November 13, 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, November 13, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.


     Chairman John Horan (District 2)

Vice Chairman Lee Constantine (District 3)

Commissioner Robert Dallari (District 1)

     Commissioner Brenda Carey (District 5)

Chief Deputy Clerk Brent Holladay

     County Manager Nicole Guillet

     Deputy County Attorney Lynn Porter-Carlton

     Deputy Clerk Terri Porter




     Pastor Preston Free, First Christian Church, Winter Park, gave the Invocation.  Commissioner Carey led the Pledge of Allegiance.


Agenda Item #1 – 2018-1031

      Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Gunner’s Mate 3rd Class Richard E. Roberts as Seminole County’s November 2018 Veteran of the Month.

     Districts 1, 2, 3 and 5 voted AYE.

     Gunner’s Mate 3rd Class Richard E. Roberts addressed the Board and expressed his appreciation.



Agenda Item #2 – 2018-1069

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt a Proclamation declaring November 5, 2018, as Orlando Health South Seminole Hospital Centennial Day.

     Districts 1, 2, 3 and 5 voted AYE.

     Maggie Bonko, Orlando Health COO, addressed the Board to express their appreciation.


Agenda Item #3 - 2018-1070

     Motion by Chairman Horan, seconded by Commissioner Carey, to adopt a Proclamation declaring November 15, 2018, as the 100th Anniversary of the Sallie Harrison Chapter of the National Society Daughters of the American Revolution.

     Districts 1, 2, 3 and 5 voted AYE.

     Jacqueline Davis, NSDAR Chapter Regent, addressed the Board thanking them for the proclamation.


Agenda Item #4 - 2018-1023

     Shelley Lauten, Chief Executive Officer, Central Florida Commission on Homelessness (CFCH), addressed the board to present a progress update.  Ms. Lauten indicated they are an advocacy group across three counties who look for ways to improve the system of care for those experiencing homelessness in Central Florida.  They are a ten-year old organization, but only four years ago did they really focus on a new model of care, taking it from individual organizations doing things in individual ways to a new model of care called “Housing First.”

     The Chronic Homelessness slide was displayed.  Ms. Lauten stated that four years ago, they got an investment of about $7 million to create a regional system of care that made a consistent approach to how they assessed people experiencing chronic homelessness, how they evaluated them, how they prioritized them, and then how they provided them the housing and care that was needed.  They have housed 339 individuals in 3 years and their goal was to house 100.  They’ve reduced the cost from $31,000 per person per year to $18,000.  They reduced emergency room costs by 60% with an 85% decrease in the use of the criminal justice system.  In addition, 96% of those in this pilot have stayed housed for those 3 years; the average person in the pilot program had been on the streets for an average of 8 years, and 8% of the people in the pilot were those who experienced homelessness in Seminole County.

     Ms. Lauten advised they identified 129 chronically homeless individuals who were living on the streets with access to services but no housing.  They had done everything that was asked of them but they could still not find them a home.  They went to the community and within six months, HSN was able to house 65 of those 129.  And at the same time, CFCH went out to the community to ask for funds that would help provide the funding necessary to make these houses homes for the 65 individuals.  They did find that the system of housing could be improved so they hired a professional realtor to help them assess and inventory recommendations on how to do a better job on housing locations.

     In regard to Family Homelessness, Ms. Lauten noted their primary role this year has been to host and facilitate a community initiative called “The Cost of Poverty Experience.”  COPE reached 300 participants and in Seminole County, they trained over 127 residents to think about the system of care and how they deal with people who are living in poverty or homelessness, and how they might start thinking better about dealing with the entire system of care. 

     In regard to the Tri-County Youth Count slide, Ms. Lauten said they looked at identifying runaway youth in their community who think and act differently than other homeless populations.  They wanted to understand the connection between the numbers of young people in the community and the services provided because they do know there is a major disconnect in the kind of services provided.  She displayed Youth Homelessness and advised they were awarded a Disney grant of $100,000 working with HSN, United Way and the Zebra Coalition to build the first ever digital ecosystem.  What they found from their young people is they are all connected on their phones and they are all connected digitally, but they had no idea where they could find services in the region, anything from a job to housing to crisis intervention.  They are developing that now and hope to go live sometime in January or February.

     Ms. Lauten stated one key issue is data and showed the Data Development slide.  CFCH is now working with HSN and Seminole County to figure out a pilot to see if they can do a better job of getting data that focuses specifically on the residents and not just the people who became homeless in Seminole County because they may move.  She noted the biggest issue for her as she came in was that they had not really focused on their housing issue and dilemma.  She opined they are at a crisis in regard to housing that people can afford.  For those who make $35,000 or less, they have a deficit across the region of 115,000 units for housing.  To afford a two-bedroom apartment in Central Florida, you must make $21.00 an hour.  So the gap between what people earn and what it costs to live in Central Florida continues to grow.  For the first time ever, CFCH is going to begin to champion and advocate for the need for more housing that people can afford.  It is a growing crisis and one that all of them needs to pay attention to.

     Ms. Lauten reported that this summer CFCH led an effort to really begin to develop a strategic framework for the next three years.  While they have had organizational direction, they have not had a community approach to where they want to head as a region, both for the literally homeless and the precariously housed.  Because of this new direction on “housing first,” she said the region has done an incredible job of coming a long way in three and a half years.  But without a strategic plan and strategic direction of what they are going to do as a community on both the literally homeless and the precariously housed and what it is going to cost so they understand the sustainable nature of this issue, they should not be moving forward.  So their focus area at the CFCH has shifted from just advocacy and challenging the system, which is how they started, to also becoming the area that can begin looking at that long-term financial impact of the decisions they make, of making sure the community understands where they are heading, and that they align the regional organizations in a way that makes sense.

     In regard to Regional Three-Year New Investment, Ms. Lauten explained they are launching this month a new focus.  They have been tasked with raising $6 million investment to expand the chronic homelessness pilot from where they are today to be able to house about 1,000 chronically homeless over the next three years.  She expressed where she is concerned is that over the next three years to continue just on the chronic homelessness front, it will cost an increase of $24 million from government to maintain the housing for the current 339 plus add another 600 or 700 that are in the pipeline of chronically homeless individuals, plus a $6 million private sector investment to invest in things that government cannot pay for.  She opined that government cannot do this alone and they need to be their partners in the private sector and they need to be able to leverage government funding in a way that makes sense.  She displayed Seminole County’s Cumulative 3-Year Cost of $1,155,972 and stated this gives a slice of Seminole County’s investment on chronic homelessness alone if they are to continue at the pace that they are setting for themselves.

     Regional Three-Year New Investment was shown and Ms. Lauten said this is a public-private partnership where community dollars can leverage what government is doing and moving forward.  In regard to the Legislative Advocacy slide, she said they are really ratcheting up; they have dabbled in it before but they are getting serious about it now especially on Medicaid 1115 Waiver.  She explained this was a pilot to see if they can bring down Federal Medicaid dollars for the homeless population only but somehow it just got stuck.  Governor Scott signed off on it; it went up to the Federal Government and it got lost.  They are trying to find that now and they have their federal partners working very diligently on this.  She opined the most important thing this region could do it to “unstick” this Medicaid waiver if they want to find a sustainable funding source for their chronically homeless population.  Commissioner Dallari suggested they request staff to contact their federal lobbyist to try to assist on this issue, and if they need to put that in writing they should do that also.  Ms. Lauten noted they are working on that now and will get a written statement to the Board that they can sign off on.

     Also in regard to advocacy, Ms. Lauten expressed they need to protect the Sadowski Fund which seems like a fruitless effort, but they are going to keep trying it.  For ten years now the Sadowsky Fund was to give funding for affording housing across the state.  It has been swept every year for about ten years to the tune of about $1.2 billion for affordable housing, and it keeps getting swept to the General Fund.  They have created something called the “Home Team” which is made up of all the business-led organizations in the region like the Apartment Association, Realtors Association, Homebuilders Association, and so forth, who will lobby as a team.  And they are starting a Regional Housing Taskforce to really look at local, state and federal efforts that can help them propel their efforts on housing that people can afford.

     There are five regional organizations that have been owning different pieces of this regional homelessness pie.  Last year at the direction of CFCH, they formed an alignment committee and have now successfully executed a Memorandum of Understanding that outlines roles and responsibilities of the five organizations (HSN, CoC-FL 507, CRN, CFCH and Central Florida Foundation) moving forward, which is a huge accomplishment.  She expressed she cannot thank the region enough for its advocacy on this because governance is a real issue and continues to be.

     Commissioner Carey stated they will have a new House coming in at the State and the Sadowsky Fund had over $1 billion swept out of there over the last ten years into the State General Fund.  She thinks it is a great opportunity for them to educate them on the importance of these funds coming to the region, which is what they were intended for, to help with the homelessness issue.  This is not an easy issue to solve, they all know that.  She thanked their business leaders who have spent a lot of time and money and personal funds to try to help them in Seminole County solve some of these issues.  She is glad to see that some of the information coming out of HSN is starting to flow a little better and she hopes that will continue to progress in a positive way.  Ms. Lauten mentioned she really believes that CFCH’s role is more of an economic development issue than it is a social service issue.  They have a lot of great social service providers, but they have to help their legislators understand that homelessness, near homelessness, and affordable housing are all economic development issues.  If they are dragging behind and the gap between those that are making it and those that are not continues to grow, they will not be a prosperous region.

     Chairman Horan expressed that their Sheriff’s Department is their secret weapon in terms of the homelessness issue, and one of the great reasons Seminole County has been so effective is that through the community policing that the Sheriff’s Office does, and also the fact that they are in charge of the jail, they have been able to accumulate data and are able to access that data and to change it on a dynamic basis in such a way that has been very helpful, so they also have the best data in the region.  He commended Ms. Lauten for doing a great job.

     Ms. Guillet displayed the slide regarding Seminole County’s costs (page 23).  She noted in regard to the issue of continuing the effort to house 339 individuals that the money originally came from Florida Hospital.  They are now coming to the local governments asking them to continue this momentum.  In order to maintain housing and services for the 27 folks in the system now from Seminole County, CFCH is asking for an additional $176,280.  She said she is trying to figure out the best way to fund that.  She clarified this would be to keep them in the existing system they are in now with all of the existing complement of services.  They are looking internally at whether they could take that over and do it more efficiently.  They are trying to run some numbers for this.  She wants the Board to be prepared that they are going to have to deal with this number in the near future (before December 31) in order to keep things afloat.  Staff will be back to talk with the Board about the issue of funding in the next month.  Chairman Horan noted that he addressed this in a letter to Dr. David Swanson and read from the letter that Seminole County is reviewing plans to directly provide housing and services to the 28 chronically homeless individuals who have been receiving assistance under the year’s long CFCH-led initiative to create a regional continuing system of care to address homelessness.  Ms. Lauten noted that this is not coming to the CFCH, but the way it had been pooled before is that all the money went into the Central Florida Foundation and then the service provider organizer was HSN, so the money was let to HSN and then they managed not only the amount of money but also the ratio of service providers to clients.  Every county is evaluating whether they want to have that pass through; it will still pass through the Foundation or HSN whether or not they might want to do it themselves.  The Commissioners thanked Ms. Lauten for her great work and the update.



     Nicole Guillet, County Manager, announced there is an addition which is Item #12A, approval of a subdivision plan.  Commissioner Dallari requested that Items #17 and #18 be pulled for separate discussion.  Chairman Horan stated he knows there are two people that want to speak on Item #15, so he is also pulling that for separate discussion.

     With regard to public participation, no one in the audience spoke in support or in opposition to the items on the Consent Agenda that were not pulled and public input was closed.

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

     County Manager’s Office

     Business Office    

 5.  Approve travel and mileage reimbursement to Commissioner Lee Constantine for miscellaneous travel from July 18, 2018, to September 28, 2018; and authorize the use of Chairman John Horan's travel account in the amount of $362.63.  (2018-1042)


Community Services

Community Assistance

6.  Approve and authorize the Chairman to execute a Subrecipient Agreement with Catholic Charities of Central Florida, in the amount of $137,842 to provide housing stability case management services and bridge housing for homeless families with minor children in Seminole County.  (2018-1059)

Community Development

7.  Approve and accept the Neighborhood Stabilization Program (NSP) Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of September 2018. (2018-1055)

8.  Approve the proposed technical revisions to Seminole County’s Local Housing Assistance Plan (LHAP) Rental Construction and Rehabilitation Strategy for fiscal years 2016-2019 to increase the maximum award and allow for the development of single-family, affordable rental units using State Housing Initiatives Partnership (SHIP) funding; Certifications for SHIP FY 2016-2017 Funding.  (2018-1063)

9.  Approve and authorize the Chairman to execute the Local Government Verification of Contribution Loan Form to provide for the local contribution of $50,000 in support of an application to the State of Florida for State Apartment Incentive Loan (SAIL) funds for the development of affordable rental housing units in Seminole County; Villas at Academy Place.  (2018-1064)


Development Services


10.  Approve the certified costs to abate the unoccupied structures located at 96 Spring Street, Altamonte Springs; and issue a Findings of Fact, Conclusions of Law, and Order imposing Lien for Cost of Public Nuisance Abatement against the property for the certified costs incurred by the County in the amount of $11,644.93; and authorize the Chairman to execute a Release of Lien upon payment in full; Ralphael Quinn.  (2018-1028)

Planning and Development

11.  Authorize the release of the Cash Maintenance Bond (Paving and Drainage) in the amount of $9,243 for the Galileo Charter School; Charles Cordes.  (2018-1014)

12.  Adopt appropriate Resolution #2018-R-143 vacating and abandoning a portion of a platted fifteen-foot (15') wide Utility & Drainage Easement on Lot 7, Southerland’s Strip, as recorded in the Public Records of Seminole County, in Plat Book 52, Pages 29 & 30, for property more particularly known as 130 Whitcomb Drive; Edwin Lemoine.  (2018-1034)

12A. Approve the plat for the Wexham Court Subdivision containing seventeen (17) single-family residential lots on 7.39 acres zoned R-1 (Single-Family Dwelling), located on the southwest corner of East Lake Drive and Sunset Road; Scott Johnston.  (2018-1077)


Environmental Services

Solid Waste Management

13.  Approve and authorize the Chairman to execute the Non-Exclusive Franchise Agreement for commercial solid waste collection services with JJ's Waste & Recycling, LLC from November 13, 2018, to September 30, 2019.  (2018-1071)

14.  Approve and authorize the Chairman to execute a Memorandum of Understanding with the City of Winter Springs Police Department to establish a place on the parking lot of the County’s Central Transfer Station for the City’s mobile command post during a storm event (emergency) or time of disaster.  (2018-1072)


Fire Department

Business Office

15.  Pulled for separate discussion by Chairman Horan.


Public Works


16.  Adopt and authorize the Chairman to execute appropriate Resolution #2018-R-144 designating certain County-owned property as County right-of-way for Osceola Road in connection with the Osceola Road Drainage Project.  (2018-1048)

17.  Pulled for separate discussion by Commissioner Dallari.

18.  Pulled for separate discussion by Commissioner Dallari.

Traffic Engineering

19.  Approve and authorize the Chairman to execute a Traffic Enforcement Agreement between Seminole County, Seminole County Sheriff's Office and Wingfield North Homeowners Association, Inc. to enforce regulatory signs within the Wingfield North subdivision.  (2018-1065)


Resource Management


20.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-145 implementing the Budget Amendment Request (BAR) #19-006 establishing funding for the State of Florida Fish & Wildlife Conservation Commission purchase order for the Habitat Management grant in the amount of $15,000.  (2018-1056)

21.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-146 implementing Budget Amendment Request (BAR) #19-007 through the General Fund Reserves in amount of $22,347 for Medical Examiner services for the County.  (2018-1058)

22.  Approve and authorize the Chairman to execute appropriate Resolution #2018-R-147 implementing the Budget Amendment Request (BAR) #19-009 to appropriate budget of $58,700 from General Fund reserves for repairs of sumps located at the Fleet Fuel Island.  (2018-1060)


Purchasing & Contracts

23.  Approve the use of reSOURCE Government Services LLC, Orlando, to provide Temporary and Employment Recruitment Services for the County based on the terms, conditions and pricing of the Martin County’s contract RFB2018-3038 (estimated annual usage up to $250,000); and authorize the Purchasing & Contracts Division to issue Purchase Orders.  (2018-1074)

24.  Award RFP-603251-18/TLR - Term Contract for Mechanical Treatment Products and Services for Shrubs & Trees to Sumner Land Management, Balm, (not-to-exceed $42,000 annually); and authorize the Purchasing & Contracts Division to execute the Agreement.  (2018-1015)

25.  Award RFQ-603240-18/TLR - Mobile Concession Services to Steven Scott Schrieber d/b/a Chick-Fil-A Lake Mary Blvd., Lake Mary, and Jeremiah's Italian Ice Manufacturing, Inc., Casselberry; and authorize the Purchasing & Contracts Division to execute the Agreements (Revenue Generating).  (2018-1052)

26.  Approve the Sole Source Procurement SS-603329-18/BJC for the purchase of two (2) 600 KW Generators for the John E. Polk Jail Facility from Genset Services, Apopka, in the amount of $308,172; and authorize the Purchasing and Contracts Division to issue the Purchase Order(s).  (2018-1053)


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





Consent Agenda Item #15 – 2018-1073


Chairman Horan stated this item is to approve a COPCN and assignment of a Non-exclusive Ambulance Franchise Agreement for GO LOGIX, LLC.

Mark Oakes, Fire Chief, addressed the Board noting that the item is a COPCN for non-emergency transport, which is basically requesting authorization to move patients from homes to assisted living facilities or from hospitals to facilities.  He added there are a couple of other companies they use to also provide these services.  Commissioner Carey asked how many other companies they have that have the COPCN.  Ms. Guillet responded that there are at least three others. 

Jordan Miller, 100 North Tampa Street, Tampa, addressed the Board on behalf of American Medical Response, which is an existing provider of ambulance service in Seminole County.  They have been doing so for several years.  His understanding is they have an excellent record.  He is here to address the GO LOGIX application.  This is for a Certificate of Public Convenience and Necessity.  He thinks the Board should carefully consider the necessity portion.  American Medical Response has capacity to serve whatever needs Seminole County has, and they are not operating at full capacity right now.  They have ambulances that are just sitting there that could be put to use.  He noted he is not here to speak against competition, but in this area of semi-public utility, if they are not already utilizing the services that they have, their request is to table consideration of this application so they can have their people meet with the stakeholders, the Fire Department, to discuss what they could do to fill the need.  He stated if they cannot come to some kind of agreement, so be it, but they just wanted to make their position known today that they can provide extra services and they are not being utilized fully.  He talked about the Franchise Agreement for GO LOGIX stating there are certain insurance requirements necessary for them to meet, and it doesn’t appear to be the case on the liability certificate. 

Robert Eberhart, 606 27th Street, addressed the Board advising he is the managing director for Faulk SE II Corporation d/b/a American Ambulance in Seminole County and they have been serving the County for approximately 20 years.  He stated, like Mr. Miller, he is not requesting that the application be denied but merely postponed.  This request comes with the following concerns from them as a provider.  The State of Florida specifically grants this Commission the authority to grant COPCNs based on need.  He stated he failed to discover in the GO LOGIX application that there have been, to his knowledge, no service complaints or issues regarding ambulance services in Seminole County.  He noted when Hurricane Irma came through, the County asked them for eight to ten ambulances to staff shelters for up to seven days, and they were there.  They provide six to ten ambulances at no cost to the County every July 3rd for “Red, Hot and Boom.”  They specifically ask that the Applicant demonstrate a need in Seminole County.  He noted this would be the first CON that is offered in Seminole County with a basic life support and not an advanced life support.

Public Comment Forms were received and filed.

Commissioner Carey addressed Chief Oakes stating he is the one moving this forward and she assumes based on that fact that the insurances they have outlined, including all of the additionally insured, is in check.  She said like with many other non-exclusive services that the County provides, if the Chief did not feel there was a need to bring this forward, she does not think he would have.  Chief Oakes responded that she is correct.  He remarked the two gentlemen that spoke do provide a fine service and they do meet a lot of their needs.  There are times when the needs have not been met however; they are very few but there have been times with some of the hospitals that patients had to be transported to another facility and there was no availability.  The Fire Department has done that only when needed for critical patients.  He noted the community is growing and the needs for the non-emergency service are there so he thinks there is plenty of market for everybody in this and it will benefit the community as a whole.  Commissioner Carey questioned whether the Chief had any concerns in connection with the issue that was raised about advanced life support.  Chief Oakes stated a lot of the transports only require basic life support because it is just a facility transfer.  If advanced life support is needed, those resources are available.  Commissioner Carey confirmed that these are all private transports; they are not public and they are just allowing another company to provide that service in the market.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN) and Assignment of Non-Exclusive Ambulance Franchise Agreement for GO LOGIX, LLC.

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

2040 Transportation Master Plan and Stormwater Master Plan


Consent Agenda Item #17 - 2018-1029

Consent Agenda Item #18 - 2018-1030


     Commissioner Dallari stated he believes that they should have a work session to dive deeper into Items #17 and #18, the transportation and stormwater projects.  He added he thinks the new makeup of the Commission (after November 20) should be talking about what the priorities are.  He also suggested that each Commissioner be briefed prior to the work session and he would like to see it scheduled in January.  Commissioner Carey agreed stating this is a lot of information and a lot of long-range planning.  They will have two new Commissioners coming in and she had some questions about some of the items as well.   Commissioner Dallari said he wanted to ensure that sometime in December all the Commissioners (both current and new) are briefed.  Ms. Guillet noted they will pull Items #17 and #18 from this agenda.  Chairman Horan confirmed they will have a work session in January and then these will be put back on the agenda.  No objections were voiced. 


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

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

27.  Adopt appropriate Resolution #2018-R-148 related to the issuance of Series 2018 Bond Anticipation Notes on behalf of CCRC Development Corporation, the proceeds of which will be applied by the Corporation to (1) finance additional costs related to the 2016 project including modifications to the proposed unit configuration of the Legacy Pointe Health Care Facility and additional preconstruction development and marketing costs and (2) pay costs of issuance related to the Bond Anticipation Notes.  (2018-1051)


Lynn Porter-Carlton, Deputy County Attorney, advised this is a request by the Seminole County Industrial Development Authority (SCIDA) asking the Board to adopt a Resolution in accordance with the Internal Revenue Code requirements to approve issuance by the Authority of Revenue Bond Anticipation Notes not to exceed $3 million.  This is for additional financing on behalf of the non-profit corporation developing the Legacy Pointe at UCF Project.  The project facility will consist of independent living, assisted living and memory support units as well as skilled nursing beds. 

Upon inquiry by Commissioner Constantine, Ms. Porter-Carlton explained the Board did approve the original financing amount; this item is a request by the developer for some additional financing for marketing costs and additional preconstruction development costs.  They are going to reconfigure the units in the facility.  Upon further inquiry by Chairman Horan, Ms. Porter-Carlton stated this is financing for the non-profit corporation developer.  It does not obligate the County to provide financing. 

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


Clerk & Comptroller’s Office

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

28.  Approve Expenditure Approval Lists dated October 8, 15, and 22, 2018; Payroll Approval Lists dated October 4 and 18, 2018; the BCC Official Minutes dated August 28 and September 25, 2018, and the Budget Public Hearing Minutes dated September 25, 2018.  (2018-1062) 


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



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

1.  Performance Bond #SU1153491 (Roads and Sewer Systems) in the amount of $417,856.45 and Recording of Plats, for the project known as Meadows at Hawk’s Crest Phase 2 (Final Plat); Taylor Morrison of Florida, Inc.

2.  Performance Bond #30053100 (Private Roads) in the amount of $2,509,233.41, Title Opinion Letter, and Recording of Plats, for the project known as Water’s Edge at Hawk’s Crest (Final Plat); Meritage Homes of Florida, Inc.


3.  Maintenance Bond #CMS0330167 (Water and Sewer Facilities) in the amount of $63,334.01, with a Surety Rider effective 10/9/18 changing the amount to $65,334.01, for the project known as Parkdale Place; Park Square Enterprises, LLC.


4.  Bill of Sale accepting the water and sewer system for the project known as Parkdale Place.


5.  Bill of Sale accepting the water and sewer system for the project known as The Station at Alafaya.


6.  Conditional Utility Agreement for water, wastewater or reclaimed water services with Developer and Builder Group, LLC for the project known as Modern Jamestown Reserve.


7.  Utility Easement with Joan A. Clowney, Grantor, in connection with the Citrus Street and Orange Avenue Right-of-Way Vacate.


8.  Infrastructure in Right-of-Way Maintenance Agreement (Hawk’s Crest Drive) with Hawk’s Crest Drive at Winter Park Homeowners’ Association, Inc., and Warranty Deed with Meritage Homes of Florida, Inc., Grantor.


9.  Warranty Deed with LOTW Fern Park, LLC, Grantor.


10.  Development Orders #18-30000065, Frank & Stacey Courtney, 1450 Barton Street; #18-30000066, L.W. Ziebarth (Trustee), 1661 Carlton Street; #18-30000068, Sallie Sheets, 600 Oakhurst Street; #18-30000069, Jack Owen, 201 Brynwood Lane; #18-30000070, Judith Rish (Life Estate), 2038 Sepler Drive; #18-30000071, Matthew & Rachel Melone, 804 Vista Cove; #18-30000073, David Broussard and Chia Rowe, 237 Alpine Street; and #18-30000075, Charles & Renee Stagner, 1353 Tappie Toorie Circle.


11.  Development Orders for Alcoholic Beverage License #18-27500033, Oviedo McCulloch LLC, 1640 McCulloch Road (Seven-Eleven); and #18-27500032, Parkers Corner LLC, 3640 Aloma Avenue (Seven-Eleven).


12.  Final Grant Documents from U.S. Department of Housing and Urban Development (HUD) including Funding Approval/Agreements (3) and Funding Approval and HOME Investment Partnerships Agreements (2); 2017/18 One-Year Action Plan approved by the BCC on July 24, 2017.


13.  Second Amendment to Subrecipient Agreement with Hope Helps, Inc. for Program Year 2015/16; 2015/2016 One-Year Action Plan approved by the BCC on July 28, 2015.


14.  Tourist Tax Funding Agreement with Pro Swings for the Power 50 Invitational.


15.  Tourist Tax Funding Agreement with Kevin J. O’Donnell d/b/a D9Events for the 2018 Sun Classic Fall.


16.  Parks Contract for Services with Lynn Ford.


17.  Work Order #2 to PS-0121-15 with Singhofen & Associates, Inc.


18.  Work Orders #22 and #23 to RFP-0336-15 with Site Secure, LLC, a Miller Electric Company.


19.  Amendment #3 to Work Order #7 to RFP-0532-15 with Connect Consulting, Inc.


20.  Notice to Proceed for Work Order #22 to CC-0559-15 with Southland Construction, Inc.


21.  Work Order #6 to RFP-0672-15 with The Colinas Group, Inc.


22.  Closeout to CC-1099-16 with Wharton-Smith, Inc.


23.  Amendment #4 to M-1243-17 with C.T. HSU & Associates, P.A.


24.  Closeout to Work Order #3 to RFP-1294-17 with Blackstreet Enterprises, LLC.


25.  Change Order #2 to Work Order #4 to RFP-1294-17 with Blackstreet Enterprises, LLC.


26.  Change Order #1 to Work Order #6 to RFP-1294-17 with Pat Lynch Construction.


27.  Closeout to CC-1295-17 with Bio Mass Tech, Inc.


28.  Closeout to CC-1313-17 with SanPik, Inc.


29.  Work Order #4 to PS-1320-17 with Southeastern Surveying and Mapping Corp.


30.  Change Order #1 to Work Order #1 to CC-1391-17 with Schuller Contractors, Inc.


31.  Amendment #2 to Work Order #1 to PS-1405-17 with Johnson, Mirmiran & Thompson, Inc.


32.  Work Order #3 to PS-1473-17 with S2L, Inc.


33.  Work Order #5 to PS-1474-17 with S2L, Inc.


34.  Amendment #2 to CC-1525-17 with Florida Safety Contractors, Inc.


35.  Change Order #1 to CC-1719-18 with CTR III Enterprise, Inc. d/b/a CEG.


36.  Change Order #1 to CC-1831-18 with Construction Partners LLC.


37.  Change Order #2 to CC-1934-18 with Blackstreet Enterprises, LLC.


38.  CC-1988-18, Construction Services Agreement, with Construction Partners, LLC.


39.  CC-2042-18, Construction Services Agreement, with TDH Construction, Inc.


40.  CC-2092-18, Construction Services Agreement, with Glen Holt Aluminum, LLC.


41.  Change Order #3 to Work Order #13 to CC-9184-13 with Affordable Development.

42.  Change Order #1 to Work Order #15 to CC-9184-13 with Affordable Development/Driveways, Inc.


43.  Change Order #1 to Work Order #16 to CC-9184-13 with Affordable Development.


44.  Amendment #20 to RFP-601461-12 with Florida Cleaning Systems, Inc.


45.  Amendment #5 to IFB-602286-15 with Precision Power Services, Inc.


46.  Amendment #1 to IFB-602336-15 with Stryker Sales Corporation (Medical Division).


47.  Amendment #1 to IFB-602595-16 with Duval Landscape Maintenance, LLC.


48.  IFB-603206-18, Term Contract, with Head USA, Inc.


49.  IFB-603258-18, Term Contract, with Allied Universal Corp.



     Ms. Guillet expressed they have great staff here in Seminole County and they typically go above and beyond.  She noted they wanted to share an extraordinary example of that.  Two Leisure Services employees, Domenic Mancini and Nelson Ferrer, acted very quickly and outside of the scope of their normal responsibilities which had a tremendous impact on several families.  She said this had been reported on the news.  A video was shown of the employees rescuing four young adults after their vehicle veered off the road into a lake and was rapidly sinking. 

Fire Chief Oakes stated that Fire Department personnel who were on the scene advised him that without the assistance of Messrs. Mancini and Ferrer, these young people would not have made it.  He commended them and presented both with a Life Saving Award.  They will also be presenting to them at the Fire Department Awards ceremony as well.  The four that were rescued were introduced and recognized.  The Board along with the County Manager thanked the heroes for their courage and expressed pride in their life saving efforts.


Chairman Horan recessed the meeting at 10:55 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.


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

     Districts 1, 2, and 5 voted AYE.


     Commissioner Constantine entered the meeting at this time.



Agenda Item #29 – 2018-1075

     Proof of publication calling for a public hearing to consider an Ordinance amending Chapter 218 of the Seminole County Code, Publicity and Promotion; Section 218.17, Minimum Award Criteria; and Section 218.19, Grant Agreements; providing for codification in the Seminole County Code, severability and an effective date, received and filed.

     Tricia Johnson, Chief Administrator of Economic Development and Community Relations, addressed the Board and discussed the JGI program.  She stated during a work session earlier this year, staff was directed to amend criteria related to award eligibility to the JGI application and the performance monitoring tool.  Ms. Johnson detailed the proposed changes as outlined in the Agenda Memorandum.  She explained the JGI program will remain performance based and no incentive will be paid out until jobs are created and maintained for a vesting period of two years.  The company will then be required to submit annual reports to the County demonstrating compliance with the grant agreement prior to each payment.  In addition to the proposed Ordinance and Resolution amendments, supplemental questions have been included in the JGI application and monitoring tool which include requests for individual job titles and salaries, information related to local competition, details related to other locations under consideration for an expanding or relocating business, and more detailed job creation questions.

     Ms. Johnson stated staff will also encourage potential applicants to consider the State’s Qualified Target Industry (QTI) prior to applying for the County’s JGI.  Companies that wish to relocate within the state of Florida to Seminole County will be considered on a case-by-case basis.  She advised staff recommends approval.

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

     Commissioner Constantine stated they had a work session regarding this item, and he thinks that the changes will make the program a lot better and a lot more worthy of the Commission’s support. 

     Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt Ordinance #2018-36 implementing appropriate Resolution #2018-R-149 amending Chapter 2018 of the Seminole County Code “Publicity and Promotion”; Section 218.17, “Minimum Award Criteria”; and Section 218.19, “Grant Agreements”; providing for codification in the Seminole County Code; providing for severability; and providing an effective date; as described in the proof of publication.

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


1851 Shadyhill Terrace


Agenda Item #30 – 2018-0463

Continuation of a public hearing from March 27, April 24, and May 8, 2018, to consider a Resolution to issue an Order to declare the existence of a public nuisance at 1851 Shadyhill Terrace, Winter Park; require corrective action by December 13, 2018; and authorize necessary corrective action by the County in the event the nuisance is not abated by the record owners, Heather and John McCandless.

     Liz Parkhurst, Building Department, addressed the Board and reviewed the item as described in the Agenda Memorandum.  Ms. Parkhurst stated the record property owners submitted a permit application on March 12 to rebuild the structure.  The Board continued the item at the March 27 and April 24 hearings to allow time for the plan review process to be completed and a permit to be issued.  On May 3 the permit was issued; and at the May 8 hearing, the BCC continued the nuisance abatement request until today to give the applicants time to complete the renovations as outlined in the permit.

     Ms. Parkhurst advised after review of the inspection history for this permit, the slab setback and roof sheathing inspections were approved; but there are additional inspections that need to be scheduled and approved prior to completing the permit.  She displayed photographs (received and filed) and stated they were taken on November 9 and show the progress made by the record property owners and show that the structure remains secured.  She stated staff recommends that the Board continue the item to the March 26, 2019, BCC meeting to give the applicants 180 days from the last approved inspection to complete the renovations as outlined in the permit.  Ms. Parkhurst noted Bob Pike, acting Building Official, is available for any questions.

     Commissioner Carey confirmed with Ms. Parkhurst that the permit that was issued on May 3 is to do all of the work that would be required to make this into a habitable house.  She asked if the homeowner felt like 180 days is enough time and whether or not they are actively working on it.  Ms. Parkhurst advised the property owners are present and she would defer the Commissioner’s question to them.

     John McCandless, property owner, addressed the Board, and stated they are actively working on the project and 180 days is sufficient time to complete the project.  He indicated they suffered some delays and the housing market is inundated right now so they lost a few subcontractors along the way.

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

     Public Comment Form for Mr. McCandless was received and filed.

     Commissioner Dallari stated he believes staff is correct by asking for a continuance and that the property owner is working in good faith. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to March 26, 2019, at 1:30 p.m. or as soon thereafter as possible, the request to approve a Resolution issuing an Order to declare the existence of a Public Nuisance at 1851 Shadyhill Terrace, Winter Park; to require corrective action by December 13, 2018; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owners; Heather and John McCandless.

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


Sean Frederick and Victoria Wells


Agenda Item #31 – 2018-1050

Proof of publication calling for a public hearing to consider a Resolution vacating and abandoning a right-of-way known as Place Vendome, as recorded in Plat Book 10, Page 40, in the Public Records of Seminole County, Sean Frederick and Victoria Wells, Applicant, received and filed.

Danalee Petyk, Planning and Development, addressed the Board and reviewed the item as outlined in the Agenda Memorandum.  She stated staff has notified the owners of the cemetery to the west, the City of Winter Park, and Orange County of the vacate and has received no comments in return.  Staff recommends adoption of the Resolution.

Commissioner Carey referred to the aerial map included in the agenda backup and asked what the “big box” is at the end of the right-of-way that is being requested to be vacated.  Ms. Petyk answered that is a building that is part of the cemetery.  Commissioner Carey asked what cemetery it is, and Ms. Petyk replied she isn’t sure the name of it but it is inside the City of Winter Park.

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

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt appropriate Resolution #2018-R-150 vacating and abandoning a right-of-way known as Place Vendome, as recorded in Plat Book 10, Page 40, in the Public Records of Seminole County; Sean Frederick and Victoria Wells, Applicant, as described in the proof of publication.

     Districts 1, 2, 3 and 5 voted AYE.



Agenda Item #32 – 2018-0041

     Continuation of a public hearing from October 23, 2018, to consider Rezone from A-1 (Agriculture) to PD (Planned Development) for industrial warehouse uses on approximately 9.93 acres, located on the north side of Moores Station Road, approximately one-quarter mile west of Cameron Avenue, Pam Properties, LLC, received and filed.

     Joy Giles, Planning and Development, addressed the Board and reviewed the item as outlined in the Agenda Memorandum.  Ms. Giles stated staff recommends approval of the request.

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

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance #2018-37 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and the associated Development Order for industrial warehouse uses on approximately 9.93 acres, located on the north side of Moores Station Road, approximately one-quarter mile west of Cameron Avenue; Pam Properties, LLC, as described in the proof of publication.

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


WP South Acquisitions LLC

Agenda Item #33 – 2018-0004

Proof of publication calling for a public hearing to consider adoption of an Ordinance enacting a Large Scale Future Land Use Map Amendment from Medium Density Residential, High Intensity Planned Development Transitional and Planned Development to Planned Development, and a Rezone from RP (Residential Professional) and PD (Planned Development) to PD (Planned Development), and the associated Development Order for a 120-lot, single-family residential (attached or detached) development on 12.53 acres, located on the northeast corner of W. SR 426 and Tuskawilla Road, WP South Acquisitions LLC, Applicant, received and filed.

     Ms. Petyk stated Alta Seminole was previously a request for a 243-unit, three-story apartment complex.  This request was heard at the April 10 BCC meeting where the Commissioners voted 3-2 to transmit the request to State and local agencies.  The previous request was reviewed by State and local agencies, and the project returned to the Board at the August 28 public hearing. At that hearing, the Applicant made a request to continue the item to the November 7 Planning & Zoning Commission meeting and the November 13 BCC meeting to allow them to revise and resubmit their application.  The Board and the Applicant signed a Developer’s Agreement allowing them to revise and resubmit the Alta Seminole project. 

     Ms. Petyk displayed a chart showing the current request compared to the previous submittal (received and filed).  She explained the development program has been changed from a 243-unit, multi-family residential apartment complex to a 120-lot, single-family residential development, which is a reduction in density from 20 dwelling units per acre to 10 dwelling units per acre.  The requested height has also been reduced from three stories to two stories.  The proposed density of 10 dwelling units per acre is consistent with the development trend in the area, which ranges from 4 dwelling units per acre up to 20 dwelling units per acre.  The Applicant further proposes substantial buffering, including a six-foot masonry wall between the project site and the single-family detached residential homes to the east.  The Applicant is requesting minimum lot widths of 20 feet for townhomes and 34 feet for detached single-family.

     Ms. Petyk advised staff finds the proposed development to be consistent with the Comprehensive Plan and the Land Development Code.  The Planning and Zoning Commission met on November 7 and voted to recommend approval of the request, and staff also recommends approval.

     Charlie Madden, Madden, Moorhead & Stokes, addressed the Board and stated they have abided by the Developer’s Agreement that they signed off on at the last hearing.  He doesn’t have a presentation today but would be glad to answer any questions the Board may have.

     Joe Wheeler, 2664 Creekview Circle, addressed the Board and noted his development borders the proposed project.  Mr. Wheeler advised he represents the HOA of Bear Creek.  He stated they haven’t seen a rendering yet; but having said that, everybody that he has spoken to is supportive of the project or at least is not opposed to it.  Mr. Wheeler asked the Commission to consider the number of parking spaces because his concern is that there is not enough parking available. 

     Benita Meyer, 2805 Trenton Lane, addressed the Board and noted she represents Tuskawilla Presbyterian Church and Preschool, which is adjacent to the property line.  Ms. Meyer explained they are not opposed to the project but they too have concerns that they haven’t seen a rendering.  The preschool’s biggest concern is that there is only a 10-foot landscape buffer and maybe a picket fence between the church’s property and the proposed development.  That side of the property is where families park and where the children enter the school.  She requested some sort of concrete wall similar to what the project is proposing in other areas.  Ms. Meyer shared her concern of people parking in the church’s parking lot if they can’t find a parking spot on the development’s site.

     Commissioner Carey asked if all of the parking for the church and preschool is on their property, and Ms. Meyer answered yes.  The Commissioner asked how the other two sides of the property are secured.  Ms. Meyer explained there is a six-foot regular fence along the other side and discussed the surroundings of the property.

     Anthony Scotti, Clayton Crossing Way, addressed the Board and noted he is the president of the Clayton Crossing HOA.  He pointed out what he felt were inaccuracies in the Agenda Memorandum which included the vote at the August 28 BCC meeting and the date for a Planning & Zoning hearing.  He expressed his concern with the Planning & Zoning hearing being so close to today’s meeting and discussed his issues with the Development Order such as transportation elements and trail access.  Mr. Scotti asked for increased opacity to point eight at the trailside, for all the landscape buffers to be undisturbed, and streetlights to be placed only on the interior of the property with buildings at the setback on the exterior of the perimeter.

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

     Public Comment Forms were received and filed.

     Commissioner Carey stated this is a rezoning and large scale amendment.  She asked staff to explain what the developer and engineer will have to go through before it becomes a final project.  Ms. Petyk explained after this hearing, the Applicant will have to submit a final development plan and with that is a Developer’s Commitment Agreement.  Once that is submitted, then they will submit a preliminary subdivision plan and final engineering plans; and then they will plat it.  After that point they can start pulling building permits and construction.  Commissioner Carey advised when the final engineering gets done, a lot of the questions regarding access points and traffic will be answered and looked at closely at that time.  Ms. Petyk noted that is correct. 

     Commissioner Carey pointed out they have a number of projects that follow immediately after a Planning & Zoning hearing and asked if that is standard procedure.  Ms. Petyk replied it’s not standard but it is done in some circumstances such as this one where they already went through a transmittal hearing and revised the development program.  Staff allowed them the opportunity to go back to Planning & Zoning and then to the BCC directly afterwards.  Commissioner Carey advised there was another item on today’s agenda that was on the November Planning & Zoning meeting, so it isn’t uncommon for the Board to get projects every hearing that immediately follow a Planning & Zoning meeting.  Ms. Petyk agreed.  Ms. Guillet pointed out they don’t normally go back to Planning & Zoning after transmittal.  Commissioner Carey added it was an additional step that the Board required the Applicant to have because of the subsequent change.

     Commissioner Dallari asked if anything in this item’s process would be setting a precedent.  Ms. Guillet answered she doesn’t believe so.  She explained it is not unusual for the Board to adjust time frames based on circumstances.

     Commissioner Constantine stated one of the things that was concerning to him from the beginning was the fact that they had done some things like give another extension and a few other things.  He thinks it is very important that nothing that the Board or staff has done will set a precedent for any future development.  Ms. Guillet confirmed that the factual circumstances are very specific to this project.

     Mr. Madden clarified they are committed to doing some kind of six-foot barrier between the church and the proposed project.  Regarding parking, they are required to provide two spaces per unit, plus an additional one space per four units of guest parking.  Commissioner Carey asked if they had garages, and Mr. Madden answered he would anticipate that they would all have garages.  A parking discussion ensued and Commissioner Carey advised the parking situation is per County Code.  Mr. Madden stated they will have trail access because that’s the beauty of a project like Alta.  He could not make a commitment regarding where it will be placed.  Commissioner Carey confirmed that Mr. Madden will take the comments regarding the trail into consideration.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt Ordinance #2018-38 as amended enacting a Large Scale Future Land Use Map Amendment from Medium Density Residential, High Intensity Planned Development Transitional and Planned Development to Planned Development, and adopt associated Ordinance #2018-39 as amended enacting a Rezone from RP (Residential Professional) and PD (Planned Development) to PD (Planned Development) and approve the associated Development Order and Master Development Plan for a 120-lot, single-family (attached or detached) development on 12.53 acres, located on the northeast corner of W. SR 426 and Tuskawilla Road; WP South Acquisitions LLC, as described in the proof of publication.

     Districts 1, 2, 3 and 5 voted AYE.


     Commissioners Dallari and Carey submitted their ex parte communications for the record (received and filed).


Gregory Lee


Agenda Item #34 – 2018-0727

Proof of publication calling for a public hearing to consider an appeal of the Denial of the Educational System Impact Fee Vesting for Alta Seminole Apartments development, located on the northeast corner of W. SR 426 and Tuskawilla Road, Gregory Lee, Appellant, received and filed.

     Rebecca Hammock, Planning and Development, addressed the Board and reviewed the item as outlined in the Agenda Memorandum.  She advised staff recommends the Board uphold the denial of the Educational System Impact Fee Vesting for the Alta Seminole project. 

     Gregory Lee, Appellant, addressed the Board and noted he is with the BakerHostetler law firm.  He represents WP South Acquisitions, LLC and they are appealing the County’s denial of their application for a vesting certificate pursuant to Section 30.30 of the County’s Administrative Code.  He briefly reviewed the new impact fee ordinance and the history of the project.  Mr. Lee stated it never occurred to him that they wouldn’t achieve vested rights because eight months prior they had communications with staff, started spending money on design, and paid non-refundable deposits.  They met proactively with staff as soon as the ordinance was adopted to go through the new ordinance and the vesting process.  He reminded that the project has taken on so many evolutions and so many different forms, so the cost that they have incurred has been exorbitant to try to get it to a place where it works for everybody.

     Mr. Lee explained staff came up with reasons for denial based on Sections B.(2) and B.(3) of the Code, and he has three main arguments against that.  One argument is that their purchase agreements are impaired.  The second argument is that it is unfair to deny the Applicant the opportunity to receive the original impact fee rates in effect prior to the January 9 revised rates.  And the third argument is that County staff failed to state the facts and reasoning for denial in the response letter, which is a requirement.  Mr. Lee detailed the three arguments. 

     Mr. Lee stated staff indicated on or about March 27, all applications for the vesting certificates were only reviewed under Section 30.30 B.(3).  They didn’t look at both of the two criteria that could have created vesting.  Mr. Lee understands if staff wanted to do something like that to create efficiency, but that’s not what the ordinance said and that’s not what was in the Code.  He feels that they satisfied under both prongs, but then they found out that they weren’t even considered under the second prong. 

     Mr. Lee pointed out the Code does not indicate a time frame for a building permit cut-off date by which a claim would warrant a certificate, nor does the ordinance grant staff the authority to create an arbitrary time frame like that.  He reiterated that he was very surprised that they didn’t receive the vested rights certificate.  Mr. Lee stated in the denial letter that he received, they were given vague and ambiguous language as to why the appeal was denied; and the reasoning under Section 30.30 B.(3)(e)(iv) was limited reasoning and it’s incorrect with the amended ordinance. 

     Mr. Lee reminded that they have tried to be proactive with the County.  They were the first to express their concerns and try to communicate how they could work through it.  Mr. Lee stated they would greatly appreciate the Board’s support of the appeal for any one of his three arguments.

     Kami Corbett, 100 N. Tampa Street, addressed the Board and noted she represents the Seminole County School Board.  She stated this is an appeal to an application that was filed back in April, and it’s a matter that could have been ripe and could have been considered before the Board at that time.  She asked the Board to uphold staff’s original recommendation that the development did not meet the criteria for a vesting certificate.  She claimed asking the Board now to take into consideration what has happened since the application is inappropriate in her opinion.  The contracts that were entered into at that time were for 200-something apartments, and now they are at 120 units.  The applicant had ample opportunity to understand that it was likely that their vesting certificate had been denied and could be appealed but had no reasonable expectation that it would be overturned; it was simply a chance that they took. 

     Ms. Corbett stated she does not think that the Appellant should be rewarded for delaying their appeal by allowing them to have an additional 7 months of vesting, which would be the effect if the Board were to overturn the appeal because the Code requires 18 months of vesting from the date the Board approves the agreement (which would be today).  The Appellant would essentially get an advantage.  It would not be equitable for the School Board, and they have lost a fair amount of revenue to those that were vested.  She asked the Board not extend it to this project.

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

     Public Comment Form was received and filed.

     Mr. Lee stated they didn’t change the contracts.  They were vested and impaired for the eight months prior to the date that the ordinance was adopted, but a series of other things have happened since then.  As a result of the circumstances, they were forced to extend and work through it.  It wasn’t something that they tried to artfully do to create an opportunity to win vesting.  Under the contracts that they had, they were trying to make the most that they could under the circumstances.

     Commissioner Dallari stated the Applicant has been in this process since June of 2017, and he thinks he made a compelling presentation.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to overturn the denial of Educational System Impact Fee Vesting therefore granting the Vesting Certificate for the Alta Seminole Apartments development, located on the northeast corner of W. SR 426 and Tuskawilla Road; Gregory Lee, Appellant, as described in the proof of publication.

     Under discussion, Commissioner Carey asked Paul Chipok, Assistant County Attorney, to explain what would be achievable if vesting is approved.  Mr. Chipok explained under the ordinance, the length of the vesting is for 18 months from the date of approval of the vesting.  Consistent with the other vesting certificates that have been issued, it is the date that it is executed (if it was approved outright) or the date of the Board’s overturning of the denial and approval by the Board.  Commissioner Carey confirmed with Mr. Chipok it would be 18 months from today if it is approved.  She asked what they would have to do to achieve securing that.  Mr. Chipok answered they would have to have a building permit such that the building permit and the impact fees would be paid by the time of that building permit.  He added you have to pay the impact fees in order to pull the building permit and that would have to be done within the 18 months.

     Commissioner Constantine asked what the difference is between the impact fee of the original project and what was actually approved.  Mr. Chipok advised originally for the 243 multifamily units, the vested impact fee would have been $510,300 versus $1.676 million.  With the 120 units which they are now approved for, the vested townhome rate is $294,000 versus $600,000.  Commissioner Carey reminded they have less than half the lots and it is a totally different product.  Commissioner Dallari clarified that they’ve never looked at it from a financial standpoint; they’ve always looked at whether or not it impairs the contract.

     Districts 1, 2 and 5 voted AYE.

     Commissioner Constantine voted NAY.


William Weinaug

Agenda Item #35 - 2018-1061

     Proof of publication calling for a public hearing to consider approval of the Developer’s Commitment Agreement for the Wekiva Island Planned Development on approximately 5.5 acres, located at the northern terminus of Miami Springs Road, William Weinaug, received and filed.

     Kathy Hammel, Planning and Development, addressed the Board and stated on October 23 the Wekiva Island Major Amendment to the Development Order was approved.  A condition of that approval was to bring back the Developer’s Commitment Agreement (DCA).  Typically the DCA is part of a two-step process for the planned development that is approved at a staff level, but the Board made a condition that it had to be brought back as a public hearing item.  Ms. Hammel stated staff recommends the Board approve the DCA for the Wekiva Island Planned Development. 

     Michael Towers, on behalf of Wekiva Island, addressed the Board to state he is present to answer questions. 

     Jeff Stamer, 3669 Watercrest Drive, addressed the Board and reminded that the Board made it clear at the last meeting that they wanted a Development Order that was enforceable.  Mr. Stamer expressed there is one significant loophole in the Development Order as revised; specifically 8.b.  He read into the record the last sentence of that section, “Those Island guests/customers/visitors that enter and exit the property by the river will not be counted towards the capacity of 395 persons.”  He stated that gives no upper limit to the number of people that could be at the island.  Mr. Stamer discussed the Wekiva River Protection Act and enforceability.  He thinks his concern would be easily addressed by scratching the last sentence of section 8.b. in the Development Order.

     Barbara Thornton, 3764 Watercrest Drive, addressed the Board and stated she doesn’t have any problems with the Commitment Agreement, but she does agree with Mr. Stamer.  She expressed the issue is trust and opined for the last five years, the owners of Wekiva Island have not been abiding by their original Development Order.  She displayed a flyer (received and filed) and stated it looks like a daily special event and she sees it all the time on Facebook.  She claimed the issue is that they are encouraging Uber and carpooling because it makes the 395 capacity unenforceable.  Ms. Thornton stated they need the occupancy to be hard and firm, and they need some type of good control at the entrance of the facility.  She reiterated they need enforcement and accountability.

     John Thornton’s name was called and he indicated he no longer wished to speak.

     Mr. Towers advised the flyer that Ms. Thornton displayed is not Wekiva Island’s logo and it was not something that was produced by Wekiva Island.  In regard to the 395 capacity, he explained they had a lot of conversations with the Planning and Legal staff.  The 395 counted at the gate was the way they were able to come up with something that’s definitive and something that the Sheriff can actually verify.

     Commissioner Dallari asked if they count how many people leave the Island, and Mr. Towers answered yes.  The Commissioner clarified his question is whether or not they count how many people leave the Island by way of the river.  Mr. Towers answered no.  He added whoever comes in on the river is going to leave on the river.  Commissioner Dallari asked if they count people that park at the Island and leave via a boat, and Mr. Towers replied they count them when they come in and don’t consider them leaving the Island until they leave the facility at the pedestrian bridge.  Mr. Towers explained they have two clickers, one for “in” and one for “out.”  Every 15 minutes their computer system is updated and it gives a net number of how many people are on the island at the time.

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

     Public Comment Forms were received and filed.

     Commissioner Constantine stated he thinks that Mr. Towers will recognize the fact that there were some trust issues that have to be addressed.  He believes that staff has done everything they can to try to make this as tight, workable, and feasible as it can possibly be.  Commissioner Constantine referred to Exhibit C in the DCA (included in the agenda backup) and stated they are now doing a Daily Attendance Report every 15 minutes for people coming in and out of the Island. 

     Commissioner Constantine opined coming in from the river isn’t really something that they can control.  He added although there are a lot of people on floats, most of the people are going by the river; if they stop, they only stay for a few minutes.  He reiterated he thinks it is impossible for them to count that.  The Commissioner discussed Capacity in the Development Order.  He pointed out the language that states “guests/customers/visitors” and advised he would like the language to be “employees/guests/customers/visitors.”  Commissioner Constantine stated he believes it was just left out as a scrivener’s error.  

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve the Developer’s Commitment Agreement with the discussed scrivener’s error for the Wekiva Island PD for 5.5 acres, located at the northern terminus of Miami Springs Road; William Weinaug, as described in the proof of publication.

     Districts 1, 2, 3 and 5 voted AYE.


District 3

     Commissioner Constantine expressed his gratitude to Chairman Horan for his service to the county.


     Commissioner Constantine announced the events occurring in his district and the events he has recently attended and will be attending.  He noted the Sweetwater Oaks HOA had asked staff about purchasing bear-resistant containers for the entire neighborhood, and he is very excited about that since it is a neighborhood of over 1,000. 


     The Commissioner stated November 15 will be his last meeting as chairman of the Metropolitan Transportation Disadvantaged Coordinating Board because he cannot serve both as chairman of that board and of Lynx.  He pointed out it is proper that at some point someone else be appointed to that board in the near future.  Commissioner Carey asked if Commissioner Constantine was the incoming chairman of Lynx, and Commissioner Constantine answered he is currently chairman.  Commissioner Carey pointed out it is usually for an annual term, so she is wondering if he is newly elected or if he is on the tail end of it.  Commissioner Constantine explained typically the position goes for two years.  They will probably have an election or reelection in January.  He was coming to the end of his term on the Transportation Disadvantaged Board.

District 5

     Commissioner Carey announced they had the groundbreaking for the City of Sanford Riverwalk Phase 3 project on October 25.  It will be completed in 2020 and make a really big difference along the waterfront.  She discussed development in that area. 


     Commissioner Carey stated at the Sanford Airport Authority board meeting, the operator of Orlando Sanford International Airport, Airports International, has been sold; and a new company called VINCI Airports is the new operator at the airport.  She noted passenger counts are up and doing well and discussed the increase.


     The Commissioner expressed she attended the Veterans Day ceremony held at Veterans Memorial Park and presented the Proclamation that was approved by the BCC.  She announced other events around the county; and in closing her report, she congratulated Chairman Horan on his retirement.

District 1

     Commissioner Dallari asked for the status of the Oxford Road project.  Ms. Guillet answered staff had a meeting with the entire team last week to finalize engineering.  She believes they will bring some business items related to the project to the Board at the next meeting.  Commissioner Dallari confirmed with Ms. Guillet that the Commissioners will receive individual briefings.


     Commissioner Dallari discussed the Vietnam Traveling Memorial Wall and advised he would like to see it in Seminole County next year.  He stated in the past they have partnered with the City of Longwood, and he would like staff to reach out to the City of Longwood to see if they would qualify for it.  The Commissioner explained it is important for the county to have the Wall during the Veterans Day period.  Commissioner Carey asked if there was some reason the County can’t apply for it, and Commissioner Dallari answered they could.  He added they need to have it in Seminole County; and if a City wants to partner with them, that would be great.


     Commissioner Dallari stated he received a request from a resident in the Chuluota area about some historical markers.  He would like to give that request to staff to see if they can vet it and see how they can move forward.  Chairman Horan stated the Daughters of the American Revolution get involved in raising funds for that.  Commissioner Constantine suggested sending the request to the Historical Society from them to vet as well.  The Board discussed other historical markers around the county.


     Commissioner Dallari noted it has been a pleasure working with Chairman Horan over the years. 


     Chairman Horan stated Commissioner Constantine is seeking a statewide office with the Florida Association of Counties and they need the consent of the BCC.  Chairman Horan stated with no objections he will go ahead and send a letter.  Commissioner Constantine indicated he has been asked by a number of folks, but he has not made his decision yet; but he did need the Board’s approval. 


     Chairman Horan announced that there is no Investment Advisor Report this month; however, they have a recommendation from their advisor to roll the November maturity to August at 2.84%.  Commissioner Carey asked if it is the Florida Education Investment Trust Fund, and Chairman Horan answered yes.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the recommendation of the Board’s Financial Consultant and direct the Clerk to move forward with the recommendation.

     Districts 1, 2, 3 and 5 voted AYE.

     (Seminole County, Florida Cash and Investments document was received and filed.)


     In regard to Commissioner Carey’s report on the Orlando Sanford International Airport, Chairman Horan stated he attended the VINCI Airports reception and it was very impressive.  He discussed the VINCI Airports organization.  Commissioner Carey expressed having a company like VINCI taking over the operations will only open the doors for many more opportunities. 


     Chairman Horan noted he attended the opening of the Florida Hospital Emergency Room on Red Bug Road and the opening of the Lake Nona Medical Center. 


     The Chairman advised that the Homelessness Commission has asked the Chairman to send them his Memorandum of Understanding and proposed legal documents for the region so they can take another look at it.  The fact that the initiative now comes to a point where they’re asking the jurisdictions to provide millions of dollars that the jurisdictions may not want to provide; and if they can’t find the other $6 million, that puts the philanthropy at risk.  He stated they’ve done the right things in this initiative, and he thinks it’s going to be up to them again to lead the way as far as doing what the region needs to do in order to do something that is actually going to be cost-effective and get outcomes in that area.


     Chairman Horan advised he is going out of town on November 15 and asked if there is a signing mechanism between November 15 and November 18.  Ms. Guillet answered if the Chairman is not available, the Vice Chairman can sign.





     The following Communications and/or Reports were received from Chairman Horan’s Office and filed:

1.   Letter dated November 1, 2018 to Chairman from Community Development Director, City of Casselberry re: Voluntary annexation (547 Lake Howell Road, Maitland) into city limits.  Cc:  County Manager, Casselberry City Manager


2.   Notice of November 14, 2018 Public Hearing City of Casselberry re:  Variance for front yard fences at 360 Jasmine Road, Casselberry.


3.   Copy of letter dated October 9, 2018 to MetroPlan Executive Director from Chairman re:  MetroPlan Technical Committee Appointments.  cc: BCC, County Manager, Deputy County Manager, Public Works Director, Director of Development Services, Planning & Development Manager.


4.   Copy of letter dated October 9, 2018 to Orlando Sanford Vice President from Chairman re: Appointment to Sanford Aviation Noise Abatement Committee.  cc:  BCC, Deputy County Manager, Assistant County Manager, County Attorney, President Orlando Sanford Airport, Sanford Noise Abatement Committee Chairman, Development Services Director.



Bill Hyde, 2379 Audley Street, addressed the Board and noted he didn’t intend to speak today but Commissioner Dallari’s comments made him want to express that he would appreciate any efforts that the Commission can make to bring the Memorial Wall back to Seminole County.  Mr. Hyde discussed the impact the Wall would have on the community.


     Ms. Guillet announced they received the temporary C.O. for Station #29, and it is staff’s intention to put it in operation on November 21.  There is a formal, public grand opening scheduled for December 13.  She noted if any Commissioner would like to tour it before it opens on November 21, staff would be available on November 20 to provide a tour. 

     Commissioner Carey asked the County Manager to provide some information on the swearing in ceremony on November 20.  Ms. Guillet explained the ceremony will start at 9:30 a.m.  Also on the agenda for that day is the reorganization of the Board.  It will be in the BCC chambers and there will be a reception at 9:00 a.m.

     Commissioner Dallari asked if Station #29 will be fully operational with transport, medical and fire on November 21; and Ms. Guillet answered yes.  Commissioner Dallari asked if staff is seeking liquidation damages for the delay of the opening.  Ms. Guillet responded the Purchasing Division is working on that.


     Ms. Guillet advised the other thing she would like to update the Board on is the issues that they’re having with recruitment and retention.  They have been doing a lot of work internally on trying to come up with a plan and a strategy to improve their position in both recruitment and retention.  She expressed unemployment is lower than it’s ever been and they’re competing with a lot of other organizations for qualified work staff.  Staff has looked at best practices and they are going to start socializing it among staff to get some feedback before they finalize a program.  Ms. Guillet would like to talk with each Commissioner individually before staff creates expectations about what some of the options are.  There are budgetary implications with some of them, and there are also policy implications like flex time and working from home.  There has been some resistance in the past with respect to those kinds of policy decisions, so she would like to meet with the Commissioners individually to vet some of those items before they start socializing with the staff internally.  If there are issues, she does not want to create any expectations that are not on the table.

     Commissioner Carey asked when Ms. Guillet expects the compensation study to be back.  Ms. Guillet answered they are going to do an RFP for that at the beginning of the year, and her plan is to have it in concert with budget development.


     Ms. Guillet stated it has been an honor and privilege working with Chairman Horan and Commissioner Henley.  Two remembrance videos were played to celebrate the retirements of Commissioner Henley and Chairman Horan.  Chairman Horan expressed his gratitude to the Board, staff, Elected Officials, and citizens of Seminole County.  He donated two pieces of artwork by Norman Rockwell to the County.


     Commissioner Constantine noted he would like to compliment the County Manager on trying to find a way to make the employees happy and trying to change the culture.  He advised one of the things the Board said back when they were talking about the Fire Tax is that if Amendment 1 did not pass, the Board would do a rollback.  Commissioner Constantine stated the County Manager has already indicated that that is something they are going to do; they will stick to that pledge. 


     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:41 p.m., this same date.