BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 28, 2014
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 10:30 a.m., on Tuesday, January 28, 2014,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Robert Dallari (District 1)
Vice
Chairman Brenda Carey (District 5)
Commissioner John Horan
(District 2)
Commissioner
Lee Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Chief
Deputy Clerk Bruce McMenemy
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Eva Roach
Chairman Dallari explained that the BCC meeting was scheduled at
10:30 due to a photo shoot with the Florida Department of Transportation and
SunRail.
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Dr. DeGrando Franks, North Metropolitan Church of God, Longwood,
gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The Business Spotlight video for South Seminole Farm and Nursery
was presented.
AWARDS AND PRESENTATIONS
Dr. Swannie Jett, Seminole County Health Department
Administrator, addressed the Board to present an Annual Health Report. The Annual Health Report 2012 was received
and filed. Dr. Jett displayed a
PowerPoint Presentation entitled “Population Health in Seminole County” and
began by reviewing the Ten Essential Services of Public Health that they will
be focusing on. He stated a Health
Summit is scheduled for April 24 and he would like the Chairman to speak at
that summit. Dr. Jett said this summit
will be the first collaboration between Healthy Seminole and Healthy
Orange. He continued by reviewing the Agenda,
and DOH – Seminole County showing some of their successes over the past
year. He added the Health Department is
now project public-health ready for preparedness and they are recognized by
NACCHO. A grant was provided through the
Kaizen Institute in which two people were dispatched to look at the Health
Department’s business operations for quality improvement. The Health Department was also recognized for
text messaging with STD results. He displayed
the Financial Profile showing the Four-year Budget Trend, Revenue and Expenses. He stated there is a downward trend in their
finances to almost $3 million, and one of the biggest changes to come will be
managed-care reform for Medicaid.
Upon inquiry by Chairman Dallari, Dr. Jett advised that they will
have approximately a $1.5 million cut in their Medicaid resources. Commissioner Horan stated the Transportation
Disabled Local Coordinating Board is encountering a similar dynamic as they
move to managed care because that also has an effect of basically implementing
a budget decrease. He stated the problem
that other ancillary providers through Medicaid have is they cannot put a
dollar amount on it now because there is no idea as to how the managed care is
going to work out. Dr. Jett stated Seminole
County’s Health Department operations are robust compared to other health
departments because they provide prenatal care, pediatric services and dental. He stated with that model, they will have to
look at changing the staffing and better streamlining their processes. They also have contracts with Florida
Hospital and Central Florida Hospital for prenatal, and they handle the
deliveries. Over the last couple of years,
they have probably almost lost $400,000 with that program. Dr. Jett stated he alerted Florida Hospital
and Central Florida Hospital that they may have to renegotiate half of the changes.
Chairman Dallari requested more information on the financial aspect
as to how it could potentially affect the community. He stated this may be something that the
Board may want to express their concerns through the legislative
priorities. Dr. Jett stated the Health
Department is supposed to lead people to services, and he will give the Board
some idea as to the reach they need to have in terms of not just healthcare,
but health for the overall population.
Dr. Jett continued by reviewing the County Health Rankings;
Health Behaviors (30%) for 2013; Health Outcomes; Annual Income Distribution;
Educational Attainment by Population; Top Seven Primary Health Conditions
Responsible for Hospitalization; and the Leading Causes of Death. Dr. Jett stated the numbers for homicide are not
that high, but what is high is the suicide rate. He displayed the Quality of Life Measures
that they are trying to work with and stated the one biggest factor that has
more influence with health is Socioeconomic Factors. He stated the biggest Social Determinants of
Health is Health Behaviors (40%) and that is the hardest thing to change. The Public Health System includes everyone in
terms of health in an all-policies approach. He explained how the health impact
assessment influences the community and how the DOH grows. Dr. Jett concluded by reviewing the
Clinical/Community Population Health Intervention Model. He stated one of the aspects of making sure
they do more prevention is to do better data collection. He
stated they are expanding their partnership and the Department of Health will
have to do a better job identifying health issues which is the reason a Health
Summit has been scheduled. The Health
Department will be looking at environmental policy changes and how to do a
better job of coordinating the health care industry.
Commissioner Horan stated the statistics in the annual report
are for 2012, as the 2013 stats are not available to date. He stated the report indicates that there
were about 4,500 live births in Seminole County and he would question how many
of those births involved the Health Department in terms of prenatal care. Dr. Jett stated he doesn’t have those numbers
at this time but can provide those to the Board. He stated he believes they average about 400
to 500 deliveries in an undocumented prenatal model and that averages out to
about 10% overall, but it could be higher.
Chairman Dallari confirmed that Dr. Jett will provide to the
Board numbers on the births in Seminole County involving the Health Department
and on the shortfalls.
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Chairman
Dallari recessed the meeting of the Board of County Commissioners at 10:45 a.m.
and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
U.S. 17-92 CRA
Tom Tomerlin, Economic Development Director, addressed the Board
to request approval of the First Amendment to the CRA Redevelopment and
Construction Grant Agreement with Seminole Sir Vac & Sew Vacuum Village,
for the property located at 700 North Street, Fern Park, and the U.S. 17-92
Community Redevelopment Agency (CRA) extending the completion date from March
31, 2014 to September 30, 2014. Mr.
Tomerlin advised this project has run into some construction delays and all
parameters within the agreement will remain consistent with the exception of
the completion date. He stated staff is
recommending approval of the request.
Commissioner Horan clarified that the County hasn’t paid
anything under this incentive to date and the only thing they are talking about
is extending the date.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Carey to
approve the First Amendment, as shown on page ________, to the CRA
Redevelopment and Construction Grant Agreement with Seminole Sir Vac & Sew
Vacuum Village, for the property located at 700 North Street, Fern Park, and
the U.S. 17-92 Community Redevelopment Agency (CRA) extending the completion
date from March 31, 2014 to September 30, 2014.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Dallari adjourned the U.S. Highway 17-92 Community Redevelopment Agency at 10:48
a.m., and reconvened as the Board of County Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, stated staff is requesting that
Item #22, approve Resolution creating a new “stand alone” ethics document, under
the County Attorney’s agenda, be pulled
and brought back at the next meeting.
Commissioner Carey requested that Item #5, Adopt a Resolution to
update fees collected by the Development Services Department, be pulled for a separate vote.
Motion by Commissioner Carey, seconded by Commissioner Horan to
authorize and approve the following:
County Manager’s
Office
Business Office
3. Approve the Stipulated Settlement
Agreement, as shown on page ________, for the Notice of Change to Rule
62-40.416 Florida Administrative Code between Seminole County and The State of
Florida Department of Environmental Protection; and authorize Mr. Douglas
Manson, Manson Bolves, P.A., outside counsel, to execute the Settlement
Agreement. (Case #13-4980RP)
Community
Services
Community
Development Division
4. Approve and accept the
Neighborhood Stabilization Program (NSP) monthly Snapshot Report and a listing
of properties acquired by Seminole County Government.
Development
Services
Planning &
Development Division
6. Approve the final plat for the
Silverleaf subdivision containing 114 lots on 32.40 acres located on the east
side of north Oregon Street, approximately 0.75 miles north of West SR 46, KB
Home Central Florida.
7. Approve the final plat for the
Sanctuary at Aloma subdivision containing 23 lots on approximately 9.3 acres located
on the south side of Grove Avenue, approximately 0.38 miles south of Howell
Branch Road, Vernon Priest.
8. Authorize the Chairman to execute
the Release of Lien, as shown on page _________, for Case No. 09-88-CEB on 1409
Dixie Way, Sanford, Tax Parcel #35-19-30-514-0000-0230, previously owned by Jesus
Garcia and currently owned by Hope ALF.
Environmental
Services
Business Office
9. Adopt appropriate Resolution #2014-R-27,
as shown on page __________, amending Seminole County Administrative Code
Section 20.45 with updates addressing the purpose, definitions, rates and
charges for Blanket Deposits and Out-of-County Industrial Wastewater services.
Utilities
Engineering
10. Approve and authorize the
Chairman to execute a Temporary Blanket Power Easement, as shown on page
________, to enable Duke Energy to run power service to the new transformer
across the Lynwood WTP site.
Public Works
Engineering
Division
11. Approve and authorize the
Chairman to execute an Interlocal Agreement, as shown on page ________, between
Seminole County and the City of Sanford relating to Jurisdictional Road
Transfer of Segments of 13th Street (U.S. Highway 17-92 to Sanford Avenue) and
Celery Avenue (Sanford Avenue to the eastern city limits of Sanford).
12. Approve and authorize the Chairman
to execute a Purchase Agreement, as shown on page ________, between Daniel R.
Cash and Seminole County for property necessary for the construction and maintenance
of a sidewalk along a portion of Dike Road.
Watershed
Management Division
13. Approve and authorize the
Chairman to execute a Joint Participation Agreement Number 2, as shown on page
________, with the Florida Department of Transportation in conjunction with the
Lake Jesup Basin Management Action Plan.
Resource
Management
Business Office
14. Approve and authorize staff to
submit a Grant Application to the U.S. Department of Housing and Urban
Development (HUD) through the FY 2013-2014 Continuum of Care (CoC) Program in
the amount of $254,111 and $98,444 for the Shelter Plus Care Grants 1 and 2
renewal; and authorize the County Manager to designate the Director of
Community Services to execute any documents associated with the application on
behalf of the County in accordance to Administrative Code Sections 1.10 and
22.20 D(1)d.
Budget and
Fiscal Management Division
15. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-28, as shown on page
________, implementing Budget Amendment Request (BAR) #14-028 through the
Public Works Grants Fund to reduce grant funding in the amount of $31,829 for
the construction and CEI phases of the Eastbrook Elementary School Sidewalks
project. (FPN# 429597-1-58/68-01)
16. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-29, as shown on page
________, implementing Budget Amendment Request (BAR) #14-029 through various
funds in the amount of ($1,038,822) in order to carry forward remaining
available grant balances from FY 2012/13 to FY 2013/14.
MSBU Division
17. Authorization to schedule and
advertise a public hearing to consider adopting an ordinance establishing the
Sweetwater Cove Lake Aquatic Weed Control and Lake Management MSBU.
Purchasing &
Contracts Division
18. Approve the Assignments, as shown
on page __________, of Master Services Agreements (MSA's) from Bowyer Singleton
& Associates, Inc., to Dewberry/Bowyer Singleton for the following:
PS-332-96/BJC - Engineering Services for Lake Emma Road (Longwood Hills Road to
Sand Pond Road); PS-5187-05/PWM - Highway Final Design and Permitting for S.R.
434 from Interstate 4 to Rangeline Road; and PS-4202-09/DRR - Dean Road
Widening Project Pre-Design and Final Design; and authorize the Purchasing
& Contracts Division to execute the Assignments.
19. Approve an increase to the Board-approved
Estimated Term Usage for Master Service Agreement (MSA) PS-7105-11/RTB -
Engineering and Design Services for the Safety Improvements along CR 46A from
Ridgewood Avenue to Hartwell Avenue, by an additional $100,000 over the term of
the MSA.
20. Award RFP-601871-13/TLR, as shown
on page ________, Grant Consultant Services Agreement to Langton Associates,
Inc., Jacksonville; and authorize the Purchasing and Contracts Division to
execute the Agreement.
21. Authorize the Termination for
Convenience of IFB-601802-13/TLR - Term Contract for Fire Sprinkler Inspection,
Testing, Certification and Repair with Carpenter Fire Protection, Inc., Geneva;
award an Agreement, as shown on page _________, to Space Coast Fire &
Safety, Inc., Merritt Island; and authorize the Purchasing and Contracts Division
to execute the Agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to
adopt a Resolution amending the Seminole County Administrative
Code to update the schedule of fees collected by the Development Services
Department, was presented.
Commissioner Carey stated staff is basing
this amendment to a 2008 report, which was obviously a report before the
economy went down. She stated the
biggest concern she has deals with the variance fees shown on page
20.10-3. The variance application is $150
and it is recommended that it be increased to $500, for example. She added she does have a problem with that
amount for a development, but she wouldn’t want to pay $500 for a variance to
put up a fence. She stated she feels
that is excessive for the citizens of this county, and she would like staff to
either amend that number or look at it a little closer.
Tina Williamson, Development Services,
addressed the Board to state staff can break out a separate category for
residential versus commercial.
Commissioner Carey stated staff broke it out for a low to moderate
target area at $150, regardless of what socioeconomic situation a person is
in. She stated she understands the
development community paying their way, but she doesn’t believe the citizens
should pay that amount especially with not knowing what the outcome will
be. She suggested changing the variance
fee for low to moderate target area maybe to $100 and recommended leaving the
fee at $150 for a single issue, single property. Commissioners Dallari and Horan agreed with
the points Commissioner Carey made.
Commissioner Horan stated he feels that a
more surgical approach to the variance fees would probably be in order. Staff can determine what types of things they
have special permits for as that may give them some guidance in terms of a more
surgical way of calculating the variance fees.
Commissioner Carey referred to page 20.10-6
and stated if an applicant is in the process of doing a major subdivision plat
and has paid a fee, they have to pay another 50% of the original fee with no
maximum set to resubmit their documents.
She said she doesn’t feel that the development community should be
penalized if staff is taking more than “one bite of the apple.” She also referred to a separate fee for
engineering inspections for required improvements and also inspections for water
and sewer utilities on page 20.10-7, and stated that the fee for a project
under $500,000 would be $10,000 to inspect engineering improvements. Ms. Williamson advised that is the current
fee and staff is not proposing any changes. She explained that it was part of the Public
Works inspection process.
Nicole Guillet, Development Services Director,
addressed the Board to state this particular proposal focuses only on building
permits and inspection fees and the development review fees. The engineering inspection fees and any fees
relating to the utilities remain unchanged.
There were no discussions about adjusting those fees. Staff can take a look at the other fees as
well.
Commissioner Carey recommending continuing this item
to the next meeting to allow the Board to obtain a redline of those documents
so they can easily see what is going on.
Motion
by Commissioner Carey, seconded by Commissioner Horan to continue request to adopt
a Resolution amending the Seminole County Administrative Code to update the
schedule of fees collected by the Development Services Department.
Under discussion and upon inquiry by
Commissioner Horan, Ms. Guillet advised staff will give the Board a
strikethrough version. She stated staff
provided the Board with a spread sheet before they discussed this issue with
the community. There have been some
adjustments based on some of the feedback.
Commissioner Constantine stated he agrees
that there needs to be a difference in the cost between residential and
commercial. He stated he would like
staff to review those numbers in the long term instead of keeping it at a
particular number.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S
CONSENT AGENDA
Chairman Dallari advised that Item #22,
request to adopt a Resolution creating a new “stand alone” ethics document as
Section 24.1 of the Administrative Code and Policy Manual, has been pulled.
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Mr. Applegate presented the request to
amend sections of the Seminole County Administrative Code to establish
parameters for reimbursement of Commissioners’ travel. The following will not require prior approval
by the Board: (1) travel outside
Seminole County including airfare when a Board member is acting as an official
representative of the County or acting as a Chairman/Board appointed alternate
due to the appointed member’s absence; and, (2) attendance at regional, state
or national conferences conducted by organizations primarily consisting of
government officials, such as, but not limited to the Florida Association of
Counties and NACo. The Board previously approved
during the budget process the amount of $9,000 to be divided equally.
Upon inquiry by Chairman Dallari, Mr.
Applegate advised the total budget item is divided and they are not exceeding
that budget item by approving this action.
Commissioner Carey stated she feels that
staff needs to clarify in the resolution what happens if a Board member exceeds
their allotted amount.
Commissioner Horan stated if they go over
the amount that is allotted, then they would pay for it themselves. Commissioner Carey stated the resolution
doesn’t give the Clerk’s office clear direction as to what they need to do if
that happens.
Commissioner Carey suggested they alter
their expense report form in order to keep a running total because even though
it will come before the Board, she doesn’t want to have to monitor the
numbers.
Chief Deputy Clerk Bruce McMenemy stated
the only time they would get into a situation is if the County’s travel card is
used to incur some of the expenses, then they could end up exceeding their
budget amount. If it is on a credit
card, they wouldn’t be seeking reimbursement.
Commissioner Horan clarified that only travel expenses come out of the
$1,800.
Chairman Dallari stated it needs to be clarified
in the policy as to what line item this will be coming out of, and a running
total needs to be included in the request form.
Commissioner Carey stated she feels the
total amount needs to be identified somewhere so they can keep the total
running, as well as tweaking the reimbursement form.
Chairman Dallari stated it needs to be very
clear that if a Board member runs over the $1,800 mark, even if they are using
a purchasing card, they are responsible for keeping it under the allotted
amount of $1,800. The Board had no objections to bringing back the
request to adopt a Resolution amending Section 3.51 of the Administrative Code
and Policy Manual establishing parameters for reimbursement of Commissioners’
travel, so there is total clarity.
CONSTITUTIONAL OFFICERS
CONSENT AGENDA
Motion by Commissioner
Horan, seconded by Commissioner Carey to authorize and approve the following:
Clerk’s Office
24. Expenditure Approval Lists, as shown on page
________, dated December 23 and 30, 2013; and Payroll Approval List, as shown
on page _________, dated December 28, 2013; approval of BCC Official Minutes
dated December 10, 2013; and noting, for information only, the following
Clerk’s “received and filed:
1.
Amendment
#3, as shown on page ________, to Work Order #41 to PS-4388-09.
2.
Change
Order #1, as shown on page ________, to Work Order #20 to CC-5075-10.
3.
Change
Order #1, as shown on page ________, to CC-8160-12.
4.
Change
Order #4, as shown on page ________, to RFP-7760-12.
5.
IFB-601883-13,
as shown on page ________, Purchase of Cyberlock Products by Practical Products
Group, LLC.
6.
Amendment
#3, as shown on page ________, to Letter of Credit #55102185 for Grande Oaks
Subdivision.
7.
Amendment
#1, as shown on page ________, to Work Order #99 to PS-1529-06.
8.
Amendment
#7, as shown on page ________, to IFB-600966-10.
9.
Amendment
#2, as shown on page ________, to Work Order #16 to PS-5438-10.
10.
Change
Order #2, as shown on page ________, to CC-8501-13.
11.
Memorandum
from Public Service Commission regarding Docket #130223-EI.
12.
Work
Order #53, as shown on page ________, to RFP-8312-12.
13.
Amendment
#1, as shown on page ________, to Work Order #100 to PS-1529-06.
14.
Amendment
#4, as shown on page ________, to Work Order #4 to PS-5107-01.
15.
Amendment
#2, as shown on page ________, to Work Order #27 to PS-2564-07.
16.
Amendment
#1, as shown on page ________, to Work Order #14 to PS-2564-07.
17.
Amendment
#2, as shown on page ________, to Work Order #26 to PS-2564-07.
18.
Work
Order #6, as shown on page ________, to PS-8186-13.
19.
Work
Order #10, as shown on page ________, to PS-8047-12.
20.
Amendment
#2, as shown on page ________, to Work Order #30 to PS-1529-06.
21.
Amendment
#1, as shown on page ________, to Work Order #10 to RFP-5706-10.
22.
Amendment
#3, as shown on page ________, to Work Order #1 to RFP-5706-10.
23.
Amendment
#1, as shown on page ________, to Work Order #45 to PS-4388-09.
24.
Audit
Report from Maryanne Morse regarding the Limited Review of Portable Generators.
25.
Memorandum
from Public Service Commission regarding Docket #130223-EI.
26.
Amendment
#2, as shown on page ________, to Work Order #1 to RFP-7423-12.
27.
Amendment
#2, as shown on page ________, to Work Order #3 to RFP-7423-12.
28.
Amendment
#1, as shown on page ________, to Work Order #18 to RFP-7423-12.
29.
Amendment
#1, as shown on page ________, to Work Order #11 to RFP-CS01-12.
30.
Amendment
#1, as shown on page ________, to Work Order #10 to RFP-CS01-12.
31.
Amendment
#1, as shown on page ________, to Work Order #4 to RFP-CS01-12.
32.
PS-8565-13,
as shown on page ________, Construction Engineering and Inspection Services
Agreement, Federally Funded Local Agency Program Projects, HDR Construction
Control Corporation, per Board approval on July 23, 2013.
33.
Amendment
#2, as shown on page ________, to IFB-601516-12.
34.
Work
Order #2, as shown on page ________, to PS-2144-07.
35.
Amendment
#3, as shown on page ________, to IFB-601461-12.
36.
Florida
Public Service Commission Conference Agenda, scheduled for January 7, 2014.
37.
Letter
dated December 16, 2013, from Chairman Dallari to Donna Gardner, Clerk of the
City of Sanford, stating Commissioner Constantine will continue to serve as
liaison representative for the Seminole County Board of County Commissioners to
CALNO.
38.
Bids for
CC-9000-13.
Districts 1, 2, 3, 4 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.
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The Board noted, for information only, the
Informational Budget Transfer Status Report for FY 2013/14.
COUNTY ATTORNEY’S
REPORT
No Report.
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Chairman Dallari announced that a work
session is scheduled in the Conference Room (Room 3024) on the third
floor.
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Chairman
Dallari recessed the meeting at 11:04 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach who was replaced by Deputy Clerk Erin Leben, 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, 4 and 5 voted AYE.
PUBLIC
HEARINGS
BOA APPEAL/George Kramer
Continuation of a public hearing to
consider an Appeal of the Board of Adjustment
decision to approve a Special Exception for a Marina in the A-3 (Agriculture)
district, for property located on the north side of Black Hammock Road,
approximately 150 feet east of Palm Drive, particularly known as 2332 Black
Hammock Road, Robert King & Shari King, appellant and George Kramer, applicant.
Denny Gibbs, Planning & Development, addressed the Board to
present the item. She stated she submitted a memo dated January
17 (received & filed) to the Board, which included a revised Development
Order with strike-through and underlined changes. She offered to answer any questions from the
Board.
Upon
inquiry by Commissioner Horan, Ms. Gibbs stated that the portion of the
proposed approval Development Order was submitted by the applicant with some
justifications quantifying how it compares with the mini-golf that they
removed. She confirmed that the document
depicts what the applicant is willing to agree to subject to deliberation and
decision by the Board.
Chairman
Dallari stated that since there was a major change, they will be accepting
public input.
Upon
inquiry by Commissioner Carey, Ms. Gibbs stated that the cabins are still to be
less than 500 square feet each.
Robert
King, appellant, 2211 Black Hammock Road, addressed the Board to state he and
his neighbors continue to ask them to correct the mistake that the Board of
Adjustment made. He believes that in
order to gain votes, Hammy Land has simply and repeatedly reduced the scope of
the project. He stated that the
application lives or dies on the existence of the marina. He stated that the new marina is a marina in
name only, and none of the other active uses are capable of legal existence
under the County Code.
Mr.
King stated that it is their observation that from the very inception of the
application, County staff has guided this proposal through the process, seeking
its approval by supplying hints and ideas that are all derived from this
fictional premise that this private land inaccessible to a boaters’ dock is
actually a marina. He believes staff
slanted the reporting on the true effect to the community. He believes that from the beginning, respect
for the Land Development Code has been secondary to finding a way to press
intent and meaning to support a preconceived outcome.
Mr.
King stated he feels that many of the subjective conclusions within the staff
report dismiss or minimize the significance of allowing this type of 24/7,
365-day commercial activity to take place in an inappropriate location. He expressed that even though the BOA chose
to agree on staff’s report, which he added had flawed assumptions and
assertions, the BCC doesn’t have to.
Mr.
King advised that the staff report ties the two properties together by using
the adjacent non-conforming nightclub marina as a driver for the area
development trends. The BOA vote results
in the expansion of an existing non-conforming use, even though the report
leads one to believe otherwise. He stated
their objections to the approach are on record.
He believes it is not how the neighborhood’s fate should be shaped. He fears if the Board allows the application
to move any farther forward, they will be intentionally creating a new area
development trend of commercial activity contrary to the intent and direction
of the Land Development Code.
Mr.
King expressed that he feels after nine months of what he believes to be the
distorted application process, which consists of significant changes, they have
been forced to participate in exercises that demand the compromising of logic
itself. He stated that from the
beginning, the community has demanded and believed that this was to be a
“no-alcohol” project, adding that every document has clearly stated that. He stated this contradicts the latest changes
inserted by the applicant and staff, as it allows alcohol and fireworks on the
property four times a year. He stated
that Hammy Land’s latest submission included the words that have now been
adopted by staff’s proposed order that they would allow alcohol at special
events.
Mr.
King distributed a sheet showing a timeline of the project (not received &
filed.)
Mr.
King stated that they still oppose this application, but requested they keep
the land free of alcohol. He explained
they are not the opponents of anything; they are positive advocates for their
lives and their investments. He feels
that staff are advocates for the project, and requested that the Board be
advocates for the community. They fear some
sense of legal action under the guise of property rights. He believes they only have the right to this
special exception if this land-access-only dock is a marina, and it is
not. He stated the property rights of
the neighbors are strong.
Mr.
King stated that this property should be rural; calm by day, dark and quiet by
night, and meant to stay that way. He
feels that his community has done nothing wrong to be treated this way and
feels they have been too tolerant at a worsening situation for too long.
Mr.
King feels that Commissioner Horan, their district commissioner, has made his
thoughts clear in that he intends to accept the flawed report, the defective
process, and to follow the BOA in allowing the travesty to escalate. He expressed that Mr. Martin does have the
right to develop his property, but with the same expectation of meeting the
code requirements as any other businessman in Seminole County. He stated that to build a cabin motel or to
charge admission for active uses in the neighborhood requires a rezoning at
minimum. He requested that they hold the
applicants to the very same standard they would the other property owners in
the area. He stated that his community
will be there in supporting any project that is fair, legal, and is a positive
step forward for the community. They
want to encourage success and not reward failure. He stated that the community believed there
was to be no alcohol in this project, and if the community had known there
would be alcohol, they would not have supported the project.
Upon
inquiry by Commissioner Carey, Ms. Gibbs stated the Code allows for anybody to
get a special events permit, and alcohol is allowed as part of the special
events permit.
George
Kramer, applicant, addressed the Board and stated that when the plan has
changed, it has been done in constant coordination with the community to try to
make the plan better. He stated that in
relation specifically to the marina, they do have the pontoon boat that will be
proposed to give nature tours, as well as non-motorized boats, kayaks and canoes
that could be launched from that area and then returned to the dock.
Mr. Kramer
stated that he disagrees with Mr. King’s assertion that staff ignored the Land
Development Code. He stated it is
consistent with the Rural Character Plan, Comprehensive Plan and zoning that
talks about passive recreation opportunities that should be encouraged in the
rural area. It is not a commercial
enterprise; it’s a passive park.
Mr. Kramer
stated based on the conversations the Board had last time, they reduced the
application to 12 cabins that would be limited to 500 square feet. He said that is the lowest number they can
have as a financially feasible project.
Upon
inquiry by Commissioner Horan, Mr. Kramer stated that they originally submitted
seven cabins because they had the mini-golf component. They projected the mini-golf as being a
revenue-generating source, so when that was taken off, they evaluated adding
more cottages.
Donald
Peterson, 3585 Canal Street, addressed the Board to state that he feels that
now that this special exemption has been reopened for public comment and the
appeal process has been brought forward by Mr. and Mrs. King and George Kramer
and they have brought out various remedies, it is time to reassert the demands
of other Black Hammock residents, as it concerns all the residents of the
area. He feels that the main enemy of a
restorable lake is development, especially on a commercial level. He feels that even a passive park does not
belong on the shores of Lake Jesup. He
stated that even if a septic system is made to work in this situation, the
proposed layout is difficult in itself.
He said that local experts have indicated that at minimum when fully
occupied, there will need to be a 5,000 square foot drain field that will have
to be 200 feet from the existing four-inch well that is currently located where
the cabins will be. He stated 87 percent
of the water from the septic system makes its way back into the aquifer, which
in this case is Lake Jesup. He stated
the spodic layer at this location, which consists of carbon and iron, which is
what cleans the system, is very thin there.
He stated in this specific area of the lake, there is very high
phosphorous nitrates and fecal coliform count already. He said when you add this to drainage runoff,
fertilizer, fuel runoff, spills from cars and buses, and dumps it into an
already imperiled lake; it will just be too much. He expressed that there is tremendous concern
from the residents and from Seminole County Natural Resources Team about the
septic impacts as well as the drainage and turbidity impacts to the lake
quality. He added they are also
apprehensive regarding boat and pedestrian traffic in and around the enormous
wetland area, as is noted in the County comment document.
Mr.
Peterson stated that fire hazard is also a potential issue as it is the biggest
fear of rural residents. He advised the
Board that since before this special exception was even considered by the BOA,
they advocated for water storage and activation ability to exist on this
property.
Mr.
Peterson stated that a four-inch well to be hooked up to a fire truck is a
benign effort and only a secondary avenue if a fire event takes place at this
passive park. He stated that 15 cabins
and four pavilions all with fire pits and mostly inexperienced campers with
open fires are an accident in the making.
If a fire accident were to take place, the cabins would be lost
immediately. He stated they have
continually advocated for a 5,000 gallon on-site pressurized firefighting
station to fight a fire before it goes viral and before the fire trucks
arrive. He stated the fire experts have
already said that all of the cabins in the education center in the existing
rental home must have fire sprinkler systems.
Roberto
Gaier, representing the Black Hammock Association, addressed the Board and
stated he sees this project in different ways; the Kings bringing on some
problems and the owner presenting his own view of the project. Once the BOA approved it, they modified it
and have modified it again, which he finds deceptive and misleading.
Mr. Gaier
stated that in the original plans, this project could have possibly been a
nature center. He feels that once the
BOA approved it, the project has been changed and they are claiming they have
to make money. He feels that they cannot
tell one commission one thing and another commission another thing.
Mr. Gaier
stated they should follow the rules and implement them. He feels it is imperative to follow the
rules; otherwise they are going to keep changing the rules all the time. He stated the Kings and other people were
there before this establishment was there.
He feels that when an establishment comes in afterwards, they have an
obligation to respect what is there.
Mr. Gaier
stated that because the Black Hammock community does not have very many people,
they do not feel they have the power or the means to stand up for
themselves. He feels they could expand
the number of people to all the rural areas in the United States and have their
support.
Mr. Gaier
explained he feels the best thing to do is look at the project to see what it
would bring to the neighbors and the County, keep it in compliance with all the
laws, and see if the owner is still able to make money from the plans he
presented. Mr. Gaier expressed his
concern with the amount of traffic the project will bring in. He expressed he does not have an issue with
alcohol being used as long as it is controlled.
No one
else spoke in support or in opposition.
Speaker Request
Forms were received & filed.
Motion by Commissioner Horan, seconded
by Commissioner Carey, to uphold the Board of Adjustment decision to approve a
special exception for a marina in the A-3 (Agriculture) district, with the
conditions in the Development Order and in the findings and the approval order,
which includes the 20-foot buffer on all borders of the property for 12 cabins,
pursuant to the restrictions and conditions that are in the proposed
Development Order, as described in the proof of publication, Robert and Shari
King, appellant and George Kramer, applicant.
Upon
discussion, Commissioner Horan stated that the Commission is not acting as a
legislative body in passing on this particular application in this appeal from
the Board of Adjustment. They are acting
in a judicial capacity, which means they have to have a review of the evidence
applied against the legal standard. He
stated that the policy and rules are set out in the Land Development Code in
Chapter 30 for a Special Exception. He
said it says that in order for a property owner to have a Special Exception,
you have to produce evidence that supports five factual findings, and those
findings have been supported by the evidence both at the Board of Adjustment
and in the BCC hearings. He added they
are not making a policy decision concerning the allowed uses in the rural areas
or changing the rules, the Land Development Code or the zoning. He stated that they are not changing any of
the legislation or any of the provisions of the Charter. They are only adjudicating the rights of the
property owner under rules they have already made.
Commissioner
Carey commented that she thinks the proposal that is before the Board today is
less impactful than the one that was approved by the Board of Adjustment. She stated that a lot of things they were
concerned about are in the Development Order.
She stated there are a few things that were stated improperly
earlier. There are still no fireworks,
sparklers or alcohol allowed on the property, which is limited to four times a
year, unless they have a special event permit, and any other person could come
in and get a special event permit. She
stated that staff has opined that the concessions that have been made will not
significantly increase the traffic to the local streets and they will not be
required to make any improvements to those streets because of that. She stated that she was upset about the
comments that have been made that staff didn’t properly advise either the Board
of Adjustment or the Board of County Commissions, as they are licensed engineers
who do their research and make their report based on their research. She feels that a passive park along the
shores of Lake Jesup is a good idea and hopes there is a lot of positive
activity that comes to the park. She
added that a lot of people can’t afford boats, and this will give them the
opportunity they normally would never have to see the beautiful terrain out on
Lake Jesup.
Commissioner
Carey stated she had ex parte communications (received & filed) that are
based only on the new information. She
added she had turned in all her ex parte communications at the prior meeting.
Chairman
Dallari submitted ex parte communications (received & filed.)
Commissioners
Henley, Constantine and Horan stated they also received the same ex parte
communications.
Commissioner
Henley expressed his feeling that any land owner has the right to ask for a
special exception, but he doesn’t know if that approval is guaranteed. He feels that there has been a lot of liberty
taken with assumptions in order to arrive at some of the conclusions that are
there. He stated he respectfully
disagrees with Commissioner Horan because he believes this is inconsistent with
the development trends in that area. He
feels that it will adversely affect public interest there. He stated there are already three outstanding
nature centers, which are being provided partly by the taxpayers of Seminole
County and he has not had people come in demanding another one. He stated he feels it will affect the
character of that area as well as have the potential for creating noise and
light disturbances in the rural area; therefore, he cannot support the
proposal.
Districts
2 and 5 voted AYE
Commissioners
Dallari, Constantine and Henley voted NAY; whereupon, the motion failed for lack of a majority vote.
Commissioner
Henley stated the appellants filed a notice of appeal to Seminole County Board
of County Commissioners (BCC) and as a result of that appeal, the BCC has the
authority and responsibility to judge by virtue of Section 30.43(f) Seminole
County Land Development Code. In order
to be clear, the BCC hereby incorporates by reference the findings in the
record of November 19, 2013, December 10, 2013, January 14, 2014, and January
28, 2014 BCC meetings. Based upon this
finding of fact, he concludes that the proposed use is inconsistent with
development trends in the area. It is
detrimental to the character of the area and would adversely affect public
interest.
Motion by Commissioner Henley, seconded
by Commissioner Constantine to overturn the decision of the Board of
Adjustment; thereby denying a Special Exception for a marina in the A-3
(Agriculture) district, for property located on the north side of Black Hammock
Road, approximately 150 feet east of Palm Drive, particularly known as 2332
Black Hammock Road, and approval of the Denial Development Order, as shown on
page _________, as described in the proof of publication, Robert & Shari
King, appellant and George Kramer, applicant.
Under
discussion, Chairman Dallari stated the reason he didn’t support the last
motion is because he feels that it is not compatible and that it is an active
park.
Districts
1, 3 and 4 voted AYE.
Districts
2 and 5 voted NAY.
LAND DEVELOPMENT CODE AMENDMENT ORDINANCE/Technical Manuals
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Ordinance enacting an amendment to the Land Development Code of
Seminole County to (1) remove specific technical standards relating to Public
Works, Public Safety, and Environmental Services currently codified as
appendices therein; (2) authorize the establishment of the aforementioned
standards as “stand-alone” Engineering/Technical Manuals; and (3) establish
standards and procedures for the dedication and conveyance of rights-of-way and
easements, received & filed.
Lee
Schaffer, Engineering Division, addressed the Board to present the request
outlined in the Agenda Memorandum. The
Planning & Zoning Commission recommended approval of the request. He stated staff is requesting the following:
changing the phrase “without approval of the BCC” to “with approval of the BCC”
in Sections 5.20 (a) (b) and (c). He
added staff recommends approval.
Commissioner
Carey stated that she felt that the language on page 17 of 40 on water
facilities “whichever is most restrictive” is too harsh. She felt as long as they are following the
Seminole County rules, the Florida Department of Health and the Florida
Department of Environmental Protection, they should not add that caveat and
requested it be removed.
Chairman
Dallari agreed with Commissioner Carey.
Upon
inquiry by Chairman Dallari regarding additional requirements for signage
during construction and the Fire Tech manual, Nicole Guillet, Development
Services Director, addressed the Board to state those requirements were
submitted by the Public Safety Department.
She stated she is not sure that issue came up when they discussed it
with members of the development community and she is not sure whether it has
been resolved.
Upon
inquiry by Commissioner Horan, Ms. Guillet explained the process of the
amendment.
Commissioner
Horan requested an executive summary of what the technical manuals provide now
to help him better understand the engineering aspect of the process.
Ms.
Guillet stated she was unsure how well the documents lend themselves to an
executive summary. She stated they are
basically the design standards from an engineering and technical standpoint for
any sort of site plan that they need designed.
Commissioner
Carey stated she was concerned that they are taking things out of the Land
Development Code that after having a public discussion about them, the Board
used to have a say. Now they are moving
this to the engineering manual where the department director gets to make the
final decision, not the Board. She
stated staff does a wonderful job, but many times they tend to want to
over-regulate and put rules out that are something they would like to have
instead of something that they should be required to have.
Ms.
Guillet stated the department director will have the final say on a
recommendation regarding a proposed change, not the actual change, and then it
will ultimately come to the Board for ratification via a resolution on the
consent agenda. She believes the intent
of doing it that way was to keep it as expedited as possible. She stated the development community wanted
the Board to have some say in it, but didn’t want to be burdened by an overly
involved public process. She said there
has to be at least one workshop prior to it coming to the Board. She stated they tried to provide for adequate
public input without imposing too much of a burden to make changes that in
large part come from the development community.
Commissioner
Carey asked if they would be able to see all the technical manuals in the next
one or two meetings because if action is being taken today, the technical
manual approvals are not there for them.
Chairman Dallari stated since the technical committee’s data is completed,
then the Board should be able to see it at the next meeting.
Ms.
Guillet stated that due to the fact that there are considerable questions on
this, she suggests they consider continuing it and she will bring back a
resolution for the Board to accept the newly revised technical manuals and they
can authorize those via resolution.
Commissioner
Henley expressed his concern with everything coming back to the Board and
having to be approved by resolution. It
says that in one area that they have under consideration, but in another area
it says they are the final decision and doesn’t say anything about what they
have waived coming back to the Board. He
stated if they have policies and codes that a staffer can waive, then he would
like to know what they are.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Horan, to continue to February 11, 2014 at 1:30 p.m., or as
soon thereafter as possible, the request to consider an Ordinance enacting an
amendment to the Land Development Code of Seminole County to (1) remove
specific technical standards relating to Public Works, Public Safety, and
Environmental Services currently codified as appendices therein; (2) authorize
the establishment of the aforementioned standards as “stand-alone”
Engineering/Technical Manuals; and (3) establish standards and procedures for
the dedication and conveyance of rights-of way and easements.
Under
discussion and upon inquiry by Commissioner Horan, Ms. Guillet advised staff
will provide a document that the Board can review to see what was and was not
changed.
Commissioner
Dallari stated he would like to know why there are things being put into the
document, i.e. the signs under construction.
Ms. Guillet advised that will be part of the executive summary.
Districts
1, 2, 3, 4 and 5 voted AYE.
LINE DRIVE APARTMENTS SMALL
SCALE FUTURE LAND
USE AMENDMENT AND REZONE/H. Moiz Botee
Proof of publication, as shown on page _______, calling for
a public hearing to consider Ordinances enacting a Small Scale Future
Land Use Amendment of the Seminole County Comprehensive Plan from Planned
Development to Planned Development, and Rezone from Planned Development to
Planned Development; and associated Development Order for 0.62 acres, located
on the east side of Line Drive approximately 400 feet south of Sand Lake Road,
H. Moiz Botee, received & filed.
Brian
Walker, Planning & Development, addressed the Board to present the request
as outlined in the Agenda Memorandum. He
stated that the existing FLU and zoning designations of the property are
planned development and they allow uses in accordance with the office
professional zoning district. He
reviewed the prohibited uses and stated the proposed amendment would limit
development of this site to multifamily uses only. The applicant proposes to develop the subject
property as a two-story, seven unit apartment complex and the maximum density
would be 11.3 dwelling units per net buildable acre. The proposed land use and zoning are
consistent with the Seminole County Comprehensive Plan and are also compatible
with the surrounding area. There is a
site analysis in the staff report. The
Planning & Zoning Commission voted unanimously to approve the request. Staff also recommends approval of the FLU
amendment and associated rezone.
Jack
Reynolds, representing the property owner, addressed the Board and stated they
have reviewed the Development Order, they concur with its findings and
conditions, and he offered to answer any questions.
No one spoke
in support or opposition.
Motion by Commissioner Constantine,
seconded by Commissioner Henley, to approve Ordinance #2014-6, as shown on page
______, enacting a Small Scale Future Land Use Amendment of the Seminole County
Comprehensive Plan from Planned Development to Planned Development; to approve
Ordinance #2014-7, as shown on page ______, enacting a Rezone of the subject
property from Planned Development to Planned Development; and to approve the
associated Development Order, as shown on page ______, for 0.62 acres, located
on the east side of Line Drive, approximately 400 feet south of Sand Lake Road,
as described in the proof of publication, H. Moiz Botee.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Motion by Commissioner Carey,
seconded by Commissioner Horan to continue to February 11, 2014 at 1:30 p.m.,
or as soon thereafter as possible, request to adopt the resolution amending the
Seminole County Administrative Code to create an amendment process for the
Engineering Technical Manuals within the Land Development Code.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Jim
Hartmann, County Manager, presented a request for a resolution requesting the
Supervisor of Elections to conduct a Special Election for a One Percent
Infrastructure Sales Surtax.
Upon
inquiry by Chairman Dallari, Mr. Hartmann stated staff would like further
discussion relating to the proposed ballot language.
Motion by Commissioner Carey, seconded
by Commissioner Horan, to adopt appropriate Resolution #2014-R-30, as shown on
page ______, giving the Supervisor of Elections notice and requesting consent
to conduct a Special Election on May 20, 2014 for a One Percent Infrastructure
Sales Surtax.
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
Bryant
Applegate, County Attorney, stated that following the work session regarding
the item, the County Attorney’s Office made a few changes including two
different options and reminded the Board that it can still be changed somewhat
at the time of ordinance adoption setting the date of the election. He distributed the draft ballot language
(received & filed.)
Mr.
Applegate stated that the first option is the title, Seminole County Ten-Year
Sales Tax to Fund Countywide General Government and Public Education
Infrastructure. The ballot language
reads “the County, the Cities in the County and School Board require additional
revenue for the construction and rehabilitation of roads and transportation
facilities; bicycle and pedestrian trails; stormwater facilities; schools; and
other infrastructure uses authorized by law.
Shall the County be authorized to levy a one percent sales tax for such
uses for a ten-year period commencing on January 1, 2015.”
Commissioner
Carey stated that there are things in the wording that she felt were
unclear. She suggested they change the
wording to “The County, seven cities within the County and the School Board
require revenue for construction, rehabilitation, capital maintenance of
facilities and infrastructure needs for transportation, stormwater, public
education, and bicycle and pedestrian trails.
The proposed revenue source is one cent per dollar sales surtax on
taxable transactions occurring within Seminole County for a period of ten
years. If adopted, this tax will be
levied effective January 1, 2015.”
Commissioner
Carey stated they have to maintain the infrastructure. She stated that she doesn’t think people are
concerned about how long the tax will last, but how much the tax will be, and
said she feels they should keep it simple and put all the facts out there.
Commissioner
Henley stated he thinks the reason people think this is a train tax is because
the word “transportation” is in there.
Commissioner
Carey stated that they have spent 20 years building transportation
infrastructure and she doesn’t feel that the burden should only be on the
property owners to take care of it. She
stated that one mill of tax on property owners is about $25 million and one
penny of sales tax is worth $60 million.
She added that everybody pays the sales tax and only the property owners
pay the ad valorem tax.
Upon
inquiry by Commissioner Horan, Mr. Applegate stated that the draft ballot
language meets the statutory guidelines.
Chairman
Dallari and Commissioner Horan stated they prefer the first option of the
ballot language.
Chairman
Dallari stated the issue he has with Option 2 is the capital maintenance
portion.
Commissioner
Carey stated that she did not like the language in the first option that stated
the County requires additional revenue. She stated the County requires revenue, whether it comes from taxing
the property owners or taxing through sales tax.
Mr.
Applegate advised they can take the word “additional” out. He stated that at the public hearing when the
ordinance is being considered, they can still do some minor edits.
Chairman
Dallari stated he has no issues with Commissioner Carey’s statement about the
seven cities in the County.
Commissioner
Carey expressed that the more they show that everybody in the community is
supportive of this, the better.
Chairman
Dallari stated for clarification they have not yet picked all the projects this
would be going to. He stated there is a
list of capital improvement projects that this money could only be used for and
they have not approved that list yet.
Commissioner
Carey stated she preferred the verbiage of “public education” over “schools”
because there are a lot of things they need to pay for in public education like
the technology mandates that are on the School Board to do, which could be paid
for by this sales tax. She feels that by
saying “public education” versus “schools,” they are explaining it in a broader
term.
Chairman
Dallari requested Mr. Applegate ask their bond counsel to review whatever they
agree upon.
Mr.
Applegate stated that based on the Board’s approval of Option 1, they will
include that in the ordinance and they will advertise the ordinance for a
public hearing for the first meeting in February.
Upon
inquiry by Chairman Dallari, Mr. Hartmann stated he would be speaking to the
City Managers as well as the Superintendent of Schools. He added they would be getting a list of all
the capital projects.
Commissioner
Constantine stated he preferred the last two sentences of the second option
better than the last sentence of the first option. He feels that those two sentences read
better.
Commissioner
Horan stated he feels the words “authorized by law” are important.
Commissioner
Carey stated she represented Mr. Hartmann at the last Mayors & Managers
meeting and this was the only topic of discussion.
Mr.
Applegate stated for the record that they will deliver the resolution to the
Supervisor of Elections calling for a countywide precinct election on May 20th,
and the ordinance will be sent to the Sentinel today, once they insert the
ballot language, for the first meeting in February.
LEGISLATIVE
UPDATE
No update.
CHAIRMAN’S
REPORT
Chairman
Dallari recommended the appointment of Mary Lou Andrews as the permanent
citizen representing the County on the MetroPlan Transportation Study Citizens
Advisory Committee.
Motion by Commissioner Henley, seconded
by Commissioner Carey to adopt appropriate Resolution #2014-R-31, as shown on
page ______, commending Regina Bareswill for her service on the MetroPlan
Transportation Study Citizens Advisory Committee; and to adopt appropriate
Resolution #2014-R-32, as shown on page ______, appointing Mary Lou Andrews as
a member of the MetroPlan Transportation Study Citizens Advisory Committee.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari stated he had the honor of representing the Board with staff in New
York in front of Moody’s and Standard & Poor’s. He stated that both presentations went
well. He commended Angela Singleton,
Resource Management, on the work she had done in the presentation. He stated he wanted to thank her publicly for
being what anybody could ever hope for as a County employee. He believes the team will get the rating that
the Board is looking for and they should hear back from Moody’s and Standard
& Poor’s the second week of February.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were “received and filed:
1.
Letter
dated January 14, 2014, from Dick Harkey, 3670
Derbyshire Rd., Casselberry, FL, to Chairman Robert Dallari RE:
Appreciation for recognizing him for his 20 years of Congressional
Service. (C: BCC, County Manager)
2.
Letter
dated January 15, 2014, from Hans Tanzler, St. Johns River Water Management District,
to Chairman Robert Dallari RE: Appreciation for letter regarding Aquafiber
Technologies Corporation’s work with the District at Lake Jesup. (C: BCC, County Manager, Environmental
Services)
3.
Notice
with attachment dated January 17, 2014, from City of Winter Springs Community
Development Department RE: Proposed Voluntary Annexation. (C: BCC, County Manager, Development Services)
4.
Letter
dated January 22, 2014, from Congressman John Mica, U.S. House of
Representatives, to Chairman Robert Dallari RE: Impact of recently adopted
budget for major transportation projects.
(C: BCC, County Manager, Engineering, Development Services)
5.
Notice
received January 27, 2014, from Javier Omana, CPH Engineers, RE: Marina Isle
Application for Planned Development Neighborhood Meeting. (C: BCC, County Manager, Development Services)
DISTRICT
COMMISSIONERS REPORTS
Commissioner
Horan stated he attended the Metro Orlando Economic Development Council (EDC) meeting
last week. He distributed to the Board
materials relating to the allocation of EDC public funding, the percentage
allocated to each county, and information concerning the branding initiative
(not received & filed.) He asked the
Board to access the website for more information.
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Commissioner
Horan informed the Board that regarding the Florida Association of Counties, he
will be participating as part of the legislative executive committee together
with Commissioner Constantine in a conference call on an issue that has just
arisen with regard to juvenile justice.
He distributed some materials on Juvenile Secure Detention (not received
& filed), which is one of the issues that has recently had some legislation
proposed on it. He invited the Board to
pass any input they have regarding that issue along to himself or Commissioner
Constantine.
Commissioner
Carey suggested sending the information over to the Sheriff and his team since
they run the juvenile detention facility.
She added that they do a great job in that facility, having been through
it before when the State was running it and after, with the Sheriff running
it. She stated there is a world of a
difference in the condition of the facility and the attitude of the children
that are there and the attention that they are getting while they’re being
incarcerated. She believes they can give
the Board some great insight on those particular issues. Commissioner Horan stated he will provide the
information to the Sheriff’s Office and report back to the Board.
Upon
inquiry by Chairman Dallari, Commissioner Horan stated with regard to the
spreadsheet he shared about the Metro Orlando EDC, the intention is to put
everybody at the same cap. He stated
they establish some kind of a formula, and he is unsure how they come to this
formula.
Commissioner
Carey stated that she thinks what happened is some of the counties backed off
on what they were paying when the economy got really tight. She stated that some agencies kept their per
capita funding the same. She believes
Orange County is talking about probably putting the bulk of the money for the
marketing approach on their new slogan.
Chairman
Dallari stated he is unsure how the branding program is going to help Seminole
County.
Commissioner
Constantine informed the Board that the City of Orlando is contributing $1.39
per capita. His impression was they
believe that it evens out Orange County since they are doing it both for
Orlando and Orange County.
Commissioner
Horan stated based upon what was discussed at the meeting, it was his
understanding that the majority of the marketing initiative was going to be
borne by private funding in Orange County and Orlando.
Upon
inquiry by Commissioner Horan, Ms. Guillet stated they have not signed the
contract and it is on the agenda for the next meeting. She stated that one of the reasons they did
not do it is they were trying to come up with some mutually agreeable language
that discussed measures.
Commissioner
Horan stated it was discussed at the EDC meeting to have some kind of a
contract that each public body signed that identified certain performance
standards and measures.
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Commissioner
Horan stated that the Board will be getting a quarterly report from United
Arts, which includes some interesting information about the arts activities and
events in Seminole County. He stated
that United Arts has also consolidated with the Arts and Cultural Alliance of
Central Florida, and that the consolidation brings that brand, its website and
its assets under the United Arts brand.
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Commissioner
Horan stated he attended a meeting for the East Central Florida Regional
Planning Council and distributed a list of their ongoing projects (received
& filed.) He stated if the Board had
any questions about the ongoing projects, to forward them to his office.
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Commissioner
Horan stated they received a presentation, by the Canaveral Port Authority,
which Commissioner Constantine was present for, and they will become the number
one cruise port in the world this year, surpassing Miami. He stated they now employ about 15,000 people
at the Port alone, and that the employment effect of that organization is
somewhere in the neighborhood of 50,000 or 60,000 when you look at their
economic effects. He stated Chairman
Dallari will be attending the first consolidated meeting of the Greater Orlando
Aviation Authority and the Port.
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Commissioner
Horan stated that he took the evaluation forms for the County Manager and
County Attorney and revised them (received & filed). He stated he realized they were both exempt
employees and realized that the evaluations have to incorporate all of the
performance standards of the contracts or their employment agreements. He looked at the employment agreements, the
performance standards, the Administrative Code descriptions and the Charter,
which are incorporated by referencing the contract. He also changed the methodology from a 1-5
rating to “needs improvement, “meets expectations” and “exceeds expectations.”
Upon
inquiry by Commissioner Carey, Commissioner Horan stated he did not feel the
reason the evaluations were not done previously was due to the lack of input by
the Board on the forms themselves.
Upon
inquiry by Commissioner Henley, Commissioner Horan stated the documents he
presented were a draft with a watermark on the background, so they are not
going to officially adopt the revisions.
They will have a chance to review and respond and it will be a future
agenda item.
Upon
inquiry by Commissioner Carey, Commissioner Horan stated they will find many of
the competencies that are established in the standards that were in the
previous form, and this one was just the addition of specific core
competencies.
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Commissioner
Constantine commended Commissioner Horan on an excellent job doing the report
for both of them. He stated the Scottish
Highland Games were a great success. He
believes there is a report that has been approved by the Legislative Committee
of the EDC.
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Commissioner
Constantine stated that January 29, 2014 is the Leadership Seminole’s Third
Annual Lessons in Leadership, and the University of Florida President Bernie
Machen will be in attendance. He added
that Commissioner Carey’s district was going to have the Zoo-B-Que for the
Sanford Rotary Club on February 1, 2014.
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Motion by Commissioner Constantine,
seconded by Commissioner Henley to adopt appropriate Resolution #2014-R-33, as
shown on page ______, appointing Carissa Lawhun to the Board of Adjustment.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Henley stated he will provide a copy of the Lynx ridership and SunRail fees
that have been adopted to the Board.
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Motion by Commissioner Henley, seconded
by Commissioner Carey to adopt appropriate Resolution #2014-R-34, as shown on
page ______, appointing Michael Harding to the Contractors Examiners Board for
a one-year term, ending January 1, 2015.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey stated she also had a chance to meet with the EDC staff and director to
talk about the new slogan “Orlando: You don’t know the half of it” and she
expressed her concern and her interest in understanding how they are telling
that story. She is also interested in
what kind of input Seminole County would have to make sure they are included
and not just part of a generic slogan.
She feels they have a great business story to tell and she wants to make
sure it’s told.
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Commissioner
Carey announced that Friday, January 1, 2014 the Florida Association of Counties
is going to be meeting at the Orange County Chambers. She stated she has two conflicts that will
cause her to be unable to attend. She
stated they have moved that meeting around several times and she does not want
to change it again in order to be able to attend, so she is offering it out to
her colleagues.
Commissioner
Horan stated he would be attending it anyway because he has to attend the
Legislative Executive Committee conference call right before then.
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Commissioner
Carey stated that she had an opportunity to meet with the Florida Fish and Game
representatives. She stated that the
experts she met with were the bear experts and they offered to give Seminole
County a grant of about $20,000 once the funding is approved. She said they talked about offering that to
residents that are in high-bear traffic areas as a 50-percent match to purchase
bear-proof garbage cans. She stated the
real issue is the food source, and if it is taken away, then the bears will go
somewhere else. She stated she has a
follow-up meeting with these representatives in the upcoming week that she has
asked Mr. Forte to attend. She added
most of the bear territory is in the northwest corridor, and when they try to
adjust the garbage schedule to make sure people can take their garbage out
during the day, somebody has to be the early morning group. She stated they tried to adjust the schedule
to accommodate that based on the bear traffic and it is pretty amazing how much
they know about the bear traffic at the Fish and Game Commission. She expressed that she feels the solution is
to try to get as many bear-proof garbage cans out there as they can. She stated they are about $200 apiece.
COUNTY
MANAGER’S REPORT
No report.
COUNTY
ATTORNEY’S REPORT
No report.
ITEMS FOR
FUTURE AGENDA
John A.
Horvath, 1004 Bradford Drive, stated he saw the agenda on the County’s website
and it is different from the agenda today.
He was wondering if it was revised on the 18th and it did not
appear on the website. He stated he is
aware that sometimes they come in on the day of their meetings and they have
public hearings that the applicant requested to be pulled.
Chairman
Dallari stated that the agenda should have been updated.
Mr.
Hartmann stated that he will look into that.
He added they will work on finding a way to have an updated agenda as
they move along.
Mr.
Horvath inquired of Chairman Dallari whether or not the new Port Superintendent
was looking at expanding the cargo activities out there. He stated he is interested in finding out
what their plans are because on their website they have plans for an inland
port.
Commissioner
Carey thought it was interesting they were discussing that port-to-port topic
as it’s been going on for about 40 years now where they’ve talked about a corridor
from the airport to the port.
Commissioner
Constantine added that one of the things that was discussed at the Regional
Planning Council was the cargo, the passengers and security there under the
jurisdiction of the Coast Guard. He
stated that although they were not forthcoming with everything they are doing,
they were pretty complete about the security of the cargo.
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David
Leavitt, 1000 Ridgepointe Cove, addressed the Board to speak on the one percent
sales tax.
Upon
inquiry by Mr. Leavitt, Chairman Dallari stated the reason they are having a
special election in May instead of November is because in the November process
there are so many ballot questions people tend to get lost in it. Also, in terms of the budget process, if they
are not moving forward with the one cent sales being approved, then they have
to make some drastic changes in their budget.
Mr.
Leavitt stated that he thinks if it can wait until November, it should.
Commissioner
Carey stated that a sales tax has been passed twice historically in Seminole
County and both times they were done as a special election because of the
importance of it. They want to make sure
the voters understand it and that it doesn’t get mixed in with everything
else. She stated the Board was very sensitive
to the economy and the citizens when it came up for renewal in 2011 and rather
than going out for a special election during a very difficult economic time,
the Board chose to let the tax sunset.
She stated that now they either have to resurrect it or they have to
look at property taxes.
Upon
further inquiry by Mr. Leavitt, Commissioner Carey stated that there is a list
being developed by staff and all the cities and the School Board. She stated that the operation of maintenance
of the train doesn’t happen until seven years from the time it starts, which
would be seven years from this year. She
stated that they have already paid their operation and maintenance costs
upfront for SunRail.
Commissioner
Constantine stated that the list of projects will be a part of the education
process that they are hoping to put out to the citizens.
Chairman
Dallari stated that the list will be very specific to which roads, trails,
stormwater and everything else the tax will go to.
Upon
inquiry by Mr. Leavitt, Commissioner Carey stated that taxes have not been
raised and have been reduced as long as she has been on the Board. She stated that when she was first elected in
2004, the tax millage rate was almost 5, right now it is 4.81, and it has been
as low as 4.35. She stated that the
Board has been very fiscally conservative.
They have eliminated 270 positions and cut $80 million out of their
budget and reserved over $90 million.
She stated that in 2015 those funds will be expended, so they have to do
something.
Chairman
Dallari stated there are a lot of people outside of the community using their
roads and they need to be paying their fair share.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:13 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/el