BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 13, 2012
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, March 13, 2012, in
Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman Carlton Henley (District 4)
Commissioner
Bob Dallari (District 1)
Commissioner
John Horan (District 2)
Commissioner
Dick Van Der Weide (District 3)
Clerk
of Circuit Court Maryanne Morse (late)
County
Manager James Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Jane Spencer
Major Tim Roberts, Salvation Army, Sanford, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, addressed
the Board to advise that, under the Regular Agenda, he is pulling Item #19,
authorize the scheduling and advertising of a public hearing for proposed
Ordinance regarding the Deferred Compensation Plan. He advised that the Industrial Pretreatment
Ordinance will be heard on March 27 instead of today as announced at the February
28 meeting due to advertising deadlines.
Motion by
Commissioner Dallari, seconded by Commissioner Van Der Weide, to authorize and
approve the following:
County Manager’s
Office
Purchasing &
Contracts Division
1. Approve
an increase to the Board-approved Estimated Term Usage for Master Services Agreement
(MSA) PS‑2144‑07/BHJ, Final Design for SR 46 Gateway Sidewalk Projects,
by an additional $137,761 over the term of the MSA.
Community
Services
Business Office
2. Accept the
executed Warranty Deed, as shown on page _______, from Milestone Social
Services for parcel #07‑21‑30‑505‑0D0‑0170 which
was donated by Miller Construction under the Neighborhood Stabilization Program
(NSP) in 2011.
Community Assistance Division
3. Approve and authorize the Chairman to execute
the Assumption of Mortgage Agreement, as shown on page _______, with John
Watkins, III, for the SHIP affordable housing mortgage encumbering the real
property located at 203 Harris Street, Altamonte Springs, Florida.
4. Approve
acceptance of Utility Easements, as shown on page _______, in Jamestown
Subdivision and authorize Community Assistance staff to process payments in the
amount of $1,844 for two utility easements.
5. Approve
the Substantial Amendment, as shown on page _______, to the Neighborhood
Stabilization Program 3 (NSP3) Action Plan which includes the addition of the
Alafaya Woods and Antigua Bay vicinities as NSP3 target areas with an increase
in budget for NSP3 rental activities in the amount of $1,000,000 and decrease
the resale activity in an equal amount.
6. Approve
and authorize the Chairman to execute the HUD Neighborhood Stabilization
Program Three Agreement, as shown on page _______, for Acquisition,
Rehabilitation, and Resale of six Single‑Family homes among Seminole
County, Florida, Habitat for Humanity of Seminole County and Greater Apopka,
Florida, Inc. and Seminole Youthbuild, Inc. with maximum Acquisition and Rehabilitation
of $175,000 per home.
Fiscal Services
Business Office
7. Approve
and authorize staff to continue with the Adult Drug Court Discretionary Grant
Application, as shown on page _______, through the Bureau of Justice Assistance
in the amount of $150,000.
Budget Division
8. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-63, as
shown on page _______, implementing Budget Amendment Request (BAR) #12‑048
in the amount of $55,400 through the General Fund & Economic Development
Trust Fund to provide funding for a Qualified Target Industry Grant Award
assigned to Pershing LLC in the amount of $106,400.
9. Approve and authorize the Chairman to execute appropriate
Resolution #2012-R-64, as shown on page _______, implementing Budget Amendment
Request (BAR) #12‑052 through the Community Services Grant Fund and the
General Fund in the amount of $249,924 to recognize receipt of the Mental
Health Court grant award.
Growth
Management
Planning &
Development Division
10. Authorize the Chairman to
execute the Release of Lien, as shown on page _______, for Case No. 08‑169‑CEB,
on 5439 County Fair Court, Tax Parcel #31‑21‑31‑511‑0000‑0190,
previously owned by Dolores Hathaway and currently owned by The Bank of New
York Mellon f/k/a The Bank of New York, c/o Bank of America, NA.
Leisure Services
Tourism-CVB
Division
11. Approve and authorize the
Chairman to execute the Memorandum of Understanding, as shown on page _______,
between the Sanford Chamber of Commerce, Seminole County, the Metro Orlando
Economic Development Commission, the Sanford Airport Authority and Orlando
Sanford International, Inc. in the amount of $4,000 for Seminole County's
portion of the funding of two information booths at the Orlando Sanford
International Airport for FY 2011‑12.
Public Works
Engineering
Division
12. Approve and authorize the
Chairman to execute a Knollwood Subdivision Wall Agreement, as shown on page
_______, and an Escrow Agreement, as shown on page _______, in conjunction with
the widening of State Road 434 from Interstate 4 to Rangeline Road and to
provide necessary funding to the Knollwood Community Association to construct
an eight-foot wall along State Road 434.
13. Approve and authorize the
Chairman to execute an Utility Easement, as shown on page _______, between
Seminole County and Florida Power & Light Company involving County property
located at the corner of Beth Drive and Tangelo Drive and West 20th Street and
Martin Luther King, Jr. Boulevard; authorize and delegate the Public Works
Director signature authority to execute an Underground Distribution Facilities
Installation Agreement form, as shown on page _______, and authorize payment to
Florida Power & Light Company in the amount of $36,781.31.
14. Adopt appropriate Resolution
#2012-R-65, as shown on page _______, accepting two Temporary Construction
Easements, as shown on page _______, (Luis R. Nieves and Jennie Nieves and Long
Tran and Thao Phuong Tran) necessary for the realignment of Chapman Woods Place
in conjunction with the Chapman Road Widening Project.
15. Accept and authorize the
Chairman to execute two Purchase Agreements, as shown on page _______, with WD
State Road Investments, LLC and State Road Investments, LLC for Permanent
Drainage Easements and Temporary Construction Easements necessary for the
construction of the Sylvan Lake Outfall located on the north side of Lake
Sylvan to reduce the potential for flooding around Lake Sylvan.
Traffic Engineer
Division
16. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-66, as shown on page
_______, providing for an increase to the speed limit on Lake Emma Road from
Longwood Hills Road to Greenway Boulevard (1.5 miles) from 35 mph to 40 mph.
Under discussion, Commissioner
Henley stated that while he does not want to pull Item #12, approval of the
Knollwood Subdivision Wall Agreement, he would like to provide some information
with regard to the history of the situation.
He stated he first became aware that the Knollwood wall was being built
when the Board of Adjustment approved a waiver to an eight-foot wall. He explained that he called it forward for
the Board to ultimately make that decision since none of the Board had been
consulted, and he discovered one of the staff people had already sent a letter
to each individual homeowner approving the wall. He withdrew his objection so the credibility
of the Board would not be impacted.
Commissioner Henley stated that
according to former County Engineer Jerry McCollum, the wall (3,200 feet long)
would cost $100 per lineal foot and building it would call for the County to
pay for it. He stated he took exception
to that with staff. He explained that
the closing documents of each one of the land owners showed the State had
provided an incentive to sell to each one of them (one example was $38,700),
provided a land value for each parcel, and allowed an improvement for each
parcel and also for real estate damages, which is severance. On the example property, there was severance
of $65,100 with the cure being up to the landowner. He discussed some statements contained in the
closing statements regarding fees, costs, any business damages, claims, and two
warrants. Nowhere in the document is the
wall mentioned. Commissioner Henley
stated the wall is going on private property and his position is the County
does not normally build walls on private property. He described his heated discussions with DOT
regarding his opposition to using sales tax dollars to pay for the wall since
the Board was never consulted nor did they agree to it. After the debates, DOT agreed to pay for the
wall, which is why he is not asking that the item be pulled. The $798,000 is coming out of the approximately
$1 million of TRIP money that DOT added to the project.
Commissioner Henley stated he is
bringing this to the Board's attention and staff's attention that they need to
be more diligent in oversight to the State when they are using their dollars to
purchase property, particularly when they are talking about a 3,200-linear-foot
wall, before they commit to it. He was
concerned the Board might be setting a precedent with this type of action. He hopes in the future their management staff
will be a little more involved in these types of operations. Commissioner Henley stated to him, they are
paying for the wall twice when you pay for a cure allotment and then pay to put
up the wall and he hopes they don't enter into those types of agreements in the
future.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion by Commissioner Henley,
seconded by Commissioner Van Der Weide, to approve and authorize the following:
Clerk’s
Office
17. Expenditure Approval Lists, as shown on page _______, dated
February 13 and 20, 2012; approval of Payroll Approval List, as shown on page
_______, dated February 16, 2012; approval of BCC Official Minutes dated
February 14, 2012; and noting, for information only, the following Clerk’s “received
and filed”:
1. Work Order #5, as shown on page _______, to
RFP-5706-10.
2. Training
Provider Agreements, as shown on page _______, with the following: Stetson University, Inc.; Central Florida
Institute, Inc.; and First Responders Learning Center, LLC.
3. Change
Order #1, as shown on page _______, to Work Order #7 for CC-5075-10.
4. Amendment
#2, as shown on page _______, to IFB-600562-09 Term Contract, Orlando Paving
Co.
5. Work
Order #23, as shown on page _______, to RFP-5465-10.
6. Parks
Contracts for Services, as shown on page _______, for Tom Dallinga, Rolland
Shea, and Patricia Smith.
7. Amendment
#2, as shown on page _______, to Work Order #2 for RFP-6174-10.
8. Change
Order #1, as shown on page _______, to CC-6482-11.
9. Work
Order #12, as shown on page _______, to PS-2468-07.
10. Work
Orders #17, #19, #20, #21, and #22, as shown on page _______, to RFP-5465-10.
11. Utility
Agreements, as shown on page _______, for water and sewer with Fifth Third
Bank.
12. Amendment
#1, as shown on page _______, to RFP-600984-10, Florida Physicians Medical
Group d/b/a Newman Family Medicine.
13. Amendment
#1, as shown on page _______, to RFP-5847-10, HSA Golden, Inc.
14. Parks
Contracts, as shown on page _______, for Services for the following: Jan Kaye; Guillermo Garcia; Eleanor
Richardson; Carmen Boland; Kimberly Bonk; and Brian Godwin.
15. Work
Orders #2 and #3, as shown on page _______, to RFP-5847-10.
16. Work
Order #15, as shown on page _______, to M-5004-09.
17. Development
Orders, as shown on page _______, approved by the Board of Adjustment as
follows: Maureen K. & Richard
Berardo, 1266 Oakford Place; Alan & Cheryl Brown, 421 Wilson Place Drive;
Rodney P. & Peggy L. Meli, 856 Silversmith Circle; Richard Presti, 1650
Markham Woods Road; Steven & Kimberly Young, 1081 Ridge Road; Matthew &
Veronica Ammann, 7311 Canal Drive; and Kenneth L. Lindell, Jr. & Karen C.
Lindell, 1829 Stargazer Terrace.
18. Amendment
#1, as shown on page _______, to RFP-5847-10, The Colinas Group, Inc.
19. Parks
Contracts, as shown on page _______, for Services for the following: Andre Crump; Bladimar Garcia; William Goebel;
Ivan Perez; Joel Lipscomb; Stanley Ransome; and Louis Villanueva.
20. Change
Order #2, as shown on page _______, to Work Order #18 for CC-2183-07.
21. Closeout,
as shown on page _______, of Work Order #8 to CC-5075-10.
22. Work
Orders #24, #25 and #26, as shown on page _______, to RFP-5465-10.
23. Pages
8 and 9, as shown on page _______, to Contract IFB-601108-11 that were
inadvertently omitted in the original document.
24. Change
Order #2, as shown on page _______, to DB-6152-10.
25. Amendment
#1, as shown on page _______, to RFP-5706-10, Connect Consulting, Inc.
26. Change
Order #8, as shown on page _______, to CC-4626-09.
27. Change
Orders #7 and #8, as shown on page _______, to CC-5682-10.
28. RFP-601246-11
Agreement, as shown on page _______, with PENSA Health Management, Inc., as
approved on Dec. 13, 2011.
29. Amendment
#2, as shown on page _______, to Work Order #23 for PS-4388-09.
30. Amendment
#4, as shown on page _______, to Work Order #19 for PS-3914-08.
31. Parks
Contracts, as shown on page _______, for Services for the following: Ronald Coleman; Adrienne Dienst; Kelly Harle;
Gerry Ethier; Thomas Flaherty; James Speake, Jr.; Virginia Toledo; and Gary
Wilson.
32. Amendment
#1, as shown on page _______, to SS-601200-11, Motorola Solutions, Inc.
33. Clerk
of the Circuit Court Special Purpose Financial Statements for Year Ended
September 30, 2011.
34. Bids
as follows: CC-7163-11; RFP-601327-11;
IFB-601356-12; and RFP-601345-12.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari,
seconded by Commissioner Henley, to approve and authorize the following:
Sheriff’s Office
18. Approve and authorize the Chairman to execute
appropriate Resolution #2012-R-67, as shown on page _______, implementing
Budget Amendment Request (BAR) #12‑049 recognizing $96,000 in additional
FY 2011‑12 Florida Division of Emergency Management‑State Homeland
Security Grant revenues and correspondingly increasing the Sheriff’s FY 2011‑12
operating budget by an equivalent amount.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Pulled
from the agenda, Item #19, request to schedule and
advertise a public hearing for the proposed Ordinance establishing Part 4 of
Chapter 195 of the Seminole County Code to provide for the administration and
governance of Seminole County's Deferred Compensation Plan (IRS Code 457).
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Ian Sikonia, Planning and Development Division,
addressed the Board to present the request for the Colonial Townpark
Entertainment Permit to allow for a St. Patrick's Day Celebration with musical
entertainment on March 17, 2012, until March 18, 2012, on property located at
951 Market Promenade Avenue, Susan Case.
Mr. Sikonia stated that the applicant is requesting
an Entertainment Permit for a St. Patrick's Day Celebration with musical
entertainment starting on March 17, 2012, from 3:00 p.m. until March 18, 2012,
at 2:00 a.m. The event area is proposed
to be located outside of the Liam Fitzpatrick's restaurant on Market Promenade
Avenue. The event area will be cordoned
off with barricades, and off-duty Seminole County Sheriff's Officers will provide
security for the event. No tents are
proposed to be erected for the event; however, three outdoor adult beverage
stations will be placed in the event area.
Mr. Sikonia stated that staff recommends that the
Board approve the request with the seven conditions outlined in the staff
report.
District Commissioner Carey recommended approval.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to approve the request
for the Colonial Townpark Entertainment Permit to allow for a St. Patrick's Day
Celebration with musical entertainment on March 17, 2012, until March 18, 2012,
on property located at 951 Market Promenade Avenue, Susan Case, subject to the
conditions of approval.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ian Sikonia, Planning and Development Division,
presented the request to vacate and abandon the utility easement located within
the west 7.50 feet of Lot 26, Bridgewater, more particularly known as 7829 Fox
Knoll Place, Debbie Quisenberry.
Mr. Sikonia stated the applicant is requesting to
vacate and abandon the utility easement located adjacent to the western
property line of the property located at 7829 Fox Knoll Place to construct a
pool and pool screen enclosure. The applicant
has provided letters of no objection from all applicable utility companies, and
the request complies with the requirements for vacating easements under the
authority of Seminole County Land Development Code 35.181 and Section 177.101,
Florida Statutes. Mr. Sikonia stated
that staff recommends approval.
Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt appropriate
Resolution #2012-R-68, as shown on page _______, to vacate and abandon the
utility easement located within the west 7.50 feet of Lot 26, Bridgewater, according
to the plat thereof as recorded in Plat Book 39, Page 8 of the Public Records
of Seminole County, Florida, Debbie Quisenberry.
Districts 1, 2, 3, 4 and 5 voted AYE.
Maryanne Morse, Clerk of Court, entered the meeting
at this time.
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Denny Gibbs, Planning and Development Division,
addressed the Board to present request to vacate and abandon the platted utility
easement located within the Northerly 5 feet of Lot 24, Spicewood; less the Westerly
10 feet thereof; and vacate and abandon the platted utility easement located
within the Easterly 7.5 feet of said Lot less the Southerly 5 feet thereof; on
Lot 24, Spicewood, more particularly known as 1760 Cinnamon Circle, Janice A.
Varela.
Ms. Gibbs stated the applicant is requesting to
vacate and abandon the utility easements located on the northern and eastern
side of the property located at 1760 Cinnamon Circle in order to place a shed
within the bounds of the existing easements.
On September 26, 2011, setback variances were granted for the rear and
side yard setbacks in order to accommodate the placement of the shed. Ms. Gibbs stated staff is recommending
approval.
Motion
by Commissioner Horan, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2012-R-69, as shown on page _______, to vacate and abandon the
platted utility easement located within the Northerly 5 feet of Lot 24,
Spicewood; less the Westerly 10 feet thereof; and vacate and abandon the
platted utility easement located within the Easterly 7.5 feet of said Lot less
the Southerly 5 feet thereof; on Lot 24, Spicewood, as recorded in the Public
Records of Seminole County, Florida, in Plat Book 32, Pages 17, Janice A.
Varela.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Denny Gibbs, Planning and Development Division,
presented a request to approve waiving the Active/Passive buffer standards associated
with a site plan in the R‑1A (Single‑Family Dwelling) district for
property located on the east side of Bear Lake Road, approximately 300 feet
south of the McNeil Road, and particularly known as 1507 Bear Lake Road, Grace
Baptist Church.
Ms. Gibbs stated that on February 28, 2010, the
Board of Adjustment granted a special exception to establish a church at 1507
Bear Lake Road. The site plan for the
Grace Baptist Church requires waivers to the Active/Passive buffer standards. The subject property is two acres and is two
existing platted residential lots. The
first phase of construction involves conversion of one existing house into the
church and removal of another existing house.
They will also construct parking associated with the church, along with
other necessary site improvements.
Ms. Gibbs stated the property to the north of the
subject property is the Orlando Filipino Seventh‑day Adventist Church and
described the waivers being requested on this side. This church has submitted a letter of support
for the waiver request including the use of their fence as part of the buffer
requirements on the north side between the two churches.
Ms. Gibbs advised that the property to the south of
the subject property is vacant residential and described the requested
waivers. She stated the property to the
east is the Bear Lake Retirement Home and described the requested waivers. Staff is recommending approval.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve
waiver of the Active/Passive buffer standards associated with a site plan in
the R‑1A (Single‑Family Dwelling) district for property located on
the east side of Bear Lake Road, approximately 300 feet south of the McNeil
Road, and particularly known as 1507 Bear Lake Road, Grace Baptist Church.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S AND
STAFF’S BRIEFINGS
Sabrina O'Bryan, Fiscal Services, and Susan
Dietrich, Deputy County Attorney, addressed the Board to give a brief status
report on legislative issues.
Ms. O' Bryan presented an overview with regard to Medicaid
billing. She stated the final bill that
was adopted by the Legislature will require Seminole County to pay their
backlog, which is $3.5 million, over a 36-month period. She explained those funds will be deducted
automatically from the County's revenue sharing. Moving forward, Medicaid payments will be
withheld from their half-cent sales tax distribution automatically, 100% of
them. They will not be given the
opportunity to review those invoices until after the withdrawal is made. In working with the Community Services
Department and the Fiscal Services budget team, they have identified that they
are denying approximately 12% of those Medicaid invoices for a variety of
reasons.
Ms. O'Bryan stated the Florida Association of Counties
(FAC) is planning to request the Governor to veto the bill (HB 5301). She asked if the Board wanted to do something
similar.
Chairman Carey stated after asking the Commissioners
to send to her anything that they were concerned about, she only heard from
Commissioner Henley regarding the Transportation Funding which she plans to put
in a letter. She would like to get the
letter out today. She requested that Ms.
O'Bryan provide three to five items that they want to focus on that they would
like vetoed. Chairman Carey discussed
how paying the money up front and then fighting to get it back will impact
their budget. She thinks this is
something they should put on their list to ask the Governor to veto and asked
for the Board's thoughts.
Ms. O'Bryan stated she can provide a list of three
to five items.
Commissioner Horan reviewed his understanding of how
the State's Medicaid billing has worked and will now work. He stated the fact that there is a dispute
and the fact that there may be an inaccuracy is a problem that is created at
the State level by a State agency by a computer system purchased by a State
agency. Basically what the State is
doing is financing the continuation of their flawed system by withholding money
from the County until they prove the State's flawed system is wrong.
Chairman Carey stated her big issue is the State
saying that $3.6 million (which are the past bills that are being disputed) is
going to be paid whether they are right, wrong or indifferent over a three-year
period and the State will withhold funds that the County would normally
receive. If this bill doesn't get
vetoed, Fiscal Services will need to get that audit done as quickly as possible
to send their request for their money back.
Discussion ensued with regard to Medicaid costs.
Ms. O'Bryan advised that HB 1263, the Department of
Health bill, was passed but it did not include the language that the County was
concerned about originally about transferring the responsibility to local
governments. She stated the County's
lobbyist will be at the next Board meeting to provide a more comprehensive
summary. Ms. O'Bryan indicated that she
had distributed over 275 items that were passed during the Legislative
Session. Chairman Carey requested an
executive summary. She stated that her
biggest concerns are what have impacted them as far as unfunded mandates and
what things were passed that will affect their right to Home Rule.
Upon inquiry by Commissioner Dallari with regard to
what the additional cost will be for the Tax Collector's handling of driver's
licenses, Ms. O'Bryan stated she does not know off the top of her head. The last time the issue was discussed, the
Tax Collector was looking for property to be able to adequately provide the
service. She stated she will double check. Chairman Carey advised that the Tax Collector
has secured a property and expects to close on the property sometime in the
near future. Within ten months after
that, the Tax Collector expects to have the service going. She stated the question is will the Tax
Collector get paid for the service. The
organization of tax collectors is trying to work out something so they get some
funding but Chairman Carey does not believe, at this time, that has been taken
care of.
Commissioner Dallari asked that staff determine
which other counties are taking on this venture. He explained if the surrounding counties are
not providing the service, Seminole County will be picking up the expense for them. Ms. O'Bryan stated she will check into that. She explained that there were several
counties that were leaving the State driver's license capabilities in their
communities and believes Volusia County was one of them.
Mr. Applegate advised that he and his office will
review every legislative bill that was passed by the Legislature to determine
if they need to do anything related to their policies, ordinances, or
resolutions. He will provide a summary
of that. Mr. Applegate stated there will
be conference calls with the Florida Association of Counties on the Medicaid
issue as well.
Chairman Carey stated with regard to the pain clinics,
there is a moratorium that is about to expire.
She does not believe anything got passed that is meaningful in helping
to solve that problem. Mr. Applegate
advised that the State is not finished with rule making from the last session
on that.
Chairman Carey suggested they have a discussion one-on-one
with their lobbyist with regard to the behind-the-scenes maneuvers concerning
the Expressway Authority. Ms. Dietrich
asked if the Board had any direction with regard to the Expressway
Authority. She stated they still have
the ability to create an expressway authority through another section of that
same statute and explained that the governing board would be a little
different.
Commissioner Horan stated his concern is that the
entity they dissolved is a signatory to certain agreements. The Board of County Commissioners was added
as a signatory to those agreements; however, the authority that was dissolved
is also sitting on several other entities so those representations are
gone. He advised it is just a matter of
legal, technical completeness and he believes the authority should be
reinstated so the citizens of Seminole County have the representation the law
originally intended, which is a separate authority. Commissioner Horan stated he does not know
how the authority got dissolved originally.
Chairman Carey stated at the time it happened, the Commission
and the Expressway Authority, on a split decision, voted to delegate their
authority to the Orange County Expressway Authority; and she thinks that
probably sent a signal to Tallahassee that they weren't really needed. Because that happened and because DOT is
actually the one who is going to build the County’s section of the expressway
authority, it is not as pressing a matter as it could be but it seemed like it
was pretty simple to get fixed. She
stated the only thing they probably need to do now that didn't get fixed is since
Brett Blackadar serves on the Wekiva Basin Commission as the Chairman of the
Seminole County Expressway Authority and since that no longer exists, in her
letter to the Governor she will ask him to appoint Mr. Blackadar as the County
Engineer to that committee so they can continue to have technical
representative from Seminole County on the board. She stated she will add that to the letter.
Upon inquiry by Chairman Carey with regard to the
special session topics, Ms. O'Bryan stated the only topic that she is aware of
is redistricting in the Senate. There
were approximately 40 boundaries proposed and they disagreed with approximately
8 of those. That is what they are
supposed to be taking up in the session that starts on March 14 and runs
through March 28. Discussion ensued with
regard to redistricting. As far as
adding something to the special session, Ms. O'Bryan stated they could add
something at either the request of the President or the Speaker of the House
with concurrence of the Governor.
Upon inquiry by Commissioner Horan, Mr. Applegate
stated that he is not aware of any challenge to the federal districts. Ms. O'Bryan indicated they can confirm that.
CHAIRMAN’S
REPORT
Chairman Carey stated that several
months ago they talked about streamlining the process for getting items through
the planning process and getting them before the County Commission. She picked one item today as an example, the
simple vacate of property to put up a shed, and stated the application was made
on December 9. Three and a half months
later, it is finally getting to the Board of County Commissioners. Chairman Carey stated she believes the
streamlining of the process really needs to be looked at by everybody. There was an item from her district that she
was expecting to see on the next agenda.
When she received the agenda preview, the item was not on there. Chairman Carey discussed with Nicole Guillet,
Director of Growth Management, the time it takes to get an item from Planning
and Zoning (P&Z) to the County Commission, a lag of about six weeks; and
she stated that is totally unacceptable.
She suggested that if everybody is participating in the process, they
can move the items through a little faster so that an item that goes to P&Z
at the beginning of month, which is the first week of the month, should be able
to make it to the BCC by the second meeting of the month.
Chairman Carey requested that Mr.
Hartmann, along with his staff, and Mr. Applegate, along with his staff,
get together and make sure they have everybody in the process. She stated that in the Building process,
there is still an issue with timeliness of fire reviews; so there needs to be a
discussion with Mr. Stone about his fire inspectors and fire reviewers so
they can get the processes turned out.
The sooner they get something built and on the tax rolls, the sooner
they get to start collecting the taxes.
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Chairman Carey congratulated Mr.
Sikonia on the opportunity to go to the City of Orlando. She stated due to some of the staff changes,
including Mr. Sikonia going to the City of Orlando, the Board needs to reappoint
representatives and alternates to the Transportation Technical Committee for
both MetroPlan and the Technical Advisory Board for SunRail. She will need letters for the Chairman's
signature and wanted the Board to be aware that Mr. Hartmann will be making new
appointments for those. They will be
sending those letters out unless someone has an objection. No
objections were voiced.
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Chairman Carey stated she met with
Tracy Schmidt, Central Florida Commission on Homelessness, and advised they
have identified some changes that they think might be helpful. Chairman Carey discussed the Work Force board
and stated there is a once-a-year meeting that the Chairman attends to approve
the budget and approve the board members as a consortium board member. The only county that has a constant member is
Orange County with whomever the mayor happens to be at the time. Work Force is considering making some
recommendations to have whoever the appointed Commissioner is to Work Force, that
it be a multi-year term. The Central
Florida Commission on Homelessness is also asking that whoever the appointee is,
that it be for a three-year term on the commission. Chairman Carey advised that the homeless
issue is very difficult. Their meetings
occur three or four times a year and having that consistency with all of the board
members is something that they think will be beneficial to the board.
Chairman Carey stated if there is
no objection, they will change that term from a one-year to a three-year term
on that particular board. As soon as
Work Force figures out what request they will ask for from the consortium, she
will come back with that as well. No objections were voiced.
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Chairman Carey gave an update with
regard to the Sanford Airport screening.
She advised that President Obama signed new legislation that allows for
more flexible screening at airports and for them to use private screeners. President Dale, Orlando Sanford Airport, has
applied twice asking to use private screeners and opt out of the TSA program,
and all have been denied. With this new
legislation, President Dale will be making his third application to opt out of
TSA and privatize the airport screening.
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Chairman Carey advised that at the
March 27 meeting, she will bring forth a proclamation declaring April 14 as
Mike Barr Day. Mr. Barr, who passed away
recently, is someone who was very instrumental in helping with the cleanup and
environmental issues in Seminole County.
Also on April 14, there is a day of cleanup activities. Chairman Carey stated she has asked Mr.
Hartmann to make sure the County's staff is involved in getting all of their
volunteers together to have a great day and great turnout in honor of Mr.
Barr. She stated the Taste of Oviedo and
the Lake Jesup cleanup will be occurring on April 14 also.
Commissioner Dallari asked if they
could also name the cleanup in Mike Barr's namesake as well. He stated that Keep Seminole Beautiful was
one of the projects Mr. Barr started and he and the organization have done a
phenomenal job. Commissioner Dallari
suggested there should also be a plaque.
With the expansion of the Riverwalk here in Sanford, the plaque should
be displayed; and they should coordinate it with the City of Sanford to do
something along those lines with what Mr. Barr has done to keep Seminole
beautiful.
Chairman Carey indicated that she
will speak to the City of Sanford about a plaque. As far as the activities that are planned for
that day, they are really being led by Keep Seminole Beautiful and that already
is in Mr. Barr's name. She stated she
would like to tie the Lake Jesup cleanup to that. Discussion ensued with regard to Mr. Barr.
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Chairman Carey advised that the
event that the zoo holds every year, Brews Around the Zoo, will be on April
14. She has tickets and they are also
available on Central Florida Zoo's website.
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Chairman Carey stated that Saturday
is St. Patrick's Day and reminded everyone to wear green.
COMMUNICATIONS AND/OR
REPORTS
The
following Communications and/or Reports were received and filed:
1. Copy
of corrected Letter dated January 19, 2012 to Doug Darling, Department of
Economic Opportunity, from Kevin Shaughnessy and Kevin Neal, Workforce Central
Florida, re: update on remaining deliverables.
2. Letter dated January 25, 2012 to Chairman
Brenda Carey from Cynthia Lindsay, Finance Director, City of Sanford, re:
resolution opposing encroachment into the Home Rule authority of Florida
Municipalities.
3. Letter dated January 26, 2012 to Chairman
Brenda Carey from Diane Pickett Culpepper, Bright House Networks, re:
programming changes.
4. Letter dated February 8, 2012 to Chairman
Brenda Carey from Kevin Shaughnessy and Kevin Neal, Workforce Central Florida,
re: recommendation of employee to serve on audit committee.
5. Letters dated February 10, 2012 to Chairman
Brenda Carey from David Johnson, Seminole County Property Appraiser, re: 2011
Final Certification of Taxable Value after Value Adjustment Board Hearings.
6. Copy of letter dated February 14, 2012 to Mr.
Jacob Stuart, Central Florida Partnership, from Brenda Carey, Chairman Board of
County Commissioners, re: Regional Gathering scheduled for March 20 and 21,
2012.
7. Copy of letter dated February 16, 2012 to
Governor Rick Scott from Hans Tanzler, III, St. Johns River Water Management
District, re: SJRWMD 2012 Consolidated Report.
8. Letter dated February 17, 2012 to Chairman
Brenda Carey from Sanford Mayor Jeff Triplett re: grant to fund development of
transit around SunRail stations.
9. Copy of letter dated February 20, 2012 to
Andrew and Tami Bradley from Tad Stone and Morgan Woodward, Animal Services,
re: donation.
10. Copy of letter dated February 21, 2012 to Ms.
Wendy Brandon, Central Florida Regional Hospital, from Fire Chief Leeanna Mims
re: CFRH’s support to implement field protocol.
11. Copy of letter dated February 21, 2012 to Ms.
Jackie Sova, City Manager, Lake Mary, from Steven Douglas, Deputy County
Traffic Engineer, re: CR 46A/Rantoul Lane.
12. Copy of letter dated February 21, 2012 to
Representative Jason Brodeur from Superintendent Bill Vogel re: response to
Representative Brodeur’s e-mail dated February 14, 2012.
13. Letter dated February 22, 2012 to Chairman
Brenda
Carey from
Kenneth Peach, Executive Director, Health Council of East Central Florida, re:
update on services performed.
14. Letter dated February 23, 2012 to Chairman
Brenda Carey from Stephen Miller, Executive Director, South Seminole &
North Orange County Wastewater Transmission Authority, re: Required Notice of
Proposed Bond Issue by SSNOCWTA.
15. Letter dated February 23, 2012 to Chairman
Brenda Carey from Nancy Rettinhouse, District Manager, United States Postal
Service, re: decision to consolidate mail processing operations.
16. Letter dated February 27, 2012 to Chairman
Brenda Carey from Representative Larry Metz re: Wekiva Parkway Community Update
on March 13, 2012.
17. Letter dated February 27, 2012 to Chairman
Brenda Carey from Bright House Cable re: programming.
18. Letter dated February 28, 2012 to the Seminole
County Board of County Commissioners re: Annexation Ordinance 4266.
19. Copy of letter dated February 28, 2012 to
Secretary Ray LaHood, U.S. Department of Transportation, from Chairman Brenda
Carey re: support of the Orlando Regional Multimodal Pedestrian Safety Program
TIGER 2012 application.
20. Copy of letter dated February 28, 2012 to
Secretary Ray LaHood, US Department of Transportation, from Chairman Brenda
Carey re: Seminole County’s commitment as a partner in the “Transforming
Regional Communities through Connectivity” TIGER 2012 project.
21. Letter dated March 5, 2012 to Chairman Brenda
Carey from Richard and Lorna Mattern re: 7381 Bella Foresta Place, Sanford, FL.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Dallari stated that the State of Florida keeps pushing down unfunded
mandates. He stated he would like to see
if there is any appetite through Florida Association of Counties (FAC) for a
constitutional amendment to prohibit unfunded mandates to the cities and
counties. If FAC won't do it, he
believes they need to do a voter initiative; so if there is an issue, the State
should solve its own issue instead of passing it down to the counties. He stated he would like to have their staff
and the five Commissioners ask FAC to take the lead on the matter; and if FAC
is not willing to take the lead, then he thinks they should.
Chairman Carey stated she believes
that is a great idea and advised there is a conference call on Thursday with
FAC. She asked Ms. O'Bryan to bring this
up at that time. The annual meeting for
FAC is coming up in June and will be in Orlando. Chairman Carey stated, as a Board member, she
will be attending. Commissioner Dallari
requested that they also reach out to the League of Cities. He stated he believes it is time the State
lives within its means and does not pass its problems on to other people.
Commissioner Dallari stated they
all talk about Government in the Sunshine.
They all follow it. He stated
that it is important that the citizens know what is going on, not just in local
government but also State government. He
would like to see if within the same two organizations there is an appetite to ask
the State, through a constitutional amendment, to follow the Sunshine Law. The State made the rule and it is a great
rule but his issue is that the State has exempted itself. He would like to see a constitutional
amendment requiring the State of Florida to follow the Sunshine Law. Chairman Carey indicated they could go
locally to the Tri-County League of Cities to get some local input. She suggested that Commissioner Dallari,
since he is a former City Commissioner and might have some contacts, could reach
out to those contacts. Commissioner
Dallari stated he would be more than happy to reach out.
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Commissioner Dallari stated that he
has received several complaints, not about the construction aspect of Chapman
Road, but about the time of day in which the construction is taking place. He described the complaints.
Brett Blackadar, County Engineer,
addressed the Board to explain that the plans call for no lane closures between
6:00 a.m. and 8:00 p.m. because of the high volume of traffic so night is the
only time they can do the work. He
stated they will work with their contractors to try and minimize the noise and
vibration.
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Commissioner Dallari stated he has
been told that a hookah bar is coming through the planning process and
requested more information on that.
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Commissioner Dallari advised that
he attended a customer service class last month here in Seminole County. He thanked staff for their efforts and support
in that they do have good customer service.
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Chairman Carey advised that the
Wellness Program had their first group exercise program and had a great
turnout. She stated there have been a
lot of people showing up for the Lunch and Learn's including some of the
Commissioners who have been active in that.
The Wellness Program has been a great success.
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Commissioner Dallari advised that
he, along with Chairman Carey and Commissioner Horan, attended St. Luke's 100 Year
Celebration on Sunday. He stated it was
a phenomenal celebration and to see many of those documents that they had and
the original incorporation papers of the church dating back 100 years was
amazing.
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Chairman Carey reminded everyone
that next year will be the County's 100th anniversary. She stated she knows staff has been making
the rounds to talk to all of the Commissioners as to what type of celebration
activities they might anticipate seeing.
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Commissioner Horan stated he spoke
to a group called the Young Presidents’ Organization several weeks ago about
economic policy issues. He was on a three-person
panel which included former Senator George LeMieux and Economist Anirban
Basu. Commissioner Horan stated at this
event, there was an incredible presentation by Mr. Basu who drew a very direct
statistical correlation between government public policy and actions at the
public policy level and how it actually affected the economy in 2011. Commissioner Horan described Mr. Basu's
presentation and he stated the material is on the Internet and commended it to
the Commissioners.
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Commissioner Horan advised that the
Open for Business incentive that they have participated in for the Central
Florida Partnership membership has certain streamlining recommendations that
came out of the industry regarding licensing and permitting procedures and he
commended those to the County Manager for review in trying to streamline the
process.
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Commissioner Horan stated he had
the pleasure of attending Oral Arguments on March 7 regarding the Internet cafe
case in front of the Federal District Court of Appeals. He stated their attorneys did a fabulous
job.
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Commissioner Horan advised that
with regard to the 100th Anniversary, he will be meeting with Jim Robinson, a
member of the Historical Committee, and Joe Abel, Director of Leisure Services,
concerning the possibility of forming a commission to write an official history
of Seminole County. He stated he
believes if they can produce some kind of document that would be sponsored by
outside sources, it would be a resource for the schools and a resource for the
county.
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Commissioner Van Der Weide advised
that SR 46 may or may not be discussed at today's workshop but he believes it
should be discussed. He stated they need
to do something and move that forward and get the Board's efforts behind
it. They have been talking about it for
15 years.
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Commissioner Van Der Weide stated
he is in full support of anything that Leisure Services does regarding the
long-term plans.
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Commissioner Van Der Weide stated
they had a Heroes Memorial meeting. He
stated he believes the first phase could be funded by the County at this
particular point. If they go to whatever
bonding issue comes up, he would like to tack that on. Commissioner Van Der Weide stated they are
close to funding; and with a little effort from the bonding issue, they could
do it right.
Chairman Carey stated her
understanding was that in working with the Sheriff's Department, they actually
would have enough money to do Phase 1.
Commissioner Van Der Weide stated the Sheriff is coming through
wonderfully but they are still going to be short. Chairman Carey suggested they talk about that
at the workshop if it comes up.
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Commissioner Henley referenced a
publication (copy received and filed) that was sent by Mr. Barley regarding the
Georgia sales tax proposal and verified that the Commissioners received a
copy.
COUNTY
MANAGER’S REPORT
No report.
COUNTY
ATTORNEY’S REPORT
Mr. Applegate
stated, with regard to final arguments in the Internet Cafe case, it is not
often that a Chief Judge on a panel notes at the end of the argument how well
the case was argued. He stated they are
waiting for a decision.
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Chairman
Carey reminded everyone that there are two work sessions upstairs immediately
following the meeting.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 10:45 a.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
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