BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 8, 2011
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, February 8, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District 3)
Clerk of Circuit Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Jane Spencer
Pastor Bill Lewis, New Bethel M.B. Church, Sanford, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
Chantal Wedderburn, President and CEO of Champion Controls, addressed the Board to discuss Item #4 under the Consent Agenda, Award Consultant Services Agreement, RFP-6174-10/DRR, to DCR Engineering Services. Ms. Wedderburn advised that a letter from her company had been sent to the County concerning the HMI contract. She explained that Champion Controls currently has a contract with Seminole County to provide similar services and included in her contract is programming services for the SCADA system. She stated that she is here to show the taxpayer that money could be saved if the contract work under this contract was given to her company. She compared her company's prices to those contained in the Item #4 contract.
Upon inquiry by Chairman Carey, Ms. Wedderburn stated that she did not submit anything nor compete for this contract since her company has already incurred tens of thousands of dollars in administrative costs and costs for ramping up their resources for the current contract. The contract was supposed to be $427,000 a year over three years plus renewables. To put any more administrative costs into another bid preparation and request for proposal was just above and beyond. She thought she would appeal to the Purchasing Manager and then to the Board to find out why her company couldn't do the services.
Chairman Carey advised that when the Board gets to the Consent Agenda portion, the Purchasing Director will address Ms. Wedderburn's letter.
Upon inquiry by Commissioner Horan, Ms. Wedderburn described the terms of her existing contract. Ms. Wedderburn added that while they are still under contract, since the fiscal year ended in September her company has only received one purchase order for approximately $3,000. In the 15 months that they have had the contract, they have invoiced less than $120,000. She stated that her company is supposed to be calibrating the instruments at the water treatment plants and wastewater treatment plants and hasn’t done that since September. Discussion ensued concerning the existing contract.
Chairman Carey advised that under the Chairman's prerogative she would allow Richard Creedon to speak on Item #20, Amendment to the Land Development Code to permit manufactured homes and agriculture-related signage in the East Rural Area, which is a public hearing scheduled this afternoon, since he can't present in the afternoon.
Richard Creedon, 1172 Apache Drive, addressed the Board to state that he is the president of the Geneva Citizen's Association and co-chairman of the Eastern Seminole County Rural Lands Coalition. Mr. Creedon stated that he applauds the Board's efforts to improve the viability and vitality of the rural area by allowing limited off-premise signage advertising the County's agriculture produce.
Speaker Request Form and Written Comment Form were received and filed from Mr. Creedon.
COUNTY MANAGER’S CONSENT AGENDA
Joe Forte, Acting County Manager, addressed the Board to advise that under the Consent Agenda, Item #6, Certificate of Public Convenience and Necessity for Great Lakes Electronics, the certificate of liability insurance that was originally in the document was dated to expire on February 1, 2011. A new document was distributed yesterday with an expiration date of February 1, 2012.
Mr. Forte stated he had distributed a Resolution (received and filed) renaming Beardall. He explained that the Board, at their January 25, 2011 meeting, took action renaming Beardall to North and South and this is a Resolution just formalizing that action. He asked that the Board include it with their consent motion.
Mr. Forte stated that under the Regular Agenda, Item #17, Request to Schedule and Advertise a Public Hearing to Amend Chapter 40 of the Seminole County Code of Ordinances, the document requested to advertise a public hearing with a date certain. He would like to remove the date certain and just have the Board authorize the advertisement. He advised that staff will determine the date of the advertisement when the document is ready.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize and approve the following:
County Manager’s Office
1. Approve mileage reimbursement to Commissioner Carlton Henley for miscellaneous travel from July, 2010 through December, 2010.
2. Confirmation of the appointment of Meloney Lung as Central Services Director effective February 13, 2011.
Purchasing & Contracts Division
3. Approve Change Order #4, as shown on page _______, to CC-4259-09/DRR - Reclaimed Retrofit Ph. II-Alaqua Lakes with Cathcart Contracting Co. of Winter Springs, Florida, in the amount of $83,447.00; and authorize the Purchasing & Contracts Division to execute the Change Order.
5. Approve appointment of David Apfelbaum for a two-year term and re-appointment of Marie-Jose Francois, M.D., for an additional two-year term to the Board of Directors of the Local Health Council of East Central Florida, Inc.
Solid Waste Management
6. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for Great Lakes Electronics/Almet, Inc.
7. Approval to submit an application to the Florida Department of Environmental Protection requesting $200,000 in grant funds through their Land and Water Conservation Program; and authorize the Acting County Manager to execute any documents as may be required for the application.
8. Approve and authorize the Chairman to execute appropriate Resolution 2011-R-25, as shown on page _______, implementing Budget Amendment Request (BAR) #11-14 through various Grant Funds in the amount of $3,057,949 to adjust funding for the various Grant Funds.
Planning & Development Division
9. Adopt appropriate Resolution 2011-R-26, as shown on page _______, to vacate and abandon the platted 10-foot wide utility easement being more particularly described as the East 10 feet of Lot 32, North Cove, according to the plat thereof, as recorded in Plat Book 25, Pages 3 and 4, of the Public Records of Seminole County, Florida, and further described as 1526 Grace Lake Circle, Longwood, Florida; in Section 25, Township 20S, Range 29E. (Qaiser Sagher and Salima Siddique.)
Parks & Recreation Division
10. Approve and authorize the Chairman to sign the new Facility Use Agreement, as shown on page _______, with HD FitPro, LLC.
11. Adopt appropriate Resolution 2011-R-27, as shown on page _______, and authorize the Chairman to execute a County Deed, as shown on page _______, conveying property to the State of Florida Department of Transportation (FDOT Parcel Number 522.1R) in conjunction with the Commuter Rail (SunRail) Transit Project.
12. Adopt appropriate Resolution 2011-R-28, as shown on page _______, and authorize the Chairman to execute a County Deed, as shown on page _______, conveying property (FDOT Parcel Number 100.1R) to the Florida Department of Transportation in conjunction with improvements to State Road 46.
12A. Confirm the adoption of Resolution #2011-R-18, as shown on page ______, renaming Beardall Avenue to Beardall North and Beardall South.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ray Hooper, Purchasing Manager, addressed the Board to discuss Item #4, Award Consultant Services Agreement, RFP-6174-10/DRR, to DCR Engineering Services. Mr. Hooper advised the current contract that Champion has with the County is a Term Master Agreement where there is no encumbrance on the Master Agreement. He explained that in the agenda item that went forward in the summer of 2009 to have the Champion contract approved by the Board, there was an estimated annual amount of $427,000. That money is spent as work comes up under this Master Agreement. A release order is issued and that release order is fully funded with this scope.
Mr. Hooper advised the contract states the County makes no covenant or promise as to the number of available purchase orders or that the contract will perform any purchase orders for the County during the life of the agreement. There was never a promise or conveyance for any type of work under the current master agreement.
Mr. Hooper explained that Item #4 was funded and approved as a capital project for FY 2010/2011. As a capital project, it would be inappropriate to hide this work and this capital project under a scope that wasn't properly advertised in the summer of 2009. Therefore, Purchasing went out with a solicitation package in the fall of 2010 to advertise Item #4 in accordance with all the rules and regulations of the County.
Mr. Hooper discussed the questions submitted by the vendor during the solicitation process, one of which was the fact that they had a current contract and felt that this particular solicitation should be put under their current contract. He stated that he did appropriately address that through an addendum. The other question dealt with VAR, and whether or not the vendor could meet the requirement from the Department that they must be a Value Added Reseller (VAR) which primarily is approved by Motorola. He further stated they did not submit a proposal; therefore, they have no merits as far as any issue with Item #4.
Upon inquiry by Commissioner Horan, Mr. Hooper stated that Champion was the primary vendor. He explained that there was a secondary vendor and described the process when the secondary vendor is used. He stated that no work has been given to the secondary vendor. The renewal, termination and performance processes were discussed.
Upon inquiry by Chairman Carey, Mr. Hooper advised that Champion’s contract is not being terminated. This is for a different scope of work.
Motion by Commissioner Henley, second by Commissioner Van Der Weide, to award RFP-6174-10/DRR - HMI Standardization for Seminole County Water and Wastewater Facilities, as shown on page _______, to DCR Engineering Services, Inc. of Mulberry, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement. (Estimated Usage of $750,000.00 over the term of the MSA.)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize and approve the following:
13. Expenditure Approval Lists, as shown on page _______, dated January 10 and 18, 2011; approval of Payroll Approval List, as shown on page _______, dated January 6, 2011; approval of BCC Official Minutes dated January 11, 2011.
14. Approval by the Board of County Commissioners to expend $5,000 from the Law Enforcement Trust Fund to provide funding in support of Meals on Wheels.
15. Approve and authorize the Chairman to execute appropriate Resolution 2011-R-29, as shown on page _______, implementing Budget Amendment Request (BAR) #11-33 recognizing ($98,000) additional FY 2010-11 Florida Division of Emergency Management - State Homeland Security Grant revenues and correspondingly increasing the Sheriff’s FY 2010-11 operating budget by an equivalent amount.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received and filed” as follows:
1. Head Tennis Pro Agreement, as shown on page _______, with Danny Keating.
2. Work Order #20, as shown on page _______, to PS-4388-09.
3. Work Order #18, as shown on page _______, to PS-3914-08.
4. Amendment #1, as shown on page _______, to Work Order #2 for PS-2468-07.
5. Work Order #28, as shown on page _______, to CC-2184-07.
6. Cash Maintenance Bond, as shown on page _______, with Escrow Agreement for the project known as Primrose School in the amount of $677.61.
7. Work Order #78, as shown on page _______, to PS-1529-06.
8. Work Order #59, as shown on page _______, to RFP-4277-09.
9. Five-Year Fund Forecast, as shown on page _______, for Fiscal Years 2010/11 through 2014/15 and Adopted Budget, as shown on page _______, for Fiscal Year 2010/11.
10. Recorded Home Ownership Assistance Program Mortgage Deeds, as shown on page _______, for Minnie Mae Alexander and Mary Lou Hampton.
11. Work Order #11, as shown on page _______, to PS-3261-08.
12. Amendment #1, as shown on page _______, to Work Order #8 for RFP-3261-08.
13. Satisfactions of Connection Fees, as shown on page _______, for the projects known as Aloma Square Lot 6 – HHMH2; Americare School of Nursing – CMS EDU Fern Park, LP; Bojangles – SunTrust Bank; Fischer Commercial Building – Paul Joseph and Carrie Louise Fischer Revocable Living Trust; and Howell Branch Cove – Howell Branch Cove, Ltd.
14. Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for Evergreen-Orange & Sylvan, LLC – Primrose School.
15. Letter of acceptance, as shown on page _______, of the water system and Bill of Sale, as shown on page _______, for the project known as Primrose School.
16. Change Order #8, as shown on page _______, to CC-4813-09.
17. Change Order #2, as shown on page _______, to Work Order #53 for CC-1284-06.
18. Closeout of Work Order #45, as shown on page _______, to CC-1075-06.
19. Change Order #25, as shown on page _______, to RFP-0613-06.
20. Recorded Denial Development Order, as shown on page _______, for 1460 Ronald Reagan Blvd., Sun State Trees & Prop., as approved by the Board of Adjustment on Dec. 6, 2010.
21. Work Orders #60 and #61, as shown on page _______, to RFP-4277-09.
22. Amendment #5, as shown on page _______, to Work Order #56 for PS-1529-06.
23. Amendment #1, as shown on page _______, to Work Order #1 for PS-4736-09.
24. Parks Contract for Services, as shown on page _______, with John C. Thaens, Kevin Longshore and Brad Lewis.
25. Second Amendment, as shown on page _______, to the Seminole County Health Department Renovation Service Agreement, Phase II Construction, as executed by the Purchasing and Contracts Manager on Jan. 12, 2011.
26. Letter to Maryanne Morse, Clerk of Courts, from Chairman Brenda Carey advising of the appointments of Commissioners Dick Van Der Weide and Bob Dallari to serve on the Value Adjustment Board for 2011.
27. Change Order #1, as shown on page _______, to CC-4534-09.
28. Amendment #2, as shown on page _______, to Work Order #50 for RFP-4277-09.
29. Memorandum from Judith Hearn, Asst. Executive Director, Secretary, PRM Board of Directors, to Seminole County Clerk of Court, Minutes Department, filing a copy of the Intergovernmental Cooperative Agreement and Affidavit with the cities of Lake Mary, Longwood and Oviedo for providing insurance through Public Risk Management of Florida.
30. Amendment #1, as shown on page _______, to Work Order #58 for RFP-4277-09.
31. Amendment #2, as shown on page _______, to Work Order #49 for RFP-4277-09.
32. Change Order #1, as shown on page _______, to Work Order #26 for CC-2184-07.
33. Bids for RFP-601035-10.
Tina Williamson, Planning and Development Manager, addressed the Board to present a request to reduce a Code Enforcement Board Lien which totals $3,750.00 for Case #09-136-CEB on the property located at 301 Tangerine Drive, Sanford, previously owned by Christine N. Wolfe and currently owned by Deutsche Bank National Trust/One West Bank (Jack Bailey, Better Way Realty, applicant). Ms. Williamson gave the Board a history of this case. She explained that while the prior lien was extinguished due to foreclosure, the lien began to accrue again at $150 per day until the property was brought into compliance. Ms. Williamson stated that staff recommends the Board deny the lien reduction since Deutsche Bank National Trust did receive all of the notices for the case.
Upon inquiry by Chairman Carey, Ms. Williamson confirmed that the first time Pamela Taylor, Code Enforcement Officer, received a telephone call advising that the property was in compliance was on August 25. Chairman Carey advised that she is in support of staff's recommendation to deny the request.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to deny a reduction to the Code Enforcement Board lien, which totals $3,750.00, for Case #09-136-CEB on the property located at 301 Tangerine Drive, Sanford, Christine N. Wolfe (previous owner), Deutsche Bank National Trust/One West Bank (current owner); and authorize the Chairman to execute the Release of Lien upon payment in full.
Nicole Guillet, Director of Growth Management, addressed the Board to request the scheduling and advertising of a Public Hearing to amend Chapter 40 of the Seminole County Code of Ordinances to address administrative matters related to the Florida Building Code (Chapter 1).
Ms. Guillet explained that the substantive part of this proposed amendment would permit the Building Official to reinstate an expired permit and order compliance with the code that was in effect at the time the permit was issued and waive any changes in the code provided no life/safety issues are created. She explained the need for this amendment and advised that this amendment would give the latitude, if it doesn't create any safety issues, to apply the code that was in effect at the time that the permit was originally issued. After sharing the proposed revision with the DAB and some other members of the building community, thus far only positive feedback has been received.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the request to schedule and advertise a Public Hearing to amend Chapter 40 of the Seminole County Code of Ordinances addressing administrative matters related to the Florida Building Code.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Chairman recessed the meeting at 9:55 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Henley, seconded by Commissioner Dallari, 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.
ORDINANCE AMENDING CHAPTER 220/Purchasing Code
Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending Chapter 220, “Purchasing Code” of the Seminole County Code, received and filed.
Ray Hooper, Purchasing Manager, discussed the proposed changes to Section 220.16 of the Purchasing Code stating that the proposes changes will require a memo to be approved by the County Manager submitted via the Purchasing Contracts Division rather than a copy to the Division. This memo must address the corrective actions to prevent unauthorized purchases in the future. Mr. Hooper advised that this item was advertised in the Orlando Sentinel on January 13 and the economic impact of this proposed change is none. Staff is recommending approval of the proposed changes.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt Ordinance #2011-4, as shown on page ________, amending Chapter 220, “Purchasing Code” of the Seminole County Code, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDMENT TO THE LAND DEVELOPMENT CODE
Proof of publication, as shown on page ________, calling for a public hearing to consider the proposed amendments to the Land Development Code to address public schools and provisions from SB 360 within the County’s Concurrency Management regulations, received and filed.
Jeff Hopper, Planning and Development, addressed the Board to present a request for an amendment to the LDC to establish a uniform school concurrency process. Mr. Hopper reviewed the recent changes in the State law and the purpose of concurrency. He stated Florida Statutes require a uniform school concurrency system based on a Public School Facilities Element adopted as part of the Comprehensive Plan. Seminole County created this Element and adopted it on January 22, 2008. The County, along with the Municipalities and the School Board, developed an Interlocal Agreement for school concurrency as required by Florida Statutes which was approved on January 22, 2008.
Mr. Hopper stated because these requirements are already in effect and operate as part of the development review process, today’s proposed amendment simply codifies these requirements and procedures within the Land Development Code. In addition, this amendment also revises other concurrency management provisions in response to Senate Bill 360 enacted by the Legislature in 2009 by including a definition for a “Dense Urban Land Area” and the inclusion of requirements for “Transportation Concurrency Exception Areas.” Staff recommends approval of the amendments.
Upon inquiry by Chairman Carey, a discussion ensued regarding striking the language on Page 10, Item (c) that requires providing an annual status report to the Board. Chairman Carey stated she would like to see that language remain.
Bob McMillan, County Attorney, addressed the Board to explain that a few years ago the Code was amended since it was replete with annual reports. When his office checked, 98% of them were not being done; therefore, the Code was amended to say they were not mandatory, but informational instead. He stated this may just be a continuing follow-up to try and take those things out of the code that they fear won't happen, which doesn't mean they can't be provided as informational items. He stated he doesn’t want people coming in and challenging something because the County forgot to file the annual report.
Commissioner Dallari stated that he believes the report should be optional, not mandatory.
Upon inquiry by Commissioner Dallari, Ms. Guillet stated that this report deals with County-specific concurrency management issues. The report is prepared every year and just hasn't been presented on a regular basis. She stated it is tracked monthly. Since an annual report is prepared every year, getting that information to the Board won't be a problem.
Chairman Carey discussed the reasons she would like to see information on overall concurrency availability in the County. Ms. Guillet stated that the information can be provided at any time.
Chairman Carey asked that the Growth Management Director be modified with the Program Manager.
Chairman Carey referred to Item (d)(2) on page 17, which refers to the vested number of students, and stated that there is no definition in the document about what that is.
Michael Rigby, Seminole County Public Schools, addressed the Board to discuss Item (d)(2). Mr. Rigby stated that this is an accounting issue. When a School Capacity Availability Letter of Determination (SCALD) is issued to a project that is receiving a final subdivision plan or final plat, they take that letter and go through a process. They are issued the number of students that would be generated by that, and those students become vested with that development. They are now counted as students who would be taking up stations in the future. When that development comes to fruition and gets a Certificate of Occupancy, those students are essentially double counted because, theoretically, they actually live there. That is the accounting purpose where it takes away those students from that vested number, and they are now essentially counted in actual enrollment. Vested students for the purpose of the definition are the students that attach to that SCALD.
Chairman Carey pointed out that there is no definition of what a vested student is in this document so a person who doesn't deal with this everyday would know what that means, and she suggested adding it.
Commissioner Henley stated that when this became an issue just a few years ago, the School Board was asked to provide information regarding the number of students that had already been approved there so the Board would have that information and could know whether there was capacity or not dealing with the current requests that they were getting.
Chairman Carey asked if there was any objection to adding a vested student definition. No objections were voiced.
Chairman Carey requested clarification concerning conflicting information contained in two of the sections on page 20, under (f)(3), School Concurrency Approval, and the second (f), Reserve Capacity.
Mr. Rigby explained that regarding the time frame, the actual document says two years from the final development approval or the length of the development approval; and if you have a shorter development approval, it will expire with that. The reason for that is these documents are issued and required prior to final approval. So the time frame starts at the final approval yet the document may sit for a significant amount of time after being issued before it comes before the Board. Of all of the documents issued in 2008, which are two years old, many have come to fruition, some are still waiting and some have essentially died. Discussion ensued concerning this process.
Commissioner Dallari clarified with Mr. Rigby that if someone does not go before the Board to get their final D.O., the capacity reservation will expire within two years unless the D.O. has been approved.
Upon clarification by Chairman Carey, Mr. Rigby agreed that the capacity that is reserved is tied to an approval or the issuance of a building permit. Mr. Rigby explained that is the way the process was set up and that it is working quite well. He stated that there is technically a differentiation between the terms "reserved" and "vested". It becomes reserved when the SCALD is issued and it becomes vested when the final development approval or the development order is issued.
Mr. McMillan and Ms. Guillet discussed with Commissioner Horan the status of Senate Bill 360’s validity. Ms. Guillet advised that there was a bill passed last year that had some saving language that any actions that were taken pursuant to SB 360 would remain valid law even if the bill was overturned. She stated that this amendment simply codifies what has been put in the Comprehensive Plan.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2011-5, as shown on page _________, approving amendment to the Land Development Code regarding establishment of a uniform School Concurrency process and other revisions to the County’s concurrency requirements related to Senate Bill 360, as described in the proof of publication.
Under discussion, Chairman Carey clarified that the motion includes the two amendments previously discussed: (1) To leave in the stricken part related to the Annual Status Report on page 10 but change “shall be provided” to “may be distributed”; and (2), to add a definition for a vested student.
Commissioner Dallari and Commissioner Henley agreed the amendments are included in their motion.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDMENTS TO THE LAND DEVELOPMENT CODE
Proof of publication, as shown on page ________, calling for a public hearing to consider Amendments to the Land Development Code to permit manufactured homes and agriculture-related signage in the East Rural Area, received and filed.
Jeff Hopper, Planning and Development, noted that this is the first of two public hearings. Mr. Hopper stated that the proposed ordinance would establish manufactured houses and accessory dwelling units as permitted uses in the A-3, A-5 and A-10 zoning classifications consistent with the County’s Comprehensive Plan. Manufactured housing is currently classified as a Special Exception use in the Rural Area zoning classifications.
Mr. Hopper explained that this Ordinance also establishes regulations and a permitting process for off-premise agriculture-related signs in the east rural area. These signs would be of a seasonal nature and advertise produce and other activities related to the agricultural use of the property being advertised. He advised that because the proposed Ordinance changes the actual list of permitted uses, pursuant to Florida Statutes, the Board must hold two public hearings prior to adopting the Ordinance. Staff recommends that the Board authorize a second public hearing to occur on February 22, 2011 at 1:30 p.m.
Commissioner Dallari stated that he believes allowing agricultural signs is a good move forward but he would like to see some type of centralized "way-finding" kiosk, for example, at the intersection of SR 426 and SR 46. Ms. Guillet stated that her department could work with Tourism to get some ideas.
Chairman Carey questioned why this is being limited to just the East Rural Area specifically since there are some pockets of A-3, A-5 and A-10 in other parts of the County. She stated she would not want to limit this to just the East Rural section. Chairman Carey stated that since basically anybody who has a permitted use right now of a mobile home or manufactured home is being grandfathered in, she believes those scattered throughout the County, who are not in the East Rural Area, should be included and believes this should be a countywide Ordinance and not exclude anyone by putting East Rural Area in the language.
Upon inquiry by Commissioner Horan, Ms. Guillet stated that the Ordinance would apply to any A-3, A-5 or A-10 district. Chairman Carey requested that the Ordinance be cleaned up and any reference to the rural area be removed.
Chairman Carey discussed Section 30.104 on page 4, where “churches and their attendant educational and recreational buildings and off-street parking” are Special Exceptions and advised that they are not under A-1. She noted that there have been big facilities that have moved into largely farming A-1 areas. Chairman Carey stated that she believes that issue needs to be addressed, and that perhaps all churches need to be a Special Exception if they are in agricultural zoning.
Ms. Guillet advised that would require another revision to the Land Development Code, which certainly can happen. It would add an additional level of review and an additional set of standards for church-type uses within the A-1 district. She stated that if the Board directs it, another amendment can be prepared.
Commissioner Henley reminded the Board that they need to be conscious of the federal law in regards to churches, that churches can't be treated differently than anybody else in the County and you have to lean in favor of the church.
Upon inquiry by Chairman Carey regarding anything that would prohibit the County from being able to make it a Special Exception in A-1 zoning, Mr. McMillan stated that his office can look at that.
Chairman Carey directed staff to the Building Site Area Regulations on page 5, the added section that says, "Exterior materials of any dwelling unit shall have reflectivity which does not exceed that of gloss white paint." She questioned if the County was putting something in their code that may be overreaching. Ms. Guillet stated the concern was to have some sort of design standard. When you talk about this type of housing product, sometimes it may not meet the standard that some folks would like to see. Staff tried to give the Board some proposed design guidelines, but it is up to the Board to decide what kind of standards they would like to set for those types of buildings. Discussion ensued concerning design standards for the mobile home type buildings.
Commissioner Van Der Weide stated that he is in favor of removing that section. The consensus of the Board was to remove that section.
Commissioner Henley discussed Item (10) on page 5 concerning Bed and Breakfast establishments and inquired as to why, when located adjacent to or encompassing a part of the trail or as part of an approved agritourism use, they have to have a Special Exception. Ms. Guillet stated that within an A-3, A-5 or A-10 district it would require a Special Exception because it is a quasi-commercial use and you are putting it in an agricultural district.
Discussion ensued concerning when Bed and Breakfast establishments need a Special Exception. Ms. Guillet stated that Bed and Breakfast establishments are not permitted in Residential districts in the County. Commissioner Horan stated that the Board might want to look into that down the road.
Upon inquiry by Chairman Carey concerning a definition for "approved agritourism use," Mr. Hopper stated that the term is used in the Comprehensive Plan, the Future Land Use Element. He advised that there is a page concerning these on the County's Tourism website.
Ms. Guillet explained the Special Exception process concerning Agritourism.
Chairman Carey gave an example of an area that is zoned A-1 where everybody has three or four acres. There are people that are raising bees, an allowable use in A-1. Based on the document before the Board, there could possibly be an opportunity for a Bed and Breakfast but the zoning is A-1. She suggested Ms. Guillet look into this matter along with the church Special Exception. She reminded Ms. Guillet that the Board wants her to look at a Bed and Breakfast as an allowable use maybe with a Special Exception in Residential.
Commissioner Horan suggested that if there is already a defined term of “agritourism”, it could be capitalized so someone would know that you are referring to the Comprehensive Plan.
Chairman Carey discussed Item (5) on page 6, Sign Removal Deposit, and asked if the things referenced that will require the Board to amend fees will be coming back as a separate item as to how these fees would be established by resolution. Ms. Guillet stated on this particular item, there is a sign removal deposit fee that has already been established by the Board and they intended to apply that same fee in this particular instance. A discussion ensued concerning the current sign removal deposit fee.
Chairman Carey clarified that it is her understanding that all reference to the rural area will be removed. This doesn't have to be in the rural area. Everything that has a Board of Adjustment approval for a mobile home, regardless of what they are on or where they are located, is being grandfathered in.
Ms. Guillet advised it is in the A-3, A-5 and A-10 districts. Upon inquiry by Chairman Carey regarding the rest of the mobile homes that are not on A-3, A-5 or A-10, Ms. Guillet advised that they will be subject to the terms of the Special Exception under which they were granted.
Chairman Carey requested that matter be addressed and brought back to the Board. She said people that live in manufactured houses should not have to come before the Board of Adjustment every so many years to be able to keep their home. She stated that was part of what the Board was trying to clean up, the ability for people to have manufactured housing as an option.
Chairman Carey clarified that Section 30.108(f) on page 5 is to be stricken.
No one spoke in support or in opposition.
Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize scheduling a second public hearing to consider Amendments to the Land Development Code to permit manufactured homes and agriculture-related signage in the East Rural Area, on February 22, 2011 at 1:30 p.m., or as soon thereafter as possible, with the changes to the proposed Ordinance as identified by the Chairman.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey requested that the additional items addressed today be brought back to the Board in March.
Chairman Carey informed the Board that an e-mail had been received today that identified that the President is proposing a 7.5% cut on the $300 million that is assigned to Community Development Block Grants and that the House Republican Study Commission is proposing a total elimination. She discussed how that relates to Seminole County’s budget of just under $5 million and it funds 13.5 positions at the County level.
Sabrina O’Bryan, Assistant County Manager, addressed the Board to give a brief update on the Legislative activities. She referred to HB 589, Emergency Medical Transport Services, and stated that Tad Stone, Public Safety Director, has reviewed the Bill and provided initial feedback about allowing medical providers to get into this business. Mr. Stone's concern is that while counties or municipalities might adjust staffing levels, if at some point down the road they decide not to continue that type of transport business, the County would be left in a kind of recovery mode. Ms. O’Bryan stated she believes this is already part of their legislative priorities from a State standpoint.
Upon inquiry by Commissioner Van Der Weide concerning the debt collectors that were brought in, Mr. Forte advised that Mr. Stone would have a return on the bills that are paid and stated he would get that information for the Commissioners.
Ms. O'Bryan referred to SBP 7050, TABOR or Revenue Limitations, and stated that a copy of that Bill was released yesterday. The bulk of the Bill deals with State revenue limitations and the proposal includes a tiered effect of limiting those revenues over the next four to five years, maybe six. She stated that the Bill may not be as detrimental as originally anticipated and they will continue to monitor the Bill. Ms. O' Bryan stated that the Governor released his proposed budget yesterday.
Susan Dietrich, Assistant County Attorney, addressed the Board to state that SB 360 was refiled this year by Senator Bennett into three separate bills: the security camera issue (SB 172), the growth management issues (SB 174) and the affordable housing issues (SB 176).
Regarding the federal funding projects, Ms. O'Bryan advised that she had forwarded a copy of a proposed letter that could be sent out to the congressional members. She stated that none of the projects are new. Four of them were in the County's funding request letter last year: SR 46, the regional evacuation route; the regional surface water treatment facility, Yankee Lake; radio communications upgrade for law enforcement communications; and Healthy Seminole. The fifth one added is the Sematech project.
Upon inquiry by Chairman Carey, Ms. O'Bryan advised that after working with the Environmental Services Department and also Public Works water quality, they were asked to add a statement to continue to monitor that. Their position at this time is based on what they know; the impacts aren't substantial. If something changes and there are spinoff impacts, then they would want them to be monitoring that as well.
Chairman Carey requested that an additional item be added to the letter. She discussed the funds the U.S. Army Corp of Engineers had budgeted for work to be done at Lake Jesup and is now trying to divert those funds away from that program. Chairman Carey stated that she wants to put their federal folks on notice that this is an important project since it is one of the County's biggest impaired water bodies. If there are no objections, she would like to include it as a part of this letter as well as sending a specialized letter specifically regarding that particular issue. The Board voiced no objections.
Ms. O' Bryan updated the Board concerning the federal budget in terms of the CDBG. She advised they have increased their ask to a 25% reduction in their budget or up to $1 billion. Their budget has been postponed until March 4 at which time they will look at their appropriations.
The Board voiced no objections to still receiving bill information updates on Friday.
Chairman Carey requested that Ms. O'Bryan keep the Board up to date concerning some of the new bills, particularly the ones related to funding.
Upon inquiry by Commissioner Henley, Mr. Forte advised that he did not have any new information concerning Sematech. He stated he is anticipating some kind of response in the next two weeks. A discussion ensued concerning Sematech's site visit.
Commissioner Dallari cautioned the Board that even if they get a positive response, there are still a lot of big hurdles that need to be accomplished.
Commissioner Horan inquired about a bill amending the CCNA to add pricing as part of the CCNA process. Ms. O'Bryan stated that they advised Florida Association of Counties (FAC) and their state lobbyist that they were in support of that at the County level. She stated she believes FAC was in support as well but will double check and report back with that information.
Chairman Carey noted that a letter was received from the Florida Department of Law Enforcement (FDLE) asking for the Board's opinion regarding the reappointment of Marie Hermann, the District 24 Medical Examiner. After reaching out to both the hospitals and the Sheriff, the Sheriff responded that his experience with Dr. Hermann has been very positive. Chairman Carey advised that she needs to sign the letter and send it back if no one is opposed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan, to authorize the Chairman to execute a letter to the FDLE regarding the reappointment of Marie Hermann as District 24 Medical Examiner.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey advised the Board that Valentine’s Date is on Monday, February 14th, and the State of the County, an event with the Chamber, will be held on Friday, the 18th, at the Westin, and President’s Day is on Monday, February 21st.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated January 21, 2011 to Brenda Carey, Chairman, from Sam Gardner, Audit Coordinator, State of Florida Department of Management Services, re: intent to audit payroll and personnel records.
2. Notice dated January 21, 2011 to taxing authorities from Bryan Cobb, City of Oviedo, re: establishment of a Community Redevelopment Trust Fund.
3. Notice dated January 21, 2011 to Chairman of the County Commission from St. Johns River Water Management District re: Public hearing to approve the District’s Florida Forever Work Plan Annual Update as part of the District’s Consolidated Report.
4. Letter dated January 26, 2011 to the Seminole County Board of County Commissioners from Anna Cranmer, Southern Cross Campus, Inc., re: the advancement of their program to support children ages 14-18.
5. Letter dated January 31, 2011 to Chairman Brenda Carey from Diane Culpepper, Brighthouse Networks, re: programming changes.
6. Notice of Public Hearing to nearby property owner from Andrew Katz, City of Sanford, re: Notice of Public Hearing to consider a Conditional Use.
7. Letter dated February 1, 2011 to Chairman Brenda Carey from Don Martin, City of Casselberry, re: proposed annexations.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Horan reiterated with regard to Sematech, some kind of announcement is expected within the next two or three weeks. He advised that after that announcement is made, an action plan will need to be implemented and a number of agreements will have to be negotiated and drafted and put in place.
Commissioner Horan noted a recent article that appeared in the Orlando Sentinel identifying the charitable work of Jeff Faine, a former football player from Seminole High School who now plays pro football with the Tampa Bay Bucs. Commissioner Horan reviewed the charitable work done by Mr. Faine and his parents in establishing homes to house foster children who have turned 18 and aged out of the foster care system and end up on the streets homeless. Jeff and his good parents are working hard to address this problem. Commissioner Horan requested the support of the Board to draft a letter from the Board to be signed by the Chairman that recognizes Jeff and his parents for their great work in this area.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to authorize the Chairman to execute a letter of support recognizing the charitable work done by Jeff Faine, and his parents, Lee and Finnis Faine.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Horan referenced an item that was heard at the last BCC meeting, The Springs PUD. He stated that in lieu of bringing a lawsuit challenging that, the parties have gone into a 70.51 proceeding to try and resolve their issues.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to waive The Springs PUD's 12-month waiting period for bringing up a rezoning application in the Land Development Code in light of the fact that the parties may resolve their differences with the County and also with the rest of the residents.
Under discussion, Mr. McMillan advised that the Board had gotten a letter indicating a petition for relief had been filed under Statute 70.51, which is the same thing Integra did, which will require going to a Special Magistrate and mediation. Mr. McMillan explained the motion here is primarily in anticipation that they would be able to have the Board consider whether or not they want to let them come back with an application sooner than 12 months from the denial. The motion is to waive the 12-month waiting period and let them reapply where they normally wouldn't be able to do that for a year from when the P&Z Commission heard the item.
Upon inquiry by Commission Henley regarding any new information that would cause the Board to reopen the matter, Chairman Carey stated the idea is to allow them to bring it back if there was new information in the application and waive the 12 months. Commissioner Horan explained that the idea is just to facilitate settlement discussions by allowing them to go ahead.
Commissioner Henley stated that he believes it would be a bad precedent and that everyone will be looking to file something thinking it will be reconsidered. He believes The Springs is trying to get a decision from this Board before they have to go before the Court.
Commissioner Horan clarified that his motion is only to lift the 12-month period so they can go ahead and file an application.
Mr. McMillan stated that because of Statute 70.51, the item at some point will come back to the Board, either from a recommendation from the magistrate or because staff has agreed to bring it back before that in order to short circuit the whole process and say, instead of spending all of that money on a magistrate hearing, give us your best proposal and we will let it come back. Something is coming back.
Commissioner Henley stated that even if they get to come back before the Board, there is no guaranty they won't still go through the 70.51 process if they don't get a favorable outcome.
Mr. McMillan stated the Board can make the waiver of the 12 months contingent upon them not filing a new 70.51 so that this is their second shot. If they don't get it, they can take the regular judicial remedy.
Commissioner Horan stated he would have no problem amending his motion to include that.
Mr. McMillan stated that the waiver would state if we let them come back and waive the 12 months and they reapply and go through the process again, then they will agree to dismiss the 70.51 and not file a new one.
Chairman Carey clarified with Commissioner Horan that he is amending his motion with the suggestions of the County Attorney, that they waive the filing of the 70.51 on the second go-round. Commissioner Horan and Commissioner Dallari agreed to the amendment to the motion.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley updated the Board regarding the Congress of Regional Leaders. He advised that after the County turned in their position, which they were asked to do, the Congress approved it as a working document to move forward. From Seminole County, only one out of seven cities responded. The Congress was disappointed that they got that type of response from most of the others too. They are trying to establish a Regional Leaders meeting on water where they would invite County Managers and their key staff people as well as Commissioners to attend.
Commissioner Van Der Weide left the meeting at this time.
Commissioner Henley advised that will be the topic of discussion at the next Mayors and Managers meeting. The City of Oviedo will be presenting and Andy (Neff) will be informing the group what the status is on the Yankee Lake project.
Commissioner Dallari noted that the Board has been talking about the Evergreen Assessment that will be coming back to the Board in March. He reminded Mr. Forte that an update concerning the evaluation of the Halogen system was requested several months ago. He requested an update be provided to the Board in the near future so that the Board can compare apples to apples.
Commissioner Dallari asked Mr. Forte for an update concerning the Animal Services Board and citizens' complaints that he handed him at the last meeting. Mr. Forte stated that he has met with Tad Stone and Morgan Woodward to address some of the questions. He stated they are asking the County to redress some of the things that the Board has not given direction on, such as a no-kill shelter. He discussed the disruption that is occurring at the Animal Control Board meetings and the effects of that disruption.
Commissioner Van Der Weide reentered to the meeting.
Mr. Forte stated this is a committee that is supposed to be giving direction to the staff, not a committee that is designed to hear public participation.
Commissioner Dallari stated that the Animal Control Board needs to make some advisory comments or suggestions to this Board; and then at that point, this Board can take the appropriate action.
Chairman Carey suggested looking at bylaws for some of the committees, like attendance. If there is no quorum, nothing gets done.
Commissioner Dallari stated that he believes boards like this need to have solid direction and then make recommendations back to this Board.
Commissioner Van Der Weide stated that after attending Animal Control Board meetings and a vicious dog hearing, he was unimpressed with the participation. He stated when you see that many complaints, it needs to be looked into further because there is a problem, a big problem.
Discussion ensued regarding agendas for the Animal Control Board meetings.
Chairman Carey pointed out that these are not public hearings, but rather an advisory committee. Anything that comes out of their recommendations will come to this Board for the public hearing portion of it. There has to be a better system in the public process.
Commissioner Henley stated that he believes it is important that there is a clear written job description for each of our committees so they clearly understand what their responsibilities are. He stated that these are not public meetings, but a meeting in the public. To expect an advisory board to respond to every question that they get, which may end up in an argument situation, is not appropriate for that type of meeting because they are not the final decision makers.
Chairman Carey discussed having an orientation for all of the boards. She stated that staff has got to be part of the solution and not part of the problem.
Chairman Carey discussed the ordinances and recommendations that this Board has been waiting on which the Animal Control Board can't seem to get through their board.
Upon inquiry by Commissioner Dallari, Mr. Forte suggested having a work session with the Animal Control Board and give them specific direction or have a work session with those citizens that are opposed to the work that the Animal Control Board is doing to get an understanding of what their demands and needs are. A third option that he has heard, and prefers to do, is to let the staff draft the ordinance, present it to the Animal Control Board and let them up or down each of the items and then present it to this Board for final action. A discussion ensued as to why this has not yet happened.
Concerning the ordinances that are out there, Chairman Carey stated that she would like those to come back to this Board. The Animal Control Board can add their recommendations as a secondary item and then this Board will make the final decision.
Commissioner Dallari stated he believes the third option is a great option and suggested that the Board follow it.
The Board directed Mr. Forte to move forward with the third option.
COUNTY MANAGER’S REPORT
Mr. Forte distributed a document from Ray Hooper (received and filed) that explains that a proposal was submitted that referenced URS Corporation Southern. The recommendation of award brought before the Board on December 14, 2010 referenced URS Construction Services. Mr. Forte requested that the Board approve a change that would change the name of the award from URS Construction Services to URS Construction Southern.
Motion by Commissioner Henley, second by Commissioner Dallari, to approve changing the name of the award for PS-5438-10 from URS Construction Services to URS Construction Southern.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S REPORT
Mr. McMillan updated the Board concerning the County Manager search. He stated that Mr. Slavin has indicated that he has 54 applicants. Meetings have been set up for February 21 and February 22.
Mr. McMillan advised the Board that another complaint has been filed, a motion to intervene, in the federal lawsuit having to do with gaming devices. Phone Sweeps, LLC, Jack's Business Center, LLC and two individuals have now joined in the lawsuit and more are expected in the future. He updated the Board on the current status of the situation.
Mr. McMillan requested the Board's authorization to engage a First Amendment Constitutional advisor to assist in the preparation of these things, someone who has dealt with these issues before. He suggested retaining Attorney Chris Skambis.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to authorize Mr. McMillan to enter into and execute a Legal Services Consultant Agreement, as shown on page _______, with the Skambis Law Firm regarding the case of Allied Veterans of the World, Inc. versus Seminole County, Florida.
Under discussion, Mr. Skambis’ qualifications were discussed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan stated that a temporary restraining order (TRO) has been put in place which enjoins the enforcement of the gaming device Ordinance. He reviewed what will happen at the next hearing. Mr. McMillan stated if the County prevails and defeats the preliminary injunction and has the temporary retaining order lifted, the County would be in a position to be enforcing. If they enforce for a year and ultimately some judge in the federal system decides first amendment rights were involved, the County could be on the hook for damages for that entire year that they were not operating. What might be best is to agree not to enforce the Ordinance until there is a decision on the merits. That way the County is not put at risk for damages that occur in the interim.
Upon inquiry by Commission Horan as to what direction is needed, Mr. McMillan stated the County could refrain from enforcement, let the TRO continue and cancel the hearing. He believes the Court's time will be wasted if they go to the hearing, prevail and then say the Court has ruled in our favor but we are going to voluntarily not enforce.
Mr. McMillan discussed the County's significant financial exposure.
Chairman Carey stated she hopes the Legislature will take up this issue.
Upon inquiry by Chairman Carey, Mr. McMillan stated that the County can do a moratorium on any new ones opening in the interim and agree to the Court that the County won't enforce the Ordinance to avoid the potential liability until there is a final determination.
Commissioner Henley stated he believes that is what they need to do.
Upon inquiry by Chairman Carey, Mr. McMillan advised that he would have to bring the moratorium back. He advised that staff is of the opinion that they violate zoning, that sweepstakes aren't permissible. They have been opening as one thing and adding machines later. Mr. McMillan stated they could do an ordinance to put a moratorium on them so no new ones would open and the other ones can operate until such time there is a final judgment.
Commissioner Horan stated he believes what the County Attorney is proposing is a prudent way to go, that is to suspend the enforcement of the ordinance until there is a federal ruling here. He discussed the damages that could occur. He believes it would not be prudent for the County to go forward with enforcement until they get the adjudication. He added he believes the County could proceed with a moratorium.
Chairman Carey directed Mr. McMillan to bring a moratorium (Emergency Ordinance) back to the Board at the next meeting. She stated she believes Mr. McMillan’s recommendation is probably a good idea.
Mr. McMillan stated that he believes he has Board concurrency. He advised he will talk to the other side and attempt to implement this.
Commissioner Van Der Weide stated he believes protecting themselves from any legal costs would be great; and in the meantime, placing a moratorium makes sense.
Commissioner Horan stated that basically this lawsuit says that the County Commission, in passing this Ordinance, violated the constitutional rights of the people who came in front of them. He noted that basically every one of them, when they took office, took an oath that they would preserve and follow the Constitution of the United States, the Constitution of the State of Florida and the County Charter. What the lawsuit says is the Board violated in some way, shape or form that particular oath. He asked if any of the Commissioners remembered that being said to any of them during the course of that hearing, anybody coming up and saying you shouldn't do this because this would violate your oath and violate the United States Constitution. No, they did not.
Upon inquiry by Commissioner Henley, Mr. McMillan stated he believes he has clear direction.
John Casselberry addressed the Board to discuss the heights of the two hills already located at the Seminole County landfill and the third hill that is proposed. Since there is only 10 years or less of capacity left, he wondered why the landfill does not use incineration, which he is recommending.
Chairman Carey advised that there are a number or years left on the landfill. She directed staff to contact Mr. Casselberry to talk about the landfill.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:23 p.m., this same date.