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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
The Commissioner requested staff provide information during the
upcoming Land Development Code work session on 5G.
-------
The Commissioner stated he would like the Board to consider doing a
Community Services spotlight on success stories.
-------
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.
-------
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.
-------
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.
-------
The Commissioner announced Mr. Nygren’s buggy collection will be moved
tomorrow from Geneva to the County’s facility.
-------
The Commissioner requested staff brief the Port Authority on the
Orange Boulevard project.
District 1
Commissioner Dallari announced the events
he attended.
-------
The Commissioner distributed SunRail
documentation (received and filed) for informational purposes. A discussion ensued regarding SunRail tap on/tap off.
-------
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.
-------
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.
-------
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
tp/cc