BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
October 22, 2013
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, October 22, 2013,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Robert Dallari (District 1)
Vice
Chairman John Horan (District 2)
Commissioner
Lee Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Commissioner
Brenda Carey (District 5)
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Eva Roach
Pastor Matt Wallis, Holy Cross Lutheran Church, Lake Mary, gave
the Invocation.
Commissioner Carey led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The Business Spotlight video for Insurance
Office of America (IOA) was presented.
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Chairman
Dallari recessed the BCC meeting at 9:37 a.m. and convened as the U.S. Highway
17-92 Community Redevelopment Agency.
U.S. HWY 17-92 CRA
Tom Tomerlin, Economic Development Director, addressed the Board
to present request to approve a Community Redevelopment Agency (CRA) Mini-Grant
Agreement between Nikesh Shah d/b/a Best Western Plus Sanford Airport, Lake
Mary, Florida, and the U.S. 17-92 CRA, for new signage at the property located
at 3401 South Orlando Drive. He stated the
total cost for the sign project is $10,250 and the maximum dollar-for-dollar
match is $5,000. This project involved
interior improvements to the facility as well as the parking lot. He added staff recommends approval of the
Mini-grant Agreement as well as the associated Budget Amendment Request #14-009.
No one spoke in support or in opposition.
Motion by Commissioner Horan,
seconded by Commissioner Carey to approve a Community Redevelopment Agency
(CRA) Mini-Grant Agreement, as shown on page ________, between Nikesh Shah
d/b/a Best Western Plus Sanford Airport, Lake Mary, Florida, and the U.S. 17-92
CRA, for new signage at the property located at 3401 South Orlando Drive; and
approval of appropriate Resolution #2013-R-242, as shown on page _________,
implementing Budget Amendment Request #14-009 in the amount of $5,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Tomerlin advised that staff is requesting that the U.S.
17-92 CRA Annual Budget for Fiscal Year 2013/2014 be pulled from the agenda. He stated staff would like to make the
budget more explicit by showing carryforward amounts as well as including an
attachment to the budget summary that provides some project descriptions
associated with the line items. The
Board had no objections.
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Chairman Dallari adjourned the U.S. 17-92 CRA meeting at 9:40 a.m.,
and reconvened the meeting of the Board of County Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, informed the Board of add-on Item
#3A, Mileage Reimbursement for Commissioner Constantine. He added that the Seminole County Port
Authority will be making a presentation at the 1:30 p.m. meeting.
Commissioner Constantine requested that Item #3, request to
approve the Seminole County Gun and Archery Association fees, be pulled for a separate vote.
Motion by
Commissioner Carey, seconded by Commissioner Horan to authorize and
approve the following:
County Manager’s
Office
Business Office
3A. Approve mileage reimbursement to Commissioner
Lee Constantine for travel to miscellaneous Metro Orlando EDC meetings and
events from January, 2013 through September, 2013.
Community
Services
Community
Development Division
4. Approve and authorize the
Chairman to execute the Seminole County Coalition for School Readiness, Inc.
Subrecipient Agreement, as shown on page _________, to provide child care
assistance to income-eligible households of Seminole County for Program Year
2013-2014.
5. Approve and authorize the
Chairman to execute the Central Florida Commission on Homelessness Subrecipient
Agreement, as shown on page ________, for Program Year 2013-2015 to provide
reimbursement for operating costs.
6. Approve and authorize the
Community Services staff to submit to the Florida Housing Finance Corporation
the technical revisions to the 2010/2013 and 2013/2016 Local Housing Assistance
Plan (LHAP) that will update the 2010/2013 LHAP to mirror the 2013/2016 LHAP
and to increase the maximum award amount for Homeowner Rehabilitation and allow
moderate income households to receive Homeowner Rehabilitation.
Development
Services
Planning &
Development Division
7. Approve the final plat for Chehal
Estates containing 2 lots on
approximately 0.9 acres zoned R-1AAA (Single-Family Dwelling) for property
located on the north side of McNeil Road, approximately one-quarter mile east
of Eden Park Road, more particularly known as 1324 McNeil Road and 401 Teague
Middle School Drive, Tirlochan Chehal and David Ambrose.
8. Adopt appropriate Resolution #2013-R-243,
as shown on page _________, vacating and abandoning a 15-foot by 140-foot
portion of a 50-foot Drainage Easement, Lot 40, Estates at Wekiva Park, as
recorded in the Public Records of Seminole County, Florida, in Plat Book 63,
Pages 6 through 12, more particularly known as 8600 Bear Haven Court, David
& Vicki Plumb.
9. Authorize the Chairman to execute
the Release of Lien, as shown on page ________, for Case No. 93-49-CEB, on
Section 36, Township 21S, Range 31E, Lot 52, Granada South, Plat Book 15, Page 100,
King Osborne.
Public Works
Engineering
Division
10. Approve and authorize the
Chairman to execute a Memorandum of Agreement, as shown on page ________,
between the State of Florida Department of Transportation, the State of Florida
Department of Financial Services, Division of Treasury, and Seminole County to
establish an interest-bearing escrow account to provide funds for the
acquisition of right-of-way for the State Road 426/County Road 419 Project. (FM
#415030-2-43-01)
Fleet/Facilities
Division
11. Approve and authorize the
Chairman to execute the First Renewal and First Amendment, as shown on page
________, to the Oak Groves Shoppes Lease Agreement entered into on October 28,
2010, between MSKP Oak Grove, LLC and Seminole County.
12. Approve and authorize the
Chairman to execute the Renewal and Seventh Amendment, as shown on page
________, to the 25th Street (SR 46A) MVI Station Lease with Ahoy Marine, Inc.
for an annual revenue amount of $29,256.02.
Resource
Management
Business Office
13. Approve and authorize the
Chairman to execute the Notice of Award, as shown on page ________, in
acceptance of the terms and conditions for the Adult Drug Treatment Court
Expansion and Enhancement Grant in the amount of $324,403 for FY 2013-14 from
the Department of Health and Human Services, Substance Abuse and Mental Health
Services Administration and to execute appropriate Resolution #2013-R-244, as
shown on page ________, implementing Budget Amendment Request (BAR) #14-004
through the Adult Drug Court Grant Fund in the amount of $324,403 to recognize
grant funding and establish budget.
14. Approve and authorize the County
Manager to execute the following Service Provider Agreements, as shown on page
________: Colonial Counseling Associates; Florida Safety Council; Glacier
Consulting; Harvest Time International; Hope and Help Center; Human Services
Associates; New Life Connections; and Seminole Community Mental Health Center,
for the Adult Drug Treatment Court Expansion and Enhancement Grant awarded to Seminole
County by the Department of Health and Human Services, Substance Abuse and
Mental Health Services Administration.
15. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page ________, with the
Florida Department of Financial Services in acceptance of $15,224 through the
Division of Emergency Management, Homeland Security Grant Program to assist
with the upgrade or replacement of equipment for Urban Search and Rescue (USAR)
Task Forces and Hazardous Materials (HazMat) Response Teams; and to execute appropriate
Resolution #2013-R-245, as shown on page _________, implementing Budget Amendment
Request (BAR) #14-006 through the Public Safety Grant Fund in the amount of
$15,224 to recognize grant funding and establish budget.
Budget and
Fiscal Management Division
16. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-246, as shown on page
________, implementing Budget Amendment Request (BAR) #13-127 through the General
Fund to transfer $17,040 in unspent funds from the Centennial Project to establish
and fund the United Arts/Centennial Project, providing required match funding
for the Arts and Cultural Education Services Agreement with United Arts of
Central Florida, and to allow the remaining $5,806 to lapse to Reserves.
17. Approve and authorize the Chairman
to execute appropriate Resolution #2013-R-247, as shown on page ________, implementing
Budget Amendment Request (BAR) #13-128 recognizing $68,660 in program revenue
for the Neighborhood Stabilization Program (NSP) 3 Grant, and to appropriate
those funds in order to further the goals of the program.
Purchasing &
Contracts Division
18. Award CC-8757-13/AMM, as shown on
page ________, Contractor Services Agreement for CDBG Program Reconstruction at
2401 Jitway Ave., Sanford, Florida, in the amount of $111,685 to Black Street
Enterprises, LLC of Port Saint Lucie, Florida; and authorize the Purchasing
& Contracts Division to execute the Agreement.
19. Award CC-8902-13/AMM, as shown on
page ________, Contractor Services Agreement for HOME Program Residential Reconstruction
at 2171 Church St., Sanford, Florida, in the amount of $109,520 to All-In
Construction Services, LLC of Longwood, Florida; and authorize the Purchasing
& Contracts Division to execute the Agreement.
20. Award four Master Services
Agreements (MSAs) for RFP-8721-13/DRR, as shown on page ________, General
Consulting Services for Planning to CPH, Inc., Sanford, Florida; GMB Engineers
& Planners, Inc., Orlando, Florida; Renaissance Planning Group, Inc.,
Orlando, Florida; and VHB MillerSellen, Orlando, Florida; and authorize the
Purchasing & Contracts Division to execute the MSAs. (Estimated Annual Usage
of $250,000).
21. Award IFB-601802-13/TLR Term
Contract, as shown on page ________, for Fire Sprinkler Inspection, Testing,
Certification and Repair Services to Carpenter Fire Protection, Inc., Geneva, Florida;
and authorize the Purchasing & Contracts Division to execute the Agreement.
22. Approve ranking list; authorize
staff to negotiate rates in accordance with F.S. 287.055, the Consultants
Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts
Division to execute one (1) Master Services Agreement (MSA) for PS-8827-13/DRR
- New Oxford Road Improvements (Estimated Term Usage of $900,000).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to approve the fees of $35.00 per
person, per hour for the use of the ranges and facilities at the Seminole
County Gun & Archery Association facility as requested by the Association,
was presented.
At the request of Commissioner Constantine, Joe Forte, Deputy County Manager, addressed the
Board to explain that the Seminole County Gun & Archery Association is
required to bring forward any fees that they are going to charge to the public. Per their recent discussions with the
President of the Association, they were able to work out with them that the
Association will provide, by scheduled appointments, time available to the
public, and add a fee to use the specialty range at the Archery Club. The Association is asking approval for a
$35.00 fee per hour per person, two hour minimum, for the use of the
range. The purpose of that is for them
to be able to provide a gun safety range officer onsite to oversee the
activities.
George Griffin, President of the Seminole
County Gun and Archery Association, addressed the Board to explain what the
current per-hour rate is at a shooting range, the impact of having range safety
officers and their annual maintenance expenses.
He informed Commissioner Constantine that he feels this is their
opportunity to allow the residents to use the facility at a reasonable
rate.
Commissioner Horan clarified some of the
misinformation that has been produced throughout the media concerning the preservation
of certain natural lands owned by the County and facilitated through a
long-term lease with the County. He
noted it is important that the public know that the Association has made
expensive improvements to the land that is owned by the taxpayers. There is a public purpose in preserving the
land and making sure that the public has access to the range for a reasonable
cost. He advised that the range is not
open at regular times and it is not open every day. The lease agreement does not require the
range to be open for any particular period, but requires the Association to
adhere to certain safety procedures. The
lease also requires that access to the range cannot be denied based upon race,
religion, national origin, or political beliefs. Mr. Griffin stated the public interest
indicated in the lease is something that the Association does follow.
Upon inquiry by Commissioner Horan, Mr.
Griffin advised the Association has had 27 to 30 calls with requests to use the
range after the newspaper article came out.
He stated the Association has been informing everyone that they have to
obtain approval for the fees from the BCC before anyone can use the range. Mr. Griffin informed Commissioner Horan that
there has never been an issue with safety at the range.
Mr. Griffin stated the Gun and Archery
Association offers the public to shoot during their matches for free every
Saturday and the 4-H are allowed to hold their Cameo and Critters Program for
free as well.
Motion
by Commissioner Carey, seconded by Commissioner Horan to approve the fees of
$35.00 per person, per hour, for the use of the ranges and facilities at the
Seminole County & Archery Association facility.
Under discussion, Commissioner Constantine
congratulated the Association for working out a situation that would be
reasonable for the citizens to be able to use the public land as well as the
Association continuing to provide services to their members.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari stated the Board approved
the ranking list for Item #22, MSA for PS-8827-13, New Oxford Road Improvements
under the Consent Agenda, and he wants to make sure that there will be
interaction between this agreement and the Oxford Road Land Use study. He stated the study is not finalized yet but
will come to the Board at the end of this year.
Brett Blackadar, County Engineer, addressed
the Board to state that the design is in the scope of services and they will
coordinate with that.
Chairman Dallari stated the study is coming
back and he wants to make sure that this is dovetailed with that study.
Mr. Blackadar stated staff has coordinated it
so that the agreement is submitted for approval now; staff will then negotiate
the rates and the design will start immediately following the planning study.
CONSTITUTIONAL OFFICERS
CONSENT AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Henley to authorize and approve
the following:
CLERK’S REPORT
23. Expenditure Approval Lists, as shown on page ________, dated
September 23 and 27, 2013; and Payroll Approval List, as shown on page ________,
dated September 26, 2013; approval of the BCC Official Minutes dated September
10, 11, and 24, 2013; and noting, for information only, the following Clerk's
"Received and Filed":
1.
Community
Services Agency Agreements, as shown on page ________, for the following: Boys & Girls Club; Boystown; Catholic
Charities; Christian Sharing Center; Early Learning Coalition; Foundation of
Seminole County Public Schools; Heart of Florida United Way; Intervention
Services/IMPOWER; Kids House of Seminole; Jewish Family Services; Lighthouse
Central Florida; Meals on Wheels; Rescue Outreach Mission; SWOP; Safehouse
Shelter; Safehouse YANA Project; Seniors First; and Special Olympics; as
approved by the BCC on July 23, 2013.
2.
Memorandum
from County Attorney’s Office unsealing the March 8, 2011 and May 10, 2011
Transcripts of Litigation Strategy Sessions regarding Allied Veterans of the
World, Inc. vs. Seminole County, Case No. 6:11-cv-155-Orl-28GKL.
3.
Recorded
copy of Mortgage Deed and Deferred Payment Promissory Note, as shown on page
________, from The Kathleen Anderson Comprehensive Work Center, Inc. d/b/a
Seminole Work Opportunity Program (SWOP).
4.
Performance
Bond #3215631, as shown on page ________, for the project known as Peninsula at
Island Lake, in the amount of $122,705.
5.
Recorded
copy of Sidewalk Easement, as shown on page ________, between Florida Becknell
Investors 2011, LLC and Seminole County.
6.
Modifications
to Hazard Mitigation Grant Program Subgrant Agreements, as shown on page
________, between Division of Emergency Management and Seminole County
regarding FEMA Project #1785-57-R, #1785-58-R, #1785-59-R, #1785-77-R,
#1785-78-R (Wind Retrofit Project for Fire Stations).
7.
Second
Amendments, as shown on page ________, to CC-3321-08 with Affordable
Development, a division of Driveways, Inc.; Central Florida Environmental
Corporation; and American Persian Engineers and Constructors, Inc.
8.
Work
Order #1, as shown on page ________, to PS-8148-12.
9.
Corrective
Mortgage Deed and Corrective Restrictive Use Covenant, as shown on page
________, American Living, Inc., for 3023 Moss Valley Place, as approved by the
BCC on April 9, 2013.
10.
Work
Order #51, as shown on page ________, to PS-3914-08.
11.
First
Amendment, as shown on page ________, to PS-3914-08.
12.
Conditional
Utility Agreements, as shown on page ________, for Water and Sewer Services
with Susi, LLC for the project known as Iradimed Facilities.
13.
Bill
of Sale, as shown on page ________, Florida Becknell Investors 2011, LLC,
Parcel I.D. #16-19-30-5AC-0000-067B.
14.
Change
Order #5, as shown on page ________, to CC-7968-12.
15.
Amendment
#2, as shown on page ________, to Work Order #96 to PS-5120-02.
16.
Amendment
#2, as shown on page ________, to Work Order #103 to PS-5120-02.
17.
Work
Order #2, as shown on page ________, to PS-8286-13.
18.
Conditional
Utility Agreements, as shown on page ________, for Water and Sewer Service with
Kerry D. Luellen, LLC for the project known as Luellen Office Building.
19.
Work
Order #8, as shown on page ________, to PS-0219-05.
20.
Work
Order #3, as shown on page ________, to PS-8186-13.
21.
Second
Amendment, as shown on page ________, to SS-601200-11.
22.
First
Amendment, as shown on page ________, to CC-7968-12.
23.
Amendment
#4, as shown on page ________, to Work Order #44 to PS-4388-09.
24.
Amendment
#1, as shown on page ________, to Work Order #52 to PS-4388-09.
25.
Change
Order #1, as shown on page ________, to Work Order #20 to CC-3321-08.
26.
Amendment
#1, as shown on page ________, to Work Order #29 to PS-2564-07.
27.
Water
and Sewer Improvements Cash Maintenance Bond and Maintenance and Escrow
Agreement, as shown on page ________, Florida Becknell Investors 2011, LLC, for
Becknell Industrial Facility in the amount of $2,126.
28.
Amendment
#2, as shown on page ________, to Work Order #6 to RFP-CS01-12.
29.
Amendment
#1, as shown on page ________, to Work Order #103 to PS-5120-02.
30.
Legal
Services Agreement for Counsel, as shown on page ________, to the Seminole
County Value Adjustment Board with J. Marc Jones, P.A.
31.
BOA
Approval Development Order #13-320000013, as shown on page ________, James and
Beverly Pickren, 1095 Oak Way, Special Exception.
32.
CC-8656-13,
as shown on page ________, Contractor Services Agreement for CDBG Program
Residential Rehabilitation at 1704 Hawkins Avenue with Black Street
Enterprises, LLC.
33.
CC-8651-13,
as shown on page ________, Contractor Services Agreement for HOME Program
Residential Rehabilitation at 308 South Sunland Drive with Black Street
Enterprises, LLC.
34.
Developer’s
Commitment Agreement, as shown on page ________, Lake Markham Landings PD.
35.
BOA
Approval Development Orders, as shown on page ________, for the following: #13-30000060, George R. and Emily Turner
Variance; #13-30000063, Audrey J. Mason and Ann J. Hasty Variance; #13-30000064,
Costa Edson Variance; #13-30000065, Randy L. Cross Variance; #13-30000066,
Deanne Rothman and Mark Abrams Variance; and #13-30000067, Tanya and Zachery
Miller Variance.
36.
Work
Order #45, as shown on page ________, to RFP-8312-12.
37.
Work
Order #12, as shown on page ________, to PS-4736-09.
38.
Closeout,
as shown on page ________, to CC-7908-12.
39.
Parks
Contract for Services, as shown on page ________, for Rebecca L. Ford.
40.
Work
Order #5, as shown on page ________, to PS-6658-11.
41.
Amendment
#1, as shown on page ________, to Work Order #4 to PS-6658-11.
42.
Amendment
#5, as shown on page ________, to Work Order #16 to PS-5182-05.
43.
Amendment
#2, as shown on page ________, to Work Order #30 to PS-5182-05.
44.
Work
Order #6, as shown on page ________, to PS-6865-11.
45.
Work
Orders #7 and #8, as shown on page ________, to RFP-5847-10.
46.
St.
Johns River Water Management District Change Order, as shown on page ________,
to Contract/Purchase Order #27296, Toilet Rebate Program (S006328).
47.
Work
Order #1, as shown on page ________, to PS-8146-12.
48.
Amendment
#1, as shown on page ________, to Work Order #8 to PS-3914-08.
49.
Conditional
Utility Agreement, as shown on page ________, for Sewer Service and Potable and
Reclaimed Water Service, Taylor Morrison of Florida, Inc., for the project
known as L&L Acres.
50.
Bill
of Sale, as shown on page ________, Taylor Morrison of Florida, for acceptance
of potable and reclaimed water and sewer systems within the project known as
Pearl Lake Estates.
51.
Bill
of Sale, as shown on page ________, for acceptance of the off-site sewer system
for the project known as Central Florida Oral and Maxillofacial Surgery.
52.
Bill
of Sale, as shown on page ________, for acceptance of the water system for the
project known as Gabriella Lane Water Main Extension.
53.
Order
approving discontinuance of mechanism for governmental recovery of
undergrounding fees from the Florida Public Service Commission, Docket
#130196-EI, Order #PSC-13-0422-TRF-EI.
54.
Satisfaction
of Lien, as shown on page ________, regarding Code Enforcement Case #12-84-CEB,
Brian K. Linn and Joy M. Linn, as approved by the BCC on July 23, 2013.
55.
Release
of Lien, as shown on page ________, regarding Code Enforcement Case
#08-149-CEB, Doug N. Poppitz, as approved by the BCC on July 23, 2013.
56.
Amendment
#2, as shown on page ________, to PS-3914-08.
57.
Final
Adopted Budget, as shown on page ________, for Seminole County for Fiscal Year
2013/14 received from Resource Management.
58.
Capital
Improvement Program for Seminole County for Fiscal Years 2013/14 to 2017/18
received from Resource Management.
59.
Bids
as follows: IFB-601802-13; CC-8757-13;
CC-8799-13; RFP-601794-13; RFQ-601829-13; BID-601823-13; and CC-8825-13.
COUNTY MANAGER AND STAFF BRIEFINGS
Motion by
Commissioner Carey, seconded by Commissioner Horan to accept the Informational
Budget Transfer Status Report for FY 2012/13.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari recessed the meeting at 9:55 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with Chief Deputy Clerk Bruce McMenemy
being in attendance; and, with the exception of Deputy Clerk Eva Roach, who was
replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner Horan, seconded
by Commissioner Carey, to authorize the filing of the proof of publication for
this meeting's scheduled public hearing into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
AWARDS AND
PRESENTATIONS
Andrew Van
Gaale, Seminole County Port Authority (SCOPA), addressed the Board to present
the BCC with a check of SCOPA’s surplus funds in the amount of $450,000. He advised that another $100,000 has been
budgeted for next year. The total YTD
from the Port Authority is $6,580,000.
In addition, they just had their yearly audit which will be available to
the BCC soon. He mentioned that
Commissioner Carey has been a great help on their Board re-establishing some
policies and things are running well.
Mr. Van
Gaale then presented the check to Commissioner Carey, and Chairman Dallari
asked him to tell the Port Authority Board that they are appreciated for all
their hard work.
PUBLIC
HEARING
I-4 COMMERCIAL SITE SMALL SCALE
LAND USE AMENDMENT/Steven Young
Proof of publication, as shown on page _______, calling for
a public hearing to consider adoption of the Ordinance amending the Seminole
County Comprehensive Plan to enact a Small Scale Future Land Use Amendment from
HIP-TI (Higher Intensity Planned Development – Target Industry) to PD (Planned
Development); and consider adoption of the associated Ordinance to rezone the
subject property from A-1 (Agriculture) to PD (Planned Development); and
approve the associated PD Development Order and Master Development Plan for 5.0
acres, located on the east side of I-4, approximately 375 feet south of School
Street, Steven Young, received and filed.
Brian Walker, Planning
& Development Division, addressed the Board to present the request as
outlined in the Agenda Memorandum. He
displayed and reviewed an aerial photo of the site and reviewed the applicant’s
request.
He advised the Planning
& Zoning Commission voted unanimously to recommend approval, and staff
recommends adoption of the Ordinances and approval of the PD Development Order
and Master Development Plan.
Brian Davis, President
of Libra Design Group, representing Steven Young, applicant, addressed the
Board to state they appreciate staff’s cooperation and work in bringing this
application to the Board. They look
forward to the project being developed and adding jobs and tax base to the
county.
No one spoke in support
or in opposition.
Commissioner Carey
advised she had ex parte communication with Steven Young, the property owner,
and provided a copy to the Clerk (received and filed).
Motion
by Commissioner Carey, seconded by Commissioner Horan, to adopt Ordinance
#2013-28, as shown on page _______, amending the Seminole County Comprehensive
Plan to enact a Small Scale Future Land Use Amendment from HIP-TI (Higher
Intensity Planned Development – Target Industry) to PD (Planned Development);
and adopt the associated Ordinance #2013-29, as shown on page _______, enacting a rezone of the subject property
from A-1 (Agriculture) to PD (Planned Development); and approve the associated
PD Development Order, as shown on page _______, and Master Development Plan for
5.0 acres, located on the east side of I-4, approximately 375 feet south of
School Street, as described in the proof of publication, Steven Young.
Districts 1, 2, 3, 4
and 5 voted AYE.
CHAIRMAN’S REPORT
Chairman
Dallari advised that he asked staff to give a briefing on the Springs
Protection Bill.
Andy Neff,
Environmental Services Director, addressed the Board to review the bill and
staff’s recommendations regarding Senator David Simmons’ Springs Protection
Bill entitled the Florida Springs and Aquifer Protection Act which creates Part
4 of Chapter 369 of the Florida Statutes.
It also affects Chapter 403 of the Florida Statutes where basin
management plans are included as part of the BMAP process.
Mr. Neff
stated the bill talks about establishing protection zones for 21 Florida
springs. The protection includes water
quality, water quantity and bio-diversity.
In terms of how the bill is crafted and how it will move forward in its
current version, it requires the Water Management Districts to identify
springsheds by July 1, 2015. It also
requires them to develop baseline action plans to restore to a baseline flow in
terms of water quantity, which is defined as pre-1980, by July 1, 2016. In regard to quality, it requires the
Department of Environmental Protection (DEP) to identify impaired water bodies
by July 1, 2015 and develop modified basin action plans by July 1, 2017. It requires a 3-milligram-per-liter nutrient
standard for nitrogen by wastewater plants by July 1, 2019 and it requires
connection of all properties on septic tanks to central systems at no cost to
the homeowner by July 1, 2016 for smaller lots less than one acre, and by July
1, 2019 for larger lots. It also
requires the Fish & Wildlife Conservation Commission (FWC) to approach the
bio-diversity issue and develop a plan for endangered and threatened species by
July 1, 2016. He said it is a fairly
complex and very aggressive bill moving forward on a number of fronts to
protect springs.
Mr. Neff said that in light of
really trying to be constructive and strategic in their response to the
Senator’s request, staff put together a series of comments (copy received and
filed). He explained that staff centered
in on four main points of feedback and reviewed the first bullet point,
“Utilize the existing site-specific minimum flow and level (MFL) program to
protect Florida springs.” Commissioner
Horan questioned whether the bill referenced the Central Florida Water
Initiative (CFWI). Mr. Neff replied that
it does not. He further questioned
whether Sections 373.042 and 373.042(1) of the Florida Statutes were mentioned
in the bill. Mr. Neff said that some
content in this bill intersects with provisions already contained in Section
373, and staff’s perspective is that it should be looked into as to where the
overlaps exist and the current work already being done to integrate that into a
refinement of how to approach the protection issue of the springs.
Mr. Neff then reviewed the second
bullet point, “Promote implementation of basin management action plans (BMAPs)
tailored to the specific needs of each springshed.” Upon inquiry by Commissioner Horan regarding
science-based MFLs in staff’s recommendations, Mr. Neff stated the issue is
they need to take a look that is much broader than this because there are other
priorities in the state and other initiatives underway, and it should be based
in some sort of scientific research that says this is good for this area and
something else may be good for another area.
Upon further inquiry, Mr. Neff stated that their concern is the bill
will divert resources from current initiatives under this process.
Commissioner Carey stated they are
under the U.S. Environmental Protection Agency (EPA) numeric nitrate water
quality guidelines that have already been established, and DEP has done a lot
of work on this already. She said she
agrees that a “one-size-fits-all” approach is probably not the way to go about
this because an issue in Silver Springs, for example, may be totally different
than an issue in Wekiva River. She
stated she is disappointed that the bill does not talk about the CFWI or the
Water Management Districts much, or even the DEP, and all the work that has
already been done. There are studies
ongoing about septic tanks, the fertilizer groups are working and there has
been some legislation already passed on fertilizers. She voiced further concerns in connection
with where they will need to focus money, i.e. BMAP under EPA or federal
mandates that may have federal implications or penalties; the bill stating
there will be no cost to the homeowner, but homeowners will still have to pay
to be on the system; and the bond covenants.
She suggested a cover letter from the Chairman highlighting the bullet
points with their concerns. She said she
hopes that their representatives on the legislature, Nicolle Guillet and Olga
Sanchez de Fuentes, are involved in these discussions because they are going to
be the people on the ground talking to the legislators.
Chairman Dallari stated that just
the financial aspect alone is daunting.
He added they will need to get some analysis to see, if this goes
forward, what would happen with their bond rating and covenants. He said this would be devastating not just to
this county, but to the surrounding counties, and said he believes it would
shut down the county.
Chairman Dallari stated they need
to take a multi-front approach to this including the Environmental Services
team, Ed de la Parte (outside council on water issues), and their legislative
representatives, and they need to be involved with Bobby Brantley, their
Lobbyist in Tallahassee. He directed
that as this moves forward, he would like monthly updates. He asked Nicole Guillet and her team to
contact Bobby Brantley to understand exactly where this is going and where they
should concentrate efforts in Tallahassee to protect Central Florida. Commissioner Carey added that this will have
statewide implications and she knows this will be on the radar screen for FAC
legislative priorities as well.
Upon inquiry by Commissioner
Constantine, Andy Neff advised that some years ago there was a study done for
the Wekiva rural area that looked at the area around the springs and that
number was about $50 million, but that was several years ago.
Commissioner Constantine stated
that Senator Simmons has all good intent and he respects that the Senator is
trying to tackle a very big problem, but there are a lot of things in this that
would be very difficult for the legislature to take on. As far as a response tomorrow, in talking to
Senator Simmons, he is looking for a lot of people to give him a lot of input,
and Commissioner Constantine stated they will have plenty of time to respond
throughout the process. He said he
agrees that there is going to be a great deal of cost to the individual, a lot
more than just the hookup. Also, the
bill stated they would be reimbursed for the hookups, but who knows what’s
going to happen because the cleanup projects they have now are 10 to 12 years
behind as far as being reimbursed for them.
Commissioner Henley agreed with the
Commissioners’ comments and said he doesn’t think it is wise to enter into
something with this many potential unintended consequences. The Senator needs to be commended for the
undertaking but he said they need to identify, for the Senator’s benefit, the
potential unintended consequences. He
said he thinks Senator Simmons needs to have an understanding of what is already
underway in Central Florida in trying to deal with these issues.
Commissioner Carey stated this will
also affect a lot of the cities who also have land in the springshed. She stated there are several important water
bodies in Seminole County that this language would apply to, and for the cities
that provide utilities, it will have a huge implication on them because there
are many areas that have not been “sewered.”
Commissioner Carey suggested they
all have a one-page sheet of talking points, and their legislative reps, Nicole
Guillet and Olga Sanchez de Fuentes, need to be 100% up on what the discussions
are with the rest of staff. She said she
would like to see them ask John Stokes, Financial Advisor, for a formal
analysis on what this would do to their bond covenants.
Commissioner Horan stated he agrees
they should send a letter to meet the deadline indicating there will be more
information to come. This bill will be
going through a number of different committees; it will be scored and it will
be assessed in terms of economic impact.
The bottom line is they are looking for a way to address the problem of
clean water. There is a process in
place, they finally got the water management boards to agree on the same
metrics and the same standards, and the CFWI is 60% to 80% completed. He said he hopes the legislature builds on
that body of work and doesn’t just give what is essentially an unfunded mandate
to solve the problem, but actually has the political courage to say this is a
problem throughout the State of Florida, this is how much it will cost to solve
the problem, and then create a funding mechanism for it. Whether people pay for their own septic tanks
or through ad valorem taxes or documentary stamp taxes, they should tell people
that this is the problem and this is the cost.
Commissioner Constantine concurred
with the Commissioners’ comments and stated there are a lot of mechanisms
already in Statute 373 that would provide for a number of things that can be
used to clean up water bodies if they were just implemented. He added that doc stamps are still supposed
to be spent for affordable housing, lands conservation and a number of other
issues. He cautioned that the CFWI is
only for water quantity and very little for water quality. He advised that staff has been engaged in
this with the FAC. In regard to the
Fertilizer Committee that he chairs, they are expanding it to the springs
initiative so they too can respond and put it into the FAC’s legislative
statement because clearly, as Commissioner Carey indicated, this is going to be
a very important issue for local government in the next legislative
session. He congratulated and thanked
staff for their work.
Discussion ensued regarding
different efforts of cleanup including Silver Springs and the Everglades, the
fact that the rain in all areas of Florida has reduced dramatically,
consumptive-use permits that have increased, and the Kirkpatrick Dam. Commissioner Constantine stated that all the
springs, especially the first and second magnitude, are essential to the
watershed, the environment, and to life itself in Florida.
Upon inquiry by Chairman Dallari,
Mr. Neff advised that the response letter will include commentary from a
holistic standpoint with the proviso that they will be engaged further on in
the development of this legislation on specific issues, and they will get in
contact with bond counsel and discuss the issues relative to the bond
covenants. Chairman Dallari added he
would like monthly updates the first meeting of each month from Mr. Neff and
his team, and Ms. Guillet and her team.
He reiterated that Ms. Guillet should contact Bobby Brantley in
Tallahassee. Mr. Hartmann added that
they have a team meeting on this today and they will get the letter drafted for
the Chairman’s signature.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
dated September 26, 2013, from Marva Johnson, Bright House Networks, to
Chairman Dallari regarding programming changes to Bright House Networks
customers. (C: SGTV, County Manager, Michael Champagne,
Bright House Networks)
2.
Letter
with attachment dated September 30. 2013, from Valerie Huegel, Florida
Department of Environmental Protection, to Chairman Dallari RE: Site
Rehabilitation Completion Order for Texaco Food Mart #1355-08 24-025-0048. (C:
BCC, County Manager, Engineering, Development Services)
3.
Letter
dated October 1, 2013, from Michael Champagne, Bright House Networks, to
Chairman Dallari and Commissioners regarding Drew Gillian, New Government
Affairs Sr. Manager for Bright House Networks.
(C: SGTV, County Manager, Drew
Gillian, Bright House Networks)
4.
Letter
dated October 3, 2013, from Victor Johnson, Florida Department of Health, to
Chairman Dallari regarding Award of State Emergency Medical Services. (C:
BCC, County Manager, Public Safety, Resource Management)
5.
Letter
with attachment dated October 4, 2013, from Ray Valdes, Seminole County Tax
Collector, to Chairman Dallari regarding Summary of Final 2013-14 Budget for
the Office of the Seminole County Tax Collector, as approved by the Florida
Department of Revenue. (C: BCC, County
Manager, Resource Management)
6.
Copy
of letter with attachment dated October 8, 2013, from Hugh Harling, Jr., East
Central Florida Regional Planning Council (ECFRPC), to Jim Hartmann, Seminole
County Manager, regarding ECFRPC 2013/14 Annual Assessment (Dues). (C: BCC, Development Services)
7.
Copy
of letter dated October 8, 2013, from Chairman Dallari to Mark Reyes, 40 Sheoa
Boulevard, Winter Springs, regarding appointment to Law Library/Fred R. Wilson
Memorial Board of Trustees to complete unexpired term ending January 1, 2015. (C: BCC, County Manager, Terri Fish, Law
Library)
8.
Copy
of letter dated October 9, 2013, from Vice Chairman Horan to Yvette Sanchez
Fuentes, Office of Head Start, regarding letter of support of Seminole County
Public Schools’ application to the 2013 Early Head Start and Head Start funding
competition. (C: BCC, County Manager,
Boyd Karns, Seminole County Public Schools)
9.
Orange
County Housing Finance Authority 2012 Annual Report received October 10, 2013.
10.
Notice
of Public Hearing received October 10, 2013, from City of Lake Mary regarding
the Final Subdivision Plan for the Waterside Development located on the south
side of Lake Mary Boulevard at its intersection with Stillwood Lane. (C:
BCC, County Manager, Development Services)
11.
Letter
with attachment dated October 10, 2013, from Richard Morrison, Florida
Hospital, regarding Health Issues Brief, October 2013. (C: BCC, County Manager, Human Resources)
12.
Copy
of letter dated October 10, 2013, from Vice Chairman Horan to Dr. Mark
Chironna, Church of the Living Edge, regarding appreciation for plaque
recognizing Seminole County’s service and contribution to the citizens. (C:
BCC, County Manager)
13.
Copy
of letter dated October 14, 2013, from Vice Chairman Horan to Judge John
Harris, 18th Judicial Circuit Court, regarding the request to
appoint a substitute member to the Seminole County Canvassing Board for the
2014 elections. (C: BCC, County Manager, Supervisor of Elections,
County Attorney)
14.
Copy
of Memorandum dated October 14, 2013, from Lisa Spriggs, Seminole County
Sheriff’s Office, to Board of County Commissioners and County Manager regarding
Sheriff’s Office 2012/13 Budget Closeout.
15.
Letter
with attachment dated October 17, 2013, from Luis Rodriguez, Federal Emergency
Management Agency (FEMA), to Chairman Dallari regarding FEMA determination of
property located at 3125 Scrub Oak Trail, Case #13-04-7775A. (C: County Manager, Public Safety,
Development Services)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Constantine reminded the Board that the Wekiva Commission, which will also be
discussing the “springs bill,” will have a meeting on October 29 at 1:30 p.m.
at the Regional Planning Council offices.
--------
Commissioner
Constantine advised that many of them will be attending the Servants of the
People event at the Marriott on October 30.
He added there is a Greek Festival in the Altamonte Springs area on
November 1. In addition, an All Souls
Catholic Church event is on November 1 and the Nativity Catholic Church
festival is this weekend. Commissioner
Constantine advised that CALNO will be meeting on November 6 at Seminole State
College, and the Legislative Delegation will be meeting here on November 13th. He stated the Central Florida Zoo’s Board of
Directors’ meeting was held on October 17.
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Commissioner Constantine announced
that Leadership Seminole has a “Lessons on Leadership” session upcoming in
January with Dr. John C. Hitt, University of Central Florida, and Dr. Ann
McGee, Seminole State College, who will speak about education in the State of
Florida.
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Commissioner Constantine advised
that the Orlando Sanford Airport Authority had a meeting on October 15
concerning some of the properties that are in negotiations; the meeting was for
board members only and he was not in attendance.
--------
Commissioner Constantine stated
there is an FAC Legislative Conference from November 13 through 15, and he is
looking for authorization to attend.
Commissioner Carey advised it will
be a day trip for her as she plans to attend the Board of Directors meeting on
Wednesday morning.
Discussion ensued regarding
commissioners’ travel and whether this meeting required an overnight stay.
Commissioner Horan advised he will
be seeking authorization to attend the FAC Legislative Conference and will be
staying overnight.
Discussion ensued regarding the FAC
Ethics Training Conference on November 15.
Commissioner Carey stated that it can be done for $35 online. Commissioner Horan explained he will stay for
the FAC closing session of the conference on November 15 and then attend the
Ethics Conference, paying for this out of his office account. Commissioner Henley clarified for the public
that the office accounts mentioned are not paid for by the taxpayers but are
excess campaign funds.
Motion by
Commissioner Constantine, seconded by Commissioner Horan, to approve expenses
incurred for travel and lodging in connection with attendance at the Florida
Association of Counties (FAC) Legislative Conference.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey voted NAY.
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Commissioner Henley advised that he
attended the MetroPlan Alliance last week to fill in for someone and there were
two items of business that were noteworthy.
Firstly, the Alliance approved the transportation priorities list for
the region. He said it is quite
extensive, but he can provide it to the commissioners upon request. Secondly, they had a lot of discussion and
debate about the situation of Orlando/Orange County being the most dangerous
area for pedestrians in the country.
They have launched a program in order to try to cut that in half within
the next five years. The program is
known as 3E’s, Engineering, Education and Enforcement. Volusia County has also since adopted the 3E
program in trying to deal with some of their fatalities.
--------
Commissioner Carey advised that the
Central Florida Commission on Homelessness revised the by-laws of the
commission increasing the number of members from 24 to 36 and increasing the
number of acting members from 24 to 30.
They wanted to have the capacity to add additional members in the future
if they see the need.
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Commissioner Carey announced that
Mr. Van Gaale, Seminole County Port Authority, has hired a replacement for
Irene Dolgner. She has been with the
Port Authority for 34 years as of today and will be retiring at the end of the
year. Her replacement is Jennifer Parker
whose title will be Administrative Aide.
Irene’s last day is December 31.
Chairman Dallari asked Commissioner Carey to put together a resolution
of appreciation for her.
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Commissioner Carey stated The
Servants of the People luncheon is on October 30 and she is the honorary chair
for that event. There is still
opportunity to support this great event and the funds go to Rescue Outreach
Mission, which is the only certified homeless shelter in the county. She said they support it from the County very
heavily, and hopes the business community will also reach out to help support
it.
--------
Commissioner Carey advised for the
record that she is attending the FAC Legislative Conference Board of Directors
meeting and it will be a day trip for her.
Commissioner Carey discussed travel to Orange and Osceola Counties for
FAC meetings and advised she pays for travel to those out of her office
account. She added that overnight stays,
i.e. if attending a two-day meeting in Sarasota or the Panhandle, are
understandable.
Chairman Dallari stated that during
the budget meetings, they discussed putting together travel agendas. Commissioners Horan and Carey stated they had
submitted theirs. Chairman Dallari
stated his first day back was yesterday, so he had not seen them yet.
Commissioner Carey stated the
Annual Conference for FAC this year is in Orlando and they may want to clarify
their travel policy before that. She
also requested they clarify how payment should be handled with the ethics
training.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to authorize all board
members to be personally responsible for payment of the training that is
required by the State.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Upon Chairman Dallari’s request,
Joe Forte, Deputy County Manager, advised of the policy for paying employees at
Christmas under the current Administrative Code. Discussion ensued. Chairman Dallari asked Mr. Hartmann to add
this to the agenda for the next BCC meeting.
Mr. Hartmann said he would outline the options and associated costs and
bring it back to the Board.
--------
Commissioner Horan stated the
Legislature meets every year and they pass laws which go into effect October
1. He received a letter from the Florida
Department of Juvenile Justice and said there is a new law that creates a new
committee formed effective October 1 called the Juvenile Justice Circuit
Advisory Board which reconstitutes what was previously known as the Circuit
Court Advisory Board, which is now comprised of several different kinds of
committees. The Chairman of the 18th
Judicial Circuit Board, Richard Rogers in Brevard County, is asking for their
designation of a representative from the BCC to this new board which will work
collaboratively with the Department of Juvenile Justice in the emerging and
changing needs of Florida’s youth who are at risk of delinquency. He said he would be happy to serve in this
capacity.
Motion by
Commissioner Carey, seconded by Commissioner Henley, to approve the appointment
of Commissioner Horan as the BCC’s representative to the Juvenile Justice
Circuit Advisory Board.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Commissioner Horan stated he
co-chairs the Finance and Administration Committee for FAC and he had a series
of discussions with representatives from FAC and staff members regarding the
assessments for FRS for their employees, which in this last budget period was
the largest, single cost driver they had.
Actuarial statistics have been done by the State Department of
Administration and the news is not good despite the fact that they had a 15.2%
return on investment. There is about a
200-page report by Milliman, a firm that provides actuarial and related
products and services. The FAC committee
agreed to keep all the assumptions the same for the 2014 evaluations. The experience study that was done by the
Milliman firm came up with a deficit that increased 8.8%, to $21 billion from
$19 billion for the state-unfunded liability.
The unfunded status actually decreased from 86.9% to 86.2% and much of
that was based upon the fact that payroll growth was lower than expected. If these results do not change significantly
between now and when the final valuation is due in December, they don’t
anticipate a significant change in the contribution rates for FY 2014/15. Commissioner Horan said that consequently, in
terms of their own budget for the next year, they can probably look at the same
kind of number which he believes was somewhere in the neighborhood of $17
million or $18 million this year in funding.
He said it was a matter of discussion the way those unfunded liabilities
are now required, not for this fiscal year but for the next fiscal year, to be
reflected in a balance sheet. The
accountants have passed a new standard, GASB 68 (Statement No. 68 of the
Governmental Accounting Standards Board), a recording principle of all
participating FRS employers and governments that issue financial statements;
that unfunded liability is now going to have to be reflected in financial
statements. He asked Mr. Pennisi to give
a brief summary of the effect this reporting requirement may have on budgeting
and their financial statements.
Joe Pennisi, Resource Management
Director, addressed the Board to state with respect to their expected
obligations for FRS contributions going forward, unless and until the
assumptions change, they can expect the same level roughly that was paid this
year to continue, not just for the next few years, but years beyond that as
well. The good news is, to the extent
you can call it good news, when staff presented the Board with projections
going forward as part of the budget process, they anticipated where they are,
so the projections the Board has seen already embody those rates of
contributions continuing into the future.
They use a 30-year timeframe to amortize the unfunded actuarial
liability so theoretically, unless the assumptions change or something changes
drastically in the actuarial, that rate of contribution would continue on into
the future. He added that in some of the
report, it shows that at the rate of contribution they have in place for the
current fiscal year, they would only reach 87.9% funded for that unfunded
actuarial liability by 2023, so it is a very long period of time. With respect to those assumptions, they are
saying that they will next look at them when Milliman does its five-year
actuarial experience study. The last one
was done to cover the period 2003 through 2008; the next one will cover 2009
through 2013, and it should be done next year.
He stated that as he looked at what was in the reports, what he would
see as potentially coming out of that additional study is potential adjustments
on both sides of that equation on the actuarial liability side and the asset
side that would be offsetting to some degree now; to what degree, they don’t
know. He stated with respect to the
liabilities, as Commissioner Horan has suggested, those are very much based on
assumptions with respect to the rate of salary growth or employee-cost growth
over the course of the future. The
previous assumptions were for a 4% increase over time. The experience over the last few years has
been less. He said he would anticipate
that when they go and revisit those assumptions, those would be ratcheted
down. The concerning area, however, with
respect to the evaluation of assets where the assumption and the future
liability is very much sensitive to this assumption, is the rate of return on
the assets that are in place. Up to this
point over the last five-year period, the assumptions that have been adopted
out of Milliman’s recommendations have been for a 7.75% rate of return, long
term on the assets of the fund. Milliman
is saying in this report that their latest estimates are about 7.26%. They cite another study that talks about
7%. He stated he thinks that when you
see those assumptions revised with respect to the return on the assets, they
will come down considerably. So you have
the return on assets coming down, the liability assumptions which he said he
thinks will also come down, but how that comes out in the balance, they do not
know. With respect to the GASB 68, again
the requirement will be that starting fiscal year 2014/15, those liabilities go
on their balance sheet and Seminole County’s share as a participant in FRS of
what that total $21 billion liability would be.
Mr. Pennisi said he contacted someone from FAC trying to get some idea
of whether there is a number currently or whether there is a good way to
estimate what that number might be. She
informed him that there is no guidance at this point in time. It is not even clear whether FRS will be
determining those numbers and feeding them to the County or whether all of the
local participating jurisdictions will be on their own to come up with
them. He said he tried to do a ballpark
estimate of where they might be and by his best “guesstimate,” they would be
looking at somewhere between $85 million and $95 million as their share of that
liability. That number has changed
pretty drastically over the course of the past few years; between 2009 and
2010, the actuarial value of the assets went from 107% or 108% funded down to about
90%. And in previous years, it went from
being underfunded to overfunded. Again,
the good news there is that showing the liability on the books really does not
change the fact that as participants in the system, they are liable for that
unfunded actuarial liability, but it does put it clearly on the County’s
balance sheet.
Commissioner Horan stated they have
a net asset position of somewhere in the neighborhood of $1.2 billion so
consequently, it is not going to really affect them as much as it may affect
some of the smaller counties that have a much smaller platform. In fact, he said, some of these counties may
be in a negative net-asset position if the County is the major employer in that
particular county, etc. It doesn’t look
like from a financial reporting point of view, when the bond raters look at
their net asset position and so forth, it is going to affect them as far as
rating or anything else, but it will affect some counties quite a bit.
--------
Motion by
Commissioner Horan, seconded by Commissioner Constantine, to approve expenses
incurred for travel and lodging in connection with attendance at the Florida
Association of Counties (FAC) Legislative Conference.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey voted NAY.
COUNTY
MANAGER’S REPORT
No report.
COUNTY
ATTORNEY’S REPORT
Bryant
Applegate, County Attorney, advised he sent an email out asking the Board not
to sign on to “Ask Them.” He stated this
is a new website to put out opinions and answers to questions raised by constituents. Staff is checking into it. There are Sunshine and public records
concerns, particularly on the Sunshine issue.
It started as opening the doors to Congress, but Congress is not under
the Sunshine Laws and the County is.
--------
Mr.
Applegate stated they have scheduled briefings with all the Board members to
complete the training on Sunshine and public records. The law now requires that they go through the
training every year. Upon inquiry by
Chairman Dallari, Mr. Applegate advised that the legislature has to go through
some training now on ethics.
--------
Mr.
Applegate said he is preparing a comprehensive litigation report and will have
that to the Board at the end of the year.
One of the things that will be a little different is that he is
highlighting all the claims received from plaintiffs’ counsel in which the
wrong party was named. Lynn
Porter-Carlton, Deputy County Attorney, has addressed those and through her
work, a lot of money has been saved with outside counsel in just stopping these
“right off the bat” by sending a letter back to the plaintiff’s counsel stating
they have sued the wrong party.
--------
Mr. Applegate stated that since
there are only two more meetings and the next one is four weeks away, he is
requesting approval that he has authority to file the appropriate action in
case any matter comes up relating to abating a nuisance or a public safety
issue. He advised he would come back to
the Board at the next meeting for ratification.
Upon inquiry by Chairman Dallari, Mr. Applegate explained they have an
issue where an individual is living in a home that he initially moved into as a
sub-tenant and the home is now in foreclosure; there is a sale pending on
November 5. There is no running water
and there is an issue about claims of defecating on the lawn outside and those
kinds of things. They have been on the
phone with the Sheriff’s office as well.
He cannot tell them right now whether or not there is a basis to go to
court.
Motion by Commissioner Horan,
seconded by Commissioner Henley, to give the County Attorney authority to file
the appropriate action in the event a matter arises relating to abating a
nuisance or a public safety issue, as he deems reasonable and fit, and
direction to bring the issue back to the Board for ratification at the next BCC
meeting.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner Carey reminded
everyone that the next BCC meeting is not the second Tuesday as is usually
held, but it will be the third Tuesday in November, which is the 19th.
--------
Commissioner Constantine stated
Wekiva Island is such a beautiful area and very special to them all. In regard to the tragic incident that
happened last week, he said that staff from the fire department all the way through
to the building department have been working so hard helping the owners
re-evaluate and re-assess and get back to business, and he wanted to publicly
thank all of them.
--------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:56 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/tp