BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

MARCH 24, 2015

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, March 24, 2015, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Brenda Carey (District 5)

Vice Chairman John Horan (District 2)

Commissioner Robert Dallari (District 1)

Commissioner Lee Constantine (District 3)

Clerk of Court & Comptroller Maryanne Morse (late)

County Manager Nicole Guillet

County Attorney Bryant Applegate

Deputy Clerk Terri Porter

Absent:

Commissioner Carlton Henley (District 4)

Pastor Jim Lynch, East Coast Believers Church, Casselberry, gave the Invocation.

Commissioner Dallari led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Stackframe was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – A-0571-15

Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt a Proclamation declaring the week of March 22 through March 28, 2015 as Boys & Girls Club Week in Seminole County.

Districts 1, 2, 3 and 5 voted AYE.

Don Harris, Seminole County Boys & Girls Club Board President, addressed the Board to express appreciation.

Commissioner Horan commended the members of the club board and reported that this year they are running a $96,000 surplus against budget on the two clubs in Seminole County. They are also heading towards locating a third club here in the future to meet the tremendous need. He talked about the great statistics on the 700 young people they serve. Commissioner Carey commented about the positive impact the Boys & Girls Clubs have on the community and thanked the BCC members for all the time they spend volunteering.

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Agenda Item #2 – A-0572-15

Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt a Proclamation declaring the month of April 2015 as Water Conservation Month in Seminole County.

Districts 1, 2, 3 and 5 voted AYE.

Debbie Meinert, Water Conservation Coordinator, addressed the Board to express her appreciation. She spoke about the programs and rebates available to the customers of Seminole County Utilities. Commissioner Dallari confirmed with Ms. Meinert that a homeowner association can contact her in regard to saving water on irrigation. Ms. Meinert advised they also have an Irrigation Evaluation Program and described those details.

Maryanne Morse, Clerk of the Circuit Court and Comptroller, entered the meeting at this time.

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Agenda Item #2A – A-0651-15

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve appropriate Resolution #2015-R-60 recognizing the Environmental Services Department for being awarded the Earl B. Phelps Award for “Best in Class” at two of Seminole County’s wastewater treatment plants.

Districts 1, 2, 3 and 5 voted AYE.

Carol Hunter, Environmental Services Director, addressed the Board to express her appreciation on behalf of the employees in the Water-Wastewater Division. She stated that winning a national award for operational excellence is a significant accomplishment and thanked all the great staff.

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Nicole Guillet, County Manager, advised there is an Add-on Item #20A, request for approval from the Sheriff’s Office to submit an application to the Substance Abuse and Mental Health Services Administration (SAMHSA) for mental health services for children. She stated that staff requests that Item #21, the 2015 Joint Planning Agreement with the City of Sanford, be continued to a later date. Also, staff received a request that public hearing Item #25, Voluntary Billboard Agreement, be continued to the April 28th BCC meeting. Commissioner Dallari requested that the County Manager ensure the applicant is aware that an item can only be pulled twice for continuance, and then it will be heard by the Board.

Commissioner Dallari requested that Item #9, Grant Agreement for School Shelter Retrofit Projects, be pulled for separate discussion.

COUNTY MANAGER’S CONSENT AGENDA

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

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

Community Services

Community Development Division

3. Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government. (A-0606-15)

Environmental Services

Solid Waste Management Division

4. Approve the annual consumer price index for all urban consumers adjustments (CPI-U) and semi-annual fuel index adjustments (CPI-F) for residential solid waste collection services, as set forth in Sections 13(d) and (e) of the Residential Franchise Agreements, with new rates to become effective on April 1, 2015. (A-0394-15)

5. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Randy Suggs Landscaping, Inc. effective from March 24, 2015 through September 30, 2016. (A-0558-15)

Leisure Services

Tourism Development Division

6. Approve and authorize the Chairman to execute a Tourist Tax Funding Agreement with Florida High School Athletic Association, Inc. in the amount of $5,350 for the 2015 Florida High School Athletic Association Tennis Championships to be held April 13 through 17, 2015. (A-0560-15)

7. Approve and authorize the Chairman to execute a Tourist Tax Funding Agreement with the University Athletic Association (UAA) in the amount of $5,775 for the 2015 UAA Men’s and Women’s Tennis Championships to be held April 23 through 27, 2015. (A-0561-15)

8. Approve and authorize the Chairman to execute a 2015 Champions Cup Tourist Tax Funding Agreement with Florida Rush Soccer Club in the amount of $3,425 for the 2015 Champions Cup Soccer Tournament to be held May 16 through 17, 2015. (A-0562-15)

Resource Management

Business Office

10. Approve and authorize the Chairman to execute Modification #1 to the SubGrant Agreement with the State of Florida, Division of Emergency Management, increasing grant funding from $105,806 to $115,806 ($10,000 increase) for the FY2014-15 Emergency Management Preparedness and Assistance Grant, and to execute appropriate Resolution #2015-R-62 implementing Budget Amendment Request (BAR) #15-060 through the Disaster Preparedness Fund in the amount of $10,000 to establish funding for audio/visual supplies and equipment for the Seminole County Emergency Operations Center. (A-0557-15)

11. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-63 implementing Budget Amendment Request (BAR) #15-063 through the Sales Tax Revenue Bonds Fund in the amount of $29,810,000 to recognize the Sales Tax Revenue Refunding Bond, Series 2015 transaction. (A-0568-15)

Budget and Fiscal Management Division

12. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-64 implementing Budget Amendment Request (BAR) #15-061 through the Historical Commission Fund to allocate fund balance in the amount of $23,862 for payment towards the Sanford Herald Digitization Project and other operational activities of the Historical Museum. (A-0574-15)

13. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-65 implementing Budget Amendment Request (BAR) #15-062 through the 2001 Infrastructure Sales Tax Fund to appropriate budget of $90,000 from Reserves for the Spartan Road at U.S. Hwy 17-92 Intersection Project. (A-0580-15)

Purchasing & Contracts Division

14. Approve RFP-601053-11/BJC, Assignment of Consultant Services Agreement for Traffic Data Collection Services, from GMB Engineers & Planners, Inc., Orlando, to Vanasse Hangen Brustlin, Inc., Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-0555-15)

15. Award IFB-602170-15/GCM, Term Contract for Plumbing and Septic Tank Services for Residential Properties related to the Housing Rehabilitation Program to DeSanto Plumbing, LLC, Clermont; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-0496-15)

16. Award IFB-602171-15/GCM, Term Contract for HVAC Mechanical Services for Residential Properties related to the Housing Rehabilitation Program to Ellis Mechanical Corporation, Longwood; and Pat Lynch Construction, LLC, Orlando; and authorize the Purchasing & Contracts Division to execute the Agreements. (A-0492-15)

17. Award IFB-602172-15/GCM, Term Contract for Roofing Repair and Replacement Services for Residential Properties related to the Housing Rehabilitation Program to Pat Lynch Construction, LLC, Orlando; Hodges Brothers, Inc., Orlando; and AMC Capital Constructors, Inc., Apopka; and authorize the Purchasing & Contracts Division to execute the Agreements. (A-0491-15)

18. Award IFB-602173-15/GCM, Term Contract for Electrical Services for Residential Properties related to the Housing Rehabilitation Program to Yang, Inc. d/b/a Semco Electric Company, Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-0497-15)

Districts 1, 2, 3 and 5 voted AYE.

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Consent Agenda Item #9 – A-0543-15

Commissioner Dallari stated that he supports this request to approve a Grant Agreement; however, he would like to have a discussion after approval.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the Chairman to execute a Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $425,776 for Hurricane Shelter Retrofit Projects; and to execute appropriate Resolution #2015-R-61 implementing Budget Amendment Request (BAR) #15-058 through the Public Safety Grants Fund in the amount of $425,776 to establish funding for School Shelter Retrofit Projects.

Under discussion, Commissioner Dallari stated that they must have medical staff at each of the emergency shelters. He questioned how the County provides medical staff during the time the shelters are operational, and also, the type of medical personnel that are provided.

Alan Harris, Emergency Manager, Public Safety Department, addressed the Board to advise that the provision of medical staff at the shelters is a concern especially with some of the layoffs at the Department of Health; some of the clinicians are no longer available. They requested assistance from the private sector with an RFP, and Maxim, a home healthcare agency, was selected. They will provide additional registered nurses, LPNs, CNAs and respiratory therapists. There is also an RFP “out on the street” for some emergency services inside the shelters. The Department of Health continues to be the lead organization for the special-needs shelters and they provide medical staff. Also, they have a great partnership with the American Red Cross.

Commissioner Dallari stated that Orange County and Seminole County have the Medical Reserve Corps but that is a joint venture between the two counties. He asked why Seminole does not form their own. Mr. Harris responded that he just had a conversation with Dr. Swannie Jett, Seminole County Health Department Administrator, and they are very interested in bringing it back to Seminole County and having their own Medical Reserve Corps here. Commissioner Dallari opined he would rather have volunteers than have to pay the medical personnel.

Districts 1, 2, 3 and 5 voted AYE.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

19. Expenditure Approval Lists dated February 23 and March 2, 2015; Payroll Approval List dated February 21, 2015; and the BCC Official Minutes dated February 24, 2015. (A-0579-15)

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

  1. Fully Executed Amendment to the Interlocal Agreement creating the Orlando Urban Metropolitan Planning Organization d/b/a MetroPlan Orlando changing the name of the Orlando-Orange County Expressway Authority to the Central Florida Expressway Authority, as approved by the Board of County Commissioners on September 9, 2014.

  2. Fully Executed Seminole County and Oaks at Lake Mary, LTD Joint Facilitation of Public Infrastructure Agreement, as approved by the Board of County Commissioners on December 9, 2014.

  3. Maintenance Bond #59BSBGQ7555 for Streets, Curbs, and Storm Drains in the amount of $8,725.40 for the project known as Tuska Reserve.

  4. Maintenance Bond #800015809 for Streets, Curbs, and Storm Drains in the amount of $2,708.49 for the project known as Lakeside Estates.

  5. Private Road Maintenance Bond #800015808 in the amount of $61,645.83 for the project known as Lakeside Estates.

  6. Parks Contract for Services for Jim Nista.

  7. Consummating Order from the Florida Public Service Commission regarding Docket #140204-GU, Order #PSC-15-0056-CO-GU.

  8. Addendum #1 to the Markham Road/Longwood Markham Road PD Seminole County Development Order; Surrey Homes, LLC; Punjiram Vasudev & Panchal Premlata; Acuera Minor Amendment; #14-205000029.

  9. Addendum #1 to the Markham Road/Longwood Markham Road PD Developer’s Commitment Agreement; Surrey Homes, LLC; Punjiram Vasudev & Panchal Premlata.

  10. Board of Adjustment Approval Development Orders as follows: #14-32000011, Special Exception, Interlachen Country Club; #14-32000010, Special Exception, Paramand Investment Group; #14-32000009, Special Exception, Iglesia De Dios Pentecostal Movimento Internacional, Inc.; #14-30000091, Variance, Standard Pacific of Florida; #14-30000092, Variance, Rajkumarie M. Persaud & Deonaine Sukhdeo; #14-30000096, Variance, Maria A. Perez; #14-30000098, Variance, Joseph F. & Alana M. Quigley; #14-30000099, Variance, Joerg F. Jaeger; #14-30000094, Variance, Tuskawilla Learning Center, Inc.; #14-30000100, Variance, Sherett J. & Charles Salter; and #14-30000095, Variance, Richard Heald.

  11. Change Order #4 to CC-9025-13.

  12. Amendment #2 to Work Order #11 to PS-8186-13.

  13. Change Order #11 to Work Order #4 to RFQ-5888-10.

  14. Amendment #2 to Work Order #13 to PS-8186-13.

  15. Amendment #3 to Work Order #2 to PS-8005-12.

  16. IFB-602209-15, Term Contract for Travel Agency Services with Go Travel, Inc.

  17. Amendment #4 to M-6607-11.

  18. Closeout to Work Order #7 to CC-9192-13.

  19. Amendment #1 to Work Order #32 to PS-5190-05.

  20. IFB-602182-15, Term Contracts for Purchase of Signal Cable Wires and Hardware with Control Technologies and Rainbow Distributors.

  21. Change Order #6 to CC-9218-14.

  22. Change Order #6 to CC-8898-13.

  23. Work Order #1 to RFP-9601-14.

  24. Amendment #3 to Work Order #63 to PS-3914-08.

  25. Bids for IFB-602180-15 from Henry Schein and Cardiac Science; IFB-602212-15 from Traffic Control Devises and Chinchor Electric; IFB-602209-15 from Go Travel, Inc.; RFP-602181-15 from Law Offices of J. Richard Young, P.A., Schneck Legal, and Vose Law Firm, LLP; IFB-602211-15 from Trafficware Group; RFP-602202-15 from CPS HR Consulting, Booth Research Group, and Industrial/Organizational Solutions.

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

Sheriff’s Office

20. Expenditure of $50,000 from the Law Enforcement Trust Fund to provide for a contribution to the Central Florida Council, Boy Scouts of America. (A-0597-15)

20A. Authorization for the Sheriff to submit an application on behalf of Seminole County Government for the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) System of Care (SOC) and Sustainability Cooperative Agreements Grant SM-15-009 in the amount of $1,000,000. (A-0624-15)

Districts 1, 2, 3 and 5 voted AYE.

REGULAR AGENDA

Agenda Item #21 – A-0526-15

Motion by Commissioner Horan, seconded by Commissioner Constantine, to continue to April 14, 2015 the request to approve the Joint Planning Agreement for 2015 between Seminole County and the City of Sanford.

No one spoke in support or in opposition to the continuance.

Districts 1, 2, 3 and 5 voted AYE.

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Agenda Item #22 – A-0539-15

Rebecca Hammock, Planning & Development Division Manager, addressed the Board regarding a request to consider a Release of Lien on Tax Parcel #30-20-30-300-0190-0000 that attached to a vacant property where violations exist; Drew A. Mooty, Owner and Applicant.

Ms. Hammock advised that the Applicant’s agent, David Sweet, is requesting the item be continued since the District Commissioner is not present and they have spoken to him extensively and would like Commissioner Henley to be able to vote on the matter.

No one spoke in support or in opposition to the continuance.

Speaker Request Form from David Sweet was received and filed.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to continue to April 14, 2015 the request to consider a Release of Lien on Tax Parcel #30-20-30-300-0190-0000 that attached to a lien imposed by the Code Enforcement Board, Case #12-70-CEB, on another property, Parcel #30-20-30-300-0180-0000 located at 1880 Ranchland Trail, where the violations exist; Drew Mooty, Owner and Applicant.

Districts 1, 2, 3 and 5 voted AYE.

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Agenda Item #23 – A-0551-15

Pamela Lynch, Business Development Manager, Economic Development Division, addressed the Board to present a request to consider approval of a Resolution recommending that FARO Technologies, Inc. be approved as a Qualified Target Industry Business.

Ms. Lynch reviewed the background as outlined in the Agenda Memorandum. She advised that Elizabeth Kilgore from FARO Technologies is present to answer any questions the Board may have.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve appropriate Resolution #2015-R-66 recommending that FARO Technologies, Inc. be approved as a Qualified Target Industry Business; and approve the County’s required local financial support of $30,600 over Fiscal Years 2015/16 to 2020/21.

No one spoke in support or in opposition.

Districts 1, 2, 3 and 5 voted AYE.

COUNTY MANAGER’S REPORT

Agenda Item #24 – A-0610-15

The Board noted, for information only, the Informational Budget Transfer Status Report for FY2014/15 (February 2015).

COUNTY ATTORNEY’S REPORT

Bryant Applegate, County Attorney, introduced Paul Gibbs who is a new Assistant County Attorney from Dade County, where he was in private practice. He advised Mr. Gibbs will be handling Human Resources, other administrative matters, and litigation.

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Mr. Applegate distributed the list of Administrative Tasks Completed in January/February 2015 (copy received and filed).

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Commissioner Carey reminded the Board that a work session regarding a Sports Complex update will be held in Room 3024 and will begin at 10:30 a.m.

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The Board recessed the meeting at 10:10 a.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Terri Porter who was replaced by Deputy Clerk Erin Leben, who was present at the Opening Session.

PROOFS OF PUBLICATION

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

Districts 1, 2, 3 and 5 voted AYE.

PUBLIC HEARINGS

VOLUNTARY BILLBOARD AGREEMENT/

Outfront Media, LLC (Continuation)

Agenda Item #25 – PH-2015-25

Continuation of a public hearing to consider approval of a Voluntary Billboard Agreement between Seminole County, Outfront Media, LLC, f/k/a CBS Outdoor, Michael J. Kott, and Suzanne Cornwell, for a proposed billboard to be located approximately 450 feet south of SR 436 on the east side of South U.S. Hwy 17-92 at 6205 South U.S. Hwy 17-92, Outfront Media, LLC, received and filed.

Chairman Carey stated that the Applicant has requested this item be continued.

Nicole Guillet, County Manager, confirmed with Brian Walker, Planning & Development, that the Applicant requested the item be continued until April 28, 2015.

Memo to Nicole Guillet from Brian Walker with attached email from Wayne Rich, Broad & Cassel, regarding request for continuance was received and filed.

Chairman Carey reminded everyone that the practice and policy of the Board has been to allow two continuances. On the third time an applicant requests a continuance, the Board asks that the hearing go forward or the applicant withdraw the item.

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

Motion by Commissioner Dallari, seconded by Commissioner Horan, to continue to April 28, 2015 at 1:30 p.m., or as soon thereafter as possible, request to approve the Voluntary Billboard Agreement between Seminole County, Outfront Media, LLC, f/k/a CBS Outdoor, Michael J. Kott, and Suzanne Cornwell, with an alternate sign-removal-to-sign-replacement ratio if such alternate ratio is found to be in the best interest of the public, for a proposed billboard to be located approximately 450 feet south of SR 436 on the east side of South U.S. Hwy 17-92 at 6205 South U.S. Hwy 17-92, as described in the proof of publication, Outfront Media, LLC.

Districts 1, 2, 3 and 5 voted AYE.

REAGAN CENTER LARGE SCALE FUTURE LAND USE

AMENDMENT AND REZONE/Richard Wohlfarth, P.E.

Agenda Item #26 - PH-2015-049

Proof of publication calling for a public hearing to consider transmittal of a Large Scale Future Land Use Map Amendment from Low Density Residential, Planned Development and Office to Planned Development to the State Land Planning Agency and consider transmittal of the associated Rezone from Planned Development (PD) and Agriculture (A-1) to Planned Development (PD), for 118.55 acres located on the north and south sides of Ronald Reagan Boulevard, and east of County Home Road and U.S. Hwy 17-92, Richard Wohlfarth, P.E., received and filed.

Brian Walker, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. The project site consists of a parcel of approximately 110 acres that is the site of Flea World on the north side of Ronald Reagan Boulevard, and a vacant 8.2-acre parcel on the south side of the road. Regarding the proposed townhomes, Mr. Walker noted that the maximum number of dwelling units has been reduced from 83 to 66 dwelling units, and this represents a change from 10 dwelling units per net buildable acre to 8 dwelling units per net buildable acre. He advised there is an analysis of the site that is stated in the staff report. The Planning & Zoning Commission voted unanimously to recommend transmittal of the request.

Mr. Walker stated the Board was recently provided an updated Master Development Plan (received and filed) wherein the setbacks for the proposed townhomes were reduced. This issue has been discussed and clarified with the Applicant and the Applicant has stated that those reductions pertain to the internal setbacks only. The setbacks for the external property line for the townhomes are still 25 feet, and this will be reflected on a corrected Master Development Plan. He advised based on this information, staff is recommending transmittal of the request.

At the request of Chairman Carey, Mr. Walker explained if the request is transmitted, it will go to the Department of Economic Affairs as well as other agencies, which will then be able to comment on the transmittal, on the Rezone or the Future Land Use Amendment. He advised it will then come back and staff will take into consideration the agencies’ comments. At that time, the request will come back to the BCC for adoption. He confirmed that this is a public hearing for the transmittal and there will be another public hearing for the actual adoption of the Future Land Use Amendment and the Rezone.

Upon inquiry by Commissioner Dallari, Mr. Walker advised if the transmittal is approved, the State will be looking to see if there are any conflicts with legal requirements and with the Rezone Enabling Act. Commissioner Constantine commented that when the state agencies are looking at the comments, they are not necessarily suggesting that it is good or bad. He stated it is still the BCC’s decision as a local entity as to all the other planning involved. He noted this is just sending the request to the state agencies as a transmittal to have them do an initial review as to whether or not the request is compatible with their overall findings.

Randy Morris, 2438 Via Sienna Drive, addressed the Board to state he will be speaking on behalf of the Applicant. He advised Turgut Dervish, transportation consultant; Paul Partyka, NAI Realvest; and Tia Counts, project manager for IBI, are in attendance.

Mr. Morris advised they have been working with County staff and briefed the Commissioners on this project. He stated this project is one of the largest redevelopment projects in unincorporated Seminole County history. He advised they see this as a catalyst project primarily in terms of what it would do in the rebirth of 17-92. He added it ties together very nicely with the government center and with Seminole State College.

Mr. Morris displayed and reviewed a 17-92 Seminole Hub aerial map (received and filed) and discussed the option of having the spine road for the project connect from Ronald Reagan Boulevard over 17-92 to the County’s campus. He stated they currently have the traffic signal at Bargain Boulevard, but their intent is to get rid of Bargain Boulevard and to move this traffic signal to a more centralized location between Bush Boulevard and County Home Road. He advised IBI has been working diligently and thanked County staff for the time they have given on this because the joint planning on the two projects together is critical. He reiterated that as a catalyst project, this will improve what the County will do with their campus and IBI will work with the County on multiple ideas in terms of landscaping and the look and feel of 17-92.

Reagan Centre Conceptual Site Plan and Master Development Plan were submitted into the record.

Mr. Morris advised if the transmittal is approved, the public hearing for the Land Use Amendment and Rezone will be on May 12, 2015.

Richard Wohlfarth, IBI Group, addressed the Board to state they have had a community meeting and plan to continue to work with the community as to the townhouse development on the south side of the property and hopefully be able to resolve the differences between now and the meeting on May 12th. He offered to answer any questions the Board may have.

Chairman Carey submitted her ex parte communications into the record. She advised she had a meeting with Mr. Morris and heard from the residents either by phone, correspondence, or face-to-face meetings. Chairman Carey stated it seems like everybody is in support of the big project, but the issue for most of them is the 8.2 acres on the south side of Ronald Reagan Boulevard. She asked if there is some reason why the 8.2 acres would need to be included as part of the transmittal for a Comp Plan Amendment because it is small enough to do a Small Scale Amendment, which can be done at any time. Mr. Wohlfarth explained that they are trying to clear up and clean up the entire project at one time. He stated U.S. Hwy 17-92 is a four-lane divided highway that one day could become six lanes. He feels that the area will develop into more commercial or higher density residential and opined that the townhouse use would be compatible with the residents to the south versus putting in commercial.

Since there is some light commercial along there now, Chairman Carey questioned if IBI looked at the alternative of having commercial aspects across the front of the project and keeping single-family in nature to the rear of the property. Mr. Wohlfarth explained that the property is only between 550 and 600 feet deep so they would end up having commercial backing up to the property to the south and they felt that that use would not be compatible. They felt the townhouse was sort of an intermediate type of use.

Upon inquiry by Chairman Carey regarding the access issues, Mr. Wohlfarth stated there was an agreement reached last year with the residents and Mr. Levy, the property owner, regarding the existing road that is out there. He advised IBI has reviewed those documents and they have made a commitment to the residents that any roadway that would be improved or any paving the Applicant would do, they would be doing on their own property. He stated he believes they will be able to come up with a resolution.

Mr. Morris advised that the property owners have retained Steve Coover as Counsel. He stated IBI will be getting together with Mr. Coover to discuss this and it will be resolved before May.

Upon inquiry by Chairman Carey, Mr. Wohlfarth stated the new site plan reflects a reduction from 10 units per acre to 8 units per acre, which would be a reduction from 83 units to 66 units.

Upon inquiry by Commissioner Horan, Mr. Wohlfarth advised if the site were to be developed into Low Density Residential (LDR), at a 50 x 120-foot lot size, it would be roughly in the five-units-to-the-acre range so it would be approximately 40 to 42 units. Chairman Carey clarified that LDR is four units per acre, which would be 33 units per acre.

John Horvath, 1004 Bradford Drive, addressed the Board to state this seems to be another example of urban infill, which seems to be happening throughout Seminole County. He believes the property owner has certain rights to develop the property within reason based upon County regulations and zoning. He stated although it is kind of sad to see these changes, Seminole County has been growing as long as he can remember, and this is part of what goes on.

Barry Thomas, 5141 Thomas Stable Road, addressed the Board to express his concern with the area flooding as this is a low-lying area and mentioned the problems with the Autumn Chase subdivision. He referred to an aerial photograph (previously received and filed) and explained his concern with there being no retention pond area to absorb the water that is coming in and it needs to dissipate somewhere.

Mr. Thomas expressed his concern with there not being public transportation for the residents. He stated that if they were to add a retention pond to the property, it would prohibit the construction of the units due to the size. He stated if the past County Commissioners voted four houses per acre as being compatible with the area, then that is what it should be. Even with four houses per acre, he thinks that is not enough retention pond for the water. He opined maybe two houses per acre might fit.

Mr. Thomas advised there are beautiful oak trees down the side of Thomas Stable Road that would have to come out to make the roads compatible. He stated they would probably have to install a stop sign due to the amount of traffic. He believes this development is not planned out.

At the request of Chairman Carey, Mr. Walker explained the request for transmittal is the basic step where the uses are established. From there, the Applicant will need to do a final development plan, which will be more specific. The final development plan will get down to not only the details of the road but even the details of the vegetation that will go into the buffers. After that is approved, the Applicant will need to go to a final engineering phase, and that is when the stormwater issues will be clarified and the “guts” of the engineering will be shown.

Upon inquiry by Chairman Carey regarding the Comprehensive Land Plan Amendment and Rezoning process, Mr. Walker advised even though the Applicant is potentially establishing numbers, that is a top number, and they are working to try to get to that number. Through engineering, they may or may not get to that number. They may come nowhere near the maximums established. They certainly cannot exceed it, but what they are doing is establishing the maximums.

Shannon Driscoll, 4980 Thomas Stable Road, addressed the Board to speak about how the community on the south side of Ronald Reagan Boulevard will be affected if the Board approves the rezone. She displayed several photographs (received and filed) of Thomas Stable Road. She explained that the residents raise chickens and pigs on their property and stated her concern with the Applicant paving property for the entrance to the townhomes. She stated nobody is saying they are against the development, but they would like it to be done with consideration for the current residents. Ms. Driscoll displayed a photograph of her home (received and filed) and indicated where the proposed entrance to the townhomes would be.

Tracey Driscoll, 4995 Thomas Stable Road, addressed the Board to state she agrees and supports the development on the north side of Ronald Reagan Boulevard; however, the challenge she sees is on the south side. Ms. Driscoll displayed a PowerPoint presentation (copy received and filed). She stated in 1991 there was a Future Land Use change for this area to Low Density Residential. She advised on July 22, 2003 the residents made tremendous concessions that related back to the development on the back side of their property, and parts of their property were taken at that time. She advised the P&Z Commission recommended leaving 11,000-square-foot lot sizes, which got reduced to 8,150-square-foot lot sizes when it went in front of the BCC. Currently, the area is Suburban Estates with 1-acre to 25-acre lots. She opined this will be a step down transition to maintain it at a Low Density Residential.

Ms. Driscoll stated the residents want to maintain Thomas Stable Road as a dirt road because this was given as a Prescriptive Easement. She stated a Prescriptive Easement is established by the residents that currently reside on Thomas Stable Road. She stated in no place and time does it show that Mr. Levy is an owner on Thomas Stable Road and noted his property adjoins it and is on CR 427.

Ms. Driscoll discussed what is needed for a Prescriptive Easement to be viable and displayed a copy of a court case showing that the Prescriptive Easement was given. Chairman Carey noted Mr. Levy was a named party in that lawsuit. Ms. Driscoll discussed the necessary criteria in order for a Prescriptive Easement to exist and listed examples of court cases supporting this. She emphasized that Mr. Levy has never lived or occupied the property over the years. Ms. Driscoll discussed access to the property.

Chairman Carey noted she met with Tracey Driscoll and it will be reflected in her ex parte communications.

Steven Thomas, 5151 Thomas Stable Road, addressed the Board to express his concern with the traffic that will increase in the area. He feels the entrance needs to be moved to CR 427 and requested they keep the LDR zoning classification.

Shawn Driscoll, 4995 Thomas Stable Road, addressed the Board to state none of the residents have a problem with any development on the north side of CR 427. He stated that the property that is Flea World used to be a swamp, and he has no issue with development on the north side. He stated most of the residents that live on the south side have had generations live there and now their kids live there. He discussed the wildlife on the property.

Steve Coover, 230 North Park Avenue, on behalf of Thomas and Georganne Bledsoe, addressed the Board to state he was retained yesterday and his clients live at 4995 Thomas Stable Road. He advised his clients are fine with the development on the north side of the road, but their issue is with the part that is south of the road. He stated he has worked with Mr. Morris previously as well as on opposite sides and they will try and get this resolved as soon as they can.

Mr. Coover advised he would like the Board to look at the particular part of the PD south of CR 427, which the Board can do on a case-by-case basis because it is part of a PD, and determine whether or not they will do something that apparently has not been done for a long time. He stated everything to the south and the east of this area is all set out as Suburban Estates or Low Density Residential, and the BCC has held that line. He advised density is a big issue. He stated this is a very rural area and yet CR 427 is in the area and over by the airport is Lake Mary Boulevard.

Mr. Coover stated he has not yet gotten his hands around all of the issues, including the access, because he has only had one day; however, there are a couple of sections of the Comp Plan that would give the Board the ability to put this property south of the road in a Low Density Residential or some kind of a Mixed Use that would be compatible.

Mr. Coover stated he has been provided with a copy of the lawsuit where someone established a Prescriptive Easement that was not disputed. The judgment was entered by default. Mr. Levy was one of the defendants. He stated it apparently affected a portion of his land that the road is on; and obviously, if he does not live there and does not use that road and has not used that road, then he cannot claim prescription on it. Mr. Coover stated his clients would prefer that they keep Low Density Residential on the site or limit the density to something less than medium density. He advised that given the size of the parcels that they have, they are going to have a real problem if there are 60-some townhomes exiting out onto a common road trying to get onto the boulevard.

Upon inquiry by Commissioner Constantine regarding whether or not the transmittal letter would harm his ability to work out an agreement with the Applicant, Mr. Coover stated they would prefer to see the south portion segregated and dealt with since it is really the only issue that needs to be discussed. Since it is a Small Scale, he thinks they will have it done before the larger part is done. He stated it would be their preference to isolate it, deal with it and move on. Upon inquiry by Commissioner Dallari, Mr. Coover confirmed that there is nothing in the transmittal letter that would prohibit him from working on an agreement with the Applicant. Chairman Carey restated that whatever gets transmitted has not yet had an engineering exercise done on it and things could be uncovered.

Commissioner Constantine advised that nothing in the transmittal, when it comes back, requires the BCC to agree with whatever the request is so it is even more important to recognize that the Board still has to make the decision on the Comp Plan Amendment and everything when it comes back. He stated he wanted to make sure that Mr. Coover understood that he has an opportunity to negotiate this without any concern about whether or not this transmittal goes through today.

Upon inquiry by Chairman Carey, Bryant Applegate, County Attorney explained the general rule regarding Prescriptive Easements is that it is an adverse use of property and is open and notorious. It has to be continuous for 20 years to be declared a Prescriptive Easement. The question really would be between the developer or owner and the adjoining property owners as to what area has been used. He explained that if a development is approved for a certain number of homes or townhomes for the site, the question would be from an engineering perspective whether it can be done based on what is out there and whether more property would be needed. He recommended if the Board decides to approve the transmittal, it would be contingent upon that issue being worked out between the parties.

Chairman Carey advised the road that is there today does not meet any standard for development and she thinks the worst case would be the Applicant would have to build a road on their own property. She stated Thomas Stable Road happens to line up with the median opening because when the County built CR 427, they obviously built the median openings to accommodate where the people come and go. She stated if the Applicant cannot use Thomas Stable Road, then it is a totally different design issue. She noted prescriptive rights are a little unique to Seminole County. Mr. Applegate advised he believes the law would allow for the Board to approve the development based on the owner having Prescriptive Easement. He stated it is a fact question and he would need to do some further research.

Chairman Carey questioned if there was a way for the Applicant to separate the north and south sides and run the applications simultaneously. Mr. Applegate answered if they decided to pull out the north side and transmit it as a Large Scale Plan Amendment, they would have to advertise the Small Scale at that point. Chairman Carey asked if they could break it out and transmit it as a Large Scale and Small Scale based on what has been advertised today. Mr. Applegate advised they probably could. Commissioner Horan discussed his hesitancy behind separating the north and south.

Chairman Carey stated the reason she asked Mr. Applegate the question is because she has had this discussion with the Applicant, and she wanted everyone to understand how it could be different if the Applicant chose for it to be. She explained the application before the Board is to either transmit the whole thing or deny the whole thing or make amendments. She stated she was just asking if they wanted to look at it in a different way, legally, would it cost them any time. Mr. Applegate clarified that the County has always asked the Applicant if it is okay with them to make any changes.

Chairman Carey stated the Applicant does not want anything to hold their process up. The reason she inquired about the advertising issue was to determine if there is a way that these could be split, transmitted as a Large Scale and Small Scale and not lose any time for the Applicant. Ms. Guillet explained that they can pull the smaller piece out, and the Board is not required to transmit a Small Scale Land Use Amendment. She advised if they pull the smaller piece out, they could adopt it as a Small Scale Land Use Amendment at the same time they did the Large Scale. She explained that because there is not a requirement to transmit, if the Board wanted to transmit this without the smaller piece, they could still do the Small Scale Land Use Amendment and run it concurrently. She noted they would have to advertise two ordinances instead of one, but they could bring them back at the same time in May and they would not lose any time.

Katlyn Griffin, 4995 Thomas Stable Road, addressed the Board to submit into the record a petition by the residents to keep the zoning as LDR. She advised there were over 300 signatures from people in and around the area. She stated the residents of Thomas Stable Road would like to remain a dirt road. They would like access to the Levy property from CR 427, a brick wall surrounding the development, 75% density on surrounding setbacks, 25-foot setbacks, all trees with 8-inch caliper to be saved, no more than a two-story home, and 1600-square-foot homes or larger. She stated according to County engineers, the proposed median could be moved. She advised in a conversation Tracey Driscoll had with IBI on March 23rd, they mentioned that currently they could find five builders that could build four houses per acre without a problem and the residents would prefer to see that happen versus the townhomes.

No one else spoke in support or in opposition and public input was closed.

Speaker Request Forms were received and filed.

Written Comment Forms were received and filed.

Email from Brad Gilbert to Brian Walker regarding Reagan Center Large Scale Land Use Amendment and Rezone was received and filed.

Mr. Morris clarified that they have had discussions with homebuilders and the Applicant has no interest for a homebuilder to do single-family homes whatsoever. He stated they have ownership of two homebuilders showing some interest in wanting to do townhomes. Regarding Mr. Thomas’s comments, he indicated the map he was referring to was basically just a mockup to see what would fit and what it would look like in general. In terms of the site plan, the site plan will come back to the Board at Preliminary Site Plan (PSP) approval and there will be a formal presentation. He stated at the meeting in May, they will address the drainage and transportation.

Mr. Morris thanked Tracey Driscoll for organizing the neighborhood in terms of IBI having a productive community meeting. He stated IBI committed to continue working with them even if they were opposed to the project because IBI would be the new neighbors. Regarding the developments that Tracey Driscoll discussed that the BCC had previously approved, Mr. Morris indicated the developments are located behind their property, further in the direction of Lake Jesup.

In terms of the zoning that Tracey Driscoll discussed, Mr. Morris clarified there have been no developments or single-family subdivisions built on Ronald Reagan since it went to four lanes. He advised there has been a townhouse subdivision built on Ronald Reagan as well as a couple of commercial uses near the property. There are also trailers near the property, including some that are abandoned. There are several properties that have gotten conditional uses to be able to operate businesses out of them; one of them employs over 30 people. The conditions have changed rather dramatically over the last 25 years and they have changed dramatically over the 39 years that Mr. Levy has owned Flea World. He reminded the Board that what they are doing with Flea World is a complete change of use and something more in line with the County's economic development principles.

Regarding Mr. Coover’s comments on the access issue, Mr. Morris stated he is confident they can resolve this issue relative to whatever the prescriptive rights are and how the access works. He stated Mr. Coover needs to get “up to snuff” on this too because he just received the paperwork and IBI has had the advantage of reviewing the paperwork in advance. He stated he will try not to have to hire a lawyer, but if they have to hire a lawyer to negotiate with Mr. Coover, then they know this will probably get delayed somewhere into June or August. He reminded the Board that the 25-foot buffer is completely around the property. He explained he had used the words “20 feet,” but clarified it would be a 25-foot buffer and they are not going to ask for an exception for that.

Commissioner Horan questioned whether Mr. Morris would agree to separating out that particular piece of property as a Small Scale Amendment and transmitting the other; Mr. Morris advised he would not agree to that. He explained that because this is a PD, the Board has complete control when they have the vote in May. He advised there is no purpose in breaking this out.

Commissioner Horan stated that the original Comp Plan was adopted in 1991 and that was when Comp Plans were required to be adopted. He pointed out that since then, there have been a lot of changes in the area. He reiterated that Mr. Morris has already put into the record that he has talked to homeowners and there has not been a great deal of interest in Low Density Residential in that area. Upon inquiry by Commissioner Horan, Mr. Morris stated that the townhomes will still be under the restriction of 35 feet to the top of the roof, as they would with any single-family home. He stated the townhomes would be two stories.

Mr. Morris advised that the Applicant has also submitted into the record the nature of the changes, in terms of what has been going on, on Ronald Reagan in particular, which has had changes in use. He stated currently the property is occupied by Flea World, but once there are 800 apartment units and an office building, single-family homes might not be compatible. He added that they will explore all opportunities in terms of what a homebuilder would be willing to do, but he wants to be able to develop the property also.

Regarding Thomas Stable Road, Commissioner Horan advised the Applicant has a unique opportunity with a very competent counsel on the other side to resolve an issue and concretize the legal rights and the size of that particular easement through the development of this property. He encouraged them to do that because certainly those kinds of consensual agreements are preferable to the blunt instruments of litigation. In terms of regulating property, he stated it is really nice to know who owns it and to get that resolved by Consent would be wonderful. Mr. Morris advised that he concurs with that, and they have given several options to the residents already. He added that the Consent Order that vacated the case was issued last year. Regarding the ownership issue, he stated an Assertion of Rights was only issued last year, and now the Applicant is developing the property.

Upon inquiry by Commissioner Constantine regarding how many transmittal letters have come back with a negative recommendation in the last five years in which the Department of Economic Opportunity has been in existence, Mr. Morris answered to his knowledge none have come back to Seminole County with a negative recommendation. Commissioner Constantine stated he thinks statewide one has come back.

Commissioner Constantine stated he wants to be very clear that there is no presumption of the Board being in support of this Large or Small Scale Land Use Amendment after they send the transmittal letter. He advised the Board may have various feelings about this, and he has some very positive feelings also about the north side. He opined that there is a very little chance that the DEO will have any negative comments; but whether they do or not, it is still the Board’s responsibility as the local elected officials to make the determination of what the land use is going to be in that area.

Commissioner Dallari recalled two situations where the Board has sent the transmittal letter and then voted the request down. He stated it is not a given that the Board will approve the request. Discussion ensued.

Commissioner Horan stated the reason for this process is to give the public as much opportunity as possible to have input into the process and certainly no decisions are being made today that are cast in stone. He stated he has some concerns that he would like to see addressed in a formal public hearing on the change of the land use, which is basically what is being done with the area contiguous to Thomas Stable Road, but this hearing is not the place where that particular evidence needs to be adduced and a decision on that. With regard to the actual issue that is in front of the Commission, he thinks it is clear that they are legally required at this time to authorize the transmittal of the Large Scale Future Land Use Amendment to the State for review so it can come back.

Motion by Commissioner Horan, seconded by Commissioner Constantine, to authorize transmittal of the Large Scale Future Land Use Map Amendment from Low Density Residential, Planned Development and Office to Planned Development to the State Land Planning Agency; and authorize transmittal of the associated Rezone from Planned Development (PD) and Agriculture (A-1) to Planned Development (PD), for 118.55 acres located on the north and south sides of Ronald Reagan Boulevard, and east of County Home Road and U.S. Hwy 17-92, as described in the proof of publication, Richard Wohlfarth, P.E.

Commissioner Dallari advised he had ex parte communications with various residents. He advised he will base his decision on the information presented at this meeting.

Commissioner Horan advised he had ex parte communications on several occasions with Mr. Partyka, Mr. Wohlfarth and Mr. Morris as well as Tracey Driscoll. He stated his decision is based on the evidence that has been presented today.

Commissioner Constantine advised he also had ex parte communications. He advised he met with Mr. Morris and Tracey Driscoll. He hopes that the two parties get together regarding the south side. He opined there is a tremendous opportunity to redevelop U.S. Hwy 17-92 in a way that would be of a tremendous asset to Seminole County and its citizens.

Chairman Carey commented that she has had more citizens call to complain that Flea World is closing than to call with concerns about the rezoning. She stated this is a great opportunity for the redevelopment of U.S. Hwy 17-92. She advised her concern remains with what happens on the south side of the road. She advised the Board has talked a lot over the years about transitioning to have High Density and Mixed Use on the north side of the road and transitioning into what really has been a Suburban Estates lifestyle. She hopes the Applicant will look at other options as well and suggested Commercial along the front of the property and Single Family behind. She added that she hopes the issues will be worked out before this comes back before this Board.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Constantine left the meeting at this time.

LEGISLATIVE UPDATE

Meloney Lung, Assistant County Manager, addressed the Board to present the Legislative Update. She advised Southern Strategy Group met with Chair Metz and Senator Bradley regarding the DJJ situation, and they both expressed interest in solving it this session. She stated they feel very hopeful that there will be some resolution.

With regard to the Water Bills, Ms. Lung discussed House Bill 703 and Senate Bill 918. She advised House Bill 703 does not appropriate any funding. Senate Bill 918 has septic tank requirements. She pointed out that both sides seem far apart. She discussed Senate Bill 586 and advised when they did some distribution of Amendment One funding, they had reallocated some affordable housing funding and transportation funding. Last week SB 586 was amended to put back the state and local affordable housing funding. She advised staff is still watching it for the transportation portion.

With regard to fiscal sustainability, Ms. Lung discussed House Bill 681 and advised it will no longer affect Seminole County. She stated that bill was going to limit medical transport service fees and it would have greatly affected the Fire Fund. Earlier this week they did amend that bill to take out EMS transport, and she believes the Senate bill will be corrected as well.

Commissioner Constantine entered the meeting at this time.

With regard to homelessness, Ms. Lung stated the issues she discussed at the last meeting have been amended, but the companion bill in the House appears to have stalled. She stated that there are no reforms in FRS this session. The employer rates have stabilized and it is better funded than it was last year. She advised last year it was 85.9% and this year it is 86.6%.

Commissioner Horan reported on the Florida Association of Counties Legislative Executive Committee conference call. He stated the only actionable information involved a change of the policy statement on enterprise zones from proposing that they be reauthorized to being in favor of a substitution for the enterprise zones. He stated this would mean there will be a loss of about $15 to $20 million per year in economic development funding that would be going to those particular local governments that do authorize enterprise zones. He confirmed Seminole County does not have any enterprise zones; they have foreign trade zones, so it really does not affect Seminole County all that much.

CHAIRMAN’S REPORT

Chairman Carey reported that at the Central Florida Expressway Authority Meeting they approved the reduction of the rate to purchase an E-Pass from $25 to $15 in preparation for people using alternate routes while the Ultimate I-4 Construction is underway for the next six years.

Chairman Carey stated the Turnpike Authority, who is the operator of the Seminole County section of the expressway, is talking about putting express lanes inside the toll lanes and they want to start construction next year. She opined this is a really bad idea since SR 417 is really the alternate for people coming through Seminole County to get past the I-4 construction. She noted she mentioned this to the Governor and is further talking to Florida Department of Transportation (FDOT) as well as the Turnpike Authority.

Chairman Carey advised when the Seminole County Expressway Authority made the decision to build SR 417, they did not have somebody to operate it once it was completed. Because the Central Florida Expressway Authority was just Orlando and Orange County at that time, the responsibility of operating SR 417 was given to the Turnpike Authority because they were the only statewide toll operating agency that could operate it. Now that Seminole County has a seat at the Expressway Authority table, Chairman Carey stated she has asked them to go back and look at potentially swapping some things out with the Turnpike Authority to make 417 and the Wekiva Parkway all be operated under one operator.

Chairman Carey commented that the traveling public does not recognize that there is any difference. They just pay a toll and do not really know there are two different managing agencies, one being the Turnpike Authority and one being the Central Florida Expressway Authority. She stated hopefully they can move forward and try to streamline and clean up some of the things that have been done in the past.

Discussion ensued regarding the advantages of having the Central Florida Expressway Authority in charge of SR 417.

Commissioner Horan questioned if the segment of SR 417 in Seminole County is paid off. Chairman Carey stated she does not know, but she thinks it should be because of the time it has been in existence. She emphasized that she would like to know that Seminole County has a voice in what happens on a major toll road in Seminole County.

Commissioner Dallari agreed with Chairman Carey that now that Seminole County has a seat on the Expressway Authority, he hopes to move the management of SR 417 to the Expressway Authority so they can have a better voice.

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Chairman Carey advised at the Expressway Authority meeting she brought up the Lake Pickett North and South projects. She discussed Commissioner Scott Boyd’s request at the Orange County Commission meeting that those development plans go to the Regional Planning Council. She noted that she has circulated to the Commissioners the response to the letter she sent to Mayor Teresa Jacobs and has scheduled a meeting on April 1st with the Mayor to talk specifically about those two projects. Chairman Carey advised she does not know that that the Regional Planning Council will have much authority to do much about these two projects, but it will be a place to discuss them. She discussed working with Orange County to make sure there is continuity in transitioning from Seminole County’s rural area into what will be a new city in Orange County’s eastern boundaries.

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Chairman Carey discussed Labor Day falling on the day before a scheduled BCC meeting.

Commissioner Dallari stated his only concern is that the Board approves their budget in September. Chairman Carey advised the public hearings are on September 9th and September 22nd and cancelling the first BCC meeting in September would not interfere with those hearings. She stated if there are no objections, she will update it as they go through the summer and see what the workload is. No objections were voiced.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Dallari reported that MetroPlan is planning on moving to downtown Orlando, towards the end of this year, more centrally located across from the SunRail station by the SunTrust building. He stated as that time approaches, he will provide more information to the Board.

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Commissioner Dallari discussed the meeting he had with Commissioner Ted Edwards in Orange County about the BCC’s concerns about the projects in the Lake Pickett area. He advised he spoke with Commissioner Edwards about trying to do a JPA with Orange County and Commissioner Edwards said that he would be willing to entertain it, but he would not commit to any substance without seeing what Seminole County is asking for. Commissioner Dallari stated he knows the County sent a letter out to Orange County about coordinating, but he did not see anything in the letter talking about the JPA and would like for the Board to formally suggest to Orange County that they try to enter into a JPA (Joint Planning Agreement) between Seminole and Orange Counties.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to ask Chairman Carey to respectfully request Orange County start discussions about a JPA with Seminole County referencing parts of the County's letter regarding projects in the Lake Pickett area.

Under discussion, Commissioner Constantine advised Commissioner Boyd and Commissioner Nelson of Orange County BCC are on the Regional Planning Council and there was an informal discussion at the meeting where Commissioner Boyd and Commissioner Nelson were both not only willing but thought it was a good idea if Seminole County asked for a JPA. He added he had a meeting with Commissioner Thompson and she felt the same way. He thinks that there is a real trend with most of the Commissioners in Orange County as well as the Seminole County BCC to do some positive planning in that area, not only for the two projects discussed in the letter but the entire area. Commissioner Dallari reiterated that Commissioner Edwards would not commit to any particular item, but he said he would entertain items the two Boards could discuss.

Chairman Carey advised she would really like to have an opportunity to talk to Mayor Jacobs face-to-face to see if a JPA is something that Orange County would be interested in. She explained she would want Seminole County to be able to have an opportunity to work with Orange County, if not through a JPA then just through cooperative efforts and ways. She stated if it is a “JPA or nothing,” she thinks it may send the wrong message. Commissioner Dallari stated Seminole County is interested in a JPA and wants to formally ask Orange County. He advised they want to talk about different items, and he does not think Seminole County is asking for a “JPA or nothing.”

Commissioner Constantine commented that knowing Mayor Jacobs and her philosophy of good planning, he thinks she will be in support of a JPA. The worst case would be that Orange County says they do not want a JPA but wants to work with Seminole County. He advised he thinks the Board owes it to their citizens to ask for a formal Joint Planning Agreement in that area with Orange County.

Commissioner Dallari clarified his motion that the intent of the JPA would be to include the SR 419 corridor around Seminole County by the Orange County border and Commissioner Constantine agreed to the clarification. He thinks it is important to come up with a game plan. He advised he thinks it is important to plan for the whole area, not just the two projects. Discussion ensued regarding establishing a boundary line. Chairman Carey requested Ms. Guillet have the Planning staff come up with a recommendation.

Commissioner Horan advised there is no harm in asking Orange County for an interlocal agreement, but he thinks the problem is they are putting too much pressure on themselves by calling it a Joint Planning Agreement. He believes they should formally ask that Orange County staff and Seminole County staff get together and define those particular geographical areas, which are the areas that are contiguous to Seminole County’s eastern rural areas. He added that he thinks they ought to submit their request to Orange County in the formal letter, whether they want to call it a Joint Planning Agreement, an Interlocal Agreement or an Agreement Pursuant to the Counties’ Respective Intergovernmental Coordination Elements of their comprehensive plans.

Commissioner Horan advised he would never be so arrogant as to think that Orange County would cede to Seminole County’s Board or citizens’ jurisdiction over the land uses of Orange County. He stated that in some areas out in the eastern Central Florida areas, Orange County’s vision and land uses are compatible to Seminole County’s vision and land uses and in some areas they are not. He advised that whether they are compatible or not from a planning point of view, it seems that stormwater, traffic and so many other things that relate to development do not really follow planning concepts. Regarding stormwater and traffic, he stated it is probably in the County’s best interest to have an agreement.

Chairman Carey opined that if they follow the “How Shall We Grow?” regional growth vision that the region adopted, that would certainly be helpful because it addresses corridors, countryside and all those kind of things.

Chairman Carey requested staff draft what they think an agreement might look like based on the discussion here today, as well as a boundary map, so they can be specific about what they are going to do because if the Board is going to request some type of an agreement, she would like to leave an outline of that with the Mayor because she does not want Orange County’s staff to be the ones to draft it. She opined she would rather present what Seminole County had in mind and work off that outline. She requested an aerial that lays out the area and points out the Board’s concerns as well as what some language could look like. She stated the Board only had three or four main points that they tried to make in the letter. She requested that staff at least draft an outline and a map before her meeting with Mayor Jacobs on the 1st.

Ms. Guillet clarified with the Board that their primary concern is to protect the integrity of the rural area.

Districts 1, 2, 3 and 5 voted AYE.

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Chairman Carey reported that the County had the first project kickoff for the Sales Tax projects for the Southwest Road Ditch Enclosure project. She thanked Inwood Consulting for attending the community meeting. She stated a request for an MSBU meeting to talk about street lighting in the Lockhart area came out of that meeting, and that community meeting will be April 13th.

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Chairman Carey discussed Congressman Mica’s project called “Beyond the Ultimate.” She advised they are already working to get funding for the continuation of the toll express lanes on I-4 that would go from SR 434 to the St. Johns River Bridge. She stated Congressman Mica is hoping that the project can get started in four years and added Mr. Blackadar has seen some preliminary plans. She asked Mr. Blackadar to touch base with all the Commissioners to share with them what is being done as far as federal projects to be managed by the Department of Transportation.

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Chairman Carey reminded everybody of the Seminole County Farm Tour on March 27th, which is a self-guided tour of four of Seminole County's farms.

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Chairman Carey advised there were a few events over the weekend where SunRail was paid for by private interests or other agencies and the ridership numbers were 28,000 over the weekend.

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Motion by Commissioner Constantine, seconded by Commissioner Horan, to approve appropriate Resolution #2015-R-67 in appreciation of Bill James for his service on the Seminole County Parks & Preservation Advisory Committee; and approve appropriate Resolution #2015-R-68 appointing Jim Vickaryous to the Seminole County Parks & Preservation Advisory Committee until the end of Mr. James’ term in January 2016.

Districts 1, 2, 3 and 5 voted AYE.

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Chairman Carey requested staff put the Board appointments with the District Commissioner Reports on the agenda from now on.

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Chairman Carey reminded everyone there is a work session upstairs after the meeting and a continuation of the work session earlier on the Sports Complex.

ITEMS FOR FUTURE AGENDA

John Horvath, 1004 Bradford Drive, addressed the Board to state he has lived on the Orange/Seminole County line in the Goldenrod area for his entire life. He stated he would talk to Commissioner Edwards of Orange County about a Joint Planning Agreement.

Mr. Horvath questioned why he received two house calls from Seminole County regarding the backflow device in his yard. Chairman Carey advised she would have staff contact Mr. Horvath to explain why they were there twice in a month.

Mr. Horvath discussed making room in the County’s budget for the fire stations and equipment.

Chairman Carey advised Mr. Horvath that the Board will be going into a budget workshop following this meeting and he was welcome to attend.

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Nallan Chari, 1911 North Street, addressed the Board to discuss his concern with Seminole County staff for not addressing the water pollution in the pond in his back yard. He read his March 24, 2015 letter (received and filed) into the record.

Chairman Carey advised the Board cannot order staff to do anything. They will give the information to Ms. Guillet as staff works for her, but it is a violation of the Seminole County Charter for the Board to direct staff. She advised she will give the information to Ms. Guillet and ask her to get with staff and make sure they are following policies set by the Board in Seminole County.

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Pastor Lowman Oliver, 2726 Bungalow Boulevard, addressed the Board to inquire if Seminole County provided funding for the Boys & Girls Club. Commissioner Horan explained that the County has the Community Service Assistance Program, under which they provide funding to various community service organizations based upon a scoring system that the County has set up concerning whether they are an essential or a supportive community service.

Pastor Oliver stated he is taking a very close look at the disparities that exist within the neighborhoods and with those organizations no longer in existence that served the children so well, and his understanding is that they are struggling for funding and programs have been eliminated.

Commissioner Horan encouraged Pastor Oliver to partner up with similar organizations that are involved in initiatives like his and seek grants, funding or assistance in any way he can because the larger the organization and the more coordinated they are with other faith-based or service organizations, the better their chance is of getting funded.

Chairman Carey discussed the Community Development Block Grant funds for community services. She requested staff get with Pastor Oliver to figure out what needs to be done. She stated if there needs to be a community discussion or a private meeting with the faith-based community, they are happy to do that as well.

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John Casselberry, 700 Lost Lake Lane, addressed the Board to discuss a service tax that could be a substitute for ad valorem taxes. He stated that how to change from one tax system to another is the complicated thing, and also how to apportion it. He opined it could be statewide collections divided by population or it could be collections from each county or counties and cities. He said he thinks they had a school vote in the last year or so where they added on a sales tax with a rollback of the school millage. If they actually were going to vote on a service tax as a substitute for ad valorem tax, it’s not a complete substitute because it generates 80% of the revenue of ad valorem taxes statewide but not 100%. He is thinking that the easiest thing to do is to put it on a ballot that rolls back the millage by whatever is paid to the County, so probably in the first year or two, it would cut the ad valorem taxes in half. Over the years, it might completely substitute it. He added they may have a duel system for a long time if they were to do something like that and it just “decomplicates” it by just making a formula that says wherever revenue is collected, it comes back from the State to the County and they reduce the millage and the Cities do the same thing.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:40 p.m., this same date.

ATTEST:_______________________Clerk_____________________Chairman

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