BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

January 8, 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, January 8, 2013, 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)

     Commissioner Lee Constantine (District 3)

     Commissioner Brenda Carey (District 5)

     Clerk of Circuit Court Maryanne Morse (late)

     County Manager Jim Hartmann

     County Attorney Bryant Applegate

     Deputy Clerk Eva Roach

 

     Absent:

     Vice Chairman John Horan (District 2)

     Commissioner Carlton Henley (District 4)

 

 

     Pastor Joseph Wendorph, Markham Woods Presbyterian Church, gave the Invocation.

     Commissioner Constantine led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to adopt appropriate Resolution #2013-R-1, as shown on page _________, recognizing Penny J. Fleming for 38 years of service and dedication to Seminole County Government and its citizens, and Seminole County Sheriff's Office upon her retirement on January 31, 2013.

     Districts 1, 3 and 5 voted AYE.

     The Resolution was presented to Chief Fleming, who addressed the Board to express her appreciation, stating she has been so fortunate to be a part of this County government.  She thanked Sheriff Eslinger for all the challenges and opportunities, and stated she would like to applaud her staff for making her job so much easier over the years.  She also would like to acknowledge her Executive Assistant, Susan Combs, as she has been by her side for 20 years and she appreciates her support and loyalty.

     Sheriff Don Eslinger addressed the Board to express his appreciation for Chief Fleming’s dedication over two decades as her leadership, commitment and dedication has dramatically enhanced the overall effort of not only law enforcement but corrections throughout and outside the borders of Seminole County.

     Chairman Dallari recessed the meeting at 9:50 a.m. and reconvened at 9:55 a.m.

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     Max Crumit, Orlando Orange County Expressway Authority (OOCEA) Executive Director, addressed the Board to give an update on the OOCEA 2040 Master Plan.  He displayed a PowerPoint Presentation (received and filed) and began by reviewing the Agenda relating to Master Plan 2030, Master Plan 2040 and Regional Tolling Authority (RTA).  He displayed and reviewed maps of SR 528 “Bee Line” (opened in 1967); the SR 417 “Greenway” Expansion 1990 & 1993; and the Expressway System Today.  He continued by reviewing the Master Plan 2030; Master Plan 2040 Options; Master Plan 2040; Master Plan 2040 Message to Stakeholders; Enter the Regional Tolling Authority (RTA-I) Legislative Proposal; Early Feedback from Stakeholders; Enter RTA-II Alternative; What RTA-II Could Include, What it Would Consider and What it Would Require; Intended Goal of RTA-II; and RTA Alternatives.  He stated the status today is a Board Workshop scheduled to analyze the options and proposed alternatives on January 10, 2013, and they have continued to meet with Stakeholders.  The purpose of the workshop is to discuss the two RTA alternatives and long-term strategy of the Expressway Authority.  During that time, feedback and direction will be provided so they can communicate to the Senators and other legislators this coming session.

     Upon inquiry by Commissioner Carey, Mr. Crumit advised he expects several public and private individuals to attend the January 10 workshop.  He stated he received word today that Senators Gardiner and Simmons will have representatives at that workshop.  He stated he will be presenting to the OOCEA the intake that he received during the meetings he has had over the last three months with Commissioners Carey and Dallari and Osceola County representatives. 

     Commissioner Carey stated she did not support giving Seminole County’s authority to the Orange County Expressway Authority.  She indicated that she feels building toll facilities is appropriate; but if they are building roads in Seminole County, she feels that the County should have a voting position on the OOCEA so that they can represent the people they have been elected to represent.

     Chairman Dallari stated he supports the Wekiva Parkway as well as a Regional Authority.  He said he feels it is important that it is opened up to Lake County and that each one of the counties has an equal representation on that board.  He added they are looking for and striving for the Regional Authority to take place in years to come and it needs to involve Osceola, Orange, Seminole and Lake Counties. 

COUNTY MANAGER’S CONSENT AGENDA

     Jim Hartmann, County Manager, requested that Item #18, Change Order #3 to CC-8003-12, be pulled from the agenda.  He stated that item will be brought back at a later date.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to authorize and approve the following:

Community Services

Community Assistance Division

2.  Approve and authorize the Chairman to execute the Seminole County Homeless Services Network, Harvest Time International, Inc., Homeless Management Information System (HMIS) Participation Agreement, as shown on page ________, which will provide statistical data relative to homeless persons and households in the central Florida area.

 

Economic & Community Development Services

Planning & Development Division

3.  Adopt appropriate Resolution #2013-R-2, as shown on page _________, vacating and abandoning the platted 7.50-foot utility and drainage easement on Lot 26, Tuscawilla Ridge, according to the plat thereof, as recorded in Plat Book 26, Page 77, of the Public Records of Seminole County, Florida, further described as 1155 Saddlehorn Circle, William H. & Susan S. Morrison.

4.  Authorize the Chairman to execute a Satisfaction of Lien, as shown on page _________, in the amount of $1,004.11 associated with the property located at 163 Killarney Court, Lake Mary, Florida; Tax Parcel #10-20-29-502-0000-0020; filed against Edward and Catherine Brooks.

5. Authorize the Chairman to execute the Release of Lien, as shown on page _________, for Case No. 09-82-CEB, on 7331 W. Houston Avenue, Winter Park, Tax Parcel #35-21-30-506-0000-0070, previously owned by Susan Revis and currently owned by Federal National Mortgage Association.

6.  Authorize the Chairman to execute the Release of Lien, as shown on page ________, for Case No. 11-108-CEB, on 168 Promenade Circle, Lake Mary, Tax Parcel #12-20-29-511-0000-0540, previously owned by Janet Cronsteat and currently owned by Wells Fargo Bank.

7.  Authorize the Chairman to execute the Release of Lien, as shown on page __________, for Case No. 11-130-CEB, on 2344 Palm Drive, Oviedo, Tax Parcel #34-20-31-300-0180-0000, currently owned by Fredrick M. & Theresa Rose.

 

 

Environmental Services

Business Office

8.  Approve the Release of the original Maintenance Bond for Water & Sewer Facilities (Bond #929485561) for the project known as Aloma Walk in the amount of $8,041.24, Aloma Walk Commercial Venture LLC.

9.  Approve and authorize the Chairman to execute the Seminole County and Sanlando Utilities Corporation Wholesale Water Service Agreement, as shown on page ________, for the Meredith Manor Service Area.

 

Leisure Services

Parks & Recreation Division

10.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-3, as shown on page ________, naming the Library at the Museum of Seminole County History in honor of Lorraine Yarborough Whiting.

 

Resource Management

Budget and Fiscal Management Division

11.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-4, as shown on page _________, implementing Budget Amendment Request (BAR) #13-028 through the General Fund and Infrastructure Improvements/Capital Projects Fund to reduce the reimbursement transfer from the Infrastructure Improvements/Capital Project Fund to the General Fund for prior year (FY 2011/12) expenditures related to the Communication Tower Replacement and Radio System P25 Upgrade projects, and to appropriate $75,900 in additional carryforward funding.

12.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-5, as shown on page _________, implementing Budget Amendment Request (BAR) #13-029 through the Public Safety Grants Fund in the amount of $1,254,326, to allocate grant funds from the State of Florida Division of Emergency Management for Hurricane Shelter Retrofit Projects and establish the School Shelter Retrofit Project (#70055624W).

13.  Approve and authorize the Chairman to accept the VOTE Program Grant Award in the amount of $11,924 from the Department of State/Division of Elections to assist in satisfying accessibility requirements at voting locations for individuals with disabilities, and to execute appropriate Resolution #2013-R-6, as shown on page __________, implementing Budget Amendment Request (BAR) #13-030 in the amount of $11,924, through the General Fund, to recognize and appropriate the grant funding.

14.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-7, as shown on page _________, implementing Budget Amendment Request (BAR) #13-032 through the Facilities Maintenance Fund to create the Public Safety Building Parking Lot Improvement within the Proactive Maintenance Family, and appropriate $40,000 necessary for the project to be completed.

15.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-8, as shown on page _________, implementing Budget Amendment Request (BAR) #13-033, totaling $4,000,000 in the Public Works Grant Fund and 2001 Infrastructure Sales Tax Fund to recognize grant revenue and establish grant budget for the Red Bug Lake Road Interchange project. This grant revenue is replacing project funds that are currently budgeted in the 2001 Infrastructure Sales Tax Fund and will be moved to reserves.

16. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-9, as shown on page _________, implementing Budget Amendment Request (BAR) #13-034 through the 2001 Infrastructure Sales Tax Fund to increase funding using reserves for the SR 400/I-4 at SR 46 Mast Arm Project in the amount of $60,014.

17.  Approve and authorize the Chairman to execute Service Provider Agreements, as shown on page _________, for the following:  Hope and Help Center; New Life Connections; Harvest Time International; and Florida Safety Council, for required support of the FY 2012-13 Adult Drug Treatment Court Expansion and Enhancement Grant.

Purchasing & Contracts Division

18.  Pulled from the agenda request to approve Change Order #3 to CC-8003-12/AMM - Five Points UPS & Generator Replacement with Computer Power Systems, Inc. of Winter Springs, Florida in the amount of $12,285; add an additional forty-five (45) calendar days to Substantial Completion.

19.  Award BID-601583-12/TLR, as shown on page _________,  Curtain Window Wall Anchor Replacement Agreement for the Civil Courthouse to Shoemaker Construction Company, Inc., Sanford; authorize the Purchasing and Contracts Division to execute the agreement; and authorize the issuance of the Purchase Order in the amount of $165,540.

 

     Districts 1, 3 and 5 voted AYE.

COUNTY ATTORNEY’S CONSENT AGENDA

     Agreement between Seminole County and Southeast Seminole Civil Association, Inc., d/b/a Chula Vista Homeowners Association for maintenance of road signs was presented.

     Commissioner Carey stated she has concerns with setting a precedent with this request.  She stated she has researched the Chula Vista agreement and it was for road restoration.  The agreement indicates that the County would pave the roads in that area.  It does not speak about road signs and these are private roads.  The fact that these are private roads, even though they are in the County’s maintenance system, she wondered whether it really is the County’s responsibility to maintain signs, etc.  She stated her biggest concern is if the County starts maintaining road signs, then other private road subdivisions will come to the Board asking for the same thing.  She said many of the subdivisions that have private roads are gated and many are not.  The association did not have a mandatory association and many of the roads they are encountering are from subdivisions that were created in the early 1970’s.  She stated she believes there is a vehicle in the association that can maintain the private roads.  She added she feels that for the County to start taking on the responsibility of maintaining private roads or signs is a slippery slope.

     At the request of Chairman Dallari, Bryant Applegate, County Attorney, stated this issue came up during a Commissioner’s report and staff was asked to meet with the Homeowner’s Association President to see if there is a way to resolve issues concerning street signs and what was done several years ago with the MSBU.  This agreement indicates that the Homeowners’ Association pays for the signs, pays for the installation of the signs, and uses the company that maintains the County signs.  He stated he has met with the president of the Homeowners Association to go over other issues as well as going over several years’ worth of documents.  The ownership of the roads remains in the Association and the County has an easement to maintain the roads.  There is a question of whether a deed was conveyed to the County for the ownership of the roads and that is something staff is working on. 

     Chairman Dallari stated if the County is maintaining the roads, then he feels that signs are part of those requirements. 

     Commissioner Carey stated she doesn’t want to do something that would compound the County in the future.  She said she would like to think through this before they get into an agreement that would say they are going to do this. 

     Chairman Dallari stated the County Attorney’s office is researching the ownership of the actual road, but in the agreement, it clearly states that the County is maintaining the roads.

Commissioner Carey added the agreement does not speak to the signs.  The County does not maintain most private roads in the county.  She added she feels it is a slippery slope by saying they are going to maintain the signs.  

     Upon inquiry by Commissioner Carey, Brett Blackadar, County Engineer, addressed the Board to advise he does not know if the County maintains road signs in their maintained roads system for emergency situations.  He stated most of those roads have very limited signage because they are dirt roads. 

     Commissioner Carey requested continuing this item to the next meeting.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to continue to January 22, 2013, request to approve Agreement between Seminole County and Southeast Seminole Civic Association, Inc. d/b/a Chula Vista Homeowners Association for Maintenance of Road Signs.

     Districts 1, 3 and 5 voted AYE.

     Chairman Dallari stated there is a difference between County-maintained roads and County-maintained roads for emergency purposes only.  Mr. Blackadar stated the County does maintain the signs on all County-maintained roads, but the emergency maintained is the question he is not sure about. 

CONSTITUTIONAL OFFICERS CONSENT AGENDA

     Motion by Commissioner Carey, seconded by Commissioner Constantine to authorize and approve the following:

21.  Approval of Expenditure Approval Lists, as shown on page _________, dated November 19, 26 and December 3, 10, and 17, 2012; and Payroll Approval Lists, as shown on page _________, dated November 21 and December 6, 2012; approval of BCC Official Minutes dated November 13 and 27, 2012; and, noting, for information only, the following Clerk’s “received and filed”:

1.    Resolution #2012-R-223, as shown on page _________, appointing Kathy Veon to the Planning and Zoning Board, as approved by the BCC on November 13, 2012.

 

2.    PS-7643-12 Agreements, as shown on page _________, with AMEC Environmental and Infrastructure, Inc. and Southeastern Surveying and Mapping Corporation, as approved by the BCC on August 28, 2012.

 

3.    Maintenance Bond, as shown on page _________, for Water & Sewer Facilities for the project known as McDonald’s in the Lake Mary Westin subdivision.

 

4.    Fully executed Cooperative Agreement, as shown on page __________, between the Board of Trustees of the University of Illinois on behalf of the National Atmospheric Deposition Program at the Illinois State Water Program Office and Seminole County Public Works Department for the monitoring sites known as FL32 (Orlando).

 

5.    Training Provider Agreements, as shown on page __________, for Program Year 2012-2013 with Truck Driver Institute of Florida, Inc. and The Lighthouse Medical Academy.

 

6.    Amendments #4, as shown on page _________, to CC-1284-06:  Central Florida Environmental Corporation; Stage Door II, Inc.; AJC Construction, LLC; and Conpilog International Company.

 

7.    IFB-601516-12, Term Contracts, as shown on page __________, with Midwest Medical Supply Company, LLC and Bound Tree Medical, LLC.

 

8.    Work Order #28, as shown on page _________, to PS-2249-07.

 

9.    Change Order #4, as shown on page _________, to Work Order #19 to CC-2183-07.

 

10.    Closeout, as shown on page __________, of Work Order #19 to CC-3321-10.

 

11.    Amendment #4, as shown on page __________, to Work Order #19 to PS-2564-07.

 

12.    M-8230-12, Agreement, as shown on page __________, with Nodarse & Associates, Inc.

 

13.    Amendment #1, as shown on page __________, to Work Order #15 to PS-5438-10.

 

14.    Work Order #2, as shown on page _________, to RFP-CS01-12.

 

15.    Work Order #96, as shown on page _________, to PS-5120-02.

 

16.    Change Order #1, as shown on page __________, to CC-7968-12.

 

17.    Amendment #2, as shown on page __________, to Work Order #89 to PS-5120-02.

 

18.    Change Order #5, as shown on page __________, to CC-6893-11.

 

19.    Change Order #5, as shown on page __________, to Work Order #24 to CC-2183-07.

 

20.    Work Orders #8 and #9, as shown on page __________, to PS-4736-09.

 

21.    Change Order #2, as shown on page __________, to Work Order #2 to RFQ-5888-10.

 

22.    Amendment #5, as shown on page __________, to Work Order #19 to PS-2564-07.

 

23.    Closeout, as shown on page _________, to CC-5627-10.

 

24.    Amendment #3, as shown on page _________, to Work Order #10 to PS-5438-10.

 

25.    Work Orders #47, #48 and #49, as shown on page __________, to CC-2184-07.

 

26.    Amendment #8, as shown on page __________, to Work Order #1 to PS-4906-09.

 

27.    Amendment #1, as shown on page __________, to Work Order #91 to PS-1529-06.

 

28.    Amendment #1, as shown on page __________, to Work Order #32 to PS-3914-08.

 

29.    Amendment #9, as shown on page _________, to Work Order #2 to PS-4736-09.

 

30.    Work Order #2, as shown on page _________, to PS-6487-11.

 

31.    Amendment #1, as shown on page _________, to Work Order #1 to PS-6487-11.

 

32.    Work Order #82, as shown on page _________, to CC-1284-06.

 

33.    Change Order #2, as shown on page _________, to CC-7968-12.

 

34.    Amendment #1, as shown on page __________, to Work Order #9 to PS-2051-07.

 

35.    Amendment #5, as shown on page _________, to Work Order #5 to PS-2051-07.

 

36.    Amendment #1, as shown on page _________, to Work Order #13 to PS-2468-07.

 

37.    Change Order #4, as shown on page _________, to CC-6877.

 

38.    Amendment #2, as shown on page _________, to Work Order #30 to PS-4388-09.

 

39.    Change Order #1, as shown on page _________, to Work Order #13 to CC-5075-10.

 

40.    Change Order #1, as shown on page _________, to Work Order #77 to CC-1284-06.

 

41.    Change Order #1, as shown on page ________, to Work Order #78 to CC-1284-06.

 

42.    Second Amendment, as shown on page ________, to IFB-601294-11.

 

43.    Amendment #4, as shown on page _________, to Work Order #11 to M-5004-09.

 

44.    Work Orders #51, #52, #53, #54 and #55, as shown on page _________, to RFP-5465-10.

 

45.    Change Order #2, as shown on page ________, to Work Order #12 to CC-5075-10.

 

46.    Change Order #1, as shown on page ________, to CC-7945-12.

 

47.    Amendment #2, as shown on page _________, to Work Order #80 to PS-1529-06.

 

48.    Change Order #1, as shown on page ________, to Work Order #28 to CC-2183-07.

 

49.    Amendment #1, as shown on page _________, to Work Order #35 to PS-4388-09.

 

50.    Amendment #1, as shown on page ________, to Work Order #1 to RFP-7423-12.

 

51.    Amendment #1, as shown on page ________, to Work Order #3 to RFP-7423-12.

 

52.    Amendment #1, as shown on page ________, to M-8230-12.

 

53.    Amendment #2, as shown on page ________, to M-4875-09.

 

54.    Assignment, as shown on page ________, of M-4875-09 to CH2M Hill Engineers, Inc.

 

55.    Third Amendment, as shown on page ________, to IFB-600464-08.

 

56.    First Amendment, as shown on page ________, to RFP-601340-12.

 

57.    Work Order #27, as shown on page _________, to PS-2564-07.

 

58.    Amendment #2, as shown on page ________, to Work Order #87 to PS-1074-06.

 

59.    Closeout, as shown on page ________, to Work Order #11 to CC-5075-10.

 

60.    Amendment #1, as shown on page ________, to Work Order #7 to PS-5187-05.

 

61.    Amendment #3, as shown on page ________, to Work Order #30 to PS-4388-09.

 

62.    Eighth Renewal Amendment and Restatement, as shown on page ________, of Volusia County Interlocal Agreement for Medical Examiner, as approved by the BCC on July 24, 2012.

 

63.    Third Amendment, as shown on page ________, to IFB-601114-11.

 

64.    Warranty Deed, as shown on page ________, for Parcel #32-19-31-300-0070-0000 between Seminole County and St. James House of Prayer of the Apostolic Faith, Inc.

 

65.    Utility Agreements, as shown on page ________, for Water & Sewer Service with Renzulli Properties, LLC for project High Reach II.

 

66.    Utility Agreements, as shown on page ________, for Water Service with Dilip Shah Trustee of Jain Society for project Jain Society of Central Florida.

 

67.    Bill of Sale, as shown on page ________, accepting Potable and Reclaimed Water for project McDonald’s USA, LLC.

 

68.    Development Orders, as shown on page ________, as follows:  Acosta, #12-30000062; Crown Oak Centre Condominium Association, Inc., #12-30000077; Delzingaro, #12-30000087; Fernandez, #12-30000081; Iannelli, #12-30000076; McClenathan, #12-30000083; O’Neill, #12-30000078; Oxford RKP, Inc., #12-30000085; Prusia, #12-30000082; and Webster, #12-30000088.

 

69.    Amendment #2, as shown on page ________, to Work Order #35 to PS-4388-09.

 

70.    Amendment #1, as shown on page ________, to Work Order #4 to PS-5107-01.

 

71.    IFB-601528-12, as shown on page ________, American Backflow Testing, Inc. for Commercial Backflow Prevention Control Program.

 

72.    Notices to Proceed, as shown on page ________, for Work Orders #47, #48 and #49 to CC-2184-07.

 

73.    Amendment #1, as shown on page ________, to Work Order #2 to RFP-7423-12.

 

74.    Amendment #1, as shown on page ________, to Work Order #4 to RFP-7423-12.

 

75.    Amendment #1, as shown on page ________, to Work Order #12 to PS-2468-07.

 

76.    First Amendment, as shown on page ________, to IFB-601461-12, Florida Cleaning Systems, Inc.

 

77.    Fifth Amendment, as shown on page ________, to IFB-600537-08, Adapco, Inc.

 

78.    AAA School of Dental Assisting Training Provider Agreement, as shown on page ________, Program Year 2012-2013, as approved by the BCC on December 13, 2011.

 

79.    Intergovernmental Cooperative Agreement, as shown on page ________, Contract and By-Laws for Public Risk Management of Florida as amended and restated through December 12, 2012.

 

80.    Letters of Appointment and Reappointment as follows:  Taylor Pancake to Workforce Central Florida Board of Directors; Keylor Chan to MetroPlan Transportation Study Citizens Advisory Committee; Marie-Jose Francois and David Apfelbaum to Local Health Planning Council; Keith Weissman as Sheriff’s Representative to Seminole County Animal Control Board; and Terri Fish and Michael Sasso to Law Library, Fred R. Wilson Memorial Board of Trustees.

 

81.    Enclave at Aloma Final Plat Title Opinion, as shown on page ________, dated September 20, 2012; Performance Bond, as shown on page ________, for Water & Sewer Systems in the amount of $688,150.54; Performance Bond, as shown on page ________, for Roads, Streets & Drainage in the amount of $1,170,956, per final plat approval by the BCC on December 11, 2012.

 

82.    Reserve at Alaqua Final Plat Title Opinion, as shown on page ________, dated November 30, 2012; Performance Bond, as shown on page ________, for Water & Sewer Systems in the amount of $450,464; Performance Bond, as shown on page ________, for Roads, Streets & Drainage in the amount of $1,183,918, per final plat approval by the BCC on December 11, 2012.

 

83.    Bids as follows:  Additional bids for RFQ-601545-12; PS-8054-12; BID-601583-12; IFB-601567-12; RFP-8035-12; CC-8149-12; RFQ-601593-12; IFB-601534-12; IFB-601551-12; IFB-601553-12; IFB-601566-12; and IFB-601552-12.

 

     Districts 1, 3 and 5 voted AYE.

REGULAR AGENDA

     Steve Fussell, Organizational Development, addressed the Board to present request to adopt a Resolution enacting new Section 20.1 of the Seminole County Administrative Code establishing the initial convenience fees for credit and debit card payments, and to develop policies and procedures necessary to facilitate acceptance of debit and credit card payments for County imposed fees, charges and services.  He stated he has attached the proposed County Manager’s policies that show the drilldown on the specifics and how those will be managed.

     Commissioner Carey stated she is looking forward to getting started with this and getting a few months of history under their belt to see where they can come back to amend this so they can accept the bigger picture, things like plans review and permit fees paid on line.

     Motion by Commissioner Constantine, seconded by Commissioner Carey to adopt appropriate Resolution #2013-R-10, as shown on page ________, enacting new Section 20.1 of the Seminole County Administrative Code establishing the initial convenience fees for credit and debit card payments, and authorize the County Manager, in consultation with the Clerk, to develop policies and procedures necessary to facilitate acceptance of debit and credit card payments for County-imposed fees, charges and services.

     Districts 1, 3 and 5 voted AYE.

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     Liz Parkhurst, Planning and Development, addressed the Board to present request to approve a reduction to the Code Enforcement Board lien from $120,050 to $1,200.50, for Case numbers 09-21-CEB, 11-62-CEB and 11-63-CEB, on property located at 701 Palm Springs Drive, Altamonte Springs, John M. Slade (previous owner), Federal Home Loan Mortgage Corporation (current owner), Eric L. Bronfeld, Esq.  She reviewed the background timeline of the violations as noted in the agenda memorandum.  She stated staff recommends denial of the reduction and that the staff report be made part of the record.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to deny request to reduce the Code Enforcement Board lien from $120,050 to $1,200.50, for Case numbers 09-21-CEB, 11-62-CEB and 11-63-CEB, on property located at 701 Palm Springs Drive, Altamonte Springs, John M. Slade (previous owner), Federal Home Loan Mortgage Corporation (current owner), Eric L. Bronfield, Esq.

     Districts 1, 3 and 5 voted AYE.

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     Lee Ricci, Human Resources, addressed the Board to request authorization for the County Manager to implement the Voluntary Early Retirement/Transition Incentive Program.  She read the old language that excludes employees in the DROP program and stated that was not the intent.  She stated that this sentence has been removed from the agreement.  The proposed agreement now provides for DROP participants to participate in the program.  She added that the age eligibility requirement has been corrected to 64.  The intent of the program has not changed.  This program is a limited-time opportunity and will end on January 31 and it may be considered again during the next budget cycle at the discretion of the County Manager.  Staff recommends approval of the Voluntary Early Retirement/Transition Incentive Program to supersede the previously-approved program and corresponding agreement, to authorize the County Manager to implement the program, and to authorize the release of funds to Chuck Barcus and Linda Newman in accordance with the amended agreement.

     Chairman Dallari stated he feels this is a good program as it will save the County money.  He said he would like something in the verbiage about backfilling a position.

     Commissioner Carey stated she doesn’t have a problem adding the DROP language to the current policy for voluntary early retirement.  She stated this expands into a transitional incentive program and she is not in favor of making that change at this time.  This is a program that will expire at the end of January until it is discussed again by this Board.  She said she doesn’t have a problem looking at something that is in addition to a voluntary early retirement transitional incentive program.  She added she doesn’t have a problem releasing the funds to the two employees who were in DROP as it was the intent.  She said she would like to see a written policy that the position is not going to be backfilled, what the dollar recommendation is, and how this is going to be evaluated. 

     With regard to backfilling, Chairman Dallari stated he doesn’t want a person coming into a position with the same pay grade as the person that has left.  Olga Sanchez de Fuentes, Assistant County Attorney, addressed the Board to state staff can draft something in the language to prevent that from happening.

     Mr. Hartmann stated he hears the Board’s concerns and he will share the results of the application period with the Board. 

     Commissioner Carey stated there may be times where an employee is not near retirement age but the County may want to offer an incentive in order to get them to resign rather than laying them off or terminating their position.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to Amend the language of the existing Voluntary Early Retirement/Transition Incentive Program to include candidates in DROP; to make the eligible age 64; and direct the County Manager to come up with a written policy of how the program is going to be implemented along with verbiage about backfilling a position.

     Districts 1, 3 and 5 voted AYE.

- - -

     Motion by Commissioner Carey, seconded by Commissioner Constantine to authorize the release of funds to Chuck Barcus and Linda Newman in accordance with the amended agreement.

     Districts 1, 3 and 5 voted AYE.

COUNTY MANAGER AND STAFF BRIEFINGS

     The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2012/13. 

COUNTY ATTORNEY BRIEFING

     Mr. Applegate stated he sent a copy of a memo to the Board indicating that Deputy County Attorney Lynn Porter-Carlton was successful in having a Federal lawsuit dismissed that was filed by a prisoner.  There is a part of the complaint that the Federal Court is allowing, if the prisoner chooses, which is to amend the complaint and re-file, but his office was able to get this suit dismissed. 

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     Chairman Dallari recessed the meeting at 10:32 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with Commissioner John Horan in attendance, with the exception of Clerk of Court Maryanne Morse who was absent, and Deputy Clerk Eva Roach who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Carey, 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 and 5 voted AYE.

 

PUBLIC HEARINGS

VANTAGE POINT PCD MAJOR

AMENDMENT AND REZONE/

Monroe Investments, LLC

 

     Proof of publication, as shown on page ______, calling for a public hearing to consider a request for a Major Amendment to an existing PCD and associated Rezone from A-1 (Agriculture) and PCD (Planned Commercial Development) to PD (Planned Development) for 9.67 acres located on the west side of Monroe Road, east of N. Elder Road, and approximately 0.5 miles north of W. SR 46; Monroe Investments, LLC, received and filed.

     Cynthia Sweet, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum.  Ms. Sweet stated the Applicant is requesting approvals including consideration of the revised Master Development Plan and an Addendum to the existing Development Order for Vantage Point PCD.  The purpose of the Major Amendment is to combine 0.58 acres with the existing 9.38 acres within the Vantage Point PCD, for a total of 9.67 acres, to provide supplemental parking for the overall development. 

She stated the proposed rezone is consistent with the Seminole County Comprehensive Plan.  Staff recommends approval of the request and that staff’s report be made part of the record.

John Herbert, American Civil Engineering Company, addressed the Board on behalf of the Applicant to state they concur with staff’s recommendation.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Horan, to approve the Vantage Point PCD Major Amendment, including the revised Master Development Plan and an Addendum to the Revised and Restated Development Order, as shown on page ______; and adopt Ordinance #2013-1, as shown on page ______, enacting a Rezone for A-1 (Agriculture) and PCD (Planned Commercial Development) to PD (Planned Development) for 9.67 acres, located on the west side of Monroe Road, east of N. Elder Road, and approximately 0.5 miles north of W. SR 46, as described in the proof of publication; Monroe Investments, LLC.

     Districts 1, 2, 3 and 5 voted AYE.

HIGHWAY AT BRISSON AVENUE

RIGHT-OF-WAY VACATE/

Serengeti Properties, LLC

 

     Proof of publication, as shown on page ______, calling for a public hearing to consider a request to vacate and abandon a public right-of-way known as “Highway”; located between Brisson Avenue and Ingram Avenue in Palm Hammock, PB 1 PG 104-105, approximately 0.25 miles north of Pineway, Sanford; Serengeti Properties, LLC, received and filed.

Denny Gibbs, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum.  She advised that Serengeti Properties, LLC is developing a residential subdivision within the City of Sanford and the county right-of-way is in the center of their proposed project.  As a condition of the vacate, the Applicant has conveyed additional right-of-way for both Brisson Avenue and Pineway, as required by Public Works.  The request complies with the Land Development Code requirements for vacating a right-of-way and staff is recommending approval of the request.

Attorney Barry Walker, Walker Barry-Walker & Tudhope, addressed the Board on behalf of the Applicant to state they concur with staff’s recommendation.

Melonie Beadling, 2432 Chase Avenue, addressed the Board to state she is representing her mother, Doris Foltz.  She voiced her concerns regarding the abandonment of “Highway” because it is an access for the Audubon Society for the bird count.  Otherwise, she stated, they would have to go to the property owner for permission to access the area and there is an eagle’s nest located there.  Also, she stated that the land located there is platted with irrigation systems and tiles, and it is ditched and drained.  If these systems are removed, the entire wetness and dryness of the property will be affected.  She stated there is an upland wetland where the eagle’s nest is located.  Also she noted there is an old railroad track and bridge and she was unsure if that had been officially abandoned.  She added there had been discussion to include that in the Florida Trail System.

Tracy Sanford, 3841 S. Brisson Avenue, addressed the Board to state the tiles have already been bulldozed in the area behind the property where she resides and it has caused about six to eight inches more flooding, and the property no longer drains the way it is supposed to.  She stated she believes there would be an additional three to six inches of water if the tiles are damaged off “Highway”.  Her grandmother’s house is not raised and she thinks the water would go into the house during a storm.

Ms. Sanford stated she previously resided across the street and needed to use “Highway” to access that property.  In addition, along “Highway” at South, she said she counted 16 gopher turtle nests and 11 on the 5 acres that she was renting then and would like that taken into consideration.

Attorney Walker stated the concerns raised are probably more properly brought in front of the City of Sanford when they go in for the final subdivision development plan.  Also, the St. Johns River Water Management District (SJRWMD) will deal with the issue of stormwater runoff to ensure that flooding does not occur on the neighboring lands.  He further stated that the only item currently before the Board is the vacation of a substandard right-of-way which cannot be used as a road; it is on the plat as a right-of-way, but there is no real road there.  He further stated that adequate provision has already been made along Brisson Avenue and other rights-of-way for ingress/egress and his client owns all the property surrounding the right-of-way, and no one is affected by the abandonment of that right-of-way other than his client.  He stated he was unaware there was a live eagle’s nest but that would definitely be dealt with along with the gopher tortoises.

Chairman Dallari reiterated they are only discussing the vacation of the right-of-way and his concern was about access to the property which Attorney Walker addressed.

Commissioner Carey stated that staff could talk with the residents after the meeting regarding how the gopher tortoises are dealt with from a legal perspective because there are federal, environmental laws in place that protect eagles, gopher tortoises and any endangered species.  Also, staff can explain how the drainage issues have been dealt with in that area as development has occurred. 

Chairman Dallari requested that Ms. Gibbs talk with the concerned citizens regarding the issues stated above.

Upon inquiry by Commissioner Constantine regarding access to the property, Ms. Gibbs pointed out on the Site Plan the area of vacate and the surrounding property owned by Serengeti Properties which is part of the development that is planned.

Per Commissioner Carey’s request, Ms. Gibbs also pointed out the “Highway” right-of-way.  She confirmed that Serengeti Properties has been in discussions with the City of Sanford and they have been working on this project for approximately four years.

Upon inquiry by Commissioner Horan, Ms. Gibbs stated this property owner has conveyed additional rights-of-way for Brisson and Pineway and confirmed the requirements for the rights-of-way have been met.

No one else spoke in support or in opposition.

Speaker request forms were received and filed.

Commissioner Horan advised the County only has jurisdiction of the vacation of the right-of-way and that all of the development and environmental concerns will need to be addressed with the City of Sanford and the SJRWMD.

     Motion by Commissioner Horan, seconded by Commissioner Carey, to approve Resolution #2013-R-11, as shown on page ______, vacating and abandoning a public right-of-way known as “Highway”; located between Brisson Avenue and Ingram Avenue in Palm Hammock, PB 1 PG 104-105, Section 17, Township 20 S, Range 31 E, as described in the proof of publication; Serengeti Properties, LLC.

     Districts 1, 2, 3 and 5 voted AYE.

 

 

 

DOUGLAS GRAND AT LAKE MARY PUD

fka LAKE FORREST MAJOR AMENDMENT

& REZONE/J. Steven Schrimsher

 

     Proof of publication, as shown on page ______, calling for a public hearing to consider a request for a Major Amendment and associated Rezone from PUD (Planned Unit Development) to PD (Planned Development) for 22.65 acres located on the east side of N. Oregon Street, approximately 0.75 miles north of W. SR 46; J. Steven Schrimsher, received and filed.

     Brian Walker, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum.  The Applicant is requesting these approvals to reduce the land area of the Douglas Grand at Lake Mary PUD from 26.80 acres to 22.65 acres.  The owner of the property has sold 4.16 acres of land for incorporation into the adjacent Silverleaf PUD.  The Planning & Zoning Commission and County staff recommend approval of the request.

     District Commissioner Carey advised that the next item on the agenda for consideration is the Silverleaf Park PUD which will take that 4.16 acres into that as part of the process.

David Stokes, Madden Moorhead & Glunt Engineering, addressed the Board on behalf of the Applicant to state they concur with staff’s recommendation.

No one else spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Horan, to approve the Douglas Grand at Lake Mary PUD Major Amendment and the Amended and Restated Development Order, as shown on page ______, and adopt Ordinance #2013-2, as shown on page ______, enacting a Rezone from Planned Unit Development (PUD) to Planned Development (PD) for 22.65 acres located on the east side of N. Oregon Street, approximately 0.75 miles north of W. SR 46, as described in the proof of publication, J. Steven Schrimsher.

     Districts 1, 2, 3 and 5 voted AYE.

SILVERLEAF PARK PUD

MAJOR AMENDMENT & REZONE/

George Glance

 

     Proof of publication, as shown on page ______, calling for a public hearing to consider a request to approve the Silverleaf Park PUD Major Amendment and the Third Amended and Restated Development Order; and a Rezone from Planned Unit Development (PUD) to Planned Development (PD), for 32.40 acres located on the east side of N. Oregon Street, approximately 0.75 miles north of W. SR 46; George Glance, received and filed.

     Mr. Walker presented the request as outlined in the agenda memorandum.  He reiterated that the request is to increase the land area of the existing Silverleaf Park PUD from 28.25 acres to 32.40 acres.  The Planning & Zoning Commission and County staff recommend approval of the request.

     Commissioner Carey confirmed with Mr. Walker that there are a couple of new conditions and one is the interconnectivity with this project to the north.

David Stokes stated on behalf of the Applicant that they concur with staff’s recommendation.

No one else spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Horan, to approve the Silverleaf Park PUD Major Amendment and the Third Amended and Restated Development Order, as shown on page ______; and adopt Ordinance #2013-3, as shown on page ______, enacting a Rezone from Planned Unit Development (PUD) to Planned Development (PD), for 32.40 acres located on the east side of N. Oregon Street, approximately 0.75 miles north of W. SR 46, as described in the proof of publication; George Glance.

     Districts 1, 2, 3 and 5 voted AYE.

APPLE VALLEY WATER

TREATMENT PLANT REZONE/

Seminole County

 

     Proof of publication, as shown on page ______, calling for a public hearing to consider a request to Rezone from the R-1AA (Single-Family Residential) district to the PLI (Public Lands and Institutions) district for 0.35 acres located on the north side of W. Hillcrest Street, approximately 0.25 miles west of Douglas Avenue; Seminole County, received and filed.

     Kathy Hammel, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum.  She explained this is an existing Seminole County facility that is currently located in R-1AA, single-family zoning classification, and they would like to rezone the property to PLI, Public Lands and Institutions, to give it the appropriate zoning classification for the current use.  The Planning & Zoning Commission recommends approval.  Staff recommends approval and that the staff report be made part of the public record.

     No one spoke in support or in opposition.

     Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt the Ordinance #2013-4, as shown on page ______, enacting a Rezone from R-1AA (Single-Family Residential) district to the PLI (Public Lands and Institutions) district for 0.35 acres located on the north side of W. Hillcrest Street, approximately 0.25 miles west of Douglas Avenue, as described in the proof of publication, Seminole County.

     Districts 1, 2, 3 and 5 voted AYE.

DOL-RAY MANOR WATER

DISTRIBUTION SYSTEM SALE/

City of Altamonte Springs

 

     Proof of publication, as shown on page ______, calling for a public hearing to consider the adoption of a Resolution providing for the sale of Dol-Ray Manor Water Distribution System, utilized by Seminole County, to provide potable water service in Seminole County through its utility system in the City of Altamonte Springs necessary for fulfillment of the public purpose of providing a government-owned and operated water utility and that the sale will provide a greater public use and increased public benefit than the existing use; City of Altamonte Springs, received and filed.

     Hubert Jacques, Environmental Services, addressed the Board to present the request as outlined in the agenda memorandum.  This item is the sale of the Dol-Ray Manor Water Distribution System to the City of Altamonte Springs (the City).  The Florida Department of Transportation (FDOT) removed 39 lots for retention ponds leaving only 18 customers in the service area, which is completely surrounded by the City.  Revenue and expenses are approximately $9,900 annually.  The City has expressed interest in serving the remaining 18 customers and this Resolution and associated documents will transfer the distribution system, assets and customers to the City.  The Water Treatment and Water Treatment site will remain the property of Seminole County.  Staff recommends approval of the Resolution, the Bill of Sale and assignment of easements, and the utility easement.

     Upon inquiry by Commissioner Constantine, Mr. Jacques explained the discussion he had with John Casselberry relating to Meredith Manor and Dol-Ray.

     No one else spoke in support or in opposition.

     Motion by Commissioner Constantine, seconded by Commissioner Horan, to approve and authorize the Chairman to execute Resolution #2013-R-12, as shown on page ______, Bill of Sale for the Dol-Ray Manor Water Distribution System, Assignment of Easements, as shown on page ______, and the Utility Easement Agreement, as shown on page ______, to the City of Altamonte Springs, and approve the findings that the sale is necessary for fulfillment of the public purpose of providing a government-owned and operated water utility and that the sale will provide a greater public use and increased public benefit than the existing use, as described in the proof of publication; City of Altamonte Springs.

     Districts 1, 2, 3 and 5 voted AYE.

CHAIRMAN’S REPORT

Chairman Dallari advised that he attended the Cooperative Extension Services Overall Advisory Committee meeting last month honoring one of our great citizens, Imogene Yarborough.  While there, he was made aware that one of Seminole County’s Extension Services agents, Rita Law-McCumber, received a once-in-a-lifetime award from the State of Florida known as the Distinguished Service Award.  Chairman Dallari stated he would like to recognize and congratulate her on behalf of the Board of County Commissioners.

Commissioner Carey stated that Ms. Law-McCumber gives some great courses on how to grow food and the canning process to preserve it.

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     Chairman Dallari presented to the Board a Certificate (received and filed) recognizing the Board of County Commissioners for their continued support of the Foundation of the Seminole State College of Florida signed by Dr. E. Ann McGee, President of Seminole State College, and John Gyllin, Executive Director of the Foundation.  A letter from John Gyllin recognizing the Board’s support was received and filed.

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     Chairman Dallari informed the Board that tickets for the Centennial Barbeque for the Pole Barn Ribbon Cutting on January 16 at 5:30 p.m. are on sale. 

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     Chairman Dallari advised of his recommendation for the Animal Control Board reappointment of Giovanni Vergel.

     Motion by Commissioner Carey, seconded by Commissioner Horan, to reappoint Giovanni Vergel as the Veterinary Representative to the Animal Control Board for a one-year term ending January 1, 2014, Resolution #2013-R-13, as shown on page ______.

     Districts 1, 2, 3 and 5 voted AYE.

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed:

1.    Letter with attachments dated September 28, 2012, from Sean Gallagher, Florida Department of Agriculture and Consumer Services to Chairman Carey RE: 2011/2012 Annual Report for the accomplishments of the Florida Forest Service in the Fire Control Program. (C: Leisure Services)

 

2.    Copy of letter dated November 30, 2012, from the cities of Altamonte Springs, Casselberry, Longwood and Maitland to LYNX Board Members RE: Announcing the authorization of $780,000 of local funding towards the demonstration phase of the Flex Bus project. (C: BCC)

 

3.    Letter dated December 3, 2012, from Larisa Perry, Wells Fargo Bank to Chairman Dallari RE: Worldwide Military Banking Program.

 

4.    Letter dated December 5, 2012, from David Simmons, The Florida Senate, to Chairman Dallari RE: Announcement of his re-election to the State Senate and his appointment to the Chairman of the Banking and Insurance Committee. (C: BCC)

 

5.    Letter dated December 6, 2012, from James Stansbury, Florida Department of Economic Opportunity, to Chairman Dallari RE: Completed review of the Comprehensive Plan Amendment adopted by Seminole County on October 23, 2012. (C: BCC, Economic & Community Development Services)

 

6.    Letter with attachments dated December 9, 2012, from Walter Hosea, 121 Buckskin Way, Winter Springs, FL, to Seminole County Commissioners RE: Requesting a review of the permit granted to “Disabled Veterans’ Foundation” regarding their fund raising practices. (C: CM)

 

7.    Letter with attachment dated December 11, 2012, from William W. Fagan, Vice President Aqua Fiber, to Chairman Dallari RE: Copy of letter being sent to all Lake Jesup stakeholders extending an opportunity to visit their facility. (C: BCC)

 

8.    Letter with attachment dated December 19, 2012, from Miles Anderson, Florida Division of Emergency Management, to Chairman Dallari RE: Annual request for update, per 27-P-22 Florida Administrative Code. (C: Public Safety)

 

9.    Letter dated December 18, 2012, from Diane Pickett Culpepper of Bright House Networks to Commissioner Dallari RE: Launching of Channel 1328, Jewelry HD.

 

10.    Letter with attachments dated December 20, 2012, from Beth Norton, Federal Emergency Management Agency to Chairman Dallari RE: Conditional Letter of Map Revision. (C: Economic & Community Development Services)

 

11.    Letter dated December 27, 2012, from Larisa Perry, Wells Fargo Bank, to Chairman Dallari RE: Home Preservation Workshop.

 

12.    Letter dated January 2, 2013, from John Gyllin, Foundation for Seminole State College, to Chairman Dallari and Board of County Commissioners RE: Letter of gratitude for the Board’s donation of $150,000 received on 12/19/2012. (C: BCC)

 

13.    Notice of Public hearing received January 7, 2013, from the City of Lake Mary to consider a Preliminary Final PUD and Vacate 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, CM, Economic & Community Development Services)

 

14.    Letter dated January 3, 2013, from Trey Spencer, Insurance Office of America, to Chairman Dallari, RE: Estimated additional cost of Risk Management Program. (C: BCC, PW)

 

DISTRICT COMMISSIONERS’ REPORTS

     Chairman Dallari advised of his recommendations for committee appointments.

Motion by Commissioner Carey, seconded by Commissioner Horan, to reappoint Ed L’Heureux to the Historical Commission for a two-year term ending January 1, 2015, by Resolution #2013-R-14, as shown on page ______; to reappoint Regina Bereswill and appoint Pat Roberts to the Library Advisory Board for two-year terms ending January 1, 2015, by Resolution #2013-R-15, as shown on page ______; appoint Ed Ghiglieri to the Parks & Preservation Advisory Committee for a three-year term ending January 1, 2016, by Resolution #2013-R-16, as shown on page ______; to adopt appropriate Resolution #2013-R-17, as shown on page ______, commending Wes Borgman for his service on the Parks & Preservation Advisory Committee; reappoint Matt Brown to the Planning & Zoning Commission for a four-year term ending January 1, 2017, by Resolution #2013-R-18, as shown on page ______; and reappoint David Axel and appoint Andrew Van Gaale (rotating appointment) to the Seminole County Industrial Development Authority (SCIDA) for four-year terms ending January 1, 2017, by Resolution #2013-R-19, as shown on page ______.

Districts 1, 2, 3 and 5 voted AYE.

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Chairman Dallari distributed the list (received and filed) of the Board liaison appointments.

Commissioner Carey stated that accepting these appointments by motion will take the question of travel reimbursement out of play because all travel that is reimbursed must be approved by the Board.

Motion by Commissioner Carey, seconded by Commissioner Horan, to accept the Chairman’s recommended Board liaison appointments for 2013.

Districts 1, 2, 3 and 5 voted AYE.

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     Motion by Commissioner Horan, seconded by Commissioner Carey, to reappoint Clay Archey and Jim Hunter to the Agriculture Advisory Committee for a two-year term ending January 1, 2015, by Resolution #2013-R-20, as shown on page ______; reappoint Dale Kirby and Luis Diaz to the Code Enforcement Board for a three-year term ending January 1, 2016, by Resolution #2013-R-21, as shown on page ______; reappoint Steve Young to the Contractor Examiners Board for a one-year term ending January 1, 2014, by Resolution #2013-R-22, as shown on page ______; reappoint Etta Jane Keogh and Robert Hughes to the Historical Commission for a two-year term ending January 1, 2015, by Resolution #2013-R-14; and reappoint Pamela Neal to the Library Advisory Board for a two-year term ending January 1, 2015, by Resolution #2013-R-15.

     Districts 1, 2, 3 and 5 voted AYE.

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     Motion by Commissioner Horan, seconded by Commissioner Carey, to appoint Charles Sloan to the Parks and Preservation Advisory Committee to a three-year term ending January 1, 2016, by Resolution #2013-R-16; and to adopt appropriate Resolution #2012-R-26, as shown on page ______, commending Patricia Walden for her service on the Parks and Preservation Advisory Committee.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Horan advised the Scottish Highlands Festival is coming up on the weekend of January 19th and stated it has been a great event in Seminole County for a number of years.  He received a phone call from the Mayor of the City of Winter Springs, Charles Lacey, regarding some financial difficulty the Scottish American Society of Central Florida is having this year.  The event has drawn between 22,000 and 25,000 visitors, which puts a lot of “heads in beds”; and they have generated about $2 million to $3 million annually over the last 8 to 10 years.  The financial difficulty this year endangers their ability to cash flow the scheduled events and also threatens their ability to have enough reserves in their very small kitty to preserve the date for next year’s event.  As a result, the City of Winter Springs is going to be considering a stipend either in cash or in kind for about $3,000.  The Mayor is questioning whether the County could assist them in making sure they have the ability to cash flow the event.  Commissioner Horan stated he does not want to set a precedent here, because if they help this organization, they will have many more requests from others.  He discussed with the Mayor having the County participate by renting a booth to be populated by Tourist Development personnel and the Historical Society where they could market the new historical book, etc., contingent upon the purchase of that booth up to $3,000 and contingent upon the City of Winter Springs also granting $3,000. 

     Commissioner Carey advised that from a historical standpoint, the County used to grant Tourist Development dollars to the Scottish Highland Games but they stopped applying for that grant a few years back.  She said she believes the issue they had was the documentation of how many heads they were actually putting on beds from out of town because it is a local event where people come in for the day.  She said she has no problem with renting a booth but would not want to pay more than others were paying.  She suggested being a sponsor of the event for the specific purpose of promoting the County’s Centennial celebration.  Chairman Dallari agreed that it needs to be tied into the Centennial as a sponsorship event.

     Commissioner Carey stated she would prefer that it not be tied into what Winter Springs is doing and just commit to sponsorship of the Highland Games because Winter Springs is in Seminole County and it is Seminole County’s 100th Anniversary.  She also stated she would like to be the premier title sponsor for the Centennial.

     Chairman Dallari stated it will let a large group of people know over a two-day period about what the 100-Year celebration is all about.

     After inquiry by Commissioner Constantine, Chairman Dallari stated that the Tourist Tax is either for advertising or capital improvements.

     Discussion ensued regarding using monies from the Centennial budget or the General Fund, the high gate fee, and complimentary tickets.

     Motion by Commissioner Horan, seconded by Commissioner Carey, to approve a sponsorship by Seminole County for the Scottish Highlands Festival, under appropriate terms negotiated by the County Manager, in the amount of $3,000 for the specific purpose of promoting tourism for Seminole County’s Centennial celebration.

     Districts 1, 2, 3 and 5 voted AYE.

     Upon inquiry by Commissioner Constantine, County Attorney Bryant Applegate advised that promoting the Centennial event through sponsorship is finding a clear public purpose; however, tying it into an exchange for free tickets cannot be part of the motion.

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     Motion by Commissioner Constantine, seconded by Commissioner Carey, to reappoint Rex Clonts and Lance Lafleur to the Agriculture Advisory Committee, by Resolution #2013-R-20, appoint Grant Leibel to the Code Enforcement Board, by Resolution #2013-R-21, appoint Dan Shaw, Plumbing Contractor, and Alan Cooper, Swimming Pool Contractor, to the Contractor Examiners Board, by Resolution #2013-R-22, reappoint Rosalee Wright Cook and appoint Donna Bundy to the Historical Commission, by Resolution 2013-R-14; and appoint Bill James and Tony Tizzio to the Parks and Preservation Advisory Committee, by Resolution #2013-R-16.

     Districts 1, 2, 3 and 5 voted AYE.

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     In Commissioner Henley’s absence, Chairman Dallari advised that due to the resignation of Stuart Newmark on the Tourism Development Council, Commissioner Henley requests that the Board approve his recommendation of Dan Shaw to fulfill the unexpired term ending January 1, 2014; and requests a Resolution of Appreciation for Mr. Newmark be adopted in the same motion.

     Motion by Commissioner Carey, seconded by Commissioner Horan, to appoint Dan Shaw to the Tourism Development Council (TDC), with the caveat that the County Attorney confirm that Mr. Shaw can serve on both the TDC and the Contractor Examiners Board on which Commissioner Constantine appointed him to serve, by Resolution #2013-R-32, as shown on page ______; and adopt appropriate Resolution #2013-R-33, as shown on page ______, commending Stuart Newmark for his service on the Tourism Development Council.

     Districts 1, 2, 3 and 5 voted AYE.

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     Chairman Dallari advised, in regard to the Chairman’s appointments, he was just made aware that since the Regional Planning Council term is four years and Commissioner Horan has already served for two years, he would like to change his appointment from Commissioner Constantine to Commissioner Horan to fulfill that remaining term of four years.

     Motion by Commissioner Horan, seconded by Commissioner Carey, to reappoint Commissioner Horan to the 17-92 Regional Planning Council to serve for the remainder of the four-year term; and amending a previous motion, to appoint Commissioner Constantine to CALNO in lieu of the 17-92 Regional Planning Council.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Carey wished everyone a Happy New Year.

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     Commissioner Carey discussed the calendar for 2013 and wanted to confirm that the intent of the Board is to only have one meeting in the months of July, November and December.  She presented for consideration the elimination of the second meeting in May, which is the day after the Memorial Day holiday, due to the time constraints of being able to review agenda items and meet with staff prior to the Board meeting.  She also mentioned that the work load has been lighter in recent years and many employees take vacation days around that holiday.

     Motion by Commissioner Carey, seconded by Commissioner Horan, to eliminate the second meeting in May, the first meeting in July, and the second meeting in November and December for the year 2013.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Carey advised, as their representative, that they had a consortium meeting with the Board of Directors of Workforce Central Florida (WCF) on December 13.  She stated that Florida has gained over 22,000 jobs in the past year and in fact, has gained 28 out of the last 29 months, which is good compared to the rest of the nation.  However, the bad news is that Florida still needs to gain 67,000 to get back to where it was pre-recession. 

She stated that many of the issues dealt with insurance and some of the unknowns that are coming with Obamacare and other insurance programs. 

She advised that the other big issue was that manufacturing is flat because so much of it is sent out of the country now.

Orlando is leading the State in job growth and the simulation business is a particularly high percentage of the jobs in Central Florida, and it is the nation’s largest simulation and training cluster; and the bulk of that industry is located in and around the University of Central Florida (UCF).  She said they are coming up on a year of the military base realignment and closure process.  Central Florida is home to simulation and training for the Army, Navy and Marines with additional coordinating presence with the Air Force.  Also, it is over a $5 billion a year industry in contracting with other businesses and authorities around Central Florida.  Congress will likely call for a formal base realignment and closure study called a BRAC process in either 2014 or 2015.  WCF is already trying to get ahead of that because when it is presented back to Congress, it will be a take-all-or-nothing kind of a package.  An ad hoc committee has been formed, which Chairman Dallari is serving on for Seminole County, along with the Economic Development Commission, the National Center for Simulation and Training, UCF, the Florida high-tech corridor and representatives from Orange County, the City of Orlando and several others.  She stated if the Commissioners have an opportunity to talk with their Congressmen over the next couple of years, it would be important that they speak to what a big impact simulation and simulation training has on the businesses here in Seminole County.  There are a lot of very small businesses who provide parts, training and different things; and a lot of them are in the SR 417 corridor, Seminole Way and the incubator in Winter Springs.  She concluded stating it is a very important issue for Central Florida over the next couple of years and they would like to “nip it in the bud” ahead of time.

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     Motion by Commissioner Carey, seconded by Commissioner Horan, to appoint Michael Caraway to SCIDA, filling an unexpired term ending January 2015, by Resolution #2013-R-19; to appoint Susan Gladman to the Historical Commission, filling an unexpired term ending January 2014, by Resolution #2013-R-14; to reappoint Beverly Mason and Jon Batman to the Historical Commission for a two-year term ending January 2015, by Resolution #2013-R-14; and reappoint Mike Martin to the Parks and Preservation Advisory Board for a three-year term ending January 2016, by Resolution #2013-R-16.

     Districts 1, 2, 3 and 5 voted AYE.

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     Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2013-R-34, as shown on page ______, commending Stephanie Youngers for her service on the Historical Commission; to adopt appropriate Resolution #2013-R-35, as shown on page ______, commending Curtis Gashlin for his service on the Board of Adjustment; and to adopt appropriate Resolution #2013-R-36, as shown on page ______, commending Alan Trotter for his service on SCIDA.

     Districts 1, 2, 3 and 5 voted AYE.

     Commissioner Constantine noted that during his time in the State Legislature, Dan Webster was very strong on simulation and they did most of the bills on that with UCF.  He suggested starting with Senator Webster now that he is in Congress.

     Chairman Dallari stated there is an actual plan being formed to not only work through the Halls of Congress, but through all the different legislators in the State of Florida as well, because $5 billion dollars worth of revenue to the State of Florida is a big number.  He commented that model simulation hits many different markets and many people are not aware.  This includes not just the military, but education, traffic, weather, utilities and medical.

COUNTY MANAGER AND STAFF BRIEFINGS

     No report.

COUNTY ATTORNEY’S REPORT

Bryant Applegate distributed to each of the Commissioners the reformatted draft of the Home Rule Charter, received and filed.  He stated that the provisions that had been declared invalid or unconstitutional were incorporated via a footnote, which was somewhat confusing.  He explained that the cover memo (received and filed) shows a detailed history of the changes.  The first section of the draft is the existing Charter and none of the numbers have been changed so if the provision was declared invalid, that number still shows.  Therefore, none of the existing provisions have been renumbered.  There is an appendix, for historical purposes, showing the provisions that were declared invalid over time.  There are two existing footnotes in the Charter that were kept in because the issues are not subject to litigation.  He requested that the Commissioners review the document and let him know if they don’t like the format.  The County Attorney’s office will then finalize and publish it; place it on their website and send it to the Municipal Code for incorporation into the Code.

Chairman Dallari confirmed with Mr. Applegate that the changes made are for organizational and formatting purposes only and are not for content.

Commissioner Horan stated he believes it needed to be reformatted and this should make it more user-friendly, especially for the public.

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     Chairman Dallari announced the Fire Fund Work Session will be held in Room 3024 at 2:50 p.m.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:34 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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