BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 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, February 24, 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 Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court and Comptroller Maryanne Morse (late)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Reverend Kevin Labby, Willow Creek Presbyterian Church, Winter Springs, gave the Invocation.
Chairman Carey led the Pledge of Allegiance.
The Business Spotlight video for Team Solutions Dental Lab was presented.
Maryanne Morse, Clerk of Circuit Court and Comptroller, entered the meeting at this time.
AWARDS AND PRESENTATIONS
Agenda Item #1 – C-0001-15
Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt a Proclamation declaring February 2015 as Black History Month in Seminole County. A video of prominent African Americans was displayed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Kenneth Bentley, City of Sanford, addressed the Board to express his appreciation on behalf of the Martin Luther King, Jr. Steering Committee and African Americans in Seminole County.
Agenda Item #2 – A-0474-15
Dr. Ann McGee, President of Seminole State College, addressed the Board to present Seminole State College 50th Anniversary Commemorative Plaques and Pins. She introduced the Chairman of their Board and a graduate of Seminole State College, Alex Setzer. She thanked the Board for their partnership with the College. Mr. Setzer addressed the Board to also thank them.
Chairman Carey recessed the meeting of the Board of County Commissioners at 9:46 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #3 – A-0409-15
Sonia Fonseca, CRA Program Manager, addressed the Board to present a request to consider approval of a U.S. 17-92 CRA Redevelopment and Construction Grant Agreement in the amount of $111,531 for a new convenience store located at 2001 S. French Avenue, Sanford; and adoption of a Resolution implementing Budget Amendment Request (BAR) #15-050 through the U.S. Hwy 17-92 CRA Fund to appropriate funds from Contingency Reserves for Development Grants; Abhishek M. Shah, Applicant.
Ms. Fonseca advised that the Applicant had a vacant parcel and wants to build a 2,500-square-foot convenience store, thereby creating four new jobs. She reviewed the recommendations of the Technical Advisory Committee and the Redevelopment Planning Agency.
Ms. Fonseca advised that staff recommended a lesser amount which represents 20% of the amount for site improvements that exceed the City of Sanford’s minimum design criteria.
Upon inquiry by Commissioner Constantine, Ms. Fonseca stated that staff’s recommendation is for $37,626. Upon further inquiry, she advised that the list of items that exceed the design criteria include pervious concrete, an upgraded dumpster enclosure, upgraded landscaping and electrical, masonry, travertine, canopies and molding, and those items total $188,131. Chairman Carey submitted a letter (received and filed) into the record from McKee Construction Company listing those items and stated she agrees with staff’s recommendation.
Commissioner Horan explained the reason the Regional Planning Agency came up with the recommendation of $90,000.
No one spoke in support or in opposition.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve the funding request, in the amount of $37,626, and authorize the Chairman to execute the U.S. 17-92 CRA Redevelopment Grant Agreement to Mr. Abhishek M. Shah for construction of a new convenience store located at 2001 S. French Avenue, Sanford, as recommended by staff; and adopt appropriate Resolution #2015-R-36 implementing Budget Amendment Request (BAR) #15-050 through the U.S. Hwy 17-92 CRA Fund to appropriate funds from Contingency Reserves for Development Grants.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #4 – A-0417-15
Ms. Fonseca presented a request to consider approval of a U.S. 17-92 CRA Redevelopment and Construction Grant Agreement in the amount of $168,373 to redevelop property located at 3580 N. U.S. Hwy 17-92; and adoption of a Resolution implementing Budget Amendment Request (BAR) #15-051 through the U.S. Hwy 17-92 CRA Fund to appropriate funds from Contingency Reserves for Development Grants; 5M Associates LLC, Applicant.
Ms. Fonseca advised that the request is for a charter school to occupy a vacant building that was a theater and then a church. The Applicant is investing over $2 million of which $722,265 are considered eligible exterior improvements under the CRA program. She explained that the Applicant is requesting 20% of that amount. Staff reviewed the application and deducted the cost of the playground; therefore, staff’s recommendation for funding is $144,453.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Constantine, to approve the U.S. 17-92 CRA Redevelopment Grant Agreement in the amount of $144,453 to 5M Associates, LLC, to redevelop property located at 3580 N. U.S. Hwy 17-92, as recommended by staff; and adopt appropriate Resolution #2015-R-37, implementing Budget Amendment Request (BAR) #15-051 through the U.S. Hwy 17-92 CRA Fund to appropriate funds from Contingency Reserves for Development Grants.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #5 – A-0452-15
Ms. Fonseca presented a request to consider adoption of a Resolution implementing Budget Amendment Request (BAR) #15-048 through the U.S. Hwy 17-92 CRA Fund to appropriate, from Contingency Reserves, $250,000 in Planned Project Reserves – Stormwater Study, and $250,000 in Future Capital Improvement Planned Projects Reserves for the CRA Stormwater Study Project (CRA funding limited to a maximum of $500,000).
Ms. Fonseca stated that the Board approved the funding for the Stormwater Study and it was to be broken out into two fiscal years. She advised that since then, staff has gone through the solicitation process and identified the consultant. As a result, they need to move the funds into the line item so they can begin the work.
No one spoke in support or in opposition.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt appropriate Resolution #2015-R-38, implementing Budget Amendment Request (BAR) #15-048 through the U.S. Hwy 17-92 CRA Fund to appropriate, from Contingency Reserves, $250,000 in Planned Project Reserves – Stormwater Study, and $250,000 in Future Capital Improvement Planned Projects Reserves for the CRA Stormwater Study Project.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 9:53 a.m., and reconvened as the Board of County Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
Nicole Guillet, County Manager, stated that staff is requesting Item #15, County Surplus Property on the corner of W. Lake Mary Boulevard and S. Lake Street, be pulled from the Agenda and advised it will be brought back at a later date. Also, she advised there is an Add-on Item #15A that relates to approval of a Locally Funded Agreement with FDOT (Florida Department of Transportation).
Ms. Guillet stated that under Public Hearings, the Applicants for Item #35, Kentucky Street PD Major Amendment and Rezone, and Item #38 regarding a Voluntary Billboard Agreement, have requested they be continued.
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 Henley, to authorize and approve the following:
County Manager’s Office
6. Approve and authorize the Chairman to execute the Contract for Sale and Purchase or Transfer of Land between William E. Kirchhoff and Nixie Coleman, as Co-Trustees of the William E. Kirchhoff, Jr. Revocable Trust and Airport Industrial Partners, LLC (Sellers); and Seminole County in connection with the Sports Complex Land Swap/Sale Contract. (A-0509-15)
7. Adopt and authorize the Chairman to execute appropriate Resolution #2015-R-39, amending certain fees set forth in Section 20.26 of the Seminole County Administrative Code pertaining to fees and charges for services provided by the Seminole County Health Department. (A-0455-15)
Community Development Division
8. Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government. (A-0513-15)
Planning & Development Division
9. Authorize the release of Performance Bond #024054066 in the amount of $83,753.45 for the Ellingsworth Subdivision; Meritage Homes of Florida, Inc., Applicant. (A-0399-15)
10. Approve the final plat for Queen’s Club containing seven lots on approximately 1.737 acres zoned PD (Planned Development) located on the north side of Farrindon Circle, approximately 1,700 feet west of Heathrow Boulevard; Luke Classon, PE, Applicant. (A-0448-15)
11. Approve the debit adjustment in the amount of $13,731.42 to Birkat Harav Summer d/b/a Villas at Lakeside. (A-0285-15)
Tourism Development Division
12. Approve and authorize the Chairman to execute an Agreement with the University Athletic Association (UAA) in the amount of $9,426 for the 2015 UAA Baseball and Softball Championships to be held March 8 through 15, 2015. (A-0470-15)
13. Approve and authorize the Chairman to execute an Interlocal Agreement between Seminole County and the City of Casselberry pertaining to Oxford Road Redevelopment Funding. (A-0401-15)
14. Adopt appropriate Resolution #2015-R-40 and authorize the Chairman to execute a Subordination of County Drainage and Utility Interests Agreement with the State of Florida, Department of Transportation (FDOT), subordinating utility interests and rights for property in conjunction with improvements to SR 429, the Wekiva Parkway Project. The subject parcel, identified by FDOT as Parcel Number 130.2R, Section 77320, is located adjacent to Wilson Road just east of International Parkway. (A-0311-15)
15. Pulled from the Agenda request to adopt a Resolution providing for the sale of County surplus property to the highest bidder; authorizing staff to put out the surplus property for bid using the appraisal value of $163,500 as a minimum bid; and providing for the release of mineral rights on the surplus property located on the corner of W. Lake Mary Boulevard and S. Lake Street, Parcel ID# 09-20-30-506-0000-00C0. (A-0357-15)
15A. Adopt appropriate Resolution #2015-R-41 and authorize the Chairman to execute a Locally Funded Agreement with the State of Florida, Department of Transportation (FDOT), and a Three-Party Escrow Agreement for the Upgrade of Standard FDOT Lighting to Aesthetic Luminaries on Mast Arm Structures at nine intersections on SR 15/U.S. Hwy 17-92 between Shepard Road and Lake Mary Boulevard; FDOT-FM #240196-1-52-01). (A-0432-15)
16. Adopt appropriate Resolution #2015-R-43 authorizing the issuance of Sales Tax Revenue Refunding Bond, Series 2015, not to exceed $30,100,000, to provide for the refunding of the Sales Tax Revenue Bonds, Series 2005A. (A-0458-15)
Budget and Fiscal Management Division
17. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-42 implementing Budget Amendment Request (BAR) #15-044 through the Fleet Replacement Fund to appropriate budget of $50,000 from Reserves for the replacement of a Massey Tractor with a Kubota Tractor. (A-0422-15)
18. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-44 implementing Budget Amendment Request (BAR) #15-045 through the General Fund to appropriate budget of $31,600 from Reserves to carryforward unexpended project budget from FY2013/14 for the Solodev Website Improvement Project #00006241. (A-0450-15)
19. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-45 implementing Budget Amendment Request (BAR) #15-047 through the Tourist Development Fund (3%) and the Sports Complex/Soldiers Creek Fund to transfer $2.5 million of Tourist Development Funds approved by the BCC for temporary use on the Sports Complex back into Reserves. (A-0446-15)
20. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-46 implementing Budget Amendment Request (BAR) #15-049 through the 2014 Infrastructure Sales Tax Fund to appropriate budget in the amount of $1,511,245 from project contingency to be provided to the City of Casselberry for the Oxford Road Redevelopment Project. (A-0456-15)
Purchasing & Contracts Division
21. Approve the Sole Source Procurement and Master Agreement with AT&T Corporation, Bedminster, NJ, for the purchase, installation and maintenance of AT&T Intrado Viper System upgrade (previously known as Positron Viper System) and Power 911 Intelligent Workstations with PowerMap, Power MIS and E-Printer (5 PSAP Systems) for $3,450,256.77; and authorize the Purchasing & Contracts Division to execute the Master and Service Agreement. (A-0469-15)
22. Approve Work Order #22, CEI Services for SR 434 Intersection Improvements from Florida Central Parkway to Milwee Street, under PS-8148-12/JVP, Master Services Agreement for Construction Engineering and Inspection Services for projects less than $2,000,000, with Atkins North America, Inc. of Orlando in the amount of $179,982.33; and authorize the Purchasing & Contracts Division to execute the Work Order. (A-0421-15)
23. Approve the Proprietary Procurement SS-602223-15/LJS for the purchase of SePRO herbicide for lake treatment of hydrilla from the manufacturer SePRO through local distributors for a period of five (5) years; and authorize the Purchasing & Contracts Division to execute the Purchase Orders. (A-0434-15)
24. Exercise Renewal Option #2 for PS-5190-05/DRR, Program Management Services for Environmental Services Capital Improvement Projects with CH2M Hill Engineers, Inc., Orlando. (A-0460-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the following:
Clerk’s Office (A-0457-15)
25. Expenditure Approval Lists dated January 26 and February 2, 2015, and Payroll Approval List dated January 29, 2015; the BCC Official Minutes dated February 10, 2015; and noting, for information only, the following Clerk's "Received and Filed":
1. Jobs Growth Incentive Program Interlocal Funding Agreement with the City of Sanford for Advanced Business Network, as approved by the Board of County Commissioners on September 23, 2014.
2. Certified copies of recorded Interlocal Agreement between Seminole County and the City of Longwood relating to stormwater capacity for the Longwood SunRail Station properties and Development Agreement between Seminole County and the City of Longwood regarding structured parking at the Longwood SunRail Station, as approved by the Board of County Commissioners on October 28, 2014.
3. Parks Contract for Services for Kenyan G. Howard.
4. Scriveners Error Correction for ORB 08372 PG 0320, Satisfaction of Pool Lien #11-8900007, Peter R. and Kimberly L. Smith.
5. Private Road Maintenance Bond #SU1128447 for the project known as Walden Cove in the amount of $96,824.
6. Maintenance Bond #800015810 for Water and Sewer Facilities for the project known as Lakeside Estates in the amount of $36,144.12.
7. Performance Bond #SUR0031790 in the amount of $830,795.37, Title Certification Report, and Recording of Plats for the project known as Astor Grande at Lake Forest.
8. Performance Bond #CMS0281390 for Roads, Streets, and Drainage in the amount of $55,094.79; Performance Bond #CMS0281391 for Water and Sewer Systems in the amount of $425,605.51; Plat Certification Report; and Recording of Plats for the project known as the Preserve at Lake Sylvan.
9. Amendment #6 to Work Order #41 to PS-4388-09.
10. Closeout to Work Order #20 to CC-5075-10.
11. Work Order #28 to PS-8047-12.
12. Second Assignment of Term Contract RFP-600747-09 for Disaster Debris Planning and Support Management Services from Leidos, Inc. to Tetra Tech, Inc.
13. Work Order #27 to PS-8047-12.
14. Amendment #1 to Work Order #5 to PS-6487-11.
15. Change Order #8 to CC-9155-14.
16. Work Order #1 to PS-9464-14.
17. Change Order #1 and Closeout to CC-8799-13.
18. Work Order #8 to PS-8146-12.
19. First Amendment to IFB-601796-13.
20. Closeout to Work Order #13 to CC-9192-13.
21. Work Order #69 to RFP-5465-10.
22. Eighth Amendment to RFP-601461-12.
23. Work Order #1 to PS-9622-14.
24. Closeout to Work Order #11 to CC-9192-13.
25. Work Order #21 to PS-8148-12.
26. Change Order #2 to Work Order #7 to CC-9192-13.
27. Third Amendment to RFP-4265-06.
28. Work Orders #19 and #20 to PS-8148-12.
29. Closeout to CC-8805-13.
30. Closeout to Work Order #17 to CC-5075-10.
31. Work Order #4 to PS-2825-07.
32. Memo from William (Johnny) Edwards, Solid Waste Manager, to Nicole Guillet, County Manager, regarding unauthorized commitments for Work Orders #16 and #30 to PS-5182-05 dated January 27, 2015.
33. Closeout to CC-8757-13.
34. Change Order #14 to CC-6877-11.
35. Change Order #1 to Work Order #9 to CC-9192-13.
36. Amendment #2 to Work Order #101 to PS-1529-06.
37. Master Agreement #02032015 between Seminole County and AT&T Corp.
38. Parks Contracts for Services with Craig J. Malatesta and Lynn E. Ford.
39. Bids as follows: IFB-602182-15, CC-9899-15, IFB-602171-15, and IFB-602172-15.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the following:
26. A contribution of $5,000 from the Law Enforcement Trust Fund to provide funding in support of Mothers Against Drunk Driving (MADD). (A-0454-15)
27. A contribution of $2,000 from the Law Enforcement Trust Fund to provide funding in support of the Rising Achievers Program sponsored by the Rotary Club of Seminole County South. (A-0453-15)
28. An expenditure of $25,000 from the Law Enforcement Trust Fund to provide funding to Seminole Work Opportunity Program (SWOP), a not-for profit organization providing training and work opportunities for adults with developmental disabilities. (A-0468-15)
29. An expenditure of $50,000 from Law Enforcement Trust Fund to provide funding in support of the United Negro College Fund. (A-0472-15)
30. An expenditure of $150,000 from the Law Enforcement Trust Fund to provide funding in support of programs for military personnel and their families to the following veteran causes: Leadership Seminole (Veteran Tuition Sponsorship); Wounded Warrior Project; Honor Flight Central Florida; Just Our Soldiers’ Helpers, Inc. (J.O.S.H.); Fisher House Foundation, Inc.; Homeless Services Network of Central Florida (Veterans Programs); and Paralyzed Veterans of America, Central Florida Chapter. (A-0473-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #31 – A-0364-15
Rebecca Hammock, Planning & Development Division Manager, addressed the Board to present a request for reduction of two Code Enforcement Board liens totaling $57,000 to $5,700 for Case #12-50-CEB on property located at 333 E. Citrus Street, Altamonte Springs, Tax Parcel #11-21-29-517-0B00-0330; Wells Fargo Bank, Owner and Applicant.
Ms. Hammock reviewed the background timeline as outlined in the Agenda Memorandum. She advised that staff recommends the Board deny a reduction to the CEB liens to $5,700 and instead recommends a reduced lien amount of $25,900 and she then listed the reasons for that recommendation.
Chairman Carey submitted an email into the record from Joe Hansen, 321 E. Citrus Street, stating the neighbors object vigorously to any reduction to the $57,000 lien because they had to live with the foul pool water and disrepair of the property for a time period of two and one-half to three years.
Commissioner Henley questioned whether it was true that it was after the bank took possession of the property that the violations of code occurred. Ms. Hammock responded that the bank took ownership prior to Code Enforcement action; the violation was observed prior to the foreclosure, but the Code Enforcement action commenced after the bank took ownership.
Upon inquiry by Commissioner Constantine, Shante Pressley, on behalf of Wells Fargo Bank, addressed the Board to state that the violations were noticed in 2012 and Wells Fargo obtained the property at the end of 2013, when they were able to extinguish everyone’s liens. They are asking for the reduction because they want to get the property in a place where they can sell it. She added at this point, with the liens, they are unable to sell it, and they are having the problems of having vendors keep the property up. She advised the bank has taken a loss of over $145,000 and has not received a payment on the property since 2009. She added this is not a situation where the bank wants the property to be or to stay vacant. She said the pool not being in proper order was caused by the actual borrowers of the property.
Commissioner Horan questioned whether Ms. Pressley is submitting evidence into the record that the Title did not transfer to Wells Fargo Bank until 2013. She advised there was a re-foreclosure; the bank did not have everyone’s interest foreclosed, so the bank had to re-foreclose at the end of 2013.
Commissioner Horan said he understands the bank had Certificate of Title on August 30, 2011. Ms. Pressley stated that they did have Title on August 30, 2011, but it was not a clear title.
Commissioner Henley questioned if Ms. Pressley agreed that it took Wells Fargo Bank 306 days to bring the first violations into compliance after they were brought to their attention, 220 days after the Findings of Fact was issued, and 173 days after the original lien was imposed. He further questioned how the bank would justify the length of time the neighborhood had to tolerate the code violations. Ms. Pressley responded that from the time the bank re-foreclosed and when they took clear title, she believes it was six months. She added if the Board wants for the property to stay in good condition, the bank needs to be able to reduce the lien in order to sell the property so they can get a family into the house to take care of the pool. Commissioner Henley stated that according to the information in the Agenda Memorandum, the ownership was transferred to Wells Fargo Bank through a Judgment of Foreclosure on August 30, 2011, as mentioned by Commissioner Horan.
Chairman Carey stated staff provided information that showed Wells Fargo Bank claimed they had emptied and cleaned the pool. She asked staff to check the water bills because if a pool is emptied, cleaned and refilled, she opined it would be reflected in the water bill. She advised the water was turned off on the property on February 2011 and was not turned back on until September of 2014. An email from staff and screen shots of the Seminole County Utilities customer account for this property was received and filed.
Chairman Carey stated the issue is, when the banks do get possession, the violations that affect the entire neighborhood are not immediately addressed. She added she understands the concern of the representative for Wells Fargo about the amount of the lien, but this issue is the reason the County has this process. She said she hopes the new registration will make the process easier since properties like these will get registered and there will not be such a lengthy time for the neighborhoods to suffer through.
Commissioner Dallari stated he has not seen evidence that Wells Fargo, in good faith, has the property up for sale. In fact, he opined it would be difficult to sell a piece of property that is not being taken care of.
No one else spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to deny a reduction to the Code Enforcement Board liens totaling $57,000 to the requested amount of $5,700 for Case #E12-50-CEB on the property located at 333 E. Citrus Street, Altamonte Springs, Tax Parcel #11-21-29-517-0B00-0330; and authorize the Chairman to execute the Release of Lien upon payment in full; Wells Fargo Bank, Owner and Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #32 – A-0442-15
Ray Hooper, Purchasing & Contracts Division Manager, addressed the Board to state that RFP-9948-14 will provide project management services related to the projects funded by the County’s Infrastructure Sales Tax Program. He advised that the County received four proposals and copies of the proposals were distributed to the Board for review. The four firms include CH2M Hill Engineers, Inc.; Kelly, Collins and Gentry, Inc.; Skanska USA Building, Inc.; and URS Corporation Southern. The Evaluation Committee determined all four firms are qualified and staff requests that the Board select one firm for award of the Master Services Agreement.
Mr. Hooper distributed business cards (received and filed) to the Board. The Board members selected the firm of their choice by writing that firm on their business card. Mr. Hooper collected the cards and read into the record that all five Commissioners chose CH2M Hill as the firm to be awarded the contract.
Motion by Commissioner Horan, seconded by Commissioner Constantine, to award RFP-9948-14/RTB, Master Services Agreement for the Sales Tax Program Project Management, to CH2M Hill Engineers, Inc.; and authorize the Purchasing & Contracts Division to execute the Agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S REPORT
Agenda Item #33 – A-0507-15
Tina Williamson, Development Services Director, addressed the Board to present an informational briefing on development proposals in east Orange County that are adjacent to Seminole County. She displayed a PowerPoint presentation (received and filed) depicting aerial maps of the areas to be discussed.
Ms. Williamson advised that staff continues to monitor the proposed developments in east Orange County that are adjacent to Seminole County’s east rural area. She further advised that preliminary concept plans presented by the developers of the Lake Pickett North and South projects had been submitted in a prior cycle to Orange County; however, they have not been officially resubmitted or reviewed by Orange County’s staff. She reviewed the information on the Lake Pickett North Concept Plan (north of Lake Pickett Road) as outlined in the Agenda Memorandum. She stated the Development proposes a maximum gross density of 1.4 dwelling units per acre; no final decision has been made regarding lot sizes or buffering adjacent to Seminole County. She added that the project design does not include extending McCulloch Road east across the Econ River, however, an east/west connector road is proposed between SR 419 and Lake Picket Road.
Ms. Williamson stated that staff has done a very preliminary analysis of compatibility with the east rural area. At a minimum, staff would recommend three-acre minimum lots or a comparable buffer along the project boundary adjacent to the rural area; however depending upon the final design of the project, five-acre minimum lots adjacent to the county line or a comparable buffer may be more appropriate.
Ms. Williamson then reviewed the Lake Pickett South project also outlined in the Agenda Memorandum. She advised the Development proposes a mixed-use, “agrihood-style” development which results in a maximum gross density of 2.39 dwelling units per acre. She stated that all traffic from this development will access south onto SR 50.
Ms. Williamson said staff will continue to monitor the projects and attend any community meetings and public hearings as they occur.
Upon inquiry by Chairman Carey, Ms. Williamson responded that according to the information staff has received, the developers will officially resubmit plans on February 27th. Chairman Carey further questioned when Orange County holds their meeting to discuss traffic impacts on March 10th, whether it is based on a traffic study that the developer provided. Ms. Williamson stated that the way it was explained to her, it is more of a general discussion of all traffic issues because there have been several issues identified by residents in the area. Chairman Carey then confirmed that the meeting on March 10th will be in regard to all traffic issues, not just specific to this development.
Chairman Carey questioned whether staff had sent notification to Orange County staff that SR 419 is not on Seminole County’s radar screen to be expanded. Mr. Guillet advised that it was done following the last Board meeting.
Commissioner Dallari stated this area abuts up against the Seminole County line in his district. He has attended at least two community meetings where the Applicant presented the project. He would like to reach out to Ted Edwards, the District Commissioner in Orange County, and report back to the Board. He also stated he would like staff to inform Orange County about their traffic concerns in that area. He said that Seminole County’s rural area needs to be protected not just from development but from traffic.
Chairman Carey opined it may be appropriate to send a letter from the Board, if they come to a consensus about their concerns, to the Orange County Commission. She thinks they need to address how they will transition from Seminole’s rural boundary to some development in Orange County and still take into consideration the fact that this Board does not have any plans for the expansion of SR 419. She added the Board made that as a conscious decision, because if they four-lane roads and those types of things, they are just encouraging more people to go out there. She noted an area where Oviedo had annexed right up to Snow Hill Road where there is no transition from four units per acre to the rural area across the street. She added that it was unfortunate that they did not establish a transition area when they established the eastern rural boundary because they would have had a little more protection at that time.
Chairman Carey stated she thinks it is important that the Board identify that they would like to be kept in the loop and be able to continue to monitor this; they would like to see some type of transition proposed to protect the rural boundary, and their concerns about traffic. She added that if it is the consensus of the Board, she will draft a letter to send to the Orange County Mayor, and copy the other Commissioners, so they know the concerns of the Board.
Commissioner Constantine agreed they should send a letter identifying their concerns, but said there is nothing more important than “a seat at the table.” He believes this will affect Seminole County citizens just as much as it affects Orange County’s because they will have to deal with the traffic, the stormwater and overflows. He added the Lake Pickett North project has submitted time and time again.
Commissioner Constantine opined that there is no harm in requesting of Orange County an even more formal process of a Joint Planning Agreement (JPA). He said this more formal process would give Seminole County citizens a belief that this Board is trying to protect their needs and wants, as this entire area starts to develop.
Commissioner Henley left the meeting at this time.
He noted that the Deseret Ranch, just to the south and east, is talking about a city twice the size of Orlando today, 43 million square feet of commercial, 24 million square feet of industrial, 15 million square feet of build-to-suit industrial, and 20,000 hotel rooms. He said they need to take that into consideration when looking at the entire area of east Orange and east Seminole counties.
Chairman Carey stated there is still a lot of land in east Orange County to be developed. She said she feels it would be highly unusual for one county to try to overstep their bounds with another county and she does not want to get off onto the wrong foot by starting out saying they want an Interlocal Agreement because they believe they should have a say. She further opined they need to be sensitive to the fact that this is Orange County’s jurisdiction and that the proper steps are to send the letter and to continue to monitor it and get regular updates.
Commissioner Henley re-entered the meeting at this time.
Commissioner Horan stated if they do not have some kind of joint planning and other counties have a different vision for their eastern Central Florida area, then there will be inexorable pressure on the character they want to maintain in the eastern rural areas. He agreed they should send a letter and added they cannot force other counties to do something; those counties will have their vision and this Board has their own vision. He said the best they can do is to enter into some kind of reasonable understanding; otherwise, the rural boundary provision in the Charter Amendment becomes an offensive play that only works when they do not draw on the defense, because the defense is going to be the way they interact with other counties and the way they structure the land uses in that area. He said he would like the Board to not be too myopic and to start acting in a very directed way to protect these areas by doing things in terms of the land uses that make some sense and will really protect those areas.
Commissioner Henley questioned if Orange County ever adopted a policy of the findings of “How Shall We Grow” as Seminole County did. Chairman Carey said she thinks Seminole County is the only one who actually adopted land use elements that tie back to that. Commissioner Henley said there also was a joint committee established after that in order to work towards developing green corridors. He wondered if that committee had ever reported back. Commissioner Horan said he is the representative on the MPO Alliance and will check into that and report back.
Commissioner Constantine restated his opinion and said that there should be solid, long-term planning. He believes the letter is the least they can do and they should request a formal JPA for that sector.
Commissioner Horan stated that several constituents have suggested they have a task force of citizens to assist in advising the Board in this matter. Discussion ensued. Chairman Carey repeated the County Attorney’s comment that the citizens would have a lot more freedom if they were not associated with the County. She suggested that the Commissioners all reach out to the citizens in the leadership group to suggest they get organized.
Commissioner Dallari agreed they should send a letter and said it is really the first step. He said they should also include stormwater, both quality and quantity, because all the stormwater in the Orange County area moves north flowing into the St. Johns River and goes right through Chuluota, so that is also an issue. He said he believes they need to reach out to the District Commissioner, Ted Edwards.
Chairman Carey stated she believes the consensus of the Board is that the first step should be to send the letter; Commissioner Dallari will reach out to Commissioner Edwards and Commissioner Horan, who also has a good relationship, should reach out as well. She said many of the Board members have great relationships with many of the County Commissioners, and even though they are elected as a single-member district, it still takes more than one person to get something done. She encouraged each of the Commissioners to reach out to those representatives in Orange County that they have relationships with, as well as Volusia County in connection with the Farmton development, to ensure everyone understands they are trying to protect the eastern rural boundary of Seminole County and would like some cooperation if they could have it.
Motion by Commissioner Henley, seconded by Commissioner Horan, to authorize the Chairman to send an appropriate letter to the Orange County Mayor and members of the Orange County Commission expressing the concerns of the Seminole County Board of County Commissioners; and authorize Commissioner Dallari to begin working with Commissioner Edwards regarding same.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey requested Ms. Guillet work with Brett Blackadar, County Engineer, and Ms. Williamson to draft a letter, and asked that they make sure to include the following: the transitional area, traffic concerns, stormwater concerns, both quality and quantity, as well as the water issue they have had in Chuluota. Upon inquiry by Commissioner Constantine, Chairman Carey stated they should also include in the letter that as a region, they have all agreed they would support the principles of the “How Shall We Grow” concept, and that would be a good way to start out the correspondence. She added that Mayor Jacobs was very involved in that particular legislation from the early beginnings when that came out. Even though Orange County has not adopted those principles in their Land Development Code as Seminole County has, many of the people that were involved in that regional effort do apply those principles when they are making development decisions.
Chairman Carey said as a reminder, Highway 50 is a major road that will see development in the years to come because there is just no way around it. She added that the Beachline, SR 528, which is the property on the north side of the Mormon property (Deseret Ranch), is a major thoroughfare.
Commissioner Constantine advised that UCF (University of Central Florida) is looking at expanding their footprint and their master plan.
Agenda Item #34 – A-0477-15
The Board noted, for information only, the Informational Budget Transfer Status Report for FY2014/15 (January 2015)
COUNTY ATTORNEY’S REPORT
The Board recessed the meeting at 10:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Erin Leben, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Horan, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
Nicole Guillet, County Manager, stated regarding Item #35, Kentucky Street PD Rezone, the Applicant has requested a continuance until March 10th. Regarding Item #38, Voluntary Billboard Agreement with Outfront Media, LLC, she advised the Applicant has requested a continuance until March 24th.
KENTUCKY STREET PD MAJOR AMENDMENT
AND REZONE/Hugh Harling
Agenda Item #35 PH - 2015-044
Proof of publication calling for a public hearing to consider a Major Amendment to the Kentucky Street PD (Planned Development) and the associated Rezone from PD (Planned Development) to PD (Planned Development) for 12.16 acres, located on the north side of Kentucky Street, west of Skyway Drive, Hugh Harling, received and filed.
Joanne Lucarelli, 196 Short Street, on behalf of the Applicant, addressed the Board to state the Applicant is requesting a continuance of this item to March 10, 2015.
Email from Debra Harling to Joy Giles regarding request for continuance of the request was received and filed.
No one spoke in support or in opposition to the continuance and public input was closed.
Motion by Commissioner Horan, seconded by Commissioner Henley, to continue to March 10, 2015 at 1:30 p.m., or as soon thereafter as possible, request to consider adoption of a Rezone from PD (Planned Development) to PD (Planned Development); and approval of the associated Master Development Plan and Revised Development Order for 12.16 acres, located on the north side of Kentucky Street, west of Skyway Drive, as described in the proof of publication, Hugh Harling.
Districts 1, 2, 3, 4 and 5 voted AYE.
ATS SMALL SCALE LAND USE AMENDMENT
AND REZONE/Hattaway Holdings, Inc.
Agenda Item #36 – PH - 2015-045
Proof of publication calling for a public hearing to consider a Small Scale Land Use Amendment from Low Density Residential to Planned Development, and associated Rezone from A-1 (Agriculture) to PD (Planned Development) for one acre, located on the east side of Mathews Road, north of Hillview Drive, Hattaway Holdings, LLC, received and filed.
Joy Giles, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. She advised that the Planning and Zoning Commission recommended approval and staff also recommends approval.
Bob Hattaway, 601 Hillview Drive, Applicant, addressed the Board to state he has owned this property, for Adult Toy Storage and Hattaway, LLC, and started to develop the area in 1972. He advised over that period of time, he has been able to enhance the area. He explained this request is for a retention pond only. The retention pond will be used for the property on the west side of Mathews Road. He added he is now presenting a plan to staff for a 17-acre parking lot.
Andrew Brigham, 2963 Dupont Avenue, addressed the Board to state he is speaking on behalf of the Butler family, who owns the property on the east side of Mathews to the north and south of this project. He displayed an aerial map (not received and filed) and indicated the location of the Butler family’s property. He discussed his concern with the value of the Butler family's property changing because of transitioning in use and value. He stated Mathews Drive is presently a dirt road and was initially maintained by the County starting in 1964, but that maintenance stopped in 2003. He stated Mathews Road is presently classified as being under emergency maintenance, but in 2003 the County required by ordinance all dirt roads to be paved. He added there were a few exceptions which included Mathews Road.
Mr. Brigham noted the Butler family’s concern, as part of the overall development, which is currently under review, is whether Mr. Hattaway will be required to donate or dedicate his side of Mathews Drive for future improvement or present improvement. He questioned whether the County will require any infrastructure money be invested due to the traffic needs of the new development; and if so, whether the money will go to Mathews Drive or elsewhere. He proposed the Board direct staff to discuss with the owners on the east side of Mathews Drive and Mr. Hattaway what might be the best sequencing of developing Mathews Drive.
Mr. Brigham opined that if the owners on the east side of Mathews Road knew that the County had an interest in advancing the timetable on paving and expanding Mathews Road, the owners might be in favor, even to the point they may consider dedicating their property. He suggested while the Board is deciding on one piece of the development, it would be great if they set up a platform to provide a forum where the citizens could voice their concerns and do some planning where staff and the two neighboring property owners could discuss a good way to go about the development.
Speaker Request Forms were received and filed.
No one else spoke in support or in opposition.
Antoine Khoury, Public Works Director, addressed the Board to give a brief history of the County’s dirt road paving program. Mr. Khoury stated the County had a program in the late 1990s, early 2000s to get out of the maintenance business of dirt roads. He added the program was terminated by 2008. Regarding the dirt roads where the County did not have sufficient right-of-ways to be paved, either by dedication or plat, the County asked residents for donations. He indicated the County does not have a dedicated right-of-way of Mathews Road.
Mr. Khoury advised the County has continuously been maintaining Mathews Road, and Mr. Brigham is correct in that the County is currently only doing emergency maintenance. He stated Mathews Road is a public road, has been used by the public for numerous years, and most of the requests the County receives for emergency maintenance are by school buses because it is used as a shortcut between SR 434 and Hillview Drive.
Mr. Khoury stated he has spoken with Mr. Hattaway, who indicated he is willing to donate somewhere between 20 and 25 feet, so the County can go forward with paving the road. Mr. Khoury stated Mathews Road was on the list of roadways permitted by the program initiated by the County in 2012 to pave the majority of dirt roads in Seminole County that are on the emergency maintenance list, but as of today, Mathews Road has been deferred to the future because of the issues with the right-of-way.
Upon inquiry by Chairman Carey, Mr. Khoury confirmed that at the time that the County had the dirt road paving program, the land owners on the east were not willing to donate the right-of-way, which is why the road was not paved. Chairman Carey questioned whether the road would be paved as part of the 2012 program, if the property owners on the east and west sides and along that right-of-way are willing to donate the required right-of-way. Mr. Khoury advised it will not be paved, as the 2012 program is out of funding. He advised staff is developing a new list and will try to input it for next year's budget, so there will be a dirt road paving program for a few roads, including Mathews Road.
Upon inquiry by Chairman Carey, regarding the other parcel that Mr. Hattaway owns, Ms. Giles advised Mr. Hattaway would be accessing it off of Hillview Drive.
Upon inquiry by Commissioner Henley, Brett Blackadar, County Engineer, addressed the Board to confirm at one time the road was scheduled to be paved, but the County does not have a deed for that road, so the County does need the property from the neighboring property owners. He advised the County has not gotten the donations they requested in the past. Upon further inquiry by Commissioner Henley, Mr. Blackadar confirmed Mr. Hattaway has always been willing to donate his required part of the property.
Chairman Carey suggested regardless of the outcome of this particular zoning issue that staff get together with the property owners along the east and west side of Mathews Drive and around where the cut-through is and discuss potential dedication of right-of-way so that this road project can be looked at in the future. Mr. Blackadar confirmed staff has already initiated this.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt Ordinance #2015-3, enacting a Small Scale Future Land Use Amendment from Low Density Residential to Planned Development; adopt the associated Ordinance #2015-4, enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for one acre, located on the east side of Mathews Road, north of Hillview Drive, as described in the proof of publication, Hattaway Holdings, LLC.
Under discussion, Commissioner Constantine stated he did not talk to the other owners that were represented by counsel today, but he appreciates the fact that staff is going to address these concerns. He offered his assistance since this is in his district.
Districts 1, 2, 3, 4 and 5 voted AYE.
LAKE HOWELL AQUATIC VEGETATION &
LAKE MANAGEMENT MSBU
Agenda Item #37 – PH - 2015-043
Proof of publication calling for a public hearing to consider approval of an Ordinance to create Lake Howell Aquatic Vegetation and Lake Management Municipal Services Benefit Unit (MSBU) inclusive of the Initial Assessment Roll; an Interlocal Agreement with the City of Casselberry; and Budget Amendment Request (BAR) #15-046 to establish the operating budget for the Lake Howell Aquatic Vegetation and Lake Management MSBU for Fiscal Year 2015, Seminole County, received and filed.
Written comments (received and filed) were distributed to the Board.
Kathy Moore, MSBU Program Manager, addressed the Board to state the purpose of this public hearing is to consider creating an MSBU to fund aquatic vegetation and lake management on behalf of Lake Howell. She advised the Applicants, the Friends of Lake Howell organization, have representatives in attendance. She explained that as these types of MSBUs are coordinated in participation and partnership with other departments, Kim Ornberg, Watershed Management, and Gloria Eby, Lake Management, were also in attendance.
Ms. Moore began a PowerPoint presentation (received and filed). She displayed and reviewed Municipal Services Benefit Unit. Ms. Moore displayed (1) Application, Community-Based Request for Assistance, and advised staff received an application requesting aquatic weed control and lake management in December 2014.
Ms. Moore displayed and reviewed Lake Howell and Lake Howell – Hydrilla Status. She indicated at this time hydrilla has established a presence in over 85% of the lake and if left untreated, this invasive plant will continue to grow and spread in the months ahead.
Ms. Moore displayed (2) Define Scope of Public Service and stated in this step, staff also updates any preliminary cost estimates and confirms their assessment calculations. She reiterated the public service requested for Lake Howell is aquatic vegetation and lake management and explained that these services address the aquatic vegetation immediately within the lake and address the lake as a single water body. She advised that although the land abutting the lake is private property, management of aquatic vegetation serves a public purpose as the waters of the lake are considered public.
Ms. Moore displayed and reviewed the MSBU as Proposed for Lake Howell. She advised the purposes served and the benefits derived are not measured by actual use of the lake; however, there are properties on the lakefront with boat ramps and properties without. Some owners have private agreements with other owners for using other ramps.
Ms. Moore displayed Assessment Boundary. She stated the assessment boundary that has been proposed is consistent with the Seminole County Administrative Code. She advised the Administrative Code states that the assessment boundary is to include specially benefitted property, which for the requested services includes lakefront property.
Ms. Moore displayed and reviewed Government Jurisdiction and pointed out Lake Howell spans two jurisdictions. She indicated staff has been working closely with representatives from the City of Casselberry throughout the application process. Ms. Moore stated an Interlocal Agreement has been approved and supported by the Casselberry City Commission as well as a city ordinance by which Casselberry gives the County the authority to assess the properties within their jurisdiction respective to the services to be provided at Lake Howell if the MSBU is approved.
Ms. Moore displayed and reviewed Lakefront Property – Tier 1. Regarding Property Types, she clarified that common element lands are properties that are owned by homeowners or condominium associations. She continued reviewing Lakefront Property – Tier 1 and advised the three institutional properties are a camp, a property that is used for a rowing team and a church retreat. She added the commercial property is an apartment complex.
Ms. Moore displayed and reviewed Tier 2 – Associated Right of Use & Easement Agreement and Common Land and noted there are 8 Tier 2 properties.
Regarding the associated property with the right of use, Commissioner Horan questioned if all of the subdivisions have a dock. Ms. Moore responded she does not have specific information as far as docks or boat ramps. Upon inquiry by Commissioner Horan, Ms. Moore confirmed whether there is a dock or there is not a dock is not reflected in the legal right to use. She stated as it relates to the public services that have been requested, the method that an owner may choose to use the lake is not taken into consideration. She advised staff looks at the lake as being treated as a whole and all properties, including the common element lands, do have full right-of-use for the lake.
Upon inquiry by Commissioner Dallari regarding the Lakehurst subdivision, Ms. Moore advised the common element land that is on the lakefront does not have a boat ramp. She stated the construction of a boat ramp was prohibited or restricted in the original development order; but for the benefit and the purposes served by the proposed MSBU, having a boat ramp or having access to a boat ramp does not change the benefit that can be derived. She discussed why the existence of a boat ramp does not fit the criteria for non-ad valorem assessment.
Upon inquiry by Chairman Carey, Ms. Moore clarified the eight subdivisions listed on Common Land have common element land on Lake Howell who do have access of some sort to the lake.
Upon inquiry by Commissioner Dallari, Ms. Moore stated she has not seen any documentation that says the property owners of the Lakehurst subdivision are not allowed to use the lake. She stated Lakehurst has two properties on the lake. One of the properties is designated as conservation, stormwater management, and that property is not included in the assessment boundary. She stated the property that is designated as conservation may have specific language restricting and prohibiting the owners from being on the property. She stated the other property does have access to the lake and it is indicated that it is recreational use. Upon inquiry by Commissioner Horan, Ms. Moore confirmed the Lakehurst subdivision is unincorporated Seminole County.
Ms. Moore continued reviewing Common Land, indicating there are three properties that have easement agreement right of use. She advised these properties were brought to staff’s attention after the documents were prepared for the public hearing. She added they are not lakefront properties, but they have rights to the lake through a property. She stated the properties have been included in the assessment boundary and the property owners were notified of the public hearing.
Ms. Moore displayed and reviewed Assessment Boundary Tier 1 & Tier 2. Ms. Moore displayed and reviewed Assessment Methodology – Cost Allocation and advised the allocation of cost for non-ad valorem assessment purposes is based on unit of benefit. The unit of benefits presented focuses on the public purpose served by management of the aquatic vegetation that is located in the public area of the lake, which are the waters of the lake.
Ms. Moore displayed and reviewed Tri-Component Cost Allocation and Allocation by Component.
Ms. Moore displayed and reviewed Assessment Matrix A – Residential (70); Assessment Matrix B – Commercial, Grazing & Institutional (6); and Assessment Matrix C – Common Land (8). With regard to Common Land, Ms. Moore discussed the “per associated parcel” column and explained that per state statute, when there is an assessment designated for common element land, the County is not allowed to collect directly from the common element property. They are required by statute to divide that amount by the properties that have associated rights and collect the assessments from those property owners. She noted that the cost per property owner for each of those assessments will range between $37 and $56 per year. She stated most of these properties are off-lake properties, but there are several properties in several of the common element lands that are also lakefront property. She explained in the situations where an assessment is designated for a lakefront property and an associated property, only one right-of-use unit is being charged to that property, and that right-of-use is included in their lakefront assessment.
Ms. Moore displayed and reviewed (3) Petition Benefited Community. She advised the petition process is required by the Seminole County Administrative Code.
Ms. Moore displayed and reviewed Petition to Create MSBU and (4) Public Hearing, and noted the public hearing is to provide public input prior to the Board making its decision regarding the creation of the requested MSBU. She reiterated that as of yesterday, the City of Casselberry did finalize their approval and execution of the noted Interlocal Agreement, and they have an adopted an ordinance granting the County authority to assess any of the properties in the City’s jurisdiction respective to the Lake Howell MSBU.
Ms. Moore displayed and reviewed Ordinance Provisions and (5) Implement & Initiate Assessment.
Ms. Moore concluded her presentation by displaying and reviewing Staff Recommendation.
Joe Lung, 1133 Bella Lago Cove, addressed the Board to state he is the chairman of Friends of Lake Howell. He stated the Friends of Lake Howell has been maintaining the lake as an organization for the last 15 years and gave a brief history of the organization.
Mr. Lung stated that once the lake was under control, the citizens forgot about it, and the most difficult part of Friends of Lake Howell’s job has been convincing the citizens to contribute money for the ongoing maintenance of the lake. He discussed the concerns of the citizens regarding contributing money for the maintenance of the lake. He opined that people want the lake maintained, but they are tired of their neighbors ducking their responsibility. He stated that people want to know that everyone is going to contribute and the MSBU does that. He advised Friends of Lake Howell supports the MSBU and will lead the way with the donation of $50,000. (Large cardboard replica of check received and filed.)
Commissioner Dallari confirmed with Mr. Lung that the Friends of Lake Howell’s donation is contingent on the ordinance passing. He commended the Friends of Lake Howell on their hard work.
David Manor, 664 San Pablo Avenue, addressed the Board to state he is the owner of a lakefront house and is president of the Sausalito Shores Homeowners Association. He stated over the last couple months, he has been tasked with informing the residents of what has been going on with the MSBU. He noted that the Association found from its lakefront residents that at least 90% of them support this MSBU. Regarding the non-lakefront residents, those who have sent in their ballots have expressed an overwhelming majority for the MSBU to be created. He stated they would really like to see the lake get cleaned up as soon as possible.
Bob Musser, 2794 Willow Bay Terrace, addressed the Board to state he has been on the Friends of Lake Howell board since 2004 when he purchased his lot on Lake Howell. He owns multiple properties in both Lakehurst and Lake Howell Arms Condominiums. He stated this MSBU may be affecting him financially more than other residents because he and his wife own two lakefront homes and 10% of Lake Howell Arms.
Mr. Musser stated as a member of Lakehurst, he does not have a boat ramp on his property and he accesses the lake via his kayak. He advised if any of his neighbors in Lakehurst want to get onto the lake, they can go to the public park. He noted there is no restriction on members of Lakehurst launching a non-motorized boat into Lake Howell.
Mr. Musser explained there is a difference between having access to a lake and having a boat ramp. He stated many other properties around the lake do not have a boat ramp, including his property. Mr. Musser discussed the concerns of other citizens who thought the assessment was not fair because they used the lake more or they used the lake less. He explained the assessment is not a value-based assessment. He commended staff on their ability to get questions answered, and the knowledge that they had and stated the clear and patient way that they described things to his co-residents is admirable.
Upon inquiry by Commissioner Dallari, Mr. Musser advised he believes it is in his deed that as a resident of the Lakehurst subdivision, he cannot launch a motorized boat over the community property, however, canoes and kayaks are allowed.
James Travis, 180 Lago Vista Boulevard, addressed the Board to state he and his wife own seven properties that are either on direct lakefront or have access to Lake Howell. He explained he owns two jet skis and has not been able to use them for over a year in Lake Howell due to hydrilla. He opined Lake Howell is in need of this MSBU because he thinks the Friends of Lake Howell has run its course. He stated it has always been roughly 20% of the citizens around Lake Howell that would donate to the Friends of Lake Howell and he feels others have ridden on their backs. He thinks this is the most equitable thing to do to get Lake Howell cleaned up.
Chuck Weirauch, 626 Desoto Drive, addressed the Board to state he is the vice president of the Sausalito Condominiums Association, which is one of the eight common properties, and he pointed out that Sausalito Condominiums does not have a boat ramp on its property. He explained Sausalito Condominiums is adjacent to Sausalito Shores and both of those entities are completely separate and managed separately. He stated there was a unanimous vote by the Sausalito Condominiums Board to approve the MSBU.
Regarding the eight common properties, Mr. Weirauch stated they had to get 65% for one vote to be counted for that common property. He advised there were 313 taxpayers within these eight organized associations that voted for the MSBU and 76 of these members were against the MSBU. He pointed out this would be over a 4:1 ratio.
Upon inquiry by Commissioner Dallari, Mr. Weirauch confirmed he is with Sausalito Condominium Association.
Joyce Bennett, 1118 Bocana Drive, addressed the Board to state she is a resident of Sausalito Condominiums. She commented that although she only had 1/50 of a vote regarding the condominiums, she is a 100% proud taxpayer to Seminole County.
Ms. Bennett advised she does have access to a boat ramp via an agreement that the Sausalito Condominium Association made with Sausalito Shores where, for an annual fee, residents can obtain a key and use Sausalito Shores’ boat ramp. Ms. Bennett stated she is an avid kayaker, but was not able to enjoy any of her six kayaks in Lake Howell at all last summer. She discussed the beauty of the lake and the wildlife surrounding it.
Ms. Bennett advised Lake Howell is connected in the chain of lakes, so what happens in Lake Howell also affects lots of other bodies of water. She expressed her concern with Lake Howell making the national news due to two canoers falling in the lake and getting stuck in the hydrilla.
Upon inquiry by Commissioner Dallari regarding a deed restriction preventing a boat ramp being built on the Sausalito Condominiums property, Ms. Bennett advised that there is no deed restriction, but the property is totally developed now, so they could not build a boat ramp. Upon inquiry by Chairman Carey, Ms. Bennett confirmed that all the residents of Sausalito Condominiums have access to Lake Howell through Sausalito Shores.
Mr. Weirauch readdressed the Board to clarify that Sausalito Condominiums has 450 feet of lakefront property. Within that confine, there is an easement for the City of Casselberry, but there is no actual space for a boat ramp. He stated that legally, they could not build a boat ramp. Mr. Weirauch stated Sausalito Condominiums does have an agreement with Sausalito Shores that provides access to the lake, but Sausalito Condominiums pays $1,500 per year for that access. He advised the issue of whether Sausalito Condominiums should keep the agreement or not since the number of people using the lake does not justify the expense has come up. He explained that if Sausalito Condominiums were to stop paying the $1,500 annually, they would not have any other source of access to the lake. He added there could be a vote not to pay that fee and they would no longer have an access.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Commissioner Dallari opined that staff has done a phenomenal job and he believes an MSBU needs to be formed, but expressed his concern with trying to be fair to all the residents, if possible. Regarding the Assessment Matrix – C – Common Land, he stated there are two communities, Lakehurst and Sausalito Condominiums, that truly do not have the same right-of-use as the other groups. He believes that the right-of-use number needs to be adjusted for those two different communities because they both do not have boat ramps, as one has a deed restriction and the other one cannot build a ramp.
Upon inquiry by Commissioner Dallari, regarding how to address different communities having different rights-of-use, Mr. Applegate stated as a Board, the BCC has the discretion to determine what the ultimate assessment would be. Mr. Applegate advised his understanding is the Board has never made a distinction between whether or not somebody can bring boats onto the lake. It is primarily based on the fact that they had lakefront property. He reiterated that the decision rests with the BCC as to whether or not they want to make that distinction at this point in time. Discussion ensued regarding drawing a distinction between the quality of the right-of-use.
Upon inquiry by Commissioner Horan, Ms. Moore stated the County does have other existing MSBUs that do have common element land on the lakefront, and the County has not made a distinction as to constructed amenities on the property. She stated they have not considered whether they have boat ramps or do not have boat ramps.
Commissioner Horan advised he is concerned that at some time in the past some governmental entity, either the County or the City, has allowed a development to occur but put a legal restriction on the use of the lake for reasons that probably relate to how many motorized boats there could be on the lake. He expressed his concern that the County will have restricted some people more than others, but will assess them the same amount. He advised the problem he has is he does not know how you would adjust that amount. He questioned in terms of quality and from a legal point of view, if one person’s legal right to use the lake is not the same as another person’s, should they be assessed the same amount. Discussion ensued regarding the assessment of properties.
At the request of Commissioner Dallari, Ms. Moore displayed Assessment Matrix – A – Residential (70). She advised not all lakefront properties have boat ramps, so if they look at changing the assessment based on the existence of a ramp, it opens that door as well. Commissioner Horan restated his concern is the quality of the properties’ legal right-to-use.
Mr. Applegate advised that based on the presentation made by staff, the Board has the discretion to adopt or amend the ordinance as they see fit. He pointed out that the Code provision on aquatic weed control on the MSBU states “properties on the waterfront or direct access to a water body includes all zoning classifications, community and common area waterfront property, may be included in the assessable participating property when defining the boundaries of the aquatic weed control area.”
At the request of Chairman Carey, Ms. Moore displayed Assessment Matrix A - Residential (70) and explained the first two rows indicate residential property on the lakefront. The distinction between the first two rows is whether a property has additional water frontage above the average. There are 70 properties that are in this category. Properties that are within the average width will be paying $749 for the year. For the properties that have the extra front footage, the difference is based on the number of feet multiplied by $1.05. Upon inquiry by Chairman Carey, Ms. Moore confirmed the homes with additional lake frontage will range from $755 to $1,085.
Ms. Moore displayed Assessment Matrix B – Commercial, Grazing & Institutional (6). She stated the first property on the chart is a vacant waterfront property, and its assessment is $1,660. She explained the $1,660 is based on the $715 plus extra water frontage and it only has one right-of-use unit assigned to it because it is a vacant property, and that is the minimum. Ms. Moore stated the rowing association has 100 right-of-use units, and its assessment is $4,115.
Ms. Moore explained the church retreat has 64 units at $4,070 for the annual assessment and Camp Heronwood has 80 right-of-use units and an assessment of $3,435. Ms. Moore stated there are two grazing-land properties, and each of the grazing-land properties are assigned the minimum right-of-use, which is one unit. She explained the total assessment is the base plus the extra front footage and the right-of-use fee. She stated of those properties, one is $749 and the other is $1,901.
Ms. Moore advised the $15,485 assessment is the apartment complex with 408 right-of-use units. The last category is the easement right-of-use units, which are unusual, and their assessment is $34. The easement right-of-use units do not have a lakefront that they are associated with, they only have right-of-use, and the base fee for the lakefront that they have access through has already been included in one of the residential ones. She mentioned in this category, with the exception of the apartment complex which staff has not had a response, all the other property owners in this category have responded in favor of the MSBU.
Ms. Moore displayed Assessment Matrix C – Common Land (8) and discussed how the total assessments were calculated.
Commissioner Dallari restated his concern with the Lakehurst community not having the same usage because they have a deed restriction on their property. Chairman Carey commented that the residents of Lakehurst are allowed to use the lake. Ms. Moore explained that all of the common element properties have right-of-use to the entire lake; and the services that the County is providing are for the public portion, which is the water body. Commissioner Dallari commented that per the Lakehurst plat, they cannot put a motorized boat in the water. Discussion ensued regarding use of the lake.
Chairman Carey stated she thinks the only fair way to formulate the assessment is the way that staff has presented, and she is willing to support it as it is presented. She advised regardless of whether or not someone is using the lake, it has an association to the value of their property.
Commissioner Horan stated he has a problem with the common area of Lakehurst being charged the same amount as the other common areas who have full legal access. Regarding Commissioner Horan’s concern with a property that is allowed to launch a boat being charged the same as a property that is not allowed to launch a boat, Ms. Moore advised the County is focused on the property being on the lakefront and receiving the environmental benefits. Whether an owner exercises their right of using the lake or not is a discretionary decision that cannot be managed through assessments. She explained that is why staff does not focus on whether they have a boat ramp or whether they have a jet ski. They have the whole lake if they choose. She added that there are means for property owners to put in a motorized boat if that is what their desired use is. Discussion ensued.
Commissioner Constantine advised that in speaking with staff, he understands this is evaluated every year and can be changed depending upon other developments that come up or the usage. He added the BCC can also ask staff to evaluate this if it becomes a situation. Commissioner Constantine stated he understands where Commissioner Dallari is coming from because there are residents at Lakehurst that feel that they do not have the same use. He advised if the residents want to own a motorboat, there are ways to launch their motorboat. He added he does not think anybody can use their motorboats right now because of the hydrilla.
Commissioner Constantine opined the value that they are placing on this lake for $43 per property is much less than the bigger picture. He advised he is in full support of the MSBU today.
Commissioner Dallari restated he is not opposed to the MSBU, but he is trying to be fair regarding everybody's rights.
Chairman Carey advised she thinks the approach that staff has made it about as fair as they can possibly make it, and it is equitable to everyone. Chairman Carey noted if the issue with this lake is not addressed before the spring season hits, then the County will miss another opportunity to get Lake Howell under control.
Mr. Applegate pointed out that it would be extremely difficult to enforce who has a boat and who does not. He stated that staff has done tremendous job and he would be happy to defend this ordinance all the way up.
Commissioner Dallari advised that due to the fact the Commissioners are legally not able to talk to one another outside of the dais, he thinks it is good to sometimes have dialogue. He restated he is in support of the MSBU, but he thinks it is important to flush out if there is a concern before there is a motion.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance #2015-6, creating Lake Howell Aquatic Vegetation and Lake Management Municipal Services Benefit Unit (MSBU) inclusive of the Initial Assessment Roll; approve and authorize the Chairman to execute the Interlocal Agreement with the City of Casselberry; and approve appropriate Resolution #2015-R-47, implementing Budget Amendment Request (BAR) #15-046 thereby establishing the operating budget of $172,975 for the Lake Howell Aquatic Vegetation and Lake Management MSBU for Fiscal Year 2015, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey recessed the meeting at 3:05 p.m., reconvening at 3:10 p.m. with Commissioner Constantine returning late.
VOLUNTARY BILLBOARD AGREEMENT/
Outfront Media, LLC
Agenda Item #38 – PH - 2015-025
Proof of publication calling for 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. Highway 17-92 at 6205 South U.S. Highway 17-92, Outfront Media, LLC, received and filed.
Chairman Carey stated that there has been a request to continue this item until March 24, 2015.
Memo to Nicole Guillet from Brian Walker with attached email from Wayne Rich, Broad & Cassel, regarding request for continuance was received and filed.
Letter in opposition to proposed billboard from Orlando Live Events was received and filed.
With regard to public participation, no one spoke in support or in opposition to the continuance and public input was closed.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to continue to March 24, 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 with the finding that 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. Highway 17-92 at 6205 South U.S. Highway 17-92, as described in the proof of publication, Outfront Media, LLC.
Districts 1, 2, 4 and 5 voted AYE.
Meloney Lung, Assistant County Manager, addressed the Board to present the Legislative Update. She advised the President did not fund SunRail Phase II in the budget.
Commissioner Constantine re-entered the meeting at this time.
Ms. Lung stated last week there was a meeting in Washington with Representative Mica. The Federal Transit Administration Acting Administrator Therese McMillan and her staff were there to address the issues and to identify the required information to FDOT. She advised also in attendance were Mayor of Orlando Buddy Dyer; Norrane Downs, FDOT Secretary; Tawny Olore, SunRail Project Manager; Representative Alan Grayson; staff members from Senator Bill Nelson's office; and Representative Corrine Brown. She stated she talked to FDOT this week and confirmed they were able to provide the information on what was lacking in order to qualify for funding to the Federal Transit Administration, and they are seeking funds in the special category that they had this year, Accelerated Project Delivery Development. She noted that it requires Congressional Appropriation for the award.
Ms. Lung stated she distributed a draft letter (copy received and filed) to serve as a cover letter to the Appropriations request for the Department of Juvenile Justice (DJJ) overpayment for years 2009 through 2012. She stated the County is requesting approximately $4 million and the letter is addressed to the Chair of Justice Appropriations Subcommittee, Representative Larry Metz.
Chairman Carey stated she thinks the letter is fine. She stated she would like to have a copy of it go to all the members of the Justice Appropriations Subcommittee. Ms. Lung advised that Mr. Setzer indicated that that he will be providing that letter to the rest of the committee.
Commissioner Dallari stated he thinks the letter should include the fact that the County is not looking for repayment on the damages the State did to the DJJ building. Chairman Carey suggested making that a separate issue but noted they need to be aware of it. She stated she does have a call in to Representative Metz regarding this particular issue. She reiterated this is an important issue and would like the BCC to copy all of the members of the Justice Appropriations Subcommittee. She stated Mr. Setzer can confirm that the members have read the letter.
Commissioner Constantine advised he has spoken with Ms. Lung and Mr. Setzer about getting this letter copied to the President of the Senate, the Speaker of the House, the head of both the Appropriations Chairs, and the staff that is involved with those Appropriations Committees. He stated he also talked to Senator Lee and Representative Corcoran, the heads of the two Appropriations Chairs, about this issue and how important it is to the County. He opined it should also be sent to the County’s delegation members. He stated with Senator Simmons being the Rules Committee Chair and Representative Brodeur being on the DJJ Policy Committee, it is very important that the people that represent the County know how important this is to us.
Chairman Carey advised she thinks any time the BCC communicates with any member in Tallahassee, they should copy their delegation because it is important. She stated she would like a “CC” on the second page, so they know who is getting the letter; the President of the Senate, the Speaker of the House, the two Appropriation Chairs, all the committee members on this particular committee, and the County’s delegation members. Ms. Lung advised she will add that information and provide it to the Board.
Ms. Guillet advised the County Charter requires the County Manager to prepare an annual report outlining the accomplishments of the previous year. Historically, the County Manager’s Office has prepared the annual report in concert with the Chairman's “State of the County” presentation. She displayed a pamphlet entitled 2014 County Manager’s Annual Report, Seminole Spotlight Executive Summary (copy received and filed) and stated it is a collateral piece to the full annual report, 2014 County Manager’s Annual Report, Seminole Spotlight (copy received and filed.) She explained that staff began producing the report digitally a few years ago rather than in print to save on printing fees and to allow staff to include more content. She noted in previous years, the reports were five or six pages long and this year’s report is 40 pages.
Ms. Guillet stated staff will prepare printed copies for the Commissioners’ offices. She explained the smaller document, which was also distributed at the “State of the County,” has information on website access and includes a QR (Quick Response) code. She advised this document highlights some of the major accomplishments of last year including the opening of SunRail. She added that between May and December of 2014, there were almost 160,000 boardings at the four Seminole County SunRail stations.
Ms. Guillet stated the document includes information on the passage of the One-Cent Sales Tax, which will bring Seminole County $63 million annually for infrastructure projects. She noted the pamphlet includes information on the completion of the Red Bug flyover, which is expected to decrease travel time by 57%.
Ms. Guillet stated the report also highlights the second agreement that the County entered into with Orlando City Soccer to bring their training facility to Seminole County. She noted the report also highlights Verizon and Deloitte Consulting opening their doors in Seminole County and the 2,100 jobs they are expected to bring.
Ms. Guillet discussed the day-to-day accomplishments and great achievements in the way that all of the County departments serve the citizens of this County. She stated the County had 1.4 million walk-in visits to its library system, the Fire Department responded to 34,000 calls, and the County hosted 70 tournaments in their parks. Ms. Guillet reported that the Building Department processed 18,500 permits, which is a 12% increase from last year; and they conducted almost 50,000 inspections, which is a 13% increase. She added that the County served 700 veterans this year. She encouraged the Board to read through the report. She stated the County’s departments have provided very good service for its citizens and without them, she could not have done the annual report.
Ms. Guillet commended Ashley Moore, Community Relations Manager, as well as the staff in the Graphics Department for their hard work on preparing this document.
Chairman Carey gave a special thanks to all the Commissioners who contributed their time and input to the “State of the County” with their video introductions, and also to all of the people that made it a very successful and fun event. She gave a special thanks to the staff at SGTV.
Chairman Carey stated she is sad to say that Matt Chesler of SGTV will be retiring and his last day with the County is Friday. She added that he will be missed, but she knows the rest of the staff will continue to work hard as they continue to make SGTV a great news channel.
Chairman Carey reported the groundbreaking ceremony for the I-4 Ultimate Project was Tuesday, February 17th and Governor Scott was in attendance. She stated she also attended the event as well as Commissioner Constantine.
Chairman Carey advised when the SunRail Grand Opening finished, there were four bells, one for each of the city stations, as well as four county bells. She recommended giving the city bells to the four cities. Regarding the four Seminole County bells, she recommended one bell would stay in the office of whoever the commissioner is that is currently serving on the SunRail Committee; one would be in the County Manager's office; one would be in the Engineering Department; and one would be in the Seminole County Museum because this was a historic event for Florida and Central Florida. She asked if she had Board concurrence to distribute the bells in that manner.
Commissioner Dallari opined he would like to see a bell in a more public display than in the Engineering building. Chairman Carey suggested displaying a bell in the Building Department, as it is one of the County Services Building’s major access points. Discussion ensued regarding displaying the bell in the BCC Chambers. Chairman Carey stated she will leave it up to staff to make recommendations and the bell that would have been in the Engineering Department will be in an appropriate public place so the public can see it. Additional discussion ensued regarding the placement of the SunRail station bells.
Commissioner Dallari stated he agrees with the four bells going to the cities as long as they are put on public display. Chairman Carey agreed they will ask the cities to put the bells on public display.
Chairman Carey reported that MetroPlan Orlando is requesting two Seminole County staff members and two alternates for the Transportation Systems Management and Operations (TSMO) Committee. She stated she will give this to Ms. Guillet for her recommendation. She advised they will be sending that letter based on the County Manager's recommendation.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of letter dated February 5, 2015 from Chairman Brenda Carey to Florida Department of Agriculture and Consumer Services RE: Seminole County, Mosquito Control Program Director. (C: BCC, Nicole Guillet, Antoine Khoury, Kim Ornberg)
2. Letter dated February 9, 2015 from Mark Reyes to Gretchen Venn RE: reappointment to Fred R. Wilson Memorial Law Library.
3. Copy of a letter dated February 10, 2015 from Chairman Brenda Carey to Susie Dolan RE: appointment to Value Adjustment Board. (C: Jane Spencer, Gretchen Venn)
4. Letter dated February 10, 2015 from Mike Prendergast, Florida Department of Veterans Affairs, to Seminole County Commission RE: Invitation to State Veterans’ Nursing Home Site Selection Criteria Workshop.
5. Letter dated February 10, 2015 from Cliff Taffet, U.S. Department of HUD, RE: FY2015 grant funding available.
6. Letter dated February 10, 2015 from Desiree Estabrook, Florida Department of State, to Chairman Brenda Carey RE: Hopper Academy, 1101 Pine Avenue, Sanford, Seminole County, proposed for nomination for listing in the National Register of Historic Places.
7. Letter dated February 11, 2015 from Judge John Galluzzo to Chairman Brenda Carey RE: appreciation for the Judge Susan Stacey investiture on February 6, 2015.
8. Letter and attachments dated February 11, 2015 from Blanche Sherman, LYNX, to Commissioner Brenda Carey RE: LYNX Quarterly Reports, as of December 31, 2014.
9. Letter and attachments dated February 12, 2015 from Department of the Army RE: application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act by Seminole County Public Works Department affecting the waters of Howell Creek.
10. Copy of letter dated February 17, 2015 from Chairman Brenda Carey to Bureau of Emergency Medical Operations/Trauma Program RE: support for addition of a trauma center at Central Florida Regional Hospital.
DISTRICT COMMISSIONERS’ REPORTS
Chairman Carey advised she attended a Central Florida Expressway Authority Meeting on February 12th. She discussed the Central Florida Expressway Authority’s search for an executive director.
Chairman Carey reported on the Wekiva River Basin Commission meeting she attended last Friday. She added Commissioner Constantine is the chair of that committee and advised that they discussed the bear situation. She stated Florida Fish and Game (FWC) is a member of the Wekiva River Basin Commission and they have some interesting ideas about what they are going to try to do regarding the bear population. She added they are looking forward to seeing if they can get additional funding to assist with the educational process.
Chairman Carey stated the Central Florida Zoo has a holding pen and they are working with the FWC to have an educational exhibit. She advised the Zoo may be applying for some grant funding as well.
Regarding the bear issue, Commissioner Dallari stated he thinks it would be advantageous for the Board to hear what the FWC recommends and he requested they ask them for a presentation to the full Board by either a work session or an update. Chairman Carey advised FWC has hired another bear expert, Mike Orlando, just for Central Florida. She stated having another expert in the field of bears will certainly be helpful.
Chairman Carey stated on February 21st she attended the Audubon Center for the Birds of Prey 35th Anniversary Celebration. She mentioned there are a lot of animals from Seminole County that are injured that go to that facility for treatment and are either released back into the wild or they live out the rest of their lives there.
Chairman Carey advised she will be attending the Seminole County Prayer Breakfast February 27th at the Marriott in Lake Mary.
Chairman Carey stated the 50th Anniversary of Seminole State is coming up on February 28th, as well as the City of Sanford's 50th Anniversary of the Civil Rights Act, which will be taking place at Memorial Baseball Stadium.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-48, appointing Zane Beard to the Seminole County Board of Adjustment to finish a two-year term expiring January 1, 2017.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari commended Matt Chesler, SGTV, on the work he has done for the County and wished him luck on his retirement.
Commissioner Horan reported that he attended the MetroPlan meeting on February 11th in place of Commissioner Dallari. He advised MetroPlan will have a new location beginning next year which will be closer to the SunRail station in the Park Building. Commissioner Horan discussed value pricing. He advised Orange, Seminole and Osceola counties all have different views concerning the gas tax, concerning value pricing, concerning the pilot project, etc. He noted what was finally decided was to basically encourage the State to have a program and that the County would be willing participants in that particular program.
Commissioner Horan reported that he attended the meeting of the Advisory Board for the 18th Judicial Circuit Juvenile Justice Advisory Committee on February 13th. He gave a brief update of the committees they reviewed the legislation that relates to Juvenile Justice and opined it is amazing how many bills have been filed that relate to Juvenile Justice.
Commissioner Horan reported the Historical Commission met last week and his appointee, Jim Robison, is now the chairman. He noted the Historical Commission, along with the museum, City of Sanford, and the Sanford Herald are digitizing all back issues of the Sanford Herald back to 1911.
Commissioner Horan discussed a 1962 plane crash involving a Navy plane in a training mission that crashed in Oviedo. He stated that crash was addressed at the Historical Commission; and through some communication with the City of Oviedo, they discovered that in their Veterans’ Memorial, they are planning to recognize that particular incident and the heroism of those particular people.
Commissioner Horan announced on February 21st there was a big milestone for Creative Sanford with the production of "Touch and Go," their yearly folklore play, at the Dr. Phillips Performing Arts Center. He noted that Dr. Phillips Performing Arts Center helped promote the event by providing 50 tickets to Slava’s Snowshow, which he provided to the School Board and Seminole County Cultural Arts Council.
Commissioner Horan advised he would be distributing a Transportation Planning Acronym Glossary (copy received and filed), which he received at the MetroPlan meeting.
Commissioner Constantine reported that on February 10th Sanlando Utilities held a public hearing concerning a rate increase. He discussed the citizens’ concerns with Sanlando Utilities’ performance and request for an increase.
Commissioner Constantine announced over the Valentine’s Day weekend he was privileged to attend the Everglades Foundation fundraiser in Palm Beach.
Commissioner Constantine noted the Enzian Theater, which is not in Seminole County but close to it, had its 30th anniversary.
Commissioner Constantine stated he was happy to see the Families in Transition had a new location at Longwood Elementary and he congratulated the City of Longwood for allowing Longwood Elementary to be used as the new headquarters.
Commissioner Constantine discussed the Orlando City Soccer kickoff at the Hilton in Altamonte Springs.
Commissioner Constantine reported that Leadership Seminole had a meeting on February 20th.
Commissioner Constantine commended the sorority, Kappa Alpha Theta of the University of Central Florida (UCF), for installing a waiting room for children at the Juvenile Justice Building.
Commissioner Constantine discussed attending the Audubon Center for the Birds of Prey 35th Anniversary Celebration with Chairman Carey.
Commissioner Constantine announced there was an event for the Goldsboro Community Gateway tonight as well as a meeting of the Central Florida Zoo’s Board to hopefully have a new CEO.
Commissioner Constantine stated the Delta Theta sorority of Goldsboro would be holding a public forum on February 26th. He mentioned Altamonte Springs Babe Ruth Baseball will be having their first pitch this weekend.
Commissioner Constantine reminded everyone the Wekiva PaintOut Event will be March 2nd through March 7th. He added that on the 4th of March CALNO will be meeting at Lake Mary City Hall.
Commissioner Constantine discussed the Wekiva River Basin Commission meeting.
Commissioner Horan pointed out he and Commissioner Constantine submitted the series of questions the BCC had for the MetroPlan Board regarding the value pricing pilot program, and MetroPlan specifically answered every one of those questions. He stated those answers have been sent to the Commissioners’ offices. Chairman Carey advised the majority of the MetroPlan Board members agreed with the discussion the BCC had because she saw the letter that said MetroPlan Orlando was pushing the request up to the Transportation Commission Subcommittee.
COUNTY MANAGER’S REPORT
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised he has hired an attorney to replace Ms. Sanchez de Fuentes named Paul Gibbs. He stated Mr. Gibbs was in private practice in Dade County and spent eight years practicing employment, labor and human relations law.
Mr. Applegate stated he will be working on a memo to each of the Commissioners giving a summary of dual office holding. More specifically, he is trying to create a chart to assist the Commissioners and their aides, so when they are considering making an appointment, they will know whether or not that person would have a dual office holding problem by the other boards that he or she sits on.
Mr. Applegate advised he is conducting an in-house seminar for the lawyers on federalism related to local government issues for eight hours of CLE credit.
Mr. Applegate stated he is in charge of the Florida Association of County Attorneys (FACA) CLE Seminar this June at Marriott Sawgrass and he has completed putting that agenda together.
Mr. Applegate concluded his report by discussing the accomplishments of his staff.
Chairman Carey advised at the Central Florida Expressway Authority meeting, they discussed ethics and training and reviewed the ethics policy for the Expressway Authority members. She stated that because the governor-appointed Expressway Authority members fall under different rules than the elected officials do, she suggested that it be their policy that they have to undergo the same ethics training as the elected officials do. She advised Mayor Jacobs mentioned that she had heard Mr. Applegate had done a presentation to the entire BCC, which she thought was very unusual, and commended all of the County Commissioners for taking the time to approach it that way. Chairman Carey informed Mayor Jacobs that the directors are required to undergo the ethics training, which will be online via the Intranet for all County employees.
Chairman Carey stated there is some interest in knowing if the County could put that presentation into such a production that others could share that or if Mr. Applegate could share that with the other County Attorney offices for Lake, Osceola and Orange counties. Chairman Carey stated that over the years the County has purchased software products, canned products and presentations from other counties; and suggested this may be something the County might want to record and for a nominal fee provide it to other counties.
Chairman Carey’s and Commissioner Henley’s ex parte communications were submitted into the record.
Chairman Carey advised the work session will begin at 4:00 in Room 3024
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:51 p.m., this same date.