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.
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.
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.
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.
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.
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.
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:
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.
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
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.
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.
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.
Chairman Dallari reminded the Board of a Budget Guidance Work Session scheduled in Room 3024.
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.
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 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.
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.
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.
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.
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.
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.
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.”
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.
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.
Chairman Dallari advised he attended the Teal Magnolia luncheon this past Saturday about ovarian cancer awareness.
COUNTY MANAGER AND STAFF BRIEFINGS
COUNTY ATTORNEY’S 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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:16 p.m., this same date.