BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
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.
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)
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.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Viewstub was
canceled due to Hurricane Dorian and will be rescheduled.
AWARDS AND PRESENTATIONS
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.
CONSENT AGENDA
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)
Facilities
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; ProdSpace.com, 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..
REGULAR
AGENDA
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.
COUNTY
MANAGER AND STAFF BRIEFINGS
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.
PROOFS OF PUBLICATION
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.
PUBLIC HEARINGS
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.
Districts
1, 2, 3, 4, and 5 voted AYE.
LEGISLATIVE UPDATE
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.
COUNTY MANAGER’S REPORT
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’S REPORT
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 REPORTS
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’S REPORT
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.
COMMUNICATIONS AND/OR
REPORTS
RECEIVED FROM THE CHAIRMAN’S OFFICE
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.
ATTEST:______________________Clerk_____________________Chairman
tp/cc