FEBRUARY 10, 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, February 10, 2015, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.


Chairman Brenda Carey (District 5)

Vice Chairman John Horan (District 2)

Commissioner Lee Constantine (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Circuit Court & Comptroller Maryanne Morse

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Erin Leben



     Commissioner Robert Dallari (District 1)



     Pastor Ron Williams, Palmetto Avenue Baptist Church, gave the Invocation.

     Commissioner Constantine led the Pledge of Allegiance.


The Business Spotlight video for Forensic Engineering Technologies was presented.


     Joanne Cornelius, 138 Country Club Circle, addressed the Board to state she would like to see SunRail running on weekends and holidays and a closing of the gap on weekdays.  She stated she would also like LYNX to run a late night service. 

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


     Nicole Guillet, County Manager, advised staff is requesting Item #19, East Orange County Projects, be continued until the February 24th BCC Meeting.  She stated Commissioner Dallari could not be here today and he would like to participate in that discussion.  In addition, there is an Add-on, Item #1A, Qualified Target Industry Business (QTI) Job Creation Schedule for Advanced IT Concepts, Inc., extending the date of completion from December 31, 2018 to December 31, 2019. 

Chairman Carey noted that Commissioner Dallari will not be in attendance today as he is in Washington D.C. with MetroPlan Orlando and she has asked him to see the County’s federal lobbyist while he is there. 

Commissioner Henley requested that Item #6, an Agreement with Red Raiders Baseball Club, be pulled for a separate vote. He advised he will be recusing himself and filing a Conflict of Interest form.

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

County Manager’s Office

     Business Office

1A.  Adopt the amended Qualified Target Industry Business (QTI) Job Creation Schedule for Advanced IT Concepts, Inc., extending the date of completion from December 31, 2018 to December 31, 2019. (A-0445-15)


Community Services

Community Development Division

1.    Approve and authorize the Chairman to execute the First Amendment to Seminole Work Opportunity Program Agreement which delays the payment of the first installment of the loan until June 1, 2016. (A-0313-15)

2.    Approve and authorize the Community Services Department Director to sign the Homeownership Assistance Agreement between Seminole County and Homebuyer of Unit Developed with Home Funds. (A-0407-15)


Development Services

Planning & Development Division

3.  Approve the final plat for the WW Ranch Subdivision containing 2 lots on 14.25 acres zoned A-1 (Agriculture), located on the north side of East Lake Drive, approximately 1400 feet south of Center Drive. (A-0369-15)


Leisure Services

Tourism Development Division

4.    Approve and authorize the Chairman to execute an Agreement with Spring Break Sports, Inc. in the amount of $15,500 for the 2015 Spring Break Tennis Program to be held February 21 through April 4, 2015. (A-0184-15)

5.    Approve and authorize the Chairman to execute an Agreement with Florida Collegiate Summer League, Inc. (FCSL) in the amount of $18,060 for the 2015 Florida League High School Invitationals to be held March 16 through 20, March 23 through 27, and March 30 through April 2, 2015. (A-0384-15)

7.    Approve and authorize the Chairman to execute an Agreement with Florida Half Century Amateur Softball Association, Inc. in the amount of $21,160 for four Florida Half Century State Senior Softball Tournaments to be held February 14 through 15, March 21 through 22, August 22 through 23, and September 12 through 13, 2015. (A-0386-15)


Public Safety

Animal Services Division

8.    Approve the form and content of the Pet Rescue Cooperative Service Agreement and delegate authority to the Animal Services Division Manager or designee to execute these agreements with individual pet rescue groups that partner with the Seminole County Animal Services Division. (A-0402-15)

EMS/Fire/Rescue Division

9.    Approve and authorize the Chairman to execute the Agreement between Seminole County and Triple B Acquisitions, LLC for fire and rescue training. (A-0389-15)


Public Works

Engineering Division

10.    Adopt appropriate Resolution #2015-R-33 and authorize the Chairman to execute a Local Agency Program (LAP) Agreement with the State of Florida, Department of Transportation (FDOT), in conjunction with the construction of a trail adjacent to Rinehart Road from County Road 46A to north of St. Johns Parkway. (A-0356-15)


Fleet/Facilities Division

11.    Approve and authorize the Chairman to execute the Fourth Amendment to Seminole County Health Department and Community Services Lease, with J.A.B. Shopping Center II, LLC. (A-0425-15)


Resource Management

Budget and Fiscal Management Division

12.    Approve and authorize the Chairman to execute appropriate Resolution #2015-R-34 implementing Budget Amendment Request (BAR) #15-043 through the North Collector Impact Fee Fund and 1991 Infrastructure Sales Tax Fund to appropriate budget of $214,736 from Reserves to refund excess Impact Fee credits for the Lake Forest Joint Venture Agreement. (A-0398-15)

Purchasing & Contracts Division

13.    Award CC-9909-15/AMM, Construction Services Agreement, 2014 Landfill Gas Collection & Control System Expansion at Osceola Road Landfill in the amount of $452,215 to CMI Environmental, Inc. of Monroe, NC; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-0378-15)

14.    Approve Change Order #1 to CC-8548-13/JVP, Eastbrook Sidewalk Phase II with Conpilog International Company of Orlando in the amount of $30,614.68; add an additional 52 calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order. (A-0403-15)


Districts 2, 3, 4 and 5 voted AYE.



Agenda Item #6 - A-0385-15

     Motion by Commissioner Horan, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute an Agreement with Red Raiders Baseball Club in the amount of $13,500 for the 2015 Super 9 Series Tournaments to be held February 14 through 15; February 28 through March 1; March 21 through 22; March 28 through 29; April 11 through 12; April 18 through 19; May 16 through 17; and May 30 through 31, 2015.

   Commissioner Henley abstained from voting and submitted a Memorandum of Voting Conflict form. 

   Districts 2, 3 and 5 voted AYE.


Agenda Item #15 - A-0420-15

   Bryant Applegate, County Attorney, presented the request to acquire Jonathan D. Hamilton’s property located at 5426 Cub Lake Drive, Apopka, to provide better drainage and environmental quality for the Bear Lake Water Basin as outlined in the Agenda Memorandum.

Motion by Commissioner Horan, seconded by Commissioner Henley to approve and authorize the Chairman to execute a Purchase Agreement with Jonathan D. Hamilton in the amount of $430,000 for the acquisition of property located at 5426 Cub Lake Drive, Apopka.

Districts 2, 3, 4 and 5 voted AYE.




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

Clerk's Office (A-0393-15)

15.    Approval of Expenditure Approval Lists dated January 12 and 20, 2015; and Payroll Approval List dated January 15, 2015; approval of the BCC Official Minutes dated January 13, 2015; Clerk's "Received and Filed" for information only.


1.    Development Order #15-275000048, Roza Corp/ Cumberland Farms, Inc., 225 Oxford Road, Alcohol License.


2.    Board of Adjustment Approval Development Orders as follows:  #14-30000084, Nicholas & Laura Clark Variance; #14-30000088, Joseph T. and Jennifer Yamin Variance; #14-30000090, Robert O. Bitner, Jr. Variance; #14-30000083, Daniel D. and Rita L. Ellis Variance; and #14-30000089, Randall E. Osborn Variance.


3.    Board of Adjustment Denial Development Order #14-30000086, Richard M. Wesson, Variance.


4.    Community Services Funding Agreements (CSA) for Fiscal Year 2014-15 with Seminole County Victims’ Rights Coalition d/b/a Safehouse, Seminole County Victims’ Rights Coalition d/b/a Safehouse (Yana Project), Seminole County Bar Association Legal Aid Society, Inc., IMPOWER, Inc., The Christian Sharing Center, Inc., and Seminole County Coalition for School Readiness, Inc. d/b/a Early Learning Coalition of Seminole, as approved by the Board of County Commissioners on October 14, 2014. 


5.    Bill of Sale for the acceptance of the Potable and Reclaimed Water and Sewer Systems within the project known as Walden Cove.


6.    Bill of Sale for the acceptance of the Water and Sewer Systems within the project known as Walden Lakeside Estates.


7.    Maintenance Bond #59BSBGQ7538-A for Water and Sewer Facilities for the project known as Tuska Reserve in the amount of $29,095.80.


8.    Parks Contracts for Services for Benjamin Lopez Albino, Matthew Egert, Aaron Garrett, John Marzullo, Dallas Reed, and John Shinkle.


9.    Release of Lien for Code Enforcement Case #10-98-CEB, James R. and Donna M. Sada, as approved by the Board of County Commissioners on December 9, 2014.


10.    Change Order #4-REV to CC-8898-13.


11.    Work Order #26 to CC-8199-12.


12.    Work Order #22 to PS-8186-13.


13.    Change Order #2 to Work Order #8 to CC-9192-13.


14.    First Amendment to IFB-602048-14.


15.    Work Order #63 to PS-4388-09.


16.    Amendment #1 to Work Order #11 to PS-8148-12.


17.    Closeout to Work Order #8 to CC-9192-13.


18.    Amendment #1 to Work Order #14 to PS-4736-09.


19.    Change Order #9 to RFP-7760-12.


20.    Change Order #4 to CC-8457-13.


21.    Work Order #9 to PS-8072-12.


22.    Closeout to Work Orders #3 & #4 to CC-9072-13.


23.    Closeout to RFP-7760-12.


24.    Closeout to Work Order #3 to CC-9192-13.


25.    Amendment #1 to Work Order #4 to PS-8565-13.


26.    Amendment #1 to Work Order #1 to PS-8565-13.


27.    Work Orders #77, #78 and #79 to PS-4388-09.


28.    Closeout to Work Order #1 to CC-9192-13.


29.    Change Order #3 to CC-9025-13.


30.    Change Order #3 to Work Order #1 to CC-9072-13.


31.    Change Orders #3, #4 and #5 to Work Order #6 to CC-9192-13.


32.    Work Order #5 to CC-9072-13.


33.    Change Order #1 to CC-9660-14.


34.    Amendment #1 to PS-8047-12.


35.    Change Order #5 to Work Order #6 to RFQ-5888-10.


36.    Closeout to CC-9317-14.


37.    Amendment #3 to Work Order #63 to PS-4388-09.


38.    Amendment #4 to Work Order #1 to PS-5738-10.


39.    Amendment #2 to Work Order #101 to PS-5120-02.


40.    Final Order Approving Non-Standard Meter Rider from the Florida Public Service Commission re:  Docket #1302223-EI, Order #PSC-15-0026-FOF-EI.


41.    Letter from City Clerk Donna Gardner, City of Casselberry, to Seminole County Clerk of the Circuit Court, Maryanne Morse, regarding Annexation Ordinance #14-1412.


42.    First Amendment to Project Agreement LWCF Project #12-00587/Department of Environmental Protection  (DEP) Contract #LW587, Black Bear Wilderness Area Project.


43.    Amendment #2 to Project Agreement LWCF Project #12-00581/Department of Environmental Protection  (DEP) Contract #LW581, C.S. Lee Park.


44.    Final Adopted Budget for Seminole County for Fiscal Year 2014/15 received from Resource Management.


45.  Bids as follows:  IFB-602158-15 and CC-9909-15.


Districts 2, 3, 4 and 5 voted AYE



Item #17 - A-0396-15


                Edward Bass, Director of Resource Management, addressed the Board to present a Recommendation of Bank Loan Proposal to provide funding for the refunding of the Sales Tax Revenue Bonds, Series 2005A.  Mr. Bass presented the request as outlined in the Agenda Memorandum. 

Upon inquiry by Chairman Carey, Gary Akers, First Southwest Company, addressed the Board to advise the attorney fees have been reduced to $5,000, which is comparable to the other proposers; and at the time the proposal was submitted, it was subject to credit approval, which has been done at this time.

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

Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize staff, in concert with the County’s financial advisory, to finalize the loan terms and documents with Raymond James Capital Funding for the issuance of the Sales Tax Refunding Revenue Note, Series 2015, in an amount not to exceed $30,100,000 to provide for the refunding of the Sales Tax Revenue Bonds, Series 2005A; and authorize bond counsel to prepare and finalize the necessary bond resolution and closing documents to facilitate the formal award and closing.

Under discussion, Commissioner Horan clarified his recommendation is for Option B, with a proposed interest rate of 2.5%. 

Districts 2, 3, 4 and 5 voted AYE.


No report.


County Attorney Bryant Applegate addressed the Board to advise every year he assigns an attorney to work with the County Manager's Office to monitor all pending bills in Tallahassee and will continue to do so.  He stated his office gets a daily report of all bills that have any possible effect on any of the departments in the county.



Meloney Lung, Assistant County Manager, addressed the Board to state she distributed a list of the 2015 Federal Legislative Priorities for Seminole County, Florida (copy received and filed).  She stated the list includes support for SunRail Phase II funding; clarification to the rule language for the Waters of the United States (WOTUS); support for expansion of the McKinney-Vento Homeless Assistance program; and support for funding of federal grant programs for public safety, emergency management and affordable housing.  She advised if the Board would like to add any more priorities to the list, she will do so before providing it to the federal lobbyist, Jim Davenport. 

Commissioner Horan stated he thinks the special push has to be for SunRail Phase II.  He opined that adding any additional items might dilute the effectiveness.  He pointed out that Mr. Davenport has been particularly responsive concerning certain inquiries he personally has made recently. 

Chairman Carey reiterated that Commissioner Dallari is in Washington and that she has asked him to reach out to the lobbyists and see if there's a need for him to make the rounds while he's there.  She stated she knows the Board has contacts with federal legislators at various levels and the Board needs to communicate the things that are important to them. 

Ms. Guillet advised that the list is dynamic and as issues come up during the year, it can certainly be revised.  Chairman Carey opined that the number one priority has to be SunRail funding.  Ms. Guillet noted that the people that represent the County in Washington also represent other entities that are similarly interested in SunRail, so it’s being looked at for multiple entities. 

Ms. Lung advised that on the state level, there were 774 bills filed and she is tracking approximately 150.  She stated she will provide the Board with an electronic copy of what she is tracking for their review, and the Board can let her know if there are any they want to add.


     Motion by Chairman Carey, seconded by Commissioner Horan, to appoint Valmarie Turner to the Homeless Services Network of Central Florida Board of Directors as a representative for Seminole County.

Districts 2, 3, 4 and 5 voted AYE.


Chairman Carey reminded everyone that the State of the County will take place on Thursday, February 19th, and it is in partnership with the Chamber of Commerce.  Registration will begin at 11:30 a.m. at the Westin in Lake Mary. 


Motion by Chairman Carey, seconded by Commissioner Horan, to approve appropriate Resolution #2015-R-35, appointing Susie Dolan to the Value Adjustment Board to fill the term of Michelle Ertel. 

Districts 2, 3, 4 and 5 voted AYE.


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

1.      Letter dated January 23, 2015 from Marva Johnson, Bright House Networks, to Commissioner Brenda Carey regarding upcoming changes to cable programming.  C:  Nicole Guillet; Matt Chessler; Michel Champagne, Bright House Networks.


2.      Copy of a letter dated January 27, 2015 from Chairman Carey to Therese McMillian, Federal Transit Administration RE: request for funding for SunRail Phase II North in President’s Fiscal Year 2016 budget.


3.      Letter and attachments dated January 28, 2015 from Traci Houchin, Sanford Deputy City Clerk to Seminole BCC RE: Ordinance No. 4334, annexation request.


Commissioner Constantine stated the Leadership Seminole Class of '24 had an event on Friday January 30th for the Boys and Girls Clubs at the airport and Commissioner Horan was there to make a few announcements. 


Commissioner Constantine noted Creative Sanford had a reception at The Gallery in Sanford on January 30th.


Commissioner Constantine stated on February 4th CALNO met in Casselberry and the main topic of discussion was Casselberry's continuing program in home improvement and how they're working with their citizens regarding small loans, grants and other types of things. 


Commissioner Constantine advised yesterday the Governor made a special announcement at the Audubon Birds of Prey in Maitland concerning the environment.


Commissioner Constantine reported that Sanlando Utilities is having a meeting with the Public Service Commission tonight concerning a rate increase at Eastmonte Park in Altamonte Springs at 6:00 p.m. 


Commissioner Constantine stated MetroPlan is having a meeting Wednesday, February 11th, at 9:00 a.m. at the Second Harvest Food Bank and he will be in attendance. 


Commissioner Constantine advised MetroPlan Orlando Transportation Disadvantaged Board will be meeting on February 12th at 10:00 a.m. at the MetroPlan office. 


Commissioner Constantine stated there’s a Public Hearing on the Wekiva Parkway Section 7A designated project on February 17th at the Rock Church in Sanford. 


Commissioner Constantine noted the Leadership Seminole Board Meeting will be on February 20th. 


Commissioner Constantine discussed the Central Florida Zoo’s search for a new CEO.


Commissioner Henley advised at the LYNX Board meeting last week the board approved the ordering of 35 natural gas-powered buses to replace the buses that are being retired.  He noted the LYNX Board also finalized the contract with Nopetro and added the construction and renovation of the fueling station is underway and is being paid for by Nopetro.  Commissioner Henley reported that LYNX finalized the contract for six months of diesel fuel at a rate of $1.81 per gallon.  He also stated LYNX won the Court of Appeal's decision in their suit with the Orlando Sentinel, so that has been put to rest.


Commissioner Horan discussed Creative Sanford, Inc.’s upcoming production “Touch and Go,” which will be at the Dr. Phillips Performing Arts Center on February 21st. 


Chairman Carey reported on the Sanford Airport Authority meeting, which took place on February 3, and advised Trinity Technology Group, a private screening company, has taken over the screening operation at the Sanford Airport. 

Commissioner Henley left the meeting at this time.


Chairman Carey discussed the recent additions to Allegiant Airlines’ destinations. 


Chairman Carey described the Civil Service Board, and announced she will be serving on the Board.  She stated she attended her first meeting on February 3rd. 


Chairman Carey reported that on February 9th she attended the City of Sanford Commission meeting where she accepted a framed Resolution as well as a plaque from the City of Sanford to Seminole County in appreciation of their partnership with the Riverwalk Project.  She gave a brief update on the project.

Commissioner Henley reentered the meeting at this time.

Chairman Carey advised she has given a plan to the County Manager and asked her to talk to the Commissioners regarding a possible trailhead under the I-4 Interchange for the trail connection that's running coast to coast.  She stated it has already been approved in concept by the FDOT to have a trailhead at that location and staff has been working to come up with some information, which has been given to the County Manager.


Chairman Carey announced the Wekiva PaintOut will be held on March 2nd through 7th at Wekiva Island.  She noted a flier (copy received and filed) for the event had been distributed to the Commissioners.


Chairman Carey reminded everyone that she and the Sheriff will be co-hosting the Annual Boy Scout Event at the Westin Hotel in Lake Mary on April 7.  She noted that Governor Scott will be this year’s honoree.


MetroPlan Orlando Update

Item #18 - A-0423-15

     Eric Hill, Director of System Management and Operations for MetroPlan Orlando, addressed the Board to give a MetroPlan update.  He explained TSMO stands for Transportation Systems Management and Operations and advised there are two ways to mitigate traffic congestion.  One is to add capacity or more roadways and the other is to manage and operate the system more efficiently, such as using traffic signal retiming. 

Mr. Hill displayed a PowerPoint presentation entitled “Value Price Study” (received and filed).  He stated he wanted to clarify some misconceptions about this study.  He explained that what MetroPlan is proposing is a test they are recommending, a demonstration, not something that will be implemented.  He advised this may come across as a recommendation for consideration of another tax, but it is not about another tax or a tax on a tax.  It is about replacement of a tax.  He added there will be no invasion of privacy associated with what they are recommending and all they are looking to do is collect information as part of a test.

     Mr. Hill displayed and reviewed the Introduction.  He reviewed the Congestion Ahead chart and indicated he is unsure the public understands how the transportation system is funded and that the revenues they use, fuel taxes, are declining.  He advised some of the reasons fuel taxes are declining is people are traveling less and more importantly, vehicles are becoming more fuel efficient, or in the case of electric vehicles, not using any fuel, so they're not paying any taxes.  Mr. Hill described the increasing corporate average fuel economy standards. 

     Mr. Hill reviewed Value Pricing in Transportation and Project Team.  He displayed Value Pricing Project and advised when, in a MetroPlan survey of public opinion, people were asked if they were open to alternative revenue sources, they indicated they would be open to something different than just paying a fuel tax to fund transportation improvements.  He continued reviewing Value Pricing Project.  He advised MetroPlan completed the project in December 2014, but they had a public involvement piece with two focus groups; one including commuters in the region and one including underserved citizens. 

     Mr. Hill displayed and reviewed Strategies.  He explained the Variable Mileage Based User Fee would depend on the type of roadway being traveled on, the time of day and congestion levels, so there would be an incentive for people to make better decisions when they travel.  Regarding Road Space Management, Mr. Hill explained people would be given an alternate day to travel based on their license tags.  He advised under this strategy, if a person wanted to travel on a day that was not assigned to them, they could purchase the day from their neighbor.  He continued reviewing Strategies.  He advised that their team recommended they do a demonstration of Mileage Based User Fee because of the results from the modeling exercise. 

Mr. Hill displayed and reviewed Guidance and Focus Groups.  He discussed the issue of privacy that was raised in the focus groups. 

Mr. Hill reviewed Orlando Chamber of Commerce/Central Florida Partnership, Demonstration.  Regarding their recommendation for demonstration, he advised they are proposing a flat mileage fee demonstration.  Mr. Hill reviewed Objectives and advised addressing out of state travel, dealing with car rentals, and dealing with so many miles of toll roads would all be issues that would need to be addressed. 

     Mr. Hill concluded his presentation by reviewing Components, Tasks, Budget, Next Steps and Funding.  Going back to Strategies, Chairman Carey asked why they are going to test the fixed mileage fee if it is one of the least attractive.  Mr. Hill explained the fee used in this part of the analysis was higher than what FDOT is looking to charge.  He noted they are looking at this as the first phase and in partnership with FDOT, who is interested in a flat fee, not the variable fee option.  In terms of moving forward, he stated they see an opportunity to work with FDOT, first looking at the whole concept of a mileage fee system and then moving into how they can use this to improve and enhance the revenue force. 

     Chairman Carey stated she understands most of the funding for this test is coming from the Federal government and from the State, but $50,000 is coming from MetroPlan.  She stated she would hate to see money wasted to come out with a result that does not make sense.  Mr. Hill noted that MetroPlan will be making a decision about moving forward tomorrow. 

Upon inquiry by Commissioner Horan, Mr. Hill advised that there have been other demonstrations around the country, but the benefit of doing a demonstration in the Central Florida area is that it is a unique environment because of the amount of tourism, toll roads and people visiting and renting cars, so they would need to figure out how to address those issues.  Upon inquiry by Commissioner Horan, Mr. Hill confirmed the reason they would want to do this study in the Central Florida area is because of those particular unique characteristics of how travel occurs and who it’s done by as well as what it will add to the body of knowledge.

Commissioner Horan stated he likes what MetroPlan is doing because it is public education.  He advised there are six trillion dollars of unfunded transportation infrastructure liabilities in this country.  He opined that at a certain point, a different way to fund transportation infrastructure needs to be determined and said he shares Chairman Carey's concern about whether or not the County needs to spend the money here, and whether the benefit of spending the extra money on this pilot program really exceeds the costs.  He stated he thinks the scholarship that is already out there can be used.  Then they can factor in those particular transportation characteristics that are unique to Central Florida and that might be a better way of going about it.  Mr. Hill displayed Tasks and discussed Core Function.  He stated that they can build on the scholarship that is already in place. 

Discussion ensued regarding other pilot tests based on fixed and variable mileage user fees.  

Chairman Carey opined the uniqueness of this area makes it even more complicated to try to figure out if they should go to a fixed or a variable rate.  She stated she does not support this kind of concept and she needs to get a clearer position from the Board because tomorrow the County’s representatives at MetroPlan are going to be asked to vote on this, according to what Mr. Hill said, and their job is to represent the Board. 

Commissioner Henley stated over the years MetroPlan has been concerned with declining revenue and the increase in congestion, so he would like to know if MetroPlan has a recommendation regarding whether the number one priority is dealing with the congestion or increasing the revenue.  He added he would also like to know who's going to set the rates.  He opined that whether it is called a tax or simply a decrease or increase in revenue, it has an impact upon the citizens' pocket book.  He discussed his concern with the local government’s control over the variable rate.  He stated there are a number of questions he would need answered before he can vote to move in this direction. 

Chairman Carey stated she thinks it would be a better use of MetroPlan’s time to evaluate the studies that have already been done and plug the additional data that is unique to Central Florida into it.  She stated she is not in favor of spending time or money on something that is just another study.  She stated she would prefer they study why the other pilot groups that did the study chose not to move forward and report back on that. 

Commissioner Horan advised that in order to make a database decision, he would need to know if there is a way of analyzing what the benefit is to adding to the current knowledge base and whether or not that benefit exceeds the cost.  He stated right now his sense of this is it would add to the knowledge base, but whether it's worth a million dollars to spend on just adding to that knowledge base and whether it can be more efficiently and less expensively done through analysis of data that already exists are questions he would want to have answered in order to make a decision based upon a cost/benefit analysis.  He stated he is always in favor of scholarship, as long as it doesn't cost too much, but he is not convinced at this point that the benefit of spending this million dollars exceeds the cost.

Mr. Hill commented that what he is proposing is just a test, and the issues that the Board raised would seek to be resolved in the test.  Some of the information that's currently available will be integrated in the test so that they get a comprehensive evaluation.  Upon inquiry by Commissioner Constantine, Mr. Hill confirmed that of the million dollars indicated on Funding, the portion from MetroPlan would be $50,000.

Commissioner Constantine stated at the last MetroPlan meeting, it was discussed that this would not be prudent unless the State moved forward with some sort of agreement that this is something they wanted to do and maybe identify certain areas of the state because it would be a statewide implementation, as opposed to a local.  Mr. Hill stated what he is proposing would be for the MetroPlan Orlando area.  Commissioner Constantine stated it was the general discussion that Mr. Barley would contact the State, and MetroPlan would not move forward until they found out what the State’s intentions were and if they wanted to participate in the study also.  Mr. Hill advised MetroPlan has had discussions with FDOT and they've expressed their willingness to partner on this work.  He stated the one option that was discussed at the work shop last month was if the application is selected, the Board could decide that they would prefer FDOT take the lead and that MetroPlan Orlando would step back and that FDOT would be able to use the information that MetroPlan has already put together.

Commissioner Constantine stated it is clear that the antiquated gas tax revenue to pay for transportation is going to go away at some point and that the State as well as the Federal government have been struggling with this.  He stated in talking to Mr. Barley at the last MetroPlan meeting, he thought the fact that the State had a great deal of interest to do something like this would be decided before this was brought up.  He added that the State needed someone to do the study, so they didn't necessarily have to.  He thinks there are a lot of questions that still remain that may be decided or answered at tomorrow’s MetroPlan meeting.  He thinks another entity might come forward to fund this. 

Chairman Carey questioned why, if they are going to do a million dollar test, they would not test what shows to be the most favorable, which is the variable.  She stated she feels they are starting the test out at a disadvantage because they've picked the least attractive option to test.  She opined if the State wants to test that, let the State test that.  Upon inquiry by Chairman Carey, Mr. Hill advised this subject is an item at tomorrow’s MetroPlan meeting, but he is not scripted to give the presentation as they have seen it before. 

Chairman Carey stated she thinks there are a lot of questions that are not answered and unless they are answered at the MetroPlan meeting and their Board members have time to come back and talk to the rest of the Board about it, she will say no now. 

Commissioner Constantine stated he thinks the best of both worlds would be if the State decided to get involved, picked Orlando out as the test area because they have these variables, especially with tourism, and then they pay for it.  He stated he was hoping to get an answer to that tomorrow. 

Commissioner Henley mentioned he has not heard in any of the discussions the locals’ responsibility to continue the upkeep of infrastructure.  He explained right now the County knows how much they are going to be able to pick up through the gas tax.  He added they also know that if the Board chooses to do so, they can move the gas tax up to 12 cents to generate the most money.  He advised most of what is coming in right now is going towards LYNX and providing bus service to the citizens.  He expressed his concern with losing total control of everything to an entity that has little or no contact with the local government.  He questioned with all the studies out there, what new information will this test bring.  He stated Seminole County has been contributing heavily to state roads and has been able to do so because the citizens have been willing to tax themselves; otherwise, the County’s budget would be in serious trouble.  He advised he is hesitant to want to go into the unknown until they get more answers.

Discussion ensued regarding setting a fee for the study.

Commissioner Constantine opined they are putting a lot of carts before the horse.  Commissioner Henley stated they might spend this million dollars and the Legislature doesn't have any interest.  He stated he thought that was one of the things that had been brought up previously.

Chairman Carey opined this is a role the Transportation Commission could work with the State to take the lead on to try to solve the problem because their role is to try to address transportation issues state-wide and how to deal with them.  She stated the challenges in Central Florida are different than other parts of the state, so it may not be a one-size-fits-all.  She reiterated there needs to be more answers before she is willing to support it.  She stated she has asked Ms. Guillet to make a list of all the questions that have been asked today so that the Board representatives can ask them at the MetroPlan meeting tomorrow and get some answers for the Board.

Commissioner Constantine commended Mr. Hill and MetroPlan for trying to get out in front of an issue and tackle something that has been an ongoing problem for a long time.  He stated because of the tourist situation, Orlando/Central Florida has been even more negatively impacted than many other areas.  He stated he respects that this is a test and in broad terms, he thinks it’s a good idea, but there are a number of questions.  He advised even though this is just a test and there is no plan of implementation, if the State does not recognize in some form or fashion that this is something they are going to take and potentially use, then he thinks it’s not going to be as effective as they wish it could be.

Chairman Carey discussed getting a buy-in from the car rental industries, as they are going to be greatly impacted by whatever change is made.

Commissioner Horan stated he hopes it's not lost in this discussion here that no matter who does this study, or any kind of pilot program or demonstration program, that there be some kind of data-based analysis concerning whether or not the benefit of the demonstration or test exceeds the cost, and he does not see that here.  He stated he will not consider this a better idea if MetroPlan doesn't have to pay any money and it's just from the federal government because it all comes from the people. 

Commissioner Horan stated as a local government, Seminole County has done a good job in explaining to the public what the needs are in terms of the transportation infrastructure that's required and what money is required for that.  He stated that because the people of this County have made a decision to fund the transportation needs through an additional sales tax, etc., the County has been able to keep up locally with those particular needs. 

Chairman Carey stated it sounds like there is not enough information to support this at the MetroPlan meeting without having all of the Board’s questions answered and an opportunity to come back with those answers.  She advised what needs to happen at MetroPlan is that the Central Florida leadership needs to take a position.  If the position is they want the State or the Transportation Commission to take the lead on this, then that question is asked of the State and the Transportation Commission.  She stated MetroPlan Board members need to be the ones to give direction on how to move this forward, and she thinks, based on the discussion today, the Board would like it not to be local without a statewide effort.  She added it is also important to know how the local governments are going to be impacted from this because they are all different. 

Chairman Carey reiterated that she would like staff to compile a list of questions that were asked today and get them to Commissioner Constantine and Commissioner Horan today, as they will be representing the BCC tomorrow and expressing the Board’s concerns to MetroPlan.  Chairman Carey stated she believes the consensus of the Board at this time is they cannot support moving forward with the study until their questions are answered.  No objections were voiced. 


     No report.


John Casselberry, 700 South Lost Lake Lane, addressed the Board to discuss a service tax that could be a substitute for ad valorem taxes statewide. 

     Commissioner Henley left the meeting at this time.

Speaker Request Form was received and filed.


Reverend Samuel Duncan, Sanford, addressed the Board to advise he has tried to contact Chairman Carey regarding issues on 1st Drive and she has yet to meet with him.  He stated about two years ago, Commissioner Dallari took the time off from his district and came and saw the issues. 

Commissioner Henley reentered the meeting at this time.

Mr. Duncan discussed the issues on 1st Drive.  He expressed his concern with Chairman Carey not reaching out to his community or representing them.

Chairman Carey stated staff is looking at the 1st Drive issue.  She stated she has offered Mr. Duncan a meeting with her, but she has not come out to his facility.  She stated she has nine black communities in her district and she is out in them frequently.  She requested staff follow up on the 1st Drive issue. 

Brett Blackadar, County Engineer, addressed the Board to state the 1st Drive sidewalk was part of the new Sales Tax 10-year sidewalk list.

Commissioner Constantine left the meeting at this time.

Upon inquiry by Chairman Carey, Mr. Blackadar advised the first year of the Sales Tax funding is only a partial-year budget and 1st Drive is not included.  He stated staff will be prioritizing sidewalk projects in the next few weeks and they will try to include that for design next year, so after October 1st they can be under design on that project.

Chairman Carey noted for the record that the 1st Drive project was placed on the One-Cent Sales Tax list by the District Commissioner.

Speaker Request Form was received and filed.


There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:10 a.m., this same date.