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.
Present:
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.
BUSINESS SPOTLIGHT
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.
Community Services
Business Office
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.
Development Services
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.
Environmental Services
Business Office
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.
Utilities Engineering
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.
Leisure Services
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.
Public Works
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.
Resource Management
Business Office
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.
MSBU Program
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:
Clerk’s Office
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:
Sheriff’s Office
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.
REGULAR AGENDA
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.
PUBLIC
HEARINGS
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.
LEGISLATIVE
UPDATE
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.
CHAIRMAN’S
REPORT
No Report.
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.
ATTEST:_______________________Clerk_____________________Chairman
tp/er