BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

APRIL 26, 2016

 

     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 26, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman John Horan (District 2)

Vice Chairman Brenda Carey (District 5)

     Commissioner Robert Dallari (District 1)

Commissioner Lee Constantine (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Terri Porter

 

 

Commissioner Carey reported the Sheriff will not be in attendance today because he was out all last night at a fire.  She talked with Sheriff Eslinger this morning who shared with her the amazing job their firefighters and paramedics did last night in saving the lives of a family of four.  The Commissioner stated the family dog, a German Shepherd, led the firefighters to the two children, ages 2 and 4.  She stated when you hear the details of some of these rescues, you really understand how important a well-trained and caring team is in saving the lives of so many, and without that, many lives would be lost.  She wanted to recognize their firefighters and the Longwood firefighters who responded to that tragedy last night, and asked that they keep the firefighters in their prayers along with the family, hoping they will all recover.

Pastor Joe Wendorph, Markham Woods Presbyterian Church, Lake Mary, gave the Invocation.  Commissioner Carey led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for ROAR! Internet Marketing was presented.

AWARDS & PRESENTATIONS

Agenda Item #1 – A-2076-16

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt a Proclamation declaring the month of April as Fair Housing Month in Seminole County.

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

     Steve Fussell, Community Development Manager, addressed the Board to state that every April, as a community and as a nation, they celebrate the anniversary of the passing of the Fair Housing Act and recommit to that goal that was inspired in the aftermath of Reverend Dr. Martin Luther King’s assassination in 1968, to eliminate housing discrimination and create equal opportunity in every community.  He thanked the Commissioners for their individual and collective support of fair housing as well as their “boots-on-the-ground” participation that he witnesses on the weekends.

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Agenda Item #2 – 2016-328

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt a Proclamation declaring the month of April 2016 as Aviation Appreciation Month in Seminole County.

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

     Diane Crews, Director of the Orlando Sanford International Airport, addressed the Board to express her gratitude to the Commission and County staff.

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Agenda Item #3 – 2016-327

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation declaring April 30, 2016 as Beta Sigma Phi Founders Day in Seminole County.

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

     Dorothy Laycock, Beta Sigma Phi, addressed the Board to express her appreciation.

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Agenda Item #4 – 2016-314

     Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt a Proclamation declaring May 1 through May 7, 2016 as National Travel and Tourism Week in Seminole County.

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

     Theo Hollerbach, Tourism Development Council, addressed the Board to express gratitude on behalf of the tourism industry.

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     Chairman Horan recessed the meeting of the Board of County Commissioners at 10:00 a.m., and convened as the U.S. Hwy 17-92 Community Redevelopment Agency.

U.S. 17-92 CRA

Agenda Item #5 – A-1911-16

     Sonia Fonseca, CRA Project Manager, addressed the Board to present a request to consider reimbursement of costs associated with professional engineering services required to survey and conduct environmental and geotechnical evaluations of the Five Points wetland for stormwater/redevelopment opportunities, in the amount of $33,000; and adoption of a Resolution implementing the associated Budget Amendment Request (BAR) #16-046 to appropriate funding from U.S. 17-92 CRA Trust Fund, Contingency Reserve for Catalyst Projects. 

     Ms. Fonseca noted that this was previously approved by the Board and it went through the procurement process as required.  This request is to reimburse Seminole County for the cost associated with those services.  She advised that the Technical Advisory Committee and the Redevelopment Planning Agency recommended approval, and County staff is recommending approval also.

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

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the request to reimburse costs associated with professional engineering services required to survey and conduct environmental and geotechnical evaluations of the Five Points wetland for stormwater/redevelopment opportunities; and adopt appropriate Resolution #2016-R-59, implementing the associated Budget Amendment Request (BAR) #16-046, appropriating $33,000 from the U.S. 17-92 CRA Trust Fund, Contingency Reserve for Catalyst Projects.

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

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Agenda Item #6 – A-1912-16

Ms. Fonseca advised the City of Lake Mary is requesting the Board consider approval of funding for Gateway/Streetscape improvements at U.S. 17-92 and Weldon Boulevard in the amount of $446,984.50; and adoption of a Resolution implementing the associated Budget Amendment Request (BAR) #16-047 appropriating funding from the U.S. 17-92 CRA Trust Fund, Contingency Reserve for Government Assistance.

     Ms. Fonseca stated as the Board is aware, the project was approved when the budget was adopted.  The City has put forth approximately $700,000 in contribution, and they have withdrawn approximately $150,000 in benefits that are directly associated with the City.  She noted, however, there are other projects in the area that are not within the City of Lake Mary.  She reviewed the different dollar amounts recommended by the Technical Advisory Council and the Redevelopment Planning Agency and stated that County staff recommends approval of the funding request in the amount of $335,471, which is the requested amount with the exception of contingency and escalation.

     Dr. Tom Tomerlin, City of Lake Mary, addressed the Board to present a PowerPoint presentation (copy received and filed).  He advised that CPH, Inc. is their consulting engineer on this.  He introduced all those in attendance that are involved in the project.  He showed photos of two gateways in Lake Mary and stated that Weldon Boulevard is more than just a gateway into the City of Lake Mary; it is a gateway into the City of Sanford because Seminole State College (SSC) is in Sanford, and it is also a gateway into the college.  He added SSC is the County’s fourth largest employer.  He then displayed the proposed design and noted they intend to put these improvements within an easement on private property so this will not occur with an FDOT right-of-way; they plan to get an easement agreement from the three owners who include Victoria Plaza, the Triangle (owned by SSC), and the Publix Plaza Shopping Center.  Dr. Tomerlin explained for Commissioner Carey they do not currently have those easements but they have commitments that those easements will occur.  He displayed a pictorial of the signage stating it is a low profile sign so it will not block visibility.  

     Dr. Tomerlin reviewed Project Merits and stated they believe this will help establish that corridor as a place, and that corridor is undergoing a great deal of change with Reagan Place and the work at Five Points.  He concluded showing a comparison and breakdown of the funding request and recommendations.  He advised that today’s request is in the amount of $405,757.58, which is what County staff and the RPA recommended plus $50,287.25 for contingency; it removes landscaping and escalation.  They have worked with FDOT and the Project Manager for the U.S. 17-92 road widening since the original request, and now know they do not need escalation because they expect to accomplish this within two years of executing the agreement.  He stated there are still some project details to be ironed out and having that contingency buffer will give them a comfort level in getting this done right. 

     Commissioner Carey stated there was a lot of discussion at the RPA meeting about the dollar amount of the contingency, which at $50,000 is greater than 10% of what the total construction amount is, and she opined it is unusually high.  She added they said this was because of the timeframe in which they were going to need to build this, but since they are doing this in a private easement, when will that actually happen.

     Commissioner Carey advised she had ex parte communication from Commissioner Lucarelli, City of Lake Mary.  Chairman Horan and all the Commissioners disclosed for the record they also had ex parte communications with Commissioner Lucarelli.

     Commissioner Constantine stated the original request listed $44,000 for landscaping and irrigation and questioned what the $35,000 shown in today’s request was.  Dr. Tomerlin replied it is basically site prep demo; the $8,000 was for plant material and landscaping. 

     Commissioner Dallari asked about the easements and Dr. Tomerlin advised that in the application, there are letters of support from those owners.  Commissioner Dallari said he wanted to ensure that if they do not get the easements that this will not be put in the right-of-way.  Dr. Tomerlin stated they have adequate room in the right-of-way to accomplish this, but they prefer not to go that way.  Commissioner Dallari questioned staff as to whether there were any plans for that right-of-way because he wants to ensure that DOT has no plans for it in the future.  Jean Jreij, Public Works Director, addressed the Board to state he did not have knowledge of the DOT’s intention for the right-of-way, but he could find out if the Board wishes.  Commissioner Dallari opined this is a great project but he wants to make sure it is put into a private easement and not the public right-of-way. 

     Commissioner Constantine stated he would like to support this project at the $355,000 level with the understanding that the City could potentially come back to the CRA if the escalation or contingency is needed at a later date, and he also believes it would give them incentive to do everything they can not to increase the contingency.

     Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve a U.S. 17-92 CRA Agreement with the City of Lake Mary for Gateway/Streetscape improvements at U.S. 17-92 and Weldon Boulevard; and adopt appropriate Resolution #2016-R-60 implementing the associated Budget Amendment Request (BAR) #16-047 to appropriate $355,471 from the U.S. 17-92 CRA Trust Fund, Contingency Reserve for Government Assistance. 

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

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

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     Chairman Horan adjourned the meeting of the U.S. Hwy 17-92 Community Redevelopment Agency at 10:05 a.m., and reconvened the meeting of the Board of County Commissioners.

COUNTY MANAGER’S CONSENT AGENDA

Sarah Whitaker, 1028 W. New Hampshire Street, Orlando, addressed the Board to comment on Agenda Item #23, which is a request for approval of an award of a Master Services Agreement for professional hydrogeological services.  She advised she is president of SMW GeoSciences, Inc. and distributed written comments (copy received and filed) with attachments and then read those comments into the record.  Ms. Whitaker expressed her concerns with the selection process, specifically with regard to the deduction of points from their submittal for services not listed or requested in the RFP’s scope of services.  She noted that her company submitted the lowest bid by over 27%. 

Chairman Horan questioned whether a formal protest had been filed in regard to this.  Ray Hooper, Purchasing & Contracts Manager, addressed the Board to state a formal protest had been filed but it was not timely.  He commented on the valuation process stating this was a “best value”; price was a consideration and SMW received the full 30 points for their pricing, which was the low.  There were 70 points devoted to the evaluation and the evaluation team was made up of some of their best people in the county including engineers and the director of the Environmental Services department.  He stated they followed all of the policies and procedures.  The evaluation team under an RFP (best value) ranked Connect Consulting as the #1 firm. 

Commissioner Carey stated that Ms. Whittaker indicated there were items submitted as part of the RFP process that were evaluated that were not really requested as part of the RFP.  Mr. Hooper responded that in the RFP, each proposer is providing whatever they can so the evaluation team can evaluate based upon the criteria to give them the most advantageous proposal. 

Carol Hunter, Environmental Services Director, addressed the Board and advised there are several different components in the process.  One of the components was project approach and under that, each vendor is allowed to give details on how their firm is a better firm.  She said, for example, Connect Consulting gave very specific approaches to the CFWI process; both firms are excellent firms, however, Connect Consulting had that additional component and was very specific in their approach.  Therefore, they were given points for that specificity.

Commissioner Dallari questioned why those details were evaluated if they were not requested.  Ms. Hunter explained it falls under the project approach, which is where each vendor has latitude to add their complementary experience and to really showcase their experience.  Also, for example, Connect Consulting had very specific increments of time in their response.  She detailed that this proposal was for new construction but it is also for rehab and emergency repairs.  Connect Consulting provided specific details on emergency repair situations, how rapid their response time is, and how they are able to approach the repair.  Mr. Hooper added that the project approach was stated in the solicitation as one of the valuation factors. 

Commissioner Carey remarked that the incumbent consultant is always going to have a little bit of an advantage because they know the County’s system better than someone who has not ever had the opportunity to work in that.  Also staff may have an instance where someone ranks the incumbents higher because there is already an established relationship with them.  She added that she believes both of these firms are highly qualified to do the work and she has to rely on the staff recommendation.  However, she reminded staff they should go into the evaluations with an open mind considering that there is some disadvantage to the firms that are not the incumbent consultants.  She opined that staff did a good job in evaluating; she read through all the comments.  She said again, staff needs to have an open mind about what is in the best interest of the taxpayers.  Ms. Hunter agreed and Ms. Whittaker stated she understands she was late with the formal protest and just wanted to share her comments.

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.

Speaker Request Form was received and filed.

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

Community Services

Community Assistance Division

7.  Approve and authorize the Chairman to execute an Agreement for Seminole County Housing Inspection Services to provide Housing Quality Standard (HQS) home inspections; Uniformed Property Condition Surveys (UPCS); and Habitability Standard Inspections Services for Housing and Urban Development (HUD) grant programs administered by the Community Services Department.  (A-2054-16)

Community Development Division

8.  Approve and authorize the Chairman to execute the First Amendment to Seminole County and Heart to Heart – A Community Care Home, Inc. Operation New Start - Rapid Rehousing Program Agreement 2016-2017 which is amending Exhibit F to include a reference to Florida Statute 420.621.  (A-2050-16)

9.  Approve and authorize the Chairman to execute Seminole County and The Seminole County Coalition for School Readiness, Inc. Subrecipient Agreement, Program Year 2015-2016, in the amount of $30,872 for child care services for low and moderate income families.  (A-2057-16)

10.  Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government.  (A-2051-16)

 

Development Services

Planning & Development Division

11.  Authorize Release of the following 15 Maintenance Bonds for Roads, Streets and Drainage:  Versailles subdivision, #41246286, $92,178 and #41246287, $13,837; Pearl Lake Estates subdivision, #0178077, $97,469 and #0178078, $3,163.39; Coventry at Heathrow subdivision, #SU1117703, $92,312.10; Cherry Laurel at Solara, #21BSBGL7591, $9,720.92; Douglas Avenue right-of-way (Hampton Inn and Suites), #3351941, $4,210.31; Brooks Cove subdivision, #59BSBGL9801, $4,239.13 and #59BSBGL9798, $69,471.20; East Citrus Street right-of-way (Quest Facility Sanitary Connection), #41271615, $2,263.90; Enclave at Bear Lake subdivision, #0641616, $55,583.73; Eden Point subdivision, #1025792, $79,995.46 and #1025793, $5,417.13; and Ellingsworth subdivision, #59BSBGP7866, $38,953.23 and #59BSBGP7865, $1,791.86.  (A-2087-16)

 

Public Safety

Addressing Division

12.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-61 renaming Sweetbay Circle to Sweet Bay Circle.  (A-2034-16)

13.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-62 renaming Benttree Circle to Bent Tree Circle.  (A-2033-16)

 

Public Works

Business Office

14.  Approve and authorize the Chairman to execute a Special Warranty Deed with the School Board of Seminole County for acquisition of additional right-of-way for the construction and maintenance of sidewalks on Sand Lake Road.  (A-1967-16)

15.  Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #105 between Karen A. Petrosky, a widow, and Robert L. Petrosky, Jr., a married man, and Seminole County for the early acquisition of property needed for the Dean Road Widening Project (9985 Carolina Street, Oviedo, Tax ID #31-21-31-504-0000-0200) for $155,800 as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to this parcel.  (A-1939-16)

16.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-63, and authorize the Chairman to accept a Special Warranty Deed between Tonja Hepner, also known as Tonya Hepner, to Seminole County for the acquisition of a remnant parcel west of I-4.  (A-1941-16)

Engineering Division

17.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-68 and authorize the Chairman to execute a Local Agency Program (LAP) Supplemental Agreement with the State of Florida, Department of Transportation (FDOT), to reduce grant funds and approve appropriate Resolution #2016-R-64 implementing Budget Amendment Request (BAR) #16-048 in the amount of $108,849 related to the construction of sidewalks in conjunction with Spring Lake Elementary School (FDOT - FPN: 437457-1-58/68-01).  (A-1947-16)

 

Resource Management

Budget and Fiscal Management Division

18.  Approve submission of an application to the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), through the FY 2015 Assistance to Firefighters Grant Program - Fire Prevention & Safety Grants requesting up to $50,000; and authorize the County Manager to execute any documents associated with the Grant Application.  (A-2056-16)

19.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-65 implementing Budget Amendment Request (BAR) #16-049 through the Water and Sewer Operating Funding to reallocate budget in the amount of $7,850 from capital equipment items to budget a BMT Ozone Analyzer.  (A-2021-16)

MSBU Division

20.  Approve and authorize the Chairman to execute appropriate Resolution #2016-R-66 confirming the MSBU Non-Ad Valorem Variable Rate Assessments for tax year 2016.  (A-1982-16)

Purchasing & Contracts Division

21.  Award RFP-602491-16/GCM, Term Contract for Disaster Debris Planning & Support Management to Tetra Tech, Inc., Maitland; and authorize the Purchasing & Contracts Division to execute the Agreement. (The estimated usage of the contract will be determined at the time of a disaster.)  (A-2014-16)

22.  Award CC-0718-16/TAD, Southeast Regional Water Treatment Plant (SER WTP) High Service Pump (HSP) Variable Frequency Drives (VFD) Relocation Project, in the amount of $114,950 to Chinchor Electric, Inc., Orange City; and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-1999-16)

23.  Award RFP-0532-15/AMM, Master Services Agreement (MSA) Professional Hydrogeological Services to Connect Consulting, Inc., High Springs; and authorize the Purchasing & Contracts Division to execute the Agreement.  (Estimated Term Usage $2,000,000)  (A-1702-15)

24.  Approve assignment of IFB-601758-13/GMG, Term Contract for Curbs, Gutters, Sidewalks, Concrete and Asphalt Repairs and Replacements from AJC Construction, LLC, Orlando, to Schuller Contractors Inc., Orlando, and authorize the Purchasing & Contracts Division to execute the documents.  (A-2013-16)

25.  Approve Change Order #3 under CC-9170-13/JVP, SR 46 Gateway Sidewalks, Rinehart Road to Airport Boulevard with Estep Construction, Inc., Apopka, in the amount of $163,279.83; and authorize the Purchasing & Contracts Division to execute the Change Order.  (A-1988-16)

26.  Award IFB-602506-16/TLR, Term Contract for Personnel Door and Frame Repair and Replacement Services to DB Industry, LLC, Longwood; and authorize the Purchasing & Contracts Division to execute the Agreement.  (The estimated annual usage of this contract is $22,000.)  (A-1984-16)

 

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

 

COUNTY ATTORNEY’S CONSENT AGENDA

 

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

27.  Ratify the proposed settlement set forth in the March 9, 2016 Mediated Settlement Agreement reached at mediation in All American Concrete, Inc. v. Seminole County, Florida, Case No. 11-CA-3766-15-G, Circuit Court of the 18th Judicial Circuit, in and for Seminole County.  (A-2022-16)

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

 

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk’s Office

 

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

28.  Expenditure Approval Lists dated March 21, 28 and April 4, 2016; Payroll Approval List dated March 24, 2016; and the BCC Official Minutes dated March 22, 2016.  (A-2053-16)

 

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

 

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

1.  Revised Approval Development Order as approved by the Board of Adjustment on February 28, 2016, #15-30000096, Variance, 728 Silver Birch Place, Eric McDonald and Katherine Cacho (corrected date).

 

2.  Addendum #1 to the Park Place at Aloma Planned Development Developer’s Commitment Agreement #15-20500046, Aloma Jancy Animal Hospital.

 

3.  Douglas Grand at Lake Mary Planned Development a/k/a Sanford Apartments, Minor Amendment, Final Development Plan and Developer’s Commitment Agreement; DD Sanford 22.65, LLC.

 

4.  Lukas Landing Planned Development Final Development Plan and Developer’s Commitment Agreement #15-20500044; Trustees of the Hardin Revocable Family Trust, and Trustees under the Mikler Family Declaration of Trust.

 

5.  Markham Square f/k/a ZDA at Markham Planned Development Developer’s Commitment Agreement #15-20500028; Park Square Enterprises, LLC.

 

6.  Corrective Special Warranty Deed, Parcel Nos. 32-19-30-300-007N-0000 and 05-20-30-300-0040-0000; 7-Eleven, Inc., Grantor.

 

7.  Conditional Utility Agreement for water and sewer service between Seminole County and Park Square Enterprises, LLC, for the project known as Markham Square.

 

8.  Conditional Utility Agreement for potable and reclaimed water and sewer service, with Exhibit G for a reclaimed water line, between Seminole County and CED Strategies, LLC, for the project known as Oregon Street Subdivision. 

 

9.  Pet Rescue Cooperative Service Agreements with Dachshund Adoption Rescue and Education, Pug Rescue of Florida, and SPCA Suncoast.

 

10.  Parks Contracts for Services for Verbia Ann Behe and Kathleen Erin Wheeler.

 

11.  Audit Report No. 040516 from the Clerk of the Circuit Court & Comptroller for Special Review of Small Tools and Equipment.

 

12.  Amendment #1 to Work Order #2 to RFP-0336-15 with Site Secure, LLC.

 

13.  Work Order #1 to CC-0559-15 with Prime Construction Group, Inc.

 

14.  Work Order #13 to PS-1666-07 with Inwood Consulting Engineers.

 

15.  Amendment #2 to Work Order #73 to PS-4388-09 with Inwood Consulting Engineers, Inc.

 

16.  Amendment #5 to Work Order #32 to PS-5190-05 with CH2M Hill Engineers, Inc.

 

17.  Work Order #12 to PS-6658-11 with S2LI, Inc.

 

18.  Work Order #15 to PS-6865-11 with S2LI, Inc.

 

19.  Work Orders #20 and #21 to PS-7643-12 with Southeastern Surveying and Mapping Corp.

 

20.  Amendment #1 to Work Order #37 to PS-8047-12 with Tierra, Inc.

 

21.  Amendment #1 to Work Order #35 to PS-8148-12 with CDM Smith, Inc.

 

22.  Work Order #49 to PS-8148-12 with Parsons Brinckerhoff, Inc.

 

23.  Amendment #4 to Work Order #11 to PS-8186-13 with Hazen and Sawyer, P.C.

 

24.  Amendment #1 to Work Order #26 to PS-8186-13 with Reiss Engineering, Inc.

 

25.  Work Order #8 to CC-9184-13 with Central Florida Environmental.

 

26.  Closeout to Work Order #20 to CC-9192-13 with All-In Construction Services, LLC.

 

27.  Change Order #4 to CC-9226-14 with Halifax Paving.

 

28.  Change Order #3 to CC-9650-14 with Eclipse Construction.

 

29.  Amendment #3 to Work Order #2 to PS-9738-14 with E Sciences, Inc.

 

30.  Eighth Amendment to IFB-601114-11 with Pride Enterprises.

 

31.  Fourth Amendment to IFB-601295-11 with Valleycrest Landscape Maintenance, Inc.

 

32.  Ninth Amendment to IFB-601448-12 with WCA of Florida, LLC.

 

33.  Third Amendment to IFB-601587-12 with Sieg & Ambachtsheer, Inc.

 

34.  Mutual Termination of Term Contract IFB-601883-13 with Practical Products Group, LLC.

 

35.  Bids as follows:

IFB-602506-16 from Architectural Openings, Inc.; Dwight Brown; MVB & Associates, Inc.;

 

PS-0426-15 from Horizon Engineering Group, Inc.; CPH, Inc.; England-Thims & Miller, Inc.; AVCON, Inc.; H.W. Lochner, Inc.; METRO Consulting Group, LLC;

 

CC-0509-15 from MCG Services, LLC; Ovation Construction; Florida Safety Contractors, Inc.; Barracuda Building Corporation; C.E. James, Inc.; Parthenon Construction Company; Affordable Development/Driveway, Inc.; Atlantic Civil Constructors Corp.; Sparks Concrete, LLC; Central Florida Environmental Corp.; Marquee Development, Inc.; and

 

RFP-602491-16 from Tetra Tech, Inc.; Thompson Consulting Services; Witt/O’Brien’s.

 

Sheriff’s Office

 

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

29.  Approve expenditure of $5,000 from the Law Enforcement Trust Fund for a contribution to the Seminole NAACP to provide funding in support of their Scholarship Fund.  (A-2052-16)

30.  Approve expenditure of $2,000 from the Law Enforcement Trust Fund for a contribution to the J. Douglas Williams YMCA Family Center to provide funding in support of their Scholarship Campaign.  (A-2064-16)

31.  Approve expenditure of up to $275,000 from the Law Enforcement Trust Fund to provide for the purchase of start-up equipment in support of the expansion of the "FOCUS on Safety" School Resource Deputy/Officer Program in partnership with the Seminole County School Board and County municipalities.  (A-2081-16)

31A. Approve expenditure of up to $1,750,000 from the Law Enforcement Trust Fund to upgrade and enhance the Law Enforcement Digital Evidence Collection System.  (A-2095-16)

 

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

 

CHAIRMAN’S REPORT

Chairman Horan stated he received a communication from the Supervisor of Elections with regard to alternates that are required for the Canvassing Board.  It was suggested that because this is a general election year that they provide a couple of alternates.  He advised he received a communication from Chief Judge Galluzzo recommending Seminole County Judge Mark Herr as an alternate judge.

Motion by Commissioner Horan, seconded by Commissioner Carey, to appoint Seminole County Court Judge Mark Herr as an alternate judge on the 2016 Canvassing Board.

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

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Chairman Horan stated they can also appoint a local person as an alternate member to the Canvassing Board.  He noted it was suggested that local attorney, Paul Perkins, be appointed and that Mr. Perkins has served on the Canvassing Board in the past.

Motion by Chairman Horan, seconded by Commissioner Dallari, to appoint Attorney Paul Perkins as an alternate on the 2016 Canvassing Board.

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Chairman Horan pointed out the Commissioners will see on the Submissions List for this meeting that he received some good responses to the letter he was authorized to send with regard to the coordination effort they are seeking from Orange County and their objections specifically to the Sustany development (a/k/a Lake Pickett North) that went through the P&Z meeting. 

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Chairman Horan advised he received a request from staff and also from the Parks & Preservation Advisory Board to send a letter to the State to expedite the closing of a crucial gap in the trail.  Commissioner Dallari stated he would like to not only send a letter but to also reach out to the City of Winter Springs.  Chairman Horan noted the City is already on board, but he and Mayor Lacey will put on the appropriate pressure to get State Government to do the right thing.  Commissioner Dallari suggested they also ask the State lobbyist to get involved to which the Chairman advised he does intend to do that.

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The Board recessed the meeting at 10:37 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Chairman Horan who was absent, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Kyla Spencer, who were present at the Opening Session.

PROOF OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize the filing of the proof of publication for this meeting's scheduled public hearing into the Official Record.

     Districts 1, 3, 4 and 5 voted AYE.

PUBLIC HEARING

VASANT VATIKA SMALL SCALE LAND USE

MAP AMENDMENT AND REZONE/Babuji Ambikapathy

Agenda Item #32 – PH-2016-315

Proof of publication calling for a public hearing to consider approval of a Small Scale Future Land Use Map Amendment from Low Density Residential (LDR) to Planned Development (PD) and a Rezone from R-1A (Single-Family Residential) to PD (Planned Development) for an age-restricted, 40-unit senior living community on 6.45 acres, located on the south side of Center Drive, approximately 600 feet east of Sunset Road, Babuji Ambikapathy, received and filed.

Brian Walker, Planning & Development Division, announced that the applicant has requested a continuance to the August 9th Board of County Commissioners meeting.

Rosalie Bouley, 1936 South Drive, addressed the Board to state she has no problem with the continuance if they need more time to revamp their project, and she is in agreement with the continuance to August 9th if that need be.

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

Speaker Request Forms were received and filed.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to continue to August 9th at 1:30 p.m., or as soon thereafter as possible, the request to approve a Small Scale Future Land Use Map Amendment from Low Density Residential (LDR) to Planned Development (PD) and a Rezone from R-1A (Single-Family Residential) to PD (Planned Development) for an age-restricted, 40-unit senior living community on 6.45 acres, located on the south side of Center Drive, approximately 600 feet east of Sunset Road, as described in the proof of publication, Babuji Ambikapathy.

Districts 1, 3, 4 and 5 voted AYE.

DISTRICT COMMISSIONERS REPORTS

District 1

     Commissioner Dallari reported that a week and a half ago he was at a meeting about the I-4 rest stop, and Commissioner Constantine was there as well.  They heard a presentation from FDOT on options of different locations of where it could potentially be relocated in Volusia County.  He stated he has several concerns about that.  First of all, he is amazed at how long it is taking FDOT to come up with suggested locations.  He has even spoken to the District Secretary.  Commissioner Dallari expressed that in hearing all this stuff over the past year now, he believes the biggest issue that is out there that has not been addressed is the level of air quality at two existing rest stops.

     Commissioner Dallari opined it is interesting that when you ask FDOT for the level of air quality at the rest stop, they point to other agencies; when you go to those agencies, they point to FDOT and it goes back and forth.  No one yet has really taken ownership of monitoring air qualities around these rest stops.  He stated that is not the only concern, but probably one of the major concerns.  He would like to ask staff how they coordinate with FDOT and other agencies to get an air quality sampling at these two rest stops because what he is concerned about is the air quality relating to the residents that live adjacent to the rest stops.  Commissioner Constantine agreed.

     Commissioner Henley questioned if MetroPlan was in charge of that.  Commissioner Dallari informed him that MetroPlan is not in charge of that.  They take the data and have four different monitoring locations.  One is over by U.S. 17-92; two are on I-4, but they are in Orange County; and one is in Osceola County.  So MetroPlan will say that they are not their monitoring station, they just take the data.  Then when you go to the other agencies, everyone is looking at each other and no one is actually coming up to the plate.  Commissioner Dallari stated he would like for the County to come up to the plate and figure out how they get a week’s time of monitoring of the air quality around those areas.

     Commissioner Dallari mentioned that FDOT did tell the County that they are going to be putting up no parking signs on the shoulders where those rest stops are, and he would like to formally ask FDOT how they are going to be enforcing that because there are always tractor trailers parked on that shoulder where they shouldn't be.  Commissioner Dallari noted he is not opposed to truck drivers, where they go, or how they are supposed to be parking; but there is a finite amount of spots in those rest stops and he just wants everyone to be following the rules.  Commissioner Constantine added the issue is enforcement of parking and staying there more than three hours at a time.  Commissioner Dallari stated they are actually staying there over night, their diesel engines are running, and all the other things associated with diesel fumes are now going into those residential areas; and that is probably one of the biggest concerns out there.

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     Commissioner Dallari reported he was very appreciative of the Chairman for sending a letter to the Orange County Commission in regard to Lake Pickett North and the bridge over the Econ.  He thought the Chairman did a very nice job in expressing the County’s concerns.  He reminded that the Board is opposed to the crossing of the Econ and thinks that they need to be showing more support.  Commissioner Dallari added that he spoke with the County Manager and he plans on going to the Orange County Commission’s afternoon meeting on June 14th when the item is going to be heard.

     Nicole Guillet, County Manager, noted that June 14th is a Board day for this County as well; however, there is nothing scheduled for the afternoon session at this time.  Her understanding is if the agenda remains in that status, Chairman Horan intends to attend the Orange County Board of County Commissioners meeting to read the letter into the record on behalf of Seminole County.  Commissioner Dallari stated that is perfect, but he plans on going to show support for not just the letter but also for the Chairman, and he wanted this Board to know that he was going.  Ms. Guillet said that staff will make sure that everyone on the Commission has the agenda and schedule so they will know when it is going to appear before the Orange County Board of County Commissioners on the 14th of June in their afternoon session, and staff will get them more information on that as it comes in. 

     Commissioner Dallari mentioned that the Board asked the County Manager to reach out to the City of Oviedo because they are waiting for the County's letter, which has been written, and he does not know what the status of that is.  He has heard from a couple city council members that they are following the County's lead, and he wants to make sure that they are following through with it.  Ms. Guillet responded they received a copy of the letter last week, both the Mayor of Oviedo as well as the City Manager.  Her understanding is that they were looking at doing a Resolution mirroring some of the County's concerns.

District 3

     Commissioner Constantine reiterated what Commissioner Dallari indicated on the I-4 rest area and added that FDOT needs to come up with a plan of action.  They have five locations, and they are all in Volusia County; and just by looking at them, you could pick them out.  He stated he knows that they have some more studies going on, but hopefully they will come to a definitive conclusion as to which area they are going to market because that is the ultimate solution.  The enforcement is important, the air quality at this point is important, but the ultimate solution is just to have those rest areas moved.  Commissioner Constantine claimed the County will continue to monitor that and believes the citizens are doing an excellent job in doing that as well.

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     Commissioner Constantine stated if he has the opportunity, he would like to be at the Orange County Commission meeting on June 14th.  He can see the frustration of Orange County citizens and Seminole County citizens in what they feel to be the lack of concern and lack of the Orange County Board listening to their relevant points.  Commissioner Dallari mentioned he would like to thank Rebecca Hammock, Planning & Development, for reading the letter into the minutes.  He heard that she did a very nice job.  Commissioner Constantine agreed, and stated she had a very limited time to read the letter in its entirety, that is why he walked up and said the Commission and citizens of Seminole County firmly support that letter.  He thinks it is important that the County shows strength, so he will be at the meeting if possible.

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     Commissioner Constantine reported he would like to make the other Commissioners aware that the folks of the Bear Lake Preservation area are quite concerned about a potential rezoning that is going up against their border.  He thinks it is interesting because it is going from industrial, which they have no problem with, to multi-family.  The zoning has been there for quite a while, and they feel comfortable with that zoning.  Commissioner Constantine pointed out that the concerns that they have when it comes to the high-density, multi-family are mostly related to the potential harm of the roadways as well as the lake.  It is certainly not something that is an immediate concern, but they have already reconstituted their Bear Lake Preserve Preservation Association and they have gone to two public meetings out in that area.

     Commissioner Constantine mentioned the County had a staff member at a meeting, but that staff member was there more to report on the County's water quality of Bear Lake.  He noted the County might want to get their own development folks interested or at least looking at that particular project.

 

District 4

     Commissioner Henley stated he has a report on Lynx.  Susan Black, who has been acting temporarily as the CEO, has resigned her position and is no longer an employee of Lynx.  He announced that last Friday at the Lynx Board meeting, the board made their decision regarding the new CEO and it was unanimous that the position be offered to Edward Johnson, who is currently the General Manager of the Atlanta Transit Authority.  Commissioner Henley added that the contract has been agreed to and his first day will be May 9th.  He noted Mr. Johnson has worked at Lynx for 13 years, and he has been the General Manager in Atlanta the last three years.  Commissioner Henley stated Mr. Johnson came highly recommended and the vote was unanimous.

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     Commissioner Henley reported that Lynx has declared impasse and has notified the Union that they have notified the State that they are at impasse.

District 5

     Vice Chairman Carey reported that the Public Works Director, Jean Jreij, informed her that the SW Road ditch project will start construction the first week of May.  She has asked him to make sure that he puts signs up on both ends of the project so that people will know to make alternate choices.  She noted she is excited to see that project start.

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     Vice Chairman Carey reminded everyone that it is Administrative Professionals Week, and she thanked the administrative staff at the County as well as her assistant Sam Tucker.

 

COUNTY MANAGER’S REPORT

     Ms. Guillet reported that the County received a request from the Regional Planning Council for a letter of support for a grant they are pursuing through the Department of Economic Opportunity.  She doesn't know the exact dollar amount, but it is up to $40,000.  The Regional Planning Council would like to pursue a project where they do a comprehensive map of all of the trail facilities within Seminole County, both County and city trail systems, to identify where there are some opportunities to make additional connections.

     Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve a letter of support as discussed above to the Regional Planning Council for a grant through the Department of Economic Opportunity.

     Vice Chairman Carey questioned, since it is a time sensitive matter and she doesn’t know when Chairman Horan will be back, whether the letter will go under the County Manager’s signature; and Ms. Guillet responded she can send it on behalf of the Board.

     Districts 1, 3, 4 and 5 voted AYE.

COUNTY ATTORNEY’S REPORT

     Mr. Applegate thanked the Board for their support the past week at his father's funeral.  He gave a special thanks to the Deputy County Attorney, Lynn Porter-Carlton, for doing a marvelous job and working with Mr. Jreij on a case the County inherited many years ago.  He believes they worked well together to get a very good settlement on a complicated matter.

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed:

1.    Letter dated April 11, 2016, from Dominic Persampiere, Mayor of the City of Oviedo, to Chairman Horan re: Future Widening of SR 417.

 

2.    Letter dated April 12, 2016, from Chairman Horan to Stan Austin, SW Regional Director, National Park Service, re: Appointment of Jim Duby and Reappointment of Shannon Wetzel to the Wekiva River System Advisory Management Committee.

 

3.    Letter dated April 12, 2016, from Chairman Horan to George Speake, Executive Vice President/COO, Airport Security Coordinator, re: Appointment of Matt Davidson to the Sanford Aviation Noise Abatement Committee.

 

4.    Letter dated April 12, 2016, from Sandra J. Smith, Community Development Director, City of Casselberry, to Chairman Horan re: Casselberry CRA Annual Report 2014-2015.

 

5.    Letter dated April 15, 2016, from Pat Bates, Mayor, and Franklin W. Martz, II, City Manager, City of Altamonte Springs, to Chairman Horan and County Manager Nicole Guillet re: Request to Transfer and Manage 3rd Generation Sales Tax Major Projects, Increase Local Responsiveness and Save Taxpayer Funding.

 

6.    Copy of a letter dated April 19, 2016, from Erica Goshleski, Regulatory Scientist I, Division of Regulatory Services, St. Johns Water Management District, to David W. Martin, P.E., Public Works, re: Cross Seminole Trail Phase III, Application No. 95247-11.

 

7.    Letter dated April 19, 2016, from Chairman Horan to Teresa Jacobs, Mayor, and Orange County Commissioners re: Sustany (aka Lake Pickett North) Development Proposal.

 

8.    Letter dated April 20, 2016, from Taylor Teepell, Director, Division of Community Development, Florida Department of Economic Opportunity, to Chairman Horan re: Completed review of comprehensive plan amendment for Seminole County (Amendment 16-1ESR).

 

ITEMS FOR FUTURE AGENDA

     John Stewart, 693 Wyckliffe Place, addressed the Board to state he is present on behalf of the Tuskawilla Springs HOA.  His neighborhood is located off of Tuskawilla Road, just north of the Red Bug Lake Road intersection.  Mr. Stewart stated he would like to notify the Board of the appalling condition of the roads in his subdivision.  He stated that according to Michael Garcia, Public Works, there is no record of the roads ever being resurfaced.  Mr. Stewart pointed out that in the Sunrise neighborhood just a few miles away, the County just completed a resurfacing there and the roads were resurfaced five or six years ago as well.  He explained that the County did redo the gutters about five years ago; and according to the HOA board members involved at that time, the County was supposed to come back and resurface and fix all the unsightly patchwork where the road butts up against the gutters, but that never happened.  Mr. Stewart discussed the constant potholes, patches, and uneven sidewalks that create a safety hazard.  He mentioned the 1% sales tax increase.  He noted the homes in his neighborhood are worth about $350,000 on average. 

     Mr. Stewart stated he is coming to the Board to hopefully get a road crew out to his subdivision in the near future.  He added he is a taxpayer and is entitled to safe, reasonable looking roads.  Vice Chairman Carey stated the County Manager and Public Works Director were taking notes, and Ms. Guillet affirmed she will have staff out there to take a look either today or tomorrow.  Vice Chairman Carey mentioned for the general public that while the Board represents countywide, they also represent a district; so if you don't get a response from a staff person, the next call is to your District County Commissioner to bring the issue to their attention so they can properly direct it.

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     James Peterson, 102 Foxridge Run, addressed the Board to state he is a disabled person who has lived in Seminole County for 33 years.  He discussed what rights he believes he should have in regard to medical marijuana and that he believes the County could profit from the sale of medical marijuana.

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     Henry Jaeger, 1215 Baypoint Court, addressed the Board to discuss the I-4 rest areas and asked the Board for “backing” in getting FDOT to move forward on the closures.  He explained he received an email from FDOT that said they can’t do anything in terms of letting the public know when they will close the rest areas until they finish another study.  Mr. Jaeger feels it has become a matter of study after study and he is tired of the excuses.  He thanked Commissioner Henley for the call to the Sheriff’s Office to start patrols of the rest areas.  Mr. Jaeger discussed the parking issues along I-4 near the rest areas.  He closed by asking the Board to keep pressure on FDOT regarding the issue.

     Speaker Request Forms were received and filed.

     Vice Chairman Carey stated there was a request from the Commissioners for County staff to reach out and try to put more pressure on FDOT, and they will continue to do that.  She mentioned that when Mike Snyder was District Secretary they had located one side of SR 44 for a truck facility and the Board thought it was moving then; but as is the tradition of the Commission, they will continue to keep the pressure on.  Commissioner Dallari noted that is the reason he is asking for an air quality study.        -------

     There being no further business to come before the Board, Vice Chairman Carey declared the meeting adjourned at 2:06 p.m., this same date.

 

ATTEST:______________________Clerk_____________________Chairman

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