BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DECEMBER 11, 2012
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, December 11, 2012, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Robert Dallari (District 1)
Vice Chairman John Horan (District 2)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Greg Rice, New Covenant Assembly of God, Casselberry, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2012-R-222, as shown on page ______, recognizing Joan Wilke for 56 years of service and dedication to Seminole County Government and its citizens upon her retirement from the Clerk’s Office.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt appropriate Resolution #2012-R-221, as shown on page ______, recognizing Jean Wilke for 55 years of service and dedication to Seminole County Government and its citizens upon her retirement from the Clerk’s Office.
Districts 1, 2, 3, 4 and 5 voted AYE.
The resolutions were presented to Jean and Joan Wilke who expressed their appreciation.
Motion by Commissioner Horan, seconded by Commissioner Carey, to adopt appropriate Resolution #2012-R-219, as shown on page ______, recognizing James F. Ryan for 30 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 November 30, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Ryan who expressed his appreciation.
Lee Ricci, Human Resources, addressed the Board to present a Powerpoint Presentation depicting photographs of the 2012 Employee Academy Days. She stated the Academy’s primary role is to provide interdepartmental learning opportunities for employees to achieve career growth and professional development within Seminole County. The program includes a competitive application process, participation in a minimum of 6 job-shadowing opportunities, monthly meetings with an assigned mentor, and quarterly meetings with the Academy class. They must also attend a minimum of 10 advisory board or committee meetings, complete a class workbook, and participate in a class project.
Ms. Ricci introduced the graduates and presented them with their graduation certificates. The graduates included Ona Bonsell, Jennifer Britton, David Buchheit, Melissa Clarke, Marie Desire-Homere, Kelly Deutsch, Neil Garlock, Elizabeth Gaussart, Kathy Hammel, Robert Heaviside, Jeffrey Hopper, Anthony Maldonado, David McBroom, Terrance McCue, Gabbie Milch, and Jeremy O’Conner.
Chairman Dallari thanked Jim Hartmann, County Manager, who stated he believes it is an important step, that the employees come back with much broader knowledge, and he is hoping to expand and continue the efforts in the future.
Chairman Dallari recessed the meeting of the Board of County Commissioners at 9:56 a.m. and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
David Buchheit, U.S. Highway 17-92 CRA Program Manager, addressed the Board to present a request for approval of funding for the design phase of a traffic signal conversion project. He stated the project consists of eight existing traffic signal intersections to be converted from span wire to mast arm. The design phase of the project has a cost of $123,503.58. The estimated cost of the construction phase of the project is between $2 million and $2.4 million. The Technical Advisory Committee and the Redevelopment Advisory Board recommended approval of the funding for this project, and staff is requesting approval.
Commissioner Carey noted that three of the intersections were designed in 2001, so the County had already paid for the design previously and now the cost to update them is almost $18,000. She stated the lesson is that the design of a project should not be started unless they are ready to move forward with the project.
Upon inquiry by Commissioner Henley, Mr. Buchheit stated he believes there is around $10 million in the CRA account and knows there is enough to fund this project. He also stated that he would not bring any projects forward to design unless there is also money available for the construction.
Commissioner Horan advised that this project is consistent with the Master Plan and the Budget for U.S. Highway 17-92 that was approved by the Regional Planning Agency (RPA).
Chairman Dallari stated he would like the engineers to look at the paint spec to ensure they are actually getting a 5- or a 10-year paint spec instead of an annual one.
Upon inquiry by Commissioner Carey, Mr. Buchheit stated that the intention is for the design to have a uniform look on U.S. Highway 17-92 with mast arms that all look similar which improves not only the look, but the safety in the area. Commissioner Carey confirmed with Mr. Buchheit that they are using the same design already existing in some locations.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve the Mast Arm Traffic Signal Design Project at a cost of $123,503.58, as recommended by staff, the Technical Advisory Committee and the Redevelopment Advisory Board. Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari adjourned the meeting of the U.S. Highway 17-92 CRA at 10:02 a.m. and reconvened as the Board of County Commissioners.
Thomas Moore, 3500 Aloma Avenue, addressed the Board to comment on Item #43, IFB-601528-12/Award for Commercial Backflow Prevention Control Program.
Mr. Moore stated he is the owner of Service Master Plumbing in Winter Park. He said he bid on and protested this proposed award based on the licensing requirements. He put up a protest bond, had a hearing, and was ruled against. Since that time, the Department of Professional Regulations has done an investigation and they have issued three cease-and-desist orders that affect this contract and two others. He stated he is of the opinion that the contract should not be awarded the way the procurement department has determined it should be because the proposed contractor isn’t properly licensed.
Ray Hooper, Purchasing & Contracts Manager, addressed the Board to state that this deals with the prime contractor bidding on the majority of the goods and services and anything that requires a plumber’s license in the State of Florida is subcontracting. This arrangement was specifically stated in the solicitation package where prime contractors can come and bid on this providing that their subcontractor, who actually has to pull the permit for the plumbing portion, is fully licensed; and the recommended firm is indeed that case.
Commissioner Carey clarified that any unlicensed plumber can own a plumbing company, and as long as the contractor is fully licensed as a plumber, they could qualify and pull the permit, which would qualify for this project. Mr. Hooper added that they need to disclose at the time of the bid opening that they have arrangements with a licensed plumber to do the work. Upon inquiry by Commissioner Carey, Mr. Hooper advised that they have documentation that the proposed vendor has a contract with a subcontractor who is fully licensed and staff has vetted that and checked the licenses.
Speaker Request Form was received and filed.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Hartmann, County Manager, advised that under the Consent Agenda regarding Item #21, Public Safety COPCN and Non-Exclusive Ambulance Franchise Agreement, staff recommends that the agreement be amended from 90 days to 180 days. Commissioner Carey questioned why the term would be just for 180 days and not an annual certificate.
Tad Stone, Public Safety Director, addressed the Board to explain that this is a start-up operation and they are not currently licensed by the State of Florida. In order to issue a COPCN, they must first have a license within the State of Florida, and in order for them to get the license, they must first have a COPCN from a county. Mr. Stone stated they requested to issue the COPCN on a short timeframe, allow them to get all their information to the State of Florida and become licensed, and then when they come back, they can present all the information to the County. They will come back to the Board and be put on the same timeframe as everyone else through 2014. After inquiry, he advised Commissioner Carey that the company cannot operate until they get their license which is State law.
Commissioner Horan stated the problem is with an inconsistency between State law and the County’s requirements; and the problem is really at the State level because they are requiring the local franchise before you can get a license. Obviously, the County cannot give them a local franchise and allow them to operate unless they first have a license. Therefore, staff has come up with an administrative procedure where the County issues them a temporary COPCN, but they cannot operate until they get the State license. However, sometimes it takes more than 90 days, which is why there is an increase from 90 to 180 days in this situation. Mr. Applegate, County Attorney, advised that staff assured him that under the current system, they will not be called or dispatched until they have a State license.
Mr. Hartmann continued with changes to the consent agenda stating that staff requests Item #48, Ranking List for MSA, Final Engineering & Design Services for Wymore Road, be pulled for a separate discussion and vote. Also, under Public Hearings in the afternoon, the Board will be requesting to continue Item #58, Board of Adjustment (BOA) Appeal for the relocation of a communication tower. Finally, under the County Manager’s report, he will request for approval of the draft 2013 State Legislative Priorities and Issues.
In regard to Item #48, Mr. Applegate stated that Commissioner Constantine advised him that he is under a contract, although not active, with one of the companies in the item; therefore, under Section 112.3143 of the Florida Statutes, he will need to recuse himself from that vote.
Motion by Commissioner Horan, seconded by Commissioner Carey, to authorize and approve the following:
4. Approve a Voluntary Early Retirement Incentive Program consisting of a Waiver, Application for Participation, Agreement and Release and authorize the County Manager to execute the Agreement and announcement letter.
Community Assistance Division
5. Award the Community Services Homeless Program Case Management and Financial Services to Harvest Time International, Inc. in the amount of $1,408,000; and authorize the Chairman to execute the Subrecipient Agreement, as shown on page ______.
Community Development Division
6. Approve and authorize the Chairman to execute the Seminole County Coalition for School Readiness, Inc. Subrecipient Agreement, as shown on page ______, for Program Year 2012-2013, in an amount up to but not exceeding $90,000, to provide childcare assistance to income-eligible households of Seminole County.
7. Consider the recommendations of the Affordable Housing Advisory Committee (AHAC) for adoption by March 11, 2013 as County policy to lower the cost and/or enhance the development of affordable housing for lower income households.
8. Approve and authorize the Chairman to execute the revised Community Development Block Grant Cooperation Agreements, as shown on page ______, with the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Winter Springs to continue their participation in the Community Development Block Grant Entitlement Program, the HOME Investment Partnerships Program, and the Emergency Solutions Grants Program for Program Years 2013, 2014, and 2015.
Economic & Community Development Services
Planning & Development Division
9. Adopt and authorize the Chairman to execute appropriate Resolution #2012-R-224, as shown on page ______, to vacate and abandon the drainage easement located at the southeast corner of West Lake Mary Boulevard and Greenwood Boulevard, more particularly described as 3899 Lake Mary Boulevard, Lake Mary; and authorize the Economic & Community Development Services Department to execute the acceptance of the replacement drainage easement, as shown on page ______, Woolbright Lake Mary Village Center, LLC.
10. Approve the final plat for Enclave at Aloma, containing 127 lots on a 39.4-acre parcel, located on the south side of Bear Gully Road, approximately one-fourth mile east of Howell Branch Road and approximately one-fourth mile north of SR 426, The Ryland Group, Inc.
11. Approve the final plat for Lake Mary Westin, Replat 1, containing three lots on 8.2 acres, located on the NW corner of CR 46A and International Parkway, YRG Hotel Group II, LLC.
12. Approve the minor plat for Oviedo Crossing Phase 5, containing one lot on 0.66 acres, located on the west side of Oviedo Mall Boulevard, north of Red Bug Lake Road, B-1 General Partner, LLC.
13. Approve the final plat for Reserve at Alaqua, containing 44 lots on a 50.01-acre parcel, located on the south side of Alaqua Drive, approximately 1.5 miles west of Markham Woods Road, Steel Curtain of Central Florida, LLC, Alaqua Group, LLLP, and Alaqua Property Owners Association, Inc.
14. Authorize the Chairman to execute a Satisfaction of Lien, as shown on page ______, in the amount of $1,023.29 associated with the property located at 801 Virginia Avenue, Altamonte Springs; Tax Parcel #11-21-29-503-0H00-0010; filed against Kimberly Staker.
15. Adopt and authorize the Chairman to execute appropriate Resolution #2012-R-225, as shown on page ______, to vacate and abandon the East 2.5 feet of that certain 5-foot wide, platted utility easement, being more particularly described as the West five feet of Lot 67, Hollowbrook, according to the plat thereof, as recorded in the Public Records of Seminole County, Florida in Plat Book 32, Page 86 and 87, more particularly known as 730 Rosalie Way, Catherine Wyatt.
16. Approve the Release of the original Water & Sewer Improvements Cash Maintenance Bond with Water & Sewer Improvements Maintenance and Escrow Agreement for the project known as TAMCO in the amount of $3,721, LV Thompson, Inc.
17. Approve and authorize the Chairman to execute the Seminole County and City of Lake Mary Emergency Interconnect Water Agreement, as shown on page ______.
Greenways & Natural Lands Division
18. Approve and authorize the Chairman to execute the Agreement, as shown on page ______, with the City of Sanford to fund the Memorial Park and Riverwalk Erosion Mitigation Solution Project through the Boating Improvement Program for Fiscal Year 2013.
19. Approve and authorize the Chairman to execute Certificates of Authenticity, as shown on page ______, to Brenda Carey, The City of Sanford, Ed Yarborough Nature Center, Florida Museum of Natural History, Geneva Historical Society, Greg Corless, Mike Hattaway, Museum of Seminole County History, Orange County Regional History Center, Peter J. Behr, Ralph P. Monger, Ripley Entertainment, The Sanford Museum, Seminole County School Board, The Smithsonian, Central Florida Society for Historical Preservation, Steven L. Wright, and Tony Seifred, for Legacy pieces of the Senator awarded at the Board meeting on October 9, 2012 to select institutions and individuals.
20. Approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page ______, with the Cities of Lake Mary and Winter Springs, and the Seminole County Sheriff’s Office, for Reimbursement of 9-1-1 Expenses.
21. Approve and authorize the Chairman to execute the Certificate of Public Convenience and Necessity (COPCN), as shown on page ______, and Non-Exclusive Ambulance Franchise Agreement, as shown on page ______, with Seminole County Ambulance Services, Inc., amended from 90 days to 180 days, to become effective December 11, 2012.
Emergency Management Division
22. Approve and authorize the Chairman to execute the 2011 Memorandum of Agreement, as shown on page ______, for the Urban Area Security Initiative (UASI) Grant Program.
23. Approve and authorize the Chairman to execute a Letter, as shown on page ______, related to authorizing El Pasco Energy Corporation (EPEC) Oil Liquidating Trust (EOLT) to act as the responsible party for cleanup activities on county-owned Land Parcel #15-21-29-300-016C-0000; State Road 436 and Montgomery Road.
24. Adopt appropriate Resolution #2012-R-226, as shown on page ______, and authorize the Chairman to execute Local Agency Program (LAP) Agreement, as shown on page ______, with the State of Florida Department of Transportation for the construction and inspection of sidewalks along the north sides of Bear Gully Road, Citrus Avenue and Grove Avenue in the vicinity of the Eastbrook Elementary School, (FDOT- FPN: 429597-1-58/68-01).
25. Approve a Purchase Agreement and Addenda, as shown on page ______; adopt appropriate Resolution #2012-R-227, as shown on page ______, and authorize the Chairman to execute a County Deed, as shown on page ______, with the Florida Department of Transportation (FDOT) conveying property necessary for widening of U.S. Highway 17-92 (Lake Mary Boulevard to Shepard Road), FDOT Parcel #104.1R.
26. Approve and authorize the Chairman to execute a Land Donation Agreement, as shown on page ______, with MA Repleo Holding Corp. for Parcel #16-19-30-5AC-0000-0130 located on the east side of Monroe Road (C-15), just south of U.S. Highway 17-92 and north of the railroad tracks.
27. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-228, as shown on page ______, implementing Budget Amendment Request (BAR) #13-012 through the Boating Improvement Fund to allocate $40,697 to the City of Sanford to support design and installation of an erosion mitigation solution of Memorial Park and Riverwalk under the Memorial Park and Riverwalk Erosion Mitigation Solution Project.
28. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-229, as shown on page ______, implementing Budget Amendment Request (BAR) #13-020 through the Library System Impact Fee Fund to establish a budget for the purchase of collection items/books for $100,000.
29. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-230, as shown on page ______, implementing Budget Amendment Request (BAR) #13-022 through the Sewer Connection Fee Fund utilizing reserves to refund Sewer Connection Fees to the City of Lake Mary in the amount of $30,841.
30. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-231, as shown on page ______, implementing Budget Amendment Request (BAR) #13-023 through the Water & Sewer Bonds, Series 2010 Fund, utilizing reserves in the amount of $100,000 to establish the Indian Hills Tank Rehabilitation Project (#00201504).
31. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-232, as shown on page ______, implementing Budget Amendment Request (BAR) #13-024 through the Water & Sewer Bonds, Series 2006 Fund, in the amount of $250,000 utilizing reserves for legal services associated with the Reclaimed Retrofit Phase II Project.
32. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-233, as shown on page ______, implementing Budget Amendment Request (BAR) #13-025 in the amount of $321,749 through the Adult Drug Court Fund for the FY 2012-2013 Adult Drug Treatment Court Expansion and Enhancement Grant.
33. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-234, as shown on page ______, implementing Budget Amendment Request (BAR) #13-026 in the amount of $229,609,385 through various funds to carryforward unexpended project funding from the FY 2011-2012 Budget to the FY 2012-2013 Budget.
34. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-235, as shown on page ______, implementing Budget Amendment Request (BAR) #13-027 through various funds in the amount of ($283,327) in order to carryforward remaining available grant balances from FY 2011-2012 to FY 2012-2013.
35. Approve and authorize the Chairman to accept the Grant Award, as shown on page ______, in the amount of $15,778 from the Division of Emergency Management through the FY 2012 Homeland Security Grant Program to assist with training costs related to the protection and recovery from acts of terrorism and other catastrophic events.
36. Approve and authorize the Chairman to execute the Agreement, as shown on page ______, with Safe Kids Worldwide Coalition to establish Seminole County as the Lead Agency for Safe Kids Seminole County.
37. Approve and authorize the Chairman to execute Modification #1, as shown on page ______, to the Grant Agreement with the Florida Division of Emergency Management in acceptance of $102,966 for the FY 2012-2013 Emergency Management Performance Grant.
38. Approve and authorize the Chairman to execute the Notice of Award, as shown on page ______, in acceptance of terms and conditions for the Adult Drug Treatment Court Expansion and Enhancement Grant awarded in the amount of $321,749 for FY 2012-2013, year one of a three-year term, by the Department of Health and Human Services, Substance Abuse and Mental Health Administration.
39. Approve and authorize the Chairman to execute a Subrecipient Agreement, as shown on page ______, with the 18th Judicial Circuit Court which defines the responsibilities related to the FY 2012-2013 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.
40. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page ______, with Workforce Central Florida through their Employed Worker Training Program in the amount of $37,800.
Purchasing & Contracts Division
41. Award BID-601524-12/TLR, as shown on page ______, Caulking, Joint Sealant and Pressure Wash Services at the Civil Courthouse to Empire Water Proofing, Kissimmee; and authorize the Purchasing & Contracts Division to execute the Agreement and to issue Purchase Order in the amount of $105,087.
42. Award CC-8149-12/RTB, as shown on page ______, County Club Road Raw and Finished Water Main Construction Phase II in the amount of $1,239,025 to B&B Underground Construction, Inc., Royal Palm Beach; and authorize the Purchasing & Contracts Division to execute the Agreement.
43. Award IFB-601528-12/BJC, as shown on page ______, Term Contract for Commercial Backflow Prevention Control Program to American Backflow Testing, Inc., Clermont; and authorize the Purchasing & Contracts Division to execute the Agreement and to issue Purchase Orders on an as-needed basis.
44. Award IFB-601551-12/GMG, as shown on page ______, Term Contract for Plumbing and Septic Tank Services for Residential Properties to DeSanto Plumbing, LLC, Astatula; and authorize the Purchasing & Contracts Division to execute the Agreement, and authorize issuance of Release Orders on an as-needed basis.
45. Award IFB-601552-12/GMG, as shown on page ______, Term Contract for Electrical Services for Residential Properties to Yang, Inc. d/b/a Semco Electric Company, Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement, and authorize issuance of Release Orders on an as-needed basis.
46. Award IFB-601553-12/GMG, as shown on page ______, Term Contract for HVAC Mechanical Services for Residential Properties to Ellis Mechanical Corporation, Longwood; and authorize the Purchasing & Contracts Division to execute the Agreement, and authorize issuance of Release Orders on an as-needed basis.
47. Award IFB-601566-12/GMG, as shown on page ______, Term Contract for Roofing Repair and Replacement Services for Residential Properties to Architectural Sheet Metal, Inc., Orlando; and authorize the Purchasing & Contracts Division to execute the Agreement, and authorize issuance of Release Orders on an as-needed basis.
49. 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 Master Services Agreement (MSA) for PS-8072-12/RTB, Engineering Services for Traffic Signal Retiming in Seminole County; Estimated Annual Usage of $150,000.
50. 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 Master Services Agreement (MSA) for PS-8054-12/AMM, Construction Design Services for Seminole County Fallen Heroes Memorial; Estimated Term Usage $120,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
In regard to Item #48, Final Engineering and Design Services for Wymore Road Improvements from Orange County Line to Spring Valley Road for PS-8005-12, Commissioner Carey stated she wanted to discuss the scope of services. In the scope, it reads the County will look at drainage improvements, sidewalks on both sides of the road, turn lanes, bike lanes and a variety of things. A couple of years ago, a sidewalk was added along Wymore Road on the east side and it is absolutely up against the curb; a lot of landscaping was disturbed. She stated she wants to ensure that they aren’t going to do something that will negatively impact the parking ability of all the condominiums located there.
Commissioner Carey stated Wymore Road has always been constrained and she would like the engineers to look at the same process that was used along Markham Woods Road. The original plan was to make it three lanes, and 150 trees would have been lost. Instead turn lanes were added where appropriate to move traffic and improve safety, and they gained enough money to do the same application all the way to the north end of the project.
Brett Blackadar, County Engineer, addressed the Board to state that their intent in the scope was to list the possible improvements to Wymore Road. The consultant will prepare a comparison matrix to look at the various improvements and their feasibility. He explained they plan to take the same type of approach that was taken with Markham Woods Road and they intend to try to minimize right-of-way impacts whenever possible.
Chairman Dallari advised Mr. Blackadar that after the preliminary investigation is done, he would like the Commissioners briefed individually before bringing this back to the Board.
Motion by Commissioner Carey, 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); and authorize the Purchasing & Contracts Division to execute one Master Services Agreement (MSA) for PS-8005-12/RTB, Final Engineering and Design Services for Wymore Road Improvements from Orange County Line to Spring Valley Road; Estimated Term Usage of $550,000, with the Board members being individually briefed after the preliminary investigation is completed.
Under discussion and upon inquiry by Commissioner Horan, Mr. Blackadar stated this was a four-lane project in the original sales tax and impact fee Ordinance. However, in public meetings, citizens had a lot of objections to the four-lane so they decided to look at a three-lane section instead, which is a center turn lane through the whole area. The engineers have decided that the center turn lane is not necessary and there should only be turn lanes where necessary. He stated the project has evolved into more of an operations and drainage project than a widening project.
Discussion ensued regarding the decreased cost, a 42” underground pipe that was not feasible, the need for a constructible drainage system, pedestrians and operations, and turn lanes where needed.
Upon inquiry by Chairman Dallari, Mr. Blackadar stated if the contract is approved today, they will negotiate the first work order under the Master Agreement, which will probably be the evaluation matrix, in probably two months, and then maybe six months for that first phase. After further discussion, he stated that they are not building a road for increased traffic volume, but to solve existing issues.
Commissioner Constantine reminded everyone that there will be a lot of changes made by the Florida Department of Transportation (FDOT) along that I-4 route, which in turn will change a lot of the needs they have had in the past for this particular road. Mr. Blackadar advised they will coordinate together with FDOT.
Commissioner Constantine abstained from voting and filed a Memorandum of Voting Conflict Form, as shown on page ______.
Districts 1, 2, 4 and 5 voted AYE.
COUNTY ATTORNEY’S AGENDA
Request for approval of Lease Agreement for the Central Florida Zoo and Botanical Gardens was presented. Mr. Applegate stated they closed on the additional property for the Zoo last evening and he thanked Lynn Porter-Carlton, Deputy County Attorney, and Bruce McMenemy, Chief Deputy of the Clerk’s Office, for their help in getting it done.
Mr. Applegate advised they worked with Joe Montisano, CEO of the Central Florida Zoo, to look at the long-standing lease agreement that the County has with the Zoo. He stated the main focus of the lease agreement was in updating the insurance provisions across the board. He thanked Risk Management and Mr. Montisano’s staff for the great job in doing that. He stated the updated lease agreement incorporates the additional property and that a red-lined version was distributed yesterday with some minor changes. He requested approval of the lease agreement.
Commissioner Carey stated the Zoo has made significant investments to the property and will make a significantly greater investment as the Safari Park gets developed. As a result, they are asking for a 50-year term on the initial lease, and as the Board representative, she would recommend that the lease be amended to have a 50-year term with a 30-year renewal option.
She advised that the other item the Zoo board has discussed in great length is the restriction on alcoholic beverages. The current lease allows for them to serve beer and wine when they are having special events. Right now they are looking at potential restaurant opportunities as part of the new development and they have had a lot of requests from patrons of the Zoo to allow the sale of these beverages. Most other facilities similar to this and 75% of the zoos in the country do allow for alcoholic beverage sales. The Zoo’s board would like this Board to consider striking Item #7C, which would then allow the Zoo to be able to sell beer and wine as long as they are serving food.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the Central Florida Zoo and Botanical Gardens Lease Agreement, as shown on page ______, as red-lined by the County Attorney, amending the 30-year term to a 50-year term, and striking Item #7C; and authorize the Chairman to execute the Agreement.
Under discussion and upon inquiry by Commissioner Horan, Joe Montisano, Central Florida Zoo CEO, addressed the Board to explain that when they seek funding, those investors question why the lease is not for a longer term. Upon further inquiry by Commissioner Horan, Mr. Applegate explained that Section 14 of the lease has two provisions, one is if the Zoo ceases its operation, then the property can be used by the County, and two, if they are in default of either the insurance provisions or any of the provisions of the contract, the County can declare default and terminate the agreement.
Upon inquiry by Commissioner Horan regarding the alcoholic beverage policy, Mr. Applegate confirmed it is not an overriding policy and stated they would be required to have a liquor liability policy.
Commissioner Henley added that if they eliminate Item #7C of the lease, there would be no restrictions. Commissioner Carey stated the County Attorney will need to modify the language to allow the service of alcoholic beverages as long as food is being served to accommodate her motion. Mr. Montisano stated they would still need to go through the permit process.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Applegate informed the Board that later this afternoon, he will present the Resolution adopting the easements that were related to the contract for sale and the closing of the additional Zoo property.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve and authorize the following:
52. Approval of Expenditure Approval Lists, as shown on page ______, dated October 22, 29, November 5 and 13, 2012; and Payroll Approval Lists, as shown on page ______, dated October 25 and November 8, 2012; approval of the BCC Official Minutes dated October 23, 2012; and noting, for information only, Clerk’s “Received and Filed.”
1. Work Order #22, as shown on page ______, to PS-1020-05.
2. Work Order #25, as shown on page ______, to PS-2249-07 as approved by the BCC on 7/24/12.
3. Change Order #2, as shown on page ______, to Work Order #11 to CC-5075-10.
4. Work Order #22, as shown on page ______, to PS-5124-02.
5. Memorandum to BCC and County Manager from Penny Fleming, Sheriff’s Office, regarding Sheriff’s Office FY 2011-2012 Budget Closeout.
6. Closeout, as shown on page ______, to Work Order #17 to CC-3321-08.
7. Work Order #3, as shown on page ______, to RFP-6174-10.
8. Contracts for Services, as shown on page ______, for Joseph R. Johnson, Vincent J. Bavaro, and Cliff Franke.
9. Amendment #1, as shown on page ______, to Work Order #3 to PS-5151-03.
10. Work Order #50, as shown on page ______, to RFP-5465-10.
11. Work Order #23, as shown on page ______, to PS-1020-05.
12. Amendment #3, as shown on page ______, to Work Order #91 to PS-5120-02.
13. Closeout, as shown on page ______, for CC-7163-11.
14. First Amendment, as shown on page ______, to IFB-600613-09.
15. Amendment #2, as shown on page ______, to RFP-600932-10.
16. RFP-600909-10, as shown on page ______, Contract for Utility Rate Studies for Water, Wastewater and Solid Waste Divisions, Burton & Associates, Inc.
17. Work Order #36, as shown on page ______, to PS-3914-08.
18. Change Order #1, as shown on page ______, to CC-8003-12.
19. Amendment #2, as shown on page ______, to Work Order #16 to PS-4388-09.
20. Amendment #2, as shown on page ______, to Work Order #15 to PS-2564-07.
21. Amendment #2, as shown on page ______, to Work Order #13 to PS-2564-07.
22. Amendment #2, as shown on page ______, to Work Order #16 to PS-2564-07.
23. Amendment #1, as shown on page ______, to Work Order #23 to PS-2564-07.
24. Amendment #1, as shown on page ______, to Work Order #77 to PS-1529-06.
25. Supplemental Agreement #1, as shown on page ______, to a Local Agency Program (LAP) Agreement with the State of Florida Department of Transportation (FDOT) for the construction of a sidewalk on the south side of Wilson Road from Emmett Avenue to International Parkway in the vicinity of Wilson Elementary School, as approved by the BCC on 2/14/12.
26. Change Order #4, as shown on page ______, to Work Order #4 to CC-2183-07.
27. Amendment #2, as shown on page ______, to RFP-7423-12, Miller Construction.
28. Amendment #1, as shown on page ______, to M-601275-11.
29. Letters to Eva Roach, County Commission Records, from Geraldine Harford, Tax Deed Clerk, listing Lands Available for taxes from tax deed sales on October 10 and 31, 2012.
30. Letters to certificate holders from Geraldine Harford, Tax Deed Clerk, listing Lands Available for taxes from tax deed sales on October 17 and 31, 2012.
31. Memorandum to County Commission Records from Tammy Roberts, Purchasing and Contracts Division, regarding Scrivener’s error correction for Amendment #1 to RFP-600729-09, as shown on page ______.
32. Amendment #2, as shown on page ______, to RFP-7423-12, NVision.
33. Contracts for Services, as shown on page ______, for Ronald E. Yanko and Derek Roth Newmann.
34. Memorandum to Seminole County Clerk Minutes Department from Susan Baron, Public Risk Management of Florida Board of Directors, regarding Filing of Intergovernmental Cooperative Agreement for Seminole County Port Authority.
35. Amendment #1, as shown on page ______, to Work Order #28 to PS-4388-09.
36. Work Order #2, as shown on page ______, to PS-6658-11.
37. RFP-600932-10, as shown on page ______, Contact for Disaster Debris Hauling Services, Bergeron Grubbs Emergency Services.
38. Work Order #43, as shown on page ______, to PS-4388-09.
39. Amendment #2, as shown on page ______, to Work Order #30 to PS-5190-05.
40. Work Order #6, as shown on page ______, to RFP-7423-12.
41. M-8220-12 Agreement, as shown on page ______, Professional Services Industries, Inc.
42. Work Orders #17 & #18, as shown on page ______, to RFP-2574-07.
43. Work Order #31, as shown on page ______, to PS-5190-05.
44. Work Order #7, as shown on page ______, to PS-4736-09.
45. Work Order #16, as shown on page ______, to CC-5075-10.
46. Customer Agreement, as shown on page ______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement, McDonalds – YRG Hotel Group II, LLC.
47. Work Order #5, as shown on page ______, to RFP-7423-12.
48. Work Order #25, as shown on page ______, to PS-2564-07.
49. Work Order #44, as shown on page ______, to PS-4388-09.
50. Work Order #26, as shown on page ______, to PS-2564-07.
51. Work Order #8, as shown on page ______, to RFP-5706-10.
52. Closeout, as shown on page ______, for Work Order #25 to CC-2183-07.
53. Development Orders, as shown on page ______, as follows: #12-30000084, Eric & Jennifer Hanson variance; #12-30000063, Robert & Dorthie Rogers variances; #12-30000064, Kenneth & Charity Szczepanek variance; #12-30000065, Terrell Harper variance; #12-30000066, George & Roberta Green variance; #12-30000067, Shiv Kolakeri & Chaitra Karapakala variance; #12-30000068, Trista Sanderson variance; #12-30000069, William & Susan Morrison variances; #12-30000070, Taylor Morrison of Fla., Inc. variance; #12-30000071, Susan Lucero, Trustee FBO variance; #12-30000072, Samuel Amado & Odelky Cruz variance; #12-30000073, Resilia Polifranc variance; #12-30000074, Tina & Michael Martof variance; #12-30000075, Taylor Morris of Fla., Inc. variance; #12-32000009, Church of God at Geneva Florida special exception; and #12-32000010, GRS Investment of Central Fla., Inc. special exception.
54. Mortgage Deeds, as shown on page ______, for Home Ownership Assistance Program for Dinah Blake f/k/a Dinah Graham and also f/k/a Dinah B. Wright; Alphonzy and Willie Mae Lowery; Irene Williams; Beatrice Burrs; Delores E. Jones; Mary Ann Reynolds; Carrie Blake; and Nancy Davis.
55. Amendment #4, as shown on page ______, to Work Order #88 to PS-5120-02.
56. Amendment #3, as shown on page ______, to Work Order #84 to PS-5120-02.
57. Closeout, as shown on page ______, to CC-5682-10.
58. Change Order #3, as shown on page ______, to Work Order #15 to CC-2183-07.
59. Work Orders #38 & #39, as shown on page ______, to PS-3914-08.
60. Work Order #37, as shown on page ______, to PS-3914-08.
61. Bids as follows: RFP-601526-12; RFP-601461-12; RFI-601501-12; RFQ-601545-12; IFB-601527-12; IFB-601528-12; CC-8105-12; PS-8005-12; PS-8047-12; and CC-8019-12.
Districts 1, 2, 3, 4 and 5 voted AYE.
Bill McDermott, Economic Development, addressed the Board to present a request for funding of the Jobs Growth Incentive (JGI) Award with Ecos Systems, Inc., and he introduced the Vice President of Operations with Ecos Systems.
He stated that Ecos Systems is a brand new company and their parent company is a German company. They are establishing their corporate headquarters near Oviedo. Their plan includes a capital investment of $50,000 and the creation of eight new jobs by December 31, 2014. They will produce, sell and support electronic key management and locker systems, including software applications. Staff recommends approval of funding the JGI Agreement Award of $1,000 per job for a total of $8,000.
District Commissioner Dallari recommended approval based on staff’s recommendation.
Motion by Commissioner Horan, seconded by Commissioner Carey, to approve and authorize the Chairman to execute the Jobs Growth Incentive Funding Agreement, as shown on page ______, with Ecos Systems, Inc. and the associated appropriation of $8,000 as the JGI incentive.
Under discussion, Commissioner Constantine inquired as to the consequences if the jobs are not created. Mr. McDermott responded that there are requirements that a Letter of Credit or Performance Bond be put in place and every one of the jobs must be established for a minimum of two years. Once these are satisfied, the Bond or Letter of Credit is released. If there is a default, the County has the ability to call the Letter of Credit. Chairman Dallari added that of all the programs they do, this is one of the most secure because if there is a default, they do receive the funding back and it has occurred in the past.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tina Williamson, Planning & Development, addressed the Board to present a request for a reduction of the Code Enforcement Board lien on the property located at 224 Ridgewood Street, Altamonte Springs, Bobby & Michelle Heller.
She advised that on September 22, 2011, the Code Enforcement Board issued an order finding non-compliance and imposing a lien on the subject property for the violations of accumulation of trash and debris and stagnant water within a swimming pool. The lien totals $56,750 for 227 days of non-compliance. The foreclosing bank has corrected the violations and a valid purchase contract has been submitted. As part of the request for reduction, the property owner has submitted paperwork indicating their financial hardship. Staff recommends that the Board reduce the lien to $10,250, which is the amount allotted for settlement of the lien as listed on the Purchase Contract Settlement sheet; and recommends that if payment is not made within 60 days, the lien will revert to its original amount of $56,750; and recommends that the Board authorize the Chairman to execute the Satisfaction of Lien upon payment in full.
Upon inquiry by Commissioner Carey, Ms. Williams advised the closing date is set for the end of January. Commissioner Carey suggested amending the payment term to 90 days to give them enough time to which Chairman Dallari and Commissioner Henley agreed. The remainder of the board members voiced no objections.
Commissioner Constantine stated he would like to hear from the applicant in this regard.
Gary Hiatt, Coldwell Banker, addressed the Board to state he is representing the sellers, Mr. and Mrs. Heller. He stated they went through substantial hardships with the short-sale process and explained the situation with the lien and the bank. He requests that the lien be reduced to zero dollars.
Upon inquiry by Commissioner Carey, Mr. Hiatt explained that there is an error on the Settlement Statement in the agenda memorandum and he has the corrected document (received and filed.
Chairman Dallari recessed the meeting of the Board of County Commissioners at 10:40 a.m. and reconvened at 10:47 a.m. with all Commissioners and all other Officials who were present at the Opening Session.
Mr. Applegate reviewed the corrected document during the recess and stated that the seller will receive zero dollars as a result of the transaction. It was a requirement by HUD as to how the lien was listed. Mr. Hiatt explained the reason why the incorrect and correct documents were dated the same.
Chairman Dallari stated the County will need to receive at least the administrative fee.
Discussion ensued regarding the lien amount listed on the settlement document at $10,250 instead of the full amount of $56,750. Commissioner Horan stated if there is a closing on the property, they should at least recover their administrative costs, which is consistent with the policy in the past. Commissioner Carey agreed that she will not consider reducing the lien to zero dollars when they have administrative costs and there is a commission being paid on the transaction of almost $6,000.
Discussion continued with regard to the current problems with the home and the fact that the buyer is an investor who plans to flip it, staff’s recommendation of a reduction in the lien to $10,250 and the applicant’s request for a reduction to zero.
Commissioner Constantine questioned where the figure of $10,250 originated other than it was in the closing statement prepared by the real estate agent. Commissioner Henley explained that it was the amount that accumulated after the foreclosure at a rate of $250 per day.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to approve a reduction to the Code Enforcement Board lien, from $56,750 to $10,250 for Case #11-89-CEB on the property located at 224 Ridgewood Street, Altamonte Springs, current owners Bobby & Michelle Heller, as recommended by staff; and authorize the Chairman to execute the Satisfaction of Lien, as shown on page ______, upon payment in full, unless payment is not made within 90 days, at which time the lien will revert to its original amount of $56,750.
Districts 1, 2, 3, 4 and 5 voted AYE.
Meloney Lung, Internal Support Services, addressed the Board to present the County’s Workers’ Compensation, Property/Casualty Package, Boiler and Machinery, Cyber and Internet Liability, Storage Tank Pollution Liability, and National Flood Insurance Programs for calendar year 2013, and a request to authorize staff to bind coverages effective January 1, 2013, as outlined in the agenda memorandum, and staff recommends approval.
Michael Gillon, Arthur J. Gallagher & Company, addressed the Board to state that the primary cause of the overall increase has to do with the property insurance. Staff approached over 30 property insurance carriers and the end result was a rate increase of 7.37% and a total premium increase of 11.39% because the County had roughly a 4% increase in values year over year. The other area where there was upward rate pressure was in the Workers’ Compensation Excess renewal. The recommended retention for the renewal is an increase from $200,000 self-insured retention (SIR) to $350,000. If all other coverages remain the same, the total cost impact year over year is an increase of $69,104 or 3.75%.
Mr. Gillon stated there is one optional coverage that was proposed for consideration that the County currently does not purchase and that is the addition of Privacy and Security Notification Coverage. This coverage would protect the County in the event of a data breach of sensitive, private information providing reimbursement for notification costs, related legal and forensic expenses, and public relations costs. Proposed in the agenda memorandum is a cost for that coverage not to exceed $25,000. Further detail in response to questions had been distributed to the Commissioners yesterday.
Discussion ensued regarding the cost differences for SIR and the optional security coverage including the risk of a breach and the requirements per the State Statute, the potential premium options, and credit monitoring. Mr. Gillon stated it would also cover the forensic costs to investigate the source of the breach, legal expenses and other public relations measures in order to mitigate the damage associated with a public release of information.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve the County’s Workers’ Compensation Program with the current $200,000 SIR amended to $350,000 SIR, as recommended by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated he would like to bring back the optional security coverage issue to the Board in order to get more information.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve the County’s current Cyber and Internet Liability Insurance, Property/Casualty Package, Boiler and Machinery, and Storage Tank Pollution Liability Insurance Programs, along with the Workers’ Compensation Insurance Program, with the exception of the optional Privacy and Security Notification Insurance to be brought back to the Board for further deliberation, for calendar year 2013; and authorize staff to bind coverages effective January 1, 2013.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2011-2012.
The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2012-2013.
Mr. Hartmann stated he had provided the Commissioners with a draft of the 2013 State Legislative Priorities and Issues and would like approval to transmit the document to the County’s State lobbyists to present at the Legislative Delegation meeting, which will be held in these same Chambers on December 20 at 9:00 a.m. Commissioner Carey requested they delay voting on the legislative priorities document until the afternoon session, which is after the District Commissioners’ reports, since she will be reporting on some of the items that came out of the Florida Association of Counties (FAC) Legislative Priorities.
Commissioner Constantine suggested cutting down the document by two-thirds or three-fourths and to really concentrate on the things that are important because, he stated, the legislature does not read them and they don’t listen to it, but they will listen to specific things about the specific county that they represent. He said many of the items are too broad and believes it is important to strategically focus on the things for this particular County.
Commissioner Carey advised that the recommendation at FAC was to get your list down to three main points and work hard on those three issues; so even though six or seven came out of committee, they only adopted three as their main priority.
Commissioner Carey addressed the County Manager stating that in January, he is going to bring before the Board a policy allowing the use of credit cards and she knows he has been working with the Clerk’s Office to finalize that. She said she wondered if in that policy, they could put in some consideration for the use of third-party collections, especially with the Centennial coming up. She said she believes they may have the software in place and just don’t have the component turned on that would allow for making a reservation of a tennis court for example and paying for it online. She added it might just be nice to wrap that whole collection process up into one policy.
Mr. Hartmann stated they can certainly explore that option.
COUNTY ATTORNEY’S BRIEFING
Mr. Applegate presented a Resolution concerning the easements related to the sale on the purchase of the zoo property and requested approval of said Resolution. Copies of the Resolution and easements were received and filed.
Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2012-R-236, as shown on page ______, accepting the access, drainage and utility easement, sign easement and sewer lift station easement, as shown on page ______, conveyed to Seminole County by Sid Vihlen, Jr. and Todd N. Pemberton, in connection with the sale and purchase of the land for expansion of the Central Florida Zoo and Botanical Gardens; and authorize the Chairman to execute the acceptance of those easements and the drainage and retention pond easement to be conveyed to Sid Vihlen, Jr. and Todd N. Pemberton.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari announced that the Board has a work session immediately following the meeting to discuss the Sports Complex.
Chairman Dallari recessed the meeting at 11:19 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and 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 Carey, seconded by Commissioner Horan, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOARD OF ADJUSTMENT APPEAL/
Salvatore Nunziata, continued
Continuation of a public hearing to consider an Appeal of the Board of Adjustment’s decision to approve the request for a Special Exception to relocate an existing communication tower in the C‑2 (Retail Commercial) district for property located on the southeast corner of the intersection of Markham Woods Road and Commerce Park Drive, as described in the proof of publication, Salvatore Nunziata.
Tina Williamson, Planning & Development Division manager, addressed the Board to advise that staff is requesting that the item be continued until the April 23, 2013 meeting. She stated at this point there has been no resolution between FDOT and the applicant regarding an alternative tower site.
No one spoke in support or in opposition of the continuation.
Motion by Commissioner Horan, seconded by Commissioner Carey, to continue to April 23, 2013 at 1:30 p.m., or as soon thereafter as possible, the Appeal of the Board of Adjustment’s decision to approve the request for a Special Exception to relocate an existing communication tower in the C‑2 (Retail Commercial) district for property located on the southeast corner of the intersection of Markham Woods Road and Commerce Park Drive, as described in the proof of publication, Salvatore Nunziata.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOARD OF ADJUSTMENT APPEAL, Henry Woitscheck
Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to approve the request for: (1) a rear yard setback variance from ten feet to seven feet; and (2) a side yard (south) setback variance from ten feet to two feet, for a covered pavilion in the A‑1 (Agriculture) district, for property located on the east side of Markham Woods Road, approximately 1,300 feet south of E.E. Williamson Road, and particularly known as 765 Markham Woods Road, Henry Woitscheck, received and filed.
Denny Gibbs, Planning and Development Division, addressed the Board to present the request, stating this is a rehearing. She explained that a contractor hired by the Applicant constructed several accessory structures on the subject property without benefit of a building permit. When a Notice of Violation was issued for the unpermitted construction activity, the applicant contacted the Building Division and, at that time, learned the structures would require variance approval. Ms. Gibbs stated that the appeal concerns the approval of setback variances for one of the accessory structures, the covered pavilion.
Ms. Gibbs summarized that the Board of Adjustment (BOA) approved the variance, the adjacent property owner appealed the decision, and on September 11, the Board of County Commissioners overturned the BOA’s approval. On September 25, citing the discovery of new evidence, which was not presented at the September 11 BCC meeting, the Board rescinded its action, overturning the BOA approval, and directed staff to schedule a rehearing on the appeal.
Attorney Rick Thomas, Lowndes Drosdick Doster Kantor & Reed, addressed the Board to state he believes the applicants meet the requirements for the variance. Mr. Thomas displayed a map (received and filed) and described where the pavilion is located on the property. He explained that in 2005 the pavilion was constructed as part of an overall reconstruction of the property and that the vast majority of the improvements were properly permitted. He stated that from 2005 until 2012 there was not a single complaint made by any neighbor and no code violation was issued for the structure.
Mr. Thomas pointed out that in completing the improvements, the Maliks did everything that a reasonable homeowner would do. They hired a contractor and relied on his professionalism to complete the structure in a proper fashion. He stated that after the code violation, the Maliks sought to get a building permit for the property and investigated as to whether the contractor that performed the services was still in business, which he was not.
Mr. Thomas stated that after the May 21 BOA hearing where the neighbor to the south expressed concerns about the structure, the Maliks tried unsuccessfully to contact the neighbor. At the June 25 continued BOA hearing, the neighbor that expressed the concerns failed to appear and voice any objection notwithstanding his previous objection to the granting of the variance. The Board of Adjustment granted the variance based on the record and the neighbor to the south filed a timely appeal.
Mr. Thomas explained that at the Board of County Commissioners’ hearing of the appeal on September 11, it wasn't discussed that the nature of these improvements, of the pavilion in particular, was that it wasn't constructed by itself but was constructed as part of an overall construction project, the majority of which was properly constructed with the proper permit issued and with inspections taking place of the property after construction. The hardship in this instance was not self inflicted but was created by the wrongful conduct of the contractor and what followed was a seven-year period in which the contractor went out of business.
Mr. Thomas stated he believes that given these special circumstances, they meet the requirements of a variance. If the variance is not granted in this instance, removal would be required and relocation of the structure would cost an estimated $50,000 or above. Mr. Thomas displayed photographs of the pavilion (received and filed) and stated the pavilion does not pose a threat to the public or the community nor pose any health or safety risk.
Commissioner Henley asked Mr. Thomas if he believes that because it took seven years to get a violation that that makes it okay. Mr. Thomas responded that in this instance it creates a special circumstance because if the code violation was either brought to light by a complaint of a neighbor immediately or by a code violation immediately thereafter (within a year or a few months after the completion of the construction), then the Maliks would have had an opportunity to seek damages against the contractor for wrongful conduct. In this instance the special circumstance arises because of the delay in the code violation or any complaint by a neighbor. The special circumstance is created by the fact that there has been a delay of seven years in which the contractor has gone out of business.
Commissioner Henley stated as far as any recourse against the contractor, he can understand; but, he stated, it still does not make it right. Nowhere in their code does it say they have to cite a violation within a specific period of time in order for it to be valid. Mr. Thomas stated he agrees with Commissioner Henley but would like to note for the record that the delay creates the special circumstance in this situation that is required to issue a variance.
Commissioner Henley stated his concern regarding these types of issues is they are continuing to get them, where someone goes ahead and builds and then comes in and says I didn't know this or I didn't know that so you should forgive me. He stated he would like the Board to consider adopting a policy that deals with a penalty rather than just saying forget it. That is why they continue to happen because there is no penalty involved.
Upon inquiry by Commissioner Carey regarding a penalty for someone who constructs something without a building permit and comes in after the fact to get the permit, Ms. Gibbs stated she believes the permit fees are doubled.
Henry Woitscheck, Appellant, addressed the Board to state he is a recently retired teacher from the state of New York. He has held the property for a long period of time under some hardship and he and his father have paid taxes since 1973. He plans to retire down here on that property because it is a nice piece of property that has many trees and he has tried to maintain the property. Mr. Woitscheck stated the buildings that Mr. and Mrs. Malik built were built without permits. Because of the development in the Markham Woods area, some of the older houses will be torn down and new ones put up. He believes it could be dangerous to set a precedent that someone can construct without permits.
Mr. Woitscheck described the pavilion and stated on his side, the pavilion is very close to the fence area; and at this point, it is putting pressure on the fence and the fence is coming down on the other side. He believes the Board should uphold the appeal that he made regarding the entertainment pavilion that intrudes on his side of the property based on the fact that permits were not granted.
Upon inquiry by Commissioner Carey regarding the fence in the photograph, Mr. Woitscheck stated it was the Maliks' fence. Regarding whether or not the fence is coming down, Mr. Woitscheck stated that it will come down and is leaning at this point.
Commissioner Constantine advised that this is neighbor-to-neighbor and asked Mr. Woitscheck if there is something that would appease him. Mr. Woitscheck stated he realizes it is a large building and it would be a hardship on his neighbors to move the building. He stated he would talk in terms of doing screening shrubbery to cover up the areas.
Commissioner Constantine asked Mr. Thomas if his clients have discussed the fact of having some sort of shrubbery protection or cover-up or anything of that nature. Mr. Thomas stated it was not something that they specifically discussed. He displayed a photograph depicting Mr. Woitscheck’s property and stated that there are numerous trees and shrubs already between his improvements and the structure. He stated he would have to discuss with Mr. and Mrs. Malik whether they would want to place anything in that area and is not sure if there is sufficient room on their side of the property line or whether it would need to be placed on Mr. Woitscheck's property.
Commissioner Constantine noted that the building was built without a permit so whoever's mistake it was, it still was a violation. He described the Board's options. He stated that clearly a protection of shrubbery or foliage coverage would be a whole lot less expensive than tearing down the pavilion and moving it. Commissioner Constantine asked Mr. Thomas if that seemed like a reasonable agreement to him. Mr. Thomas stated it was reasonable and he believes his clients have expressed a willingness to do that but they would still need a variance in order to get the building permit to have it properly permitted and avoid future code violations.
Commissioner Constantine asked the County Attorney, Mr. Applegate, if they allow the variance to be approved, is there some mechanism where they can require that there be some shrubbery. Mr. Applegate responded that there was not. Chairman Dallari clarified that the issue on the table is the variance.
Discussion ensued with regard to conditions being imposed on a variance.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Chairman Dallari stated the reason he wanted to bring this item back was because he was unaware at the time of the first decision that the permits were pulled for several of those buildings and this was the one that wasn't pulled. He stated he was informed after the meeting that the property owner was not aware that this permit was not pulled. It was at no fault of the property owner and the property owner did not do it intentionally. Unfortunately, the property owner cannot go back to the builder because the builder is no longer in existence. He explained that information wasn't presented at the time of the hearing and that is why he wanted it to come back.
Commissioner Carey explained for Commissioner Constantine that the appeal was granted on a three-to-two vote with Chairman Dallari, who was on the winning side, requesting that the item come back before the Board.
District Commissioner Constantine explained why he has sympathy for the property owners and the property owner who is next door. He stated he sees a reasonable solution and would move to approve the variance but he would request that the owners work with their neighbor and put in some foliage coverage.
Mr. Applegate clarified the Board's authority is to either grant or deny a variance. He stated for the purposes of this hearing, which is to consider the appeal based on criteria in the ordinance, there is a limitation because of the unique circumstance. Commissioner Constantine clarified that he is not making his request for the property owners to work with their neighbor a part of the motion.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to uphold the Board of Adjustment’s decision, thereby approving (1) a rear yard setback variance from ten feet to seven feet; and (2) a side yard (south) setback variance from ten feet to two feet, for a covered pavilion in the A-1 (Agriculture) district, for property located on the east side of Markham Woods Road, approximately 1,300 feet south of E.E. Williamson Road, and particularly known as 765 Markham Woods Road, as described in the proof of publication, Henry Woitscheck; Decision on Appeal, as shown on page _______.
Under discussion, Commissioner Horan explained why he believes the conditions for a variance exist and why he is in favor of granting the variance. He noted that the BOA voted unanimously to grant the variance.
Districts 1, 2, 3, 4 and 5 voted AYE.
BEAR LAKE ROAD SMALL SCALE LAND USE
AMENDMENT AND REZONE/P. Brian Dalrymple
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to (1) adopt the Ordinance amending the Seminole County Comprehensive Plan by enacting a Small Scale Future Land Use Amendment from LDR (Low Density Residential) to PD (Planned Development); (2) adopt the associated Ordinance enacting a Rezone of the subject property from A‑1 (Agriculture) to PD (Planned Development); and (3) approve the associated PD Development Order, for 9.57 acres, located on the west side of Bear Lake Road approximately 160 feet south of Jessica Drive, P. Brian Dalrymple, received and filed.
Brian Walker, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Mr. Walker stated the applicant proposes to develop the subject property as a single-family residential subdivision with 35 lots and a maximum density of 6.82 dwelling units per net buildable acre. Mr. Walker pointed out that the Planning & Zoning Commission recommended approval and advised that staff is recommending approval of the item.
Charlie Madden, Madden Moorhead & Glunt, addressed the Board to state he is representing the applicant and introduced David Burns, who is the local MI Homes division president. Mr. Madden distributed a presentation (received and filed). He reviewed the first map in the presentation and discussed the agricultural runoff that is going into the existing cow pond. He described a September 18, 2012 community meeting that he had with residents from Bear Lake Woods.
Mr. Madden reviewed the second map in his presentation and explained the proposed cluster plan for the homes. He then displayed the color rendering of the plan. He reviewed the last slide and discussed the comparisons between Bear Lake Woods and the Bear Lake Road property. Mr. Madden offered to answer any questions that the Board may have for him.
Herbert Strauss, 9223 Longfellow Place, addressed the Board to state that he is one of the residents that is closest to the property and went to the September 18 meeting. Mr. Strauss stated that all of his questions were answered and he is in favor of the project.
Dale McDonald, 9247 Longfellow Place, addressed the Board to state he is the chairman of the Planning and Zoning Commission in Maitland. Mr. McDonald explained that he is present today because his girlfriend lives in the northwest corner and will have a view of the hopefully well-redesigned cow pond. He believes the project is an upgrade.
Heath McLaughlin, 5972 Jessica Drive, addressed the Board to state that he does not have a problem with the project. Mr. McLaughlin stated he lives in the neighborhood across from the site and thought his neighborhood was medium density. Mr. Walker stated that Mr. McLaughlin's neighborhood is low density. Mr. McLaughlin stated that he requested a lot split across the street with the idea of some property development as well and was told it has to be R-1A. When he learned that MI Homes was going to get a pass on redeveloping, he thought that was strange. He is for the project and gives MI Homes credit that they do appear to be improving the site. He explained that he was not given the option to make changes or get variances and therefore is a bit confused and would like to better understand what variances are allowed.
Commissioner Carey explained that there is a big difference between a single lot split and a planned development. She stated it is much more difficult to get a single lot split than it is with multiple acres where you can come in and do a planned development and design. She requested that staff meet with Mr. McLaughlin and speak with him about this.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to (1) adopt Ordinance #2012-34, as shown on page _______, amending the Seminole County Comprehensive Plan by enacting a Small Scale Future Land Use Amendment from LDR (Low Density Residential) to PD (Planned Development); (2) adopt Ordinance #2012-35, as shown on page _______, to Rezone the subject property from A‑1 (Agriculture) to PD (Planned Development); and (3) approve the associated PD Development Order, as shown on page _______, for 9.57 acres, located on the west side of Bear Lake Road approximately 160 feet south of Jessica Drive, as described in the proof of publication, P. Brian Dalrymple.
Districts 1, 2, 3, 4 and 5 voted AYE.
MCNEIL ROAD REZONE/Tirlochan Chehal and David Ambrose
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to adopt the Ordinance to Rezone from A-1 (Agriculture) to R-1AAA (Single-Family Dwelling) for 0.90 acres located on the north side of McNeil Road, approximately 0.66 of a mile east of Bear Lake Road, Tirlochan Chehal and David Ambrose, received and filed.
Brian Walker, Planning and Development Division, presented the request based on the Agenda Memorandum. Mr. Walker stated that because of the subject property's proximity to property that is zoned A-1 with a future land use designation of Low Density Residential, application of the Lot Compatibility Ordinance is required. The Planning & Development Manager has undertaken the analysis required by the Lot Size Compatibility Ordinance and has determined that this rezoning would qualify for the buffer exemption. He described how the subject property is in an area of transition from agriculture to residential. Mr. Walker pointed out that Planning and Zoning Commission accepted the Planning & Development Manager's recommended determination that a buffer is not required and recommended approval. Staff recommends approval.
It was determined that the applicant was present but did not wish to make a presentation.
No one spoke in support or in opposition.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to accept the Planning & Development Manager's recommended finding that the subject property qualifies for the buffer exemption as established in Section 30.1380.3(h)(4) of the LDCSC and adopt Ordinance #2012-36, as shown on page _______, to Rezone from A-1 (Agriculture) to R-1AAA (Single-Family Dwelling) for 0.90 acres located on the north side of McNeil Road, approximately 0.66 of a mile east of Bear Lake Road, as described in the proof of publication, Tirlochan Chehal and David Ambrose.
Districts 1, 2, 3, 4 and 5 voted AYE.
CAPITAL IMPROVEMENTS ORDINANCE/Seminole County
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to adopt the Ordinance approving the 2012 Capital Improvements Project Schedule Annual Update, received and filed.
Jeff Hopper, Planning and Development Division, addressed the Board to present the request. Mr. Hopper stated the Capital Improvements Element (CIE) of the Seminole County Comprehensive Plan is a requirement of the State’s Statutes that enables the County to implement the Plan's goals, objectives, and policies. The item before the Board is the Capital Improvements Project Schedule annual update for 2012 and all of the information in the document has been previously considered by the Board and matches the newly adopted fiscal year budget and the adopted Five-Year Capital Improvements program. Mr. Hopper advised that staff is recommending approval.
No one spoke in support or in opposition.
Upon inquiry by Commissioner Horan, Mr. Hopper stated the Department of Community Affairs no longer exists and is in a different form, the Department of Economic Opportunity. Discussion ensued with regard to whom at the State reviews the report. Chairman Dallari stated there is a requirement by the State to file the report and the County has to follow the State regulations.
Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt Ordinance #2012-37, as shown on page _______, approving the update to the Capital Improvements Project Schedule of the Capital Improvements Element of the Seminole County Comprehensive Plan, as described in the proof of publication, Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari thanked the Daughters of the American Revolution (DAR) and Commissioner Carey, who is a member. He stated they are very involved with the Centennial celebration and doing a lot of research. Commissioner Carey pointed out that the person coordinating the Centennial event is also a member of the DAR.
Chairman Dallari noted if the holiday for Christmas falls on Wednesday, staff only gets that day off. If it falls on a Monday, Tuesday, Thursday or Friday, they get two days off. He would like it to be consistent and requested that the County Manager research the matter and bring it back to the Board. Discussion ensued with regard to the days off given to staff for Christmas. Upon inquiry by Commissioner Carey, Deputy County Manager Joe Forte stated that if Christmas falls on Monday, Wednesday or Friday, staff gets a single day off. If Christmas falls on Tuesday or Thursday, staff gets either the Monday before or the Friday after. He stated that has been the policy in the HR Administrative Code since 1989.
Commissioner Carey stated she knows they are in the middle of cleaning up the code and suggested that might be something they ought to clean up because most governments are open on Christmas Eve and closed on Christmas Day and certainly most private industry is open on Christmas Eve.
Chairman Dallari stated he would like the County Manager to research the matter and bring it back to the Board.
Copies of memos to the BCC relating to the 2012/2013 Holiday schedule and the Administrative Code relating to the Holiday policy were received and filed.
Chairman Dallari noted that the County received three Gold Level certificates for supporting and inspiring employees to stay fit and they were presented during the Get Active Orlando at Florida Hospital presentation. He congratulated staff.
A copy of an e-mail relating to the certificates was received and filed.
Chairman Dallari advised of his recommendations for Board appointments and reappointments for citizens.
Motion by Commissioner Carey, seconded by Commissioner Horan, to appoint Keith Weissman as the Sheriff’s Representative to the Animal Control Board for a one-year term ending January 1, 2014, Resolution #2012-R-237, as shown on page _______; to appoint Michael A. Sasso to the Law Library for a three-year term ending January 1, 2016, Resolution 2012-R-238, as shown on page _______; to adopt appropriate Resolution #2012-R-239, as shown on page _______, commending Russell McLathchey for his service on the Law Library; to reappoint David Apfelbaum and Marie Jose Francois to Local Health Planning for a two-year term ending January 1, 2015, Resolution #2012-R-240, as shown on page _______; to reappoint Keylor Chan to the MetroPlan Citizens Advisory Committee for a four-year term ending January 1, 2017, Resolution #2012-R-241, as shown on page _______; and to reappoint Michelle Ertel to the Value Adjustment Board for a one-year term ending August 31, 2013, Resolution 2012-R-242, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated November 7, 2012 from D. Ray Eubanks of Florida Department of Economic Opportunity to Chairman Carey regarding Seminole County’s Plan Amendment No. 12-2ESR, adopted by Ordinance No. 2012-24 on October 23, 2012. (C: External Agencies)
2. Letter dated November 5, 2012 from Annie Laurie Gaylor of Freedom from Religion Foundation to Chairman Carey regarding Invocations prior to Seminole County Board Meetings.
3. Letter dated October 31, 2012 from Larisa Perry of Wells Fargo to Commissioner Carey regarding Wells Fargo Community Support and United Way Campaign.
4. Cover letter only from Sean Snaith of University of Central Florida to Commissioner Carey regarding October 2012 Florida & Metro Forecast published by the University of Central Florida’s Institute for Economic Competitiveness.
5. Cover letter only dated November 19, 2012 from Frankie Callen Elliott of Orlando Regional Realtor Association to Commissioner Brenda Carey regarding the winter 2013 On Common Ground magazine (copy for Commissioner Carey).
6. Copy of cover letter only dated November 19, 2012 from John Ford of Florida E911 Board to Board of County Commissioners regarding the 2012 Annual Legislative Report which includes a report on the E911 fee and the costs of E911 services in Florida. (C: E911 Board, County 911 Coordinator)
7. Letter dated November 26, 2012 from Diane Pickett Culpepper of Bright House Networks to Commissioner Carey regarding information on programming – Switched Digital Video. (C: Jim Hartmann, Matt Chesler, Michel Champagne)
8. Cover letter only dated November 24, 2012 from Andre Diaz to Commissioners regarding West Seminole Baseball non-profit organization leasing from the Forest City Community Association and the upcoming increase in costs, etc.
9. Mailing, undated, from Anthony Roberts of The Florida Resources and Environmental Analysis Center regarding the Florida Public Lands Inventory for 2012-2013/updated our agency’s public land ownership data.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey updated the Board on the Florida Association of Counties (FAC) Legislative conference that she attended. During the discussion at the General Assembly, FAC tried to limit their focus to three primary issues. Commissioner Carey advised that FAC's top three priorities for the coming year are Medicaid, the Department of Juvenile Justice, and the Communication Services Tax. She discussed Medicaid and stated that for Seminole County, Medicaid is still going to be an issue. She suggested that they have Medicaid as one of the County's priorities.
Commissioner Carey indicated the County has taken Juvenile Justice back into its own control. The Sheriff is operating that at a savings of about $1.2 million a year and it is certainly a much better run facility. Regarding the Communications Service Tax, Commissioner Carey pointed out that the State capped that tax several years ago at the rate the County is currently at, which is 5.1. The bigger issue is that every city and every county has a different rate. By the State capping the rate, they have limited the County's ability to capture some of the issues that they need to be addressing like digital phone service, prepaid phone cards, and prepaid phone service that are all currently not being charged the tax. Commissioner Carey explained how FAC is supporting amending and/or revising the current law. While it is hard to undo something once they do it in Tallahassee, she believes it is at least worthy of having it on their radar screen, though not as one of their priorities necessarily. She suggested the Board hone their list with Medicaid being one of the items and put the other two on monitoring status as far as what is going on with FAC.
Commissioner Carey mentioned that there were 98 new commissioners elected across the state in the 67 counties and 60 of them were in attendance at the conference. She discussed the new commissioner orientation and certification process. At the conference, it was stated that the county attorneys would receive one of the new 2012 County Commissioner handbooks. She suggested they look at the updated handbook to see if there is any good new information for them. She noted there are 15 new Senators and 44 new House members with Don Gates as the Senate President and Will Weatherford as House Speaker.
Commissioner Carey noted that Florida's 500th anniversary is in 2013. Since Seminole County's 100th anniversary is coming up next year as well, she believes it might be nice to reach out to the State and offer them the ability to have a booth at Seminole County's 100-year celebration so they can share their information about the 500th anniversary of the State of Florida. She suggested the State be invited to be a part of Seminole County's 100th anniversary celebration.
Motion by Commissioner Carey, seconded by Commissioner Horan, to appoint Taylor Pancake to Workforce Central Florida Board of Directors, Resolution #2012-R-243, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Horan, to reappoint Imogene Yarborough and Bob Braun to the Agricultural Advisory Committee for two-year terms beginning January 1, 2013, Resolution #2012-R-244, as shown on page _______; to reappoint Gayle Hair to the Animal Control Board for a one-year term beginning January 1, 2013, Resolution #2012-R-237; to reappoint Grace Chewning to the Library Advisory Board for a two-year term beginning January 1, 2013, Resolution #2012-R-245, as shown on page _______; to reappoint Dana McBroom to the Seminole County Port Authority for a four-year term beginning January 1, 2013, Resolution #2012-R-246, as shown on page _______; and to reappoint Mark Wesson and Nancy Irish to the Contractor Examiners Board for a two-year term beginning January 1, 2013, Resolution #2012-R-247, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey noted that she spoke at the annual Markham Woods Homeowners Association meeting. She introduced the new incoming president of the Association, Bob Turnage, and the outgoing president, John Higgens. One of their goals is to become more engaged and make sure they are keeping up with what is going on with County government and things that may impact the corridor.
Commissioner Carey announced a public information meeting regarding the upgrades to the Markham Woods Water Treatment Plant on December 13 at 5:30 p.m. to 7:30 p.m. at the Markham Woods Middle School cafeteria. The new treatment processes for ozone and ionic exchange and the new construction contract that has been awarded will be discussed.
Commissioner Carey wished everyone a Merry Christmas.
Chairman Dallari commended Ray Hooper, Purchase and Contracts Manager, and Andy Neff, Director of Environmental Services, regarding the Markham Woods water treatment plant schedule (copy received and filed).
Chairman Dallari advised of his recommendations for committee appointments.
Motion by Commissioner Carey, seconded by Commissioner Horan, to reappoint Doug Register and Tom Minter to the Agriculture Advisory Committee for two-year terms ending January 1, 2015, Resolution #2012-R-244; to reappoint Deborah Garrambone to the Animal Control Board for a one-year term ending January 1, 2013, Resolution #2012-R-237; to adopt appropriate Resolution #2012-R-248, as shown on page _______, commending Jennifer Finch for her service on the Animal Control Board; to appoint Bruce McMenemy (alternate position) and reappoint Tom O’Daniel to the Board of Adjustment for four-year terms ending January 1, 2017, Resolution #2012-R-249, as shown on page _______; to appoint Bill Miller (Building Contractor) and Deana Schott to the Contractor Examiners’ Board for one-year terms ending January 1, 2014, Resolution #2012-R-247; to adopt appropriate Resolution #2012-R-250, as shown on page _______, commending Steve Young for his service on the Contractor Examiners’ Board; and to reappoint Thomas Kuhn to the Port Authority for a four-year term ending January 1, 2017, Resolution #2012-R-246.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari extended his appreciation to the residents and employees of Seminole County and wished everyone a Merry Christmas.
Commissioner Horan indicated that he attended the FAC conference along with Commissioners Carey and Constantine. He believes Commissioner Constantine's experience in the Legislature will help them immensely in trying to decipher what may be going on in Tallahassee concerning what is being done with local government and he looks forward to working with him.
Commissioner Horan indicated that he will be attending a meeting of the Central Florida Delegation on December 13 in Daytona Beach. He will also be representing Central Florida Partnership, which is rolling out some of their initiatives to the legislators at that particular meeting.
Commissioner Horan stated that on December 14 he will be part of a four-member panel in Osceola County for the official “Open for Business” rollout.
Motion by Commissioner Horan, seconded by Commissioner Carey, to reappoint Byran Wilson to the Animal Control Board for a one-year term ending in 2013, Resolution #2012-R-237.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Horan wished everyone a Merry Christmas and Happy New Year.
Commissioner Constantine stated that he is looking forward to serving the people of Seminole County. He wished everyone a Happy Holiday season.
Commissioner Constantine noted that the report for FAC was well represented by Commissioners Carey and Horan so he won't go any further into that. He did enjoy meeting old friends and colleagues.
Commissioner Constantine reminded everyone about the School Board's rezoning meetings that are occurring.
Commissioner Constantine discussed the Hattaway Drive Sidewalk Project community meeting that he attended earlier this week.
Commissioner Constantine pointed out that he and Commissioner Carey were in the Sanford Holiday Parade last week. He congratulated Sanford on a great event.
Commissioner Constantine stated he plans on attending the Central Florida Legislative Delegation in Daytona on December 13 and the one that will be here at the County eventually.
Commissioner Constantine discussed a meeting he had with staff regarding their new homeless project. He is excited to see not only staff but the private-public partnership that the Commission has embraced. He stated he believes strongly that they need to take major forward steps regarding that and he looks forward to making an emphasis on taking care of the children. That is the most important part of this whole project, to find ways to protect those most vulnerable.
Chairman Dallari stated the homeless program just noted by Commissioner Constantine has been ongoing for several years and not just something that occurred over the past several months, nor something that occurred just after the 60 Minutes program. Seminole County was working on this issue well before that.
Commissioner Henley indicated why he will not be at the Legislative session. He wished the Commissioners a Merry Christmas and a Happy New Year.
COUNTY MANAGER AND STAFF BRIEFINGS
Jim Hartmann, County Manager, stated he believes it has been a great year and is looking forward to next year. He pointed out that one of the biggest things he wants to get done is the Administrative Regulations along with a list of things in order to create a high-powered organization. He thanked staff for taking on new challenges this past year and fixing up some of the older challenges that they had.
Mr. Hartmann stated he will be attending the Central Florida Partnership's Legislative Delegation meeting in Daytona and will be sitting on a panel to represent counties about the "Open for Business" resolution and rollout that will be happening on Friday which he will attend as well.
Mr. Hartmann asked the Board to take up the Legislative Priorities so the County will have something to transmit.
Chairman Dallari stated he believes it is important that they focus on two or three items, a small list of items. He believes the issue regarding health care and Medicaid is important and should be the County's number one priority.
Commissioner Carey stated that in looking at the list (copy received and filed) distributed by County Attorney Bryant Applegate, she believes one of the things they need to get resolved is the Seminole County Expressway Authority or a regional authority. Chairman Dallari stated he would like to see if they can do the regional authority. He stated he believes they should focus on Medicaid and the Expressway Authority. Commissioner Horan advised two items would be fine and believes those are two primary objectives. Discussion ensued with regard to Medicaid and an Expressway Authority.
Commissioner Carey stated a third item could either be asking the State to clarify the simulated gambling device or pain clinics. They really need the State to step up and help solve these issues. Chairman Dallari stated he would be more inclined to focus on the simulated gambling devices issue. Commissioner Carey reminded everyone that is something in their County Charter, which they have to uphold. Commissioner Horan explained the danger in the Legislature revisiting the pain clinic situation.
Commissioner Carey suggested they make the third item simulated gambling devices.
Mr. Applegate stated the Senate has apparently decided not to take any action on Internet gambling or any of gambling issues for two years with the committee that they are forming.
Commissioner Carey advised if that is the case, then simulated gambling devices should not be a priority for them.
Mr. Applegate indicated he would report back to the Board in either January or February on a new focus his office is taking on the issue.
Chairman Dallari suggested they focus on those two issues. He stated he believes their lobbyist, Bobby Brantley, needs to be aware of the items that staff has presented.
Mr. Hartmann stated staff will come back to the Board while the legislation is in session and update the Commissioners. He believes this list for staff is really important to make sure they know they have a responsibility to monitor all of these items; and when there are changes, they should be reported back to the Commissioners. Commissioner Horan stated the object of setting priorities is not to say the others aren't important. They are all important.
Mr. Hartmann requested the Board rank the top two priorities. Medicaid was ranked number one.
Upon inquiry by Commissioner Horan, Commissioner Constantine explained that when it comes to the Expressway Authority, the County was left out and clearly that is something they need to get back to. He stated he agrees with the choice of the two priorities and believes as things move along, they will all be interested in some other issues as they come up.
Commissioner Carey explained why the Communication Service Tax could be one of their priorities. Commissioner Horan stated he would not have a problem in putting that third if they want to have a third.
Chairman Dallari clarified that there is consensus for the three priorities. No objections were voiced.
COUNTY ATTORNEY’S REPORT
Bryant Applegate, County Attorney, explained that his office has had two successful victories in court. He congratulated Melissa Clarke, Assistant County Attorney, who defended the Board's decision in a Board of Adjustment appeal at the Circuit Court level and Kathy Furey-Tran, Assistant County Attorney, who successfully prosecuted the County's Animal Control ordinance.
Mr. Applegate advised that Olga Sanchez de Fuentes, Assistant County Attorney, will be monitoring all of the legislative activity. He stated that every lawyer in his office has been assigned a committee and will participate in the conference calls and will provide weekly reports when the session starts to heat up.
ITEMS FOR FUTURE AGENDA
Lewis R. Cottrill, 1726 Fox Glen Court, addressed the Board to state he is an activist for the school children and goes to the School Board meetings working on behalf of the children. Mr. Cottrill stated he is a citizen who tries to do what he can do to pay back all of the good things that have happened to him in his lifetime. He discussed the tax increase that passed so the school system will still be outstanding. Mr. Cottrill challenged the Commissioners to come up with more innovative ideas to bring good, great businesses into the County. He stated he will do what he can do to be an ambassador for getting some good things coming to Seminole County and suggested the Board work with the schools and some of the students in the schools because they have some great ideas.
Chairman Dallari stated he appreciates Mr. Cottrill's enthusiasm. He stated that staff is working with several school children’s programs to involve them with the Centennial celebration throughout the year. Regarding job growth, Chairman Dallari pointed out that the Economic Development staff is working on a project that could potentially be coming to Seminole County called Project Amoeba.
Commissioner Horan advised that they actually participate with the schools also with regard to the rezoning process. He stated he serves on the Public School Facility Advisory Board and the board has been meeting every two months. They will meet again on January 17 concerning additional data with regard to enrollments and the kind of data that is being accumulated through the rezoning process.
Speaker Request Form from Lewis Cottrill was received and filed.
John Casselberry, 700 South Lost Lake Lane, addressed the Board to discuss a pain management hearing that he attended. Mr. Casselberry stated he knows somebody that died after getting addicted to sleeping pills and explained what happened. He noted that during the pain management discussion, they talked about a computer system that they are using to track medications. He believes it would be a good idea if the computer can track the rate of consumption of the medication by the patient and that the pharmacist may be the first line of defense. He recommended that staff talk with the software people and get a rate of consumption program put into that software.
Speaker Request Form from John Casselberry was received and filed.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:15 p.m., this same date.