BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
April 23, 2013
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, April 23, 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)
Clerk
of Circuit Court Maryanne Morse
County
Manager James Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Jane Spencer
Reverend David Harris, First United Methodist Church, Oviedo, gave
the Invocation.
Commissioner Henley led the Pledge of Allegiance.
VIEWING OF CENTENNIAL MINUTE
The “Agriculture
- Ferneries” and the “Transportation – Destination Seminole I-4” Centennial
Minute videos were displayed.
Chairman
Dallari reminded everyone of the Rivership Centennial Cruise, which will be on
April 25, 2013. He stated there are
still tickets available.
AWARDS AND PRESENTATIONS
Motion by Commissioner Constantine, seconded
by Commissioner Horan, to adopt Proclamation, as shown on page _______, proclaiming the month of May 2013 as "Children’s Mental
Health Awareness Month" and recognizing May 9, 2013 as National Children’s
Mental Health Awareness Day.
Districts
1, 2, 3, 4 and 5 voted AYE
The Resolution
was presented to Tracy Pellegrino and Phebe Powell.
Tracy
Pellegrino, Community Based Care of Central Florida, addressed the Board to
thank them for the Proclamation. Ms.
Pellegrino updated the Board as to what her organization has done in the last
two years. She explained that they are
led by the University of South Florida regarding all of the evaluation pieces
of the initiative to really do a good cost analysis of how money is being spent
in the community and to make sure they are being fiscally responsible and
providing a good quality of service for the community. She recounted some of the highlights from the
last two years. She stated they are
trying really hard to reduce the stigma of mental health.
Ms. Pellegrino
announced the following two events:
Alive After 5 in Downtown Sanford on May 9, which is Children's Mental
Health Awareness Day, and Youth Move Walk for Awareness on May 11 at Crane's
Roost Park. She encouraged everyone to
come and join. Ms. Pellegrino stated
there is more information in the full outlined report (copy not received and
filed) that she previously provided to the Commissioners. She hopes to bring to the Board some of the
youth and families that have gone through the process to give their personal
testimony.
Chairman
Dallari thanked Ms. Pellegrino and her staff on behalf of the Board of County
Commissioners for all she does for Seminole County.
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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 "Fair Housing Month."
Districts
1, 2, 3, 4 and 5 voted AYE.
The Resolution
was presented to Attorneys Lizzie Johnson and Deborah Hallisky with the Fair
Housing Unit of Community Legal Services of Mid-Florida.
Ms.
Johnson addressed the Board to thank them for the Proclamation. She explained that Community Legal Services
has staffed a Fair Housing Unit, available to assist Seminole County residents
with planning and housing issues, for over 20 years. She announced that on April 30, 2013 they
will be hosting a Fair Housing Summit in Orlando and invited the Commissioners
to attend. More information is available
at www.clsmf.org. She advised they have
an affordable housing unit available; and invited anyone with any fair housing
issues or any housing-related issues to contact the Seminole County office,
which is located in Sanford, by calling 407-322-8983.
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Motion by Commissioner Carey, seconded by
Commissioner Horan, to adopt Proclamation, as shown on page _______, proclaiming the week of May 4 through May 12 as “National Travel
and Tourism Week."
Districts
1, 2, 3, 4 and 5 voted AYE.
The Resolution
was presented to Frank Cirrincione and Erin Hellkamp from the Central Florida
Hotel and Lodging Association.
Mr. Cirrincione
addressed the Board to express his appreciation on behalf of the Seminole
County hoteliers, the Tourist Development Council, and the Central Florida
Lodging Association for everything that the Commissioners do for Seminole
County tourism.
Chairman
Dallari stated the hoteliers have done a phenomenal job helping, not just in Seminole
County but in Central Florida, with some of the activities that they promote;
and he thanked Mr. Cirrincione.
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Dan
O’Keefe, Moore Stephens Lovelace, and Jenny Spencer, County Finance Director,
addressed the Board to present the Comprehensive Annual Financial Report
(received and filed). Mr. O’Keefe explained
that the Report is prepared by the Finance Department led by Jenny Spencer in
the Clerk’s Office and that his job is to render an opinion on those financial
statements. He thanked the Clerk’s
staff, the BCC’s staff, and the Constitutional Officers’ staff and stated
without cooperation, this could not be done.
Mr.
O’Keefe displayed a PowerPoint Presentation (copy received and filed) and
reviewed topics relating to Required Communications; Services and Deliverables;
Other Reports including a Compliance and Internal Control Report; Management
Responsibilities; Auditor Responsibilities; Internal Controls; Compliance;
Communication of Significant Matters; Risk-Based Audit Approach; Management
Representations; Assigned Individuals; and Audit Schedule.
With
regard to Financial Analysis, Mr. O’Keefe discussed the Reporting Units and
reviewed the Top Level Analysis chart.
He discussed the Fund Opinion Units and reviewed the General Fund. He explained how the P25 system affected the
Unassigned Fund Balance. He advised that
the General Fund has been replenished for the P25 system. He discussed the General Fund Budget and the
Proprietary Funds and stated the Proprietary Funds are very strong.
With
regard to Comparative Data, Mr. O’Keefe reviewed the following graphs: Population; General Fund Unassigned Fund
Balance as a Percentage of General Fund Expenditures and Transfers Out; Per
Capita Governmental Revenues; Per Capita Governmental Expenditures; Per Capita
Governmental Debt; Operating Millage Rate; and Per Capita Taxable Property
Value. He concluded his presentation by
reviewing the Proprietary Fund Unrestricted Net Assets as a Percentage of Total
Operating Expenses graph and pointed out that 82% is very strong.
Chairman
Dallari thanked Mr. O'Keefe and his team for the job that they have been doing
for the County for a number of years. He
also thanked the Clerk of the Court and her team.
Commissioner
Horan pointed out that the Clerk's Office produces a great financial statement,
which is a great help to him. He
explained that he starts the budgeting process by thoroughly understanding the
financial statement so he can understand precisely how their funds are reacting
to what they have done in the past from a budgetary point of view. He congratulated the Clerk's Office and Mr.
O'Keefe and reiterated that the Clerk's Office does a tremendous job putting
this together.
Commissioner
Henley stated the public needs to understand that the financial situation that
they find Seminole County in didn't just happen by accident. It came about when the Board several years
ago started looking long range with five-year forecasts, planning accordingly,
and making appropriate adjustments in a timely manner when their financial and
economic condition changed. He
congratulated the management staff throughout the system for the work that they
have done to help the County be in the financial situation they find
themselves, which he believes is extremely strong. Commissioner Henley thanked Ms. Morse for her
contribution.
Commissioner
Carey noted that there are some things they did over the past years to prepare
for this. She stated there are a lot of
changes going on with a new financial director and new Commissioners who
weren't here when some of the things occurred.
She reminded everyone that this is only the second budget for the County
Manager. Even though Lisa Spriggs,
former Fiscal Services Director, has gone to the Sheriff's Office, Commissioner
Carey stated Ms. Spriggs is still available and believes it would be helpful
for staff and the Board, as they go into the budget year, to have some
conversations so everyone understands how they got to where they are, some of
the things they did, and how they will deal in the future. There are several unique things in the
financial statement, from a historical perspective, that they need to continue
to talk about to make sure everyone understands how they got here and why they
did what they did.
Commissioner
Carey requested that Mr. O'Keefe forward his presentation to the Commissioners'
offices.
PUBLIC PARTICIPATION
Valerie
Wilson, President of People United Saving Homes for Humanity (PUSHH), addressed
the Board to describe what her organization does. She discussed her attendance at the National
Low Income Housing Coalition’s annual conference in Washington, D.C. Ms. Wilson distributed an information packet
(copy received and filed) which includes statistics showing the overwhelming
need for affordable housing and discussed why she believes the County’s current
Analysis of Impediments (AI) Report needs additional work. Ms. Wilson stated it is crucial that the
County address issues of racial segregation and analyze whether that racial
segregation is related to the availability of affordable housing. She believes the AI Study should address how
to eliminate racial segregation and improve access to housing throughout
Seminole County.
Commissioner
Carey stated that one of the items the Board will be approving today is to
expand the area where they are spending the NSP3 funds to include not only West
Altamonte but Sunland Estates, which is on the south end of Seminole County. She discussed areas where expending NSP3
funds has already been approved and believes the County has taken a pro-active
approach to try to spread the available dollars across the community.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, advised under
the Consent Agenda, there is one change to Item #23, Implementing Budget
Amendment Request (BAR #13-076) in the amount of $400,000 for repair of
elevators. The funding source has
changed from General Fund to Facilities Maintenance Fund.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to authorize and approve
the following:
Community
Services
Community
Development Division
4. Approve
and authorize the Chairman to execute the Seminole County/City of Oviedo
HUD/CDBG Subrecipient Agreement, as shown on page _______, in the amount of
$240,000 for renovation of the existing playground area (to include removal of
existing surfaces, installation of an ADA compliant surface, and installation
of shade structures) and construction of a new playground area (to include site
preparation, installation of an ADA compliant surface, installation of new
playground equipment, and installation of shade structure) in Round Lake Park.
5. Approve
the NSP3 Substantial Amendment which adds additional target areas and
activities that will assist the County in meeting the NSP3 expenditure deadline
and makes other clarifications to the program.
Economic and
Community Development Services
Planning &
Development Division
6. Authorize
the Chairman to execute the Satisfaction of Lien, as shown on page _______, for
Case No. 09‑120‑CEB, on 648 Birgham Place, Lake Mary, Tax Parcel #19‑20‑30‑515‑0000‑0530,
previously owned by Kathryn Rotundo & Michael Rowell, and currently owned
by Federal National Mortgage Association.
7. Adopt
appropriate Resolution #2013-R-125, as shown on page _______, vacating and
abandoning that certain platted utility easement being more particularly
described as the southeasterly (rear) 5 feet of Lot 89, Lakewood at the
Crossings‑Unit Four, as recorded in Plat Book 35, pages 58 through 60, of
the Public Records of Seminole County Florida, and further described as 515
Hassocks Loop; Grant Duncan, applicant.
Environmental
Services
Business Office
8. Approve
the Release of the original Water & Sewer Improvements Cash Maintenance
Bond with Escrow Agreement for the project known as Brooks Cove in the amount
of $23,484.87; Meritage Homes.
9. Approve
the Seminole County and the City of Altamonte Springs Wholesale Water Service
Agreement, as shown on page _______; for the Apple Valley & Druid Hills
Service Area.
Solid Water
Management Division
10. Approve Amendment, as shown on
page _______, to Non‑Exclusive Franchise Agreement for Commercial Solid
Waste Collection Services between Veolia ES Solid Waste Southeast, Inc. and
Seminole County.
11. Approve Amendment, as shown on
page _______, to Solid Waste Collection Franchise Agreement for Residential
Collection Services between Veolia ES Solid Waste Southeast, Inc. and Seminole
County.
12. Approve and authorize the
Chairman to execute the Non‑Exclusive Franchise Agreement, as shown on
page _______, for Commercial Solid Waste Collection Service with Junk Squad
Orlando, LLC.
Water-Waste
Water Division
13. Approve and authorize the
Chairman to execute the First Amendment, as shown on page _______, to the Water
Conservation Cost‑Share Agreement between the St. Johns River Water
Management District and Seminole County for a five-month contract extension and
a $50,000 cost-share reduction for the Toilet Rebate Program.
Leisure Services
Library Services
Division
14. Approve and authorize the
Chairman to execute the Entertainment Service Agreements, as shown on page
_______, to provide children's programs at the branch libraries as part of the
Summer Reading Program with the following contractors: Kylie Koscoe, Kinetic Arts and Theatrical
Science Shows, $2,500; Donald Harrell, OrisiRisi African Folklore Shows, $3,600;
and Brent Gregory, Brent's Magic Shows, $2,750.
Tourism
Development Division
15. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Florida Rush
Soccer Club in the amount of $10,656.00 for the Nike Champions Cup Soccer Tournament
to be held May 18‑19, 2013.
Public Safety
Business Office
16. Approve and authorize the
Chairman to execute the Certificate of Public Convenience and Necessity (COPCN),
as shown on page _______, and Non‑Exclusive Air Ambulance Franchise Agreement,
as shown on page _______, for Rocky Mountain Holdings, LLC, to become effective
April 23, 2013.
Public Works
Engineering
Division
17. Adopt appropriate Resolution
#2013-R-126, as shown on page _______, and authorize the Chairman to execute a Local
Agency Program (LAP) Agreement, as shown on page _______, with the Florida
Department of Transportation relating to reimbursement funding for the
Construction and CEI Services for the State Road 46 Gateway Sidewalks from
Rinehart Road to Sanford SunRail Station/Airport Boulevard Intersection. (FDOT ‑ FPN: 417484‑1‑58/68‑01)
18. Adopt appropriate Resolution
#2013-R-127, as shown on page _______, and authorize the Chairman to execute a
Local Agency Program (LAP) Agreement, as shown on page _______, with the
Florida Department of Transportation relating to the reimbursement funding for
the Construction and CEI Services for the Seminole Wekiva Trail, Phase 4,
Project from the Orange County Line at the Intersection of Bear Lake Road and
Maitland Boulevard to State Road 436 (San Sebastian Trailhead). (FDOT ‑
FPN: 424929‑1‑58/68‑01)
19. Adopt appropriate Resolution #2013-R-128,
as shown on page _______, and authorize the Chairman to execute a
Transportation Regional Incentive Program Agreement ‑ Supplemental
Amendment Number 2, as shown on page _______, with the State of Florida
Department of Transportation for the construction and inspection of the
addition of a Flyover to Red Bug Lake Road, widening from six to eight lanes on
State Road 436 from Wilshire Boulevard to Lake Howell Road, and resurfacing of
State Road 436 (Semoran Boulevard) from West of Oxford Road to West of Wilshire
Boulevard. (FDOT ‑ Financial Management Numbers 419369‑1‑58‑01/02
and 422707‑1‑58‑01)
Fleet/Facilities
Division
20. Approve and authorize the
Chairman to execute the Amended Renewal, as shown on page _______, to the 25th
Street (SR 46A) MVI Station Lease with Ahoy Marine, Inc. for an annual revenue
amount of $28,382.
Resource
Management
Business Office
21. Approve and authorize staff to
submit a grant application to the St. Johns River Water Management District
through their Cooperative Funding Program in the amount of $1,120,000 and
authorize the County Manager to designate the Director of Environmental
Services to execute any documents associated with the application on behalf of
the County in accordance to Administrative Code Sections 1.10 and 22.20 D(1)d.
22. Approve and authorize the
County Manager to execute the Seminole County and United Arts of Central
Florida, Inc. 2013 Arts and Cultural Education Services Agreement, as shown on
page _______, in acceptance of $11,518.
Budget and
Fiscal Management Division
23. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-129, as shown on page
_______, implementing Budget Amendment Request (BAR) #13‑076 through the Facilities
Maintenance Fund in the amount of $400,000 for the repair of elevators in the
County Services Building and Civil Courthouse (70000009W).
Purchasing &
Contracts Division
24. Award CC‑8255‑13/AMM,
Construction Services Agreement, as shown on page _______, Fire Station 11
Restroom and Locker Area Renovation, in the amount of $115,999 to Axios
Construction Services, LLC, Orlando, FL; and authorize the Purchasing &
Contracts Division to execute the Agreement.
25. Award CC‑8450‑13/RTB,
Construction Services Agreement, as shown on page _______, Heathrow Master Pump
Station Improvements, in the amount of $948,000 to TLC Diversified, Inc., Palmetto,
FL; and authorize the Purchasing & Contracts Division to execute the
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
26. Approve Expenditure
Approval List, as shown on page _______, dated March 25, 2013; and Payroll
Approval List, as shown on page _______, dated March 28, 2013; and noting, for
information only, the following Clerk’s “received and filed”:
1. Amendments #2, as shown on page _______, to RFP-5847-10, HAS Golden
and The Colinas Group.
2. Amendment #2, as shown
on page _______, to IFB-600855-10.
3. Contracts for Services, as shown on page
_______, for Steven Robles and Peter Theoret.
4. Recorded Restrictive Use Covenant, as shown on page _______, for
Habitat for Humanity of Seminole County and Greater Apopka, Inc. for 1401 West
13th Place.
5. IFB-601628-13 Term Contract, as shown on page
_______, Capital Office Produces of Volusia County, Inc.
6. Work Order #11, as shown on page _______, to
RFP-7423-12.
7. Amendment #3, as shown on page _______, to
Work Order #80 to PS-1529-06.
8. Amendment #1, as shown on page _______, to
Work Order #39 to PS-4388-09.
9. Water and Sewer Improvements Cash Maintenance
Bond & Escrow Agreement, as shown on page _______, for the project known as
Brooks Cove in the amount of $23,484.87.
10. Amendment
#1, as shown on page _______, to PS-4388-09.
11. Work Orders #49 & #50, as shown on page
_______, to PS-4388-08.
12. Work Order #4, as shown on page _______, to
RFP-CS01-12.
13. Executive Order #2013-01, as shown on page
_______, dated March 21, 2013 extending State of Local Emergency and Establish
Emergency Fire Prevention Regulations.
14. Development Orders, as shown on page _______,
as follows: #12-30000112, Rocky &
Jessie Harrelson variances; #13-30000006, Donald & Cynthia McGee variance;
#13-30000005, George & Roberta Green variance; #13-30000004, Tina Owens Life
Estate (Ronnie Owens et al) variance; #13-30000003, Christopher Belcher
variances; #13-30000002, M/I Homes of Orlando, LLC variance; #13-30000001,
Kenneth Batten, Ashly Batten & Linda Dorko variance; and #12-30000114,
Larry & Tina Johnson variance.
15. Contracts for Services, as shown on page
_______, for Matthew S. Egert; Miriam Fitch; Natalie Keene-Krops; and Rebecca
Ransom.
16. Amendment #2, as shown on page _______, to
Work Order #7 to PS-2051-07.
17. Change Order #2, as shown on page _______, to
Work Order #22 to CC-3321-08.
18. First Amendment, as shown on page _______, to
IFB-601516-12.
19. Amendment #2, as shown on page _______, to
Work Order #2 to PS-5116-10.
20. Amendment #3, as shown on page _______, to
Work Order #3 to PS-2825-07.
21. Resource Management Department, Purchasing
Division, Special Review of Fixed Asset Control – New RFID Scanning Process
Audit prepared by Clerk of Court Maryanne Morse.
22. PS-8047-12, as shown on page _______,
Geotechnical and Construction Material Testing and Inspection Services
Agreement, Ardaman & Associates, Inc.
23. Second Amendment, as shown on page _______, to
PS-2249-07.
24. First Amendments, as shown on page _______, to
PS-2249-07, AECOM Technical Services, Inc. and Keith & Schnars, P.A.
25. Work Order #103, as shown on page _______, to
PS-5120-02.
26. Work Order #84, as shown on page _______, to
CC-1284-06.
27. Work Order #42, as shown on page _______, to
PS-3914-08.
28. Bids as follows: IFB-601635-13 and CC-8045-13.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Sheriff’s
Office
27. Approve contribution of $4,500 from the Law
Enforcement Trust Fund to provide funding in support of “Project Graduation
2013”, a safe, adult‑supervised, alcohol and drug free celebration for
participating Seminole County High Schools on graduation night.
28. Approve supporting the implementation of the
“FOCUS on Safety” program for the 2013‑2014 School Year.
Districts 1, 2, 3, 4 and 5 voted AYE.
With regard to Item #28, Implementation of FOCUS on
Safety, Commissioner Carey advised that the Board would like to see some evidence
of measure come back before them. She
stated she had this discussion with the Sheriff's representatives. If they are working with the School Board to
get those statistics every year, they will be able to see how effective the
program has been. She stated she would
like to see that information come back to the Board.
Commissioner Constantine stated that five of the
seven cities are actually doing this program.
He would hope that while they are implementing this, they would work
with the other two cities and have the program implemented in the three schools
that are in those two cities so there is full cooperation of the entire county
in this program.
REGULAR AGENDA
Liz Parkhurst, Planning and Development Division,
addressed the Board to present a request for reduction of the Code Enforcement
Board lien for Case #11‑123‑CEB, on the property located at 199
Montego Inlet Boulevard, (Reference Only), Longwood, for the violation of an incorrect
street sign at the intersection of Montego Inlet Boulevard and Shadowbay
Boulevard South, Shadow Bay LTD c/o Hara Management, Inc.
Ms. Parkhurst
distributed an email from Michelle Ertel with an attached letter from Shadowbay
Homeowner’s Association (copy received and filed) that was received earlier today.
Ms. Parkhurst gave a brief history of the case. She explained that in the Request for
Reduction of Lien application, the Respondent explained they were unaware of
any fines being imposed although all correspondence is shown as being received
by their office. She added that the
Respondent has provided an invoice showing the sign that was in violation was
replaced on July 3, 2012. Staff
recommends that the Board approve a reduction to the Code Enforcement Board
lien from $105,000 to $56,000, which equals the fine accrued between the
imposed compliance date and the date of the invoice showing the sign was
installed; require the amount be paid within 60 days or the lien will revert to
the original amount; and authorize the Chairman to execute the Satisfaction of
Lien upon payment in full. Ms. Parkhurst
requested the staff report be made part of the record.
Commissioner Carey stated as she understands it,
this was a management company that was being notified on behalf of Code
Enforcement, the representative for the owners and Shadowbay; but if the lien
were to be imposed, it would be against the residents of Shadowbay. Ms. Parkhurst stated the HOA was also noticed
on all of the hearings.
Philip Kaprow, attorney with Vose Law Firm,
addressed the Board to state he is representing Hara Management. He stated that Robert Hara and Lorie Fulkes,
with Hara Management, are also present.
Mr. Kaprow explained that Mr. Hara's response sets forth most of their explanation,
that there was a mistake in their office and that the notices never made it to
the appropriate people. He gave a brief
history of the case. He stated that Mr.
Hara is accepting responsibility for the mistake that was made on behalf of the
Association and is simply looking for leniency.
Chairman Dallari stated in reading through the
background information, there were mistakes that were made which were
corrected. He believes there needs to be
some leniency.
Commissioner Carey verified with Mr. Kaprow that
Hara Management is requesting that the lien be reduced to $3,000 and that they
are paid $6,000 a year from the Association.
Commissioner Carey stated she was contacted by Michelle
Ertel on behalf of Hara Management and received an e-mail as well.
Commissioner Horan pointed out that the notices that
were sent to Shadowbay, LTD were in care of Hara Management. He asked Ms. Parkhurst if a separate notice
was also sent to the Homeowner's Association.
Ms. Parkhurst advised that a separate notice was sent to the HOA which
went to the same address. Commissioner
Horan reiterated that the notice did not go to the Homeowner's Association’s
president's address at Shadowbay, but went to Hara Management since that was
the only address they had. With regard
to whether or not actual notice got to the homeowners other than through the management
company, Commissioner Horan stated he believes the record shows that every time
they tried to contact the Homeowner's Association or the homeowners, it was
always through the management company, that all of the notices went to the
management company, and that the management company "messed up." Commissioner Carey explained that it would be
the homeowners that would be penalized if the lien was placed.
Commissioner Horan stated he has had ex parte
communications with Mr. Kaprow on behalf of the management company and Ms.
Ertel on behalf of the Homeowner's Association.
Commissioner Constantine stated he also had
conversations with Ms. Ertel and Mr. Hara and his executive. He stated he has been struggling with this
matter because clearly they understand that a mistake was made and the
management company accepts responsibility.
He also believes that the amount of $56,000 as the punishment does not
fit the crime.
Motion
by Commissioner Constantine, seconded by Commissioner Horan, to approve a
reduction to the Code Enforcement Board lien, from $105,000.00 to $4,562.07,
for Case #11‑123‑CEB, on the property located at 199 Montego Inlet
Boulevard, (Reference Only), Longwood; require this reduced amount to be paid
within 60 days or the lien will revert to its original total amount of $105,000;
and authorize the Chairman to execute the Satisfaction of Lien upon payment in
full; Shadow Bay LTD c/o Hara Management, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND
STAFF BRIEFINGS
The Board noted, for information only, the Informational
Budget Transfer Status Report for FY 2012/2013.
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Nicole Guillet, Economic and Community Development
Services Director, and Olga Sanchez de Fuentes, Assistant County Attorney, addressed
the Board to give a brief status report on legislative issues.
With regard to the Agritourism bill, Ms. Guillet explained they drafted a proposed
amendment that would have exempted Seminole County from the provisions that say
you have to allow Agritourism no matter what; however, it doesn't look like
that will make it into the bill. The
bill has moved through the Senate and is finishing up in the House
quickly.
With regard to the Expressway Authority bill, Ms.
Guillet advised there was a “Committee Substitute” filed. The language relative to tolls collected in
Orange County staying in Orange County is out of the new “Committee Substitute.” The proposed language regarding the alignment
of the Wekiva Parkway was not included in the new draft. Ms. Guillet explained the proposed change in
the makeup of the Board. She noted the
provision requiring Orange County be chair or vice chair was taken out.
Ms. Guillet noted with regard to the E-911 Fees
bill, which is the bill that could remove the moratorium on prepaid cards, the
House bill moved forward without the language continuing the moratorium while
the Senate bill still has the language in it regarding two more years of
moratorium. They have heard from the
County's lobbyist, Bobby Brantley, and he thinks it will be the House bill that
goes forward to the Governor and has also heard the Governor wants the two-year
moratorium to continue. She explained
that the pre-exemption bills (concurrency and growth management) look to be
moving forward. They have given their
concerns to their lobbyist in Tallahassee, who is voicing them, but she does
not know how much impact they are having.
Ms. Guillet discussed a bill dealing with State-owned
lands and requiring the Department of Management Services to get a list of all
of the vacant lands that the State owns.
There was an amendment added to the Senate bill that would require
counties and cities to also develop an inventory, keep it updated, and then
offer underutilized lands to other local governments for their use. The House bill, which headed to the floor
last week, did not have the objectionable language. She noted they talked to Mr. Brantley
about that bill as well.
Commissioner Carey discussed the natural lands that
Seminole County has that were acquired with natural lands funds taxed by voter
referendum. Ms. Guillet stated by virtue
of the nature of the property, it should be vacant. She read the definition from the bill and advised
the vacant, natural lands would not fall under that bill.
Commissioner Constantine asked Ms. Guillet if she
has been monitoring HB 999 and SB 1684.
With regard to those bills, she stated there has been language added
that dictates how the Development Review process is run. Ms. Guillet advised they have sent their
concerns to their lobbyist in Tallahassee.
She explained that Wedgewood Development has language in the bill that
would exempt them from Orange County's wetlands permitting process and that there
are concerns because wetlands impact the Econlockhatchee (Econ). She pointed out that the House sponsor has
indicated he has no interest in looking at that language; however, the Senate
sponsor has expressed that he may be willing to make some revisions to the
language. She stated the lobbyist has
asked for direction from the Board. The
bill is in the Committee on Appropriations today.
Commissioner Constantine stated he has talked to the
sponsors, Representative Patronis and Senator Altman, regarding this bill. An issue in the bill that is concerning is
the Ranger Drainage District, which would affect the Econ and Seminole
County. The second issue is the bill
restricts counties and municipalities with respect to how they can deal with
development and states that they cannot ask for additional information on an
application for development approval more than three times. Thirdly, there is more than a rumor that they
are trying to put the fertilizer pre-exemption back in this bill also. Commissioner Constantine stated he will
continue to talk to Representative Patronis and Senator Altman. He suggested, especially on those three
issues, that they let those two representatives and the lobbyist know that the
Board would have a great problem with all three of those.
Commissioner Carey suggested that everyone reach out
to Senator Altman and encourage him to get changes made and reach out to
Senator Hays regarding the agricultural issue.
She stated Seminole County has some unique circumstances that probably
other counties around the state do not have.
Chairman Dallari suggested they give staff direction
to express the Board's concern, not just on the Agritourism issue but also SB
999. Before they put a letter together,
since they are in Committee now, he suggested they reach out to them and their
offices. Commissioner Carey explained
why she believes this is the point in time when it is important that they, as
Commissioners, get engaged.
Chairman Dallari agreed that they need to reach out
to their Representative and Senator but he also believes they need to send a
formal letter to them as well.
Commissioner Constantine stated he believes the bill
is on Special Order calendar in the House.
He does not believe that SB 1684 is on Special Order calendar until the
24th, which is tomorrow; so they still have time. He thinks at some point the bill, with most
of its issues, is going to pass. Their
letter for the record would also be good because he believes it will come down
to the Governor deciding whether to veto the bill or not. In addition to agreeing that they need to
reach out, he believes they need to send a letter.
Motion
by Commissioner Constantine, seconded by Commissioner Carey, to authorize the
Chairman to execute a letter to be sent today to Bobby Brantley, the County's
lobbyist, Representative Patronis, and Senator Altman regarding the Board's
concerns about HB 999 and SB 1684.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Guillet clarified that the issues they are
addressing regarding HB 999 in the letter are the Development Review process
and the issue of the Ranger Drainage District.
The fertilizer issue is not in the bill yet. Commissioner Constantine suggested the letter
indicate that if the fertilizer issue is in that bill, the Board would be
against it being put in the bill.
Chairman Dallari confirmed
that is the consensus of the
Board.
With regard to sending a letter, Commissioner Carey
suggested they take the same action on all the items that they just talked
about, particularly the Agritourism bill.
Discussion ensued with regard to the Agritourism bill. Ms. Guillet discussed the amendment they sent
to Senator Hays and stated she will provide a copy of the amendment to all of
the Commissioners. She encouraged the
Board to contact whoever they know in the House. She stated she will also provide summary
language on HB 999 with the points that they discussed today added.
Commissioner Horan stated if this bill does pass, he
would like some type of analysis, practically speaking, as to what it means to
the County and in particular his district so when he is contacting the
Governor's Office, he has something very concrete that he can say, that this is
in fact the practical effect and why they are asking for the veto.
Ms. Sanchez de Fuentes distributed an amendment
(copy received and filed) that was filed last night on the Medicaid Cost Share
bill. She explained that this amendment
has a seven-year transition, that the percentage of the County's cost share has
changed to 1.739%, and that the proportionate billing data would be from April
2012 to March 2013 moving forward for that seven-year period. Ms. Sanchez de Fuentes described the
complicated formula found on page 3 of the bill.
Commissioner Carey pointed out that one of the
bigger issues that Florida Association of Counties (FAC) is having with this is
if you read the bill, it says the County's contribution is $269.6 million,
which is the State's number. She stated
the County believes the number is $253 million.
Medicaid is the largest unfunded mandate the County has from the
State. Based on her discussions this
morning, it is her understanding that the House has an opinion, the Senate has
a different opinion, and the Governor has a totally different one as to how
they will do this.
Ms. Sanchez de Fuentes noted this is only one spoke
in the wheel and that there is also the federal expansion and the change in the
hospital billing. She stated they are
moving away from billing completely, not just on the County side but for
hospitals as well.
Commissioner Carey stated the most helpful thing she
wants to know when staff is doing the analysis is what the financial impact
will be. There are $23 million a year of
unfunded mandates currently in the budget that have been passed over the years;
and as those numbers continue to rise, it makes it harder at a local level to
be able to work within their means. She
advised that this is a really important issue at FAC and they expect to see a
Special Session probably come out of this Medicaid issue. She believes the County needs to figure out
what is best for them and send that message.
She has no problem with staff taking time to make sure that what the
County is getting billed for is accurate and she does not mind paying the
County's fair share. She wants to be
sure they are not paying for people from other counties.
Chairman Dallari pointed out that another issue is
that no one is auditing the medical charts.
Ms. Sanchez de Fuentes stated that is the issue, that they don't care
about diagnoses or procedures and only care about the number of enrollees. Chairman Dallari stated the cost could
actually be cut down quite a bit and he believes there should be a medical audit
of the charts.
Commissioner Horan stated the problem he has in
discussing the County's fair share or appropriate share is that Medicaid is a
$22 billion to $24 billion program and is purely an unfunded mandate. He discussed the algorithm contained in the
bill and reiterated that this is an unfunded mandate. The State wants the local governments to
contribute a certain amount and they are going through some kind of exercise to
determine some kind of legal fiction that this is fair. He stated if you are going to call this an
unfunded mandate and you want the local governments to share in the expense,
then determine a fair way to do it so it is allocated among the counties in a
way that makes sense.
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Mr. Hartmann distributed a letter (copy received and
filed) from Winter Springs Community Development Department to Seminole County
and a draft letter (copy received and filed) to Kevin Smith, City Manager of
Winter Springs, regarding the proposed annexation of the Robbi Mermel Property.
Ms. Guillet explained that this is in regards to a
proposed annexation of a four-acre piece of property in the Rural Area adjacent
to Winter Springs’ city limits and adjacent to property that is not in the
rural area that is proposed for development.
She stated they have learned that the intent of the proposed annexation
is to utilize the piece of property in the Rural Area to incorporate it into a
subdivision that is being developed outside of the Rural Area. They understand from discussions, since they have
not gotten any formal paperwork, that the particular piece of property would be
used for stormwater facilities, a tot lot and a portion of a residential lot.
Upon inquiry by Chairman Dallari, Ms. Guillet
explained when they bring a subdivision to the Board, they look at the
subdivision as a whole when they apply density and zoning. They don't break it up by components. Ms. Guillet stated what they are proposing to
do in the draft letter is to tell the City that the County does not object to
the annexation but make them aware that the County does not believe their
proposed uses can be accommodated in any of the Rural land use categories. She added that the Board has final authority
over the Future Land Use designations assigned.
Mr. Hartmann stated he wants to be sure the Board
concurs with the letter being sent to Mr. Smith. No
objections were voiced. He stated
this is not something typical that they have done; but because of the
circumstance, he believes it is fair for the County to put the City on notice
that this will get discussion as it reaches the Board.
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Mr. Hartmann stated that Stuart Boggs from LYNX is
going to make a presentation regarding a potential new route.
Commissioner Carey left the meeting at this time.
Stuart Boggs, Director of Planning & Development
for LYNX, addressed the Board to provide an overview of a proposed service
development grant opportunity. He
displayed a PowerPoint presentation (copy received and filed) entitled “LYNX
Service Development Grant Opportunity – Red Bug Lake Road Service” and reviewed
the topics of Background, Red Bug Lake Road Service – Option 1; and Red Bug
Lake Road Service – Option 2.
Commissioner Carey reentered the meeting at this
time.
Mr. Boggs continued his presentation and reviewed
the topics of Days and Hours of Service – Option 1 and Days and Hours of
Service – Option 2.
Mr. Applegate left the meeting at this time.
Mr. Boggs discussed Service Costs – Option 1 and
Service Costs – Option 2.
Mr. Applegate reentered the meeting at this time.
Mr. Boggs concluded his presentation by discussing
the Next Steps.
Upon inquiry by Chairman Dallari, Mr. Boggs stated
they are looking for input from the Board regarding selection of a service
alignment and service span, how many days of service. Chairman Dallari stated he believes it needs
to go to UCF, which is Option 2. The
question would be what Level of Service option.
Commissioner Carey stated they are always looking
for grant funds and how they can do things but noted there is only a two-year
option on the grant with a 50% match, which means the money is coming from
somewhere. She questioned whether or not
they have done any analysis and gone out and talked to people about what the
demand is for that service and whether there is really a demand for a
connection from the SunRail station to the Oviedo Mall or to City Hall or
UCF. She also questioned if the cities,
UCF and Seminole State College are willing to help pay. Those are questions that she would have
before she would want to commit to adding another route. Without having some kind of mechanism to fund
these types of programs, she would want to know if the demand is there.
Commissioner Henley advised this issue has not come
before the LYNX Board. Upon inquiry by
Commissioner Henley regarding fare revenue and ridership numbers, Mr. Boggs
stated the fare costs were based on their standard fixed route fare costs. As far as ridership, he described the initial
modeling that they have done through their Transit Boardings Estimation and
Simulation Tool (TBEST) software.
Upon inquiry by Commissioner Carey regarding who
requested this service, Mr. Boggs discussed a list of routes that went to the
Board for possible service development in Osceola County, Orange County and
Seminole County, routes that they had received input from the local
jurisdictions as being corridors that were of interest.
Commissioner Henley asked Mr. Boggs how this
differs, from a financial perspective, from the proposed flex bus in Altamonte,
which the County is not participating in as a government as far as cost and
financing are concerned. Each of those
cities has put up about $700,000. The
County is not participating financially there but they are being asked to
participate financially here.
Commissioner Henley asked Mr. Boggs how the County should respond to
Altamonte, who wants them to help finance the flex bus. He stated he wants to know how they deal
fairly with each of these areas and communities.
Commissioner Henley discussed the wait time for this
route. He stated he does not know
whether people will want to wait an hour to drive 35 to 40 minutes. He advised they are not going to be able to
bus everybody to the rail and that is why they build parking lots.
Upon inquiry by Chairman Dallari, Mr. Boggs
confirmed that this item is time sensitive and that they need to submit a grant
application by April 30. He stated they
are seeking, from the County, a Letter of Support and the County’s intention to
continue service past the grant period.
Commissioner Horan stated that it is his
understanding that this grant opportunity came up and the deadline is six days
from now; therefore, Mr. Boggs would need some kind of commitment from the
Board as to whether they are interested in participating at some level. He stated that before he would commit to the
kind of expenditure of taxpayers’ funds for this route, he would need a lot
more analysis and an equation that involves a lot more variables than are here
in the presentation, in particular what affect it has on traffic. He would like to know what the SunRail effect
is, how Mr. Boggs came to that particular projection number, what particular
variables are in the TBEST model, things like that.
Upon inquiry by Commissioner Horan, Mr. Boggs
confirmed that he is asking for a Letter of Interest but also within that, some
indication that there would be a commitment to carry this forward past the
grant period. Upon further inquiry, Mr.
Boggs stated he is asking for a Letter of Support.
Chairman Dallari stated he believes the only way to
do this now would be a Letter of Interest instead of a Letter of Support.
Commissioner Constantine stated he is trying to
ascertain who they are trying to serve and if they are looking for people that
want to get to the train station from Oviedo.
Mr. Boggs stated the intent is to serve the activity centers along the
corridor and noted that one of those is the SunRail station; however, depending
on which alignment is chosen, there are other destination points. Upon inquiry by Commissioner Constantine, Mr.
Boggs discussed the run times.
Mr. Hartmann confirmed with Mr. Boggs that the
grants are available on an annual basis.
Mr. Hartmann stated they all know it is going to be very important to
provide feeder service for SunRail but believes this grant needs a little more
analysis. He thinks they need to be very
careful about sending something to an FDOT grant that they are not committed to,
which they will turn down, because that means somebody else may not have been
in the pipeline for it. He believes this
is something that is good to pursue and maybe they can try to pursue it with
some other parties that may help fund it, absent a sustainable funding source
for the County. If they had a
sustainable source, something outside of the General Fund, this would make
great sense to do.
Commissioner Carey suggested that since these funds
come up annually and they know they come up annually, they probably ought to
start planning sooner about what they want to go after the grant funds
for. She would not support going after
this grant fund. Discussion ensued with regard to the need for funding
partners.
Chairman Dallari confirmed that there is consensus at this point not to move
forward with this. No objections were voiced.
Mr. Boggs asked if it would be the Board's pleasure
to revisit this next year. Chairman
Dallari responded most definitely but explained that the direction the Board
would like to see from LYNX would not be visiting this next year but visiting
it sooner rather than later so they have more information. He stated his bigger concern in this matter
is the hour and 20 minutes from end to end and questioned what it would take to
shorten that time period and what the cost would be. Some other concerns, as they heard from some
of the Commissioners, are what the actual demand is and what the fee structure
is. There is a lot more information
needed before they vote.
Commissioner Carey discussed the possibility of an
express bus. She stated if there is
demand in the area to get from Altamonte SunRail station to that area of town,
why not set up some agreement to have a Park and Ride at the Oviedo Mall and
run an express bus. Chairman Dallari
advised that was a conversation he had with LYNX and the representatives from
the Mall last week.
COUNTY ATTORNEY
BRIEFING
County Attorney Bryant Applegate advised
that two weeks ago the Board gave authority for outside counsel to intervene in
a Division of Administrative Hearings (DOAH) proceeding involving the Putnam
County Environmental Council's challenge to the St. John's 2005 water
plan. DOAH has referred that back to the
Florida Land and Water Adjudicatory Commission.
He requested the Board authorize outside counsel to intervene, if
necessary, in that proceeding.
Motion
by Commissioner Horan, seconded by Commissioner Carey, to intervene, if
necessary, in the Florida Land and Water Adjudicatory Commission proceeding
regarding the St. John’s 2005 water plan.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari reminded everyone that there is a
Worksession on Community Services in Conference Room 3024 at 11:30.
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Chairman Dallari
recessed the meeting at 11:25 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 Jane Spencer who was replaced
by Deputy Clerk Eva Roach, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner Henley to authorize the filing of the proofs of publication for
this meeting's scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
MARKHAM
ROAD REZONE/Andrew Abel
Proof of
publication, as shown on page ________, calling for a public hearing to
consider an Ordinance enacting a rezone from A-1 (Agriculture) to PD (Planned
Development) for 61.40 acres, located on the north side of Markham Road,
approximately 0.25 miles east of Longwood Markham Road, Andrew Abel, received
and filed.
Brian
Walker, Planning, addressed the Board to present the proposed rezone
request. He stated the site is located
within and complies with all requirements of the Wekiva River Protection Area
and all applicable overlay districts. In
order to protect sensitive wetland and flood prone areas on the site, the homes
will be clustered. He advised that reclaimed
water is available via a 24-inch main on the south side of Markham Road. He stated an additional condition will be
added to the development order stating that the developer will be responsible
for maintaining the integrity and operation of the trail at all times during
construction. The Planning & Zoning
(P&Z) Commission recommended approval of the request. Staff recommends approval.
Charlie
Madden, Madden Moorhead and Glunt, addressed the Board to state they have had
community meetings with many of the residents from the east and west areas in
which they reviewed their plan. He
displayed a plan (received and filed) of the proposed property showing the
current zoning (1-acre layout) and 150 feet minimum lot widths, and noted there
are 30 foot building setbacks allowed in the A-1 existing zoning and 5 foot
setbacks for pool screening enclosures.
He also displayed the proposed cluster plan (received and filed) and
reviewed some highlights of the differences of the plans, the maximum density
of either plan being one unit per acre, the building setbacks, minimum house
setbacks, minimum size of the pool screen enclosures, open space, lot widths,
and number of lots on the A-1 Plan. He
said the other issue that was discussed was the 6-foot brick wall. The residents wanted a thick hedge feature
that would keep pedestrians from crossing over into their neighborhood. Mr. Madden stated he feels that will be less
of a problem for the neighbors.
Upon
inquiry by Chairman Dallari, Mr. Madden advised that they are going with a
gated community.
Mr. Madden displayed a master plan
(received and filed) and stated a retention pond will be added to divert the
water issues away from the wall in the neighborhood as well as adding a small
tie-in slope so that there will be a minimal amount of water flowing to the
wall. Some weep holes will be added at
the low point to handle the tie-in slope that will still be going there.
Upon
inquiry by Commissioner Carey, Mr. Madden advised the wall is existing from the
subdivision to the east and it is on the property line. The applicant will not be building another
wall against the existing wall.
Steven
Barcus, 1864 Lake Markham Preserve Trail, addressed the Board to speak in
regard to his concerns with traffic. He
stated the applicant is planning to add 46 additional homes in the area and
that will generate more traffic on Markham Road. He spoke with regard to a traffic study not
being required and noted that the traffic is already very bad in the area. He asked the Board to take the traffic into
account as it is already a problem and it will only increase.
No one
else spoke in support or in opposition.
Speaker
Request Form was received and filed.
At the
request of District Commissioner Carey, Brett Blackadar, County Engineer,
addressed the Board to explain why a traffic study is not required. He stated staff looks at the impact to the
site entrance and will be requiring a left-turn lane. The applicant has been asked to increase the
radius for the right turn movement into the site to 50 ft. to help alleviate
some of the turns which should help the traffic in the area. He added eastbound and northbound left-turn
lanes were added to help the Markham Road/Orange Blvd. intersection. Also, staff is continuing to monitor the area
to see if a future signal is warranted.
Traffic counts and travel time delay studies are being monitored on an
annual basis. If demand does increase in
the future because of additional development, staff can look at improvements
that would help the area.
Commissioner
Horan stated Markham Road is currently operating at a Level of Service (LOS) A
and it doesn’t have improvements programmed into the 5-year Capital Improvement
Plan. Mr. Blackadar stated he believes
it is a policy constrained roadway per the Land Development Code.
Commissioner
Henley stated he met with Mr. Madden regarding this development. Commissioners Constantine and Horan stated
they met with Mr. Madden also and with Mr. Lewis.
Chairman
Dallari stated he also met with Mr. Madden and Mr. Lewis. He said his concern for the project has to do
with the trail going across the entrance, and he wants to make sure that
pedestrians are aware of construction going on in that area.
Commissioner
Constantine advised that he attended the community meeting that was held in February.
District
Commissioner Carey stated she had ex parte communication (received and filed)
consisting of e-mails and meetings with Mr. Madden and Mr. Lewis.
Motion by Commissioner Carey,
seconded by Commissioner Horan to adopt Ordinance #2013-15, as shown on page
________, enacting a rezone from A-1 (Agriculture) to PD (Planned Development)
for 61.40 acres, located on the north side of Markham Road, approximately 0.25
miles east of Longwood Markham Road, and approve the associated Master
Development Plan and amended Development Order, as shown on page ________,
addressing the trail issue, as described in the proof of publication, Andrew
Abel.
Districts
1, 2, 3, 4 and 5 voted AYE.
HESTER
AVENUE REZONE/Randy Morris
Proof of
publication, as shown on page ________, calling for a public hearing to
consider an Ordinance enacting a Rezone from R-1AAA (Single-Family Residential)
to PLI (Public Lands and Institutions) for one acre of property located on the
west side of Hester Avenue, approximately 300 feet south of CR 427, Randy
Morris, received and filed.
Kathy
Hammel, Planning, addressed the Board to state the applicant is requesting the
rezone to accommodate an expansion of the parking area for the Kids House
facility. The applicant is also
requesting ingress and egress off of Hester Avenue as that will alleviate any
traffic issues along Ronald Reagan Blvd.
This request is consistent with the institutional uses currently in the
Kids House facility. Therefore, staff is
recommending approval.
Bob Burke,
representing Kids House, addressed the Board to state the biggest issues that
he has are with traffic and parking.
This additional acre will provide extra parking. He explained how this request will alleviate
the safety issue. He stated since Kids
House is a 501(c)3, falls under the umbrella of the Sheriff’s office, and has a
relationship with Seminole County, he is requesting that the fees spent to
start the application process be returned to Kids House. He also asked that the rezoning of the north
parcel be handled as an administrative rezone process. That means, Kids House would not have any
fees or applications; it will be handled administratively but still go through
the Planning and Zoning and the BCC process.
No one
spoke in support or in opposition.
Motion by Commissioner Horan,
seconded by Commissioner Henley to adopt Ordinance #2013-16, as shown on page
________, enacting a Rezone from R-1AAA (Single-Family Residential) to PLI
(Public Lands and Institutions) for one acre of property located on the west
side of Hester Avenue, approximately 300 feet south of CR 427, as described in
the proof of publication, Randy Morris; to grant the waiver of the fees; and
direct staff to handle the contiguous property through an administrative
rezone.
Under
discussion, Commissioner Carey stated she believes that when the Board waived
the fees in the past, the applicant would pay for the cost of the
advertisement.
Commissioner
Henley stated there have been times when the Board did not charge fees on administrative
changes in the Hillview area.
Ms. Hammel
stated several items would be included in the newspaper advertisement and staff
would have to calculate their portion.
Commissioner
Horan stated his motion would include the waiver of the advertising fees
for the administrative rezoning, to be set off against whatever the refund
would be on the fees already paid by the applicant. Commissioner Henley agreed with including that in the motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
FIRE ALARM
CONTROL ORDINANCE (Continued)
Continuation
of a public hearing to consider an Ordinance creating a new section within the
Seminole County Code regulating fire alarm systems, as described in the proof
of publication.
Tad Stone, Public Safety Director,
addressed the Board to request this item be continued to May 14, 2013.
No one
spoke in support or in opposition of the continuance.
Motion by Commissioner Horan,
seconded by Commissioner Carey to continue to May 14, 2013 at 1:30 p.m., or as
soon, thereafter as possible, request to create a new section within the
Seminole County Code regulating fire alarm systems, as described in the proof
of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari stated Mary Sue Weinaug, Keep Seminole Beautiful, would like to make
some comments with regard to the work that this organization is doing.
Mary Sue
Weinaug addressed the Board to display and review photographs (not received and
filed) showing the following areas that Keep Seminole Beautiful cleaned
up: homeless people campsite off of SR
436 and an area off of Hillview where things were dropped off after it was
cleaned two days earlier.
Chairman
Dallari stated he feels that Keep Seminole Beautiful has done a phenomenal job
and staff will be focusing more efforts in coordinating the resolution of these
issues.
Commissioner
Carey stated Keep Seminole Beautiful has helped the County in keeping the
retention ponds cleaned up. She
recommended that Ms. Weinaug coordinate with staff in scheduling the cleanup
dates. She stated staff can pick up the
additional debris in the area and then repost the “No Dumping” signs so they
can put an end to the dumping. She also
recommended that the Sheriff’s Office have an officer patrol the area to see if
they can catch the person or persons doing the dumping.
Commissioner
Henley stated the Hillview area has had continuous problems with people dumping
things out there such as mattresses and then setting them on fire. It is apparent that this is going to continue
even after it is cleaned up and he doesn’t know what it will take to resolve
the problem.
Commissioner
Constantine stated he helped Keep Seminole Beautiful with the cleanup last week
and they picked up over 1,000 Yellow Page books with most of them still in the
plastic wrapper. He thanked staff and
Keep Seminole Beautiful for ensuring that this concern will not happen again.
Commissioner
Horan stated he wants to thank Keep Seminole Beautiful for doing what they do
for this county.
Commissioner
Carey recommended that the organization coordinate with the County haulers to
see if they can bring a dumpster to that area and then pick it up the next day.
Chairman
Dallari stated the Saturday that they did the cleanup was a special cleanup
day. Ms. Weinaug stated that was Mike
Barr cleanup day as he was the founder of this organization and she wants to
keep it going for him.
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Chairman
Dallari referred to a letter he received from Kathy Ramsberger of the Dr.
Phillips Performing Arts Center informing him of an interesting project that
they are trying to do. He stated the
downtown Performing Arts Center is located in Orlando and it is about to be
topped out. The Arts Center would like
to have several beam signings at their cost and they would like Seminole County
to sign it as well as the County’s cities and the School Board. The citizens are being asked to sign it as
well. It will be brought back to their
facility to be part of their structure until the end of time. He said he will keep everyone informed as to
when that will take place.
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Chairman
Dallari thanked many of the County employees for their help in the Centennial
celebration. He said he received two
letters commending the Roads Department and Environmental Services Department
for their great response and support for that event. He added he would like to give a special
“shout out” to those departments as well as Leisure Services.
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Chairman
Dallari stated Lastacia Upshur represents the Seminole County Boys and Girls
Club of Central Florida and she is the Youth of the Year. Ms. Upshur will be representing Seminole
County statewide and will potentially be traveling to Atlanta in June for a
competition in the Southeast Regional Youth of the Year. He said he would like to recognize and thank
her for her dedication.
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Chairman
Dallari asked authorization to execute a letter authorizing the Mosquito
Control Division to dispense insecticide over the county. The Board voiced no objections.
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Chairman
Dallari advised that the UCF Incubator was awarded an International Award this
past month. The UCF Incubator is
continuing to be an outstanding partner throughout Central Florida as well as
throughout the State.
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Chairman
Dallari stated Administrative Professionals Day is on April 24 and he would
like to thank all of the Aides for their hard work in helping the BCC get their
job done. He also thanked Helen Endicott
for her 15 years of continued service with the County Manager’s office and the
BCC. He added Ms. Endicott is now
working for the Growth Management Department and she has been a huge asset for
all of them.
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Chairman
Dallari informed the Board that NACo has a new program allowing governments to
look at new technologies and identify solutions. He said he has submitted that information to
the County Manager and Deputy County Manager to review same. He asked the Board to keep an eye open for
that when it is brought back to them.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
received April 8, 2013, from Bill Walker, Bill’s Car Wash and Detailing
Centers, to County Commissioners and Casselberry City Commissioners RE:
Proposed Flyover U.S. 17-92 and SR 436 Alternative “At Grade” Improvement. (C: BCC, County Manager, Public Works,
Economic & Community Development Services)
2.
Letter
dated April 10, 2013, from John Baldwin, Baldwin & Morison, P.A., to
Seminole County Commissioners and Casselberry City Commissioners RE: Proposed
Flyover U.S. 17-92 and SR 436 Alternative “At Grade” Improvement. (C: BCC, County Manager, Public Works,
Economic & Community Development Services)
3.
Letter
with attachment dated April 9, 2013, from William and Kathy McKnight, to County
Commissioners RE: Proposed Flyover U.S. 17-92 and SR 436 Alternative “At Grade”
Improvement. (C: BCC, County Manager,
Public Works, Economic & Community Development Services)
4.
Copy of
letter dated April 9, 2013, from Chairman Robert Dallari to Cathy Jackson,
Homeless Services Network of Central Florida, RE: Permanent Supportive Housing
Proposal; Seminole County Letter of Commitment. (C: BCC, County Manager,
Community Assistance)
5.
Copy of
letter dated April 9, 2013, from Chairman Robert Dallari to Honorable Matthew
Caldwell, Agriculture & Natural Resources Subcommittee of State Affairs
Committee, RE: CS/CS/HB 927 dealing with Agritourism. (C: BCC, County Manager, County Attorney,
Economic & Community Development Services)
6.
Copy of
letter dated April 9, 2013, from Chairman Robert Dallari to Noranne Downs,
Florida Department of Transportation, RE: Funding of State Road 46 Widening
Project from Mellonville Avenue to State Road 415 (FPID 240216-2). (C: BCC, County Manager, Engineering, Economic
& Community Development Services)
7.
Copy of
letter dated April 11, 2013, from Chairman Robert Dallari to Senator David
Simmons, Florida Senate, RE: SB 952 Orlando-Orange County Expressway
Authority. (C: BCC, County Manager,
County Attorney, Engineering, Economic & Community Development Services)
8.
Letter
received April 11, 2013, from Karen Mothersill, Rock Lake Middle School
Boosters, to Board of County Commissioners RE: Support of the Rock Lake Middle
School 8th grade graduation celebration. (C: BCC)
9.
Letter
with attachment dated April 12, 2013, from Congressman John Mica, U.S. House of
Representatives, to Commissioner Bob Dallari RE: Expansion at the Orlando
International Airport.
10.
Letter
dated April 18, 2013, from David Alpert, LOC Partners, LLC, to Seminole County
and City of Casselberry Commissioners RE: Proposed Flyover U.S. 17-92 and SR
436 Alternative “At Grade” Improvement.
(C: BCC, County Manager, Engineering, Economic & Community
Development Services)
11.
Notice
of Public Hearing with attachment dated April 21, 2013, from City of Altamonte
Springs RE: To Authorize a private school for grades K-8 as set forth in
Section 3.18.3 of the Land Development Code.
(C: BCC, County Manager, Economic & Community Development Services)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Constantine reported on the Brew at the Zoo event that occurred on Friday,
April 19, 2013 and stated it was a tremendous success. He said he attended the Relay for Life on
April 19, 2013 and that was a wonderful event as well. He added he believes many of the Board
members represented the County at various libraries for the Time Capsule. He stated he spoke at Earth Day on April 20,
2013 at Lake Eola. He said he will be
speaking to the Bear Lake Homeowners Association tonight. The Lyman High School Volleyball Team is
playing tonight at 7:00 p.m., and they are still undefeated and ranked number
one in the state.
Commissioner
Henley advised that Lyman High School will be playing the Lake Mary Volleyball
Team tonight and they are also undefeated.
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Commissioner
Constantine stated he is looking forward to the Centennial Birthday Dinner
Cruise scheduled on April 25, 2013.
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Commissioner
Carey thanked staff and all the volunteers who showed up on Saturday, April 20,
2013, for the Centennial Festival. It
was a great event. She stated over
10,000 people attended the festival and it was great to see that so many people
turned out. It was also great to see
many of the past elected County Commissioners and their descendants.
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Commissioner
Carey stated the Centennial Eat Local Birthday Dinner Cruise is Thursday night,
April 25, 2013, and there are still tickets available for that event.
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Commissioner
Carey acknowledged that Earth Day was yesterday and she feels they should treat
every day like Earth Day by supporting environmental protection, such as
recycling and educating themselves on daily practices that promote healthier
things. The Earth Fest event is
scheduled for April 27, 2013 at the Lake Concord Park in Casselberry. It is a free environmentally friendly
festival sponsored by the City of Casselberry, Casselberry Friends of the Park,
Keep Seminole Beautiful and TD Bank.
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Commissioner
Carey acknowledged that the St. Johns River Festival of the Arts is scheduled
on May 4 and 5, 2013 in downtown Sanford.
She stated this festival is a relatively new event but it is a fun
event.
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Commissioner
Carey reminded everyone that Mother’s Day is coming up on May 12, 2013 and to
not forget their mother.
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Commissioner
Horan stated Jacqueline Padilla is resigning from the Tourist Development
Council.
Motion by Commissioner Horan,
seconded by Commissioner Carey to appoint Alex Figueroa to the Tourist
Development Council (TDC), by Resolution #2013-R-132, as shown on page _______,
for the unexpired term; and adopt appropriate Resolution #2013-R-130, as shown
on page _______, commending Jacqueline Padilla for her services on the TDC.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Horan stated he would like to give a “shout out” to Amy Lockhart for being able
to facilitate approximately $20,000 of the United Arts grant money through
cooperation with United Arts and the School Board to use it for the Children’s
Arts Reach Out Initiative. This money
has helped benefit the Centennial and will also benefit the County’s budget for
next year. United Arts continues to do
strategic planning under the new Executive Director to become a full-service
arts organization. The strategic
planning has already resulted in a very successful fundraising campaign this
year. He said he is looking for a lot of
good things coming for art organizations in Seminole County through United
Arts.
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Commissioner
Horan stated he attended the Boys and Girls Club of Central Florida’s large
fundraiser. He said about 1,300 people
attended the event and it is to benefit all of the Boys and Girls Clubs in
Central Florida. He pointed out that
Lastacia Upshur was selected as the State of Florida Youth of the Year and she
is a member of the East Altamonte Branch Boys and Girls Club. He said she has overcome many obstacles in
her life and is presently a student at Seminole State College. Ms. Upshur will attend the University of
Central Florida (UCF) next year to study pre-med and she wants to be a
neurologist. He added next year the
Seminole County’s Boys and Girls Club will have their own event.
Upon
inquiry by Chairman Dallari, Commissioner Horan advised he will be involved in
that event next year. Chairman Dallari
requested that Commissioner Horan keep the Board members informed as he is sure
all of them would love to attend.
Commissioner
Horan explained that the way Seminole County’s participation in the “Celebrate
the Children” event, which is a very large event, down in the Disney area works
now is they get back what they participate to that event. With having their own event, they will be
able to keep all of the proceeds themselves.
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Commissioner
Horan stated he met with the Board of Directors of the Seminole Work
Opportunity Program (SWOP) along with staff member Buddy Balagia focusing on
what is required for them to participate in the County’s grant program as well
as facilitating the assistance that has been provided to them. He said he is looking forward to giving the
Board periodic progress reports.
Commissioner
Constantine stated he is impressed with what the Board members have done for
the communities and in giving to charities.
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Commissioner
Henley stated the Board has had lengthy conversations with regard to the
recycling plant next to a middle school on Lyman Avenue. The citizens are complaining about the
changes at that facility. He stated the
recycling plant has not lived up to what had been agreed upon, and he would
like Mr. Hartmann to have staff check that out with the approved site plan as
well as the conditions that were placed on them.
COUNTY
MANAGER’S REPORT
Mr.
Hartmann stated the Centennial event was truly exquisite and he would like to
thank staff for the well orchestrated event.
He added the best thing that they did was bring Amy Lockhart in as it
wouldn’t have happened without her attention to details and everyone else
rallying around.
Chairman
Dallari recognized volunteer Angela Albertson for helping Ms. Lockhart as she
did a phenomenal job as well.
Commissioner
Horan stated most of the people who attended the event indicated that the
County’s booths were the most interesting.
He said he feels this emphasizes that they need to get staff out in the
community.
COUNTY
ATTORNEY’S REPORT
No Report.
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Chairman
Dallari reminded the Board of a scheduled workshop in Room 3024 in 10 minutes.
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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.
ATTEST:_______________________Clerk_____________________Chairman
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