BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 11, 2011
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, October 11, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Absent: Commissioner Dick Van Der Weide
Commissioner Horan gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Dallari, seconded by Commissioner Henley to adopt a Proclamation, as shown on page _________, proclaiming the month of October 2011 as Domestic Violence Awareness Month in Seminole County, Florida.
Districts 1, 2, 4 and 5 voted AYE.
The Board presented the Proclamation to Jeanne Gold, SafeHouse of Seminole, who addressed the Board to express her appreciation and to give an overview of the murder rate statistics in Seminole County.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, addressed the Board to advise a revised tabulation sheet for Item #1, Award CC-6863-11 for the Public Safety Building Roof Replacement, was submitted and it does not affect the recommendation for the award. He stated there were minor Legal Department changes to Items #1, Award CC-6863-11; #2, Award CC-6944-11; and #3, Award CC-6951-11, and they were incorporated into the agenda. He said there was a change to page one of Item #5, Adopt Resolution amending the Health Department fees. He requested that Items #6, Approve Resolution reappointing members to the Affordable Housing Advisory Committee, and #23, Approve Resolution establishing the Seminole County Disaster Housing Plan, be pulled from the agenda. He added the Board was provided with some additional language for Item #8, Authorize staff to submit to the Florida Housing Finance Corp. technical revisions to the 2007/2010 & 2010/2013, that addresses the maximum rehabilitation cost for the LHAP program. He informed the Board of an add-on, Item #25A, Approve CSX Transportation Inc. Temporary Right of Entry Agreement, to repair tracks along Lake Mary Blvd.
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize and approve the following:
County Manager’s Office
Purchasing & Contracts Division
1. Award CC-6863-11/RTB, as shown on page ________, Seminole County Public Safety Building Roof Replacement in the amount of $1,007,000 to Weiss & Woolrich Contracting Company, Inc., Deerfield Beach, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.
2. Award CC-6944-11/JVP, as shown on page _________, Altamonte Springs Safe Routes Sidewalk Project, in the amount of $253,750.20 to Conpilog International Company, Orlando, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.
3. Award CC-6951-11/JVP, as shown on page ________, Walker Elementary Sidewalk Project, in the amount of $138,358.20 to Barracuda Building Corporation, Apopka, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.
Fleet & Facilities Management Division
4. Approve request to declare surplus a .129 acre (5,600 sq. ft.) unbuildable portion of the Seminole County-owned vacant lot, Parcel #04-20-30-501-0600-0010, H. E. Thomas Parkway (CR 46A), Sanford, FL, by preparing written notification to the adjacent property owners as required by F.S. 125.35 as to the offering of this surplus as a private sale to Mr. Troy Black, using $2,800 as the minimum bid.
5. Adopt and authorize the Chairman to execute appropriate Resolution #2011-R-187, as shown on page ________, amending certain fees set forth in Section 20.26 of the Seminole County Administrative Code pertaining to fees and charges for services provided by the Seminole County Health Department.
6. Pulled from the agenda request to approve Resolution that provides re-appointment of the following members to the Affordable Housing Advisory Committee (AHAC): Richard Kovacsik representing the residential building industry; Kenneth York representing the banking or mortgage industry; Ken Ritter representing an area of labor actively engaged in home building; and Kenneth Bentley as an advocate for low-income persons; in addition to appointment of the following members to the AHAC: Scott Culp representing a for-profit provider of affordable housing; and Walt Eismann representing the local planning agency; all positions fulfill the specified requirement as listed in Florida State Statue 420.9076.
Community Assistance Division
7. Approve and authorize the Chairman to execute the following 2011-12 Community Service Agency (CSA) Agreements, as shown on page _________, which provide funding to the specified non-profit agencies offering supportive services directed to improving the lives of Seminole County's most vulnerable residents: Boys & Girls Clubs of Central Florida, Inc.; Boys Town Central Florida, Inc.; Catholic Charities of Central Florida, Inc.; Intervention Services, Inc.; Kids House of Seminole, Inc.; Lighthouse Central Florida, Inc.; Meals on Wheels, Etc., Inc.; Seminole Community Volunteer Program, Inc.; Seminole County Victim’s Rights Coalition, Inc.; Seminole County Victim’s Rights Coalition, Inc. – Yana Project; Senior’s First, Inc.; The Christian Sharing Center, Inc.; The Foundation for Seminole County Public Schools, Inc.; and The Seminole County Coalition for School Readiness, Inc.
8. Approve and authorize staff to submit to the Florida Housing Finance Corporation the technical revisions to the 2007/2010 & 2010/2013 Local Housing Assistance Plans (LHAP) to permit an increase in the maximum award amount of SHIP-funded rehabilitation from $60,000 to $90,000 per unit and also allow staff to utilize those funds to assist Disaster Recovery Program applicants for which CDBG funds originally earmarked for that effort and received through the State may no longer be available.
9. Approve the Amendments, as shown on page _________, to the Conditional Utility Agreements for Water and Sewer Service for the project known as Silverleaf.
10. Approve the release of the original Water & Sewer Cash Maintenance Bond w/Escrow Agreement for the project known as Terracina at Lake Forest 2 & 3 in the amount of $12,984.97.
Solid Waste Management
11. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page ________, for Trademark Metals Recycling LLC, effective October 1, 2011 through September 30, 2012.
12. Approve and authorize the Chairman to conditionally accept the Mental Health Court Grant Award, as shown on page _______, in the amount of $249,924, subject to the grantor agency's acceptance of certain changes in County staff's role in grant implementation, to establish and implement a collaborative effort among the State Court System, County government agencies, including law enforcement, and a not-for-profit mental health care provider for identifying and providing therapeutic, community-based assistance to persons suffering serious mental health issues who are involved with the criminal justice system for nonviolent offenses.
13. Approve and authorize the Chairman to execute the Certificate of Acceptance, as shown on page ________, of Subgrant Award in acceptance of $182,023 in grant funding from the Florida Department of Law Enforcement through their Edward Byrne Memorial Justice Assistance Grant Program.
14. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-188, as shown on page _________, implementing Budget Amendment Request (BAR) #12-02 through the Natural Lands/Trails Fund Reserves in the amount of $72,500 to purchase land located on Osceola Rd., Geneva, FL.
15. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-189, as shown on page _________, implementing Budget Amendment Request (BAR) #12-04 through the Public Works Grant Fund in the amount of $4,000,000 to recognize grant revenue and establish budget for the Advanced Traffic Management System Phase II project.
Economic Development Division
16. Approve and authorize the Chairman to execute a Pledge Commitment, as shown on page _______, to the Foundation for Seminole State College of Florida, Inc. in the amount of $150,000 for services provided through the Small Business Development Center located at the Port of Sanford.
Planning & Development Division
17. Authorize the release of the Irrevocable Standby Letters of Credit #BB 9922/AR45 in the amount of $14,300, and #BB 9918/AR45 in the amount of $65,161, for the Tusca Place North Subdivision located at the corner of Brisson and Celery Avenue in Sanford.
18. Approve and authorize the Chairman to execute the Seminole County/METROPLAN ORLANDO (Urban Area Metropolitan Planning Organization) FY 2011 - 2012 Funding Agreement, as shown on page ________, for the amount of $172,259.
19. Authorize the Chairman to execute the Release of Lien, as shown on page _________, for Case No. 09-93-CEB, on 5119 Orange Avenue, Winter Park, Tax Parcel #35-21-30-501-2000-0100, previously owned by Harold Potruff and currently owned by Everbank.
20. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, between Seminole County and United Arts of Central Florida, Inc. in the amount of $126,815.40 reflecting $.30 per capita funding as part of the 2011/2012 budget.
21. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Elite Club National League, Inc. in the amount of $22,852 to host the 2011 ECNL Winter Showcase on December 28-30, 2011.
22. Approve and authorize the Chairman to execute an Agreement, as shown on page _________, with Florida High School Athletic Association in the amount of $4,391.00 to host the 2012 FHSAA Tennis Championships on April 16-20, 2012.
23. Pulled from the agenda request to approve Resolution establishing the Seminole County Disaster Housing Plan.
24. Approve and authorize the Chairman to execute Supplemental Agreement, as shown on page _______, with the Tuskawilla United Methodist Church, Inc. in conjunction with the Red Bug Lake Road Pedestrian Overpass Project.
Traffic Engineering Division
25. Approve and authorize the Chairman to execute the Traffic Enforcement Agreement, as shown on page _________, between Seminole County, Seminole County Sheriff's Office and Estates at Aloma Woods Homeowners Association, Inc. to enforce the regulatory signs within their subdivision.
25A. Approve and authorize the Chairman to execute a CSX Transportation, Inc. Temporary Right of Entry Agreement, as shown on page _________, for repairs to the railroad tracks on Lake Mary Blvd. at Milepost A-773.35/DOT No. 622 065L in Lake Mary.
Districts 1, 2, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Dallari to accept a proposed settlement for Mr. & Mrs. Ritchie to pay $12,000 to Seminole County by cashier’s check or money order in full satisfaction of the Final Order Taxing Costs entered against them in Ritchie v. Seminole County, Case No. 08-CA-6465-16-K; and authorize the County Attorney’s office to execute and record or file satisfactions of the final order, when appropriate, upon payment by the Ritchies.
Districts 1, 2, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Dallari to authorize and approve the following:
27. Expenditure Approval Lists, as shown on page _________, dated September 12 and 19, 2011; and Payroll Approval List, as shown on page _________, dated September 15, 2011; and noting, for information only, the following Clerk’s received and filed:
1. Work Order #25, as shown on page _________, to PS-3914-08.
2. Amendment, as shown on page _________, to Administrative Services Agreement with Blue Cross and Blue Shield of Florida, Inc., as approved by the BCC on July 26, 2011.
3. Memorandum to County Manager Jim Hartmann from Meloney Lung, Central Services Director, regarding approval to pay unauthorized Invoice #14017, Wakely Consulting Group, as shown on page ________.
4. First Amendment, as shown on page ________, to PS-3065-08, Mehta and Associates, Inc.
5. Work Order #17, as shown on page _________, to PS-1020-05.
6. Amendment #1, as shown on page _________, to Work Order #12 for PS-2249-07.
7. Closeout, as shown on page _________, of CC-5631-10.
8. Change Orders #3, as shown on page _________, to Work Orders #9 and #10 for CC-2183-07.
9. Amendment #1, as shown on page _________, to Work Order #20 for PS-4388-09.
10. Work Order #2, as shown on page ________, to RFP-5706-10.
11. Amendment #3, as shown on page _________, to Work Order #2 for PS-4736-09.
12. Amendment #3, as shown on page ________, to Work Order #10 for M-5004-09.
13. Work Order #8, as shown on page _________, to CC-5075-10.
14. Work Order #96, as shown on page _________, to PS-1074-06.
15. Amendment #1, as shown on page _________, to Work Order #19 for PS-5124-02.
16. Amendment #1, as shown on page __________, to Work Order #81 for PS-1074-06.
17. Amendment #2, as shown on page _________, to Work Order #1 for PS-4736-09.
18. Amendment #6, as shown on page _________, to Work Order #19 for PS-1529-06.
19. Amendment #9, as shown on page _________, to RFP-1091-06, The Budd Group.
20. Amendment #8, as shown on page _________, to Work Order #56 for PS-1529-06.
21. Amendment #3, as shown on page _________, to Work Order #2 for PS-4906-09.
22. Amendment #2, as shown on page _________, to Work Order #75 for PS-1529-06.
23. Amendment #1, as shown on page _________, to Work Order #3 for PS-4906-09.
24. Work Order #15, as shown on page _________, to PS-2249-07.
25. Amendment #4, as shown on page _________, to Work Order #1 for PS-3065-08.
26. Letter of Understanding, as shown on page _________, dated May 4, 2011, between Seminole County and the city of Longwood for Ambient Environmental Monitoring, as accepted by the City on August 28, 2011.
27. Amendment #2, as shown on page __________, to Work Order #65 for PS-1529-06.
28. Closeout, as shown on page _________, of Work Order #68 to CC-1284-06.
29. Work Order #95, as shown on page _________, to PS-1074-06.
30. Work Order #12, as shown on page ___________, to PS-5180-05.
31. Conditional Utility Agreements, as shown on page __________, for water and sewer service with TSO Enterprises, LLC.
32. Amendment #4, as shown on page _________, to M-4617-09, VHB MillerSellen.
33. Change Order #1, as shown on page _________, to Work Order #15 for CC-3321-08.
34. Amendment #1, as shown on page __________, to PS-3914-08, Shaw Environmental & Infrastructure, Inc.
35. Change Order #1, as shown on page _________, to CC-6591-11.
36. Amendment #1, as shown on page __________, to IFB-600592-09, Naztec, Inc.
37. Development Orders, as shown on page __________, approved by the Board of Adjustment for the following: Carol & Roy Phillips, 9119 Vickroy Terrace; Azid & Bibi Ali, 1841 Ronald Reagan Boulevard South; James P. Kalogerakus, 1841 North Street; Kenneth Lovell, 1754 Astor Farms Place; Gary & Barbara Bryant, 3364 Oakmont Terrace; William & Diane Kaminski, 1360 L & M Lane; John J. Marshall, 3101 Cecelia Drive; and Great Falls Pass, LLC & Main Street Square Prop., LLC, 7800 S. U.S. Highway 17-92.
38. Amendment #1, as shown on page _________, to Work Order #84 for PS-1529-06.
39. Work Order #16, as shown on page _________, to PS-2249-07.
40. Work Order #3, as shown on page _________, to RFP-5706-10.
41. Resolution #2011-R-170 of Appointment, as shown on page __________, for Dale Kirby per BCC meeting of August 23, 2011.
42. Resolution #2011-R-171 of Appointment, as shown on page _________, for Jacqueline Padilla per BCC meeting of August 23, 2011.
43. Leisure Services Sponsorship Agreement, as shown on page _________, with Frank J. Yurchak.
44. Work Order #2, as shown on page _________, to RFP-6174-10.
45. Bids as follows: CC-7012-11; IFB-601209-11; CC-6879-11; PS-6980-11; and RFP-600254-07.
Districts 1, 2, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize and approve the following:
28. Approval to expend $2,000 from the Law Enforcement Trust Fund to provide for a contribution to the 2011 Seminole County Red Ribbon Campaign.
29. Approval to expend $20,000 from the Law Enforcement Trust Fund to provide funding assistance to the Prescription Drug Monitoring Program.
Districts 1, 2, 4 and 5 voted AYE.
Brian Walker, Planning & Development, addressed the Board to present request for a special event permit for rain garden planting activities, classes and associated activities with amplification of sound at Wekiva Island, in association with Keep Seminole Beautiful, Wekiva Island, LLC. He stated the plantings will be done by volunteers. The event will be held from October 21 through October 31, 2011 with the hours as stated in the staff report. The applicant estimates that there will be about 350 daily attendees throughout the course of the event. Existing on-site parking will be utilized and sanitation will be provided by the existing restrooms and additional portable restroom facilities. Traffic control and security will be provided by private security to be hired by the applicant on the weekends. He added staff recommends approval of the request with amplification of sound as requested by the applicant and based upon the conditions addressed in the staff report.
Upon inquiry by Commissioner Henley, Mr. Walker advised he is not aware of District Commissioner Van Der Weide having any concerns with this request. He also advised there were no discussions relating to restrictions on how loud the sound will be; however, he said this would be within the tolerance of the noise ordinance.
Motion by Commissioner Dallari, seconded by Commissioner Henley to approve a special event permit for rain garden planting activities, classes and associated activities at 1014 Miami Springs Drive, at Wekiva Island, with amplification of sound in association with Keep Seminole Beautiful, Wekiva Island, LLC., from October 21 through October 31, 2011, subject to staff recommendations and conditions set forth in the agenda.
Under discussion and upon inquiry by Commissioner Dallari, Mr. Walker advised staff has not discussed rain dates if an event cannot be held due to inclement weather.
Upon inquiry by Chairman Carey, Mr. Walker advised the Board can approve a provision in the policy that would allow a special event permit to go to a rain date, if that is their desire.
Commissioner Dallari amended his motion to allow for a rain date subject to staff’s approval.
Commissioner Henley agreed to the amendment.
Districts 1, 2, 4 and 5 voted AYE.
Andrew Neff, Environmental Services Director, addressed the Board to request the Board’s approval to accept staff’s recommendations concerning the Joint Meeting of The Congress of Regional Leaders, MyRegion.org Executive Board of Advisors and The Urban Land Institute Board of Directors regarding the Regional Water Summit. He stated MyRegion.org/ULI’s initiative, called “Creating a Regional Water Strategy for Central Florida”, has completed phase one. That culminated in a series of actions that communities can take to enhance water conservation and approach alternative water supplies. MyRegion.org/ULI have started phase two that involves civic architecture or governance. The second phase included a meeting in August where they assembled a panel of water experts in the area and they have made three recommendations.
Mr. Neff continued by reviewing his recommended response to the MyRegion.org./ULI recommendations. The first recommendation is MyRegion.org/ULI would like to have a MOA for water conservation. Staff has worked with the St. Johns River Water Management District (SJRWMD) and there has been an assembly of 22 different utilities that have submitted a proposal to the SJRWMD. Staff has recommended that the County retain allocations for any water conserved in that process. Regarding the latter two recommendations, there is an initiative underway called the Central Florida Water Initiative, and this will replace the Central Florida Coordination Area. This is a cooperative process in which the different utilities in Central Florida, along with agriculture, and DEP want to work with the water management districts to determine exactly how much groundwater remains available in Central Florida. He stated this initiative has been underway for about six months and he feels it has been very successful. He added he also feels that it overrides or supersedes these recommendations made by the Urban Land Institute from MyRegion. He concluded the basis of his recommendations that the County allow the Central Florida Water Initiative process to move forward and endorse the water conservation initiatives put forth by the 22 utilities in North and Central Florida.
Chairman Carey stated the County is very far ahead in this particular issue as they have a very aggressive water conservation program that includes education. She stated she feels that the agreements moving forward need to be with the permitting agencies that regulate them. She added she feels that the Central Florida initiative is where they need to focus their energy at this time.
Commissioner Henley stated the thing that concerns him is whether the Central Florida Water Initiative group work has been totally ignored. He stated he is reluctant to enter into a Memorandum of Understanding (MOU) until he knows what the details spell out. He said he feels this is not complete enough to ask organizations to endorse and buy into it, and then regret it later on when they try to determine what each of these things means. The same is true as they go into Recommendations 2 and 3, unless the intent is that the County agrees to a MOU to be developed satisfactory to the membership. MyRegion.org has a tendency to get consensus on an item, and when it is developed, it is not what they thought it was going to be. He added he doesn’t want the Board to get into that situation and then have to back out later on. He said he is not opposed to a MOA as a way of moving forward, but he wants to know the details that they are agreeing to.
Chairman Carey stated a lot of this is in place already and that is part of what they want in the MOA, and without knowing what that looks like, she also would be concerned about signing up for something that they were not anticipating.
Commissioner Dallari stated he could not agree to just one bullet point with two or three words in it; but, he does agree that they do need to move forward to continue working with their partners across the county line to think a big picture of water conservation and utilization. The County has been at the forefront for this for at least ten years and they need to continue that. The County also needs to make sure that, when they look at the details, everyone is signed up for the same thing and that everyone understands what the details are, so it cannot be changed at the twelfth hour. He stated he wants to make sure that the County protects their natural resource and that they understand what they are agreeing to.
Commissioner Horan stated the great thing about the regional consortium is it gets people together so they can identify best practices that are being employed by certain members. He stated he feels what they see in a lot of their participation in these particular groups is they are recognizing what Seminole County is doing is the best practice. What concerns him is they don’t become some kind of prescriptive top-down prohibition or set of standards that everyone has to follow rather than policy concerns. He said he also feels that it is great for regional consortiums to set out certain policies, certain best practices, etc., but leave the implementations to the local governments. It is his understanding that with regard to alignments and partnerships there are already many movements between and among local governments to reach MOU’s with regard to buying capacity, reserving capacity, etc. He stated he feels that MyRegion has identified things that are already being done by the utilities, water management districts and local governments, and he hopes they do not go beyond that and start melting it together into a prescriptive top-down type of thing.
Commissioner Henley stated when staff presented their recommendations to the groups over a year ago, a lot of them were astounded at how much the County had accomplished. These groups recognized that Seminole County’s approach should be the one approached by the others. He stated he has no problem with agreeing with the conservation issue first, nor to a MOU as long as the County understands what the MOU is about prior to voting. He said when he looks at Recommendations 2 and 3 he gets very concerned as to how those groups is going to try to implement as to whether it is going to be prescriptive, mandated or up to the local government to do what it needs to do within its own confines to move forward on conservation. Recommendation #2 talks about letting the Governor appoint a water champion. The thing that concerns him is what authority or power will that champion have. In his opinion, that is a third party coming in to tell them what they should be doing and does he have the power to enforce it or does he simply coordinate it. That hasn’t been defined into anything he has seen yet.
Commissioner Dallari stated one of his concerns is if they are going to be circumventing all of the years of hard effort, what will that do to the County’s rating agencies and the rates.
Chairman Carey stated the County has used State and federal funding for alternative water resources and they need to be careful with that.
Upon inquiry by Chairman Carey, Mr. Neff advised the Central Florida Water Initiative (CFWI) Group has not met with the Congress of Regional Leaders Group. The CFWI started in March and it has just now gained some traction. The north and central utilities are involved with the water conservation document on a voluntary basis. In terms of the CFWI, there is a steering group composed of governing board members from the three different water management districts. They appointed a DEP rep at the last meeting as the overall coordinator. This overall person will make the calls of what goes on in terms of the policy on water initiatives in Central Florida. There is a utility representative and an agriculture representative within that group so that the main interests are recognized.
Chairman Carey asked if this group is trying to get all three water management districts together to come up with one set of rules and one formula for when they are going to determine calculations.
Mr. Neff stated that is correct; the utilities are faced with multiple issues with the three water management districts. The utilities want a single model, a single definition of harm, and a singular approach to how they are going to deal with this issue so they can determine how much remaining groundwater is available in the Central Florida area. The point is the County needs to let this process move forward and they need to get the answers before they get into a larger question of how they really work as a region to resolve these issues.
Commissioner Horan pointed out that what staff is saying is MyRegion needs to hold off on the civic architecture aspect of this until the technicians figure out exactly and precisely what the methodology and metrics are for identifying the problem and measuring how they fix it.
Chairman Carey recommended that the Congress of Regional Leaders meet with the Central Florida Water Initiative group so that they can clearly understand and have some dialogue back and forth. She stated she doesn’t want to send a message that the County doesn’t want to be good regional partners, but she doesn’t want to agree to something that they do not know what they are agreeing to until they see the details. She asked Commissioner Henley to deliver that message to them.
Commissioner Dallari stated he thinks it is prudent that they put this in writing.
Motion by Commissioner Dallari, seconded by Commissioner Horan to authorize the Chairman to execute a letter, as shown on page ________, to the Congress of Regional of Leaders Executive Committee recommending that they meet with the Central Florida Water Initiative Group to further discuss the details, and the County would like further understanding of the MOA prior to any action being taken by the BCC.
Under discussion, Commissioner Henley stated he agrees that it should be done in writing to clarify the County’s positions based upon the data that was given to them. He stated his greatest fear is the way this particular group wants to reorganize in light of what the Governor has done with the water management boards, completely wiping out good board members and staff members and placing their own people in there. He added it concerns him that a lot of this that the BCC may not agree to is going to wind up in legislation. The County has invested millions in this, but they don’t know how they will be able to use that outside of the County. The recommendations that were presented change the focus entirely of the three management districts.
Commissioner Henley stated the first thing they want to establish is what is actually the supply of water that is there. They do not know who is going to compile the groups as one of the districts will be dealing with planning, one will be dealing with implementation, and another one will be dealing with regulations. He stated he feels this could be detrimental to local control, and the potential impact on local government and how they operate should be addressed. He said one of the city mayors didn’t even know that a meeting is scheduled on October 14, and he was not familiar with what is going on with MyRegion.org. He added it scares him that only a handful of people will probably be attending the meeting. There are 85 cities in the region and none of them will be involved in this. He said he is not sure that they have done enough to educate the cities as to what their intent is throughout this entire region. They are looking at the Congress of Regional Leaders to make some decisions that he doesn’t think the Congress of Regional Leaders has the authority to make.
Chairman Carey stated MyRegion and the Congress of Regional Leaders are a group that came together to try to bring regional issues to the forefront. It doesn’t mean that the others will do it if something was just approved. For example, “How Shall We Grow,” Seminole County is still the only one that amended their Comprehensive Land Plan to take the principles into the actual language. The other counties and 86 cities have not done that. When the DEP became the overseer of the Central Florida Water Initiative group, that tells her that the Governor probably has some input into the structure going on now. She stated she feels this is Tallahassee’s attempt to get the three together as the pilot project, but certainly for the County to be signing for up for anything that ask Tallahassee to tell them how to do things here would be the opposite of what they are always talking about which is their home rule authority. This Board and prior boards have made decisions on utilities for regional issues and to supply their own County. The Board needs to make sure that nothing is going to happen that will cause them to have an issue with the decisions already made and the monies that have already been spent. The County needs to be very cautious as they move forward on this.
Commissioner Dallari stated he feels the County needs to be very clear in the letter that home rule is critical for them, and the millions of dollars that they have spent cannot be underminded by policies that have not been adopted by this County.
Chairman Carey stated she feels she can craft a letter and she feels a copy of the letter should be sent to the Legislative Delegation, the Governor, as well as the cities.
Mr. Hartmann stated it is clear that Seminole County, through a lot of vision and leadership, has assumed the front seat on water initiatives. He stated he feels that this issue needs to move very carefully so that the County is not subsumed by some other organization. The Central Florida Water Initiative Group are technical professionals in the field running the utilities and that particular group can identify the best practices that are important to everyone. They also understand where they need to share and how they need to wisely use those resources. The duplication of efforts is an area where they must use caution in going forward.
Commissioner Dallari recommended including in the letter that the County has always been and always will be a regional player and when they set the policies for Yankee Lake, the interpretation of what was previously discussed is that of being a regional facility.
Chairman Carey stated it is disappointing to her that the technical committee hasn’t been talking to MyRegion and no one knows how much water is out there. She requested that Mr. Neff help her in drafting the letter.
Commissioner Henley stated everyone does not know the meaning of the words “equity and investments” and “consistent per capita”. He stated to him that means the County has made a tremendous investment, but everyone is going to pay the same amount regardless of their investment. There have been no discussions about who is going to cover that cost of getting the water from the source to the need. There has been no discussions other than his comments that the County is not going to turn their utilities with millions of Seminole County taxpayers’ dollars invested for everyone else to benefit from without trying to recoup some of their investment. Some of these things have to be defined as to exactly what it means so that everyone understands what this implies. One of the main tenets of MyRegion.org is that there should be no tax dollars spent in litigation. That came up after Seminole County challenged Orange County. They do not want any partners to sue any other partner regardless of what the circumstances are. He said he doesn’t have a problem with that as long as they can mediate it. It is a complicated situation to work out and it is going to take a lot of cooperation.
Commissioner Horan pointed out the worst thing that can happen is the Legislature gets involved in doing prescriptive top-down rather than have the County do it themselves through a consensual agreement with a regional authority. He recommended attaching the staff recommendations to the letter as it does a very good job of articulating what the County’s feelings are.
Chairman Carey stated she will include the staff’s recommendations in the letter.
Commissioner Horan also pointed out that there are other entities making investments and they are trying to create capacity, alliances and partnerships. Those will be based upon the ability to purchase capacity from each other. He stated he hopes the County will not do something that is going to impinge upon the natural evolution of what is already going on. Discussion ensued.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Henley stated he feels the Board needs to acknowledge the fact that the action that this Board has taken over the years is based upon the rules that were in effect by the St. Johns River Water Management District. He stated as long as they have a moving target that they are trying to meet, it makes it extremely difficult. When trying to effect partnerships, it will always break down when you start talking about cost and investment. Seminole County is still going to be reacting to SJRWMD, but at the same time they need to try to help them to understand the other side and other issues that the BCC are concerned about.
COUNTY MANAGER’S BRIEFING
Mr. Hartmann presented an update on the Economic Development Task Force recommendations that were presented to the Board. He stated staff is in agreement conceptually with the items in the report and how they were laid out. He stated there are a series of recommendations and some goals that makes some sense. He said he feels that if the County is going to add more resources to the Economic Development office, they need to hire a director to work with the current Economic Development manager to appropriately address the actionable items within the report. He added he feels that the CRA effort needs to be folded back into the Economic Development office. There was discussion in the report about creating an Economic Development Advisory Council and it would be a self-forming group of business leaders that could work as a good support for the County. There were discussions about where to house the Economic Development office and he feels the office should stay within the Growth Management area. He stated he believes the next step is to begin a recruitment effort for an Economic Development Director or Officer and to hold off on the issues until that person is in place. It would be beneficial to begin a recruitment process for a couple other positions but not bring them on board until they have the appropriate senior staff person in place. He stated if the Board agrees on this, he would like to come back at the next meeting with a budget request and he will outline exactly what the costs will be for implementation.
Chairman Carey stated she would like to see some budget numbers and a solid business plan with regard to how they can be phased in and how the cost will be phased in. She stated on the governance issue, anytime tax dollars are involved, those serving should be appointed by the BCC with parameters and requirements about the quality of the person that is going to be appointed.
Mr. Hartmann stated it is clarified in the report that it would be a self-appointed and self-funded committee. The committee will review to see if the County is making their matrix work cooperatively to advance economic development.
Chairman Carey stated she would like the committee to be self-forming and a number of the members involved in the process have volunteered to continue on that process. She added she would like someone from the business community to monitor and report to the Board to make sure that the County is going in the right direction and the vision is being carried out.
Motion by Commissioner Henley, seconded by Commissioner Horan to authorize the County Manager to proceed along the lines that were discussed and bring back a budget at the appropriate time.
Under discussion, Commissioner Henley stated he feels the key word to the oversight committee is advisory, as they do not have any authority and it is not being funded by the taxpayers. He stated the committee needs to be free to have access to what the County is doing so that they fully understand the direction the County is going in to carry out some of their recommendations. The committee can make their recommendations which the BCC can either accept or reject.
Commissioner Dallari stated he agrees with that as well. He stated the committee did a phenomenal job in providing a top-notch report. He stated he feels the efforts of those volunteers should be continued, and the only caveat the County should have is the committee should be the same caliber of individuals that came from the previous committee. He added he also feels that the individuals should sign a confidentiality statement.
Mr. Applegate stated he will check to see if they can legally do that. Discussion ensued.
Commissioner Henley stated he has no problem as long as the Board can suggest some guidelines to them that they would like to see the committee follow. He stated sometimes people on these advisory boards have never run a business and he would question how much they can contribute. He said he doesn’t see anything wrong with the Board recognizing the group they come up with as the official representative.
Mr. Hartmann stated he believes this is going to be a very evolutionary process over the next couple of years. He stated what he is looking at is to invest more in economic development, do things differently than what they are doing today, and maybe things that they have done in the past, to get them back in the position fairly quickly so that they can respond as a local government, as an organization and as a business community to increase investment opportunities. He added as time goes on, any group that forms will evolve as well. There could be a time in the future where it makes sense to create a different type of economic development partnership.
Chairman Carey stated this group evolved under an independent group and they did a great job. She asked at what point is this committee going to stay under Envision or is it going to operate as an independent board.
Commissioner Henley stated he didn’t see it as being under Envision. They were approached as a conduit to handle the money.
Chairman Carey stated if they are going to have a board that is going to be self-appointed or appointed by the BCC, there has to be some tie to connect it to a commitment to oversee the taxpayers’ dollars and not part of the Chamber.
Mr. Applegate stated he will determine whether the Sunshine Law, Public Records Law and Ethics Law will or will not apply.
Commissioner Horan stated he agrees with the Task Force recommendation that the advisory council should be private and independent.
Chairman Carey stated the County Manager and County Attorney will work out the details and bring this back.
Districts 1, 2, 4 and 5 voted AYE.
COUNTY ATTORNEY’S BRIEFING
Mr. Applegate introduced the new Deputy County Attorney, Lynn Porter-Carlton, who has 22 years of experience. He stated her credentials are impeccable and she graduated from the University of Virginia and the University of Richmond Law School. Ms. Porter-Carlton has touched upon every area of local government.
Mr. Applegate stated he submitted the monthly report to the Board yesterday and his staff is working on the quarterly litigation report. He stated the one great advantage of having Ms. Porter-Carlton onboard is being able to keep more litigation inhouse as opposed to spending money for outside counsel.
Chairman Carey recessed the meeting at 10:45 a.m., reconvening at 1:30 p.m. with all Commissioners (with Commissioner Van Der Weide being absent) and all other Officials, with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize the filing of the proof of publication for this meeting’s scheduled public hearing into the Official Record.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey advised, for the Record, that Commissioner Van Der Weide is absent today.
288 MAUREEN DRIVE BOAT DOCK/
Albert Cichra Builders, Continued
Continuation of a public hearing from September 27, 2011, to consider a request for a 1,520 square-foot boat dock on Sylvan Lake; located on the east side of Maureen Drive (288 Maureen Drive), approximately 700 feet south of SR 46; as described in the proof of publication, Albert Cichra Builders.
Denny Gibbs, Growth Management Department, addressed the Board to present the request, stating the applicant is proposing to add 560 square feet to an existing 960 square-foot boat dock. Staff has reviewed the boat dock’s impacts and finds that the impacts would be minimized as this is an addition to an existing dock. The staff is recommending approval of the request.
Chairman Carey asked if ten years from now the applicant’s children do not live on Lot 2, is there anything going on now with the size of this dock that would preclude Lot 2 from being able to add a dock of their own in the future. Ms. Gibbs answered no.
Commissioner Dallari asked if a dock on Lot 2 would fit on the property. Ms. Gibbs displayed a map and aerial (in the staff report) of the area and said she thinks there is plenty of room for a dock.
A lady stood in the audience representing Albert Cichra Builders, applicant, and said she did not have anything to add.
No one spoke in support or in opposition.
District Commissioner Carey recommended approval of the request as recommended by staff.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the request for a 1,520 square-foot boat dock on Sylvan Lake, located on the east side of Maureen Drive (288 Maureen Drive), approximately 700 feet south of SR 46; as described in the proof of publication, Albert Cichra Builders, as presented by staff; and approval of Development Order, as shown on page _______.
Districts 1, 2, 4 and 5 voted AYE.
ORDINANCE AMENDING CHAPTER 30
OF THE LAND DEVELOPMENT CODE
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance amending Chapter 30 of the Land Development Code to address: (1) manufactured housing in the A-1 district; and (2) bed and breakfast establishments in the A-3, A-5 and A-10 districts, received and filed.
Jeff Hopper, Growth Management Department, addressed the Board to present the request, stating this item responds to the request from the BCC to consider possible Land Development Code amendments that affect manufactured and mobile homes in the A-1 district where such homes have been approved with time limits not required by the Code. The effect of the Ordinance would be to designate these homes as legal non-conforming uses which would remain in place indefinitely with no further permissions from the County. He said any such unit could be replaced by right with a new unit of up to twice the previous floor area, while a larger unit would need a new special exception from the Board of Adjustment. The proposed Ordinance would not affect mobile homes authorized as limited uses. The Ordinance also includes revisions to the Code that would delete an existing requirement for bed and breakfasts in A-3, A-5 and A-10.
Commissioner Dallari stated he would have no issue with going from a single unit to a double, but when they start going beyond that he would have a problem.
Nicole Guillet, Growth Management Director, addressed the Board to state the larger units would still be limited by the allowable density in the district. She explained if an applicant has a unit equivalent to the size of four units, for example, he can double the size of the mobile home, but he can do it only once. She doesn’t know if there are any mobile homes that big in the County. She said staff can look at that before they bring this item back at the second public hearing.
Mr. Hopper stated staff is recommending the Board authorize scheduling a second public hearing on the proposed amendments to be held on October 25, 2011. He advised that F.S. 125.66 requires the next public hearing to be held after 7:00 p.m. unless the Board votes, by a majority plus one, to hold it at an earlier time.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to authorize, pursuant to F.S. 125.664 (B1), that a second public hearing be held and it is to be advertised and scheduled during the regularly scheduled meeting (1:30 .m.) of October 25, 2011.
Districts 1, 2, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to accept the staff findings and authorize scheduling the second public hearing at 1:30 p.m., or as soon thereafter as possible, on the Ordinance amending Chapter 30 of the Land Development Code to address: (1) manufactured housing in the A-1 district; and (2) bed and breakfast establishments in the A-3, A-5 and A-10 districts; as described in the proof of publication.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey gave an update on Workforce Central Florida. Last week they had a Consortium Board meeting and she and Mr. Applegate represented Seminole County. At that time, the goal was to get the majority of the new Board members set so they could convene a Board of Directors’ meeting. She advised the four appointments for Seminole County for the private sector are Melonie Cornell, recommended by EDC; Wendy Brandon, recommended by Central Florida Regional Hospital; Mark Wiley, nominated by the Associated Building and Contractors; and Richard Sweat, nominated by the Chamber of Commerce. The two appointments for the public sector are Larry Dale as an Economic Development representative and Joe Sonarsky for Seminole State College. They were accepted by the Consortium Board. She said she has been talking a lot to Kevin Neil, Interim Executive Director, since he arrived. They have a meeting scheduled for October 21 at the Orange County Chambers to have a Consortium Board meeting to further conduct some business. Chairman Carey said she also turned in the name of David Mirk from UCF to serve on the Board of Directors and he was accepted. She said as this evolves, she will try to keep everybody abreast of what’s going on. There was discussion at the Consortium meeting regarding the makeup of the Board, and she thinks they will see some changes to go to two-year appointments. That stems from the fact that out of five counties, the only one that has a Chairman that served for four consecutive years is Orange County. She is not sure how they will finally land on that but it may end up being similar to the 17-92 CRA Board appointments.
Chairman Carey announced two great fundraising events upcoming on October 22. One is “Zooloween,” benefitting the Central Florida Zoo, being held from 7:00 p.m. to midnight at the Zoo. Tickets are available for advance purchase and at the door. Also, “Howl for the Arts” will be held, which is the Seminole Cultural Arts Council’s Fifth Annual “Howl for the Arts” event, at the Seminole Harley-Davidson Store being held from 6:00 p.m. until 10:00 p.m.; and tickets can be purchased in advance.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated August 24, 2011 to Chairman Brenda Carey from Deborah Kioukis re: Utility Account for 2637 Tweed Run, Sanford, FL 32771.
2. Copy of letter dated September 12, 2011 to Mr. Ray Valdes from Cathy Galavis, Property Tax Oversight Program, Florida Department of Revenue, re: Tax Collector’s budget for the period October 1, 2011 through September 30, 2012.
3. Copy of letter dated September 13, 2011 to Mr. Kevin McDowell from Bill Adams, SJRWMD Hydrologist, re: Request for Additional Information, WWC Permit No. 3-117-128682-1.
4. Letter dated September 14, 2011 to Chairman Brenda Carey from Gary Causey, Director, Community Planning and Development Division, 4HD, re: 2010 Program Year Amendment – CDBG and HOME Program – Permanent Supportive Housing.
5. Letter dated September 14, 2011 to Commission Chairman from Randy Harris, President, Choose Life, Inc., re: Choose Life license plate fund balances.
6. Copy of letter dated September 16, 2011 to All Property Appraisers from Cathy Galavis, Property Tax Oversight Program, Florida Department of Revenue, re: Elected County Constitutional Officers’ Salaries.
7. Notification dated September 19, 2011 from Donald W. Kinard, Chief, Regulatory Division, U.S. Army Corps of Engineers, re: File Number SAJ-2011-02058 (IP-AWP).
8. Letter dated September 20, 2011 to Chairman Brenda Carey from Beth Norton, FEMA, Federal Insurance and Mitigation Administration, re: Case No. 11-04-7125P, Letter of Map Revision (LOMR).
9. Copy of facsimile to Mayor Teresa Jacobs, Orange County, from Governor Rick Scott re: Workforce Central Florida.
10. Letter dated September 22, 2011 to Chairman Brenda Carey from Richard Birdoff, RD Management, re: Lowes Home Improvement Store (17-92) and Jai Alai Property (17-92 and Fernwood).
11. Letters dated September 22, 2011 to Chairman Brenda Carey from David Johnson, Seminole County Property Appraiser, re: proportionate shares of Property Appraiser’s 2011-12 budget for the Board of County Commissioners, Unincorporated Roads District, and Fire District.
12. Letter dated September 23, 2011 to Chairman Brenda Carey from Robert E. O’Neill, United States Attorney, re: Grant Award from the U.S. Department of Justice/Office of Justice Programs.
13. Letter dated September 29, 2011 to Chairman Brenda Carey from Dianne Pickett Culpepper re: Bright House Networks programming changes.
14. Letter dated September 30, 2011 to Chairman Brenda Carey from James D. Stansbury, Regional Planning Administrator, Florida Department of Community Affairs, re: Comp Plan Amendment No. 11-1ESR.
15. Copy of memorandum dated September 30, 2011 to Sabrina O’Bryan, Legislative and Grants Program Manager, from Ray Valdes, Seminole County Tax Collector, re: Driver License Issue and Additional Information.
16. Letter dated September 30, 2011 to Chairman Bob Dallari from Ken Peach, Executive Director, Health Council of East Central Florida, re: Seminole County Advisory Board Attendance Report.
17. Copy of letter dated September 30, 2011 to Ray Valdes from Cathy Galavis, Property Tax Oversight Program, Florida Department of Revenue, re: Tax Collector’s final approved budget for FY 2011-12.
18. Copy of letter dated October 3, 2011 to Andrew Neff from Roger Musgrave re: accolades for employees Jeff Lane and Edmund Whaling.
19. Copy of letter dated October 4, 2011 to Chairman Arrington, Osceola County, from Daniel Holsenbeck, VP, UCF, re: Workforce Central Florida.
20. Facsimile dated October 6, 2011 to the Seminole County Board of County Commissioners from Elizabeth Shale Dorworth re: resignation from the Seminole County Port Authority.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Horan stated, as the liaison Commissioner to YouthBuild, he has not reported on this organization this year because there has been very little to report. For the last nine or ten months, YouthBuild has been fighting funding problems. He explained their funding will be discontinued by the Department of Labor and they are trying to figure out how to continue this program through other devices. The BCC has been helping them out through the County by partnering with them through the Community Services Department. The schools and Sheriff are also helping out. He asked if the Commissioners have anything that might be of assistance, he would welcome any suggestions.
Chairman Carey said the ABC and HBA (Home Builders Association) and might be able to raise some money for YouthBuild, and she will be happy to help any way she can with those groups.
Commissioner Horan reported on the Congress of Regional Leaders Open for Business Program, where he is a member of the Task Force on streamlining permitting and licensing. He said this initiative has been true to its mission of trying to identify best practices in the area to set policies. The final meeting will be October 21 and they will be submitting recommendations to MyRegion in the first week of November. He is looking forward to doing that. When those are presented, he will present same to the BCC. He thinks the BCC will be very happy because they are going to be consistent with the type of policies this Board has annunciated in the past.
Commissioner Horan stated the County is a Consortium partner with the East Central Florida Regional Planning Council in a HUD Sustainable Communities Grant for $2.8 million and that has been submitted in a timely fashion.
Commissioner Horan invited the Commissioners this weekend (Friday, Saturday and Sunday) to attend the Winter Springs Arts Festival at Central Winds Park and advised that tickets are available on line.
Commissioner Dallari thanked everyone for their hard work helping with the bake sale held for an employee. He acknowledged the work of Deputy County Manager Joe Forte, Erin Maciejewski, Amy Lockhart, Meloney Lung, Sharon Peters, and Pam Bevis. He also thanked all the County employees for their contributions and for coming out for this worthy cause.
Commissioner Dallari thanked Public Works staff for their help and preparation this past weekend for all the rain. There was very minimum flooding, if any, that he was aware of.
Commissioner Dallari stated he would like to get some additional information from Animal Control. The Board received information this past week on the intake, adoption, reclaim and euthanization of the animals, but the numbers did not add up and were off by about 1,000. He would like to know the best practices of what other counties are doing.
Commissioner Dallari stated he received a phone call and an e-mail from Senator Simmons asking any communities, that have stops along the SunRail track, to meet with him to talk about some type of neighborhood improvement district for funding. Commissioner Dallari will meet with him on Thursday, October 13. Senator Simmons’ meeting is on Friday in his office. Commissioner Dallari said he will report back to the Board. He asked Ms. Guillet to join him at the meeting and she can also give a briefing to the Board.
COUNTY MANAGER’S REPORT
Mr. Hartmann requested the Board to authorize Chairman Carey to execute a letter of support to SunRail for FDOT (Florida Department of Transportation) to hold a Disadvantaged Business Enterprise Forum in Seminole County, and also execute a letter of support for Tiger III for the Wekiva Parkway.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize the Chairman to execute a letter of support to SunRail for FDOT (Florida Department of Transportation) to hold a Disadvantaged Business Enterprise Forum in Seminole County; and also execute a letter of support for Tiger III for the Wekiva Parkway, as drafted and reviewed.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey advised that the letter the Board talked about this morning was drafted and circulated. She made a couple of changes that Mr. Neff worked on, and she expects the Board will have that for review before the 2:30 workshop.
DISTRICT COMMISSIONERS’ REPORTS, Continued
Commissioner Horan said as the Board liaison to United Arts, he was sad to learn of the resignation of Margo Knight who will take a new position in California; and United Arts is now searching for a new Executive Director.
Chairman Carey said they all wish Ms. Knight very well. Commissioner Dallari said he’s sure Ms. Knight will do California just proud as she did Seminole County.
Chairman Carey advised the Commissioners that the scheduled work session for today on water will convene at 2:30 p.m.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 1:57 p.m., this same date.