BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
August 25, 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 9:30 a.m., on Tuesday, August 25, 2020, via Communications Media Technology (CMT), through the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Jay Zembower (District 2)
Vice Chairman Lee Constantine (District 3)
Commissioner Robert Dallari (District 1)
Commissioner Lockhart (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Court and Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerks Kyla Farrell and Chariti Colón
Pastor Andy Searles, Our Church Together, Casselberry, gave the invocation. Commissioner Lockhart led the Pledge of Allegiance.
EMERGENCY MANAGEMENT UPDATE
Alan Harris, Emergency Management Chief Administrator, addressed the Board to report on the emergency management response to the COVID-19 pandemic.
AWARDS AND PRESENTATION
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve the Proclamation honoring the 100th anniversary of the 19th Amendment to the U.S. Constitution in celebration of the 100th anniversary of the League of Women Voters of the United States. (2020-2220)
Districts 1, 2, 3, 4, and 5 voted AYE.
Sharon Lynn, President of the Seminole County League of Women Voters, addressed the Board to accept the Proclamation.
Commissioner Lockhart suggested instead of going amendment by amendment, maybe next month they could just recognize Constitution Week and show support of the entire Constitution.
Commissioner Carey requested Item #41 (IFB-603836-20, Term Contract for Various Minor Construction, Renovation, Repairs, and Alterations of Structural and Non-Structural Projects) be pulled for a separate discussion. Commissioner Dallari requested Item #25 (Budget Amendment Request (BAR) #20-082, in the amount of $189,475, for additional funding for the Lake Hayes Sidewalk project) be pulled for a separate discussion.
With regard to public participation, Bill Hyde, 2379 Audley Street, spoke in opposition to Item #25; Robert Hansen, 1251 Sidcup Road, addressed the Board to express that he supports sidewalks in English Estates. No one else spoke in support or opposition to the Consent Agenda, and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
Office of Emergency Management
2. Approve and authorize the Chairman to execute the First Amendment to the Lease Agreement with BRIO, LLC for warehouse space for disaster supplies. (2020-XXXX)
3. Approve the County Regular and Wellness premium rates for Plan Year 2021 and the 2021 Employee Benefits Renewals, and authorize the County Manager to execute the agreements with Lincoln Financial Group (Dental), Allstate (Cancer and Specified), and Chard Snyder (Flexible Spending Accounts and COBRA Administration). (2020-2218)
4. Approve the recommended funding allocations for Community Services Agency (CSA) Partnership Grant funds in the amount of $842,233.00 for FY 2020/21 to The Sharing Center, IMPOWER, Meals on Wheels, Recovery House, Catholic Charities, Kids House, Safehouse, Early Learning Coalition, True Health, Boys and Girls Clubs, Foundation for Seminole County Public Schools, Seminole County BAR Association Legal Aid Society, and Lighthouse; and authorize the Chairman to execute the CSA Grant Agreements upon agency execution. (2020-2195)
5. Approve and authorize the Chairman to execute the First Amendment to the HOME Investment Partnership (HOME) Agreement with Habitat for Humanity of Seminole County and Greater Apopka, Inc. for the development of a single-family affordable homeownership unit to provide for a three-month extension. (2020-2207)
6. Approve and authorize the Chairman to execute two (2) Restrictive Use Covenants for the donation of two vacant land parcels to Harvest Time International and authorize the County Manager to sign the two (2) County deeds. (2020-XXXX)
7. Approve and authorize the Chairman to execute a one-year agreement with three, one-year renewals for the Seminole County Housing Inspection Services Agreement to provide Housing Quality Standard (HQS); Uniformed Property Condition Surveys (UPCS); and Habitability Standard Inspections services on a fixed-fee basis. (2020-2202)
Planning and Development
8. Authorize release of Performance Bond #CMS0330168 for Roads, Streets, and Drainage, in the amount of $408,428.46 for Parkdale Place subdivision; Park Square Enterprises, LLC, Applicant. (2020-2187)
9. Authorize release of Performance Bond #CMS334263 for Roads, Drainage, Water, Sewer, Hardscape & Landscape, in the amount of $663,544.42 for Legacy Estates f/k/a East Lake Estates subdivision; Pulte Home Company, LLC, Applicant. (2020-2189)
10. Authorize release of Performance Bond #59BSBID2892 for Roads, Drainage, Water, Sewer, Hardscape & Landscape, in the amount of $472,471.37 for Winterbrook subdivision; Pulte Home Company, LLC, Applicant. (2020-2193)
11. Authorize release of Maintenance Bond #285057837 in the amount of $2,445.00 for Park Lane Place; Maintenance Bond #SU1146020-1 in the amount of $52,812.96; and Maintenance Bond #B1237946 in the amount of $7,727.00, for Water and Sewer facilities. (2020-2212)
12. Approve and authorize the Seminole County Fire Department’s use of the Loaner Vehicle Insurance Coverage Agreement. (2020-2219)
13. Approve and authorize the Chairman to execute an Agreement between Seminole County and the University of South Florida for work on the Seminole County Watershed Atlas Project. (2020-2174)
14. Approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and the Seminole County School Board for their portion of the shared cost, which is $4,893.50, and providing for the installation of a sidewalk on school property at Bear Lake Elementary School. (2020-2178)
15. Approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and the City of Sanford for the Mellonville Sports Complex Trail Restroom in the amount of $75,000.00 to assist with the cost of construction of the restroom. (2020-2160)
16. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-93 and the Local Agency Program (LAP) Agreement with the State of Florida Department of Transportation (FDOT) in the amount of $1,542,000.00 for the design of SR 434 roundabouts from west of Jetta Point to south of Artesia Street. (FDOT FPN 446491-1-38-01). (2020-2168)
17. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-94 accepting two (2) Warranty Deeds donated by Ganesh Holdings North, LLC and 3900 Narcissus Avenue, LLC to Seminole County related to roadway improvements and continued maintenance of a portion of Narcissus Avenue, east of Monroe Road. (2020-2175)
18. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-95 accepting a Warranty Deed donated by Oaks Out, LLC to Seminole County related to the expansion of a turn lane on Longwood-Lake Mary Road at its intersection with West Lake Mary Boulevard. (2020-2176)
19. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcel #131 for 7,625± square feet of land between George M. Olio and Sandra Olio and Seminole County for early acquisition of property needed for the Orange Boulevard Improvement Project (Parcel ID #16-19-30-5AB-2100-0020) for $92,510.00, as full settlement of all claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2020-2192)
20. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $2,740.00 between New Beginning Mission Ministries, Inc. (owner) and Seminole County for property interests necessary for the construction and maintenance of a sidewalk along a portion of Longwood Hills Road. (2020-2204)
21. Approve and authorize the Chairman to execute a Purchase Agreement and Holdover Agreement related to Parcel #135 for 1± acre of land between Michele D. Herzog and Seminole County for early acquisition of property needed for the Orange Boulevard Improvement Project (5200 Orange Boulevard, Parcel ID #16-19-30-5AB-1700-004A) for $330,000.00, as full settlement of all claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2020-2210)
22. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-96 to reimburse Seminole County from proceeds of tax-exempt financing for expenditures made in connection with the Capital Improvement Project referred to as the Five Points development. (2020-2217)
23. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-97 to amend Seminole County Administrative Code, Section 22.15, Prompt Payment Procedures. (2020-XXXX)
24. Approve submission of three (3) grant applications to the State of Florida Department of Economic Opportunity (HUD funding) through the Rebuild Florida Infrastructure Grant Program funded by the Community Development Block Grant Mitigation (CDBG-MIT) program requesting up to $16,328,215.00 for three grant projects: Midway Basin Drainage, FEMA HMGP Phase II Match, and Oregon/Michigan Drainage. (2020-2201)
25. Pulled for a separate discussion.
26. Approve and authorize the Chairman to execute appropriate Resolution #2020-R-98 implementing Budget Amendment Request (BAR) #20-083, through the SHIP Grant Fund, in the amount of $209,782.00 to recognize the third allocation for the FY 2019/20 SHIP Grant. (2020-2194)
27. Approve and authorize the Chairman to execute the Satisfactions of Lien for the Sylvan Lake Aquatic Weed Control MSBU (Ordinance #2019-16) Phase I non-ad valorem capital assessments that have been paid in full. (2020-XXXX)
28. Approve and authorize the Chairman to execute the Satisfactions of Lien for the Rolling Hills Environmental Remediation MSBU non-ad valorem capital assessments that have been paid in full. (2020-2190)
Purchasing and Contracts
29. Approve the First Amendment to PS-0009-15 with Atkins North America; CPH, Inc.; Metric Engineering, Inc.; and Pegasus Engineering, LLC; the Second Amendment to PS-0009-15 with Inwood Consulting Engineers, Inc.; the First Amendment to PS-0426-15 with CPH, Inc.; England-Thims & Miller, Inc.; and Horizon Engineering Group, Inc.; the Second Amendment to PS-1832-18 with England-Thims & Miller, Inc.; and Tierra, Inc.; the Third Amendment to PS-1832-18 with CDM Smith, Inc.; and PS-2872-20, Master Agreement for Structural Engineering Consultant Services, with Ayres Associates, Inc. and Kisinger Campo & Associates, Corp.; and authorize the Purchasing and Contracts Division to execute the Agreements. (2020-2203)
30. Award IFB-603872-20, Term Contract for One Call Ticket Management Services, to Innovative Data Management, LLC, Apopka; and authorize the Purchasing and Contracts Division to execute the Agreement. Estimated annual cost of the project is $80,000.00. (2020-2169)
31. Approve Work Order #23 for Consumptive Use Permit (CUP) 8213 Modification Planning (NE & NW Service Areas) under PS-1822-18, Continuing Engineering Services for Utilities Improvements, with Carollo Engineers, Inc., Orlando, in the amount of $124,619.90; and authorize the Purchasing and Contracts Division to execute the Work Order. (2020-2191)
32. Waive the Procurement Process and authorize a Sole Source Procurement SS-603928-20 for the repairs and reconditioning of the County’s Aqua Guard Continuous Self-Cleaning Bar – Filter Screen from Parkson Corporation, Fort Lauderdale, in the amount of $69,750.00; and authorize the Purchasing and Contracts Division to issue the Purchase Order. (2020-2171)
33. Award RFP-603789-20, Replacement of Uninterruptible Power System (UPS) at the Criminal Justice Center (CJC) & Oviedo Facilities, to On Computer Services, LLC d/b/a Computer Power Systems, Inc., Winter Springs, in the amount of $223,022.16; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-2163)
34. Award CC-3144-20, West Airport Boulevard Sidewalk Construction, to Southern Development and Construction, Inc., Oviedo, in the amount of $933,000.00; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-2198)
35. Approve the ranking list for PS-3047-20/RTB, Engineering Services for SR 434 roundabouts from west of Jetta Point to south of Artesia Street; authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants’ Competitive Negotiation Act (CCNA); and authorize the Purchasing and Contracts Division to execute the Agreement. Estimated cost is $1,778,386.15. (2020-2170)
36. Approve Change Order #2 to CC-2392-19, Five Points Connector Roadway Project, with Southern Development & Construction, Oviedo, in the amount of $225,122.06; add 28 calendar days to the completion of the project; and authorize the Purchasing and Contracts Division to execute the Change Order. (2020-2172)
37. Approve an increase to the Board-approved Estimated Annual Usage for PS-9742-14, General Engineering Services, with Jacobs Engineering, Inc., Orlando, by an additional $1.5M. (2020-2206)
38. Approve an increase to the Board-approved Estimated Annual Usage for RFP-9948-14, Project Management Services Agreement Infrastructure Sales Tax Program, with Jacobs Engineering, Inc., Orlando, by an additional $1M per year. (2020-2205)
39. Approve the ranking list for PS-3175-20, Master Services Agreement for Lake Monroe (Lockhart-Smith Canal) Basin Study; authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants’ Competitive Negotiation Act (CCNA); and authorize the Purchasing and Contracts Division to execute the Agreement. Estimated cost is $425,000.00. (2020-2181)
40. Award BID-603811-20, Replacement of two (2) Diesel Generators at the Seminole County Public Safety Building to Echo ED Corporation, Sanford, in the amount of $628,000.00; authorize the Chairman to execute appropriate Resolution #2020-R-99 implementing Budget Amendment Request (BAR) #20-081 in the amount of $50,000.00 through the 2014 Infrastructure Sales Tax Fund reserves to provide for additional funding for the purchase of the generators; and authorize the Purchasing and Contracts Division to execute the Agreement. (2020-2177)
41. Pulled for a separate discussion.
42. Award RFP-603828-20, Term Contract for Travel Time and Delay Study, to Luke Transportation Engineering Consultants, Inc., Orlando; and authorize the Purchasing and Contracts Division to execute the Agreement. Estimated annual cost of the project is $64,000.00. (2020-2165)
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #41 – 2020-2179
IFB-603836-20/Term Contract for Various Minor Construction,
Renovation, Repairs, and Alterations of Structural and Non-Structural Projects
Commissioner Carey stated BK Ernest, LLC, submitted numbers for services and was the low bidder in all of the categories, yet he was not included in the recommendation. Her recommendation would be that they approve three contractors instead of two and it would include the low bidder included. Ms. Guillet explained staff sent an email explaining why the low bidder wasn’t included in the recommendation, and it was based on past performance. The County has done projects with that contractor; and one specific, significant project they had some issues with it. It took a significant amount of staff time to manage that project, which is why staff did not include the lowest bidding contractor in the recommendation.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to award IFB-603836-20, Term Contract for Various Minor Construction, Renovation, Repairs, and Alterations of Structural and Non-Structural Projects with a value less than $100,000 each, to Boulevard Contractors Corporation, Winter Springs; and LMCC Specialty Contractors d/b/a MIMS Construction, Orlando; and authorize the Purchasing and Contracts Division to execute the Agreements. Estimated annual usage is $100,000.
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #25 – 2020-2200
BAR #20-082/$189,475/Funding for the Lake Hayes Sidewalk Project
Commissioner Dallari stated since this is not a time-sensitive issue, he thinks it would be appropriate to have a community meeting to find out what the residents of the area want to make sure that the County is doing what needs to be done, and then bring it back to the Board to take action. Ms. Guillet explained typically as part of the design phase, they do coordinate with the neighborhood. They can do that ahead of design with the understanding that until the engineers get involved, they don’t always know where the best place is to put the sidewalks. They can do some advance community outreach on all of the sidewalk projects and establish a process where they have an initial outreach to the community with the understanding that once design work starts, things could change. But they absolutely can pull back on this one. Discussion ensued.
Commissioner Carey stated the agenda item says that construction would be complete by November 2020, which is just a couple of months away, so they’ve already spent a lot of money on this particular project doing the design and all of that. She thinks when they have that first community meeting on site, it might be worthwhile to have the surveyors go out there and drop a few survey stakes in and rope off to show people where the actual right-of-way is. They may not be able to show exactly where it will be, but they’ll get an idea.
Commissioner Constantine stated he thinks that they have all agreed that there should be a process before they start doing the engineering and everything where they go out and talk to the citizens.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to continue the request to approve a Resolution implementing Budget Amendment Request (BAR) #20-082, through the 2014 Infrastructure Sales Tax Fund, in the amount of $189,475 from reserves for additional funding for the Lake Hayes Sidewalk project (CIP #01785254) until staff is prepared to bring the item back for approval.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Lockhart stated staff from Public Works had previously forwarded a list of sidewalk projects in the county that they already have designed or are in design, and she thinks that might be helpful to recirculate so that everyone can understand what has already been designed for these types of sidewalk projects and how much has already been spent so that the Board can gauge the number of things like this that might be coming before the Board. Jean Jreij, Public Works Director, advised that information was sent to all of the Commissioners, and if they need any more information, he’ll be glad to get it.
Clerk of Court & Comptroller’s Office Agenda Item #43
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve Expenditure Approval Lists dated July 7, 14, 21, 28, and August 3, 2020; and Payroll Approval Lists dated July 9, 23, and August 6, 2020. (2020-2211)
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk and Comptroller’s “Received and Filed” is for information only:
1. Executive Orders #2020-031, #2020-032, #2020-033, and #2020-034 Extending the Declared Local State of Emergency due to COVID-19 (Coronavirus Pandemic); #2020-035 Amending Executive Order #2020-01 Local State of Emergency to Include the Imminent Threat Cause by Potential Tropical Cyclone 9; and #2020-036 Extending the Declared Local State of Emergency for COVID-19 and Tropical Storm Isaias.
2. FPSC Orders PSC-2020-0247-CO-EQ issued July 20, 2020; PSC-2020-0249-CO-EQ issued July 21, 2020; and PSC-2020-0266-TRF-EI issued July 27, 2020.
3. Business Associate Patient Privacy Agreement (HIPPA) with Applied Ingenuity Diagnostics, LLC.
4. CARES Act Funding Agreement.
5. Consulting and Management Agreement with Ernst & Young, LLP.
6. First Amendment to Adult Drug Court Services Agreement for Program Years 2018-2019 through 2022-2023 with United Safety Council, Inc.
7. Memorandum of Understanding with Allied Health Organization, Inc. for COVID-19 Testing.
8. Short-Term Addendum to Lease Agreement with Brio, L.L.C.
9. Contract for Services with Lisa Cilfone, Erin Gillette, and Bruce Weaver; Assistant Tennis Pro Agreements with Jeffrey Levine and Mick Andrews; Head Tennis Pro Agreement with John Gegenheimer; Tennis Developmental Instructor Agreements with Steven Fang, Andy Mackler, and Dylan O’Brien.
10. Tourist Tax Funding Agreement with Florida PGF, LLC, for the 2020 SE Regional and 2020 Summer Showcase.
11. Tourist Tax Funding Agreements with Perfect Game USA, Inc., for the 2020 10U-11U Super 25 National Championship, 2020 12U Super 25 National Championship, 2020 13U National Championship, 2020 15U Super National Championship, 2020 15U-16U World Series, 2020 16U Super 25 National Championship and 14U World Series, 2020 17U Super 25 National Championship, and 2020 Florida Top Prospect Showcase.
12. Tourist Tax Funding Agreement with Prospect Wire 2, LLC, for the 2020 Florida State Championship.
13. Tourist Tax Funding Agreement with Proswings.com, LLC, for the 2020 Proswings Invitational Power 30.
14. Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC, for the 2020 Seminole Challenge.
15. Bill of Sale accepting the water and sewer systems and Utility Easement for the project known as Queen of Angels Catholic Cemetery; Queen of Angels Catholic Cemetery, Inc.
16. Bill of Sale accepting the water and reclaimed water systems for the project known as International Parkway Phase 1; Piedmont TownPark Land, LLC.
17. Bill of Sale accepting water and reclaimed water systems for the project known as Savta Reserve Phase 1; Itzhak Shtark.
18. Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services for the project known as HD Supply; Space Port U.S.A., Inc.
19. Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services for the project known as Wash & Go Oviedo; Wash & Go Oviedo, LLC.
20. Customer Agreement for Reclaimed Water Rates for the project known as North Point Lodging; North Point Lodging, LLC.
21. Approval Development Orders #19-30000108, 2052 Nancy Drive, Lynn-Marie Anello; #20-30000021, 137 Academy Oaks Place, Mitchel Krause; #20-30000022, 393 Copperstone Circle, Michelle Dominguez; #20-30000023, 192 West 11th Street, Saba Markeci; #20-30000024, 100 Fairway Ten Drive, Christopher Coleman; #20-30000026, 5211 Linwood Circle, Thomas Martin; #20-30000028, 205 Ranch Road, Rhonda and Thomas Pittman; #20-30000029, 2718 Teak Place, Christopher Ray and Lori Bresnahan; #20-30000031, 1127 1st Drive, Averil Fletcher
22. Addendum #1 to Developer’s Commitment Agreement #20-20500014 and Addendum #1 to Development Order #20-20500014 for the project known as Retreat at Lake Brantley (formerly known as Klinger Property); Pulte Home Company, LLC.
23. Maintenance Bond #7901035449 (Streets, Curbs, Storm Drains) in the amount of $28,550.40 for the project known as Cameron Heights Village A (also knowns as Rosecrest).
24. Maintenance Bond #30100756 (Streets, Curbs, Storm Drains) in the amount of $195,292.82 for the project known as Cameron Heights Village D (also knowns as Riverbend).
25. Maintenance Bond #30100755 (Streets, Curbs, Storm Drains) in the amount of $242,574.89 for the project known as Cameron Heights Village G, Phase 1 (also known as Riverbend).
26. Maintenance Bond #7901035450 (Streets, Curbs, Storm Drains) in the amount of $131,159.50 for the project known as Cameron Heights Village J (also known as Riverbend).
27. Performance Bond #59BSBII3124 (Roads, Streets, Drainage) in the amount of $1,881,030.72, Recording of Plats, and Title Opinion Letter for the project known as Chapman Pines.
28. Maintenance Bond #107131315 (Water and Sewer Facilities) in the amount of $9,478.62 for the project known as International Parkway, Phase 1.
29. Maintenance Bond #E388017 (Water and Sewer Facilities) in the amount of $52,600 for the project known as Savta Reserve.
30. Water and Sewer Improvements Cash Maintenance Bond in the amount of $8,812 and Maintenance and Escrow Agreement (Water and Sewer Improvements) for the project known as Queen of Angels Catholic Cemetery.
31. Amendment #1 to Work Order #54 to PS-0009-15 with Atkins North America, Inc.
32. Amendment #1 to Work Order #63 to PS-0009-15 with Metric Engineering.
33. Work Orders #76 and #77 to PS-0009-15 with Inwood Consulting Engineers, Inc.
34. Amendment #2 to Work Order #3 to PS-0121-15 with Singhofen & Associates, Inc.
35. Amendment #2 to Work Order #7 to PS-0121-15 with DRMP, Inc.
36. Amendment #7 to Work Order #2 to PS-0426-16 with England-Thims & Miller, Inc.
37. Amendment #2 to Work Order #15 to RFP-0532-15 with Connect Consulting, Inc.
38. Work Order #12 to PS-1529-17 with Iteris, Inc.
39. Work Order #2 to PS-1566-17 with Carollo Engineers, Inc.
40. Amendment #3 to Work Order #1 to PS-1802-18 with Kittelson & Associates.
41. Sixth Amendment to PS-1822-18 with Jacobs Engineering Group, Inc.
42. Work Order #22 to PS-1822-18 with Jacobs Engineering Group, Inc.
43. Work Order #36 to PS-1832-18 with CDM Smith, Inc.
44. Amendment #3 to Work Order #1 to PS-2225-19 with Atkins North America, Inc.
45. Change Order #4 to CC-2352-19 with COMANCO Construction Corporation.
46. Change Order #4 to CC-2438-19 with Black Street Enterprises, LLC.
47. Change Order #2 to CC-2439-19 with Convergint Technologies.
48. Closeouts to CC-2498-19 and CC-2499-19 with Mid-South Contractors.
49. M-2548-19 with Asphalt Paving Systems, Inc.
50. Amendment #2 Work Order #3 to PS-2468-19 with GAI Consultants, Inc.
51. Change Order #2 to CC-2601-19 with Black Street Enterprises, LLC.
52. Change Order #2 to CC-2602-19 with Black Street Enterprises, LLC.
53. Change Orders #1 and #2 to CC-2772-19 with APM Construction
54. Change Order #1 to CC-2739-19 with US Veteran Contractors.
55. Change Order #1 to CC-2793-19 with US Veteran Contractors.
56. CC-3036-20 with Advanced Commercial Contractors, Inc.
57. CC-3037-20 with Chinchor Electric, Inc.
58. CC-3052-20 with Bearing Point Construction, Inc.
59. Fifth Amendment to RFP-4265-06 with OTT Landscape Maintenance, Inc.
60. Change Orders #1 and #2 to Work Order #18 to CC-9184-13 with Affordable Development.
61. Amendment #3 to Work Order #29 to PS-9738-14 with E Sciences, Inc.
62. Work Order #6 to PS-9742-14 with CH2M Engineers, Inc. to Jacobs Engineering Group, Inc.
63. Amendment #2 to Work Order #8 to PS-9742-14 with Jacobs Engineering Group, Inc.
64. Sixth Amendment to RFP-600006-06 with Ott Landscape Maintenance, Inc.
65. Sixteenth Amendment to RFP-600006-06 with Cato Environmental Services, Inc.
66. Second Amendment to RFP-602999-17 with Howroyd-Wright Employment Agency, Inc. d/b/a All’s Well Health Care Services.
67. First Amendment to IFB-603564-19 with Convergint Technologies, LLC.
68. RFP-603602-19 with Vitil Solutions, Inc.
69. IFB-603727-20 with Ferguson Enterprises, LLC.
70. Bids as follows:
IFB-603727-20 from Ferguson Enterprises, LLC (Ferguson Waterworks);
RFQ-603731-20 from Schumer Capital Corp.; Southport Development, Inc.; Central Florida Regional Housing Trust/Bright Community Trust; Blue Sky Communities, LLC;
IFB-603853-20 from NALCO Water an Ecolab Company; and
BID-603894-20 from Emergency Vehicle Repair, Inc. and Municipal Emergency Services, Inc.
Sheriff’s Office Agenda Item #44
Motion by Commissioner Carey, seconded by Commissioner Lockhart, to approve submission of a grant application to the U.S. Department of Justice for the 2020 Edward Byrne Memorial Justice Assistance Grant Program; authorize the Sheriff to execute future documents relating to the Grant; and authorize the Chairman to execute the Certifications and Assurances by the Chief Executive of the Applicant Government document. (2020-XXXX)
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #45 – 2020-2173
Lien Amnesty Program – Code Enforcement Board Lien/Kevin Merillat
Patt Hughes, Code Enforcement Project Manager, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum. Ms. Hughes read a statement from the applicant into the record expressing his financial hardship. Commissioner Carey confirmed with Ms. Hughes that he paid $1,200 for the property. The Commissioner asked if he is able to pay the $250 administrative cost, and Ms. Hughes answered Mr. Merillat is requesting a total waiver because he feels he cannot pay the administrative costs under the lien amnesty program. Ms. Guillet pointed out he has already paid $100 of the $250 for the application, so there is only $150 remaining. Commissioner Lockhart asked if Mr. Merillat was the one who cleaned the property up, and Ms. Hughes answered no. Ms. Hughes explained the property was in compliance in 2009, and Mr. Merillat bought it in 2015.
Commissioner Carey stated in regard to the lien amnesty program, maybe for people that think it would be a burden to pay the small administrative costs of $250, they could put together some type of payment program.
Motion by Commissioner Carey, seconded by Commissioner Lockhart, to approve a reduction to the Code Enforcement Board lien of $25,100.00, for Case #09-25-CEB, under the Code Enforcement Lien Amnesty Program to the reduced Administrative Costs of $250.00 on the property located at W. 18th Street, Sanford, Parcel ID #35-19-30-517-0100-0090, owned by Kevin Merillat, Applicant; allow the Applicant to pay the remaining $150.00 in payments; require the reduced amount to be paid within 90 days or the lien will revert to the original amount of $25,100.00; and authorize the Chairman to execute the Release of Lien upon payment in full.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #46 – 2020-2182
Administrative Code Amendment - Solid Waste Disposal Fees
Dr. Terry McCue, Environmental Services Director, addressed the Board to present the request as outlined in the agenda memorandum. He noted staff recommends approval.
Commissioner Lockhart stated this is a conversation that is tedious because we have become a society engrained in the idea that recycling is the best thing that we can possibly do for the environment, and there’s probably debate among some whether or not all recycling is necessarily good for the environment. She thinks there is value in having a detailed discussion about the real cost of the different recyclables that services are offered for in the community, whether or not they need to really engage the citizens, and which types of recycling are most important because maybe it’s not just an increase in cost that needs to be passed along to the citizens, but also a reduction of some type of service. Commissioner Lockhart advised she would like to have a clear understanding of the entire recycling program, its benefits, and its negatives. Dr. McCue replied they can do that as part of the annual assessment next year.
Commissioner Constantine stated he believes what is in front of the Board is something that has been consistent over the course of time. Dr. McCue agreed that is his long-term plan; continue small increases until they correct the cash imbalance.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2020-R-100 amending Section 20.40 of the Seminole County Administrative Code to increase Solid Waste disposal fees by three percent (3%), to make revisions for clarity, and to provide an effective date of 90 days after the date of execution of the amendment.
With regard to public participation, Diana Danin, 938 East Palm Valley Drive, spoke in opposition. No one else spoke in support or opposition, and public input was closed.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #47 – 2020-2216
SunRail Transition Update
Paul Chipok, Deputy County Attorney, addressed the Board to present the SunRail Transition Update. Mr. Chipok advised on May 28 the CFCRC executed a letter to FDOT requesting that Phase 2 North be put on hold for the foreseeable future and that the $34M in federal flex funds be held in abeyance until the consultant’s report came in to make recommendations as to the best use of that money whether it be for the construction of Phase 2 North or whether it be allocated to other capital improvements within the SunRail project. On July 24, they received a letter from FDOT stating they are not going to rollover the $34M in flex funds. In the letter FDOT requested that by the next CFCRC meeting (October 29), either the local governments give a list of capital improvement projects where they want the $34M spent or FDOT would move forward with construction for Phase 2 North with the $34M in federal flex funds, $20M additional dollars from FDOT, and $20M additional dollars from Volusia County. The impact of the Board’s prior action, which was to support the original letter from May 28, in effect will force FDOT’s hand and have them move forward with the construction of Phase 2 North in this fiscal year. Mr. Chipok wanted to make the Board aware of the net effect of the current position and current vote on this matter. At this point, staff’s recommendation is for the Board to hold its present position, keep the $34M in abeyance, and wait for the consultant’s report. However, staff will continue to work with the work group, which is technical staff from the other local government partners in SunRail, to look at the alternative uses potentially for the $34M and continue discussions with FDOT and get better facts and figures as to the true costs of the various capital improvement projects. Staff will then bring this matter back to the Board closer to the October meeting where they can make the best decision at that time what the best use of the $34M is and is it worth the risk and effort to amend the various SunRail agreements prior to the consultant’s report.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Commissioner Carey noted the working group is looking at alternatives for SunRail capital projects. If they come up with a list of alternatives, all of those would have to be vetted. She asked when the expected timeframe is for the consultant’s report to be finished. Mr. Chipok answered at this point in time they are still in the process of the RFP for the consultant, and RFP responses are due the middle of September. Mr. Jreij added for the contract for the consultant, it would be at least two years from now. Commissioner Carey stated clearly the data shows that sending this Phase 2 North to DeLand is not a wise investment. She would certainly hope that the group is working on an alternative SunRail capital projects list.
Commissioner Dallari advised at the last meeting CFCRC had, FDOT wanted an answer right then and there. The board decided to make that decision in October and FDOT agreed to postpone it to the October timeframe. The Commissioner’s issue is that it is not an easy decision to make because there’s going to be a lot of information that is not going to be properly vetted and he’s hoping that all of the questions can be addressed. In the past, FDOT has rolled money over from one year to another, and he sees no reason why they can’t do it per requested. They should be able to keep those monies secure as they roll it over like they do on other projects. He hopes that the County will ask their state lobbyists to help with that decision so that FDOT will hold those monies in abeyance so they can make a fully intelligent decision as they move forward. There’s no reason to do this piecemeal, so if they are asking their staff to look at what to take out of the contract from FDOT, what other pieces do they want to take out. He’s hoping they can have discussion on that today.
Chairman Zembower stated in regard to the FDOT letter, it looks like there was a great deal of time spent on “dropping the hammer, but playing nice in the sandbox.” His concern is reopening the initial contract with SunRail, going back through all of the terms, and what that may or may not expose them to. Commissioner Carey stated Orlando Mayor Buddy Dyer’s letter was sent to Kevin Tebow, the Secretary of FDOT, and the response was from Jared Perdue, the District 5 Secretary. She knows in Tallahassee they’re under a lot of financial constraints just like everybody else. Their revenues did not shape up to be what they were anticipating, but she thinks it would foolish to spend money when they know that that performance of the leg to DeLand would be a mistake. Her suggestion is to engage the Governor and the public because they’ve spent many, many years talking about rail in this community, and waiting a little bit longer to make sure they make the right decision shouldn’t be this difficult to get an agreement on. If they have to play all of the cards that they have to get that done, then she thinks that’s what they should do. She also thinks that staff should work on alternative projects just to be able to give them a list if that’s what they want is a list to consider; but again, every one of those projects would have to be vetted. They should engage not only their lobbyist, but all of their political capital with everyone in Tallahassee because this is all public money no matter how you look at it.
Commissioner Lockhart expressed it feels like they are given a choice between two not-so-great choices. Upon the Commissioner’s inquiry, Mr. Chipok explained if there are to be changes to the way the money is being expended and changing the $34M and applying it elsewhere, that would require unanimous consent of the local government partners through the CFCRC. Commissioner Lockhart asked if there would be an opportunity to identify “last-mile” type of capital projects that could actually make SunRail useful for people who want to go somewhere other than where the train stop actually is. Mr. Chipok answered they could explore that with the working group and run it past FDOT.
Chairman Zembower stated rail is an aspect of mass transportation for the region. The repeatability of riding it is a problem because if you don’t get to the station at an exact time, you don’t have another train coming 15 minutes later. The Chairman asked what the difference in savings or cost is to the County if they do Phase 2 or if they don’t do Phase 2, and Mr. Chipok answered it is approximately $2M. Commissioner Dallari stated until they have an audit to understand and validate those numbers, they’re just numbers that are presented from FDOT. Mr. Chipok replied that is correct; they are not audited numbers, it is the best available data, and they are being vetted further but it won’t be to the level of a complete audit. Staff will report back to the Board when they have confirmation of how the numbers were vetted and provide updated numbers.
Chairman Zembower stated staff is looking for direction on how the Board wants them to proceed moving forward. Commissioner Dallari stated he thinks staff’s recommendation is to continue vetting the numbers and also vetting the projects. He has no problem doing that, but he wants to make sure they’re doing it expeditiously. Once they open the contracts, they need to make sure Seminole County is represented correctly and all of their issues are being addressed. It needs to be done holistically. Chairman Zembower stated it is the end of August, and the letter gives a deadline of end of October; he asked staff if they will have all of the answers in time to respond to FDOT. Mr. Chipok replied the short answer is no. He added all they will be able to do is get as much information as they can and present it to the Board closer to the end of October. Commissioner Dallari stated one of the most important things that they can do is get their state lobbyists and their funding partners’ state lobbyists engaged. Commissioner Carey suggested it needs to be a three-prong approach. They need to continue to work on a list of alternative ideas, they need to engage their lobbyists, and they need to ask the SunRail Board members to engage their lobbyists to put on a full-court press at the state level. It’s not like they’re going to take the money and pull it back into FDOT; they’re going to take the money and spend it on a project that’s already shown that ridership would not be successful, and that would be foolish on their part.
Commissioner Carey asked Commissioner Dallari whether or not they have talked about having lobbyists from all of the various agencies engaged with a strategy at the SunRail meetings. Commissioner Dallari replied the issue with having a lobbyist from SunRail’s perspective that represents the SunRail Board would be the funding of that lobbyist. Discussion ensued. Chairman Zembower asked Commissioner Dallari where their partners stand on this issue. Commissioner Dallari explained in the last SunRail meeting, since FDOT brought the issue up, they wanted to get more information and speak to their staff. He believes there were more and more questions that were taking place. This was brought up at the last moment, and it’s difficult to make decisions when things are brought up the day of and the day before the meeting. Upon Commissioner Carey’s inquiry, Mr. Chipok explained what staff from various working groups are actively working on. Mr. Chipok stated with the lobbying strategy, he doesn’t know if that would be spearheaded through the work group or through the various local governments’ administrations.
Commissioner Carey suggested the Board agree to have the Chairman send a letter to the other SunRail board members and their elected bodies to say time is of the essence, let them know what the Board’s thoughts are, and ask for them to agree on some kind of strategy on how to move forward before the SunRail meeting. Commissioner Carey stated something has clearly changed from FDOT because they had said that they would hold the money until they could figure it out; and now, all of a sudden, they’re not going to. She wondered if it’s because they are hoping they say they don’t want to spend the money there and they take the money and go somewhere else; she doesn’t know, but she advised this should have some urgency so they don’t run into a situation where they don’t have time to have those conversations. Commissioner Constantine stated FDOT has always been supportive of this project. He believes they are going to find a solution and would like to move forward.
Chairman Zembower confirmed the consensus of the Board is that he will work with staff in getting a letter drafted appropriately of what the Board’s decision and direction is today.
Commissioner Lockhart asked that the letter be circulated because she would like the Commissioners to see it before it is sent. Mr. Chipok advised he will make sure they circulate it.
Agenda Item #48 – 2020-2196
Project List for Potential Sidewalk/ADA Improvements – Oxford Road
Bill Wharton, Engineering Division, addressed the Board to present the request as outlined in the agenda memorandum. Mr. Wharton advised staff recommends the Board approves the Resolution providing for an Amendment to Exhibit C, Sidewalk/ADA Improvements, to remove sidewalks in the English Estates subdivision and add a sidewalk project for the southern portion of Oxford Road, of the Interlocal Agreement regarding use of the One-Cent Local Government Infrastructure Tax and providing for an effective date.
With regard to public participation, Susan O’Neal, 1221 Cambridge Road; John Murphy, 2060 Hunterfield Road; Michelle Bailey, 2205 Hunterfield Road; Kathryn Hickman, 1220 Manchester Road; Matthew Thomas, 2200 Falmouth Road; Steven O’Donell, 1254 Stratford Road; and Carol Morrow, 2175 Hunterfield Road, spoke in opposition; Chloe Case, 1985 Hunterfield Road, spoke in support; no one else spoke, and public input was closed.
Commissioner Lockhart stated unfortunately this has become a really divisive discussion for this neighborhood. What she is hearing loud and clear from folks is that there are a couple of specific streets that could benefit from sidewalks, and she thinks what they have put out there is a one-size-fits-all approach; that it was just easier to cast a wide net and put sidewalks on every street in the neighborhood rather than having more precision and picking a couple streets that would be important. She has expressed that they’re moving the entire project and reallocating the funds to the Oxford Road corridor does not mean that there are no funds to put sidewalks on a couple of streets if they are deemed necessary.
Commissioner Carey advised on many of these streets, there probably isn’t a warrant for sidewalks and she thinks what they need to do is a little more homework and put some traffic counters out there to see where there is a lot of traffic where it may make sense to put some sidewalks. Also, it sounds to her like maybe there needs to be some “no-parking” signs put up on some of the streets where there are safety issues. The Commissioner stated Oxford needs to be addressed but so do some of the streets in these developments. They need a protocol on how they’re going to go evaluate a request or a need and come up with a process that involves the community and traffic data. She doesn’t have an issue with moving this item forward to take the current funding and put it in Oxford Road, but at the same time she doesn’t want to do that if the two neighborhoods aren’t going to be addressed because she believes there are needs that need to be addressed.
Commissioner Dallari echoed the Commissioners’ comments. He added one size doesn’t fit all. He’s hearing that there are issues involving traffic, cut-throughs, speeding, drainage, and safety. There are people who want sidewalks and people who don’t want sidewalks. The Commissioner believes they need to step back and look at Oxford Road as a complete-street project and look at the needs of the established community.
Commissioner Constantine stated he thinks it’s a good time to take a step and proceed with the recommendation that was made. He wants to get the community involved and see what is really needed.
Motion by Commissioner Carey, seconded by Commissioner Lockhart, to continue the request until they can get better facts and information and then have it come back before the Board for specific action that really fits the community.
Under discussion, Commissioner Lockhart asked staff what that timeframe would look like from their perspective and what all that would entail. Mr. Jreij answered he will discuss it with staff and come up with a timeframe. They probably need to have some meetings with the communities and see what area they need to concentrate on, and then they can come back with a plan for the Board. Commissioner Carey advised some of the information the Board needs can be learned from the community but they can also learn some of it by having traffic counters. She added some of the roads are clearly being used as cut-through roads, and those would be the number one priority. Mr. Jreij replied they could do a traffic count on the cut-through streets as part of the evaluation. Chairman Zembower stated he would like to put a time certain on when staff will get back to the Board. He does understand it may take some time given the current situation with COVID-19 and coming up on the holidays. He asked if staff could have everything done, including community meetings, by the first January meeting or something sooner. Ms. Guillet explained the time sensitivity in this is really Board dependent. Staff is moving the project forward because it was a Sales Tax project, so they’re trying to move through the list. If it’s on the list, they need to get it done; that’s why they’re discussing whether or not it stays on the list. She advised the Board needs to tell staff what they want from a timing standpoint and added January would work.
Commissioner Lockhart stated it gives her heartburn to think that the Board is going to continue dragging out this issue for the community. She doesn’t think putting this on pause through the holidays and waiting for things to come back in January is going to help neighborly relations. She would prefer if they move forward with staff’s recommendation of removing the item from the Sales Tax list so that part is done; and then in the meantime, work with the community, look at the traffic counts, do the data gathering that needs to be done so it’s not a dark cloud hanging over the neighborhoods. She would like to put this to bed for the community and pull it off the list so they know every street in the neighborhood is not going to have sidewalks, and then they can look at the data, talk to the neighbors, and see which one or two strategic streets may benefit from sidewalks in the future.
Chairman Zembower asked how the community was notified that there would be a discussion of taking previously promised sidewalks out, and Mr. Jreij answered staff sent a notice to all the affected residents in the area. Commissioner Lockhart pointed out the specific streets were not promised sidewalks; it was listed as “English Estates – various.” She clarified there was no expectation, from her perspective, that everyone in English Estates thought that they were going to get a sidewalk. County Attorney, Bryant Applegate, stated the language in Exhibit C says, “English Estates at various locations.” So if the matter is going to be continued for a short period of time, he doesn’t see the need right now to get into amending Exhibit C until such time staff comes back with a recommendation; and at that point, it may not even need to be amended.
Commissioner Carey stated the Sales Tax language said a name of the subdivision and “various locations” whether it was English Estates, Sweetwater Oaks, Markham Place, it didn’t matter; that is how they were all advertised. Commissioner Carey is happy to withdraw her motion to continue if the district commissioner thinks that that would alleviate the issue as long as there is a clear understanding and commitment that within the first quarter of 2021, staff will have brought this back to the Board for specific streets within English Estates to identify them based on fact, cut-through traffic, and safety, and have a plan to move forward and fund it. She reiterated, if that is what the district commissioner wants to do, she will withdraw her motion if the seconder will agree. The seconder agreed to withdraw the motion.
Motion by Commissioner Lockhart, seconded by Commissioner Carey, to approve and authorize the deletion of the English Estates Subdivision project, and the addition of an Oxford Road new project, to the list of projects on Exhibit C, Seminole County Potential Sidewalk/ADA Improvements, of the Interlocal Agreement among Seminole County, the Seminole County School Board, and the Signatory Municipalities (Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, and Winter Springs) Pertaining to the Shared Distribution and use of the One-Cent Local Government Infrastructure Sales Tax with the amendment that in the first quarter of 2021, staff will have already completed the review of the streets that have cut-through traffic and high-traffic counts that would warrant sidewalks and bring those specific streets back to the Board with the funding; and execute related appropriate Resolution #2020-R-101.
Under discussion, Commissioner Dallari asked if that includes community input, and Commissioner Lockhart answered yes. Chairman Zembower asked if the motioner and seconder would consider a friendly amendment to a meeting date certain and no later than the last meeting in February. Commissioner Lockhart replied if it is reasonable from staff’s perspective she would be happy to change that, and Mr. Jreij answered yes. Commissioner Carey confirmed it is on or before the last meeting in February. Chairman Zembower confirmed the motioners agree with the friendly amendment.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Zembower announced due to time, they will move the County Manager and Staff Briefings as well as the County Attorney Briefing to the afternoon portion.
COUNTY INVESTMENT ADVISOR REPORT
Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed).
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt the recommendations of the Board’s Financial Advisor based on the report submitted, and direct the Clerk to implement said Board-adopted recommendations.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Zembower recessed the meeting at 12:16 p.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Colón, who were present at the Opening Session.
COUNTY MANAGER AND STAFF BRIEFINGS
CARES Act Funding Update
Ms. Guillet presented and reviewed a PowerPoint entitled CARES Act Update, Seminole Cares, August 25, 2020 (received and filed). Ms. Guillet stated there are two items she would like to get a "head nod" and feedback from the Board because there will be some final agreements brought back during the business portion of the September 8th meeting for ratification.
The first is with respect to the School Board. In addition to what the Board awarded at the last meeting, they have asked for almost an additional $5.5 million to accommodate their needs with respect to opening classrooms back up. The second is with respect to the Zoo. Staff has been working with them over the last month to understand what their needs are, to understand what is eligible, what is not eligible; and staff believes that an appropriate award for them to mitigate the COVID impact is $1.55 million.
Ms. Guillet advised at the next meeting, she will also be bringing back staff recommendations for non-profit funding and municipality subrecipient agreements for the Board's consideration.
Ms. Guillet stated they are working on a proposed Eviction Relief Program. Last week, staff met with Seminole County Legal Aid; the Clerk's Office; and Judge DeKleva, who is the judge that handles landlord-tenant issues. They have put together what they think will be a program that can help those that are facing eviction. The Governor revised his order staying evictions so it's not as tight as it was initially, and they expect they will start seeing eviction actions being filed. They have added the question "Are you facing eviction?" in the Individual Assistance Program portal. If somebody is in a situation where they are at risk for eviction, they will be shifted over to this program. They will be working with Legal Aid and the judicial system to work with the landlords to try to get a stay on the evictions proceedings if the tenant is in the process to get some assistance from the County to get caught up. The maximum award under the Individual Assistance Program right now is $5,000. They are looking at an award of up to $7,500 under the Eviction Relief program with a guarantee from the landlord that they will not pursue eviction within a certain-month period. That is still being worked out. As soon as staff has the details, they will send information to all of the Commissioners and do an announcement later this week so citizens know it is available.
Chairman Zembower stated it looks like staff is asking for direction and consent on the Seminole County Public Schools and the Zoo, as well as continuing to vet the processes that have been presented today. Commissioner Lockhart commented if they are not looking for an actual vote, she will certainly give the County Manager her support in what has been presented today. Commissioner Constantine and Chairman Zembower concurred. Ms. Guillet responded if the consensus of the Board is they are comfortable with those award amounts, staff will work with the Clerk's Office to get things squared away so that as soon as the agreements are actually approved by the Board on the 8th, they are able to get a check out to those organizations. They are working on a reimbursement basis with the School Board. The Zoo will be given advanced funding but with a monitoring program.
Chairman Zembower inquired if any feedback had been received from the School Board in respect to what they may or may not be doing based on the ruling from the courts yesterday. Ms. Guillet responded she has not had an opportunity to speak with them about it. However, the agreement with the School Board is on a reimbursement basis. If there are things they decide they don't need to do because they take a change in direction, it will get captured because it is a reimbursement program. Commissioner Dallari expressed he wants to make sure the school system gets everything they need.
Mr. Applegate recommended that there be a motion approving all aspects of the County Manager's report for audit purposes.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve all aspects of the County Manager's CARES Act Funding report.
Commissioner Carey stated she thought everything was going to be brought back as individual agreements. Ms. Guillet explained she will need to bring the Zoo and the School Board back as subrecipient agreements for ratification. As of late yesterday, they are still getting guidance on what needs to be included in those; but she would like to give them some assurance that they can plan on these funds because everybody is getting tight right now, so they would like to get the Board's okay with these dollar amounts. The final agreements will be coming forward on the 8th. However, a motion would be great because that might help with the Clerk's Office getting the checks ready to distribute as soon as possible.
Chairman Zembower suggested making a motion on the School Board and the Zoo. Mr. Applegate explained for the purposes of clarity and possible audits down the road, any time the Board is considering approving anything that Ms. Guillet and/or staff has recommended, his opinion is it's best that there is a formal motion for the record. Chairman Zembower called for a motion on the items related to the Seminole County Public Schools as well as the Zoo in the dollar amounts indicated by the County Manager. Commissioner Constantine responded that was the motion he made. Commissioner Carey added there was a motion and a second and stated there is a lot of other funding, including tourism, besides just those two items. Her understanding is Mr. Applegate said it would be better to have a motion approving the County Manager’s recommendation overall, not just those two specific things; and Mr. Applegate expressed that was correct. Commissioner Carey confirmed with Commissioner Constantine that that was his motion.
Chairman Zembower inquired of the County Attorney if they can make a motion to approve the funding that's already indicated for the Seminole County Public Schools and the Zoo and a second motion for the County Manager's report, or do the school and zoo have to come back at a second meeting. Mr. Applegate responded anything that, in Ms. Guillet’s opinion, is final today should be done in a motion. If there is still uncertainty about the exact amount for other institutions, they can wait until she is ready for them. Chairman Zembower requested clarification, and Mr. Applegate explained he is thinking about audits down the road. In his opinion, it is best to make a comprehensive motion approving the County Manager's report today, any actions that are in it; and if she has to come back with an adjustment or final determination on an amount for an institution, nonprofit, business, or program, she can do that later. He is looking to protect the County so that sometime next year they are not being told they have to refund $20 million that was spent. He believes it's appropriate to have a motion approving her report in a comprehensive manner, and they are then protected as a legislative body that they took this action.
Chairman Zembower confirmed with Mr. Applegate that if there is a motion comprehensively for her entire report as presented today, there will be no need for Ms. Guillet to bring back additional requests for the Seminole County Public Schools and/or Zoo unless it changes. Ms. Guillet reminded that the subrecipient agreements will need to be approved by the Board, but the dollar amount won't change between now and the 8th. She will need the Board to authorize the Chairman to sign the subrecipient agreements that are being finalized right now. She just wanted to get ahead of the curve with the numbers so the Zoo and School Board can plan. Mr. Applegate advised the subrecipient agreements are separate matters that will be brought to the Board. Commissioner Carey confirmed with Ms. Guillet they will be in the amounts she presented today.
Commissioner Dallari inquired if anything is being done to address Rescue Outreach Mission. Ms. Guillet explained they have applied for funding through the nonprofit program, which will be one of the nonprofit applications brought forward on the 8th.
Districts 1, 2, 3, 4, and 5 voted AYE.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #49 - 2020-XXXX
Seminole County Port Authority FY 2021 Budget Presentation
Andrew Van Gaale, Port Authority Administrator, addressed the Board to present SCOPA’s proposed FY 2020/21 Budget as outlined in the agenda memorandum; and to present the Board with the contribution of SCOPA surplus funds in the amount of $500,000.
Commissioner Carey requested as the Port closes out the books on the current year, if they could take a close look and see if there are any additional funds, because the County has had some significant shortfalls for funding. If there are some excess funds, anything the Port could send in addition to the $500,000 would be appreciated.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Motion by Commissioner Carey, seconded Commissioner Constantine, to approve the adoption of the FY 2020/21 Proposed Budget by the Seminole County Port Authority; and accept surplus funds returned to the County in the amount of $500,000.
Districts 1, 2, 3, 4, and 5 voted AYE.
Ex parte communications were submitted by all districts.
Item #50 – 2020-2082
BOA Appeal / Sanctuary at Bear Lake / Montclair Community Association, Inc.
Angi Kealhofer, Planning and Development, addressed the Board to present the request, which was continued from the July 28th BCC meeting, as outlined in the agenda memorandum and added that at the July 28th BCC meeting, the Appellant Montclair Community Association requested a continuance so they could have a meeting with the Applicant Mr. Vick. The parties met on August 10, 2020, and agreed to the following conditions:
The special exception granted applies only to the assisted living facility as depicted on the special exception site plan. The facility will have no more than 15 beds. Ten parking spaces for the facility must be provided for staff and visitors of the memory care residence. A civil engineer will design the driveway/parking area with concrete for handicap parking and gravel for the rest of the parking area. Busing of staff and visitors from the church parking lot to the facility will be provided when overflow parking is needed. No facility identifying signage shall be permitted; only a required “fire department” emblem shall be displayed on the building. Buffers will be in compliance with the Seminole County Land Development Code and will be established at the time of site plan review. "No parking" signage shall be installed along the road frontage of the facility property. The developer shall work cooperatively with the Montclair Community Association HOA to obtain and implement "no parking" signage on the facility property as permitted by the County. Any exterior lighting will not include "cobra head, tall pole" lights. Any exterior lighting will not exceed .5-foot candles at the property line. A 6-foot-high, earth tone color, preferably beige, PVC privacy fence, with a potential for a 2-foot lattice addition with a maximum height of 8 feet, shall be installed at the rear of the property. No building associated with the special exception may be increased more than 10% in size from that which is shown on the special exception site plan without Board of Adjustment approval. No future expansion of the facility shall be permitted on any adjoining properties. A citizens' committee for the Montclair Community Association HOA and neighbors will be formed to work directly with the facility to address any complaints. Prior to the issuance of development permits, a final site plan that meets the requirements of all other applicable Code requirements, including Chapter 40 of the Land Development Code, must be approved. This Development Order will expire one year after approval unless a development permit based upon and incorporating the special exception is obtained within the one-year period. One six-month extension may be granted by the Board of Adjustment.
Based on the information, findings, and conclusions included and referenced in the agenda memorandum prepared in association with the original action taken by the Board of Adjustment at its meeting on May 18, 2020, and the testimony presented at the aforementioned meeting, staff recommends the Board of County Commissioners upholds the decision of the Board of Adjustment to approve the special exception.
It was determined the Applicant, John T. Vick, III, was present to answer any questions.
With regard to public participation, Julie Kitchen, 5020 Cub Lake Drive, spoke in support. No one else spoke in support or opposition and public input was closed.
Commissioner Constantine stated this had been a very contentious issue. At the August 10th meeting, the community and property owners hashed out their concerns and problems. There are some items that were not included in the agreement and should not have been because they are not county issues. The Commissioner advised he told the parties he would state what those additional items are. All agreed that the facility would open with a limit of 10 residents and then increase to a maximum of 15 residents in six months. The Commissioner is talking to the traffic engineers on the other side of the street to try and put designated "no parking" and "tow zone" signs on the opposite side of the property. The president of the HOA, who is a licensed engineer, volunteered to work with the property owners and review the landscape plan. The community committee and the property owners will work on the gravel maintenance in the parking area if it has any problems and starts to shift.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to uphold, thereby approving, the Board of Adjustment decision to approve the request for a special exception for an Assisted Living Facility (ALF) with 15 beds in the A-1 (Agriculture) zoning district, more particularly known as 5030 Cub Lake Drive; Montclair Community Association, Inc., Applicant; Development Order.
Chairman Zembower requested confirmation from the applicants that they agreed to the additional items stated by Commissioner Constantine. Carrie Vick, Applicant, responded they did agree if they managed to get to more than 10 residents prior to the six-month mark, they would communicate that with a representative of the community's choosing to make sure they felt good with where it was going.
Commissioner Carey commented the number of beds is part of the state licensing process. She does not want to restrict the number of beds they apply for initially, because the Board is approving it can be up to a 15-bed facility. Commissioner Constantine responded the license will be for 15 units. That was just something that the parties agreed to at the meeting, and it is not part of the motion. Mr. Vick advised they will be applying for a license one time for the full 15 beds.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #51 – 2020-2154
Woodbridge Commerce Center PD Major Amendment and Rezone/Lance Bremer
Joy Giles, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum. Outdoor storage will be limited to a maximum of 49% of the total constructed building square footage on site, which corrects the 25% that is reflected in the agenda memorandum.
It was determined Larry Poliner, RCE Consultants, engineer of record for the Applicant, was available for questions.
With regard to public participation, no one spoke in support or opposition and public input was closed.
Motion by Commissioner Carey, seconded by Chairman Zembower, to adopt Ordinance #2020-22 enacting a Rezone from PD (Planned Development) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for 4.81 acres, located on the east side of Elder Road, south of Church Street; Lance Bremer, Applicant.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #52 – 2020-2188
MSBU Consolidated Street Light Ordinance Amendment/
Lockhart Vicinity and Riverside at the Springs
Kathy Moore, MSBU Program Manager, addressed the Board to present the request as outlined in the agenda memorandum.
With regard to public participation, no one spoke in support or opposition, and public input was closed.
Motion by Commissioner Lockhart, seconded by Commissioner Carey, to adopt Ordinance #2020-23, amending the Consolidated Street Lighting District MSBU, repealing and replacing Ordinance #2019-31, and creating the two new MSBUs of Lockhart Vicinity and Riverside at the Springs.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #53 – 2020-0022 - Transmittal
Novel Parkway LSFLU Map Amendment and PD Rezone/Crescent Acquisitions, LLC
Danalee Petyk, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.
Commissioner Carey confirmed with Mr. Jreij there is already a full median opening on International Parkway where the plan shows a full access point. Mr. Jreij explained there is no development in that area. With Wekiva Parkway and all of that development, there is a safety concern to have full access because there is not a traffic light in that intersection. There will be a traffic light at Wilson and International within the next 12 months or so that the developer, Florida Highway Patrol, and the hospital are all contributing towards. Commissioner Carey noted there is a light at Wayside Drive and they don't usually put lights that close together. She asked why that is being done now. Mr. Jreij responded the traffic light will be warranted with this new development. Upon inquiry of Commissioner Lockhart, Mr. Jreij stated it is not a line-of-sight issue as much as the amount of traffic that will be coming from Wekiva Parkway and International. Commissioner Carey clarified Wekiva Parkway does not have an exit onto International Parkway, and Mr. Jreij responded it will still contribute to a lot of traffic. Upon inquiry of Commissioner Carey, Mr. Jreij advised it is about 600 feet between Wilson and the proposed opening. Commissioner Carey stated that was why when they built International Parkway they put a median opening there. She confirmed with Mr. Jreij that it meets the distance requirement.
Charles Madden of Madden, Moorhead & Stokes, on behalf of the Applicant, displayed and discussed a presentation showing the Existing Future Land Use Map for the area, Conceptual Site Plan, and Wilson Road Intersection (received and filed). He stated they are with the trend of development on that side of the road, and the density of other apartments in the area is in the range of this proposed project. For esthetic purposes, it is their opinion it will look better on Wilson Road to have a 6-foot, picket-style fence with heavy landscaping along there instead of creating a cavern effect of having two walls on both sides of the road.
Commissioner Carey confirmed with Mr. Madden that the proposed picket fence is aluminum. She inquired if a self-storage were to be built on Lot 3 that there would be a wall around it. Mr. Madden responded it is probably likely that the developer of the self-storage would put a wall up along Wilson. The Commissioner opined that a masonry wall with aluminum picket gates would be more appropriate if self-storage is going to be there. She inquired of Mr. Madden if staff has talked to him about the full median opening on International Parkway. Mr. Madden advised he did talk to staff about it and understands the concerns. He does not believe there are any proposed access points on the east side of the road across from the proposed project. They felt like the County spent millions of dollars on International Parkway and planned those median openings. This was a full median opening, they felt like they were going with the plan, and they would like a full median opening there. They have a traffic engineer on their side that says it would be safe, but Public Works feels like they should limit the left out. The Commissioner asked Mr. Madden if he has been notified that this development would warrant a light and a contribution to a light at Wilson Road. Mr. Madden responded they have agreed to do a light warrant study. And if it is warranted, they would pay their pro rata towards the implementation of the light, which is all spelled out in the Development Order.
Upon inquiry of Commissioner Lockhart regarding the self-storage use, Mr. Madden stated he does not believe the demand for it is there today; but it would be nice to have the right to do it if that changed in the future. A discussion ensued regarding allowable uses in HIP-TI and Commercial.
Mr. Madden advised they could not have an in-person community meeting, but they did send out fliers. One of the comments they got back is why more apartments in the area. He explained they did have a market study done and there is a demand for apartments in the area. All of the current apartment complexes up and down International Parkway are over 95% occupied.
With regard to public participation, William Tyler, 380 Still Forest Terrace; Joseph Humphreys, Cardinal Pointe HOA Vice President, 883 Cardinal Pointe Cove; Dennis West, 5336 Factors Walk Drive; Wafa Esposito, 5040 Hawks Hammock Way; Cynthia Haller, 1731 Beacon Drive; and Kent Wiggins, 368 Still Forest Terrace, all spoke in opposition.
No one else spoke in support or opposition and public input was closed.
Upon request of Chairman Zembower to discuss density, building height, and permitted uses in HIP-TI, Ms. Petyk explained HIP-TI Future Land Use allows up to 50 dwelling units per acre. For Commercial or Target Industry uses, the size of the lot allows 1.5 times that for the square footage of the building. She displayed and reviewed the allowable uses outlined in the proposed Development Order. She explained self-storage wouldn't be a use in HIP-TI. It is part of their Planned Development request, and it would be an accessory to one of the other warehouse-industrial-type uses that is allowed in HIP-TI. She added they have allowed building heights up to 120 feet in HIP-TI.
Upon Commissioner Lockhart's request to review the history of HIP-TI, Ms. Petyk explained it was established in 1990. In 1995 and 2000, they added land west of I-4. Staff believes that is when this property was included in HIP-TI. Then in 2008, the Comprehensive Plan was amended to strengthen HIP-TI, and that is when the residential uses were limited. Commissioner Lockhart clarified this has been planned to be a very intensely developed parcel for 30-some-odd years. Ms. Petyk added at least since 1995.
Commissioner Dallari confirmed with Ms. Petyk that less than 50% of the square footage of the property is allowed to be residential for HIP-TI developments.
Motion by Commissioner Carey, seconded by Commissioner Lockhart, to approve transmittal of the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Higher Intensity Planned Development – Target Industry (HIP-TI) to Planned Development (PD) to State and regional review agencies, and subject to final approval and adoption of the LSFLU Amendment Ordinance, adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for a multifamily, residential and commercial mixed-use development, on approximately 14.75 acres, located southwest of the Wilson Road and International Parkway intersection; based upon the revision to the International Parkway access, as required by Seminole County Public Works; including the two following additions to the associated Development Order: (1) if self-storage is constructed on Lot 3, a solid wall is required along Wilson Road with a height limitation of 50 feet; (2) a full intersection as proposed on the site plan be approved, unless there is a traffic report in the future that would indicate it created some type of safety issue; Tim Graff, Crescent Acquisitions, LLC, Applicant.
Under discussion, Commissioner Constantine stated this is only a transmittal for a Comprehensive Plan to go to the Department of Economic Opportunity and it is not the time for site plan issues. Commissioner Carey responded there is an associated Development Order with this action, and those are two changes she is requesting to be in the Development Order.
Commissioner Dallari noted there was an evaluation of HIP-TI Future Land Use in 2017, and it said under the strategies for recommendation that before they converted any more of the HIP-TI to other usages they should do a deeper dive in that. He believes it should be done before they actually move forward with making a decision since this is one of the last pieces. International Parkway was built with the premise that HIP-TI would bring in the economic development for this area. If they are going to be doing this, they should be revising the study first before they convert this to another use.
Commissioner Constantine commented he would not be supporting the motion because he thinks this is the wrong project at the wrong place at the wrong time. The Applicant is asking to go from HIP-TI to PD so they can get around the less than 50% and put in more apartments.
Commissioner Carey noted the study was done in 2015. At that time, they didn't know the alignment of the Wekiva Parkway. Now that they know the alignment and it actually abuts this property, in her opinion this is the proper transition for the last of the residential to be up against this. If they leave it for HIP-TI, they could have a 100-foot-tall building adjacent to the residents there.
Districts 1 and 3 voted NAY.
Motion passes 3 to 2.
The Chairman recessed the meeting at 3:40 p.m., reconvening at 3:47 p.m.
Item #54 – 2020-0023
Legacy 240 Rezone/Julian R. Coto
Ms. Petyk presented the request as outlined in the agenda memorandum and advised the Applicant submitted a revised Conceptual Plan and Development Order late last week for consideration, which was distributed to the Board (received and filed). The revised request is for a reduction to the proposal included in the agenda item with a 45-foot building height, four stories, and 50 units for a density of 18.8 dwelling units per acre. The revised plan and Development Order have not been fully reviewed by staff for compliance with the Land Development Code. Therefore, staff's recommendation is to adopt the proposed Ordinance enacting a Rezone from R-3 to R-4 and approve the associated staff-recommended Development Order based on the alternative development program recommended by staff and previously submitted by the Applicant.
Commissioner Dallari stated staff’s presentation said the new changes were not fully reviewed. The Commissioner asked what was reviewed and what was not reviewed. Ms. Petyk explained Planning staff did look at it. However, rezones and conceptual plans are required to go through the full Development Review Committee for review. The revised plans have only been reviewed by Planning staff, and they only did a cursory review to see what the changes were.
Commissioner Carey commented both the Applicant’s request and the staff recommendation have a height of 45 feet but also say three stories, and there can be four stories in 45 feet. The Commissioner inquired if staff is okay with 45 feet whether it be three or four stories. Ms. Petyk responded the number of stories is what the setbacks are based on, because it's a minimum of 25 feet and it goes up 10 feet for each additional story. Staff is okay with the 45-foot building height and the number of stories as long as the setbacks are met. The original proposal was for 45 feet and three stories, because the first story was supposed to be parking and not a full living-unit story. Commissioner Carey inquired if staff's recommendation is considered and the Applicant came in and wanted to do 45 feet, four stories, would they just have to set back further. Ms. Petyk responded that was correct and the setback would be 55 feet. If it's only three stories, the setback is 45 feet. Upon Commissioner Dallari's inquiry if it can all fit on the property now with that additional setback, Ms. Petyk explained it can and they are already exceeding their required setback on the north, south, and west. They have a 65-foot setback, so regardless of which development program is approved or denied, they meet that setback. They are requesting a waiver for the four-story or five-story approval on the east side because they can only meet a 45-foot setback along that property line.
Attorney Tom Sullivan, GrayRobinson, P.A., representing the Applicant, addressed the Board and introduced the following project team members: Dustin Lucas, JEL Land Development; Attorney Philip Kaprow, Killgore, Pearlman, Semanie, Denius & Squires, P.A.; and Julian Coto, Excel Engineering Consultants, LLC.
Mr. Sullivan stated this property has a High Density Residential Future Land Use designation, and it's been designated that way for some time. They are asking to rezone from R-3 to R-4 with the limitations and conditions that are set forth in the revised Development Order they provided. Under the current R-3 designation, the property could be developed at 35 feet with 34 units. Some of the key points in the revised Development Order are that the height would be limited to 45 feet. They were originally asking to go 60 feet, so that's been reduced; and they are now asking for an additional 10 feet from the 35 feet that is already allowed in R-3. They were originally asking for 53 units but are now asking for up to 50 units, and the 50 units is 16 more than what is allowed under the current R-3 designation. He clarified the request boils down to 10 feet in height and a total of 16 units. Mr. Sullivan discussed staff's recommendation and advised they are on the same page with the recommendation of 45 feet. Staff supported 42 units, and they are asking for 50, which is a difference of eight units.
Mr. Sullivan stated they have added some additional conditions in Sections (2) K through O of the revised proposed Development Order they think would be appropriate and are also in response to some of the concerns that have been brought to their attention by the adjacent owners. Section K would provide for a 6-foot-tall PVC fence along the south and east property lines, which is adjacent to the units in Palm Valley. In regards to Section L, they looked at the Development Order for The Station Alafaya and copied it to limit the decibels and noise and to prevent any of that noise from occurring at all between the restricted hours noted in that section. Section M provides for dark sky lighting as is detailed in that condition. Section N adds a couple of electric charging stations to be included in the parking spaces being provided. Section O is a contribution of up to $25,000 towards an exit-only security gate at Princess Palm Place and Seminole Avenue, if they are able to document that with Home Town, who is the adjacent owner. Mr. Sullivan stated they think those conditions address any compatibility issues that are directly related to this request as it relates to Palm Valley and as it relates to the feedback they have received regarding this project.
Mr. Sullivan noted there are a fair number of multifamily units in the immediate area, such as the Tivoli, which is right next to Palm Valley; The Station Alafaya, and the University of Central Florida that is immediately adjacent. It is their understanding that the leasing numbers are strong in the area and continue to be, so they definitely think there is a demand for their requested number of units. Mr. Sullivan added this is an infill location. He clarified this is conventional multifamily, not student housing; and they are going to pay their school impact fees. Mr. Sullivan advised they will be extending Seminole Avenue to the project entrance, as is required to meet county standards, and clarified the 45-foot height is with a flat roof.
With regard to public participation in support, Lee Day, 3441 Hunt Lane, spoke and commented that Palm Valley supported the development of The Station Alafaya.
With regard to public participation in opposition, the following spoke: Dianna Danin, 938 East Palm Valley Drive; Jolene Burns, CWS Communities Limited Partnership and Home Town America, Community Manager for Palm Valley; and Regina Kistner, 3884 Fish Tail Lane, Palm Valley HOA President, addressed community concerns of increased traffic and cutting through their private community. She stated Palm Valley is responsible for their own road improvements and drainage. If drainage problems arise from the proposed development, Palm Valley will have to pay for them. She advised the fire department accesses Seminole Avenue to enter the back of the community for emergency calls and will not be able to do so if it becomes an exit only. They would prefer if it was a 55-plus community; Mattie Sullivan, 749 East Palm Valley Drive, inquired if Seminole Avenue will become two lanes when it is extended. She noted even at 45 feet, with the grading being higher than the Palm Valley homes, it could potentially allow second- and/or third-floor apartments to look into Palm Valley homes; and Richard Reynolds, 833 East Palm Valley Drive, objected to the project and requested a continuance to do some research because he found information on supposed deed restrictions that go way back.
Chairman Zembower clarified with Ms. Kistner that Seminole Avenue is currently an exit only and they do not want Princess Palm to be an exit only. The Chairman inquired who controls the private road access inside Palm Valley. Ms. Kistner responded there is a gate at one entrance, but there is a break in the fence that was built when the other apartments went up and people go right over the grass and in through that way. The Chairman inquired if there is a gate at the main entrance on Palm Valley Drive, and Ms. Kistner explained there is not one at this time.
Commissioner Lockhart advised she drove through Palm Valley and did not see any trespassing or private road signs. She suggested to Ms. Burns there may be an opportunity for the management company to help provide some more safety and security for their tenants by putting up signs. Ms. Burns stated she would share that with the corporate office.
Chairman Zembower inquired of Ms. Burns if Palm Valley supported The Station Alafaya in writing and showed up at the hearings to support the development. Ms. Burns explained they supported it because of the fence that was put along their northern boundary and because the gate in the back of the community was reinforced and built up. That development was outside of Palm Valley property. The Legacy development is in the middle of the Palm Valley community. The Chairman inquired if they have tried to purchase this property to incorporate it as the entirety of Palm Valley. Ms. Burns responded the land was not for sale when CWS Communities purchased Palm Valley.
No one else spoke in support or opposition, and public input was closed.
Mr. Kaprow advised the Applicant is prepared to add a condition to the Development Order that they would not allow balconies on the units facing the south or east towards the single-story mobile homes.
Upon inquiry of Commissioner Lockhart if any member from the applicant team attended a community meeting to talk to the residents, Mr. Kaprow advised they were not aware of the meeting and did not attend. He explained they had been working directly with Ms. Burns and set up a Zoom call, and nobody from Palm Valley attended. They also requested a live meeting and were told they couldn't do it because of COVID-19. The Commissioner inquired, with the discussion about the additional gate and the property owner allowing that to be put up or not, how will the Applicant know they can do that if nobody is engaging in conversation. Mr. Kaprow explained they are willing to contribute monies, which is intended for an exit gate because that is what was requested through the multitude of letters they received. However, Palm Valley can do what they choose with it, whether it's a gate or a guard or armed patrol or no trespassing signs.
Commissioner Dallari advised he was contacted Tuesday evening by a Palm Valley resident and asked to stop by their neighborhood. He was unaware of what the gathering would be. When he found that he was in the middle of a meeting to talk about this item, he explained to the residents that should be ex parte communication and that he had to come into the meeting neutral and he abruptly excused himself.
Commissioner Dallari stated since staff said in their presentation they did not fully review the changes, he would like to know what it would take to fully review it, because he does not feel comfortable moving forward unless this is fully reviewed by staff. Ms. Petyk explained in order to have it fully reviewed by staff, it would need to be resubmitted through the ePlan review system and routed out to all of the Development Review Committee staff members to take a look at the changes.
Chairman Zembower inquired if that is just a technicality or something to be considered. Commissioner Carey commented this is a normal process in a rezoning hearing because it's not uncommon for staff and developers to be talking back and forth and trying to work out details and submitting revised development orders. Mr. Applegate requested confirmation that staff was comfortable with their resubmittal that it didn't have to go through an entire new pre-application process because of the changes that were made. If that's the case, then he does not have a problem with it going forward. Chairman Zembower inquired if staff is comfortable at this juncture with the application and the review process thus far as it may continue. Ms. Petyk responded what staff actually reviewed fully was the original Applicant proposal of 60 feet and 20 dwelling units per acre, and then the staff recommended an alternative which was submitted last year. What staff has not fully reviewed, because it was submitted last week, was the third option that the Applicant presented. From the cursory review that only Planning staff looked at, it did appear to be less than the Applicant's original proposal of the 60 feet and 20 dwelling units per acre, which is why it was brought forward. However, because the R-4 zoning is zoned to a conception site plan and has an associated Development Order and has to meet certain standards of the Code, staff's preference would be that it is fully reviewed by Development Review Committee staff. Upon inquiry of why it was on the agenda, Ms. Petyk and Ms. Guillet explained it was already advertised and the revisions from the developer came in after the agenda had already gone out and this had been scheduled for consideration, so the Applicant asked that those items be distributed to the Board. Mr. Applegate recommended staff go back and do a full review and then bring it back.
Mr. Sullivan stated regarding the staff review, they don't believe there are any additional waivers that are associated with the request. Rather than coming back and continuing this and needing to go through another public hearing and taking everyone's time, he would suggest having the motion include that it be approved subject to staff's review. Should that review reveal the need for another waiver or something that would require Board action, then they would come back with some kind of an amendment. Mr. Applegate advised he could agree with that suggestion to save having another hearing. If the approval is based on a full review by staff and there aren't any significant changes that would require a new hearing, they can do that.
Commissioner Carey noted the amended request is less intense than the original submittal and there aren't any additional waivers being requested, so she thinks the compromise is probably reasonable. Upon inquiry of Chairman Zembower for clarification, Ms. Petyk re-reviewed the Applicant's initial submittal, staff's recommendation, and the Applicant's revised submittal.
Commissioner Dallari stated the issue he has is that they are not really hearing what staff's full review is, but they did hear from the public. He inquired of Mr. Applegate, if they close public input and ask for staff's review and come back to hear what their review is, do they have to open it back up to the public or can they make a decision at that time. Mr. Applegate responded he thinks Mr. Kaprow has made a reasonable suggestion that could be approved by the Board today. If they are going to go back and look at something else in a future BCC meeting, then the public would have a right to comment.
Ms. Guillet commented it's not unusual to get revisions from an applicant prior to a meeting and it happens frequently. Staff did not have the opportunity to fully vet it, but it does appear it is less intense. In looking at it, there are changes that are very similar to changes that the Board often would insert into a Development Order during its discussion. Although staff hasn't had a chance to fully vet it because it came in so late, it is not unusual for the Board to get proposed changes at a meeting that staff hasn't had a chance to review yet either with respect to development orders, and it's not unusual to consider something different at the hearing than what was included in the agenda packet.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to deny the request to adopt a proposed Ordinance enacting a Rezone from R-3 (Multiple-Family Dwelling) to R-4 (Multiple-Family Dwelling) for a multifamily residential development, and approve the associated Development Order for approximately 2.6 acres, located on Seminole Avenue, approximately 1,000 feet north of McCulloch Road, 45 feet in height, four stories, and 50 units, which was the last request of the Applicant; Julian R. Coto, Applicant.
Under discussion, Commissioner Constantine stated he would be comfortable if they were voting on the staff recommendation of three stories, 45 feet, 42 units; but he's not sure exactly what they are voting on so he would go along with Commissioner Dallari's motion.
Chairman Zembower inquired if it will be 45 feet maximum whether it's three stories or four stories, and Ms. Petyk responded yes. Upon request of Commissioner Carey, Ms. Petyk reviewed staff's recommendation of three stories, 45 feet, and 42 units; and the Applicant's submittal last week of four stories, 45 feet, and 50 units.
Commissioner Dallari stated the reason he made a motion for denial is because R-3 without any changes allows 34 units; staff's recommendation is 42 units, and the Applicant wants to have 50 units. He does not see a nexus on why that additional density needs to be there.
Districts 1 and 3 voted AYE.
Districts 2, 4, and 5 voted NAY.
Motion fails 3 to 2.
Motion by Commissioner Carey, seconded by Commissioner Lockhart, to adopt Ordinance #2020-24 enacting a Rezone from R-3 (Multiple-Family Dwelling) to R-4 (Multiple-Family Dwelling) for a multifamily residential development, and approve the associated Development Order for approximately 2.6 acres, located on Seminole Avenue, approximately 1,000 feet north of McCulloch Road, 45 feet in height, four stories, and 50 units, which was the last request of the Applicant; Julian R. Coto, Applicant.
Chairman Zembower suggested a friendly amendment to restrict balconies on the two sides overlooking the east and south, the line of sight for the Palm Valley residents, as offered by the Applicant. Mr. Applegate added staff would also go back and do another look and make sure that there weren't any other issues to be concerned about.
Commissioner Carey amended the motion to include the no-balcony provision that Mr. Kaprow and Mr. Sullivan spoke about and also the additional staff review. Commissioner Lockhart agreed to the amendment.
Ms. Guillet stated the revised development order submitted by the Applicant included five other provisions and requested clarification if those were part of the motion. Commissioner Carey responded it is the development order that was last submitted that includes dark skies and all the other stuff, plus the balconies, plus the staff review recommendation from the two attorneys.
Chairman Zembower commented there is an offer in the Development Order for $25,000 towards a security gate, if agreeable, to the property owner of Palm Valley. Commissioner Carey responded all of that is in the development order that was last submitted by the Applicant. Upon inquiry of Chairman Zembower, Commissioner Lockhart advised she agreed with all of that as well.
Commissioner Dallari stated he would not be supporting the motion because it is doubling the density. Commissioner Constantine stated he will not be supporting because an increase in zoning should benefit both the developer and the citizens if the Board allows it; but they continue to increase zoning simply for the fact that people are asking for it, and he doesn't see that as a sustainable policy.
Commissioner Carey noted staff recommended the rezone from R-3 to R-4, and it was just the number of units that are in question.
Districts 2, 4, and 5 voted AYE.
Districts 1 and 3 voted NAY.
Motion passes 3 to 2.
Item #55 – 2020-0019
Land Development Code Amendment – Right-of-Way Use Permitting
Bill Wharton, Engineering Project Manager, presented the request as outlined in the agenda memorandum.
With regard to public participation, Dan Pollock, AT&T Regional Director of External Affairs, 12150 Research Parkway, Suite 130, spoke in support.
No one else spoke in support or opposition and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt Ordinance #2020-25 amending Chapter 75 of the Land Development Code to update right-of-way use permitting by providing revisions and clarifications, to provide for emerging technology related to small wireless facilities, and making conforming amendments to Sections 2.3 and 35.95 of the Land Development Code.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #56 – 2020-2098
Land Development Code Amendment – Mobility Fees
Chairman Zembower advised the public hearing item to consider an Ordinance amending Chapter 120, Road Impact Fees, of the Seminole County Land Development Code, to revise and refine the regulations to replace Road Impact Fees with Mobility Fees, has been pulled by staff and will be brought back to the Board at a later date.
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised they received a letter from the law firm representing the County in the opioid lawsuit. They're also representing a number of local governments, mostly school boards, on damages caused by vaping. Mr. Applegate sent that letter to the School Board's attorney, and she informed him they are already part of a class action lawsuit. He has asked Desmond Morrell, Deputy County Attorney, to get with the Sheriff's Office and Public Safety. He does not anticipate there is a lot to be concerned about. However, he will keep the Board posted on when he hears back from them as to whether or not they will need to take any action.
COUNTY MANAGER’S REPORT
Ms. Guillet noted there are two Board meetings and two Budget Public Hearings next month. She inquired what the Board’s thinking is on transitioning back into live meetings, and a discussion ensued. Mr. Applegate advised the governor's latest order allows virtual meetings until October 1, unless it is extended again. It was determined staff will plan on a hybrid meeting model for the September meetings where those who want to attend in person may appear in chambers and those who want to attend virtually may do so via Zoom.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to appoint Dorothy O’Brien as Seminole County’s representative to the (SunRail) Central Florida Commuter Rail Commission Customer Advisory Committee.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Dallari stated the Board received a letter from Fire Chief Otto Drozd regarding the I-4 Ultimate and Wekiva Parkway update talking about the fire issues with it and safety concerns. They are getting to a point where they have done everything they can. The State had a policy change in 2015 where fire suppression system improvements are not going to be provided on the managed lanes or express lanes. The Commissioner requested consensus from the Board to ask their state lobbyist to get involved.
Commissioner Carey stated the plans for this have been on the books for a while and the project is almost finished, so she's not sure now would be the time. If they were going to try to get something added to the project, they should have done it a long time ago. Before asking the lobbyist to do something, she would like to better understand what exactly could be done at this point in time. Maybe staff could get that information together and brief all of the Commissioners so they can talk about it at the September meeting. Commissioner Dallari responded if they need to wait two weeks to get staff's update or to brief each of the Commissioners, he has no problem waiting two weeks. However, the longer they wait to get the lobbyist involved, the harder it's going to be. Staff has done a good job working with DOT, but now DOT is saying that they have a policy change that happened in 2015 that the County was not aware of. Commissioner Constantine stated no money would be spent because the lobbyists are under contract, and he doesn't see where there is a problem having the lobbyist look in to it.
Chairman Zembower inquired if they are asking the lobbyist to inquire with FDOT and ask them to change their policy that they enacted in 2015 for all roads or just this road? Commissioner Dallari responded it is managed lanes or express lanes. There are other express lanes around the state that do have it. Because of the cost, FDOT changed it and threw it out of the policy. The Chairman asked if they were to be successful with FDOT and they decided to change their policy again, would that policy change impact the roadway in Seminole County that they are concerned about right now or would that require them to go back and do additional work to put it in after the fact. Commissioner Dallari responded it's easier to do it right now. If they wait, it's going to be more cost prohibitive as they move forward because they will have to do work on a road that's already been completed.
Commissioner Carey asked which express lanes in the state have this system installed. Commissioner Dallari explained there was a letter that was provided to the Commission about three months ago. It shows three different roads in South Florida and Brevard County. Commissioner Carey stated she is not sure what they are asking the lobbyist to do. Commissioner Dallari explained the reason he has not asked the lobbyist to get involved before is because they wanted to exhaust all avenues first, and staff has done that. It has gotten to a point where they're putting quite a few new fire stanchions and fire mains throughout I-4 in the Seminole County portion, and the only outstanding issue regarding I-4 Ultimate are the managed lanes. Due to FDOT's policy change in 2015, any fire suppression system improvements would require a change to FDOT policy level.
Commissioner Lockhart suggested instead of asking for the lobbyist to lobby on the County's behalf for something they may not know exactly what they need, maybe they should ask the lobbyist to look in to it and see what the circumstances are and at least let them test the waters. And then based on that, they can move forward.
Commissioner Dallari requested staff brief all Commissioners in the meantime.
The Commissioner inquired when there will be an update on Deer Run. Chairman Zembower responded it was his understanding from Terry McCue, Environmental Services Director, they would have a significant amount of data by the end of this week, so his expectation would be maybe in another week.
Commissioner Carey advised she received a call yesterday from Diane Crews, Orlando Sanford International Airport President, and Airport Chairman Tom Green, who had discussions with both Chairman Zembower and the County Manager several months ago and again last week. The Commissioner stated it is important that everyone understands these conversations are going on and that any conversations about property transactions between these agencies should be in the Sunshine because of the things that have transpired. Ms. Crews revealed that she had notified the FAA back in February that she believed there was an issue when the County purchased the property from the Airport to construct Red Cleveland Boulevard and Lake Mary Boulevard. If there was an issue, it would have transpired over 20 years ago. It hasn't caused an issue with FAA at this point because they have continued to fund hundreds of millions of dollars to the Airport in the last 20 years. The FAA responded to Ms. Crews’ letter in June and said they were not aware of any issue, but they presented two solutions: The Airport could apply retroactively to the FAA to get a release on this property, or the Airport could reacquire the land. In the FAA’s response letter to Ms. Crews, it says, "You have stated that you are interested in again obtaining control and ownership of this property so that you may ensure compatible land use adjacent to the airport." Commissioner Carey noted land use is something that is controlled by the County Commission. The Airport sent another letter to the FAA on July the 9th stating it is their intent to reacquire this property to resolve this issue. The FAA sent another response on July 16th saying they would give them an extension on the time to do this. Commissioner Carey stated there has been no discussion publicly with the BCC about this particular issue nor with her individually as the liaison for the Airport, and they have not had these conversations at a noticed airport board meeting.
The Commissioner expressed she is very concerned about what is going on. The last time the Board talked about this particular property, which is west of Red Cleveland Boulevard and south of Marquette, they said it was in the County's best interest to keep it and they would consider any and all interests on other parcels and evaluate them on a case-by-case basis. The Board directed staff to engage an appraiser to do a highest-and-best-use appraisal on the approximate ten-acre piece along Lake Mary Boulevard that goes not quite all the way to Red Cleveland Boulevard, because there are three different groups, including the Airport, that have expressed an interest in that parcel. Commissioner Carey noted she learned in her conversation yesterday that when Commissioner Zembower talked to the Airport about this he also wanted to talk about the original land swap again, which the County went through a lot of cost with public funds to get to that point. She explained there are four pieces of property that were discussed yesterday: Parcel A, which is the piece from Marquette and Red Cleveland Boulevard that is the County's drainage easement; Parcel B, the piece that the three interested parties are interested in; Parcel C, the parcel that is behind the 12-acre piece that the County purchased when they had the verbal agreement to do the land swap; and Parcel D, the piece the County owns at Lake Mary Boulevard and Moores Station Road. Chairman Green made it clear he has no interest in trying to tie these conversations together, that their interest primarily is in Parcel A and B. After seeing the correspondence that has been going back and forth between the Airport and the FAA where they're saying their solution is going to be to reacquire this property, Commissioner Carey doesn't know how they would get that done by September 20th.
Since there have been a lot of conversations going on that the Board is not privy to, the Commissioner suggested having a workshop in order to have these conversations in a public setting rather than individual conversations trying to see where everybody is going to land on something, because there are a lot of pieces and parts to what is going on here. The Commissioner stated she doesn't know what transpired 20 years ago. However, in the letter from the FAA, it says that the County Attorney's Office was told by the director of the airport they had gotten FAA clearance, and they just can't find anything in their records. The Commissioner advised she has asked Ms. Crews to send all correspondence regarding this issue from the Airport to the FAA and the results to the County Attorney's Office for circulation.
Commissioner Lockhart confirmed with Commissioner Carey that none of these conversations have taken place at a publicly noticed airport board meeting. Commissioner Carey added there are subcommittee meetings, but she doesn’t have those meeting minutes yet. She will be requesting the tapes of the subcommittee meetings. Commissioner Lockhart inquired if the new airport president is involved in these conversations and is aware this is going on. Commissioner Carey responded Ms. Crews advised that, yes, he was in the room during the call.
Commissioner Constantine inquired of Chairman Zembower if he had anything other than just the Airport informing him of what they were looking to do. Chairman Zembower explained once the FAA issue was brought to his attention, he immediately suggested the interaction be with the County Attorney's Office. There was another conversation that was indicated that the Airport was interested in the Red Cleveland Boulevard piece of property. The Chairman advised the Airport that the Board gave direction at a BCC meeting that that piece of property needed to be appraised and then brought to the Board to see if they wanted to sell it. However, that doesn't preclude anyone from making any written offer to be brought before the Board for consideration.
Mr. Applegate advised he and Mr. Chipok had a phone conversation a couple of months ago with Ken Wright and a member of his firm who were wanting a global resolution to the issue about the right-of-way issue and property swaps and the pond. Mr. Applegate made it very clear that, as the attorney, he is happy to accept something in writing because they need to be transparent; but the Board had already directed staff to start preparing a proposal to go out to bid on the other properties. The response was they would like to do a global settlement; and then all of a sudden, the FAA issue came up and it was urgent for them to say they have to resolve the Parcel A issue immediately because of the FAA. Mr. Applegate told them the only thing they can do is submit whatever they want to him in writing, because of the transparency, and he will bring it to staff and to the Board. Upon inquiry of Commissioner Carey, he advised he had not received anything. They had wanted him to put a meeting together, start working on a memorandum of understanding; and his response was it's not going to happen, they need to put something in writing so he can bring it to staff and the Board. Commissioner Carey requested that Mr. Chipok circulate the two letters they have from the FAA. Commissioner Lockhart requested someone from the County Attorney's Office who is up to speed with all of this brief her individually.
Ms. Guillet clarified her involvement has been the one conversation with Chairman Zembower back at the beginning of July where they told the Airport to work with the County Attorney's Office; and last week, she got a call saying they were going to submit a proposal to Mr. Applegate. She was not aware of the letters with the FAA.
Commissioner Lockhart requested the County Attorney's Office work with Commissioner Carey on the public records request. Commissioner Dallari requested all the Commissioners be briefed by someone from the County Attorney's Office so they are all up to date.
Commissioner Constantine advised LYNX will start collecting fares again on September 1st.
Commissioner Lockhart requested the County Manager or staff work with the City of Longwood to talk about putting parking timing restrictions on some parking spots that are in the right-of-way on 427 and Church. The parking in that area for the building that has a variety of uses in it is on the northeast corner of 427 and Church. They are really struggling with having parking out front being taken up for extended periods of time by other uses in the area. For those who need to pull in and just stop quickly to pick up some grocery items or some healthcare items, they are having a real hard time with that. The City of Longwood is willing to put the timing restriction on the parking on Church, but 427 is the County's jurisdiction.
The Commissioner requested someone provide an update to her on what the Seminole Action Board (SAB) is doing as it would be helpful for her in her role at the Central Florida Commission on Homelessness to get a feel for what the SAB is doing. She inquired if there was a member of staff on that board or who attends those meetings that could give her a briefing. Ms. Guillet responded there is not staff that serves as a member of that board because it's an independent private board, but staff was attending those meetings regularly. However, staff that was attending are currently busy working on the CARES Act funding grants. She advised she will get the Commissioner some information.
CHAIRMAN’S REPORT/District 2
Chairman Zembower discussed the various meetings he attended.
The Chairman stated there continues to be a great deal of COVID infection and deaths in local assisted living facilities. He has had quite a bit of interaction from families who continue to be concerned that they themselves are not allowed to visit their loved ones in the assisted living facility. However, the facility’s staff are bringing the virus into the facility. He will be reaching out and working with government partners to try to understand if there is something that can be done to help the situation and he will report back.
The Chairman advised there is an Orange County/Seminole County issue as it relates to Commissioner Dallari's district that has to do with the watersheds through both districts. There have been complaints of some usual water heights along the Lake Pickett/Lake Mills/Curryville Road watershed area. There is going to be a community meeting with Orange County and Seminole County staffs to understand the dynamics of that and what may or may not be able to be done. Commissioner Dallari will take the lead on that working with staff and Orange County Commissioner Bonilla, and Orange County will be working with their staff.
The Chairman stated the County Manager's Office distributed policies and procedures to the Commissioners. He would like to get a sense of what the Board's expectations are, when those can be reported back with any changes to the County Manager so they can move forward on considering adopting those policies and procedures. He would like to get a consensus on a time frame for that. Commissioner Carey suggested doing that at the October workshop for adoption at the October board meeting. Ms. Guillet advised an October work session is doable. The draft has been distributed. The County Attorney had a chance to look at it, and he will want to look at the Commissioners' comments as well. The Chairman inquired if that was amicable for all the Commissioners, and no objections were voiced.
The Chairman requested staff brief the Commission on the sidewalk protocol on determining who does or does not get sidewalks. He requested staff provide an impact study from the standpoint of "they pounded on the table to get the sales tax projects rolled out." He does not disagree with this additional layer they have talked about doing in vetting the sidewalk process, but he would like to know from the consultant and staff what impact, if any, these additional protocols they are putting in place may or may not delay the process.
Commissioner Carey stated she would like an update on Rescue Outreach Mission. Chairman Zembower advised he spoke to the County Manager several days ago and asked her to request that someone from Rescue Outreach Mission (ROM) give a presentation to the BCC on where they stand with standing on their own feet, the financials, and their thought process. Commissioner Carey stated the ROM board has said they have audits going on, they're trying to get their arms around the financials, they asked for some assistance, and the County Manager has responded. The feedback she is getting is ROM is feeling like the goal is to shut the facility down. If that is the case, then they just want to plan for that. But that's never been the goal of the BCC. She noted that Commissioner Lockhart represents the County on the ROM board.
Commissioner Lockhart explained there's been a lot of communication back and forth among the board members. Some unexpected dynamics have cropped up, and there is fundamentally some miscommunication or misunderstanding with things being interpreted differently than they are intended. She would not characterize the perception Commissioner Carey mentioned as the board's perception. There may be one or two board members that maybe misunderstood. Right now, the ROM board has entertained the idea of selling back a piece of property to the County. It would be quite a bit of money for them, and it's property that ROM doesn't have the ability to maintain with a tenant in it. It would be a blessing for ROM to divest itself of that asset. ROM has submitted their application for the CARES funding. There are some other grants that they are pursuing through SHIP and CDBG. There are some governmentese-type speak that has been used in some emails that has been perceived as being heavy-handed, and she thinks it's just a matter of a misunderstanding in semantics.
Chairman Zembower stated his hopes were the County Manager was going to brief everybody and gather all the information and have a report. The Chairman requested he finish his report before continuing the discussion on Rescue Outreach Mission.
The Chairman reported they continue to meet with regional partners on the COVID-19 update with surrounding counties. For the most part, the percentages in Seminole are running lower.
Continuation of Rescue Outreach Mission Discussion
Ms. Guillet summarized the help the County has given ROM over the past year. She mentioned ROM is getting their financials in order, they're getting the audit done, and they are finally seeing some forward momentum in developing a sustainability plan. After she was recently approached for additional funding, she responded she was not comfortable going to the Board right now to ask for more funding because she thinks there are other options, such as applying for CARES Act money. The County has received an application from them since then, and that will be one of the items brought forward on September 8th, which will have an estimated six-figure award.
In regards to the Hartwell property, it's property that will take management on the County's part, but they are willing to take that back on. That could net ROM, based on the appraisal, about $100,000. After the CARES Act money and the proceeds from the Hartwell property, in addition to the $70,000 that they have on hand, that's nine months' operating capital for them. Her explanation to ROM was here's a path to get $200,000 of operating capital to the Mission. Staff will work with them over the next nine months hand-in-hand to try and help them develop a sustainability plan. The Board said early on when they approved the initial $120,000 emergency funding grant that they didn't want to be the bank on an ongoing basis and they really needed this organization to either stand itself up or they needed to look at another option. Ms. Guillet expressed she is as supportive of the Mission as she has ever been. The County has directed more General Fund resources to this nonprofit than any other in the county in recent years. If they have a path to funding that doesn't require General Fund dollars, it's her expectation the Board would expect them to take that path. Additionally, she clarified to ROM that the County does not have any intention of pulling staff out of there as long as there is a need. She will make it a point to attend the next ROM board meeting, if ROM will allow her to, to talk a little bit more about this. She requested the Board advise her if they feel they are not heading in the right direction.
Chairman Zembower stated he would like to see a business plan for ROM and a visit from the acting executive director to tell the Board specifically what actions are being done on behalf of ROM and what their plan is to get it to the point where a permanent executive director can take over.
Commissioner Lockhart explained what is really prohibiting the ROM board from being able to make a legitimate business plan at this point is they don't have yet a clean audit and the 990s for the last several years have not been completed. In order for them to be eligible for grant funding and ongoing support that they can count on, those things have to be completed, and they are supposed to be completed within the next week or two. Once that happens, they have several grants that they have drafted and are ready to apply for right away. The ROM board has been hesitant to submit a plan to the BCC until they have audited financials and 990s. The other thing the ROM board wants to do is do a board retreat and have some training to learn as a new board, because many of them have never served on a homeless shelter board. They were waiting to bring new board members on to complete that entire board to be compliant with the bylaws of the Mission in order to do that. There has been some friction on the board about bringing new members on. She shared with them her concern that at this point the current ROM board is not necessarily in compliance with the BCC's direction to fill the remaining spots on the board. The Commissioner expressed clarification from the Board on how important that is might be helpful in her conversations with some of the ROM board members.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated July 20, 2020, to “Current Property Owner,” from Wesley McKee, Construction Manager, Nation Development & Construction, re: Proposed Conditional Use Application for property located at 650 E. Airport Boulevard, the Action Church.
2. Letter dated July 23, 2020, to the Seminole County Board of County Commissioners, from David Bernhardt, Secretary of the U.S. Department of the Interior, re: Task Force to provide the U.S. President with recommendations for the location of a future National Garden of American Heroes.
3. Letter dated July 27, 2020, from Traci Houchin, City Clerk, City of Sanford, to The Honorable Jay Zembower re: Notice of Public Hearing for proposed Ordinance No. 2020-4558 in connection with annexing property between Airport Boulevard East and Marquette Avenue and between Red Cleveland Boulevard and Ohio Avenue.
4. Letter dated July 30, 2020, to the Honorable David Bernhardt, Secretary of the U.S. Department of the Interior, from Chairman Jay Zembower re: Request for consideration for Seminole County to serve as the location for the National Garden of American heroes.
5. Letter dated August 4, 2020, from Traci Houchin, City Clerk, City of Sanford, to the Board of County Commissioners re: Notice of Public Hearing for proposed Ordinance No. 2020-4560 in connection with annexing property between First Drive and Terry Lane and between Burrows Lane and Scott Drive.
6. Letter dated August 4, 2020, from Traci Houchin, City Clerk, City of Sanford, to the Board of County Commissioners re: Notice of Public Hearing for proposed Ordinance No. 2020-4561 in connection with annexing property between Historic Goldsboro Boulevard and Harrison Street and between Dixie Way and Airport Boulevard.
7. Letter dated August 10, 2020, from Brian A. Walsh, President and CEO, the Collage Companies, to Commissioner Jay Zembower re: Protest of Seminole County’s intent to award contract for RFP in connection with the Juvenile Assessment Center addition to the Juvenile Detention Center.
8. Letter dated August 11, 2020, to the Honorable Marco Rubio, U.S. Senate, from Chairman Jay Zembower re: Aid for State and Local Governments in connection with the next COVID-19 relief package, the HEALS Act (Health, Economic Assistance, Liability, and Schools Act).
9. Letter dated August 11, 2020, to the Honorable Rick Scott, U.S. Senate, from Chairman Jay Zembower re: Aid for State and Local Governments in connection with the next COVID-19 relief package, the HEALS Act (Health, Economic Assistance, Liability, and Schools Act).
10. Letter dated August 11, 2020, to the Honorable Stephanie Murphy, U.S. House of Representatives, from Chairman Jay Zembower re: Aid for State and Local Governments in connection with the next COVID-19 relief package, the HEALS Act (Health, Economic Assistance, Liability, and Schools Act).
11. Letter dated July 27, 2020, from Chris Bowley, Community Development Director, City of Casselberry, to the Honorable Jay Zembower re: Notice of Public Hearing for proposed Ordinance No. 2020-1535 in connection with the voluntary annexation of 3110 Howell Branch Road and 3128 Orava Lane.
12. Letter dated August 14, 2020, to Mr. O’Connor of O’Connor & O’Connor, LLC, from Chairman Jay Zembower re: Thanking him for his assistance in removing the copiers from Rescue Outreach Mission’s offices.
ITEMS FOR FUTURE AGENDA
Chris Lilly, 1311 Fountain Hills Court, addressed the Board to request a refund of the $1,000 application fee for the appeal process from the Board of Adjustment meeting on July 27th as he feel like he was wasn't given due process. Staff did their presentation; he, the applicant, was heard; those in opposition were heard; but he was not given his chance for a rebuttal and they skipped right past it. He tried to ask if he could give a rebuttal, and the chairman said no and they moved on past that. In talking with different people in Planning, he was advised the best process is to follow the appeal process and pay the fee and then come to this BCC meeting and ask the Board to refund the application fee.
Chairman Zembower inquired of Mr. Applegate if the refund should be done at the time of the actual appeal or does it matter. Mr. Applegate advised it can be done now. Ms. Guillet explained it was staff's recommendation that Mr. Lilly ask for that now instead of at the time of the appeal because he may decide that he doesn't want to appeal and staff will have already done all of the work.
Motion by Chairman Zembower, seconded by Commissioner Dallari, to refund the $1,000 Board of Adjustment appeal process fee for BV2020-40, 1311 Fountain Hills Court; Chris Lilly, Applicant.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Lockhart suggested they should allow the County Manager or the County Attorney determine if someone can appeal without having to pay the fee. Chairman Zembower requested the County Attorney's Office work with the County Manager's Office to facilitate whatever language they can to circumvent the process of making a citizen go through this whole process. It would be advantageous for the public if there was some latitude or some method that if it was an obvious and blatant situation that they should have the authority to make that decision. Mr. Applegate responded they will work up language to bring before the Board for adoption.
Joseph Humphreys, 883 Cardinal Point Cove, stated he had a concern about the vote and a question about the ex parte for Item #53, Novel Parkway. Chairman Zembower advised him he is entitled to only one discussion per item on the agenda and he could contact the County Manager's Office to address any of his questions.
Rosemarie Coletti, 1316 Fountain Hills Court, spoke in opposition to waiving the $1,000 appeal process fee for Mr. Lilly. Chairman Zembower advised her the Board made a decision to waive the fee, Mr. Lilly is entitled to his appeal, and the appeal process must be followed. He suggested she speak with staff to see if there are other options available to voice her opinion about the appeal and how the appeal process works.
Listing of Speakers and Final Registrants received and filed.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 6:54 p.m., this same date.