BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 14, 2013
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, May 14, 2013, 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 John Horan (District 2)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Court Maryanne Morse
County Manager James Hartmann
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Father John Bluett, St. Steven’s Catholic Church, Winter Springs, gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt Proclamation, as shown on page _______, proclaiming the week of May 19 through May 25, 2013 as “Emergency Medical Services Week” in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tad Stone, Public Safety Director and Fire Chief Leanna Mims, Public Safety Department, accepted the Proclamation.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt appropriate Resolution #2013-R-131, as shown on page _________, recognizing Thomas E. Johnson for 21 years of service and dedication to Seminole County Government and its citizens, upon his retirement on April 30, 2013 from the Department of Public Safety EMS/Fire Rescue Division.
The Resolution was presented to Chief Mims who accepted on Mr. Johnson’s behalf.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Horan, seconded by Commissioner Carey, to adopt appropriate Resolution #2013-R-134, as shown on page _________, acknowledging Seminole Cultural Arts Council’s Artist of the Year 2013, talented painter, Jeff Sonksen.
The Resolution was presented to Mr. Sonksen along with Seminole Cultural Arts Council Board Members.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, advised that under Public Hearings, staff would like to pull Item #41, Fire Alarm Control Ordinance. It will be re-advertised to a future date.
Commissioner Henley advised he would like Item #17, Agreement with Red Raider Baseball Club, pulled for a separate vote, declaring a conflict of interest.
Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize and approve the following:
County Manager’s Office
Human Resources Division
4. Approve and authorize the Chairman to execute the amended Flexible Spending Account (FSA) Benefit Plan, as shown on page _______, to reflect the new Health FSA maximum expense of $2,500.
Community Assistance Division
5. Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to Agreement with Harvest Time International and Seminole County to adjust service fees for Harvest Time's NEW LEAF Healthy Living Program.
6. Approve and authorize the Chairman to execute the Seminole County Inter-agency Agreements, as shown on page _______, with the City of Altamonte Springs, City of Longwood, City of Oviedo, Seminole County Police Athletic League (PAL), City of Winter Springs, and the School Board of Seminole County providing Summer Day Camp Scholarships which will provide a safe environment and a quality experience for the children of Seminole County utilizing grant funds.
7. Approve and authorize the Chairman to grant approval and signature authority to the Community Services Director for the modified Seminole State College Training Provider Assistance Agreements which will assist eligible low income individuals to obtain job training and necessary skills for employment; Training Provider Agreement, as shown on page _______, for Program Year 2012-2013,
Community Development Division
8. Approve and authorize the Chairman to execute the Seminole County Government HOME/CDBG Program Homeowner Reconstruction Assistance Agreement, as shown on page _______, with Thomas and Betty R. Clark to reconstruct their home due to damage from Tropical Storm Fay.
Economic & Community Development Services
Planning & Development Division
10. Authorize the Chairman to execute a Satisfaction of Lien, as shown on page _______, in the amount of $1,888.91 associated with the property located at 2824 Charmont, Apopka; Tax Parcel #18-21-29-526-0000-0070; filed against Steven Berglund.
11. Authorize the Chairman to execute a Satisfaction of Lien, as shown on page _______, in the amount of $956.61 associated with the property located at 2610 Orange Court, Longwood; Tax Parcel #05-21-29-502-0B00-0470; filed against Alan and Carla C. Andrews.
12. Authorize the release of Performance Bond #070-004-599 in the amount of $64,961.60 for Clayton Crossing, Taylor Morrison of Florida, Inc.
13. Authorize the Chairman to execute the Release of Lien, as shown on page _______, for Case No. 10-36-CEB, on 2824 Charmont Drive, Apopka, Tax Parcel #18-21-29-526-0000-0070, previously owned by Steven A. Berglund and currently owned by Federal National Mortgage Association.
14. Authorize the Chairman to execute the Release of Lien, as shown on page _______, for Case No. 10-37-CEB, on 967 N. Jerico Drive, Casselberry, Tax Parcel #23-21-30-507-0000-0210, previously owned by James C. and Janette M. Barbe and currently owned by U.S. Bank, N.A.
Tourism Development Division
15. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Florida Amateur Softball Association, Inc. in the amount of $6,808.68 for the 2013 ASA Girls State Fast Pitch Softball Tournament to be held June 14-16, 2013.
16. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Gainesville Gold Fast Pitch Softball Association in the amount of $3,916.26 for the 2013 Goldstar Elite College Showcase to be held July 5-7, 2013.
18. Approve and authorize the Chairman to execute a new Tourism Sports Marketing Services Agreement, as shown on page _______, with the Central Florida Sports Commission, Inc. (CFSC) that would provide the CFSC the opportunity to apply for additional Tourist Tax funds specific to an event.
19. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Central Florida Sports Commission, Inc. in the amount of $18,500 for the 2013 AC Milan Florida Cup to be held on June 28-30, 2013.
20. Approve and authorize the Chairman to execute the revised Interlocal Agreement, as shown on page _______, between Orange County, the City of Orlando, and Seminole County regarding Central Florida Urban Search and Rescue Team Consortium.
21. Approve and authorize the Chairman to execute a Purchase Agreement, as shown on page _______, for property necessary for the construction and maintenance of a sidewalk adjacent to Oranole Road.
22. Approve and authorize the Chairman to execute and deliver a letter, as shown on page _______, of support for a TIGER V Grant Application for the Sanford RiverWalk, Phase III Project.
Traffic Engineering Division
23. Approve and authorize the Chairman to execute a Traffic Enforcement Agreement, as shown on page _______, between Seminole County, Seminole County Sheriff's Office, and Alaqua Property Owners Association, Inc. to enforce regulatory signs within the Alaqua Subdivision.
24. Approve and authorize the County Manager to execute a Grant Agreement, as shown on page _______, with the State of Florida Department of Environmental Protection through their Recreational Trails Program, Fiscal Year 2012-2013, for the Seminole Wekiva Trail Resurfacing and Trailhead Improvements project; and approve and authorize the Chairman to execute appropriate Resolution, #2013-R-135, as shown on page _______, implementing Budget Amendment Request (BAR) #13-075 in the amount of $110,648 to establish the project, appropriate the grant funds, and allocate 50% grant match from various fund reserves for a total project cost of $221,296.
Budget and Fiscal Management Division
25. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-136, as shown on page _______, implementing Budget Amendment Request (BAR) #13-077 through the General Fund to establish budget for the purchase of a storage unit in the amount of $7,923 at Soldiers Creek Park, Project #70000021W.
26. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-137, as shown on page _______, implementing Budget Amendment Request (BAR) #13-078 through the MSBU Solid Waste, the Street-lighting and the MSBU Program Funds in the amount of $150,000, in order to increase the budgeted transfer from the MSBU Solid Waste and Street-lighting Funds to the MSBU Program Fund.
27. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-138, as shown on page _______, implementing Budget Amendment Request (BAR) #13-079 in the amount of ($521,000) through the General and HOME Program Funds to reverse previously approved BAR #13-070 and increase HOME funding to reflect the effect of releasing previously established retainage.
28. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-139, as shown on page _______, implementing Budget Amendment Request (BAR) #13-080 through the MSBU Program and Water Connection Fee Funds in the amount of $99,596 in order to reimburse the Environmental Services Department for funds expended for the Woodmere Drive Water Utility Service MSBU project.
29. Approve request to Schedule and Advertise a Public Hearing for the purpose of adopting the 2013 Non-Ad Valorem Assessment Roll.
30. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-140, as shown on page ______, establishing the Annual MSBU Non-Ad Valorem Assessment Rates for 2013.
Purchasing & Contracts Division
31. Approve Change Order #1, as shown on page _______, to CC-8019-12/JVP, CST Gee Creek Bridge Repair with Seig & Sons, Inc., Deland, in the amount of $22,967.18; add an additional fourteen (14) calendar days to Substantial Completion; and authorize Purchasing & Contracts Division to execute the Change Order.
32. Award CC-8481-13/DRR, as shown on page _______, Heathrow Well Field Redirect to Markham Regional Water Treatment Plant Construction Services Agreement in the amount of $4,234,160 to TB Landmark Construction, Inc., Jacksonville; and authorize the Purchasing & Contracts Division to execute the Agreement.
33. Approve Work Order #51, as shown on page _______, for the Lake Mary Boulevard at Sun Drive Project under PS-4388-09/VFT, Design of Minor Projects with Construction Cost Less than $1M, with Inwood Consulting Engineers, Inc., Oviedo, in the amount of $176,506.11; and authorize the Purchasing & Contracts Division to execute the Work Order.
34. Approve ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-8286-13/JVP, for Miscellaneous Capacity and Safety Improvements (Estimated Annual Usage of $200,000).
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to approve an Agreement with Red Raider Baseball Club in the amount of $58,499.40, presented. Commissioner Carey questioned the maximum allowable amount of the grant per event.
Danny Trosset, Interim Tourism Division Manager, addressed the Board to explain that several years ago, the Tourism Development Council (TDC) set a threshold amount of $25,000 per event. The grant total of $58,499.40 is for two events, which is why it was added to the agenda because it needs a special recommendation from the Board to exceed that amount per event. Commissioner Carey said it is helpful when deviating from the standard to have all the facts and figures about the benefit of it so the Board and the public understand why they would make an exception to rules that have been set by the TDC. Mr. Trosset said he will provide the economic impact information to Commissioner Carey and will ensure it is included in future agenda items.
Commissioner Horan questioned, for the record, how many people are anticipated. Mr. Trosset advised that each event is estimated to bring in at least 200 teams, and both events are taking place in the summertime, which are slower months. The estimated room nights for each event is 2,000; therefore, 4,000 total room nights are the guaranteed minimum under the agreement. Commissioner Horan opined that it is a very large event.
Motion by Commissioner Horan, seconded by Commissioner Carey, to approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Red Raider Baseball Club in the amount of $58,499.40 for two youth baseball events: The Greater Orlando World Series ($29,249.70) to be held on June 19-23, 2013; and the Greater Southeast USA World Series ($29,249.70) to be held July 24-28, 2013.
Commissioner Henley abstained from voting and filed a Memorandum of Voting Conflict Form, as shown on page _______.
Districts 1, 2, 3 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve and authorize the following:
35. Expenditure Approval Lists, as shown on page _______, dated April 1, 8, and 15, 2013; and Payroll Approval List, as shown on page _______, dated April 11, 2013; approval of the BCC Official Minutes dated March 26 and April 9, 2013; and noting, for information only, the following Clerk's "Received and Filed":
1. RFQ-601679-13, as shown on page _______, Consultant Services Agreement, Sports & Properties, Inc.
2. Work Order #8, as shown on page _______, to RFP-8312-12.
3. Work Orders #9, #10, #11, #12 and #13, as shown on page _______, to RFP-8312-12.
4. Change Order #2, as shown on page _______, to Work Order #4 to RFQ-5888-10.
5. Recorded Warranty Deed, as shown on page _______, for Robbi Mermel granting property to Seminole County.
6. Warranty Deed and Affidavit, as shown on page _______, for American Land Investments of Deleon, LLC granting property to Seminole County.
7. Addendum #1, as shown on page _______, to Vantage Point PCD Developer’s Commitment Agreement.
8. Utility Agreements, as shown on page _______, for water and sewer services with TPA Realty Services, LLC for the project known as Colonial Heathrow Parcel 3 Office Building.
9. Audit Report prepared by Maryanne Morse, Clerk of Circuit Court, for public service taxes collected relating to propane gas.
10. Audit Report prepared by Maryanne Morse, Clerk of Circuit Court, for the U.S. Highway 17-92 Community Redevelopment Agency (CRA) Program.
11. IFB-601635-13, as shown on page _______, Term Contracts for Advanced Video Group, Inc.; Control Technologies, Inc.; Express Supply, Inc.; Wisetech Solutions, Inc.; and Naztec, Inc. d/b/a/ Trafficware.
12. Work Order #15, as shown on page _______, to RFP-3261-08.
13. Amendment #3, as shown on page _______, to Work Order #7 to RFP-5706-10.
14. Closeout, as shown on page _______, for CC-7614-12.
15. Work Order #10, as shown on page _______, to RFP-5706-10.
16. Closeout, as shown on page _______, for Work Order #12 to CC-5075-10.
17. Audit Report prepared by Maryanne Morse, Clerk of Circuit Court, for Administrative Controls over Purchasing Cards.
18. Work Order #11, as shown on page _______, to RFP-5706-10.
19. First Amendment, as shown on page _______, to IFB-600844-11.
20. Second Amendment, as shown on page _______, to CC-7661-12.
21. IFB-601656-13, as shown on page _______, Term Contract, Bound Tree Medical, LLC.
22. Performance Bond #1020567, as shown on page _______, in the amount of $306,681.65 for the project known as Versailles, per final plat approval on April 9, 2013.
23. Satisfaction of Mortgage and Release of Restrictive Use Covenant, as shown on page _______, for Florida Superior Properties Economic Community Services, Inc. (SPECS) relating to property located at 550 N. Palmetto Ave.
24. Closeout, as shown on page _______, for CC-6893-11.
25. Release of Lien and copies of Perpetual Easements, as shown on page _______, for Code Enforcement Case #99-28A-CEB, Benjamin F. and Ethel M. Bullard, as approved by the BCC on March 12, 2013.
26. Amendment #1, as shown on page _______, to Work Order #1 to PS-6980-11.
27. Tennis Developmental Instructor Agreement, as shown on page _______, for Heather Walton.
28. Contract for Services, as shown on page _______, for Jason Tape.
29. Work Orders #1 and #2, as shown on page _______, to PS-8072-12.
30. Fully Executed Grant Award, as shown on page _______, from the Division of Emergency Management through the FY 2012 Homeland Security Grant Program, as approved by the BCC on December 11, 2012.
31. Change Order #5, as shown on page _______, to CC-6600-11.
32. Second Amendment, as shown on page _______, to IFB-601448-12.
33. Second Amendment, as shown on page _______, to IFB-600824-10.
34. Fifth Amendment, as shown on page _______, to IFB-600855-10.
35. Cancelled Bond from BB&T, as shown on page _______, for the $20,125,000 Capital Improvement Revenue Bond Series 2010.
36. Letter to Derek E. Bruce, Esq., Gunster Law Firm, from Arnold Schneider, Assistant County Attorney, relating to a Resolution Agreement with Miller Construction Services, LLC for Neighborhood Stabilization Program (NSP) services rendered.
37. Fully executed Memorandum of Agreement, as shown on page _______, with the Florida Department of State and the Seminole County Supervisor of Elections for the Federal Election Activities Grant, as approved by the BCC on October 23, 2012.
38. Third Amendment, as shown on page _______, to IFB-600940-10.
39. Third Amendment and Restated Developer’s Commitment Agreement, as shown on page _______, for Silverleaf Park PD.
40. Bear Lake Road PD Developer’s Commitment Agreement, as shown on page _______.
41. Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for Alafaya & Carrigan 2, LLC for the project known as Pep Boys.
42. Bill of Sale, as shown on page _______, accepting water system for the project known as Brooks Cove.
43. Maintenance Bond #59BCSFV0555, as shown on page ______, for water and sewer facilities for the project known as Brooks Cove in the amount of $23,484.87.
44. Rider changing Bond number to 59BSBGL9794, as shown on page _______, for the project known as Brooks Cove in the amount of $23,484.87
45. Work Order #104, as shown on page _______, to PS-5120-02.
46. Contracts for Services, as shown on page _______, for Mark Thaens and David D. Mease, Jr.
47. South Seminole & North Orange County Wastewater Transmission Authority Public Facilities Report 2012, Board Meeting Schedule 2013-2014, and the Audited Financial Statements for Fiscal Year ended September 30, 2012.
48. Transcripts of closing documents, as shown on page _______, for the Seminole County, Florida Capital Improvement Revenue Bond, Series 2013A ($10,000,000) and Seminole County, Florida Capital Improvement Revenue Bond, Series 2013B ($8,140,000) submitted by Nabors Giblin & Nickerson, Attorneys at Law.
49. Work Order #53, as shown on page _______, to PS-4388-09.
50. Amendment #1, as shown on page _______, to Work Order #9 to RFP-7423-12.
51. Amendment #1, as shown on page _______, to Work Order #8 to PS-4736-09.
52. Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for Alafaya & Carrigan, LLC, Vacant Lot 3.
53. Bids as follows: IFB-601586-12; PS-8286-13; CD for CC-8267-13; RFQ-601700-13; IFB-601656-13; and IFB-601699-13.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize the following:
36. Expend $2,500 from the Law Enforcement Trust Fund for a contribution to the Seminole County NAACP to provide funding in support of their youth crime prevention and education programs.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Hartmann presented request to approve Item #37, Sports Complex Acquisition of Property, and Item #38, Delivery Method for the Design and Construction of the Sports Complex Facility. He advised that both of these items work together. He stated that Mr. Forte served as the lead negotiator in the acquisition, and that staff has three presentations for the Board on these items.
Joe Forte, Deputy County Manager, addressed the Board to present a request to approve the Contract for Sale and Purchase of Land, identified as the Kirchhoff property, for the purpose of building a Sports Complex. He stated the property is located on East Lake Mary Boulevard and the purchase price is $7.4 million. The feasibility period for this contract expires on May 30th, which is the time they will complete due diligence. The closing will happen 15 days after the delivery of the zoning and Comp Plan changes. He further advised that the sellers are in the process of going through the Zoning and Comp Plan Amendments, and that part of the rezoning is to change from Agricultural to the City’s Parks, Recreational and Open Space.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize the Chairman to execute Contract for Sale and Purchase of Land, as shown on page _______, with William E. Kirchhoff and Nixie Coleman as Co-Trustees of the William E. Kirchhoff, Jr. Revocable Trust; Airport Industrial Partners, LLC; and Strategic Acquisitions Corp., for the purpose of building a Sports Complex, with a purchase price of $7,400,000.
Under discussion, Commissioner Henley stated he wanted to make a comment on the record in regard to the purchase of this property. He reported that the public radio station WMFE has a segment where four citizens from within the County express their viewpoints on certain issues. Recently, one of the spokespersons pointed out there has been a sign near the airport for a long time advertising a spot for a potential future hotel. This person commented that this selection was made in order to benefit someone because there are no hotels located there. Commissioner Henley stated he wants the public to know that this Board has been looking at sites for well over a year, and they were very limited in Seminole County as to the number and size of sites that the Sports Complex requires. It was done solely on the basis that there were 100 acres available at a reasonable price and its location is on a major road with quick access to SR 46, Ronald Reagan Boulevard and others. He added that it is not far from the hotels. He concluded stating the selection of the site has absolutely nothing to do with trying to benefit any one individual.
Commissioner Constantine advised that for reasons stated previously, as well as the fact that he believes the price is high for the location, he will be voting against the motion.
Commission Carey requested that Mr. Forte address the facts of the appraisals for the record.
Mr. Forte stated that one of the appraisals, received in December by the Sellers, was $8.3 million, and an appraisal done by the County, also in December, was $6.8 million. They negotiated the contract price down from $7.5 million to $7.4 million. During that period, a third appraisal came back at $7.7 million. The contract price is slightly below the third appraisal which was done two weeks ago. Upon Commissioner Carey’s request, Mr. Forte explained they started by looking at a piece of property near Winter Springs and then moved to several other properties. They looked at Yankee Lake and at properties on I-4. Staff from the Leisure Services Department and the Planning Department evaluated about 35 to 40 properties, and through their analysis, they narrowed that down to ultimately 5 properties that went to the Board last year around December. That was narrowed down to three properties; one was taken off the market because it was sold. The remaining two were debated; and a property which is now on I-4 was added and then ruled out. He said it has been a long arduous process, but they believe they are in the process of purchasing the best property at this time for the Sports Complex.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Constantine voted NAY.
Mr. Hartmann explained they will present some of the financing options for the development of the Sports Complex site as well as a staff recommendation on which financial accounts to use for the actual purchase of the property when they close later this year.
Mr. Hartmann reviewed the first slide of a PowerPoint presentation (copy received and filed), Cash Purchase of Land, reviewing total cash reserves available of $10.9 million that could be used for the Sports Complex property purchase and a future land purchase. Commissioner Carey confirmed that the $2.5 million in reserves remaining after using $7.4 million for the Sports Complex and another million for a future land purchase will stay in the Tourist Development line as reserves. She then reviewed the history of where the $10.9 million in reserves came from and explained it was really to assemble the Five Points property as they move forward with the Master Plan. Commissioner Carey stated that as long as they have the funds allocated to complete that task, then she is fine with moving forward with the Sports Complex. Mr. Hartman advised that they do have the funds.
Angela Singleton, Resource Management, addressed the Board to present the remainder of the PowerPoint presentation and reviewed Long Term Financing Options for Construction/Development; Tourist Development Tax Revenue; and a Summary of Sports Complex Financing Options including Bank Loan and Bond Issue details. Ms. Singleton advised if they want to finance the Soldiers Creek project by itself, it would cost approximately $8 million and she detailed those options. She stated that it would be a $28 million project if financing the Sports Complex and Soldiers Creek together and reviewed those details. She concluded her presentation by reviewing Considerations and Recommendations.
Commissioner Carey pointed out that the last time they went for a rating before the bond agencies, they were able to keep the rating because of the sales tax and other things they had in place at the time. She cautioned that they do not have a sales tax in place right now and she would be hesitant to go before the bond agencies and do another rating exercise until they know what the outcome of that is going to be. Some of the things they heard when they were at the rating agencies were that they should talk to them more often and invite them to the community. She said she believes they should go before these rating agencies probably sometime in the latter part of next year; and because of that scenario, she believes they are better off obtaining a bank loan for these particular projects.
Commissioner Carey stated that Soldiers Creek has been in need of a major renovation for a number of years and before embarking on a single project and building a new facility, they need to take care of the projects they already have. She said she is in favor of doing both projects and financing both of them together.
Discussion ensued regarding the details of the bank loan for the Sports Complex, Soldiers Creek and for financing both. Commissioner Carey stated the availability of their debt service coverage is slightly less than the debt service figures shown. She questioned whether the difference would be made up from the General Fund. Mr. Hartmann responded that is an option and he reiterated staff’s final recommendation, both of them with a 30—year bond issue. However, he said if they want to utilize the bank loan now, they could incorporate the funding for the design of Soldiers Creek in with the design/build of the Sports Complex. They could then determine another financing source for Soldiers Creek after the design, which would keep both projects moving forward together at the same time.
Chairman Dallari stated he believes that both projects need to be done together.
Commissioner Henley stated he supports Mr. Hartmann’s suggestion because they never intended to take Soldiers Creek down until they had a place for those activities to go, and they will gain time by doing the design along with the Sports Complex.
Mr. Hartmann confirmed that from a construction sequencing point, after the new Sports Complex is developed, then those that had been using Soldiers Creek fields can use the new fields at the Sports Complex while Solder’s Creek is being reconstructed.
Commissioner Horan inquired how sequencing the two projects in order to have available facilities will affect the financing of them. Upon Ms. Singleton’s response, Commissioner Horan confirmed that the financing issue would be nothing more than an accounting reconciliation and therefore is not really an issue.
Upon inquiry by Commissioner Horan, Gary Akers, First Southwest Company, addressed the Board to state if they finance $20 million for the Sports Complex, they have sufficient money to finance on a 20-year basis with a bank loan. If they do that and come back later to put the two projects together with the bank loans, that would exceed the $1.6 million revenue capacity, so the timing of expending funds on these projects is important. The expectation from a tax standpoint is that you have 36 months to spend that money, so when they start on it is important. In addition, there are some concerns in the market now about interest rates going up, so he suggested the Board keep that in mind as far as timing and financing.
Upon inquiry by Commissioner Carey, Mr. Akers advised, in regard to getting a longer term bank loan, the banks will do 20-year financing but they do not want to fix that interest rate beyond that. Upon further inquiry, Mr. Akers replied they try to get the bank loan without a prepayment penalty; however, it is likely there may be a three- to five-year period where you cannot prepay it.
Discussion ensued regarding the logistics of moving forward with one project or with both projects. Commissioner Henley clarified that they would be financing solely the cost of the design of Soldiers Creek. The construction cost would be financed separately.
Mr. Hartmann recommended staff bring something back at the next meeting that will clarify the options with details on the sequencing and financing.
Commissioner Horan commented that in the present environment, he would rather borrow too much than too little and have to make it up with cash later on.
Upon inquiry by Commissioner Horan, Mr. Akers stated he believes neither of the two best alternatives that they used last time, Bank of America Capital Corporation and SunTrust Leasing, would finance for 20 years.
Brett Blackadar, County Engineer, addressed the Board to present the request that the Board select one of three options for the design and construction of the proposed Sports Complex Facility. He stated the project delivery of the Sports Complex will be a joint effort between the Public Works department’s Engineering Division and Leisure Services department. He informed them that Bob Walter, Engineering, will be the Project Manager.
Mr. Blackadar reviewed the Seminole County Proposed Sports Complex – Project Delivery of Methods Comparison chart. He advised that staff’s recommendation is the Design-Build project delivery method, which has the shortest duration and is the most common for this type of sports complex based on their research. They plan to bring to the Board on June 25, after the consultant’s report is completed, a scope for approval with a recommendation for the number of fields, types of fields, and types of other facilities. They will then be able to advertise the first phase of the Design-Build in July.
Discussion ensued regarding the timing of the receipt of the consultant’s report. If there is sufficient time after the report is received, staff will bring the scope back to the Board at the second meeting in June. Chairman Dallari stated if more time is needed, they will push it back to July.
Upon inquiry by Commissioner Horan, Mr. Blackadar explained that the consultant is looking at significant facilities across the nation and making recommendations based on those facilities of what has been successful, but the development of the scope will be done by staff.
Joe Abel, Leisure Services Director, advised the consultant firm is looking at four comparable facilities across the United States as to what their design is, what their management is, and how they are being run. The consultant is also meeting with sanctioning bodies that would be bringing events to this venue and putting together a pro forma over a five- and ten-year period of time. He stated that it will help staff be very specific in the details of the scope of services that will be put out for bid.
Commissioner Horan stated it is important for the Engineers and the Leisure Services people here to be communicating really well in order to give a solid design specification to the design builder. Mr. Abel stated they want to be very specific in the scope of services and have gotten some really good feedback from the United States Specialty Sports Association (USSSA), baseball, softball, lacrosse, and soccer folks, both at the statewide and national level, which the consultant will be using to put the report together. Commissioner Horan said the better the performance spec, the better the RFP is, and the better performance they will get out of the design builder.
Commissioner Carey stated they have talked about having multi-purpose fields at this facility as well and reiterated it is going to be critical they have the right scope with the right details for the facilities that is needed as a community. She said she wants to ensure that they have time to digest all of it before it gets into the hands of the design builder.
COUNTY MANAGER AND STAFF BRIEFINGS
FDOT Conduit Financing
Mr. Hartmann presented a request from the Florida Department of Transportation (FDOT) for assistance with some conduit financing for the rebuilding of I-4. He stated that on April 11, they met with District 5 Secretary Noranne Downs and her staff and received a presentation on the possibility of the issuance of private activity bonds for this financial assistance. After that discussion, they got an opinion from bond counsel which has been provided to the Board. They talked to financial advisors and had a meeting with the Clerk of the Court. Mr. Hartmann stated they are proposing the adoption of a Memorandum of Understanding (MOU) drafted by the County Attorney’s office between Seminole County, Orange County and the City of Orlando, which basically sets up the intent to establish an authority to be the issuer of the bonds. Staff is in support of this and it has been reviewed by all parties.
Noranne Downs, FDOT District 5 Secretary, addressed the Board to give a brief overview of the I-4 project. She stated it is about 21 miles long, from SR 434 in Seminole County to Kirkman Road in Orange County. The existing general-use lanes will be moved out and the auxiliary lanes will be improved. There will be four new lanes in the middle of I-4 which will be variable tolled to guarantee the time it takes to get in and out of Orlando. It is proven technology and does well in California and Miami. The cost is about $2.1 billion and FDOT has just over $1 billion. They plan to have a public-private partnership (P3). They have seven highly skilled and interested teams that have already put in their letters of interest and they plan to have a short list next week with three or four firms. They will give a price for an availability payment. This will be a design, build, finance, operate and maintain project. For over 30-35 years, they will be given milestone payments. The construction time will be anywhere from four years to seven years. They plan to have SunRail up and running by May 1, 2014 and then signing the deal for I-4 in the fall of 2014; construction will start several months after that.
Chairman Dallari stated I-4 is a project that must happen. He said he believes the funding mechanism is critical to get the best price for the region. He is in support of the MOU.
Commissioner Horan echoed Chairman Dallari’s comments and stated there are two templates for a P3 project like this in Broward and Dade Counties. Upon inquiry by Commissioner Horan regarding whether the P3 agreement on the multi-functions for the concessionaire is one agreement, Ms. Downs stated it was. She also mentioned that the two projects in South Florida are on time and under budget.
Frank O’Dea, FDOT Director of Transportation Development, addressed the Board to state the P3 they are envisioning is one agreement. He explained the concessionaire will have a Chief Engineer as well as Chief Contractor. They will also have an operations, maintenance and financing component. They are currently reviewing the technical and financial capabilities of the seven teams that have submitted their qualifications.
Upon inquiry by Commissioner Horan, Mr. O’Dea stated that the project for I-595 in South Florida is a good model; similar to what they will be doing for I-4; however, this scope is more than double the size. Upon further inquiry, Mr. O’Dea stated the experts they have assisting them include KPMG and Nossaman, LLP, a legal consultant out of California who helped them on both of the other projects as well.
Commissioner Carey pointed out that these funds are allocated by Congress, $15 billion, and she believes half of them have been allocated.
Upon inquiry by Commissioner Carey, Julie Adamson, FDOT Public-Private Partnership Coordinator, addressed the Board to confirm that this $1.5 billion would be an option. Upon further inquiry, Ms. Adamson stated if Seminole County takes the lead on this, there is no financial obligation on behalf of the County; costs will be reimbursed through the concessionaire when the bonds are issued. The obligation from Seminole County would be to help facilitate the passing of an inducement resolution essentially authorizing up to a certain amount of bonds being issued for the project. There will also need to be a draft bond opinion letter that will be submitted for the application resolution. Further, she advised they could still move forward if they had only two participants.
Chairman Dallari advised that Mr. Hartmann is having discussions with the City of Orlando and Orange County. Commissioner Carey stated she believes they should all have those discussions because they are so impacted in this County on I-4, not so much by their residents, but by people coming from Volusia County trying to get to Orange County to go to work. She believes this is the right thing to do for the public and supports the idea.
Motion by Commissioner Horan, seconded by Commissioner Henley, to approve and authorize the Chairman to execute the Memorandum of Understanding, as shown on page _______, with Orange County and the City of Orlando pertaining to the FDOT Proposed I-4 Express Expansion Program.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 10:45 a.m.; reconvening at 10:55 a.m.
Chairman Dallari advised that the County’s State Lobbyist, Bobby Brantley, is in attendance.
Nicole Guillet, Economic and Community Development Services Director, addressed the Board to give a brief status report on legislative issues. She stated that the Board received an up-to-the-minute summary from Ms. Sanchez de Fuentes. They are working on a more involved report covering legislation that passed, anything that might affect Seminole County, and identifying action items. Upon inquiry by Chairman Dallari, Ms. Guillet advised they will have the report by the first part of next week. She stated they have been working more closely this year with the department heads and that this will be a guide for them as they move forward and as legislation gets implemented.
Ms. Guillet advised the Agritourism bill has passed. She explained that the definition of Agritourism is very broad and they are preempted from regulating that. It has to be an activity associated with a bona fide agricultural use, so there is some limitation on the scope but that is something they will have to deal with on a case-by-case basis. They will keep the Board informed. Ms. Guillet indicated the Expressway Authority bill did not make it through this time.
With regard to Environmental Permitting, HB 999, Ms. Guillet reported the language relative to preemption on local fertilizer ordinances was removed at the last minute, as was the preemption for local regulation of wetlands and existing water authorities. Some language relative to Development Review did stay in the bill and it is very specific to local governments. It dictates how many times they can ask for additional information, but based on the processes here, she said she doesn’t think it will have a real negative impact because they are pretty efficient. The applicant does have the opportunity after three reviews to say they want to go forward. She believes they will be able to work within those parameters pretty well.
Commissioner Constantine questioned whether there will be a lot of unintended consequences in which some counties and cities will just hold up development as opposed to making this more accessible, because they know they only have a couple and they are going to be slower at responding. Ms. Guillet stated the applicant can force the application to go forward and if staff doesn’t feel it has enough information, they will probably go forth with a recommendation to deny and then have to start over again. The applicant has the option to waive that. She stated she is not all that concerned here in Seminole County.
With regard to the E-911 fees and lifting the moratorium on prepaid cell cards, Ms. Guillet stated that bill died so they didn’t get the lift on the moratorium.
Ms. Guillet stated they were concerned about the State-owned Land bill, which was going to require they do an inventory. There was another bill out there that was going to require that in order to buy land, they had to sell land. That bill failed. The State-owned Land bill passed, but the provision that required local governments to do an inventory was taken out, so that was a win for local government.
Olga Sanchez de Fuentes, Assistant County Attorney, addressed the Board regarding Medicaid. She said the appropriations-conforming bill, SB 1520, passed and it was a negotiated compromise between the two Chambers. The schematic now is changing the billing formula from actual cost to enrollment-based, and there is a seven-year transition. In years one through two, it sets a total county contribution to $269.6 million for FY 2013-2014 and $277 million for FY 2014-2015. In years three through seven, it transitions counties to the enrollment-based formula and it grows the base by 50% of growth in the state Medicare expenditures through FY 2020, thereafter, the base cost is 100% of the growth of State Medicaid. She summarized by saying the base is $269.6 million; then the percentages per county are allocated from that base. The second year, the base will go up to $277 million. This figure comes from the actual cost of FY 2012-2013, where they are still in a billing relationship with the State, so it is from those numbers.
Upon inquiry by Commissioner Carey, Ms. Sanchez de Fuentes advised the percentage is based on enrollee population.
Chairman Dallari questioned whether the State audits medical charts. Ms. Sanchez de Fuentes advised the Agency for Health Care Administration (AHCA) does audits as to abuses; they do data mining; and depending upon the provider, if they see something is out of the ordinary. She stated she would get the percentage of sampling the AHCA is actually doing per Chairman Dallari’s request. She stated it is through AHCA and they coordinate with the Office of the Attorney General who has a special Medicaid fraud unit for prosecution of what AHCA and the State discover.
Commissioner Carey stated that the issue isn’t necessarily fraud; the issue is an error where somebody doesn’t live in this county, they live in another county, go to the hospital in this county, and when it’s a Medicaid claim, this County gets the bill for it. So it isn’t that someone is being fraudulent about it. The big issue all along is accuracy of the billing and making sure that the numbers are correct. Upon inquiry by Commissioner Carey whether there is going to be a special session, Ms. Sanchez de Fuentes said during the first two years of implementation of this program, AHCA is going to give data to the Governor, Florida Association of Counties (FAC), and different representatives, and they are going to try to figure out how to look at that enrollment data and be able to dispute it because that is a remaining issue. Right now the way the law is drawn up there isn’t a way in year three through seven to dispute enrollment numbers. She stated they are going to create a system in those first two years, according to the data, and hopefully present something for year three where they won’t be in this situation.
Upon inquiry by Commissioner Horan, Ms. Guillet advised at the end of this year, they will start moving long-term care to a management care environment and then move the broader base which is low income; it is a two-part process. It is supposed to be fully implemented by 2015.
Commissioner Horan expressed his appreciation to Ms. Guillet and Ms. Sanchez de Fuentes for the excellent job they do of keeping track of the legislative issues.
Commissioner Horan questioned, based upon the bill, what the County’s share will be. Ms. Sanchez de Fuentes stated she shows $4,689,000 for FY 2013-2014. Commissioner Horan stated the budgeted amount for their Medicaid cost will be about the same as last year for at least the next two years. Ms. Sanchez de Fuentes stated $4.6 million is what the projected amount is through FY 2019-2020.
Ms. Sanchez de Fuentes stated SB 2 passed, the comprehensive reform bill which mandates training, addresses dual public employment and financial disclosure filings and complaints. FAC is trying to get their class certified through the Commission on Ethics, so the Commissioners can be certified in-house.
Ms. Sanchez de Fuentes advised the following bills passed: CS/HB 7013, an omnibus Election Administration bill that addresses early voting days, hours, and early sites and ballot length; the Public Meetings bill which requires members of the public be given an opportunity to be heard on any proposition, but the bill does not define what a proposition exactly is; Disposition of Human Remains which clarifies and updates statutes relating to unclaimed and indigent burials and provides that counties may adopt policies and procedures for the final disposition of unclaimed human remains; Manufacturing and Equipment Sales Tax Exemption, one of the Governor’s top priorities, which eliminates sales tax for certain business purchases of industrial machinery and equipment; and the Family or Medical Leave Benefits, HB 655, a preemption bill which prohibits counties from requiring or otherwise regulating employee leave benefits beyond county employees and contractors. This proposal also sets up a task force to recommend a statewide policy. In addition, the Controlled Substances bill passed which expands Schedule I of the controlled substances registered to include 22 new formulas of synthetic drugs. The Campaign Finance Activities bill passed that raises contribution limits from $500 to $3,000 for statewide candidates and from $500 to $1,000 for legislative and local candidates passed. It requires 24-hour disclosure of contributions and expenditures in the final days of State-level campaigns and streamlines independent committees by eliminating Committees of Continuous Existence (CCE). It also creates a statewide campaign finance database.
With regard to the Campaign Finance bill, Commissioner Constantine wanted to clarify that they eliminated CCE’s, but replaced it with something else. Ms. Sanchez de Fuentes stated she would look into it.
Chairman Dallari thanked staff for working on the legislative issues and for the briefing.
Bobby Brantley, Lobbyist, addressed the Board to publicly thank Senator Simmons’ office. He stated in regard to the Transportation Authority bill, Senator Simmons’ office worked with them night and day and virtually made every change requested to the original bill. The bill ultimately was attached to the major transportation bill, and just before the Senate sent it over to the House, they added the language that would give $350 million to renovate the Dolphin Stadium in Miami. All session, the House has stated their opposition to doing that, so it killed a major transportation package by putting that language in it, but he said that Senator Simmons was a pleasure to work with on this and he deserves thanks for all he did.
COUNTY ATTORNEY’S REPORT
Bryant Applegate, County Attorney, advised that he sent a memo out concerning the Putnam County Environmental Council’s appeal; the 2005 Water Plan was denied by the Florida Land and Water Adjudicatory Commission. The only option left for them would be an appeal to the First District Court of Appeal (DCA). He stated he keep the Board posted on that.
Mr. Applegate advised that they are about to send out a rather comprehensive memo on Medicaid and Auditing and they will be getting that hopefully tomorrow at the latest.
Chairman Dallari reminded everyone that there are two Work Sessions in Conference Room 3024 regarding Soldiers Creek Nutrient Reduction Facility and Lake Jesup Phase II Seepage Update beginning at 11:30 a.m.
Chairman Dallari recessed the meeting at 11:15 a.m.; reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari announced they will be honoring the Oviedo High School Navy Junior ROTC Marksmanship Team later this afternoon.
ORDINANCE/FIRE ALARM CONTROL (Continued)
Continuation of a public hearing to consider a request to create a new section within the Seminole County Code regulating fire alarm systems, as described in the proof of publication.
County Attorney Bryant Applegate advised that this Ordinance will be re-advertised and set for a future date.
Upon inquiry by Chairman Dallari, Mr. Applegate stated that no motion was needed to continue the matter.
No one spoke in support or in opposition of the continuance.
4982 COURTLAND LOOP BOAT DOCK/Renea Anderson
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to approve a 1,389-square-foot boat dock on Lake Tuscawilla, on property located on the west side of Courtland Loop, approximately 1,110 feet west of Tuskawilla Road, more particularly known as 4982 Courtland Loop, Renea Anderson, received and filed.
Bill Wharton, Planning and Development Division, addressed the Board to present a request to remove an existing 744-square-foot boat dock, which is in disrepair, and construct a new 1,389-square-foot boat dock in the same location as the existing dock.
Mr. Wharton explained that the Land Development Code requires several issues be considered prior to the approval of the dock. These issues address the minimization of turbidity during construction, the possible effects on the lake’s water quality and wildlife, possible effects on all property owners fronting the lake, public health and safety, recommendations of other agencies and possible effects of safe navigation on the lake. He noted that each of these issues is addressed in the staff report. Mr. Wharton stated that staff is recommending approval of this request.
Sheila Cichra, Albert Cichra Builders, addressed the Board on behalf of the applicant to state they did not expect any problems with any of the adjacent property owners until they put the placard up and then they got a little bit of feedback. She explained that the proposed structure is not that much larger than the structure that is being removed. She noted that the parcel that the structure is being built on is rather large and has approximately 200 feet of shoreline.
No one spoke in support or in opposition.
Motion by Commissioner Horan, seconded by Commissioner Carey, to approve a 1,389-square-foot boat dock on Lake Tuscawilla, on property located on the west side of Courtland Loop, approximately 1,110 feet west of Tuskawilla Road, more particularly known as 4982 Courtland Loop, as described in the proof of publication, Renea Anderson; Development Order, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
SAVANNAH PARK PD MAJOR AMENDMENT AND REZONE/Scott Architects
Proof of publication, as shown on page ________, calling for a public hearing to consider a request for a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development) for 9.85 acres, located on the west side of International Parkway, between Wilson Road and Wayside Drive, Scott Architects, received and filed.
Kathy Hammel, Planning and Development Division, addressed the Board to present the request for rezoning from PD (Planned Development) to PD (Planned Development). Ms. Hammel gave a brief history of the development. She stated that the applicant is requesting a Major Amendment to the Mixed-Use portion of the PD to allow for an increase in the residential density (from 60 units to 138 units) and to also include a reduction of the retail/office from 92,702 square feet to 51,410 square feet. The proposed amendment does meet all of the parking requirements. Ms. Hammel explained how the proposed amendment changes the mixed use from vertical (mixed use within a building) to horizontal (one use within each building). The Planning & Zoning Commission recommended approval. She stated that staff is recommending the BCC adopt an ordinance to rezone the property from PD to PD and approve the associated Master Development Plan and Development Order. She noted that there is a correction in the Addendum that will be made before execution referencing the wrong Development Order.
Commissioner Carey requested clarification from Ms. Hammel regarding the original approval in 2004. She stated as she read the minutes from the P&Z meeting, there were comments made by residents who now live in the townhomes that were opposed to multifamily being in the middle. Ms. Hammel confirmed this development always had multifamily in it.
John DiGiovanni, Inland Atlantic Development, addressed the Board on behalf of the applicants to state he is a member of the partnership group that currently owns the property in question. Mr. DiGiovanni discussed current economic conditions and stated they have learned through experience that vertical mixed use is problematic and has not been successful over a period of time as compared to horizontal mixed use.
Mr. DiGiovanni displayed the Conceptual Site Plan (received and filed) and stated their intention is to maintain a mixed-use development, which they have done. He explained how they have now consolidated the residential to the rear of the site in the sales building to give them 138 units, which from an economic basis is a minimal threshold. Mr. DiGiovanni continued his presentation by discussing two office buildings, Building F and Building E, and additional retail space on the front of the parcel which faces International Parkway. He noted that Scott and Kelly Ryan, the owners of Building F, were previously in opposition of the plan but are now supportive of the plan and working in concert with him to achieve the zoning change. Mr. DiGiovanni discussed the reduction of commercial space as opposed to the increase in residential space.
Mr. DiGiovanni stated he has been working with the Homeowners Association concerning their opposition and has reached an agreement. He submitted a Letter of No Opposition (received and filed) from the Association. Upon inquiry by Commissioner Carey, Mr. DiGiovanni stated the letter was from the Ashton Woods Homeowners Association.
Mr. DiGiovanni discussed how his company intends to build a "Class A" three-story product and described the people he believes the product will serve. He described the amenities and pointed out on the Conceptual Site Plan where the parks will be located. He explained that the parks will be available for use not only by the residents of the Exchange at Savannah Park but also by the residents of Ashton Woods or anyone else that wants to enjoy the park. Mr. DiGiovanni discussed the quality of construction. He stated the parking will be gated to provide additional security. Potential residents will be qualified with both credit checks and background checks.
Mr. DiGiovanni displayed and discussed the Conceptual Elevation artist rendering (copy received and filed). He explained how, as a concession to the Ashton Woods’ homeowners, buildings will be slid over 30 feet to allow more green area between the south end of building and Ashton Woods’ entrance. Chairman Dallari confirmed with Mr. DiGiovanni that the building will be 30 feet further north.
Mr. DiGiovanni stated with regard to the language regarding the restaurants, they would like to remove "table only restaurants." Commissioner Carey stated the County does not have definitions for these things and added that she believes if there is not a drive-through, they have addressed the issue. She stated after reading the draft of the Development Order, she wanted that language cleaned up since they don't have definitions they would be able to enforce.
Mr. DiGiovanni stated there is a mutual desire by both the County and Inland to move this project quickly forward. He stated after discussions with Commissioner Dallari, there is some additional language they would like to add to the PUD which will give them time frames for submission of both the site plan for site plan approval and construction documents so there is a level of certainty that they are moving the project forward. He distributed a copy (received and filed) of the timelines and discussed Items C and D. He stated his company intends on building the project and moving it forward and wanted to show that to the Commission.
Commissioner Carey stated she has some concerns that the Board has taken action and extended every development order that they have approved through 2016 as a blanket approval. She believes it would be unfair for the Board to pick one and say they are going to force them to perform at a certain period of time. Chairman Dallari stated this is not trying to be unfair and is not guaranteeing that it has to be approved by a certain date. It is them submitting to the County. He stated his big issue is this has been going on for so long and the applicant is assuring the County that this project will be done. Discussion ensued with regard to timelines being placed on developers.
Commissioner Henley asked Mr. Applegate if it would be necessary to waive the policy or to amend it in order to adopt this timeline. Mr. Applegate advised it would not be necessary. If the owner agrees to it, it would be an exception at the owner's choosing. Discussion ensued.
Scott Ryan, owner of the office building at 5739 Byron Anthony Place, addressed the Board to remind the Board that he had opposed this amendment on a prior occasion. He referenced the Conceptual Site Plan and explained why he is now in favor of the amendment. He noted that the overall density is less than it was before. He stated his premier issue in prior efforts to amend the PUD was access to his building and a conflict in the parking. He discussed Inland's agreement to create a park across from the primary entrance to his building with additional parking spaces, which gives him peace of mind regarding access and parking access to his building. He stated he has come together with Inland to work through the water and sewer issue, which has been a challenge for everyone. Mr. Ryan stated he is relieved to stand before the Board today and suggest that everyone has consensus with respect to this property, including the homeowners to the north and to the south. He stated he is in favor of this amendment and hopes that the Board feels the same.
Upon inquiry by Commissioner Carey with regard to the developer's timelines, Mr. Ryan stated there is an interest in making sure the project moves forward. He noted the language was tailored so the performance criteria are completely within Inland's control. Discussion ensued with regard to the timelines. He stated the language was modified and structured in a way so they know they can meet the criteria.
No one else spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt Ordinance #2013-17, as shown on page _______, enacting a rezone from PD (Planned Development) to PD (Planned Development) for 9.85 acres located on the west side of International Parkway, between Wilson Road and Wayside Drive, as described in the proof of publication, Scott Architects; and approve the associated Master Development Plan and Development Order Addendum, as shown on page _______, as submitted by staff in the agenda with the modification of striking the words “with table service” in Item B-2.
Under discussion and upon inquiry by Chairman Dallari with regard to the timeline, Commissioner Carey stated she is not accepting that as part of the Development Order. Chairman Dallari explained his concern is that this matter has been going on too long and he thinks there are issues with the timeline and with people dragging their feet. He does not believe it is a lot to ask.
Commissioner Constantine stated if the applicant is asking for the timeline, they might be causing him trouble by not accepting it. He stated he thinks that one of the reasons people signed the agreement saying they were willing to go along with this change is because they felt it was going to be done in a timely manner and the applicant was trying to make them happy. He stated he does not see, if this is a request from the applicant, why this is a problem.
Commissioner Carey noted the letter from the Homeowners Association did not speak to time frames at all. These time frames, from what she understands, were at the request of Chairman Dallari asking them to put the time frames together. She believes it is far reaching and stated they don't typically put that type of timeline into Development Order language. The Board has taken action to extend every development order in the County that has been approved and not built until 2016. She does not think it is fair to turn around and say you have to do yours within a specific amount of time.
Commissioner Carey stated if Inland was not interested in moving the project forward, they would not have continued to come back to the Board. She is confident they will move this project forward in a timely manner. She stated she is making her motion to move the matter forward with staff recommendations and with the one modification to the Development Order.
Upon inquiry by Commissioner Horan with regard to the timelines, Mr. DiGiovanni stated his company did not initiate the language. He noted from an investor's standpoint, it is somewhat concerning that they don't have complete control over the process and it does create a more difficult environment. He added they are happy to try to work with the County in every way possible. Their intent is to have a successful project and to move this along as quickly as they can.
Upon inquiry by Commission Horan with regard to the timeline language, Mr. Ryan stated that based on his conversations with Mr. DiGiovanni, this investor will not write a multi-million dollar check unless they can resolve the water and sewer issue and the amendment change. He believes Inland intends to perform. To the extent that it is limited to things they have control over, he does not believe they have an issue.
Commissioner Horan noted that he had ex parte communications with Mr. Ryan.
Commissioner Horan indicated if the particular language helps the parties get something accomplish, he has no problem with it; but if it gets in the way of getting something accomplished, he has a problem with it.
Commissioner Carey clarified that the timeline is not a part of her motion. Chairman Dallari explained why he asked the applicant to do a timeline.
Commissioner Henley noted that he had ex parte communications with Mr. Ryan. Commissioner Carey submitted her ex parte communications (copy received and filed) into the record. Chairman Dallari and Commissioner Constantine stated they also have had ex parte communications with both Mr. Ryan and Mr. DiGiovanni.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Dallari voted NAY.
WOODMERE DRIVE WATER UTILITY SERVICE MSBU
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to establish the final non‑ad valorem assessment for the Woodmere Drive Water Utility Service MSBU as $10,114.60 per benefited parcel, received and filed.
Carol Watral, MSBU Project Manager, addressed the Board to present the request, noting that the property owners were notified of this public hearing by mail and through newspaper advertisement. Ms. Watral stated this improvement provided needed water distribution to ten properties along Woodmere Drive and explained the project was completed under the preliminary cost estimate. The final per property assessment based on actual project cost is $10,114.60. Ms. Watral discussed the two options for the repayment.
No one spoke in support or in opposition.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt appropriate Resolution #2013-R-141, as shown on page _______, establishing the final non‑ad valorem assessment for the Woodmere Drive Water Utility Service MSBU as $10,114.60 per benefited parcel, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
AWARDS AND PRESENTATIONS (continued)
Colonel Joseph Nardo, Sea and Naval Science Instructor for the Navy Junior ROTC (NJROTC) program at Oviedo High School, addressed the Board to state that the Marksmanship Team has been State Champions for eight years in a row and are Navy National Champions this year.
Master Chief Petty Officer Dale Marteney, coach of the Marksmanship Team, addressed the Board to introduce the members of the Marksmanship Team as follows: Natalie Hudson, Shelbi Sessions, Danielle Barrody, Mackenzie Campbell, and Hailey Malles. Master Chief Marteney stated this is the first time in the history of the Navy program an all female team has won.
Colonel Nardo gave a brief history of the Marksmanship program. He stated that next year the team will go to Camp Perry, Ohio, for competition and pointed out there is a tremendous expense involved in travel. Colonel Nardo advised they get no funding from the United States Navy and are dependent on fundraisers and other events they sponsor. He displayed two banners that will be hung in the high school gym.
Chairman Dallari recognized the parents of the Marksmanship Team.
A video (copy not received and filed) illustrating the Oviedo High School NJROTC program was displayed.
Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2013-R-133, as shown on page _______, recognizing the Oviedo High School Navy Junior ROTC Marksmanship Team for its outstanding service and accomplishments.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to the members of the Marksmanship Team.
Natalie Hudson, member of the Marksmanship Team, addressed the Board to state, on behalf of the team, that shooting has been a huge part of their lives. She stated the team puts in time and dedication and they feel it is awesome to win National Champions. She stated the support they have from their parents and coaches means so much to them. Ms. Hudson thanked the Board for recognizing the team and celebrating with them.
Chairman Dallari stated the Board of County Commissioners would like to commend the team and added that they show great hope for the Nation.
Informational packet regarding the team was received and filed.
E. LAKE BRANTLEY DRIVE REZONE/Donald Weaver
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to Rezone from RP (Residential Professional) to RP (Residential Professional) for approximately .28 acres located on the west side of E. Lake Brantley Drive, approximately 250 feet north of W. SR 434, more particularly known as 153 E. Lake Brantley Drive, Longwood, Donald Weaver, received and filed.
Cynthia Sweet, Planning and Development Division, addressed the Board to present the request, stating the property was rezoned from R‑2 to RP for an office for a trucking broker with the condition if the property is sold for another use, the new use would be required to come back to the Board. Ms. Sweet explained the request for the proposed rezone would permit additional uses for general office uses including insurance, real estate, architects, engineering, attorneys, accounting, auditing, bookkeeping services, and other similar office uses. She stated the prohibited uses shall be those uses listed in the Land Development Code (RP zoning district) as prohibited uses. High intensity traffic uses such as medical offices, dental offices, blood labs and other general medical uses shall also be prohibited. She noted the proposed rezone is compatible with the surrounding properties’ Future Land Use and Zoning designations and that the Planning & Zoning Commission voted to recommend approval. Staff recommends approval and requests the staff report be made part of the record.
The applicant’s representative addressed the Board to state he had no comments.
No one spoke in support or in opposition.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to adopt Ordinance #2013-18, as shown on page _______, enacting a rezone from RP (Residential Professional) to RP (Residential Professional) for approximately .28 acres, located on the west side of E. Lake Brantley Drive, approximately 250 feet north of W. SR 434, more particularly known as 153 E. Lake Brantley Drive, Longwood; and approve the associated Development Order, as shown on page _______, as described in the proof of publication, Donald Weaver.
Districts 1, 2, 3, 4 and 5 voted AYE.
SYLVAN RESERVE BOAT DOCK/Sheila Cichra
Proof of publication, as shown on page ________, calling for a public hearing to approve a request for a 1,510-square-foot boat dock with boat house on Sylvan Lake, for property located on the southwest side of Sylvan Reserve Cove, more particularly known as 612 Sylvan Reserve Cove, Sheila Cichra, received and filed.
Jimette Cook, Planning and Development Division, addressed the Board to present the request. Ms. Cook discussed the criteria that the Land Development Code requires be considered in approving the application for the dock. She noted that a turbidity curtain will be placed during construction. With regard to the possible effect on the quality of waters in the County, she pointed out that the surface area of Sylvan Lake is 188 acres and the proposed dock will only extend 149 feet beyond the mean high water line so any impact on water quality should be minimal. With regard to the possible effect on the propagation of wildlife fish, and aquatic plants and animals, she stated encroachment by the proposed dock will be minimal and should have little effect on the environment.
Ms. Cook stated, with regard to the possible effect on all property owners fronting the body of land and water involved, the shoreline of the subject lot is over 269 feet. She detailed the distances the boat dock will be placed from the closest property lines and closest boat docks. She noted that the applicant shall seek a permit and recommendation from the St. John’s River Water Management District for the proposed boat dock. Ms. Cook advised the proposed boat dock does not create a navigational hazard as it projects less than 25% into the lake. They have received no comments from any neighbors. Staff recommends approval.
Upon inquiry by Commission Horan, Ms. Cook explained the dock will extend 149 feet beyond the mean high water line of the lake.
Sheila Cichra, Albert Cichra Builders, appeared on behalf of the applicant and stated she has had extensive conversations with the homeowner and he has indicated he does not want his dock to stick out too far. She stated that currently the homeowner has three feet of water and the dock will not project past the end of the weed line.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve a 1,510-square-foot boat dock with boat house on Sylvan Lake, for property located on the southwest side of Sylvan Reserve Cove, more particularly known as 612 Sylvan Reserve Cove, as described in the proof of publication, Sheila Cichra; Development Order, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
FY 2012-2013 MID-YEAR
BUDGET AMENDMENT RESOLUTION
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to approve the FY 2012-2013 Mid‑Year Budget Amendment Resolution, received and filed.
Karen Hufman, Resource Management, addressed the Board to present the request, stating the total mid‑year adjustment to the County’s beginning fund balance budget is $5,707,361. She explained that the adjustment is to true-up the budgeted projection of the beginning fund balance to the Comprehensive Annual Financial Report (CAFR) fund balances as of September 30, 2012 that were actually available for disbursements in the current fiscal year. Ms. Hufman pointed out the CAFR reported that the County had a fund balance of $1.5 billion; however, $968 million was for non-budgetary items such as fixed assets. Ms. Hufman explained the majority of this adjustment is in the General Fund and is due to the year-end decision to transfer $9.9 million for the P25 project. While the General Fund was reduced $8.4 million, several weeks after the fiscal year end, the County received bond proceeds and $9.9 million was transferred back into the General Fund’s reserves.
Ms. Hufman pointed out that included in the backup to the agenda item is an Executive Summary, which reflects how the $5.7 million adjustment will be allocated; and she reviewed those allocations. She stated the Executive Summary also provides an overview of the funds that are incurring the most significant true-up adjustments along with the primary factor that caused the projections to be different than the actual results.
Ms. Hufman referred to a schedule which is detailed by fund in the agenda memorandum and stated that the schedule provides a recap of each fund’s adjustment to the beginning fund balance budget and what the fund’s adjusted reserve or contingency budget will be.
Commission Horan noted that the Executive Summary was very well done and will provide a basis for identifying funds for the budget process and he commended staff.
No one spoke in support or in opposition.
Motion by Commissioner Horan, seconded by Commissioner Carey, to adopt appropriate Resolution #2013-R-142, as shown on page _______, which adopts and implements the FY 2012-2013 Mid‑Year Budget Adjustments, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
RELEASE OF CONSERVATION EASEMENT BETWEEN
DODD ROAD AND GRAND ROAD/Eden Point, LLC
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to release the conservation easement recorded in Book 1977, Pages 1602‑1603 of Seminole County Official Records, on property located on approximately 3.27 acres between Dodd Road and Grand Road, north of Eden Point and south of Aster Court, Eden Point, LLC, received and filed.
Jimette Cook, Planning and Development Division, presented the request. Ms. Cook explained that Eden Point, LLC owns property in Seminole County, a portion of which is encumbered by a Conservation Easement granted to Seminole County in 1988 for “natural sheet flow drainage water and conservation purposes.” She pointed out that the majority of the Easement covers a portion of Garden Lake, but the easement area also extends to upland property on the north and on the south side of Garden Lake. Ms. Cook stated the County’s Public Works Department could not determine the original purpose or need for the easement and has indicated it is not needed for drainage purposes. Pursuant to the requirements of Section 30.25 of the Seminole County Administrative Code, the applicant has provided a statement establishing that the easement obtained for storm water or drainage purposes was erroneously denominated as a conservation easement.
Ms. Cook advised that staff finds this request complies with the requirement for releasing a conservation easement as set forth in the Seminole County Administrative Code and in the Florida Statutes. Staff recommends approval.
James Johnston, Shutts & Bowen, addressed the Board on behalf of the applicant to state he is here to answer any questions. Mr. Johnston stated he believes this meets the requirements set forth in the County's resolution for release of conservation easements that were erroneously called conservation easements when they were really for storm water drainage.
Upon inquiry by Commissioner Carey, Mr. Johnston stated the easement was granted in 1988.
No one spoke in support or in opposition.
District Commission Dallari recommended approval.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt appropriate Resolution #2013-R-143, as shown on page _______, releasing the conservation easement recorded in Book 1977, Pages 1602‑1603 of Seminole County Official Records, on property located on approximately 3.27 acres between Dodd Road and Grand Road, north of Eden Point and south of Aster Court, as described in the proof of publication, Eden Point, LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated he received a telephone call from the DAB (Developers Advisory Board) in reference to connection fees and payments. He stated about month or so ago the Board changed the fees and payments and he believes they need to change them back. He stated he has asked staff to brief the Board and would like the Board to entertain a motion to direct staff to prepare a resolution revisiting Section 20.45(f) of the Seminole County Administration Code to establish the deadline for the payments of water and sewer connection fees prior to the issuance of a Certificate of Occupancy.
Commissioner Carey questioned whether or not a public hearing would be necessary. Mr. Applegate stated he spoke with Andy Neff, Environmental Services, and they are making this a priority.
Discussion ensued with regard to when this item would be coming to the Board. Mr. Applegate stated they will meet the advertising requirement and it will be done post haste.
Motion by Commissioner Horan, seconded by Commissioner Constantine, to direct staff to bring back a resolution amending Seminole County Administrative Code Section 20.45(f).
Under discussion, Commissioner Horan clarified this is an Administrative Code change so they will not need a public hearing. Upon inquiry by Commissioner Carey, Mr. Applegate advised he will check to see what the process is as to whether or not this item should be a public hearing or placed on the regular agenda
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari reported that at the last MetroPlan meeting they talked about a bill in Tallahassee that is in front of the Governor regarding the Coast to Coast Trail. He stated he is looking for support to send a letter supporting the Coast to Coast Trail and encouraging the Governor to sign the bill.
Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize the Chairman to execute a letter to Governor Scott encouraging him to sign the bill regarding the Coast to Coast Trail.
Under discussion, Commissioner Horan stated that was also mentioned at the TDLCB (Transportation Disadvantaged Local Coordinating Board) meeting. He pointed out that for some reason there seems to be concern that the Governor may want to veto that particular item. Commissioner Horan stated they should support the connection.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari announced the Seminole County Employee Diversity Dine-In will be held on May 16 at the Sanford Civic Center. He urged the directors, managers, and all County employees to attend.
Chairman Dallari advised that he received a letter (copy not received and filed) about a month ago referencing Aqua Fiber. They are trying to help the County and the community clean up Lake Jesup. He stated he would like to schedule a work session or put them on the agenda so they can have an open discussion. Commissioner Carey requested it be held as a work session.
Chairman Dallari noted the National Association of Counties' dues have gone up and are approximately over $1,000.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter with attachment received April 18, 2013, from Ann Coffin, Department of Revenue, to Seminole County Board of County Commissioners regarding award of incentive funds for Federal Fiscal Year 2011. (C: BCC, County Manager, Resource Management)
2. Letter with attachment dated April 22, 2013, from Howard Douglas, State of Florida Division of Emergency Management, to Chairman Robert Dallari regarding Advanced Notice of Change of the Residential Construction Mitigation Program Competitive Award Program. (C: BCC, County Manager, Economic & Community Development Services)
3. Copy of letter dated April 23, 2013, from Chairman Robert Dallari to Representative Jimmy Patronis, Florida House of Representatives, regarding CS/CS/CS/HB 999. (C: BCC, County Manager, County Attorney, Economic & Community Development Services)
4. Copy of letter dated April 23, 2013, from Chairman Robert Dallari to Senator Thad Altman, Florida Senate, regarding proposed CS/CS/SB 1684. (C: BCC, County Manager, County Attorney, Economic & Community Development Services)
5. Copy of letter dated April 24, 2013, from Chairman Robert Dallari to Malcolm Williams, Vector Disease Control, Inc., regarding Authorization to Dispense Insecticides (RFP 600-650-09/GMG). (C: BCC, County Manager, Public Works)
6. Letter dated April 25, 2013, from Diane Pickett Culpepper, Bright House Networks, to Chairman Bob Dallari regarding programming changes to Bright House Networks customers. (C: SGTV, County Manager, Michael Champagne, Bright House Networks)
7. Letter dated April 25, 2013, from Sandra Smith, City of Casselberry, to Chairman Robert Dallari regarding Casselberry CRA Annual Report 2011-2012. (C: BCC, County Manager, Economic & Community Development Services)
8. Letter with attachment dated April 27, 2013, from Norman W. Smith, 510 Tiberon Cove Road, Longwood, FL, regarding treatment of Disabled American War Veteran. (C: BCC, County Manager, Property Appraiser)
9. Letter dated April 29, 2013, from Larisa Perry, Wells Fargo Bank, to Commissioner Robert Dallari regarding Wells Fargo’s set of environmental commitments to be achieved by 2020. (C: BCC, County Manager)
10. Notice of Public Hearing received April 30, 2013, from City of Lake Mary regarding consideration of a Site Plan for the Station House, a 200-unit luxury apartment development located south of Wilbur Avenue, north of E. Crystal Lake Avenue, and west of Old Lake Mary Road. (C: BCC, County Manager, Economic & Community Development Services)
11. Letter with attachment received April 30, 2013, from Alexander Nurell, 2156 Nottingham Drive, Winter Park, FL, to Seminole County and City of Casselberry regarding proposed Flyover U.S. 17/92 and SR 436 Alternative “At Grade” Improvement. (C: BCC, County Manager, Public Works, Economic & Community Development Services)
12. Letter with attachment dated April 30, 2013, from Cynthia Porter, City of Sanford, to Seminole County Commissioners regarding Notice for Ordinance No. 4290. (C: BCC, County Manager, Economic & Community Development Services)
13. Letter with attachment dated April 30, 2013, from Cynthia Porter, City of Sanford, to Seminole County Commissioners regarding Notice for Ordinance No. 4289. (C: BCC, County Manager, Economic & Community Development Services)
14. Public Notice received May 1, 2013, from City of Winter Springs regarding holding a design charette for the purpose of creating a small area plan consistent with the Town Center Master Plan for certain real property located in Seminole County. (C: BCC, County Manager, Economic & Community Development Services)
15. Notice of Public Hearing received May 1, 2013, from City of Winter Springs regarding annexing one parcel of land comprising of approximately 4.4 gross acres currently within Seminole County located on the northwest corner of the intersection of DeLeon Street and Florida Avenue. (C: BCC, County Manager, Economic & Community Development Services)
16. Health Issues Brief received May 6, 2013, from Florida Hospital Government & Public Affairs regarding Health Reform’s Impact on Women’s Access to Care and Preventative Service. (C: BCC, County Manager, Human Resources)
17. Letter dated May 7, 2013, from Alice Weinberg, Property Appraiser’s Office, regarding response to Norman W. Smith’s letter regarding treatment of disabled veteran. (C: BCC, County Manager)
18. Letter with attachment dated April 2013 from Sean Snaith, University of Central Florida, to Chairman Robert Dallari regarding April 2013 Florida & Metro Forecast published by the University of Central Florida’s Institute for Economic Competitiveness.
19. Community Meeting Notice received May 9, 2013, from Potomac Land Company regarding meeting to discuss rezoning of 2028 Center Drive, Casselberry, FL, from R1-A & A-1 to R-1 zoning. (C: BCC, County Manager, Economic & Community Development Services)
20. Letter with attachment received May 13, 2013, from Catherine Mori, Weston Park, L.P., regarding upcoming meeting regarding a proposed 202-unit, multi-family project in Longwood, adjacent to the City’s SunRail station near the intersection of Church Avenue and CR 427. (C: BCC, County Manager, Engineering, Economic & Community Development Services)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley reported that he attended the Altamonte Springs dedication of their Environmental Science Incubator along with Commissioner Constantine and Mr. Hartmann. He believes they have done a tremendous job in building partnerships, which has guaranteed the funding of that Science Incubator for a number of years into the future, and should be commended for what they have done.
Commissioner Carey announced that the Second Seminole County Veterans Stand Down will be held on May 18 at 9:00 a.m. at the Seminole County Health Department. She stated last year's event was great and she hoped everyone will stop by and see some of the services that are provided to their veterans. She noted that Ed Burford, the County's representative for Veterans' Affairs, does a wonderful job for the veterans, and commended staff for the work that they do.
Commissioner Carey announced the Sanford Memorial Parade will be held on Memorial Day, May 27, at 10:00 a.m. in downtown Sanford with a ceremony immediately following at 11:00 a.m. at Veterans Memorial Park.
Chairman Dallari announced that the Oviedo Chamber of Commerce and the Hope Foundation are having the Central Florida BBQ Cook Off on May 24 and 25. Steel Magnolia will be performing and all funds will be going to the Hope Foundation.
Commissioner Horan reported at the last meeting of the Public Schools Facilities Planning Committee they received and commented on the proposed interlocal agreement, which should be available within the next month for the Board's consideration. He noted that the interlocal agreement removes the concurrency requirement and also addresses a number of other issues that deal with the coordination of staff and the boards.
Commissioner Horan thanked Nicole Guillet for her leadership with the PTAC Committee. He noted that Ms. Guillet has stepped up and done a great job in pulling together all of the technical requirements and put together a document that is going to be very, very understandable and a good working document for the nine governmental bodies that will be signing it.
Commissioner Horan reported that he attended the Transportation Disadvantaged Local Coordinating Board meeting. He noted they had their annual assessment, which is available on their website. Generally, it was a satisfactory assessment with certain concrete suggestions as to how transportation disabled services can be enhanced and provided more efficiently. One of the two outside vendors that had been providing transportation disabled access services for LYNX has voluntarily terminated their interest in the agreement so now there is just one outside vendor involved. Since that change has occurred, the efficiency of the system has worked better.
Commissioner Horan noted that he and Chairman Dallari attended an event for SERTOMA (Service to Mankind). The event was a bowling tournament where a number of different teams competed and over $2,000 was raised.
Commissioner Horan corrected his April 23, 2013 appointment of Alex Figueroa to the Tourist Development Council and advised that Mr. Figueroa is not an elector in Seminole County and thus not eligible to be on the Board.
Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt appropriate Resolution #2013-R-144, as shown on page _______, appointing Bruce Skwarlo to the Tourist Development Council to serve the remainder of the term of Jacqueline Padilla, who resigned.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Constantine reported that at the meeting of the Orlando Sanford International Airport, they were discussing a number of the properties they are acquiring, some of which they will hopefully be negotiating and they will not have to go through various lawsuits that have come up recently.
Commissioner Constantine noted there was a discussion at CALNO about the Oviedo in the Park project and that many attended the May 11 opening.
Commissioner Constantine stated he also attend a bowling tournament with Delta Sigma and their program for scholarships for this year.
Commissioner Constantine reported he attended the Sanford Woman’s Club's Centennial celebration on May 9.
Commissioner Constantine reiterated that he and Commissioner Henley attended the Incubator project at Lake Lotus in Altamonte Springs. He pointed out that the partnerships will have scholarships for Seminole County students that complete the program and move forward with their science careers.
Commissioner Constantine advised that he and Commissioner Henley would like to have a resolution for the Lyman High School Volleyball Team, which won that Statewide Championship 31 and 0 and defeated Bishop Moore High School in the championship.
Commissioner Constantine stated that May 18 will be the Charity Challenge, the charity event he has been doing every year for the last 28 years. They have raised over $5 million. He advised that it will be held at the Citrus Bowl and invited everyone to attend. They have 101 teams, which is a record.
COUNTY ATTORNEY’S REPORT
Bryant Applegate, County Attorney, stated that with regard to the earlier conversation, he has been with the County for almost two years and his office has never let staff down with getting something on the agenda. Going back to the last meeting, his only concern is if the change is something that was adopted by ordinance; then obviously, they will have to advertise. If it was just an Administrative Code change by resolution, they will not need to advertise. He has not seen what the changes are.
Commissioner Horan stated the change was just to the Administrative Code.
Mr. Applegate stated he will be speaking to the Seminole County Legal Aid Society's Board of Directors next week at their meeting about the program “Attorneys Fighting for Seriously Ill Children,” which is a program they are starting in Seminole County through the Legal Aid Society.
ITEMS FOR FUTURE AGENDA
James Fraleigh, 23 Teresa Court, addressed the Board to discuss his concerns with regard to the Casselberry Flyover at SR 436 and US 17-92. Mr. Fraleigh stated this has been a well-hid project. At each Casselberry Commission meeting, the people have been ignored. He stated that at the Florida Department of Transportation (FDOT) meeting at Casselberry City Hall that was held six weeks ago, there was standing room only and not one person stood up for the project. He reviewed the April 29 meeting put on by business owners and held together with the public at Jai Alai. Mr. Fraleigh stated that Casselberry Commissioner Gene Fry and Commissioner Sandra Solomon asked to have a joint public meeting with the Seminole County Commission to discuss alternatives compared to building without the people being represented. He stated he believes the Commission needs to vote to agree to a special meeting for all to be represented.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:15 p.m., this same date.