BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

February 23, 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, February 23, 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

County Attorney Bryant Applegate

Clerk of Court and Comptroller Grant Maloy

 

Attending remotely:

            Deputy Clerks Kyla Farrell and Terri Porter

           

OPENING CEREMONIES

           

Pastor Alex Barrientos, Spring Meadows 7th Day Adventist, Sanford, gave the invocation.  Brent Holladay, Chief Deputy Clerk, and Richard Maladecki 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.  Terry McCue, Environmental Services Director, addressed the Board regarding wastewater testing for COVID-19 data.  He confirmed with the City of Altamonte Springs that they can use their testing lab as early as next week.  This testing will give up to a week’s advance notice of a spike in the virus load, and let people know there will be an increased need for hospitalization.  Commissioner Lockhart indicated she would like to know how the data is guiding decision making.  County Manager Nicole Guillet responded they could get the hospitals or Medical Director Todd Husty to come in and speak to Commissioner Lockhart’s request.

 

COVID RELIEF UPDATE

           

County Manager Nicole Guillet displayed and reviewed the Emergency Rental Assistance Program (received and filed).

 

            Regarding the program, Commissioner Zembower asked if the grant assistance has federal guidelines that have to be adhered to, and Ms. Guillet answered yes.  Commissioner Zembower asked if the Board can change that as a governing body.  Ms. Guillet explained they can set up some program parameters like how they will determine the priority folks, but they have told staff who the priority folks are.  The County will have to pay back any money that is not distributed consistent with the Treasury guidance.  Commissioner Zembower asked what Ms. Guillet wants to bring to the Board for ratification, and Ms. Guillet clarified the contract with Ernst & Young will go to the Board for ratification and that contract is paid for out of the administrative portion of the legislation.

 

            Commissioner Herr referred to slide two of Ms. Guillet’s presentation and pointed out the language “in general” funds will be paid directly to landlords and utility service providers; and the comment was “if you have an uncooperative landlord.”  The Commissioner asked if they have really well-written guidelines around what “in general” means.  Ms. Guillet answered “in general” is directly from the Treasury guidance.  They do give some examples of the documentation that the County would have to provide to show that they were unable to get a landlord to cooperate.  Commissioner Herr stated she really hopes that they are standing up the 15 temps that they’ve hired to be able to help the public with regard to what that means because she thinks people will be confused.  Ms. Guillet explained the CARES Act criteria didn’t require the County to pay directly to landlords, and they were very adamant about that because they thought that was the best practice, so she doesn’t believe that is an unfamiliar challenge for staff. 

 

            Commissioner Lockhart stated she had the opportunity to visit with Community Services and see the facility for the temps.  She keeps thinking about the fact that they have pulled almost every department from their core mission.  So she is still anxious to hear about the plan to get as many people working back in their core mission as possible, even if that means hiring more temps to focus on the COVID stuff.  She is very concerned about burnout because there’s not a department that isn’t stretched very, very thin right now.  Commissioner Lockhart reminded she asked for a plan back in January, and she wants to ask for it again; she wants to know how they’re going to get as many people back to their core mission as possible, as quickly as possible.  Ms. Guillet expressed they all feel that way, and they all feel the fatigue.  They didn’t know they were going to have the money until December, so they are learning as they go; but she understands what the Commissioner is saying about a plan.

 

 

AWARDS AND PRESENTATIONS

 

Chairman Constantine advised they are working on Proclamations for future agendas for the School Superintendent, citizen Mr. Cecil Tucker, and the 100-year Anniversary of the Sanford Rotary.  Commissioner Lockhart stated her office has received a request for a National Women in Construction Month Resolution.  No objections were voiced.  Commissioner Zembower stated his office has received a request for a Veteran of the Month for Rocky Harrelson.  The Chairman advised the Commissioner to request that through the Veterans’ Services Office.

 

Agenda Item #1 – 2021-2554

           

Chairman Constantine stated the Flag Presentation Honoring Anthony “Tony” Tizzio is being pulled from the agenda as it will be presented at the City of Casselberry.

 

Agenda Item #2 – 2021-2481

           

Motion by Commissioner Herr, seconded by Commissioner Zembower, 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 #3 – 2021-2555

           

Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Specialist Technician Fourth Grade Richard A. Moffa, United States Army, as February Veteran of the Month.

 

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

 

Agenda Item #4 – 2021-2557

           

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt Resolution #2021-R-20 recognizing Richard Maladecki for 23 years of service to the Tourism Industry in Seminole County, Florida.

 

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

 

Agenda Item #5 – 2021-2559

            Amy Volpe, Seminole Soil and Water Conservation District Seat 3, Vice Chair, presented the Seminole Soil and Water Conservation District Wild Seminole photo contest winners:  1st Place, Tina Muglach-Blanton; 2nd Place, Jeffrey Gammon; 3rd Place, Michelle Ghorbanian; and Honorable Mentions, Jeffrey Gammon and Michelle Ghorbanian.

Agenda Item #6 – 2021-2488

            Matthew Taylor, Atkins Global, presented the English Estates Sidewalk Update, which was included in the agenda memorandum.  Commissioner Lockhart stated she would like to take a very conservative approach in this neighborhood.  The community has been very involved and engaged, and that is great but it also makes it a little more complicated for work to get done.  This neighborhood in particular is going to require some very in-depth maneuvering of exactly where sidewalks should and should not go. 

 

            Commissioner Dallari agreed with Commissioner Lockhart.  He added he wants to make sure they are not taking down trees just to put a sidewalk in where a sidewalk isn’t needed, and/or change the existing neighborhood to a point that it’s not the neighborhood that people live there for.  Some of the streets he walked in that area have septic systems, so he hopes staff is looking at that so there won’t be any conflicts with those systems.  He confirmed with Mr. Taylor that this project does not include Oxford Road and that it will be a separate project.

 

            Jean Jreij, Public Works Director, addressed the Board and advised staff would like some direction from the Board how they would like staff to proceed.  A brief question-and-answer period was had by the Commissioners and Mr. Jreij regarding septic tanks and trees.  Commissioner Dallari requested at the final submittal of the report, since they are recommending a couple major roads for sidewalks, if the Board could receive a one-line sketch of what the issues could potentially be, and Mr. Jreij replied yes. 

 

            Commissioner Lockhart stated as the district commissioner she would like to see the project modified going forward.  She thinks seeing it in real life is different than seeing it on a map.  She understands engineers like straight lines; but when they are going through and retrofitting and imposing sidewalks on neighbors, they really owe it to them to do it as unobtrusively as possible.  Commissioner Lockhart advised they have to be very cautious if they are going to continue to put sidewalks anywhere and everywhere because she isn’t sure that the budget to maintain them is also being increased.  Mr. Jreij indicated they do budget quite a bit for maintenance of sidewalks, especially in areas where there are a lot of trees.

 

            Commissioner Zembower stated he will defer to Commissioner Lockhart since it is her district.  He has no problem moving forward, but he is not comfortable making a decision until he gets some type of conceptual plan of what the impacts are going to be.  Discussion ensued.

 

            Commissioner Lockhart read an email (received and filed) into the record that was sent by a neighbor because she thinks it is important from the community’s perspective that the methodology is in question.  The Commissioner wants to make sure it is important that they’re all on the same page about what moving forward with the major streets might mean.  She is not convinced that the plan that they have before the Board is the best for that neighborhood.  There are some other things with traffic patterns that need to be addressed, the neighbors have asked for stop signs, and it is a multi-faceted onion of peeling back the layers of needs in this community related to traffic.  She doesn’t think that blanketing sidewalks is the fix.

            Upon Commissioner Zembower’s request, Mr. Taylor discussed traffic markers relating to traffic counts collected on Hunterfield Road.  Discussion ensued.

 

            Commissioner Dallari advised he is supportive of doing a preliminary design.  He wants them to look at light poles because on Hunterfield Road there are a series of light poles that are right up against the street and he doesn’t want to see light poles in the middle of a sidewalk.  Mr. Jreij ensured him they do not, and should not, put a street light in a sidewalk.

 

            Commissioner Lockhart stated she would like the length of Hunterfield Road reconsidered.  She doesn’t see a need for there to be sidewalks on the other streets that would be part of this plan that have six, seven, and eight homes.  The idea is to give people a safe way to get out of the neighborhood.  She would like to do the minimum required to give people the pathway that they need to get to the elementary school.  She reiterated she is not a fan of blanketing this neighborhood with sidewalks.

 

            Chairman Constantine stated they should always take the consideration of the neighborhood and what they would like as individuals, but there is also a safety concern so they have to look at both of those considerations.  He indicated they are not trying to avoid the issue; they want all of the issues looked at and for staff to report back with a recommendation. 

 

            Mr. Jreij stated he believes his direction from the Board is to reconsider Hunterfield Road and provide more concept and detail of the other two streets.  Commissioner Lockhart replied that is only her request.  Commissioner Zembower advised he would like to see the whole project, and he wants to know the impacts and a conceptual of what that may look like.  Chairman Constantine stated considering all this, he would like to see a recommendation, including what the citizens want, safety, and all the methodology.

 

CONSENT AGENDA

            Ms. Guillet announced there are two add-ons, Item #46, BAR #21-037, and Item #47, BAR #21-039; but she is going to ask the Board to consider those this afternoon with one of the public hearing items.

 

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

 

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

 

Community Services

Business Office

7.        Approve and authorize the 2020-2024 Consolidated Plan and FY 2020-2021 Annual Action Plan; approve and authorize the Chairman to execute corresponding documents and signature pages, the Standard Form 424, Standard form 424D, all certification pages, and subsequent Grant Agreements with HUD; and authorize Community Services Department staff to submit all plans, reports, and corresponding grant documents to HUD for approval.  (2021-2541)

Community Assistance

8.        Approve and authorize the Chairman to execute the Federally-Funded Subgrant Umbrella Agreement between the State of Florida Department of Economic Opportunity and Seminole County to provide a range of services and activities having a measurable and potentially major impact on poverty for low-income county residents.  (2021-2543)

Community Development

 9.       Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of January 2021.  (2021-2550)

 

Development Services

Planning and Development

10.       Authorize release of Performance Bond #1080801 for roads, streets, and drainage in the amount of $149,290.13 for Landings at Riverbend; KB Homes Orlando, LLC, Applicant.  (2021-2480)           

11.       Authorize release of Performance Bond #1157001 for sidewalks, curb, and driveway in the amount of $6,230.00, for Warley Park Apartments; Warley Park, Ltd., Applicant.  (2021-2503)

12.       Authorize release of Performance Bond #9341870 for roads, streets, and drainage, in the amount of $35,990.85 for Circle K Longwood; Circle K Stores, Inc., Applicant.  (2021-2504)

13.       Authorize release of Performance Bond #800027325 for sidewalks, paving, and traffic signal modifications, in the amount of $342,800.70 for Jefferson Lake Howell Apartments; Jefferson Lake Howell, LLC, Applicant.  (2021-2511)

14.       Authorize the Chairman to execute the Satisfaction of Lien for Code Enforcement Board Case No. 18-48-CEB at 138 Stoney Ridge Dr., Longwood, Tax Parcel # 36-20-29-505-0T00-0160, owned by Citimortgage Inc.  (2021-2514)

 

Environmental Services

Business Office

15.       Authorize release of Cash Maintenance Bond for water and sewer improvements in the amount of $5,205.00 for Brighton Estates/Sun-Tec Builders, Inc., Applicant; Cash Maintenance Bond for water and sewer improvements in the amount of $13,637.41 for International Parkway Medical Center/JPM AA Housing, LLC, Applicant; Maintenance Bond #964219750 for water and sewer facilities in the amount of $2,950.58 for Lutheran Haven Landings/Lutheran Haven, Inc., Applicant; Maintenance Bond #SUR0048103 for water and sewer facilities in the amount of $25,229.98 for Orange Creek/M/I Homes of Orlando, LLC, Applicant; and Maintenance Bond #SU1153561 for water and sewer facilities in the amount of $40,915.80 for Whitetail Run/Taylor Morrison of Florida, Inc., Applicant.  (2021-2534)

Water and Wastewater

16.       Approve and authorize the Chairman to execute the Professional Services Agreement between Seminole County and The University of Florida Board of Trustees on behalf of Program for Resource Efficient Communities for On-Going Maintenance and Support of H2OSAV Water Consumption and Conservation Programs Visualization Tool with an annual cost of $8,000.  (2021-2535)

 

Fire Department

Business Office

17.       Approve and authorize the Chairman to terminate the current Certificate of Public Convenience and Necessity (COPCN) for Falck Southeast II Corp. d/b/a American Ambulance, and execute a new COPCN and Non-Exclusive Ambulance Franchise Agreement under the new owner, RG Ambulance Service, Inc. d/b/a American Ambulance.  (2021-2586)

 

Public Works

Engineering

18.       Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $155,325.00 between Wymore Equity Associates, L.C., owner, and Seminole County for property interests necessary for the construction and maintenance of roadway and drainage improvements associated with the Wymore Road Improvement Project.     (2021-2517)

19.       Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $11,100.00 between Grace Baptist Church of Central Florida, Inc., owner, and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Longwood Hills Road.  (2021-2518)

20.       Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $1,800.00 between Rodney Roger Budd, owner, and Seminole County for property interests necessary for the construction and maintenance of roadway and drainage improvements along a portion of Hillview Drive.  (2021-2521)

21.       Approve and authorize the Chairman to adopt appropriate Resolution #2021-R-21 accepting a Drainage Easement, Sidewalk Easement, and Quit Claim Deed donated by Hattaway Holdings, LLC, and a Drainage Easement donated by Nicholson Investments, LLC, to Seminole County related to roadway and drainage improvements to, and continued maintenance of, a portion of Hillview Drive.  (2021-2531)

22.       Approve and authorize the Chairman to execute the Agreement of Purchase and Sale of Mitigation Credits with Colbert-Cameron Mitigation Bank in the amount of $98,400.00, with an initial deposit of $9,840.00 due upon execution, for the wetland mitigation for the Orange Boulevard Safety Improvements Project in order to receive permit approval by St. Johns River Water Management District.  (2021-2542)

23.       Adopt appropriate Resolution #2021-R-23 and authorize the Chairman to execute an Off-System Construction and Maintenance Agreement between the State of Florida, Department of Transportation and Seminole County relating to the construction and maintenance of the CR 419 portion of the SR 426/CR 419 Phase II Widening Project from Pine Avenue to Avenue B. FDOT Project Financial Management Number FM# 415030-6-52-01.  (2021-2544)

Facilities

24.       Approve and authorize the Chairman to execute the Ninth Amendment to Seminole County Health Department and Community Services Lease, which extends the agreement through February 29, 2024, with renewal options of three (3) successive periods of one year each. The annual increase is $252.00 for a total of $53,970.00.  (2021-2528)

Watershed Management

25.       Approve and authorize the Chairman to execute an Aerial Spraying Authorization Letter between Seminole County and Vector Disease Control International, LLC, for aerial spraying within Seminole County.  (2021-2512)

 

Resource Management

Budget

26.       Approve to increase the County Full-Time Equivalent (FTE) count by 0.5 for a grant-dependent position assigned to the 18th Circuit Court Mental Health Court funded through the new Federal Department of Justice Mental Health Court Grant.  (2021-2532)

27.       Approve submittal of a Grant Application to the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) Staffing, for Adequate Fire and Emergency Response (SAFER) Grant Program requesting up to $6,685,625 to add thirty (30) additional Firefighter Paramedics to the Fire Department; authorize the County Manager to execute all documents associated with the grant including the application and contract; and approve a Budget Amendment Request (BAR) to appropriate funding upon award.  (2021-2538)

28.       Approve submittal of a Grant Application to the Florida Department of Environmental Protection (DEP) through its Section 319(h) Nonpoint Source (NPS) Education Grant requesting up to $100,000 in grant funding for the development and implementation of a countywide education program to inform citizens on the water conservation efforts in the recycle and reuse water for non-potable purposes; authorize the County Manager to execute all documents associated with the grant, including the application and contract; and approve a Budget Amendment Request (BAR) to appropriate upon award.  (2021-2526)

29.       Approve submittal of a Grant Application to the St. Johns River Water Management District Cost Share Program requesting up to $131,000 for the Lake Crescent (Jacobs Trail) Outfall Improvements project; authorize the County Manager to execute all documents associated with the grant, including the application and contract; and approve a Budget Amendment Request (BAR) to appropriate funding upon award.  (2021-2540)

30.       Approve submittal of two (2) Grant Applications to the St. Johns River Water Management District Cost Share Grant and the State of Florida Department of Environmental Protection TMDL grant requesting a net amount of up to $1,660,000 for the Little Wekiva River Restoration Project; authorize the County Manager to execute all documents associated with the grant applications and contracts; and approve a Budget Amendment Request (BAR) to appropriate funding upon award.  (2021-2539)

31.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-24 implementing the Budget Amendment Request (BAR) #21-032 through the Fire Protection Fund, to appropriate budget of $4,954,208 from reserves and through the Fire Protection Fund-Casselberry, to appropriate budget of $1,460,805 from reserves in the total amount of $6,415,013, for the relocation and construction of Fire Station 25.  (2021-2547)

32.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-25 implementing Budget Amendment Request (BAR) #21-033 through the Natural Lands Fund in the amount of $482,386 from reserves to fund the construction of the Black Bear Wilderness Area Boardwalk (CIP#00234605).  (2021-2546)

33.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-26 implementing Budget Amendment Request (BAR) #21-035 through General Fund reserves to provide $35,000 additional funding for the Northwest Branch Library Parking Lot Project (CIP#00234802).  (2021-2553)

34.       Approve and authorize the Chairman to execute appropriate Resolution #2021-R-18 authorizing the issuance of not-to-exceed $20,000,000 in Capital Improvement Revenue Bond Series 2021; the Loan Agreement with Truist Bank; and appropriate Resolution #2021-R-19 implementing Budget Amendment Request (BAR) #21-036 through the Debt Service Funds to appropriate.  (2021-2545)

MSBU

35.       Approve and authorize the Chairman to execute the Satisfaction of Lien for the Sylvan Lake Aquatic Weed Control MSBU [Ordinance 2019-16] Phase I non-ad valorem capital assessment that has been paid in full; Gabriel & Joyce DeJesus.  (2021-2587)

Purchasing and Contracts

36.       Approve the continuation of SS-601134-11/BJC, Proprietary Source Procurement for the Seminole County Code (SCC) and the Seminole County Land Development Code (LDC) with Municipal Code Corporation (MCC), Tallahassee, FL; and authorize the Purchasing and Contracts Division to execute the documents.             (2021-2525)

37.       Award RFP-603992-20/TLR, Term Contract for Fire Department Physician Services for Physicals, to Life Extension Clinics, Inc., d/b/a Life Scan Wellness Centers, Tampa, Option 1; and Adventist Health Systems/Sunbelt, Inc., d/b/a Florida Hospital Centra Care, Maitland, Option 2; and authorize the Purchasing and Contracts Division to execute the Agreements.  (2021-2516)

38.       Award RFP-604022-20/TLR, Boombah Sports Complex Shade Structures, to PlayCore Wisconsin, IN d/b/a GameTime, Longwood in the amount of $329,456.99; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2021-2524)

           

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

 

County Attorney’s Office Consent Agenda

39.       Motion by Commissioner Dallari, seconded by Commissioner Zembower, to authorize the making of binding written offers to the owners of each of the subject parcels to be acquired for the Oxford Road Improvement Project in the amounts listed in the February 23, 2021 agenda memo; and adopt and authorize the Chairman to execute appropriate Resolution #2021-R-27 Finding a Necessity and Public Purpose for the Acquisition of Parcels, 101, 701, 102, 103, 104, 105, 705, 106, 706, 107, 707 and 807 for the Oxford Road Improvement Project.  (2021-2552)

 

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

 

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

 

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

 

Clerk & Comptroller’s Office

40.       Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve Expenditure Approval Lists dated January 12, 20, 26, and February 2, 2021; Payroll Approval List dated January 21, 2021; and BCC Official Minutes dated September 8 and 22, October 13 and 27, November 10 and 17, and December 8, 2020.  Listing of "Received and Filed" documents is for information only.  (2021-2548)

 

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

 

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

 

Clerk & Comptroller’s “Received and Filed” Documents

1.            Executive Orders #2021-002, #2021-003, #2021-004, and #2021-005 Extending the Declared Local State of Emergency for COVID-19.

 

2.            FPSC Orders #PSC-2021-0031-CO-EI issued January 12, 2021 and #PSC-2021-0039-CO-EI issued January 19, 2021.

 

 

3.            Consulting and Management Agreement with Ernst & Young LLP in connection with the application portal for the Emergency Rental Assistance program pursuant to the Consolidated Appropriations Act (CAA) passed on December 27, 2020.

 

4.            Copies of Certificate of Public Convenience and Necessity (COPCN) and Non-Exclusive Ambulance Franchise Agreement with RG Ambulance Service, Inc. d/b/a American Ambulance.

 

5.            Performance Bond #1087404 (ROW Utilization) in the amount of $232,775.49 for the project known as Cameron Heights (Riverbend) Village F, Phase 2.

 

6.            Performance Bond #1086628 (ROW Utilization) in the amount of $62,673.29 for the project known as Cameron Heights (Riverbend) Village G2.

 

7.            Maintenance Bond #2312676 (ROW Utilization) in the amount of $7,045.60 for the project known as Integra Crossings.

 

8.            Performance Bond #107310096 (Roads, Streets, Drainage) in the amount of $287,255.00 for the project known as Village on the Green.

 

9.            Performance Bond #59BSBII3123 (Roads, Streets, Drainage) in the amount of $748,928.74 for the project known as Crestwood Estates; Recording of Plats; Title Opinion Letter.

 

10.           Performance Bond #SUR0060723 (Roads, Drainage, Water, Sewer, Hardscape & Landscape) in the amount of $1,303,675.98 for the project known as Hideaway Cove at Oviedo, Phase 3; Recording of Plats.

 

11.           Recording of Plats and Title Opinion Letter for the project known as Savta Reserve.

 

12.           Warranty Deed between Kent W. Griffin and Juanita D. Griffin (Grantor), 401 E. Citrus Street, Parcel #12-21-29-5BD-6500-0210, and Seminole County for sidewalk construction and maintenance located along a portion of Pressview Avenue and Citrus Street; BCC approved associated Purchase Agreement on May 12, 2020.

 

13.           Final Development Plan, Developer’s Commitment Agreement #19-20500042; Seminole Springs Retirement Community Planned Development.

 

14.           Approval Development Orders #20-30000037, 2020 Sepler Drive, Bradley Newby; #20-30000092, 212 N. Monterey Isle, Richard and Carmen Dalrymple; #20-30000093, 4844 Cliveden Loop, Douglas and Kristen Long; #20-30000094, 943 Canary Lake Court, Iran and Annette Dalarmi; #20-30000095, 7442 E. Antietam Court, Jerry Hamm; #20-30000096, 507 Dew Drop Cove, Christopher Clough; #20-30000097, 3030 Moore Drive, Steve Berger; #20-30000099, 2203 Sandalwood Drive, Abraham Llanes; #20-30000100, 1661 Carlton Street, L.W. Ziebarth; #20-30000101, 1303 Ortega Street, Travis Collins; #20-30000102, 2000 Lake Markham Road, Michael and Vivian Forde; #20-30000103, 208 Yarmouth Road, Michael and Devon Yates; #20-30000104, 3370 Pet Country Court, Aloma Jancy Animal Hospital; #20-30000105, 400 Oakhurst Street, Craig Riebel; #20-30000106, 208 Burnsed Place, Jolanta and Wlodzimierz Witek; #20-30000107, 1592 Katie Cove, Erin Cordova and Michael Kozel; and #20-32000009, 6585 S. US Hwy 17-92 (Special Exception), Van Nguyen, Premium Liquors, Inc.

 

15.           Denial Development Order #20-30000098, 2641 Estuary Loop, Karuppuswamy Karuppaiya and Sivapriya Baskaran.

 

16.           Tourist Tax Funding Agreement with 3 Step Sports, LLC for the NFHCA Winter Escape Showcase.

 

17.           Tourist Tax Funding Agreement with Florida PGF LLC for the PGF National Qualifier.

 

18.           Tourist Tax Funding Agreement with Perfect Game USA, Inc. for the East Spring Opener.

 

19.           Tourist Tax Funding Agreement with Perfect Game USA, Inc. for the 9U/11U/13U Florida Elite Championship.

 

20.           Tourist Tax Funding Agreement with Perfect Game USA, Inc. for the 10U/12U/14U Florida Elite Championship.

 

21.           Tourist Tax Funding Agreement with Perfect Game USA, Inc. for the East Winter Championship and 13U-14U National East Showcase.

 

22.           Parks Contract for Services with Kelly C. Harle, Jeff Walsh, and Anthony Torres.

 

23.           Natural Lands Contract for Services with Jena Pell, Mariella Dorr, Norene Koester, Patricia Lynn Smith, and Heather Woodward.

 

24.           Head Tennis Pro Agreement with Michael Koslik; Assistant Tennis Pro Agreement with Heather Walton; Tennis Developmental Instructor Agreement with Kaitlynn Groves; Associate Tennis Pro Agreement with Jason Thomas Louwsma, Miguel Carvajal, and Robert Pierce.

 

25.           Amdmt #5 to W.O. #40 to PS-0009-15 w/Inwood Consulting Engineers, Inc.

 

26.           Amdmt #3 to W.O. #43 to PS-0009-15 w/Inwood Consulting Engineers, Inc.

27.           Amdmt #4 to W.O. #43 to PS-0009-15 w/Inwood Consulting Engineers, Inc.

 

28.           Amdmt #2 to W.O. #55 to PS-0009-15 w/Metric Engineering, Inc.

 

29.           Amdmt #2 to W.O. #56 to PS-0009-15 w/Atkins North America, Inc.

 

30.           Amdmt #1 to W.O. #59 to PS-0009-15 w/Metric Engineering, Inc.

 

31.           Amdmt #1 to W.O. #61 to PS-0009-15 w/Atkins North America, Inc.

 

32.           Amdmt #1 to W.O. #64 to PS-0009-15 w/Pegasus Engineering, Inc.

 

33.           Amdmt #1 to W.O. #65 to PS-0009-15 w/CPH, Inc.

 

34.           Amdmt #2 to W.O. #66 to PS-0009-15 w/Inwood Consulting Engineering, Inc.

 

35.           Amdmt #1 to W.O. #67 to PS-0009-15 w/Metric Engineering, Inc.

 

36.           Amdmt #3 to W.O. #3 to PS-0121-15 w/Singhofen & Assoc., Inc.

 

37.           Amdmt #3 to W.O. #4 to PS-0121-15 w/Singhofen & Assoc., Inc.

 

38.           Amdmt #3 to W.O. #6 to PS-0121-15 w/DRMP, Inc.

 

39.           Amdmt #4 to W.O. #7 to PS-0121-15 w/DRMP, Inc.

 

40.           Amdmt #5 to W.O. #7 to PS-0121-15 w/DRMP, Inc.

 

41.           W.O. #9 to PS-0121-15 w/DRMP, Inc.

 

42.           W.O. #19 to PS-0157-15 w/S2L, Inc.

 

43.           W.O. #20 to PS-0157-15 w/S2L, Inc.

 

44.           Amdmt #3 to W.O. #2 to PS-0201-15 w/Environmental Research & Design, Inc.

 

45.           W.O. #4 to PS-0201-15 w/Environmental Research & Design, Inc.

 

46.           W.O. #5 to PS-0201-15 w/Environmental Research & Design, Inc.

 

47.           W.O. #6 to PS-0201-15 w/Environmental Research & Design, Inc.

 

48.           Amdmt #8 to W.O. #2 to PS-0426-16 w/England-Thims & Miller, Inc.

 

49.           Amdmt #1 to W.O. #5 to PS-0426-16 w/Horizon Engineering, Inc.

 

50.           C.O. #1 to W.O. #27 to CC-0559-15 w/Southland Construction.

 

51.           Amdmt #2 to W.O. #1 to PS-0592-16 w/Metric Engineering, Inc.

 

52.           W.O. #12 to RFP-0672-15 w/The Colinas Group, Inc.

 

53.           C.O. #1 to W.O. #31 to RFP-1294-17 w/Pat Lynch Construction, LLC.

 

54.           C.O. #2 to W.O. #32 to RFP-1294-17 w/M&J Enterprises International, Inc.

 

55.           W.O. #26 to PS-1320-17 w/Wood Environment & Infrastructure Solutions, Inc.

 

56.           W.O. #27 to PS-1320-17 w/Wood Environment & Infrastructure Solutions, Inc.

 

57.           W.O. #28 to PS-1320-17 w/Southeastern Surveying & Mapping Corp.

 

58.           Closeout to W.O. #10 to CC-1391-17 w/Central Florida Environment Corp.

 

59.           W.O. #11 to CC-1391-17 w/Ryan Fitzgerald Construction, Inc.

 

60.           C.O. #1 to W.O. #11 to CC-1391-17 w/Ryan Fitzgerald Construction, Inc.

 

61.           W.O. #6 to PS-1473-17 w/S2L, Inc.

 

62.           Amdmt #1 to W.O. #13 to PS-1474-17 w/S2L, Inc.

 

63.           W.O. #14 to PS-1474-17 w/S2L, Inc.

 

64.           W.O. #15 to PS-1474-17 w/S2L, Inc.

 

65.           W.O. #16 to PS-1474-17 w/ S2L, Inc.

 

66.           Amdmt #1 to W.O. #10 to PS-1522-17 w/Tierra, Inc.

 

67.           W.O. #12 to PS-1522-17 w/Ardaman & Assoc., Inc.

 

68.           W.O. #13 to PS-1522-17 w/Ardaman & Assoc., Inc.

 

69.           W.O. #14 to PS-1522-17 w/Ardaman & Assoc., Inc.

 

70.           W.O. #15 to PS-1522-17 w/Tierra, Inc.

 

 

71.           W.O. #13 to PS-1529-17 w/Iteris, Inc.

 

72.           W.O. #14 to PS-1529-17 w/Iteris, Inc.

 

73.           W.O. #15 to PS-1529-17 w/Iteris, Inc.

 

74.           Amdmt #1 to W.O. #1 to PS-1566-17 w/Carollo Engineers, Inc.

 

75.           Amdmt #3 to W.O. #4 to PS-1709-18 w/Geosyntec Consultants, Inc.

 

76.           Amdmt #3 to W.O. #5 to PS-1709-18 w/CDM Smith, Inc.

 

77.           Amdmt #4 to W.O. #5 to PS-1709-18 w/CDM Smith, Inc.

 

78.           Amdmt #1 to W.O. #8 to PS-1709-18 w/Wood Environment & Infrastructure Solutions, Inc.

 

79.           W.O. #13 to PS-1709-18 w/Wood Environment & Infrastructure Solutions, Inc.

 

80.           Amdmt #2 to W.O. #5 to PS-1822-18 w/Reiss Engineering, Inc.

 

81.           Amdmt #1 to W.O. #18 to PS-1822-18 w/Reiss Engineering, Inc.

 

82.           Amdmt #1 to W.O. #22 to PS-1822-18 w/Jacobs Engineering Group, Inc.

 

83.           Amdmt #1 to W.O. #28 to PS-1822-18 w/AECOM Technical Services, Inc.

 

84.           Amdmt #4 to W.O. #1 to PS-1832-18 w/Tierra Engineering, Inc.

 

85.           W.O. #39 to PS-1832-18 w/CDM Smith, Inc.

 

86.           W.O. #41 to PS-1832-18 w/Tierra, Inc.

 

87.           W.O. #43 to PS-1832-18 w/Tierra, Inc.

 

88.           W.O. #3 to PS-1946-18 w/Environmental Science Associates Corp.

 

89.           Amdmt #1 to W.O. #3 to PS-1946-18 w/Environmental Science Associates Corp.

 

90.           W.O. #4 to PS-1946-18 w/Environmental Science Associates Corp.

 

91.           W.O. #16 to PS-1998-18 w/ Environmental Science Associates Corp.

 

92.           W.O. #17 to PS-1998-18 w/ Environmental Science Associates Corp.

 

93.           W.O. #19 to PS-1998-18 w/ Environmental Consulting & Technology, Inc.

 

94.           W.O. #20 to PS-1998-18 w/ Environmental Consulting & Technology, Inc.

 

95.           W.O. #21 to PS-1998-18 w/ E. Sciences, Inc.

 

96.           Amdmt #1 to W.O. #1 to PS-2009-18 w/Jacobs Engineering Group, Inc.

 

97.           Amdmt #1 to W.O. #2 to PS-2101-18 w/HDR Engineering, Inc.

 

98.           Amdmt #5 to W.O. #1 to PS-2225-19 w/Atkins North America, Inc.

 

99.           C.O. #7 to CC-2352-19 w/COMANCO Construction Corp.

 

100.          C.O. #3 to CC-2392-19 w/Southern Development & Construction, Inc.

 

101.          C.O. #3 to CC-2439-19 w/Convergint Technologies.

 

102.          Amdmt #3 to W.O. #3 to PS-2468-19 w/GAI Consultants, Inc.

 

103.          Amdmt #2 to W.O. #5 to PS-2468-19 w/S&ME, Inc.

 

104.          Amdmt #3 to W.O. #5 to PS-2468-19 w/S&ME, Inc.

 

105.          Amdmt #2 to W.O. #6 to PS-2468-19 w/CPH, Inc.

 

106.          Amdmt #1 to W.O. #7 to PS-2468-19 w/GAI Consultants, Inc.

 

107.          W.O. #2 to PS-2483-19 w/Ayres Associates, Inc.

 

108.          Amdmt #1 to W.O. #1 to PS-2552-19 w/Dewberry Engineers, Inc.

 

109.          Amdmt #2 to W.O. #1 to PS-2552-19 w/Dewberry Engineers, Inc.

 

110.          Amdmt #2 to M-2599-19 w/C.T. HSU & Associates, P.A.

 

111.          C.O. #3 to CC-2696-19 w/Linton Enterprises, Inc.

 

112.          Amdmt #1 to W.O. #2 to PS-2717-19 w/Project Management Advisors, Inc.

 

113.          W.O. #3 to PS-2717-19 w/Project Management Advisors, Inc.

 

114.          C.O. #4 to CC-2772-19 w/APM Construction.

 

115.          W.O. #1 to PS-2826-20 w/Pegasus Engineering, LLC.

 

116.          W.O. #2 to PS-2826-20 w/Pegasus Engineering, LLC.

 

117.          W.O. #3 to PS-2826-20 w/Atkins North America, Inc.

 

118.          First Amdmt to Master Agreement for PS-2872-20 w/Ayres Associates, Inc.

 

119.          C.O. #2 to CC-3037-20 w/Chinchor Electric, Inc.

 

120.          W.O. #1 to PS-3066-20 w/Schenkel & Shultz, Inc.

 

121.          W.O. #1 to PS-3078-20 w/SCS Engineers, Inc.

 

122.          W.O. #1 to RFP-3136-20 w/Miller Electric Company.

 

123.          W.O. #2 to RFP-3136-20 w/Miller Electric Company.

 

124.          PS-3214-20 for Professional Engineering Services w/HDR Engineering, Inc.; Ranking List approved by the BCC on October 27, 2020.

 

125.          Amdmt #3 to W.O. #40 to PS-8186-13 w/Hazen and Sawyer, P.C.

 

126.          Closeout to W.O. #18 to CC-9184-13 w/Driveways, Inc.

 

127.          W.O. #19 to CC-9184-13 w/Affordable Development.

 

128.          Amdmt #3 to W.O. #2 to PS-9464-14 w/GAI Consultants, Inc.

 

129.          Amdmt #3 to W.O. #4 to PS-9464-14 w/GAI Consultants, Inc.

 

130.          W.O. #17 to RFP-9601-14 w/Revere Control Systems, Inc.

 

131.          W.O. #9 to PS-9742-14 w/Jacobs Engineering Group, Inc.

 

132.          W.O. #2 to RFP-9948-14 w/Jacobs Engineering Group, Inc.

 

133.          Third Amdmt to RFP-603113-18 w/Dean, Ringers, Morgan & Lawton, P.A.

 

 

 

 

134.          Bids as follows:

 

RFP-604016-20 from Gallagher Benefit Services, Inc.; Gehring Group, Inc.; McGriff Insurance Services, Inc.; RobinsonBush Consulting, a Division of Digital Insurance, LLC; Tony Williams Insurance Agency;

 

BID-604011-20 from Orlando Sentinel; Sanford Herald, LLC; and

 

BID-604042-20 from A+ Environmental Restoration, LLC; Aerostar Environmental and Construction, LLC; Aquagenix, Division of DeAngelo Brothers, LLC; Kestrel Ecological Services; Bio-Tech Consulting, Inc.; EarthBalance; Wetland Studies and Solutions, Inc.

 

COUNTY INVESTMENT ADVISOR REPORT

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

 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, 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.

 

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

 

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

 

COUNTY ATTORNEY BRIEFING

County Attorney Bryant Applegate advised he distributed nine memos to add to the County Attorney Memo Book.  Those were distributed over the past week to the Commissioners and the County Manager’s Office.  They are currently working on a proposed amendment, suggested amendment, to the agritourism bill and overall issue.  His office will be meeting with the County Manager’s Office to talk about some other options that they’re looking at before presenting it to the Board.  A question had previously come up regarding whether or not you could hold conservation land in perpetuity, and it is staff’s opinion that you can.  Mr. Applegate and Deputy County Attorney Paul Chipok met with a couple of constituents who had been asking about the issue, and they had a very good meeting.  Staff will send out a memo to the Board describing some of the options they would have to achieve their goal, and they will work with the County Manager’s Office before distributing that. 

 

Mr. Applegate thanked Deputy County Attorney Lynn Porter-Carlton for the report of pending litigation.  He stated the Board will find it to be of some interest and staff will update that report regularly as things change.

In regard to the River Cross case, Ms. Applegate advised there is a hearing set in state court on the County’s motion to stay that action until the federal court makes its final rulings.

 

Chairman Constantine discussed a meeting with the Orlando Sentinel Editorial Board concerning home rule and more.  He pointed out this is one of the bills that is home rule indicated, and it is a priority of the senate president.  It is going to be very difficult to amend.  Mr. Applegate replied his opinion of the bill is that if you have agricultural land, you can have any business you want, and this bill is going to protect it.  Chairman Constantine stated there’s an additional paragraph that essentially says you can have a Woodstock on your property, and you couldn’t even tell them how many bathrooms to have or where the parking is. Discussion ensued.  It was determined that the bill is problematic.  Commissioner Dallari requested that they discuss this issue at the appropriate time.

 

COUNTY MANAGER AND STAFF BRIEFINGS

Ms. Guillet stated the DEP and Water Management District rulemaking with respect to the Central Florida Water Initiative is moving forward.  There are some things in the proposed rule that are of concern to staff like a limitation on withdraws to the 2025 allocation and a conservation provision – a benchmark that, even by the Water Management District’s own admission, many jurisdictions won’t be able to accomplish.  There is also a concern that the County is not getting credit for the significant investments that they have made in their system to lower usage.  Staff did meet with the Water Management District last week to talk a little bit about the concerns.  She doesn’t know what will ultimately result from those discussions, but it was good to get their issues on the table.  The deadline to file a challenge to the rule is March 1, and she intends to move forward with that unless the Board objects to it.  Staff thinks it’s the only way to protect the County’s interest right now, and they are hopeful that they’ll be able to settle or there will be some other type of resolution that protects their rate payers.  Discussion ensued regarding a motion.

 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to give staff the ability to move forward with any and all objections and/or appropriate complaints and/or lawsuits needed filing.

 

Chairman Constantine suggested the friendly amendment that staff continues to work with St. Johns to find agreements.  The motioner agreed, and the motion was seconded.

 

With regard to public participation, David Serdar, 66 Winter Green Drive, Fruitland Park, addressed the Board to discuss legislation.  No one else spoke, and public input was closed.

 

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

 

-------

            Chairman Constantine recessed the meeting at 11:59 a.m., reconvening at 1:31 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.

 

PROOFS OF PUBLICATION

 

            Motion by Commissioner Dallari, seconded by Commissioner Lockhart, 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 #41 – 2021-2522

Project/Grant Carryforward & Mid-Year Adjustments

 

            Timothy Jecks, Deputy CFO and Budget Division Manager, addressed the Board to present the request as outlined in the agenda memorandum.  He displayed and reviewed a PowerPoint presentation (received and filed).

 

            Commissioner Lockhart noted that they all had individual briefings and asked their questions at that time.

 

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

 

            Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute appropriate Resolution #2021-R-28 implementing Budget Amendment Request (BAR) #21-030 to carryforward unexpended project and grant budgets, and to adjust FY 2020/21 Beginning Fund Balances in the net amount of $297,062,662.40 to countywide funds; as described in the proof of publication.

 

            Under discussion, Commissioners Lockhart and Herr advised they would like to forego the proposed 3% salary increase for themselves and keep it in the county coffers.  Chairman Constantine added that he will be donating his increase to charity.

 

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

 

 

 

 

 

 

COUNTY MANAGER’S REPORT

In connection with Public Hearing Item #41  (Not in sequential order)

 

Agenda Item #46 – 2021-2562

Sports Complex Capital Equipment and FTEs;

Perfect Game Agreement

 

            Motion by Commissioner Herr, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2021-R-29 implementing Budget Amendment Request (BAR) #21-037 through the General Fund in the amount of $288,026 to establish budget for 5.32 full-time equivalent positions and three capital equipment items needed at the Sports Complex related to the Perfect Game Agreement.

 

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

 

Agenda Item #47 – 2021-2563

Emergency Management FTE

 

            Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2021-R-30 implementing Budget Amendment Request (BAR) #21-039 through the General Fund in the amount of $35,534 to establish one, full-time equivalent position in Emergency Management.

 

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

 

PUBLIC HEARINGS (Continued)

 

Agenda Item #42 – 2020-0032

Land Development Code, Chapter 55 – Wellfield Protection

 

Dr. Terry McCue, Environmental Services Director, addressed the Board to present the request as outlined in the agenda memorandum.  He stated that the item is a proposed amendment to Chapter 55 of the Land Development Code related to wellfield protection.  The rule is to not have a public water supply well within a half mile of an existing aquifer recharge or aquifer storage and recovery well.  In 2008, the County, in conjunction with a grant from the St. Johns River Water Management District (SJRWMD), constructed an aquifer storage recovery well at Wilson Elementary on Orange Boulevard.  He advised that this ordinance should have been enacted at that time.  As they are exploring alternate uses of this aquifer and storage well, they have determined that this ordinance was not passed in 2008, so they are asking that it be passed at this time.

 

With regard to public participation, Cindy Haller, 1731 Beacon Drive, spoke in support.  No one else spoke in support or opposition, and public input was closed.

 

Motion by Commissioner Zembower, seconded by Commissioner Herr, to adopt Ordinance #2021-10 amending Chapter 55, Wellfield Protection, of the Seminole County Land Development Code to add a new section to prohibit the installation of a water supply well within a half mile (2,640 feet) of existing or permitted aquifer recharge (AR) or aquifer storage and recovery (ASR) wells; as described in the proof of publication.

 

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

 

QUASI-JUDICIAL PUBLIC HEARINGS

 

Agenda Item #43 – 2021-2449 - TRANSMITTAL

The Cove at Sanford Farms LSFLU Map Amendment

And PD Rezone/Zach Miller, Applicant

 

            Joy Giles, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  Both the Planning and Zoning Commission and county staff recommend transmittal.

 

            Zach Miller, Applicant, addressed the Board to give a little bit more history on what they have done and he stated this is kind of a third iteration on what they have done.  In 2019, they were at 2.7 units per acre; last year they were at 2.35 and this iteration is 2.2 units per acre.  He explained that is a result of listening to P&Z, this Board, and the homeowners.  Some of the things that they have acquiesced to, for lack of a better term, are (1) obviously a reduction in density; (2) they now have access off of Orange, which it was just off of New York before; (3) they increased the buffer on the back side, where they have a 40-foot undisturbed, natural buffer that they would like to maintain with a 10-foot dedication; and (4) at one point they had the retention in the center and all the homes surrounded it, and they shifted that retention area to the Ohio side as a response to some of the homeowners.  After the buffer is the retention area and then the right-of-way, so the first home lot does not start for 226 feet and then there is a home setback after that.  Some other changes include that the first house does not start for nearly 300 feet on the Orange side.  Some things in the development order they do not necessarily agree with is they are asking for either no fence or a split rail fence, and in response to some of the homeowners, they would like to actually have a solid fence just like Somerset has.  However, that fence would not be installed until after the natural buffer on the Ohio side and would then surround the perimeter of the property.  On the front they would still do a split rail or some sort of a decorative fence, similar to Carisbrooke.  The other request for consideration is they would like to see this as continuous between Orange and Ohio.  He feels it is a very good transition with the large buffers and the lower density.  As that property develops, it would help the homeowners to understand what is going to happen there, what the expectations are, and for the development community, what can happen there.  At last they have a game plan for everybody, whether it is the development community or the residents.  He would like to see that happen if that is possible.  He does not know what that looks like; if it is an overlay; if it is something that staff does.  He does not mean to sound presumptuous, but if this does go forward, they would like to see some standardization with that area, between Orange and Ohio.

 

            Commissioner Zembower asked Mr. Miller if he would be willing to put the buffer in the conservation tract under the HOA’s name so it is maintained and cannot be impacted, to which Mr. Miller agreed that it would be the 40-foot buffer which would not include the 10-foot transition buffer.

 

            Commissioner Lockhart questioned if they had talked at all about the sidewalk situation on Ohio and asked if that is something in the D.O. that staff has worked out completely or whether that is something they need the Board to discuss.  Mr. Miller responded that he believes so, but if not, he would like to waive any requirement of the sidewalk on the back side, because they are trying to keep it a natural buffer, and if he has to clear or do any kind of improvements, there goes the natural buffer.  Commissioner Zembower added it is his understanding that they will pay into the sidewalk fund and will not have to prep that area at all. 

 

            With regard to public participation, the following spoke in support:  John Latshaw, 5035 Ohio Avenue; and Pete Buis, 5376 Ohio Avenue.  Commissioner Lockhart noted that Mr. Buis stated he would like a solid fence like Somerset, but the D.O. on page 3, letter K, states that solid walls and fences will not be permitted.  She wanted to make sure that they go back to that discussion at some point.  Mr. Buis stated they did that at Somerset and it is acceptable to him as a resident on Ohio Avenue; he thinks it looks fine.  Those speaking in support continued as follows:  Sam Shammugham, 429 Vista Oak Drive; Raj Subbiah, 494 S. Orange Boulevard; James Johnson, 5070 Ohio Avenue, expressed his support but also some of his concerns; and John Puik, 5022 Ohio Avenue.  Scott Richards, 5212 Michigan Avenue, noted he was neutral on the speaker form.  He explained he does not really want to see it happen, but he gives Mr. Miller a lot of credit because he listened to the neighborhood and worked with the community to the extent possible.  He hopes that they can look forward to set a trend for what remains of Sanford Farms.  He also mentioned stormwater noting they have volunteered to work and provide input to that. 

 

Chairman Constantine read aloud the Written Comment Form from Kathy Koref, 5050 and 5030 Ohio Avenue, where she indicated she is in opposition due to concerns with flooding and wildlife.  The following spoke in opposition:  Aaron Koref, 5050 Ohio Avenue; Cindy Haller, 1731 Beacon Drive; Mike Yaccarino, 1435 New York Street; Wafa Esposito, 5040 Hawks Hammock Way; Sandra Yaccarino, 1427 New York Street; and George Sellery, 5231 Shoreline Circle.  Public Speaker Forms and Written Speaker Form were received and filed.

 

            The following individuals spoke in opposition via communications technology:  Joe Humphreys, 883 Cardinal Pointe Cove; Gary Mellon, 5395 Ohio Avenue; Jennifer Ferguson, 6460 S. Sylvan Lake Drive; and Nancy Harmon, 752 Pioneer Way.  Registration Report was received and filed.

 

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

 

Chairman Constantine asked Ms. Giles to respond to the citizen’s question in connection with drainage.  She advised the stormwater retention would be required to be designed to not overload the downstream system for the 25-year/24-hour storm event. 

Mr. Miller stated with the larger buffer in the back that is the natural grade of the land going towards the north and the lowest point is at the north, so as it drains, that will act as a natural percolation for that water going back there as well.  He added there were many perspectives on the fence; some wanted a split rail and some wanted a solid wall.  He would like to drive home the point with the solid wall, specifically because if they did the split rail, they are going to have individual homeowners putting up their own fences and they will end up with a hodgepodge of fencing.  He would rather do an HOA fence all the way around similar to what was done in Somerset for consistency. 

 

Commissioner Lockhart said in talking about the fence and in talking about the sidewalk, on page 3 of the Development Order, what they have discussed regarding not having to prep the land is not written there.  It stills says in the Development Order that they would be required to grade and prep the land.  Mr. Miller noted that county staff would be the ones to correct that.  Commissioner Lockhart thought someone stated that staff already took care of that so she just wants to make sure because it is still not changed in the D.O.  Ms. Giles advised staff is in support but that is something the Board needs to vote for approval of.

 

Commissioner Lockhart commented there was also a question from the public about the Comprehensive Plan and what is considered compatible, and she asked that someone review the table on page 1008 of the agenda memorandum, which is part of the Comprehensive Plan, and talk about adjacent future land use.  Ms. Giles displayed the chart and stated the table shows existing land uses on the top and then proposed land uses on the left side, and it shows which land uses are compatible based upon intensity or density of proposed development.  She pointed out Suburban Estates and noted it shows Low Density Residential as being compatible transitional land uses, going from 1 unit per acre to 4 units per acre.  She then explained the difference between Rural and Suburban Estates.  Staff determined that the requested Planned Development of 2.2 units is even more of a compatible transitional land use than 4 units.

 

Chairman Constantine recessed the meeting at 3:08 p.m.; reconvening at 3:20 p.m.

 

Commissioner Herr clarified with the Applicant in connection with the sidewalks that they do not intend to build them, but they do intend to pay in to the sidewalk fund.  Mr. Miller said he does not want to disturb the natural area in the back, so that would have to be written in the Development Order.  She then asked if there was any objection to wildlife signs, signs indicating that you are living in bear territory.  Mr. Miller said he had no objection to that.  Commissioner Herr wondered if there was any objection to notifying those that purchase homes and said the notion of educating people about the wildlife in their surroundings is highly appealing to her.  Mr. Miller said he believes that is already mandated in the HOA documents.  Commissioner Herr said she also heard a request about the idea of maintaining as many of the natural trees as they can maintain outside of the buffer, and the particular request was for the large ones.  Mr. Miller explained that that is the whole point of the buffer, to give as much natural buffer there as they can.  Unfortunately, in order to get the property to drain the way they need it to drain, they have to take down trees to grade it to direct the stormwater into the retention areas.  That is why they concentrated the buffer towards the back to be able to give as much of that appeal from the outside looking in as they can. 

 

Commissioner Dallari commented in order to make the slope, they will need to take out trees and put in fill.  He questioned how high they are raising the property.  Mr. Miller said it would be minimal because dirt is expensive.  Commissioner Dallari said he asked because he has run into situations in other developments where they have had very narrow tracts and the tracts were not able to hold the water because there was not really a swale, and then the surrounding properties were flooded.  He wants to make sure that doesn’t happen.  They have talked about the tracts to the north, south and east, and the D.O. shows opacity rating, so when they have 0.1 opacity and 0.2 opacity, he asked staff to translate that.  Ms. Giles advised the opacity rating based on the buffer code is a rating of what you are going to be able to see.  If it is a 1.0, then you would not be able to see through it at all.  If it is a 0.1, you will be able to see through it a little bit, but you will not be able to see every single house or element behind it.  It is a rating based upon different types of canopy trees, sub-canopy trees, and it takes into consideration if you have a solid fence, and additional plantings of shrubs and things of that nature.  It just depends on what is behind it that you are trying to buffer. 

 

Commissioner Dallari noted that next to this property is a proposed stormwater pond from the County.  At the beginning of this presentation, staff was showing them a couple of pieces of property shown in pink on the map.  He asked whether the ponds that the County is planning for the road maxed out or is there any additional capacity for those ponds.  Mr. Jreij responded that those ponds are designed for the entire Orange Boulevard and they do not have additional capacity for some other development.

 

Commissioner Herr asked Mr. Jreij to talk about the Orange Boulevard work and the timing as it relates to this development.  He said the design for Orange Boulevard is currently at about 95% because they are doing a property acquisition.  They are hoping to finalize the acquisition within a year or so and then they will start construction.  So, they will start within the next year or so unless they have an issue with the acquisition of the right-of-way.

 

Commissioner Lockhart questioned in connection with what is happening with Orange Boulevard, if they are in the middle of property acquisition, is there anything foreseeable they could do to help alleviate some of the stormwater flooding that the residents are experiencing separate and apart from this project that is front of them, because although they are discussing it because it is happening at the same time, they all recognize that there are plans in place to help alleviate what is existing.  She questioned if there is an opportunity while they are purchasing property to buy more land and add a couple extra ponds.  She said while they are doing work out there, maybe they could capitalize on that.  Mr. Jreij said they do have other construction projects in that area.  One of them under Michigan and along Oregon, they are upgrading the size of the culvert which would give them more capacity.  And there is another project for Nebraska.  All three should improve the capacity of the drainage system.  The design has been completed and construction will start this coming year.  One is through a FEMA grant; one is a match with the County and the other is for the County.

Commissioner Dallari stated the County is putting a retention pond of significant size next to this subdivision, and when you put in a retention pond, obviously the trees have to come down.  But looking at the minimum buffers, they are putting landscape buffers from this project to the retention pond.  It was proposed for not only the adjacent property but for the development as well.

 

Upon inquiry by Commissioner Herr, Ms. Giles answered if this is approved, the developer would be required to create the buffer.  So, if there are existing trees that can be saved in say the west or east buffer, the 10-foot buffer area, they will be saved and additional plantings will be provided by the developer in order to meet the required opacity.  The required opacity will be met by either new trees or existing trees.

 

Chairman Constantine complimented Mr. Miller on the fact that he has tried.  He knows that he has been in the meetings before and each time, he has given more and tried harder, and he appreciates that.  However, he struggles about the area itself because it is just one development after another, and two or three or four mistakes do not make it right.  He thinks there is an important certainty that is necessary for the citizens that live there that they will not continue to make the same mistake.  He thinks they should set a line of demarcation that says they are going to stick to the one unit per acre in Suburban Estates, but the transition keeps moving further and further towards the river.  It is time to set a standard and stop it.  Whether it be drainage and flooding, it is not caused by Mr. Miller’s project, but it will all be compounded by this.  He said that the people that live here have established residence and put their fortune and their lives into this community, and they need to have some sort of standard but they keep moving that standard.  Instead they are doing this haphazardly with one project after another, and each time they do it, the line moves.

 

Commissioner Dallari agreed that there needs to be a firm line in the sand.  They have heard the same from residents.  He would like to see Ohio as the firm planting of the line.  And anything north of Ohio is one unit per acre and no matter, it doesn’t get changed.  And then south of Ohio where Mr. Miller’s project is, the Commissioner thinks the maximum density should be the 2.20 or 2.0.  He thinks they should be directing that this be put into the Comp Plan and Land Development Code. 

 

Commissioner Herr said she appreciates those sentiments, but the reality of this is that they do not have that today.  She is prepared to make a motion to move forward with some of the caveats they discussed.  She said there has been a significant amount of work and most of it happened before she was here.  She has had quite a few issues come up in her district since taking office, but this is the first time that she is actually hearing that somebody tried to work with the constituents to collaborate with an outcome that is good for the community.  She appreciates that they want to draw a line in the sand somewhere, but that is incumbent upon this Board and their staff to get that done.  She added that truth be told, she would be glad to drive it home now but she has no responsibility for why it has not been done up until now.  She is just sitting here with issue after issue in her district where it has not been.  This particular project is not like the others that were very clear to her, this one actually seems like a good transitional approach to reduce the density compared to the surrounding area.  It still has to go through the process to ensure that flooding would not happen, and she is certain by virtue of the way that this has been worked on up until now that they can come to a good conclusion with that.

 

            Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve transmittal of the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates and Planned Development to Planned Development, to State and regional review agencies; and, subject to final approval and adoption of the Large Scale Future Land Use Map Amendment Ordinance, adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development); and approve the associated Development Order with conditions, and Master Development Plan for approximately 13.5 acres, located at the north side of Orange Boulevard, approximately one-fourth mile east of N. New York Street; Zach Miller, Applicant.  Development Order conditions include the following:  the retention pond for the proposed subdivision will be placed on the north side of the subject property, immediately south of and adjacent to the required 40-foot buffer along Ohio Avenue with a solid fence, in the rear outside the buffer, consistent with allowing water to move; the 40-foot buffer be contemplated to be perpetual, subject to approval by county attorneys, with acknowledgement that no sidewalks will be built, although payment into the Sidewalk Fund will happen; and wildlife signs will be posted; as described in the proof of publication.

 

            Commissioner Lockhart indicated she has said several times previously that Ohio is her line in the sand.  Whatever the line may end of being, it needs to be in writing.  And they owe it to the citizens who live here now and the people who are selling property to be developed in the future to have something in writing.  The idea of the rural enclave is something that she and the Development Services Director have tossed around a few times.  She would love them to take a stab at asking staff to come back with a plan, and maybe this area is a pilot for them.  There are other areas like this one where development is encroaching and if they are going to do this, and she thinks they should, whether they call it a rural enclave or whatever, they owe it to themselves, the citizens and those that would like to develop this property to put in writing what their intentions are.  She does not believe that it is fair to Mr. Miller to tack that on to his project necessarily, but she does believe there needs to be a transition of sorts.  She is hearing from many people closest to it and will be most impacted by it, that they understand they would love for it to stay the way that it is, but this is perhaps a decent compromise.  She will be supporting the motion, separate and apart, but understanding that this Board needs to be very clear in directing staff what their intentions are with regard to this area and others like it in developing rural enclaves.

 

            Commissioner Dallari questioned how long it would take for staff to bring something back in relation to a rural enclave and Ohio, where on one side is one unit per acre and on the other side of Ohio is a different density.  Ms. Guillet replied she thinks they could put something together fairly quickly.  She thinks the idea of a pilot program is great because there has been a lot of discussion about this specific area.  Having some good, definitive direction from the Board is very helpful to staff.  She noted this is a transmittal hearing, so they can bring back, at or before the adoption hearing, a status report of what they are looking at. 

 

 

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

            District 3 voted NAY.

 

            Motion passes 4 to 1.

 

            Chairman Constantine said he believes there is consensus of the Board to give direction to staff to draw up a new line of demarcation at Ohio and nothing beyond that gets a zoning change from Suburban Estates.  Commissioner Herr added if they are asking staff to come back with a recommendation, then she does not believe they can choose where the land in the sand should be. 

 

Commissioner Zembower agreed with Commissioner Herr and said Ohio may or may not be that line, but there is a study that was done by a previous Board and staff that has been discussed numerous times for this area.  He thinks that needs to be looked at by staff to make sure what the intent was back in the late 80s and early 90s, and moving forward what that line of demarcation looks like and what they ultimately look at for this.  And he would want staff to give them several options.  Is it a rural settlement, is it an overlay, is it this, that, or whatever it might be.

 

            Rebecca Hammock, Development Services Director, addressed the Board to state she believes the study that Commissioner Zembower is referring to is the one they did distribute as part of the application for Bartram’s Landing that came through.  That study actually contemplated four dwelling units per acre and it stated when infrastructure improvements would be needed for the area if the Board wanted to approve four dwelling units per acre.  Staff has been contemplating this transitional area that they are discussing, and they do have a scope of work that they are putting together now for one of their Continuing Services Consultants to do a land use analysis that they budgeted last year.  This very topic is included within that to identify rural enclave areas, but they would have to do small area studies and community meetings to see what would be appropriate.  This was just something they did internally just as a jumping off point.  They have not discussed this with the County Manager or the BCC, but this shows the area which includes Mr. Miller’s property as a transitional area, perhaps at 2.5 dwelling units per acre, similar to the Wekiva River Protection Area.  She pointed out an area for possibly 4 dwelling units per acre, similar to what is existing, and then north of Ohio would all be one dwelling unit per acre.  So, it is something they are looking at but they have not had any community meetings on this, but she wanted to let them know that they are looking at that.

 

            Chairman Constantine noted one of his concerns is that these studies were done in the 1990s and the circumstances have changed dramatically since then.  Commissioner Zembower agreed but said they need to at least give that its due to see what the thought process was then.

 

            Ms. Guillet indicated she wanted to comment with regard to expectations and timeframes.  What they are talking about and how she ultimately sees this ending up is it would be a Comp Plan Amendment.  There would be some policy language in the Comp Plan, a future land use map amendment, which takes a little bit of time.  Ms. Hammock had talked about including it in a bigger study and she thinks they can pull this out, and they do have a lot of data and analysis, so she thinks it can go more quickly than normal, but there will be a public involvement element to it as well, and she is sure the Board wants that.  They will move it along as quickly as they can and will certainly give the Board updates and have a good idea of where their heads are and where they are headed when this comes back for final approval.  It may not be ready for final adoption.  But all that being said, they can make whatever decisions they want along the way with respect to land use amendments.  She does not want them to think that they have to wait for staff to do a final land use amendment.  They can bring the Board information and help them make decisions on any other proposals that might come forward while they are in the process.  They have gotten some really good direction today that will help them with any other proposals that may come in, but it will be a Comp Plan amendment and those do take a little bit of time.

 

            Chairman Constantine urged the community to get involved and see if they can come up with something that they, the people who have invested their lives in that area, can be comfortable with moving forward.

 

            Commissioner Herr addressed Mr. Guillet stating it would be greatly appreciated if she would put together a timeline that is shared, not only with the Board, but with the community and that they hold themselves accountable to the timeline, including this Board, because they could ask staff to study, and restudy and restudy; she noticed that happens quite a bit.  She thinks they need to build this out as a project with a timeline, and they need to know who owns what, and they need to hold themselves to the timeline. 

 

Agenda Item #44 – 2021-2513

6999 Sylvan Woods Drive Boat Dock/

Peter Fleck, Applicant

 

            Mary Robinson, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.  She advised Chapter 70 of the Land Development Code, which is “Dredge and Filling” contains seven items to be considered when a boat dock is proposed over 1,000 square feet.  The application complies with the seven items and meets all requirements of the LDC.  Since this property is in the Wekiva River Protection Area, it is required that the St. Johns River Water Management District review the permit instead of the Florida Department of Environment Protection.  The Applicant has been issued a draft environmental resource permit for the boat dock and wetland impacts, which is Exhibit A in the agenda item.  The District rule also requires that a local government notification form be executed before the permit is issued.  The permit will be finalized after the BCC takes action today, if they so choose to approve the application.  Additionally, the State has also required the property owner to enter into a submerged land lease, which is due to the size of the dock since it is not compatible with other docks in the area.  Staff is recommending approval of the request.

 

            Chairman Constantine confirmed with Ms. Robinson that there is an existing dock there that is approximately 800 square feet, and by their own code, anything above 1,000 needs to be approved by this Commission.

 

            Peter Fleck, Applicant, 10820 Wonder Lane, Windermere, addressed the Board stating he was in attendance to respond to any questions the Board may have.  Commissioner Herr asked what makes it different from any other docks in the area.  Mr. Fleck advised it is in an environmentally challenged area; it is in kind of a cove and there is a lot of organic material in there, and his understanding is that the water fluctuates considerably on this lake.  He has pictures of environmental studies that they have done in the past where the walkway is almost completely dry, so it needs to go up a little bit into the water, and he does not think it extends any more than any of the other docks on the shoreline.

 

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

 

            Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve the request for a 1,994-square-foot boat dock on property located on the south side of S. Sylvan Woods Drive, approximately 987 feet south of West SR 46, more particularly known as 6999 Sylvan Woods Drive; Peter Fleck, Applicant; as described in the proof of publication.

 

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

 

Agenda item #45 – 2021-2515

Park Avenue and North Street Rights-of-Way Vacate (Fire Station #39)

 

            Danalee Petyk, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.  She advised staff recommends approval.

 

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

 

            Motion by Commissioner Herr, seconded by Commissioner Zembower, to approve appropriate Resolution #2021-R-31 vacating and abandoning uncut portions of the public rights-of-way known as Park Avenue and North Street of the plat of the town of Sylvan Lake, as recorded in Plat Book 2, Page 69, in the Public Records of Seminole County, Florida.

 

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

 

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            Ex parte communications were received from Districts 1, 2, 3 and 5.

 

LEGISLATIVE UPDATE

 

            Tricia Johnson, Deputy County Manager, addressed the Board to provide the legislative update.  She reported the Legislature completed their fifth and final committee last Friday.  They will have a weeklong break and then Legislative Session will commence Tuesday, March 2nd. 

            Some housekeeping for the Board, Ms. Johnson stated they will all have the updated Legislative Priorities that they approved by Friday, which will include their two appropriations requests which are being sponsored by Representative Plakon.  HB 3839 is their Lake Jesup appropriations requests and HB 3873, the Little Wekiva River restoration project request.  It is important to note that Senator Brodeur has filed SB 976, which is a request for funding of a study of the sedimentation of the Little Wekiva River.  He has shared that both the Lake Jesup project and cleanup of the Little Wekiva River are priorities for him this year.  And as chairman of the Environmental and Natural Resources Committee in the Senate, that is great news for Seminole County.  They are working with the Environmental and Natural Resources Committee on this bill providing them information on the work that the County has been doing and continues to do as part of the Little Wekiva River regional cleanup group. 

 

Ms. Johnson indicated they talked a little bit about SB 88 earlier, the Agritourism and Farmer Liability Protection bill.  The bill has been heard in two Senate Committees, passed favorably in both and will move on to the Rules Committee next, and then onto the Senate floor.  This is a very important priority to the Senate president.  He has three priority bills this year, this being one of them.  Chairman Constantine said so that he keeps the Board informed with the Florida Association of Counties, they had a meeting with the editorial board of the Sentinel yesterday.  He said this is just the tip of the iceberg of the assault on home rule again this year. 

 

Chairman Constantine continued saying they are once again making an assault on AirBnBs or that platform and taking away any control at all from local government.  They have also talked about the regional planning councils and them taking that away.  They also want to take away the power of local government when it comes to Ports.  People sometimes forget that Seminole has a Port.  And then there is also one now on local preference.  He does not know if they have specific local preferences when it comes to Public Works, but many counties do to support their locals and things of that nature.  That is another one that they are trying to preempt that from the counties and cities. 

 

Chairman Constantine mentioned it is in full swing this year, and Ms. Johnson and their lobbyists are going to have their hands full as well as the regional planning councils and the Florida Association of Counties.  He thanked Ms. Johnson. 

 

COUNTY MANAGER’S REPORT

 

            Ms. Guillet reported they intend to engage a facilitator for the Retreat.  They have been having discussions with Mr. Hardy Smith, who she understands facilitated the Regional Planning Council’s recent Retreat.  It has been scheduled for March 12 with the location still to be determined.

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            Ms. Guillet pointed out that they distributed the County Manager’s Annual Report to their Commission Offices, and the State of the County is scheduled for this Thursday.  She added they have plenty of copies and if they need more, just to let them know.  Commissioner Zembower said he had already requested more and was told it was not in the budget to get more.  Ms. Guillet stated they can make that happen.  Chairman Constantine added that the report will be distributed to everyone at the State of the County.

 

COUNTY ATTORNEY’S REPORT

 

            Mr. Chipok advised they had no report at this time.

 

FUTURE AGENDA ITEMS

 

            Chairman Constantine stated he would like support for asking the County Attorney’s Office to bring the towing ordinance back for them to get it in more perspective with the recently passed state ordinance.  They have not been updated for 9 or 11 years and they have not had an increase in their ability to offset their costs, which the State did last year.  No objections were voiced.

 

PUBLIC COMMENT

 

            Elena Sicurella, 1206 Sunshine Tree Boulevard, addressed the Board stating she works with Pet Rescue by Judy and they received an email about extensive Pit Bull breeding and the dogs are not being treated properly.  The breeder, Brandon Blake, has since cleaned up his web page.  They have photos (received and filed) of how he is overbreeding and a photo of one mother dog trying to nurse at least 12 to 15 puppies.  She was told it is in an unincorporated area and he is allowed to have as many animals as he wants.  She wondered if that was true for dogs. 

 

            Chairman Constantine shared that Seminole County was one of the first counties to implement an anti-puppy mill ordinance and this might fall within that.  He knows when they adopted it, there were no puppy mills in this county.  He noted they will request that the County Manager get to the appropriate person to check into that.  Ms. Guillet advised that this particular situation is currently under investigation.  Commissioner Herr agreed and noted it had come through her office and is currently under investigation to include other departments.  She added they also appreciate the documents because the breeder’s website does continue to change.

 

            Judy Sarullo, Pet Rescue by Judy, 401 S. Laurel Avenue, addressed the Board to speak about the same subject.  She thanked her Commissioner for helping to rescue a dog that was chained up in a metal crate from six months.  They are not getting enough assistance from Seminole County Animal Control.  She knows everyone’s hands are tied and there is only so much everyone can do, but that was taken care of thanks to the Commissioner.  In regard to the breeder, she knows they have gone out and investigated, so she is not certain when they said the conditions were satisfactory when they are showing animals three into a box.  So, when Animal Control and Code Enforcement go out, and they are looking at this property and the condition of the animals, how could they say these are satisfactory conditions for an animal.  The animals are going through abuse.  She asked how can they, as rescues and people in their community, work with this Commission to bring things to their attention and to help resolve these situations.  She opined they are selling them for drugs and noted his chain of friends are selling dogs from prisons for $40,000.  They need to know how to work as a community and to get results and get these creatures off their streets.

 

DISTRICT REPORTS

 

District 2

 

            Commissioner Zembower reported he attended the affordable housing Zoom meeting, and he would like to find support that they consider directing staff to bring an ordinance related to a cumulative land trust or inclusionary zoning, or something thereabout, sooner rather than later, so they can move on with this topic that they have been discussing, he thinks since he and Commissioner Lockhart arrived here.  He said that shortly thereafter, he knows that they looked at a project and took some ideas and some bids and what that might look like, and he thinks they need to ultimately decide what they want to do.  He asked the Board to decide whether they are going to support some kind of “obtainable” housing ordinance and how they want to look at that from there. 

 

            Commissioner Lockhart advised she had a similar conversation with staff not too long ago asking where they are with this, and she was told that they are all written and ready to go.  She thinks staff believes the Board is the holdup, and visa versa.  Commissioner Zembower said then he will try to make it easy and stated he would like support for a Community Land Trust Ordinance to come before the Board as soon as possible.

 

            Motion by Commissioner Zembower, seconded by Commissioner Dallari, requesting that staff bring back to the Board a Community Land Trust Ordinance as soon as possible.

 

            Under discussion, Commissioner Lockhart agreed and said that even if they do not have the money to allocate directly into land buying, which a portion of the ordinance was to include a trust fund, they would like them to at least get the bones of the ordinance so they can fill it.  Commissioner Zembower added to at least get the vehicle moving.

 

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

 

            Commissioner Zembower said not to belabor that point, but he has asked for a staff review on that exact issue of funding and so forth, and of course they all know about the private partnerships joining with maybe the Orlando Land Trust Group.  He added, ironically, you can also use the one-cent infrastructure sales tax as part of the vehicle to do that.  So that is probably something they may have a discussion about in the near future.

 

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            Commissioner Zembower reported that he attended the Deer Run community meeting and he saw Commissioner Dallari there as well.  It was well attended with a lot of interest.  He complimented staff on how they handled the Zoom meeting.

 

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            Commissioner Zembower thanked Derek in Public Works stating that his team has been cleaning up on SR 426 in his district from Lockwood all the way out to Geneva.

 

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            Commissioner Zembower thanked the Parks and Recreation people for all the work they have been doing with Sunland Park in dealing with FDOT on the contractor vacating and getting things back to the way it should be and now putting together a plan on what it is going to look like for that community and how they move forward on those improvements and how the contractor, and so forth, may participate in that.  He stated because that park is right on 17-92, it has been the subject of a lot of nefarious activities, drinking, drug dealing, people coming in, that the general residents are not real comfortable with.  So, they floated an idea that if the County was willing to consider that parcel, because it does front 17-92, that it may have more value as a commercial or some other use, that they would look at moving back on another piece of property inside the community that is shielded from that.

 

            Joe Abel, Deputy County Manager, addressed the Board to advise they cannot do what he has mentioned because there is a deal on that property and it has to remain a park.  They found that out when they did the deal with the State, so that particular piece of property needs to remain a park and needs to remain commercial, which doesn’t mean they couldn’t buy property somewhere else and have another park. 

 

            Commissioner Lockhart said to tag onto Mr. Abel’s comments, she wants to know when that project will finish up, because she thinks that construction is contributing to some of the bad behavior because it looks kind of shady.  She spoke with FDOT, and every time she has just been told that it is coming along.  She wondered if anyone on staff has any contacts with the DOT that they think maybe they could get a more definitive answer.  Commissioner Zembower noted that in his conversations with FDOT, they said they hit some unknown conditions along there that they were aware of that have delayed it.  That whole corridor there was supposed to be wrapped up by December of last year and it didn’t happen.

 

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            Commissioner Zembower advised he met with Fire Chief Drozd and they spoke about new equipment that the Board approved last year coming into his district for the rural folks at 42.  They toured Whitcomb Road area looking at some of the low-lying areas and so forth.  They are also still working with the community on the flooding issue out there on the roadways.  They are waiting for the final tally to see if those individuals are all going to work with donating land to make those improvements.

 

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            Commissioner Zembower gave an update on travel at the Orlando Sanford International Airport saying travel and the passenger count was still way down.  Allegiant is kicking off a new flight to Key West on Fridays and coming back on Mondays at a pretty low fare. 

 

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            Commissioner Zembower stated the Lake Jesup group has been reignited and hopefully they will have some traction there to get some help for Lake Jesup.  He knows many in this county have tried to do that for a couple decades and it really just takes money and a good effort from their legislators in Tallahassee.

 

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            Commissioner Zembower indicated he would like some conversation and support.  He knows they decided over a year ago to experiment on this one BCC meeting and one hybrid BCC meeting/work session.  He thinks it was a good experience but that they are better off getting back to two normal meetings a month.  He thinks it would be helpful for staff.  Ms. Guillet noted that the subject is on the agenda for the work session on March 9th.

 

            Commissioner Dallari said he thinks they should go back to the two meetings.  He said it was a great exercise and they did it during the pandemic.  Even though they are still in it, he wants to go back on the normal schedule and feels it would be advantageous for staff and all the residents.  Commissioner Herr asked when they would hold the work sessions.  Commissioner Zembower opined he is fine doing that any day of the week.  Commissioner Herr explained she will just weigh in as the consultant who sat in their work session holding tank, last year prior to COVID, she probably sat in the conference room for 40 hours waiting for the Board and then had only 30 minutes to present an hour topic.  She stated she thinks it is so disrespectful to consultants, and then the Board does not get the full story and they are angry that they don’t know everything.  She said they have to figure out how they are respectful to those that they engage with and that they have the time to do it.  As long as they can get through that side of it, she does not care how many times they meet, but they can’t do this and then cancel.  She was cancelled three times and it was a $25 million line item.

 

            Chairman Constantine stated he thinks that is why they should talk about it at the next work session.  He said between now and then, he would ask staff to look at the work sessions that are scheduled and maybe one of the things they can do, maybe they can have a work session and then a regular meeting if it is not going to be too long.  He is not saying they should make that decision right now; he is just saying that is another thing they can talk about.

 

District 4

 

            Commissioner Lockhart advised she spent almost the better part of the day at the East Central Florida Regional Planning Council (ECFRPC) last week, and Chairman Constantine was on Zoom for part of that time.  She is excited about the direction that the Council is taking, and it just happens to be that SB 62 has come out to kind of help spur along some of that relevancy discussion.  She admittedly did not know all of the things that the area planning councils offer, that they provide, that they need them for frankly, in order to get a lot of the federal funding that comes their direction and that needs to come through a local planning council.  If planning councils disappear, they would have to come up with some type of interlocal agreement in order to establish something like a planning council in order to continue to be eligible for those federal funds. 

 

            Commissioner Dallari pointed out that one of the main reasons why they have not touched the MPO (MetroPlan Orlando) is because they get their authority through Congress.  They need to be talking to their congressional delegation to see if they can get their authority through Congress.  Commissioner Lockhart stated that is an interesting idea and she does not believe it has been discussed.  Chairman Constantine noted the MPO actually started from the regional planning councils, and the regional planning councils were a product of the Florida Legislature, where the MPOs were a product of the federal government.

 

            Commissioner Lockhart advised one of the things they talked about was the How Shall We Grow? and How Did We Grow? project.  In talking with their executive team over the course of the last couple of weeks, she said she would really like to see if they could make a conscience effort to partner with the How Did We Grow? rollout.  There is going to be a survey, a lot of community input, and opportunity for some really great dialogue. She opined it could help them as a staff and as a board be a catalyst for this conversation they are having here with their citizens now.  It is all kind of wrapped up into, “This is what you envisioned; this is what we’ve done; now, what do you want to do?”  She finds it interesting that it is so paralleling what they are doing here and the conversations they are having in their own organization.  So, any way that they can tag on, partner, coordinate with the Planning Council, she would love to do that.

 

            Commissioner Dallari noted that Seminole is the only County that adopted How Shall We Grow? in the Comp Plan and the Land Development Code.  Chairman Constantine added that unfortunately in many cases, even when some said they had adopted it also or large portions of it, there were many that did not actually abide by it.

 

            Commissioner Lockhart said then if there is interest, maybe the Board can give direction to the County Manager and her team to really coordinate with the Planning Council on this rollout so that they can have a coordinated effort to get citizen engagement.  They are doing a huge campaign using social media, etc. and so if Seminole can tag onto that, she thinks there is a benefit to having everyone be talking in the same direction at the same time.  In the committee that is a part of this How Did We Grow? effort, they have finalized the survey questions and that tool is supposed to be rolling out, with some fanfare here in March, and she will continue to share with the Board as that comes out.

 

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Commissioner Lockhart remarked that something they receive regularly from the Engineering Department is the Project Schedule Status Update report, and in the last one, there was one particular item that says the CR 419 merge-lane extension was cancelled because the Board did not approve a BAR request at their 12/10/20 workshop.  She was curious about that because this Board does not approve BARs at workshops.  She inquired about what happened with that.  She wondered if there was a way to get staff to figure out how that disappeared and why it was cancelled.  She would like to have that for some discussion, because she does not believe the Board took action on that item.  Ms. Guillet confirmed they will look into that.

 

District 1

 

            Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve appropriate Resolution #2021-R-32 to Jennie Hayes in appreciation for serving on the Board of Adjustment; appropriate Resolution #2021-R-33 to Jeffrey Wines for serving on the Contractors Examiners Board; appropriate Resolution #2021-R-34 to Nick Mason for serving on the Seminole County Industrial Development Authority (SCIDA) board; and appropriate Resolution #2021-R-35 to Taylor Pancake for serving on the Seminole County Port Authority (SCOPA) board.

 

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

 

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            Motion by Commissioner Dallari, seconded by Commissioner Zembower, to appoint Bill Spivey to the Seminole County Port Authority (SCOPA) board effective February 2021 for a four-year term.

 

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

 

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            Commissioner Dallari complimented staff advising he received an email from a constituent, Linda Houston, who lives in Lakes of Aloma.  She was extremely complimentary about county staff and the contractor who were replacing sidewalks.  She even called to ensure that he would share it.

 

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            Commissioner Dallari reported that he attended the Deer Run community meeting.  He expressed Joe Abel did a phenomenal job as well as Rick Durr, in the virtual world.  He heard nothing but compliments from people there and there were a couple hundred people in the audience and at least over 400 people who attended virtually.  He thanked all the staff members who did a lot of hard work behind the scenes.  He noted there is a lot of excitement out there and he thinks they are heading down the right path.  He added the video is on the county website and invited those who had not yet seen it to view it.

 

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            Commissioner Dallari stated there was the renaming of a road in Oviedo this past Saturday.  For many decades, the road was called Avenue B on 419.  It has been renamed to Adeline B. Tinsley Way, and she was a woman who passed away in 2019.  She was the fabric of that community and when she put her mind to something, she got it done.  He feels it was very fitting not to just rename the road in her honor, but also do it during Black History Month to show the diversity of the community as well as the input she had in that community.  He shared a story that was shared by one of her children.  He commented he was glad to see that she was properly recognized.

 

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            Commissioner Dallari recounted that in the early 60s, they were doing training exercises at the Sanford Airport.  There was a malfunction in one of the planes, and the plane could not make it back to the airport.  If the pilot had not ditched the plane into the ground, the plane would have hit the elementary school.  They are having the unveiling of the Historical Marker on March 6th at 4:00 p.m. at the Oviedo Farmer’s Market at Lawton House.  He asked his fellow Commissioners to attend if they could.

 

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            Commissioner Dallari said the MetroPlan Orlando board approved changes to the Transportation Improvement Plan (TIP).  Both he and Commissioner Zembower voted against it because it was a $33 million item with no backup and no one taking ownership of it.  He noted in the same meeting, they also approved the TIP for the PD&E for the 417 because they are going to be putting additional lanes on there.  He is hoping that the State does not exempt themselves from the stormwater requirements as they did the first time they crossed the lake.  When he receives updates, he will inform this Board.

 

District 5

 

            Motion by Commissioner Herr, seconded by Commissioner Dallari, to reappoint Beverly Mason to the Historical Commission effective January 1, 2021 for a two-year term.

 

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

 

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            Commissioner Herr gave a huge thank you to staff for the continued heavy lift that they are doing on behalf of those that are homeless in their community, including the staff at the Sherriff’s Office that is involved in Rescue Outreach Mission.  Due to the work done by Chief Lisa Spriggs, along with a staff member that is out on location, a lot of the documents that were missing were found and they actually made it through the audit process with a reasonable outcome.  An outcome to the audit was good enough to secure a $66,000 United Way grant.  She reminded that United Way had withheld funding based on that, so that is good news.

 

            Commissioner Herr noted they did expand capacity and she toured the ROM facility and it looks very good.  More good work is being done.  They are putting together videos and she will have more to come on that.

 

            Commissioner Herr advised there is a consultant that they are going to engage on ROM’s behalf that has actually run homeless shelters in Volusia County.  They need advice on what to do within the shelter for the safety of the citizens and for a good track for them to run on to move on to the next thing in life post their stay there.  They are also continuing discussion with The Sharing Center around how they work well together.

 

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            Commissioner Herr reported she attended her first Port Authority board meeting and they are at 100% capacity.

 

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            Commissioner Herr said she is throwing out a huge thank you to FDOT; they actually have taken the time to meet with the people from Tall Trees, and they have been doing this all along with regard to the road that is now in their backyard.  And there is no other way to explain it, but it is in their backyard, and so they are in the conceptual stage of plantings and they were taking input from citizens.  District 5 will continue to stay engaged in that with them.  Commissioner Dallari remarked they committed to building a parkway with full landscaping and buffering of the road.  Commissioner Herr replied that that is what they are doing and there is no indication that it is not as stated.

 

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            Commissioner Herr called their attention to the walking challenge that was put out by the Worksite Wellness and Fitness Coach, Dr. Sharon Gamm.  She would love to see full engagement from the leadership in this organization with regard to health improvement.

 

Chairman’s Report/District 3

 

            Chairman Constantine mentioned he has heard nothing but positive comments from everybody he knows at the Oviedo/Winter Springs Chamber of Commerce in connection with the presentation this Board did on the 4th.  They were saying they have never seen this Board work so well together.

 

            And that same evening, Chairman Constantine noted he was speaking to the Friends of the Wekiva, and they wanted him to send their appreciation to the entire board for upholding the integrity of the Wekiva Parkway and Protection Act. 

 

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            Chairman Constantine noted the County Manager had mentioned the meeting with SJRWMD.  He has always hated “his tax dollar suing his tax dollar” but in that meeting, he really did see a spirit of cooperation.  He is not saying they are there yet, and he is not saying that what they are doing isn’t pushing forward what they need to do, but he thinks he saw a light at the end of the tunnel.

 

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            Chairman Constantine said the Florida Association of Counties has asked him to be the host of the breakfast for the former commissioners that are now legislators and former legislators that are now commissioners.  This will be scheduled for the day before or the day after the Legislative Session begins.  It seems like there aren’t any that vote for local governments anymore, but there are surprisingly some former county commissioners that are now state legislators who are the ones that usually support the protection of home rule.

 

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            That same day, there will be a retirement celebration for Richard Maledecki, President and CEO of the Hotel and Lodging Association.  He noted it should be a nice occasion.

 

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            Chairman Constantine reminded the Wekiva Paint Out starts on February 27th and Commissioner Dallari is the honorary chair of the event this year.

 

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            Chairman Constantine also noted that the State of County is on Thursday and he thought that each one of their presentations was wonderful and he thinks Tricia Johnson, Deputy County Manager, and county staff have done a remarkable job.

 

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            Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve appropriate Resolution #2021-R-43 for Jim Buck in appreciation for his service on the Parks and Preservation Advisory Committee.

 

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

 

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            Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to appoint William Wills to the Parks and Preservation Advisory Committee.

 

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

 

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            Chairman Constantine reported at the last meeting of the Central Florida Expressway Authority, they increased the speed limit on SR 417 from 55 mph to 60 mph right along downtown Orlando, as per their study and Highway Patrol being supportive of it.  In addition, they have asked him to be their representative on the MPO. 

 

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            Commissioner Dallari noted that he had his aide check during this meeting, and the MPO did do a document called, How Did We Grow? in February of 2011.  Commissioner Lockhart noted they will be doing that again.  Chairman Constantine said he knows that Gary Huttman, Executive Director of MetroPlan Orlando, is working with the Regional Planning Council on How Did We Grow? and Commissioner Dallari added that the first How Shall We Grow? in early 2000 and then in 2011 they did How Did We Grow? and now they want to do another one.  Commissioner Dallari noted that he would get Commissioner Lockhart a copy of the 2011 report.

 

COMMUNICATIONS AND/OR REPORTS

 

            The following was received and filed:

 

1.            Letter (undated) received January 29, 2021 to the BCC from Christina Maunder, 619 Spring Oaks Boulevard, Altamonte Springs, re:  Opposition to proposed bike/walking trail changes (an overpass or underpass at the pedestrian crossings) at SR 434 and SR 436. 

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            Ms. Guillet stated they discussed individually with each Commissioner, as part of the mid-year adjustment process, that they would lift the hiring freeze, and they all agreed to that, but she just wanted to get it on the record. 

 

            Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve lifting the hiring freeze that had been put into place.

 

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

 

            Chairman Constantine said he felt they breezed by this on Item Nos. 46 and 47 that when they first started the process, they were going to have to dig into the reserves for $5 million, and as opposed to that, they had a surplus of $10 million, and that goes directly to how hard of an effort staff made.  Commissioner Zembower added they were not certain where they were going to be at that point looking forward, and for staff to agree there was not going to be a pay increase as would typically take place speaks volumes of their staff.  Chairman Constantine said they made the hard decisions, stuck to them, and it paid off, and Ms. Guillet said no one grumbled about it.

 

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:08 p.m., this same date.

 

 

ATTEST:_____________________________Clerk___________________________Chairman

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