BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
January 23, 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, January
23, 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 Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of the Court and Comptroller Grant
Maloy
County
Manager Nicole Guillet
Deputy County
Attorney Lynn Porter-Carlton
Deputy Clerk Terri Porter
Dr. Walt Person, Sanford Church of Christ, Sanford,
gave the Invocation. Commissioner Dallari
led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Design Custom Millwork was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-0533
Motion
by Commissioner Henley, seconded by Commissioner Carey, to approve a
Proclamation declaring Friday, February 2, 2018 as School Crossing Guard
Appreciation Day.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sheriff Dennis Lemma addressed the Board to
accept the Proclamation on behalf of all the School Crossing Guards.
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Agenda Item #2 – 2018-0522
County Manager Nicole Guillet announced that
representatives from the Renaissance Planning Group are in attendance to give a
summary of their findings and recommendations.
David Nelson and Jeremy Goldstein, Renaissance Planning Group,
addressed the Board to present their report, Evaluation of the HIP-TI Future
Land Use Strategic Recommendations. A
PowerPoint presentation (included in the Agenda Memorandum, Page 86) was
displayed. Mr. Nelson stated the Higher
Intensity Planned Development Target Industries are meant to provide employment
centers and mixed use centers, mainly along the I-4 corridor with the intent of
bringing higher paying jobs in target industries such as manufacturing,
technical, IT, digital media, research, financial information services,
etc. He explained the focus of their
study is looking at where the HIP-TI is right now; doing a market position of
it for County staff, not only in terms of the long term, of larger County goals
and objectives, but also in the short term as planning staff deals with
development decisions. They are looking
at what HIP-TI allows right now. On one
hand, they can make the case for maybe changing the regulations to allow for
more multifamily and commercial. It
provides tax base and rooftops that are going to help employment centers down
the road; but on the other hand, they have only so much space of HIP-TI Future
Land Use available. And, do they really
want to give that away or do they want to keep that for target industry. He noted that that is the juxtaposition they
are looking at as they started approaching this market study. He then reviewed Project Context.
Mr. Goldstein covered the Market Position Analysis, Existing
Conditions and Takeaways, Development Forecasts, Competitive Analysis, and
Target Industry and Multi-Family maps. Mr.
Nelson reviewed the Framework section including HIP-TI Overview, and sub-areas
west of I-4, Monroe Road, SR 46, and South of SR 46. He then presented their Strategic
Recommendations. He opined the HIP-TI
Future Land Use provides an opportunity for County staff to really start
looking at some of the larger goals and objectives of the County, promoting
compact land uses, sustainability, the use of “Complete Streets,” and really
looking at starting to link these residential and employment areas
together. He concluded stating this is
the short summary of the market study they have done and the more detailed
report is included in the Agenda Backup.
Commissioner Carey stated they do not have any large tracts like
Heathrow left. Heathrow started out as
1,200 acres with a vision that it would have residential on one side of the
development and the commercial corridor along the interstate. The reason people wanted to live there was
because there was a commercial component and they could work right there and
never really have to leave. There are
some small parcels but very few big parcels left. She said she believes the natural progression
is they will go to Monroe Road and other places. Along SR 46 and just east of I-4, there is a
lot of redevelopment going on; buildings that have been vacant for years are
being torn down and rebuilt. There are a
lot of restaurants and if you look at the caliber and quality of those, that is
an indicator that there are some people with some money living in that area
because they are all higher cost factors.
She said she thinks while the HIP-TI has been a good strategy, they
still have to consider these on a case-by-case basis because it is not a “one
size fits all.” However, they still have
to look at it globally to make sure they have the commercial to support and the
residential to support the jobs. She
opined from Monroe Road to SR 46 over to the SunRail station, there is a lot
going on there and a lot of major development has occurred out there because
they needed more land. She noted that at
MetroPlan they have had the debate for years of which comes first, the road or
the development. She added they have the
existing SR 417 and she thinks they need to focus some of their attention on
that. A number of years ago they looked
to see where the next big push was for jobs to be developed, and she thinks
they need to look at those areas a little more closely because before they know
it, some of the areas they have been focused on are going to be built out. Also, the beltway comes through in 2021 which
is in just four years; things can happen very rapidly and they need to plan
well in advance. She stated she would
encourage them to look at where the next area is that they really need to focus
on and plan for.
Commissioner Henley said that Commissioner Carey made some good
points, and he has been around long enough to know what it was like when
Seminole County was simply a bedroom community to Orlando. Their kids graduating from high school had to
leave the area in order to get jobs.
They had plenty of houses being built, but they didn’t have the
jobs. He opined he does not want this
county to regress to the situation of being a bedroom community again, so he
thinks they certainly need to spend more time discussing this vision because
otherwise, they could easily be pushed by the development industry into doing
something they will regret down the line.
They have got to maintain the position of where they can attract jobs
here. He added he thinks they have been
very successful since they established the HIP-TI when they did the study at
that time. At the same time, they placed
a greater emphasis on economic development in trying to bring in target
industry here, and he thinks they have had success in that because of the plans
and the efforts this Board and the previous Board put into the vision of what
they want Seminole County to be like 10 to 15 years down the road. He noted housing trends change; what is hot
today may not be a few months from now.
Therefore, he thinks it is important that they spend time talking about
the vision.
Commissioner Dallari stated he agrees with both Commissioners
Carey and Henley. Several years ago they
looked at SR 417 and designated it “Seminole Way,” but not a lot of work has
gone into it since then. There are some
pockets of industrial, and he thinks that needs to be looked at to make sure
they are heading on the right path for the surrounding areas. He added the biggest thing that is coming is
the completion of the Wekiva Parkway, which will complete a loop around Central
Florida. A metropolitan area with a
complete loop boosts a lot of development in and around that loop. He thinks they need to be doing more planning
on that designation.
Ms. Guillet noted the HIP-TI district that they focused on in
the study is in the northwest part of the county, in the Sanford area along the
I-4 corridor. The reason they initiated
this closer look at HIP-TI was because in the last couple of years, they have seen
increasing pressure to change the ratio of permitted residential to
non-residential uses within that corridor.
This was intended to be a corridor that attracted these higher wage
jobs, these target industry jobs, and the policies that are associated with it
allow residential to be incorporated into those developments at a ratio of no
more than 50% of the total square footage of the project. She said they have seen, because the
multifamily market has been so strong, increasing pressures to change that
ratio and to incorporate more residential in projects that are occurring within
that district. So, at the Board’s
request, they took a look to see if they still were approaching this with the
right ratios and still providing the appropriate opportunities for development
within the county. From this report,
they can see that that policy is still a good solid policy. She opined it may require the Board to turn
down certain development proposals in favor of other proposals that would hit
that target industry mark. She stated
she is hearing that the Board is comfortable with keeping that policy but that
they want staff to start looking at other areas of the county where they can
have additional opportunities with some sort of target kind of growth, maybe not
in this ratio or in this same structure but whatever is appropriate within
those different potential growth areas within the county. Commissioner Dallari agreed.
Commissioner Carey noted she is going to use International Parkway
as an example; there was some planned residential in Colonial Town Park that
was then converted to office space. The
reason why they have to do the case-by-case basis is that when you look at some
of those five-acre, seven-acre, or ten-acre parcels, you cannot put a mixed-use
development in and get commercial and office and residential on it to make it
work. So if they have a lot of that
develop as office, then is it appropriate to allow those smaller parcels to
develop as housing or to develop as commercial.
Commissioner Carey explained that it may be that the parcel comes in as
100% residential or 100% commercial, but when you look at the bigger picture of
what actually has happened in the corridor, they have to have that
flexibility. In addition, when the
beltway comes through there and it bisects the north portion of International Parkway,
north of SR 46A, they are going to have to really look at how that all works
and whether a hotel is appropriate or other uses that maybe are not identified
in HIP-TI, but to support the community activity, it might be an important
piece. She opined they have to look at
it on a case-by-case basis and have the flexibility and not just have staff say
that it doesn’t meet our policy and criteria.
She added that Deltona in Volusia County has become the bedroom
community for Seminole County and a lot of these jobs; what is seen on I-4
every morning is the result of that.
Commissioner Carey stated they need to focus on planning for
some of the other areas in the county.
They have the eastern portion entrance of this county, Lake Mary
Boulevard. The County invested many
years ago to put in the infrastructure, a four-lane, divided highway. That is all around the airport and was looked
at as industrial. She said she thinks
they will still see the industrial close to the airport but that they’ll see
that develop totally different. River’s
Edge, a big residential component, is coming in with a beautiful entrance. She noted they need to focus on that and they
need to focus on SR 417. The few remaining
parcels in Heathrow that are being developed along International Parkway are
being developed as residential to support the jobs that are right there.
Ms. Guillet expressed she thinks what this study bears out is if
your goal is to make a district that is primarily encompassed of target
industries, you need to have some policy that has some level of guidelines to
it, and she believes this is a very flexible policy. They have seen great success with it in that
corridor. She added Commissioner Carey’s
point is very well taken about being able to respond to unique circumstances
and unique situations, and this Board is able to do that because they can
always do a land use amendment to go to PD, for example. So, they are not tying their hands by
accepting or revising this particular policy.
Commissioner Henley pointed out that one of the things they
cannot do is to forget that the decisions they make here can have a significant
impact upon their school system that is already struggling. This also refers back to a comprehensive
study that was done several years ago having to do with what they are talking
about here, and it was called “How Shall We Grow,” which has not yet been fully
implemented. However, they have
implemented it here more so than in the surrounding counties. But, what happens in other counties impacts
this county, just as what they do here impacts others. So, they have to look at the big picture in
making the final decisions as to what the impacts are going to be. He said he believes, historically, they have
done a good job of that but they cannot lose sight of it. He added it is a very good report and he
appreciates the presentation.
Commissioner Dallari stated by planning as they did with the
HIP-TI district, it allows them to put the right infrastructure in for the
future so that it does not have to be put in after the fact. He said he thinks that is the key moving
forward, and he wants to make sure that when they do look at this around the
county, they need to also be looking at what is the right infrastructure that
needs to go in to support it.
Chairman Horan stated in regard to the next area where something
like this planning is going to be used, SR 417 south of Lake Jesup and the 434
corridor is mostly the City of Winter Springs; and they have put in an
improvement district there which was supposed to target commercial. What they are doing now, however, is mostly
residential. He said whether or not that
is going to develop, he does not know, but he thinks joint planning efforts
with the City of Winter Springs have not been fruitful in the past, but that is
probably something they might try. And
the entire corridor of SR 417 down to Orange County is probably an area they
should take a look at. He said he thinks
it is important to understand that these things are tools, they call them
plans, but they are actually tools that they use and apply based upon the facts
as they develop with a particular development, etc. He added Commissioner Carey brought up an
excellent point that it is hard to do a mixed-use development on seven or eight
acres, and there are not a lot of large tracts left. He is glad this Board is a zealous guardian
of their Class A office space because what would have happened had they not had
the space and the property where Verizon put up its building or the office for
Deloitte’s operation. He opined they are
appropriately using this as a tool and appropriately applying it to the
situations that come up; planning is planning and execution is execution. He added he knows the apartment market is
getting saturated and vacancy rates are relatively high in the newer
developments. He sees no reason given
that dynamic to give up their first class office space to apartment developers,
especially if they are in that HIP-TI area.
He thanked Messrs. Nelson and Goldstein for their presentation.
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Agenda
Item #3 – 2018-0511
Chairman Horan stated they were honored that Commissioner
Constantine was invited by the European Union to participate in the European
Union Water Management Study Tour. Commissioner
Constantine noted he has all the backup and technical materials, so if staff or
anyone sees something they might be able to use, he asked that they get in
touch with his office.
Commissioner
Constantine displayed photos (received and filed) and reviewed his presentation. He stated in the course of this event,
whether it is drainage, flooding, shoreline restoration, dredging, water
quality, water pollution, wastewater, forecasting, port administration and
planning, or maritime affairs and fisheries, it was an incredibly intense and
educational event and exchange of ideas.
He said he learned just as much from the Americans on the trip as he did
from the Europeans, and he now has 11 friends all over the United States that
he can get information from.
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Chairman Horan recessed the meeting at 10:50 a.m., reconvening
at 10:59 a.m. with all Commissioners and all other Officials, with the
exception of Commissioner Henley, who were present at the Opening Session.
COUNTY
MANAGER’S CONSENT AGENDA
Chairman
Horan announced that Item #22A in connection with the Educational System Impact Fee Vested Rights Process will be
presented during the afternoon session. Ms.
Guillet noted that is off the Regular Agenda.
She stated there is an addition to the Consent Agenda; Item #9A is the Collective
Bargaining Agreement between the County and the B-Unit of the Fire Department. Also, Item #22B is an add-on item for discussion
under the County Manager’s briefing.
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Motion by Commissioner Carey,
seconded by Commissioner Constantine, to authorize and approve the following:
Community Services
Community Services
Division
4. Approve and authorize the
Chairman to execute an Agreement with the Homeless Services Network (HSN) of
Central Florida for HUD Continuum of Care (CoC) Program Grant funds in the
amount of $35,457 to be used for housing stability case management services for
homeless households in Seminole County. (2018-0525)
Community Development Division
5. Approve and accept the
Neighborhood Stabilization Program Snapshot/Report for the month of December,
2017, pursuant to Seminole County Resolution No. 2013R61. (2018-0519)
6. Approve and authorize the
Chairman to execute the State Housing Initiatives Partnership (SHIP) Program
Annual Report and Local Housing Incentives Certification form for the revised
SHIP Annual Performance Report (APR) for Closeout of 2014-2015. (2018-0528)
Development Services
Building Division
7. Issue a determination that
the unoccupied building located at 1851 Shadyhill Terrace is a Public Nuisance,
and authorize the Building Official to: (a) serve a Notice of Determination,
pursuant to Sections 168.5 and 168.6, Seminole County Code; and (b) set a date
for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7,
Seminole County Code.
(2018-0463)
8. Issue
a determination
that the unoccupied building located at 2028 Alexander Avenue, Sanford, is a
Public Nuisance and authorize the Building Official to: (a) serve a Notice of Determination,
pursuant to Sections 168.5 and 168.6, Seminole County Code; and (b) set a date
for a "Show-Cause" public hearing, as prescribed in Sections
168.5-168.7, Seminole County Code. (2018-0464)
Planning & Development Division
9. Authorize staff to (1) Draft
an Ordinance amending the Seminole County Code of Ordinances, Chapter 20 -
Animals and Fowl, Part 4 - Backyard
Chicken Pilot Program, to become a permanent program; (2) Analyze the
possibility of allowing the program in Planned Development Zoning Districts;
and (3) Draft an Ordinance amending the Seminole County Land Development Code
to permit backyard chickens as part of the program within certain zoning
districts. (2018-0514)
Fire Department
9A. Approve and authorize Chairman to execute the
negotiated Collective Bargaining Agreement between Seminole County and
Bargaining Unit Local 3254 for Battalion Chiefs/B-Unit. (2018-0497)
Public Works
Engineering Division
10. Approve and authorize the Chairman to execute
a Settlement Agreement between Seminole County and Sausalito Shores Homeowners'
Association, Inc. in the amount of $6,132 for the construction of a concrete
privacy wall. (2018-0520)
Resource Management
Budget & Fiscal
Management Division
11. Approve submission of an Application to the
U.S. Department of Homeland Security, Federal Emergency Management Agency
(FEMA), through the FY 2017 Assistance to Firefighters Grant Program (AFG)
requesting up to $300,000; and authorize the County Manager to execute any
documents associated with the Grant Application. (2018-0512)
12. Approve and
authorize the Chairman to execute appropriate Resolution #2018-R-11 implementing
Budget Amendment Request (BAR) #18-020 in the amount of $1,234,906 through the
Economic Development Fund to carryforward the Job Growth Incentive (JGI) and
Qualified Target Industry (QTI) unexpended, previously approved project funds
from the FY 2016/17 Budget to the FY 2017/18 Budget. (2018-0476)
13. Approve and authorize the Chairman to execute appropriate Resolution
#2018-R-12 implementing Budget Amendment Request (BAR) #18-021 through various
funds in the amount of $11,612,428.75 to carry forward available grant balances
from FY 2016/17 to FY 2017/18. (2018-0516)
14. Approve and authorize the Chairman to execute
appropriate Resolution #2018-R-13 implementing Budget Amendment Request (BAR)
#18-023 through the 2014 Infrastructure Sales Tax Contingency to appropriate
budget of $35,000 from reserves for additional funding for SR 419 at Osprey
Trail (Soldiers Creek) Signal Project. (2018-0523)
15. Approve and authorize the Chairman to execute
appropriate Resolution #2018-R-14 implementing Budget Amendment Request (BAR)
#18-024 through the General Fund for the purchase of capital equipment in the
amount of $28,697. (2018-0521)
Purchasing & Contracts Division
16. Award RFP-602999-17/TLR, Supplemental Medical
Support Services Agreement, Special Needs Emergency Shelters, to JayKay Medical
Staffing, Tavares; and to All's Well Healthcare Services, Torrance, CA; and
authorize the Purchasing & Contracts Division to execute the (2) Agreements.
(Cost based upon usage during shelter
mobilization.) (2018-0488)
17. Award RFP-602974/17/BJC, JD Edwards Consulting
Services Agreement to Grant Thornton, LLP, Orlando; and authorize the
Purchasing & Contracts Division to execute the Agreement. (Estimated usage for the term of the agreement
is not-to-exceed $400,000.) (2018-0496)
18. Approve the Third Amendment to M-463-04/AJR,
Deferred Compensation Services Agreement, with Nationwide Retirement Solutions
(NRS); and authorize the Purchasing & Contracts Manager to execute the
Amendment. (This is an employee benefit
program and management fees are paid by participants.) (2018-0529)
19. Approve Sole Source Procurement SS-603048-18/GCM
for the Purchase of Badger Meters from Innovative Metering Solutions, Inc.,
Tampa Bay. (The Purchasing &
Contracts Division requests authorization to negotiate and execute Purchase
Orders on an as-needed basis; total estimated purchases up to $2,646,000.) (2018-0507)
Districts 1, 2, 3, and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Clerk
& Comptroller’s Office
Motion by Commissioner
Dallari, seconded by Commissioner Constantine, to approve the following:
20. Approve
Expenditure Approval Lists dated December 27, 2017 and January 2, 2018. (2018-0517)
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. Maintenance Bond
#SUR0035935 for water and sewer facilities in the amount of $44,608.38, and a
Rider issued on behalf of M/I Homes of Orlando LLC as Principal, for the
project known as Retreat at Oregon.
2. Maintenance Bond
#SU1130616 for right-of-way use permitting in the amount of $12,053.10, Taylor
Morrison of Florida as Principal, for the project known as Cedar Creek at Town
Center.
3. Maintenance Bond
#SU1147484 for roadway and storm in the amount of $20,170.26, Taylor Morrison
of Florida as Principal, for the project known as Steeple Chase 2B.
4. Conditional Utility
Agreement for water and sewer service with JPM AA Housing LLC, for the project
known as International Parkway Medical Center (FSER).
5. Conditional Utility
Agreement for water and sewer service with Von Companies II LLC, for the project
known as Von Company Office.
6. Bill of Sale accepting
the water and sewer systems within the project known as Retreat at Oregon.
7. Bill of Sale accepting
the water and sewer systems within the project known as Terracina at Lake
Forest outparcel (AutoZone and CareNow Urgent Care).
8. Closeout to Work Order
#20 to CC-0559-15 with Southland Construction, Inc.
9. Change Order #2 to
CC-1219-17 with Tyrell Enterprises, LLC.
10. Closeout to CC-1310-17 with Blackstreet
Enterprises LLC.
11. Work Order #1 to PS-1320-17 with Southeastern
Surveying and Mapping Corp.
12. Amendment #1 to Work Order #75 to PS-8148-12
with CDM Smith, Inc.
13. Amendment #1 to Work Order #80 to PS-8148-12
with CDM Smith, Inc.
14. Work Order #81 to PS-8148-12 with CDM Smith,
Inc.
15. Work Order #82 to PS-8148-12 with CDM Smith,
Inc.
16. Amendment #7 to Work Order #1 to RFP-8721-13
with VHB Miller Sellen.
17. Work Order #4 to PS-9464-14 with GAI
Consultants, Inc.
18. RFP-603003-17 Term Contract with Genset
Services, Inc.
19. Bids as follows:
RFP-602999-17 from Jaykay Medical
Staffing; All’s Well;
IFB-603005-17 from Vanguard Utility
Service, Inc.; Reed and Shows Meter Solutions, LLC;
CC-1430-17 from MCG Services, LLC;
Atlantic Civil Constructors Corp.; Schuller Contractors, Inc.; Stage Door II;
Gibbs & Register, Inc.; Huffman Inc. d/b/a NuWave Concrete; and
PS-1405-17 from AVCON, Inc.;
S&ME, Inc.
REGULAR
AGENDA
Agenda Item
#21 – 2018-0513
Kathy
Hammel, Planning & Development Division, addressed the Board to present a
request to consider an Administrative Adjustment for a 20% reduction in the
number of parking spaces for the multifamily units within the Allure on the
Parkway Planned Development. Ms. Hammel stated
Allure on the Parkway was approved as a mixed-use development in which they are
currently under review for development of the multifamily use. She advised the Land Development Code
requires 2 parking spaces per unit and the Applicant is requesting 1.6 parking
spaces per unit. Staff finds the request
is consistent with the Land Development Code criteria for granting an
Administrative Adjustment and recommends approval based upon conditions listed
in the staff report.
Commissioner
Carey commented that this is one of those examples of a small site in the
HIP-TI corridor with mixed use, but Seminole County’s code still has language
in there; they haven’t quite gotten their code where it needs to be for mixed
use, high intensity-type development because they still require two parking
spaces per unit. The ratio is higher
than five other examples that are used and higher than most other counties’
codes. She is asking staff to look at
this because as they look at some of the infill stuff, they really need to have
their code in place already so that people don’t have to come back and go
through the amendment process.
Commissioner
Henley re-entered the meeting at this time.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Item #21 and public input was closed.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to approve and authorize the Chairman to execute an
Administrative Adjustment for a 20% reduction in the number of parking spaces
for the multifamily units within the Allure on the Parkway Planned Development,
#17-06000011; Gregg Fusaro, Applicant.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Agenda Item
#22 – 2018-0534
Tom Tight,
Managing Director of Public Trust Advisors LLC, Orlando, addressed the Board
and advised that Public Trust provides investment advisory and management
services for public sector clients around the country. They have over $25 billion in assets under
advisement and under management. They
are all public sector clients and they are all focused on the same objectives
that are outlined in this County’s policy of safety and liquidity first. He noted they were engaged by the County at
the end of the year to provide investment advice and recommendations.
Mr. Tight
displayed a PowerPoint presentation (included in the Agenda Memorandum)
entitled Seminole County Portfolio Recommendations. Mr. Tight said he worked with County staff to
try to determine the County’s cash positions over time. They try to identify at what point the County
is at a low point in funds to determine a “core reserve” balance. He noted that historically, Seminole’s low
point with their investments is in November prior to the ad valorem monies
coming in. He then reviewed Investment
Portfolio Recommendations and stated they are proposing a 40/60 split meaning
40% of the County’s funds at any given time would be liquid and able to be
turned into cash immediately. Those
funds would be used throughout the year for their day-to-day expenses. A target of 60% of the portfolio would be
invested strategically along the yield curve adhering to the investment policy,
adhering to State statutes, and adhering to the Board’s risk tolerances, and
the Clerk’s risk tolerances as custodian of the funds. He added they would have ongoing
communication with everyone involved to determine whether that ratio is still
good and if it is, they can continue on and if it is not, they can make
adjustments over time. He said it really
is a communicative process that is necessary because things do change; cash
flows change, commissioners change, and risk tolerances change, so they need to
maintain that open communication to talk about the strategy. He noted that is their first high level
recommendation. Mr. Tight then reviewed
the remaining recommendations on the slide.
The Historical Performance bar
chart was displayed and Mr. Tight explained the chart shows the historical
performance of a number of various fixed income indices in the short part of
the yield curve. He stated they try to
determine, when they provide investment advice to their clients and to
prospects, how much money they need to have liquid to be comfortable and to be
able to pay their bills, and how much money could they potentially move out on
the yield curve safely to try to generate more income in the portfolio. Mr. Tight then reviewed the 1-3 Year Duration
Portfolio Summary and Strategy Holdings Summary followed by the same information
for the 1–5 year duration.
The Seminole County Indicative
Investment Allocation chart was displayed (received and filed). Mr. Tight stated this is the specific asset
allocation recommendation they would make.
He noted he has had conversations with some of the Board members and
also with the Clerk and his staff yesterday.
He said he talked about whether the Board is comfortable with $250
million (as the target balance) and whether there are any larger cash flows
that he is not aware of that could potentially impact the County in coming
years. He noted they would want to take
that into account because maybe $250 million is not enough cushion for them based
on plans that they have coming up. This
is something that will be discussed and talked about before their final
recommendation would be made. Mr. Tight
then discussed the Portfolio Comparison which compares Seminole County as of
12/31/17 with Pinellas and Hernando counties.
Mr. Tight concluded by stating the
County currently has $517 million and the asset allocation across the top of the
chart is as of 12/31/17. The recommended
allocation at the bottom of the chart is their recommendation as of today. The main difference would be taking money out
of some of the cash vehicles and implementing that one-to-three-year and one-to-five-year
strategy. He added he will also want to
talk about the banks; the banks are qualified public depositories (QPD) and they
have certain collateral requirements that they need to adhere to to be in that QPD
program. He stated it is his personal
view and it is his experience to maybe not have as much money in banks in the
QPD program because they are not guaranteed; they are certainly secured but not
guaranteed. He noted that is why you may
see, at the expense of some of those bank deposits, where most of that money to
fund the one-to-three-year and one-to-five-year strategies is coming from.
Commissioner Carey stated they have
a lot of five-year plans; they are all rolling and are in all different
departments. She said from a cash
projection standpoint, she thinks they need to see that all put together, a
rolling five-year cash projection. She
added $250 million sounds like a reasonable amount of cash to have. Certainly earning $1.2 million based upon the
analysis here is important especially if the additional homestead passes and
goes into effect next year. One thing
that is important to her is that they work with the Clerk to make sure that
everybody is comfortable. She
understands it is the Board’s policy and the Clerk’s job is to do the
investing, but she thinks it is important to continue to have the conversation
with everybody. Ms. Guillet opined that
probably the appropriate thing to do is to get feedback from the Board on the
presentation today and understand their level of comfort with the
concepts. Then they can have staff work
together with the investment advisor to ensure that all of the cash flow issues
are addressed and then bring back a recommendation to the Board at the next
meeting as to which direction they would like to go with respect to investment
directions. Commissioner Carey stated as
she understands it, the presentation they just had is based on their current
investment policy, within that framework.
Ms. Guillet noted that it absolutely is; they do want to double check
the cash flow issues, but other than that if the Board is comfortable, staff
will bring back a recommendation with respect to investment direction at a
future meeting. Commissioner Carey
reiterated that she would just like to see that rolling cash flow
analysis. Chairman Horan agreed saying
they do have to confirm the $250 million.
Chairman Horan asked in regard to
the analysis by Public Trust, how many years were analyzed, and Mr. Tight
replied it was looking back over three years.
He added he is not sure how Hurricane Irma impacted the County from a
cash standpoint, but they have a proprietary model that they can plug in and
not only look back to see where the low points are but also project
forward. They would want to take into
account one-time events like a storm or something unexpected and the potential
for that in the future. Pending the
Board’s approval, Mr. Tight indicated he is comfortable that there is enough
cushion there. There is about $100
million of cushion between the $250 million strategy, so essentially 50% of the
portfolio is either liquid or very close to being liquid at any given time.
Commissioner Dallari repeated
Commissioner Carey’s request in regard to making sure the rolling CIP is
covered to ensure they have enough cash.
He also stated he would like to see how the additional homestead
exemption would affect it.
Clerk of Court and Comptroller
Grant Maloy remarked that he appreciates working with Mr. Tight and said they
actually have $10 million in FLCLASS (Florida Cooperative Liquid Assets
Securities System) which is an investment pool that Public Trust manages and that
is overseen by Clerks and Tax Collectors.
He noted they work with other Clerks’ Offices and in fact they work
directly with the two counties, Pinellas and Hernando, shown in the Portfolio
Comparison.
Clerk Maloy stated the current
investments are following the investment policy, and Mr. Tight agreed. Clerk Maloy pointed out that they presented
some ideas to do a similar sort of thing last February, and said he is more
than happy to work on that path; right now they have been shifting money to
these high-paying QPD money markets, which are roughly in the same ballpark as
two-year treasury bonds. They are a
little bit lower now, but the nice thing is they are a dollar-per-dollar
value. In the past when they started
having this discussion, there was a lot of criticism over the book value loss
of the one treasury they have. Clerk
Maloy said if they are going to work together, and he would like to, there has
to be some assurance that they are going to do that, because if they start
shifting money in treasuries, there will be a lot of book value loss showing up
on these reports. In previous
conversations here, that has been pointed out to them like they are losing
money, but it is just the “nature of the beast” when you are investing in these
bonds. When the interest rates go up,
the book value goes down, which is why there was that book value loss on the
one treasury they have. He added though
that the one treasury is earning a lot of money and as they can see, the small
amount of securities they have are out-producing other counties. But that is the bulk of the reason why they
have shied away from going into these long-term securities and treasuries. Also, rate increases are predicted for 2018.
Clerk Maloy said he still contends
they should have a work session on this in the future and work together. He is more than happy to do that since this
is about advice and not taking over the responsibilities of the Clerk. He said he is happy to work with Public Trust
and noted the Clerk’s Office has an investment committee and he thinks the
Board could send a representative to that as they look at these
investments. He suggested the County
drop their lawsuit and move forward together because he really does not think
they are that far apart on their goals but that just better communication would
help out.
Clerk Maloy indicated that the last
slide shown, the asset allocation, is just taking a picture of one day, so that
is the peak level of investments. He
noted that number will drop by about $150 million. Mr. Tight responded that it is a snapshot in
time based on the $517 million portfolio.
They know that will change over time and the yields are going to
change. An additional 24 basis points
applied to whatever number, he thinks the average was $400 million, is $240,000
for every $100 million so roughly, potentially $1 million. Clerk Maloy pointed out that the County is
not going to earn $9.2 million with this plan, as indicated on the chart, and
the Clerk is not going to earn $7.9 million, because that balance will drop
substantially over the next year.
Chairman Horan asked whether their
investment policy addresses the issue of how much money should be in any one
institution. Mr. Tight replied that it
does. By security type, there are
certain percentages that you have to adhere to, and right now, they are in
compliance with all of these securities.
Chairman Horan pointed out the chart shows that right now, they have
almost $111 million in Bank United. Mr.
Tight explained it does not limit per issuer banks but it lumps that whole
position together. He said they can see
they have a large percentage in SBA/Florida Prime and their maximum allocation
to that is 30%; they are slightly under that.
He added he believes the bank exposure is 40% of the entire portfolio,
so that is where the Bank United, City National Bank, Florida Community Bank,
etc. would fall under that as permitted.
They could limit the 40% by saying they do not want “X” percent allowed
to be invested in any one bank. He noted
they see that a lot. For corporate and
municipal exposure, they limit individual names to no more than 5% of the
portfolio, so that concept could be applied to the banks if they wanted
to. Right now it is capped at the group
level.
Chairman Horan asked if the County
had any special relationship with Bank United or City National Bank and noted
they have over $200 million. Clerk Maloy
advised the main reason is because when they go out in the marketplace and look
for the best deals on the qualified public depositories, these have come
through with the best deals. They also
have agreed to raise these rates every time the federal rates go up. He added there are relationships with
SunTrust and Wells Fargo where they get certain breaks on other services and
fees, but the main reason is they look for the best deals. They continue to diversify that, and they
recently added Citizens Bank; who would take a maximum of $10 million. Also, he said they recently started doing
some CDs at 1.9% with Fidelity Bank; it is a one-year CD and that is a very
high rate. Clerk Maloy stated he agrees
that $100 million is a lot but noted Bank United has had balances as high as
$700 million with other government agencies; they are quite large banks that
specialize in this type of product.
Chairman Horan said the reason he asked the question is they have Bank
United with a yield of 1.6% and City National Bank with a yield of 1.61%, so
there are a couple hundred million in those two. Clerk Maloy noted the reason is that some of
the banks cap at how much the maximum can be.
Chairman Horan mentioned he is not sure what the limitation or the
deviation would be with Florida Community Bank.
The Clerk advised that some of those banks had been paying a lower
interest rate so they did not put as much money in those. Chairman Horan replied the chart shows they
are paying the same interest rate and Clerk Maloy explained that they are now
because Jenny Spencer, Director of the Comptroller’s Office, negotiated those
rates. He added before fed rates go up
now, Ms. Spencer already has the deals worked out to make sure they match the
25% basis increase.
-------
Agenda Item
#22A
The
request to approve a resolution in connection with the Educational System
Impact Fee Vested Rights Process has been moved to the afternoon session.
COUNTY
MANAGER AND STAFF BRIEFINGS
Agenda Item
#22B – 2018-0543
Ms.
Guillet stated they discussed a 30-day extension to the Rolling Hills contract
at the last meeting. She advised a copy
of the actual contract has been provided and they are asking for authorization
to execute that (copy received and filed).
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to approve and authorize the Chairman to
execute the Fifth Amendment to the Contract for Sale and Purchase of Land
between Rolling Hills Reserve, LLC and Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Horan recessed the meeting at 11:40 a.m.,
reconvening
at 1:30 p.m., with all Commissioners and all other Officials, with the
exception of Deputy Clerk Terri Porter who was replaced by Deputy Clerk Kyla
Spencer, who were present at the Opening Session.
REGULAR
AGENDA
Agenda Item
#22A – 2018-0540
Paul Chipok, Assistant County Attorney, addressed the Board to
present a request to approve a Resolution creating Section 30.30 of the
Seminole County Administrative Code designating the Educational System Impact
Fee Vested Rights Process, and Section 20.21 establishing the Required
Application Fee for this process. Mr. Chipok reviewed the item as outlined
in the Agenda Memorandum. He added the
policy specifically lays out the criteria and then delegates to the Development
Services Director the ability to grant vesting certificates if the criteria in
the Administrative Policy are met. An
appeal would be to the BCC.
Commissioner Carey asked if there was a fee
for an appeal. Mr. Chipok answered they
refer the appeal to Section 20.12 of the existing Code of Ordinances or Land
Development Code (LDC); and for those appeals, there is already a fee established
of $1,000. Commissioner Carey questioned
if they are making the appeal fee double the price of the application fee for
the vesting certificate, and Mr. Chipok responded he is just going by what is
already established as the fee for an appeal of a Development Director
determination. Commissioner Carey
commented that $1,000 seems a little excessive because the application fee for
the vesting certificate is only $500.
Chairman Horan asked if the Board wanted to lower it. Ms. Guillet stated it is a decision of the
Board as to what they think is appropriate.
She pointed out the appeal fee is just a generalized appeal of the
Director’s decision on a number of different things. Chairman Horan asked what the application fee
is for most of the things that may be denied, and Ms. Guillet answered some of
them are less than $500. She explained
part of the issue is to ensure that you don’t get frivolous appeals and there
is a bit of work involved with an appeal.
That being said, it’s the Board’s decision as to what they think is an
appropriate fee.
Commissioner Constantine asked how many
appeals they have a year. Ms. Guillet
answered she can’t recall the last time they brought an appeal to the
Board. Commissioner Constantine inquired
if they could quantify the price, and Ms. Guillet replied they could track the
price. Commissioner Constantine stated
he doesn’t want to arbitrarily change it because the Board is questioning
it. He would rather Ms. Guillet come
back with a recommendation from staff.
Ms. Guillet replied staff could take a look at it and bring it back as
an Administrative Code amendment at the next Board meeting. Chairman Horan asked if there was an appeal
from the alternative impact fee calculation.
Ms. Guillet answered she doesn’t recall.
Mr. Chipok asked for clarification.
Ms. Guillet explained when they make a determination on a request to
review an alternative impact fee determination, that is an appeal of the Deputy
County Manager’s decision and is not a common occurrence. Commissioner Dallari suggested they have
staff look at it and bring it to the next meeting, so the Board can have a good
feel for whether or not it is the right decision.
Commissioner Carey stated her other issue
is the ability to prepay. She explained
a scenario where a builder gets his vesting certificate, which is good for one
year, and has a three-phase project. He will be building 50 houses at a
time, but he has the money now to prepay for all 150 houses at the lower rate
even though he may not ever build them.
So they are already approved, t he
builder is phasing his construction, and he wants the benefit of the lower
impact fees. She asked what the prepayment ability would be in
that scenario. Mr. Chipok answered
currently , if he just came
in _%I1_and asked
for _%M1_pre pa yment, the_%P1_ answer would
be _%S1_no because
the_%V1_ time of
im_%Y1_pact fee
payment will be established
by _%a2_resolution, which will be coming back to the Board at a later date . He
explained the ordinance
pegs the
time for payment _%r1_as between
application of building permit
and _%{1_before pre pow er for
a C ertificate of
O_%…2_ccupancy for that particular per mit . In
the con text of an
a greement on
a _%—2_vesting certificate , the vesting certificate
will over ride the standard procedures in the ordinance. And again, if the Board
wants to warrant and agree that payment _%Ã1_can be made
in _%Æ2_bulk in a large project_%È1__%É1__%Ê1__%Ë1_ that meets
the vesting criteria, _%Ó1_that is
something that t he
Board _%Ø1_could consider
and _%Û2_specifically approve . However,
that would be under a particular a greement _%î1_on a case -by -case bas is.
Commissioner Henley
noted as presented right now, it doesn't prohibit an applicant from doing that
if he wanted to phase it. Mr. Chipok replied that's correct, but it would be under the specific vesting
certificate. Commissioner Carey stated she doesn't think they'd let them pay it in
advance because they haven't applied for the building permit yet. Her
question was regarding people
that are vesting because they are already in the queue of getting their
approval done; so if they
wanted to pay it in advance, would there be an opportunity for that.
Ms.
Guillet s tated if the Board
is going to give staff the authority, and specifically the department director,
to approve vesting agreements and t hey
want to allow a bulk advance payment, s he
would prefer that t he Board authorize that through the
vesting procedures. She asked _%_Mr. Chipok if there is something in the actual ordinance that
gives a certain window to pull a permit based on the determination and impact
fees. Mr. Chipok
explained there are several levels they are talking about. The
first level is somebody coming in for a building permit. Whe n they come in for the
building permit on a particular lot for an individual single-family home, they
would come in and make the building permit application. As
part of that building permit application process, they would receive an impact
fee determination letter that would establish the amount of impact fees that
they need to pay. That letter is good for 60
days. Within that 60 days they will need to pull a building
permit. Once they pull the building permit, the impact fee
stays with them for the life of that building permit. They have to pay the impact fee
during the life of that building permit.
The life of the building permit is to be established by the Board; be it
at the pulling of the building permit as the low end and the Certificate of Occupancy as the high end. That
will come back to the Board
at a separate hearing to determine by resolution.
Commissioner Dallari stated he was under the impression that there is a time for vesting
rights. Mr. Chipok responded he was explaining the very basic level of somebody just
coming in for a building permit. Co mmissioner Dallari
reiterated he was under the
impression that there is a
time for vesting rights, which he believes is 90 days. Mr.
Chipok explained if somebody enters into a vesting
certificate or wants to apply for a vesting certificate, they would need to
make application before the effective date of the new rates; and that day is April 10th. Commissioner
Dallari asked if that vesting
certificate is good for a year; and
Mr. _%_Chipok answered yes. He added they
would either need to pay the fee or pull a building permit.
Mr. Chipok explained the vesting
certificate is going to lay out the para meters of what they are vested for. The
vesting is only good for one year under the terms of the ordinance. At
this point in time, the presumption is that the building permit is the trigger
for assessment of the impact fees and payment of the impact fees. So
if it's a vesting certificate that is applicable to a single- family home project that is under
contract now bu t doesn't
plan to build until next October,
they are not going to be done
prior to the effect ive
date of the new im pact fee . T hey are not
ready to pull a
build i ng perm it,
but they are under contract.
They would get a vesting _(î1_certificate , and
the vesting _(ú1_certificate would d irect them to pull t heir
building permit within the
one year .
They pull it and
pay _)/1_the
current rate .
Mr. Chipok stated i_)41_n a situ ation
where it is a larger
project and they are dealing
with projects _)F1_that are
in_)I2_ the system but are at
si_)N1_te plan or
engineering and not ready
to pull individual lots , that is _)_1_a different
story; and the _)e1_parameters of that will be
worked out as to
whe_)r1_n they will
have to pay within that one year
and _)|1_what they
will have to pay .
Commissioner Carey opined if they meet all of the requirements
of the vesting _)ó1_cri teria , if they get
their letter but it's a
larger project and they are going to phase it, if they know how many lots there
are because they got their preliminary approval, and if they wanted to pay it all at one time at that rate
even though they are not going to pull their building permits until after the
fact but they're willing to put their cash up now, that is a value to the County because they would be earning interest off the
money.
Ms. Guillet stated that
used to happen a lot when people were trying to preserve capacity, so what Commissioner Carey
is talking about was not an un common
practice .
Ms. Guillet explained
she doesn't think that the
terms of the actual ordinance would
permit that because of the vesting period. If
somebody gets a vesting letter, that means whatever the price of the impact fee
was at the time of vesting, that price is good for one year. That impact fee determination is good for 60
days. A t the last meeting, it was decided that they would have the 90 days to get
vested and the price would be good for a year, and then they'd have another 60
days in order to keep that price valid because they would either pull a
building permit or get prepower inspection, whatever the trigger is that the Board decides. Ms. Guillet stated she doesn’t know that
under the terms of the way the agreement is written now, they could do that
unless they were ready to pull building permits or prepower or whatever the
trigger is at that time. Commissioner Carey s tated part of the argument they
heard about why there should be a vesting period was because there are people
that have contracts out there who have done their pro formas based on a certain
impact fee. Ms. Guillet
noted they went from two
years to one year because they wanted to narrow that window for them to be able
to stay under the current fee or whatever revised fee might happen down the
road. S he
reiterated she do esn't think the way the ord inance is
currently structured would allow them
to _,+1_pre pay
in advance if they weren't
going to be able to pull a building permit or get a prepower inspection, what ever t he ultimate trigger
is _,61_for payment of the fee within
that 60 days . They really get a year and 60
day_,F1_s t o
take ad vant age of
the_,L1_ old
fee_,O1_, t he
old rate .
Mr. Chipok s tated there is a Key West
case_,k1__,l1__#__,m1__,n1_ which _,o2_very clearly says that
there is no vest ed
right to an impact fee rate and that the Board_,z1_ has the
right to change the
impact fee rate at any time
up through building permit and
apply it to projects , ev en projects
that are in the works .
The Board ha s
made a policy decision to
allow some type of _,®2_vesting for
projects in the pipe line
because they think that is a fair situation
and _,À2_that
is within their discretion to do. The Key West
case also says that there is no legal
right to vesting . Mr.
Chipok also discussed a Lee Co unty
case and expl ained tha t case stands
for the proposition that ev en
though there is no
vest_,õ1_ed right to an impact fee rate , t he Board
cannot im pair an
existing contract_-)1_.
Commissioner Carey
asked if that refers to a contract for a developer to purchase a piece of
land or any contract, and Mr. Chipok
answered it does not
address that. It says that has to be determined on a case-by-case
basis based on the facts . So
with that , the vested
rights policy that the
Board has before them lays out
the situation where there is
a _-l1_specific contract and
they have la id out the parameters and if _-~1_they check
off _-1_all those
boxes , they will grant
them a vesting certificate . Then
there is the appeal decision if they don't grant it because they haven't, in
staff's determination, met the criteria.
Mr. Chipok advised B(2) is specifically regarding a contract and B(3) is
more in the nature of a grandfathering or an equitable estoppel- type argument where the County has made some type of
representation, they have relied on that representation, and they are showing
that they relied on it to their detriment and there is some type of
diminishment to them because they would not be able to use the old impact fee
rate. In that situation, that is criteria that they would
look at and establish. And again, if they are not meeting
those criteria, staff would deny the permit and they would have the right to
appeal it to the Board to
look at those equities and make the u ltimate
decision.
Commissioner Carey
stated anybody that has already been
through the process and
has _.H1_an approve d subdivision who is
in the middle of developing
it _.X1__.Y1_but hasn't pulled
a _.a2_building permit for
a _.g2_single lot will have to pay the higher rate
when they come pull the building permit.
Mr. Chipok commented that is correct. He
explained the impact
fees for the schools are not based on consistency, concurrency, or a SCALD letter; that's all dealing
with comprehensive planning to make sure other infrastructure is in place. The
impact fee is for when someone is putting a new house into the system and there
is an impact on the school system so they are paying their fair share of that
new house into the system.
Chairman Horan stated
it is really a matter of policy , and he suggested they make _/S1_t h at policy decision based upon
the _%_County Manager
getting back to the Board with a recommendation. Ms.
Guillet advised she is g oing to get back
to _/h1_the Board
regarding the appeal fe e. With
respect to the issue as to whether or not they want to let folks pre pay
in _/w2_bulk ,
that is a policy decision
w hich she
would prefer
to get clear direction on and confirmation that it is not in conflict with
the existing terms of the ordinance, otherwise they can amend the ordinance.
Commissioner Constantine advised he does
not see it as a big issue. If someb ody really
wanted to pre pay for a
hundred units , h e
thinks that is _/è1_something they might
want to talk about; but h e does not want to change
the_/ø2_ entire ordinance
for a presupposed
possibility that might happen. H e understands
why people would do that whe n t hey were
trying to con serve capaci ty , but that
is _0/1_not the sit uation today. He appreciates the issue coming up
from Commissioner Carey , but h e doe sn't see
it _0H1_as a
big _0K2_issue nor
a reason for t he Board to change the resolution for the ordinance that is in
front of t hem t oday. Commissioner Carey stated they a re really only talking about the people that are going
to come in to get vesting. Ms. Guillet
added people who want to
preserve the lower rate.
M r.
Chipok stated he receive d one email from Hal
K antor (received and filed)
who objected to Section B(2)(f) which establishes
the_0»1_ specific cri teria that staff would be reviewing the
impact fee under. Commissioner Dallari asked what
his objection was under the criteria. Commissioner Carey noted it is the _0×1_one that says, “Evidence that said contract specifically addressed the responsibility for payment of im pact fees ,
and the applicant can demonstrate that the assessment of
educational system impact fees under the rates effect ive on April
10th, 2018, will result in an immediate
diminishment in the val ue of
the subject contract _0ù1_to the ex ten t of rend ering it material ly devoid _1%1_to profit through a contracting party.” C hairman Horan confirmed with Mr. Chipok
that he tried to use the norm al type
of _131_definition of what constitutes an impairment of
contract. Mr. Chipok
s tated he
took that language from Hillsborough
County's ordinance , and that language is
mirrored in the County's
Administrative Code _1u2_policy . Ms.
Guillet stated she
actually thinks it is a more liberal
interpretation of the Lee County case than the actual pro visions of the Lee
County case. Her
recommend ation would be that the Board
leaves the language as is.
Kami Corbett, Foley & _%_Lardner, LLP,
addressed the Board and
stated the School _%_Board has
talked about the vesting issue
a _1ø1_lot;
and _1û1_t hey
actually had a separate work session with all of the School Board
members because when the School Board adopted the resolution, there was no contem plation _2@1_of any vesting whatsoever_2A3_; the
new im pact fee rate would take effect
90 days after the
effect ive date of the ordinance
as by statute. _%_All of the impact fee studies we re based on that assumption. T hey met individually
with each of the cities
to discuss whether or not
there was a point in time that t hey
could identify that would say if t hey've
gotten this far along in the process, t hey
should be eligible to have t heir
project grandfathered in. T hey could not come to a
consensus as to what that point in time might be, so that is why t hey said _2j2_they c ouldn't
find an equitable way to address that. M s. Corbett stated what C ounty
staff proposed in the alternative was acceptable to the _%_School Board
in terms of limiting the scope to a period of one year and just having that
one-year grace period. If they do what Commissioner Carey suggests, they are
effectively letting a subdivision that might
not_2ë1_ develop for over 10 ye ars
get_3#1_ a 10-year vesting to today's impact fee
rate. That is significantly detrimental to the School Board because not only are t hey getting less t han what
t hey anticipated
for the year and the study period, in each sub se quent
stud_3C1_y period
t hey will be
behind because _3J1_there will be children who will be impacting the
system f ive or six years
from now who will be paying the same a s
someone that was im pacting _3^1_now ev en if the cost
to provide that student a student station is significantly greater . She
advised that is why the School
Board has not supported
long-term vesting.
Ms. Corbett stated multifamily
developers made a case in the last hearing that was pretty compelling with
respect to the size of the ir project and
the significant impact
within the year. So
if someone was going to
have a million dollar
impact to t heir bottom
line , that is pretty
compelling. To say
that over ten years they
had an expectation that they were going to pay the
same im pact fee as
it is today , that's a
less com pelling arg ument .
S he ask ed that _3ú1_the Board
support staff's
recommendation and
advised the School Board is in agreement with what staff is suggesting because they think it is fair and
equit able .
Commissioner Carey stated she isn't making a
suggestion , she is thinking about it as the
develop er community might
think about it . She
was just wondering if there was an opportunity to prepay and how that would
work. Chairman _%_Horan opined maybe that is why the
inclination would be to not
allow pre_4s3_payment because
it is very difficult to try
to define how it would _41_work . He
stated he noticed in Mr. K ant o r 's
e ma il
that the first point he
raises is that in 45 years, he has never
seen the issue of who pays the impact fees addressed in a contract for purchase
and sale. He asked Mr.
Chipok if that point was addressed in the case he
used for the language. Mr. Chipok answered yes and noted that the language is verbatim
from the Hillsborough County ordinance. Ms.
Porter-Carlton stated the language
in the L ee Count y case is
more extensive in that
if _501_the
Court _522_determined that the ordinance would result in
an immediate diminishment
in value of the contract, that "retroactively turns otherwise profitable
contracts into losing propositions," then it would be, per se,
unconstitutional. Chairman Horan asked if they use "materially devoid of
profit," and Ms. Porter-Carlton answered no. She
noted that is the language in the Co unty's proposed vested rights
determination.
Motion by Commissioner Constantine
to adopt a Resolution creating Section 30.30 of the Seminole County
Administrative Code designating the Educational System Impact Fee Vested Rights
Process, and Section 20.21 establishing the Required Application Fee for this process.
Chairman Horan stated the motion failed for lack of a second and
asked if someone wants to amend the motion in some way. Mr. Chipok noted some minor clerical changes
(received and filed) that Chairman Horan had made for clarity sake in a meeting
yesterday, and advised the changes do not address the context or the impact of
the ordinance or administrative policy.
Chairman Horan confirmed none of the changes were substantive.
Chairman Horan asked if the Board wanted to
“cook” this item a little more. Ms.
Guillet stated her only concern with doing so is that there is a very small
window for folks to submit their applications for vesting, which is why staff
rushed this item onto the agenda. That
being said, she advised she is not asking the Board to pass something that they
are not comfortable with. Commissioner
Carey stated the County doesn’t care if the contracts are profitable or not, so
she doesn’t know why they would use that language. Ms. Porter-Carlton advised she isn’t
suggesting they put that language in.
She clarified i n
regards to Mr. K antor's comment, the language in
the County's proposed Admin Code section is less restrictive than what was in the
case. Chairman Ho ran stated in other words, Mr. Kantor is misquoting the case, not the County. The language _6Æ1_that they have in their ordinance is correct.
Ms. Guillet added t his
is more forgiving than
what was held by
the Court in the Lee Count y case .
Chairman Horan suggested they pass the
resolution as it stands. He reminded the
Board they always have the opportunity to go back and make some technical
corrections when they have a measured mile of usage. Commissioner Constantine replied that is the
reason he made the motion because they can change it in the future if there is
a problem. They do have a timeframe that
they want to be able to get out there; and if there is something that they need
to change, they can do that later. Staff
is going to be looking at it and has been given direction, so he doesn’t see a
problem approving it today.
Motion by Commissioner Constantine
to adopt a Resolution creating Section 30.30 of the Seminole County
Administrative Code designating the Educational System Impact Fee Vested Rights
Process, and Section 20.21 establishing the Required Application Fee for this
process.
Motion
died for lack of a second.
Commissioner
She
advised if nobody else wants to second the motion, the _%_Chairman can always pass the gavel and second a
motion.
Motion by Commissioner Constantine,
seconded by Commissioner Henley, to adopt appropriate Resolution #2018-R-15
creating Section 30.30 of the Seminole County Administrative Code designating
the Educational System Impact Fee Vested Rights Process, and Section 20.21
establishing the Required Application Fee for this process (with clerical
changes).
Chairman Horan stated the motion has been
made and seconded with the caveat that the County Manager is going to get a
recommendation to the Board regarding the fee for an appeal. Commissioner Dallari advised he did not vote in favor of the impact fees but he feels that this is the process
of paying the impact fees and vesting them, and that is the only reason why he is supporting it even though he did not support the approval of the
impact fee schedule.
Districts 1, 2, 3, 4 and 5 voted AYE.
For clarification, _%_Mr. Chipok
asked if that motion includes the non-substantive wording changes. Commissioner
Constantine advised the
motion includes the clerical changes.
PROOFS OF PUBLICATION
Motion
by Commissioner Carey, seconded by Commissioner Henley, to authorize the filing
of the proofs of publication for this meeting's scheduled public hearings into
the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
Nuisance Abatement
96 Spring Street, Altamonte Springs
Agenda Item #23 – 2018-0465
Proof of publication calling for a public
hearing to consider adoption of a Resolution issuing an Order to declare the
existence of a Public Nuisance at 96 Spring Street, Altamonte Springs; to
require corrective action by March 24, 2018; and to authorize necessary
corrective action by the County in the event the nuisance is not abated by the
record owner, received and filed.
Jodi Doyle, Building Division, addressed
the Board to present the item as outlined in the Agenda Memorandum. She stated staff recommends approval and
noted Building Official Paul Watson is available for questions.
Ralphael Quinn, 598 Calibre Crest Parkway,
addressed the Board and stated contrary to Ms. Doyle’s presentation, he never
received any notices in 2004. The first
notice he received regarding the County’s concern for the property was December
4, 2017. He indicated there is a huge
fine on the property which was not to his notice. Mr. Quinn advised the property was actually
forgotten about; but after he received the notice, he had some time to figure
out what resources he had to do the corrective actions. He came up with selling the property to Vault
Ventures, LLC, which is a company that buys houses that are in similar
condition to Mr. Quinn’s property and rehabilitates them. Mr. Quinn stated the closing date is February
20th, and they are going to start pulling permits shortly thereafter. He noted County staff has done some temporary
provisions as far as making the house safe.
Commissioner Carey asked if the buyer has
indicated how long it will take them to do the rehabilitation. Mr. Quinn answered they did not provide a
timeframe, but he can certainly get that information for the Board. He opined companies like Vault Ventures, LLC
typically are in it for a profit and work as quickly as possible to flip a
house. Commissioner Carey stated if they
required corrective action by the end of May, that would give them 30 days to
get their permits pulled and 90 days to do the work.
Mr. Quinn pointed out the fine is just
south of $600,000, which is extensive because the property isn’t worth a
quarter of that. He proposed that the
Board remove the fines or lessen them due to the fact that the property will be
rehabilitated. Chairman Horan explained
that is a different process and they have gone past that where they are
actually declaring it a nuisance, so that can’t be addressed in this
process. Mr. Quinn asked who he
addresses that issue with; and Ms. Guillet explained there is a process for
pursuing a reduction of fine, but the County’s policy is not to consider fine
reductions until the property is in compliance.
Commissioner Henley asked if the buyer is
aware of the circumstances that may occur here today, and Mr. Quinn answered
yes. The Commissioner asked if action by
the Board would prevent Mr. Quinn from closing on the 20th of February, and Mr.
Quinn indicated it would not.
Commissioner Henley asked what guarantee Mr. Quinn has that the buyer is
going to want to rehabilitate the property.
Mr. Quinn stated he doesn’t have a guarantee. Commissioner Henley stated if the Board
passes staff’s recommendation and he closes on the 20th, that would relieve Mr.
Quinn of any responsibility and then the Board would have to deal with the new
owners. Ms. Porter-Carlton commented
that is correct and they would have to give notice to the new owner. Commissioner Dallari stated that is
contingent on their closing.
Commissioner Carey commented when the title work comes back and the lien
shows up for $600,000, odds are they are not closing because the value of the
house isn’t anywhere near that. Chairman
Horan confirmed with Mr. Quinn that the buyer is aware of the lien. Upon the request of Chairman Horan, Mr. Quinn
submitted his Contract for Sale and Purchase with Vault Ventures, LLC.
(received and filed).
Mr. Chipok indicated under Chapter 162,
Code Enforcement Liens, when they file a lien against a property for Code
Enforcement corrective action, the lien goes against the person individually
and against their property even if he sells the property. The nature of the lien as the statute is
written says it runs against the person, the property, and any other property
that the person owns within the county.
So even if he sells the property, the lien could still be attaching to
other properties that he owns in the county.
Ms. Porter-Carlton stated the reason she gave her response was because
she understood Commissioner Henley’s question to be if the Board took the
action that staff is recommending today about declaring it a nuisance; she was
not addressing the Code Enforcement fine.
The Code Enforcement lien would attach to the property or any other
property that Mr. Quinn owns. She
interpreted Commissioner Henley’s question to relate to the action at hand here
today, the staff recommendation.
Chairman Horan clarified the lien stays with the property and also
follows the individual.
Commissioner Carey confirmed with Ms.
Porter-Carlton if Mr. Quinn sells this property and the lien is not paid, the
lien will also attach to any other property that he owns in the county. Ms. Porter-Carlton indicated it would have
attached already. It would have attached
at the moment that the CEB lien was recorded in the public records. Commissioner Carey stated if the lien is not
resolved as part of closing, it is going to attach to whatever other properties
Mr. Quinn owns. Mr. Quinn asked if he
has property A, B, and C, is the lien collectively on all three properties or
is it that if he sells property A, it goes away from A and just attaches to B
and C. Ms. Guillet replied it is still
attached to A. Ms. Porter-Carlton noted
it is attached to all of the properties.
With regard to public participation, no one
in the audience spoke in support or in opposition to Item #23 and public input
was closed.
Motion
by Commissioner Henley, seconded by Commissioner Constantine, to adopt appropriate Resolution #2018-R-16 issuing an
Order to declare the existence of a Public Nuisance at 96 Spring Street,
Altamonte Springs, Parcel #12-21-29-5BD-1100-0030; to require corrective action
by March 24, 2018; and to authorize necessary corrective action by the County
in the event the nuisance is not abated by the record owners, as described in
the proof of publication.
Commissioner Dallari asked if Commissioner
Henley wants to give more time since the property is supposedly changing hands
February 20th. Commissioner Henley
stated he has no objection if Commissioner Dallari has a specific time. Commissioner Dallari suggested April
24th.
Commissioner Henley amended the motion to require corrective action by April 24th. Commissioner Constantine agreed to the amendment.
Districts 1, 2, 3, 4 and 5
voted AYE.
CREEK ROAD RIGHT-OF-WAY VACATE/
MPV SBR SANFORD, LLC
Agenda Item #25 – 2018-0477
Proof of publication calling for a public
hearing to consider adoption of a Resolution vacating and abandoning an uncut
portion of a public right-of-way known as Creek Road, as recorded in Plat Book
1, Page 86, in the Public Records of Seminole County, for property located on
the south side of SR 46, approximately 300 feet west of Central Park Drive, MPV
SBR Sanford, LLC, received and filed.
Matt Davidson, Planning & Development, addressed the Board and
presented the item as outlined in the Agenda Memorandum. Mr. Davidson pointed out the request complies
with the requirements for vacating a right-of-way under Section 35.184 of the
LDC and noted staff recommends approval.
Randy Morris, RM Strategies, Inc., 323 West
Trotters Drive, addressed the Board and stated this is a future annexation into
the city of Sanford and he has briefly talked to the district
Commissioner. He noted this is on the
south side of SR 46 and agrees with the recommendations that were made to the
Board.
With regard to public participation, no one
in the audience spoke in support or in opposition to Item #25 and public input
was closed.
Motion
by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate
Resolution #2018-R-17 vacating and abandoning an uncut portion of a public
right-of-way known as Creek Road, as recorded in Plat Book 1, Page 86, in the
Public Records of Seminole County, for property located on the south side of SR
46, approximately 300 feet west of Central Park Drive, as described in the
proof of publication; MVP SBR Sanford, LLC, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
WATER SUPPLY FACILITIES WORK PLAN PROPOSED AMENDMENTS
TO THE TEXT OF THE SEMINOLE COUNTY
COMPREHENSIVE PLAN
Agenda Item #24 – 2018-0515
Proof of publication calling for a public
hearing to consider adoption of proposed amendments to the text of the Potable
Water, Conservation, and Capital Improvement Elements of the Seminole County
Comprehensive Plan to implement the 2017 10-Year Water Supply Facilities Work
Plan, received and filed.
Bill Wharton, Planning & Development,
addressed the Board and presented the Item as outlined in the Agenda
Memorandum. He stated at the November
14th meeting when the Board approved the transmittal, there was a lot of good
citizen input regarding the issue. A lot
of that discussion dealt with the process and the programs the county has, but
the implementation of the policies themselves didn’t address changing any of
the policies. Because there were no
objections from any of the reviewing agencies, there are no changes to the Plan
or the Work Program that the Board saw in November. Staff requests that the Board approve and
adopt the proposed amendments.
Gabrielle
Milch, 252 Coble Drive, addressed the Board and stated she is very appreciative
of all of the considerations that staff has given to the citizens who are
concerned about water conservation in the county. She would like to think they can develop more
sustainable solutions that will help the county’s water and energy in the
future. She discussed the rate structure
and indicated she would like to see that changed in the near future. She asked if the Soil and Water Conservation
Board is made up of elected officials, and the Board responded in the
affirmative. Ms. Milch asked why they
aren’t involved in any of this, and Chairman Horan explained the Soil and Water
Conservation Board is a State-created agency.
The County doesn’t fund them.
They are supposed to be funded by the State but nobody funds them, and
that is why a lot of times they are not as involved as they would like to be.
Speaker Request Form was received and
filed.
Commissioner Constantine stated at the last
meeting the Board asked Ms. Milch to work with staff and he was hoping that
would be a continuing thing which includes discussions regarding the rate
structure because it is a smart idea for those that are conserving water to be
rewarded and those that are using too much water to pay a penalty. He would like to see them continue to work
together and potentially bring back a recommendation on that rate
structure. Commissioner Carey stated bonds
and things like that all come into play when they start looking at that, so it
makes it a little more complicated. They
have talked about looking at landscape requirements in the LDC and they made
some minor changes, but she would like staff to take a serious look at that
because the County requires people to plant lush landscaping that has to be
watered in order for it to look good.
She stated they need to help be part of the solution by taking a closer
look at the LDC requirements and get down to a Florida-friendly landscape code
instead of the lush landscape. Ms.
Guillet stated staff will take a look.
They do require Florida-friendly plantings, but they will go back and
see if there are some things they can work on; and they can work with Ms. Milch
on that.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance
#2018-4 amending the text of the Potable Water, Conservation, and Capital
Improvement Elements of the Seminole County Comprehensive Plan to implement the
2017 10-Year Water Supply Facilities Work Plan, as described in the proof of
publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE UPDATE
Meloney Lung, Assistant County Manager,
addressed the Board to present the Legislative Update. She stated as of this morning, there were
over 3,000 bills filed and 1,300 of those were appropriation requests. The County’s two requests are in. She advised HB 2641 is the CAD appropriation
request that was filed by Representative Jason Brodeur, and it passed in the Government
Operations and Technology Appropriation Subcommittee in December. Senator David Simmons is supporting
that. The DJJ appropriation request is
HB 2839, and that was filed by Representative Robert Cortez. It is now in the Judiciary Committee and may
be heard as early as this Thursday.
Ms. Lung indicated late Friday she learned
there may be some additional funding available for some type of fire
projects. She quickly contacted Senator
Simmons’ office who sent her forms and she completed two of them. One form was for a $4 million request for
Fire Station #39 at Yankee Lake for design and construction, and the second
form was for a $1.5 million request for a tower truck. She confirmed with Senator Simmons’ office
that they have both forms and she will keep the Board informed if it goes
anywhere.
Ms. Lung stated their first priority this
year was to oppose any legislation that might affect home rule, and there are
many bills that are trying to do that from transparency requirements to
restricting local governments. She is
following those and working with the County’s lobbyist. Representative Cortez is on the Select
Committee on Hurricane Response and Preparedness, and he has been very vocal on
asking to have utilities restored to the nursing homes and ALFs and so forth as
a priority, which seems to be moving forward.
In regard to Constitutional Revision
Commission Proposal 95, Ms. Lung explained that is another sweeping
constitutional preemption to local governments.
Some of the specific areas of concern would be for zoning, animal
control, tree protection, traffic flows, human rights ordinances, pill mill
ordinances, and many others. It is very
broad. She will be working with FAC on
that and with the Board if they have any comments. She isn’t sure how many of those will go
forward, but this one will be heard this Friday in the Local Government
Committee.
Commissioner Constantine stated
Representative Cortez is trying to waive impact fees for affordable
housing. He opined that is a concern not
only for the County but statewide. That
is another issue they need to follow and make Representative Cortez aware of
because that would be an extreme violation of home rule. Ms. Lung agreed and indicated somebody had
talked to their lobbyist and they are trying to get him to agree to the word
“may,” so it “may be waived.” Commissioner
Constantine noted they can do that now.
It wouldn’t give the County the ability, it would tell them they had
to. Ms. Lung assured she has been
talking with their lobbyist in regard to that, and her understanding is he has
spoken to Representative Cortez.
Commissioner Henley asked if Ms. Lung has
seen the bill that has been filed dealing with payday loan regulations. Ms. Lung answered she doesn’t recall that
one. Commissioner Henley explained in
2000, the Board adopted regulations to regulate payday loans with a maximum of
18% interest because at that time they had examples of people who were paying
300% interest. The Board had an
ordinance drawn up, and there were many people opposing the Board adopting
those regulations, but the Board did it anyway.
A year or so after that, the State adopted some regulations and that
bill is being messed with, so he would like staff to look at that and see what
changes are being proposed and instruct their lobbyist to oppose it because the
County needs to protect their citizens.
Commissioner Henley suggested if they are going to lessen or weaken that
bill, the County ought to address it.
Ms. Lung replied she would be happy to.
Commissioner Constantine pointed out that
that bill has not been touched for 17 years.
That bill gave the borrower 30 days to repay, it had a loan limit of
$500, the borrower had to go into consumer counseling, there was no rollovers,
and there was actually a database, all of which has become the model for the
rest of the United States. What they are
trying to do right now is very problematic.
They are trying to extend repayment from 30 days to 90 days, give the
borrower the ability to pay over a course of time so it’s essentially putting
rollovers back in, the limit is going from $500 to $1,000 so it is drawing the
borrower in to owe more, and all of those things are unfortunately being
supported by the industry that blossomed over the last 17 years using the
particular payday loan. He opined you
have to have the restrictions so you don’t have the 2,000% interest as you
compound it. Commissioner Constantine
stated hopefully it is not going to go anywhere but it is still something the
Board should be concerned about because it affects their citizens.
Ms. Guillet stated staff will monitor and
brief each of the Commissioners with the specifics of the bill and alert their
lobbyist of their concerns.
Chairman Horan stated he sent around a
proposal that went in front of the Constitutional Revision Commission. There are a number of different proposals
that have been made that challenge the powers of the governing body of local
government. He noted FAC is following
them quite closely. Because the process
is only done once every 20 years, they don’t have experience with what may
happen; and just like the Legislature, they probably won’t know until the last
minute so it’s hard to determine.
Chairman Horan added that several of those bills that are particularly
problematic that deal with Constitutional Officers’ relationships with local
governments have made it through several committees, so at the present time
it’s not looking all that good with regard to local government and the powers
of the governing bodies. Commissioner
Constantine opined they might want to just see it pass and go before the people
for them to say that they prefer local government. He explained on every survey, local
government gets higher recognition and people feel more comfortable with local
government than they do with State and Federal government. Chairman Horan stated what is strange about
the Constitutional Officer situation is that it’s local government against
local government. Commissioner
Constantine advised he is referring to HB 95 that is going against local
government. Chairman Horan opined
virtually anything that a local governing body would do might have an effect
outside the territorial limits of the County, so he doesn’t know how something
like that would be implemented. He
confirmed with Ms. Lung that there is going to be a hearing on it Friday. Chairman Horan noted that bill is being
proposed by Senator Tom Lee.
DISTRICT REPORTS
District 1
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to reappoint Tim
Slattery to the Oviedo CRA for a two-year term beginning March 2018; David Axel
to the Oviedo CRA for a two-year term beginning March 2018; and appoint Taylor
Pancake to the SCOPA Board for an unexpired term through January 1, 2021; and
adopt appropriate Resolution #2018-R-18 of appreciation to Thomas Kuhn for
serving on the SCOPA Board since 2004.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Dallari stated he spoke recently
about traffic-calming devices in and around the County, and he has not received
an update from staff on that topic. He
would like to get an update in the near future.
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Commissioner Dallari announced he will not
be present at the February 13th BCC meeting.
He will be in Washington, D.C. for the National MPO meeting. He asked the Board if there was anything they
would like for him to address with their federal lobbyists. Commissioner Carey requested that he talk to
them about Beyond the Ultimate funding for I-4, and Commissioner Constantine
suggested funding for the next phase of SunRail.
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Commissioner Dallari’s ex parte
communication was received and filed.
District 3
Commissioner Constantine stated he was at
the Central Florida MPO Alliance with Chairman Horan, and they talked about a DOT study concerning the rest
stops. He announced there will be a
hearing on February 23rd at
their headquarters at South Semoran from 10:00 a.m. to 12:00 p.m. with _NS3_stakeholders.
He believes they are starting _N½1_to make
at _NÀ1_least some
prog ress on what they need
when it comes to truck stops/rest areas in all of the _%_Central Florida
area, and hopefully that would mean that S eminole Co unty's will be eliminated. Commissioner Carey asked if he will be
attending that meeting, and Commissioner Constantine answered he hadn’t planned
on it but he knows the county’s citizens are going to be there.
Commissioner Carey discussed a community
who has a beltway being built in an effort to get big trucks to go around
instead of through the heart of their town.
They had some discounted tolls or toll abatement for the trucks and they
were able to go to the exterior perimeters and build facilities for them
because they are in a relatively undeveloped area. She encouraged that idea to be something
MetroPlan considers or at least talks about because she believes truckers use
I-4 instead of the toll roads to avoid paying tolls. Commissioner Dallari indicated he would bring
that issue up as well.
Commissioner Constantine stated Volusia
County, who did not want truck stop areas, has just approved something near the
LPGA Boulevard called Buc-ee’s. It has
100 gas outlets and is kind of like a “South of the Border” stop, but they are
not allowing trucks. Chairman Horan
pointed out this is a facility that is being developed as a mega rest stop in a
County that didn’t want a rest stop.
Commissioner Carey indicated it is in the city of Daytona Beach.
Regarding the meeting on the 23rd,
Commissioner Constantine stated he hasn’t thought that far in advance but it
probably would be good for someone to be there; and Chairman Horan indicated he
has it on his calendar.
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Motion
by Commissioner Constantine, seconded by Commissioner Carey, to appoint Jeffrey
Wines to the Contractor Examiners Board to a one-year term ending January 2019;
and adopt appropriate Resolution #2018-R-19 thanking Dan Shaw for his service
on the Contractor Examiners Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
District 5
Commissioner Carey announced the Seminole
State College Lake Mary/Sanford Campus Student Center Dedication Ceremony took
place last Friday and it went very well.
It was great to see that the students finally have a good place to get
assistance at the college.
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Commissioner Carey brought up a piece of
property that has come to her attention.
It is a 30-acre parcel on the borders of Seminole and Orange County,
bisected by the Little Econ. She opined
it is a fabulous piece of property with a lot of history, and she has a report
about it in her office and so does the County Manager. Commissioner Carey stated she has been
approached to ask if there is any way that the County would have an interest in
helping the region acquire it. Orange
County is looking at trying to acquire it with some State funding, and they are
now going to the Legislature to try to get some additional funding allocated so
that they can afford to acquire and preserve it. The Little Econ is a very important part of
the county’s water supply and water quality issues, so if the Board would like
to see the parcel, she is sure they could set up a tour. Commissioner Carey believes staff has already
been out there, and it’s clearly a piece of property that is worth
preserving. Because of the way their
rules are structured, it’s not something that the County can invest their money
into; but it would definitely be something that many of the residents of the
county would enjoy.
She indicated she would like the Board to
pass a resolution of support or have the Chairman write a letter of support for
their legislators to try to help find some funding to make that happen between
the State and Orange County. Commissioner
Dallari stated he thinks a letter would be appropriate. Commissioner Henley indicated he would
support a letter in regard to that.
Chairman Horan stated by unanimous consent, they will get a
letter ready for his signature.
Commissioner Carey advised that Ms. Guillet has the report, so she can
craft the detailed benefits of it from all of the information in the report
that really lays it all out as to why this is an important piece to
preserve. Commissioner Constantine
suggested in the letter that they make both the DEP and the ARC (Acquisition
and Restoration Council) Committee of Florida Forever aware of this property to
get it potentially on the list. For the
first time in a long time, it looks like the Legislature is going to pass money
in the Florida Forever program, over $100 million. There is a backlog but the first part is to
get it on the list. Commissioner Carey
stated any agency willing to co-fund it should be copied on the letter of
support.
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Commissioner Carey’s ex parte communication
was received and filed.
District 4
Commissioner Henley stated at the Seminole
County Port Authority (SCOPA) Board meeting, Chairman Mike McLean was not
reappointed; therefore, it created an opening.
They elected new officers for 2017/2018 as follows: Matthew Criswell, chairman; Cliff Miller,
vice chairman; Dana McBroom, treasurer; and Michael Caraway, secretary. He noted SCOPA received a clean report from
their auditor and discussed Phase 1 of SCOPA’s drainage project, which they
expect to be completed in early March.
Commissioner Henley advised Mr. Van Gaale,
SCOPA Administrator, reported he was returning home from a charity golf event
when he was rear-ended in a SCOPA vehicle.
He was checked out and had no ill effects from the accident. He reported he had to have the car towed to
SCOPA’s storage, and it’s in the hands of the two insurance companies.
Commissioner Henley added things are moving
along pretty well at the port and the work that has been done thus far on the
drainage project has certainly been helpful, so he is looking forward to being
able to complete Phase 1 and move on to Phase 2. Commissioner Carey stated they had a
community meeting with the people surrounding the port and nobody could do
anything because the water was so high and that’s why the port project was
stopped. She asked that staff follow up
on what the next steps are so they can let the folks out there know. Chairman Horan asked who did the drainage
work, and Commissioner Carey answered CPH, Inc.
District 2
Chairman Horan announced they had another
fabulous Scottish Highlands Games in Winter Springs this year. He had an
opportunity to speak with the manager of the Hilton Hotel and the manager of
the Lake Mary Marriott. Between the
women’s field hockey and the Scottish Highlands Games, there was not a hotel
room to be had in Seminole County.
CHAIRMAN’S REPORT
Chairman Horan stated as part of the study
that Commissioner Constantine referenced, they have done an inventory of the
designated parking spaces in DOT District 5.
There are 1,940 designated truck spaces.
The problem is where are they and what highways are they on. There is a rest area in Polk County that
always has spots open primarily because there is a facility not too far away on
a collector road that feeds into I-4, so that is where all the truckers
are. He explained the particular rest
stop in Seminole County is overburdened because of its location, and they
really need something that is closer to Orlando. Commissioner Constantine noted out of the
1,940, almost 1,300 are privately owned.
Chairman Horan advised that all of the reports that were given at the
Central Florida Alliance meeting are available online.
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Chairman Horan discussed the BCC meeting
schedule for this year. He reminded that
the Board commonly has one meeting in July, one meeting in November and one
meeting in December. He suggested that
they modify their October schedule because they have two commissioners who may
not be able to attend one of the meetings in October. Discussion ensued regarding modifying the BCC
meeting schedule. The Board decided not
to modify the October meeting schedule at this time. Chairman Horan announced the July BCC meeting
will be on the 24th, the November meeting will be on the 13th, and the December
meeting will be on the 11th.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1. Memorandum dated January 16, 2018, from Chairman Horan to Joe
Abel, Leisure Services Director, advising that Commissioner Constantine will
continue to serve as the liaison representative to the Seminole County
Historical Commission. Chairman Horan
will serve as the alternate representative.
2. Memorandum dated January 16, 2018, from Chairman Horan to Bill Telkamp,
Risk Manager, advising that Commissioners Robert Dallari and Lee Constantine
and the Chairman will serve as the liaison representatives to the Seminole
County Risk Management Executive Council.
Commissioner Brenda Carey will serve as the alternate representative.
3. Letter dated January 16, 2018, from Chairman Horan to Pam Nabors,
President and CEO, advising that the Seminole County Board of County
Commissioners nominated David Sprinkle to a Private Sector Seat and Dr. John
Gyllin to a Public Seat on the CareerSource Central Florida Board of Directors.
4. Letter dated January 16, 2018, from Chairman Horan to Harry
Barley, Executive Director, advising that Commissioners Robert Dallari and Lee
Constantine will continue to serve as the liaison representatives to the
MetroPlan Orlando Board. Chairman Horan
will serve as the alternate representative.
5. Letter dated January 16, 2018, from Chairman Horan to Mark Reyes
informing him of his reappointment to the Law Library – Fred R. Wilson Memorial
Board of Trustees for a 3-year term ending January 1, 2021.
6. Letter dated January 16, 2018, from Chairman Horan to Bill Young
informing him of his reappointment to the Seminole County Contactor Examiners
Board for a 1-year term ending January 1, 2019.
7. Letter dated January 16, 2018, from Chairman Horan to Pam Nabors,
President and CEO, advising that Commissioner Lee Constantine will continue to
serve as the liaison representative to the CareerSource Central Florida Board. Chairman Horan will continue to serve as the
alternate representative.
8. Letter dated January 16, 2018, from Chairman Horan to Mayor Jeff
Triplett, City of Sanford, informing him of his reappointment to the Seminole
County Tourism Development Council.
9. Letter dated January 16, 2018, from Chairman Horan to Glenda Ross,
Facilities Planning/Operations, Seminole County Public Schools, advising that
the Chairman will continue to serve as the liaison to the Public Schools
Facilities Advisory Board.
10. Letter dated January 16, 2018, from Chairman Horan to Mayor Buddy
Dyer, Chairman, advising that Commissioner Robert Dallari will continue to
serve as the liaison representative to the Congress of Regional Leaders
Board. Chairman Horan will continue to
serve as the alternate representative.
11. Letter dated January 16, 2018, from Chairman Horan to Deputy Chief
Tom Barry, Chairman, advising that the Chairman will continue serve as the
liaison to the Juvenile Justice Board.
Commissioner Lee Constantine will serve as the alternate representative.
12. Letter dated January 16, 2018, from Chairman Horan to Dawn Kraus,
President, advising that Commissioner Lee Constantine will continue to serve as
liaison representative to Leadership Seminole Board. Chairman Horan will continue to serve as the
alternate representative.
13. Letter dated January 16, 2018, from Chairman Horan to Edward
Johnson, CEO, advising that Commissioner Lee Constantine will continue to serve
as the liaison representative to Central Florida Regional Transportation
Authority (LYNX) Board. Chairman Horan
will continue to serve as the alternate representative.
14. Letter dated January 16, 2018, from Chairman Horan to Barbara
Balfour, City Clerk, City of Oviedo, advising that the Chairman will continue
to serve as the liaison representative to the Mayors and Managers Board. Commissioner Lee Constantine will serve as
the alternate representative.
15. Letter dated January 16, 2018, from Chairman Horan to Tim Giuliani,
President and CEO, advising that the Chairman will continue to serve as the
liaison representative to the Orlando Economic Partnership. Commissioner Robert Dallari will serve as the
alternate representative.
16. Letter dated January 16, 2018, from Chairman Horan to Tricia
Setzer, advising that Commissioner Carlton Henley will continue to serve as the
liaison representative to the Seminole County Tourism Development Council. Chairman Horan will continue to serve as the
alternate representative.
17. Letter dated January 16, 2018, from Chairman Horan to Traci Houchin,
Deputy City Clerk, City of Sanford, advising that Commissioner Lee Constantine
will continue to serve as the liaison representative to CALNO. Commissioner Robert Dallari will continue to
serve as the alternate representative.
18. Letter dated January 16, 2018, from Chairman Horan to Dino Ferri,
CEO, advising that Commissioner Lee Constantine will continue to serve as the
liaison representative to Central Florida Zoological Park. Chairman Horan will
continue to serve as the alternate representative.
19. Letter dated January 16, 2018, from Chairman Horan to Captain
Jennifer Jenkins, advising that Commissioner Brenda Carey will continue to
serve as the liaison representative to Seminole Community Alliance Board.
Olivette Carter, Acting Director of Community Services, will serve as the
alternate representative.
20. Letter dated January 16, 2018, from Chairman Horan to Nicola
Liquori, SunRail Chief Executive Officer, advising that Commissioner Robert
Dallari will continue to serve as the liaison representative to the Central
Florida Commuter Rail Commission.
Commissioner Lee Constantine will continue to serve as the alternate
representative.
21. Letter dated January 16, 2018, from Chairman Horan to Hugh Harling,
Executive Director, advising that Commissioner Lee Constantine and Chairman
Horan will continue to serve as the liaison representatives to the East Central
Florida Regional Planning Council. Commissioner Brenda Carey will continue to
serve as the alternate representative.
22. Letter dated January 16, 2018, from Chairman Horan to Diane Crews,
President, advising that Commissioner Brenda Carey will continue to serve as
the liaison representative to the Orlando-Sanford International Airport
Authority. Commissioner Robert Dallari will
continue to serve as the alternate representative.
23. Letter dated January 16, 2018, from Chairman Horan to Andrew
VanGaale, Executive Director, advising that Commissioner Carlton Henley will
continue to serve as the liaison representative to the Seminole County Port
Authority (SCOPA). Commissioner Lee
Constantine will continue to serve as the alternate representative.
24. Letter dated January 16, 2018, from Chairman Horan to Tracy Turk,
Senior Director, advising that Commissioner Robert Dallari will continue to
serve as the liaison representative to the South Seminole Industrial
Development Authority (SCIDA).
Commissioner Lee Constantine will continue to serve as the alternate
representative.
25. Letter dated January 16, 2018, from Chairman Horan to Flora Maria
Garcia, CEO, advising that Commissioner Lee Constantine will continue to serve
as the liaison representative to the United Arts of Central Florida Board. Commissioner Robert Dallari will continue to
serve as the alternate representative.
26. Letter dated January 16, 2018, from Chairman Horan to Grant Maloy,
Clerk of Court, advising that Commissioners Carlton Henley and Brenda Carey
will continue to serve as the liaison representatives to the Seminole County
Value Adjustment Board (VAB). Commissioner Lee Constantine will continue to
serve as the alternate representative.
27. Letter dated January 16, 2018, from Chairman Horan to Chief Sharon
Bryan advising that Commissioner Robert Dallari will continue to serve as the
liaison representative to the Seminole County Public Safety Coordinating
Council. Chairman Horan will continue to
serve as the alternate representative.
28. Letter dated January 16, 2018, from Chairman Horan to Margaret
Wells informing her of her reappointment to the Seminole County Library
Advisory Board.
29. Letter dated December 22, 2017, from Cindy Dick, Interim Division
Director, Emergency Preparedness and Community Support, Florida Department of
Health, to Chairman Horan re: award the Emergency Medical Services (EMS) County
Grant, ID Code C6057, in the amount of $82,919 to Seminole County.
30. Letter dated January 3, 2018, from Jason Brodeur, President and
CEO, Seminole County Regional Chamber of Commerce, to Chairman Horan re:
request for nomination of David Sprinkle to serve in the Business – Seminole
County seat on the CareerSource Central Florida Board of Directors.
31. Letter dated January 5, 2018, from Dr. E. Ann McGee to Chairman
Horan re: request for nomination of Dr. John Gyllin to serve in the public seat
representing Education and Training Provider on the CareerSource Central
Florida Board of Directors.
32. Letter dated January 8, 2018, from Chairman Horan to Andrew
Campanella, President, National School Choice Week, re: congratulating the
organization for their work to raise awareness about school choice options.
33. Letter dated January 9, 2018, from Hatem Aguib, Project Manager,
FDOT District 5, to Property Owner re: public information meeting on January
30, 2018, from 5:30 p.m. to 7:30 p.m. at the Lakeside Fellowship United
Methodist Church at 121 N. Henderson Lane, Sanford, regarding Wekiva Parkway
Section 7B Design Project.
34. Letter dated January 9, 2018, from Pamela Nabors, President/CEO,
CareerSource Central Florida, to Chairman Horan re: requesting David Sprinkle
and Dr. John Gyllin be nominated to the CareerSource Central Florida Board of
Directors.
35. Letter dated January 11, 2018, from Dionne Adams, Market Manager,
Sam’s Club, to Chairman Horan re: closure of Club #8214, 355 Semoran Blvd.,
Fern Park.
36. Letter dated January 11, 2018, from Cynthia Porter, City Clerk,
City of Sanford, to Board of County Commissioners re: Notice for Ordinance
#4436, #4437, and #4438.
37. Copy of a letter dated January 12, 2018, from Julia Dennis,
Director, Division of Community Development, Florida Department of Economic
Opportunity, re: appreciation for the support extended to evacuees from Puerto
Rico seeking refuge due to Hurricane Maria.
COUNTY
ATTORNEY’S REPORT
Ms.
Porter-Carlton stated due to the work session following this meeting, she will
forgo her report and send it to the Board as a memo.
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Clerk
Maloy gave an update regarding the Domestic Violence Service Center. He distributed an invitation (received and
filed) to the Board inviting them to the ribbon-cutting ceremony on February
21. Clerk Maloy stated the Juvenile
Justice carpet was replaced over the weekend and it looks great.
Clerk
Maloy introduced Brent Holladay, Chief Deputy.
Mr. Holladay has 23 years’ experience from the Lake County Clerk’s
Office. He was the CIO and oversaw court
operations, so he will be troubleshooting a lot of things for the Clerk’s
Office.
Commissioner
Carey expressed she appreciates the collaboration and working out the right
location for SafeHouse and for the victims of domestic violence. Clerk Maloy gave his appreciation to Tim
Marcopulos, Public Works, and his staff for doing a great job.
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Chairman
Horan announced there is a work session regarding the SR 46 PD&E Study
beginning at 3:30 p.m.
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Chairman
Horan stated he just handed out a sheet that he asked David Johnson, Property
Appraiser, to prepare (received and filed).
He indicated the sheet shows the effect of the additional homestead
exemption and breaks it down based upon cities, special taxing districts, the
General Fund, Fire Fund, et cetera. He
thought it might be useful to the Board.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 3:21 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
tp/ks