BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
April 9, 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, April 9,
2019, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
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 Clerks Kyla Farrell and Chariti
Colon
Absent:
Chairman
Brenda Carey (District 5)
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 QuantumFlo,
Inc. was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-1297
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt
a Proclamation recognizing Chief Petty Officer William Maxwell “Bill” Foster as
the April 2019 Veteran of the Month.
Districts 1, 2, 3, and 4 voted AYE.
Chief Petty Officer William Maxwell “Bill”
Foster addressed the Board to express his appreciation.
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Agenda Item #2 – 2019-1298
Motion by Commissioner Constantine, seconded by Commissioner Lockhart,
to adopt a Proclamation declaring the month of April 2019 as Water Conservation
Month in Seminole County.
Districts 1, 2, 3, and 4 voted AYE.
Debbie Meinert, Water Conservation Coordinator, addressed the
Board and discussed water saving initiatives.
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Agenda Item #3 – 2019-1299
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to
adopt a Proclamation proclaiming April 1, 2019, as Census Awareness Day in
Seminole County.
Districts 1, 2, 3, and 4 voted AYE.
Channa Loyd, Partnership Specialist of the
U.S. Census, addressed the Board to discuss the Census and thank them for the
Proclamation. Nicole Guillet, County
Manager, noted staff is in the process of putting together the Complete Count
Committee and is working with the Cities to make sure they get an accurate
count.
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Agenda Item #4 – 2019-1300
Grant Maloy, Clerk of Court & Comptroller, advised for over
30 years, the Clerk & Comptroller’s Office has received awards for the
financial reporting the Comptroller’s Office does. He discussed the Comprehensive Annual
Financial Report (CAFR) and the Citizens Financial Report.
Dan O’Keefe, Moore Stephens Lovelace,
addressed the Board and presented the 2018 Annual Audit Presentation (copy
received and filed). Vice Chairman
Zembower thanked the Clerk’s Office for compiling the Citizens Financial Report
because the CAFR is very difficult for the average citizen to understand. Clerk Maloy stated both documents will be
available on the Clerk’s website.
Mr. O’Keefe advised one thing they were
able to do this year is an IT review of every single operation in the County in
the same year, and they’ve never been able to do that.
COUNTY
MANAGER’S CONSENT AGENDA
With
regard to public participation, no one in the audience spoke in support or in
opposition to the Consent Agenda and public input was closed.
Vice
Chairman Zembower announced they have three agenda deletions including Item
#10, Purchase and Exchange Agreement with Dianne Rey and Sulma Vasquez; Item #18,
Resolution confirming the Non-Ad Valorem Variable Rate Assessments for tax year
2019; and Item #22, Sole Source Procurement SS-603444-19/BJC.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, to authorize and approve the following:
County
Manager’s Office
Office of
Emergency Management
5. Approve and authorize the Chairman to execute appropriate
Resolution #2019-R-55 creating Section 14.15 of the Seminole County
Administrative Code
providing
authority to the County Attorney to file an order to show cause for
continuous violations of the Seminole County Animal Control Ordinance. (2019-1276)
Community Services
Business Office
6. Approve and authorize the Chairman to execute
the third renewal of the Seminole County Housing Inspection Services Agreement with
Seminole County Housing Authority to provide Housing Quality Standard (HQS),
Uniformed Property Condition Surveys (UPCS), and Habitability Standard
Inspections services on a fixed-fee basis.
(2019-1301)
Development Services
Planning and Development
7. Authorize
release of Performance Bond #SNN4009325 for Roads and Sewer Systems in the amount of
$1,399,567.52 for Enclave at Hawk’s Crest; Meritage Homes of Florida, Inc. (2019-1283)
8. Authorize
release of Performance Bond #SNN4009327 for Roads and Sewer Systems in the
amount of $3,768,263.50 for Preserve at Hawk’s Crest; Meritage Homes of
Florida, Inc. (2019-1284)
Leisure Services
Greenways and Natural Lands
9. Approve and authorize the Chairman to execute
a Seminole County Natural Lands Resident Caretaker Lease Agreement with Todd A.
Moderson for the Geneva Wilderness Area Residence. (2019-1251)
Public Works
Engineering
10. Pulled
from the agenda the request to approve and authorize the Chairman to
execute a Purchase and Exchange Agreement between Dianne Rey and Sulma Vasquez
and Seminole County related to Parcel #104 for the early acquisition of
property needed for the Dean Road Widening Project, located at 5880 Dean Road,
Oviedo, 32765, Tax ID #31-21-31-504-0000-0210, for $241,555 and the County Deed
from Seminole County to Dianne Rey and Sulma Vasquez for the conveyance of the
Parcel #105 remainder property for this same project, as full settlement of all
claim for compensation, damages, costs, and fees for which Seminole County
might be obligated to pay relating to Parcel #104. (2019-1246)
11. Adopt appropriate Resolution #2019-R-56 and
authorize the Chairman to accept a Quitclaim Deed donated by William L. Colbert
and Sharon K. Colbert to Seminole County related to the continued maintenance
of a portion of Pine Way, just east of South Brisson Avenue. (2019-1287)
12. Approve and authorize the Chairman to execute
a Purchase Agreement in the amount of $1,500 between property owners Edgard
Jacques and Jing Zhao and Seminole County for a sidewalk easement necessary for
the construction and maintenance of a sidewalk along a portion of Harris Street
at Pine Street. (2019-1293)
13. Adopt appropriate Resolution #2019-R-57 and authorize the Chairman to execute a Local
Agency Program (LAP) Agreement with the State of Florida Department of
Transportation (FDOT) in the amount of $625,484 for the Construction and CEI
Services of intersection improvements on CR 419 at Lockwood Boulevard. (2019-1295)
Traffic Engineering
14. Approve and authorize the Chairman to execute
a Traffic Enforcement Agreement between Seminole County, Seminole County
Sheriff's Office, and Carisbrooke Community Association, Inc. to enforce
regulatory signs within the Carisbrooke Community subdivision. (2018-1279)
Resource Management
Budget
15. Approve and authorize the Chairman to execute a Certificate of
Equipment for Casting and Counting Ballots and a Certificate of County Match in
the amount of $6,243.73 to Federal Grant Trust Funds in the amount of $41,625
under the Help America Vote Act. (2019-1302)
16. Approve and authorize the Chairman to execute appropriate
Resolution #2019-R-58 implementing Budget Amendment Request (BAR) #19-043 from
the General Fund Reserves in the amount of $248,230 for the purchase of Mobile
Computing Devices (MCD's) for the Computer Aided Dispatch (CAD) project. (2019-1289)
17. Approve and authorize the Chairman to execute appropriate
Resolution #2019-R-59 implementing Budget Amendment Request (BAR) #19-045
through the General Fund to recognize additional interest revenue in the amount
of $38,245 and increase the transfer to the Clerk to be used for custodial fees
for our treasuries. (2019-1303)
MSBU
18. Pulled
from the agenda the request to adopt
and authorize Chairman to execute a Resolution confirming the Non-Ad Valorem
Variable Rate Assessments for tax year 2019.
(2019-1304)
Purchasing & Contracts
19. Approve Amendment #2 to Work Order #31
(Osceola Road Landfill Borrow Pit Expansion) under PS-9738-14/JVP - General
Environmental Consultant Services Agreement with Vanesse Hangen Brustlin, Inc.
(VHB) of Orlando in the amount of $97,765.44; and authorize the Chairman to
execute appropriate Resolution #2019-R-60 implementing Budget Amendment Request
(BAR) #19-044 from Solid Waste Reserves in the amount of $97,766. (2019-1286)
20. Approve Change Order #6 to CC-1439-17/RTB -
Construction of Seminole County Fire Station #29, with West Construction, Inc.,
of Lantana, in the deductive amount of $142,000; and authorize the Purchasing
and Contracts Division to execute the Change Order. (2019-1271)
21. Approve Work Order #5 (Midway Basin
Engineering Study) under PS-1709-18/RTB - Master Services Agreement for
National Pollutant Discharge Elimination Services (NPDES), with CDM Smith, Inc.
of Maitland, in the amount of $260,291.34; and authorize the Purchasing and
Contracts Division to execute the Work Order.
(2019-1278)
22. Pulled
from the agenda the request to waive the Procurement Process and award the
Sole Source Procurement SS-603444-19/BJC for the purchase of goods and services
related to Hydraulic Hoses and Parts with Pirtek USA, Altamonte Springs; and
authorize the Purchasing and Contracts Division to issue Purchase Orders on an
as needed basis. (2019-1249)
Districts 1, 2,
3, and 4 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT
AGENDA
Clerk
& Comptroller’s Office
Motion by Commissioner
Dallari, seconded by Commissioner Constantine, to approve the following:
23. Approve Expenditure Approval
Lists dated March 11 and 18, 2019; Payroll Approval List dated March 7, 2019;
and the BCC Official Minutes dated February 26, 2019. (2019-1291)
Districts 1, 2, 3, and 4
voted AYE.
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The Board
noted, for information only, the following Clerk & Comptroller’s “Received
and Filed”:
1.
Recording
of Maintenance Bond #SUR0048095 Memo from the Secretary of Public Risk
Management of Florida Board of Directors submitting an Intergovernmental
Cooperative Agreement for the City of Lake Mary and the City of Longwood and an
Affidavit of Authenticity.
2.
Florida Public Service Commission
Notice of Proposed Agency Action Order #PSC-2019-0092-PAA-EQ approving Duke
Energy Florida, LLC’s petition to amend Sheet 9.458 of its standard offer
contract issued March 8, 2019; Docket #20180073-EQ.
3.
Tourist Tax Funding Agreement with
Florida PGF, LLC, for the 2019 Gold Cup.
4.
Natural Lands Contract for Services
with Mary Lynn Hess; Parks Contracts for Services with William Robillard, Jr.,
Larry W. Mack, and Stephen Phillip Deller; and Tennis Development Instructor
Agreement with Ethan Brewer.
5.
Pet Rescue Cooperative Service
Agreement with ADL Service Dogs, Inc.
6.
Conditional Utility Agreement for
Water, Wastewater, or Reclaimed Water Service with Tuscawilla Centre, LLC, for
the project known as Kidtown Shopping Center/Tuscawilla Centre.
7.
Bill of Sale accepting water system
for the project known as Lutheran Haven Landings; Lutheran Haven, Inc.
8.
Maintenance Bond #964219750 (Water
and Sewer Facilities) in the amount of $2,950.58 for the subdivision known as
Lutheran Haven Landings; Lutheran Haven, Inc.
9.
Replacement Maintenance Bond
#285057837 (Water and Sewer Facilities) in the amount of $2,445 for the
subdivision known as Park Lane Plaza; Park Lane Property, LLC. This bond replaces Maintenance Bond #S319784.
10.
Performance Bond #CMS334263 (Roads,
Drainage, Water, Sewer, Hardscape & Landscape) in the amount of
$663,544.42, Recording of Plats, and Title Opinion for the subdivision known as
Legacy Estates; Pulte Home Company.
11.
Performance Bond #SUR0021333 (Roads,
Streets, Drainage) in the amount of $70,636.84 for the subdivision known as
HCME Corp Office – MLK Property; Jon M. Hall Company, LLC.
12.
Right-of-Way Utilization Permit
Maintenance Bond #SU1153562 in the amount of $12,852.11 for the right-of-way
known as Whitetail Run (a/k/a Old Lockwood Fawn Run property); Taylor Morrison
of Florida, Inc.
13.
Private Road Maintenance Bond
#SU1153560 in the amount of $105,008.05 for the subdivision known as Whitetail
Run (a/k/a Old Lockwood Fawn Run property); Taylor Morrison of Florida,
Inc.
14.
Bill of Sale accepting water and
sewer systems for the project known as International Parkway Medical Center;
JPM AA Housing, LLC.
15.
Addendum #2 to the Old Lockwood Fawn
Run PD and Addendum #2 to the Old Lockwood Fawn Run PD Developer’s Commitment
Agreement (Development Order #19-20500008); Taylor Morrison of Florida, Inc.
16.
Board of Adjustment Approval
Development Orders #18-30000110, 3866 Regents Way, Larry and Nacha
Mesina-Mejia; #19-30000001, 1212 Forest Circle, Jonathan and Brooke Fisher;
#19-30000002, 1671 Markham Woods Road, Frank Altilio; #19-30000003, Lot 11
Jessamy Street, Rene Kortus; #19-30000004, 520 S. Cochran Road, Earl and
Dorothy Hardee; #19-30000005, 1218 Lois Avenue, Natalia Voronina; #19-30000006,
385 Hickory Drive, Edwin Elkes - Life Estate; #19-30000009, 301 Wild Olive
Lane, John and Charito Alley; #19-30000010, 1124 Valley Creek Run, Tracy
Comazzi; #19-30000011, 6158 Linneal Beach Drive, Deordre Borel and Dorothy Ney.
17.
Board of Adjustment Denial
Development Order #18-30000112, 555 W. Springtree Way, Daniel and Cynthia
Vaughn.
18.
Closeout to CC-1422-17 with Zabatt
Power Systems.
19.
Change Order #1 to CC-1988-18 with
Construction Partners, LLC.
20.
Change Order #1 to CC-2019-18 with
Glen Holt Aluminum, LLC.
21.
Change Order #2 to CC-2092-18 with
Glen Holt Aluminum, LLC.
22.
Closeout to CC-1831-18 with
Construction Partners, LLC.
23.
Second Amendment to IFB-602595-16
with Duval Landscape Maintenance, LLC.
24.
First Amendment to IFB-602768-17
with Dade Paper & Bag, LLC d/b/a Imperial Dade.
25.
IFB-603366-18 with Helena
Agri-Enterprises, LLC d/b/a Helena Chemical Company; Term Contract for
Fertilizer and Chemicals related to Sports Turf, Fields, and General Property.
26.
Work Order #3 to PS-0033-15 with
Bentley Architects & Engineers, Inc.
27.
Amendment #3 to Work Order #1 to
PS-0121-15 with Singhofen & Associates.
28.
Amendment #1 to Work Order #6 to
PS-1320-17 with Wood Environment & Infrastructure Solutions, Inc.
29.
Amendment #1 to Work Order #7 to
PS-1320-17 with Wood Environment & Infrastructure Solutions, Inc.
30.
Amendment #1 to Work Order #3 to
PS-1832-18 with CDM Smith, Inc.
31.
Work Order #9 to PS-1832-18 with CDM
Smith, Inc.
32.
Amendment #3 to Work Order #58 to
PS-8047-12 with Ardaman & Associates, Inc.
33.
Amendment #2 to Work Order #59 to
PS-8047-12 with Tierra, Inc.
34.
Amendment #1 to Work Order #31 to
PS-9738-14 with Vanesse Hangen Brustlin, Inc.
35.
Amendment #4 to Work Order #6 to
PS-9742-14 with CH2M Hill Engineers, Inc.
36.
Closeouts to Work Orders #4 and #8
to RFP-1294-17 with Blackstreet Enterprises.
37.
Amendment #6 to Work Order #1 to
RFP-9948-14 with CH2M Hill Engineers, Inc.
38.
RFQ-603240-18 with Tri-State Guyz
Grill; Mobile Concessions Services Agreement; as approved by the BCC on
December 11, 2018.
39.
RFQ-603385a-19 with PCN Strategies,
Inc.; Term Contract for Purchase of Fire Department Vehicle Computer-Aided
Dispatch Mobile Computing Devices.
40.
Bids as follows:
IFB-603357-18
from Dana Safety Supply, Inc.; and
RFQ-603385a-19
from GTS Technology Solutions, Inc.; PCN Strategies, Inc.; Broadcast Microwave
Services, Inc.
REGULAR
AGENDA
Agenda Item
#24 – 2019-1263
Mary
Robinson, Planning and Development, addressed the Board to present the request
to consider a Special Event Permit for the Auto Club Group Auto Show on April
27, 2019, located at 100 AAA Drive, Heathrow, as outlined in the agenda
memorandum. Ms. Robinson advised staff
recommends approval.
Doug
McLendon, AAA, addressed the Board and noted a few items came up recently that
deviate from the permit. He explained
they would like to have a stage with a DJ; they won’t be having a concert, but
they will need a stage with some type of PA system to make announcements. The other change is related to signage. On the permit it references an 18” by 24”
foam-core sign, and they are proposing a pop-up archway (sample of archways
document received and filed).
Commissioner Dallari asked if staff sees any issues with the two items
the Applicant is requesting to change, and Ms. Robinson answered no and noted
she will add it into the permit.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Item #24 and public input was closed.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, to approve the Auto Club Group Auto Show
Special Event Permit for April 27, 2019, located at 100 AAA Drive, Heathrow,
subject to staff’s recommended conditions included in the Special Event Permit
and the changes stated by Mr. McLendon; Sharon Camps, Applicant.
Districts
1, 2, 3, and 4 voted AYE.
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Agenda Item
#25 – 2019-1264
Ms.
Robinson presented the request to consider a Special Event Permit for the Annual
Springs Concert on May 4, 2019, located at 400 Woodbridge Road, Longwood, as
outlined in the agenda memorandum. She displayed
a flyer (received and filed) for the event and advised staff recommends
approval. Ms. Robinson pointed out the
Applicant is present, but it was determined the Applicant did not wish to
comment on the request.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Item #25 and public input was closed.
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to approve the Annual Springs Concert Special
Event Permit for May 4, 2019, located at 400 Woodbridge Road, Longwood, subject
to staff’s recommended conditions included in the Special Event Permit; Carl
Rendek, Applicant.
Districts
1, 2, 3, and 4 voted AYE.
COUNTY
MANAGER AND STAFF BRIEFING
Ms.
Guillet announced the County’s procurement folks have once again won the
Florida Procurement Professional Association’s Award of Excellence. They will formally receive the award in May,
and have a more formal presentation for the Board.
COUNTY
ATTORNEY’S BRIEFING
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, to adopt appropriate Resolution
#2019-R-61 accepting a Warranty Deed from the Office of the Tax Collector for
real property situated at 805 Primera Boulvevard, Lake Mary; and authorize the
Chairman to execute the acceptance thereof and the recording of the acceptance
and Warranty Deed by the County Attorney’s Office at County’s expense.
Districts
1, 2, 3, and 4 voted AYE.
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Motion by Commissioner Constantine,
seconded by Commissioner Lockhart, to continue the retention of Attorney John
Stokes as Seminole County’s Outside Bond Counsel through RFP-602018-14, Assignment
of Bond Counsel Legal Services Agreement, with Nabors, Giblin & Nickerson,
P.A. to the law firm of Buchanan Ingersoll & Rooney, P.C.
Districts
1, 2, 3, and 4 voted AYE.
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Mr.
Applegate asked for a motion to retain the Romano Law Group; Schochor, Federico
and Staton, P.A.; and Spangenberg Shibley & Liber, LLP to handle all
litigation related to the opioid crises.
He advised he previously passed out a hard copy to the Board that sets
forth the Fee Agreement that staff will be executing.
Commissioner
Constantine asked why Mr. Applegate picked these law firms. Mr. Applegate answered they come highly
recommended and represent a large number of governmental entities in the state
of Florida, including Sanford and Oviedo.
He briefly discussed the law firms’ experience. Discussion ensued regarding similarities between
the opioid litigation and the past tobacco litigation.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, to retain the law firms of The Romano Law
Group; Schochor, Federico, and Staton, P.A.; and Spangenberg, Shibley and Liber,
LLP to represent Seminole County in all legal actions pertaining to the opioid
crises and the recovery of damages and costs related thereto; specifically
authorizing the law firms to file the appropriate legal actions against all
possible defendants; and directing the County Attorney to execute all necessary
documents and Fee Agreement.
Under
discussion, Vice Chairman Zembower stated he would suspect that the law firms
working with multiple jurisdictions in getting their 22.5% (according to the
fee structure) from each jurisdiction, now have a pot of money that the County
is piggybacking; and the County will receive the benefit of partnering with
other municipalities in reducing the cost to citizens. Mr. Applegate advised there is no cost to the
County in this litigation, and all the costs are bared by the law firms. He indicated if the Board approves this
recommendation, Eric Romano of The Romano Law Group will have a presentation
for the Board of what they can anticipate in this litigation.
Districts
1, 2, 3, and 4 voted AYE.
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Vice
Chairman Zembower announced they have a work session regarding the Major
Revenue Fund Update that will begin at 11:00 a.m.
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Vice
Chairman Zembower recessed the meeting at 10:50 a.m., reconvening
at 1:30 p.m., with all Commissioners and all other Officials, with the
exception of Clerk Grant Maloy, and Deputy Clerk Kyla Farrell who was replaced
by Deputy Clerk Chariti Colón, who were present at the Opening Session.
PROOF OF PUBLICATIONS
Motion
by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the
filing of the proof of publications for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 3, and 4 voted AYE.
PUBLIC HEARINGS
ENCLAVE
AT ALAFAYA SSFLU MAP AMENDMENT AND PD MAJOR AMENDMENT/
Southern
Investment Group, LLLP
Agenda Item #28 – 2019-0013
Vice Chairman Zembower requested to hear this item first to
accommodate the many residents present at the hearing. There was consensus of the Board.
Proof
of publication calling for a public hearing to consider a Small Scale Future
Land Use Map Amendment from Planned Development (PD) to Planned Development
(PD), and a Rezone from PD (Planned Development) to PD (Planned Development) to
allow for the addition of multi-family use on 4.61 acres, located on the
northeast corner of Alafaya Trail and Beasley Road; (Z2018-060), Southern
Investment Group, LLLP, Applicant, received and filed.
Matt
Davidson, Planning and Development, addressed the Board and advised the
Applicant is requesting a continuance.
It
was determined that the Applicant was not present.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart,
to continue to April 23, 2019, at 1:30 p.m., or as soon thereafter as possible,
request to consider a Small Scale Future Land Use Map Amendment from Planned
Development (PD) to Planned Development (PD), and a Rezone from PD (Planned
Development) to PD (Planned Development) to allow for the addition of
multi-family use on 4.61 acres, located on the northeast corner of Alafaya
Trail and Beasley Road; (Z2018-060), as described in the proof of publication,
Southern Investment Group, LLLP, Applicant,
Vice
Chairman Zembower requested Mr. Applegate explain the process the Board is bound
by under statutory law. Mr. Applegate
expressed today's hearing is strictly limited to whether or not a continuance
should be granted. Mr. Applegate stated
the Applicant is entitled to request two continuances. He explained the normal routine is staff will
notify the public through social media when a continuance has been requested by
an applicant. His opinion is the County
could be subject to a lawsuit by either an applicant or the public if they go
forward with a hearing where notification of a continuation has been given,
because people who wanted to appear might not show up since they thought the
hearing was continued. Ms. Guillet
commented the continuance was posted on Nextdoor and other efforts were made to
notify the public about the continuation.
With
regard to public participation, the following spoke in opposition to the
continuance: Bill Hyde, 2379 Audley
Street; Andrew Judd, 172 Smithson Drive (Lynx map and scheduled received and
filed); Prasad Chittaluru, 270 Lake Drive; Cecil Roberts, 2393 Pennsylvania
Avenue; Charlann McPherson, 216 Smithson Drive; Ken McPherson, 216 Smithson
Drive; Liz Aulin, 2389 Pennsylvania Avenue; Randolph Rader, 2371 Pennsylvania
Avenue; Michael Bianco, 2315 Pennsylvania Avenue; Ben Bianco (minor); Anne
Gaither, 2348 Pine Street; Guang Zou, 2235 Pennsylvania Avenue; Scott Jumper,
933 Stafford Trail; Katrina Shadix, 1421 Brigham Loop; Rocky Harrelson, 225
Carolina Way; Nancy Harmon, 752 Pioneer Way; Yanina Genao, 150 Beasley Road;
Jim Hoffman, 2301 Beverly Street; Nancy Hoffman, 2301 Beverly Street; Patricia
Betts, 2335 Riverdale Court; and Dan Cooney, 2828 Lexington Court.
The
following Written Public Comment Forms in opposition to the continuance were
submitted: Zalpha Hashem, 3034 Randleman
Court; G. Lea Rader, 2371 Pennsylvania Avenue; Donna Hickson, 180 Lake Hayes
Road; Debbie Roberts, 2393 Pennsylvania Avenue; Patsy Wainright, 165 Lake Hayes
Road; Benne Wainright, 165 Lake Hayes Road; Shiala Morales, 2292 Sunnyview
Drive; Susan Singer, 2858 Chapelwood Court; Shelly Widden, 130 Smithson Drive;
Julie Carrington, 125 Lake Hayes Drive; Elizabeth Gilson, 115 Lake Drive;
Marina Martinez, 245 Easton Circle; Diane Gillen, 264 Easton Circle; Phillip
Gaither, 2348 Pine Street; Richard Gilson, 115 Lake Drive; Reuben Bianco, 2315
Pennsylvania Avenue; Andrew Ernst, 2256 Sunny View Drive; Christina Ernst, 2256
Sunny View Drive; Edward Collins, 3844 Sanibel Cove; James Adams, 3034
Randleman Court; Rodger Smithson, 224 Smithson Drive; and Donna Smithson, 224
Smithson Drive. Public Comment Forms
received and filed.
With
regard to public participation, no one else spoke in support or in opposition
to the continuance and public input was closed.
Commissioner
Dallari requested Mr. Applegate advise the Board how they could proceed. Mr. Applegate responded they could grant the
continuance to time certain or deny the continuance. Commissioner Dallari questioned if it had to
be continued to 1:30 or if they could do it in the evening, and Mr. Applegate
replied that it could be moved to the evening by Board majority vote.
Commissioner Dallari amended
the motion to continue to April 23, 2019, at 6:00 p.m. Commissioner Lockhart agreed to the amendment.
Under discussion, Commissioner Constantine questioned Mr.
Applegate if there is anything in the Ordinance that says an applicant gets an
automatic continuance, which Mr. Applegate replied there is not. Commissioner Constantine inquired how an
applicant applies for a continuance. Ms.
Guillet responded it has to be done in writing by 12:00 p.m. the day before the
hearing.
Commissioner Constantine expressed his frustrations with the
current process to request a continuance.
He stated he feels an applicant should have to come before the Board to
request a continuance and give the reason why.
The Commissioner inquired of Mr. Applegate if that could be done as a
policy, which Mr. Applegate replied it could.
Vice Chairman Zembower inquired of the Board if they wanted
staff to bring back a proposed amendment to the Ordinance regarding
continuances, and there was consensus of
the Board.
Districts 1, 2, 3, and 4 voted AYE.
CELERY
POINTE LSFLU MAP AMENDMENT AND PD REZONE/
Nash
Hooda
Agenda Item #26 – 2018-0043
Proof
of publication calling for a public hearing to consider a Large Scale Future
Land Use Map Amendment from Suburban Estates to Low Density Residential and a
Rezone from A-1 (Agriculture) to PD (Planned Development) on 31.85 acres,
located on the north side of Celery Avenue, approximately 1/2 mile west of Beardall
Avenue; (Z2016-036) (2018-FLUM-LS.06), Nash Hooda, Applicant, received and
filed.
Danalee
Petyk, Planning and Development, addressed the Board to present the request as
outlined in the Agenda Memorandum.
Larry
Dale, 3400 Celery Avenue, addressed the Board and advised he represents Nash
Hooda, Applicant. He stated they worked
hard on the Joint Planning Agreement, it took several years to do it, it was
renewed, and this exceeds the Joint Planning Agreement with the City of
Sanford. They worked hard to make sure
that it is compatible with what was planned years ago for this urban services
area.
With regard to public participation,
Phillip Rothrock, 2790 Bit N Bridal Place, spoke in opposition (diagram
received and filed); no one else in the audience spoke in support or in
opposition to this item and public input was closed. Public Comment Form received and filed.
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt Ordinance 2019-17
enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to
Low Density Residential and adopt associated Ordinance 2019-18 enacting a
Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the
associated Development Order and Master Development Plan for approximately
31.85 acres, located on the north side of Celery Avenue, approximately 1/2 mile
west of Beardall Avenue, as described in the proof of publication.
Under
discussion, Commissioner Constantine stated this is 107 units on 31 acres, 3.5
units of buildable acres. He noted the
back of this property looks like it is wetland.
The Commissioner inquired they would not be able to get the 107 units if
that is unbuildable. Ms. Guillet
responded it appears from the master plan that they intend to encroach upon
some of the existing wetland, but they will have to get the permits to do
that. Commissioner Constantine commented
that the Applicant is asking for 107 units, but that doesn't necessarily mean
they will be able to get it based upon the buildable acres and obtaining
permits.
District
3 submitted ex parte communication (received and filed).
Districts 1, 2, 3, and 4 voted AYE.
GROVE
AVENUE ESTATES REZONE/
Trisha
Bailey-Archie
Agenda Item #27 – 2019-0015
Proof of publication calling for a public hearing to consider
a Rezone from A-1 (Agriculture) to R-1 (Single-Family Dwelling) for a
single-family residential subdivision on approximately 4.7 acres, located on
the north side of Grove Avenue; (Z2019-01), Trisha Bailey-Archie, Applicant,
received and filed.
Ms.
Petyk addressed the Board to present the request as outlined in the Agenda
Memorandum.
Kim
Fischer, 1614 White Dove Drive, Engineer of Record for the Applicant, addressed
the Board and stated she agreed with staff.
She clarified that there are ten homes altogether. They are adding nine new lots because there
is an existing home on the property which they are keeping and working around.
With
regard to public participation, Zahid Tufail, 7355 Grove Avenue; and Thomas
Malan, 5347 Lanyard Court, spoke in support; Carol Lauer, 7295 Grove Avenue,
submitted a Written Comment Form in opposition; no one else in the audience
spoke in support or in opposition to this item and public input was closed.
Districts
1, 2, and 4 submitted ex parte communications (received and filed).
Motion by Commissioner Dallari, seconded by Commissioner
Constantine, to adopt Ordinance 2019-19 enacting a Rezone from A-1
(Agriculture) to R-1 (Single-Family Dwelling) for a single-family residential
subdivision on 4.7 acres, located on the north side of Grove Avenue, as
described in the proof of publication.
Districts
1, 2, 3, and 4 voted AYE.
TAX COLLECTOR
Joel Greenberg, Seminole County Tax Collector, addressed the
Board to request authorization for the Tax Collector's Office to advertise in
the Heritage Florida Jewish News. The
2014 staff recommendation says to use the Sanford Herald until a more
cost-efficient source is identified. Mr.
Greenberg noted they will save approximately 17.7 percent by using the Heritage
Florida Jewish News and it meets all legal requirements Mr. Greenberg advised he would answer any
questions the Board may have and noted this is something that they are on a
time crunch with.
Upon request for clarification from Vice Chairman Zembower,
Mr. Greenberg explained Florida statutes says that the Board of County
Commissioners gets to decide where the advertisements are to take place, and
there hasn't been any discussion since 2014.
He noted that a writ of mandamus has been filed by the Sanford Herald,
and they would like to avoid any sort of legal matters in court over this.
Upon inquiry from Vice Chairman Zembower, Mr. Applegate
stated the Heritage Florida Jewish News does meet the requirements of a paper
with general circulation.
Mr. Greenberg commented that the Sanford Herald charged 75
cents per square inch in 2013/2014 and today it is $1.10, which represents an
increase of 46% or 35 cents. By going to
the Heritage, they will save roughly $9,000.
Mr. Applegate stated it is his legal opinion that the 2014 order
of the Board is still applicable and, per statute, the decision is supposed to
be made in the first week of February; and Mr. Sierra believes the 2014 motion
of the Board is no longer applicable because it's supposed to be renewed every
year. Vice Chairman Zembower questioned
if the Board has the latitude to dictate which newspaper, and Mr. Applegate
responded the problem is with the timing.
In his opinion, it is safer to go with the Herald and that the County could
get sued by either party if they formally decided to go with the Heritage. He commented it is, however, the Board's call
as to how they want to handle it.
Vice Chairman Zembower confirmed with Mr. Greenberg the
intent is to save taxpayer dollars. Mr.
Greenberg noted the language in the motion is staff recommended using the
Herald until a more cost-efficient paper has been identified, and he has
identified a more cost-efficient paper.
He added the Herald advised there will be a $1.80 per-line surcharge
added to this year's advertisements, and there are four lines per notice and
over 7,000 notices, which is over $12,000 that will be added to the cost of
which is not budgeted. Mr. Greenberg
commented any increase was supposed to be brought before the Board, and it was
not.
Commissioner Dallari inquired of Mr. Applegate if this is
something they can keep putting out to bid or if it is just the Board's
decision. Mr. Applegate replied it is
the Board's decision.
Motion by Commissioner Dallari, seconded by Commissioner
Constantine, to approve the Tax Collector’s request to publish the Notice of
Tax Certificate Sale in the Heritage Florida Jewish News.
Under discussion, Commissioner Constantine confirmed with
Mr. Greenberg the advertising is for tax certificates. Mr. Greenberg advised they are required to
advertise for three consecutive weeks prior to sale. Commissioner Constantine inquired if there
was a larger distribution with the Sanford Herald. Mr. Greenberg responded they are nearly
identical. Commissioner Constantine
questioned Mr. Greenberg if he felt confident they would not lose any revenue
from the sale of the tax certificates if they advertise in the Heritage Florida
Jewish News. Mr. Greenberg responded he was
very confident and noted 100% of the tax certificates have sold every year
since he has taken over as tax collector.
Mr. Applegate commented staff informed him when the issue
came up that they disagreed with the Tax Collector's Office about saving money
using one paper over the other. Vice
Chairman Zembower expressed it should have come to the Board by staff at that
time to review. Mr. Applegate expressed
it is the Board's decision; however, it is his office's legal position that the
Board's decision of 2014 still stands.
The question is, is the Board exposing the County to a lawsuit from the
Herald if they change it at this point in time, and does that impact a lawsuit
between the Herald and the Tax Collector.
Upon request of Vice Chairman Zembower, Mr. Applegate read
the exact language of the 2014 Board decision provided by Mr. Greenberg
(received and filed) as follows:
"Staff recommends that the Board approve and authorize the Tax
Collector's Office to publish the 2013 Notice of Tax Certificate Sale and all
future tax certificate sales in the Sanford Herald newspaper until decided
otherwise by the Board." Mr.
Applegate commented they have that discretion.
Commissioner Lockhart suggested it would be a good practice
moving forward to have the Tax Collector annually bring a recommendation to the
Board by a certain date.
Districts
1, 2, 3, and 4 voted AYE.
Vice Chairman Zembower recessed the meeting at 3:04 p.m.,
reconvening at 3:19 p.m.
LEGISLATIVE UPDATE
Meloney Lung, Assistant County Manager, addressed the Board
to present the Legislative Update.
Mr. Applegate left the meeting at this time.
DISTRICT COMMISSIONERS’ REPORTS
District 4
Commissioner Lockhart announced she attended the Florida
Association of Counties Legislative Day and two days of training for the
Certified County Commissioner program in Tallahassee.
The Commissioner thanked Chief Oakes for allowing her and
her aide to visit the fire training and emergency training centers.
District 1
Commissioner Dallari announced he attended the Kids House
Gala.
The Commissioner requested that Mr. Applegate update each
Commissioner separately on the status of the River Cross litigation.
District 3
Commissioner Constantine announced Jim Harrison will serve as the long-term interim director of LYNX
through 2020.
The Commissioner asked when the lobbying registration might be coming
back from staff. Ms. Guillet responded
that nothing is on the schedule yet.
Commissioner Lockhart suggested a work session is not needed if the
information can be compiled and given to the Commissioners. Ms. Guillet commented that the information is
compiled with respect to what other jurisdictions are doing and that would be
distributed.
District 2
Vice Chairman Zembower announced the
various events and trainings he attended.
The Vice Chairman stated he spoke with Mr. R.J. Mueller with
the Sustainability Working Advisory Team (SWAT) at UCF. The Commissioner is requesting that staff
from traffic engineering volunteer to speak with SWAT via telephone one hour a
month so they can understand the traffic issues in and around the
UCF/Orange/Seminole County line.
The Vice Chairman recounted his trip to Washington D.C. to
visit with the lobbyists to share the County’s needs and concerns.
The Vice Chairman advised he would like to have the action
items he receives in a running sequence of who is taking lead, what the status
is, and for it to be updated after each meeting. Ms. Guillet responded Ms. Lung is the point
person and she would meet with the Commissioner.
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. City of Sanford Notice of Public Hearing to
Consider a Rezone at 2871 East Lake Mary Boulevard, received March 25, 2019.
2. COPY of a letter dated March 26, 2019 from
Chairman Carey to Pam Nabors, CareerSource Central Florida RE: reappointment of
Richard Sweat to the CareerSource Central Florida Board of Directors. C: BCC; County Commission Records; Richard
Sweat.
COUNTY MANAGER’S REPORT
Ms. Guillet advised they believe they have found a way to
expedite the process of the courthouse design build while keeping it with the
Five Points Master Plan and not lose any time.
Ray Hooper, Purchasing and Contracts Manager, addressed the
Board and stated in order to go forward with the design build of the
courthouse, they have to present a design criteria package in accordance with
Florida Statute 287.055. They would
normally go through a procurement method to find an architect to do a design
criteria package to proceed in the design build process. Mr. Hooper explained he has worked with CGL
Companies, LLC, Five Points Master Plan consultant, to come up with a basis of
design. A basis of design is different
from a design criteria package. The basis
of design is approximately 90% of the design criteria package, and they have a
master consultant that will do the surveying piece which consists of the
remaining 10%. The basis of design needs
to be added to the scope of the current contract with CGL that was approved by
the Board. This will allow staff to
issue a solicitation package to start the qualification portion of the design
build within the next two weeks. Three
firms have already been shortlisted for the design build for the Board to
choose from. Mr. Hooper stated he can
negotiate the agreement and have it ready for the next Board meeting if that is
the methodology the Board would like to proceed with. He believes it is the most streamline process
they can go with based upon where they are currently.
Vice Chairman Zembower confirmed with Mr. Hooper that CGL
could do this simultaneously with the Five Points Master Plan to save
time. Mr. Hooper added CGL would be
working simultaneously on the master plan and the basis of design for the
design build during the first three months, and the master plan would be ready
for the Board in nine months in accordance with the contract.
Commissioner Dallari commented he wants to make sure it is
written in the agreement so there is no ambiguity that CGL is precluded from
bidding on or being a part of a team to do the design build if they do the
basis of design. Mr. Hooper responded
that CGL has been advised of that since that preclusion is in the Florida
statutes, and he will add it to the scope as well.
Commissioner Lockhart requested staff communicate with the
City of Sanford to keep them updated regularly on the timeline so they are
aware of the speed at which everything is moving.
Ms. Guillet noted she has met with the State Attorney,
Public Defender, and representatives from the judiciary last week and was given
a tour of the courthouse. She encourages
the Commissioners to tour the courthouse as well and stated she could help make
the arrangements for them.
Ms. Guillet stated they are requesting authorization for
Purchasing to move forward with this.
Motion by Commissioner Constantine, seconded by Commissioner
Dallari, to authorize the Purchasing and Contracts Division to negotiate
additional scope to the Five Points Master Plan contract with CGL, Companies,
LLC, to do a basis of design for the new construction project.
Districts 1, 2, 3, and 4 voted AYE.
ITEMS FOR FUTURE AGENDA
Bill Hyde, 2379 Audley Street, addressed
the Board and requested they contact Representative Smith in regards to the mechatronics
program at Seminole State College.
Mr. Hyde stated Mitchell Hammock is a mess. Commissioner Dallari advised that Mitchell
Hammock is the jurisdiction of the City of Oviedo and not the County.
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There being no further business to come
before the Board, the Vice Chairman declared the meeting adjourned at 4:13
p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
kf/cc