BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
June 12, 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, June 12, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
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
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Eric Allen, The Open Door Church, Sanford, gave the Invocation. Edward Burford, Veterans Services Officer, led the Pledge of Allegiance. Chairman Horan stated that Governor Scott has declared today as Pulse Remembrance Day. He noted this is the second anniversary of the horrible incident that occurred in Orlando and asked for a moment of silence in remembrance of all the people who were lost at Pulse and also all of those still suffering today.
The Business Spotlight video for RINI Technologies was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-0762
Motion by Commissioner Henley, seconded by Commissioner Carey, to approve a Proclamation recognizing Captain Richard “Robbie” Roberts, United States Navy, as the June 2018 Veteran of the Month.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Burford accepted the Proclamation on behalf of Captain Roberts. He explained that Captain Roberts is 104 years old and is due to be released from the hospital today. He said he will present the Proclamation to him next week and invited the Commissioners to join him.
Agenda Item #2 – 2018-0764
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve appropriate Resolution #2018-R-72 recognizing Randy Berridge, President of the Florida High Tech Corridor Council, as Leadership Seminole’s 2018 Legend.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Berridge addressed the Board to express his appreciation.
COUNTY MANAGER’S CONSENT AGENDA
County Manager Nicole Guillet advised there are two add-on items, #2A and #2B, which are amendments to the appropriations contracts for the Juvenile Assessment Center and the CAD Project. These were appropriations they received in the Legislative Session of 2017 and both of these items extend the time period in which the County has to utilize those funds.
Commissioner Carey pulled Item #5 in regard to the Building Division’s request for new positions for separate discussion.
With regard to public participation, no one in the audience spoke in support or in opposition to Items #2A through #25, and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to authorize and approve the following:
County Manager’s Office
2A. Approve and authorize the Chairman to execute the Addendum Memorandum of Agreement between Seminole County and the State of Florida, Department of Juvenile Justice, for Legislative General Appropriations Act 2017/18, which extends the agreement project completion date to December 31, 2019. (2018-0793)
2B. Approve and authorize the Chairman to execute Amendment #1 of the State-Funded Grant Agreement (DMS-17/18-017) for the Computer Aided Dispatch (CAD) project between Seminole County and the State of Florida Department of Management Services, for Legislative General Appropriations Act 2017/18, which extends the agreement to September 30, 2018. (2018-0794)
Community Assistance Division
3. Approve and authorize the Chairman to execute the Early Learning Coalition of Seminole CSBG Child Care Services Subrecipient Agreement for Program Year 2017/18 in the amount of $52,396 to provide extended before-and-after-school day care and summer day camp. (2018-0741)
Planning & Development Division
4. Approve the plat for the Serenity Cove subdivision containing seven (7) lots on 4.94 acres zoned PD (Planned Development), located on the west side of Orange Boulevard, south of W. Sylvan Lake Drive; Park Square Homes, Applicant. (2018-0700)
5. Pulled for separate discussion by Commissioner Carey.
6. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-73 and a Local Agency Program (LAP) Agreement with the State of Florida, Department of Transportation (FDOT), relating to the reduced federal CEI funding by ($11,201) to contract award amount of $264,934, and add local funding in the amount of $103,373 to the construction phase to cover the shortfall between the construction award amount of $2,399,477 and the federal funding amount of $2,296,104, for the CR 46A (W. 25th Street) Intersection Improvements from west of Ridgewood Avenue to east of Marshall Avenue. (2018-0735)
7. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-74 and a Local Agency Program (LAP) Supplemental Agreement #1 with the State of Florida, Department of Transportation (FDOT), relating to the reduced federal CEI funding by ($11,459) to contract award amount of $11,851, and add local funding in the amount of $12,524 to the construction phase to cover the shortfall between the construction award amount of $110,749 and the federal funding amount of $98,225, for the CR 46A (W. 25th Street) Sidewalk Project from east of Old Lake Mary Road to west of Club Road. (2018-0728)
8. Approve and authorize the Chairman to execute the acceptance of a Sidewalk and Utility Easement donated by Wal-Mart Stores East, LP to Seminole County for the construction and maintenance of a sidewalk and utilities along a portion of Deep Lake Road. (2018-0761)
9. Approve and authorize the Chairman to execute Amendment No. 2 to DEP Agreement No. S0636 with the State of Florida, Department of Environmental Protection, for the FDEP Black Hammock Stream Restoration Grant Agreement for a no-cost time extension. (2018-0756)
Budget & Fiscal Management Division
10. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-75 implementing the Budget Amendment Request (BAR) #18-063 through the Public Safety Grants Federal Fund in the amount of $9,900 for the capital purchase of a Toxic Vapor Analyzer for Fire/EMS/Rescue. (2018-0744)
11. Approve and authorize the Chairman to execute a Cost-Share Agreement with the St. Johns River Water Management District (SJRWMD) Cost-Share Grant in the amount of $25,000 for the Water Conservation Visualization Program Tool, H2OSAV. (2018-0747)
12. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-76, Establishment of Annual MSBU Non-Ad Valorem Assessment Rates, confirming the non-ad valorem variable rate assessments for tax year 2018. (2018-0767)
Purchasing & Contracts Division
13. Award CC-1875-18/TAD, Construction Services Agreement, Electrical Upgrades for Future Portable Generators, in the amount of $397,052.82 to CTR III Enterprise, Inc. d/b/a Control Engineering Group, Apopka; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-0757)
14. Award RFP-603140-18/BJC, Code Enforcement Special Magistrate Services, to Romano Kopp Law, P.A., Oviedo, at the hourly rate of $150; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-0768)
15. Approve an increase to the Board-approved Estimated Annual Usage for PS-0157-15/AMM, Landfill Gas Management Engineering, Permit Compliance and Field Services, by an additional $205,000 for the remainder of the current agreement, period ending August 24, 2018. (2018-0746)
16. Approve Change Order #2 to CC-1099-16/RTB, Yankee Lake WRF Renewal and Rehabilitation, with Wharton Smith, Inc., Sanford, in the amount of $93,429.75; and authorize the Purchasing & Contracts Division to execute the Change Order. (2018-0734)
17. Approve Work Order #53 (Vulnerability Assessment for SCESD Water and Wastewater Systems) under PS-8186-13/DRR, Continuing Engineering Services for Utility Improvement Projects, with Hazen and Sawyer, P.C., Orlando, in the amount of $208,111.60; and authorize the Purchasing & Contracts Division to execute the Work Order. (2018-0759)
18. Approve Work Order #54 (Lake Harriet Water Main Distribution Upgrades) under PS-8186-13/DRR, Continuing Engineering Services for Utility Improvement Projects, with Atkins North America, Inc., Orlando, in the amount of $397,627; and authorize the Purchasing & Contracts Division to execute the Work Order. (2018-0760)
19. Approve Amendment #2 to RFP-601670-13/TLR, Medical Director Services Agreement, with Todd M. Husty, DO PA, Oviedo, with the estimated annual amount of $248,471.52, plus an annual increase not to exceed 3%; and authorize Purchasing & Contracts Division to execute the Amendment. (2018-0749)
20. Approve Sole Source Procurement SS-603184-18/ESN, Sim Manikins Baby/Junior and related components, with Laerdal Medical Corporation, Wappingers Falls, NY; waive the competitive procurement process; and authorize the Purchasing & Contracts Division to issue Purchase Order(s) in the amount of $99,231.16. (2018-0752)
21. Approve Amendment #1 to Work Order #72 (Rinehart Road Resurfacing and Sidewalk Project) under PS-8148-12/JVP, CEI Services for Construction Projects Under $2,000,000, with CDM Smith, Inc., Maitland, in the amount $14,900.20; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (2018-0745)
22. Award RFP-603138-18/GCM, Term Contract for Soldier’s Creek Nutrient Reduction Facility Inspection and Maintenance Services, to Analytical & Diagnostic Services, LLC, Winter Haven, with the estimated amount of $27,500 annually; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-0755)
23. Approve Mutual Termination of Investment Advisory Services Agreement under RFP-602909-17/BJC with Public Trust Advisors, LLC, Orlando; and authorize the Purchasing & Contracts Division to execute the appropriate documents. In addition, approve second-ranked vendor, First Southwest Asset Management, LLC, Dallas, TX, for award under RFP-602909-17/BJC, Investment Advisory Services Agreement, in the amount of $78,000 per year in monthly installments of $6,500; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-0769)
24. Award RFP-603036-18/BJC, Legal Services Agreement for Worker’s Compensation Insurance Claims and Litigation Services, to Broussard, Cullen & Blastic, P.A., Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-0751)
25. Award RFP-603113-18/BJC, Legal Services Agreement for Tort Litigation, to Dean, Ringers, Morgan & Lawton, P.A., Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-0753)
Districts 1, 2, 3, 4 and 5 voted AYE.
Consent Agenda Item #5 – 2018-0057
Commissioner Carey stated this item is a request from the Building Division for 12 new positions, with 9 to be funded now and 3 to be held until such time as they might be needed. She opined that their turnaround times here are very short as compared to the surrounding areas. In 2004/05 when they were at their peak, they did over 104,631 inspections, 40,909 permits, and they had 51 employees in the department. Today they have 43 employees and she said they are asking for 9 more which would put them over 52. She added by their own projections in 2020, they will have 12,000 less inspections and 11,800 less permits.
Commissioner Carey indicated she questioned the need for that many new positions considering the volume is less and they’ve instituted ePlan and there are supposed to be efficiencies with the cost they expended for that. She understands the money is in the 104 Fund to do this but that is not the point. She opined it is very difficult when they go through an economic downturn and as a Commissioner then have to eliminate positions like they had to in 2006 and 2007.
Commissioner Carey pointed out in the backup she was given yesterday, it shows four inspector positions were changed from inspector to plans examiner so they could do both inspections and plan review. She said if they have a shortage of inspectors who have to have required licenses and things like that, she thinks they would take anybody that has any required licensing and try to put them in the field to address the inspector issues. She noted she would prefer to see positions come during a budget discussion. She talked about the 11 million dollar hit to their budget they will probably take if the additional homestead passes. She feels to add more people than they had at their peak when they are going to be doing less work, she cannot support it without further understanding it. She prefers to see it come back at budget time.
Commissioner Henley noted he had a lengthy discussion with staff yesterday in regard to this recommendation and he has some of the same concerns that Commissioner Carey has mentioned. He expressed the 104 Fund is healthy; they have $2.8 million in there right now. He said they ran into this same situation a number of years ago when they were continually getting complaints from developers about them not being able to get their inspections done. At that time, the Board voted to hire nine new people and then after the peak was over a few years later, they had to lay those people off. Also, he remarked according to the way this is written, it gives staff the decision as to when these people would be employed, and that concerns him. He is not opposed to adding people as the need arises. He reiterated that back then he was inundated with complaints and phone calls constantly from the developers because they couldn’t get the permits and so forth done because they were swamped, but he has not had one call yet from a developer complaining about the time to get the inspection approval. He would like for the Board to have a little tighter control of this and add people as needed, and they ultimately might be at 12, but he does not think there is a need to hire them until the crunch is there and he hasn’t heard that yet. He said he has reservations regarding the way this is to be implemented.
Commissioner Dallari asked staff to walk them through the proposal because he has received a couple of phone calls regarding inspections. He confirmed staff has taken this through their ad hoc committee of developers.
Jody Doyle, Building Division Manager, addressed the Board to explain that what brought this on was in coming into the division as the manager, she took a look at each functional area in depth and saw where there needed to be efficiencies gleaned. She noted she went back to the peak in 04/05, and that time frame was also when the hurricanes occurred. In each functional area they had inspections that continue to exceed what the ISO recommendations are of probably no more than 15 inspections per day per inspector. She advised they continually exceed that; they are into the 22-24 range. In January through March they were even higher than that due to being inundated with reroofs, so they did make an adjustment there to change their procedures and use a dry-in affidavit to help get the numbers down. It was a reluctant decision because they want to make sure they are doing excellent quality work for the citizens of Seminole County. The reason for this request in the inspections area is to get the ISO rating down where they need it to be, and that will allow for cross training among the inspections team and for much greater work in the area of inspections where the inspectors will not feel as though they are hitting the site and rushing through. They want good quality inspections so that the structure is stable.
Ms. Doyle stated in regard to plan review, the 3-5 and 7-10 days was back then. They are now pushing for commercial upwards of 30 days or more sometimes to get the first review done; it does depend on the scope of work. They do try to get same-day permits out. The inspectors also being plan reviewers was a two-fold decision partly because they wanted to go ahead and use the abilities of those inspectors that have the licenses to be able to do the more simplified reviews in the field when they are in between stops on their inspections. They can go into the ePlan system and do some reviews. When they didn’t have ePlan, the inspectors would have to come in the office for a half day several days throughout the week. Since they have gone to ePlan, they are doing them remotely from the field as their Wi-Fi capabilities allow.
Ms. Doyle stated with the technology and the changeover to technology, there is the thought that things will become more efficient, and she said she does believe they will get there. They have a couple of projects on the horizon and there is one they are referring to as Easy Permits and they are trying to get to the end result that would make same-day permitting essentially almost completely handled by the contractor through a web portal. In terms of that plan review, the Division will be alleviated to some degree, again, to be able to focus on the quality of their plan review, which has been lacking in the ability to do that because of the volume coming in, and ISO also has a rating for that. They have one to two new commercial projects per week and they also have the additional reviews that they do related to things that come through for DRC. They have such a wide variety of responsibilities including floodplain review and that type of thing under the plan review umbrella. She expressed she feels strongly that there are these needs.
Ms. Doyle explained she went back to 04/05 to show the pattern; the launching off point for the recovery happened in 08/09. She felt the 04/05 time frame was a stable workflow indicator to utilize to show how things have gone from a peak to again a peak. When you take a certain volume amount of permits coming in for staff to be able to do them, there is only so much people can get done in a given day. She went back after having spoken with Commissioner Carey and she did the same calculations on the permits and inspections chart, and if she goes back to 04/05 with 51 staff that would have been 802. The very next year with 54 staff it would have been 497 permits per person. Right now with the 17/18 numbers, they are at 636 per employee per year.
Chairman Horan stated in regard to the 17/18, he assumes year-to-date numbers, if she is saying that the number on the chart is 442 and that was the forecast at the time. He asked if that number has gone from 442 to an actual number of over 600. She explained on the chart called Inspections and Permits, utilizing that chart, it ends up being 636 using the actuals. Chairman Horan said then there has been an influx of permits very recently.
Chairman Horan said there were 51 employees in 04/05 and the permits per employee were 417. In FY 16/17, the permits were 487, and in 17/18 the permits per employee were 442. He asked if Ms. Doyle is saying that the recent influx takes that up over 600. Ms. Doyle replied no, that is not correct. She explained there are differences in the way she attempted to show the workload indicators. Chairman Horan stated if you take actual experience and compare what 17/18 is right now and compare it to 04/05, it is 442 today and it was 417 in 04/05. He added that in 05/06, the County hired 3 people bumping the number from 51 employees to 54 employees, and the number dropped from 417 to 261. He expressed that what they are trying to do here is hit the “sweet spot.” They are trying to figure out what is the number of employees that they need so that there is a constant workflow that is manageable without overstaffing for a bulge, because they all know that building permits and development can radically change and go up and down. Ms. Doyle agreed. Chairman Horan remarked if they went from 51 to 54 from 04/05 to 05/06, and they are at 43 right now and at 442 permits, is there some way they could hit a “sweet spot.” Can they approve some now and then leave the rest for their budget consideration.
Commissioner Constantine stated it is not just hitting the “sweet spot,” it is being very judicial in putting in that many new people at one time with the training involved and also seeing how those people interact with the others and to see how you can juggle the team. Chairman Horan added they may not be able to even find 12 qualified people. Commissioner Constantine agreed saying that is because they are all in the private sector making a lot more money. He suggested maybe hiring four now to see how that works and then during the budget process, the County Manager can come back if she feels the rest still needs to be put in. Maybe they could do some at the time of budget, maybe some later, or maybe they don’t need as many once they get those four into place.
Commissioner Henley noted that this is a five-year plan and a lot of things can happen within a five-year period, some that even might require more than they projected. But at the same time, it could be considerably less. He indicated that is what concerns him; they are being asked to budget now for a five-year plan. He expressed the plan is very well done. He agrees, however, they need to look at what the “sweet spot” is now. They can go ahead and hire some now and others as the need arises. He added it is his understanding that staff issues over 30 different types of permits. He thinks they need to ease into this. The Chairman agreed.
Commissioner Carey indicated this is not just about the new positions because this action also has salary implications and vehicles. They are proposing budget revisions and market adjustments to the salaries. She opined this should have been a midyear budget adjustment or talked about during the budget process. She would just like to understand more about it and have an opportunity to discuss it with her colleagues which she can only do at a workshop, and there is a budget workshop right around the corner. She stated that Ms. Doyle did a wonderful job in preparing the information and responding to her questions. She would like to see an Org Chart to see where these positions are going.
Chairman Horan questioned if the $297,651 that is proposed for this Budget Amendment will come out of fees. Ms. Doyle replied ultimately everything to do with the Building Division comes out of the 104 Fund, so that is correct, yes. It would not be a hit to reserves. Chairman Horan said he wants the public to understand that this is not General Fund; these are permit fees and other fees that they collect from people who are getting the permits, so consequently it should be from a General Fund or tax revenue point of view, a revenue-neutral situation. But they want to make sure that they are getting just enough from the public to pay for what it is and they don’t have a shortfall or an overage.
Commissioner Dallari thanked staff for putting this together. He has heard from several developers and contractors about the issue of not getting their plans in and out quickly enough. He wants to make sure that staff realizes that they are trying to help them and identify what the issues are. He expressed that inspections are also very important and with all the new regulations that are involved, inspections are getting more and more complicated. Looking at 04/05, they had 51 people and they did a total of 417 permits. Now in 17/18, they have 43 people which is drastically lower. He asked if the 442 per individual is calendar year or fiscal year. Ms. Doyle responded the numbers are based on fiscal years. Commissioner Dallari explained he brings that up because they are higher than they were in 04/05 and he wants to make sure that whatever they do, they are bringing in the right amount of people. He opined the real issue is getting inspections and permits done effectively and efficiently so that those projects can go on the tax rolls. That is what is holding everything up and that’s what is really needed. He is okay with approving some of it today and having a work session so they can all understand it. He wants to make sure as they move forward that they are expediting these projects quickly and effectively enough that the inspections are done right and they have enough staff to get them done. Chairman Horan noted he went about three or four years without any phone calls about slowness but in the last couple of years, he has been getting those phone calls.
Commissioner Henley noted that when he met with staff yesterday and asked how much is in the 104 Fund, they said there is $2.8 million. When he asked after funding this what would be the balance, he was told $297,651 would be the balance of the fund but he does not know whether that number includes reimbursing the General Fund from when they subsidized them. He does not know whether they have been paid back in total yet and would like to have that clarified.
Chairman Horan recalled they made an adjustment in all of their fees several years ago to make sure that they cash-flowed the operations of the Building Department. He presumes that between 2007 and 2010, they probably were subsidizing the Building Department. Commissioner Carey repeated the question about repayment. County Manager Nicole Guillet stated she does not know but during the downturn, General Fund subsidized the Building Division operations to the tune of almost $1 million over that time frame after they had worked through the Building reserves that were in place at the time. She said she does not know that they have ever done an adjustment to move that money back into the General Fund.
Ms. Guillet stated there is a healthy reserve. As the Board will recall, when they adjusted the Building Division fees a few years ago, they did that in concert with the Developers Advisory Board. One of their goals was to make sure they had a sufficient reserve so should they hit another bump, they wouldn’t have the need to subsidize that division with General Fund dollars. She said she is not a fan of bringing forward midyear personnel changes but they decided to bring it to the Board now because of the concerns they are hearing from the development community. There was a great deal of insistence from the development community that they address this issue now. There is a perception that they are waiting too long to get their permits and they are waiting too long to get their inspections.
Ms. Guillet advised they’ve had a problem in the last several years that they get to a critical point and suddenly they are scrambling around trying to get new staff into the Building Division and they are trying to avoid that with this plan. Several months ago they brought forward a Budget Amendment to provide some money to outsource and to bring in some building inspectors from an outside consulting agency. They were unsuccessful because no one has any staffing available. They were unable to secure anybody because there is such a demand right now in both the private sector and the public side. They were competing with a number of different agencies for staff. They are hiring people only to get them trained for a couple of months and then have them leave to go somewhere else, so there was a great deal of effort that went into the market adjustment.
Ms. Guillet stated she understands the Board’s concerns because it is a significant number of people to bring in midyear. She is hearing the Board saying they think it is probably too ambitious and she can appreciate that. She added if they are inclined to do some sort of partial approval that they not do that today and give them an opportunity to bring back a revised proposal at the next meeting because there are a number of different positions proposed. There are inspectors and permit techs and plan reviewers and they all sort of work in concert. So they can load up on inspectors but if they don’t have the plan reviewers or the permit techs to process them, it may be for naught. If the Board is inclined to consider this in a less ambitious fashion, she is asking they allow them to revisit it and bring it back to them with their comments in mind.
Commissioner Carey stated she asked the question yesterday of what is the turnaround time. She repeated she would like to see an Org Chart and also, she would like to see how many are inspectors and how many are permit techs and how many have a dual license. The answer she got was that the turnaround time was 3-5 days for residential and 7-10 days for commercial. Ms. Guillet explained that is their aspirational turnaround time and not the actual turnaround time. Ms. Doyle advised 04/05 was 3-5 and 7-10 days, and the current turnaround time is upwards of 7-10 for residential, sometimes more, and 10-12 and 30+ for commercial, again depending upon the scope. Commissioner Carey said they are still doing next-day inspections and they are still able to call in and pay additional for after-hours inspections.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to continue to June 26, 2018, in order for staff to bring back a proposed phase plan, the request to approve 12 positions, approve market rate payband reclassifications, and market rate adjustments in the Building Division; and approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #18-057 through the Building Fund in the amount of $297,651, to recognize revenues and to appropriate the budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the following:
26. Approve Expenditure Approval Lists dated May 7 and 14, 2018; and Payroll Approval List dated May 3, 2018; and the BCC Official Minutes dated April 24 and May 8, 2018; Clerk and Comptroller's "Received and Filed" is for information only. (2018-0750)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Denial of Vesting Certificate #18-01800019, for the project known as Evergreen Property; William H. Schaub and Evergreen LLC.
2. Quitclaim Deed for sidewalk corner; Sanlando United Methodist Church, Inc., Grantor.
3. Maintenance Bond (Private Road) #0111958 for the project known as Lake Florence Preserve, in the amount of $50,398.16 with General Purpose Rider; K. Hovnanian Homes.
4. Maintenance Bond (Streets, Curbs, Drains) #0111957 for the project known as Lake Florence Preserve, in the amount of $6,286.06 with General Purpose Rider; K. Hovnanian Homes.
5. Maintenance Bond (Right-of-Way) #60126200 for the project known as Clifton Park Phase 2, in the amount of $77,524.39; Beazer Homes, LLC.
6. Approval Development Orders #18-30000030, 2353 Sunderland Road, Derick Taylor; #18-30000029, 1150 Arden Street, Ruth Elopre; #18-30000032, 7028 Arbor Court, William L. and Cynthia L. Mitchum, #18-30000027, 1100 Oranole Road, Dragana Paukovic; #18-30000031, 400 W. Orange Street, Mark Pennington.
7. Denial Development Orders #17-30000125 and #18-33000001, 800 Winona Drive, Jade C & D Inc.
8. Developers Commitment Agreement #17-20500042, Allure on the Parkway PD Phase 1; Carriage Encore II, LLC and SMH Development, LLC.
9. Developers Commitment Agreement #17-20500036, 717 Monroe Road, Sanford; Von Companies II, LLC.
10. Community Services Block Grant (CSBG) Training Provider Agreements (2) for Program Year 2018/19 with Truck Driver Institute of Florida, Inc. and AAA School of Dental Assisting, Inc.
11. Tourist Tax Funding Agreement with Atlantic Coast Baseball LLC for the Cap Classic @ Orlando.
12. Tourist Tax Funding Agreement with The Baseball Factory, Inc. for the 2018 Under Armour Spring Classic National Showcase.
13. Parks Contracts for Services with Leonard Perez, Brian Vargas (Tennis), and Joseph Goyette.
14. Amendment #1 to Work Order #17 to RFP-0336-15 with Site Secure, LLC; a Miller Electric Company.
15. Amendment #1 to Work Order #2 to PS-0426-16 with England-Thims & Miller, Inc.
16. Closeout to CC-1219-17 with Tyrell Enterprises, LLC.
17. Work Order #3 to RFP-1294-17 with BSE Construction Group, LLC.
18. PS-1299-17, Master Agreement with England-Thims & Miller, Inc.; as approved by the BCC on September 26, 2017.
19. Change Orders #1 and #2 to CC-1439-17 with West Construction, Inc.
20. Change Order #3 to CC-1458-17 with Linton Enterprises, Inc.
21. Work Order #2 to PS-1522-17 with Tierra, Inc.
22. PS-1802-18, Master Services Agreement with Kittelson & Associates, Inc.; as approved by the BCC on April 10, 2018.
23. CC-1831-18, Construction Services Agreement with Construction Partners, LLC.
24. Amendment #5 to Work Order #51 to PS-4388-09 with Inwood Consulting Engineers, Inc.
25. Amendment #4 to Work Order #33 to PS-5190-05 with CH2M Hill Engineers, Inc.
26. Work Order #47 to PS-8186-13 with Reiss Engineering, Inc.
27. Work Order #26 to PS-8286-13 with Kittelson & Associates, Inc.
28. Amendment #2 to Work Order #3 to PS-8827-13 with Metric Engineering, Inc.
29. Closeout to Work Order #36 to CC-9192-13 with M&J Enterprises International, Inc.
30. Amendments #1 and #2 to Work Order #6 to PS-9742-14 with CH2M Hill Engineers, Inc.
31. Amendment #4 to Work Order #1 to RFP-9948-14 with CH2M Hill Engineers, Inc.
32. Bids as follows:
CC-1291-17 from Tyrell Enterprises, LLC; Linton Enterprises, Inc.; Glen Holt Aluminum, LLC; Corinthian Builders, Inc.;
CC-1831-18 from Construction Partners, LLC; Hiatt Construction, LLC; Evergreen Construction Management; EPS Contractor Group, Corp.; S.A. Casey Construction; and
BID-603156-18 from Alshouse & Associates, LLC.
COUNTY INVESTMENT ADVISOR REPORT
Ms. Guillet advised they will be bringing something to the Board on the County Investment Advisor Report in two weeks. Chairman Horan added they have had some very productive discussions with the Clerk recently and he believes they will be able to have a productive consultation with the new investment advisor.
Chairman Horan announced they have an Executive Session scheduled after the BCC afternoon session.
Chairman Horan recessed the meeting at 10:30 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 Farrell, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
CELERY AVENUE RIGHT-OF-WAY VACATE/
Archie and Debbie Smith
Agenda Item #27 – 2018-0572
Continuation of a public hearing from March 27, 2018; April 10, 2018; and May 22, 2018, to consider vacating and abandoning a remnant piece of the public right-of-way known as Celery Avenue, as recorded in Road Plat Book 1, page 47, in the Public Records of Seminole County, Florida, for property located at the intersection of Celery Avenue and East SR 415, Sanford, Florida, as described in the proof of publication, Archie and Debbie Smith.
Chairman Horan stated he understands this item may be continued again. Angi Kealhofer, Planning and Development Division, addressed the Board to inform them that staff and the Applicant are requesting this item be continued until June 26. Commissioner Carey noted they have continued this item several times. She asked if they are confident that they will be ready by the next meeting. Ms. Kealhofer answered she would have to refer that question to the Public Works Department. Nicole Guillet, County Manager, stated staff is working on some easement issues and they are hopeful they will be resolved by the next meeting. Commissioner Carey responded she wants to make sure there is plenty of room for the trail and drainage.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue to June 26, 2018, at 1:30 p.m., or as soon thereafter as possible, the request to adopt a resolution vacating and abandoning a remnant piece of the public right-of-way known as Celery Avenue, as recorded in Road Plat Book 1, page 47, in the Public Records of Seminole County, Florida, for property located at the intersection of Celery Avenue and East SR 415, Sanford, Florida, as described in the proof of publication; Archie and Debbie Smith, Applicants.
Districts 1, 2, 3, 4 and 5 voted AYE.
CAMERON HEIGHTS VILLAGE B PD MAJOR AMENDMENT
AND REZONE/Elite Trust and Escrow Company, LLC
Agenda Item #28 – 2018-0017
Proof of publication calling for a public hearing to consider adopting an ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development) and approve the associated Development Order and Master Development Plan for approximately 27.52 acres, located on the east side of Sipes Avenue, approximately ½ mile south of Celery Avenue, Elite Trust and Escrow Company, LLC, received and filed.
Rebecca Hammock, Planning and Development Division, addressed the Board and reviewed the item as outlined in the agenda memorandum. She added the Master Development Plan indicates that the development will be gated and the plan provides adequate buffers between the subject property and the surrounding developments. She noted the Planning & Zoning Commission met on May 2 and voted five to one to recommend that the BCC adopt the ordinance. Ms. Hammock advised staff recommends adoption as well.
Commissioner Carey stated the access for this is going to be on Sipes Avenue. She asked if they will have to bring Sipes Avenue up to County standards from Celery Avenue. She noted a lot of Cameron Heights is coming through another access point, but this particular one fronts on Sipes Avenue. Ms. Hammock answered language was added to the Development Order that states any access points that are on County roads that aren’t up to County standards will have to be brought up to County standards from the nearest County-standard road.
Kathy Hattaway, Poulos & Bennett, 2602 East Livingston Street, addressed the Board and stated she is in agreement with the staff report. She added there is a left-turn lane that is required as part of the roadway improvements for the project that will be constructed. And while they are requesting a minimum lot width of 50 feet, the lots along Sipes Avenue are a minimum of 60 feet and some are significantly larger. Ms. Hattaway noted she is available to answer any questions the Board may have. Commissioner Constantine asked if Ms. Hattaway anticipates when it will be available to annex into the City of Sanford. Ms. Hattaway answered under the utility agreement, if the City is ready, they would have to do that because they are in their service area. Commissioner Carey responded she thinks it says when they become contiguous, they will annex. She reminded the Board that they had some concern because of the scale of the 230 acres and making sure that they don’t create an enclave, so they want to be mindful of that.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #28 and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance #2018-17 enacting a Rezone from PD (Planned Development) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for approximately 27.52 acres, located on the east side of Sipes Avenue, approximately ½ mile south of Celery Avenue, as described in the proof of publication; Elite Trust and Escrow Company, LLC, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
WOODSPRINGS HOTEL SSFLUA AND PD REZONE/Vishal Gupta
Agenda Item #29 - 2018-0019
Proof of publication calling for a public hearing to consider adopting an ordinance enacting a Small Scale Future Land Use (SSFLU) Map Amendment from Commerical to Planned Development; and an ordinance enacting a Rezone from C-2 (Retail Commercial) to PD (Planned Development) for 2.8 acres, located on the east side of Hickman Drive, north of W. SR 46, Vishal Gupta, received and filed.
Danalee Petyk, Planning and Development Division, addressed the Board and presented the item as outlined in the agenda memorandum. She pointed out the Planning & Zoning Commission voted unanimously to recommend approval of the request, and staff recommends approval as well.
It was determined the Applicant was in attendance but did not address the Board.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Commissioner Carey relayed a conversation she had with some athletes who had trouble finding a hotel in the area. She believes there needs to be more hotel rooms in the corridor.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt Ordinance #2018-18 enacting a Small Scale Future Land Use (SSFLU) Map Amendment from Commercial to Planned Development; Ordinance #2018-19 enacting a Rezone from C-2 (Retail Commercial) to PD (Planned Development) for 2.8 acres; and the associated Development Order located on the east side of Hickman Drive, north of W. SR 46, as described in the proof of publication; Vishal Gupta, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
LAKE MARIETTA ESTATES LSFLUA AND PD REZONE/Thomas Daly
Agenda Item #30 – 2018-0015
Proof of publication calling for a public hearing to transmit the proposed ordinance enacting a Large Scale Future Land Use Map Amendment (LSFLUA) from Suburban Estates to Planned Development, the associated ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and the associated Development Order and Master Development Plan, to State and regional review agencies, for approximately 20.96 acres, located east of the Markham Woods Road and Michigan Street intersection, Thomas Daly, received and filed.
Ms. Petyk presented the item as outlined in the agenda memorandum. She added the project will be required to comply with the Wekiva Study Area regulations at the final engineering stage including a 50-foot setback from any environmentally sensitive lands.
Ms. Petyk reviewed the surrounding densities map on page 595 of the agenda memorandum and advised the project proposed 2.02 dwelling units per acre and provides an effective transition between the higher-density residential to the north and east, the elementary school to the west, and the lower-density residential to the west and across Lake Marietta to the south. She stated the development pattern is similar to the density permitted within the East Lake Sylvan transition area portion of the Wekiva River Protection Area, where a maximum density of 2.5 dwelling units per net buildable acre is permitted. The project will provide effective buffers along all four perimeters including a buffer along Lake Marietta and will provide significant open space and appropriate setbacks from environmentally sensitive areas.
Ms. Petyk advised staff finds the proposed development to be consistent with the Comprehensive Plan and the LDC (Land Development Code). To date, staff has received 22 commentaries in opposition to the request and 0 in support. Opposition letters were received and filed. Ms. Petyk stated the Planning & Zoning Commission met on May 2 and voted to recommend denial of the request; however, staff recommends approval of the transmittal.
All five Commissioners announced they have received ex parte communications. Chairman Horan noted whatever decision he makes will be based upon the evidence adduced during the hearing today. Commissioners Dallari, Carey, Constantine and Henley submitted their ex parte communications (received and filed).
Tom Daly, Applicant, Daly Design Group, 913 North Pennsylvania Avenue, addressed the Board and stated he is here on behalf of Pulte Homes who is the contract purchaser of the 20-acre site. He presented a PowerPoint presentation (received and filed) and stated the first slide reiterates what staff just presented. He pointed out the red line is the boundary of Heathrow and there are just a few acres of remaining property on the east side of Markham Woods Road that is not within Heathrow or the Heathrow dedicated school site.
Mr. Daly stated the site is about 21 acres, and 5 of those acres are underwater so they are requesting development of roughly 15 acres. Mr. Daly used the next slide to show they are not within the Wekiva Protection Area and they are not in the Lake Sylvan Transitional Area. He displayed a conceptual site plan of the property and noted the site will have a looped road within it, a retention pond as a focal point and lots along Lake Marietta. He advised Lake Marietta is not a navigable waterway; it is essentially a wet prairie that fills in the rainy season and has more vegetation than water in the dry season.
Mr. Daly expressed they have gone through a lot of community outreach with regard to Heathrow and the folks that live on Michigan Street. They had initially talked to Heathrow because they have a majority of the property adjoining so there were community meetings and discussions with the HOA presidents. He opined within the proposed development order, the Board will find a list of 13 or more specific conditions about buffering for Heathrow. That was something the Applicant agreed to at the community meeting and they wanted to memorialize it in the development order. He noted it’s basically tree preservation and a precast concrete wall. Some of the properties from Heathrow drain onto this site. In order for the drainage to flow and be collected without impacting adjacent homesites, the bottom of the precast wall will be open so the water can flow. That water will run into the retention ponds and be collected. Mr. Daly stated it is an expensive solution but it is a better solution than a brick wall or concrete block wall and a more permanent solution than a PVC fence.
At the Planning & Zoning Commission hearing, Mr. Daly stated there was a lot of expression from the folks across the lake so he has decided to amend the application to have a minimum lot size along Lake Marietta of one-half acre. There are four one-acre lots across the lake. His proposal is for a maximum of six one-half acre lots. Chairman Horan asked what that does to the total density, and Mr. Daly replied 31 homes was the original application and 29 is now the request for the PD.
Mr. Daly reviewed a slide showing Michigan Street and stated early on they had a community meeting with the folks that live along that street. He explained Michigan Street is a 60-foot unimproved County right-of-way, and pointed out the existing driveways. There are two vacant lots that are in the center portion, one home adjacent to the site that has two driveways, and one property to the north. As part of the process, Mr. Daly advised they would be required to upgrade it to County standards. However, in the interest of keeping the character and maintaining a majority of existing vegetation, they have been working with the County’s engineering staff on coming up with solutions for having one sidewalk on one side of the road and using some swale drainage to try to keep a more rural character as opposed to the typical curb and gutter. He expects they will have a solution relative to that cross section before this gets back to the Board for adoption.
Mr. Daly advised another issue brought up during the neighborhood meeting that they had with the Michigan Street folks was access in and out of Michigan Street onto Markham Woods Road. When the schools are coming in and letting out, traffic backs up and it is very difficult for folks to get in and out. In his discussions with County engineers, he believes that there are going to be opportunities for left-turn lanes and right-turn lanes to improve that intersection to the greatest extent possible. He opined they should be able to make it a better intersection and make a better way of ingress/egress especially in the times when school traffic is there.
Mr. Daly displayed two photos of Michigan Street. He reiterated that the goal is to keep that road as far on the north side as possible, saving existing trees on the south side and using swale drainage in order to have less pipes, less disruption and less removal of trees. Commissioner Carey asked if he is proposing the five-foot sidewalk on the north side adjacent to the school, and Mr. Daly answered yes. In the first photo, Mr. Daly confirmed for Commissioner Dallari that the fence is on the property line of the school’s property. Mr. Daly stated another issue that was brought up at the neighborhood meeting was that there is no way to turn around. In its current situation, if a delivery truck went to the existing estate, there is no way to turn around so it would have to back up onto the adjoining property’s driveway. An exhibit was placed into the plans as part of the zoning application that demonstrates that they will put in a much more amenable intersection and push the gates further back to allow for deliveries and all of the normal traffic that would come through to turn around.
Mr. Daly displayed the next slide (an aerial of the lake-front lots and lots across the lake) and stated with regard to Summer Oaks Estates, they did talk to them prior to the Planning & Zoning Commission meeting, and they reached out to that community following that meeting but they did not want to meet. He advised from listening to their concerns from the Planning & Zoning meeting, they have decided to go ahead and request half- acre lots along the lake. These lots are bigger than the Heathrow lots to the right-hand side. He pointed out they’ve decided to go from eight lakefront homes to six lake-front homes and he feels that is a good transition. Chairman Horan asked if that is the Heathrow Lakes development, and Mr. Daly answered it is Summer Oaks. He added Heathrow Lakes surrounds Summer Oaks on the bottom side. The Heathrow Lakes lots that are adjacent to the south side of Summer Oaks are smaller than one-half acre but were approved before Summer Oaks was approved.
Mr. Daly displayed two photos of Lake Marietta. He stated it is a closed basin so if it rains and all the water comes in, it has no place to go but back into the ground over time. In the second photo, Mr. Daly pointed out the existing dock that is part of the estate home on the property. He is hopeful that they can either reuse that dock as part of the community to be enjoyed or rebuild one so that the interior lots will have the same opportunity. Mr. Daly noted in the development order there are prohibitions on motorboats and anything like that. However, they have asked should someone want to bring a canoe or kayak if the water is up that they be allowed to do that.
Mr. Daly displayed the last slide, the Master Development Plan. He reiterated it is a transitional property with four homes per acre on the north and four homes per acre on the east, so the current one house per acre just doesn’t seem compatible with regard to everything going around the site. However, they do recognize compatibility relative to the folks that live on Michigan and the folks that live across the lake in Summer Oaks, so he believes what they are proposing is a compatible solution. He reminded this is just the transmittal hearing and discussed the process of a transmittal hearing. Mr. Daly stated there is time for his team to work with the County’s engineers regarding designs of roadways, intersection improvements and other things that they can do between now and when it would come back before the Board. He requested time to speak after public comment.
Blaine Darrah, 1624 Cherry Ridge Drive, addressed the Board and noted he is the government affairs chairman for the Heathrow Master Association and he is also a member of the Heathrow Master Board. He has spent quite a bit of time with Pulte Homes working on boundary issues. It is clear to him that several residents would prefer to keep the site as an open piece of property, but a property owner has the right to sell his or her property and have it developed if it meets terms and conditions that are acceptable to the BCC. Mr. Darrah stated one of the key things he was concerned about was protection; so he was interested in having a wall around the community, and the precast concrete wall seemed like a reasonable solution to him. He stated he is very supportive of inspecting the trees in the area and making sure that the ones that are diseased are removed and taken care of. He advised on behalf of the Heathrow HOA, he supports the project going ahead as recommended today.
Commissioner Carey asked whether or not the lots that are adjacent to this property in Heathrow are equal or greater to their size, and Mr. Darrah answered they are larger in size and the homes are larger than the ones in Heathrow that border it. Commissioner Carey asked if all the conditions that everybody agreed to are in the development order, and Mr. Darrah answered yes.
Steve Confield, 3550 Michigan Street, addressed the Board and stated he lives basically at the intersection of Markham Woods Road and Michigan Street adjacent to the Heathrow Elementary School. Although he doesn’t represent a large number of people, he believes he has a large concern that this type of community is going to bring down his home value and explained why, like lot sizes and traffic. He advised Markham Woods Road cannot be widened to the east because there is no room and Michigan Street cannot be widened to the north side because it is already right on the border. Mr. Confield expressed that traffic is a major concern for the community. Commissioner Carey confirmed with Mr. Confield that he lives in the house on the north side of Michigan right next to the school and asked if he comes out of his house onto Michigan and not Markham Woods, and he answered that is correct.
Commissioner Carey stated everyone is aware that the traffic on Markham Woods during peak traffic hours is a problem. She has been talking with staff, regardless of what happens with this property, about getting some signs up that say don’t block the intersection because that is the big issue. She expressed the good news is it only happens at peak traffic hours. Commissioner Carey advised Markham Woods Road is policy constrained by a prior County Commission to never be wider than three lanes. A number of years ago they three-laned the section from E.E. Williamson down to 434; and shortly after she was elected, they were proposing to do that same treatment up to Lake Mary Boulevard and further down to Markham Road. They’ve since scrapped that idea and that’s when the left-turn lanes all got put in. The criteria became if you had 20 homes or more coming off Markham Woods Road, they would put in turn lanes so that the traffic could continue to flow. Commissioner Carey stated she has been talking to staff about that same application here if something is approved down the road and possibly a slip ramp just to get everybody turning right onto Michigan Street out of the traffic before they make that turn so they’re not stopping in the middle of the road.
George Powell, 5505 Markham Woods Road, addressed the Board and stated he is part of the original Summer Oaks HOA. He voiced his biggest concern is the density. In the 35 years he has lived there, the Commission has always upheld that the Markham Woods Road corridor was a suburban estates location with one unit per acre. He can appreciate anybody who wants to develop their property, but in this case he feels that the Commission needs to be steadfast and keep the promises that have been made in the past and maintain the one unit per acre. Mr. Powell explained if they stuck to one unit per acre, they could put 14 units on the property and no one would have a problem with it. He asked the Board to keep the promises that have been made over the past 35 years for the Markham Road area.
Trish Thompson, 3420 Dawn Court, addressed the Board and stated she feels like this is a situation where it ought to be one-acre homesites for two reasons. When Heathrow developed Stonebridge and put in the roadway, the elevation of the roadway put water into her backyard. She voiced she would be interested to know how much fill dirt they will have for their roadway, how swale drainage works and how the water is being drained into their retention pond. She discussed a 100-year flood and how all of the homes in the area would be affected including hers.
Harry Ellis, 3481 Oak Knoll Point, addressed the Board and stated he is representing Summer Oaks Estates HOA. Mr. Ellis opined whether it’s widening the road, buffer areas, or drainage, it can be engineered and satisfy any defects of legacy communities or existing communities. However, what cannot be fixed by engineering is the fact of what has been promised to the Markham Woods corridor. You can’t fix the fact that a previous County Commission does not allow anything beyond 50 feet of right-of-way along Markham Woods Road. Mr. Ellis opined what the previous Commission made a mistake on was not including the three parcels (Summer Oaks Estates, down Michigan, and the parcel in discussion) into the Wekiva Preserve. They did enforce a one-acre lot minimum in Summer Oaks Estates, one-acre lot minimum inside of the new parcels, and one-acre lot minimum along Michigan to conform to the same conformance of the Wekiva Preserve. He opined they did that to relieve density along that corridor. Mr. Ellis argued that this is not a transitional property and discussed why. He advised he feels all of the parcels in the surrounding area are considered part of the suburban estates and should be upheld to that standard.
Susan Ghrist, 3430 Dawn Court, addressed the Board and stated she has lived there for 35 years and every so often they get a proposal somewhere up and down the road that people are going to come in and develop it. She indicated she is concerned about the traffic at the end of Michigan Street due to the two adjacent schools and discussed the dangerous traffic on Michigan Street and Markham Woods Road. Ms. Ghrist said things are changing but not for the better and asked the Board to keep the development at one unit per acre.
Commissioner Carey stated when she spoke with the County’s engineer, they are proposing to put a light at Markham Woods Road and Markham Road. She isn’t sure of the timing of that but the County’s engineer has that on the books to be done in the next budget year.
Emily Turner, 1797 Tangled Oaks Court, addressed the Board and opined the future land use should stay as is. Nobody is saying don’t develop it, but develop it as everyone else has bought in the area. Ms. Turner stated if they wanted to live in planned estates, that is where they would have bought. She reminded that the Planning & Zoning Commission denied the project and she thinks they looked at traffic and other things and denied it for a good reason. Ms. Turner discussed 100-year floods and the flooding issues they’ve had in the area as well as traffic issues.
Rina Capps, 3474 Oak Knoll Point, addressed the Board and noted she lives in Summer Oaks Estates. She opined if the Board approved this development, they would be starting a new trend. Ms. Capps stated she is within the Wekiva Study Area and that is something the County is responsible to the State through some sort of protection. She pointed out it is difficult to listen to the fact that Heathrow is so supportive of this development when that development is being walled off from Heathrow. She discussed drainage problems in the area. She stated there are more people than the aerial maps depict that will be impacted from this development. Ms. Capps stated she appreciated Mr. Daly reaching out to Summer Oaks.
Joseph Walshe, 1577 Cherry Lake Way, addressed the Board and stated he has a few rebuttals as to what has been said today. He advised the residents of Heathrow that border this property absolutely do not agree with this one bit. To Mr. Daly’s statement regarding the street, he argued that they do not have a professional engineer on staff and doesn’t believe Mr. Daly is qualified to speak about how that road could be adjusted without a professional engineer. Mr. Walshe stated the residents were not given the opportunity to discuss the wall, and the types of walls that were offered weren’t what the residents were asking for. The walls in Heathrow are all brick style. He understands wanting the water to be able to flow; but the residents asked for a brick-style wall, and that wasn’t an option. Mr. Walshe displayed a photograph (received and filed) of a bear and three bear cubs in the 85-foot right-of-way between his house and the proposed property. He stated the bear was subjected to birthing her babies 85-feet from his house, so his point is that they are running out of room and wildlife is being pinched. He started discussing some research he has done on Pulte Homes regarding mold-plagued units near Walt Disney World, and Chairman Horan advised that is not germane to the rezoning. Mr. Walshe indicated that concludes his public comments.
Lois Alpert, 792 Preserve Terrace, addressed the Board and stated she and her neighbors do not support what Mr. Darrah stated on behalf of Heathrow. They are very upset about what is taking place. When she moved to Heathrow 20 years ago, she was told it was zoned agricultural and that there would be no PD in the future. She was pleased that they wouldn’t have to worry about all the effects of building another community. Based on the plans, Ms. Alpert stated the houses of the proposed development would be within 50 feet of her house. She discussed the damage that could be done to her property. She opined if anything is to be done, sticking to the one home per acre makes sense. She talked about climate change, flooding, and traffic. Commissioner Carey asked Ms. Alpert if she lives to the east on one of the 80-foot by 100-foot lots. Ms. Alpert answered she backs up to the property.
Ann Wehr, 3486 Oak Knoll Point, addressed the Board and noted she is a resident of Summer Oaks Estates. She stated she is one of the four homes that was mentioned that backs up to the lake. She displayed pictures on her iPad (not received and filed) to the Board of what her view will be if they allow the proposed development. Ms. Wehr discussed how hard it was for her to transition from the wide open spaces in New Mexico to Orlando. She and her husband chose the Markham Woods corridor specifically because they had been advised that everything emptying onto there was a one-acre lot minimum. She opined to call this a transition from Heathrow is not a true statement because Heathrow doesn’t empty onto Markham Woods Road. She talked about the dangerous traffic on Markham Woods Road.
Kristopher Thorpe, 1713 Cedar Stone Court, addressed the Board and stated he is on the Markham Oaks HOA board. Mr. Thorpe explained everybody uses the Markham Oaks entrance as a U-turn and they are really concerned about the additional traffic density the development would put on the roads. He reminded the Board that the elementary school is designated as a non-walking school, which means everybody in a radius of one mile of that school must drive their kids; there is no crossing guard. He noted that is the reason for all of the traffic in the morning and the afternoon. If they add 31 more homes, all of the traffic will be a nightmare. He asked that the Board choose preservation over Pulte profit and vote no on this item.
Renata Menchikova, 5574 Whispering Woods Point, addressed the Board and stated one of the things not being brought up is safety. She discussed how dangerous the road could become if they add another lane, sidewalks, and a street light that people would be rushing to catch. She asked the Board to take into account all of the concerns.
David Germana, 1731 Cedar Stone Court, addressed the Board and noted he lives in Markham Oaks. He stated for the last five years, his family has realized the traffic problem every day. The challenge is adding more homes to that parcel of land and increasing the traffic flow is only one of the issues. He discussed safety concerns and protecting children during and after construction. Mr. Germana stated he loves the large-parcel land and his family being able to see wildlife as part of the community. He stated to have that much extra traffic coming through from the proposed development on a daily basis would further compound the issues. He can appreciate Mr. Daly’s comments as far as making improvements or suggestions to the right-of-way to expand it; however, that is only a band-aid. The traffic pattern is going to continue to grow. He asked the Board to approve the transition.
Speaker Request Forms were received and filed.
Norrell Chambers, 5740 Markham Woods Road, addressed the Board and asked why he had to buy an acre of land for his house but now somebody gets to come in and build two or three homes on one acre. He stated the Board shouldn’t approve this because the amount of traffic the school causes is dangerous. Sometimes they even have to have a sheriff’s deputy stop traffic to let people out. He asked the Board if they have to approve it, approve it as one acre.
Speaker Request Form was not received and filed.
Trisha Walshe, 1577 Cherry Lake Way, addressed the Board and reiterated that Heathrow residents do not support the proposal at all, and Mr. Darrah does not represent the residents. She claimed the aesthetic of living in Heathrow and disrupting the natural environment are some things to consider.
Speaker Request Form was received and filed for Ms. Walshe.
Written Comment Forms were received and filed.
Mr. Daly stated it seems like there are three or four principal concerns, and one of the biggest is traffic. He reminded that there is a traffic issue out there today. Mr. Daly stated he is entitled to 15 homes and he is asking for 29, but that doesn’t make the current traffic issue change. He hoped that maybe this discussion will spawn other discussions and other interests in the County for them to study and try to see if there are any solutions. He opined maybe this is an opportunity for the County to evaluate Markham Woods Road. Mr. Daly reminded that they are willing to do what they can at the intersection of Markham Woods and Michigan, but they can’t fix some of the bigger global problems.
In regard to the photos of lakefront lots Ms. Wehr showed on her iPad, Mr. Daly stated that is the Lake Emma Estates property that is 50- and 60-foot wide lots. He is proposing much larger lots along the lakefronts, so the visuals that were presented to the Board are not the visuals he expects to see. Mr. Daly stated Heathrow was approved back in the early 90’s, and there are a lot of overlays and protection for the environment and for the folks that live in the Markham Woods corridor. However, this property was left out and is not part of the transitional area for Lake Sylvan and it’s not part of the Wekiva overlay which mandates one home per acre. He believes that the County historically has made commitments to the residents about protecting certain areas along this corridor by the establishment of the Wekiva and Lake Sylvan Protection Areas, but this area wasn’t considered as part of that.
In regard to transitional use, Mr. Daly explained why a property the size of the proposed property can’t transition like an Alaqua Lakes can transition where they can cluster certain home sizes. Mr. Daly displayed the first slide of his presentation and stated when you look globally, it is a transitional piece going from four units per acre to two units per acre to one unit per acre. He stated if the County’s engineering department wants him to go ahead and look at traffic calming on Michigan as part of the development, of course they are open to that because it is a quarter-mile straight road and they can bring that up as part of their discussions on what to do with the Markham Woods Road intersection.
Mr. Daly advised they do have a civil engineer on the property as part of his team. One of the initial studies they did with their engineer was groundwater borings, and they determined that the groundwater is eight to nine feet below the surface elevation of the existing house. In conditions related to Heathrow, they have made conditions that the existing homes will be at or slightly above existing grade. They claimed they are trying to leave it at natural grade and they have studied that they could collect any drainage coming from Heathrow and any adjacent properties. They’ve studied the fact that they can have the retention ponds that they have and they are of adequate size. His team has done their homework and that is how they’ve been able to make the commitments that they’ve made even at this stage. Mr. Daly stated they are not impacting floodplains or wetlands, and the stormwater system will handle internal stormwater and will not drain directly into Lake Marietta.
Mr. Daly stated they have studied stormwater and they feel comfortable with the application that they’ve presented to the Board and asked that the Board allow Mr. Daly to continue forward by transmitting the item and provide the opportunity for him to continue working with the County’s civil engineers so he can come back with some solid answers about what he can do for Markham Woods Road and Michigan Street.
Chairman Horan stated they have talked a lot about engineering issues. He asked what the standard of review is that the Board has to exercise in a zoning matter and in a future land use amendment matter. Mr. Daly answered they have the Comp Plan that guides the types of developments that are appropriate. Chairman Horan asked if there are criteria that have to be met for changing a future land use map amendment. Mr. Applegate answered at a rezoning hearing, if the Board approves the rezoning, they have to find that it is consistent with the Comp Plan and that all of the procedural requirements are met. If they decide to keep the zoning the same and deny the rezoning, the Board has to find a legitimate governmental interest. Either one of those decisions has to be based on substantial evidence.
Ms. Guillet stated with respect to the Comp Plan amendment change request, that is a legislative decision as opposed to the quasi-judicial decision that is zoning. There are a number of questions that are asked to be considered when evaluating a request for an amendment to the Comp Plan. One of them is whether or not the character of the area has changed substantially. Chairman Horan replied that’s what he was referring to. He stated with regard to the Comp Plan consistency, when they are dealing with land use, the Board has to consider whether the character of the surrounding areas changed enough to warrant a different land use designation; whether the public facilities and services will be available concurrent with the impacts of the development at the adopted levels of service; whether the site is suitable for the proposed use and will be able to comply with floodplain regulations, wetlands regulations, and other adopted development regulations; whether the proposal adheres to other special provisions of law; and whether the proposed future land use is compatible with the existing surrounding development and the future land uses in accordance with the Comp Plan. Chairman Horan stated those are the things that are important for him to consider at this particular level as to whether or not there is substantial evidence to support those particular questions that they have to answer.
Chairman Horan stated he noticed in Mr. Daly’s response that he submitted, he addressed each one of those particular issues; and on each one of those specific issues, the recommendation of staff was positive for the development.
Commissioner Carey opined it is kind of interesting when you talk about transition and whether or not the area has changed. She provided some history of Markham Woods Road and stated the area has changed and the way that the land has developed out there has changed. Everything used to be suburban estates until Alaqua Lakes came in and then the prior boards changed the zoning rules to be net-buildable and that’s why there are small homesites in places like Alaqua Lakes. She reiterated the area has changed. The homes on Michigan Street are not even part of a subdivision, they are single homes built on single lots of larger size. She understands the folks that live in Heathrow and the folks that back up to the 15-acre site, she wouldn’t want anybody to change it either; but that’s not the request before the Board today.
In Commissioner Carey’s discussions with Mr. Daly and others about the lakefront lots, she felt like half-acre lots were certainly reasonable when they are 500 feet across a lake from a one-acre lot. She has concerns about the traffic on Markham Woods regardless of whether this goes forth or not, and she’s already talked about that earlier and talked with the County Engineer about it. She reminded there is a light proposed at Markham Road and Markham Woods Road. She has a note to talk to the Sheriff’s Department about monitoring the speed and to talk to the School Board about putting out a notice to all of the parents who are dropping off their children to remind them not to block driveways and roadways.
Commissioner Carey stated in all fairness, compatibility is the issue. They aren’t proposing smaller lots adjacent to Heathrow, they’re proposing slightly larger lots than the people in Heathrow have that back up to them. She stated while Mr. Darrah may not represent the people in Heathrow, he does represent the HOA, which is the governing board of Heathrow and looks at it collectively much like the County Commission. They can’t just look at one or two single instances, they have to look at it as a whole. So for her, compatibility is always the test.
Commissioner Carey advised they have a unique situation here where the only access is Michigan Street. She noted some residents may not want to see Michigan Street improved, but the County Code requires that it be brought up to County standards and that does require that a sidewalk be put in which she believes benefits everybody because then there will be a safe passage down to the school.
Motion by Commissioner Carey, seconded by Commissioner Henley, to transmit the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment (LSFLUA) from Suburban Estates to Planned Development, the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and the associated Development Order and Master Development Plan, to State and regional review agencies, for approximately 20.96 acres, located east of the Markham Woods Road and Michigan Street intersection, as described in the proof of publication; Thomas Daly, Applicant.
Under discussion, Commissioner Dallari stated they always look at compatibility and he’s looking at the existing land use and zoning and right now it’s A-1. The whole area up and down Markham Woods Road from what he can see is suburban estates, and that is the reason he will not be supporting the motion that’s been presented today.
Commissioner Constantine stated the transmittal to the DOE means it’ll come back to the Board without comments, so right now they are basically deciding whether or not they should change the Comp Plan and the zoning. He advised in his opinion this does not meet any reason to change the Comp Plan. Other than aesthetics, it is not really affecting Heathrow. Heathrow does not have any through traffic, it does not go to Markham Woods Road, it is simply a project that is up against it; and therefore it has nothing to do with transition. Commissioner Constantine stated they are talking about a Comp Plan that the Commission in the past has decided was suburban estates. He pointed out no one is denying that they can develop that as suburban estates.
Commissioner Constantine stated Mr. Daly indicated that he felt in looking at how dense the project is, he really couldn’t do much with it; and Commissioner Constantine said he’s right. He added Mr. Daly can’t do much with 29 units except to put it in a cookie-cutter situation; but he could do a great deal more with 14 units. He advised the fact of the matter is that this Commission decided that this Comp Plan should be suburban estates and it should be zoned at one unit per acre. He proposed that the Applicant feels the property is too expensive to put only 14 units in and advised that is not the Board’s problem. The people bought their property based upon the fact that the homes would all be one unit per acre and they have the right to expect their Commission to go along with that long-term planning that the Board did many years ago. Commissioner Constantine opined the character of Markham Woods has not changed. He agreed the traffic has caused a problem, but it is not up to the Board to make it even worse; and this proposed development would make it worse. He stated they should keep the zoning as it is and he hopes the developers want to build the 14 units that they are allowed to do today. He voiced he will be voting against the motion.
Commissioner Carey stated the area is not surrounded by suburban estates because Heathrow (to the east and north) is not suburban estates. Her decision and her motion is made on compatibility. She expressed she could care less about the profit or the land cost; those are not things the Board considers but compatibility is. If Heathrow had been made to buffer against suburban estates to protect that from future encroachment, then so be it; but this is not in an area that is protected at one unit per acre. Commissioner Carey advised it certainly is the property owner’s right to make an application for consideration, and the consideration and the motion that she is making is strictly based on the facts that have been presented. Commissioner Carey requested Chairman Horan call the question.
Chairman Horan asked whether or not it is true that if this proposed development was in the Lake Sylvan Transition Area, they would be allowed to do 2.5 units per acre. Ms. Petyk answered that is correct.
Districts 2, 4 and 5 voted AYE.
Commissioners Dallari and Constantine voted NAY.
BACKYARD CHICKEN PROGRAM CODE AMENDMENT
Agenda Item #31 – 2018-0666
BACKYARD CHICKEN PROGRAM FEE RESOLUTION
Agenda Item #32 – 2018-0711
Proof of publication calling for a public hearing to consider amending the Seminole County Code, Chapter 20 Animals and Fowl, Part 4 Backyard Chicken Pilot Program, to establish a permanent program allowing the keeping of up to four (4) chickens (hens) on occupied single-family properties, received and filed; and approving a resolution amending the Seminole County Administrative Code to revise Section 20.10(L) Permit Fees to change the permit name for the Backyard Chicken Pilot Program to Backyard Chicken Program. (The resolution also proposes the same change to page 20.10-1 of the Administrative Code to rename the Backyard Chicken Program in the table of contents.)
Chairman Horan stated as he understands it, what staff has done in response to the Board’s comments at the May 22 meeting is simplified it by taking it out of the LDC. Ms. Petyk stated that is correct. She gave a brief history of the Backyard Chicken Pilot Program. Ms. Petyk explained at the last BCC meeting, the Board directed staff to revise the program to create an easier path for planned developments to participate without going through an amendment process and to simplify the program. Therefore, before the Board today is the revised Seminole County Code of Ordinances amendment where staff has withdrawn the LDC ordinance. She advised the resolution for amended fees has not changed. Ms. Petyk stated the intent of the revised amendment is to permanently create and implement a backyard chicken program, remove the limitation of no more than 100 permits on occupied single-family properties, extend and include existing permits that were issued under the backyard chicken pilot program into the new backyard chicken program, and allow all occupied single-family properties to participate, including those in planned developments. Ms. Petyk stated staff recommends adoption of the ordinance.
Ms. Petyk also presented Item #32 at this time and stated this is the resolution amending fees associated with the backyard chicken program and modifies the Seminole County Administrative Code to rename Backyard Chicken Pilot Program to Backyard Chicken Program with no other changes. Staff recommends adoption of the resolution.
Commissioner Constantine thanked staff for providing his office with answers to questions he asked at the May 22 meeting.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to (1) adopt Ordinance #2018-20 amending the Seminole County Code, Chapter 20 Animals and Fowl, Part 4 Backyard Chicken Pilot Program, to establish a permanent program allowing the keeping of up to four (4) chickens (hens) on occupied single-family properties, as described in the proof of publication; and (2) adopt appropriate Resolution #2018-R-77 amending the Seminole County Administrative Code to revise Section 20.10(L) Permit Fees to change the permit name for the Backyard Chicken Pilot Program to Backyard Chicken Program. (The resolution also proposes the same change to page 20.10-1 of the Administrative Code to rename the permit Backyard Chicken Program in the table of contents.)
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey discussed a presentation entitled “A Global Hub For a Global Region” that was presented to the Sanford Airport Authority by Zyscovich Marketing (received and filed) and pointed out some of the highlights of the presentation. She stated the presentation identified some opportunities and she would like staff to take a close look at them. They represented in their presentation that they had met with County staff and had had a lot of input from staff; but in talking with staff, Commissioner Carey isn’t sure that that’s the case. She stated she would like to have the information confirmed before they publish the presentation as a printed document. They refer to incentives and opportunities as the Seminole County JGI, the Seminole County Seed program, the City of Sanford Tax Abatement program, the free-trade zone at the airport, the State of Florida QTI Opportunities, and the State of Florida Capital Investment Tax Credit program. Chairman Horan noted the Orlando Economic Partnership did a similar type of visioning report several years ago and all of the stuff on Seminole County was incomplete. He urged that they make sure all of the stuff on Seminole County is not only correct but is also complete.
Commissioner Carey stated she told them they would look at it straight away and asked Ms. Guillet to have staff review the report. She stated the Commissioners all have an electronic copy of the report.
Commissioner Carey stated the Central Florida Expressway Authority (CFX) just had their budget workshop and reviewed their five-year plan and are talking about adopting the budget. She reminded in 2017, the newly established CFX vetoed the 2009 toll rate policy which called for a 15% increase in tolls every five years and replaced it with the customer first toll policy. New tolls that go into place for electronic tolling is capped at the CPU (Consumer Price Index). They tried to see where they are being impacted because not every toll booth needs to have a toll increase. She announced CFX has a toll increase that will become effective on July 1, and it will be the first one that they’ve had in 5 years. She discussed the increase amount and reminded that CFX offers free E-Pass transponders and discounts to “frequent flyers.”
Commissioner Carey advised CFX is still in discussions with the State regarding the purchase of the section in Seminole County that is owned by the Turnpike Authority. And hopefully before the end of the current Governor’s term, they may be able to get to some kind of an agreement. She noted they are a lot closer than they were at the start of the discussions, and they are prepared financially to move forward in the event they are able to work out favorable terms with the State.
Commissioner Carey announced the Florida Department of Health will be holding its Fourth Annual Men’s Health Challenge (flyer received and filed) on Sunday, June 24, from noon to 4:00 p.m. at Springs Meadows Seventh-day Adventist Church. It’s free admission and there will be guest speakers, vendors and food available.
Commissioner Dallari stated over the past weekend there was a major stormwater failure on State Road 434 between Oviedo and Winter Springs. He thanked FDOT, County staff, and the Cities of Oviedo and Winter Springs for their fast response and keeping everyone informed. The road was closed for a number of days, but an issue like that cannot be foreseen until it actually takes place. The road is back to where you’d expect it to be, and it has a nice new pavement on it. Chairman Horan noted the historical aspects of what they discovered based upon the excavation was very interesting. They found an ancient brick road that was the first brick road that was made to get through the swamp.
Commissioner Dallari noted he is looking forward to the update for Five Points for the P3 and asked when the County Manager thinks the Board will see that update. Ms. Guillet answered staff will bring something to the Board at the next meeting.
Commissioner Constantine informed the Board that there was a very quickly called special board meeting of the Florida Association of Counties concerning the Constitutional Revision Commission’s Proposal 6005 concerning constitutional officers as to whether or not to intervene in the courts. This was done on the 24th of May. After a great deal of debate, they decided not to intervene especially in looking at some of the polling that very few of the constitutional amendments right now would be passing.
Commissioner Constantine congratulated Commissioner Dallari who chaired the 52nd Annual National Association of Regional Councils. That happened in the Disney area last week, and Commissioner Constantine was honored to be one of the speakers.
Commissioner Constantine stated on the 7th there was a Transportation Disadvantaged meeting and they approved the next plan for going into the next year. He announced tomorrow is an MPO meeting.
Commissioner Constantine advised the Planning & Zoning Commission has started looking at the Airbnb/vacation rentals ordinance, and he knows they had a number of different suggestions. He asked staff when the Board may be seeing that. Tina Williamson, Development Services Director, addressed the Board and stated staff plans to bring it to the Board at their July meeting.
Commissioner Constantine announced the County recently lost two individuals who have had a significant effect in Seminole County over the years; Bill Fahey and Whitey Eckstein.
Chairman Horan congratulated Commissioner Dallari on his tenure as the chairman of the National Board of Regional Councils.
Chairman Horan announced on May 23, he made a presentation to the Central Florida Commission on Homelessness explaining what the County is doing in terms of taking a look at the separate CoC. He opined it was very well received. He also attended a meeting of the alignment committee of the commission and made the same explanations at that meeting. They are assembling invitees through the staff to form the initial affirmative CoC, which is the entity that will actually make the decision. They had some good input from their providers who are really participating in the HUD-related process because they haven’t had too much of an opportunity under the present CoC as it is originally formulated. That is now proceeding with purpose and direction, and it looks like they are going to be making a lot of progress in that area.
Chairman Horan stated he went to the OEP (Orlando Economic Partnership) meeting and there will be a leadership mission to Pittsburgh at the end of August. He opined there are some interesting correlations between Pittsburgh and the Orlando area. One of which is that they actually have about the same geographical area, and they have even more governments than Central Florida. He stated the main thing was resilience and their ability to retain millennials to work in that area. They have transitioned from a manufacturing colony to something that’s very high tech.
Chairman Horan advised he appeared on a panel with the Orlando Business Journal, Doing Business in Seminole, on May 29 and it was a good conversation. He noted it was gratifying to see the active involvement of the business community in the county. Things are going great economically for the county and for the entire region. He learned that the number one area in the country for the growth and manufacturing jobs is the Orlando area. There’s a lot of small and technical manufacturing job growth in the region.
Chairman Horan stated he wants to discuss an issue that was brought up to the Board by the Medical Examiner, Fire Chief, and the Sheriff. The issue is PTSD and first responders. He wants to create an agenda item or have a work session for a presentation about a pilot program that the Medical Examiner, Fire Chief, and the Sheriff want to institute. Chairman Horan opined it is very nominal in terms of money. Commissioner Dallari asked if that is something that could be done during the budget work session. Ms. Guillet stated she isn’t certain that a presentation will be necessary. As she understands it, the Medical Director was going to reach out and brief the Commissioners individually. So unless there’s some interest to have a more detailed presentation to the entire Board, they may be able to move forward with the effort without the need for a work session; and they can certainly take it up during budget as well. Chairman Horan advised this is something they want to do relatively quickly and get the pilot program going so timing is another element. Commissioner Dallari asked if the Chairman, the County Manager, and the Fire Chief could put together a plan. Chairman Horan said they can if that’s okay with everyone else. No objections were voiced. He stated he will work with the County Manager on the appropriate way to bring it in front of the Commission and each Commissioner will be briefed on it in the near future.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Petition to oppose the major expansion of Wekiva Island signed by: Nicole Rodriguez; Gail Arena; Susan Hunt; Andrew illegible; Shirley Hangerford; Susan Jefferson; Ana Sloan; Susan illegible; Lia Salazar; Kathryn Barker; Lindsay Hoffmeister; Jack Hauch; Carol Dorsey; Boun Flanary; Haydon Rivas; Sandra Abel; John Gibson; Helen Hymer; Lisa Peterson; Jennifer Taylor; Theresa Johnston; Jennie Hess; Jeffery Baird; Richelle Schneider; Catherine Farley; Lindsay Chapman; Sherry Gardner; Karen Gordon; Raj Saxena; Fred Milch; Donovan Gordon; Barbara Brown; Ashleigh illegible; Janice illegible; Hollie Ross; Janet Gibson; William Foster; S. Fannah; Raymond Fannan; Carole Baird; Charles Hummel; Lynn illegible; William illegible; Becky Baker; Ashley Keating; Julia Keating; Dale Jacoby; Josh Benson; Melany Gartz; Joy Peeler; Marjorie Herdon; Cindy DeChellio; Jill Croom; Nancy Potter; Michael Nasser; Phyllis Nasser; Candace Niznik; Lynn Cherwa; illegible; Nancy Sharifi; Erin Watkins; Westley Vazquez; Jeffrey Payton; Bayo Rasol; Sara Poltter; illegible; Cynthia illegible; Robert illegible; Ann Vassilion; Arthur Allison Jr.; Deborah Allison; Mary Smothers; Blake Buddendorff; Michael Gich; Barbara Gich; Lucida Britt; Nancy Prine; Lorraine Williford; Axel Figueroa; Maria Claudio; Heidi Reveron; Nicole Hubbell; Aimee Botens; Marsha Lorenz; Charles Obernetter; Bernadine Delafield; Heather Hoffmeister; illegible; Veenu Banga; J. DeGarcia; John Hoffmeister; Flora Benfeld; Imane Benazzou; John Blakeney; Margot Nelson; TonniAnn Mariani-Mezera; Joseph Mariani-Mezera; Katelyn Ficalora; Brittany Trabulsy; Robert Siegrist; Kathleen Jones; Leanna Marie Duh; Melissa McClafferty; Travis Wood; Lorri Dalac; Audrey Karwandy; Elizabeth Brkich; Patricia Caputo; Barry Steinhart; Jerry Hatley; Arlene Polucheck; Alizmar Rivera; Pricilla Sanariz; German Sanariz; Garrett Guthrie; Allison Enfinger; Danny Dunn; Staci Farley; Dale Janes; Margie Dunn; Mary Rei; Bill Evans; Kristine Evans; Dave Krupar; Michael Duh; Jade Glidden; illegible; Christine Willard; Karen Belker; Lisa Krist; Saundra Nicholson; Maggie Lentz; Blake Putman; Jeff Pellen; Mariam Starr; Patti Canfield; Carol Mayer; Cynthia Kay; Michael Kay; Karen Larkey; L. Ellias; Liz Liddy; Kathi Mdley; Jerry Eller; Alicia Sanders; Laura Perdomo; Mika Schiller; Loretta Pellem; Ronald Peterson; Don Lloyd; Dustin Knapp; Teresa Irby-illegible; Keith illegible; Nancy Kenney; Dena Lloyd; Janice Packwood; Ken Nicholson; Kristi Carnesale; John Carnesale; David Packwood; Theresa Lemonier; Julie Schaefer; Rose Vigilante; Jerry Irwin; Mike Sweeney; H.D. Crowninshield; Melissa Tully; Mary King; Angie Tucker; R.T. Poole; Daniel Barrett; illegible Barrett; Crystal Kinsey; William illegible; Virginia Gouty; Don Mull; Claire Griffis; Robert Richcreek; Linda Richcreek; Sharon Early; Robert Tillotson; Anthony Bube; K. Blau; Michael Cherkaoui; Juliana Cherkauoi; Meghan Wamul; Janis Perly; Kathleen Herring; Suzanne Wilkinson; Elizabeth Wenta; Valerie Irwin; Joseph Borger; illegible; Rhonda Reichle; Karen Forrest; Sophia Thomas; Noelle Marshall; Nelmarie Nieves; Essence Tornabene; Stacey Bruno; Marilyn Costigan; Dawn Salters; Joseph Salyos; Gail Lipincott; Patricia Jones; Gay Momberger; Laura Kaminsky; A. Kaminsky; and Pam Frisbey.
2. Letter dated May 9, 2018, from John Middlebrook, Rat Behavioral Expert, CFO, ALEXON, LLC, to Commissioner Horan re: his assumption of rat infestation in the CSB and wants to help the County eliminate the problem.
3. Letter dated May 18, 2018, from James Stansbury, Chief, Bureau of Community Planning & Growth, Florida Department of Economic Opportunity, to Chairman Horan re: completed review of proposed comprehensive plan Amendment #18-1ESR.
4. Letter dated June 4, 2018, from Chairman Horan, to Senator David Simmons re: opposition of the new contract procedures for storm debris removal for the FDOT.
5. Letter dated June 4, 2018, from Chairman Horan, to Senator Marco Rubio re: FEMA’s change to emergency commodity services.
6. Letter dated June 4, 2018, from Chairman Horan, to Michael Shannon, District 5 Secretary, FDOT, re: Rinehart Road & 46A Intersection Project Lake Emma Road/I-4 Intersection Project-Option 1.
COUNTY MANAGER’S REPORT
Ms. Guillet announced last month was the 32nd Governor’s Hurricane Conference and some members of staff were honored. The Community Relations team and the Information Services Department were recognized for the Prepare Seminole Program and were given the Public Education Award. She discussed the Prepare Seminole Program. She opined the County has set a model for the rest of the state as it does on many other things and congratulated the Community Relations team and the Information Services Department.
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised his Baseball and Ethics course has been approved by the Florida Bar for CLE credit. He has already had a session with the Seminole County Bar, and part of the course is not only how to work with local officials and staff but baseball and ethics as it applies to the Florida Bar rules.
ITEMS FOR FUTURE AGENDA
Brett Hiltbrand, 1819 Misty Morn Place, addressed the Board and stated he is the owner of Cornerstone Tiny Homes located in Longwood. Four years ago they went from building regular-size homes and remodeling homes to building tiny homes on wheels exclusively. They have a Florida State approval of the first modular tiny house that is Florida Building Code compliant, the only one of its kind in the state and country. Since building tiny homes, he quickly realized that the reasons for wanting to go to smaller homes are sound. They started seeing it not so much as a fad but as a real solution to the excesses that many people slave over to provide for their families. Mr. Hiltbrand asked that the County take some steps to allow for a new, more affordable housing solution in Seminole County. Affordable housing is defined as 30% or less of your income goes to your total housing budget. Florida has the third lowest affordable housing availability in the country with only 27 available units for every 100 families or people in need. They don’t have a bedroom shortage in this country, but they do have an affordable housing crisis which screams at him that they are not allowing houses to be built on a smaller scale. He discussed statistics relating to affordable housing.
Mr. Hiltbrand stated he found 10 lots (7 that they were allowed to build on) in Oviedo that were perfect for his homes. They got the lots under contract with 90 days to closing and put a post on Facebook on a Thursday. That post went viral, and on Friday they were on three different newscasts and they made several newspapers in the area. That Friday they took in four $5,000 deposits on 7 lots. They could have sold 35 to 40 homes that day no question. They didn’t build a single one of the homes due to the fact that they hadn’t done enough work in the time that they’d had to find out what all of the fees were going to be and the cost of building was going to be. It made it a losing proposition for Mr. Hiltbrand. He advised they ended up having to walk away from those lots, but it proved to him that there’s a huge demand for those homes. It also proved that he is a very good home builder, but he is not a developer.
Mr. Hiltbrand explained his new code-compliant tiny home meets or exceeds Florida Building Code and is delivered complete and attached to an awaiting foundation. He feels it is a perfect solution to tiny-house living and a great step into acceptance by the Building and Zoning officials. It is code compliant and inspected by a State-appointed, third-party engineer in his shop. It is built with stringent tolerances and closely monitored by a State-licensed contractor and engineer. He expects his homes to have the same or greater lifespan of a typical site-build home. His homes on available County-owned surplus lots can cost as little as $450 a month; that is homeownership, not rental.
In order for his plan to work, Mr. Hiltbrand stated he needs a County or City with no minimum square footage requirements on new construction. He also needs a fair and reasonable impact fee structure based on square footage or number of habitable spaces in the building. He respectfully asked the Board to look into abolishing the minimum square footage requirements in residential zoning in the county allowing auxiliary dwelling units, also known as ADUs (Accessory Dwelling Units), in residential areas.
Chairman Horan confirmed with Mr. Hiltbrand that Cornerstone Tiny Homes has been a business spotlight feature at a previous BCC meeting. Mr. Hiltbrand stated at that meeting, the Board thought it was a good idea and asked if he had provisions for this in Zoning and the answer was no, and as he remembers the Board said they need to get that done. But that was about a year and a half ago, and now they have been through a lot of development with his new product and haven’t had the chance to come back before the Board.
Commissioner Carey asked how the houses are secured to the ground. Mr. Hiltbrand answered they are bolted to a foundation. Commissioner Carey stated she remembers when they had this business spotlight and the Board said that they should look at how they can accommodate this because they talked about this being a great opportunity as part of the solution to the affordable housing issue. Ms. Guillet explained staff has been working on that and they’ve also been engaged in the region-wide affordable housing work sessions, working with the other jurisdictions in Central Florida. They just wrapped up the last work session, and she believes tiny houses were a part of that discussion. Mr. Hiltbrand responded the issue he found most staggering was it took two years to put that work session together. He asked respectfully how long will it take to actually act on what was found in that work session. Chairman Horan replied he joins Mr. Hiltbrand in that frustration and has voiced it at a couple of meetings of the Central Florida Commission on Homelessness about the task force and how long it was taking to get going. Chairman Horan asked if there is something coming out of that task force. Mr. Hiltbrand replied Osceola County made moves to allow ADUs in all residentially zoned areas even before the third work session. He pointed out the City of Orlando and Orange County are in the first stages of approving two very large steps into affordable housing.
Ms. Guillet stated she has been working with the Board very closely on the homelessness issue so they know affordable housing is a big concern in the community. She believes they need to look at what the impacts would be, but they would absolutely be willing to work with Mr. Hiltbrand. She thinks staff has done some additional research and is further along than they were last time they talked about it.
Commissioner Carey stated the issue is that the County doesn’t have anything in their LDC that would allow a small lot and the minimum square footage that they provide. She thinks when they talk about compatibility they have to figure out where is a compatible comparison. She reminded that she has said if on every subdivision they get, they took a small percentage of them and made them have smaller lots and smaller houses, they could address some of the shortfall that they have. Commissioner Carey pointed out Mr. Hiltbrand’s problem is the County has a minimum square footage of 1,100 square feet. Ms. Guillet replied there are opportunities in the agricultural districts, and Mr. Hiltbrand replied agricultural doesn’t help the people that need this type of a home because there are no services close enough to them. Commissioner Carey agreed and added they need transportation and other services.
Commissioner Carey stated the County allows mother-in-law suites but the difference is, it can’t have a kitchen; so they’re truly for you to have someone close by that you’re giving care to, not necessarily somebody living in one full time. She believes it is time that they look at that issue.
Speaker Request Form was received and filed.
Walt Griggs, 5654 Magnolia Bloom Terrace, addressed the Board and stated he is the president of the Aloma Woods HOA. He explained a number of upset homeowners have approached him concerned about a news report that Seminole County was considering privatizing its libraries. So he wrote to his district Commissioner, and in response he received a document done by the County Manager’s Office and provided it to the homeowners. He claimed you would have thought he poured gasoline on a fire. He opined the one sentence that upset his residents was the one that compares landscaping and garbage collection to outsourcing an entire division that employs 100 people.
Mr. Griggs found a study on outsourcing public libraries that was done by the State of Florida that was very detailed and over 60 pages. In the study he found that outsourcing the day-to-day operations of a public library is not something that is sought for a library that can readily solve its own problems and such contracts should not be entered into to cut funding. He discussed other findings to support his opposition to outsourcing the libraries.
Mr. Griggs stated on June 4, an RFP (Request For Proposal) was issued by the County to outsource the management and operation of the Seminole County public libraries without an open meeting or business case. The people he has talked to believe that the public needs to understand and hear why their library needs to be outsourced. Mr. Griggs requested a complete business case be presented to the Board for their consideration before any proposals are open. Chairman Horan clarified that the reason they issue an RFP is so they can have a public forum on that particular proposal so somebody could show the Board the business case and they could have that examined in a public forum.
Mr. Griggs explained the reason that was stated in the document to do the outsourcing was to reduce expenditures. He asked himself how bad is the library that the County wants to issue an RFP to dump management without a public hearing. He reviewed some library statistics published by the State of Florida and indicated Seminole County’s library system is one of the best. He claimed he can’t imagine why anyone would want to outsource a division with that kind of performance record. Mr. Griggs stated if the Board pursues this, they are going to upset a lot of people; and they aren’t going to save any money.
Ms. Guillet stated she thinks it would help to have a little bit of a background as to how they got to where they are today. She stated there was a midyear budget session where staff gave the Board a financial update and they did some projections moving forward with what the financial output is. And one of the driving factors that they are dealing with in the county and everywhere else in the state is the proposal for an additional homestead exemption. She explained what that means for Seminole County is an $11 million decrease in revenue; $3 million to the Fire fund and $8 million to the General fund. The library services are funded out of the General fund. One of the things that staff has been charged with is to try to find a way to bridge that $8 million shortage. She discussed the economic downturn and the results of that including closing the libraries one day a week.
Ms. Guillet explained staff is looking at what the different options are for providing services to the community and outsourcing is one of those options. What they have done is issued an RFP in hopes of getting a business case to help staff decide whether or not it is a viable option for this particular service. She advised there have been no decisions made but pointed out other governments in the state have saved significant amounts of money by outsourcing the library service. It might not be the right path for this county, but unless they get proposals that include the business case, they won’t know that answer. That is what the RFP is intended to do. They expect to receive responses that will give staff the opportunity to evaluate whether or not it is appropriate to pursue this particular approach to providing library services.
Ms. Guillet stated any decisions with respect to that are done in the public. They are not decisions made by staff; they are made by the Board. The public has the opportunity to comment on it; and if it looked like they were going to go down that road, there would be public meetings outside of this forum. She advised staff’s intent is to see what their options are and to see how they can continue to provide all of the services that they provide in Seminole County from law enforcement to mosquito control to emergency management and understanding where their opportunities are to cut expenditures so they can continue to provide the same level of service. The other alternative to cutting expenses is cutting levels of service. Those are the decisions that the Board is going to have to make with respect to the loss of revenue should the homestead exemption pass.
Ms. Guillet assured there haven’t been any decisions made, and she knows there has been a lot of angst about the issue and as a result there has been some misinformation; but right now, staff is just trying to get more information. She has talked to each of the Board members individually and there’s been no commitment or no prejudgment on whether or not this is the appropriate way to go until they’re able to see the business case, which is an absolutely necessary step. And they may decide any gains that may be made are not worth the potential impacts to service. Chairman Horan reminded that all of those decisions will be made in public.
Commissioner Carey opined a lot of people don’t really understand the role of the Commission. Under the Charter, it’s the County Manager’s responsibility to prepare a balanced budget and present it to the Board by mid-July, and it is her responsibility to look at every possible line to see where she can make sure that budget stays balanced. She explained the Board has sent strong signals, and have for years, that it is not interested in increasing the millage in the county so the County Manager needs to learn how to work within the revenues. Commissioner Carey stated with the impending additional $25,000 homestead exemption, the $8 million shortfall to the General fund, the County Manager has her staff doing whatever they can to look at all options. Commissioner Carey reminded, it’s not the Board’s job to tell the County Manager what to do, it’s the County Manger’s job to figure out what she is going to present to the Board and the Board’s job to question it and take action.
Commissioner Carey discussed the tough decisions the Board had to make back when the economy turned down. She stated there will be two budget work sessions which are always open to the public and there will be public hearings regarding the budget in September before the budget gets adopted and there will be public discussion if in fact the County Manager decides to bring this RFP forward. They’ve been trying to assure everybody of the process and remind them that there will be a lot of public discussion.
Chairman Horan advised one of the things Mr. Griggs should tell his constituents in Aloma Woods is that if they go to the website, the schedule for the work sessions and public hearings is there.
Mr. Griggs stated this county is not like other counties who have gone down this path. This county has people who are interested in keeping their libraries the way they are. Chairman Horan discussed how much the citizens love the library system in the county. In regard to the downturn, Mr. Griggs commended the County for biting the bullet and doing what they needed to do to get the county from where it was then to where it is today.
Mr. Griggs asked whether or not it is a public meeting when the evaluation committee meets to evaluate proposals. Ms. Guillet answered when they have the formal meetings, yes. Mr. Griggs asked if informal meetings are not open to the public, and Ms. Guillet answered that is correct. Discussion ensued regarding Mr. Griggs’ questions. Mr. Applegate advised he will get back with Mr. Griggs on an answer as to specific meetings and what is open and what is not so that there is no confusion. Commissioner Dallari asked staff to also give Mr. Griggs the date, time and location as to when those meetings would take place. Mr. Applegate reiterated that before Mr. Griggs leaves, he will provide him with different examples as to what is open and what is not and where public comment is allowed and not allowed. Commissioner Carey asked Mr. Griggs to write his contact number down on his Speaker Request Form. She also asked Mr. Applegate to circulate the answer to the Commissioners’ offices.
Speaker Request Form was received and filed.
Chairman Horan announced there is an Executive Session following this meeting, and it will begin at 4:45 p.m.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:35 p.m., this same date.