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.
Present:
Chairman
John Horan (District 2)
Vice
Chairman Lee Constantine (District 3)
Commissioner
Robert Dallari (District 1)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of the Court and Comptroller Grant
Maloy
County
Manager Nicole Guillet
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.
BUSINESS SPOTLIGHT
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.
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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.
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Motion by Commissioner Constantine,
seconded by Commissioner Carey, to authorize and approve the following:
County Manager’s Office
Business 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 Services
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)
Development Services
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.
Public Works
Engineering Division
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)
Watershed Management
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)
Resource Management
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)
MSBU Division
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.
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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.
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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.
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Chairman
Horan announced they have an Executive Session scheduled after the BCC
afternoon session.
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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.
PUBLIC
HEARINGS
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
District
5
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.
District
1
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.
District
3
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.
District
4
No report.
CHAIRMAN’S
REPORT
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.
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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.
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Chairman Horan announced there is an Executive Session following
this meeting, and it will begin at 4:45 p.m.
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There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 4:35 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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