BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
June 26, 2018
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, June 26, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Lee Constantine (District 3)
Commissioner Robert Dallari (District 1)
Commissioner Brenda Carey (District 5)
Chief Deputy Clerk Brent Holladay
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Commissioner Carlton Henley (District 4)
Pastor Ward Hodges, Lighthouse Baptist Church, Sanford, gave the Invocation. Chairman Horan led the Pledge of Allegiance.
The Business Spotlight video for LifeBridge was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-0796
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2018-R-78 recognizing John Didonna as the Seminole Cultural Arts Council 2018 Artist of the Year.
Districts 1, 2, 3, and 5 voted AYE.
John Didonna, Program Chair and Artistic Director of Theater at Valencia College, addressed the Board to express his appreciation.
Chairman Horan announced that Commissioner Henley is under the weather and will not be attending today’s meeting.
Regarding Agenda Item #8
Lee Steinhauer, Government Affairs Director at the Greater Orlando Builders Association (GOBA), addressed the Board and stated he wanted to echo what was in the joint letter (copy not received and filed) from GOBA and the Apartment Association of Greater Orlando, which was provided to the Board last week, supporting the Building Department’s request for additional positions and additional resources. Mr. Steinhauer stated the homebuilding industry is in full support of the request and believes it is desperately needed. He urged the Board to support the request as well.
Speaker Request Form was received and filed.
Regarding Agenda Item #18
Phil Taylor, 344 Nebraska Avenue, addressed the Board and stated he is here to speak on behalf of the Rolling Hills Community County Park. Mr. Taylor reported they have been on this journey for four years. He appreciates the County’s diligence, patience, and activity in doing one of the great activities that the Board will long be remembered for in Seminole County. Mr. Taylor requested that someone explain what is being done today, and County Manager Nicole Guillet stated that the existing County budget does not have a line in it for the funding of the purchase of the Rolling Hills property. She noted they are hopeful they will be able to pursue a closing at the end of July. This money is being moved so it will be available at the time of closing. Item #18 is moving the money out of a reserve fund so that it is available when they move forward to close on the property.
Speaker Request Form was received and filed.
COUNTY MANAGER’S CONSENT AGENDA
Ms. Guillet announced that there is an add-on item, Item #10A, which is the acceptance of a Special Warranty Deed for a right-turn lane associated with Geneva Elementary School.
With regard to public participation, no one else in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize and approve the following:
Community Assistance Division
2. Approve and authorize the Chairman to execute the Memorandum of Understanding (MOU) between Central Florida Regional Workforce Development Board d/b/a CareerSource Central Florida and Seminole County to coordinate employment and training resources for both parties to assist residents move toward self-sufficiency. (2018-0785)
3. Approve and authorize the Chairman to execute an Agreement with the Homeless Services Network of Central Florida (HSN) for the Rapid Rehousing Program 2017-2018 with State Housing Initiatives Partnership (SHIP) funds in the amount of $36,548 to be used to provide rental assistance, financial assistance, and housing location services to homeless households in Seminole County. (2018-0792)
Community Development Division
4. Approve and authorize the Chairman to execute CDBG Cooperation Agreements with the cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Winter Springs for continued participation in the Community Development Block Grant (CDBG) Urban County Entitlement Program. (2018-0784)
5. Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51, for the month of May 2018. (2018-0786)
6. Approve and authorize the Chairman to execute the Community Development Block Grant (CDBG) Subrecipient Agreement (2016-2017) with Kids House of Seminole, Inc. in the amount of $18,940 to complete a public facility improvement activity to include the reconstruction of a clubhouse at the agency's site. (2018-0789)
Planning and Development Division
7. Approve the plat for the Goodson’s Grove Subdivision containing seven lots on 39.88 acres zoned A-5 (Rural Zoning Classification/Rural Subdivision Standards), located on the north side of Lake Harney Road, 1,000 feet west of Harney Heights Road; Larry Braddy, Applicant. (2018-0783)
8. Approve the creation of nine new positions, approve market-rate pay band reclassifications, and approve market-rate adjustments in the Building Division; and approve and authorize the Chairman to execute appropriate Resolution #2018-R-79 implementing Budget Amendment Request (BAR) #18-057 through the Building Fund in the amount of $297,651, to recognize revenues and to appropriate the budget. (2018-0797)
9. Approve and authorize the Chairman to execute a Purchase Agreement between George Gay and Damaris Claude, his wife, and Seminole County in the amount of $5,000 for property necessary for the Osceola Road Drainage Project. (2018-0763)
10. Adopt appropriate Resolution #2018-R-80 and authorize the Chairman to accept a Traffic Signal Pole Easement between Kimberly R. Palmer and Seminole County located along U.S. Highway 17-92 at State Road 417 on/off ramp. (2018-0775)
10A. Approve and authorize the Chairman to execute an acceptance of a Special Warranty Deed from The School Board of Seminole County to Seminole County for acquisition of additional right-of-way for the construction and maintenance of a right-turn lane and sidewalk on East Main Street in conjunction with Geneva Elementary School. (2018-0802)
Traffic Engineering Division
11. Approve and authorize the Chairman to accept a Speed Cushion Pilot Project Program/Funding for various locations throughout the County in the amount of $72,000. (2018-0788)
Budget & Fiscal Management
12. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-81 implementing Budget Amendment Request (BAR) #18-049 through the 2001 Infrastructure Sales Tax Fund in the amount of $195,000 from Project Contingency to provide additional funding for the SR 46 Gateway Sidewalk Project. (2018-0800)
13. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-82 implementing Budget Amendment Request (BAR) #18-056 through the General Fund to increase the budget for the Medicaid payment to the State of Florida and for the Health Care Responsibility Act (HCRA) in the amount of $96,466. (2018-0754)
14. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-83 implementing Budget Amendment Request (BAR) #18-061 through the 1991 Infrastructure Sales Tax Fund in the amount of $195,000 from Project Contingency to provide additional funding for the Cumberland Farms Remediation Project. (2018-0771)
15. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-84 implementing Budget Amendment Request (BAR) #18-062 through the 2001 Infrastructure Sales Tax Fund in the amount of $72,000 from Project Contingency to establish funding for the Speed Cushion Pilot Project. (2018-0773)
16. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-85 implementing Budget Amendment Request (BAR) #18-064 through the Disaster Preparedness Fund in the amount of $114,611 to establish funding for the FY 2018/2019 Emergency Management Performance Grant (EMPG); and authorize the Chairman to accept and execute a grant agreement with the Florida Division of Emergency Management that will be forthcoming. (2018-0795)
17. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-86 implementing Budget Amendment Request (BAR) #18-065 through the General Fund in the amount of $277,117 to increase the Clerk of the Circuit Court Transfer for Information Technology services. (2018-0801)
18. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-87 implementing Budget Amendment Request (BAR) #18-066 through the General Fund for the purchase of the Rolling Hills property and associated closing costs in the amount of $3,975,000. (2018-0798)
19. Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (Matthew) in the amount of $83,398 for the Public Works Administration Building Wind Retrofit Project. (2018-0776)
20. Approve submittal of applications to the Florida Division of Emergency Management, Federal Emergency Management Agency (FEMA), through the Hazard Mitigation Grant Program (HMGP) requesting up to $20,754,539 for funding one Emergency Management project and 11 Public Works flood-drainage projects throughout the County; and authorize the County Manager to execute all documents associated with the grant applications. The County will be responsible for 25% matching funds that will come from the 2014 Infrastructure Sales Tax Fund. (2018-0781)
21. Approve and authorize the Chairman to execute the Notice of Grant and Agreement Award with the United States Department of Agriculture Natural Resources Conservation Service (NRCS) in the amount of $2,114,350 for cleanup of Seminole County waterway damage caused by Hurricane Irma. (2018-0782)
Purchasing & Contracts Division
22. Approve Amendment #3 to M-1243-17/AEJ, Architectural/ Engineering Services for Fire Station 29 Repackage Design, with C.T. Hsu and Associates of Orlando, in the amount of $14,409; extend the completion time to November 30, 2018; and authorize the Purchasing & Contracts Division to execute the Amendment. (2018-0780)
Districts 1, 2, 3, and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the following:
23. Approve Expenditure Approval Lists dated May 21, 29, and June 4, 2018; Payroll Approval Lists dated May 17 and 31, 2018; and the BCC Official Minutes dated May 22, 2018. (2018-0787)
Districts 1, 2, 3, and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Intergovernmental Cooperative Agreement for the City of Lake Mary, the City of Longwood, the City of Oviedo, and the Seminole County Port Authority (SCOPA), as amended and restated through 4/27/18, for providing Insurance through Public Risk Management of Florida Health Trust.
2. Fully executed Florida Department of State Agreement for Supervisor of Elections Activities Funds (HAVA Funds).
3. First Amendment to the Subrecipient Agreement with Hope Helps, Inc. for Program Year 2015/2016; as approved by the BCC on 4/25/17, under the submission of the Substantial Amendment to the 2015/2016 and 2016/2017 One-Year Action Plans to HUD.
4. ESG Subrecipient Agreement with Rescue Outreach Mission of Central Florida, Inc. for Program Year 2017/2018; as approved by the BCC on 7/25/17 under the 2017/2018 One-Year Action Plan.
5. CSBG Training Provider Agreement with Seminole State College of Florida for Program Year 2018/2019; the CSBG Modification Agreement was approved by the BCC on 12/12/17 and this training agreement falls under this category of funding.
6. Tourist Tax Funding Agreement with Florida Rush Soccer Club for the Champions Cup.
7. Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC for the Fastpitch Elite Select Softball Tournament.
8. Tourist Tax Funding Agreement with D9Events for the Power 32 Softball Showcase.
9. Tourist Tax Funding Agreement with A-Game Travel Baseball, Inc. for the Boombah Summer Series 1.
10. Tourist Tax Funding Agreement with Perfect Game Youth Florida, Inc. for the Tucci Lumber Wood Bat Challenge.
11. Tourist Tax Funding Agreement with Prospect Wire, Inc. for the Florida State Championship.
12. Tourist Tax Funding Agreement with Prospect Wire, Inc. for the Southeast Championship.
13. Parks Contract for Services with Jonathan Jacques, John Jones, and Rebecca Ransom.
14. Associate Tennis Pro Agreement with Brittany Ann Wheatley.
15. Tennis Developmental Instructor Agreement with Madelyn Escudero and Marlon Menezes.
16. Maintenance Bond #54-222634 (Streets, Curbs, Storm Drains) in the amount of $4,381.74 for Danus Utilities, 2320 Beardall Avenue; McKee Construction Company, Inc.
17. Maintenance Bond #268011282 (Water and Sewer Facilities) in the amount of $8,800.45 for the project known as Brookmore Estates Phase 2; Pulte Home Company, LLC.
18. Maintenance Bond #0111956 with General Purpose Rider (Water and Sewer Facilities) in the amount of $34,887.89 for the project known as Lake Florence Preserve; K. Hovnanian at Lake Florence Preserve, LLC.
19. Maintenance Bond #60128109 (Streets, Curbs, Storm Drains) in the amount of $21,188.50 for the project known as Bay Meadow Farms; MI Homes of Orlando, LLC.
20. Maintenance Bond #B1237946 with Change Rider (Water and Sewer Facilities) in the amount of $7,727 for the project known as Vera Apartments; Morrow Construction Company, Inc.
21. Bill of Sale and Warranty Deed accepting Water and Sewer Systems for the project known as Lake Florence Preserve.
22. Bill of Sale accepting Water and Sewer Systems for the project known as Brookmore Estates Phase 2.
23. Bill of Sale accepting Off-Site Potable and Reclaimed Water and Sewer Systems for the project known as Vera Apartments.
24. Developers Commitment Agreement #18-20500006, Central Parc at Lake Howell Branch Plaza PD; JEN Florida 23, LLC.
25. Development Order #18-27500020 for Alcoholic Beverage License, Dollar General, 1980 E. McCulloch Road; Dolgencorp, LLC.
26. Development Order #18-27500021 for Alcoholic Beverage License, Tiger Loves Pizza, 4932 West SR 46; Julien Crozet.
27. Amended and Restated Educational System Impact Fee Rate Vesting Certificate for Somerset at Sanford Farms.
28. Amended and Restated Educational System Impact Fee Rate Vesting Certificate for Parkdale Place.
29. Amended and Restated Educational System Impact Fee Rate Vesting Certificate for Cameron Heights Villages E and F.
30. Amended and Restated Educational System Impact Fee Rate Vesting Certificate for Broadstone Forest; Hattaway.
31. Work Order #1 to PS-0592-16 with Metric Engineering, Inc.
32. Amendment #1 to Work Order #1 to PS-0121-15 with Singhofen & Associates.
33. Work Order #9 to RFP-0532-15 with Connect Consulting, Inc.
34. Closeout of Work Order #16 to CC-0559-15 with Southland Construction, Inc.
35. First Amendment to PS-0157-15 with S2L, Inc.
36. Amendment #1 to Work Order #1 to PS-0801-16 with Geosyntec Consultants, Inc.
37. Change Order #2 to Work Order #16 to CC-0559-15 with Southland Construction, Inc.
38. PS-1709-18 (4) Master Services Agreements with Geosyntec Consultants, Inc.; Wood Environment & Infrastructure Solutions, Inc.; E. Sciences, Inc.; and CDM Smith, Inc.; as approved by the BCC on 4/10/18.
39. Work Order #1 to PS-1299-17 with England-Thims & Miller, Inc.
40. Change Order #2 to CC-1453-17 with Blackstreet Enterprises.
41. Work Order #1 to PS-1529-17 with Albeck Gerken, Inc.
42. Work Order #6 to RFP-1294-17 with Pat Lynch Construction, LLC.
43. Work Order #3 to PS-1522-17 with Tierra, Inc.
44. Work Order #5 to RFP-1294-17 with Pat Lynch Construction, LLC.
45. Amendment #1 to Work Order #2 to PS-1473-17 with S2L, Inc.
46. Amendment #1 to Work Order #1 to PS-1522-17 with Tierra, Inc.
47. Closeout of CC-1342-17 with Corinthian Builders, Inc.
48. Amendment #1 to Work Order #86 to PS-4388-09 with HNTB Corporation.
49. Amendment #2 to Work Order #80 to PS-8148-12 with CDM Smith, Inc.
50. Work Order #87 to PS-8148-12 with CDM Smith, Inc.
51. Amendment #2 to Work Order #48 to PS-8148-12 with Atkins North America, Inc.
52. Amendment #1 to Work Order #59 to PS-8047-12 with Tierra, Inc.
53. Work Orders #85 and #86 to PS-8148-12 with CDM Smith, Inc.
54. Work Order #51 to PS-8186-13 with Atkins North America, Inc.
55. Work Orders #48, #50 and #52 to PS-8186-13 with Reiss Engineering, Inc.
56. Change Order #1 to Work Order #12 to CC-9184-13 with Affordable Development, a Division of Driveways, Inc.
57. Closeout of Work Order #28 to CC-9192-13 with Corinthian Builders, Inc.
58. IFB-603115-18 (2) Term Contracts with Metal Culverts, Inc. and Ferguson Waterworks, Inc.
59. First Amendment to RFP-602871-17 with Advanced Data Processing, Inc.
60. IFB-603102-18 (2) Term Contracts with Mayer Electric Supply Company, Inc. and Graybar Electric Company, Inc.
61. First Amendment to IFB-602212-15 (2) with Chinchor Electric, Inc. and Traffic Control Devices, Inc.
62. First Amendment to IFB-602396-15 with Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks.
63. First Amendment to RFP-602697-16 with Brightview Landscape Services, Inc.
64. Bids as follows:
BID-603107-18 from Chinchor Electric, Inc.; Waddington & Son Electric; Current Electrical Solutions, Inc.;
IFB-603118-18 from Advanced Fire Equipment; Borem Fire Protection;
RFP-603138-18 from Analytical & Diagnostic Services, LLC;
RFP-603036-18 from Hurley, Rogner, Miller, Cox & Waranch, P.A.; Conroy Simberg; Broussard, Cullen & Blastic, P.A.; Jones, Hurley & Hand, P.A.; MKRS Law, P.L. (Robert J. Rodriguez); Walton, Lantaff, Schroeder & Carson, LLP;
RFP-603113-18 from Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.; Dean, Ringers, Morgan & Lawton, P.A.; Fisher Rushmer, P.A.; Meier, Bonner, Muszynski, O’Dell & Harvey, P.A.; Pearson Bitman, LLP;
IFB-603115-18 from Ferguson Waterworks; Consolidated Pipe and Supply; Metal Culverts, Inc.;
IFB-603130-18 from Air Products and Chemicals, Inc.; Matheson Tri-Gas, Inc.; Airgas USA, LLC;
PS-1299-17 from CDM Smith, Inc.; England-Thims & Miller, Inc.; Keith & Schnars; Mehta and Associates, Inc.; Page One Consultants, Inc.;
CC-1719-18 from CTR III Enterprise, Inc. d/b/a Control Engineering Group;
RFP-603016-17 from Hitech Systems d/b/a Pulsiam; Motorola Solutions; Superion, LLC; Intergraph Corporation d/b/a Hexagon Safety & Infrastructure; TriTech Software Systems; MobileTec International, Inc.;
RFQ-603170-18 from Aabot Fence, LLC; Commercial Fence Contractors, Inc.;
PS-1566-17 from AECOM Technical Services, Inc.; Carollo Engineers, Inc.; Jacobs CH2M; and
CC-1934-18 from BSE Construction Group; Linton Enterprises, Inc.; Glen Holt Aluminum, LLC.
COUNTY MANAGER AND STAFF BRIEFINGS
Ms. Guillet reported on a follow-up item from a prior Board meeting and explained that Commissioner Dallari had asked that staff look into the opportunities that were presented by the BUILD grant, which is the former TIGER grant program for transportation improvements. She advised that they have reviewed the program and have talked with their federal lobbyist to try to get an understanding of what is involved in the application. It is an extremely involved application process and they would require assistance with the preparation of that application. They have gotten a quote of $50,000 for technical assistance. Ms. Guillet noted that the project they were considering pursuing to get some funding assistance on was the Oxford Road project. They thought they might be able to receive about $12 million. She added that this is an extremely competitive process and reiterated that there would be a cost of $50,000 to prepare the application. They then would have about a 10% chance of receiving funding and maybe even less than that. Ms. Guillet stated she understands from their folks in Washington that this year, at least, the federal government is focusing on rural projects as opposed to urban projects. If they were to do an urban project such as Oxford Road, they would have to do an 80% match and the chances of receiving funding would still be very slim. The consultants did suggest some other transportation grant programs the County might be more successful in and advised they would be willing to work with the County on those. Ms. Guillet indicated she just wanted to let the Board know what the cost would be to pursue that grant funding as well as the chances of getting funding through that. She stated that she is happy to answer any questions and requested some direction as to whether they should still move down that path or pursue some other opportunities.
Commissioner Dallari stated he does not think it is appropriate to move forward with the BUILD grant. Things are changing fast with the transportation bills up in Washington, and he wanted to make sure the County is taking every avenue possible. He does not think the risk and the reward are equal. The Commissioner advised that he does think they should be looking at other grants; but he wants to make sure that when they are looking at other grants, they are not just looking at them but also evaluating the risks versus the rewards. He wants to make sure they are looking at it from a financial standpoint as to how much money they need to put out based on the risk and the reward.
Chairman Horan stated they all appreciate the fact that Commissioner Dallari brought this up. He pointed out that Commissioner Dallari learns about these things because he is on the transportation committees and national boards. The Chairman stressed that they need to be pretty surgical about how they spend $50,000.
Commissioner Carey stated she does believe there are other grants, both federal and state, that the County could maybe pursue on some of the projects. All of those grants are very competitive. She suggested they look at some of the federal opportunities for transit and other things because it takes a few years to get into the queue on those. She thinks there are opportunities and pointed out that they do have people that represent the County and can identify what those are and what the odds are. She explained that there are also programs the federal government has and talked about the TIFIA loan that the Expressway used to build the last section of the expressway. There is a lot of competition, a lot to go through, and you have to have experts to help you. Commissioner Carey suggested that Ms. Guillet, after she gets the budget together, have staff put together a list of potential grants that could be pursued and what specific projects they would pursue them for. Then the Board could evaluate a risk/reward type analysis to see which ones should be pursued.
COUNTY INVESTMENT ADVISOR REPORT
Scott McIntyre, Managing Director and Senior Portfolio Manager for First Southwest Asset Management, addressed the Board to present his report. The Seminole County Strategy Review for June 2018 (copy received and filed) was displayed. Mr. McIntyre stated he wanted to talk first about performance and give the Board some assurance that they looked at a lot of the counties in Florida (all of the major counties to the extent that they could find the information), and they looked at a lot of the major counties in the United States to see how the performance had been up to this point. He stated that up to this point, Seminole County's performance has been very, very good, maybe 20 to 25 basis points better than what the average would be. He explained that the reason for that is because the portfolio is very short and the Fed is raising interest rates.
Mr. McIntyre stated there is a lot going on in the economy right now and most people expect that the Fed is going to continue to raise interest rates in early September another quarter and another quarter again in December and as many as three times in 2019. He explained that whenever interest rates are rising, in theory you want to be a little bit shorter because if you buy securities at lower interest rates and they continue to rise, the securities that you bought are going to wind up having unrealized losses. The County is very short at this point and that means the unrealized losses are very, very minimal. As a matter of fact, the unrealized losses that do exist are very long securities that were purchased a decade ago. Mr. McIntyre talked about the Fed continuing to raise interest rates and pointed out that there are a lot of things going on in the economy that could derail things. They don’t know where the trade war is going to go but all of the rhetoric that he hears on television and reads in the media suggests that it could have a detrimental effect on both the world economy and the domestic economy.
Mr. McIntyre stated that the risk/reward point that was made earlier is very, very important because they have to decide whether or not they are going to keep a lot of their money very short and ride it up as the Fed increases rates or step out with a portion of the money and buy securities to lock in rates in the event that things get derailed. He explained the answer to all of that is to diversify and take some of the money that is liquid right now and invest it in some actual securities. He cautioned that his company does not like Fannie and Freddie right now. They don't like the federal agencies as much as they do U.S. Treasuries. They are full faith and credit. A lot of other investments that they could potentially buy are unsecured; so his company opts for Treasuries instead of other security types. He added that at least right now they recommend that.
Chairman Horan asked what the rate of a two‑year Treasury is and Mr. McIntyre responded that they are around 2.50% to 2.60% depending on any given point in time. He noted that if you go back to September, that two‑year Treasury was at 1.25% to 1.30%; so rates have moved up quite a bit. He explained that what is happening is the rate increases that are expected are actually priced into the market as opposed to in September when, if you were to buy, you were not getting paid for future increases. Right now you actually are getting paid for the future increases.
Mr. McIntyre stated the recommendation is that the move to reallocate from some liquid investments into some fixed maturities be gradual. He stated they are recommending that four purchases be made, all Treasuries, from six months out to 15 months in three‑month intervals. He emphasized that the market is moving all of the time and noted that buying a six‑month Treasury right now yields anywhere from 2.17%, which it was on Friday, to easily 2.20% today. A one‑year is yielding approximately 2.38% to 2.40% and 15‑month is yielding about 2.44%. The portfolio as of today is yielding about 2.12%. There was a major adjustment that was made when the Fed raised rates in June so some of the securities that the County has at Florida banks moved up by a quarter percentage point right at that time. The majority of the money that the County has is actually in Florida banks secured by the guarantee deposit program so it is very safe.
Mr. McIntyre stated what they will do is suggest that the County comes out of essentially a 2.12% and go into some investments that admittedly are not that much higher than the 2.12% with the understanding that what they will have will continue to move higher; but also by coming out of the liquid investments and going into these set securities, they are actually locking in. They are doing that not because they feel like they are going to earn significantly more money but because they are basically trying to protect a portion of the portfolio in the event that trade wars spiral into recession at some point in time. This is very simply to diversify. He reiterated that the portfolio is doing very, very well.
Mr. McIntyre stated they are also suggesting that several other things be done. There is a maturity in a fixed pool that is going to happen on the 28th, and they looked at the reinvestment rates for that particular amount of money to reinvest. In the six‑month area, they are suggesting that the $10 million that matures on the 28th be reinvested back at 2.35%. The rate that comes off was 1.99%, which shows that the rates are continuing to move higher. In regard to another pool that the County has money in, which is basically a short‑term bond fund, Mr. McIntyre advised that as interest rates have risen, this has been slightly underwater up until this point and now it is at breakeven. Chairman Horan confirmed with Mr. McIntyre that he is talking about the FLGIT Fund.
Mr. McIntyre stated in discussions with the Chairman and the Clerk's Office on Friday, they decided that it makes sense to move from one fund within that family to another. The other fund isn't fixed. The other fund is a floating rate. They felt like that made some sense given where rates are going to go; so there is a little bit of reallocation here. There is nothing that is being suggested that is dramatically different than what has been done. What they are suggesting as much as anything else is to diversify or begin diversifying into full faith and credit Treasury issues. Down the line the County may decide to take more risk but for right now they feel that given the uncertain outlook of the economy that the County should basically lock in some Treasuries.
Ms. Guillet reported that there was a meeting last week with County representatives, representatives from the Clerk's Office, and the investment advisors to talk about these recommendations. She wanted everyone to know there has been coordination amongst the various parties that are involved in the investment decisions. Commissioner Carey pointed out that they have a representative of the Clerk's Office here today and he may want to comment. She stated it sounds like the Clerk is in support of the recommendations being made. Brent Holladay, Chief Deputy Clerk, agreed with Commissioner Carey's statement. Chairman Horan gave a brief synopsis of the meeting and talked about how successful the meeting was. The Chairman confirmed with Mr. McIntyre that he planned on appearing every month to provide a report to the Board. He then asked if Mr. McIntyre planned on using the two-year Treasury as a benchmark. Mr. McIntyre explained that the portfolio is very short; so probably the more appropriate benchmark is the six-month or one-year benchmark. Mr. McIntyre added that going forward, if it makes sense to lock in something longer and lock in some rates because they expect that a recession is on the horizon and they want to protect some of that income, then they would extend. For right now, he thinks six-month and one-year benchmarks are more appropriate. Upon inquiry by Chairman Horan, Mr. McIntyre reiterated that the County will be getting a continual report from him on that.
Commissioner Carey noted that there was a meeting ahead of the presentation which is always good. She wants to confirm that the intent of the Clerk and the Board is to continue to have these discussions in advance of the presentation so that they can confirm or at least comment on their opinion about what is being recommended so everyone is working on the same team. Chairman Horan advised that is exactly the intention and that was exactly the spirit of the meeting they had on Friday. He added they expect that to continue.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to accept the Investment Advisor's recommendations as presented.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Dallari stated that even though the report was shown on the monitor, he would like to have it on the website. Ms. Guillet stated they can certainly do that. Commissioner Carey suggested that in the future, they put it on a PowerPoint presentation so they can "pop it up" on the screen. Commissioner Dallari pointed out that it should be there before the Board actually takes action. The Chairman stated he thinks that is a good idea.
COUNTY MANAGER AND STAFF BRIEFINGS (continued)
Ms. Guillet announced there is a mini budget work session immediately following this meeting. It is the last chance that she will get to talk to the Board as a group before she has to submit the budget and she wants to run a couple of things by the Board.
Ms. Guillet reported there was an item on the afternoon session, an adoption hearing for a plan amendment for the Alta project. They expect that will be continued and they are reaching out to the citizens that were interested in the project to let them know that the Applicant has requested a continuance. Ms. Guillet confirmed for Commissioner Carey that staff is requesting that both the Celery Avenue vacate and the Starwood Drive vacate be continued as they work out some lingering issues.
Chairman Horan recessed the meeting at 10:21 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Jane Spencer who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3 and 5 voted AYE.
ALTA SEMINOLE LSFLU MAP AMENDMENT AND REZONE/
WP South Acquisitions LLC
Agenda Item #30 – 2018-0004
Proof of publication calling for a public hearing to consider adoption of an Ordinance enacting a Large Scale Future Land Use Map Amendment from Medium Density Residential, High Intensity Planned Development Transitional and Planned Development to Planned Development, and adoption of the associated Ordinance enacting a Rezone from RP (Residential Professional) and PD (Planned Development) to PD (Planned Development), for a 243-unit, multi-family residential apartment complex on 12.53 acres, located on the northeast corner of West SR 426 and Tuskawilla Road, WP South Acquisitions LLC, received and filed.
Matt Davidson, Planning & Development Division, addressed the Board and advised the Applicant has requested a continuance to the July 24 BCC meeting.
With regard to public participation, no one spoke in support or in opposition to a continuance, and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to July 24, 2018, at 1:30 p.m., or as soon thereafter as possible, the request to adopt an Ordinance enacting a Large Scale Future Land Use Map Amendment from Medium Density Residential, High Intensity Planned Development Transitional and Planned Development to Planned Development; and an associated Ordinance enacting a Rezone from RP (Residential Professional) and PD (Planned Development) to PD (Planned Development); for a 243-unit, multi-family residential apartment complex on 12.53 acres, located on the northeast corner of West SR 426 and Tuskawilla Road, as described in the proof of publication; WP South Acquisitions LLC, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
CELERY AVENUE RIGHT-OF-WAY VACATE/
Archie and Debbie Smith
Agenda Item #24 – 2018-0572
Continuation of a public hearing from March 27, April 10, May 22, and June 12, 2018, a request to consider a Resolution vacating and abandoning a remnant piece of the public right-of-way known as Celery Avenue, as recorded in Road Plat Book 1, Page 47, in the Public Records of Seminole County, Florida, for property located at the intersection of Celery Avenue and East SR 415, Sanford, as described in the proof of publication; Archie and Debbie Smith.
Angie Kealhofer, Planning & Development Division, addressed the Board and advised the Applicant has requested a continuance to the August 14 BCC meeting.
With regard to public participation, no one spoke in support or in opposition to a continuance, and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue to August 14, 2018, at 1:30 p.m., or as soon thereafter as possible, the request to approve a Resolution vacating and abandoning a remnant piece of the public right-of-way known as Celery Avenue, as recorded in Road Plat Book 1, Page 47, in the Public Records of Seminole County, Florida, for property located at the intersection of Celery Avenue and East SR 415, Sanford, as described in the proof of publication; Archie and Debbie Smith, Applicants.
Districts 1, 2, 3 and 5 voted AYE.
STARWOOD DRIVE RIGHT-OF-WAY VACATE/
PEC Surveying and Mapping LLC
Agenda Item #25 – 2018-0400
Continuation of a public hearing from March 27, 2018, a request to consider a Resolution vacating and abandoning a portion of a public right-of-way known as Starwood Drive, being the south 653.95 feet of Starwood Drive right-of-way, lying in Section 31, Township 21 south, Range 31 east of Seminole County, as described in the proof of publication; PEC Surveying and Mapping LLC.
Joy Giles, Planning & Development Division, addressed the Board and advised that staff has requested a continuance to the August 28th BCC meeting.
With regard to public participation, no one spoke in support or in opposition to a continuance, and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to continue to August 28, 2018, at 1:30 p.m., or as soon thereafter as possible, the request to approve a Resolution vacating and abandoning a portion of a public right-of-way known as Starwood Drive, being the south 653.95 feet of Starwood Drive right-of-way, lying in Section 31, Township 21 south, Range 31 east of Seminole County, as described in the proof of publication; PEC Surveying and Mapping LLC, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
MARKHAM RD AND ORANGE BLVD PD SSFLU MAP
AMENDMENT AND REZONE/Michael Elias
Agenda Item #26 – 2018-0020
Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development (PD), and a Rezone from A-1 (Agriculture) to PD (Planned Development) for a two-lot, single-family residential subdivision on 1.6 acres located at the southwest corner of Markham Road and Orange Boulevard, Michael Elias, received and filed.
Ms. Giles presented the item as outlined in the agenda memorandum. She advised the property is located within the Wekiva River Protection Area and the East Lake Sylvan Transitional Area. Staff finds the request to be compatible with the trend of development in the area. She noted that water will be provided by Seminole County and wastewater will be provided by septic. Ms. Giles stated the Planning & Zoning Commission recommended approval, and staff also recommends approval.
Randy Bumbalough, 595 Pensacola Lane, addressed the Board and stated he is the architect for the project and the owner is also in attendance. They agree with the staff recommendation and think it is a compatible project for the area.
Blaine Darrah, 1624 Cherry Ridge Drive, addressed the Board and stated he is here representing the Heathrow Master Association and he fully agrees with the master plan as presented. He mentioned the architects have agreed to put a very decorative vinyl fence in that small 10-foot buffer that separates this property and the homes that are located in Heron Ridge. He also suggested to the architect that they put the same fence along Orange Boulevard. He added the Heathrow Master Association supports the project.
With regard to public participation, no one else spoke in support or in opposition, and public input was closed.
Speaker Request Form was received and filed.
Commissioner Constantine confirmed that this is currently zoned Suburban Estates, A-1. He heard that they were going to use septic for sewer and asked how far away sanitary sewer is from this property and whether they have agreed to hook up to sanitary sewer when it is available. Ms. Giles pointed out the Comp Plan states that if sewer is available, they must hook up to sewer; however, it is not close to the project. She does not have the exact distance for sanitary sewer, but they did have that reviewed and it was determined that it was not close enough. Commissioner Constantine expressed the last thing they want to do is put more septic in the Wekiva Protection Area. He understands this is only two units. Commissioner Carey noted the backup information states a wastewater gravity sewer line is not available for connection, so she thinks they would probably have to put in a lift station to accommodate that. Commissioner Constantine asked if they could do it, would this not be the right time to do that. He wondered if there is any place else in that area to work it out so that they would be able to pay back some of the money that it would cost for the lift station so it could be shared. He is concerned that they could potentially be putting in septic in the Wekiva Protection Area, especially on the west side of Markham Woods Road.
Tina Williamson, Development Services Director, addressed the Board to advise that Environmental Services did review the project when they came in for compliance. Under the state statute a gravity connection has to be within a certain distance in order for sewer to be considered available, and that is not in place in this location at this time. Commissioner Dallari said the property owner could volunteer to do it. Chairman Horan stated perhaps they wouldn’t want to design a system right now without the additional people there because there will be additional development in this area.
Commissioner Carey noted some of the developments that are occurring along Orange Boulevard are bringing in utilities, but where this property is located there is no other development to happen. She remembers they had to go try to find some subdivisions that they could retrofit with reclaimed even though they weren’t getting any sewer from them because they still did not have enough units to meet their CUP requirement on the reclaim retrofit. They had to do five subdivisions and there were a lot of conditions because they were trying to change the outcome of what was happening in the northwest corridor because of the Wekiva. If there was more development going around it, she would say they should look at running sewer down there, but there is not much more development to occur. This is an infill piece on the corner; it backs up to Heathrow and it already has homes built on the other side of it. She added they have already approved the development across the street from it and down the street from it and down Orange Boulevard. There are only a couple of pieces left on Orange Boulevard potentially to develop out there.
Commissioner Constantine asked whether the owner would be amenable to putting in sewer instead of septic. Michael Elias, Applicant, addressed the Board and responded that he definitely would be if it is the ultimate solution for something and if it is feasible. The Commissioner added it would make the homes more valuable and less expensive. Mr. Bumbalough stated the problem they are facing is that a 24” force main is under a great deal of pressure and in order to tie into it, you have to push into it harder than it pushes back, so it could not be a small residential lift station. He noted the civil engineer estimated it at $50,000. Commissioner Constantine reiterated his concern of going into the Wekiva area and putting in more septic. He said eventually the State at one point or another is going to have to do something and they are already talking about a rule that the DEP is coming down with in regard to new development. He stated he just wanted to try and solve a problem before it exists.
County Manager Nicole Guillet stated it appears that the Applicant is willing to consider this if it is a feasible alternative. Her suggestion would be that they sit down and see if that is an alternative and if so, there is nothing that would preclude him from switching from septic to sewer if that is something that would work. They can look at what their plans are for the overall area and sit down with their utilities folks and if it makes sense for everybody, the County and the Applicant, if they were to grant an approval today, there is nothing that would preclude him from switching from septic to sewer. Commissioner Carey stated the Applicant has made a verbal commitment that they are going to look at it. She added if you read the report, it appears that they don’t think it is necessarily a good thing for their system because of the size and pressure and what would be required. Chairman Horan added that was his concern because someone in his neighborhood in a small cul-de-sac was on a lift station that malfunctioned, and it backed up sewer into five or six houses. He doesn’t want to be doing something here from an engineering point of view that doesn’t make any sense. Commissioner Carey said that under a 24” pipe, it may cause more problems in the County’s system if something were to fail.
Ralph Terrero, Environmental Services Director, addressed the Board stating he hasn’t looked at all of the options but there are actually some individual pumps that are called low-pressure sewers that could pump into the 24” line, but it would need to be evaluated.
Commissioner Dallari stated his issue with this is it is Suburban Estates and they want to do PD. He noted up and down Markham Woods Road, the majority of it is all Suburban Estates. He doesn’t know why they are doing PD to put more houses in unless they are just trying to make more money. Commissioner Carey pointed out that the subject property is surrounded by PD. Commissioner Dallari commented that PD is on three sides and surrounded means all four sides, and he hasn’t heard anything that says why it has to be a PD.
Chairman Horan stated this comes with a P&Z board unanimous recommendation and also with a staff recommendation. It is a residential subdivision on 1.6 acres. Commissioner Carey asked that the aerial photo be displayed and described the area around the property. Chairman Horan expressed that he is convinced that the area has changed in nature to support the change in the future land use. The point he was trying to make is that Suburban Estates is at least one acre and he asked about the lot sizes. Ms. Guillet replied the lots are .44 acres each and there is a significant buffer along Markham Road. Ms. Giles added there is a 40-foot buffer requirement. Chairman Horan asked what is to the south and Ms. Giles replied that is the Heathrow PD and the density is four units per acre. To the east is multi-family, the Colonial Grand apartments.
Commissioner Carey stated this is very much the trend of development in this area, four units per acre, and in fact this is less dense than what is surrounding it. It is at a hard corner at a busy intersection, so much so that a traffic signal was installed there by the County at Orange Boulevard and Markham Road. This project is supported by P&Z, the surrounding neighborhoods, the Heathrow Master Association, and everybody believes that that is a good use for that corner in the community.
Motion by Commissioner Carey to adopt an Ordinance enacting a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development (PD); and adopt an associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for a two-lot, single-family residential subdivision on 1.6 acres located at the southwest corner of Markham Road and Orange Boulevard, as described in the proof of publication; Michael Elias, Applicant.
Chairman Horan surrendered the gavel to Commissioner Constantine in order to second the motion.
Chairman Horan stated the proposal complies with the requirement of the Comprehensive Plan Future Land Use 12.2 which states that developments exceeding one unit per net buildable acre in the East Lake Sylvan Transitional Area must use clustering to minimize impacts to natural resources. The policy allows a maximum of 2.5 dwelling units per net buildable acre where it can be demonstrated that the impacts will not exceed those of an “un-clustered” development with a density of one unit per net buildable acre. Chairman Horan stated there are two units here and it is to an acre, so it looks like the requirements for the change in the future land use would be met, so he is in favor of approval.
Commissioner Constantine returned the gavel to Commissioner Horan to resume the duties of Chairman who called for a vote.
Districts 2 and 5 voted AYE.
Commissioners Dallari and Constantine voted NAY; whereupon, the motion failed for lack of a majority vote; Denial Development Order.
VACATION RENTALS LAND DEVELOPMENT CODE AMENDMENT
Agenda Item #27 – 2018-0791
AMENDMENT TO ADMINISTRATIVE CODE FEE SCHEDULE -
VACATION RENTALS (Non-Public Hearing Item)
Agenda Item #28 – 2018-0790
Proof of publication calling for a public hearing to consider adoption of an Ordinance amending the Land Development Code to provide regulations for short-term vacation rentals within unincorporated Seminole County, received and filed.
Jeff Hopper, Planning & Development Division, addressed the Board to advise that staff is recommending a continuance to allow them to take in further input. Chairman Horan suggested he present the item to allow public input.
Mr. Hopper stated Florida Statutes Chapter 509 has created a category of lodging called “Vacation Rental” which is a dwelling unit rented more than three times per year for periods of less than a month but is not a time-share. State law prevents local governments from prohibiting vacation rentals or regulating their duration or frequency; however, local regulations may be adopted to address compatibility issues with surrounding residential properties including noise, parking and the number of persons staying at a vacation rental unit. Requirements of the new regulations would include maximum occupancy of two persons per sleeping room, having a landline telephone capable of contacting 911 on a 24-hour basis, and for each sleeping room in excess of two, an additional parking space must be provided. The proposed amendments establish a registration process and require certification by the owner or other responsible party that all requirements are met while tenants occupy the units. As a result, County staff will have a record for each unit of location, maximum occupancy, ownership, and persons responsible in the event of a violation. Violations would be addressed through the Code Enforcement provisions of Chapter 53 of the Seminole County Code. Also, the County Manager would have the power to revoke or suspend the Certificate of Compliance for a vacation rental facility upon a finding of repeat violations.
Mr. Hopper advised that at the Planning & Zoning Commission meeting on June 6th, an issue was raised regarding access by vacation rental occupants to common facilities within a project such as swimming pools and clubhouses. There was concern about how the County’s ordinance might affect that. In response to this concern, a revision was made to the draft stating that the Certificate of Compliance does not authorize any person to violate private covenants or HOA regulations.
Commissioner Carey remarked that a lot of times some of the complaints they receive on Monday morning are about what happens at vacation rentals over the weekend when Code Enforcement Officers are not on duty. As far as monitoring and compliance and enforcement, she asked if there is going to be some instruction given that Law Enforcement should react because it states that Code Enforcement is going to be the one to monitor all of this. She thinks that maybe if they are doing some type of licensing that they also give some type of notice to the surrounding homes; or if there is an HOA that they actually put the information out to all the residents so that they know what to do in the event that it becomes a problem. She added it would be very difficult for the County to monitor this and possibly even enforce it if all the calls are being responded to after the fact. Ms. Guillet said that is a great point and they could add a notice provision to either notice an HOA or the surrounding neighbors. Commissioner Carey added it could be a notice that someone has registered their home so the neighbors know what is going on.
Commissioner Dallari asked about the process to register and Mr. Hopper explained they have not nailed that down in detail yet. The Commissioner said he’d like to have that nailed down before they make a decision of what this process is going to be. He said there is a one-time fee so no one has to come back, but he thinks it would be nice to have them come back every couple years. And he would like to have some input from Code Enforcement or the Sheriff about some of these things to make sure that they are enforceable. He pointed out that a lot of this has been preempted by Tallahassee so they are only taking into account the things that they can. He summarized that he wants to make sure it is enforceable, to see how the registration will take place and how often they will do renewals. Mr. Hopper responded it would be a one-time application fee until something changes such as an additional bedroom.
Commissioner Carey stated if you have a house and it is certified for short-term rentals and then you sell the house to someone else, that registration would still be out there because it is based on the address. Then a new owner, for example, has a family wedding that weekend and all of a sudden the neighbors are under the impression it is due to an Airbnb and they are calling the police and the police show up and the wedding is ruined. She opined there has to be some trigger like a renewal or with the transaction of a house it would be voided and the new people would have to come back so that they understand the rules.
Chairman Horan explained that in 2011, the State of Florida’s Legislature enacted a statute that preempted or took away from local regulation the authority over short-term rentals. Since 2011, there have been a couple of other statutes that have been passed by the State, but in 2014 the Legislature reinstated local governments’ ability to regulate vacation rentals within certain parameters. He added they cannot prohibit rentals or attempt to limit their frequency or their duration. So they are trying to pass an ordinance that complies with the state statute and regulates within the ambit of the state statute that they have to operate within.
County Attorney Bryant Applegate stated there is no doubt that the Legislature has passed, in his view, a procedural nightmare onto local governments once again. He thinks if a house is sold under this current ordinance, the owner of the home has to submit an affidavit. Commissioner Carey wondered how they would know that someone registered the house as a vacation rental. Chairman Horan opined the only way to correct that would be to require something in the public record because then if there is a sale, it would show up in a title search. Mr. Applegate noted they just recently received a lot of comments from the public. They are trying to come up with a comprehensive ordinance that will protect the character of the neighborhood and protect the neighbors from violations and misuse of vacation rentals.
Commissioner Constantine stated he has had ex parte communications (received and filed) with some citizens that were concerned. Commissioners Dallari and Carey submitted all their ex parte communications (received and filed) into the record at this time.
Commissioner Constantine said they do understand that there are only three areas that they can talk about: the noise and the parking, which he thinks they covered very well, and the registration process. He said he has indicated to staff that he thinks the frequency of registration should be much more frequent and he believes they should have a renewal fee every single year. Right now they are looking at a one-time charge of $150, and the normal fee around the state is $250 to $300 and then in addition to that, every year they would come back with a fee ranging from $100 to $150 per year. In regard to enforcement, he thinks it will be neighbor to neighbor as well as the people that own it, but there could be some costs related to that also when you are dealing with code enforcement.
Commissioner Constantine asked the County Attorney to expound on what the HOAs can and cannot do. Mr. Applegate explained granting someone a certificate to operate a vacation rental does not mean that they can violate a homeowners’ association’s restrictions, but the enforcement of that is up to the HOA and not the County; the County cannot enforce HOA restrictions. Commissioner Carey asked if HOAs are allowed to restrict vacation rentals under the Florida Statutes. Mr. Applegate advised as far as he knows, they haven’t been challenged yet. Chairman Horan added as he understands it, the statute prohibits actions by local governments, but the HOAs, or even a voluntary homeowners’ association, can still enforce those covenants and restrictions in the subdivision.
George Sellery, 5231 Shoreline Circle, addressed the Board and said he lives in the Lake Forest subdivision gated community. He is representing their association today. He thinks Terracina, Alaqua Lakes and Alaqua have also weighed in, and he knows Heathrow is here also. He believes a lot more people would have attended but they don’t all read that one little legal ad in the Orlando Sentinel, and he feels the agendas are extremely hard to find, but they are coming up with a group consensus to fix that.
Mr. Sellery opined that this commission has a wealth of experience and Seminole County has always led and not followed. He thinks this ordinance is a great tool and well needed, but there are a couple of issues. One is that it doesn’t apply to HOAs and CC&Rs (Covenants, Conditions & Restrictions) and the proof of that is the Airbnb Lobby, the one that has been preempting this issue at the state level and actually tried with HB 841 to circumvent any CC&Rs going forward and that failed. This has nothing to do with amenities with HOAs; they gave up some property rights to go into a community and follow certain covenants and rules. They have their amenities, private roads and gate codes which they don’t want just anybody in the world to have. And, they pay their dues for that privacy and for those roads. Their tax money that they pay in a privately gated HOA, 90% of those tax dollars go elsewhere; they don’t go back to them. They don’t get roads or sidewalks or Sheriff’s patrols except for the ones they pay for.
Mr. Sellery stated he thinks they just need more time with the ordinance. He cited verbiage from the agenda memorandum, “The regulations would not apply to any vacation rental that is owner occupied on a full-time basis and where the sleeping rooms are accessed via hallway internal to the facility.” He said that is the definition of every house he knows. He then read, “Having a permanent resident on-site helps mitigate issues and reduces the potential for noise, parking and traffic nuisances.” He opined these are completely contradictory sentences. Commissioner Carey explained there was a revision distributed today that added back the HOA language that they had requested at P&Z.
Mr. Sellery questioned if the County will post a list of approved vacation rentals so that if there is an issue, before calling Code Enforcement, someone could look online to see that they are in fact a permitted Airbnb. Also, he wondered why they would only have a one-time application fee. Other counties, Orange, Brevard, Lake, and Volusia, do not have an ordinance. He is hoping Seminole’s is the model for the rest of them. He added they should have an application fee, a larger one. These are money-making opportunities. He mentioned the Westin and the Marriott and said all these hotels are going to lose some business here and they all have to pay fees. Is the fee sufficient to offset the compliance costs? He doesn’t think it is even close. He worked in the Sheriff’s Office for 22 years and cautioned there is no way to enforce this after the fact.
Mr. Sellery noted he saw an article that said 40 counties have already entered into tax agreements with Airbnb to collect tourist development taxes and he wondered if Seminole County was one of those. Mr. Applegate advised they are not; however, they have been negotiating with them.
In regard to the County Manager being able to revoke certifications based upon numerous violations, Mr. Sellery asked what if they are allowing sexual offenders or people that should not be there. He feels there is a whole list of things that the owner will not be able to check. He thinks they need more time with this ordinance and stated he appreciates the HOA language on behalf of all the HOAs.
Mr. Darrah stated he is again representing the Heathrow Master Association. He thanked the staff and attorneys for putting the HOA language back into the ordinance that was approved at P&Z. He expressed they are really trying to do something for a large portion of the community that was put in place before you had HOAs, and therefore you have a lot of streets that don’t have some of the rules and regulations. He sees difficulty in enforcing this on a real-time basis. Code Enforcement seems to be six months to two years behind in terms of actually trying to get some enforcement done. He believes they need support that handles this on a real-time basis and he is confused as to how they expect Code Enforcement to do that. It’s obvious if the lawn is overgrown or the house is falling apart, but if somebody had a loud party or if the tenants’ kids were running loose in the neighborhood and bothering other residents, how do they control that. He applauds the Board for trying to give people some help in putting some restrictions in, but he is concerned about how they enforce it.
With regard to public participation, no one else spoke in support or in opposition, and public input was closed.
Speaker Request Forms were received and filed.
Chairman Horan commented there are a number of different counties that are looking at this issue that don’t have ordinances. To put this into perspective, 11,000 people last year in Seminole County registered with Airbnb, a total of 330 separate residences. In Lake County, they had 30,000 and in Orange County, there were 235,000 registered with Airbnb. In Osceola County, there were 358,000. So it is not of the magnitude that you would have in neighboring counties primarily because of their proximity to the attractions. He said he thinks it is important that they don’t make this so complicated that the cost of enforcing it exceeds the value of what they get which is why he is a bit wary of this ordinance and how it is going to be enforced. These types of situations are typically handled through private enforcement; homeowners’ associations enforce deeds and restrictions in the neighborhoods. He voiced his concern that they will spend a lot of time, effort and money chasing after something that will not pay for itself.
Ms. Guillet stated there has been a lot of concern expressed about enforcement but she does not have the same level of concern. They have a lot of code violations that happen on the weekends, and they coordinate with the Sheriff’s Office who does the bulk of their on-the-ground code enforcement. If there is a noise ordinance violation after business hours or on the weekends which is usually when they occur, the Sheriff’s Office is equipped to deal with that. She reiterated she thinks Commissioner Carey’s suggestion that they notify the neighbors as to who they can call if there is an issue is a great suggestion and will help with those enforcement efforts.
Commissioner Constantine stated that Seminole County is a hidden treasure and he’s glad they are not in the tourist corridor. He believes they are being farsighted in being the first County in this area to be looking at this.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to continue the request to adopt an Ordinance amending the Land Development Code to provide regulations for short-term vacation rentals, as defined in F.S. 509.242, within unincorporated Seminole County, as described in the proof of publication; and approve a Resolution amending the Seminole County Administrative Code to revise Section 20.10(L), Permit Fees, to add subparagraph (11), Vacation Rentals, as administered by the Development Services Department, Planning and Development Division.
Districts 1, 2, 3 and 5 voted AYE.
HIDEAWAY COVE EDUCATIONAL SYSTEM IMPACT FEE
VESTING DENIAL APPEAL/Raymond Harrison
Agenda Item #29 – 2018-0778
Proof of publication calling for a public hearing to consider an appeal of the denial of Educational System Impact Fee Vesting for the Hideaway Cove development, located on the east side of Simmons Road, one-half mile east of Lockwood Boulevard, Raymond Harrison, received and filed.
Ms. Williamson reviewed the background timeline as outlined in the agenda memorandum. She stated staff recommends that the Board uphold the denial of Educational System Impact Fee Vesting for the Hideaway Cove development.
Raymond Harrison, Appellant, addressed the Board thanking them for enacting a vesting ordinance for this fee increase. He opined it is very important from a layman’s perspective to look at the vesting of this as the vesting takes a fee increase and it allows projects that are kind of trapped in the middle that either had not been completed or have not even been started yet to be able to transition to absorb the fees as the increase goes through. When he received the denial and looked at the criteria that said the preliminary subdivision plan is too remote from the issuance of building permits, the first thing he did was ask the question of himself whether that was true. So, he went and found five similar projects and looked at the timelines for those projects. When he drafted this appeal, he put this information in as simple exhibits (included in agenda memorandum). He stated there are no legal issues to argue over, just what do the facts tell about the criteria to enact vesting.
Mr. Harrison stated the first of the criteria, Exhibit A, is the timeline between PSP and final engineering which he also labeled as Pre-Con. When he looked at those five projects, the average time frame between PSP and final engineering was three months. When he looked at his applications and where this project is, preliminary subdivision was in March 2018 and they have their first round of comments back on the engineering. He advised Chad Moorhead (Madden, Moorhead & Stokes, Inc.) commented that they were fairly minor and they were resubmitting those comments any day now. So the timelines that he put in his original request for vesting all seem to be coming along the same way, three months from PSP to final engineering. Secondly, he looked at the time frame between final engineering and first building permit. In looking at the five projects, he found it was six months between those two criteria. To answer the question whether PSP was too remote, he looked at how many permits were pulled between final engineering and 15 months after final engineering; he said he used 15 months instead of 18 months since the vesting ordinance starts in April. The average number of permits pulled between final engineering is 32, which is a fair amount of permits. He stated obviously Hideaway Cove hasn’t been developed yet, but they are getting ready to start as soon as they have their engineering permits. If he takes those facts and he takes 15 months from the issuance of the final engineering, then by the time they get to the end of the vesting period 15 months out from that, they would have extrapolated for Hideaway Cove 32 building permits, which in round numbers is a third of the project.
Mr. Harrison explained if everything falls out the way they anticipate it to, a third of the project would pay the old fee and two-thirds of the project would pay the new fee. He said it seems to him that this demonstrates the fact that it is unfair to the project to deny the request for vesting.
Commissioner Dallari questioned when Mr. Harrison received approval from the Board. Chairman Horan replied February 2018 and Mr. Harrison stated his rezone application was submitted on September 22, 2017 and his first DRC was October 17, 2017. The master development plan was submitted on November 6, 2017. The P&Z rezone was February 7th and the BCC approval was February 27th and then PSP was March 7th.
Commissioner Carey indicated he was through the zoning process and was ready to go except he did not have final engineering submitted and approved which was the threshold that staff was using for the vesting.
With regard to public participation, no one spoke in support or in opposition, and public input was closed.
Speaker Request Form was received and filed.
Commissioner Dallari noted in going through the timeline, the Applicant started in September and went through development review in November. He went to P&Z in February and got final approval by the BCC in March. He said he believes that Mr. Harrison can actually show there is enough that was in the process before the impact fees were actually established.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to overturn the denial of Educational System Impact Fee Vesting for the Hideaway Cove development, located on the east side of Simmons Road, one-half mile east of Lockwood Boulevard, as described in the proof of publication; Raymond Harrison, Delaney Land Company, Appellant.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Carey reported the Central Florida Expressway Authority meeting is usually held on the third Thursday of the month but they have combined June and July, so the meeting will be held on June 29 at 10:00 a.m.
Commissioner Carey announced the 4th of July events scheduled in her district.
Commissioner Dallari stated the item he would like to talk about is not in District 1 but it does address many of the areas in Seminole County along the St. Johns River. He has received a couple of emails along with the other Commissioners from Pam Sanders about Wickham Road and the flooding. He has a photo (not received and filed) that shows the road is actually starting to flood. He looked at the charts that were sent to him regarding the staging of the St. Johns River above Lake Harney, and they are definitely in the yellow mark. Presently on the chart it shows they are somewhere around 7.6 feet in relationship to the river. He wants to make sure they are making every attempt possible to ensure people have ingress and egress to their properties. The photo shows the river cresting over the road last week and in talking to staff, everyone says it is to be expected, but he thinks they need to see if there is anything they can do to make sure that people can get to their homes.
Ms. Guillet noted the river is high right now and there are some folks, especially on Wickham Road and Lake Harney Drive, that are experiencing unusually high water for this time of year in light of there not being a significant storm event. They think part of the issue is the ground is saturated because there has been so much rain. Their engineering teams have been out there along with the Roads & Stormwater folks trying to come up with some sort of preemptive measures to keep it from escalating any further. She knows that they have been “shooting some elevations” to understand where things might need to be raised. Some of the culvert sizing is not consistent and so they are taking a look at that area right now to see what they can do. Commissioner Carey remarked the entire river is high and she suggests that staff go back and talk to the South Florida Water Management District people to see if they are releasing any water from down in Fellsmere, because if there is a storm event in South Florida, two to three weeks later the water elevation rises here whether they have had a storm event or not because it takes that long to traverse through the river. There has been some releasing from Lake Okeechobee and she is not sure where that is all being released. She added as they come into the hurricane season and the ground is already saturated, they are probably going to experience some flooding.
Commissioner Dallari stated he was out there about two weeks ago. The river is not cresting on the property; this water is from other areas north of Wickham Road trying to get to the river. Ms. Guillet advised staff has been out there looking at it for the last couple of weeks trying to come up with some solutions. The ground saturation is a huge issue because there is no place for the water to go. Commissioner Dallari requested an update before the next meeting if possible. Chairman Horan noted this is in his district and they just know the problems right now and unfortunately they don’t know what the solutions are but they are gathering the data. Not only do they have a problem with the elevation of the lake but there is a problem with the entire sector in terms of the groundwater itself; the water table is very high. They do have staff working on that and they are in contact with water engineers at the St. Johns, etc.
Commissioner Constantine reported that on June 15 the Leadership Seminole board had a presentation from Drew Jeter about their direction with the Homeless Coalition.
Commissioner Constantine advised starting tonight through June 26, he and the Chairman will be attending the FAC Annual Conference in Orlando.
Commissioner Constantine stated on June 27, the FDOT is having a Truck Parking Availability System ribbon cutting in Brevard County on I-95 southbound near Mims. This tells him that they can find places for trucks to park other than in Longwood and it is good to see that they are looking at other areas for that.
Commissioner Constantine said Ed Burford, Veterans Services Officer, will be presenting Captain Robbie Roberts with the Veteran of the Month Resolution at the Brookdale Senior Center in Altamonte Springs. He reminded Captain Roberts is 104 years old and was one of the first pilots that was actually shot down but evaded capture right after the Battle of the Philippines. Commissioner Carey remarked she loved the fact that he fixed his own plane and then flew out. Commissioner Constantine agreed and noted Captain Roberts will be in full uniform, his original uniform, at the event and his entire family will be there.
Commissioner Constantine announced the 4th of July events to be held in his district. In addition, the North Street softball complex will have its 25th Anniversary on July 12.
Commissioner Constantine stated he received some disturbing news that on April 30, Utilities Inc. of Florida filed a Notice of Intent with the Florida Public Service Commission to once again increase its water and wastewater rates in Seminole County. If approved by the FPSC, the rates will increase along with miscellaneous service charges. So in addition to the more than 50% to 100% increase that those citizens have already received, they will receive another 3.23% which is ill-timed and ill-conceived. He knows the County still has a court case right now in the appellate courts. Mr. Applegate noted this rate increase does not relate to the court case appealing FPSC’s decision on the main rate increase. This is called indexing where utilities are allowed to pass on the increase in cost of doing business like electricity. They are waiting for the First District Court of Appeal to decide either on oral argument or if they are just going to base their decision on the briefs. Commissioner Carey asked if Utilities Inc. will have to escrow any of the increased funds in the event that they lose the lawsuit. Mr. Applegate responded if they impose the increase subject to the appeal, they have to escrow those funds. If the rate increase is denied, there will be a refund.
Regarding the “Walking Challenge” that was held in the county, Commissioner Constantine said that 280 teams participated. He asked that Ms. Guillet give an update and she indicated she will do that at the next meeting.
In regard to the Truck Parking Availability System (TPAS), Chairman Horan reminded that going back about two years ago through the MetroPlan Alliance, a motion was made for FDOT to do a study. As part of that study, they have come up with this TPAS. He explained that it detects available parking spaces at welcome centers, rest areas and weigh stations and sends alerts to commercial truck drivers via message boards, in-truck sensors, and mobile apps. The system will interface with the State’s SunGuide System which will allow the information to also be available to drivers through the State’s FL511.com system website and mobile apps.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to appoint Brian Hacker to an unexpired term which is the vacant position on the Seminole County Industrial Development Authority (SCIDA) which would expire on January 1, 2020.
Districts 1, 2, 3 and 5 voted AYE.
Chairman Horan stated he will be attending the FAC Annual Meeting and he is pleased to report that Commissioner Constantine has been appointed as the Chairman of the Growth, Agriculture, Transportation, and Environment Policy Committee. Commissioner Carey mentioned that while they are at the meeting, they might want to talk to some of their colleagues across the state about the short-term rental situation to see what some of them have done outside their region. She added she is sure down in Palm Beach and West Palm, and Broward and Miami-Dade counties, that they have already addressed some of this. Maybe there are some good lessons learned that they could capture on that.
Chairman Horan discussed a “My Word” column in the Orlando Sentinel newspaper from Barbara Thornton concerning this Board and some kind of proposed ethics ordinance that was sent to them. Commissioner Carey advised she asked the County Attorney to set the date for their annual ethics training, a four-hour training that is offered to all of the other boards, the cities and the community volunteers who serve on boards. She said the sooner they can set the date the better so people get enough notice.
Chairman Horan reported they had a very productive meeting with the Clerk’s Office concerning investment procedures. Also he received a report which is a roster of how the personnel in the Clerk’s Office are allocated under the budget. He opined it is very helpful.
Chairman Horan advised the Orlando Business Journal, as it does every year, gives a list of its Central Florida Fast 50, which are the fastest growing companies by percentage over the last three years. Seminole County has 15 companies that are included on the list.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated May 30, 2018, from John Hitt, President, UCF, to Chairman Horan re: Appreciation of the Resolution adopted March 27 and presented on behalf of the Seminole County Board of County Commissioners.
2. Letter dated June 14, 2018, from Traci Houchin, Clerk, City of Sanford, to Board of County Commissioners re: Notice for Ordinance No. 4462; 1.05 acres between Harrison Street and West 18th Street and between Roosevelt Avenue and Dixie Way.
3. Letter dated June 14, 2018, from Traci Houchin, Clerk, City of Sanford, to Board of County Commissioners re: Notice for Ordinance No. 4463; 0.93 acres between West 5th Street and Jewett Lane and between Airport Boulevard and Martin Luther King Jr. Boulevard.
4. Letter dated June 14, 2018, from Traci Houchin, Clerk, City of Sanford, to Board of County Commissioners re: Notice for Ordinance No. 4464; 6.56 acres between Onora Street and East Lake Mary Boulevard and between Ohio Street and Mellonville Avenue.
ITEMS FOR FUTURE AGENDA
Lee Mangold, 580 Legacy Park Drive, addressed the Board stating he stays in support of protecting the rural boundary in eastern Seminole County. In 2004, people voted to protect their homes and their rural way of life with an amendment to the Home Rule Charter. The rural area is critical in the aquifer recharge process and as home to Florida wildlife. Yet the residents face continual assaults on the protection of this area from those that they elected to represent their interests. He has watched urban sprawl take over and he knows what Geneva, Chuluota, and the Black Hammock areas will look like if developers are allowed to continue that sprawl. He asked the Board to protect the rural boundaries, prohibit development inside those boundaries, and serve the will of the people.
Jay Jurie, Sanford, addressed the Board and said in regard to Commissioner Constantine’s report on water/wastewater rate increases, he wondered why the County would not explore the possibility of creating its own utility that might be more cost effective.
Mr. Jurie stated he wants to speak about the urban service area boundary. He talked about “The Senator,” the tree that was tragically lost in Seminole County and opined it comes increasingly to stand as a metaphor for him with regard to this County; all they have left of that magnificent tree is simply a slice. He feels the people that live in other parts of the county also have a stake in this because this is the remaining open, rural conservation-style space they have left in the county and it should be preserved on behalf and for the benefit of all the residents of the county. He has seen development after development along Celery Avenue. The urban service area boundary was put into place for good reason and it should be supported. He asks that when the River Cross development comes before them that they deny it as one that would open the door to further unnecessary growth and development in the eastern portion of the county.
Katrina Shadix, 1421 Brigham Loop, addressed the Board and stated after Chris Dorworth’s legal team presented their plans to infect Chuluota’s rural area with a high density development entitled River Cross, the people took immediate action to gather as many tools as possible to fight to protect the rural boundary and their quality of life. One of the tools suggested for their urban sprawl battle toolkit was that a new rural boundary referendum be placed on November’s ballot. Over the last few weeks; however, they have held community meetings and talked with thousands of people including county commissioners, former elected officials, scientists, biologists, hydrologists, native plant organizations, state wildlife agencies, city planners, law enforcement officers, attorneys, community leaders, election experts, homeowners’ associations, environmental evaluation firms, citizens, voters, public water supply officials, the Geneva group, the Chuluota group, and the Black Hammock group. After compiling the results of those meetings, they have decided not to support a rural boundary referendum at this time. There are many more cons than pros to putting a referendum on the ballot. The most important one being that even if they were to pass the strongest rural boundary ever conceived, Developer Chris Dorworth’s threatened federal lawsuit would be grandfathered in to contest the current rural boundary charter amendment. The people hope this Board will not be intimidated by Mr. Dorworth’s threat of a lawsuit, and they ask the Board to respect the will of the people and defend the rural boundary.
Ms. Shadix indicated after the dust from this battle settles, they would like to work with this commission on two things. One would be a land buying program that would give the Seminole County large property owners the opportunity to make money by selling their land to the County to be designated as conservation easements, in the same manner that Volusia County does it and in the same manner that the Florida Land Acquisition Program is supposed to be doing it. They would also like the commission meetings dealing with land use changes scheduled on weeknights or weekends so the people being affected by urban sprawl development have a fair chance to attend and speak up.
Kimberly Buchheit, 6500 Swain Road, addressed the Board stating she appears as an independent concerned citizen, but she has been a land surveyor for over 35 years which informs her perspective. She started this business in 1991 and also in 1991, a Seminole County Comprehensive Plan Amendment became the precursor to the creation of the rural boundary. In 2004, she supported the county charter amendment to establish a rural boundary. They knew then that development pressures would destroy what they valued most about Central Florida if they did not act. They are now at a pivotal point, 14 years later, witnessing the approval and construction of more and more high density developments all over Central Florida. She stated she has been attending numerous public meetings and has observed unmistakable favoritism shown towards developers over members of the general public and that concerns her. For every one that comes forward, there are hundreds perhaps thousands that do not have time to study the issues, make these meetings, or take time to communicate their opinions. They voted to keep Seminole County from exploding and ask that the Board honor the spirit of the rural boundary and the trust that was placed in them as important decisions come before them. (Ms. Buchheit’s written comments were received and filed.)
Rick Ashby, 1515 Fort Christmas Road, addressed the Board indicating he is here to speak in opposition to the River Cross Hi-Oaks development. He sees it as the destruction of the rural boundary that the citizens of the county voted for. He attended a developer’s information meeting that was held at the River Run Church about a month ago and noted there were probably about 200 people from the surrounding community there and every one of them was in opposition to this project. Those are the citizens of this county and it seems clear cut to him that nobody in rural Seminole County supports this project. He stated the Board will either vote with the citizens of this county who elected them or they will vote for developer profits. He mentioned the environmental impact because this project would be right next to the Econ River. You can say there is a buffer and you can say there are retention ponds, but when they get one of these thousand-year storms that they seem to be getting every year now, all of that is going to go right into the river. Lastly, he asked who would pay for the increased traffic congestion and the increased service requirements. He noted the developer will not have to pay for that; the citizens of the county will get stuck with that bill and they do not support this.
David Bottomlie, 305 Woodbury Pines, addressed the Board and advised he attended the annual FDOT transportation symposium and the TPAS session. He said he will get the link to the Commissioners of the PowerPoints that were presented.
Deborah Poulalion, 1367 Cor Jesu Court, addressed the Board and described her weekend stating she went hiking on Sunday in the Econ River Wilderness Area. She said it is one of Seminole County’s naturally beautiful places. A brochure for the area states that she should expect parts of the trail to be flooded in wet season. When she took her hike and got to the river, it was flooded as it should be. She stayed as long as she could until the mosquitos chased her away “as it should be.” She realized she was less than a quarter of a mile away from where developers of River Cross want to extend McCulloch Road over the Econ River. She stated she was looking at the wetlands that they would have to build that bridge on and she asked herself what would they need to do to make a stable bridge there. And, after they did that, what would upriver and downriver look like. And, what would the people who are living a stone’s throw away from the wetlands that she had just hiked to think about the mosquitos that literally drove her away from the river. Or what would they do to correct that, she hates to think. She expressed these are environmentally sensitive wetlands and this does not change just because someone wants to build a development. This does not change after a public university is put there either. The Econ River and the rural area around it are an environmental treasure for all of Seminole County. She lives in Longwood but feels like this place is for her also. It is not a Chuluota issue. She urged the Commission not to throw away the beautiful natural area to leave them with another subdivision and strip mall.
Speaker Request Forms were received and filed. A Written Request Form from Shirlene C. Stuckey was also received and filed.
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised the Circuit Court was hearing arguments on the Greyhound Protection Act Ordinance this afternoon. The court has said it’s a complex issue. The judge has heard arguments from both sides and he is taking the matter under advisement. Mr. Applegate said they will notify the Board as soon as they hear something.
Mr. Applegate stated in regard to the date for the ethics training, he will work with the County Manager. Right now he has December 4 tentatively set and will get that announcement out as soon as possible.
In regard to the opioid litigation, he knows Commissioner Carey feels strongly that this County has always been out in front on so many matters around the state and has led the way. On this one; however, they are going to recommend formally at the next meeting that they sit back and see how the other litigation is going and what the Florida Attorney General’s Office is doing before they expend any money and cost on this. He opined they certainly have plenty of time to deal with it.
Mr. Applegate reported that Fisher Phillips has submitted a request for a fee increase of $20 per hour and he indicated it seems to be in line with what the other jurisdictions that they have always checked with are doing. He went back and looked, and they spent a grand total of $225 this fiscal year out of his office on labor counsel which is separate from union matters.
Mr. Applegate noted he has drafted a response that the Commissioners can provide to the residents in regard to Sanlando Utilities. He will get clearance from outside counsel before he sends it to them, however. He should have it this afternoon.
In connection with FACA, Mr. Applegate announced the attorneys will be out of the office tomorrow and Thursday to attend the CLE conference. They will be checking in periodically with staff and he noted the Commissioners’ aides have their contact numbers.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:40 p.m., this same date.