BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

July 23, 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, July 23, 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)

     Deputy Clerk of Court Brent Holladay

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerks Terri Porter and Chariti Colon

 

 

     Pastor Jim Lynch, East Coast Believers Church, Oviedo, gave the Invocation.  Commissioner Dallari led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Advanced Composite Structures was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2019-1511

     Chairman Carey advised that the request to adopt a Resolution recognizing David W. O'Brien, Resource Manager, for his service to Seminole County Government has been continued to the next meeting.

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Agenda Item #2 – 2019-1507

     Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2019-R-114 recognizing Jodi Doyle, Building Division Manager, Development Services Department, for over 30 years of service to Seminole County Government and its citizens upon her retirement.

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

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Agenda Item #3 – 2019-1510

     Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt a Proclamation recognizing the Winter Springs Babe Ruth Eight and Under All-Star Baseball Team State Championship Winners.

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

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Agenda Item #4 – 2019-1509

     Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt appropriate Resolution #2019-R-115 recognizing Wendy Brandon, recipient of Leadership Seminole's Leadership Legend Award for 2019.

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

CONSENT AGENDA

County Manager Nicole Guillet announced they are pulling Item #14 regarding the Broadstone Parkway subdivision plat and Item #18, a Landfill Gas Purchase Agreement with Seminole Energy, LLC.  Commissioner Dallari requested that Items #21 and #27 be pulled for separate discussion. 

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

 

County Manager’s Office

Telecommunications

 5.  Approve the Interlocal Agreement pertaining to installations and maintenance of radio communications equipment and accessories between Seminole County and the School Board of Seminole County.  (2019-1505)

Office of Emergency Management

 6.  Approve and authorize the Chairman to execute the FY 2019 Service Enterprise Initiative Agreement with Best Friends Animal Society.  (2019-1513)

 

Community Services

Business Office

 7.  Approve the recommended funding allocations to the agencies listed for Community Services Agency (CSA) Partnership Grant funds in the amount of $822,233 for FY 2019-2020; and authorize the Chairman to execute the CSA Agency Agreements upon agency execution.  (2019-1514)

Community Development

 8.  Approve the FY 2019/20 One-Year Action Plan; authorize the Chairman to execute corresponding documents, and signature pages, the Standard Forms SF424 and SF424D, all certification pages and subsequent Subrecipient and Grant Agreements with the U.S. Department of Housing and Urban Development (HUD); and authorize Community Services Department staff to submit the One-Year Action Plan to HUD for approval.  (2019-1515)

 9.  Approve and accept the Neighborhood Stabilization Program (NSP) Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of June 2019.  (2019-1516)

 

Development Services

Planning and Development Division

10.  Authorize the Chairman to execute the Satisfaction of Lien for Code Enforcement Special Magistrate Case #18-53-CESM, at 1909 Hewett Lane, Maitland, Tax Parcel #19-21-30-BZ-0N00-0150, owned by CSH 2016-2 Borrower LLC.  (2019-1443)

11.  Adopt appropriate Resolution #2019-R-116 vacating and abandoning a portion of a platted six (6) foot wide Drainage Easement on Lot 31, Lake Jesup Woods, as recorded in Plat Book 67, Pages 59-62, in the Public Records of Seminole County, Florida, more particularly known as 1574 Song Sparrow Court; Zulfikar Jaffer, Applicant.  (2019-1474)

12.  Adopt appropriate Resolution #2019-R-117 vacating and abandoning of a portion of First Addition to Lockhart’s Subdivision plat, as recorded in the Public Records of Seminole County, Florida, in Plat Book 4, Page 26, located in the MLK Commerce Center PD; Thomas Ball, III, LLLP., Applicant.  (2019-1479)

13.  Authorize release of Maintenance Bond (Private Roads) #1059063 in the amount of $100,864.00 for the Park Place at Aloma subdivision; Meritage Homes of Florida, Inc., Applicant.  (2019-1480)

14.  Pulled from the agenda the request to approve the plat for the Broadstone Parkway subdivision containing two (2) lots on 17.04 acres zoned PD (Broadstone Forest Planned Development), located southwest of the SR 46 and International Parkway intersection; Bobby Anderson, Applicant.  (2019-1499)

15.  Authorize release of Maintenance Bond (Private Road) #268010731 in the amount of $146,963.88, and Maintenance Bond (Streets, Curbs, Storm Drains) #268010732 in the amount of $8,374.03 for the Retreat at Lake Brantley subdivision; Pulte Home Company, LLC, Applicant.  (2019-1500)

 

Environmental Services

Business Office

16.  Approve the release of two (2) Maintenance Bonds for water and sewer facilities as follows:  #CMS0325081 in the amount of $28,103.78 for Markham Square and #CMS0325080 in the amount of $10,498.54 for Serenity Cove; Park Square Homes, Applicant.  (2019-1477)

17.  Approve and authorize the Chairman to execute the First Amendment to the Wholesale Water Service Agreement between the City of Altamonte Springs and Seminole County for Apple Valley and Druid Hills.  (2019-1484)

Solid Waste Management

18.  Pulled from the agenda the request to approve and authorize the Chairman to execute the First Amendment to Landfill Gas Purchase Agreement between Seminole Energy, LLC, and Seminole County to implement the 10-year rate adjustment for the purchase price of the landfill gas as required by the agreement.  (2019-1517)

 

Public Works

Engineering Division

19.  Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $2,500 between property owner, Effie L. Fossitt, and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Leonard Street at Ronald Reagan Boulevard (CR 427).  (2019-1475)

Facilities

20.  Approve and authorize the Chairman to execute a Lease Agreement between the Seminole County Sheriff’s Office, the State of Florida Department of Law Enforcement, and Seminole County; and adopt appropriate Resolution #2019-R-118 for the State of Florida Department of Law Enforcement Secondary Computer Data Storage site (State Lease Number 710:0236).  (2019-1383)

21.  Pulled for separate discussion by Commissioner Dallari.

22.  Approve and authorize the Chairman to execute the Reflections of Hidden Lake Community Services Department Lease between A&Z Ventures, LLC and Seminole County.  (2019-1491)

 

Resource Management

Budget Division

23.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-119 implementing Budget Amendment Request (BAR) #19-079 in the amount of $1,436,500 through the 2014 Infrastructure Sales Tax Fund to allocate funds for the Orange Boulevard Resurfacing Project (CIP#01785303).  (2019-1486)

24.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-120 implementing Budget Amendment Request (BAR) #19-080 through the Public Works Grant Fund to recognize revenue in the amount of $625,484 from the Florida Department of Transportation (FDOT) and establish budget for the CR 419 at Lockwood Boulevard Intersection Improvement Project (CIP#02007093) (FPN: 439859-1-58-01).  (2019-1487)

25.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-121 implementing Budget Amendment Request (BAR) #19-081 through the 2014 Infrastructure Sales Tax Fund to allocate funds in the amount of $980,000 for the Local Roads Paving Project (CIP#01785216) and $1,200,000 for the Martin Luther King Jr. Boulevard Resurfacing Project (CIP#02007091) for a total of $2,180,000 from Reserves.  (2019-1488)

26.     Approve and authorize the Chairman to execute appropriate Resolution #2019-R-122 implementing Budget Amendment Request (BAR) #19-082 through the 2014 Infrastructure Sales Tax Fund to allocate funds in the amount of $3,394,323 for the Hillview Drive Drainage and Roadway Project (CIP#02007092) and through the 2001 Infrastructure Sales Tax Fund in the amount of $50,000 for the U.S. 17-92 Stairwell Overpass Project from Reserves.  (2019-1489) 

27.  Pulled for separate discussion by Commissioner Dallari.

28.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-124 implementing Budget Amendment Request (BAR) #19-087 to transfer funds in the amount of $156,994 from General Fund reserves to the Fleet Replacement Fund to increase the budget for emergency repairs related to the Generator Control System Project at the Public Safety Building.  (2019-1494)

29.  Approve and authorize the Chairman to execute  Modification #1 to a Subgrant Agreement (Contract Number 19-DS-01-06-69-02-297) between the State of Florida, Division of Emergency Management, and Seminole County to increase the contract amount by $45,000 to purchase specialized radios for the Urban Search And Rescue (USAR) Team for better coordination and communication; and execute appropriate Resolution #2019-R-125 implementing the Budget Amendment Request (BAR) #19-088 through the Public Safety Grant Fund in the amount of $45,000 to establish the additional funding.  (2019-1496)

30.  Approve and authorize the Chairman to execute Modification #1 to Subgrant Agreement (Contract Number 18-DS-X1-06-69-01-337) between the State of Florida, Division of Emergency Management, and Seminole County to extend the term of the agreement to February 29, 2020.  (2019-1495)

31.  Approve and authorize the Chairman to execute Amendment #0002 to the Florida Department of Children and Families (DCF) Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Contract that replaces Exhibit E to reduce the performance measures targets in Section E-1.1 and E-1.9., and the associated methodology targets in Sections E-2.2 and E-2.10.  (2019-1497)

 

Purchasing and Contracts Division

32.  Award RFP-603511-19/BJC – Voluntary Vision Care Benefits to EyeMed Vision Care, LLC, Mason, Ohio; and authorize the Purchasing and Contracts Division to execute the award documents.  (2019-1472)

33.  Award CC-2522-19/TAD Landfill Gas Collection and Control System Expansion at Osceola Road Landfill in the amount of $1,127,425 to Aptim Environmental & Infrastructure, LLC of Baton Rouge, LA; and authorize the Purchasing and Contracts Division to execute the agreement.  (2019-1478)

34.  Award IFB-603484-19/TLR - Term Contract for Roadways Landscape Installation Services to Brightview Landscape Services, Inc., Longwood; and authorize the Purchasing and Contracts Division to execute the agreement.  The estimated usage for this contract is $250,000 per three-year term.  (2019-1460)

35.  Approve the ranking list, authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing and Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-2483-19/GCM - Bridge Inspection Services.  Estimated Annual Usage of $100,000.  (2019-1471)

36.  Approve an increase to the estimated term usage for PS-1405-17/AEJ - Master Agreement for Professional Engineering Services Orange Boulevard (CR 431) Safety Improvements with Johnson, Mirmiran & Thompson, Inc. of Lake Mary, in the amount of $2,050,000, for a revised Term Usage Amount of $2,900,000.  (2019-1481)

37.  Approve Amendment #5 to Work Order #22 (Alton Drive Stormwater - Lake Asher) under PS-9738-14/JVP - General Environmental Consulting with Environmental Consulting & Technology, Inc., of New Smyrna Beach, in the amount of $14,474; and authorize the Purchasing and Contracts Division to execute the work order amendment.  (2019-1493)

38.  Approve Work Order #49 (Mullet Lake Park Road Conceptual Drainage Alternative Design Project) under PS-0009-15/RTB - Design of Minor Project Less Than $2,000,000 with Inwood Consulting Engineers of Oviedo, in the amount of $109,987.42; and authorize the Purchasing and Contracts Division to execute the work order.  (2019-1498)

39.  Waive the Procurement Process and authorize a Sole Source Procurement SS-603553-19/BJC for the purchase of one (1) Tarpomatic Automatic Tarping Machine (ATM) from Tarpomatic, Inc., Canton, Ohio, in the amount of $72,001.38; and authorize the Purchasing and Contracts Division to issue the purchase order.  (2019-1492)

 

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

 

Consent Agenda Item #21 - (2019-1398)

Recovery House of Central Florida Lease

 

Commissioner Dallari indicated this property is adjacent to the Five Points property; in fact, it connects to it.  He knows there is a six-month “out” clause in the lease, but they are doing an overall master plan and he thinks that this property should be included in that.  He wondered if the six-month “out” clause is adequate.  Ms. Guillet responded in the affirmative to both questions.  She explained the property is part of the overall master plan and the six months was requested specifically by Recovery House in the event that the County needs to use that property for something else.  They felt like they would need six months to find another location.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute the First Renewal and First Amendment to the Recovery House Lease between Recovery House of Central Florida, Inc. and Seminole County. 

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

Consent Agenda Item #27 – (2019-1490)

Chiller Replacement at Correctional Facility

 

Commissioner Dallari noted the chiller at the jail was installed in 2009 and they are wanting to replace it after 10 years.  It states in the backup that it was struck by lightning but he thinks that the issue was a power surge.  He wants to make sure that in doing the overall master plan that someone should be doing an evaluation of an energy plan for all of Five Points.  He thinks this would be the time to see if they are actually replacing the chiller or tying into a district power plant for chilled water.  If they do need to replace the chiller, in looking at the facilities report, it is a primary/secondary flow and that is old technology.  He is concerned they have not researched this enough.

Chairman Carey remarked this is a backup switch-out system and with those units being 10 years old, she would be concerned if they waited to see if they were going to build a chiller plant to provide service to all of those, because if one of the other units goes down, they have a jail with no air.  She noted the next item has to do with the same large storm; she wondered if they had notified their insurance company.  Even though they are self-insured, if there was damage to multiple facilities in the same storm event, there may be an ability to recover some of those costs.

Commissioner Dallari said he would like to see more information:  has staff looked at whether they go and change the system out to be more efficient; is there surge information that should be looked at so they can make sure the existing chiller doesn’t have that; do they have temporary connections in case they lose the secondary chiller.  Jean Jreij, Public Works Director, addressed the Board to advise the chiller was rebuilt in 2003.  They got a proposal to rebuild it which would cost about $160,000.  A new one will be more efficient and will cost about $235,000. 

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2019-R-123 implementing Budget Amendment Request (BAR) #19-085 in the amount of $235,804 to transfer funds from General Fund Reserves to the Facilities Maintenance Fund for the replacement of a chiller located at the Seminole County John E. Polk Correctional Facility.

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

 

District 1 voted NAY.

 

Motion passes 4 to 1.

 

Commissioner Dallari remarked that the chiller isn’t one efficiency; it is a system.  They should really be looking at the system efficiency because the two need to be connected and working together.  The system curve and the chiller curve need to be married and he thinks that staff needs to look at that because he does not think they are. 

Clerk & Comptroller’s Consent Agenda Item #40 – 2019-1506

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve Expenditure Approval Lists dated June 10, 24, and July 1, 2019; Payroll Approval Lists dated June 13 and 27, 2019; BCC Official Minutes dated June 11 and 25, 2019; and the 2019 BCC Records Destruction List.

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

 

Clerk & Comptroller’s “Received and Filed” Documents

1.    Unauthorized Commitment Memorandum dated June 7, 2019, from Olivette Carter, Director of Community Services, to Nicole Guillet, County Manager, re: Brownie’s Septic and Plumbing, LLC, requesting approval of payment of $985.00 for services rendered prior to the issuance of a notice to proceed.

 

2.    Florida Public Service Commission Order Approving Interim Storm Recovery Charge, #PSC-2019-0268-PCO-EI, re:  Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricane Michael and approval of second implementation stipulation, by Duke Energy Florida, LLC, Docket #20190110-EI, issued July 1, 2019.

 

3.  Florida Public Service Commission Consummating Order, #PSC-2019-0254-CO-EI, re:  Request for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 5.97% to 6.22%, effective January 1, 2019, by Florida Power & Light Company, Docket #20190087-EI, issued June 27, 2019.

4.  Florida Public Service Commission Consummating Order, #PSC-2019-0269-CO-EI, re:  Petition for approval to amend street lighting, outdoor lighting, and LED lighting pilot tariffs, by Florida Power & Light Company, Docket #20190048-EI, issued July 2, 2019.

5.  Florida Public Service Commission Notice of Proposed Agency Action, Order Approving Florida Power & Light Company’s Standard Offer Contract and Schedule QS-2, #PSC-2019-0265-PAA-EQ re:  Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company, Docket #20190082-EQ, issued July 1, 2019.

6.  Maintenance Bond (Streets, Curbs, Storm Drains) #30068962 in the amount of $171,435.24 for the project known as Water’s Edge at Hawk’s Crest Phase 3; Meritage Homes of Florida, Inc.

7.  Maintenance Bond (Water and Sewer Facilities) #30068963 in the amount of $29,469.36 for the project known as Water’s Edge at Hawk’s Crest Phase 3; Meritage Homes of Florida, Inc.

8.  Maintenance Bond (Water and Sewer Facilities) #SUR0048114 in the amount of $73,429.81 for the project known as Hideaway Cove Phase 1; M/I Homes of Orlando, LLC.

9.  Recording of Plats and Certificate of Title for the Big Tree West subdivision; Mike Hattaway and Robley R. Bruce.

10.  Sidewalk Easement with Edgard Jacques and Jing Zhao, 110 Harris Street, Altamonte Springs (Grantor).

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

12.  Developer’s Commitment Agreement #18-20500052, Oviedo Boat & RV Storage PD; Wilken Property Management, LLC.

13.  Developer’s Commitment Agreement #18-20500056, Celery Pointe PD; Goldchem, LLC.

14.  Addendum #5 to Development Order #19-20500015, ETOR PD; Treasure Builder, LLC.

15.  Approval Development Orders #19-30000055, 141 Spring Chase Circle, Bryan Meyer; #19-30000037, 1840 Linden Road, Dave Boes; #19-30000039, 2431 Rock Lane, Carlos Saavedra; #19-30000040, 2111 Dixie Avenue, Donna S. Tidwell and Jason C. Savage; #19-30000041, 5331 Oak Court, John and Sarah Olsen; #19-30000042, 3063 East Windchime Circle, Jon and Dawn Erickson; #19-30000043, 181 Holderness Drive, Danny and Sara Crow.

16.  Pet Rescue Cooperative Services Agreement with Crossed Paws Pet Rescue.

17.  Tennis Developmental Instructor Agreement with Kirt Thompson, Caothang Nguyen, and Lindsay Hoffmeister.

18.  Tourist Tax Funding Agreement with Athletx LLC for Youth Nationals.

19.  Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc., for July 50s/60s Senior Softball Tournament.

20.  Tourist Tax Funding Agreement with Legacy Event Management LLC for Alex Wilcox Classic.

21.  Tourist Tax Funding Agreement with Perfect Game Youth Florida, Inc., for Tucci Lumber Wood Ba Championship.

22.  Tourist Tax Funding Agreement with Perfect Game USA, Inc., for PG16U WS Qualifier/PG Super25 NC 9U-12U; Super25 National Championship 13U/15U; 14U-16U World Series; and PG14U Super25 National Championship/PG13U World Series.

23.  Tourist Tax Funding Agreement with USA Softball of Florida, Inc., for Big South Qualifier.

24.  Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch LLC for Central Florida State Championship.

25.  Change Order #2 to Work Order #21 to CC-0559-15 with CFE Corp.

26.  Change Order #2 to Work Order #25 to CC-0559-15 with Southland Construction, Inc.

27.  Change Order #4 to CC-1525-17 with Florida Safety Contractors, Inc.

28.  Change Order #5 to CC-1934-18 with Blackstreet Enterprises, LLC.

29.  CC-2497-19, Construction Services Agreement, with Glen Holt Aluminum, LLC.

30.  Second Amendment to M-602886-17, Shelter Veterinary Services Agreement, with Dr. S. Nanea Morris.

31.  Second Amendment to IFB-600695-09 with PCS Pest Control, Inc.

32.  Third Amendment to IFB-600920-10 with Iron Mountain Information Management, LLC.

33.  Third Amendment to IFB-602939-17 with Bound Tree Medical, LLC.

34.  First Amendment to IFB-602969-17 with Palmidale Oil Company, Inc. (Primary Contractor).

35.  First Amendment to IFB-603217-18 with BSN Sports, LLC.

36.  IFB-603244-18, Term Contract, with AUE Staffing, Inc.

37.  First Amendment to IFB-603357-18 with Dana Safety Supply, Inc.

38.  IFB-603477-19, Term Contract, with Yang, Inc., d/b/a Semco Electric Company.

39.  IFB-603494-19, Term Contract, with Vulcan, Inc.

40.  Amendment #6 to Work Order #51 to PS-4388-09 with Inwood Consulting Engineers, Inc.

41.  Amendment #3 to Work Order #86 to PS-4388-09 with HNTB Corporation.

42.  Amendment #7 to Work Order #3 to PS-8005-12 with CDM Smith, Inc.

43.  Amendment #3 to Work Order #26 to PS-8286-13 with Kittelson & Associates, Inc.

44.  First Amendment to PS-9351-14 with CPH, Inc.

45.  Amendment #3 to Work Order #5 to PS-9464-14 with GAI Consultants, Inc.

46.  Work Order #22 to PS-9738-14 with Environmental Consulting & Technology, Inc. (as approved by the BCC on August 22, 2017).

47.  Amendment #4 to Work Order #22 to PS-9738-14 with Environmental Consulting & Technology, Inc.

48.  Amendment #1 to Work Order #29 to PS-9738-14 with E Sciences, Inc.

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

50.  Amendment #1 to Work Order #34 to PS-0009-15 with ATKINS North America, Inc.

51.  Work Order #47 and #48 to PS-0009-15 with Pegasus Engineering, Inc.

52.  Amendment #1 to Work Order #2 to PS-0121-15 with Singhofen & Associates, Inc.

53.  Amendment #2 to Work Order #1 to PS-0201-15 with Environmental Research & Design, Inc.

54.  Amendment #1 to Work Order #2 to PS-0201-15 with Environmental Research & Design, Inc.

55.  Amendment #4 to Work Order #2 to PS-0426-16 with England-Thims & Miller, Inc.

56.  Work Order #1 to PS-0504-16 with CDM Smith, Inc.

57.  Work Order #14, #15, and #16 to PS-1320-17 with Southeastern Surveying and Mapping Corp.

58.  First Amendment to PS-1529-17 with Albeck Gerken, Inc.

59.  Amendment #1 to Work Order #1 to PS-1802-18 with Kittelson & Associates.

60.  Work Order #2 to PS-1802-18 with Kittelson & Associates.

61.  Third Amendment to PS-1822-18 with CH2M Hill Engineers, Inc.

62.  Work Order #16 to PS-1832-18 with CDM Smith, Inc.

63.  Work Order #1 to PS-1920-18 with Infrastructure Engineers, Inc.

64.  Work Order #4 to PS-1998-18 with Environmental Consulting & Technology, Inc.

65.  Closeout to Work Order #11 to RFP-1294-17 with M&J Enterprises Int’l, Inc.

66.  Change Order #2 and #3 to Work Order #9 to RFP-1294-17 with Pat Lynch Construction, LLC.

67.  Change Order #1 to Work Order #14 to RFP-1294-17 with Dager Construction, Inc.

68.  Work Order #18 to RFP-1294-17 with BSE Construction Group, LLC.

69.  Work Order #19 to RFP-1294-17 with M&J Enterprises Int’l, Inc.

70.  First Amendment to RFP-2231-19 with Don Bell Signs, LLC.

71.  First Amendment to RFP-602962-17 with Safety-Kleen Systems, Inc.

72.  Bids as follows:

     BID-603521-19 from CPR Savers & First Aid Supply, LLC; Fisher Scientific;

    CC-2352-19 from COMANCO Construction Corporation; Shoemaker Construction Company, Inc.; W+J Construction Corporation;

    CC-2418-19 from Eau Gallie Electric; Expert Construction Managers, Inc.; Carter Electric, Inc.; Morrissette Electric, Inc.; Chinchor Electric, Inc.; Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems;

    CC-2438-19 from Blackstreet Enterprises, LLC d/b/a BSE Construction Group; Dager Construction, Inc.;

    CC-2497-19 from Glen Holt Aluminum, LLC; Dorothy Harris; Boulevard Contractors Corp; Blackstreet Enterprises, LLC d/b/a BSE Construction Group;

    IFB-603494-19 from Vulcan Inc., d/b/a Vulcan Signs d/b/a Vulcan Aluminum; Custom Products Corporation; Lightle Enterprises of Ohio, LLC; Mandel Metals, Inc., d/b/a US Standard Sign; Osburn Associates, Inc.;

    IFB-603501-19 from Ten-8 Fire Equipment;

    PS-2483-19 from Burgess & Niple, Inc.; CONSOR Engineers, LLC; Ayres Associates, Inc.; Volkert, Inc.;

    RFP-603308-18 from GrayRobinson, P.A.; Holland & Knight LLP; Bryant Miller Olive P.A.;

    RFP-603430-19 from AERC Recycling Solutions-A Clean Earth; Perma-Fix of Florida, Inc.;

    RFP-603460-19 from United Restoration of Florida; Decon Environmental; Royal Plus, Inc.; Simpson Environmental Services, Inc.; PCPI Services, Inc.; Rolyn Companies, Inc.; Florida Catastrophe Corp (FLA-CAT); Hydradry, Inc.; United Water Restoration Group; Cross Environmental Services, Inc. (CES); Servpro of North Seminole County;

    RFP-603506-19 from Synergy Recycling of Central Florida; Common Ground Environmental, Inc.;

    RFP-603511-19 from Vision Service Plan (VSP); UnitedHealthcare; Aetna Life Insurance Company; Humana Insurance Company; Solstice Benefits, Inc.; Avesis, Inc.; Metropolitan Life Insurance Company; EyeMed Vision Care, LLC; Superior Vision Services, Inc.; and

    RFQ-603530-19 from BofA Securities, Inc.; Citigroup Global Markets, Inc.; Jeffries, LLC; J.P. Morgan Securities LLC; Raymond James & Associates, Inc.; RBC Capital Markets, LLC; Drexel Hamilton; UBS Financial Services Inc.; Wells Fargo Bank, N.A.

REGULAR AGENDA

Agenda Item #41 – 2019-1449

Code Enforcement Board Lien/5038 Lake Howell Road/R. Rosario

     Patt Hughes, Planning and Development, addressed the Board to present a request made by Rebecca Rosario, the applicant, on behalf of the owner, Marguerite Heirman, the personal representative for the estate of Marguerite S. Hunter.  She reviewed the timeline as outlined in the agenda memorandum.  Staff recommends reduction of the Code Enforcement Board lien to $6,400 to be paid within 60 days or the lien will revert to the original amount of $195,000. 

     Commissioner Lockhart noted she has talked extensively with staff and Ms. Rosario about this.  She explained if they are not willing to lower the lien amount, the house will continue in its current condition.  After driving by and looking more closely, there are a lot more issues than grass in the front yard. 

     Chairman Carey stated the contract in the agenda memorandum shows a closing date of April 12 and questioned if there has been an extension to that.  Ms. Hughes responded that the contract has expired but they will be doing another contract.

     Rebecca Rosario, 249 Lewfield Circle, addressed the Board to answer questions.  Chairman Carey confirmed that she does not have a current contract but has been maintaining this property for the last couple of years.  Ms. Rosario explained she was waiting on the contract to see what the outcome of the meeting today would be.  She pointed out that Ms. Heirman currently resides in Belgium, but they do have a mutual agreement that the contract will be extended to close within 30 days if they come to a resolution today. 

     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 approve a reduction to the Code Enforcement Board lien from $195,000 for Case #10-134-CEB, to $6,400, on the property located at 5038 Lake Howell Road, Winter Park, Tax Parcel #33-21-30-506-0000-0060, owned by Marguerite Heirman, Per Rep for Est of Marguerite S. Hunter; and require this reduced amount to be paid within sixty (60) days, or the lien will revert to the original amount of $195,000; and to authorize the Chairman to execute the Release of Lien upon payment in full; Rebecca Rosario, Applicant.

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

Agenda Item #42 – 2019-1469

Amendment to the Fee Schedule for Development Services

Danalee Petyk, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.  She reported the Building Division and the Planning and Development Division each conducted an internal review of costs and revenues and compared those to the current fee schedule, which was last updated in 2014.  Staff is proposing fee increases for both divisions to maintain levels of service and to better cover the cost of providing those services.  Staff consulted with the County’s development community including the Greater Orlando Builders’ Association, the Greater Orlando Apartment Builders’ Association, and the Development Advisory Board in preparation of the proposed fee modifications.  Staff recommends approval.

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt appropriate Resolution #2019-R-126 amending the Seminole County Administrative Code, Section 20.10, to update the schedule of fees collected by the Development Services Department.

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.

Agenda Item #43 – 2019-1485

FY 2019/20 TRIM Adoption

     Sara Carrick, Resource Management, addressed the Board to present the request as outlined in the agenda memorandum.  She stated the County develops the budget over the course of several months.  She then reviewed the timeline and key highlights (received and filed).

     Commissioner Zembower expressed his concern that they are setting the TRIM now and the Board has not had a full budget discussion of what this Board’s pleasure is going to be moving forward, and what finances may look like or what they may take on as far as projects or deficiencies.  It has become very obvious to him that they failed to fill what was rolled back in ’07, ’08, ’09, and ’10 like employees, rolling stock, etc. 

     Chairman Carey stated by statute they can back the date up for information but only by a month.  Ms. Guillet advised their budget cycle is driven by statutory deadlines.  They do not receive the preliminary certified values until June 1, although the Property Appraiser is very good about giving them an idea about where they are going to be.  They also don’t receive the Constitutional Officers’ budgets until June 1, so they have 45 days to pull everything together and finalize the numbers.  Commissioner Zembower said they have a deadline but nothing says that you cannot start sooner.  The Constitutionals should have a pretty good handle by January if they are going to have some crazy impact to their budgets.  He would like to see more involvement early on.  Ms. Guillet noted they cannot require them to submit their budgets before May 1, so the Board could actually pass a resolution and require them to submit then instead of the statutory June 1. 

     Chairman Carey opined passing a resolution to move everything back a month would be helpful for the Board to schedule some workshops before the TRIM notice.  The direction had been given that they are not raising the millage and they have to live within their means.  Ms. Carrick advised that they have to notify the Property Appraiser by August 4th.  Chairman Carey said therefore, action is required on this today.  She thinks it is a great idea moving forward to pass a resolution to move that date back to May to be able to get in at least a workshop with the Constitutional Officers.

     Commissioner Constantine stated he wants to make clear for the public that the millage they pass today is the highest it can go, but they can lower it.  As they go through the budget, they will look to see if they can reduce it.  Chairman Carey noted they are all interested in looking at that but they are also interested in maintaining their level of service from the Fire Department on response time.  The difference between five or ten minutes in response time could mean life or death.  Also, they have new stations that need to be built that have been put off over and over again. 

With regard to public participation, Bill Hyde, 2379 Audley Street, spoke in opposition.  Public Comment Form received and filed. 

Discussion ensued regarding the community’s perspective and discussions of the previous Board. 

     Chairman Carey reiterated she thinks it is a good idea to bring back a resolution to move the date back to May so they do have more time before the statutory date of setting the TRIM notice.  Commissioners Dallari, Zembower and Constantine expressed their agreement. 

     David Johnson, Property Appraiser, advised from a timing perspective, they will work with the Board and staff and try to give the best numbers possible.  They have a fairly decent idea about what the growth of the 2020 Roll will look like unless there is something catastrophic that happens.  Last year was unusual because they had to wait to see if the voters were going to approve a constitutional amendment, which of course did not happen.  Chairman Carey confirmed Mr. Johnson does not see an issue to roll back the dates to May 1.  Mr. Johnson noted he has to certify by July 1, so statutorily, the clock begins July 1 and they have 35 days to report back to him what they want to be TRIM’d.  That falls on August 4th this year, but they can certainly do internal projections on Tax Roll growth and his own potential budget.

With regard to public participation, Andre Klass, 3250 Retreat View Circle, spoke in opposition; no one else spoke in support or opposition, and public input was closed.  Public Comment Form was received and filed.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the proposed millage rates as presented to be included on Truth In Millage (TRIM) notifications; and authorize staff to schedule the first public hearing to adopt the tentative millage rates and budget for FY 2019/20 on September 11, 2019, at 7:00 p.m. and the second public hearing to adopt the final millage levy and budget for Fiscal Year 2019/20 on September 24, 2019, at 7:00 p.m. 

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

Agenda Item #44 – 2019-1508

2020 U.S. Decennial Census, Complete County Committee

     Tony Matthews, Complete County Committee Coordinator, addressed the Board to present the item.  He reminded that he distributed a memo (received and filed) to the Board last week updating the list of nominees for the Complete Count Committee indicating they have a total of 25 confirmations including those representing governmental and non-governmental entities.  The memo also includes responses that he received by email from three of the nominees expressing their openness to serve as chair and or vice chair of the committee.

     Mr. Matthews stated as coordinator of the committee, he is recommending the Board appoint the 25 confirmed nominees to the 2020 Decennial Census Complete County Committee and to appoint a chair and vice chair to that committee.  He thanked the Board for the opportunity to serve. 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the appointment of the 25 confirmed nominees to the 2020 U.S. Decennial Census, Seminole County Complete Count Committee from the list of nominees.

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

Commissioner Dallari questioned if it was an option to have two vice chairs.  Mr. Matthews responded there is no legal requirement for just one.

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the appointment of Phil Kaprow as the chair and Steve Nelson and John Horvath as vice chairs of the 2020 Seminole County Complete Count Committee as presented in the memorandum. 

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

In regard to public participation, Bill Hyde’s name was called and he chose not to speak; no one else spoke in support or opposition, and public input was closed.  Public Comment Form was received and filed.

COUNTY MANAGER AND STAFF BRIEFINGS

     Ms. Guillet announced it is an exciting day because they went live with their new Computer Aided Dispatch (CAD) system this morning, which is a great public safety enhancement.  It once again puts Seminole County out front and she thinks they will be used as an example.  She is very proud of the work their team and partners did; it was a two-year effort.  She mentioned the City of Orlando has been working on a new CAD system for four years and they are still not up and running, which is a testament to this team including the Fire Department, the Sheriff’s Office, Information Services, Resource Management, Purchasing, Steve Fussell in Organizational Excellence and all their municipal partners.  She added that $2 million of this was grant money from the State and they had started working on that several years ago.  She thanked everyone and stated it is amazing technology.  Commissioner Dallari added his appreciation and suggested they bring in SGTV to educate the public to show them how this affects response times and that it will save lives.

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     Ms. Guillet reminded she distributed to the Board two proposed real estate contracts (received and filed) for purchase of property for Station #39 and she is requesting authorization to move forward.

     Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute Purchase Agreements with (1) NSP Holdings, LLC and (2) Merritt Industrial, LLC and Scott A McFarland, necessary to acquire the parcels needed for construction of Fire Station #39.

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

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     Ms. Guillet requested confirmation of Lorie Bailey-Brown as their new Chief Financial Officer and Director of the Resource Management Department.

     Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve the appointment of Lorie Bailey-Brown as Director of Resource Management.

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

COUNTY INVESTMENT ADVISOR’S REPORT

     Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed).  Mr. McIntyre stated he was reading one of his favorite economists this morning, John Mauldin, who wrote that as of Monday, “we are in such bizarre times right now that all bets are off.”  Chairman Carey commented it is kind of “good news, bad news,” with all bets being off on investment for somebody that is going to the market, it is a benefit to them financially.  Mr. McIntyre agreed and said the ten-year is around 2%.  Mr. McIntyre then presented his PowerPoint presentation.

     Chairman Carey questioned in regard to the treasuries that are maturing whether it is Mr. McIntyre’s recommendation that they take cash and buy these one-year treasuries at these estimated rates before the Feds say if they are cutting or not, or is it to just wait until the maturity rolls around on the 31st.  Mr. McIntyre replied he would like to do it and he would like to suggest they do it after the Feds meet because his guess is that it will disappoint the market.  He said he honestly does not know when the time is right to do this.  He just feels like they need to continue to diversify.  He said there is cash but they do have maturities and he is thinking more in terms of, as they roll forward, maybe come into the market and start to look August 1st.  He would like to have a little bit of latitude as far as the timing is concerned but he feels like they need to plant some seeds and invest then on the curve.

     Mr. McIntyre asked for approval to buy the three treasury notes out on the curve after the Fed meeting.  Chairman Carey said then the remaining would go into Florida Prime.  He explained the reason he likes Florida Prime better than the other pool options is because Florida Prime’s manager is federated and they are enormous.  Sometimes when you look at pool options, you have to look behind and ask who the manager is, because if there ever was trouble, he feels more comfortable with the federated “large beast.”  Chairman Carey asked that the Recommendations slide be displayed again and confirmed that all the Board members understood them.

Motion by Commissioner Dallari, 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.

Chairman Carey requested that Mr. McIntyre communicate with them via email after the July 31st meeting to keep them in the loop with what is happening.  He requested a distribution list and she stated the County Manager’s Office will provide that to him and asked that anything he sends to the Clerk’s Office also be sent to the Board.

COUNTY ATTORNEY’S BRIEFING

     County Attorney Bryant Applegate noted he had briefed the Commissioners on the DJJ matter.  He noted this Board is one of two counties in the state that stuck it out and pursued over nine years, ten court decisions in the County’s favor, countless hours in his office and outside counsel time, and because of their tenacity, they received the check for over $4 million.  He stated this brings up the subject of interest that would normally be routine, but they would like a recommendation as to whether the Board would like him to pursue the interest which right now is over $420,000.  He said what they would anticipate is a formal demand to DJJ to pay the interest and then they fully anticipate they would go to court to seek another court order in their favor.  He added it will also involve some outside counsel time.  He advised that Polk County decided last week not to pursue the interest.  Mr. Applegate opined there is no harm in trying to get it. 

     Commissioner Dallari said he believes the interest is owed to the County and the residents of this County, but asked about the damage that was done to the Juvenile Justice building.  They had to spend upwards of $700,000 to repair the building.  Mr. Applegate responded they had looked at that early on and determined that for a number of circumstances, they could not really go after them for that.  Chairman Carey expressed the next time they write a lease with a state agency, they will have a little more teeth in it for the maintenance required on the building.  Commissioner Dallari added he remembers when they were leaving the building, they tried to take the HVAC units with them.  Mr. Applegate noted the lease was drafted long before any of them were here.  Chairman Carey stated someone needs to be monitoring these with annual inspections of buildings.  No one was doing that from Facilities even though it was allowed; therefore, no one really knew the condition of the building until she and the Sheriff went out there.  She opined she had never been so disappointed as she was that day because it was a safety issue.  They could barely get the locks to tumble on a cell where they would lock six young people in at night.

     Commissioner Zembower stated he would like the County to consider a property manager for all of the properties that the County holds. 

     Commissioner Constantine questioned how much Mr. Applegate anticipates it will cost to pursue the interest.  He responded he would be surprised if they had to spend over $20,000.  Chairman Carey noted that certainly the return on investment is worth it.

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to authorize the County Attorney to pursue a court order in an effort to recoup the interest in connection with the Department of Juvenile Justice litigation.

     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 County Attorney Bryant Applegate who was replaced by Deputy County Attorney Lynn Porter-Carlton, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Chariti Colón, 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, 3, 4, and 5 voted AYE.

NON-PUBLIC HEARING ITEM

Item #45 – 2019-1518

Five Points Master Plan and Design-Build

 

Ms. Guillet announced this item is being pulled from the agenda because it was discussed this morning during the Five Points Master Plan Courts and Public Safety Work Session that the data center was being pulled and they are only going to deal with adding the Sheriff’s Office, and that Amendment does not require Board approval and can be signed off at staff level.

EMPLOYEE SPOTLIGHT

Steve Fussell, Office of Organizational Excellence, addressed the Board to present The Employee Spotlight video featuring Resource Management Grants Program employees George Woodring and Amanda Hamer. 

PUBLIC HEARINGS

 

Item #46 – 2019-1439

Code of Ordinances Amendment for the U.S. 17-92 CRA

 

Bill Wharton, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  A PowerPoint presentation was displayed (received and filed). 

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 adopt Ordinance #2019-28 to delete Chapter 58, Community Redevelopment Areas of the Code of Ordinances of Seminole County, as described in the proof of publication.

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

Item #47 – 2019-1458

Comprehensive Plan Amendments for the expired CRA

Mr. Wharton presented the request as outlined in the agenda memorandum.  A PowerPoint presentation was displayed (received and filed). 

  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 Constantine, to approve transmittal, for agency review, a proposed Ordinance enacting a Large Scale Comprehensive Plan Text Amendment to amend the Future Land Use, Intergovernmental Coordination, Transportation, and Capital Improvements Elements, to edit or delete text and exhibits addressing the expired U.S. Hwy 17-92 Community Redevelopment Agency, as described in the proof of publication.

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

Item #48 – 2018-1457

Land Development Code Amendments Part 74/U.S. 17-92

CRA Target Zone Height Alternative Standards

 

Mr. Wharton presented the request as outlined in the agenda memorandum.  A PowerPoint presentation was displayed (received and filed).  Mr. Wharton stated this also looked at not only just the height but also addressed setbacks, building size, building separation, buffers, open space, building design, and street design. 

Chairman Carey stated she wanted to make sure they are not doing something that has unintended consequences.  She explained the purpose of allowing heights and densities along the 17-92 corridor was for redevelopment because there are small, narrow lots.  If there is not height in density, they will never be able to redevelop and will just continue to maintain what they have.  The Chairman stated she wanted to make sure they are not doing something that is going to limit them by striking all of this.  She clarified people can come forward with a PD, but there are targeted zones where they had actually given that right.  Mr. Wharton mentioned the old Flea World site and the Oxford Road overlay already have development planned.  The Chairman inquired of the 434 and 17-92 corridor. 

Ms. Guillet asked staff how the TOD overlays apply, if they are coterminous with this, or are those different areas.  She stated the TOD overlays also provide for increased intensities and densities.  Rebecca Hammock, Development Services Director, addressed the Board to respond there is centers and corridors overlay within the Comprehensive Plan, which does allow increases in intensities and densities along 436, 17-92, and identified corridors.  Ms. Hammock suggested they could implement alternative height standards through a Planned Development; or if the Board chose to keep this within the Code, it could be renamed since right now it is specific to the CRA. 

Commissioner Dallari stated he would feel more at ease continuing this item and having staff rename it and bring it back so that everyone understands exactly what they are doing.  He would like staff to look at this so they are not taking away rights that have already been administratively granted.  Commissioner Zembower concurred with Commissioner Dallari.  He stated he thinks this is an area they need to continue to target for higher density development because the infrastructure is in place. 

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

Commissioner Dallari inquired of Ms. Hammock how much time she would need.  Ms. Guillet recommended they re-advertise it and bring it back since it is very different than what was originally advertised and it would need to be brought back to the Planning Commission because it is a Land Development Code Amendment.  Commissioner Dallari asked if he could make a motion to continue it to a time not certain.  Ms. Guillet suggested staff withdraw the item.  After discussion, Chairman Carey stated staff is withdrawing the item, it will be re-advertised once it gets renamed and taken back through the process, and it will come before the Board again in the future.  No objections were voiced.

Item #49 – 2019-0021

Hideaway Cove PD Major Amendment and Rezone/

Madden, Moorhead & Stokes

 

Joy Giles, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  A PowerPoint presentation was displayed (received and filed).

Charlie Madden of Madden, Moorhead & Stokes, Applicant, displayed two diagrams (received and filed).  Mr. Madden addressed the Board and described where the new phase will be located in reference to Phases 1 and 2.

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 Constantine, to adopt Ordinance #2019-29 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 65.24 acres, located on the east side of Simmons Road, 1/2 mile east of Lockwood Boulevard, as described in the proof of publication; Madden, Moorhead & Stokes, Applicant.

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

Item #50 – 2019-0022

Noma PD Rezone/

Matthew Gourlay

 

     Leah Rivera, RPR, Stenographic Court Reporter with Orange Legal in Orlando, was present for this item only.

Ms. Giles presented the request as outlined in the agenda memorandum.  A PowerPoint presentation was displayed (received and filed.)  Ms. Giles added the Applicant is requesting a portion of the 10’ x 20’ parking spaces be reduced in size to 9’ x 18’.  Upon request from Chairman Carey, Ms. Giles explained the total required parking space count for the multifamily residential is 588.  Approximately 124 of those spaces are going to be slightly larger than the required 10’ x 20’ size that the Code requires.  The other spaces are going to be the 9’ x 18’ which is being requested by the Applicant.  The Chairman clarified with Ms. Giles there are 124 large spaces, some 13’ x 18’, some 10’ x 20’, some 13’ x 31’ garage spaces, and the request for 9’ x 18’.

Scott Glass, Esquire, Shutts & Bowen, 300 South Orange Avenue, distributed a packet of documents (received and filed).  Mr. Glass addressed the Board and introduced Matt Gourlay, the Applicant; Sam Sebaali, project engineer; and Mohammed Abdallah, traffic consultant.  Mr. Glass stated this property was before the Board once before.  The original plan was to develop a 360-unit apartment project on the property.  However, the property has a commercial future land use designation in the comp plan, and multifamily residential as a sole use is not permitted under that future land use so the Applicant applied to do a future land use map amendment.  The project failed on a 2-2 vote at that meeting. 

Mr. Glass stated they are back before the Board with a proposed mixed-use development which is consistent with the existing commercial future land use designation.  Mr. Glass reviewed Seminole County Comprehensive Plan Policy FLU 5.2 and clarified they are asking for a rezoning, not a comp plan amendment.  Mr. Glass opined today's decision cannot be based on citizen petitions, personal preferences as to design features, or non-expert testimony, and must be based on competent substantial evidence. 

Sam Sebaali, Florida Engineering Group, 5127 South Orange Avenue, displayed maps and diagrams (received and filed) and described the surrounding properties.  He explained the predominant development around the site is either multifamily or commercial with the exception of some single-family residential, predominantly south of Aloma.

Mr. Sebaali stated they are proposing a minimum buffer of 75 feet, which is 50% in excess of what is required.  In addition to the 50-foot buffer, they are also providing a 6-foot block wall which will run along the entire length of the western boundary adjacent to the multifamily.  The only area that will not have a wall is by the commercial where it abuts the existing commercial.  Next to the wall, there will be landscaping which will consist of understory trees that will be higher than the 6-foot block wall, and there will be canopy trees above the understory trees.  In addition to that, there are some existing oak trees along the western property boundary, and they are proposing to preserve about 25 feet of trees.  From Day 1, there will be a strong visual barrier between the project and the northwest residential area. 

Mr. Sebaali stated all the buildings will be three stories except for the commercial where the maximum height would be two stories.  On the south side, they pushed the buildings to the north, and the closest building corner is about 228 feet from the north right-of-way line of Aloma.  The distance between the closest building and the south right-of-way line is about 360 feet, and it is 400 feet to the closest single-family residence.  Mr. Sebaali opined they exceed the Code from a buffering standpoint.  As far as height, the Code allows a maximum height of 60 feet.  They are proposing three-story buildings with a maximum height of 45 feet, which is only 10 feet higher than the maximum height allowed in single-family districts.  Mr. Sebaali stated they are also proposing to have dark sky lighting which would provide adequate lighting for the project but would not be directly visible from the adjacent properties. 

Mr. Sebaali stated the Urban Land Institute allows 9’ x 18’ parking spaces for moderate and high turnover, and this project is considered low turnover.  Also, the Code allows 9’ x 18’ parking spaces for low-income multifamily development and for highly charged standard areas.  This project is not in a highly charged area, but they are proposing to meet the highly charged standard.  Mr. Sebaali expressed since they are voluntarily willing to meet highly charged standards, they should be able to avail themselves to that section of the Code related to 9’ x 18’. 

Mr. Sebaali discussed the location of the access point and stated there are no issues related to where the access is located from an operational standpoint.  The County considers this area a dense urban area; and within a dense urban area, you are not required to meet traffic concurrency.  However, they did go through a traffic analysis, and their traffic engineer has looked at the roadway capacity and the traffic generation from their project.  They do meet traffic concurrency even though they are not required to do so.  Even though they are still at the rezoning stage, their traffic engineer has prepared a traffic study where they evaluated the operational aspects of this roadway, and they came up with some recommendations to improve the existing conditions.  Mr. Sebaali expressed ultimately it is a state road and the Florida Department of Transportation is going to have to approve anything they are proposing to do within that corridor. 

Mr. Sebaali stated multifamily is typically used as a transitional use between residential and commercial, so they feel having multifamily on the north side and commercial in the front provides a good transitional use.  He opined the amount of traffic which would be generated would be about two and a half to three times what this project would generate if this property was to be developed as fully commercial. 

Ms. Sebaali summarized the project is compatible with the surrounding uses, there is adequate roadway infrastructure, there is adequate water and sewer utility infrastructure, there are no wetlands or floodplain issues, and the project meets all the Code requirements with the exception of the requested 9’ x 18’ parking spaces. 

Upon request from Commissioner Zembower, Mr. Sebaali reviewed the setback.  Commissioner Lockhart inquired if they were planning on there being activity around the retention pond.  Mr. Sebaali responded they may incorporate a landscaped walking trail along the top of the bank of the pond which would be about 10 to 15 feet away from the western property boundary.  Commissioner Lockhart clarified with Mr. Sebaali they are including the intended walking trail as a part of their open space.  Commissioner Zembower confirmed with Mr. Sebaali the two-story recreation clubhouse building is not part of the open space calculation. 

Mr. Sebaali displayed and discussed an early rendering of what the project will look like.  He explained there will be a sidewalk and landscaping which would separate the commercial from the multifamily.  Commissioner Zembower requested clarification of the actual width of the landscaping buffer that will have trees in it.  Mr. Sebaali displayed a diagram (received and filed) and responded that not all of the 50-foot buffer is landscaped.  The landscaping occurs within the first 20 feet of the buffer, and they have to meet certain opacity and planting Code requirements.  Commissioner Dallari inquired how they will have 50% of it be opaque in such a short distance.  Mr. Sebaali responded the 6-foot wall at the beginning provides opacity.  They are also proposing larger diameter trees than required in the Code, so the trees at planting would be about 16 feet in height.  Mr. Sebaali stated regardless of what the Code says, their intent is to provide a visual barrier along that side, which is why they are proposing to keep as many of the existing trees as they can.  From Day 1, there will be existing oak trees along that boundary which they are going to supplement with understory and canopy trees. 

With regard to public participation, the following spoke in opposition:  John Stocker, 5418 Baytowne Place (document received and filed); Laurent Domaingue, 5303 Blackburn Court (document received and filed); Heidi Zissman, 9439 Brownwood Court; Dana Parrish, 5479 Baytowne Place; Sharon Rosenfeld, 9434 Brownwood Court; Gene Crane, 5346 Birchbend Loop; Alison Krauchuk, 5497 Baytowne Place (document received and filed); Joe Wheeler, 2664 Creekview Circle; Lisa Levin, 5386 Red Leaf Court; and Ian Dowling, 5130 Morning Dew Loop (document received and filed).

The following written public comment forms in opposition were submitted:  Tamara Dowling, 5130 Morning Dew Loop; James and Helen Crawford, 5382 Birchbend Loop; Gary Achenbach, 5443 Baytowne Place; Sheryl Sheerin, 2744 Mystic Lake Drive; Nancy Chiaro, 8428 Brownwood Court; Paul Chiaro, 9428 Brownwood Court; Robin Cusimano, 9431 Belmont Terrace; Brian Bucklan, 5461 Baytowne Place; Lorraine Bucklan, 5461 Baytowne Place; Kristy Reid Kesterson, 5491 Baytowne Place; Donovan Stanton, 5473 Baytowne Place; Carroll Hebert, 5358 Birchbend Loop; Lee-Anne Spalding, 5436 Baytowne Place; Richard and Crystal Poole, 5485 Baytowne Place; Kellie Short Sullivan, 5448 Baytowne Place; Julien Chevalier, 5448 Baytowne Place; Andrew and Shelley Sullivan, 9443 Belmont Terrace; Richard Czerwonka, 5120 Morning Dew Loop; Halina Pinas, 5120 Morning Dew Loop; Jimmie Toler, 2625 Wrights Road; Jaynie Toler, 2625 Wrights Road; Joyce Graves, 2600 Wrights Road; Steve Graves, 2600 Wrights Road; Rebekah Nussbaumer, 2600 Wrights Road; Francis DuMont, 2763 Wrights Road; Donna DuMont, 2763 Wrights Road; Anthony DuMont, 2763 Wrights Road; Yamilet Perez, 2743 Wrights Road; Yolanda Cooper, 5394 Red Leaf Court; Brian Friscia, 2783 Cypress Head Trail; Andrea Friscia, 2783 Cypress Head Trail; Mati Adorno, 5140 Morning Dew Loop; Randall Therenet, 5140 Morning Dew Loop; Joe Hunter, 5140 Morning Dew Loop; Aaron Levin, 5386 Red Leaf Court; Christina Schock, 2728 Clinton Heights Court; Scott Powell, 5381 Red Leaf Court; Grace Kennedy-Pitcan, 5385 Red Leaf Court; Annette Boyce, 5410 Endicott Place; Iris Lloyd, 5422 Endicott Place; Colleen Gaffney, 5409 Endicott Place; Judy and Ed Moore, 5433 Endicott Place; Harold Dunn, 5321 Blackburn Court; Alex and Lauren Friedrich, 5302 Blackburn Court; and Marcie Delgado, 5403 Endicott Place (document received and filed).  Public comment forms received and filed.

No one else spoke in support or in opposition and public input was closed.

Mr. Glass responded to some of the concerns raised during public comment.  He stated Mr. Gourlay has a meeting with an architect next week, and they are aware of the desire to add pitched roofs or some other architectural features to make this project more in line with what the neighbors have asked for.  In regards to traffic, this is in a transportation concurrency exception area.  It is a state road so it's not something that can be dealt with at this rezoning. 

Mr. Glass reviewed the language in Policy FLU 5.2.  He stated the burden of proof requires that an applicant for rezoning demonstrates that it is consistent with the comp plan and that it meets the procedural requirements of the zoning code, and he suggested they have done so.  Mr. Glass opined the burden now shifts to those opposing to show by competent substantial evidence that a denial serves a legitimate public purpose and is not arbitrary and capricious, and it must be supported by substantial competent evidence adduced at this hearing.  Mr. Glass stated there is a distinction between a comp plan amendment and a rezoning, and there are two different standards. 

Mr. Glass displayed Seminole County Future Land Use Map (received and filed) and stated the property has a commercial future land use designation.  The maximum density allowed with a commercial future land use designation for residential is 20 dwelling units per acre, and this project is 19.11.  Mr. Glass reviewed Florida Statute 125.022(3) and stated they believe they have proven with substantial competent evidence they are consistent with the comp plan and have met all the code requirements.  They will continue to work on the design and do their best to make it a little more homey and suburban.  Mr. Sebaali displayed a map (received and filed) and discussed the density and buffers of surrounding properties.

Chairman Carey recessed the meeting at 3:23 p.m., reconvening at 3:30 p.m.

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

Commissioner Zembower confirmed with Ms. Giles this parcel of property is entitled to come in for straight commercial zoning under the current FLU.  Upon request of Commissioner Zembower, Ms. Giles provided examples of permitted uses. 

Commissioner Lockhart confirmed with Ms. Giles that traffic concurrency isn't required for capacity, but it could be required for safety improvements.  The Commissioner inquired what type of safety improvements staff has worked on with the Applicant.  Ms. Giles responded they have not gotten that far yet in the review, but they are going to be required to have a right-in and right-out.  The Chairman inquired if there would be a right-turn lane, and Ms. Giles responded there would. 

Commissioner Lockhart inquired if this is something that would be coming back before the Board again, and the Chairman responded it will not and it will get reviewed during final engineering.  Commissioner Lockhart requested clarification from the County Attorney of what their choices are.  Lynn Porter-Carlton, Deputy County Attorney, stated Mr. Glass did accurately state the burden of proof for rezoning.  The Board needs to determine whether it is consistent with the existing comp plan and whether procedural requirements have been met.  Ms. Guillet stated the Board could require some revisions that would bring it into compliance if there were elements, based on the evidence that was presented today, that demonstrated there is some inconsistency with the comprehensive plan.  Commissioner Dallari inquired if they could also consider the trends of development of the area, and Ms. Guillet responded they could because that gets to the compatibility requirements of the comprehensive plan.  Ms. Giles displayed and reviewed Seminole County Land Development Code Section 30.411 (received and filed) and Seminole County Comprehensive Plan Policy FLU 2.9 (received and filed).

Upon request of Chairman Carey, Ms. Hammock compared the building count of the surrounding multifamily developments.  Upon request of Commissioner Dallari, Ms. Hammock reviewed the building sizes of the surrounding multifamily developments.  A discussion ensued regarding the trend of development in the area.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to deny the proposed Ordinance enacting a Rezone from A-1, Agriculture, to PD, Planned Development, for approximately 17.64 acres, located on the north side of West SR 426, 1/4 mile east of SR 417, as described in the proof of publication; Matthew Gourlay, Applicant.

Under discussion, Commissioner Lockhart stated she was not willing to support the motion to deny.  However, there are some things she would like to see that would make the project more compatible with the area.

Commissioner Zembower stated he is not prepared at this juncture to deny the Applicant's request.  He thinks there is some additional buffering that the developer could afford.  He would like to see six- and eight-inch caliper trees along the residential areas.  He does not support the 9’ x 18’ parking spots.  He opined there would be a huge traffic issue compared to what is being asked for now if the project was built as wholly commercial. 

Commissioner Constantine stated he seconded the motion because he feels it is difficult for the Board to manage the project from the dais.  He is disappointed that the density went from 295 to 294 as he feels that is still too dense.  He thinks there are setbacks and buffers that should be added.  He isn't sure whether the Board should deny the motion and allow the Applicant to come back with some changes or if the Board should try to rearrange the project, which he is not comfortable with. 

Commissioner Zembower stated it would be assumed they would be asking for either a continuance or a denial without prejudice.  Commissioner Dallari responded he would have no problem denying it without prejudice, and Commissioner Constantine agreed.  Upon request of Commissioner Dallari, Ms. Porter-Carlton stated the Applicant would have the ability to request a continuance.  Chairman Carey stated she was not going to support the motion to deny.  The Chairman stated she could support a motion that is modified.  A discussion ensued regarding the option to request a continuance. 

Commissioner Dallari amended the motion to deny without prejudice.  Commissioner Constantine agreed to the amendment.

Districts 1 and 3 voted AYE.

Districts 2, 4, and 5 voted NAY.

Motion failed for lack of a majority vote.

Chairman Carey recessed the meeting at 3:58 p.m., reconvening at 4:05 p.m.

Mr. Glass stated they would like to come to an agreement today instead of continuing the matter, and they are prepared to modify or add conditions.  They will increase the height of the wall from 6 feet to 8 feet, require that the canopy trees that are being put in be 6-inch caliper, increase the buffer to the extent that engineering can accommodate that, and meander the pond to protect trees if needed.  Chairman Carey clarified with Mr. Glass they are willing to add additional landscape buffer, not increase the distance to the parking from the property line.  Mr. Glass stated they will also reduce the requested density down to 17.5 units per acre.  Commissioner Dallari inquired if there were any architectural enhancements they were willing to address.  Mr. Glass responded they were not prepared to address that until after they speak with the architect next week.  He stated they have heard the comments of the neighbors that they want something more aligned to what is existing in the other apartment complexes.  Upon Commissioner Lockhart’s request for clarification, a discussion ensued regarding an undisturbed buffer with a tree protection plan.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to adopt Ordinance #2019-30 enacting a Rezone from A-1, Agriculture, to PD, Planned Development; and approve the associated Development Order and Master Development Plan for approximately 17.64 acres, located on the north side of West SR 426, 1/4 mile east of SR 417; with the additional conditions of 17.5 units per acre, an 8-foot precast wall along the residential area on the west side, 6-inch caliper minimum tree size planting along the residential area on the west side, tree survey required, any trees that are removed or damaged that are 12-inch in diameter at breast height or more will be replaced with minimum 6-inch diameter at breast height at the same number of inches that were destroyed, architecture to be more in line with the suburban design of the surrounding area, and 20% of the parking spaces to be 9’ x 18’ if two electric car chargers are installed, as described in the proof of publication; Matthew Gourlay, Applicant.

Commissioner Lockhart requested and received clarification on breast height trees.  Mr. Glass requested clarification on the 9’ x 18’ parking spaces.  He requested the 9’ x 18’ spaces be increased to 30%.

Commissioner Constantine amended the motion to allow 30% of the parking spaces to be 9’ x 18’ if three or more electric chargers are installed.  Commissioner Zembower agreed to the amendment.

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

     District 1 voted NAY.

Motion passes 4 to 1.

DISTRICT REPORTS

District 3

     No report.

District 4

     Commissioner Lockhart reported she has completed her visits with all of the fire departments and announced the events and conferences she attended.

District 2

     Commissioner Zembower announced the events he attended. 

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The Commissioner requested staff provide information during the upcoming Land Development Code work session on 5G. 

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The Commissioner stated he would like the Board to consider doing a Community Services spotlight on success stories. 

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The Commissioner advised he spoke to Volusia County Council representatives regarding concerns of residents on the Volusia County side of Lake Harney.  He requested staff review any contractual agreements with Volusia County for services that Seminole County provides to make sure they are keeping up to speed on the times and costs of those.  He requested staff brief all the Commissioners on the review. 

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Commissioner Zembower stated his office will be distributing to the other Commissioners a recent traffic study done out of UCF.  He would like everyone to look at that because the Legacy Pointe project will be coming online soon. 

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The Commissioner stated the Lake Pickett North project has come back into pre-application status in Orange County.  He requests the Board continue to allow staff to be present at the Orange County meetings in order to keep the Board informed. 

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The Commissioner announced Mr. Nygren’s buggy collection will be moved tomorrow from Geneva to the County’s facility.

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The Commissioner requested staff brief the Port Authority on the Orange Boulevard project.

District 1

     Commissioner Dallari announced the events he attended.

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The Commissioner distributed SunRail documentation (received and filed) for informational purposes.  A discussion ensued regarding SunRail tap on/tap off.

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The Commissioner distributed information regarding historical signage for the Taintsville and Chuluota area (received and filed).  He stated the residents have requested some type of markers relating to the history of the eastern part of the county.  He suggested using kiosks or signs.  Ms. Guillet stated staff will do some research and bring something back.

 

 

District 5

     Chairman Carey reported she met with FDOT Secretary Shannon regarding potential locations for rest areas and truck stops around the Wekiva Parkway.

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The Chairman provided an update on the Wekiva Basin study, which is a five-mile project, three miles within unincorporated Seminole County and two miles within the City of Sanford.  The study is being performed by CDM Smith.  She stated a public information meeting was held on June 25th.  The study is currently in the data collection phase, and model development begins in August.  The draft report will be presented to the County Commission in December followed by a public meeting in January.  The final report will come back in February 2020.

CHAIRMAN’S REPORT

     Chairman Carey reported she had previously distributed to all the Commissioners a proposal from Larry Ross with F&B Associates and a proposal from UCF regarding setting the standard and best practices and preparing a report regarding evaluations for the County Manager and County Attorney. 

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to engage F&B Associates to move forward with establishing a baseline for evaluations of the County Manager and County Attorney.

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

COMMUNICATIONS AND/OR REPORTS

RECEIVED FROM THE CHAIRMAN’S OFFICE

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

1.   Letter dated June 25, 2019 to Chairman Carey from Kevin Smith, City Manager, City of Lake Mary RE: 2020 Decennial Census, Seminole County Complete Count Committee appointee.  C:  Kendall Story, Urban Planner; Steve Noto, Community Development Director; Tony Matthews, 2020 Census Complete Count Committee Coordinator.

 

2.   City of Sanford Notice of Public Hearing to Consider a Rezone at 430 Lake Boulevard with site map.

 

3.   City of Sanford Notice of Public Hearing to Consider a Comprehensive Plan Amendment at 430 Lake Boulevard.

 

4.   COPY of letter and attachments dated July 5, 2019 to Chairman Carey from Florida Department of Economic Opportunity Chief James D. Stansbury RE: Seminole County Amendment No. 19-02ESR.  C:  Rebecca Hammock, Planning and Development Division Manager, Seminole County; Hugh W. Harling, Jr., Executive Director, East Central Florida Regional Planning Council.

 

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:56 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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