BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 27, 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 27, 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)
Clerk of Circuit Court Maryanne Morse (late)
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Commissioner Dick Van Der Weide (District 3)
Dr. DeGrando Franks, North Metropolitan Church of God, Longwood, gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
Chairman Carey stated that Commissioner Van Der Weide will not be in attendance today.
AWARDS AND PRESENTATIONS
Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.
Motion by Commissioner Horan, seconded by Commissioner Dallari to adopt Proclamation, as shown on page ________, proclaiming the month of April 2012 as “Child Abuse Prevention Awareness Month in Seminole County”, and April 3, 2012 as “Parents and Children’s Day in Seminole County”.
Districts 1, 2, 4 and 5 voted AYE.
The Board presented the Resolution to Jeff Griesemer, President/CEO of Child Rescue Network, who addressed the Board to express his appreciation. He stated the Child Rescue Network will be saluting the Child Protective Service investigators and staff on April 24 and 25, 2012 from 8:30 a.m. to 10:00 a.m. for the excellent job they have done in the community. He invited the Board to attend.
Motion by Commissioner Horan, seconded by Commissioner Henley to adopt Proclamation, as shown on page ________, proclaiming the month of April 2012 as “Water Conservation Month in Seminole County”.
Districts 1, 2, 4 and 5 voted AYE.
The Board presented the Proclamation to Debbie Meinert, Environmental Services, who addressed the Board to thank the Board for their continued support in the water conservation program. She stated the Environmental Services office will be having “exchange your shower head” for a “low flow shower head” during the month of April.
At the request of Chairman Carey, Ms. Meinert clarified how many days water irrigation is permitted during the week.
Motion by Commissioner Dallari, seconded by Commissioner Henley to adopt Proclamation, as shown on page _________, proclaiming April 14, 2012 as “Mike Barr Day”.
Districts 1, 2, 4 and 5 voted AYE.
The Board presented the Proclamation to the family of Mike Barr. Mrs. Barr addressed the Board to express their appreciation.
Chairman Carey stated Mr. Barr gave a lot to this county and he will be greatly missed.
Commissioner Dallari stated there are so many wonderful stories about Mr. Barr and he will truly be missed.
Bobby Brantley, Shutts & Bowen, addressed the Board to present the 2012 Legislative Session and Activities. He stated this year’s session was probably one of the most bizarre things that he has witnessed in Tallahassee. He stated he submitted information (received and filed) to the Board relating to legislative issues. He said there were a number of bills that died during the session and many of those were good bills that should have passed but got caught up in the infighting that was going on and failed. He reviewed the Expressway Authority and Internet Cafes bills that did not pass. He stated the internet cafe issue will be back next year and is not going to end anytime soon as well as the casino issue for South Florida. Several bills for septic tanks were filed that would have put them back to the old law; and finally, by attaching one of them to a major bill that was moving, they were able to get it passed.
Mr. Brantley stated the most controversial bill of the session was the Medicaid bill. There were a lot of Senators who opposed passing this bill. The Senate Appropriations Chairman indicated that he did not like the bill as he felt it was bad for the counties, but the budget is predicated on the income from the bill so they have to pass it. He stated he knows that there will be a lawsuit on this bill, he doesn’t know what the Governor’s position is going to be on it. If the Governor vetoes the bill, most likely they will need a special session because so much of the budget is funded by this bill.
Chairman Carey stated the Board sent a letter to the Governor asking him to veto this item as well as a resolution as part of the Florida Association of Counties regarding that bill.
Mr. Brantley stated those things were very controversial in both houses. Most of them knew that it was going to be a negative impact on every county in Florida. He stated there were numerous bills this year that cut the amount of income the counties would have because of the counties having to give additional homestead exemptions and taking away revenue sources from local governments. He added the Dept. of Revenue is also trying to grab taxes from people that don’t owe the taxes.
Chairman Carey stated the most frustrating thing to her is instead of the State looking internally at their own operations, they are continuing to pass unfunded mandates to local governments.
Mr. Brantley stated Seminole County has made hard decisions and have done the right thing and a lot of other counties have not, and sometimes they get punished for other counties’ shortcomings. He added he will be happy to discuss the other issues with the Board at a later time.
Commissioner Horan discussed with Mr. Brantley the budget effect of the Medicaid bill and the reconciliation process.
Upon inquiry by Commissioner Henley, Mr. Brantley advised he has not had an opportunity to see the proposed bill from Representative Gardiner to combine Lynx, SunRail, and the Orange/Osceola County Expressway. He stated he understands that Representative Gardiner is working on a bill for the next session.
Commissioner Henley stated he understands that Representative Gardiner is preparing to refile it. He said he would like Mr. Brantley to find out as much as he can on this because Seminole County is a funding partner by contract of SunRail and Lynx. He said he has no problem combining those two under the proper governance; but, he has a problem with combining the Orange/Osceola Expressway Authority as Lynx and SunRail transport people. The Expressway Authority builds roads and he doesn’t want a third party authority in control of the County’s funding on SunRail and Lynx. He stated $46 million is already invested in SunRail and the County is supposed to take over the operations seven years after the train rolls. He said he doesn’t think the Board should wait until this bill is filed to try to take positions. He added he found out that Florida Department of Transportation (FDOT) is taking no position on the bill.
Chairman Carey stated she understands that the bill has a funding mechanism in it.
Commissioner Henley stated he would like to know what happens to all the contracts that were signed earlier and with the agreements that the County signed with both organizations since then. He said he doesn’t want this County to be gobbled up and still have to pay for most of those services and yet a road building organization may have control over it.
Mr. Brantley stated he understands that what Representative Gardiner is looking at is encompassing all of these things into one bill.
Commissioner Henley stated he is concerned about the governance of what that bill would set up.
Chairman Carey stated she is interested in seeing the funding portion. She stated if it is a regional authority, it needs to have regional representation. She asked Mr. Brantley to check into that and stay on top of it.
Upon inquiry by Commissioner Dallari, Mr. Brantley advised the Internet Gaming is going to be a hot issue again next year. He stated the counties and cities are going to have to dig in and fight harder to hold onto what they have. The State is going to keep looking for more and more ways to find money.
Chairman Carey stated what the Legislature does in Tallahassee affects the County’s decisions as well as the person looking to start a business here.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, addressed the Board to state the Board received clarification in designating the sole attorney for Item #7, Award RFP-601345-12. He advised that staff has included three add-ons, #10A, Approve Resolution to submit grant application to the Florida Dept. of Environmental Protection Recreational Trails Program in the amount of $200,000; #10AA, Approve Resolution to submit grant application to the Florida Dept. of Agriculture and Consumer Services supporting public education on urban forests at the site of “The Senator”, as both of them were time sensitive. He informed the Board of add-on #15A, Approve minor plat for Belle Estates, as this item was time sensitive as well.
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize and approve the following:
County Manager’s Office
5. Approve travel and mileage reimbursement in the amount of $342.88 to Commissioner Carlton Henley for miscellaneous travel from January 2011 through November 2011.
Purchasing & Contracts Division
6. Award RFP-601323-11/TLR, as shown on page ________, Term Contract for Aquatic Maintenance to McLane Excavating Co., Pierson, for the estimated amount of $887,884.00 per year and authorize the Purchasing and Contracts Division to execute the agreement.
7. Award RFP-601345-12/BJC, as shown on page ________, Legal Services for Special Magistrate to Melvia B. Green, P.A., Tampa, at an hourly rate of $150.00; and Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A., Lake Mary, at an hourly rate of $165.00.
8. Approve a Substantial Amendment to the 2010-2015 Consolidated Plan and the 2009, 2010, and 2011 One-year Action Plans and authorize the Community Services Director to submit amendments to the U. S. Department of Housing and Urban Development (HUD).
Solid Waste Division
9. 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, 2012.
10. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for Comfort House, Inc., effective from March 27, 2012 through September 30, 2012.
10A. Approve appropriate Resolution #2012-R-71, as shown on page _________, authorizing staff to submit a grant application in the amount of $200,000 to the Florida Department of Environmental Protection Recreational Trails Program for the Seminole Wekiva Trail Resurfacing and Trailhead improvements project; authorizing appropriation of a like amount of local funds from other sources to satisfy the matching funds requirement for the grant; and authorize the County Manager to execute any documents required for the grant application and acceptance of an award.
10AA.Approve appropriate Resolution #2012-R-72, as shown on page _________, authorizing staff to submit a grant application in the amount of $20,000 to the Florida Department of Agriculture and Consumer Services to support public education on urban forests at the site of “The Senator” of Big Tree Park, providing for a local match either as cash or in-kind goods and services up to an additional $20,000 in order to satisfy the grant requirements; and authorize the County Manager to execute any documents associated with the grant application and acceptance of an award.
11. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-73, as shown on page ________, implementing Budget Amendment Request (BAR) #12-044 through the General Fund to appropriate funding from reserves in the amount of $451,132 to establish the Renovations Project (00243102W) for the former State Attorney’s Building.
12. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-74, as shown on page ________, implementing Budget Amendment Request (BAR) #12-045 in the amount of $0 through the General Fund to transfer funding and responsibility for facility landscaping services from the Central Services Department to the Leisure Services Department.
13. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-75, as shown on page ________, implementing Budget Amendment Request (BAR) #12-051 in the amount of -$25,681 through the Disaster Preparedness Fund to reduce carryforward grant funding for the Emergency Management Program.
14. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-76, as shown on page ________, implementing Budget Amendment Request (BAR) #12-053 through the Libraries Donation Fund in the amount of $68,040 to recognize cash balances forward/contributions and appropriate expenditures for the Summer Reading Program, E-book services, and other Library operational supplies/equipment.
Planning & Development Division
15. Adopt appropriate Resolution #2012-R-77, as shown on page ________, vacating and abandoning that certain 7.5 foot wide platted utility easement being more particularly described as the Southerly 7.5 feet less the Easterly 7.5 feet of Lot 35, Wekiva Hunt Club Fox Hunt Section 1, according to the plat thereof, as recorded in Plat Book 18, Pages 79 though 83, of the Public Records of Seminole County, Florida, more particularly known as 107 Tedworth Court, Ramona Pippin.
15A. Approve and authorize the Chairman to execute the minor plat for Belle Estates for property located on the north side of Golden Hawk Cove, approximately 730 feet east of Brooks Lane.
16. Approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page _________, between Seminole County and School Board of Seminole County for Engineering Services for Seminole County Emergency Shelters.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Horan commented that the Friends of the Library contributed $60,000 for Item #14, Approve Resolution implementing BAR #12-053, and he would like to give kudos to them for their contribution.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Dallari to authorize and approve the following:
17. Expenditure Approval Lists, as shown on page ________, dated February 27 & March 5, 2012; and Payroll Approval List, as shown on page ________, dated March 1, 2012; approval of BCC Minutes dated February 28, 2012; and noting, for information only, the following Clerk’s “received and filed”:
1. Amendment #3, as shown on page ________, to RFP-600933-10.
2. Work Order #89, as shown on page ________, to PS-1529-06.
3. Change Order #3, as shown on page ________, to Work Order #22 to CC-2183-07.
4. Change Order #2, as shown on page ________, to CC-5931-10.
5. Change Order #4, as shown on page ________, to CC-6365-11.
6. Change Order #2, as shown on page ________, to CC-6784-11.
7. Contracts, as shown on page ________, for Services for Joel Lipscomb; Kevin Longshore; Kristoffer Sawyer; and Ray Schleichkorn.
8. Work Order #30, as shown on page ________, to PS-3914-08.
9. Work Order #3, as shown on page ________, to PS-5151-03.
10. Work Order #93, as shown on page ________, to PS-5120-02.
11. Amendments #1, as shown on page ________, to Work Orders #6, #7 and #8 to RFP-5465-10.
12. Closeout, as shown on page ________, for CC-6879-11.
13. Amendment #1, as shown on page ________, to Work Order #11 to M-5004-09.
14. Closeout, as shown on page ________, for CC-5083-10.
15. Amendment #3, as shown on page ________, to Work Order #13 to PS-4388-09.
16. Amendment #2, as shown on page ________, to Bid-601196-11.
17. Amendment #2, as shown on page ________, to Work Order #11 to M-5004-09.
18. Closeout, as shown on page ________, for CC-3631-08.
19. Amendment #2, as shown on page ________, to Work Order #84 to PS-1529-06.
20. Change Order #2, as shown on page ________, to Work Order #43 to CC-2184-07.
21. Amendments #2, as shown on page ________, to CC-1284-06, Stage Door II, CFE and Compilog International Company.
22. Contract, as shown on page ________, for Services, Emily Przybylski.
23. Work Order #18, as shown on page ________, to RFP-5465-10.
24. Amendment #4, as shown on page ________, to Work Order #29 to PS-5190-05.
25. Innovak of Florida, Inc. d/b/a New Horizons Computer Learning Center Training Provider Agreement, as shown on page ________.
26. Amendment #1, as shown on page ________, to Work Order #13 to RFP-5465-10.
27. Closeout, as shown on page ________, for Work Order #43 to CC-2184-07.
28. Closeout, as shown on page ________, for CC-6805-11.
29. Change Order #2, as shown on page ________, to Work Order #17 to CC-2183-07.
30. Amendment #1, as shown on page ________, to Work Order #68 to PS-1529-06.
31. Order before the Florida Public Service Commission approving in part requested increase in water and wastewater and requiring refunds with interest in Alachua, Brevard, DeSoto, Hardee, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia and Washington Counties by Aqua Utilities Florida, Inc.
32. Release, as shown on page ________, of Lien for Equity Holding Corp. Trustee, Citibank c/o EMC Mortgage Corp. (Case #09-57-CEB) as approved by the BCC on January 10, 2012.
33. Bids as follows: 601344-12 and 601357-12.
Districts 1, 2, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize and approve the following:
18. Approval to contribute $8,000 from the Sheriff's Law Enforcement Trust fund to provide funding in support of "Project Graduation - 2012", an alcohol and drug free celebration for Seminole County high schools on graduation night.
19. Approval to contribute $2,000 from the Law Enforcement Trust Fund to provide funding in support of the Rising Achievers Program sponsored by the Rotary Club of Seminole County South.
20. Approval to contribute $5,000 from the Law Enforcement Trust Fund to provide funding in support of the United Negro College Fund.
21. Approval to contribute $19,000 from the Law Enforcement Trust Fund to the "Take Stock in Children" Mentoring and Scholarship Program administered by The Foundation for Seminole County Public Schools, Inc.
22. Approval to expend $3,000 from the Law Enforcement Trust Fund to provide a contribution to the Seminole County Youth Commission in support of Youth Summit IV.
Districts 1, 2, 4 and 5 voted AYE.
Ray Hooper, Purchasing Manager, addressed the Board to present request to approve Work Order #2 to the Construction at Risk (RFQ-5888-10/BLH-A1A Contract) with Wharton-Smith, Inc., establishing the Guaranteed Maximum Price (GMP) for construction upgrades at the Southeast Regional Water Treatment Plant (SER) at $22,749,076.
Motion by Commissioner Horan, seconded by Commissioner Henley to approve Work Order #2, as shown on page ________, to the Construction at Risk (RFQ-5888-10/BLH-A1A contract) with Wharton-Smith, Inc., establishing the Guaranteed Maximum Price (GMP) for construction upgrades at the Southeast Regional Water Treatment Plant (SER) in the amount of $22,749,076; and authorize the Purchasing and Contracts Division to execute the work order.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Dallari asked staff where they were with the other water treatment plants.
Andy Neff, Environmental Services Director, addressed the Board to advise staff is looking to award the Guaranteed Maximum Price (GMP) for the Country Club Water Treatment Plant this summer (July). He stated the water quality for the Lynwood Water Treatment Plant is looking a lot better and staff is going to move forward with that later on. He said staff is awaiting a test for the Markham Water Treatment Plant from the pilot study that is underway on the bromate formation to ensure that they can still use ozone at that plant. As soon as that test is done, staff will make other decisions on how to proceed.
Upon inquiry by Commissioner Dallari, Mr. Neff advised the deadline for those timelines for those three plants is coming up. He said the Country Club Water Treatment Plant is going to be tight, but staff feels that they can make the deadline, and they will let the Board know if they cannot. Staff is planning to go for a relief at the Markham Water Treatment Plant with EPA (Environmental Protection Agency) and DEP (Dept. of Environmental Protection).
Upon further inquiry by Commissioner Dallari relative to the Markham Water Treatment Plant, Mr. Neff advised staff needs to wait on the testing of the bromate formation to verify the design work; and after that, they can make decisions on how to proceed. He stated it is potentially possible to roll the Markham Water Treatment Plant into a CM (construction management) at Risk project; but usually CM at Risk is started at the beginning and then the design team is acquired in conjunction with the CM team so they can work together. He stated this project was originally conceived as a design bid build and that is where it has been thus far.
Commissioner Dallari stated it seems to him that they keep working on one plant and it doesn’t seem like they are moving forward with it. He stated strategically, they are looking at a deadline and he wants to make sure that they are meeting it. He added a lot of testing has been done, but they are doing more testing.
Mr. Neff stated there has been changing water quality conditions at the Markham Water Treatment Plant.
Commissioner Dallari stated the last 10% of the project is perfect to bring on a CM at Risk project and the deadlines and costs are his major concern.
Chairman Carey stated staff can provide more detail about this issue during the April 10 work session. She stated one of the issues at the Markham Water Plant is one or two wells and at some point, the Board may need to make a decision to drill new wells instead of messing with the one or two wells that cannot meet the water quality test. The Board needs continued updates on the status of that.
Commissioner Dallari stated he feels the testing should be included in the firm’s cost that did the design.
Chairman Carey asked does the Board need to look at going back to the firm that has been doing the testing and say this is going to be on them because of some error or omission.
Mr. Neff stated staff has a number of options at that location and they have looked at a number of different ways to approach it. One way is to interconnect the Heathrow and Markham well fields and to shift water production from Heathrow to Markham.
Commissioner Dallari stated they have been talking about this for three years and now they are a year and a half behind instead of a year and a half ahead. He stated they need to get the right game plan together.
Chairman Carey stated the Board is looking forward to discussing this further at the work session on April 10.
Upon inquiry by Commissioner Henley, Mr. Neff advised the test should be completed in about two months. This testing series has just started.
COUNTY MANAGER AND STAFF’S BRIEFINGS
The Board noted, for information only, the Informational Budget Transfer Status Report – FY 2011/12.
Mr. Hartmann stated he received a letter from the Charter Review Commission indicating that the Commission had dissolved itself and ended its 2011/2012 session. He stated six meetings and two public meetings were held and they are not proposing any changes to the charter; therefore, they dissolved themselves.
COUNTY ATTORNEY’S BRIEFING
Chairman Carey recessed the meeting at 10:24 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Eva Roach who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Henley, seconded by Commissioner Dallari, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 4 and 5 voted AYE.
CHULUOTA RESIDENTIAL REZONE/
Donald and Audrey Ograyensek
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance to rezone 0.6 acres located on the north side of 9th Street, approximately 1/4 mile west of C.R. 419, from R‑3 (Multiple Family Dwelling) District to R‑1 (Single Family Dwelling) District, Donald and Audrey Ograyensek, received and filed.
Joy Williams, Planning and Development Division, addressed the Board to present the request, advising that the applicants are requesting a rezone from R‑3 to R‑1 with the intention of combining the subject site with a vacated alley and a property adjacent to the north. The subject property meets the requirements for the R‑1 zoning district minimum lot size and width and is compatible with existing High Density Residential Future Land Use.
Ms. Williams advised that the Planning and Zoning Commission met on February 1, 2012, and voted unanimously to recommend approval of the request. She stated that staff is recommending approval and requests the staff report be made a part of the record.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2012-3, as shown on page _______, granting rezoning of 0.6 acres located on the north side of 9th Street, approximately 1/4 mile west of C.R. 419, from R‑3 (Multiple Family Dwelling) District to R‑1 (Single Family Dwelling) District, as described in the proof of publication, Donald and Audrey Ograyensek.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey noted for the record that Commissioner Van Der Weide is not present.
PEARL LAKE ESTATES LARGE SCALE LAND
USE AMENDMENT AND ASSOCIATED REZONE/Dave Schmitt
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance amending the Seminole County Comprehensive Plan to enact a Large Scale Future Land Use Amendment from SE (Suburban Estates) to PD (Planned Development), for 34.12 acres, located on the west side of Orange Boulevard, approximately 1/4 mile south of Wilson Road and associated Ordinance rezoning the subject property from A‑1 (Agriculture) to PUD (Planned Unit Development), Dave Schmitt, received and filed.
Joy Williams, Planning and Development Division, presented the request, advising that the applicant proposes to develop the subject property as a single family residential subdivision with a maximum density of 2.5 dwelling units per net buildable acre, and a maximum of 69 lots. The subject property is within the Wekiva River Protection Area (WRPA) and the East Lake Sylvan Transitional Area.
Ms. Williams stated the Planning and Zoning Commission met on November 2, 2011, and voted unanimously to recommend approval. The Board of County Commissioners met on December 13, 2011, and voted unanimously to authorize transmittal of the request. The Department of Community Affairs reviewed the request and had no objections. She stated staff recommends approval and requested that the staff report be made a part of the record.
Upon inquiry by Chairman Carey, Ms. Williams stated that all of the lots are smaller than one-acre lots because the concept is to have smaller lot sizes with less impact to the natural resources.
Judy Stewart, Dave Schmitt Engineering, addressed the Board to state she concurs with staff’s recommendation and requested Board approval for the application.
Jack Owen, 5855 South Sylvan Lake Drive, addressed the Board to state his property borders the proposed subdivision being discussed by 1,320 feet on the east side. He described the farm equipment, woodworking shop and fish pond on his property and stated he does not think it is unreasonable to ask for a wall against the east side between his property and the subdivision. He explained why he believes there should be a brick wall. He requested that the Board require the subdivision to have a six-foot-high brick wall for the protection of the children.
Chairman Carey stated a six-foot chain link fence was discussed at the previous BCC meeting and that fence is part of the development order because there is a landscape buffer along there as well. The idea would be that the landscaping would grow and cover the fence so there would be a nice green separation rather than any kind of a wall. She advised that the County code does not require them to have a wall in this type of a setting.
Mr. Owen asked the Board to reconsider that and require a solid type wall. Chairman Carey stated the Board will take his request into consideration as they go through the process.
Richard Gauss, 5724 Terra Bona Court, addressed the Board to state he lives directly south of the subdivision and has the same problem with the chain link fence as Mr. Owen. He described his farming operations and said he believes it will be an attractive nuisance to any children in that subdivision. He stated it is real easy to get underneath a chain link fence. He requested a solid fence.
Mr. Gauss described the flooding that occurred five years ago. He explained that unless the subdivision does something about having a stop for the water coming from their subdivision onto his property and his neighbors' property, there will be more water that is going to come south. He stated he wants it on the record that when they have a wet season, they are flooded. He stated he strongly requests a solid fence and more of a look into the flooding and some way of getting the water out of the basin.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Chairman Carey discussed the flooding in the area.
Brett Blackadar, County Engineer, addressed the Board to state that after this item came to the Board in December, he met with the engineers, Dave Schmitt and Judy Stewart. He stated one of the challenges is that anything that is going to fall on the current site that is being developed now that used to flow onto other properties will be taken into the design of the subdivision, which should reduce some of the potential flooding. He stated they do not have data on what is happening and what might be coming from other County sites. He described the Orange Boulevard project that they are doing. He stated they have been pumping down the Seminole County Wekiva Trail corridor and described a connection, which is part of the project, which people will be able to use to pump into and it will flow down to the lake. Mr. Blackadar indicated various ponds on the map being displayed and explained that they don't know what the interaction will be between the ponds. He advised that he will continue to follow up with Mr. Schmitt, who was going to provide some data regarding this. Mr. Blackadar explained that for anything that falls on this private property now and ends up in the pond, there is nothing the County can do; but if there is some kind of contribution from Orange Boulevard or another one of the County ponds in the area that is causing problems there, that is something that the County may be able to work together with them in the future to try and fix.
Upon request by Chairman Carey, Ms. Williams explained the Code does not require that any type of wall or fence be put up. She stated it was brought up at the last BCC meeting and the Board requested that a six-foot chain link fence be installed along the western perimeter of the site, especially to keep people out of the area of the retention pond. That is what is in the development order now. Upon inquiry by Chairman Carey, Ms. Williams stated there is no fence proposed for the south border, that it will just be a landscape buffer. She described the setback requirements on the south and the west. She also described the front yard, rear yard and side yard setback requirements. Ms. Williams explained what would trigger a wall under the Land Development Code and stated since it is residential against residential, a wall is not required.
Chairman Carey stated when the Board discussed this item the last time, the chain link fence with plantings up against it was adequate for the protection of children with the 50-foot buffer on the south side. With that natural buffer, she does not believe there is a need to fence everybody in.
District Commissioner Carey stated she supports the request and recommended approval.
Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt Ordinance #2012-4, as shown on page _______, amending the Seminole County Comprehensive Plan to enact a Large Scale Future Land Use Amendment from SE (Suburban Estates) to PD (Planned Development), for 34.12 acres, located on the west side of Orange Boulevard, approximately 1/4 mile south of Wilson Road; adopt Ordinance #2012-5, as shown on page _______, granting rezoning of the subject property from A‑1 (Agriculture) to PUD (Planned Unit Development); and authorize the Chairman to execute the associated Development Order, as shown on page _______, as described in the proof of publication, Dave Schmitt.
Under discussion, Chairman Carey directed staff to make sure, when the drainage plan comes in under final engineering, that it addresses all of the drainage situations out there and asked the engineering staff to continue to look at that intersection, which they know historically to have an issue as far as drainage, to see if they can get some of that resolved.
Commissioner Horan stated he feels that what they are doing is reasonable, and they can protect the drainage in the area as well as the safety aspects of it by the safeguards that have already been put in.
Districts 1, 2, 4 and 5 voted AYE.
INDUSTRIAL PRETREATMENT ORDINANCE/Seminole County
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance amending the County's Wastewater System User Rules (Industrial Pretreatment) set forth in Part 8, Chapter 270, Seminole County Code, to prevent hazardous and other dangerous discharges to the County's wastewater system, Seminole County, received and filed.
Gary Rudolph, Utilities Manager, addressed the Board to present the request.
Commissioner Horan asked if Best Management Practices (BMP) is some kind of term of art from the regulators. Mr. Rudolph stated that BMP came from the regulators but the term has been around for years. It states exactly what it says, best management practices. He stated they use Best Management Practices so their system provides the protection that their wastewater system needs. He further described BMP's.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt Ordinance #2012-6, as shown on page _______, amending the County's Wastewater System User Rules (Industrial Pretreatment) set forth in Part 8, Chapter 270, Seminole County Code, to prevent hazardous and other dangerous discharges to the County's wastewater system, as described in the proof of publication, Seminole County.
Districts 1, 2, 4 and 5 voted AYE.
CONTINUED MORATORIUM ON
PAIN MANAGEMENT CLINICS/Seminole County
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance extending the moratorium on Pain Management Clinics until October 1, 2012, Seminole County, received and filed.
Bryant Applegate, County Attorney, presented the request. Mr. Applegate listed the reasons for extending the moratorium as follows: First, the State is not done with the rulemaking following their change to the Statutes over a year ago. Secondly, the Sheriff's Office has requested the extension to allow more time for them to do an investigation on how to proceed in adopting a final ordinance that closes all of the loopholes. He complimented the Sheriff's Office for all their good work in providing the backup necessary and continuing their investigation.
No one spoke in support or in opposition
Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt Ordinance #2012-2, as shown on page _______, extending the moratorium on Pain Management Clinics until October 1, 2012, as described in the proof of publication, Seminole County.
Under discussion, Commissioner Horan stated he was saddened to read that the Sheriff's Office has determined, through their tracking data, that the crime statistics for these establishments have not improved since the passage of the State law and since the County put the moratorium in place. He is in favor of the moratorium and of proceeding to pass an ordinance that is going to relieve what is obviously criminal activity with regard to these particular establishments. He stated as long as they are having seven to eight people a day in the state of Florida dying from prescription overuse and there is money to be made, he thinks it is incumbent for the Board to step in.
Mr. Applegate noted that most of the cities in Seminole County have extended their moratoriums as well. They are all waiting to see what comes out of the State and getting more information on the investigations.
Districts 1, 2, 4 and 5 voted AYE.
LAKE MARY WESTIN PUD MAJOR
AMENDMENT AND REZONE/YRG Hotel Group II, LLC
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance rezoning 8.15 acres, located on the NW corner of C.R. 46A and International Parkway, from PUD (Planned Unit Development) District to PUD (Planned Unit Development) District; and approve the associated Amended PUD Development Order and Amended Developer's Commitment Agreement, YRG Hotel Group II, LLC, received and filed.
Cynthia Sweet, Planning and Development Division, addressed the Board to present the request, advising the Major Amendment is to change the land use breakdown, increase the open space percentage, allow drive‑thru restaurants as a permitted use, and revise the internal landscape buffers. Ms. Sweet described the revisions (received and filed) to the agenda item which were distributed to the Board earlier. She stated staff finds that the PUD Major Amendment complies with the Seminole County Land Development Code, Development Standards for a Planned Unit Development, and finds that the requested amendment is compatible with the surrounding properties. Ms. Sweet stated staff recommends approval and requests that the staff report be made a part of the record.
Chairman Carey stated when the Board originally talked about this site of the Westin, there was discussion with the County Engineer regarding the left-turn lane when coming from the Heathrow area headed east on C.R. 46A. That left-turn lane did not make it into the development order so they thought they would memorialize it in this particular development order to make sure they take care of the traffic issue.
Attorney Steve Coover, 230 North Park Avenue, addressed the Board to state he is here on behalf of the owner. Mr. Coover acknowledged that he has had ex parte communications with all of the Commissioners. He thanked staff for their assistance on this project. He discussed what the land use was when his client first obtained the site and described the changes that have been made. He advised they don't quite agree that they are here to change the order to allow a drive-thru and thinks that restaurants were allowed, period. He stated with the market being what it is and knowing what is surrounding the area as far as restaurant options, it is not a realistic possibility to have a sit-down restaurant there.
Mr. Coover discussed the convention space that the Board wanted back in 2007, which they have built. When he met with the Commissioners, they said there is not enough parking for the convention space. Mr. Coover stated they have been negotiating with potential users for the outparcels to gain additional parking, and enhancing the parking has been one of the big driving forces in this situation. The tenant for the southeast outparcel is McDonald's U.S.A. and they have representatives here today. Mr. Coover stated the original development order allowed for 25,000 square feet of office retail and basically they have got 8,000 square feet in total.
Dave Glunt, Madden, Moorhead & Glunt, Inc., addressed the Board to review some basics on the Final Master Plan map (copy received and filed) of the site. He discussed the additional parking that is being proposed for overflow for the Westin. He stated there will be three pedestrian connections to the trail and indicated on the map where those will be located. He indicated on the map where the drive-thru will be located and stated they strategically placed the drive-thru behind the building to avoid lighting and sound conflicts.
Upon inquiry by Commissioner Dallari, Mr. Glunt agreed they were encouraging people to go to C.R. 46A to exit.
Justin Polk, CPH Engineers, addressed the Board to state he represents the potential applicant, McDonald's Corporation. Mr. Polk displayed Color Elevations (received and filed) and discussed McDonald's new contemporary architecture and how they try to blend in with surrounding developments. He described what is depicted in the Color Elevations. With regard to the dumpsters, Mr. Polk explained all McDonald's dumpsters have six-foot masonry walls and match the building.
Mr. Polk stated that another potential issue was with sound. He displayed an elliptical pattern (copy received and filed) showing what their sound is from the direction of the speaker. At 64 feet, the sound is down to 46 dB which is a whisper. He indicated on the Sound Pressure Level graph (copy received and filed) where 64 feet would fall, which is still in the middle of the parking lot. The other speaker will not even be near the Westin. By the time they get to the residential, it will be absolutely inaudible and will not be heard. Upon inquiry by Commissioner Dallari, Mr. Polk stated he guarantees on the record the residents will not hear the speaker.
Mr. Polk explained why this use will not bring anybody new to the market. He stated this use will help serve customers who are already in the area. He stated McDonald's has been fighting the stigma of what they were 10 to 15 years ago and hopes this will be another proof that they can go into a very upscale community.
Commissioner Dallari asked Mr. Polk, with regard to the entrance on International Parkway, what type of trail notification will be given to the people using the trail. He described his use of this trail and explained, when using the trail at S.R. 426 and S.R. 417 where the McDonald's is, he has almost gotten clipped there every time even though there is a stop sign. He asked what will be done to protect the pedestrians using that trail with the drive thru.
Commissioner Horan stated the point is that some people may not stop at that stop sign because they are looking at the road and not looking at the trail. He stated he has the same concerns and maybe they need something special there.
Mr. Glunt stated when they originally built the Westin Hotel, they got a permit from the trail departments. They have all of the appropriate signage for the trail crossing, additional stop sign, and stop bar; and they designed this to create the safety that Seminole County requires for their trails. Commissioner Horan stated perhaps the County needs to do something about trail crossings coming out of commercial establishments and maybe they need different requirements. Chairman Carey stated any time there is a trail next to retail, there will be issues. Further discussion ensued.
Upon inquiry by Commissioner Dallari with regard to the driveway cut, Mr. Glunt stated they can get with the County's Public Works Department and find a solution that is beneficial to everybody. He pointed out that the previous use for this parcel was for 25,000 square feet of retail and office space versus their 8,000 square feet.
Commissioner Henley asked Mr. Glunt if he is willing to address the issue that there has been a concern raised today. Mr. Glunt responded yes.
Upon inquiry by Commission Dallari, Mr. Polk stated they will not be putting up signs that say, "No Trail Parking Allowed." Chairman Carey stated there is nothing in the development order against the parking. Upon inquiry by Commissioner Horan, Mr. Polk and Mr. Coover discussed how much excess overflow parking will be provided to the Westin by this configuration.
David Long, 175 International Parkway, addressed the Board to state he is in support of this item. Mr. Long stated he is a business owner in the area and was concerned about what was going to be put on the last parcel. Based on what was said, he believes it will be compatible. With regard to the trail issue, Mr. Long stated his business, Lake Mary Shell, was there long before the trail. In the beginning, there were some problems. Originally, there were yield signs; but their concerns were addressed and they put up decent-sized stop signs. Going from yield signs to stop signs has helped quite a bit.
Roger Dube, 1255 St. Albans Loop, addressed the Board to request his time be given to Mr. Sellery.
George Sellery, 629 Pigeon Lane, addressed the Board to state he resides in the residential development right next to this. Mr. Sellery stated when most people get rezoned from PUD to PUD, they don't have a clue. He stated if he had a month, he would have the whole auditorium filled with Heathrow residents and Grand Oaks residents. Mr. Sellery listed the restaurants in the area and stated what is different about this restaurant is that it is a drive thru. Most of the places close at 10:00, 11:00 or 12:00 at night and they have not heard how long this one will stay open. He asked if it would be open 24 hours or open until 2:00 a.m. Mr. Sellery asked the Board to keep in mind what was said about the speaker because he can hear the speaker at the McDonald's on C.R. 46 by the mall quite clearly.
Mr. Sellery stated he is not opposed necessarily to the McDonald's; but to protect the residents, he would like to see that the lighting and the speakers are not facing Grand Oaks. He discussed the people who use the sidewalk. He stated that a turn lane going into the Westin will block the entrance of Grand Oaks in a way. Mr. Sellery explained that anyone who has been to an event at the Westin knows that 300 cars easily park in that area. He discussed the parking issue. He wishes they had more time to sit down and try to plan this out a little bit differently or to make sure their interests are protected.
Ms. Sweet addressed the lighting issue and stated that during the site plan review for McDonald's, they will be required to submit a lighting plan and lighting will be in accordance with the Land Development Code. She explained what the code will require.
Chairman Carey stated when the Westin was approved, the number of parking spaces that were approved only on the Westin portion was adequate for what their code requires. It is like church on Easter Sunday. There are certain times when things happen and there is never enough parking. Because of the success of the community having events out in this particular area, when they do have those events, they are going to have tight parking.
Upon inquiry by Commissioner Dallari, Mr. Polk described the type of lighting this McDonald's will have. He advised that in Orange and Seminole County they can do LED but that it is an operator's decision to do the LED. Upon further inquiry by Commissioner Dallari with regard to the hours of operation, Mr. Polk stated that 99% of the stores open with an 11:00 p.m. cutoff. They do reserve the right to be open 24 hours at some point. He stated it all depends on what the surrounding development is conducive to and that it probably will be open around the same hours typically as the surrounding businesses.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Chairman Carey stated she has met with the applicants and all of the consultants for the applicants. Her big concerns were compatibility as far as architecture goes with this intersection, with the Westin and with the residences that are in that particular area. She stated what she hears a lot from the thousands of employees out there is the fact that not everybody can afford to go to a lot of the other restaurants and would like to have some options besides a sit-down dining facility. She believes it will be helpful in having this additional overflow parking.
District Commissioner Carey recommended this item be approved with the Development Order as written; with staff recommendations and comments that have been made today by the Commissioners; and with the commitments by the developer.
Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt Ordinance #2012-7, as shown on page _______, granting rezoning of 8.15 acres, located on the NW corner of C.R. 46A and International Parkway, from PUD (Planned Unit Development) District to PUD (Planned Unit Development) District; and approve Amended PUD Development Order, as shown on page _______, and Amended Developer's Commitment Agreement, as shown on page _______, as described in the proof of publication, YRG Hotel Group II, LLC, with staff comments.
Under discussion, Commissioner Horan stated as far as safety is concerned, perhaps they need to look at that globally in terms of crossing sidewalks and crossing trails. Central Florida is already the most dangerous place in the country for pedestrians. It is an issue that he thinks they may have to address from a global point of view. He suggested, in terms of developing this particular property, the developer might consider what could be done and he would look for suggestions from the developer. He discussed possible uses of the property. He stated he thinks adequate safeguards have been put in place for the neighboring properties. He would like to address globally the pedestrian issue in the future.
Chairman Carey stated they can address that when they have their workshop with regard to the parks or trails, and that can be part of that as a global discussion about trails in general.
Discussion ensued with regard to hours of operation.
Commissioner Dallari stated his biggest issue with this item was the trail, and he believes the developer has made a commitment that they are going to fix that and address that with County staff. When asked by Commissioner Dallari if that is correct, Mr. Glunt and Mr. Polk agreed. Commissioner Dallari stated that Mr. Polk has also made a commitment to address the spillover lighting.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey advised there is a change of staff coming at the East Central Florida Regional Planning Council. The interim director, George Kenny, will be leaving on April 13. They will be in the process of hiring a new executive director who she hopes will be an interim director in consideration of the fact that the Legislature has been talking about doing away with regional planning councils. She stated if there is someone highly qualified for the position, please encourage the person to apply.
Chairman Carey advised that they just completed their second budget workshop. She thanked staff for the good information and hard work that was done to prepare for that. She explained they are facing another $3 billion deficit in their property base which equates to about $10 million in the annual budget. She believes the message was loud and clear from the Commission that they want to see how staff is going to address dealing with that deficiency without any additional funds.
Chairman Carey reminded everyone that there is a work session scheduled with the Seminole County School Board on April 3 and will take place at the School Board office since they have another workshop scheduled for immediately after that. She advised the purpose of the discussion is to publicly discuss any potential thoughts about future funding for public education, for public transportation, and whatever the various board members would like to talk about.
Chairman Carey advised the Annual Golden Eagle Boy Scout dinner will be March 29 at the Westin, and this year's honoree will be Lee Corso. All of money derived from this particular event will stay in the County with the goal being about $275,000.
Chairman Carey stated Meals on Wheels March for Meals will be in the morning on March 31 at the Sanford Riverwalk. She stated anyone who would like to show up to help feed the people walking would be appreciated. The Village of Geneva will be holding their Rural Heritage Festival on March 31 at 11:00 a.m.
Chairman Carey wished everyone a Happy Holiday since before they meet again, many of the citizens will be celebrating Easter and Passover.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated March 5, 2012 to the Seminole County Board of County Commissioners from Terry Knox, Development Director, Boys Town, re: appreciation of donation received February 17, 2012.
2. Letter dated March 8, 2012 to Chairman Brenda Carey from Ed Timberlake, Central Florida Commission on Homelessness.
3. Memorandum dated March 13, 2012 to the Seminole County Board of County Commissioners from Sheriff Don Eslinger re: an update on the Juvenile Detention Center.
4. Copy of letter dated March 16, 2012 to Bryant Applegate, Seminole County Attorney, from Brent Spain re: Lake Forest Planned Unit Development – Multi-Family Apartment Complex on Parcel A.
5. Copy of letter dated March 19, 2012 to Dr. Tina Calderone from Mayor Charles Lacey, City of Winter Springs, re: 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency.
6. Letter dated March 19, 2012 to Chairman Brenda Carey from Dr. E. Ann McGee re: Seminole State College.
7. Letter dated March 19, 2012 to Chairman Brenda Carey from Larry Volenec, Florida Power & Light, re: request for rate change.
8. Letter dated March 13, 2012 to Chairman Brenda Carey from Stephen Coover, Charter Review Chairman, re: dissolution of Charter Review Commission.
9. Copy of letter dated March 13, 2012 to Governor Rick Scott from Chairman Brenda Carey re: Veto of HB 5301, Medicaid Cost Shift.
10. Copy of letter dated March 15, 2012 to Franklin Martz, City of Altamonte Springs; Randy Newlon, City of Casselberry; Jackie Sova, City of Lake Mary; Jon Williams, City of Longwood; Kathryn Breazeale, City of Oviedo; Norton Bonaparte, Jr., City of Sanford; Kevin Smith, City of Winter Springs, from James Hartmann, Seminole County, re: Public School Concurrency.
11. Letter dated March 20, 2012 to Chairman Brenda Carey from Debbie Moss, Assistant Director, Orange County Library System, re: termination of reciprocal borrowing agreement.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Dallari complimented staff for working diligently on the budget. He stated he would like to get into more detail and thinks it would be prudent for the Board to do a line item by line item budget review by department. He stated he would like to have work sessions in that vein, as they have done before. With that level of detail, he believes they can understand where all of the dollars are, where they are and are not coming from, and what needs to be changed to meet their goals. He advised that it is prudent to do this early rather than later so staff and the Board understand what is happening before they get to the actual decision time in August and September.
Chairman Carey stated they will receive a line item budget but they were not planning to have workshops to go through it line item by line item. She advised the budget won't be prepared and delivered to the Commissioners until July so they can schedule an additional workshop.
Commissioner Dallari stated in past years they had several days where they went through the budget line item by line item and department by department and he believes it worked out well.
Chairman Carey stated the Commissioners will receive a line item budget from the County Manager by July 15 and she would be happy to schedule some time after the July workshop if they want to add an additional budget workshop to that. They have two more workshops scheduled in August before they get to the public hearings that they will hold in September. Discussion ensued with regard to last year's process and this year's process.
Mr. Hartmann advised a link was sent to the Commissioners on March 26 to a 600-page document which will give an awful lot of line-item detail. He stated over the next two months, they will be going through the internal process to look very closely at all of the line items in the budget with the departments; and then he will give a recommended budget. At that time, he believes it will be appropriate to spend sufficient time to understand everything that is in the budget. He stated they are also going to try and break it down into some program areas that will also make it easier for the Board to digest.
Chairman Carey asked the Board members if they want an additional workshop to have the various departments that they haven't heard from come back and make their presentation. She stated last year they sat through two days of department by department coming through making their presentations. She explained they didn't really have a lot of dialogue while that was happening, and that is probably why the decision was made not to do it that way this year. Chairman Carey stated she can schedule more workshops if that is the desire of the Board. Further discussion ensued with regard to scheduling additional workshops.
Commissioner Henley stated the data presently on-line, as indicated, has not yet been approved by the County Manager. Mr. Hartmann stated he has not begun his budget discussions with staff. Commissioner Henley advised the data on-line could change significantly. He explained that most of the time they get summaries or get those items staff is proposing that might be new to them and not in the previous budget. With the dollars as tight as they are and knowing what the County is facing in the future, he thinks it is important for the Board to fully understand what is in the budget. Some of the things that staff may be proposing, the Board may not be willing to accept at this time. He advised that he will take whatever time is necessary and does not have a problem with scheduling an additional meeting or two to get more details.
Chairman Carey stated she believes it is important to look at the budget as the development is happening because if the Board sees things that are concerning to them, they can bring that up in their one-on-one meeting with the County Manager. She stated until the County Manager presents his actual recommendation, it is going to be difficult for them to comment and criticize and make suggestions until they understand what it is that the County Manager is going to recommend. Chairman Carey stated with what she heard at the last workshop, she is comfortable in waiting to see what the County Manager is developing and happy to be able to monitor the 600-page document as budget developments happen.
Commissioner Dallari stated the reason he is bringing this up is he believes the best way to understand a budget is line item by line item. He thinks it is prudent for them to be in a work session to discuss the budget line item by line item. He stated they can either do it on the front end or the back end. He believes it makes it easier for everyone to do it on the front end so everyone knows what to expect on the back end.
Commissioner Horan stated he believes last year they had several workshops and had more detail earlier. Based on that, they provided some direction to the County Manager about what they were willing to do from a revenue standpoint. Commissioner Horan stated he gathered they are not going to give that direction this year early on in the process.
Chairman Carey stated she believes they just gave some pretty good direction at the two workshops. The message that she heard is don't look to the Board to increase taxes to cover expenses and don't expect to take all of the money out of the economic stabilization reserve fund that they have built. As they can see from the trending charts, at some point that money is gone by 2016. Commissioner Horan stated he believes the direction being given is very similar to the direction they gave last year which is it is going to be very, very difficult in the economic environment that they have to adjust millage in any meaningful way. Because of what they see in the future in terms of what kind of pressure they will have on their own economic reserves and to the extent that they can save as much on economic reserves as possible, they need to do that.
Mr. Hartmann stated he needs more time in the budget since it came out yesterday. He advised it is going to be a very conservative budget. He stated this is his first time looking at the details other than what he saw after the budget had been presented when he arrived last year. He is very interested in seeing all the details in the budget and making sure that the Board sees them as well. Mr. Hartmann suggested he speak with Lisa Spriggs, Fiscal Services Director, to see if there are a couple of points along the next few months that would make sense for some reviews because there may be some items that he believes should be reviewed. He would rather not wait until the end of the period.
Chairman Carey discussed scheduling dates in May and June. She advised if they decide they don't need the dates and everyone is comfortable with what they are seeing and the discussions that they are having, they can cancel the workshops.
Commissioner Henley stated at this point what is in the digital format programmatically is basically staff’s recommendations to the County Manager. He suggested as a possibility as the County Manager becomes comfortable with different programs, he can let the Commissioners know; and then maybe they can review some of those at the end of a meeting on a short day and keep the schedule as it is.
Chairman Carey explained why she would like to go ahead and schedule two workshops. She advised if the County Manager has things that he wants to bring forward at the end of a Board meeting under his County Manager's report, they can get that. Chairman Carey stated she feels pretty confident that what she heard from everyone, including herself, at the meetings is that the County Manager needs to look at deferring, cutting and what they will do to not really dip into the reserve for 100% of the shortfall.
Commissioner Horan stated he will be attending the Florida Association of Counties Conference on June 20 and 21. Chairman Carey stated she will also be attending.
Commissioner Henley distributed a summary (copy received and filed) of what the Legislature did that impacts Transportation and suggested that the Board read it at their leisure. He distributed a brochure (received and filed) from the Central Florida Congress of Regional Leaders regarding Central Florida Partnership.
COUNTY MANAGER’S REPORT
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated he will be doing a joint presentation to the attorneys at the Florida Association of Counties meeting in June along with Attorney Sandy Minkoff, Lake County, regarding the Work Force issues around the state. He stated David Shields, Assistant County Attorney, will be participating on a panel regarding "hot topics" including an Internet Cafe update.
Mr. Applegate stated they are going to a larger font in their documents so they will be easier to read.
At the request of Commissioner Horan, Mr. Applegate reviewed the decision from the 11th Circuit Court with regard to the Internet Cafe case. He explained that it is just the first battle and the war will still go on. He stated that Melissa Clarke, Assistant County Attorney, will be arranging a meeting with the Sheriff's Office and the two magistrates to start the process of getting them in line to start hearing cases on not only Internet Cafes but on a lot of the backlog in Code Enforcement, particularly commercial cases. He thanked Ms. Guillet and her office for their great work. Mr. Applegate stated they are at the stage now where they have filed a motion to compel their discovery request.
Chairman Carey noted that the appeal process time has run on the Yankee Lake permit so that restrictions that they had about whether they could discharge to the South Seminole and North Orange County Wastewater Transmission Authority (SSNOCWTA) has been lifted and they will be able to discharge at any time during the year.
Mr. Applegate thanked David Shields and Kathleen and Chris Skambis, who are outside counsel, and advised they are doing a great job on the Internet Cafe case.
ITEMS FOR FUTURE AGENDA – CITIZENS
John Casselberry, 700 South Lost Lake Lane, addressed the Board to discuss consolidation. He stated he looked at Jacksonville and Miami, the two big models for consolidation in the state. He described consolidation in Jacksonville and advised that the lowest millage was 17.9 (with schools at about 7.5 as part of that) and the highest millage was 19.3. He described consolidation in Miami and advised the lowest millage in 2011 was 17.44 and the highest millage was 25.60. The school millage was around 7.7. He explained that in looking at consolidated governments, it doesn't seem like it saves money and may actually cost money. As far as Seminole County, he thinks if the Board could sharpen the budget pencil, they could take away a lot of the millage that the County has charged to the cities without increasing it to County residents that aren't in the cities.
Chairman Carey explained that they have continually lowered the budget every year on the County level, on the County millage. She stated their millage rate is lower now than it was 12 years ago. She advised that they are doing everything that they can on their side including battling the State to try and keep them from passing taxes down to local government.
Cindy Borr, 408 Prairie Lake Drive, addressed the Board to state she wants the Board to look at a petition that she has been asked to get signed. Ms. Borr explained how she, together with her neighbors, are cleaning up a parcel that is a park that is jointly owned by the Prairie Lake Subdivision. With the help of the County and the Fish and Wildlife Commission, a permit was issued to clean up the shoreline, to get rid of the invasive plants, and to replant with aquatic vegetation. Ms. Borr stated in order to continue to work for the permit, they have been asked to get written okay's from property owners; and several of the parcels are owned by the County or by DOT. They are trying to figure out how they get approval or no approval or who signs on this.
Chairman Carey stated that this is an issue that has just come up and she advised that Mr. Applegate, the County Attorney, is aware of this.
Mr. Applegate stated this issue just came up this morning. He explained that even though it was on the plat, dedicated to Seminole County, they have to search to see if the County actually owns the property outright. They had this situation a few years ago and it turned out the County did not own the property. Mr. Applegate stated their staff is looking into the issue to make a determination, which is first in the process.
Ms. Borr stated she looked on the Property Appraiser’s website to find owners and it looks like DOT has a lot.
Chairman Carey stated that is a different department. She advised that it would probably be best for Ms. Borr to work with the County's legal department and let them work through the process. Sometimes with unplatted parks in the County, somebody comes in and develops something and says they will make it a neighborhood park. They never plat it or deed it to anybody, so the Property Appraiser picks it up as the County being the one who owns it and sometimes the County does not.
Mr. Applegate stated he has an attorney working on this issue along with Kim Ornberg, Public Works, and advised that he will meet with Ms. Borr to discuss the issue. Commissioner Dallari and Chairman Carey asked that this be brought back to the Board as soon as possible.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:30 p.m., this same date.