BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

January 23, 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, January 23, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman John Horan (District 2)

Vice Chairman Lee Constantine (District 3)

Commissioner Robert Dallari (District 1)

Commissioner Carlton Henley (District 4)

Commissioner Brenda Carey (District 5)

Clerk of the Court and Comptroller Grant Maloy

County Manager Nicole Guillet

Deputy County Attorney Lynn Porter-Carlton

Deputy Clerk Terri Porter

 

 

 

Dr. Walt Person, Sanford Church of Christ, Sanford, gave the Invocation. Commissioner Dallari led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Design Custom Millwork was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 2018-0533

Motion by Commissioner Henley, seconded by Commissioner Carey, to approve a Proclamation declaring Friday, February 2, 2018 as School Crossing Guard Appreciation Day.

Districts 1, 2, 3, 4 and 5 voted AYE.

Sheriff Dennis Lemma addressed the Board to accept the Proclamation on behalf of all the School Crossing Guards.

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Agenda Item #2 2018-0522

County Manager Nicole Guillet announced that representatives from the Renaissance Planning Group are in attendance to give a summary of their findings and recommendations.

David Nelson and Jeremy Goldstein, Renaissance Planning Group, addressed the Board to present their report, Evaluation of the HIP-TI Future Land Use Strategic Recommendations. A PowerPoint presentation (included in the Agenda Memorandum, Page 86) was displayed. Mr. Nelson stated the Higher Intensity Planned Development Target Industries are meant to provide employment centers and mixed use centers, mainly along the I-4 corridor with the intent of bringing higher paying jobs in target industries such as manufacturing, technical, IT, digital media, research, financial information services, etc. He explained the focus of their study is looking at where the HIP-TI is right now; doing a market position of it for County staff, not only in terms of the long term, of larger County goals and objectives, but also in the short term as planning staff deals with development decisions. They are looking at what HIP-TI allows right now. On one hand, they can make the case for maybe changing the regulations to allow for more multifamily and commercial. It provides tax base and rooftops that are going to help employment centers down the road; but on the other hand, they have only so much space of HIP-TI Future Land Use available. And, do they really want to give that away or do they want to keep that for target industry. He noted that that is the juxtaposition they are looking at as they started approaching this market study. He then reviewed Project Context.

Mr. Goldstein covered the Market Position Analysis, Existing Conditions and Takeaways, Development Forecasts, Competitive Analysis, and Target Industry and Multi-Family maps. Mr. Nelson reviewed the Framework section including HIP-TI Overview, and sub-areas west of I-4, Monroe Road, SR 46, and South of SR 46. He then presented their Strategic Recommendations. He opined the HIP-TI Future Land Use provides an opportunity for County staff to really start looking at some of the larger goals and objectives of the County, promoting compact land uses, sustainability, the use of Complete Streets, and really looking at starting to link these residential and employment areas together. He concluded stating this is the short summary of the market study they have done and the more detailed report is included in the Agenda Backup.

Commissioner Carey stated they do not have any large tracts like Heathrow left. Heathrow started out as 1,200 acres with a vision that it would have residential on one side of the development and the commercial corridor along the interstate. The reason people wanted to live there was because there was a commercial component and they could work right there and never really have to leave. There are some small parcels but very few big parcels left. She said she believes the natural progression is they will go to Monroe Road and other places. Along SR 46 and just east of I-4, there is a lot of redevelopment going on; buildings that have been vacant for years are being torn down and rebuilt. There are a lot of restaurants and if you look at the caliber and quality of those, that is an indicator that there are some people with some money living in that area because they are all higher cost factors. She said she thinks while the HIP-TI has been a good strategy, they still have to consider these on a case-by-case basis because it is not a one size fits all. However, they still have to look at it globally to make sure they have the commercial to support and the residential to support the jobs. She opined from Monroe Road to SR 46 over to the SunRail station, there is a lot going on there and a lot of major development has occurred out there because they needed more land. She noted that at MetroPlan they have had the debate for years of which comes first, the road or the development. She added they have the existing SR 417 and she thinks they need to focus some of their attention on that. A number of years ago they looked to see where the next big push was for jobs to be developed, and she thinks they need to look at those areas a little more closely because before they know it, some of the areas they have been focused on are going to be built out. Also, the beltway comes through in 2021 which is in just four years; things can happen very rapidly and they need to plan well in advance. She stated she would encourage them to look at where the next area is that they really need to focus on and plan for.

Commissioner Henley said that Commissioner Carey made some good points, and he has been around long enough to know what it was like when Seminole County was simply a bedroom community to Orlando. Their kids graduating from high school had to leave the area in order to get jobs. They had plenty of houses being built, but they didnt have the jobs. He opined he does not want this county to regress to the situation of being a bedroom community again, so he thinks they certainly need to spend more time discussing this vision because otherwise, they could easily be pushed by the development industry into doing something they will regret down the line. They have got to maintain the position of where they can attract jobs here. He added he thinks they have been very successful since they established the HIP-TI when they did the study at that time. At the same time, they placed a greater emphasis on economic development in trying to bring in target industry here, and he thinks they have had success in that because of the plans and the efforts this Board and the previous Board put into the vision of what they want Seminole County to be like 10 to 15 years down the road. He noted housing trends change; what is hot today may not be a few months from now. Therefore, he thinks it is important that they spend time talking about the vision.

Commissioner Dallari stated he agrees with both Commissioners Carey and Henley. Several years ago they looked at SR 417 and designated it Seminole Way, but not a lot of work has gone into it since then. There are some pockets of industrial, and he thinks that needs to be looked at to make sure they are heading on the right path for the surrounding areas. He added the biggest thing that is coming is the completion of the Wekiva Parkway, which will complete a loop around Central Florida. A metropolitan area with a complete loop boosts a lot of development in and around that loop. He thinks they need to be doing more planning on that designation.

Ms. Guillet noted the HIP-TI district that they focused on in the study is in the northwest part of the county, in the Sanford area along the I-4 corridor. The reason they initiated this closer look at HIP-TI was because in the last couple of years, they have seen increasing pressure to change the ratio of permitted residential to non-residential uses within that corridor. This was intended to be a corridor that attracted these higher wage jobs, these target industry jobs, and the policies that are associated with it allow residential to be incorporated into those developments at a ratio of no more than 50% of the total square footage of the project. She said they have seen, because the multifamily market has been so strong, increasing pressures to change that ratio and to incorporate more residential in projects that are occurring within that district. So, at the Boards request, they took a look to see if they still were approaching this with the right ratios and still providing the appropriate opportunities for development within the county. From this report, they can see that that policy is still a good solid policy. She opined it may require the Board to turn down certain development proposals in favor of other proposals that would hit that target industry mark. She stated she is hearing that the Board is comfortable with keeping that policy but that they want staff to start looking at other areas of the county where they can have additional opportunities with some sort of target kind of growth, maybe not in this ratio or in this same structure but whatever is appropriate within those different potential growth areas within the county. Commissioner Dallari agreed.

Commissioner Carey noted she is going to use International Parkway as an example; there was some planned residential in Colonial Town Park that was then converted to office space. The reason why they have to do the case-by-case basis is that when you look at some of those five-acre, seven-acre, or ten-acre parcels, you cannot put a mixed-use development in and get commercial and office and residential on it to make it work. So if they have a lot of that develop as office, then is it appropriate to allow those smaller parcels to develop as housing or to develop as commercial. Commissioner Carey explained that it may be that the parcel comes in as 100% residential or 100% commercial, but when you look at the bigger picture of what actually has happened in the corridor, they have to have that flexibility. In addition, when the beltway comes through there and it bisects the north portion of International Parkway, north of SR 46A, they are going to have to really look at how that all works and whether a hotel is appropriate or other uses that maybe are not identified in HIP-TI, but to support the community activity, it might be an important piece. She opined they have to look at it on a case-by-case basis and have the flexibility and not just have staff say that it doesnt meet our policy and criteria. She added that Deltona in Volusia County has become the bedroom community for Seminole County and a lot of these jobs; what is seen on I-4 every morning is the result of that.

Commissioner Carey stated they need to focus on planning for some of the other areas in the county. They have the eastern portion entrance of this county, Lake Mary Boulevard. The County invested many years ago to put in the infrastructure, a four-lane, divided highway. That is all around the airport and was looked at as industrial. She said she thinks they will still see the industrial close to the airport but that theyll see that develop totally different. Rivers Edge, a big residential component, is coming in with a beautiful entrance. She noted they need to focus on that and they need to focus on SR 417. The few remaining parcels in Heathrow that are being developed along International Parkway are being developed as residential to support the jobs that are right there.

Ms. Guillet expressed she thinks what this study bears out is if your goal is to make a district that is primarily encompassed of target industries, you need to have some policy that has some level of guidelines to it, and she believes this is a very flexible policy. They have seen great success with it in that corridor. She added Commissioner Careys point is very well taken about being able to respond to unique circumstances and unique situations, and this Board is able to do that because they can always do a land use amendment to go to PD, for example. So, they are not tying their hands by accepting or revising this particular policy.

Commissioner Henley pointed out that one of the things they cannot do is to forget that the decisions they make here can have a significant impact upon their school system that is already struggling. This also refers back to a comprehensive study that was done several years ago having to do with what they are talking about here, and it was called How Shall We Grow, which has not yet been fully implemented. However, they have implemented it here more so than in the surrounding counties. But, what happens in other counties impacts this county, just as what they do here impacts others. So, they have to look at the big picture in making the final decisions as to what the impacts are going to be. He said he believes, historically, they have done a good job of that but they cannot lose sight of it. He added it is a very good report and he appreciates the presentation.

Commissioner Dallari stated by planning as they did with the HIP-TI district, it allows them to put the right infrastructure in for the future so that it does not have to be put in after the fact. He said he thinks that is the key moving forward, and he wants to make sure that when they do look at this around the county, they need to also be looking at what is the right infrastructure that needs to go in to support it.

Chairman Horan stated in regard to the next area where something like this planning is going to be used, SR 417 south of Lake Jesup and the 434 corridor is mostly the City of Winter Springs; and they have put in an improvement district there which was supposed to target commercial. What they are doing now, however, is mostly residential. He said whether or not that is going to develop, he does not know, but he thinks joint planning efforts with the City of Winter Springs have not been fruitful in the past, but that is probably something they might try. And the entire corridor of SR 417 down to Orange County is probably an area they should take a look at. He said he thinks it is important to understand that these things are tools, they call them plans, but they are actually tools that they use and apply based upon the facts as they develop with a particular development, etc. He added Commissioner Carey brought up an excellent point that it is hard to do a mixed-use development on seven or eight acres, and there are not a lot of large tracts left. He is glad this Board is a zealous guardian of their Class A office space because what would have happened had they not had the space and the property where Verizon put up its building or the office for Deloittes operation. He opined they are appropriately using this as a tool and appropriately applying it to the situations that come up; planning is planning and execution is execution. He added he knows the apartment market is getting saturated and vacancy rates are relatively high in the newer developments. He sees no reason given that dynamic to give up their first class office space to apartment developers, especially if they are in that HIP-TI area. He thanked Messrs. Nelson and Goldstein for their presentation.

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Agenda Item #3 2018-0511

Chairman Horan stated they were honored that Commissioner Constantine was invited by the European Union to participate in the European Union Water Management Study Tour. Commissioner Constantine noted he has all the backup and technical materials, so if staff or anyone sees something they might be able to use, he asked that they get in touch with his office.

Commissioner Constantine displayed photos (received and filed) and reviewed his presentation. He stated in the course of this event, whether it is drainage, flooding, shoreline restoration, dredging, water quality, water pollution, wastewater, forecasting, port administration and planning, or maritime affairs and fisheries, it was an incredibly intense and educational event and exchange of ideas. He said he learned just as much from the Americans on the trip as he did from the Europeans, and he now has 11 friends all over the United States that he can get information from.

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Chairman Horan recessed the meeting at 10:50 a.m., reconvening at 10:59 a.m. with all Commissioners and all other Officials, with the exception of Commissioner Henley, who were present at the Opening Session.

COUNTY MANAGERS CONSENT AGENDA

Chairman Horan announced that Item #22A in connection with the Educational System Impact Fee Vested Rights Process will be presented during the afternoon session. Ms. Guillet noted that is off the Regular Agenda. She stated there is an addition to the Consent Agenda; Item #9A is the Collective Bargaining Agreement between the County and the B-Unit of the Fire Department. Also, Item #22B is an add-on item for discussion under the County Managers briefing.

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

Community Services

Community Services Division

4. Approve and authorize the Chairman to execute an Agreement with the Homeless Services Network (HSN) of Central Florida for HUD Continuum of Care (CoC) Program Grant funds in the amount of $35,457 to be used for housing stability case management services for homeless households in Seminole County. (2018-0525)

Community Development Division

5. Approve and accept the Neighborhood Stabilization Program Snapshot/Report for the month of December, 2017, pursuant to Seminole County Resolution No. 2013R61. (2018-0519)

6. Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification form for the revised SHIP Annual Performance Report (APR) for Closeout of 2014-2015. (2018-0528)

 

Development Services

Building Division

7. Issue a determination that the unoccupied building located at 1851 Shadyhill Terrace is a Public Nuisance, and authorize the Building Official to: (a) serve a Notice of Determination, pursuant to Sections 168.5 and 168.6, Seminole County Code; and (b) set a date for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code. (2018-0463)

8. Issue a determination that the unoccupied building located at 2028 Alexander Avenue, Sanford, is a Public Nuisance and authorize the Building Official to: (a) serve a Notice of Determination, pursuant to Sections 168.5 and 168.6, Seminole County Code; and (b) set a date for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code. (2018-0464)

Planning & Development Division

9. Authorize staff to (1) Draft an Ordinance amending the Seminole County Code of Ordinances, Chapter 20 - Animals and Fowl, Part 4 - Backyard Chicken Pilot Program, to become a permanent program; (2) Analyze the possibility of allowing the program in Planned Development Zoning Districts; and (3) Draft an Ordinance amending the Seminole County Land Development Code to permit backyard chickens as part of the program within certain zoning districts. (2018-0514)

 

Fire Department

9A. Approve and authorize Chairman to execute the negotiated Collective Bargaining Agreement between Seminole County and Bargaining Unit Local 3254 for Battalion Chiefs/B-Unit. (2018-0497)

 

Public Works

Engineering Division

10. Approve and authorize the Chairman to execute a Settlement Agreement between Seminole County and Sausalito Shores Homeowners' Association, Inc. in the amount of $6,132 for the construction of a concrete privacy wall. (2018-0520)

 

Resource Management

Budget & Fiscal Management Division

11. Approve submission of an Application to the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), through the FY 2017 Assistance to Firefighters Grant Program (AFG) requesting up to $300,000; and authorize the County Manager to execute any documents associated with the Grant Application. (2018-0512)

12. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-11 implementing Budget Amendment Request (BAR) #18-020 in the amount of $1,234,906 through the Economic Development Fund to carryforward the Job Growth Incentive (JGI) and Qualified Target Industry (QTI) unexpended, previously approved project funds from the FY 2016/17 Budget to the FY 2017/18 Budget. (2018-0476)

13. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-12 implementing Budget Amendment Request (BAR) #18-021 through various funds in the amount of $11,612,428.75 to carry forward available grant balances from FY 2016/17 to FY 2017/18. (2018-0516)

14. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-13 implementing Budget Amendment Request (BAR) #18-023 through the 2014 Infrastructure Sales Tax Contingency to appropriate budget of $35,000 from reserves for additional funding for SR 419 at Osprey Trail (Soldiers Creek) Signal Project. (2018-0523)

15. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-14 implementing Budget Amendment Request (BAR) #18-024 through the General Fund for the purchase of capital equipment in the amount of $28,697. (2018-0521)

Purchasing & Contracts Division

16. Award RFP-602999-17/TLR, Supplemental Medical Support Services Agreement, Special Needs Emergency Shelters, to JayKay Medical Staffing, Tavares; and to All's Well Healthcare Services, Torrance, CA; and authorize the Purchasing & Contracts Division to execute the (2) Agreements. (Cost based upon usage during shelter mobilization.) (2018-0488)

17. Award RFP-602974/17/BJC, JD Edwards Consulting Services Agreement to Grant Thornton, LLP, Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement. (Estimated usage for the term of the agreement is not-to-exceed $400,000.) (2018-0496)

18. Approve the Third Amendment to M-463-04/AJR, Deferred Compensation Services Agreement, with Nationwide Retirement Solutions (NRS); and authorize the Purchasing & Contracts Manager to execute the Amendment. (This is an employee benefit program and management fees are paid by participants.) (2018-0529)

19. Approve Sole Source Procurement SS-603048-18/GCM for the Purchase of Badger Meters from Innovative Metering Solutions, Inc., Tampa Bay. (The Purchasing & Contracts Division requests authorization to negotiate and execute Purchase Orders on an as-needed basis; total estimated purchases up to $2,646,000.) (2018-0507)

 

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

CONSTITUTIONAL OFFICERS CONSENT AGENDA

Clerk & Comptrollers Office

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

20. Approve Expenditure Approval Lists dated December 27, 2017 and January 2, 2018. (2018-0517)

 

Districts 1, 2, 3 and 5 voted AYE.

 

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The Board noted, for information only, the following Clerk & Comptrollers Received and Filed:

1. Maintenance Bond #SUR0035935 for water and sewer facilities in the amount of $44,608.38, and a Rider issued on behalf of M/I Homes of Orlando LLC as Principal, for the project known as Retreat at Oregon.

 

2. Maintenance Bond #SU1130616 for right-of-way use permitting in the amount of $12,053.10, Taylor Morrison of Florida as Principal, for the project known as Cedar Creek at Town Center.

 

3. Maintenance Bond #SU1147484 for roadway and storm in the amount of $20,170.26, Taylor Morrison of Florida as Principal, for the project known as Steeple Chase 2B.

 

4. Conditional Utility Agreement for water and sewer service with JPM AA Housing LLC, for the project known as International Parkway Medical Center (FSER).

 

5. Conditional Utility Agreement for water and sewer service with Von Companies II LLC, for the project known as Von Company Office.

 

6. Bill of Sale accepting the water and sewer systems within the project known as Retreat at Oregon.

 

7. Bill of Sale accepting the water and sewer systems within the project known as Terracina at Lake Forest outparcel (AutoZone and CareNow Urgent Care).

 

8. Closeout to Work Order #20 to CC-0559-15 with Southland Construction, Inc.

 

9. Change Order #2 to CC-1219-17 with Tyrell Enterprises, LLC.

 

10. Closeout to CC-1310-17 with Blackstreet Enterprises LLC.

 

11. Work Order #1 to PS-1320-17 with Southeastern Surveying and Mapping Corp.

 

12. Amendment #1 to Work Order #75 to PS-8148-12 with CDM Smith, Inc.

 

13. Amendment #1 to Work Order #80 to PS-8148-12 with CDM Smith, Inc.

 

14. Work Order #81 to PS-8148-12 with CDM Smith, Inc.

 

15. Work Order #82 to PS-8148-12 with CDM Smith, Inc.

 

16. Amendment #7 to Work Order #1 to RFP-8721-13 with VHB Miller Sellen.

 

17. Work Order #4 to PS-9464-14 with GAI Consultants, Inc.

 

18. RFP-603003-17 Term Contract with Genset Services, Inc.

 

19. Bids as follows:

 

RFP-602999-17 from Jaykay Medical Staffing; Alls Well;

 

IFB-603005-17 from Vanguard Utility Service, Inc.; Reed and Shows Meter Solutions, LLC;

 

CC-1430-17 from MCG Services, LLC; Atlantic Civil Constructors Corp.; Schuller Contractors, Inc.; Stage Door II; Gibbs & Register, Inc.; Huffman Inc. d/b/a NuWave Concrete; and

 

PS-1405-17 from AVCON, Inc.; S&ME, Inc.

 

REGULAR AGENDA

Agenda Item #21 2018-0513

Kathy Hammel, Planning & Development Division, addressed the Board to present a request to consider an Administrative Adjustment for a 20% reduction in the number of parking spaces for the multifamily units within the Allure on the Parkway Planned Development. Ms. Hammel stated Allure on the Parkway was approved as a mixed-use development in which they are currently under review for development of the multifamily use. She advised the Land Development Code requires 2 parking spaces per unit and the Applicant is requesting 1.6 parking spaces per unit. Staff finds the request is consistent with the Land Development Code criteria for granting an Administrative Adjustment and recommends approval based upon conditions listed in the staff report.

Commissioner Carey commented that this is one of those examples of a small site in the HIP-TI corridor with mixed use, but Seminole Countys code still has language in there; they havent quite gotten their code where it needs to be for mixed use, high intensity-type development because they still require two parking spaces per unit. The ratio is higher than five other examples that are used and higher than most other counties codes. She is asking staff to look at this because as they look at some of the infill stuff, they really need to have their code in place already so that people dont have to come back and go through the amendment process.

Commissioner Henley re-entered the meeting at this time.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #21 and public input was closed.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute an Administrative Adjustment for a 20% reduction in the number of parking spaces for the multifamily units within the Allure on the Parkway Planned Development, #17-06000011; Gregg Fusaro, Applicant.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Agenda Item #22 2018-0534

Tom Tight, Managing Director of Public Trust Advisors LLC, Orlando, addressed the Board and advised that Public Trust provides investment advisory and management services for public sector clients around the country. They have over $25 billion in assets under advisement and under management. They are all public sector clients and they are all focused on the same objectives that are outlined in this Countys policy of safety and liquidity first. He noted they were engaged by the County at the end of the year to provide investment advice and recommendations.

Mr. Tight displayed a PowerPoint presentation (included in the Agenda Memorandum) entitled Seminole County Portfolio Recommendations. Mr. Tight said he worked with County staff to try to determine the Countys cash positions over time. They try to identify at what point the County is at a low point in funds to determine a core reserve balance. He noted that historically, Seminoles low point with their investments is in November prior to the ad valorem monies coming in. He then reviewed Investment Portfolio Recommendations and stated they are proposing a 40/60 split meaning 40% of the Countys funds at any given time would be liquid and able to be turned into cash immediately. Those funds would be used throughout the year for their day-to-day expenses. A target of 60% of the portfolio would be invested strategically along the yield curve adhering to the investment policy, adhering to State statutes, and adhering to the Boards risk tolerances, and the Clerks risk tolerances as custodian of the funds. He added they would have ongoing communication with everyone involved to determine whether that ratio is still good and if it is, they can continue on and if it is not, they can make adjustments over time. He said it really is a communicative process that is necessary because things do change; cash flows change, commissioners change, and risk tolerances change, so they need to maintain that open communication to talk about the strategy. He noted that is their first high level recommendation. Mr. Tight then reviewed the remaining recommendations on the slide.

The Historical Performance bar chart was displayed and Mr. Tight explained the chart shows the historical performance of a number of various fixed income indices in the short part of the yield curve. He stated they try to determine, when they provide investment advice to their clients and to prospects, how much money they need to have liquid to be comfortable and to be able to pay their bills, and how much money could they potentially move out on the yield curve safely to try to generate more income in the portfolio. Mr. Tight then reviewed the 1-3 Year Duration Portfolio Summary and Strategy Holdings Summary followed by the same information for the 15 year duration.

The Seminole County Indicative Investment Allocation chart was displayed (received and filed). Mr. Tight stated this is the specific asset allocation recommendation they would make. He noted he has had conversations with some of the Board members and also with the Clerk and his staff yesterday. He said he talked about whether the Board is comfortable with $250 million (as the target balance) and whether there are any larger cash flows that he is not aware of that could potentially impact the County in coming years. He noted they would want to take that into account because maybe $250 million is not enough cushion for them based on plans that they have coming up. This is something that will be discussed and talked about before their final recommendation would be made. Mr. Tight then discussed the Portfolio Comparison which compares Seminole County as of 12/31/17 with Pinellas and Hernando counties.

Mr. Tight concluded by stating the County currently has $517 million and the asset allocation across the top of the chart is as of 12/31/17. The recommended allocation at the bottom of the chart is their recommendation as of today. The main difference would be taking money out of some of the cash vehicles and implementing that one-to-three-year and one-to-five-year strategy. He added he will also want to talk about the banks; the banks are qualified public depositories (QPD) and they have certain collateral requirements that they need to adhere to to be in that QPD program. He stated it is his personal view and it is his experience to maybe not have as much money in banks in the QPD program because they are not guaranteed; they are certainly secured but not guaranteed. He noted that is why you may see, at the expense of some of those bank deposits, where most of that money to fund the one-to-three-year and one-to-five-year strategies is coming from.

Commissioner Carey stated they have a lot of five-year plans; they are all rolling and are in all different departments. She said from a cash projection standpoint, she thinks they need to see that all put together, a rolling five-year cash projection. She added $250 million sounds like a reasonable amount of cash to have. Certainly earning $1.2 million based upon the analysis here is important especially if the additional homestead passes and goes into effect next year. One thing that is important to her is that they work with the Clerk to make sure that everybody is comfortable. She understands it is the Boards policy and the Clerks job is to do the investing, but she thinks it is important to continue to have the conversation with everybody. Ms. Guillet opined that probably the appropriate thing to do is to get feedback from the Board on the presentation today and understand their level of comfort with the concepts. Then they can have staff work together with the investment advisor to ensure that all of the cash flow issues are addressed and then bring back a recommendation to the Board at the next meeting as to which direction they would like to go with respect to investment directions. Commissioner Carey stated as she understands it, the presentation they just had is based on their current investment policy, within that framework. Ms. Guillet noted that it absolutely is; they do want to double check the cash flow issues, but other than that if the Board is comfortable, staff will bring back a recommendation with respect to investment direction at a future meeting. Commissioner Carey reiterated that she would just like to see that rolling cash flow analysis. Chairman Horan agreed saying they do have to confirm the $250 million.

Chairman Horan asked in regard to the analysis by Public Trust, how many years were analyzed, and Mr. Tight replied it was looking back over three years. He added he is not sure how Hurricane Irma impacted the County from a cash standpoint, but they have a proprietary model that they can plug in and not only look back to see where the low points are but also project forward. They would want to take into account one-time events like a storm or something unexpected and the potential for that in the future. Pending the Boards approval, Mr. Tight indicated he is comfortable that there is enough cushion there. There is about $100 million of cushion between the $250 million strategy, so essentially 50% of the portfolio is either liquid or very close to being liquid at any given time.

Commissioner Dallari repeated Commissioner Careys request in regard to making sure the rolling CIP is covered to ensure they have enough cash. He also stated he would like to see how the additional homestead exemption would affect it.

Clerk of Court and Comptroller Grant Maloy remarked that he appreciates working with Mr. Tight and said they actually have $10 million in FLCLASS (Florida Cooperative Liquid Assets Securities System) which is an investment pool that Public Trust manages and that is overseen by Clerks and Tax Collectors. He noted they work with other Clerks Offices and in fact they work directly with the two counties, Pinellas and Hernando, shown in the Portfolio Comparison.

Clerk Maloy stated the current investments are following the investment policy, and Mr. Tight agreed. Clerk Maloy pointed out that they presented some ideas to do a similar sort of thing last February, and said he is more than happy to work on that path; right now they have been shifting money to these high-paying QPD money markets, which are roughly in the same ballpark as two-year treasury bonds. They are a little bit lower now, but the nice thing is they are a dollar-per-dollar value. In the past when they started having this discussion, there was a lot of criticism over the book value loss of the one treasury they have. Clerk Maloy said if they are going to work together, and he would like to, there has to be some assurance that they are going to do that, because if they start shifting money in treasuries, there will be a lot of book value loss showing up on these reports. In previous conversations here, that has been pointed out to them like they are losing money, but it is just the nature of the beast when you are investing in these bonds. When the interest rates go up, the book value goes down, which is why there was that book value loss on the one treasury they have. He added though that the one treasury is earning a lot of money and as they can see, the small amount of securities they have are out-producing other counties. But that is the bulk of the reason why they have shied away from going into these long-term securities and treasuries. Also, rate increases are predicted for 2018.

Clerk Maloy said he still contends they should have a work session on this in the future and work together. He is more than happy to do that since this is about advice and not taking over the responsibilities of the Clerk. He said he is happy to work with Public Trust and noted the Clerks Office has an investment committee and he thinks the Board could send a representative to that as they look at these investments. He suggested the County drop their lawsuit and move forward together because he really does not think they are that far apart on their goals but that just better communication would help out.

Clerk Maloy indicated that the last slide shown, the asset allocation, is just taking a picture of one day, so that is the peak level of investments. He noted that number will drop by about $150 million. Mr. Tight responded that it is a snapshot in time based on the $517 million portfolio. They know that will change over time and the yields are going to change. An additional 24 basis points applied to whatever number, he thinks the average was $400 million, is $240,000 for every $100 million so roughly, potentially $1 million. Clerk Maloy pointed out that the County is not going to earn $9.2 million with this plan, as indicated on the chart, and the Clerk is not going to earn $7.9 million, because that balance will drop substantially over the next year.

Chairman Horan asked whether their investment policy addresses the issue of how much money should be in any one institution. Mr. Tight replied that it does. By security type, there are certain percentages that you have to adhere to, and right now, they are in compliance with all of these securities. Chairman Horan pointed out the chart shows that right now, they have almost $111 million in Bank United. Mr. Tight explained it does not limit per issuer banks but it lumps that whole position together. He said they can see they have a large percentage in SBA/Florida Prime and their maximum allocation to that is 30%; they are slightly under that. He added he believes the bank exposure is 40% of the entire portfolio, so that is where the Bank United, City National Bank, Florida Community Bank, etc. would fall under that as permitted. They could limit the 40% by saying they do not want X percent allowed to be invested in any one bank. He noted they see that a lot. For corporate and municipal exposure, they limit individual names to no more than 5% of the portfolio, so that concept could be applied to the banks if they wanted to. Right now it is capped at the group level.

Chairman Horan asked if the County had any special relationship with Bank United or City National Bank and noted they have over $200 million. Clerk Maloy advised the main reason is because when they go out in the marketplace and look for the best deals on the qualified public depositories, these have come through with the best deals. They also have agreed to raise these rates every time the federal rates go up. He added there are relationships with SunTrust and Wells Fargo where they get certain breaks on other services and fees, but the main reason is they look for the best deals. They continue to diversify that, and they recently added Citizens Bank; who would take a maximum of $10 million. Also, he said they recently started doing some CDs at 1.9% with Fidelity Bank; it is a one-year CD and that is a very high rate. Clerk Maloy stated he agrees that $100 million is a lot but noted Bank United has had balances as high as $700 million with other government agencies; they are quite large banks that specialize in this type of product. Chairman Horan said the reason he asked the question is they have Bank United with a yield of 1.6% and City National Bank with a yield of 1.61%, so there are a couple hundred million in those two. Clerk Maloy noted the reason is that some of the banks cap at how much the maximum can be. Chairman Horan mentioned he is not sure what the limitation or the deviation would be with Florida Community Bank. The Clerk advised that some of those banks had been paying a lower interest rate so they did not put as much money in those. Chairman Horan replied the chart shows they are paying the same interest rate and Clerk Maloy explained that they are now because Jenny Spencer, Director of the Comptrollers Office, negotiated those rates. He added before fed rates go up now, Ms. Spencer already has the deals worked out to make sure they match the 25% basis increase.

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Agenda Item #22A

The request to approve a resolution in connection with the Educational System Impact Fee Vested Rights Process has been moved to the afternoon session.

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #22B 2018-0543

Ms. Guillet stated they discussed a 30-day extension to the Rolling Hills contract at the last meeting. She advised a copy of the actual contract has been provided and they are asking for authorization to execute that (copy received and filed).

Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve and authorize the Chairman to execute the Fifth Amendment to the Contract for Sale and Purchase of Land between Rolling Hills Reserve, LLC and Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Chairman Horan recessed the meeting at 11:40 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 Spencer, who were present at the Opening Session.

REGULAR AGENDA

Agenda Item #22A 2018-0540

Paul Chipok, Assistant County Attorney, addressed the Board to present a request to approve a Resolution creating Section 30.30 of the Seminole County Administrative Code designating the Educational System Impact Fee Vested Rights Process, and Section 20.21 establishing the Required Application Fee for this process.  Mr. Chipok reviewed the item as outlined in the Agenda Memorandum. He added the policy specifically lays out the criteria and then delegates to the Development Services Director the ability to grant vesting certificates if the criteria in the Administrative Policy are met. An appeal would be to the BCC.

Commissioner Carey asked if there was a fee for an appeal. Mr. Chipok answered they refer the appeal to Section 20.12 of the existing Code of Ordinances or Land Development Code (LDC); and for those appeals, there is already a fee established of $1,000. Commissioner Carey questioned if they are making the appeal fee double the price of the application fee for the vesting certificate, and Mr. Chipok responded he is just going by what is already established as the fee for an appeal of a Development Director determination. Commissioner Carey commented that $1,000 seems a little excessive because the application fee for the vesting certificate is only $500. Chairman Horan asked if the Board wanted to lower it. Ms. Guillet stated it is a decision of the Board as to what they think is appropriate. She pointed out the appeal fee is just a generalized appeal of the Directors decision on a number of different things. Chairman Horan asked what the application fee is for most of the things that may be denied, and Ms. Guillet answered some of them are less than $500. She explained part of the issue is to ensure that you dont get frivolous appeals and there is a bit of work involved with an appeal. That being said, its the Boards decision as to what they think is an appropriate fee.

Commissioner Constantine asked how many appeals they have a year. Ms. Guillet answered she cant recall the last time they brought an appeal to the Board. Commissioner Constantine inquired if they could quantify the price, and Ms. Guillet replied they could track the price. Commissioner Constantine stated he doesnt want to arbitrarily change it because the Board is questioning it. He would rather Ms. Guillet come back with a recommendation from staff. Ms. Guillet replied staff could take a look at it and bring it back as an Administrative Code amendment at the next Board meeting. Chairman Horan asked if there was an appeal from the alternative impact fee calculation. Ms. Guillet answered she doesnt recall. Mr. Chipok asked for clarification. Ms. Guillet explained when they make a determination on a request to review an alternative impact fee determination, that is an appeal of the Deputy County Managers decision and is not a common occurrence. Commissioner Dallari suggested they have staff look at it and bring it to the next meeting, so the Board can have a good feel for whether or not it is the right decision.

Commissioner Carey stated her other issue is the ability to prepay. She explained a scenario where a builder gets his vesting certificate, which is good for one year, and has a three-phase project. _%_He will be building 50 houses at a time, but he has the money now to prepay for all 150 houses at the lower rate even though he may not ever build them. So they are already approved, t_%_he builder is phasing his construction, and he wants the benefit of the lower impact fees. _%_She asked _%11__%21__%31__%41__%51__%61__%71__%82_what_%:1_ the_%;1__%<1__%=1__%>1_ prepayment ability would be in that scenario. Mr. Chipok answered currently_%B1_, if _%C1_he _%D1_just _%E1_came _%F3_in _%I1_and _%J2_asked _%L1_for _%M1_pre_%N1_pa_%O1_yment, the_%P1_ answer _%Q1_would _%R1_be _%S1_no _%T1_because _%U1_the_%V1_ time _%W1_of _%X1_im_%Y1_pact _%Z1_fee _%[1_payment _%\1_will _%]1_be _%^2_established _%`1_by _%a2_resolution, _%c1_which will be coming back to the _%_Board at a later date_%d2__%f1__%g2__%i1_. _%_He explained the_%j1_ ordinance pegs_%k1__%l2__%n1__%o1_ the time _%p1_for _%q1_payment _%r1_as _%s1_between _%t2_application _%v1_of _%w2_building _%y1_permit _%z1_and _%{1_before _%|1_pre_%}1_pow_%~1_er _%1_for _%3__%1_a _%_C_%1_ertificate _%1_of _%2__%_O_%2_ccupancy _%1_for _%1_that_%1_ particular _%1_per_%1__%1_mit_%1_. _%1_In the _%1_con_%1_text _%1_of _%1_an _%1_a_%1_greement _%1_on _%1_a _%2_vesting _%1_certificate_%1_, the_%2_ vesting _%1_certificate _%1_will _%1_over_%1_ride _%1_the_%1_ standard procedures_%1__%1__%1_ _%1_in the _%1_ordinance. _%1__%1__#_And _%1_again, _%1_if the _%1__#_Board _%1_wants to warrant and agree _%1__%1__%1__%1__%1_that _%1_payment _%1_can be _%1_made _%1_in _%2_bulk in a large project_%1__%1__%1__%1_ _%1_that _%1_meets _%2_the vesting _%1_criteria, _%1_that _%1_is _%1_something _%1_that _%1_t_%1_he _%_Board _%1_could _%1_consider _%1_and _%2_specifically _%1_approve_%1_. _%_However, that _%1_would _%1_be_%1_ _%1_under_%1_ a _%1_particular _%1_a_%1_greement _%1_on a case_%1_-by_%1_-case _%1_bas_%1__%1_is. Commissioner _%_Henley noted as presented right now, it doesn't prohibit an applicant from doing that if he wanted to phase it. _%_Mr. _%_Chipok replied that's _"_correct, but it would be under the specific vesting certificate. Commissioner _%_Carey stated she doesn't _%_think they'd let them pay it in advance because they haven't applied for the building permit yet. _%_Her question was regarding people_%_ that are vesting because they are already in the queue of getting their approval done; so_%1_o if they wanted to pay it in advance, would there be an opportunity for that.

_%_Ms. _%_Guillet _%_s_%1_tated if the _%_Board is going to give staff the authority, and specifically the department director, to approve vesting agreements and t_%1_hey want to allow a bulk advance payment, s_%1_he would prefer that t_%1_he _%_Board authorize that through the vesting procedures. _%_She asked _%_Mr. _%_Chipok_%_ if_%1_ there is something in the actual ordinance that gives a certain window to pull a permit based on the determination and impact fees. _%_Mr. _%_Chipok explained there are several levels they are talking about. _%_The first level is somebody coming in for a building permit. _&k1__&m1__#_Whe_&n1_n they come in for the building permit on a particular lot for an individual single-family home, they would come in and make the building permit application. _#_As part of that building permit application process, they would receive an impact fee determination letter that would establish the amount of impact fees that they need to pay. _%_That letter is good for 60 days. _%_Within that 60 days they will need to pull a building permit. _%_Once they pull the building permit, the impact fee stays with them for the life of that building permit._&n1_ _#_They have to pay the impact fee during the life of that building permit. The life of the building permit is to be established by the Board; be it at the pulling of the building permit as the low end and the _#_Certificate of _#_Occupancy as the high end. _#_That will come back to the _%_Board at a separate hearing to determine by resolution.

Commissioner _%_Dallari stated he_%_ was under the impression that there is a time for vesting rights. Mr. _%_Chipok responded he was explaining the _%_very basic level of somebody just coming in for a building permit. _%_Co_'1_mmissioner _%_Dallari reiterated he was_%_ under the impression that there_%_ is a time for vesting rights, which he believes is 90 days. _%_Mr. _%_Chipok explained_%_ if somebody enters into a vesting certificate or wants to apply for a vesting certificate, they would need to make application before the effective date of the new rates; and that day is _%_April 10th. _%_Commissioner _%_Dallari asked if that vesting certificate is good for a year; _'1_and _%_Mr. _%_Chipok answered yes. He added_%_ _"_they would either need to pay the fee or pull a building permit._'1_ _%__%_Mr. _%_Chipok explained the vesting certificate is going to lay out the para_'1_meters of what they are vested for. _%_The vesting is only good for one year under the terms of the ordinance. _%_At this point in time, the presumption is that the building permit is the trigger for assessment of the impact fees and payment of the impact fees. _%_So if it's a vesting certificate that is applicable to a single-_'1_family home project that is under contract now bu_(1_t doesn't plan to build until next _%_October, _(1_they are not _(1_going _(1_to be _(1_done _(1_prior _(1_to the _(2_effect_(1_ive _(1_date _(1_of the _(1_new _(1_im_(1_pact _(1_fee_(1_. _(1_T_(1_hey are_(1_ _(1_not _(2_ready _(1_to _(1_pull _(1_a _(1_build_(1_i_(1_ng perm_(1__(1_it, but they are under contract. _(1_ They would get _(1_a _(2_vesting _(1_certificate_(1_, _(1__(1_and _(1__(1_the_(2_ vesting _(1_certificate would d_(1_irect them to pull _(1_t_(1_heir _(2_building _)"2_permit _)$1_within _)%1_the_)&1_ one _)'1_year_)(1_. _#_They _))1_pull _)*1_it _)+3_and _).1_pay _)/1_the_)01_ current _)11_rate_)21_.

Mr. Chipok stated i_)41_n a situ_)51_ation _)61_where _)72_it is _)91_a _):2_larger _)<2_project _)>1_and _)?2_they are _)A2_dealing _)C1_with _)D2_projects _)F1_that _)G1_are _)H1_in_)I2_ the system _)K1_but are _)L1_at _)M1_si_)N1_te plan _)O1_or _)P4_engineering and_)T1_and _)U1_not _)V2_ready _)X1__)Y1_to _)Z1_pull _)[1_individual _)\1_lots_)]2_, that is _)_1_a _)`2_different _)b2_story; _)d1_and the _)e1_parameters_)f1__)g1_ _)h1_of _)i1_that _)j1_will _)k1_be _)l2_worked _)n1_out _)o1_as _)p1_to _)q1_whe_)r1_n they _)s1_will _)t1_have to pay _)u1__)v1__)w1_within _)x1_that _)y1_one _)z1_year _){1_and _)|1_what _)}1_they _)~1_will _)1_have _)1_to _)1_pay_)1_. Commissioner _%_Carey_)1__)1_ opined _#_if they _)1__)1__)1__)1_meet _)1_all of the _)1_requirements _)1_of the _)2_vesting _)1_cri_)2_teria_)1_, if _)1_they _)1_get _)1_their letter but it's a larger project and they are going to phase it, if they know how many lots there are because they got their preliminary approval, and _)1_if they wanted to pay it all at one time at that rate even though they are not going to pull their building permits until after the fact but they're willing to put their cash up now, _%_that is a value to the _%_County because they would be earning interest off the money.

Ms. _%_Guillet stated _"_that used to happen a lot when people were trying to preserve capacity, so _*1_what _%_Commissioner _%_Carey is talking about was _*1_not_*1_ an _*1_un_*2_common _*2_practice_*1_. _%_Ms. _%_Guillet _*1_explained_*1__*1__*1_ she doesn't think that the_*1_ terms _*1_of the _*2_actual _*2_ordinance _*1_would _*2_permit _*1_that_*1__* 1_ because of the vesting period. _%_If somebody gets a vesting letter, that means whatever the price of the impact fee was at the time of vesting, that price is good for one year. That impact fee determination is good for 60 days. A_*1_t the last meeting, it was decided that they _*1_would have the 90 days to get vested and the price would be good for a year, and then they'd have another 60 days in order to keep that price valid because they would either pull a building permit or get prepower inspection, whatever the trigger is that the _%_Board decides. Ms. Guillet stated she doesnt know that under the terms of the way the agreement is written now, they could do that unless they were ready to pull building permits or prepower or whatever the trigger is at _*1_that _*1_time. Commissioner _%_Carey _%_s_*1_tated part of the argument they heard about why there should be a vesting period was because there are people that have contracts out there who have done their pro formas based on a certain impact fee. _%_Ms. _%_Guillet noted_%_ they went from two years to one year because they wanted to narrow that window for them to be able to stay under the current fee or whatever revised fee might happen down the road. _%_S_+1_he reiterated she _+1_do_+1_esn't think _+1_the _+1_way _+1_the_+1_ ord_+1_inance _+1_is _+2_currently _+4_structured _,$1_would _,%4_allow _,)1_them _,*1_to _,+1_pre_,,1_pay _,-1_in advance if they weren't going to be able to pull a building permit or get a prepower inspection, _,.1_what_,/1_ever _,01_t_,01_he _,12_ultimate _,32_trigger _,51_is _,61_for payment of the _,71_fee _,81_within _,91_that 60 _,:2_days_,<1_. _,=1__%__,>1__,?1__,@1_They _,A1_really get _,B1_a year _,C1_and _,D1_60 _,E1_day_,F1_s t_,G1_o take _,H1_ad_,I1_vant_,J1_age _,K1_of _,L1_the_,L1_ _,M1_old _,N1_fee_,O1_, t_,P1_he old _,Q1_rate_,R1_.

Mr. _%_Chipok _%_s_,f1_tated there _,g1_is a _,h1__#_Key _,i1__#_West _,j1_case_,k1__,l1__#__,m1__,n1_ which _,o2_very clearly _,q1_says _,r1_that there _,s1_is _,t1_no _,u1_vest_,v1_ed _,w1_right to an impact fee _,x1_rate and that the _,y1__#_Board_,z1_ has _,{1_the _,|1_right _,}1_to _,~1_change _,1_the impact fee rate at _,1_any time up through building permit _,1_and _,2_apply _,1_it _,1_to _,2_projects_,1_, ev_,1_en _,2_projects _,1_that _,1_are _,1_in the _,1_works_,1_. _%__,1_The _%_Board _,1_ha_,1_s made _,1_a _,2_policy _,1_decision _,3_to allow _,1_some _,2_type of _,2_vesting _,1_for _,2_projects _,1_in the _,1_pipe_,1_line _,1_because _,1_they _,1_think _,1_that_,1__,1_ is a _,1_fair _,1_situation_,1_ _,1_and _,2_that_,1_ is within _,1_their _,1_discretion to do. _,1__,1__,1__#_The_,1_ _#_Key _,1__#_West _,1_case _,1_also says that _,1__,1_there _,1_is _,1_no _,1_legal _,1_right _,1_to _,2_vesting_,1__,1_. _%_Mr. _%_Chipok also discussed a _%_Lee _%_Co_,1_unty case and expl_,1_ained tha_,1_t _,1_case _,1_stands _,1_for the _,4_proposition _,1_that _,1_ev_,1_en _,1_though _,1_there _,1_is _,1_no _,2_vest_,1_ed right _,1_to _,1_an _,2_impact _,1_fee _,1_rate_,1_, t_,1_he _%_Board _-!2_cannot _-#1_im_-$1_pair _-%1_an _-&2_existing _-(1_contract_-)1_. Commissioner _%_Carey asked if _%_that refers to _%_a_--1__--1_ contract for a developer to purchase a piece of land or any contract, and Mr. _%_Chipok answered _%__"_it does not address that. _%_It says that has to be determined on a case-by-case basis _-O2__-O2_based _-Q1_on the _-R1_facts_-S1_. _-T1_So _-U1_with _-V1_that_-W1_, the _-X2_vested _-Z1_rights _-[2_policy _-]1_that _-^1_the _%_Board has before them_-_1__-`1__-a1_ _-b2_lays _-d1_out_-e1_ the_-f2_ situation _-h1_where _-i1_there _-j1_is _-k1_a _-l1_specific _-m1_contract _-n1_and _-o2_they have _-q1_la_-r1_id out _-s1_the_-t3_ parameters _-w1__-x1__-y1_and _-z3__-}1_if _-~1_they _-1_check _-1_off _-1_all _-1_those _-2_boxes_-1_, _-1_they will _-1_grant _-1_them _-1_a _-2_vesting _-1_certificate_-1_. _%_ _-1__#_Then there is the appeal decision if they don't grant it because they haven't, in staff's determination, met the criteria. Mr. Chipok advised B(2) is specifically regarding a contract and B(3) is more in the nature of a grandfathering or an equitable estoppel-_-1_el type argument where the _%_County has made some type of representation, they have relied on that representation, and they are showing that they relied on it to their detriment and there is some type of diminishment to them because they would not be able to use the old impact fee rate. _#_In that situation, that is criteria that they would look at and establish. _#_And again, if they are not meeting those criteria, staff would deny the permit and they would have the right to appeal it to the _%_Board to look at those equities and make the u_#_ltimate decision.

Commissioner _%_Carey_.>1_ _.>1_stated anybody _.?2_that_.A1_ has already _.B1_been _.C1_through _.D1_the_.E1_ process _.F1_and _.G1_has _.H1_an _.I3_approve_.L1_d _.M1__.N1_subdivision _.O1_who _.P1_is _.Q1_in the _.R2_middle _.T1_of _.U2_developing _.W1_it _.X1__.Y1_but _.Z2_hasn't _.\2_pulled _.^3_a _.a2_building _.c2_permit _.e1_for _.f1_a _.g2_single _.i3_lot_.l1_ will have to pay the higher rate when they come pull the building permit. _%_Mr. _%_Chipok _.l1_commented that is correct. _%_He explained _"_the impact fees for the schools are not based on consistency, concurrency, or a _%_SCALD letter; that's all dealing with comprehensive planning to make sure other infrastructure is in place. _#_The impact fee is for when someone is putting a new house into the system and there is an impact on the school system so they are paying their fair share of that new house into the system. _#_

Chairman _%_Horan _.1__.1_stated _#__.2_it_.1_ is really a _.2_matter _.1_of _.2_policy_.1_, and he suggested they _/Q1__/R1_make _/S1_t_/S1_h_/T1_at policy decision_/U1__/V1_ _/W2_based _/Y1_upon _/Z1_the _%_County _%_Manager _/[2_getting _/]1_back to the _%_Board with a recommendation. _%_Ms. _%_Guillet_/^1__/_1__/`1_ advised she is g_#__/a2__/c1_oing _/d1_to _/e1_get _/f1_back _/g1_to _/h1_the _%_Board _/i1_regarding the _/j2_appeal _/l1_fe_/m1_e. _%_With respect to the issue as to whether or not _/n1_they _/o1_want _/p1__/q1_to let _/r2_folks _/t1_pre_/u1_pay _/v1_in _/w2_bulk_/y1_, that _/z1_is _/{1_a _/|2_policy _/~1_decision _/1_w_/1_hich she_/1_ _/1_would _/1_prefer_/1__/2__/2__/1__/2__/1__/1__/1__/1__/1__/1__/1__/1_ to get clear _/1_direction on _/1_and _/ 1__%_confirmation that it is not in conflict with the existing terms of the ordinance, otherwise they can amend the ordinance.

Commissioner Constantine advised he does not see it as a big issue. If _/1_someb_/1_ody _/2_really _/2_wanted _/1_to _/1_pre_/1_pay_/1_ _/1_for _/1_a _/1_hundred _/2_units_/1_, h_/1_e _/1_thinks _/2_that is _/1_something _/1_they _/1_might _/1_want _/1_to _/1_talk _/1_about;_/1_ _/1_but _/1_h_/1_e does not _/1_want _/1_to _/1_change _/1_the_/2_ entire _/2_ordinance _/1_for a presupposed possibility that might happen. _%_H_/1_e _0!1_understands why people would do that _0"1_whe_0#1_n t_0#1_hey _0$1_were _0%2_trying to _0'1_con_0(1_serve _0)2_capaci_0+1_ty_0,1_, but _0-2_that _0-2_is _0/1_not _001_the_011_ sit_021_uation _031_today. _%_He_041__051_ _063_appreciates _091_the_0:2_ issue _0<1_coming _0=1_up _0>1_from _0?4__#_Commissioner _#_Carey_0C1_, but _0D1_h_0E1_e doe_0E1_sn't _0F1_see _0G1_it _0H1_as _0I1_a _0J1_big _0K2_issue _0M1_nor a reason for t_0M1_he _%_Board to change the _0N2_resolution _0P1_for the ordinance that is in front of t_0P1_hem t_0P1_oday. Commissioner _%_Carey stated they a_%_re really only talking about the people that are going to come in to get vesting. _%_Ms. _%_Guillet_%_ added people _"_who want to preserve the lower rate.

M_01_r. _%_Chipok stated he _%__01__01__01_receive_01_d one email_01_email _01_from _01__%_Hal K_%_Kantor (received and filed) who objected to _%_Section _%_B(2)(f) which _01__02__01__01__01__01__01__01__01__01__01__01__02_establishes _01_the_01_ specific _01_cri_02_teria _01_that staff would be reviewing the impact fee under. _%_Commissioner _%_Dallari asked_%_ _"_what_%_ his objection was under the criteria. _%_Commissioner _%_Carey _02_noted _"_it_01_ is the _01_one _01_that_01_ says, Evidence that said _02_contract specifically _01_addressed the responsibility for _01_payment_01_ of _01_im_01_pact _02_fees_01_, and the _01_applicant can _03_demonstrate_01_ that the assessment of educational system impact fees under the _01_rates _02_effect_01_ive _01_on _%_April 10th, 2018, will _01_result _01_in _01_an _01_immediate _01_diminishment in the _01_val_01_ue _01_of the _02_subject _01_contract _01_to the _01_ex_01_ten_01_t of _1!1_rend_1"1__1#1_ering it material_1$1_ly devoid _1%1_to profit through a contracting party. _%_C_1&1_hairman _%_Horan _1'1_confirmed with _%_Mr. _%_Chipok that he _1*2_tried _1,1_to _1-1_use _1.1_the_1/1_ norm_101_al _111_type _121_of _131_definition of what constitutes an impairment of contract. _%_Mr. _%_Chipok _%_s_131_tated he_%_ took that language from _%_Hillsborough _%_County's ordinance_131__1g1_, and _1h1_that _1i2_language _1k1_is _1l2_mirrored _1n1_in _1o1_the _%_County's _1p4__#_Administrative _1t1__#_Code _1u2_policy_1w1_. _1x1__%__%_Ms. _%_Guillet stated she_%__11__11__11__11__11__11__12__11__%_ actually thinks it is a more _11__11__11__11_liberal interpretation of the _%_Lee _%_County case than the actual _11__11__12__11_pro_12_visions_11__11_ of the _%_Lee _%_County case. _11__11__%_Her _11_recommend_11_ation would _11_be _11_that the _%_Board leaves the language as is.

Kami_%_ _%_Corbett, _%_Foley & _%_Lardner, _%_LLP, addressed the _%_Board and stated _"_the _11__%_School _%_Board has_11_ talked about the vesting issue_11_ _11_a _11_lot;_11_ _11_and _11_t_11_hey actually had a separate work session with all of the _%_School _%_Board members because _2/1_when the _%_School _%_Board adopted the resolution, there _2;1_was _2<1_no _2=2_contem_2?1_plation _2@1_of any vesting whatsoever_2A3_; the_2D1_ new _2E1_im_2F1_pact _2G1_fee rate would _2H1_take _2I1_effect _2J2_90 days _2L1_after _2M1_the_2N2_ effect_2P1_ive _2Q1_date _2R1_of the _2S1_ordinance as by statute. _%_All of the impact fee studies we_2S1_re based on that assumption. _2c1__%_T_2c1_hey _2d1_met _2e1_individually _2g1_with _2h1_each _2i1_of the _2j2_cities _2j2_to discuss whether or not there was a point in time that t_2j2_hey could identify that would say if t_2j2_hey've gotten this far along in the process, t_2j2_hey should be eligible to have t_2j2_heir project grandfathered in. T_%__%_They could not come to a consensus as to what that point in time might be, so that is why t_2j2_hey said _2j2_they c_2j2_ouldn't find an equitable way to address that. M_2j2_s. _%_Corbett stated what _%_C_2j2_ounty staff proposed in the alternative was acceptable to the _%_School _%_Board in terms of limiting the scope to a period of one year and just having that one-year grace period. _%_If they do what _2l1__21__%_Commissioner _%_Carey suggests, they are effectively letting a subdivision that _21_might _21_not_21_ develop _21_for over_21_ _21_10 ye_21_ars_21__21__21_ _3!2_get_3#1_ a 10-year vesting to today's impact fee rate. _%_That is significantly detrimental to the _%_School _%_Board because not only are t_3#1_hey getting less t_371_han _381_what _391_t_391_hey _3:4_anticipated _3>1_for the_3>1_ year and the_3>1_ study period, in each _3?1_sub_3@1_se_3A1_quent _3B1_stud_3C1_y _3D1_period _3E1_t_3E1_hey will _3F1_be _3G2_behind _3I1_because _3J1_there will be children who will be impacting the system f_3J1_ive or six years from now who will be paying the same a_3W1_s _3X1_someone _3Y1_that _3Z1_was _3[1_im_3\2_pacting _3^1_now _3_1_ev_3`1_en _3a1_if the _3b1_cost _3c2_to provide that student _3e1_a student station _3f1_is _3g6_significantly _3m1_greater_3n1__3o1_. _%_She advised that is why the _%_School _%_Board has not supported long-term vesting.

Ms. _%_Corbett stated _"_multifamily developers made a case in the last hearing that was pretty compelling with respect to the size _31_of _31_the_32_ir project _31_and _31_the significant impact within _31_the_31_ year. _31__#_So _31_if someone_32__31__31_ _31_was _31_going _31_to _31_have _31_a _32_million _32_dollar impact _31_to _31_t_31_heir _31_bottom line_33_, that is pretty compelling. _#_To _31_say _31_that over _31_ten _31_years _31_they had an expectation that they were going to pay _31_the_31_ same _31_im_31_pact _31_fee _31_as _31_it is _31_today_31_, that's _31__31_a _31_less _31_com_32_pelling _31_arg_31_ument_31_._31__33_ _%_S_31_he _31_ask_31_ed that _31_the _%_Board _32_support staff's recommendation _4!1__4"1__4#1__4$1_and advised the _%_School_%_ _%_Board is in agreement with what staff is suggesting _4$1_because they _4%1_think _4&1__4'1_it is fair_4(1_ and_4)1__4*2_ _4,2_equit_4.1_able_4/1__401_.

Commissioner _%_Carey stated she isn't_%__%_ making _411__422__443__472__491_a _4:3_suggestion_4=1_, she is thinking about it _4C1_as _4D1_the_4E1_ develop_4F1_er community might think about it_4G1__4H1__4I1__4J1__4K1_. _%_She was just wondering if there was an opportunity to prepay and how that would work. Chairman _%_Horan opined _%_maybe that is why the_4a1__4b1__4c1__4d2__4f1__4g1__4h1__4i1_ inclination would_4j1__4k1_ _4l1_be _4m1_to _4n1_not _4o2_allow_4q1__4r1_ pre_4s3_payment _4v1_because _4w2_it is very difficult to try to define _41_how _41_it would _41_work_41_. _41__%_He stated he _43_noticed _41_in _41_Mr. K_41_Kant_41_o_41_r_41_'s _41_e_41_ma_41_il _41_that the_41_ first _41_point _43_he _42_raises _41_is that in 45 years, he has never seen the issue of who pays the impact fees addressed in a contract for purchase and sale. _41__%_He asked _%_Mr. _%_Chipok if that point _"_was addressed in the case he used for the language. Mr. _%_Chipok answered _"_yes and noted _"_that the language is verbatim from the _%_Hillsborough _%_County ordinance. _%__41__41__%_Ms. _%_Porter-Carlton stated_#_ _41__41_the _42_language _41_in the _41__%_L_41_ee _5!1__#_Count_5"1_y _5#1_case _5$1_is _5%1_more _5&3_extensive _5)1_in _5*1_that_5+1_ _5/1_if _501_the_511_ _#_Court _522_determined _541_that _551_the_562_ ordinance _581_would _591_result _5:1_in _5;1_an immediate diminishment in value of the contract, that "retroactively turns otherwise profitable contracts into losing propositions," then it would be, per se, unconstitutional. Chairman _%_Horan asked if they_%_ use "materially devoid of profit," and _%_Ms. _%_Porter-Carlton answered no. _%_She noted that is the language in the _%_Co_%_unty's proposed vested rights determination.

Motion by Commissioner Constantine to adopt a Resolution creating Section 30.30 of the Seminole County Administrative Code designating the Educational System Impact Fee Vested Rights Process, and Section 20.21 establishing the Required Application Fee for this process.

Chairman Horan stated the motion failed for lack of a second and asked if someone wants to amend the motion in some way. Mr. Chipok noted some minor clerical changes (received and filed) that Chairman Horan had made for clarity sake in a meeting yesterday, and advised the changes do not address the context or the impact of the ordinance or administrative policy. Chairman Horan confirmed none of the changes were substantive.

Chairman Horan asked if the Board wanted to cook this item a little more. Ms. Guillet stated her only concern with doing so is that there is a very small window for folks to submit their applications for vesting, which is why staff rushed this item onto the agenda. That being said, she advised she is not asking the Board to pass something that they are not comfortable with. Commissioner Carey stated the County doesnt care if the contracts are profitable or not, so she doesnt know why they would use that language. Ms. Porter-Carlton advised she isnt suggesting they put that language in. She clarified i_6B1_n regards to _%_Mr. K_%_Kantor's comment, the language in the _%_County's proposed _#_Admin _#_Code section is less restrictive than what was in the case. _%_Chairman _%_Ho_6B1_ran stated _"_in other words, _%_Mr. _%_Kantor is misquoting the case, not the _%_County._61_ The _62_language _61_that they _61_have _61_in _61_their _62_ordinance is correct. Ms. Guillet added t_%_his is more forgiving _61__61__61__61__61__62__61_than _61_what _61_was _61_held _61_by the _61__%_Court _61_in the _61__#_Lee _61__#_Count_61_y _61_case_61_.

Chairman Horan suggested they pass the resolution as it stands. He reminded the Board they always have the opportunity to go back and make some technical corrections when they have a measured mile of usage. Commissioner Constantine replied that is the reason he made the motion because they can change it in the future if there is a problem. They do have a timeframe that they want to be able to get out there; and if there is something that they need to change, they can do that later. Staff is going to be looking at it and has been given direction, so he doesnt see a problem approving it today.

Motion by Commissioner Constantine to adopt a Resolution creating Section 30.30 of the Seminole County Administrative Code designating the Educational System Impact Fee Vested Rights Process, and Section 20.21 establishing the Required Application Fee for this process.

Motion died for lack of a second.

Commissioner _%_Carey suggested they need to hear from the rest of the _%_Board what their issues are because she has already said what her issue i_71_s. _%_She advised if nobody else wants to second the motion, the _%_Chairman can always pass the gavel and second a motion.

Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt appropriate Resolution #2018-R-15 creating Section 30.30 of the Seminole County Administrative Code designating the Educational System Impact Fee Vested Rights Process, and Section 20.21 establishing the Required Application Fee for this process (with clerical changes).

Chairman Horan stated the motion has been made and seconded with the caveat that the County Manager is going to get a recommendation to the Board regarding the fee for an appeal. Commissioner _%_Dallari advised he_%_ did not vote in favor of the impact fees but _%_he feels that this is the process of paying the impact fees and vesting them, and that is the only reason why _%_he is supporting it even though he _%_did not support the approval of the impact fee schedule.

Districts 1, 2, 3, 4 and 5 voted AYE.

For clarification, _%_Mr. _%_Chipok asked if that motion includes the non-substantive wording changes. _%_Commissioner _%_Constantine advised the motion includes the clerical changes.

PROOFS OF PUBLICATION

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

Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

Nuisance Abatement

96 Spring Street, Altamonte Springs

Agenda Item #23 2018-0465

Proof of publication calling for a public hearing to consider adoption of a Resolution issuing an Order to declare the existence of a Public Nuisance at 96 Spring Street, Altamonte Springs; to require corrective action by March 24, 2018; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner, received and filed.

Jodi Doyle, Building Division, addressed the Board to present the item as outlined in the Agenda Memorandum. She stated staff recommends approval and noted Building Official Paul Watson is available for questions.

Ralphael Quinn, 598 Calibre Crest Parkway, addressed the Board and stated contrary to Ms. Doyles presentation, he never received any notices in 2004. The first notice he received regarding the Countys concern for the property was December 4, 2017. He indicated there is a huge fine on the property which was not to his notice. Mr. Quinn advised the property was actually forgotten about; but after he received the notice, he had some time to figure out what resources he had to do the corrective actions. He came up with selling the property to Vault Ventures, LLC, which is a company that buys houses that are in similar condition to Mr. Quinns property and rehabilitates them. Mr. Quinn stated the closing date is February 20th, and they are going to start pulling permits shortly thereafter. He noted County staff has done some temporary provisions as far as making the house safe.

Commissioner Carey asked if the buyer has indicated how long it will take them to do the rehabilitation. Mr. Quinn answered they did not provide a timeframe, but he can certainly get that information for the Board. He opined companies like Vault Ventures, LLC typically are in it for a profit and work as quickly as possible to flip a house. Commissioner Carey stated if they required corrective action by the end of May, that would give them 30 days to get their permits pulled and 90 days to do the work.

Mr. Quinn pointed out the fine is just south of $600,000, which is extensive because the property isnt worth a quarter of that. He proposed that the Board remove the fines or lessen them due to the fact that the property will be rehabilitated. Chairman Horan explained that is a different process and they have gone past that where they are actually declaring it a nuisance, so that cant be addressed in this process. Mr. Quinn asked who he addresses that issue with; and Ms. Guillet explained there is a process for pursuing a reduction of fine, but the Countys policy is not to consider fine reductions until the property is in compliance.

Commissioner Henley asked if the buyer is aware of the circumstances that may occur here today, and Mr. Quinn answered yes. The Commissioner asked if action by the Board would prevent Mr. Quinn from closing on the 20th of February, and Mr. Quinn indicated it would not. Commissioner Henley asked what guarantee Mr. Quinn has that the buyer is going to want to rehabilitate the property. Mr. Quinn stated he doesnt have a guarantee. Commissioner Henley stated if the Board passes staffs recommendation and he closes on the 20th, that would relieve Mr. Quinn of any responsibility and then the Board would have to deal with the new owners. Ms. Porter-Carlton commented that is correct and they would have to give notice to the new owner. Commissioner Dallari stated that is contingent on their closing. Commissioner Carey commented when the title work comes back and the lien shows up for $600,000, odds are they are not closing because the value of the house isnt anywhere near that. Chairman Horan confirmed with Mr. Quinn that the buyer is aware of the lien. Upon the request of Chairman Horan, Mr. Quinn submitted his Contract for Sale and Purchase with Vault Ventures, LLC. (received and filed).

Mr. Chipok indicated under Chapter 162, Code Enforcement Liens, when they file a lien against a property for Code Enforcement corrective action, the lien goes against the person individually and against their property even if he sells the property. The nature of the lien as the statute is written says it runs against the person, the property, and any other property that the person owns within the county. So even if he sells the property, the lien could still be attaching to other properties that he owns in the county. Ms. Porter-Carlton stated the reason she gave her response was because she understood Commissioner Henleys question to be if the Board took the action that staff is recommending today about declaring it a nuisance; she was not addressing the Code Enforcement fine. The Code Enforcement lien would attach to the property or any other property that Mr. Quinn owns. She interpreted Commissioner Henleys question to relate to the action at hand here today, the staff recommendation. Chairman Horan clarified the lien stays with the property and also follows the individual.

Commissioner Carey confirmed with Ms. Porter-Carlton if Mr. Quinn sells this property and the lien is not paid, the lien will also attach to any other property that he owns in the county. Ms. Porter-Carlton indicated it would have attached already. It would have attached at the moment that the CEB lien was recorded in the public records. Commissioner Carey stated if the lien is not resolved as part of closing, it is going to attach to whatever other properties Mr. Quinn owns. Mr. Quinn asked if he has property A, B, and C, is the lien collectively on all three properties or is it that if he sells property A, it goes away from A and just attaches to B and C. Ms. Guillet replied it is still attached to A. Ms. Porter-Carlton noted it is attached to all of the properties.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #23 and public input was closed.

Motion by Commissioner Henley, seconded by Commissioner Constantine, to adopt appropriate Resolution #2018-R-16 issuing an Order to declare the existence of a Public Nuisance at 96 Spring Street, Altamonte Springs, Parcel #12-21-29-5BD-1100-0030; to require corrective action by March 24, 2018; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owners, as described in the proof of publication.

Commissioner Dallari asked if Commissioner Henley wants to give more time since the property is supposedly changing hands February 20th. Commissioner Henley stated he has no objection if Commissioner Dallari has a specific time. Commissioner Dallari suggested April 24th.

Commissioner Henley amended the motion to require corrective action by April 24th. Commissioner Constantine agreed to the amendment.

Districts 1, 2, 3, 4 and 5 voted AYE.

CREEK ROAD RIGHT-OF-WAY VACATE/

MPV SBR SANFORD, LLC

 

Agenda Item #25 2018-0477

 

Proof of publication calling for a public hearing to consider adoption of a Resolution vacating and abandoning an uncut portion of a public right-of-way known as Creek Road, as recorded in Plat Book 1, Page 86, in the Public Records of Seminole County, for property located on the south side of SR 46, approximately 300 feet west of Central Park Drive, MPV SBR Sanford, LLC, received and filed.

Matt Davidson, Planning & Development, addressed the Board and presented the item as outlined in the Agenda Memorandum. Mr. Davidson pointed out the request complies with the requirements for vacating a right-of-way under Section 35.184 of the LDC and noted staff recommends approval.

Randy Morris, RM Strategies, Inc., 323 West Trotters Drive, addressed the Board and stated this is a future annexation into the city of Sanford and he has briefly talked to the district Commissioner. He noted this is on the south side of SR 46 and agrees with the recommendations that were made to the Board.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #25 and public input was closed.

Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2018-R-17 vacating and abandoning an uncut portion of a public right-of-way known as Creek Road, as recorded in Plat Book 1, Page 86, in the Public Records of Seminole County, for property located on the south side of SR 46, approximately 300 feet west of Central Park Drive, as described in the proof of publication; MVP SBR Sanford, LLC, Applicant.

Districts 1, 2, 3, 4 and 5 voted AYE.

WATER SUPPLY FACILITIES WORK PLAN PROPOSED AMENDMENTS

TO THE TEXT OF THE SEMINOLE COUNTY COMPREHENSIVE PLAN

Agenda Item #24 2018-0515

Proof of publication calling for a public hearing to consider adoption of proposed amendments to the text of the Potable Water, Conservation, and Capital Improvement Elements of the Seminole County Comprehensive Plan to implement the 2017 10-Year Water Supply Facilities Work Plan, received and filed.

Bill Wharton, Planning & Development, addressed the Board and presented the Item as outlined in the Agenda Memorandum. He stated at the November 14th meeting when the Board approved the transmittal, there was a lot of good citizen input regarding the issue. A lot of that discussion dealt with the process and the programs the county has, but the implementation of the policies themselves didnt address changing any of the policies. Because there were no objections from any of the reviewing agencies, there are no changes to the Plan or the Work Program that the Board saw in November. Staff requests that the Board approve and adopt the proposed amendments.

Gabrielle Milch, 252 Coble Drive, addressed the Board and stated she is very appreciative of all of the considerations that staff has given to the citizens who are concerned about water conservation in the county. She would like to think they can develop more sustainable solutions that will help the countys water and energy in the future. She discussed the rate structure and indicated she would like to see that changed in the near future. She asked if the Soil and Water Conservation Board is made up of elected officials, and the Board responded in the affirmative. Ms. Milch asked why they arent involved in any of this, and Chairman Horan explained the Soil and Water Conservation Board is a State-created agency. The County doesnt fund them. They are supposed to be funded by the State but nobody funds them, and that is why a lot of times they are not as involved as they would like to be.

Speaker Request Form was received and filed.

Commissioner Constantine stated at the last meeting the Board asked Ms. Milch to work with staff and he was hoping that would be a continuing thing which includes discussions regarding the rate structure because it is a smart idea for those that are conserving water to be rewarded and those that are using too much water to pay a penalty. He would like to see them continue to work together and potentially bring back a recommendation on that rate structure. Commissioner Carey stated bonds and things like that all come into play when they start looking at that, so it makes it a little more complicated. They have talked about looking at landscape requirements in the LDC and they made some minor changes, but she would like staff to take a serious look at that because the County requires people to plant lush landscaping that has to be watered in order for it to look good. She stated they need to help be part of the solution by taking a closer look at the LDC requirements and get down to a Florida-friendly landscape code instead of the lush landscape. Ms. Guillet stated staff will take a look. They do require Florida-friendly plantings, but they will go back and see if there are some things they can work on; and they can work with Ms. Milch on that.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance #2018-4 amending the text of the Potable Water, Conservation, and Capital Improvement Elements of the Seminole County Comprehensive Plan to implement the 2017 10-Year Water Supply Facilities Work Plan, as described in the proof of publication.

Districts 1, 2, 3, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

Meloney Lung, Assistant County Manager, addressed the Board to present the Legislative Update. She stated as of this morning, there were over 3,000 bills filed and 1,300 of those were appropriation requests. The Countys two requests are in. She advised HB 2641 is the CAD appropriation request that was filed by Representative Jason Brodeur, and it passed in the Government Operations and Technology Appropriation Subcommittee in December. Senator David Simmons is supporting that. The DJJ appropriation request is HB 2839, and that was filed by Representative Robert Cortez. It is now in the Judiciary Committee and may be heard as early as this Thursday.

Ms. Lung indicated late Friday she learned there may be some additional funding available for some type of fire projects. She quickly contacted Senator Simmons office who sent her forms and she completed two of them. One form was for a $4 million request for Fire Station #39 at Yankee Lake for design and construction, and the second form was for a $1.5 million request for a tower truck. She confirmed with Senator Simmons office that they have both forms and she will keep the Board informed if it goes anywhere.

Ms. Lung stated their first priority this year was to oppose any legislation that might affect home rule, and there are many bills that are trying to do that from transparency requirements to restricting local governments. She is following those and working with the Countys lobbyist. Representative Cortez is on the Select Committee on Hurricane Response and Preparedness, and he has been very vocal on asking to have utilities restored to the nursing homes and ALFs and so forth as a priority, which seems to be moving forward.

In regard to Constitutional Revision Commission Proposal 95, Ms. Lung explained that is another sweeping constitutional preemption to local governments. Some of the specific areas of concern would be for zoning, animal control, tree protection, traffic flows, human rights ordinances, pill mill ordinances, and many others. It is very broad. She will be working with FAC on that and with the Board if they have any comments. She isnt sure how many of those will go forward, but this one will be heard this Friday in the Local Government Committee.

Commissioner Constantine stated Representative Cortez is trying to waive impact fees for affordable housing. He opined that is a concern not only for the County but statewide. That is another issue they need to follow and make Representative Cortez aware of because that would be an extreme violation of home rule. Ms. Lung agreed and indicated somebody had talked to their lobbyist and they are trying to get him to agree to the word may, so it may be waived. Commissioner Constantine noted they can do that now. It wouldnt give the County the ability, it would tell them they had to. Ms. Lung assured she has been talking with their lobbyist in regard to that, and her understanding is he has spoken to Representative Cortez.

Commissioner Henley asked if Ms. Lung has seen the bill that has been filed dealing with payday loan regulations. Ms. Lung answered she doesnt recall that one. Commissioner Henley explained in 2000, the Board adopted regulations to regulate payday loans with a maximum of 18% interest because at that time they had examples of people who were paying 300% interest. The Board had an ordinance drawn up, and there were many people opposing the Board adopting those regulations, but the Board did it anyway. A year or so after that, the State adopted some regulations and that bill is being messed with, so he would like staff to look at that and see what changes are being proposed and instruct their lobbyist to oppose it because the County needs to protect their citizens. Commissioner Henley suggested if they are going to lessen or weaken that bill, the County ought to address it. Ms. Lung replied she would be happy to.

Commissioner Constantine pointed out that that bill has not been touched for 17 years. That bill gave the borrower 30 days to repay, it had a loan limit of $500, the borrower had to go into consumer counseling, there was no rollovers, and there was actually a database, all of which has become the model for the rest of the United States. What they are trying to do right now is very problematic. They are trying to extend repayment from 30 days to 90 days, give the borrower the ability to pay over a course of time so its essentially putting rollovers back in, the limit is going from $500 to $1,000 so it is drawing the borrower in to owe more, and all of those things are unfortunately being supported by the industry that blossomed over the last 17 years using the particular payday loan. He opined you have to have the restrictions so you dont have the 2,000% interest as you compound it. Commissioner Constantine stated hopefully it is not going to go anywhere but it is still something the Board should be concerned about because it affects their citizens.

Ms. Guillet stated staff will monitor and brief each of the Commissioners with the specifics of the bill and alert their lobbyist of their concerns.

Chairman Horan stated he sent around a proposal that went in front of the Constitutional Revision Commission. There are a number of different proposals that have been made that challenge the powers of the governing body of local government. He noted FAC is following them quite closely. Because the process is only done once every 20 years, they dont have experience with what may happen; and just like the Legislature, they probably wont know until the last minute so its hard to determine. Chairman Horan added that several of those bills that are particularly problematic that deal with Constitutional Officers relationships with local governments have made it through several committees, so at the present time its not looking all that good with regard to local government and the powers of the governing bodies. Commissioner Constantine opined they might want to just see it pass and go before the people for them to say that they prefer local government. He explained on every survey, local government gets higher recognition and people feel more comfortable with local government than they do with State and Federal government. Chairman Horan stated what is strange about the Constitutional Officer situation is that its local government against local government. Commissioner Constantine advised he is referring to HB 95 that is going against local government. Chairman Horan opined virtually anything that a local governing body would do might have an effect outside the territorial limits of the County, so he doesnt know how something like that would be implemented. He confirmed with Ms. Lung that there is going to be a hearing on it Friday. Chairman Horan noted that bill is being proposed by Senator Tom Lee.

DISTRICT REPORTS

District 1

Motion by Commissioner Dallari, seconded by Commissioner Carey, to reappoint Tim Slattery to the Oviedo CRA for a two-year term beginning March 2018; David Axel to the Oviedo CRA for a two-year term beginning March 2018; and appoint Taylor Pancake to the SCOPA Board for an unexpired term through January 1, 2021; and adopt appropriate Resolution #2018-R-18 of appreciation to Thomas Kuhn for serving on the SCOPA Board since 2004.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Commissioner Dallari stated he spoke recently about traffic-calming devices in and around the County, and he has not received an update from staff on that topic. He would like to get an update in the near future.

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Commissioner Dallari announced he will not be present at the February 13th BCC meeting. He will be in Washington, D.C. for the National MPO meeting. He asked the Board if there was anything they would like for him to address with their federal lobbyists. Commissioner Carey requested that he talk to them about Beyond the Ultimate funding for I-4, and Commissioner Constantine suggested funding for the next phase of SunRail.

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Commissioner Dallaris ex parte communication was received and filed.

District 3

Commissioner Constantine stated he was at the Central Florida MPO Alliance with Chairman Horan, and they talked about a _%_DOT study concerning the rest stops. He announced there will be a hearing on _%_February 23rd at their headquarters at _%_South _%_Semoran from 10:00 a.m. to 12:00 _NR1_p.m. with _NS3_stakeholders. _%_He believes _N1__N1__N1__N2_they are _N2_starting _N1_to _N1_make _N1_at _N1_least _N1_some prog_N1_ress on what they need when it comes to truck stops/rest areas in all of the _%_Central _%_Florida area, and hopefully that would mean that _%_S_N1_eminole _%_Co_N1_unty's will be eliminated. Commissioner Carey asked if he will be attending that meeting, and Commissioner Constantine answered he hadnt planned on it but he knows the countys citizens are going to be there.

Commissioner Carey discussed a community who has a beltway being built in an effort to get big trucks to go around instead of through the heart of their town. They had some discounted tolls or toll abatement for the trucks and they were able to go to the exterior perimeters and build facilities for them because they are in a relatively undeveloped area. She encouraged that idea to be something MetroPlan considers or at least talks about because she believes truckers use I-4 instead of the toll roads to avoid paying tolls. Commissioner Dallari indicated he would bring that issue up as well.

Commissioner Constantine stated Volusia County, who did not want truck stop areas, has just approved something near the LPGA Boulevard called Buc-ees. It has 100 gas outlets and is kind of like a South of the Border stop, but they are not allowing trucks. Chairman Horan pointed out this is a facility that is being developed as a mega rest stop in a County that didnt want a rest stop. Commissioner Carey indicated it is in the city of Daytona Beach.

Regarding the meeting on the 23rd, Commissioner Constantine stated he hasnt thought that far in advance but it probably would be good for someone to be there; and Chairman Horan indicated he has it on his calendar.

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Motion by Commissioner Constantine, seconded by Commissioner Carey, to appoint Jeffrey Wines to the Contractor Examiners Board to a one-year term ending January 2019; and adopt appropriate Resolution #2018-R-19 thanking Dan Shaw for his service on the Contractor Examiners Board.

Districts 1, 2, 3, 4 and 5 voted AYE.

District 5

Commissioner Carey announced the Seminole State College Lake Mary/Sanford Campus Student Center Dedication Ceremony took place last Friday and it went very well. It was great to see that the students finally have a good place to get assistance at the college.

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Commissioner Carey brought up a piece of property that has come to her attention. It is a 30-acre parcel on the borders of Seminole and Orange County, bisected by the Little Econ. She opined it is a fabulous piece of property with a lot of history, and she has a report about it in her office and so does the County Manager. Commissioner Carey stated she has been approached to ask if there is any way that the County would have an interest in helping the region acquire it. Orange County is looking at trying to acquire it with some State funding, and they are now going to the Legislature to try to get some additional funding allocated so that they can afford to acquire and preserve it. The Little Econ is a very important part of the countys water supply and water quality issues, so if the Board would like to see the parcel, she is sure they could set up a tour. Commissioner Carey believes staff has already been out there, and its clearly a piece of property that is worth preserving. Because of the way their rules are structured, its not something that the County can invest their money into; but it would definitely be something that many of the residents of the county would enjoy.

She indicated she would like the Board to pass a resolution of support or have the Chairman write a letter of support for their legislators to try to help find some funding to make that happen between the State and Orange County. Commissioner Dallari stated he thinks a letter would be appropriate. Commissioner Henley indicated he would support a letter in regard to that.

Chairman Horan stated by unanimous consent, they will get a letter ready for his signature. Commissioner Carey advised that Ms. Guillet has the report, so she can craft the detailed benefits of it from all of the information in the report that really lays it all out as to why this is an important piece to preserve. Commissioner Constantine suggested in the letter that they make both the DEP and the ARC (Acquisition and Restoration Council) Committee of Florida Forever aware of this property to get it potentially on the list. For the first time in a long time, it looks like the Legislature is going to pass money in the Florida Forever program, over $100 million. There is a backlog but the first part is to get it on the list. Commissioner Carey stated any agency willing to co-fund it should be copied on the letter of support.

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Commissioner Careys ex parte communication was received and filed.

District 4

Commissioner Henley stated at the Seminole County Port Authority (SCOPA) Board meeting, Chairman Mike McLean was not reappointed; therefore, it created an opening. They elected new officers for 2017/2018 as follows: Matthew Criswell, chairman; Cliff Miller, vice chairman; Dana McBroom, treasurer; and Michael Caraway, secretary. He noted SCOPA received a clean report from their auditor and discussed Phase 1 of SCOPAs drainage project, which they expect to be completed in early March.

Commissioner Henley advised Mr. Van Gaale, SCOPA Administrator, reported he was returning home from a charity golf event when he was rear-ended in a SCOPA vehicle. He was checked out and had no ill effects from the accident. He reported he had to have the car towed to SCOPAs storage, and its in the hands of the two insurance companies.

Commissioner Henley added things are moving along pretty well at the port and the work that has been done thus far on the drainage project has certainly been helpful, so he is looking forward to being able to complete Phase 1 and move on to Phase 2. Commissioner Carey stated they had a community meeting with the people surrounding the port and nobody could do anything because the water was so high and thats why the port project was stopped. She asked that staff follow up on what the next steps are so they can let the folks out there know. Chairman Horan asked who did the drainage work, and Commissioner Carey answered CPH, Inc.

District 2

Chairman Horan announced they had another fabulous Scottish Highlands Games in Winter Springs this year. He had an opportunity to speak with the manager of the Hilton Hotel and the manager of the Lake Mary Marriott. Between the womens field hockey and the Scottish Highlands Games, there was not a hotel room to be had in Seminole County.

CHAIRMANS REPORT

Chairman Horan stated as part of the study that Commissioner Constantine referenced, they have done an inventory of the designated parking spaces in DOT District 5. There are 1,940 designated truck spaces. The problem is where are they and what highways are they on. There is a rest area in Polk County that always has spots open primarily because there is a facility not too far away on a collector road that feeds into I-4, so that is where all the truckers are. He explained the particular rest stop in Seminole County is overburdened because of its location, and they really need something that is closer to Orlando. Commissioner Constantine noted out of the 1,940, almost 1,300 are privately owned. Chairman Horan advised that all of the reports that were given at the Central Florida Alliance meeting are available online.

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Chairman Horan discussed the BCC meeting schedule for this year. He reminded that the Board commonly has one meeting in July, one meeting in November and one meeting in December. He suggested that they modify their October schedule because they have two commissioners who may not be able to attend one of the meetings in October. Discussion ensued regarding modifying the BCC meeting schedule. The Board decided not to modify the October meeting schedule at this time. Chairman Horan announced the July BCC meeting will be on the 24th, the November meeting will be on the 13th, and the December meeting will be on the 11th.

COMMUNICATIONS AND/OR REPORTS

The following Communications and/or Reports were received and filed:

1. Memorandum dated January 16, 2018, from Chairman Horan to Joe Abel, Leisure Services Director, advising that Commissioner Constantine will continue to serve as the liaison representative to the Seminole County Historical Commission. Chairman Horan will serve as the alternate representative.

 

2. Memorandum dated January 16, 2018, from Chairman Horan to Bill Telkamp, Risk Manager, advising that Commissioners Robert Dallari and Lee Constantine and the Chairman will serve as the liaison representatives to the Seminole County Risk Management Executive Council. Commissioner Brenda Carey will serve as the alternate representative.

 

3. Letter dated January 16, 2018, from Chairman Horan to Pam Nabors, President and CEO, advising that the Seminole County Board of County Commissioners nominated David Sprinkle to a Private Sector Seat and Dr. John Gyllin to a Public Seat on the CareerSource Central Florida Board of Directors.

 

4. Letter dated January 16, 2018, from Chairman Horan to Harry Barley, Executive Director, advising that Commissioners Robert Dallari and Lee Constantine will continue to serve as the liaison representatives to the MetroPlan Orlando Board. Chairman Horan will serve as the alternate representative.

 

5. Letter dated January 16, 2018, from Chairman Horan to Mark Reyes informing him of his reappointment to the Law Library Fred R. Wilson Memorial Board of Trustees for a 3-year term ending January 1, 2021.

 

6. Letter dated January 16, 2018, from Chairman Horan to Bill Young informing him of his reappointment to the Seminole County Contactor Examiners Board for a 1-year term ending January 1, 2019.

 

7. Letter dated January 16, 2018, from Chairman Horan to Pam Nabors, President and CEO, advising that Commissioner Lee Constantine will continue to serve as the liaison representative to the CareerSource Central Florida Board. Chairman Horan will continue to serve as the alternate representative.

 

8. Letter dated January 16, 2018, from Chairman Horan to Mayor Jeff Triplett, City of Sanford, informing him of his reappointment to the Seminole County Tourism Development Council.

 

9. Letter dated January 16, 2018, from Chairman Horan to Glenda Ross, Facilities Planning/Operations, Seminole County Public Schools, advising that the Chairman will continue to serve as the liaison to the Public Schools Facilities Advisory Board.

 

10. Letter dated January 16, 2018, from Chairman Horan to Mayor Buddy Dyer, Chairman, advising that Commissioner Robert Dallari will continue to serve as the liaison representative to the Congress of Regional Leaders Board. Chairman Horan will continue to serve as the alternate representative.

 

11. Letter dated January 16, 2018, from Chairman Horan to Deputy Chief Tom Barry, Chairman, advising that the Chairman will continue serve as the liaison to the Juvenile Justice Board. Commissioner Lee Constantine will serve as the alternate representative.

 

12. Letter dated January 16, 2018, from Chairman Horan to Dawn Kraus, President, advising that Commissioner Lee Constantine will continue to serve as liaison representative to Leadership Seminole Board. Chairman Horan will continue to serve as the alternate representative.

 

13. Letter dated January 16, 2018, from Chairman Horan to Edward Johnson, CEO, advising that Commissioner Lee Constantine will continue to serve as the liaison representative to Central Florida Regional Transportation Authority (LYNX) Board. Chairman Horan will continue to serve as the alternate representative.

 

14. Letter dated January 16, 2018, from Chairman Horan to Barbara Balfour, City Clerk, City of Oviedo, advising that the Chairman will continue to serve as the liaison representative to the Mayors and Managers Board. Commissioner Lee Constantine will serve as the alternate representative.

 

15. Letter dated January 16, 2018, from Chairman Horan to Tim Giuliani, President and CEO, advising that the Chairman will continue to serve as the liaison representative to the Orlando Economic Partnership. Commissioner Robert Dallari will serve as the alternate representative.

 

16. Letter dated January 16, 2018, from Chairman Horan to Tricia Setzer, advising that Commissioner Carlton Henley will continue to serve as the liaison representative to the Seminole County Tourism Development Council. Chairman Horan will continue to serve as the alternate representative.

 

17. Letter dated January 16, 2018, from Chairman Horan to Traci Houchin, Deputy City Clerk, City of Sanford, advising that Commissioner Lee Constantine will continue to serve as the liaison representative to CALNO. Commissioner Robert Dallari will continue to serve as the alternate representative.

 

18. Letter dated January 16, 2018, from Chairman Horan to Dino Ferri, CEO, advising that Commissioner Lee Constantine will continue to serve as the liaison representative to Central Florida Zoological Park. Chairman Horan will continue to serve as the alternate representative.

 

19. Letter dated January 16, 2018, from Chairman Horan to Captain Jennifer Jenkins, advising that Commissioner Brenda Carey will continue to serve as the liaison representative to Seminole Community Alliance Board. Olivette Carter, Acting Director of Community Services, will serve as the alternate representative.

 

20. Letter dated January 16, 2018, from Chairman Horan to Nicola Liquori, SunRail Chief Executive Officer, advising that Commissioner Robert Dallari will continue to serve as the liaison representative to the Central Florida Commuter Rail Commission. Commissioner Lee Constantine will continue to serve as the alternate representative.

 

21. Letter dated January 16, 2018, from Chairman Horan to Hugh Harling, Executive Director, advising that Commissioner Lee Constantine and Chairman Horan will continue to serve as the liaison representatives to the East Central Florida Regional Planning Council. Commissioner Brenda Carey will continue to serve as the alternate representative.

 

22. Letter dated January 16, 2018, from Chairman Horan to Diane Crews, President, advising that Commissioner Brenda Carey will continue to serve as the liaison representative to the Orlando-Sanford International Airport Authority. Commissioner Robert Dallari will continue to serve as the alternate representative.

 

23. Letter dated January 16, 2018, from Chairman Horan to Andrew VanGaale, Executive Director, advising that Commissioner Carlton Henley will continue to serve as the liaison representative to the Seminole County Port Authority (SCOPA). Commissioner Lee Constantine will continue to serve as the alternate representative.

 

24. Letter dated January 16, 2018, from Chairman Horan to Tracy Turk, Senior Director, advising that Commissioner Robert Dallari will continue to serve as the liaison representative to the South Seminole Industrial Development Authority (SCIDA). Commissioner Lee Constantine will continue to serve as the alternate representative.

 

25. Letter dated January 16, 2018, from Chairman Horan to Flora Maria Garcia, CEO, advising that Commissioner Lee Constantine will continue to serve as the liaison representative to the United Arts of Central Florida Board. Commissioner Robert Dallari will continue to serve as the alternate representative.

 

26. Letter dated January 16, 2018, from Chairman Horan to Grant Maloy, Clerk of Court, advising that Commissioners Carlton Henley and Brenda Carey will continue to serve as the liaison representatives to the Seminole County Value Adjustment Board (VAB). Commissioner Lee Constantine will continue to serve as the alternate representative.

 

27. Letter dated January 16, 2018, from Chairman Horan to Chief Sharon Bryan advising that Commissioner Robert Dallari will continue to serve as the liaison representative to the Seminole County Public Safety Coordinating Council. Chairman Horan will continue to serve as the alternate representative.

 

28. Letter dated January 16, 2018, from Chairman Horan to Margaret Wells informing her of her reappointment to the Seminole County Library Advisory Board.

 

29. Letter dated December 22, 2017, from Cindy Dick, Interim Division Director, Emergency Preparedness and Community Support, Florida Department of Health, to Chairman Horan re: award the Emergency Medical Services (EMS) County Grant, ID Code C6057, in the amount of $82,919 to Seminole County.

 

30. Letter dated January 3, 2018, from Jason Brodeur, President and CEO, Seminole County Regional Chamber of Commerce, to Chairman Horan re: request for nomination of David Sprinkle to serve in the Business Seminole County seat on the CareerSource Central Florida Board of Directors.

 

31. Letter dated January 5, 2018, from Dr. E. Ann McGee to Chairman Horan re: request for nomination of Dr. John Gyllin to serve in the public seat representing Education and Training Provider on the CareerSource Central Florida Board of Directors.

 

32. Letter dated January 8, 2018, from Chairman Horan to Andrew Campanella, President, National School Choice Week, re: congratulating the organization for their work to raise awareness about school choice options.

 

33. Letter dated January 9, 2018, from Hatem Aguib, Project Manager, FDOT District 5, to Property Owner re: public information meeting on January 30, 2018, from 5:30 p.m. to 7:30 p.m. at the Lakeside Fellowship United Methodist Church at 121 N. Henderson Lane, Sanford, regarding Wekiva Parkway Section 7B Design Project.

 

34. Letter dated January 9, 2018, from Pamela Nabors, President/CEO, CareerSource Central Florida, to Chairman Horan re: requesting David Sprinkle and Dr. John Gyllin be nominated to the CareerSource Central Florida Board of Directors.

 

35. Letter dated January 11, 2018, from Dionne Adams, Market Manager, Sams Club, to Chairman Horan re: closure of Club #8214, 355 Semoran Blvd., Fern Park.

 

36. Letter dated January 11, 2018, from Cynthia Porter, City Clerk, City of Sanford, to Board of County Commissioners re: Notice for Ordinance #4436, #4437, and #4438.

 

37. Copy of a letter dated January 12, 2018, from Julia Dennis, Director, Division of Community Development, Florida Department of Economic Opportunity, re: appreciation for the support extended to evacuees from Puerto Rico seeking refuge due to Hurricane Maria.

 

COUNTY ATTORNEYS REPORT

Ms. Porter-Carlton stated due to the work session following this meeting, she will forgo her report and send it to the Board as a memo.

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Clerk Maloy gave an update regarding the Domestic Violence Service Center. He distributed an invitation (received and filed) to the Board inviting them to the ribbon-cutting ceremony on February 21. Clerk Maloy stated the Juvenile Justice carpet was replaced over the weekend and it looks great.

Clerk Maloy introduced Brent Holladay, Chief Deputy. Mr. Holladay has 23 years experience from the Lake County Clerks Office. He was the CIO and oversaw court operations, so he will be troubleshooting a lot of things for the Clerks Office.

Commissioner Carey expressed she appreciates the collaboration and working out the right location for SafeHouse and for the victims of domestic violence. Clerk Maloy gave his appreciation to Tim Marcopulos, Public Works, and his staff for doing a great job.

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Chairman Horan announced there is a work session regarding the SR 46 PD&E Study beginning at 3:30 p.m.

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Chairman Horan stated he just handed out a sheet that he asked David Johnson, Property Appraiser, to prepare (received and filed). He indicated the sheet shows the effect of the additional homestead exemption and breaks it down based upon cities, special taxing districts, the General Fund, Fire Fund, et cetera. He thought it might be useful to the Board.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:21 p.m., this same date.

 

ATTEST:______________________Clerk_____________________Chairman

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