BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
March 11, 2014
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, March 11, 2014, 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 Brenda Carey (District 5)
Commissioner John Horan (District 2)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
Deputy County Attorney Lynn Porter-Carlton
Deputy Clerk Eva Roach
Pastor Jim Lynch, East Coast Believers Church, Casselberry, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
The Business Spotlight video for Wharton-Smith, Inc. Construction Group was presented.
AWARDS AND PRESENTATIONS
Michelle Strenth, Director of Government Relations, External Affairs, Orlando Health, addressed the Board to introduce Dr. Mark Roh, President of the UF Health Cancer Center, and stated Dr. Roh will give an update on Orlando Health Cancer Center.
Dr. Mark Roh addressed the Board to state Orlando Health was part of MD Anderson Orlando for 23 years. He stated while renegotiating their contract, they concentrated on where they were going in the future, what they needed to focus their attention on and how they could get there in an efficient manner. It became very clear that working with the University of Florida to create a cancer program made the most sense. About six weeks ago, Orlando Health became the UF Health Cancer Center. This is a combination of cancer programs that have come to form a new joint oncology program. Their vision was to provide the best chance for Floridians to survive cancer, and they have a very strong game plan on how to accomplish this. He explained the reasons this is beneficial to Floridians and the residents of Central Florida. He said with this coming together, they are now the fifth largest cancer program in the U.S. It is very attractive to pharmaceutical companies and they have a lot of new drugs they want to test that are not really being tested now in Florida. They now have an opportunity to bring in these experimental drugs to help in advancing and curing more patients. Each cancer is unique and what they do now is analyze each patient’s tumor, understand why it developed, and how they can eliminate it. Orlando Health then tailors the drugs to that information. It is obviously not paid for by the insurance companies but will be approved in the near future. In the meantime, in order to make this more effective, Dr. Phillips Foundation has given Orlando Health $1.5 million to pay for that analysis. The real issue is that 80% of cancer care is delivered to the community and their efforts are to bring these opportunities to the communities. He advised Governor Scott has budgeted $80 million for cancer support to increase and improve the way cancer patients are treated in Florida.
Chairman Dallari stated the hospital is truly phenomenal and is definitely a part of Central Florida. He added he would like to thank them for being a part of the community.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, stated staff would like to pull Item #13, Approval of Recreational Trails Program Grant. He informed the Board of an Add-on, Item #22A, Adopt a Resolution approving the list of capital projects and estimated costs from proceeds of the proposed One-Cent Infrastructure Sales Surtax contingent upon referendum approval.
Motion by Commissioner Carey, seconded by Commissioner Constantine to authorize and approve the following:
2. Approve and authorize Valmarie Turner, Community Services Director, to serve on the Board of Healthy Start Coalition of Seminole County, Inc, as shown on page ______.
3. Approve and authorize the Chairman to execute the First Amendment, as shown on page ________, to the Seminole Community Mental Health Center Agreement to modify the services provided to support the provision of Crisis Stabilization Units (CSU) beds to indigent residents.
Community Development Division
4. Approve and authorize the Chairman to execute the First Amendment, as shown on page ________, to the Seminole Community Habitat for Humanity of Seminole County of Greater Apopka Florida Agreement for the Housing & Urban Development (HUD) Neighborhood Stabilization Program (NSP).
5. Approve the Release of the original Cash Water & Sewer Improvements Maintenance Bond and Escrow Agreement for the project known as Terracina at Lake Forest 5 in the amount of $1,816; Taylor Morrison of Florida.
6. Approve a billing adjustment to refund Orange County Utilities for Sheffield Forest wastewater service charges.
7. Approve and authorize the Chairman to execute Amendment No. 1, as shown on page ________, to the State of Florida Department of Environmental Protection Agreement No. S0540 for a no-cost extension of time to September 1, 2015, to allow the newly constructed Cassel Creek Regional Stormwater Facility additional time to reach equilibrium to allow for more accurate water quality monitoring.
8. Adopt appropriate Resolution #2014-R-60, as shown on page _______, and authorize the Chairman to execute a Locally Funded Agreement, as shown on page ________, with the State of Florida, Department of Transportation, for the acquisition of right-of-way for intersection improvements on County Road 46A (W. 25th Street) west of Club Road to east of Marshall Avenue; and approve Memorandum of Agreement, as shown on page ________, with the State of Florida, Department of Transportation, and Department of Financial Services, Division of Treasury, to provide for the establishment of an interest-bearing escrow account for funds for the work performed on this project. FDOT - Financial Management Number 429585-1- (4B/41/43/45)-01.
9. Approve and authorize the Chairman to execute a First Renewal and Addendum B, as shown on page ________, to Lease No. 2003-17 between the Sanford Airport Authority and Seminole County to provide lease space for the Supervisor of Elections Office.
10. Approve and authorize the Chairman to execute the FY 2013-14 Agreement, as shown on page ________, with Seminole County Victims' Rights Coalition, Inc. d/b/a Safehouse of Seminole to continue implementation of the Safe Havens: Supervised Visitation and Safe Exchange Program through the U.S. Department of Justice, Office of Violence against Women (OVW) grant.
11. Approve and authorize the Chairman to execute the FY 2013-14 Agreement, as shown on page ________, with Seminole Community Mental Health Center, Inc. d/b/a Seminole Behavioral Healthcare to continue providing comprehensive mental health services to residents of Seminole County with grant funding from the U.S. Department of Justice through its Office of Justice Programs, Bureau of Justice Assistance.
12. Approval to submit an Application to the U.S. Department of Justice through its FY 2014 Adult Drug Court Discretionary Grant Program requesting up to $350,000 in grant funding for the Veterans Treatment Courts; and to authorize the County Manager to execute any documents associated with the grant application.
13. Pulled from the agenda request to approve submittal of a Grant Application requesting $50,000 from the Florida Department of Environmental Protection through the 2014 Recreational Trails Program for equipment and associated parts and authorizing the use of Planning/Trails (Bond Fund) Reserves for the required 50% match.
14. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-61, as shown on page ________, ratifying and approving the anticipated issuance by Orange County Housing Finance Authority of Multifamily Housing Revenue Bonds in one or more series, in an aggregate principal amount not to exceed $8,000,000, to finance the acquisition, rehabilitation and equipping of a residential rental project to be owned by MLVI Boca Vista Apartments, LLC.
Budget and Fiscal Management Division
15. Rescind the Board's vote on February 11, 2014 for Budget Amendment Request #14-032 (Item #17, Resolution #2014-R-41) in the amount of $22,592 through the FY 2012/13 Homeland Security Grant Program Funds (SHSGP) (Issue 11) and the FY 2013/14 Emergency Management Performance Grant (EMPG) for the purchase of equipment and services related to connecting interagency partners during large scale incidents; and to approve appropriate Resolution #2014-R-62, as shown on page _______, implementing Budget Amendment Request (BAR) #14-032 (budget neutral) through the FY 2012/13 SHSGP and FY 2013/14 EMPG for the purchase of equipment and services relating to above incidents. The revised recommendation reflects the budget request amount as budget neutral.
16. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-63, as shown on page _________, implementing Budget Amendment Request (BAR) #14-046, allocating an additional $40,000 of appropriations for the EMS Simulation Lab Project #00561998 to relocate the "Air Pack" maintenance area.
17. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-64, as shown on page ________, implementing Budget Amendment Request (BAR) #14-047 through the Fleet Renewal and Replacement Fund reserves to appropriate funding for the replacement of a Toro Workman with a Rahn Groomer at a cost of $26,000.
18. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-65, as shown on page _________, implementing Budget Amendment Request (BAR) #14-048 using General Fund reserves in the amount of $425,985 to appropriate budget for a countywide precinct referendum for the Infrastructure Sales Surtax Ordinance.
19. Approve and authorize the Chairman to execute appropriate Resolution #2014-R-66, as shown on page _________, implementing Budget Amendment Resolution (BAR) #14-050 through the Water & Sewer Operating Fund to appropriate $678,278 from reserves for a refund of wastewater service charges to Orange County Utilities.
Purchasing & Contracts Division
20. Award CC-9166-14/AMM, as shown on page ________, Construction Services Agreement for Fire Training Center Renovation in the amount of $215,377 to Corinthian Builders, Inc. of Sanford, FL; and authorize the Purchasing & Contracts Division to execute the Agreement.
21. Award CC-9192-13/AMM, as shown on page ________, Master Services Agreements (MSA) for Community Services HOME, SHIP, CDBG, and NSP Program Rehabilitation Projects to All-In Construction Services, LLC of Longwood, FL; Black Street Enterprises, LLC of Port Saint Lucie, FL; Campbell Renovations, Inc. of Geneva, FL; Corinthian Builders, Inc. of Sanford, FL; Linton Enterprises, Inc. of Sanford, FL; M & J Enterprises International, Inc. of Winter Park, FL; NVision Construction, LLC of Orlando, FL; R.S.B. Homes, Inc. of Deland, FL; and Svenson Construction, Inc. of Apopka, FL; and authorize the Purchasing & Contracts Division to execute the MSAs (Estimated Five Year Term Usage Amount of $1,450,000).
22. Approve Renewal #1 for RFP-601617-13/BJC - Wellness - Fitness Services, with The Nice Life, Winter Park; and authorize the Purchasing & Contracts Division to issue a Purchase Order in the amount of $55,096.96.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Constantine to adopt appropriate Resolution #2014-R-67, as shown on page _________, approving the list of capital projects and estimated costs to be funded from proceeds of the proposed One-Cent Local Government Infrastructure Sales Surtax if such tax is approved at the May 20, 2014 referendum, making certain findings of fact as to the necessity of proceeding with such countywide capital improvement program and further directing the distribution and online publication of said Resolution to assist in raising public awareness of the sales surtax referendum and proposed uses of the funds.
Under discussion and upon inquiry by Commissioner Constantine, Deputy County Attorney Lynn Porter-Carlton advised that the language regarding all uses required by the State is included in the Resolution.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley to authorize and approve the following:
23. Approval of Expenditure Approval Lists, as shown on page _________, dated February 10 and 17, 2014; and Payroll Approval List, as shown on page ________, dated February 13, 2014; approval of the BCC Official Minutes dated January 28, 2014; and noting, for information only, the following Clerk's Received and Filed:
1. Work Order #5, as shown on page ________, to PS-8146-12.
2. Change Order #2, as shown on page ________, to CC-8160-12.
3. Conditional Utility Agreements, as shown on page ________, for Water and Sewer with Hanover Dodd Road, LLC, for the project known as Lakeside Estates.
4. Minor Amendment to Developer’s Commitment Agreement, as shown on page ________, for Kentucky Square Planned Development, Theodore S. & Anne Takvorian.
5. Parks Contract for Services, as shown on page ________, with Jimmy L. Williams.
6. Amendment #1, as shown on page ________, to Work Order #9 to RFP-5847-10.
7. Memorandum from Public Service Commission regarding petition for approval of optional non-standard meter rider by Florida Power & Light Company.
8. Public Service Commission Order Authorizing Appearance as Qualified Representative regarding petition for approval of optional non-standard meter rider by Florida Power & Light Company.
9. Work Order #57, as shown on page ________, to PS-3914-08.
10. Work Order #8, as shown on page ________, to PS-8186-13.
11. First Amendment, as shown on page ________, to RFP-8312-12, Topline Construction Services, Inc. d/b/a Chief Inspection Services.
12. Mutual Termination Agreement, as shown on page ________, of CC-8656-13, Black Street Enterprises, LLC.
13. Work Order #15, as shown on page ________, to RFP-5706-10.
14. Third Party Administrator Administrative Service Agreement, as shown on page ________, with Chard, Snyder & Associates, Inc. for 2014 Employee Benefits Renewal, as approved by the BCC on October 8, 2013.
15. Recorded Warranty Deed and Partial Release of Mortgage, as shown on page ________, Parcel #23-21-29-503-0A00-0140, Right-of-Way, Gary J. Martin (Grantor).
16. Amendment #2, as shown on page ________, to Work Order #9 to RFP-CS01-12.
17. Closeout, as shown on page ________, to Work Order #4 to CC-8199-12.
18. Amendment #1, as shown on page ________, to Work Order #8 to PS-0984-06.
19. Bids as follows: CC-9184-13, 601914-13; 9093-13; CC-9166-14; and CC-9192-13.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Horan, seconded by Commissioner Henley to authorize and approve the following:
24. Approve appropriate Resolution #2014-R-68, as shown on page _________, implementing Budget Amendment Request (BAR) #14-049 to recognize $124,813 in FY 2013/14 Florida Division of Emergency Management-State Homeland Security Grant revenues and correspondingly increase the Sheriff’s FY 2013/14 operating budget by an equivalent amount.
Districts 1, 2, 3, 4 and 5 voted AYE.
Jeff Hopper, Planning & Development, addressed the Board to request approval of the Special Event Permit for the Seminole County Fair, 440 Hickman Drive, from March 28 through April 6, 2014, R&R Investments. He addressed the conditions of approval as noted in the agenda memorandum. Staff recommends approval of the request.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Horan to approve the Special Event Permit for the Seminole County Fair, 440 Hickman Drive, from March 28 through April 6, 2014, subject to staff’s recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Joe Pennisi, Resource Management Director, addressed the Board to give an update on Nationwide Retirement Solutions. He stated at the February 25, 2014 BCC meeting, staff requested a continuance of the request with respect to some of the provisions of the extension offer. He pointed out that staff wanted to see an extension to the agreement for an additional five years starting January 1, 2015, and along with that extension, Nationwide Retirement Solutions agreed to reduce their participants’ payments from 33 basis points to a revenue target of 25 basis points. Staff had concerns relating to whether or not there was a way to transparently and equitably attain the 25-basis-points goal with all participants in the plan, and whether or not that is a good deal, with the reason being there are competitive situations in similar-sized plans.
Mr. Pennisi stated the Review Committee received additional information from Nationwide and they came up with three potential scenarios that would allow the County to reach the 25-basis-points target. The first option is to take the existing array of investment options down to the lowest revenue-sharing share class of each existing option, bringing the compensation down to an 8 basis point, and imposing a 17-basis-point administrative fee. The second option is to retain all of the investment options that had a zero revenue-sharing class, substitute others with a zero revenue-sharing share class, and impose a 25-basis-point, across-the-board administrative fee. The third option is to look at a new range of options to see if they can find the best in-class options across all the various categories and investments. All of those would have a zero revenue-sharing share class and then impose an across-the-board, 25-basis-point administrative fee. The third option is the one that the Review Committee will be pursuing.
Mr. Pennisi stated Nationwide came back with some comparisons with similar-sized plans and the compensation of one plan was to achieve 29 basis points, another was to achieve 30 basis points, and the last one was to achieve 50 basis points. The committee felt that the 25 basis points are fair and advantageous to the participants. Additionally, the committee asked if there could subsequently be a reduction in the compensation when the plan reaches a certain-sized point, and Nationwide was agreeable to that. Additional provisions in the extension would be that when they reach $75 million, in terms of the size of the plan, the compensation would reduce from 25 basis points to 23 basis points. Based on the results of their conversations, staff feels that they are in a position to recommend that the County enter into an extension with Nationwide Retirement Solutions for five years, beginning January 1, 2015.
Commissioner Carey commended staff and Nationwide for doing a good job in making sure they are offering the best plan to the employees.
Commissioner Horan stated he appreciates Nationwide for coming up with the information that was needed.
No one spoke in support or in opposition.
Motion by Commissioner Constantine, seconded by Commissioner Carey to approve an Amendment, as shown on page ________, to the Nationwide Retirement Solutions Agreement extending the contract to five years; and authorize staff to move forward with pursuing Investment Options 2 and 3.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 9:55 a.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Erin Leben, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
SWEETWATER COVE LAKE AQUATIC WEED CONTROL/MSBU
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance establishing the Sweetwater Cove Lake Aquatic Weed Control and Lake Management Municipal Services Benefit Unit [MSBU] and the associated Cost Sharing Agreement, received & filed.
Carol Watral, MSBU Project Manager, addressed the Board to present the request as outlined in the agenda memorandum.
Ms. Watral advised that the MSBU Program coordinates the assessment district activity that provides funding for municipal services offering a localized or community-based benefit. Following establishment of a governing ordinance, the funding for these services is generated by assessments levied against the benefiting properties with collection by the Tax Collector via the annual property tax bills. These assessment districts are referred to as Municipal Services Benefit Units (MSBUs.) She reviewed the process of creating an MSBU as outlined in the agenda memorandum. Additional information regarding the MSBU opportunities is available online at the MSBU program website or through contact with staff.
Ms. Watral stated the petition to create an MSBU coordinated by the MSBU program for Sweetwater Cove Lake demonstrated a 75.4 support level exceeding the 65 percent level required for Board consideration. As stipulated in the proposed ordinance and substantiated by its petition support, the commercial parcel will be assessed 53 percent of the MSBU cost and the remaining cost will be allocated equitably to the residential and common element properties. The Sweetwater Oaks HOA has requested opportunity to pay the cost share allocated to the common element land parcels. The cost share distribution was developed through interaction with Sanlando Utilities. An equitable cost share assessment of $145 per benefit unit is proposed for levy and collection beginning with the 2014 assessment roll. It is anticipated the assessment amount will vary annually according to lake conditions and treatment recommendations. Staff is requesting that the Board adopt an ordinance creating the Sweetwater Cove Lake Aquatic Weed Control and Lake Management MSBU and to authorize execution of the associated agreement.
No one spoke in support or in opposition.
District Commissioner Constantine stated through a previous contract, the County was doing some of the spring and aquatic weed control in this area and the citizens that live there were very interested in having this continue. He stated that the citizens and staff feel that an MSBU might be the way to go because the County could continue to do it in perpetuity as they did with a previous contract. He said the citizens pointed out the fact that through a Department of Environmental Protection (DEP) agreement with Sanlando Utilities, they had a permit that allowed them, during the rainy season, to drain into Sweetwater Cove, and as part of that agreement, they were willing to help pay a portion of whatever the DEP expected them to do. He said the DEP Director worked with staff and Sanlando Utilities to figure out how much would be a reasonable amount for the residents to pay. He said they originally came back at 20 percent and they came to the conclusion that it was more equitable to pay 53 percent. He said the citizens, staff, and the DEP deserve a great deal of credit and he would like to congratulate them for taking this matter into their own hands. Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt Ordinance #2014-15, as shown on page ______, establishing the Sweetwater Cove Lake Aquatic Weed Control Management Municipal Services Benefit Unit [MSBU]; and authorize the Chairman to execute the associated Cost Sharing Agreement, as shown on page ______, as described in the proof of publication.
Under discussion, Commissioner Henley advised the County got involved in this several years ago, largely as a result of flooding that had taken place as a result of all the soil and silt that was coming out of Orange County and filling up the area, forcing the water out of the river. He said they solved the flooding issue by clearing out the area so the water could flow and stay within the stream. He commended Commissioner Constantine on doing a good job of working with the people of Sanlando in order to get an agreement with everybody regarding the MSBU.
Districts 1, 2, 3, 4 and 5 voted AYE.
ZDA AT SOUTH SYLVAN LAKE SMALL SCALE LAND
USE AMENDMENT AND REZONE/ALLAN GOLDBERG
Proof of publication, as shown on page _______, calling for a public hearing to consider (1) an Ordinance enacting a Small Scale Land Use Amendment from Suburban Estates to Planned Development; (2) an Ordinance enacting the associated Rezone from A-1 (Agriculture) to PD (Planned Development); and (3) the associated Master Development Plan and Development Order for 4.8 acres located on the south side of South Sylvan Lake Drive, west of Orange Boulevard, Allan Goldberg, received & filed.
Joy Giles, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum. The applicant proposes a residential development of 11 lots with the maximum density of 2.5 dwelling units per net buildable acre. The property is located within the Wekiva River Protection Area (WRPA) and the East Lake Sylvan Transitional Area. Staff has reviewed the request in accordance with the criteria established in the Comprehensive Plan and has determined the following: the development complies with Policy FLU 12.2, which allows for a maximum of 2.5 dwelling units per net buildable acre when utilizing a cluster design to minimize impacts. The request is compatible with the trend of residential development in the surrounding area. The Board recently approved two developments to the east of the subject property with a maximum density of 2.5 units per net buildable acre. Public facilities, such as water and sewer, will be available and the School Board has determined that potential impacts fall within available capacity.
The Planning & Zoning Commission voted to recommend the Board deny the request. Staff recommends adoption of the request. Staff requests that the report, along with all maps and exhibits, be made part of the record.
Upon inquiry by Commissioner Carey, Ms. Giles stated the Seminole County School Board reviewed the project and determined that this project has more than enough school capacity available at this time. She added that their available capacity is 5,494 students; their reserve capacity is 171; and their remaining capacity is 495 for elementary school students. The remaining capacity for middle school is 26 and the remaining capacity for high school is 68.
Charlie Madden, Madden Moorhead & Glunt, addressed the Board to state the project is in the East Lake Sylvan Transition Area and WRPA. He stated the County’s Comprehensive Plan deals extensively with the type of developments that can be approved in this area, namely that they can do up to two and a half units per acre, and it encourages clustering the project in order to save upland open spaces, not just wetlands. He displayed an aerial photograph depicting the subject property that Dr. Batchelor currently owns. He pointed out the property’s relation to the neighboring properties and where the Pearl Lake Estates plat was in relation to the subject property.
Mr. Madden displayed an aerial photograph indicating the property and the proposed cluster layout of 11, 75-foot-wide lots. He stated they are proposing a minimum 20-foot buffer on both the east and west property lines. He said by clustering the lots, they are able to provide about 39 percent open space versus filling the whole property up with lots.
Mr. Madden displayed another aerial map that indicates the oak trees on the property. He estimated about 15 of the 39 percent would be used for retention. They will assess the oak trees with an arborist to decide the best place for the retention. The retention will qualify as open space per the County’s Comprehensive Plan, and they will be able to save a lot of the trees that are in good condition.
Upon inquiry by Commissioner Henley, Mr. Madden advised of the 39 percent, 15 percent will be a retention pond and will have walking paths and curved linear banks.
Upon further inquiry by Commissioner Henley, Mr. Madden stated there would undoubtedly be trees lost. The Wekiva River Protection Act requires that a minimum of 50 percent of the trees should be retained overall on the site. They will decide which trees they can take down in order to accommodate the 15 percent for retention. The area with the 20-foot buffer is heavily treed with a lot of specimen oaks along those property lines. There is also a rail fence surrounding the property that they prefer to leave as is.
Mr. Madden displayed an aerial map portraying the distance between the subject property and neighboring properties.
Upon inquiry by Commissioner Henley, Mr. Madden said the buffers are not completely covered. They would like to isolate the development from the others and to supplement any clear lines of sight with additional oak tree plantings.
Upon inquiry by Commissioner Constantine, Mr. Madden stated he strategically picked the area for the cul-de-sac because that is where the existing house is, so he knew there would not be any trees.
Upon inquiry by Chairman Dallari, Mr. Madden advised there would be an actual tree count where they would chronicle all the trees on the site and identify the ones that are to be saved. They will show staff they are saving a minimum of 50 percent.
Dehaven Batchelor, 6165 South Sylvan Lake Drive, addressed the Board to state in the eight years he has owned the property, it has been surrounded and developed because of growth in that area. As a transition area, the properties around this particular piece of property have been developed and have begun to be built out. They put the property on the market to be resold. He feels this plan would meet their needs, provide additional residents in that area and allow them to still be respectful of their neighbors, understanding they desire to stay there as residents.
Jack Owen, 5855 South Sylvan Lake Drive, addressed the Board to state he has owned and resided on the 10 acres east of the subject property. When he moved there, it was a very wooded area, which he hand-cleaned and built himself a home, intending for it to be his home forever.
Mr. Owen advised that in the development that has happened in recent years, his property is enclosed in developments aside from the subject property. He is comfortable the way the houses are zoned now. He feels that because of his and his wife’s age, they are unable to relocate if they are not pleased with the development around them.
Mr. Owen said when he was approached about the Pearl Lake Subdivision, he considered it, but was unable to find property similar to what he has. He stated he does not want to sell the property and feels he and his wife are physically unable to move. He urged the Board to follow the Planning & Zoning Board’s decision to reject the zoning.
Attorney Jennifer Nix, 1001 Heathrow Park Lane, addressed the Board to state she represents Lisa Metcalf, who objects to the proposed Land Use Amendment, proposed rezoning classification, and the Master Plan. She asked that the Board deny the application and grant a continuance of the hearing.
Ms. Nix advised this proposal causes adverse effects to Ms. Metcalf and her neighbors. She said a notice was not sent within 10 days of the meeting as required by the Seminole County website. They ask that the Board protect the neighborhood and the environmentally sensitive lands and possibly treat this as a large-scale amendment to protect the neighborhoods and land. She opined there would be a detrimental effect to the natural resources as trees will be eliminated and natural resources will be diminished. She said they have issues with the traffic studies and would like a current traffic study. People run, bike, and walk in the neighborhood and they feel the extra traffic could cause life safety issues.
Ms. Nix opined that this project will not benefit the community as a whole. She asked that the Board deny the application and continue the hearing to best determine the impact of their decision as to the applicant’s proposal.
Upon inquiry by Commissioner Carey, Ms. Nix stated the continuance would give them time to obtain more information. They would like to speak with any of the commissioners and present as much information as they could gather. She said she hasn’t had the chance to reach out to the Board.
Upon inquiry by Commissioner Horan, Ms. Nix stated Ms. Metcalf and her neighbors did not receive a letter notifying them of the public hearing.
Ms. Giles stated notices are sent out to everyone within 300 feet of the subject property. The applicant must also post a placard on the subject property stating the information about the hearing and it is advertised in the newspaper.
Lisa Metcalf, 6245 South Sylvan Lake Drive, addressed the Board to state she has lived on this property for 25 years and opposes rezoning the land. She advised she is a certified work-site safety supervisor and has owned a company for over 20 years. She said none of the homeowners within a 300-foot radius have received letters about the public hearing for this item.
Ms. Metcalf displayed photographs (received & filed) depicting a wall behind the fence in the back of her property. She indicated where Mr. Madden and Mr. Goldberg built a fence on dirt, indicating it is several feet higher. She said if she took down her fence and removed the debris they have thrown in behind it, their pool and fence would be in her backyard.
Ms. Metcalf displayed a Development Order (received & filed) for Buckingham Estates for a pool that was moved from a seven-and-a-half-foot lot line to a zero-to-two-foot lot line.
Ms. Metcalf displayed an aerial photograph (received & filed) with an overlay of the subject property that indicates once you take the retention pond out and figure the homes in, 39 percent of the trees won’t be saved. She said she has not received any of the highlighted information on the sheet for his Application Distribution Sufficiency Review, which she stated was not in accordance with the Sunshine Laws. She submitted a Petition, as shown on page ______, from residents asking that no changes be made.
Ms. Metcalf advised that she owns a portion of the road. Per their agreement of 2002, traffic calming devices are to be kept in place. She feels this property should be treated as a large-scale property as it is affecting South Sylvan Lake Drive as a community. She said there would be over 9,000 square feet of impervious area with driveways, roads, sidewalks and a meandering trail around this subdivision.
Ms. Metcalf advised a permit from St. Johns Water Management is required that she has not seen.
Ms. Metcalf stated the road must be brought up to the 10-foot minimum where it’s currently 7 feet 9 inches including using the traffic calming devices and she feels it is not possible. She said there should be an intersection improvement for the dedicated right turn. She feels if the County is going to go down this path, it should be on the developer’s expense rather than the Seminole County taxpayers. She asked the Board to take into account Policy TRA 1.1.7 (received & filed) of the Comprehensive Plan as several criteria have not been met.
Commissioner Carey stated she feels that Ms. Metcalf misrepresented her in the petition she posted on the Seminole County website. She stated she spoke to Ms. Metcalf and advised her she was reviewing the facts, that she would make her final decision after she weighed all the facts and heard all the public input. She apologized that her opinion has been misrepresented by Ms. Metcalf.
Diane Abaray, 6685 South Sylvan Lake Drive, addressed the Board to state none of the surrounding residents are in favor of the project. She advised that most of the residents of the area purchased their property for the rural feel the property gives them and they do not wish to have the subdivisions near them. She said everybody, including Dr. Batchelor, was aware of what the zoning was at the time they purchased their properties.
Ms. Abaray feels approving this rezone will open the door for other large lots in Seminole County to be rezoned for more subdivisions in the future. She requested the Board deny the rezoning of this property.
Joe Cirillo, 6505 South Sylvan Lake Drive, addressed the Board to state he feels that not every small parcel of land should be developed. He opined the area schools are already overcrowded and wildlife is being displaced and forced to hunt for food in residential neighborhoods. He requested the Board deny the rezone.
Scott Green, 6700 South Sylvan Lake Drive, addressed the Board to state he has been a resident of South Sylvan Lake Drive for 24 years. He said he did not oppose any development that has gone on to date. He feels that the road is unique as it has a lot of community activity. He feels that by rezoning this property, it sets a precedent for other parcels that are on the road and adjacent to the road. He requested the Board not allow this to move forward.
Lisa Metcalf stated she would be speaking on behalf of her son, Austin Metcalf. She stated that according to the Manual on Uniform Traffic Control Devices (MUTCD) and the Florida Department of Transportation (FDOT), the sidewalks will be five feet with truncated domes. She said the reason sidewalks are five-foot wide is so that a person who is wheelchair bound can pass another person in a wheelchair.
Ms. Metcalf feels that the expense for the sidewalks should not go into the sidewalk improvement fund, as that is funded by the One-Penny Sales Tax. She feels the money would be better spent on projects that are needed to bring older communities into concurrence.
Ms. Metcalf displayed a photograph (received & filed) depicting bicycle traffic on South Sylvan Lake Drive. She stated the road is a pathway to Lake Sylvan Park and the Seminole Soccer Complex. She advised that South Sylvan Lake Drive and Lake Markham Road are the only ways to get into the complex. Because Lake Markham Road is underdeveloped, South Sylvan Lake Drive bears most of the traffic.
Ms. Metcalf stated she is willing to deed her land and the property next door never to have more than one home per acre. She opined that the rezone is not proper use for this land. She stated she met with Mr. Goldberg to try and come to an agreement and there was no resolution. She has put a lot of work into her property and does not mind if people want to enjoy it, but feels she deserves peace and quiet.
Attorney Ross Bieling, 7000 South Sylvan Lake Drive, addressed the Board to state he sued Seminole County in the early 1990s regarding Lake Sylvan Park because they wanted to turn the park into a National Football League (NFL) spring training facility. He feels citizens should not have to spend their time and money to ensure things are done properly. He agrees with the Planning & Zoning Board that this rezone should be denied. He suggested they truncate the property and feels 11 homes are too many.
Debbie Peters, 459 Still Forest Terrace, addressed the Board to state she and her husband are under contract to purchase on South Sylvan Lake Drive. She has been a Seminole County resident since 1986 and she and her husband plan to retire here. She thinks it is already a high traffic road and feels like this rezoning will only make it worse. She expressed that she does not want the road to change.
James Vickoryous, 6460 South Sylvan Lake Drive, addressed the Board to state he and his wife moved to Seminole County 10 years ago and it is a unique place to live. He stated there was a lot of traffic from Lake Sylvan Park, Wilson Elementary, bicyclists, and other contributing factors and feels the additional traffic associated with the 11 homes to be added will affect the safety aspect of the road. He feels the applicant has the right to develop the property, but feels 11 houses are too many.
Dr. Graham Bell, 1840 Wild Ruth Trail, addressed the Board to express his concerns about where the wildlife will relocate if this rezoning is approved. He stated he loves the rural atmosphere of his property and hopes the Board does not approve the rezone.
Speaker Request Forms were received & filed.
No one else spoke in support or in opposition.
Nicole Guillet, Development Services Director, addressed the Board to refer to the Small Scale Future Land Use Amendment & Rezoning Amendment Justification Statement document that gives a detailed analysis of compliance with the Comprehensive Plan. That report shows an analysis of the impact of the proposal at two and a half units per acre versus a development at one unit per acre. A specific requirement for development within the Lake Sylvan Transitional Area Policy 12.2 of the Comprehensive Plan requires that any proposal for development over one unit per acre demonstrate that the impact on the area specifically with regard to groundwater and other issues be comparable to that of one unit per acre. She added that Planned Developments no longer require 30 acres.
Commissioner Carey stated anybody has a right to request a consideration of a rezoning and this project is allowable under the East Lake Sylvan Agreement, WRPA and the County’s rules.
Upon inquiry by Chairman Dallari, Lee Shaffer, Engineering Division, addressed the Board to state that a lot of times in order for the drainage to work, the sites have to be graded to direct their runoff to their retention pond. By having the vast majority of the yards drain out to the street and subsequently to the Buckingham drainage system, it is typical when you have to fill the back few feet of a residential property slope the opposite way, but that is only permitted if more property was draining that direction in the first place.
Upon further inquiry by Chairman Dallari, Mr. Shaffer stated the applicant has not submitted a topographic survey, which they will need to do for their design, but based on the smaller size of the property and the fact they are in between Ms. Metcalf and Mr. Owen, there likely wouldn’t be a drastic elevation difference.
Mr. Shaffer stated the current width of South Sylvan Lake Drive is 18 feet with two 9-foot lanes. The County would require them to widen the road to 20 feet, which is in the new Engineering Manual. The road would have to be widened from the corner of Orange Boulevard and South Sylvan Lake Drive to the entrance of Primrose School. He stated they would be obligated to put a five-foot sidewalk along their frontage.
Mr. Madden stated there is no buffer on Buckingham Estates. The rear lot lines abut contiguous with Mrs. Metcalf’s west and south property line. He is proposing a minimum 20-foot buffer between the rear of the applicant’s lots and Ms. Metcalf’s property line. If Buckingham didn’t raise the rear-lot grades to drain the rear lots towards the streets, there would have been drainage that would have been falling onto Ms. Metcalf’s property and that is why that was raised.
Mr. Madden opined that the property belongs to Dr. Batchelor and it is his right to develop it in a similar fashion to everything surrounding the property.
Chairman Dallari submitted letters of opposition and a letter from the Black Hammock Association for the record (received & filed). He stated he had discussions with a few of the homeowners and will be basing his decision based on the information that has been presented today during the public input.
Commissioner Carey submitted her ex parte communications (received & filed) which consist of all the information she has received, phone calls, conversations and meetings she has had regarding this request.
Commissioner Horan stated he had an ex parte meeting with Mr. Madden and Mr. Goldberg after the Planning & Zoning meeting and he was able to see the proposed Development Plan. He will be basing his decision in a legislative and also in a quasi-judicial capacity based entirely on the evidence adduced in the record and at the public hearing.
Commissioner Henley advised he had a brief meeting with Mr. Madden regarding the rezone as well as emails that have been added to the record.
Commissioner Constantine stated he had meetings with Mr. Madden and his client as well as telephone discussions with some of the residents in the area as well as the same letters and emails all the commissioners have received.
Upon inquiry by Commissioner Henley, Lynn Porter-Carlton, Deputy County Attorney, stated the Board needs to base its decision on the compatibility of the proposal with the County’s Comprehensive Plan and development standards.
Upon further inquiry by Commissioner Henley, Ms. Porter-Carlton advised the owner of a property has certain rights to request development of his property in accordance with the County’s Comprehensive Plan. She stated she cannot address a specific Bert Harris Act complaint until one is received by the County, but the Board is to base their decision on the testimony presented and the County’s Comprehensive Plan. The Board will act in a legislative capacity as far as the Comprehensive Plan Amendment request and in a quasi-judicial capacity as it relates to the rezoning request.
Upon inquiry by Chairman Dallari, Ms. Porter-Carlton advised the Bert Harris Act states that if action of the local government deprives a private property owner of the reasonable use of his property, there is the potential for an action to be brought against the local government. The decisions are made by the Court.
Upon inquiry by Commissioner Henley, Ms. Porter-Carlton advised if the County denies a private property owner all beneficial use of their property, then the County can be forced to buy the property.
Commissioner Henley stated the Board is confronted continuously with property owners and neighbors who don’t want a development or a rezone, but they cannot simply arbitrarily deny it without valid reasons.
Upon inquiry by Commissioner Constantine, Ms. Porter-Carlton advised that when the Board is approving a Comprehensive Plan Amendment, they are making a policy decision. They are required to look at the facts and determine whether it is appropriate to change the Comprehensive Plan. They are not compelled to do so, but if the evidence presented to the Board convinces them that it is appropriate to make that policy decision, that is the appropriate course of action.
District Commissioner Carey stated she understands the emotional pleas of people who do not want their neighborhood to change. She advised the Board is required to look at things under fact, not emotions. She feels this request is compatible with the area around it.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve Ordinance #2014-16, as shown on page ______, enacting a Small Scale Future Land Use Amendment from Suburban Estates to Planned Development; to approve Ordinance #2014-17, as shown on page ______, enacting the associated Rezone from A-1 (Agriculture) to PD (Planned Development); and to approve the associated Master Development Plan and Development Order, as shown on page ______, for 4.8 acres, located on the south side of South Sylvan Lake Drive, west of Orange Boulevard, as described in the proof of publication, Allan Goldberg.
Under discussion, Commissioner Horan said he echoes the comments of Commissioner Carey with regard to those kinds of considerations. He advised they operate by rules that are set up by the State in terms of its Comprehensive Land Use Planning Statute. When the Board adopts land-use policies and rezoning classifications, they are acting in both a legislative capacity with regard to the land use and also in a judicial capacity with regard to the rezoning. He stated the Planning & Zoning Board makes recommendations to the BCC, and the BCC makes decisions based upon the law. He advised that based on the evidence, the proposal complies with the requirements of Comprehensive Plan Policy 12.2, which states that developments exceeding one unit per buildable acre in the East Lake Sylvan Transitional Area must use clustering to minimize impacts to natural resources. He stated that based on the evidence in the record from a legislative capacity, the Board should be passing the Land Use Amendment and from a capacity in terms of the rezoning, there is enough evidence in the record to support the finding that there should be a rezoning from Suburban Estates to Planned Development.
Commissioner Constantine stated he does not feel compelled to approve what the Planning & Zoning Board voted on. Therefore, he will be voting against the motion.
Commissioner Henley advised that he has to support this because he took the oath to uphold the laws and the regulations of this County and by voting against it, he would not be doing so. He stated that nobody was sworn in today, and the Board relies on people stating their concern and interest, but in order to make a decision, the Board has to look at the rules, regulations, and law, and base their decisions upon the evidence that has been provided to them by the professional staff, attorneys, as well as information from the public. He stated he will be supporting approval because the applicant has met all of the requirements.
Commissioner Horan stated it is important to consider that our legislative land-use policies take into consideration the different land uses in all different areas of the county. Roughly 30 percent of the county has been dedicated to rural land uses by Charter Amendment as well. They have to take the entire county into consideration when they have a land-use issue.
Chairman Dallari echoed what Commissioner Henley stated. He advised they have to look at the evidence that has been presented and make their decision based on the evidence presented. They are required to follow the rules and regulations that are presented to them by the State of Florida.
Districts 1, 2, 4 and 5 voted AYE.
District 3 voted NAY.
Chairman Dallari recessed the meeting at 3:25 p.m., reconvening at 3:35 p.m.
SUNSET ROAD REZONE/LUIS CRUZ
Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance enacting a Rezone from A-1 (Agriculture) to R-1 (Single Family Dwelling) for nine acres located at the intersection of Center Drive and Sunset Road, Luis Cruz, received & filed.
Joy Giles, Planning & Development, addressed the Board to present the request as outlined in the agenda memorandum.
Ms. Giles stated the applicant is requesting a rezone to develop the subject property as a single-family, residential subdivision with a minimum lot size of 8,400 square feet. The subject property has a low-density, residential Future Land Use, which allows for a maximum of four dwelling units per net buildable acre. The R-1 zoning classification is consistent with the Seminole County Comprehensive Plan and is compatible with the surrounding area.
The Planning & Zoning Commission voted unanimously to recommend approval of the request. Staff recommends approval of the request.
Chairman Dallari advised the applicant and property owners have waived their right to a presentation and stated he agrees with staff’s recommendation.
Darryl Malcomb, 1200 Sunset Road, addressed the Board to state he is in support of the request.
No one else spoke in support or in opposition.
District Commissioner Dallari recommended approval of the request per staff’s recommendation as presented in the packet.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt Ordinance #2014-18, as shown on page ______, enacting a Rezone from A-1 (Agriculture) to R-1 (Single Family Dwelling) for nine acres located at the intersection of Center Drive and Sunset Road, as described in the proof of publication, Luis Cruz.
Districts 1, 2, 3, 4 and 5 voted AYE.
Edward Riordan, 1793 Seneca Boulevard, addressed the Board to commend Commissioner Horan for comments that he had made in an email exchange regarding his concerns with the County spending $50,000 to hire a political consulting team of strategists to create a public information office to promote the proposed sales tax to the County residents.
Mr. Riordan distributed a series of emails (received & filed) between himself and Commissioner Horan. He stated Commissioner Horan advised he personally opposes the $50,000 expense and believes the County’s elected officials should be accountable to the voters for the $631 million sales tax the Board supports. He believes the Board does not need a professional public relations representative to speak for them.
Mr. Riordan requested the Board make a motion to vote against spending $50,000 to hire a political strategist to represent the Board in matters they should be accountable to the public for directly. He feels it is wrong to use the taxpayers’ dollars to fund what amounts to a political campaign that will be designed to promote and support the proposal. He stated he respects Commissioner Horan for his political courage and would like to see the rest of the commissioners do so.
Commissioner Henley stated he intends to attempt to raise the money from the private sector to help the County do the job. He advised the Board has a responsibility to educate the public and cannot use tax dollars to advocate for a position. He stated the purpose of the educational program is to help people understand the circumstances of why the Board is asking them to make a decision.
Commissioner Henley advised the County has cut 140 employees because they could no longer pay them and have a balanced budget. He added they have cut taxes four times since he has been on the Board. He stated he appreciates Mr. Riordan coming forward and stating his position.
Commissioner Carey stated one of the positions they eliminated in the budget cuts was the Public Information Officer. Previously when they have gone out for the One-Cent Sales Tax, the Public Information Officer was the person who relayed the information to the citizens so they understood the facts.
Upon inquiry by Commissioner Carey, Jim Hartmann, County Manager, stated this was purely an effort in order to assist staff in the organization to put together a robust public-information program and give some advice on how best to reach all areas of the government. The $50,000 came from a purchasing limit, which is an upward limit that was allowed under signature. They don’t have the intention of spending $50,000 on this effort.
Mr. Hartmann stated it is the staff’s feeling that having some professional advice would serve them well. They want to make sure the information they give to the public is sufficient. He advised if the Board does not want to use this approach, they will reallocate resources and find them within the organization.
Commissioner Horan stated per a discussion with Mr. Hartmann, it was his impression the County was going to hire professional public relations people who would assist them in getting information out to the public. He feels that as one of the five commissioners, it is his duty to explain the reasons they are asking the public to tax themselves. He stated he is uncomfortable having somebody else do that job.
Commissioner Horan stated he will not make a motion to have this particular matter handled by the Board because Mr. Hartmann was asked to have his staff provide information to the public. He stated the County Charter states that as a County Commission, they act in a legislative capacity and a judicial capacity at times; they have no executive powers. He stated that although he is uncomfortable making a motion on this subject, he would not be opposed to going in front of the public.
Commissioner Carey advised the County Manager has to figure out how to do what he is directed to do by the Board, and once the Board decided to move forward with the One-Cent Sales Tax, it is their responsibility to educate the citizens of Seminole County.
Upon inquiry by Commissioner Carey, Mr. Hartmann advised the first order of business was to have the initial meeting to work on the plan with somebody who has put together these plans before. He stated that will help define what the scope of the effort will be and what that may cost and/or what internal resources they may be able to bring to that. He feels before he can redirect people in this organization, they need to have some discussions and he needs to be able to pay somebody some amount of money in order to have that initial discussion.
Commissioner Carey advised that they will be out talking to the public, generating fact sheets and information and material they can hand out to the public based on their own presentations, and she hopes whoever is hired to assist with this will take the information that is being generated throughout the county and represent the County on this tax issue.
Commissioner Horan said he hopes that the plan includes the involvement as much as possible of the elected officials so the Board can do the job that the public wants them to do.
Mr. Hartmann stated the intention of this initiative was not to hire somebody to be the spokesman for the County.
Commissioner Constantine stated he agrees with Commissioner Horan that they will all be looking at this from purely an educational standpoint. He advised the Board will do their part to educate the constituency and he believes that is what they are required to do.
Arnold Schneider, Deputy County Attorney, addressed the Board to advise of a conference call with the Florida Association of Counties (FAC) regarding the overbilling of the State to Seminole County for the Department of Juvenile Justice (DJJ). He stated Senate Bill 15.32 was introduced by Senator Bradley and the State is now talking about in the House retroactively applying to make the counties at least partially whole from what happened in years past. Senate Bill 15.32 does away with the prior formula in Chapter 985 Section 686 that dealt with predisposition versus the post disposition split and goes to a more simple formula of a 50/50 split between the State and the County with aggregate days irrespective of predisposition or post disposition. It then takes that aggregate number of days, looks at the actual number of days per county, and that is the share based on the percentage of that number.
Mr. Schneider stated the reason he has nothing in writing is the House leadership wants to know that there is at least some support of this at the County level before they will even reduce this proposal to writing. He said the House is talking about taking the $4.7 million owed for the DJJ and reducing it to about 45 cents on the dollar. They also suggested amortizing the payments without interest over 23 years.
Upon inquiry by Chairman Dallari, Mr. Schneider stated there was no guarantee that this would get out of the House or get onto Senator Bradley’s Bill.
Upon inquiry by Commissioner Carey, Mr. Schneider advised the State has the authority to decide when and how the money is to be paid back to the County.
Commissioner Carey advised when she spoke with Governor Scott that they discussed the letter the Board sent to him regarding this particular issue, and he was under the impression there was money in the budget for repaying what was owed on the DJJ issue and to fund it going forward. She advised she spoke to Bobbie Brantley who checked with the Governor’s budgeting people and there is not money to go back in this budget year and repay all the debt across the county, but there is money to fund it going forward. She said she will relay that information to Governor Scott. She feels that something is better than nothing and they should attempt to negotiate the strongest deal they can and to work it at every angle.
Mr. Schneider agreed with Commissioner Carey. He advised the reason she got the feedback that there may not be enough money now is that they are not talking about a settlement just with the parties like this County that litigated for the last three or four years, but extending it statewide through all of the counties, even those that did not litigate, in which case the number is over $200 million for the years in question.
Chairman Dallari stated he would like Commissioner Carey to reach out to Governor Scott. He expressed that he was upset because they went to an Administrative Law Judge on this issue who ruled on the County’s behalf. They then went to an Appeal Court, who also ruled on the County’s behalf.
Commissioner Carey advised that the Courts did not rule that the State had to repay the money.
Mr. Schneider explained the litigation is technically not yet concluded. He said they have an appellate ruling on the invalidity of the DJJ’s layout they have set up. He said the substantive cases are on abatement pending conclusion of the legislative session.
Upon inquiry by Chairman Dallari, Mr. Schneider said the County cannot appeal its lawsuit at this date. He advised the County has a stipulation of facts from the DJJ for each of the applicable years in litigation where they have admitted that everything they did was wrong and invalid. At that point, the Administrative Law Judge remanded the cases to the Department Secretary to issue the final order, which is required under Chapter 120. Simultaneously with that, there was a stipulated motion to abate the cases, put everything on hold, to see if this could be resolved legislatively. He advised they do not have final judgments as to the years in question. They only have a judgment that says that DJJ did not follow the law and everything has stopped pending to see where they are with the Legislature. He stated even if they turned down the offer, there is still a way to go to get a final order out of the Department Secretary and then possibly an appeal back up to the First District Court of Appeals.
Commissioner Horan stated any court does not have the power to enforce its own judgments. He doesn’t know that the Board needs to give direction right now or not.
Mr. Schneider stated nothing was in writing yet. He advised he hasn’t had the benefit of talking to a legislative director.
Upon inquiry by Commissioner Carey, Mr. Schneider stated the conference call he had this morning was with FAC and the other County Attorneys representing counties that have litigated similar matters over the years.
Ms. Porter-Carlton stated she was part of the call also. She advised they were informed FAC was preparing a five-year history of what each county has paid and what they would be expected to pay under this new proposal. She added their goal was to send that information to the County today. She informed the Board that under this proposal, it would require a recurring annual appropriation by the Legislature to fund it. If the litigation were to be resolved and they accept the payment over the 23 years, there is no guarantee that it would be funded.
Upon inquiry by Chairman Dallari, Mr. Schneider advised he was researching the County’s options. He advised that getting a writ of mandamus, which is to compel the Legislature to appropriate money, is probably not attainable. He feels they do not have any really good options. He stated that Chapter 120 of the Administrative Legal Proceeding is what the Legislature has already prescribed as a means to resolve these kinds of cases.
Commissioner Constantine opined the counties that have dollars owed to them that are no longer in the system need to find some way to close the books and get the highest compensation they can.
Chairman Dallari stated he was not interested in FAC’s proposal. He feels the Seminole County Sheriff’s Office is doing a great job and thinks the Sheriff needs to continue running the DJJ.
Commissioner Carey advised she is impressed with the DJJ since the Sheriff has been running it.
Chairman Dallari feels the State needs to reimburse the County for the damages incurred to the DJJ.
Mr. Schneider stated it did not take long after writing Chapter 985 Section 686 with the predisposition/post disposition split to start veering off as the financial pressures grew.
Ms. Guillet advised the “springs” bill has been filed and there has not been any movement. The bill is scheduled for the first committee in the Senate this week. There is no movement on the one in the House. They are both headed to three committees.
She discussed the Communication Service Tax and the two bills for the Sales Tax on Commercial Transactions. The Governor’s tax reform budget considers this will be reduced by half a cent.
Ms. Guillet stated the “E911” bill was discussed last year. Prepaid telephone cards are not subject to the E911 tax. As part of that bill, there is a proposed reduction to the overall wireless communication tax which would make this revenue neutral. She said in the first few years, there would be a deficit of about $13 million. The Governor’s budget has included that $13 million to fill the gap, but they still haven’t settled on the actual rate that they would reduce the overall tax in order to make things revenue neutral.
Ms. Guillet advised regarding growth management, there was a transportation bill that would prohibit local governments from imposing transportation impact fees on certain nonresidential developments and that is moving through the legislature this year pretty quickly, but the Board can override that prohibition by a simple majority vote.
Ms. Guillet stated on a federal front, SunRail made it into President Obama’s budget. It was about $20 million short of what the County thinks it needs, but they are in there, which means they can keep working on moving it up. On March 4th the House passed a “flood insurance reform” bill that corrected a lot of issues that were of concern to the citizens of Florida. It restores some of the more favorable rates to residential properties. The Senate just postponed implementation of the Biggert Waters Act.
Chairman Dallari requested approval to appoint Keith Weissman to the Animal Control Board.
Motion by Commissioner Horan, seconded Commissioner Carey to adopt appropriate Resolution #2014-R-69, as shown on page ______, appointing Keith Weissman to the Animal Control Board for a one-year term, ending January 1, 2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari advised SunRail will be open to the public on May 1st. The State is having a grand opening on April 30th.
Discussion ensued regarding the commissioners representing their districts and riding the SunRail to the Sand Lake Road Station.
Commissioner Constantine felt it was very considerate of staff to put this together.
Ms. Guillet advised the train will be at each stop for seven minutes, so if the commissioners want to be at the station and make any comments, they have to be there before the train stops.
Chairman Dallari requested that staff make sure notices are sent out indicating that there will be public meetings for all stations.
Ms. Guillet advised there will only be elected officials on the train. She added three of the cities are planning to have pre-celebrations at the stations. Department of Transportation (DOT) offered to have a train there if they want to do something. Lake Mary is having their celebration in conjunction with their Annual Family Fun Day. Longwood has an event and staff is working with Sanford on an event.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter with attachment dated February 10, 2014 from Randy Woodruff, City of Winter Springs, RE: Proposed Small Scale Plan Amendment located north of SR 434 and west of DeLeon Street. (C: BCC, County Manager, Development Services)
2. Notice of Public Hearing received February 12, 2014, from City of Lake Mary RE: Consideration of a Site Plan for the Central Parc Heathrow (and office and retail development) located at the Southwest corner of International Parkway and Heathrow Park Lane. (C: BCC, County Manager, Development Services)
3. Letter dated February 13, 2014 from Father Steve Boes, Boys Town, to Chairman Robert Dallari RE: Appreciation of Seminole County’s donation of $46,720 to Boys Town. (C: BCC, County Manager)
4. Letter dated February 25, 2014 from Marva Johnson, Bright House Networks, to Chairman Robert Dallari RE: Upcoming programming changes to Bright House Networks’ customers. (C: SGTV, County Manager, Michael Champagne, Bright House Networks)
5. Copy of letter dated February 25, 2014 from Seminole County Board of County Commissioners to Governor Rick Scott, Senator Don Gaetz, and Speaker of the House Will Weatherford RE: Billing for Secure Juvenile Detention. (C: BCC, County Manager)
6. Letter dated February 25, 2014 from Keith Glatz, Florida Association of Public Procurement Officials, Inc., to Chairman Robert Dallari RE: Award of Excellence in Public Procurement for 2014 to the Seminole County Government Purchasing and Contracts Division. (C: BCC, County Manager)
7. Letter dated February 25, 2014 from Cynthia Porter, City of Sanford, to Chairman Robert Dallari RE: Mayor Jeff Triplett’s appointment of City Manager Norton Bonaparte, Jr., to the Tourism Development Council, and Commissioner Velma Williams as the alternate. Also, Mayor Triplett will serve as the representative on Envision Seminole with Commissioner Velma Williams as the alternate. (C: BCC, County Manager)
8. Letter dated February 25, 2014 from Cynthia Porter, City of Sanford, to Chairman Robert Dallari RE: Mayor Jeff Triplett’s reappointment of Commissioner Randy Jones and appointment of Russ Gibson to the U.S. 17-92 RPA. (C: BCC, County Manager)
9. Copy of letter dated February 25, 2014 from Chairman Robert Dallari to Lawrence Pultz, DVM, RE: Appointment as the veterinarian representative to the Animal Control Board. (C: BCC, County Manager, Animal Services)
10. Letter dated February 27, 2014 from Jason Brodeur and Ava Henderson, Seminole County Regional Chamber of Commerce, to Chairman Robert Dallari RE: Appreciation for partnering with the Chamber for the Annual State of the County Luncheon. (C: BCC, County Manager)
11. Letter dated March 4, 2014 from Ana Richmond, Florida Department of Economic Development, to Chairman Robert Dallari RE: Review of Comprehensive Plan Amendment adopted by Seminole County on January 14, 2014 (Amendment No. 14-1ESR). (C: BCC, County Manager, Development Services)
12. Letter dated March 6, 2014 from Congressman John Mica, U.S. House of Representatives, to Chairman Robert Dallari RE: Update on Modeling and Simulation Industry. (C: BCC, County Manager, Engineering)
13. Letter with attachment dated March 7, 2014 from Jim Leftheris, Florida Department of Environmental Protection, to Chairman Robert Dallari RE: Notice of Intent to Sell Surplus Property. (C: BCC, County Manager, Public Works, Development Services)
DISTRICT COMMISSIONERS/COMMITTEE REPORTS
Commissioner Carey suggested they cancel the second BCC meeting in May since Memorial Day falls on the day before.
Motion by Commissioner Carey, seconded by Commissioner Horan, to cancel the following BCC meetings: May 27, July 8, November 25, and December 23, 2014.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey advised there was a welcome-home event on March 1st sponsored by the U.S. Department of Veteran Affairs (VA) at the Central Florida Zoo. There are almost 32,000 veterans in Seminole County. She added there is a Stand Down in the near future and she will get the date out soon. The Zoo opened with no admission fee for veterans and she heard a lot of positive feedback about the event.
Commissioner Carey stated the Florida Fish and Game held a bear-management neighborhood meeting on March 4th and there were about 150 attendees. She has been meeting with the two garbage haulers in the area to discuss the bear-proof garbage cans. They have also requested a grant from Florida Fish and Game to educate the public about what they can do. She hopes by the end of the month they will have their final meeting with the two garbage haulers to come up with a program. She stated they would have to make a change to the ordinance and a change to the agreement with the haulers. Right now the ordinance states a 50-gallon container is the largest container anyone could have, and the containers they are considering for this purpose will be 64-gallons. The plan is to determine the type of container they will use, buy them in bulk to save money for the citizens, and then organize a program where citizens would pay for “bear pickup.” She advised that she and Mr. Forte will have a meeting with Florida Fish and Game and then the ordinances will come forward to make those amendments.
Upon inquiry by Chairman Dallari, Commissioner Carey stated the two garbage haulers will be able to handle the heavier trash cans. She spoke with the president of Wingfield, who is considering making this mandatory in their community. She advised that the homeowners association has to wait until Waste Pro and Advanced Disposal agree and the County amends their contract to allow it.
Commissioner Carey stated she attended the Seminole County Prayer Breakfast. She thanked Chairman Dallari for sharing the table and Commissioner Henley for attending as their guest. She stated it was a well-attended event.
Commissioner Carey wished everybody a happy St. Patrick’s Day.
Commissioner Horan stated he spoke to the Casselberry Chamber of Commerce this past week on County, City and School Board budgetary issues as it relates to the One-Cent Sales Tax. He advised it was very well received and all the business community there seems to be on board in supporting that.
Commissioner Horan congratulated the Oviedo-Winter Springs Chamber of Commerce for its Taste of Oviedo event that he attended and said it was an amazing event.
Commissioner Horan commended Creative Sanford for this year’s Celery Ball. He stated it was well-attended. He believes they raised a large amount of money that night for a very good cause.
Commissioner Horan advised the Boys & Girls Club will be having their Celebrate the Children event next month in Orange County. He added that he hosted a private fundraising reception called the Shamrock Celebration for benefactors of the Boys & Girls Club at his home on Friday evening to thank people who have been benefactors of the Boys & Girls Club in the past.
Commissioner Constantine stated he was impressed that 150 people attended the Bear Management meeting showing their concern both for the protection of the bears as well as the protection of their back yards and homes.
Commissioner Carey advised there were two distinct groups of those who thought that there should not be any bears in the communities and those who thought that we should leave the bears alone because we moved into their space.
Commissioner Constantine stated he attended the Career Source Board as well as the Military Workforce Group EDC on behalf of the Chairman. He added that he and Chairman Dallari attended a number of events at the Wekiva Paint Out and it was a tremendous success. The Central Florida Regional Planning Council will be having its Board meeting on March 19th. He added that he is hosting the United Cerebral Palsy Event on March 15th at the Rosen Hotel.
Chairman Dallari commended the individuals in charge of the Wekiva Paint Out for putting on a great event, raising the money for a good cause, and building the facility in six weeks after it was burned down.
Commissioner Henley advised at the last SunRail Commission meeting Mayor Teresa Jacobs was elected unanimously as the Chair. He was pleased that President Obama mentioned SunRail in his budget proposal for $63 million because it made them eligible to receive funds in the future.
COUNTY MANAGER’S REPORT
Mr. Hartmann advised on February 28th he submitted a letter (not received and filed) of resignation to Chairman Dallari and announced his selection as the County Manager in Wake County North Carolina. He presented a request for an amendment to his contract, which would release him from a 60-day notice requirement and set his final day of employment with Seminole County as March 28th.
Mr. Hartmann thanked everyone for the time he has served as the County Manager and stated it has been a pleasure serving the Board, staff and the community. He said he knows it is a premature exit, but he thinks from a career opportunity it is a very important move and thanked the Board for their support.
Chairman Dallari thanked Mr. Hartmann for the work he has done for Seminole County. He congratulated Mr. Hartmann on his new position.
Chairman Dallari distributed Mr. Hartmann’s employment agreement (received & filed) and recommended that they amend his contract to make his last day be the end of this month. He stated he would like to schedule a work session with the Board, Acting County Manager, and County Attorney to discuss responsibilities, goals and objectives as well as roles so everyone understands working relationships. He feels it is important to appoint an Acting County Manager to keep not only the Board moving forward, but the community moving forward. He recommended they appoint Nicole Guillet as the Interim County Manager.
Motion by Commissioner Henley, seconded by Commissioner Carey, to appoint Nicole Guillet as the Interim County Manager.
Under discussion, Commissioner Henley stated he supports moving forward with a work session with interaction with Board and staff.
Commissioner Constantine stated he feels it is very important for anyone to succeed in the position of County Manager to have a clear vision of the relationship as it is expressed in the Charter. He said the Board needs to evaluate how they are dealing with the staff at the executive level as well as the middle and all the way down through the ranks. He opined that in order to be successful, they all need to be on the same page. He expressed concern that they are rushing to appoint an Interim County Manager before having an opportunity to have any discussions prior to the appointment.
Commissioner Henley stated he appreciates Commissioner Constantine’s concern, but feels it is important for the Board to name an Interim County Manager so the current County Manager will be able to relay the matters that he has been dealing with.
Commissioner Carey advised if they wait until the next meeting on March 25th, that would only leave three days for him to brief the Interim County Manager. She feels it is important that the Interim County Manager has some time with the County Manager to transition over into the acting role. At a later time, the Board can decide how they want to move forward.
Commissioner Horan stated he has no problem going forward now and selecting an Interim County Manager. He suggested a reference in the contract to Mr. Hartmann communicating with the future County Manager regarding matters that were dealt with by Mr. Hartmann while he was in office.
Mr. Hartmann stated he does not oppose anything in the contract saying he will be available for a longer period of time to answer any questions. He advised that contractually he feels 90 days is an appropriate timeframe. He stated that professionally, if something arises and they need his counsel, he will be there.
Districts 1, 2, 4 and 5 voted AYE.
District 3 voted NAY.
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Motion by Commissioner Constantine, seconded by Commissioner Horan, to amend Mr. Hartmann’s contract, as shown on page _______, making his last day March 28, 2014, waiving the 60-day advance notification of the voluntary resignation requirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari advised he asked the County Attorney to put an agreement together for the Interim County Manager (received & filed).
Ms. Porter-Carlton advised the employment agreement would provide the beginning date for the Interim County Manager.
Mr. Hartmann stated he would be here through March 28th.
Ms. Porter-Carlton advised the contract provides for a 10% supplement to the salary and provides for vehicle allowance in lieu of providing a county vehicle.
Motion by Commissioner Carey, seconded by Commissioner Constantine to approve the Employment Agreement, as shown on page _______, for Nicole Guillet to serve as Acting County Manager.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S REPORT
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:56 p.m., this same date.