BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
February 26, 2019
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, February
26, 2019, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice Chairman Jay Zembower (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
Clerk of Court &
Comptroller Grant Maloy
County
Manager Nicole Guillet
County
Attorney Bryant Applegate
Deputy Clerk Kyla Farrell
Pastor Ward Hodges, The Church at Heathrow,
Sanford, gave the Invocation. Commissioner
Dallari led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-1223
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt
appropriate Resolution #2019-R-27 recognizing Sarah Hall, Longwood Elementary
Kindergarten Teacher, as Seminole County Public Schools Teacher of the Year
2020.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sarah Hall addressed the Board and
expressed her appreciation.
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Agenda Item #2 – 2019-1163
Nicole Guillet, County Manager, announced staff participated in
a tri-county effort with Orange and Osceola Counties to talk about affordable
housing issues. Staff is going to
present the results of that effort as well as some options for the County to
consider. She noted staff is not looking
for absolute direction today because they will have a more in-depth workshop at
a later date, but she wanted to bring the Board up to date on where they are
and what staff is looking at before they get too far into it.
Melody Frederick, HUD Program
Manager with Community Services, addressed the Board and presented a PowerPoint
presentation entitled “Regional Affordable Housing Initiative Presentation”
(included in the agenda backup). She
provided the background of the initiative and also summarized the first three
workshops that staff participated in over the course of the past year and a
half. In addition to that, Ms. Frederick
reviewed basic guidance and framework that surrounds affordable housing,
followed by a summary of the report that was the result of the effort. Rebecca Hammock, Planning and Development
Director, discussed some existing strategies and incentives as well as some
policy options within the presentation.
Commissioner Dallari pointed out that affordable housing needs
to be around transportation and transit and asked Ms. Hammock to define
that. Ms. Hammock responded normally
staff would like to see affordable housing in urban areas where there is access
to bus services and SunRail.
Commissioner Dallari voiced his concern is whether or not they are
providing the right frequency of service for transit to promote affordable
housing. He added he believes there
should be a definition of what transit is.
Ms. Guillet noted they haven’t gotten that far into it, but the
Commissioner has a good point.
Chairman Carey stated the follow-up plan is to have a workshop
and dive into the details that really need to be addressed; the definition of
transit being one of them. She thinks
inclusionary zoning should be looked at as well and discussed why. She pointed out it is a complicated process so
they will put this topic on the workshop schedule. The Chairman reminded that the Board’s
representative on the Central Florida Commission on Homelessness board is
Commissioner Lockhart. She encouraged
the entire Board to get educated on affordable housing and the homelessness
issues because they really need to formalize a plan of how they’re going to
protect what they have and move forward with what they need to do.
Commissioner Lockhart advised she would like staff to look at
accessory dwelling units in other areas in addition to the rural areas. She explained they have some areas in the
community with some very large lots that could easily have mother-in-law
apartments and pointed out they know that they already exist in neighborhoods,
but they should be able to make those conforming and give people more access to
be able to have them. Commissioner
Lockhart stated she is very interested in the partnerships that were alluded to
in the presentation and discussed the importance of childcare facilities. She expressed she would like to explore how
partnerships for childcare facilities could be beneficial to the community.
Commissioner Constantine stated he agrees with Commissioner
Lockhart on her opinion of the accessory dwelling units, and he thinks they
really need to focus it more on the urban areas because there are lots in urban
areas that have more than standard acreage that could be looked at. The Commissioner expressed it is interesting
to see that Seminole County is significantly more from a median income than a
standard deviation. He added it is also
interesting that homeownership in Seminole County has decreased significantly. He discussed population growth, and opined
they will need to plan for the growth in the future.
Chairman Carey stated the accessory dwelling units would also
help the aging population because they are seeing a lot more people taking care
of their family. She thinks it is
important that they look at that as an option because they have more young adults
moving back home with their families.
Chairman Carey suggested there are a lot of things to talk about that
will help a lot of different, positive, unintended consequences.
In regard to the accessory dwelling units, Ms. Hammock advised
staff has begun a little bit of research; and they found out in speaking with
Osceola County and the DEO, they actually can adopt policies within the
Comprehensive Plan. So if they do allow
accessory dwelling units, it doesn’t count towards the density of that future
land use district, which is positive news.
Chairman Carey reiterated there is a lot to talk about, and they will
schedule it for a workshop. Commissioner
Constantine pointed out while looking at accessory dwelling units, they will
want to ensure they won’t be used as vacation rentals.
Commissioner Dallari advised when they have the workshop, he
would like to have some dialogue on the decline of homeownership and what the
factors are relating to that. Discussion
ensued regarding a time frame for the workshop.
Ms. Guillet advised she will get a list to the Board before the March 5
retreat so they will know what workshops are coming up and they can get them
prioritized. Commissioner Zembower
suggested they move forward with the workshop.
Chairman Carey reiterated they have a whole-day retreat on March 5, and
at that time they can look at the workshop list and prioritize how they want to
work through them. Even if they give
direction at a workshop next week, it would still take a while because there
are a lot of policy changes that will have to happen in order to accommodate
some of the recommendations. She
reiterated they will look at the list at the retreat and determine priorities.
BUSINESS
SPOTLIGHT
The Business Spotlight video for Red Cypress Brewery was
presented.
COUNTY MANAGER’S CONSENT AGENDA
With
regard to public participation, no one in the audience spoke in support or in
opposition to the Consent Agenda and public input was closed.
Ms.
Guillet announced add-on Item #5A relating to a vacation on First Street.
Motion by Commissioner Dallari,
seconded by Commissioner Zembower, to authorize and approve the following:
Community
Services
Community
Assistance
3. Approve and authorize the Chairman to execute
an Agreement with the Homeless Services Network of Central Florida (HSN) -
Rapid Rehousing Program 2018-2019 with State Housing Initiatives Partnership
(SHIP) Funds in the amount of $60,000 to be used to provide rental assistance,
financial assistance, and housing location services to homeless households in
Seminole County. (2019-1144)
Development Services
Planning and Development
4. Authorize the Chairman to execute the
Satisfaction of Lien for Code Enforcement Board Case No. 02-98–CEB, at 100
Spring Street, Altamonte Springs, Tax Parcel No. 12-21-29-5BD-1300-0090,
previously owned by Betty Lamar. (2019-1177)
5. Approve
the plat for the Legacy Estates single-family residential subdivision
containing sixteen (16) lots on 9.47 acres zoned PD (Planned Development),
located on the south side of East Lake Drive, approximately 500 feet south of
Center Drive; Pulte Homes, Applicant. (2019-1184)
5A. Approve
and authorize the Chairman to execute an Affidavit Regarding Vacated Street (First
Street/Richardson’s Addition to Woodbridge) to remove the condition requiring a
utility easement prior to recording Resolution #1998-R-179; and authorize staff
to record a certified copy of Resolution #1998-R-179 along with the executed
Affidavit; Brian Pelski, Applicant. (2019-1235)
Environmental Services
Business Office
6. Authorize
release of the original Maintenance Bond #106564941 for Water & Sewer
Facilities in the amount of $18,871.01 for the project known as 500 TownPark
Office Building; Piedmont 500 TownPark, LLC.
(2019-1175)
Leisure Services
Greenways and Natural Lands
7. Approve and authorize the
Chairman to execute an Interlocal Agreement with the City of Sanford to fund
the Marina Island East and West Boat Basin Breakwater Project through the
Boating Improvement Program in the amount of $43,553.42 through the Boating
Improvement Fund to fund the project. (2019-1218)
Public Works
Engineering
8. Adopt appropriate Resolution #2019-R-28 and
authorize the Chairman to accept a Drainage Easement donated by Jesse Donald
Whitaker and Brenda Joyce Whitaker to Seminole County for the purpose of the
Curryville Road drainage project. (2019-1190)
9. Adopt appropriate Resolution #2019-R-29 and
authorize the Chairman to accept a Drainage Easement donated by Gunanand
Persaud and Goumattie Persaud to Seminole County for the purpose of the
Curryville Road drainage project. (2019-1193)
10. Adopt appropriate Resolution #2019-R-30 and
authorize the Chairman to accept a Sidewalk Easement donated by the City of
Sanford to Seminole County related to the construction and maintenance of a
sidewalk along a portion of West Airport Boulevard at Albright Road. (2019-1194)
11. Adopt appropriate Resolution #2019-R-31 and
authorize the Chairman to accept a Sidewalk Easement donated by Transit
Properties, LLC, to Seminole County related to the construction and maintenance
of a sidewalk along a portion of West Airport Boulevard near State Road
46. (2019-1195)
12. Adopt appropriate Resolution #2019-R-32 and
authorize the Chairman to execute an Off System Maintenance Agreement between
the Florida Department of Transportation (FDOT), and Seminole County relating
to the construction and reconstruction of U.S. 17-92 at Airport Boulevard. (FDOT
Project FM# 436679-2-52-01.) (2019-1208)
13. Approve and authorize the Chairman to execute
an updated Preliminary Engineering Agreement in the amount of $25,000 with CSX
Transportation, Inc., for the proposed railroad crossing improvements for the
Cross Seminole Trail-Winter Springs Missing Link Project. (2019-1213)
Facilities
14. Approve and authorize the Chairman to execute
the Second Renewal and Seventh Amendment to Seminole County Health Department
and Community Services Lease with Pyensa, LLC.
(2019-1191)
Watershed Management
15. Approve and authorize the Chairman to execute
the Joint Participation Agreement (JPA) Supplemental Amendment Number 3 between
Seminole County and the Florida Department of Transportation (FDOT) for the project
described as “National Pollutant Discharge Elimination System (NPDES) Permit
Number FLS000038,” adding funding for Fiscal Year 2019, changing the Financial
Management Number to 243844-1-78-02, and extending the contract to June 30,
2020. (2019-1205)
Resource Management
Budget
16.
Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-33 implementing Budget Amendment Request (BAR)
#19-023 through various funds in the amount of $4,280,064.69 to Carry Forward
available grant balances and make related project adjustments from FY 2017/18
to FY 2018/19. (2019-1179)
17.
Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-34 implementing Budget Amendment Request (BAR)
#19-031 through the 2014 Infrastructure Sales Tax Fund in the amount of
$2,279,416 from Reserves for the Midway Basin, Lake Harney Basin, and Markham
Woods Road Wall Rehabilitation projects.
(2019-1209)
18.
Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-35 implementing Budget Amendment Request (BAR)
#19-032 through General Fund Reserves to establish funding for the purchase of
an electronic sign at U.S. Highway 17-92 and County Home Road in the amount of
$33,228. (2019-1220)
19. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-36 implementing Budget Amendment Request (BAR)
#19-033 through the Federal Mitigation Grant Fund and 2014 Infrastructure Sales
Tax Fund to provide additional funding for the Natural Resources Conservation
Service (NRCS) grant projects in the amount of $37,000 by recognizing $27,750
in U.S. Department of Agriculture grant revenue and appropriating $9,250 from
Reserves. (2019-1217)
Purchasing & Contracts
20. Approve Work Order #6 (Expedited Assessment of
Management & Operations Needs for Environmental Services Department - GAP
Analysis) under PS-1822-18/TAD -Continuing Engineering Services for Utilities
Improvements with CH2M Hill Engineers, Inc. of Orlando, in the amount of
$135,944.06; and authorize the Purchasing & Contracts Division to execute
the Work Order. (2019-1219)
21. Approve Change Order #1 to CC-1885-15/RTB
(Rolling Hills Soil Remediation) with Handex Consulting and Remediation, LLC of
Winter Park, in the amount of $81,993.60; add an additional ninety (90)
calendar days to Substantial Completion; and authorize the Purchasing &
Contracts Division to execute the Change Order.
(2019-1210)
22. Approve Amendment #2 to RFP-602505-16/BJC -
Food and Beverage Concession Services Agreement for Seminole County Sports
Complex with Altamonte Hospitality LP, Altamonte Springs; and authorize the
Purchasing & Contracts Division to execute the Amendment. (2019-1200)
23. Approve the ranking list; authorize staff to negotiate
rates in accordance with Section 287.055, Florida Statutes, the Consultant
Competitive Negotiation Act (CCNA); and authorize the Purchasing &
Contracts Division to execute one (1) Master Services Agreement (MSA) for
PS-2225-19/RTB – Engineering Services for Hillview Drive Roadway Improvements. Estimated Term Usage $450,000. (2019-1174)
24. Approve Amendment #3 to Work Order #53 (CEI
Services for Howell Creek at Red Bug Lake Road Improvements, Segment 1) under
PS-8148-12/JVP - MSA for Construction Engineering and Inspection Services
(CEI), with Atkins North America, Inc. of Orlando, in the amount of $35,917.76;
and authorize the Purchasing & Contracts Division to execute the Work Order
Amendment. (2019-1212)
Under discussion,
Chairman Carey stated in regard to Item #18 (electronic sign for Emergency
Management at Five Points), they already have one sign at Eslinger Way and she
wants to make sure they don’t do something totally different and that they
aren’t shortchanging themselves on the electronic board. Alan Harris, Chief Administrator for the
Office of Emergency Management, addressed the Board and explained the sign they
selected has the same pixilation of the electronic sign that is used in front
of the Public Safety building. The
company that was used for the Public Safety building was considerably higher
than the cost that they were able to get for the sign, so they are two
different manufacturers. Mr. Harris
pointed out it is a low-cost sign and they are getting a warranty for the sign;
one year for parts and labor and three years for parts. The sign will look similar to the one in
front of the Public Safety building.
Chairman Carey commented they want to make sure they stay consistent
with the look of signs at Five Points with the idea that it is all one
government complex. She stated they need
to make sure they can purchase an extended warranty that includes labor because
that is really what drives their costs on the signs.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S OFFICE
Agenda Item #25 – 2019-1215
Motion by Commissioner Dallari, seconded by
Commissioner Zembower, to adopt appropriate Resolution #2019-R-37 in support of
County Court Judisdictional Limits urging the Florida Legislature to adopt the
recommendations of the Florida Supreme Court and support a minimal increase in
the County Court Jurisdictional Limits to no more than $25,000.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT
AGENDA
Clerk
& Comptroller’s Office
Motion by Commissioner
Zembower, seconded by Commissioner Dallari, to approve the following:
26. Approve
Expenditure Approval Lists dated February 4 and 11, 2019; Payroll Approval List
dated February 7, 2019; and the BCC Official Minutes dated December 11, 2018,
and January 8, 2019. (2019-1214)
Districts 1, 2,
3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk & Comptroller’s
“Received and Filed”:
1.
Recording
of Maintenance Bond #SUR0048095 (Subdivision and Site Plan) in the amount of
$58,073.31 for the project known as Orange Creek – Public; M/I Homes of Orlando
LLC.
2.
Developer’s Commitment Agreement
#18-20500041, Orange and Markham Lots PD; DaVinci Modern Homes LLC.
3.
Development Order #19-30000013, 203
Oakland Avenue, Sue Block and Michelle Goembel.
4.
Conditional Utility Agreement for
water and wastewater services with JEM Kuruvilla Holdingsen LLC, for the
project known as The Goddard School.
5.
Tourist Tax Funding Agreement with
USSSA Central Florida Fast Pitch LLC for Elite Select – Seminole Blast 25.
6.
Tourist Tax Funding Agreement with
Florida PGF LLC for 2019 Gold Cup #2.
7.
Tourist Tax Funding Agreement with
Perfect Game Youth Florida, Inc. for Frozen Ropes.
8.
Tourist Tax Funding Agreement with
Nations Baseball LLC for February Tournaments (President’s Day Challenge,
Baseball Cloud Classic, King of Diamonds).
9.
Special Review of JGI Program Report
#012219, Agreement with Aerosim Academy, Inc.
10.
Third Amendment to CC-0559-15 with
Central Florida Environmental Corporation.
11.
Work Order #25 to CC-0559-15 with
Southland Construction, Inc.
12.
Closeout to Work Order #2 to
RFP-1294-17 with Pat Lynch Construction.
13.
Change Order #2 to Work Order #6 to
RFP-1294-17 with Pat Lynch Construction.
14.
Change Order #1 to Work Order #11 to
RFP-1294-17 with M&J Enterprises International, Inc.
15.
Work Orders #8 and #9 to PS-1320-17
with Southeastern Surveying and Mapping Corp.
16.
Amendment #3 to Work Order #1 to
PS-1405-17 with Johnson, Mirmiran & Thompson, Inc.
17.
Work Order #6 to PS-1832-18 with
England-Thims & Miller, Inc.
18.
Closeout to CC-1875-18 with CTR III
Enterprise, Inc. d/b/a Control Engineering Group.
19.
CC-2234-19 Construction Services
Agreement with Playmore West, Inc. d/b/a Playmore Recreational Products and
Services.
20.
Amendment #8 to Work Order #2 to
PS-4202-09 with Dewberry Bowyer-Singleton.
21.
Amendment #1 to Work Order #42 to
PS-8186-13 with CPH, Inc.
22.
Third Amendment to RFP-601929-14
with Howroyd-Wright Employment Agency, Inc. d/b/a Appelone Employment Services.
23.
RFP-603303-18 Term Contract with
Courtesy Towing, Inc.
24.
IFB-603328-18 Term Contract with
Batteries by Fisher, Inc.
25.
IFB-603338-18 Term Contract with
Henry Schein, Inc.
26.
Bids as follows:
PS-2225-19
from Bentley Architects + Engineers, Inc.; Atkins North America, Inc.; CPH,
Inc.; Cribb Philbeck Weaver Group, Inc.; Dewberry Engineers, Inc.; Harris Civil
Engineers LLC, Joseph Harris; and Moffatt & Nichol.
REGULAR
AGENDA
Agenda Item
#27 – 2019-1173
Mary
Robinson, Planning and Development, addressed the Board to present the request
to consider a Special Event Permit for the Wekiva Island Paint Out 2019 from
March 3 through March 21, 2019, located at 1000-1014 Miami Springs Drive,
Longwood, as outlined in the agenda memorandum.
Commissioner
Constantine pointed out the Special Event Permit is for 16 days, and Wekiva
Island has a total of 60 days a year for special events. The original backup information indicated 21
days, and he would just like to confirm that the actual number is 16 days. Ms. Robinson stated the final number is 16
days. Chairman Carey advised there was
an amendment that was distributed (included in agenda backup) with some
clarifications on the number of days, outdoor speakers, and all of the details
within the Development Order.
Commissioner Dallari confirmed with Ms. Robinson that the Applicant is
aware of the decrease from 21 days to 16 days.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Item #27 and public input was closed.
Motion by Commissioner Constantine,
seconded by Commissioner Zembower, to approve the Wekiva Island Paint Out 2019
Special Event Permit for March 3 through March 21, 2019, located at 1000-1014
Miami Springs Drive, Longwood, subject to staff’s recommended conditions
included in the Special Event Permit; Mary Sue Weinaug, Applicant.
Districts
1, 2, 3, 4, and 5 voted AYE.
COUNTY
INVESTMENT ADVISOR REPORT
Scott
McIntyre, Hilltop Securities Asset Management (formerly known as First
Southwest Asset Management), addressed the Board to present his Investment
Advisor’s Report for February 26, 2019, (copy received and filed). He reviewed The Essential Point noting the
markets are signaling that the Fed has finished raising rates, but that doesn’t
necessarily mean that that is the case.
Based on the Bloomberg Yield Forecasts, it shows that the economists
expect a 25 bps increase in June; and they don’t think there will be another
increase for the next five to six quarters.
They need to make decisions right now about what to do with money. They are at somewhat of a low point in terms
of yields. Most people expect that
they’re going to gradually move higher.
The reason they are low right now has to do almost entirely with the
uncertainties of trade.
In regard
to Events Driving the Market, Mr. McIntyre pointed out the Government shutdown
affected consumer spending because people didn’t know what was going to happen. During the tail end of December, people
stopped spending money which affected economic growth significantly. Mr. McIntyre reviewed Retail Sales and
pointed out December. He explained the
good number continues to be employment. Whenever
there is an economic expansion, jobs are being created. Last month, there were 304,000 jobs created
by companies; and the three-month trend was 240,000, which is pretty good. The unemployment rate rose; but that is not a
concern because when the economy is considered strong and the labor market is
strong, people who have not been looking for jobs start to look for jobs.
Mr.
McIntyre discussed Inflation and he stated the Feds want to keep inflation in
check. If it’s rising too much, they’ll
be raising rates; but right now it is falling.
He reviewed Conclusions.
Recommendations
Mr.
McIntyre advised they are proposing a conservative approach. He explained they have a future maturity
coming up in a couple of days, which is the FEITF (Florida Education Investment
Trust Fund), and it is a $5 million maturity that was yielding 2.28%. That won’t be reinvested back into that fund;
instead that will be part of what they will use to fund the new investment
which is basically a $30 million new deposit at a new bank (Ameris Bank). He noted Finance Director Jenny Spencer with
the Clerk’s Office initiated a relationship with the bank; and the rate the
bank has offered is a very, very fair rate for fully liquid money. Mr. McIntyre stated day-to-day expenses will
be funded through the lowest paying QPD.
In essence, the weighted average maturity is just about staying the
same; overall yield moves up from 2.64% to 2.65%; and at this point they’ve
just moved money around. He isn’t
recommending any more Treasury investments right now; and he’d like to be able
to continue with the ladder, but they pretty much built the ladder
earlier. He is hoping that when they
start having some more Treasury maturities, they will have a more favorable
environment to invest back into.
Commissioner
Lockhart commented she had the opportunity to meet with Mr. McIntyre and
suggested any Commissioner who hasn’t met with him try to find the time to do
so. Chairman Carey reminded that there
is a telephonic meeting prior to the presentation to the BCC; and during that
meeting, she asked for some clarification on Ameris Bank. She expressed the information she received was
comforting, and she thinks they are a pretty well-known bank. Mr. McIntyre discussed Ameris Bank’s
credentials. Chairman Carey advised Ms.
Spencer did a great job negotiating the rate because it is a very favorable
rate.
With
regard to public participation, no one in the audience spoke in support or in
opposition to the Investment Advisor Report and public input was closed.
Motion by Commissioner Zembower,
seconded by Commissioner Constantine, 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.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Chairman Carey recessed the
meeting at 10:44 a.m., reconvening at 1:30 p.m. with all Commissioners and all
other Officials, with the exception of Clerk of Court Grant Maloy, who was
absent, and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti
Colón, 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.
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Commissioners Dallari and Zembower submitted their ex parte
communications (received and filed).
PUBLIC HEARINGS
AMENDING CHAPTER 190 - PARKS AND RECREATION
Agenda Item #28 – 2019-1141
Continuation
of a public hearing from January 8, 2019, and February 12, 2019, to consider an
Ordinance amending the entire Chapter 190 of the Seminole County Code, “Parks
and Recreation,” to update procedures and language, as described in the proof
of publication.
Michael
Wirsing, Leisure Services Special Projects Manager, addressed the Board and
stated that, per the direction of the Board during the February 12, 2019,
public meeting, the Parks and Recreation ordinance was amended. The additional proposed change includes
moving Section 190.27, County Manager's Authority to Establish Rules; and
Section 190.28, Penalties and Other Remedies, from Part 2 to Part 1 since these
two sections are applicable to Parts 2, 3, and 4 of the Chapter.
Also
during the February 12, 2019, public hearing, the Board requested that staff review
lines relating to the delegation of authority to a designee. The designee was removed from the Ordinance
whenever the decision-making authority involved public policy. The designee remained in the areas where the
decision-making authority involved day-to-day operations or if the designee was
solely up to the discretion of the County Manager.
Mr.
Wirsing added that, under Natural Lands, Part 3, language regarding camping was
amended to ensure consistency with the other camping sections in the chapter. The question about whether or not utilities
could be run on trail corridors was raised during the last public hearing. After a review of the section, language was
added that states that, with the Board’s specific approval, trails may be used
for underground county utilities as long as it is not prohibited by state law,
regulations, restrictive covenants, or would subject the County to monetary
penalties.
With
regard to public participation, no one in the audience spoke in support or in
opposition of Item #28 and public input was closed.
Commissioner
Dallari confirmed with Bryant Applegate, County Attorney, that he has reviewed
the document regarding the trail and the routing of utilities and that it is
only permissible with the express approval of the Board. Commissioner Dallari inquired what happens if
a private utility wants to use it, and Mr. Applegate responded that it would
have to come before the Board.
Commissioner Dallari questioned if the Board has the right and the
grounds to deny it, and Mr. Applegate responded that they do. Mr. Applegate added that even the County's
use would be limited according to the law.
Motion by Commissioner Zembower, seconded by
Commissioner Dallari, to adopt Ordinance #2019-10 amending the entire Chapter 190 of the Seminole County Code,
“Parks and Recreation,” to update procedures and language, as described in the
proof of publication.
Under
discussion, Commissioner Zembower stated that he thinks it is very important
that the Board comes to trust staff to make decisions. There was some concern that certain things
lie with the Board, which he agrees with 100 percent; but he thinks that if
they are going to entrust staff to do things, there are certain levels that
staff should be able to do and the Board shouldn't have doubt in their
mind. If there are senior management and
directors that they are trusting to make everyday decisions, some decisions
such as this could also be entrusted to them.
If not, then they need to review staff.
Chairman
Carey responded that she agreed that they need to be empowered, but at some
point if the Board is delegating their authority to the County Manager, she
doesn't think it would be delegated down multiple levels. She thinks the way they addressed this to
come back and make the amendments where it makes sense was the right way to go.
Districts 1, 2, 3, 4 and 5 voted AYE.
SIGN CODE REVISIONS TO THE LAND DEVELOPMENT CODE
Agenda Item #29 – 2018-0038
Continuation
of public hearing from February 12, 2019, to consider an Ordinance amending the Land Development Code for
compliance with the Supreme Court of the United States case Reed v. Gilbert requiring
uniform regulation of temporary signage, and further amending the Land
Development Code for the purpose of allowing noncommercial speech on commercial
signs, as described in the proof of publication.
Danalee Petyk, Planning and Development, addressed the Board and
stated the revised ordinance removes the limitation on the number of signs
entirely as shown on Page 6, Line 141, and the remainder of the proposed
ordinance remains the same.
Commissioner Zembower stated he has read the entire Supreme Court
ruling and all of the Justices' impressions on this case. He confirmed with Mr. Applegate that at no
time was there ever any litigation regarding the number of signs. Commissioner Zembower inquired that this all
had to do with content and nowhere was there a discussion or ruling from the
Supreme Court about the number of signs.
Mr. Applegate responded that he didn't believe so. There were several concurring opinions. The one that he remembers more than any is
the Justice commenting that the Supreme Court was being brought in to become a
sign code moderator or arbitrator for local governments across the country, but
they are free to decide whether they want two signs or 100 signs. Commissioner Zembower confirmed with Mr.
Applegate that the existing sign code ordinance that is currently in place
controls the number of signs. Mr.
Applegate commented that the ordinance is a "shotgun approach" to
address Reed v. Gilbert and the Metromedia case, and this is what local
governments are doing around the country in light of the Supreme Court
decision.
Commissioner Zembower inquired of staff if there has been a
problem in the county with the number of signs that are in the current sign
ordinance, which Ms. Petyk responded she didn't believe there was. Commissioner Zembower asked what the current
number is under the existing ordinance.
Ms. Guillet responded that it is two signs for special events, but there
is no limit for the number of political signs.
She explained that the difference is political signs are now getting
rolled into special event signs.
Chairman Carey stated that there are not a lot of definitions in
the revision or in the sign code, but there are definitions somewhere else in
the Land Development Code. She suggests
that they look at putting them in both locations so that someone doesn't have
to go back and find it in the Land Development Code if they're just looking at
the sign code. She thinks it will make
it easier for people to follow the rules if they can readily find those
definitions. She stated she would like
to make that a part of the approval if the Board would agree to that.
Mr. Applegate responded that they could bring an amendment back
for the Board to consider because it does need an amendment if they are going
to amend the code to add definitions to a section of the ordinance. Chairman Carey inquired if they could make a
motion to approve it with the definitions included, and Mr. Applegate responded
that he would like to go back and look at all the definitions and see if it's
appropriate to have it in this section of the code.
Commissioner Zembower confirmed that they are proposing an
amendment at a later date, which Mr. Applegate responded they can bring back an
amendment. Chairman Carey asked Mr.
Applegate if he wanted to continue this item to the next meeting and bring it
back then, which Mr. Applegate responded that was up to the Board. Chairman Carey explained to the Board that
they are either going to accept it like it is and staff will bring back an
amendment; or they can continue it, staff can put in the definitions, and the
Board can vote on it at the next meeting.
Commissioner Constantine inquired how long the amendment would
take. Mr. Applegate responded that it
would be a month with the advertising.
Rebecca Hammock, Development Services Director, addressed the
Board and stated that Chapter 2 of the Land Development Code includes all
definitions regardless of the section, and they can refer to one section rather
than trying to find it within the various chapters. Chairman Carey stated they could make a reference
to that chapter in the Land Development Code.
Ms. Hammock stated that they would have to refer back to the definition
section, but they could add language that refers back to that section of the
code so they know to refer to that.
Chairman Carey suggested that they put a broad statement that says all
definitions under Section 2 of the Land Development Code are under the
definitions section. She does not want
people to be reading it and not understand what it means and then have to
figure out where to find it in a multi-hundred page Land Development Code. She asked Mr. Applegate if it was okay if
they add the line that just refers them back to that section of the Land
Development Code, and Mr. Applegate responded it was.
Commissioner Zembower mentioned they have been discussing
reviewing the development code anyway and they should make a note of that as
well. Ms. Hammock responded that the
sign code is on the list of future amendments and they can add it to the list
to bring it back. She added that this
particular change was not advertised as part of the ordinance, and since they
are amending this section of code, it depends on how general the advertisement
was done because it wasn't specific to this change.
Chairman Carey questioned Mr. Applegate if they can put in a line
under the definitions that says all Land Development Code definitions are found
in Chapter Whatever of the Land Development Code, and Mr. Applegate responded
they could do that and they will deal with it later if it's challenged. Mr. Applegate gave his legal opinion that to
try and pull together all the definitions that relate to signs, whether in the
Land Development Code or the Code of Ordinances, he thinks they would need to
have another hearing with an advertised ordinance. Chairman Carey stated they are talking about
adding a line that just points in the direction of where it is in the Land
Development Code, and Mr. Applegate responded that that was fine.
With
regard to public participation, no one in the audience spoke in support or in
opposition of Item #29 and public input was closed.
Motion by Commissioner Lockhart, seconded by
Commissioner Zembower, to adopt Ordinance #2019-11 amending the Land
Development Code for compliance with the Supreme Court of the United States
case Reed v. Gilbert requiring uniform regulation of temporary signage,
and further amending the Land Development Code for the purpose of allowing
noncommercial speech on commercial signs, as
described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
BROTZ
WAREHOUSE SSFLUMA AND PD REZONE/Kevin Brotz
Agenda Item #30 –
2019-0007
Proof of publication calling for a public hearing to consider a
Small Scale Future Land Use Map Amendment from Planned Development to Planned
Development and a Rezone from C-1 (Retail Commercial) to PD (Planned
Development) for an office warehouse development on approximately 3.03 acres,
located on the south side of East SR 46, east of Justamere Road, received and
filed.
Ms. Petyk presented the item as outlined in the agenda
memorandum. Commissioner Zembower
confirmed with Ms. Petyk that the property had commercial zoning back in
1978. Commissioner Zembower asked Ms.
Petyk to describe the difference between the commercial zoning that was in
place in 1978 and the PD that has to be decided today. Ms. Petyk explained that the main difference
between the C-1 zoning classification that exists and the PD request is that
the C-1 zoning for the property was put in place for restaurant use back in
1978, and C-1 zoning allows for a lot of different retail/commercial-type
uses. The planned development is a
specific negotiated district with very specific uses, and it is an
office/warehouse in this case.
Commissioner Zembower inquired if that equates to the County having more
control over this property as a PD than they otherwise would have under C-1,
which Ms. Petyk confirmed. Commissioner
Zembower questioned if the things that the property was originally zoned for
could be done without any request whatsoever, other than the rural overlay that
was voted in many years ago, if it stayed as a C-1. Ms. Petyk responded that was right, except
the future land use is planned development which doesn't allow anything to be
done without a rezone; but if it had a commercial future land use, then it
could do the C-1 uses without any restrictions.
Chairman Carey asked if the reason that they are having to amend the
future land use is because a former county commission conflicted the future
land use with the current zoning, which Ms. Petyk confirmed.
Chairman Carey stated that it was her understanding that the
Applicant has also agreed to the C-N, commercial neighborhood, limitations
which were not in place at either time that the zoning or future land use
happened, which Ms. Petyk confirmed.
Chairman Carey inquired if the Applicant is going to allow an easement
to be placed over where the current road exists. Ms. Petyk responded that Condition O in the
Development Order is requiring the Applicant to grant an easement, if it is
truly on their property, to all the property owners to continue using Justamere
Road. Commissioner Zembower confirmed
that there will not be any obstruction in ingress and egress on Justamere Road
if this development moves forward.
Kevin Brotz, the Applicant, 2146 Sterling Creek Parkway, addressed
the Board and stated that the rural nature of this property is what caught his
attention in keeping it as such, and that is why he adopted the standards and
agreed to the design to keep it looking that way. He would like to keep the look as low profile
as possible. One of his concerns is that
the Design Standards requests an 8/12 roof pitch, and he is requesting a lower
roof pitch of 1/12 or 2/12 to keep the building as low profile, less visible as
possible. He is also requesting the
lower roof pitch to reduce the cubic space within the building for fire
suppression.
In regards to the discussion at P&Z of a wall on the south
property line, Mr. Brotz stated he has talked to Mr. Lee Marsh, the southern
neighbor, and Mr. Lee has provided an email saying that he does not have any
concern about clearing on the south border, which is his north border. Mr. Brotz added that they are not a
high-traffic-type operation. They pack
and ship, and they don't drive local traffic or have retail-type use.
Chairman Carey questioned Mr. Brotz if he went back and reviewed
the Chuluota Design Standards after committing to adopt them and that is when
he discovered the roof pitch issue and the sprinkler issue, and Mr. Brotz
responded that was correct. He advised
that the sprinkler issue is simply because water supply is not provided in
enough capacity or volume for fire suppression, so it is his understanding he
will have to have aboveground tanks to supply water and/or sprinkle the
property and the buildings. Chairman
Carey asked if that was a requirement whether he adopted the Chuluota overlay
or not, which Mr. Brotz responded that was correct. Chairman Carey asked staff if the roof pitch
was spelled out in the Chuluota overlay, and Matt Davidson, Planning and
Development, responded that it is.
Chairman Carey clarified with Mr. Brotz that he was asking for a
different roof pitch so he can have a lower profile building. Chairman Carey inquired if all of the other
requirements of the Chuluota Land Development Overlay are things that he would
agree to. Mr. Brotz replied, to his
understanding, all of ones that he has had issues or potential issues with have
been addressed. To his understanding,
it's more or less just to make sure the building is designed in such a way that
is appealing to the rural nature of the area.
Ms. Hammock advised that they would also be exempting Mr. Brotz
from the requirement in the Chuluota Nonresidential Design Standards that
limits them to a 5,000-square-foot building.
It was discussed at DRC that they wanted a larger building, and they are
proposing 10,000-square-foot buildings.
Chairman Carey asked Ms. Hammock if she saw an issue if there's a
variance from the roof pitch, and Ms. Hammock responded that she did not. The intent was for them to generally comply
with the design guidelines in the Chuluota Nonresidential Design Standards for
compatibility with the rural area; but if there are certain things that are not
applicable to them, then staff does not have an issue with exempting them from
those requirements. Chairman Carey
confirmed that the Chuluota overlay district does not apply in this location,
and Ms. Hammock responded that was correct and it was just a guidance that they
were following to create that look and that style for the rural
compatibility.
Commissioner Lockhart noted that she currently knows very little
about the Chuluota Nonresidential Design Standards. She inquired about the property that is to
the north of the proposed location on the other side of SR 46 that appears to
be a large commercial-type, farm-type building or structure. Upon request, the slide showing the aerial
photograph was displayed. Commissioner
Lockhart asked if anyone had an idea what that building looks like in terms of
size and roof pitch compared to what Mr. Brotz is requesting. Ms. Hammock responded that that property was
there prior to the rural area so it's a legal nonconforming use and the
structures are legal nonconforming, and the business itself is something that
wouldn't be permitted under today's code in the rural area. She also noted that that building has a flat
roof; and if they are wanting to promote the Chuluota Nonresidential Design
Standards, they wouldn't allow a flat roof.
They might allow a lesser pitch, but she doesn't think that a flat roof
would fit in that type of architectural design.
Karen and F.D. Buzz Bruning, 27 Magnolia Way, addressed the Board
and stated they are opposed altogether to having a warehouse in their
neighborhood. They have been in the
Geneva area for 35 years, and they chose to live in a quiet, rural area and do
not want to be next to a commercial building.
They think it is going to ruin the property values, and they have signed
petitions from their neighbors. Chairman
Carey stated that the Board previously received the petitions.
Nancy Harmon, 752 Pioneer Way, addressed the Board in opposition
and stated that, in her view, the Applicant has failed to meet the standard in
Florida Statutes 163.3164 and Seminole County's Comp definition of
compatibility. She commented that staff
has said numerous times in their presentation that it is not compatible. She believes it is important that they stay
with what the standards are, what's recommended, or that has been set forth by
the rural characteristics plan of 2006 that was incorporated into the land use
element and the county plan in 2008.
She likes the part about the Chuluota look, but she does not like
that there is a commercial area across the street that is no longer even
allowed to exist in the rural county.
She is concerned that the residents are going to be living in a
community that eventually will have three buildings. She thinks the Board needs to consider what
the residents are saying about their lifestyle, their quality of life, and how
this plan would affect them and deter from their quality of life. It also affects what they have all agreed to
in the plans and in voting as what they want rural to be.
Chairman Carey requested that staff run through the timeline again
for the public. Ms. Petyk described that
the C-1 retail commercial zoning was established in 1978. In the early 1990s, the PD future land use
designation was put on this property, and then after that is when the East
Rural Area Boundary was established, so both of these were put into place prior
to the rural area. Chairman Carey
clarified that this property was already entitled for commercial long before
the Rural Boundary. She inquired if
there was a list of what uses are allowed in commercial C-1 that they could
review. She stated that the commercial
neighbor is much less intense than what is allowed in a C-1 zoning, and that's
why she thinks the C-1 zoning is important.
Commissioner Zembower confirmed with Mr. Applegate that property
owners did not lose their rights or entitlements to develop their property
under their current zoning when the citizens of this county voted for the Rural
Boundary to go in place. Mr. Applegate
stated it is his legal opinion they are seriously risking the County to suffer
the consequences of a Bert Harris claim if they deny this rezoning to PD. Commissioner Zembower stated that is his
concern, and he thinks they need to make it clear to the public that in no way,
shape, or form did they remove anybody's existing rights to develop their
property as it was set forth before the voters passed the Rural Boundary
initiative. He added that the PD
actually is more restrictive than the original C-1 that was on this
property. Mr. Applegate opined that if
they deny the rezoning on the argument that they are going to come back for an
administrative rezoning to make it something else, that will also expose the
County to a Bert Harris claim.
Commissioner Constantine requested that Mr. Applegate explain what a
Bert Harris property rights claim is.
Mr. Applegate replied that denial of the rezoning or going back to an
old zoning denies the valid expectation of the use of the property that the
owner has. Commissioner Constantine
confirmed with Mr. Applegate that it is his legal opinion that if they denied
this zoning they would have a serious concern about a violation of the Bert
Harris Property Act.
Ms. Petyk reviewed the permitted and restricted uses of the C-1,
C-S, and C-N districts. Chairman Carey
confirmed that the Applicant has agreed to C-N district.
Chairman Carey, Commissioner Constantine, and
Commissioner Lockhart submitted their ex
parte communications (received and filed).
Mr. Brotz clarified that the wall on the south is no longer an
issue. He agrees with leaving a 20-foot
no-clear buffer. The roof pitch is a
concern. The Design Standards also asked
for a fence around the property; but in lieu of the fence, he wants to leave
the natural buffer because a fence would not be seen since it is going to be
wooded.
Commissioner Zembower stated he and Mr. Brotz met and discussed
the Chuluota Design Standards. This is
the first time he is hearing about a roof pitch concern. He questioned Mr. Brotz if that was something
that just came up. Mr. Brotz responded
that he did not see that before in the Design Standards. Commissioner Zembower questioned Mr. Brotz
about what chemicals he will be using, and Mr. Brotz responded that they do not
deal with chemicals.
Commissioner Dallari stated he did speak to the Applicant last
Thursday and Mr. Brotz did comment about the roof pitch. Commissioner Dallari added he did not make a
comment either for or against, but Mr. Brotz did identify the problem with the
roof pitch as of last week.
Chairman Carey commented that her issue with Q in the Development
Order is that a lot of things in the Chuluota Overlay Nonresidential Design
Standards are not applicable here. She
thinks they are all agreeing that what they really want to see here is an
agriculture or nonresidential look, not something you would see in Downtown
Orlando. She stated that she thinks that
if they leave Q in there as written, they are requiring him to do a lot of
things including the size of the building.
She believes they have put it on the record pretty clearly what it is
that they are looking for knowing that there is going to be some kind of design
standard. Ms. Guillet suggested that
they revise that provision to say “shall substantially comply” and give either
the Director of Development Services or the Planning Manager the authority to
make that determination. The
determination from the Planning Manager can always be appealed.
Chairman Carey stated she also agreed with the Applicant's comment
about the fence. If you're trying to
leave a natural buffer, trying to put up a fence or a wall or anything else is
going to disturb the natural buffer.
Commissioner Dallari commented that he has an issue with removing the
Chuluota Design Standards because it's been in the packet for quite some time
and the public has seen it and the public is expecting it. If the public didn't see it, he is sure that
the room would be filled with issues and comments about it. He has heard from a few people that they
believe this is a good proposal or they're willing to live with it because of
the Chuluota Design Standards. Now they
are deviating from it and picking and choosing, and he has reservations about
doing that. Chairman Carey responded
that she agrees with the suggestion of the County Manager to just modify it to
say that they “shall substantially comply” with Chuluota Nonresidential Design
Standards and make it go to a manager for approval. Commissioner Dallari expressed that he thinks
the public is expecting one thing and he does not want to use it as a bait and
switch.
Commissioner Zembower confirmed with Mr. Brotz that he has agreed
to hold to the Chuluota Design Standards, which Mr. Brotz responded that was
correct aside from the few things that they discussed. Commissioner Zembower stated that that was
not what it was advertised to the public for, and Mr. Brotz replied that there
were comments made at P&Z that were outside of those standards. Chairman Carey mentioned that the
“substantially comply” part has to do also with the size of the building. The Chuluota Design Standards only allow a
5,000 square foot building, and they are talking about a development order that
has 10,000 square feet in it.
Commissioner Zembower responded that they knew that at the time the
Applicant came in. The intent was not to
reduce it to 5,000 square feet. His
understanding is the intent was to adhere to the Chuluota Design
Standards. Chairman Carey stated that
she is not familiar with the exact standards since Chuluota is not in her
district. She questioned if the Chuluota
Nonresidential Design Standards Zoning Overlay required a fence. Ms. Petyk responded that there is a
requirement if it is facing CR 419 and adjacent to the trail, which would not
apply in this case. Chairman Carey
clarified that no fencing would be required and the natural buffers can be
left.
Commissioner Lockhart inquired if they would need to make the
changes and then readvertise with the changes and bring it back. Mr. Applegate responded that he did not
believe so on this one because the Applicant voluntarily agreed to the
standards and there have already been some modifications, and there was enough
notice for someone to be here to make any arguments.
Commissioner Zembower noted that there is a future entranceway
requested on SR 46 in the diagram which he understands is not what they are
going to do right now, and they are going to access Justamere instead. He inquired what the code requirements, if
any, are about a left turn lane on Justamere.
Jean Jreij, Public Works Director, responded that it is not on
Justamere. It is required to have a left
turn lane on SR 46, and SR 46 is FDOT’s jurisdiction. They would either be required to get
exemption from the DOT or put in a left turn off of SR 46. Commissioner Zembower confirmed that FDOT
must be consulted about a deceleration left turn lane off of 46 during Phase 2,
which Mr. Jreij clarified it is during Phase 1.
Commissioner Dallari questioned staff about the master development
plan and the phases that the project is going to be built in. Upon request, Ms. Petyk displayed the Phasing
Plan and explained that Phase 1 is the Justamere Road entrance, the pond, and one
building. Phase 2 is the other two
buildings and the optional entrance onto SR 46.
With
regard to public participation, no one else in the audience spoke in support or
in opposition of Item #30 and public input was closed.
Public
Comment forms were received and filed.
Motion by Commissioner Zembower, seconded by
Commissioner Constantine, to adopt Ordinance #2019-12 enacting a Small Scale
Future Land Use Map Amendment from Planned Development to Planned Development
and Ordinance #2019-13 enacting a Rezone from C-1 (Retail Commercial) to PD
(Planned Development); and adopt the associated Development Order and Master
Development Plan for an office warehouse development on approximately 3.03
acres, located on the south side of East SR 46, east of Justamere Road, as described in the proof of publication. Commissioner Zembower added the amendment
that the PD will not be designed to accommodate 18-wheelers and commercial
trucks. They will be prohibited from
entering, loading, unloading, and parking on the site, as well as parking
anywhere along Justamere Road; and no use within the development shall be
permitted that would require the use of 18-wheeled, commercial-type
vehicles.
Under
discussion, Commissioner Constantine confirmed with Commissioner Zembower that
there is no fence requirement.
Commissioner Dallari confirmed with Commissioner Zembower that there are
no other changes to the D.O. as presented in the packet.
Commissioner
Zembower stated that he was part of the citizenry that helped put the Rural
Boundary initiative on the ballot and noted that it was not designed to remove
entitlements that somebody already had on their property. His office is already looking at the fact
that there are six properties of approximately 25 acres in the Geneva area that
have been commercially zoned long before the Rural Boundary ever came into
place. He recalled that he discussed
during his last district report that he would like the Board to consider
holding a workshop and having discussions about applying the Chuluota Design
Standards to the remainder of those properties.
He has spoken to a handful of those property owners who have no problem
at this juncture in doing that. He wants
to clarify that they are not moving them from commercial to noncommercial. It is an entitlement those property owners
have had, and the Board would be in litigation if they took those rights
away.
Commissioner
Dallari confirmed with Commissioner Zembower that they were not making any
changes to the roof line or slope.
Chairman Carey stated that standing as presented, development and
signage shall comply with the requirements of the Chuluota Nonresidential
Design Standard Zoning Overlay; and Commissioner Zembower added with the
amendment of the 18-wheeler access, usage, parking, and so forth.
Districts
1, 2, 3, 4 and 5 voted AYE.
DUDA TRAIL RIGHT-OF-WAY VACATE/A. Duda &
Sons, Inc.
Agenda Item #31 – 2019-1178
Proof of publication calling for a public hearing to adopt a
Resolution vacating and abandoning an uncut portion of the Duda Trail
right-of-way as recorded in Plat Book 2, Page 71, of the Public Records of
Seminole County, Florida, for property located on the south side of Mitchell
Hammock Road and east of SR 426, Oviedo, Florida, received and filed.
Matt Davidson, Planning and Development, addressed the Board and
presented the item as outlined in the agenda memorandum. He stated that staff received a call from the
development firm that represents the property owner of the Oviedo Point development,
which is to the north. It has recently
been under construction, and they indicated they had some concerns regarding
access to the southern portion of their property that is encumbered by a
conservation easement that is granted to the St. Johns River Water Management
District. There is currently no access
from their property on the south. Upon
request, an aerial photograph of the right-of-way location was displayed, and
Mr. Davidson discussed Oviedo Point's area for compensating storage and the
surrounding properties and right-of-way.
Chairman Carey questioned how they get to their compensating storage
area. Mr. Davidson responded that they
had a temporary access bridge built during construction that has since been
demolished. He pointed out property that
has been annexed into the City of Oviedo that now leaves Oviedo Point with no
access. Chairman Carey confirmed that
there is a conservation easement, and Mr. Davidson stated it was dedicated to
the St. Johns River Water Management District.
Chairman Carey commented that if it is dedicated to the St. Johns River
Water Management District, nobody needs to get access unless they're in a
boat. Mr. Davidson responded that was
correct; but as part of the permit, they're supposed to be putting in plantings
and maintaining them.
Mr. Applegate clarified that there is a difference in access and
the property owner does have legal access to their property. Mr. Davidson replied it is just not from the
portion of subject right-of-way that they are talking about today.
Chairman Carey inquired if the person who has objected has gotten
their C.O. on their property, which Mr. Davidson responded they have. Chairman Carey questioned that they got a
C.O. without having their plantings completed as a requirement of their Water
Management District permit, and Commissioner Dallari asked how that was
possible. Mr. Davidson responded that
they would have to ask the Water Management District. The plantings have been put in; but as far as
maintaining the plantings, he is not sure how they were supposed to maintain
them. Chairman Carey commented that,
usually in a conservation easement, you aren't getting in it at all; but if
you're doing something, it's usually a professional like the Lake Doctor who
knows what to do and how to get into it.
Mr. Davidson stated that staff believes the request complies with
the requirements for vacating a right-of-way under Section 35.184 of the Land
Development Code and the authority of Sections 336.09 and 336.10 of the Florida
statutes. Staff recommends the Board
adopt the resolution vacating and abating an uncut portion of the Duda Trail
Right-of-Way as recorded in Plat Book 2, Page 71 of the public records of
Seminole County, Florida.
Chairman Carey inquired about the small area along 426 where it
appears the section in between was previously vacated. Mr. Davidson confirmed that it was vacated in
2007. Chairman Carey questioned if there
was some reason why they didn't take that section at that time. Mr. Davidson responded that they looked at
the minutes and are not sure why they left that section.
Amanda Perry Carl, Corporate Counsel on behalf of the Applicant A.
Duda & Sons, 1200 Duda Trail, addressed the Board and introduced Pete
Coultas, Senior Director of Engineering and Environmental Compliance for A.
Duda & Sons, 1200 Duda Trail. Mr.
Coultas addressed the Board and stated that DOT took a little section on either
side of the original 30 feet when they widened 426, and Duda has subsequently
reacquired that. In an abundance of
caution, they are adding to the application that remnant that didn't get
addressed in 2007. Other than that, he
thinks Mr. Davidson did a fair assessment of their request.
Ryan Stahl, Equinox Development, 630 South Maitland Avenue,
addressed the Board and submitted various documents (received and filed). He stated that he is the developer of Oviedo
Point, which is the adjacent parcel. Mr.
Stahl displayed an aerial photograph and discussed the various properties. He explained that through the development of
this project, Oviedo requested that they do a preannexation agreement for
access onto Mitchell Hammock. They
developed everything except for two remaining parcels in the back. He confirmed that they did receive their site
C.O. from the County, and he stated there are plants in the conservation area
in the back that they continue to maintain.
Mr. Stahl displayed the conservation easement that is through St. Johns
and pointed out an area that DOT grants a 5-foot wide access. He stated that the challenge has been to get
the boats back there to do maintenance on a quarterly basis, and the only way
to access that is through the right-of-way.
Mr. Stahl commented that he and Mr. Coultas have had numerous
conversations regarding the land bridge.
They had an agreement that they would be able to maintain access to
their compensating storage area. Once
they learned that the right-of-way was being vacated, he reached out to Mr.
Coultas regarding the access, and Mr. Coultas commented to him that he would like
to be compensated for access. Mr. Stahl
stated he is not here to object against the vacate as much as to ask that some
sort of continued access be allowed so they can continue to honor their
agreement with St. Johns.
Mr. Stahl displayed an easement that they granted to Seminole
County that provides access to the canal.
Mr. Stahl stated that he can get to the back by foot but cannot get
maintenance equipment back there. He
redisplayed the aerial photograph and noted that all of the fields and the
pipes terminate into the retention pond in the back, and he displayed a survey
that shows the outfall. He is requesting
a week or two to sit down with staff and Mr. Coultas to find some sort of
easement to continue to have vehicular access to the road.
Chairman Carey clarified that the County has an easement through
his property and they can manage to work on both sides of the creek, but Mr.
Stahl's contractor can't get access from that easement on his property. Mr. Stahl responded they could not because it's
a johnboat, and the only way to access with a johnboat is to go through the
right-of-way and then drop it in the back.
He noted that the creek is approximately 10 feet deep and is not
something that you can jump across.
Chairman Carey inquired why the bridge access was removed. Mr. Stahl replied that it was a temporary
bridge. The County had requirements that
cost approximately $35,000 to make it a permanent bridge, so they decided to
remove it. She inquired how much it
would cost to reinstall it, and Mr. Stahl responded it would be about another
$35,000 to $40,000.
Ms. Guillet asked staff if the billboard property was intervening
between the right-of-way and the conservation area, which Mr. Davidson
confirmed that it was.
Paul Chipok, Senior Assistant County Attorney, addressed the Board
and discussed the surrounding properties and pointed out the area requesting to
be vacated. He explained that there is
an intervening 10-foot strip parcel going to the billboard that is in between
Mr. Stahl’s parcel and the vacate request.
Chairman Carey confirmed with Mr. Chipok that it is Baumgardner who
would have to give permission to Mr. Stahl to access his tract. Commissioner Dallari noted there is another
easement from the Wawa site, and Mr. Chipok pointed out and discussed the
various easements. Chairman Carey
clarified that Mr. Stahl would have access to the tract that needs to be
maintained through all of the easements and the Baumgardner tract. Mr. Chipok replied they would have to cross
the canal if they were coming in through their own property from Mitchell
Hammock. Commissioner Dallari pointed
out they don't have to cross the canal if they use the St. Johns easement,
which Mr. Chipok confirmed. Chairman
Carey inquired if the easements were adequate to provide access, and Mr. Chipok
replied that they were from a legal standpoint.
Commissioner Zembower clarified that they would not have vehicular
access. Mr. Chipok responded that they
can use the easement that they granted to the County to get to the canal. Mr. Applegate pointed out that the property
owner who is objecting has legal access to that parcel. Chairman Carey questioned if it was through
the billboard easement, and Mr. Applegate responded that it was through their
own property. Ms. Guillet clarified that
they have to cross somebody else's property to get from the right-of-way to the
conservation area, so it's not directly accessing via the right-of-way.
Chairman Carey inquired if the bridge over the canal was part of
their development order requirement. Mr.
Davidson responded that the properties were zoned M-1 Industrial before they
annexed over to the City of Oviedo, so there was no development order from the
County associated with their approval.
Chairman Carey questioned if it was always a temporary bridge. Mr. Chipok responded that it was built as a
temporary canal crossing so they could do the site work in the conversation
area. He stated that prior to getting a
C.O. on the property, the temporary crossing was not built to the County's
engineering standards. They had the
option to build it to engineering standards to keep it, but they chose not
to. He added that the access issue is
their own creation.
Commissioner Zembower commented that this project came through
when he was chairman of Planning and Zoning.
It became very apparent that it was going to be annexed into the City of
Oviedo, and the County and City of Oviedo do not have a JPA.
With
regard to public participation, no one in the audience spoke in support or in
opposition of Item #31 and public input was closed.
Motion by Commissioner Dallari, seconded by
Commissioner Zembower, to adopt appropriate Resolution #2019-R-38 vacating and
abandoning an uncut portion of the Duda Trail right-of-way as recorded in Plat
Book 2, Page 71, of the Public Records of Seminole County, Florida, for
property located on the south side of Mitchell Hammock Road and east of SR 426,
Oviedo, Florida, as described in the
proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
DISTRICT REPORTS
District 2
Commissioner Zembower stated that he made a
site visit to the Kansas Street drainage canal in Black Hammock where Public
Works has been able to get the canal way serviced and get access through
property that was the subject of litigation 15 to 17 years ago and had never
taken place. He commented that that will
be helpful for the citizens in the Hammock from a drainage perspective, as well
as allowing the County to get access on an ongoing basis to maintain and
service that moving forward.
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Commissioner Zembower stated he attended
the groundbreaking for the Cancer Specialists & Research Center in Lake
Mary that will bring cutting-edge technology to local citizens. It is anticipated to be open and operational
in early 2020.
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Commissioner Zembower met with the state
legislature one-on-one and voiced concern about Home Rule and how important it
is to the County, especially those in the rural area.
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Commissioner Zembower met with the
Historical Society and will be working with staff to try to accommodate a
revised Memorandum of Understanding for Mr. Nygren's buggy collection. He will also be working with staff to try to
facilitate getting it placed in a permissible and reasonable complex for
storage. They are looking at the old David
Maus dealership property.
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Commissioner Zembower stated that Mike
Hattaway has resigned from the Board of Adjustment, and he would like to
appoint Jim Hattaway to complete his term.
Motion
by Commissioner Zembower, seconded by Commissioner Lockhart, to appoint Jim
Hattaway to the Board of Adjustment.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion
by Commissioner Zembower, seconded by Commissioner Dallari, to approve
appropriate Resolution #2019-R-39 recognizing Mike Hattaway for his service on
the Board of Adjustment.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Zembower stated he attended a Sanford commission meeting
and had a quick discussion with them. He
is slowly attending all the city commission meetings or council meetings that
are around the county. It seems there is
a lot of willingness to work with the cities and counties.
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Chairman Carey stated she had follow-up
questions for Commissioner Zembower. She
was out on Lake Jesup a week or so ago and noticed some construction of
buildings going on along the south shore to the east of the Black Hammock Fish
Camp. She inquired of Commissioner
Zembower if he knew anything about that.
Commissioner Zembower responded that when he was on the Kansas Street
site visit, he stumbled upon a wetland that appears to have at least 8 feet of
construction debris dumped in and filled upon for the attempt to appear to
build. He stated he has discussed that
with staff and had staff go out there.
They have asked the State to go look at it as well. On the other side of that, there are 12 to 15
shipping containers stacked approximately three tall that have been built into
some kind of living structure that is neither permitted or permissible.
Chairman Carey commented that she had a briefing with one of the
Friends of the Wekiva and asked him if he was familiar because he was involved
with AquaFiber, who is also on the south shore, and he responded that there is
some kind of federal program that has some kind of competition going on. He thought maybe it might have something to
do with that, but he didn't really think they were constructing buildings. Commissioner Zembower replied that he thought
they may be the structures they discovered and staff has already started to
look into that.
District 1
Commissioner Dallari stated that he had previously requested a work
session regarding code enforcement and inquired about the status of getting
that scheduled. Ms. Guillet responded
that it is on the list.
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Commissioner Dallari commented that Angie
Romagosa retired from the Christian Sharing Center on February 21st with 33
years of giving to Seminole County and Central Florida communities. He expressed his appreciation for her
service.
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Commissioner Dallari stated several of the
residents on Mikler Road have contacted him because they want to connect to
potable water from the County; but the County is requiring a maintenance bond
from them, and the contractor who is putting in the main line doesn't want to
include it because he's not responsible as this is a separate contract. He stated if there was no objection, he would
request that the County Attorney look at that to see if they can waive the bond
requirement and then report back to the Board so they can decide if they want
to take any action. Chairman Carey
confirmed with Commissioner Dallari the maintenance bond is for two years
following construction. Commissioner
Dallari added that it is just for the small lateral from the main back to their
home. Chairman Carey inquired if each
homeowner was being required to have a maintenance bond to connect, which
Commissioner Dallari stated that he would like to let staff research the
issue. Mr. Applegate replied that they
would look into it.
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Commissioner Dallari commented that they
extended or amended the concessionaire at the Sports Complex under Agenda Item
#22. He would like for them to look at
that. He believes it was appropriate
that they extended it at this past consent agenda. He mentioned that concessions are going to be
changing in the upcoming years. He would
like staff to look at what the concessions are, what changes they should be
making, how they move forward with the different things that are happening in
the industry, and then report back to the Board if that is appropriate.
District 3
Commissioner Constantine stated he attended a Wekiva River Basin
Commission meeting at the Wekiva Springs State Park. He mentioned that the DOT is committing that
the Wekiva Parkway will be completed by no later than the end of 2022. It was previously 2021, but there was a
holdup with permitting that had to do with the federal government which delayed
it approximately six months. He noted
that the most "disrupting" portion of that road will be occurring in
Seminole County in the very near future.
He believes it is incumbent upon all of them to be aware of who the FDOT
contacts are and be ready to potentially receive a lot of phone calls, address
them, and bring them to DOT for their response.
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Commissioner Constantine stated that last year the Governor and the
legislature approved a budget item for about $50 million in springs protection;
and those dollars, although allocated and committed to certain projects, have
not been released. The reason they have
not been released is it had to come back and be approved by the Legislative
Budget Commission. He stated that he did
not recall from when he served on the Legislative Budget Commission that
anything that had already been approved, budgeted, and committed had to come
back for release. He stated this was a
concern to the St. Johns and the DEP because they both wanted the dollars to be
used, and some of those dollars are going to the Wekiva. It was on the budget agenda a few months ago,
it was taken off, and it was not subsequently put on the next agenda. There are a number of questions which
hopefully will be directed to the State’s DEP office so that they can get that
addressed and get the money released.
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Commissioner Constantine stated there will be a LYNX Board meeting on
February 28th, and there will be some changes being made at LYNX. Commissioner Dallari commented that the
reports from LYNX have come in, and he has more questions. He is still convinced Uber is the way to
go. Chairman Carey stated they are
going to need to look at LYNX because they pay for what they have
requested. A discussion ensued regarding
the LYNX routes. Commissioner
Constantine commented that the LYNX board is committed to making some very
direct and important changes. He
explained that the federal government will not reimburse for Lyft and Uber
because their drivers are not meeting the required drug criteria.
District 4
Commissioner Lockhart announced that she and her aide spent the day
visiting different fire stations in Battalion 2. She stated that she learned a lot and
expressed her appreciation to Chief Oaks, Battalion Chief Baumgart, and all the
men and women of the fire department.
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Commissioner Lockhart stated that she attended the Community Food
Pantry groundbreaking and ribbon cutting at the Health Department last
week. It is a partnership between County
government, the School District, Goldsboro Elementary, Second Harvest Food
Bank, The Christian Sharing Center, and other private and public partners. The Board allocated $25,000 to reopen the
food pantry at the Health Department.
Farm Daddy worked to get all of the facilities needed to have a
vegetable garden, and they are working with the Goldsboro Farmers Market.
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Commissioner Lockhart announced she attended the Seminole State
Foundation Dream Gala, which is the foundation's largest fundraiser each
year. As a trustee at Seminole State and
a member of their foundation board, she thanked the Board for being in
attendance.
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Commissioner Lockhart announced that Seminole County Public Schools
will be hosting a teacher job fair on March 9th at Oviedo High School from 9:00
until 2:00 and encouraged anyone that was interested in becoming a teacher to
attend.
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Commissioner Lockhart noted that Seminole County Public Schools would
be hosting a School Safety and Mental Health Summit at Lyman High School on
February 28th from 6:00 until 7:00. She
stated that the Board has made a tremendous commitment to school safety by
partnering with the sheriff's office to have a school resource deputy at every
single school.
DISTRICT 5
Chairman Carey stated she has had a number of calls recently from the
Sylvan Lake community. They are being
impacted right now by the Wekiva Parkway.
She noted that all of the land between International Parkway and I-4
that used to be a forest and a couple of creeks has been cleared, and that is
where the Wekiva Parkway will come into the current parkway. She commented that the new highway patrol
station is now visible.
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Chairman Carey expressed her appreciation to Chief Oaks, Seminole
County Fire Department, and Sanford Fire Department who participated, along
with the Red Cross, to install smoke alarms in the homes of District 5
communities.
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Chairman Carey gave an update on the Expressway Authority. They recently had their board elections. Jay Madara, who is the Governor's appointee,
has been moved into the Chairman's position, Chairman Carey was elected as Vice
Chairman, and Buddy Dyer will serve as Treasurer. They also recently made appointments to
MetroPlan Orlando. Fred Hawkins will
continue to serve as the Expressway Authority representative on MPO. Michael Scheeringa will serve as the
alternate for the MPO. Leslie Campione,
who is the chairman of the Lake County Commission, was appointed to the
Lake-Sumter MPO. Chairman Carey
mentioned the Expressway Authority also does an annual customer satisfaction
survey and she shared the results of the survey.
CHAIRMAN’S REPORT
Chairman Carey stated that the Board had requested at the Mobility Fee
work session that it be brought up at the Mayors and Managers meeting about
having a work session with the cities.
When they brought it up, they found out that Altamonte Springs adopted a
mobility fee about two years ago and Casselberry has adopted one as well. In the discussion among the cities, they all
agreed they would like to be involved in the discussion and they would like to
appoint someone from their staff. They
discussed having the technical committee convene, come up with some ideas,
brief their boards, and then have a workshop.
She knows that the Board had talked about a shorter schedule, but she
thinks the schedule will get pushed out a little further if they include the cities. She questioned the Board if they still wanted
to include the cities in the mobility discussion.
Commissioner Dallari responded that he thinks it is important that
they include the cities in the discussion.
He would like for a schedule to be put out so that everyone understands
the time crunch they are under so they can adhere to that schedule and
deadlines.
Commissioner Lockhart commented that she agrees it is imperative the
cities be involved. She thinks it would
be helpful if they could see the timeline of things that are coming up. Ms. Guillet responded they are going through
the Land Development Code and the County Code now for impact fees and anything
else that might be a time trigger.
Commissioner Lockhart replied that they need to have some urgency and
feels like they are "stuck in first gear" on some things. She would love to see them get moving, but
not at the expense of cutting the cities out of the discussion.
Commissioner Zembower concurred that the cities need to be included. He is concerned that they do not appear to
have a matrix that can support any fee, and he thinks it is important that that
matrix be looked at very closely. He
commented that perhaps it made sense to be looking at the matrix or supporting
what the fees ultimately could be running simultaneously with keeping the
cities involved with the process of how they ultimately move forward. Two cities are already ahead of them in that
process. He doesn't know that they can
truly support a direct matrix of those fees and how that ties to what those
people are actually going to be paying for.
Ms. Guillet replied that the entire focus of the mobility effort is to
see what their needs are and to form a basis for establishing a mobility fee,
and that will be the crux of the discussion with the cities as well.
Commissioner Constantine stated, since two cities have already done
this, they could be used as a guide with what the County is doing. Chairman Carey replied that what fits the
city may not fit the county jurisdiction.
Because they do have some deadlines coming up on impact fees, sales tax,
all of the things that they have to prepare for years in advance, how they are
going to address the transportation needs of the future. She would like to see a pretty aggressive
calendar of things. She commented that
the city mayors indicated that it was an important issue for them. She thinks that if it is important to them
and it is important to the County, it will become important to staff to move at
a faster pace. She opined it will take
maybe three or four months for the technical committee to workshop, get their
boards briefed, and then five months from now the Board can be having their
workshop.
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Chairman Carey stated there is a vacancy on the Value Adjustment Board
that they need to take action on at this board meeting. The three candidates are Sean Barth, Harry
Ellis, and Sandra Solomon.
Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to
appoint Sean Barth to the Value Adjustment Board.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Chairman Carey stated that she received information from the Alliance
for Regional Transportation, ART, a subcommittee under the Orlando Economic
Partnership. They are asking the
Chairman or designee to serve on that board, and she is appointing Commissioner
Amy Lockhart to be the representative on the ART board.
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Chairman Carey mentioned a report from the International Council of
Shopping Centers, which is an article about public transit linked to retail
development and TOD development. In the
report, one of the comments that they make is that public transportation
systems are declining according to the American Public Transportation
Association. And one of the reasons for
that is because of the increase in ridesharing services like Uber and
Lyft. She mentioned that some cities in
the county are participating in partnerships with Uber and others.
COMMUNICATIONS AND/OR REPORTS
RECEIVED FROM THE CHAIRMAN’S OFFICE
The following Communications and/or Reports
were received from the Chairman’s Office and filed:
1. Letter and attachments dated February 7, 2019, to Chairman Carey
from Luis Rodriguez, FEMA, RE: Case No. 19-04-1822A. C:
State/Commonwealth NFIP Coordinator; Community Map Repository; Region;
Mr. Phillip Hollis.
2. Letter dated February 12, 2019, from Chairman
Carey to Joe Avallone RE: ratifying his appointment by the SCPS Board to the
Value Adjustment Board for a one-year term effective immediately.
3. Letter and attachments dated February 13,
2019, to Board of County Commissioners from Traci Houchin, City of Sanford City
Clerk RE: Annexation Ordinance No. 2019-4494.
4. Letter and attachments dated February 13,
2019, to Board of County Commissioners from Traci Houchin, City of Sanford City
Clerk RE: Annexation Ordinance No. 2019-4497.
5. Letter and attachments dated February 13,
2019, to Board of County Commissioners from Traci Houchin, City of Sanford City
Clerk RE: Annexation Ordinance No. 2019-4498.
6. Letter and attachments dated February 14,
2019, to Board of County Commissioners from Traci Houchin, City of Sanford City
Clerk RE: Annexation Ordinance No. 2019-4495.
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated that they are going to
request an Attorney General opinion on the use of TDC funds for FAM trips.
ITEMS FOR FUTURE AGENDA
Gabrielle Milch, 252 Coble Drive, addressed
the Board on behalf of the League of Women Voters of Seminole County. She announced a solar co-op they are starting
and provided information on solar use.
She invited the Board to an information session at Seminole State
College in Altamonte on Tuesday, March 12th, at 6:30 p.m. (Public Comment Form received and filed.)
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Bill Hyde, 2379 Audley Street, addressed the Board and stated he
attended the meeting because of the Duda right-of-way. He commented that had the County had a JPA
with the City of Oviedo, this issue might not have happened. He recalled that he had spoken at a previous
meeting about obtaining a JPA with the City, and he stated they still needed a
JPA. Commissioner Zembower responded
that there is a lot of willingness with the Board, but getting the cities on
board is a whole different ballgame.
Commissioner Dallari requested that Chairman Carey write a letter to
the mayor of Oviedo to ask if they would be willing to do a JPA. Chairman Carey responded that she would be
happy to write the letter. The County
Manager has reached out to the city manager and they've had discussions in Oviedo,
but she will write a letter to that effect that they would like to try to
formally move forward with a JPA and see if she can get a response.
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There being no further business to come before the Board, the Chairman
declared the meeting adjourned at 3:37 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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