BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
APRIL 9, 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 9, 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 Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Commissioner
Carlton Henley gave the Invocation.
Commissioner
Carey led the Pledge of Allegiance.
VIEWING OF
CENTENNIAL MINUTE
The
“Historic Preservation – Historic Hotels” and “Agriculture – Turpentine and
Lumber” Centennial Minute Videos were presented.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Constantine,
seconded by Commissioner Henley to adopt a Proclamation, as shown on page
________, proclaiming the month of April 2013 as Water Conservation Month in
Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Proclamation was presented to Debbie Meinert, Environmental Services, who
addressed the Board to express her appreciation. She reviewed some of the programs that they
are doing in conserving water.
COUNTY
MANAGER’S CONSENT AGENDA
Motion by Commissioner Carey,
seconded by Commissioner Horan to authorize and approve the following:
County Manager’s
Office
2. Approve travel and mileage
reimbursement to Commissioner Carlton Henley for miscellaneous travel from
October 30, 2012 - March 31, 2013.
Community
Services
Business Office
3. Approve and authorize the
Chairman to execute the Corrective Restrictive Use Covenant, as shown on page
_______, to modify the residency restriction of the American Living Inc. Group
Home to low and very low income, developmentally disabled male residents of Seminole
County; and to execute the Corrective Restrictive Use Covenant and Corrective
Mortgage Deed, as shown on page ________, to correct the transposition of pages
which occurred at the time of recording.
Community
Development Division
4. Approve and authorize the
Chairman to execute a Letter, as shown on page ________, of Support to Homeless
Services Network of Central Florida committing to provide $260,000 in Community
Development Block Grant (CDBG) funding to the rehabilitation of the current
Catholic Charities facility (a/k/a Pathways to Care) in Casselberry.
Economic &
Community Development Services
Planning &
Development Division
5. Approve the final plat for
Versailles Subdivision containing 63 lots on 26.08 acres zoned PUD (Planned
Unit Development), located on the east side of Orange Blvd., approximately ¼ mile
north of W S.R. 46, M/I Homes of Orlando, applicant.
Environmental
Services
Business Office
6. Approve the Release of the
original Maintenance Agreement for Water & Sewer Improvements w/Cash Escrow
Agreement for the project known as Lake Mary Westin in the amount of $7,445.44,
YRG Hotel Group II, LLC.
7. Approve the Release of the
original Maintenance Agreement for Water & Sewer Improvements w/Letter of
Credit (LOC #40080061-02) for the project known as Hidden Creek Reserve in the
amount of $34,300, Edgefield Corporation.
Leisure Services
Greenways &
Natural Lands Division
8. Approval for the distribution of
remaining "Legacy Pieces" of wood and related Certificates of Authenticity,
as shown on page ________, for applications (128) received through the Big Tree
“Senator” tree Legacy Request Process.
Public Works
Engineering
Division
9. Adopt appropriate Resolution #2013-R-112,
as shown on page _________, and authorize the Chairman to execute Local Agency
Program (LAP) Agreement, as shown on page _________, with the Florida Department
of Transportation for the Construction and CEI Services for the County Road 426
Safety Improvements from Division Street to State Road 46. (FDOT - FPN: 419679-1-58/68-01).
10. Approve and authorize the
Chairman to execute the Second Amendment, as shown on page ________, to the
Seminole County Transportation Plan Interlocal Agreement amending Exhibit A to
add the New Oxford Road and State Road 46 Projects.
11. Approve and authorize the
Chairman to execute a Letter, as shown on page ________, to the District 5
Secretary of the Florida Department of Transportation regarding funding of the
State Road 46 Widening Project from Mellonville Avenue to State Road 415 (FPID
240216-2).
12. Adopt appropriate Resolution #2013-R-113,
as shown on page _________, accepting a Warranty Deed, as shown on page
_________, dedicating property to Seminole County for cul-de-sacs constructed
on Beardall Avenue and Cameron Avenue in conjunction with the extension of
Runway 9R-27L at the Orlando Sanford International Airport.
Traffic
Engineering Division
13. Adopt and authorize Chairman to
execute Resolution #2013-R-114, as shown on page ________, decreasing the speed
limit from 35 mph to 25 mph on Beardall Avenue; appropriate Resolution #2013-R-115,
as shown on page ________, decreasing the speed limit from 35 mph to 25 mph on Cameron
Avenue; and appropriate Resolution #2013-R-116, as shown on page _________, decreasing
the speed limit from 35 mph to 25 mph on Skyway Drive, due to roadway changes
created by Sanford Airport Authority's runway expansion project, Larry Dale,
President.
Resource
Management
Budget and
Fiscal Management Division
14. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-117, as shown on page
_________, implementing Budget Amendment Request (BAR) #13-046 through the 2001
Infrastructure Sales Tax Fund to establish the East Lake Mary Blvd. Railroad
Crossing Project and provide funding in the amount of $100,000 from reserves.
15. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-118, as shown on page
_________, implementing Budget Amendment Request (BAR) #13-052, totaling
$444,276 in the Transportation Trust, 2001 Sales Tax, 1991 Sales Tax, and
Natural Lands/Trails Funds to transfer funds to facilitate the allocation of
the FY 2011/12 Engineering Capitalization chargeback.
16. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-119, as shown on page
_________, implementing Budget Amendment Request (BAR) #13-066 through the 1991
Infrastructure Sales Tax Fund in accordance with the Public Works
Transportation Plan Amendment 2 which reduces funding for the Wymore Road Improvements
project and establishes two new capital projects, reducing $1,000,000 in
reserves.
17. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-120, as shown on page
_________, implementing Budget Amendment Request (BAR) #13-072, in the amount
of $603, through the Library Designated Fund to budget donations received and
appropriate budget of $3,603 for the purchase of books and materials.
18. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-121, as shown on page
_________, implementing Budget Amendment Request (BAR) #13-073 in the amount of
$1,000 through the General and Community Development Block Grant (CDBG) Funds
to establish a budgeted transfer to reimburse the CDBG Fund for expenditures deemed
non-compliant with required protocol for federal funding provided by the U.S.
Department of Housing and Urban Development (HUD).
19. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-122, as shown on page
_________, implementing Budget Amendment Request (BAR) #13-074, in the amount
of $48,617, through the General Fund to recognize contributions received and to
augment the original $100,000 budgeted for the Centennial Project (70000018).
Purchasing &
Contracts Division
20. Rescind the original award to
Sovanic, Inc. of Orlando, FL; accept the Apparent Second Low Bid Price for CC-8159-12/AMM,
as shown on page _______, (CDBG Disaster Recovery Reconstruction for One
Residential Property) in the amount of $144,615 with Corinthian Builders, Inc.
of Lake Mary, FL; and authorize the Purchasing & Contracts Division to
execute the Agreement; authorize the Chairman to execute the CDBG Disaster
Recovery Agreement, as shown on page ________, and the HOME Program Agreement,
as shown on page ________, for Homeowner Reconstruction between the homeowner,
Thomas and Betty Clark and Seminole County.
21. Approve ranking list, authorize
staff to negotiate rates in accordance with F.S. 287.055, the Consultants
Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts
Division to execute four Master Services Agreements (MSA) for PS-8148-12/JVP -
MSA for Construction Engineering and Inspection Services for projects less than
$2,000,000 (Estimated Annual Usage of $750,000), with the following: Keith and Schnars; CDM Smith; Atkins and Parsons
Brinckerhoff.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’
CONSENT AGENDA
Motion by Commissioner
Carey, seconded by Commissioner Henley to authorize and approve the following:
Clerk’s Report
22. Expenditure Approval Lists, as shown on page
________, dated March 11 & 18, 2013; and Payroll Approval List, as shown on
page _________, dated March 14, 2013; approval of BCC Official Minutes dated
March 12, 2013; and noting, for information only, the following Clerk’s
“received and filed”:
1.
Contracts,
as shown on page ________, for Services for Sheena Fosselius and Norene A.
Koster.
2.
Amendment
#1, as shown on page ________, to Work Order #31 to CC-2190-07.
3.
Change
Order #2, as shown on page ________, to Work Order #28 to CC-2183-07.
4.
Amendment
#1, as shown on page ________, to Work Order #7 to PS-4736-09.
5.
RFP-601393-12,
as shown on page ________, Artist Services Agreement for “The Senator,” The Nichols
Rambo Group, as approved by the Board on October 9, 2012.
6.
SS-601674-13,
as shown on page ________, Legal Services Consultant Agreement, Manson Bolves,
P.A.
7.
RFQ-601545-12
Pay Counseling Agreement, as shown on page ________, Jenica, Inc.
8.
Amendment
#2, as shown on page ________, to M-401-03.
9.
Cash
Maintenance Bond and Escrow Agreement, as shown on page ________, in the amount
of $4,905 for the project known as Colonial Grand at Lake Mary Phase 2.
10.
Development
Orders, as shown on page ________, as follows:
#13-32000001, Spartan/17-92 LLC Special Exception and #13-32000012,
Phillip & Deborah Graves Special Exception.
11.
Conditional
Utility Agreements, as shown on page ________, for Potable Water and Reclaimed
Water and Sewer Service, Taylor Morrison of Florida, for the project known as
Coventry at Heathrow.
12.
Conditional
Utility Agreements, as shown on page ________, for Water and Sewer Service, M/I
Homes, for the project known as Enclave at Bear Lake.
13.
Acceptance
of Temporary Easement, as shown on page ________, for Utility System
Infrastructure Inspection and Evaluation, Savannah Meridian Acquisition Group,
LLC, for the project known as Exchange at Savannah Park.
14.
Bill of
Sale and Utility Easements, as shown on page ________, accepting Off Site Water
System within the project known as Colonial Grand at Lake Mary Phase 2.
15.
Executive
Orders #2013-01, as shown on page ________, dated March 8, 2013, declaring
State of Local Emergency and Establishing Emergency Fire Prevention
Regulations, and March 15, 2013 extending State of Local Emergency and
Establishing Emergency Fire Prevention Regulations.
16.
Recorded
Warranty Deed, as shown on page ________, for Milestone Social Services, Inc.
for property at 2105 Hartwell Avenue.
17.
Amendment
#1, as shown on page ________, to Work Order #100 to PS-1074-06.
18.
Contract,
as shown on page ________, for Services for Maria V. Toledo.
19.
Letters
to Paul Zuromski and Johnnie Richardson regarding appointment/reappointment to
the Historical Commission.
20.
Work
Orders #1, #2, #4, #5 and #6, as shown on page ________, to RFP-8312-12.
21.
Change
Order #6, as shown on page ________, to Work Order #19 to CC-2183-07.
22.
Change
Order #5, as shown on page ________, to CC-6877-11.
23.
Change
Order #1, as shown on page ________, to Work Order #22 to CC-3321-08.
24.
Amendment
#1, as shown on page ________, to Work Order #2 to PS-6487-11.
25.
Amendment
#1, as shown on page ________, to Work Order #6 to RFP-5706-10.
26.
Change
Order #6, as shown on page ________, to CC-6893-11.
27.
Work
Order #10, as shown on page ________, to RFP-7423-12.
28.
Amendment
#2, as shown on page ________, to RFP-600909-10.
29.
Certificate
of No Recall, as shown on page ________, for RB Jai-Alai, LLC.
30.
Work
Order #1, as shown on page ________, to PS-7333-12.
31.
Title
Insurance and Warranty Deed, as shown on page ________, for the Monroe Road
Parcel, MA Repleo Holdings Corp.
32.
Amendment
#1, as shown on page ________, to Work Order #44 to PS-4388-08.
33.
Bids as
follows: CC-8267-13; CC-8255-13;
RFQ-601679-13 and CC-8199-12.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Tony Matthews, Planning, addressed the
Board to present request to approve the Shower the People/Orlando Philharmonic
Orchestra Concert Special Event Permit located at 400 Woodbridge Road,
Longwood, within the Springs Association Recreation area, on May 18, 2013, with
rainout day on May 19, 2013, from 5:00 p.m. to 11:00 p.m., Carl Rendek, Orlando
Philharmonic Orchestra, Inc. He reviewed
the description of the event, the estimated attendance, and the location of
guest parking. Staff recommends approval
of the request with the following findings:
(a) The proposed Special Event is consistent with activities within the
Springs Association Recreation Area; and (b) Impacts to services, facilities,
and protection of public safety are addressed by conditions of the Special
Event Permit.
Motion
by Commissioner Constantine, seconded by Commissioner Henley to approve the
Shower the People/Orlando Philharmonic Orchestra Concert Special Event Permit
located at 400 Woodbridge Road, Longwood, within the Springs Association
Recreation area, on May 18, 2013, with rainout day on May 19, 2013, from 5:00
p.m. to 11:00 p.m., Carl Rendek, Orlando Philharmonic Orchestra, Inc., with
staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND
STAFF BRIEFINGS
LEGISLATIVE UPDATE
Chairman Dallari stated he had several
concerns with the Expressway Authority bill and the Board has asked their
lobbyist and staff to review same. He
said he feels it would be appropriate to send a letter to Senator Simmons
expressing the Board’s concerns regarding this bill. A copy of the proposed bill was received and
filed.
Nicole Guillet, Economic & Community
Development Services Director, addressed the Board to advise the language in
the proposed bill has remained unchanged since the last Board meeting. She stated staff sent the Board’s comments to
the lobbyist and asked him to take a look at the Chairmanship, which requires
someone from Orange County to be the chairman every six years. If someone from Orange County is not the
chairperson, then someone from there would have to be Vice Chairman. Staff has asked that language be removed as
well as removing the language that required the electronic tolls collected in
Orange County remain in Orange County.
Additional concerns have come up in discussions with Chairman Dallari
relating to the construction of the Wekiva Parkway. Chairman Dallari suggested that additional
revisions be forwarded to the lobbyist as well as Senator Simmons.
Mr. Guillet referred to lines 514 through 516 of the
proposed Expressway Authority bill (received and filed) and stated it was
suggested that the language be changed to “The Central Florida Expressway
Authority shall exercise its condemnation powers when necessary to construct
the roadway” so that it would be mandatory instead of being permissive.
Chairman Dallari stated the proposed bill
refers to the alignment being the Wekiva Basin Area Task Force final report
dated January 15, 2003 and he believes that should be deleted, and the
Department of Transportation’s 2012 line and grade survey should be
inserted.
Commissioner Carey stated she believes what
that is referring to is the Task Force made the wider path that said it will go
through this swath somewhere. She said
she doesn’t have a problem leaving that in the bill, but they need to make sure
that the alignment that this Board had set for the portion in Seminole County
does not change. Lake County has similar
feelings because they would be affected by the SR 429 to I-4 section. She stated there are some good things in the
Wekiva River Basin Task Force final report and she doesn’t believe they should
eliminate that. Chairman Dallari stated
he has no problem leaving that in, but he wants to make sure that they talk
about the line and grade survey that was done in 2012.
Commissioner Carey stated she doesn’t have
a problem adding that. She added she
doesn’t have a problem with appointing someone from Orange County as chairman
every six years. She said she does have
a problem limiting the use of certain electronic tolls collected in Orange
County to the projects in that county.
She acknowledged she is not sure how much funding that would leave if
they are only talking about the funding from Seminole, Osceola and Lake
Counties being utilized for other parts of the system.
Chairman Dallari stated he feels that if it
is a regional system, it should be dealt with regionally. Commissioner Carey stated she feels this is
not a good plan if this county is going to be limited to the amount of funds
collected by Seminole, Lake and Osceola County tolls.
Ms. Guillet stated staff will reiterate
that as well.
Commissioner Carey recommended sending a
strong letter from the Chairman indicating that Seminole County has issues with
this.
Upon inquiry by Commissioner Horan, Olga
Sanchez de Fuentes, Assistant County Attorney, addressed the Board to advise
Senator Simmons hasn’t presented the amendment relating to the new membership,
but he discussed it during the hearing.
Upon inquiry by Commissioner Carey, Ms. Sanchez de Fuentes advised
Senator Simmons will submit an amendment, but they do not know what it is
yet.
Commissioner Henley stated he agrees with
the comments that have been made.
Commissioner Constantine stated the large
swath that they started with in 2004 has been narrowly defined now. He believes what Senator Simmons is trying to
do is to define that in this bill and not necessarily open it up to the entire
major swath. Discussion ensued.
With regard to the Wekiva Parkway, Ms.
Guillet stated the bill doesn’t change anything to the existing Wekiva
legislation except to reference the Central Florida Expressway Authority as
opposed to the Orlando-Orange County Expressway. The Board had no objections to the Chairman executing a letter, prepared by staff,
striking language that “the money collected from the Orange County residents be
only spent in Orange County.” Chairman
Dallari stated the line and grades is another issue.
Upon inquiry by Ms. Guillet, Chairman
Dallari advised the Board doesn’t have a problem with the Chairmanship being
rotated.
Commissioner Horan recommended that the
letter address the governance equity, the dollar equity and concretize where
the Wekiva Parkway has already been approved to go. Chairman Dallari stated it needs to say that
Osceola, Orange, Orlando, Seminole and Lake need to be involved.
Commissioner Constantine stated someone from
Orange County will probably be chairman or vice chairman all the time and that
is not something that they should quibble about. If the Central Florida Expressway Board
passes and includes all four counties, it is clearly going to be a major player
with transportation in Central Florida.
Mr. Hartmann stated the word “may” in line
515 will be changed to “shall”.
Ms. Guillet referred to the agri-tourism
bill and read the definition. This is
the bill that preempts local governments’ ability to regulate agri-tourism. She said some of that proposed activity has
been going on in the rural area for years, and the County has been regulating
it closely in keeping it with the intent of the rural boundary. This bill would preempt the County’s ability
to do that as it is a very broad definition.
If the Board has no objections, staff will ask their lobbyist to express
their concerns about Home Rule and the impact of that.
Commissioner Carey stated this Board has
been opposed to anything that preempts the County’s authority. She said she is opposed to anything that will
try to preempt their local authority.
Upon inquiry by Commissioner Constantine,
Ms. Guillet advised this bill is still in the House subcommittee and the
sponsor in the Senate is Senator Hays.
Upon inquiry by Chairman Dallari, Ms.
Guillet advised the Florida Association of Counties (FAC) is opposed to
preemption as well. She added FAC has
been tracking this bill, and it will hit the floor next week.
Commissioner Horan stated he would like to
know what Senator Hays has in mind with this bill. He stated he would like to know if there is a
way it can be done so it doesn’t adversely affect the County’s Home Rule
powers. He recommended that the Board
reach out to Senator Hays to see why he is proposing the bill, what particular
problem he is trying to address, and to make sure that the language of the bill
doesn’t have the unintended consequence of limiting their ability to preserve
or protect the natural areas in Seminole County.
Chairman Dallari recommended the Board send
a letter to Senator Hays and to their lobbyist indicating that the BCC opposes
the bill.
Upon inquiry by Commissioner Carey, Ms.
Guillet advised she believes that Representative Rouson is the sponsor of this
bill. She stated she doesn’t know who
the chairman is of the Agricultural Committee, but will provide that to the
Board.
Ms. Guillet advised that the Commercial
Rental Fees bill is not moving. The
Internet Cafe bill has moved through both Houses and will be presented to
Governor Scott.
Upon inquiry by Commissioner Carey, Ms.
Sanchez de Fuentes advised the Internet Cafe bill is going to the Governor
exactly the way the Board wanted it submitted.
Chairman Dallari requested that staff check with the Sheriff’s Office to
make sure this bill will be everything that the Board and the Sheriff’s Office have
discussed and report back to the Board.
With regard to the Transportation
Concurrency bill, Ms. Guillet stated staff is moving forward to eliminate
transportation concurrency countywide; and if there are no objections from the
Board, staff would like to express their concerns over preemption on their
ability to impose what they might need to do from a development
standpoint. Chairman Dallari stated
this Board does not want to support anything that would preempt their
authority.
Commissioner Constantine stated he believes
that during the next legislative session, there is going to be a backlash in
trying to redefine the Internet Cafe bill and bring Adult arcades back into
fold.
Upon inquiry by Commissioner Carey, Ms.
Guillet advised the House and Senate bills for the Pain Management Clinics have
been referred to three committees.
Chairman Dallari stated at one point, some of the monitoring stopped for
those clinics and he wants to make sure that is put back in. Ms. Guillet stated the House bill removed the
preemption language and it relaxed the standards relating to physician
consultation on the database. The House
sponsor is not comfortable with that language and will not support that
amendment.
Ms. Sanchez de Fuentes stated both of those
bills are being presented today. The FAC
advocates stated that they expect a “strike all” to be provided that would
narrow the preemption in the Senate bill.
Commissioner Horan stated there seems to be
no movement on Communication Services Tax and that was FAC’s priority. Ms. Sanchez de Fuentes advised she believes a
work group presented a solution, but since it was a big project, it was under
evaluation. A House bill was never filed
and it has stalled. Discussion ensued.
Ms. Sanchez de Fuentes stated two County contributions
to Medicaid bills were originally filed and developed a work group and those
are not going anywhere. But, behind the
scenes, FAC is still talking to the House and Senate representatives and the
Governor’s office regarding the different billing. There is an enrollment approach concept that
counties would be billed according to how many people are enrolled on a date
certain. The problem with that depends on the date. In certain counties the population fluctuates
with the snowbirds and it may be less in March than in January. With regard to the billing approach that is
currently being done, the House has indicated that they are not willing to come
off the base number of $270 million for the County contributions, but the
Senate and Governor’s office are willing to negotiate that number.
Upon inquiry by Chairman Dallari, Ms.
Sanchez de Fuentes advised the FAC advocate is still working on the billing
audits for the medical.
Ms. Guillet stated the House and Senate
bills for E911 fees have moved through, but they are not as similar as staff
would like them to be. The County does
not collect on prepaid now as there was a moratorium until July 2013 and the
Senate bill will extend that to 2015.
Staff would like to contact the lobbyist to communicate that they
support the language of the House bill. No objections were voiced.
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Mr. Hartmann stated there have been
discussions with regard to Seminole Work Opportunity Program’s (SWOP) financial
needs. He requested Board authorization
for a collateralized loan of $95,000 to SWOP.
He said he would also like authorization to continue working with SWOP
as there are some grant opportunities that are coming available as well as some
management opportunities that will help them.
Commissioner Horan stated he has been
involved in the discussions and this way of approaching this secures their
ability to make sure that this money is used in an appropriate way.
Motion
by Commissioner Horan, seconded by Commissioner Henley to approve a secured loan
of $95,000 to SWOP; authorize the Chairman to execute all authorized documents;
and authorize staff to continue working with SWOP relating to grant and
management opportunities.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S
BRIEFING
Mr. Applegate stated he distributed a memo (not
received and filed) concerning Putnam County Environmental Council’s challenge
to the St. Johns River Water Management District (SJRWMD) 2005 District Water
Supply Plan specifically the Addenda thereto.
The challenge is determining that surface water projects cannot be
classified as alternative water supplies.
The County’s outside counsel looks at this issue as, if successful, the
Yankee Lake project would no longer qualify for the presumption of compliance
with the public interest and the long-term permits to which alternative water
supplies are entitled. It could also
affect funding from the State and the SJRWMD.
The Florida Land and Water Adjudicatory Commission has requested DOAH
(Department of Administrative Hearings) to address whether there is
jurisdiction and to determine whether there is any substance to this
challenge. He requested authorization
for the County Attorney’s office, through their outside counsel (Ed de la Parte),
to take the appropriate action to intervene, if necessary, in the DOAH
proceeding initiated by Putnam County Environmental Council and/or file an
amicus brief, if need be, at the appropriate time.
Chairman Dallari stated Mr. de la Parte has
been involved with this issue for the past couple of years and it is important
that they support the County Attorney’s approach on this.
Commissioner Carey stated she met with
Kirby Green, former head of the SJRWMD, and he indicated that when he was at
SJRWMD, there were things done that allowed them to accomplish things with
surface water. She said she wants to
make sure that everyone is briefed so they can reach out to people to make sure
that Yankee Lake will be able to perform as a water alternate supply
system. She encouraged the County
Attorney to contact Mr. Green as well.
Mr. Applegate stated he and Andy Neff,
Environmental Services Director, will be meeting regularly with the appropriate
people.
Motion
by Commissioner Horan, seconded by Commissioner Henley to direct the County
Attorney’s office to request the outside counsel (Mr. de la Parte) to take
appropriate action to intervene, if necessary, in the DOAH proceeding initiated
by the Putnam County Environmental Council and/or file an amicus brief, if need
be, at the appropriate time.
Under discussion, Commissioner Horan stated
he feels it would be advantageous for the Board to talk to their lobbyist. He recommended that they talk to the area
legislators so in the event there is an adverse decision, the Legislature
grandfather in the entitlements of the Yankee Lake project.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Applegate stated he did not hear any
concerns from the Sheriff’s Association or any other counties regarding how the
Internet Cafe bill was drafted. He
stated the best course of action was to get this bill through, get the cafes
banned and closed down. He said he
wished there was a sentence in the bill saying how internet cafes are to be
banned. He added the Board should be
proud of what they have done as this County was the lead county in putting an
end to this.
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Chairman Dallari reminded the Board of a
Budget Guidance Work Session scheduled in Room 3024.
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Chairman
Dallari recessed the meeting at 10:20 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
Terri Porter, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Horan, 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
PROPOSED AMENDMENT TO
THE LAND
DEVELOPMENT CODE
Proof of
publication, as shown on page ______, calling for a public hearing to consider
adoption of the Ordinance enacting amendments to Chapters 20 and 30 of the Land
Development Code of Seminole County to clarify provisions related to
development orders and amendments to planned developments, received and filed.
Jeff
Hopper, Planning & Development, addressed the Board to present the request
as outlined in the agenda memorandum. He
stated that in November 2012, the Board adopted a new Planned Development (PD)
district that replaced the old districts known as Planned Unit Development
(PUD) and Planned Commercial Development (PCD).
New applications are designated as PDs and the proposed amendment would
apply that PD designation to all the pre-existing PUDs and PCDs throughout the
County and make those changes in the zoning map. The amendments would also resolve some
procedural issues related to the execution of Development Orders and amending
PD Development Plans as well as correcting some terminology referencing the
Comprehensive Plan and other sections of the Land Development Code. Staff recommends approval of the proposed
Planned Development Ordinance with the following revision: on page 5 of 10, delete paragraph (b)(2), which
are lines 101 through 103, referencing changes to building position or layout.
No one
spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to adopt Ordinance #2013-14, as shown on page _______,
enacting Amendments to Chapters 20 and 30 of the Land Development Code of
Seminole County to clarify provisions related to development orders and
amendments to planned developments, with the strike of lines 101 through 103,
referencing changes to building position or layout.
Districts
1, 2, 3, 4 and 5 voted AYE.
FIRE ALARM
CONTROL ORDINANCE
Proof of
publication, as shown on page ______, calling for a public hearing to consider
an Ordinance within the Seminole County Code regulating fire alarm systems,
received and filed.
Tad Stone, Public Safety Director,
addressed the Board to present for consideration minor changes to language to
Chapter 85, Part 1, of the existing Fire Prevention Code; and to request
approval of a proposed Fire Alarm Nuisance Ordinance, which would provide the
ability to correct some of the problems they have had in the past with the
number of false alarms including commercial, residential and chemical
alarms. The new Ordinance will also
provide for an appeal process to the Code Enforcement Board.
Commissioner Carey expressed her
concern regarding the requirement of the alarm operator, who would be the owner
of the building or some representative thereof, to be on site within 30 minutes
of getting the call. If the operator is
not there within that specified time, there is a penalty of $75. She suggested considering increasing the
time.
In addition, Commissioner Carey
stated a new requirement for new buildings, and one she believes would be
helpful to the Fire Department, would be to have a Knox-Box on the building,
which is a lockbox containing access keys that can be placed on the outside of
the building. She stated they could
consider some kind of benefit to the landowners that are willing to put those
on their buildings.
Discussion ensued regarding whether
the building owner or person responsible for the alarm operation (Keyholder)
must arrive on the premises within 30 minutes, fire engines being out of
service until responders arrive and can enter the building, examination of the
building after an alarm has been tripped without the presence of the Keyholder,
nuisance alarms, the Knox-Box, turning over the property to law enforcement
after inspection by responders, liability, the preference of responders to have
the property owner present so they can walk through the alarm system, and
building owners who are not physically located in the area and don’t have a
property manager.
Commissioner Horan suggested adding
a clause that, in the event of a false alarm, the Keyholder shall provide
access and inspection of their system within a time period that is reasonable
or a service fee would be charged.
Upon inquiry by Commissioner Dallari,
Mr. Stone stated that the Cities of Sanford and Lake Mary have fire alarm
ordinances in place but said he is unsure whether theirs include clauses in
connection with Keyholder responses within a certain time frame.
Commissioner Carey stated she concurs
with Commissioner Horan’s suggestion regarding the inspection within so many
days.
Discussion ensued regarding Section
85.16 Fire Alarm System Malfunctions and Penalties of the proposed Ordinance
and whether to strike Section 85.14(b) regarding the Keyholder traveling to the
premises and the $75 penalty.
Chairman Dallari mentioned that
another issue is that the Fire Department doesn’t know whether there are any
hazardous materials in a building.
Commissioner Horan stated the issue
seems to be that the responders want the Keyholder on the premises so they can
get into the building to do a full inspection and then turn it over to the
Keyholder, which is for a public-safety reason and not necessarily a
nuisance-alarm reason.
County Attorney Bryant Applegate
advised that any liability will be decided upon on a case-by-case basis. He reiterated Chairman Dallari’s statement
that one reason to have the Keyholder present is the Fire Department could be
notified if there are hazardous materials in a building.
Commissioner Carey reiterated her
suggestions to increase the time frame for the Keyholder to arrive on the
premises and to have a Knox-Box on the building.
Commissioner Horan said Section
85.15(c) states that the imposed fee may be waived or reduced by the Fire Chief
or their designee.
Commissioner Carey stated in regard
to Section 85.15(a), she suggests sending notice via certified mail to the
building owner in addition to regular mail or delivery to someone at the
facility to ensure the owner receives the notice.
Commissioner Constantine clarified
that he heard three potential amendments to the proposed Ordinance and
suggested sending the draft Ordinance back to staff to come back with
recommendations after considering the concerns of the Board expressed today.
Motion by
Commissioner Constantine, seconded by Commissioner Carey, to continue to April
23, 2013 at 1:30 p.m., or as soon thereafter as possible, consideration of an
Ordinance regulating fire alarm systems, as described in the proof of publication,
with staff to address the concerns expressed by the Board, including the
increase in response time for the Keyholder, Knox-Boxes on commercial
buildings, and adding certified mail for delivery of notices.
Under discussion, Commissioner
Horan suggested changing the language in Section 85.15(c) from “…the Fire Chief
or their designee.” to “…the Fire Chief or his/her designee.”
Districts 1, 2, 3, 4 and 5 voted
AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari advised that he was contacted by the City of Sanford informing him of
an open position they have on their CRA Board.
He stated the Board can appoint someone in the City or ask the City for
a recommendation. The consensus of the BCC is to request a nomination from the City
of Sanford to fill the open position on the CRA Board.
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Chairman
Dallari reminded the Board and stressed that when BCC members sit on different
outside boards, they are representing the Commission and not themselves or
their own personal feelings or agendas.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
with attachment dated March 25, 2013, from Kirby Green, AquaFiber Technologies
Corporation, to Chairman Dallari regarding additional requirements for
phosphorus and nitrogen reductions in Lake Jesup. (C: BCC, County Manager, Environmental
Services)
2.
Letter
dated March 25, 2013, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Bob Dallari regarding Programming changes to Bright House Networks
customers. (C: SGTV, County Manager,
Michael Champagne, Bright House Networks)
3.
Letter
dated March 26, 2013, from Larisa Perry, Wells Fargo Bank, to Commissioner Bob
Dallari regarding Wells Fargo’s partnering with organizations to help
low-to-moderate income families develop skills that increase income, build
savings, and gain and sustain assets.
4.
Letter
with attachment dated March 26, 2013, from Vic Vermillion, 3619 Finch Street,
Orlando to Chairman Dallari regarding adding of LYNX line to serve the
Sanford-Orlando Airport. (C: BCC, County
Manager, Economic & Community Development Services)
5.
Letter
with attachment dated March 26, 2013, from Sean Snaith, University of Central
Florida (UCF) to Commissioner Dallari regarding March 2013 U.S. Forecast for
Economic Competitiveness published by UCF.
6.
Copy of
letter dated March 27, 2013, from Ted Edwards, Orange County Commissioner, and
Chairman Dallari to Lake Pickett residents regarding update on Lake Pickett
Interlocal Agreement.
7.
Letter
dated March 27, 2013, from Eric Silagy, Florida Power and Light Company, to
Chairman Dallari regarding offering special economic development discounts to
encourage businesses to start-up, locate or expand in Florida. (C: BCC, County Manager, Economic &
Community Development Services)
8.
Letter
dated March 29, 2013, from Mayor Dominic Persampiere, City of Oviedo, to
Commissioner Dallari regarding appreciation from Oviedo City Council and
citizens of Oviedo for Board’s reallocating of funds from the CR 419 project to
the SR 426/CR 419 road-widening project in Oviedo. (C: BCC, County Manager, Engineering)
9.
Copy of
letter dated March 29, 2013, from Chairman Dallari to Joe Montisano, Keep
Seminole Beautiful, Inc., regarding an appointment to their Board of
Directors. (C: BCC, County Manager, County
Attorney)
10.
Letter
dated April 4, 2013, from Keith Glatz, Florida Association of Public
Procurement Officials, Inc., to Chairman Dallari regarding Award of Excellence
in Public Procurement for 2013 earned by Seminole County Purchasing &
Contracts Division. (C: BCC, County
Manager, Purchasing)
11.
Letter
received April 5, 2013, from Bill Walker, Bill’s Car Wash & Detailing
Centers, to County and City Commissioners regarding proposed Flyover U.S. 17/92
and SR 436 Alternative “At Grade” Improvement.
(C: BCC, County Manager, Engineering)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner Horan advised of the
resignation of Paul Sladek from the Planning & Zoning Commission.
Motion by Commissioner Horan, seconded
by Commissioner Carey, to appoint Richard Jerman to the Planning & Zoning
Commission, Resolution #2013-R-123, as shown on page _______, to replace Paul
Sladek who resigned; and adopt appropriate Resolution of Appreciation,
#2013-R-124, as shown on page _______, commending Paul Sladek for his service
on the Planning & Zoning Commission.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey reported that she and Commissioners Dallari and Constantine attended the
dedication of the Cattlemen's Historical Marker in the Geneva area on March
30.
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The Junior Rodeo, a Centennial
event, was also held on March 30, and Commissioner Carey said she had an
opportunity to talk about upcoming Centennial events, and the County had great
representation from several departments as well as from the author of the
Centennial book, Jim Robison.
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Commissioner Carey stated the
Golden Eagle Boy Scout dinner was held April 4 and their goal was to raise
$250,000. All the money raised stays in
Seminole County and is used for the youth.
She said the goal was exceeded by raising $273,410 and thanked all that
participated including Commissioner Horan who was a table host.
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Commissioner Carey stated she was
the honorary chairperson for the Teal Magnolia luncheon on April 6, which is
for the benefit of ovarian cancer. She
said the event was well attended by approximately 450 people.
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On April 11 from 6:00 p.m. to 8:00
p.m., Commissioner Carey stated that Florida Hospital in Altamonte Springs, as
part of the Centennial Celebration, will have an exhibit called “The Art of
Healing Gallery.”
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Commissioner Carey reported that
the Sixth Annual “Brews around the Zoo” is coming up on April 13 from 6:00 p.m.
to 10:00 p.m. in support of the Zoo.
There are many new exhibits, particularly the otters and Indian Rhino.
--------
Commissioner Carey stated the
“Taste of Lake Mary” is coming up sponsored by the Lake Mary Rotary. Tickets can still be purchased.
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Commissioner Carey reported on the
Centennial events including the Second Annual “Mike Barr Clean-Up Day” on
Saturday, April 13 with several locations around the County listed on the keepseminolebeautiful.org
website. In addition, the filling of the
time capsule will happen on Sunday, April 14 at 2:00 p.m. at the North Branch
Library. The County’s Birthday Bash is
on April 20 from 10:00 a.m. to 5:00 p.m. at Five Points. There is free parking and shuttle service
from Seminole State College. The final
event is the cruise on April 25. Tickets
are available for that on the Centennial website.
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Chairman
Dallari advised he attended the Teal Magnolia luncheon this past Saturday about
ovarian cancer awareness.
COUNTY
MANAGER AND STAFF BRIEFINGS
No report.
COUNTY
ATTORNEY’S REPORT
No report.
ITEMS FOR
FUTURE AGENDA
Erin
Hellkamp, Public Policy Director for the Central Florida Hotel & Lodging
Association (CFHLA), addressed the Board to state that given the recent
resignation of the Executive Director of the Seminole County Convention and
Visitors’ Bureau, CFHLA requests the Board’s consideration of developing a
community and industry search committee to conduct a search for the new
Executive Director. Regarding the new
vacancy on the Tourism Development Council (TDC), CFHLA encourages the consideration
of Bruce Skwarlo with the Orlando Marriott, Lake Mary to serve on the
Council. Mr. Skwarlo has previously
served in the position.
Chairman
Dallari informed Ms. Hellkamp that he had spoken with the County Manager in
regard to these issues. He said the
County Manager plans to address this directly with the TDC and that there are
hoteliers on the TDC. In order to be
fair and open it up to everyone, he said he’d like to see if there are any
other applicants. Commissioner Carey
said she believes the TDC, having the cross pollination of representation with
hoteliers and others from the industry, would be a good group to help in the
search process. She stated that before
they start the search, they should analyze what it is they need to have there
as far as personnel, i.e. one person, two salespeople, etc.
Commissioner
Horan stated he had a lengthy conversation with Mr. Skwarlo about the same
issues. He said this issue will be
addressed by the TDC at the upcoming Thursday meeting and they will discuss the
core competencies of the kind of person they are looking for. He also said to keep in mind that this is a
Division Manager position who will be working as part of Mr. Hartmann’s staff,
and it is likely they will receive input from not only the TDC, but from the
hoteliers themselves. He explained that
he is the person who has the responsibility of the appointment to replace Ms.
Padilla, who he understands did a wonderful job. He said he plans to wait for all of the input
to come in from all of the various voices out there after the TDC meeting and
will make a selection at that particular time.
Speaker
Request Form was received and filed.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:16 p.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
er/tp