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.
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.
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.
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.
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.
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.
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.
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:
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.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the following:
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.
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).
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
Commissioner Dallari stated he has been told that a hookah bar is coming through the planning process and requested more information on that.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Commissioner Van Der Weide stated he is in full support of anything that Leisure Services does regarding the long-term plans.
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.
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
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.
Chairman Carey reminded everyone that there are two work sessions upstairs immediately following the meeting.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:45 a.m., this same date.