BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
October 27, 2020
The following is a non-verbatim
transcript of the BOARD OF COUNTY
COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held both in person and
virtually, via Communications Media Technology (CMT) made permissible pursuant
to the Governor’s Executive Orders, at 9:30 a.m., on Tuesday, October 27, 2020,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD, FLORIDA,
the usual place of meeting of said Board.
Attending
in person:
Chairman Jay
Zembower (District 2)
Vice Chairman Lee Constantine (District 3)
Commissioner
Robert Dallari (District 1)
Commissioner
Amy Lockhart (District 4)
County Manager
Nicole Guillet
County Attorney Bryant Applegate
Clerk of Court and Comptroller Grant Maloy
Attending remotely:
Commissioner
Brenda Carey (District 5)
Deputy
Clerks Kyla Farrell, Terri Porter, and Chariti Colon
OPENING CEREMONIES
Pastor
Preston Free, First Christian Church, Winter Park, gave the invocation. Commissioner Dallari
led
the Pledge of Allegiance.
EMERGENCY
MANAGEMENT UPDATE
Alan
Harris, Office of Emergency Management, addressed the Board to report on the
emergency management response to flooding and the COVID-19 pandemic.
Commissioner
Lockhart stated they have previously talked about benchmarks and metrics and
creating some type of color-coding system.
The Commissioners received a copy of the White House Coronavirus Task
Force Report, which contains benchmarks, metrics, and thresholds in a
color-coded system. Rather than
reinventing the wheel, she would like to have a discussion
about adopting what is already being used by the feds in order to
provide information when citizens ask what the benchmarks or thresholds
are. Chairman Zembower
suggested having a discussion with Donna Walsh, Florida Department of Health,
and Dr. Husty, Seminole County Medical Director, to
look at the White House guidelines and help the Board decide if that's
something that should be adopted. No objections were voiced. The Chairman directed staff to reach out to
them and coordinate a briefing, and Ms. Guillet added
they will also include the hospitals.
CARES
ACT UPDATE
County Manager Nicole Guillet
presented the CARES Act Update (presentation received and filed). Ms. Guillet
requested the Board approve the allocations included in the presentation today
and also authorize pursuit of the administrative accommodation consistent with
the principles included in the report.
Motion by
Commissioner Dallari, seconded by Commissioner
Lockhart, to approve the County Manager’s request for administrative action and
to also include the five points to keep the CARES Act funding whole.
Districts 1, 2, 3, 4, and 5 voted AYE.
AWARDS
AND PRESENTATIONS
Agenda Item #1 – 2020-XXXX
The 2020
Fire Marshal of the Year Award was presented to Christina Diaz, Seminole County
Fire Marshal, by Jon Pasqualone, Executive Director
of the Florida Fire Marshals and Inspectors Association, and David Woodside,
President of the Florida Fire Marshals and Inspectors Association.
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Agenda Item #2 – 2020-2348
Motion by
Commissioner Lockhart, seconded by Commissioner Dallari,
to adopt a Proclamation recognizing Lisa M. Holder, Petty Officer 3, United
States Navy, as the April Veteran of the Month.
Districts 1, 2, 3, 4,
and 5 voted AYE.
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Agenda Item #3 – 2020-2347
Motion by Commissioner
Constantine, seconded by Commissioner Lockhart, to approve and authorize the
Chairman to execute appropriate Resolution #2020-R-113 honoring the
contributions of Robert “Ed” Burford in Seminole County, Florida.
Districts 1, 2, 3, 4,
and 5 voted AYE.
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Agenda Item #4 – 2020-2351
Susan Forbes, Senior
Vice President of OneBlood, addressed the Board to
discuss the challenges of receiving blood donations during the pandemic. She commended Ashely Moore, Community
Relations Officer, and staff for their partnership in scheduling blood drives. She presented the Board with a plaque of
appreciation.
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Chairman Zembower recessed the meeting at 10:43 a.m., reconvening at
10:55 a.m.
CONSENT AGENDA
County Manager Nicole Guillet announced staff is pulling Agenda Item #20, Homelessness
Partnership Agreements with Homeless Services Network of Central Florida, Inc.;
Pathway Homes of Florida, Inc.; and Healthcare Center for the Homeless, Inc.,
which will be brought back after reformatting some of the exhibits; Item #26, plat
for the Eastgrove subdivision, which is being
postponed at the request of the Applicant who could not be in attendance; and Item
#51, a Resolution approving revisions to the Seminole County Purchasing
Administrative Code, Section 3 – County Administration, Section 3.55 –
Purchasing Policy, which will be brought back at the next meeting.
With regard
to public participation, Emory Green, Jr. of Midway Coalition, stated he wanted
to speak in regards to Item #26, plat for the Eastgrove
subdivision, which was pulled by staff, but he will come back to comment when
it is on the agenda again. Chairman Zembower directed staff to reach out to Midway Coalition
about any concerns they may have. Mr.
Green advised the Midway-Canaan Community is celebrating their 100-year anniversary. He provided a brief description of the
establishment and history of the community.
Mr. Green announced the Midway Community Day 5k will be held on November
14, 2020.
Commissioner
Dallari requested a Resolution at the next meeting to
present to the Midway Coalition at their 5k event. No
objections were voiced.
No one else
spoke in support or opposition to the Consent Agenda, and public input was
closed.
Commissioner Dallari
requested Agenda Item #60, Ranking List for PS-3214-20/RTB, Rolling Hills Area
Roadway Improvements, be pulled for a separate discussion.
Commissioner Constantine requested Agenda
Item #5, Proclamation honoring Raymond Cassagnol and
John Henry Chaney, be pulled for a separate discussion.
Motion by Commissioner Dallari,
seconded by Commissioner Lockhart, to approve the following:
Business
Office
5. Pulled for a separate discussion.
6. Approve and authorize the Chairman to
execute appropriate Resolution #2020-R-114 recognizing Jack Hollman, Industrial
Pretreatment Inspector, Environmental Services Department, for 18 years of
service to Seminole County Government and its citizens. (2020-2349)
7. Approve and authorize the Chairman to
execute appropriate Resolution #2020-R-115 recognizing Debra K. Meinert, Utilities Operations Division, Environmental
Services Department, for 35 years of service to Seminole County Government and
its citizens. (2020-1955)
8. Approve and authorize the Chairman to
execute Funding Agreements between Seminole County and not-for-profit agencies
as follows: Alzheimer’s & Dementia
Resource Center; Friends of Children and Families, Inc.; Central Florida Family
Health Center – True Health; and Rescue Outreach Mission. (2020-XXXX)
Community Services
Business Office
9. Approve and authorize the Chairman to
execute an Agreement with Aspire Health Partners, Inc., which provides
comprehensive mental health services to residents of Seminole County with an
annual contracted amount of $183,000.
(2020-2301)
10. Approve and authorize the Chairman to
execute the Transportation Program Agreement with Aspire Health Partners, Inc.
in the amount of $25,000 to help transport uninsured Seminole County residents
for mental health services. (2020-2316)
11. Authorize the County Manager to execute Florida
Housing Finance Corporation (FHFC) Local Government Verification of
Contribution - Grant Form for Seminole County Housing Authority’s Application
for Low-Income Housing Tax Credits to develop “Villas at Academy Place”; and
approve the commitment of HOME funds in an amount not to exceed $460,000. (2020-2328)
12. Approve and accept the Neighborhood
Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution
No. 2013-R-61, and the HOME Program Activity Report, pursuant to Seminole
County Resolution No 2015-R-51 for the months of July, August, and September
2020. (2020-2331)
13. Approve and authorize the Chairman to
execute the Medical System of Care Agreement with the Health Council of East
Central Florida, Inc. in the amount of $132,000, which provides outpatient
medical health treatment services to uninsured and underinsured residents of
Seminole County for either free or at a reduced-cost basis. (2020-2321)
14. Approve and authorize the Chairman to
execute the Child Protection Team Services Agreement with Kids House of
Seminole, Inc. for the provision of medical examinations by the Seminole
County’s Child Protection Team designated by DCF. (2020-XXXX)
15. Approve and authorize the Chairman to
execute the Contract between Seminole County and the State of Florida
Department of Health for Operation of the Seminole County Health Department,
Contract Year 2020-2021, in an amount not to exceed $807,970. (2020-2284)
16. Approve and authorize the Chairman to
execute the Department of Health in Seminole County Integrated System of Care
Agreement for FY 2020-2021 in the amount of $100,000 to extend services to
impoverished communities in Seminole County.
(2020-2295)
17. Approve and authorize the Chairman to
execute the Florida Department of Health in Seminole County Health Services
Agreement for FY 2020-2021 in the amount of $60,000 to provide health care
programs and services to homeless, uninsured, and underinsured residents of
Seminole County. (2020-2296)
18. Approve and authorize the Chairman to
execute the Seminole County Housing Authority Tenant Base Rental Assistance
(TBRA) Agreement in the amount of $437,500 for the Seminole County Housing
Authority to administer the TBRA Elderly/Disabled program. (2020-2299)
Community Assistance
19. Approve and authorize the Chairman to
execute the Continuum of Care Program Grant Agreement from the U.S. Department
of Housing and Urban Development (HUD) for the CoC/Shelter
Plus Care Grant Program in the amount of $563,711 for the continuation of
services to the chronically homeless in Seminole County. (2020-2300)
20. Pulled from the agenda the request to approve and authorize
the Chairman to execute (3) Homelessness Partnership Agreements in the total
amount of $143,755 for continued support of the chronically homeless population
with Homeless Services Network of Central Florida, Inc.; Pathway Homes of
Florida, Inc.; and Healthcare Center for the Homeless, Inc. (2020-XXXX)
21. Approve and authorize the Chairman to
execute the Community Services Funding Agreement for FY 2020-2021, in the
amount of $44,000 with the Homeless Services Network of Central Florida, Inc.,
for the continuation of advocacy services for the homeless population in
Central Florida. (2020-2312)
22. Approve and authorize the Chairman to
execute the ESG-CV Subrecipient Agreement for Program Year 2020-2022, in the
amount of $250,000 with Embrace Families Solutions, Inc., for rapid rehousing,
to serve homeless families residing in local shelters with homeless prevention
services. (2020-XXXX)
23. Approve and authorize the Chairman to
execute the Homelessness Partnership Agreement for FY 2020-2021, in the amount of
$152,420 with Aspire Health Partners, Inc., to continue providing outreach,
engagement, and assessments while maintaining housing stability case management
services for the Seminole County chronically homeless population. (2020-2311)
24. Approve and authorize the Chairman to
execute Modification Number Six of the Federally-Funded Subgrant Agreement
between the Florida Department of Economic Opportunity for FY 2017 Community
Services Block Grant (CSBG) Program and Seminole County, Florida. (2020-2344)
Development Services
Planning and Development
25. Authorize the Chairman to execute a
Satisfaction of Lien in the amount of $1,136.57 associated with the property
located at 332 Remington Drive, Oviedo, FL
32765; filed against Wargo Investors, LLC. (2020-2279)
26. Pulled from the agenda the request to approve the plat for the
Eastgrove subdivision containing 102 lots on 27.52
acres zoned PD (Planned Development), located on the east side of Sipes Avenue,
north of Hughey Street; Elite Trust and Escrow Co., LLC, Applicant. (2020-2278)
27. Approve and authorize the Chairman to
execute Ordinance #2020-26, an Addendum to the original Rezone Ordinance
(#2019-37) for the Rolling Hills Park Rezone. The addendum will allow for the boundary
survey associated with the legal description that was part of the original
ordinance to be attached in order to clarify any discrepancies in the legal
description. (2020-2282)
28. Authorize the release of Performance Bond
#SU1146020 for Water & Sewer in the amount of $98,191.72; and Performance
Bond #SU1146021 for Roads, Streets, and Drainage, in the amount of $908,038.44
for the Somerset at Sanford Farms Subdivision; D.R Horton, Inc., Applicant. (2020-2292)
29. Approve and authorize the Chairman to
execute the FY 2020-2021 Service Funding Agreement by and between Seminole
County, Florida, and Central Florida Regional Transportation Authority in the
amount of $8,686,362. (2020-XXXX)
Environmental Services
Business Office
30. Authorize the release of Maintenance Bond
#60126197 with Rider (Water & Sewer) in the amount of $24,976.13 for the
Clifton Park Phase 2 Subdivision; and Maintenance Bond #1070677 (Water &
Sewer) in the amount of $5,900 for the Station at Alafaya. (2020-2276)
Leisure Services
Business Office
31. Approve and authorize the Chairman to
execute a Funding Agreement with Ritz Community Theater Projects, Inc. d/b/a
Wayne Densch Performing Arts Center in the amount of
$50,000, for FY 2020-2021. (2020-2337)
32. Approve and authorize the Chairman to
execute an Arts Funding Agreement with the Seminole Cultural Arts Council,
Inc., in the amount of $50,000 for FY 2020-2021. (2020-2338)
Greenways and Natural Lands
33. Approve and authorize the Chairman to
execute Seminole County Natural Lands Program, Resident Caretaker Lease Agreement,
County Supplied Residence, with Zach Fahnestock, for
the Chuluota Wilderness Area for a three-year term, with a rental rate of $350
monthly. (2020-2287)
Public Works
Engineering
34. Approve and authorize the Chairman to
execute the Seminole County/MetroPlan Orlando (Urban
Area Metropolitan Planning Organization) FY 2020-2021 Funding Agreement in the
amount of $183,087. (2020-2260)
35. Approve and authorize the Chairman to
execute appropriate Resolution #2020-R-116 accepting two (2) Quit Claim Deeds
donated by Paul V. Mellini, as Successor Trustee of
the Jeno F. Paulucci
Revocable Trust and the Lois Mai Paulucci Revocable
Trust, and by Heathrow Land and Development Corporation, to Seminole County
related to a portion of an abandoned Seaboard Coastline Railroad as part of the
Seminole Wekiva Trail. (2020-2180)
36. Approve and authorize the Chairman to
execute a Purchase Agreement in the amount of $1,800.00 between Rupert Davis
and Vivienne Davis (owners) and Seminole County for a Permanent Sidewalk
Easement (221.1 ± SF) necessary for the construction and maintenance of a
sidewalk along a portion of Longwood Hills Road. (2020-2323)
37. Approve and authorize the Chairman to
execute the Purchase Agreement in the amount of $58,200 between property owner,
Donald A. Philpitt, Successor Trustee of the Irene S.
Philpitt Revocable Trust Agreement dated November 25,
1996, and Seminole County for property necessary for the construction and
maintenance of a sidewalk along a portion of Longwood Hills Road. (2020-2324)
38. Approve and authorize the Chairman to
execute the St. Johns River Water Management District (SJRWMD)/Seminole County
Monitoring Well Easement Agreement (Osceola Road Landfill), effective from the
date it is fully executed and continuing for 30 years. (2020-2325)
39. Approve and authorize the Chairman to
execute a Purchase Agreement in the amount of $9,000 between Maria Godinho, Anselmo M. Godinho, and
Nancy G. Ferreira, as Co-Trustees of The Manuel Santos Godinho
Revocable Trust under Agreement dated December 27, 1999; also Maria Godinho, Anselmo M. Godinho, and
Nancy G. Ferreira, as Co-Trustees of The Maria Godinho
Revocable Trust under Agreement dated December 27, 1999; also Maria Godinho, an unmarried woman; Anselmo M. Godinho,
a married man; and Nancy G. Ferreira, a married woman, individually (owners);
and Seminole County for property necessary for the construction and maintenance
of a sidewalk along a portion of Longwood Hills Road. (2020-2326)
40. Approve and authorize the Chairman to
execute a Purchase Agreement Permanent Easement in the amount of $18,750
between The Pentecostal Church of God, Inc. (owner) and Seminole County for a
permanent drainage easement necessary for the construction and maintenance of a
stormwater retention pond and its outfall located on the north side of Hillview
Drive, approximately 500 +/- feet east of Mathews Road. (2020-2332)
41. Approve and authorize the Chairman to
execute a Purchase Agreement related to Parcel #112 for early acquisition of
property needed for the Orange Boulevard Improvement Project (731 ± SF) between
Brian Willcox and Kimberly Willcox and Seminole County for $6,000, as full
settlement of all attorney’s fees and other claim for compensation from which
Seminole County might be obligated to pay relating to the parcel. (2020-2333)
42. Approve and authorize the Chairman to
execute a Purchase Agreement related to Parcel #113 for early acquisition of
property needed for the Orange Boulevard Improvement Project (763 ± SF) between
Richard Hammerl and Patricia L. Krieger and Seminole
County for $7,000, as full settlement of all attorney’s fees and other claim
for compensation from which Seminole County might be obligated to pay relating
to the parcel. (2020-2334)
43. Approve and authorize the Chairman to
execute a Quiet Zone Application and Letters of Intent notifying the City of
Sanford, City of Lake Mary, City of Altamonte Springs, City of Longwood, CSX,
Amtrak, SunRail, Florida Department of Transportation
(FDOT), and the Federal Railroad Administration of the County’s intent to
establish a Quiet Zone over the highway-railroad grade crossings. (2020-2315)
Facilities
44. Approve and authorize the Chairman to
execute the First Amendment to Agreement between Seminole County and Breezeway
Restaurant and Bar, LLC for sharing of trash dumpster. (2020-2317)
Traffic Engineering
45. Approve and authorize the Chairman to
execute appropriate Resolution #2020-R-117 and a License Agreement between the
State of Florida Department of Transportation (FDOT) and Seminole County for
the sharing of Real Time Traffic System Data.
(2020-2314)
46. Approve and authorize the Chairman to
execute appropriate Resolution #2020-R-118 amending the Seminole County
Administrative Code by creating Section 34.35, Traffic Calming Devices, to
control vehicle speeds on Seminole County roadways. (2020-2230)
Resource Management
Budget
47. Approve and authorize the Chairman to
execute appropriate Resolution #2020-R-119 implementing Budget Amendment
Request (BAR) #21-005 through the General Fund for the Northwest Library
parking lot expansion capital project in the amount of $277,228. (2020-2340)
48. Approve and authorize the Chairman to
execute appropriate Resolution #2020-R-12 implementing the Budget Amendment
Request (BAR) #21-007 through the Fire Protection Fund to appropriate budget of
$244,888 from reserves for the purchase of a quint style engine at a total cost
of $844,888. (2020-2343)
49. Approve and authorize the Chairman to
execute appropriate Resolution #2020-R-121 authorizing the issuance of a line
of credit not to exceed $75,000,000; the associated Loan Agreement; and
appropriate Resolution #2020-R-122 implementing Budget Amendment Request (BAR)
#21-002 through the Five Points Development Fund to establish interim funding
and project budgets for the Five Points Development Project; associated Capital
Improvement Note Anticipation Note, Series 2020 - Closing Documents. (2020-XXXX)
Purchasing & Contracts
50. Approve the ranking list and execute an
Agreement for DB-2551-19/RTB, Design Build Services for the Seminole County
Five Points Justice Center Annex, Parking Deck and Central Chiller Plant; and
Underground Utility Master Plan, with Wharton-Smith, Inc., Construction Group
as the #1 ranked proposer for the Guaranteed Maximum Price (GMP) of
$65,625,000, and a completion time of eight hundred fifty-six (856) calendar
days. (2020-2339)
51. Pulled from the agenda the request to approve and authorize
the Chairman to execute a Resolution approving revisions
to the Seminole County Purchasing Administrative Code, Section 3 – County
Administration, Section 3.55 – Purchasing Policy, to reflect changes in the operational
procedures and policies related to Procurement.
(2020-2281)
52. Award RFP-603881-20/CAR, Term Contract
for Processing and Marketing of Recyclable Materials, to Waste Management Inc.
of Florida, Pompano Beach; and authorize the Purchasing & Contracts
Division to execute the Agreement.
Estimated annual cost of the agreement is $660,000. (2020-2329)
53. Award IFB-603824-20/CAR, Term Contract
for O&M for Landfill Systems to (Primary) Eclipse Construction Company,
Lakeland; and (Secondary) Sullivan Environmental Inc., St. Petersburg; and
authorize the Purchasing & Contracts Division to execute the
Agreements. Estimated annual usage of
the agreements is $750,000. (2020-2322)
54. Award IFB-603903-20/CAR, Term Contract
for Road Materials for Seminole County Landfill, to Dixie Lime and Stone
Company, Ocala; and Gel LLC, Orange City; and authorize the Purchasing &
Contracts Division to execute the Agreements.
Estimated annual cost of the agreements is $250,000. (2020-2304)
55. Approve Amendment #1 to Work Order #17 -
Osceola Road Landfill Scale House and Entrance Road Improvements under
PS-1832-18/AEJ, Continuing Construction Engineering and Inspection Services for
Construction Projects less than $2,000,000, with CDM Smith, Inc., Maitland, in
the amount of $23,787.08; and authorize the Purchasing & Contracts Division
to execute the Work Order Amendment.
(2020-2319)
56. Approve Work Order #27 for Highland Pines
Utility Upgrades under PS-1822-18/TAD, Continuing Engineering Services for Utilities
Improvements Projects, with AECOM Technical Services, Inc., Orlando, in the
amount of $258,286.99; approve and authorize the Chairman to execute
appropriate Resolution #2020-R-124 implementing Budget Amendment Request (BAR)
#21-003 revalidating $300,000 in CIP funding within the Water and Sewer Capital
Fund to provide for funding for Highland Pines water and sewer upgrades; and
authorize the Purchasing & Contracts Division to execute the Work Order. (2020-2320)
57. Approve Work Order #26 for Seminole
County Septic Tank Remediation Plan Feasibility Analysis under PS-1822-18/TAD,
Continuing Engineering Services for Utilities Improvements, with Reiss
Engineering, Inc., Winter Springs, in the amount of $344,006.47; and authorize
the Purchasing & Contracts Division to execute the Work Order. (2020-2342)
58. Waive the procurement process and
authorize Sole Source Procurement SS-603988-20/TLR, Purchase of Honeywell Brand
Fire Helmets from the Dealer on Record; and authorize the Purchasing &
Contracts Division to issue Purchase Orders on an as needed basis. The estimated annual usage will vary based on
new hires, promotions, and replacements.
(2020-2288)
59. Approve Amendment #3 to Work Order #3,
17-92 Overpass Stairwells, under PS-0426-18/AEH-Miscellaneous Engineering
Services for Trails Projects with Horizon Engineering Services, Inc., Maitland
in the amount of $75,453.64; and authorize the Purchasing & Contracts
Division to execute the Work Order Amendment.
(2020-2289)
60. Pulled for a separate discussion.
61. Approve the ranking list and authorize
staff to negotiate rates in accordance with Section 287.055, Florida Statutes,
the Consultants Competitive Negotiation Act, and authorize the Purchasing &
Contracts Division to execute three (3) Agreements for
PS-3253-20/RTB-Miscellaneous Engineering Services for Trail Projects. Estimated Annual Usage of the agreements is
$500,000. (2020-2327)
62. Award IFB-603900-20/TLR, Term Contract
for Facilities Disinfecting Services, to J. Dalton Enterprises, Inc. d/b/a
Servpro of North Seminole County, Sanford; and authorize the Purchasing &
Contracts Division to execute the Agreement.
Estimated annual usage for these services is $100,000. (2020-2249)
Risk Management
63. Approve the proposed negotiated
settlement of a workers’ compensation claim by a former Firefighter related to
an open 2012 presumptive heart disease claim (Claim #538590) for the total
amount of $150,000, inclusive of attorney’s fees. (2020-2330)
MSBU
64. Approve and authorize the Chairman to
execute (3) Satisfaction of Liens for the Rolling Hills Environmental
Remediation MSBU non-ad valorem capital assessments that have been paid in full;
Beverly Robinson, Debra Garaffa, and Barbara Maddox
Living Trust. (2020-2350)
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Consent
Agenda Item #5 – 2020-2345
Commissioner
Constantine stated he thought it was important to individually recognize and
thank Mr. Cassagnol and Mr. Chaney for their service.
Motion by Commissioner Constantine,
seconded by Chairman Zembower, to approve the
Proclamation proclaiming October 27, 2020, as the day to honor two Seminole
County Centenarians who fought in World War II, Raymond Cassagnol
and John Henry Chaney. (2020-2345)
Districts 1,
2, 3, 4, and 5 voted AYE.
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Consent
Agenda Item #60 – 2020-2290
Commissioner
Dallari stated this project goes hand in glove with
Rolling Hills and this is more than a road project. It is important to realize that there has
been a lot of public involvement. In
looking at the packet, he believes the ranking should be changed with HDR
Engineering being ranked as number one because of all of their community
involvement in the first phase of the project.
Motion by Commissioner Dallari,
seconded by Commissioner Lockhart, to approve the ranking list; authorize staff
to negotiate rates in accordance with Section 287.055, Florida Statutes, the
Consultants Competitive Negotiation Act; and authorize the Purchasing &
Contracts Division to execute an Agreement for PS-3214-20/RTB, Rolling Hills
Area Roadway Improvements. Estimated
Usage of the agreement is $2,500,000. Ranking list approved as follows: 1.) HDR Engineering, Inc.; 2.) Horizon
Engineering Group, Inc. (2020-2290)
Under
discussion, Chairman Zembower clarified with
Commissioner Dallari he means continuity of work that
has already been performed. Commissioner
Dallari added also continuity of the public input.
Joe Abel,
Deputy County Manager, advised he was on the evaluation committee which
consisted of five members. The ranking
is based on the point system of the group as a whole which
then comes to the Board who has the discretion to make adjustments. Mr. Abel noted he had personally ranked HDR
higher because they had the ongoing continuity of the public meetings and input
from the community, as well as some of the design aspects. However, his evaluation should not sway the
Board's decision. Chairman Zembower confirmed with Mr. Abel that HDR has done the
majority of the work out there. Mr. Abel
explained they were the firm involved in all of the initial data finding,
analysis, community input, everything up to this point.
Commissioner
Constantine stated he is in support of the motion because he thinks it is
important to keep the continuity and ensure that the group that has been
working with the citizens and has their confidence continues in the process.
Commissioner
Carey noted this is a master services agreement. She could go either way. The scores were one point away on all
three. She suggested awarding the two
and then doing work orders with the other three to spread the work around.
With regard
to public participation, Jerry Warren, Principal Owner of Horizon Engineering
Group, advised they have been following this project for quite some time. They are well aware of the community
involvement, and they take public participation extremely seriously. They have also talked with HDR. He noted this is a very important project not
just for the community but also his firm.
He would like to see if there could be some reconsideration.
No one else
spoke in support or opposition, and public input was closed.
Ms. Guillet clarified this is designated as a master services
agreement because the road is broken into six segments. From a staff standpoint, they would not
recommend breaking those segments up between consultants. Staff's recommendation to the Board is to
select just one consultant for the project.
Districts 1,
2, 3, 4, and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Clerk & Comptroller’s Office - Item #65
Motion
by Commissioner Dallari, seconded by Commissioner Lockhart,
to approve Expenditure Approval Lists dated September 9,
15, 22, 30, and October 6, 2020; Payroll Approval Lists dated September 3, 17,
and October 1, 2020; and BCC Official Minutes dated June 23, July 14, and July
28, 2020. (2020-2335)
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk & Comptroller’s “Received and Filed” Documents
1. Executive Orders #2020-041, #2020-042, #2020-043, #2020-044, #2020-045, and #2020-047 Extending the Declared Local State of Emergency due to COVID-19 (Coronavirus Pandemic); and #2020-046 Suspending Fines and Penalties Against Individuals Pertaining to Executive Order #2020-009 that Requires COVID-19 Positive Individuals to Abide by CDC Guidelines for Self-Quarantining and Executive Order #2020-30 that Requires the Use of Social Distancing and Facial Coverings.
2. FPSC Order PSC-2020-0322-PCO-WS issued September 21, 2020.
3. Letter to Charles Heffinger, Jr., P.E., from Commissioner Dallari dated September 24, 2020, re: reappointment of James Grzesik as Seminole County’s Representative to the SunRail Customer Advisory Committee.
4. Recapitulation Report from the Seminole County Tax Collector identifying errors, insolvencies, double-assessments, and discounts applicable to the 2019 Tax Roll.
5. Contract for Services with Lewis Sanchez, Ronald Delgado, and Jordan LeSage.
6. Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc., for the 2020 September 50s Division Tournament.
7. Tourist Tax Funding Agreement with Florida PGF, LLC, for the 2020 99% Fall Showcase.
8. Tourist Tax Funding Agreement with Suncoast Athletics Group, Incorporated for the 2020 Sunshine State Supernit.
9. Tourist Tax Funding Agreements with Perfect Game Youth Florida, Inc., for the 2020 Central Florida Kickoff and the 2020 Fall State Championship.
10. Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC, for the 2020 Elite Select.
11. Bill of Sale accepting the off-site water system for the project known as Woodsprings Suites at Sanford; WSS Sanford, LLC.
12. Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services for the project known as Smart Charging Technologies; KRNK, LLC.
13. Certificates of Costs of Abatement for Case #20-08900022, 606 Cherokee Circle, Marlene F. Cashat & Jose Aviles; and #20-089-00016, 332 Remington Drive, Wargo Investors, LLC.
14. Notice of Partial Exception to Surveyor’s Note 7 of the Riverside Reserve, Plat Book 85, Page 18, Public Records of Seminole County, Florida; Riverside Reserve Development, LLC; We Do Development, LLC; and NVR, Inc.
15. Denial Development Order #20-30000051, 5582 Ligustrum Loop, Marcia Thompson.
16. Approval Development Orders #20-30000048, 4293 Looking Glass Place, Jennifer Beecher; #20-30000053, 4230 Orange Avenue, Michael and Julie Murphy; #20-30000055, 2040 White Pelican Terrace, Danilo and Ashley Silva; #20-30000057, 7261 Lake Drive, William and Lorenna Siegrist; #20-30000059, 1827 Briarcliff Road, Rick Marciano and Alinda Ramos; #20-30000049, 1660 Carlton Street, Robert and Tiffany Beres; #20-30000050, 1592 Lake Markham Road, Brian Schuette; #20-30000052, Lot 10 – Block 3 Jessamy Street, Fabio Marroccoli and Jennifer Diaz; #20-30000054, 5888 Pine Grove Run, Brad and Linda Cluxton; #20-30000058, 750 Preble Avenue, Lawrence Richard, Jr.; #20-32000004, Walden Community School Multi-Purpose Building, Ori, LLC; #20-30000069, 3861 French Avenue, Habitat for Humanity of Seminole; #20-30000033, 2750 Lake Howell Lane, Samuel Rivera; #20-30000034, 1183 Groveland Drive, Victor and Nina Gutierrez; #20-30000035, 2079 Laurelwood Way, Carl and Kelly Cook; #20-30000036, 3983 Silverstream Terrace, Luke and Samantha Adams; #20-30000038, 203 Dalton Drive, Theresa Martini; #20-30000039, 350 Valley Stream Drive, Joel and Bree Goldstein; #20-30000041, 1104 Bella Vista Circle, Amit and Adity Gandhi; #20-30000042, 5542 Justine Way, Jerry Ludlum; #20-30000043, 2715 Estuary Loop, Keith and Allison Brazendale; #20-30000044, 134 Heather Hill, Jared Reynolds; #20-30000045, 1457 Via Sangro Place, John and Barb Byrne; and #20-30000046, 762 Rosalie Way, Michael Bowman.
17. Addendum #2 to Developer’s Commitment Agreement #20-20500018 and Addendum #3 to Development Order #20-20500018 for the project known as Integra Crossings; PRM Crossings/Lake Mary Owner, LLC.
18. Developer’s Commitment Agreement #20-20500011 and Drainage Easement for the project known as Public Storage; Storage Trust Properties, L.P.
19. Cash Maintenance Bond for Water and Sewer Improvements in the amount of $2371.10 and Maintenance and Escrow Agreement for the project known as Woodsprings Suites at Sanford.
20. Maintenance Bond #41K234558 for Right-Of-Way Utilization Permit (Streets, Curbs, Storm Drains) in the amount of $7,372.50 for the project known as Sausalito Shores Wall Replacement.
21. Maintenance Bond #800048021 (Streets, Curbs, Storm Drains) in the amount of $31,163.70 for the project known as Jefferson Lake Howell Apartments.
22. Maintenance Bond #024244150 (Streets, Curbs, Storm Drains) in the amount of $13,571.83 for the project known as Landings at Riverbend Phase 1 (also known as 2305 Beardall Avenue).
23. Amendment #4 to Work Order #37 to PS-0009-15 with Inwood Consulting Engineers, Inc.
24. Amendment #2 to Work Order #63 to PS-0009-15 with Metric Engineering.
25. Amendment #3 to Work Order #7 to PS-0121-17 with DRMP, Inc.
26. Amendment #2 to Work Order #4 and Amendment #1 to Work Order #5 to PS-0121-15 with Singhofen & Associates, Inc.
27. Work Order #35 to RFP-1294-17 with Dager Construction, Inc.
28. Change Order #1 to Work Order #32 to RFP-1294-17 with M&J Enterprises International, Inc.
29. Work Order #34 to RFP-1294-17 with Pat Lynch Construction, LLC.
30. Work Order #25 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
31. Change Order #2 to Work Order #4 to CC-1391-17 with P&S Paving, Inc.
32. Change Order #1 to Work Order #10 to CC-1391-17 with Ryan Fitzgerald Construction, Inc.
33. Amendment #2 and Amendment #3 to Work Order #2 to PS-1405-17 with Johnson Mirmiran & Thompson, Inc.
34. Work Order #13 to PS-1474-17 with S2L, Inc.
35. Amendment #1 to Work Order #9 to PS-1522-17 with Tierra, Inc.
36. Amendment #1 to Work Order #9 to PS-1709 with Wood Environmental & Infrastructure Solutions, Inc.
37. Work Order #25 to PS-1822-18 with CPH, Inc.
38. Work Order #28 to PS-1822-18 with AECOM Technical Services, Inc.
39. Work Order #38 and Amendment #3 to Work Order #2 to PS-1832-18 with CDM Smith, Inc.
40. Amendment #3 to Work Order #1 to PS-1832-18 with Tierra, Inc.
41. Work Order #2 to PS-2101-18 with HDR Engineering, Inc.
42. Amendment #4 to Work Order #1 to PS-2225-19 with Atkins North America, Inc.
43. Change Order #5 to CC-2352-19 with COMANCO Construction Corporation.
44. Change Order #1 to CC-2418-19 with Zabatt Power Systems, Inc.
45. Amendment #1 to Work Order #6 to PS-2468-19 with CPH, Inc.
46. Change Order #4 to CC-2601-19 with Black Street Enterprises, LLC.
47. Change Order #1 to CC-2688-19 with Condor Construction Corp.
48. Closeout to CC-2715-19 with Carr & Collier, Inc.
49. Work Order #2 to PS-2717-19 with Project Management Advisors, Inc.
50. Change Order #2 to CC-2739-19 with US Veteran Contractors, LLC
51. Work Order #1 to PS-2872-20 with Ayres Associates, Inc.
52. Change Order #1 to CC-3036-20 with Advanced Commercial Contractors, Inc.
53. Change Order #1 to CC-3052-20 with Bearing Point Construction, Inc.
54. PS-3175-20 with Atkins North America, Inc.; Ranking List Approved by the BCC on August 25, 2020.
55. CC-3181-20 with Gomez Construction Co.
56. Amendment #5 to Work Order #1 to PS-7333-12 with CPH, Inc.
57. Amendment #7 to Work Order #3 to PS-8827-13 with Metric Engineering, Inc.
58. Seventh Amendment to RFP-600006-06 with Cato Environmental Services, Inc.
59. Fourth Amendment to IFB-600920-10 with Iron Mountain Information Management, LLC.
60. First Amendment to RFP-602840-17 with RFP-602840-17.
61. Third Amendment to RFP-602846-17 with Cato Environmental Services, Inc.
62. Second Amendment to RFP-603113-18 with Dean, Ringers, Morgan & Lawton, P.A.
63. First Amendment to IFB-603366-18 with Helena Agri-Enterprises, LLC d/b/a Helena Chemical Company.
64. First and Second Amendment to IFB-603366-18 with SiteOne Landscape Supply, LLC.
65. First Amendment to IFB-603800-20 with North America Fire Equipment Co., Inc.
66. RFP-603926-20 with Falck Southeast II Corp d/b/a American Ambulance.
67. BID-603931-20 with Caraway Concrete Construction, Inc.
68. Bids as follows:
IFB-603824-20 from Archaea Holdings, LLC; Eclipse Construction Company; Integrated Environmental Technology, LLC; Sullivan Environmental, Inc.;
RFP-603881-20 from Gel, LLC; Waste Management Inc. of Florida; Waste Pro Ocala MRF, LLC
RFQ-603968-20 from BSN Sports, LLC;
Pioneer Manufacturing Company; Pyramid School Products; Riddel;
The Sherwin Williams Co.; U.S. Specialty Coating;
RFP-603789-20 from Computer Power Systems, Inc.; Eau Gallie Electric, Inc; UP Systems of FL Corp.; and Greenway Electrical.
Sheriff’s Office
Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the following:
67. Approve appropriation from the Sheriff’s Office FY 2019-2020 General Fund Budget Closeout: (1) Carryforward of $2,674,000 in capital purchase commitments which were not completed as a result of challenges and delays in procurement from the COVID-19 crisis; (2) $1,600,000 to fund the Computer Aided Dispatch Modernization Project; and (3) $900,000 to fund the Communications Center Expansion and Update Project; and approve and authorize the Chairman to execute appropriate Resolution #2020-R-125 implementing Budget Amendment Request (BAR) #21-006 in the amount of $5,174,000 in the General Fund to establish budget. (2020-XXXX)
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Red Cleveland Appraisal Update
Ms. Guillet advised the appraisal for the two properties at Red
Cleveland and East Lake Mary Boulevard has been received and distributed (report
received and filed). As the Board
directed, staff asked that the appraisal be prepared in light of the highest
and best use for those properties. The
numbers came in quite high on both of them:
$2-plus million on Parcel A, and a little over $4 million on Parcel
B. When this was first discussed, the
Board indicated they wanted to get an appraisal with the expectation that they
would move forward and advertise for request for proposals instead of
bids. Anybody who would be submitting
for purchase on that property would have to also include a proposal to
accommodate the stormwater that's on those sites right now. Ms. Guillet added
she does not need an answer today. If
they are ready to give direction today, that's fine. If they want to digest it a little bit, they
can talk about it some more at the next meeting.
Chairman Zembower inquired what the pleasure of the Board was and
stated he would like some additional information on the benefits of the County
retaining it versus putting it on the market, and there was consensus of the Board to obtain more
information.
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Rosenwald Proposal Update
Ms. Guillet reminded there were presentations on proposals for
the redevelopment of the Rosenwald School site a couple of meetings ago, and
the Board elected not to move forward with any of those proposals and asked
staff to bring back an alternative approach based on the feedback from the
Board as a whole and individually. She
advised she distributed a summary of the feedback, both from that meeting and
individual conferences, as well as a recommended path forward (received and
filed). Based on the discussions both at
the meeting and individually, it appears that the Board is interested in
focusing a little more on the public service and community aspect of the
project. They also talked about other
community facilities in the area.
Staff's recommendation
based on the feedback is to regroup and prepare a Master Development Plan with
all of those facilities in mind and, as a starting point, use the East
Altamonte Study that was done in 2014 and the We Kare Plan that was done by the
community in 2010. They are recommending
the Board direct staff to work with Renaissance Planning Group, who did the
East Altamonte Study and is currently under a Master Services Agreement, to do
an actual Master Development Plan that takes into consideration all of the
community facilities as well as a community involvement element. She thinks there is still some opportunity
for partnership on the private side, but understanding really what the Board's
expectation is from a community facility standpoint and how those facilities
would be operated would be helpful for any private partner to provide a much
more realistic and feasible proposal for partnership. Staff has already reached out to Renaissance
to get some cost estimates. She stated
she is looking for some direction from the Board on that.
Commissioner
Carey suggested doing a long-term ground lease with a developer if there is
housing built. It would give the
developer time to have a return on the investment for building the facility;
but at the end of the ground lease, it would become property of the
County. It could then remain as
affordable housing.
Commissioner
Constantine stated he would like to make it a real estate deal, not a land
trust. He clarified his comments noted
on the summary that he believes they have to have an affordable housing
component with a senior housing component, some sort of after-school or Pre-K
component, a health department component, a law enforcement component, a
community room, and community involvement.
Commissioner
Lockhart noted in her conversations with the community, they're very passionate
that the intent of this property stays for the benefit mostly of the community,
understanding that there they be a possibility for a private sector component. The reality of the experience with the Lillie
H. Green Center and that partnership with another entity has left some folks in
the community leery of relying on an outside entity to provide those community
services. They feel much more confident
and comfortable having the County be responsible for pulling together the
partners and having control over the facility for the benefit of the
community. However, she doesn't think
that excludes the possibility of using part of the property for affordable
housing at all. She believes that
community is "battle weary" so she doesn't think that they, as a
county government and the owner of that property, can just walk away and allow
another entity to provide those services and trust that that will happen in the
way it should happen. Chairman Zembower suggested if they were to do a straight sale on
real estate, they could put covenants and restrictions on it to the point where
those entities would have to do those things the Board would hope they would
do.
Commissioner
Carey commented there are a lot of different ways to go about this. First, they need to figure out what services
are going to be provided and what buildings are going to provide them and how
much space that will take. They could
replat the property and plat a parcel for affordable housing, which they could
either sell off or maintain control of through County ownership with a ground
lease. She believes there needs to be
some pretty serious master planning, and then they figure out how to
accommodate the housing portion of it.
Commissioner
Dallari stated until they get Renaissance to do that
plan and bring the community back to engage, they need to make sure there's
more of an effort, beyond what the normal effort would be, for transparency and
to actually make sure the community is a part of the plan; and he would support
what staff is suggesting.
Chairman Zembower stated he would support doing further analysis on
that. He would also like to try to use
some modeling for other places throughout the county.
The Chairman
stated he thinks staff has direction on what the Board wants. No
objections were voiced.
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Deer Run/Wekiva Golf Course Update
Ms. Guillet reminded they talked a couple of meetings ago about
the potential of looking at the acquisition of the Deer Run and Wekiva Golf
Courses, and the Board asked staff to bring back a process, timeline, and
estimated cost. Commissioner Lockhart
had suggested they do a generic golf course acquisition procedure which could be
applied in case this issue came up again.
A team was put together, and they came up with an evaluation and
post-evaluation process with some estimated costs (received and filed). The actual costs will be driven by the
specific facts surrounding any potential acquisition. Today staff is looking for feedback,
direction on whether the Board wants to move forward and start looking at some
of these, or if they want more information.
Chairman Zembower clarified with Ms. Guillet
that they anticipate some of the activities on the timeline will run concurrently. The Chairman confirmed with Ms. Guillet staff believes that this guideline would be
utilized for other entities that could come up in the future. Ms. Guillet added
there will be adjustments based on the specific facts related to any particular
piece of property, but this is just generally the process that staff would
recommend. The team that created the
procedure consisted of Public Works, Environmental Services, Planning and
Development, and Parks & Recreation; and they talked about what things
would need to be considered. She
believes the team captured everything, but she can't promise something won't
come up in the future.
Commissioner
Carey commented with the current and future constraints on the budget, she
doesn't think the County should start down this slippery slope of golf course
purchases unless there's a very compelling reason. Rolling Hills was a very unique
situation. There are a lot of golf
courses in the county, a lot of them are in trouble, and there are a lot of
communities who are being negatively impacted by these activities. If they start down this road, she thinks they
are opening the door for everyone who has a golf course to come ask the County
for help. She thinks if they made a
private investment, they should figure it out in a private venture.
Commissioner
Lockhart wondered if it would it be appropriate for there to be some type of an
application process with a fee if somebody wanted their property evaluated for
purchase. She confirmed with Bryant
Applegate, County Attorney, that would be legal.
Chairman Zembower stated he is all for having a process, but there
has to be a benefit to the public and an interest to move forward with such an
item.
Commissioner
Dallari commented this is another unique
situation. He reminded they had a
briefing from staff back in May when Environmental Services was talking about
the State is going to be reducing the consumptive use permit for groundwater
and they have to go to alternate sources of water, which can be from the
ground, a river, a lake, or captured rain water. That's when they started talking about
capping the wells at Deer Run. They have
to start looking for groundwater way before they need it, and this is one
aspect of looking for groundwater. The
Commissioner thinks that alone would be a catalyst for looking at Deer
Run. They need to be planning for the
future of the county because water will be the next big commodity.
Ms. Guillet explained, according to the schedule, the things
that take the longest on the evaluation are the MSBU discussion and the
discussions with the Water Management District, which are not out-of-pocket
dollars. If the Board is comfortable
with the process, they might want to send staff forward to have the discussions
with the community and see if there's interest in being a partner in this. Staff would report back in a couple of
months, and the Board could then make the decision at that point in time if
they want to spend money on some of the things that would have to be contracted
out. The discussion last time was if
neighborhoods are not interested in being partners in this, then maybe it's not
as big a benefit to the community as thought.
Chairman Zembower stated he is okay with supporting that. He would like Parks staff to look at
utilizing a portion of the golf course for soccer fields because there is a
shortage in the county. Ms. Guillet advised if the interest of the Board is to use it
more as an active park, that needs to be communicated to the community. Commissioner Lockhart agreed that would bring
more traffic into the neighborhood, and they definitely need to communicate
that because that could change a lot of opinions one way or the other.
Commissioner
Carey noted there is a Master Plan for Parks and Recreation that isn't
completely funded for the things that have already been identified. She likes the idea of there being an
application with a fee. She inquired
what the status is of any private wells there that are permitted. If it isn't going to be a golf course
anymore, they could potentially purchase the wells and allow something else to
happen on the rest of the land. She
cautioned everybody about going down this path especially without the
developers or the golf course owners having any skin in the game. There should be some kind of application
process to at least do the initial coverage and see how the community feels
about it, because that also takes staff time.
Commissioner
Dallari recommended the next step should be talking
to the developer to see if they're willing to put their project in abeyance,
having a community meeting, and then reporting back to the Board to see what
the next step potentially could be.
Chairman Zembower stated he has no problem
supporting and moving forward to at least find out if the community interest is
real and if the community understands this would impact them financially. Commissioner Carey stated she would not agree
with asking the developer to put the project on hold because the MSBU process
is four to six months. If the developer
has entitlement, then the community knows what that entitlement is versus
another option. They could dual track.
The Chairman
inquired if staff understood the Board’s direction, and Ms. Guillet
responded no. The Chairman stated he
would support moving forward with the MSBU discussion with the community. He thinks they should be taking a look at it
and do as much as they can without expending the amount of dollars indicated in
the guidelines. The first step is what
is the number that the average citizen is going to be asked to pay as an MSBU
member.
Commissioner
Constantine stated he knows there has been an application for Deer Run. What they started here today was just a
timetable of the possibility of when they are generally looking at country
clubs and golf courses. He doesn't think
they are going from a generic discussion to a specific discussion. They have this process that staff has
provided. It's a reasonable process, and
he thinks they should just leave it at that right now. He doesn't think they should talk to the
developer right now about the possibility of anything. Commissioner Dallari
responded he thinks they need to bring the developer in because it's his
property. Ms. Guillet
added there have already been informal discussions.
Chairman Zembower inquired of the Board what they would like staff
to do. Mr. Applegate advised against
getting into any specifics today about the project. He agrees it's one thing to give staff
direction on what the County Manager has submitted, but he advises to not talk
about specifics on any golf course or development. Ms. Guillet stated
they have already talked about the potential of Deer Run and Wekiva at a prior
meeting, and she needs to know from the Board what they want staff to do with
respect to those two golf courses. Mr.
Applegate advised the Board they can give direction of yes or no. He just doesn't want them to talk about
specifics on development.
Commissioner
Dallari stated he is not talking specifics. Commissioner Constantine commented to look at
possibilities in general. Chairman Zembower added he would support that. Commissioner Carey stated she likes the
suggestion of an application and application fee. If staff is looking for the Board to approve
this generic process today that someone would go through, she thinks the clear
direction is, is the County going to do this for free or are they going to have
an application process. She would
support an application process with a healthy application fee. Commissioner Lockhart stated she is okay with
moving forward. She doesn't see any
reason to give staff direction to move forward with more informal conversation. She has no problem moving forward with a
process for anyone to submit an application of some
type to be determined with a fee or without a fee to formalize a process. She does not feel comfortable giving staff
direction to continue moving forward with something that hasn't been
formalized.
Commissioner
Constantine noted when talking about an application and an application fee, it
deems that the applicant or property owner wants to move in this direction; and
he doesn't think the applicant wants to move in this direction because plans to
build have already been submitted.
Commissioner Lockhart commented maybe they should put the onus on the
community then and have them go through the MSBU process with an application
and a fee in order to find out if they are really interested. If the owner is not a willing participant in
the conversation, then it's moot.
Commissioner Dallari responded that is the
reason he said to have a community meeting and also talk to the property
owner.
Ms. Guillet suggested staff look at the first three steps on
the chart and then report back to the Board.
No objections were voiced. She stated when the issue was previously
raised, they were talking about both Deer Run and Wekiva. The Deer Run neighborhood has been very
engaged in this issue, but she has not heard from anybody in Wekiva. Commissioner Dallari
responded he has and they are interested.
Commissioner Constantine advised nothing has been applied for at Wekiva
so, therefore, he would not touch Wekiva at all.
Commissioner
Dallari suggested taking the first three items as
recommended and talk to Deer Run, talk to the property owner, and then report
back to the Board. No objections were voiced.
Ms. Guillet requested the Board advise her if
there's something on the procedures list they think has been missed and staff
will work it into the process.
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Chairman Zembower
recessed the meeting at 12:01 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 Terri Porter, who were present at the Opening Session.
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 Dallari,
seconded by Commissioner Lockhart, 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.
With regard to public participation,
no one in the audience spoke and public input was closed.
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.
PUBLIC HEARINGS (Not in numerical order)
Agenda Item #70 –
2020-0022
Novel Parkway LSFLU
Map Amendment and PD Rezone/
Tim
Graff, Crescent Acquisitions, LLC, Applicant
Danalee
Petyk, Planning and Development Division, addressed the Board to present the
request as outlined in the agenda memorandum.
Staff advised they received a request from the Applicant to continue
this item until the November 10th BCC meeting.
Chad
Moorhead, Madden Moorhead and Stokes, addressed the Board to confirm the
Applicant would like to request a continuance and apologized for the late
notice. Their client notified them
yesterday that they were having some contractual issues with the seller.
With
regard to public participation, the following spoke in support of the
continuance: George Sellery,
5231 Shoreline Circle; William Wills, 495 Still Forest Terrace; and Joseph
Humphreys, 883 Cardinal Pointe Cove. No
one else in the audience spoke in support or opposition, and public input was
closed. Public Comment Forms were
received from George Sellery; and from the following
who did not speak: Wafa
Esposito, 5040 Hawks Hammock Way; Dennis West, 5336 Factors Walk Drive; Linda
Baker, 503 Still Forest Terrace; and Cindy Haller, 1731 Beacon Drive.
Commissioner
Constantine questioned, in connection with the contractual issue, whether there
is a possibility that they may not be going forward with this. He asked Mr. Moorhead for assurance that
those on behalf of the Applicant will be speaking with the citizens to see if
they can work out some of the concerns that they have. Mr. Moorhead advised they had sent out
mailers but they can reach out again. Commissioner
Constantine asked that Ms. Guillet ensure that the
Applicant receives the speaker forms that were submitted today in connection
with this item.
Motion by Commissioner Carey, seconded by
Chairman Zembower, to continue to November 10, 2020 at 1:30 p.m., or as soon thereafter
as possible, the request to adopt an Ordinance enacting a Large Scale Future
Land Use Map Amendment from Higher Intensity Planned Development – Target
Industry (HIPTI) to Planned Development (PD); and adopt the associated
Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development);
and approve the associated Development Order and Master Development Plan, for a
multifamily residential and commercial mixed-use development on approximately
14.75 acres, located southwest of the Wilson Road and International Parkway
intersection; Tim Graff, Crescent Acquisitions, LLC, Applicant.
Districts 1,
2, 3, 4, and 5 voted AYE.
Agenda Item #71 –
2020-2272
Bartram’s Landing at
St. Johns SSFLU Map Amendment and PD Rezone/
M/I
Homes of Orlando, LLC, Applicant
Joy Giles,
Planning and Development Division, addressed the Board to advise that the
Applicant has requested the item be rescheduled to the November 10th
BCC public hearing.
Mr.
Moorhead, on behalf of the applicant, explained they requested this continuance
before the deadline. They heard a lot at
Planning and Zoning and would like a few more weeks to go through it all. Commissioner Constantine noted that the
P&Z board unanimously voted to oppose this project, and there is a great
deal of concern about flooding in and around this property and the properties
that are near it. He asked that Mr.
Moorhead reach out to the homeowners and others that are concerned. Mr. Moorhead said they did send out a mailer
on this as well and agreed to talk to those that may be affected by the
project.
Commissioner
Lockhart asked Mr. Moorhead to advise how many notices were sent and how far
away from the project itself. He
explained they get the list from the County; he believes it is within 300 feet. Commissioner Lockhart noted the Board needs
to discuss that, and Commissioner Constantine noted that is in the
administrative procedures that they will be discussing as well as the timeframe
for continuances. Ms. Guillet stated the issue of public hearing continuances is
proposed within the administrative policies that will come back to the Board at
the next meeting. The notification for
distance for rezoning or other activities is in the Land Development Code. They have talked about that, but it is not in
a package that is pending for the Board’s review at this time.
With
regard to public participation, the following spoke in regard to a
continuance: Pete Buis,
5376 Ohio Avenue; George Sellery, 5231 Shoreline
Circle; Justin Frost, 4847 Ohio Avenue; William Wills, 495 Still Forest
Terrace; Joseph Humphreys, 883 Cardinal Pointe Cove; Patricia Czar, 5395 Ohio
Avenue; and Wafa Esposito, 5040 Hawks Hammock
Way. Public Comment Forms and a Written
Comment Form from Carmen Butera, 5348 Ohio Avenue, were received and
filed. Registration List received for
those attending remotely.
Per
Chairman Zembower’s request, Ms. Hammock explained
the courtesy notices are a requirement of the Comprehensive Plan and it does
state 300 feet; however, the last time this discussion came up, they did change
the procedures to go out 500 feet in an abundance of caution. They were also asked by the Board that if
they have a project that is near a large amount of acreage to go out further,
so in this case, they actually asked GIS to go out 1,000 feet. Commissioner Constantine noted this is an
issue that has continued to come up and the Board has been asking for
guidance. He believes that it needs to
be done on a case-by-case basis and he knows the distance was changed for this
particular property. Even though it is
in the hopper to be addressed, he thinks it should be moved up and taken care
of sooner. Ms. Guillet
noted that they also used social media, Nextdoor, to
try and get the word out, and staff is making an effort;
however, she realizes they do need to get this put in the Land Development
Code.
Commissioner
Dallari wondered if there were any issues to notice
this again within the 1,000 feet. Deputy
County Attorney Paul Chipok advised that it is not
specifically required by any state statute; they are courtesy notices. It is within the Board’s jurisdiction to
direct staff to do so if it is the will of the Board. Commissioner Dallari
opined since this will be continued that they might as well send the notices
again so that everyone receives them.
Ms. Hammock said they always resend the courtesy notices and repost the
placards when there is a continuance.
Crystal
Marmo, 1511 N. New York Street, called in to suggest
they send notices to the community, because they are in Sanford Farms and her
lot alone is 1,000 feet wide. Commissioner Carey commented that in the Land
Development Code, they absolutely need to set a distance so the development
community knows what the expectation is.
She agrees that if, for example, it is 1,000 feet and that hits the
corner of Sanford Farms, then hopefully, everyone at Sanford Farms would get a
notice, or if they have an HOA that the HOA would definitely be noticed. She added that in addition to the paper
notices that are not required by statute or law, these are on the BCC agendas,
the County’s website, social media and the Nextdoor
app to try to get the word out. So, the
public has asked and the Applicant’s representative has agreed to notify all of
the people who have spoken on this issue.
She opined if you are a small city, you can notify everyone; but when
you are as large as a county, you really need to have some boundaries.
Motion by Commissioner Carey, seconded
by Commissioner Constantine after confirming this includes the renotification
to those within 1,000 feet of the subject property, to continue to November 10, 2020, at 1:30 p.m., or as soon
thereafter as possible, the request to consider a Small Scale Future Land Use
Map Amendment from Suburban Estates to Planned Development, and Rezone from A-1
(Agriculture) to PD (Planned Development) for a single-family residential
subdivision on 8.85 acres, located on the north side of Orange Boulevard, one
mile west of Monroe Road; M/I Homes of Orlando, LLC., Applicant.
Districts
1, 2, 3, 4, and 5 voted AYE.
Agenda Item #68 –
2020-0020
Hidden Oaks
Subdivision LSFLU Map Amendment and PD Rezone/
Craig
Rouhier, Jr., Applicant
Matt
Davidson, Planning and Development Division, addressed the Board to present the
item as outlined in the agenda memorandum.
He noted the Board approved transmittal to state and regional review
agencies on September 22, 2020. Based on
the discussion at that meeting, the Applicant has revised the proposed access
for the development from Midway Drive to South Lane in order to have the least
impact to the existing community. Staff
does not recommend access from South Lane, which is a 30-foot right-of-way that
would not allow sufficient area for the installation of sidewalks or meet
roadside, clear-zone standards. At the
request of the residents along Thomas Stable Road, the Applicant has added a
six-foot privacy fence to the proposed ten-foot landscape buffer along the
eastern perimeter. The Development Order
included in the agenda packet is incorrect in that it states that a fence would
be provided along the western perimeter; the D.O. should state that it is the
eastern perimeter. Staff has corrected
that document which will be executed by the Chairman if the item is
approved.
Mr. Davidson
stated a ten-foot landscape buffer will be provided along the western perimeter
with no fence, and a 25-foot landscape buffer with a six-foot masonry wall will
be provided along the southern perimeter adjacent to the CSX right-of-way. Staff verified that the project is not in a
CDBG area of the county, and they have received direction from the County
Attorney’s Office that the BCC has the authority to grant hardship waivers on a
case-by-case basis to the requirement of mandatory connection to water service
when that water service becomes “available.”
Mr. Davidson
indicated the Planning and Zoning Commission voted unanimously to recommended
the Board approve the proposed rezone with the revised master development plan
showing the access from South Lane.
Staff has received response letters from state and regional review
agencies involved in the future land use amendment transmittal. Technical recommendations for construction
standards were provided by FWC that will be incorporated into the final
engineering review if the project moves forward. Approximately half of the subject property is
already designated low density residential.
The proposed future land use amendment would allow for a maximum
residential density of four dwelling units per net buildable acre, which would
provide an appropriate transition from the surrounding medium density
residential and industrial future land use designations. Staff recommends adoption of the proposed
ordinance.
Chairman Zembower asked Mr. Davidson, for the benefit of the public,
to talk about the hardship connection and what that really means. Mr. Davidson advised if the project moves
forward, based on the Applicant’s design for their utility corridor, if water
and sewer meet the definition of “available” in the Comp Plan and Florida
Statutes, then they would be required to connect to the water, most likely not
sewer because that would have to be a gravity sewer in front of the
property. Mr. Chipok
explained the definition of “available” means that the water line is within 150
feet of the property. So
when it does become available, under their bond covenants, it is required that
properties that have the service available are required to hook up. But the bond covenants do specifically state
that it is at the Board’s discretion to grant a waiver on hardship cases. They have to hook up within a reasonable
period of time and that is also at the Board’s discretion. The County Attorney’s Office has sketched out
some preliminary policies that were forwarded to staff that they can bring back
to the Board, so rather than being totally ad-hoc, they would have some
standards to apply in this situation. He
advised that it does not have to be decided today, but it will come back for
action by the Board to set forth the conditions which would be for consideration
of establishing that hardship.
Thomas Daly,
with Daly Design Group on behalf of the Applicant, addressed the Board and
stated the transmittal was to take the southern half of the property and change
that future land use from industrial to low density residential. At that time, they had talked about access
not being available to the industrial portion of the property. The State had no objections. They had applied for a rezoning at the same
time, and the P&Z felt they wanted more information about the access to
this property, so they continued it. The
Board voted on the transmittal and now both the rezoning and transmittal are
before the Board today. During the
public hearing for the transmittal, they discussed the non-comprehensive plan
issues. He reminded there were a number
of issues about what the best access point would be for this property. They sent out 63 notices and did not receive
any responses. He opined the COVID
situation has put everyone at a grave disadvantage of communication. They were given the addresses by staff but
did not have phone numbers or email addresses, and many of the residents rent
their homes.
Mr. Daly
displayed a PowerPoint presentation (received and filed). He noted that Cadence Park is a project north
of the subject site and they have matched the lot sizes, density, and buffering
of Cadence Park. They heard from
residents on Thomas Stable Road who were concerned about people coming into
their area, so they have committed to putting up a fence along the eastern property
boundary. He reminded that Commissioner Dallari advised the railroad was active, so they have
incorporated a six-foot concrete wall in addition to their landscape buffering
along the southern portion of the property.
He added in regard to access, they believe the southern access is probably
the most direct and the least impactful to the community. He pointed out the location of pipes under
South Lane and advised they will reconstruct those to allow more water to flow
away from Midway Park.
Mr. Daly
discussed Exhibit C stating one issue is the 50-foot right-of-way that turns
into a 30-foot right-of-way on South Lane.
He then displayed the typical road sections that are part of the
Development Order, which does not show any sidewalks because of the 30-foot
right-of-way and the fact that there is really no place to walk to. This is not near anything on Ronald
Reagan. He then showed an aerial of
Astor Farms, which is also accessed with a 30-foot right-of-way, and a photo of
the road with fencing on either side.
Chairman Zembower confirmed with Mr. Daly that the Applicant will
incur the expense of the construction of new pipes in the ditch area on South
Lane.
With regard
to public participation, the following spoke in opposition: Paul Dobo, 5137
Bryant Avenue; Marianne and Robert Elliott, 2815 South Lane; Jean and Gary
Rhoades, 2851 Avalona Drive; and Adam Jackson, 5114
Sunnyside Avenue, had questions for staff; no one else spoke in support or
opposition, and public input was closed.
Public Comment Forms and a Written Comment Form from Cindy Haller, 1731
Beacon Drive, were received and filed.
In rebuttal,
Mr. Daly said in regard to road signs, they have not discussed that yet with
staff but are willing to look at those issues to minimize impact. He added that they are not taking any land
from the Elliotts; it is difficult to see where the
30-foot right-of-way is, but it has been there since 1926. He noted they would be more than happy to
work with them if they would grant the developer easements to go in and clean up
some of the things at that crossing, but that would require a cooperation with
Mr. and Mrs. Elliott. Chairman Zembower pointed out that there is 30 feet available for
the roadway and only 11 feet of that is being used right now. Commissioner Lockhart noted someone commented
about having to join an HOA, and Mr. Daly assured her that they would not. Commissioner Carey commented that many times
people believe that because it is in their yard and they are mowing it, that it
is their land and not the county right-of-way.
She thinks using South Lane makes more sense than using the other roads
that could access this property. She
said people were calling the piped area a ditch or a creek and clarified that
it is the Smith Canal that runs from Lake Jesup all
the way to the river, and it goes all the way through the county impacting a
lot of neighborhoods.
Ex parte communications were submitted by Commissioners Carey,
Dallari, Zembower, Lockhart
and Constantine.
Jean Jreij, Public Works Director, addressed the Board to answer
questions. Chairman Zembower
asked if staff had verified they had 30 feet of right-of-way and he confirmed
they do. Commissioner Dallari noted the standard is 50 feet and asked Mr. Jreij why there is an additional 20 feet needed. Mr. Jreij responded
the minimum is 50 feet for sidewalks, drainage, and utilities. Commissioner Dallari
mentioned that Mr. Jreij had referred to that 20 feet
as a safe zone.
Motion by Chairman Zembower,
seconded by Commissioner Lockhart, to adopt Ordinance #2020-27 enacting a Large
Scale Future Land Use Map Amendment from Low Density Residential and Industrial
to Low Density Residential; adopt the associated Ordinance #2020-28 enacting a
Rezone from A-1 (Agriculture) and M-1 (Industrial) to PD (Planned Development);
and approve the associated Development Order and Master Development Plan for
approximately 31.52 acres, located approximately 1,000 feet southeast of N.
Ronald Reagan Boulevard, with primary access along South Lane with the
commitment that the developer is going to cooperate with assisting with the
flow of the wetlands on South Lane; Craig Rouhier,
Jr., Applicant.
Commissioner
Dallari indicated he cannot support the project
because he sees no evidence or testimony as to why they would get rid of
industrial property. They have heard
from staff over the last couple of years that property zoned industrial is a
commodity and that it is truly used for the better future of the community and
all of Seminole County. He said he sees
no evidence yet that supports the need to remove industrial zoning. The other issue he has is the 30-foot access
and believes that will be a potential issue, as well as the connection onto
Ronald Reagan Boulevard.
Commissioner
Carey wondered if the property remained industrial, wouldn’t the access have to
be through one of these small residential roads. Mr. Davidson answered the only legal access
to the portion of the property that currently is zoned industrial is down South
Lane or Midway. She commented that
putting industrial traffic on a 30-foot roadway does not make any sense to her
and she just wanted to clarify that access.
Discussion ensued regarding access if this stayed as an industrial
property, the 30-foot right-of-way and density.
Districts 2,
3, 4, and 5 voted AYE.
District 1
voted NAY.
--------
Chairman Zembower recessed the meeting at 3:20 p.m.; reconvening at
3:30 p.m.
Agenda Item #69 – 2020-2277
Comp Plan and LDC Plan Amendments
Accessory Dwelling Units -
Transmittal
Rebecca
Hammock, Planning and Development Director, presented the item as outlined in
the agenda memorandum. She advised the
Planning and Zoning Commission recommends transmittal, and staff recommends
approval as well.
Chairman
Zembower stated his district is very rural and there
are a lot of young families that have bought an older home on acreage, but the
home on that tract is maybe 1,700 square feet.
He has had many residents ask, as they raise their families and get
further along in their careers, whether they can go to the back of their
property, for example, and now build a 3,500 square foot home and abandon the
small home for either a rental or a family member. Ms. Hammock responded that the ordinance is
written that you can switch if you have a principal structure and then you want
to build an accessory dwelling unit; however, whatever is designated as the
accessory dwelling unit is still limited in size. It would still be limited to either 35% of
the principal structure or 1,000 square feet, whichever is less. The Commissioner then asked how the
architectural similarity is determined.
Ms. Hammock explained that particular requirement is not applicable to
the rural area; it is only applicable in the urban areas. The only change in the Comprehensive Plan and
the Land Development Code related to ADUs in the rural area is the size
limitations and putting the enabling language within the Comp Plan.
Upon
inquiry by Commissioner Constantine, Ms. Hammock advised they are permitting
ADUs in any single-family residential zoning district, and their smallest
single-family residential zoning district is a 5,000-square-foot lot with a
50-foot minimum lot width. Commissioner
Constantine noted they are all in support of this, but he is having a hard time
imagining how they would put another dwelling unit on a 5,000-square-foot lot,
which is so small already. He asked how
they came to those numbers. Ms. Hammock
responded they wrote the code so that the ADUs would be permitted in all the
single-family residential zoning districts and that is the smallest lot size
within their single-family district, which is R-1BB, which is defined in the
code as a single-family residential district, although it is only allowed
within their medium density residential future land use category. Based on the setbacks that are proposed
within the ordinance, if it is a detached accessory dwelling unit, it is
required to meet principal structure setbacks.
Residents will be limited with the smaller lot sizes and it would be
more difficult to have a detached accessory structure, but they would also have
the option of doing a second story addition onto a home for an accessory
dwelling or doing a garage apartment, for instance.
Commissioner
Constantine stated he does not want to do this where they have unintended
consequences like people coming in for variances and BOA appeals. Ms. Hammock reminded that the size would need
to be 35% of the primary structure or 1,000 square feet, whichever is
less. In order to get up to 1,000 square
feet, you would have around a 2,500-square-foot principal structure. She reiterated they would have to meet the
principal structure’s setbacks. On the
smaller lots, it would be difficult to have a detached ADU.
Commissioner
Carey commented if someone’s house is that small and they cannot meet the setback
requirements in the code, they just would not be able to do it. Commissioner Dallari
said he understands, but he can see people coming in and asking for a variance
on every one of them. Commissioner
Lockhart stated she thinks that she read somewhere in the ordinance that
variances were not going to be granted, that they could not apply for a
variance. Ms. Hammock advised they wrote
it so they could not apply for a variance for the size of the ADU, but they can
apply for variances for setbacks. They wrote
this based on prior feedback from the Board.
They added language that allows a 10% administrative adjustment by the
Director, which would bring it up to a maximum of 1,100 square feet. Ms. Hammock then spoke about drainage and
stormwater per Chairman Zembower’s request.
Commissioner
Lockhart mentioned that this shall be reviewed about every five years and maybe
there will be an indication initially that it should be sooner than that, but
she also wants to make sure this is, in fact, reviewed when it should be. She added she would like to have some kind of
tickler system for all their items that need to be reviewed. Chairman Zembower
concurred and opined there should be some kind of cursory review annually to
make sure they are still meeting state and federal guidelines. Ms. Guillet noted
they do that for every legislative session; they monitor anything that might
impact their regulations.
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 transmit the proposed Ordinance enacting
Comprehensive Plan Text Amendments to permit accessory dwelling units in the
County’s urban area to state and regional review agencies; and subject to final
approval, adoption of the Comprehensive Plan Text Amendments and the associated
Ordinance enacting corresponding revisions to the Land Development Code.
Commissioner
Constantine noted staff still has to look at some of the issues that were
brought up today and bring back some additional information. Chairman Zembower
concurred and added he would like to have some kind of assurance that they are
not going to impact drainage or stormwater issues that may already exist. Commissioner Dallari
added that is why he thinks variances for side-yard setbacks maybe should not
be allowed because of drainage issues.
Commissioner Carey thought they should get a legal opinion on that
because she wouldn’t want consequences that cause them to get sued either. Attorney Chipok
stated they will research that.
Commissioner
Lockhart stated they allow variances for additions to people’s homes and she
wants to make sure they carefully think through not allowing variances for the
ADUs because people can get very creative about how to get what it is they
want.
Districts
1, 2, 3, 4, and 5 voted AYE.
--------
Deputy
Clerk Terri Porter was replaced by Deputy Clerk Chariti Colon.
Agenda Item #72 – 2020-2273
Old Chuluota Road Right-of-Way
Vacate Resolution/
Cornerstone Church of Orlando, Inc.,
Applicant
Joy Giles,
Planning and Development Division, addressed the Board and advised staff is
requesting this item be continued to a date uncertain in order to allow Leisure
Services more time to evaluate the request to make sure that it is not in
conflict with the Trail Master Plan that is currently being evaluated.
Ron
Davidson, Cornerstone Church Deacon, Applicant, stated they are opposed to a
continuation. They have worked on this
project for close to three years, and they would like to get it moved forward
as it is a hardship on them.
Commissioner Lockhart advised if the Board does not continue it, she
believes their only choice would be to vote it up or down. She asked Mr. Davidson if that is what he is
asking at this point. Mr. Davidson
responded the road has been abandoned for a long time. The County came to them with a request
regarding potential drainage concerns in the future, and the church agreed to
that request and signed the document. He
is hoping the Board will not consider what staff is now presenting as a reason
for delaying it. Mr. Davidson explained
it's not something the church is going to build on. They have two lots that are separated by the
right-of-way. One lot is exempt from
property taxes, but the other lot is not because it's not connected to the main
lot. That was the initial reason for
this request.
Commissioner
Lockhart confirmed with Paul Chipok, Deputy County
Attorney that even though the lot is owned by the church, because it's not
contiguous, it's taxable. The
Commissioner stated now that staff is aware they may be utilizing this for a
trail connection and it is owned by the County, they have to take into
consideration the possibility that it may be needed for trailway. She emphasized she wants to make sure Mr.
Davidson understands the position he is taking.
If they don't continue it to give staff the time to further explore it,
he may not get the answer he is looking for.
Mr. Davidson noted another benefit of having the contiguous property is
the size of their size is determined by the number of feet on a road
right-of-way, and they would like a larger sign. An aerial map of the property was reviewed
and a discussion ensued regarding the original Development Order.
Marc
Brashear, Cornerstone Church Pastor, Applicant, advised the intent of the
request to vacate is to combine the parcel so they have their entire property
under one parcel and to be able to maintain and upkeep that entire area in the
front. There are no plans to build or expand. He suggested connecting a trailhead might be
better served by running it along Snow Hill Road rather than through the middle
of the church's property. They would
have no objection to a continuance for staff to evaluate. Commissioner Carey inquired if the church
would be willing to consider a possible exchange of the right-of-way for the
same amount of land along Snow Hill Road, and Pastor Brashear responded, yes,
as it would allow the church to have continuous property and for a trail. Upon inquiry of how much the church paid for
the application fee, Pastor Brashear responded $1,500 and staff confirmed.
Commissioner
Carey inquired if there was interest from the majority of the Board to continue
this to the next meeting so they could talk about an exchange of land, square
foot for square foot. No objections were voiced. Commissioner Carey stated if the Board
decided to keep this right-of-way, she thinks the $1,500 application fee should
be refunded.
Mitchell Bogal, Cornerstone Church Deacon, Applicant, added the
church also provided a sketch description in the agreement to provide a
dedication for right-of-way. He
requested the Board also take into consideration that the church is willing to
provide those right-of-way dedications being there was some concern about
potentially wanting to expand Willingham Road or the additional adjacent
roads.
With regard
to public participation, Rebecca Wilkinson, 1240 Brumley Road, spoke in
opposition to the continuance and the vacate.
No one else
spoke in support or opposition, and public input was closed.
Chairman Zembower stated he would like staff to look at the original
Development Order to make sure what has been happening there is still what is
supposed to be happening, and what should be happening on the triangle piece at
this juncture, regardless of what happens today. Ms. Giles responded staff will review the
D.O. and bring that to the Board's attention at the next hearing for the
vacate.
Commissioner
Carey stated she would like to see them have a discussion
about an exchange of right-of-way for the same amount of square footage
with maybe having a requirement that there be a tree buffer that remain in
perpetuity. Also, if they are not going
to allow this to be considered because staff says they need it for a
right-of-way, she thinks they should refund the application fee. Ms. Guillet
clarified staff is not asking this to be denied, they are just asking for a
little more time.
Commissioner
Dallari stated they should be talking to the Property
Appraiser to see if there's a way to make these properties contiguous legally
so the church can get that exemption.
Commissioner Lockhart stated she supports a continuance to see if they
can do something creative like a property swap.
Ms. Guillet advised staff is not asking for date certain. If they are able to work something out, they
will readvertise at the County's cost.
If they give a refund now and just stop the process and then decide they
don't need it, the Applicant will have to start over again. She thinks it's in the Applicant's best
interest to continue it indefinitely. As
staff learns more about what the needs are, maybe they can get creative.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, to continue
indefinitely the request to approve a Resolution vacating and abandoning an
uncut portion of a public right-of-way known as Old Chuluota Road, lying in
Section 20, Township 21 south, Range 32 east, Seminole County, Florida, for
property located at 3370 Snow Hill Road; Cornerstone Church of Orlando, Inc.,
Applicant.
Commissioner
Carey stated she has an issue if it is continued indefinitely that the church
has their $1,500 tied up, and a lot of small churches can't afford to do
that. She inquired when the Master Plan
is due to be completed. Ms. Guillet responded they are anticipating sometime around
February. Commissioner Carey suggested
amending the motion to continue until a meeting in March. Commissioner Dallari
amended the motion to bring it back the first meeting in March or
sooner. Commissioner Constantine agreed to the amendment.
Districts 1,
2, 3, 4, and 5 voted AYE.
Agenda Item #73 – 2020-2294
Transportation and Education
Infrastructure Plan Interlocal Agreement
Bill
Wharton, Engineering Division, addressed the Board to present the request as
outlined in the agenda memorandum. He
reminded at the September 22, 2020, BCC meeting, the County Manager explained
the City of Altamonte Springs would like to reallocate funds from the 2001
Sales Tax Program to remove one project and add another project from that
interlocal agreement. To accomplish
that, two interlocal agreements need to be amended. The first agreement is this item, Item #73,
the Seminole County Transportation and Education Infrastructure Plan Interlocal
Agreement between the County, the School Board, and the seven cities. This interlocal agreement sets the framework
for the funding and identifies projects.
Section 3 of this agreement states that changes to the agreement can
only be considered after notice to all the other parties to the agreement,
which was provided, and after a public hearing, which was duly noticed for this
meeting. The second related agreement is
Item #74, which is just between the County and the City of Altamonte Springs
and does not require notice or public hearing.
Commissioner
Lockhart stated in talking to people who own property and live on Amanda
Street, they have expressed concerns about cut-through traffic. They're not opposed to the opening, but
they're hoping there will be some consideration in the concepts for traffic
calming. In looking at some of the
concept designs, it appears as though the area that will be improved is the
extension of Amanda Street between Ronald Reagan Boulevard (CR 427) and Jackson
Street. There will be some type of
relief in the road like pedestrian crossings, but that relief ends at Jackson
Street. It doesn't look like there will
be any improvements on Amanda Street between Jackson Street and Anchor Street. She thinks it would be nice to see if there
is any way the County can work with the City on the project to take into
consideration the rest of Amanda down to Anchor.
Ms. Guillet advised there is traffic calming. She explained if the Board approves this
reallocation of funds, staff would bring back for Board approval an interlocal
agreement with the City of Altamonte for them to manage the project. They could then talk about making sure there
is coordination in that interlocal agreement.
In response to Chairman Zembower's inquiry if
the City had community involvement, Ms. Guillet
responded there was quite a bit of public involvement. The City has been working on this project
since 2018. Staff asked the City of
Altamonte to send a list of their public involvement, and that was distributed
to the Commissioners in September.
With regard
to public participation, Chairman Zembower announced
Christine Watkins, 639 Lake Mobile Drive, provided a newspaper article entitled
"Altamonte Springs Plans New Road to Ease Congestion, Spur Economic Development"
by Martin Comas, dated November 30, 2016 (received and filed). Ms. Watkins and Tisia
Byrd, 1171 Merritt Street, spoke in opposition and addressed concerns of no
notice and increased traffic on Amanda Street.
No one else
spoke in support or opposition, and public input was closed.
Chairman Zembower commented he is not sure why people are not aware
of this project. As a property owner in
that area, he received noticed and has attended two meetings since 2015. He suggested reaching out to the City to ask
them to spend some time with community outreach. The Chairman stated he does not have an issue
with having some of the cities do some of the one-cent sales tax projects.
Commissioner
Lockhart stated this is in the heart of one of the most historic neighborhoods
in her district. She would hope they
would be very intentional about making sure that anything happening in that
area improves and does more to benefit the community than to detract from
it. Looking at page 2176 of the agenda,
part of her concern is that it appears that the improvement of the Amanda
Street opening begins at Brewer Street and does not go all the way down to Anchor
Road, and a piece of Amanda Street is being left out and not going the whole
extension. She wants to make sure the
community knows the County is not giving the City the ability to do some sort
of improvement that benefits them as a city but doesn't benefit the
unincorporated residents of that area.
In the way that this is designed with leaving this section of Amanda
Street off of the plan, it appears it could wind up looking that way at the end
of the day. The Commissioner stated she
thinks it makes sense to get the road opened up and go all the way through, and
she doesn't have a problem with that.
It's the manner in which it is done and how it's executed. If they need to go back through the community
and have more community input and bring the City around so this can be a
collaborative project, she's all for it.
There is already a perception in that community that they are being left
behind in many ways and losing the historic nature of their community. She does not want this to further exacerbate
that.
Commissioner
Carey commented this particular request is taking out the pedestrian overpass
over 436, which she does not have an issue with doing, but she would like to
know how the County would be able to control the coordination on Amanda Street
if they allow the City to replace the 436 pedestrian
overpass with the Amanda Street project.
Ms. Guillet explained the projects that are on
this particular exhibit in the 2001 agreement are actually County
projects. For the City to take over
management of that project, there would also need to be an interlocal agreement
turning management of that project over to the City. The County reviews the scope, and the City
does a draw as they move the project forward.
They would be executing the project on behalf of the County through that
agreement. She advised there are a
number of projects that are operating that way right now.
Chairman Zembower inquired if they could insist on another community
meeting in that interlocal agreement, and Ms. Guillet
responded they could. The Chairman
inquired if they could insist on staff reviewing all the plans. Ms. Guillet
responded under those interlocal agreements, staff works with the City on the
overall scope of the project, and the City comes to the County to get a draw on
the money. Even if the Board approves to
move the money today, the City still can't take over the project unless there
is an interlocal agreement switching management over to them.
Commissioner
Dallari clarified with Ms. Guillet
this is the first step in a couple of steps and they have to move the money
over first before doing an interlocal agreement. Commissioner Carey commented the next item,
Item #74, is the interlocal agreement.
Ms. Guillet explained Item #74 is something
they did in 2001 that they didn't do in 2014.
In addition to having a Master Agreement, which they have with the 2014
Infrastructure Sales Tax, in 2001 they also did individual agreements with all
of the cities that simply reflect what is in the Master Agreement. They took the list out of the Master
Agreement with the projects for that particular city and they did a separate
interlocal agreement. They did a
two-step process that they didn't do in 2014.
That's why there is a second agreement.
If approved today, they will be making the same change in both of those
agreements. They will be removing the
pedestrian project and replacing it with the Amanda Street project. It doesn't transfer management of the project
to the City. That would be a separate
additional agreement.
Motion by Chairman Zembower,
seconded by Commissioner Constantine, to approve and authorize the Chairman to
execute the Amendment to the Seminole County Transportation and Education
Infrastructure Plan Interlocal Agreement revising Exhibit B, 1% Local
Government Infrastructure Sales Surtax, to delete the SR 436 Pedestrian
Overpass project and to add the Amanda Street Extension project to provide
multimodal transportation to Station Street and the Altamonte Springs SunRail Station.
Under
discussion, Commissioner Dallari inquired when staff expects
to have the interlocal agreement come back, and Ms. Guillet
responded pretty shortly. Commissioner
Lockhart inquired if that would make sense if they are going to have more
community input before that comes together.
Ms. Guillet requested clarification as she
thought the Board wanted community input as a requirement in the interlocal
agreement, not before it. A discussion
ensued regarding the interlocal agreements and community involvement.
Commissioner
Carey confirmed with Mr. Chipok that all the Board is
doing in this action right now is taking out the 436 pedestrian overpass and
replacing it with Amanda Street and Item #74 is just changing that
exhibit. The Commissioner noted the
agreement says that the City duties are to award, enter, administer and
supervise all design planning, surveying, appraising, environmental auditing,
remediation, negotiating, value engineering, right-of-way acquisition, et
cetera in order to accomplish the ultimate construction of the City's
transportation improvement projects. She
doesn't want anybody to walk away from this thinking the County is going to
have control over the design and those type of things because that's not how
the agreement is structured. She
confirmed with Mr. Chipok that was correct. Mr. Chipok added
ultimately it is a city project.
Commissioner Carey emphasized by doing this, they are only replacing the
Amanda Street for the 436 overpass. She inquired of Mr. Chipok
if once they do that and amend Item #74, if it's then up to the City to do what
they're going to do. Mr. Chipok requested a break in order to review the agreements.
Chairman
Zembower recessed the meeting at 4:59 p.m.,
reconvening at 5:18 p.m.
Mr. Chipok explained Items #73 and #74 are linked. Item #74, which is the Interlocal Agreement
between the City and the County, has an Exhibit B which now has the overpass
bridge listed. Approving that item would
substitute the street project in its place.
Under the terms of the existing Interlocal Agreement between the City
and the County, the City is the administrator of the project and the County is
acting as the banker. That is the limit
of the County's involvement in the project other than the fifty-fifty funding
of those Exhibit B projects, so the County would have no direct control over
the administration of the project.
That's the way the agreement currently runs. If the Board's intent is something different,
then it needs to be discussed further.
His recommendation is if the Board is not satisfied with #74 the way
it's drafted and the end result of it, they should hold off any action on #73
and take the actions together when #74 is ready. Chairman Zembower
requested clarification that any action on #73 automatically trips in #74. Mr. Chipok
responded it makes it ambiguous. He
advised the Board should not take action on #73 unless
the result of their action on #74 and approval on #74 is what the Board intends
to happen, which currently is that the City is the administrator of the project
and the County is merely acting as the banker to review and pay the
invoices.
Commissioner
Carey stated she is not opposed to the project.
From comments that were made thinking they were going to have the
control over this project, she is just trying to point out they won't based on the language in #74. The Commissioner stated because of the nature
of this particular area and this particular roadway, maybe there just needs to
be something else that says the County will have review process or some control
or input to the design other than just being the banker.
Chairman Zembower distributed notice documents from 2018 that he
received as a property owner in that area (received and filed). The Chairman requested clarification if there
was another interlocal agreement with the cities dating back to 2014 for the
sales tax provision that gives the County better oversight. Ms. Guillet
responded there is a model agreement that is used now with the 2014 sales tax
agreements for when they take projects from Exhibit B and transfer management
to a city, so there is some starting language.
Mr. Chipok advised this is not a unilateral
agreement. They have to present it to
the City, who will have to sign and send it back. If the Board is going to do changes, staff
can insert the changes. If it's the will
of the Board, staff will amend it in accordance with the Board's intent. Ms. Guillet added
to reflect the 2014 provisions. Chairman
Zembower inquired if that could be done now or if it
has to be brought back. Mr. Chipok responded it depends on the Board's level of trust
in staff to get it right. Commissioner
Carey inquired if they could add an exhibit to Item #74 that would spell out
how Amanda Street would be handled. Mr. Chipok responded they could add an additional exhibit into
the agreement and add that into the original agreement and make it specific to
the Amanda Street project only so the County is not taking review control on
all of the projects that are subject to the agreement. The Chairman asked the Board if they were
okay with that and there was consensus.
Districts 1,
2, 3, 4, and 5 voted AYE.
NON-PUBLIC HEARING
Agenda Item #74 – 2020-2353
City of Altamonte Springs
Transportation Improvement Project Interlocal Agreement
Chairman Zembower advised this is not public hearing item. It is a technical issue for Legal and the
Board. He confirmed with Mr. Chipok Item #74 can be amended using some of the 2014
agreement language specifically to Amanda Street to give the County oversight
to handle the things that have been discussed today.
Motion by Commissioner Carey, seconded by
Commissioner Lockhart, to approve and authorize the Chairman to execute an
Amendment to the Interlocal Agreement between Seminole County and the City of
Altamonte Springs revising Exhibit B, Cent for Seminole Local Sales Surtax, to
delete the SR 436 Pedestrian Overpass project and add the Amanda Street
Extension project with the amendments as
stated to be drafted by the County Attorney’s Office to reflect all
conversation.
Districts 1,
2, 3, 4, and 5 voted AYE.
PUBLIC HEARINGS CONTINUED
Agenda Item #75 – 2020-2318
Board of Adjustment Appeal/1311
Fountain Hills Court/Chris Lilly, Applicant
Hillary
Padin, Planning and Development Division, addressed the Board to present the request
as outlined in the agenda memorandum.
She advised staff recommends upholding the denial of the request.
Chris Lilly,
Applicant, addressed the Board stating the main reason for his appeal is he
didn't feel he got to rebut some of the information that was brought in
opposition. In addition to the original
variance, on the site plan of the house, there is only one area in the yard
that he would be able to put the shed that isn't a drainage or utility easement
or has trees in the way. The biggest opposition
to having a shed is that it would detract from property values. When this was approved through the HOA, he
provided information from a Realtor that checked with other property appraisers
that it will not have any negative effects.
Chairman Zembower confirmed with Mr. Lilly
that his HOA has approved the shed. Upon
request of Commissioner Dallari, Mr. Lilly reviewed
the location of where he is requesting to put the shed, the drainage easements,
wall easement, and tree location.
With regard
to public participation, Donna Keil, 1320 Fountain Hills Court, spoke in
opposition.
Mr. Lilly
rebutted Ms. Keil’s comments by stating the HOA approval is not expired and the
pictures he provided the HOA of sheds were of sheds along Dike Road, not to
show what his shed would look like.
There were
questions and answers between the Board and Mr. Lilly regarding the size of the
neighborhood, the HOA and their bylaws and restrictions, and possible alternate
locations for the shed.
With regard
to additional public participation, Rosemarie Coletti,
1316 Fountain Hills Court, spoke in opposition.
No one else
spoke in support or opposition, and public input was closed.
Mr. Lilly
rebutted Ms. Coletti’s comments by restating it does
have HOA approval, he has opposing information regarding property values. His opinion is he is there for the variance,
not whether or not he should have a shed.
Motion by Commissioner Dallari,
seconded by Commissioner Lockhart, to grant the appeal, overturn the Board of
Adjustment’s decision to deny the request, thereby granting the request for a
side-yard (north) setback variance from 7.5 feet to zero feet for a shed in the
R-1 (Single Family Dwelling) district, more particularly known as 1311 Fountain
Hills Court; Chris Lilly, Applicant.
Districts 1,
3, 4, and 5 voted AYE.
District 2
voted NAY.
Motion passes 4 to 1.
DISTRICT REPORTS
Commissioner
Constantine announced this year is the 20th anniversary of the Wekiva Wild and Scenic River.
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The
Commissioner updated on meetings and events he has attended.
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Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to adopt a
resolution of appreciation posthumously for Cecil Tucker, II, Historical
Commission and send it to his family at the next meeting.
Districts 1,
2, 3, 4, and 5 voted AYE.
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Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to adopt a
resolution of appreciation posthumously for Anthony “Tony” Tizzio for
his life of volunteerism and send it to his family at the next meeting.
Commissioner
Carey advised there is already a resolution written for Mr. Tizzio,
and the reason it was not on this agenda is because staff is trying to
coordinate with someone to accept that on his behalf.
Districts 1,
2, 3, 4, and 5 voted AYE.
District 4
Commissioner
Lockhart updated on the meetings and events she has attended.
District 1
Commissioner
Dallari confirmed with Ms. Guillet
they are still online for the upcoming shoreline ordinance.
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The
Commissioner updated on the meetings and events he has attended.
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The
Commissioner stated he received an email from the Sanford mayor advising that
the City voted to close Marquette Avenue, and he would like to know when that
is going to put on the agenda.
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Commissioner
Dallari updated on Tuskawilla
Estates and Bear Creek. He’s been told
there’s going to be a meeting with the developer who is trying to make some
changes.
District 5
Commissioner
Carey updated on the airport passenger count for September and announced the
Lockheed Martin Space and Air Show will take place at the airport this weekend,
October 31st and November 1st.
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The
Commissioner updated on the meetings and events she has attended.
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Commissioner
Carey addressed the letter from the City of Sanford regarding closing Marquette
Avenue. In that particular area, most of
the development goes through the City of Sanford and the County doesn't see it
because they have to get their utilities from the City through annexation. She thinks maybe this is one of the roads
that they should look at turning ownership of over to the City so they would
have the maintenance and those kind of control factors. She advised staff has written several opinions
that they don't think that that's a good idea, but she thinks it needs to be
closely looked at. If nobody is opposed,
she is requesting to ask the County Manager to have staff take a detailed look
at that and then bring back some options for consideration, including one being
giving that portion of Marquette Road to the City for their maintenance in the
future. Chairman Zembower
stated he thinks the Sanford Airport should be a part of the conversation as
well. The Chairman inquired if everybody
was good with that, and there was Board consensus.
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Commissioner
Carey advised there is an issue with a resident who lives on 22nd Street in
Lockhart. They applied for Community
Services assistance to have their home renovated or rebuilt. They didn't qualify because their homesite
has a Future Land Use of commercial. She
doesn't think they should administratively do any blanket changes because some
people may not want their property to be changed. This is an unintended consequence of the
original Future Land Use Map. She spoke
with Matthew Davidson, Planning and Development, who suggested this could be
corrected administratively. If there's
no objection to that, she is requesting the County Manager have staff look into
this and see if they can administratively make this change for this particular
landowner who is trying to get assistance from the County in a long-term
residential setting. Commissioner Carey
thinks it is problematic when residents can't get assistance due to something
like this, and she thinks the administrative solution was a good recommendation.
Chairman Zembower stated he would like more information on it
including what the denial process was for the funding, how that's tied, and how
the original land use was based on the future land use.
Rebecca
Hammock, Planning and Development Director, explained the Future Land Use on
the property on this block is commercial but does have the conflicting R-1
zoning in this location, so the zoning and the Future Land Use are
inconsistent, and they believe that's why Community Services denied the option
for them to apply for the funding. Along
Southwest Road, there is Commercial Future Land Use. There are some parcels that have developed as
commercial, but mostly the predominant land use in the area is residential on
that side of Southwest. Across the
street, a lot of that is developed as light industrial uses. If Planning were to bring forward an
administrative change to this area, staff would like to evaluate and analyze it
to see what the appropriate land uses and zoning designations would be.
Ms. Guillet confirmed with Commissioner Carey she is concerned
about one particular property, not the entire area. The Commissioner added this resident has
lived in this home for many years.
Lockhart is a well-established community that was there long before
there was zoning and future land uses in the county. She doesn't think it's fair they are
penalized on being able to apply for support, especially since they are income
qualified and seniors. It's just one of
those technicalities where the zoning and future land use map don't match. In talking to the Planning staff, their
solution was it could be corrected administratively and that's what she is
asking for, if the Board doesn't have any objection to that. Ms. Guillet
inquired of Commissioner Carey if she would be okay if there was another
solution besides rezoning or changing the land use designation that would
address the funding issue. The
Commissioner responded yes and stated maybe it's just a box that gets checked
on the application process, and maybe there's a way for the County Manager to
have the ability to overturn denials.
Ms. Guillet advised staff will look for a
solution.
District 2/CHAIRMAN’S REPORT
Chairman Zembower announced Seminole County was number one in the state
of Florida on volume of return and percentage of return of the census.
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The Chairman
updated on the meetings and events he has attended.
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Motion by Chairman Zembower,
seconded by Commissioner Dallari, to execute
appropriate Resolution #2020-R-127 of appreciation to Grey Wilson for his
service on the Parks and Recreation Advisory Committee and the MetroPlan Community Advisory Committee.
Districts 1,
2, 3, 4, and 5 voted AYE.
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Motion by Chairman Zembower,
seconded by Commissioner Dallari, to appoint Kyle
Longville to the MetroPlan Community Advisory
Committee through January 2024.
Districts 1,
2, 3, 4, and 5 voted AYE.
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Chairman Zembower advised he has received a request from the
citizens in Geneva. They have filed an
appeal on one of the projects that is a staff-level issue. They are requesting the public hearing
scheduled for the December 8, 2020, BCC meeting be held at night. He is bringing it to the Board for their
input on how they would like to handle that.
No objections were voiced. Commissioner Lockhart inquired if they are
going to do just one item in the evening or if all of the public hearing items
will be moved to the evening. Mr. Chipok responded all of the public hearings have to be
advertised for a time and date certain. If they want to do the other hearings at 1:30
p.m. and schedule this one for 6:00 p.m. or 7:00 p.m., that is well within the
Board's jurisdiction to do and they will just advertise that time for that one
item; or they can have them all in the evening if they would like. A discussion ensued on scheduling, and the consensus of the Board was to hold the
hearing at 6:00 p.m. Chairman Zembower confirmed with Ms. Guillet
that staff will handle that.
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Chairman Zembower requested
approval of the Board to accept his appointment to the Little Big Econ State
Forest Advisory Board.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, to appoint Chairman Zembower
to the Little Big Econ State Forest Advisory Board.
Districts 1,
2, 3, 4, and 5 voted AYE.
The Chairman
announced The Little Big Econ Forest Ten-Year Management Plan Review meeting is
October 28, 2020, at 1:00 p.m. The
public notice is attached to today’s agenda as Item #76.
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Chairman Zembower advised there is a letter from Sanford Mayor
Woodruff in the Submissions regarding the Seminole County and City of Sanford
Joint Planning Agreement. The Chairman
said he was aware staff was dealing with interacting with the City of Sanford
and requested a status update. Ms.
Hammock explained previously there was an interest in having a joint work
session with the City regarding some of the requests in their previous and
current letters. Staff has had several
meetings with City staff about the JPA.
At the most recent meeting, they said perhaps it would be best to wait
until after the election for both the City Council and the County Commission,
so they are waiting for that. The
Chairman confirmed with Ms. Hammock this is still at the staff level. Ms. Hammock added an email was sent some
months ago to the BCC with a list of the changes that the City was interested
in making and looking for any feedback on that.
There was the idea of possibly sitting down with the City Council and
discussing those changes, but it hasn't moved forward from there.
The Chairman
stated if they're asking to open the JPA and there's a whole list of things
they detailed, his desire would be to open it all up and have a thorough
discussion. Ms. Guillet
explained the expectation of County staff and City staff is the next move would
be to have a joint meeting with the County Commission and the City
Commission. She inquired if that is
something the Board is interested in. No objections were voiced. Ms. Guillet
suggested having staff get with each of them and talk about what their concerns
might be. They will put together a list
of issues, bring it back to the next BCC meeting for Board approval, and then
they will send it to the City. No objections were voiced.
Ms. Hammock noted
they are involved in the Small Area Study for the East Lake Mary Boulevard
Corridor, and they do anticipate that there might be some recommendations from
that study that will impact the JPA and could result in changes to the JPA.
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The Chairman
requested a status update on the FDOT grant for the roadway enhancement project
entering into the county from Volusia along 46 and Lake Mary Boulevard. Richard Durr,
Leisure Services Director, advised the grant has been approved at the staff
level. There will be a JPA coming to the
Board in July of 2021. That kicks in
with the new fiscal year in the state.
At that point, the Board will be able to sign the agreement and move forward
with the project. Right now, it is in
design. There were some conceptual
drawings previously distributed to the Commissioners. Staff is getting all of the construction
documents in place so that as soon as the JPA gets approved they can move
forward with construction. Ms. Guillet inquired if the drawings were shared with all the
Commissioners. Mr. Durr
responded they were but he will send them again.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed.
1.
Letter dated September 9, 2020, to
the Honorable Jay Zembower from Cynthia Torres,
Deputy Tax Collector, Seminole County Tax Collector’s Office, re: Request to authorize the Tax Collector to
begin collection of the 2020 tax roll prior to completion of the Value
Adjustment Board (VAB) hearings.
cc: David Johnson, Property Appraiser;
Nicole Guillet, County Manager; Janet Rufas, Property Tax Manager.
2.
Letter
dated September 11, 2020, to the Honorable Jay Zembower
from John Gibbs, Acting Assistant Secretary for Community Planning and
Development, U.S. Department of Housing and Urban Development (HUD), re: Allocation of Community Development Block
Grant (CDBG) funds to be used in connection with the coronavirus, authorized by
the CARES Act.
3.
Letter
dated September 17, 2020, to Chairman Jay Zembower
from David J. Mealor, Mayor, City of Lake Mary,
re: Supporting the MSBU application for
restoration and aquatic weed control of the East Crystal Chain of Lakes. cc: Lake
Mary City Commission; Kevin Smith, City Manager.
4.
Letter
dated September 18, 2020, to Commissioner Jay Zembower
from Sean Gallagher, District Manager, Florida Forest Service, Florida
Department of Agriculture and Consumer Services, re: 2019/2020 Annual Report (not R&F). cc:
Seminole County Commissioners; John Raulerson, Chief, Forest Protection.
5.
Letter
dated September 18, 2020, to Kevin J. Thibault, P.E., Secretary, FDOT, from Jay
Zembower, Chair, re: Ultimate/Wekiva Parkway Projects
and request FDOT reconsider its policy decision regarding the integration of
fire suppression systems along is highways.
cc: Seminole County
Commissioners; Nicole Guillet, County Manager; Joe
Abel, Deputy County Manager.
6.
Letter
dated September 25, 2020, to Commissioner Jay Zembower
from Brian P. Garrity, Procurement Award Officer, National Procurement
Institute, Inc. (NPI), re: Seminole
County Procurement Department awarded Achievement of Excellence in Procurement. cc:
Purchasing and Contracts Manager.
7.
Letter
dated September 28, 2020, to the Honorable Jay Zembower
from Mayor Art Woodruff, City of Sanford, re:
Discussion topics in connection with amending the Joint Planning
Agreement and/or support of discussion regarding an Interlocal Service Boundary
Agreement (ISBA). cc: Nicole Guillet,
County Manager; Norton Bonaparte Jr., Sanford City Manager.
8.
Letter
dated September 29, 2020, to Nicole Guillet, County
Manager, from Kenneth W. Wright, Shutts & Bowen LLP, re: County property located at E. Lake Mary
Boulevard and Red Cleveland Boulevard and the 2004 Interlocal Agreement between
Seminole County and the Sanford Airport Authority. cc:
Bryant Applegate, County Attorney; Chairman Jay Zembower.
9.
Letter
dated September 30, 2020, to Nicole Guillet, County
Manager, from Martin S. Friedman, Dean Mead, Attorneys at Law re: Application to the FPSC for an increase in
water and wastewater rates by Utilities, Inc. of Florida. cc:
Gary Rudkin, Patrick Flynn.
10. Letter dated October 2, 2020, to the
Honorable Jay Zembower from David Johnson, Property
Appraiser, re: 2020 Initial Certification of Taxable Value forms for
completion. cc: Seminole County-N. Guillet,
J. Abel, T. Jecks, R. Switzer, T. Johnson, L.B. Brown, C. Monti; Sheriff’s
Office-M. Hope, L. Spriggs; Clerk’s Office-J. Spencer, G. Maloy.
11. Letter dated October 8, 2020, to the
Honorable Jay Zembower from James D. Stansbury,
Chief, Bureau of Community Planning and Growth, Florida Department of
Opportunity, re: Review of proposed
comprehensive plan amendment for Seminole County #20-02ESR. cc:
Rebecca Hammock, Development Services Director; Hugh W. Harling, Jr.,
ECFRPC Executive Director.
12. Letter dated October 15, 2020, to
the Honorable Jay Zembower from James D. Stansbury,
Chief, Bureau of Community Planning and Growth, Florida Department of
Opportunity, re: Review of proposed
comprehensive plan amendment for Seminole County #20-03ESR. cc:
Rebecca Hammock, Development Services Director; Hugh W. Harling, Jr.,
ECFRPC Executive Director.
13. Email dated October 23, 2020, to
Elected Official, from Sharon Liehr on behalf of
Jared W. Perdue, P.E., District 5 Secretary, FDOT, re: Project Update in connection with
improvements to SR 419, from south of U.S. 17-92 to SR 434.
Additional District 3
Commissioner
Constantine advised he received an email at 6:05 p.m. from Sandy and Mike Niznik regarding their appreciation for the speed cushions
installed on Miami Springs Drive. The
Commissioner stated he has received numerous emails of how pleased people are
with the speed cushions.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 6:42 p.m., this same date.
ATTEST:_____________________________Clerk___________________________Chairman
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