BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
March 25, 2014
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, March 25, 2014, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Robert Dallari (District 1)
Vice Chairman Brenda Carey (District 5)
Commissioner John Horan (District 2)
Commissioner Lee Constantine (District 3)(late)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Reverend Thomas Eggebrecht, Ascension Lutheran Church, Casselberry, gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
Commissioner Constantine entered the meeting at this time.
The Business Spotlight video for Kellyco Metal Detectors was presented.
AWARDS AND PRESENTATIONS
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt a Proclamation, as shown on page _______, proclaiming the month of April as Water Conservation Month in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Proclamation was presented to Debbie Meinert, Environmental Services Water Conservation Coordinator, who addressed the Board to express her appreciation.
Commissioner Carey stated there are a lot of people that are unaware of the toilet rebate program. She suggested that during the month of April, Water Conservation Month, they put a hot spot on the website highlighting the rebate program. She added that with the action today, the program will also be extended to commercial businesses. The County still has $40,000 that can be applied in the current year. She added that people are replacing toilets and many citizens do not know that if they put in a water saver they are eligible for a rebate from the County.
Chairman Dallari addressed Mr. Hartmann to suggest that SGTV do a small video for the website link as well.
Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt appropriate Resolution #2014-R-70, as shown on page ______, recognizing Deborah Hughes for more than 20 years of service and dedication to Seminole County government and its citizens upon her retirement effective April 4, 2014, as a Juvenile Diversion Officer with P.A.Y. Division in the Department of Community Services.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Horan presented the Resolution to Ms. Hughes who addressed the Board to express her appreciation. Chairman Dallari thanked Ms. Hughes for reaching out to the young people in the Juvenile Justice System.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, advised of an add-on Item #3A, which is an Amendment to the Hunting & Fishing Club Lease. Also, staff would like to pull Item #17, the Reflections Lease, and bring it back at the next meeting.
Commissioner Constantine stated relative to Item #3A that it is currently wild turkey season and questioned whether due diligence was done and the stock was checked out for its sustainability. Joe Forte, Deputy County Manager, advised they looked at most everything but were unable to determine the stock of turkey in the area to know if it is sustainable or not. Commissioner Constantine said he thinks it would be appropriate to check with FWC (Fish and Wildlife Conservation Commission) to check the numbers to ensure there is sustainable stock. Mr. Forte stated that he would follow up on that this morning.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to authorize and approve the following:
County Manager’s Office
Human Resources Division
3. Approve and authorize the Chairman to execute the Third Amendment, as shown on page _______, to the Administrative Services Agreement with Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue, extending the current contract.
3A. Approve and authorize the Chairman to execute the First Amendment to the Hunting and Fishing Club Lease and Purchase Agreement, as shown on page _______, which was entered into on March 22, 1994 between Seminole County and The Seminole County Wildlife Association, Inc.
4. Approve and authorize the Chairman to execute the Seminole Behavioral Healthcare Business Associate Agreement, as shown on page _______, regarding the use and disclosure of Protected Health Information to Seminole County staff.
Community Assistance Division
5. Approve and authorize the Chairman to execute the Modification of Agreement, as shown on page _______, between Florida Department of Economic Opportunity and Seminole County.
Community Development Division
6. Approve and accept the Neighborhood Stabilization Program (NSP) monthly Snapshot/Report and properties acquired by Seminole County Government.
Planning & Development Division
7. Approve the final plat for Grande Oaks at Heathrow Replat containing 46 lots on 3.069 acres, located on the northeast corner of H. E. Thomas Jr. Parkway (CR 46A) and Orange Boulevard, Heathrow Oaks, LLC.
8. Approve the final plat for Eden Point subdivision containing 41 lots on 26.78 acres, located on the northwest side of Dodd Road and approximately 700 feet northeast of Howell Branch Road, Jen Florida VIII, LLC and Eden Point Homeowner’s Association, Inc.
9. Approve the Release of the original Maintenance Bond #09063263 for Water & Sewer Facilities for the project known as Shoppes @ Clayton’s Crossings (Wal-Mart Store #5894) in the amount of $3,931.66, Wal-Mart Stores East LP.
Solid Waste Management Division
10. Approve the annual consumer price index, as shown on page _______, for all urban consumers adjustments (CPI-U) and semi-annual fuel index adjustments (CPI-F) for residential solid waste collection services, as set forth in Sections 13(d) and (e) of the Residential Franchise Agreements with new rates effective on April 1, 2014.
11. Approve and authorize the Chairman to execute the Access Easement, as shown on page _______, for Tract H, in the newly developed Lake Markham Landings Subdivision, Bellsouth Telecommunications, LLC d/b/a TFT Southeast.
Tourism Development Division
12. Approve and authorize the Chairman to execute a Tourist Tax Funding Agreement, as shown on page _______, with the University Athletic Association (UAA) in the amount of $3,071 for the 2014 UAA Men's and Women's Tennis Championships to be held April 24 - 27, 2014.
13. Approve and authorize the Chairman to execute a Tourist Tax Funding Agreement, as shown on page _______, with Florida High School Athletic Association, Inc. (FHSAA) in the amount of $5,400 for the 2014 Florida High School Athletic Association’s Tennis Championships to be held April 14 - 18, 2014.
14. Adopt appropriate Resolution #2014-R-50, as shown on page _______, accepting a list of roadways into the Seminole County Maintained Road System and providing for an effective date.
15. Approve and authorize the Chairman to execute a Purchase Agreement, as shown on page _______, and a Holdover Agreement, as shown on page _______, related to Parcels 102 A & B between Dell Hand and Elana Hand and Seminole County for the early acquisition of property needed for the Dean Road Widening Project, 5940 Dean Road, Oviedo, Parcel #31-21-31-504-0000-0230, for $300,000 as full settlement of all claims for compensation from which Seminole County might be obligated to pay relating to this parcel.
16. Adopt appropriate Resolution #2014-R-71, as shown on page _______, and authorize the Chairman to execute a Local Agency Program (LAP) Supplemental Agreement Number 1, as shown on page _______, with the State of Florida, Department of Transportation, for the construction and inspection of the State Road 46 at Jungle Road and Rest Haven Road Project. This project consists of the construction of an eastbound and westbound left-turn lane at the intersection of State Road 46 and Jungle Road and an eastbound left-turn lane at the intersection of State Road 46 and Rest Haven Road (FPN:432141-1-58/68-01).
17. Pulled from the agenda request to approve and authorize the Chairman to execute a First Amendment and Second Renewal to the Reflections of Hidden Lake Environmental Services Department Lease.
18. Approve and authorize staff to submit a Grant Application to the St. Johns River Water Management District through their Cooperative Funding Program in the amount of $29,552; and authorize the County Manager to designate the Director of Environmental Services to execute any documents associated with the application on behalf of the County in accordance to Administrative Code Sections 1.10 and 22.20D(1)d.
Budget and Fiscal Management Division
19. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-75, as shown on page _______, implementing Budget Amendment Request (BAR) #14-053, in the amount of $1,133,981 through the Water and Sewer (Capital) Operating, Water Connection Fee, Sewer Connection Fee, Water and Sewer Bonds (Series 2006), and Water and Sewer Bonds (Series 2010) Funds to restructure and reallocate funding in FY 2013/14 for various Water and Sewer Capital Projects.
20. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-72, as shown on page _______, implementing Budget Amendment Request (BAR) #14-054, in the amount of $20,000 through the Animal Services Donations Fund to establish funding for a project (#70000202) to replace the existing commercial grade washer and dryer at the Animal Services Adoption Area.
21. Approve and authorize the Chairman to execute Agreements, as shown on page _______, for Easement and Right of Entry, with property owners Karen and David Wilkie, Darryl and Gina Braun, W. Clark and Allis Gwinn, and Dennis Marra, as required to support piloting an ultrasonic system for algae control at Sweetwater Cove Lake.
Purchasing & Contracts Division
22. Award CC-9081-13/JVP, as shown on page _______, Construction Services Agreement, Seminole Wekiva Trail Phase IV in the amount of $1,312,919.54, to Masci General Contractor, Inc. of Port Orange; and authorize the Purchasing & Contracts Division to execute the Agreement.
23. Award CC-9170-13/JVP, as shown on page _______, Construction Services Agreement for SR 46 Gateway Sidewalks, Rinehart Road to Airport Boulevard, in the amount of $909,702.40 to Estep Construction, Inc. of Apopka; and authorize the Purchasing & Contracts Division to execute the Agreement.
24. Award IFB-601922-14/TLR, as shown on page _______, Term Contract for County Facility Lawn Maintenance Services, to LaFleur Nurseries and Garden Center, LLC, Sanford; and authorize the Purchasing & Contracts Division to execute the Agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Bryant Applegate, County Attorney, stated the back-up on this item explains the purpose of the Declaration of Restrictive Covenant. He advised that the County owns 1/64 of the property as part of the Iron Bridge Agreement and he requested approval.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize the Chairman to execute the Declaration of Restrictive Covenant, as shown on page _______, between the City of Orlando, Seminole County, and the State of Florida Department of Environmental Protection regarding the real property used by the City of Orlando for the regional wastewater treatment plant known as the Iron Bridge Water Pollution Control Facility, Seminole County Parcels #33-21-31-300-0010-0000, #28-21-31-300-0140-0000, and #28-21-31-300-0170-0000.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Horan, seconded by Commissioner Carey, to approve and authorize the following:
26. Approval of Expenditure Approval Lists, as shown on page _______, dated February 24 and March 3, 2014; and Payroll Approval List, as shown on page _______, dated February 27, 2014; approval of the BCC Official Minutes dated February 11, 2014; and noting, the following Clerk's "Received and Filed":
1. Work Order #10, as shown on page _______, to RFP-5847-10.
2. Work Order #2, as shown on page _______, to PS-8005-12.
3. Work Order #64, as shown on page _______, to PS-4388-09.
4. Work Order #9, as shown on page _______, to PS-8186-13.
5. Second Amendment, as shown on page _______, to PS-6980-11.
6. Recorded Warranty Deed and Partial Release of Mortgage, as shown on page _______, Gary J. Martin, Parcel #23-21-29-503-0A00-0140.
7. Recorded Warranty Deed and Partial Release of Mortgage, as shown on page _______, Charles R. and Stephanie L. Ickes, Parcel #26-21-30-300-0160-0000.
8. Email dated 2/20/14 from FDOT relating to a Public Information Meeting regarding SR 46 Road Construction, Financial Project #240216-6-52-01.
9. Email dated 3/4/14 from FDOT relating to a Public Information Meeting regarding “Beyond I-4 Ultimate” Project Development and Environment (PD&E) Reevaluation Study, Financial Project #432100-1-22-01.
10. Amendment #3, as shown on page _______, to Work Order #42 to PS-4388-09.
11. Recorded Development Orders, as shown on page _______, for variances as follows: #13-30000101, Daniel Lunsford; #13-30000100, Leon Merck, Jr.; #13-30000099, Joseph & Susan Hartley; #13-30000098, Actually Working, LLC; #13-30000097, Darrell & Joanna Conn; #13-30000095, Giovanni Feroce; #13-30000094, Gary & Jeanie Brown; and #13-31000001 (Special Exception), Nancy & Gal Schwartz.
12. Work Orders #11 and #12, as shown on page _______, to PS-8047-12.
13. First Amendment, as shown on page _______, to CC-9140-13.
14. Florida Public Service Commission Order Approving Commercial/Industrial Service Rider Tariff to negotiate pricing arrangements with customers at risk of leaving FPL, Docket No. 130286-EI.
15. First Amendment, as shown on page _______, to IFB-601635-13.
16. Change Order #2, as shown on page _______, to CC-8460-13.
17. Change Order #2, as shown on page _______, to CC-8459-13.
18. Change Order #2, as shown on page _______, to CC-8458-13.
19. Maintenance Bond #1024417, as shown on page _______, for Water & Sewer Facilities for the project known as Enclave at Bear Lake in the amount of $32,179.10.
20. Maintenance Bond #1027844, as shown on page _______, for Water & Sewer Facilities for the project known as Silverleaf in the amount of $49,905.41.
21. Maintenance Bond #3352520, as shown on page _______, for Water & Sewer Facilities for the project known as Colonial Heathrow Parcel 3 Office Building (Verizon Building) in the amount of $3,240.
22. Amendment #1, as shown on page _______, to Work Order #48 to PS-4388-09.
23. Work Order #10, as shown on page _______, to PS-8186-13.
24. Closeouts, as shown on page _______, of the following contracts: CC-8646-13, CC-8806-13, and CC-8651-13.
25. Change Order #1, as shown on page _______, to CC-8780-13.
26. Recorded Corrective Mortgage Deed, as shown on page _______, Gloria Cummings and Annette DeJesus, Parcel #20-19-30-501-0000-0490.
27. Recorded Mortgage Deed, as shown on page _______, SHIP Rehabilitation Assistance, Juanita Debose, Parcel #31-19-31-505-0000-1430.
28. Amendment #1, as shown on page _______, to Work Order #15 to CC-8199-12.
29. PS-9092-13, as shown on page _______, Sports Complex Architectural and Engineering Services Agreement with HKS Architects.
30. Re-recorded Resolution #2013-R-251, as shown on page _______, V&A Utility Easement, Lake Forest Village Shoppes Buffer, David McDaniel.
31. Recorded Special Warranty Deed, as shown on page _______, 105 North Sunland Drive, Parcel #14-20-30-501-0Q00-0300.
32. Change Order #5, as shown on page _______, to RFP-7760-12.
33. Change Order #1, as shown on page _______, to Work Order #16 to CC-8199-12.
34. Amendment #2, as shown on page _______, to Work Order #6 to RFP-7423-12.
35. Amendment #1, as shown on page _______, to Work Order #7 to RFP-7423-12.
36. Seventh Amendment, as shown on page _______, to IFB-600806-10.
37. Letter dated 2/25/14 from Robert Dallari, BCC Chairman, to Dr. Lawrence O. Pultz, DVM, regarding notification of approval of his appointment to the Animal Control Board for a term ending 1/1/15.
38. Audit Reports from the Clerk of Court as follows: Special Review of Short Term Disability; Special Review of Solstice Benefits, Inc., Dental Insurance; and Special Review of American Heritage Life Insurance Company, Cancer Insurance.
39. Recorded Mortgage Deed, as shown on page _______, SHIP Rehabilitation Assistance, Irna Maude Walker, Parcel #35-19-30-517-0600-0210.
40. First Amendment, as shown on page _______, to IFB-601893-13.
41. Amendment #3, as shown on page _______, to M-6607-11.
42. Litigation Consultant Services Agreement, as shown on page _______, with Walter G. Robillard for Case #2011-CA-3645-14-W, Goebel, et al.
43. Contracts for Services, as shown on page _______, with the following: James Zeisler, Deborah Lloyd, Bill Van Mater, Torrance Williams, John Charles Thaens, Koson Panakhyo, Darren Matthew Fox, Matthew Pfeiffer, and Julie Ann Defaux.
44. Associate Tennis Pro Agreement, as shown on page _______, with John Gegenheimer.
45. Bids as follows: PS-8419-13 and BID-601919-14.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Horan, seconded by Commissioner Carey, to approve and authorize the following:
27. Approval to expend up to $25,000 from the Law Enforcement Trust Fund to provide for a contribution to the Central Florida Council, Boy Scouts of America.
28. Approval to expend $2,000 from the Law Enforcement Trust Fund for a contribution to the J. Douglas Williams YMCA Family Center to provide funding in support of their Scholarship Campaign.
29. Approval to provide $2,500 in funding from the Law Enforcement Trust Fund in support of Leadership Seminole.
30. Approval to contribute $1,000 from the Law Enforcement Trust Fund to provide funding in support of Mothers Against Drunk Driving (MADD).
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Hartmann commended Brett Blackadar for pulling together all the interlocal agreements and moving this item at a very fast pace over the last couple of months. He said that Mr. Blackadar gained everyone’s consensus on it and did a great job.
Brett Blackadar, County Engineer, addressed the Board and thanked the County Attorney’s Office for their efforts. He presented the request to consider approval of a Resolution and the associated Interlocal Agreement among Seminole County, the School Board of Seminole County, and the signatory municipalities pertaining to the shared distribution and use of the One-Cent Local Government Infrastructure Sales Tax. He advised the Interlocal Agreement has been approved by the School Board and all seven cities within the past two weeks. He stated the Agreement establishes the percent distribution between the School Board, County and Cities as well as the proposed project list and gives a procedure for making changes to the projects in the future.
Commissioner Carey commented that it was pretty amazing that they could get such a community-wide consensus and over 40 elected individuals to step up to the plate to support this particular infrastructure sales tax. She commended all involved for their efforts.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt appropriate Resolution #2014-R-73, as shown on page _______, and the associated Interlocal Agreement, as shown on page _______, pertaining to a ten-year, One-Cent Sales Surtax on all taxable transactions in Seminole County subject to Referendum approval, and further providing for the process for identification of infrastructure projects and shared distribution of the tax proceeds among the County, the municipalities in the County and the School Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
The Board noted for information only, the Budget Transfer Status Report for FY 2013/14.
No one spoke in support or in opposition.
COUNTY ATTORNEY BRIEFING
Bryant Applegate advised in regard to the DJJ (Department of Juvenile Justice), he distributed via email earlier today the latest Senate Bill Amendment (received and filed) which states eleven years and three hundred and some thousand. He also drafted a letter (received and filed) in response to a letter received from the Governor’s staff that pertained to the BCC letter that was sent a couple of weeks ago. He recommended they hold the letter for a few days to see what may happen. He requested the Chairman sign and send the letter at the appropriate time if need be.
Under discussion, Commissioner Carey stated they need to make a strong push right now with the Lobbyist. She said she knows that several of the Board members will be in Tallahassee in the next couple of days and believes it is critical that they try to get an amendment in there to settle with the three counties that are no longer in the system. She said it is less than 10 million dollars and the Governor has indicated that he believes they should be made whole. She added it would be nice if they could get someone to make an amendment for the three counties that are no longer in the system to be paid at 100%, and then work with those in the system to pay it over time. She said this will take an all-out effort on the part of this county, Polk County and Marion County.
Mr. Applegate advised that he and Assistant County Attorney Arnold Schneider met with the Polk County and Marion County Attorneys last week and they are all pushing for this.
Chairman Dallari agreed that when they are in Tallahassee, they need to discuss this and reach out to their delegates.
Commissioner Carey suggested they put something in writing to the sponsors of those bills asking them to make that amendment.
Chairman Dallari asked Mr. Applegate to draft a letter to the sponsors in the House and the Senate asking for that amendment. He stated the letter should be signed by each Board member.
Commissioner Henley suggested they make the effort to have the other two counties do the same.
Chairman Dallari confirmed there is a consensus of the Board that letters signed by the Board be sent to the sponsors of the bills in the House and the Senate, and to encourage Polk and Marion Counties to do the same.
Commissioner Horan added that this is a fluid situation and as part of the Legislative Executive Committee of FAC (Florida Association of Counties), along with Commissioner Constantine, and the County Attorney as part of the FACA (Florida Association of County Attorneys) group, they have been engaged in a lot of different discussions over the last three to five weeks. He said it is apparent that the legislators, and in particular their own delegation, do not fully understand the different situations that exist with the different counties. He said it is a situation where the legislators need to understand that there are basically three different types of stakeholders in this situation: there are the stakeholders like Seminole County who are no longer in the system and are owed money; there is the issue of going forward, which is the “50/50”, and it is of no interest to Seminole County; and then there are those who have not litigated who are still in the system to whom a payout over a period of time really makes more sense.
Chairman Dallari directed that Commissioner Horan’s comments need to be stated very clearly in the letter to the legislators, without too much legalese. He advised that he will also be heading to Tallahassee later today; there is an opportunity through “Visit Florida” regarding the Sports Complex and he hopes to report back to the Board about an opportunity to maybe partner with “Visit Florida”. He will not be in attendance this afternoon.
Chairman Dallari recessed the meeting at 10:00 a.m.; reconvening at 1:30 p.m., with all Commissioners and all other Officials, with Chairman Dallari being absent; with the exception of Clerk of Court Maryanne Morse, who was replaced with Chief Deputy Clerk Bruce McMenemy; and with the exception of Deputy Clerk Terri Porter, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Vice Chairman Carey stated Chairman Dallari will not be in attendance this afternoon as he is traveling to Tallahassee to meet with the Florida Tourism Commission.
PROOFS OF PUBLICATION
Motion by Commissioner Horan, seconded by Commissioner Henley to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 2, 3, 4 and 5 voted AYE.
WEKIVA GREEN-CHURCHILL DRIVE MSBU
Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance establishing the Wekiva Green-Churchill Drive Road Improvement Municipal Services Benefit Unit (MSBU); and to consider a Resolution implementing Budget Amendment Request (BAR) #14-042 in the amount of $265,650 to appropriate funding for the project, received and filed.
Carol Watral, Resource Management, addressed the Board to review the process for creating an MSBU. She stated the petition to create an MSBU process demonstrated an 89% support level, exceeding the 65% level required for Board consideration. The assessment boundary for this MSBU includes 37 residential properties. The total cost of the project is estimated at $265,650. Based on the estimated project cost, the preliminary assessment per benefiting property is $7,180. The annual installment payment is estimated at $500 per parcel for a 20-year repayment term. Staff recommends approval of the request.
No one spoke in support or in opposition.
Written Comment Form from Porus Sagar supporting the project was received and filed.
Motion by Commissioner Constantine, seconded by Commissioner Horan to adopt Ordinance #2014-19, as shown on page ________, establishing the Wekiva Green-Churchill Drive Road Improvement Municipal Services Benefit Unit (MSBU); and adopt appropriate Resolution #2014-R-74, as shown on page ________, implementing Budget Amendment Request (BAR) #14-042 in the amount of $265,650 to appropriate funding for the project, as described in the proof of publication.
Districts 2, 3, 4 and 5 voted AYE.
RED BUG ROAD REZONE/Dustin Lucas
Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for 48.1 acres for property located at the southeast end of Red Bug Road, approximately 1,600 feet east of SR 426, Dustin Lucas, received and filed.
Brian Walker, Development Services, addressed the Board to advise the applicant is proposing to develop a single-family residential subdivision with 117 lots and a minimum lot size of 8,000 square feet. The minimum lot size of 8,000 square feet is an increase over the original proposal of 6,000 square feet, and the Master Development Plan will be updated to reflect the larger lot sizes prior to the signing of the Development Order, if approved. The applicant is proposing to construct a 16-acre pond which will be used for compensating storage and wetland creation. The environmental enhancement will be facilitated by the clustering of the residential lots. The proposed project is compatible with the surrounding area and consistent with the Seminole County Comprehensive Plan. The Planning and Zoning (P&Z) Commission recommended denial of the request. Staff recommends approval of the request.
Dustin Lucas, applicant, addressed the Board to display an aerial (received and filed) showing SR 426 and East Red Bug Road and stated he has taken care of staff’s requirements. A traffic study was submitted to staff for review. The study shows that the project does not have any impact or adversity to Aloma Avenue or any surrounding areas. He stated they have increased the lot sizes to 8,000 square feet which will decrease the density by 25%. They have drastically changed the number of the lots from 117 to 90 to help the surrounding area and alleviate the concerns of the neighbors. He added he is proposing to redo the entire 50-foot right-of-way with new asphalt, storm curb, lights and sidewalks to beautify the area. He concluded he believes they have met all criteria that will help alleviate flooding in the area.
Upon inquiry by Commissioner Horan, Mr. Lucas explained, per the County’s requirements, they will reconstruct the 24-foot roadway with curb and gutter on the side along with a storm curb. He stated they will also be tying into Seminole County’s utilities including water, sanitary and a private lift station inside the gated neighborhood. Sod and sidewalks will be installed all the way to Aloma Avenue.
Brandon Rose, 1345 East Red Bug Road, addressed the Board to state he is here on behalf of his parents, Ken and Peggy Rose. He displayed and reviewed an aerial (received and filed) showing other projects in the area. He read the concerns of the Public Works staff from a 2007 report relating to a project located at the mouth of East Red Bug Road. He discussed the traffic issues that this project will create, along with existing traffic problems due to developments to the north, east and south of this area. He said he is not familiar with the traffic study that was done; but the Review Committee was very concerned with the problems they encountered. He concluded everyone living in the area has expressed concern that the existing traffic problems would only be exacerbated by the proposed piecemeal development.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
At the request of Vice Chairman Carey, Brett Blackadar, County Engineer, addressed the Board to discuss the capacity issues on SR 426 and the coordination with FDOT. Mr. Blackadar stated he has not reviewed the traffic study but evaluated the daily and peak-hour capacity on SR 426. He displayed an aerial (received and filed) and stated the only issue of concern is when Red Bug Road comes out onto SR 426, the median opening will cause problems because of the close proximity. He stated the problem he sees is that traffic making a right turn will have to move over quickly to make a left turn. He said he spoke to FDOT and they indicated that, after reviewing same, they may be able to come up with a couple of options. He added the developer will have to obtain FDOT’s approval to buy off on the study. Those will be addressed during the engineering process. The first option is to place a sign stating “no U-turn” at the first median opening and make traffic go to the next median opening. Also, they can work with the property owner to the north to relocate the left turn lane in order to provide more space.
Upon further inquiry by Vice Chairman Carey, Mr. Blackadar advised as things start to develop in that area, FDOT will review the spacing of all median openings.
Commissioner Carey distributed ex parte communications (received and filed) regarding this item into the record.
Commissioners Henley, Constantine and Horan indicated that they have met with the applicant relating to this issue.
Motion by Commissioner Horan, seconded by Commissioner Constantine to adopt Ordinance #2014-20, as shown on page _______, enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order, as shown on page ________, and Master Development Plan, for 48.1 acres for property located at the southeast end of Red Bug Road, approximately 1,600 feet east of SR 426, as described in the proof of publication, Dustin Lucas, with staff’s recommendation.
Under discussion and upon inquiry by Commissioner Constantine, Commissioner Horan advised the motion includes changing the maximum lot size from 6,000 square feet to 8,000 square feet.
Vice Chairman Carey clarified the motion includes coordinating with FDOT relating to the intersection improvements at SR 426 and East Red Bug Road. Commissioner Horan stated it is a State Road and he presumes FDOT will be doing whatever engineering and approvals they are going to need. He stated a similar situation exists on Red Bug Lake Road as they exit SR 417 where most of the traffic going east or north will have to move across four lanes. He stated he is not concerned with that as he feels there are ways to handle it from an engineering point of view.
Districts 2, 3, 4 and 5 voted AYE.
Nicole Guillet, Deputy County Manager, addressed the Board to review the legislative update stating the “springs” bill is moving forward but there is a different version. There is still an issue of whether or not there will be sufficient funding. The timeframe keeps moving on requirements but the substance of the bill is pretty much the same as what was first seen. The Florida Association of Counties’ outlook on this is not strong. The House has not moved on this bill and it is uncertain whether or not this bill will pass. Representative Patronis indicated that he doesn’t think there will be a “springs” bill this year.
Ms. Guillet stated Representative Patronis has a controversial Environmental Permitting bill and it has gotten a lot of push back from local governments. She said she feels some of the things that Representative Patronis is trying to do are actually not inconsistent with the direction that Seminole County has been moving from a development and permitting standpoint.
Ms. Guillet stated she would like some feedback on the Expressway Authority bill. The Senate version has changed in a number of ways, but what might be significant to the Board is the proposed composition of the Central Florida Expressway Authority. She stated Senator Simmons had proposed 11 members on the Authority which would include an appointment from the County Commissions from Seminole, Lake, and Osceola counties, the Mayor from Orange County and the Mayor from the City of Orlando, and six gubernatorial appointments. Two appointments must be from Orange County, one from the other three counties, and there would be two at-large positions.
Ms. Guillet stated the most recent Simmons bill moved through the second reading and those appointments were cut down to nine members, one appointment from Seminole, Lake, Osceola and Orange counties, the Mayor of Orange County and the Mayor of the City of Orlando, and then three appointments from the Governor in which two must be from Orange County and one from the three remaining counties. The representation has been shifted significantly towards Orange County under the Simmons version of the bill. That bill will be placed on the third reading calendar which means it will be difficult to make any amendments to that bill. The House bill still has the original composition of the 11 members; therefore, staff has an opportunity to work with Representative Nelson to try to keep the composition more favorable to the other three counties involved. She stated if the Board has no objections, staff will contact the County’s representatives in Tallahassee, as well as Representative Nelson and Senator Simmons, to try to shift it back to the 11 members.
Vice Chairman Carey stated she feels it is important that if it is going to be a regional authority that the representation should be more fairly distributed. The Board had no objections to supporting the 11 members.
Ms. Guillet stated the House has advanced an economic development incentive package. She stated it is really a tax-cut package. There have been over $11 million in non-recurring cuts this past year and staff is working with FAC to try to determine the actual impact to Seminole County. That ranges from the school’s sales tax holiday to a sales tax exemption on items such as cement mixers, car seats and prepaid calls. There is a hearing on it this week as a committee bill and staff will try to determine what the impact will be to Seminole County from a revenue-sharing standpoint. FAC is working on trying to minimize the impacts to local governments and it is expected to pass. She said staff will keep the Board posted on that issue.
Bryant Applegate, County Attorney, stated Assistant County Attorney David Shields has read a 450-page and a 400-page bill related to gambling. If the voters approved this during a General Election of the presidential race, there is a chance that a dog track or a fronton would be allowed to have slot machines at their establishments. He stated staff will provide daily updates.
Upon inquiry by Vice Chairman Carey, Mr. Applegate advised his office will be drafting a letter but he would like to wait a few days before he sends it out to see what happens.
Vice Chairman Carey stated she would like to know what happens if a statewide gambling bill passes since Seminole County’s Charter prohibits gambling in this county. Mr. Applegate advised it depends on the preemption status of the bill. Vice Chairman Carey requested that staff keep everyone abreast as to what is going on as the voters have overwhelmingly addressed this particular issue.
Commissioner Constantine stated the DJJ issue is a moving target at this time and it was encouraging for all the counties to see Senator Latvala’s amendment. He stated with regard to the “springs” bill, he believes the House will not have the gumption to move forward with it as does the Senate this year; it did pass unanimously out of the Environmental Preservation Committee. This bill does have specific requirements concerning fertilizer, septic tanks, and connection. He advised Senator Gardiner stated that it may not happen this year, but something is going to happen, so he opined the County needs to be prepared. Senator Gardiner and Senator Negron have not been as enthusiastic in protecting waterways as others have been in the past. Both have now jumped on the bandwagon because of the Indian River Lagoon. He then read a quote from Senator Gardiner. He stated Seminole County can be proactive in working towards protecting their rights with mandates or the County could be left behind. He added he feels there are many things the County needs to be very cautious and concerned about with Representative Patronis’ bill. There are two mandates in this bill that preempt local government authority to protect the wetlands and the springs, and to regulate stormwater runoff on agricultural lands. It also preempts local government authority to require a super majority on Comprehensive Plans and Amendments. It allows, in some cases, a 50-year consumptive use permit (CUP), and that would be detrimental to the springs. It also allows a 30-year consumptive use permit for water projects associated with developments of regional impact, and that may be detrimental to the Wekiva Springs as well as Seminole County. He said the problem with Representative Patronis’ bill is it is being run by special interests and it collects other things that are not very agreeable to local government as it moves forward.
Ms. Guillet stated Representative Patronis indicated that he is backing off with some of them including the 50-year CUP. He is reconsidering the preemption on regulating wetlands and stormwater.
Commissioner Horan stated he believes there will be some type of clean water legislation coming out of the State within the next two years. It will include unfunded mandates and Seminole County will have to be prepared to deal with how they are going to pay for it, how they will allocate the costs, and what vehicles are at their disposal to address that.
Vice Chairman Carey stated her biggest concern is anything that would require them to retrofit sewer in an area that was intentionally developed with the idea that they would have wells and septic tanks. Higher density was never in those areas until utilities were introduced. Retrofitting is twice as expensive now than doing it in the beginning. The citizens shouldn’t have to bear the burden.
Commissioner Horan agreed and said they shouldn’t penalize some counties more than other counties because they have these particular areas and they can’t spread out the cost of retrofitting. Vice Chairman Carey added the early estimates are $50 million. Commissioner Horan added that what concerns him is there’s not a lot of creative thinking as to how to fund this; they are just talking about mandates.
Commissioner Constantine stated it doesn’t make sense to retrofit all of those, but he thinks there are some innovative approaches. Vice Chairman Carey stated as everyone may recall, part of the settlement for the St. Johns River Water Management District was that Seminole County placed reclaim in five areas along the northwest corridor. The cost to do that was very expensive as it is very difficult to put infrastructure in after a community is built.
DISTRICT COMMISSIONERS’/COMMITTEE REPORTS
Commissioner Horan stated the County has an opportunity through United Arts to use their online program during their capital campaign to highlight a school arts program. This would allow the schools to advertise the program to raise up to $2,500 and that amount would be matched by the County. He added he would like the Board to consider that as an additional grant.
Motion by Commissioner Horan, seconded by Commissioner Henley to approve a grant up to $2,500, with the County matching the dollar amount from United Arts, benefitting the Seminole County Public Schools Arts Program.
Under discussion, Commissioner Constantine stated he feels this is a good idea, but he is not prepared to vote on this today and he would like to bring it back.
Commissioner Horan stated he believes the campaign ends on April 30. He stated this is offered by United Arts to allow the schools to use their power to raise money for programs.
Vice Chairman Carey stated the campaign runs through the end of April and it will benefit the children in the arts program. She said she feels that if children do not have something to keep them busy, then they could be out on the streets causing trouble.
Upon inquiry by Commissioner Henley, Commissioner Horan advised he doesn’t know how many children will benefit from the $2,500. The program would depend upon the amount of people participating based upon how much they raised.
Upon inquiry by Vice Chairman Carey, Commissioner Horan advised that Davia Moss, Executive Director at The Foundation of Seminole County Public Schools, reviewed this with the Superintendent of Schools Walt Griffin and School Board Chairman Almond, and they gave her the go ahead to put together an advertisement. Commissioner Henley asked if they considered having The Foundation paying the $2,500.
Vice Chairman Carey asked if the motion maker would like to amend the motion to state that the County is willing to match if The Foundation would be willing to do the same.
Mr. Applegate recommended bringing this issue up at the next meeting to allow them time to get everything together. Commissioner Horan stated he is willing to contact The Foundation to see if they are willing to match the amount.
Commissioner Horan withdrew his motion and Commissioner Henley agreed to withdraw his second.
Commissioner Horan stated he serves on the Transportation Disabled Local Coordinating Board for MetroPlan and the movement of Medicaid to Managed Care is going to have a profound effect on the coordinated TD (Transportation Disabled) system throughout the region. There are three types of TD users: Medicaid, ADA (Americans with Disabilities Act) and TD. Under the coordinated system with LYNX, the cost is allocated differently with transportation for the disabled. The system will be taking the best portion of the Medicaid users and putting them into a different system with different users and different coordinators. Those will be under Managed Care except for particular portions of Medicaid who use the system the most, and they will be put under a coordinated system, which will increase the County’s cost. He said he feels the Board will receive a lot of phone calls because people will be confused as they will have to contact several people in order to figure out where they need to go. A trip to the doctor will be covered by Medicaid but not prescriptions, as they will be covered by a different user and there may be an array of different users. Commissioner Horan added he will present an update to MetroPlan on April 9.
Vice Chairman Carey stated the managed care program went into effect March 1 in three regions. Commissioner Horan stated this region begins in August. Vice Chairman Carey suggested giving each Board member a list of providers and phone numbers so they can direct their constituents.
Commissioner Horan stated there is a situation involving the Rural Heritage Center in Geneva in which they are trying to clean up with regard to taxes that were imposed. Mr. Hartmann stated that will be brought before the Board on April 8, 2014.
Commissioner Constantine advised he spoke to a number of service clubs relating to the infrastructure sales tax over the past couple of weeks. He stated he has scheduled four or five more meetings relating to same.
Commissioner Constantine stated the Council of Local Governments is scheduled for April 2, 2014. The State of the County for the Oviedo/Winter Springs Chamber is scheduled for April 3, 2014. The Economic Development Council Awards Dinner is scheduled on April 3, 2014. The Central Florida “Brews Around the Zoo” is scheduled for April 5, 2014.
Commissioner Henley stated at the last Tourism Development Council (TDC) meeting, the Council adopted a Strategic Plan for 2014, which encompasses the development and adoption of performance standards for the TDC and the Convention Bureau. It calls for an increase in travel to the National Coaches Association meeting in order to market and promote sports as well as drawing business meetings into Seminole County. The Strategic Plan will drive the budget allocation, and the performance standards are measureable.
Commissioner Henley advised there was further discussion during the last LYNX meeting relating to a potential public partnership to convert the LYNX fleet over to compressed natural gas. A firm entitled “No Petro” has submitted a proposal, under detailed analysis, with regard to their willingness to pay for the conversion of the buses and to build refill stations, etc. They are also willing to expand LYNX’s maintenance facility. LYNX would also get a royalty on each gallon of compressed natural gas used. He stated he will try to keep the Board up to date as they move forward because this will show a potential considerable amount of savings in the fuel area. The schools in Tallahassee are using compressed natural gas on a trial basis, and they will be receiving more fact findings and analyses.
Upon inquiry by Commissioner Horan, Commissioner Henley advised LYNX’s budget assumptions have been discussed and a lot of their budget depends on whether the County uses the $1.1 million savings that they incurred to help defer costs to their funding partners or whether they keep it in reserves for future maintenance. Vice Chairman Carey stated she has confidence that Commissioner Henley will do an excellent job in keeping LYNX on track of the budget.
Commissioner Carey stated she gave a presentation to the Private Business Association of Seminole (PBAS) relating to the County’s request to approve a penny sales tax, and Grant Maloy made a presentation to not support the sales tax. At the end of the presentations, it was overwhelmingly voted to support the tax.
Commissioner Carey stated she is the representative on the Central Florida Commission on Homelessness and there is a lot of data being collected throughout the region. That data is being narrowed down to each county and the total report is expected to be completed at the end of May. The preliminary report is available on the chronically homeless and the results show about 400 chronically homeless people in Seminole County and about half of them are in District 5. She stated the Commission on Homelessness is hoping, during the summer, to analyze all the data and confirm where the gaps are. She added this fall she would like to have a community discussion on homelessness so that the business leaders, community leaders, and providers can come up with a concrete plan. The Community Services Department is doing a wonderful job in being ahead of how they are addressing the rapid re-housing. She stated Andrae Bailey, Executive Director for the Central Florida Commission on Homelessness, has spent a significant amount of time looking at the report that was created relating to the communities having homeless issues. They have been able to make a big dent on that issue. The Legislature is also discussing that issue this year and will probably discuss it again next year as it continues to be a growing problem statewide.
Commissioner Horan stated homelessness was the Florida Association of Counties’ legislative priority this year. This issue seems to ducktail into the affordable housing situation. An article was written about a month ago on the connection between homelessness and the lack of affordable housing. He stated he feels it would be a great idea to have discussions on homelessness so that everyone can understand the dynamics of solving that problem.
Commissioner Carey stated the economic impact on the community is another part of the data being gathered. The chronically homeless usually end up in the County’s jails, the community service facilities and/or the hospitals. It does have a cost associated with it as well as a cost to address it. The Central Florida Commission on Homelessness has indicated that they need to understand where the gaps are and the best practices used throughout the country to address the issue.
Commissioner Constantine stated he feels Commissioner Carey’s idea is an excellent one. Commissioner Horan stated the County receives a grant every year for $1.6 million to assist about 50 to 60 chronically homeless people; but the one thing those people do not have is a home. Commissioner Carey asked the Board to keep in mind that this discussion will be going on in the fall as they will be asked to be part of the solution.
Commissioner Carey asked everyone to join her at the Riverwalk for the Meals on Wheels walk on Saturday, March 29, 2014. She stated breakfast will be served at the Sanford Civic Center at 9:00 a.m.
Commissioner Carey stated the Boy Scouts Golden Eagle Dinner will be held next week and the money raised will stay in Seminole County.
Commissioner Carey stated the Teal Magnolia Luncheon for ovarian cancer will be held on Saturday, April 5, 2014, at the Westin Hotel.
COUNTY MANAGER’S REPORT
Mr. Hartmann stated staff needs to make a correction to the project number for Item #19, Approve BAR #14-05, which was approved in the morning session. He said the number should be 00021711.
Mr. Hartmann stated he believes the transition should be very smooth and he wishes everyone the best in everything they decide to pursue. He stated there are some big items that will continue to be on the agenda, and he is sure that the Board, staff and the community will do wonderful things with them. He added he is glad to see the homeless issue continues to be in the forefront and he believes that staff and the Board will be doing good work in that field.
Vice Chairman Carey wished Mr. Hartmann, on behalf of the Board, the best of luck in his next endeavor.
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated he will be attending the Board of Directors and Executive Board of the County Attorneys Association meeting in Tallahassee tomorrow. The Board and the County Attorneys Association have been saying no to the initial proposals of the DJJ. He said the County has had an impact on that and he will continue to discuss that issue during the meeting.
Mr. Applegate stated he will be meeting with the General Council for the Commission on Ethics (COE) on Thursday. He will be doing a joint presentation at the statewide COE Conference in June on baseball and ethics. They will be using the stories he submitted as part of the training. He added he will be meeting with Bobbie Brantley on Thursday afternoon to discuss DJJ, gambling and other things. He commended Assistant County Attorney Arnold Schneider for the work he has done on DJJ and the sales tax agreements. He commended County Engineer Brett Blackadar for his work on the sales tax as well.
Mr. Applegate stated he watched Mr. Hartmann oversee the construction of the largest Public Works project while in Orange County, and he has been blessed to have him as a friend and a colleague. He stated he knows that Wake County is getting the best and he wishes him the best.
Commissioner Horan commended Mr. Hartmann for the tremendous work he has done in this county and stated it has been an honor and pleasure to have worked with him. He said Wake County is getting a tremendous administrator.
Commissioner Constantine thanked Mr. Hartmann for his hard work and effort. He thanked Mr. Hartmann for bringing a lot of good people to the County staff since he has been here.
Commissioner Henley stated he has asked the County Attorney to review all the contracts that the County has regarding SunRail and LYNX as it refers to servicing the stations. The one particular item that he would like staff to review is whether the contracts spell out how the fare box will be distributed once the State steps out, whether that money will stay locally, and whether CSX will continue to rent the tracks from FDOT after the seven years or whether it will come locally to be applied to maintenance.
Commissioner Henley echoed his colleague’s comments with regard to Mr. Hartmann’s stay in Seminole County.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:03 p.m., this same date.