BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
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.
Present:
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.
AWARDS AND PRESENTATIONS
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.
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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.
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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.
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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.
COUNTY
MANAGER’S CONSENT AGENDA
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
Building
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
Engineering
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
Budget
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.
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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.
COUNTY ATTORNEY’S CONSENT AGENDA
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.
CONSTITUTIONAL OFFICER’S CONSENT
AGENDA
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.
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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.
COUNTY
MANAGER AND STAFF BRIEFINGS
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.
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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.
PROOFS
OF PUBLICATION
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.
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Commissioner Constantine entered the meeting at this time.
PUBLIC
HEARINGS
JOB GROWTH INCENTIVE (JGI) ORDINANCE
REVISION
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.
NUISANCE ABATEMENT RESOLUTION/
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.
PLACE VENDOME RIGHT-OF-WAY
VACATE/
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.
MOORES STATION ROAD PD REZONE/Pam Properties, LLC
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.
ALTA SEMINOLE LSFLU MAP AMENDMENT AND REZONE/
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.
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Commissioners
Dallari and Carey submitted their ex parte communications for the record
(received and filed).
ALTA SEMINOLE APPEAL OF
VESTING CERTIFICATE DENIAL/
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.
WEKIVA ISLAND
DEVELOPER’S COMMITMENT AGREEMENT/
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
COMMISSIONERS’ REPORTS
District
3
Commissioner Constantine expressed his gratitude to Chairman
Horan for his service to the county.
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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.
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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.
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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.
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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.
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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.
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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.
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Commissioner Dallari noted it has been a pleasure working with
Chairman Horan over the years.
CHAIRMAN’S
REPORT
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.
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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.)
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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.
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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.
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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.
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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.
COMMUNICATIONS AND/OR
REPORTS
RECEIVED
FROM CHAIRMAN’S OFFICE
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.
ITEMS FOR
FUTURE AGENDA
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.
COUNTY
MANAGER’S REPORT
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.
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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.
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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.
ITEMS
FOR FUTURE AGENDA (CONTINUED)
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.
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There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 3:41 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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