BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

June 11, 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, June 11, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Brenda Carey (District 5)

Vice Chairman Jay Zembower (District 2)

Commissioner Robert Dallari (District 1)

Commissioner Lee Constantine (District 3)

Commissioner Amy Lockhart (District 4)

Clerk of Court & Comptroller Grant Maloy

County Manager Nicole Guillet

County Attorney Bryant Applegate

Deputy Clerks Terri Porter and Kyla Farrell

Pastor Thomas Weichart, Church at the Well, Sanford, gave the Invocation. Commissioner Lockhart led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2019-1421

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Seaman Second Class Joseph L. Lepage, United States Navy, Retired, as Seminole County’s June 2019 Veteran of the Month.

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

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Agenda Item #2 – 2019-1411

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to adopt appropriate Resolution #2019-R-83 recognizing Laura Bird Miller as the Seminole Cultural Arts Council’s Artist of the Year, 2019.

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

BUSINESS SPOTLIGHT

The Business Spotlight video for Commercial Design Services was presented.

AWARDS AND PRESENTATIONS (Continued)

Agenda Item #3

Alex Bugallo, Managing Director, and Angela Singleton, Vice President, Hilltop Securities, addressed the Board to present Refunding Opportunity: Water and Sewer Revenue Bonds, Series 2010B, (Federally Taxable “BABs”), received and filed.

Motion by Commissioner Zembower, seconded by Commissioner Constantine, to approve the tax-exempt refunding under current market conditions to result in significant debt service savings.

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

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

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Chairman Carey asked that they keep the Commissioners updated via email as the market continues to change.

ANNOUNCEMENT

Chairman Carey stated pursuant to Section 286.011(8) of the Florida Statutes, the County Attorney is requesting that during the afternoon session, the Board of County Commissioners conduct a closed, attorney-client session to give advice pertaining to strategy related to litigation expenditures and a settlement offer received from the plaintiff’s counsel in the River Cross Land Company, LLC v. Seminole County federal court case.

CONSENT AGENDA

County Manager Nicole Guillet announced there are two deletions from the Consent Agenda: Item #16 is an Administrative Code revision related to libraries and Item #27 is a BAR related to the Sales Tax Fund. Item #27 will be brought back at the next meeting.

With regard to public participation in connection with Item #7, Kathleen Anderson Comprehensive Work Center d/b/a Inspire of Central Florida (SHIP Agreement), the following spoke in support: Kim Marlette, 2372 Oxer Court; Michael Moreland, 3490 Road Mallow; Kathleen Williams, 5204 Poinsetta Avenue; Wendy Saliga, 3055 Tuskawilla Road. Craig A. Cook, 305 Clark Street, spoke in opposition; no one else in the audience spoke in support or opposition, and public input was closed.

Public Comment Forms were received and filed. Written Comment Forms in support were received from Nancy Cook, 1334 Dunhill Drive; Tessa Lambe, 318 Barclay Avenue; and Paula Dimperio, 562 Eagles Crossing Place.

Commissioner Zembower submitted ex parte communications into the record in connection with Item #7.

Commissioner Dallari stated he would like to pull Item #39 regarding the Five Points Connector Roadway for separate discussion.

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

County Manager’s Office

Business Office

4. Approve travel and mileage reimbursement to Commissioner Zembower for miscellaneous travel from May 8 through June 12, 2019. (2019-1413)

Office of Emergency Management

5. Approve and authorize the Chairman to execute an Interlocal Agreement for Animal Control Services with the cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, and Winter Springs.

6. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-85 providing for Amendments to the Seminole County Administrative Code (Personnel Policies) regarding compensation during emergencies or disasters.

Community Services

Business Office

7. Approve and authorize the Chairman to execute the SHIP Management Agreement between Seminole County and Kathleen Anderson Comprehensive Work Center d/b/a Inspire of Central Florida to provide residential services at 3023 Moss Valley Place, Winter Park, for persons with developmental disabilities in Seminole County. (2019-1406)

Development Services

Planning and Development Division

8. Approve and authorize the Chairman to execute two (2) Satisfaction of Liens for Code Enforcement Board Case #18-59-CEB and Case #18-60–CEB, at 3615 Lake Shore Drive, Apopka, Tax Parcel No. 17-21-29-511-0E00-0100, owned by Bonnie Clough Trustee. (2019-1333)

9. Authorize release of the Right-of-Way Utilization Bond #CMS0325083 in the amount of $5,101.20 and Private Road Maintenance Bond #CMS0325084 in the amount of $33,409.00 for the Serenity Cove subdivision; Park Square Homes, Applicant. (2019-1374)

10. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-86 vacating and abandoning the following described drainage easements on the Village on the Green property, as recorded in the Public Records of Seminole County, Florida: 1) Official Records Book 1511, Pages 1895-1897; 2) Official Records Book 1746, Pages 0250-0253; and 3) a partial vacation of the Sabal Point Country Club drainage easements more particularly found at Official Records Book 2285, Pages 1879-1885, Pages 1897-1898 and 1913-1918; all within that property more particularly known as 500 Village Place, Longwood; Lifespace Communities, Inc., Applicant. (2019-1384)

11. Approve the plat for the Big Tree West subdivision containing two (2) lots on 1.42 acres zoned M-1 (Industrial), located southwest of Waterway Place; Mike Hattaway, Applicant.

12. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-87 vacating and abandoning a portion of a platted 14-foot-wide platted Utility Easement on Lot 9, Block E Lynwood Revision, as recorded in the Public Records of Seminole County, Florida in Plat Book 16, Pages 32 and 33, more particularly known as 1102 Martex Drive; Joan Drayer, Applicant. (2019-1416)

13. Authorize release of Right-of-Way Utilization Permit Maintenance Bond #024068734 in the amount of $12,851.00 for Oviedo Gardens Offsite Right-of-Way Improvements f/d/a Gateway Gardens; Meritage Homes of Florida, Inc., Applicant. (2019-1407)

Environmental Services

Business Office

14. Approve the appointment of Terrence McCue, Ph.D., P.E., Director of Environmental Services, as Representative to the South Seminole North Orange County Wastewater Transmission Authority (SSNOCWTA) Board, and continue the appointment of Paul Zimmerman, P.E., Senior Engineer, as the Alternative Representative; and authorize the County Manager to transmit a letter to Mr. Ed Gil de Rubio, Executive Director of the South Seminole North Orange County Wastewater Transmission Authority, advising him of the appointment. (2019-1358)

15. Approve the release of three (3) Maintenance Bonds for water and sewer facilities as follows: #1053886 in the amount of $44,702.73 for Lukas Landing, #1059064 in the amount of $46,246 for the Park Place at Aloma, and #KO9598959 in the amount of $29,295 for Reagan Pointe. (2019-1376)

Leisure Services

Library Services Division

16. PULLED FROM THE AGENDA – Resolution to amend Section 29.5 of the Seminole County Administrative Code relating to the policy for selection of library materials; and Resolution to amend Sections 29.10 and 20.30 of the Seminole County Administrative Code relating to library services fees and meeting room policies. (2019-1386)

Parks and Recreation Division

17. Approve and authorize the Chairman to execute an Agreement with the City of Sanford to jointly exhibit the Vietnam Traveling Memorial Wall Exhibit at Fort Mellon Park in recognition of Veterans Day, 2019. The expense for this Exhibit, not including man hours, has been documented in the Agreement and will be equally shared by each party. The total expenditure for Seminole County will be $2,750. (2019-1409)

Public Works

Engineering Division

18. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $2,370 between property owner Angel Kilgore, individually, and Charles Coleman, Jr., as trustee of the Revocable Trust Agreement, and Seminole County, for property interests necessary for the construction and maintenance of a sidewalk along a portion of Morse Street. (2019-1392)

19. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $79,000 between property owner SES Salvage, Inc. and Seminole County, for property necessary for the construction and maintenance of a sidewalk along the westerly side of Airport Boulevard at Albright Road. (2019-1394)

20. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $1,900 between property owner Angel Kilgore and Seminole County, for property interests necessary for the construction and maintenance of a sidewalk along a portion of Morse Street at Harris Street. (2019-1395)

Resource Management

Budget Division

21. Approve and authorize the Chairman to execute a Grant Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) in acceptance of $200,000 to enhance the boat ramps, gangways and floating docks at the Lake Monroe Wayside Park; and appropriate Resolution #2019-R-88 implementing Budget Amendment Request (BAR) #19-053 through the Leisure Services Grant Funds in the amount of $200,000 to establish funding. (2019-1353)

22. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-89 implementing Budget Amendment Request (BAR) #19-060 through the General Fund to appropriate budget of $45,000 from Reserves for State Legislative and Governmental Lobbying Services. (2019-1404)

23. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-90 implementing Budget Amendment Request (BAR) #19-061 through the 2014 Infrastructure Sales Tax Fund in the amount of $2,083,322 to provide additional funds for the Five Points Entry Roadway and Pond Project.

24. Approve settlement of a workers’ compensation claim by a former firefighter related to an open 2013 presumptive heart disease claim (Claim #609265) for the total amount of $143,500 inclusive of attorney’s fees; and authorize the Chairman to execute appropriate Resolution #2019-R-91 implementing Budget Amendment Request (BAR) #19-062 in the amount of $143,500 through Workers Comp Fund Reserves to provide funding. (2019-1380)

25. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-92 implementing Budget Amendment Request (BAR) #19-063 in the amount of $450,000 through the Workers Compensation Fund Reserves to provide additional funding for Workers Compensation claims. (2019-1389)

26. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-93 implementing Budget Amendment Request (BAR) #19-064 through the 2014 Infrastructure Sales Tax Fund in the amount of $2,212,000 to provide funding to City of Oviedo for the Geneva Drive Extension per Interlocal Agreement. (2019-1390)

27. PULLED FROM THE AGENDA/CONTINUED TO JUNE 25 - Resolution to implement Budget Amendment Request (BAR) #19-065 through the 2014 Infrastructure Sales Tax Fund in the amount of $1,344,503 and through the 1991 Infrastructure Sales Tax Fund in the amount of $662,523 for a total of $2,007,026 to close out funding for completed projects in both sales tax funds and transfer the funds to Reserves. (2019-1397)

28. Approve and authorize the Chairman to execute a Sub-Award Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $75,000 for the Fire HAZMAT purchase of the Area RAE ProKit RDK device in accordance with the Purchasing requirements for the Grant for the Fire Department; and to execute appropriate Resolution #2019-R-94 implementing the Budget Amendment Request (BAR) #19-066 through the Public Safety Grant Fund in the amount of $75,000 to establish funding. (2019-1388)

29. Acceptance of a Grant Agreement from the Florida Lake Management Society Love Your Lake Grant in the amount of $5,000 for the Rolling Hills lake restoration project; and approve and authorize the Chairman to execute appropriate Resolution #2019-R-95 implementing Budget Request Amendment (BAR) #19-067 through the Public Works Interlocal Fund in the amount of $5,000 to establish funding. (2019-1393)

30. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-96 implementing Budget Amendment Request (BAR) #19-068 through the 2014 Infrastructure Sales Tax Fund in the amount $10,297,584 to re-allocate funding for the Lake Emma & I-4, SR 46 Widening, and Rinehart Rd projects to reserves. (2019-1391)

31. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-97 implementing Budget Amendment Request (BAR) #19-069 through the Homelessness Grant Fund in the amount of $35,457 from the Homeless Services Network of Central Florida grant for Continuum of Care for Housing Stability Case Management services for homeless families in Seminole County. (2019-1400)

32. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-98 implementing Budget Amendment Request (BAR) #19-070 through the Homelessness Grant Fund in the amount of $25,000 from the Homeless Services Network of Central Florida grant for Continuum of Care for Housing Stability Case Management services for homeless families in Seminole County. (2019-1401)

Purchasing & Contracts Division

33. Award RFP-603452-19/TLR, Term Contract for Temporary Staffing Services, to AUE Staffing, Inc., Altamonte Springs and Howroyd-Wright Employment d/b/a AppleOne Employment Services, Huntington Beach, CA; and authorize the Purchasing & Contracts Division to execute two (2) Agreements. The estimated annual usage for these services is based upon each department's budget. (2019-1403)

34. Approve Amendment #1 to Work Order #40 (Oxford Road Improvements Utility Relocations) under PS-8186-13/DRR, Continuing Engineering Services - Utility Improvement Projects, with Hazen and Sawyer, P.C., Orlando, in the amount of $119,850.32; and authorize the Purchasing & Contracts Division to execute the Amendment. (2019-1381)

35. Approve Amendment #1 to Work Order #53 (Vulnerability Assessment for SCESD Water and Wastewater Systems) under PS-8186-13/DRR, Continuing Engineering Services for Utility Improvement Projects, with Hazen and Sawyer, P.C., Orlando, in the amount of $105,915.08; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (2019-1375)

36. Award CC-2418-19/TAD, Lift Station Emergency Power Generator Installation - Phase II, in the amount of $1,489,231 to Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems, Inc., 4612 Highway Avenue, Jacksonville; and authorize the Purchasing & Contracts Division to execute the Agreement. (2019-1402)

37. Award CC-2352-19/TAD, Osceola Road Landfill Scale House and Entrance Road Improvements, in the amount of $1,799,675 to COMANCO Construction Corporation, 4301 Sterling Commerce Drive, Plant City; authorize the Purchasing & Contracts Division to execute the Agreement; and approve and authorize the Chairman to execute appropriate Resolution #2019-R-99 implementing Budget Amendment Request (BAR) #19-072 in the amount of $1,127,611 from Solid Waste Fund Reserves. (2019-1399)

38. Award CC-2423-19/GCM, Markham Woods Road Gravity Wall Rehabilitation, to Southland Construction, Inc., Apopka, in the amount of $829,999.99; and authorize the Purchasing & Contracts Division to execute the Agreement. (2019-1373)

39. Pulled for separate discussion by Commissioner Dallari.

40. Approve M-2548-19/RTB, South Sanford Avenue Full Depth Reclamation, with Asphalt Paving Systems, Zephyrhills, in the amount of $954,278.33; and authorize the Purchasing and Contracts Division to execute the Agreement. (2019-1382)

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

Consent Agenda Item #39 - 2019-1379

Five Points Connector Roadway and Stormwater Pond

Commissioner Dallari stated he wants to ensure that the access road and retention pond are coordinated with the master plan consultants. Chairman Carey noted she knows it was coordinated with the “Flea World property” across the street in a preliminary investigation. Jean Jreij, Public Works Director, addressed the Board saying they coordinated with DOT for 17-92 and Reagan Center. They have provided the consultant with the permit and plan and they have not received any comments or issues. The road has been pushed back to the north as close as it can get to the retention pond. Commissioner Dallari reiterated he is hoping the consultants will actually look at the Five Points plan to see if there is anything they need to be addressing before they break ground. Upon inquiry by Commissioner Dallari, Mr. Jreij stated there will be a turn lane on 17-92 and also in the compound, one left-turn lane and one right-turn lane. Ms. Guillet added that it is consistent with what they discussed at the work session.

Commissioner Dallari said in regard to the retention pond, he wants to make sure they are planning for the right amount of impervious percentages for Five Points. Mr. Jreij responded that they are; they are doing 80%.

Commissioner Zembower remarked he has a hard time understanding how this proposed master plan could even be happening without their consultants bringing them this. Ms. Guillet explained this was one of the projects on the sales tax list and it was started several years ago. They coordinated with the Flea World project (called Parkside now) which is a significant project and would have a significant impact on traffic on 17-92, and it also gave them an opportunity to deal with some drainage issues out there. This was designed and permitted, and they had probably $1.5 million into the project before the Board directed them to go and do a master plan. This was started in anticipation of eventually doing a Five Points project, but prior to having the consultants on board.

Ms. Guillet advised it is the most likely place to do a master drainage facility because it is an area that is already wet and already being used for drainage. That is how they got here ahead of the master plan because it was conceived before the Board gave them any direction. The consultants they have for the master plan have an engineering firm on their team, Dewberry. They have been given the plans and they are aware of what has already been done.

Commissioner Zembower stated he appreciates the explanation; however, he is not in favor of spending more money because of a previous Board’s decision and moving forward with this process and then knowing they are going to have a master plan coming back to them that they may look at and say they don’t like or they want something different or they want it moved here or there. It just doesn’t make sense to do this moving forward without having a vision of what is actually going to happen at Five Points. He understands why it is moving forward or why this is being brought to them, but in light of now they may be moving in a totally different direction with Five Points, he thinks that is part of an overall larger discussion. He thinks they need to look at burying power lines out there, which FDOT at one time was willing to do for them. Chairman Carey noted that was for a price. Commissioner Zembower stated now they will have to revisit that with all the infrastructure improvements on the 17-92 corridor. He added this whole Five Points thing sounded like a good deal but he is getting a distaste for it pretty quickly; things are not going the way he would anticipate they would look from a business perspective. They have already issued additional cost to the consultant and he guarantees this consultant will come back and ask for more money because they keep doing change orders and that is where they are going to make their money. Chairman Carey asked what change orders have been issued. Commissioner Zembower replied they have changed and now they are going to do a separate part which is the courthouse. Now they are going to do something perhaps different. He expressed this is a train wreck waiting to happen unless they put the brakes on, bring the consultant in, have them help understand what this is going to look at with everything that is currently in the hopper that the County has planned moving forward, and how that is going to impact the whole process without spending endless amounts of money.

Commissioner Lockhart stated she does not see it quite the way Commissioner Zembower does and she is happy with the direction they are moving. She suggested they could bring this back at the next meeting to have some time to go ahead and check with the consultants, CGL and Dewberry. They could come in and have a discussion because this is a critical project, and if there are people feeling uneasy or uncomfortable about anything, they need to figure that out right away and put that to bed. Chairman Carey opined she does not think it is time sensitive that they could not do that. The retention pond for this is a natural low area, actually a dried up lake. Every consultant that has ever looked at this in the 15 years that she has been here has said the retention has to go there. They also looked at spacing of traffic lights; DOT will not let you put a light there because it is a state road, so they had to work with them and that is where the light came into place for the location. They forced the development on the opposite side of the road to line up with that so there could be a light that would serve both sides of that. The lights on Eslinger Way and County Home Road all had to be taken into consideration as to where a road could even be placed. She added this was the location in the original master plan and it has been shown this way on everything since then, which was 2006.

Chairman Carey stated she does not see an issue with continuing this to the next meeting. They could have Dewberry and their consultant come in and just verify that they don’t see an issue with this location. Commissioner Constantine opined he also thinks this is critical and not time sensitive, and they want to make every Board member comfortable, so if that means bringing in the consultant, he is more than happy to do that.

Commissioner Dallari requested that Mr. Jreij provide the Board with a cross section of the road. He added that there is a little bit of property behind the correctional facility as well as property which is frontage on 17-92. He wonders if maybe they would need to shift the pond a bit to maximize the use of that property. He wants to know what the property behind the correctional facility will be used for or will it just be green space, and whether the property along 17-92 has enough depth to do something with it. He further wants to know whether there will be a water feature in the pond because he hasn’t seen any documentation about that. Mr. Jreij advised there will be a fountain done in the second phase, and Commissioner Dallari added they would want to put some dry conduits in for the power, etc. in the first phase.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to continue to June 25, 2019, the request to award CC-2392-19/RTB, Five Points Connector Roadway and Stormwater Pond Construction, in the amount of $5,560,505, to Southern Development and Construction, Inc., Chuluota; and authorize the Purchasing & Contracts Division to execute the Agreement.

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

County Attorney’s Consent Agenda Item #41

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve and authorize the Purchasing and Contracts Division to execute the Bond Counsel Legal Services Agreement (PFS-51) with Nelson Mullins, Orlando, to represent Seminole County in bond-related matters.

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

Clerk & Comptroller’s Consent Agenda Item #42

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve Expenditure Approval Lists dated April 29, May 6, 13, and 20, 2019; Payroll Approval Lists dated May 2 and 16, 2019; and the BCC Official Minutes dated April 23, 2019. (2019-1410)

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

Clerk & Comptroller’s “Received and Filed” Documents

1. Florida Public Service Commission Final Order Approving Duke Energy Florida, LLC’s First Solar Rate Base Adjustment #PSC-2019-0159-TOF-EI re: Petition for a limited proceeding to approve first solar base rate adjustment by Duke Energy Florida, LLC, Docket #20180149-EI, issued April 30, 2019.

2. Florida Public Service Commission Consummating Order #PSC-2019-0180-CO-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 May 21, 2019.

3. Maintenance Bond (Water and Sewer) #9911193 in the amount of $2,340 and Rider modifying the warranty period start date from 11/12/2018 to 05/08/2019 for the project known as Axios; Westfield Insurance Company.

4. Cash Maintenance Bond (Water and Sewer) in the amount of $3,524.40 and Maintenance and Escrow Agreement with The Reserve at Interlachen Homeowners’ Association, Inc. for the project known as BR’s Reserve; Carl Gene Jacobs, President & Director.

5. Maintenance Bond (Water and Sewer) #3018616 in the amount of $31,830.15 for the project known as Wexham Court; Park Square Enterprises, LLC.

6. Irrevocable Letter of Credit #18-05 and Public Road Maintenance Agreement with Greenville Casselberry LLC in the amount of $3,105 for the project known as Greenville Commons; Greenville Casselberry LLC.

7. Maintenance Bond (Streets, Curbs, Storm Drains) #0750267 in the amount of $22,252.49; and Maintenance Bond (Private Road) #0750268 in the amount of $99,748.14 for the project known as Parkview Place; Toll Southeast LP Company, Inc.

8. Performance Bond (Roads, Streets, Drainage) #2280615 in the amount of $74,665.63 for the project known as SmartOffice Lake Mary; Viscomi Commercial Construction, Inc.

9. Maintenance Bond (Streets, Curbs, Storm Drains) #1075033 in the amount of $19,620.84 for the project known as Towns at White Cedar; M/I Homes of Orlando, LLC.

10. Maintenance Bond (Streets, Curbs, Storm Drains) #024239183 in the amount of $32,108.41 for the project known as Tuskawilla Crossing; Standard Pacific of Florida.

11. Performance Bond (Roads, Streets, Drainage) #1157001 in the amount of $6,230 for the project known as Warley Park; Warley Park, Ltd.

12. Maintenance Bond (Private Road) #LAIFSU0737070 in the amount of $156,843.48; and Maintenance Bond (Water and Sewer) #LAIFSU737071 in the amount of $44,673.70 for the project known as Water’s Edge at Hawk’s Crest; Meritage Homes of Florida, Inc.

13. Maintenance Bond (Streets, Curbs, Storm Drains) #3018617 in the amount of $5,770.21; and Maintenance Bond (Private Road) #3018618 in the amount of $66,444.95 for the project known as Wexham Court; Park Square Enterprises, LLC.

14. Conditional Utility Agreement for water, wastewater, or reclaimed water services with DC Concepts Development, LLC for the project known as Grove Avenue Subdivision.

15. Conditional Utility Agreement for water, wastewater, or reclaimed water services with Catholic Cemeteries of Central Florida Holdings, Inc. for the project known as Queen Angels Cemetery.

16. Conditional Utility Agreement for water, wastewater, or reclaimed water services with Crown 5 Holdings, LLC for the project known as Academy of Excellence.

17. Bill of Sale accepting the off-site sewer system for the project known as Axios Mixed Use Building; Axios Construction Services, LLC.

18. Bill of Sale accepting the wastewater system for the project known as BR’s Reserve; The Reserve at Interlachen Homeowners’ Association, Inc.

19. Bill of Sale accepting the water and sewer system for the project known as Wexham Court; Park Square Enterprises, LLC.

20. Bill of Sale accepting the water and sewer system for the project known as Water’s Edge at Hawk’s Crest; Meritage Homes.

21. Developer’s Commitment Agreement #19-06000009, Slavia Road PD (AKA Racetrac); Racetrac Petroleum, Inc.

22. Addendum #1 to Development Order #19-20500013 and Addendum #2 to the Developer’s Commitment Agreement for Parkdale Place (FKA East Red Bug) PD Minor Amendment; DR Horton, Inc.; Forestar (USA) Real Estate Group, Inc.; and Park Square Enterprises, LLC.

23. Corrected Addendum #1 to Development Order #19-20500013 and Corrected Addendum #2 to the Developer’s Commitment Agreement for Parkdale Place (FKA East Red Bug) PD Minor Amendment; DR Horton, Inc.; Forestar (USA) Real Estate Group, Inc.; and Park Square Enterprises, LLC.

24. Development Order #19-27500007 for Alcoholic Beverage License, Taqueria El Maguey, LLC; Mari Tino.

25. Denial Development Order #19-30000035, Lot 16 Pemberton Street, Gloria Day.

26. Approval Development Orders #19-30000029, 3503 H.E. Thomas Jr. Parkway, Troy Black; #19-30000030, 1102 Martex Drive, Joan Drayer; #19-30000031, 1565 Emmett Avenue, YDDD Holdings, LLC; #19-30000032, 246 Twelve League Circle, Richard Butler and Patricia Stahl; #19-30000033, 1940 Carrigan Avenue, Sarah Dunlop; #19-30000034, 240 Meadow Beauty Terrace, George and Tami Jo Long; and #19-32000001, 3560 Holliday Avenue, Kevin and Alexis Krogman.

27. Title Opinion Letter for 545 Orange Boulevard; Crown 5 Holdings, LLC.

28. Tennis Developmental Instructor Agreement with Kathryn Martin and Assistant Tennis Pro Agreement with William House III.

29. Parks Contracts for Services with Caothang Nguyen, Kathryn Martin, Kenny Ramos, Megan Voeller, Pedro Mora, Sandra Pardon, and Stanley Ransom Sr.

30. Tourist Tax Funding Agreement with the Baseball Factory, Inc. for the Spring Classic.

31. Tourist Tax Funding Agreement with the District Board of Trustees of Seminole State College of Florida for the FCSAA State/NJCAA Region 8 Softball Tournament.

32. Tourist Tax Funding Agreement with Kevin J. Odonnell d/b/a D9Events for the Power 32 Showcase.

33. Tourist Tax Funding Agreement with Nations Baseball, LLC d/b/a Greater USSSA Baseball for the Greater USSSA May Tournaments.

34. Tourist Tax Funding Agreement for Orange County Soccer Club, Inc. d/b/a Florida Rush Soccer Club for the Champions Cup.

35. Tourist Tax Funding Agreement for Perfect Game Youth Florida, Inc. for the Florida State Championship.

36. Tourist Tax Funding Agreement for USSSA Central Florida Fast Pitch LLC for the Elite Challenger National Qualifier.

37. Pet Rescue Cooperative Service Agreement with Low Rider Dachshund Rescue of Florida.

38. First Amendment to PS-0009-15 with Inwood Consulting Engineers, Inc.

39. Amendment #1 to Work Order #36 to PS-0009-15 with Pegasus Engineering, Inc.

40. Work Order #45 to PS-0009-15 with Inwood Consulting Engineers, Inc.

41. Work Order #46 to PS-0009-15 with Pegasus Engineering, Inc.

42. Work Order #13 to PS-0157-15 with S2L, Inc.

43. Closeout to Work Order #24 to CC-0059-15 with Southland Construction, Inc.

44. Change Order #1 to Work Order #25 to CC-0559-15 with Southland Construction, Inc.

45. Change Order #1 to Work Order #9 to RFP-1294-17 with Pat Lynch Construction, LLC.

46. Closeout to Work Order #10 to RFP-1294-17 with M&J Enterprises International, Inc.

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

48. Amendment #2 to Work Order #4 to PS-1320-17 with Southeastern Surveying and Mapping Corp.

49. Work Order #12 to PS-1320-17 with Southeastern Surveying and Mapping Corp.

50. Work Order #7 to PS-1474-14 with S2L, Inc.

51. Work Order #11 to PS-1822-18 with CH2M Hill Engineers, Inc.

52. Amendment #1 to Work Order #9 to PS-1832-18 with CDM Smith, Inc.

53. Work Order #12 to PS-1832-18 with CDM Smith, Inc.

54. Work Order #13 to PS-1832-18 with England-Thims & Miller, Inc.

55. Work Order #14 to PS-1832-18 with CDM Smith, Inc.

56. Closeout to CC-1885-18 with Handex Consulting & Remediation, LLC.

57. Second Amendment to PS-1905-07 with CDM Smith, Inc.

58. Closeout to CC-1966-18 with Glen Holt Aluminum, LLC.

59. CC-1968-18, Construction Services Agreement, with Glen Holt Aluminum, LLC.

60. Work Order #3 to PS-1998-18 with E Sciences, Inc.

61. CC-2034-18, Construction Services Agreement, with Linton Enterprises, Inc.

62. Change Order #2 to CC-2037-18 with Chinchor Electric, Inc.

63. RFP-2231-19, Agreement for Digital/Electronic Road Signage, with Don Bell Signs, LLC.

64. PS-2266-19, General Transportation Planning Services Agreements, with HDR Engineering, Inc. and CDM Smith, Inc.

65. Work Order #1 to RFP-2324-19 with CGL Companies, LLC.

66. CC-2407-19, Construction Services Agreement, with Glen Holt Aluminum, LLC.

67. Fifth Amendment to RFI-601117-11 with Image Trend, Inc.

68. First Amendment to IFB-601681-13 with Calgon Carbon Corporation.

69. First Amendment to IFB-602326-15 with United Rentals (North America), Inc.

70. First Amendment to IFB-602546-16 with Express Supply, Inc.

71. First Amendment to M-602776-17 with Adventures in Florida, LLC.

72. Second Amendment to IFB-602939-17 with Bound Tree Medical, LLC.

73. IFB-603464-19, Term Contract, with Quadmed, Inc.

74. First Amendment to IFB-603311-18 with Convergint Technologies, LLC.

75. IFB-603327-18, Term Contract, with Volition Controls Corp.

76. RFP-603424-19, Term Contract, with Eminent Valuations, PLLC.

77. IFB-603441-19, Primary Term Contract, with Preferred Materials, Inc.; and Secondary Term Contract with Green Dream International, LLC.

78. Closeout to Work Order #16 to CC-9184-13 with Affordable Development, a Division of Driveways, Inc.

79. Change Order #1 to Work Order #17 to CC-9184-13 with CFE Corp.

80. Closeout to Work Order #17 to CC-9184-13 with Central Florida Environmental Corp.

81. Amendment #1 to Work Order #8 to PS-9464-17 with GAI Consultants, Inc.

82. Amendment #5 to Work Order #6 to PS-9742-14 with CH2M Hill Engineers, Inc.

83. Bids as follows:

CC-2421-19 from Linton Enterprises, Inc.; Boulevard Contractors Corp.;

IFB-603441-19 from Green Dream International LLC;

IFB-603327-18 from Volition Controls Corp.;

CC-2408-19 from Linton Enterprises, Inc.; Glen Holt Aluminum, LLC; Boulevard Contractors Corp.;

CC-2423-19 from Gibbs & Register, Inc.; Central Florida Environmental Corp.; Southland Construction, Inc.; and

CC-2407-19 from Glen Holt Aluminum, LLC; Boulevard Contracts Corp.

REGULAR AGENDA

Agenda Item #43 – 2019-1396

Oxford Road Landscape Options

Mr. Jreij recounted that last January, they held a work session about the Oxford Road landscaping, and the Board directed staff to go back and get more details on the options.

Chris Brown, VHB, addressed the Board and presented a PowerPoint presentation entitled Oxford Road Landscape Options, Oxford Road Improvements, Fern Park Boulevard Extension & New Oxford Road (received and filed). He reviewed the Base, Upgrade, and Enhanced options for both the Gateway Pond Edge and the Urban Pond Edge, the Intersection Hardscape Paving, Street Tree Planting, and Wayfinding Signs along with a Cost Comparison.

Commissioner Dallari indicated he is in support for the Enhanced option. Commissioner Zembower asked about the Lynx Superstop and Ms. Guillet advised they are working with Lynx to try and find a suitable alternative location for the Superstop. Commissioner Constantine added that Lynx will cooperate and wherever the County wants it to be, they said they would do that. Commissioner Zembower confirmed they do not have the property for that yet but they are hoping to have that donated by the existing property owner. Chairman Carey stated, for example, the Lynx Superstop in Sanford is in a shopping center parking lot, so it is on private property and this is probably very similar. The County and DOT have some property on the west side of 17-92 that could possibly be an option. She explained the County pays now for the maintenance etc. for the Superstops as well as the service that comes through Seminole County. Even though you can say Lynx will pay to relocate it, the County still pays for Lynx. Ms. Guillet added this is an economic development project which will offset some of the costs. She recommends they move forward with this decision in absence of the decision on the Superstop because they are attempting to keep this project moving albeit slowly. A lengthy discussion ensued in regard to moving the Superstop and the cost to do that.

After inquiry by Commissioner Lockhart, Mr. Jreij advised the budget for the entire project is over $20 million and they do not have all the money in that project yet. When they finalize the plan, they will have to move some money from Gen 3 and also what they have in Gen 2. Chairman Carey added they used $1.8 million to $1.9 million as the estimate for landscape and enhancements.

Chairman Carey talked about a blended version between the Upgrade and the Enhanced options as well as the ponds edge and the vertical pond wall. In addition, she had questions about stamped asphalt versus stamped concrete and the lifespan of those. Commissioner Dallari expressed his concern about community connectivity and mentioned the $2 million grant from FDOT in connection with the lawsuit settlement about the flyover. Ms. Guillet explained that money was given to them as part of the construction funding of the road. Chairman Carey talked about the tree calipers and expressed her disappointment that you have to get to the Upgrade level to get the minimum tree caliper that they require from any developer. She said she thinks the Upgrade option is great if they add the seating and the stamped concrete because you’d have some cost savings and a beautiful product at the end. Commissioner Lockhart stated she agreed.

Randy Newlon, Casselberry City Manager, addressed the Board and noted they know how expensive projects can become from what was envisioned and he shares their frustration, but he asked that they take a leap of faith in beautifying this project and make it something enduring and attractive and something that might stimulate a higher level of economic development that will complement the Casselberry side of 436 and to hopefully synergize the whole area. They support the Enhanced package and he thinks it will be something the Board can be proud of. He suggests if they feel like the funding might limit their ability to complete other projects that they care to do, they are aware that there is a major project on the penny sales tax list related to Casselberry and 436. It is his understanding that they are looking to work with County staff to divert $1.5 million for planning improvements along 436 in cooperation with FDOT. He thinks there is $3.5 million left that he does not believe there is any clear vision for what that might be. He stated the City of Casselberry might be open to the idea of diverting some of that money over to help with their difficulties of maybe getting to that level of funding that they may not be comfortable with. If the Board would like to have further discussions, they would be glad to do that.

With regard to public participation, Bill Hyde, 2379 Audley Street, spoke in opposition and Katrina Shadix, 1421 Brigham Loop talked about native plants; no one else in the audience spoke in support or in opposition to this item, and public input was closed.

Public Comment Forms were received and filed.

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to strike a balance between the Upgrade and the Enhanced options with a budget not to exceed $2.5 million.

Under discussion, Commissioner Lockhart stated the three things she would like to see from the Enhanced column include the stamped concrete, larger caliper trees, and enhanced landscaping. Chairman Carey agreed. Commissioner Dallari added the City Manager of Casselberry had an excellent point, and he would like County staff and staff from Casselberry to see if there are some things they could bring back so they can understand the cost better and exactly what they are getting instead of trying to pick and choose.

Chairman Carey reminded that Casselberry cannot spend money outside of its city limits and this is not within the city limits. The only thing that can happen is to work with Casselberry on maybe deferring or changing the scope of that Casselberry 436 project. Then they can make the final determination about what the actual plan itself is going to look like. They could also have a conversation with the Florida Native Plants folks to see if there is an opportunity for plant material to be donated and what that cost savings would be. Ms. Guillet indicated they can get with the City and work to try to address that and bring it back by the next meeting.

Ms. Guillet stated she wanted to clarify the Board’s request that they currently have $1.8 million for this project and they want to take $700,000 from the $3.5 million shown on the major project list for the 436 enhancements with Casselberry, which would get them to the $2.5 million. Chairman Carey stated she would need to tell them how she is going to come up with the money. It may be a diversion based on a conversation with Casselberry to clarify because that is what the City Manager offered.

Commissioner Zembower amended the motion to include that staff should come back at the next meeting with a $2.5 million or less budgeted project that includes working with Casselberry, enhanced trees, seating, stamped concrete, and working with the Florida Native Plant Society to see if there is some plant material that can be donated for the project. Commissioner Lockhart as the seconder agreed to the amendment.

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

Agenda Item #44 – 2019-1371

Rosenwald School Property

Joe Abel, Interim Deputy County Manager, addressed the Board to present the request as outlined in the agenda memorandum. He advised the due diligence of this is 90 days with a 45-day closing period.

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute the Contract for Sale and Purchase of Real Property known as the Rosenwald Exceptional Student Education School property from the Seminole County School Board in the amount of $1,750,000; and appropriate Resolution #2019-R-100 implementing Budget Amendment Request (BAR) #19-055 in the amount of $1,825,000 through the General Fund to provide funding for the purchase and other associated costs for closing, title work and assessments for the property acquisition.

With regard to public participation, Minister Jerrod Blackshear, Merritt Street, spoke in support; no one else in the audience spoke in support or opposition to this item, and public input was closed.

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

Agenda Item #45

Yankee Lake Property

Mr. Abel presented the request as outlined in the agenda memorandum.

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute the Contract for Sale and Purchase of Real Property known as Yankee Lake property from the Seminole County School Board in the amount of $1,200,000; and appropriate Resolution #2019-R-101 implementing Budget Amendment Request (BAR) #19-071 in the amount of $1,250,000 through the General Fund to provide funding for the purchase and other associated costs for closing, title work and assessments for the property acquisition.

With regard to public participation, Katrina Shadix, 1421 Brigham Loop, spoke in regard to this item; no one else in the audience spoke in support or opposition, and public input was closed.

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

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

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

Item #46 – Sanford Celery Delta Unnamed ROW Vacate/

Dana Johnson, Fastenel Company and

Andre Hickman, Airsan Investments, LLC – 2019-1418

Danalee Petyk, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum and indicated staff recommends approval.

Robert Weaver, 7121 Grape Road, professional engineer and land surveyor representing Fastenel Company was present for Board questions. He noted he concurs with staff’s recommendations.

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

Motion by Chairman Carey, seconded by Commissioner Zembower, to adopt appropriate Resolution #2019-R-102 vacating and abandoning an uncut portion of an unnamed right-of-way, as recorded in Plat Book 1, Pages 75 & 76, in the Public Records of Seminole County, Florida, Dana Johnson, Fastenel Company and Andre Hickman, Airsan Investments, LLC, Applicants, as described in the proof of publication.

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

Item #47 – Brookmoore Estates Phase III PD Rezone/

Pulte Home Company, LLC – 2019-0020

Matt Davidson, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum. He advised the Planning and Zoning Commission voted unanimously to recommend approval and staff recommends approval as well.

Charlie Madden with Madden, Moorhead & Stokes, 431 E. Horatio Avenue, addressed the Board to submit a rendering of Brookmoore Estates Phase III (received and filed). He pointed out Phase III is just a continuation of Phases I and II.

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 adopt Ordinance #2019-23 enacting a rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development) and approve the associated Development Order and Master Development Plan for approximately 5.01 acres, located on the north side of Chapman Road approximately 4,000 feet west of Alafaya Trail, Pulte Home Company, LLC, Applicant, as described in the proof of publication.

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

Item #48 – Balmy Beach Small Scale Land

Use Amendment and Rezone/Linda Kassof – 2019-0023

Kathy Hammel, Planning and Development Division, addressed the Board and advised this past December, the BCC heard the same rezone and land use request but the uses included 300 apartments, up to 120 feet in height, for five acres. The Applicant has since held a community meeting and changed its request, which is before the Board today. She presented the request as outlined in the agenda memorandum and added the conditions in the Development Order have been updated to address the operational and safety concerns from the last hearing cycle.

Richard Coker, 1404 S. Andrews Avenue, representing the property owner (Taurus CD 186 Balmy Beach FL LP), addressed the Board and pointed out this is a much different application than the Board reviewed in December of 2018. He advised the project architect and engineer are present to answer any questions the Board may have.

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

Commissioner Constantine indicated at the last community meeting there were still some questions regarding ingress and egress from S.R. 436. He asked if that has been resolved, and Ms. Hammock answered yes. She explained the Applicant proposed direct access to Lot 4 from S.R. 436, and that is an improvement that has been vetted with Duke Energy through an easement. That is included in the Master Plan that is before the Board for approval.

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt Ordinance #2019-24 enacting a Small Scale Future Land Use Map Amendment from Low Density Residential to Planned Development for 4.93 acres and Ordinance #2019-25 enacting a Rezone from A-1 (Agriculture) and C-1 (Commercial) to Planned Development (PD) for 20.91 acres and approve the associated Development Order and Master Development Plan, located on the south west corner of the intersection of S.R. 436 and Balmy Beach Drive, Linda Kassof, Applicant, as described in the proof of publication.

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

Item #49 – Crestwood Estates Large Scale Future Land Use Map Amendment and PD Rezone/Thomas Daly – 2019-0019

Ms. Petyk presented the request as outlined in the agenda memorandum. She pointed out the Planning & Zoning Commission voted 5-1 to recommend approval of the request with two additional conditions: Lot 19 will remain one acre in size, which is reflected in written conditions O and P in the Development order; and a deed restriction shall be put into place to prevent Lot 20 (the estate lot) from being further subdivided, which is reflected in written condition MM. Staff recommends transmittal.

Chairman Carey asked if this request has to go through the entire process again since it is basically a new application, and Ms. Petyk answered that is correct.

Mr. Madden, on behalf of the contract purchaser Pulte Homes, submitted and reviewed a comparison chart (received and filed) showing the existing A-1 zoning and the proposed PD zoning. Mr. Madden stated Pulte Homes has agreed to a 25-foot natural buffer with a six-foot wall along the Heathrow lots even though there is no Land Development Code requirement to do so. They also voluntarily agreed to do a six-foot wall and a ten-foot landscape buffer along the common property line where they have the one-acre lot on Lake Marietta. He advised one of the big concerns was that the five-acre estate lot could be split up later on. Mr. Madden explained that is not their intention; and in order to prove that, it was suggested that a Private Deed Restriction (copy received and filed) be placed on that property. It has been signed by the sellers and notarized, and it will be recorded with the final plat. Chairman Carey clarified the Private Deed Restriction is not a recorded document yet. She added the reality is, if somebody tried to subdivide that lot, it would have to come back before the Board.

With regard to public participation, the following spoke in opposition: Blaine Darrah, 1624 Cherry Ridge Drive; Nancy Ayers, 3477 Michigan Street; Ed Abate, 1581 Cherry Lake Way; Martin Alpert, 792 Preserve Terrace; Marsha Powell, 5505 Markham Woods Road; Robert Methven, 5574 Whispering Woods Point; Joseph Humphreys, 883 Cardinal Pointe Cove; no one else in the audience spoke in support or in opposition to this item and public input was closed.

Public Comment Forms and a Written Comment Form were received and filed.

Chairman Carey stated the last time this item was before the Board they had a lot of discussion about safety, improvements to Markham Woods Road, turn lanes, and those types of things. She asked if all of those are still in place for any development to occur at the end of the street. Jean Jreij, Public Works Director, addressed the Board and answered they are still in place and would be addressed at site plan.

Mr. Madden submitted a location map (received and filed) and pointed out the site, Markham Woods Road, the Wekiva River Protection Area, and the Lake Sylvan Transition Area. He advised if you go around the perimeter of the site, he doesn’t know how they could possibly be more compatible with the neighbors or do a more respectful job.

Commissioner Zembower asked what the previous request was, and Mr. Madden answered 31 lots. Chairman Carey discussed the history of development in the area where the site is located and why it is so desirable.

Motion by Chairman Carey, seconded by Commissioner Zembower, to approve transmittal of a proposed Ordinance to enact a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development to State and regional review agencies; and, subject to final approval and adoption of the Large Scale Future Land Use Amendment Ordinance, adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for approximately 20.96 acres, located east of the Markham Woods Road and Michigan Street intersection, Thomas Daly, Applicant, as described in the proof of publication, along with the evidence presented today regarding the Deed Restriction and the comments made by the County Engineer regarding the improvements on Markham Woods Road.

Under discussion, Commissioner Constantine reminded that he was not supportive of the last request of 31 units. He stated the fact of the matter is, it’s still 19 units for 11 acres. The five-acre estate is basically outside of this project, so the density is the same. The Commissioner advised just because in the past they have allowed developments certain density, doesn’t mean they have to give this project the density that is being asked for. Discussion ensued regarding residential zoning, development, and population growth.

Districts 2, 4, and 5 voted AYE.

Districts 1 and 3 voted NAY.

Item #50 – Board of Adjustment Appeal

190 Lake Seminary Circle/Jerome and Cynthia Hart – 2019-1367

Angi Kealhofer, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum. She explained on April 8, 2019, the Harts filed a Notice of Appeal of the Board of Adjustment decision to approve a boat dock located at 190 Seminary Circle. The Harts own the property directly to the south of the approved variance location. On December 18, 1995, the lot owned by the Harts located at 185 East Faith Terrace received a side-yard south setback variance from 10 feet to 2 feet for a boathouse and dock. Based on the information, findings, and conclusions included in the agenda memorandum prepared in association with the original action taken by the Board of Adjustment at its meeting on March 25, 2019, and the testimony presented at the meeting, staff recommends the Board overturn the decision of the Board of Adjustment thereby denying the request for a side-yard (south) setback variance from 10 feet to 2 feet for a boat dock located at 190 Lake Seminary Circle.

Commissioner Dallari asked for the aerial to be displayed, and Ms. Kealhofer pointed out where the new dock would be located. Commissioner Zembower noted there is already a dock on that property. He asked the reasoning for moving that dock. Ms. Kealhofer explained they would have to remove the existing dock in order to build a new dock. The property owners have a swale that was built at the time of the building permit and approved by Engineering in the backyard. They want the new dock on the south side of the property so that they can access the dock when the swale fills up with water. For clarity, Chairman Carey advised the Board of Adjustment approved the Smith’s request for the variance, and now the Harts are appealing the Board of Adjustment’s decision. Commissioner Zembower asked if the Smith’s current dock is permitted on a previous plan, and Ms. Kealhofer answered she doesn’t know because permit retention is only for 10 years.

Roxanne Smith, 190 Lake Seminary Circle, addressed the Board and submitted an information packet (received and filed). She stated her boat dock is probably 30 to 40 years old, but it was permitted. She reviewed the history of the variance the Harts received years ago and the swale in her backyard. Ms. Smith expressed she finds the issue of privacy interesting because on the lake, anyone who walks to the water’s edge can see some of everyone’s yard or house because the lake is round. She opined the Harts have less of a view because they have a 13-foot high fence, a 17-foot high bamboo trellis, 13 to 15 bottlebrush plants, and a 6-foot fence that goes to the water’s edge. Ms. Smith’s boat dock is designed to be flat with no boat house, so there is no obstruction to the lake view. Upon Chairman Carey’s inquiry, Ms. Smith pointed out her property line on a document in her submittal. Ms. Smith asked the Board to maintain the variance that was granted by the Board of Adjustment.

Marlene Kirtland Kirian, attorney representing the Harts, addressed the Board and submitted plot plans (received and filed). Ms. Kirian stated it is her position that the Smiths did not satisfy all of the requirements under Section 30.43(b)(3) of the Land Development Code for granting a variance. She discussed the swale on the Smiths’ property and why the Harts’ variance was granted in 1995. Ms. Kirian opined the Smiths did not comply with any of the requirements under Section 30.43(b)(3) requiring them to get a variance; therefore, she is asking that the Board of Adjustment’s decision be overturned and be built in compliance with the original plans that were submitted and approved by the County.

Commissioner Lockhart asked what the Harts have done to help maintain aquatic vegetation and plants that will minimize runoff. Cynthia Hart, 185 East Faith Terrace, addressed the Board and stated they have a drainage plan that was approved by Seminole County so they don’t have any runoff into the lake and a seawall. Ms. Kirian expressed why she thinks the Board should overturn the Board of Adjustment’s decision.

Ms. Smith noted another reason they wanted to offset the dock is so it would be visually appealing. And in regard to aquatic life, they have a lot of it and have let it grow because they feel it is important as a secondary filtration into the lake. Chairman Carey confirmed with Ms. Smith that the Smiths’ proposal for a dock does not include a boathouse and is similar to what they currently have but moved two feet off the property line. Ms. Smith discussed water management.

Ms. Kirian stated it is her position that the dock should be built where it was approved in the original site plan. The Smiths built the swale, and if it floods for eight hours, that is their inconvenience because that’s how they built it. She advised the Harts are objecting to any variance at this time.

Chairman Carey asked if there was a dock permitted as part of the permits for the house, and Ms. Kealhofer answered no. Chairman Carey stated they didn’t permit a dock because there was already a dock there. She confirmed with Ms. Kealhofer that they asked for the variance in order to be able to tear down the dilapidated dock and build a new one. Chairman Carey opined the Smiths have proven a hardship in many ways.

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

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to uphold the decision of the Board of Adjustment to approve the request for a side-yard (south) setback variance from ten (10) feet to two (2) feet for a boat dock in the R-1AA (Single Family Dwelling) district for property located on the south side of Lake Seminary Circle, Jerome and Cynthia Hart, Appellants, as described in the proof of publication; Decision on Appeal; Approval Development Order.

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

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Ex parte communications were received and filed from all five districts.

COUNTY MANAGER’S REPORT

Rebecca Hammock, Development Services Director, addressed the Board and presented a Code Enforcement Update presentation (received and filed). She reviewed Administrative Costs, Lot Cleaning/Abatement Program, Proposed Nuisance Abatement Program, Building Division Nuisance Abatement, Code Enforcement Citation Process, Amnesty Program, and Continuances and Extensions.

Discussion ensued regarding how many properties are accruing fines, and it was determined there are around 240. Nicole Guillet, County Manager, confirmed that the Board is comfortable with staff bringing something forward regarding nuisance abatement that is consistent with the concepts in the presentation.

Ms. Hammock advised there are 236 outstanding liens and 111 of those are non-compliance. Outstanding complaints were discussed and Chairman Carey requested information as to the total number of complaints and what the complaints are.

In regard to the Amnesty Program, Commissioner Lockhart asked how property owners would be notified of the program. Ms. Hammock answered staff could send a certified letter to all of the property owners within a list of liens, and it would be on the County’s website. Commissioner Lockhart opined if they are going to go through the effort to create the program, they need to be very diligent and go above and beyond to reach the property owners. Ms. Guillet advised it is suggested that they only offer the program once and see how it works. They don’t want people to wait until next year, so it would be a one-time deal; and depending on the success of it, they could possibly bring it back sometime later.

Ms. Hammock indicated staff needs direction on whether or not the Board is comfortable with the six-month timeframe, the reduction amount, and the eligibility criteria. If the Board is comfortable with those things, staff can bring back a resolution to implement the Amnesty Program. There was consensus of the Board for staff to bring back a resolution.

In regard to Continuances and Extensions, Chairman Carey expressed she believes they have to look at the complaints on a case-by-case basis. Ms. Guillet explained she thinks they can do that and still have some guidelines. Staff has talked about a hardship policy, but there’s not even any guidance for the Special Magistrate regarding continuances and extensions. She believes it would be good to have some sort of guideline. Chairman Carey stated she doesn’t have an issue with guidelines, but the Code Enforcement Officer would have a better idea than the Board about the situation and so would the Special Magistrate when they hear it. Commissioner Zembower indicated he thinks guidelines would be helpful and it would also help administer equal treatment under the guidance of the law.

Ms. Hammock reviewed Summary. Chairman Carey advised the Board wants to see what the budget is before they approve a program. Ms. Guillet pointed out the difference with the Abatement Program is that instead of doing a lien, they would do a special assessment so the County is much more likely to recoup that money. Chairman Carey requested when staff is working on the resolution for the Amnesty Program, she would like for it to be clear that it is intended to be a one-time opportunity.

DISTRICT REPORTS

District 2

Commissioner Zembower announced the various events he recently attended.

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Motion by Commissioner Zembower, seconded by Commissioner Dallari, to adopt appropriate Resolution #2019-R-84 in appreciation of Scott Ballou for his service on the Code Enforcement Board; and to appoint Bob Wolframe to the Code Enforcement Board.

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

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Commissioner Zembower asked that sometime in the near future they have some discussions about some of the private road issues within the county so they can figure out what really needs to be done on some of the roads that are in his district which were maintained at some point but are no longer being maintained. Commissioner Lockhart indicated years ago they did an assessment of how many miles of unpaved roads were in the county and which were public and which were private. She knows there are still some left and asked if staff could provide a current list. Ms. Guillet answered they can try. She explained they have a list of the public roads that are not paved and there are about nine miles of that. Staff guestimates about 100 miles of unpaved private roads. She noted the County has a significant surplus of asphalt millings, so they may be able to provide a significant discount for folks. Commissioner Dallari requested Ms. Guillet bring a recommendation to the Board.

District 1

Commissioner Dallari reported on a recent SunRail meeting, and asked that a presentation by SunRail be scheduled for a future agenda. He discussed an upcoming veterans luncheon, and Chairman Carey asked that notice of that event be posted on the County’s website. The Commissioner noted he met with the Park Accreditation Task Force at the Sports Complex and talked about their meeting.

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In regards to the Natural Lands Program work session that he requested back in May, Commissioner Dallari inquired when they would see that on their schedule. Ms. Guillet reminded staff distributed the work session schedule at a Board meeting; and at that meeting, the Chairman asked that any requests for additional work sessions be routed to her office. Commissioner Dallari reiterated he requested the work session at a Board meeting and the Board agreed, so it was his understanding they had consensus back in May to put it on the work session schedule. Ms. Guillet stated staff is happy to put it on the schedule. However, they have a lot of work sessions so she needs to know where it falls under the Board’s priorities.

Chairman Carey advised Ms. Guillet to put it on the schedule. If the Board desires to modify the budget after it is submitted and add additional money for whatever reason, then there is the ability to do so during the budget work sessions and also at the budget public hearings. If nothing comes of that and they talk about Natural Lands in October and decide to put it out for another voter referendum, then they could do that for the 2020 election. Commissioner Dallari noted he thinks they could talk about it before October. Commissioner Zembower pointed out the Charter allows the citizens to do it as well without the Board’s involvement. Commissioner Lockhart discussed the work session schedule and opined they always end up getting rushed. She asked if the Board would be open to adding some additional days during the week, other than Board days, to have some of these work sessions. Chairman Carey pointed out they all have conflicting schedules and serve on other boards and committees. She stated they can work on trying to get some calendar dates.

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Commissioner Dallari stated a couple months ago the Board received a presentation from the Fish and Wildlife group about the Urban Bear Management Area. He asked when the results of that presentation would be coming back to the Board. Ms. Guillet answered she will talk to the City of Oviedo and find out.

District 3

Commissioner Constantine announced various upcoming events and congratulated high school students around the county for sporting accomplishments. The Commissioner advised in working with the Clerk’s Office, those with jury duty summons will have free rides provided by LYNX for jury duty. He discussed banning single-use plastics in Seminole County venues.

District 4

Commissioner Lockhart reported on the Boys and Girls Club. She requested Meloney Lung, Assistant County Manager, set up briefings with the Commissioners to explain the situation.

District 5

Chairman Carey discussed the Granite Pavers project and asked that the application for pavers be on the county’s website. She reported on the Airport Board meeting and noted they signed a Memorandum of Understanding with CFX to implement E-PASS at the airport parking facility.

CHAIRMAN’S REPORT

Chairman Carey advised she received a request from the Supervisor of Elections for an appointment of a member to the 2019/2020 Canvassing Board. She reviewed the eligibility to be a member of the board and heard no recommendations. The Chairman advised she is going to let the Supervisor of Elections know that he should get Judge Rainwater to appoint the member.

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The Chairman noted the Florida Public Service Commission has approved a service area, area code overlay for the region. The new area code is 689.

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Chairman Carey announced when the meeting recesses, they will convene in 3024 for a work session; and then they will convene a closed attorney-client session. The Chairman read the following into the record: The Seminole County Board of County Commissioners will conduct a closed attorney-client session with legal counsel immediately following the afternoon work session in room 3024. The purpose of the closed attorney-client session is to discuss litigation strategy related to expenditures and to consider a settlement offer received on May 22, 2019, from the plaintiff in the River Cross Land Company, LLC v. Seminole County federal case. Attendance at the closed session is strictly limited to the following individuals: County Commissioners Brenda Carey, Jay Zembower, Amy Lockhart, Lee Constantine and Bob Dallari; County Attorney Bryant Applegate; Deputy County Attorney Lynn Porter-Carlton; and outside counsel Todd Norman and Shaina Stahl of the Nelson Mullins Broad and Cassel law firm.

A certified court reporter will be in attendance to transcribe the closed session in its entirety. The closed session is being conducted pursuant to Florida Statute 286.011(8) and is expected to last between one and two hours. The transcript of the closed session will remain sealed until the conclusion of the litigation, at which point it will be made part of the public record. All discussions will be strictly limited to litigation strategy related to expenditures and the proposed settlement offer.

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 dated May 9, 2019 to Chairman Carey from James Stansbury, Florida Department of Economic Opportunity, RE: Seminole County Ordinance 2019-17. C: Rebecca Hammock; Hugh Harling, ECFRPC.

2. COPY of a letter and attachment dated May 10, 2019 to Chairman Carey from Albert E. Fontenot, Jr., Associate Director for Decennial Census Programs, United State Department of Commerce, RE: 2020 Census New Construction Program.

3. COPY of a letter dated May 13, 2019 from Chairman Carey to the Service Development Grant Program Transit Office, FDOT, RE: support for the City of Sanford Trolley operations.

4. COPY of a letter without attachments dated May 21, 2019 to Chairman Carey from Peter H. Weinberger RE: Seminole County Opioid Contingent Fee Retainer Agreement.

5. Public Information Meeting Notice dated May 23, 2019 from Jordan Smith, City of Sanford, RE: proposed future land use amendment, Parcel ID: 04-20-30-501-0000-0010.

6. Letter dated June 3, 2019 to Chairman Carey from David Johnson, Property Appraiser, RE: total ad valorem tax levy on 2018 Seminole County Tax Roll, Board of County Commissioner’s proportionate share. C: Timothy Jecks; Wendy Aviles.

7. Letter dated June 3, 2019 to Chairman Carey from David Johnson, Property Appraiser, RE: total ad valorem tax levy on 2018 Seminole County Tax Roll, Unincorporated Road District’s proportionate share. C: Timothy Jecks; Wendy Aviles.

8. Letter dated June 3, 2019 to Chairman Carey from David Johnson, Property Appraiser, RE: total ad valorem tax levy on 2018 Seminole County Tax Roll, Seminole County/Municipal Fire District’s proportionate share. C: Timothy Jecks; Wendy Aviles.

ITEMS FOR FUTURE AGENDA

Jennifer Lawrence, 1836 Hawkins Avenue, addressed the Board and discussed her concerns regarding the Lockhart community including lack of notices for development, streetlights, drainage, and sidewalks.

Mark Kamrath, 1377 South Ridge Lake Circle, addressed the Board and submitted a petition (received and filed) concerning the Grace Lake project. He advised the request is for the Board to consider setting the elevation for the proposed outfall from Grace Lake to Myrtle Lake at a historically appropriate level, which they believe is no lower than 60 feet; retain the existing natural outflow of water between the eastern end of Grace Lake and the western end of Grace Lake; and to direct staff to schedule a meeting with petitioners.

Chairman Carey asked that Ms. Guillet make sure that everybody on the petition gets noticed regarding any meetings that are held with the Water Management District and others so they can attend if they so choose.

Elizabeth McCarthy, 110 E. Jinkins Circle, addressed the Board in regard to Pride Month and discussed a 25-foot rainbow flag. She submitted a document (received and filed) regarding the history of the flag and asked if the County was interested in installing the flag on a Seminole County Building.

Commissioner Lockhart advised she feels comfortable flying the American flag and the State of Florida flag on government buildings; but once they start flying other flags, she isn’t sure where they stop because there are a lot of flags that support a lot of different communities and thoughts. Commissioner Zembower and Chairman Carey agreed. The Chairman suggested there are several private businesses that may be interested; and she added if any of the Commissioners know of a business that might be interested, they should reach out to Ms. McCarthy and provide her the information.

Katrina Shadix, 1421 Brigham Loop, addressed the Board and discussed the plastic bag ban in the City of Orlando and hoped that Seminole County will follow in their footsteps. She reported on her efforts to incorporate the FWC bear-wise curriculum into schools and her trashcan retrofitting program.

Public Comment Forms and a Written Comment Form were received and filed.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:24 p.m., this same date.

ATTEST:______________________Clerk_____________________Chairman

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