BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
March 24, 2020
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 1:30 p.m., on Tuesday, March 24, 2020, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Jay Zembower (District 2)
Vice Chairman Lee Constantine (District 3)
Commissioner Robert Dallari (District 1)
County Manager Nicole Guillet
Deputy Clerk of Court Brent Holladay
Commissioner Brenda Carey (District 5)
Clerk of Court and Comptroller Grant Maloy
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Commissioner Amy Lockhart (District 4)
County Attorney Bryant Applegate gave the Invocation. Commissioner Constantine led the Pledge of Allegiance.
Chairman Zembower advised Alan Harris will give an overview for the benefit of the public of the County’s response to the Coronavirus pandemic, and then thanked first responders, School Board members, and County staff, and all the citizens heeding the advice, and he asked for their continued cooperation. He added they are constantly in touch with their state and federal partners relying on their guidance in these uncharted waters. County Manager Nicole Guillet explained the process for attending the meeting today remotely and for those attending in person, the need for social distancing.
Alan Harris, Office of Emergency Management, addressed the Board to report on the emergency management response to the COVID-19 pandemic. Ms. Guillet recognized County staff for their efforts.
Chairman Zembower explained that the following items were presented prior to today’s meeting: Item #1, Resolution #2020-R-32 recognizing William Furiosi as the Seminole County Public Schools 2021 Teacher of the Year (2020-1959); and Item #2, Proclamation declaring the month of April as Childhood Abuse Prevention Month in Seminole County (2020-1954).
With regard to public participation, no one in the audience spoke in support or opposition to the Consent Agenda, and public input was closed. A Written Comment Form in regard to Items #13 and #14 from Cindy Haller, 1731 Beacon Drive, was received and filed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
3. Approve travel and mileage reimbursement to Commissioner Lockhart for miscellaneous travel from October 23, 2019 through January 31, 2020. (2020-1958)
4. Adopt a Proclamation declaring the month of April, 2020, as Water Conservation Month in Seminole County. (2020-1953)
5. Approve the establishment of a Review Committee for the Rosenwald RFQ Solicitation of the following staff: Joe Abel, Deputy County Manager; Paul Chipok, Deputy County Attorney; Rebecca Hammock, Development Services Director; Richard Durr, Leisure Services Director; and Carrie Longsworth, Community Services Division Manager. (2020-1966)
Office of Emergency Management
6. Approve and authorize the Chairman to execute a Memorandum of Agreement between agencies that represents the Urban Area Security Initiative (UASI) for Metro-Orlando.
7. Approve and authorize the Chairman to execute the Central Florida Family Health Center d/b/a True Health Agreement to assist with providing primary care services for the medically underserved populations. (2020-1939)
Planning and Development Division
8. Authorize release of Right-of-Way Utilization Cash Maintenance Bond in the amount of $7,511.19 for West Country Club Road; PRD SS Sanford LLC, Applicant. (2020-1918)
9. Approve the plat for the Riverbend at Cameron Heights Phase 2 subdivision containing 109 lots on 33.36 acres zoned PD (Planned Development) located on the east side of North Beardall Avenue, north of Hughey Street; Carnahan Proctor and Cross, Applicant. (2020-1926)
10. Approve the plat for the Riverbend at Cameron Heights Phase 3 subdivision containing 105 lots on 19.93 acres zoned PD (Planned Development) located on the west side of Cameron Avenue, south of Looking Glass Place; DR Horton, Applicant. (2020-1928)
11. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-33 vacating and abandoning portions of two (2) platted 20-foot wide Drainage and Utility Easements along portions of Lots 11 and 12, and portions of Lots 12 and 13, to combine the lots for the development on Evangeline Way, as recorded in the Public Records of Seminole County, Florida in Plat Book 96, Pages 94-96, more particularly known as I-4 Industrial Park - 5th Section; Brian Potts, Applicant. (2020-1911)
Parks and Recreation Division
12. Approve and authorize the Chairman to execute the Facilities Use Agreement with Evans Fitness, LLC d/b/a Baby Boot Camp, Central Florida, to provide recreational fitness programs to Seminole County residents. (2019-1630)
13. Approve and authorize the Chairman to execute the Orange Boulevard Improvement Project Purchase Agreement and a Holdover Agreement related to Parcel #122 for 3.759 acres of land with Bryant Benson and Helen Benson, for early acquisition of property needed for the project at 1235 North Maryland Street, Sanford, Tax ID #16-19-30-5AB-2500-003A, for $625,500 as full settlement of all claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2020-1930)
14. Approve and authorize the Chairman to execute the Orange Boulevard Improvement Project Purchase Agreement related to Parcel #139 for 4.15+/- acres of land with Patricia A. Watson, for early acquisition of property needed for the project, Tax ID #16-19-30-5AB-1300-0040, for $693,500 as full settlement of all claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2020-1933)
Facilities Management Division
15. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-34 authorizing the Lease Agreement and the Lease Agreement with Impower, Inc. (2020-1934)
Watershed Management Division
16. Approve and authorize the Chairman to execute an Aerial Spraying Authorization Letter with Clarke Environmental Mosquito Management, Inc., or their subcontractor Dynamic Aviation Group, Inc., for aerial spraying within Seminole County. (2020-1912)
17. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-35 to amend the Seminole County Administrative Code, Section 3.35(H)(1) Investments - Portfolio Composition. (2020-1960)
Budget and Fiscal Management Division
18. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-36 implementing Budget Amendment Request (BAR) #20-035 through the Home Grant Fund in the amount of $14,947 resulting from repayment of purchase assistance for sale of property at 384 Coral Beach Circle, Casselberry. (2020-1880)
19. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-37 implementing Budget Amendment Request (BAR) #20-040 through the Fire Protection Fund to appropriate budget of $65,659 from reserves for portable decontamination devices purchased under emergency procurement. (2020-1927)
20. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-38 implementing Budget Amendment Request (BAR) #20-041 through the EMS Trust Grant Fund in the amount of $109,539 to establish funding for the awarded grant in December 2019. (2020-1940)
21. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-39 implementing Budget Amendment Request (BAR) #20-042 in the amount of $1,086,544.48 through the Economic Development Fund to carryforward the Job Growth Incentive (JGI) and Qualified Target Industry (QTI) unexpended project funds from the FY 2018/19 Budget to the FY 2019/20 Budget. (2020-1950)
22. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-40 implementing Budget Amendment Request (BAR) #20-043 in the amount of $400,000 through the Property and Liability Fund reserves to provide additional funding for property and liability claims. (2020-1936)
23. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-41 implementing Budget Amendment Request (BAR) # 20-044 through the 2014 Infrastructure Sales Tax Fund in the amount of $400,000 to establish funding from reserves for the East Lake Mary Boulevard at Skyway Drive Mast Arm Project (CIP #02007159). (2020-1938)
24. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-42 implementing Budget Amendment Request (BAR) #20-046 through the Tourism Parks 1,2,3 Cent Fund for the purchase of a GPS line painter in the amount of $38,850. (2020-1949)
25. Approve submission of a Grant Application to the State of Florida, Department of Children and Families (Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant), requesting up to $1,200,000; and authorize the County Manager to execute the grant application and supporting documents as required. (2020-1941)
26. Approve and authorize the Chairman to execute a Grant Agreement with the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), passed through from Florida Division of Emergency Management to cover FEMA allowable reimbursement of services during the time period for Hurricane Dorian; and authorize the County Manager to sign all related Modifications and forms to this contract. (2020-1943)
Purchasing and Contracts Division
27. Approve procurement of the “brand name” only SS-603768-20/BJC for the purchase of ZOLL Cardiac Monitor/Defibrillators X-Series; and authorize the Purchasing and Contracts Division to issue a solicitation based on the brand. Estimated purchase amount is $70,000. (2020-1914)
28. Approve Work Order #63 for the Final Design Services for the intersection of Lake Mary Boulevard at Country Club Road under PS-0009-15/RTB - Design of Minor Projects with Construction Costs Less than $2,000,000 with Metric Engineering, Inc., Lake Mary, in the amount of $192,209.78; and authorize the Purchasing and Contracts Division to execute the Work Order. (2020-1942)
29. Approve Work Order #66 - Mullet Lake Park Drainage Improvements (HMGP) under PS-0009-15/RTB - Continuing Services Agreement for Design of Minor Projects with Construction Costs Less Than $2,000,000 with Inwood Consulting Engineers, Inc., Oviedo, in the amount of $208,415.26; and authorize the Purchasing and Contracts Division to execute the Work Order. (2020-1964)
Constitutional Officers’ Consent Agenda
Clerk of Court & Comptroller’s Office
30. Approve Expenditure Approval Lists dated February 17 and 24, and March 2 and 9, 2020; Payroll Approval Lists dated February 15 and March 5, 2020; and the BCC Official Minutes dated January 28 and February 11, 2020. (2020-1957)
Clerk and Comptroller's "Received and Filed" is for information only:
1. Executive Order #2020-001 declaring local state of emergency due to the Coronavirus Disease 2019 (“COVID-19”); and Executive Order #2020-002 extending the declared local state of emergency.
2. FPSC Orders #PSC-2020-0055-TRF-GU, #PSC-2020-0056-PAA-EI, and #PSC-2020-0058-PCO-EI issued February 24, 2020.
3. Public Officer Oath for Ester McKean, Seminole County Law Library.
4. Corrective Warranty Deed with Oaks Out, LLC.
5. Avigation Easement with D.R. Horton, Inc., related to the Rosecrest Final Plat that was approved at the September 24, 2019, BCC meeting.
6. Copy of Fifth Amendment to Administrative Services Agreement with Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue (as approved by the BCC on December 11, 2018.)
7. Bill of Sale accepting the water and sewer system for the project known as Brookmore Estates Phase 3.
8. Conditional Utility Agreement for water, wastewater, or reclaimed water services for the project known as Enclave at Alafaya; Enclave at Alafaya Partners, Ltd.
9. First Amendment to Conditional Utility Agreement for water, wastewater, or reclaimed water services for the project known as Integra Crossing; PRM Crossings/Lake Mary Owner LLC.
10. Mutual Agreement for Termination of Utility Agreements for water and sewer services for the project known as Shoppes of Oviedo Marketplace; Shoppes of Oviedo Marketplace, LLC.
11. Maintenance Agreement with Lennar Homes, LLC, in the amount of $37,551.60 for the Estates at Wellington subdivision and Letter of Credit #FGAC-20055.
12. Maintenance Agreement with Lennar Homes, LLC, in the amount of $126,103.34 for the Estates at Wellington subdivision and Letter of Credit #FGAC-20056.
13. Maintenance Bonds #59BSBIG1785 in the amount of $47,448.17 and #59BSBIG1786 in the amount of $9,980.08 for the Winterbrook subdivision.
14. Maintenance Bond #SU1162765 in the amount of $55,357.36 for the Brookmore Phase 3 subdivision.
15. Performance Bond #016225490 in the amount of $71,808 for the Benton House of Oviedo.
16. Performance Bond #LICX1184528 in the amount of $147,437.54 for the Chapman Pines subdivision.
17. Performance Bond #30088213 in the amount of $66,562.19 for Pine Crest Elementary School.
18. Performance Bond #CMS255464 in the amount of $2,308,277.80 for The Estuary at St. Johns subdivision and Recording of Plats.
19. Memorandum and Copy of Performance Bond #SU1164224 in the amount of $447,769.64 for the Landings at Hawk’s Crest Phase 1 subdivision and Recording of Plats.
20. Developer’s Cash Completion Bond and Escrow Agreement in the amount of $119,801 for The Glen Academy at Lake Marie.
21. Parks Contracts for Services with Patricia Moore, Jill Sparks, Martha Ariza, Daniel Nunez, Ricardo Nunez, Natasha Frazier, Cheyenne Walker, Amy Fassbender, and Robert Smith; Natural Lands Contracts with Channing Porter and Angela Solomon; Tennis Developmental Instructor Agreement with Carlos Dickson; and Assistant Tennis Pro Agreement with Miguel Carvajal.
22. Tourist Tax Funding Agreement with Central Florida Soccer Alliance, Inc., for the 2020 ECNL & NPL Southeast Games.
23. Tourist Tax Funding Agreement with The District Board of Trustees of Seminole State College of Florida for the 2020 Seminole State Invitational.
24. Tourist Tax Funding Agreement with Florida Collegiate Summer League, Inc., for 2020 High School Invitationals and Spring Training.
25. Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc., for the 2020 March 60s Senior Softball Tournament.
26. Tourist Tax Funding Agreement with Florida PGF LLC for the 2020 Florida PGF 10U Challenge.
27. Tourist Tax Funding Agreement with Hoganlax.com, LLC for 2020 Team Training.
28. Tourist Tax Funding Agreement with Leadoff Holdings, LLC d/b/a Prep Baseball Report-Florida for 2020 Florida Spring Training.
29. Tourist Tax Funding Agreement with Nations Baseball, LLC d/b/a Sports Ventures for the 2020 Nations Baseball March Tournaments.
30. Tourist Tax Funding Agreement with Perfect Game USA, Inc., for the PG Florida Select Championships.
31. Three Tourist Tax Funding Agreements with The Spring Games, LLC for 2020 Spring Games.
32. Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch LLC for Elite Select.
33. Recordings of Plats for the Sylvan Trails and Crystal Photonics subdivisions.
34. Approval Development Orders #19-30000098, 1353 Lukas Acres Way, David and Vanessa Flathmann; #19-30000099, 1250 Turnbridge Place, Harold and Teresa Heald; #19-30000100, 1181 Amanda Kay Circle, Travis Bowlby; #19-30000101, 2461 Island Drive, John and Joanne Ault; #19-30000102, 118 Longbranch Road, Dale and Geeya Sickler; #19-30000104, 105 Destiny Cove, William & Tammy Thomas; #19-30000105, 6039 Linneal Beach Drive, Leon and Lori Mills; and #19-30000106, 2667 Derbyshire Road, Steven and Roseanne Oesterle.
35. Amendment #1 to Work Order #43 to PS-0009-15 with Inwood Consulting Engineers, Inc.
36. Amendment #1 to Work Order #46 to PS-0009-15 with Pegasus Engineering, Inc.
37. Work Order #64 to PS-0009-15 with Pegasus Engineering, Inc.
38. Amendment #1 to Work Order #3 to PS-0121-15 with Singhofen & Associates, Inc.
39. Work Order #16 to PS-0157-15 with S2Li, Inc.
40. Work Order #4 to PS-0426-16 with England-Thims & Miller, Inc.
41. Work Order #13 to RFP-0532-15 with Connect Consulting, Inc.
42. Second Amendment to CC-0559-15 with Prime Construction Group, Inc.
43. Third Amendment to CC-0559-15 with Southland Construction, Inc.
44. Fourth Amendment to CC-0559-15 with Central Florida Environmental Corp.
45. Work Order #17 to PS-0157-15 with S2Li, Inc.
46. Work Order #18 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
47. Amendment #1 to Work Order #18 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
48. Work Order #9 to CC-1391-17 with Ryan Fitzgerald Construction, Inc.
49. Amendment #1 to Work Order #5 to PS-1709-18 with CDM Smith, Inc.
50. Work Order #8 to PS-1709-18 with Wood Environment & Infrastructure Solutions, Inc.
51. Amendment #1 to Work Order #8 to PS-1822-18 with Reiss Engineering, Inc.
52. Work Order #15 to PS-1822-18 with Reiss Engineering, Inc.
53. Amendment #2 to Work Order #2 to PS-1832-18 with CDM Smith, Inc.
54. Amendment #2 to Work Order #14 to PS-1832-18 with CDM Smith, Inc.
55. Work Order #31 to PS-1832-18 with Tierra, Inc.
56. Work Order #32 to PS-1832-18 with CDM Smith, Inc.
57. Closeout to CC-1968-18 with Glen Holt Aluminum, LLC.
58. Closeout to CC-2037-18 with Chinchor Electric, Inc.
59. Amendment #1 to Work Order #1 to PS-2266-19 with HDR Engineering, Inc.
60. Change Order #1 to CC-2343-19 with San Pik, Inc.
61. Change Order #1 to CC-2392-19 with Southern Development & Construction, Inc.
62. Change Order #2 to CC-2407-19 with Glen Holt Aluminum, LLC.
63. Change Order #2 to CC-2408-19 with Linton Enterprises.
64. Closeout to CC-2423-19 with Southland Construction, Inc.
65. Change Order #2 to CC-2432-19 with Dager Construction, Inc.
66. Change Orders #4 and #5 to CC-2466-19 with Morrissette Electric, Inc.
67. Change Order #2 to CC-2497—19 with Glen Holt Aluminum, LLC.
68. Change Order #1 to CC-2499-19 with Mid-South Contractors.
69. Change Order #1 to CC-2522-19 with Aptim Environmental & Infrastructure, LLC.
70. Master Services Agreement, PS-2552-19, with Dewberry Engineers, Inc.
71. Work Order #1 to PS-2552-19 with Dewberry Engineers, Inc.
72. Change Order #2 to CC-2582-19 with U.S. Veteran Contractors, LLC.
73. Change Order #1 to CC-2601-19 with Black Street Enterprises, LLC.
74. Change Order #1 to CC-2602-19 with Black Street Enterprises, LLC.
75. Change Order #2 to M-2641-19 with Genset Services, Inc.
76. Second Amendment to RFP-602489-16 with Thermo Fisher Scientific, Inc.
77. Fourth Amendment to IFB-602510-16 with Parthenon Construction Company.
78. First Amendment to M-602545-16 with Impower, Inc.
79. Second Amendment to IFB-602958-17 with Batteries by Fisher, Inc.
80. First Amendment to RFP-603113-18 with Dean, Ringers, Morgan & Lawton, P.A.
81. Second Amendment to IFB-603158-18 with WCA of Florida, LLC.
82. First Amendment to IFB-603338-19 with Florida Discount Drugs, Inc. d/b/a Taylors Pharmacy.
83. Second Amendment to IFB-603338-19 with Bound Tree Medical, LLC.
84. Term Contract, RFP-603602-19, with Vitil Solutions, Inc.
85. Term Contracts, IFB-603704-20, with Chinchor Electric, Inc. and Traffic Control Devices, Inc.
86. Amendment #2 to Work Order #7 to PS-8186-13 with Atkins North America, Inc.
87. Amendment #2 to Work Order #30 to PS-8186-13 with Reiss Engineering, Inc.
88. Amendment #2 to Work Order #2 to PS-9464-14 with GAI Consultants, Inc.
89. Amendment #1 to Work Order #12 to RFP-9601-14 with Revere Controls Systems, Inc.
90. Amendment #1 to Work Order #13 to RFP-9601-14 with Revere Controls Systems, Inc.
91. Amendment #9 to Work Order #1 to RFP-9948-14 with Jacobs Engineering Group, Inc.
92. Bids as follows:
IFB-603704-20 from Wiring Technologies; Traffic Control Devices, Inc.; Chinchor Electric, Inc.;
IFB-603714-20 from Premier Lawn Maintenance; AmeriScapes Landscape Management Services, LLC;
CC-2253-19 from Zacharie Amkraut; Carr & Collier, Inc.;
BID-603746-20 from Technology International, Inc.;
BID-603744-20 from CMD Trailer Sales & Leasing, Inc.; Warren Equipment, Inc.; Mac Trailer Mfg.;
RFP-603691-19 from Gator Vending, Inc.; Compass Group USA, Inc. by and through its Canteen Division; Right Choice Vending/Coffee, LLC;
RFQ-603721-20 from Allied 100, LLC d/b/a AED Superstore; Altra Medical Corporation; Bound Tree Medical, LLC; Coro Medical, LLC; HeartSafe America, Inc.; Henry Schein, Inc.; One Beat CPR Learning Center, LLC; Rescue One Training for Life, Inc.; School Health Corporation;
IFB-603724-20 from AmeriScapes Landscape Management Services, LLC; Elliott & Company Turf and Landscaping Services, Inc.; Greater Works Property Services; Premier Lawn Maintenance; Southern Sunshine Group; and
RFP-2231-19 from Don Bell Signs, LLC; SOS Sign & Lighting Services; Dowling Construction Co.
31. Approve submission of Grant Applications to the Florida Department of Management Services (DMS) Florida E911 State Grant Program on behalf of the Seminole County Sheriff’s Office requesting up to $700,000 for upgrades to the integrated 911 call-taking system, mapping display, pre-arrival instruction software, NG-911 and associated interfaces in support of 911 call taking; authorize the use of the Seminole County Sheriff’s Office as a sole source provider of the services requested in the grant applications; and authorize the Chairman to execute any documents associated with the grant applications on behalf of the Sheriff’s Office. (2020-1963)
Districts 1, 2, 3, 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).
Motion by Commissioner Dallari, 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.
Commissioner Carey mentioned since the BCC meeting times are different now and the market is changing so quickly that if there is a conversation between Mr. McIntyre and the Clerk, that the Chairman participate on the call or a representative from the County to help in making those decisions just so the Board understands what is going on. She suggested the County Manager should be participate as well so that she can keep everybody up to date in between meetings. The Chairman concurred. The Chairman noted he had discussions with Mr. McIntyre on him getting back to them on his presentation needs moving forward. His impression was he could attend remotely and then perhaps in person once a quarter.
Districts 1, 2, 3, and 5 voted AYE.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 2, 3, and 5 voted AYE.
Item #32 – 2020-0004
Bear Lake Road SSFLU Map Amendment and Rezone
Danalee Petyk, Planning and Development Division, addressed the Board to advise that staff is requesting the item be continued to the April 14th BCC meeting because one of the applicants is out of state, and staff also wants to give members of the public an opportunity to speak and allow them to phone in to the next meeting. Commissioner Constantine stated he had received information that about 20 residents were interested in speaking and thanked the County Manager.
With regard to public participation, no one in the audience spoke in support or opposition to the continuance, and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to continue to April 14, 2020 at 1:30 p.m. or as soon thereafter as possible, the request to consider the Ordinance enacting a Small Scale Future Land Use Map Amendment from Low Density Residential and Commercial to Commercial; and adopt the associated Ordinance enacting a Rezone from R-1A (Single-Family Dwelling), A-1 (Agriculture), and C-1 (Retail Commercial) to C-1 (Retail Commercial) for approximately 1.12 acres, located on the west side of Bear Lake Road, north of Paxton Court; Heath Kennedy, Applicant.
Districts 1, 2, 3, and 5 voted AYE.
Ms. Guillet stated for the benefit of the public, the Governor passed an executive order last week permitting local governments to utilize telephonic means for conducting meetings and other types of media.
Commissioner Dallari submitted ex parte communications into the record (received and filed). Commissioner Constantine noted he is holding his ex parte communications until this item comes back to the Board on April 14.
Item #33 – 2019-0044
River Run Preserve LSFLU Map Amendment and PD Rezone
Ms. Petyk presented the request as outlined in the agenda memorandum. She advised the State and Regional Review Agencies completed their review on March 5th. The Florida Fish and Wildlife Conservation Commission (FWC) had no objections to the project but offered recommendations related to the potential conflicts with the Florida Black Bear; therefore, staff has placed condition (W) in the Development Order requiring compliance with FWC’s Black Bear Management Plan. The other agencies had no further recommendations or objections to the project. Staff recommends approval of the request.
Commissioner Carey confirmed with Ms. Petyk that the Land Development Code calls for six-foot sidewalks. She noted that in this D.O., they are only requiring them to build a five-foot sidewalk and asked if it is because it connects to a five-foot sidewalk along Kentucky Street. Ms. Petyk advised the sidewalk determinations are done by Public Works and she deferred to them.
Randy Morris, 323 West Trotters Drive, addressed the Board on behalf of the applicant and thanked County staff and the neighbors. He noted the original continuance on this item occurred back in November, and whatever the Board requires, that is what they are happy to do.
Ms. Guillet confirmed with Jean Jreij, Public Works Director, that the school will have to do a five-foot sidewalk because it is not a local road, which is why the D.O. calls for five feet.
With regard to public participation, no one in the audience spoke in support. The following spoke in opposition: Andre Klass, 3250 Retreat View Circle; and Katrina Shadix, 1137 Covington Street. A Written Comment Form in opposition from Cindy Haller, 1731 Beacon Drive, was received and filed. Public input was closed.
Mr. Morris addressed the concerns of the speakers. He explained this is the third public hearing held on this item and this hearing is about the transmittal coming back from the agencies. In the prior hearings, there was some opposition to the project, but then one of the community leaders came and spoke in favor based upon it being in compliance with the Code. Also, he said they voluntarily did a traffic study that drove the traffic signal on Lake Mary Boulevard and Skyway, which he believes was on the Consent Agenda today. They are in complete compliance and are not asking for any exceptions. They have agreed, and this will be the first HOA to agree to this, that they include the requirements for bear management that they have relative to the bear ordinance. With respect to the wetland areas, they are dealing with the protection of that, including that area which is next to the pond. And with respect to the elevations, final engineering on this project is complete and is waiting to be submitted to the County based upon P&Z having the same hearing that is being held today.
Commissioner Constantine asked Mr. Morris to expand on what they are doing in connection with water quality. Mr. Morris talked about the Joint Planning Agreement with the City of Sanford stating water and sewer will come directly from the City. The wetland is on the southeastern corner of the property, which is also where the pond will be. He stated the water collection, which must stay on the property, will first go into the pond, and if an event would cause a pop off to occur, that will go directly into the wetlands. He noted the pond is hundreds of feet from the property line.
Commissioner Carey stated as Mr. Morris pointed out, this is the third public hearing for this item and there was only one speaker at P&Z. She just wanted to clarify that the FWC comments were that they include the requirements for black bear management, which is different from what they have for the northwest area of the county. She asked if they are planning to follow the requirements of the State’s black bear management plan or if this applicant is going to voluntarily put into place the need for bear-resistant garbage cans and those kinds of things. The way she read the D.O. is that they will be following the State’s requirements.
Rebecca Hammock, Development Services Director, addressed the Board to explain that condition (W) in the Development Order does go on to say that HOA Bylaws must require options for keeping garbage secure, which includes bear-resistant containers and modifying garbage cans to be bear resistant, or keeping cans in the garage or a sturdy shed, and placing garbage on the curb the day of pickup instead of the night before.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt Ordinance #2020-07 enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development; and adopt the associated Ordinance #2020-08 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approved the associated Development Order and Master Development Plan for approximately 31.3 acres, located south of the Kentucky Street and Jessup Avenue intersection, as submitted here today; Keith Lawes, Applicant.
Districts 1, 2, 3, and 5 voted AYE.
COUNTY MANAGER’S REPORT
Ms. Guillet announced that she has been able to recruit an excellent candidate to fill the Fire Chief’s position, Mr. Otto Drozd, who was formally Orange County’s Fire Chief. She asked for the Board’s confirmation.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to confirm the appointment of Otto Drozd, III, as Fire Chief of the Seminole County Fire Department.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Constantine advised that Lynx is still providing service although it is on a reduced schedule. Ms. Guillet noted the ridership numbers are at about 50%.
Ms. Guillet thanked the BCC for all of their support in this unprecedented challenge they are facing.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Memorandum dated February 24, 2020, from Owen Smith, Project Manager, City of Sanford, re: Approval of Resolution #2847 designating a portion of East and West First Street from French Avenue to Mellonville Avenue as “Patrolman Leroy C. Bender Memorial Highway.”
2. Letter dated February 27, 2020, from Marian Williams, President, Heathrow Lakes Board of Directors, to Commissioner Brenda Carey re: Request the County allocate funds for 600 homes in Heathrow that did not receive bear-resistant containers/trash cans in as sanctioned by the FWC Bearwise Grant.
3. Letter dated March 5, 2020, from James D. Stansbury, Chief of Bureau of Community Planning and Growth, Florida Department of Economic Opportunity, re: The County’s proposed Comprehensive Plan Amendment #20-01ESR stating they have no comments.
4. Letter dated February 28, 2020 from Seminole County BCC Chairman Jay Zembower to Elinore McCance-Katz, M.D., Ph.D., Assistant Secretary for Mental Health and Substance Use, Mental Health Services Administration, re: The County’s five-year grant funding for SAMHSA Strategic Prevention Framework and Partnerships program.
5. Anonymous letter dated March 1, 2020, to Commissioner Jay Zembower re: Concerns about the new Computer Aided Dispatch System (CAD) implemented in 2019 in connection with the assignment of ambulances for EMS.
6. Letter dated March 17, 2020 from BCC Chair Jay Zembower to Dr. Georgia L. Lorenz in connection with the Rosenwald School property and RFQ-603731-20.
7. Letter dated March 15, 2020 from Arthur R. Maret, Ph.D. to Seminole County BCC re: His unhappiness with the County’s response to the Coronavirus.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:52 p.m., this same date.