BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JANUARY 22, 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 22, 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)

     Vice Chairman John Horan (District 2)

     Commissioner Lee Constantine (District 3)

     Commissioner Brenda Carey (District 5)

     Clerk of Circuit Court Maryanne Morse

     County Manager James Hartmann

     County Attorney Bryant Applegate

     Deputy Clerk Jane Spencer

 

Absent:

     Commissioner Carlton Henley (District 4)

 

 

     Dr. Bob Parker, First Baptist Church Markham Woods, Lake Mary, gave the Invocation.

     Commissioner Horan led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Chief Leeanna Mims, Fire Department, addressed the Board to recount an event that took place at Sanlando Park.  Chief Mims described how EMS was dispatched to the park for a cardiac arrest; and when they arrived on the scene, they found Stephanie Perez, a park employee, performing CPR with an Automatic External Defibrillator (AED) in place.  She explained that after the crew arrived, another AED shock was done and they were able to maintain a viable rhythm.  The patient, Darius Howell, was transported to the hospital.  Because of these collective efforts, Mr. Howell is here today.  Chief Mims introduced Mr. Howell and his family. 

Chief Mims pointed out that Life Saving Awards are presented when an outstanding job has been done which made a difference in the outcome of a patient.  She indicated that Life Saving Awards are being given to Stephanie Perez for her efforts and her ability to stay calm along with Daniel Raymond, the Emergency Communications 911 Call Taker, and the crew from Rescue Station 12:  Lt. Buddy Mills, Dave McDonald, Bill Cravey, Don Snyder, and Steve Edmiston.

Darius Howell addressed the Board and thanked Ms. Perez for having the courage and the expertise to "keep him going" and thanked Station 12 for everything they did.  He also thanked the Commission for having the tools in place and the employees trained to help someone like him, who was in distress, stay alive to see another day.

Chairman Dallari thanked Ms. Perez and pointed out that her leadership and courage is what they all try to strive for.

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     Mayor Charles Lacey, Winter Springs, addressed the Board to thank them for their support of the Scottish Highlands games.  Mayor Lacey provided a brief history of the event and gave a preliminary report of this year’s success.  The estimates for the crowd on Saturday range from 30,000 to 37,000. 

Commissioner Horan thanked Mayor Lacey for the great work he has done for economic development in Winter Springs and for the County.  Upon inquiry by Commissioner Horan, Mayor Lacey stated he does not have any particular data regarding how many "heads in beds" were generated.  He noted that in speaking to people attending the Friday night event, almost all of them were staying at the Hilton Hotel, the Marriott or the Westin.  Commissioner Horan stated he talked to people that were staying at the Embassy Suites and Howard Johnson.  He believes this event draws enough people from outside the area.  Mayor Lacey stated the issue of finding more places for people attending the event to stay is a challenge for the City and the County and they need to make sure they don't pass up those opportunities due to the lack of facilities on their part. 

At Commissioner Carey's request, Amy Lockhart, Centennial Events Coordinator, addressed the Board to describe the booth they had at the Highlands Games.  Ms. Lockhart noted that Commissioners Dallari and Horan were present to talk to citizens and share the message of the Centennial.  Jim Robison, the author of the Centennial book, spent both days at the booth and did a wonderful job representing the Historical Society.  He collected pages of names and phone numbers of people interested in purchasing the book. 

Commissioner Constantine stated he learned from the general manager of the Hilton at the Friday night event that the Hilton sold out for the entire weekend.  There were over 200 rooms that were sold for the Scottish Highlands Games.  He added that there were other hotels next to the Hilton that were also sold out. 

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The “National Register of Historic Places” Centennial Minute video and the “Decline of Agriculture” Centennial Minute video were displayed.  Ms. Lockhart advised that SGTV and community volunteers have produced 25 Centennial Minutes.  Each of the Minutes relates to one of the five Points of Pride that they will be celebrating over the course of the next 90 days.  Ms. Lockhart noted that they are hosting a Centennial Educators’ Open House at the Public History Center on January 24 where teachers can learn about options incorporating teaching local history in the classroom.  The Centennial Minutes will be used in those classroom settings as well.

Chairman Dallari announced they will show one or two Centennial Minutes at the beginning of each BCC meeting.  Commissioner Carey reminded everyone that there is another Centennial event occurring today, the unveiling of the LYNX bus.  She suggested the Centennial activities should be the focus of what someone sees first on the County’s website. 

COUNTY MANAGER’S CONSENT AGENDA

     James Hartmann, County Manager, advised that under the Consent Agenda regarding Item #18, Hazard Mitigation Grants Program, the Subgrant Agreement has been replaced with Modification One to the Subgrant Agreement.  He noted there is an add-on, Item #18A, to authorize the County Manager to execute the First Amendment to the Subrecipient Agreement with the 18th Judicial Circuit Court.

     Mr. Hartmann stated that under Public Hearings, the applicant has requested Item #25, Colonial Village at Townpark Rezone, and Item #26, Colonial Townpark PUD Major Amendment and Rezone, be continued until February 26, 2013.  Regarding Item #28, Board of Adjustment appeal for Cornerstone Church, the applicant has withdrawn his appeal.  There has been a request for Item #31, Titan Affordable Housing Small Scale Land Use Amendment and Rezone, to be heard at the beginning of the afternoon’s Public Hearings session.

Commissioner Horan confirmed with staff that any inconsistency regarding the Drug Court Subrecipient Agreement has been resolved.  Ray Hooper, Acting Resource Management Director, addressed the Board to advise that there was an e-mail this morning that is not reflected in the Subrecipient Agreement.  He stated that in April the Drug Courts will assess the amount of work and the County may make a modification, which would be brought to the Board, if they want to increase the scope and the dollar amount.

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Regarding Item #8, Agreement with University Athletic Association (UAA), Commissioner Carey asked what the UAA Baseball and Softball Championship economic impact was in 2011.  Sharon Sears, Tourism, addressed the Board to state this is the first time this event has requested funds from the County, which is why they do not have an Economic Impact Statement for previous years. She pointed out that they are anticipating approximately $20,000 economic impact for this event.

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

County Manager’s Office

Human Resources Division

 2.  Approve and authorize the Chairman to execute the Second Amendment, as shown on page _______, to Administrative Services Agreement between Blue Cross and Blue Shield of Florida, Inc. and Seminole County Board of County Commissioners. 

 3.  Approve and authorize the Chairman to execute the Business Associate Agreement, as shown on page _______, between Hylant Group, Inc. and Seminole County Board of County Commissioners. 

 

Economic & Community Development Services

Planning & Development Division

 4.  Authorize the Chairman to execute a Satisfaction of Lien, as shown on page _______, in the amount of $826.46 associated with the property located at 135 Lake Harriet Drive, Altamonte Springs, Florida; Tax Parcel #09‑21‑29‑503‑0000‑0170; filed against Charles S. Rogers and Rosemary Rogers Heirs.

 5.  Authorize the Chairman to execute the Release of Lien, as shown on page _______, for Case No. 10‑144‑CEB, on 310 Baron Cove, Altamonte Springs, Tax Parcel #07‑21‑30‑300‑0650‑0000, previously owned by Dillon Muto, and currently owned by BAC Home Loan Servicing, L.P. 

    

Leisure Services

Tourism Development Division 

 6.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Florida Collegiate Summer League, Inc. in the amount of $9,205 for the 2013 Florida League High School Invitational Tournament to be held March 25‑29, 2013.

 7.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Spring Break Sports, Inc. in the amount of $15,500 for the 2013 Spring Break Tennis events to be held February 23 ‑ March 31, 2013.

 8.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the University Athletic Association (UAA) in the amount of $5,727 for the 2013 UAA Baseball and Softball Championships to be held March 10‑17, 2013.

 9.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the University Athletic Association (UAA) in the amount of $4,229 for the 2013 UAA Men's and Women's Tennis Championships to be held April 23‑26, 2013.

10.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the United States Tennis Association (USTA) in the amount of $1,742 for the 2013 National Junior Open Tennis Championships to be held February 23‑25, 2013.

 

Public Works

Watershed Management Division 

11.  Approve and authorize the Chairman to execute Agreement No. S0636, as shown on page _______, with the State of Florida Department of Environmental Protection (FDEP) accepting State funding for the entire Black Hammock Creek Reclamation and Flood Plain Treatment System Project in the amount of $2 million dollars. 

 

Resource Management

Budget and Fiscal Management Division

12.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-37, as shown on page _______, implementing Budget Amendment Request (BAR) #13‑031 through the Fire Fund, recognizing and appropriating $8,656 in donated funds transferred from the Longwood Police Department for the Safe Kids Seminole County Program (#80056103W).

13.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-38, as shown on page _______, implementing Budget Amendment Request (BAR) #13‑035 through the 2001 Infrastructure Sales Tax Fund to establish the CR 46A Sidewalk project and to provide initial funding for the non-grant reimbursable expenses of $10,000 from Reserves.

14.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-39, as shown on page _______, implementing Budget Amendment Request (BAR) #13‑036 in the amount of ($131,057) through the Adult Drug Court Fund ($51,462), the Disaster Preparedness Fund ($24,747), the Public Safety Grant Fund (Federal) ($37,525), and the Community Services Grant Fund ($17,323) in order to reduce the grant carryforward amounts. 

15.  Approve and authorize the Chairman to execute appropriate Resolution #2013-R-40, as shown on page _______, implementing Budget Amendment Request (BAR) #13‑037 through the Infrastructure Imp/Capital Projects Fund in the amount of $5,001 to increase funding for the Prime Tower Site UPS/Generator Replacement project. 

16.  Approve and authorize the County Manager to execute a Grant Agreement, as shown on page _______, with the United Health Foundation, and to approve and authorize the Chairman to execute appropriate Resolution #2013-R-41, as shown on page _______, implementing Budget Amendment Request (BAR) #13‑038 recognizing and establishing the budget through the Extension Service Programs Fund for a $25,000 grant providing funding for the Growing Healthy Kids in Seminole County program through the Seminole County Extension Service, a program of the Leisure Services Department. 

17.  Approve and authorize the County Manager to execute Service Provider Agreements, as shown on page _______, for Seminole Community Mental Health Center, Inc., Human Services Associates, and Colonial Counseling for required support of the FY 2012‑13 Adult Drug Court Expansion and Enhancement Grant.

18.  Approve and authorize the County Manager to execute Modification #1 to the Hazard Mitigation Grants Program Subgrant Agreement with the Division of Emergency Management for seven fire stations (Stations 12, 14, 16, 22, 23, 27 and 34), extending the project completion date to January 26, 2013.

18A. Approve and authorize the County Manager to execute the First Amendment, as shown on page _______, to the Adult Drug Court Program Subrecipient Agreement with the 18th Judicial Circuit Court.   

Purchasing & Contracts Division

19.  Approve Change Order #3, as shown on page _______, to CC‑8003‑12/AMM ‑ Five Points UPS & Generator Replacement with Computer Power Systems, Inc. of Winter Springs, FL in the amount of $12,285.00; add an additional fifty‑nine (59) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order.

20.  Approve Work Order #45, as shown on page _______, (U.S. 17-92 CRA Mast Arm Conversions) under PS‑4388‑09/VFT (Design of Minor Projects with Construction Cost Less than $1M) with Pegasus Engineering, LLC of Winter Springs, FL, in the amount of $123,503.58; and authorize the Purchasing & Contracts Division to execute the Work Order.

 

Under discussion, Commissioner Horan stated that as a part of the Consent Agenda, they are accepting a $2 million grant to improve the water quality in the Lake Jesup/Black Hammock basin region, Item #11.  He noted that this is going to be a very exciting project and will improve three creeks in the area and basically take advantage of the natural type of purification that exists in the Black Hammock area. 

Districts 1, 2, 3, and 5 voted AYE.

COUNTY ATTORNEY’S CONSENT AGENDA 

 

     Bryant Applegate, County Attorney, advised that Item #21, Chula Vista Homeowners Association Agreement for the maintenance of road signs, is a continuation from a previous BCC meeting where his office was asked to look into the issue.  He stated that the Homeowners Association has agreed to pay for the placement of the signs, with the County agreeing to eventually maintain and replace the signs as needed.  He advised that it is a policy decision for the Board to make as to whether or not they want to adopt a policy, in this case, of replacing the signs if and when the time comes.

Chairman Dallari asked Mr. Applegate if the County has done this type of work in other subdivisions.  Mr. Applegate stated for that answer, he would have to rely on staff.  He gave a brief description of how subdivisions in the 60's and 70's were approved without mandatory homeowners associations.  He believes the distinguishing factor here is there is a homeowners group that is willing to pay the several thousand dollars to put the signs in initially.   He stated it is a policy decision of this Board as to whether or not they want to use this as a model, but he does not believe it sets any precedential value.

Commissioner Carey stated that when she goes back to the original document, the document originally said the improvements would include the road restoration which would result in Seminole County's acceptance into the county-maintained road system.  The road maintenance area is from the edge of pavement to the edge of pavement.  Commissioner Carey confirmed with Mr. Applegate that these roads are still private roads.  She stated the subdivision specifically excluded the signs when they originally did this.  Commissioner Carey noted that she can see the County getting into a situation where subdivisions begin to struggle and come and ask the County to do things on the private roads.  While it would not set a precedent, it would cause other people to think they can get the County to take over their obligations. 

Chairman Dallari stated he does understand Commissioner Carey's concerns but noted that the subdivision did do a MSTU for road maintenance and the County is taking responsibility of the roads.  He believes the signage portion is a responsibility of the roads; that if you are maintaining the roads, you should be maintaining the signs.  Discussion ensued with regard to why the maintenance of the signs was not included. 

Commissioner Horan stated he has the same concern as Commissioner Carey as to what was precedential value.  This is the only one that has come in front of the Board.  When they get to the point where they have a situation in the County where they have to express a policy concerning this, then the Board should ask staff to adopt for the Board's consideration some policies.  Commissioner Horan believes they should state, for the record, that this is not to be taken as a precedential type of thing for voluntary homeowners associations to unload certain types of responsibilities that they have assumed in the past onto the County and that the County has vehicles (MSTU's and MSBU's) for doing that.  He noted that he does not have a problem with this specific situation. 

Commissioner Carey stated she understands they are talking about signs here but the same argument could be related to private streets and she believes it may start to be a slippery slope.  She advised that she will not be supporting the item. 

Commissioner Constantine stated he does not see this issue as precedent setting and believes it is unique.  In looking at this situation, he suggested they might want to be better prepared for potentially upcoming situations. 

Commissioner Carey stated if the MSTU had been silent regarding the signs, she might feel differently.  The fact that the MSTU specifically excluded the signs means they never maintained the signs and never had any intention to maintain the signs when it was approved before. 

Chairman Dallari stated the MSTU was to collect money to bring the roads up to a certain standard and then the County would maintain them after that date.  This community is paying for the replacement of the signs themselves. 

Motion by Commissioner Horan, seconded by Commissioner Constantine, to approve an Agreement, as shown on page _______, between Seminole County and Southeast Seminole Civic Association, Inc. d/b/a Chula Vista Homeowners Association for Maintenance of Road Signs.

Districts 1, 2, and 3 voted AYE.

Commissioner Carey voted NAY.

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

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

 

     Clerk’s Office

     22. Expenditure Approval Lists, as shown on page _______, dated December 26 and 31, 2012; and Payroll Approval List, as shown on page _______, dated December 20, 2012; approval of the BCC Official Minutes dated December 11, 2012; and noting, for information only, the following Clerk’s “received and filed”:

 

1.    Work Order #1, as shown on page _______, to PS-

7643-12.

 

2.    Amendment #1, as shown on page _______, to IFB-600282-07.

 

3.    PAY Program Counseling Agreements, as shown on page _______, (RFQ-601545-12), Quest Counseling Group, Inc.; Counseling, Mediation & Educational Center, Inc.; T.B.C. Productions d/b/a Breakthrough Counseling Services; Robert A. Tango, PhD.; Breaking the Cycle Consulting, Inc.; Another Chance Counseling Center; Central Florida Psychological Services; and Families in Recovery of Central Florida, Inc.

 

4.    Third Amendment, as shown on page _______, to RFP-5706-10.

 

5.    Amendment #1, as shown on page _______, to Work Order #6 to PS-5160-04.

 

6.    Letter to Chairman Carey from Sean Gallagher, District Manager, Florida Department of Agriculture and Consumer Services, submitting the 2011/2012 Annual Report for the accomplishments of the Florida Forest Service in the Fire Control Program.

 

7.    Amendment #1, as shown on page _______, to Work Order #7 to RFP-5706-10.

 

8.    Amendment #1, as shown on page _______, to Work Order #1 to RFP-CS01-12.

 

9.    Amendment #2, as shown on page _______, to Work Order #1 to RFP-5706-10.

 

10.    Work Order #3, as shown on page _______, to RFP-CS01-12.

 

11.    Contracts for Services, as shown on page _______, for Tina Hostetler; James J. Peters; Deborah Greene Coreil; Natalie Keene Krops; Jeffrey Duby; and Colleen Puglisi.

 

12.    Work Order #29, as shown on page _______, to PS-2249-07.

 

13.    Developer’s Cash Completion Bonds and Escrow Agreements, as shown on page _______, for Water & Sewer Improvements in the amount of $55,000, and Road Improvements in the amount of $125,895 for Brooks Cove Subdivision.

 

14.    Work Order #10, as shown on page _______, to PS-4736-09.

 

15.    Warranty Deed, as shown on page _______, for Sovran Acquisition Limited Partnership.

 

16.    Order Approving Residential Wastewater Only Rates from the Florida Public Service Commission regarding request by Aqua Utilities Florida, Inc.

 

17.    Work Orders #95 & #96, as shown on page _______, to PS-1529-06.

 

18.    Amendment #2, as shown on page _______, to IFB-600613-09.

 

19.    Amendment #4, as shown on page _______, to Work Order #23 to PS-4388-09.

 

20.    Closeout, as shown on page _______, to CC-7945-12.

 

21.    Change Order #2, as shown on page _______, to CC-8003-12.

 

22.    Assistant Tennis Pro Agreement, as shown on page _______, for Martina Lee; and Contract for Services, as shown on page _______, for Lory S. Zhao.

 

23.    Bids as follows:  RFQ-601545-12; RFI-601501-12; IFB-601527-12; PS-8146-12; PS-8418-12; IFB-601568-12; RFQ-601512-12; RFP-601421-12; and RFQ-601606-12.

 

     Districts 1, 2, 3, and 5 voted AYE.

 

COUNTY MANAGER AND STAFF BRIEFINGS

Mr. Hartmann recommended the appointment of Mr. Jerry Moore, for his first full term on the City of Casselberry Community Redevelopment Agency (CRA).

Motion by Commissioner Carey, seconded by Commissioner Horan, to appoint Mr. Jerry Moore, for his first full term on the City of Casselberry Community Redevelopment Agency (CRA).

Districts 1, 2, 3, and 5 voted AYE.

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     Mr. Hartmann requested the Board's concurrence for him to send a letter to each of the cities with a draft Interlocal Agreement regarding the County's four-cent and two-cent gas tax with much of the same terms and conditions as before.  He believes the agreement needs some upgrading.  Mr. Hartmann stated they would like to get the documents to the cities by the end of January so the cities can take action during the month of February.  He then can bring back ordinances adopting gas taxes to the Board in March.  Commissioner Horan confirmed with Mr. Hartmann that this was brought up at the Mayors and Managers meeting and that everything seems to be smooth.  Mr. Hartmann stated the agreement is basically the same agreement that they are operating under now.  The key is the distribution formula and he believes they have been operating successfully under a formula for many years.  A continuation of that probably is in the interest of both the cities and the County. 

Commissioner Horan stated there has been a hallmark of cooperation on this particular issue between the County and cities historically.

Motion by Commissioner Horan, seconded by Commissioner Carey, to authorize the County Manager to send a letter to the cities in Seminole County with a draft Interlocal Agreement regarding the County's four-cent and two-cent gas tax.

Districts 1, 2, 3, and 5 voted AYE.

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Mr. Hartmann requested the Board approve the Termination of the Restated NSP Developer Agreement (RFP-7423-12) between Miller Construction Services, LLC and Seminole County. 

Copy of Memorandum from County Attorney’s Office to Jim Hartmann, County Manager, with attached letter to Miller Construction Services regarding termination was received and filed.

Motion by Commissioner Horan, seconded by Commissioner Carey, to approve Termination of Restated NSP Developer Agreement (RFP-7423-12) between Miller Construction Services, LLC and Seminole County.

Districts 1, 2, 3, and 5 voted AYE.

COUNTY ATTORNEY BRIEFING

     County Attorney Bryant Applegate indicated he wanted to get to the Board, as soon as possible, the proposed legislation on the Expressway Authority.  Mr. Applegate stated he thought it would be a good opportunity to discuss any issues in this early stage.  His office also prepared a memo (copy not received and filed) which basically broke down the recommendations that the Board made to Senator Simmons at the public meeting and an analysis of how the draft addressed each of those recommendations.

Chairman Dallari advised that he had a phone conversation with DOT Secretary Prasad and he is in favor of moving this forward.  There is still discussion regarding the makeup of the transportation authority.  He would like to formally get the Board's thoughts on it.  Chairman Dallari stated he believes it would be advantageous if there was an elected official and a citizen appointment serving from each one of the counties.  Commissioner Carey confirmed with Chairman Dallari that it would become a nine-member board instead of a seven-member board. 

Commissioner Carey stated she is all for a regional authority, especially since the authority for the Wekiva Parkway has been delegated to the Expressway Authority.  In reading through what the plan was in trading out some assets, the Expressway Authority would take the Osceola Parkway and trade out some different things with the Expressway Authority.  She was wondering if there has been a financial analysis done on the impact of that.  She would certainly hope that before the Legislature or Senate took any action, they would make sure that what they are doing is not going to have a negative financial impact on any of the agencies.

Chairman Dallari recounted a conversation that took place with the Secretary and noted that the assets are not yet decided, what would actually happen to them all.  He explained that they are still working through some of Commissioner Carey's concerns.

Commissioner Carey stated that the Chairman's language of having an additional two members, one from Seminole County and one from Osceola as a lay person, is not in this information; so if the Board decides that is the recommendation they want to move forward, they would make that recommendation and just expand the board.

Chairman Dallari stated if there are no objections, he would like to send a letter from this Board to the Secretary regarding a nine-member board where they have an elected official and citizen representative from the County so it is evenly weighted through the region.

Upon inquiry by Commissioner Carey as to who would make the appointments, Chairman Dallari stated he would not have an issue with it being a Governor appointee as long as they reside in the County. 

Upon inquiry by Commissioner Constantine, Mr. Applegate stated he is not sure if the bill has been presented at any committee.  He stated he does not believe it has but will check.  Commissioner Carey stated she believes they are trying to get down to the final "tweak" before they actually turn it into an official bill.

Nicole Guillet, Economic and Community Services, addressed the Board to state the issue that Commissioner Carey was discussing came up at the workshop at the Expressway Authority.  Some of the issues are some bond covenants and some restrictions that may complicate the transfer of assets.  The transfer of assets as shown in the bill may change somewhat once they have done the analysis.  Ms. Guillet stated another issue that got quite a bit of discussion at the Expressway Authority workshop was the issue of gubernatorial appointees.  City of Orlando Mayor Jacobs, with the Expressway Authority, was concerned about gubernatorial appointees and her suggestion was perhaps those appointees come from the Orange County Commission or at least be recommended and submitted by the Orange County Commission.  Mayor Jacobs has had some concerns about some possible conflicts with regard to the gubernatorial appointees.  That may also change from the draft that the Board has. 

Commissioner Carey pointed out that they are Governor’s appointees now at the Orange County Expressway Authority.  She stated she would be more concerned if it was a local appointment.  By having a Governor's appointee, it can be done based on some kind of criteria or qualification.  While they don't want experts, they do want lay people.  Maybe having some criteria for that would be good.  It doesn't need to be political in nature.

Commissioner Horan stated he is quite sure that the allocation of the assets will be worked out because that basically is going to be following whatever particular restrictions appear in the bond covenants.  What concerns him the most about this is the allocation of the political power.  If they are going to have a regional authority, then every member of that region is going to have to have equal power to every other region member or he will not support it.  They have danced this dance before and it always came down to when the shooting started, Seminole County found itself with too few numbers and too little political power to go ahead and get what it needed.  They are either going to look at this as a region where the region is going to make decisions regionally with everybody equally involved or they are not.  He knows what the comments have been of the Chairman, who has been involved in the discussions, and he happens to agree with him.  He has great confidence in their representative's ability to negotiate on their behalf so that the political power on that board is allocated in such a way that they don't end up with basically a regional authority that is dominated by one county.  Discussion ensued with regard to the makeup of the regional board. 

Commissioner Constantine stated that he does not mind gubernatorial appointments but he believes recommendations from the County for them to choose from makes a great deal of sense.  They understand, as would Osceola County and Orange County, what individuals would make good board members; and therefore, he believes that would be something that he would support also very strongly, that the County would have the ability to recommend.  He likes the suggestion of two from each county but believes it would be important for both Osceola County and Seminole County to recommend to the Governor the one lay person.  Normally the Governor and the Governor's office will accept that kind of recommendation.

Commissioner Carey explained her only concern with that is the application process.  If someone is applying that is a gubernatorial appointment, they make that application to the Governor's office.  The County would be making a recommendation without going through that process.  In her experience, the Governor typically will check in with the locals to see if they have any unforeseen issues.  If the County is going to be making the recommendation, Commissioner Carey would want the County to be the one that does the vetting.  If the County is not doing the vetting, she would rather let the Governor's Office handle it. 

Commissioner Horan stated if it is going to be gubernatorial appointments, obviously the County will have recommendations.  He does not believe they should eliminate the gubernatorial appointments and transfer the gubernatorial appointments to Orange County, which he believes is the suggestion made.  Commissioner Carey suggested that they need to be specific that it is either the Chairman of Seminole County or their designee that will represent the County. 

Upon inquiry by Commissioner Horan, Chairman Dallari stated he believes the Board needs to give direction to staff and they need to send DOT Secretary Prasad a letter outlining what the BCC's position is.

Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize the Chairman to draft a letter to DOT Secretary Prasad indicating the County's desire to have two representatives from Seminole County and Osceola County, one being an elected official appointed by the Chairman of the County Commission and the other being a lay person appointed by the Governor.

Districts 1, 2, 3, and 5 voted AYE.

Chairman Dallari reminded the Board following the Centennial LYNX bus presentation in the parking lot, there will be a Work Session regarding CR 419 Funding in Room 3024.

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Chairman Dallari recessed the meeting at 10:35 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Clerk of Circuit Court Maryanne Morse being absent) with the exception of Deputy Clerk Jane Spencer, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

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     The “National Register of Historic Places” and the “Decline of Agriculture” Centennial Minute videos were shown prior to the public hearings.

PROOFS OF PUBLICATION

     Motion by Commissioner Horan, seconded by Commissioner Carey 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

LAND USE AMENDMENT/REZONE/Titan Group

     Proof of publication, as shown on page ________, calling for a public hearing to consider a Small Scale Future Land Use Amendment to the Seminole County Comprehensive Plan from COM (Commercial) to MXD (Mixed Development), and associated Rezone from C-2 (Retail Commercial) to PD (Planned Development), for 2.80 acres located on the east side of Fern Park Blvd. approximately 300 feet north of SR 436, Titan Group, received and filed.

     Kathy Hammel, Planning & Development, addressed the Board to advise the subject property currently serves as a surplus parking lot for an adjacent auto dealership.  She stated as an infill development, staff believes that the requested Land Use Amendment and Rezone is appropriate for a transitional use from the multi-family to the south and retail commercial uses along SR 436.  The P&Z Commission recommended approval of the request.  Staff is also recommending approval of the request and that the staff report be made part of the record. 

     Scott Batterson, Titan Group, addressed the Board to state he is in strong support of the project and will be happy to answer any questions.

     Upon inquiry by Commissioner Carey, Mr. Batterson advised he understands that the auto dealership will continue to operate as is in the City of Casselberry.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to adopt Ordinance #2013-5, as shown on page _________, enacting a Small Scale Future Land Use Amendment to the Seminole County Comprehensive Plan from COM (Commercial) to MXD (Mixed Development), adopt associated Ordinance #2013-6, as shown on page ________, enacting a Rezone from C-2 (Retail Commercial) to PD (Planned Development), and approve the PD Development Order, as shown on page _________, for 2.80 acres located on the east side of Fern Park Blvd. and approximately 300 feet north of SR 436, as described in the proof of publication, Titan Group.

     Districts 1, 2, 3 and 5 voted AYE.

 

 

 

 

COLONIAL VILLAGE AT TOWNPARK

REZONE/Colonial Realty

     Proof of publication, as shown on page ________, calling for a public hearing to consider a Rezone of 25.21 acres for Colonial Village at Townpark, for property located on the east side of International Parkway, approximately ½ mile north of CR 46A, from PUD (Planned Unit Development) and A-1 (Agriculture) to PD (Planned Development), Colonial Realty, LP, received and filed.

     Cynthia Sweet, Planning & Development, addressed the Board to advise the applicant is requesting that this project be continued to February 26, 2013.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to continue to February 26, 2013 at 1:30 p.m., or as soon thereafter as possible, request to Rezone 25.21 acres for Colonial Village at Townpark, for property located on the east side of International Parkway, approximately ½ mile north of CR 46A, from PUD (Planned Unit Development) and A-1 (Agriculture) to PD (Planned Development), as described in the proof of publication, Colonial Realty, LP.

     Districts 1, 2, 3 and 5 voted AYE.

COLONIAL TOWNPARK PUD MAJOR

AMENDMENT AND REZONE/Colonial Realty, LP

     Proof of publication, as shown on page ________, calling for a public hearing to consider Colonial Townpark PUD Major Amendment and associated Rezone from PUD (Planned Unit Development) to PD (Planned Development) to remove 6.29 acres from the existing PUD; and an Amendment to the Amended and Restated Colonial Perimeter Center (Colonial Townpark) Development of Regional Impact (DRI) to remove 6.3 acres, located on the east side of International Parkway, approximately ½ mile north of CR 46A, Colonial Realty, LP, received and filed.

     Chairman Dallari advised the applicant is requesting that this item be continued to February 26, 2013.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to continue to February 26, 2013 at 1:30 p.m., or as soon thereafter as possible, request to consider Colonial Townpark PUD Major Amendment and associated Rezone from PUD (Planned Unit Development) to PD (Planned Development) to remove 6.29 acres from the existing PUD; and an Amendment to the Amended and Restated Colonial Perimeter Center (Colonial Townpark) Development of Regional Impact (DRI) to remove 6.3 acres, located on the east side of International Parkway, approximately ½ mile north of CR 46A, as described in the proof of publication, Colonial Realty, LP.

     Districts 1, 2, 3 and 5 voted AYE.

LAND DEVELOPMENT CODE AMENDMENT/WEIGHTED METHOD

FOR DETERMINING SINGLE-FAMILY RESIDENTIAL COMPATIBILITY

     Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance enacting an amendment to Chapter 30 of the Land Development Code of Seminole County, repealing Section 30.1380.3, Seminole County Weighted Method for Determining Single-Family Residential Compatibility in Residential Land Use, received and filed.

     Jeff Hopper, Planning & Development, addressed the Board to advise the proposed ordinance would repeal Section 30.1380.3 of the Land Development Code which requires that a rezoning application for a single-family residential zone go through an analysis by staff to determine “compatible zoning” that may differ from the applicant’s requested zoning.  This analysis is done in low density residential future land use and identifies appropriate zoning district, such as R-1AA, that reflects the average lot size within a radius around the development site.  This finding will become the recommended zoning for the site.  The purpose of the process was to ensure compatibility between neighboring properties and avoid sharp changes in density going from one development to another.  However, staff’s finding in using it for a number of years is that it may encourage urban sprawl by spreading development over larger areas than necessary and holding densities below what the housing market may want.  Seminole County adopted new buffering standards in November that would provide some compatibility protections that were not there before.  This ordinance is part of a larger ongoing effort to streamline the code and make it more user friendly.  Staff recommends approval of the request. 

     No one spoke in support or in opposition.

     Motion by Commissioner Horan, seconded by Commissioner Carey to adopt Ordinance #2013-7, as shown on page ________, enacting an amendment to Chapter 30 of the Land Development Code of Seminole County, repealing Section 30.1380.3, Seminole County Weighted Method for Determining Single-Family Residential Compatibility in Residential Land Use, as described in the proof of publication.

     Districts 1, 2, 3 and 5 voted AYE.

BOA APPEAL/Roper

     Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to deny a Special Exception to allow the expansion of an existing church within the A-5 (Rural) zoning for property located on the northeast corner of Snow Hill Road and Willingham Road, particularly known as 3370 Snow Hill Road, Christopher Roper on behalf of Cornerstone Church of Orlando, received and filed.

     Chairman Dallari advised that the applicant has withdrawn this item.

     At the request of Commissioner Carey, Nicole Guillet, Economic and Community Development Services Director, addressed the Board to explain what it means when an applicant withdraws from the process.  She stated if the applicant wanted to reconsider or come back with an alternative proposal, they would start at the beginning of the process.

VACATE ACCESS EASEMENT/SJRWMD & Clonts Family Ltd.

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to vacate and abandon the access easement established in Deed Book 60, Pg 433; consider a Resolution accepting the Warranty Deed from the Louis P. Tulp Revocable Trust for property necessary for the construction of a cul-de-sac on Brumley Road; and approve a waiver of the vacate application fee in the amount of $1,100, minus the associated advertising fees, for property located east of the easterly terminus of Brumley Road, St. Johns River Water Management District (SJRWMD) and William & Thelma L. Clonts Family Limited Partnership, received and filed.

     Denny Gibbs, Planning & Development, addressed the Board to state the applicants are requesting to vacate an easement in order to clarify ownership of the properties.  The right-of-way granted in the deed was once used but has been abandoned for more than 40 years.  The State has recently acquired the property and discovered the subject deed encumbrance after the acquisition.  The property is being dedicated to the County by Mr. Tulp in order to provide a new cul-de-sac at the end of Brumley Road.  Staff recommends approval of the request.

     Upon inquiry by Commissioner Carey, Brett Blackadar, County Engineer, advised the SJRWMD does not waive the fees if the County submits an application, but the County could certainly ask for a waiver.  Discussion ensued.  

     Ray Bunton, St. Johns River Water Management District, addressed the Board to state he will be glad to answer any questions and he appreciates the Board’s support in this request.

     At the request of Chairman Dallari, Mr. Bunton explained the request for waiving the fees. 

     Upon inquiry by Commissioner Carey, Mr. Bunton advised the land is going to be open to the public.  He explained how the properties will be accessed if the right-of-way is vacated. 

     No one spoke in support or in opposition.

     District Commissioner Dallari recommended approval of the request and stated since SJRWMD has done a lot of things like opening property to the public, he would not have an issue waiving the fees minus the advertising costs.

     Motion by Commissioner Horan, seconded by Commissioner Constantine to adopt appropriate Resolution #2013-R-42, as shown on page _________, vacating and abandoning the access easement established in Deed Book 60, Pg 433; adopt Resolution #2013-R-43, as shown on page _________, accepting the Warranty Deed, as shown on page ________, from the Louis P. Tulp Revocable Trust for property necessary for the construction of a cul-de-sac on Brumley Road; and approve a waiver of the vacate application fee in the amount of $1,100, minus the associated advertising fees, for property located east of the easterly terminus of Brumley Road, as described in the proof of publication, St. Johns River Water Management District and William & Thelma L. Clonts Family Limited Partnership.

     Districts 1, 2, 3 and 5 voted AYE.

FLORIDA AVENUE LSFLU MAP AMENDMENT & REZONE/Indev, Inc.

     Proof of publication, as shown on page ________, calling for a public hearing to consider transmittal of a Large Scale Future Land Use Map Amendment from R-5 (Rural-5) to PD (Planned Development) and the associated Rezone from A-5 (Rural Zoning Classification/Rural Subdivision Standards) to PD (Planned Development) for 38.13 acres located on the southwest corner of Florida Avenue and Lake Charm Drive, approximately 0.50 miles east of SR 434, Indev, Inc., received and filed.

     Cynthia Sweet, Planning & Development, stated the applicant has requested that this item be continued to February 26, 2013. 

     Commissioner Carey stated she feels it is important to have a full board in attendance to discuss property in the rural area and she is glad that the applicant has requested a continuance.  

     Mike Jones, representing the applicant, addressed the Board to state on behalf of the applicant, Indev, he is requesting the continuance.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Horan, seconded by Commissioner Carey to continue to February 26, 2013 at 1:30 p.m., or as soon thereafter as possible, request to transmit a Large Scale Future Land Use Map Amendment from R-5 (Rural-5) to PD (Planned Development) and the associated Rezone from A-5 (Rural Zoning Classification/Rural Subdivision Standards) to PD (Planned Development) for 38.13 acres located on the southwest corner of Florida Avenue and Lake Charm Drive, approximately 0.50 miles east of SR 434, as described in the proof of publication, Indev, Inc.

     Districts 1, 2, 3 and 5 voted AYE.

ORDINANCE PROHIBITING SIMULATING GAMBLING DEVICES

     Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending Chapter 222, Part II, Seminole County Code, by addressing the use of a password system explicity within the definition of Simulated Gambling Device, received and filed.

     Bryant Applegate, County Attorney, presented the request, stating the Internet cafes changed their business model, after being denied preliminary injunction against the adopted Ordinance, from a card system to a password system in an attempt to avoid coverage under the Ordinance.  He stated Seminole County’s position is that the use of passwords does not exempt what would otherwise be simulated gambling device from coverage under the Ordinance but believes it would be prudent at this time to modify the ordinance to explicitly address password systems.  The proposed amendment will amend the penalty provision to allow for alternative and multiple remedies. 

     Kevin Wimberly, 195 W. Pine Avenue, addressed the Board to inform the Board of developments going on in the litigation.  He stated he feels it would be prudent if the Board would defer this item until February 12, 2013 while they try to negotiate a resolution to the lawsuit.  He stated this amendment will require that a new complaint be filed and changes the prohibited conduct.  He said they will basically have to start from scratch in filing a new complaint.  He added rather than having two more years of litigation, he feels a proposal can be met where they can wrap up businesses within a certain amount of time and save everyone money.

     Upon inquiry by Commissioner Carey, Mr. Wimberly advised some things have been put on the table, but he doesn’t believe any final rejections or counter proposals have been made.  He stated he believes that if they seek to comply with the new ordinance, that wouldn’t stop them from filing a new complaint. 

     Adam Reger, 1200 Riverplace Blvd., addressed the Board to state he is representing Digitrac and he is here to speak in opposition to the amendment.  He stated there is concern that if this new amendment is passed, there will be substantial efforts that go to compliance.  He said he believes they can comply with the new ordinance and it does raise new constitutional issues that jeopardize the status of any negotiations that are on the table at this time.  Substantial time and effort would be going towards filing the new complaint and complying rather than trying to resolve this issue.  He added any settlement requires cooperation on both parties and by passing the new ordinance, it will jeopardize the ability of the parties to cooperate.  He stated he believes that if they can have an additional month to reach a settlement, they can get other operators to agree to the settlement and therefore, put this whole thing behind them.  He added he feels that if the amended ordinance is passed, it will jeopardize any settlement negotiations and risk the ability of the interested parties to bring the other operators to the table.

     April Kirsheman, Sheriff’s Office, addressed the Board to state the Sheriff’s office does not support a continuance.

     Mr. Applegate clarified the extensive settlement negotiations.  He stated as the County’s attorney, he is happy to discuss a settlement offer or negotiations with anyone and bring those potential offers or negotiations to the Board for consideration.  He added he doesn’t see any reason why, by adopting the proposed amendment today, those settlement negotiations, if they are serious about it, can’t continue tomorrow morning or this afternoon.  The fact that this ordinance amends the existing ordinance has no impact on whether or not they want to sit down to talk about a global settlement.  He recommended that the Board adopt the amendment to the ordinance so they can proceed forward.  He concluded that there are a lot of issues that they will have to go through to talk about a global settlement. 

     Upon inquiry by Commissioner Carey, Mr. Applegate advised he sees no reason why the adoption of this ordinance would preclude everyone from sitting down at the table to discuss a global settlement.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Horan, seconded by Commissioner Constantine to adopt Ordinance #2013-8, as shown on page ________, amending Chapter 222, Part II, Seminole County Code, by addressing the use of a password system explicity within the definition of Simulated Gambling Device, as described in the proof of publication.

     Under discussion, Commissioner Constantine stated he feels it would save the taxpayers a great deal of money if they could look for a settlement.  He stated that the proposed ordinance shows that it has stirred the pot and those that have been unwilling to discuss a settlement are now willing to do that.

     Commissioner Carey stated she doesn’t have a problem adopting this ordinance, but she thinks it is really important that everyone comes to the table with a willingness to settle this.  She stated she would like to hear from the attorney in two weeks that they have some type of settlement that is a win-win for everyone. 

     Districts 1, 2, 3 and 5 voted AYE.

CHAIRMAN’S REPORT

     Chairman Dallari congratulated Amy Lockhart for a wonderful Centennial Barbeque kickoff as well as other staff members that were involved in it.  He asked that the County Manager send a message to all Directors and Managers to make sure that all County employees are aware of the Centennial as well as the website with the events that are upcoming.

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     Chairman Dallari stated the unveiling of a new Lynx bus with a new wrapper that was designed by high school students was held this morning, and they did a phenomenal job.  He said he would like to send a letter, with each Board member’s signature, to each of the high school students thanking them for the work that they did.  The Board voiced no objections.

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     Chairman Dallari stated he will be sending a letter to the Florida Department of Transportation (FDOT) referencing their discussion on the Expressway Authority.  He asked Mr. Hartmann to get that completed by the end of the week.  No objections were voiced.

 

COMMUNICATIONS AND/OR REPOTS

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

1.      Notice to Abutting Property Owners dated January 7, 2013, from the City of Lake Mary for zoning approval to MH1, LLC/Michael Huss to conduct a home occupation for an online business selling gun cases and accessories located at 296 Leslie Lane, Lake Mary, FL. (C: BCC, Economic & Community Development Services)

 

2.      Copy of letter dated January 7, 2013, from Ron Legler, Florida Theatrical Association, to Orlando City Council, Orange County Commissioners, Community Arts Group Leaders, Dr. Phillips Center Board of Directors and Interested Arts Community Stakeholders RE: Collaboration between Florida Theatrical Association (FTA) and Dr. Phillips Performing Arts Center (DPAC) to strengthen the arts community. (C: BCC)

 

3.      Letter dated January 8, 2013, from Kevin Tatreau, Florida Housing Finance Corporation, to Chairman Brenda Carey RE: notification of scoring and ranking of the Garden Park f.k.a. Garden Grove Development to be within the funding range to receive a 2012 Housing Credit allocation. (C: BCC, Community Services)

 

4.      Letter w/attachments dated January 8, 2013, to Chairman Bob Dallari from Deborah Schafer, 1740 Brumley Road, Chuluota, FL, RE: information regarding Cornerstone Church’s expansion request. (C: Economic & Community Development Services)

 

5.      Copy of letter dated January 9, 2013, from Cathy Galavis, Florida Department of Revenue, to Honorable Ray Valdes, Seminole County Tax Collector, RE: Mr. Valdes’ option to become a budget officer pursuant to Section 145.022, Florida Statutes. (C: BCC)

 

6.      Letter received January 10, 2013, from Congressman John Mica, Washington, D.C., to Chairman Dallari RE: Opening of new 7th Congressional District Office to represent an expanded District 7 including Eastern Seminole and Orange Counties. (C: BCC)

 

7.      Notice of Public Hearing dated January 14, 2013, from the City of Sanford regarding adoption of Ordinance 4284 annexing property between Lemon Street and Wylly Avenue and between Grandview Avenue and Sanford Avenue. (C: BCC, Economic & Community Development Services)

 

8.      Copy of letter w/attachment dated January 11, 2013, from Florida Blue to Meloney Lung, Internal Support Services Manager, RE: Pharmacy Rebate Program. (C: BCC, Human Resources)

 

9.      Letter dated January 15, 2013, from Juan Guerra, Progress Energy, to SEMINOLE BCC COUNTY SERV BLDG RE: Transmission Line Maintenance Pole Replacement Program. (C: BCC, Facilities)

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Horan stated the “Open for Business” initiative has made the procedures for permitting and licensing more simple and easier for businesses and developers.  He stated he believes the Board took a good step today by removing the equation on the Weighted Residential calculation.  This will remove 10½ pages from the Land Development regulations.  He commended staff for bringing this item before the Board as this move will serve the public and make it much easier for the County to conduct business.

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     Motion by Commissioner Constantine, seconded by Commissioner Carey to appoint Fred Nelson to the Parks and Preservation Advisory Committee for a three-year term ending January 1, 2016, Resolution #2013-R-44, as shown on page ________; and appoint Maryann King to the Animal Control Board for a one-year term ending January 1, 2014, by Resolution #2013-R-45, as shown on page ________.

     Districts 1, 2, 3 and 5 voted AYE.

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     Motion by Commissioner Constantine, seconded by Commissioner Carey to adopt appropriate Resolution #2013-R-46, as shown on page ________, of Appreciation commending Jay Ammon for his service on the Code Enforcement Board; adopt appropriate Resolution #2013-R-47, as shown on page ________, of Appreciation commending Dave Putz for his past service on the Contractor Examiners Board; adopt appropriate Resolution #2013-R-48, as shown on page _________, of Appreciation commending Charles Lippoldt for his past service on the Contractor Examiners Board; adopt appropriate Resolution #2013-R-49, as shown on page _________, of Appreciation commending Paul Zuromski for his past service on the Historical Commission; and adopt appropriate Resolution #2013-R-50, as shown on page __________, of Appreciation commending Emilio Perez for his past service on the Parks and Preservation Committee.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Constantine informed the Board of a Speak-up Wekiva Rally at the Wekiva Springs State Park on February 16, 2013, between 10:00 a.m. and 4:00 p.m., with a number of keynote speakers, especially former Governor and U.S. Senator Bob Graham.

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     Chairman Dallari submitted Commissioner Henley’s district report (received and filed) containing appointments, reappointments and resolutions of appreciation.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to reappoint Stephen Browne to the Animal Control Board for a one-year term, by Resolution #2013-R-45; reappoint David Evans to the Agriculture Advisory Committee for a two-year term, by Resolution #2013-R-51, as shown on page ________; reappoint James Depoy and Marti Chan to the Contractor Examiners Board for a one-year term, by Resolution #2013-R-52, as shown on page ________; reappoint Imogene Yarborough to the Historical Commission for a two-year term, by Resolution #2013-R-53, as shown on page _________; reappoint Dudley Bates to the Planning and Zoning Commission for a four-year term, by Resolution #2013-R-54, as shown on page ________; reappoint Brian Kirby to the Parks and Preservation Advisory Committee for a three-year term, by Resolution #2013-R-44; appoint Ben Tucker to the Board of Adjustment for a four-year term, by Resolution #2013-R-55, as shown on page _______; appoint Heather Hohman to the Historical Commission for a two-year term, by Resolution #2013-R-53; adopt appropriate Resolution #2013-R-56, as shown on page _________; of Appreciation commending Joshua Smith for his service on the Parks and Preservation Advisory Committee; adopt appropriate Resolution #2013-R-57, as shown on page ________, commending George Distler for his service on the Library Advisory Board; adopt appropriate Resolution #2013-R-58, as shown on page ________, commending Alex Dickison for his service on the Historical Commission; and adopt appropriate Resolution #2013-R-59, as shown on page ________, commending Mike Bass for his service on the Board of Adjustment.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Carey stated she would like to make sure that the Centennial is very prominent on the County website as that should be the first thing you see on that site for at least the next 90 days.

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Commissioner Carey acknowledged that there are two events coming up: one is on January 24, Centennial Educators Open House, and the other is the Black History Month celebration on February 9 starting at 2:00 p.m. at the Goldsboro Museum and at 4:00 p.m. at the Public History Center. 

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     Commissioner Carey stated she attended the first Port Authority Board meeting last week and there was discussion with regard to an increase of the Executive Director’s salary.  The Port Authority recommended that there would be a salary increase from $103,000 to $125,000 a year.  The Port Authority has formed a committee to review that.  She said she provided the Port Authority’s Board with a list of the County’s directors’ salaries and their range is from $104,000 to $130,000.  She stated she understands that the Administrative Assistant, Irene Dolgner, will be retiring this year and her position will not be difficult to fill.  The County’s employees went for several years without having an increase and she feels that for this kind of recommendation is out of line.  She added it has been Mr. Hartmann’s policy to do away with contracts as most of the employees serve at the pleasure of the County Manager. 

     Mr. Hartmann stated as far as the contracts go, he doesn’t feel that they are necessary and he expects to continue that process in the future.  The County does have a number of employees with employment contracts as that was the practice for years, which set forth some terms for separation when needed.  He stated he feels the County needs to pay attention to the market place because if they really want good people, they will have to attract them and maintain good salaries. 

     Commissioner Carey stated two committees were formed.  One committee will review the process of how they qualify candidates at the Port Authority.  The other committee will look at the salary issue for the executive director.

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     Commissioner Carey stated new microphones were purchased for the Chambers and they are not as good as the old ones.  She said a number of people have informed her that they cannot hear the Board members.  She requested staff check the microphones as it is not easy to hear anyone at the podium.  She also requested that the item be shown on the monitor for people in the audience who cannot hear. 

COUNTY MANAGER’S REPORT

     No Report.

COUNTY ATTORNEY’S REPORT

     Mr. Applegate stated he assumes that the Board has had a chance to review the reformatted Charter and he would like to proceed with same.  Chairman Dallari recommended that Mr. Applegate contact Commissioner Henley with regard to same.  Mr. Applegate stated the Clerk’s office did not have a problem with the reformat.  He commended Assistant County Attorney, Kathy Furey-Tran, for her good work on the analysis. 

     Commissioner Horan stated the reformatted Charter is particularly useful so that all of the operable provisions are together.  He added he felt that the footnoting regarding the provisions that have been challenged and could be challenged was particularly useful.

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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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