BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

November 10, 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, November 10, 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)

Commissioner Brenda Carey (District 5)

            County Manager Nicole Guillet

County Attorney Bryant Applegate

Clerk of Court and Comptroller Grant Maloy

 

Attending remotely:

            Deputy Clerk Chariti Colon

           

 

OPENING CEREMONIES

            Pastor Ron Williams, Palmetto Avenue Baptist, Sanford, gave the invocation.  Commissioner Constantine led the Pledge of Allegiance.

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Chairman Zembower called for a moment of silence in remembrance of Seminole County Emergency Operations Center staff member Ari Osteen and Eatonville Town Attorney Joseph Morrell.

 

 

EMERGENCY MANAGEMENT UPDATE

            Alan Harris, Office of Emergency Management, presented a PowerPoint (received and filed) and addressed the Board to report on the emergency management response to Tropical Storm Eta. Mr. Harris; Donna Walsh, Florida Department of Health Seminole County; and Kevin Baker, Florida Department of Health Seminole County Senior Epidemiologist, reported on the COVID-19 pandemic.

CARES ACT UPDATE

County Manager Nicole Guillet presented the CARES Act Update (presentation received and filed).   Ms. Guillet requested the Board authorize the overall allocations presented today.  She advised the Board has previously allocated CARES funding to the Rescue Outreach Mission, CARES dollars.  They were initially given an advance because this is a reimbursement program.  Because of cash flow issues, they have asked for another advance of $100,000 strictly for the CARES Act funding.  However, she does not think they need that much because they have submitted more reimbursement receipts than they realize.  She is requesting the Board authorize an advance of up to $100,000 instead of reimbursement.  And staff will make sure they are kept within the limits of the overall funding approvals. 

Ms. Guillet stated a memorandum from Lorie Bailey-Brown, Resource Management Director, was distributed regarding some emergency purchases (received and filed).  Under normal procurement procedures, anything $100,000 or more requires a competitive bid.  There have been a few purchases that were critical timingwise, such as Servpro for disinfecting, the vaccination trailer, COVID testing, and the Ernst & Young contract that the Board originally approved at a prior meeting.  Under emergency procurement, the County is allowed to purchase those items without going out to competitive bid as long as the Chairman concurs with the purchases.  The Code doesn't require the Board's ratification of those purchases.  However, she is asking for ratification today for auditing purposes.   

Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve all aspects of the County Manager’s CARES Act Update presentation including an advance to Rescue Outreach Mission of up to $100,000 and ratification of the following emergency procurements to date during COVID-19 Local State of Emergency: ServPro for disinfecting; Allied Health Organization for COVID-19 testing; World Housing Solutions for mobile vaccine trailer; and Ernst & Young for applicant portal.

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

Chairman Zembower commented there are guidelines set up for staff to make certain decisions, and he doesn't know that the Board needs to ratify each and every one of those since it's in staff's purchasing purview.  Bryant Applegate, County Attorney, clarified he requested Ms. Guillet ask for the ratification because it will put it into a legislative matter and help with auditing purposes down the road. 

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2020-2388

            Motion by Commissioner Carey, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming November 11th as Veteran's Day in Seminole County, Florida.

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

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Agenda Item #2 – 2020-2385

            Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt a Proclamation recognizing posthumously Equipment Operator Constructionwoman, Joyce McBride, United States Navy, as the November Veteran of the Month.

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

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Agenda Item #3 – 2020-2389

            Motion by Commissioner Lockhart, seconded by Chairman Zembower, to approve and authorize the Chairman to execute appropriate Resolution #2020-R-128 honoring Commissioner Brenda Carey and her contributions to the citizens of Seminole County upon her retirement.

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

Commissioner Carey was presented with flag that was flown on her birthday, September 21, at the request of Senator Rick Scott specifically in honor of her 16 years of service to Seminole County.

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Agenda Item #4 – 2020-2346

            Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation recognizing posthumously Anthony “Tony” Tizzio for his life of volunteerism.

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

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Agenda Item #5 – 2020-2391

            Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2020-R-129 recognizing the Centennial Celebration, 100-Year Anniversary, of The Greater Sanford Regional Chamber of Commerce.

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

CONSENT AGENDA

            With regard to public participation, Joseph Humphreys, 883 Cardinal Pointe Cove, on behalf of Cardinal Pointe HOA, spoke in opposition to Item #31, Resolution #2020-R-132 amending the Administrative Code, Section 30.25, providing for expanded circumstances for Release of Conservation Easements, and requested it be a public hearing item.

Bill Hyde, 2379 Audley Street, spoke in opposition to Item #23, approval of the Seminole County Attainable Housing Strategic Plan.

No one else spoke in support or opposition to the Consent Agenda, and public input was closed.

Chairman Zembower requested Item #7, Proclamation proclaiming the Celebration of the 100th Year Anniversary of Midway-Canaan City; Item #8, Resolution #2020-R-130 recognizing Native American Awareness Week; and Item #31, a Resolution amending the Administrative Code, Section 30.25, providing for expanded circumstances for Release of Conservation Easements, be pulled for separate discussion.

Commissioner Dallari requested Item #40, award of RFP-603947-20/BJC, Term Contract for Auditing Services for Seminole County Board of County Commissioners, be pulled for separate discussion.

Commissioner Lockhart requested Item #30, Third Amendment to Interlocal Agreement with the City of Altamonte Springs Relating to Road Transfers to transfer ownership and jurisdiction of an unnamed right-of-way, starting from the intersection of Jackson Street and Amanda Street and running westerly for approximately 282± feet (0.053 miles) to the end of this right-of-way, be pulled for separate discussion.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the following:

County Manager’s Office

Business Office

6.       Adopt a Proclamation proclaiming October 23, 2020, as the Day to Honor the 50th Anniversary of the Oviedo Rotary Club in Seminole County.  (2020-2358)

7.       Pulled for a separate discussion.

8.       Pulled for a separate discussion.

9.       Approve and authorize the Chairman to execute appropriate Resolution #2020-R-131 amending the Administrative Code, eliminating in their entirety, Sections 1.5, 2.5, 2.10, 3.10, 3.30, 3.5, and 3.51 and creating a new Section 1.5 Operating Policies and Procedures of the Seminole County Board of County Commissioners which includes Appendix A.  (2020-2383)

10.       Approve and authorize the Chairman to execute the Fourth Amendment to Seminole Work Opportunity Program Agreement with The Kathleen Anderson Comprehensive work Center, Inc., a Florida not-for-profit corporation d/b/a Inspire of Central Florida.  (2020-2397)

11.       Approve and authorize the Chairman to execute CARES Act Funding Agreements with the following not-for-profit agencies:  The Jewish Pavilion of Central Florida, Inc.; Feeding Children Everywhere, Inc.; Chaps Center, Inc.; Catholic Charities of Central Florida, Inc.; The Corey Donaldson Foundation, Inc.; Love Missions Global, Inc.; and Glorious Hands Incorporated.  (2020-2398)

12.       Approve and authorize the Chairman to execute the subrecipient CARES Act Funding Agreement with Ritz Community Theater Projects, Inc. d/b/a Wayne Densch Performing Arts Center in the amount of $5,000.  (2020-2396)

13.       Approve and authorize the Chairman to execute CARES Act Funding Agreements with the following select-service hotels:  Paaras, Inc. d/b/a Days Inn North Orlando; FL NAV Investors, LLC (Holiday Inn); Rainbridge II, LLC (Ramada Altamonte Springs); Yourway Hospitality, LLC d/b/a Springhill Suites-Sanford; Yourway Hospitality Lake Mary, LLC (Courtyard Lake Mary); HGILM Associates, LLC (Hilton Garden Inn); and Big Oaks Ranch, LLC.  (2020-2399)

14.       Approve and authorize the Chairman to execute a Letter of Support, to the Florida Department of Education, for Seminole State College's baccalaureate proposal in Public Safety Administration.  (2020-2392)

Economic Development

15.       Approve and authorize the Chairman to execute a Gift Commitment funding agreement for Foundation for Seminole State College of Florida, Inc., in the amount of $175,000 for services provided through the Seminole State College Center for Business Development.  (2020-2386)

16.       Approve and authorize the Chairman to execute the Business Incubator Partnership Agreement between with the University of Central Florida Research Foundation, Inc., in the amount of $250,000 for Fiscal Year 2020-21, for the purpose of supporting the UCF Business Incubator - Winter Springs.  (2020-2400)

17.       Approve and authorize the Chairman to execute a Tourist Development Tax Funding Agreement FY 2020-2021 with the Central Florida Zoological Society, Inc., in the amount of $300,000 for the FY2020-2021 funding allocation for marketing, advertising, maintenance, enhancements, repairs, and improvements.  (2020-2401)

 

 

 

Community Services

Business Office

18.       Approve the substantial amendments to the 2015-2019 Consolidated Plan and the FY 2019-2020 Annual Action Plan; authorize the Chairman to execute all corresponding documents and signature pages, the Standard Form SF-424 and SF-424D, all certification pages, Subrecipient Agreements, and subsequent Grant Agreements with HUD; and authorize Community Services Department staff to submit amendments to HUD for approval.  (2020-2354)

19.       Approve and authorize staff to submit substantial amendments to FY 2008-2009 Action Plan (NSP1) Amendment #4 and FY 2010-2011 Action Plan (NSP3) Amendment # 3 to update target areas and include a redevelopment strategy to build on foreclosed and abandoned vacant lots.  (2020-2368)

20.       Approve and authorize the Chairman to execute the Memorandum of Agreement between the Florida Department of Veterans’ Affairs and Seminole County on the Behalf of the County Veteran Service Officer to be an authorized user of FDVA’s VetraSpec technology.  (2020-2377)

21.       Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of October 2020.  (2020-2379)

Community Assistance

22.       Approve and authorize the Chairman to execute the Impact Homelessness - Homeless Partnership Agreements FY 2020-2021 with Homeless Services Network of Central Florida, Inc.; Health Care Center for the Homeless, Inc.; and Pathway Homes of Florida, Inc., in the total amount of $143,755 for continued support of the chronically-homeless population.  (2020-2402)

 

Development Services

Business Office

23.       Approve and accept the Seminole County Attainable Housing Strategic Plan.  (2020-2384)

Planning and Development

24.       Authorize the Chairman to execute a Satisfaction of Lien in the amount of $144.95 associated with the property located at 385 Meadow Beauty Terrace, Sanford; Greg H. Crocker.  (2020-2355)

25.       Authorize release of Performance Bond #CMS0332284 for Roads, Streets, and Drainage, in the amount of $315,071.35 and Performance Bond #CMS0332285 for Water and Sewer Systems, in the amount of $90,635.00 for the Wexham Court subdivision; Park Square Enterprises, LLC, Applicant.  (2020-2341)

26.       Approve the plat for the Hideaway Cove at Oviedo Phase 3 subdivision containing thirty-five (35) lots on 20.25 acres zoned PD (Planned Development), located on the east side of Simmons Road, ½ mile east of Lockwood Boulevard; M/I Homes of Orlando, LLC, Applicant.  (2020-2357)

27.       Authorize release of Performance Bond #60132196 for roads, streets, and drainage, in the amount of $206,546.17 for the Traditions at White Cedar subdivision; M/I Homes of Orlando, LLC.  (2020-2370)

 

Fire Department

Business Office

28.       Approve and authorize the Chairman to terminate the current Certificate of Public Convenience and Necessity (COPCN) for MCT Express, Inc. d/b/a United Medical Transportation and execute a new COPCN and Non-Exclusive Ambulance Franchise Agreement under the new company name, United Medical Transportation, LLC.  (2020-2382)

 

Leisure Services

Library Servcies

29.       Approve and authorize the Chairman to execute the State Aid to Libraries Grant Agreement and Certification of Hours, Free Library Service, and Access to Materials with the State of Florida, Department of State, for and on behalf of Seminole County Public Library System in anticipated acceptance of monies in State Aid to Library funds for library-related operating expenses; and approve the attached annual plan of service.  (2020-2364)

 

Public Works

Engineering

30.       Pulled for a separate discussion.

31.       Pulled for a separate discussion.

Facilities

32.       Approve and authorize the Chairman to execute the Final 2020 Renewal and Ninth Amendment to 25th Street (SR 46A) MVI Station Lease with Ahoy Marine, Inc., with an annual lease payment of $36,150 (annual increase of $995.64) and extending the lease term to December 31, 2025.  (2020-2352)

 

Resource Management

Budget

33.       Approve and authorize the Chairman to execute appropriate Resolution #2020-R-132 implementing Budget Amendment Request (BAR) #20-090 in the amount of $97,023,301 to reallocate expenditure budget from the General Fund to the Federal CARES Act Fund and appropriate funds in the BCC Projects Fund to facilitate the Seminole CARES Spending Plan.  (2020-2404)

34.       Approve and authorize the Chairman to execute appropriate Resolution #2020-R-133 implementing Budget Amendment Request (BAR) #20-091 through various funds totaling $6,221,017 to appropriate unanticipated revenues, transfer from reserves and reallocate expenditure budgets to facilitate the FY 2019-2020 year-end closeout process.  (2020-2374)

35.       Approve and authorize the Chairman to execute Modification #2 to Subgrant Agreement with the State of Florida, Division of Emergency Management for the 2018 School Shelter Retrofit program to increase the funding by an additional $325,000 for a total of $2,130,000; and to execute appropriate Resolution #2020-R-134 implementing Budget Amendment Request (BAR) #21-008 through the Public Safety Grant (State) Funds in the amount of $325,000.  (2020-2360)

36.       Approve and authorize the Chairman to execute appropriate Resolution #2020-R-135 implementing Budget Amendment Request (BAR) #21-009 through the Adult Drug Court Fund to establish budget for the Department of Justice Mental Health Court Grant award in the amount of $748,065.  (2020-2369)

37.       Approve and authorize the Chairman to execute appropriate Resolution #2020-R-136 implementing Budget Amendment Request (BAR) #21-010 through the Adult Drug Court Fund to establish budget for the Department of Justice Adult Drug Court Enhancement Grant award in the amount of $498,162.  (2020-2371)

38.       Approve and authorize the Chairman to execute the following grant modification agreements with the State of Florida, Division of Emergency Management for the  Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) to increase the total grant funding by $312,903:  Modification #1 to Subgrant Agreement, Contract #H0260, for Nolan Road Channel Drainage Project, Phase 1; Modification #1 to Subgrant Agreement, Contract #H0255, for Willow Avenue-Alhambra North of Lake Harriet Drainage Project, Phase 1; Modification #1 to Subgrant Agreement, Contract #0248, for Miller Road Culvert Drainage Project, Phase 1; Modification #1 to Subgrant Agreement, Contract #H0334, for Nebraska Avenue Bridge Drainage Project, Phase 1; and Modification #1 to Subgrant Agreement, Contract #H0328, for Hillview Drive Drainage Project, Phase 1; and execute appropriate Resolution #2020-R-137 implementing Budget Amendment Request (BAR) #21-011 through the Federal Mitigation Grant Fund in the amount of $312,903 to increase funding for the projects.  (2020-2361)

39.       Approve the submittal of two grant applications to the State of Florida Division of Emergency Management for submission of the Federal Emergency Management Agency (FEMA) Building Resilient Infrastructures and Communities (BRIC) Grant Program requesting up to $14,459,000 for the two projects.  (2020-2362)

Purchasing & Contracts

40.       Pulled for a separate discussion.

41.       Approve Work Order #29, for Greenwood Lakes Water Reclamation Facility Capacity and Facility Assessment, under PS-1822-18/TAD, for Continuing Engineering Services for Utilities Improvements, with Carollo Engineers, Inc., Orlando, in the amount of $166,926.33; and authorize the Purchasing & Contracts Division to execute the Work Order.  (2020-2365)

42.       Approve Change Order #3 to CC-2522-19/TAD, Landfill Gas Collection & Control System Expansion at Osceola Road Landfill, with Aptim Environmental & Infrastructure, Inc., Baton Rouge, LA, in the amount of $156,328.58; and authorize the Purchasing & Contracts Division to execute the Change Order.  (2020-2366)

43.       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 two (2) agreements for PS-3277-20/RTB, Subdivision Rehabilitation Program Consultant Services.  (2020-2359)

44.       Approve and authorize the Chairman to execute appropriate Resolution #2020-R-138 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)

 

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

Consent Agenda Item #7 – 2020-2395

Midway/Canaan City 100th Year Anniversary Proclamation

Chairman Zembower announced he received a letter from the State of Florida National Park Service advising that the Georgetown Historic District has been officially listed in the National Register of Historic Places.  (Letter included in Chairman’s Communications and/or Reports.)

Motion by Chairman Zembower, seconded by Commissioner Carey, to adopt a Proclamation proclaiming the Celebration of the 100th Year Anniversary of Midway/Canaan City in Seminole County.

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

Consent Agenda Item #8 -2020-2390

Native American Awareness Week Resolution

The Board expressed their appreciation of the Resolution.

Motion by Commissioner Carey, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2020-R-130 recognizing Native American Awareness Week in Seminole County, Florida.

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

 

 

 

Consent Agenda Item #30 – 2020-2356

Third Amendment to Interlocal Agreement with

City of Altamonte Springs Relating to Road Transfers

Commissioner Lockhart reminded that Amanda Street was discussed at the last meeting.  She expressed her concern for the portion of Amanda Street that is not being included in the handing over to the City of Altamonte Springs.  She requested the Board perhaps give staff direction that once this item is approved they give a concerted effort to that section of Amanda Street to mitigate any additional traffic.  Commissioner Carey mentioned there are many times when the cities have a portion of a road and then the County owns a portion.  If they're going to be doing some improvements to a portion of Amanda, maybe the direction is they work closely with the City of Altamonte Springs and that the County-owned portion of Amanda also be mirrored for whatever gets done out there so it's cohesive.  Commissioner Lockhart stated she wanted to make sure there was consensus in that direction before she made a motion.  No objections were voiced.

Motion by Commissioner Lockhart, seconded by Commissioner Carey, to approve and authorize the Chairman to execute the Third Amendment to Interlocal Agreement with the City of Altamonte Springs Relating to Road Transfers to transfer ownership and jurisdiction of an unnamed right-of-way, starting from the intersection of Jackson Street and Amanda Street and running westerly for approximately 282± feet (0.053 miles) to the end of this right-of-way, with the amendment that staff works with the City of Altamonte Springs to make sure the remainder of Amanda Street has traffic calming and amenities commensurate with what happens at the west end of Amanda Street.  (2020-2356)

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

Consent Agenda Item #31 – 2020-2363

Resolution Amending Section 30.25 of Administrative Code,

Release of Conservation Easements

Chairman Zembower requested staff give a quick presentation as to what this really is about so the public can understand what the Board is considering.  Ms. Guillet explained there is a provision in the Administrative Code that addresses conservation easements that says they can never, ever remove a conservation easement, which generally is everybody's consensus with respect to conservation easements.  The only exception under the existing code is if it was erroneously applied to begin with.  The County is different than the Water Management District or FDEP because those entities do allow revisions to conservation easements under certain circumstances, and what staff has tried to do is mirror those same circumstances.  If somebody were interested for whatever reason to remove a conservation easement, they would have to replace that easement through the purchase of mitigation credits or other comparable mitigation lands.  Class 1 wetlands, which are the most sensitive wetlands, are not eligible for that process.  They would apply to the County, there would be a review, they would have to submit sufficient documentation demonstrating their proposed mitigation, and then that application would be subject to an advertised public hearing before the BCC.  There are a number of hoops to jump through just to get to the Board and then a public hearing.  Additionally, this would only address conservation easements to the benefit of the County.  Oftentimes, there are multiple layers of conservation easements.  They're to the benefit of the County, but there's also one to the benefit of the Water Management District or DEP or some other entity.  This only addresses anything that's to the benefit of the County.  It is unusual to have a circumstance where they can never, ever change something.  Sometimes wetlands change over time and they're not of any value any more.  In those circumstances, it may be better to release it and have some other mitigation.  It is not a circumstance that has come up very often, but it has come up.  Staff wanted to present an option to the Board that would allow some sort of opportunity for people to have a similar avenue that they would have with the Water Management District or FDEP. 

Commissioner Constantine confirmed with Ms. Guillet this would only apply to Class 2 and Class 3.  Ms. Guillet clarified there are some areas where the wetlands wouldn't even be available for this process.  The Wekiva River Protection Area has a prohibition on impact to wetlands, so that is specifically identified as an area that would not be eligible for this process. 

There was Board discussion and Commissioner Carey suggested continuing to the next meeting so staff can do a little more work and provide more information.  No objections were voiced.

Motion by Commissioner Carey, seconded by Commissioner Lockhart, to continue to December 8, 2020, the request to approve and authorize the Chairman to execute a Resolution amending the Administrative Code, Section 30.25, providing for expanded circumstances for Release of Conservation Easements.  (2020-2363)

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

 

Consent Agenda Item #40 – 2020-2405

RFP-603947-20, Term Contract for Auditing Services

Commissioner Dallari commented MSL was doing the audit for the Tax Collector, and that could potentially have been a hinderance.  The Commissioner stated MSL has a lot of institutional knowledge, and he would hate to see that go by.  He recommended changing the ranking list with MSL, P.A., as Number One and Cherry Bekaert, LLP, as Number Two.

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to modify the ranking as follows:  (1) MSL, P.A., and (2) Cherry Bekaert, LLP; award RFP-603947-20/BJC, Term Contract for Auditing Services for Seminole County Board of County Commissioners, to MSL, P.A., Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement.  (2020-2405)

Commissioner Carey offered a friendly amendment to go back and negotiate the price with MSL.  If the ranking goes through and they are successful in doing that, then it would be awarded to MSL.  If they are not successful, it will go to Cherry Bekaert, LLP.  Commissioner Dallari agreed to the amendment.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk & Comptroller’s Office - Item #45

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve Expenditure Approval List dated October 13, 2020; Payroll Approval List dated October 15, 2020; and BCC Official Minutes dated August 11 and 25, September 9 (Budget) and 22 (Budget), 2020.  (2020-2373)

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

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

1.          Executive Orders #2020-048, #2020-049, and #2020-050 Extending the Declared Local State of Emergency for COVID-19.

 

2.          HOME Program Community Housing Development Organization Agreement with Housing and Neighborhood Development Services of Central Florida, Inc. (as approved by the BCC on July 23, 2010).

 

3.          Maintenance Bond #B1241202 (Streets, Curbs, Storm Drains) in the amount of $4,415.38 for the project known as Allure on Parkway.

 

4.          Conditional Utility Agreement for Water and Wastewater Services for the project known as Seminole Springs Retirement Community; Seminole Springs Retirement Community.

 

5.          Drainage Easement with Hideaway Cove at Oviedo Homeowners Association, Inc. for the project known as Hideaway Cove.

 

6.          Addendum #1 to Developer’s Commitment Agreement #20-20500025 for the Riverside Oaks Planned Development and Addendum #1 to the associated Development Order; Toll Southeast LP Company, Inc.

 

7.          Parks Contracts for Services for Louis Warren and Lauren Fuller.

 

8.          Tourist Tax Funding Agreement with Proswings.com LLC for the 2020 Battle of the Best.

 

9.          Tourist Tax Funding Agreement with Suncoast Athletics Sports Group, Inc. for the 2020 Florida State Championships.

 

10.            Tourist Tax Funding Agreement with Florida PGF, LLC for the 2020 The Gem.

 

11.            Tourist Tax Funding Agreement with Perfect Game, Inc. for the 2020 Fall World Series.

 

12.            Closeout to CC-2343-19 with Sanpik, Inc.

 

13.            Change Order #10 to CC-2466-19 with Morrissette Electric, Inc.

 

14.            Closeout to M-2548-17 with Asphalt Paving Systems, Inc.

 

15.            Amendment #1 to M-2599-19 with C.T. HSU & Associates, P.A.

 

16.            Change Order #1 to CC-2613-19 with Welsh Construction, LLC.

 

17.            Closeout to CC-2688-19 with Condor Construction Corp.

 

18.            Change Order #2 to CC-2696-19 with Linton Enterprises, Inc.

 

19.            Change Order #2 to CC-3036-20 with Advanced Commercial Contractors, Inc.

 

20.            PS-3066-20 with Schenkel & Shultz, Inc.

 

21.            CC-3186-20 with Yovaish Construction Services, Inc.

 

22.            RFP-602717-16 with P.T. Group of Apopka, LLC and Top Chef X-Press, LLC.

 

23.            First Amendment to RFP-602840-17 with Paradise Advertising & Marketing, Inc.

 

24.            Second Amendment to IFB-603258-18 with Allied Universal Corp.

 

25.            Third Amendment to IFB-603176-18 with Fausnight Stripe and Line, Inc.

 

26.            Eighth Amendment to PS-9742-14 with Jacobs Engineering Group, Inc.

 

27.            Third Amendment to RFP-9948-14 with Jacobs Engineering Group, Inc.

 

28.            Dismissal of Bid Protest, Release, and Covenant Not to Sue with The Collage Companies in connection with DB-2785-19 awarded to Wharton-Smith, Inc.

 

29.            Bids as follows:

 

BID-603946-20 from Bearing Point Construction, Inc.;

 

IFB-603967-20 from Ashberry Water Conditioning, Inc.; Odyssey Manufacturing Company;

 

IFB-603900-20 from Belfor USA Group, Inc.; Contractors Enterprises, Inc.; Elite Maintenance U.S.A., Inc.; Gemilang Solutions, LLC; Hughes Environmental, Inc.; Hydradry Inc.; Iver Facilities Management, LLC; No Virus Inside, LLC; Owens, Renz & Lee Co., Inc., d/b/a Owens Realty Services; Pathogend Georgia; Pure Air Control Services, Inc.; J. Dalton Enterprises, Inc., d/b/a Servpro of North Seminole County;

 

RFP-603793-20 from Elizabeth L. Stephens;

 

IFB-603903-20 from Dixie Lime and Stone Company; Gel, LLC;

 

IFB-603865-20 from Chinchor Electric, Inc.; The New Florida Industrial Electric, Inc.; Traffic Control Devices, Inc.;

 

IFB-603839-20 from Integrated Environmental Technology, LLC;

 

IFB-603872-20 from DraftPros, LLC d/b/a DraftPros, Inc.; Innovative Data Management;

 

RFP-603828-20 from Luke Transportation Engineering Consultants, Inc.; Metric Engineering, Inc.

 

RFP-603817-20 from GAPP Holding, LLC; and

 

RFP-603816-20 from COMANCO Environmental Corporation; Sunshine Enterprise USA, LLC.

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            Chairman Zembower recessed the meeting at 11:47 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials 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 Constantine, seconded by Commissioner Dallari, to adopt the recommendations of the Board’s Financial Advisor based on the presentation and report submitted, and direct the Clerk to implement said Board-adopted recommendations.

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

Agenda Item #46 – 2020-2387

Countywide Drainage Basin Status Update

Ms. Guillet reminded there was a previous meeting on Lake Harney.  Cory Hooper from Jacobs Engineering Group is going to talk about the prioritization process, how all the different drainage basin studies fit together, and the process they go through to help make recommendations to the Board on prioritizing drainage problems.  Mr. Hooper presented and reviewed the Countywide Drainage Basin Status Update PowerPoint, which was included in the agenda memorandum.

Commissioner Lockhart commented she would be interested in seeing the breakdown of flood hazard versus flood hazard and water quality.  At one point they are combined, and it would be helpful when looking at a cash flow forecast to have water quality as a line item.  As the Board looks at next year's budget, water quality is something they have talked about; but not seeing it broken down makes it a little difficult.  Mr. Hooper explained they tried to stay consistent with the way the funding was broken out in the referendum, which lumped them together as far as the pot of money goes.  All the projects are supposed to have a water quality component to them, so there should be some water quality improvements.  Even though their primary focus might be flood control, there still should be a water quality component.  However, they can add the flood control and the water quality to give some clarification to that.  Commissioner Lockhart confirmed with Mr. Hooper that when they are doing the ranking, they are ranking based on water quality as a component of the ranking score of 1 to 5.  She suggested maybe there is a way they could show it so the Board would know what portion of that ranking was water quality.  Rather than breaking it out completely, just highlight how it is ranked.  Mr. Hooper responded they could show the projects and the scoring in the ranking and provide that as a table to show how the different projects were scored by the team and have comments on that.  Chairman Zembower requested they also identify any of these studies that are going to cause possible flood insurance increases for property owners. 

Commissioner Carey stated showing the ranking will be helpful when putting all the titles on it.  If there is flooding in a residential area, that obviously is higher on the list than flooding in an area out in the plains or fields.  Showing that ranking on how they got to this ultimate ranking would help everybody understand it. 

Commissioner Dallari inquired if water quality included total maximum daily load, TMDL, and Mr. Hooper responded it is a portion of it but not everything.  The Commissioner inquired where they are with the State on TDML and with stormwater.  Mr. Hooper advised he would have to get back with them on that.  Commissioner Dallari stated the State keeps on giving numbers and every time the County gets closer to it, it gets pushed out.  He wants to make sure they are not chasing their tail.  That's another issue they should be talking about to state legislators and lobbyists.  If the State picks numbers, they need to keep people accountable.  The County is keeping themselves accountable, but they are not getting credit for it. 

Commissioner Constantine confirmed with Mr. Hooper that by ordinance, each new development is supposed to hold their own stormwater.  Mr. Hooper added there are some situations where there are releases.  The Commissioner inquired if there are any recommendations as to where the ordinances might be improved so more water can be retained on each project as opposed to what is happening today where they have more stormwater than it's actually holding.  Mr. Hooper explained that is something Florida as a whole is needing to look at.  The County’s ordinances are consistent with what the Water Management District and the State are guiding.  There are challenges in trying to implement that to a higher standard.  However, if it's something the County would like to be on the forefront of, they can start looking at that history.  There are resiliency issues that come up with whether it's stormwater management but how that flows over into utility and continuity of the roadway systems and things like that. 

Commissioner Carey noted the only time they have stormwater flooding issues is in situations when there is a lot of rain and the water table is high, which ebbs and flows.  The Water Management District issues permits in this category.  For the County to have an ordinance more stringent than the Water Management District is fruitless.  The State needs to look at their calculations, and everyone else needs to look at their calculations or give examples of where it's impacting and then try to lobby the State to change theirs. 

The Chairman inquired when Mr. Hooper believes he could provide the Board with the items requested, the additional scoring and ranking data.  Mr. Hooper advised they can have the scoring and ranking at the next commission meeting because they have that data, but they will need at least 60 days for the floodplain information and the TMDLs.  The Chairman suggested giving until February of 2021 if everybody was okay with that.  No objections were voiced.

 Agenda Item #47 – 2020-2271

Midway Basin Study Project Presentation

Ben Pernezny, CDM Smith, presented and reviewed the Midway Basin Engineering Study Presentation PowerPoint, which was included in the agenda memorandum.

Commissioner Carey stated with the Cameron Heights development, Cameron Avenue and Beardall both will have an opportunity as developments come through to make it a requirement to get additional right-of-way on those particular roads.  One of the issues they have had in trying to do some improvements in the Midway community has been the lack of willingness for the landowners to give even an easement.  Having community advocates can help assist the County in helping the people understand it only benefits the community when infrastructure improvements are made.  The Commissioner stated as developments do come, she wants to make sure staff is looking at the overall picture.  There is a lot of environmental cleanup that will have to happen on some of the properties if purchased because it was old farming land. 

Commissioner Lockhart inquired what the time frame is on the potential grant award.  Jean Jreij, Public Works Director, advised he believes January 2021 for the one that was approved at the meeting in September, and another application was approved for submittal today.  The Commissioner commented in regards to the old Midway Elementary School, the School Board was leasing it to Galileo while they are building their skyway campus.  As a former School Board member, she knows the School Board is always interested in property swaps or cash, so there's probably an opportunity to work out something.  Mr. Pernezny responded he thinks there are discussions going on.  They are following up with some of the County's real estate people to see if they can come up with an estimate to include in the final report.

With regard to public participation, Emory Green, Jr., Midway Coalition, 2240 Church Street, spoke in support.

No one else spoke in support or opposition, and public input was closed.

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Chairman Zembower recessed the meeting at 2:45 p.m., reconvening at 3:00 p.m.

PROOF OF PUBLICATION

            Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize the filing of the proof of publication for this meeting’s scheduled public hearing into the Official Record.

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

 

 

 

 

PUBLIC HEARINGS

Agenda Item #48 – 2020-2313

Nuisance Abatement Declaration Request – 2330 Church Street, Sanford

Liz Parkhurst, Building Division, addressed the Board to present the request, which was continued from the February 11, 2020, BCC meeting, as outlined in the agenda memorandum.

Upon Chairman Zembower's request to describe what kind of condition the property is in now as compared to the last time it was on the agenda, Mr. Pike, Building Official, explained as shown in the pictures included in the agenda memorandum, there are not any change other than just time has gone by and it's still in disrepair.  It's remained boarded up so it's not a safety issue as far as the public being able to go in there, but it's in pretty bad shape.  He has never been able to go inside.  Just from seeing the outside from areas that he could see, it's a pretty old structure and in very dire need of extensive repair.  He opined it would probably be cheaper to tear it down and rebuild a new structure than it would be to repair that one. 

With regard to public participation, Cheryl Smith, 1811 Harding Avenue, advised she previously came before the Board and discussed the possibility of her acquiring the property through adverse possession.  She has been in contact with legal aid but they were not able to assist her.  She then acquired a private attorney who is familiar with adverse possession, and she learned she could not adversely possess the property because it's heir property and had never been probated.  The attorney gave her two options to either open a probate, which could be a lengthy process and would also open it up for other family members to come in and try to assume the property, or she could locate as many heirs as she could find.  She is about 70% complete with that process.  There are still some direct heirs located out of state whom she is trying to track them down.  She is requesting a three-month continuance to allow her to contact these people and get the letter of consent for her to have the property. 

Commissioner Carey inquired what the process is to obtain clear title once all the heirs are tracked down and they sign off.  Ms. Smith explained once the heirs sign a quit claim, then it would be presented to a judge for final disposition.  Then she can register the property under her name.  Commissioner Carey noted it is difficult getting a court date due to COVID.  As long as the building is secured and the lawn is being maintained, she would suggest a continuance of six months.

No one else spoke in support or opposition, and public input was closed.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue to June 22, 2021, the request to adopt a Resolution issuing an Order to declare the existence of a Public Nuisance at 2330 Church Street, Sanford; require date-certain corrective action; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owner, Lula Randall.

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

Commissioner Carey stated if Ms. Smith is able to resolve this and bring the property into compliance prior to June 22, 2021, then there wouldn't be any reason for this to come back at all.  Chairman Zembower confirmed with Ms. Smith she understood, and Ms. Smith added she will remain in contact with Ms. Parkhurst.  Commissioner Carey advised Ms. Smith the property just needs to remain in compliance as much as possible in the meantime.

Agenda Item #49 – 2020-2274

2021 Capital Improvements Project Schedule Annual Update

Annie Sillaway, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.

Commissioner Carey inquired when the Oregon, Michigan, Nebraska, and Smith-Canal drainage projects will be completed.  Ms. Sillaway responded she will reach out to the responsible department to find out. 

Commissioner Constantine noted there are a number of sidewalk projects coming up, and stated he wants to make sure the community is aware when they will be happening.

Commissioner Lockhart advised she spoke to Tim Jecks, Resource Management, and asked if there might be an opportunity for reporting purposes next time to separate out sidewalks, resurfacing, and stormwater under transportation.  Mary Moskowitz, Planning and Development Services, reminded this is just the adoption of the already adopted CIP into the Comprehensive Plan.  Staff definitely is going to take everything the Board has mentioned and make sure they reiterate that with all the other departments.  However, this is something the Board already adopted when they adopted the budget in September.  This is just putting it into the Comp Plan.  Ms. Guillet commented there is time before starting the budget in the next CIP to restructure that.

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

Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt Ordinance #2020-29 containing the 2021 Capital Improvements Project Schedule Annual Update for the Seminole County Comprehensive Plan.

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

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Ex parte for all public hearings was submitted by all districts.

Agenda Item #50 – 2020-0022

Novel Parkway LSFLU Map Amendment and PD Rezone

Tim Graff, Crescent Acquisitions, LLC, Applicant

Danalee Petyk, Planning and Development, addressed the Board to present the request, which was continued from the October 27th BCC meeting, as outlined in the agenda memorandum. 

Charles Madden, Madden, Moorhead & Stokes on behalf of the Applicant, presented and reviewed a presentation (received and filed).  Mr. Madden reminded Lot 3 is bifurcated from the other lots.  It was at one time all one piece of property.  When the DOT came through and condemned the land for the expressway, it became bifurcated from the other property.  Mr. Madden advised there was a Zoom meeting with residents that lasted about 45 minutes long, and the majority of it was talking about Lot 3.  The residents were very concerned about the potential of a five-story or 50-foot-tall building across from the homes that back up to Wilson.  Having heard those concerns, the Applicant has agreed to prohibit that as a use.  The other uses on Lot 3 are limited to 35 feet in height, which is the same as a single-family house. 

Mr. Madden stated the other thing that was discussed was traffic on Wilson.  In the report that came back from the Department of Economic Opportunity, it noted the traffic impact to area roads is being reduced from the existing HIP-TI land use to what they are now proposing.  A traffic light warrant study is supposed to be done prior to final engineering, but it has already been done.  Their traffic consultant has said when this property is developed a traffic light will be warranted at that intersection.  The way that works is that everybody around that intersection that hasn't developed yet will have to pay their pro rata share for the cost of that traffic light as they develop. 

Chairman Zembower confirmed with Mr. Madden they have agreed to not have a storage use on Lot 3.  Commissioner Carey noted for staff Item J in the Development Order under permitted uses says self-storage permitted on Lot 3 only that, so that would need to be struck. 

With regard to public participation, Emily Turner, 1797 Tangled Oaks Court, submitted a written comment form in opposition. 

The following spoke in opposition:  Paul Michelson, 5363 Factors Walk Drive; Cindy Haller, 1731 Beacon Drive; Joseph Humphreys, 883 Cardinal Pointe Cove; Randal Turner, 1797 Tangled Oaks Court; Dennis West, 5336 Factors Walk Drive; Lizzie Haller, 1731 Beacon Drive; Wafa Esposito, 5040 Hawks Hammock Way; Linda Baker, 403 Still Forest Terrace; Richard Creedon, 1172 Apache Drive; George Sellery, 5231 Shoreline Circle; Eve Walden, 4775 Cains Wren Trail; Nancy Harmon, 752 Pioneer Way; and William Wills, 495 Still Forest Terrace.

Public comment and speaker forms received and filed.

Commissioner Lockhart responded to school capacity concerns and advised she serves representing the BCC on the Public School Facilities Planning Committee, which consists of all seven cities, the County, and the School District.  One of the things they are charged with is the modification of the Interlocal Agreement that addresses capacity.  Up until now, the Interlocal Agreement with the School District has prohibited any elected body from using capacity as a reason to deny a development request.  The PSFP met last week and unanimously agreed to modify the language to give the BCC more flexibility so they can consider school capacity in the future, but not now.  Commissioner Lockhart noted this area of the county is regional.  While Wilson may be the closest school, this area is zoned to a region which is comprised of three different schools, so they can't really look at just one school's capacity in determining that anyway.  Until and unless the Interlocal Agreement changes, they are not allowed to consider school capacity in this decision. 

Chairman Zembower requested staff reach out to Ms. Esposito in regards to green space requirements.

No one else spoke in support or opposition, and public input was closed.

Mr. Madden spoke in rebuttal to public comments stating they are consistent with everything the County has approved on the west side of International Parkway.  This entire property has been HIP-TI since that designation started in 1990.  HIP-TI allows a lot more intensive development than what they are proposing.  On Lot 3, they feel like they have been reasonable in trying to work with the neighbors in eliminating the potential taller development. 

Upon request of Chairman Zembower, Ms. Petyk reviewed the allowable uses under HIP-TI if no changes were made and she also explained what floor area ratio is. 

Commissioner Dallari confirmed with Ms. Petyk only 50% of it can be used for apartments with HIP-TI.  Ms. Petyk advised they're at around 52% for the square footage for apartment which is why they are requesting the PD.  Commissioner Dallari inquired how Parcel 3 is allowed to be a part of the PUD if it not connected.  Ms. Petyk explained a PUD does not have to be adjacent to each other and this is still one parcel.  They have had Planned Development approved in the past where it was not connected.  Chairman Zembower confirmed with Ms. Petyk they were originally part of the same tract. 

Commissioner Carey recalled the history of the area and Jeno Paulucci's vision of commercial and mixes of use along International Parkway and mix of residential in Heathrow.  Most of the future development is going to be infill development like this. 

Motion by Commissioner Carey, seconded by Commissioner Lockhart, to adopt Ordinance #2020-30 enacting a Large Scale Future Land Use Map Amendment from Higher Intensity Planned Development – Target Industry to Planned Development; adopt associated Ordinance #2020-31 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for approximately 14.75 acres, located southwest of the Wilson Road and International Parkway intersection with the amendment to strike Condition C(2)(j), self-storage as a permitted use on Lot 3, from the Development Order; Tim Graff, Crescent Acquisitions, LLC, Applicant.

Under discussion, Commissioner Lockhart commented there are some things she thinks they could talk about in terms of buffering that could make it even more palatable for the folks that will be driving down Wilson and the across-the-street adjacent property owners.  She referenced the frontage buffers in Tallahassee.  She thinks there is an opportunity to perhaps leave some buffering at the front for some tree preservation.  Commissioner Carey reviewed the buffers and waiver request with Ms. Petyk. 

Chairman Zembower inquired of Mr. Madden if they are going to change the fencing on Lot 3.  Ms. Madden responded the Applicant would be willing to increase the buffer on Lot 3 to 25 feet.  When they go through the engineering process for utilities, if there's mature trees in that 25 feet, they will keep as many as they can.  The same thing applies to the 15-foot that's adjacent the multifamily and the 25-foot in the commercial that they will make every effort to save as many mature trees in those buffers as possible.  To summarize, they will increase the buffer on Lot 3 to 25 feet, leave the buffer at 15 feet on Lot 1, and it will be 25 feet on Lot 2. 

Upon inquiry of Commissioner Lockhart, Mr. Madden explained the tree markers out there were done by the tree surveyor just for identification so he knows what he's located.  They have no idea what trees can stay or go.  They will be using the tree survey.  As you go through engineering, there's a lot of factors that go into whether a tree can be saved or not.  It is a benefit to the Applicant to save as many trees as possible.  That is also an advantage to the 6-foot aluminum fence because there are not any footers.  There's an opportunity to weave that a bit here and there in order to go around a nice tree they might be able to save in that buffer.

Commissioner Lockhart commented some of the things in the Renaissance Report that was included in the agenda memorandum were not reflective of how the County has developed in the area.  She requested staff address why it was included for the Board to use for decision-making purposes.  Ms. Petyk explained the report was given to the County in 2017.  The data that was used in the analysis is from 2011 to partway through 2016, which is immediately during and after the recession.  A lot of the data is outdated at this point because they mention certain things such as multifamily being more competitive towards Downtown Sanford which hasn't really been the case because it's been along International Parkway, which is where they said it would be office developing.  Their market studies are out of date because of the timing they did it in, in the postrecession years.  Since then, the multifamily developments have increased in Seminole County and office has stagnated.  There's 800,000 square feet of office already entitled that has not been constructed along International Parkway; and as far as she is aware, there's no desire to construct it any time soon.  That's why that report is outdated even though it's only a few years old now.  It was included in the staff report because one of the Commissioners asked it to be included.

Upon inquiry of Chairman Zembower regarding how many apartments or multifamily units can be built on this if it was HIP-TI, Rebecca Hammock, Development Services Director, explained in order to determine the number of residential units that could actually be built on the property, they would have to calculate the total square footage of any target industry uses that were proposed as well as any supportive retail.  The residential square footage would have to be less than 50% of the target industry uses.

Chairman Zembower inquired if anybody wanted to make a friendly amendment to the motion.  Commissioner Lockhart inquired of Commissioner Carey if she would be making the Applicant's change of the buffer on Lot 3 as part of her motion.  Commissioner Carey responded she would amend the motion that the buffer on Lot 3 is 25 feet, and the seconder agreed to the amendment.

Districts 2, 4, and 5 voted AYE.

Districts 1 and 3 voted NAY.

Motion passes 3 to 2.

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Chairman Zembower recessed the meeting at 5:20 p.m., reconvening at 5:30 p.m.

Agenda Item #51 – 2020-2380

Bartram’s Landing at St. Johns SSFLU Map Amendment and PD Rezone

M/I Homes of Orlando, LLC, Applicant

Joy Giles, Planning and Development, addressed the Board to present the request, which was continued from the October 27th BCC meeting, as outlined in the agenda memorandum.  Commissioner Constantine inquired what the vote was at the Planning and Zoning board meeting.  Ms. Giles responded the board voted unanimously to recommend denial of the request.

Mr. Madden displayed plans and diagrams (received and filed).  He advised they had a Zoom meeting with citizens and a couple of issues came up.  He stated they have tried to consolidate this project to people who are impacted by this project.  However, there are many people the Board will hear from tonight that are in the area that have drainage issues that don't have anything to do with this project. 

Mr. Madden reviewed the specifics of the drainage for this particular project.  There is an existing pipe that goes under North Oregon Street, and there is a ditch that runs over to the Smith Canal.  On the subject project, the drainage of the front half collects and drains through a pipe and through a ditch over to the Smith Canal.  The back half sheet flows to the north.  They have proposed a retention pond by the cul-de-sac and by North Oregon in order to run an outfall pipe underground from their pond directly to the Smith Canal.  By doing that, the north half of the property that would sheet flow into the property to the north is now going to be diverted to the retention pond, and the front half of the property that did drain over land through those ditches is now going to be piped underground via an easement.  In regards to the Smith Canal capacity, they will still be held to the Pre Post Rates that are for the front half.  The retention pond holds water back in order to make sure that the peak discharge rates that go to the Smith Canal do not exceed the predevelopment.  The drainage from the subject property that did go through the ditch is now going to be piped underground.  The ditch would still be there, but it would only be accepting the drainage that's around the ditch and not collecting that half from the subject property because it's now going to bypass that ditch via an underground pipe and go directly to the Smith Canal. 

Mr. Madden addressed traffic concerns and advised North Oregon Avenue is a current 30-foot right-of-way with a very small paved road.  They are dedicating 20 feet on their side to make it a 50-foot right-of-way.  They will be improving their entrance to County standards.  They are also responsible for running a sidewalk the full length on North Oregon.  A discussion did come out during the Zoom call that near the northern end on the right-of-way there are some nice trees.  They do not have a tree survey yet, but he would like the flexibility to be able to work with staff to save some trees if this project gets approved.  Mr. Madden discussed improvements to Orange Boulevard. 

He advised they did look at trying to reroute North Oregon to line up with South Oregon.  However, the gas company will not allow that because there's a gas line that goes down there and the gas line did previously explode.  They will let you cross gas lines at a road at a perfect 90-degree angle, but there's no way to do that here.  The gas easement is about 50 feet, and they're probably within 100 feet of some homes that back up there.  This project's closest house would be a couple hundred feet away, which is double what the houses on South Oregon are today. 

Mr. Madden reviewed a memorandum with the Orange Boulevard Special Area Study that was done in 2004 that was specifically done to analyze this area and the potential development of this area (received and filed).  Chairman Zembower confirmed with Mr. Madden this project is outside the Wekiva River Protection Area, WRPA.  Mr. Madden reviewed and compared the density and lot sizes of surrounding development to this project. 

Chairman Zembower inquired what assurances there are that the retention pond outfall underground piping to Smith Canal will be properly maintained and who will have the responsibility to do that.  Mr. Madden responded M/I Homes initially will own and maintain the easement, and then the easement will go on to the HOA. 

With regard to public participation, the following written comment forms in opposition were received:  Emily Turner, 1797 Tangled Oaks Court; Mary McClure, 1751 Beacon Drive; Shyrene Hamzehloui, 5405 Ohio Avenue; and Tammy Hamzehloui, 4755 Ohio Avenue.

The following spoke in opposition and addressed concerns including flooding, wildlife, gas pipe explosion, school capacity, and traffic safety:  Stacey McMonagle, 5121 Michigan Avenue, George Sellery, 5231 Shoreline Circle; Crystal Marmo, 1511 North New York Street; Joseph Humphreys, 883 Cardinal Pointe Cove; Randal Turner, 1797 Tangled Oaks Court; Cindy Haller, 1731 Beacon Drive; Justin Frost, 4847 Ohio Avenue; Sridhar Kantamneni, 4840 Ohio Avenue; Lizzie Haller, 1731 Beacon Drive; Tom Haller, 1731 Beacon Drive; Tabitha Gabor, 4851 Ohio Avenue; Peter Buis, 5376 Ohio Avenue; Richard Creedon, 1172 Apache Drive; Scott Richards, 5212 Michigan Avenue; and Wafa Esposito, 5040 Hawks Hammock Way.

Chairman Zembower recessed the meeting at 7:14 p.m., reconvening at 7:21 p.m.

Jason Lawlor, 130 Shady Branch Trail, Ormond Beach, the parcel/land owner, spoke in support.

The following continued to speak in opposition:  Angela Mills, 4750 Ohio Avenue; William Wills, 495 Still Forest Terrace; Charles Van Zandt, 4990 Nebraska Avenue; Patricia Ann Czar, 5395 Ohio Avenue; Linda Gurtis, 4971 Nebraska Avenue; and Nancy Harmon, 752 Pioneer Trail.

No one else spoke in support or opposition, and public input was closed.

Public comment and speaker forms received and filed.

Mr. Madden spoke in rebuttal to the public comments.  He agreed something needs to be done with that intersection in regards to traffic, and eventually the County is going to improve Orange.  However, in the meantime, they are dedicating the right-of-way at that intersection so they can make it safer.  They are going to be putting in 35-foot radiuses and a standard county right-of-way section to their entrance to make it much safer to get in and out of there than it is today. 

Mr. Madden stated half of their site already drains to the Smith Canal.  They are going to be limited to the peak discharge rates that go there today, even though they are taking the whole property.  Rather than sending it north towards Nebraska, taking it to the Smith Canal is the proper way to address the outfall from the retention pond.  They understand they have to work with the gas company and make sure that is done in a safe way. 

Mr. Madden commented according to the Orange Boulevard Special Area Study, this area has been expected to develop in exactly as they are proposing if all of the services and everything is there.  They think this request is completely reasonable based on the projects east and west of them, and they think they can adequately address the concerns for the safety at North Oregon and Orange and the stormwater outfall to the Smith Canal.

Commissioner Carey commented if there are issues with properties that were designed and they are not working properly, the County needs to be notified.  She advised the Planning and Zoning board is a board appointed by this Commission consisting of all laypeople.  It's community service.  County staff are the professional licensed planners and engineers, and they are the ones that review these to make sure they meet the codes in place today.  The County purchased 1,600 acres to preserve a place for the wildlife.  They have spent $6.5 million preparing Orange Boulevard for major renovation and $20 million is budgeted.  The new Fire Station #39 is coming in that area to serve the growth and development in that area.  The Commissioner noted flooding has been occurring out in this area long before any of this development has occurred.  The study done and updated in 2004 anticipated that that was going to be the trend of development out there.  There is industrial from I-4 up to North Oregon.  That gas pipeline is from the east side of I-4 over by the mall and comes over the car dealership.  It's 50 years old according to the report.  It's been there long before.  Those are all just things that will be dealt with during the engineering process.  She emphasized this is an infill parcel. 

Motion by Commissioner Carey, seconded by Chairman Zembower, to adopt Ordinance #2020-32 enacting a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development; adopt associated Ordinance #2020-33 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) on 8.85 acres, located on the north side of Orange Boulevard, 1 mile west of Monroe Road; and associated Development Order; M/I Homes of Orlando, LLC, Applicant. 

Commissioner Lockhart stated the Orange Boulevard Area Study identified a number of improvements that are needed in the study area to correct current deficiencies.  Urbanization of the Orange Boulevard area will advance the time of when the expenditures are necessary to correct deficiencies, and then it refers to Table 5 which displays a list of improvements needed.  The five projects are Main Channel northeast of Ohio; Ohio, New York, and Michigan area; Oregon Street and Michigan Avenue area; Orange Boulevard; and North Oregon Avenue. 

Commissioner Lockhart advised she had asked which of these five projects are in progress, completed, or on the horizon.  The response she received back from Jacobs Engineering Group was Projects 3 and 4, Oregon Street and Michigan, is designed and getting ready to go out to bid for construction.  Orange Boulevard is currently under design construction plan for early 2022.  Projects 1, 2, and 5 have been considered in the past and have run into feasibility challenges for multiple reasons.  Because this area is hydraulically connected to the St. Johns River, flooding problems are driven by tailwater conditions.  When the river is at a higher stage, there is less of an opportunity for these areas to drain.  Because they are near the outfall of the basin, there's a large contributing area.  In combination, this can cause prolonged flooding to these areas.  As a part of the stormwater master plan project planning process, it was agreed upon with county staff that the watershed needs to be evaluated as a whole and a watershed master plan because solutions need to be evaluated to reduce the volume of stormwater directed to this outfall and storage and alternative conveyance alternatives need to be evaluated.  The Lockhart Smith Canal Basin Study is currently being negotiated and is expected to kick off within a few months.  The study will be evaluating alternative solutions for this very challenging area. 

Commissioner Lockhart noted she read that into the record specifically because this problem isn't going away until this Board addresses this area as a whole.  She is concerned they are conflating issues here.  The low-density four dwelling units per acre is something she thinks is appropriate specifically on being at this corner.  They are in this tension with all of these infill projects with trying to maintain the integrity of what is there and the rights of the property owner that would like to develop with what is consistent with what is out there. 

Commissioner Carey noted the Commission can change the future land use maps if they feel that is appropriate.  Orange Boulevard is in the urban services boundary.  They have water, sewer, reclaimed, and everything out there.  They ran utilities out there for a reason. 

Upon inquiry of Commissioner Dallari, Mr. Madden stated they will dedicate the drainage easement to the County if they want it.  If the County doesn't want the drainage easement, then it will go to the HOA.  It's not uncommon if the HOA has it that the County still has some rights to get in there if they had to.  Commissioner Carey added they could get a dual easement and require the HOA in the development order to maintain it.  That would give the County the right by title in the easement.  Paul Chipok, Deputy County Attorney, advised in addition to County regulations, the developer is also going to have to secure a Water Management District permit.  As a matter of course, the Water Management District permit always is in two sections.  One is the construction permit and the other is the long-term maintenance permit.  Once it's constructed, there is a provision in the requirements of the permit that the homeowner association documents have to have a provision that the HOA has to remain in perpetuity, because under the Water Management District permit, there has to be an entity that is responsible for maintenance of the water management system.  That is taken care of at the Water Management District level.  The property is also going to be platted.  The easement will have to be recorded with the plat.  And as part of that easement, emergency access rights could be granted to the County, if necessary, but not an obligation to maintain the easement.

Commissioner Lockhart stated she feels everything north of Ohio needs to remain protected suburban estates.  She does think that low-density residential on this parcel is reasonable.  She would like to see if there would be some flexibility in putting some wider lots at the northern end.  Mr. Madden responded the density is an important element to M/I Homes in this because of the economics of the deal.  Currently from the north property line to the existing home, which fronts on the western leg of Ohio, it's 265 feet away, so there is a large buffer there; but he knows that neighbor didn't like the PVC fence.  They are going to be doing a 6-foot wall along North Oregon similar to the other M/I Homes project the Estuary.  They would be agreeable to doing a wall, instead of the PVC fence, against that neighbor that would match the one that would be on there.  Commissioner Carey amended the motion to include a wall across the northern boundary of the property as part of the development order, and the seconder agreed to the amendment.  

Districts 2, 4, and 5 voted AYE.

Districts 1 and 3 voted NAY.

Motion passes 3 to 2.

 

 

COUNTY MANAGER’S REPORT

Ms. Guillet advised at the last meeting, they talked about the Marquette Road closure request from the City of Sanford.  Fire Chief Drozd has some concerns about the impact to response times.  City of Sanford's Public Works director is not supportive of the closure either.  They also reached out to the Airport just to let them know what was going on.  Their preference would be that the road stay open to facilitate future development issues they might have.  Renaissance Planning Group is doing a small area study out there, and this is something they would be willing to consider as part of that study.  That is scheduled to be wrapped up around February.  Staff's recommendation at this point would be to ask Renaissance to take a look that as part of the small area study, and then staff can come back with some recommendations as part of that overall area study.  If everybody is comfortable with that, she will let the City Manager know that's what they are doing.  No objections were voiced.

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Ms. Guillet advised a name needs to be chosen for the new road being constructed at Five Points between 17-92 and Eslinger Way.  She is not asking for feedback today, but they will need to make a choice by the next meeting in December because they can't open the road without a name on it.  She has provided some options and suggestions.  Some of them have been cleared with the City of Sanford and some haven't.  She requested they pick their top three just in case there are some issues, because this is within the City of Sanford.  The City prefers not to name roads after individuals, but Community Relations staff did some great research on some people the Board might want to consider honoring. 

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Ms. Guillet advised they are working on project notification standards and processes and guidelines for everything from sidewalks to major road projects.  It does not require Board approval, but staff will circulate that with everybody. 

COUNTY ATTORNEY’S REPORT

Mr. Applegate thanked Commissioner Carey for her years of service and recounted stories of their work together.

 

 

DISTRICT REPORTS

District 5

Commissioner Carey thanked the Commission, staff, and the citizens for their work and partnership over the years.

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Commissioner Carey commented the District 5 Commissioner has always been the representative for Seminole County on the Wekiva Basin Commission, and she will be sending a note to the Governor's Office for the new District 5 Commissioner to be taking her seat there.  Commissioner Constantine advised he will also be making a formal request.

District 3

Commissioner Constantine reported on upcoming events and meetings he will be attending.

District 4

Commissioner Lockhart reported on the meetings and events she has attended.  She noted this Board asked her to serve as the BCC rep on the Superintendent Search Committee, and she has been selected to chair the committee. 

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Commissioner Lockhart confirmed with Ms. Guillet that the Board procedures adopted earlier today go into effect immediately.

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Commissioner Lockhart commented her name has been mentioned in the media a little bit because of her comments about the forensic report that came out for the Tax Collector's Office.  She clarified for the community that the BCC does not oversee the Constitutional Officers.  The Tax Collector in particular has made it very clear that his office reports to the Department of Revenue.  Current and prior Commissioners have tried very hard over the years to ask very pertinent questions of the Tax Collector.  She emphasized that this Board in no way, shape, or form has ever abdicated its responsibility nor has it been derelict.  She thinks they did exactly what they needed to do when the timing was right. 

Ms. Guillet added they did the forensic report because it was important to this Board, but they had to get the consent of the Interim Tax Collector in order to do that.  Commissioner Carey reminded they talked about trying to do an audit of that office the first year.  A lot of the Board's issues and angst with the Tax Collector have been because of behaviors they have absolutely no control over.  Even when the Board would comment to the Department of Revenue about the Tax Collector's budget requests, they would still approve things.  The Board has zero input and no appeal. 

District 1

Commissioner Dallari reported at MetroPlan Orlando, they have been known as one of the most dangerous communities for pedestrians.  Miami or South Florida is ranked #1, Tampa is ranked #2, and Central Florida is #3 nationally.  The Group helping to educate the public is Best Foot Forward.  The Commissioner requested a presentation from Best Foot Forward at an upcoming meeting.

District 2/CHAIRMAN’S REPORT

Chairman Zembower reported he attended the advisory meeting on the 10-year plan for the Little Big Econ State Park.  There is a problem getting equestrians and bicyclists safely across Snow Hill Road.  There was a lot of discussion about signage, etc.  Apparently, they were working with FDOT, but it is a county road.  The Chairman requested support to direct staff to reach out to those folks and see what can be done.  No objections were voiced.

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The Chairman stated on the Lake Harney Whitcomb Road Drainage Study, the Board directed staff to move forward with the LOMAR.  In talking with a lot of the community and staff, that is not a good idea at this juncture until there is an opportunity to discuss further impacts to that basin. 

Motion by Commissioner Dallari, seconded by Chairman Constantine, to approve Chairman Zembower’s request.

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

Chairman Zembower confirmed with staff they have direction to hold the LOMAR on the basin study.

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The Chairman stated he believes they need to consider giving a legislative priority to considering how to get more transparent with the Constitutional Officers for the citizens.  He clarified he doesn't desire to get into the Constitutional Officers' business, but he thinks they need to explore a path on how the citizens can truly have the transparency of the financials of those Constitutional Officers and what that means.  Maybe it's a legislative priority for the lobbyist.  Maybe it's something to consider for the charter review. 

Commissioner Constantine commented going the legislative route is going to be a can of worms when considering the other counties.  They looked previously into putting something in the charter about requiring an audit without permission.  Because they are a charter county, he thinks they have some flexibility there. 

Commissioner Carey recalled during the charter review process, they asked the charter review members to look at eliminating the Tax Collector.  The County pays the Tax Collector to collect the tax.  The County doesn't have to have a tax collector.  The Tax Collector at that time came and made a presentation and stated his case, and they decided maybe it was better to have a separate division. 

Ms. Guillet stated there was a discussion at the last charter review meeting to do a "truth in spending" initiative where all of the expenditures are reviewed publicly, are approved publicly, and the Clerk reviews them.  That's not true of the Constitutionals.  And there was some discussion about having a requirement that expenditures from Constitutionals be posted, but it didn't get any traction. 

Commissioner Dallari stated that was put on the ballot one year.  It was passed, the County got sued, and it got overturned.  He just wants to make sure they are not setting themselves up for another lawsuit. 

Mr. Applegate advised there is a new constitution amendment impacting a charter county's authority over Constitutional Officers.  As to the Tax Collector, he does not think they should have a lengthy discussion about what is going on.  The letter to the editor ignores the fact that the Board gave him, the County Attorney, the authority to go to Tallahassee and stop some things that were clearly inappropriate.  The Department of Revenue counsel's office agreed with him, and that saved a lot of money. 

Commissioner Constantine inquired of Mr. Applegate what options the Board has without going to the legislature.  Commissioner Carey suggested Mr. Applegate research it and come back with options. 

COMMUNICATIONS AND/OR REPORTS

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

1.          Letter dated October 22, 2020 to Chairman Zembower from Ryan W. Almasy, Manager of Operations Support Group, Air Traffic Organization of the Federal Aviation Administration, re:  FAA’s Final Environmental Assessment on potential environmental impacts of the South-Central Florida Metroplex Project.

 

2.          Letter dated October 27, 2020 to Chairman Zembower from Cynthia Torres, Seminole County Tax Collector’s Office, re:  Return to the County unused funds from FY2020 in the amount of $2,991,736.60.  cc:  Commissioners Constantine, Dallari, Lockhart, Carey; County Manager Nicole Guillet.

 

3.          Letter dated October 27, 2020 to Chairman Zembower from Ruben A. Acosta, Survey & Registration Supervisor, Florida Bureau of Historic Preservation, re:  The National Park Service officially listed the Georgetown Historic District in Sanford in the National Register of Historic Places. 

 

4.          Notice dated October 29, 2020 to the BCC from Traci Houchin, Sanford City Clerk, re: Public Hearing in connection with annexation request for 0.45 acres between 3rd Drive and South Street and between Roseberry Lane and Burrow Lane; proposed Ordinance #4575.

 

5.          Notice dated October 29, 2020 to the BCC from Traci Houchin, Sanford City Clerk, re: Public Hearing in connection with annexation request for 0.58 acres between E. Lake Mary Boulevard and N. SR 417 and between S. Sanford Avenue and N. SR 417; proposed Ordinance #4574.

 

ITEMS FOR FUTURE AGENDA

Joseph Humphreys, 883 Cardinal Pointe Cove, commented on the procedure and policy of speaking as an HOA representative.

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Listing of Speakers and Final Registrants received and filed.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:58 p.m., this same date.

 

ATTEST:_____________________________Clerk___________________________Chairman

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