BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
April 22, 2014
The following is a non-verbatim transcript of the BOARD OF COUNTY
COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held
at 9:30 a.m., on Tuesday, April 22, 2014, in Room 1028 of the
SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual
place of meeting of said Board.
Present:
Chairman Robert Dallari (District 1) Vice Chairman Brenda Carey (District 5) Commissioner John Horan (District 2)
Commissioner Lee Constantine (District 3) Commissioner Carlton Henley (District 4) Clerk of Circuit Court Maryanne Morse Acting County Manager Nicole Guillet County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Father John Bluett, St. Stephen’s Catholic Church, Winter Springs, gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
Dan O’Keefe, Moore Stephens Lovelace, and Jenny Spencer, County Finance Director, addressed the Board to present the Audit Results for the Comprehensive Annual Financial Report (CAFR) (received and filed) for the year ended September 30, 2013.
Mr. O’Keefe displayed a PowerPoint Presentation (received and filed) and began by reviewing the Services and Deliverables relating to an Unmodified Opinion on the Financial Statement; an
Auditor’s Report relating to Internal Control over Compliance;
1
an Auditor’s Report of Findings relating to Federal and State Financial Programs; and an Auditor’s Management Letter that requires the County’s financial condition assessment. Mr. O’Keefe displayed the Auditor’s Responsibilities relating to designing and maintaining the internal controls as well as the records and documentation. He reviewed Management Responsibilities and Internal Controls that are incorporated into the audit process. He continued by reviewing Compliance Requirements and Communication of Significant Matters. He stated there were no audit adjustments made during the course of the audit and no unreported or unadjusted differences. Mr. O’Keefe stated they use a Risk-Based Approach and explained how that could change from year to year based on what is happening in the county.
Mr. O’Keefe stated management provides them with written document of representations at the end of the audit, which is signed by the Clerk of Court and the Board Chairman. He displayed the Audit Schedule that was originally agreed upon and stated they stayed within that schedule. He displayed the Financial Highlights and stated the first slide deals with the entity-wide numbers. He stated it is interesting to see that the County has almost $2 billion worth of assets as they have had a lot of growth in recent years. He reviewed the significant Fund Financial Statements and the General Fund and stated the General Fund is the “heart and soul” of the county. The County is on a positive side of 20% on the unassigned fund balance as a percentage of total expenditures and transfers out. He added he feels that anytime a county can stay above 15% or more, they are well above their policy and are doing quite well. There is a favorable budget variance of $14 million on the
General Fund Budget, but a lot of that are projects that were started and were not concluded in the current fiscal year. He stated the Proprietary Funds are in incredible shape. He concluded that a New Accounting Standard will be coming out and will require local governments to basically book their unfunded pension liabilities within their financial statements. Seminole County is with the Florida Retirement System (FRS) and FRS will have to come up with a calculation to determine what the County’s proportionate share of that unfunded liability is. That will make its way into the County’s top level statements. He added the final thought he would like to give the Board is whether the Federal government will still be able to provide the level of funding to local governments.
Commissioner Horan thanked the Clerk’s Office for always doing a tremendous job with the CAFR. He added that Mr. O’Keefe’s presentation on the CAFR is always very clear and understandable. Many of the County’s grant funds come from the Federal and State government. Seminole County is not only solid in terms of the way they manage the funds, but in the way they budget them. He stated he believes the County is in good shape with regard to their financial statement and their reserves for the future when the State and Federal governments do not fund the County for essential services.
Mr. O’Keefe commented that the County needs to make sure that they are ready for it because when looking at the amount of debt that the Federal government has, the liability side of their balanced sheet is close to $20 trillion. There is another
$38 trillion that is unfunded through the different entitlement programs. There is going to be a time where they will have to
start cutting and that will trickle down to the State level and then filter down to the local level.
Commissioner Horan stated since Seminole County has been very conservative in borrowing money, their net assets continue to rise every year despite the fact that they maintain more than adequate reserves.
Commissioner Henley stated the reason Seminole County is in the condition they are in as a result of the people and the trust they have placed in the BCC over the years as it relates to the use of the resources that have been provided. He stated he is proud of what this Board has been able to accomplish and the way the Clerk’s Office watches over what the BCC does as that builds trust with the people.
Commissioner Carey stated this didn’t happen by accident but by strict stewardship of financial guidance by the BCC to their staff. Seminole County is the 14th lowest tax millage per property owners in the State of Florida and still continues to provide great quality services to the citizens. She commended County staff, the Clerk and the auditors for doing a great job.
Chairman Dallari stated when he went to New York for the rating presentation with Standard & Poor’s and Moody’s, they were asking for the County’s reserves to be around 20% in order to receive the ratings they have. He commended the County staff and the Clerk’s Office for a job well done.
Upon inquiry by Chairman Dallari, Mr. O’Keefe advised he is still obtaining financial information from other counties and cities, and he will provide a comparative chart or graph at a later date. He stated the County’s debt per capita has always been relatively low in the past, and their reserves have always been higher than other counties.
Commissioner Henley left the meeting at this time.
The Business Spotlight for Global-5 Communications was presented.
Commissioner Henley reentered the meeting at this time.
Motion by Commissioner Henley, seconded by Commissioner Carey to adopt a Proclamation, as shown on page , proclaiming the week of May 3 through May 11, 2014, as “National Travel and Tourism Week” in Seminole County
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Proclamation to Danny Trosset, Seminole County Tourism Director; John Maingot, Seminole County Tourism Development Council Chairman; Kevin Craig, Central Florida Hotel & Lodging Association (CFHLA); and Bruce Skwarlo, Tourism Development Council, who addressed the Board to express their appreciation.
Commissioner Horan stated he wants to reemphasize that the one million tourists that visited Seminole County hotels generates $3.7 million in tax revenues and $11 million in economic impact and that adds a lot to this county. He stated he knows the return on the investment for tourism and bringing people to this county is quite high, and he would like to thank the tourism industry for generating this kind of economic development.
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Motion by Commissioner Constantine, seconded by Commissioner Henley to adopt a Proclamation, as shown on page
, proclaiming the month of May 2014 as “Older Americans Month” in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Proclamation to Sherry Fincher, Executive Director of Meals on Wheels, who addressed the Board to express her appreciation.
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Motion by Commissioner Horan, seconded by Commissioner Carey to adopt a Proclamation, as shown on page , proclaiming the month of May and May 8, 2014 as “National Children’s Mental Health Awareness Day” in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Proclamation to Judy Creel, who addressed the Board to express her appreciation. She submitted green ribbons and stated the ribbons are a symbol for children’s mental health awareness. She submitted a brochure (received and filed) advertising the movie “Hear Our Voices” scheduled for May 9, 2014 at 7:00 p.m. at the Wayne Densch Performing Arts Center. She stated the Children’s Cabinet of Seminole County is the governance of their grant, and the website is www.seminolechildren.org.
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Motion by Commissioner Carey, seconded by Commissioner Horan to adopt appropriate Resolution #2014-R-90, as shown on page , acknowledging Gail Chisolm for 36 years of service and dedication to Seminole County Government and its citizens, upon her retirement on May 5, 2014.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Gail Chisolm, who addressed the Board to express her appreciation.
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Valmarie Turner, Community Services Director, addressed the Board to advise that this week is National Community Development week, and they are celebrating the 40th anniversary of the House and Community Development Act of 1974. She stated Seminole County has received CDBG funds since 1986. She showed a video of the different services that the Community Development Block Grant (CDBG) has been able to provide over the years with the funds. She presented a framed collage of pictures (received and filed) displaying various improvements in different community areas.
Chairman Dallari stated they are celebrating 40 years of the CDBG program and he would like to acknowledge all of the cities that have been very instrumental in this program.
Commissioner Horan stated these funds are used many times in conjunction with private entities as well as 501(c)(3)’s, etc. to partner up and it has been a customary practice in the County to take Federal funds and leverage them with their own funds as well as private money to advance community interest in a particular area. Upon inquiry by Commissioner Horan, Ms. Turner advised they are receiving less CDBG funds today than they have in the past. Commissioner Horan stated Federal and State governments are going to continue to decrease the community service funds to local governments as they have more and more budget pressures.
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Chairman Dallari recessed the meeting of the Board of County Commissioners at 10:22 a.m. and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
Sonia Nordelo, Economic Development, addressed the Board to present a request to approve the Funding Agreement between the
U.S. 17-92 Community Redevelopment Agency (CRA) and Garden Grove Apartments Ltd., in the amount of $75,000 to implement the Special Fund Request approved on November 8, 2011; and approve the associated Resolution implementing Budget Amendment Request (BAR) #14-064 providing funding from the 17-92 CRA Fund. She stated this item was approved on November 8, 2011 and Atlantic Housing Partners has complied with the criteria of the original approval. Atlantic Housing Partners has obtained the Low Income Housing Tax Credits and has completed the project. The project is now occupied.
No one spoke in support or in opposition.
Motion by Commissioner Horan, seconded by Commissioner Henley to approve the Funding Agreement, as shown on page
, between the U.S. 17-92 Community Redevelopment Agency and Garden Grove Apartments Ltd., in the amount of $75,000 to implement the Special Fund Request approved on November 8, 2011; and approve the appropriate Resolution #2014-R-91, as shown on page , implementing Budget Amendment Request (BAR) #14-
064 providing funding from the 17-92 CRA Fund. Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari requested a work session be scheduled to discuss requests in relation to mini-grants for signage along the U.S. 17-92 corridor to see if those requests are meeting the policies of what the Board would like to see.
Commissioner Carey stated the CRA Board has had discussions with regard to the CRA ending in 2017. She stated there are
limited funds and she feels it is appropriate to schedule a work session to discuss what would be the best way to expend those funds.
Upon inquiry by Commissioner Horan, Ms. Nordelo advised the Redevelopment Planning Agency (RPA) is planning to schedule a presentation in June. She stated staff is planning to schedule a work session on May 13 to bring together all the requests and to show the BCC the historical capital improvements and where they are now. Commissioner Horan stated he feels that now is the propitious time to schedule the work session. The funds are available and they are at a good time to make some strategic decisions on how would be the best way to spend that money.
Upon inquiry by Commissioner Carey, Ms. Nordelo advised staff will be scheduling a work session in May with the CRA Board. She said she believes it is important that the CRA Board has discussions before presentations are made to the other groups.
Chairman Dallari confirmed that a work session will be scheduled in May to discuss the mini-grant applications for signage along U.S. 17-92 corridor, as well as additional expenditures. He asked staff to delay accepting applications for mini-grants for signage until the CRA Board has had a chance to review the policies.
Chairman Dallari adjourned the U.S. 17-92 CRA meeting at 10:27 a.m. and reconvened as the Board of County Commissioners.
Nicole Guillet, Acting County Manager, stated staff is requesting that Item #36, Reduction of a Code Enforcement Board Lien, be pulled from the agenda. She advised that the property is still not in compliance.
Chairman Dallari stated he would like to request that the Public Hearing Item #39, Amendments to the Text of the Comprehensive Plan, be continued to the next meeting. He stated he would like to add under the net buildable acreage more definitions to exempt the rural area on the eastern side of the county and how that is exempted from changing that density.
Upon inquiry by Commissioner Carey, Chairman Dallari advised his intent is to discuss the item and if there is consensus to continue the item, it will come back for final adoption.
Motion by Commissioner Horan, seconded by Commissioner Henley to authorize and approve the following:
8. Approve travel and mileage reimbursement to Commissioner Lee Constantine for miscellaneous travel from November 2013 through March 2014.
Community
Assistance Division
9. Approve the Termination of Seminole County/Harvest Time International Seminole County Homeless Prevention Program Subrecipient Agreement.
10. Approve and authorize the Chairman to execute the Christian Sharing Center and Rescue Outreach Mission Seminole County Homeless Prevention Program Subrecipient Agreements, as shown on page , to provide homeless services for Seminole County's most vulnerable population.
11. Approve and accept the Neighborhood Stabilization Program (NSP) Monthly Snapshot/Report and properties acquired by Seminole County Government.
Tourism
Development Division
12. Approve and authorize the Chairman to execute an Agreement, as shown on page , with Florida Rush Soccer Club in the amount of $7,422.58 for the 2014 Champions Cup soccer tournament to be held May 17-18, 2014.
13. Authorize the Department of Public Safety, EMS/Fire/Rescue Division to re-allocate $30,155 of the existing operating budget and make a commitment in the amount of $72,372 in FY 2014/15 budget through the
Fire Protection Fund to fund Seminole County’s portion of the costs of the Orlando/Orange Urban Area Security Initiative (UASI) Group’s Task Force 4 Warehouse and one US&R Coordinator position for a period of seventeen months through the end of FY 2014/15, and delegate the authority to the County Manager to enter into any associated Memorandums of Agreement, if required.
14. Approve and authorize the Chairman to execute Amendment Number 1, as shown on page , to the Aesthetic, Lighting, Hardscape, Mast Arms and Fire Suppression System Agreement between the State of Florida, Department of Transportation, and Seminole County for the Ultimate Interstate 4 Project. (FDOT - FM# 242484-6, 242592-2-52-01 and 242592-3-52-01)
15. Approve and authorize the Release of a Right-of-Way Utilization Permit Cash Maintenance Bond in the amount of $2,573 submitted for roadway improvements to Maitland Avenue, consisting of a left turn lane and sidewalk, in conjunction with the Orlando Grace Church Project.
16. Approve and authorize the Chairman to execute a First Amendment and Second Renewal, as shown on page
, to the Reflections of Hidden Lake Environmental Services Department Lease.
17. Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page , between Seminole County and the City of Longwood for the Florida Yards & Neighborhoods (FYN) Program.
18. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page , with the Florida Department of Children and Families in acceptance of
$944,968.41 over a three-year-period through the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program.
19. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-92, as shown on page
, implementing Budget Amendment Request (BAR)
#14-060 through the Health Insurance Fund in the amount of $75,000 to appropriate contribution from Florida Blue for wellness services.
20. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-93, as shown on page
, implementing Budget Amendment Request (BAR)
#14-061 through the General Fund in the amount of
$11,371 to accept the VOTE Program grant award from the Department of State/Division of Elections to assist in satisfying accessibility requirements at voting locations for individuals with disabilities.
21. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-94, as shown on page
, implementing Budget Amendment Request (BAR)
#14-063 through the 2001 Infrastructure Sales Tax Fund to increase funding for the SR 46 Gateway Sidewalk project in the amount of $125,000 from reserves.
22. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-95, as shown on page
, implementing Budget Amendment Request (BAR)
#14-065 using Water & Sewer Operating Fund reserves to establish budget in the amount of $119,000 for the outsourcing of the printing and mailing of utility bills.
23. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-96, as shown on page
, implementing Budget Amendment Request (BAR)
#14-067, through the General Fund, in the amount of
$504,700, to establish budget for the Sunland Park Project (#00282601).
24. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-97, as shown on page
, implementing Budget Amendment Request (BAR)
#14-069 recognizing $88,725 in program revenue for the Neighborhood Stabilization Program (NSP) 3 Grant, and to appropriate those funds in order to further the goals of the program.
25. Approve and authorize execution of appropriate Resolution #2014-R-98, as shown on page , establishing the non-ad valorem assessment rates for tax year 2014 for each MSBU for which the assessment may vary annually per the governing ordinance and budget requirements.
26. Approve Amendment #1, as shown on page , to Work Order #34 (Hattaway Drive Improvements) under PS- 2249-07/BHJ (CEI Services for Construction Projects less than $1 Million Dollars) in the amount of
$61,458.21 with Keith & Schnars, P.A. from Ft. Lauderdale; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment.
27. Approve Amendment #4, as shown on page , to IFB-601461-12/BLC, Janitorial Services for Seminole County Buildings with Florida Cleaning Systems, Sanford, in the amount of $88,560 per year; and authorize the Purchasing & Contracts Division to execute the Amendment.
28. Approve Change Order #2, as shown on page , to CC-8457-13/AMM, HOME Program Residential Reconstruction at 2023 Hawkins Ave., Sanford, with Construction 360, LLC, Winter Park, in the amount of
$9,380.93; add an additional ninety (90) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order.
29. Approve the Assignment, as shown on page , of IFB-601000-10/TLR, Beverage Vending Services from Snack Time Vending Inc. to Compass Group USA, Inc., d/b/a Canteen Vending Services; and authorize the Purchasing & Contracts Division to execute the assignment documents.
30. Approve Work Order #1, as shown on page , Pre-Construction Services for the Seminole County Sports Complex, to RFQ-9093-13/RTB, Construction Manager at Risk for the Seminole County Sports Complex Projects (AIA Document) with Wharton-Smith, Inc. of Sanford, in the amount of $281,415; and authorize the Purchasing & Contracts Division to execute Work Order
#1.
31. Award IFB-601942-14/GMG, as shown on page , Term Contract for Americans with Disabilities Act (ADA) Required Services for Residential Properties to JMD Global Developers, LLC, Orlando and Corinthian Builders, Inc., Sanford; and authorize the Purchasing
& Contracts Division to execute the Agreements.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Horan to authorize and approve the following:
32. Approve and authorize the Chairman to execute a Satisfaction of Final Judgment Assessing Attorney’s
Fees and Costs, as shown on page , in the amount
of $200 against Defendant Noris Beckley in misdemeanor Case #98-9331 MMA for services of the Public
Defender, which was imposed in favor of Seminole
County.
33. Authorize the Chairman to execute a Corrective County Deed, as shown on page , to C. Fred Hudson, III, as Trustee of the C. Fred Hudson III, Trust, dated May 23, 1990, for Parcel #22-19-30-5AD-0000- 0330, consistent with the original intent of the Contract for Sale and Purchase of Land, as amended and restated on October 31, 2002, and as further amended and restated on April 22, 2003, and as further amended and restated on June 29, 2007, and as further amended and restated on July 17, 2007.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Horan to authorize and approve the following:
34. Approval of Expenditure Approval List, as shown on page , dated March 24, 2014; and Payroll Approval List, as shown on page , dated March 27, 2014; approval of the BCC Official Minutes dated March 11, 2014; and noting, for information only, the following Clerk's "Received and Filed":
1. Amendment #2, as shown on page , to Work Order #52 to PS-4388-09.
2. Amendment #5, as shown on page , to Work Order #44 to PS-4388-09.
3. Work Order #60, as shown on page , to PS- 3914-08.
4. Change Order #1, as shown on page , to CC-8450-13.
5. Change Order #5, as shown on page , to CC-7202-11.
6. Work Order #1, as shown on page , to PS- 8419-13.
7. AIA Documents A133 (2009) and A201 (2009)
Construction Manager Agreements, as shown on page
, with Wharton-Smith, Inc. and HKS Architects, Inc.
8. Recorded Mortgage Deeds, as shown on page
, for the following Home Ownership Assistance Program: Parcel #32-19-31-300-0360- 0000, Ruth L. Frison; Parcel #34-19-30-5AK-0A00- 0490, Sandra K. Richardson; and Parcel #35-19-30- 506-0000-0220, Irene Lamarr.
9. Change Order #1, as shown on page , to Work Order #6 to RFQ-5888-10.
10. Memorandum to County Manager from Valmarie Turner relating to NSP Unauthorized Commitment: NVision, RFP-7423-12 and Habitat for Humanity, RFP-CS01- 12, as shown on page .
11. Florida Public Service Commission Order #PSC-14- 0109-PAA-GU Consummating joint petition for approval of territorial agreement in Duval and St. Johns Counties between Peoples Gas System and the City of Jacksonville Beach d/b/a Beaches Energy Services.
12. Recorded Development Orders, as shown on page
, as follows: #14-30000004, Brenda T. Heckle; #13-32000018, TMA Properties Foundation, Inc.; #13-30000096, TMA Properties Foundation, Inc.; #13-30000104, William and Edith Peck; #14- 30000001, David C. & Cynthia L. Michels; #14- 30000002, Jessica Gomber; #13-30000102, Carolyn
L. and Steven C. Lavender; #14-30000003, Karen M. White; #14-30000007, Cheryl and Danny L. Reese; and #14-30000015, Gary L. and Jeanie Brown.
13. Closeout, as shown on page , to CC-9037- 13.
14. Amendment #5, as shown on page , to IFB- 601114-11.
15. Closeout, as shown on page , to CC-7661- 12.
16. Amendment #2, as shown on page , to Work Order #4 to PS-6487-11.
17. Amendment #2, as shown on page , to Work Order #9 to PS-5140-03.
18. Work Order #3, as shown on page , to PS- 8148-12.
19. Recorded Utility Agreements, as shown on page
, for water & sewer service with Heathrow Parke Lane and Central Parc at Heathrow, LLC.
20. Recorded Customer Agreement, as shown on page
, for Reclaimed Water Rates and Reclaimed Water Flow Distribution with 1051 Park Lane & Central Parc at Heathrow, LLC.
21. Recorded Mortgage Deed, as shown on page
, SHIP Rehabilitation Assistance, Elizabeth Montgomery-West a/k/a Elizabeth Montgomery, Parcel #31-19-31-508-4A00-0060.
22. Letter to Kristi Reid Bronson, Bureau of Election Records, from Gretchen R. Venn submitting Public Officer Oaths for the members of the Seminole County Industrial Development Authority Board.
23. Contract for Services, as shown on page
, with Jose Quintino.
24. IFB-601566-12, as shown on page , Term Contract with BGS Construction, as approved by the BCC on December 11, 2012.
25. IFB-601921-14, as shown on page , Term Contract with Cain Enterprises, LLC d/b/a Engineering Solutions International.
26. Audit Report from the Clerk of the Court regarding Review of Contracts for Library Materials, Report #031514.
27. Contracts, as shown on page , for Services with Jillian Parisi and John J. Wiley.
28. Amendment #3, as shown on page , to IFB- 601448-12.
29. Bids as follows: IFB-601933-14, CC-9317-14, and CC-8898-13.
Districts 1, 2, 3, 4 and 5 voted AYE.
Paula Halleck, Development Services, addressed the Board to request approval to reduce the Code Enforcement Special Magistrate Lien from $27,750 to $0.00 for Case #13-84-CESM, on property located at 622 Charrice Place, Sanford, Tax Parcel #26- 19-29-507-0000-0450, Gary Graham, current owner. She reviewed the background timeline as indicated in the agenda memorandum. Staff recommends that the lien be reduced from $47,750 to the administrative costs of $602.73, based upon Mr. Graham believing that his contractor had followed the appropriate procedure to resolve his violation. Staff also recommends that if the lien is not paid within 30 days, the lien will revert back to the original total amount of $27,750.
Commissioner Carey stated she would like to know the name of the contractors as the County has a Contractor Licensing Board for those who violate the rules of construction. She stated she understands that the owner believed that the contractors had done what they were supposed to do, but as long as the County doesn’t address this with the contractors, they will continue to behave badly.
Ms. Halleck stated staff knows the names of the electrical contractor and the contractor who installed the hot tub and she submitted that information to her boss.
Dr. Gary Graham, 622 Charrice Place, addressed the Board to state he concurs with staff recommendations based on his request.
Motion by Commissioner Carey, seconded by Commissioner Horan to reduce the Code Enforcement Special Magistrate Lien from $27,750 to $602.73 for Case #13-84-CESM, on property located at 622 Charrice Place, Sanford, Tax Parcel #26-19-29-
507-0000-0450, Gary Graham, current owner; require that this reduced amount be paid within 30 days or the lien will revert to its original total amount of $27,750; and authorize the Chairman to execute the Release of Lien, as shown on page , upon payment in full.
Under discussion, Commissioner Carey requested that the Building Department file complaints against those contractors involved who did not pull a permit as required by the County Codes.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari advised that the request to reduce the Code Enforcement lien from $44,000 to $4,400 for Case #12-50- CEB, on property located at 333 E. Citrus Street, Altamonte Springs, Tax Parcel #11-21-29-517-0B00-0330, Wells Fargo, current owner, has been pulled from the agenda.
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Tony Matthews, Development Services, addressed the Board to present request to approve the Orlando Philharmonic Orchestra Concert Special Event Permit on May 17, within the Springs Association Recreation Area, with rain-out day on May 18, 2014, Carl Rendek. He reviewed the time, the estimated attendance, and additional conditions. He stated staff recommends approval of the request.
Motion by Commissioner Constantine, seconded by Commissioner Carey to approve the Orlando Philharmonic Orchestra Concert Special Event Permit on May 17, within the Springs Association Recreation Area, with rain-out day on May 18, 2014, Carl Rendek.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the Budget Transfer Status Report – FY 2013/14.
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The Chairman recessed the meeting at 10:37 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 replaced with Chief Deputy Clerk Bruce McMenemy; and with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Erin Leben, who were present at the Opening Session.
Motion by Commissioner Henley, seconded by Commissioner Horan to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDMENTS TO THE TEXT OF THE SEMINOLE
COUNTY COMPREHENSIVE
PLAN/Seminole County
Proof of publication, as shown on page , calling for a public hearing to consider transmittal of amendments to the Introduction and Future Land Use elements of the Seminole County Comprehensive Plan, Seminole County, received and filed.
Sheryl Stolzenberg, Development Services, addressed the Board to present the request as outlined in the Agenda Memorandum. She advised this item is a request to amend the text of two elements of the Seminole County Comprehensive Plan, the introduction element and the Future Land Use element. She stated the amendments are proposed because there have been changes in State Planning Law in Chapter 163, Part II of the
Florida Statutes, also because of changes in local conditions and staff’s attempt to make the plan more clear for those who are using it.
Ms. Stolzenberg stated the introduction element is an optional element of the Comprehensive Plan that contains the explanation of what a Comprehensive Plan is, a brief history of planning in the County, and definitions of the terms in the plan. Staff made recommendations for a number of changes and additionally the Board has received a memo that attempts to clarify three of the terms that are being redefined. One of the terms is infill development, where staff is trying to clarify that this is urban infill development, as well as public transit where they are indicating that there are multiple modes that are included in that definition, and they have provided a definition of “zero lot line” because it was referred to in the text of the plan.
Ms. Stolzenberg stated staff recommended changes to the description of what is contained in the Future Land Use element because that was changed in Chapter 163, Part II of the Florida Statutes. Staff has also recommended an update in the Higher Intensity Planned Development Target Industry Future Land Uses to allow some additional employment uses in certain areas not within walking distance of the SunRail station. Staff has also revised the language for what happens when properties in the rural area convey land to be used for public right-of-ways. Ms. Stolzenberg advised they received a letter from Jay Zembower (received and filed) that also went to the Board of County Commissioners. She stated that most of the changes are attempts to make the Comprehensive Plan more understandable to people who are using it.
continuance would be necessary. Commissioner Carey stated she is under the impression this
Chairman Dallari stated the reason he previously requested the Board continue this item is because he wanted the definition of “net buildable acre” to include the following after the word “excluding”: “except in the east rural area, whereas the number of acreage within boundaries of development excluding the areas devoted
to road right-of-way, transmission power lines,
lakes, wetlands or flood prone areas.” He advised that he is trying to keep the rural area rural, and in order to give the public the ability
to comment
on exactly
what he
is suggesting,
a
is pretty much in keeping with what most governments allow. She feels that it shouldn’t make a difference whether a property is in the eastern rural boundary or the urban area regarding the right to come forward with a request.
Upon inquiry by Commissioner Horan, Nicole Guillet, Acting County Manager, advised that the provision Chairman Dallari spoke of deals with the definition of “net density.” The other provision is one relating to the east rural area and keeps people from being penalized for having right-of-ways taken. The proposal is to take out wetlands and lakes, which is consistent with other jurisdictions. She explained that Chairman Dallari has proposed they keep the existing definition of “net density” in the east rural area, and outside of that area they would not consider right-of-ways and easements in calculating that density.
Commissioner Henley advised the development community has approached the Board on changing “net density” several times. He added he is not interested in making any changes to possibly increase the density in the rural area.
Commissioner Carey stated if they are going to look at net buildable acres, they should do it consistently across the board.
Commissioner Henley stated he is happy to keep things the way they are.
Commissioner Constantine stated he thinks the Comprehensive Plan should remain as it is.
Upon inquiry by Commissioner Constantine, Ms. Guillet stated that some of the changes Ms. Stolzenberg presented to the Board are related to changes in the State law.
Commissioner Carey advised she is under the impression that they would change the Comprehensive Plan as submitted except they would not change the definition of “net buildable acres.”
Chairman Dallari, Commissioner Constantine, and Commissioner Henley stated they were fine with the changes.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Horan to approve transmittal of the proposed Amendment of the Text of the Seminole County Comprehensive Plan to the State and Regional Agencies for review and comment with staff findings, without the change to the definition of “net buildable acres,” as described in the proof of publication, Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
SEMINOLE
COUNTY CODE/Seminole County
Proof of publication, as shown on page , calling for a public hearing to consider an Ordinance amending Chapter
235 Seminole County Code with updates regarding allowable sizes of residential garbage cans, Seminole County, received and filed.
Johnny Edwards, Solid Waste Division Manager, addressed the Board to present the request as outlined in the Agenda Memorandum.
Mr. Edwards advised the Ordinance would change Chapter 235 of the County Code. As it currently exists, there are limitations on the size of garbage cans that residents can use of 50 gallons or 50 pounds when full. The requested change would create exceptions to those limitations where a resident may use a larger garbage container in instances where they enter into an agreement with their haulers to service those larger cans. Some slight changes were distributed before the meeting compared to what was in the original agenda package. A copy of the revised draft ordinance was received and filed.
Commissioner Carey stated the proposed change is based on a discussion she had with the Florida Fish and Wildlife (FWC) people regarding the fees for the service, which are not finalized. She advised that by changing the language, it will give them the flexibility to finish their discussions with the two haulers.
Commissioner Constantine stated he would like the Board to discuss with the homeowners associations the possibility of making the use of these new garbage cans mandatory. He stated when people want to develop in these areas, those developers should consider putting that requirement in their homeowners’ documents as they are selling their properties.
Upon inquiry by Commissioner Henley, Ms. Guillet advised the homeowners associations do not have a contract with the haulers.
Commissioner Carey advised that a lot of the homeowners associations are voluntary and some are mandatory, but the
County does not govern covenants and restrictions. In the information she received from FWC, the area that had the most bear traffic is the area west of I-4 that totals 24,380 homes. She stated the first step in finalizing this program is amending this ordinance that would allow the haulers to pick up something larger than 50 gallons or 50 pounds, which they have agreed to do.
Commissioner Carey stated they had hoped to use the $20,000 grant from the FWC to put an educational piece out to the public. She advised the FWC told her they want the County to utilize their funds to offset the cost to the consumer. She thinks there is a need for the Board to take action from an educational standpoint and she would like to see the County take the $20,000 they were planning to spend from the grant out of their reserves at Solid Waste to create that educational piece and mail them to the 24,380 homes to educate them on what to do to keep themselves and their families safe and to direct them to their hauler.
Commissioner Carey stated she has a meeting scheduled on May 6th with the Markham Woods Homeowners’ Association where all the affected communities have been invited to talk about this program. She discussed the program that staff felt was the best option. Commissioner Carey requested the Board approve the
$20,000 from Solid Waste reserves as part of the ordinance. She feels that although there has been a lot of media coverage, this subject has not had the coverage of the educational piece of what the residents should be doing if they encounter a bear.
Commissioner Horan commended Commissioner Carey on her hard work on this issue. He stated there is a limit to the jurisdiction the County Commission has. They cannot regulate
wildlife, their activities, how they are managed, whether they are exterminated or not, or how they are kept away. He advised he wants a plan from the State of Florida on how they are going to address this public safety problem. He does not feel they can address it totally by using bear-proof garbage cans.
Commissioner Carey stated she believes the FWC is just as frustrated as some of the other people are. She advised that the bear population used to be contained around the Ocala National Forest, but it is continuing to move farther south. She stated there is no one, single solution, and the bears will walk from one neighborhood to the next, but there are things that people can do to keep themselves safe besides just keeping their garbage secure. She believes that most homeowners’ associations include garbage restrictions in their standard covenants and restrictions as an aesthetic issue.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt Ordinance #2014-21, as shown on page
, as amended, amending Chapter 235 of the Seminole County Code with updates regarding allowable sizes of residential garbage cans; and approve $20,000 from the reserves of the Solid Waste budget to send out an educational piece and an announcement of the new bear-proof garbage can program, as described in the proof of publication, Seminole County.
Under discussion and inquiry by Commissioner Constantine, Ms. Guillet confirmed there is a great deal of reserves in the Solid Waste budget and if they need additional funds, staff will bring the item back.
Upon inquiry by Chairman Dallari, Commissioner Carey stated they would be distributing the mailer to the 24,380 homes that are identified as being heavily populated with bear traffic.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Guillet advised that the legislative session was recessed last week for spring break and there has not been much activity. The “springs” bill is getting strike-all amendments and it was supposed to be heard by the Appropriations Committee in the Senate this morning. She stated that regarding the “Expressway Authority” bill, they haven’t reconciled the differences between the House and the Senate bill. She said it still has the proposed composition of the Board in the way that this Commission prefers.
Commissioner Constantine stated Chris Holley from the Florida Association of Counties (FAC) emailed the Board informing them the Department of Juvenile Justice (DJJ) was a dead issue.
Commissioner Horan stated he wanted the news media to be advised of the DJJ issue where the State of Florida owes the people of Seminole County $4.2 million for overcharges for juvenile detention over a number of years, and the County cannot get the State to appropriate the money so the taxpayers of the County are reimbursed the $4.2 million they are owed.
Chairman Dallari advised there have been two court cases regarding this issue and both times the Court agreed with the County’s lawsuit.
Chairman Dallari stated he received an email from the Medical Examiners Commission recommending reappointment for
District 23 Medical Examiner Dr. Marie A. Hermann. He advised the Seminole County Sheriff’s Department responded very favorably for reappointment. He said he asked all other police departments and cities and there have been no complaints.
The following Communications and/or Reports were received and filed:
1. Letter dated March 26, 2014, from Marva Johnson, Bright House Networks, to Chairman Robert Dallari RE: Upcoming programming changes to Bright House Networks customers.
2. Copy of letter dated April 1, 2014, from Chairman Robert Dallari to Diane Langston, Florida Department of Environmental Protection, RE: Seminole County Board of County Commissioners’ support for the construction of improvements to the Zoo Riverwalk Connector Trail Project.
3. Copy of letter dated April 8, 2014, from Chairman Robert Dallari to Anthony Foxx, U.S. Department of Transportation RE: Seminole County Board of County Commissioners’ support for the City of Oviedo’s application for funding from the U.S. Department of Transportation – Transportation Investment Generating Economic Recovery (TIGER 2014) Discretionary Grant Application entitled “The SR 426/CR 419 Phase 2 Road Widening Project.”
4. Copy of letters dated April 8, 2014, from Chairman Robert Dallari to Marco Rubio, U.S. Senate; John Mica,
U.S. House of Representatives; Bill Nelson, U.S. Senate; RE: Seminole County Board of County Commissioners’ request for support in protecting key federal programs and grant funding that provide viable opportunities to improve our local infrastructure, enhance job creation, and better serve our citizens.
5. Copy of letter dated April 8, 2014, from Chairman Robert Dallari to Randy Newlon, City of Casselberry, RE: Seminole County Board of County Commissioners’ vote to support the realignment of Triplet Lake Drive and the associated funding request to the City of Casselberry Community Redevelopment Agency (CRA).
6. Letter with attachment dated April 11, 2014, from Congressman John Mica, U.S. House of Representatives, to Chairman Robert Dallari RE: Preserving the Baldwin Park Veterans’ Facility.
7. Letter with attachment dated March 26, 2014, from Sean Snaith, University of Central Florida, to Chairman Robert Dallari RE: University of Central Florida’s
Institute of Economic Competitiveness’ quarterly economic forecast.
Commissioner Constantine expressed his excitement for the opening of SunRail on May 1st. He advised he attended the SunRail station tour in Altamonte Springs and Longwood.
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Commissioner Constantine stated he will be speaking at the Bear Lake Preservation Association on Thursday concerning the One-Cent Sales Tax. Also, tonight is Senior Night for the boys’ volleyball team from Lyman High School and they have been undefeated for two years. He advised tomorrow night they will play Winter Park, who is also undefeated.
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Commissioner Henley stated the difference of opinion as to the service for Altamonte Springs between LYNX and Florida Department of Transportation (FDOT) is still under negotiation.
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Commissioner Henley advised that at the Tourism Development Council (TDC) meeting, staff reported on their hosting of a group of business planners, since one of their goals for this year is to try and draw more business meetings to Seminole County. He stated he feels that staff should use a nicer vehicle when hosting an event.
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Commissioner Carey announced the SunRail station activities in Sanford will be held on April 30th, shortly after 8:00 a.m., speeches will begin at 8:30 a.m., and the train will be there with the dignitaries who will be speaking by 9:00 a.m.
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Commissioner Carey advised she had an opportunity to speak to the Sanford Regional Chamber of Commerce at the State of the City Luncheon on April 10th about the One-Cent Sales Tax, which was very well received. She stated the Greater Seminole Chamber took a vote of their membership and are in full support of the One-Cent Sales Tax.
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Commissioner Carey stated she and Chairman Dallari attended the Veterans’ Stand Down at the Florida Department of Health on Saturday, April 12th. There were 58 Veterans that attended and received service; and about a third wanted information about homelessness.
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Commissioner Carey stated on May 6th she will be speaking with the Markham Woods Homeowners’ Association and other groups in order to discuss bear issues, and also the proposal FDOT has for ramps at E.E. Williamson. She advised that FDOT was proposing to put more access points on I-4 into the hot lanes at
E.E. Williamson. She feels that once the community understands that it is only the express lanes, they will no longer be opposed to it.
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Commissioner Carey wished everybody a happy Earth Day.
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Commissioner Carey reminded everyone that Mother’s Day is on May 11th.
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Chairman Dallari stated he would like to address the fact that if you pay to renew your pet’s tag before the expiration
date, it changes the expiration date to the date of the payment. He asked staff to address this issue.
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Commissioner Horan advised that on April 9th he made a presentation to the MetroPlan Board on the issue of transition of transportation-disabled Medicaid users to Managed Care by the State and the problems that will generate. He distributed a copy of his presentation to the Board (received and filed) that includes contact information concerning who should be contacted if they have issues regarding this. He advised that because there is a transition to Managed Care, a lot of people who have been provided disabled transportation by LYNX will now need to use a different provider beginning August 1st. He stated there will be presentations on this transition at MetroPlan between April 21 and May 9.
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Commissioner Horan stated on April 11th, he filled in for Commissioner Henley at the Central Florida MetroPlan Orlando (MPO) Alliance meeting. He distributed a copy of the agenda of the meeting as well as the delegation report from each of the MPOs and a report on the coast-to-coast trail (received and filed).
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Commissioner Horan stated he attended the Hispanic Business Expo at the Orange County Convention Center for Chairman Dallari and there were over 200 exhibitors including a number from Seminole County. He stated they have had 25,000 attendees in the last two years. He advised that Orlando is the 17th largest
U.S. Hispanic market and the fastest growing U.S. Hispanic
market among the top-20 largest Hispanic markets in the nation.
He added that the Hispanic median age of 33 is 12 years younger than non-Hispanics.
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Commissioner Horan advised the Boys and Girls Club is going through their second major fundraising period. He distributed a brochure (not received and filed) that advertises their Celebrate the Children event that takes place at the Marriott World Center on May 16th. He advised there are many ways to contribute to the Boys and Girls Club of Seminole County.
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Commissioner Horan said it was his honor to represent the County at the news conference in downtown Orlando last week concerning the recognition of Child Abuse Prevention Month. He stated he was able to formally present the Proclamation to Ernest Hamilton of Kids House.
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Commissioner Horan stated this evening he will be speaking at the monthly meeting of the Young Republicans Club, the Oviedo Winter Springs Chamber of Commerce Breakfast, and the Suburban Republican Women’s Club Luncheon on the One-Cent Sales Tax.
Ms. Guillet requested authorization to transmit the Letter of Intent for the airport relative to the property swap in conjunction with the Sports Complex project.
The consensus of the Board was to authorize the transmittal of
the letter.
No report.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:24 p.m., this same date.
ATTEST: Clerk Chairman er/el