BOARD OF COUNTY
COMMISSIONERS
SEMINOLE COUNTY,
FLORIDA
NOVEMBER 13, 2012
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, November 13, 2012, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District 3)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Ron Williams, Palmetto Avenue Baptist Church, Sanford, gave the Invocation.
Commissioner Van Der Weide led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt appropriate Resolution #2012-R-201, as shown on page ______, recognizing six Seminole County businesses who have been selected as 2012 “Companies to Watch” by GrowFL in association with the Edward Lowe Foundation.
Districts 1, 2, 3, 4 and 5 voted AYE.
The 2012 GrowFL Resolutions were presented to representatives of Advanced IT Concepts; Avant Healthcare Professionals; Maple Street, Inc.; and Talismark. Resolutions for Hernon Manufacturing and PHXX, LLC were presented to Bill McDermott, Economic Development Division, who accepted on their behalf. Mr. McDermott recognized Fran Korosec, GrowFL, who coordinated the program.
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Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate Resolution #2012-R-200, as shown on page ______, recognizing Commissioner Dick Van Der Weide for 20 years of service and dedication to Seminole County Government and its citizens.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley expressed his appreciation for serving alongside Commissioner Van Der Weide for approximately 14 years.
A video of Commissioner Van Der Weide through the years was shown. The Resolution was presented to Commissioner Van Der Weide and his wife, Judy.
A plaque was presented by representatives of the Veterans Advisory Council in appreciation for Commissioner Van Der Weide’s 20 years of faithful service to the veterans of Seminole County.
Commissioner Van Der Weide expressed his appreciation.
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Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2012-R-202, as shown on page ______, recognizing George M. Burkett for 38 years of service and dedication to Seminole County Government and its citizens upon his retirement from the Department of Public Safety-EMS/Fire/Rescue Division on October 31, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey thanked Gary Kaiser, former County Manager, for being present to witness the presentation. The Resolution was presented to Mr. Burkett.
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Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to adopt a Proclamation, as shown on page ______, proclaiming the month of November 2012 as “Pancreatic Cancer Awareness Month.”
Districts 1, 2, 3, 4 and 5 voted AYE.
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John M. Lewis, Jr., Chief Executive Officer of LYNX, addressed the Board to present a Powerpoint Presentation entitled LYNX Funding Model, which was included in the agenda memorandum.
Mr. Lewis reviewed the following slides: FY 2013 Preliminary Operating Expenses; FY 2013 Preliminary Operating Expenses by Jurisdiction; Seminole County Funding Trend; Federal Preventative Maintenance Funding Trends; and FY 2013 Funding Model Results.
Chairman Carey commented that 20 years ago they discussed dedicated funding sources during a joint work session in Osceola County. She stated she became a LYNX board member shortly thereafter and there have been discussions about dedicated funding sources since then, including the need to educate the public so they would understand if it were taken to a voter referendum. She stated she believes they need to stop talking about it and figure it out.
Chairman Carey commended Mr. Lewis for keeping the cost per mile low as a result of his dedicated staff and leadership on the LYNX board.
Commissioner Henley stated in regard to flexing capital funds in order to continue the operation, those capital funds were provided by the Federal government for the purpose of buying new buses. As a result of the few years LYNX had to flex those funds into the operation, they developed an aging fleet and over 80 buses should have been retired 7 years before they actually were. He stated that flexing capital dollars will build problems down the road and that is what they are trying to avoid by getting all the funding partners back on the funding formula. The LYNX bus system is the largest bus system in the U.S. covering over 2,500 miles, which is a huge operation and the demand for more and more is there, particularly with SunRail.
Commissioner Henley explained there is another danger that the region is approaching and that is with air quality. They have been on the verge of being in a non-compliant situation on numerous occasions; and when that happens, all Federal funds to the region stop immediately. Atlanta got into a situation several years ago where they had to shut down everything. He stated they need to consider all of this when dealing with appropriate funding of transportation because without mass transit, roads become more cluttered and the air quality is affected.
Commissioner Henley expressed his appreciation to Mr. Lewis for the presentation and for a tremendous job during some very difficult situations.
Commissioner Dallari thanked Mr. Lewis for his leadership to LYNX and to Central Florida.
Commissioner Dallari stated that as noted earlier, they have been looking at dedicated funding sources for at least 20 years, but have been really focusing on it over the last 3 years. Tomorrow will be a significant step, if the MetroPlan board decides to take it, and that significant step will be whether they choose to move forward with the value study on what is important for Central Florida, not just with transportation, but growth and many other aspects. It is very important to build the foundation on what the public wants and what the attitude of the people is. That is one of the reasons why the initiative in Georgia did not pass; they did not put the foundation into place to move forward early on and the media took hold of it and ran with it. Hopefully if this does pass tomorrow, it will be the first step to a new day for transportation as well as so many other initiatives that could potentially come out of the value study. It is about where Central Florida is going and how to get there.
Chairman Carey commented that as SunRail comes online, their partnership with LYNX is a very significant piece that can make it successful.
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Chairman Carey advised that Orange Crown Companies is here to discuss air rights and a potential County contribution toward a structured parking garage at the Longwood SunRail station, and she thanked Commissioners Bundy and Maingot from the City of Longwood for being in attendance.
Ryan von Weller, Managing Member of Orange Crown Companies, distributed booklets to the Board entitled Heritage Village TOD Implementation Strategy (copy received and filed) and addressed the Board to provide an update on the SunRail TOD project in Longwood and to present a public-private partnership opportunity.
Mr. von Weller began a PowerPoint Presentation (copy received and filed) with a slide listing members of their Weston Park “Team” which includes the City of Longwood, Orange Crown Companies, ACi Architects, Wendover Housing Partners and Timbercreek Asset Management and stated that all are represented in the meeting today. He reviewed the History of Longwood TOD Project, a map of Weston Park at Longwood SunRail Station, and Public-Private Solution.
Sheryl Bower, Community Development Director for the City of Longwood, addressed the Board to review the Longwood Master Plan for the entire TOD district. She continued the Powerpoint Presentation by reviewing the City of Longwood Heritage Village Area Planning and City of Longwood Implementation Strategy Funding.
Commissioner Henley asked Ms. Bower to elaborate on Longwood’s commitment to the FlexBus system that she mentioned in the presentation. Ms. Bower stated they are going before the city commission on Monday night to ask for $120,000 to fund the operation and management of four FlexBus stations within the City of Longwood for a demonstration project. Commissioner Henley stated the study is far from being completed and there is no agreement between the funding partners or LYNX for this FlexBus system. He said the operation of that system may be well beyond what the cities are willing to pay and the technology hasn’t been verified as being able to carry it. He advised that a similar system in California was just recently eliminated due to the cost and functionality.
Chairman Carey stated they all need to be on the same page when it comes to what happens when you get off the SunRail system and how those services will be provided.
Commissioner Horan stated there are opportunities here in the future that this project provides for with regard to PPP-type participation, i.e. a young entrepreneur may want to buy a few vans or vehicles to start a business. There is a role for the public sector in all of the needs here and that is probably one of the things the study will identify.
Commissioner Dallari stated he is in favor of public-private partnerships; however, there are a lot of unknowns with regard to FlexBus and the County is not involved in it. Chairman Carey stated she thinks MetroPlan and LYNX are not involved either. Commissioner Henley advised that LYNX is only doing the study. Commissioner Dallari stated the County has already spent approximately $46 million, and if the cities want to “pony up” the FlexBus portion, he believes that is a great compromise, but doesn’t know if Longwood understands all the ramifications to it. He stated he is glad to see the first piece of the Longwood TOD Master Plan. If this Board is willing, he would like to sit down with the City to understand more of the TOD that they are planning and believes a more holistic approach should be taken to be true partners, because if the City is successful, so is the County. He stated there are a lot of questions that need to be answered. He said he would like to see the Community Redevelopment Agency (CRA), instead of the County, which is always going into the General Fund, funding a lot of this if not all of it. And if they move forward with this, he would like to see if it can be set up so that the County can be paid back from the CRA.
Chairman Carey stated that Mr. Hartmann has been very involved in this discussion, not only with the developer but with some of the staff from Longwood, as well as County staff. She stated that from her point of view, while the devil is in the details, there are a lot of things here that are already in the forefront. One is the City of Longwood recognizes that density is a key to the success of SunRail stops, and certainly, to have a developer loaded and ready to go, basically to start a project that would be online about the same time as the trains start to run, she believes is also very critical. The public-private opportunities are also going to be critical to the success of SunRail. She said they all know it will create an ad valorem tax base, but thinks it is important that if the Board agrees with this concept, then send the staffs back to work out the details about how air rights are mutually provided and if they want to consider a $300,000 investment to end up with a product. She confirmed with Mr. von Weller that if they move forward with the idea of investing $300,000 as a public-private partnership on the garage, the County would end up with a construction set of documents with all the infrastructure in them and then sometime in the future, they could build two additional floors on the parking garage. She stated the County would not have to then go out and pay for the design of a parking garage and they would probably have to spend that much just in the design alone.
Commissioner Dallari questioned whether the City would have any rights to the parking garage since he noted in the booklet that there is $300,000 contributed from them. Mr. von Weller explained that Longwood’s contribution is in the form of impact credits and they would not have rights to the garage.
Commissioner Horan stated he is on board with directing staff to move forward because he believes it is a good PPP type of project. He stated the concept is something that makes a lot of sense, and to achieve density in these areas, there needs to be structure parking. He said he has no problem directing the County staff to move forward with the implementation of this.
Chairman Carey advised that per Brett Blackadar, County Engineer, if two decks of parking were added taking 284 parking spaces off the surface, it frees up about four acres for the development community to then, not only create jobs, but interest in this particular rail stop.
Commissioner Henley stated he would like an opportunity to meet with the City of Longwood, the County Manager and County Attorney, and whoever is appropriate, before committing to $300,000. Also, there are three other stations in cities that may also want help to kick start their projects. He remarked that the County paid and did not ask the cities to contribute to the stations like Orange County did. He stated he can agree conceptually to the air rights exchange and the public-private partnership.
Chairman Carey affirmed with Mr. von Weller the two additional floors of the parking garage become County property to do with what they want, whether they build them, give them away, or sell them to another developer.
Commissioner Dallari stated conceptually it is a great project, but he needs to know more details. Also, this may not be the City of Longwood’s only request and he feels certain the other cities will have contribution requests also.
Chairman Carey stated it sounds like the Board unanimously agrees in concept to figure out a way to move this forward. Development is fluid and the project will continue to change and they will need to analyze each one of these public-private opportunities on a case-by-case basis because this can have great benefit to the County. She stated since the Board is the only one that can impose a CRA, she would like brought back to them what it would look like financially if a CRA is developed over each of the station areas and what it would do to the General Fund. She advised they have a number of CRAs in the next four years that will be up for renewal or expiration and they should probably have a work session in the first half of 2013 to conceptually discuss CRAs or other alternatives and maybe other types of funding they should be looking for.
Commissioner Dallari addressed Mr. Hartmann and stated that when looking at the CRAs, it is important to also figure out what the options are if the four areas are interlinked as one common CRA because you can get more “bang for your buck.”
Chairman Carey stated it does impact the General Fund and she would like to see that back to the Board as soon as possible, probably in the January timeframe.
Motion by Commissioner Horan, seconded by Commissioner Henley, to direct staff to explore and return to the Board with details and recommendations regarding the air rights exchange, the consideration of a $300,000 investment for a SunRail station parking garage in the City of Longwood, the development of a CRA over each of the station areas and the development of a common CRA for all four areas, and the impact that would have on the General Fund.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Carey recessed the meeting at 11:10 a.m. and reconvened it at 11:17 a.m., with all Commissioners and all other Officials who were present at the opening session.
COUNTY MANAGER’S
CONSENT AGENDA
Jim Hartmann, County Manager, advised of the following changes
under the Consent Agenda: Item #9,
Community Services Homeless Program Case Management and Financial Services to
Harvest Time International, is pulled from the agenda; Item #19A, a Special
Event Permit for Pet-A-Palooza, is an add-on; and Item #39, SS-601571-12
Modification on Sanford Scale Company, should be changed from a Proprietary
Source to a Single Source request.
Commissioner Dallari confirmed with Mr. Hartmann in regard to
Item #15, myregion.org Open-for-Business Resolution, that there is no added
cost to the County to initiate it. In
addition, he requested that Item #41 regarding three Master Services Agreements
for Professional Geotechnical Services, be pulled
for a separate vote.
Motion by Commissioner Horan seconded by Commissioner Henley, to authorize and approve the following:
County
Manager’s Office
Business
Office
7. Approve and authorize the Chairman to execute a Memorial
Grant Agreement, as shown on page ______, between Seminole County and Central
Florida Veterans Memorial Park Foundation, Inc. in order to appropriate
$150,000, broken down into two payments of $75,000, for costs associated with
construction, operation and maintenance of the Memorial being built at the
Veterans Administration Medical Complex, which is being constructed within Lake
Nona Medical City.
8. Adopt and authorize the Chairman to execute appropriate Resolution #2012-R-203, as shown on page ______, and Interlocal Agreement, as shown on page ______, granting Florida Governmental Utility Authority (FGUA) conditional approval to purchase the Chuluota and Harmony Homes Water and Sewer Utility Systems from Aqua Utilities, Inc.
Community
Services
Business
Office
9. Pulled from the agenda request to award through the Community Services Homeless Program Case Management and Financial Services to Harvest Time International, Inc. in the amount of $1,408,000.
10. Approve the Committee on Aging’s recommendation of Nancy Squillacioti to fill a vacant board position representing the Senior Initiative in accordance with the guidelines established by Administrative Code Section 4.6.
Community
Development Division
11. Approve and authorize the Chairman to execute the Adult Drug Court Service Provider Agreements for Seminole Community Mental Health Center, Inc.; Specialized Treatment, Education and Prevention, Inc. (STEPS); Human Services Associates, Inc.; Glacier Consulting; New Life Connections, Inc., as shown on page _______; and Hope and Help Center of Central Florida, Inc., as shown on page _______, with Seminole County; and the Memorandum of Understanding, as shown on page ______, between the 18th Judicial Circuit Court and Seminole County for the operation of the Adult Drug Court Expansion Program.
12. Approve and authorize the Chairman to execute the corrected Modification Number 1 to Subgrant Agreement, as shown on page ______, between the Department of Economic Opportunity and Seminole County, modifying the Work Plan and Budget Plan to include Temporary Relocation and Housing Replacement, as well as extending the grant expiration to May 25, 2013.
13. Approve and authorize the Chairman to execute the Mortgage Repayment Agreement, as shown on page ______, for Timmy L. Bryant and Octavia L. Horn Bryant.
Economic
& Community Development Services
Economic
Development Division
14. 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 Seminole State College Small Business Development Center located at the Port of Sanford.
15. Adopt and authorize the Chairman to execute the myregion.org Open-for-Business Resolution #2012-R-220, as shown on page ______, ratifying Seminole County’s support of the principles discussed therein.
Planning
& Development Division
16. Approve and authorize the Chairman to execute the final plat for Carrigan Commercial Plat for property located on the northwest corner of Alafaya Trail and Carrigan Avenue.
17. Authorize the Chairman to execute the Release of Lien, as shown on page ______, for Case No. 08-29-CEB, Tax Parcel #00-00-00-000-0000-0000, issued against Raymond John Gatz, III and IFO, Inc.
18. Approve and authorize the Chairman to execute the Service Funding Agreement, as shown on page ______, by and between Seminole County and LYNX for FY 2013.
19. Approve and authorize the Chairman to execute the HUD Sustainable Communities Regional Planning Grant, as shown on page ______, by and between Seminole County and the East Central Florida Regional Planning Council.
19A. Approve a Special Event Permit for Pet-A-Palooza to be held at 1900 Seminole Soccer Loop on December 1, 2012 (CBS Radio).
Environmental
Services
Utilities
Engineering
20. Approve the acceptance of the Utility Easement, as shown on page ______, executed by Carisbrooke HOA in support of Seminole County's CIP.
21. Approve the Acceptance of the Utility Easement, as shown on page ______, executed by John Ritenour and Valli Ritenour for the project known as The Reserve at Alaqua.
Public Works
Engineering
Division
22. Adopt appropriate Resolution #2012-R-204, as shown on page ______, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page ______, with the State of Florida Department of Transportation for the construction of an east and westbound left-turn lane at the intersection of State Road 46 and Jungle Road and an eastbound left-turn lane at the intersection of State Road 46 and Rest Haven Road.
23. Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page ______, with the City of Lake Mary for the jurisdictional transfer of a portion of Old Lake Mary Road from First Street to Wilbur Avenue.
24. Adopt appropriate Resolution #2012-R-205, as shown on page ______, and authorize the Chairman to execute a Transportation Regional Incentive Program Agreement, Supplemental Amendment Number 1, as shown on page ______, with the State of Florida Department of Transportation for the construction and inspection of the addition of a Flyover to Red Bug Lake Road, widening from six to eight lanes on State Road 436 from Wilshire Boulevard to Lake Howell Road, and resurfacing of State Road 436 (Semoran Boulevard) from West of Oxford Road to West of Wilshire Boulevard. (FDOT - Financial Management Numbers 419369-1-58-01/02 and 422707-1-58-01).
Resource
Management
Budget
and Fiscal Management Division
25. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-206, as shown on page ______, implementing Budget Amendment Request (BAR) #12-111 through the Water & Sewer Operating Fund in order to fund various City of Orlando Iron Bridge CIP projects for $207,918 using reserves.
26. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-207, as shown on page ______, implementing Budget Amendment Request (BAR) #13-013 through the Growth Management Grant Fund in the amount of $316,790 to provide funding for the U.S. Department of Housing and Urban Development (HUD) 2011 Sustainable Communities Regional Planning Grant.
27. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-208, as shown on page ______, implementing Budget Amendment Request (BAR) #13-014 through the EMS Trust Fund in the amount of $103,218 to recognize and allocate the FY 2012/13 EMS Trust Fund Award and increase funding for the EMS Simulation Lab Project (#00561998W).
28. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-209, as shown on page ______, implementing Budget Amendment Request (BAR) #13-015 in the amount of $31,937,832 through the Infrastructure Improvement/Capital Projects Fund-GF and General Fund to appropriate proceeds of $22,000,000 from the issuance of the Capital Improvement Revenue Bonds, Series 2012; establishing the Public Safety Communication System projects being funded in FY 2012/13 and reimbursing the General Fund $9,937,832 for expenditures in FY 2011/12, in accordance with Reimbursement Resolution No. 2011-R-200.
29. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-210, as shown on page ______, implementing Budget Amendment Request (BAR) #13-016 through the General Fund to increase funding for the Clerk of the Court by $39,879.
30. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-211, as shown on page ______, implementing Budget Amendment Request (BAR) #13-019 through the Adult Drug Court Fund in the amount of $83,491 in order to recognize the FY 2012/13 funding allocation of the Adult Drug Court Grant.
31. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-212, as shown on page ______, implementing Budget Amendment Request (BAR) #13-021 through the General Fund using reserves to fund the analysis and design phases of the Sanlando Park Lighting Replacement project for an estimated cost of $35,000.
32. Adopt a Financing Reimbursement Resolution #2012-R-213, as shown on page ______, allowing for the future reimbursement through financing proceeds for expenditures and costs related to the acquisition of land for development of a Sports Complex and Soldiers Creek Park capital improvements in an amount not to exceed $14 million.
Purchasing
& Contracts Division
33. Award CC-8019-12/JVP, as shown on page ______, Construction Services Agreement - CST Gee Creek Bridge Repair, in the amount of $182,775 to Sieg and Sons, Inc. of Deland; and authorize the Purchasing & Contracts Division to execute the Agreement.
34. Award CC-8105-12/DRR, as shown on page ______, Construction Services Agreement for Markham Regional Water Treatment Plant Upgrades, in the amount of $17,085,800 to Wharton-Smith, Inc. of Sanford; and authorize the Purchasing & Contracts Division to execute the Agreement.
35. Award RFP-601421-12/TLR, as shown on page ______, Property Acquisition Consultant Services Agreement, to Edwin R. Barfield, LLC, Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement.
36. Award IFB-601527-12/BJC, as shown on page ______, Term Contract for Residential Backflow Prevention Control Program to Nils Humberg Enterprises, LLC d/b/a Ace Flow Control, LLC, Longwood; and authorize the Purchasing & Contracts Division to execute the Agreement.
37. Approve Change Order #4, as shown on page ______, to CC-6600-11/JVP, Chapman Road Widening with P&S Paving, Inc. of Daytona Beach, in the amount of $99,421.96; add an additional (11) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order.
38. Approve the Assignment of Sole Source Procurement SS-601067-11/BJC to acquire Telestaff and Webstaff software upgrades, maintenance and support with Principal Decision Systems International, Irvine, CA, to Kronos Inc., Chelmsford, MA; and authorize the Purchasing & Contracts Division to issue Purchase Orders on an annual basis.
39. Approve SS-601571-12/BJC Single Source Procurement for the Maintenance and Repairs of Solid Waste Scales with Sanford Scale Company, Inc., Sanford; and authorize the Purchasing & Contracts Division to issue Purchase Orders on an as-needed basis.
40. Approve SS-601577-12/BJC Single Source Procurement for the purchase of eight Badger Meter Orion Trimble Ranger Handheld Units, with Innovative Metering Solutions, Inc., Odessa, Florida in the amount of $56,040; and authorize the Purchasing & Contracts Division to issue Purchase Order(s).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to approve ranking list and authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA), for three Master Services Agreements (MSAs) for PS-8047-12/JVP, Master Agreement for Professional Geotechnical Services, Construction Material Testing and/or Inspection (Estimated Annual Usage of $400,000), was presented.
Commissioner Dallari stated the voting for the ranking of the companies was very close and he would like the Board to approve all five of the companies, rather than just three.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve the ranking list and authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA), (5) Master Services Agreements (MSAs), as shown on page ______, with Tierra, Inc.; Professional Services Industries; Ardaman Associates; Nodarse, A Terracon Company; and Universal Engineering; for PS-8047-12/JVP, Master Agreement for Professional Geotechnical Services, Construction Material Testing and/or Inspection (Estimated Annual usage of $400,000); and authorize the Purchasing & Contracts Division to execute the agreements.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to approve and authorize the following:
Clerk’s Office
42. Approval of Expenditure Approval Lists, as shown on page ______, dated October 8 and 15, 2012; and Payroll Approval List, as shown on page ______, dated October 11, 2012; approval of BCC Official Minutes dated October 9, 2012; and noting, for information only, Clerk’s “Received and Filed”:
1.
Amendment
#4, as shown on page ______, to Work Order #1 to PS-2404-07.
2.
Amendment
#1, as shown on page ______, to Work Orders #28 and #29 to CC-2190-07.
3.
Development
Orders, as shown on page ______, for #12-0000049, Judith A. Stevenson Trustee
FBO; #12-30000051, Jeffery D. Parker; #12-30000052, Southern Pride LLC;
#12-30000055, Mark A. & Amy D. Kinder; #12-30000056, Jeffery T. & Lynne
M. Hunter; #12-30000057, Betsy D. Englert; #12-30000058, Charles Baumis;
#12-30000060, Rex A. & Shelley S. Price; and #12-30000061, Jerald &
Susan Baughman.
4.
Appeal
of Denial, as shown on page ______, for Reduction of Code Enforcement Lien,
Case #09-163-CEB, Ian R. Waxler (previous), Robert D. Shorr (current owner), as
approved by the BCC on 8/14/12.
5.
Change
Order #3, as shown on page ______, to CC-6877-11.
6.
Clerk of
the Circuit Court Amended Budget, as shown on page ______, for Fiscal Year
2011/2012.
7.
Assignment
of Conditional Utility Agreements, as shown on page ______, for water and sewer
between Condev Corp. and Orlando Tusk, LLC for project known as Condev Homes.
8.
Closeout,
as shown on page ______, to CC-7117-11.
9.
Work
Order #2, as shown on page ______, to PS-5473-10.
10.
Seminole
County Risk Management Division of Resource Management Department/Limited
Review of Johns Eastern Contract Claims Processing, as submitted by Clerk of
Court, Maryanne Morse.
11.
Notice
to Proceed, as shown on page ______, for CC-8003-12.
12.
Development
Order #12-30000079, as shown on page ______, Steven Taylor.
13.
Amendment
#1, as shown on page ______, to Work Order #90 to PS-1529-06.
14.
U.S.
Department of the Interior Geological Survey Joint Funding Agreement, as shown
on page ______, for Florida Water Science Center, Orlando.
15.
RFP-601502-12,
as shown on page ______, Madison Consulting Group, Inc.
16.
RFP-601500-12,
as shown on page ______, ACD Telecom, LLC.
17.
First
Amendment, as shown on page ______, to RFP-601008-10, Shutts & Bowen, LLP.
18.
First
Amendment, as shown on page ______, to Work Order #87 to PS-1529-06.
19.
Emergency
Solutions Grant (ESG), Community Development Block Grant (CDBG), and HOME
Investment Partnerships (HIP) Funding Agreements, as shown on page ______.
20.
Contract
for Sale and Purchase of Land, as shown on page ______, Sid Vihlen, Jr. and
Todd N. Pemberton, for Central Florida Zoo, as approved by the BCC on 8/21/12.
21.
First
Amendment, as shown on page ______, to IFB-600669-09, Utility Group of Florida,
LLC.
22.
Work
Order #17, as shown on page ______, to PS-5438-10.
23.
RFP-601340-12,
as shown on page ______, Serco, Inc., Fleet Agreement with Corrected Exhibits.
24.
Satisfaction
of Lien, as shown on page ______, 240 Power Court, LLC, as approved by the BCC
on 7/24/12.
25.
Development
Order #12-30000086, as shown on page ______, Aaron & Elizabeth Godshall.
26.
Work
Order #35, as shown on page ______, to PS-3914-08.
27.
Memorandum
from County Attorney’s Office to BCC Records re: designation of Assistant
County Attorney Ann E. Colby as authorized signatory until October 16.
28.
Notice
to Proceed, as shown on page ______, for RFP-7687-12.
29.
Work
Orders #48 and #49, as shown on page ______, to RFP-5465-10.
30.
Work
Order #34, as shown on page ______, to PS-3914-08.
31.
Development
Order #12-3270001, as shown on page ______, Administrative Variance for
Belltower Camouflage Communication Tower, Castlewood, Inc.
32.
Certification
of TRIM Compliance, as shown on page ______, for Fiscal Year 2012/2013.
33.
Closeout,
as shown on page ______, to CC-7012-11.
34.
First
Amendment, as shown on page ______, to RFP-600747-09, Science Applications
International Corp.
35.
Ninth
Amendment, as shown on page ______, to IFB-600404-08, Bound Tree Medical.
36.
Quit
Claim Deed, as shown on page ______, Maronda Homes, Inc. of Florida.
37.
Satisfaction
of Lien, as shown on page ______, Sandra Carter, Case #10-44-CEB, as approved
by the BCC on 9/25/12.
38.
Memorandum
from Tax Deed Clerk to BCC Records re: addition to Lands Available for Taxes,
Tax Deed Sale, Parcel No. 01-20-30-506-0000-2760.
39.
Memorandum
from Tax Deed Clerk to BCC Records re: addition to Lands Available for Taxes,
Tax Deed Sales, Parcel Numbers: 25-19-30-5AI-0816-0010; 25-19-30-FAI-0816-0020;
34-19-30-5AK-0A00-047A; 35-19-30-513-1200-0010; 32-19-31-513-0000-2410; and 33-19-31-507-0000-1650.
40.
Denial
Development Order #12-30000059, as shown on page ______, Ronald and Margarita
Lansing.
41.
First
Amendment, as shown on page ______, to RFP-601458-12, Cato Environmental
Services, Inc.
42.
Closeout,
as shown on page ______, to CC-6460-11.
43.
Amendment
#4, as shown on page ______, to Work Order #2 to RFP-6174-10.
44.
Amendment
#2, as shown on page ______, to Work Order #29 to CC-2190-07.
45.
Consummating
Order from Public Service Commission (PSC) re: Joint petition for Gas
Reliability Infrastructure Program (GRIP), Docket 120036-GU.
46.
Work
Order #3, as shown on page ______, to RFP-6174-10.
47.
Bids for
RFP-601500-12, RFQ-601546-12, IFB-601516-12, BID-601543-12, and 601524-12.
Sheriff’s Office
43. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-214, as shown on page ______, implementing Budget Amendment Request (BAR) #13-017, recognizing $22,509 in additional FY 2012/13 State Criminal Alien Assistance Program (SCAAP) revenues and correspondingly increasing the Sheriff’s FY 2012/13 operating budget by an equivalent amount.
44. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-215, as shown on page ______, implementing Budget Amendment Request (BAR) #13-018 re-budgeting $306,614 of prior-year unexpended grant funds to the Sheriff’s Office FY 2012/13 budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Lee Ricci, Human Resources Director, addressed the Board to present a request for approval of new rates from Symetra, the Stop-Loss self-insurance provider for Seminole County. She introduced Andria Herr from Hylant Group and stated they met earlier today with the Risk Management Executive Committee who recommended Option #4 with unanimous action and staff recommends approval.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the new rates, as shown on page _______, for Symetra, the Stop-Loss self-insurance provider for Seminole County, as recommended by the Risk Management Executive Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Liz Parkhurst, Planning & Development Division, addressed the Board to present the request for appeal of the Deputy County Manager’s denial to hear the Request for Reduction of the Code Enforcement Board Lien, from $21,100 to $500 for Case #05-93-CEB on the property located on Ford Drive in Altamonte Springs. Ms. Parkhurst reviewed the background included in the agenda memorandum. Staff recommends the Board deny the request for a reduction of the lien and requests the report be made part of the record.
Chairman Carey asserted that obviously no title search was done when they were doing the Tax Deed purchase, and confirmed the lien has been recorded since 2005.
Upon inquiry by Commissioner Henley, Ms. Parkhurst responded that Fannie Mae was not involved and it went through Tax Deed sale from the original owner.
Chairman Carey confirmed that the property was owned free and clear, except for the lien, and it was bought through the tax sale process.
Motion by Commissioner Henley, seconded by Commissioner Horan, to approve a reduction to the Code Enforcement Board lien from $21,100 to $500 for the property located at Ford Drive, Altamonte Springs, Pearle C. Dennison (previous owner), Nathaniel and Christine Watkins (current owners); and require this reduced amount be paid within 90 days, or the lien will revert to its original total amount of $21,100; and authorize the Chairman to execute the Satisfaction of Lien, as shown on page ______, upon payment in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to approve the Seminole County Capital Improvement Project Budget Proposal Resolution for 2012-2013, presented.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the Chairman to execute the Seminole County Capital Improvement Project Budget Proposal Resolution #2012-R-216 for 2012-2013, as shown on page _____.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Mr. Hartmann began with an update on the proposed sports complex. He stated that a written staff update was distributed last week outlining staff’s activities since the last work session on the various aspects of due diligence as they look at, primarily, the Safari property located off Lake Mary Boulevard.
He stated there was hope that they could get the property under contract and closed by the first of the year, and they now believe it would be very problematic, especially due to the land-use contingencies that are required in any type of contract. Staff will diligently pursue this and any other sites that the Board deems, but they do need further due diligence for this site.
Mr. Hartmann stated it would be to their benefit to perform a light manner of due diligence on the other property they are considering, the Kirchhoff property, which is adjacent to the airport and does not have a neighborhood next to it. From a staff standpoint, it may be worthy to do that evaluation and then bring back both of those to the Board at the next meeting.
Chairman Carey stated she believes due diligence needs to move forward, but because of the fact that the adjacent properties have already gone under contract, and if it is still the Board’s desire to move forward looking at property number one, a contract with all the contingencies could be put on it so it doesn’t end up under contract with another buyer. The agreement can then be terminated if necessary.
Commissioner Horan advised he read the memo prepared by the County Manager concerning this and the various impediments to moving forward on the Safari property. He also had discussions with, and the Board has received communications from, the Central Florida Hotel & Lodging Association (CFHLA) and also from the Tourism Development Council (TDC) regarding their input and some doubts concerning the number one property. He said, at this point, he would like to get concrete input from the TDC and the hoteliers since they will be spending the tourist-tax money. The TDC had a meeting last Thursday at which time they expressed that they needed to have input on this purchase, so he is not ready to go forward with any kind of a contract with any property, particularly this one that has a number of different issues with it. He said he believes there is no hurry in terms of the market as it relates to these particular properties to go under contract before the end of the year and he would be in favor of looking at a couple of different properties and ensuring they have the full input of the TDC and the hotel association.
Chairman Carey submitted two letters (copies received & filed) from the CFHLA written by Bruce Skwarlo from Orlando Marriott Lake Mary, and from Stuart Newmark, Seminole County Convention & Visitors Bureau. She stated that Mr. Newmark commented about the Crescent property site, which is the contaminated property the Board had talked about and did not want to consider, so it was taken off the board. One of the concerns, as a Board, was to ensure that the properties were in close proximity, but she stated as one Board member, she is not interested in taking their most valuable I-4 properties for economic development offline to build sports facilities, nor is there really the kind of land there that they need. They are talking about a minimum of 80 to 100 acres, if they could get it, combined to fill the future needs of this County for a sports venue. She is agreeable to having the discussion with the concerned parties. A work session should be scheduled in December for them to come in, to listen to their ideas and to discuss it.
Commissioner Henley asserted that as the Board liaison to CFHLA, he takes issue with some of the statements in the letter and that this is simply another delay. He said he respects Mr. Skwarlo and appreciates his service, but staff has spent numerous times attempting to keep the TDC board up to date.
Commissioner Henley stated the Crescent property, as the Chairman pointed out, is contaminated and it only has one road in. When looking at traffic on Rinehart Road and the potential of 400 teams coming in there, it would just add to the congestion already there. The other property off Lake Mary Boulevard is off of a four-lane, divided highway with access directly up the road to University of Central Florida (UCF) as well as Volusia County. He said he doesn’t believe the location of that site is a deterrent to place the teams coming in there in the hotels along I-4 and U.S. 17-92.
Commissioner Horan stated he is not in favor of the Crescent site and agrees with Commissioner Henley that the Safari and Kirchhoff sites, both off of Lake Mary Boulevard, provide much better access and believes that being out near the airport is a good place for the sports complex to be. However, the TDC is set up to be an advisory board to this Board and they have expressed certain reservations about this. He said he would like to know what concerns they have and what analysis they’ve done.
Chairman Carey reiterated that in this contract situation, to go through the process of getting it rezoned and do all the things to see if it is a viable site, they could spend a lot of energy and staff time moving through the process only to find out that the property is under contract to someone else. If they move forward with a “subject-to” clause, obviously they have the right to terminate. She said as they went through the work session process and ranked the properties, there were only a few sites identified that kind of meet their needs.
Commissioner Van Der Weide agreed with Chairman Carey that if it doesn’t work out, they just go on to something else, but wouldn’t be losing it to somebody else.
Chairman Carey stated with regard to the Crescent property, based on the contamination level and what it would take to clean it up, they know it would be expensive which is why the property has sat there for so long, and it isn’t as large as they would like. She said she is willing to have the work session with the TDC to bring everybody in line.
Commissioner Dallari stated Mr. Hartmann’s memo spelled out that there are a lot of unknowns on this property to move forward: environmental issues, wetland issues, zoning issues and utility easement issues. He said he believes it is important to hear the concerns of the hoteliers and they need to be inclusive and holistic to ensure they are helping them and are all true partners.
Chairman Carey stated that, obviously, closing by the end of the year is not doable. However, they have only been able to identify five locations in this County that they believe to be suitable and in close proximity to transportation and all the other things, two are already off the table and one of them was not very desirable, which is the one that they ranked last. That only leaves two pieces of property to consider unless somebody identifies something new. One property went under contract before they could even talk about it which, she stated, is her concern. She said it sounds like the Board wants to continue moving forward with the due diligence process. They will schedule the work session with the TDC either after the December 11th morning or afternoon session. The Board voiced no objections.
Bruce Skwarlo, 1538 Cherry Blossom Terrace, addressed the Board to state that he has been a Seminole County resident for 11 years and is the General Manager of the Orlando Marriott Lake Mary and the Area Manager for Pinnacle Hotel Management, with three hotels in Seminole County and three in Orange County. He is also a past TDC member and was chairman of that board. He was here in April supporting the purchase of the zoo property and he asked, at that time, whether they could rush the sports complex. Now, he stated, he is here to request they “throttle it back” to ensure the TDC and every hotelier have an opportunity to discuss the properties.
After inquiry by Chairman Carey, Mr. Skwarlo stated that the letter voiced his opinion on behalf of and as a board member of CFHLA and as a member of the Government Affairs committee.
Commissioner Van Der Weide opined regarding the bed tax money that the hotel industry seems to believe they have a veto threat on how the County uses it; however, it is not their money; it is the taxpayers’ money. He stated it is like the gasoline tax and the gasoline stations are not dictating what the County does with that tax. He said he feels whatever is best for the citizens of this County is what they need to do.
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Mr. Hartmann reported that incoming District 3 Commissioner Lee Constantine would like to attend the Florida Association of Counties (FAC) Legislative Conference being held in Sarasota from November 28 through December 1 and is requesting approval for registration, hotel and travel expenses.
Chairman Carey advised the estimated total is $950.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to approve expenses incurred by incoming
District 3 Commissioner Lee Constantine to attend the Florida Association of Counties (FAC) Legislative
Conference in Sarasota from November 28 through December 1, including hotel,
registration, per diem and mileage which will approximate to $950.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY BRIEFING
No report.
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Chairman Carey recessed the meeting at 11:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Commissioner Van Der Weide and Clerk of Circuit Court Maryanne Morse being absent) with the exception of Deputy Clerk Terri Porter, who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 4 and 5 voted AYE.
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Chairman Carey noted for the record that Commissioner Van Der Weide will not be present for the afternoon session.
PUBLIC HEARINGS
ORDINANCE/COUNTY CODE AMENDMENT/PAIN
MANAGEMENT CLINICS (Continued)
Continuation of a public hearing to consider adoption of an Ordinance enacting Chapter 186 of the Seminole County Code to establish regulations regarding Pain Management Clinics, as described in the proof of publication.
Nicole Guillet, Economic & Community Development Services, addressed the Board to state this is a continuation from the October 9, 2012 Board meeting. She advised that they have consulted with the Sheriff's Office, reviewed the public testimony and staff is presenting an ordinance without any changes from the last presentation to the Board. Staff is recommending approval.
Attorney April Kirsheman, Sheriff's Office, addressed the Board to explain why the Sheriff's Office supports the proposed ordinance as written. Ms. Kirsheman stated she believes this ordinance will assist the Sheriff's Office with law violations associated with pain management and doctors operating as pain management clinics without proper State license and described who their enforcement efforts will be directed toward. She stated registration does not equate to investigation but is merely a tool. Ms. Kirsheman explained why the State's definition of pain management clinics has been unworkable for their enforcement efforts. She stated the Sheriff's Office supports the definition in the ordinance, which is greater than 20 patients in a day as part of the definition in order to trigger registration, and explained how registration will allow them to determine whether prescriptions that have been issued are an anomaly for that particular day or month or whether they reflect a pattern of prescribing that warrants an investigation into the violations of State law.
With regard to the zoning portion, Ms. Kirsheman stated they are willing to discuss the grandfathering issue that was brought up by the doctors at the October 9 meeting. It is not on the agenda today. She advised that some of the other cities do have regulations in place.
Ms. Kirsheman stated according to the Department of Health, Prescription Drug Monitoring Program (PDMP) is funded through Fiscal Year 2013. There have been promises that it will continue to be funded after that but the funding is not definitively in place. Regarding addiction, they have exempted Suboxone, which is the prescribed drug for the addiction, in the ordinance.
Jordan Dershaw, 5365 West Atlantic Avenue, addressed the Board to state he represents National Pain Institute. Mr. Dershaw stated they do agree the epidemic that plagues the State of Florida in general is one that puts the citizens at risk. On the other hand, he does believe there has been a bit of a witch hunt for legitimate physicians and legitimate patients that need care. He indicated that this ordinance needs to be tailored to be in consideration of the other side as well, the patients and the physicians. Mr. Dershaw submitted letters (received and filed) from The Florida Society of Neurology, Inc., Florida Society of Physical Medicine and Rehabilitation, and The Florida Academy of Pain Medicine.
Mr. Dershaw stated his biggest concern is that there will be unintended, detrimental consequences and discussed those consequences. He requested that Seminole County use the State's definition to include those exempt from registering (board-certified and board-eligible anesthesiologists, physiatrists, rheumatologists, and neurologists) and allow those legitimate physicians to practice and those legitimate citizens of Seminole County to have some pain management treatment. He requested that, if this is not the route that the Board wants to go, they extend the moratorium at this point to allow the State to further readdress any problems in the upcoming session. If not that, then at a minimum grandfather in those legitimate practices currently to still treat.
Dr. Alexander Jungreis, National Pain Institute, addressed the Board to state he is a board-certified neurologist and a board-certified pain specialist practicing in Florida since 1991. Dr. Jungreis stated he has been on staff at Florida Hospital and is on staff at Orlando Medical Regional Medical. He gets referrals from spine surgeons, family practices and general practitioners. They have an office on Lake Mary Boulevard, and he believes to push him into the shadows would actually worsen the problem. He believes the current rules set down by the State are sufficient. In following those, they have already seen a decline in death from overdoses. From a patient's perspective, to go into an industrial area is not appropriate. These are patients that for the most part are elderly and disabled and do not have easy access to public transportation.
Chairman Carey advised that the Board has talked about looking back at the zoning issue again and pointed out that zoning is not a part of this ordinance. She believes, at a minimum, they could look at grandfathering in those who are already in practice in the county. They will need to take that up at a different time.
Ms. Guillet stated there is an older version of the ordinance contained in the agenda memorandum, and she displayed the corrected version of the draft ordinance (received and filed). She displayed Paragraph (a) on page 5 and stated this paragraph was clarified at the October 9 meeting. The original language talked about “on average 20 patients a day” but the Sheriff’s Office requested a change since it wasn't clear and could have been interpreted in more than one way. Ms. Guillet read the corrected language into the record: "It is a facility where a physician, or any other Person legally authorized to issue prescriptions for a Dangerous Drug, issues prescriptions for a Dangerous Drug to more than 20 patients in a single day."
Mr. Applegate advised that at the last hearing it was requested by the pain management attorney to delay the hearing until a later date. Because of that, he is going to make the effective date of the ordinance, if it is approved by the Board, upon filing the ordinance with the Secretary of State. Ms. Guillet confirmed that is additional language that they will add into the ordinance since it is not in the draft.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt Ordinance 2012-28, as shown on page ________, enacting Chapter 186 of the Seminole County Code to establish registration and operational regulations regarding Pain Management Clinics, as described in the proof of publication, and as outlined by staff and with the amended effective date.
Districts 1, 2, 4 and 5 voted AYE.
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Chairman Carey asked if it is the desire of the Board to have the zoning ordinance brought back to address the grandfathering issue.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to request staff bring back the zoning ordinance that addressed the location of the pain management clinics to allow current physicians to be grandfathered in to relocate within the County.
Districts 1, 2, 4 and 5 voted AYE.
REGULAR AGENDA
(Continued)
Ms. Guillet presented a request to adopt a Resolution amending Section 20 of the Seminole County Administrative Code to establish fees associated with the licensing of Pain Management Clinics which had been continued from the October 9, 2012 meeting. She stated they have made an estimate but they may come back to the Board if they find it costs more than their estimate. She pointed out it is a $200 application fee which is applied to the overall license fee of $500 if the license is issued. Chairman Carey confirmed with Ms. Guillet that the application fee is nonrefundable.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt appropriate Resolution #2012-R-217, as shown on page ________, amending Section 20 of the Seminole County Administrative Code to establish fees associated with the licensing of Pain Management Clinics, Seminole County.
Districts 1, 2, 4 and 5 voted AYE.
PUBLIC HEARINGS
(CONTINUED)
ORDINANCE/AMENDING LAND DEVELOPMENT CODE/
Performance Buffering System (Continued)
Continuation of a public hearing to consider an Ordinance amending Chapter 30 of the Land Development Code to establish a performance buffering system, received and filed.
Jeff Hopper, Planning & Development Division, addressed the Board to present the request. Mr. Hopper explained how the proposed ordinance would replace the existing active/passive buffer regulations with a performance-based system for calculating buffering requirements. He advised this approach to buffering measures the potential impacts of a specific project on adjoining properties, and determines an appropriate buffer to ensure compatibility between the uses. Depending on the individual site and the needs of the project, the buffer might be reduced in width in exchange for additional landscape plantings or more substantial fencing. If there is room on the site, the developer might also choose to widen the buffer and provide fewer trees and shrubs. He described the purpose of performance buffering and advised that staff recommends approval.
No one spoke in support or in opposition.
Chairman Carey stated that a lot of the references in the ordinance refer to a six-foot stockade fence. She believes current code calls for either a brick or masonry wall. They have not traditionally allowed fences in the past without Board approval. Chairman Carey stated she would prefer to see the language call for a six-foot masonry wall or brick wall unless waived by the Board of County Commissioners. She believes it is problematic long term for the Code to say that somebody can choose to put up a six-foot fence. Commissioner Dallari stated that is also his concern. He would like to remove that verbiage.
Chairman Carey stated she believes they can amend where it says stockade fence to say masonry wall. Commissioner Henley agreed.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2012-29, as shown on page _________, amending Chapter 30 of the Land Development Code to establish a performance buffering system, as described in the proof of publication, with the changes discussed by the Board. The words “six-foot stockade fence” will be replaced with the words “masonry wall.”
Under discussion, Ms. Guillet clarified that the Board’s intent is to replace the language where it references a “six-foot stockade fence” with the words “masonry wall unless waived by the Board.” She clarified that the language “unless waived by the Board” only goes with the replacement language and not everywhere where they talk about a masonry wall.
Districts 1, 2, 4 and 5 voted AYE.
ORDINANCE AMENDING
LDC/PD Zoning District
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 establish a Planned Development (PD) zoning district, received and filed.
Jeff Hopper, Planning & Development Division, presented the request and stated this is the second of two required public hearings on this amendment. Mr. Hopper advised that the proposed ordinance would replace the existing Planned Unit Development (PUD) and Planned Commercial Development (PCD) districts with a single Planned Development (PD) district. He explained that the new district would not be geared toward commercial, residential or any other particular type of use. The primary purpose of the district would be to simplify regulations and shorten the review process, mainly through the administrative approval of final master plans. The PD preliminary plans, including development orders, would still have public hearings before the Planning & Zoning Commission and Board of County Commissioners, as they do now under the current Code. Staff recommends adoption of the proposed ordinance.
No one spoke in support or in opposition.
Upon inquiry by Commissioner Dallari, Ms. Guillet confirmed that this ordinance is to aid in the process of timing to make sure an applicant can expedite their project through the system and that there is nothing in the ordinance that changes net density to gross density.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance #2012-30, as shown on page ________, amending Chapter 30 of the Land Development Code to establish a Planned Development (PD) zoning district, as described in the proof of publication.
Districts 1, 2, 4 and 5 voted AYE.
ORDINANCE AMENDING LDC/Vacate Approval Process
Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending Chapters 35 and 40 of the Land Development Code to revise regulations regarding the vacate approval process, received and filed.
Jeff Hopper, Planning & Development Division, presented the request. Mr. Hopper stated the proposed ordinance would simplify the process for vacating and abandoning subdivision plats, rights-of-way, and easements. He pointed out that Chapter 177 of the Florida Statutes sets the process a local government must follow in order to vacate a plat, while Chapter 336 sets the process for vacating public or private rights-of-way. This amendment eliminates Land Development Code provisions that duplicate or conflict with State law governing vacates, as well as any requirements that unnecessarily complicate the process. Mr. Hopper indicated that the Planning & Zoning Commission approved this item and staff is recommending approval of the request.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2012-31, as shown on page ________, amending Chapters 35 and 40 of the Land Development Code to revise regulations regarding the vacate approval process, as described in the proof of publication.
Districts 1, 2, 4 and 5 voted AYE.
ORDINANCE AMENDING COUNTY
CODE RE: TOWING
RATE
Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending Chapter 45, Part 4, of the Seminole County Code, to amend tow rates for trespass and non‑consensual tows from $112 to $125, increase storage fees of tows from $20 to $25 per day, increase administrative fee from $35 to $45, establish after‑hours release fee of not to exceed $30, and establish the definition, rules and rates for immobilization of vehicles, received and filed.
Meloney Lung, Internal Support Services, addressed the Board to state the local operators have requested an increase in trespass and non-consensual tow rates, daily storage fees, administrative fee, establishment of after-hours release fee and establishment of rules and rates for immobilization of vehicles. Ms. Lung reviewed the requested changes as outlined in the agenda memorandum. She pointed out that an increase in the Class A towing and storage charges will result in an increase in Class B, C, and D as these are derived as a multiplier of Class A. They additionally made some minor changes in order to clarify the ordinance.
Chairman Carey indicated that there is a Written Comment Form from Mike Seamon, the head of the local towing association in support. She stated she has also had ex parte communications with Longwood Commissioner Cortez, who is also very involved in the towing business, regarding this item.
No one spoke in support or in opposition.
Written Comment Form from Mike Seamon was received and filed.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt Ordinance #2012-32, as shown on page _________, amending Chapter 45, Part 4, of the Seminole County Code, to amend tow rates for trespass and non‑consensual tows from $112 to $125, increase storage fees of tows from $20 to $25 per day, increase administrative fee from $35 to $45, establish after‑hours release fee of not to exceed $30, and establish the definition, rules and rates for immobilization of vehicle, as described in the proof of publication.
Districts 1, 2, 4 and 5 voted AYE.
SPARTAN REZONE/NASRALLAH
Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance enacting a rezone from PUD (Planned Unit Development) to C-2 (Retail Commercial) for 1.03 acres located at the intersection of U.S. Hwy 17-92 and Spartan Road, Mark Nasrallah, received and filed.
Joy Williams, Planning & Development, addressed the Board to present the request. Ms. Williams stated the Board of County Commissioners approved a rezone to PUD in 2006. The applicant is now requesting a rezone to revert to the original C‑2 (Retail Commercial) zoning. The request is compatible with the surrounding trend of development. Ms. Williams indicated that the Planning and Zoning Commission recommended approval of the request. Staff recommends approval and requests that the staff report be made part of the record.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt Ordinance #2012-33, as shown on page _______, enacting a Rezone from PUD (Planned Unit Development) to C-2 (Retail Commercial) for 1.03 acres located at the intersection of U.S. Hwy 17-92 and Spartan Road, as described in the proof of publication, Mark Nasrallah.
Districts 1, 2, 4 and 5 voted AYE.
CHAIRMAN’S REPORT
Chairman Carey requested a motion to accept the resignation of Liz Green from the Planning and Zoning Commission and to send a Resolution of Appreciation on her behalf. She would also like to appoint Kathy Veon to fulfill Ms. Green’s term on the Planning and Zoning Commission.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to accept the resignation of Liz Green from the Planning and Zoning commission; to adopt appropriate Resolution #2012-R-218, as shown on page _______, of Appreciation commending Ms. Green for her service; and to appoint Kathy Veon to the Planning and Zoning Commission.
Districts 1, 2, 4 and 5 voted AYE.
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Chairman Carey reminded the Board that in 2001 the U.S. Senate passed Resolution 143 which designated the week of November 11 through 17 as National Veterans Awareness Week.
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Chairman Carey wished everyone a Happy Thanksgiving.
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Chairman Carey updated the Board regarding her attendance at the Central Florida Rail Commission meeting on November 2. Regarding questions that Commissioner Henley had previously asked, she stated there are approximately 600 jobs directly tied to the rail projects. Chairman Carey noted that there was a farewell party for Chairman Frank Bruno. Brandon Arrington was elected Chair, Teresa Jacobs was elected as Vice-Chair and Commissioner Henley was elected as Secretary/Treasurer. Chairman Carey discussed the economic impact of SunRail. She stated among the pending projects, the construction value is almost $1 billion with 4,300 estimated construction jobs and 6,800 estimated permanent jobs.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated October 3, 2012 from Gary Causey, U.S. Department of Housing and Urban Development to Chairperson Carey regarding Fiscal Year 2012 Action Plan and Grants Approvals, Seminole County, FL: Community Development Block Grant, HOME Investment Partnership Program, and Emergency Shelter Grant. C: Valmarie Turner. (Enclosed grant agreements as referenced in letter were delivered to Valmarie Turner.)
2. Letter dated October 26, 2012 from Diane Pickett Culpepper, Bright House Networks, to Commissioner Carey regarding programming information for Bright House Networks customers. C: Jim Hartmann, Matt Chesler, Michel Champagne.
3. Letter (with enclosures) dated October 25, 2012 from Larisa Perry and A.J. Adamczak of Wells Fargo to Commissioner Carey regarding a one-day Home Preservation Workshop at the Orange County Convention Center on November 14 for mortgage customers who are facing payment challenges.
4. Letter dated October 26, 2012 from Flora Maria Garcia of the United Arts of Central Florida to Chairman Brenda Carey regarding Seminole County grant of $128,174 for the 2013 fiscal year. C: Commissioners Horan, Dallari, Van Der Weide, Henley.
5. Letter (w/o check) dated October 30, 2012 from Ray Valdes, Seminole County Tax Collector, to Chairman Carey regarding remitting a sizable “unused revenue” check to the Seminole County Commission in the amount of $4,230,187. C: Commissioners Henley, Dallari, Horan, Van Der Weide; Jim Hartmann.
6. Copy of letter (w/o publication) dated October 29, 2012 from Sean M. Snaith of the University of Central Florida to Commissioner Carey regarding complimentary copy of the October 2012 U.S. Forecast published by the University of Central Florida’s Institute for Economic Competitiveness.
7. Letter dated October 25, 2012 from Senator Bill Nelson to Chairman Carey regarding Letter of Support of J.D. Thomas Cultural Center, Inc.’s efforts to continue to operate in the city-owned building. C: Celeste Brown.
8. Copy of cover letter only (w/o attachments) dated October 20, 2012 from Andy Walker of Florida Department of Business & Professional Regulation to Board of County Commissioners regarding the State warrant or electronic payment notification showing your share of the alcoholic beverage license fees collected during the period July 1 through September 30, 2012.
9. Letter dated October 29, 2012 from Christina Stallings of The Foundation for Seminole County Public Schools to Board of County Commissioners regarding their sincere appreciation for the grant of $4,548.
10. Letter (w/o attachments) dated November 6, 2012 from Blanche Sherman of LYNX to Commissioner Carey regarding LYNX Quarterly Reports as of September 30, 2012.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley thanked Chairman Carey, Commissioner Dallari, and Commissioner Horan for filling in for him with his committee assignments while he was somewhat incapacitated.
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Commissioner Dallari noted that they are doing a safety study on SR 46 between SR 415 and SR 426. He stated he would like to ensure that there is community input on that after the report has been done. He requested that staff provide a timeline.
Brett Blackadar, County Engineer, addressed the Board to state they just executed the work order for the safety study last week. It is a three-month study. At the end of the three months there will be a public information meeting. Mr. Blackadar explained why they did not schedule any small group meetings. They will wait until the end and then brief the Commissioners.
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Commissioner Horan updated the Board regarding his attendance at the Congress for Regional Leaders last week. He advised there is some very interesting survey information posted on the myregion.com website on various types of issues relating to the counties in their region. He discussed the review of the Open for Business initiative which has been completed. They signed the resolution adopting the Open for Business recommendations of that initiative today. He stated that a wonderful presentation was given by Mr. Hartmann to the Congress.
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Commissioner Horan reported that he attended a meeting of the Public School Facilities Advisory Committee on October 29 where they reviewed the various documents that had been prepared by School Board staff concerning the capacity of the various schools in Seminole County. They will be meeting again on January 17. He stated he believes the rezoning process will be initiated sometime in the latter part of November with regards to the structure for the community committees and the various schools that will be involved. With regard to his committee's review of the facilities, they will be meeting in January to probably provide recommendations in accordance with the new interlocal agreement in August and September of next year. With regard to the rezoning itself, they will be providing recommendations probably in January.
Chairman Carey stated the Public School Facilities Advisory Committee is a committee that got created recently. She noted the committee is not on their list of boards and committees that they typically serve on. While it is great for them to be involved, she is not sure that it is really their role to be on a committee that is telling the School Board what they need to do. She stated she would like to talk about that a little bit.
Commissioner Horan stated it is set out in the interlocal agreement. He pointed out that there are two groups; the Planning Technical Advisory Committee (PTAC) group, which consists of the staffs of all of the cities and the County, and then there is the group that is the Public School Facilities Advisory Committee, which is comprised of one member from the County Commission, one member from each of the cities, and one member from the School Board. Commissioner Horan gave a brief history of the PTAC and Public School Facilities Advisory Committee.
Upon inquiry by Chairman Carey, Ms. Guillet stated the PTAC had been meeting and then stopped. She pointed out the Public School Facilities Advisory Committee had never been convened. She indicated that the two things that caused them to take a look at the interlocal agreement was the school closing issue and the elimination of concurrency as a requirement through the Community Planning Act, and she then discussed the rewriting of the interlocal agreement and the roles of the two committees.
Chairman Carey stated when they do the reorganization on November 27, whoever the new chairman is will be making appointments. She noted that committee is not on the list and suggested they need to make sure that gets on the list. She advised Mr. Applegate that there is a list in his office with the history of all of the boards and committees and urged that they make sure that this committee gets added because it was not on the list of boards and committees that were in place.
Commissioner Horan stated the committee is just advisory with regards to how the decisions of the School Board affect the various committees.
Upon inquiry by Chairman Carey, Ms. Guillet indicated the interlocal agreement will come back to the Board sometime after the first of the year.
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Commissioner Horan advised that he has met with the new executive director of the Seminole County Regional Chamber of Commerce, Mr. Hubert Talavera, about the roles of Seminole County Government and Economic Development and how the Chamber plans to be more active in developing some kind of a larger relationship than it has had in recent years with the Board.
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Commissioner Horan reported that there was an additional strategy session with regard to United Arts. He believes what the Board will see in the future is a morphing of United Arts into a full service art agency that will have more of a regional focus and more of a focus and a kind of integration of arts and culture into everyday life. He discussed a meeting convened by the new executive director that he attended which provided a forum for artists and the art community to talk to the new executive director.
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Chairman Carey reminded everyone that there will be a swearing in of the three newly elected or re-elected Commissioners on November 27. There will be a reception at 8:30 and the swearing in will happen at 9:00. It will be an open house for the community as well.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:25 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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