BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

January 26, 2021

            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, January 26, 2021, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

 

            Present:

Chairman Lee Constantine (District 3)

Vice Chairman Amy Lockhart (District 4)

Commissioner Robert Dallari (District 1)

Commissioner Jay Zembower (District 2)

Commissioner Andria Herr (District 5)

            County Manager Nicole Guillet

Deputy County Attorney Desmond Morrell

Clerk of Court and Comptroller Grant Maloy

 

Attending remotely:

            Deputy Clerks Kyla Farrell, Terri Porter, and Chariti Colon

           

OPENING CEREMONIES

 

            Charlie Higgins, Jr, Westview Baptist Church, Sanford, gave the invocation.  Jacque Davis, Daughters of the American Revolution, led the Pledge of Allegiance.

 

EMERGENCY MANAGEMENT UPDATE

 

            Alan Harris, Office of Emergency Management, addressed the Board to report on the emergency management response to the COVID-19 pandemic.  Mr. Harris discussed the COVID-19 vaccine and how and where citizens will be able to receive the vaccine.  He also noted Publix will start offering COVID-19 vaccines very soon.

 

 

COVID RELIEF UPDATE

 

            County Manager Nicole Guillet gave the COVID Relief Update.  Commissioner Lockhart noted Seminole State College has been tapped as the only institution in the state of Florida to partner with the feds on a program called SkillUP, and suggested a pilot program.  Ms. Guillet advised she will have the Community Assistance folks start working on that.

 

AWARDS AND PRESENTATIONS

 

Agenda Item #1 – 2021-2481

 

            Motion by Commissioner Herr, seconded by Commissioner Dallari, to adopt a Proclamation recognizing First Sergeant Phillip Cornell, United States Army, Retired, as Seminole County's January Veteran of the Month.

 

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

 

Agenda Item #2 – 2021-2496

 

            Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2021-R-1 recognizing Will Furiosi as the Seminole County Public Schools 2021 Teacher of the Year.

 

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

 

Agenda Item #3 – 2021-2493

 

            Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt a Proclamation recognizing Myrtle "Mitch" Lassiter for her service to the community at 100 years young.

 

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

 

Agenda Item #4 – 2021-2497

 

            Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2021-R-2 recognizing Erin Maciejewski, upon her retirement, honoring her contributions to Seminole County Government.

 

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

 

 

 

 

CONSENT AGENDA

 

            County Manager Nicole Guillet announced for Item #32, Best Foot Forward Grant Agreement, they added an associated Budget Amendment Request (BAR) to the agreement so in addition to approving the agreement, the Board will also be approving the BAR.

 

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

 

Commissioner Zembower requested Item #42, CC-32823-20/RTB – Lake Howell Lane Bridge Replacement, be pulled for a separate discussion.

 

Commissioner Herr requested Item #7, 2021 Florida Blue Amendments, be pulled for a separate discussion.

 

Commissioner Dallari requested Items #5, Naming Seminole County Assets Policy; #8, Administrative Code – 24.15 Personnel Policies and Procedures; and #43, RFP-604016-20/TLR – Employee Insurance Benefits Consultant Services, be pulled for a separate discussion.

 

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve the following:

 

County Manager’s Office

Business Office

5.        Pulled for a separate discussion.

6.        Approve and authorize the Chairman to execute appropriate Resolution #2021-R-4 amending the Administrative Code, Section 1.5, Operating Policies and Procedures of the Seminole County Board of County Commissioners - Appendix A.  (2021-2505)

Human Resources

7.        Pulled for a separate discussion.

8.        Pulled for a separate discussion.

 

Community Services

Business Office

9.        Approve and authorize the Chairman to execute the updated Memorandum of Agreement between the Florida Department of Veterans’ Affairs and Seminole County on behalf of the County Veteran Service Officer to be an authorized user of FDVA’s VetraSpec Technology.  (2021-2461)

10.       Approve and authorize the Chairman to execute the Florida Department of Health Teen Outreach Program (TOP) Agreement Fiscal Year 2020-2021 in the amount of $81,000 to provide trained facilitators to deliver a youth-focused education program.  (2021-2470)

11.       Approve the appointment of Janelle Dunn, CEO, True Health, as Health Care Purchaser on the Board of Directors of the Local Health Council of East Central Florida, Inc. for her first two-year term beginning February 1, 2021.  (2021-2519)

12.       Approve and accept the Neighborhood Stabilization Program (NSP) Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the months of November and December 2020.  (2021-2482)

Community Assistance

13.       Approve and authorize the Chairman to execute the Rescue Outreach Mission of Central Florida, Inc. and Seminole County Homelessness Response Assistance ESG-CV Subrecipient Funding Agreement Program Year 2020-2021 in the amount of $47,725 for Emergency Shelter Operations and COVID-19 Mitigation.  (2021-2486)

14.       Approve and authorize the Chairman to execute the Homeless Services Network of Central Florida, Inc. and Seminole County Funding Agreement in the amount of $47,725 for COVID-19 Homelessness Response Assistance.  (2021-2487)

 

Development Services

Planning and Development

15.       Approve the plat for the Eastgrove subdivision containing 102 lots on 27.52 acres zoned PD (Planned Development), located on the east side of Sipes Avenue, north of Hughey Street; Elite Trust and Escrow Co, LLC, Applicant.  (2020-2278)

16.       Authorize the Chairman to execute a Satisfaction of Lien in the amount of $878.36 associated with the property located at 100 Spring Cove, Altamonte Springs, FL 32714, filed against Margaret Cannon.  (2021-2469)

17.       Authorize release of Maintenance Bond #SUR0048095 for road, streets, and storm drains in the amount of $58,073.31 for Orange Creek; M/I Homes, LLC, Applicant.  (2021-2458)

18.       Authorize release of Maintenance Bond (Letter of Credit) #18-05 for streets, curbs, and storm drains in the amount of $3,105.00 for Greenville Commons; Casselberry Greenville, LLC, Applicant.  (2021-2455)

19.       Authorize release of Maintenance Bond #SUR0028190 for a private road in the amount of $614,890.00 for Hawk’s Crest Phase 1; Meritage Homes, Applicant.  (2021-2456)

20.       Authorize release of Maintenance Bond #SUR0028191 for a private road in the amount of $59,023.33 for Hawk’s Crest Phase 1; Meritage Homes, Applicant.  (2021-2457)

21.       Approve the plat for the Savta Reserve subdivision containing six (6) lots on 9.74 acres zoned A-1 (Agriculture), located on the south side of West S.R. 46, approximately ½ mile east of Longwood Markham Road; Laurence Poliner, Applicant.  (2021-2462)

22.       Authorize release of Performance Bond #LICX1184528 for roads, streets, and drainage in the amount of $147,437.54 for Chapman Pines; Pulte Home Company, LLC, Applicant.  (2021-2463)

23.       Authorize release of Performance Bond #SU1153491 for roads and sewer systems in the amount of $417,856.45 for Meadows at Hawk’s Crest (Phase 2); Taylor Morrison of Florida, Inc., Applicant.  (2021-2464)

24.       Authorize release of Performance Bond #SU1147485 for asphalt, landscape, and irrigation in the amount of $117,002.56 for Steeple Chase Replat 2B; Taylor Morrison of Florida, Inc., Applicant.  (2021-2466)

25.       Approve the plat for the Terra Bona subdivision containing five (5) lots on 11.76 acres zoned A-1 (Agriculture), located on the west side of Orange Boulevard, south of Wilson Road, Richard E. and Charlotte P. Gauss, Applicants.  (2021-2475)

 

Environmental Services

Business Office

26.       Authorize release of Maintenance Bond #SUR0028192 for water and sewer facilities with Increase Penalty Rider in the amount of $160,743.84 for Hawks Crest Ph 1a; Meritage Homes of Florida, Inc., Applicant; and Maintenance Bond #CMS0330167 for water and sewer facilities with Surety Rider in the amount of $65,334.01 for Parkdale Place; Park Square Enterprises, LLC, Applicant.  (2021-2460)

 

Leisure Services

Business Office

27.       Approve and authorize the Chairman to execute the Seminole County Arts and Culture Grant Agreement Fiscal Year 2020-2021 between Seminole County and Steinway Society of Central Florida, Inc., in the amount of $15,000.  (2021-2499)

28.       Approve and authorize the Chairman to execute the Seminole County Arts and Culture Grant Agreement Fiscal Year 2020-2021 between Seminole County and Sanford Porchfest Corporation in the amount of $5,000.  (2021-2500)

29.       Approve and authorize the Chairman to execute the Seminole County Arts and Culture Grant Agreement Fiscal Year 2020-2021 between Seminole County and Chance 2 Dance Inc., in the amount of $15,000.  (2021-2501)

30.       Approve and authorize the Chairman to execute the Seminole County Arts and Culture Grant Agreement Fiscal Year 2020-2021 between Seminole County and ACA of Central Florida Inc., in the amount of $7,400.  (2021-2502)

 

Public Works

Engineering

31.       Adopt appropriate Resolution #2021-R-6 and authorize the Chairman to execute a Local Agency Program (LAP) Supplemental Agreement Number One with the State of Florida Department of Transportation in the amount of $2,100,942.00 for the Design of State Road (SR) 434 Roundabouts from West of Jetta Point to South of Artesia Street.  FDOT - FPN 446491-1-38-01.  (2021-2453)

32.       Approve and authorize the Chairman to execute Grant Agreement with Bike/Walk, Central Florida, Inc. to provide for the Best Foot Forward program in Seminole County; and appropriate Resolution #2021-R-7 implementing Budget Amendment Request (BAR) #21-023 in the amount of $60,000 from Transportation Trust Fund reserves.  (2021-2491)

33.       Approve and authorize the Chairman to adopt appropriate Resolution #2021-R-8 and execute the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Sovereignty Submerged Lands Easement Number 42478 in conjunction with the replacement of the Lake Howell Lane Bridge over Howell Creek.  (2020-2375)

 

Resource Management

Budget

34.       Approve submittal of a grant application to the U.S. Department of Homeland Security Federal Emergency Management Agency (FEMA) Assistance to Firefighter Grant (AFG) requesting up to $900,000 for equipping fire stations with Diesel Exhaust Reduction Systems; and authorize the County Manager to execute any documents associated with the grant application.  (2021-2483)

35.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-9 implementing Budget Amendment Request (BAR) #20-092 in the net amount of $40,772 for the interfund transfer between housing assistance grants and transfer $125,580 from Workers Compensation Fund Reserves for the Fiscal Year 2019-2020 year-end adjustment.  (2021-2472)

36.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-10 implementing Budget Amendment Request (BAR) #21-024 through the 2014 Infrastructure Sales Tax Fund in the amount of $567,485 from reserves to establish funding for the Oxford Road Sidewalk and Drainage Project (CIP# 02107094).  (2021-2473)

37.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-11 implementing Budget Amendment Request (BAR) #21-025 through the 2014 Infrastructure Sales Tax Fund in the amount of $233,103 from reserves for additional funding and scope change for the Hibiscus Baffle Boxes Project (CIP# 01785431).  (2021-2471)

38.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-12 implementing Budget Amendment Request (BAR) #21-026 through the 2014 Infrastructure Sales Tax Fund in the amount of $115,000 from reserves to establish funding for the Pine Lake Diversion Box Project (CIP# 02107093).  (2021-2474)

39.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-13 implementing Budget Amendment Request (BAR) #21-027 through Environmental Services funds totaling $356,500 to establish funding for additional capital needs.  (2021-2492)

40.       Approve and authorize the Chairman to execute the DLIS Florida CARES Act Grant Agreement with the State of Florida, Department of State, Division of Library and Information Services, for socially distant library programs utilizing iPads in the amount of $6,600; and execute appropriate Resolution #2021-R-14 implementing Budget Amendment Request (BAR) #21-028 through the Leisure Services Grant Fund in the amount of $6,600 to establish funding.  (2021-2484)

41.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-15 implementing Budget Amendment Request (BAR) #21-029 through the 2014 Infrastructure Sales Tax Fund in the amount of $216,628 from reserves for additional funding for the Lake Emma-Longwood Hills Road Pond Expansion Project.  (2021-2489)

Purchasing and Contracts

42.       Pulled for a separate discussion.

43.       Pulled for a separate discussion.

44.       Waive the Procurement Process and authorize Proprietary Source Procurement SS-604029-20/CAR for the purchase of an environmental coating applicator used to apply Posi-Shell coating and HS-50T Silo used for storage/dispensing of bulk powder material in conjunction with the PSA-2000 applicator, which meets regulatory requirements as an alternative intermediate landfill covering from LSC Environmental Products LLC, Apalachin, NY; and authorize the Purchasing and Contracts Division to issue a Purchase Order in the amount of $200,415.00.  (2021-2445)

45.       Award CC-3283-20/RTB - Lake Howell Lane Bridge Replacement to Jr. Davis Construction Company, Inc., of Kissimmee in the amount of $2,257,000.00; and authorize the Purchasing and Contracts Division to execute the agreement.  (2021-2452)

46.       Award RFP-603882-20/LNF - Term Contract for Mosquito Control Aerial Adulticiding Services, to Vector Disease Control International, LLC, Little Rock, AR; and authorize the Purchasing and Contracts Division to execute the agreement.  (2021-2451)

47.       Award BID-604011-20/BJC - Delinquent Tax Advertising Services to Orlando Sentinel, Orlando, in the amount of $42,410.23; and authorize the Purchasing and Contracts Division to issue the Purchase Order.  (2021-2467)

 

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

 

Consent Agenda Item #5 – 2021-2506

 

Commissioner Dallari stated he likes the way this is presented but he’d like to add one thing, that the person has to be deceased for a minimum of one year before naming any County asset after that individual.  Ms. Guillet explained the Commissioner is referencing Section E, after paragraph 7, where there is a statement that says generally an asset will not be named after an individual until after his/her death.  Naming an asset after a living person will require a unanimous vote of approval by the BCC, accompanied with a finding that the individual was instrumental in the development and/or acquisition of the asset and that the individual has an impeccable record both personally and professionally.  Commissioner Dallari replied, if they are going to name an asset after someone’s death, he thinks it needs to be at least 12 months after death.  He understands it can be done unanimously prior to someone’s death.  Discussion ensued.  Commissioner Herr advised she would support a 12-month wait.

 

Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve and authorize the Chairman to execute appropriate Resolution #2021-R-3 deleting Section 28.20, Policy for Naming/Renaming Seminole County Parks, Open Spaces, Park Related Facilities, Historical Sites, Trails, Trailheads, and Natural Lands, from the Administrative Code, and adding Section 3.60, Policy for Naming Seminole County Assets, which will incorporate the previous policy and include new guidelines for naming all County assets; and add language to include a 12-month wait after an individual’s death before naming a County asset after that individual, which can be waived by a unanimous vote.  (2021-2506)

 

Under discussion, Chairman Constantine clarified the requirement of a 12-month wait after an individual’s death may be waived by a unanimous vote.

 

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

 

Consent Agenda Item #7 – 2021-2498

 

Commissioner Herr announced she has a conflict of interest with this item (Form 8B Memorandum of Voting Conflict received and filed).  

 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve and authorize the County Manager to execute the Seventh Amendment to Administrative Services Agreement (ASA) between Blue Cross and Blue Shield of Florida, Inc. D/B/A Florida Blue and Seminole County.  (2021-2498)

 

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

 

District 5 abstained from voting due to a conflict of interest.

 

Consent Agenda Item #8 – 2021-2490

 

Commissioner Dallari stated JD Edwards has a module of time and entry, and he has asked for a response from staff as to why they can’t use JD Edwards instead of buying a new software package.  Also, in looking at the Admin Code, he noticed that the County Attorney’s Office doesn’t have to follow the Admin Code.  Desmond Morrell, Deputy County Attorney, explained the County Attorney’s Office has its own sets of polices and procedures.  Commissioner Dallari stated he doesn’t remember approving those, and he would like them submitted to the Board for his review.  Mr. Morrell responded that wouldn’t be a problem and he will make sure he gets back to the Commissioner in regard to that item.  Commissioner Lockhart asked if the Board approves the County Manager’s polices and procedures.  Ms. Guillet answered the Board doesn’t approve the County Manager’s polices and procedures, but the County Manager employees are governed by the Admin Code that is Board approved.  The County Attorney’s Office is not governed by the Admin Code. 

 

Commissioner Dallari reiterated he doesn’t know why they are buying a new software when JD Edwards should handle it.  James Garoutsos, Chief of Information Services, addressed the Board and explained JD Edwards has a module for time and attendance but with regards to the requirements that the County has for mobile work, for allowing field folks to enter their time remotely, for the exceptions that they have with the number of requirements, they would have to customize JD Edwards and make the software unique to Seminole County versus buying a third-party tool.  The committee, which was in partnership with the Clerk of the Court, Chief Financial Officer, and himself, reviewed the requirements, and the recommendation and procurement was to acquire a third-party tool which is common for many installations of JD Edwards.

 

Commissioner Dallari asked the Clerk why they would want to buy another program that they still have to enter into JD Edwards.  Grant Maloy, Clerk of Court and Comptroller, stated his understanding is that the County’s payroll is a lot more complex than the Clerk’s payroll; so on the Clerk’s side, they were not going to use additional add-on software, but on the County’s side, the requirements were as described by staff.

 

Commissioner Dallari stated unless this item is time sensitive, he would like it to be continued so he can better understand it.  Commissioner Herr explained it is not uncommon to use an add-on software for time and attendance if the time and attendance program that is available is a module.  It would be an additional cost through JD Edwards if they were to use it, and if that has to be customized but tying into an external software package doesn’t have to be customized, typically that ends up being less expensive and less labor intensive.  It shouldn’t require manual input as long as it’s electronically connected to JD Edwards.  Mr. Garoutsos responded Commissioner Herr is correct.

 

Lorie Bailey Brown, Resource Management Director, addressed the Board to advise that in 2019, staff brought forward an action to move forward with TimeClock Plus.  They began action on that, but it really stalled in 2020; it is picking back up now.  The amendment to the policies is to put in place actions that began back in 2019 with this electronic process to remove the paper manual process of timekeeping that they have now. 

 

Ms. Guillet stated the actual software program was already approved by the Board in 2019. 

 

Motion by Commissioner Lockhart, seconded by Commissioner Herr, to approve and authorize the Chairman to execute appropriate Resolution 2021-R-5 amending Section 24.15, Subsections 303.0, 309.0, 404.0, 505.0, and 604.0, of the Administrative Code.  (These changes will align with current business processes and allow efficiencies within the new Time and Attendance system.)  (2021-2490)

 

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

 

District 1 voted NAY.

 

 

Consent Agenda Item #42 – 2021-2520   

 

Commissioner Zembower stated it looks like the top five companies are within three points of each other in scoring.  He thinks this is such an important matter, he would like support to bring those five forward for a presentation to the Board as a learning experience and understand what those technologies are, which helps the Board be better informed in understanding what they’re really dealing with, then they’d be able to decide who may be the best fit for what they want to do. 

 

Commissioner Zembower would also like support for an edit to the contract that should be considered under “Implementation, Program Support.”  He would like consideration to add an item or condition that would be the consultant would not be eligible to be the contractor under the master contract for services or any other such work orders.  Basically, the consultant themselves would not be a contractor in implementing and performing those suggested technologies, nor would any of their subsidiaries be eligible to do that.  Ms. Guillet stated the first line on the scope of services talks about a technology agnostic consultant, so that was the intent.  She spoke with the County Attorney’s Office and staff said that is implicit in the contract, but certainly they can add language making it explicit.  Chairman Constantine asked if anyone had a concern with adding that to the contract, and there were no objections.  Chairman Constantine advised that amendment will be part of the motion.  Commissioner Dallari confirmed with Ms. Guillet that the Legal department said it was in the Board’s right to do that.

 

Discussion ensued regarding Commissioner Zembower’s request for presentations.  Commissioner Dallari stated he would like to hear the presentations.  Commissioner Lockhart is concerned that they didn’t start with that in mind, and she would look to Procurement and to the County Attorney’s Office on changing this up at this point.  Ms. Guillet noted they have already prepared presentations because they did presentations to staff.  David Shields, Senior Assistant County Attorney, addressed the Board and stated rather than make an immediate call on this topic, he would like to have more time to make sure they do the right thing.  His recommendation would be to allow him some time to look into this more deeply.  The concern is well taken. 

 

Chairman Constantine confirmed that Commissioner Zembower is requesting the top five ranked companies provide the Board with a presentation.  Commissioner Zembower stated his understanding is that the Board has the ultimate decision-making power.  They can deny the request and not move forward, they can approve it, or they can ask for additional information; they have that latitude.  Mr. Shields replied, yes, the Board has a lot of latitude; but on the other hand, the normal procedure is that they have staff do the evaluations to make a recommendation, and that is how the procedures are geared.  If they deviate from that too much, they might find themselves with a problem; and that is what he wants to avoid.  Discussion ensued.

 

Commissioner Herr advised her thought is that if this is not time-sensitive, they don’t try to bring it back this afternoon and rush it through.  Her question is if they can present, how deep do they go; is it top three, is it top five, is it greater than that.  In regard to this item being time sensitive, Ms. Guillet suggested staff provide the Board with an answer at the work session on February 9.  Discussion ensued regarding the urgency of this item and whether or not it can be continued until the next meeting.

 

Chairman Constantine stated as Commissioner Herr said, where do they end.  He thinks maybe the top three would be good, five may be too many.  Again, that is all subject to Mr. Shields indicating that it is proper and they are all right in the process.  He suggested they get that answer at their February work session; and if it is okay, they will set the three presentations for the February BCC meeting.  Commissioner Zembower asked that staff reach out to those applicants.  He would still prefer to see the top five that were ranked.  The Commissioner reiterated that this is a huge decision for the county for many, many decades to come.    Chairman Constantine asked the Board what their opinion is in regard to how many companies they would like to have present.  Commissioner Herr stated she would defer to Legal for the right idea of how many they should entertain.  Commissioner Dallari advised he would like to hear from all five.  Commissioner Lockhart stated she would like to wait to hear the answer from Legal, but she would ask that staff make a recommendation as to how many they hear from. 

 

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to postpone for a recommendation from staff at the February 9 work session the request to approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and authorize the Purchasing and Contracts Division to execute one (1) Agreement for RFQ-3320-20/DRR - Seminole County Energy Efficiency and Sustainability Plan Development and Implementation Services. (Estimated usage for the Sustainability Plan portion is $200,000.00).  (2021-2520)

 

Under discussion, Commissioner Zembower stated he wants to make sure everyone understands they are dealing with an RFQ and not an RFP.  He added he has no problem supporting Legal looking into the request and getting back to the Board on February 9. 

 

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

 

Consent Agenda Item #43 – 2021-2495

 

Commissioner Dallari pointed out the difference between the top two rankings is 0.13 points of 1 – 100; and for the fee proposal, there is a difference between 1.2.  He hasn’t seen anything presented yet that states why they should be going with the first-ranked consultant as opposed to the second-ranked consultant.  Ms. Guillet replied staff isn’t advocating “One” over “Two” except to the extent that “One” was the highest scored.  Commissioner Dallari stated he needs to know why he would go with “One” over “Two” if it’s less than one point.  Christina Brandolini, Human Resources Director, addressed the Board and explained staff sent the individual scores and comments to the Commissioners on Friday.  Commissioner Dallari replied he saw them. 

 

Commissioner Herr stated it would be important to this organization to have the service team be local; and “One” is, but “Two” is not.  She can say that the skillset of the two is probably equal in some respects; however, the team that has been assigned the top rank is top of the line.  She thinks that they will be in a difficult budget situation as they go forward and she believes they need local service for their team to be supported and some of the best talent in the marketplace in order to bring good ideas forward.

 

Markly Jean-Charles, Purchasing and Contracts Manager, addressed the Board and stated staff would be glad to provide any documentation that is requested.

 

Commissioner Dallari stated, as he understands, the Board cannot take local preference into account because that is not in their procurement process, so he looked at Fee for Proposal and “Two” is better ranked with the fee proposal.  If he can’t use geographic location, he is looking for a reason why they wouldn’t choose “Two.”  Mr. Jean-Charles confirmed geographical location was not used as far as criteria. 

 

Commissioner Zembower asked if “Two” has a local presence, like a local representative, or if any assistance the County requires has to come from out of town; in other words, they couldn’t respond quick enough because they’re geographically challenged as compared to the other entity who has an office and bodies in close proximity.   Commissioner Herr responded local preference in terms of an RFP is different than what she is referring to as the ability to service the County the way it has been accustomed of getting serviced.  If they had a team that is not stretched as thin, and has long-term planning, and can plan meetings well in advance, then somebody coming in from South Florida is not an issue; but that is just not the practical application of how it works.  With regard to the cost, the cost evaluation is that “One” included additional services in their full cost that “Two” did not include.  Upon inquiry of Commissioner Zembower, Commissioner Herr stated in general, this organization runs lean on staff; and when you run lean on staff, you lean more on consultants who would be running over more regularly.

 

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to award RFP-604016-20/TLR - Term Contract for Employee Insurance Benefits Consultant Services to McGriff Insurance Services, Inc., Maitland, at the fixed annual amount of $82,000.00; and authorize the Purchasing and Contracts Division to execute the agreement.  (2021-2495)

 

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

 

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

 

Clerk & Comptroller’s Office - Item #48

 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve Expenditure Approval Lists dated November 17 and 24; December 1, 8, 22, 29, 2020; and January 5, 2021; and Payroll Approval Lists dated November 12 and 25; December 10 and 23, 2020; and January 7, 2021.  (2021-2494)

 

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

 

Clerk & Comptroller’s “Received and Filed” Documents

 

1.            Executive Orders #2020-055, #2020-056, #2020-057, #2020-058, #2020-059, #2020-060, #2020-061, and #2021-001 Extending the Declared Local State of Emergency for COVID-19.           

2.            FPSC Orders #PSC-2020-0452-TRF-GU, #PSC-2020-0457-FOF-EI, and #PSC-2020-0470-PCO-EI issued November 23, 2020; #PSC-2020-0488-TRF-EI issued December 11, 2020; #PSC-2020-0508-TRF-EI issued December 18, 2020; #PSC-2020-0512-TRF-EI issued December 21, 2020; #PSC-2020-0513-CO-GU issued December 28, 2020; and #PSC-2021-0022-CO-EI issued January 6, 2021.

3.            Certificates of No Recall dated December 15, 2020, for Penn Sanford, LLC, and SOKC, LLC.

4.            Letters from Chairman Constantine to various committees dated December 11, 2020, regarding Board Liaison Appointments for 2021.

5.            Letters from District 1 Commissioner dated December 10, 2020, regarding Committee/Board Appointments for 2021.

6.            Review Report #113020, Review of First Vehicle Services Contract (RFP-602896-17/BJC); Division of Inspector General.

7.            Special Review Report #102820, Contractors Insurance Compliance; Division of Inspector General.

8.            Seminole County 2020 Census Response Team Final Action Plan.

9.            Amendment to Interlocal Agreement with City of Altamonte Springs Relating to Administration of the City’s Share of Funds Under the Cent for Seminole Local Sales Surtax for the City’s Transportation Improvement Projects.

10.              First and Second Amendments to Consulting and Management Agreement with Ernst & Young, LLP.

11.              Memorandum of Understanding with Central Florida Regional Hospital, Inc. d/b/a Central Florida Regional Hospital for Use of Ultra-Cold Freezer.

12.              Paramedicine Vaccination Agreement (COVID-19) with State of Florida, Department of Health, Seminole County Health Department.

13.              Pet Rescue Agreement with Malinois & Dutch Shepherd Rescue, Inc.

14.              Sixth Amendment to Administrative Services Agreement with Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue.

15.              Special Counsel Services Agreement for Probate Litigation Services with G. Charles Wohlust, P.L.C.

16.              Addendum #1 to Developer’s Commitment Agreement #20-20500009 for Legacy Pointe PD; CCRC Development Corporation.

17.              Addendum #1 to Development Order #20-20500009 for Legacy Pointe PD; University of Central Florida Real Estate Foundation, LLC.

18.              Approval Development Orders #20-31000001, 9641 McNorton Road, Melissa & Raul Corona; #20-30000077, 938 Willow Run Lane, Jessica Clark; #20-30000078, 1816 Poinciana Road, Michael & Ashley Costello; #20-30000079, Sunrise Village Unit 3 (Tract B), Sunrise Owners Group; #20-30000080, 455 Brightview Drive, Larry Hoffman; #20-30000081, 1510 Hobson Street, Gregory Rike; #20-30000082, 207 Doverwood Road, Edward & Sonya Heffernan; #20-30000084, 1806 Pasture Loop, Jason & Jennifer Rosado; #20-30000085, 1425 Balmy Beach Drive, Patricia Manoucheri; #20-30000087, 2327 Castlewood Road, Eric Chancellor; #20-30000089, 411 Blue Birch Court, Sal-Uddin Akkad Bakhsh; #20-30000090 2640 Quarry Stone Court, Sean & Elexis Ritz; #20-30000091, 350 S. Pressview Avenue, Greg & Lindsay Higgs; #20-32000007, Lotus Healing Centers Special Exception, Michael Radka; #20-30000112, Bella Verde Terrace (a/k/a Integra Crossings Lot 1) Administrative Variance, PRM Crossings/Lake Mary Owner, LLC; and #20-06000019, Davita Dialysis Apopka SP, Heath Kennedy.

19.              Quit Claim Deed for Additional Right-of-Way Associated with Turn Lane at Riverside Oaks Subdivision, 3400 Celery Avenue, Larry A. Dale.

20.              Cash Maintenance Bond for Pavement and Drainage Improvements in the amount of $1,672 and Maintenance and Escrow Agreement for the project known as Infotainment Center.

21.              Maintenance Bond #0792507 (Streets, Curbs, Storm Drains) in the amount of $140,099.64 for the project known as Chapman Pines.

22.              Right-Of-Way Utilization Permit Maintenance Bond in the amount of $3,271.90 for the project known as Circle K Longwood.

23.              Customer Agreement for Reclaimed Water Rates for the project known as Choices Women’s Clinic.; Choices Women’s Clinic, Inc.

24.              Amendment to Conditional Utility Agreement for Water, Wastewater, and Reclaimed Water Services for the project known as Red Ember Estates; DLC Red Ember, LLC.

25.              Conditional Utility Agreement for Water, Wastewater, and Reclaimed Water Services for the project known as Aloma Car Wash; Bailes Holdings, LLP.

26.              Conditional Utility Agreement for Water, Wastewater, and Reclaimed Water Services for the project known as Priest Housing; The Diocese of Orlando.

27.              Conditional Utility Agreement for Water, Wastewater, and Reclaimed Water Services for the project known as Via Foresta; Frendz Circle I, LLC.

28.              Conditional Utility Agreement for Water, Wastewater, and Reclaimed Water Services for the project known as Da Vita Dialysis; Genesis KC Development, LLC.

29.              Assistant Tennis Pro Agreement with Gregory S. James and Caothang Nguyen.

30.              Natural Lands Contract for Services with Sophia Pengra, Jeanine Arrington-Fisher, Ashley Richow, and Daneen Botsko.

31.              Parks Contracts for Services with Teresa Thomson, Michael Branan, Jordan Lesage, Lisa Liberman, Deborah Coreil, Marie Luise Tims, Debra Savino, Tweet Coleman, and Randy Lee.

32.              Tourist Tax Funding Agreement with 3 Step Sports, LLC, for the 2020 Southern Retreat.

33.              Tourist Tax Funding Agreement with Athletx, LLC, for the 2020 Softball Youth All American Games and the 2020 Baseball Youth All American Games.

34.              Tourist Tax Funding Agreement with Elite Clubs National League, Inc., for the 2021 Boys ECNL Florida National Event and the 2021 Girls ECNL Florida National Event.

35.              Tourist Tax Funding Agreement with Goldstar Elite, Inc., for the 2020 Goldstar Fall Showcase.

36.              Tourist Tax Funding Agreement with Suncoast Athletics Group, Incorporated for the 2020 Boombah Toys 4 Tots and the 2020 Bash 4 Cash.

37.              Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC, for the 2020 Central Florida State Championships.

38.              Change Order #1 to Work Order #6 to CC-1391-17 with CFE Corp.

39.              Change Order #3 to Work Order #4 and Closeout to Work Order #4 to CC-1391-17 with P&S Paving, Inc.

40.              Closeout to Work Order #9 and Closeout to Work Order #10 to CC-1391-17 with Ryan Fitzgerald Construction, Inc.

41.              Work Order #42 to PS-1832-18 with CDM Smith, Inc.

42.              Change Order #3 to CC-2154-18 with Leisure Construction, Inc.

43.              Change Order #6 to CC-2352-19 with COMANCO Construction Corporation.

44.              Change Order #3 to Work Order #19, Change Order #4 to Work Order #19, and Change Order #2 to CC-2418-19 with Zabatt Power Systems, Inc.

45.              Change Order #11 and Change Order #12 to CC-2466-19 with Morrissette Electric, Inc.

46.              DB-2551-19 with Wharton-Smith, Inc. (Ranking List approved by the BCC on October 27, 2020.)

47.              Closeout to CC-2739-19 with U.S. Veteran Contractors, LLC.

48.              Change Order #3 to CC-2772-19 with APM Construction Corp.

49.              PS-3047-20 with AECOM Technical Services, Inc. (Ranking List approved by the BCC on August 25, 2020.)

50.              Change Order #1 to CC-3186-20 with Yovaish Construction Services, Inc.

51.              Third Amendment to RFP-602324-15 with Major Display, Inc.

52.              Third Amendment to IFB-602336-15 with Stryker Sales Corporation, through its Medical Division.

53.              First Amendment to IFB-602634-16 with Court Surfaces of Florida, LLC.

54.              Assignment of IFB-602958-17 with Batteries by Fisher, Inc., Assignor, and Continental Battery Company, Assignee.

55.              Assignment of IFB-603328-18 with Batteries by Fisher, Inc., Assignor, and Continental Battery Company, Assignee.

56.              First Amendment to IFB-603700-19 with Cypress Supply, Inc.

57.              Second Amendment to IFB-603800-20 with North America Fire Equipment Co., Inc.

58.              IFB-603932-20 with Core & Main, LP.

59.              IFB-603967-20 with Ashberry Acquisition Company d/b/a Ashberry Water Conditioning.

60.              Bids as follows:

PS-3078-20 from Archaea Holdings, LLC; Carlson Environmental Consultants, PC (Geosyntec); Consulting Engineers, Inc. d/b/a SCS Engineers; Integrated Environmental Technology, LLC; S2L, Incorporated;

CC-3398-20 from Construct Co., Inc.; Custom Built Marine Construction, Inc.; Q-ICE Builders, LLC; S.E. Cline Construction, Inc.; TSI Disaster Recovery, LLC; Underwater Engineering Services, Inc.;

CC-3426-20 from Carter Electric, Inc.; Chinchor Electric, Inc.; CTR III Enterprise, Inc. d/b/a Control Engineering Group; Sinns and Thomas Electrical Contractors, Inc.;

RFP-603892-20 from Aumtech, Inc.; Connex Services (US) Inc.; Message Technologies, Inc.; Noble Systems Corporation; Omilia Natural Language Solutions, Ltd.; Selectron Technologies, Inc.; WTI Holdings, LLC d/b/a Waterfield Technologies; and

RFQ-604031-20 from Waste Pro of Florida, Inc.

 

REGULAR AGENDA

 

Agenda Item #49 – 2021-2468

Wekiva Island Paint Out and Spring Fling Special Event Permit/

Mary Sue Weinaug, Applicant

 

Mary Robinson, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum.  She advised Mary Sue Weinaug, Applicant, is present. 

 

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to approve the Wekiva Island Paint Out and Spring Fling 2021 Special Event Permit for Sunday, February 21, 2021, through Monday, March 22, 2021, subject to staff’s recommendations included in the attached Special Event Permit.

 

It was determined the applicant did not wish to speak.  With regard to public participation, no one in the audience spoke and public input was closed. 

 

Under discussion, Chairman Constantine noted he has heard numerous positive comments regarding the speed cushions that were installed on Miami Springs Drive.  Commissioner Dallari requested Ms. Weinaug speak in regard to the money the Paint Out raises for charities.  Ms. Weinaug indicated last year, by auctioning items, they were able to donate to two charities and split the difference of $30,000.

 

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

 

 

 

 

COUNTY MANAGER AND STAFF BRIEFINGS

No briefing.

 

COUNTY ATTORNEY BRIEFING

No briefing.

 

COUNTY INVESTMENT ADVISOR REPORT

Greg Warner, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed).

 

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to adopt the recommendations of the Board’s Financial Advisor based on the report submitted, and direct the Clerk to implement said Board-adopted recommendations.

 

Under discussion, Chairman Constantine advised Clerk Maloy made a very good recommendation during yesterday’s phone call.  He confirmed with Clerk Maloy that he is satisfied with the adjustment.

 

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

 

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            Chairman Constantine recessed the meeting at 11:49 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

 

-------

 

            Amy Pennock, Vice President of Finance, Shepherd’s Hope, addressed the Board and stated that Shepherd’s Hope provides free care to the uninsured in Seminole and Orange Counties.  They received some CARES funding this past year from Seminole.  She wanted to explicitly tell the Board how wonderful county staff has been through this process.  They had a wonderful experience going through this compared to another county in which they are still working through some issues.  From the beginning of the pandemic, they worked with Alan Harris, Emergency Management Director, to get necessary PP&E to their staff that was unavailable and they were able to get funds which allowed them to keep ten employees.  She commended them for the ease of the process and for being such a community support to the non-profits.

 

PROOFS OF PUBLICATION

 

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

 

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

 

PUBLIC HEARINGS

 

Agenda Item #50 - 2021-2485

Seminole County Code Amendment/Affordable Housing Advisory Committee (AHAC)

 

            Allison Thall, Community Services Director, addressed the Board to present the request as outlined in the agenda memorandum.  She explained the purpose of this item is to amend the ordinance because the Affordable Housing Committee has been amended by Florida Statute and one of the requirements is that they now appoint an elected official to their Affordable Housing Advisory Committee.  In addition, there are reporting requirements that have been amended and they are now reporting on an annual basis versus a tri-annual basis. 

 

            Ms. Thall explained that the approval of two resolutions is also tied to this ordinance.  One resolution is amending the Seminole County Code and the second is to appoint Commissioner Zembower to serve as the County’s elected official on the committee.

 

Commissioner Dallari submitted his ex parte communications for this item.

 

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

 

            Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt Ordinance #2021-1 amending Seminole County Code, Chapter 40, Part 12, to comply with the guidelines of the affordable housing initiatives set forth under Section 420.9076(2), Florida Statutes, referencing Omnibus House Bill 1399; as described in the proof of publication.

 

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

 

NON-PUBLIC HEARING ITEMS

 

Agenda Item #51 – 2021-2509

Resolution re: Seminole County Code Amendment/Affordable Housing Advisory Committee

 

            Ms. Thall mentioned this item during her presentation on Item #50.

 

            Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve appropriate Resolution #2021-R-16 amending Seminole County Administrative Code, Section 4.4, Affordable Housing Advisory Committee, to be consistent with Florida Statute 420.9076(2).

 

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

 

 

Agenda Item #52 – 2021-2510

Resolution re: Elected Official Appointment/Affordable Housing Advisory Committee

 

            Ms. Thall mentioned this item during her presentation on Item #50.

 

Chairman Constantine noted in regard to the appointment of an elected official to AHAC, that they can also appoint an alternate, and he suggested they appoint Commissioner Herr.

 

            Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve appropriate Resolution #2021-R-17 appointing Commissioner Jay Zembower to a term of four (4) years ending in September 2024, and Commissioner Andria Herr as alternate, to the Affordable Housing Advisory Committee, as part of Florida’s broader State Housing Strategy Act.

 

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

 

PUBLIC HEARINGS (Continued)

 

Agenda Item #53 – 2021-2508

Little Lake Howell/Tuskawilla Lake Management MSBU Ordinance

 

Michael Eason, MSBU Project Coordinator II, addressed the Board to present the request as outlined in the agenda memorandum.

 

Commissioner Zembower thanked staff for working with the City of Winter Springs on this matter.  This is another example of the County reaching across municipality lines and working with their cities once again.

 

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

 

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to (1) adopt Ordinance #2021-2 creating the Little Lake Howell/Tuskawilla Lake Management Municipal Services Benefit Unit (MSBU); (2) adopt the preliminary capital assessment roll for Phase I MSBU services, (3) and the initial variable rate assessment roll or Phase II MSBU services; and (4) approve the Interlocal Agreement with the City of Winter Springs; as described in the proof of publication.

 

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

 

Agenda Item #54 – 2021-2507

East Crystal Chain Lake Management MSBU Ordinance

 

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

 

With regard to public participation, the following spoke in support:  Debra Boone, 307 Lake Boulevard; Nancy DeFerrari, 2666 Adele Place; Seth Alderson, 108 Estates Circle; Bobby Lundquist, 123 Crystal View South; William Cannavino, 100 Crystal View South; and Bob Burke, 212 S. Crystal Drive. 

 

Ray Meeks, 2704 Teak Place, spoke in opposition.  Mr. Meeks stated when he first received the letter about the MSBU, it indicated it was for homeowners that had lakefront property or those that have right-of-use access to the lakefront property.  He lives in The Cove in Lake Mary, and there are probably only a dozen homes that have lakefront property out of maybe 150 homes.  Secondly, most of these properties indicated like Bel-Air, Deforest, and Pine Lakes are all private or gated communities.  He opined the non-lakefront residents are being asked to subsidize people who live on the lakefront.  He does not believe this is right.  He does not want to pay for something that he doesn’t have use or access to. 

 

Commissioner Lockhart asked Mr. Eason if The Cove HOA owns HOA-owned property on the lake.  Mr. Eason responded in the affirmative saying that there are HOA-owned properties that are designated as waterfront and there is the existence of a conservation easement that includes those properties within the assessment boundary.  Commissioner Lockhart referred to Assessment Phases I & II of the agenda memorandum (page 855) and stated the HOA is passing on part of its responsibility to each of those parcels that live in their HOA because the HOA gets their money from the residents that live there.  Mr. Eason confirmed that is true.  Commissioner Lockhart noted then that the extra assessment to an individual homeowner in The Cove is $20 per year.  She added the residents who do not have waterfront access are not being assessed at the same rate. 

 

Commissioner Dallari requested that staff display an aerial photo of the East Crystal Chain of Lakes (received and filed).  Gloria Eby, Lake Management Program and Mosquito Control Program Manager, addressed the Board per Commissioner Lockhart’s request.  She pointed out the HOA pond that Mr. Meeks was identifying.  There are several tracts and conservation easements throughout the neighborhood, and there is a very large tract that goes into the lake.  So, because this lot was lakefront, that lot has an assessment charged to it through the MSBU.  The assessment for that particular parcel is called Common Element Land, which means the assessment for that parcel goes into each homeowner within the HOA.  So how someone off-lake is being assessed is because of the very large lakefront property owned by The Cove that will be receiving services through the MSBU.  Chairman Constantine confirmed that that is in the amount of $20 annually.

 

Upon inquiry by Commissioner Zembower, Kathy Moore, MSBU Program Manager, explained that the practice the MSBU program is following is a procedure they have followed on an ongoing basis when there is Common Element Land on waterfront and that is by the statutes.  With Common Element Land, a homeowners’ association cannot be assessed or taxed in the way the taxes and assessments are handled, they are allocated out to the associated members.  And that is how it is in the statutes.  For this particularly property, it is actually three different parcels that are owned by the homeowners’ association that make up the waterfront as well as the retention pond area and also out into the lake bottom.  They went through a title search and also got a legal opinion and there are documents in that title search that substantiated the association has responsibility for maintaining their area of the lake.  That is what opened the door in addition to the statutes; it opened the door for them to continue to follow their standard procedures of collecting what would otherwise be assessed to a homeowners’ association.  It is allocated out to the owners and that is by statute.

 

Upon further inquiry by Commissioner Zembower, Ms. Moore explained the cost allocated to them, their fair share, is allocated to the individual property owners that are part of that association that are part owners of that property, and that is the amount that is being referred to.  It is a one-time assessment per property for The Cove of $165 and that is for Phase I.  If they choose to pay it in installments, that is $20 a year, and for the ongoing services, it is $13 per year.  So, for the first 10 years, the off-lake Cove properties, if they pay in installments, they will be paying $33 a year.  The lakefront properties will be paying over $430 per year, so it is a pro-rated amount to do it in a fair and reasonable method that allows everyone to pay a cost share in comparison to where their property is located and the extended benefits that they have available to them.

 

With regard to public participation, no one else spoke in support or opposition, and public input was closed.  Public Comment Forms were received and filed.

 

Commissioner Dallari noted that Mr. Lundquist talked about the dredging of that lake years ago and that it was altered.  He wondered if staff had any information on that.  Ms. Eby advised they did conduct a nutrient and hydrologic study on the East Crystal Chain of Lakes, and during that period, they did experience a drawdown of the lake.  It is a very porous and sandy-soiled lake.  When the groundwater recedes, that lake will recede.  Some lakes have a higher recharge area than others, and this being a sandier soiled area, will draw down much more.  Commissioner Dallari said he was wondering if that needed to be included in the overall stormwater master plan.  Ms. Eby answered she is not aware of groundwater modeling for the area being on the stormwater master plan for that specific area.

 

Commissioner Lockhart stated this is obviously an MSBU, but it is a representation of a larger issue that they have in their community.  And the passion that these people have is all over this county with people who care about water quality around their region.  Through Public Works Lake Management, the two MSBUs today were both allocated $17,500 for assistance, and that $35,000 was the total budget.  As board members, when they adopt and approve their budget each year, that dollar figure is kind of buried in the budget as a subline item, so they do not realize as a board that they have allocated a whopping $35,000 to the entire county for lake management for lakes that may come forward for MSBUs.  She thinks so many of the people who supported the extension of the penny sales tax did so because of water quality projects.  And to have the type of commitment that these folks have had and so many others have had to agree to tax themselves really would be important for them as a board to take that into consideration during budget time and how much they want to allocate toward water quality projects moving forward.  She added that Seminole is a big county and $35,000 is not a lot of money.

 

Commissioner Zembower commented that he is not familiar with this lake or any other lake being on the one-cent sales tax roster that was given to the public when they voted for it.  He does not necessarily disagree; they want to fund as much water quality improvements that they want to, but it is probably something staff should look at.  Ms. Guillet advised they can only use those funds for infrastructure projects and a lot of this is operational, but they can certainly look at that.

 

Commissioner Dallari said Commissioner Zembower brought up a valid point.  In the one-cent sales tax there is an Appendix A, which most of them are aware of.  In Appendix A there are allocations for stormwater and water quality restoration, and he knows staff is very informed about it because that is where a lot of the funding for some of these special projects comes from.  He explained that was the reason he was asking if there were any plans to look at the cause of the lake fall that Mr. Lundquist talked about, because if that truly is a problem, then they need to be addressing it.

 

Commissioner Lockhart opined she thinks the lakes rising and falling is something they live with because of what Ms. Eby shared earlier, because of the hydrologic makeup of the lakes and the soils.  The County has made an acknowledgement of some sort that the fact that they are using so many of these older lake chains as stormwater retention ponds.  It is impacting the water quality, and there is no doubt that over time, if they continue to use these lakes as stormwater retention ponds, they will continue to degrade.  Which is why this morning as part of their consent agenda, there was a diversion box that will be at the end of Pine Lake that will help to divert so much of the stormwater that has been going into these lakes for so many years.  She is not lobbying for more money for this chain of lakes; she is trying to elevate the conversation to a bigger, broader picture that when they start talking to the County Manager about budget priorities, that if they really want to make an impact in these older lakes and the quality of their water, then they need to do something with their stormwater and have a plan other than dumping it into their lakes.  It won’t necessarily have anything to do with the raising or lowering of the water level, but it certainly will improve the quality.

 

Commissioner Dallari stated that is why he feels it is important that they have an overall stormwater master plan that Ms. Eby talked about.  And as it was said in the public record, if there was damage done to these lakes years ago, they need to identify it so they can correct it.  Then they should be addressing that.  He referred to what is happening with the Little Wekiva River and said someone needs to fix it, and he knows it is not the residents because that is impossible.  It is either the State, the Feds or local government.  It is the same thing with the chain of lakes, if there is a problem there, then they should be addressing it.  And if they are talking about who is putting stormwater into it, that is when they need to do a nutrient study because that is where you find out where the water is coming from and where it is going out.   Chairman Constantine remarked a comprehensive plan on stormwater is music to his ears. 

 

Chairman Constantine stated if they are going to do an overall Comprehensive Plan, they have got to do something about stormwater.  It is one of the three most important things that pollute their rivers, lakes and streams.  He explained this was an assessment that came to the Board, so they are not really taxing these people.  They have asked for this assessment to protect their lakes.

 

Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to (1) adopt Ordinance #2021-3 creating the East Crystal Chain Lake Management MSBU; (2) adopt the preliminary capital assessment roll for Phase I MSBU services, (3) and the initial variable rate assessment roll or Phase II MSBU services; and (4) approve the Interlocal Agreement with the City of Lake Mary; as described in the proof of publication.

 

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

 

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Discussion ensued as to when Commissioners should submit their ex parte communications.  Commissioner Dallari stated he was told to submit his at the beginning of each item.  Paul Chipok, Deputy County Attorney, addressed the Board to advise that it is preferable that they submit it for each individual hearing since it makes a cleaner record.  Also, it needs to be submitted before the item is presented so that anyone who wants to look at the ex parte communication, they could do so before a vote is rendered. 

 

Commissioner Lockhart asked for clarification.  She heard others saying they were giving ex parte communications on the previous items and those were not quasi-judicial.  She did not print any for any of those items for that reason.  Mr. Chipok clarified that the ex parte communication is only necessary for the quasi-judicial matters.  On a legislative matter, there is no ex parte per se; they are entitled to speak with their constituents on legislative concerns. 

 

Ex parte communications were submitted into the record by all district commissioners.  It is noted that Commissioner Dallari’s submissions were made at the beginning of each item.

 

QUASI-JUDICIAL PUBLIC HEARINGS

 

Agenda Item #55 – 2021-2444

BOA Appeal/Setback Variance

3063 E. Windchime Circle/Jon and Dawn Erickson, Applicant

 

            Angi Kealhofer, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. She advised that staff recommends that the Board uphold the Board of Adjustment’s decision to deny the request.

 

            Commissioner Lockhart asked if it was correct that the fence that is existing on the neighbor’s property received a variance, and Ms. Kealhofer responded that they did and that was in 1990.  She confirmed that they received it from the Board of Adjustment. 

 

            Jon Erickson, Applicant, addressed the Board and stated they have lived at this address for about 20 years.  He displayed photos (included in the agenda memorandum) of his property and explained the first picture was before they had trees removed.  They were told it would create a tunneling effect going down the road, however, the Engineering Department did not have a problem with it.  He talked about the picture after the trees were removed stating he does not know how that would create a tunneling effect if they put up a fence.  He added if you drive up and down these roads, there are fences all over the entire community.  He is trying to understand why he cannot also put up a fence.  Chairman Constantine confirmed that Mr. Erickson is wanting to replace the fence. 

 

            Commissioner Zembower asked about the trees that were removed and Mr. Erickson responded that he had 26 trees in that area and 10 were like a scrub-type oak and they were leaning over his house.  Many of the limbs were on his house and he had an arborist out there that deemed 10 of them needed to be removed.  They were rotting down at the bottom.  For the ones that he could have kept, there would have been one small limb hanging the other way and basically the tree was then not a tree.  Mr. Erickson noted they had nine letters of support (included in the agenda memorandum).

 

            Luis Morales, 1022 Branchwood Drive, addressed the Board to speak in support.  He noted the white fence in the picture is of his house.  He is 150% behind them changing the fence.  The fence is in the exact same place and their fence has been there probably from when the house was built.  He and his wife are very connected with the Bear Lake community, and he has not heard even one person in opposition to the fence.  He opined it will only bring up the value of the property and will beautify it.  Also, he noted when the BOA made their decision, they said there were no letters of support.  He had emailed them and sent them pictures, and they acknowledged they were received, but during their meeting, no one, he assumes, looked at them.  They also stated this fence does not conform with the community, but 90% of their fences are white fences and are in the same place that this fence is located.  He noted that Seminole County finally got this Board right, but he respectfully requested that their appointees on these committees have the same vision that this Board has and the same dedication to the citizens.  He opined they should not have to be there today, and the homeowner should not have had to pay so much money for the appeal to come before this Board, because if they would have heard this same request many months ago, this would have been done and approved. 

 

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

 

            Commissioner Herr expressed that a picture is worth a thousand words and a drive by is worth a million.  The way this was reported by the neighbors was completely accurate.  The fence will be an improvement to the community and it does seem to be consistent with those that are around it.  It was confusing to her that the Applicant ended up having to appeal as well.  She will be voting in favor.

 

            Commissioner Zembower said he concurs and knows this area well.  The fence, as stated, is common and conducive to what already exists in that area.  He will be supporting the District Commissioner’s decision, but he also asks that they waive the cost for this appeal.  They have lost time and his neighbors have had to come here today.

 

            Commissioner Dallari agreed with Commissioners Herr and Zembower, and encouraged all of them to support reimbursing the Applicant for the fees. 

 

            Chairman Constantine, as the district commissioner, concurred with his fellow Commissioners and would like to waive the appeal fee and approve their request.

 

            Motion by Commissioner Zembower, seconded by Commissioner Dallari, to overturn the Board of Adjustment decision to deny, thereby approve the request for a side street (north) setback variance from 25 feet to 4 feet for a privacy fence in the R-1 (Single Family Dwelling) district; and refund the Applicant the fees and cost associated with the appeal; Development Order; Jon and Dawn Erickson, Applicant; as described in the proof of publication.

 

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

 

            Chairman Constantine recessed the meeting at 2:55 p.m.; reconvening at 3:10 p.m.

 

Agenda Item #56 – 2021-2026

County Natural Lands SSFLU Map Amendment and Rezone

 

Danalee Petyk, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  She advised the Natural Lands areas included in the Rezone request are as follows:  Black Bear Wilderness Area, Black Hammock Wilderness Area, Chuluota Wilderness Area, Econ River Wilderness Area, Geneva Wilderness Area, Lake Harney Wilderness Area, Lake Jesup Wilderness Area, Lake Proctor Wilderness Area, Lee Tract, Overlook Park, Spring Hammock Preserve, Sullivan Tract & Unnamed Parcel, and Wilson’s Landing. 

 

The Planning and Zoning Commission recommended approval.  Additionally, staff has received 244 letters of support to the request, an example of which was distributed earlier today (received and filed).  Therefore, staff also recommends approval.

 

Jim Duby, Program Manager, Greenways and Natural Lands Program, addressed the Board to give a history of the program.  He advised they manage a little over 6,600 acres.  Their mission is environmental preservation to these properties will always be there to provide their ecological services like flood storage, aquifer recharge, and passive recreation.  He noted the properties from the year before COVID to this year, have increased over 50,000 in their visitor count.  He concluded this is really just an administrative, housecleaning correction for that zoning.

 

With regard to public participation, the following spoke in support:  David Stewart, 390 1st Street, Geneva; Cindy Haller, 1731 Beacon Drive; and David Bear, 921 Tuskawilla Trail.  Public Comment Forms were received and filed. 

 

Chairman Constantine advised that Mr. Stewart noted on his form that the bridges of the walking trails on Osprey Trail need repaired and he is willing to assist in that effort.  Commissioner Zembower asked if Mr. Stewart would be willing to put together a group of people in that regard and he agreed. 

 

Ms. Haller requested that there be no walled communities within two miles of the PLI site.

 

Commissioner Zembower asked Mr. Bear, who is an attorney, whether he would be willing to work with county staff on a land trust or conservatory for these lands.  Mr. Bear agreed and informed him that there was a presentation that he was a part of giving, which included another attorney and one land surveyor, where they proposed three different options for putting easements or alternative things over these lands to do what this change does, but more. 

 

Nancy Harmon, 752 Pioneer Way, spoke telephonically in support.  She asked that the Commissioners take into consideration the comment Commissioner Zembower made about budgeting more money toward the upgrade and maintenance of the parks and amenities.  She also concurred with Ms. Haller’s comment because these areas are supposed to be open corridors for wildlife.

 

Commissioner Zembower asked if there is a mechanism in place that they could put either permanent easements or put into perpetuity a land trust or conservatory-type standpoint.  He said he imagines that would take a private organization to partner with the County or maybe it doesn’t.  Mr. Chipok replied there are various avenues and it is something staff could definitely explore and bring back to the Board.

 

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

 

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to adopt Ordinance #2021-4 enacting Small Scale Future Land Use Map Amendments from Low Density Residential (LDR) and Rural-5 (R5) to Preservation/Managed Lands (PML) on three parcels totaling approximately eight (8) acres, located in the Lake Harney Wilderness Area and Overlook Park as part of the overall County-owned and maintained Natural Lands areas Rezone; and adopt Ordinance #2021-5 enacting Rezones from A-1 (Agriculture), A-5 (Rural), A-10 (Rural), C-2 (Retail Commercial), PD (Planned Development), M-1 (Industrial), M-1A (Very Light Industrial), PLI (Public Lands and Institutions), and R-1 (Single Family Dwelling) to PLI (Public Lands and Institutions) for the County-owned and maintained Natural Lands areas, to remove inconsistent zoning classifications and existing development entitlements and limit the allowed uses on the properties to public parks, parkways, and reserves, on approximately 7,540 total acres; and ask staff to look at other alternatives to put this in trust into perpetuity; as described in the proof of publication.  (Z2020-28/09.20SS.04).

 

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

 

Commissioner Zembower asked Chairman Constantine if they could try to get a commitment out of staff when they believe they could report back to the Board on the second portion of his motion in perpetuity.  Commissioner Herr indicated she appreciates the idea of doing it and she appreciates asking staff for a commitment for time.  She does not think today is the day to ask staff for a commitment on time because this is a big deal.  Perpetuity is perpetuity, and they cannot go into this mindlessly and rush staff through a process that they have invited volunteers to engage in.  All of that is a good thing, but then rushing that behind it will create, she thinks, aggravation that is not necessary.  They have a work session in two weeks with a timeframe as opposed to putting them on the spot today.  Ms. Guillet stated they will look into it and give them an update at the next meeting as far as how involved it would be.

 

Commissioner Dallari noted that in one of the recent trips he took to the Black Bear Wilderness area, he heard that county staff is planning on expanding the parking lot.  Mr. Duby advised they are in the design stages to look into what is possible.  Commissioner Dallari said he has an issue with that because the more parking they put out there, the more traffic they will have on that environmentally sensitive property.  He would like to have information brought back to the Board so they understand, because if they are going to expand that parking lot, they will be taking down trees.  He guarantees every one of the Commissioners will get phone calls.  Ms. Guillet opined they are getting phone calls now because people are parking there, but just not in the lot, so they are trying to address some of the concerns that the neighbors have raised.  Commissioner Dallari reiterated it is environmentally sensitive property and he is opposed to taking down trees as they move forward.  Chairman Constantine asked that, as staff is doing their study, they take Commissioner Dallari’s comments into consideration.

 

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Deputy Clerk Terri Porter was replaced by Deputy Clerk Chariti Colón.

 

Agenda Item #57 – 2021-2450

Goldeneye SSFLU Map Amendment and PD Major Amendment and Rezone

Steven Lipofsky, Applicant

 

Joy Giles, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  She advised a memo was distributed Friday, January 22nd with a revised staff report to clarify the previously approved commitments for the PD and also a revised Development Order with the additional condition of O regarding the median.  She clarified that the Condition O is only for future development of Lot 1 and future development of Lot 2. 

 

Commissioner Dallari submitted his ex parte for this item only at this time.

 

Upon request of Chairman Constantine for clarification, Ms. Giles explained the differences between drive-through and pickup.  She noted the use of a pickup lane and pickup window is already permitted within the PD.  The request is for the additional use of a drive-through lane.   Commissioner Lockhart commented what makes the difference difficult is not the drive-through piece, but it’s the fast-casual versus fast-food, such as Panera versus McDonald's.  She confirmed with Ms. Giles the Board previously approved the same request for a drive-through window for the Panera on Lake Mary Boulevard and Sun Drive, which is fast-casual.  Commissioner Zembower inquired what the difference was of a drive-through between fast-food and fast-casual.  Commissioner Lockhart responded the demand and the volume going through a fast-food restaurant drive-through is much greater than the demand of a fast-casual restaurant drive-through.  Commissioner Zembower requested clarification from staff if they are differentiating between fast-casual and fast-food.  Ms. Giles explained a fast-food restaurant does have a much higher traffic volume coming through for drive-through as opposed to fast-casual, which is already permitted with the additional use of the drive-through.  Overall, in general, it is a higher-quality food.  The restaurant itself is a higher quality because most of the patrons are there to go inside and sit down and have a meal.  It is keeping in line with the previously approved PD that prohibited fast-food restaurants for that specific reason.

 

Casey Dendor, England-Thims & Miller, Inc., on behalf of the Applicant, addressed the Board and introduced the applicant team of Chris Warshaw, England-Thims & Miller Engineer of Record; Jeffrey Crammond, England-Thims & Miller Transportation Engineer; Steve Lipofsky, Clean Streak Ventures, LLC; and Julie Kendig, Esquire, Greenberg Traurig, LLP.  Ms. Dendor presented and reviewed a PowerPoint (received and filed).  Mr. Warshaw reviewed the Development Order Update slide.  He clarified on Condition H in regards to the hours of operation, the restrictions are only for Phase 2.  Lots 1 through 4, as shown in the Goldeneye PD Phase 1, would remain with the hours of operation of 6:00 a.m. to 2:00 a.m.  The hours of operation for Phase 2, the car wash, would be as noted on Condition H. 

 

Upon Commissioner Herr's request for someone to address Commissioner Zembower's question with regard to the difference in volume generically in the industry between drive-through at fast-casual and drive-through at fast-food, Mr. Crammond explained fast-casual has about half the traffic than fast-food.  The typical fast-food restaurant generates about 480 vehicles an hour during the afternoon peak whereas a fast-casual is about 250.  Mr. Crammond discussed the difference of the typical operating hours between the two.  He clarified the Goldeneye PD has the specific hours for fast-casual of 6:00 a.m. to 2:00 a.m. already established, and they are not requesting to change that. 

 

Commissioner Dallari noted the site area has a high-banking turn with elevation changes which are pretty drastic.  There is nothing in the PD that talks about the additional sign height that was done in the variance request in Phase 1.  If that is not addressed in Phase 2, the building and signage will not be visible from the road.  Mr. Warshaw responded they will look at that and work with staff on it if needed.

 

With regard to public participation, Mike Roberts, 1345 Palomino Way; and David Bear, 921 Tuskawilla Trail, spoke neither in support or opposition but addressed traffic flow concerns.

 

The following spoke in opposition:  Thomas Boyko, 1451 Thornhill Circle; Noreen Hodapp, 1481 Palomino Way; and Tom Cook, 1575 Francois Court.

 

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

 

Carl Sahlsten, 12302 Marblehead Drive, Tampa, original developer of Phase 1, advised he worked extensively with the local neighborhood and community to come up with the original PD as far as full-service restaurants and bank.  In 2012, he worked with them again to add the fast-casual with a pickup window.  There was a community neighborhood call on the 21st of December, and none of the comments in opposition relating to the full drive-through were voiced.  He stated he would be happy to add to the Development Order where it says no fast-food to give specific examples such as McDonald's, Burger King, Hardee's, and Wendy's, to name a few.  They are talking about higher quality and higher concepts that make food from scratch, such as Bolay, Chipolte, or Panera Bread.  Many brands will not invest the dollars going to a new site without the option of having a full drive-through.  Adding the ability to order as well as pick up in the drive-through is a minor change and will ultimately allow him to put a couple of tenants there that will bring some services to the community that aren't currently there.  Commissioner Zembower inquired if Mr. Sahlsten would be willing to cap the hours of the drive-through from midday to 8:00 p.m.  Mr. Sahlsten responded he would be willing to cap it to 11:00 p.m. 

 

Commissioner Dallari stated he does not have an issue with the car wash and will support it.  He has an issue with having a drive-through speaker in a quiet area, and the original PD had limited outdoor amplification.  Mr. Sahlsten noted Rock & Brews currently is operating and has a large outdoor patio that creates noise.  A discussion ensued regarding drive-through speakers and noise.

 

Commissioner Dallari stated there are many restaurants and/or subdivisions and/or retail stores or complexes that have a right in/right out.  He inquired of Jean Jreij, Public Works Director, if those work.  Mr. Jreij responded sometimes they work and sometimes they don't.  His recommendation would be for access management directional for that area.  However, during the plan review, they can look at it more in detail.  He believes the best situation for that area would be an actual light. 

 

Mr. Sahlsten advised he Googled the operating hours of a couple of restaurants.  He would be willing to limit it to 10:00 p.m. and then add some additional landscape buffering around where the speaker is to muffle any additional sound that might come out of that area.  A discussion ensued regarding drive-through operating hours and outdoor amplification.  Commissioner Dallari confirmed with Mr. Sahlsten he would be willing to have staff review landscaping for the drive-through for their approval during site plan review.

 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt Ordinance #2021-06 enacting a Small Scale Future Land Use Map Amendment from Low Density Residential to Planned Development on 4.5 acres; adopt Ordinance #2021-07 enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development) on 12.66 acres; and approve the associated Master Development Plan and Development Order for property located at the corner of Red Bug Lake Road and Goldeneye Point with the following changes on the Development Order:  Item H, hours of operation will be designated for Phase 2 only.  For the drive-through, the limited time would be from 10:00 a.m. to 10:00 p.m. with the commitment to work with staff with the sound attenuation on the drive-through for staff approval; Steven Lipofsky, Applicant; as described in the proof of publication.

 

Under Discussion, Commissioner Zembower offered a friendly amendment to the motion with the existing hours from 6:00 a.m.  They can open at 6:00 a.m. and go to 10:00 p.m.  Commissioner Dallari agreed to the amendment.  Chairman Constantine clarified those hours are for the drive-through. 

 

Commissioner Lockhart stated there are different concepts in the restaurant realm.  There will be fewer concepts interested in this location the more restrictions there are put on it.  She inquired of Mr. Sahlsten generally how many concepts he is checking off in his mind that are now no longer potential tenants by restricting it to 10:00 p.m.  Mr. Sahlsten responded probably 25% to one-third, because there are many fast-casual concepts that serve alcohol and go until 11:00 p.m.  Commissioner Lockhart confirmed with Mr. Sahlsten he did not ask for 10:00 p.m., and he added he really wanted 11:00 p.m. 

 

Ms. Giles confirmed with Commissioner Dallari the hours of operation for the drive-through is specifically for the drive-through facility and not for the restaurant itself.  She requested confirmation that Condition L of the Development Order could include the additional wording at time of future development of Phase 2, the Phase 2 developer would be required to provide the cross-access easement, and Clarification of Item O to add at time of future development of Phase 1 or Phase 2.  Chairman Constantine confirmed with Ms. Giles that was okay with staff. 

 

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

 

Chairman Constantine recessed the meeting at 4:58 p.m., reconvening at 5:11 p.m.

 

Agenda Item #58 – 2020-0031

Red Ember Estates PD Major Amendment and Rezone

Raymond Harrison, Applicant

 

Ms. Petyk addressed the Board to present the request as outlined in the agenda memorandum.  Commissioner Dallari confirmed with Ms. Petyk the density is staying the same, which is well below 4.0.

 

Chad Moorhead, Madden, Moorhead & Stokes, representing the Applicant, displayed site plans (received and filed).  He advised zoning came before the Board in October 2019.  After that, they went through the PSP process.  Today, they are requesting to add two additional parcels to the PD which both have a future land use of LDR.  They are adding 19 lots, with four on one parcel and the remaining lots on the other parcel.  When they were at Planning and Zoning, there were some concerns about drainage, one in particular about the outfall out of the pond.  The resident that lives right there asked that they rotate that outfall further away from his property, and that will be taken care of at construction revision, as well as the other issues with drainage.  They have already gone through the process once on the initial phases.  They have construction plan approval.  Staff looked at everything very closely to make sure they are not making any existing drainage issues worse and are hopefully making them better. 

 

Commissioner Dallari inquired if the water naturally flows from the drainage east or southeast.  Mr. Moorhead responded it depends on how much rain is coming.  Essentially, now the water comes out of a wetland and down.  During big events, it would spill over the road a little bit or go down to the east.  With their proposal, they are basically managing that stormwater and putting it in a conveyance system.  Commissioner Dallari confirmed with Mr. Moorhead they are managing it so the surrounding properties are not going to incur any additional flooding, including the property to the east of that retention pond, because they are taking the drainage to the south and not to the east. 

 

Mr. Moorhead advised there was one more issue concerning the existing Red Ember Road.  Since his client has closed on several of the properties, the road had not been maintained.  After P&Z, they did go out there and maintain the roadway and also made the sight distance better on Old Lockwood. 

 

Commissioner Dallari submitted his ex parte for this item only at this time.

 

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

 

Motion by Commissioner Dallari, seconded by Commissioner Herr, to adopt Ordinance #2021-08 enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for approximately 50.49 acres, located on the east side of Old Lockwood Road, ½ mile south of Lockwood Boulevard; Raymond Harrison, Applicant; as described in the proof of publication.

 

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

 

Agenda Item #59 – 2020-0030

Homeward Lane Rezone/Ivan Sorokoumov, Applicant

 

Ms. Petyk addressed the Board to present the request as outlined in the agenda memorandum.  It was determined that the Applicant was in attendance but did not wish to speak.

 

Commissioner Dallari submitted his ex parte for this item only at this time.

 

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

           

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt Ordinance #2021-09 enacting a Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) for 0.72 acres, located on the south side of Homeward Lane, approximately 300 feet east of West Lake Brantley Road; Ivan Sorokoumov, Applicant; as described in the proof of publication.

 

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

 

Agenda Item #60 – 2021-2459

Board of Adjustment Appeal/Orange Walk Special Exception (Wawa)

Chuck Whittall, Unicorp National Development, Applicant

Grey Wilson, Friends of the Wekiva River, Inc., Appellant

 

Chairman Constantine reviewed the procedures for the hearing.

 

Kathy Hammel, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  She advised based on the information, findings, and conclusions included and referenced in the Agenda Memorandum prepared in association with the original action taken by the Board of Adjustment at its meeting on October 26, 2020, and the testimony presented at the aforementioned meeting, staff recommends upholding the decision of the Board of Adjustment to approve a Special Exception to allow gas pumps as an accessory use within the C-1 (Retail Commercial) district.

 

Upon request of Commissioner Zembower, Ms. Hammel listed permitted uses under C-1 and advised they would still have to go through the site plan review process to confirm they are consistent with the Wekiva River Protection Area (WRPA) policy.  Chairman Constantine clarified under the condition that it has no impact greater than the resource of low-density residential.  Upon inquiry of Commissioner Dallari, Ms. Hammel explained low-density residential per the Land Development Code is four dwelling units per acre, and the impact per the Comprehensive Plan is on natural resources.  Natural resources consist of water bodies, springsheds, things of that nature.

 

Commissioner Dallari submitted his ex parte for this item only at this time.  Chairman Constantine advised he already presented his ex parte including everything that came in, in the last four hours.  Commissioners Herr and Lockhart advised they submitted everything received as of 1:30 p.m. today.

 

Alison Yurko, Esquire, on behalf of the Applicant, addressed the Board and introduced the applicant team of Jennifer Stickler, Kimley-Horn and Associates, Inc.; Eric Laggasey, Kimley-Horn and Associates, Inc.; Vincent Spahr, Kimley-Horn and Associates, Inc.; and Scott Kearney, Wawa.  She distributed and reviewed a packet of tabbed documents (received and filed).    She emphasized this is a special exception request, not a variance request.  She reviewed special exception request criteria and how they meet the requirements.

 

Josh Worth, Wawa's Environmental Department, presented and reviewed a PowerPoint presentation (received and filed) regarding Wawa's Underground Storage Tank System.  Commissioner Herr inquired how many tanks are in Florida and how old they are.  Mr. Worth responded they started in the Orlando market in 2012 and have approximately 2,000.  The Commissioner confirmed with Mr. Worth that Florida represents two-thirds of Wawa's market share in terms of the number of tanks they have. 

 

Chuck Whittal, the Applicant, addressed the Board and stated this project has staff approval and unanimous BOA approval.  They are only here today because of emotions and people think having gas tanks in the Wekiva River Protection Area will contaminate the river, but that's just not the case.  They are a closed basin and do not drain to it.  They are typical approved use, and there's no reason they shouldn't get approved.  Wawa has the best tanks.  The leak that was on the site 45 years ago used old technology.  They are draining on the site.  Everything is contained within their site.  Nothing drains off of their property, and nothing drains to the Wekiva River. 

 

Grey Wilson, Friends of the Wekiva River, Inc., addressed the Board and introduced Brent Spain, Esquire, Theriaque & Spain; and Nancy Prime, Friends of the Wekiva River, Inc., on behalf of the Appellant Friends of the Wekiva River.  Brent Spain presented and reviewed a PowerPoint (received and filed).  Mr. Wilson discussed the Wekiva Protection Act, boundaries, the Wekiva Parkway, and requested a refund of the $1,000 appeal fee.  Ms. Prime discussed the history of the Wekiva River Basin and protection act boundaries.

 

Chairman Constantine recessed the meeting at 6:43 p.m., reconvening at 6:52 p.m.

 

With regard to public participation, the following spoke in support of the appeal and addressed concerns including trend of development in the area, the WRPA and boundaries, Miller Enterprises 1990s applications and denials, RaceTrac’s 2017 application and denial, wetland and environmental issues, existing gas stations nearby, and traffic:  Emily Turner, 1797 Tangled Oaks Court; George Sellery, 5231 Shoreline Circle; Joseph Humphreys, 883 Cardinal Pointe Cove; Cindy Haller, 1731 Beacon Drive; Wafa Esposito, 5040 Hawks Hammock Way; Richard Creedon, 1172 Apache Way; David Bear, 921 Tuskawilla Trail; Blaine Darrah, 1624 Cherry Ridge Drive; Rich Roberts, 261 Nova Drive; William Wills, 495 Still Forest Terrace; Patricia Czar, 5395 Ohio Avenue; Nancy Harmon, 752 Pioneer Way; Burt Sellers, 7456 Aprelle Drive; Teri Oliver, 30332 Plymouth Creek Circle, Sorrento; Natalia Rodriguez, 362 Seminole Avenue; and Kim Buchheit, P.O. Box 2016.

 

Written Comment Form in support of the appeal was received from Tom Haller, 1731 Beacon Drive.

 

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

 

Public comment forms received and filed.

 

Ms. Stickler stated she is the civil engineer for the site and discussed the natural resources defined in the Wekiva consistency form which they have to prove they are no additional impact above one dwelling unit per acre for residential.  She advised they will be required to connect to Seminole County utilities for potable water, and they will have reclaimed water on the site and sewer.  They will not draw water for potable or irrigation.  There was discussion brought up in regards to a closed basin and how it relates to recharge.  She explained they have two geotechnical engineers:  One that submitted a report in 2007, and the geotechnical engineer for this site.  Both have determined this is not considered an effective recharge area.  Ms. Stickler distributed both reports to the Board (received and filed). 

 

John Miklos, Bio-Tech Consulting, displayed site photographs (received and filed) and spoke on issues related to wetlands and natural habitats.  He advised there are no wetlands on the site, there is no irrigation required by the state, and this system would not be jurisdictional by the water protection rules from a federal perspective.  He discussed plants and the ecological system and stated the site is not in the springshed. 

 

Joe Stanton, Senior Environmental Manager for Wawa, stated he is a professional geologist and corrected Mr. Worth's previous answer regarding how many tanks Wawa has in Florida.  It is not 2,000.  They are closer to 750.  If you take into account the number of compartmental tanks, they are probably closer to 1,200 tanks.  Regarding spills, they have had spills but not releases, and 99% of the spills are caused by customers walking away from their car and the tank overflows.  They have never had a spill go off their property. 

 

Vincent Spahr, Traffic Engineer for Wawa, advised they have completed a traffic study.  A very high majority is pass-by traffic, meaning it's traffic that is already out there.  For a convenience market gas station, that rates 77%.  Although they show generating about 3,740 daily trips or during peak hours about 275, once you take out all the pass-by trips, that number is less than 100.  In terms of new traffic on the roads that will have impacts on the existing traffic, it is about 100 extra trips.  However, they did not take into account the diversion of traffic that would be expected with the parkway coming in.  Invariably, the impacts and the overall traffic volumes on SR 46 will be lower under those conditions.  He discussed the proposed entrances and exits and stated they will be reviewed by the County Engineer during the site plan review process.  He added the process of doing this traffic study went through several iterations reviewed by county staff and FDOT.  They have been working through all of the standard processes with the latest available data and all the procedures that are asked for by the County, the Institute of Transpiration Engineers, and the Highway Capacity Manual. 

 

Ms. Yurko reiterated her earlier comments and added this site is at the end of the Gateway Zoning Overlay Corridor on SR 46. 

 

Mr. Whittal stated they understand they are in the boundaries of the Wekiva River Protection Area, but within those boundaries is their C-1 zoning.  They currently are allowed within the area to ask for the special exception for the gas pumps.  He believes they have proven they are not doing anything that will harm the waters and technically they have proven everything they need to show to be approved for this special exception. 

 

Mr. Spain responded to Ms. Yurko's comment regarding the overlay district that runs along SR 46 and down to downtown Sanford and advised that is an entirely different SR 46 overlay.  The overlay that was mentioned in the Appellant's presentation starts at this very intersection and runs west to the Lake County line, which is specifically referred to as the entrance gateway on SR 46 into the Wekiva River Protection Area.  This is not the tail end of the gateway, it's the entryway.  Mr. Spain addressed monitoring wells on the site.  In 2012, they hit water approximately 10 feet below the surface.  He expressed there is a very real impact to groundwater resources.  He clarified that the gas stations on the east side of Orange Boulevard are not within the Wekiva River Protection Area.  In regards to the development trend inside the WRPA west of Orange Boulevard, there are no gas stations west of Orange Boulevard.  He stated a special exception is not a matter of right.  The Applicant has to demonstrate that they meet all of the five criteria.  The Appellant simply has to demonstrate that the Applicant failed to meet one of the five, and they submit the Applicant has not satisfied any of the five criteria for a special exception. 

 

Commissioner Lockhart requested clarification regarding groundwater elevations.  In the well monitor report, it says the average depth to water in the sampled monitored wells was 9.99 feet below the top of the casing.  She inquired how deep the well casing was.  Mr. Spain responded he did not know.

 

Chairman Constantine recessed the meeting at 8:29 p.m., reconvening at 8:36 p.m.

 

Upon inquiry of Commissioner Herr, Mr. Chipok explained the property has C-1 zoning.  As part of C-1 zoning, they are entitled to ask for the special exception.  Under the special exception, there are the five criteria.  Staff in their analysis has said that the five criteria have been met.  For a special exception under case law, the burden is initially on the Applicant to show they have met the five criteria or the criteria for the special exception.  Then the burden shifts to any opponent to show that the criteria has not been met.  The Board's decision has to be based on competent substantial evidence.  The attorneys for both sides have given a lot of legal argument, and legal argument is not testimony or competent substantial evidence.  Various experts have spoken and various citizens have given some fact-based testimony.  He advised under the Wekiva standard, the equivalency of a residential unit is not the traffic, it is the impact on the natural resources. 

 

Commissioner Zembower requested clarification on what exactly the Board should be considering based on the appeal.  Mr. Chipok responded the initial burden is for the Applicant to show they have met the special exception conditions, and the staff report has supported that conclusion.  Then the burden shifts to show how it has not been met.  If the Board agrees the burden has not been met, then they should vote to uphold the appeal and deny the special exception.  If they find that the competent substantial evidence in the record weighs out in favor of supporting the special exception, then they should deny the appeal and allow the special exception.  As far as weighing the evidence, it is within the Board's discretion to weigh it and give the appropriate weight to the various testimony they have heard. 

 

Commissioner Dallari requested staff explain how the WRPA regulation that says you can't have an adverse effect on the natural resources of single-family dwelling homes is evaluated.  Rebecca Hammock, Planning and Development Director, explained if property had commercial future land use or zoning prior to December 15, 1999, they can develop under that land use and zoning.  It does, however, have to demonstrate that it has no more impact on natural resources than low-density residential, which is defined in the Comprehensive Plan as one dwelling unit per acre.  The Comprehensive Plan defines natural resources as spring beds, features, water resources, that type of thing.  The Commissioner inquired if the Applicant has done that.  Ms. Hammock stated part of the confusion is because they submitted their site plan first and went through one round of review.  As part of those comments, staff advised them they would have to have a special exception in order to have the gas pumps as an accessory use to a convenience store, because the convenience store itself is permitted under C-1.  The Applicant demonstrated through environmental analysis, which was reviewed by Public Works, Development Review Engineering, that they are not hydrologically connected to the Wekiva River.  The surface waters for the site are not draining into the river.  Staff determined there would be no impact to the Wekiva River based on that.  The question did come up about impacts to the groundwater resources, which would be like if there were a leak and it got into the groundwater if it could impact the Wekiva River.  And based on staff's understanding of the issue, it's probably not likely if there were a leak that it would get to the river.  If that were the case, then they would have to look at all gas stations and their impact to groundwater and the aquifer, including the gas stations right across the street.

 

Chairman Constantine disclosed he is not currently a member of Friends of the Wekiva, but he believes he was at one time.  He is a board member of the Wekiva Wild and Scenic as representative of the Central Florida Regional Planning Council, and it is a national organization that Ms. Prime chairs.  He is also chair of the Wekiva River Basin Commission.  In 2003, he was asked by Governor Bush to chair the Wekiva River Basin Coordinating Committee which then came up with 17 recommendations and the bill in 2004 now known as the Wekiva Parkway and Protection Bill and is about the area that they are talking about.  It is on the northeast corner of the Wekiva Parkway and Protection Area, the Wekiva River Protection Area. 

 

There was brief discussion from Commissioners Constantine, Zembower, and Dallari of why they would be supporting the appeal and denying the special exception request.

 

Motion by Commissioner Herr, seconded by Commissioner Zembower, to grant the appeal, thereby overturning the Board of Adjustment’s decision to approve a Special Exception to allow gas pumps as an accessory use within the C-1 (Retail Commercial) district; and refund the $1,000 appeal fee to Friends of Wekiva River, Inc.; Grey Wilson, Friends of Wekiva River, Inc., Appellant; Chuck Whittall, Unicorp National Development, Applicant; as described in the proof of publication.

 

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

 

COUNTY MANAGER’S REPORT

 

Ms. Guillet reminded staff started working on a shoreline protection ordinance a while back.  The State changed its rules and it left many of the county's water bodies unregulated because DEP changed its threshold.  Staff is ready to start bringing it forward again starting initially with individual briefings with each Commissioner to share the content and also talk about the communication and education plan that will go along with it.  Before starting down that path, she would like to make sure there is consensus among the Board that they are okay with staff starting to work on this again.  No objections were voiced.

           

LEGISLATIVE UPDATE

 

Tricia Johnson, Deputy County Manager, stated she met with each Commissioner regarding the 2021 legislative priorities and also sent a draft (received and filed).  In addition to receiving feedback, she also met with the government affairs contractors as well as representatives from Florida Association of Counties for their input.  With respect to appropriation requests, it's been recommended that they consider an appropriation request for both a Lake Jesup and Little Wekiva River cleanup project.  Senator Jason Brodeur, who is Chairman of the Environmental and Natural Resources Committee, is a strong advocate for both of these projects.  Last session, the monies that were earmarked for about 50% of this $15 million project were vetoed as part of the almost billion dollars in vetoes due to COVID.  Senator Brodeur is interested and is working with St. Johns on reinvigorating this project, so he has recommended the County considers both the Lake Jesup and the Little Wekiva River cleanup project. 

 

Commissioner Dallari stated it would be nice to have Public Works weigh in on the appropriation because the Turnpike Authority is looking at the PD&E of widening the 417.  When they put the 417 across Lake Jesup, they exempted themselves from water-quality issues.  This would be a good time to have DOT and the Turnpike unexempt themselves.  The Commissioner stated he would like to have staff look at that.  Ms. Johnson stated she is working closely with watershed management, and Chairman Constantine has been meeting with FDOT about a couple of these projects.  Commissioner Zembower commented this would probably be a good time to discuss getting the Seminole Expressway back.  Ms. Johnson advised Commissioner Dallari she will get with him individually to talk further.  She informed Commissioner Zembower that item is on the list of things they are going to monitor. 

 

Ms. Johnson stated the Little Wekiva River project is approximately a $1.7 million project.  They would match this out of sales tax dollars, and then they work with their partners, because it is a multijurisdictional project, to secure the final funding for it.  The Lake Jesup project is a massive undertaking and will require a multitude of partners.  She stated those are the two appropriations requests she is recommending based on the feedback received from everyone. 

 

In regards to focusing on finalizing some of the trails that have gaps between counties, Ms. Johnson stated she is working with one of the lobbyists on this.  There are opportunities to secure funding outside of appropriation requests so they are working to see if there are line items within the budget that are specific to trail completion projects so it can get moved up on the priority list and get some funding secured creatively that way.  It was recommended to her that trying to do a straightforward appropriation request for trail completion may not be as successful in this particular budget year. 

 

With respect to policy priorities, there are three primary priorities.  Broadband is a primary focus for Florida Association of Counties, so the County will partner with them on that effort; affordable housing continues to be a priority for many counties in the Sadowski Fund; and protecting Seminole County's rural boundary and protecting Home Rule.  She will be adding additional language to the monitor in support with respect to Home Rule just ensuring that is made very clear that the County does not want to see anything related to Home Rule modified or tampered with. 

 

For each of these and the appropriation requests, Ms. Johnson will put together one-page talking points for the Commissioners, the lobbyists, and the legislators so everyone has more detail on each of these projects.  Ms. Johnson inquired if there were any recommendations or modifications the Board would like her to make to these, and none were voiced.  Ms. Johnson requested the Board's approval to move forward with submitting the appropriations requests. 

 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the policy profile and procedures.

 

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

 

DISTRICT REPORTS

District 1

 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to appoint Heather Stark to replace Janice Hayes for second alternative rotation appointment for the Board of Adjustment for a four-year term beginning 2021; and reappoint Tom Boyko for Parks and Recreation for a three-year term beginning 2021.

 

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

 

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Motion by Commissioner Dallari, seconded by Commissioner Zembower, to appoint Larry Wright for the primary position on the Board of Adjustment for a four-year term beginning January 2021; appoint Tim Smith to Planning and Zoning for a four-year term; Julie Howe to SCIDA for a four-year term; and Lamar Stokes for Contractors Board for a one-year term.

 

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

 

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The Commissioner distributed and reviewed a SunRail Phase 2 North Update (received and filed).  He requested staff continues to update the Board. 

 

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Commissioner Dallari advised he received a phone call from Stephanie Ryan from Inspire.  They're going to be applying for a special appropriation.  He stated he would like Board support to send a letter of support about the special needs Inspire has.

 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to send a letter of support to Inspire.

 

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

 

District 5

 

Motion by Commissioner Herr, seconded by Commissioner Dallari, to appoint Andrew Van Gaale to the Seminole County Industrial Development Authority (SCIDA) for a four-year term.

 

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

 

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Motion by Commissioner Herr, seconded by Commissioner Zembower, to appoint Marjorie Smith to the Historical Commission for a two-year term ending January 1, 2023.

 

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

 

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Commissioner Herr reported that Rescue Outreach Mission is in the process of securing its audit, and the first round came back.  She will be able to bring more back at the next meeting with the final.  The outlook right now looks positive.  They are currently working on a bylaws revision.  She stated if any of the Commissioners who previously served on the ROM board have input, to please pass it on. 

 

Commissioner Lockhart stated when the BCC took action to seat a New Rescue Outreach Mission board, they gave the direction to that board to then fill the remaining three or four seats that were left to be filled.  She attempted to persuade the board that that was important for them to do, and it still has not been done.  Maybe the BCC needs to reiterate their intention was for the remaining seats on that board to be filled.  She inquired of Commissioner Herr if the ROM board was confused by that.  Commissioner Herr responded the redoing of the bylaws and the receipting of additional members on the board are possibly two separate issues to them.  They did not talk about new members to the board, which surprised her.  It does seem to be rather small for an organization of this scope.  They are relying heavily on county staff and sheriff's staff.  They need members of the board that can step in and eventually become self-sustaining.  She will bring that back up at the next meeting. 

 

Ms. Guillet stated staff is working on a revised funding agreement.  There is an expectation of some additional grant funding, and those are some of the issues that can be addressed in that agreement.  

 

District 4

 

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to appoint Dan Lopez to a four-year term on the Planning and Zoning Commission; send a letter of appreciation to Kim Fogle for her service on the Planning and Zoning Commission; and reappoint the following:  Denis Warren to a three-year term on the Code Enforcement Board, Steve Browne to a one-year term on the Animal Control Board, Carmen Bierman to a two-year term on the Historical Commission, Mark Brandenburg to a three-year term on Parks and Preservation Advisory Board, John Lommerse to the Agriculture Advisory Committee, and Deana Schott to the Contractor Examiner Board.

 

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

 

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Commissioner Lockhart stated she is not sure who is keeping track of the appointment spreadsheet right now, but she may have additional appointments to make because some of the rotating ones may not have gotten rotated.  Ms. Guillet advised that responsibility has been shifted to the County Manager's Office.  Chairman Constantine requested the County Manager looks at that to make sure everything is copesetic.

 

District 2

 

No report.

 

District 3

 

Chairman Constantine reported on the events and meetings he attended.

 

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The Chairman advised at the LYNX meeting on the 28th, they're going to make Mr. Harrison permanent as the director. 

 

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Motion by Chairman Constantine, seconded by Commissioner Zembower, to reappoint Bobby Von Herbulis for the Contractor Examiner Board and Rosalie Wright Cook for the Historical Commission.

 

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

 

CHAIRMAN’S REPORT

 

Chairman Constantine stated he has been contacted by individuals that have had a flag flown over the Capital in honor of Mr. Tizio and wish to present it to the BCC.  He will get with the County Manager to have that done at the next general meeting. 

 

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The Chairman advised he had two board appointments and requested a motion.

 

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to appoint Sean Barth to the Value Adjustment Board; and Krysty Carr and Jeff Hopper to the Sanford Aviation Noise Abatement Committee. 

 

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

 

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The Chairman distributed the proposed meeting and work session schedule (received and filed).

 

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Chairman Constantine advised Leonard Williams, a great local philanthropist, recently passed away.  Commissioner Dallari stated he would like to figure out a way to recognize Mr. Williams.  The Chairman responded they will get with Mr. Williams' son John Williams to see what would be appropriate. 

 

COMMUNICATIONS AND/OR REPORTS

 

            The following Communications and/or Reports were received and filed.

 

1.                  Letter dated December 9, 2020, to the BCC Chairman from James Stansbury, Chief of Bureau of Community Planning and Growth, Florida Department of Economic Opportunity, re:  Review of Comprehensive Plan Amendment #20-03ESR and Ordinance #2020-27.  cc:  Rebecca Hammock, Development Services Director; Hugh Harling, Executive Director of ECFRPC.

 

2.                  Letter dated December 4, 2020, to the BCC Chairman from James Stansbury, Chief of Bureau of Community Planning and Growth, Florida Department of Economic Opportunity, re:  Review of proposed Comprehensive Plan Amendment #20-04ESR.  cc:  Rebecca Hammock, Development Services Director; Hugh Harling, Executive Director of ECFRPC.

 

3.                  Letter dated November 6, 2020, from Jenny Spencer, Director of Comptroller’s Office, to Cynthia Lindsay, City of Sanford Finance Director, re:  Dollar value of the City’s general obligation debt outstanding on September 30, 2020.

 

4.                  Letter dated December 15, 2020, to the BCC Chairman from James Stansbury, Chief of Bureau of Community Planning and Growth, Florida Department of Economic Opportunity, re:  Comprehensive Plan Amendment #20-02SR and Ordinance #2020-30.  cc:  Rebecca Hammock, Development Services Director; Hugh Harling, Executive Director of ECFRPC.

 

5.                  Letter dated December 14, 2020, from Chad Moorhead, President of Madden Moorhead & Stokes, to “Neighbor” re:  Notification of future development at 1100 1st Street and 1105 E. Seminole Boulevard, Sanford, Parcel #30-19-39-506-0100-0040, #30-19-30-506-0100-0020 and #30-10-30-506-0100-0010.

 

6.                  Letter dated December 17, 2020, from Chris Blurton, Program Manager, Interplan LLC, to “Property Owner” re:  Notification of proposed development at 2871 E. Lake Mary Boulevard, Parcel #17-20-31-501-0000-0150 and #17-20-21-501-0000-0220 for Jesus Image Church sanctuary and parking lot.

 

7.                  Letter dated December 14, 2020, from Carol Conroy, Finance Department Director, City of Casselberry, to the BCC re:  FY2020 Reporting of One-Cent Local Government Infrastructure Surtax Sources/Uses.

 

8.                  Letter dated December 21, 2020, from Patrick Sacbibit, Engineering Branch Chief, FEMA, to the BCC Chairman, re:  Modified flood hazard information, the Flood Insurance Rate Map and Flood Insurance Study report.  cc:  William White, P.E., Seminole County Floodplain Manager; Cliff Torres, Pulte Home Co.; Chad Moorhead, P.E., Madden Moorhead & Stokes.

 

9.                  Letter dated December 28, 2020, from Douglas Woodlief, Division Director, Florida Department of Health, Division of Emergency Preparedness and Community Support, re:  Award of an Emergency Medical Services (EMS) County Grant, ID Code C9057.  cc:  Samuel Thurmond, Division Assistant Chief.

 

10.              Letter dated January 22, 2021, from Gavrielle Alday, Budget Supervisor, Property Tax Oversight, Florida Department of Revenue, to J. R. Kroll, Seminole County Tax Collector, re:  Notification that the Tax Collector has the option to become a budget officer through a resolution of the BCC under Section 145.022, Florida Statutes. cc:  Seminole County BCC.

 

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:22 p.m., this same date.

 

ATTEST:_____________________________Clerk___________________________Chairman

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