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)
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.
--------
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.
-------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
Commissioner Herr reported she
attended her first Port Authority board meeting and they are at 100% capacity.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
Chairman Constantine reminded the
Wekiva Paint Out starts on February 27th and Commissioner Dallari is
the honorary chair of the event this year.
--------
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.
--------
Districts
1, 2, 3, 4, and 5 voted AYE.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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
kf/tp