May 12, 2020


            The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held virtually, made permissible pursuant to the Governor’s Executive Orders, at 1:00 p.m., on Tuesday, May 12, 2020, via Communications Media Technology (CMT) through the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

            Attending remotely:

Chairman Jay Zembower (District 2)

Vice Chairman Lee Constantine (District 3)

                        Commissioner Robert Dallari (District 1)

                        Commissioner Amy Lockhart (District 4)

            Commissioner Brenda Carey (District 5)

County Manager Nicole Guillet

County Attorney Bryant Applegate

Clerk of Court and Comptroller Grant Maloy

                        Deputy Clerk Chariti Colon

                        Deputy Clerk Terri Porter



            Pastor Jim Lynch, East Coast Believers Church, Oviedo, gave the Invocation.  Chairman Zembower led the Pledge of Allegiance.


Motion by Commissioner Dallari, seconded by Chairman Zembower, to adopt a Proclamation proclaiming May 25, 2020, as Memorial Day in Seminole County.

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


Agenda Item #1 – 2020-2034

            Alan Harris, Office of Emergency Management, addressed the Board to report on the emergency management response to the COVID-19 pandemic, and stated they are also monitoring the tropical conditions in the Bahamas.


Agenda Item #2 – 2020-2002

            Dan O’Keefe, MSL CPAs and Advisors, displayed a PowerPoint presentation entitled Seminole County, Florida, 2019 Annual Audit Presentation (received and filed) and addressed the Board to present the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2019. 

Chairman Carey stated when staff brings forward the midyear, she would like them to make sure it is reconciled back to the $65,430,000 referenced in the CAFR, because it is going to be critical to know exactly where everything is at. 


Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve Items #3 through 25.

Commissioner Carey confirmed with Nicole Guillet, County Manager, that Add-On Item #34, COVID-19 rental, mortgage, and utility assistance program, was also a part of the Consent Agenda.  Commissioner Dallari amended the motion to include Item #34.  Commissioner Carey agreed to the amendment.

Upon request of Commissioner Constantine, Ms. Guillet briefly discussed Item #34, how the program funds may be used, and also how it ties in with Item #3, Amendments to the 2015-2019 Consolidated Plan and the FY 2019-2020 Annual Action Plan.  Commissioner Carey inquired when the rollout will be of how the funds will be utilized, and Ms. Guillet responded they are hoping to be able to roll out the COVID-related CDBG funding June 1st.  The Economic Development staff is working with the Community Assistance staff to put together the parameters of the program, which will be shared with the Board before it is implemented.

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

County Manager’s Office

Business Office

3.      Approve substantial amendments to the 2015-2019 Consolidated Plan and the FY 2019/2020 Annual Action Plan; authorize the Chairman to execute all corresponding documents and signature pages, the Standard Forms SF-424 and SF-424D, all certification pages, Subrecipient Agreements, and subsequent Grant Agreements with HUD; and authorize Community Services Department staff to submit amendments to HUD for approval.  (2020-2030)


Development Services


4.      Approve the certified costs incurred by the County to abate the unoccupied structure located at 125 Leon Street, Altamonte Springs, and authorize the Chairman to execute a Findings of Fact, Conclusions of Law, and Order Imposing Lien for Cost of Public Nuisance Abatement in order to issue a lien against the property for the certified costs incurred in the amount of $5,556.25; Tamara Edwards, Personal Representative for the Estate of Gwendolyn L. Ingram.   (2020-1967)

Planning and Development

5.      Authorize release of Maintenance Bond #B1237948 for streets, curbs, and storm drains, in the amount of $34,960.50, for the Vera Sanford Apartments; Davis Development, Inc., Applicant.  (2020-2023)


Fire Department

Business Office

6.      Adopt and authorize the Chairman to execute appropriate Resolution #2020-R-57 amending Section 20.38 of the Seminole County Administrative Code revising two (2) of the EMS transport rates, revising the mileage rate, and adding Section F.  (2020-1913)


Public Works


7.      Approve and authorize the Chairman to execute a Purchase Agreement, Fee Simple, in the amount of $1,200 between property owners Keith H. Mewes and Diane M. Mewes and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Virginia Avenue and Orange Street.  (2020-2006)

8.      Approve and authorize the Chairman to execute a Purchase Agreement, Easement, in the amount of $1,700 between property owner Bryan M. Small and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Virginia Avenue and Highland Street.  (2020-2007)

9.      Approve and authorize the Chairman to execute a Purchase Agreement, Fee Simple, related to Parcel #179 for 3.64± acres of land between Meri-Leigh Kniskern and Seminole County for early acquisition of property needed for the Orange Boulevard Improvement Project (Tax ID #16-19-30-5AB-0500-0020) for $454,130, as full settlement of all claim for compensation for which Seminole County might be obligated to pay relating to the parcel.  (2020-2014)

10.       Approve and authorize the Chairman to execute a Purchase Agreement, Fee Simple, related to Parcel #156 for 1.87± acres of land between KBC Development, Inc., and Seminole County for early acquisition of property needed for the Orange Boulevard Improvement Project (Tax IDs #20-19-30-501-0000-00E0, #20-19-30-501-0000-00E1, and #20-19-30-501-0000-00G0) for $497,000, as full settlement of all claim for compensation from which Seminole County might be obligated to pay relating to the parcel.  (2020-2013)

11.       Approve and authorize the Chairman to execute a Mutual Partial Release of Joint Use Agreement with Hallmark Equity Partners, LLC, related to Lot 1, River Oaks Reserve Commercial Replat, according to the Plat thereof as recorded in Plat Book 66, Page 47 of the Public Records of Seminole County, Florida, less and except Lot 1, River Oaks Reserve Commercial Replat 2, according to the Plat thereof as recorded in Plat Book 66, page 76 of the Public Records of Seminole County, Florida (CR 419, Oviedo, Florida 32765, Tax ID #13-21-31-504-0000-0010).  (2020-2026)

12.       Approve and authorize the Chairman to execute a Purchase Agreement, Fee Simple, in the amount of $1,400, between property owner Kent W. Griffin and Juanita D. Griffin and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Pressview Avenue and Citrus Street.   (2020-2027)

13.       Approve and authorize the Chairman to execute a Purchase Agreement, Fee Simple, related to Parcel #16 for 5.06± acres of land between Cleopatra Goble and Seminole County for acquisition of property needed for the Retreat Road Drainage Improvement Project (Tax ID #05-20-23-302-0030-0000) for $260,000, including $13,000 for attorney’s fees and costs, for a total of $273,000, as full settlement of all claim or compensation from which Seminole County might be obligated to pay relating to the parcel.  (2020-2033)


Resource Management


14.       Approve and authorize the Chairman to execute Modification #4 to Agreement #17SB-0D-06-69-01-125 with the Florida Department of Economic Opportunity, providing $283,343 in grant funding for the Community Services Block Grant (CSBG); and execute appropriate Resolution #2020-R-58 implementing Budget Amendment Request (BAR) #20-054 in the amount of $283,343 through the Community Services Block Grant Fund to establish budget for this additional funding.  (2020-2019)

15.       Approve and authorize the Chairman to execute Modification #2 to a SubGrant Agreement with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for Mullet Lake Drainage Project to extend the term of the agreement to November 30, 2020.  (2020-2018)

16.       Approve submittal of a Grant Application to the U.S. Department of Homeland Security Federal Emergency Management Agency (FEMA) Assistance to Firefighter COVID-19 supplemental grant requesting up to $1 million to purchase PPE and supplies to prevent, prepare for, and respond to the COVID-19 public health emergency.  (2020-2024)

17.       Waive the Procurement Process and authorize a Proprietary Source Procurement SS-603834-20/BJC for Software and Hardware Application, Integration, and Implementation from TimeClock Plus, LLC, San Angelo, Texas; and authorize the Purchasing and Contracts Division to issue the Purchase Orders on an as-needed basis.  (2020-2012)

18.       Award RFP-603747-20/BJC, Term Contract for Processing of Clean Wood and Vegetative Waste Services, with A Sun State Trees, Inc., Longwood (Primary Contractor) and Grow, Inc., Naples (Secondary Contractor); and authorize the Purchasing and Contracts Division to execute the Agreements.  (2020-2011)

19.       Approve Work Order #19 (Yankee Lake Water Reclamation Facility Repair and Rehabilitation) with CDM Smith, Inc., Maitland, under PS-1822-18, Continuing Engineering Services for Utilities Improvements, in the amount of $264,840.01; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2020-2015)

20.       Approve Work Order #18 (Country Club Heights Sewer and Water Main Replacement) with Reiss Engineering, Inc., Winter Springs, under PS-1822-18/TAD, Continuing Engineering Services for Utilities Improvements, in the amount of $276,830.98; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2020-2016)

21.       Award RFP-603757-20, Term Contract for Interactive Voice Recognition (IVR) Solution, to Selectron Technologies, Inc., Portland, OR; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2020-1999)

22.       Approve Amendment #2 to Work Order #29 (Remedial Action Plan Oversight Implementation) with E Sciences, Inc., Orlando, under PS-9738-14/JVP, General Environmental Consultant Services Agreement, in the amount of $46,161.98; and authorize the Purchasing and Contracts Division to execute the Work Order Amendment.  (2020-1991)

23.       Approve Work Order #7 (Spring Hammock Design and Contract Documents) under PS-2468-19/TAD, Master Services Agreement for Landscape Architect Services, with GAI Consultants, Inc., Orlando, in the amount of $125,243.11; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2020-2008)

24.       Approve the ranking list, authorize staff to negotiate rates, and authorize the Purchasing and Contracts Division to execute two (2) Master Service Agreements (MSAs) for PS-2872-20, Structural Engineering Services (Estimated Annual Usage $450,000).  (2020-2009)

25.       Award RFP-603642-19, Disaster Recovery Consultant Services Agreement (FEMA), to the top four (4) ranked firms:  Aptim Environmental & Infrastructure, LLC, Baton Rouge, LA; Carlisle Thompson, LLC, Georgetown, TX; Soundside Consulting, LLC, Lake Mary; and Witt O’Brien’s, LLC, Washington, DC; and authorize the Purchasing and Contracts Division to execute the Agreements.  (2020-2010)


Community Services

Community Assistance

34.         Approve implementation of the COVID-19 rental, mortgage, and utility assistance program within the Division of Community Assistance utilizing unencumbered State Housing Initiative Program (SHIP) funds from Fiscal Year 2019/2020 as identified in the Disaster Assistance strategy of the Local Housing Assistance Plan (LHAP) in the amount of $300,000; and approve and authorize the Director of Community Services to enter into agreements with individuals in an amount not to exceed $1,500 per agreement and not to exceed an aggregate amount of $300,000.  (2020-2042)

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

Constitutional Officer’s Consent Agenda

Clerk of Court & Comptroller’s Office Agenda Item #26

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve Expenditure Approval List dated April 14, 2020 and Payroll Approval List dated April 16, 2020.  (2020-2032)

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

Clerk and Comptroller’s “Received and Filed” is for information only

1.          Executive Order #2020-012 regarding COVID-19 Guidelines for Use of Communications Media Technology (CMT); Executive Orders #2020-013, #2020-014 and #2020-015 extending the declared local state of emergency.


2.          FPSC Orders #PSC-2020-0100-FOF-WS issued April 13, 2020; PSC-2020-0113-TRF-GU issued April 20, 2020; and PSC-2020-0125-CO-EI issued April 27, 2020.


3.          Escheatment Tax Deed for Parcel #25-19-30-5AG-0713-0020.


4.          Maintenance Bond #SUR0048145 (Water and Sewer Facilities) for the project known as Hideaway Cove Phase 2 in the amount of $15,177.98.


5.          Irrevocable Standby Letter of Credit (Performance) for the project known as City Furniture Showroom in the amount of $290,379.94.


6.          Maintenance Bond #SU1156088 (Private Road) for the project known as Meadows at Hawk’s Crest Phase 2, in the amount of $91,729.51.


7.          Performance Bond #FL616098 (Drainage, Off-site Improvements and Site Work) for the project known as Pearl Car Wash in the amount of $15,251.50.


8.          Developer’s Commitment Agreement #19-20500037, Reserve at Hillview, Nicholson Investments LLC.


9.          Developer’s Commitment Agreement #19-20500046, Enclave at Alafaya, Falkenburg Investment Partners LTD.


10.            Bill of Sale accepting water and sewer systems for the project known as Hideaway Cove Phase 2, M/I Homes of Orlando LLC.


11.            Bill of Sale accepting water and sewer systems for the project known as The Estuary at St. John’s, M/I Homes of Orlando LLC.


12.            Sidewalk and Drainage Easement, and Drainage Easement, by BPG Sanford 1 LLC; Marine Fasteners.


13.            Development Order #20-27500010, Alcoholic Beverage License for Cracker Barrel #190, 200 Hickman Drive.


14.            Memorandum of Understanding between Seminole County and the Florida Department of Health in Seminole County in connection of COVID-19.


15.            Work Order #70 to PS-0009-15 with Atkins North America, Inc.


16.            Amendment #2 to Work Order #2 to PS-0121-15 with Singhofen & Associates, Inc.


17.            Work Orders #34, #35, and #36 to RFP-0336-15 with Miller Electric Company.


18.            Work Order #15 to RFP-0532-15 with Connect Consulting, Inc.


19.            Work Order #11 to RFP-0672-15 with The Colinas Group, Inc.


20.            Amendment #2 to Work Order #5 to PS-1709-18 with CDM Smith, Inc.


21.            Work Order #9 to PS-1709-18 with Wood Environmental & Infrastructure Solutions, Inc.


22.            Work Order #33 to PS-1832-18 with CDM Smith, Inc.


23.            First Amendment to PS-1832-18 with England-Thims & Miller, Inc.


24.            Amendment #1 to Work Order #1 to RFP-1932-18 with GAI Consultants, Inc.


25.            Work Order #4 to RFP-1932-18 with GAI Consultants, Inc.


26.            Work Orders #7 and #8 to CC-2466-19 with Morrissette Electric, Inc.


27.            Amendment #3 to M-2548-19 with Asphalt Paving Systems, Inc.


28.            Change Order #2 to CC-2563-19 with U.S. Veteran Contractor LLC.


29.            Amendment #3 to Work Order #53 to PS-8186-13 with Hazen and Sawyer.


30.            Work Order #18 to CC-9184-13 with Affordable Development.


31.            Work Order #5 to PS-9983-14 with Consor Engineers, LLC.


32.            Second Amendment to IFB-602768-17 with Home Depot USA, Inc. d/b/a The Home Depot Pro.


33.            Second Amendment to RFP-602909-17 with Hilltop Securities Asset Management, LLC.


34.            RFP-603756-20 Consulting Services Agreement with E.W. Siver and Associates, Inc. d/b/a Siver Insurance Consultants.



Agenda Item #27 – 2020-1919

Fee Schedule Update


Bertine Lunde, Building Division Manager, addressed the Board and presented the request as outlined in the agenda memorandum.

Commissioner Lockhart inquired what they anticipate the breakdown of use being for those who might want to utilize a private company.  Ms. Lunde responded they took a sampling of permits in order to do the calculations and broke it down on size.  Taking the average cost of the inspections, plan reviews, and administrative costs of all those permits is where they derived the average discount that they recommended.  An applicant fills out a packet and indicates they want to do a private provider.  They also indicate if they want to do an inspection only or plans review and inspection.  And at that time, based on the square footage of their project and whether they're going with inspections only or plan review and inspection, then the discount would be provided to them.  Commissioner Lockhart asked what percentage of the customer base is anticipated to use private providers.  Ms. Lunde responded there is currently only a handful of projects.  It would be a very small percentage that would do it, but that might change.  Commissioner Carey commented that once things get back to normal after the COVID-19 pandemic, there may be more people wanting to use private providers because it may be quicker for them, and turning permits and inspections around as quickly as possible is beneficial.

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

            Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt appropriate Resolution #2020-R-59 amending the Seminole County Administrative Code Section 20.10 to update the schedule of fees collected by the Development Services Department.

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


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

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

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


            Bryant Applegate, County Attorney, stated he will be updating the Board individually on the opioid litigation.


Mr. Applegate advised a lawsuit has been filed in reference to Executive Order 2020-017 regarding COVID-19 Requiring Social Distancing and Adhering to Opening Up America Guidelines.  Lynn Porter-Carlton, Deputy County Attorney, and Desmond Morrell, Assistant County Attorney, will handle the lawsuit in-house.  Mr. Applegate stated he does not comment on litigation out of respect for the rules and advised the Board will be briefed individually on the lawsuit as it progresses.


            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, 4, and 5 voted AYE.


Agenda Item #28 – 2020-1946

Aloma Mini Storage PD Major Amendment & Rezone/Charles Bailes


            Joy Giles, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum.

Commissioner Dallari confirmed with Ms. Giles this change does not address Phase 3 and it will remain the same since it is existing.   The Commissioner stated the traffic trip generation on the plans submitted by the engineers show the car wash with 220 daily trips and the warehouse with 152 trips.  He inquired if that is the current trip generation for the warehouse.  Ms. Giles responded the trip generation for how the warehouse is currently configured is 198 trips.  However, a portion of the warehouses are going to be removed to make room for the car wash, so that trip generation is reduced to the 152 number.  Commissioner Dallari requested clarification there are adequate trips on Aloma to handle this.  Ms. Giles responded Traffic Engineering reviewed the request and determined there are no issues with traffic.

It was determined the Applicant was present via CMT but did not address the Board.

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

            Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt Ordinance #2020-11 enacting a Rezone from PD (Planned Development) to PD (Planned Development) and approve the associated Development Order (Addendum #2) and Master Plan for 8.89 acres, located on the south side of Aloma Avenue, 500 feet east of Tuskawilla Road; Charles Bailes, Applicant.

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

Agenda Item #29 – 2020-0007

Cameron Corner Small Scale Future Land Use Map Amendment & Rezone/Michelle Nunez

            Ms. Giles addressed the Board and presented the request as outlined in the agenda memorandum.

Randy Morris, RM Strategies, Inc., representing the Applicant Galileo School Foundation, addressed the Board and advised he did speak to the City of Sanford as this is a future annexation in this particular district area, and the utilities for this property will ultimately be supplied by the City of Sanford.  The City liked this proposal because it brings it into uniformity for what they consider a future commercial corridor.

Commissioner Lockhart advised she and Mr. Morris had a conversation last week regarding this item and that will be included in her ex parte communication.  Commissioner Carey advised she also spoke to Mr. Morris about this back in January, and it will be in her ex parte communication. 

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

            Motion by Commissioner Carey, seconded by Commissioner Lockhart, to adopt Ordinance #2020-12 enacting a Small Scale Future Land Use Map Amendment from Industrial and Commercial to Industrial; and adopt the associated Ordinance #2020-13 enacting a Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to C-3 (General Commercial and Wholesale) for a future development on approximately 1.94 acres, located on the northwest corner of Cameron Avenue and SR 46; Michelle Nunez, Applicant.

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

Agenda Item #30 – 2018-0791

Short-Term Vacation Rentals Land Development Code Amendment


            Rebecca Hammock, Development Services Director, addressed the Board and presented the request as outlined in the agenda memorandum.  Ms. Hammock advised the Planning and Zoning Commission reviewed the proposed ordinance at their May 6, 2020, meeting and voted unanimously to recommend approval of the ordinance as written.  The ordinance does require both an ABC and a Class K fire extinguisher be present within the vacation rental, and the P&Z Commission discussed whether both of those were needed.  Ms. Hammock stated she communicated with the Fire Marshal who opined the ABC fire extinguisher would probably be sufficient.  However, the P&Z Commission felt it was important to have both types of extinguishers within the vacation rental and voted to recommend approval of the ordinance as written.  In addition, the Fire Marshal mentioned they may want to include an acknowledgment as part of the registration that smoke alarms and CO2 alarms are present within the vacation rental and being maintained.

With regard to public participation, Frankie Elliott, Orlando Regional Realtors Association, 1330 Lee Road, stated they did go over the ordinance with staff and P&Z and are grateful for the changes that have been made.  She thinks it addresses all the issues that were brought up at the previous meeting.  However, there does appear to be one remaining issue which pertains to the idea of the property owners being charged both a business license fee and a property rental fee, and she is not sure that is something that can be resolved immediately.  In her conversations with the County Attorney's Office, it appears as if the state regulations on the business license fees is fairy rigid and does not provide for any type of exception in terms of the categories of who are required to pay that fee, so that would only leave the option of possibly reducing the registration fee.  At this time, the registration fee is charged per rental as opposed to being charged per business or broker.  Ms. Elliott requested the Board allow them to continue talking with the County Attorney's Office to find out what possibly could be done regarding this one issue.

No one else spoke in support or opposition and public input was closed.  Public speaker registration received and filed.

            Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt Ordinance #2020-14 amending the Land Development Code to provide regulations for short-term vacation rentals, as defined in F.S. 509.242, within unincorporated Seminole County.

Commissioner Carey stated she would not be supporting the motion.  She believes they are onerous and unnecessary for a very small percentage of citizens who operate short-term rentals.  Commissioner Lockhart stated she believes there is duplication in what is being proposed, and therefore she will not be supporting the motion.

            Districts 1, 2, 3 voted AYE.

            Districts 4 and 5 voted NAY.

            Motion passes 3 to 2.

Agenda Item #31 – 2018-0841

Oxford Apartments Educational System Impact Fees Vesting Extension


            Ms. Hammock presented the request as outlined in the agenda memorandum and stated the Applicant is requesting a continuance of the School Impact Fee Vesting Certificate extension and the Second Amendment to the Developer's Agreement to allow additional time for discussion between the Applicant and the County to address the impact and implementation details of these two documents.  Staff concurs with the request for continuances.  However, the Applicant would like to move forward at this time with the Amendment to the Developer's Agreement to allow the BCC to acquire the Lowe's/Hart property through eminent domain. 

It is requested the Board approve the Amendment to the Developer's Agreement to allow the County to acquire the Lowe's/Hart property through eminent domain; continue the Amended and Restated Educational System Impact Fee Vesting Certificate for the Oxford Apartments; and continue the Second Amendment to the Developer's Agreement regarding the Fern Park Boulevard Extension and Oxford Road Widening.

Chairman Zembower recessed the meeting at 2:43 p.m., to address CMT technical issues, reconvening at 3:01 p.m.

            With regard to public participation, Joseph Ranaldi, Seminole County Public Schools Executive Director of Operations, stated last week he submitted to the Planning Division a review of where the schools stood in regards to the impact fees and the potential of vesting to the 2007 rates.  Phase I has 245 units generating approximately 77 students.  With what is being proposed for Phase I, it would be a reduction to the school board of a little over $1.1 million in education impact fees.  The school board has already taken action on Phase I and have actually used all of the available capacity in their concurrency service area and have rezoned to Altamonte Elementary from English Estates Elementary.  In regard to Phase II, there are 330 units generating 102 students.  And based on the request for them to be vested at the 2007 rate, that would be a reduction of a little over $1.5 million.  Phase III, at the way it has been submitted to date, is 200 additional units that would generate 62.  From reading the vesting agreement, they are proposing 1,127, which would be a 45% increase over the 775 that they have submitted to date.  There would be another 350 students that would be generated by that increase as well.  There will be a need of between 12 and 17 additional classrooms that would have to be constructed for this development.  Additional classrooms result in additional teachers, and there will be a need of additional buses in order to get the students to the schools that they have to either rezone or send them to.  They are looking at a range of a reduction in education impact fees of between $3.6 million to $5.4 million, which would be significant to the school system when they consider they need to accommodate with new construction and new teachers at 2022/2023 rates and not 2007 rates. 

Chairman Zembower requested clarification of whether Mr. Ranaldi was speaking in support or opposition of the requested continuance.  Mr. Ranaldi responded to continue would be fine, but they really see no grounds at this time to really move the vesting forward because they are so far out when it comes to the actual rates that they are asking to be assessed.  He would support the continuance if they could be involved in the discussions with the developer and the County, because they would like to have a seat at the table.

Kami Corbett, Law firm of Hill Ward Henderson, representing Seminole County School Board, clarified the school board is objecting to the continuance.  They think it is time to put this matter to rest and reject the request for the additional extension of the vesting certificate.  It is now 28 months beyond the date of the adoption of the new fee; and to consider vesting a portion of the development, let alone the entire development, until 2022 sets a bad precedent and is in direct conflict with the Land Development Code.  If the vesting period is extended and these units are constructed, the school board will be expected to provide necessary capacity to accommodate the children generated from this development and will be forced to do so based on an impact fee rate established more than 15 years earlier.  They understand there is a desire to be fair to the developer, but they ask that is done without being unfair to the school board.  If the Board does opt to continue, the school board should also have a seat at the table in these conversations.  They would like the Board to continue to work with staff to bring back an alternative funding source to incentivize the redevelopment of this property.

No one else spoke in support or opposition and public input was closed.  Public speaker registration received and filed.

Commissioner Carey commented the Board took action back in January which extended it to March 24th and then there was the executive order which tolled all agreements.  She inquired if this was continued by that action.  Mr. Applegate responded it was; but in an abundance of caution, they thought it would be prudent for the Board to consider it so there is no argument down the road about the tolling order.

Commissioner Carey noted part of the delay in Phase I was the fact that they could not accommodate the utilities.  She inquired what the status was on that.  Ms. Guillet responded they have a strategy moving forward.  They included 22 months in the proposed vesting for Phase I.  It is important to note the Applicant was prepared to pull building permits under the initial vesting agreement for Phase I but for the lack of adequate sewer capacity, which is in part the County's responsibility.  The old impact fees would have applied to Phase I if there had not been an issue with the sewer lines.

Commissioner Lockhart stated she does not disagree the developer isn't entitled to what they are due, but she is perplexed as to why that should be coming from the school district because they weren't involved in the water and sewer determination.  This is already being felt from an operational standpoint by the school district separate and apart from any impact fees that they may be missing out on.  This is going to draw out the ability for any other students to attend English Estates Elementary School because that capacity has been accounted for and shifted to an entirely different elementary school during this time.  From her perspective, a more rational nexus is they should be actively and aggressively looking at how the County can give water and sewer impact fee credits to make up for those funds, which would be something for staff to try to figure out with the developer.  The Commissioner commented she gave her opinion on this the last time they discussed it.

Chairman Zembower advised he spoke with Terry McCue, Environmental Services Director, on the issue with the water and sewer lines.  He was given a timeline that the construction of the water and sewer improvements would possibly completed by the end of 2021.

Commissioner Carey stated they have not been having an open discussion with the school board, and she knows they have made some operational changes.  She thinks it is important for the school board to be kept up to date on the construction timeline.  The Commissioner does not have an issue with the request for the continuance for both the vesting or Second Amendment.  However, in order for the school board to adequately plan for their upcoming school years, they need to be in the loop on critical dates.

            Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the First Amendment to the Fern Park Boulevard Extension and Oxford Road Widening Developer’s Agreement for property located generally near the southeast corner of the intersection of U.S. Hwy 17-92 and SR 436; and to continue to June 9, 2020 at 1:30 p.m., or as soon thereafter as possible, the request to approve an additional 22-month extension of the Restated Educational System Impact Fee Vesting Certificate for the Oxford Apartments Phase I to January 25, 2022; and approve the Second Amendment to the Fern Park Boulevard Extension and Oxford Road Widening Developer’s Agreement.

Commissioner Dallari stated he hopes staff realizes the Board, even though it is not part of the motion, wants the school board to have full transparency by having a seat at the table.  Chairman Zembower confirmed with Ms. Guillet there was a clear understanding to keep the school board engaged.  Ms. Guillet responded they would keep the school board in the loop with respect to timing.  However, she would defer to Mr. Applegate whether they necessarily would have a seat at the table in the negotiations with the developer.  Commissioner Carey stated this is the County's impact fee and she feels it would be unfair for any developer to have to negotiate with both the County and the school board.  The fees are set.  They know what the vesting opportunities are.  They know what the action is that has been taken.  They know why the delays were there.  By her previous comment, she meant the school board needs to be briefed on the timing as they go through each step of the process.  Commissioner Lockhart agreed the school board does not have standing with respect to sitting around a table and negotiating with the developer.  However, they would not be involved if the County wasn't entertaining the idea of extending the impact fee credits further.  They keep having conversations about trying to remedy a situation for a developer that was created in part by staff and not the school board, but the schools are going to be the ones that are sacrificing revenue.  She is perplexed why they would not instead be offering up something that would impact the entity that actually has helped to create the delay.

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

Agenda Item #32 – 2020-1986

Noise Ordinance Chapter 165 and Land Development Code Amendment


            David Shields, Senior Assistant County Attorney, addressed the Board and presented the request as outlined in the agenda memorandum.  Mr. Shields stated as a result of input received on May 11th, there is one last recommended change to the Chapter 165 revision.  On page 16, lines 340 and 345, there is the word "motorboat" in a couple of places.  The recommendation is to change that to Watercraft, with a capital, because the term "watercraft" is defined in the definition section of Chapter 165 and the term "motorboat" is not.

Lisa Schott, Quietly Making Noise, presented and reviewed a PowerPoint entitled Seminole County Noise Ordinance – Overview (received and filed).  Upon request of Chairman Zembower, Ms. Schott compared C level to A level and provided some examples of what someone may hear in the way of C-level-type noises.

Commissioner Dallari inquired how residential generators during a state of emergency will be addressed.  Mr. Applegate responded if someone complained about the sound in those situations, it would have to comply with the ordinance.  Mr. Shields added there are a list of exceptions and that can be added.  Ms. Guillet noted that can also be addressed in either a local state of emergency or an executive order.  Mr. Shields recommended having it addressed in an executive order.

Commissioner Lockhart inquired how enforcement will determine that a car or home with loud music has reached the C level.  Mr. Shields responded Florida statutes govern car noise, and this ordinance is aimed more for residential areas.  Commissioner Lockhart requested clarification if they will be using the same method as they currently do for the vehicles.  Mr. Shields explained a reasonableness standard, which is a term that is heavily litigated, is what is currently in effect, and the deputy will issue a citation or take other action based upon his or her judgment.  By having specific limits and the sound meter, there will now be concrete standards which can be measured and presented in court if needed.  Commissioner Lockhart inquired if there will be equipment distributed to deputies and how will this be enforced once it's put into effect if passed.  Mr. Shields advised Mary Ann Klein, General Counsel for the Sheriff's Office, is available to answer in more detail, but the Sheriff already does have sound level meters.  Commissioner Lockhart clarified she wants to make sure that this ordinance will give Enforcement the resources they feel they need.  Mr. Shields explained this revision will introduce a new level of precision in the process, which is what is currently lacking.  It is like going from a sign that says "please, drive slowly" to a posted speed limit sign.  Mr. Applegate added the Sheriff's Office signed off on this ordinance.  They worked on it together, and the Sheriff's Office was satisfied they had the enforcement capabilities.

Commissioner Carey stated she does have some concern of the new language such as generators.  If you have a permanently installed generator, it exercises once a week.  The Commissioner requested clarification if airboats will fall under watercrafts.  Mr. Shields explained the watercraft part of this ordinance only deals with someone who is doing mechanical work on a boat.  When they are out on the water, Chapter 190 of the Seminole County Code, Parks and Recreation, will govern.  The Commissioner is also concerned with changing the time restriction from 11:00 p.m. to 10:00 p.m.  Mr. Applegate suggested that they could add a section about generators in use either during emergencies or when they are being tested or when there is a power outage at the home or business.   A discussion ensued regarding generators.

Ms. Klein confirmed the Sheriff did work with county staff on the ordinance and is in support of the revisions to the extent they now have objective criteria. 

With regard to public participation, Jonas Pearson, 1380 Heavenly Cove, spoke in support of the noise ordinance and suggested increased penalties for repeat offenders. 

No one else spoke in support or opposition and public input was closed.  Public speaker registration received and filed.

Upon request of Commissioner Dallari, Mr. Shields addressed the comments of Mr. Pearson regarding repeat offenders.  Mr. Shields explained on pages 22 and 23 with respect to civil citations, increased penalties for repeat offenders is currently in effect.  The sliding scale of penalties is in Chapter 53 of the Seminole County Code.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt Ordinance #2020-15 amending Chapter 165 (Noise) of the Seminole County Code; and adopt associated Ordinance #2020-16 amending Part 68 (Performance Standards) of Chapter 30 (Zoning Regulations) of the Land Development Code in order to provide updates to conform with concurrent revisions to Chapter 165 of the Seminole County Code related to noise.

Commissioner Constantine requested the amendment regarding the term "Watercraft" requested by Mr. Shields also be included in the motion.  Commissioner Dallari amended the motion to include the requested change of the term “motorboat” to “Watercraft.”  Commissioner Constantine agreed to the amendment.

Commissioner Carey inquired if anyone else was concerned with reducing the hours from 11:00 p.m. to 10:00 p.m. in a residential area.  She does not think that is reasonable.  Commissioner Dallari responded he does not have any issues with going to 11:00 p.m.  Commissioner Lockhart stated since it is already at 11:00 p.m., she is comfortable with leaving it at 11:00 p.m.  She also thinks the generator situation needs to be addressed. 

Commissioner Dallari amended the motion to have the residential hours go until 11:00 p.m.  Commissioner Constantine commented there cannot be two amendments on one motion and suggested Commissioner Dallari withdraw the motion and remake the motion with both amendments included.

Commissioner Dallari withdrew the motion.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt Ordinance #2020-15 amending Chapter 165 (Noise) of the Seminole County Code; and adopt associated Ordinance #2020-16 amending Part 68 (Performance Standards) of Chapter 30 (Zoning Regulations) of the Land Development Code in order to provide updates to conform with concurrent revisions to Chapter 165 of the Seminole County Code related to noise; allow restrictions on residential hours go to 11:00 p.m. instead of 10:00 p.m.; allow for emergency generators to be exercised during daytime periods; and change the term "motorboat" to "Watercraft."

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

Agenda Item #33 – 2020-2029

BOA Appeal/2225 Hunterfield Road/Kelly Costantino, Appellant/Mary Doty Solik, Applicant


            Kathy Hammel, Planning and Development Division, addressed the Board and presented the request as outlined in the agenda memorandum.

Mary Doty Solik, Applicant and Counsel for Verizon Wireless, introduced Courtney Barnard, Verizon Wireless State and Local Government Affairs Division; Scott Henze, Verizon Wireless Senior Project Manager; Pete Nason, Verizon Wireless RF Design Engineer; Marissa DeJesus, Verizon Wireless Construction Engineering; and Jacqueline Gwynn, Verizon.  Ms. Solik presented and reviewed a PowerPoint entitled Verizon Wireless (received and filed).  She explained Verizon Wireless has been providing wireless service to the residential neighborhoods surrounding the Hunterfield Road water tower for almost 24 years, and there are currently nine antennae mounted in plain view on the water tower.  The City of Casselberry would like to dismantle the water tower, but they have a contract with Verizon that runs until 2026 which prevents them from doing so.  Staff and the Board of Adjustment have evaluated the special exception and variance applications twice and have determined that Verizon meets all of the criteria required for approval.  Ms. Solik also discussed a monopole tower, wind load standards, and the fall zone. 

Commissioner Dallari requested clarification in regard to the plans that state Casselberry Water Tank Rebuild.  Ms. Solik, explained that is the nomenclature used in-house with Verizon.  They do not intend to build a water tank.  It is an existing site and the monopole construction is a rebuild of that construction site.  Commissioner Dallari inquired about a generator that is right up against the property line, and Ms. Solik responded it is an existing generator. 

Randy Newlon, City of Casselberry City Manager, Co-Applicant provided a history of the water tower, other structures on the property, and contract with Verizon.  He explained if Verizon is permitted to relocate their equipment onto a dedicated monopole, the City can quickly move forward to dismantle the water tower and demolish the buildings that are not needed any longer.  This process has been going on for a few years and they have responded to many complaints about the water tower being an eyesore.  The City would favor the special exception. 

Commissioner Carey confirmed with Mr. Newlon if the Board decided to not approve the variance, the City would leave the water tower there until 2026 to meet the lease obligation.  The Commissioner requested confirmation that this started out as an outcry from the public about the water tower.  Mr. Newlon responded it did.  The water tower is an obsolete asset and it would cost more to restore it than it would to remove it.  Chairman Zembower inquired if there had been a structural integrity analysis of the water tower, and Mr. Newlon responded there had not.  The Chairman asked if City Engineering or Utilities believe this water tower would be structurally jeopardized due to its age, and Mr. Newlon responded his staff has advised there is not a concern.  The Chairman noted the lease has additional terms for extension of two, five-year terms after 2026.  Mr. Newlon explained the last five-year extension will be from 2021 to 2026. 

Kelly Costantino, Appellant, 1301 Stratford Road, presented and reviewed a PowerPoint entitled Hunterfield Road Appeal BS 2019-09 and BS 2019-97, May 12, 2020 (received and filed).  Ms. Costantino discussed community notification and meetings in 2016, the monopole, Seminole County Land Development Code provisions pertaining to special exceptions, the height of the proposed structure, the site, the proximity to homes, the fall zone, and the site not being on a natural tree line or forest edge.  If the Board approves the special exception, she requests the following conditions of approval:  reposition of the tower to a safer and more centrally placed location on the site or a reduction in height if the tower remains at the proposed location; an appropriate camouflage structure with concealed antenna, whether it is a monopole or other structure, or an agreed-upon shrouding of the exposed antenna to the extent exposed antennae are part of the approved design; reduction of the height of tower if it's too tall for realistic camouflage treatment or concealed antennae; restriction to one carrier, if to not one carrier, then to not more than three with all future carrier antennae subject to the same concealment or shrouding if no other camouflage option is required; a requirement for appropriate landscaping and concealment of ground equipment along with appropriate landscaping and fencing.  If those conditions are not imposed, she is requesting a denial of the special exception.

With regard to public participation in support of the special exception, Julie Lebelle, 1908 Poinsetta Lane, HOA president for Bel Aire North, spoke and discussed the number of antennae on the tower, location on the property, and the aesthetics of the replacement tower.  She noted the granting language will need to be specific to address those issues and hold Verizon accountable.  They did a digital survey in their neighborhood, and the camouflage tree design is enthusiastically supported as opposed to a clock tower or flagpole design.  Ms. Lebelle commented she is a real estate broker and disagrees with the opinion provided that the tower is detrimental to property values. 

With regard to public participation in opposition to the special exception, Shawn Cable, 2165 Hunterfield Road, English Estates - English Woods HOA President, presented and reviewed a PowerPoint entitled English Estates (received and filed).   Mr. Cable advised there are over 200 signatures in opposition and nearly all the residents in the variance zone oppose the tower.  In discussing their concerns and reasons of opposition, he mentioned property values, safety, and aesthetics of the community; separation distance; and the 20-foot drop zone.

John Murphy, 2060 Hunterfield Road, also spoke in opposition and mentioned the removal of the water tower will require the removal of five to six mature trees to allow a crane to work on the site, Duke Energy's easement, impacts on aquifer, and the fact that no environmental studies have been done.

No one else in the audience spoke, and public input was closed.  Public speaker registration received and filed.

Ms. Solik addressed Ms. Costantino's comments regarding the 2016 community notification and meetings, the 2017 approval meeting, and tower disasters.  She reviewed Verizon’s proposed camouflage options.  She explained the proposed tower is capable of supporting multiple carriers, which is a requirement of the Seminole County Code, and co-location of existing antennas is protected under state and federal law, so Verizon would object to any limitation on additional antennae on the tower.  She addressed property values based on proximity to cell towers, slag, relocation of the tower on the property, tree removal, and landscape buffer.  They request the Board uphold the site plan that was approved by the BOA based on the variances that were specifically described in that application.

There was an extensive question and answer session between the Board, staff, and the applicant.

Commissioner Lockhart inquired of the County Attorney if the Board could legally ask the applicant to include aesthetic shrouding to the pole.  Mr. Applegate responded the Board can ask for aesthetic changes as long as it does not interfere with the service under the federal act.  Commissioner Carey clarified with Mr. Applegate the applicant has offered three options, so the Board is not asking them to do something over and above, and the Board can pick whichever one they prefer.  Ms. Solik confirmed there is also the option of a palm tree instead of a pine tree.

            Motion by Commissioner Lockhart, seconded by Commissioner Carey, to uphold the Board of Adjustment decision to approve the request for a Special Exception for a proposed 128-foot communication tower and 34 variances to the required separation distance from properties with a single-family land use and/or zoning classification in the R-1A (Single Family Dwelling) district for property located on the north side of Hunterfield Road, approximately 150 feet west of Oxford Road; adding the landscaping requirements that are outlined in the Land Development Code, and staff’s approval of the site plan to include anything that was discussed that can be legally done to help with the aesthetics and the shrouding; Kelly Costantino, Appellant; Mary Doty Solik, Applicant; Development Order.

Under discussion, Commissioner Carey and Chairman Zembower advised why they would be supporting the motion.  The Chairman requested staff and Verizon work closely with the community to do what is best.

Commissioner Dallari requested clarification because the motion did not say camouflaged tower.  Commissioner Lockhart responded her motion included something aesthetically pleasing that would camouflage the antenna.  Commissioner Carey stated they have seen three examples that Verizon presented.  In her opinion, all three of them are camouflaged.  As the seconder of the motion, she took it that the motion-maker is satisfied with any of the examples that have been presented by Verizon and was going to leave it to staff to work it out as to which one is approved.  Chairman Zembower stated that was his understanding and inquired if that also included the palm tree option.  Commissioner Lockhart stated the community wants something that fits in with a residential environment, and utilities by nature don't fit in.  A 128-foot palm tree is not normal either.  She doesn't want to put staff in that position.  However, she does not have a preference and the community is divided.  Mr. Applegate advised the Board should make the decision on what the camouflage will be for the tower and not staff.  Commissioner Carey requested the three options be displayed again.  A discussion ensued regarding the options.

Commissioner Lockhart withdrew the motion, and Commissioner Carey agreed.

Motion by Commissioner Lockhart, seconded by Commissioner Carey, to uphold the Board of Adjustment decision to approve the request for a Special Exception for a proposed 128-foot communication tower and 34 variances to the required separation distance from properties with a single-family land use and/or zoning classification in the R-1A (Single Family Dwelling) district for property located on the north side of Hunterfield Road, approximately 150 feet west of Oxford Road; adding the Land Development Code landscaping requirements that can be worked out with staff’s approval; and including the pine tree camouflage design; Kelly Costantino, Appellant; Mary Doty Solik, Applicant; Development Order.

Chairman Zembower stated the pine tree option appears to resemble a Norfolk pine and requested having Norfolk pines as the landscape that would blend in.  Commissioners Lockhart and Carey agreed.

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

Chairman Zembower recessed the meeting at 6:09 p.m., reconvening at 6:25 p.m.


            Ms. Guillet stated she would like to get some direction from the Board with respect to their ongoing activities at the Rescue Outreach Mission.  She reminded that in September the Board approved an Emergency Funding Agreement to help keep activities at the Mission moving forward.  They authorized additional funding up to $120,000 with some conditions and performance criteria.  Shortly after execution of that agreement, their executive director left.  As the Board is aware, the County has been loaning a staff person, Bonnye Deese.  She is with the Community Services Department and has been doing both her job and serving as the interim executive director at the Mission.  The Sheriff’s Office has also loaned Bernie Johns, who has been working hand in hand with Ms. Deese, and they have made some incredible improvements.  When they executed the agreement, $120,000 was based on an estimate of $40,000 per month in expenses, so they anticipated that the agreement would carry them through for three months and give them an opportunity to get a plan together so they could stand themselves back up.  Part of that agreement was to allow the Board to appoint some members to the Mission’s board to ensure that they had involvement and engagement and were able to also get some business people in the community engaged to help them.  That was anticipated to take 90 days and they are now nine months into it and the current coronavirus crisis has created a lot of additional challenges.  They have fallen out of the original intent and timeframe of that Emergency Funding Agreement. 

            Ms. Guillet explained she would like to discuss what they do moving forward.  From the time period when the agreement was executed until now, with the outstanding draws the Mission has, they will have gone through the entire $120,000.  They have also gotten funding from Advent Health and an emergency food and shelter grant from the United Way, which is through FEMA, and they have gotten some other donations also that have helped them extend the original time period.  She opined the time period is important for a couple of reasons, they have been lending County staff and Sheriff’s Office staff out for a number of months and they still have their regular jobs, but they need to start accomplishing what they intended to accomplish under that agreement, which was to get a sustainability plan together for the Mission so they can operate independently.  The other reason that the timeframes are important is the Mission had a year to perform from the execution of the agreement.  And the membership on their Board was to last for a year under that agreement.  So they have three months left for them to demonstrate that they can stand on their own.  She opined she does not think that is enough time to get the sustainability plan completed, which they do not have yet, to be able to help them pull that together, and also for the County to recognize that the investment made of $120,000 additional dollars was one that made a difference.  She reminded at the time, if they were not able to stand themselves back up in nine months, operation of the Mission would revert to the County.  They have made some progress; their board has been meeting somewhat regularly.  She feels they need more time, but she is not comfortable providing any more funds at this point in time. 

            Chairman Zembower noted when this originally started, Commissioner Carey was the chair and had appointed him to that board.  They met with and had very candid discussions with that executive board as to how important it was to get them on their feet and make them be sustainable on their own, including getting their finances in order.  Since then Commissioner Lockhart has taken that board position. 

            Commissioner Lockhart advised that on March 7th, a small group of board members were able to meet for a weekday retreat.  She understands there was a lot of discussion about how they wanted to move forward as a board.  On Friday, the entire board received the summary of that discussion and the direction they would like to go in.  There is some feedback that other members of the board provided over the weekend.  And they are working on revising and trying to get the plan into something that can be presented to the Commissioners.  There were wonderful folks who served on that board for many years that have a great desire to serve, and there are new members that the BCC appointed who have some wonderful business acumen.  The gelling of that has not quite been as successful as maybe they would have hoped.  There are some opportunities to still have that board gel a little bit better.  She is concerned that the County has staff who are there and they do not have a Memorandum of Understanding in place for the work that they do there, and there is some confusion about who really is giving direction and who is taking direction.  That is frustrating for anyone in any circumstance.  If the County is going to continue to have a role there, that has to be solidified and clarified for the benefit of the organization and for the benefit of staff.  That would be a top priority from her perspective. 

            Chairman Zembower asked if she is proposing any action.  Ms. Guillet responded she actually has some recommendations.  Based on her conversations with staff and based on her conversations with Commissioner Lockhart, her recommendation would be that as a condition of continued involvement of the County and as a condition of eligibility for additional funding, within the next 30 days, the Rescue Outreach Mission board must execute a Memorandum of Understanding, as Commissioner Lockhart mentioned, with respect to the services that are being provided by the County and the Sheriff’s Office staff.  Ms. Guillet agreed with Commissioner Lockhart that it is difficult to have several masters and not really know who is giving the direction.  She also has concerns from a liability standpoint that staff is working over there without some sort of understanding as to who is responsible for what.  She noted staff has put together a draft MOU that would address those concerns.  She also recommends they require the Mission to do, in the next 30 days, is to execute amendments to the original Emergency Funding Agreement that address some of the performance deadlines for the Mission; specifically, they have a condition in there that states if they fail to continue to operate within a year of the execution of the agreement, which is now September, the County would be able to step in and take over.  She opined they need to extend that time because they really haven’t gotten a plan yet where they can demonstrate that they can operate independently.  She also thinks they need to extend the timeframe for the involvement of BCC appointees on their board because that will also end in September.  If they are going to continue to be involved, she thinks it is important to have a voice on that board.  And the third thing she thinks they need to demonstrate is some progress on that sustainability plan in the next 30 days.  She feels it is a great start but she does not know if it is a really well-defined roadmap for them to really be able to accomplish their tasks.  She thinks if they are forced to show some progress in 30 days, that will be really important to impress upon them that this is something that needs to get done.  They thought it was going to be done six months ago.  If they are going to continue to have staff involved and if they are going to continue to consider them in the future for funding, she asked that they have those requirements in place and report back to the Commissioners at the meeting in July.  Then they can make some decisions about what they want to do moving forward about emergency shelter services.

            Commissioner Carey questioned whether they know for a fact that the Rescue Outreach Mission organization right now has adequate liability insurance in place.  If they don’t know the answer to that, they should probably confirm it.  An organization that receives funding from the County has to provide that information.  They have had so many financial issues and the executive director is not there; someone needs to get an accord form proving they have the required insurance in place to protect not only the County but also themselves.  Ms. Guillet advised they will confirm that.  She knows they did make arrangements for them because they did not have Worker’s Comp insurance, so they have taken care of that.  Assistant County Attorney Desmond Morrell has been working with Ms. Deese on some of the issues over there.

            Commissioner Carey expressed if it were not for County staff and the Sheriff’s staff, nobody would be running the shelter and it is a vital service they provide.  Right now with the COVID-19 pandemic, there are probably more people trying to get into the shelter, which she understands is full.

            Commissioner Carey remarked probably some of the frustration between the board that has been there for awhile and the new board members who have more of a business attitude is that if you have a failing business, sometimes you have to do things pretty quickly to just snap off the Band-Aid and make some decisions to get the business to be able to survive.  And usually they are not pleasant, but if you don’t do that, sometimes you cannot save a business.  She is sure that is how their business members that have been appointed are looking at that.  But the reality is that if they don’t perform, the County is going to get this facility back in three months.  While she thinks they need to get the MOU in place, she thinks they need to be prepared that at the end of three months, they are going to have the shelter sitting on the doorstep of the County.  Then she imagines their intent would be to try to find a not-for-profit that could manage it, because they would like it to stand on its own and not be an agency of the County.  She thinks they have some tough decisions to make, but sometimes kicking the can down the road doesn’t help get the attention of the people that are trying to just drag it along and see what they can do.  If they could have done something, she promises they would have.  She said by continuing it without thinking they are getting it back, they are probably just kidding themselves.  Chairman Zembower said he agrees with Commissioner Carey.  He added his recommendation would be that they start that process sooner rather than later.  They should be looking in 90 days that they are going to have to take this over and they should probably start that dialogue with other entities who they believe or may have an interest in running the operation.  He noted they may surprise them in 30 days, but he doesn’t want taxpayer dollars continually poured into it either in the way of cash infusions or staff time.

            Ms. Guillet explained in connection with the terms of the Emergency Funding Agreement, why she is suggesting they require them to sign an amendment extending those timeframes.  They have enough funding by staff’s estimation to operate through August.  Their performance period in the agreement is that they have to remain operational for a year after the execution of the agreement or the County steps in.  So the execution of the agreement was in September of 2019 and they have enough money to get themselves through August, so they only have to stand up for a month and then they are out from under the obligation of performance, which would lead the County to a position of being able to step in and take over, which is why she is suggesting that they tell them if the County is going to continue to be involved with staffing and if they are going to consider them at all in the future to be eligible for any kind of funding through their emergency services grants or any of that, they need to execute that and say their performance period is extended so they can really see if they are going to be able to perform.  They have to actually fail and close the shelter down for the County to step in and they only have until September to do that.  If they fail after September, the County is outside the term of the Emergency Funding Agreement and they don’t have the right to step in and take over, which is why she is saying they need to get them to agree to extend that window of when they can step in and extend the window of when the BCC appointees continue engagement on their board, so they can actually gauge whether or not they are going to be able to succeed.  She is not saying they continue to support them for that period of time; she is saying that their performance window be broadened so that after the County steps away, if they cannot maintain, then they can step back in.

            Commissioner Carey said she hears what Ms. Guillet is saying and agrees with that, but she knows before they got into this, they had a conversation about the obligations and the funding the Board has already given them, and they have mortgages in place.  So if they fail, they are going to end up with it anyway as the mortgage holder.  She asked if that was correct and Ms. Guillet replied yes, on some of the properties.  She does not know that the shelter itself is one of those properties.  Commissioner Carey said she can support what the County Manager is recommending, but she would like to know exactly what happens if this fails and they are outside the window, then what happens.  What would the County be foreclosing on or whatever the case may be, because this community cannot afford for the shelter to close.

            Ms. Guillet agreed and advised they are working on contingency plans should something happen and the County is not eligible to walk in.  They did have them execute deeds on all the properties they have and hold them in escrow as a performance element, but she does not think that all of their properties are part of the commitments relative to other funding agreements, but she will get that information to the Board so they know which properties they are talking about.  She said she is not suggesting at this point that they provide any more money, but she is suggesting they keep staff engaged for the next 30 days until she can report back to the Board to give them an opportunity to get the three elements: 1) progress on the sustainability; 2) MOU for staff; and 3) execution of amendments to the original funding agreement to open those windows of performance to a later date.

            Chairman Zembower stated he understands and can support that but asked Ms. Guillet to understand even though the BCC is not giving additional funding, they are funding it in manpower as well as the Sheriff’s people to keep the operation going.  He does not disagree; they need a homeless shelter in Seminole County, but to continue being hamstrung letting this limp along is just putting off the inevitable.  He is happy to look at her proposal, but he thinks this Board is going to have to make pretty hard decisions sooner rather than later of where they go with the homeless shelter, whether it is the County running it or the non-profit running it.  There is no doubt in his mind, as a businessman, unless some miracle occurs in the next 90 days, they better be prepared to run a homeless shelter.

            Commissioner Dallari asked how much time Ms. Guillet thinks is appropriate for an extension on the MOU.  She answered the extension on the MOU would simply be an extension of the time period that the Rescue Outreach Mission has to stay open.  She reiterated they originally anticipated that they would have to demonstrate that they could operate for a year, and if they failed during that year period, the County had the right to step in and take title to the property.  As it stands right now, they have three months and then after that, while the County would get some properties back through other funding agreements, they don’t have the right to step in and actually run the shelter; they just gain title to the property.  Commissioner Dallari asked if she thinks it would be an additional three months or six months.  Ms. Guillet responded she thinks it would be 12 months after September.  She is suggesting that they need to show progress before the July board meeting or they will pull the plug.

            Commissioner Carey stated they talked about trying to have additional board members appointed by the County Commission from the community to help solve this.  She questioned if that is something they should include in that conversation because right now, the business leaders that are new to the board and the County Commission group are in a minority of the board members. 

Commissioner Lockhart opined it would be helpful to have additional board members or at least change the way that it is set up.  In their bylaws, they have a capped number of board members and the County has a minority of that number.  It would be helpful to encourage them to amend their bylaws to allow for a greater number of board members, which would then accommodate additional appointees.  She added there are questions and concerns that continue to crop up.  The Inspector General, Bill Carroll from the Clerk’s Office, is still trying to get all of the information so he can finalize his audit and he is struggling getting information, and that is troublesome.  She noted there is a line of credit outstanding at a local bank and for some reason, they are having trouble getting documentation on that line of credit from the bank.  She doesn’t know what it will take to get the switch to flip so they can start to get more information to make better decisions, but that is even hard right now.  Lisa Spriggs from the Sheriff’s Office is trying very hard to recreate the last several years of financials and it has not been easy; she has been working on it for quite some time. 

Commissioner Lockhart stated from her perspective, in the current agreement that they have, there are already items that would be considered in default regardless of the number of months they are supposed to be able to pull up on their own.  The loss of the executive director is one of the things that puts them in default at this point.  They are trying to hire a shelter manager and there is some confusion among the board of what the job description of a shelter manager would even be, and frankly, she said she does not even know how they will fund a shelter manager position moving forward.  But somebody has got to be minding the store and they do have some wonderful staff over there; they have some really hard-working employees who help with the clients who live there, day in and day out, and she does not want, in any way shape or form, for anyone there who is pouring their heart into the Mission to feel like they are not valued and the work that they are doing is going unseen.  From a fiduciary perspective, there are a lot of holes in the bucket.

            Chairman Zembower asked Ms. Guillet if she was going to put something together and bring it back to the board.  She responded that she would like to be able to put something together and have the authority to move it forward to them so she does not have to wait for another board meeting to get it out there.  It might take a little bit of time for them to actually get their board together to approve it.  She would like to keep it moving if this Commission is comfortable with the concepts she has laid out.  Commissioner Lockhart advised they have a board meeting scheduled this Thursday.  Chairman Zembower stated he is fine with that and asked that she lean on all the Commissioners for input.  He said as good as the people are and as good as their hearts are that from a business perspective, the finances are a mess, and the finances have been a mess for years.  The County’s interaction has not cured that.  He added he has zero interest in pouring more dollars into a sieve.  He thinks at the end of the day, this Board will have to decide where they are going to be and what money they will have to put into it, so moving forward, they need to have a good plan that puts them in the right position to take over the Mission when that day comes and not be able to skip a beat.  Make sure their insurance is in place, make sure their accreditations are in place, and all those other things they need to have in place, and he does not know if they can get that done in 90 days, but he is happy to listen and have an open mind.  Ms. Guillet expressed she does not know if they will get it done in 90 days, but thanks to Mr. Johns and Ms. Deese, they have made significant progress in trying to unravel things there.  They’ve done a great job and both the staff and the board members all care deeply.  She thinks maybe they need to be more direct and rigid with respect to what they need to accomplish and when they need to accomplish it.  They were probably not as specific as they should have been in the original agreement.

            Commissioner Carey indicated she thinks that the direction should be for the County Manager to work with Commissioner Lockhart, who serves on that board, and the Chairman’s Office to outline strict, goal-driven accountable dates, deadlines, and specific tasks that have to be performed during the timeline.  There have got to be specific actions that need to be taken by dates specific and if they are missed, they are in default.  The fact that they can’t get the financial information put together to be able to audit the past couple of years is not good.  She does not think the agreement should include any money in it at all; they are already doing that by having two employees out there.

            Commissioner Constantine said he thinks they have gone around and round about what they all want and that the County Manager has the idea.  

            Motion by Commissioner Constantine, seconded by Commissioner Dallari, to direct the County Manager to work with Commissioner Lockhart and try to formulate something and do it as quickly as possible

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


            Ms. Guillet explained they needed to talk about the BCC meetings and work sessions in June.  She had talked with all the Commissioners individually and confirmed the changes to the meeting schedule for June and they will continue to be held virtually.


            Ms. Guillet said in regard to Memorial Day, staff has put together some suggestions for doing a virtual ceremony at the Heroes Memorial with a handful of people but it would be broadcast to the public.  This will be Ed Burford’s last Memorial Day as the Veterans Services Officer. 


            Ms. Guillet reported she had a meeting last week with representatives from Inspire.  She reminded the County has a loan agreement with them; they’ve lent them $95,000, and that agreement has been amended several times.  It was most recently amended to set up a repayment structure where they pay about $15,800 every year for 6 years.  They made the first payment under the agreement last year and the next is due in June, and they have asked for an extension on that payment.  She requested the Board’s authorization to extend that payment by 180 days.

            Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve an extension of 180 days to December 2020, for repayment of a loan agreement, the second of six payments, in the amount of approximately $15,800, for Inspire of Central Florida 

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


            Ms. Guillet reminded they issued an executive order with deadlines for a number of agreements and some of their programs for the duration of the local state of emergency, which right now is 70-80 days.  One of the programs they have interest in is the Code Enforcement Amnesty program.  She thinks people had to have their stuff done by the end of June in order to qualify for that program; they may need to bring something back to the Board that extends it beyond however long the state of emergency may be.  Chairman Zembower noted he would like to know why because a lot of people are not working or are working from home, so he would think that there has been plenty of time, or even more time and opportunity, to come into compliance.  Commissioner Carey opined while they may have the time, they may not have had the resources to do whatever they needed to do.  First, you have to have your taxes up to date, and those have been extended.  For those out of work, whatever money they had, they did not want to spend on fixing up their place not knowing where their next meal may come from.  The purpose was to get people to come into compliance.  Ms. Guillet said she wanted to know if the Board is comfortable looking at this.  It was determined there was consensus of the Board.


District 3

Commissioner Constantine announced future meetings that he will be attending virtually.

District 4

Commissioner Lockhart questioned if they still participate in a multi-party agreement with the Lake Brantley pool.  Commissioner Constantine answered that he thinks that is the City of Altamonte Springs and not with Seminole County.  Chairman Zembower agreed.  Commissioner Carey added there was County money invested for that pool, so she suggested pulling that agreement and looking at it.  Commissioner Lockhart explained she had an inquiry from Senator Rubio’s Office.


Commissioner Lockhart indicated the Rosenwald RFP is out there so they cannot discuss it, but staff is trying to figure out a way to move forward with that.  She would like to encourage them to continue to move forward with selection processes even during this time.  She has had an inquiry from the community about where they are.  Ms. Guillet advised that Joe Abel, Deputy County Manager, had a discussion with Commissioner Lockhart’s contact yesterday, and they should have something set up this week for community input on that.


Commissioner Lockhart commended staff for their efforts during the difficult times of the pandemic.  Ms. Guillet thanked the Commission for their support.

District 5

Commissioner Carey reported in connection with the Orlando Sanford International Airport that revenues in March were off 46% and in April the passenger count was 3,880.  To put that into perspective, in April of 2019, the passenger count was almost 300,000.  They are having additional meetings to talk about budgeting and funding and what they can do.  International travel is still suspended so the Charter business cannot come into the country.  Allegiant did receive some CARES funding, but they expect this will be a two- to five-year recovery period.  They also expect that there will be a fleet reduction.  In addition, they are modifying their operations that will include masks and gloves for passengers and they won’t book any middle seats, so this is really having an impact on the aviation industry as a whole, and it is having a terrible financial impact on the airport.  The only good news is the terminal expansion is 82% complete. 

Commissioner Carey advised there are similar scenarios at the Expressway Authority.  They will be meeting on Thursday and discussing some of their projects that need to be pushed out a little bit with not knowing how quickly everything will recover.  Also, they did develop the Environmental Stewardship Committee for additional oversight on environmental issues.  Ms. Guillet will be appointing someone to that board.  Ms. Guillet then recommended they appoint Rick Durr to that committee. 

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the appointment of Rick Durr, Leisure Services Director, to the Environmental Stewardship Committee.

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


Commissioner Carey noted, as mentioned previously, this will be Ed Burford’s last event on Memorial Day, and she hopes they will do something to pay a great tribute to him; he has been a wonderful advocate for veterans.  Memorial Day really is to remember those that paid the ultimate sacrifice, so she does hope people in the community will observe the 3:00 p.m. moment of silence and she would like that put on the website and on social media.  She added she would be happy to help in any way she can to give Mr. Burford the recognition he so deserves.

District 1

Commissioner Dallari advised he was contacted by the District 5 Secretary to FDOT who notified him that the westbound lane of I-4 over the weekend and a couple days prior will be a shutdown from Princeton to Gore.  There will be various lane closures starting at Lee Road.  So to try to get the Ultimate I-4 project done faster, they will be shutting down several lanes for a number of days.


Commissioner Dallari commended the Fire Chief of Seminole County who wrote an excellent letter to DOT regarding the fire protection of the express lanes.  In addition to this Commission, it was also sent to all the fire chiefs up and down I-4 in central Florida.  He believes the Mr. Drozd was very eloquent in asking for the same type of services that DOT has put into managed lanes in other parts of the state.


Commissioner Dallari reported he was contacted by the executive director of SunRail who notified him that they are going after a grant for consolidated rail infrastructure safety improvements and a grant from the federal government to do double tracking of SunRail Phase 2 capacity improvements.  He requested the Board authorize the Chairman to write a letter of support for that.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the Chairman on behalf of the County Commission to send a letter of support in connection with SunRail Phase 2 improvements.

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


Commissioner Dallari commented that the people using the trails and parks during this time have more than doubled.  He added kudos to the residents for getting outside.  He thinks they are truly blessed to have the surroundings and natural resources here in Seminole County.  With that, he has been reading their Sustainability Elements, including Conservation Elements, Potable Water Elements, and Sanitary Sewer.  He said they have not looked at the Sustainability Elements for several years now, in total.  Going back to the fall of 2019, he remembers Utilities, Inc. had a spill of 1.2 million gallons of raw sewage into the Little Wekiva River.  After the authorities looked into it, to date nothing has been done.  He went down the river a few weeks ago and saw quite a bit of the residual effect of the spill, and you can see a lot of algae on the eel grass.  He opined it is truly a shame that nothing has been done about this incident.  Because of that he would like to take a look at their Sustainable Elements and policies to make sure that they are looking at it correctly.  Something they should be looking at in that is the Rights of Nature.  He thinks that Rights of Nature could provide and give them protection.  The health and safety of their drinking water is paramount and how they should move forward.  He is requesting that staff look at that when they are looking at their Land Development Code and also at the legal aspect on how Rights of Nature works.  It is an issue they should all be familiar with and so he would like staff to look at it and report back to the Board.  He believes Rights of Nature could help protect not just the Wekiva, but all issues when it comes to drinking water.  He added it would help them to be truly Florida’s Natural Choice for generations to come.

Commissioner Lockhart stated before giving feedback, she would like to do a little research.  Chairman Zembower added he is happy to support staff doing whatever research they need to do and anything to support the wildlife in the county and report back to the Board.  He saw wild turkeys that were hit on the road this past weekend and noted that is a rare sight.  Commissioner Constantine stated he thinks it is certainly worthwhile to look at, especially when it comes to their drinking water.  Commissioner Carey would like to understand what Rights of Nature means.  Commissioner Dallari clarified he would like to have staff look at it both from a policy standpoint, from the Planning Department as well as the Legal Department.


Chairman Zembower advised he would like to appoint County Manager Nicole Guillet to the CareerSource board.  The Board voiced no objections.


He thanked staff for responding to the COVID-19 pandemic the way they have.  As they slowly get back to business, he expects it will be a slow and safe return to work for those that can return safely.  He asked for patience.


Chairman Zembower talked about a letter that he sent to the Governor and the Department of Agriculture (see Communications and/or Reports).  It had come to their attention that two of the largest state forests in the eastern rural area, which a lot of equestrians rely upon to access the trail heads to get out and ride their horses, have not reopened.  They are still not sure whether that was an oversight when they opened the state parks; however, the state forests fall under a different division.  He is happy to report they were reopened on Monday morning.


Chairman Zembower noted he has been attending the Regional Economic Resiliency Task Force.  Everyone is hearing the updates on COVID from a health perspective, but from an economic side, what has been focused on from the business community is understanding how to get people back to work.  There have been many studies that they looked at through the EDC, which it is one thing to open your doors, it is another thing to have customers come to you.  The undertone is that the companies have got to make the public feel safe.  There is a certain amount of fear and misunderstanding.  The business community is embracing the feel-safe provisions to ensure they are doing the proper cleanup at their facilities, they are wearing face masks and protection whether they are required to or not, and trying to make the consumer feel comfortable as they slowly start to come out. 


Chairman Zembower advised he had an introductory conversation with President Cartwright, the new president at UCF.  They are discussing how they perhaps can reopen the campus for the fall session.  They are looking at a number of scenarios and situations, but he did share that they have learned there may be a silver lining in this unfortunate pandemic in that they may be able to do quite a bit of distance learning.  They are meeting with their counterparts around the country on how they all will ultimately reopen. 


Chairman Zembower reported he attended the Central Florida Task Force meeting on May 1st.  The intent is to understand what the central Florida and I-4 corridors are doing in each of the respective counties as far as getting the government back up and working, sharing some of the health concerns, and what may be going on as far as getting people back to work.  A lot of the theme parks may not be opening until sometime well into June or early July.


Chairman Zembower complimented Animal Services for the new barn.  He then noted the number of animals in the shelters have been way down during this pandemic.


Chairman Zembower met with Allied Health who have opened a healthcare clinic in the Goldsboro area under the control of the State of Florida Health Department as a partner.  He opined that is good news for the folks in Goldsboro.  They are also looking for a place in East Altamonte. 



            The following Communications and/or Reports were received and filed:

1.               Letter dated May 1, 2020, from Chairman Zembower to Governor Ron DeSantis re: COVID-19 Phase I - Request consideration to reopen small businesses (barber shops/hair and nail salons, and cosmetology services) with rigid guidelines during Phase I.


2.               Letter (undated) from Chairman Zembower, to Governor Ron DeSantis re: COVID-19 Phase I - Request consideration to reopen State Forests.  cc:  The Honorable Nikke Fried, Commissioner of Agriculture and Consumer Services.


3.               Letter dated May 5, 2020 from Fire Chief Otto Drozd, III, Seminole County Fire Chief, to Jared Perdue, FDOT District 5 Interim Secretary, re:  Safety concerns in connection with the Ultimate I-4 project including fire suppression systems and limited access to express lanes.


4.               Letter dated May 1, 2020 from Tara Tedrow, Lowndes, Drosdick, Doster, Kantor and Reed, P.A., to County Attorney Bryant Applegate re:  Request for Amendment to Rural Boundary Line.







            Commissioner Carey stated one thing she thought the Chairman might mention today is trying to coordinate to get Larry Ross back in to do the follow-up.  Chairman Zembower stated it should have been circulated to everyone’s office the situation with Larry, he has some commitments with COVID-19, and they have changed his scheduling.  He would like each Commissioner to review that to see if that timeframe meets their expectations.  The Chairman said he personally prefers to stay with that consultant and not change horses halfway through the race unless someone has another idea.  It looks like he should be able to do the interview process coming up through June and get back to us at one of the work sessions in July for the full briefing.  He asked them to let his office know so that everyone understands as they evaluate the County Attorney’s and the County Manager’s performance for this past year.  Commissioner Lockhart opined keeping with Mr. Ross is the right way to go.  Commissioner Dallari also agreed. 


There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:40 p.m., this same date.