BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

February 25, 2020

 

     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 25, 2020, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman Jay Zembower (District 2)

Vice Chairman Lee Constantine (District 3)

     Commissioner Robert Dallari (District 1)

     Commissioner Amy Lockhart (District 4)

Commissioner Brenda Carey (District 5)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy County Attorney Paul Chipok

Deputy Clerks Chariti Colon and Kyla Farrell

 

 

     Deborah Jepson, Central Florida Freethought Community, Oviedo, gave the Invocation.  Commissioner Carey led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Blessed Bean Coffee was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2020-1908

Motion by Commissioner Lockhart, seconded by Commissioner Carey, to adopt a Proclamation recognizing Electrician Mate 3 Paul R. Bertram, as Seminole County’s February 2020 Veteran of the Month.

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

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Agenda Item #2 – 2020-1909

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2020-R-18 recognizing Seminole County Battalion Chief Daniel Holder for 26 years of service.

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

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Agenda Item #3 – 2020-1903

Motion by Chairman Zembower, seconded by Commissioner Dallari, to adopt a Proclamation proclaiming February 11, 2020, as Heart of Florida United Way 211 Day in Seminole County.

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

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County Attorney Bryant Applegate left the meeting at this time and was replaced by Deputy County Attorney Paul Chipok.

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Agenda Item #4 – 2020-1910

Motion by Commissioner Carey, seconded by Chairman Zembower, to adopt a Proclamation proclaiming the month of February 2020 as Black History Month in Seminole County.

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

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Agenda Item #5 – 2020-1901

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt appropriate Resolution #2020-R-19 recognizing the 100-Year Anniversary of the City of Altamonte Springs.

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

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Agenda Item #6 – 2020-1905

Motion by Chairman Zembower, seconded by Commissioner Dallari, to adopt appropriate Resolution #2020-R-20 providing for the commitment to support the rights granted by the Second Amendment of the United States Constitution.

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

Chairman Zembower stated he thinks it is important that the County affirms and recognizes all of the Amendments to the Constitution and requested they consider having resolutions in support.  No objections were voiced.

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Commissioner Constantine advised the Women’s League of Voters has requested a proclamation supporting gun safety storage and requested staff bring that forward in May.  No objections were voiced.

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Agenda Item #7 – 2020-1906

Terry McCue, Environmental Services Director, recognized his staff for receiving the 2019 Drinking Water Plant Operations Excellence Award from the Department of Environmental Protection.

CONSENT AGENDA

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

With regard to Item #13, HOME Program Agreement with Habitat for Humanity of Seminole County and Greater Apopka, Inc., Commissioner Dallari stated his copy of the agreement was not signed by Habitat and requested clarification that Habitat agrees with everything.  Meloney Lung, Assistant County Manager, advised Habitat has executed the agreement.

Nicole Guillet, County Manager, announced Item #19, Resolution amending Section 20.38 of the Admin Code revising EMS fees, has been pulled from the agenda as staff is still working on the backup material, and it will be brought back at a later date.

Chairman Zembower requested Item #24, Red Cleveland Boulevard Right-of-Way/Easements, be pulled for separate discussion.

With regard to Item #8, Lease Agreement and Memorandum of Understanding with AdventHealth, Seminole County, and the Sheriff’s Office, Commissioner Carey stated this is another example of the collaborative leadership in the county and how they are on the forefront of ideas and taking the lead to address issues in the community.  The Commissioner thanked AdventHealth, the Sheriff’s Office, and staff that worked on this item.

With regard to Item #10, renaming Magnolia Drive to Bear Woods Lane, Commissioner Lockhart requested clarification on how names are chosen when renaming and why this is not being named to another flower.  Alan Harris, Emergency Management Director, responded the reason this particular street is being renamed is because there are multiple streets named Magnolia.  This street is a dirt road with only one person living on it.  There is a list of possible names and they allow the residents on the street to give input on the renaming.  The other street that is remaining as Magnolia has surrounding streets with flower names.

With regard to Item #20, Memorandum of Understanding between the University of Florida Board of Trustees, Florida Cooperative Extension Service, Institute of Food and Agricultural Services (IFIS), Commissioner Lockhart inquired about the transformation of the former agreement to the current agreement.  The Commissioner stated there was some confusion with the total rewrite and lack of redlining.  Chairman Zembower confirmed with the Board that everyone had received the latest changes.  Richard Durr, Leisure Services Director, responded this was actually initiated by the State in an effort to create consistent agreements with all of their county agencies, so to some degree, that is the reason why there was not a redline.  The original agreement goes back to 2007, and this was almost a complete reconstruction with new things appearing to create consistency across the state as well as with state statute.  This was an evolution of working with the State over the last year or so.

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

County Manager’s Office

Business Office

 8.  Approve and authorize the Chairman to execute the Addiction Recovery and Treatment Center Lease Agreement between AdventHealth and Seminole County Government for the establishment and maintenance of an Addiction Recovery and Treatment Center; and a Memorandum of Understanding between AdventHealth, Seminole County Government, and the Seminole County Sheriff’s Office that memorializes the Seminole County Sheriff’s Office’s obligations with respect to improvements.  (2020-1904)

Office of Emergency Management

 9.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-21 adopting the Local Mitigation Strategy 2020-2025.  (2020-XXXX)

Addressing

10. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-22 renaming Magnolia Drive to Bear Woods Lane.  (2020-1850)

 

Community Services

Community Development

11. 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 2020.  (2020-1896)

12. Approve and authorize staff to submit the Substantial Amendment and required attachments to the 2016-2017, 2017-2018, 2018-2019, and 2019-2020 One-Year Action Plans to the U. S. Department of Housing & Urban Development (HUD).  (2020-XXXX)

13. Approve and authorize the Chairman to execute the HOME Program Agreement with Habitat for Humanity of Seminole County and Greater Apopka, Inc., for the development of a single-family affordable homeownership unit.  (2020-1899)

 

Development Services

Planning and Development

14.  Approve the final plat for the Sipes Fehr subdivision containing four (4) lots on 1.3 acres zoned R-1, Single-Family Dwelling, located on the east side of Sipes Avenue, approximately 300 feet north of Hughey Street.  (2020-1865)

15. Authorize release of Performance Bond #SUR0021333 in the amount of $70,636.84 for Right-of-Way utilization of the west side of Martin Luther King Jr. Boulevard in relation to the HCME Corp Office.  (2020-1881)

16. Approve the replat for Lot 2 of the Central Parc at Howell Branch commercial subdivision as recorded in Plat Book 85, Pages 8 through 12, containing five (5) lots on 5.73 acres zoned PD, San Pedro/Lake Howell Reserve Planned Development, located on the north side of Howell Branch Road, east of Eastbrook Boulevard.  (2020-1900)

 

Environmental Services

Business Office

17.  Approve and authorize the Chairman to execute the Legal Services Consultant Agreement for Environmental Services Department Permitting Matters with de la Parte & Gilbert, P.A.  (2020-1888)

18.  Approve and authorize the Chairman to execute the Legal Services Consultant Agreement for Environmental Services Department Permitting Matters with Manson Bolves Donaldson Varn, P.A.  (2020-1886)

 

Fire Department

Business Office

19.  Pulled from the Agenda the request to approve and authorize the Chairman to execute a Resolution amending Section 20.38 of the Seminole County Administrative Code revising two (2) of the EMS transport rates, revising the mileage rate, and adding Section E. - Annual Fee Escalator.  (2020-XXXX)

 

Leisure Services

Extension Services

20.  Approve and authorize the Chairman to execute a Memorandum of Understanding between the University of Florida Board of Trustees, Florida Cooperative Extension Service, Institute of Food and Agricultural Services.  (2020-1892)

Greenways and Natural Lands

21.  Approve and authorize the Chairman to execute a Seminole County Natural Land Resident Caretaker Lease Agreement with Nicholas J. McClelland for the Econ River Wilderness Area.  (2020-1885)

 

 

Public Works

Engineering

22.  Approve and authorize the Chairman to execute a Contract for Sale and Purchase of Land and County Deed with Max A. Smith for a Seminole County-owned 0.13-acre vacant lot, Parcel #35-19-30-5AJ-0B00-0280, on Historic Goldsboro Boulevard, Sanford, Florida 32771.  (2020-1889)

23.  Approve and authorize the Chairman to adopt appropriate Resolution #2020-R-23 and execute a Purchase and Exchange Agreement and a County Deed for the sale and exchange of County property and property necessary for the construction and maintenance of a sidewalk along the westerly side of Airport Boulevard at SR 46 between Nicholas Balevich and Seminole County for $25,000.  (2020-1884)

24.  Pulled for separate a discussion.

Facilities

25.  Approve and authorize the Chairman to execute the Final Renewal and Eight Amendment to Seminole County Health Department and Community Services Lease with Pyensa, LLC.  (2020-1868)

 

Resource Management

Budget

26.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-24 implementing Budget Amendment Request (BAR) #20-033 through the Mosquito Control Grant Fund in the amount of $5,664 to recognize the increase in grant funds from the State of Florida Department of Agriculture and Consumer Services Mosquito Control Grant.  (2020-1874)

27.  Approve and authorize the Chairman to execute a Grant Agreement with FEMA through the Florida Division of Emergency Management for the Flood Mitigation Assistance program in acceptance of $136,072.07 for the purchase and demolition of property at 115 Wisteria Drive, Longwood, FL; and to execute appropriate Resolution #2020-R-25 implementing Budget Amendment Request (BAR) #20-034 through the Federal Mitigation Grant Fund in the amount of $151,191.19 to establish project funding that includes a $15,119.12 grant match requirement from General Fund Reserves.  (2020-1879)

28.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-26 implementing Budget Amendment Request (BAR) #20-036 through the 2014 Infrastructure Sales Tax Fund in the amount of $670,000 from the Howell Creek and Weathersfield Bridget Projects and $1,317,880 from reserves for a total of $1,987,880 for the Minor Bridge Repair Project.  (2020-1893)

29.  Approve and authorize the Chairman to execute the Certification of County Matching Funds contained within the Memorandum of Agreement between the Florida Department of State and the Seminole County Supervisor of Elections; and to execute appropriate Resolution #2020-R-27 implementing Budget Amendment Request (BAR) #20-037 in the amount of $50,641 through the General Fund to appropriate grant funding for cybersecurity initiatives.  (2020-XXXX)

30.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-28 implementing Budget Amendment Request (BAR) #20-038 through the General Fund to transfer $7,000 from the SGTV Operating to Capital budget for purchase of Coder Equipment for ADA Compliance.  (2020-XXXX)

31.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-29 implementing Budget Amendment Request (BAR) #20-039 through the Tourism Parks Fund for the replacement of the Soldiers Creek irrigation well in the amount of $60,000.  (2020-1897)

32.  Approve submittal of a grant application to the U.S. Department of Homeland Security Federal Emergency Management Agency (FEMA) Assistance to Firefighter Grant (AFG) requesting up to $2,500,000 for the replacement purchase of the Self-Contained Breathing Apparatus (SCBAs); authorize the County Manager to execute any documents associated with the grant application; and authorize the Chairman to execute a Budget Amendment Resolution (BAR) appropriating the grant revenues and match funding from reserves of the Fire Fund, if and when the grant is awarded to the County.  (2020-1895)

33.  Approve submittal of a grant application to the Department of Health and Human Services Substance Abuse and Mental Health Administration (SAMHSA), Center for Substance Abuse Treatment (CSAT), for the Strategic Prevention Framework-Partnerships for Success Grant requesting up to $300,000 per year for five (5) years; authorize the County Manager to execute any documents associated with the grant application; and authorize the Chairman to execute a Budget Amendment Resolution (BAR), if and when the grant is awarded to the County.  (2020-1882)

Purchasing and Contracts Division

34.  Award RFP-603662-19/BJC, Seminole County Impact Fees Consultant Services, to GovRates, Inc., Casselberry, in Partnership with Tindale-Oliver and Associates, Inc.; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2020-1871)

35. Approve Amendment #2 to Work Order #7, Druid Hills Water Main Distribution Upgrades, under PS-8186-13/DRR, CES Utility Improvement Projects, with Atkins North America, Inc., Orlando, in the amount of $27,559.40; and authorize the Purchasing and Contracts Division to execute the Work Order Amendment.  (2020-1890)

36. Award RFP-603658-19/TLR, Greenwood Lakes Playground, to PlayCore Wisconsin, Inc., Longwood, in the amount of $299,650.25; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2020-1837)

37. Approve the Mutual Termination of IFB-603564-19/TLR, Term Contract for Fire Alarm System Monitoring, Testing, Inspection & Maintenance, with Lock and Door Specialists, Inc. d/b/a American Surveillance and Access Control; award to Convergint Technologies, Orlando; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2020-1869)

38. Approve the Mutual Termination of IFB-603527-19/PJC, Term Contract for the Sweeping of Streets and Roadways throughout Seminole County, with Pete's Land Clearing, LLC, Clearwater; award to USA Services of Florida, Longwood; and authorize the Purchasing and Contracts Division to execute the documents.  (2020-1870)

Risk Management

39. Approve settlement of all outstanding claims, causes of action or rights, related to Claim #527286 and #281651, that the claimant may have against Seminole County for the total amount of $85,000, inclusive of attorney's fees; and authorize staff and counsel to execute all necessary settlement documents; Todd Gaddy.  (2020-1872)

 

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

 

Consent Agenda Item #24 – 2020-1907

Red Cleveland Boulevard Right-of-Way/Easements

Chairman Zembower confirmed with Jean Jreij, Public Works Director, that there is not a drainage concern or need for additional drainage at this time.  Upon request of the Chairman, Paul Chipok, Deputy County Attorney, explained this is a permanent nonexclusive easement.  If there was a superior public purpose or a need to use the right-of-way for something else such that the existing boundaries of the drainage easement and the placement of the facilities in the easement need to be removed or shifted around, the County cannot give that right up.  The language keeps it as a permanent easement subject to moving it if there is a superior public purpose.  Mr. Chipok advised when East Lake Mary Boulevard was built and Red Cleveland was going to be the primary entryway into the airport, the County acquired this property from the Airport. 

The Chairman confirmed the County has title to the property and inquired if the County, as the titleholder, can convey or sell to anyone at any time with proper evaluation, bidding, et cetera.  Mr. Chipok responded in a normal circumstance, the answer would be yes.  This is not a normal circumstance.  This was bought for right-of-way purposes and it was a fee simple, but it was bought under threat of eminent of domain.  Because of that, the case law in Florida and the courts' interpretation of the right-of-way statutes is if property is being released because it's no longer needed, it would fall under the same requirements as releasing right-of-way, which means it goes back to the original property owner.  Mr. Chipok explained how normally right-of-way is done through plats and the developer owns all of the property and then sells the lots that are on both sides of the street so if a street is vacated, half goes to each property owner because the interest in the property goes to the adjoining property owners.  In this situation, Red Cleveland is down the middle of the property.  The County acquired a much larger tract than just the physical pavement-to-pavement, curb-to-curb right-of-way, so in this situation, the whole parcel acquired was from the Airport.  And since the roadway is down the middle of the parcel, if the County were to vacate, it would not go to the adjoining property owners.  It would go back to the original property.

Chairman Zembower inquired if the County would have any exposure or risk in conveyance of easements or rights-of-way for any purpose other than right-of-way or an intended purpose of the taking of this property.  Mr. Chipok explained in a more typical situation, there would just be a right-of-way utilization permit for the crossing of access across the right-of-way to the property.  But in this situation, because of the unusual width and size of the right-of-way from the actual pavement to the adjoining property owner, an easement is more appropriate so it is defined what the rights and obligations of both the County and the developer would be for utilization of that area.

Motion by Commissioner Carey, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute an Infrastructure in Right-of-Way Agreement, Drainage and Landscape Easement, and Access Easement with Sojac, LLC, and Palmetto Property Partners, LLC, for the construction and maintenance of permanent improvements along Red Cleveland Boulevard, within the existing right-of-way.  (2020-1907)

With regard to public participation, Kenneth Wright, Shutts & Bowen, attorney representing Sanford Airport Authority, addressed the Board and advised a memo (received and filed) was sent yesterday to the County Manager from the president of the Airport that indicated an impasse, and Stephen Coover, Stephen H. Coover, PLLC, attorney representing the developer, also sent an email (received and filed) or memo indicating that as well.  Mr. Wright summarized the negotiations and then stated they would like to renew the Airport’s interest in acquiring this property and would hope to engage in conversation with staff and legal department to facilitate that.  Mr. Coover, addressed the board and stated Mr. Wright had fairly stated the situation.

No one else in the audience spoke and public input was closed.  Public Speaker forms were not received.

Under discussion, Chairman Zembower stated he would not be supporting this item because he does not find a public purpose or benefit to the citizens for granting it.  Commissioner Carey stated it is not uncommon for the County to work with developers to allow them to utilize stormwater ponds by enhancing them, and she does not find anything unusual about the request.  Commissioner Constantine advised he would not be supporting this item for the same reasons as indicated by the Chairman and because he thinks there is still ability to work this out between the two parties. 

Districts 4 and 5 voted AYE.

Districts 1, 2, and 3 voted NAY.

Motion fails 2 to 3.

Based on Mr. Wright's comments of wanting to continue discussion with staff, Commissioner Carey advised she is not interested in selling this property.  She stated she has read the document from the Airport that was sent to Mr. Coover.  She does not want staff to waste any time having any discussions about selling any of the County's assets in this particular location.  Unless the majority of the Board is interested in having that conversation, she thinks direction needs to be given to staff. 

Chairman Zembower stated he would ask staff to entertain any correspondence or conversation from any party who engages staff, and he has no desire for staff to ignore anyone.  The Chairman stated his direction would be staff should treat everybody equally and should have an open door to any requests and that would include on this matter or anybody else who has an interest in this matter.  Commissioner Lockhart requested clarification on the Chairman's direction because direction comes from the majority of the Board, and at this point she is not sure the majority of the Board has given direction.  Chairman Zembower clarified his expectations are that staff should treat everybody with an open-door policy on any requests.

Ms. Guillet stated with respect to the overall policy, staff does respond to anybody who reaches out.  However, Commissioner Carey has mentioned she has no interest pursuing this particular proposal from the Airport.  It would be helpful if direction could be given on whether or not the Board wants staff to continue talking with the Airport about some of their proposals.  Chairman Carey clarified she is not interested in having staff spend time with the proposal that the Airport has sent over in their memo yesterday. 

Chairman Zembower inquired of the Board if they want staff to be able to engage any offers from the Airport or any other parties in this matter.  Commissioner Constantine stated he believes they should be listening to all offers.  Commissioner Lockhart stated she is not particularly interested in selling this parcel because she would prefer that it be maintained as part of the County's right-of-way.  Commissioner Dallari stated staff must have the ability to review all inquiries. 

Ms. Guillet stated she understands the global opinion about potential discussions with respect to transfers of property.  However, on this particular issue, she requested clarification on if they want staff to continue talking with the Airport or not.  Commissioner Dallari responded on this particular issue, they are moving forward.  Chairman Zembower stated they have made a decision on this particular issue.  Commissioner Constantine stated he did not have any problems with staff receiving requests and then responding to them and bringing it back to the Board.

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to allow staff to have latitude to work on any project that has been proposed by legitimate offers including this.

Districts 1, 2, and 3 voted AYE.

Districts 4 and 5 abstained from voting.

Motion passes 3 to 2.

Constitutional Officers’ Consent Agenda

Clerk & Comptroller’s Consent Agenda Item #40

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve Expenditure Approval Lists dated January 21 and 27, and February 3 and 10, 2020; Payroll Approval Lists dated January 23 and February 6, 2020; and the BCC Official Minutes dated October 8 and 22, November 12, December 10, 2019, and January 14, 2020; Clerk and Comptroller's "Received and Filed" is for information only.  (2020-1902)

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

 

Clerk & Comptroller’s “Received and Filed” Documents

1.    Public Officer Oaths for Lori Patton, Code Enforcement; Stephen Smith, Planning and Zoning; Brian Hacker and Jonathan Sturgill, Seminole County Industrial Authority; Matt Criswell and Cliff Miller, Seminole County Port Authority.

 

2.    FPSC Order #PSC-2020-0028-CO-EI issued January 16, 2020.

 

3.    Bill of Sale accepting the water system for the project known as Estates at Wellington.

 

4.    Performance Bond #SU1162761 in the amount of $197,970.83 for Brookmore Estates Phase 3; Recording of Plats and Title Opinion.

 

5.    Maintenance Bond #SU1162764 in the amount of $11,393.23 for Brookemore Estates Phase 3.

 

6.    Performance Bond #CMS255480 in the amount of $3,076,837.28 for the Cadence Park subdivision; Recording of Plats and Title Opinion.

 

7.    Performance Bond #59BSBIG1762 in the amount of $73,253.87 for the Crestwood Estates subdivision.

 

8.    Performance Bond #2297027 in the amount of $711,739.60 for the Legacy Pointe subdivision.

 

9.    Performance Bond #107184197 in the amount of $41,800.00 for Cameron Heights Village C; Recording of Plats and Title Opinion.

 

10.    Performance Bond #ERL2700359 in the amount of $106,823.00 for the Tesoro Townhomes subdivision.

 

11.    Performance Bond #107131285 in the amount of $948,909.00 for the Town Park Commons subdivision.

 

12.    Satisfaction of Nuisance Abatement Lien filed against Antonio Infante in the amount of $4,565.88.

 

13.    Approval Development Order #19-30000107, 822 Heather Glen Circle, Alan Ward and Tina Evola.

 

14.    CDBG Subrecipient Agreement Program Year 2019-2020 and First Amendment to CDBG Subrecipient Agreement Program Year 2019-2020 with The Christian Sharing Center, Inc., as approved by the BCC on July 23, 2019, as part of the 2019-2020 One-Year Action Plan.

 

15.    CDBG Subrecipient Agreements Program Year 2019-2020 with Kids House of Seminole, Inc. and Seniors First, Inc., as approved by the BCC on July 23, 2019, as part of the 2019-2020 One-Year Action Plan.

 

16.    Habitat for Humanity of Seminole County and Greater Apopka, Inc. 2019-2020 HOME Program Agreement.

 

17.    Tourist Tax Funding Agreement with 3 Step Sports, LLC, for the 2020 NFHCA Winter Escape Showcase.

 

18.    Tourist Tax Funding Agreements with Nations Baseball, LLC, d/b/a DS Sports Ventures for the 2020 Nations Baseball February Tournaments and 2020 Nations Baseball January Tournaments.

 

19.    Tourist Tax Funding Agreements with Perfect Game USA, Inc., for the 2020 National Underclass East & 14U Showcases and 2020 Frozen Ropes.

 

20.    Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc., for the 2020 February 60s Senior Softball Tournament.

 

21.    Tourist Tax Funding Agreement with Spring Break Sports, Inc., for the 2020 Spring Break Event.

 

22.    Tourist Tax Funding Agreements with Suncoast Athletics Sports Group, Inc., for the 2020 President’s Day Select 30 SNIT and 2020 Central Florida SNIT.

 

23.    Tourist Tax Funding Agreement with University Athletic Association for the 2020 UAA Men’s and Women’s Tennis Championships.

 

24.    Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC, for the 2020 Elite Championship.

 

25.    Parks Contracts for Services with Sarah Collins, Mara Granger (2), Jesus Lopez, Aldo Mayorca, Matthew Mero, Mario Ortiz, Andy Petersen, and Giannina Risco.

 

26.    Tennis Developmental Instructor Agreement with Grace Wilson.

 

27.    Amendment #1 to Work Order #42 to PS-0009-15 with Pegasus Engineering, Inc.

 

28.    Work Order #62 to PS-0009-15 with Pegasus Engineering, Inc.

 

29.    First Amendment to PS-0033-15 with Bentley Architects & Engineers, Inc.

 

30.    Work Order #32 to RFP-0336-15 with Miller Electric Company.

 

31.    Work Order #33 to RFP-0336-15 with Miller Electric Company.

 

32.    Amendment #5 to Work Order #2 to PS-0426-16 with England-Thims & Miller, Inc.

33.    Closeout to Work Order #22 to CC-0059-15 with Southland Construction, Inc.

 

34.    Work Order #26 to CC-0559-15 with Central Florida Environmental Corp.

 

35.    Amendment #1 to Work Order #2 to PS-0801-16 with Geosyntec Consultants.

 

36.    Closeout to CC-0892-16 with Pac Comm, Inc.

 

37.    Change Order #1 to Work Order #26 to RFP-1294-17 with M&J Enterprises Int’l, Inc.

 

38.    Work Order #8 to CC-1391-17 with Schuller Contractors, Inc.

 

39.    Work Order #11 to PS-1474-17 with S2L, Inc.

 

40.    Work Orders #9 and #10 to PS-1522-17 with Tierra, Inc.

 

41.    Work Order #11 to PS-1522-17 with Ardaman & Associates, Inc.

 

42.    Work Order #11 to PS-1529-17 with Iteris, Inc.

 

43.    Amendment #1 to Work Order #7 to PS-1709-18 with E Sciences, Inc.

 

44.    Work Order #14 to PS-1822-18 with Reiss Engineering, Inc.

 

45.    Work Order #26 to PS-1832-18 with England-Thims & Miller, Inc.

 

46.    Work Order #29 to PS-1832-18 with CDM Smith, Inc.

 

47.    Work Order #30 to PS-1832-18 with Tierra, Inc.

 

48.    Work Order #11 to PS-1998-18 with E Sciences, Inc.

 

49.    Amendment #2 to Work Order #1 to PS-2225-19 with Atkins North America, Inc.

 

50.    Change Orders #1 and #2 to CC-2352-19 with Comanco Construction Corp.

 

51.    Change Order #1 to CC-2438-19 with Black Street Enterprises, LLC.

 

52.    Change Orders #2 and #3 to CC-2466-19 with Morrissette Electric, Inc.

 

53.    Work Order #1 to PS-2483-19 with Ayres Associates, Inc.

 

54.    Change Order #1 to CC-2498-19 with Mid-South Contractors.

 

55.    Change Order #1 to M-2641-19 with Genset Services, Inc.

 

56.    Construction Services Agreement, CC-2793-19, with U.S. Veteran Contractors, LLC.

 

57.    Basic Agreement, M-2942-20, with Tierra, Inc.

 

58.    Twenty-First Amendment to RFP-601461-12 with Florida Cleaning Systems, Inc.

 

59.    First Amendment to RFP-602368-15 with MSL, P.A.

 

60.    Second Amendment to RFP-602491-16 with Tetra Tech, Inc.

 

61.    Second Amendment to IFB-602969-17 with Palmdale Oil Company, Inc. (Primary Contractor).

 

62.    First Amendment to IFB-603244-18 with Hire Quest, LLC.

 

63.    First Amendment to IFB-603273-18 with DBi Services, LLC.

 

64.    Term Contract, IFB-603634-19, with Go Travel, Inc.

 

65.    Term Contract, BID-603641-19, with BK Earnest, LLC.

 

66.    Term Contract, IFB-603692-19, with Jason C. Sniffen, DO d/b/a Infection Control Consultants.

 

67.    Professional Services Agreement, RFP-603659-19, with Florida Housing Coalition, Inc.

 

68.    Term Contract, IFB-603700-19, with Cypress Supply, Inc.

 

69.    Work Order #4 to PS-8005-12 with CDM Smith, Inc.

 

70.    Amendment #1 to Work Order #50 to PS-8186-13 with Reiss Engineering, Inc.

 

71.    Amendment #2 to Work Order #53 to PS-8186-13 with Hazen and Sawyer, P.C.

 

72.    Amendment #5 to Work Order #26 to PS-8286-13 with Kittelson & Associates, Inc.

 

73.    Amendment #2 to Work Order #4 to PS-9464-14 with GAI Consultants, Inc.

 

74.    Work Order #16 to RFP-9601-14 with Revere Controls Systems, Inc.

 

75.    Amendment #1 to Work Order #4 to PS-9983-14 with Atkins North America, Inc.

 

76.    Bids as follows:

 

IFB-603700-19 from 5 Star Enterprise, Inc.; Central Poly-Bag Corp.; Cypress Supply, Inc.; Dade Paper & Bag, LLC, d/b/a Imperial Dade; Interboro Packaging Corporation; Pyramid School Products; W.B. Mason Co., Inc.;

 

PS-2717-19 from CGL Companies, LLC; Project Management Advisors, Inc.; PMA Consultants, LLC; The Roderick Group, Inc. d/b/a Ardmore Roderick; ZHA Incorporated;

 

CC-2793-19 from U.S. Veteran Contractor, LLC; Black Street Enterprises, LLC, d/b/a BSE Construction Group; Glen Holt Aluminum, LLC; RAK General Contractors, Inc.; and

 

RFP-603642-19 from The Olson Group, Ltd.; Carlisle Thompson, LLC; Soundside Consulting, LLC; Thomas Howell Ferguson, P.A.; Witt O’Brien’s, LLC; Tidal Basin Government Consulting, LLC; APTIM Environmental & Infrastructure, LLC.

 

Sheriff’s Office Consent Agenda Item #41

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve expending $100,000 from the Local Law Enforcement Trust Fund to apply toward the Fiscal Year 2019/2020 annual cost of the Agency’s new Smart Weapon System.  (2020-XXXX)

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

 

Sheriff’s Office Consent Agenda Item #42

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve expending $25,000 from the Local Law Enforcement Trust Fund to provide for a contribution to Rescue Outreach Mission of Central Florida.  (2020-XXXX)

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

 

COUNTY INVESTMENT ADVISOR’S REPORT

     Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed).  Mr. McIntyre expressed there is the possibility of a global recession in the first quarter due to the coronavirus expanding globally and causing a reduction on manufacturing.  The Institute for Supply Management Surveys slide information has become irrelevant.  The Employment slide information can also be somewhat discounted.  The Available Investment Options are significantly lower today.  The 36-month Treasury is trading at 1.19% and the 24-month Treasury is trading at about 1.25%. 

In response to the request to consider a proposed policy change of increasing CD limitation from 20% to 25%, Commissioner Carey noted there will be a budget work session in two weeks and suggested that would be a good time to talk about the investment policy.  Commissioner Dallari confirmed with Mr. McIntyre that the Board has time to discuss the policy change request in two weeks at the work session and a decision does not need to be made today.

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

Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt the recommendations of the County’s Financial Advisor based on the presentation and report submitted today and to direct the Clerk to implement said Board-adopted recommendations.

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

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     Chairman Zembower recessed the meeting at 11:12 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Chariti Colon who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.

EMPLOYEE SPOTLIGHT

Steve Fussell, Office of Organizational Excellence, addressed the Board to present The Employee Spotlight video featuring Sharon Gam.

 

 

 

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

 

Item #43 – 2020-1797 – Continued from January 28, 2020

Oregon Avenue Right-of-Way Vacate/Tom Stiffey

Danalee Petyk, Planning and Development, addressed the Board and presented the item as outlined in the agenda memorandum.  She noted the item was continued from the January 28 meeting and staff recommends approval.

Craig Shadrix, 2612 Amaya Terrace, on behalf of the applicant, advised he supports staff’s recommendation.

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

     Commissioner Carey noted the last time this item was heard, she asked for a continuance to make sure that the County would have sources of access, and staff has confirmed they would.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2020-R-30 vacating and abandoning an uncut portion of the public right-of-way known as N. Oregon Street, as recorded in Plat Book 1, Pages 127 and 128, in the Public Records of Seminole County, Florida; Tom Stiffey.

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

Item #44 – 2020-0002

W. 6th Street Rezone/Jeff Mann

     Joy Giles, Planning and Development, addressed the Board and presented the item as outlined in the agenda memorandum.  She advised staff recommends approval.  It was determined the applicant was present but did not wish to speak.

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

     Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt Ordinance #2020-04 enacting a Rezone from R-3 (Multi-Family Dwelling) to R-1B (Single Family Dwelling) on approximately 0.21 acres, located on the south side of W. 6th Street, approximately 275 feet east of Langford Drive; Jeff Mann.

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

Item #45 – 2020-0001

I.P. Office PD Rezone/International Pkwy Sanford, LLC

     Ms. Giles presented the item as outlined in the agenda memorandum and stated staff recommends approval.

     Kannan Srinivasan, property owner, addressed the Board and noted he feels this project will create some high-paying jobs in the county and remove some of the eyesores on International Parkway.

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

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance #2020-05 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for 0.46 acres, located on the east side of International Parkway, ¼ mile south of Wayside Drive; International Pkwy Sanford, LLC.

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

Item #46 – 2018-0791

LDC Amendment for Vacation Rentals

     Rebecca Hammock, Development Services Director, addressed the Board and presented the item as outlined in the agenda memorandum.  She stated the proposed annual registration fee is $250, and the ordinance includes a provision that all or a portion of the County’s proceeds from the fees may be allocated to an affordable housing trust fund.  She reviewed the details or the ordinance and which vacation rentals it would apply to.  Ms. Hammock advised staff recommends approval.

     With regard to public participation, George Sellery, 5231 Shoreline Circle (submittal received); Rich Maladecki, Orlando; Robert Hunt, address exempt; John Scales, 900 Crooked Oak Court; and Bruce Skwarlo, 1538 Cherry Blossom Terrace, spoke in support.

     County Manager Nicole Guillet advised the County is not permitted by state law to prohibit short-term rentals.  This ordinance is only intended to regulate them.

     Ed Bayton, 4001 S. Tuskawilla Road; Paula Spann, 338 Lake Dawson Place; Robert Arnold, 801 W. State Road 436; Walter Grundorf, 3400 Whitner Way; Michael Presutti, 980 Elm Street; August Byllott, 1448 Carrington Avenue; Alexa Michna, 1434 W. Main Street; Lisa Eichenblatt, 317 Park Place (P.O. Box 521725); Jeff Fagan, 1485 Travertine Terrace; David Wilson, 5071 Edgewater Drive; Theresa Barton, 1201 Homosassa Court; Jennifer McMurtray, 217 Lincolnshire Road; Pansy Vaz, 1111 E. Lakeview Circle; Connie O’Hanlon, 827 Division Street; and Kari Lyke, 2200 Winter Springs, spoke in opposition.

     Written Comment Forms were submitted by Kathy Layman, 3404 Holliday Avenue; Jeff Peterson, 998 Elm Street; and Lorraine Nash (no address provided). 

     No one else in the audience spoke, and public input was closed.  Public Comment Forms and Written Comment Forms were received and filed.

     At the request of Chairman Zembower, Deputy County Attorney Paul Chipok clarified what type of rentals this ordinance would apply to.

     Motion by Commissioner Carey, seconded by Commissioner Lockhart, to deny the ordinance amending the Land Development Code to provide regulations for short-term vacation rentals, as defined in F.S. 509.242, within unincorporated Seminole County.

     Under discussion, Chairman Zembower asked whether or not it was permitted to have transient use where someone owns a home in a single-family zoned setting, and Mr. Chipok answered they are preempted by the State.  Mr. Chipok added the County can’t prohibit them, and they cannot limit the minimum or maximum amount of time that they can be rented.  Chairman Zembower asked if the single-family housing category should be changed to include transient use, and Mr. Chipok answered it doesn’t need to be because under state statute it’s already included. 

     Districts 2, 4, and 5 voted AYE.

     Districts 1 and 3 voted NAY.

     Motion to deny passes 3 to 2.

     This item was reconsidered after the recess.

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     The Chairman recessed the meeting at 4:17 p.m., reconvening at 4:28 p.m.

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     Chairman Zembower advised he was confused on what was indicated regarding preemption and asked for reconsideration regarding the vote for Item #46, LDC Amendment for Vacation Rentals.

     Motion by Commissioner Dallari, seconded by Commissioner Constantine, to reconsider the vote for the denial of an ordinance amending the Land Development Code to provide regulations for short-term vacation rentals, as defined in F.S. 509.242, within unincorporated Seminole County.

     Districts 1, 2, and 3 voted AYE.

     Districts 4 and 5 voiced concern regarding the motion.  To clarify Mr. Chipok announced on a motion for reconsideration, it has to be brought by somebody that was in favor of the motion that passed so the Chairman would have to make that motion but it can be seconded by anybody. 

     Chairman Zembower surrendered the gavel to Vice Chairman Constantine.  Vice Chairman Constantine said the motion was made by Commissioner Zembower, seconded by Commissioner Dallari, and has been moved to reconsider.  The vote was three to two in favor of reconsideration, and they are now on reconsideration of Item #46.  Vice Chairman Constantine returned the gavel to Commissioner Zembower to resume the duties of Chairman. 

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt Ordinance #2020-06 amending the Land Development Code to provide regulations for short-term vacation rentals, as defined in F.S. 509.242, within unincorporated Seminole County.

     Under discussion, Chairman Zembower advised during the break he spoke with the County Attorney regarding preemption and realized he had misunderstood what was stated during the meeting.  Commissioner Constantine stated the fact of the matter is, it is a business in residential zoning and is growing rapidly.  He believes very strongly they should do everything they can to protect the people that live in the community and expressed why he also supports the related resolution.

     Commissioner Lockhart stated if this ordinance is going to be approved, which she is not in favor of, it has some picayune details in it that are beyond cumbersome including “posting of parking areas on a refrigerator door” and “posting emergency information on the interior main egress door and the inside of the doors of all sleeping rooms”.  What bothers her the most is line 259 on page 12 of 15, which talks about non-compliance inspections.  She feels very uncomfortable and unnerved by the idea of adding that layer of government intrusion into the County ordinances.  Commissioner Lockhart discussed the legislature possibly impacting this ordinance.  Commissioner Carey voiced she thinks this is a very overreaching ordinance with the inspections and several other things.  She suggests that if the majority of the Board wants to have some type of regulation, they continue the item and provide an opportunity to work with the Board of Realtors to come up with something that is not as intrusive as the ability to inspect and those type of things. 

     Commissioner Carey pointed out they have had over a hundred public speakers come down several different times on this same particular item to express their opposition and most of them have already left thinking the Board isn’t going to approve this type of regulation, and now the Board is changing the situation.  She thinks it would be reasonable to further work on the language of the ordinance with the Board of Realtors.  She advised this is a slippery slope and she is very concerned about what just happened.

     Commissioner Dallari submitted a document circulated by Chairman Zembower’s office dated February 24, 2020 (received and filed).  He stated it has some conflicting information in it so he would like to talk about that with the Central Florida Association of Realtors.  After that, he would like to ask the Fire Chief to talk about National Fire Protection Association 101 regarding short-term rentals.  A spokesperson from Central Florida Association of Realtors addressed the Board and discussed the Commissioner’s submittal.  She advised the article is more of a news article versus a statement on behalf of the National Association of Realtors.  Matt Kinley, Interim Fire Chief, addressed the Board and discussed fire protection systems, lighting, and alerting devices for the deaf and the blind when it comes to lodging and hotels.  There was a brief question and answer discussion with Chief Kinley.  Commissioner Carey stated there’s no point in passing an ordinance and then bringing it back to fix it with the Board of Realtors when the Board could simply continue it for a month and address any concerns that the Fire Chief has.

     Districts 1, 2, and 3 voted AYE.

     Districts 4 and 5 voted NAY.

     Motion passes 3 to 2.

Item #47 – 2018-0790 – Non-Public Hearing Item

Short Term Vacation Rental Registry Fee

Amendment to County Code Fee Schedule

     Ms. Hammock presented the item as outlined in the agenda memorandum.

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

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt appropriate Resolution #2020-R-31 amending the Seminole County Administrative Code to revise Section 20.10(L) Permit Fees to add subparagraph (9), Short-Term Vacation Rental Registration Fee, as administered by the Development Services Department, Planning and Development Division.

     Districts 1, 2, and 3 voted AYE.

     Districts 4 and 5 voted NAY.

     Motion passes 3 to 2.

Item #48 – 2020-1867

Transmittal of Paola Country Estates Large Scale

Future Land Use Amendment and PD Rezone/Zach Miller

     Ms. Giles presented the item as outlined in the agenda memorandum.  Staff recommends transmittal.

     Zachary Miller, Applicant, addressed the Board and discussed his project.  He mentioned County standards, zoning, density, buffers, sidewalks, road improvements, traffic, stormwater retention, and the black bear preserve.

     With regard to public participation, Karen Barnard, 200 Cove Lake Court; Paula Spann, 338 Lake Dawson Place; and Thomas Skelton, 207 N. Moss Road, spoke in support.  Jim Sharpe, 102 Old Hickory Court; Jack Thurber, address exempt (submittal received); Stacey McMonagle, 5121 Michigan Avenue; George Sellery, 5231 Shoreline Circle (submittal received); Pete Buis, 5376 Ohio Avenue (submittal received); Gary Mellen, 5395 Ohio Avenue (submittal received); Patricia Czar, 5395 Ohio Avenue (submittal received); Crystal Marmo, 5092 Ohio Avenue;  Aaron Koref, 5050 Ohio Avenue (submittal received); Sandra Yaccarino, 1427 New York Street (671 Middlebury Loop) (submittal received); Michael Yaccarino, 1427 New York Street (671 Middlebury Loop); Jesse Johnson, 1527 New York Street; Tom Haller, 1731 Beacon Drive and 4770 Nebraska Avenue (submittal received); Richard Odell, 5001 Nebraska Avenue; Elizabeth Hendrick, 1363 N. Delaware Street; Sarah Richards, minor; Jolea Falk, 5270 Michigan Avenue; Scott Richards, 5212 Michigan Avenue (submittal received); Cindy Haller, 1731 Beacon Drive (submittal received); Blaize McMonagle, 5121 Michigan Avenue; Cheryle McClellan, 5358 E. Ohio Avenue; Earl McClellan, 5358 E. Ohio Avenue; Joe Humphreys, 883 Cardinal Pointe Cove (submittal received); David Giordani, 5280 Michigan Avenue; Lori Odell, 5001 Nebraska Avenue (submittal received); Wafa Esposito, 5040 Hawks Hammock Way; H. Alexander Duncan, P.O. Box 620092; Kimberly Buchheit, 252 Spring Run Circle (submittal received); Katrina Shadix, 1133 Covington Street (submittal received); and Nancy Harmon, 752 Pioneer Way, spoke in opposition.

     Written Comment Forms were submitted by Brandy and David Haines, 5260 Michigan Avenue; Miljana Price-Williams, 5171 Michigan Avenue; Richard Wesley, 5079 Ohio Avenue; Debra Davidson, 5291 Michigan Avenue; Carmen Butera, 5348 Ohio Avenue; Donna Dettmer, 5321 Michigan Avenue; Gary Varner, 1427 N. Delaware Street; Patricia Varner, 1427 N. Delaware Street; Mike Butera, 5348 E. Ohio Avenue; Dianne Westbrook, 7080 Tallow Tree Road; Edward Rickman, 1694 Astor Farms Place; Mario Plaza, 4799 Cains Wren Trail; Betty Haynes, 4815 Cains Wren Trail; Beah Imhoff, 1711 Swallowtail Lane; George Arent, 5080 Ohio Avenue; Suzanne Arent, 5050 Ohio Avenue; Tino Hall, Cains Wren Trail; Gary Marmo, 5092 Ohio Avenue; Sheri Bass, 5376 Ohio Avenue; Angela Beverly, 4595 Nebraska Avenue; Kathy Koref, 5050 Ohio Avenue; Lizzy Haller, 1731 Beacon Drive; Vaughn Sterman, 5000 Ohio Avenue; Dianne Anthony, 5000 Ohio Avenue; and Denise Johnson, 5070 Ohio Avenue.

     No one else in the audience spoke, and public input was closed.  Public Comment Forms and Written Comment Forms were received and filed.

     Mr. Miller discussed flooding which was a common concern among the public speakers.  An extensive question and answer discussion was had between the Board, staff, and the applicant.

     Commissioner Lockhart asked if there was a way for Planning staff to show a holistic view of trend of development including everything that is being built in the are and not just dense developments.  Ms. Giles answered that is certainly something staff could provide in their presentation.  They could provide an overall map showing within a certain date what single-family residences had been built even if the FLU and zoning for that type of development was already existing.  Ms. Hammock explained normally for a land use change, part of the criteria that they look at is if the character of the area has changed so that is what staff uses for a basis for consistency in compatibility.  The character of an area is considered to be changing when developments are approved adding an increased density or increasing density of what is already existing.

     Commissioner Carey discussed why she is in support of staff’s request with the minor change in density from 2.3 units per acre to 2 units per acre.

     Motion by Commissioner Carey, seconded by Commissioner Zembower, to transmit the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development at a density of 2 units per acre, to State and regional review agencies; and, subject to final approval and adoption of the Large Scale Future Land Use Amendment Ordinance, adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for approximately 16.11 acres, located at the southeast corner of New York Street and Ohio Avenue; Zach Miller.

     Under discussion, Commissioners Dallari, Constantine, and Lockhart advised why they would not support the motion.  Chairman Zembower explained it is certainly a challenge to determine where to draw the line for development.  He agrees with staff’s analysis that the trend in the general area is much denser surrounding the property.  Commissioner Carey stated if they are going to redraw the Future Land Use Map of the county, they need to go about it sooner than later.  She thinks they may be sending mixed signals to the development community and the land owners because the Board does different things all around and then they don’t want to allow something compatible right next door.  The Commissioner advised everyone needs a clear understanding of what the vision is of the Board; and if it’s different, they need to say it’s going to be different.  Until they change their policy, they still need to use transitional zoning and other things to try to protect areas, which is why she made the motion the way that she did.

     Commissioner Lockhart stated if they approve it at two units per acre, the folks that are backing up to it on larger lots are going to feel compelled at some point in time that it is time for them to go too because the area has changed and it is not what they bought there for.  She thinks there is a domino effect and doesn’t know how they stop it.

     Chairman Zembower asked Ms. Hammock to explain how staff arrived at recommending transmittal.  Ms. Hammock advised staff based their decision on the previous policy decisions of the Board in approving the projects and the trend of development that was approved previously from changing the land use from Suburban Estates to Planned Development with various land uses that were greater than one dwelling unit per acre.  They also have the Compatible Transitional Land Uses Table within the Comprehensive Plan that shows that Suburban Estates is compatible with Low Density Residential and Low Density Residential goes up to four dwelling units per acre.  Chairman Zembower asked if they were looking at this property differently than they would look at a property anywhere else in the county, and Ms. Hammock answered no.  Chairman Zembower confirmed with Ms. Hammock there is no overlay or protection area on this property.  Upon inquiry by the Chairman, Ms. Hammock discussed open space requirements.

     Districts 2 and 5 voted AYE.

     Districts 1, 3, and 4 voted NAY.  

     Motion failed 2 to 3.

     Commissioner Carey discussed New York Avenue and asked for consensus of the Board to have staff look at whether or not there is a possibility of making some improvements and placing some “No Parking” signs and maximum-capacity warnings.  No objections were voiced.   

     Chairman Zembower stated there was a resident present that had questions as to why staff has not replied to emails he has sent.  Ms. Guillet advised she has taken notes so she can contact some of the residents who spoke in regard to this item.

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     Chairman Zembower recessed the meeting at 7:00 p.m., reconvening at 7:18 p.m.

LEGISLATIVE UPDATE

     Tricia Johnson, Deputy County Manager, addressed the Board and provided the Legislative Update.  She discussed the budget and appropriation requests.  Staff is monitoring a number of bills that are still circling around including home rule, vacation rentals, and impact fees.  Ms. Guillet discussed a bill that was just introduced on establishing a task force on local government to study local government efficiency.  Ms. Johnson noted a priority bill that establishes a grading system for all cities and counties in the state that would focus on schools, crime, debt, and budget.

COUNTY MANAGER’S REPORT

     Ms. Guillet advised she is requesting the Board’s confirmation of Allison Thall as the Community Services Director.

     Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve Allison Thall as the Community Services Director.

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

     Ms. Guillet provided an update on bear cans, the Citizens Academy, the Land Development Code, revisions to the Interlocal Agreement with the School Board and the seven cities, the Natural Lands referendum, and the site plan for Fire Station #11.

DISTRICT REPORTS

District 3

     No report.

District 4

     Commissioner Lockhart stated she attended a Rescue Outreach meeting, and the Board really needs to give the Rescue Outreach Mission board a date of when it is the Board anticipates to have a plan from their board of what their plan is.  The Board needs to work with staff to figure out what may be realistic in regard to establishing a timeline for the plan.  The Commissioner discussed the How Did We Grow? campaign and asked if staff could provide the Board a briefing on that.

District 1

     Commissioner Dallari discussed the Turnpike Authority and widening SR 417 through the county.  The State, through the Turnpike Authority, is now wanting to widen SR 417 from the Seminole/Orange County line up to Lake Jesup, and MPO just approved the PD&E study.  There will be no “toll within a toll,” and it will be all general-use lanes.  Commissioner Carey noted, as the chairman of the Expressway Authority, they are trying to schedule a meeting to talk with the Governor regarding the Seminole County section and the other three parcels that the Turnpike Authority has.  It may be a good time for them to try to talk about that purchase before they invest that money.

     Commissioner Dallari reported on SunRail and asked the Chairman to schedule it as a discussion item before the next SunRail meeting on April 30 because FDOT wants them to take a position on how far to go; all the way to DeLand or stop in DeBary.  Chairman Zembower responded they will see about getting that on the agenda as soon as possible.

     In regard to Horseshoe Lake MSBU Lake Management, Paul Janke has been serving on that board and he had asked to be replaced.  Mike Vathe has volunteered.

     Motion by Commissioner Dallari, seconded by Chairman Zemboewr, to appoint Mike Vathe to the Horseshoe Lake MSBU Lake Management board; and send a letter of thanks to Paul Janke for his service.

     Under discussion, Commissioner Dallari explained why they appoint this MSBU liaison.  Commissioner Lockhart asked if staff could add that to the board appointment list since they are keeping track, and Ms. Guillet answered yes.

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

     Commissioner Dallari attended a Friends of the Wekiva River meeting and he was informed that the Lake County Commission is going to be entertaining the potential of putting a borrow pit just across the Seminole County line in Lake County.  He has several concerns and would like staff to get some additional information and research how it would affect the county’s aquifer.  Chairman Zembower asked for consensus of the Board to support Commissioner Dallari’s request.   There was consensus of the Board.

     Commissioner Dallari congratulated two firefighter paramedics for receiving the First Responders Award from the Lake Mary Rotary Club in February and asked to bring them to a future Board meeting to give them a public thanks.

 

 

District 5

     Commissioner Carey asked if the Board was interested in pursuing further conversation regarding interest-based bargaining because they had a presentation at the last meeting and she thought it was intriguing in a lot of ways and would like to learn more about it.  No objections were voiced.

     Commissioner Carey reported on the Sanford Airport Authority, a Lockheed Martin aerospace event, the Expressway Authority, the CUTR (Center for Urban Transportation Reporting) report, and the 33rd Annual Lake Mary Heathrow Art Festival.

District 2/CHAIRMAN’S REPORT

     Chairman Zembower discussed a FEMA grant for Retreat Road.  The Chairman asked for direction from the Board regarding the reallocation of dates for work sessions from June 9 to June 16.  He noted several commissioners had a conflict with June 9.  No objections were voiced.  Chairman Zembower announced he will let staff assume June 16 is the date they will hear those scheduled work sessions.  The Chairman briefly talked about the Citizens Academy.  Ms. Guillet congratulated the Chairman on the State of the County.  Commissioner Carey asked if that was on the County’s website, and Ms. Guillet answered staff is working on getting it up if it’s not up already.

COMMUNICATIONS AND/OR REPORTS

 

1.            Letter dated January 23, 2020, from David Johnson, Property Appraiser, to Chairman Zembower in response to the Chairman’s letter on Five Points Master Plan discussions.  C:  BCC Members

 

2.            Letter dated January 24, 2020, from Grant Maloy, Clerk of the Court and Comptroller, to Chairman Zembower in response to the Chairman’s letter on Five Points Master Plan discussions.  C:  BCC Members, County Manager

 

3.            Letter dated January 29, 2020, from Frank Martz, Altamonte Springs City Manager, re: the City’s inclusion of the Seminole County Manager in connection with future updates on their Mobility Plan and Fee Ordinance.  C:  BCC Members

 

4.            Letter dated January 28, 2020, from Richard Prudom, Department of Elder Affairs Secretary, and Jeanne Curtin, Director of Livable Communities, to Chairman Zembower re: Invitation to consider joining AARP’s Livable Florida.  C:  BCC Members

 

5.            Letter dated January 30, 2020, from Jean Vansmith, Executive Director of the Foundation for Seminole County Public Schools, to the Board of County Commissioners thanking them for their donation to and support of Midway Safe House. 

 

6.            Letter dated February 17, 2020, from Georgia Lorenz, President of Seminole State College, to Seminole County Commissioners re: Strategy to offer workshops to promote college-going in community spaces and partnering with the community as the Rosenwald School is potentially redeveloped as a community center.

 

7.            Letters dated December 10, 2019, from Chairman Zembower to the Honorable Robert Wilkie, Secretary of Veterans Affairs, and the Honorable Ben Carson, Secretary of U.S. Department of Housing and Urban Services Development re: HUD VASH Vouchers.  C: BCC Members, County Manager, Acting Director of Community Services, Veteran Services Officer, County Attorney, Senior Assistant County Attorney.

 

ITEMS FOR FUTURE AGENDA

     Commissioner Lockhart stated she would like to talk about the process for putting things on future agendas.  She doesn’t believe they have an actual process in place to do that.  Chairman Zembower advised he has asked the County Manager to come up with a policy.  Ms. Guillet stated staff is working on a policy for the Board to approve.

PUBLIC COMMENT

     Katrina Shadix, 1133 Covington Street, spoke about saving money by using bear straps instead of bear-proof trashcans.  Gabrielle Milch, 252 Coble Drive, spoke about the benefit of the Plant A Billion Trees program to offset the loss of habitat for economic gain. 

     A group of speakers was present to comment on River Cross, LLC/Econ wilderness area.  Chairman Zembower asked the Deputy County Attorney to address the issue for the benefit of the public and the Board.  Mr. Chipok advised in regard to the federal litigation that was had on this matter, the County did enter into a settlement agreement with the River Cross company.  As a result of that settlement agreement, there was a request for a stay, and the federal judge has granted that stay.  Technically, they are still in litigation.  As part of the settlement, the County has not agreed to any particular land use or development approvals.  However, they have agreed to a schedule by which the developer is coming in with applications due by March 13, and then they will work their way through the normal development process with a review by the Planning & Zoning Commission scheduled for June 3.  Next, there would be a transmittal hearing before the BCC on June 23.  The process is in place to review the applications, but they do not have the applications in hand yet because they are not due for another several weeks.  At this point in time, the litigation is stayed.  He advised the Board to not discuss any matters because they are still in litigation.  He advised they can still hear public comment on the matter.

     Ron Berti, 4443 Saddleworth Circle; Seerina Farrell, 4730 Sudbury Drive; Dave Pellar, 2670 Running Springs Loop; Kimberly Buchheit, 292 Spring Run Circle (submittal received); Garrett Wells, 955 Alberta Street; Laurene Hearn, 2507 Fawn Run; Linda Rossel, 2476 Fawn Run; Daniel Finch, 2358 Brickell Place; RJ Mueller, 14366 Stamford Circle; David Hawk, 4453 Drayton Lane; Tami Griffith, 2487 Fawn Fun; and Nancy Harmon, 752 Pioneer Way, spoke in regard to River Cross, LLC/Econ wilderness area.

     Debbie Smith, 1473 Hyde Park Drive, submitted a Public Comment Form regarding a revised sound ordinance; Anthoula Papagiannakis, 1310 Calypso Way, submitted a Public Comment Form and did not indicate a topic of comment; and Charles and Sara Warren, 1035 Bluejack Oak Drive, submitted Public Comment Forms regarding the Econ; their names were called, and it was determined they were no longer present.

     Magda Quintero, 4056 Pitch Pine Circle; Kenneth Geil, 4056 Pitch Pine Circle; Cindy Haller, 1731 Beacon Drive; Drew Daly, 5375 Ohio Avenue; Pat Czav, 5395 Ohio Avenue; P. Buis, 5376 Ohio Avenue; and Kenisha Wood, 3718 Greythorne Loop, submitted Written Comment Forms regarding River Cross, LLC/Econ wilderness area. 

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:25 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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