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2024 06 24 City Commission Regular Meeting Agenda
CITY COMMISSION REGULAR MEETING AGENDA MONDAY, JUNE 24, 2024 - 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Seminole County Sheriff's Office & City of Winter Springs Agreement for Dispatching Services - FY 2025 Amendment 2 Seminole_County_Sheriff_s_Office_Agreement_for_Law_Enforcement_Dispatching_Services_- _2021_08_16_Executed.pdf Dispatching Services 2021 - Winter Springs - Amendment 2.pdf 301. Resolution 2024-11 recognizing the retirement of Lt. Bill Mayhugh from the Police Department. 302. Memorandum of Agreement between Coalition Partners with Central Florida Waste to Energy Initiative (CFWEI) Central Florida Waste to Energy Initiative (CFWEI) Memorandum of Agreement 303. Winter Springs Villages Connection to Reclaimed Water Main Extension and Construction Services Agreement - Amendment 1 Kimley Horn Amendment 1 304. Approval of the Minutes from the Monday, June 10, 2024 City Commission Regular Meeting 2024 06 10 City Commission Regular Meeting Minutes.pdf PUBLIC HEARINGS AGENDA 400. First Reading of Ordinance Number 2024-06: 1045 N HWY 17-92 Voluntary Annexation of 2 Real Property Annexation Report - 1045 N HWY 17-92.pdf Exhibit A - Application.pdf Exhibit B - Maps.pdf Exhibit C - Legal Description and Survey.pdf Exhibit D - Notifications.pdf Exhibit E - Legal Advertisement Exhibit F - Business Impact Estimate.pdf Exhibit G - Property Assessment Estimate.pdf Staff Presentation.pdf REGULAR AGENDA 500. CSA Engineering Services Stormwater Improvement Program CSA Engineering Services Stormwater Improvement Program.pdf 501. Designation of Voting Delegate to 2024 Florida League of Cities Annual Conference 2024 Voting Delegate Memo.pdf 502. New Business REPORTS 600. Interim City Manager Phil Hursh 601. City Attorney Anthony A. Garganese 602. City Clerk Christian Gowan 603. Seat Four Commissioner Cade Resnick 604. Seat Five Commissioner Rob Elliott 605. Mayor Kevin McCann 606. Seat One Commissioner/Deputy Mayor Matt Benton 607. Seat Two Commissioner Victoria Bruce 608. Seat Three Commissioner Ted Johnson PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. 3 Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 4 CONSENT AGENDA ITEM 300 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE Seminole County Sheriff's Office & City of Winter Springs Agreement for Dispatching Services - FY 2025 Amendment 2 SUMMARY The Seminole County Sheriff's Office (SCSO) and the City of Winter Springs desire to remain in a contractual agreement to consolidate emergency dispatching services for the City through the SCSO. Commission approved the consolidation of emergency service through SCSO at the August 9, 2021 regular commission meeting. Currently, the SCSO serves all of the municipalities in the county in the capacity of a Public Safety Answering Point (a centralized call center). The continued consolidation of communications services will be a transparent operational action to our residents and those in need calling for police or emergency medical services, as all non-emergency phone calls coming in through the business phone line number will remain constant. Emergency 911 calls will continue to be routed through SCSO regardless of landline or cellular phone origin. The police department continues to support this consolidation as it does not have the equipment or personnel to staff a communications center. FUNDING SOURCE The cost associated with this contract is $450,000 or $112,500 per quarter. This is a reduction of approximately 7.3% (FY-24 $485,800) from FY 24. Funding for this is budgeted annually within the general budget under 2140-530341, Other Services Contract/Administrative RECOMMENDATION Staff recommends City Commission to authorize the Interim City Manager, City Attorney, Mayor, and Police Chief to execute the contract addendum for FY 2025 and all applicable documents with the Seminole County Sheriff's Office for emergency dispatching services consolidation. 5 AGREEMENT BETWEEN the SEMINOLE COUNTY SHERIFF'S OFFICE and the CITY OF WINTER SPRINGS for LAW ENFORCEMENT DISPATCHING SERVICES THIS AGREEMENT is made and entered into by and between Dennis M. Lemma, as Sheriff of Seminole County on behalf of the Seminole County Sheriffs Office, a Constitutional Officer of the political subdivision of Seminole County, State of Florida, whose address 100 Eslinger Way, Sanford, Florida 32773, hereinafter referred to as SCSO", and the City of Winter Springs, whose address is 1126 East State Road 434, Winter Springs, Florida 32708,hereinafter referred to as"WINTER SPRINGS". WITNESSETH: WHEREAS, in accordance with Sections 163.01 (2) and 163.01 (14) Florida Statutes, SCSO and WINTER SPRINGS are authorized to enter into inter-local agreements for the provision of services; and WHEREAS, SCSO maintains seven days per week, twenty-four hour per day law enforcement dispatching services; and WHEREAS, WINTER SPRINGS has determined that it is advantageous for the city and its residents to contract with SCSO for the provision of law enforcement dispatching services. NOW, THEREFORE, in consideration of the mutual understandings and Agreements set forth herein, SCSO and WINTER SPRINGS agree as follows: 1. Term and Termination The term of this Agreement shall begin on the "transfer date," until September 30, 2024, the dates of signature of the parties notwithstanding, and shall be renewable for a new term thereafter upon mutual written agreement by both parties and in accordance with applicable clauses set forth herein. The "transfer date" is anticipated to be September 21, 2021, or such later date that is mutually agreed upon by both parties. This Agreement may be terminated by either party, with or without cause, by providing twelve months written notification in advance to the other party. Notification shall be by hand delivery or certified mail to the designated 1 6 representative listed in Section 10 Notices. In the event of termination, payment for services will be prorated to coincide with the date of termination. 2. Purpose The purpose of this Agreement is to provide law enforcement dispatch services for the Winter Springs Police Department and city residents as requested by WINTER SPRINGS. 3. Third Part:,-Beneficiaries This Agreement is intended to apply to the two parties to this agreement only and there are no third-party beneficiaries to this Agreement. 4. Coo)eration It is agreed that both parties shall provide all reasonable and necessary cooperation and assistance so as to facilitate this Agreement. 5. Basic Services A. SCSO a revs to• i) Provide law enforcement dispatching services for the Winter Springs Police Department twenty-four hours per day, seven days per week. In addition to 911 calls, other calls for services are to be directed to telephone numbers to be provided by SCSO and SCSO will dispatch WINTER SPRINGS police units in response. ii) Provide necessary instruction and training in SCSO's radio protocol and communications procedures necessary for the provision of dispatch services. iii) Maintain a numbered zone or other appropriate means of identification for calls received and dispatched for WINTER SPRINGS. iv) Keep adequate records and provide report data to WINTER SPRINGS or the general public in such formats and at such time intervals as are mutually agreed upon by both parties. v) Provide the WINTER SPRINGS Police Department twenty-four hours a day, seven days a week access to information contained in the Florida Crime Information Center System (FCIC), National Crime Information Center System (NCIC), National Law Enforcement Telecommunications System NLETS), other state and national criminal justice information systems, motor vehicle registry, drivers license registry, boat registry, and administrative information systems and other such databases currently available to law enforcement agencies. Access to this service is controlled by the terms and conditions outlined in the Interagency Agreement for Criminal Justice Computer Services and Support between WINTER SPRINGS and SCSO, Attachment A to this Agreement. vi) Provide for sufficient number of personnel, appropriately qualified, to perform law enforcement dispatch services set forth within this Agreement. 2 7 vii) The SCSO maintains the records for the dispatch center, however WINTER SPRINGS will remain the custodian of the dispatch records for the Winter Springs Police Department. In the event SCSO receives a public records request for WINTER SPRINGS records maintained by SCSO pursuant to this Agreement, SCSO will forward the request to WINTER SPRINGS and WINTER SPRINGS will be responsible for responding to such request. SCSO will not respond to any public records requests for WINTER SPRINGS records. viii) SCSO will maintain all WINTER SPRINGS dispatch records under this Agreement in accordance with Florida law. S. WINTER SPRINGS a gees to: i) Insure that the Winter Springs Police Department observes the instructions and standard operating procedures to be provided by SCSO for radio protocol and for coordination of dispatching efforts under the Agreement. ii) Provide adequate radio equipment, compatible with communications equipment utilized by SCSO, to City police officers. iii) In situations where the Winter Springs Chief of Police or any other Winter Springs officer needs to dispatch City police officers, an SCSO dispatcher is to be notified as soon as possible as to the nature of the call and the location to which the police unit was dispatched. iv) WINTER SPRINGS shall supply SCSO with a list of all personnel authorized to liaison with SCSO in regards to the provision of services as set forth within this Agreement. The Winter Springs Chief of Police shall also advise SCSO as to which types of calls reported and/or dispatched require notification to the Chief or designee(s). v) Winter Springs's non-emergency police department telephone number that can be reached by the public during the business hours, will at the very least have an after-hours message that instructs the caller to hang up and dial 9-1-1 if the call is an emergency. vi) It is understood by WINTER SPRINGS that the services called for in this Agreement only includes dispatch services for law enforcement activities and does not include dispatch service for non-law enforcement activities, telephone complaint report writing, or walk-in complaints directed to the Winter Springs Police Department. SCSO will refer any such telephone and walk-in complaints to the Winter Springs Police Department. vii)WINTER SPRINGS agrees to keep its dispatch center facility in an operational fashion (i.e. working phone lines and dispatch terminals) and allow SCSO full access and use of the Winter Spring's dispatch center facility following the transfer date of this contract to utilize during SCSO's Communication Center Expansion and Remodeling Project (the "Project") in order to facilitate SCSO dispatch center operations as needed during the Project. The Project is anticipated to be completed by March 31,2022. 3 8 C. BOTH PARTIES al xee: i) To fully comply with all terms set forth in this Agreement including attachments as applicable thereto, between SCSO and the Winter Springs Chief of Police. This Agreement includes Attachment "A" regarding the NCIC/FCIC databases, which is attached hereto and incorporated herein by reference. ii) That SCSO shall have and maintain all responsibility and control over the delivery of services as set forth herein, standards of performance, discipline of personnel and other matters incident to the performance of services, duties and responsibilities described and contemplated herein. iii) That SCSO's Communication Center Division employees are not employees of WINTER SPRINGS, and are not entitled to wages or benefits that belong to WINTER SPRINGS employees. iv) To transfer the employment of up to six (6) incumbent fall-time WINTER SPRINGS dispatch employees (Attachment B) and further agree: a. That SCSO will hire the six (6) incumbent employees, currently employed full-time by WINTER SPRINGS, to work in the SCSO Communications Division; provided they meet all employment requirements of SCSO. If any of the incumbents do not meet the employment requirements of SCSO, notification will be made to WINTER SPRINGS regarding incumbent's ineligibility as soon as practicable after making the determination. b. That the incumbent employees accepted for hire by SCSO will begin employment on the transfer date, their SCSO hire date, and in the job classification determined by SCSO and at their existing WINTER SPRINGS hourly rate of pay. c. That accumulated leave balances of up to 200 hours may be transferred to SCSO as PTO (personal time-off). Employees will accrue leave time under SCSO policy based on their date of hire with WINTER SPRINGS. That any remaining leave balances not transferred to SCSO will remain the responsibility of WINTER SPRINGS. d. That Group benefits will be provided as established for SCSO full- time employees. That WINTER SPRINGS will provide benefit plan coverage (i.e. health, dental, vision, etc.) for employees transferring through the end of the month following the month of transfer, to ensure that employees transferred do not have a lapse in benefit plan coverage. e. That SCSO will cover employees for pension under the Florida Retirement System (FRS) as new employees on the date of transfer and as provided through FRS. That all current pension plan benefits regarding WINTER SPRINGS pension plans will remain the responsibility of WINTER SPRINGS. 4 9 6. Compensation and Pavment A. Cost for Services Cost of services reflects SCSO's determination of the fair and reasonable share of WINTER SPRINGS's cost of SCSO's Communications Center. WINTER SPRINGS agrees to pay SCSO for services rendered as set forth in this agreement on a fiscal year basis (in the initial year of service pricing is prorated on a monthly basis, beginning with the month of implementation) commencing October 1St and ending September 30th of each year. Pricing will be provided to the City by July 1 st of each year for the ensuing fiscal year. Pricing shall be capped at a 5% growth per annum with the original pricing set at $458,000, the pricing for fiscal year 2021-22. The parties recognize that these services will be commenced at a mutually agreed upon transfer date, and the cost will be pro- rated at$114,500 per quarter, or$38,167 per month, if less than a full quarter. The annual amount is payable on a quarterly basis in accordance with the following payment schedule: Performance Period Pa\ment Due Oct. I St—Dec. 31St Nov. 151h January 1 st—March 31St February 15th April Is'—June 30th May 15th July 1'—September 30th August 15tb S. Pavments to be sent to All payments from WINTER SPRINGS to SCSO shall be sent to the following address: Seminole County Sheriffs Office Fiscal Services Division 100 Eslinger Way Sanford, FL. 32773 Ref. Law Enforcement Dispatching Services Agreement 7. Indemnification/Liahili Pursuant to 768.28(19) Florida Statutes, neither SCSO nor WINTER SPRINGS waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this Agreement. This Agreement does not contain any provision that requires one party to indemnify or insure the other party for the other party's actions, or to assume any liability for the other party's actions. Each Party agrees that it is solely responsible for the wrongful acts of its officers, employees, agents and volunteers. 5 10 8. Authority over SCSO. Both PARTIES agree that WINTER SPRINGS's determination to cause the provision of services by this Agreement is an exercise of the legislative function of WINTER SPRINGS and that at no time will WINTER SPRINGS exercise any specific operational control over the activities of SCSO. 9. Dis mte Resolution This Agreement shall be governed by and construed with the laws of the State of Florida. Venue shall be in Seminole County, Florida. The SCSO Communications Division Director or his designee and the WINTER SPRINGS Chief of Police or his designee shall resolve minor disputes. 10. Notices Whenever any party desires to give notice unto the other party, notice may be sent to: For SCSO Lisa Spriggs, Chief of Administrative Services Seminole County Sheriffs Office 100 Eslinger Way Sanford, Florida 32773 For WINTER SPRINGS Shawn Boyle, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 11.Assignment This Agreement may not be assigned, in whole or in part, by any of the parties without the express written consent of the other party. 12. Entire A=reement It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous Agreement presently in effect between the parties relating to the subject matter hereof. Any alterations, amendment, deletions, or waivers of the provisions of the Agreement shall be valid only when expressed in writing, approved by the respective parties and duly executed on behalf of each party as set forth herein. 13. Filing with Clerk of the Court This Agreement will become effective upon filing with the Seminole County Clerk of the Court. WINTER SPRINGS agrees to file this Agreement with the Clerk of Court within 10 days of the last date of execution. 6 11 IN WITNESS WHEREOF, the parties to this Agreement have caused their name to be affixed hereto by the proper officers thereof for the purposes herein expressed. City of WINTER SPRINGS ZSe --- e County Sher' s ffice r By: Kevin MkE: ann By: Dennis M. Le Mayor Seminole County Sheriff ATTEST- By: Christian Gowan, City Clerk Date Date 0 4 •. c v' to Z O "Y ViE.Cotjol •4 '. e4o 12 Attachment A: NCIC/FCIC DATABASES In accordance with policies and procedures set forth by the Federal Bureau of Investigation(FBI) and the Florida Department of Law Enforcement (FDLE) concerning the use of NCIC and FCIC databases,the following applies: The City of Winter Springs Police Department hereinafter shall be referred to as the Owner of the Record. The Seminole County Sheriff's Office shall hereinafter be referred to as the Holder of the Record. The Seminole County Sheriffs Office Communications Division shall be responsible for entering records into the NCIC/FCIC automated systems. SCSO's responsibilities: 1. The Holder of the Record shall be responsible for updating all records maintained in the NCIC and/or FCIC automated systems. 2. The Holder of the Record shall be responsible for confirming a hit on a record in accordance with policies and procedures established by the FBI/NCIC and the FDLE/FCIC system on behalf of the Seminole County Sheriff's Office. 3. The Holder of the Record shall be responsible for removing records from the file in accordance with established NCIC/FCIC policies and procedures. WINTER SPRINGS'S responsibilities: 1. The Owner of the Record shall notify the Holder of the Record immediately when any record covered under the terms of this Agreement is to be cancelled or modified in accordance with applicable NCIC/FCIC procedures. 2. The Owner of the Record shall provide complete supporting documentation to the Holder of the Record prior to initial record entries being made. 3. The Owner of the Record shall validate each record covered under the terms of this Agreement in accordance with NCIC/FCIC policies and procedures. If the City of Winter Springs Police Department maintains a direct connect NCIC/FCIC workstation, the City of Winter Springs Police Department still must sign an FDLE Criminal Justice User Agreement. rV •` so 1'q jam.J hY S Y Fd Qt '•3 13 Attachment B: WINTER SPRINGS FULL-TIME DISPATCH EMPLOYEES Last Name First Name Date of Hire 1 Hourlv Pav Rate Kle in Jennifer 12/27/1999 20.94 Brana Shell 12/15/2005 21.09_1 Lewis Cristen 11/2/2016 15.08 Koch Nicholas 4/3/2017 15.28 Pe Brand 5/21/1018 15.75 , McCoy Helen 5/26/2020 14.89 9 14 Seminole County Sheriff's Office / City of Winter Springs Agreement for Law Enforcement Dispatching Services – Amendment 2 THIS SECOND AMENDMENT is made to that certain Agreement made and entered into on the 21st day of September, 2021 between the City of Winter Springs (WINTER SPRINGS) and Dennis M. Lemma, Sheriff on behalf of the Seminole County Sheriff’s Office (SCSO). WITNESSETH: WHEREAS, WINTER SPRINGS and SCSO entered into the above referenced Agreement on September 21, 2021 for Law Enforcement Dispatching Services; and WHEREAS, Section 12 of the above reference Agreement requires all changes to the Agreement to be in a written document executed by both parties; and WHEREAS, the Parties desire to amend the Agreement so as to enable both Parties to continue to enjoy the mutual benefits it provides. NOW THEREFORE, in consideration of the mutual understandings and agreements contained herein, the Parties agree to amend the Agreement as follows: 1. In accordance with Section 1, Term and Termination, this Agreement will be renewed for an additional five (5) year time period beginning October 1, 2024 and ending September 30, 2029. 2. Paragraph 6(A). Compensation and Payment, Cost for Services is hereby amended to read as follows: Cost for Services: WINTER SPRINGS agrees to reimburse SCSO for dispatching services as set forth in this Agreement for services to be rendered in FY 2024/25 commencing October 1, 2024 and ending September 30, 2025 in the amount of $450,000 payable quarterly in accordance with the following schedule: Performance Period Payment Amount Payment Due Oct. 1, 2024 – Dec. 31, 2024 $ 112,500.00 November 15, 2024 Jan. 1, 2025 – Mar. 31, 2025 $ 112,500.00 February 15, 2025 Apr. 1, 2025 – Jun. 30, 2025 $ 112,500.00 May 15, 2025 July 1, 2025 – Sep. 30, 2025 $ 112,500.00 August 15, 2025 All provisions of the Agreement for Dispatch Services, except as amended herein, shall remain in full force and effect. 15 IN WITNESS WHEREOF, the parties agree to the changes set forth herein, the dates of signature of the parties notwithstanding, hereafter referred to as Amendment 1 to the Dispatch Services Agreement previously entered into by the parties on September 21, 2021. City of Winter Springs Seminole County Sheriff's Office _________________________ ___________________________ Kevin McCann Dennis M. Lemma Mayor Seminole County Sheriff _________________________ ____________________________ Date Date Winter Springs Police Department _________________________ Matt Tracht Chief of Police _________________________ Date 16 CONSENT AGENDA ITEM 301 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE Resolution 2024-11 recognizing the retirement of Lt. Bill Mayhugh from the Police Department. SUMMARY Lieutenant Bill Mayhugh began his career with the City of Winter Springs as a Police Officer on January 18, 2001. During his career, he has held several assignments that have contributed to the success of the police department, including patrol, and he is a motor officer and a member of the Traffic Unit. As his career progressed, Lt. Mayhugh was promoted to the rank of Sergeant, where he utilized his vast experience within the Operations Bureau, where he supervised a patrol shift and oversaw our K9 unit, training, accreditation unit, Community relations unit and volunteer program. Lt. Mayhugh would later be promoted to Lieutenant, where he would assume the role of Watch Commander in the Patrol Division. Lt. Mayhugh would then transfer to the Criminal Investigations Bureau, overseeing the day-to-day operations of both Investigations and Property and Evidence. Lt. Mayhugh served this City with distinction and honor for 23 years and will retire from service with the City of Winter Springs on June 28, 2024. As is customary for long- tenured employees who have reached retirement from service with the City, the Commission has desired to formally recognize them for their service via the presentation of a Resolution designed for this purpose. FUNDING SOURCE RECOMMENDATION Staff requests the Commission to review and approve Resolution 2024-11 to be presented to Lt. Bill Mayhugh. 17 CONSENT AGENDA ITEM 302 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE Memorandum of Agreement between Coalition Partners with Central Florida Waste to Energy Initiative (CFWEI) SUMMARY Seminole County is taking the lead and has submitted a CPRG application, including letters of intent or letters of support to the EPA for the CPRG. If awarded, Seminole County will receive grant funds from the EPA for an approximate amount of One Hundred Seventy-Four Million Eight Hundred Thirty-Seven Thousand Two Hundred Fifty-Two dollars ($174,837,252.00) for the CFWEI, which will result in a regional wastewater biosolids to renewable natural gas processing facility that will benefit Seminole County, Osceola County, Orange County, City of Orlando, City of Altamonte Springs, City of Oviedo, City of Winter Springs and Tohopekaliga Water Authority and the community at large. The proposed project seeks to revolutionize biosolid management in wastewater treatment facilities throughout the metropolitan areas by offering environmental benefits, economic opportunities, and a blueprint for sustainable practices. FUNDING SOURCE RECOMMENDATION Staff is requesting the City Commission approve a Memorandum of Agreement (MOA) with Seminole County, Osceola County, Orange County, City of Orlando, City of Altamonte Springs, City of Oviedo, City of Winter Springs and Tohopekaliga Water Authority to possibly receive a grant for the development of a regional wastewater biosolids to renewable natural gas processing facility that will benefit Seminole County, Osceola County, Orange County, City of Orlando, City of Altamonte Springs, City of Oviedo, City of Winter Springs and Tohopekaliga Water Authority and the community at large. The collaborative effort is entitled Central Florida Waste to Energy Initiative (CFWEI). 18 Memorandum of Agreement between Coalition Partners with Central Florida Waste to Energy Initiative (CFWEI) Introduction: This is a request for City Council to approve a Memorandum of Agreement (MOA) with Seminole County, Osceola County, Orange County, City of Orlando, City of Altamonte Springs, City of Oviedo, City of Winter Springs and Tohopekaliga Water Authority (the Parties) to possibly receive a grant for the development of a regional wastewater biosolids to renewable natural gas processing facility that will benefit the Parties and the community at large. The collaborative effort is entitled Central Florida Waste to Energy Initiative (CFWEI). Discussion: Biosolids generated by wastewater treatment facilities pose significant environmental challenges, specifically those directed towards landfills or land application for final disposal. The City of Winter Springs currently hauls over two (2) tons of bios olids waste, per week, produced at the Winter Springs Water Reclamation Facilities to Shelley’s Septic Tank, Inc. located in Zellwood, Florida for land application. The United States Environmental Protection Agency (EPA) provides financial assistance through the Climate Pollution Reduction Grant (CPRG) to states, local governments, tribes, and territories to develop and implement plans for reducing greenhouse gas emissions and other harmful air pollution. Prior to an award of the CPRG, EPA requires all members of a coalition to submit a signed Agreement by July 1, 2024, outlining the elements specified by the EPA . Seminole County is taking the lead on behalf of the Parties and has submitted a CPRG application, including letters of intent or letters of support from the Parties, to the EPA for the CPRG. If awarded, Seminole County will receive grant funds from the EPA for an approximate amount of One Hundred Seventy-Four Million Eight Hundred Thirty-Seven Thousand Two Hundred Fifty- Two dollars ($174,837,252.00) for the CFWEI, which will result in a region al wastewater biosolids to renewable natural gas processing facility (Facility) that will benefit the Parties and the community at large (Project). Through collaboration with a select third-party private entity, the CFWEI aims to capture methane gas from biosolids and convert it into Renewable Natural Gas (RNG). The proposed project seeks to revolutionize biosolid management in wastewater treatment facilities throughout the metropolitan areas covered by the Parties, offering environmental benefits, economic opportunities, and a blueprint for sustainable practices. By leveraging innovative technologies and strategic partnerships, the program aims to revolutionize biosolid management, mitigate greenhouse gas emissions by reducing overland hauling, and create multiple revenue streams. 19 Honorable Mayor and City Council Members June 17, 2024 Page 2 of 2 In addition to the environmental benefits, the potential economic benefit to the City of Winter Springs will be the reduction of biosolids disposal costs and the assurance of a permanent disposal facility. The MOA seeks to solidify the agreement between the Parties to implement and contribute resources for a regional facility to convert biosolids to renewable energy, reducing greenhouse emissions and other harmful air pollution for local communities. Under the MOA, Seminole County will act as the lead applicant for the grant and will be fully responsible for carrying out the scope of work for the Project and will be accountable to the EPA. The project is further defined in Exhibit A – Project Description and Proposed Operating Model of the MOA. Anticipated roles and responsibilities for the Parties are defined in Exhibit B to the MOA. Of note, the Agreement requires each Party to contribute to the Project by the appointment of a representative to form a newly established CFWEI Advisory Board, which will provide advice and guidance related to the planning and implementation process and advise on negotiation of contracts for the Project. The CFWEI Advisory Board will be subject to Florida’s Sunshine Law, Section 286.011, Florida Statutes. Each Party may terminate their participation in the Agreement by providing thirty (30) days’ notice. There will be subsequent Implementing Agreements that will be presented to the City Commission, including a Subrecipient Agreement, Facility Operating Agreement, Revenue Sharing Agreement, and Hauling Agreement at later stages in the process. At this time, the MOA is intended only to form a coalition to receive grant funds in the event they are awarded and to identify the Parties’ roles in the event awarded. Budget Impact: There are no direct budget impact to the City. Associated future costs beyond the existing biosolids disposal costs, if any, will be determined at such time as a regional biosolids to renewable natural gas processing facility is constructed. 20 1 EXHIBIT A PROJECT DESCRIPTION AND PROPOSED OPERATING MODEL General Overview The Project proposed by the Kissimmee, Orlando, Sanford Metropolitan Statistical Area (“KOS MSA”) will involve a strategic public-private partnership aimed at maximizing resource utilization and minimizing environmental impact by reducing greenhouse gas emissions (“GHG”) commonly generated by current biosolid disposal practices and significantly reducing or eliminating biosolids land application. As background, biosolids generated by wastewater treatment facilities pose significant environmental challenges, specifically those directed towards landfills or land application for final disposal. Parties represented in the KOS MSA aim to capture methane gas from biosolids and convert it into renewable natural gas (“RNG”) through well-established anaerobic digestion (“AD”) and gas cleaning technology. The RNG will be sold as a commodity and seamlessly integrated into the natural gas pipeline where it will be utilized as compressed natural gas (“CNG”) for fleet vehicles or for use by the local municipal power provider to offset demand for non-renewable gas for power production. The revenue generated from the sale of RNG and associated renewable identification number (“RIN”) credits will be shared among the Parties. An innovative Super Critical Water Oxidation (“SCWO”) process will be utilized to address contaminants such as per- and polyfluoroalkyl substances (known as “PFAS”) in the residual digested solids, concurrently generating clean steam power. Through the SCWO process, PFAS chemicals are destroyed and biosolids are rendered an inert solid with less than thirty percent (30%) of their initial volume remaining to be land applied or directed to landfills. The additional energy generated will be used onsite to operate the Facility. Proposed Operating Model for the Coalition Upon receipt of CPRG funding, the Parties propose to engage Bioman LLC as a CPRG subrecipient to design, permit, and construct the Facility in years 1-3 of the Term. The parent company of Bioman LLC, Orlando BioEnergy, LLC, will be privately funding and concurrently constructing a separate AD plant, co-located on the same site as the Facility, to process food waste and other non-biosolid organic materials. Although wastewater biosolids must be isolated from the organic waste being processed by the food waste AD portion of the plant the Project benefits through the synergized approach, as the privately funded plant will be using the same AD technology as the Facility, providing a more economical and viable solution than would be possible with a standalone wastewater biosolids facility. The Facility will have the capacity to accept 290,000 wet tons/year of biosolids from the Parties. Entities other than the Parties may bring biosolids to the Facility for processing if capacity is available after meeting the Parties’ needs. Once online, the Facility is expected to ramp up in capacity through year 3, achieving 100% capacity in years 4 and 5 of the Term. Project Basis and Details The two major biosolids disposal practices currently utilized in Central Florida are landfilling and land application, both of which can emit significant amounts of GHGs during the hauling, pre-treatment, and active treatment stages of these processes. Significant volumes of wet sludge must be long hauled via commercial vehicles that typically run on fossil fuels and emit significant amounts of GHGs. Once at the 21 2 landfill or land application site, organic matter in the sludge decomposes, releasing potent GHGs such as methane directly into the atmosphere. To address these issues, the Project proposes to divert biosolids from being landfilled or land applied to instead being processed entirely using AD followed by the emerging technology of SCWO. Orlando BioEnergy, LLC is currently in the process of designing, permitting, and constructing, through an approximate $60 million private financial investment, a source separated organics processing facility (“SSOPF”) to service the Central Florida area. At such facilities, a combination of often difficult to handle feedstocks is taken from large urban areas, agriculture, and industry, and then the carbonaceous component is converted into RNG through the AD process. The RNG is used for multiple purposes, depending on the relevant scenario at the facility’s location, either for grid injection, transportation fuel as CNG, or power generation. Further, remaining CO2 from the process is captured and processed for sale. This gives two output streams, RNG and CO2 developed from renewable waste products, that can be directly used to replace the equivalent fossil fuel derived products. The Orlando BioEnergy, LLC facility is registered as an SSOPF with the State of Florida, holds an air construction permit, and is anticipated to break ground in November 2024. The CPRG funded Facility for processing biosolids would be designed, permitted, and constructed concurrently with the Orlando BioEnergy LLC plant on the same site located in East Central Florida. Upgrading AD biogas to grid quality RNG involves a series of sophisticated processes aimed at purifying the biogas into a high-quality, pipeline-grade methane commodity for sale. Initially, the raw biogas, primarily composed of methane and CO2 along with trace impurities such as hydrogen sulfide and moisture, undergoes pre-treatment to remove contaminants and moisture, typically through methods like desulfurization and dehydration. Following pre-treatment, the biogas enters the upgrading system where it undergoes purification via other established technologies. These processes selectively capture CO2 and other impurities resulting in a methane-rich gas stream suitable for sale and injection into natural gas pipelines. The production of RNG from AD biogas not only offers a sustainable alternative to fossil fuels but also helps mitigate GHG emissions by converting organic waste into a valuable energy resource. The Facility will include a CNG dispenser for transportation fuel, constructed and operated by Nopetro Energy. This dispenser will chiefly be used to fuel CPRG funded CNG tractors to haul the Parties’ municipal wastewater biosolids but will also be used commercially and support the CNG revenue sharing of the Parties. In addition to the production of RNG as a commodity, the CO2 rich off-gas from the biogas upgrading system can be recovered and sold for an additional revenue stream. The facility will include a CO2 liquefaction station, which can produce liquid food-grade CO2 (99.9% purity) in a containerized system with a small footprint. The CO2 is compressed and dried to completely remove moisture. The CO2 then passes through a fine filter to remove any remaining odorant compounds or impurities. The purified gas is sent to a CO2 liquefier from which pure liquid CO2 is produced. The liquid CO2 can be used in a variety of industries such as food and beverage, breweries, distilleries, refrigeration, bioethanol facilities, and greenhouses. The AD digestate from the Facility will be treated using 374Water’s AirSCWO technology. During the SCWO process, the digestate’s temperature and pressure are elevated above the critical point of water (374°C, 221 bar) so that all organic compounds are oxidized rapidly and completely. These conditions prevent the formation of incomplete combustion byproducts and the formation/release of GHGs other 22 3 than CO2. During SCWO, carbon is converted into a relatively small volume of CO2 and released in the vent gas. 374Water will design and integrate their patented AirSCWO units into the Facility to execute this step, while working closely with Orlando BioEnergy to optimize the process flow between digestion and SCWO to reduce energy usage. 374Water’s AirSCWO system is equipped with an energy recovery system that renders the system net energy-positive once steady state is established (within a few hours from cold start). The efficient startup and shutdown processes are the only time periods where external energy is required and, once self-sustained, only a minor amount of CO2 is emitted. Excess energy not used in the SCWO process will be used to provide power to the balance of the Facility site. Additionally, the excess heat from 374Water’s system will be captured and sent to preheat the AD system, further reducing outside fuel demands and their related emissions. Revenue Sharing The Facility has the potential to create four revenue streams that will be shared between the Facility operator and the Parties. These revenue streams will be generated from the sale of RNG, the sale of the resulting RIN credits, the sale of CO2 and the processing of biosolids from entities other than the Parties. The CFWEI Advisory Board will be tasked with negotiating the revenue sharing agreement with the Facility operator. The proposed revenue sharing plan for the Parties’ revenue allocation is described below. Proportional sharing Revenues generated by the sale of RNG, RIN credits and CO2 will be directly proportional to the volume of sludge delivered by each of the Parties. Since the volume of sludge will vary greatly depending on the percent solids of the material delivered, revenue sharing will be based on the dry ton equivalent of the solids delivered. This ensures equivalent measurement amongst all the Parties. Each Parties’ revenue share from the Parties’ biosolids will be calculated on a quarterly basis as follows: Revenue share = total RNG/RIN/CO2 revenues from Parties dry tons biosolids X Specific Party dry tons/total Parties’ dry tons For example, if a Party delivered 100 dry tons during the month and the total number of dry tons delivered by all Parties for the month was 1000 tons, the proportional revenue share for that Party would be 100 tons/1000 tons = 10% of RNG/RIN/CO2 revenues. Note that the proportional sharing formula only applies to revenues derived from biosolids generated by the Parties. In the scenario of Iron Bridge, where multiple entities contribute biosolids, the volume at Iron Bridge will be attributed to the original contributing parties. Additionally, there are four potential revenue streams that will be generated by processing biosolids from entities other than the Parties (e.g. RNG, RIN credits, CO2 sales revenues and tipping fee revenues). The same proportional sharing method will be utilized for these potential revenue streams. Tipping Fees The CFWEI Advisory Board will be tasked with negotiating the biosolids processing tipping fee and hauling fee agreements with the Facility operator. The biosolids processing tipping fee for the Parties will be based on the actual operating cost of the Facility. The hauling fee will be based on the per mile operating cost of hauling sludge from each Party’s wastewater treatment plant to the Facility. Any Party may choose to self- haul sludge to the Facility or contract these services to a company other than the Facility operator should they wish to do so with no change in the biosolids processing tipping fee. 23 4 The biosolids processing tipping fee and hauling fee for entities other than the Parties will be set at a higher rate than that charged to the Parties. This higher rate will include a revenue share component to be distributed to the Parties. As part of the agreement discussed above, the CFWEI Advisory Board will negotiate a revenue “surcharge” for biosolids processing tipping fees and hauling fees charged to non- Party entities. The “surcharge” will be collected by the Facility operator on behalf of the Parties and will be distributed to the Parties at an agreed upon payment schedule. 24 1 EXHIBIT B ROLES, RESPONSIBILITIES, COMMITMENTS, AND BENEFITS Exhibit B delineates the roles, responsibilities, commitments, and benefits of the Parties who have provided Letters of Intent, included with Seminole County’s application to the EPA for the CPRG. These activities are required to implement the Project funded by the CPRG grant as described in Exhibit A and support the operation of the Facility upon completion of construction. Seminole County has accepted the role as the lead grant applicant and will assume responsibility for all activities related to the administration of the grant award. As the lead applicant, Seminole County is responsible for: a) Providing an administrative office within Seminole County to effectuate the terms of the CPRG and this Agreement. b) Establishing the CFWEI Advisory Board to provide input on the development, implementation, and operations of the Project. c) Coordinating with the Parties during implementation of the Project to keep the Parties informed of progress. d) Coordinating the distribution of funds to public and private subrecipient of the CPRG and monitoring the subrecipient’s procurement of subcontractors to construct the Project. e) Working with the Orlando Science Center (“OSC”) on a mass scale public education campaign tying in principles from Seminole Education Restoration Volunteer’s (“SERV”) waste to energy education program. f) Working with the University of Central Florida to establish a background GHG monitoring program that will collect data to include in the annual and capstone reports of the Project. The Parties will be responsible for: a) Appointing a representative to the CFWEI Advisory Board. b) Work collectively to develop agreements (“Implementing Agreements”) to implement the Project, including but not limited to, a subrecipient agreement, facility operating agreement, revenue sharing agreement, and hauling agreement, with terms and conditions acceptable to all of the Parties, with the entities referenced in Exhibit A and any other necessary entities. c) Providing up to an estimated maximum average daily ton of sludge, shown as dry volume, to the Facility once Implementing Agreements acceptable to the Parties have been executed and the Facility is fully operational, as shown in the table below: Entity Name Average Daily Dry Biosolids Tons Delivered to the Facility Seminole County 4.20 City of Orlando 62 Osceola County See Tohopekaliga Water Authority Orange County 58 Tohopekaliga Water Authority 37.88 City of Altamonte Springs 10 City of Winter Springs 2.16 City of Oviedo 2.24 25 2 Benefits The Parties recognize the interconnected nature of sustainability and resilience efforts, understanding that these issues transcend individual jurisdictions. With a firm commitment to regional collaboration, the Parties actively support initiatives like the Facility, recognizing its potential to significantly reduce GHG and carbon emissions across the region. By pooling resources and expertise with neighboring counties and municipalities, the Parties anticipate greater effectiveness in achieving environmental goals and fostering long-term sustainability. Beyond the environmental benefits of reduced emissions and cleaner air, the Parties anticipate additional advantages in the form of potential revenue streams. These revenues could be channeled into enhancing resident services, further improving the quality of life for the communities involved. Moreover, the Project's community engagement component presents a valuable opportunity for the Parties to foster awareness and interest among its residents. By actively involving the community, the Parties aim to bolster its overall sustainability outreach and education efforts, empowering residents to play an active role in shaping the region's future. Moreover, the project will establish a network of greenhouse gas (GHG) monitoring devices throughout the region and develop a skilled workforce capable of analyzing and reporting on the gathered data. Through collaborative efforts with local post-secondary institutions and technical schools, the Parties aim to leverage the Project to expand access to skills training and educational opportunities for its residents. By aligning educational curricula with the needs of local industries, including those associated with the Project, the Parties seek to equip its workforce with the skills necessary to qualify for higher-wage jobs. This initiative not only enhances economic opportunities for residents but also strengthens the region's economic resilience and competitiveness in the long run. 26 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 1 of 17 MEMORANDUM OF AGREEMENT BETWEEN COALITION PARTNERS THIS MEMORANDUM OF AGREEMENT (“Agreement”) is dated as of the _____ day of ___________ 20_____, by and between SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida (“Seminole County”), OSCEOLA COUNTY, a charter county and political subdivision of the State of Florida (“Osceola County”), ORANGE COUNTY, a charter county and political subdivision of the State of Florida (“Orange County”), CITY OF ORLANDO, a municipal corporation of the State of Florida (“City of Orlando”), CITY OF ALTAMONTE SPRINGS, a municipal corporation of the State of Florida (“City of Altamonte Springs”), CITY OF WINTER SPRINGS, a municipal corporation of the State of Florida (“City of Winter Springs”), CITY OF OVIEDO, a municipal corporation of the State of Florida (“City of Oviedo”), and TOHOPEKALIGA WATER AUTHORITY, an independent special district of the State of Florida (“Toho Water Authority”) (collectively referred to in this Agreement as “Parties”; individually, “Party”). W I T N E S S E T H: WHEREAS, Section 163.01, Florida Statutes, as may be amended, authorizes public agencies to enter into agreements with other public agencies to serve a public purpose; and WHEREAS, the United States Environmental Protection Agency (“EPA”) provides financial assistance through the Climate Pollution Reduction Grant (“CPRG”) to states, local governments, tribes, and territories to develop and implement ambitious plans for reducing greenhouse gas emissions and other harmful air pollution; and 27 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 2 of 17 WHEREAS, Seminole County, as the lead applicant and on behalf of the Parties, has submitted an application, including letters of intent or letters of support from the Parties, to the EPA for the CPRG; and WHEREAS, if awarded, Seminole County will receive grant funds from the EPA for an approximate amount of ONE HUNDRED SEVENTY-FOUR MILLION EIGHT HUNDRED THIRTY-SEVEN THOUSAND TWO HUNDRED FIFTY-TWO AND NO/100 DOLLARS ($174,837,252.00) for the Central Florida Waste to Energy Initiative (“CFWEI”), which will result in a regional wastewater biosolids to renewable natural gas processing facility (“Facility”) that will benefit the Parties and the community at large (“Project”); and WHEREAS, prior to an award of the CPRG, EPA requires all members of a coalition to submit a signed Agreement by July 1, 2024, outlining the elements specified by the EPA in its Appendix E – Guidelines for a Memorandum of Agreement for a Coalition. NOW, THEREFORE, for and in consideration of the promises, mutual covenants and agreements contained in this Agreement by and between the Parties and for the mutual benefit of the Parties, the Parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and form a material part of the Agreement upon which the Parties have relied and are incorporated in this Agreement. Section 2. Term. The effective date of this Agreement is the date the last Party executes this Agreement, and expires on July 1, 2030 (“Term”), unless terminated earlier in accordance with this Agreement. Section 3. Climate Pollution Reduction Grant. (a) If the EPA awards Seminole County the CPRG, the Parties have agreed to implement and contribute resources for a regional project to reduce greenhouse gas emissions and other harmful air pollution for local communities, as further specified in Exhibit A – Project 28 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 3 of 17 Description and Proposed Operating Model, attached to and incorporated in this Agreement. To further the Parties’ intent in accomplishing the Project, the Parties are committed to fulfilling roles and responsibilities, as further specified in Exhibit B – Roles, Responsibilities, Commitments, and Benefits, attached to and incorporated in this Agreement. (b) As lead applicant, Seminole County will be accountable to the EPA and is fully responsible for effectively carrying out the scope of work for the Project in accordance with this Agreement. Seminole County will ensure appropriate financial accounting is completed for proper financial management of the CPRG. All Parties agree to work in good faith to accomplish the objectives set forth in this Agreement and the CPRG. To this end, each Party agrees to contribute to the Project by the appointment of a representative to form a newly established CFWEI Advisory Board, which will provide advice and guidance related to the planning and implementation process, including advising on the negotiation in contracts for the Project. This CFWEI Advisory Board will be subject to Florida’s Sunshine Law, Section 286.011, Florida Statutes. Each Party should attempt to appoint a representative experienced in biosolids, waste, or wastewater. (c) The Parties’ performance under this Agreement is contingent upon an appropriation by the Federal government and is subject to grant conditions that may require modification of this Agreement. Section 4. Sovereign Immunity. To the fullest extent permitted by law, each Party is solely and fully liable for the acts and omissions of its elected officials, officers, employees, and agents. Nothing in this Agreement may be construed as a waiver by any Party of its sovereign immunity. Nothing in this Agreement may be construed as consent to be sued by third parties in any matter arising out of this Agreement nor denying any Party any remedy or defense available under the laws of the State of Florida. 29 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 4 of 17 Section 5. Termination. Each Party may terminate their participation in this Agreement without further obligation to the other Parties by providing thirty (30) days prior written notice to all the Parties in accordance with the “Notice” Section of this Agreement. The termination of participation in this Agreement by a Party will not serve as a termination of the participation in the Agreement by the remaining Parties. Section 6. Employee Status. Persons employed by any Party in the performance of this Agreement are deemed not to be the employees or agents of any other Party, nor do these employees have any claims to pensions, workers’ compensation, unemployment compensation, civil service, or other employee rights or privileges granted to any other Party’s employees or agents either by operation of law or by any Party. Section 7. Notice. Any notice delivered with respect to this Agreement must be in writing and will be deemed to be delivered (whether or not actually received) when e-mailed, and one of the following: (i) hand-delivered to the persons designated below, or (ii) five (5) business days after deposit in the United States Mail, postage prepaid, certified mail, return-receipt requested, addressed to the person at the address for the Party as set forth below, or such other address or to such other person as the Party may have specified by written notice to the other Parties delivered according with this “Notice” Section: As to Seminole County: Attention: Johnny Edwards, Interim Utilities Director Seminole County 500 West Lake Mary Boulevard Sanford, Florida 32773 E-mail: wedwards@seminolecountyfl.gov With a Copy to: Attention: John Slot, Chief Technology Officer, Administrator for Sustainability and Adaptability Seminole County 1101 E. 1st Street 30 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 5 of 17 Sanford, Florida 32771 E-mail: jslot@seminolecountyfl.gov As to Osceola County: Attention: Don Fisher, County Manager Osceola County 1 Courthouse Square Kissimmee, Florida 34741 Email: Don.Fisher@osceola.org As to Orange County: Attention: Ed Torres, M.S. P.E., LEED AP, Director, Orange County Utilities Orange County 9150 Curry Ford Road Orlando, Florida 32825-7600 E-mail: ed.torres@ocfl.net As to City of Orlando: Attention: Corey Knight, P.E., Public Works Director City of Orlando 400 South Orange Avenue Orlando, Florida 32801 Corey.Knight@cityoforlando.net As to City of Altamonte Springs: Attention: Franklin W. Martz II, City Manager City of Altamonte Springs 225 Newburyport Avenue Altamonte Springs, Florida 32701 E-mail: FWMartz@Altamonte.org With a Copy to: Attention: Bruce Doig, P.E., LEED-AP, Director of Public Works City of Altamonte Springs 950 Calabria Drive Altamonte Springs, Florida 32714 E-email: BDoig@altamonte.org As to City of Winter Springs: Attention: Kevin McCann, Mayor City of Winter Springs 1126 E. SR 434 Winter Springs, Florida 32708 31 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 6 of 17 E-mail: kmccann@winterspringsfl.org As to City of Oviedo: Attention: Bryan Cobb, City Manager City of Oviedo 400 Alexandria Boulevard Oviedo, FL 32765 E-mail: bcobb@cityofoviedo.net As to Toho Water Authority: Attention: Todd P. Swingle, CEO Toho Water Authority 951 Martin Luther King Boulevard Kissimmee, FL 34741 E-mail: tswingle@tohowater.com Section 8. Parties Bound. This Agreement is binding upon and inures to the benefit of the Parties, and their successors and permitted assigns. Section 9. Assignment. This Agreement may not be assigned by any Party without the prior written approval of all the Parties. Section 10. Conflict of Interest. The Parties shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with any other Party or that would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida Statutes, as may be amended, relating to ethics in government. Notwithstanding the foregoing, the Parties are not prohibited from entering into other arrangements for biosolids management. Section 11. Dispute Resolution. (a) In the event of a dispute related to this Agreement, the Parties shall informally meet to resolve such dispute prior to filing a lawsuit or otherwise pursuing legal remedies. (b) In the event an informal meeting does not resolve the dispute, a Party to this Agreement may notify the other Parties in writing that it wishes to commence formal dispute 32 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 7 of 17 resolution with respect to any unresolved dispute under this Agreement. The Parties agree to submit the dispute to a Florida Certified Circuit Court Civil Mediator for mediation, within sixty (60) days following the date of this notice. In the event that any dispute cannot be resolved by mediation, the dispute may be filed in accordance with Section 14 (“Governing Law, Jurisdiction, and Venue”). The Parties further agree that any such action will be tried before the Court, and the Parties hereby waive the right to jury trial as to such action. (c) Notwithstanding the preceding, court action may be commenced by a Party without first attempting to resolve the dispute informally or through mediation as provided above, if deemed appropriate by a Party to avoid the expiration of an applicable limitations period, seek an injunction to prevent imminent harm, or to preserve a superior position with respect to other creditors. Section 12. Reports. Each Party agrees to promptly provide updates, information, and reports when requested by the EPA or by another Party to provide the public with transparency. Section 13. Equal Opportunity Employment. The Parties shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, sexual orientation, gender identity or national origin. The Parties shall take steps to ensure that applicants for employment, and employees are treated equally during employment, without regard to race, color, religion, sex, age, disability, sexual orientation, gender identity or national origin. Equal treatment includes, but is not limited to, the following: employment; upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship . Section 14. Governing Law, Jurisdiction, Venue, Attorneys’ Fees and Costs. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be, if in 33 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 8 of 17 state court, in a court of competent jurisdiction located in Seminole County, Florida, or, if in federal court, the Florida Middle District, Orlando Division. The Parties shall each bear their own costs, experts’ fees, consultants’ fees, attorneys’ fees, paralegals’ fees and other fees at all administrative, pretrial, trial and appellate levels incurred in connection with this Agreement and any litigation or appeals arising either directly or indirectly from this Agreement. Section 15. Compliance with Laws and Regulations. The Parties must abide by all statutes, codes, ordinances, rules, regulations, executive orders, and guidance pertaining to or regulating the provision of this Agreement. Section 16. Entire Agreement. (a) It is understood and agreed that the entire agreement of the Parties is contained in this Agreement, which supersedes all oral agreements, negotiations, and previous agreements between the Parties relating to the subject matter of this Agreement. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by the Parties, except as otherwise specifically provided in this Agreement. Section 17. Severability. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remainder of this Agreement will not be affected, and each remaining term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. Section 18. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, constitutes an original, but all counterparts together constitute one and the same instrument. 34 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 9 of 17 Section 19. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret, or construe any provision of this Agreement. Section 20. No Third-Party Beneficiaries. This Agreement is entered into solely between the Parties and may be enforced only by the Parties. Nothing in this Agreement confers upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever. Section 21. Authority. By signing below, the signatory acknowledges that they are officially authorized to sign this Agreement on behalf of their respective Party. IN WITNESS WHEREOF, the Parties have made and executed this Agreement for the purposes stated above. [Signatures and attestations on the following pages] 35 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 10 of 17 BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY FLORIDA By: Chair/Vice Chair Date: ATTEST: OSCEOLA COUNTY CLERK OF THE BOARD By: Clerk/Deputy Clerk of the Board As authorized for execution at the Board of County Commissioners meeting of: 36 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 11 of 17 ORANGE COUNTY By: Board of County Commissioners By: Jerry L. Demings Orange County Mayor Date: ______________________________ Attest: Phil Diamond, County Comptroller As Clerk of the Board of County Commissioners [SEAL] By: Deputy Clerk ____________________________________ Printed Name 37 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 12 of 17 CITY OF ORLANDO, FLORIDA, a municipal corporation of the State of Florida ____________________________________ Mayor/Mayor Pro Tem ATTEST: ______________________________ Stephanie Herdocia, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Orlando, Florida, only ______________________, 20___. ___________________________________ Assistant City Attorney Orlando, Florida STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this _______ day of ______________, 20____, by __________________________________ as Mayor/Mayor Pro Tem, and Stephanie Herdocia, City Clerk, of the City or Orlando, Florida. ______________________________________________ Notary Public Signature Print, Type or Stamp Name of Notary: ______________ (Affix Notary Stamp or Seal) ________ Personally Known or __________ Produced Identification Type of Identification Produced_____________________________ 38 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 13 of 17 CITY OF ALTAMONTE SPRINGS, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this _____ day of _______________, 2024, by PAT BATES and ANGELA M. APPERSON, Mayor and City Clerk respectively, of the CITY OF ALTAMONTE SPRINGS, FLORIDA, who are personally known to me and they acknowledged executing the same freely and voluntarily under authority vested in them and that the seal affixed thereto is the true and corporate seal of the City of Altamonte Springs, Florida. (Notary Seal) Signature Print name Notary Public - State of __________________ Commission No. My Commission Expires: Approved as to form and legality for use and reliance by the City of Altamonte Springs JAMES A. FOWLER, City Attorney By: Pat Bates, Mayor Date: ATTEST: Angela M. Apperson, City Clerk 39 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 14 of 17 ATTEST: CITY OF WINTER SPRINGS _________________________ ______ By: __________________________ CHRISTIAN GOWAN, City Clerk KEVIN MCCANN, Mayor Date: __________________________ APPROVED AS TO FORM: ___________________________________ Anthony A. Garganese, City Attorney 40 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 15 of 17 CITY OF OVIEDO Julianna Ross, Asst. City Attorney By: Megan Sladek, Mayor, City of Oviedo Date: ATTEST: Elianne Rivera, City Clerk 41 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 16 of 17 TOHOPEKALIGA WATER AUTHORITY By: Todd P. Swingle, CEO/Executive Director Attest: Alison Smith, Executive Assistant STATE OF FLORIDA COUNTY OF OSCEOLA The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of ___________________, 2024, by Todd P. Swingle, CEO/Executive Director of Tohopekaliga Water Authority, an independent "Special District" created pursuant to Chapter 189, Laws of Florida. He is personally known to me. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any. 42 ________________________________________________________________________________ Memorandum of Agreement Between Coalition Partners Page 17 of 17 BOARD OF COUNTY COMMISSIONERS ATTEST: SEMINOLE COUNTY, FLORIDA By: _____________________________________ GRANT MALOY JAY ZEMBOWER, Chairman Clerk to the Board of County Commissioners of Seminole County, Florida. Date: _____________________________________ For the use and reliance As authorized for execution by the Board of of Seminole County only. County Commissioners at its ____________ 20_____, regular meeting. Approved as to form and legal sufficiency. County Attorney BP/ 5/23/24 T:\Users\bpatel\Special Projects\CPRG\MOA v2\Memorandum of Agreement (MOA) - 5.23.24.docx Attachments: Exhibit A – Project Description and Proposed Operating Model Exhibit B – Roles, Responsibilities, Commitments, and Benefits 43 CONSENT AGENDA ITEM 303 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE Winter Springs Villages Connection to Reclaimed Water Main Extension and Construction Services Agreement - Amendment 1 SUMMARY The City of Winter Springs is continuing to extend their reclaimed water system to help offset the consumption of potable water being used for irrigation. This reclaimed water main extension will connect Tuskawilla Road to the SR 434 reclaimed water main extension via Michael Blake Blvd. Kimley-Horn will prepare engineering design drawings for the construction of this additional pipeline extension, a length of approximately + 3,000 LF of proposed reclaimed water main. This will allow Winter Springs Village, The Blake, and Seminole Crossings to access reclaimed water for their irrigation demands. This Scope is for a work release under RFP #01-21 Civil Engineering Continuing Service Contract. FUNDING SOURCE Amendment to Purchase Order #2024-00000622 Budget: CIP 412-36-0000-560650 - $73,280.00 RECOMMENDATION The Utility Department is requesting City Commission approve Amendment 1 from Kimley-Horn to provide additional design services for Winter Springs Villages Reclaimed Water Main Extension and authorize Director of Utilities to execute the amendment. The additional survey, design, site visits, and project coordination services are needed to extend the reclaimed water main along Michael Blake Boulevard to SR 434 to transition additional potable water irrigation customers. 44 kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407-898-511 June 12, 2024 Bilal Iftikhar Utilities Director City of Winter Springs 400 Old Sanford Oviedo Road Winter Springs, FL 32708 Re: Winter Springs Villages Connection to Reclaimed Water Main Extension and Construction Services – Amendment 1 Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this amendment to the letter scope (Amendment 1) to the City of Winter Springs, FL (“City”) for providing additional design services for Winter Springs Villages Reclaimed Water Main Extension. These additional services were prompted by the request to extend the reclaimed water main along Michael Blake Boulevard (blvd) to SR 434 to pick up additional potable water users. This results in additional survey, design, site visits, and project coordination. This Scope is for a work release under RFP #01-21 Civil Engineering Continuing Service Contract. Project Understanding The extension would create a reclaimed water main loop along Michael Blake Boulevard to SR 434. There is a reclaimed water main stub-out on Michael Blake Blvd to which this extension would connect. This extension would pass the Seminoles Crossing neighborhood and The Blake apartments giving more users access to reclaimed water. Scope of Services Task 1 – Design Services Kimley-Horn will prepare engineering design drawings for the construction of this additional pipeline extension, a length of approximately + 3,000 LF of proposed reclaimed water main. Engineering design drawings will be submitted to the City for review at 90% and 100% design. A preliminary list of additional drawings is presented below: Civil Water Main Plan and Profiles (approx. 6 sheets) Civil Details (approx. 1 sheet) Kimley-Horn will coordinate the needed survey with the surveyor, ECHO UES, Inc., to provide a topographical survey of the existing and proposed reclaimed water main corridor. Survey will consist of the area within rights-of-way along Michael Blake Boulevard from State Road 434, along Michael Blake Boulevard prior to Fern Hammock Street. The survey documentation will include topographical information, visible improvements, manholes, inlets with top and invert elevations, existing landscaping and underground utilities. Underground utility locates from non-City utilities will be located as they are flagged by their respective owners. Further, right-of-way lines within the limits of the survey will be identified as part of the survey. Schedule Kimley-Horn will begin services upon receipt of an executed Task Order. These services will be completed as expeditiously as possible. 45 kimley-horn.com 200 South Orange Avenue, Suite 600, Orlando, FL 32801 407-898-1511 Method of Compensation Kimley-Horn will perform these services for the total lump sum fee of $65,900.00, inclusive of office overhead expenses. A breakdown of the fee by task is as follows: Task Description Lump Sum Fee 1 Design Services $38,755.00 Surveyor $34,525.00 Total $73,280.00 Services provided under this will be invoiced on a monthly basis. All invoices will include a description of services provided. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute a task authorization for this scope of services and transmit via email to Julia.felter@kimley-horn.com. We will commence services after we have received a fully-executed task authorization. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. By: Julia Felter, P.E. Lance R. Littrell, P.E. Project Engineering Vice President Authorization City of Winter Springs, Florida By: Director of Utilities (Date) Bilal Iftikhar (Print or Type Name) Biftikhar@winterspringsfl.org (Email Address) Attest: (Print or Type Name) 46 EX-1 IRRIGATION: POTABLE WATER TO RECLAIMED WATER USAGE DATE AS SHOWN SHEET NUMBER CHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT SHEET NUMBER DATE AS SHOWN CHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT LICENSED PROFESSIONAL FL LICENSE NUMBER SR 434 RECLAIMED WATER MAIN EXTENSION PREPARED FOR CITY OF WINTER SPRINGS 049553006 © SEMINOLE COUNTY FL SR 4 3 4 CENTRALWINDS DRBEA R S P RI N G S D R TUSKAWILLA RDBLV D EAGLE WIND TERRACECREEKS RUN WAYNORTH 12" STUB OUT FOR RECLAIMED WATER USE ALONG MICHAEL BLAKE BLVD (FUTURE) MICHAEL BLAKE NORTH SR 434 CONNECTION TO THE 12" DISCHARGE PIPING FROM WEST PLANT/OAK FOREST AND FROM THE LAKE JESUP AUGMENTATION PLANT TO SUPPLY NEW USERS BEGINNING OF RECLAIMED WATER MAIN EXTENSION END OF RECLAIMED WATER MAIN. TO BE EXTENDED EAST TO CONNECTED 8" SUPPLY FROM EAST PLANT (FUTURE). CONNECT TO EXISTING 8" RWM CONNECTION TO EXISTING 4" RECLAIMED WATER SYSTEM AT CREEK RUN, CURRENTLY SUPPLIED BY THE EAST PLANT EXTENSION TO TUSKAWILLA CROSSINGS: 48,808,600 GALLONS A YEAR (2022) CONNECT TO EXISTING 8" RWM MARCH 2022SR 4 3 4 MIC H A EL BL A K E BL V D EXTENSION TO WINTER SPRINGS VETERANS & MILITARY SERVICES MEMORIAL PARK: 5,481,290 GALLONS A YEAR EXTENSION TO JESUP'S LANDING: 50,520 GALLONS A YEAR (FUTURE) EXTENSION TO WINTER SPRINGS VILLAGE: 5,854,570 GALLONS A YEAR (FUTURE) PROPOSED 12" HDPE DR 11 RWM INTEGRA LAND WAYNORTH 12" STUB OUT FOR RECLAIMED WATER USE ALONG SR 434 AND SR 417 (FUTURE) SOUTH 12" STUB OUT FOR RECLAIMED WATER USE ALONG TUSKAWILLA RD (FUTURE)TUSKAWILLA RDBLU M B E R G B L V D LAKE JESUP 4" RWM 6" Extension by Hickory Groves Original scope of work Additional Scope of Work Seminole Crossings 47 DESCRIPTION: DIRECT LABOR ( MAN-HOURS ) SR PRINC PROJ. PROJ. PROJ PROJ TECHNICAL PROJECT EXP. LINE IN CHARGE MGR MGR ENG 2 ENG 1 ANALYST SUPPORT ADMIN SUB TOTAL NO. TASK 1 Design Services 90% Design and Review Workshop 30 50 75 $24,475 100% - Final Design Documents 20 20 25 $10,825 Survey 5 10 10 $34,525 $37,980 Task Total $73,280 TOTAL HOURS 0 0 55 0 0 80 100 10 $34,525 $73,280 LABOR ($/HOUR)295.00$ 270.00$ 220.00$ 180.00$ 165.00$ 140.00$ 145.00$ 95.00$ SUBTOTAL -$ -$ 12,100.00$ -$ -$ 11,200.00$ 14,500.00$ 950.00$ 14,912.00$ $73,280 Table A Winter Springs Village Reclaimed Water Main Extension - Amendment 1 48 ECHO UES, Inc. 888.778.ECHO www.echoues.com Grow, Inspire, Make a Difference 1 January 29, 2024 Waldemar Irizarry, E.I. Kimley-Horn CC: Julia Felter, PE PROPOSAL FOR SUBSURFACE UTILITY ENGINEERING AND SURVEY SERVICES Project: City of Winter Springs, Continuing Services Contract Ref. Tuscawilla Reclaimed Water Extension, Seminole County, FL Supplemental Agreement #2 (SA2) Dear Ms. Felter, At ECHO UES, Inc. (ECHO) we value your consideration and appreciate the opportunity to provide a technical proposal for the provision of professional services. This technical proposal, inclusive of an economical offer and schedule, details the approach we consider the most suitable for this project. Project Synopsis: Based on the information made available to ECHO, we understand the project consists of additional design services for a new RWM along Tuscawilla Road in Winter Springs, FL. The new RWM is considered part of a previous project (21-289) for which ECHO previously provided a topographical survey and utility investigation. This proposal letter addresses Supplemental Agreement #2 (SA2) for performing additional topographical survey and subsurface utility engineering within the limits shown on the attached exhibits. All other terms and conditions, approach, methodology and limitations shall remain as per the original proposal letter. Subsurface Utility Engineering (SUE) Services Using a combination of field investigative techniques and technology, including surface geophysical instruments, including vacuum excavation if needed, ECHO will perform the following services. 1. Identification and marking of existing utilities. Utilities potentially in conflict with the project and located within the project limits will be investigated in an attempt to 49 2 identify their position. The results will be marked on the ground surface using the most appropriate method (i.e. pin flags, paint etc.) and showing the approximate position of the identified utilities. ECHO will attempt to identify and mark detectable utilities located within the project limits, excluding irrigation lines, services lines and sewer laterals. Gravity sewer and stormwater systems will be collected during the topographic survey efforts. 2. Verification of utility location and characteristics. At specific locations ECHO will attempt to expose utilities via minimally intrusive methods (e.g. use of vacuum excavation) to confirm their characteristics (e.g. type, size, material, direction, configuration) and provide an accurate location. At completion of each excavation (test hole) ECHO will record all verifiable utility information, mark the utility location with the most appropriate method (e.g. wooden lathes, “X” mark on concrete, disc and nail on asphalt) and restore the field to as close as possible to its original conditions. Topographic and Utility Survey - Set/recover horizontal and vertical control throughout the project corridor for the purpose of collecting the topographic and subsurface utility engineering information. - Collect aboveground and visible features and improvements within the highlighted limits as shown and described by the attached graphic, to include utility information as identified per steps above. - Accessible drainage and sanitary sewer structures located within the limits as shown on said exhibit will be collected horizontally and vertically. - Collect sufficient elevation data to create a digital terrain model (DTM) of the site (1ft contours). - The horizontal and vertical survey control will be provided in the final survey in tabular format for use by the contractor during construction activities. - Recover and tie down sufficient monumentation in the field to calculate the existing apparent right-of-way along all public roadways within the project limits, and existing apparent property limits for parcels or portions thereof included within the project limits. Right-of-way and property limits will be shown as calculated based on field monumentation and it will be referred to as apparent right-of-way and apparent property lines. Any additional field and office work to establish R/W limits and property boundaries shall be quoted separately and performed following receipt of title information to be provided by Client. - All survey efforts will be conducted in accordance with the Standards of Practice set forth in Rule Chapter 5J-17, F.A.C., pursuant to Section 472.027, F.S. 50 3 Deliverables: Subsurface Utility Engineering & Survey - Field deliverables will consist of field marks (e.g. pin flags, paint marks, wooden lathes, nails/discs etc.) showing the position of the designated and located utilities. - Office deliverables will consist of: • Images and a sketch (not to scale unless otherwise stated) based on the project plans or aerial imagery publicly available. • Test hole data sheets containing all the information obtained via test holes and visual verification. • Survey digital CADD file (AutoCAD) inclusive of sheeting on appropriate format and scale, signed and sealed surveyor’s report and printed copies per Client’s request. Proposed Schedule: To be discussed and agreed upon with the client following acceptance of this proposal. The proposed schedules shall be valid barring any unforeseen conditions. Notes and Limitations: 1. Client shall facilitate access to the site and provide any relevant project information. 2. Site must be clear from obstacles impeding access to any portion of the project limits. 3. Standard work hours are from 7:00am to 4:00pm, Monday through Friday; additional charges may occur (following discussion with the Client) in case of weekend or nighttime work. 4. ECHO will not work on any site that is known to be contaminated with any hazardous or harmful substance. 5. Any permit or fee requested to perform the work complying with any stakeholder’s requirement will be submitted to the Client with a 5% administrative markup. 6. FDOT Design Standards (Index 600 Series) will be utilized for the Maintenance of Traffic (MOT). Should the site require modification to the Index 600 for non-standard MOT arrangements, ECHO will seek the Client’s concurrence to obtain signed and sealed project’s specific MOT plans (to be provided by others). 7. Any cost associated with signed and sealed MOT plans will be submitted to the Client with a 5% administrative markup. 8. Unless otherwise stated within this proposal, test holes have usual depth of up to eight (8) ft. from the ground surface, and diameter of up to 1 ft. Should there be a need for deeper or wider excavations, additional charges may apply. 9. The original ground surface at each test hole location will be restored to as close as possible to its original conditions, using concrete mix or asphalt cold patch as applicable. Any deviation from this standard (e.g. use of hot asphalt, flowable fill etc.) may require additional charges and the use of specialty subcontractors. 10. Regardless of the type of estimate proposed (e.g. lump sum, time and materials, etc.) such estimate should be considered indicative and based on preliminary information. Should any situation out of ECHO’s control heavily impact ECHO’s field work performance (e.g. adverse site conditions), ECHO reserves the right to seek additional funds to complete the work. 11. The exact location of any underground utility is not guaranteed unless clearly exposed and visually verified at a specific location. Utility characteristics, methods of installation, soil conditions and the surrounding environment all may impact adversely the results of any utility investigation with surface geophysical instruments and technology. No guarantee is made that all utilities will be found and identified. 12. Independently from ECHO’s scope of work and performance, the Client shall comply with the relative chapter from the Florida (or any other applicable) Statutes: “Underground Facility Damage Prevention and Safety Act” and call 811 prior to any excavation taking place. 13. Subsurface Utility Engineering, Designating and Locating terms all refer to the American Society of Civil Engineers / Utility Engineering and Surveying Institute / Construction Institute “Standard Guideline for Investigating and Documenting Existing Utilities” (ASCE/UESI/CI 38-22). Should ECHO adopt this standard for the performance of the scope of work and preparation of deliverables, clear mention to the Standard shall be made throughout the deliverable. 51 4 Fee: ECHO’s competitive offer, which is inclusive of all field, office, materials, supplies, and equipment costs is detailed below. - Topographic survey and subsurface utility engineering • Option 1 (Red Area only) Fixed Fee: $11,375.50 • Option 2 (Both Red and Yellow Areas) Fixed Fee: $22,545.00 - Utility verification test holes, if/when requested: $550.00/ea. inclusive of survey and update of the survey files. Acceptance: We will honor this proposal for 90 days. If accepted, please return to our attention together with a professional services agreement/task work order authorization and official Notice to Proceed. At ECHO UES, Inc. we believe in collaboration and communication with our clients and are driven to understand their needs and provide time-efficient and cost-effective solutions. ECHO strives to provide quality utility and survey reliable data to design better, build faster, and safely enhance Engineering, Design, Construction and Maintenance of infrastructure. Thank you for considering ECHO for this important project and please do not hesitate to contact me directly should you have any questions or concerns. Sincerely, Eric Cain, PSM Project Manager ECHO UES, Inc. 52 5 Vicinity Map: Project Limits (OPTION 1: Red only; OPTION 2: Red AND Yellow): 53 CONSENT AGENDA ITEM 304 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE Approval of the Minutes from the Monday, June 10, 2024 City Commission Regular Meeting SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Commission approve the June 10, 2024 City Commission Regular Meeting minutes as presented. 54 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, JUNE 10, 2024 AT 6:30 PM CITY HALL – COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 55 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JUNE 10, 2024 | PAGE 2 OF 7 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, June 10, 2024 of the City Commission to order at 6:34 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Kevin McCann, present Deputy Mayor Matt Benton, present Commissioner Victoria Bruce, present Commissioner Ted Johnson, present via telephone Commissioner Cade Resnick, present Commissioner Rob Elliott, present Interim City Manager Phil Hursh, present City Attorney Anthony Garganese, present City Clerk Christian Gowan, present Pastor Bob Melhorn led the invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. No changes were made, and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Winter Springs High School Student Athlete Recognition Mr. Pete Gaffney, Principal, Winter Springs High School and Mr. Scott Gomrad, Athletics Director, Winter Springs High School recognized the following student athletes for their accomplishments: Kody Taylor Weightlifting Alexandria Green Weightlifting U'Nitee Brown Weightlifting Amy Barelle Weightlifting Elijah Penton Wrestling Hadley Futch Diving (Not present: 2024 wrestling state champions Ryan Phillips and Jaydon Robinson) 101) Recognition of Andre Klass, Christian Tech Center Ministries for Senior Center Computer Donations Mayor McCann noted the recent donation of computers to the Senior Center from Christian Tech Ministries. Mr. Andre Klass, Christian Tech Ministries, thanked the Commission for their recognition and discussed his organization. 102) Rescue Outreach Mission Mr. Chris Ham, Rescue Outreach Mission, reviewed the history and mission of the organization, services provided, and noted that they were seeking financial support from Seminole County municipalities, businesses, and other organizations. Discussion followed on the number of people served in Winter Springs and discussions about potential funding at the upcoming budget meeting. 56 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JUNE 10, 2024 | PAGE 3 OF 7 103) Design/Permitting Update of the Tuskawilla Crossings Pond Mr. David Hamstra, Pegasus Engineering, presented an update on the Tuskawilla Crossing Pond, reviewed progress since last update, and noted the future Sutton Crossings Development and potential stormwater management assistance. Mr. Hamstra noted the pond would be able to accommodate runoff and that the city was working with St. Johns River Water Management District (SJRWMD) to properly permit and had prepared a Memorandum of Understanding that was recently transmitted to the developer of Sutton Crossings. Discussion followed on maintenance responsibility, the potential for pursuing legal action, alternative funding sources that may be available to pay for repairs, and prioritizing stormwater management. Further discussion followed on consideration of the enclave property with the storage facility. Mr. Hamstra noted that some of the parcel had been accounted for and discussed the ability of to independently and concurrently review the county project to ensure proper stormwater design and mitigate impacts. 104) Slavin Management Consultants - City Manager Candidates Search Update - Virtual Presentation Mr. Robert Slavin, Slavin Management Consultants, was present via telephone. Mayor McCann distributed a copy of the recruitment profile and asked Mr. Slavin to brief the Commission. Mr. Slavin noted advertising placements, discussed the advantages of certain sites, and noted a first review date of July 19, 2024. Discussion followed on placing the advertisement on the city website, the process going forward, and public records access. INFORMATIONAL AGENDA 200) Current Development Project Summary No discussion. 201) Upcoming Appointment Opportunities for City Boards and Committees No discussion. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs encouraged inclusivity in events and planning. Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs noted it was good to see Commissioners at Chamber luncheon, spoke about homelessness initiatives and need for business community involvement, and finally noted upcoming discussion on one-cent sales tax and urged support noting benefits to education and infrastructure. Ms. Janet Pinell, 80 Michael Blake Boulevard distributed photographs and spoke about two accidents at State Road 434 and Michael Blake Boulevard, requested change to speed signs, and starting the traffic light as soon as possible. 57 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JUNE 10, 2024 | PAGE 4 OF 7 Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs spoke regarding a 2009 agreement with the Senior Center Association and recent changes to the lunch service and other operations. Mr. Brian Douglas, 1011 Taproot Drive, Winter Springs spoke about body camera policies and his experience with the Winter Springs Police Department. Mr. Gordon Cooper, 1148 Pheasant Circle, Winter Springs noted his difficulty with the permitting process and offered suggestions for simplifying the process. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted her disappointment in not holding the diversity workshop, asked about speed reduction on State Road 434, and asked about Wetland Park plans. Finally, Ms. Shafer informed the Commission of a code enforcement issue. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs representing WSCA spoke about the Senior Center and concerns about recent changes. Mr. William Morrisey, 965 Sequoia Drive, Winter Springs shared concerns about the Senior Center and changes to the meal provision. Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs noted concerns about finances, the need to define infrastructure and the city's responsibilities, and asked about the ability to move funds to address important issues such as wastewater. Mayor McCann closed Public Input. CONSENT AGENDA 300) Resolution 2024-10 recognizing the retirement of Code Compliance Officer Terri Sanchez from the Police Department. No discussion. 301) Proposal for Purchasing a Permanent Bypass Pump for Lift Station 5E, located at 500 Austin Court, for Enhanced Emergency Preparedness No discussion. 302) Approval of the Minutes from the Monday, May 6, 2024 City Commission Regular Meeting No discussion. 303) Approval of the Minutes from the Monday, May 13, 2024 City Commission Workshop. No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400) Taco Bell - Aesthetic Review Mr. Nick Tafelsky, Senior City Planner, Community Development Department presented the item, noted no changes to the building footprint, and showed the elevation and conceptual renderings. 58 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JUNE 10, 2024 | PAGE 5 OF 7 Discussion followed on the drive-thru configuration, the ability to dine in the restaurant, utility boxes, and design questions. Mayor McCann opened the Public Hearing for Item 400. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 400. "MOTION TO APPROVE ITEM 400.” [THE AESTHETIC REVIEW FOR THE RENOVATION OF THE VACANT BRUSTER'S BUILDING INTO A TACO BELL] MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR BENTON. DISCUSSION. VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) 4th Generation Penny Sales Tax - Interlocal Agreement Mayor McCann reviewed the process to date and noted the upcoming vote by Seminole County to adopt the Interlocal Agreement. Discussion followed on the proposed agreement, specifically auditing provisions, and the distribution of funds. "MOTION TO APPROVE ITEM 500.” [THE 4TH GENERATION PENNY SALES TAX - INTERLOCAL AGREEMENT] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5-0. 501) New Business Commissioner Resnick asked that the 2009 Senior Center Municipal Services Agreement be brought to a future meeting and that the Commission consider updating the agreement. Commissioner Bruce asked about solutions at the pickleball courts for bugs, shade, and paddle rotation. Commissioner Resnick noted he thought the city website should be looked at for an overhaul to make it more user-friendly. Mayor McCann commented briefly on the Senior Center and noted he thought the increased attention may be a result of the upcoming election. Brief discussion followed. Interim Manager Hursh noted that he would be willing to set up a Workshop to discuss the Senior Center and the current agreement at a date following the budget workshop. 59 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JUNE 10, 2024 | PAGE 6 OF 7 REPORTS 600) Interim City Manager Phil Hursh • Noted pond sediment removal work was finishing up; • Noted the traffic signal at Michael Blake Boulevard may be active by August; • Noted the Winding Hollow turn lane project would soon be advertised and briefly discussed the anticipated timeline. 601) City Attorney Anthony A. Garganese • Noted an email sent prior to the Commission meeting and an injunction from the Southern District Court of Florida deeming SB774 and the Form 6 requirement for municipal officials unconstitutional. Attorney Garganese noted the Commission on Ethics would be providing further guidance. 602) City Clerk Christian Gowan • No report 605) Seat Three Commissioner Ted Johnson • No report. 606) Seat Four Commissioner Cade Resnick • Suggested collecting attendee data at city events such as email addresses; • Noted a request from the Rotary Club to place entrance signs noting their presence in the city. 607) Seat Five Commissioner Rob Elliott • No report 608) Mayor Kevin McCann • Noted his recent trip to Washington DC with Commissioner Resnick and meetings with Representative Cory Mills and Senators Marco Rubio and Rick Scott. Discussed the potential need for a federal lobbyist’ • Noted the recent Leadership Seminole graduation and congratulated Deputy Mayor Benton on his completion of the program. 603) Seat One Commissioner/Deputy Mayor Matt Benton • Noted he was thankful for the organizations which presented earlier in the meeting and encouraged the City to look into supporting Rescue Outreach Mission. 604) Seat Two Commissioner Victoria Bruce • Noted recent attendance at the Chamber Luncheon; • Noted meeting with Staff to discuss all current development projects 60 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JUNE 10, 2024 | PAGE 7 OF 7 PUBLIC INPUT Mayor McCann opened Public Input. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke about meals provided at the Senior Center the speed limit on State Road 434, a fire hydrant sign that was left in Winding Hollow, and noted she was not in favor of cancelling meetings. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs noted need to properly program the light at Michael Blake Boulevard and keep on schedule with the city manager search.. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs discussed the Winter Springs Community Association, noted they were not a solely political group, and listed a few of their activities. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 9:51 p.m. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK APPROVED: _____________________________________ MAYOR KEVIN McCANN NOTE: These Minutes were approved at the ____________________City Commission Regular Meeting. 61 PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE First Reading of Ordinance Number 2024-06: 1045 N HWY 17-92 Voluntary Annexation of Real Property SUMMARY The property located at 1045 N HWY 17-92 is a single parcel of developed property consisting of 2.57 acres within unincorporated Seminole County that is used for auto sales and as a sheet metal, paint, and body shop. The property is boarded by the City of Winter Springs to the north and east. Highway 17-92 borders to the west of the property, and unincorporated Seminole County borders to the south. The subject property is located within an existing enclave of unincorporated area. The proposed annexation is a voluntary annexation pursuant to petition by the private property owners who also own the parcel to the north. The owners intend to unify their parcels of ownership into one jurisdiction (City of Winter Springs) with considerations for future development consistent with the Light Industrial I-1 zoning district. The statutory criteria for annexation are met as the property is contiguous to surrounding parcels of land that are currently incorporated within the City of Winter Springs, is reasonably compact, eliminates the existing enclave, and is both currently used and anticipated to be used for urban purposes. The elimination of enclaves is consistent with and furthers Policy 1.8.2 of the City's Comprehensive Plan, Land Use Element, which provides that the city shall annex all enclaves, where feasible, in order to reduce land use conflicts and provide efficient public service. The affected property owners will be subject to City of Winter Springs annual business tax receipt and adopted millage rates for property taxes. The County has been notified in writing by staff, evidenced by Exhibit D. Ordinance 2024-06 proposes to annex real property to the boundaries of the City of Winter Springs. FUNDING SOURCE N/A RECOMMENDATION Staff recommends City Commission approve first reading of Ordinance 2024-06. 62 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 Annexation Report – 1045 N HWY 17-92 This report addresses a voluntary annexation request petitioned by Sabirra & Issor Holdings, LLC (“Petitioner” or “Applicant”) pursuant to Section 171.044, Florida Statutes, affecting real property consisting of one tax parcel generally located on the east side of HWY 17-92 south of Shepard Road and legally described in Exhibit C to this Report. The subject property has a street address of 1045 N US HWY 17-92, Winter Springs, FL 32708 with Tax Parcel ID No. 28-20-30-5AS- 0B00-0150. Sabirra & Issor Holdings, LLC acquired the property on February 24, 2021. The Petitioner has authorized Robert Ziegenfuss, PE, of Z Development Services to apply for annexation. Petitioner intends to pursue industrial uses consistent with the City of Winter Springs Comprehensive Plan and land development regulations. Specifically, this Report evaluates whether this request meets the requirements for annexation as outlined in Chapter 171 of the Florida Statutes. Generally, a property owner may request an annexation of real property into the City if the property is contiguous to the municipality’s boundaries and is reasonably compact, if the annexation of the property does not create an enclave, and if no part of the area shall be included within the boundary of another incorporated municipality. Further, the property must be suitable for urban purposes, which is defined as land used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels of land retained in their natural state or kept free of development as dedicated greenbelt areas as described in Section 171.031(13) of Florida Statutes. The property consists of one (1) parcel that is currently developed and used for auto sales and as a sheet metal, paint, and body shop. The proposed annexation property is contiguous to the City’s municipal boundaries. In fact, the Petitioner owns the property directly north of and adjacent to the subject parcel, which is already located within the jurisdictional boundaries of the City of Winter Springs. The proposed annexation area is reasonably compact, creating no enclaves, pockets, or finger areas in serpentine patterns. The subject property consists of approximately 2.57 acres of land with three existing steel/pre- engineered buildings. Annexation of this area is consistent with the City’s Comprehensive Plan, FLU Objective 1.8: Annexation, which provides: The City shall pursue a policy of annexation which will provide for the most efficient use of public facilities and services, eliminate areas of jurisdictional problems, and provide for sound growth and development of the City and surrounding area. In this case, ensuring that the Petitioner’s property under common ownership will be located in one jurisdiction will provide for sound growth and development as cohesive review of future development and building permit applications can occur. Subsequent Comprehensive Plan Policies implementing Objective 1.8 are also relevant, in addition to the City’s Code of Ordinances, section 2.03 regarding annexation procedures. The property is located in unincorporated Seminole County on the east side of US HWY 17-92 south of Shepard Road (See Exhibit B). It is legally described by metes and bounds in Exhibit C. 63 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 The property is bounded to the north by property within the City of Winter Springs, to the east by residential property within the City of Winter Springs, and to the south by properties within unincorporated Seminole County and the City of Winter Springs. The subject property is in Seminole County Commission District #2, which is currently represented by Commissioner Jay Zembower. If annexed into the City of Winter Springs, the area will be included in City Commission district #4, which is currently represented by City Commissioner Cade Resnick (See Exhibit B). The development pattern along US HWY 17-92 surrounding the subject parcel is for General Commercial developments. The Future Land Use (FLU) pattern for surrounding properties north and south of the subject parcel Industrial FLU. The Industrial FLU is typically associated with light manufacturing, assembly, and the processing or storage of products. The applicant indicates an intent to utilize the property in a manner consistent with the City of Winter Springs’ industrial classification. If the property is annexed, the annexation may attract or facilitate additional voluntary annexations into the City of Winter Springs. The description below provides the current and future land uses for the site as follows: The current and reasonably anticipated zoning and future land use designations requested by the applicant are industrial. The subject property consists of three (3) metal buildings currently used for auto repair, body shop, paint, and outdoor vehicle storage. The land is zoned Retail Commercial (C-2) under the Seminole County, Florida Land Development Code, with a Mixed Use (MXD) Future Land Use. Current and Proposed Future Land Use and Zoning Following annexation, the City of Winter Springs will process comprehensive plan amendments to assign the appropriate City future land use designation for the annexed properties. The proposed future land use designations and zoning classifications presented in this Annexation Report are preliminary and may be modified once a more detailed land use analysis occurs when initiating the necessary comprehensive plan amendments. Pursuant to Section 171.062 Florida Statutes, Seminole County future land use and zoning regulations will remain in effect until the City of Winter Springs adopts a comprehensive plan amendment and rezoning of the annexed area. Please refer to Exhibit B for utility, land use, and zoning maps. The applicant has requested I-1 Light Industrial District zoning and Industrial Future Land Use. Staff will further analyze the requested zoning and future land use classifications against the City’s Comprehensive Plan and land use development regulations and criteria. The applicant’s proposed use of the property is to be consistent with the I-1 Light Industrial zoning district. 64 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 Provision of Public Facilities and Services The table below provides the current and potential providers that would serve the property if the annexation ordinance were adopted. Exhibit B illustrates the presence (or lack thereof) of the City of Winter Springs sanitary utility lines and stormwater utility lines in the area. Current and Potential Service Providers Service Current Service Providers Potential Service Providers Potable Water City of Longwood City of Winter Springs Wastewater City of Longwood City of Winter Springs Reclaimed Water None City of Winter Springs Electric Service Duke Energy Duke Energy Solid Waste None Waste Pro Stormwater None City of Winter Springs Police Seminole County City of Winter Springs Fire Seminole County Seminole County The applicant intends to connect to the available City of Winter Springs utilities. Potable Water: The subject property is served by public potable water services by the City of Longwood. Potable water service will be provided by the City of Winter Springs upon annexation based on availability. Wastewater: The subject property is served public wastewater services by the City of Longwood. Wastewater services will be provided by the City of Winter Springs upon annexation based on availability. Reclaimed Water: Reclaimed water services will be provided by the City of Winter Springs upon annexation based on availability. Electric Service: Electric service is currently provided, and will continue to be provided, by Duke Energy. Solid Waste: There does not appear to be a solid waste hauler provided for the subject property. Upon annexation, Waste Pro, LLC. will provide service to the subject property. 65 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 Stormwater Management: Stormwater Management services will be provided by the City of Winter Springs upon annexation based on availability. Police Protection: Police service is currently provided by the Seminole County Sheriff’s Office and will be provided by the City of Winter Springs upon annexation. Fire Protection: The subject property is currently serviced by Seminole County Fire. Upon annexation, Seminole County Fire Department will continue to provide service to the subject property. Business Impact Estimate Proposed Business Impact Estimates, through internal and external resources, project the following: The annexed property will be subject to City of Winter Springs annual business tax receipt to the extent that a business is located on the property. The annexed property will be subject to the City of Winter Springs adopted property tax millage rates. (Exhibit F). Property Tax: The subject property has a projected assessed taxable value of $1,010,378. (Exhibit G). Utility: The City of Winter Springs utility map, located within Exhibit B, illustrates limited accessibility to city utilities at the time of this report. Development & Business: Development Permit and annual Business Tax Receipts shall apply. 66 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 Conclusion The addition of the subject property to the boundaries of the incorporated municipality, the City of Winter Springs, satisfies the statutory criteria for annexation as the property is contiguous to surrounding parcels of land which are currently all incorporated within the City of Winter Springs, is compact, eliminates the existing enclave, and is both currently used and anticipated to be used for urban purposes. The proposed land use will add to the commercial tax base of the City of Winter Springs. Therefore, staff recommends annexation of the subject property. Exhibits Exhibit A – Application Exhibit B – Maps Exhibit C – Legal Description and Survey Exhibit D – Notifications Exhibit E – Legal Advertisements Exhibit F – Business Impact Estimate Exhibit G – Property Assessment Estimate 67 68 69 70 71 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Annexation, CP Amendment, and Rezoning Page 1 of 8 The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant. The application shall be reviewed per City of Winter Springs Comprehensive Plan (CP) and Zoning Code. The sufficiency review shall be completed within thirty (30) calendar days per FL Statue 166.033. A Community Workshop may be required. Applicants are responsible for posting notice (provided by the city) on the site at least seven (7) days prior to the Planning & Zoning Board (PZB) meeting at which the matter will be considered. Said notice shall not be posted within the City right-of-way. Annexations, Comprehensive Plan Amendments and Rezonings are subject to the approval of the City Commission. Each action is only effective when the notice and vote requirements of Chapter 166 and 171, Florida Statutes have been achieved. Small Scale Amendments may be approved without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan under the conditions approved by law. (163.3187 F.S.) Large Scale Comprehensive Plan Amendments are subject to Approval by the Florida Department of Economic Opportunity (DEO) and are not effective until DEO issues a “Notice of Intent” to find the Comprehensive Plan Amendment in compliance with the requirements of Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided by law, the Comprehensive Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section 15-32 as follows: Large Scale Comprehensive Plan Amendments Application submittal deadlines are as follows: •Spring – No later than 5:00 p.m. on the first Wednesday in February. The application(s) will be reviewed at a meeting of the Planning and Zoning Board to be held in April or as otherwise practicable. •Fall – No later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of the Planning and Zoning Board to be held in October or as otherwise practicable. Applicants are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, F.S.. Applicants are further advised that site-specific Rezones are quasi-judicial in nature. Therefore, applicant acknowledges and agrees, by signing below, that he or she: •May be sworn-in as a witness in order to provide testimony to the City Commission; •Shall be subject to cross-examination by party intervenors (if requested); and •Shall be required to qualify expert witnesses, as appropriate. 72 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Annexation, CP Amendment, and Rezoning Page 2 of 8 APPLICANTS are encouraged to familiarize themselves with Section 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission to the extent they are applicable. REQUIRED INFORMATION: Applicant(s): Date: Mailing address: Email: Phone Number: Property Owner(s): Mailing Address: Email: Phone Number: Project Name: Property Address: Parcel ID(s): Parcel Size: Existing Use: Existing Future Land Use: Proposed Future Land Us: Existing Zoning District: Proposed Zoning District: What effect will the proposed amendment have on the City’s budget or the economy of the region? Describe how the City might provide adequate services from public facilities to the affected property. Will the amendment promote the cost effective use of or will it unduly burden public facilities? that is permitted in the I-1 Zoning District. Robert Ziegenfuss, PE - Z Development Services 2/6/24 1201 E. Robinson Street, Orlando, FL 32801 permits@zdevelopmentservices.com 407-271-8910 x501 Sabirra & Issor Holdings LLC 1243 Preserve Point Dr, Winter Park, FL 32789 thegators@me.com 407-719-4447 TBD 1045 N. US Highway 17-92, Longwood, FL 32750 28-20-30-5AS-0B00-0150 113,909 sf - 2.61 ac Auto Repair (all indoor) MXD - Seminole County Industrial C2-Seminole County I-1 The request will increase the city's tax base and will also lead to the redevelopment of the property, which will provide additional jobs and property taxes. The use upon redevelopment has not been established at this time, but will conform wiht the City's code and the use will be one Water and wastewater service will be provided by the City of Longwood. It is our understanding that all other public services are provided by the City of Winter Springs and capacity for the site. 73 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Annexation, CP Amendment, and Rezoning Page 3 of 8 Describe the impact that the proposed amendment will have on the Level of Service (LOS) of public facilities including sanitary sewer, solid waste, drainage, potable water, traffic circulation, and recreation. What impact will the proposed amendment have on the environment, natural resources, and historical resources of the City or the region? Identify surrounding neighborhoods and land use. Is the amendment compatible with these surrounding uses and land use designations? Will the proposed amendment promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the City or region?? Identify how the request is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Will approval of the amendment cause the Comprehensive Plan to be internally inconsistent? Describe how the proposed amendment is consistent with the Goals, Objectives, and Policies of the State Comprehensive Plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29 F-19.001, Florida Administrative Code. for safe traffic circulation. Policy 1.8.2 by annexing an enclave. Water and wastewater services are provided by the City of Longwood. All other public services would be provided by the City of Winter Springs and capacity is available. The site is already developed along US HWY 17-92 and the remainder of the site is an open field with no environmental issues or historical significance. The sites to the North and South are compatible commercial and industrial uses, as well as the sites across 17-92. The property to the East is zoned PUD with a Future Land Use of Medium Density Residential. Appropriate buffering will be proposed at the time of future redevelopment. No, the site will become similar in Zoning to the commonly owned site to the North, already within the City. The Future Land Use of Industrial will be consistent with the other sites within the City that front US Hwy 17-92. The Comprehensive Plan specifically identifies this area as Industrial. Policy 1.2.2, 1.2.3 & 1.2.4 by connecting to Water and sewer systems. Policy 1.2.8 by providing stormwater management. Policy 1.5.5 by providing a buffer for the residential property to the East. Policy 1.6.5 by providing 74 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Annexation, CP Amendment, and Rezoning Page 4 of 8 Is the proposed rezoning in compliance with all procedural requirements established by City code and law? Identify how the request is consistent with the Goals, Objectives and Policies of the Comprehensive Plan including, but not limited to, the Future Land Use Map. Will the proposed change have an adverse effect on the City’s implementation of the Comprehensive Plan? Is the proposed rezoning consistent with any master plan applicable to the property? Is the proposed rezoning contrary to the land use pattern established by the City’s Comprehensive Plan? Substantiate how the proposed rezoning will not create a spot zone (prohibited by law). Does the proposed rezoning materially alter the population density pattern in a manner that will overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure? Yes Policy 1.2.2, 1.2.3 & 1.2.4 by connecting to Public Water and Wastewater systems. Policy 1.2.8 by providing for stormwater management. Policy 1.5.5 by providing a buffer for residential sites to the East. Policy 1.8.2 by annexing an enclave. N/A No. This area is identified as industrial on the City's Future Land Use Map. The proposed Zoning will now coincide with the existing City Zoning in this area. No, since this will be an industrial use. 75 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Annexation, CP Amendment, and Rezoning Page 5 of 8 Does the proposed rezoning result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the City’s Comprehensive Plan? Do changed or changing conditions make the proposed rezoning necessary for the City to serve the population and economic activities? Will the proposed rezoning seriously reduce light or air to adjacent areas? Does the Applicant understand that, IF the City were to be presented with competent substantial evidence indicating that the property values would be adversely affected by the proposed rezoning, the Applicant would then need to demonstrate that the proposed rezoning change would not adversely affect property values in the surrounding area? Describe how the proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property and surrounding property. Describe how the proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare and legitimate government interests? No, since this will expand and fill in a portion of a "Gap" in the City's I-1 Zoning and Industrial Future Land Use Maps for this area. No No Yes All other properties in the vicinity are currently developed. This does not grant a Special Privilege, since the other properties in the area are also Industrial uses. 76 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Annexation, CP Amendment, and Rezoning Page 6 of 8 Explain how the proposed rezoning and allowed uses, intensity, and density are compatible with and not out of scale or incompatible with the surrounding existing development and needs of the neighborhood or the City. Does the proposed rezoning violate any of the City’s applicable land use regulations? Applications in the Town Center to rezone to a transect zone shall meet additional criteria on Sec. 20-31(d)(15). List all witnesses that the applicant intends to present to the City Commission to provide testimony: Describe with specificity any evidence which the applicant intends to present to the City Commission, including oral factual testimony, maps, photographs, records or reports and/or expert testimony: Attach all documentary evidence which the applicant intends to present to the city commission to the back of this application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted at the city commission hearing if not submitted at least seven (7) days prior to such hearing This request will cause the subject site to now be consistent with the City's Future Land Use and Zoning, which was specifically established for this area. No N/A N/A A presentation will be created which shows that the request is justified, since the proposed development will be compatible with the surrounding area. 77 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Annexation, CP Amendment, and Rezoning Page 7 of 8 REQUIRED DOCUMENTATION (PDF): ___ A complete Application and Fee _____ $500.00* - Annexation _____ $500.00* – Small Scale Comprehensive Plan Amendment (Generally 10 acres or fewer) _____ $1000.00* – Large Scale Comprehensive Plan Amendment (Generally 10 acres or greater) _____ $1000.00* – Comprehensive Plan Text Amendment _____ $500.00* – Rezoning _____ $25.00 – Per Acre Fee Total $_________ ___ A general description of the relief sought under this division. ___ A brief narrative, with applicable supporting competent substantial evidence and documents, as to why the application satisfies the relevant criteria set forth in Comprehensive Plan and Zoning Code. ___ A Legal Description accompanied by a certified survey or the portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the subject property (To scale). * Fees are as shown above plus actual costs incurred for advertising or notification, and for reimbursement for technical and/or professional services which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the city’s consultant) , payable prior to approval of the pertinent stage of development. n/a Provided in application responses. Provided in survey. $2,091.35 (500.00 + 750.00 + 750.00 + $35.00 / Acre) X X X X X X X 78 79 80 81 82 83 84 85 86 87 88 4 5 1 Lake Myrtle Longwood NUSHighway 1792Winter Springs S USHighway1792Sol d i e r C r ee k Gee Hammock Commission District Map County of Orange, FL, Seminole County GIS, FDEP, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US City Limits WS_Parcels_2020 Commission Districts 1 4 5 4/18/2024, 3:52:04 PM 0 0.55 1.10.28 mi 0 0.85 1.70.42 km 1:35,792 ArcGIS Web AppBuilder Esri Community Maps Contributors, County of Orange, FL, Seminole County GIS, FDEP, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS | Esri Community Maps Contributors, County of Ordinance 2024-04 89 (886 . 5 7 ' P ) The N o r t h 5 ' o f L o t 1 6 , B l o c k BElectric VaultOn e S t o r y Buil d i n g # 1 0 5 7 PP TR PP PP FOCReinforced Concrete PipeReinforced Concrete PipePARCEL ID: 2820305AS0B000150 THAT PART OF LOTS 15 AND 16(LESS THE NORTH 5 FEET THEREOF), BLOCK B, OAK GROVE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA. LYING TO THE WEST OF THE WESTERLY LINE OF LOT 21, BLOCK C, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, PLAT BOOK 1, PAGE 5, SEMINOLE COUNTY, FLORIDA, LESS ROAD RIGHT OF WAY FOR U.S. HIGHWAY 17-92. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, IF ANY, THE MENTION OF WHICH HEREIN SHALL NOT OPERATE TO REIMPOSE THE SAME. Gross Land Area: 219,293 Sq Ft ± or 5.03 Acres ±. Setback Requirements: SEE FACE OF SURVEY Square footage of Buildings: 22,066 Sq Ft ±. Parking Space Size: (Standard) 16 (Handicap) 00 In the process of conducting the fieldwork, no evidence of site use as a solid waste dump, sump or sanitary landfill were observed. In the process of conducting the fieldwork, no evidence of cemeteries and/or burial grounds were observed. In the process of conducting the fieldwork, no evidence of any water features were observed. In the process of conducting the fieldwork, no evidence of wetland delineation markers were observed. Vehicular Access to Subject Property is provided by: North US Highway 17-92 Set. N a i l & D i s k "LB # 7 6 2 3 " Fnd. 5 / 8 " I r o n R o d & C a p " L B 2 2 0 " Not Found Not F o u n d Not Found Not Found (60' Right-of-Way Per R/W M a p S e c . 7 7 0 1 0 - 2 5 3 3 ) (Asphalt Road) Shepard Road 2' Concrete Gutter 6' Concrete SidewalkDirt/ G r a v e l Con c r e t e Con c r e t eAsphalt Asp h a l t Con c r e t e Con c .ConcreteAsp h a l t 101 . 0 ' 101 . 0 '100.3'100.3'28. 7 '93.8'40. 6 '19.4'41.1 ' 94. 9 '39.9'60.4 ' 95. 0 '40.0'60.4 '50.3'50.3'19.4'17.4 ' 60.7 '80.2'60.7 ' Lot 1 680.2'40.2'100. 2 '40.2'100 . 2 ' 16. 2 '45.9'17. 0 '5.6'212.4'24. 9 '155.8'9.6'48. 7 '6.2'27. 7 '73.7'11 Parking SpacesConcreteLot 1 5 Lot 1 7(110.00' P)(110.00' P)(110.00' P)(704 . 2 0 ' P ) 6' C h a i n L i n k F e n c e 6' Chain Link Fence1.8'S 0.1'S 0.3'N 1.7'W 0.4'EMitered End SectionMitered End SectionMitered End SectionMitered End SectionInletCon c r e t e ConcreteConcrete0.7' C.B.Wall (Typ.)Raven Avenue North US Highway 1792PPWPB WPBTR WP BWPB Shephard Road Seven Oaks BoulevardPP ConcreteCon c . EM C O U t i l i t y Se p t i c T a n k Con c . Asp h a l t Flu m e Flu m e LP EM C O U t i l i t y EM C O U t i l i t y Con c .Monoflex UtilityCov e r e d C o n c . P a d 3 P a r k i n g S p a c e s 2 ParkingSpacesGra v e l Vicinity Map NOT to Scale ALTA/NSPS CERTIFICATION Certified to: SABIRRA & ISSOR HOLDINGS LLC, A FLORIDA LIMITED LIABILITY COMPANY; LIBERTY TITLE COMPANY; WESTCOR LAND TITLE INSURANCE COMPANY: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 7, 8, 9, 11, and 13 of Table A thereof. The fieldwork was completed on 02/23/21. Date of Plat or Map: 02/24/2021. ______________________________ Patrick K. Ireland, PSM 6637 ISSEFORP PT ANO ROTREC I FIC E TA STATE OF NO. 6637 LF RO I D A REPPAM&A L DNAL YEVRUS NADKCI LERIR Office-407.678.3366 800 Currency Circle || Suite 1020 This Survey is intended ONLY for the use of Said Certified Parties. This Survey NOT VALID UNLESS Signed and Embossed with Surveyor's Seal. Patrick K. Ireland PSM 6637 LB 7623 Ireland & Associates Surveying, Inc. Denoted with a "BB". by NOR given to this Surveying Company at the time of this Endeavor. affected by Flood Factors and/or other information NEITHER known is Subject to Final Approval by F.E.M.A. This Determination may be Ireland & Associates Surveying Inc. and the signing surveyor assume NO Liability for the Accuracy of this Determination. Overlaps and/or Hiatus. >Fence Ownership is NOT determined. been located UNLESS otherwise noted. Liability to the Surveyor. Nothing Hereon shall be Construed to give ANY Rights or Benefits to Anyone Other than those Certified. >Flood Zone Determination Shown Heron is Given as a Courtesy, and >Bearing Basis shown hereon, is Assumed and Based upon the Line >Building Ties are NOT to be used to reconstruct Property Lines. >Subject to any Easements and/or Restrictions of Record. >Roof Overhangs, Underground Utilities and/or Footers have NOT >Abutting Properties Deeds have NOT been Researched for Gaps, >Septic Tanks and/or Drainfield locations are approximate and MUST be verified by appropriate Utility Location Companies. >Use of This Survey for Purposes other than Intended, Without Written Verification, Will be at the User's Sole Risk and Without >Survey is Based upon the Legal Description Supplied by Client. Date Completed: 02/24/21 -Legend- File Number: IS-84856 FFE Fnd. - Finished Floor Elevation - Found - Official Records Book - Non-Radial - Plat Book - Nail & Disk - Length (Arc) - Measured - Iron Pipe N.R. ORB N&D L M IP P.B. P - Plat - Drainage Easement - Concrete Monument - Concrete Block - Federal Emergency Management Agency Field Date: 02/23/21 - Easement - Description - Centerline - Calculated - Concrete Drawn By: SMT/TCD Conc. Esmt. CM CB CL C DE D F.E.M.A. - RadialRad. R&C - Rebar & Cap - Utility Easement - Water Meter - Set ½" Rebar & Cap "LB 7623" - Recovered - TypicalTyp. Rebar UE - Roofed Rec. Rfd. Set WM - Point of Curvature - Point of Intersection - Point of Beginning - Point on Line - Power Pole - Permanent Reference Monument - Point of Tangency - Radius - PagePg. P.O.B. P.O.L. PRM PC PP PT R PI -Notes- Fax-407.320.8165 Lake Mary, Florida 32746 www.irelandsurveying.com K O I STATE OF NO. 6637 D TI A EAP LPROFESSIONA T R LC C F N L R IREL DNS U R V E YA &MAPPERADIR AT E CIF ORFIRM THE FOR ALTA/NSPS Land Title Survey Legal Description: _ __ _- Chain Link Fence- Wood Fence - Delta (Central Angle) OSESWSNEEWNWN 0'10'20' Graphic Scale Scale: 1"=20' 40' Boundary Survey NorthN I hereby Certify that this ALTA/NSPS Land Title Survey of the above Described Property is True and Correct to the Best of my Knowledge and Belief as recently Surveyed under my Direction on the Date Shown, Based on Information furnished to Me as Noted and Conforms to the Standards of Practice for Land Surveying in the State of Florida in accordance with Chapter 5J-17.052 Florida Administrative Codes, Pursuant to Section 472.027 Florida Statutes. Schedule B-II (Exceptions) Issued by: Westcor Land Title Insurance Company Plant File No.: 19-11559 Issuing Agent: Liberty Title Company Effective Date: January 26, 2021 @ 8:00 AM - Wood Power Pole T PP - FDOT Storm Manhole - Storm Inlet - Sanitary Manhole - Storm Manhole - Gas Valve - Fire Hydrant - Back Flow Preventor - Cleanout - Transformer - Concrete Light Pole - Water Valve - FIBER OPTIC CABLE - HANDICAP PARKING PS - PARKING SPACES - ELECTRIC BOXEB - TELEPHONE RISER - Sanitary Valve - DOT INLET - SIGNFOCCO - TRAFFIC SIGNAL BOXTSBCWP - Crosswalk Post CR - Cable Riser GV - Gas Valve - Curb Inlet - ELECTRIC METEREMDP - Dumpster Pad SB - Setback TR - FIRE DEPARTMENT CONNECTION CB - Concrete Block GT - Grease TrapGM - Gas Meter -Legend-FDC- Water Meter - TRAFFIC PANELTP - SIGNAL POLESP - Mitered End Section JB - STORM JUNCTION BOX - BOLLARD - Air Release Manhole HR - HANDICAP RAMP - Guy Anchor TLP - TRAFFIC LIGHT POLE - Concrete Power Pole PP FOCB - FIBER OPTIC CABLE BOX - TELEPHONE BOXTB W - Well MES 1.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2.Rights or claims of parties in possession not shown by the Public Records. 3.Any visible encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of existing improvements located on the adjoined land. 4.Easements or claims of easements not shown by the Public Records. 5.Taxes or special assessments which are not shown as existing liens by the public records. 6.Taxes and assessments for the year and subsequent years, which are not yet due and payable. 7.Restrictions, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat recorded in Plat Book 7, at Page(s) 83, of the Public Records of Seminole County, Florida. 8.Ordinance No. 202 recorded in Official Records Book 1247, Page 732, of the Public Records of Seminole County, Florida. 9.Existing lease by and between Superior Sheds, Inc., as Lessee and Richard Moretti originally dated May 11, 2009 and amended as to sales tax on December 19, 2011, being an unrecorded lease, and all rights thereunder of the lessees and of any person claiming by, through or under lessees. 10.Easement(s) in favor of Florida Power Corporation recorded in Official Records Book 353, Page 343, of the Public Records of Seminole County, Florida. NOT A SURVEY MATTER. NOT A SURVEY MATTER. NOT A SURVEY MATTER. NOT A SURVEY MATTER. NOT A SURVEY MATTER. NONE PROVIDED TO SURVEYOR AT TIME OF SURVEY. Agent File No.: 38963 Blo c k B Blo c k B Blo c k B N 03°43'31" E50.00'(P)N 03°43'31" E (C) 579.5'(P)69°2 8''( P) 8 1 ° 4 ' ' ( P ) 152°4''(P) 153°29''(P)98°56''(P)10 5 ° 4 7 ' ' ( P )(180' Right-of-Way Per R/W Map Sec. 77010-2533)(Asphalt Road)North US Highway 17 92Th e R e m a i n i n g P o r t i o n o f L o t 1 8 , B l o c k B (N o t I n c l u d e d i n t h i s L e g a l D e s c r i p t i o n ) North Line of Lot 18, Bloc k B 70.00'(P)N 03°43'31" E(C)Thi s P o r t i o n o f L o t 1 7 , B l o c k B (No t I n c l u d e d i n t h i s L e g a l D e s c r i p t i o n ) Thi s P o r t i o n o f L o t 1 6 , B l o c k B (No t I n c l u d e d i n t h i s L e g a l D e s c r i p t i o n ) Thi s P o r t i o n o f L o t 1 5 , B l o c k B (No t I n c l u d e d i n t h i s L e g a l D e s c r i p t i o n ) Not Inlcuded (Per Plat) North Line of Lot 18, Block B NORTHWEST CORNER OF WILDWOOD PLAT BOOK 19, PAGES 7 THROUGH 10 Not Set or Fnd. S 85°54'29" W(C) 327.7 6 ' ( C ) S 86°02'40" W(D) 327.5 9 ' ( D ) Parcel ID: 2820305AS0B00015A Owner: Dittmer Properties, Inc. Lot 1 4 Bloc k B N 6 6 ° 0 9 ' 3 1 " W ( C ) 5 4 8 . 4 3 ' ( C ) N 6 6 ° 0 9 ' 3 1 " W 5 4 8 . 4 3 ' ( M ) Parcel ID: 2820305TK00000430 Owner: ADRIANNA S. VALLES Parcel ID: 2820305TK00000420 Owner: EARL F. & KAREN L. C R A W F O R D Parcel ID: 2820305TK00000410 Owner: TERRY & CAROL GRO V E Parcel ID: 2820305TK00000400 Owner: CHRYSTAL L. & ANA P . M A L T B Y Parcel ID: 2820305TK00000390 Owner: DEBORAH M. SASSA N O & D O N A L D W . B A R B E E Par c e l I D : 282 0 3 0 5 A S 0 B 0 0 0 1 4 0 Ow n e r : AL F R E D O V . C R I S T Y Parcel ID: 2820305AS0B00017A Owner: Dittmer Properties, Inc.SEVEN OAKSPlat Book 77, Pages 85 - 91SEVEN OAKSPlat Book 77, Pages 85 - 91WILDWOOD Plat Book 19, Pages 7 - 10 WILDWOODPlat Book 19, Pages 7 - 10A P o r t i o n o f L o t 1 8 , B l o c k B Par c e l 1 Par c e l I D : 282 0 3 0 5 A S 0 B 0 0 0 1 5 02.5'SSouth Right-of-Way Line Plat LimitsPlat LimitsPla t L i m i t s Pla t L i m i t s Westerly Line of Lot 21, D.R. Mitchell's Survey of the Levy Grant Plat Book 1, Page 5Set. 1/2" Iron Rod& Cap LB# 7623Site CONCRETE, FENCES, AND ASPHALT OVERLAPS PROPERTY LINES. NO UNDERGROUND IMPROVEMENTS LOCATED AT TIME OF SURVEY. PLOTTED IF APPLICABLE. EASEMENTS AFFECTS LOTS 17 AND 18, BLOCK B, OAK GROVE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83, AND IS BLANKET IN NATURE AND NOT PLOTTABLE. F.P.C. DRAWING No. T-2849-A OF POWER LINE IS ILLEGIBLE REZONING OF TRACT A OF LOTS 17 AND 18, BLOCK B, OAK GROVE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83, LOCATION OF TRACT A IS UNKOWN 1045 NORTH US HIGHWAY 17 92 Unincorporated Seminole County Zoning: C-2 (Retail Commercial) Setbacks: Front - 25 feet Side Street - 25 feet Side - 0 feet Rear - 10 feet 1057 NORTH US HIGHWAY 17 92 City of Winter Springs Zoning: I-1 (Light Industrial) Setbacks: Front - 25 feet Side Interior - 5 feet Side Corner - 15 feet Rear - 15 feet C1 L=212.34'(C) R=5600.12'(C) D=002°10'21"(C) CB=N22°19'42"E(C)(M) 212.33'(C)(M) C2 L=216.17' R=5600.12' D=002°12'42" CB=S24°31'14"W(C)(M) 216.16'(C)(M) -Notes- > All the Parcels of the legal description are fully contiguous to each other along the entire lengths of the North Line of Parcel ID: 2820305AS0B000150 and the South Line of Parcel ID: 2820305AS0B00017B and, taken as a tract, constitute one contiguous Parcel of Land. Revisions Legal Description 03/08/21 10" OAK 8" OAK 10" OAK 10" OAK 8" OAK 8" OAK 20" PALM 26" OAK 26" OAK 30" OAK (2) 12" OAK 24" PALM 10" OAK 14" PALM 8" OAK 16" PALM 14" OAK 14" PALM 8" OAK 14" PALM 16" PALM 16" PALM 12" PALM 16" PALM 16" PALM 12" PALM 14" PALM 16" PALM 16" PALM 8" OAK 8" OAK (2) 10"/12" OAK 10" OAK (2) 6"/8" OAK 12" OAK (2) 6" OAK (2) 6" OAK 6" OAK 8" OAK14" PALM 10" OAK 8" OAK 12" PINE Updated Parcel 1 - 01/17/24 LP LP N 6 9 ° 2 2 ' 1 9 " W 6 0 5 . 2 2 ' ( C ) N 6 9 ° 2 2 ' 3 1 " W 6 0 5 . 1 7 ' ( M ) S 6 3 ° 5 7 ' 3 4 " E ( C ) 4 7 8 . 0 1 ' ( P ) S 6 3 ° 5 7 ' 3 4 " E 4 7 8 . 3 8 ' ( M )N 05°36'59" E 103.90'(M)N 6 5 ° 4 4 ' 2 9 " W 9 4 9 . 9 0 ' ( P ) N 6 5 ° 4 4 ' 2 9 " W 5 2 4 . 2 5 ' ( M ) T o W i t n e s s S 84°47'31" W(C) 330'(P ) S 84°47'31" W 80.00'(P)S 04°50'29" W 293.40'(M)C1CLOne S t o r y Buil d i n g # 1 0 4 5 Buil d i n g One S t o r y Buil d i n g One S t o r y LP LP "B B "S 04°49'47" W(C) 397.80'(C)CLS 04°49'24" W(D) 301.54'(M)S 04°49'47" W(M) 291.545'(M)S 04°49'25" W(C) 301.67'(C)75.1 3 ' ( C ) 75. 7 8 ' ( C ) 77. 6 6 ' ( C ) 77. 7 4 ' ( C )N 05°01'45" E 126.04'(M)S 04°49'47" W(C)(M) 209.23'(C)(M)S 04°49'47" W(C)(M) 188.62'(C)(M)C2175' Florida Power Corporation EasementPer O.R.B. 353, Page 343 &Per Plat Book 19, Page 7Fn d . 3 / 4 " I r o n P i p e (No I d e n t i f i c a t i o n ) Point of Beginning Fnd. 5/8" Iron Rod & Cap "LB 3225" Ce n t e r l i n e o f 1 7 5 ' F . P . C . E a s e m e n t Fn d . 4 " x 4 " C M (PL S # 5 2 0 5 )TAKING FOR RIGHT-OF-WAYParcel ID: 2820305TK00000440 Owner: CADE J. RESNICK Set. 1 / 2 " R e b a r & Cap " L B 7 6 2 3 " Parcel ID: 2820305AS0B000180 Owner: Dittmer Properties, Inc. SURVEYOR'S LEGAL DESCRIPTION: A PORTION OF LOTS 15 AND 16, BLOCK B, OAK GROVE PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 83, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF CORNER OF LOT 15, BLOCK B, OAK GROVE PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 83, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE, ALONG THE SOUTH LINE OF SAID LOT 15, NORTH 69°22'19" WEST 605.22 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS 5,600.12 FEET, A CENTRAL ANGLE OF 04°23'03", A CHORD DISTANCE OF 212.33 FEET AND A CHORD BEARING OF NORTH 22°19'42" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 212.34 FEET; THENCE SOUTH 66°09'31" EAST 548.43 FEET; THENCE SOUTH 04°49'27" WEST 188.62 FEET TO THE POINT OF BEGINNING. Added Surveyor's Legal Description - 04/04/24 Southeast Corner of Lot 15, Block B 90 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org June 10, 2024 Notice – City of Winter Springs Annexation of Real Property Located at 1045 N US HWY 17‐92, Longwood, FL 32750 Seminole County Commission: This shall serve as an update to previous notices. The first and second reading dates have been rescheduled to June 24, 2024 and July 15, 2024, respectively. The City of Winter Springs will be considering adoption of an annexation of real property owned by Sabirra & Issor Holdings, LLC pursuant to Ordinance 2024‐06 on June 24, 2024 and July 15, 2024 at 6:30pm or soon thereafter in the Commission Chambers located at 1126 E. SR‐434, Winter Springs, FL 32708. A copy of the public notice and Ordinance 2024‐06 are enclosed. In summary, it is the annexation of one parcel of land comprising of approximately 2.57 gross acres, more or less, currently within Seminole County, Florida, and generally located at 1045 N US HWY 17‐92, Longwood, Florida 32750. If you have any questions, please feel free to call the City Clerk at (407) 327‐1800 (#227). Thank you, TJackson Talbert Jackson, MSURP Senior Planner 91 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION WILL CONSIDER THE ADOPTION OF THE FOLLOWING: ORDINANCE NO. 2024‐06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND OWNED BY SABIRRA & ISSOR HOLDINGS, LLC, AND COMPRISING APPROXIMATELY 2.57 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 1045 N US HWY 17‐92; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT“A” ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Exhibit A: Proposed Annexation Area | Tax Parcel ID: 28‐20‐30‐5AS‐0B00‐0150 92 THE CITY COMMISSION WILL CONSIDER ADOPTION OF THE ORDINANCE AT A PUBLIC HEARINGS HELD ON MONDAY, JUNE 24, 2024 AND JULY 15, 2024 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. The proposed ordinance and complete legal description by metes and bounds may be obtained by interested parties Between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327‐1800 #253. Persons with Disabilities needing assistance to participate in any of these proceedings should call (407) 327‐1800 #236, 48 hours in advance of the meeting. This is a public hearing, and interested Parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. 93 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org May 14, 2024 Notice – City of Winter Springs Annexation of Real Property Located at 1045 N US HWY 17-92, Longwood, FL 32750 Seminole County Commission: Due to cancellation of the May 20, 2024 City Commission meeting, this shall serve as an additional update to previously submitted notifications dated April 18, 2024 and April 11, 2024. The City of Winter Springs will be considering adoption of an annexation of real property owned by Sabirra & Issor Holdings, LLC pursuant to Ordinance 2024-06 on June 10, 2024 and June 24, 2024 at 6:30pm or soon thereafter in the Commission Chambers located at 1126 E. SR-434, Winter Springs, FL 32708. A copy of the public notice and Ordinance 2024-06 are enclosed. In summary, it is the annexation of one parcel of land comprising of approximately 2.57 gross acres, more or less, currently within Seminole County, Florida, and generally located at 1045 N US HWY 17-92, Longwood, Florida 32750. If you have any questions, please feel free to call the City Clerk at (407) 327-1800 (#227). Thank you, TJackson Talbert Jackson, MSURP Senior Planner 94 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION WILL CONSIDER THE ADOPTION OF THE FOLLOWING: ORDINANCE NO. 2024‐06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND OWNED BY SABIRRA & ISSOR HOLDINGS, LLC, AND COMPRISING APPROXIMATELY 2.57 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 1045 N US HWY 17‐92; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT“A” ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Exhibit A: Proposed Annexation Area | Tax Parcel ID: 28‐20‐30‐5AS‐0B00‐0150 95 THE CITY COMMISSION WILL CONSIDER ADOPTION OF THE ORDINANCE AT A PUBLIC HEARINGS HELD ON MONDAY, JUNE 10, 2024 AND JUNE 24, 2024 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. The proposed ordinance and complete legal description by metes and bounds may be obtained by interested parties Between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327‐1800 #253. Persons with Disabilities needing assistance to participate in any of these proceedings should call (407) 327‐1800 #236, 48 hours in advance of the meeting. This is a public hearing, and interested Parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. 96 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org April 18, 2024 Notice – City of Winter Springs Annexation of Real Property Located at 1045 N US HWY 17‐92, Longwood, FL 32750 Seminole County Commission: This shall serve as an update to the previously submitted notification dated April 11, 2024 to notify public hearing date changes to a later date. The City of Winter Springs will be considering adoption of an annexation of real property owned by Sabirra & Issor Holdings, LLC pursuant to Ordinance 2024‐06 on May 20, 2024 and June 10, 2024 at 6:30pm or soon thereafter in the Commission Chambers located at 1126 E. SR‐434, Winter Springs, FL 32708. A copy of the public notice and Ordinance 2024‐06 are enclosed. In summary, it is the annexation of one parcel of land comprising of approximately 2.57 gross acres, more or less, currently within Seminole County, Florida, and generally located at 1045 N US HWY 17‐92, Longwood, Florida 32750. If you have any questions, please feel free to call the City Clerk at (407) 327‐1800 (#227). Thank you, TJackson Talbert Jackson, MSURP Senior Planner 97 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION WILL CONSIDER THE ADOPTION OF THE FOLLOWING: ORDINANCE NO. 2024‐06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND OWNED BY SABIRRA & ISSOR HOLDINGS, LLC, AND COMPRISING APPROXIMATELY 2.57 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 1045 N US HWY 17‐92; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT“A” ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Exhibit A: Proposed Annexation Area | Tax Parcel ID: 28‐20‐30‐5AS‐0B00‐0150 98 THE CITY COMMISSION WILL CONSIDER ADOPTION OF THE ORDINANCE AT A PUBLIC HEARINGS HELD ON MONDAY, MAY 20, 2024 AND JUNE 10, 2024 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. The proposed ordinance and complete legal description by metes and bounds may be obtained by interested parties Between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327‐1800 #253. Persons with Disabilities needing assistance to participate in any of these proceedings should call (407) 327‐1800 #236, 48 hours in advance of the meeting. This is a public hearing, and interested Parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. 99 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org April 11, 2024 Notice – City of Winter Springs Annexation of Real Property Located at 1045 N US HWY 17‐92, Longwood, FL 32750 Seminole County Commission: The City of Winter Springs will be considering adoption of an annexation of real property owned by Sabirra & Issor Holdings, LLC pursuant to Ordinance 2024‐06 on May 06, 2024 and May 20, 2024 at 6:30pm or soon thereafter in the Commission Chambers located at 1126 E. SR‐434, Winter Springs, FL 32708. A copy of the public notice and Ordinance 2024‐06 are enclosed. In summary, it is the annexation of one parcel of land comprising of approximately 2.57 gross acres, more or less, currently within Seminole County, Florida, and generally located at 1045 N US HWY 17‐92, Longwood, Florida 32750. If you have any questions, please feel free to call the City Clerk at (407) 327‐1800 (#227). Thank you, TJackson Talbert Jackson, MSURP Senior Planner 100 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION WILL CONSIDER THE ADOPTION OF THE FOLLOWING: ORDINANCE NO. 2024‐06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND OWNED BY SABIRRA & ISSOR HOLDINGS, LLC, AND COMPRISING APPROXIMATELY 2.57 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 1045 N US HWY 17‐92; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT“A” ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Exhibit A: Proposed Annexation Area 101 THE CITY COMMISSION WILL CONSIDER ADOPTION OF THE ORDINANCE AT A PUBLIC HEARINGS HELD ON MONDAY, MAY 06, 2024 AND MAY 20, 2024 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. The proposed ordinance and complete legal description by metes and bounds may be obtained by interested parties Between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327‐1800 #253. Persons with Disabilities needing assistance to participate in any of these proceedings should call (407) 327‐1800 #236, 48 hours in advance of the meeting. This is a public hearing, and interested Parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. 102 Dear Amy: Just before the pandemic, I started dating a charming, smart, hand-some, funny guy (we’re both men). Our dates were delightful, except when-ever I suggested getting physically affectionate, he always had an excuse not to.The relationship faded out. After a few months, I drunkenly texted him, and he responded by asking if I wanted to be friends with benefits.We started hanging out again, and we had sex a few times, but there was no romance or spark. No charm, no jokes, no fun and no cuddling. After-ward, he would abruptly leave. It was like he was a different person.I felt like a human being when we were hanging out, and like an object when we were having sex. I started making excuses not to have sex (our dates were still great), but he kept hinting.Then, he suddenly moved out of the coun-try. He’d been planning this, but hadn’t told me. After a year away, he came for a visit and asked to stay with me for three weeks. He made many blunt requests for sexual acts, even though I’d been saying I wasn’t really interested.While he was stay-ing with me, he slept in my bed without asking. I was so uncomfortable, I decided to sleep on the couch. On the third night we were drinking, and I gave in. I felt terrible after-ward.I finally asked him to find another place to stay. He left. We have not been in touch at all since then.I miss the friendship. I miss the possibility of romance (it seemed like it should have worked as a relationship), even though a relationship never happened.Lately, I’ve been consid-ering reaching out again. I feel terrible about how it ended, but it doesn’t sound like there’s any point, does there? I can’t see how it would be any different. I’d like a second opinion.— J Dear J: You have described a series of creepy sexual encounters with a man who is a Dr. Jekyll in friendship and a Mr. Hyde in bed. The last encounter was an assault (you were drunk when you “gave in” to his coer-cion).This sexual objectifi-cation has made you so uncomfortable that you have deliberately kept your distance. And why? Because he is a creep, and because you have self- respect and don’t want to be treated like an object.I could speculate about why he behaves this way, but the reasons don’t matter. You do matter.You want the benefit of a genuine and authentic romance and relationship; he wants something else entirely.You’ve asked for a second opinion. Mine is that you should remove the temptation to drunk text him by blocking all contact. Steer clear. Dear Amy: I’m the mother of two adults. My daughter has my only two grandchildren.I moved to another state after retirement for about six years, and during those six years, I traveled back for every holiday, birthday, anniver-sary, etc.I recently moved back and it’s totally different. My daughter favors her in-laws. She has allowed the kids to call my brother and his wife “grandparents.”I don’t get invited to “hang out” with her, “the in-laws” and “the grand-parents.” I feel replaced. How can I address this without destroying what little relationship I have?— Heartbroken Dear Heartbroken: I suggest you take this in careful stages. In between special occasions, your daughter’s family has chugged along accord-ing to a basic pattern. You have to look for ways to integrate into their lives.Setting aside the choice to refer to your brother and his wife as “grand-parents” (what’s with that?), I suggest you invite the whole family (including in-laws) for a barbecue or meal in your new home.Also, share your concern with your daugh-ter: “I feel like I’m strug-gling here. Can you help me find ways to spend more time with the family?” Dear Amy: I’m enjoy-ing some of the “rerun” columns you are featur-ing lately. These columns remind me of how consis-tent and funny you’ve been through the years. Thank you for the enter-tainment!— A Fan Dear Fan: To be candid, they haven’t all been winners. I am cherry- pick-ing some of my favorites. Copyright 2024 by Amy Dickinson Distributed by Tribune Content Agency ‘Friend with benefits’ sending mixed signals ASK AMY By Amy Dickinson askamy@amydickinson.com Twitter@askingamy From news services Public Enemy rapper Flavor Flav is doing every-thing he can to save Red Lobster as the embattled restaurant chain battles extinction.“Ya boy meant it when I said I was gonna do anything and everything to help @redlobster and save the cheddar bay biscuits ... ordered the whole menu!!!” the rapper captioned a photo of him with a lot of seafood at one of its loca-tions.Red Lobster recently filed for Chapter 11 bank-ruptcy but said it hoped to continue operating as it has for the past five decades, despite closing dozens of locations.Flavor Flav at the time urged Red Lobster to “call” him.“I use my platform to help others, and now I wanna use it to help save one of America’s greatest dining dynasties,” he wrote on X last week.The eatery enthusi-astically responded to Flavor Flav’s latest visit by responding to one commenter: “Not all heroes wear capes! This hero wears clocks!!” referring to the rapper famously wear-ing timepieces around his neck.“Flavor Flav is a true Cheddar Bae!” the restau-rant said to another. Netflix sued over series: A woman who says she is the inspiration for the relent-less stalker at the center of Netflix’s “Baby Reindeer” sued the streaming giant Thursday for defamation and is seeking at least $170 million in damages.Fiona Harvey, a Scottish attorney living in England who says the charac-ter Martha on the widely viewed limited series is clearly based on her, filed the lawsuit in federal court in Los Angeles. The suit alleges that Netflix was negligent, intentionally subjected her to emotional distress and violated her right to publicity. “The lies that Defendants told about Harvey to over 50 million people world-wide include that Harvey is a twice- convicted stalker who was sentenced to five years in prison and that Harvey sexually assaulted Gadd,” the lawsuit says. “Defendants told these lies, and never stopped, because it was a better story than the truth, and better stories made money.”Netflix responded with a statement: “We intend to defend this matter vigor-ously and to stand by Rich-ard Gadd’s right to tell his story.” Tony Awards reveal perfor- mances: The best of the best of this year’s Broadway season will get prime-time placement for the 77th annual Tony Awards.New musicals includ-ing “Hell’s Kitchen,” “Water for Elephants” and “The Outsiders,” as well as an interactive revival of “Cabaret,” are among the performers set for the June 16 ceremony, hosted by Oscar winner Ariana DeBose.The show will air live on CBS and stream on Para-mount+.It will feature perfor-mances from eight of the productions nominated, producers said Thursday. “Illinoise,” “Merrily We Roll Along,” “Suffs” and “The Who’s Tommy” are among the lineup. June 10 birthdays: Actor Alexandra Stewart is 85. Singer Shirley Alston Reeves is 83. Actor Frankie Faison is 75. Bassist Kim Deal is 63. Actor Gina Gershon is 62. Actor Kate Flannery is 60. Guitarist Joey Santiago is 59. Singer JoJo is 53. Singer Faith Evans is 51. Actor Hugh Dancy is 49. Actor DJ Qualls is 46. CELEBRITIES Flavor Flav tries to save the biscuits Flavor Flav, seen June 5, says he wants to save Red Lobster. JOHN KATSILOMETES/LAS VEGAS REVIEW-JOURNAL 8 Orlando Sentinel | Section 2 | Monday, June 10, 2024 Notice is hereby given to all property owners located within theboundaries of the Capital Project Assessment Area of the Dommerich Hills Phases 1–4Sanitary Sewer Improvements thatthe City of Maitland intends to use theuniform method of collecting the non-ad valorem assessments levied by the City of Maitland City Council as set forth in Section 197.3632(3)(a),Florida Statutes.Maitland City Council shall hold apublic hearing on June 24,2024,at 6:30 p.m.in the Council Chambers located at 1776 Independence Lane Maitland,Florida.The purpose of the public hearing is to consider the adoption of Resolution 11-2024 authorizing the CityofMaitland City Council to use the uniform method of collectingnon-ad valorem assessments to be levied per parcel of each benefitted real property.This non-ad valorem assessment shall appear on the 2025 tax bill andbepayable in ten (10)equal yearly installments plus interest and be collected by the Orange County Ta xCollector,pursuanttoChapter 197,Florida Statutes.Thisnon-ad valorem assessment is being levied for the first time.All affected property owners have the righttoappear and be heard regarding the use of the uniform method of collecting such non-ad valorem assessments.Allaffected property owners have theright to file written objections with the City of Maitland City Council by emailingthe City Clerk at lhollingsworth@itsmymaitland.com,no later than June 17,2024.Resolution 6-2024 adopted on May 13,2024,along with the preliminaryassessment roll,are available for public inspection at theOffice of the City Clerk 3rd Floor City Hall1776 IndependenceLane Monday –Thursday7am -6pm. If anypersondecides to appealany decision made with respect to anymatter considered at this publichearing such person will need arecordofproceedings and for such purpose may need to ensure thataverbatimrecordofthe proceedings is made at their ownexpense and which record includes the testimonyand evidence on whichthe appeal is based. Personswith disabilities who need an accommodation to participate in anyofthese proceedings should contact the City Clerk’soffice (407)539-6219 forty-eight (48) hours in advance of the hearing. Dated this 14th day of May 2024 City of Maitland Published in the Orlando Sentinel: 5/27,6/3,6/10 &6/17/2024 NOTICE BY THE CITY OF MAITLAND OF INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-ADVALOREMASSESSMENT NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION WILL CONSIDER THE ADOPTION OF THE FOLLOWING: ORDINANCE NO. 2024-06 AN ORDINANCE OF THE CITY C OMMISSION O F THE CITY O F WINTER S PRINGS, FLORIDA, A NNEXING ONE (1) PARCEL OF LAND OWNED BY SABIRRA & ISSOR HOLDINGS, LLC, AND COMPRISING APPROXIMAT ELY 2.57 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCAT ED AT 1045 N US HWY 17-92; SAID PA RCEL BEING MORE PA RTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORAT E THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIAT E AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Exhibit A: Proposed A nnexation Area | Ta x Parcel ID: 28-20-30-5AS-0B00-0150 CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, JUNE 24, 2024 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCAT ED AT WINTER SPRINGS CITY HALL 11 26 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 CITY COMMISSION SECOND READING/ADOPTION PUBLIC HEARING WILL BE HELD ON MONDAY, JULY 15, 2024 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCAT ED AT WINTER SPRINGS CITY HALL 11 26 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 The proposed ordinance and complete legal description by metes and bounds may be obtained by interested parties Between 8 a.m. and 5 p.m., Monday through Friday, at theCity’sClerk’s Office,located at 11 26 E.SR 434,Winter Springs,Florida.Formore information,call (407)327-1800 #253.Persons withDisabilitiesneeding assistanceto participateinany of theseproceedings shouldcall(407)327-1800 #236,48 hoursin advanceofthe meeting.This is apublic hearing,and interested Partiesare advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. 103 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4) This form should be included in the agenda packet with the proposed ordinance to be considered. It must be posted on the City’s website by the time notice of the proposed ordinance is published. City Commission Meeting Dates: May 20, 2024 & June 10, 2024 Ordinance Number: 2024-06 Posted To Webpage: April 29, 2024 This Business Impact Estimate is given as it relates to the proposed ordinance titled: ORDINANCE NO. 2024-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND OWNED BY SABIRRA & ISSOR HOLDINGS, LLC, AND COMPRISING APPROXIMATELY 2.57 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 1045 N US HWY 17-92; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Parts I-IV below are not required to be completed if the ordinance involves any one of the following types of exemptions. Please check if applicable: __ 1. Ordinances required for compliance with federal or state law or regulation; __ 2. Ordinances relating to the issuance or refinancing of debt; __ 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; __ 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; __ 5. Emergency ordinances; __ 6. Ordinances relating to procurement; or __ 7. Ordinances enacted to implement the following: __ a. Part II of chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements, and development permits; This Business Impact Estimate may be revised following its initial posting. 104 This Business Impact Estimate may be revised following its initial posting. Part I. Summary of the proposed ordinance and statement of public purpose: Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Winter Springs: (fill out subsections a-c as applicable, if not applicable write “not applicable”) Part IV. Additional Information the City Commission may find useful (if any): (c) An estimate of the City of Winter Springs’ regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. (a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: The annexation adds to the City's jurisdictional boundary, eliminates an enclave, and potentially increases the local tax base. The applicant intends to pursue a use consistent with the City's Light-Industrial (I-1) Zoning District. (b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and __ b. Sections 190.005 and 190.046 __ c. Section 553.73, relating to the Florida Building Code; or __ d. Section 633.202, relating to the Florida Fire Prevention Code. Ordinance 2024-06 proposes to annex real property to the boundaries of the City of Winter Springs. The proposed annexation is a voluntary annexation pursuant to petition by the private property owner. The statutory criteria for annexation are met as the property is contiguous to surrounding parcels of land that are currently incorporated within the City of Winter Springs, is compact, eliminates the existing enclave, and is both currently used and anticipated to be used for urban purposes. The proposed land use will add to the tax base of the City of Winter Springs. The elimination of enclaves is consistent with and furthers Policy 1.8.2 of the City's Comprehensive Plan, Land Use Element, which provides that the City shall annex all enclaves, where feasible, in order to reduce land use conflicts and provide efficient public service. The affected property owner will be subject to City of Winter Springs annual business tax receipt to the extent a business is located on the property and City of Winter Springs adopted millage rates for property taxes Not applicable. Not applicable. Only the petitioning property owner will be affected. 105 1101 E First Street Sanford, FL 32771 407-665-7506 ESTIMATE OF REAL PROPERTY ASSESSMENT AND AD VALOREM TAXES (2024) IDENTIFICATION Date:04/23/2024 Owner/Address:SABIRRA & ISSOR HOLDINGS LLC 1243 PRESERVE POINT DR WINTER PARK, FL 32789-3420Parcel #:28-20-30-5AS-0B00-0150 Property Address:1045 N US HWY 17-92 , LONGWOOD FL Tax District:01: COUNTY-TX DIST 1 LEGAL DESCRIPTION LOTS 15 & 16 (LESS N 5 FT OF; LOT 16) W OF W LI LOT 21 BLK C; LEVY GRANT BLK B; OAK GROVE PARK; PB 7 PG 83 NOTES This is an estimate based on information provided by requestor and other data available in this office. This estimate DOES NOT reflect non-ad valorem or special assessments and taxes. For information regarding County non-ad valorem or special assessments and taxes contact the Office of Management and Budget at (407) 665-7176. VALUE AND TAXES (ESTIMATE)*** Just Value:$1,110,792 Save Our Homes/Portability Adjustment:$0 Amendment 1 Limitation (10%):($100,414) Parent/Grandparent Additional Adjustment:$0 Taxing Authority Assessed Exempt Taxable * Millage Taxes 0100 - COUNTY GENERAL FUND $1,010,378 $0 $1,010,378 4.8751 $4,925.69 0200 - ROAD DISTRICT $1,010,378 $0 $1,010,378 0.1107 $111.85 0300 - FIRE $1,010,378 $0 $1,010,378 2.7649 $2,793.59 0400 - SCHL SCHOOL $1,110,792 $0 $1,110,792 5.3780 $5,973.84 1200 - SJWM $1,010,378 $0 $1,010,378 0.1793 $181.16 *** ESTIMATED TAXES: $13,986.13 *** *** This estimate represents the most current working information and is subject to change. DISCLOSURES * Millages are based on 2023 certified amounts. Estimate includes an Amendment 1 adjustment of 100,414. 106 Ordinance 2024-06: 1045 N US HWY 17-92-Voluntary Annexation of Real Property Talbert Jackson, MSURP Senior City Planner June 24, 2024 City Commission 107 Overview & Aerial Property:1045 N US HWY 17-92 Acreage:2.57 Current Jurisdiction: Seminole County Proposed Jurisdiction: City of Winter Springs Request:Voluntary Annexation Applicant:Robert Ziegenfuss, PE 108 Enclave Incorporating the subject property into the City of Winter Springs would eliminate the existing enclave. Anticipated: 1. Connection to City services 2. Estimate of real property assessment (SCPA: ~$1,110,792) 3. Adherence to Comprehensive Plan 109 Proposed Future Land Use - Industrial 110 Proposed Zoning – Light Industrial 111 ANY QUESTIONS? 112 REGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE CSA Engineering Services Stormwater Improvement Program SUMMARY On February 26th, 2024 the City Commission approved staff to move forward and negotiate with the selected consultant, Kimley Horn and Associates, Inc. for the CSA Engineering Services Stormwater Improvement Program. It was agreed by both parties that this task-driven contract, with a not to exceed amount of $1.5 million, initially consist of five (5) phases and be completed within two (2) years. There are also two, one-year renewable contract extensions for later phases of this contract, if required. FUNDING SOURCE The contract will be funded through Third Generation Sales tax revenue. RECOMMENDATION Staff request Commission approval for award of the CSA Engineering Services Stormwater Improvement Program to Kimley Horn and Associates, Inc. 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 REGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE Designation of Voting Delegate to 2024 Florida League of Cities Annual Conference SUMMARY The 98th Florida League of Cities Annual Conference is scheduled to be held August 15-17, 2024 . A formal request from the Florida League of Cities has been received requesting that each member municipality designate a City representative as their "Voting Delegate" for the 98th Florida League of Cities Annual Conference. FUNDING SOURCE N/A RECOMMENDATION Staff recommends the City Commission approve a Voting Delegate for the August 2024 Florida League of Cities Annual Conference and authorize the Interim City Manager to execute appropriate documents. 137 To: Key Official From: Eryn Russell, Florida League of Cities Date: June 10, 2024 Subject: 2024 Annual Conference Voting Delegate Information The Florida League of Cities Annual Conference will be held at the Diplomat Beach Resort in Hollywood, Florida, from August 15-17, 2024. This conference will provide valuable educational opportunities to help Florida’s municipal officials serve their citizenry more effectively. We ask that each member municipality sending delegates to the Annual Conference designate one of their officials to cast their votes at the Annual Business Session, which will be held on Saturday, August 17. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will vote on matters affecting the League. In accordance with the League’s by-laws, each municipality’s vote is determined by population, and the League will use the Estimates of Population from the University of Florida. Conference registration materials were sent to each municipality via the League's e- newsletter and are available online at flcities.com. If you have any questions about voting delegates, please email erussell@flcities.com. Voting delegate forms must be received by the League no later than July 31, 2024. Attachments: Form Designating Voting Delegate 138 2 of 2 2024 Annual Conference Florida League of Cities, Inc. August 15-17, 2024 Hollywood, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities designate one of their officials to cast their votes at the Annual Business Session. League By-Laws require each municipality to select one person to serve as the municipality's voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Voting delegate forms must be received by the League no later than July 31, 2024. Designation of Voting Delegate Name of Voting Delegate: __________________________________________________ Title: ___________________________________________________________________ Delegate Email: __________________________________________________________ Municipality of: __________________________________________________________ AUTHORIZED BY: ______________________________________________ Name _______________________________________________ Title Return this form to: Eryn Russell Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Email: erussell@flcities.com 139 REGULAR AGENDA ITEM 502 CITY COMMISSION AGENDA | JUNE 24, 2024 REGULAR MEETING TITLE New Business SUMMARY Pursuant to Sec 2-27 (c)(2) of the City Code, "Unless otherwise determined by the city commission, each regular agenda shall have a new business section, in the order on the agenda approved by the city commission, which allows the mayor, any city commissioner, city manager or city attorney an opportunity to raise, if necessary, new issues not on the agenda that require discussion and potential future direction by the city commission. The new business section shall not be used to present items requiring prior public notice or hearing, for reports allowed under subsection (m), or be used as a substitute for timely placing items on the agenda prior to the agenda packet being distributed or as an add-on item as required by subsection (b). The city commission will not take final action on any new business item that is considered a major initiative and/or initiative that would ordinarily require significant city staff research. Persons introducing new business items are encouraged to provide background information regarding the item prior to or at the meeting in the same manner as permitted for reports under subsection (m)(4)." FUNDING SOURCE RECOMMENDATION Staff recommends the Mayor and Commission bring forward any new business they wish to have placed on a future agenda. 140