BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 26, 2013
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 8:30 a.m., on Tuesday, March 26, 2013, in
Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Robert Dallari (District 1)
Vice
Chairman John Horan (District 2)
Commissioner
Lee Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Commissioner
Brenda Carey (District 5)
County
Manager James Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Terri Porter
Dr. Frank Ottati, Spring Meadows Seventh Day Adventist, Sanford,
gave the Invocation.
County Manager Jim Hartmann led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Commissioner Carey recognized Stephen Hamblin, who
made the frame on the displayed print of “The Senator”, and Don Reynolds, the
artist of the drawing itself.
Steve Hamblin addressed the Board to state he was
approached by Rollins College for a donation for their auction on April
12. He contacted Don Reynolds knowing he
had previously been commissioned to draw “The Senator” and felt it was a great
way for “The Senator” to live on. Mr.
Hamblin explained the frame was made from river-recovered cypress from the St.
John’s River and the wood is about 200 years old. Wood from “The Senator” was used at the bottom
of the frame and for the inlaid butterflies.
Don Reynolds addressed the Board to state he had
been contacted by the Urban Forestry Council president in 1993 who explained
that there was a nationwide recognition of champion trees in every state and
“The Senator” was one of three in Florida.
He said he was honored to be commissioned by the United States to draw
these trees and to be a part of the display and the legacy of “The Senator”.
Commissioner Carey advised that the framed art will
be on display in the Building Department customer area for a week and then will
be on sale at the “Starry Starry Night” Auction on April 12. The benefit of the auction is a scholarship to
Rollins College.
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Motion by Commissioner Carey, seconded by
Commissioner Henley, to adopt Proclamation, as shown on page _______, proclaiming the month of April 2013 as "National County
Government Month."
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Horan, seconded by
Commissioner Carey, to adopt Proclamation, as shown on page _______, proclaiming the month of April 2013 as "Child Abuse
Prevention Awareness Month."
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Horan presented the Proclamation to David Parlapiano, Clinical Utilization
Manager for Community Based Care of Central Florida; Jeff Griesemer, President
and CEO of Child Rescue Network; Odies Grant, Child Protection Team Program
Director for Kid’s House and Ernest Hamilton, Executive Director for Kid’s House
who expressed their appreciation. There
are quite a few activities this month in connection with Child Abuse Prevention
Awareness including a walk that will take place on April 12.
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Chairman
Dallari recessed the meeting of the Board of County Commissioners at 8:48 a.m.,
and convened as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. HIGHWAY 17-92 CRA
John Krug,
Economic Development Division, addressed the Board to present the request to approve
a CRA Redevelopment and Construction Grant Agreement between the U.S. 17-92 CRA
and J. Campbell Associates, Inc. d/b/a Seminole Sir Vac & Sew Vacuum
Village, 700 North Street, Fern Park; and associated Resolution implementing Budget
Amendment Request (BAR) #13-060 in the amount of $117,905.
Mr. Krug
stated the funds are for the construction of a new building for retail space and
landscaping with a total capital investment of about $540,000. Staff recommends approval.
Motion by Commissioner Horan, seconded
by Commissioner Henley, to approve the CRA Redevelopment and Construction Grant
Agreement, as shown on page ______, between the U.S. 17-92 CRA and J. Campbell
Associates, Inc. d/b/a Seminole Sir Vac & Sew Vacuum Village; and adopt appropriate
Resolution #2013-R-97, as shown on page ______, implementing Budget Amendment
Request (BAR) #13-060 in the amount of $117,905, consistent with said
agreement.
Under
discussion, Commissioner Henley stated this will certainly improve the
aesthetics in that area.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr. Krug,
Economic Development, presented a request to approve a CRA Redevelopment and
Construction Grant Agreement between the U.S. 17-92 CRA and Mukesh Tandon, 1100
French Avenue, Sanford; and associated Resolution implementing Budget Amendment
Request (BAR) #13-061 in the amount of $37,120.
Mr. Krug
stated the property is about 14,300 square feet and was built in the mid-1940’s. It is in dire need of rehab and staff
recommends approval.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to approve the CRA Redevelopment and Construction Grant
Agreement, as shown on page ______, between the US 17-92 CRA and Mukesh Tandon;
and adopt appropriate Resolution #2013-R-98, as shown on page ______,
implementing Budget Amendment Request (BAR) #13-061 in the amount of $37,120,
consistent with said agreement.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari adjourned the meeting of the U.S. Highway 17-92
Community Redevelopment Agency at 8:50 a.m., and reconvened the meeting of the
Board of County Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, advised
that under the Consent Agenda, staff would like to pull Item #12, Write-Offs of
Water & Sewer past-due balances; and Item #35, CC-8159-12, CDBG Disaster
Recovery Reconstruction Award; both items to be presented at a later date.
Commissioner Constantine advised he would
like Item #7, Reimbursement of HOME Program Home Investment Trust Fund and Item
#24, Approval of BAR #13-070 pulled for
a separate discussion. He also
declared that he has a conflict of interest regarding Item #32, Work Order #16
under PS-2468-07 with CDM Smith, even though he does no business with county
government on the item. This item was pulled for a separate vote.
Chairman Dallari requested Item #17, Fiscal Year 2012-13
Equipment Replacement/New List be pulled
for a separate discussion.
Motion by
Commissioner Horan, seconded by Commissioner Constantine, to authorize and
approve the following:
Community
Services
Community
Assistance Division
6. Approve and authorize the
Chairman to execute the Modification of Agreement, as shown on page _______, between the Florida
Department of Economic Opportunity (DEO) and Seminole County, DEO Contract
#13SB-FZ-06-69-01-025.
8. Approve and authorize the Chairman to execute nine Satisfactions
of Second Mortgage, as shown on page ______, for households assisted under the
County’s SHIP/HOME Home Ownership Assistance Program and the Foreclosure
Prevention Program as follows: Mary
Theresa Carter; Lisa Ann Chapin; Eddie Frierson, Jr. and Dorcas L. Frierson;
Carlos and Iris Gomez; Jeannette Gomez; Bobby L. and Shirell M. Hawkins;
Richard S. Sandkulla; Ivan G. and Veronica L. Smith; and Ernesto M. Vazquez and
Yoselyn I. Gonzalez.
9. Approve
and authorize the Chairman to execute a CDBG Subrecipient Agreement, as shown
on page ______, with the Rescue Outreach Mission of Sanford, Inc. to provide
$700,000 in Community Development Block Grant (CDBG) Program funding to expand
the Women's/Children's Shelter and make renovations to the Men's Shelter/Case
Management offices.
Economic &
Community Development Services
Planning &
Development Division
10. Approve and authorize the Chairman to execute
appropriate Resolution #2013-R-99, as shown on page ______, Seminole County’s
Centennial Signage.
Environmental
Services
Business Office
11. Approve the
Release of the original Maintenance Bonds for Water & Sewer Facilities and Maintenance
Agreements with Irrevocable Letters of Credit for the following: Banyan Pointe, Bond #B98815017269
in the amount of $36,537.75; Buckingham Estates Phases 3 & 4, Bond #41078268 in the amount of $29,289; Carriage Homes at
Dunwoody, Bond #929367690 in the amount of $48,142.13; Chase Townhomes Phase 2,
Bond #929279301 in the amount of $9,257.17; Colonial Town Park Building 300, Bond
#58639104 in the amount of $7,298; Dunwoody Commons Phase 1, Bond #6243931 in
the amount of $12,369; Dunwoody Commons Phase 2, Bond #929328100 in the amount
of $28,013.90; Ganesh Business Park, LOC #78530888 in the amount of $9,100; Hamilton
Place f/k/a Hestor Oaks, LOC #F846020 in the amount of $22,000; HIBC North, Bond
#58625188 in the amount of $19,507.11; Hampton Inn Colonial Town Park, Bond
#929271154 in the amount of $2,839.58; Jornat Properties, Bond #104244578 in
the amount of $890; Lutheran Haven Nursing Home & ALF, LOC #178 in the
amount of $2,497.60; Markham Estates, LOC #645 in the amount of $16,000;
Oakhurst Reserve Phase 2, Bond #ILIFSU312507 in the amount of $32,050.13; Greenwood
at Lake Mary-RBC Bank, Bond #104936864 in the amount of $1,083; Red Bug Village
Lot 2, Bond #104224605 in the amount of $2,786.50; Regency Estates Phase 2, LOC
#07-10-17-06 in the amount of $35,682; River Run Coach Estates, Bond #929-357-818
in the amount of $8,804.50; Spring Creek, Bond #049-001-935 in the amount of
$16,406.48; Sturbridge Oaks, Bond #BE0930712 in the amount of $3,513; Talman
Mews Phase 1, Bond #21329 in the amount of $2,290; Talman Mews Phase 2, Bond
#21327 in the amount of $3,725; and Winding Cove, LOC #83 in the amount of
$7,500.
12. Pulled from the Agenda the
request to approve write-off of water and sewer past due accounts and balances
in the amount of $1,087,450.77 to bring the accounts receivable records up to
date for current accounts and closed accounts that have a likelihood of
collection.
Solid Waste
Management Division
13. Approve the annual consumer price
index for all urban consumers adjustments (CPI-U) and semi-annual fuel index adjustments
(CPI-F) for residential solid waste collection services, as set forth in
Sections 13(d) and (e) of the Residential Franchise Agreements, with new rates
to become effective on April 1, 2013.
Leisure Services
Tourism
Development Division
14. Approve
and authorize the Chairman to execute a Tourist Tax Funding Agreement, as shown
on page ______, with the Florida High School Athletic Association, Inc. in the
amount of $5,316 for the 2013 Florida High School Athletic Association Tennis
Championships to be held April 15-19, 2013.
Public Works
Engineering
Division
15. Adopt appropriate Resolution #2013-R-100,
as shown on page ______, and authorize the Chairman to execute a Local Agency
Program (LAP) Agreement, as shown on page ______, with the State of Florida Department
of Transportation (FDOT) for the design and permit of a sidewalk at the back of
the curb on the north side of County Road 46A (W. 25th Street) from west of Club
Road to east of Old Lake Mary Road. (FDOT FPN: 427899-1-38-01)
Fleet/Facilities
Division
16. Approve the Seminole County Fleet Guidelines/Procedures
for the use, replacement, specifications and maintenance of all BCC-Owned equipment/vehicles
exceeding $1000 in value.
Resource
Management
Business Office
18. Authorize staff to submit an
application to the Substance Abuse and Mental Health Services Administration
(SAMHSA) for the SAMHSA Treatment Drug Courts Grant, in the amount of $325,000 to
expand Veteran Court services; and authorizing the County Manager to execute
any documents associated with the grant application.
Budget and
Fiscal Management Division
19. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-101, as shown on page
______, implementing Budget Amendment Request (BAR) #13-047 through the Public
Works Grants Fund in the amount of $2,000,000 to recognize grant funding and
establish budget for the Black Hammock Reclamation Treatment project.
20. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-102, as shown on page
______, implementing Budget Amendment Request (BAR) #13-063, in the amount of
$32,000 through the Library Designated Fund to establish budget for the Summer
Reading Program Project.
21. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-103, as shown on page
______, implementing Budget Amendment Request (BAR) #13-065 through the
Mosquito Control Grant Fund in the amount of $2,000 to recognize additional
grant funding received for the Mosquito Control Program.
22. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-104, as shown on page
______, implementing Budget Amendment Request (BAR) #13-067 through the General
and Community Service Block Funds, recognizing $191,129 in additional grant
revenue and segregating $32,391 in currently budgeted funds for use as the
required cash match.
23. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-105, as shown on page
______, implementing Budget Amendment Request (BAR) #13-069 through the
Disaster Preparedness Fund, 2012/13 Emergency Management Performance Grant, to
reallocate funding in the amount of $20,000 for the purchase of a functional
support service trailer and operating supplies in accordance with grant
requirements.
25. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-107, as shown on page
______, implementing Budget Amendment Request (BAR) #13-071 through the Community
Development Block Grant (CDBG) Fund to increase funding in the amount of
$150,000 for the Target Area Sidewalks project.
Purchasing &
Contracts Division
26. Approve Second Amendment, as
shown on page ______, to CC-5075-10/JVP, Master Services Agreements (MSAs) for
Public Works Minor Construction under $2,000,000 with AJC Construction, LLC,
Orlando; JCB Construction, Inc., Orlando; and The Briar Team, LLC, Sanford; and
authorize the Purchasing & Contracts Division to execute the Amendments.
27. Approve Third Amendment, as shown
on page ______, to CC-5544-10/JVP, Master Services Agreements (MSAs) for Federal
Highway Administration (FHWA) Disaster Relief Minor Construction under
$2,000,000 with JCB Construction, Inc., Orlando, and The Briar Team, LLC,
Sanford; and authorize the Purchasing & Contracts Division to execute the Amendments.
28. Approve Change Order #1, as shown
on page ______, to CC-7694-12/JVP, Cassel Creek Stormwater Improvements with
Prime Construction Group, Orlando, in the amount of $85,792.92; and authorize the
Purchasing & Contracts Division to execute the Change Order.
29. Approve an increase to the Board-approved
Estimated Annual Usage for Master Services Agreement (MSA) RFP-5465-10/DRR, Security
Repairs, Maintenance and Upgrades, with Site Secure, Inc. by an additional
$250,000 per year.
30. Approve an increase to the Board-approved
Estimated Term Usage for Master Services Agreement (MSA) PS-1666-07/BLH, Final
Design Services for State Road 426/County Road 419 Widening, with Inwood
Consulting Engineering, Inc. by an additional $1,300,000 over the term of the
MSA.
31. Approve ranking list, authorize
staff to negotiate rates in accordance with F.S. 287.055, the Consultants
Competitive Negotiation Act (CCNA); authorize the Purchasing & Contracts
Division to execute four Master Service Agreements (MSAs) for PS-8186-13/DRR, MSA
for Continuing Engineering Services for Utility Improvement Projects, Estimated
Annual Usage of $800,000; and authorize the County Manager to execute any Work
Order over $100,000.
33. Award CC-8199-12/JVP, Master
Services Agreements (MSAs), as shown on page ______, for Public Works Minor
Construction less than $250,000, to Castille Company, Inc., Maitland; Conpilog International
Company, Orlando; P&S Paving, Inc., Daytona Beach; C.E. James, Inc.,
Oviedo; and Ovation Construction Company, Oviedo; Estimated Annual Usage Amount
of $1,250,000; and authorize the Purchasing & Contracts Division to execute
the MSAs.
34. Award IFB-601587-13/BJC, as shown
on page ______, Term Contract for Miscellaneous Major and Minor Bridge Repairs
to Sieg & Ambachtsheer, Inc., Deland; and authorize the Purchasing &
Contracts Division to execute the Agreement.
35. Pulled from the Agenda request
to rescind
the original award to Sovanic, Inc., Orlando; Accept the Apparent Second Low
Bid Price for CC-8159-12/AMM, CDBG Disaster Recovery Reconstruction for One
Residential Property, in the amount of $144,615 with Corinthian Builders, Inc.,
Lake Mary.
Districts 1, 2,
3, 4 and 5 voted AYE.
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Request to approve and authorize the
Community Services Director to make arrangements with appropriate County staff
to reimburse its Home Investment Partnerships Program (HOME) Investment Trust
Fund in the amount of $542,375 for the terminated Sanford Lofts Apartments
project presented.
Valmarie Turner, Community Services
Director, addressed the Board to state that Seminole County entered into an
agreement with Florida Superior Properties Economic Community Services, Inc. (Florida
SPECS) as a community housing development organization on September 23, 2010. At that time, $1.3 million of HOME and CDBG
funds were available to them. To date,
the County has expended about $542,350, which includes the land acquisition, developer’s
fee and design. At the time the funds
were expended, it was an eligible expense per HOME regulations; however, HOME
requires that construction is started within 12 months and that did not
happen. Staff has requested exceptions
from HUD, both exceptions were denied, and HUD has asked for repayment.
Commissioner Carey requested that Ms.
Turner further expand on where this is going and how the County will be able to
recover some of the monies.
Ms. Turner stated that last year at the September
11 Board meeting, Seminole County, along with the City of Sanford and Florida
SPECS, entered into a tri-party agreement whereby Florida SPECS agreed to
reimburse the County $350,000 to mitigate the loss. The County placed a lien on the property for the
full $1.3 million and has agreed to release the lien once the $350,000 is
received. The property will be swapped
for another property that the City of Sanford currently owns so the County can
continue to have the affordable housing project.
Commissioner Horan stated he believes they
have already issued a default under the agreement, so in addition to the
situation regarding the swap of the property, the County is also secured with the
lien if default has been called.
Ms. Turner stated that HUD is now requiring payment from
the County in order to move forward with the current HOME Program.
Bryant Applegate, County Attorney, advised that a
motion is needed for the County Manager to have the authority to execute a
Satisfaction of Mortgage, if and when Florida SPECS pays the $350,000. The plan, under the tri-party agreement,
would be if and when there is a closing between the City of Sanford and Florida
SPECS, at that closing, the County will receive a check in the amount of
$350,000. At that point, the County
Manager would have the authority to execute the Satisfaction of Mortgage.
Commissioner Carey added one further clarification explaining
that this became a controversy because the property that was secured by Florida
SPECS is on First Street and Palmetto Avenue, which is in the heart of downtown
Sanford. The City of Sanford was opposed
to having an affordable housing project there, which is why it was
stalled. They couldn’t get the proper
zoning allocation and that is why the land swap is in effect, because they do
need the affordable housing project.
Commissioner Constantine clarified that the
County received money from HUD in conjunction with the property to purchase
it. The County is asking $350,000 from
Florida SPECS, and once they deliver the $350,000, they in turn will have free
and clear a property that they have not put any money into because the $542,000
was provided by the County. They will
then in turn swap with the City of Sanford to have property along U.S. 17-92.
Mr. Applegate confirmed that Commissioner
Constantine is correct if this does happen.
Commissioner Constantine opined then that this particular developer will
now have a piece of property that he has not put any of his own money into. He stated that this is nearly $200,000 that the
County will be losing, and the developer will have a piece of property free and
clear.
Commissioner Carey explained that the HOME Program provides
funds to the development community who are willing to come in and develop
affordable housing. These are the rules
that HUD imposes and one is that if construction hasn’t started in 12 months, the
money needs to be repaid. This developer
has developed a number of affordable housing projects in the community. This one was a little unique in that the City
of Sanford and the developer got into a discussion about the location of the
property and then he couldn’t get it rezoned.
Unfortunately, the HUD rules state if you haven’t performed in 12
months, the County, who had the benefit of it, is the one that has to repay the
money.
Upon inquiry by Commissioner Henley regarding the
chances of HUD returning the money for the purpose that it was originally
intended, Ms. Turner stated that in essence, the County is paying itself
back. They will take General Fund
dollars and pay those back; then HUD will return the funds back to the County
as HOME funds. Commissioner Horan stated
that on a balance sheet basis, it is a zero-zero transaction. Mr. Applegate added that if there is no
closing and the City of Sanford/Florida SPECS deal falls through, the County
will have the right to foreclose on the property. Discussion ensued.
Commissioner Constantine commended Ms. Turner and County
staff for their efforts and stated that the concerns from 2009, where everything
was not in place that should have been to move forward, have been rectified,
and this will not happen again.
Motion
by Commissioner Constantine, seconded by Commissioner Carey, to approve and
authorize the Community Services Director to make arrangements with appropriate
County staff to reimburse its Home Investment Partnerships Program (HOME) Home
Investment Trust Fund in the amount of $542,375 for the terminated Sanford Lofts
Apartments project; and to approve and authorize the County Manager to execute
the appropriate Satisfaction of Mortgage, if and when the owners of Florida Superior
Properties Economic Community Services, Inc. (Florida SPECS) submit payment to
Seminole County in the amount of $350,000 for reimbursement of the land acquisition
costs provided to Florida SPECS.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to approve a Resolution
implementing Budget Amendment Request (BAR) #13-070 in the amount of $542,375
through the General and HOME Program Funds in order to establish a budgeted
transfer to implement the HOME Program reimbursement presented.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize the Chairman to
execute appropriate Resolution #2013-R-106, as shown on page _______, implementing
Budget Amendment Request (BAR) #13-070 in the amount of $542,375 through the
General and HOME Program Funds in order to establish a budgeted transfer to implement
the HOME Program reimbursement.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to approve and authorize moving forward with
the Fiscal Year 2012-2013 Equipment Replacement and New Equipment List
presented.
Chairman Dallari stated he is in full support of the
Capital Equipment Replacement and New Equipment List; however, on the new
Public Works department item, which is the Asphalt Milling machine, he would
like it to come back at a later date if there are no objections. He has asked the County Manager for
additional information on the machine.
Upon inquiry by Commissioner Carey, Antoine Khoury, Public
Works, addressed the Board to advise they have repaired an existing Asphalt
Milling machine and expect it to last until early next year with no problems.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize moving forward
with the Fiscal Year 2012-2013 Equipment Replacement and New Equipment List,
with the exception of the new Asphalt Milling machine, which will be decided
upon during the upcoming budget process.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to approve Work Order #16 to PS-2468-07/BHJ,
National Pollutant Discharge Elimination System Services, for the Black Hammock
Creek Restoration and Floodplain Treatment Systems Design Phase I, with CDM
Smith, Inc., Maitland, in the amount of $122,316.48 presented.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to approve Work Order #16, as shown on
page _______, to PS-2468-07/BHJ, National Pollutant Discharge Elimination
System Services, for the Black Hammock Creek Restoration and Floodplain
Treatment Systems Design Phase I, with CDM Smith, Inc., Maitland, in the amount
of $122,316.48; and authorize the Purchasing & Contracts Division to
execute the Work Order.
Commissioner Constantine abstained from voting and
filed a Memorandum of Voting Conflict Form, as shown on page _______.
Districts 1, 2, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Henley, to approve and authorize
the following:
36. Approve and
authorize the Chairman to execute the Satisfaction of Order, as shown on page
_______, Imposing Restitution Lien for Incarceration
Costs for Defendant Jason Lee Mumblow, misdemeanor Case No. 00-8375-MMA, in the
amount of $159.11.
37. Approve
and authorize the Chairman to execute the First Amendment, as shown on page
______, to the December 18, 2012 Lease Agreement with the Central
Florida Zoo and Botanical Gardens simplifying the payment process and
recordkeeping for the lease agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Clerk’s Office
38. Expenditure Approval Lists, as shown on
page ______, dated February 25 and March 4, 2013; and Payroll Approval List, as
shown on page ______, dated February 28, 2013; approval of the BCC Official
Minutes dated February 26, 2013; and noting, for information only, the
following Clerk’s “Received and Filed”:
1.
Seminole
County Adopted Budget for Fiscal Year 2012/13, as shown on page ______.
2.
Conditional
Utility Agreements, as shown on page ______, for water and sewer service with
Oviedo Dental Specialist LLC for the project known as Central Florida Oral
& Maxillofacial Surgery.
3.
Utility
Agreements, as shown on page ______, for water and sewer service with Lansboro
Heathrow LLC/Heathrow 6 LLC for the project known as Colonial Grand at Heathrow
Phase 2A.
4.
Conditional
Utility Agreements, as shown on page ______, for Potable and Reclaimed Water
& Sewer Service with Taylor Morrison for the project known as Pearl Lake
Estates.
5.
Bill of
Sale, as shown on page ______, accepting potable water system within the
project known as Fern Park Plaza.
6.
Amendment
#2, as shown on page ______, to Work Order #7 to RFP-5706-10.
7.
Work
Order #3, as shown on page ______, to PS-6658-11.
8.
Work
Order #8, as shown on page ______, to PS-5187-05.
9.
Work
Order #5, as shown on page ______, to RFQ-5888-10.
10.
Contracts
for Services, as shown on page ______, as follows: John Fiorenza; Joseph G. Santora; David D.
Murwin, Jr.; Gerald S. Ryder; Stanley Ransom, Sr.; and David Lyons.
11.
Amendment
#2, as shown on page ______, to M-6607-11.
12.
Re-recorded
Neighborhood Stabilization Program Mortgage Deeds, as shown on page ______, by
Nvision Development Management Services for property located at 624 Locust
Court; 316 Tangerine Street; 1003 Conley Drive; and 1022 Faircloth Court.
13.
Mutual
Termination of Architectural and Engineering Services Agreement, PS-2084-07, as
shown on page ______, with Atkins North America, Inc.
14.
Recorded
Restrictive Use Covenant, as shown on page ______, by Habitat for Humanity of
Seminole County and Greater Apopka, Florida, Inc. for 453 MacGregor Drive.
15.
Re-recorded
Mortgage Subordination Agreement, as shown on page ______, with Wells Fargo
Bank, N.A. for down payment assistance financing for Fern Lee Spencer.
16.
Contracts
for Services, as shown on page ______, as follows: Lisa Cilfone; Karen Jean Fleming Fay; Tina
Louise Hostetler; Marrella Dorr; Janet Kaye; Patricia Dale Moore; James L.
Speake, Jr.; and Lory S. Zhao.
17.
Change
Order #1, as shown on page ______, to Work Order #49 to CC-2184-07.
18.
Work
Order #3, as shown on page ______, to PS-6487-11.
19.
Amendments
#2 and #3, as shown on page ______, to Work Order #3 to RFQ-5888-10.
20.
Amendment
#1, as shown on page ______, to Work Order #6 to PS-3166-08.
21.
Change
Order #3, as shown on page ______, to CC-7968-12.
22.
Tennis
Developmental Instructor Agreement, as shown on page ______, for Emily Madison
Myers.
23.
Contracts
for Services, as shown on page ______, as follows: Miguel Carvajal; Christopher Cetrone;
Guillermo Garcia; Derek Roth Neumann; Crystal Rae Penn; Scott Runda; and Spence
B. Youman.
24.
Work
Orders #98, #99 and #100, as shown on page ______, to PS-5120-02.
25.
Amendment
#1, as shown on page ______, to Seminole County Health Department Casselberry
Interior Renovation Services Agreement.
26.
Amendment
#1, as shown on page ______, to Adult Drug Court Services Agreement, Human
Services Associates.
27.
Work
Orders #101 and #102, as shown on page ______, to PS-5120-02.
28.
Amendment
#1, as shown on page ______, to IFB-601138-11.
29.
Work
Order #48, as shown on page ______, to PS-4388-09.
30.
Amendment
#2, as shown on page ______, to Work Order #4 to PS-5107-01.
31.
Change
Order #1, as shown on page ______, to Work Order #83 to CC-1284-06.
32.
Work
Order #40, as shown on page ______, to PS-3914-08.
33.
Work
Order #102, as shown on page ______, to PS-1529-06.
34.
Amendment
#2, as shown on page ______, to IFB-600770-10.
35.
Work
Order #99, as shown on page _______, to PS-1529-06.
36.
Development
Orders, as shown on page _______, as follows:
Valerie Thomas variance; Jonathan W. Miller variance; Gregory &
Elizabeth Gammage variances; Sally Aldrick variance; Steve Shard variance;
Joseph & Patricia Sexton variance; Valerie Thomas special exception; Greg
C. & Austin Lindsay Higgs variance; Brian & Amanda Cowl variance;
Terran & Lucinda Freeman variance; and Gary Skrobiak variance.
37.
Amendment
#3, as shown on page _______, to Work Order #37 to PS-3914-08.
38.
Closeout,
as shown on page _______, for Work Order #24 to CC-2183-07.
39.
Work
Orders #100 and #101, as shown on page _______, to PS-1529-06.
40.
Contracts
for Services, as shown on page _______, as follows: Jason Ross Cordova; William Domenech; Sarah
Linda Harkins; Jason Thomas Louwsma; John Sanders and Robyn Noel Suto.
41.
Bids as
follows: PS-8186-13 and RFP-601636-13.
Districts 1,
2, 3, 4 and 5 voted AYE.
--------
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Sheriff’s Office
39. Approve an expenditure of up to $25,000
from the Law Enforcement Trust fund to provide for a contribution to the
Central Florida Council, Boy Scouts of America.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Mr. Krug, Economic Development, presented
the request for approval of a Jobs Growth Incentive (JGI) Funding Agreement
with Digital Risk, LLC, in an amount not to exceed $600,000 for the creation of
up to 600 jobs, and execution of the associated Interlocal Agreement with the
City of Lake Mary addressing the City’s contribution to the JGI Incentive. He advised that the CEO of Digital Risk, one
of their Vice Presidents, and the company’s corporate advisors are in
attendance.
Mr. Krug advised that the capital
investment numbers have been revised from what staff originally reported. The capital investment is $6.3 million
including the $5 million leasehold and $1.3 million in capital
investments. He reviewed the timeline on
the creation of jobs per the agenda memorandum.
He stated there is no need for a Budget Amendment Request because the
first payment will not need to be made until the new fiscal year. He talked about the average annual wage of
the positions and said they will be great jobs for Seminole County residents.
Chairman Dallari commended Mr. Krug and
County staff for their efforts. He
thanked and welcomed the representatives of Digital Risk, LLC.
Upon Commissioner Carey’s request, Mr. Krug
advised that they expect Digital Risk to occupy a property with 50,000 square
feet of vacant space in the City of Lake Mary.
He stated that the more space that gets absorbed, the more pressure
there is on remaining space and the need to construct new buildings. Commissioner Carey stated that the County is
the benefactor of sales tax when buildings are occupied and people are paying
rent.
Commissioner Horan stated that the return
on investment here doesn’t take into account the kind of economic activity that
is generated by the jobs and by the people who move here who buy materials,
goods and services, etc. He said that Digital
Risk is the largest independent provider of risk, compliance and transaction
management solutions for the financial services market. The company was founded in 2005 and already
employs 1,750 people throughout Florida and the United States. He welcomed the representatives of Digital
Risk and commended Mr. Krug for a great job.
Motion
by Commissioner Horan, seconded by Commissioner Carey, to approve the Jobs
Growth Incentive (JGI) Funding Agreement, as shown on page ______, with Digital
Risk, LLC, providing an incentive in an amount not to exceed $600,000 for the
creation of up to 600 new jobs; and authorize the Chairman to execute the associated
Interlocal Agreement, as shown on page ______, with the City of Lake Mary
addressing the City’s contribution to the JGI Incentive in an amount up to
$300,000.
Under discussion, Commissioner Constantine
congratulated Digital Risk on their decision and stated he looks forward to
having them in the County.
Commissioner Constantine stated he wanted to caution
in regard to incentive programs that they ensure the jobs are not jobs already
in this region or area; that they are new jobs.
Chairman Dallari advised that staff included in the agreement with this
company that the jobs are a net gain and they cannot transfer positions from
other cities within the State of Florida to this area. Commissioner Carey further advised that it is
very specific in the state agreement as well.
Commissioner Horan gave a “shout out” to the City of
Lake Mary for their participation and partnership with this agreement and with
that of Verizon also.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND
STAFF BRIEFINGS
Motion
by Commissioner Horan, seconded by Commissioner Carey, to accept the
Informational Budget Transfer Status Report for FY 2012/13.
Districts 1, 2, 3, 4 and 5 voted AYE.
--------
Chairman Dallari announced they will now
attend the Verizon Groundbreaking Ceremony held at 901 International Parkway in
Lake Mary.
--------
Chairman Dallari
recessed the meeting at 9:20 a.m., reconvening at 1:00 p.m., with all
Commissioners (with Commissioner Constantine being late) and all other
Officials, with the exception of Deputy Clerk Terri Porter, who was replaced by
Deputy Clerk Eva Roach, who was present at the Opening Session.
VIEWING OF
“A CENTENNIAL MINUTE”
The
“Historical – Master Architect Elton J. Molton, Sr.,” and “Education – Higher
Education” Centennial Minute videos were displayed.
Commissioner
Constantine entered the meeting at this time.
PROOFS OF
PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner Horan to authorize the filing of the proofs of publication for
this meeting's scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S BRIEFING (Continued)
LEGISLATIVE
UPDATE
Nicole
Guillet, Economic and Community Development Services, addressed the Board to
advise she and Assistant County Attorney Ogla Sanchez de Fuentes have given
assignments to the County Department Heads and told them that they need to
start monitoring issues in their areas of responsibility that the Legislature
has brought forth. She advised staff
will touch base on some of the bills that are mentioned in the memorandum (not
received and filed) that is being sent to the Board on a weekly basis. She stated SB 952, Central Florida
Expressway, is moving through the Senate but not moving quickly through the
House. There is an identical bill in the
House, which is HB 945. She said most of
the discussions focused on the composition of the proposed Central Expressway
Authority. The membership will include
one appointment by the Chairs of the County Commissions for Lake, Seminole and
Osceola counties and that appointment can be a member of the Board. Also, the Governor will appoint a citizen
from Orange, Seminole, Lake and Osceola counties. The Orange County Mayor and the Mayor of
Orlando will also be members. The
non-voting member will be the Director of the Florida Turnpike Authority. Staff has concerns with language added to the
bill that says “electronic tolls collected on the expressway system from
vehicles registered in Orange County must be used to finance projects built in
Orange County.” There is no comparable
language that addresses other counties.
Staff has not done an analysis as to what the travel patterns are, how
that might affect the system as a whole and how it will affect Seminole County,
but they are taking a closer look at that.
Chairman
Dallari stated he has concerns about that bill and he feels the Board needs to
offer some suggestions in changing that sentence. He added he feels there needs to be a
holistic approach to it; not just focusing on one county.
Commissioner
Horan stated operationally, he doesn’t know that would work when there is a
system and they have to allocate just those proceeds. He said he feels that someone is trying to
kill the bill and it can’t possibly be a serious endeavor to have that
executed. He added he is curious as to
what the plan is if they are going to start substituting language.
Ms.
Guillet stated staff can meet with Senator Simmons and their lobbyist to try to
change the language to where it is more acceptable to the Board.
Commissioner
Horan stated he feels that language needs to be removed.
Bryant
Applegate, County Attorney, reminded the Board that when Senator Simmons was
here, staff recommended that “all tolls collected” would stay within the entire
jurisdiction of the Authority. He stated
he is not sure if the provision that is in there now would be legal because of
certain bond requirements.
Commissioner
Carey stated that provision may have been put in there because it has something
to do with the bond coverage to ensure that their bonds are financially
sound. She said she feels that would be
an interesting question to ask Senator Simmons as to why he included that
language. From the Board’s perspective,
it needs to be a regional system with regional representation and all of the
funding continuing to flow throughout the region. She asked staff to follow up on this.
Chairman
Dallari stated there is consensus
from the Board to have staff work with their lobbyist or Senator Simmons to try
to craft acceptable language or to remove it.
Ms.
Guillet referred to HB 629 and SB 656, Commercial Rentals, and stated that the
commercial rentals are currently taxed at 6%.
This proposal is to phase out sales tax by reducing it by 1% per
year. The Florida Association of
Counties estimated that it will have a negative recurring financial impact to
local governments of $386 million annually.
This proposal is the number one priority of the Florida Association of
Realtors to try and get it through.
Commissioner
Carey stated the sales tax is passed on and paid for by the merchants, and she
is not aware that it has created any hardship.
She added what creates a bigger hardship for the tenants are the real
estate taxes and insurances. The cost of
insurance could probably be controlled if the counties had some assistance from
Tallahassee. She stated she doesn’t know
what the State or the Real Estate Board think they are doing by eliminating the
sales tax as she doesn’t believe it will make much difference for most people.
Commissioner
Constantine stated it is so different to disallow a sales tax on that compared
to everything else in the State of Florida.
He stated he can’t imagine the Legislature passing this.
Commissioner
Horan stated the Realtors website has a study that shows how this is going to
promote real estate development. He said
no one from the real estate industry has contacted him saying that this is
something they are going to support and it is important to them.
Chairman
Dallari requested that staff notify their lobbyist so they can keep an eye on
this.
Ms.
Guillet stated there are some transportation bills that deal a lot with
concurrency. One bill proposes abating
impact fees for three years and it focuses on small non-residential projects;
but nonetheless, it is a preemption of the County’s Home Rule to impose impact fees. Staff will be keeping an eye on that
bill. She stated the other issues
relating to concurrency aren’t as big a deal to staff because they are moving
towards eliminating concurrency completely within the County, per the Board’s
direction. There is a requirement that
if the County does not have concurrency in place, they have to permit the use
of prop-share mitigation. Staff will
work with Public Services to see what kind of impact that might have. The County is not permitted to delay a
project under any circumstances relative to transportation deficiencies. The County can impose that developers do the
improvements that their development is generating the need for.
Commissioner
Carey stated she feels the Board should take the position that they are going
to oppose anything that impacts their Home Rule Authority.
Ms.
Guillet stated SB 1107, HB 927 deals with agri-tourism and stated that bill
basically preempts local governments’ ability to regulate agri-tourism. She read the definition of agri-tourism. She said this bill sounds harmless, however,
some residents in the rural area tried to do recreational activities on an idea
that it is agri-tourism. Staff will
watch that bill very closely as it could cause some problems in the rural area.
Ms.
Guillet referred to SB 584/HB 901 and stated this bill limits local
governments’ ability to buy land for conservation purposes. In order to buy land for conservation
purposes, there must be an inventory of government-owned property that is not
more than one year old and it must be made public. There has to be sufficient funds to maintain
the property. If land is purchased,
there has to be an equal amount of public property not being held in
conservation that is returned or sold at fair market value to the private
sector.
Ms.
Guillet stated the Legislature is looking at collecting E-911 fees on prepaid
mobile phones, and that will increase some revenue if that bill goes
through. Upon inquiry by Chairman
Dallari, Ms. Guillet advised those fees are intended to be used for 911
systems.
Upon
inquiry by Commissioner Carey, Ms. Guillet advised she does not know if the
fees are tied into the “capping the communication tax” bill, but she will find
out. Ms. Guillet advised the House has
passed the internet cafe bill and the Senate is moving it forward. This bill basically prohibits internet cafes
and it has a very broad definition, which is something that simulates a game of
chance that falls within the definition of slot machines. The Senate bill for pain management clinics
has a “local government preemption clause.”
The House does not have that clause and they are working hard to get the
“local government preemption” language for the regulation of pain management
clinics out of the Senate bill. Most of
the bill deals with reporting and does not deal with regulation.
Olga
Sanchez de Fuentes, Assistant County Attorney, addressed the Board to advise
the House and Senate bills for the FRS Pension are different. The House bill has passed with a 74-42 vote. The House bill closes the pension plan and
requires new employees to invest in a 401(k) plan. The Senate bill provides that the default
election is the defined contribution investment plan and provides incentives to
employees who participate in that versus the pension plan. Defined contribution employees’ contribution
would be 2% rather than 3%. The pension employees would be penalized and
vesting would change from eight to ten years.
Staff will be monitoring this bill to see what will happen.
Ms.
Sanchez de Fuentes informed Commissioner Horan that since her last check, no
actuarial study has been done on either bill.
Commissioner
Horan stated he has a problem that they have nothing tangible to look at to see
what effect either bill will have on them financially. Ms. Sanchez de Fuentes and Ms. Guillet
advised that they will follow up on that issue.
Commissioner
Horan stated the one thing that concerns him is that no one seems to be able to
tell him structurally what this kind of reform means to state and local
governments. He stated he is trying to
figure out, from a public policy point of view, what he would support for his
local government, how that affects local government, how that affects their
ability to attract talent, how that affects them financially, and how that fits
into the interface with the public sector.
That is hard to do when there is no economic analysis.
Ms.
Sanchez de Fuentes stated discussions continue with regard to the appropriation
share of the County’s contributions to Medicaid. The Senate is interested in the streamline
approach based on the County’s proportionate share on the number of enrollees
versus the current fee for services approach.
The House has indicated that they are not interested in this approach. The Counties are going to be able to opt out
if they like the current system. The
House objects to that because they feel that will not lower administrative
overhead if both systems are in place.
The House is not interested in capping the growth rate. Florida Association of Counties will continue
to work behind the scenes to try to get this heard.
Ms. Sanchez de Fuentes stated the
Communication Services Tax language is still under evaluation by the Revenue
Estimating Conference. There is no
Senate companion (HB 303) and no date is set for the hearing. That would be a unified statewide rate.
Commissioner Carey stated she
received a call from a nonprofit group that provides healthcare to some of the
neediest communities. That group has
been told that the State Health Department is no longer going to deal with
OB/GYN, baby deliveries, etc. She stated
she has concerns with that as this county has had high numbers for premature
deaths. Seminole County came a long way
to get back into the lower numbers where they were having great outcomes. She said she believes a lot of that had to do
when the Health Department brought in an OB/GYN. The agency in Orange County had been notified
by the State Health Department that they need to pick up these patients. She stated as a nonprofit that is providing
healthcare coverage to those who do not have insurance, she feels it is pretty
presumptuous on the part of the State to think they can push that out to see
who is going to pick it up. She asked
staff to check and see what happened that caused that to be going on and to see
what they need to do about that.
With
regard to Medicaid bills, Chairman Dallari stated he would like staff to
research to see if the audit is being done on the medical records.
Ms.
Sanchez de Fuentes referred to the claims bill (HB 7123) relating to sovereign
immunity. She stated this will raise the
caps for $1 million for individual and $1.5 million per incident. This gives local governments an opportunity
to buy insurance. The counties can
choose to buy the insurance up to three times the cap at $3.45 million. The State would pick up the damages in the
claims bill beyond that amount.
Commissioner
Horan stated it looks like this bill is anecdotally driven. This would have a profound cost effect on the
County’s budget.
Ms.
Sanchez de Fuentes stated a lot of the theory is to keep the problems local and
resolve them by promoting mediation at the local level.
Ms.
Guillet mentioned a Federal issue alert from NACo regarding municipal bonds and
senate budget resolution, which has some language that could cap municipal
bonds at 28% or eliminate the opportunity for them. NACo is asking for support from local
governments to get that language removed.
Chairman
Dallari stated the County should discuss this issue with the Federal lobbyist
as well as send a letter to the Congressional members that represent the
County. He stated he assumes that the
Board is not supporting this.
Mr.
Applegate stated he circulated some articles on that issue and he will
re-circulate those to the Board.
The Board
had no objections to the Chairman
sending a letter opposing that action.
PUBLIC
HEARINGS
ORDINANCE AMENDING COUNTY
CODE
RELATING TO
WATER SERVICE AREAS
Proof of
publication, as shown on page ________, calling for a public hearing to
consider an Ordinance amending portions of Seminole County Code Section 270.1 –
270.226, with updates addressing changes in nomenclature; adds reclaim water as
a provided utility service, adds new definitions and expands some existing
definitions; authorizes the payment of interest on all utility deposits;
provides for uniform rates throughout the service area; requires all customers
to pay for water and sewer volume charges; authorizes the Director to make
adjustments to correct billing, mechanical and meter-reading errors; and
clarifies guidelines for customers to transition from potable irrigation to
reclaim irrigation, received and filed.
Hubert
Jacques, Environmental Services, addressed the Board to advise this item was
revised to correct nomenclature, grammar and spelling that was found during a
briefing with Commissioner Carey. A
corrected copy of the changes was received and filed. He stated the changes modernizes the terminology
in both codes and brings them up to date with current business practices and
operations. He reviewed the updates as
outlined in the agenda memorandum.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner Horan to adopt Ordinance #2013-12, as shown on page
________, amending portions of Seminole County Code Section 270.1 – 270.226,
with updates addressing changes in nomenclature; adds reclaim water as a
provided utility service, adds new definitions and expands some existing
definitions; authorizes the payment of interest on all utility deposits;
provides for uniform rates throughout the service area; requires all customers
to pay for water and sewer volume charges; authorizes the Director to make adjustments
to correct billing, mechanical and meter-reading errors; and clarifies
guidelines for customers to transition from potable irrigation to reclaim
irrigation, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr.
Jacques presented request to approve a Resolution amending the Seminole County
Administrative Code Section 20.45 with updates addressing the purpose,
definitions, rates and charges, criteria for customer installed irrigation
meters, requirements for a written application, criteria for deposit waivers
and additional deposits, clarifies the applicability of rules for payment of
basic service charges and volume charges and deposits. He advised that this resolution updates
Section 20.45 and Exhibit B and he reviewed same. Staff recommends approval of the
request. A corrected copy of the
Resolution was received and filed.
Motion by Commissioner Horan,
seconded by Commissioner Henley to adopt appropriate Resolution #2013-R-108, as
shown on page ________, amending the Seminole County Administrative Code
Section 20.45 with updates addressing the purpose, definitions, rates and
charges, criteria for customer installed irrigation meters, requirements for a
written application, criteria for deposit waivers and additional deposits,
clarifies the applicability of rules for payment of basic service charges and
volume charges and deposits.
Districts
1, 2, 3, 4 and 5 voted AYE.
ORDINANCE/SIX-CENT
LOCAL OPTION GAS TAX RENEWAL
Proof of
publication, as shown on page ________, calling for a public hearing to
consider an Ordinance amending and restating Article I and Repealing Article II
of Part 2, Chapter 245, Seminole County Code, pertaining to the levy and
administration of the Six-Cent Local Option Fuel Tax authorized by Section
336.025(1)(a), Florida Statutes; providing for the re-imposition and extension
of said tax; and providing authorization for entry into new interlocal
agreements with the several municipalities within the County as to shared
distributions of the re-imposed tax, received and filed.
Cecilia
Monti, Resource Management, addressed the Board to review the background of the
local option fuel taxes and how the tax proceeds are distributed. She stated the proposed interlocal agreement
is a continuation of the interlocal agreement that has been in place since
1986. The County will maintain its share
of funds of 63.6% and the cities will maintain their share of 36.4%. All seven cities have approved the proposed
interlocal agreement, demonstrating their need and support for the continuation
of the local option gas tax. The
distribution among the cities’ revenues will be based on a five-year rolling
transportation expenditure methodology.
A clause is included in the interlocal agreement for a five-year review
if any of the cities would like to change the distribution requirement. Staff recommends approval of the request.
Commissioner
Carey referred to Section 4, Resolution of Disputes, and stated that any
disputes would go to CALNO and they would render an advisory and nonbinding
opinion. She asked whether it would be
efficient to go to the Department of Revenue (DOR) if the distribution was
challenged.
Ms. Monti
advised that CALNO has no legal authority over the dispute and it would go to
the Department of Revenue.
Mr.
Hartmann stated when staff met with the city mayors and managers, they decided
to leave some of the distribution formula and mechanism the same. He stated they also agreed that over the next
year, they will take a comprehensive look at that part of the interlocal
agreement to better streamline and define how they would approach those things
in the future.
Commissioner
Carey stated she feels it is a waste of time, in an advisory capacity and a
nonbinding opinion. She said it is one
more step that is not very efficient.
Commissioner
Dallari stated all parties agreed to leave the agreement as is and then take
the next year or so to try to fine-tune it to where everyone could live with it
and then bring it back.
Commissioner
Carey requested that staff bring that issue up when they review it.
Commissioner
Horan stated he shares Commissioner Carey’s concern as to whether CALNO may be
the best vehicle for disputes. He stated
he feels that some kind of vehicle for pre-suit or pre-administrative
proceeding dispute resolution is called for so they can make sure that the
parties have explored all options for settlement of the matter. He said he doesn’t have a problem with the pre-suit
dispute resolution as long as it doesn’t delay the process. He suggested they narrow the time periods
involved so it does not end up being a 120-day resolution proceeding especially
where it will not get resolved. He
recommended that they work on the time periods so it will not delay the
proceeding.
Ms. Monti
stated rates have to be submitted to the DOR by October 1, 2013 in order to be
effective January 1, 2014. Currently,
they present the process to CALNO the month before they are due and that
doesn’t give them much time to get any dispute of resolution changes to the DOR
before the deadline. Discussion ensued.
Commissioner
Constantine stated he feels it is important that, prior to sending it to the
State, the County and Cities work it out together if they can.
No one
spoke in support or in opposition of the request.
Motion by Commissioner Carey,
seconded by Commissioner Horan to adopt Ordinance #2013-13, as shown on page
________, amending and restating Article I and Repealing Article II of Part 2,
Chapter 245, Seminole County Code, pertaining to the levy and administration of
the Six-Cent Local Option Fuel Tax authorized by Section 336.025(1)(a), Florida
Statutes, on motor fuel and diesel fuel, as described in the proof of
publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Chairman Dallari, Mr. Hartmann advised he believes staff will begin
their work with the cities on revising some of the language soon.
Upon
inquiry by Mr. Applegate, Commissioner Carey advised the motion includes providing for the re-imposition and extension of
said tax. Commissioner Horan stated he agrees with that addition.
INTERLOCAL
AGREEMENT (EXHIBIT B) AMENDMENT
Proof of
publication, as shown on page ________, calling for a public hearing to
consider amending Exhibit B of the Seminole County Transportation and Education
Infrastructure Plan Interlocal Agreement to delete the CR 419 project (Orange
County line to Chuluota Bypass), received and filed.
Brett
Blackadar, County Engineer, addressed the Board to state the Board gave
direction at the January 22, 2013 work session to delete the CR 419 project
from the Orange County line to the Chuluota Bypass from the 2001 Sales Tax, and
to move the majority of the funding to the SR 426/CR 419 widening project in
downtown Oviedo. The Board also gave
direction to set aside $1 million towards interim safety improvements within
the CR 419 corridor. Per the
Transportation and Education Infrastructure Plan Interlocal Agreement, the
County is required to notify all governmental entities that are parties to the
agreement no less than 30 days before an advertised public hearing. A letter was sent to all parties involved on
February 11 and staff has not received any comments to date. He referred to the proposed Budget Amendment
Resolution (BAR) and stated this BAR will transfer the funds from the CR 419
Chuluota project to the downtown Oviedo project as well as setting aside the
safety improvement funds. This widening
project is still shown as a future need in the Comprehensive Plan and staff
will continue to monitor the traffic counts, crash history and travel time
delay information. If there are any
significant changes in the future, staff will bring this project back to the
Board for future consideration. Staff
recommends approval of the request.
At the
request of Commissioner Carey, Mr. Blackadar elaborated on the safety
improvements.
Jay
Zembower, 127 Big Oak Bend, addressed the Board to state he believes staff is
making the proper recommendation to move the project to the SR 426 area as it
shows extremely good management of the funds in that corridor. He stated he feels this is the obvious thing
to do and staff is going in the right direction.
No one
else spoke in support or in opposition.
District
Commissioner Dallari stated he is in favor of doing this and he would like
Board approval of same.
Motion by Commissioner
Constantine, seconded by Commissioner Carey to approve Amending Exhibit B, as
shown on page ________, of the Seminole County Transportation and Education
Infrastructure Plan Interlocal Agreement to delete the CR 419 project (Orange
County line to Chuluota Bypass); and authorize the Chairman to execute
appropriate Resolution #2013-R-109, as shown on page ________, implementing BAR
#13-068 through the 2001 Infrastructure Sales Tax Fund.
Districts
1, 2, 3, 4 and 5 voted AYE.
LOCAL
OPTION GAS TAX REVENUE ORDINANCE (Continued)
Motion by Commissioner Carey,
seconded by Commissioner Horan to authorize the Chairman to execute a new
Interlocal Agreement, as shown on page ________, with the municipalities within
the County for the shared distributions of the 6-cent Local Option Motor Fuel
and Diesel Fuel Tax, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari stated he received a letter (not received and filed) from Aqua Fiber
expressing their opposition regarding Lake Jesup and they will be scheduling a
meeting with each Board member to discuss same.
He asked that each Board member contact Mr. Hartmann to give him their views
so this issue can be brought before the Board.
-------
Chairman
Dallari thanked Commissioner Horan, on his behalf, for speaking at the
Centennial Bike Event on March 21, 2013 as he had a conflict with a
groundbreaking in downtown Oviedo.
-------
Chairman
Dallari announced the groundbreaking in Oviedo for their new project and said
it was a big success. He, Commissioners
Horan and Constantine, as well as Mr. Hartmann were in attendance.
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Chairman
Dallari stated he received an e-mail referencing “Keep Seminole
Beautiful.” He stated the e-mail
indicated that Commissioner Constantine will be representing the BCC, but there
is no Board representation on “Keep Seminole Beautiful.”
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter dated February 25, 2013 from Diane
Pickett Culpepper, Bright House Networks, to Commissioner Bob Dallari RE:
launching of the Switched Digital Video (SDV) programming TV Japan HD. (C:
SGTV, CM, Michael Champagne, Bright House Networks)
2. Letter dated February 26, 2013 from Larisa
Perry, Wells Fargo Bank, to Commissioner Bob Dallari RE: Wells Fargo’s
agricultural banking program for livestock farmers, food processors, nurseries
and citrus growers in Central Florida.
3. Letter dated February 27, 2013 w/attachment
from Amber Brooks, Seminole County Legal Aid Society, to Commissioner Bob
Dallari RE: Free legal consultations for eligible Seminole County homeowners
whose income does not exceed 275% of the federal poverty guidelines. (C: BCC,
County Manager, Community Services)
4. Letter w/attachment dated March 1, 2013 from
Erin O’Donnell, City of Altamonte Springs, to Chairman Bob Dallari RE:
Voluntary Annexation of properties contiguous to Altamonte Springs. (C: BCC,
County Manager, Economic & Community Development Services)
5. Letter dated March 4, 2013 from Maurice
Jones, U.S. Department of Housing and Urban Development to Chairman Bob Dallari
RE: Information regarding the impact of the Federal Government’s budget cuts to
Seminole County. (C: BCC, County Manager)
6. Letter dated March 5, 2013 from John Woodard,
Kenneth Lester and John Galluzzo, Seminole County Court Judges, to Chairman
Dallari RE: Letter thanking the Board of County Commissioners for their
interest in the Seminole County Veterans Court Program. (C: BCC, Veterans Services)
7. Letter dated March 7, 2013 from John Woodard,
Seminole County Court Judge, to Chairman Dallari RE: Letter in support of
Seminole County’s application for a “Justice and Mental Health Collaboration
Program” grant. (C: BCC, County Manager,
Seminole Behavior Healthcare)
8. Notice from St. Johns River Water Management
District received March 11, 2013, RE: Funding available for water resource
development, alternative water supply development and springshed
nutrient-loading reduction construction cost-share projects. (C: BCC, County Manager, Environmental
Services)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Dallari announced that the Oviedo High School ROTC has placed first in the
Naval JROTC National Championship for youth shooting.
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Commissioner
Dallari stated he and staff met with the residents on SR 46 for the Safety
Study and he was amazed with the residents’ presentation that they put together
on their view of the safety plan.
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Commissioner
Dallari stated he attended the Geneva Founders Day Event this past Saturday and
everyone there sent their best wishes to the County. He submitted a letter (not received and
filed) from the Geneva Historic Society to Mr. Hartmann indicating that since
the County is talking to the School Board relative to running fiber optics in
that area, they would like to see if there is a way of extending the fiber to
the Rural Heritage Center as well.
Commissioner
Horan stated he would like to know if that includes certain areas in Chuluota.
Commissioner
Dallari stated he believes Walker Elementary and Geneva Elementary are the two
schools that don’t have fiber optics.
Commissioner
Carey stated it would be nice to receive a cost analysis on that.
Commissioner
Horan stated he agrees with the initiative of taking a look at that. He said it would nice to be able to do
something good for the School Board as well as the residents in a
cost-effective manner.
Commissioner Horan stated he attended
the Public School Facilities Planning Committee meeting that includes members
from the cities and the School Board.
Staff members from all the jurisdictions also attended that meeting. They are continuing to work through the
issues of the facilities planning. The
School Board is completing their process of rezoning; and in terms of right
sizing and full utilization of its facilities, they will be getting additional
reports that will allow them to finalize the interlocal agreement that is being
worked on at this time. Recommendations
from that will be presented in August 2013.
Upon
inquiry by Commissioner Horan, Nicole Guillet, Economic and Community
Development Services, advised the interlocal agreement is in a draft form for
the legal department to review.
Commissioner
Horan stated he believes the next Public School Facilities Planning Committee
meeting is scheduled and the interlocal agreement will probably be available
for execution in June.
Ms.
Guillet stated from that point on, staff will move forward with the plan
amendments to remove school concurrency from the Comprehensive Plan.
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Commissioner
Horan stated he and Commissioner Constantine attended the East Central Florida
Regional Planning Council (ECFRPC) meeting and Frank O’Day from the Florida
Department of Transportation (FDOT) made an excellent presentation concerning
the I-4 improvements. His presentation
was detailed relating to how they are going to do the center lanes that will be
limited access, how the pricing on that is supposed to work (it is going to be
based upon usage) and the project delivery method for the I-4
improvements. There will probably be
about 5 to 5½ years of construction and they will probably start around June
2014.
Chairman
Dallari stated MetroPlan’s website has a link to FDOT’s website and that shows
the graphics of how that is taking place.
Commissioner
Horan stated he would encourage everyone to go on FDOT’s website to review
presentation.
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Commissioner
Horan stated he is planning to attend the two-day Florida Association of
Counties meeting in Tampa this June and the estimated cost of the lodging,
mileage, parking and conference registration is $670.
Commissioner
Carey stated she is planning to attend this conference as well.
Motion by
Commissioner Constantine, seconded by Commissioner Carey to authorize
Commissioners Horan and Carey to attend the Florida Association of Counties
(FAC) Annual Conference scheduled in June 2013.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Horan displayed a copy of the new Seminole County Centennial book and stated
this book can now be purchased on the Seminole County Historical Society’s
website. Those who would like to
purchase the book can pay either by credit card or PayPal on the website.
Commissioner
Carey stated she came across a book that First Lady Barbara Bush gave to
her. The First Lady put a book plate on
the front of it with a handwritten note on the plate. She said she bought a case of the centennial
book as she thought it would be a great gift to give to their constituents that
have helped them out throughout the years.
She stated her assistant prepared a book plate with the Centennial logo
on it and her intention is to write a personal note on it so she can give them
out as gifts.
Commissioner
Horan stated he also purchased some books with the intention of giving them as
gifts. He stated the proceeds will go to
the Seminole County Historical Society.
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Commissioner
Constantine stated he also attended the Geneva Founders Day event as well as
the forum that was going on at the Yarborough Ranch. He added he and Commissioner Carey attended
the luncheon at the Central Florida Zoo with Pat Williams speaking at that
luncheon.
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Commissioner
Constantine stated he feels the graphics of the I-4 presentation were
amazing. He stated SunRail, the
expansion of I-4 and the Wekiva Parkway will be starting in 2014 and it is
wonderful to see all of those projects occurring at one time.
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Commissioner
Henley stated he received a letter from Heather Hohman resigning from the
Historical Commission. He would like
Board approval to send her a Resolution of Appreciation for her services on
that Board. He also would like to
appoint Beverly Myers to the Historical Commission to complete that unexpired
term ending on January 1, 2015.
Motion by Commissioner Horan,
seconded by Commissioner Carey to adopt appropriate Resolution #2013-R-110, as
shown on page ________, of Appreciation to Heather Hohman for her services on
the Historical Commission; and adopt appropriate Resolution #2013-R-111, as
shown on page ________, appointing Beverly Myers to the Historical Commission.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Henley stated at the LYNX meeting, they authorized release of an RFP for the
integrated software system including necessary hardware for the flex bus
system. LYNX has never agreed to operate
that system nor pay for it. The
implementation process and payment of the demonstration will be up to the
cities. The software portion has been
paid for by a Federal grant. He stated
LYNX has hired Stewart Boggs, the new Director of Planning and Development, and
he has an impressive background. Mr.
Boggs has experience in strategic planning and the oversight of rail and
bus. He submitted a copy of Mr. Boggs’
resume (not received and filed). Mr.
Boggs has been encouraged to meet with each BCC member.
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Commissioner
Carey stated she attended the ribbon cutting for the Fairwinds Credit Union
Indian Rhinoceros exhibit at the zoo earlier this month. She, Commissioners Constantine and Horan
attended the “Leader of the Pack” luncheon with Orlando Magic Senior Vice
President Pat Williams being the motivational speaker. It was about raising awareness of the
wonderful things they have at the zoo.
She encouraged everyone to visit the zoo as it is great entertainment
for the families and schools.
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Commissioner
Carey stated she attended the Seminole County Port Authority meeting and it was
brought up that the Legislature took action that would only allow 20 weeks of
compensation if a person was terminated without cause. Mr. Van Gaale’s current contract allows a
6-month severance package. The County
Attorney’s office shared their thoughts with the Port Authority attorney and he
discussed that issue at that their last meeting. The Port Attorney Chairman, Damon Chase,
suggested that they ask for an Attorney General opinion on that issue to
confirm this applies to the Port. She
stated after they receive the Attorney General’s opinion on that issue, she
will inform the Board of same.
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Commissioner
Carey stated she attended the Central Florida Commission of Homelessness (CFCH)
meeting last Tuesday and they are in the process of reorganizing that
group. The CFCH is looking for a new CEO
and there was a recommendation made to hire Andre Bailey which was
approved. Mr. Bailey comes from a local
nonprofit organization and is used to dealing with feeding, clothing and
sheltering the homeless.
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Commissioner
Carey advised the Junior Rodeo is being held at the Yarborough Ranch on
Saturday, March 30, 2013 at 2:00 p.m.
She stated a historical marker is also being placed in Geneva on the
same day at 10:00 a.m. She advised the
entry fee for the Junior Rodeo are can goods and those will be donated to the
Russell House of Orlando. She announced
that the Seminole County Self-guided Farm Tour is scheduled on Friday, April 5,
2013 and lunch is provided at the Yarborough Ranch at 12:00 noon. Preregistration is required for that with a
$10.00 ticket at the door.
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Commissioner
Carey announced the annual Golden Eagle Boy Scout event is coming up. She and the Sheriff have chaired this event
over the eight years. This event has
been held in Seminole County since 1999 and they have honored Congressman Mica
at that time. It continues to be a local
event they have consistently raised over $220,000. The event will be held at the Westin Hotel on
April 4, 2013.
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Commissioner
Carey stated the Ovarian Cancer Alliance Teal Magnolia luncheon is scheduled on
April 6, 2013 at the Westin Hotel and she is the Chairman of that event.
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Commissioner
Carey stated Bright House will televise the first volleyball match between the
Lyman High School Greyhounds Volleyball team and Winter Park High School on
April 2, 2013 at 7:00 p.m. Lyman High
School is currently ranked number one in the state.
COUNTY
MANAGER’S REPORT
Mr.
Hartmann stated at the last meeting, the Board considered a loan request from
the Seminole Work Opportunity Program (SWOP).
He stated staff has had some discussions with the organization, but he
would like a couple more weeks to obtain more details on the transportation
side of their organization, which he feels is instrumental to the long-range
viability. The Board had no objections.
COUNTY
ATTORNEY’S REPORT
Mr.
Applegate stated he has been asked to speak to the Seminole County Legal Aid
Society Board of Directors in May regarding pro bono efforts for attorneys
fighting for seriously-ill children.
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Mr.
Applegate stated he will be attending the Florida Association of County
Attorneys executive board meeting on April 3, 2013 in Tallahassee and he will
be getting first-hand updates as to what is going on as well as putting
together a CLE program for their annual conference.
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Chairman
Dallari announced that a Parks and Recreations and Sports Complex work sessions
are scheduled following this meeting.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:30 p.m., this same date.
ATTEST:______________________Clerk____________________Chairman
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