BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

December 13, 2022

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, December 13, 2022, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Amy Lockhart (District 4)

Vice Chairman Andria Herr (District 5)

Commissioner Bob Dallari (District 1)

Commissioner Jay Zembower (District 2)

Commissioner Lee Constantine (District 3)

Interim County Manager Bryant Applegate

Acting County Attorney Paul Chipok

Deputy Clerks Chariti Guevara and Kyla Farrell

OPENING CEREMONIES

Pastor Jim Lynch, East Coast Believers Church, Oviedo, gave the invocation and led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2022-3793

Veteran of the Month – December 2022

Motion by Commissioner Herr, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming Senior Master Sergeant William Jacobs, United States Air Force, as Seminole County's December Veteran of the Month.

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

Agenda Item #2 – 2022-3821

Florida Scrub Jay as Official State Bird Presentation

Seminole High School Teacher Kris Cole and student members of the Seminole High School Wildlife Conservation Club addressed the Board and gave a presentation on their request for a Resolution of Support to designate the Florida Scrub Jay as the official state bird of Florida.

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve a Resolution in support of designating the Florida Scrub Jay the official state bird of Florida and designating it as the official bird of Seminole County.

Upon Board discussion, in order to accommodate the club’s request without jeopardizing it further down the road, Chairman Lockhart suggested amending the motion to have staff work with the club to bring back a resolution for adoption so the Commissioners can make sure they are okay with the verbiage. She inquired if the motioner and seconder were okay with that, and they agreed.

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

Agenda Item #3 – 2022-3816

Volunteer and Staff Appreciation for Hurricane Ian

Alan Harris, Chief Administrator, Emergency Management, addressed the Board to thank volunteers and staff for their work during Hurricane Ian.

Agenda Item #4 – 2022-3820

County Investment Advisor Report

Scott McIntyre, Hilltop Securities, presented the Investment Advisor’s Report as presented in the agenda memorandum.

With regard to public participation, no one spoke and public input was closed.

Motion by Commissioner Dallari seconded by Commissioner Constantine, to approve the implementation of the purchase recommendations of the Board’s Financial Advisor based upon the report submitted today and recommend the Clerk implement said Board recommendations.

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

CONSENT AGENDA

With regard to public participation, no one spoke and public input was closed.

Commissioner Zembower requested Item #34, RFP-604383-22, be pulled for a separate discussion. Commissioner Constantine clarified Item #25, BAR #23-011 to establish the new Hattaway Dr. Drainage Improvements Project, is a District 3 item and not District 4 as indicated in the agenda memorandum.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve Items #5 through #39, less Item #34.

Commissioner Constantine stated he would like to have a report on Item #37 instead of approving it with the Consent Agenda. The Chairman inquired if the motioner and seconder would be willing to amend the motion to remove Item #37 from the motion, and they agreed.

County Manager’s Office

Business Office

5. Adopt a Proclamation recognizing Pastors T.L. Smith and Cynthia Smith, Temple of Faith, for 34 years of leadership and service to the Seminole County Community. (2022-3822)

Human Resources

6. Approve the insurance renewal rates for SunLife Stop-Loss Insurance; and authorize the County Manager to execute the renewal agreement. (2022-3810)

Tourism Development

7. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-145 providing tournament personnel the ability to utilize golf carts on a specific segment of Lake Markham and South Sylvan Lake Roads for the Elite Clubs National league (ECNL) Girl's Tournament on January 6-8, 2023, and the ECNL Boy's Tournament on January 21-23, 2023. (2022-3798)

8. Approve and authorize the Chairman to execute the First Amended FY2022/23 Event Series Tourist Tax Funding Agreement with Perfect Game USA, Inc. in the amount of $475,806.60 for the 36 baseball events scheduled to take place in Seminole County to be held at the Boombah Sports Complex between October 1, 2022 - September 30, 2023. (2022-3803)

Community Services

Business Office

9. Approve the appointments of Kelly Welch, Community Health Program Manager; and Debbie Owens, Executive Director of the Seminole Prevention Coalition, to fill two vacant positions on the Board of Directors of the Local Health Council of East Central Florida, Inc. (2022-3826)

Community Assistance

10. Approve and authorize the Chairman to execute the Continuum of Care (CoC) Program Grant Agreement from the U.S. Department of Housing and Urban Development (HUD) for the Shelter Plus Care Program in the amount of $671,759 for the continuation of services for the chronically homeless in Seminole County. (2022-3804)

11. Approve and authorize the Chairman to execute the Mutual Termination of Seminole County/Embrace Families Solution, Inc. ESG Subrecipient Agreement FY2021-2022. (2022-3827)

Community Development

12. Approve the 2021-2022 Affordable Housing Incentive Report as presented; and authorize staff to submit the report to the Florida Housing Finance Corporation. (2022-3801)

Development Services

Building

13. Issue a determination that the unoccupied structures located at 1516 Bear Woods Lane, Apopka, are a Public Nuisance; and authorize the Building Official to: (1) serve a Notice of Determination, pursuant to Sections 168.5 and 168.6, Seminole County Code; and (2) set a date of February 14, 2023, for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code (Samuel Noh, Property Owner). (2022-3783)

Planning and Development

14. Adopt appropriate Resolution #2022-R-146 vacating and abandoning a portion of a five (5) foot wide platted drainage easement on Lot 1, Devon Green Phase 4, as recorded in the Public Records of Seminole County, Florida in Plat Book 74, Pages 68-69. (2022-3789)

15. Approve the plat for the Village on the Green subdivision containing one (1) lot on 75.95 acres zoned PD (Planned Development), located on the south side of Sabal Palm Drive, approximately 1,000 feet east of Wekiva Springs Road. (2022-3800)

16. Approve the plat for the Broadstone Retail subdivision containing four (4) commercial lots on five (5) acres, located at the southwest corner of W S.R. 46 and International Parkway. (2022-3817)

Environmental Services

Solid Waste Management

17. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN) for USA of Florida LLC and Hubbard Construction Company D/B/A Mid-Florida Materials effective from October 1, 2022, through September 30, 2023. (2022-3785)

18. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN) for Comfort House Inc. and Environmental One, LLC effective from October 1, 2022, through September 30, 2023. (2022-3796)

Leisure Services

Greenways and Natural Lands

19. Approve and authorize the Chairman to execute a Purchase Agreement related to Parcels #35 and #36 for acquisition of property interests needed for the Midway Loop - Roseland Park Improvement Project (12,600 ± SF) between Trenice Bryant and Seminole County for $198,900.00, as full settlement of any claim for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3813)

Public Works

Engineering

20. Approve and authorize the Chairman to execute an Underground Easement to Florida Power & Light (FPL) conveying the property interests needed to extend an electric line through County property to service the planned facility. (2022-3790)

21. Approve and authorize the Chairman to execute a Purchase Agreement related to Tax ID Nos. 16-19-30-5AC-0000-0860 & 16-19-30-5AC-0000-0086A for acquisition of property needed for the Narcissus Avenue Improvement Project between Monnar Investments, LLC and Seminole County for $39,200.00, as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to the parcel. (2022-3792)

Traffic Engineering

22. Approve and authorize Chairman to execute the Traffic Signal Maintenance Agreement between Kings Retail LP and Seminole County for a traffic signal on E. Lake Mary Boulevard at the plaza entrance for Kings Retail Property. (2022-3797)

Watershed Management

23. Approve and authorize the Chairman to execute an Aerial Spraying Authorization Letter between Seminole County and Vector Disease Control International, LLC for aerial spraying within Seminole County. (2022-3764)

Resource Management

Budget

24. Approve and authorize the Chairman to execute the State Financial Assistance Recipient Agreement with the State of Florida Department of Agriculture and Consumer Services in acceptance of the grant award of $78,578.57 to support the County’s Mosquito Control Program. (2022-3799)

25. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-147 implementing Budget Amendment Request (BAR) #23-011 in the 2014 Infrastructure Sales Tax Fund to transfer $643,829 from Reserves to establish the new Hattaway Dr. Drainage Improvements Project. (2022-3806)

26. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-148 implementing Budget Amendment Request (BAR) #23-012 in the 2014 Infrastructure Sales Tax Fund to transfer $2,124,096 in additional funding from Reserves for the Countywide Stormwater Basin Studies Project. (2022-3807)

27. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-149 implementing Budget Amendment Request (BAR) #23-013 in the Solid Waste Fund to transfer $348,724 from Reserves for the purchase of a replacement Landfill Caterpillar Bulldozer. (2022-3808)

28. Approve and authorize the Chairman to execute appropriate Resolution #2022-R-150 implementing Budget Amendment Request (BAR) #23-014 in the ARPA Grant Fund to transfer existing budget for the purchase of an upfitted Vehicle and Life Pak 15 for Fire Department Paramedicine program; total amount to be reallocated is $74,025. (2022-3811)

Purchasing and Contracts

29. Award RFP-604361b-22/TKH - Term Contract for Non-Emergency Disaster Transport Services to Avesta Healthcare LLC dba Florida Medical Transport, Winter Springs; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3716)

30. Award BID-604451-22/TKH to SkyBuilders USA, LLC, Orlando; and authorize the Purchasing and Contracts Division to issue the Purchase Order. (2022-3786)

31. Award IFB-604436-22/TKH - Term Contract for Seminole County Library Courier Services to National Trading Group, LLC, Celebration; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3805)

32. Award BID-604391-22/ESN - Sunland Park Shelter & Lake Dot Pavilion to William Medley Construction, Inc., dba Medley Sports Construction, Sorrento; and authorize the Purchasing and Contracts Division to issue the Purchase Order. (2022-3761)

33. Award RFP-604396-22/LNF – Term Contract for Pavement Management Data Collection Services to Data Transfer Solutions, LLC, Orlando; and authorize the Purchasing and Contracts Division to execute the Agreement. (2022-3791)

34. Pulled for separate discussion.

Risk Management

35. Approve the County’s Workers’ Compensation, Property, Casualty Package, Boiler and Machinery, Cyber and Internet Liability, Pollution Liability, Aviation Liability, and Federal Flood Insurance Programs for calendar year 2023; and authorize staff to bind coverages effective January 1, 2023. (2022-3809)

County Attorney’s Office

36. Approve the proposed settlement and authorize the County Attorney’s Office to execute a Joint Motion for Entry of Stipulated Final Judgment with property owners, Charles D. Butler, Terry Butler, and Lorene Butler, to settle an inverse condemnation case against Seminole County for $160,000.00 in full settlement, jointly and severally, of all claims for damages of any kind, including statutory interest, statutory and other attorney fees, expert fees and cost reimbursement. (2022-3814)

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk & Comptroller’s Office

38. Approve Expenditure Approval Lists dated November 1, 8, and 15, 2022; Payroll Approval List dated November 10, 2022; and BCC Official Minutes dated October 11, 2022. (2022-3815)

Clerk & Comptroller’s “Received and Filed” Documents

Sheriff’s Office

39. Approve the appropriation of $145,000 from Local Law Enforcement Trust Fund to provide funding to various support organizations within the community and $461,000 from Federal Law Enforcement Trust Fund for law enforcement equipment for Fiscal Year 2022/23. (2022-3823)

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

Item #34 – 2022-3742

RFP-604383-22

Commissioner Zembower stated service is currently done in-house under the fleet management program. He inquired why they are outsourcing service and repair of equipment, automobiles, and so forth. He opined they would be well-served to have subject-matter experts weighing in on RFPs. His concern with this RFP is it is not detailed enough. It opens the County up to being fleeced if proper protocol and industry standards are not followed, and the RFP is not written with enough oversight to allow that. There are different labor guides and standards, and if they don't follow the ones that best serve the County, as well as the industry, they could have somebody bid $120 an hour for work versus somebody that is $150 an hour and the $150-an-hour person could end up being cheaper because they have not put any standards of what labor guidelines they are going to follow, manufacturer's labor guidelines they are going to follow. He would like them to bring either a subject matter expert in to help with this one or he is happy to help, if it is the Board's desire, to give recommendations on how they can follow that. The Sheriff's Office has their own maintenance. He would like to see them coordinate with the Sheriff's Office and bring in a major combination of their fleet collectively. They should be talking to the manufacturers because they would allow the County to be a warranty and repair center under their umbrella which would prevent them from having to send things out. Commissioner Herr inquired if there was any urgency to this item.

Jean Jreij, Public Works Director, explained this is a miscellaneous agreement on an as-needed basis. They do all the service in-house, but sometimes there is a specialty they don't have. Discussion ensued. Chairman Lockhart suggested continuing this item to the next agenda.

Motion by Commissioner Herr, seconded by Commissioner Zembower, to table the request to award RFP-604383-22/LNF - Term Contract for Vehicle Repair Services to AF Motors, L.L.C. d/b/a Coggin Deland Ford Lincoln, Orange City; and authorize the Purchasing and Contracts Division to execute the Agreement.

Chairman Lockhart inquired if they were sure they wanted to table it. Commissioner Zembower made a friendly amendment to continue it to not date certain, and Commissioner Herr agreed with the amendment.

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

COUNTY ATTORNEY’S OFFICE (CONT’D)

Item #37 – 2022-3818 – Not in Sequential Order

Petition for Custody of Confiscated Animals

Mr. Chipok explained the animals are currently in the animal control shelter. They are holding them in custody for the court right now. They do not have permanent custody. They need a court order to give the County legal custody of the animals so they can be adopted out. Brief discussion ensued.

With regard to public participation, no one spoke and public input was closed.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize litigating a petition filed on December 2, 2022, in Seminole County Court that seeks to obtain permanent legal custody of dogs seized by Seminole County Animal Services during Seminole County case #2022CR002805A; and continuing pursuit of litigation to its conclusion.

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

REGULAR AGENDA

Agenda Item #40 – 2022-3812

Myrtle Final Development Plan/Dallas Austin, D.R. Horton, Inc.

Annie Sillaway, Planning and Development, addressed the Board and presented the item as outlined in the agenda memorandum

With regard to public participation, no one spoke and public input was closed.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve the Myrtle Final Development Plan DCA #22-20500010 containing twenty-one (21) lots on 14.27 acres zoned A-1 (Agriculture), located at the south side of Myrtle at the corner of Lake Avenue and Myrtle Street, approximately ¼ mile west of S. Sanford Avenue (Patricia Lively and Lydia Beahn, Property Owners).

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

COUNTY MANAGER AND STAFF BRIEFINGS

County Manager Search

Assistant County Manager Meloney Koontz reviewed the proposed interview schedule options (received and filed). After Board discussion, there was consensus on Option #2. There was Board discussion on whether the Commissioners would attend the public meet-and-greet. If they are attending, it will need to be advertised; and Mr. Chipok suggested advertising as a precaution in case any of the Commissioners want to attend. Chairman Lockhart stated to schedule it and plan for it, and they will take up the attendance as they get closer. Commissioner Herr suggested seeking the consultant's advice.

Chairman Lockhart confirmed there was consensus on Schedule 2, and they are going to do a meet-and-greet on Wednesday the 25th from 5:30 p.m. to 8:30 p.m. with or without Commissioners, and they will advertise if needed. No objections were voiced.

2023 Work Session Schedule

Ms. Koontz reviewed the proposed schedule options. There was Board discussion. Chairman Lockhart advised she and Ms. Koontz will sit down to revise the calendar taking into consideration the possibility of trying to restrict it to commission days only and looking at half days where they can, recognizing there will be the need to have some full days on the schedule. Then they will circulate the second draft. Commissioner Dallari inquired if it would be appropriate for the Commissioners to provide the dates they have conflicts, and the Chairman responded that would be helpful. Ms. Koontz advised there are two budget work sessions that need to be kept on the days they are currently scheduled because they are all day.

COUNTY ATTORNEY BRIEFING

Mr. Chipok provided an update on the SunRail Quiet Zone Application. Originally it came before the Board in 2020. The initial application was filed and authorization was given for the Chairman at that time to execute. The application was amended and resubmitted around 2021. They have just gotten it back, and there have been additional changes. They are about to file the second amended application, and it needs to be filed by the end of the year. They are still under the original authorization from 2020.

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the request.

Mr. Chipok stated he would like consensus that the current Chairman can sign the application under the original authorization.

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

Commissioner Dallari stated at some point he would like to have an update, either individually or as a group, on when this is going to be completed and the associated cost.

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Chairman Lockhart recessed the meeting at 11:27 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Chariti Guevara who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Zembower, seconded by Commissioner Dallari, 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 QUASI-JUDICIAL

All districts submitted ex parte communications (received and filed).

Item #41 – 2022-0040

Mecca Hammock Communication Tower

Mike Burkhead, Applicant

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

Commissioner Constantine asked about trees, and Ms. Hammel advised that would be a question for the applicant. She knows there will be trees removed, and there is not an opportunity to plant additional trees because they don’t want to disturb the surrounding wetlands any further.

On behalf of the applicant, Mary Solik, Esquire, addressed the Board. For the benefit of Commissioner Constantine, she explained the tower location is on the eastern side of the property; and they are utilizing what was an existing roadway to get into the property. The area is already, mostly, previously impacted; but she doesn’t have an exact calculation of how many trees are being impacted. Commissioner Constantine confirmed with Ms. Solik that they are only looking at that small area of the property, and the rest of the property will remain as is.

Ms. Solik advised she has a couple of proposed changes to the development order. On Item F, she would like to add language that the tower will be designed to accommodate a minimum of four carriers. They cannot control when all of the licensed carriers in the marketplace eventually collocate on the tower. On Item G, they would like to change the second part to read, “There will be a bird-watching camera installed, and the applicant will allow the County to livestream the footage.”

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

Commissioner Zembower stated he wants to make sure the following is locked-in in the development order: 1.) They make sure that a bond is carried so once the tower ceases to operate or be utilized/abandoned, it is removed from the landscape; 2.) The Sanford Orlando International Airport Board of Directors has voted unanimously that the tower must have a warning light on top of it to protect the Sheriff’s Office as well as all other aircraft in the area even though FAA does not require it. He asked if the applicant is willing to agree to both of those items. Ms. Solik answered yes. She advised the bond requirement is already part of the Code, so they have to do that as a matter of course. They will agree to the light, but they worked with the neighborhood to make sure that they had the least amount of aesthetic impact as possible. When you put a light on it, you change it from daylight to 24/7. She doesn’t want to be seen as throwing the neighbors under the bus on this particular requirement.

Mr. Chipok advised for Commissioner Zembower that, in this situation, the issue of the light is at the discretion of the Board. Commissioner Zembower confirmed with the applicant that a light could be added to the structure at any time.

Chairman Lockhart suggested they move forward with the development order as is, and take up the issue with the concerns of the Airport if the light could be added at a later date and not have it be something that is part of the development order. Mr. Chipok advised if they are not going to require the light as part of the development order today, they should at least reference that it will be addressed further, provided the applicant agrees with it, upon a final decision of the County; and they will put the light in if directed. Ms. Solik asked if they could address the light at Site Plan instead of having to come back and amend the development order, and everyone agreed that would be appropriate.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve the Special Exception and associated Development Order #21-32000001 for a 160-foot communication tower in the A-1 zoning classification, located on the south side of Tortuga Trail approximately one quarter mile south of Myrtle Street with the additions that a bond to go into the development order for the destruction or removal of the tower once it is no longer functioning; take up the issue of a light on top of the tower at Final Site Plan Configuration (Jennifer Artopoeus, Property Owner); Mike Burkhead, applicant; as described in the proof of publication.

Commissioner Herr advised she would like to make a friendly amendment to add the two requests from Ms. Solik on Items F and G. The motioner agreed.

At Chairman Lockhart’s request, Commissioner Zembower clarified his motion to approve the development order with the additions that a bond to go into the development order for the destruction or removal of the tower once it is no longer functioning; take up the issue of a light on top of the tower at Final Site Plan Configuration; amend the development order to indicate that it will be designed to handle four carriers and not necessarily have four carriers; and the applicant will supply the bird-camera footage to Seminole County, and the County will do what they want to with the film.

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

Commissioner Zembower asked that staff reach out to Sanford Orlando International Airport to get some solid evidence of what their requests are so they can move forward with those issues.

Item #42 – 2022-3777

Paddock Way PD Rezone

DLC Paddock Way, LLC, Applicant

Joy Giles, Planning and Development, presented the request as outlined in the agenda memorandum. Ms. Giles announced a revised Master Development Plan and associated documents were distributed this morning and also uploaded to the online noticed agenda. She advised staff recommends the Board deny adoption of the proposed ordinance.

Chad Moorehead, on behalf of the applicant, addressed the Board to present the project (presentation received and filed). He advised the Planning and Zoning Commission voted to recommend adoption of the ordinance to the Board.

With regard to public participation, Phillip Gaither; Anne Gaither; Cindy Haller; James Lee; MaryBeth Hansnn; Cecil Roberts, Jr.; Bill Hyde; Brannon Rue; and Erin Rue spoke in opposition. No one else spoke, and public input was closed.

Public Comment Forms were received and filed.

Mr. Moorehead addressed the Board to discuss some of the citizens’ concerns and answered questions from the Board. Discussion ensued regarding traffic. Mr. Chipok stated traffic concerns are typically addressed at the final engineering stage when a traffic study is required as part of the County’s subdivision regulations, so it is a little premature to address traffic at a rezoning stage. Commissioner Herr asked what they can do now. Mr. Chipok answered in regard to traffic directly, at the PD stage, the PD Master Plan just requires the point of access to be shown into and out of the subdivision as it’s being supplied. As far as specific road improvements, that is not typically part of the PD rezoning process. The County’s system is not set up that way. They have subdivision regulations which go into specific details and have the standards. Ms. Hammock noted because the urban area of the county is a traffic concurrency exception area, they are limited to only operational improvements; however, it is her understanding from Public Works that a traffic signal warrant analysis is going to be required for Lake Hayes and Alafaya, so that will be happening with final engineering. If it would make the Board feel more comfortable, there is the option to put a condition in the development order requiring a traffic signal warrant analysis; but that doesn’t guarantee a traffic light will go there. A lengthy question-and-answer period ensued, and the Commissioners shared their comments. Jean Jreij, Public Works Director, submitted a letter from the Fire Department regarding turn radius (received and filed.)

Chairman Lockhart recessed the meeting at 3:20 p.m., reconvening at 3:25 p.m.

Discussion continued. Mr. Chipok stated in this particular case, traffic does need to be analyzed at final engineering. He suggested a development order condition that a traffic study would be required to see whether or not a traffic light is warranted, and if so, at which intersection, and that the developer would contribute their proportion and fair share to the appropriate traffic light at the appropriate location. State Road 434 is a State road, and it is out of the County’s jurisdiction as to if and when a traffic light goes there; it is FDOT’s decision. However, the County can require the developer to request the traffic warrant or do the appropriate traffic study working with FDOT and also request them to participate on their fair share of the cost of that traffic signal.

Commissioner Dallari stated there are a couple extra conditions he would like to put on this development order. He advised a berm stabilization analysis needs to be done on the retention ponds, and Mr. Moorehead advised they do not object to that request. Commissioner Dallari stated his other condition is that some of the ten-foot buffer on Paddock Way needs to go to the Alafaya Woods side; only five-feet need to be on Paddock Way, and then 15-feet on the Alafaya Woods side. Also, not going vertical on any of the structures until all of the stormwater is completed. Mr. Moorhead agreed, but clarified the pipes may not be in but the stormwater ponds would be in and stabilized before they pull any building permits. Commissioner Dallari added the request that a traffic light warrant study would be done in that corridor either for Stillwater or Lake Hayes. Mr. Moorehead replied when they do the traffic study, they generally look at the intersections around it; so he doesn’t have an issue with that request. Commissioner Dallari stated as a future commitment, the applicant will come back to vacate the right-of-way. Also, the pinch point will be designed and built per NFPA requirements at the property line; Mr. Moorehead requested that condition be noted in the record.

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt Ordinance #2022-42 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Master Development Plan and Development Order for 34.73 acres, located on the north side of Lake Hayes Road, approximately ½ mile east of Alafaya Trail with the additional conditions of a traffic study with the traffic light requirements where they would pay their pro rata share of what’s required for that area; a berm stabilization analysis will be done; stormwater pond will be completed and all the major stormwater will be completed before any vertical structure; they will come back at a later date to request a vacate of the right-of-way at the 70-foot lot area; the pinch point area road will be designed per NFPA to handle firetrucks; and the wall will be at the property line; DLC Paddock Way, LLC, applicant; as described in the proof of publication.

Under discussion, Commissioner Constantine stated he still has a concern regarding the 46-foot right-of-way, and explained why he cannot support the motion.

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

District 3 voted NAY.

Motion passed 4 – 1.

Item #43 – 2022-0039

Fern Park Commercial Drive Thru Special Exception

Harris Civil Engineers LLC, Applicant

Ms. Hammel presented the request as outlined in the agenda memorandum. Ms. Hammel noted there were very recently updated conditions to the development order, and those updates are correctly reflected in the agenda backup.

Discussion ensued regarding the concern of traffic backing up due to the proximity of a Chick-fil-A.

Tim McCormick, on behalf of the applicant, addressed the Board and noted the stacking length is approximately 500 feet from the drive-thru window to Oxford Road roadway, which exceeds the County’s LDC. Chick-fil-A fronts on SR 436, so they will have different connections to the roadway; and he doesn’t see it combining any traffic or causing any traffic issues.

With regard to public participation, Geoffrey Longley spoke in opposition; no one else spoke, and public input was closed.

Public Comment Form was received and filed.

Mr. McCormick advised they would generate a traffic impact analysis for the intersection if required under the site plan application, and noted a traffic engineer could meet that request. Discussion ensued regarding the redevelopment of Oxford Road.

Motion by Commissioner Zembower, seconded by Commissioner Herr, to approve the Special Exception and associated Development Order #21-32000007 for a drive-thru in the C-2 zoning classification, located on the south side of State Road 436 at the southwest intersection of State Road 436 and Oxford Road (Fern Park Plaza LLC, Property Owner); Harris Civil Engineers LLC, applicant; as described in the proof of publication.

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

Item #44 – 2022-3784

Nuisance Abatement Declaration Request

1814 Knox Avenue, Sanford

Ruth Golsteyn, Building Division, addressed the Board and presented the request as outlined in the agenda memorandum.

Board questions ensued. Ms. Hammock discussed how this case has been handled through Code Enforcement and the nuisance abatement process. Mr. Chipok noted, per Chapter 168, for this process, the property must be abandoned and not physically occupied.

Karen Sanders, property owner, addressed the Board and advised she has an investor willing to purchase the property, but another owner is holding out. There is a pending petition to have that one owner removed from the deed so they can go through with the sale. She is asking the Board for an extension until the end of March 2023. Discussion ensued regarding the request.

Public Comment Form was received and filed.

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

Motion by Commissioner Herr, seconded by Commissioner Zembower, to continue to no later than April 1, 2023, the request to adopt a Resolution issuing an Order to declare the existence of a Public Nuisance at 1814 Knox Avenue, Sanford, with the requirement that Karen Sanders, property owner, is in contact with staff every 30 days between now and then and for staff to bring it back sooner if the circuit civil judge denies the dismissal or something else changes; require corrective action; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owners; Summons Service Report.

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

Commissioner Zembower asked if the County Attorney could call and explain the circumstances to the judge, and Mr. Chipok advised judges are often on their own schedule. Commissioner Herr suggested maybe they could write a letter to the judge, and copy the judicial assistant, indicating the action taken today.

COUNTY MANAGER’S REPORT

No report.

COUNTY ATTORNEY’S REPORT

No report.

DISTRICT REPORTS

District 1

Motion by Commissioner Dallari, seconded by Commissioner Herr, to reappoint Dennis Langlois and Tom Minter to two-year terms starting January 1, 2023, on the Agricultural Advisory Committee; and Paul Zuromski to a two-year term starting January 1, 2023, on the Historical Commission.

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

Commissioner Dallari discussed a new connection from the Lake Mary SunRail station to Seminole State College and noted the Santa Lucia Festival. He announced Ms. Grace LePane of Seminole County turned 107. He would like the Board to send her a letter to wish her a happy birthday. There were no objections. He announced the passing of Dr. Daniel Holsenbeck. Commissioner Constantine suggested a Resolution of Appreciation for Dr. Holsenbeck.

District 2

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to reappoint Clay Archey and Jim Hunter to two-year terms starting January 1, 2023, on the Agricultural Advisory Board; reappoint Mark Wesson to a one-year term starting January 1, 2023, on the Contractor Examiners Board; reappoint Christopher Loosier to a one-year term starting January 1, 2023, on the Library Advisory Board; reappoint Robert Hughes and appoint Deborah Bauer to two-year terms starting January 1, 2023, on the Historical Commission Board; reappoint Pasha Baker and appoint Joshua Memminger, who is replacing Joe Humphreys, to three-year terms starting January 1, 2023, on the Parks and Preservation Committee; and reappoint Cole Copertino to a four-year term starting January 1, 2023, on the Seminole County Industrial Development Authority; and appropriate Resolution #2022-R-156 to Joseph Humphreys for his service on the Parks and Preservation Committee.

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

Commissioner Zembower discussed the Asian Lantern Festival at the Central Florida Zoo. He distributed a new master plan (received and filed) for the Sanford Orlando International Airport and briefly reviewed it. Regarding the Parkstone neighborhood water supply, he has met with staff and the consultants to identify an alternative water source, which they may be able to leverage under the CFWI regulations and give the capability to have an addition CUP or credit towards their CUP. He encouraged staff since they’re spending money with those consultants, they get the letter of intent handled for the owners of Parkstone. It would be wise that they don’t spend a lot of money with their consultants moving forward if they don’t have that agreement in place on a letter of intent. He requested an update on that.

Commissioner Zembower noted recent road paving projects; a new traffic signal on Celery Avenue; the SR 417 extension to the Sanford Orlando International Airport study is well underway; and the Econ River Wilderness Area Hike and Habitat Restoration project.

District 3

Commissioner Constantine noted how well this year’s Ethics Training session went. He noted recent events he’s attended.

Motion by Commissioner Constantine, seconded by Commissioner Zembower, to reappoint Rex Clonts, Jr., and Shelley Nelson to two-year terms ending December 31, 2024, on the Agricultural Advisory Committee; reappoint Austin Beeghly to a four-year term ending December 31, 2026, on the Board of Adjustment; reappoint Lamar Stokes to a one-year term ending December 31, 2023, on the Contractor Examiners Board; reappoint Lynn Dictor, Donna Bundy, and Rosalie Wright Cook to two-year terms ending December 31, 2024, on the Historical Commission; and reappoint Rosemary Closson to a two-year term ending December 31, 2024, on the Library Advisory Board.

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

Commissioner Constantine talked about the FAC annual calendar. He announced the passing of Joe Kittinger, a previous Seminole County Veteran of the Year, and asked the Board to consider a Resolution for his family. No objections were voiced. The Commissioner discussed Friends of the Wekiva River and their program to build a pavilion at Katie’s Landing. Friends of the Wekiva River has asked Seminole County to waive the permitting fees. He has already spoken with the Development Services Director and the Interim County Manager, and they felt that that would be appropriate since it is a State park that will be used for the benefit of the community. Commissioner Constantine requested this topic as a future agenda item so that the Commissioners could receive more information before making a decision. There were no objections.

District 5

Motion by Commissioner Herr, seconded by Commissioner Constantine, to reappoint Heather McCandless for a one-year term ending December 31, 2023, to the Contractor Examiners Board; reappoint Marjorie Ostreich Smith and Beverly Mason for two-year terms ending December 31, 2024, to the Historical Commission; appoint Michael Lorenz for a four-year term ending December 31, 2026, to the Planning and Zoning Commission; and reappoint Amy Guilfoyle for a four-year term ending December 31, 2026, to the Seminole County Port Authority (SCOPA).

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

Motion by Commissioner Herr, seconded by Commissioner Dallari, to adopt appropriate Resolutions #2022-R-151 to Barbara Hughes for her service on the Agricultural Advisory Board; #2022-R-152 to Ellen “Lori” Patton for her service on the Code Enforcement Board; #2022-R-153 to Michael Caraway for his service on the Seminole County Industrial Development Authority; and #2022-R-154 to Bob Turnage for his service on the Planning and Zoning Commission.

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

Commissioner Herr read an email into the record from a Tall Trees subdivision resident commending Seminole County Building Inspectors. She thanked Chairman Lockhart for a donation she made to Animal Control in the name of one of Commissioner Herr’s dogs that passed away recently. The Commissioner noted she has been working with the folks on Mellonville Avenue regarding the work that is happening on the roads around there. There is an interest in keeping that road on the sidewalk list and moved up on the priority list. They want to be included in the traffic study, and they need speed-reading devices because they are exceptionally concerned about the trucks that continue to exit the airport down that road.

District 4/CHAIRMAN’S REPORT

Chairman Lockhart stated they used to receive an attendance report for each of their appointees on each of the boards and committees so they could see who was actually participating. Some of the boards have reported they have a hard time getting a quorum sometimes, and it’s frustrating for those who are there and want to engage and participate. She asked staff if they could get back into the habit of providing those attendance reports.

Regarding Board appointments, she explained the Sanford Airport Noise Abatement Committee had a resignation, and it was one of the Board appointments. They are asking for a new appointment; and the only application they received to fill that was from DJ Staub. Commissioner Dallari requested he be allowed to bring this item up at the next meeting because he believes he has a potential candidate. There were no objections. (This item was brought up again, and DJ Staub was appointed.)

Chairman Lockhart stated the Greater Orlando Sports Commission also had a resignation. In discussions regarding the replacement, the name Kurt Esser came up. He is currently on the advisory board, and the commission expressed interest in moving him on to the executive board. Mr. Esser is willing to do it.

Motion by Commissioner Dallari, seconded by Commissioner Herr, to appoint Kurt Esser to the Greater Orlando Sports Commission.

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

Chairman Lockhart handed out “Board Appointments (Upon ratification at the 12/13/2022 BCC meeting” (received and filed).

Motion by Commissioner Dallari, seconded by Commissioner Herr, to approve Chairman Lockhart’s recommendation as submitted.

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

Chairman Lockhart discussed a joint work session with the School Board. They need to talk about the interlocal agreement and sales tax, and the School Board is interested in having discussion on both of those items. Because those topics also impact the cities, she suggested they invite not only the School Board, but also the seven cities. She thinks it might help alleviate some of the issues. She asked for consensus of the Board to schedule a joint work session with the School Board and the seven cities to talk about those two issues. There was consensus.

Regarding the Sanford Airport Noise Abatement Committee, Commissioner Dallari stated he just received notification that the candidate he was interested in is actually DJ Staub.

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to appoint DJ Stuab to the Sanford Airport Noise Abatement Committee.

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

Discussion ensued regarding board appointments, and Chairman Lockhart shared her thought process as to how she made those appointments.

COMMUNICATIONS AND/OR REPORTS

1. Letter dated November 17, 2022, to Chairman’s office from John A. Gyllin, Executive Director, Foundation for Seminole State College of Florida, Inc. RE: Funding gift to the Foundation.

2. Letter dated December 5, 2022, to BCC from Heather Barnes, Executive Assistant, St. Johns Water Management District RE: 2023 Governing Board Schedule.

3. Letter dated December 6, 2022, to Chairman’s office from Melissa Corbett, Regional Planning Administrator Bureau of Community Planning and Growth, Florida Department of Economic Opportunity RE: Completed review of Comprehensive Plan Amendment No. 22-02ESR stating no objections. CC’d on letter: Rebecca Hammock Development Services Director, Hugh Harling, Executive Director, East Central Florida Regional Planning Council.

FUTURE AGENDA ITEMS

None requested.

PUBLIC COMMENTS (Items not related to the agenda)

Joseph Principe addressed the Board to discuss concerns regarding disability discrimination.

Isaac Abdelmessih addressed the Board to express his concerns regarding the refurbishment of a bridge over the Little Wekiva River in his neighborhood.

Bill Hyde addressed the Board to announce the Wreaths Across America event at the Oviedo cemetery.

Katrina Shadix addressed the Board to talk about Agenda Item #37, Petition for Custody of Confiscated Animals; and she briefly discussed a handout she submitted (received and filed) regarding a few different topics.

Wafa Esposito addressed the Board and discussed the importance of adding tree elements to road projects.

Written Comment Forms were received and filed.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:04 p.m., this same date.

ATTEST:_____________________________Clerk___________________________Chairman

cg/kf