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:

County Manager’s Office

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:

66.       Approve appropriation of $150,000 from the Local Law Enforcement Trust Fund to provide funding to various support organizations within the community and $211,000 from Federal Law Enforcement Trust Fund for law enforcement equipment for FY 2020-2021.  (2020-XXXX)

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.

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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.

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            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

District 3

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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