BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
January 28, 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
28, 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)
Deputy County
Manager Joe Abel
Deputy County
Attorney Lynn Porter-Carlton
Clerk of
Court and Comptroller Grant Maloy
Deputy Clerk Kyla Farrell
Reverend Wayne Thomas,
GracePointe Church of the Nazarene, Lake Mary, gave the
Invocation. Commissioner Lockhart led
the Pledge of Allegiance.
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Deputy County Attorney Lynn Porter-Carlton
announced the County Attorney has requested a closed session with the BCC today
at 9:30 a.m. or as soon thereafter as possible.
The closed attorney-client session with legal counsel will be
immediately following the close of the morning session 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 the settlement negotiations with the plaintiff in the River
Cross Land Company LLC v. Seminole County federal case. This session is closed and members of the
public are not permitted to attend.
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 A. Bryant Applegate; Deputy County Attorney Lynn Porter-Carlton; and
the County’s outside counsel Todd Norman and Joe 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 one
hour. 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 and settlement negotiations.
After the closed session, the BCC will
re-open the public meeting in chambers and the BCC will hold a public hearing
to consider approval or rejection of the settlement offer. A copy of the draft settlement offer is
available for review by contacting the Seminole County Attorney’s Office.
BUSINESS SPOTLIGHT
The
Business Spotlight video for MC2 was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2020-1858
Motion by Commissioner Constantine, seconded by Commissioner Lockhart,
to adopt a Proclamation recognizing Ms. Sadie Zeigler for her service to the
community at 105 years young.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Agenda Item #2 – 2020-1862
Pam Neighbors, President and CEO
CareerSource Central Florida, addressed the Board and presented the
CareerSource Central Florida Annual Update.
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Grant
Maloy, Clerk of Court and Comptroller, recognized his
staff for receiving the Government Finance Officers Association (GFOA)
Certificate of Achievement for Excellence in Financial Reporting.
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J.
Paul Carland, II, Esq. General Counsel, Seminole
State College of Florida, gave a presentation entitled “Interest Based
Bargaining.”
CONSENT AGENDA
Deputy
County Manager Joe Abel announced Item #5, Pharmacy Management Services, has
been pulled from the agenda for further due diligence. In regard to Item #17, the Agreement for the
Conveyance of Quitclaim Deeds and Drainage Easements for Fire Station #11 was
just distributed and Mr. Abel asked for it to be considered during the
afternoon portion so the Board has a chance to review the agreement. No
objections were voiced.
Commissioner
Dallari pulled Item #16, Red Cleveland Boulevard Right-Of-Way/Easements, for
further discussion.
Commissioner
Lockhart pulled Item #15, Administrative Code Changes – 28.40 Seminole County
Arts and Cultural Grant Program, for clarification. The Commissioner also pulled Item #20,
RFP-603662-19/BJC – Seminole County Impact Fee Consultant Services, for a
separate vote.
Motion by Commissioner
Constantine, seconded by Commissioner Lockhart, to authorize and approve the following:
Human Resources
5. Pulled
from the Agenda the request to approve and Authorize the Chairman to
execute an Agreement between Prescription Care Management and Seminole County
Government for Pharmacy Management Services.
(2020-1861)
Community Services
Community Assistance
6. Approve
and authorize the Chairman to execute the Agreement between Homeless Services
Network of Central Florida and Seminole County Government for HUD Continuum of
Care Program Grant – FL0562L4H071803 in the amount of $35,457 for Housing
Stability Case Management services provided to homeless families of Seminole
County. (2020-1842)
Community Development
7. Approve
and authorize the Chairman to execute the First Amendment to Community
Development Block Grant (CDBG) Subrecipient Agreement with Kids House of
Seminole, Inc. in the amount of $18,940 to complete a public facility
improvement activity to include flooring repair and replacement at the agency’s
site. (2020-1852)
8. Approve
and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to
Seminole County Resolution #2013-R-61, and the HOME Program Activity Report,
pursuant to Seminole County Resolution #2015-R-51 for the month of November
2019. (2020-1840)
9. Approve
and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to
Seminole County Resolution #2013-R-61, and the HOME Program Activity Report,
pursuant to Seminole County Resolution #2015-R-51 for the month of December
2019. (2020-1841)
Development Services
Planning and Development
10. Authorize the release of Public Road
Maintenance Bond #CMS0327783 in the amount of $23,272.65 and Private Road
Maintenance Bond #CMS0327782 in the amount of $144,269.71 for the Windsor
Square subdivision. (2019-1680)
11. Approve the minor plat for the Valencia
subdivision containing two (2) lots on 0.51 acres zoned R-1 (Single Family
Dwelling), located on the northeast corner of Seminole Avenue and Citrus
Avenue. (2020-1843)
12. Approve the plat for the Cadence Park (fka Evergreen Estates) subdivision containing ninety-five
(95) lots on 29.21 acres zoned PD (Evergreen Planned Development), located on
the south of Ronald Reagan Boulevard and County Home Road. (2020-1847)
13. Authorize the release of Performance Bond
#54-219221 in the amount of $43,817.40 for road, streets, and drainage
improvements related to the Danus Utilities site on
N. Beardall Avenue.
(2020-1849)
Environmental Services
Business Office
14. Approve the Release of Water and Sewer
Improvements Cash Maintenance Bond in the amount of $709 for ABC Liquors, Inc.;
Maintenance Bond in the amount of $5,300 for water and sewer facilities for Pen
Avenue; Water and Sewer Improvements Cash Maintenance Bond in the amount of
$2,150 for Terracina at Lake Forest; Maintenance Bond #268010118 in the amount
of $43,750.67 for water and sewer facilities for Brookmore
Estates; and Water and Sewer Improvements Cash Maintenance Bond in the amount
of $4,890 for Lakeside Fellowship UMC. (2020-1851)
Business Office
15. Pulled for a separate discussion.
Public Works
Engineering
16. Pulled for a separate discussion.
17. Continued
to afternoon portion of the meeting the request to approve and authorize
the Chairman to execute a Purchase Agreement in the
amount of $37,500 between property owner, Florida Department of Transportation
(FDOT) and Seminole County for property (4,375± sq. ft.) necessary for the
construction of a new Fire Station #11 at 2721 S. Ronald Reagan Boulevard
approximately 600 +/- feet north of S.R. 436. (2020-1857)
(At the start of the afternoon session,
it was determined that this item will be moved to the February 11, 2020, BCC
meeting.)
Resource Management
Budget
18. Approve and authorize the Chairman to execute
appropriate Resolution #2020-R-15 implementing Budget Amendment Request (BAR)
#20-032 to restructure and reallocate funding in FY 2019/20 for various capital
projects in the Water and Sewer and Solid Waste Funds transferring $3,392,882
to Reserves in the 40108 Water and Sewer Capital Improvement Reserves; and
approve the Solid Waste capital equipment request for survey equipment and a tarping
machine at the Landfill. (2020-1839)
MSBU
19. Adopt and authorize Chairman to execute appropriate
Resolution #2020-R-16 establishing 7% of assessed revenue as the calculation
for MSBU Program administrative costs. Collected
revenue is directly related to the amount of work expected to be performed and
is the most direct method for calculation of administrative costs. (2020-1848)
Purchasing and Contracts
20. Pulled
for a separate discussion.
21. Award
BID-603669-19/BJC – Delinquent Tax Advertisement Services to Orlando Sentinel,
Orlando, in the amount of $42,410.23; and authorize the Purchasing and
Contracts Division to issue the Purchase Order.
(2020-XXXX)
22. Award
CC-2772-19/RTB - Construction of Seminole County Fire Station #11 to APM
Construction Corporation, New Smyrna Beach, in the amount of $3,975,300; and
authorize the Purchasing and Contracts Division to execute the agreement. (2020-1823)
23. Award
IFB-603647-19/TLR - Term Contract for Active Park Landscape Maintenance to
BrightView Landscape Services, Inc., Longwood; and authorize the Purchasing and
Contracts Division to execute the agreement. The estimated annual amount is
$354,528.40. (2020-1831)
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #15 – 2020-1844
Administratvie Code Change –
28.40 Seminole County
Arts and
Cultural Grant Program
Commissioner
Lockhart stated she has a few concerns in the language of the Administrative
Code starting on page 183 of the agenda.
On page 184, item (2)(b), there is a provision that states that all
activity funded through this program must be open to the general public. She wants to make sure that there is language
that allows programming in schools because while schools are made up of members
of the public, the general public would not have access to schools. Richard Durr,
Leisure Services, addressed the Board and advised staff can add some inclusive
language to make sure they are not omitting or excluding in regard to the
Commissioner’s concern. Commissioner
Lockhart stated the second language change she would like to see is on page 186.
Looking at item I.(2),
the cultural or artistic merit of the project, they award 30 points for a
project that will create pathways for supporting rural and underserved
communities. She would like for it to
state “supporting rural and/or underserved communities.” No
objections were voiced.
In regard to
Commissioner Lockhart’s first concern, Commissioner
Carey advised she would like “open to the general public” to be defined because
it sounds a little broad.
Motion by Commissioner Lockhart,
seconded by Commissioner Dallari, to approve and
authorize the Chairman to execute appropriate Resolution #2020-R-14 amending
Seminole County Administrative Code by creating Section 28.40 – Seminole County
Arts and Cultural Grant and providing for an effective date; including minor language changes discussed by the Board. (2020-1844)
Districts 1, 2, 3, 4, and 5 voted
AYE.
Consent Agenda Item #16 – 2019-1729
Red Cleveland Boulevard Right-Of-Way/Easements
Commissioner
Dallari stated he has heard there may be stormwater issues on the property so
he would like some clarification from staff.
Jean Jreij, Public Works Director, addressed
the Board and advised on the County’s property, there is no stormwater
issue. Commissioner Dallari confirmed
with Mr. Jreij that it is his professional opinion
that the property that the County controls is being properly treated per St.
Johns River Water Management regulations.
Commissioner Carey stated if this easement is granted and the property
is developed, any stormwater, regardless of where it’s coming from, will have
to be treated before it leaves the site.
Upon
request of Commissioner Dallari, Ken Wright, Shutts & Bowen law firm,
addressed the Board in regard to the letter he sent to the Board (received and
filed). Commissioner Dallari asked if Mr.
Wright could elaborate on Florida State Statute 336.12, which he mentions in his
letter to the Board. Mr. Wright stated
the operation of that statute is such that if you were to acquire a piece of
property by purchase or eminent domain, and abandon it, give it up, or vacate
it, you could not do so and then turn around and dispose of it to a third
party. If you vacate it or abandon it,
it would go back to the previous owner.
Commissioner
Carey advised Mr. Wright’s letter has a lot of misstated facts. She would like to ask the Deputy County
Attorney to set the record straight because they are not giving exclusive
easements or other things that are indicated in the letter. Ms. Porter-Carlton stated Mr. Wright isn’t
saying that the County would be violating the statute by entering into what is
proposed in the agenda item. The
proposal is not to abandon or relinquish all rights the County has on the
property, it would be granting a non-exclusive easement for access and drainage
to the developer of the proposed hotel project.
The County would retain its rights in the property and the agreement
provides that if in the future the County notifies the developer that they need
additional portions of that land for public purpose, the developer would have
to move, at his own expense, any improvements that he put within the
right-of-way. She advised the statute
does not apply and it is not an exclusive easement.
Commissioner
Carey discussed why she supports this item.
Commissioner Dallari had Ms. Porter-Carlton review the details of the
proposed agreement regarding modifying, moving, or relocating improvements at
the developer’s expense upon County request.
Commissioner Constantine stated
he does not think that they are abdicating any responsibility by asking their
strategic partners, the airport as well as the applicant, to work together to
try to find a solution. He believes in
one month, they could come up with an agreement that is something for both
sides.
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to continue to the February 25, 2020, BCC
Meeting the request to approve and authorize the Chairman to execute an
Infrastructure in Right-of-Way Agreement, Drainage and Landscape Easement and
Access Easement for the construction and maintenance of permanent improvements
along Red Cleveland Boulevard, within the existing right-of-way.
Under
discussion, Commissioner Dallari advised he has an issue with the County having
the ability to ask them to move their improvements. Chairman Zembower discussed why he would not
be supporting this item. Commissioner
Carey stated she thinks it would be difficult to have meaningful conversations
in the next 30 days if the Board isn’t clear on what they intend to do. Commissioner Lockhart agreed with
Commissioner Carey in regards to what they would accomplish in 30 days. She voiced she has tried really hard to get
to the root of what the real issue is.
If the applicant already has in hand the driveway permits, and the Board
has no say over the driveway permits, then the whole concept of having them go
and negotiate driveway permits is completely foreign. She is not inclined to support a delay for 30
days. Commissioner Constantine stated
the Chairman’s involvement in this has made it an amenable situation, and it is
very close to both sides coming to an agreement. Commissioner Lockhart asked what are the
specific points the two parties would negotiate. Commissioner Constantine answered there are
concerns about two curb cuts on Red Cleveland, and the Airport has a great deal
of concerns about that road. He isn’t
sure what they’re going to come up with, but he believes that there is a
solution that they could work together on.
Districts
1, 2, and 3 voted AYE.
Districts
4 and 5 voted NAY.
Motion passes 3 to 2.
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Chairman Zembower reminded that
Consent Agenda Item #17, Purchase Agreement with FDOT for Fire Station #11,
will be heard during the afternoon session.
Mr. Abel noted there was only a placeholder in the agenda for this
agreement and a copy was never distributed.
Staff received the agreement back from the State who had made a couple
of changes, so staff will highlight those changes and distribute the agreement. Commissioner Carey advised they were originally
going to pay them for the right-of-way and now it is going to be escrowed for
improvements to SunRail.
Consent Agenda Item #20 – (2020-1838)
RFP-603662-19/BJC – Impact Fees Consultant Services
Commissioner
Lockhart stated after reading staff’s input on the two firms, it seems to her
like they have a firm that they know, trust, and believe is better qualified to
do the work; but perhaps because of price, the evaluation committee felt like
they needed to go with the lower priced option.
The lower priced option doesn’t have any experience in the state of
Florida, and that gives her great concern because impact fees are very
important. It is important to have
people who understand the state of Florida and have done work in the past. Ultimately, she would like to award the
contract to the other applicant.
Betsy
Cohen, Interim Purchasing and Contracts Manager, addressed the Board and stated
the Board has the authority to overturn the ranking. The procurement office doesn’t modify the
numbers, and the cost was one of the criteria to be considered.
Motion by Commissioner Lockhart,
seconded by Commissioner Carey, to authorize staff to award RFP-603662-19/BJC –
Seminole County Impact Fees Consultant Services to Tindale Oliver and have
staff negotiate a price that would be less than their proposed amount.
Under
discussion, Chairman Zembower asked if she is desiring to award it now or
asking staff to go back and negotiate the contract to be brought back to the
Board at the next meeting. Commissioner
Carey advised, as the seconder, she would like to see it come back. She pointed out, if you look at the scoring,
Tindale Oliver scored much higher on qualifications, experience, and
approach. The only issue was pricing,
which was double. She would like to see
what staff can negotiate. Commissioner
Lockhart announced she would like to revise
her motion.
Motion by Commissioner Lockhart,
seconded by Commissioner Carey, to authorize staff to negotiate with the second proposer, Tindale Oliver, and bring back
the request to award RFP-603662-19/BJC – Seminole County Impact Fees Consultant
Services at the February 25, 2020, BCC Meeting.
Districts
1, 2, 3, 4, and 5 voted AYE.
Constitutional
Officer’s Consent Agenda
Clerk & Comptroller’s Consent
Agenda Item #24
Motion by Commissioner
Dallari, seconded by Commissioner Carey, to approve Expenditure Approval Lists dated December 23 and 30, 2019,
and January 6, 2020; Payroll Approval Lists dated December 26, 2019, and
January 9, 2020; and the BCC Official Minutes dated September 24, 2019. (2020-1859)
Districts 1, 2, 3,
4, and 5 voted AYE.
Clerk & Comptroller’s “Received
and Filed” Documents
1.
Letter dated January 14, 2020 to
Valued Stakeholder from Chairman Jay Zembower regarding request for input in
connection with the Five Points Master Plan.
2.
Letters dated December 16, 2019 to
various outside boards regarding Seminole County BCC liaison appointments
effective January 1, 2020.
3.
Public Officer Oaths for the
following members of the Board of Adjustment:
Stephen Coover and Bernard Johns.
4.
Public Officer Oaths for the
following members of the Contractor Examiners Board: Daniel Priest, Mark Wesson, Marty Chan,
Michael Fratrik, and James DePoy.
5.
Public Officer Oath for Richard
German, Planning and Zoning Commission.
6.
Updated Purchasing and Contracts
Manager Policies reflecting the modifications made to the Administrative Code,
approved by the BCC on August 27, 2019.
7.
Letter of Credit #347022432-L009 for
Private Roads Maintenance Agreement in the amount of $37,456.64 for the project
known as Sylvan Trails.
8.
Maintenance Bond #SUR0056942 in the
amount of $6,421.53 for the project known as HCME Corporate Office.
9.
Maintenance Agreement and Letter of
Credit #FGAC-20009 in the amount of $24, 308.70 for the project known as
Estates at Wellington.
10.
Sidewalk Easement from Peirce
Holdings, LLC, Parent Parcel #23-21-29-300-0040-0000.
11.
Developer’s Commitment Agreement
#19-20500025; Legacy Pointe PD; CCRC Development Corporation.
12.
Legal Consultant Services Agreement
for Acoustical Consulting Services with Quietly Making Noise, LLC.
13.
Tourist Tax Funding Agreement for 2020
Girls ECNL Florida with Elite Clubs National League, Inc.
14.
FPSC Order #PSC-2019-0544-TRF-EI
issued December 20, 2019.
15.
FPSC Order #PSC-2019-0536-CO-GU
issued December 20, 2019.
16.
Amendment #1 to Work Order #49 to
PS-0009-15 with Inwood Consulting Engineers, Inc.
17.
Amendment #1 to Work Order #57 to
PS-0009-15 with Inwood Consulting Engineers, Inc.
18.
Work Order #60 to PS-0009-15 with
Pegasus Engineering, Inc.
19.
Work Order #61 to PS-0009-15 with
Atkins North America, Inc.
20.
Amendment #1 to Work Order #31 to RFP-0336-15
with Miller Electric Company.
21.
Amendment #1 to Work Order #7 to
PS-1522-17 with Tierra, Inc.
22.
Work Order #1 to PS-1566-17 with Carollo Engineers, Inc.
23.
Amendment #2 to Work Order #1 to
PS-1802-18 with Kittelson & Associates.
24.
Amendment #1 to Work Order #5 to
PS-1822-18 with Reiss Engineering, Inc.
25.
Work Order #27 to PS-1832-18 with
CDM Smith, Inc.
26.
Work Order #28 to PS-1832-18 with
Tierra, Inc.
27.
Amendment #2 to Work Order #1 to
RFP-2324-19 with CGL Companies, LLC.
28.
Change Order #1 to CC-2439-19 with
Convergint Technologies.
29.
Work Order #4 to PS-2468-19 with GAI
Consultants, Inc.
30.
Change Order #1 to CC-2642-19 with
BK Earnest, LLC.
31.
CC-2739-19, Construction Services
Agreement with U.S. Veteran Contractors, LLC.
32.
Sixth Amendment to PS-9742-14 with
Jacobs Engineering Group, Inc.
33.
Amendment #8 to Work Order #6 to
PS-9742-14 with CH2M Hill Engineers, Inc.
34.
First Amendment to RFP-9948-14 with
Jacobs Engineering Group, Inc.
35.
Amendment #8 to Work Order #1 to
RFP-9948-14 with Jacobs Engineering Group, Inc.
36.
First Amendment to IFB-603310-18
with Cain Enterprises, LLC d/b/a Engineering Solutions International.
37.
IFB-603571-19, Term Contract with
Univar Solutions USA, Inc.
38.
IFB-603660-19, Term Contract with
Rainbow Distributors USA, Inc.
39.
IFB-603683-19, Term Contract with
Ten-8 Fire Equipment, Inc.
40.
Bids as follows:
CC-2772-19
from CIC Construction Group USA, LLC; W&J Construction Corp.; APM
Construction Corp.; PeakCM, LLC;
RFP-603658-19
from Playmore West, Inc.; Bliss Products and
Services, Inc.; PlayCore Wisconsin d/b/a GameTime;
IFB-603692-19
from Infection Control Consultants;
CC-2739-19
from U.S. Veteran Contractors, LLC; Black Street Enterprises, LLC d/b/a BSE
Construction Group; Linton Enterprises, Inc.; Glen Holt Aluminum, LLC; and
IFB-603702-19
from Municipal Emergency Services, Inc.; Municipal Equipment Company, LLC;
TechnicalRescue.com, Inc.
REGULAR AGENDA
Commissioner Carey left the meeting at this
time.
Wekiva Island Paint Out and Spring Fling 2020
Special Event Permit/Mary
Sue Weinaug
Mary Robinson, Planning and Development
Division, addressed the Board to present the request as outlined in the agenda
memorandum. She noted the applicant is
present.
Motion
by Commissioner Constantine, seconded by Commissioner Dallari, to approve a
Special Event Permit for Wekiva Island Paint Out and Spring Fling 2020 on
Sunday, March 1, 2020 through Friday, March 20, 2020, located at 1000 - 1014
Miami Springs Dr., Longwood, subject to staff’s recommendations included in the
Special Event Permit.
Districts 1, 2, 3, and 4 voted AYE.
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Commissioner Carey re-entered the meeting
at this time.
Wekiva Island Fall Fest 2020
Special Event Permit/Mary
Sue Weinaug
Ms. Robinson presented the request as
outlined in the agenda memorandum.
With regard to public participation, no one
in the audience spoke in support or opposition to the item, and public input
was closed.
Motion
by Commissioner Constantine, seconded by Commissioner Dallari, to approve a
Special Event Permit for the Wekiva Island Fall Fest on November 13, 14, 27,
and 28, 2020, located at 1000 -1014 Miami Springs Drive, Longwood, subject to
staff’s recommended conditions included in the Special Event Permit.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #27 – 2020-1783
Wekiva Island Winter
Wonderland 2020
Special Event Permit/Mary Sue Weinaug
Ms.
Robinson presented the request as outlined in the agenda memorandum.
Commissioner
Constantine stated he understands that this would be three Special Event
permits for the year and that Wekiva Island has only asked for an additional
five people over what they normally would have.
He thanked Wekiva Island and their neighbors because he has heard that
things have been better in that area since the agreement and since the last
permits that were approved.
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to approve a Special Event Permit for the Wekiva
Island Winter Wonderland 2020 on December 1, 2020 through January 1, 2021
(excluding December 24 and 25, 2020), located at 1000 -1014 Miami Springs
Drive, Longwood.
Under
discussion, Commissioner Carey advised they did receive a letter (received and
filed) from the adjacent neighborhood but it wasn’t signed. She stated the request by the Applicant was
10:00 p.m. for one night, and staff’s recommendation on Sunday the 27 through
Thursday the 31 was 9:30 p.m. She asked
if the motion is to approve staff’s request or the Applicant’s. Commissioner Constantine clarified it is to
approve the Applicant’s request. He is
willing to give that extra thirty minutes and see what happens. If there are concerns, then they will
reevaluate it next year. Commissioner
Carey stated coming forward, she thinks staff will make a note of what the
Applicant’s request is and what staff’s recommendation is if it is something
different.
Commissioner
Lockhart confirmed with Commissioner Constantine that his motion is to approve
the Applicant’s request and not staff’s recommendation.
Districts
1, 2, 3, 4, and 5 voted AYE.
COUNTY
MANAGER AND STAFF BRIEFINGS
Agenda Item #28 – 2020-1845
Informational Budget
Transfer Request
Status Report – FY2018/19 (Oct 2018 – Dec 2019)
Mr. Abel advised
this item is the Informational Budget Transfer status report, and no action
needs to be taken.
COUNTY
INVESTMENT ADVISOR REPORT
Scott
McIntyre, Managing Director of Hilltop Securities, addressed the Board to
present the Investment Advisor’s Report (received and filed). In regard to his recommendation, Mr. McIntyre
pointed out there is a change from what is shown in the presentation and what
he is recommending today. He advised
under Recommended Investments, number two shows Centennial Bank 12-month CD
($20 mm) @ 1.75%. His recommendation is
actually City National @ 1.85%. All
other recommendations remain the same.
Motion
by
Commissioner Constantine, seconded by Commissioner Carey, to adopt the
recommendations of the Board’s Financial Advisor based on the report submitted,
and direct the Clerk to implement said Board-adopted recommendations.
Districts 1, 2, 3, 4, and 5 voted
AYE.
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Chairman
Zembower announced they will convene the Closed Session in room 3024 at 11:40
a.m. and return to Chambers for a public vote.
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Chairman Zembower
recessed the meeting at 11:29 a.m.,
reconvening
at 12:15 p.m. with all Commissioners and all other Officials, with the
exception of Deputy County Attorney Lynn Porter-Carlton who was replaced by
County Attorney Bryant Applegate, and Deputy Clerk Kyla Farrell who was
replaced by Deputy Clerk Chariti Colon, who were present at the Opening
Session.
RIVER CROSS LAND COMPANY, LLC
VS. SEMINOLE COUNTY SETTLEMENT OFFER
Motion by Commissioner Carey, seconded by Commissioner Lockhart, to approve
the agreement with River Cross Land Company, LLC.
Nancy Harmon, 752 Pioneer Way, addressed the Board to express her
concerns regarding how the public was made aware of this item. County Attorney Bryant Applegate explained
advertisements, closed sessions, and public hearings. Commissioner Carey stated she thinks this is
how they start the conversation. There
will be a complete open process for the public through DRC, staff review, the
Planning and Zoning Board, and at least two required public hearings with the
County Commission. Until they know what
the proposal is and how it looks, they really don’t know if it’s a value or
not. What is important to her is
protecting the rural boundary and if this is an opportunity to do that, then
the Board needs to be able to consider it, and in order to do that, they have
to move this to the next step.
With regard to public participation, no one else in the audience
spoke, and public input was closed.
Public Comment Form was received and filed.
Commissioner Constantine stated he does not believe that this is an
even one-for-one swap, the County’s property to theirs; and he does believe as
they go forward, there needs to be additional consideration on the part of the
applicant to the County in whatever is finally approved. Commissioner Lockhart stated it’s really
important that they get direction from the County Attorney’s Office and outside
legal counsel on exactly how transparent they can be with the public. She would like to know moving forward exactly
where that line is so that they can educate and give information and take input
from the public in a way that is helpful for everybody.
Mr. Applegate explained this agreement makes no commitment on the part
of the applicant or the County. It will
go through a public hearing process, or it may not even get to that point. Everything from here on out will be in
accordance with Florida law and the public hearing process. He discussed the ability to terminate.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY
ATTORNEY’S REPORT
Mr. Applegate stated the noise ordinance is back with the consultant
who is putting the finishing touches on it.
In regard to HUD VASH, he sent the letters that the Chairman signed to
the Senate offices and Congresswoman Murphy’s office. They were sent to the director of the
Interagency Council on Homelessness to help with support on getting more HUD
VASH vouchers. They should be getting an
opioid litigation update very shortly.
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Chairman Zembower recessed the meeting at 12:26 p.m., reconvening at
1:30 p.m. with all Commissioners and all other Officials, with the exception of
Clerk of Court and Comptroller Grant Maloy, County
Attorney Bryant Applegate who was replaced by Assistant County Attorney Paul
Chipok, and Deputy Clerk Chariti Colon who was replaced by Deputy Clerk Kyla
Farrell, who were present at the River Cross Land Company, LLC vs. Seminole
County Settlement Offer vote.
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Mr. Abel announced Consent Agenda Item #17, Purchase
Agreement with FDOT for Fire Station #11, will be moved to the next BCC
meeting.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Carey, 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.
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Ex parte
communications were received and filed from all five districts.
PUBLIC HEARINGS
Sylvan Lake Aquatic Weed Control MSBU
Kathy Moore, MSBU Department, addressed the
Board and presented the item as outlined in the agenda memorandum.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to approve and
authorize the Chairman to execute appropriate Resolution #2020-R-17 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 #30 –
2019-0044
River
Run Preserve LSFLU Map Amendment and PD Rezone/Keith Lawes
Danalee Petyk, Planning and Development Division, addressed the
Board and presented the item as outlined in the agenda memorandum. She added the Planning and Zoning Commission
met on October 2, 2019, and voted to recommend approval of the request. The proposed request was heard at the
November 12, 2019, BCC meeting. Since
that meeting, County Public Works staff has provided a new Condition M in the
Development Order regarding a traffic signal warrant study and has provided
additional clarification for drainage requirements as noted in the staff
report. There have been no other changes
to the project.
Randy Morris, 323 West Trotters Drive,
addressed the Board on behalf of the applicant and introduced his team. He provided a presentation on the project and
submitted supporting documents (received and filed).
With regard to public participation, Steve Coover, 230 North Park Avenue, spoke in support, no one in
the audience spoke in opposition, and public input was closed.
Public Comment Form was received and filed.
Commissioner Carey stated she hopes the
traffic signal will be installed pretty quickly. She discussed the Sports Complex and pointed
out the original intent of the design was to enter into the main entrance but
they would exit on Skyway. She thinks
they need to have their park signed that way, especially when there’s a light
there. She hopes they do a flashing
yellow left turn for that light because people shouldn’t have to sit at a red
light when there is a clear view of no oncoming traffic. Chairman Zembower concurred.
Commissioner Lockhart asked in regard to
the preannexation agreement, whether or not staff is at a place where they know
how it is going to work for this applicant and future applicants. Rebecca Hammock, Development Services
Director, addressed the Board and advised her understanding is that for
applicants that have development approvals through the County that will
ultimately end up annexing into the city for utilities once they become
contiguous, the City of Sanford’s preference is for them to enter into the
preannexation agreement prior to zoning approval; however, there is nothing
that states that within the JPA now.
Discussion ensued regarding the JPA.
Commissioner Carey voiced her concerns about the preannexation
agreement. Deputy County Attorney Paul
Chipok discussed the legality of the agreement.
Commissioner Carey advised she wants to
make sure staff is having a meeting regarding the modifications of the JPA
sooner than later. Chairman Zembower
stated if the Commissioner is advocating having that discussion on the JPA, he
believes they owe it to the citizens to really open it up and discuss
firefighting, infrastructure, and who’s responsible. Commissioner Carey suggested scheduling a
work session with the City of Sanford and outline in advance the things they
want to talk about.
Commissioner Dallari advised he thinks this
is a good project that he hopes they can move forward, and he doesn’t want to
hold it up due to the issue of the JPA.
If they are going to open up the JPA, he believes it is a side issue
with the City and the County; and he would like to include roads and existing
enclaves in the work session discussion.
Chairman Zembower surrendered the gavel to
Vice Chairman Constantine to make a motion.
Motion
by Chairman Zembower, seconded by
Commissioner Carey, to transmit the proposed Ordinance enacting a Large Scale
Future Land Use Map Amendment from Suburban Estates to Planned Development to
State and regional review agencies; and, subject to final approval and adoption
of the Large Scale Future Land Use Amendment Ordinance, adopt the associated
Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development),
and approve the associated Development Order and Master Development Plan for
approximately 31.3 acres, located south of the Kentucky Street and Jessup
Avenue intersection; and rely upon the County Engineer for a fair pro rata
share for the traffic improvements of the traffic intersection; Keith Lawes.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Constantine returned the gavel
to Chairman Zembower to resume the duties of Chairman.
Item #31 – 2020-1797
Oregon Avenue Right-of-Way Vacate/Tom Stiffey
Ms. Petyk presented the item as outlined in
the agenda memorandum. Commissioner
Carey pointed out the County owns a piece of property at the northeast corner
of the end of the vacate. She asked how
large that piece is. Ms. Petyk answered she doesn’t know. She knows it is a vacant piece of property
that was purchased at the same time as the black bear wilderness, but it’s
currently not being used for anything.
Commissioner Carey voiced her concern is whether or not the County would
have the right to access to maintain their property. She added it may be a place they could
declare as excess property or a place where they could look at housing. She just wants to make sure the County has an
easement for access purposes and not just drainage and utilities.
Upon inquiry by Commissioner Lockhart, Ms. Hammock advised her
understanding is that the property is part of the Natural Lands program but
there is an FP&L easement on the property for a transmission line. A lengthy discussion ensued regarding access
and the FP&L easement. Commissioner
Carey advised she is not opposed to the vacate as long as the County has the
ability to access the property if needed.
Craig Shadrix, 2612 Amaya Terrace, addressed
the Board on behalf of the applicant. He
explained the Stiffeys are seeking the vacate
primarily to allow them to cure the encroachment of an existing shed into that
portion of the right-of-way.
Commissioner Carey pointed out many times the County can simply vacate
an underlying area to cure an encroachment.
She asked if there was a reason why they wouldn’t do the same thing in
this scenario, and Mr. Shadrix answered no. He advised if the County simply vacated the
area of encroachment, the applicant would not object to that.
Upon inquiry by Chairman Zembower, Mr. Shadrix
stated the shed is encroaching the right-of-way by 15 feet. Commissioner Carey advised the applicant is
going to have to come back for other actions in order to cure this issue. In regard to discussion about a variance, Mr.
Chipok stated the Commission does not have the authority to grant a variance
because that jurisdiction has been given to the Board of Adjustment. The request is for a vacation of the entire
piece of right-of-way. If the Board
wants to do a lesser piece, he would recommend rather than giving a denial,
approve a continuance so they could do the appropriate documentation for just
the area that needs to be vacated.
Commissioner Carey reiterated her concern is access, and until someone
can say the County will truly have access, she would prefer to continue the
request so they can meet with the applicant and figure out the best
solution. She would like staff to visit
the property and send a surveyor out to stake the right-of-way because the road
that shows up on the maps is not where the right-of-way is coming in from
Michigan.
Mr. Shadrix informed the Board of the
continuous fine accruing on the property. He advised the applicant would be appreciative
of any relief that could be granted under the power of the Board at this
time. If continued to the next meeting,
Commissioner Dallari asked if that would be enough time to get a survey
done. Mr. Shadrix
answered he believes they could produce the necessary documents.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to
continue to February 25, 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.
Under
discussion, Commissioner Lockhart asked if there is anything they can do as
part of the motion that ensures that the Stiffey
family does not wind up with fines continuing to accrue. Commissioner Carey indicated that could be
part of the action at the next time the request was heard, and all they would
have left to do is apply for the variance.
Commissioner Lockhart asked if there would be any benefit of having the
County survey crew go out and survey County right-of-way. Mr. Shadrix
explained his surveyor has been coordinating with Neil Newtown (County staff)
the entire two years they have been working on the issue. Commissioner Carey confirmed with Mr. Shadrix that February 25 is adequate time for the
applicant.
Districts 1, 2,
3, 4, and 5 voted AYE.
Item #32 – 2020-0003
Public Storage SSFLU Map
Amendment and
PD Rezone/Julie Kendig-Schrader
Ms. Petyk presented the item as outlined in the agenda
memorandum.
Mike
Vahle, Public Storage Real Estate Development Team,
addressed the Board on behalf of Public Storage. He advised they would like to upgrade the
existing use and existing facility by taking out the unpaved parking area and
replacing it with a modern, climate-controlled building.
In
regard to public participation, no one spoke in support or opposition to this
item, and public input was closed.
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to adopt Ordinance #2020-02 enacting a Small
Scale Future Land Use Map Amendment from Commercial and Low Density Residential
to Planned Development; adopt Ordinance #2020-03 enacting a Rezone from C-2
(Retail Commercial) and R-1AA (Single Family Dwelling) to PD (Planned
Development); and approve the associated Development Order and Master
Development Plan for 5.64 acres, located on the east side of Orange Blossom
Trail, north of Center Street; Julie Kendig-Schrader.
Districts
1, 2, 3, 4, and 5 voted AYE.
DISTRICT
REPORTS
District
4
Commissioner
Lockhart discussed the Lillie H. Green Community Center, Legislative Days,
Florida Association of Counties, a community meeting regarding the East Crystal
chain of lakes, and the Seminole County Public Schools teacher job fair.
District
1
Commissioner
Dallari reported on the Boys & Girls ECNL and noted he looks forward to
seeing the final numbers from the County Manager’s Office so they can see how
well they did. He discussed an inactive
CRA with the City of Oviedo.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to reappoint David Axel and Tim Slattery to the
Oviedo Community Redevelopment Agency.
Districts
1, 2, 3, 4, and 5 voted AYE.
Commissioner
Dallari advised he hasn’t seen anything regarding the bear management program
in the eastern part of the county and is hopeful he will see something
soon. He discussed coordination for the
Oviedo parade.
District
5
Commissioner
Carey reported on the Sanford-Orlando International Airport and a Central
Florida Expressway Authority meeting regarding Osceola Parkway.
District
3
Commissioner
Constantine discussed the Altamonte Springs Centennial Gala and asked to give a
Resolution to the City of Altamonte Springs for their 100th
anniversary. No objections were voiced.
The Commissioner noted events he will be attending in the near future.
District
2 and CHAIRMAN’S REPORT
Chairman
Zembower announced recent events he has attended. He discussed the Mullet Lake Park Road
drainage study.
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to approve the work session schedule.
Districts
1, 2, 3, 4, and 5 voted AYE.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter dated January
15, 2020, from Mayor Megan Sladek, City of Oviedo, to
Chairman Zembower re:
Seminole County Urban Bear Management Ordinance. cc:
Development Services Director
2. Letter dated
January 16, 2020, from Blaise Trettis, Public
Defenders 18th Judicial Circuit Court re: Five points Master Plan.
3. Letter dated
January 15, 2020 from Phil Archer, 18th Judicial Court re: Five Points Master Plan.
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There being no
further business to come before the Board, the Chairman declared the meeting
adjourned at 3:00 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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