September 10, 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, September 10, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.


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)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerks Chariti Colón and Terri Porter



     Reverend John Pierce, Ethnos 360, Sanford, gave the Invocation.  Commissioner Constantine led the Pledge of Allegiance.


The Business Spotlight video for Viewstub was canceled due to Hurricane Dorian and will be rescheduled.


Agenda Item #1 – 2019-1611

      Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Coxswain Fred J. Covey, United States Navy, Retired, as Seminole County’s September 2019 Veteran of the Month.

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


Agenda Item #2 – 2019-1511

     Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt appropriate Resolution #2019-R-150 recognizing David W. O’Brien, Seminole County Fire Department, for his service to Seminole County Government and its citizens.

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


Agenda Item #3 – 2019-XXXX

     Motion by Commissioner Zembower, seconded by Commissioner Constantine, to adopt appropriate Resolution #2019-R-151 recognizing Lieutenant/Paramedic Mitchell T. Ransom, Seminole County Fire Department, for his service to Seminole County Government and its citizens.

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


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

Commissioner Lockhart requested Item #17, RFP-2573-19 with Skanska USA Building, Inc., be pulled for a separate discussion. 

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

County Manager’s Office

Development Services

Planning and Development Division

 4.  Approve the plat for the Crystal Photonics Replat subdivision containing one (1) lot on 4.3536 acres zoned M-1, Industrial, located on the north side of North Financial Court; Jonathan Hules, Applicant.  (2019-1583)

 5.  Authorize the release of Road, Streets, and Drainage Performance Bond #SUR0048070 in the amount of $712,639.81 for Orange Creek; M/I Homes of Orlando, Applicant.  (2019-1594)

 6.  Approve the Final Plat for the Sylvan Trails single-family residential subdivision containing fourteen (14) lots on 9.64 acres zoned PD, Planned Development, located on the south side of South Sylvan Lake Drive, approximately 1/4 mile west of Orange Boulevard; Joseph Schwartz, Applicant.  (2019-1557)

 7.  Authorize the release of Lakeview Drive Right-of-Way Performance Bond #9911193 in the amount of $25,740 for the Axios Future Development site; Axios Development, LLC, Applicant.  (2019-1579)

 8.  Authorize the release of Roads Performance Bond #30053100 in the amount of $2,509,233.41 for Water’s Edge at Hawk’s Crest; Meritage Homes, Applicant.  (2019-1596)


Environmental Services

Solid Waste Management

 9.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Conex Recycling Corporation; Keller Outdoor Environmental Services, LLC; Trademark Metals Recycling, LLC; and USA Services of Florida, Inc., effective from October 1, 2019, through September 30, 2020.  (2019-XXXX)


Fire Department

Business Office

10.  Approve and authorize the Chairman to execute the negotiated Collective Bargaining Agreement between Seminole County and Bargaining Unit Local 3254 for Battalion Chiefs/B-Unit.  (2019-1612)


Public Works

Engineering Division

11.  Approve and adopt appropriate Resolution #2019-R-152 accepting a Quit Claim Deed donated by Transit Properties, LLC, to Seminole County related to the construction and maintenance of a sidewalk along a portion of West Airport Boulevard near State Road 46.  (2019-1568)

12.  Approve and adopt appropriate Resolution #2019-R-153 accepting a Sidewalk and Drainage Easement donated by The School Board of Seminole County, Florida, to Seminole County related to the construction and maintenance of a sidewalk along a portion of Old Lockwood Road, approximately 1,650 feet south of Lockwood Boulevard.  (2019-1601)


13.  Approve and authorize the Chairman to execute the First Renewal and First Amendment to Non-Exclusive Lease of Library Space, Friends of the Library of Seminole County, Florida, Inc.  (2019-1573)

Resource Management

Budget Division

14.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-154 implementing Budget Amendment Request (BAR) #19-102 through the General Fund for an accounting adjustment to transfer existing approved project budget in the amount of $320,000 for the SCSO Communication Center Redesign.  (2019-1613)

Purchasing and Contracts Division

15.  Award RFP-603520-19/TLR, Term Contract for Plans Examiners & Inspection Services, to Bureau Veritas North America, Inc., Saint Cloud; Calvin, Giordano & Associates, Inc., Ft. Lauderdale; GFA International, Inc., Port St. Lucie; NOVA Engineering & Environmental, LLC, Tampa; and Universal Engineering Services, Inc., Orlando; and authorize the Purchasing and Contracts Division to execute the Agreements.  (2019-1543)

16.  Award IFB-603515-19/PJC, Term Contract for Curbs, Gutters, Sidewalks, Concrete and Asphalt, to W.T. Comp, Inc., Orlando; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2019-1580)

17.  Pulled for a separate discussion.

18.  Approve Amendment #3 to RFP-601999-14/BJC, Third Party Administrator Services Agreement, with Johns Eastern Company, Inc., Lakewood Ranch, to extend the term of the Agreement through September 30, 2020, with an annual compensation for professional services not to exceed $81,182.41; and authorize the Purchasing and Contracts Division to execute the Amendment.  (2019-1582)

Risk Management

19.  Approve settlement of all outstanding claims, causes of action, or rights that the Claimant may have against Seminole County for the total amount of $180,000, inclusive of attorney's fees; and authorize staff and counsel to execute all necessary settlement documents.  (2019-1606)


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

Consent Agenda Item #17 – 2019-1590

Award RFP-2573-19 to Skanska USA Building, Inc.

Commissioner Lockhart stated she has some questions because of the work that is going on right now with the Infrastructure Sales Tax Program as well as the contracted program management team.  She thought it would be important for the Board to have some discussion before bringing another firm on board.  The Commissioner stated one of the responsibilities listed under Project Management Services in Exhibit A, Scope of Services, to the proposed contract is to manage and oversee other consultants hired by the County for the Infrastructure Sales Tax projects and other projects funded by other funding sources.  The Commissioner stated they have not yet had the opportunity for the original contracted firm to come back and give an update on where they are and they have not set the priorities.  She stated even though this is project management and that is program management, there is going to be some overlap.  Chairman Carey stated she was under the impression the consultant was coming back with an update in September, but Nicole Guillet, County Manager, has advised her that the program update will be in November. 

Ms. Guillet clarified the intent of bringing this additional resource on board is for project management.  There is not enough staff to manage all of the sales tax projects.  The part of the scope that Commissioner Lockhart pointed out is not intended for them to manage Jacobs, who is doing program management and also some project management.  It is intended to serve as a staff person to manage the consultants that are hired to do particular projects.  Ms. Guillet added they would use this resource if they needed management outside of the sales tax program; such as the two fire stations that are getting ready to be constructed.  It is intended to augment what Jacobs is doing.  It is not intended to replace or in any way displace them in the work they are doing.  Ms. Guillet expressed the Board made it very clear to bring on the resources needed to push projects out, and this is just another opportunity to get more projects started and to have more people working on getting sales tax and other significant capital projects done.

Commissioner Zembower advised he had inquired of staff if they needed to hire somebody of this magnitude as a staff member to run it in-house, and staff assured him that would not be a wise move because eventually there would be no work for that staff person to do.  The Commissioner stated he has a concern that Skanska has indicated they are pulling completely out of Central Florida and moving back to the Tampa area.  He questions if they are going to have a presence in the Metropolitan Orlando area.  Ms. Guillet responded that will be confirmed with Skanska.  She added this item is not time sensitive and can be brought back. 

Commissioner Dallari noted the document states the consultant services will be requested on an as-needed basis.  The Commissioner opined since this is on an as-needed basis, it is not something that needs to happen today.  He would like to hear from Jacobs to see if there is actually a need to bring someone else on. 

Chairman Carey inquired of the Board if they wanted to move Jacobs’ program update to the first meeting in October and then take this item up at the second meeting in October.  Commissioner Zembower responded he is not in favor of holding up or delaying any of the infrastructure programs.  He would just like some clarification, and he thinks that can be done relatively quickly by having staff report back to the Board.  Commissioner Dallari agreed and stated he wants to make sure they are not duplicating efforts.  Chairman Carey clarified this is for both infrastructure sales tax and other funding sources.  She stated there are questions that need to be answered.  She is also concerned about local presence because otherwise the County will incur the cost for Skanska to commute from Tampa. 

Commissioner Lockhart commented if these are projects that have already been prioritized that are sitting there waiting to be released, she looks at that differently than if these are projects that have not been yet prioritized.  She wants to make sure they are not getting people in place to do projects that the Board has yet to prioritize with the original consultant. 

Chairman Carey stated it is Jacobs’ role as the program manager to come back with a list of priorities as staff sees them and then how they believe they should be prioritized, which will be in the upcoming update.  This item is for project management.  Ms. Guillet stated they have a list of prioritized projects, and Jacobs is helping staff validate those prioritizations.  She expressed the direction from the Board previously was to start working on this program development and refining the program, but don't stop pushing out projects.  Staff has been attempting to augment their project management team since earlier this year, and they have recently been able to get an additional project manager from the existing team.  If the Board really wants them to keep moving forward, they would like to have another option for bringing in project managers, and that is what this is intended to do. 

Commissioner Lockhart inquired if staff feels that the current consultant is not able to provide the number of people that is needed.  Ms. Guillet responded they have been challenged in getting the number of people they feel they need on board to do project management.  Chairman Carey inquired how many project managers do they think they need on board.  Joe Abel, Deputy County Manager, responded they initially asked Jacobs to bring on two or three additional people and they have gotten one that started in July. 

Mr. Abel explained Jacobs has two work orders with the County:  One for project management and one for program management.  The focus from the retreat and work sessions has been on moving the program management forward, and they are still working in that direction.  Staff asked Jacobs for a couple more project managers because projects are being ramped up.  The intent all along has been to augment additional project management staff in addition to Jacobs.  They have had a plan from the very beginning of a list of projects which have continuously been prioritized on an annual basis.  The five-year plan now is really the five-year plan.  What Jacobs will be doing from a program perspective is revalidating those to make sure that it makes sense that they are being done and then prioritizing them moving forward.  That will be an ongoing process where every year they will reprioritize and revalidate every project moving forward, so Jacobs will always have that program management moving forward in addition to being able to be brought on as individual project managers.  But as projects are ramped up over the next five years, they will still need to bring on more project managers, and that is what this type of contract is for.  Mr. Abel explained they try to balance out the number of people hired on staff and the number of consultants.  If people are hired on as staff, they would have to be laid off once projects are over.  If they are brought on through a contract, the contract ends once a project or series of projects is over. 

Ms. Guillet advised there are more than 80 infrastructure projects being worked on right now, there are two fire stations and Five Points coming up, and there are a lot of big capital projects that are happening.  They want to make sure they have the resources available to manage all of that so they are moving forward and nothing gets stalled. 

Commissioner Dallari stated the other projects, such as the fire stations and Five Points, are all very important and need to move forward.  However, he wants to make sure they are not stepping on each other's toes with the infrastructure sales tax projects Jacobs was directed to ramp up.  The Commissioner stated he would like to hear from Jacobs of what has transpired since the last work session with them.  He wants to make sure they are not duplicating services.

Chairman Carey stated it sounds like there are enough questions to be considered and answered to continue this to the next meeting.  The Chairman expressed she wants to make sure whoever is hired has available staffing for project managers right now.  Mr. Abel responded they will get clarification. 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to continue to September 24, 2019, the request to award RFP-2573-19/RTB, Project Management Services for Infrastructure Sales Tax and Other Funding Sources, to Skanska USA Building, Inc., Maitland; and authorize the Purchasing and Contracts Manager to execute the MSA.  (2019-1590)

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

Clerk & Comptroller’s Consent Agenda Item #20

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve Expenditure Approval Lists dated August 12 and 19, 2019; and Payroll Approval List dated, August 22, 2019.  (2019-1604)

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


Clerk & Comptroller’s “Received and Filed” Documents

1.  Escheatment Tax Deed for Parcel #25-19-30-5AG-120D-002A.

2.  Florida Public Service Commission Consummating Order, #PSC-2019-0335-CO-EQ, re:  Petition for approval of amended standard offer contract (Schedule COG-2) and amended interconnection agreement, by Duke Energy Florida, LLC, Docket #20190079-EQ, issued August 15, 2019.

3.  Public Notice List of Forfeiture of Unadjudicated Unclaimed Funds from Clerk’s Finance published July 31, 2019.

4.  Approval Development Orders #19-30000058, 457 Willowbrook Lane, Paul and Kelly Milburn; #19-30000059, 4061 Belle Meade Court, Rodolfo Fernandez; #19-30000061, 400 Woodbridge Road, The Springs Community Association, Inc.; #19-30000062, 1067 Portsmouth Lane, James Belanger; and #19-30000063, 208 Capri Cove Place, Christopher and Shelli Girard.

5.  Special Exception Approval Development Order #19-32000003, Byblos Hookah Lounge, VDM Oviedo Retail, LLC.

6.  Irrevocable Letter of Credit #3470022432-L001, in the amount of $7,066.57, and Water and Sewer Improvements Maintenance Agreement for the project known as Lake Sylvan Oaks Phase 2; Las Bocas Corporation.

7.  Bills of Sale accepting water and sewer systems for the projects known as FDOT Transportation Management Center and Legacy Estates.

8.  Recording of Plats and Title Opinion Letter for the project known as Poppys Dike Road Acres; Valerie Main Smith Revocable Trust.

9.  Pet Rescue Agreements with Hoffmeyer Animal Rescue, Cat Tail Corner, and Save Our Cocker Spaniels, Inc.

10.  Parks Contract for Services with Sara Mitzel, Jessica Fiorenza, and Barbara MacConnell.

11.  Work Order #52 to PS-0009-15 with Pegasus Engineering, Inc.

12.  Work Orders #26, #27, and #28 to RFP-0336-15 with Site Secure LLC, A miller Electric Company.

13.  Work Order #3 to PS-0426-15 with Horizon Engineering Group, Inc.

14.  Closeout to Work Order #23 to CC-0559-15 with Central Florida Environmental Corp.

15.  Change Order #1 to Work Order #16 to RFP-1294-17 with M&J Enterprises International, Inc.

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

17.  Work Order #23 to RFP-1294-17 with M&J Enterprises International, Inc.

18.  Amendment #1 to Work Order #14 to PS-1320-17 with Southeastern Surveying and Mapping Corp.

19.  Amendment #1 to Work Order #4 to PS-1474-17 with S2L, Inc.

20.  Closeout to CC-1719-18 with CTR III Enterprise, Inc. d/b/a Control Engineering Group.

21.  Amendment #1 to Work Order #2 to PS-1832-18 with CDM Smith, Inc.

22.  Work Order #19 to PS-1832-18 with CDM Smith, Inc

23.  Work Order #8 to PS-1998-18 with E. Sciences, Inc.

24.  Work Order #1 to PS-2225-19 with Atkins North America, Inc.

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

26.  Third Amendment to IFB-602239-15 with Herc Rentals.

27.  Second Amendment to IFB-602315-15 with Petroleum Equipment Construction, Inc.

28.  Third Amendment to IFB-602346-15 with Traffic Control Devices, Inc.

29.  First Amendment to RFP-603383-19 with The Segal Company (Eastern States), Inc. d/b/a Segal Waters Consulting.

30.  IFB-603501-19, Term Contract, with Ten-8 Fire Equipment, Inc.; as approved by the BCC on May 14, 2019.

31.  IFB-603547-19, Term Contract, with Teleflex, LLC.

32.  Bids as follows:

RFP-2573-19 from Jacobs Engineering Group, Inc.; PMA Consultants, LLC; Skanska USA Building, Inc.;

PS-2552-19 from CPH, Inc.; Cribb Philbeck Weaver Group, Inc.; Dewberry Engineers, Inc.; DRMP, Inc.; England-Thims & Miller, Inc.; Inwood Consulting Engineers, Inc.; Johnson, Mirmiran & Thompson, Inc.; Metric Engineering, Inc.; Moffatt & Nichol;

RFP-603520-19 from Universal Engineering Sciences, Inc.; NOVA Engineering & Environmental, LLC; GFA International, Inc.; Calvin, Giordano & Associates, Inc.; Bureau Veritas North America, Inc.;

RFP-603528-19 from The Balmoral Group, LLC;, LLC;

IFB-603555-19 from Fisher Scientific Company, LLC;

IFB-603564-19 from Convergint Technologies, LLC; Lane Electronics & Alarm Systems, Inc.; Lock and Door Specialists, Inc. d/b/a American Surveillance and Access Control; and

IFB-603565-19 from Nills Humberg Enterprises, LLC d/b/a Ace Flow Control; Aaron’s Backflow Services, Inc.; Quick Response Fire Protection, LLC; Sprinkler Repair, Inc..


Agenda Item #21 – 2019-1584

Festival del Bacalaito Special Event Permit/Alex Torres

Mary Robinson, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.

Motion, by Commissioner Zembower, seconded by Commissioner Dallari, to approve the Festival del Bacalaito Special Event Permit for September 28, 2019, through September 29, 2019, located at 440 Hickman Drive, Sanford, subject to staff’s recommendations included in the Special Event Permit; Alex Torres, Applicant.

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


Ms. Guillet advised Alan Harris, Office of Emergency Management Director, will be providing an update on Hurricane Dorian preparedness efforts.  Mr. Harris addressed the Board and advised there were over 208,000 sandbags given out, with 150 sandbags given directly to community hubs.  The community hub program is in specialized communities across the county, such as Midway and East Altamonte, where the communities have come together and developed the hubs to provide information and logistical supplies. 

Mr. Harris stated there are two call centers consisting of the general call center and the public works call center.  A lot of base stations and portable radios were placed at emergency shelters to provide redundant communication.  Hurricane force winds were not realized as forecasted, so there was no damage to any of the radio tower sites.  The fire department rescued two kayakers on the Econ River, staffed two disaster 911 centers, and had the Urban Search and Rescue team on standby.  American Ambulance provided basic life support services at the general population shelters and advanced life support services at the special needs shelters.  The fire department worked in concert with them to transport persons with complex medical and special needs from their homes to the emergency shelter and then back.

Four general population shelters were opened with Lyman High School being pet friendly.  There were 101 staff members for 24-hour operations at each one of those facilities, and an additional 70 kitchen, facilities, and administration staff members provided by Seminole County Public Schools.  The Sheriff's Office provided law enforcement to the schools that are in the unincorporated areas, and Longwood Police Department provided law enforcement support at Lyman High School.  Northland Church provided volunteers at Lyman as part of the adopt-a-shelter program. 

There were three special needs shelters with Bentley Elementary School being pet friendly.  There were 67 medical staff from the partnerships with UCF's medical school and some private contractors.  There were 137 persons with special needs that went into the shelter, some of which were complex-medical-care children.  During the ramp up to the event, 399 citizens were newly registered into the persons-with-special-needs registry, which brings it up to a little over 1,900 individuals now on the special needs and well-check program.  Commissioner Lockhart inquired if other counties provided that service.  Mr. Harris responded the special needs registry is required by statute.  However, the complex-medical children is not, and Seminole County is the first in the state to have it.  There are 12 group homes across the state that have complex-medical-care children, and nine of them are in Seminole County. 

Mr. Harris noted the volunteers and donation side is run by the Community Services Department.  He thanked the Community Services staff for contacting the volunteer organizations that are affiliated with the county.  Mr. Harris explained many local companies are partnered in the BEAS, Billboard Electronic Alert System, program and provided the Prepare Seminole message on their electronic billboards.  The citizens information center received 6,343 inquiries during activation time.  All types of inquiries come in from garbage collection to school closings to when will emergency permits be available after the storm event.  Ms. Guillet commented the dispatch center advised the information line gives them some relief during a storm. 

Mr. Harris stated 21,293 people registered for the text group notifications.  SGTV went to 24/7 programming prior to the event.  This is the first time that has been done.  The press conferences were on loops, as well as general information slides and videos.   There were three joint press conferences and national coverage from the Weather Channel.  There was increased following on social media sites Facebook, Twitter, the County's new Instagram page, and Nextdoor. 

Flood levels are still being monitored.  They are in action stage along the entire length of the St. Johns River.  He advised residents in Geneva along the river have expressed concerns about boating.  Chairman Carey added Florida Fish and Game has been contacted regarding getting a permanent sign that says no wake when flooding. 

Mr. Harris stated they are in the process of doing their after-action report.  They are currently at about $3.4 million on the protective measures costs, which is consistent with the surrounding counties.  The Governor's office has requested a FEMA declaration for Category B, which is protective measures related to public assistance for local government.  The County is making the request to FEMA for reimbursement, and they have officially made that request to the State.  The County does meet the threshold for FEMA assistance.  However, the State has to meet their threshold, which it looks like they will based upon the damages in Brevard, Palm Beach, and Broward Counties, as well as a couple of other counties along the eastern seaboard.  If they do receive public assistance, that would cost-shared with local government that helped pay for some of the costs that were mentioned. 

They have been working with Harvest Time International and Air Unlimited for Bahamas relief assistance.  Air Unlimited is providing donations and resources to the Bahamas, and they are also bringing people back from the Bahamas.  As those people arrive, they may not have services.  The federal government has not activated the repatriation efforts which helps to pay for costs, so they will be looking to nonprofits, faith-based organizations, and things like that for the individuals that are coming in.  Air Unlimited is working to house the people temporarily up to five days.  But after five days, they have to figure out what the next step is.  Sending them back to the Bahamas in five days is not going to work because most of the emergency shelters in Nassau are full and there is also a lack of medical supplies down there.


Ms. Guillet distributed a letter to the Board (received and filed) and recognized the Resource Management team for receiving the Distinguished Budget Presentation Award for the current fiscal year budget.  This is the 27th year they have received this award.  Chairman Carey congratulated staff and added the letter mentions a public presentation and attaches a press release.  She requested that be scheduled and the press release be pushed out. 


Chairman Carey recessed the meeting at 10:46 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Chariti Colón who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.


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

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



Item #22 – 2019-0035

Weinstein Lake Howell Rezone/Patricia Weinstein

Matt Davidson, Planning and Zoning Division, addressed the Board to advise the Applicant has requested that the item be withdrawn; however, it was advertised and therefore he is here to present that information.

Item #23 – 2019-0036

Rolling Hills Park Rezone

Mr. Davidson presented the request as outlined in the agenda memorandum.  Staff recommends approval of the ordinance.

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 Constantine, to approve a Rezone from R-1AA (Single Family Dwelling) to PLI (Public Lands and Institutions) for a public recreational park on approximately 98.15 acres, located on the north side of North Street.

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

Item #24 – 2019-0037

TownPark Commons PD Major Amendment

and Rezone/Piedmont TownPark Land, LLC

     Kathy Hammel, Planning and Zoning Division, addressed the Board to present the request as outlined in the agenda memorandum.  Staff recommends approval.

     Commissioner Zembower questioned whether the Applicant was trying to get access to the trail system from this property.  Ms. Hammel replied that is Allure on the Parkway, which is located on the west side.  There is an intersection that is being proposed that will connect this property to a sidewalk that is on the south side of Allure on the Parkway.

     Chairman Carey stated she thinks this property owner previously donated land to FDOT for the SR 417 connection to International Parkway.  She asked if they will be receiving that land back whether they are going to move the ramp and is that calculated into the distance for the driveway closest to 417 and International Parkway.  Ms. Hammel explained the property they are working with FDOT on is actually the northeast corner.  FDOT is still utilizing that as part of the interchange; there still is a ramp going in that location. 

     Luke Classon, Appian Engineering, addressed the Board to advise there was no land dedicated on the north side along the 417 ramp that is going to be removed.  There is only the northeast corner where there is going to be a north-south ramp from the new 429 to get off going I-4 south. 

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

     Motion by Chairman Carey, seconded by Commissioner Dallari, to adopt Ordinance #2019-38 enacting a Rezone from PD (Planned Development) to PD (Planned Development), and approve the associated Addendum #2 to the Development Order and Master Development Plan for 18.92 acres located on the north side of Colonial Center Parkway, approximately one-eighth mile west of Arbor Park Lane; Piedmont TownPark Land, LLC, Applicant.

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

Item #25 – 2019-0038

Church Street Oviedo Property Rezone/Aaron Struckmeyer

     Danalee Petyk, Planning & Zoning Division, addressed the Board to present the request as outlined in the agenda memorandum.  Staff recommends adoption of the ordinance.

     Commissioner Zembower stated it was his understanding that a private deed restriction was placed on this property to prevent townhomes.  Ms. Petyk said she believes they made that presentation at Planning and Zoning and it was part of the sale that they could not rezone to allow townhomes.  Commissioner Zembower questioned if future land use is affordable housing, and Ms. Petyk advised the future land use is medium density residential so that could include affordable housing.  Commissioner Zembower then asked Ms. Petyk to talk about it being consistent with the trend of the area. 

     Commissioner Dallari confirmed that they are doing a straight zoning application and this is not a PUD.  He stated there is no development order associated with this.  Chairman Carey added there is no negotiation when you are in a straight zoning versus a PD zoning.

     Charlie Madden, Madden Moorhead and Stokes, addressed the Board to advise they are working with Pulte Homes on this project and representatives are in attendance today to answer any questions.  He displayed the notice that went out to homeowners (received and filed) that stated the medium density residential (MDR) future land use designation would allow townhomes, but they are proposing 38 single-family dwellings.  He talked about the concerns of the neighbors including density and traffic.  (Emails between Mr. Madden and Public Works Director Jean Jreij were received and filed.)  He also talked about rights-of way and the intersection of Church Street and W. Chapman Road (Intersection Improvement Preliminary Designs received and filed). 

     Commissioner Dallari confirmed that Mr. Madden will be working with the DOT if they will allow, and Chairman Carey stated that as a Commission, they can certainly make those requests to the District 5 DOT office for either a “no right turn on red” during peak times or a “right-turn yield to the U-turn” because the issue is occurring whether this rezone happens or not.

     Lee Barnes, real estate agent with Maury L. Carter and Associates, addressed the Board to speak in support and on behalf of the sellers. 

     The following spoke in opposition:  Barbara Stiver, 2465 Kirk Road (sign board and map received and filed); Nancy Ryerson, 1155 Fern Forest Run; Catherine Harvie, 1200 Fern Forest Run; Chris Blevins, 2320 Church Street; Sherman Kirkland, 1255 Fern Forest Run (Community Impact Analysis received and filed); Ray Stiver, 2465 Kirk Road; Louis Baron, 1305 Fern Forest Run (timeline of communication to the Board and a flyer advertising Chapman Pines received and filed); Richard Shaw, 1201 Fern Forest Run (Seminole County Transportation Standards, Engineering Manual, Chapter 1 received and filed); Edward Dullmeyer, 554 Fitzwalter Drive (aerial photos and map received and filed); Sommer Sherrod, Kirk Road (aerial photo received and filed).  Public Comment Forms were received and filed; Written Comment Forms in opposition from Grant Kirk, 2485 Kirk Road; Robert Dollard, 2714 Veritas Drive; Dolleen Dollard, 2714 Veritas Drive; received and filed.

     Mr. Madden showed the land use designation map from the agenda memorandum and presented his rebuttal arguments.  Chairman Carey confirmed with him that the only access point to and from this subject property is Church Street.  An extensive question and answer session ensued with Mr. Madden, County Attorney Bryant Applegate, the Public Works Director Jean Jreij, Ms. Petyk, and the Development Services Director Rebecca Hammock answering questions.  Commissioner Dallari stated there is no D.O. so they cannot put conditions on this, but confirmed with Mr. Madden that the Applicant is willing to work with County staff and DOT to do an intersection study.  He then confirmed with Mr. Jreij that when they do the site plan, County staff will be making sure that the road is built correctly and will also be taking core samples of the road.

     Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt Ordinance #2019-39 enacting a Rezone from A-1 (Agriculture) to R-1BB (Single Family Dwelling) on approximately 11.9 acres, located on the east side of Church Street, approximately 660 feet south of Chapman Road; Aaron Struckmeyer, Applicant.

     Under discussion, Commissioner Lockhart questioned if there was consensus to ask for their staff, outside of whatever it is that the developer is committed to doing in terms of a safety study, to go ahead and look at the safety situation out there.  Commissioner Zembower added they have a law enforcement issue that should be addressed.  Chairman Carey remarked that staff can go ahead and contact DOT and make that request to have DOT start looking at it.  Commissioner Dallari noted there is also an issue out there with the line of sight and he believes that one of Mr. Jreij’s staff members, Mr. Newton, did some preliminary research of the limits of right-of-way, and he would like to make sure that the area is clean, the shrubs within the right-of-way, so you have a clear line of sight, because it can be dangerous back in that corner.  Chairman Carey clarified that it is the County’s right-of-way and Commissioner Dallari is asking that staff go out and clear the right-of-way.  Commissioner Constantine stated their hands are tied with the zoning, but they should do everything they can to protect the safety of the citizens out there.

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

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


Item #26 – 2019-1597

Education and Child Care Facilities LDC Amendment

     Mary Moskowitz, Planning and Development Division, addressed the Board in connection with the request to consider an Ordinance amending the Land Development Code to update definitions related to Educational and Child Care Facilities.  She advised staff is asking for a continuance to the October 8th BCC meeting explaining this item was scheduled for the September 4th P&Z meeting which was cancelled.  It will now be heard at the October 2nd P&Z meeting.

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

     Motion by Commissioner Dallari, seconded by Commissioner Zembower, to continue to October 8 at 1:30 p.m., or as soon thereafter as possible, the request to consider an Ordinance amending the Land Development Code to update definitions related to Educational and Child Care Facilities, including adding an Elementary School definition, which will include Kindergarten and Voluntary Pre-Kindergarten as part of the definition.

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


     Tricia Johnson, Deputy County Manager, addressed the Board to follow up on the August 27th Board meeting discussion.  She noted that the 2020 State Legislative Priorities document (received and filed) is based on feedback the Commissioners provided at that Board meeting.  She reminded these priorities will be presented by Chairman Carey at the Seminole County Legislative Delegation meeting this Friday at 1:00 p.m.

     Ms. Johnson indicated she is working with Public Works and Environmental Services, as well as their lobbyist, to develop talking points and white papers for each of these policy priorities and appropriation requests, which will be provided to their legislators and lobbyists to utilize during session.  The appropriations requests are technically due November 15th; however, she intends to have them in by the end of this week after receiving the Board’s feedback today so that their lobbyists can work with members of their legislative delegation for sponsorships.  And she has also asked their lobbyist as well as partner lobbyists if they could meet next week, which is the first week of committee weeks, to discuss more of a collaborate effort between the school system, the college, and the county, and to look for some ideas on how they can work more closely together.

     Chairman Carey suggested they add SunRail to Lynx and Metroplan under the “Monitor and Support” section on the document because it is a community and regional partnership.  Commissioners Dallari and Lockhart agreed. 

     Commissioner Zembower stated Senator David Simmons is pushing Lake Jesup to the tune of about $15 million and he wants to make sure their other legislators are in tune with what the Senator is doing, as well as making sure their lobbyists are aware of that, because he may need some help to bring that money to Lake Jesup.  Upon inquiry by Chairman Carey, Ms. Johnson explained there are two pieces to this.  Senator Simmons is focusing his energies on a two‑part, approximately $15 million project that will focus on flow enhancement and wetland treatment efforts for Lake Jesup.  He is working with St. Johns River Water Management District and would like to ensure that this is a collaborative effort.  She thanked Commissioner Dallari for reaching out to him to find out if it would be beneficial and more helpful to the Senator’s efforts to not ask for an appropriations request related to Lake Jesup and just support his efforts.  The Senator indicated he would like them to go after everything they can, so that is why this project is still listed.  Chairman Carey clarified that the Bear Gully stormwater would be diverted away from Lake Jesup, and that is how this project ties in.  Commissioner Dallari stated somehow there needs to be a way of articulating they are supporting both Senator Simmons’ project and the diversion project.  Ms. Johnson responded they can add a line about that to the “Monitor and Support” section so they are backing the Senator’s efforts.  Commissioner Zembower said he thinks the City of Oviedo and Winter Springs are both going to be supporting this initiative as well.


Ms. Guillet reminded at their last work session, they talked about an emergency funding agreement for the Rescue Outreach Mission.  They have made a couple of modifications to the draft agreement and most of those are just clarifying language.  There are a couple of substantive changes from what they discussed that day.  The draft agreement had a funding amount of $75,000 and they determined after that that it would take about $120,000 to get them through three months, so they have changed that amount to a not-to-exceed $120,000.  They also clarified the language about the security of the mortgages so should they default, they would affirmatively agree to give the County a deed in lieu of foreclosure.  The other substantive change is a provision was added that states if they default within one year, because this is really a 30-day emergency funding agreement, the County has the ability to step in and take over.

Commissioner Lockhart stated the revised 2019 Emergency Funding Agreement with Rescue Outreach Mission (copy received and filed) was dropped off this morning and she wondered what the other changes included.  Ms. Guillet replied there were six other changes and she can review each change for the Board.  Discussion ensued about getting red-line changes.  Commissioner Lockhart asked during Ms. Guillet’s review of the changes how much leverage do they really have putting a mortgage on something they already have a mortgage on.  Ms. Guillet explained the reason they “belt and suspendered” that; they have a mortgage on the women’s shelter and the men’s shelter now for default on other agreements that they have with them.  They wanted to make sure if there was a default under this agreement, they also have the opportunity to take a deed in lieu of foreclosure on those properties as well.  They wanted to make sure that as it relates to this specific agreement that those mortgages and deeds would also apply for any default here.  They include the shelters and a rental property they have and also some smaller remnant pieces that are not developed.  Ms. Guillet continued her review of all the changes.

Chairman Carey first explained why and then indicated they will be looking at four more volunteers to appoint to that Board.  She asked the Commissioners to think about good business people to ask to serve on this board to help turn the organization around. 

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve the 2019 Emergency Funding Agreement with Rescue Outreach Mission of Central Florida, Inc.

Under discussion, Rosalyn Thomas, Executive Director of Rescue Outreach Mission, addressed the Board to respond to questions.  Chairman Carey stated she knows that board has been struggling with funding for a while and she knows that they have been reluctant to come to some of the agreements with the County.  She asked if the Rescue Outreach Mission board reviewed this and voted to accept these terms.  Dr. Thomas responded they did review the agreement and identified questions.  She spoke with their board via conference call yesterday and went through their questions.  Chairman Carey confirmed that Dr. Thomas has the authority to execute this from her Board of Directors as presented today.

Commissioner Lockhart commended Ms. Thomas for her work.  She wanted to clarify that the Board of County Commissioners does not typically bail out non-profit organizations.  This is not everyday business; this is an entity in their community that they rely on greatly.  It is the only designated emergency shelter so they need them to be functioning well and highly performing.

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.


County Attorney Bryant Applegate reported that so far from January through August, they have received 34 Notice of Claims, and of the 34, there are 23 that do not involve Seminole County.  In his opinion, this has been going on much too long and most are from two firms in particular.  He is going to request a meeting with those firms to see if they can stop this, because it takes hours between his office and Risk Management to research the issue, correspondence with the outside attorney, property searches, etc. 

Mr. Applegate advised he is waiting on a call back regarding the opioid litigation.  There are rumors going around about bankruptcy issues and he is trying to get an update on that.

     Mr. Applegate remarked that he presented at the Florida Housing Coalition conference on affordable housing and NIMBYism; the Director told him his comments were very favorably received.  He has been asked by the Attorney General’s Office to do a presentation on baseball and ethics to a large number of local officials in and around Haines City in a couple of weeks.  He was also asked again by the Florida Department of Management and Services to present at their annual Police Officer and Firefighter Pension Trustee conference.  He noted for the record that these are done on his own time and he obviously does not charge for those and he does not solicit those either.


District 4

Commissioner Lockhart commended Ms. Guillet and Mr. Applegate along with all of County staff for their efforts during Hurricane Dorian.  She talked about how smoothly everything works at the EOC under the direction of Alan Harris.  She further thanked Ashley Moore for the great information provided on Instagram.

Commissioner Lockhart talked about Patriot Day commemorating September 11 and a planned visit to the Environmental Services Department, Yankee Lake, and other locations.  She reported Seminole County Public Schools will be doing a groundbreaking on September 12 for the Pine Crest School of Innovation.  The school was built in the 50s and this is the first time since it was constructed that major renovations are going on.  Commissioner Lockhart stated they will be visiting True Health, which they have a great partnership with.  Also, Constitution Week is from September 17 through 23 and the Daughters of the American Revolution celebrate this across the country.  It is an opportunity to commemorate the founding fathers and the importance of that document.  She has the honor to address a group of women on Friday to talk about the Constitution and how it impacts them.

District 2

Commissioner Zembower added to Commissioner Lockhart’s comments about Hurricane Dorian mentioning the two kayakers that were rescued.  Their Firefighters, FWC and the Sheriff’s Office had a lot man and women power searching for these individuals who decided to venture out in the middle of the storm.  He was impressed with the use of the CAD system to find them.

District 1

Commissioner Dallari expressed his agreement with Commissioner Lockhart’s comments in connection with Hurricane Dorian and the Patriot Day commemoration. 

Commissioner Dallari said he wants to ensure everyone is getting briefed on the noise ordinance and several expressed they were not.  He also wants to make sure the Board is getting updates on what is going on with SunRail in Volusia County.  In regard to Metroplan Orlando, they pay an organization called Best Foot Forward which is about pedestrian safety and education.  They will have an event on October 2 and is asking the Board to attend.

In connection with the two kayakers, Commissioner Dallari said there are all kinds of issues about what they were doing out there.  He heard there are individuals trying to harvest saw palmetto berries on natural lands of Seminole County.  He wants staff to look at that to make sure it is prohibited.  Chairman Carey stated she thought it was prohibited and there was just some legislation with the State about state lands as well.  Ms. Guillet noted that staff does patrol the natural lands.  Commissioner Dallari said he wants to make sure with whatever ordinances they have that they are following the state rules and there are no loopholes from a legal side and the county staff side.  Chairman Carey noted that someone can bring confirmation back about what they are doing at the next meeting.  Mr. Applegate responded he would handle it and bring the statutes for them. 

Mr. Applegate remarked he will be briefing each of the Commissioners individually on the SunRail working group but he wanted to meet with Ms. Guillet prior to that.  Commissioner Dallari said he thinks that Mr. Applegate and Ms. Guillet should brief each Commissioner together. 

District 3

Commissioner Constantine echoed the commendations of staff during Hurricane Dorian.  Thought and prayers are with everyone in the Bahamas and hopefully donations too.

Commissioner Constantine reported his Charity Challenge awards banquet was on August 30th and they gave out $203,000 to 63 different charities, which brings the total to $6.641 million after 34 years.  He announced that next year will be the last Charity Challenge event and they are hoping to reach the $7 million mark.

Commissioner Constantine attended the Kickoff for Kids which was held at the Rock ‘n Brews in Oviedo.  It was their seventh annual fundraiser for kids in public schools to have the proper nourishment needed to focus on achievement, both athletic and academic.  On September 7, the annual Tunnels to Towers Foundation run (5K) was held at Cranes Roost Park.  The foundation was founded by Steven Sillers to ensure the honor and sacrifices of their first responders are not forgotten.  He talked about the team from the Sheriff’s Department that participated.

Commissioner Constantine reported on a human-bear incident in the Springs last night involving a mother bear with a couple of cubs.  Furthermore, the Wekiva River Basin Commission meeting will be held on September 12 at the Wekiva Springs State Park.  And as Commissioner Lockhart spoke about Constitution Week in schools, Commissioner Constantine said he and Commissioner Dallari will be speaking at Oviedo High School.


Commissioner Lockhart noted she forgot to report that on Thursday night, they will be having the Winwood Community meeting at New Bethel Church. 

District 5

     Chairman Carey stated Alan Harris, Office of Emergency Management, mentioned this morning about the level of the St. Johns River.  He reached out to one of his contacts at FWC regarding putting up signs that say “When Flooded – No Wake.”  She noted she also reached out to the head of FWC and heard back from Kate Gorman today.  They will work on trying to make sure they get appropriate signs up because this is a recurring event every time there is a storm event or the ground is saturated, the river is going to rise and the three big impacted communities are Lake Harney residents, people that live along the Sanford shoreline, and west of the Port of Sanford.

     Chairman Carey shared the latest passenger counts from the Orlando Sanford International Airport.  The new terminal expansion project is 55% complete and on schedule. 

     Chairman Carey thanked staff, all the volunteers, their partners at the School Board and other locations and jurisdictions that served during Hurricane Dorian.


Chairman Carey stated Commissioner Zembower, with the alternate being Commissioner Dallari, will be added to the Rescue Outreach Mission board appointments until such time that they don’t need to be represented by an elected official.  They do need four other board members and asked the Commissioners to start thinking about that.  They also have the Natural Lands appointments that need to be done; each Commissioner is supposed to provide two names.



     No submissions were received.


There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:15 p.m., this same date.