BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

May 14, 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, May 14, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman Brenda Carey (District 5)

     Vice Chairman Jay Zembower (District 2)

     Commissioner Robert Dallari (District 1)

     Commissioner Lee Constantine (District 3)

     Commissioner Amy Lockhart (District 4)

     Chief Deputy Clerk of Court Brent Holladay

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerks Chariti Colón and Terri Porter

 

 

     Reverend Tom Eggebrecht, Ascension Lutheran Church, Casselberry, gave the Invocation.  Commissioner Zembower led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for 3DMYLIFE was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2019-xxxx

      Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Corporal Bernard L. Johns, United States Army, Retired, as the May 2019 Veteran of the Month.

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

Agenda Item #2 – 2019-1370

     Motion by Commissioner Zembower, seconded by Commissioner Dallari, to adopt a Proclamation proclaiming May 27, 2019, as Memorial Day in Seminole County.

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

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Agenda Item #3 – 2019-xxxx

     Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming May 2019 as “Older Americans Month” in Seminole County.

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

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Agenda Item #4 – 2019-xxxx

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve appropriate Resolution #2019-R-73 recognizing Peggy Grundy for her service to the citizens of Seminole County.

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

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Agenda Item #5 – 2019-xxxx

     Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt a Proclamation proclaiming May 2019 as Children’s Mental Health Awareness Month Seminole County.

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

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Agenda Item #6 – 2019-xxxx

     Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming May 19th – 25th, 2019, as Emergency Medical Services Week in Seminole County.

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

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Agenda Item #7 – 2019-1372

Dennis Lemma, Seminole County Sheriff, addressed the Board regarding the Opioid Epidemic and stated in 2018 there were approximately 650 overdoses and 450 deployments of naloxone or Narcan, which is an opioid antagonist that gives somebody 90 minutes of life.  As a result of an opioid-related overdose, 62 Seminole County citizens died in 2016, 83 citizens in 2017, and 82 citizens in 2018.  He explained if you combined every death resulting from an act of intentional or accidental gun violence with every death resulting from an automobile accident or crash, that total is less than half of the amount of people who have died from an opioid-related overdose; and the amount of people who are dying of opioids is more than six times the amount of people who were dying at the height of the crack cocaine epidemic.  

The Sheriff summarized the history of illegal drug dealing noting that in the 1960s and 1970s it was largely marijuana and heroin.  In the 1980s and the 1990s, it was the international drug trade of cocaine.  In the 1990s, there was methylenedioxy, methamphetamine, and MDMA, which was commonly known as ecstasy; and there was also flunitrazepam and Rohypnol, which was commonly known as roofies.  Then designer drugs like bath salts came in, which are drugs that chemists in labs across the world tweak to make sure they remain off of the prohibited, illegal list of drugs.  

The Sheriff expressed legalized drug dealing has also been occurring.  He explained Purdue Pharmaceuticals put Oxycontin on the market and an unprecedented thing happened with the Food and Drug Administration.  Curtis Wright with the FDA, who later worked for Purdue Pharmaceuticals marketing Oxycontin, went on record and made a statement that because of the slow release formula of Oxycontin it was less than .5% likely to become addictive if used properly.  The Sheriff stated the executives at Purdue knew, however, it wasn't being used properly because they heard from him, his peers across the country, medical doctors, and addiction specialists that people were watering it down, soaking it, melting it, and using it almost like pure heroin; and Purdue did nothing.  Three of the top executives at Purdue were found guilty in federal criminal court and issued to pay out a multimillion dollar settlement, and they were also individually sued and had to pay millions of dollars. 

The Sheriff explained as states throughout the country realized people were dying at record numbers from opioids, they created a monitoring system that determined how many pills a doctor was prescribing and how many pills a patient was receiving; but Florida was a little late in the game when it came to that.  When people from other states found out that Florida was the only state in the southeastern area without a monitoring system, they would travel here.

The Sheriff commented that 85% of the people who are now addicted were at one time legally prescribed the drug by a doctor for a legitimate preexisting medical condition.  He mentioned if the doctor decided to wean a patient off of the opioid, the patient could just walk to the business next door and tell them they had a back injury and they would be given whatever they needed. 

The largest pill provider in the state was American Pain located in Broward County, South Florida.  At one time, 90% of the prescription pills across the country were prescribed out of American Pain, which then opened the door for 850 pill mills across the state.  Thirteen of those pill mills were in Seminole County.  The Sheriff stated one was close to the Sheriff's Office.  He recalled driving by at 8:00 in the morning and seeing a person in battle dress uniform with security printed on the back of his shirt who was walking up and down a line of nearly 500 people who had become addicted.  

The Sheriff stated people would travel from other states and go to homeless camps in South Florida.  They would find 50 to 100 people inside the homeless camps and take them to a tractor trailer that was in the parking lot of an adult entertainment establishment right across the street from American Pain, and they would be marched through a portable MRI system that operated in the back of the tractor trailer truck.  The only direction given was to scan people's backs until you find something that looks like it could be painful.  When you find that, stop and give me the MRI.  They would take all of those homeless people, walk them through the pain clinic, and show the MRIs.  At the time, prescriptions could still be filled at that location.  The legalized drug dealers would give every homeless person a $100, take all of their pills, and say I'll see you in about three or four days.

In 2001, Florida Attorney General Bob Butterworth created a lawsuit against Purdue Pharmaceutical.  As a result of a settlement agreement, $2 million was set aside to create the prescription pill monitoring system.  It was much later than that before Florida took advantage of those opportunities under the leadership of Attorney General Pam Bondi.  Recently, Governor Ron DeSantis and Attorney General Ashley Moody toured the state and talked to citizens and saw the devastation that this has created, and they have made it a priority. 

The Sheriff stated Attorney General Ashley Moody asked him to chair her opioid working group to evaluate best practices across the state to come up with a comprehensive long term strategy to combat this.  And in order to do that, he did not have to look very far, because he felt the chemistry, relationship, and ability to collaborate here as a county with the elected officials and community leaders and faith based community created the perfect atmosphere and environment to talk about best practices and implement some of the strategies to combat this. 

The Sheriff stated his office has put together the SCORE Team, Seminole Collaborative Opioid Response Effort.  They immediately respond to every single overdose in Seminole County to help that person navigate the course to recovery.  He commented this is not a situation of trying to make bad people good but rather sick people well, and this is not a soft-on-crime approach.  He mentioned 13 individuals have been charged in Seminole County with first-degree murder for dealing deadly doses of narcotics to citizens. 

The Sheriff explained heroin is coming in from Mexico and synthetic heroin, fentanyl and carfentanil, is coming in from China.  In order to increase profits, drug dealers take the heroin from Mexico and mix it with synthetic fentanyl or carfentanil from China, which results in the most powerful drug that has ever been on the street.  He noted that fentanyl, synthetic heroin, is 100 times more potent than morphine and 50 times more potent than heroin.  Carfentanil is 100 times more potent than fentanyl.  He explained just a couple of grams of carfentanil would kill everybody in chambers just based on breathing and exposure to it, which is why it has caused deaths at unprecedented numbers. 

The Sheriff announced Captain Sandy Gibson has returned to the Sheriff's Office from retirement to serve as "Countywide Drug Czar."  They have released a housing unit inside of the correctional facility that takes every person who has committed an offense and puts them through therapy and treatment on the inside. 

He explained opioid addiction has to be treated as a medical illness and requires medically assisted treatment, not just abstaining, and there are three popular remedies.  One is methadone, but you can still misuse methadone and it has a street value for certain people.  Second is Suboxone or buprenorphine, which presents a very promising future.  And then what is used in prisons and jails quite often is Vivitrol.  The Sheriff noted one dose of Vivitrol, which lasts 28 days and blocks the opioid receptors in the brain that creates cravings, costs about $1,800 a dose.  He added there is an opportunity to work with local, state, and federal partners to help offset the cost and create a regimen for people. 

The Sheriff stated they are looking to create a drug assessment center for people who are navigating the course to recovery, both those who have had contact with law enforcement and those who have not had contact with law enforcement.  He would like to work with staff to explore some options with what they can do with some preexisting space in the building that is currently used for the probation office.  He stated he is not asking for expansion or to spend more money. 

The Sheriff commented that families are being devastated.  One out of every ten people are genetically prone to addiction and they just don't know it.  He stated the frontal cortex of the brain that deals with decision-making is directly affected by prolonged and extended misuse of an opioid.  He opined our greatest contribution is to protect and preserve human life.  In the 27 years that he has been at the Sheriff's Office, he has been through the wild fires, tornadoes, international trials, and all of those things that have been experienced here as a county.  He stated nothing has taken human life as much as this.  This is not a situation of somebody who is living under the overpass who started with marijuana and eventually evolved into heroin.  These are military veterans, college athletes, people who live next door to us and live common, normal, everyday lives.  They need help beating this addiction.  The Sheriff stated he would yield to the Board for any questions or comments. 

Commissioner Dallari clarified with the Sheriff he is asking to work with staff to re-purpose some space.  The Sheriff added he is asking for that to occur in a very expedited manner.  There are other stakeholders that are willing to partnership, such as local hospitals and facilities, so he is asking for help to re-purpose the use of the probation office as a first step in building a drug assessment center.  That is the first request.  Commissioner Dallari stated he did not see any reason why they can't expedite the request and try to move forward with that.  Commissioner Zembower and Commissioner Lockhart thanked the Sheriff and voiced their support for his request.  

Chairman Carey stated what she is hearing from the Board is they will give direction for the County Manager to immediately work to help convert the facilities that the Sheriff already occupies for probation as a treatment assessment center.  No objections were voiced.  She commented she doesn't know what that involves, but both the County and the Sheriff's Office have facility folks.  The Chairman confirmed with Ms. Guillet that she had all the direction that she needed to understand what the Board is looking for.

The Sheriff commented as a follow-up that many people start this because they're searching for the euphoria or the relief of pain; but what happens is they become dope sick, and they cannot function unless they get that daily dose of opioid.  What they are seeing is not necessarily people who are trying to get high anymore.  Everyone is predicting that the numbers will climb.  Last year, 74,000 people across the country died and 17 people a day across the state of Florida. 

Commissioner Dallari advised the Sheriff that this is not the first time they have discussed this as a Board.  They have instructed the County Attorney's Office to get involved on the legal side of it, and they are taking that approach as well, so they are looking at this from different aspects.  The Commissioner added he thinks it is appropriate they are partnering on many different aspects of this from different directions. 

Commissioner Constantine thanked the Sheriff for his presentation and framing the issue so well from all the way in the beginnings in the 1960s.  Chairman Carey recalled working with Sheriff Eslinger about the pill mill crisis.  She commented they rely on the Sheriff's Office to bring them the issues that need to be addressed by the Board. 

Chairman Carey recessed the meeting at 10:44 a.m., reconvening at 10:56 a.m.

CONSENT AGENDA

County Manager Nicole Guillet requested Item #16, County surplus property located at 997 East Altamonte Drive, be continued to the afternoon session as it is related to Item #45, Amendment to the Fire and Emergency Medical Services Agreement between Seminole County and the City of Altamonte Springs for the purpose of relocating Fire Station 11.  Chairman Carey commented that Item #45 had no legal description, parcel identification, or exhibit attached to the Agreement indicating what the 1.38 acres entails, so she has asked the County Attorney’s Office to provide the exhibit before the item is heard this afternoon.

Ms. Guillet announced that Item #40, Purchase Agreement for Rosenwald Exceptional Student Education School, has been pulled from the agenda and continued to the June 11, 2019, meeting.  The Chairman commented that the reason it is being continued is the document was not as thorough as it needed to be.   Commissioner Lockhart noted there were several members of the community in attendance for this item and requested they have an opportunity to speak if they wish.  Chairman Carey responded if anyone would like to speak on Rosenwald, they will be allowed to do so as long as they understand the item is not going to be voted on until June.

Commissioner Zembower requested that Item #10, Plat for the Estates at Wellington, be pulled for a separate discussion. 

Chairman Carey requested that Item #12, Amended and Restated Memorandum of Understanding regarding the Nygren Carriage Collection Exhibit, be pulled for a separate discussion.

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

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

Community Services

Community Development Division

 8.  Approve and authorize the Chairman to execute the First Amendment to Medical System of Care Agreement with The Health Council of East Central Florida to provide outpatient medical health treatment services to uninsured and underinsured residents of Seminole County for either free or at a reduced-cost basis.  (2019-1351)

 9.  Approve and authorize the Chairman to execute the Neighborhood Stabilization Program Rental Property Management Agreement between Seminole County and Grand Avenue Economic Community Development Corporation to provide affordable rental housing for households transitioning from homelessness in Seminole County.  (2019-1369)

 

Development Services

Planning and Development Division

10.  Pulled for a separate discussion.

11.  Approve the Minor Plat for The Grove subdivision containing two (2) lots on 15.06 acres zoned C-2 (Retail Commercial), located on the north side of W. SR 426, west of Howell Branch Road.  (2019-1365)

 

Leisure Services

Parks and Recreation

12.  Pulled for a separate discussion.

 

Public Works

Engineering Division

13.  Approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and the City of Oviedo relating to the Administration of City and County's Share of Funds under the One-Cent Local Government Infrastructure Surtax for Transportation Improvement Projects Located within the City in the amount of $2,212,000 for the Geneva Drive Extension and Realignment.  (2019-1280)

14.  Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $12,500 between property owner, Oaks Out, LLC, and Seminole County for property interests necessary for the construction and maintenance of a turn lane along a portion of Longwood-Lake Mary Road and West Lake Mary Boulevard.  (2019-1329)

15.  Approve and authorize the Chairman to adopt appropriate Resolution #2019-R-74; and authorize the Chairman to accept Warranty Deeds donated by Sheryl A. Landrio, f/k/a Sheryl A. Woodrow and Angel Crespo and Abigail Crespo to Seminole County related to the drainage improvements and continued maintenance of Virginia Avenue, south of East Hillcrest Street.  (2019-1361)

16.  Continued to the afternoon session the request to approve and authorize the Chairman to adopt a Resolution and execute a County Deed providing for the declaration of surplus of County property located at 997 East Altamonte Drive to the City of Altamonte Springs for intersection improvements at SR 436 and Ronald Reagan Boulevard (CR 427).  (2019-1344)

17.  Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $347,700 between property owner, The Pentecostal Church of God, Inc., and Seminole County for property necessary for the construction and maintenance of a stormwater retention pond located on the north side of Hillview Drive approximately 500 feet east of Mathews Road.  (2019-1363)

 

Resource Management

Budget Division

18.  Approve and authorize the Chairman to execute Amendment #1 to the Florida Department of Children and Families Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant that clarifies contract language for the Sheriff's Juvenile SNAP grant program.  (2019-1349)

19.  Approve and authorize the Chairman to execute a Grant Agreement with the U.S. Department of Homeland Security Federal Emergency Management Agency (FEMA) passed through from Florida Division of Emergency Management in the amount of $1,140,409.41 for the Curryville Road repair and debris removal from Hurricane Irma; and authorize the County Manager to sign all related modifications and forms to this contract.  (2019-1354)

20.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-76 implementing Budget Amendment Request (BAR) #19-054 in the amount of $14,980.74 for increase revenue of subsequent release of additional grant funds for the CSBG from the State of Florida Department of Economic Opportunity.  (2019-1346)

21.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-77 implementing Budget Amendment Request (BAR) #19-057 in the amount of $270,207 through the CSBG Fund in acceptance of a Notice of Grant Award from the State of Florida Department of Economic Opportunity 2019-2020 grant award; and authorize the County Manager to execute all grant-related documents.  (2019-1355).

Parks and Recreation Division

22.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-78 implementing Budget Amendment Request (BAR) #19-058 in the amount of $46,891 through the Tourism Sports 4 & 6 Cent Fund for the purchase of 29 pitching mounds at the Boombah Sports Complex.  (2019-1362)

Budget Division

23.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-79 implementing Budget Amendment Request (BAR) #19-059 to restructure and reallocate funding in FY 2018/19 for various capital projects in the Water and Sewer and Solid Waste Funds transferring a total of $1,385,000 to Reserves in the 40108 Water and Sewer Capital Fund.  (2019-1359)

Purchasing and Contracts Division

24.  Approve and authorize the Chairman to award IFB-603432-19/PJC, Term Contracts for Electrical Services for Residential Properties, to Yang Inc., d/b/a SEMCO Electric Co., Orlando; T North d/b/a Aurora Electric, Sorrento; and Doc Watts Electric, Orlando; and authorize the Purchasing and Contracts Division to execute the Agreements.  (2019-1336)

25.  Approve and authorize the Chairman to award IFB-603433-19/PJC, Term Contracts for HVAC Mechanical Residential Properties, to BNL Contractors, LLC d/b/a Ameritech A/C & Heating, Orlando; Climate Control Mechanical Services, Ocala; Supa Air and Heat, Inc., Hollywood; and M & J Enterprises International, Inc., Winter Park; and authorize the Purchasing and Contracts Division to execute the Agreements.  (2019-1335)

26.  Approve and authorize the Chairman to award IFB-603436-19/PJC, Term Contracts for Plumbing Services for Residential Properties, to M & J Enterprises International, Inc., Winter Park; and Pat Lynch Construction, Orlando; and authorize the Purchasing and Contract Division to execute the Agreements.  (2019-1341)

27.  Approve and authorize the Chairman to approve Sole Source Procurement SS-603501-19/ESN for the purchase of Key TRU-ID 2.5 Fire Hoses in the amount of $120,000; and authorize the Purchasing and Contracts Division to solicit bids after approval of the "brand name" only procurement.  (2019-1352)

28.  Approve and authorize the Chairman to approve a Sole Source Procurement SS-603377-18/ESN for the purchase of Chest Compression Systems to Physio-Control, Inc., Redmond, WA, in the amount of $346,912.50; authorize the Purchasing and Contracts Division to issue a Purchase Order; and approve and authorize the Chairman to execute appropriate Resolution #2019-R-80 implementing the Budget Amendment Request (BAR) #19-049 through the Fire District Funds in the net amount of $28,603 to increase the existing budget.  (2019-1309)

29.  Approve and authorize the Chairman to award RFP-603430-19/BJC, Term Contract for Household Hazardous Waste (HHW) Program, to AERC Acquisition Corporation d/b/a AERC Recycling Solutions - A Clean Earth Company, West Melbourne; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2019-1357)

30.  Approve and authorize the Chairman to award CC-2343-19/GCM, Water Distribution System Rehab & Replace Sunrise Subdivision, with SanPik, Inc., Lake Mary, in the amount of $230,250; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2019-1331)

31.  Approve and authorize the Chairman to award IFB-603397-19/TLR, Term Contract for Large and Main Facility Landscape Maintenance, to BrightView Landscape Services, Inc., Longwood, for the estimated annual amount of $267,155; and authorize the Purchasing and Contracts Division to execute the agreement.  (2019-1323)

32.  Approve and authorize the Chairman to approve Work Order #43 for Sanlando Estates Sidewalks Phase II under PS-0009-15/RTB, Design Services for Public Works Minor Projects Less Than $2,000,000, with Inwood Consulting Engineers, Inc., Oviedo, in the amount of $154,473.56; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2019-1347)

33.  Approve and authorize the Chairman to approve Work Order #44 for Spring Lake Watershed Drainage Improvements under PS-0009-15/RTB, Design Services for Public Works Minor Projects Less Than $2,000,000, with Atkins North America, Inc., Orlando, in the amount of $144,839.35; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2019-1348)

34.  Approve and authorize the Chairman to approve Work Order #3 for Grace Lake Flood Rehabilitation Improvements - Final Design Phase under PS-0121-15/RTB, Subdivision Rehabilitation Program Consultant Services Agreement, with Singhofen & Associates, Inc., Orlando, in the amount of $184,702.29; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2019-1342)

35.  Approve and authorize the Chairman to approve Work Order #11 for CEI Services for Markham Woods Gravity Wall Rehabilitation under PS-1832-18/AEJ, Continuing CEI Services for Construction Less than $2,000,000, with England-Thims & Miller, Lake Mary, in the amount of $138,307.38; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2019-1321)

36.  Approve and authorize the Chairman to approve Work Order #42 for Variable Message Signs, VMS, six locations, under PS-0009-15/RTB, Continuing Consultant Services Agreement Design of Minor Projects with Construction Costs less than $2,000,000, with Pegasus Engineering, LLC, Winter Springs, in the amount of $134,815.94; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2019-1330)

 

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

 

Consent Agenda Item #10 - 2019-1356

Estates at Wellington Final Plat

Commissioner Zembower stated he has been following this since Planning and Zoning.  He commented it looks like the applicant and the engineers have got everything worked out with the community.  There is some concern about the new drainage design, and everybody in the community at this point is taking on good faith that the drainage is, in fact, going to be handled; but they still have some concerns of not truly understanding what is going to happen there.   Chairman Carey noted this is a request to record the Plat, and the drainage will be done at final engineering.

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve and authorize the Chairman to approve the Plat for the Estates at Wellington single-family residential subdivision containing twenty-six (26) lots on 36.79 acres zoned PD (Planned Development), located on the south side of Mikler Road, approximately one mile south of Red Bug Lake Road.  (2019-1356)

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

Consent Agenda Item #12 - 2019-1364

Nygren Carriage Collection Amended Memorandum of Understanding

Chairman Carey stated there is always some confusion about the Historical Society and the Historical Commission.  She explained the Board of County Commissioners appoints members to the Historical Commission to be an advisory board to them.  The Historical Society is a separate corporation, which is privately run, and Don Epps is the current president. 

This item ties back to Mr. Nygren's buggy collection which the County is agreeing to take.  As a part of this, it has that they are applying for a grant, and there is discussion that there is County money to be allocated as a match for that.  The Chairman expressed the Board has not had a discussion to say they are doing that.  It was her understanding the Board said that the Historical Society and Historical Commission would raise any money needed to be able to move this collection forward. 

Ms. Guillet explained this item simply deals with the storage of the buggies, and it references the original agreement with them that they needed some documentation that if they could raise the money to retrofit one of the county buildings over at Five Points they could use that for the display of the buggies, so that reference to the grant just refers back to that agreement. 

Ms. Guillet commented she had an item under the County Manager Briefing this morning to talk to the Board about a request the County had received to be the applicant for a grant that would require a $55,000 match.  There had been a commitment by the Historical Society and the Historical Commission to provide that match, and staff has talked with Mr. Epps.  It will actually be the Historical Society applying for the grant, so the County won't be a party to it.  She expects there will be a request to use some of the money that is in the donation line for the Historical Museum.  She believes that is where the Historical Commission thought the additional match money would come from, but that is money that the Board would have to allocate.  It is not part of this agreement and not related to this at all.  The County will not be the applicants on the grant.  However, if there is a desire for them to use some of that donation money as a match, it would have to come back to the Board as a separate action. 

Chairman Carey stated the reason she pulled the item to talk about it is she does not want the Historical Society pursuing something that they think they have access or control of the funds that have been donated to the County.  She is having this discussion publicly so that everybody is aware of what will need to happen in order for any funding to come from the County.  Ms. Guillet commented the Historical Society may have their own funds, but the Historical Commission does not.  Chairman Carey opined there is some confusion among staff about which is which and who has control of what, but none of the advisory boards have the ability to commit County funds.  The Board of County Commissioners is the board that has the ability to do that.  She stated she just wanted to clarify that to make sure everybody is all on the same page. 

Motion by Chairman Carey, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute the Amended and Restated Memorandum of Understanding between Seminole County, the Seminole County Historical Commission, and the Seminole County Historical Society, Inc., for possession and storage of the Nygren Carriage Collection Exhibit.  (2019-1364)

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

Clerk & Comptroller’s Consent Agenda Item #37 – 2019-1360

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve Expenditure Approval Lists April 8, 15, and 22, 2019; Payroll Approval List dated April 18, 2019; and the BCC Official Minutes dated March 26 and April 9, 2019.  (2018-1360) 

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

 

Clerk & Comptroller’s “Received and Filed” Documents

1.    Florida Public Service Commission Order Approving Duke Energy Florida, LLC’s LS-1 Rate Schedule Modifications #PSC-2019-0100-TRF-EI re: Petition for approval of modifications to rate schedule LS-1, lighting service by Duke Energy Florida, LLC, Docket #20190023-EI, issued March 13, 2019.

 

2.    Florida Public Service Commission Consummating Order #PSC-2019-0125-CO-EI re: Petition for approval of modifications to rate schedule LS-1, lighting service by Duke Energy Florida, LLC, Docket #20190023-EI, issued April 8, 2019.

 

3.    Florida Public Service Commission Order Suspending Proposed SolarTogether Program Tariff #PSC-2019-0143-PCO-EI re: Petition for approval of FPL SolarTogether program and tariff by Florida Power & Light Company, Docket #20190061-EI, issued April 22, 2019.

 

4.    Florida Public Service Commission Order Granting Florida Public Utilities Company’s Petition for Approval of Revised Transportation Imbalance Tariffs #PSC-2019-0153-TRF-GU re: Petition for authority for approval of revised transportation imbalance tariffs by Florida Public Utilities Company; Florida Public Utilities Company-Ft. Meade, Docket #20190036-GU, issued April 24, 2019.

 

5.    Homelessness Partnership Agreement Fiscal Year 2018-2019 with Health Care Center for the Homeless, Inc. (as approved by the BCC on December 11, 2018).

 

6.    Customer Agreement for Reclaimed Water Rates with National Retail Properties, LP for the project known as TopGolf.

 

7.    Conditional Utility Agreement for water, wastewater, or reclaimed water services with RaceTrac Petroleum, Inc. for the project known as RaceTrac (Slavia Road).

 

8.    Bill of Sale accepting water and sewer systems for the project known as Meadows at Hawk’s Crest Phase 2; Taylor Morrison of Florida, Inc.

 

9.    Unauthorized Commitment Memorandum dated April 2, 2019, from Jim Beach, Roads-Stormwater Division Manager, to Nicole Guillet, County Manager, regarding unauthorized purchase in the amount of $3,588.48. 

 

10.    Certificate of Costs of Abatement for Barbara Hydanus c/o Living Seniors Assisted Living, for property located at 121 Spring Valley Loop, in the amount of $1,166.13.

 

11.    Cash Maintenance Bond for the project known as Brighton Estates, in the amount of $15,799; Private Road Maintenance Agreement; and Recording of Plats.

 

12.    Cash Maintenance Bond for the project known as International Parkway Freestanding Emergency Department (FSED), in the amount of $6,588.95; Paving and Drainage Improvements Maintenance and Escrow Agreement.

 

13.    Maintenance Bond #SU1156089 (Water and Sewer Facilities) for the project known as Meadows at Hawk’s Crest Phase 2, in the amount of $34,452.56.

 

14.    Recording of Plats for the Brighton Estates subdivision; Sun-Tec Builders, Inc.

 

15.    Developer’s Commitment Agreement #18-20500037 for the Woodsprings Hotel PD; Hallmark Equity Partners, LLC.

 

16.    Denial Development Order #19-30000017, 180 Tollgate Branch, Timothy Loughran.

 

17.    Approval Development Orders #19-30000025, 139 Rose Briar Drive, Jonathan and Alexandra Hilliard; #19-30000024, 1108 S. Black Acre Court, Frederick and Elizabeth Parker (Stroud); #19-30000023, 690 Lake Kathryn Circle, Jason and Lindsey Bickford; #19-30000022, 126 Duncan Trail, Jeffrey and Rebecca Ning; #19-30000021, 255 Tollgate Trail, Orion and Rachel Aldrich; #19-30000020, 203 Colonial Lane, Anthony Green; #19-30000019, 3509 S. St. Lucie Drive, Brian Csercsevits; #19-30000015, 894 Crows Bluff Lane, Susan Cash; #19-30000014, 201 Wessex Road, Richard and Kristin Miller.

 

18.    Parks Contracts for Services with Branson Mann and Ana Salazar; Assistant Tennis Pro Agreement with Robert Brinn; Tennis Developmental Instructor Agreement with Branson Mann.

 

19.    Tourist Tax Funding Agreement with Prospect Wire, Inc. for the NextGen Championship.

 

20.    Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch LLC for the Bownet Frenzy.

 

21.    Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc. for the April 50s and 60s Senior Softball Tournament.

 

22.    Work Order #41 to PS-0009-15 with Atkins North America, Inc.

 

23.    Work Order #40 to PS-0009-15 with Inwood Consulting Engineers, Inc.

 

24.    Closeout to Work Order #6 to RFP-1294-17 with Pat Lynch Construction, LLC.

 

25.    Change Order #2 to Work Order #10 to RFP-1294-17 with M&J Enterprises International, Inc.

 

26.    Change Order #2 to Work Order #11 to RFP-1294-17 with M&J Enterprises International, Inc.

 

27.    Work Order #14 to RFP-1294-17 with Dager Construction, Inc.

 

28.    Work Order #16 to RFP-1294-17 with M&J Enterprises International, Inc.

29.    Closeout to Work Order #7 to RFP-1294-17 with M&J Enterprises International, Inc.

 

30.    Work Order #11 to PS-1320-17 with Southeastern Surveying and Mapping Corp.

 

31.    First Amendment to CC-1391-17 with Central Florida Environmental Corp.; P&S Paving, Inc.; Ryan Fitzgerald Construction, Inc.; and Schuller Contractors, Inc.

 

32.    Work Order #6 to PS-1474-17 with S2L, Inc.

 

33.    Work Order #7 to PS-1522-18 with Tierra, Inc.

 

34.    Change Order #3 to CC-1525-17 with Florida Safety Contractors, Inc.

 

35.    Work Orders #5 and #6 to PS-1529-17 with Albeck Gerken, Inc.

 

36.    Change Order #3 to CC-1719-18 with CTR III Enterprise, Inc. d/b/a CEG.

 

37.    Second Amendment to PS-1822-18 with CH2M Hill Engineers, Inc.

 

38.    Work Order #10 to PS-1822-18 with CH2M Hill Engineers, Inc.

 

39.    Work Order #10 to PS-1832-18 with CDM Smith, Inc.

 

40.    Change Order #1 to CC-1918-18 with Seminole Masonry, LLC.

 

41.    Change Order #2 to CC-1988-18 with Construction Partners, LLC.

 

42.    PS-2225-19, Agreement for Professional Engineering Services, with Atkins North America, Inc.

 

43.    CC-2408-19, Construction Services Agreement, with Linton Enterprises, Inc.

 

44.    CC-2421-19, Construction Services Agreement, with Linton Enterprises, Inc.

 

45.    First Amendment to RFI-602205-17 with Ten-8 Fire Equipment, Inc.

 

46.    Sixth Amendment to IFB-602230-15 with Cypress Supply, Inc.

 

47.    Third Amendment to IFB-602373-15 with Ameriscapes Landscape Management Services, LLC.

 

48.    RFQ-603240-18, Mobile Concessions Services Agreements, with Nicole Isola d/b/a Ono Moku Shaved Hawaiian Ice and Ogia Khin Abshawis, LLC (as approved by the BCC on December 11, 2018).

 

49.    RFP-603348-18, Term Contract, with Housing and Neighborhood Development Services of Central Florida, Inc. d/b/a Hands of Central Florida, Inc.

 

50.    RFP-603424-19, Term Contract, with Pinel & Carpenter, Inc.

 

51.    IFB-603428-19, Term Contract, with The Ware Group, LLC, d/b/a Johnstone Supply.

 

52.    IFB-603428-19, Term Contract, with Tri-Dim Filter Corporation.

 

53.    IFB-603429-19, Term Contract, with Trafficware Group, Inc.

 

54.    Amendment #3 to Work Order #3 to PS-8827-13 with Metric Engineering, Inc.

 

55.    First Amendment to CC-9184-13 with Central Florida Environmental Corporation.

56.    Amendment #7 to Work Order #1 to RFP-9948-14 with CH2M Hill Engineers, Inc.

 

57.    Bids as follows:

 

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

CC-2343-19 from SanPik, Inc.; U.S. Water Services Corporation; Killebrew, Inc.; Affordable Development, a division of Driveways, Inc.; Valencia Construction Group, Inc.; Providence Construction & Development; Central Florida Environmental Corp.;

IFB-603429-19 from Trafficware Group, Inc.;

RFP-603424-19 from Pinel & Carpenter, Inc.; Eminent Valuations, PLLC;

IFB-603464-19 from 4MD Medical Solutions; Bound Tree Medical, LLC; Concordance Healthcare Solutions, LLC; Epic Medical Supply Corp.; Henry Schein, Inc.; IGMC Medical Technology Group; QuadMed, Inc.; Rece International Corp.; and

IFB-603397-19 from Trimac Outdoor; AmeriScapes Landscape Management Services, LLC; Quisqueya Landscaping Services, LLC; BrightView Landscape Services, Inc.; ASI Landscape Management.

REGULAR AGENDA

Agenda Item #40 – 2019-1371 (continued to June 11, 2019)

Chairman Carey announced she would like to hear any public comment on the Purchase Agreement for Rosenwald Exceptional Student Education School before moving onto the regular agenda items.

Jay Blackshear, 1231 Merritt Street, representing South Seminole Community Association for Progress and Apostolic Church of Jesus in Altamonte Springs, addressed the Board in support of this item and expressed the community’s desire to help in any way.

Public Comment Form received and filed.

Chairman Carey requested Ms. Guillet address some of the points Mr. Blackshear spoke about.  Ms. Guillet stated she has been working with Commissioner Lockhart.  The intent once the property is purchased is to do a request for proposal to look for partners to redevelop the site in a way that is beneficial to the community.  She stated she has started to put together the provisions of the request for proposals, and she has been using the We Care plan that Renaissance did.  There is also an element for community participation.  She stated her recommendation to the Board would be to also include members of the community on the selection committee for the proposal.  It has been communicated to her that the Board wants to address the community needs with that site if the County does purchase and redevelop it.

Chairman Carey commented the only reason this item is not on today’s agenda is because there were some technical issues with the contract that were not finished and they do not want to rush into it.  She added once the contract closes, Commissioner Lockhart and Ms. Guillet will continue to work with the community to bring things to the Board that will truly represent the entire community.  Commissioner Lockhart thanked Mr. Blackshear and the other community members for their patience and attendance at the meeting.

 

 

Agenda Item #38 – 2019-1314

Tricia Johnson, Economic Development and Community Relations Chief Administrator, addressed the Board to present the request as outlined in the agenda memorandum.  She added the County’s return on investment for this project is approximately three years.   When considering all taxing jurisdictions at city, county, and schools, the ROI time frame is reduced to less than a year.  The City of Sanford voted to support this Jobs Growth Incentive at their City Commission meeting on May 13, 2019.  Ms. Johnson stated David Jakubs, CEO of ACME Glass, and Bob Turk, City of Sanford, were in attendance.

Commissioner Constantine commented this is the type of project that they are looking for.  It is a very minor investment for a very large return, and the return on investment is very short.  Commissioner Lockhart stated she would like to know from all the cities what their goals, target markets, and priorities are moving forward.  Chairman Carey requested Ms. Johnson prepare a summary of her discussions with all the cities so the Board knows what they are looking for.  She mentioned manufacturing has been a priority for the Board because it is a little different than the high-wage paying jobs that come and go and the call centers and those type of things.

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

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to approve the Jobs Growth Incentive Funding Agreement between CM Glazing, LLC d/b/a ACME Glass and Seminole County, providing an incentive of $1,000 per job, for a total of $25,000 to be split evenly with the City of Sanford, with Seminole County’s local financial support totaling $12,500, for the creation of twenty-five (25) jobs; and execute the Interlocal Funding Agreement with the City of Sanford.  (2019-1314)

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

Agenda Item #39 – 2019-1326

Chairman Carey stated this item is the Resolution to create the 2020 U.S. Decennial Consensus Committee.  In addition to the Board approving it, they need to have four residents, community or business leaders, that are going to be recommended for appointment to the Board within the next four weeks.  The Chairman requested Tony Matthews, Planning and Development Division, to provide all of the commissioners a snapshot of what the program looks like with the time commitment, so they can fulfill the obligation that they are committing to.

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve and authorize the Chairman to adopt appropriate Resolution #2019-R-81 creating the 2020 U.S. Decennial Census, Seminole County Complete Count Committee.  (2019-1326)

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

Chairman Carey advised the Board does not need a presentation for this item.

John Horvath, 1004 Bradford Drive, spoke in support and offered to volunteer for the committee.  Chairman Carey advised Mr. Horvath of how to apply.  Mr. Matthews advised the Board he would be bringing the recommendations for appointments at the July 23, 2019, meeting. 

Channa Lloyd, 2020 Census Partnership Specialist, addressed the Board stating this is going to be the first time the primary response method will be online, so they want people to know and be comfortable with that.  The secondary method is going to be on the telephone where residents can call in.  They have assistants in various languages to assist with completing the form.  Since Florida receives over $29 million per year for the decade in the Census funding due to the Census count, they want to make sure everyone is counted.  In 2010, Seminole County's response rate was 77%, which means one out of every four did not respond, and that is a significant amount when looking at the dollars that are being brought in, so they are looking to increase the response rate.  They have found there are hard-to-count communities, which is typically any community that does not respond.  The Census has found the Complete Count Committees addresses that because they are able to tailor the message to the unique populations that are not responding, and they are able work with community leaders and individuals within those communities to bring that count up.  The Complete Count Committees also assist the Census with getting information out about the jobs to residents that are available where they hire from the local area in which they would be working in, so that is something they want residents to know that is available to them.  Ms. Lloyd distributed 2020 Census information packets to the Board (received and filed).

Public Comment Forms received and filed.

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

Agenda Item #41 – 2019-1306

Patt Hughes, Planning and Development, addressed the Board to present a request to consider a reduction of a Code Enforcement Board lien in the amount of $903,250 for Case #09-18-CEB, on property owned by Rosemarie A. Morris located at 2015 Green Cedar Lane, Geneva, due to a proven financial hardship, as outlined in the agenda memorandum.  Ms. Hughes reviewed the timeline stating the Respondent removed the mobile home and had intended to replace it, but it was determined that she would require a variance.  She received her variance in December of 2006 and applied for permits.  By then, too much time had passed and she lost her deposit on the mobile home and could not afford another down payment.  On January 20, 2009, a statement of violation and request for hearing was submitted by the building inspector.  On February 26, 2009, the Code Enforcement Board issued a finding of fact, conclusions of law and order, giving the Respondent a compliance date of March 29, 2009, with a fine of $250 per day if the Respondent failed to obtain compliance.  On March 31, 2009, an affidavit of noncompliance was filed by the building inspector.  On June 25, 2009, the Code Enforcement Board issued an order constituting a lien in the amount of $22,000 with the fine continuing to accrue at $250 per day until compliance was obtained.  An affidavit of compliance was filed by the building inspector after reinspection on February 18, 2019.  It appears the Respondent removed the shed in 2012 but failed to contact the building inspector for verification.  The owner is requesting a reduction of the lien to the administrative cost totaling $403.86.

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

Commissioner Zembower inquired if Ms. Morris or her representative was present, and it was determined neither were in attendance.  Chairman Carey commented one thing about it that raised a flag for her is the fact that if you're out in the rural area and you've got a little bit of land that you can't just have a shed or a storage building on it, because they consider that to be an accessory to a structure.  She opined if someone owned land out there and is not building on it yet but they want to keep it up and they don't want to have to haul equipment every time, they should be able to have a shed on the property.  She believes they need to look at that in the Land Development Code.  Commissioner Zembower stated he was surprised neither the property owner nor a representative were present when they are requesting a reduction of almost a million dollars.  He opined the administrative fees are underestimated and needs to be discussed during the workshop.

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve and authorize the Chairman to approve a reduction to the Code Enforcement Board lien of $903,250, for Case #09-18-CEB, to the total Administrative Costs of $403.86, due to a proven financial hardship on the property located at 2015 Green Cedar Lane, Geneva, Tax Parcel No. 32-19-32-300-0100-0000, owned by Rosemarie A. Morris, require this reduced amount to be paid within thirty (30) days, or the lien will revert to the original amount of $903,250, and authorize the Chairman to execute the Release of Lien upon payment in full.  (2019-1306)

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

COUNTY MANAGER AND STAFF BRIEFING

Ms. Guillet stated the only item she had scheduled was the grant with the Historical Society/Historical Commission that was already discussed.  She added that she had mentioned the County would not have anything to do with the application.  However, the County will provide technical assistance to the Historical Society in helping them apply for those funds, so they will be engaged in that respect.

 

COUNTY INVESTMENT ADVISOR REPORT

     Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board and presented the Investment Advisor’s Report for May 14, 2019, (received and filed). 

     Mr. McIntyre displayed and reviewed the Events Driving the Market slide and stated the Trade War has escalated.  Right now the equity markets are worried so there's been a flight to quality, which means that people are selling their stocks and buying bonds, and that is pushing the bond yields down even further, which isn't helpful to everyone who would like to potentially buy additional bonds.  Mr. McIntyre displayed and reviewed the Fed Meeting, Employment, GDP, and Recommendations slides.  He commented the thought is that the upcoming maturities are going to fund the upcoming expenses, which means they do not have to take money in the interim out of the bank accounts which are yielding 2.63 and go into market yields that are lower than 2.33.  Instead of giving up 32 to 33 basis points, they are going to keep the money in the bank.  The money is draining because they're spending it anyway.  They will have the position down through the months to put some money to work at fixed rates, but right now the flight to quality makes that prohibitive. 

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to adopt the recommendations of the Board’s Financial Advisor based on the report submitted, and direct the Clerk to implement said Board adopted recommendations.

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

COUNTY ATTORNEY BRIEFING

Bryant Applegate, County Attorney, stated in regards to the Rosenwald contract negotiations, they have been working with the School Board's attorney for several weeks now and they keep getting changes.  There are certain provisions that his office is not happy with but agree they are not the type of provisions that would prevent the Board from entering into the contract.  A discussion ensued regarding the contract negotiations.  Chairman Carey stated without a draft for them to review, they do not know if they would agree to the terms or not.  She commented they will hopefully have the draft well in advance of the next meeting so they have time to review it.

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Chairman Carey recessed the meeting at 11:51 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Commissioner Constantine, and Deputy Clerk Chariti Colón who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Zembower, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

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

     Commissioner Constantine entered the meeting at this time.

PUBLIC HEARINGS

Item #42 - Mid-Year Budget Amendment

Resolution FY 2018/19 – 2019-1366

 

Sara Carrick, Resource Management, addressed the Board to present the request as outlined in the agenda memorandum.  She advised that countywide, the current amount budgeted as beginning fund balance is $424 million.  The actual available amount at the closing of the books on 9/30/18 was approximately $446 million.  Thus the mid-year adjustment to various beginning fund balance revenue budgets totaled $22.2 million.  In addition, there are reduced revenue adjustments of the budget of approximately $306,000 primarily attributed to excess fund balance in the Economic Development Fund, which reduces the transfer subsidy needed from the General Fund.  In total across all funds, FY 2018/19 mid-year amendments increased budgeted revenues by $21.9 million.  Expenditure adjustments totaling $3.2 million are primarily attributed to an increase in personnel services associated with the Fire Services Union contract.  Reserves, which include operating contingencies, are increasing by a total of $18.6 million.  Currently Countywide Reserve and Operational Contingency budgets total $227.4 million and will increase to $246 million with approval of the FY 2018/19 mid-year adjustments. 

Commissioner Zembower questioned whether staff could give them a percentage of what their Reserves will now be.  Tim Jecks, Interim Resource Management Director, addressed the Board to respond that Reserves in the General Fund are around 23% of General Fund revenues and Countywide Reserves are closer to 15% over all of revenues.  Commissioner Zembower then asked what has been the target.  Mr. Jecks explained that that number depends entirely on the fund.  If it is an operating fund that has positions in it that you have to maintain an ongoing stability, that target is closer to 16% to 20%.  But he noted there is no real target for example for a capital fund like the Sales Tax Fund.  Commissioner Zembower further questioned if they are required to have a certain percent by any of the bonding companies.  Mr. Jecks advised it was identified in writing that they should maintain at least 20% of revenues in the General Fund in order to maintain their bond rating.  Commissioner Zembower requested a copy of that be provided to him.

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

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute the FY 2018/19 Mid-Year Budget Amendment Resolution #2019-R-82, BAR #19-056 adjusting countywide fund balances in various funds for a total of $21,887,988.21 to the current adopted countywide budget, as described in the proof of publication.

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

Item #43 – Valley Stream Drive Boat Dock/

Michael Caiazza – 2019-1334

Mary Robinson, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  She advised FDEP has also issued the applicant a general use permit.

Joel Goldstein, Property Owner, addressed the Board to answer any questions.

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

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve the request for a 1,304-square-foot boat dock on property located on the east side of Valley Stream Drive, approximately 1,113 feet southeast of Pine Hill Boulevard, and more particularly known as 350 Valley Stream Drive, Michael Caiazza, Applicant, as described in the proof of publication; Development Order.

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

Item #44 – Cameron Heights Village C-1 PD Major Amendment

and Rezone/Colonial Semoran Investments LLC – 2019-0016

Matt Davidson, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  He advised the Applicant is proposing access to the subject site (Village C-1) from Sipes Avenue through the adjacent Village B, which is a gated access.  He also advised the requested Major Amendment is consistent with the conditions of the current Seminole County/City of Sanford Joint Planning Agreement.  Furthermore, the site will be served by either Midway Canaan or the City of Sanford for utilities.  The Planning and Zoning Commission approved the request, and staff recommends approval as well.

Commissioner Zembower wondered if the City of Sanford’s Planning Department was aware of what was going on.  Mr. Davidson responded they have advised them of the Development Review Committee meetings and they have been in contact to figure out whose utility service area this is, and the City is still in discussions about that.

Kathy Hattaway, Poulos and Bennett, addressed the Board to state they are in agreement with the staff report and she is here to answer any questions the Board may have.  She noted this is just a continuation of the Village B neighborhood that came before the Board last year.

Olivier Welscher, 3471 Celery Avenue (Meriwether Farms), addressed the Board to speak in opposition.  He did note that he did not receive any notice about moving this into a residential area from agriculture.  He spoke about the concerns he has because they have had an active farm in Seminole County for 104 years.

Commissioner Lockhart stated she had questions with drainage as well and spoke with staff because there is a Midway Drainage Basin Study that is currently going on.  They will have to hold their predevelopment rate of discharge on the property.  Mr. Welscher said he already met with the subcontractor for D.R. Horton.  They dug two large ponds for drainage for the development beside his property.  He noted they have 26 artisan wells on their property and the water is sometimes within a foot and a half.  The developer has pumps running constantly.  So if these were meant to be storage vessels for rainwater, he does know how that would work because they are constantly pumping out the water that is coming in from the aquifer. 

Public Comment Form was received and filed.

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

Chairman Carey noted they have a 30-acre farm right in the heart of what used to be celery country and now it has turned into a development.  Probably in 2006/07 timeframe, Cameron Heights came through as a large development, 280 acres around that entire area.  What they are seeing now is the different tracts being sold; this is tract C-1 in the village.  She noted they are studying that entire area for stormwater drainage and to see if there are any improvements the County needs to make over and above what would be done as part of the developments that are going in around the Meriwether Farm.  She added that she is pretty sure that all artisan wells are supposed to be capped and not still flowing as artisan wells.  She then asked staff to address his concerns so he understands what is supposed to happen with any development, because they are not allowed to let the stormwater run onto his property.  Rebecca Hammock, Development Services Director, addressed the Board and explained infrastructure requirements and stormwater requirements for a new development.

Commissioner Constantine mentioned he believes their notice regulations need to be looked at because they have talked about this before, and 350 feet as a hard and fast number does not cut it in every circumstance.  Ms. Guillet advised their work session about the Land Development Code is currently scheduled for June 25 but that may change due to the commissioners’ schedules.  Commissioner Lockhart asked if in the meantime whether staff could be self-directed and take some initiative and go ahead and mail to the nearest neighbors when they see a situation like this that is more site specific.  Ms. Guillet indicated they certainly could with the understanding that the validity of any action wouldn’t come into question if staff didn’t in their judgement notify who they needed to notify.  It is just a further courtesy and not a requirement. 

Commissioner Zembower asked the Applicant if the required signage about the public hearing today were posted on the parcel of property.  Ms. Hattaway replied that they picked up the signage from the County and the property was posted.  Commissioner Zembower then asked if staff verified there was signage on the property.  Ms. Hammock explained they accept an affidavit from the Applicant stating that the signs were posted.

Motion by Chairman Carey , seconded by Commissioner Zembower, to adopt Ordinance #2019-22 enacting a Rezone from PD (Planned Development) to PD (Planned Development), and approve the associated Development Order and Master Development Plan, for a single-family subdivision on approximately 30 acres located on the west side of N. Beardall Avenue and the east side of Sipes Avenue, approximately one-half mile south of Celery Avenue, Colonial Semoran Investments LLC, Applicant, as described in the proof of publication, with the amendment to the agenda memorandum regarding utilities.

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

 

 

 

 

CONSENT AGENDA – Continued from morning session

 

Item #16 – Intersection Improvements at

SR 436 & Ronald Reagan Boulevard – 2019-1344

 

Matt Kinley, Deputy Chief of Administration for the Fire Department, addressed the Board to answer Commissioner Zembower’s question as to whether the property is sufficient in its size and layout for a fire station.  Chief Kinley advised they have had some initial conversations with the architect, but it hasn’t been vetted completely.  It looks like it is 1.3 acres and normally, they are looking at 1.5 acres for a fire station. 

Commissioner Zembower commented he understands Fire Station #11 on Newberry Court in Altamonte will need some rehabilitation to the tune of about $2 to $3 million.  Chief Kinley commented he knows they have had issues with that station for many years.

Chairman Carey said the piece between this property and the north is a piece owned by FDOT and she would like staff, if this is approved, to pursue at least a portion of that parcel before they start the design of the station.  An aerial photograph was displayed (not received).  She also mentioned the curb cut on Ronald Reagan Boulevard is at Leonard Street, so if they were having to leave the station at the post office site, they would have to go down and do a U-turn if they were headed back towards 436 based on where the curb cut is today.  She added there might be an agreement that the City or someone has with SunRail for additional parking, and she would like to have a copy of that agreement circulated. 

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

     Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve and authorize the Chairman to adopt appropriate Resolution #2019-R-75; and authorize the Chairman to execute a County Deed providing for the declaration of surplus of County property located at 997 East Altamonte Drive to the City of Altamonte Springs for intersection improvements at SR 436 and Ronald Reagan Boulevard (CR 427).

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

Item #45 – Fire & Emergency Medical Services Agreement

Amendment with the City of Altamonte Springs – 2019-xxxx

 

     Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute an Amendment to the Fire and Emergency Medical Services Agreement between Seminole County and the City of Altamonte Springs for the purpose of relocating Fire Station #11.

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

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     Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to request that staff contact FDOT to pursue the possibility of obtaining additional property owned by them for the purpose of building a fire station.

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

     Commissioner Dallari requested an update by the County Manager on this at the next BCC meeting.

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     Commissioners Lockhart, Dallari and Carey submitted their ex parte communications into the record (received and filed).

LEGISLATIVE UPDATE

     Meloney Lung, Assistant County Manager, addressed the Board stating that Oscar Anderson, Southern Strategy Group, is here to give a wrap-up of the legislative session.  Mr. Anderson addressed the Board stating he wanted to give an overview of some of the issues they were tracking this year. 

     Mr. Anderson advised it was a $91.1 billion budget.  The DJJ got funded at $500,000 and the water project got funded at $425,000.  They obviously talk to staff and give them all the information they need going into the veto process.  A part of that was some settlement money from the DJJ lawsuit for both Polk and Seminole at about $4.1 million.  Once the budget gets approved, they will begin that process with all the DJJ folks because the money will flow through them to the County.  So that was a great win early on in the budget process.

     Affordable housing was one of the issues on the legislative agenda and they funded more this year than they have in years past.  They did not sweep all of the money out of the Sadowsky funds; they left about $200 million in the budget for affordable housing and $115 million of that is going to the Panhandle for Hurricane Michael recovery.  That left about $39 million for sale, which is the production of the unit side of it, and $46 million for SHIP, which is the money that gets allocated to all of the counties.  They reinstituted the Challenge Grants for homelessness for about $3.2 million which was great. 

     FDOT got a fully funded work program at almost $11 billion.  Visit Florida and Enterprise Florida are kind of on the chopping block for a lot of the session.  There was a lot of discussion about whether they were going to renew those or continue those, but at the end of the day, they funded Visit Florida for $50 million and Enterprise Florida at $16 million, which is enough to operate.  That was a particular plea by the Governor to the Speaker to say give me a year to see how this operates and let me see if I can improve and make it worthwhile, and the Legislature acquiesced to that which was great.  And there was $100 million funded for springs restoration. 

     In regard to issues from a policy perspective, SB 426 is the firefighter benefit bill and that has already been approved by the Governor and that passed overwhelmingly in the Legislature.  HB 9 dealt with CRAs and they added some ethics training and auditing and transparency issues; nothing too onerous on that, and it passed as well.  SB 1000 deals with the 5G implementation and the public rights-of-way under the County’s control.  Probably the most noteworthy in the bill that passed in 2017 was that you sort of had a time limit for parts of it but the County maintained control for aesthetics and some placement issues.  This put a “shot clock” on all of it, on any permit that comes in for any issue.  Commissioner Dallari wondered what additional changes they made to this.  Mr. Anderson responded he would send the Commissioner a more detailed list of those.  Discussion ensued. 

     In connection with preemptions, HB 771 passed and it had a moratorium in there on the regulation of plastic straws.  The Governor vetoed that last week saying he did not find a great State interest in regulating local governments’ ability to do that.

     One of the big preemption bills that didn’t pass was one that would have preempted local government’s ability to regulate professions and occupations licensing and rules, so that one was a well-discussed and well-heard piece of legislation, and it died a painful death.

     Vacation rentals legislation did not pass.  Overall it was a good year for local governments with a lot of those preemptive issues that did not get passed.  There was a bill related to attorney fees that the lobbyists were very involved in.  It was odd because it said essentially that if you knowingly issued a regulation that you knew was preempted by the State, then you were liable for attorneys’ fees if somebody challenged.  That did pass as well. 

Mr. Anderson noted all of these except for the straw moratorium and firefighters have not been acted on by the Governor.  Once it is delivered, he has 14 days to sign it and that includes the budget.

On the growth management front, HB 207 basically put in statute the duel rational nexus tax related to impact fees.  And was it necessary, probably not.  It is very embedded in case law so there was a lot of concern about where they are going with that and can the State then get in the business of getting to know how you calculate impact fees and how you apply impact fees.  That passed as well primarily because of the argument that got them there and that was it could lead to problems, but it is not necessarily a problem.  So it was hard to stop it.

HB 1159 had two parts.  It said that the Property Appraiser had to post a private property bill of rights in their building and it also had a tree trimming preemption in it, which was a particular issue to Speaker Oliva in his hometown.  No one talked about it much.

The big growth management bill that would have been the vehicle for any attempts to regulate land use in the county, like on the eastern side of the County, was HB 7103 and it had a bunch of interesting parts to it.  It included some affordable housing provisions related to inclusionary zoning or inclusionary ordinances and what ended up passing, he thinks everybody was somewhat comfortable with, it just said if the local government applies or requires a certain number of affordable units, then they have to offset the cost of the developer.  They can do it but there has to be some kind of give and take in that process.  There was also a provision that they added at the end which may actually end up being the poison pill in 7103.  They are starting to hear rumors on this in the Governor’s Office that says citizen attempts to challenge decisions by local governments, if they lose they have to pay the attorneys’ fees, and so a lot of the organizations like A Thousand Friends of Florida are gearing up to fight it over that provision particularly.  It was obviously a well-debated bill.  It went back and forth and bounced a couple of times at the end of the process and that is what they were most worried about, potential negative amendments like they had at the end of last session, but none of those materialized which they are happy about, but everybody was ready if they had.

     Upon inquiry by Commissioner Zembower, Mr. Anderson advised they did not get any funding for bear trash cans. 

     Commissioner Lockhart questioned where they end up with advertising public hearings or information in print newspapers versus online.  Mr. Anderson replied he did not think it passed but that he would double-check.  He thinks it did early and fell off their radar.  Chairman Carey explained their biggest concern with that is for their tax certificates that are about to be posted for sale or are out there already.  They could be posted online because that is how people pursue their news these days.  It would be nice if they could use that as the only avenue and not have to still post them in the newspaper. 

     Chairman Carey thanked Mr. Anderson for their good work this year and asked him to keep them posted on when the budget is signed.

 

 

 

DISTRICT REPORTS

District 1

     Commissioner Dallari mentioned all their offices have been receiving comments and requests regarding Deer Run Golf Course.  He checked with staff as late as this past week and there has been no application submitted to staff. 

     Commissioner Dallari stated he would like an update from staff on the Fire Station #39 site location.  Ms. Guillet advised that Chief Oakes is actively working with real estate professionals to try to identify sites based on the run analysis.  A work session is scheduled after the next meeting to talk about fire fees and also to give the Board an update on all of the stations, what they are looking at in the short term and long term.  Chairman Carey asked that Ms. Guillet distribute the run report to them.  Commissioner Lockhart noted in the northern part of the County there may be some imbalance in some of the cities.  Ms. Guillet responded that there is and she can get the pertinent information on that.  Run cards, run analysis and the new CAD implementation were discussed with Deputy Chief Kinley. 

District 3

Commissioner Constantine discussed an event he attended and an upcoming informational meeting with FDOT on I-4 improvements.

District 4

     Commissioner Lockhart reported she is continuing her tour of Seminole County and spent time with Community Services.  She also had the opportunity to see some water quality projects that are in cooperation with SJRWMD and FDEP.  Finally, she congratulated Chairman Carey who is being honored by True Health Ovation as their 2019 Community Champion.

Commissioner Lockhart stated she thought they had some Board discussion about the need to meet with the School District again.  She believes they had been meeting annually and they have a lot of things that they keep talking about, school capacity and the PTAC (Planning Technical Advisory Committee) and PSFPC (Public Schools Facilities Planning Committee) coming together, and before you know it, the impact fee discussion will be coming up again.  The ILA (Interlocal Agreement) is looming.  She would like to at least get it on the calendar.  Ms. Guillet said she would get the meeting scheduled.  Commissioner Lockhart opined this should just be something that gets calendared yearly.

District 2

     Commissioner Zembower met with the Meals on Wheels folks and learned something interesting that they do, so he thought they may want to reach out to them as part of their Code Enforcement.  He did not realize they deployed volunteers to mow grass for people and do menial tasks.

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Commissioner Zembower noted he had a follow-up meeting with Senator Scott’s assistant, Barry Cotton, on his trip to DC.  He wanted to urge anyone who is going to be writing grants to let him know and he will contact Barry Cotton, and he will get a letter of support from the Senator’s Office on behalf of the County.

District 5

     Chairman Carey reported on the annual Golden Eagle Boy Scouts dinner and said they raised $170,000, which will stay in Seminole County to support scouting. 

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     Chairman Carey stated that last night they had the Midway community meeting.  In October they had a community meeting and it was requested that they take back information to them regarding the potential of sewer in the community.  They got all the facts and figures together and they mailed out 585 cards.  The cost per household to convert from septic tank to sewer is about $6,600.  If they decide to pursue this through an MSBU, the annual cost to each homeowner will be about $1,480 per year for 35 years.  She was very clear that no project would be started until the water study is completed.  They still need about 40 people to donate easements.  There was conversation at the meeting as to whether the County would purchase the easements.  She explained they would not; they are trying to replace the water line for their community.  They need easements for sidewalks and if they were going to pursue something in sewer, they would have to have all those easements collected prior to starting that project.  She explained the issues they are facing and stated they will continue to have discussions with Midway-Canaan and the City of Sanford. 

CHAIRMAN’S REPORT

     Chairman Carey advised she received a request from the Sanford CRA to write a letter in support of grant funding they are applying for; it is for the Sanford trolley expansion.  The trolley has been running since October and they have had over 28,000 riders on the trolley.  There would be no funding from Seminole; the CRA will pay the matching grant portion of that.  If they are successful, the service will be expanded to the Sports Complex, the Mall, the Zoo, and other places in addition to transporting people to downtown Sanford.  No objections were voiced.

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.    Letter and attachment dated April 10, 2019 from Ann Shortelle, Executive Director of St. Johns River Water Management District, to Chairman Carey RE: Cumulative Wetland Impacts, Restoration, and Preservation.  C: Adam Lovejoy, Governmental Affairs Director/SJRWMD.

 

2.    Letter dated April 15, 2019 from David Woll, Jr., Assistant Secretary, U.S. Department of Housing and Urban Development, to Chairman Carey RE: FY19 allocations for the Office of Community Planning and Development’s (CPD) formula programs.

 

3.    Letter and enclosures dated April 18, 2019 from Luis Rodriguez, FEMA, to Chairman Carey RE: Case NO: 19-04-3027C.  C: Michael Ging.

 

4.    Notice received April 30, 2019 from Daniel Valentine, President, Brix & Mortar, Inc., RE: Neighborhood meeting notification letter.

 

5.    Letter and attachment dated May 1, 2019 from Traci Houchin, City Clerk, City of Sanford, to Board of County Commissioners RE: Notice for Ordinance No. 2019-4508.

 

6.    Letter and attachment dated May 1, 2019 from Traci Houchin, City Clerk, City of Sanford, to Board of County Commissioners RE: Notice for Ordinance No. 2019-4509.

 

7.    Letter dated May 3, 2019 from Chairman Carey to Governor Ron DeSantis RE: Little Econlockhatchee River Harrod property.

 

8.    Notice received May 2, 2019 from City of Lake Mary RE: Variance for 638 S. Country Club Road.

 

9.    PHOTO COPIES of 8 postcards received in Chairman Carey’s office requesting the placement of a Native Plant Ordinance on the April agenda.

 

COUNTY MANAGER’S REPORT

     Ms. Guillet gave an update on some follow-up items from the Retreat.  They were working on issues related to community relations, customer service from a technology standpoint, and employee morale.  They are putting together the business plans for the Board and are also developing some KPIs (Key Performance Indicators).  She will bring to them next month some recommendations for some things they might do immediately versus things she will propose to include in next year’s budget.  Christina Brandolini in Human Resources went out to bid on the Vision Plan and is working on the Teladoc.  They have an employee benefits survey they will be sending out, and they are trying to put together a health fair.  She added they had an employee appreciation event this past Friday.  Photos of employees and the event were displayed (not received).  The compensation study is underway and they expect to get some results in June, and they also did an interim compensation adjustment in Environmental Services.  In addition, they put up a web forum on social media that allowed residents to thank employees for exceptional service, and they have gotten a number of thank-you’s from the community to everyone from Parks to Libraries to their Public Works folks.  They also gave employees an opportunity to share on Instagram why they do what they do and why they believe public service is important.  She opined that was really fun to get their input and thanked staff for all their work and the Board for their support. 

COUNTY ATTORNEY’S REPORT

     County Attorney Bryant Applegate indicated he is requesting reaffirmation of the Board’s previous approval to submit a request for an AGO opinion on the use of Tourist Development Tax funds for FAM trips. 

     Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the submittal of a request for an AGO (Attorney General’s Office) Opinion on the use of Tourist Development Tax funds for FAM trips.

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

ITEMS FOR FUTURE AGENDA

     Bill Hyde, 2379 Audley Street, addressed the Board to say he has been attending the infrastructure sales tax workshops for several years, and a couple of years ago in the one that he went to, they were all jumping up and down.  The 1st Gen money hadn’t been spent; they are in the 3rd Gen and they have to get this done.  He went to another workshop and he heard the same thing.  He also kind of heard the same thing at the Retreats.  Today (at the morning work session), instead of hearing about what has been done and what has been accomplished and where they are, he is hearing about program management.  He opined that is going backwards.  The one good comment he heard was what do the taxpayers care about.  He said, “the taxpayers care about…you have a list over here of a number of items and you have a pot of money over here; make this pot go down, fill this up.”  That is what they care about, not program management and bureaucracy.  If you want to get this done, Mr. Hyde stated, they should give it to him.  He added they could give him a hatchet and he will get some of the things checked off their list. 

Public Comment Form was received and filed.

     Chairman Carey mentioned that Mr. Hyde left before the end of the workshop and she wanted him to know that the revalidation of all the projects that have been done and the ones that need to be done will be back to the Board in September.  Meanwhile the list will continue to be whittled at.  Commissioner Lockhart added she recognizes Mr. and Mrs. Hyde were not able to stay for the entire work session, and she thinks they would have been very happy with the end result, the specific direction that was given.  She thinks the program management design will help them do exactly what it is Mr. Hyde is asking, to whittle away those projects. 

     Commissioner Zembower expressed that coming from the private sector, there is nobody more aggravated than him.  He explained that unfortunately in government, they have checks and balances they must jump through and meet and not necessarily on their timeline, but either statutorily from State or Federal agencies as well as their own codes.  He said they are pushing the projects through as quickly as possible while meeting all the guidelines they are required to.

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Troy Williamson, Cedar Ridge subdivision, addressed the Board and noted he has been working with Commissioner Dallari over the last couple of years on some issues he has had with Waste Pro.  He thought there may be a problem in other districts as well.  In March, they only picked up half his garbage; in April there was some refuse scattered all over the street, and May had no pickup at all.  He had contacted the line supervisor and then was able to reach the manager last week.  He advised that Channel 9 reported Waste Pro has received $118,000 in administrative penalties over the past 15 months for lack of service.  Commissioner Zembower mentioned his office has had two complaints and he personally reached out to Waste Pro.  They shared they were having some challenges with workforce, scheduling and so forth.  But he was assured that those citizens were followed up with by Waste Pro and that they did reach out and make a special pickup.  Mr. Williamson complimented the Seminole County employees in the Water and Sewer Department saying they have been exceptional.

Public Comment Form was received and filed.

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Olivier Welscher, 3471 Celery Avenue, stated Commissioner Zembower had asked staff earlier today if signage was posted in regard to the Cameron Heights Rezone public hearing.  He noted there is an orange sign posted on Beardall and Sipes, and the one on Sipes is white and you cannot read it because it is folded over.  He does not think his neighborhood even knows about these zoning meetings if they obviously don’t get any zoning notices in the mail because they are not 350 feet adjacent to the property in question.  He asked that they look at this. 

Public Comment Form was received and filed under Item #44.

Commissioner Zembower advised that both the signage and the notification by mail has been brought to staff and will be reviewed under the Land Development Code and that that is already in the works. 

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:15 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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