BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

July 24, 2018

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, July 24, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman John Horan (District 2)

Vice Chairman Lee Constantine (District 3)

Commissioner Robert Dallari (District 1)

     Commissioner Brenda Carey (District 5)

Clerk of Court & Comptroller Grant Maloy

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Kyla Farrell

 

     Absent:

     Commissioner Carlton Henley (District 4)

 

 

     Pastor Preston Free, First Christian Church, Winter Park, gave the Invocation.  Ed Burford, Veteran Services Officer, and Hospital Corpsman 3rd Class Ronald “Doc” Bobele led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Selectwo Machine Company, Inc. was presented. 

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2018-0829

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Hospital Corpsman 3rd Class Ronald “Doc” Bobele as the July 2018 Veteran of the Month.

     Districts 1, 2, 3 and 5 voted AYE.  

     Hospital Corpsman 3rd Class Ronald “Doc” Bobele addressed the Board to express his appreciation.  Sharon Graham, Guardian Ad Litem, Eighteenth Judicial Circuit Director, addressed the Board and discussed how Hospital Corpsman 3rd Class Ronald “Doc” Bobele helps with the Guardian Ad Litem program and thanked him for all of his work.

     Commissioner Constantine reported on the event held for Captain Richard “Robbie” Roberts, United States Navy, June 2018 Veteran of the Month, and noted it was a great event.

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     Commissioner Dallari stated one of the County’s paramedics was represented as Paramedic of the Year, State of Florida.  Chairman Horan announced there will be a presentation this afternoon.  Commissioner Dallari noted she is not the first Paramedic of the Year that the County has had, and he is sure she won’t be the last.

PUBLIC PARTICIPATION

Regarding Agenda Items #13, #20 and #35A

     Katrina Shadix, 1421 Brigham Loop, addressed the Board and stated the first item she would like to discuss is Item #13 (Whitetail Run Final Plat).  Nicole Guillet, County Manger, announced Item #13 has been pulled from the agenda for today’s meeting. 

     Ms. Shadix stated the next item she would like to discuss is Item #20 (FY 2018-2019 FWC Bear Wise Application).  She encouraged the Board to apply for as much money as they can, knowing that Seminole County is ground zero for bear-human interactions.  She reminded the Board that there is a lot of interaction on the west side of I-4, but Chuluota has reported several bears in trash cans.  She doesn’t think the ordinance is enforced on that side of I-4, but they do need funding or access to affordable bear-proof trash cans.  She offered help from her organization (Bear Warriors United) to provide retrofitting straps for trash cans.

     Ms. Shadix stated the last item she would like to discuss is the item regarding Jetta Point.  Ms. Guillet advised there is nothing on the agenda with respect to Jetta Point, but there is an item related to Rolling Hills, which is Item #35A.  She explained it is a Consent Agenda item and is an extension of the Purchase Contract for Rolling Hills.  Chairman Horan stated Ms. Shadix can go ahead and comment on it because it would be related to it.  Ms. Shadix expressed while everyone supports cleaning up Rolling Hills, she doesn’t agree with the selling of Jetta Point to do it.  There is eagle habitat in Jetta Point.  She stated the FCT (Florida Communities Trust) granted Seminole County the money to buy Jetta Point years ago.  And in order to exchange that or to sell it, there are certain criteria that must be met with the FCT.  Ms. Shadix stated Seminole County applied for and received a waiver for those criteria, and that is very concerning to her.  She opined the residents in the area didn’t receive proper notice and discussed a conference call she was on with the FCT and the County Manager and her suggestions during that conference call.  Ms. Shadix opined the land needs to be bought with the land and water acquisitions funds and not sold to a developer to be destroyed.

     Chairman Horan stated Ms. Shadix can discuss the item with the County Manager after the meeting.  He explained the Jetta Point situation is not a sale, it is a swap; so the restrictions that are on the Jetta Point property will be placed on the Rolling Hills property.  Whatever happens with regard to the Jetta Point property, the eagle nest has to be protected.  Ms. Guillet stated it is important to note that Jetta Point is not a park; it is a vacant piece of property that has commercial zoning on it, and it was intended to be developed as a sports complex.  She expressed she would be happy to sit down with Ms. Shadix and share with her the whole history of the issue.

     Speaker Request Form was not received and filed.

COUNTY MANAGER’S CONSENT AGENDA

     Ms. Guillet advised there are two additions to the Consent Agenda including Item #2A, which is a Memorandum of Terms to receive Medical Examiner services from Medical Examiner District 5, and Item #35A, which is the extension to the Rolling Hills Purchase Contract.  She believes the County Attorney distributed the most recent version of that to the Board.  Ms. Guillet stated there is also a deletion, Item #13, which is a plat for the Whitetail Run single-family residential subdivision; and that will be brought to the Board at a later date.

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

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve the following:

     County Manager’s Office

     Business Office

 2.  Approve travel and mileage reimbursement to Commissioner Lee Constantine for miscellaneous travel from April 1, 2018, through July 15, 2018.  (2018-0839)

 2A. Approve the Memorandum of Terms for Interlocal Agreement between Citrus County, Hernando County, Lake County, Marion County, Seminole County, and Sumter County for Medical Examiner services and related matters.  (2018-0855)

 

Addressing

 3.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-88 renaming North Woods Drive to Northwood Drive.  (2018-0772)

 4.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-89 adding a directional North and South to Orange Avenue.  (2018-0838)

 5.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-90 renaming North Line Drive to North and South Line Drive.  (2018-0774)

 6.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-91 renaming North Kennel Road to Harvest Time Drive.  (2018-0777)

 7.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-92 renaming 5th Street to Marisa Cove.  (2018-0837)

 8.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-93 providing for an honorary memorial marker designating Dr. R.C. Sproul Way on State Road 46, between Orange Boulevard and International Parkway.  (2018-0810)

 9.  Approve and authorize the Chairman to execute an Emergency Management Addressing Interlocal Agreement between Seminole County and the City of Lake Mary.  (2018-0808)

 

Community Services

Community Development

10.  Approve the FY 2018-2019 One-Year Action Plan; authorize the Chairman to execute corresponding documents, signature pages, the Standard Forms SF-424 and SF-424D, all certification pages, Subrecipient Grant Agreements, and subsequent Grant Agreements with the U.S. Department of Housing and Urban Development (HUD); and authorize Community Services Department staff to submit the One-Year Action Plan to HUD for approval.  (2018-0832)

11.  Approve and accept the Neighborhood Stabilization Program (NSP) Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51, for the month of June 2018.  (2018-0833)

 

Development Services

Planning and Development

12.  Approve the plat for the Chuluota Crossings single-family residential subdivision containing six (6) lots on two (2) acres zoned R-1 (Single Family Dwelling), located on the west side of C.R. 419, ½ mile south of Snow Hill Road; Wilbert B. Berrios, Applicant.  (2018-0809)

13.  Pulled from the Agenda request to approve the plat for the Whitetail Run single-family residential subdivision containing thirty-one (31) lots on 21.61 acres zoned PD (Planned Development), located on the east side of Old Lockwood Road, approximately 300 feet north of Brickell Place; Nicholas Gluckman, Applicant.  (2018-0811)

14.  Approve the plat for the Parkdale Place subdivision containing ninety-six (96) lots on 48.07 acres zoned PD (Planned Development), located on the south side of E. Red Bug Road, east of W. S.R. 426; Vishaal Gupta, Applicant.  (2018-0817)

15.  Approve the plat for the Allure on the Parkway subdivision containing three (3) lots on 12.2 acres zoned PD (Planned Development), located on the west side of International Parkway, approximately ½ mile north of C.R. 46A; James D. Bray, Applicant.  (2018-0826)

16.  Authorize release of Maintenance Bond (Streets, Curbs, & Storm Drains) #0178078 in the amount of $3,163.39, and Maintenance Bond (Private Road) #0178077 in the amount of $97,469, for the Estates at Pearl Lake Subdivision; Taylor Morrison of Florida, Inc., Applicant.  Maintenance Bond (Streets, Curbs, & Storm Drains) #0178078 in the amount of $3,163.39, and Maintenance Bond (Private Road) #0178077 in the amount of $97,469 for the subdivision known as Estates at Pearl Lake, Taylor Morrison of Florida, were released on April 26, 2016.  (2018-0820)

17.  Authorize release of Maintenance Bond (Streets, Curbs, & Storm Drains) #SU1117703 in the amount of $92,312.10, for the Coventry Subdivision; Taylor Morrison of Florida, Inc., Applicant.  Maintenance Bond (Streets, Curbs, & Storm Drains) #SU1117703 in the amount of $92,312.10 for the subdivision known as Coventry, Taylor Morrison of Florida, was released on April 26, 2016.  (2018-0821)

18.  Authorize release of Maintenance Bond (Streets, Curb, Storm Drains) #SU1130616 in the amount of $12,053.10 for the Cedar Creek at Town Center Right-of-Way; Taylor Morrison, Applicant.  (2018-0831)

 

Environmental Services

Utilities Engineering

19.  Approve and authorize the Chairman to execute the acceptance of a Utility Easement donated by the District Board of Trustees of Seminole State College (SSC) to Seminole County for the construction and maintenance of water and wastewater utilities within the College’s Oviedo Campus on Old Lockwood Road.  (2018-0835)

Solid Waste Management

20.  Approve submittal of an application to the Florida Fish and Wildlife Conservation (FWC) Commission, through the FY 2018-2019 Bear-Wise Cost Share Funding opportunity requesting up to $300,000; and authorize the County Manager to execute any documents associated with the grant application.  (2018-0834)

 

Public Works

Engineering

21.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-94 accepting a Traffic Signal Pole Easement located at U.S. Highway 17-92 and 15th Street between RAMCO USA Development Corporation and Seminole County.  (2018-0819)

 

Facilities

22.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-95 authorizing the East Altamonte Community Center Non-Residential Lease and the East Altamonte Community Center Non-Residential Lease Agreement for Boys & Girls Club.  (2018-0804)

 

Resource Management

Budget

23.  Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) (Hurricane Matthew) in the amount of $112,500 for the Mullet Lake Park Drainage Project.  (2018-0803)

24.  Approve and authorize the Chairman to execute a Landowner Agreement with the U.S. Fish and Wildlife Service (USFWS) and accept grant funding in the amount of $40,000 to restore habitat for the benefit of Federal trust species on private land.  (2018-0816)

25.  Approve the creation of four (4) new limited-term 911 Dispatcher positions for a period of up to 18 months, as part of the CAD project; and authorize the Chairman to execute appropriate Resolution #2018-R-96 implementing Budget Amendment Request (BAR) #18-060 through the BCC Projects Fund to appropriate budget in the amount of $269,162 from General Fund Reserves.  (2018-0779)

26.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-97 implementing Budget Amendment Request (BAR) #18-067 through the Federal Mitigation Grant Fund, 2014 Infrastructure Sales Tax Fund, and Transportation Trust Fund to establish Natural Resources Conservation Service (NRCS) grant projects in the amount of $2,743,620, by recognizing $2,114,350 in U.S. Department of Agriculture grant revenue and appropriating $629,270 from Reserves.  (2018-0823)

27.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-98 implementing Budget Amendment Request (BAR) #18-068 through the 2014 Infrastructure Sales Tax Fund in the amount of $351,282 to provide additional funding for the East Seminole Unpaved Trails Project (CIP#01785318)  and unfund the Trails Within Power Corridors Project (CIP#01785317).  (2018-0842)

28.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-99 implementing Budget Amendment Request (BAR) #18-069 through the 40108 Water and Sewer Capital Improvements fund increasing the Reserve for Capital Improvements by $80,000 and reprioritizing current year CIP projects for the primary purpose of providing funding originally planned in FY 2019 to the FDOT for the Wekiva Parkway Utility Relocate project in FY 2018. (2018-0840)

29.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-100 implementing Budget Amendment Request (BAR) #18-070 through the Water and Sewer Fund to appropriate budget of $53,638 from Reserves for the Water and Sewer Facilities Planned Work Program.  (2018-0830)

30.  Approve and authorize the Chairman to execute the Certificate of Equipment for Casting and Counting Ballots contained within the Memorandum of Agreement between the Florida Department of State and the Seminole County Supervisor of Elections; and execute appropriate Resolution #2018-R-101 implementing Budget Amendment Request (BAR) #18-071 in the amount of $316,163 through the General Fund to appropriate grant funding for election activities.  (2018-0850)

MSBU

31.  Approve and authorize the Chairman to execute two (2) Satisfaction of Liens for the parcels for which the final installment payment of the Lake Myrtle Restoration MSBU was received upon payment of the 2017 property tax bill.  (2018-0847)

32.  Approve and authorize the Chairman to execute a Satisfaction of Lien for parcel #20-21-30-505-0A00-0070 for which the English Estates Lake Restoration and Aquatic Vegetation and Lake Management MSBU capital assessment is paid in full.  (2018-0848)

33.  Approve and authorize the Chairman to execute eleven (11) Satisfaction of Liens for the parcels for which the final installment payment of the Charter Oaks/Tamarak Wall Reconstruction MSBU was received upon payment of the 2017 property tax bill.  (2018-0849)

Purchasing & Contracts

34.  Approve the ranking list, authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute three (3) Master Services Agreements (MSAs) for PS-1832-18/AEJ for construction engineering and inspection services for construction projects less than $2,000,000.  Estimated Term Usage of $2,000,000.  (2018-0799)

 

Districts 1, 2, 3 and 5 voted AYE.

County Attorney’s Office

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

35.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-102 approving the issuance by the Palm Beach County Health Facilities Authority of that Authority’s revenue bonds, in one or more series, for the purpose of providing funds to make a loan or loans to Lifespace Communities, Inc. (Village on the Green project) to, among other things, finance and refinance certain facilities located in Seminole County.  (2018-0806)

35A. Approve and authorize the Chairman to execute the Seventh Amendment to the Rolling Hills Contract for Sale and Purchase of Land.  (2018-0854)

 

Districts 1, 2, 3 and 5 voted AYE.

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

Clerk & Comptroller’s Office

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

36.  Approve Expenditure Approval Lists dated June 11, 18, 25 and July 2, 2018; Payroll Approval Lists dated June 14 and 28, 2018; the 2018 BCC Records Destruction List; and the BCC Official Minutes dated June 12 and 26, 2018.  (2018-0836)

 

     Districts 1, 2, 3 and 5 voted AYE.

 

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     The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:

1.  Florida Public Service Commission Order #PSC-2018-0246-PAA-WS acknowledging treatment of tax and approving cancellation of CIAC gross-up tariffs; Utilities, Inc. of Florida; Docket #20180025-WS, Issued May 11, 2018.

 

2.  Florida Public Service Commission Consummating Order #PSC-2018-0309-CO-WS; Utilities, Inc. of Florida; Docket #20180025-WS, Issued June 11, 2018.

 

3.  Florida Public Service Commission Order #PSC-2018-0270-TRF-EI approving revisions to specified rate schedules; Duke Energy Florida, LLC; Docket #20180089-EI, Issued May 30, 2018.

 

4.  Florida Public Service Commission Order #PSC-2018-0247-PAA-EI approving decrease in AFUDC Rate; Florida Power & Light Company, Docket #20180038-EI, Issued May 11, 2018.

 

5.  Florida Public Service Commission Order #PSC-2018-0316-PAA-EQ approving Standard Offer Contract and Schedule QS-2; Florida Power & Light Company, Docket #20180083-EQ, Issued June 20, 2018.

 

6.  Florida Public Service Commission Order #PSC-2018-0313-PCO-EI approving mid-course corrections; Florida Power & Light Company, Docket #20180001-EI, Issued June 18, 2018.

 

7.  HOME Program Agreement with Habitat for Humanity of Seminole County and Greater Apopka, Florida, Inc. under the 2017-18 One-Year Action Plan; as approved by the BCC on 7/25/17.

 

8.  CDBG Subrecipient Agreement with Kathleen Anderson Comprehensive Work Center, Inc. d/b/a Inspire of Central Florida under the 2017-18 One-Year Action Plan; as approved by the BCC on 7/25/17.

 

9.  CDBG Subrecipient Agreement with Central Florida Family Health Center, Inc. d/b/a True Health under the 2017-18 One-Year Action Plan; as approved by the BCC on 7/25/17.

 

10.  Performance Bond #SNN4009325, Recording of Plats & Title Opinion (Roads and Sewer Systems) for Enclave at Hawks Crest in the amount of $1,399,567.52; Meritage Homes of Florida, Inc.

 

11.  Performance Bonds #SNN4009327 and #SU1149243, Recording of Plats & Title Opinion (Roads and Sewer Systems) for Preserve at Hawks Crest in the amount of $3,768,263.50 and $1,386,171.35 respectively; Meritage Homes of Florida, Inc. and Taylor Morrison of Florida.

 

12.  Maintenance Bond #SU1146020-1 (Water and Sewer Facilities) for Somerset at Sanford Farms in the amount of $52,812.96; D.R. Horton, Inc.

 

13.  Maintenance Bond #SU1149234 (Private Road) for Somerset at Sanford Farms in the amount of $73,780.06; D.R. Horton, Inc.

 

14.  Maintenance Bond #SU1146021-1 (Streets, Curbs, Storm Drains) for Somerset at Sanford Farms in the amount of $33,301.95; D.R. Horton, Inc.

 

15.  Maintenance Bond #B1237948 (Streets, Curbs, Storm Drains) for Vera Sanford Apartments in the amount of $34,960.50; Morrow Construction Company, Inc.

 

16.  Recording of Plats and Title Opinion for Goodson’s Grove; Larry Braddy, Trustee.

 

17.  Recording of Plats and Title Opinion for Serenity Cove; Park Square Enterprises, LLC.

 

18.  Utility Easement, Acceptance of off-site water system for the project known as Race Trac Winter Springs; RaceTrac Petroleum, Inc.

 

19.  Conditional Utility Agreement for water and wastewater services for the project known as East Lake Estates; A.J. Mehta Corp.

 

20.  Bill of Sale accepting potable and reclaimed water system for the project known as Somerset at Sanford Farms.

 

21.  Approval Development Orders #18-30000033, 444 Oakhurst Street, Michelle Salinas; #18-30000037, 420 Dynasty Cove, Dorthy Fightmaster; #18-30000034, Lots 209 and 210 on Moton Avenue, Arthur L. & Priscilla Jackson Trust; #18-30000036, Lots 211, 237 and 238 on Moton Avenue, Arthur L. & Priscilla Jackson Trust; #18-30000035, Lots 239 and 240 on Moton Avenue, Arthur L. & Priscilla Jackson Trust; #18-27500019, 1156 W. SR 436, Arepas Café & More, Maria Colon; #18-27500012, 120 International Parkway, Rossellini’s Restaurant, Pierpaolo Mautone; and #18-27500024, South U.S. Hwy 17-92, Maitland Sunoco, Muhammad Tair.

 

22.  Denial Development Orders #18-30000040, 230 W. 8th Street, Curtis T. Matte; and #18-32000004, 9250 Bear Lake Road, Richid El Masri.

 

23.  Tourist Tax Funding Agreement with Perfect Game USA, Inc. for Super25 National Championship 10U-12U.

 

24.  Tourist Tax Funding Agreement with USA Softball of Florida, Inc. for East Coast National Qualifier.

 

25.  Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC for 2018 Summer State Championship.

 

26.  Tourist Tax Funding Agreement with Athletx, LLC for Youth Baseball Nationals.

 

27.  Tourist Tax Funding Agreement with Longwood Babe Ruth Baseball League for 2018 13-15U Southeast Regional Championship.

 

28.  Tourist Tax Funding Agreement with Perfect Game USA, Inc. for Super25 National Championship 13U/15U.

 

29.  Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc. for 2018 July 50s/60s Senior Softball Tournament.

 

30.  Parks Contract for Services with Gregory James.

 

31.  Associate Tennis Pro Agreement with Shannon Brewer.

 

32.  Tennis Developmental Instructor Agreement with Leonardo Vega and Adam Joseph Fontana.

 

33.  Work Order #34 to PS-0009-15 with Atkins North America, Inc.

 

34.  Amendment #1 Work Order #21 to RFP-0336-15 with Site Secure LLC, A Miller Electric Company.

 

35.  Amendment #1 to Work Order #5 to RFP-0532-15 with Connect Consulting, Inc.

 

36.  Amendment #1 to Work Order #7 to RFP-0532-15 with Connect Consulting, Inc.

 

37.  Work Order #10 to RFP-0532-15 with Connect Consulting, Inc.

 

38.  Closeout to CC-1204-17 with Tyrell Enterprises, LLC.

 

39.  Work Order #4 to RFP-1294-17 with BSE Construction Group, LLC.

40.  Change Order #1 to CC-1307-17 with P&S Paving, Inc.

 

41.  Change Order #3 to CC-1313-17 with SanPik, Inc.

 

42.  Closeout to CC-1424-17 with Linton Enterprises, Inc.

 

43.  Change Order #1 to CC-1430-17 with MCG Services, LLC.

 

44.  Change Order #3 to CC-1439-17 with West Construction, Inc.

 

45.  Closeout to CC-1442-17 with Blackstreet Enterprises, LLC.

 

46.  Change Order #1 to CC-1420-17 with Carr & Collier, Inc.

 

47.  Work Order #2 to PS-1529-17 with Albeck Gerken, Inc.

 

48.  Amendment #2 to Work Order #13 to PS-1666-07 with Inwood Consulting Engineers.

 

49.  CC-1934-18 Construction Services Agreement with Blackstreet Enterprises, LLC d/b/a BSE Construction Group.

 

50.  Amendment #11 to Work Order #1 to PS-5738-10 with URS Corporation Southern.

 

51.  Amendment #3 to Work Order #3 to PS-8005-12 with CDM Smith, Inc.

 

52.  Amendment #1 to Work Order #58 to PS-8047-12 with Ardaman & Associates, Inc.

 

53.  Amendment #2 to Work Order #19 to PS-8146-12 with CDM Smith, Inc.

 

54.  Amendment #1 to Work Order #72 to PS-8148-12 with CDM Smith, Inc.

 

55.  Work Order #88 to PS-8148-12 with CDM Smith, Inc.

 

56.  Amendment #3 to Work Order #10 to PS-8186-13 with Reiss Engineering, Inc.

 

57.  Amendment #1 to Work Order #27 to PS-8186-13 with Reiss Engineering, Inc.

 

58.  Work Order #55 to PS-8186-13 with Reiss Engineering, Inc.

 

59.  Amendment #1 to Work Order #13 to CC-9184-13 with Affordable Development.

 

60.  Change Order #1 to Work Order #13 to CC-9184-13 with Affordable Development.

 

61.  Work Order #14 to CC-9184-13 with Central Florida Environmental.

 

62.  Closeout to Work Order #31 to CC-9192-13 with Corinthian Builders, Inc.

 

63.  Closeout to Work Order #35 to CC-9192-13 with M&J Enterprises International, Inc.

 

64.  Amendment #5 to Work Order #1 to PS-9351-14 with CPH, Inc.

 

65.  Work Order #5 to PS-9464-14 with GAI Consultants, Inc.

 

66.  Amendment #2 to Work Order #10 to RFP-9601-14 with Revere Control Systems, Inc.

 

67.  Amendment #1 to Work Order #22 to PS-9738-14 with Environmental Consulting & Technology, Inc.

 

68.  Amendment #1 to Work Order #25 to PS-9738-14 with Environmental Consulting & Technology, Inc.

 

69.  Amendment #1 to Work Order #27 to PS-9738-14 with Environmental Consulting & Technology, Inc.

 

70.  Amendment #9 to IFB-601852-13 with Clarke Mosquito Control Products, Inc.

 

71.  Amendment #1 to M-602886-17 with Dr. S. Nanea Morris.

 

72.  IFB-603118-18 Term Contract with Borem Fire Protection, Inc.

 

73.  IFB-603130-18 Term Contract with Airgas USA, LLC.

 

74.  RFP-603154-18 Term Contract with Charles Aquatics, Inc.

 

75.  Bids as follows:

 

    RFQ-603171-18 from LSR Custom Cabinets, Inc.; Hiatt Construction, LLC;

 

    RFQ-603177-18 from Terrance Fullerton;

 

    BID-603195-18 from Caraway Concrete Construction, Inc.; Greyfox Construction Corp.; Huffman, Inc. d/b/a NuWave Concrete; Atlantic Civil Constructors Corp.; LMCC Specialty Contractors d/b/a Mims Construction Company;

 

    RFP-603154-18 from Charles Aquatics, Inc.;

 

    IFB-603153-18 from ACET Recycling, LLC;

 

    CC-1525-17 from Florida Safety Contractors, Inc.; Halifax Paving, Inc.; Gibbs & Register, Inc.; Atlantic Civil Constructors Corp.; P&S Paving, Inc.;

 

    IFB-603175-18 from EarthBalance;

 

    RFQ-603208-18 from Medline Industries, Inc.; Henry Schein, Inc.; Florida Discount Drugs d/b/a Taylors Pharmacy;

 

    IFB-603176-18 from Fausnight Stripe and Line, Inc.; and

 

    CC-1875-18 from TECC, Inc.; CTR III Enterprise, Inc. d/b/a Control Engineering Group.

 

REGULAR AGENDA

Agenda Item #37 – 2018-0600 – Continued from May 8, 2018

     Patt Hughes, Planning and Development, addressed the Board to present a request to consider an appeal of the Deputy County Manager’s denial of the requested reduction of the Special Magistrate lien of $171,250 to $1,000 for Case #14-57-CESM on the property located at 131 Warblar Lane, Casselberry, Tax Parcel #15-21-30-503-0B00-0270; Equity Trust Company Custodian FBO James M. Stansberry IRA and Yanick R. Benschop, current owners/Appellants; Sandra Laborde, previous owner.

     Ms. Hughes explained this item was originally heard by the Board on March 27, 2018, and was continued on April 24 and May 8, 2018, until a time Mr. Stansberry could be present.  The owners are requesting a reduction of the Code Enforcement’s Special Magistrate lien totaling $171,250 to $1,000 for Case #14-57-CESM.  Ms. Hughes discussed the history of the property as outlined in the agenda memorandum.  She stated the current owners are claiming a financial hardship; however, they have not provided demonstrable evidence proving a financial hardship.  Staff recommends the Board uphold the Deputy County Manager’s denial of the requested reduction to the Special Magistrate lien of $171,250 to $1,000 for Case #14-57-CESM on the property located at 131 Warblar Lane, Casselberry.

     Mr. Stansberry, 400 18th Street, Vero Beach, addressed the Board and stated he is the property owner along with his step-son.  He discussed his history living in Seminole County and how he began to buy homes and rent them out.  He explained the rentals are not a business, and he depends on the rent from the houses to pay his bills.  His 131 Warblar Lane house is currently being rented, and the family is paying under-market rent and wants to stay in the house.

     Mr. Stansberry expressed he was aware of the lien when he bought the property; but he had a similar experience with the County on his third rental house, and the seller was able to get the lien “wiped out” at the time of closing.  He has also had friends tell him that the municipalities in Florida are mainly concerned with getting problem houses cleaned up, and that the new owners were not responsible for the total lien amount because the liens were either reduced or waived.  He reiterated that the money he gets from the rental houses is not a business; it is his savings.  Mr. Stansberry asked the Board to help and perhaps reduce the lien to the County’s costs or whatever they would deem justifiable in this case.  He has fixed the problems with the house and plans to improve the house further to enhance the neighborhood of Sterling Park in Deer Run.

     Commissioner Carey pointed out Mr. Stansberry has indicated he set up a trust to buy and sell real estate.  While it’s not a business, it has generated his income.  In his testimony that Mr. Stansberry submitted to the County, he stated that he knew there was a $90,000 lien when he purchased the property; he just didn’t think it would take 11 months and another $82,000 to get it resolved.  Commissioner Carey advised the law is pretty clear on liens.  She is happy that the house is off the market, but the community had to live with it for a long time; so she doesn’t think that it is fair to the community or the investment community to think that they can come in and get a lien waived because that’s what they thought would happen.  She confirmed with Mr. Stansberry that he knew there was a $90,000 lien when he bought the house, and Mr. Stansberry noted he was not aware of anyone who ever had to actually pay the lien.

     Commissioner Dallari asked staff when the fines stopped accruing.  Ms. Hughes answered the fines stopped accruing on November 23, 2016, when the permit was issued.  Commissioner Dallari confirmed with Ms. Hughes that up until that date, the fines kept accruing on a daily basis; and Ms. Hughes noted the fines accrued at $250 per day.  Commissioner Dallari confirmed with Ms. Hughes that it was up to the property owner to come in at the appropriate time to apply for the permit and go through the process of getting the permit approved.  Commissioner Dallari stated he thinks all of that is on the property owner.  He suggested the Board reduce the amount of the lien based on the improvements that have been done to the property to bring it into compliance.  He asked Ms. Hughes if she has any information regarding that.  Ms. Hughes answered to date, the total cost of renovations on the house is $35,748.   

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to overturn the Deputy County Manager’s denial of the Request for Reduction of the Special Magistrate lien of $171,250, for Case #14-57-CESM, and reduce the lien to $135,502 on the property located at 131 Warblar Lane, Casselberry, Tax Parcel #15-21-30-503-0B00-0270, (Equity Trust Co. Custodian FBO James M. Stansberry IRA & Yanick R. Benschop, current owners/Appellants; Sandra Laborde, previous owner); require this reduced amount to be paid within sixty (60) days, or the lien will revert to the original total amount of $171,250 for Case #14-57-CESM and authorize the Chairman to execute the Satisfaction of Lien upon payment in full.

     Under discussion, Commissioner Constantine referenced 131 Warblar Timeline on page 598 of the agenda.  He pointed out the permit application for improvements was submitted on August 2, and they didn’t get approval of that permit until November 7.  He asked staff if there was a reason it took from August to November to get the permit.  Ms. Hughes answered it is her understanding that that is right when ePlan went into effect.  She understands there were some difficulties.  The application was submitted on August 24, 2016.  They did go back to the contractor requesting additional information, and between the back and forth it was finally issued on November 23.  Commissioner Dallari opined if it truly was ePlan, there needs to be some account to that.  Commissioner Carey noted they have to have engineered plans and everything, so it would take a month or so anyway.  Ms. Hughes advised there were revisions requested over the phone, they were replacing an existing gas water heater with a new electric one; but besides that, her notes don’t indicate what many of the issues were.

     Commissioner Dallari asked if it is safe to say that there was some delay because of the e-permitting process being new; and Ms. Hughes answered from what she saw, yes, there was a slight delay.  Commissioner Carey asked how many days total passed from the time they made the application to the time they got the permit.  Ms. Hughes answered about 91 days.  Commissioner Carey stated it would typically take 30 days to go through the process, so maybe it cost them 60 days.

     Commissioner Dallari amended the motion to account for the issue with ePlan.  If they are saying it should take 30 days for the permit process, then he would like to reduce the time of the permitting process from 91 days to 30 days at $250 per day.  Commissioner Carey asked if he is amending the motion to include a credit for 60 days and the credit for $35,748 to come off of the total lien amount of $171,250.  Commissioner Dallari answered that is correct.  Commissioner Carey, as seconder, agreed to the amendment.  Chairman Horan stated the 60-day credit would be $15,000.  Commissioner Carey stated the total fine would be $120,500.

     Chairman Horan stated on the Warranty Deed it says it was prepared by a title company and asked if Mr. Stansberry closed at a title company, and Mr. Stansberry answered yes.  Chairman Horan asked if he closed without an attorney, and Mr. Stansberry answered yes.  Chairman Horan asked if the seller had an attorney, and Mr. Stansberry answered no.  Chairman Horan confirmed with Mr. Stansberry that the title company handled the entire transaction.  Chairman Horan asked Mr. Stansberry when he started renting this house and how much he is renting it for.  Mr. Stansberry answered he started renting it in June of 2017, and it is rented for $1,400 a month.  Chairman Horan asked if there is any other profit from the house, and Mr. Stansberry replied no and added there are just expenses. 

     Discussion ensued regarding the amount of money Mr. Stansberry has collected in rent.  Chairman Horan stated his concern is that even if they reduce the lien to $120,500, the lien will not get paid.  Commissioner Dallari expressed he is trying to look at it to be fair across the board.  Chairman Horan reiterated the lien will not get paid if it is $120,500, and Commissioner Carey responded then it will sit there until the house gets sold.  She reminded that there is a motion and a second that has been amended already.

     Districts 1, 3 and 5 voted AYE.

     Chairman Horan voted NAY.

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Agenda Item #38 – 2018-0828

Tim Jecks, Resource Management Budget Manager, addressed the Board to present a request to establish the 2018/19 proposed millage rates for TRIM notification and to set the date, time, and place for the first Public Hearing to adopt the Fiscal Year 2018/19 County Budget.  He stated the County Manager’s proposed budget was distributed to the Board on July 16 and maintains the current operating millages for all BCC taxing districts.  He reviewed the item as outlined in the agenda memorandum.  The proposed “aggregate” millage rate for all BCC taxing districts is 6.9150 mills, which represents a 6.67% increase over the current year “aggregate” rolled-back millage rate of 6.4829 mills.  In addition to approval of the proposed millage rates, staff requests the Board set the first Public Hearing for Wednesday, September 12, at 7:00 p.m. and the second Public Hearing on Tuesday, September 25, at 7:00 p.m. in the BCC Chambers for adoption of the fiscal year 2019 millage rates and budget.

Chairman Horan asked if it is correct that on the TRIM notice, in accordance with law, they can reduce the millage but they can’t go above it; and Mr. Jecks answered that is correct.

Bill Hyde, 2379 Audley Street, addressed the Board and stated they have a problem of spending, not of revenue, because his taxes are going to go up even if the Board says they are holding the millage.  All of the line items are an increase of 6% or 7%.  He did some research to find out how they are going to pay for that, and he found out the real average hourly earnings for all employees on private non-farm payrolls were unchanged from 2017 through 2018.  In other words, the working people are not getting any more money, but they are going to have to pay more in taxes.  He understands it is a cap and it is the highest they can go, so he is hoping that as the Board goes forward they can dig a little harder and find a few more line items that they can work on and reduce the number.  Mr. Hyde pointed out the County is increasing staff again.  As fiscal conservatives, he opined the Board would be concerned about growing government when they should be concerned with reducing their spending.

Commissioner Constantine stated he does acknowledge the fact that the County has increased employees, but he thinks that that was specific to the fees that go with the Building Department and not to ad valorem taxes.  Ms. Guillet responded that is correct.  She stated the positions that the Board approved recently for the Building Department are funded through the 104 Fund, which is an enterprise fund funded through building permit fees.  Commissioner Constantine explained if there is ever any money that goes over there from ad valorem, it is paid back to ad valorem and therefore it never has any effect on taxes.  Ms. Guillet replied that is correct.

Commissioner Carey stated Commissioner Henley had brought up in the past that the General Fund had provided funding to the 104 Fund for a while when the economy was bad and she wants to confirm that those funds have been transferred back and that money has been repaid from the 104 Fund.  Ms. Guillet answered they have made that adjustment in the upcoming budget.  Chairman Horan asked if the 104 Fund is the same as the Dispatch Fund, and Mr. Jecks answered no. 

Ms. Guillet stated the employees that were on the Consent Agenda today are temporary employees to assist with the implementation of the CAD program and will not be in place for more than 18 months.  Chairman Horan asked if they provide out of their General Fund budget dispatch services for the Sheriff; and Ms. Guillet answered the Sheriff does his own dispatch, but the County does Fire dispatch for the entire county including the cities.  Chairman Horan asked if that comes out of the General Fund, and Ms. Guillet answered it does.  He asked if there is any other funding source for that, and Ms. Guillet answered no. 

Chairman Horan asked what the amount is that they will collect this year in ad valorem taxes.  Mr. Jecks answered $215 million for all funds.  Chairman Horan noted the entire amount that the people of the county will pay, according to the ad valorem levy, is $215 million.  He stated they have a $750 million general budget that includes all funds.  Chairman Horan expressed he thinks it is important that people understand that in order to operate the government in the county, it takes about $750 million to $780 million and about $215 million of that is paid by the people’s taxes.  He discussed other forms of revenue.

With regard to public participation, no one else in the audience spoke in support or in opposition to Item #38, and public input was closed.

Speaker Request Form for Bill Hyde was received and filed.

Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the proposed millage rates to be included on Truth in Millage (TRIM) notifications as presented; and authorize staff to schedule the first Public Hearing to adopt the tentative millage rates and budget for Fiscal Year 2018/19 on September 12, 2018, at 7:00 p.m., and the second Public Hearing to adopt the final millage levy and budget for Fiscal Year 2018/19 on September 25, 2018, at 7:00 p.m.

Districts 1, 2, 3 and 5 voted AYE.

COUNTY MANAGER AND STAFF BRIEFINGS

     Ms. Guillet advised in June, staff issued an RFP (Request for Proposals) for the outsourcing of library management services.  The County received two proposals at the beginning of July.  The evaluation committee has met and considered both of those proposals.  Based on the data that was provided, they’ve determined that neither one of them provide a compelling case to continue the pursuit of outsourcing library services.  It does appear that there might be some savings, but the savings didn’t outweigh some of the other service concerns.  Ms. Guillet announced the Purchasing Division will be notifying the proposers that the County has cancelled that procurement.

     Commissioner Dallari suggested it would be appropriate for the Board to send a letter with the Chairman’s signature to the Friends of the Library letting them know what the County is doing.  Ms. Guillet informed Commissioner Dallari that Friends of the Library was one of the proposers so they will get notice.

     Commissioner Carey discussed how library services have changed over the years.  She encouraged the County to take some of the information that was gleaned from the proposals and go back and look at the practices and services that they are providing at libraries and make sure they are providing services adequately that are needed by the public.

COUNTY INVESTMENT ADVISOR REPORT

     Scott McIntyre, Managing Director and Senior Portfolio Manager for First Southwest Asset Management, addressed the Board to present his report for July 24, 2018 (received and filed).  Mr. McIntyre briefly discussed the recommendations from the June report.  He reviewed Key Economic Factors and noted what he is recommending isn’t necessarily going to push their yields higher; what he is going to recommend is that securities be purchased that are going to make things generally safer.  Mr. McIntyre explained what he is trying to look at is points on the curve that offer the most value at any given point in time.

     Chairman Horan stated the County has an investment policy that talks about safety, liquidity and yield.  So far, they have been very heavy on safety and liquidity; but now they are moving into a situation where Mr. McIntyre is talking about the possibility of an inversed yield curve.  Chairman Horan asked how much diversification they need and in what particular instruments should they go.  Mr. McIntyre answered it is always a risk/reward tradeoff and talked about a situation where they could buy commercial paper and earn an additional 30 to 40 basis points and go into Toyota Motor Credit or J.P. Morgan.  Chairman Horan stated if they wanted to go into a barbell effect with the laddering strategy, instead of taking that shorter duration bond, selling it and buying the longer duration bond, they could buy another shorter duration bond and barbell it so that the lower duration holdings are larger than the higher duration holdings.

     Mr. McIntyre reviewed The Institute for Supply Management (ISM) Surveys graph and noted it is soft data and a confident survey, but right now it is something he is going to watch going forward.  They are already starting to see anecdotal evidence from the Purchasing managers when they talk about prices being higher as a result of the trade war.  He then reviewed Employment and explained the blue lines are jobs created by companies (not small businesses).  The unemployment rate ticked up from 3.8% to 4% last month, and that happens whenever people feel like the economy has a job for them.  He advised any metric you look at indicates that labor market is strong.

     Mr. McIntyre discussed the Inflation graph and pointed out inflation is rising.  He noted the Fed has a 2% target that they’d like prices to increase at, and for a while it was below that.  Right now it’s above that which means that the Fed, in theory, wants to slow the economy down by raising rates to try to get it under control.  Mr. McIntyre reviewed Retail Sales and GDP (Gross Domestic Product).  Chairman Horan asked how much of the graph is related to poor insights or poor data.  Mr. McIntyre responded the first quarter has a tendency to have a large seasonal adjustment.  It’s getting harder and harder to gauge things like e-commerce and the effect on that; so he thinks that there is some adjustment going on, and they can take all the numbers with a grain of salt.  In regard to the second quarter, he mentioned even though they are looking at 4%, they don’t get the actual number until probably early next week.  Most economists believe that they’re looking still at 2% to 2.5% GDP by the time they get to the fourth quarter of this year.

     Mr. McIntyre displayed Current Interest Rates and noted you can see what the curve looks like and it is relatively flat even on the short end.  He reviewed Interest Rate Outlook.  Mr. McIntyre explained the Fed believes that their policy is going to work so you really have to take their projections with a grain of salt.  Their projections over the course of the last ten years have not been really accurate.  He pointed out that Fed Chairman Powell announced all eight meetings in 2019 are going to be live, which means there is going to be a press conference afterwards.  Prior to that, and this year in particular, only four of the eight meetings had a press conference to follow which means that the Fed is reluctant to raise rates or conduct any monetary policy if they don’t have a press conference afterwards to explain it.  However, next year it changes and all the meetings are live; and that is relatively significant.  That means if the Fed decides to skip the December meeting, they could raise rates in January. 

Recommendations

     Mr. McIntyre reviewed Recommendations which include maintaining a high allocation to Qualified Florida Bank savings/money market funds; roll maturing FEITF (Florida Education Investment Trust Fund) to March 14, 2019, at 2.45%; continue to gradually diversify; and provide better in-house tools for market transparency and trading.

     Mr. McIntyre stated he has two Bloombergs on his desk, which gives him a live picture of the market.  Whenever the Clerk’s Office was buying securities, he was able to step in and provide the Clerk’s Office a live picture of what the market was doing.  One of the things that he wants the Board to consider is that there are $450 million being managed by the Clerk’s Office, and he doesn’t feel like there are adequate tools available.  He explained the Clerk’s Office doesn’t get to see the market because there is no live picture.  There is a vehicle called TradeWeb that allows you to see the market live, and the price on it is very reasonable for Treasuries; $250 a month (add $300 for agencies, which Mr. McIntyre suggested might also make some sense).  Chairman Horan asked where the agencies are trading right now, and Mr. McIntyre answered they were trading somewhat flat to Treasuries.  He added whenever that happens, they prefer Treasuries.  As that widens out, it may make some sense for the County to go into Farm Credit Banks and Federal Home Loan Banks.  He expressed right now Freddie and Fannie worry him a little bit because he didn’t think the privatization would happen anytime soon, but right now he is wondering how quickly that might move to the front burner with the Administration.

     Chairman Horan asked in terms of providing in-house tools for market transparency and trading, how would they go about doing that.  Mr. McIntyre explained the steps would be to take the opportunity to work a demo of TradeWeb to see if they like it, if it is operational and if it makes sense.  If it did, they would rely on the Clerk’s Office to tell everyone whether or not it is something that made sense to the Clerk’s Office.  Chairman Horan asked if Mr. McIntyre would be looking at the same information and consulting with them as well.  Mr. McIntyre answered he has live screens, and they can continue to do it the way that they’ve done it; but he feels to blind the Clerk’s Office and rely on Mr. McIntyre as the “seeing eye dog” is not necessarily the best way to go since there is so much money.  Comparatively speaking, Bloomberg is about $2,800 per month, so Mr. McIntyre opined TradeWeb is a relative bargain.  Chairman Horan summarized it would be a way for the County to see all of the various investment vehicles that may be available in a moment’s notice in real time so they can have actionable information in a timely fashion, and they don’t have a tool or vehicle right now to do that.

     In regard to the pricing for TradeWeb (located at the bottom of the Recommendations slide), Commissioner Carey noted Mr. McIntyre is referring to “view only,” which is about $3,000 a year; a $3,000 investment for the Clerk to be able to view the live market.  She stated the Clerk has a lot of other jobs so she doesn’t know that he’s going to be sitting there viewing it all the time; but when he needs to look, he needs to be able to look without having to make a phone call to Mr. McIntyre.  As the County’s Investment Advisor, Commissioner Carey’s expectation is that Mr. McIntyre is monitoring it all the time as the Financial Advisor.  She thinks it would be important for the Clerk to have the ability to see it too.  She asked if they subscribe to TradeWeb (view only), are they able to have it on more than one computer.  Mr. McIntyre answered it is internet-based, so it is not software that is housed.  There would be a password that they could certainly share with staff.  Mr. McIntyre explained the Clerk is very busy and his Office is busy, so he doesn’t expect that they are going to stay on it.  But because the market moves so quickly, if they can’t see it and are just relying on a group of people, they may lose a basis point or two; and since they have so much money, making additional basis points here and there is significant.

     Commissioner Dallari asked if the County Manager and Clerk could meet with the Investment Advisor to figure out the best way to move forward.  Chairman Horan asked if everybody was in agreement and there were no objections voiced.

     Mr. McIntyre displayed Current/Proposed Portfolio and noted it is a lot of numbers, but it basically shows where they were and where they would be.  He reviewed Seminole Investment Income and noted they are nearing the end of the fiscal year.  Based on projections of where interest is, Mr. McIntyre stated they are going to wind up somewhere in the neighborhood of $8 million.  Based on his conservative projections, it looks like fiscal year 2018/19 is going to be closer to $11 million.  He stated if the Fed raises rates twice, they don’t know when they’re going to be within the fiscal year; theoretically it could be four times.  They looked at a $420 million balance, and that balance could theoretically be higher because that was the average for last year.  He reiterated they are pretty conservative projections.

     Commissioner Carey referred to “Projected Interest FY ’18-19” on the Seminole Investment Income slide and pointed out Mr. McIntyre stated $11 million, but the slide indicates it is closer to $10 million.  Mr. McIntyre apologized.  They clarified it is $10 million and not $11 million.

     Chairman Horan asked if Mr. McIntyre is looking at 2.40% as a benchmark.  Mr. McIntyre answered he is looking at 2.40% based on the securities that they have on the books, based on expectations for what will happen with the bank deposits, and based on a number of other different things.  They actually calculated it higher and pulled it back.  Chairman Horan asked if they are going to continue on the particular path consistent with the investment policy, what should they be trying to achieve in terms of a return.  Mr. McIntyre responded the benchmark is always moving, but the 2.40% is conservative.

     Mr. McIntyre displayed Benchmark Comparison and advised they are not on this benchmark.  He wanted to show them what the rates are, and he will put them on there when there’s a little bit more information.  They can go back and look at history in the past and layer it over, but he just wanted the Board to look at where typical benchmarks are.  They have a tendency to use the Florida SBA; but in all fairness, there are a lot of securities in the Florida SBA that you certainly would not buy individually.  Mr. McIntyre explained Florida Prime is something that the Board is aware of so he likes to put it on the Florida benchmarks.  The one-year CMT (Constant Maturity Treasury) is a 12-month moving average, and right now it’s about 1.75%.  He stated if you look at it closely, the six-month moving average is above that because frankly, it only goes back and averages six months instead of a year.  He feels like these are good indications of government portfolios and they are looking at roughly 1.75% in June for the one-year CMT.  So comparatively speaking, the County is at 2.14% and doing well.

     Ms. Guillet asked Mr. McIntyre if he needs the Board to act on the recommendations today, and Mr. McIntyre replied he believes he does.  Chairman Horan summarized the recommendations on page 9 of the presentation.  He reminded they discussed having the County Manager talk about the purchase of TradeWeb.  He advised those would be the recommendations.

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

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to accept the Investment Advisor's recommendations as presented.

     Under discussion, Commissioner Carey directed the County Manager to get with the Clerk about the TradeWeb view options.

     Districts 1, 2, 3 and 5 voted AYE.  

     Chairman Horan noted they had a meeting with the Clerk about a month ago where they discussed these things, and he thinks it was very beneficial and that they are on a positive step forward.

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     Chairman Horan announced the Board will convene a work session regarding major project updates at 11:25 a.m.

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     Ms. Guillet advised there are two requests for continuances on the afternoon agenda; Item #40, which is the Grandeville at Weststate Apartments Educational System Impact Fees Vesting Denial Appeal, and Item #42, which is the Alta Seminole Large Scale Future Land Use Map Amendment and Rezone.  The Board will have to decide whether or not to continue the items.

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     Chairman Horan recessed the meeting at 11:20 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Commissioner Constantine, who arrived late, Clerk of Court Grant Maloy, who was absent, and Deputy Clerk Kyla Farrell, who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

     Districts 1, 2, and 5 voted AYE.

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     Commissioner Constantine entered the meeting at this time.

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     Chairman Horan requested a moment of silence for Susie Plakon, the wife of Representative Scott Plakon, who passed away yesterday.

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     Chairman Horan announced that Seminole County Firefighter/Paramedic Jazlyn Zombo has been recognized with the State of Florida Department of Health Paramedic of the Year award.  The Chairman talked about the award and explained that the recipient of the award performs above and beyond the call of duty in response to the EMS community while on duty.  He gave a brief history of Ms. Zombo’s career and talked about Ms. Zombo’s participation in the Ironman in Augusta, Georgia.

     Ms. Zombo addressed the Board and talked about the races that she has participated in including the Half Ironman.  She expressed her appreciation in receiving this award.

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     Commissioner Dallari submitted his ex parte communications (received and filed) into the record.

PUBLIC HEARINGS

5999 LINNEAL BEACH DRIVE BOAT DOCK/Shelia Cichra

 

Agenda Item #39 – 2018-0818

     Proof of publication calling for a public hearing to consider approval of a 1,318-square-foot dock on property located on the north side of Linneal Beach Drive, approximately 1,300 feet west of Bear Lake Road, and more particularly known as 5999 Linneal Beach Drive, Shelia Cichra, received and filed.

     Mary Robinson, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum.  Ms. Robinson explained that the Applicant constructed a new 1,318-square-foot boat dock on the subject property.  A building permit was issued in March of 2018 for a dock/boathouse under 1,000 square feet.  During construction, it was discovered the walkway had to be extended in order for the dock to be in water deep enough to accommodate the boat.  Additionally, it was determined that the covered area over the boat slip was inadvertently left out of the square footage calculation on the original permit.  Ms. Robinson advised that this tripped the threshold of 1,000 square feet and requires BCC approval.  She reported that Chapter 70 of the Land Development Code addresses dredging and filling and contains seven items to be considered when issuing a boat dock.  This permit application has met the seven tests and also complies with the 15-foot height regulation, and Florida Department of Environmental Protection has issued a general use permit for the dock.  Staff is recommending approval.

     Shelia Cichra, Streamline Permitting, addressed the Board to state she represents the owner and offered to answer any questions.

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

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve a 1,318-square-foot dock on property located on the north side of Linneal Beach Drive, approximately 1,300 feet west of Bear Lake Road, and more particularly known as 5999 Linneal Beach Drive, as described in the proof of publication, Shelia Cichra, Applicant; Development Order.

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

GRANDEVILLE AT WESTSTATE APARTMENTS

EDUCATIONAL SYSTEM IMPACT FEES

VESTING DENIAL APPEAL/Matthew Gourlay

 

Agenda Item #40 – 2018-0740

     Proof of publication calling for a public hearing to consider an appeal of the denial of Educational System Impact Fee Vesting for the Grandeville at Weststate Apartments development located on the north side of West SR 426, one-quarter mile east of SR 417, Matthew Gourlay, received and filed.

     Tina Williamson, Director of Development Services, advised that the Appellant was requesting a continuance until the August 14, 2018, BCC meeting. 

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

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to August 14, 2018, at 1:30 p.m., or as soon thereafter as possible, the appeal of Educational System Impact Fee Vesting for the Grandeville at Weststate Apartments development located on the north side of West SR 426, one-quarter mile east of SR 417, as described in the proof of publication, Matthew Gourlay, Appellant.

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

LINE DRIVE OFFICE SMALL SCALE FUTURE

LAND USE MAP AMENDMENT AND PD MAJOR

AMENDMENT AND REZONE/Roger Timlin

 

Agenda Item #41 – 2018-0022

     Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Planned Development to Planned Development and a Rezone from PD (Planned Development) to PD (Planned Development) for 0.62 acres located on the east side of North Line Drive, approximately 350 feet south of Sand Lake Road, Roger Timlin, received and filed.

     Danalee Petyk, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum.  Ms. Petyk advised that the proposed development is for a 4,600-square-foot office.  The subject property was rezoned in 2014 to change entitlements from office to seven multifamily residential units, and the Applicant is now requesting to revert back to the previously approved office use.  Staff finds the proposed development to be consistent with the Land Development Code and the Comprehensive Plan.  The Planning and Zoning Commission recommended approval and staff is recommending approval.

     Roger Timlin, Applicant, addressed the Board and offered to answer any questions.

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

     Commissioner Constantine addressed Mr. Timlin and reported that they were friends and attended Lyman High School together.  The Commissioner advised this relationship would not prejudice his decision.

     Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt Ordinance #2018-21 enacting a Small Scale Future Land Use Map Amendment from Planned Development to Planned Development; adopt Ordinance #2018-22 enacting a Rezone from PD (Planned Development) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for 0.62 acres located on the east side of North Line Drive, approximately 350 feet south of Sand Lake Road, as described in the proof of publication, Roger Timlin, Applicant.

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

ALTA SEMINOLE LARGE SCALE FUTURE LAND USE MAP

AMENDMENT AND REZONE/WP South Acquisitions, LLC

Agenda Item #42 – 2018-0004

Continuation of a public hearing from June 26, 2018, to consider adoption of an Ordinance enacting a Large Scale Future Land Use Map Amendment from Medium Density Residential, High Intensity Planned Development Transitional and Planned Development to Planned Development, and adoption of the associated Ordinance enacting a Rezone from RP (Residential Professional) and PD (Planned Development) to PD (Planned Development) for a 243-unit multifamily residential apartment complex on 12.53 acres located on the northeast corner of West SR 426 and Tuskawilla Road, as described in the proof of publication, WP South Acquisitions LLC.

Matt Davidson, Planning and Development Division, addressed the Board to report that the Applicant is requesting a continuance to the August 28, 2018, BCC meeting. 

Anthony Scotti, President of Clayton Crossing Townhome Owners Association, addressed the Board and advised that he is objecting to the request for a continuance.  Mr. Scotti referred to Seminole County Administrative Code Section 3.5(b), Applicant Continuance Request, and advised that according to this section any request to continue a public hearing item must be made in writing and submitted by the applicant/appellant to the County Manager’s Office not later than 12:00 p.m. the day before the scheduled public hearing.  Mr. Scotti reported that the Applicant actually submitted the request for a continuance at 3:41 p.m. yesterday and the Board is bound by the statutes to adhere to this as prescribed.  He requested that the Board deny the continuance.

Joe Wheeler, 2664 Creekview Circle, addressed the Board and stated he is the vice president of the Property Owners Association of Bear Creek and is speaking on behalf of all of their residents.  Mr. Wheeler talked about the Applicant’s request to postpone the public hearing to have more time to formulate their presentation and pointed out that the Commission has been extremely gracious to the Applicant and had granted every postponement requested.  Most everyone who wants to express their opinion on this project has had to adjust their work and child care schedules in order to appear during the workday and last minute postponements are tantamount to putting the constituents on a yo-yo.  Mr. Wheeler requested the Board deny the Applicant’s request for a postponement.

Sharon Saidi, 4660 Misty Way, addressed the Board and stated that while she agrees with Mr. Wheeler and Mr. Scotti that the Applicant has had adequate time to put this matter forward, she thinks that because the neighbors were notified yesterday that this item would be continued, there is not enough representation here from the community itself that is involved.  Ms. Saidi believes the item should be continued.  She suggested if this comes up in the future that they not post on NextDoor Willow Grove the announcement that it has been continued with the fine print at the bottom of the announcement saying that the Board could still decide whether to continue it or not.

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

Speaker Request Forms were received and filed.

Commissioner Dallari asked the County Attorney to respond to the issue that was stated during public input.  Mr. Applegate advised that the Board has the discretion to waive that requirement.  Commissioner Dallari mentioned that in the past they have allowed applicants to ask for continuances.  He pointed out the Board has had a policy in the past where they have allowed two continuances.  He stated since they have done this in the past, he would have no problem with this continuance.  Moving forward and since they are asking for August 28, the Commissioner explained that he would have serious reservations if, on the 28th, they ask for another continuance. 

Commissioner Constantine confirmed with Mr. Davidson that there has been no change, even minor, to the request by the Applicant since it was transmitted to the State in
April.  Commissioner Constantine stated he hopes this is the last continuance that is going to be asked for.  A brief discussion ensued with regard to the posting of information on NextDoor Neighborhood.

Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to August 28, 2018, at 1:30 p.m., or as soon thereafter as possible, the request for a Large Scale Future Land Use Map Amendment from Medium Density Residential, High Intensity Planned Development Transitional and Planned Development to Planned Development, a Rezone from RP (Residential Professional) and PD (Planned Development) to PD (Planned Development) for a 243-unit multifamily residential apartment complex on 12.53 acres located on the northeast corner of West SR 426 and Tuskawilla Road, as described in the proof of publication, WP South Acquisitions LLC.

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

NON-PUBLIC HEARING

 

FERN PARK BOULEVARD AND OXFORD ROAD WIDENING

DEVELOPER’S AGREEMENT/Richard Birdoff, Jai Alai, Inc.

Agenda Item #43 – 2018-0843

Commissioner Carey stated she spoke with Mr. Birdoff yesterday and explained the reason Mr. Birdoff would not be attending the meeting today.

Mr. Applegate explained that one of the documents being distributed is the Oxford Road Developer’s Agreement summary (copy received and filed).  He mentioned that previously his office provided to the Board a chart (copy not received and filed) that breaks down the main areas of the agreement.  On one side are the County’s responsibilities and on the other side are the developer’s responsibilities.  A Timeline of Applicant/County Activities (copy received and filed) was also distributed.  Mr. Applegate thanked Mr. Chipok and Mr. Jones and stated that Mr. Birdoff has been wonderful to work with.

Paul Chipok, Senior Assistant County Attorney, addressed the Board and referred to the summary of the Oxford Road Developer’s Agreement.  Mr. Chipok explained the agreement is for road improvements for the Fern Park Boulevard Extension from U.S. 17-92 to Oxford Road, the Oxford Road Widening, and also the Fernwood Redesign.  Referring to the summary, he then reviewed the allocations of responsibilities between the County and the developer and reviewed the trigger points in Sections 11, 7, 8 and 10(e) of the agreement.  Mr. Chipok pointed out that if the vested rights appeal is approved and this agreement is approved, then the developer in order to utilize the vested rights for the apartments at the existing rate would have to build in accordance with the ordinance within 18 months; so there is a compressed time frame and a series of various triggers that will necessitate action on both parties’ parts rather quickly if the Board moves forward with the agreement.  He announced that staff is here from Planning and Public Works and also Joe Thacker, who is outside counsel handling condemnation matters, if there are any questions.

Commissioner Dallari stated that in his meeting with staff he pointed out several things.  He thinks it is a great document but he is still looking for Exhibit 12 and Exhibit 14.  Mr. Chipok stated the exhibits (copies received and filed) were delivered yesterday and then submitted them into the record.  He noted those two exhibits will be included in the final executed version of the agreement.  Exhibit 12 (two pages), depicting the location of the pocket parks, and Exhibit 14, depicting the 13-acre and 5-acre parcels which are the remnant parcels from Pond 1 and Pond 2, were displayed. 

Commissioner Carey pointed out that there are minimum setbacks of zero and maximums of ten feet.  She suggested that if she wanted to set a building back as far as the wall so there could be a big open plaza-type of atmosphere and build the buildings around that, under the guidelines that are in this agreement under Building Setbacks (page 1161 of Agenda Memorandum), you would not be able to do that.  Commissioner Carey suggested they remove the maximum because you would want to have flexibility to create that plaza/park feel.  She understands the minimums; but when it comes to maximums and it being such a small amount, not every building warrants being ten feet from the property line.  This is a project that is going to transform this area and she feels they are setting themselves up to have to come back and make amendments to it if they put maximums in the agreement.  She believes they should strike them.  She pointed out they will see the plan again; this is a conceptual plan.  If the agreement says that is the maximum, then their hands are tied behind their backs.

Ms. Guillet stated their anticipation is to come back to the Board with a Land Use Amendment and a Land Development Code Amendment that are substantially consistent with what is in this agreement.  She suggested they could change the language in Paragraph 7.  Commissioner Carey stated she thinks it is a problem.  Ms. Guillet agreed that Commissioner Carey’s point is a great point and added that it shouldn’t be tied to it in this agreement.  She noted that Commissioner Carey provided some other good suggestions yesterday with respect to the draft Comprehensive Plan Amendment that they could incorporate in there before they bring back the final Comp Plan Amendment and Land Development Code. 

Ms. Guillet suggested they amend the language, if Mr. Jones is comfortable with it, to indicate that they would develop in substantial compliance with the drafts.  Mr. Chipok indicated that the language already reads that way.  Commissioner Dallari stated that there has got to be some other agreements for when it talks about hardscapes and landscaping and all of that stuff; there will be more agreements coming back to the Board.  He stated he fully supports this but would like to see a work session so they can dive deeper into it on the Plan Amendment part so they can understand what the developer is trying to do.  Commissioner Carey indicated that she does not have a problem doing it as a work session or just bringing the Land Development Code forward to address it since this is an overlay district.

Mr. Chipok stated they are referencing Exhibits 13A and 13B and those are draft exhibits which will need to come back to the Board and be fully vetted through the normal Future Land Use Plan adoption process and also the adoption process for the Land Development Code.  He suggested they could start that process with a workshop to vet that out a little bit more for a hopefully smoother transition and adoption.  Commissioner Carey requested that they have that sooner rather than later because timing is going to be critical on some of the points here on the timeline.  Chairman Horan asked whether there was going to be language added to the Developer’s Agreement.  Ms. Guillet responded that she does not believe they need to. 

The Chairman asked Mr. Jones if he was comfortable with this.  Mike Jones, representing Mr. Birdoff, addressed the Board to state that he was.  Mr. Jones stated that this is basically an agreement to agree and when they do it, they are bound by the 30-day transfer of the deeds.  With regard to a work session, they would like to have it and go through the items one by one so they make sure upfront and before they start to spend a lot of money that they are on target before they get to the development stage.  The architect is sitting here and he needs to know that.  Ms. Guillet suggested they keep the idea of a work session on the table but timing-wise it might be problematic.  Commissioner Carey asked the County Manager if, based on the briefings that she has had, the discussions, and the two years they have been working on this, she has some land use changes drafted and ready to bring to the next meeting. 

Commissioner Carey cautioned that once this decision is made, there are triggers like the 30 days for the deeds.  If it drags out two or three months before they get the Land Development stuff hammered out, that is time lost.  Ms. Guillet stated they do have changes drafted and those are the items that are attached to the agreement.  She agreed that obviously they need to do a little bit of fine tuning on them based on some of the comments from the Commissioners.  Commissioner Carey asked if they could see it at the next meeting and Ms. Guillet responded that if they can meet the advertising requirements, they could.  She added that is her concern about doing a work session; they will add an additional meeting between when they can actually get the Comp Plan Amendment and the Overlay District adopted.  Ms. Guillet suggested that if Mr. Birdoff is ready to proceed with development, they could start processing development applications that are substantially consistent with what is attached to this agreement while they are doing the Comp Plan Amendment and the LDC Amendment with the understanding that the Board may change something as they adopt.  If they want to go ahead and get started ahead of the game, they could.  Commissioner Dallari advised that he does not believe the Board is going to make substantial changes but rather they want better definition.  He wants to understand fully what is expected in all of the agreements. 

Upon inquiry by Commissioner Carey, Ms. Guillet stated the Land Development Code and Comp Plan amendments will come back to the Board in August; she just is not sure whether it will be the first or second meeting.  With regard to a work session, Mr. Jones asked if they can just have a work session with staff and then bring it back to the Board for approval.  He suggested the Commissioners submit questions to staff and he will answer them.  Commissioner Dallari indicated that he is fine with that.  Chairman Horan stated they don’t need a formal work session with the Commission but rather a timely meeting with staff on these particular issues to bring back what needs to be brought back to concretize the issues that have been raised here.  Ms. Guillet advised they can move forward with the agreement today and staff will be bringing back the Land Development Code amendments and Comp Plan amendments. 

Commissioner Carey pointed out that the Applicant could go ahead and make application and be tracking at the same time they are doing the Land Development Code amendments; and from a timing standpoint, that would be beneficial for everybody.  Chairman Horan stated he does not know if that is precluded in the agreement.  Ms. Guillet stated it is not.

Mr. Chipok mentioned a math error on page 1136 in the agenda packet under Section 10C at the bottom of the page regarding the “approximate value of the increased annual taxes due to the mixed-use redevelopment on developer’s property at full build-out.”  The first number ($1,104,905) is correct and the second number should be $3,049,164.  The final number, Developer Total, should be $20,185,007.  He stated he will make those changes.  Mr. Chipok offered to answer any questions.

Mr. Jones advised that they have a presentation that shows what they want to do between what they have now at Highway 50, which is a comparison, and what they are going to have two years from now at 436.  Mr. Jones introduced John Cunningham, the architect of the project, and advised that he has put together a drone program and some graphics and will go through them. 

John Cunningham, Zyscovich Architects, addressed to Board to present the “Oxford Place Master Plan” presentation (copy received and filed).  A video was displayed that illustrated the Oxford Road Existing Conditions.  He displayed the current super bus stop and talked about partnering collectively together to create something significant in a different location but convenient to LYNX and beneficial to the overall redevelopment.  Several views of the existing lands that will be redeveloped were displayed.  Mr. Cunningham displayed a video illustrating SR 436 and East Colonial Drive Overpass.  He pointed out there is no landscaping and few trees and added there has been no forethought as to what to do on the four corners.  A video illustrating the SR 436 and 17‑92 Overpass was displayed and the landscaping and visual ponds in this area were pointed out.

Mr. Cunningham displayed and discussed the three alternatives for the Master Plan Concepts.  Alternative 1 is about 400 residential units with all surface parking.  All three schemes will have complete streets to make it walkable.  Alternative 2 is around 500 residential units with commensurate parking.  Where the Jai Alai site was, there will be one parking garage which would allow for the increased density.  With regard to the retail, there should be an increase of another 50,000 to 60,000 square feet.  In Alternative 3, they created 1,200 plus units because there are parking garages so it is the maximum.  The first and second alternatives were a three‑ and four‑story combination.  The third alternative was four‑ and five‑story buildings, which was more desirous of what staff was looking for regarding density.  Regarding the catalyst that the County is doing with the new roads and ponds and beginning of the parks, Mr. Cunningham talked about how it is their hope to continue that on the private development side. 

Mr. Cunningham displayed and discussed the Fernwood Boulevard Concept graphics and talked about redeveloping Fernwood so it is more of a gateway street.  Photographs regarding the concepts of Recreation/Park/Sustainability, Multifamily Housing, Retail/Commercial, and Artfully Enhanced Retail Back-of-the-House Walls were displayed and discussed.  Mr. Cunningham concluded his presentation by displaying a series of photographs depicting the existing conditions and comparing them to artist renderings of the conceptual designs.

Mr. Jones noted that the Commissioners have seen the numbers and pointed out that the numbers were taken from the best evidence that they had at the time.  He reported that their projections show a return of approximately $14 million to the County in taxes over the next five years and something like $74 million over 20 years. 

Kami Corbett, Representative for the School Board, addressed the Board and referred to Paragraph 10(e) in the Developer’s Agreement.  Ms. Corbett stated they are expressing their concern.  It sounds like it is a win‑win for the developer and the County with respect to roadway improvements and the redevelopment of the area; however, they are very concerned about the vesting of 1,127 units and the reduction of the impact fees from what would have been the 2018 rates reverting back to the 2007 rates vis‑a‑vis the vesting.  Ms. Corbett indicated that is a significant financial impact to the School Board; and as the Board knows, the School Board has been very concerned about vesting throughout this process.  Ms. Corbett stated they would have liked maybe to have been at the table to have some discussions with the developer about how the School Board would manage that capacity and how that capacity would be funded and possibly the County looking at alternative funding sources to fund the deficit between the 2007 and 2018 impact fee rates.

Joseph Ranaldi, Executive Director of Operations with the School Board, addressed the Board and stated that the Applicant has not gone through the process with the School Board to identify what the actual impact would be of the over 1,100 homes that they are proposing.  Mr. Ranaldi advised that they are looking at an additional 363 students with the 1,100 homes.  At the elementary level, they are looking at 188 additional students, middle will be 75 additional students, and they are right at 100 students for the high school.  When it comes to capacity within the area specifically there, this would run English Estates Elementary School over capacity and the CSA (in which they reside in) by approximately 88 students.  In regards to the cost associated with building capacity for 88 students, it is closer to the $7.5 million worth of impact fees that they would be collecting with the new fee rates as opposed to the $2.4 million worth of fees they would be collecting with the old 2007 rates.  He noted they wanted to bring that to the Board's attention, that there is some real and specific impact that they will have within that region in regards to accommodating and providing student stations for this development.

Commissioner Carey asked Mr. Ranaldi if the numbers he put out (188 for elementary, 75 for middle school, and 100 for high school) was based on 1,127 multifamily units; and Mr. Ranaldi responded that it was.  Commissioner Carey noted that in the earlier presentation, they showed one concept that was 400‑and‑some‑odd units, one concept that was 500‑and‑some‑odd units, and if they maximized it, it might be 1,100 units.  She just wanted to make sure Mr. Ranaldi's numbers were based on the maximum.  Mr. Ranaldi stated what he heard was that the maximum could be as many as 1,200.  He advised they went with the 1,127 that was shown in the agenda packet. 

Yvonne Durnan, 1033 Chesterfield Circle, addressed the Board and stated she has lived in this area for 20 years.  Ms. Durnan explained that she understands that many people are coming into the county for different reasons.  She is concerned about developers having their construction solely focused on traveling with a car.  She knows that a lot them are sensitive to the needs of children, seniors and other adults in the county.  Ms. Durnan talked about the need for more recreational areas for families.  She stated she feels for those who have to walk or catch a bus or take a train; and she believes as long as the developers create their development thinking about this, they would have a better, happier, and more successful county.  Ms. Durnan advised that she has been a volunteer with Seminole County schools and is concerned about children crossing the streets. 

David Bottomley, 305 Woodbury Pines Circle, addressed the Board and stated that he has lived here for 50 years.  With regard to redeveloping in that area, Mr. Bottomley reported that the Jai Alai has been dead for years.  The idea of making it multimodal, walkable, and pedestrian friendly is a great idea.  He advised that the school impact had not dawned on him, and he knows the Board needs to consider that as well and work out a compromise with that.  He talked about the idea of putting sidewalks around retention ponds.

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

Speaker Request Forms were received and filed.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute the Developer’s Agreement regarding the Fern Park Boulevard Extension and Oxford Road Widening between Seminole County and RB Jai Alai, LLC on property generally located on the southeast quadrant of the SR 436 and U.S. Highway 17-92 intersection; Richard Birdoff, Jai Alai, Inc., Applicant.

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

 

 

 

 

PUBLIC HEARINGS (Continued)

 

OXFORD APARTMENTS EDUCATIONAL SYSTEM IMPACT FEES

VESTING DENIAL APPEAL/Michael D. Jones

Agenda Item #44 – 2018-0841

     Proof of publication calling for a public hearing to consider an appeal of the denial of Educational System Impact Fee Vesting for the Oxford Apartments development, on property located generally near the southeast corner of the intersection of U.S. Highway 17-92 and SR 436, Michael D. Jones, received and filed.

     Tina Williamson, Director of Development Services Director, presented the request as outlined in the Agenda Memorandum.  Ms. Williamson advised that the Oxford Apartments development is proposed as part of a mixed-use redevelopment project encompassing multiple parcels.  On August 25, 2015, the Board entered into a Memorandum of Understanding (MOU) with the owner regarding redevelopment of the parcels in association with the extension of Fern Park Boulevard and the widening of Oxford Road. 

     Ms. Williamson stated that in the application for vesting, the Appellant stated that due to the existence of the MOU, and since both parties have expended substantial expenses for performance under the MOU, it would be inequitable and unfair to deny vesting to the proposed development.  However, the MOU states that it does not impose a legal obligation on either party, and the parcels currently do not have the appropriate future land use or zoning for the proposed multifamily development and no applications have been submitted.  Therefore, the vesting request was denied.  Ms. Williamson stated the Developer’s Agreement with the property owner that was just approved in Item #43 is sufficient to establish that the criteria for vesting under Administrative Code Section 30.30.B(3)(e) are affirmatively met.  She then turned the presentation over to Mr. Chipok to discuss the timeline of the Developer’s Agreement and coordination with the Applicant.

     Paul Chipok, Senior Assistant County Attorney, displayed the Timeline of Applicant/County Activities (copy received and filed).  Mr. Chipok noted that since the Memorandum of Understanding was entered into in August of 2015, they have been working continuously with the developer on the project.  The MOU did state that it was not legally binding; but both the developer and the County have expended a lot of funds, time, and effort to get to this point.  He referred to the numerous versions of the draft agreement and negotiations back and forth listed on the timeline and pointed out that the majority of those occurred before the April 9 date of the new impact fee rates.  Mr. Chipok stated with that, they feel that in good conscience and in good equity, the Board should consider approving the vested rights agreement and overturn the initial denial by the Development Services Director.

     Mike Jones, Appellant, stated they have been working on this one month short of three years and were actually working on it more than that before they got to the agreement.

     Commissioner Carey asked Mr. Chipok if the impact vesting denial is overturned, would Mr. Jones still only have 18 months.  She added that the vesting is the vesting and the rules are the rules; so he will have an 18-month window to pull a building permit.  Mr. Chipok agreed.  Commissioner Carey confirmed with Mr. Chipok that only building permits pulled within those 18 months are going to be given the prior rate.  Mr. Chipok agreed and added that is the normal operation of the vesting rights ordinance, that this is not asking for any deviation from that.  Upon inquiry by Mr. Jones, Mr. Chipok advised that the 18 months will run from the time of the execution of the agreement.

     Kami Corbett, Representative of the School Board, stated she would like to place the School Board’s objection on the record for the reasons stated in the prior item.

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

     Speaker Request Form for Kami Corbett was received and filed.

     Motion by Commissioner Carey, seconded by Commissioner Constantine, to overturn the denial of Educational System Impact Fee Vesting for the Oxford Apartments development, on property located generally near the southeast corner of the intersection of U.S. Highway 17-92 and SR 436, subject to approval of the Developer’s Agreement regarding the Fern Park Boulevard Extension and Oxford Road Widening, as described in the proof of publication, Michael D. Jones.

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

DISTRICT COMMISSIONERS’ REPORTS

District 3

     Commissioner Constantine reported that at the Historical Commission meeting, a Memorandum of Understanding was given from the staff to both the commission and the society.  They were very excited about the fact that it was presented to them.  This was part of an agreement to get that historical buggy collection from a citizen, and they have to in turn raise over $150,000.  Ms. Guillet advised that the MOU will have to come to the Board.  Commissioner Constantine stated they have distributed the MOU to all of their members for signature and to then bring it back to the staff so staff can present it to the Commission. 

District 4

Chairman Horan advised that Commissioner Henley is not in attendance today and is under the weather.

District 5

Commissioner Carey stated that a number of years ago they edited their Seminole County and City of Sanford Joint Planning Agreement (JPA).  When they did that, they made some amendments and added some new areas including things that were south of Lake Mary Boulevard and Pine Way and over in that area.  She explained that there is a subdivision in the city of Sanford.  Most of the eastern side of the county will be serviced by the City of Sanford Utilities.  There are things in the agreement about annexing into the city when they become contiguous.  Some of those properties had annexed into the city long before they got to the development point.  But in 2007, there was a land use and zoning approved by the City of Sanford for Wyndham Preserve.  This is a project that was platted back in 2013.  It was in 2015 when the Joint Planning Agreement was amended that brought in this new area. 

Commissioner Carey explained that one of the things that has been brought to her attention is a 10‑acre tract that is adjacent to the existing Wyndham Preserve.  It is an additional phase of Wyndham Preserve.  It would be accessed through Wyndham Preserve's existing roadway structure off of Lake Mary Boulevard and not impact anything south of Eagle's Trail.  She talked about the density in this area.  Commissioner Carey pointed out that this is a unique piece of property.  She stated if it is the desire of the Board to support going back to Sanford and having a discussion, she would like to go back and talk to Sanford regarding having an amendment to the Joint Planning Agreement that would simply address this particular piece of property.  She suggested that as time goes on, they may find themselves in unique situations like this one where some amendment probably makes sense.  The Commissioner stated this was planned from the beginning and the road, when this subdivision was built, was stubbed out for this additional ten acres.  They are in the process of trying to bring it through now.  Commissioner Carey stated she would like the consensus of the Board to go back and talk about amending the JPA to address this particular piece of property.

Commissioner Dallari stated he did meet with one of the Applicant's representatives about this project last week and agrees that Commissioner Carey is right that this does make sense and that you do have to be flexible sometimes.  He believes they do need to go back to the City of Sanford to see about changing the JPA and making this acceptable.  What really struck him was that they are connecting to the existing subdivision and that makes it different than other projects.  Commissioner Carey stated Mr. Chipok has drafted some language which would be an amendment which he can circulate around if it is the pleasure of the Board to send to Sanford to talk about to make sure they are okay with what is being proposed because this is a partnership.  Chairman Horan reported that he also was briefed on this and he believes communication needs to go to the City of Sanford that the County has no objection to this because of the unique circumstances.  Discussion ensued.

Chairman Horan asked whether they need a motion regarding it and Ms. Guillet responded they don't need to vote on it because it will come back to the Board for a formal vote.  Ms. Guillet advised that staff will coordinate with the City of Sanford.

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Commissioner Carey stated that at the last meeting, they had a project that was on the corner of Orange Boulevard and Markham Woods Road.  She stated she has received a request from the Applicant asking her to bring this back up at the meeting today.  She stated that it may be that everyone was not clear on the fact this project lies within the Sylvan Lake Overlay District which allows 2.5 units per acre.  The Applicant is asking for two lots on 1.6 acres which means they would be over three‑quarters of an acre each.  There were some additional setbacks and right‑of‑ways and different things that they needed that were involved.  They were asking if the Board would be agreeable to hear this item again without them having to wait the year and pay the additional fees because that is what would be required under this situation.  This is not an experienced developer but rather an individual who owns the property who is trying to put two homes on 1.6 acres.  Commissioner Dallari stated he would be in favor of hearing it.  During the presentation, he did not hear that it was in the overlay area.  He thinks that would have made a difference and believes it needs to be brought back. 

Motion by Commissioner Carey, seconded by Commissioner Dallari, to waive the fees and one-year wait requirement and allow the request for a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development (PD), and a Rezone from A-1 (Agriculture) to PD (Planned Development) for a two-lot, single-family residential subdivision on 1.6 acres located at the southwest corner of Markham Road and Orange Boulevard (Michael Elias) to be heard by the Board at the next available meeting where appropriate notice can be given.

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

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     Commissioner Carey submitted her ex parte communications (received and filed) into the record.

District 1

     Chairman Dallari announced that Harry Barley is retiring after 22 years with MetroPlan Orlando on August 31, 2018.  The Commissioner talked about the national search and selection process that MetroPlan has done for Mr. Barley's replacement.  The final selection was approved by the board of MetroPlan at their last meeting, and Gary Huttmann will be taking over after Mr. Barley retires.  It was suggested that they do a Resolution of Appreciation and a discussion ensued regarding Mr. Barley's service over the years.

     Commissioner Dallari reported that at the last MetroPlan Orlando meeting they talked about various bus stops in Central Florida that are not ADA compliant and he wants to make sure they review or ask LYNX to review the bus stops in Seminole County to make sure they are all ADA compliant.  The Commissioner stated he thinks they should be sending a memo to the LYNX executive director and have the staff reach out to them.  Commissioner Constantine stated he will address it at the next LYNX meeting on July 26.  The Chairman noted that meeting will occur in the next two days; so Commissioner Constantine will be able to report back to the Board at the next meeting. 

     Commissioner Carey referred to the super bus stop at the Jai Alai site and noted they have talked about various locations for that to possibly move to.  She believes that LYNX certainly needs to be a part of the discussion about potential relocation, whether it be to SunRail or across the other side of SR 436 on some excess property that FDOT has.  They need to make sure that the traveling public, who depend on bus service, have the best location and some protection from the elements.  Commissioner Dallari reported that at the last statewide MPO meeting, Tampa Bay is putting together with their BRT systems a gold standard for BRT.  Some of these bus stops are very well put together.  They have air conditioning and restrooms.  Some have coffee stops.  He believes this is something they should be looking at.  He does not know how they are going to pay for it and he knows that has always been a concern.  He feels that if you don't ask, you are not going to be able to put the pieces together.  Commissioner Carey pointed out they should do something for the super stops particularly because that is where people make their transfers and they only have a couple of super stops in the county.  Commissioner Dallari stated the reason he brought this up is because one of the initiatives of MetroPlan is looking at the BRT up SR 436 and that would include the super stop over by the Jai Alai.  Commissioner Dallari suggested they should be asking for an update on that.

     Ms. Guillet advised they have been talking to LYNX about the relocation of that super stop on Oxford Road.  She stated that Mr. Birdoff has agreed to provide an alternative location.  With regard to who is going to pay for the construction, LYNX has given some indication they might be willing to fund the relocation.  Advertising at bus stops was discussed.  Commissioner Dallari remarked that if you look at BRT and going from the basics to a higher level, it is actually appealing and people then actually start using the bus more.

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     Commissioner Dallari advised they have received notice regarding the I‑4 Ultimate project and that they are actually closing access from Wymore and Douglas off of SR 436.  He noted they have a fire station there and he wanted to make sure the staff is aware of this.  He wondered how it would affect the run time.  Ms. Guillet stated they think it will have about a 20‑second impact. 

CHAIRMAN’S REPORT and District 2

Chairman Horan reported on the new Tax Collector's office that has opened in Winter Springs off of SR 434. 

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Motion by Chairman Horan, seconded by Commissioner Dallari to appoint Cole Copertino to an unexpired term (expiring on January 1, 2019) vacated by Ross Pagano on the Seminole County Industrial Development Authority (SCIDA); and adopt appropriate Resolution #2018‑R‑103, a Resolution of Appreciation for Mr. Pagano and his service on SCIDA. 

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

The Chairman recognized Mr. Copertino, who was in the audience.

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     Chairman Horan displayed a plaque that the County has received from the Central Florida Zoo for the County's involvement in the bear exhibit and thanked them for the plaque.  He next talked about the celebration for Recovery House that he attended where they celebrated 30 years of operation and John Hagan's retirement.  He pointed out that Recovery House is now the largest provider of homeless housing in Seminole County.  

     Chairman Horan reported that he attended the open house for the UCF Incubator and then talked about their presentation.  He noted the Commissioners received an annual report of the UCF Incubator (copy not received and filed).

     At Chairman Horan's request, Commissioner Carey reported on the SunPass billing issues.  Commissioner Carey explained that the Turnpike and the Florida Department of Transportation contracted to have a new back‑of‑the‑house central service update.  When they got ready to make the switch over, which they thought was going to be about a week, they notified the Expressway Authority of that.  The week turned into two and about $20 million owed to the Expressway Authority from the Turnpike Authority.  She stated the Turnpike Authority is working diligently to get the Expressway paid and talked about the billing cycles.  In order for the Expressway Authority not to be out of pocket so much, the Department of Transportation did start making contributions to them.  They sent $5 million and started making payments.  The Expressway should be made whole in the near future.  Both agencies are working together closely so there is no harm to the Expressway Authority, and they have put the vendor on notice that they will not be paid for their service until the problem is resolved.

     With regard to billing, Chairman Horan stated that most people have a credit card posted.  Commissioner Carey explained they are starting to make some of those charges now.  The Chairman asked if they were going to "come on all at once."  Commissioner Carey responded that they might.  She added they have talked about that at the Expressway Authority as to how they will handle that, and there is just no other way to do it.  Chairman Horan pointed out that you could have a credit card posted and have a credit limit and then all of the sudden you have $80 of tolls coming in all at once.  Commissioner Carey stated they are trying now to go back and start in June because the actual transaction switch was going to be made at the beginning of June.  They have started doing the weekly billing.  They are billing them out a little bit at a time.  She stated she does not think they have the manpower to go back and do it in "one fell swoop."  Commissioner Carey stated that as treasurer for CFX, she is monitoring this very closely.

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     Chairman Horan reported that the CoC, Continuum of Care, local application is presently underway.  He stated he knows their Community Services Department is working with their local providers to make sure they get their fair share of allocations under the current NOFA.  They will be under the current CoC during the process that they are engaged in right now for forming their own CoC probably not only for this NOFA but for the next NOFA.  The Chairman stressed they are keeping a close eye on that to make sure they are going to be treated fairly in that process in the existing CoC.

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     Chairman Horan discussed his attendance at the National Association of Counties (NACo), which was held in Nashville.  He advised that Seminole County is one of only three counties in the state of Florida that is not a member of NACo.  The Chairman talked about some of the information he received regarding financial advisory services and also regarding housing the homeless.  He believes there is value in the NACo organization and if there is a commissioner in the future that wants to take on the mantle of being a participant in that organization, he believes it is well worthwhile. 

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     Chairman Horan announced that on August 3 and 4 at St. Stephens Catholic Church, Spirited Sounds will be performing a recital of Broadway show tunes.  He invited all to attend and advised he would be distributing flyers (copy not received and filed) regarding that.

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COMMUNICATIONS AND/OR REPORTS

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

1.      Petition to oppose the major expansion of Wekiva Island signed by:  Gloria Rowan; Gerald Rowan; Ray Henry; Aaron Sullivan; Cindy Haynes; Leslie Gerald; Kathleen Lucas; Laurie Kaufman; Greg Smith; Sharon Smith; William Hill; Susan Baum; Bridget Bellavign; Marcel Neesen; Rita Neesen; Vam Wolff; Katrina Ross; John Summers; Debra Arrisher; Michael Arrisher; Emma Arrisher; S.M. Wiles; Lauren Zeleznik; Cristina Keller; Kathleen Zeleznik; David Zeleznik; Patricia Summers; Sally Fox; Sandy Sigourney; Frank Sigourney; Karen Shellhammer; Sheryl Turner; Barbara Delahoussaye; Audrey Gorman; Amanda Ross; Donald Meadows; Linda Hannigan; Kenneth Rose; Mary Rose; Steven Rose; Debbie Salamone; Nancy Prine; Arlen Charters; James Adamski;  Greg Mudd; Joe Exven, Jr.; Carole Hinshaw; Daniel Fox; Anita Henry; Greg Wilson; Deborah Shelley; Michael Cliburn; Gail Coplin; Anita Blackwelder; Wm. Fooshee; Jeannie Fooshee; Dottie Mull; J.B. Jenkins; Patricia Sanderhoff; Barbara Thornton; Marla Silva; Rebecca Mahali; Crystal Kellison; Jeanine Armesto; Victoria Rogers; Marlo Sanders; Catherine Poole; John Thornton; Bradley Visser; Peggy Musial; Lorien Prince; Jill Ulliano; Crystal Kinsey; Jeff Stamer; Richard Prince; Cheryl Cheste; Karen Pope; Jennifer  Prieto; David Braverman; Carolina Lofgren; and Kenneth Lofgren.  There were eight petitions with illegible names.

 

2.      Copy of a letter dated June 26, 2018, from Tom Bilodeau, Program Manager, Community Development Office, 4HD, U.S Department of Housing & Urban Development, to Olivette Carter re: Summary of the Seminole County NSP grants and reporting.

 

3.      Letter dated June 28, 2018, from Chairman Horan to Laura Kelley, Executive Director, Central Florida Expressway Authority, re: designating Commissioner Brenda Carey as liaison representative from the Seminole County Board of County Commissioners for a two-year term.

 

4.      Letter dated July 10, 2018, from Chairman Horan to Brian Hacker re: appointment to the Seminole County Industrial Development Authority.

 

5.      Notice of Public Hearing to consider a Conditional Use from the City of Sanford for property at 818 French Avenue.  The Hearing date is August 2, 2018, at 10:00 a.m. in City Commission Chambers.

 

6.      Notice of Public Hearing to consider a Conditional Use for Urban Infill from the City of Sanford for property at 150 Art Lane.  The Hearing date is August 2, 2018, at 10:00 a.m. in City Commission Chambers.

 

ITEMS FOR FUTURE AGENDA

     Jan Snyder Leibin, 2205 South Park Avenue, addressed the Board to discuss the library.  Ms. Snyder described the groups of people who were really pushing hard for the library in the '70s and worked to get it started.  She stated the library system has grown and is a credit to the county.  It has been a wonderful help to so many people of all ages, religions, and races.  Ms. Leibin talked about some of the reasons why she values the library and noted that only in doing it as a public service rather than a privatization situation can it really be effective to help everybody.  She has heard from a friend up north who talked about the privatization of libraries and said that the first thing they reduced was services; the next thing was staff; and then the next thing was books.  She believes this is something they don't need in Seminole County.  Ms. Leibin stated she appreciates the Board recognizing how important this is to the citizens of Seminole County.  Commissioner Constantine explained to Ms. Snyder that today before she came in they got a report from the County Manager who said that they received the report from the RFP and they have rejected the idea of going with the privatization of libraries.

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     Debbie Alvine, 1871 North Street, addressed the Board and stated that she would like to follow up on the cut‑through commercial truck traffic that she has spoken about before.  Ms. Alvine reported that Florida Highway Patrol has reversed their position that they require an ordinance and now state they can only provide enforcement if there is a load limit road or bridge; so she believes they are of no help in this matter.  She explained that staff has stated there is nothing else that can be done no matter what, including quality of life, safety, or health.  Left up to staff, they would allow all commercial vehicles to cut through unabated even though by any standards a roadway system which encourages commercial traffic to use a lessor classification roadway over an available state road is a poor design. 

     Ms. Alvine read Seminole County's own definition of a collector road into the record and pointed out that for two decades, Seminole County has not adhered to their own standards.  She explained that the Sheriff's Office has advised they can enforce truck restriction signage as a failure to obey a traffic device.  The Sheriff's Office also stated they require the signage be posted by FDOT and the County to write an ordinance so that they can enforce the restriction.  FDOT said months ago that they are willing to post any signage and the County just needs to let them know what it is.  She stated she fully understands that this issue will be further addressed possibly in ways to discourage these trucks in the roadway enhancement study; however, this is an immediate issue and cannot wait years for potential roadway studies to be completed and funded.  Ms. Alvine talked about how the trucks are a danger.  She requested that Seminole County move forward immediately with creating an ordinance so FDOT can post the necessary signage “no through trucks” and “local deliveries only” and the Sheriff’s Office can enforce them.

     Ms. Alvine stated that the most dangerous thing any of them have done today is either drive or ride in a car.  She explained how decades of speeding regulations imposed by Tallahassee and subsequent lax enforcement have created a culture of speeding and aggressive drivers.  Ms. Alvine stated a traffic calming program with the ability to make all calming measurements available is a much needed program in Seminole County.  She then asked why Seminole County is spending $76,000 on a speed cushion program that has no scope.  She wondered how it would be possible to have clarity on what is being studied if they don't know why the program is being conducted, what it is intended to study, what will be done with the results, and whether there would be any public awareness included with it.  Ms. Alvine asked that this matter be brought back and a scope added so there is clarity on what is being done and why it is being done.

     At the Chairman's request, Ms. Guillet explained that the Board approved a pilot project at four different locations.  They are doing the pilot program with speed cushions as an alternative to the speed humps that they had been asked for.  She stated they want to see what the impact is in the neighborhoods and what impact they have on speeding, whether or not the neighborhoods are receptive to them, and those kinds of things.  She reiterated they have four different locations that were selected to do the pilot programs.  The Board funded that program two or three meetings ago.  Commissioner Carey emphasized that the pilot locations are all internal to subdivisions.  Chairman Horan confirmed with Ms. Guillet that none of them are on collector roads.  He affirmed that they do have a definable scope.

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     Nallan Chari, 1911 North Street, addressed the Board and stated that he has been a resident for 30 years and is curious to know why the Board supports staff recommendations that go against the wishes of voters like him.  Dr. Chari gave the example of legalizing the current unsafe 35 miles per hour on a street with several blind spots and by ignoring the residents’ petitions initiated by Ms. Alvine for a safer limit of 25 miles per hour.  He gave a second example of the minimal action on a petition for better maintenance of a retention pond by the residents around the pond in 2013.  Hurricane Irma's rains flooded Oliver Street for a few days partly because of this neglect.  He added that he personally has experienced the rejection of his invited tort claim.  Dr. Chari submitted a letter with pictures (copy received and filed) that illustrate what the stormwater division promotes and what it practices.  He stressed that maintenance does not just mean mowing the excess growth but rather it means dredging the pond and making sure there is no flooding.  He advised that is not what is happening and that is what his concerns are about.

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     Guy Wells, 1571 Arden Street, addressed the Board and reported that he attended a community meeting regarding the traffic issues on North Street and Raymond last Saturday with Ms. Alvine and Dr. Chari.  Mr. Wells pointed out that at that time there was a consensus that lowering the speed limit to 30 miles per hour and having enforceable "no through truck" signs would be the least intrusive and most cost effective solution to the current problem they are having there with the traffic.  Mr. Wells advised that what there wasn't a consensus about but they keep hearing about every once in a while is installing speed cushions or stop signs every block like Rangeline Road that would impede traffic flow. 

     Mr. Wells talked about his experience with traffic cushions and stated that to prevent an abrupt ride of the vehicle, knocking tires out of balance, or premature front‑end wear, you have to go over a speed cushion at half the posted speed.  Mr. Wells noted that the Commissioners were sent photos last week of an accident that happened on North Street and then discussed an accident where two drivers crested the hill and ran into another car stopped in the long line waiting for their turn at the four‑way stop sign.  He described another accident that he observed where someone was rear‑ended.  Mr. Wells pointed out that placing obstacles in the road that good drivers slow down or stop for causes distracted drivers to have accidents.  He stated there are many residents of Rolling Hills that do not want traffic further backed up or to be rear‑ended by distracted drivers.  He requested that if any major changes are to be considered such as traffic cushions or multiple stop signs that a survey be sent to all of the Rolling Hills residents for their input.

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     Yvonne G. Durnan, 1033 Chesterfield Circle, stated she has witnessed many accidents on Tuskawilla and Red Bug in the last six years that she has lived here.  She thinks it is a little better now but still people are driving very aggressively.  Many of them know that the Tuskawilla and Red Bug area is one of those areas that they really need to watch.  Ms. Durnan noted they have an increased population and most of them happen to be little babies and toddlers.  She talked about the moms on Red Bug and Tuskawilla trying to cross.  They are waiting but once the light changes, everyone just tries to keep up with the 45 mile-an-hour speed limit.  Ms. Durnan stated she has made some phone calls to Traffic and they said they would consider looking at this and that was two years ago.  She doesn't know if anything was being done.  They talk about it in her HOA meetings so since she was here today, she thought she would bring it up because of the bike riders and pedestrians.  She wondered if anyone here today can help.

     With regard to traffic management, Chairman Horan explained he was told by the traffic people that normally what happens in terms of sequencing through intersections is they calibrate things so that if you are on a major artery, you are going to go through intersections.  If you want to make a left turn somewhere, you are not going to get priority.  In the areas that Ms. Durnan is talking about, Tuskawilla and Red Bug Road where you have a queuing up of traffic, there is a reason why there are two left‑turn lanes.  The left turns are really the things they try to eliminate the most.  They discourage people from making that left‑hand turn.  Chairman Horan advised they are already trying to address that issue in terms of doing that through traffic management calculus and computer analysis. 

     Ms. Durnan asked about the speed limit on Tuskawilla coming all of the way from Aloma.  Chairman Horan stated they can put speed limits down to 20 miles an hour but they cannot control human behavior.  He wishes there was a way he could get people to drive more carefully but noted that if they adjust the speed limit five miles per hour, it does not have much of an effect.  Ms. Durnan stated that area is residential and people are going 45 miles an hour.  If you have to make a right turn into your community, there is not enough room and there are children sometimes on the corner waiting for a bus.  She asked whether the speed limit could be changed to 40 miles an hour.  Chairman Horan stated they could change the speed limit but he does not know if that is going to change people's behaviors.  Commissioner Carey pointed out that there is a design speed limit for most of the roads and noted that it sounds like Ms. Durnan has a lot of concerns that are in the Chairman's district.  Commissioner Carey suggested that maybe after the other public speakers have an opportunity to speak he could meet with Ms. Durnan and talk about her issues.  Chairman Horan advised Ms. Durnan that if she would like to schedule a time to come in and talk to him about the issues, that would be fine. 

     Andre Klass, 3250 Retreat View Circle, addressed the Board and stated he has come here today because of the phenomenon he has been seeing not just in Seminole County but also all over the state and the country.  Mr. Klass stated the divisive political atmosphere that has been going on has been very toxic and negatively affecting the quality of life amongst his community, his county, his state, his family, and his friends.  It is out of control.  Mr. Klass stated he wanted to remind everybody, especially with the election coming up and the election that will be coming up in the near future in 2020, that the politics that happen in the country should not define us as citizens or define us as people.  He emphasized that people need to stop defining themselves by this or that which allows them to become combative over these trivial issues regarding what is going on in the world today.  Mr. Klass talked about the need to be united as friends and a community.  He informed the Board that after this meeting, he intends to go to Michael Ertel's office and file his own candidacy for one of the Commissioners' seats in the 2020 election.  He hopes that he potentially can spend some time with the Commissioners to get to know them better and potentially be able to be an effective leader for the future.

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     Speaker Request Forms and Written Comment Forms were received and filed.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:51 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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