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.
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.
Dr. DeGrando Franks, North Metropolitan Church of God, Longwood, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
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.
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
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 Development Division
4. Approve and accept the Neighborhood Stabilization Program (NSP) monthly Snapshot Report and a listing of properties acquired by Seminole County Government.
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.
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.
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.
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.
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.
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.
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.
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:
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.
The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2013/14.
COUNTY ATTORNEY’S REPORT
Chairman Dallari announced that a work session is scheduled in the Conference Room (Room 3024) on the third floor.
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.
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.
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.
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.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Commissioner Henley stated he will provide a copy of the Lynx ridership and SunRail fees that have been adopted to the Board.
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.
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.
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.
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
COUNTY ATTORNEY’S 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.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:13 p.m., this same date.