BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

March 26, 2019

 

     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, March 26, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman Brenda Carey (District 5)

     Vice Chairman Jay Zembower (District 2)

     Commissioner Robert Dallari (District 1)

     Commissioner Lee Constantine (District 3)

     Commissioner Amy Lockhart (District 4)

     Clerk of Court & Comptroller Grant Maloy

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Chariti Colón

 

         

     Dr. Walt Person, Sanford Church of Christ, Sanford, gave the Invocation.  Commissioner Lockhart led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Resolute Tissue was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2019-1272

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve a Proclamation proclaiming the Month of April 2019 as Child Abuse Prevention Awareness Month in Seminole County, Florida.

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

Ernest Hamilton, Kids House Executive Director, acknowledged the Proclamation and addressed the Board to present them with a Certificate of Appreciation for 20 years of support to Kids House.  Mr. Hamilton discussed the operations and facilities of Kids House.

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Agenda Item #2 – 2019-1273

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve appropriate Resolution #2019-R-47 recognizing Corey Green, Battalion Chief, for 34 years of service to Seminole County Government and its citizens.

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

     Corey Green, Battalion Chief, thanked the Board for their recognition and stated it was an honor and a privilege to serve the citizens of Seminole County.

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Agenda Item #3 – 2019-1261

Richard Maladecki, Central Florida Hotel & Lodging Association (CFHLA) President and CEO, addressed the Board to present CFHLA’s new Tourism Calculator located on their website.  Mr. Maladecki explained the Tourism Calculator tool was launched last summer by U.S. Travel, and it depicts the importance of the tourism-based economy nationwide state by state.  The CFHLA Board of Directors found it was necessary to break it down to Central Florida.  Mr. Maladecki displayed the website and detailed how to use the calculator tool.  He explained the latest numbers are from 2017, and the statistics are from the U.S. Department of Labor and Smith Travel Research, who collects occupancy and average daily room rates.  Mr. Maladecki displayed various scenarios and discussed how to calculate the local economic impact if tourism were to increase or decrease.  He expressed that he hopes the tool will be utilized to educate the importance of Central Florida’s tourism-based economy.  The Board thanked Mr. Maladecki for his presentation.

COUNTY MANAGER’S CONSENT AGENDA

County Manager Nicole Guillet announced Item #14A, plat for the Parkview Place, is being added to the Consent Agenda; and Item #7, request to adopt a resolution to amend Seminole County’s Administrative Code Section 4.4(C), is being pulled from the Consent Agenda.

Commissioner Zembower requested that Item #22, (BAR) #19-042 in the amount of $86,000 to purchase a replacement arm for a slope mower in the Roads-Stormwater Program, be pulled for a separate discussion.

Bill Hyde, 2379 Audley Street, addressed the Board and stated he is in support of Item #10, Brighton Estates plat, if it is going to be only nine single-family lots, which Chairman Carey confirmed.

With regard to public participation, no one else in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.  Public Comment Form received and filed.

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

County Manager’s Office

Addressing

 4.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-48 to rename Whitcome Court to Whitcombe Court.  (2019-1221)

Office of Emergency Management

 5.  Approve and authorize the Chairman to execute the Memorandum of Agreement for the Urban Area Security Initiative (UASI) grant program. (2019-1275)

 

Community Services

Business Office

 6.  Approve and authorize the Chairman to 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 months of December 2018, January 2019, and February 2019.  (2019-1267)

 7.  Pulled from the Agenda the request to adopt a resolution to amend Seminole County’s Administrative Code Section 4.4 (C), Membership Structure, to be in compliance with Florida Statute 420.9076(2) referencing the Affordable Housing Advisory Committee.  (2019-1269)

 8.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-49 appointing eleven (11) new members of Seminole County’s Affordable Housing Advisory Committee (AHAC) as required by Chapter 420, Part VII, Florida Statutes, including Chapter 420.9076, as well as Section 40.267 of the Seminole County, Florida, Code of Ordinances and Section 4.4 of the Seminole County Administrative Code.  (2019-1270)

 

Development Services

Planning and Development

 9.  Approve and authorize the Chairman to release Private Road Maintenance Bond #59BSBGY6018-A in the amount of $50,012.41 and the Private Cash Maintenance Bond (Paving and Drainage Agreement) in the amount of $2,432.33 for the Hampton Estates subdivision.  (2019-1247)

10.  Approve and authorize the Chairman to approve the plat for the Brighton Estates single-family residential subdivision containing nine (9) lots on 4.55 acres zoned R-1AA (Single-Family Dwelling), located on the north side of Lake Hayes Road, east of Alafaya Trail.  (2019-1248)

11.  Approve and authorize the Chairman to release Maintenance Bond (Private Road Maintenance Agreement) #1053888 in the amount of $137,341.20 for Lukas Landing Subdivision.  (2019-1254)

12.  Approve and authorize the Chairman to release Letter of Credit (Maintenance Agreement) #68137117 in the amount of $10,966 for Right-of-Way utilization of CR 419.  (2019-1255)

13.  Approve and authorize the Chairman to release Maintenance Bond (Streets, Curb, Storm Drains) #SEIFSU0693775 in the amount of $59,058 for a Right-of-Way utilization permit for W. Mitchell Hammock Road.  (2019-1256)

14.  Approve and authorize the Chairman to release Maintenance Bond (Streets, Curb, Storm Drains) #SUR0035898 in the amount of $12,582 for a Right-of-Way utilization permit for CR 426.  (2019-1257)

14A.  Approve and authorize the Chairman to approve the plat for the Parkview Place single-family residential subdivision containing seventy (70) lots on 13.96 acres zoned PD (Planned Development), located on the east side of Skyway Drive, approximately 300 feet south of East Lake Mary Boulevard.  (2019-1282)

 

Environmental Services

Solid Waste Management

15.  Approve and authorize the Chairman to execute the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Services with Fomento de Construcciones y Contractas, Inc., d/b/a FCC, SA, effective from March 26, 2019, to September 30, 2019.  (2019-1268)

Public Works

Engineering

16.  Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $1,500 between property owners, Clifford L. Watkins and Vickie D. Watkins, and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Harris Street at Pine Street.  (2019-1238)

17.  Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $16,800 between property owner, Patricia A. Johnson, and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Morse Street at Jackson Street.  (2019-1245)

18.  Approve and authorize the Chairman to execute Addendum C to the Supervisor of Elections Lease 2003-17.  (2019-1258)

 

Resource Management

Budget

19.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-50 implementing Budget Amendment Request (BAR) #19-036 in the EMS Trust Fund to recognize $4,721 in interest revenue and transfer $76,699 of the remaining 2017/18 EMS Trust Grant balance for a total of $81,420 to the 2018/19 EMS Trust Grant for the purchase of a SimBaby Simulator Manikin and PulsePoint with VR capital software module; and authorize the Chairman to execute the PulsePoint Statement of Work and Terms and Conditions (2) documents.  (2019-1232)

20.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-51 implementing Budget Amendment Request (BAR) #19-039 through various funds in the amount of -$4,763,065 for carryforward project adjustments from FY 2017/2018 to FY 2018/2019.  (2019-1277)

21.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-52 implementing Budget Amendment Request (BAR) #19-041 from General Fund Reserves in the amount of $143,757 to fund agreements related to the Chronic Homeless Pilot Program.  (2019-1250)

22.  Pulled for a separate discussion.

Purchasing and Contracts

23.  Approve and authorize the Chairman to approve Work Order #5 (Inflow & Infiltration Mitigation for Service Area Flowing to SSNOCWTA) under PS-1822-18/TAD, Continuing Engineering Services for Utilities Improvements with Reiss Engineering, Inc. of Winter Springs, in the amount of $143,456.30; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2019-1239)

24.  Approve and authorize the Chairman to award a second Contractor under IFB-603091-18/TLR, Term Contract for Irrigation Installation, Repairs, and Maintenance Services for Seminole County, to BrightView Landscape Services, LLC, Longwood, for the estimated total annual amount of $75,000; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2019-1244)

25.  Approve and authorize the Chairman to approve a one-time increase to the Board-approved Estimated Annual Usage under PS-1709-18/RTB, Master Services Agreement for National Pollutant Discharge Elimination System (NPDES), by an additional $350,000 for the remainder of the term ending June 3, 2019.  In addition, contingent upon approval of the increase, approve and authorize the Purchasing and Contracts Division to execute Work Order #4 in the amount of $297,085.97 with Geosyntec Consultants, Inc. of Winter Springs.  (2019-1252)

 

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

 

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Agenda Item #22 – 2019-1265

Commissioner Zembower requested clarification from staff whether this BAR is piggybacking off of an existing contract.  Ray Hooper, Purchasing and Contracts Manager, responded he does not know whether this would be a piggyback or a lease preference of procurement.  He added that budgeted items over $50,000 are open to competition per the Board's Administrative Code. 

Chairman Carey questioned whether the slope mower resides on the tractor all the time or gets taken on and off in order to mow the slopes.  Jean Jreij, Public Works Director, responded it is specifically attached to this tractor to be used as one of the ditch mowers.  He explained they tried to fix the equipment, but a lot of the parts are obsolete.  The new one can be moved to another tractor in the future if needed. 

Commissioner Zembower stated before purchasing an $86,000 boom mower, he feels they should look closely at whether this tractor will need to be replaced in the near future which would require them to spend an additional $20,000 on a hydraulic mounting apparatus for a new tractor.  He just wants to make sure there will not be a request next year or during the budget session to replace this tractor.  Mr. Jreij responded the tractor does not need to be replaced.  The Commissioner inquired about the “State Contract, XF4, Florida Sheriff” designation.  Mr. Jreij responded they use a piggyback contract if one exists.  Otherwise, they have to open it up to the market for bids. 

Chairman Carey questioned if this is the only slope mower they have, and Mr. Jreij responded it is not.  Chairman Carey confirmed with Mr. Jreij this was time-sensitive because of the season and they need the mower to do the ditches. 

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute appropriate Resolution #2019-R-53 implementing Budget Amendment Request (BAR) #19-042 through Transportation Trust Fund reserves in the amount of $86,000 to purchase a replacement arm for a slope mower in the Roads-Stormwater Program.

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

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

26.  Approve Expenditure Approval Lists dated February 25 and March 4, 2019; Payroll Approval List dated February 21, 2019; and the BCC Official Minutes dated February 12, 2019.   (2019-1262)  

 

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

 

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

1.      Special Review of Job Growth Incentive Program Report #021119, Agreement with Seminole Masonry, LLC, from Bill Carroll, Inspector General, to the Board of County Commissioners.

 

2.      Escheatment Tax Deeds for parcels 20-19-30-501-0000-0550 and 35-19-30-513-2200-0180.

 

3.      Tourist Tax Funding Agreement with Foundation for Seminole State College of Florida, Inc., for the Seminole State Invitational.

4.      Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc., for March 60s.

 

5.      Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC, for the Seminole Select WFC National Qualifier. 

 

6.      Tourist Tax Funding Agreement with Florida Collegiate Summer League, Inc., for High School Invitationals and Spring Training.

7.      Tourist Tax Funding Agreement with Nations Baseball, LLC d/b/a Greater USSSA Baseball for Greater USSSA March Tournaments.

 

8.      Tourist Tax Funding Agreement with Leadoff Holdings, LLC d/b/a Prep Baseball Report – Florida for Canadian Spring Training.

 

9.      Tourist Tax Funding Agreement with Perfect Game Youth Florida, Inc., for the Florida Elite Invitational.

 

10.     Tourist Tax Funding Agreement with Hoganlax.com, LLC, for Team Training.

 

11.     Assistant Tennis Pro Agreement with Kevin Chase.

 

12.     Parks Contracts for Services (5) with Roderic Brian Edmondson, Nicholas Gordon, Alvia Andre Bell, Katherine Hart, and Clifford Franke.

 

13.     Infrastructure in Right-of-Way Maintenance Agreement with Riverbend at Cameron Heights Homeowners’ Association, Inc. 

 

14.     Bill of Sale accepting water and sewer systems for the project known as International Parkway Medical Center; JPM AA Housing, LLC.

 

15.     Bill of Sale accepting the water and sewer systems for the project known as Brighton Estates; Sun-Tec Builders, Inc.

 

16.     Bill of Sale accepting the water and sewer systems for the project known as Orange Creek; M/I Homes of Orlando, LLC.

 

17.     Conditional Utility Agreement for water, wastewater, or reclaimed water services with M/I Homes of Orlando, LLC, for the project known as Estuary at St. Johns.

 

18.     Conditional Utility Agreement for water, wastewater, or reclaimed water services with Alliance Realty Partners, LLC, for the project known as Broadstone Parkway Apartments.

 

19.     CDBG Rapid Re-housing Case Management Services Agreement with Community Initiatives, Inc. (as approved by the BCC on July 24, 2018, under Agenda Item 2018-0832, 2018-2019 One-Year Action Plan).

 

20.     CDBG Subrecipient Agreement for Program Year 2018-2019 with Seminole County Victims’ Rights Coalition, Inc. d/b/a Safehouse of Seminole (as approved by the BCC on July 24, 2018, under Agenda Item 2018-0832, 2018-2019 One-Year Action Plan).

 

21.     Community Services Funding Agreement with Homelessness Services Network of Central Florida, Inc. (as approved by the BCC on December 11, 2018).

 

22.     Tesoro Townhomes PD Developer’s Commitment Agreement #18-20500053; SAB USA International, Inc.

 

23.     Development Order #19-27500004 for Alcoholic Beverage License, Teran Hookah Lounge; Faran Nasseri.

 

24.     Denial Development Orders #18-32000010, Tiff’s Place Realty, LLC, 801 International Parkway, Suite 500; and #18-30000111, Henry and Marie Osaghae, 5709 Oak Lake Trail.

 

25.     Approval Development Orders #18-30000103, Willie Long, 2361 Dolarway Street; #18-30000104, Tara and Bruce Haefener, 6208 Hedgesparrows Lane; #18-30000106, Peter Holmbeck, 302 Magnolia Street; #18-30000107, Douglas & Gay Fleming, 220 Waverly Drive; #18-30000108, Jill Angulo, 2008 Nancy Drive; #18-30000109, Timothy and Francesca Smith, 295 Quail Court; #18-32000008, Church Tuskawilla United Methodist, Inc., Arbor School of Central Florida; and #18-32000009, MSKP Springs Plaza LLC c/o Kitson & Partners, Mykonos.

 

26.     Work Order #39 to PS-0009-15 with Pegasus Engineering, Inc.

 

27.     Change Order #1 to Work Order #24 to CC-0559-15 with Southland Construction, Inc.

 

28.     Closeout to Work Order #12 to RFP-1294-17 with M&J Enterprises International.

 

29.     Work Order #10 to PS-1320-17 with Southeastern Surveying and Mapping Corp.

 

30.     Change Order #5 to CC-1439-17 with West Construction, Inc.

 

31.     Work Order #6 to PS-1522-18 with Ardaman & Associates, Inc.

 

32.     Work Order #3 to PS-1709-18 with Geosyntec Consultants, Inc.

 

33.     Work Order #7 to PS-1822-18 with Carollo Engineers, Inc.

34.     Work Order #9 to PS-1822-18 with AECOM Technical Services, Inc.

 

35.     Work Order #8 to PS-1832-18 with CDM Smith, Inc.

 

36.     Change Order #3 to CC-1934-18 with Blackstreet Enterprises, LLC.

 

37.     Change Order #1 to CC-2034-18 with Blackstreet Enterprises, LLC.

 

38.     CC-2042-18 Construction Services Agreement with Glen Holt Aluminum, LLC.

 

39.     Eleventh Amendment to IFB-601852-13 with Clarke Mosquito Control Products, Inc.

 

40.     Second Amendment to RFP-601999-14 with Johns Eastern Company, Inc.

 

41.     Third Amendment to IFB-602182-15 with Rainbow Distributors USA, Inc.

 

42.     IFB-603338-18 Term Contract with Bound Tree Medical, LLC.

 

43.     RFP-603383-19 Agreement for Compensation and Benefits Study with The Segal Company (Eastern States) Inc., d/b/a Segal Waters Consulting.

 

44.     Amendment #6 to Work Order #3 to PS-8005-12 with CDM Smith, Inc.

 

45.     Work Order #6 to PS-9462-14 with Ayres Associates, Inc.

 

46.     Amendment #2 to Work Order #5 to PS-9464-14 with GAI Consultants, Inc.

 

47.     Work Order #12 to RFP-9601-14 with Revere Controls Systems, Inc.

 

48.     Amendment #3 to Work Order #22 to PS-9738-14 with Environmental Consulting & Technology, Inc.

 

49.     Amendment #2 to Work Order #28 to PS-9738-14 with E Sciences, Inc.

 

50.     Bids as follows:

 

CC-2154-18 from Leisure Construction, Inc.; Garney Companies, Inc.; SanPik, Inc.;

 

PS-2266-19 from CDM Smith, Inc.; HDR Engineering, Inc.; Kimley-Horn and Associates, Inc.; WSP USA, Inc.; The Corradino Group, Inc.; Alfred Benesch & Company;

 

IFB-603385-19 from Broadcast Microwave Services, Inc.; PCN Strategies, Inc.; GTS Technology Solutions, Inc.;

 

BID-603405-19 from PSI Technologies, Inc.; E&D Contracting Services, Inc.;

 

CC-2228-18 from DW Zinser Company; Samsula Waste, Inc. d/b/a Samsula Demolition; Kimmins Contracting Corp.; Prime Construction Group, Inc.; Champion Services of Florida, LLC; Pac Comm, Inc.;

 

RFQ-603240-18 from Tri-State Guyz Grill; and

 

RFP-603403-19 from Arthur J. Gallagher Risk Management Services, Inc.

 

REGULAR AGENDA

Agenda Item #27 – 2019-1196

Patt Hughes, Planning and Development, addressed the Board to present the request to consider a reduction of the Code Enforcement Board lien of $70,000 for Case #13-01-CEB, on property owned by Mark Stopher located at 111 East Lauren Court, Fern Park, based on a proven and documented financial hardship. 

Ms. Hughes detailed the timeline noting the code enforcement officer first observed a violation of uncultivated vegetation in excess of 24 inches within 75 feet of a structure on August 6, 2012.  On January 24, 2013, the Code Enforcement Board issued a Findings of Fact, Conclusions of Law and Order on a property presently in compliance with a fine of $250 per day if the violation was repeated.  On May 8, 2013, an Affidavit of Repeat Violation was filed by the code enforcement officer.  On July 25th, an order was issued by the Code Enforcement Board imposing a fine in the amount of $20,000 with the fine continuing to accrue $250 per day.  An Affidavit of Compliance on a repeat violation was filed by the code enforcement officer after reinspection on December 3, 2014.  On December 5, 2013, an order was issued imposing a lien in the amount of $52,500.  An Affidavit of Repeat Violation was filed by the code enforcement officer after reinspection on July 10, 2014.  On August 28, 2014, the Code Enforcement Board imposed a fine in the amount of $17,500 with the fine increased to $400 per day.  The lien currently totals $70,000. 

Ms. Hughes stated she reviewed the Clerk's administrative costs and discovered an error in one of the cells on her spreadsheet.  The corrected administrative costs are $1,080.06, a difference of an additional $122.41 from the $957.65 that was outlined in the Agenda Memorandum.

Commissioner Lockhart commented that she previously spoke with staff about this.  She noted that it is important that the basis of the request for the reduction is because of the financial hardship, not because of the issues that were happening in the Applicant's life at the time. 

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

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve a reduction to the Code Enforcement Board lien of $70,000 for Case #13-01-CEB to the total Administrative Costs of $1,080.06 due to a proven financial hardship on the property located at 111 East Lauren Court, Fern Park, Tax Parcel No. 18-21-30-5DX-0000-0060, owned by Mark Stopher; require this reduced amount to be paid within thirty (30) days or the lien will revert to the original amount of $70,000.00; and authorize the Chairman to execute the Release of Lien upon payment in full.

A discussion ensued regarding overhauling the Code Enforcement process, and Ms. Guillet suggested scheduling a workshop.

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

 

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Chairman Carey recessed the meeting at 10:27 a.m., reconvening at 10:39 a.m.

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Agenda Item #28 – 2019-1253

 

Ray Hooper addressed the Board and stated RFP-2324-19 provides for master planning of the County's Five Points development.  Under the RFP, any components, terms, conditions, and/or phases can be negotiated for a final agreement per direction of the Board.  In response to solicitation, the County received proposals from AECOM Technical Resources, Inc., and CGL Companies, LLC.  The Evaluation Committee evaluated the submittals and shortlisted both firms for today's presentation.  Comments from the evaluation team are contained in the Agenda Memorandum, and copies of the proposals submitted by both firms were provided to the Board members via a Memo on March 4, 2019.  Staff is requesting the Board hear presentations, discuss, and rank each firm. 

Mr. Hooper explained each presentation is scheduled to be up to 20 minutes followed by questions from the Board.  Mr. Hooper stated he would provide each Commissioner with a ranking sheet to rank the top-ranked firm upon conclusion of the presentations and questions. 

Matt Clear, HKS Architects, Managing Principal, introduced the AECOM team consisting of himself; Beth Bernitt, AECOM, Executive Manager; Kristine Johnson, AECOM, Courts Planning Expert; Nathan Butler, HKS, Workplace Strategy Project Manager; and Tom Kohler, GAI, Business and Real Estate Advisor.  Mr. Clear distributed a presentation place mat (received and filed) and displayed a PowerPoint presentation (received and filed).  Each member of the AECOM team addressed the Board and detailed their experience and scope for developing the Master Plan.  A question-and-answer period between the Board and the AECOM team followed the presentation.

Chairman Carey recessed the meeting at 11:27 a.m., reconvening at 11:34 a.m. 

Eli Gage, CGL, Chief Executive Officer, introduced the CGL Dewberry team consisting of himself; Chloe Jaco, CGL, Director of Planning; Rick Macia, CGL, Senior Vice President and Project Architect; Jim Beight, Dewberry, Director of Justice Architecture; and Rey Malave, Dewberry, Associate Vice President and Civil Engineer.  A PowerPoint presentation was displayed (received and filed).  Each member of the CGL Dewberry team addressed the Board and detailed their experience and scope for developing the Master Plan.  A question-and-answer period between the Board and the CGL Dewberry team followed the presentation.

A discussion ensued regarding the presentations and the Five Points Master Plan. 

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

Commissioner Dallari questioned Mr. Hooper what happens if the courthouse is separated from the Master Plan.  Mr. Hooper responded the RFP can be awarded by phases or however the Board directs.  Ms. Guillet commented the Board could give direction today to pull the courthouse out.  Chairman Carey responded that direction given at the retreat was to pull out the courthouse, the Building 100 modifications, and to look at the EOC on how much it would take to put the EOC into the new building or how much to get it where it needs to go and leave it where it is, which the rest of the Board agreed that was the direction given.

Mr. Hooper distributed the voting sheets (received and filed) to the Commissioners and they were then collected.  Mr. Hooper announced Chairman Carey, Commissioner Zembower, and Commissioner Dallari voted for CGL Companies, LLC; and Commissioner Lockhart and Commissioner Constantine voted for AECOM.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve ranking of the two (2) qualified consultant proposals under RFP-2324-19/RTB, Seminole County Five Points Master Plan Development; and authorize the Purchasing and Contracts Division to execute an Agreement with the top-ranked firm, CGL Companies, LLC.

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

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Chairman Carey announced the Major Revenue Fund Update morning work session would be rescheduled.

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Chairman Carey recessed the meeting at 12:43 p.m., reconvening at 1:32 p.m. with all Commissioners and all other Officials, with the exception of Clerk Grant Maloy who was replaced by Chief Deputy Clerk Brent Holladay, and Deputy Clerk Chariti Colón who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

COUNTY INVESTMENT ADVISOR REPORT

     Scott McIntyre, Hilltop Securities Asset Management (formerly known as First Southwest Asset Management), addressed the Board to present his Investment Advisor’s Report for March 26, 2019, (copy received and filed).  He stated the economy is slowing; they feared that it might and it is.  The first quarter looks like it may be less than 1% once it comes out.  All the data is delayed so they really don’t have a very good picture yet.  The Commerce Department was closed for 35 days so that has a tendency to warp things.  Yields are lower as a result of the economy suddenly looking like it is worse than it is and the experts are really disagreeing on where they should go from here, and that is the key.  He opined it feels almost political, like it is polarized.  There are people that feel like they are heading into a recession within nine months, and there are people who feel like the Fed is going to start to raise rates again by the end of the year. 

     The Essential Point slide was displayed.  Mr. McIntyre stated on the Bloomberg Yield Forecasts, there are 60 economists who are pooled every single month, and they on the whole expect there will be a rate increase now, not in June but in September, which he said is kind of surprising.  They also expect that their two-year and ten-year yields are going to move up gradually, quarter to quarter.

     In regard to Events Driving the Market, Mr. McIntyre advised the Fed had a meeting last week and they pretty much threw in the towel.  They don’t believe on the whole that they are going to have a rate increase at all this year.  There were 17 members; 11 of them said no increases or one increase this year, and two of them still say two increases.  So it is not a complete agreement, but the Fed really threw in the towel.  And when they threw in the towel, that pushed market yields down even further.  He then reviewed the remainder of the slide including the Brexit Deadline, Budget Talks and Economic Data.

     Mr. McIntyre displayed the Purchasing Managers (ISM) Surveys and Employment slides.  He stated the unemployment rate is very near a 50-year low.  So if you are in that camp that says things are really bad, he has trouble reconciling that because service sector managers are saying basically this is the best period of new orders they have seen in history and the outlook is as bright as it has potentially been in 30 years. 

     The Inflation slide was shown.  Mr. McIntyre reported inflation is moving downward and a lot of it has to do with energy prices.  It could be that they move back up because he knows crude oil just moved up above $60 a barrel yesterday.  Retail Sales was reviewed.  He noted year-over-year retail sales is moving down pretty rapidly.  They had a terrible January and February, but did not hear about it until later because the Commerce Department was closed and all the data is really stale.  What happened is consumers don’t know what to think, and when they don’t know what to think, they don’t spend money.  It is the same way with businesses.  The reason the economy is slowing down is that businesses are uncertain.  They still have the tax advantage, they still have other advantages, they are just uncertain.  So the camp that says things are going to spring back up in the second quarter, they are saying there is a lot of pent-up demand, and there may be. 

Conclusions

Mr. McIntyre stated the conclusion is the Fed is probably done for the year; nobody can raise rates but the Fed.  Most economists seem to disagree with the idea that they are done for the year.  The markets expect the next move is going to be a cut and that is why yields are so low.  The idea of a rate cut to him, at this point, doesn’t make any sense at all.  None of the 17 Fed members looking out into 2020 and 2021 expect a rate cut.  The yield curve is already inverted and what that means is that the three-month Treasury Bill yield was actually below the 10-year Treasury Note yield.  Historically that has been a signal that a recession is somewhere on the horizon, so a recession is probably somewhere on the horizon; it is just a question of where it is.  The conclusion is that they need to protect existing yields.  They are not going to be reaching for a yield but they need to protect some of it.  That means taking a little bit out of cash and putting it out on the curve.  And they will probably continue that process as they move forward from meeting to meeting. 

Recommendations

Mr. McIntyre noted the Clerk’s Office has sent him some rates, the most recent being this morning.  The Treasury yields are moving downward, but he showed the yields on some of the other options, the FEITF (Florida Education Investment Trust Fund) investment that is maturing on March 28, should not be reinvested, but he said now he feels like it needs to be reinvested.  So that would be reinvested at 2.57% going out nine months.  They have a couple of big unusual expenses in April, a debt service payment of $10 million and a Sheriff’s draw of $10.5 million.  He thought that could be funded with that maturity, but now he feels that can be funded purely with the Bank United QPD, and the yield on that is 2.50%. 

In regard to further recommendations, and he feels like this needs to change too, but he had recommended that some of the money be taken out of variable rate, things that could change at any time, and locking it up.  He likes November 15, 2019, but the yield out there was closer to 2.50% and now it is closer to 2.40%.  It took all of about three days for that to happen.  The other Florida Investment Trust is at 2.55%.  So to him right now, they are looking at an extra 12 to 15 basis points on their $15 million investment, which means about $22,000 more per year and every bit helps.  So for the changes on that recommended investment, that would then shift to the FEITF.  He knows this is the first time they have done anything on the fly, but he feels it would be disingenuous to plow forward with something that changed over the course of the last three days.  He does not think that it is a radical change; they are just going to shift from the Treasury Note recommendation to a Trust (FEITF) locked in, and would reinvest what was maturing. 

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

Motion by Commissioner Constantine, seconded by Commissioner Zembower, 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.

PROOFS OF PUBLICATION

     Motion by Commissioner Zembower, seconded by Commissioner Dallari, 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

6680 SOUTH SYLVAN LAKE DRIVE

BOAT DOCK/Sheila Cichra, Applicant

 

Agenda Item #29 – 2019-1216

 

Proof of publication calling for a public hearing to consider approval of a 1,468-square-foot dock on property located on the north side of South Sylvan Lake Drive, approximately one (1) mile west of Orange Boulevard, and more particularly  known as 6680 South Sylvan Lake Drive, Sheila Cichra, Applicant, received and filed.

Mary Robinson, Planning & Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  She advised staff recommends approval of the request.

It was determined that the applicant was in attendance to answer any questions.

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

Motion by Chairman Carey, seconded by Commissioner Dallari, to approve the request for a 1,468-square-foot dock on property located on the north side of South Sylvan Lake Drive, approximately one (1) mile west of Orange Boulevard, and more particularly known as 6680 South Sylvan Lake Drive, Sheila Cichra, Applicant, as described in the proof of publication; Development Order.

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

SYLVAN LAKE AQUATIC WEED CONTROL MSBU

 

Agenda Item #30 – 2019-1274

Proof of publication calling for a public hearing to consider adoption of an Ordinance to create Sylvan Lake Aquatic Weed Control Municipal Services Benefit Unit (MSBU) thereby establishing a non-ad valorem assessment district for funding aquatic weed control public services on behalf of Sylvan Lake; adopt the associated preliminary capital assessment roll and initial variable assessment roll; and approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #19-040 through the MSBU Program Fund to appropriate budget of $121,000 from Reserves for MSBU Sylvan Lake Aquatic Weed Control; and confirm General Fund financial support and County resources as needed for managing authorized services, received and filed.

Joe Saucer, MSBU Program Project Manager, addressed the Board to present the request as outlined in the agenda memorandum.  He advised the request for establishing the MSBU was initiated by community application and there was a 76% response in favor of creating the MSBU.  He noted creation of the MSBU includes approval of essential public services that will be conducted in two phases.  Mr. Saucer detailed the phases and the associated funding. 

Kathy Moore, MSBU Program Manager, explained for Commissioner Lockhart what the administrative fee is and how they arrived at that number.  Commissioner Lockhart then asked whether the Board has established guidelines for MSBUs to determine assessing those.  Ms. Moore responded the Board has not established specific policy regarding the assignment of the administrative fees or review of those fees, but the fees are included in annual budgets that are reviewed by the Board.  Commissioner Lockhart expressed then unless they have last year’s budget to compare with this year’s budget to look at that specific administrative fee line item, they would not know that there had been a change in the administrative fee, and Ms. Moore agreed.  Commissioner Lockhart stated that is something she thinks they need to look at in the future.  She added they have seen with MSBUs over time that the administrative fees tend to fluctuate, and the Board has not really given staff clear direction on how those should be determined.  So staff is doing the best they can to come up with something they think is reasonable, but they are really just kind of “throwing a dart at a dart board.”  Chairman Carey stated it is certainly something they can take up and formulate to bring back for discussion during the budget process, and if they need to adopt a resolution, they can.

Commissioner Dallari asked about the window of opportunity to administer the herbicide treatments on the lake.  Kim Ornberg, Watershed Management Division Manager, addressed the Board to advise the window is until the temperature gets warmer and the rains start.  She explained that is why they have been working to fast track this. 

Chairman Carey indicated the County has a big presence on this lake and questioned what their percentage of the overall cost to this program was, and Ms. Ornberg replied for Sylvan Lake Park, it is 16%. 

With regard to public participation, the following audience members spoke in support:  Tyler O’Donnell, 602 Grand Cypress Point; Jeff Hood, 655 Caledonia Place (photos received and filed); and the following spoke in opposition:  Kerry Shane, 248 Maureen Drive; Patricia Bibby, 256 Maureen Drive; Wendy Comerford, 7275 Sylvan Court.  Written comments were received from Carl Michael, 6788 Woods Drive; Neil McGhee, 6813 Woods Drive.  Public Comment Forms were received and filed. 

Chairman Carey asked in regard to other MSBUs whether they always assess the canals the same as they do lakefront properties.  Ms. Moore explained the way they identify the assessment boundary, and said in this case, the canals were included in the identified service zone.  Commissioner Zembower confirmed that those that live on the canal are being assessed the same as those on waterfront property.  Chairman Carey gave a brief history of the developments and lake access in that area.

Commissioner Dallari stated if you live on a canal and there are enough water fluctuations up and down in that canal, you are not having true water benefit.  He would like to know if they can have a different category for charging people that live on the lake as opposed to the canal.  He noted as they heard from residents today, there are times during the year that the canal can be totally dry and they are not getting the full benefit of the lake.  Chairman Carey responded that the Property Appraiser assesses all of them as waterfront even if they are on a canal.  She noted there are three canals and the swings are huge in them. 

County Attorney Bryant Applegate advised MSBUs are voluntary assessments based on the percentage of approval by the homeowners, but staff would have the discretion to use a different formula if there is a determination that a particular parcel is unique compared to others.  He cautioned that it would open a lot of doors that they may not want to open.  Chairman Carey opined this is a unique scenario that that particular area to the west of the one canal should be looked at because many times they don’t have lakefront property; they don’t even have a canal.  She reiterated that she has seen docks underwater and docks standing with no water and it is really kind of amazing.  She thinks for that particular area, staff needs to go back and look at the evaluation.  Ms. Moore stated they could bring back a different matrix, but they need to be mindful of the hydrilla treatment window and that it could potentially increase the cost of providing the service if it is later in the summer.  She then explained the assessments for the two phases.  A lengthy discussion ensued regarding the assessments and funding. 

     James Shoukas, 6980 Sylvan Lake Drive, addressed the Board to advise he was the original applicant of the MSBU for Sylvan Lake.  He spoke about the Board’s discussion regarding assessments, and then public input was closed.

Chairman Carey stated she believes the MSBU is the right thing to do for the lake and for the residents.  In every MSBU they have in this county, there probably may be some financial hardship, especially for seniors living on a fixed income.  An article she read recently said they are about to have more seniors in their population than ever in the history of the country and that will be a growing issue.  So maybe what they should do is just pass this as it is and then talk about a financial hardship application process just like they have for code enforcement or other issues.  If somebody really has a financial hardship to participate, they can come and petition the Board for some type of relief.  She suggested that before the tax roll gets levied, they can have a conversation about whether they want to consider an ordinance for financial hardships on MSBUs. 

Districts 1, 4 and 5 submitted ex parte communications.

Motion by Chairman Carey, seconded by Commissioner Zembower, to adopt Ordinance #2019-16 creating the Sylvan Lake Aquatic Weed Control MSBU, thereby establishing a non-ad valorem assessment district for funding aquatic weed control public services on behalf of Sylvan Lake; adopt the associated preliminary capital assessment roll and initial variable assessment roll; and approve and authorize the Chairman to execute appropriate Resolution #2019-R-54 implementing Budget Amendment Request (BAR) #19-040 through the MSBU Program Fund to appropriate budget of $121,000 from Reserves for MSBU Sylvan Lake Aquatic Weed Control; and confirm General Fund financial support and County resources as needed for managing authorized services.

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

LEGISLATIVE UPDATE

     Meloney Lung, Assistant County Manager, presented the legislative update.

DISTRICT REPORTS

District 2

     Commissioner Zembower discussed his schedule moving forward and listed several events he attended.  He then expressed he would like to recognize Peggy Grundy.  She will be 100 years old in two months and continues to volunteer and serve meals for Meals on Wheels as a Seminole County resident. 

District 1

     Commissioner Dallari thanked staff for their hard work and dedication with regard to the retreats that were held. 

District 3

     Commissioner Constantine shared that he attended Peggy Grundy’s 100th birthday party and requested that a resolution of commendation be prepared and brought back to the Board.  No objections were voiced.

     Commissioner Constantine advised Jim Harrison will serve as the interim director of LYNX, and hopefully they have seen some positive changes in the last couple of weeks.  And by the end of next month, they should announce a long-term interim executive.

District 4

     Commissioner Lockhart announced the Central Branch Library won the Florida Betty Davis Miller award for outstanding youth services for children 12 and under.  Ms. Guillet advised they will come and give a presentation in May.

     Commissioner Lockhart gave a “shout out” to the Seminole County firefighters who participate every year in the St. Baldrick’s Foundation which raises money for childhood cancer.  They won the event raising the most money for the second year in a row.  She also gave a “shout out” to several employees in the Traffic Engineering Division who helped a citizen.  Chairman Carey expressed they should maybe consider reinstituting the “Pat on the Back” program.

     Commissioner Lockhart thanked Melvin Barnes and Charrell Reese from the GIS Division who spent time going through a County Dashboard that was created several years ago that she thinks may be the key to some of the conversation they had at the retreat.  Ms. Guillet advised they had done a presentation on that before and said they should probably bring that back again. 

District 5

     Chairman Carey reported Magnolia Plantation off Markham Woods Road was built to be a golf course community, and the current owner has been letting that grow up.  She reminded the Board had reduced the vegetation height to eight inches in order to cause these golf courses not to be able to grow up in these neighborhoods.  She wants to talk about what they can do to force the issue on these where it is impacting an entire community and not let this drag on for years and end up in court, because that is the only solution that the residents have.  It is in their deed that it has to remain as an operating golf course.  She wants to figure out a way to escalate the process. 

     Chairman Carey discussed future events she will be attending.

CHAIRMAN’S REPORT

     Chairman Carey indicated she received a letter from CareerSource Central Florida asking them to ratify the reappointment of Richard Sweat as the private sector representative for Seminole County for a three-year term ending June 30, 2022.

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to ratify the reappointment of Richard Sweat to CareerSource Central Florida for a three-year term running consecutive with his current term and ending June 30, 2022.

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

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Chairman Carey distributed the resume of Ed Furey (received and filed).  She said she had asked the Commissioners if they had people that they wanted to recommend for the Orlando Sports Commission.  She mostly knows Mr. Furey through his role as the former president of Dr. Phillips Foundation and he is expressing interest in serving. 

Commissioner Lockhart clarified this is a recommendation from this Board to the Sports Commission for another member, but that board does not have to accept this person or any person for that matter.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to submit the application of Ed F. Furey, III, CPA to the Orlando Sports Commission for consideration.

Districts 2, 4, and 5 voted AYE.

Districts 1 and 3 voted NAY.

Motion passes 3 to 2.

COMMUNICATIONS AND/OR REPORTS

RECEIVED FROM CHAIRMAN’S OFFICE

     The following Communications and/or Reports were received from Chairman Carey’s Office and filed:

1.      COPY of a letter dated February 27, 2019 from Chairman Carey to Tim Giuliani, President of Orlando Economic Partnership, RE: Commissioner Amy Lockhart appointment to serve on the Alliance for Regional Transportation.  C:  BCC; County Commission Records.

 

2.      COPY of a letter dated February 27, 2019 from Chairman Carey to Sean Barth RE: his appointment to the Value Adjustment Board.  C:  BCC; County Commission Records.

 

3.      COPY of a letter dated March 7, 2019 from Dominic Persampiere, Mayor, City of Oviedo, to Chairman Carey RE: including the City of Oviedo in Seminole County’s Urban Bear Management Ordinance.

 

4.      PHOTO COPIES of 29 postcards received in Chairman Carey’s office requesting the placement of a Native Plant Ordinance on April agenda.

 

5.      PHOTO COPIES of 37 postcards received in Chairman Carey’s office requesting the placement of a land buying program referendum on the 2020 ballot.

 

COUNTY MANAGER’S REPORT

     County Manager Nicole Guillet noted she sent a memorandum to the Commission Offices regarding the appointment of an Environmental Services Director, Terry McCue, who was with the county about three years ago.  She has offered him the position and the appointment requires Board confirmation.

     Motion by Commissioner Dallari, seconded by Commissioner Constantine, to confirm the County Manager’s appointment of Dr. Terrence M. McCue as the Director of the Environmental Services Department.

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

ITEMS FOR FUTURE AGENDA

     Charlie Coleman II, 2095 Sussex Road, addressed the Board to discuss his opposition to illegal immigrants being given the privilege of obtaining driver’s licenses. 

     Commissioner Dallari requested the Board receive an update on this issue at the next meeting.  In addition he asked that contact information for the appropriate legislators be given to Mr. Coleman.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:30 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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