BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
April 23, 2019
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, April 23, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Jay Zembower (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerks Terri Porter, Kyla Farrell, Chariti Colón
Pastor Conrad Westbrook, First Baptist Church, Geneva, gave the Invocation. Commissioner Dallari led the Pledge of Allegiance.
The Business Spotlight video for Inside Out Natural Foods was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-xxxx
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt a Proclamation recognizing April 2019, as Fair Housing Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #2 – 2019-1316
Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to adopt a Proclamation proclaiming the week of May 5 - 11, 2019 as National Travel and Tourism Week in Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #3 – 2019-xxxx
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt a Proclamation proclaiming April 24 as Denim Day in Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
With regard to public participation, no one in the audience spoke in support or opposition to the Consent Agenda, and public input was closed.
County Manager Nicole Guillet announced that Item #16 in regard to a plat for Hideaway Cove has been pulled from the agenda and will be brought back at a later date. Commissioner Dallari requested that Item #30 be pulled for separate discussion.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize and approve the following:
County Manager’s Office
4. Approve travel and mileage reimbursement to Commissioner Zembower for miscellaneous travel from January - March, 2019. (2019-1325)
5. Approve travel and mileage reimbursement to Commissioner Constantine for miscellaneous travel from January - March, 2019. (2019-1328)
6. Approve travel and mileage reimbursement to Commissioner Lockhart for expenses related to attending the Florida Association of Counties Legislative Day in Tallahassee. (2019-1327)
7. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-62 renaming a small segment of Lanark Street to Dynasty Cove. (2019-1281)
8. Approve participation in the 2018/19 Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program (JAG-C) in which FDLE has allocated $126,453 for use by all units of government within Seminole County; authorize the Chairman to execute the Certificate of Participation naming Olivette Carter as the coordinator for the countywide application(s); and authorize the Chairman to execute any supporting documentation as may be required for the application(s). (2019-xxxx)
9. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-63 approving the (3) three-year SHIP Local Housing Assistance Plan (LHAP) for program years 2019/20, 2020/21, 2021/22; reaffirming authorization of administrative expense funding to an amount not more than 10% of Seminole County's distribution; and authorize staff to submit the LHAP and any additional requirements to the Florida Housing Finance Corporation (FHFC) for review and approval; Certificate to FHFC. (2019-1320)
Community Assistance Division
10. Approve and authorize the Chairman to execute the FY18 Continuum of Care (CoC) Grant Agreement on behalf of the County, in accordance to Administrative Code Sections 1.10 and 22.20 D(1)d, for the grant award from the U.S. Department of Housing and Urban Development (HUD) for the Continuum of Care/Shelter Plus Care Grant Program in the amount of $519,635. (2019-xxxx)
Community Development Division
11. Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of March 2019. (2019-xxxx)
Planning and Development Division
12. Approve the Plat for the Chaudoin’s Place subdivision containing one (1) lot on 12.93 acres zoned A-5 (Rural Zoning Classification/Rural Subdivision), located one mile north of E. Osceola Road. (2019-1290)
13. Approve the Minor Plat for the 545 Orange Boulevard subdivision containing one (1) lot on 2.37 acres zoned A-1 (Agriculture), located on the east side of Orange Boulevard, south of Walden View Drive. (2019-1292)
14. Authorize release of Performance Bond #0173341 (Roads, Drainage, Water, Sewer, Hardscape, Landscape) in the amount of $603,743.10 for Lake Florence Preserve Subdivision. (2019-1285)
15. Authorize release of Maintenance Bond #09244763 (Streets, Curb, Storm Drains) in the amount of $1,070.95 for right-of-way utilization of Red Bug Lake Road. (2019-1288)
16. Pulled from the agenda request to approve the Plat for the Hideaway Cove at Oviedo Phase 1 single-family residential subdivision containing forty-nine (49) lots on forty-five (45) acres zoned PD (Planned Development), located on the east side of Simmons Road, one-half mile east of Lockwood Boulevard. (2019-1296)
Library Services Division
17. Approve and authorize the Chairman to execute the Entertainment Services Agreement, to provide children’s programs at the branch libraries as part of the Summer Reading Program with Kinetic Arts and Theatrical, “Mad Science”, in the amount of $3,468. (2019-1322)
18. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-64 accepting a list of roadways into the Seminole County Maintained Road System. (2019-1259)
19. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-65; and authorize the Chairman to accept Warranty Deeds donated by Daisy P. Gutierrez and Ziba K. Becker to Seminole County related to the drainage improvements to and continued maintenance of Virginia Avenue, south of East Hillcrest Street. (2019-1313)
20. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-66 authorizing a property exchange, and a Purchase and Exchange Agreement between Dianne Rey, Sulma Vasquez and Seminole County related to Parcel #104, for the early acquisition of property needed for the Dean Road Widening Project located at 5880 Dean Road, Oviedo, Florida 32765, Tax ID #31-21-31-504-0000-0210, for $241,555; and the County Deed from Seminole County to Dianne Rey and Sulma Vasquez for the conveyance of the Parcel #105, remainder property for this same project, as full settlement of all claim for compensation, damages, costs, and fees for which Seminole County might be obligated to pay relating to Parcel #104. (2019-1246.1)
21. Approve and authorize the Chairman to execute a new Lease Agreement for the Environmental Services Department located at Reflections of Hidden Lake, 500 East Lake Mary Boulevard, Lake Mary; A&Z Ventures, LLC, Landlord. (2019-1318)
22. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-67 implementing Budget Amendment Request (BAR) #19-046 through the 1991 Infrastructure Sales Tax Fund in the amount of $700,000 from Reserves to provide additional funding for the S. Sanford Avenue Pavement Rehabilitation Project. (2019-xxxx)
23. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-68 implementing Budget Amendment Request (BAR) #19-047 through a purchase order allocation from the Florida Department of Health to provide domestic mosquito control for Zika Virus in the additional amount of $80,000 in the Mosquito Control Grant Fund for a total allocation of $132,000. (2019-1311)
24. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-69 implementing Budget Amendment Request (BAR) #19-051 through the General Fund in the amount of $252,946 from Reserves to allocate payment to the Seminole County School Board for the reimbursement of sheltering costs for Hurricane Irma. (2019-1315)
25. Approve submission of an application to the Florida Department of Environmental Protection (DEP) through its FY19 Section 319(h) Nonpoint Source (NPS) Education Grant requesting up to $90,000 in grant funding for the development and implementation of a countywide fertilizer education campaign targeting retail stores and commercial applicators requiring a 40% match, in the amount of $60,000 for a total of $150,000; and authorize the County Manager to execute any documents associated with the grant application. (2019-1307)
26. Approve submission of an application to the Florida Fish and Wildlife Conservation Commission (FWC) through its Invasive Plant Management Section requesting up to $25,000 in grant funding for the assessment of new invasive plant control strategies in Lake Jesup, including community outreach/education; and authorize the County Manager to execute any documents associated with the grant application. (2019-1310)
27. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-70 confirming the Non-Ad Valorem Variable Rate Assessments for tax year 2019. (2019-1304)
Purchasing and Contracts Division
28. Approve Amendment #1 to RFP-602012-14/BJC, Employee Assistance Program Services Agreement, with ComPsych Employee Assistance Programs, Inc., Chicago, IL, to extend the Agreement through December 31, 2022, (Estimated annual usage $25,000); and authorize the Purchasing and Contracts Division to execute the Amendment. (2019-1294)
29. Approve RFP-603403-19/BJC, Insurance Brokerage Services, to Arthur J. Gallagher Risk Management Services, Inc., Orlando, not-to-exceed $95,000 per year; and authorize the Purchasing and Contracts Division to execute the Agreement. (2019-1308)
30. Pulled for separate discussion by Commissioner Dallari.
31. Waive the Procurement Process and Award the Sole Source Procurement SS-603444-19/BJC for the purchase of goods and services related to Hydraulic Hoses and Parts with Pirtek USA, Altamonte Springs; and authorize the Purchasing and Contracts Division to issue Purchase Orders on an as-needed basis. (2019-1249)
Consent Agenda Item #30 – 2019-xxxx
Revision to the Scope of Services under RFP-2324-19/RTB,
Five Points Master Plan Agreement with CGL Co., LLC
In regard to the Scope of Services, Commissioner Dallari stated this company is going to be working only with the County’s Engineering Department, so in the way it is written, there would be no input from the rest of County staff, and he does not understand that. Ray Hooper, Purchasing and Contracts Division Manager, addressed the Board to explain that the scope is a task that they creatively developed with the consultant under CCNA to develop a design-criteria package. He stated this package will be given to the design-build team. There was further discussion and explanation in regard to the Basis of Design.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve a revision to Exhibit A, Scope of Services under RFP-2324-19/RTB, Five Points Master Plan Agreement with CGL, Companies, LLC of Miami, to add a task to provide a Basis of Design for a design-build construction project as a part of the Five Points Master Plan Development in the total amount of $939,525; authorize the Purchasing and Contracts Division to execute the Agreement; and approve and authorize the Chairman to execute appropriate Resolution #2019-R-71 implementing Budget Amendment Request (BAR) #19-052 through the General Fund in the amount of $939,525 from Reserves. (2019-xxxx)
Districts 2, 3, 4, and 5 voted AYE.
District 1 voted NAY.
County Attorney’s Consent Agenda Item #32 – 2019-1312
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute a pre-litigation Settlement Agreement with Grimming, LLC for Code Enforcement Cases CEB Nos. 17-35 and 17-36 in connection with 3511 Jamison Drive; and a Satisfaction of Lien in the amount of $466.76 to cover administrative costs; in lieu of Foreclosure Action by the Lender.
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk & Comptroller’s Consent Agenda Item #33 – 2018-1317
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve Expenditure Approval Lists dated March 25 and April 1, 2019; Payroll Approval Lists dated March 21 and April 4, 2019; and the BCC Official Minutes dated March 12, 2019.
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk & Comptroller’s “Received and Filed” Documents
1. Florida Public Service Commission Consummating Order #PSC-2019-0122-CO-EQ re: Petition for approval of amended standard offer contract (Schedule COG-2) based on a combustion turbine avoided unit by Duke Energy Florida, LLC, Docket #20180073-EQ, issued April 4, 2019.
2. CDBG Subrecipient Agreement for Program Year 2018-2019 with Aspire Health Partners, Inc. (as approved by the BCC on September 26, 2017).
3. Recording of Plats and Plat Property Information Report for Parkview Place.
4. Developer’s Commitment Agreement #18-20500038 for Gateway at St. Johns PD; Michael Lawlor; George & Marilyn Hendricks; and Fossitt Business Park, LLC.
5. Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with Space Port U.S.A., Inc. for the project known as I4 Ind Park Sect 5 – Lot 19.
6. Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Service with Properties by L & B, Inc. for the project known as Off-Broadway Lot 6.
7. Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Service with Pulte Home Company, Inc. for the project known as East Park.
8. Pet Rescue Cooperative Service Agreement with Touch of Grey Rescue.
9. Parks Contracts for Services with Timothy Bennett, Joshua Liles, and John Wright; and Tennis Developmental Instructor Agreement with Nicholas Gordon.
10. Tourist Tax Funding Agreement with Perfect Game Youth Florida, Inc. for the CFL Super25 Qualifier.
11. Tourist Tax Funding Agreement with Nations Baseball, LLC d/b/a Greater USSSA Baseball for the Greater USSSA April Tournaments.
12. Tourist Tax Funding Agreement with Florida High School Athletic Association, Inc. for the 2019 FHSAA Tennis State Championships.
13. Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch LLC for the Rawlings Invitational.
14. Tourist Tax Funding Agreement with Central Florida Soccer Alliance Inc. for the ECNL Southeast Conference League Games.
15. Tourist Tax Funding Agreement with The University Athletic Association for the UAA Men’s and Women’s Tennis Championship.
16. Amendment #1 to Work Order #37 to PS-0009-15 with Inwood Consulting Engineers, Inc.
17. Amendment #1 to Work Order #9 to PS-0157-15 with S2L, Inc.
18. Work Order #12 to PS-0157-15 with S2L, Inc.
19. Work Order #7 to RFP-0672-15 with The Colinas Group, Inc.
20. Change Order #1 to Work Order #10 to RFP-1294-17 with M&J Enterprises International, Inc.
21. Change Order #2 to CC-1525-17 with Florida Safety Contractors, Inc.
22. Change Order #1 to CC-1535-17 with Odyssey Manufacturing Company.
23. Closeout to M-1696-17 with Killebrew, Inc.
24. Change Order #4 to CC-1934-18 with Blackstreet Enterprises LLC.
25. Seventh Amendment to IFB-601852-13 with ADAPCO, LLC.
26. First Amendment to RFP-602035-14 with Hilltop Securities, Inc.
27. RFP-602075-14, Unilateral Termination of Collection Services Agreement, with Penn Credit Corporation.
28. First Amendment to IFB-602637-16 with Trafficcast International, Inc.
29. Continuation Certificate for Performance Bond #024070640 for RFP-602697-16, Roadway Landscaping Contract, with BrightView Landscape Services, Inc.
30. First Amendment to RFP-602909-17 with Hilltop Securities Asset Management, LLC.
31. First Amendment to IFB-603158-18 with WCA of Florida, LLC.
32. IFB-603357-18, Term Contract, with Dana Safety Supply, Inc.
33. IFB-603366-18, Term Contract, with Siteone Landscape Supply, LLC.
34. Amendment #2 to Work Order #26 to PS-8286-13 with Kittelson & Associates, Inc.
35. Closeout to Work Order #15 to CC-9184-13 with Affordable Development.
36. Work Order #8 to PS-9464-14 with GAI Consultants, Inc.
37. Bids as follows:
RFP-2324-19 from AECOM Technical Services, Inc.; CGL Companies, LLC;
IFB-603428-19 from The Ware Group, d/b/a Johnstone Supply; Tri-Dim Filter Corp.; American Environmental Systems; Andrews Filter & Supply Corp.; and
RFP-603430-19 from AERC Recycling Solutions - A Clean Earth; Perma-Fix of Florida, Inc.
Agenda Item #34 – 2019-1324
County Attorney Bryant Applegate stated that at the BCC meeting held on April 9, 2019, the Board approved a contract with the Romano Law Group; Schochor Federico and Staton, P.A.; and Spangenberg Shibley & Liber, LLP to represent the County, including the Sheriff’s Office since that budget is part of the County budget, to handle all litigation related to the opioid crisis. He advised the Sheriff was unable to be present today, but Chief Lisa Spriggs and Maryann Klein (in-house counsel) are here representing that office.
Eric Romano, Romano Law Group, addressed the Board and stated that many are somewhat familiar with the opioid litigation already. This is a national epidemic that has left really no community in the country untouched, and Seminole County is no different. He said their team is led by Romano Law Group in West Palm Beach; they along with the Schochor Federico firm in Baltimore, Maryland and the Spangenberg firm in Cleveland, Ohio have been involved in the opioid litigation for the better part of the last two years. Notably the opioid litigation, by and large, is centered in Cleveland, Ohio under an MDL (Multidistrict Litigation). About 1,600 lawsuits have been filed and all have been moved to and consolidated in front of Judge Dan Polster in the northern district of Ohio, which is where the Spangenberg law firm comes in. Peter Weinberger, who is the firm’s co-counsel in the case, happens to be co-liaison counsel for the plaintiffs in the MDL, which means he is essentially in a leadership position in front of Judge Polster with regard to all the these cases around the country.
Mr. Romano advised they would be looking at filing suit on behalf of the County to recoup those damages that the County has incurred and will incur in the future by working directly with and through Mr. Applegate. He noted Mr. Applegate put them in touch with the appropriate department heads and representatives in the County to pull that data together, and they have already been doing that on behalf of the other clients they represent. They would be presenting that as part of the damages claim in the lawsuit, which would then be consolidated within the MDL. He expressed Judge Polster has pushed very aggressively to bring both sides together to try to reach a global settlement. He has stated that he would very much like that to happen before the end of this year, but because of the scope and scale of the litigation, Mr. Romano said he is not sure how likely that is. He advised the first trial within this litigation is scheduled for November, and once those first trials begin and juries hear the evidence and return their verdicts, it will give both sides a better indication of the merits of the case and how the juries are viewing the case.
Mr. Romano shared that their team did a series of mock trials last summer where they basically presented the evidence. They brought in about 40 to 50 local residents and presented summaries of the evidence for the plaintiffs and the defense to try to gauge initial reaction to the claims and the defenses. He noted the plaintiffs’ claims were received very favorably.
Mr. Applegate pointed out the plaintiffs’ Statement of Claim that is going to be prepared is a major undertaking, and that will be conducted by his office, Ms. Klein and Chief Spriggs representing the Sheriff’s Office, and Fire Chief Oakes and his staff. He remarked that the data required going back in time and anticipating future damages will require extensive work.
Commissioner Lockhart asked about the relationship local counsel, James Vickaryous, has with the Board on this case. Mr. Applegate responded the local counsel is working for the Romano Law Group and the other firms. Any fees generated by local counsel will be paid out of the fees collected by the Romano Law Group, not anything from the County or the Sheriff’s Office.
Mr. Romano advised Judge Polster, who has been doing an extraordinary job of managing 1,600-plus cases, has made it very clear that he is going to do everything he can to make sure that this does not drag on for years and result in 1,600 trials. Mr. Romano noted what often happens with litigation of this magnitude, is once those initial trials start and the jury verdicts start coming in, that gives both sides a gauge of what the risks of ongoing litigation may be. Usually after that first round of trials, which will be late this year to early 2020, the Judge pulls the leadership from both sides back together and says they have now seen a few verdicts, in order to have everybody sit down and see if they can resolve this by way of a global settlement. He stated although it is hard to predict with any certainty, he thinks it is realistic to expect that within 24, maybe 36 months, there will be some kind of a global resolution, but it may take a few trials first to get to that point.
COUNTY INVESTMENT ADVISOR REPORT
Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board and presented the Investment Advisor’s Report for April 23, 2019, (received and filed).
Mr. McIntyre noted on the Housing slide that mortgage rates have fallen quite a bit which will help housing, and housing is starting to get the help that they expected. There has been a big bump in the last two months in home sales for both new and existing homes. He opined that always helps when you have three-quarters of a percentage point lower; people who are marginally able to afford houses can now afford houses. Construction spending on an annual year-over-year rate in November was down 11.3% and in February it was up 15.7%. He indicated a lot of economists have latched onto that, how important it is that all of a sudden construction spending is back on board. He said they will see what happens to housing, but lower rates have absolutely helped.
In regard to the GDP, Gross Domestic Product, Mr. McIntyre explained they don’t have the first quarter yet, they will get it at the end of this week. It looked like the trend had been downward, and now it looks like the trend may stabilize and move higher. Most people expect that if they don’t get a strong second quarter, they will get a strong third quarter. Business spending got curtailed because businesses were worried, but they are now feeling better.
For his recommendations, Mr. McIntyre stated yields are still lower than they have been. They have $140 million that is invested in Full Faith and Credit Treasuries. He noted they will not always be the highest yield, but they are the safest investments. They have a maturity coming up on April 30th, and the yield on that was 2.48%. His recommendation is to reinvest it. He would love to add to that Treasury position and have a safer portfolio, but it is still not completely conducive to that. By the same token, he does not want that to bleed off just because yields are lower. His recommendation then is that be reinvested into a $10 million/15-month maturity with a yield at 2.43%, which is almost the same as what came off. Going forward, they will have maturities, and the yields may not be terribly favorable. If the yields are favorable, he would like to add to that position if they could, but for right now he just wants to stabilize it.
Mr. McIntyre stated he and Clerk Grant Maloy had a conversation about the banks and what the banks are thinking. There is some concern on his part, and he said Clerk Maloy and Chief Deputy Clerk Brent Holladay have shared that same idea, that at some point the banks may not want to pay as much as they are paying, but for right now they are. His thought is if they don’t have places for that money to go, they will not be willing to pay as much, but he feels like the economy is moving higher, so he thinks they are okay as far as those banks are concerned.
Mr. McIntyre displayed Current / Proposed Portfolio. He mentioned they did not have any allocation shifts from one to the other, so there is no proposed movement in these categories. They have 30% in Full Faith and Credit Treasuries and 50% in the QPDs (the banks or Qualified Public Depositories). He feels like those are very safe; the yield on those overall is about 2.60%. If they go out of the curve, they will get less than that. So they are foregoing a little bit of yield in the move they made for a little bit of safety, and that is always going to be the issue. There may be something that looks better and has a higher yield, but he feels like they should still have the safety component of Treasuries.
Mr. McIntyre stated there is about 20% in other investment pools. He advised the Pool yields, generally speaking, are pretty close to the yields in the QPDs, but they are not quite as safe. There are no government pools, the 20% involves some commercial paper and there is some credit exposure in that last 20%. He still feels like the mix is okay for now. There is some vulnerability in the fact that if the Treasury did have a downturn, the banks could decide again that they are not willing to pay that, but for right now he feels like all that they know suggests that they will be happy to continue paying for that for a while.
Mr. McIntyre commented that every day things change. He was talking with the Clerk’s Office a bit earlier about the idea that they go in on the 30th and reinvest that, but if the Treasury is paying 2.33% or 2.44%, and there is another government security that is paying 2.48% or 2.50%, he feels like they have the latitude (and he knows the Board has agreed to that) to take the higher yield as long as the credit is the same. Commissioner Dallari agreed. He then noted he would need approval to reinvest the Treasury position and hold everything else the same.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt the recommendations of the Board’s Financial Advisor based on the report submitted, and direct the Clerk to implement said Board adopted recommendations.
Under discussion, Commissioner Zembower stated he would just like to know what Mr. McIntyre’s take might be on this now that the Trump Administration has decided to invoke and renew the sanctions with the Iranian oil-trading partners. Mr. McIntyre advised the very recent pressure has been as a result of those sanctions. He did some research and the amount of WTI crude oil that is coming out of the Permian Basin right now is about five times what it was ten years ago; it is just exponentially increasing. The U.S. has more oil here. There are just so many things that come into play. Just the idea that there may be problems in the Middle East is going to put pressure on oil. There is enough supply that there should be downward pressure, but they will just have to wait and see.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey recessed the meeting at 10:35 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Clerk Grant Maloy, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Zembower, 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.
Item #35 – Bowles Estates Conservation Easement Vacate/
Juan & Evelis Gerena – 2019-1167
Danalee Petyk, Planning & Development Division, addressed the Board to present the request as outlined in the agenda memorandum. She advised staff recommends approval of the request. It was determined that the Applicant was present but did not wish to comment.
With regard to public participation, Linda Lucas, 5940 Jessica Drive, spoke in support; no one else in the audience spoke in support or in opposition to this item and public input was closed.
Public Comment Form received and filed.
District 3 submitted ex parte communication (received and filed).
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt appropriate Resolution #2019-R-72 vacating and abandoning a portion of the platted conservation easement on Lot 1 of the Bowles Estates Subdivision as established in Plat Book 75 Page 43; for property located on the north side of Jessica Drive, approximately 450 feet west of Bear Lake Road, and more particularly known as 5960 Jessica Drive, Apopka, Juan & Evelis Gerena, Applicant, as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #36 – Short-term Vacation Rentals Land Development
Code Amendment - 2019-0791 (Cont’d from 6/26/18)
Rebecca Hammock, Planning & Development Director, addressed the Board to present the request as outlined in the agenda memorandum and provided the definition of vacation rentals as defined in the Florida statutes. Ms. Hammock advised the revised Ordinance includes an annual registration fee of $250 and a provision that up to 50% of the registration fee amount may be allocated to an affordable housing trust fund. The revised Ordinance proposes that registration be required for existing and new vacation rentals beginning October 1, 2019; and the operator must provide proof of a local tourism tax account. She stated staff recommends approval.
Upon Commissioner Dallari’s inquiries, Ms. Hammock explained how staff determined the $250 annual registration fee and detailed how a homeowner could potentially lose their homestead exemption due to the use of their property as a vacation rental. In regard to maximum occupancy, Ms. Hammock advised if a complaint was received, it would be policed by the Sheriff’s Office or through a third-party vendor. Discussion ensued regarding the provision that at least one telephone (landline or cellular) with the ability to contact 911 shall be provided in the vacation rental.
Commissioner Zembower requested more information on the code enforcement aspect of the Ordinance. Ms. Hammock advised because the County currently doesn’t have any code regulations for vacation rentals, Code Enforcement will refer the complainant to the Department of Business and Professional Regulation; however, if the Ordinance is adopted, they could take a complaint through the Code Enforcement process. Commissioner Lockhart discussed why she doesn’t see how this Ordinance is a benefit and noted her biggest concern is an additional regulation that requires an additional burden.
Chairman Carey stated out of about 72,500 residential units, only 311 are short-term vacation rentals. She understands it may generate revenue for the County, but she isn’t sure how much. The Chairman advised based on the information that she’s received, she thinks the ordinance is trying to govern something that isn’t a problem. Commissioner Zembower asked how they are tracking who is renting the properties. Ms. Hammock answered she isn’t sure if the different platforms require background checks, but the proposed Ordinance does require the owner-operator to require that information, and the bills that are going through the Florida Legislature now that are attempting to preempt local governments also include that.
With regard to public participation, George Sellery, 5231 Shoreline Circle, (documents received and filed) spoke neither in support or opposition; the following spoke in opposition: Carolyn Wisdom, 2030 Pleasant Point Road; Patricia Searcy, 304 West 11th Street; Deborah Artzner, 2045 Green Cedar Lane; Alexa Michna, 140 Douglas Drive; no one else in the audience spoke in support or in opposition to this item and public input was closed.
Public Comment Forms were received and filed.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to continue to June 25, 2019, at 1:30 p.m., or as soon thereafter as possible, the request to adopt an Ordinance amending the Land Development Code to provide regulations for short-term vacation rentals, as defined in F.S. 509.242, within unincorporated Seminole County; and in addition, a reference to Section 30.48, LDC be placed on registration forms, brochures, and related support documents, reminding applicants that registration with Seminole County does not invalidate privately adopted restrictions on property within a development, as described in the proof of publication.
Under discussion, Commissioner Zembower stated there is a code enforcement issue; and they need to have the opportunity to incorporate code enforcement guidelines. He had also asked the Board to consider a long-term registry and believes it should be included in this same ordinance. For him, there are several aspects that need review. Commissioner Constantine expressed he would much rather have this issue be locally regulated and not State regulated. He discussed zoning for businesses and code enforcement. Commissioner Constantine pointed out this isn’t about revenue, it’s about protection of neighborhoods. He agrees with the continuance so they can get more clarity. Chairman Carey advised she is not going to support the continuance because she believes they need to take action on it one way or the other. She is not in support of a short-term or long-term rental ordinance because she thinks it is an invasion of privacy rights.
Commissioner Lockhart indicated she is not in support of the continuance or of the ordinance. She thinks it is just another tax on small businesses, and they already have ordinances and laws in place to address all of the things that have been cited as issues. Commissioner Dallari advised he supports the continuance because he would like to have more information before he decides whether or not he supports the ordinance. He asked if the County can revoke the vacation renter’s business license, and Ms. Guillet answered no.
Ms. Guillet pointed out the work session regarding Code Enforcement is scheduled for May 14. Bryant Applegate, County Attorney, stated he believes the Code Enforcement work session, where Code Enforcement is looked at holistically, is going to be separate from this ordinance. Mr. Applegate suggested they continue this item indefinitely so they have time to address Code Enforcement and then advertise another ordinance. Commissioner Zembower asked if they brought it back in June, and then at some point later code enforcement is changed, would they have to revisit the ordinance. Mr. Applegate answered they would have to amend the ordinance. Chairman Carey opined she doesn’t think it will be ready by June, and added it has to come after the solution to code enforcement if that is the reason for the continuance. Commissioner Zembower stated he still supports his motion to continue to June 25; and if they change code enforcement, they can amend the ordinance as needed.
Chairman Carey confirmed with Mr. Applegate if the ordinance gets rewritten based on other information, it may have to be readvertised.
Districts 1, 2, and 3 voted AYE.
Districts 4 and 5 voted NAY.
Ms. Guillet stated she needs some clarification on what the Board expects to see brought back on June 25. Commissioner Zembower stated he expects to see any language regarding code enforcement cleaned up, and he thinks long-term rentals need to be incorporated in the same ordinance. Chairman Carey asked if the majority of the Board wants to see an ordinance for long-term rentals and whether or not they want to see it in conjunction with the short-term rental ordinance. Commissioner Lockhart indicated she would not want to see it at all. Commissioner Zembower indicated he would like to see the long-term rental ordinance and possibly see it in conjunction with the short-term rental ordinance. Commissioner Constantine indicated he would like them incorporated together. Commissioner Dallari indicated he can’t answer that because he hasn’t seen a long-term rental ordinance. Chairman Carey advised it appears three Commissioners would like to see it, so the majority will rule. She confirmed with Ms. Guillet that staff will try to get this back to the Board on June 25 with a long-term rental component.
Chairman Cary advised the County Manager and the County Attorney should remind each Commissioner of all of the ordinances, State and local, that are on the books that would govern the issues discussed regarding vacation rentals.
Districts 1 and 5 submitted ex parte communication (received and filed).
Item #37 – Vacation Rentals Amendment to County Code Fee Schedule (Non-Public Hearing Item) – 2018-0790 (Cont’d from 6/26/18)
Chairman Carey asked for a motion to continue this item since it is related to Item #36.
Motion by Commissioner Zembower, seconded by Commissioner Constantine, to continue to June 25, 2019, at 1:30 p.m., or as soon thereafter as possible, the request to adopt a Resolution amending the Seminole County Administrative Code to revise Section 20.10(L) Permit Fees to add subparagraph (11), Vacation Rentals, as administered by the Development Services Department, Planning & Development Division.
Districts 1, 2, and 3 voted AYE.
Districts 4 and 5 voted NAY.
Meloney Lung, Assistant County Manager, presented the legislative update.
COUNTY MANAGER’S REPORT
In regard to recruitment and retention in the Environmental Services Department, particularly in dealing with the operations folks, Ms. Guillet stated they started an overall County compensation study; but they have done a mini-compensation study with respect to operations positions. She would like to get the Board’s blessing to move forward with the salary adjustments that she has proposed to the Board. Staff will bring a BAR (Budget Amendment Request) to the Board at a later date, but she would like to go ahead and get it implemented as quickly as they can so they don’t lose any more staff.
Commissioner Zembower asked if any consideration was given to overall compensation packages, and Ms. Guillet answered not much. She added they basically just looked at salary; however, benefits are an element of the overall compensation study. Discussion ensued regarding benefits, and Ms. Guillet pointed out the County’s benefit package is pretty consistent with other local governments.
Ms. Guillet stated one of the issues that they are working on is establishing some internal training programs so staff can help people who are in the organization increase their credentials. Commissioner Zembower asked whether or not it increases compensation to go from a C license to an A license, and Ms. Guillet answered it does. She explained the tiered system where the employee receives a salary adjustment every time they get a higher license or a dual license. Terry McCue, Environmental Services Director, addressed the Board and explained the process of receiving operator licenses.
Chairman Carey advised the request before the Board is simply to make the adjustments to keep the County in the market to keep from losing employees until the complete compensation study is done.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to move forward as the County Manager has requested.
Districts 1, 2, 3, 4, and 5 voted AYE.
Ms. Guillet clarified this deals with the operations folks, but she doesn’t want other County employees to think that they aren’t looking at compensation across the board; this is just a critical issue so it has been accelerated for these operations positions. Upon Chairman Carey’s inquiry, Ms. Guillet stated the overall compensation study will finish up at the end of June and will be discussed as part of the budget process.
Ms. Guillet distributed a work session schedule (copy received and filed). She asked the Board to let her know if she needs to alter the schedule in any way. Chairman Carey advised if the Commissioners have a request to alter the schedule, send it through her office so the County Manager is only receiving it from one office.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to appoint Mark Oakes as the Fire Department Director.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY ATTORNEY’S REPORT
Mr. Applegate announced the Sanford Herald has asked for time to address the issue regarding tax delinquency sale notices and the publication thereof. He reminded it is his position that the Board can decide, under the current law, whenever they so choose, who publishes. He provided a brief history of the issue and advised the County has now been sued by the Sanford Herald after the Board’s decision to approve publishing in the Heritage Florida Jewish News instead of the Sanford Herald. To get the County out of the litigation, Mr. Applegate suggested the Board allow both papers, the Sanford Herald and the Heritage Florida Jewish News, to publish the tax delinquency sale notices. The Sanford Herald would agree to drop their lawsuit, and there would be no basis for a lawsuit from the Heritage Florida Jewish News. The Sanford Herald has agreed to reduce the publishing cost by reducing the font size.
Commissioner Lockhart asked what size the font would be reduced to, and Chairman Carey answered it would be reduced to the same size as what is being published in the Heritage Florida Jewish News. Mr. Applegate stated it is his understanding the Sanford Herald would agree to reduce the font size, which would reduce the amount of pages, which would reduce the cost; and they would drop the lawsuit pertaining to the County if the County agrees to publish in the Sanford Herald.
Bill Kirchhoff, Sanford Herald, addressed the Board and stated there were things stated several weeks ago that are inaccurate, so he would like to correct those statements. Joseph Rosier, Esquire for the Sanford Herald, addressed the Board and submitted several documents (received and filed) for the Board to review. Mr. Rosier explained the Sanford Herald brought Seminole County into the lawsuit with the Tax Collector due to the Board’s decision to publish in the Heritage Florida Jewish News instead of the Sanford Herald at the April 9 meeting. He discussed inaccuracies in the Tax Collector’s statement from that meeting including newspaper distribution and cost efficiency.
Mr. Rosier stated the Sanford Herald is requesting the Board to reconsider where they are publishing the delinquent taxes. Chairman Carey explained they are running out of time to decide where they are going to advertise because there is a time specific that the notices have to be advertised. She reminded that the Board took action at the last BCC meeting to approve the notices to be published in the Heritage Florida Jewish News. The resolution that is being recommended right now is to resolve a lawsuit and keep the County from entering into litigation. It was determined that an unidentified representative from the Heritage Florida Jewish News was present. Chairman Carey assured that next year this will be an RFP (Request for Proposal), and anyone with a qualifying paper will be able to submit a request.
Chairman Carey recessed the meeting at 3:25 p.m., reconvening at 3:32 p.m.
Mr. Applegate confirmed that both newspapers are papers of general circulation so they are not here to discuss that. He explained the Sanford Herald is willing to drop the lawsuit against Seminole County if the Board allows them to publish the notices. The reduced font size will reduce the cost of their original bid, and they will publish the tangible tax free of charge to the County. Commissioner Dallari asked if they would drop the lawsuit against the Tax Collector as well. Chairman Carey stated if the lawsuit isn’t dropped against all agencies of the County, the Tax Collector has to spend money to defend himself and that comes out of the fees he collects which go to the County as excess fees into their General fund; so they are talking about the same money. She asked if the Sanford Herald is willing to drop the lawsuit in its entirety. The Chairman voiced she is not willing to support the recommendation and spend the money advertising in both papers unless the lawsuit is going to be dropped against all Seminole County agencies. Mr. Rosier commented he isn’t sure if that is a decision they need to make today, and Chairman Carey explained why it is.
Chairman Carey asked again if the Sanford Herald was willing to drop the lawsuit in its entirety, and Mr. Rosier answered he will leave that to his client. The Chairman suggested he talk to his client while the Board continues the meeting, and they will revisit the conversation when they come to a decision. Mr. Kirchhoff advised he cannot drop the lawsuit. Chairman Carey explained the Board is trying to take action now to advertise in both newspapers, and both papers would receive their fees. They are making a decision to amend a decision that’s already been made, and they are doing that because they don’t want to be in a lawsuit with anybody because that money will come out of the taxpayers’ pocket. Chairman Carey asked for Mr. Rosier and Mr. Kirchhoff to make a decision while the Board continues their meeting.
Commissioner Constantine announced Soil and Water is going to be hosting the Association of Florida Conservation Districts on April 29.
Commissioner Lockhart discussed the Juvenile Justice Advisory Board meeting she recently attended and her tours of some Natural Lands facilities. She mentioned her participation in the Orlando’s Women’s Conference and announced an initiative created by Seminole County’s teacher of the year.
Commissioner Zembower stated he attended the Osceola State of the County luncheon and provided a summary of the topics they discussed. He met with Latisha’s House and briefly talked about the organization. Commissioner Zembower indicated he spent some time helping Public Works Director Jean Jreij with fleet maintenance and will be lending his expertise from his industry to try and help the County move fleet maintenance forward.
Commissioner Dallari advised he has been working with MetroPlan Orlando to figure out how to put together a task force regarding aggressive drivers.
Commissioner Dallari indicated he would like to get some more information about the Five Points design build. He asked if there were going to be three different companies bidding on it or if it is just going to be one selection through a qualification standpoint. Ms. Guillet confirmed three firms would be brought to the Board. She added the Board will prequalify the firms and will select whoever they want. Those folks will then take the design criteria that’s established, the Basis for Design, and bring back proposals based on that information.
Chairman Carey stated they don’t have to put all of that into the RFP; and if they only have five submittals, they could hear presentations from all five on their design-build concept. Commissioner Dallari confirmed with the Chairman that they will only pick one firm. Ms. Guillet clarified that the Board would prequalify; and then however many firms prequalified would take the Basis of Design and bring back proposals for the Board to select. Discussion ensued regarding the process.
Ray Hooper, Purchasing and Contracts Division Manager, addressed the Board and explained they are anticipating a design-criteria package to start the design-build aspect. Part of that, they were going to issue a design-build solicitation and go through a qualification to identify those firms (the design firm and the construction contractor that team together) that are the most qualified for this type of work. Then typically on a design build, you hand them the design criteria package and they start the 30% drawings. That was the typical process of the Board because the Board can choose whichever conceptual plan that they want and that’s typically the way it’s done, but there can be deviations. What staff thought of is that they typically need an oversight of a construction project of this magnitude, so the Board’s number one choice will get the contract for the design build, number two could be the construction administrative oversight for the design project, and number three would get the stipend of $10,000.
The Board and Mr. Hooper discussed other possible processes and why Mr. Hooper recommends the process he presented. Chairman Carey asked if the desire of the Board is to not do the 30% and do it just based on qualifications. Commissioner Dallari stated that’s what he thought they were doing, and Commissioner Zembower indicated that’s what he prefers to do. Mr. Hooper pointed out if they do it that way, financially, the Board will not know the price tag of the building; and they have engaged a contractor to start the design portion only to identify what the price tag is. Commissioner Zembower stated the Board has retained CGL, and they are going to provide the Board an estimate based on their study. Chairman Carey clarified CGL is going to bring the Board a design-criteria package that says, “You need 5,000 feet and 500 parking spots.” Then the idea is that whoever teams up will present to the Board a 30% conceptual plan, options for design, and some estimates for the Board to pick based on that information.
Commissioner Lockhart confirmed with Mr. Hooper that this is the process that he proposed to the Board at the last BCC meeting. She advised she supported that process and she is still in support of it. Commissioner Zembower stated that is not his understanding of what was happening. The scope that he has reviewed for CGL indicates they are going to provide material options on longevity, power-savings options, and they are going to be looking at everything. He asked why they would have CGL if they go with Mr. Hooper’s proposed process. Mr. Hooper explained CGL will be providing an estimate based upon a conceptual plan, not architectural drawings. The Board will get a precise price tag when they’ve engaged an architect to start designing what the building will actually look like and what will be in that building, and they will get all of the relatively hard bids with their subcontractors with real pricing on their conceptual plan presentation when they have that ready.
Chairman Carey stated the Board needs to be engaged early on in the process if they want to influence the outcome. If the Board wants to change the process on what they already decided to go forward with at the last BCC meeting, they are going to bring it back at the next meeting and talk about it. But right now, she thinks the majority is ready to move forward with the process that was selected at the last meeting. Commissioner Zembower advised at no time was he ever told the process that they allegedly approved meant that the number one firm would be the contractor, the number two firm would be the manager of that project, and the number three firm would just get a check for $10,000 for their troubles.
Chairman Carey asked how many people would want to stick with the process that Mr. Hooper just described that they approved at the last BCC meeting, and Commissioners Lockhart and Constantine indicated they do; Chairman Carey indicated she does. Chairman Carey announced the majority wants to stick with the approved process, so they will move forward; and she reminded this morning they approved the addition to get the design-criteria package.
Commissioner Dallari stated he has been working with various veterans groups in Seminole County, and there will be a Veterans Appreciation luncheon on June 26.
Chairman Carey discussed the renovations happening at the Orlando Sanford International Airport. In regard to the Central Florida Expressway Authority, the Chairman explained the visitor toll pass pilot program starting May 1. She announced the Boy Scout event at the Westin this Thursday. Chairman Carey reminded the Board of the granite paver program and indicated she wants the County to do a better job of promoting the program so people know it’s available.
Chairman Carey stated the County Manager and County Attorney review forms that were passed out a couple of weeks ago were not distributed with the intent of the Board filling them out but to get feedback on the form itself. She asked if the Board is satisfied with that process for the evaluation. Commissioner Dallari answered he is satisfied. Commissioner Lockhart stated she recently spoke to the County Manager and they talked about incorporating some specific, tangible, measurable things because everything on the forms is subjective. Chairman Carey asked for that to be finalized and get it to the Board by the next Board meeting so everyone knows what the judgment will be based on. She believes they will have another retreat to set very specific goals and objectives for the County. Ms. Guillet stated if any of the other Board members have a generalized goal, let her know so she can try to make it measurable. Chairman Carey asked Ms. Guillet to circulate some documents that she’s found in her research in case there is something on those review forms that a Board member likes and wants to have included as part of the review.
COMMUNICATIONS AND/OR REPORTS
RECEIVED FROM CHAIRMAN’S OFFICE
The following Communications and/or Reports were received from Chairman Carey’s Office and filed:
1. Letter and attachment dated March 26, 2019 to Chairman Carey from James Newlon, City Manager, City of Casselberry RE: Casselberry Community Redevelopment Agency Annual Report 2017-2018. C: Nicole Guillet.
2. Letter and attachment dated April 1, 2019 to Chairman Carey from Angela Apperson, City Clerk, City of Altamonte Springs RE: Voluntary annexation of properties contiguous to Altamonte Springs. C: Nicole Guillet.
3. Letter and attachments dated April 5, 2019 to Chairman Carey from Keith K. Glatz, Florida Association of Public Procurement Officials, Inc., RE: Excellence in Public Procurement & Best Practices Awards Program awarded to Seminole County Purchasing and Contracts Division. C: Ray Hooper.
4. Letter dated April 9, 2019 to Chairman Carey from Jason Siegel, CEO, Greater Orlando Sports Commission RE: acceptance of Ed Furey recommendation to GOSC Executive Board. C: Jackie Hayter, Orlando Health; Chris Carmody, GrayRobinson.
5. One postcard requesting Commissioners place a land buying program referendum on the 2020 ballot.
COUNTY ATTORNEY’S REPORT CONTINUED
In regard to the Sanford Herald lawsuit discussion, Mr. Applegate advised the Sanford Herald has agreed to dismiss the lawsuit not only against the County but the Tax Collector as well.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to advertise the tax delinquency sale notices in both the Sanford Herald and the Heritage Florida Jewish News.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Lockhart stated, as she read through the transcript from the last BCC meeting provided by Mr. Rosier, she noticed several times where Mr. Applegate was trying to allow County staff the opportunity to share what might have been a different perspective. It was interesting to her that as she read through it, that opportunity never seemed to quite present itself. Commissioner Lockhart expressed she views silence as consent, so it is really important for her to make sure that staff feels empowered because, regardless of what is being shared at the podium, if staff has knowledge or information that may be different, she expects to hear it before she makes a decision.
ITEMS FOR FUTURE AGENDA
Rose Ann Sloan, 1106 Woodbine Street, addressed the Board to discuss her passion for helping the homeless and suggested there may be more the County can do to help the homelessness issue. Commissioner Lockhart discussed many things the County does to address homelessness and asked her to reach out to her aide and the Community Services Director for more information.
Chairman Carey announced the Benefits Plan Design work session will begin at 4:30 p.m. and reminded that the Board will reconvene at 6:00 p.m. for public hearing Agenda Item #38.
Chairman Carey recessed the meeting at 4:21 p.m., reconvening at 6:00 p.m., with all Commissioners and all other Officials, with the exception Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Colón, who were present at the Afternoon Session.
PUBLIC HEARINGS (Cont’d)
Item #38 - Enclave at Alafaya SSFLUMP and PD Major Amendment/
Southern Investment Group, LLLP – 2019-0013 (Cont’d from 4/9/19)
Jennifer Sanders, RPR, Stenographic Court Reporter with U.S. Legal Support in Orlando; and Trey Sidebender, Digital Court Recorder with CourtScribes in Orlando, were present for this item only.
Matt Davidson, Planning and Development, displayed a PowerPoint presentation (received and filed) and addressed the Board to present the request as outlined in the Agenda Memorandum. Mr. Davidson stated the Applicant is proposing to mitigate the impacts of the proposed development by increasing the previously approved landscape buffers on the north and east from 10 feet to 20 feet, on the west from 15 feet to either 15 feet with a 6-foot masonry wall or 35 feet and a 6-foot fence, and on the south adjacent to Beasley Road from 15 feet to either an undisturbed 25-foot buffer with a 6-foot masonry wall or a 35-foot undisturbed buffer with a 6-foot fence. Parking along Beasley Road frontage and balconies facing external property lines will be prohibited.
Mr. Davidson explained the Applicant will need to secure approval from FDOT for the proposed connection to Alafaya Trail and the revised master development plan eliminates access off of Beasley Road. The Applicant has indicated that the multifamily development would not move forward if access to Alafaya Trail is denied. Per section 30.488 of the Seminole County Land Development Code, a PD major amendment would be required if FDOT denies access to Alafaya Trail because changing the access location is considered a substantial change to the planned development.
Mr. Davidson noted staff has received numerous letters of opposition to the request, as well as several petitions that are included with the agenda packet.
Commissioner Lockhart stated that comparing density with student housing like Riverwind or The Station at Alafaya is misleading because there can be four people in one unit, which can have a huge impact on traffic and parking. She questioned Mr. Davidson how they could fairly compare the density of student housing with multifamily. Mr. Davidson responded there is not a calculation in the current Land Development Code for student housing density. Chairman Carey commented there could actually be 400 occupants if there are 100 student housing units, which would change the density. She suggested that is something to be discussed going forward in the future.
Attorney Rebecca Wilson, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., on behalf of the Applicant, distributed proposed Revised Development Order #18-20500055 (received and filed) and displayed and reviewed a PowerPoint presentation entitled Enclave at Alafaya (received and filed). Commissioner Lockhart inquired if the Applicant had a percentage breakdown of the units that would be allocated for the different types of affordable housing. Scott Culp, the Applicant, responded the restriction that is written in the Development Order requires that it be built in accordance with the Federal Private Activity Bond Allocation that is issued through the Division of Bond Finance in Florida as a multifamily mortgage revenue bond. Under those restrictions, a minimum of 20% of the units have to be set aside for households earning less than 50% of the median income or a minimum of 40% of the units have to be set aside for households earning less than 60% of the median income; and they are allowed to work within that allowance so that there is a wide spectrum of affordability being served at different income levels.
With regard to public participation, the following spoke in support: Jeff Fagan, Orlando Regional Realtor Association, 1485 Travertine Terrace; Cliff Long, 1330 Lee Road; Deborah Poulalion, 1367 Cor Jesu Court; and Antonio Losavio, 5667 Elmhurst Circle.
The following spoke in opposition: Bill Hyde, 2379 Audley Street; Michael Bianco, 2315 Pennsylvania Avenue; Randolph Rader, 2371 Pennsylvania Avenue; Andrew Judd, 172 Smithson Drive (document received and filed); G. Lea Rader, 2371 Pennsylvania Avenue; Liz Aulin, 2389 Pennsylvania Avenue (document received and filed); Cecil Roberts, 2393 Pennsylvania Avenue (documents received and filed); Debbie Roberts, 2393 Pennsylvania Avenue; Ben Bianco (minor) (documents received and filed); Robert Maret, 2361 Pemberton Street (document received and filed); Prasad Chittaluru, 270 Lake Drive; Jim Hoffman, 2301 Beverly Street; Guang Zou, 2235 Pennsylvania Avenue (documents received and filed); Anne Gaither, 2348 Pine Street (documents received and filed); Phillip Gaither, 2348 Pine Street (documents received and filed); Dale Johnston, 221 Burnsed Place; Fada Miller, 185 Burnsed Place; Shari Gamewell, 177 Burnsed Place (documents received and filed); Tami Gillen, 185 Burnsed Place (documents received and filed); James Donaldson, 424 Wilmington Circle; Dan Cooney, 2828 Lexington Court (documents received and filed); Ken McPherson, 216 Smithson Drive (documents received and filed); Daniella Yanes-Nadal (minor); Ashley Sundman-Wheat, 2005 Chapman Oaks Drive; Kristina Vavrek, 432 Wilmington Circle; Jeremy Garren, 2236 Pennsylvania Avenue (document not received); Lawrence Cass, 2358 Beverly Street (documents received and filed); and Wendy Raduan, 1904 Ayrshier Place.
The following written public comment forms in opposition were submitted: Lesley Nadal, 2833 Lexington Court; Rodger Smithson, 224 Smithson Drive; Donna Smithson, 224 Smithson Drive; Eileen Meyer, 260 Easton Circle; Shelly Whidden, 130 Smithson Drive; Donna Hickson, 180 Lake Hayes Road; Bryant Hickson, Jr., 180 Lake Hayes Road; Benne Wainright, 165 Lake Hayes Road; Spencer Smith, 472 Wilmington Court; Julie Carrington, 125 Lake Drive; Elizabeth Gilson, 115 Lake Drive; and Richard Gilson, 115 Lake Drive. Public comment forms received and filed.
No one else spoke in support or in opposition and public input was closed.
Districts 1, 2, 3, 4, and 5 submitted ex parte communications regarding this item only (received and filed).
Chairman Carey recessed the meeting at 8:22 p.m., reconvening at 8:29 p.m.
Commissioner Dallari clarified with Ms. Wilson that the Applicant will not be building on any adjacent HOA-owned parcels.
Chairman Carey compared the proposed 92-unit multifamily development with the 131,000 square feet of commercial or assisted living facility that is already approved. The Chairman clarified with Mr. Davidson the multifamily would not be able to be built if they do not get DOT approval for the Alafaya access. Commissioner Zembower requested Mr. Davidson review the proposed setbacks again. Commissioner Lockhart clarified for the Board the school capacity, concurrency service areas, and the current Interlocal Agreement with the School District. She opined the concerns are at the elementary level in this part of town.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to deny the request to adopt a Small Scale Future Land Use Map Amendment from Planned Development (PD) to Planned Development (PD), and a Rezone from PD (Planned Development) to PD (Planned Development) to allow for the addition of multifamily use on 4.61 acres, located on the northeast corner of Alafaya Trail and Beasley Road; (Z2018-060), as described in the proof of publication, Southern Investment Group, LLLP, Applicant.
Under discussion, Commissioner Constantine stated he is very concerned about workforce development. He is also concerned about the density of this project and would be more inclined to approve a lower density as opposed to just denying.
Chairman Carey clarified the Development Order has addressed the issue that this could not be full-time student housing, and she does not think there has been an issue for Lynx in this area. She expressed the location of workforce housing scattered throughout the county is important.
Commissioner Zembower commented Florida is going to grow by 5.2 million residents by 2030, and Seminole County's population is expected to grow by almost a quarter of a million people by 2030. There is a rural boundary approved by the voters which is approximately a third of the county. Seminole County is the third or fourth densest populated county but the third or fourth smallest in land mass. The Commissioner stated there is a workforce housing issue, and this is the right element and the right place.
Commissioner Lockhart stated there is a struggle locally with affordable housing, accessory dwelling units, and density. The density in the urban areas is going to have to increase, especially in order to maintain and protect the rural boundary. She opined if they are not willing to commit to increasing density in the areas where it is designed to go, then they need to reevaluate what the future plans are for this county.
District 1 voted AYE.
Districts 2, 3, 4, and 5 voted NAY.
Motion failed for lack of a majority vote.
Motion by Commissioner Constantine to adopt a Small Scale Future Land Use Map Amendment from Planned Development (PD) to Planned Development (PD), and a Rezone from PD (Planned Development) to PD (Planned Development) to allow for the addition of multifamily use on 4.61 acres limited to 15 units an acre, located on the northeast corner of Alafaya Trail and Beasley Road; (Z2018-060), as described in the proof of publication, Southern Investment Group, LLLP, Applicant.
Chairman Carey called for a second to the motion twice without response, whereupon the motion died for lack of same.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to adopt a Small Scale Future Land Use Map Amendment from Planned Development (PD) to Planned Development (PD), and a Rezone from PD (Planned Development) to PD (Planned Development) to allow for the addition of multifamily use on 4.61 acres, located on the northeast corner of Alafaya Trail and Beasley Road; (Z2018-060), as described in the proof of publication, Southern Investment Group, LLLP, Applicant.
Districts 2, 4, and 5 voted AYE.
Districts 1 and 3 voted NAY.
Motion passes 3 to 2.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:58 p.m., this same date.