BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

January 14, 2014

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 14, 2014, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Robert Dallari (District 1)

Vice Chairman Brenda Carey (District 5)

Commissioner John Horan (District 2)

Commissioner Lee Constantine (District 3)

Commissioner Carlton Henley (District 4)

Clerk of Circuit Court Maryanne Morse

County Manager Jim Hartmann

County Attorney Bryant Applegate

Deputy Clerk Erin Leben

Pastor Charles Higgins, Jr., Westview Baptist, Sanford, gave the Invocation.

Commissioner Lee Constantine led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Dearborn Electronics was presented.

AWARDS AND PRESENTATIONS

Motion by Commissioner Constantine, seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-1, as shown on page ______, recognizing Richard Quentin “Dick” Harkey for two decades of tireless service and dedication to Congressman John L. Mica and the 7^th Congressional District office, upon his retirement from government service.

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

Commissioner Constantine presented the Resolution to Mr. Harkey who addressed the Board to express his gratitude.

-------

Motion by Commissioner Carey, seconded by Commissioner Horan to adopt appropriate Resolution #2014-R-2, as shown on page _________, recognizing Irene Dolgner for 34 years of dedication and devoted service to the Seminole County Port Authority.

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

Commissioner Carey personally thanked Ms. Dolgner for her service to the Seminole County Port Authority.

Commissioner Carey presented the Resolution to Ms. Dolgner, who addressed the Board to express her gratitude.

-------

Kathy Ramsberger, President, addressed the Board and thanked them for the invitation to present the Dr. Phillips Center for the Performing Arts to the BCC and the community in Seminole County.

Ms. Ramsberger stated that a beam that will be used in the Dr. Phillips Center for the Performing Arts is currently displayed in the lobby of the Chambers. She stated they have taken several beams on a tour. Since then, the beams have traveled throughout seven counties, 1,000 miles and 10,000 signatures. She stated she is grateful to have the chance to share with the Board the project that has been in the works regionally for about 20 to 25 years and how close they are to seeing it finished.

Ms. Ramsberger displayed a PowerPoint presentation (received and filed). She stated their goal is to broaden the arts for everybody and that performing arts centers are not only for the high arts.

Ms. Ramsberger expressed their mission is to provide an inspirational, creative place where people love to be and work, whether they are artists or people that work in art centers. She noted the Tampa Bay Art Center is a $60-million-a-year economic engine in their community and they employ a great deal of people. She stated that they are non-profit, which means they have a chance to raise money as part of their income, but the goal is to really make it a thriving business.

Ms. Ramsberger stated the effort to form the Dr. Phillips Center for the Performing Arts was started in 2003. They formed a public-private partnership that is non-profit led. She stated they have a Board of Directors that has been focused on their mission.

Ms. Ramsberger stated they are part of a nine-acre site, and their Board put together a mixed-use development. She informed the Board that the total investment on the site is over $1 billion, and that the investment is a sustainable model for the arts center. She added the center has a tremendous amount of advocacy in community leadership, and stated their elected officials have led the confidence of the project.

Ms. Ramsberger stated that their Board of Directors is still growing. They would like to have more participation from Seminole County. The Board of Directors’ main role is to advance their mission through financial contributions and ensure they have the ability to make the project regional. The project is staff led and Board advised, but they have committees that are standing across the Board.

Ms. Ramsberger stated centers like this have been around for 200 years. She advised they have done peer reviews with CEOs of similar centers about a half a dozen times. She stated they have the business models of 37 art centers.

Ms. Ramsberger advised they are not trying to make the Dr. Phillips Center for Performing Arts similar to the Bob Carr or the Ruth Eckerd Hall, but that they are in the category of Lincoln Center, the LA Music Center and the Miami Performing Arts Center.

Ms. Ramsberger stated they did other peer reviews. They are testing their technology, Back of House, and food and beverage. She added they have Americans with Disabilities Acts (ADA) consultants, but they usually don’t have disabilities, so they brought in a team of people who have disabilities and asked them how the Center can be something that will work for them.

Ms. Ramsberger presented a video displaying a virtual tour of what the Center will look like upon completion and then displayed an aerial map of the site to indicate the surrounding streets and buildings.

Ms. Ramsberger stated there are a few buildings which are commercial development. One building is a hotel, which contains 250 rooms. Another one of the buildings is a 300,000-square-foot office tower, as well as a back parcel that can be a mixed-use facility. They are considering an educational component to the Center.

Ms. Ramsberger stated the art center itself was anticipated to be built at one time with a cost of the project being around $425 million. She indicated that in 2008 they were $16 million away from completing the funding four years before the project opens.

Ms. Ramsberger stated that in 2008 one of their funding streams, which was the Tourist Development Tax in Orange County, was delayed. She added that they cannot change their business model. They have already raised $80 million. The Board of Directors decided to cut the building in half and wait until the economy recovers and then they will build the rest of the building.

Ms. Ramsberger presented an aerial map that displays the first of the three stages of the project. She indicated the first stage is composed of a 2,700-seat, Broadway-style hall entitled the Disney Theater and a 300-seat hall for children, seniors or people that want to explore new avenues in performance.

Ms. Ramsberger advised they broke ground for the project in 2011. They are in their 27^th month of construction, and the total construction value is $230 million at this point on Stage 1. The grand opening of the center is November 6, 2014.

Ms. Ramsberger presented an aerial map displaying Stage 2 of the project. She indicated they have $37 million to raise to finish the project. She added that Stage 2 consists of a 1,700-seat and a 1,500-seat acoustical hall.

Ms. Ramsberger stated they cut the building in half and the Codes have changed. She stated they are completing their capital campaign and they hope to break ground in construction a few months after they open Stage 1, making the grand opening for the entire facility in 2018. She stated the second phase of the project is approximately $136 million in contract value.

Ms. Ramsberger stated that in terms of accessibility, if they are 100 percent active in Stage 1, they only need approximately 880 parking spaces, but they have about 4,000, which are within walking distance. They are also using their light rail and connecting the project with light rail. They have already established relationships with Pedi cabs to make the experience enjoyable and easy.

Ms. Ramsberger discussed the regional impact the Center will have on Seminole County. She stated that Seminole County residents attend three to five cultural events each year, and 61% wish to have more choices for arts and cultural events. She added 40% of Seminole County residents have Broadway season tickets. She stated the center is only from 8 to 20 miles away from Seminole County.

Ms. Ramsberger expressed her opinion on arts education being important to children and seniors. She believes that arts education helps with general education and cultural life while going through school, and also helps with self esteem, confidence, public speaking, relationships, interaction with people and teamwork. She added most artistic organizations work like sports teams with different titles.

Ms. Ramsberger stated that the economic impact will be significant. The total project is going to have 6,800 jobs just for the arts center. She discussed the budget of the project and stated that it is a $514 million project. In 2008, the project was a $425 million project. She stated that when you cut a building in half and $120 million of your project funding is delayed, it impacts the project. They are only $37 million away from finishing the project, so they have almost made the difference up of the huge economic impact of the delay. She said they have $35 million that is waiting for the project, but they have to raise the $37 million by the end of the year in order to receive the $35 million that comes from philanthropy and other public funding. Ms. Ramsberger stated 93 percent of the project is entirely funded.

Ms. Ramsberger stated that the Dr. Phillips Center for the Performing Arts will be doing other events and programs outside of Broadway shows. They are already considering their next big facility which will be related to arts education.

Ms. Ramsberger stated they are community based, and they are writing curriculum with different associations and several counties, including Seminole. They are school based, so they will be working with classrooms. They have a technology initiative where they can put distance learning into their school systems if they have those relationships. They are performance based, focusing on bringing great artists outside of this region to teach communities with those particular types of art forms. She stated they will also be considering professional development and how to educate their teachers.

Ms. Ramsberger displayed a time-lapse video of the construction of the project from start to its current status.

Ms. Ramsberger displayed a list of centers that Dr. Phillips Center for the Performing Arts is aspiring to be like. She also stated that Chairman Dallari and Commissioner Carey have toured the facility and extended an invitation to the rest of the Commissioners.

Upon inquiry by Commissioner Carey, Ms. Ramsberger stated the projected economic impact in Central Florida, once the center is completed, is $24 million upon opening and they hope to grow that over the coming years. She added that a lot of the existing art centers of this kind are in communities that are a little bit more mature, so there are more resources that come in to grow it. She stated eventually they have the capacity to get close to anywhere between $60 million and $100 million in terms of the size of the business if they choose to.

Commissioner Carey stated she has had a lot of positive comments from the County’s citizens that are involved in the arts regarding the Dr. Phillips Center for the Performing Arts.

Upon inquiry by Commissioner Carey, Ms. Ramsberger stated that the most important thing they need from the County in order to raise the remaining $37 million is advocacy. Ms. Ramsberger expressed her desire for Seminole County to feel like this project belongs to them as well. She requested that the County help them connect to some of the private leadership and citizens that want to assist in moving this project forward and assist in raising the funds. She invited the Board to bring their circle of influence to the arts center to tour the facility and have a conversation of the importance of philanthropy and the Board’s leadership.

Commissioner Carey stated they currently allocate 30 cents per capita toward the arts and a few years earlier, it had been significantly more. She inquired of Chairman Dallari if it would be possible to explore the option of increasing the per capita contribution to the arts and maybe allocating it specifically to this project for a set period of time.

Commissioner Constantine commended the community for making it this far in the project. He expressed he is proud to watch the project come up from the ground level and see what they will have in the Central Florida community for years to come.

Chairman Dallari stated he believes that the Board of County Commissioners can definitely help with being a part of their team in getting connected to different parts of Seminole County. He also recommended they do the hardhat tour that was recommended by Ms. Ramsberger, as it was very enlightening to him.

Upon inquiry by Commissioner Henley, Ms. Ramsberger explained that the operational budget depends upon their Broadway season. Right now on an annual basis, they earn the majority to balance their budget with the exception of $2 million annually. She also stated they have a business unit that is going to be raising funds annually. She stated that raising funds is actually a positive in a non-profit, as it is another way to bring revenue into the business. She added that in the Ruth Eckerd Hall they raise $3 to $4 million a year to subsidize and support that business. She only projects they will be raising $2 million a year. She added that they have dozens of weddings and other events planned, and the facility will be more than a performance hall.

Commissioner Horan stated he would like to take the hardhat tour that Ms. Ramsberger offered earlier in the meeting.

Ms. Ramsberger gave Commissioner Horan a personal invitation to come by himself and a subsequent invitation to come back with other people.

Chairman Dallari confirmed that Commissioner Carey was correct that they did cut their United Arts funding from 75 cents per capita down to 30 cents per capita.

Commissioner Horan explained that the way the funding works is they put it in; it goes to Seminole County-related arts organizations plus 15 percent.

Chairman Dallari requested that during the budget cycle, the County Manager revisit that and bring them back some options to reevaluate.

Commissioner Carey stated she feels it is important to focus on this project, as it is going to have a positive impact on the community.

Chairman Dallari requested Ms. Ramsberger set up meetings with the Commissioners, so they can understand not just their capital but their operational, and sit down with the County Manager so he can be more involved.

PUBLIC PARTICIPATION

Jay Zembauer, 127 Big Oak Bend, addressed the Board on behalf of the Lake Pickett MSBU members, the Chuluota Community Association, as well as the Lake Pickett Lake Owners Association. Mr. Zembauer stated the reason he attended the meeting was to bring to the Board’s attention the concerns the community has regarding the project that is taking place in Orange County, bordering Seminole County right up against the rural boundary. The community is concerned that the MSBU is funded by the residents and the owners who have deeded lake access to Lake Pickett.

Mr. Zembauer stated the project will be approximately 2,500 acres and will be approximately 50 percent larger than Avalon Park, which is right against the existing project. He stated this is a text amendment, so in fact, everything that is on the platform right now is just a concept. He expressed that the concern is due to the Big Econ watershed and the fact that the Chuluota area, which lies in Seminole County, takes water not only from the Big Econ watershed, but also from the St. Johns and the Little Econ watershed, with the majority of it flowing north from Orange County into Seminole County.

Mr. Zembauer stated that staff has been actively testing the lakes in Seminole. He stated Lake Pickett is one of the most pristine lakes in the region and has a lot of aquatic plant growth that exists nowhere else in any other lake in Central Florida. He added the concern is with nutrient levels that will increase with development and stormwater runoff, that those MSBU units will be impacted, meaning that taxpayers that are funding for the care of this lake will be impacted and have to pay for this cleanup at some future date.

Mr. Zembauer urged the Board to voice their concern to Orange County. He also believes there needs to be nutrient studies in the lakes to get a baseline. He believes there needs to be an overall watershed study since there is none that takes this part of Seminole County into account. He stated that Orange County has some watershed studies, but not all.

Mr. Zembauer expressed his concern about the lack of study as the Seminole County side won’t know what is coming in from the Orange County side. He stated the flow that already exists, which starts in Orange County, flows through the Lake Pickett watershed into the Lake Mills watershed, up to the Econ into the St. Johns, is a very unique and somewhat different watershed than in other regions. He stated this will be a DRI and they have no Interlocal Agreement with Orange County. He feels it would be wise of the Board to voice their concerns to Orange County in writing and offered his assistance in walking the members of the Board through the watershed to help them better understand the issue of what is going on.

Commissioner Constantine stated he feels it is important to get to the point where they are working directly with Orange County to express their concerns while having a standing in the discussions as they go forward.

Chairman Dallari agreed with Commissioner Constantine and stated the County needs to first understand what they are doing. He stated they have not had a formal presentation to the County Commission of Orange County. He stated Orange County is waiting to get the information as well. He stated he feels that staff needs to continue monitoring it and report back to the Board so they can understand what is actually taking place.

Commissioner Carey stated she feels like working with Orange County on the watershed will be a very easy thing to do. She hopes that lessons that have been learned from others of how to protect the rural boundary will be put into place.

Chairman Dallari stated he feels that a nutrient study needs to be done on Lake Pickett.

Mr. Zembauer stated that funding will be somewhat of a concern. He stated he understands the project is currently just a concept, but they want to make sure their elected officials understand what the concerns are in that area. He also stated they are not against development. He added their goal is to have responsible development so that the impact is minimized and the impact does not cost the MSBU taxpayers at some point to clean up somebody’s mess.

Upon inquiry by Commissioner Horan, Mr. Zembauer stated that January 16^th was the final Planning & Zoning meeting for the project. After that, it will move on to the Board of County Commissioners. He stated it is scheduled for the 28^th of January for the Orange County Board of County Commissioners. He added there is a lot of community participation on the Orange County side and there have been members there from the Seminole County side strictly to understand and hear what is going on.

Mr. Zembauer stated the project started off with 2,500 units against the Seminole County border, and at the second Planning & Zoning meeting it was scaled back to 2,000. He stated when they inquired why that was, they were told that it was an agreement with Seminole County. He said they have requested a copy of the interlocal agreement that drives that statement and they have not received it.

Chairman Dallari stated they do not have an interlocal agreement on buffers or density.

Mr. Zembauer advised the Board that there have been no studies and they are asking for a text amendment change and simultaneously running with a comprehensive land use plan. He stated the concern is that the document they have been putting out showing the development is strictly a concept. He feels the whole plan is liable to change.

At the request of Commissioner Carey, Mr. Zembauer submitted a copy of the new concept plan (received and filed.)

COUNTY MANAGER’S CONSENT AGENDA

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

Community Services

Business Office

4. Approve and authorize the Chairman to execute the 2012 Continuum of Care Program Grant Agreement, as shown on page ______, to receive $254,111 in Shelter Plus Care Program funding to assist disabled, chronically homeless individuals with rental assistance.

Community Development Division

5. Approve and authorize the Director of Community Services to execute the ESG-Rapid Re-Housing Landlord Agreement and the ESG-Rapid Re-Housing Tenant Agreement, as shown on page ______, to help move the homeless into permanent housing.

Leisure Services

Tourism Development Division

6. Approve and authorize the Chairman to execute an Agreement, as shown on page ______, with Florida Collegiate Summer League Inc. in the amount of $11,550 for the 2014 Florida League High School Invitational Tournament to be held March 17-21 and 24-28, 2014.

7. Approve and authorize the Chairman to execute an Agreement, as shown on page ______, with Spring Break Sports Inc. in the amount of $15,500 for the 2014 Spring Break Tennis Program to be held February 22 - April 5, 2014.

8. Approve and authorize the Chairman to execute an Agreement, as shown on page ______, with Crappie Masters, Inc. in the amount of $8,500 for the 2014 National Qualifier and Final Leg of the Florida State Championship to be held on Lake Monroe on January 31-February 1, 2014.

Public Works

Engineering Division

9. Adopt appropriate Resolution #2014-R-3, as shown on page ________, and authorize the Chairman to execute a Local Agency Program Agreement, as shown on page ______, with the State of Florida, Department of Transportation, for the construction of intersection improvements at Mitchell Hammock Road and State Road 426. The project will provide for a second westbound left-turn lane onto southbound State Road 426 (FDOT - FPN: 434782-1-58/68-01).

10. Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page ______, between Seminole County and the City of Oviedo for Utility Relocation of Water-Main Mitchell Hammock Road and State Road 426.

Resource Management

Business Office

11. Approve and authorize the Chairman to re-execute Grant Agreements, as shown on page ______, to standardize language requirements with the State of Florida, Division of Emergency Management for the FY 2013 State Homeland Security Grant Program.

12. Approve to submit an Application to the U.S. Department of Justice in partnership with SafeHouse of Seminole requesting up to $400,000 in grant funding through the Safe Havens: Supervised Visitation and Safe Exchange Grant Program; and authorize the Chairman to execute any documents as may be required for the application.

Budget and Fiscal Management Division

13. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-4, as shown on page ______, implementing Budget Amendment Request (BAR) #14-003 through the Water & Sewer Operating Fund & Water & Sewer (Operating) Capital Fund in the amount of $482,753 for the Heathrow Well Equipment Improvements project. The Water & Sewer Operating Reserves available after this project will total $15,782,277.

14. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-5, as shown on page ______, implementing Budget Amendment Request (BAR) #14-020 through the Water & Sewer Operating Fund in the amount of $26,352 to make an adjustment to the equipment carryforward adopted on December 10, 2013.

15. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-15, as shown on page ______, implementing Budget Amendment Request (BAR) #14-022 through the Economic Development Trust Fund in the amount of $238,977 to carryforward unexpended project funding from the FY 2012/13 Budget to the FY 2013/14 Budget.

16. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-6, as shown on page______, implementing Budget Amendment Resolution (BAR) 14-023 through the Court Support Technology Fund to increase capital equipment by $7,500 for upgrading the State Attorney's document storage system. Funding is available within the operating budget.

17. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-7, as shown on page ______, implementing Budget Amendment Request (BAR) #14-024 to increase the transfer to the Property Appraiser's Office in the amount of $28,799, using reserves from the General, Fire, and Transportation Trust Funds. Budgeted reserves in these funds prior to this agenda item are $45,849,456 (General), $23,743,317 (Fire), and $969,593 (Transportation).

18. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-8, as shown on page ______, implementing Budget Amendment Request (BAR) #14-025 through the Public Works Grants Fund in the amount of $217,531 to recognize grant funding and establish budget for the construction phase of the Walker Elementary School (Snow Hill Road) Sidewalk project. FPN# 429598-1-58/68-01.

19. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-9, as shown on page ______, implementing Budget Amendment Request (BAR) #14-026 to increase the transfer to the Clerk of the Court in the amount of $116,000 using General Fund Reserves for consultant costs related to the implementation of the Enterprise Resource Planning Software (JD Edwards). Prior to this agenda, General Fund Reserves are budgeted at $45,849,456.

Purchasing & Contracts Division

20. Affirm the five best qualified short-listed firms under PS-9092-13/RTB, Architectural and Engineering Services for Seminole County Sports Complex Projects, and authorize staff to schedule Presentations and Interviews for the February 4, 2014 BCC Special Meeting.

21. Approve Change Order #3, as shown on page ______, to CC-8159-13/AMM CDBG Disaster Recovery Program Reconstruction at 218 Tuskegee Drive, Sanford, with Corinthian Builders, Inc. of Lake Mary in the amount of $11,031.30; add an additional 129 calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order. This is a budgeted Project and funds are available in the HOME Program 10/11.

22. Approve Change Order #1, as shown on page ______, to CC-8459-13/AMM, HOME Program Reconstruction at 1318 Shepherd Ave., Sanford, with Linton Enterprises, Inc. of Sanford in the amount of $6,670; add an additional 35 calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order.

23. Award CC-9072-13/AMM Master Services Agreement (MSA), as shown on page ______, for Residential New Construction and Reconstruction Projects to All-In Construction Services, LLC of Longwood; Black Street Enterprises, LLC of Port Saint Lucie; Corinthian Builders, Inc. of Sanford; Linton Enterprises, Inc. of Sanford; and Svenson Construction, Inc. of Apopka; and authorize the Purchasing & Contracts Division to execute the MSAs (Estimated Annual Usage Amount of $700,000).

24. Award CC-9126-13/RTB, as shown on page ______, Construction Services Agreement for Intersection Improvements on SR 46 at Jungle Road and Rest Haven Road in the amount of $695,965.52 to Masci General Contractor, Inc. of Port Orange; and authorize the Purchasing & Contracts Division to execute the Agreement.

25. Award CC-9140-13/RTB, as shown on page ______, Construction Services Agreement for Heathrow Well Equipment Improvements in the amount of $758,600 to Sawcross, Inc. of Jacksonville; and authorize the Purchasing & Contracts Division to execute the Agreement.

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

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

Clerk’s Office

26. Approval of Expenditure Approval Lists dated November 18 and 25, and December 2, 9 and 16, 2013; and Payroll Approval Lists dated December 5 and 19, 2013; approval of the BCC Official Minutes dated November 19, 2013; and noting, for information only, the following Clerk's "Received and Filed":

1. Home Ownership Assistance Program Mortgage Deeds, as shown on page ______, for the following: Ezell & Rebecca Allen; Gloria Cummings; Jimmy Saddler; and Revonda Hooks.

2. BOA Development Orders, as shown on page ______, as follows: #13-30000077, John & Kathryn Muether; #13-30000076, Edward & Rebecca Puskaric; #13-30000079, M/I Homes of Orlando; #13-30000074, Andre & Laurie Hickman; and #13-30000075, Luis Pirez.

3. CC-8794-13 Contractor Services Agreement, as shown on page ______, for CDBG Program Residential Rehabilitation at 1820 Alexander Avenue, All-In Construction Services, LLC.

4. Recorded Partial Release of Mortgage for First and Second Mortgage and Special Warranty Deed, as shown on page ______, for FB School Holdings, LLC.

5. Amendment #4, as shown on page ______, to Work Order #15 to PS-5438-10.

6. Performance Bond, as shown on page ______, in the amount of $83,753.45 and Certificate of Title for the project known as Meritage Homes of Florida, Inc. per plat approval on November 19, 2013.

7. Work Order #3, as shown on page ______, to PS-8146-12.

8. Work Orders #5 and #6, as shown on page ______, to PS-8072-12.

9. Second Amendment, as shown on page ______, to IFB-601635-13 ______.

10. Amendment #1, as shown on page ______, to Work Order #11 to PS-4736-09.

11. Local Agency Program (LAP) Agreement, as shown on page ______, with the Department of Transportation (FDOT) for the construction of sidewalks along both sides of Snow Hill Road in the vicinity of Walker Elementary School, per Resolution #2013-R-226 approved September 24, 2013.

12. Amendment #1, as shown on page ______, to IFB-601457-12

13. Amendment #1, as shown on page ______, to Work Order #4 to PS-6487-11.

14. Recorded Warranty Deed, as shown on page ______, with Centennial Bank and Federal Deposit Insurance Corporation.

15. Change Order #2, as shown on page ______, to CC-8159-12.

16. RFP-8833-13, as shown on page ______, SunRail Station Area Study Plan Consultant Services Agreement, IBI Group (Florida).

17. Change Order #1, as shown on page ______, to CC-8460-13.

18. Change Order #1, as shown on page ______, to CC-8458-13.

19. Maintenance Bond, as shown on page ______, for Streets, Curbs and Storm Drain in the amount of $92,312.10 for the project known as Coventry.

20. Performance Bond, as shown on page ______, in the amount of $24,067.14 and Title Opinion for the project known as Enclave at Bear Lake Subdivision.

21. CC-9038-13 Construction Services Agreement, as shown on page ______, for NSP3 Grant Residential Rehabilitation at 1016 McCully Court, Black Street Enterprises, LLC.

22. Change Order #4, as shown on page ______, to RFP-7687-12.

23. Recorded Warranty Deed, as shown on page ______, for Meritage Homes of Florida, Inc.

24. Contract for Services, as shown on page ______, for Thomas A.D. Jones, III.

25. CC-9037-13 Construction Services Agreement, as shown on page ______, for NSP3 Program Residential Rehabilitation at 1016 Bartlett Court, Svenson Construction.

26. Amendment #1, as shown on page ______, to Work Order #31 to PS-5190-05.

27. Agreement, as shown on page ______, for Purchase and Sale of Water and Wastewater Assets with Savannah Meridian Acquisitions, LLC, per BCC approval on July 23, 2013.

28. Denial Development Orders, as shown on page ______, as follows: #13-30000081 Marilourdes Diaz-Deyo Trustee FBO variance; and #13-30000078, Adams ORL, LLC.

29. Copy of Recorded Deed, as shown on page ______, Ronald & Gloria Taylor, per approval of Purchase and Sale of Land on November 19, 2013.

30. Copy of Recorded Deed, as shown on page ______, Elgan Stappe, II, per approval of Sale and Purchase Contract on September 10, 2013.

31. Closing Documents and Title Policy, as shown on page ______, for Property Purchased by County from Elgan Stappe, II, per BCC approval on September 10, 2013.

32. Maintenance Bond, as shown on page ______, for Water & Sewer Facilities in the amount of $65,501.90 for the project known as Coventry at Heathrow.

33. Water & Sewer Improvements Cash Maintenance Bond with Maintenance and Escrow Agreement, as shown on page ______, in the amount of $32,179 for the project known as Enclave at Bear Lake.

34. Water & Sewer Improvements Cash Maintenance Bond with Maintenance and Escrow Agreement, as shown on page ______, in the amount of $1,297.82 for the project known as Kandor Dental Spa.

35. Work Order #52, as shown on page ______, to RFP-8312-12.

36. Work Order #2, as shown on page ______, to PS-8146-12.

37. Work Orders #107 & #108, as shown on page ______, to PS-5120-02.

38. Amendment #3, as shown on page ______, to Work Order #31 to PS-4388-09.

39. Neighborhood Stabilization Program Mortgage Deed, as shown on page ______, for Mount Olive Missionary Baptist Church.

40. CC-9035-13 Construction Services Agreement, as shown on page ______, for NSP3 Grant Residential Rehabilitation at 1044 Burnett Street.

41. Lakeside Estates Planned Development Developer’s Commitment Agreement, as shown on page ______.

42. Amendment #1, as shown on page ______, to Work Order #15 to RFP-7423-12.

43. Amendment #2, as shown on page ______, to Work Order #8 to PS-2051-07.

44. Amendment #3, as shown on page ______, to Work Order #39 to PS-4388-09.

45. Work Order #2, as shown on page ______, to PS-8148-12.

46. Work Orders #60 & #61, as shown on page ______, to PS-4388-09.

47. Amended Clerk’s Budget for FY 2012/13, as shown on page ______.

48. Amendment #1, as shown on page ______, to Work Order #1 to PS-7105-11.

49. Executive Order #2, as shown on page ______, establishing Emergency Fire Prevention Regulations for Burn Ban Implementation.

50. Work Orders #16 & #17, as shown on page ______, to CC-8199-12.

51. Amendment #1, as shown on page ______, to Work Order #6 to PS-8047-12.

52. Letter to Maryanne Morse, Clerk of Circuit Court, from Congressman John Mica relating to financing and progress of the SunRail project.

53. Work Order #8, as shown on page ______, to PS-8047-12.

54. Work Order #5, as shown on page ______, to PS-8186-13.

55. Amendment #1, as shown on page ______, to Work Order #31 to PS-2249-07.

56. Contract for Services, as shown on page ______, for Lee Perry.

57. Work Order #9, as shown on page ______, to RFP-5847-10.

58. 2014 meeting schedule for the St. Johns River Water Management District’s Governing Board.

59. Amendment #3, as shown on page ______, to Work Order #7 to PS-2051-07.

60. Work Order #19, as shown on page ______, to PS-5438-10.

61. Amendment #2, as shown on page ______, to Work Order #1 to RFP-CS01-1.

62. Letters of Appointments and Reappointments as follows: Theo Hollerbach and Gregory Pflug to Tourist Development Council; William Carpenter to MetroPlan Transportation Study Citizens Advisory Committee; Esther McKean to the Law Library/Fred R. Wilson Memorial Board of Trustees; Tom Boyko to the Parks and Preservation Advisory Committee; Russ Hauck to the Code Enforcement Board; Nancy Irish and Mark Wesson to the Contractor Examiners Board; Eunice Mann to the Historical Commission; and Debra Garrambone to the Animal Services Board.

63. Letter to Commissioner Horan from Joel Martin relating to Lake Jesup Nature Center.

64. Amendment #2, as shown on page ______, to RFP-600453-08, Paradise Marketing per BCC approval on November 19, 2013.

65. Closing Documents, as shown on page ______, for property purchased by the County from Ronald O’Neal Taylor and Gloria Fay Taylor for property at 3250 East Lake Mary Blvd., for the Sports Complex Project.

66. Bids as follows: CC-9025-13; CC-9035-13; CC-9037-13; CC-9038-13; IFB-601883-13; IFB-601879-13; RFP-9059-13; IFB-601866-13; IFB-601860-13; CC-9072-13; and RFP-601871-13.

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

REGULAR AGENDA

Tom Tomerlin, Economic Development Director, addressed the Board to present a request to consider a Resolution recommending that Advanced IT Concepts, Inc., be approved as a Qualified Target Industry Business (QTI). The parameters associated with this particular project are the creation of 50 new jobs over the course of five years paying an average wage of $44,778, which is 115 percent of the County’s average annual wage according to last year’s numbers, a capital expenditure after the end of the 5-year period of $1.87 million.

Mr. Tomerlin advised that AITC offers a host of IT services, including system development and system insertion. They also specialize in complex DOD (Department of Defense) projects. The funding request for today is for $50,000, which represents a 20 percent match for the State’s Qualified Target Industry Tax Refund Program, and will be divided into $1,000 per job. The building in which they seek to purchase is in unincorporated parts of the County, so there is no city partner on this particular QTI. Staff recommends approval of the request as well as approval of the Budget Amendment Request for $50,000

District Commissioner Dallari recommended approval of the resolution.

Upon inquiry by Commissioner Carey, Mr. Tomerlin explained the QTI program process and how the qualified industry will get paid.

Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-10, as shown on page _______, recommending that Advanced IT Concepts, Inc. be approved as a Qualified Target Industry (QTI) business; to approve Resolution #2014-R-33, as shown on page ________, for appropriation of $50,000 as local participation in the QTI tax refund program; and to approve a transfer of funds from the General Fund Reserves to the Economic Development Trust Fund, subject to staff’s recommendations and conditions.

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

COUNTY MANAGER AND STAFF BRIEFINGS

The Board noted, the informational Budget Transfer Status Report for FY 2012-13, and the Informational Budge Transfer Status Report for FY 2013/14.

--------

Chairman Dallari advised that the Legislative Update will be moved to the afternoon session.

COUNTY ATTORNEY BRIEFING

No report.

-------

Chairman Dallari recessed the meeting at 10:35 a.m.; reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Clerk of the Court Maryanne Morse, and Deputy Clerk Erin Leben who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Carey, seconded by Commissioner Horan, 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

BOA APPEAL/George Kramer

Continuation of a public hearing to consider an Appeal of the Board of Adjustment decision to approve a Special Exception for a Marina in the A-3 (Agriculture) district, for property located on the north side of Black Hammock Road, approximately 150 feet east of Palm Drive, particularly known as 2332 Black Hammock Road, Robert King & Shari King, appellant and George Kramer, applicant representing Hammy Land, LLC.

Denny Gibbs, Planning & Development, addressed the Board to present the request. She reviewed the timeline of the Lake Jesup Nature Center Special Exception approval and appeal hearings. She stated that revised Development Orders (received and filed) from both the appellant and applicant, which were the result of a meeting between the two parties, have been distributed to the BCC.

James Lussier, Mateer & Harbert, representing the appellant, read a statement (not received and filed). Mr. Lussier stated that at the request of the BCC, a decision on the neighbors’ appeal of the BOA decision allowing the Nature Park had been tabled until today so the parties might seek a compromise. Hammy Land, the applicant, refused to discuss the existing Fish Camp operations and agreed to meet only if the topic was restricted to the Nature Park application. The origin of the neighbors’ many concerns is the historic track record of unregulated expansion of the Fish Camp operation. A meeting was held on January 3^rd. Recognized by the parties at the meeting, the changes were submitted by the neighbors without dropping the appeal or eliminating their opposition to the proposal even if modified by the proposed changes they themselves submitted. He stated that absent of the neighbors vocal opposition, the application would have been approved last summer, and he listed the specifics of that Development Order for the Nature Center, calling it “toothless.” He listed two flaws that still exist and are in the revised Development Order now being presented stating they are based upon the flawed and illogical premise of calling a land-access-only, single-user dock, a marina; and the flawed conclusion that the active land-based uses of cottages, no longer a golf course, but a gift shop and Nature Center, are accessories to the non-existent marina, when they derive no part of their existence or value from the presence of that “non-marina”. He further stated that these flaws demand denial of the application and the granting of the appeal. He stated that County staff has bent the Code to fit the application instead of applying the Code to deny it. He concluded by stating that if all active uses are stripped from the plans including cottages, the gift shop, the Nature Center, the tours and commercial boat operation, there will be nothing for the BCC to decide because then you would have a passive park.

George Kramer, Kramer & Little representing the property owner, addressed the Board and submitted into the record correspondence (received and filed) sent by Mr. Kramer on December 27, January 8 and the resubmitted revised Development Order on January 9. He displayed a PowerPoint presentation (received and filed) and stated the idea that a passive park could be created without any land alteration, i.e. restroom and parking facilities, just doesn’t make sense because some accommodations must be provided for the primary use. He stated the project is in keeping with the rural character; it is consistent with the zoning and is consistent with the Comprehensive Plan. He stated the Comprehensive Plan includes the statement, “provide opportunities for nature-based recreation” and that is what they are trying to do, to uphold the Comprehensive Plan’s vision for this area by providing those opportunities. He added that with a privately–owned passive park, there needs to be opportunities to create some kind of revenue for the maintenance of a 20-acre passive park, and it needs to be reasonable and low intensity. He reviewed the Mission Statement, Project Support from a portion of the neighbors, the 12-Month Planning Process, a list of Appellant Suggestions showing that the Applicant accepted 10 of the 15 suggestions, with two being modified in connection with the gift shop and snack shop structure, and three that were not agreed to that included restrictions on Special Event permits, marketing regulations, and the non-consensual towing provisions. Mr. Kramer displayed an aerial pictorial of the proposed Nature Center showing separate clusters of a total of 15, 500-square-foot cabins. He reviewed Passive Parks and Boat Ramps that are included on the County’s website and listings of Passive Parks – Boats and Camping, and State Parks with Cabins. He added there is opportunity in the Development Order to launch kayaks, canoes or other non-motorized boats; the dock is not solely for the operation of the pontoon boat. There is also opportunity to fish and play a variety of sports. He discussed Alternative Development Scenarios and the Planning Manager’s determination of nominal impacts supported by staff, the Board of Adjustment’s decision, the Comprehensive Plan, and zoning.

Jeffry Frazier, 411 Racoon Trail, addressed the Board to state he feels this would be like putting a little motel on the property; it is limited use, but the language states, “occupancy of cabin shall be limited to a temporary occupancy” and “rentals shall be no longer than a three-week term for each renter.” He said the language does not define “term” and is vague and ambiguous because it doesn’t limit how many terms.

Written comments submitted by Don Epps, 144 Peacock Drive, were read into the record.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Commissioner Horan stated he had ex parte communications and the appeal and evidence were not discussed, and his decision in this matter will be based totally on the evidence and testimony adduced at the public hearing.

Commissioner Carey stated that most of the BCC received emails regarding this and they were advised by the County Attorney that the public hearing had been closed so the Board members were not to discuss this. She has ex parte communications that she will submit to the Clerk at the end of all of the public hearings that include emails and phone calls to which she did not respond.

Chairman Dallari advised for the record that any and all documents he received have been submitted to the County Attorney.

Commissioner Henley stated that he had no ex parte communications; however, he did receive an email from Mr. Epps in opposition to the approval.

Commissioner Constantine stated he received the same email from Mr. Epps and has received all the copies of correspondence distributed by the County Attorney.

District Commissioner Horan stated he wanted to explain the reasoning behind the decision he has made. He said the Board in this matter is acting in a quasi judicial capacity and they have jurisdiction at this time. He reviewed the series of actions that resulted in two proposed Development Orders, one from the applicant and one from the appellant. He advised this is an appeal de novo, which means they can hear additional evidence. He said evidence and testimony in support of the appeal was received and considered as part of the public hearings that were held before the BCC. He noted that staff has recommended approval of the Special Exception and he has confirmed all the findings made by the staff. He said he has reviewed and analyzed the evidence and testimony presented at the public hearings and concludes that they would not support a reversal of the Board of Adjustment’s decision to grant the Special Exception. He stated consistent with those findings he concludes that there is substantial amount of competent, substantive evidence in the record to make the specific conclusion of law that was made by the Board of Adjustment that support all of the prerequisites for the granting of the Special Exception in this matter. He said those conclusions support the legal conclusions that the granting of the proposed Special Exception (1) is not detrimental to the character of the area or neighborhood nor inconsistent with the trends of development in the area; (2) the findings and the evidence support the conclusion that it does not have an adverse affect on existing traffic patterns, movements or volume; (3) it is also supported in the record that this particular Special Exception is consistent with the Seminole County Comprehensive Plan; (4) is generally consistent with the Rural Zoning Classification in that it is not highly intensive in nature, in fact it is compatible with the concept of low density rural land use and does not require increased levels of government service; and (5) it will not adversely affect the public interest. In fact, it is clear from the evidence and consistent with the position maintained by the appellants in this appeal that this rural nature-based recreation facility would act as a buffer between the more active uses of the Black Hammock Adventures property, which is contiguous to the west of the subject property and the rest of the neighbors. He stated that consistent with that proposition, his recommendation is to uphold the BOA’s decision.

Motion by Commissioner Horan, seconded by Commissioner Carey, to uphold the decision of the Board of Adjustment to approve a Special Exception for a Marina in the A-3 (Agriculture) district for property located on the north side of Black Hammock Road, approximately 150 feet east of Palm Drive, particularly known as 2332 Black Hammock Road, with the conditions identified in the refined and extended proposed Development Order submitted by George Kramer and by the appellee, with the addition of the expanded condition as follows: landscape buffers on the southern and the eastern borders of the property shall be extended from 10 feet to 20 feet, consistent with the buffers that are on the western border of the property, so that there would be a 20-foot landscape buffer around the entire property, as described in the proof of publication, Robert King & Shari King, appellant and George Kramer, applicant.

Under discussion, Commissioner Carey commented on the short amount of time the Board was given to review both proposed Development Orders submitted by the appellee and the appellant.

Commissioner Constantine stated in the original proposal, there were seven cabins with a “putt-putt” course and now the proposal is for fifteen cabins and no “putt-putt” course, and he questioned how that will affect the density and activity. Ms. Gibbs advised that from traffic count and volumes, the mini-golf course would have higher peak-hour trip rates than the guest cabins. Upon further inquiry by Commissioner Constantine, Ms. Gibbs advised the Development Order calls for two acres of habitat restoration per year starting at the time of site plan approval and there is a list of trees and native shrubs they intend to use.

Commissioner Carey expressed concerns regarding runoff landscaping.

--------

Chairman Dallari recessed the meeting at 2:05 p.m. to give the Board an opportunity to review the Development Order; reconvening at 2:12 p.m.

--------

Commissioner Carey stated that in the revised Wekiva Island Development Order, they require that Special Events are limited to four per calendar year and they are required to get approval for each from the BCC. Ms. Gibbs stated staff could add that as a condition.

Upon inquiry by Chairman Dallari, Ms. Gibbs stated the pontoon boat is 35 feet in length. Commissioner Carey confirmed that the revised Development Order limits the size of the dock to 800 square feet but does not limit the size of the boat. Ms. Gibbs advised that in the Development Order that staff originally put forward, the dock size was limited, but if it was necessary to increase that due to the median high-water line, they would then come back to the BCC for approval.

Commissioner Carey confirmed that the parking capacity would be limited to a maximum of 40 vehicles.

Discussion ensued regarding the number of guest cabins to be allowed and the requirement of BCC approval for each Special Event permit.

Upon inquiry by Commissioner Constantine, Ms. Gibbs advised that the property is zoned A-3 and there are eight upland acres, which would allow up to three primary houses and three accessory dwelling units. Commissioner Henley confirmed that the property consists of 20 acres with only eight upland acres, which would mean 12 wetland acres, and he stated there is already an existing residential home on the property.

Nicole Guillet, Development Services Director, clarified that a dwelling unit is anything that has a full kitchen, and an accessory dwelling unit is a second home with a full kitchen on the same lot as another house. The guest cabins are not considered dwelling units. Upon inquiry by Commissioner Henley, Ms. Gibbs stated the limitation in size of an accessory dwelling is 35% of the size of the main structure.

Further discussion involved the setbacks, parking and peak hour trip rates for the mini-golf versus the guest cabins.

Upon inquiry by Commissioner Constantine, the slide showing the 15 suggested changes to the original Development Order was displayed. Ms. Gibbs pointed out those marked as accepted and stated the two modifications noted include the gift shop/snack bar, which was modified to 1,000 square feet and the change in the number of cabins. Commissioner Constantine added that to be clear and fair to the appellant, they were sending suggestions, but this was if it was approved; they still do not want it approved.

Upon comment by Commissioner Carey, Commissioner Constantine stated that the one modification they are struggling with is going from seven cabins to fifteen cabins. Commissioner Carey suggested changing it to ten cabins and Commissioner Horan stated that intensity is the most important thing here. Commissioner Carey explained the calculations that brought her suggestion to ten and Commissioner Constantine added that the footprint is a lot less with three homes than with ten or fifteen cabins that will be rented out for up to six people at a time. Upon inquiry by Chairman Dallari, Ms. Gibbs stated that in staff’s original Development Order, the one existing single-family home becomes a cabin.

Commissioner Carey suggested a friendly amendment to the main motion to include the 20’ landscape buffer, to add approval of only seven cabins, and a requirement that the maximum of four Special Events per year be subject to BCC approval. Commissioner Horan accepted the amendment to the motion.

Under discussion, Mr. Applegate stated based on the comments today, he would recommend that the Board consider continuing this matter. Commissioner Carey stated they can continue it to the next meeting and the documents would be amended with the changes discussed today. Mr. Applegate reiterated his recommendation to continue this hearing to a time certain two weeks from today. Commissioner Carey stated the amended documents for the next public hearing should be posted to the website.

Commissioner Horan withdrew his motion and Commissioner Carey, as the seconder, agreed to withdraw the motion.

Motion by Commissioner Horan, seconded by Commissioner Carey, to continue to January 28, 2014 at 1:30 p.m. or as soon thereafter as possible, the request to consider an Appeal of the Board of Adjustment decision to approve a Special Exception for a Marina in the A-3 (Agriculture) district, for property located on the north side of Black Hammock Road, approximately 150 feet east of Palm Drive, particularly known as 2332 Black Hammock Road, Robert King & Shari King, appellant and George Kramer, applicant.

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

--------

Chairman Dallari recessed the meeting at 3:40 p.m., reconvening at 3:48 p.m.

PRESERVE AT LAKE SYLVAN

AMENDMENT & REZONE/ Dave Schmitt

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance enacting a Large Scale Future Land Use Amendment from SE (Suburban Estates) to PD (Planned Development); adoption of an Ordinance enacting the associated Rezone from A-1 (Agriculture) to PD (Planned Development); and approval of the associated Master Development Plan and Development Order, for 15.84 acres located on the west side of Orange Boulevard, approximately ¼ mile south of Wilson Road, Dave Schmitt, received and filed.

Joy Giles, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum. She advised the Planning & Zoning Commission voted unanimously to approve the request and the State Land Planning Agency reviewed the request and has no objections. Staff recommends approval.

Dave Schmitt, Dave Schmitt Engineering, addressed the Board to state they concur with staff’s recommendation and thanked the staff for their diligent work.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt Ordinance #2014-1, as shown on page _______, enacting a Large Scale Future Land Use Amendment from SE (Suburban Estates) to PD (Planned Development); adopt Ordinance #2014-2, as shown on page _______, enacting the associated Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Master Development Plan and Development Order, as shown on page _______, for 15.84 acres located on the west side of Orange Boulevard, approximately ¼ mile south of Wilson Road, as described in the proof of publication, Dave Schmitt.

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

BOA APPEAL/Tom Hannah

Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal of the Board of Adjustment decision to deny a side street, east-yard setback variance from twenty-five (25) feet to fifteen (15) feet for an existing single-story room addition in the R-1AA (Single Family Dwelling) district for property located on the southwest corner of Francis Street and Fairview Avenue, particularly known as 895 Francis Street, Tom Hannah/AdamsOrlando LLC, applicant/ appellant, received and filed.

Bill Wharton, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum. He advised that some time in the past, an addition was added to the east side of the existing house. At that time, no building permits were pulled and consequently, no inspections were performed. The appellant, AdamsOrlando LLC, purchased the home in February of 2013. Shortly thereafter, the tenant applied for a fence permit and the unpermitted construction was discovered.

Mr. Wharton added that this is a corner lot and it is considered to have two front yards for setback purposes, one on each right-of-way. The applicant is requesting a variance of 10’ to reduce the east front-yard setback from 25’ down to 15’. There is approximately 12 more feet of right-of-way before the pavement starts, so there is approximately 27’ of open space or grass between the structure and the roadway itself. There are no sidewalks in this area. He stated that over the past five years, there have been about 20 variances approved in this area that included building additions, sheds for pools, and fences.

Commissioner Carey advised that she discovered that the application for the fence permit has already been approved so she did not understand why the Board of Adjustment didn’t see that this was not a big issue.

Berry Walker, Attorney for the applicant/owner, addressed the Board to state that the roof on the dwelling is approximately 13 to 14 years old and the permit has been pulled to replace it. The roof has been over this structure, as a permanent structure, for at least that period of time. He explained this is an older, established neighborhood and there is no Homeowners’ Association. He said the structure is more than 27’ away from the paved roadway and it does not create any problems in the neighborhood. He said the property owner did not create but inherited the problem, and the property was an eyesore and is being rehabilitated and fixed up by the new property owner. He did not attend the BOA hearing but was told that there was some talk of fear of drag racing along Fairview Avenue and that someone could wreck into the structure, but his understanding is that Fairview Avenue is a dead-end street in a residential neighborhood of 25 mph. He stated this is consistent with other variances that have been granted in the area and the tenant would like to see it approved because it is part of her house.

Melissa Wilder, 895 Francis Street, addressed the Board to state that she is the tenant. She advised that she moved into the property in March of 2013 and she is the party that requested the fence. She wondered why the wood privacy fence permit was approved because it backs up to the old addition, but they are denying that. She is concerned because if the addition is to be destroyed, she doesn’t know how that will affect her. She does not want to be forced out of a lease situation.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Henley apologized that the applicant felt the need to hire an attorney for the public hearing because if any member of the Board of Adjustment had visited the site, he feels certain they would have voted differently. He advised he went by the site Monday afternoon to ensure there had been no changes, and staff is correct in that it presents no safety hazard; it is far enough back from the street. He advised it also has a cluster of mature pine trees between the addition and the road. He added that the addition looks as if it were built or designed at the same time the original house was built.

Motion by Commissioner Henley, seconded by Commissioner Carey, to grant the appeal, thereby overturning the Board of Adjustment’s decision in denying a side street, east-yard setback variance from twenty-five (25) feet to fifteen (15) feet for an existing single-story room addition in the R-1AA (Single Family Dwelling) district for property located on the southwest corner of Francis Street and Fairview Avenue, particularly known as 895 Francis Street, as described in the proof of publication, Tom Hannah, applicant and AdamsOrlando LLC, appellant, and to approve the Development Order, as shown on page _______.

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

SEMINOLE COUNTY SPORTS

COMPLEX REZONE

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance enacting a Rezone from A-1 (Agriculture) to PLI (Public Lands and Institutions) for 6 acres located on the north side of East Lake Mary Boulevard, approximately 1100 feet west of Cameron Avenue, Seminole County, received and filed.

Kathy Hammel, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum. The request is for three parcels for public use as part of the Seminole County Sports Complex. Staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt Ordinance #2014-3, as shown on page _______, enacting a Rezone from A-1 (Agriculture) to PLI (Public Lands and Institutions) for 6 acres located on the north side of East Lake Mary Boulevard, approximately 1100 feet west of Cameron Avenue, as described in the proof of publication, Seminole County.

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

KIDS HOUSE REZONE

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance enacting a Rezone from A-1 (Agriculture) to PLI (Public Lands and Institutions) on 1.22 acres located at the southwest corner of the intersection of North Ronald Reagan Boulevard and Hester Avenue from A-1 (Agriculture) to PLI (Public Lands and Institutions), Kids House, received and filed.

Kathy Hammel presented the request as outlined in the agenda memorandum. She advised that Kids House has acquired an additional parcel that currently has a single-family house on it. The Planning & Zoning Commission recommended approval of the Rezone and staff also recommends a rezone of the parcel.

No one spoke in support or in opposition.

Motion by Commissioner Horan, seconded by Commissioner Carey, to adopt an Ordinance #2014-4, as shown on page _______, enacting a Rezone from A-1 (Agriculture) to PLI (Public Lands and Institutions) on 1.22 acres located at the southwest corner of the intersection of North Ronald Reagan Boulevard and Hester Avenue from A-1 (Agriculture) to PLI (Public Lands and Institutions), as described in the proof of publication, Kids House.

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

ZAIDA PROPERTY REZONE/Richard Baldochi

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance enacting a Rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling) for 13.42 acres located on the east side of Tuskawilla Road, approximately ½ mile north of Aloma Avenue, Richard Baldochi, received and filed.

Joy Giles presented the request as outlined in the agenda memorandum. She stated the Planning & Zoning Commission recommended approval of the Rezone and staff also recommends approval of the request.

Tom Daly, Daly Design Group, addressed the Board to state they are here on behalf of the landowner. He stated they are requesting a straight zoning (R-1AA) and the current zoning is Agricultural which is not necessarily consistent with the area. He displayed the Future Land Use and Zoning maps provided in the agenda memorandum and stated the surrounding area around the property is all R-1AA. They originally requested R-1 through a pre-application meeting, but staff indicated that they needed to be consistent with the adjacent properties. He displayed photographs of the property (not received and filed) showing a barn structure and stated there are horses and goats on the property right now. He showed photos of the adjacent properties and said there is a fence line that runs between Bear Creek and this site consisting of a mixture of fences that are new and old. He displayed a final map (not received and filed) that identified an existing conservation easement over the property that had been dedicated to Seminole County, which was done a long time ago, and the flood line that is interior to that wetland line, which was based on an elevation established by Seminole County Engineering as part of the Tuskawilla Road widening. He pointed out a median opening and advised it is their intent down the line to access the property through that median opening, so they would have to come back to the County to request an amendment to that conservation easement. He said there are quite a bit of uplands and it is only a 13½-acre site, but there is still quite of bit of area that they can develop as a subdivision.

Mr. Daly advised the Planning & Zoning Commission (P&Z) meeting was held on December 4 and at the time, they had reached out to the Homeowners’ Association president, but he did not feel the need that they should come to the community. There were neighbors that showed up at the P&Z Commission meeting, so they held a subsequent community meeting on December 12. He advised that a lot of the issues that came out of that meeting were in regard to the physical characteristics of the site including flooding and wetland impacts. The most overriding concern was that developing this property would effectively flood their subdivision because it is perceived to be a lower piece of property. He said they told the neighbors that they are only at the zoning stage right now and when they get to the preliminary subdivision plan stages, they will start looking at more of the physical characteristics of the site. He advised that the existing retention pond where the goats and the horses water is an infill site. He advised they have already made the commitment to meet with the neighbors at the subdivision plan stage, but they haven’t really done a lot of the soils engineering work yet that would answer a lot of their questions. There have been multiple builders that have expressed interest in this property, but they do not yet have a builder. He stated these are 90’ wide lots and advised they are the same size that the surrounding, existing subdivisions have, which are the minimum size for the R-1AA zoning.

John Horvath, 1004 Bradford Drive, addressed the Board to state he lives in a development to the east of the subject property. He said he was born and raised in the area and remembers when all the homes were orange groves or cow pastures. He grew up on Citrus and watched this property for years. He said right now they are in a dry period, but he has seen it when there was quite a bit of water, knee deep in some areas so when they do their topography, they will need to take a look at that and the drainage. He is not against development and said if the economic slowdown hadn’t occurred, the property would have probably been developed before this.

Robert Ries, 4636 Creekview Lane, addressed the Board and said his property is adjacent to the Bear Creek subdivision. He said they anticipate that any work that is going to be done will be done diligently and with good effort. He stated he sent a letter previously and is here to express his concerns which include the possible flooding of the area. The land between his property and the road entering the property slopes out so when it rains heavily, they get water along the fence line. He said the last time this was discussed, it was stated that this would all be addressed properly so the water drains away from there. The second item is the 100-year flood plain and the item of the pond itself. He was of the opinion that it was a natural lake; someone suggested it could have been manmade and over the last 30+ years that residents have been living there, that lake has become almost like a natural area because when there is a lot of water there, the water does run down Gully Creek and Bear Creek, and otters have been seen in the area. He said you can see fish in the water and they have seen turtles crossing over the land. As far as putting a landscape buffer or buffer between the properties, he expects the homes will be well designed. Another concern is the traffic at Bear Creek subdivision. To enter the Zaida development, you have to come down to that circle area and circle around to get in there. He said there are two entrance areas that they put in there when they developed the road and if that is done, it would alleviate the anticipated traffic problem.

Dennis Walters, 4684 Creekview Lane, addressed the Board to state he doesn’t have enough information because he doesn’t know if the houses will be one or two-story. The Corp of Army Engineers said that it was too small for him to get any information on it. He said they don’t even know who the developer is. He said he is on the corner lot and there are only nine neighbors that this will affect; he can see the whole stretch because his property is elevated a little bit, so if they elevate down there, it will be a big mess. He’s heard of citizens that can’t even sell their homes because of flooding in communities like that. Chairman Dallari advised that a lot of the concerns they are hearing today will be addressed during the site plan stage and that right now they are just talking about zoning. Mr. Walters said the owner has the right to build on the land and the Zoning Commission said the same thing. He asked that Chairman Dallari explain this to him. Chairman Dallari explained that at present, the piece of property is zoned Agricultural. The property owner is asking whether it is compatible to the surrounding properties in order to give it the same zoning. If the zoning is approved, they will come back with a site plan and then address the engineering for the flooding, the pond, the elevation, the buffers, the access, the size of the homes and the lots. It is a two-step process. Mr. Walters said he’s seen Clayton Corners and the shopping center, Clayton Crossings, which was supposed to be done in a correct manner and it is a mess because instead of one story, there are two stories, because the money was talking and the money was being followed by the commissioners. He said as a citizen he only gets to speak for three minutes, but if he is a developer with a lot of money, he assumes they can come in here and do what they like.

Commissioner Carey said that it seems as if the developer has been talking with the citizens but they haven’t really had staff talking to them, so maybe they should have staff walk them through the next steps so the citizens understand what the process will be from here and how this process moves forward if the zoning is granted.

Ms. Williams explained the maximum allowable number of dwelling units per acre are dictated by the future land use, which will be four; however, at this point in time, they do not know how many dwelling units can be placed on the lot because they have to determine how much flood plains are there, they have to subtract the right-of-ways and easements, and any conservation areas. Once they have that, they can determine what the buildable lot area is, and then from that, they can determine how many lots can be placed on the property. If the zoning is approved, then the next step for the applicant would be to come in for a preliminary subdivision plan. That is when they show the lot layout, the design of the streets, the easements, and so forth. After that is approved, that would then go to the P&Z for approval or denial, and then if it is approved, they would come back for final engineering. It is at that stage where they review the plans for all the engineering to make sure they can hold the required amount of stormwater on the site. The approval of the final engineering is done through the Development Review Committee process.

No one else spoke in support or in opposition.

Written Comment Form from Cora Jan Hanaman was received and filed.

Speaker Request Forms were received and filed.

Chairman Dallari submitted for the record a fax (received and filed) he received earlier today that he summarized were basically questions on the engineering, the setback, the size of the homes, the wildlife and the drainage. Commissioner Carey submitted ex parte communications (received and filed) from some of the residents and a letter of support that was distributed this morning, as well as all other communications for all of this afternoon’s public hearings.

Mr. Daly confirmed that the flooding areas, the pond, elevation, buffers, access, which is the curb cut on the median, and the size of the homes, will all be addressed during the engineering and the site plan and that will be going back in front of the P&Z for final approval as well as to staff. This is only looking at the compatibility of the density with the surrounding areas.

District Commissioner Dallari recommended approval of the zoning only, as submitted.

Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt Ordinance #2014-5, as shown on page _______, enacting a Rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling) for 13.42 acres located on the east side of Tuskawilla Road, approximately ½ mile north of Aloma Avenue, as described in the proof of publication, Richard Baldochi.

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

Chairman Dallari confirmed with Mr. Daly that he would be meeting with the community to give them an update on the site plan.

NUISANCE ABATEMENT

3450 E. SR 46

Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Resolution issuing an Order to declare the existence of a Public Nuisance at 3450 E. SR 46, Sanford; require corrective action by March 1, 2014; and authorize necessary corrective action by the County in the event the nuisance is not abated by the record owners, Seminole County, received and filed.

Paul Watson, Building Division, addressed the Board to present the request and review the timeline leading up to the request as outlined in the agenda memorandum. Staff recommends approval of the request.

Commissioner Carey requested that the pictures of the homes related to these Orders be displayed. She stated that the four homes are located in the Midway community; that there has been a number of abandoned dwellings that are a nuisance not only for the community, but for law enforcement, with illegal activity going on, and that is the reason they are trying to bring these forward as was discussed in November.

Ericka Ashe, 2500 Crawford Drive, addressed the Board to state the property owners are her mother and deceased grandmother. She advised the photo of the house was incorrect (a correct photo was received and filed). She stated her mother suffers from paranoid schizophrenia and has been in and out of crisis centers and in fact, just got out of the hospital yesterday. She was in the hospital when they tried to serve notices starting in November. She said her mother does not have the money to tear down the property and she had applied for a grant, which Ms. Ashe helped her with, but it was a lot of paperwork and she was overwhelmed and ended up in the hospital. When she came out of the hospital, they were told the funds had run out. She said her mother has been a resident of the Midway area for the last 50 years and is disabled and on a fixed income. She requested that the County take action on her behalf but is concerned that her mother could lose the property.

Commissioner Carey explained that they would not take her property and if the property owner does not do anything by March 1^st, then the County will have the property demolished and whatever that costs will become a lien on the property. It will not take her property, but when and if she sells the property, then that money would be repaid to the County at that time; the lien would be settled as part of the sale of the property. Commissioner Carey advised there are programs available that would help build a home for lower income and needy residents, and if she could get on a list for that, then they could actually build it on that lot. Upon Commissioner Carey’s request, Mr. Watson advised that the demolition in that area has been amounting to between $3,000 and $5,000. Upon further inquiry, Mr. Watson advised it would cost more money to fix the home than it would be to demolish and rebuild it. Commissioner Carey stated that Nicole Guillet will connect her with the Community Services staff who have the grants, which are Federal funds that the County receives through HUD (Housing & Urban Development) to provide assistance to the citizens.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Carey, seconded by Commissioner Horan, to approve appropriate Resolution #2014-R-11, as shown on page _______, issuing an Order to declare the existence of a Public Nuisance at 3450 E. SR 46, Sanford; require corrective action by March 1, 2014; and 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, Seminole County.

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

NUISANCE ABATEMENT

2271 Greenway

Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Resolution issuing an Order to declare the existence of a Public Nuisance at 2271 Greenway, Sanford; require corrective action by March 1, 2014; and authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner, Seminole County, received and filed.

Paul Watson presented the request and reviewed the timeline leading up to the request as outlined in the agenda memorandum. Staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Horan, to approve appropriate Resolution #2014-R-12, as shown on page _______, issuing an Order to declare the existence of a Public Nuisance at 2271 Greenway, Sanford; require corrective action by March 1, 2014; and 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, Seminole County.

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

NUISANCE ABATEMENT

2370 Greenway

Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Resolution issuing an Order to declare the existence of a Public Nuisance at 2370 Greenway, Sanford; require corrective action by March 1, 2014; and authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner, Seminole County, received and filed.

Paul Watson presented the request and reviewed the timeline leading up to the request as outlined in the agenda memorandum. Staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve appropriate Resolution #2014-R-13, as shown on page _______, issuing an Order to declare the existence of a Public Nuisance at 2370 Greenway, Sanford; require corrective action by March 1, 2014; and 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, Seminole County.

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

NUISANCE ABATEMENT

3400 Lincoln Street

Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Resolution issuing an Order to declare the existence of a Public Nuisance at 3400 Lincoln Street, Sanford; require corrective action by March 1, 2014; and authorize necessary corrective action by the County in the event the nuisance is not abated by the record owner, Seminole County, received and filed.

Paul Watson presented the request and reviewed the timeline leading up to the request as outlined in the agenda memorandum. Staff recommends approval of the request.

No one spoke in support or in opposition.

Commissioner Carey stated that they can see why they have had so many issues from this list of eight owners on this property, especially in these older communities where people have passed away, and sometimes it’s gone to a large group of heirs, some of them have passed away, and no one has any money to spend on the property. Therefore, the County cannot get anything done, which is very frustrating to the community as a whole. She added that this is another one where they have had a large amount of illegal activity going on, so it is really important that they try to get these communities cleaned up.

Motion by Commissioner Carey, seconded by Commissioner Horan, to approve appropriate Resolution #2014-R-14, as shown on page _______, issuing an Order to declare the existence of a Public Nuisance at 3400 Lincoln Street, Sanford; require corrective action by March 1, 2014; and 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, Seminole County.

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

LEGISLATIVE UPDATE

Nicole Guillet, Development Services Director, asked the Board members to look at the Legislative Priority List (received and filed) to ensure that she didn’t misstate anything. The Florida Association of Counties (FAC) 2013-14 Legislative Priorities was also distributed (received and filed). There was consensus of the Board that the 2014 Legislative Issues & Priorities list for Seminole County is correct.

Ms. Guillet advised she received a copy of Senator Simmons redraft of the “springs” legislation. She said from the County’s perspective, it is an improvement over the previous draft, but she believes it still needs work. She thinks there are others across the State who are still concerned with some of the mandates and requirements, while they are all well-intentioned, some of the timelines are a little too aggressive. Also, some of the costs, while there is clearly an intent in the legislation to create a fund to pay for the majority of the improvements and to pay completely for any septic tank replacement, it is not clear that the funding plan is completely “baked” at this point. She advised they will continue to monitor it and work with the Senator and try to help him. He has been very gracious in inviting them to the table and they will certainly accept those invitations. She said the redraft indicates intent on his part to work with all the stakeholders. She advised the bill has not been filed yet, and is being circulated for comment. They will give a bullet point rundown on what the content is and maybe how it differs and how it has been improved from the last version.

Ms. Guillet advised that the other bill the BCC may be interested in that Senator Simmons has filed and is moving through committee is the reconstitution of the Orlando Orange County Expressway Authority. The Senator had a similar bill moving through last time and one of staff’s biggest concerns was the constitution of the board, which looks pretty consistent with what it ended up being last time: eleven members, three of which would be appointed, one each by Seminole, Lake and Osceola Counties; six members being appointed by the Governor, two from Orange County, one from Seminole and one from Osceola, one from Lake and then the sixth one would be from any one of the named counties; and then the Mayor of Orlando and the Mayor of Orange County. So conceivably, Orange County could have as many as four representatives and Seminole County will always have at least two and could have three. She advised there is a similar bill in the House that hasn’t had any movement yet and it was filed by Representative Nelson.

Upon Chairman Dallari’s request, Ms. Guillet advised in regard to a lobbying issue, that they talked with Seminole County’s Lobbyist Bobby Brantley, and he indicated that he could be of some help once staff figures out what is happening with the Department of Environmental Protection’s (DEP) surplus lands. There are several people that are monitoring that and there was supposed to be a meeting last week with some of the staff to further decide what they were going to do with the properties that were of interest to Seminole County. After that, if there is something to still be concerned about, especially getting access to the surplus properties and whether or not the County would have to pay for those properties, Mr. Brantley will be a good resource because he has some good contacts there.

Commissioner Carey stated that those pieces they are looking at are in her district and the community is up in arms about the idea that land gets in the hands of the Florida Environmental Protection Agency (EPA) and the assumption is that they are going to be protected lands and, now they are up on a list for sale. She advised she has expressed her concern to the DEP as she sees many of them at different events. She has spoken publicly about this. Upon inquiry by Commissioner Carey, Ms. Guillet advised the meeting on the 8^th had been postponed. She does not know whether it has been rescheduled and will check on that.

Commissioner Constantine stated he concurs with Commissioner Carey. He said he has attended a number of the meetings with the DEP on the surplus lands and that they have gotten some of those Wekiva lands taken off, but the others are still on the list. He asked whether these lands originally belonged to the County and were given to the DEP for conservation. Mr. Hartmann, County Manager, stated he has not seen the details yet, but it was his impression that they were purchased with land monies and then given to the DEP. They are in the process of confirming that.

Chairman Dallari requested a map showing the sizes of the pieces of property and the locations. Ms. Guillet advised staff has prepared that and they will resend it to the Commissioners.

Commissioner Constantine stated it is his understanding and recollection from the legislation that was passed that the DEP would have to offer the lands to the local jurisdiction prior to opening it to the general public.

Bryant Applegate, County Attorney, advised the Statute is silent as to cost, but they certainly have first right to obtain the property.

Tony Matthews, Planning and Development, addressed the Board to advise that the property was originally going to be a DRI called Plantation but there was a lawsuit over it which eventually went away. Then it went into the County’s Natural Lands program. Commissioner Carey stated that the County paid for it with Natural Lands funds.

Jim Duby, Leisure Services, addressed the Board to state it was his understanding that the Arvida property was purchased by the County, the Plantation property by the State, and the County through the Board at that time, turned that property over to the State for management. He displayed Wekiva Area Surplus Lands Composite Map (received and filed). Upon inquiry by Chairman Dallari and Commissioner Horan, Mr. Matthews advised that the property was deeded to the State in 1993. He added that the DEP staff he has been talking with in Tallahassee are having an in-house meeting at the Governor’s office on January 15 to decide the disposition of all these properties. He added that these are still posted on the website and had asked why they were not taken off because the DEP Director, Jeff Prather, said at a meeting he attended that they would come off the next week, but that has been two months ago or longer. Commissioner Carey said she wants to ensure staff stays on top of this. Commissioner Constantine advised that Mr. Prather is not in the Lands Division, but he is in support of putting the lands back to conservation lands.

Commissioner Carey stated that on the FAC criteria, there is some homeless legislation that is being talked about and since she is the County’s representative on the homelessness regional board, she asked Ms. Guillet to make sure they keep her up to date on what is happening with that. She added she knows it is not one of the County’s four priorities, but it is important and does impact the quality in the community.

Commissioner Horan stated regarding a federal legislative matter, the Homeowner Flood Insurance Affordability Act, they received a notice from the Florida Association of Counties (FAC) stating that during the first week of January, the Senate is expected to take up this legislation, which will correct the apparently unintended consequence that about two million Florida policyholders are getting some boxcar assessments in their policies. Commissioner Carey stated that included commercial as well. Commissioner Horan questioned whether they could send a letter to their Federal Legislators to support this legislation, and that time is of the essence. There was consensus of the Board that Ms. Guillet will draft a letter to be sent out this week. Ms. Guillet advised that their Federal lobbyists at Alcalde and Faye are tracking this and they have a call scheduled next week to go over several issues including this one, so she will ask them for assistance.

CHAIRMAN’S REPORT

Chairman Dallari recommended reappointment of Mayor Jeff Triplett to the Tourism Development Commission for a four-year term representing the City of Sanford.

Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-16, as shown on page _________, reappointing Sanford Mayor Jeff Triplett to the Tourism Development Commission representing the City of Sanford for a four-year term.

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

--------

Chairman Dallari requested Board approval to travel to New York City on January 23 regarding a credit rating with bond covenant groups, Moody’s and S&P. He added that some County staff will also be attending.

Motion by Commissioner Horan, seconded by Commissioner Carey, to approve travel expenses incurred by Chairman Dallari in connection with meetings in New York City on January 23, 2014 with Moody’s and S&P in regard to bond covenant ratings.

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

--------

Chairman Dallari distributed forms (not received and filed) to the Board members for their input regarding performance evaluations on the County Manager and County Attorney and asked that they be returned by February 18 if possible.

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated December 3, 2013, from Luis Rodriguez, Federal Emergency Management Agency, to Chairman Robert Dallari RE: Notification of revision to Florida Insurance Rate Map and Flood Insurance Study report for Seminole County. (C: BCC, County Manager, Development Services)

2. Letter with attachment dated December 6, 2013, from Erin O’Donnell, City of Altamonte Springs, to Chairman Robert Dallari RE: Notice of Public Hearing regarding the voluntary annexation of Properties Contiguous to Altamonte Springs. (C: BCC, County Manager, Development Services)

3. Letter with attachment dated December 6, 2013, from Dr. Thomas O’Neal, University of Central Florida, to Chairman Robert Dallari RE: 2012-2013 Annual Progress Report for the Winter Springs Business Incubator.

4. Letter dated December 12, 2013, from Congressman John Mica, U.S. House of Representatives, to Chairman Robert Dallari RE: Information regarding SunRail funding and the status of the financing and progress of the current project and future phases. (C: BCC, County Manager, Engineering, Development Services)

5. Memorandum with attachment dated December 16, 2013, from Miles Anderson, Florida Division of Emergency Management, to Chairman Robert Dallari RE: Annual request for update, per 27P-22 Florida Administrative Code. (C: BCC, County Manager, Development Services)

6. Letter with attachment dated December 23, 2013, from Mike McDaniel, Florida Department of Economic Opportunity, to Chairman Robert Dallari RE: Notification of completed review of the proposed comprehensive plan amendment for Seminole County (Amendment No. 14-1ESR), which was received on November 26, 2013. C: BCC, County Manager, Development Services

7. Letter with attachment dated December 24, 2013, from Kevin Gordon, Florida Power and Light (FPL) to Chairman Robert Dallari RE: Vital information regarding pipeline operations.

8. Letter dated December 26, 2013, from Marva Johnson, Bright House Networks, to Chairman Robert Dallari RE: Upcoming programming changes to Bright House Networks customers. (C: SGTV; County Manager; Michael Champagne, Bright House Networks)

9. Letter dated December 27, 2013, from Larisa Perry, Wells Fargo Bank, to Chairman Robert Dallari RE: Wells Fargo’s donation of $140,000 to 18 food banks across Florida to help address the issue of those who are food insecure. (C: BCC, County Manager)

10. Copy of letter dated December 29, 2013, from William Black, P.O. Box 2004, St. Cloud, Florida, to Director of Environment Protection, 3400 Commonwealth Blvd., Tallahassee, Florida, RE: Proposal to sell off 27 acres of state-owned land on “the edge of Wekiva Springs State Park.” (C: BCC, County Manager, Development Services)

11. Letter with attachment dated December 30, 2013, from Cynthia Porter, City of Sanford, to Seminole County Board of County Commissioners RE: Notice of Public Hearing regarding adoption of Ordinance No. 4310. (C: BCC, County Manager, Development Services)

12. Letter with attachment dated December 31, 2013, from Richard Morrison, Florida Hospital, to colleagues RE: Health Issues Brief for December 2013.

13. Letter dated December 31, 2013, from Amie Thompson, Boys & Girls Clubs of Central Florida, to Chairman Robert Dallari RE: Appreciation for Board of County Commissioners’ contribution of $2,000 to support the mission of the Club. (C: BCC, County Manager)

14. Letter with attachment dated January 3, 2014, from Silvia McLain, Seminole County Bar Association Legal Aid Society, Inc., to Chairman Robert Dallari RE: Annual Report and appreciation for past support.

15. Letter dated January 8, 2014, from Hannah Sedigh, Seminole County Sports Commission, and Danny Trosset, Seminole County Tourism, to Chairman Robert Dallari RE: Appreciation for Board of County Commissioners’ support of the ECNL Winter Showcase. (C: BCC, County Manager)

16. Letter with attachment dated January 8, 2014, from Sean Snaith, University of Central Florida, to Chairman Robert Dallari RE: University of Central Florida’s Institute for Economic Competitiveness’ Fourth Quarter Economic Forecast.

17. Notice of Public Hearing received January 10, 2014, from Orange County Government, FL, RE: Local Planning Agency Transmittal Hearing and Adoption Hearing for Rural Transition Text Amendments. (C: BCC, County Manager, Development Services)

18. Florida Association of Counties (FAC) 2013 Annual Report received January 13, 2014.

DISTRICT COMMISSIONERS’ REPORTS

Motion by Commissioner Horan, seconded by Commissioner Constantine, to approve appropriate Resolution #2014-R-19, as shown on page _______, reappointing Bill Miller, as the building contractor representative, and Deanna Schotte, as the consumer representative, to the Contractors Examiners Board, for one-year terms, ending January 1, 2015.

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

--------

Motion by Commissioner Horan, seconded by Commissioner Carey, to approve appropriate Resolution #2014-R-18, as shown on page _______, appointing Mike Hattaway to the Board of Adjustment, for a four-year term effective January 1, 2013; and appropriate Resolution #2014-R-24, as shown on page _______, to Dan Bushrui in appreciation for his service on the Board of Adjustment.

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

--------

Commissioner Horan advised that he attended the Central Florida MetroPlan (MPO) Alliance meeting as Commissioner Henley’s alternate, and a number of agenda items were addressed during that meeting including a wonderful presentation on the Freight Study that the MPO has done. He added that the Freight Study is on the website. There were also presentations on the coast-to-coast trail project and also the Space Florida Master Plan. He said he is going to be getting the digital copies of the handouts and he will be distributing them to the Commission offices. He stated that it became pretty obvious, as he attended this meeting, that Seminole County, especially when it comes to trails, is way ahead of the power curve in relation to other counties who are trying to get funding and grants to connect their missing links. In terms of the coast-to-coast trail, Seminole County is pretty much complete; and the total completion comes with the funding that will take it from Wekiva down to the county line. He opined that is due to the good work this Commission and this County has done over the years and the good will of its citizens in approving financing and taxing itself for trails and roads and those kinds of things.

--------

Motion by Commissioner Constantine, seconded by Commissioner Horan, to approve appropriate Resolution #2014-R-22, as shown on page _______, reappointing Greg Teagarden to the Parks & Preservation Committee; appropriate Resolution #2014-R-21, as shown on page _______, reappointing Elizabeth Murphrey to the Library Advisory Board; appropriate Resolution #2014-R-20, as shown on page _______, reappointing Cecil Tucker to the Historical Commission; appropriate Resolution #2014-R-23, as shown on page _______, appointing Mike McLean to the Seminole County Port Authority; appropriate Resolution #2014-R-19, as shown on page _______, reappointing Steve Young to the Contractors Examiners Board; appropriate Resolution #2014-R-18, as shown on page _______, appointing Alan Nejame to the Board of Adjustment; and appropriate Resolution #2014-R-17, as shown on page _______, reappointing Marianne King to the Animal Control Board.

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

--------

Commissioner Constantine thanked the Seminole County Roads and Stormwater Division staff for their wonderful holiday luncheon that he attended with some of the staff from the Commission offices.

--------

Commissioner Constantine stated on December 14, that he, along with Commissioner Carey, rode in two different cars for the Sanford Christmas Parade and it was a lot of fun.

--------

Commissioner Constantine advised that he attended the Florida Regional Planning Councils meeting this past week in Tallahassee along with the Executive Director, Hugh Harling, and a number of the other board members.

--------

Commissioner Constantine congratulated his alma mater, University of Central Florida, for their great victory being the youngest University to ever be in or win a BCS, and they were the biggest underdog ever to win the BCS. He requested that staff put together a resolution and have someone from the University come to receive it.

--------

Motion by Commissioner Henley, seconded by Commissioner Constantine, to approve appropriate Resolution #2014-R-21, as shown on page _______, appointing Herbert Weissman to the Library Advisory Board for a two-year term, ending January 1, 2016; and appropriate Resolution #2014-R-23, as shown on page _______, appointing Michael Caraway to the Seminole County Port Authority for a four-year term, ending January 1, 2018.

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

--------

Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve appropriate Resolution #2014-R-25, as shown on page _______, to Damon Chase in appreciation for his service on the Seminole County Port Authority Board.

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

--------

Commissioner Carey wished everyone a Happy New Year since it is the first time they have all been together since the holidays.

--------

Commissioner Carey stated that one of the actions the Board takes is to recommend to the City of Sanford a person to serve on the Sanford CRA Board and it is that time of year. She said they received several applications including one from Paul Osborne (received and filed) and after reviewing them, it is her recommendation that the Board recommend to the City of Sanford the appointment of Paul Osborne.

Motion by Commissioner Carey, seconded by Commissioner Henley, to recommend to the City of Sanford, Paul Osborne, to the Sanford Community Redevelopment Agency Board.

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

--------

Commissioner Carey advised that at the Sanford Airport Authority Board meeting on January 7, one of the items on the agenda was a pilot program that they will be doing at the airport where they are going to be putting artificial turf out along the runways. This is the first time that they have done this in the southeast. They have a lot of bird and wildlife issues and they feel that artificial turf may be the answer. Upon reviewing the agenda item, she noticed there were huge swings in the bids which ranged from $473,000 to almost $1,000,000. They have selected the contractor and there is a lot of discussion that will go on. George Speake at the airport will be overseeing that particular project. Since the County will be looking at putting in artificial turf as an option at the Sports Complex, she felt it would be helpful for whoever the point person will be on staff to get with Mr. Speake and maybe learn a little bit about this as this project moves forward. She said staff can contact her office for the contact information for Mr. Speake.

--------

Commissioner Carey reported that traffic at the Orlando Sanford Airport was up 22% this December over the prior year and they actually hit two million passengers in 2013 and that is a big benchmark. The airport is designed to accommodate about 3.5 million people. They are talking about expansion plans and lots of exciting things continue to happen at the Sanford Airport.

COUNTY MANAGER’S REPORT

No report.

COUNTY ATTORNEY’S REPORT

No report.

CHAIRMAN’S REPORT (continued)

Commissioner Horan opined that he believes the issue with the evaluation forms for the County Manager and County Attorney not being completed the last time was they had not had an opportunity to look at the core competencies and the evaluation criteria on the forms themselves to provide input with regard to whether they all agree on the same core competencies. He said that rather than start filling out the forms now, he questioned whether they could come back to the Chairman with their suggested changes to the evaluation criteria. There was consensus of the Board to bring back any suggested evaluation criteria at the next BCC meeting. Commissioner Carey stated that she had worked with both the County Manager and the County Attorney to develop the form based on standards across the country.

--------

Chairman Dallari advised they have a work session with Public Safety immediately following the BCC meeting in Room 3024.

--------

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:15 p.m., this same date.

ATTEST:______________________Clerk_____________________Chairman

el/tp