BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
MAY
24, 2011
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, May 24, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES
BUILDING at SANFORD, FLORIDA, the usual place of meeting of
said Board.
Present:
Chairman Brenda Carey (District
5)
Vice Chairman Carlton Henley
(District 4)
Commissioner Bob Dallari
(District 1)
Commissioner John Horan (District
2)
Commissioner Dick Van Der Weide
(District 3)
Maryanne Morse, Clerk of
Circuit Court
Acting County Manager Joe Forte
Assistant County Attorney Ann
Colby
Deputy Clerk Carylon Cohen
Pastor
Paul Hoyer, Holy Cross Lutheran Church, Lake Mary, gave the Invocation.
Commissioner
Horan led the Pledge of Allegiance.
Chairman
Carey recognized Ann Colby, Assistant County Attorney, attending the meeting
today. She stated, as the Commissioners
know, County Attorney Robert McMillan will be retiring at the end of June so
this is beginning the transition of having a new County Attorney.
AWARDS AND
PRESENTATIONS
Commissioner
Dallari stated he has been on the Board for Kids House now for a couple of
years and it has truly been a pleasure working with Nancy Crawford and her
staff. He said the mission they do for
all of Central Florida is amazing and the work Ms. Crawford does is
phenomenal.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution
#2011-R-94, as shown on page _______, recognizing Nancy D.
Crawford, Founder and Executive Director of Kids House of Seminole and
recipient of Leadership Seminole's Leadership Legend Award for 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Ms.
Crawford, who expressed she cannot thank the Board enough for this honor and
recognition. She said doing anything in
Seminole County make it easier.
Everything they have had in building Kids House and everything they have
been able to do for the children in Seminole County is because of the
cooperative spirit of the community, and it means a great deal to her to be the
recipient of this recognition because she believes she is receiving it for the
whole community.
Chairman Carey expressed her thanks to Ms.
Crawford for all the things she has done for the kids in Seminole County.
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Lynn Whitcomb addressed the Board to introduce
Michael Bryant, Co-Chairman, who will give a presentation on the Children's
Cabinet of Seminole County.
Michael Bryant, Co-Chairman of the
Children’s Cabinet and Chief Operating Officer of the CBC of Central Florida,
addressed the Board to state every year they get the opportunity to tell the
Board and the community what the Children’s Cabinet has done. Mr. Bryant gave a PowerPoint presentation (copy
received and filed) covering the following topics: Vision; Guiding Principles; Members; What
have we done?; Current Priorities; Families and Communities Together
(F.A.C.T.S.) Background; Roles; Goals; How will we do this?; How is the
initiative funded?; What can we do with the funding?; What can’t we do with the
funding?; By the end of the grant in 2016; Contacts for more information; and
How you can help?.
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Donna Brosemer, CBC of Seminole, 117 E.
Lake Mary Boulevard, addressed the Board to state her purpose at the meeting is
to put a name with the face. She said
because of their reorganization and now taking on responsibilities for Orange
County and Osceola County, the Commissioners will probably see a little less of
Joe Derso and a little more of her. She
said, hopefully in the near future, she will come do a presentation for CBC of
Central Florida similar to the presentation done this morning.
Speaker Request Form for Ms. Brosemer was
received and filed.
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Chairman Carey recessed
the Board of County Commissioners meeting at this time to convene as the U.S.
Highway 17-92 Community Redevelopment Agency.
CRA
MASTER PLAN UPDATE
John Metsopoulos, Program Manager for the U.S. 17-92 CRA, addressed the
Board to introduce David Perry who will give an update on the CRA
Master Plan outlining where they have been, where they are, and where they are
going.
David Perry, Director of Urban Design and Landscape Architecture
for VHB/Miller-Sellen, addressed the Board and introduced Jim Sellen, Principal
in charge of the project, Billy Hattaway, Director of Transportation for
VHB/Miller-Sellen, and Curtis Ostrodka, one of the Senior Planners working on
the project. Mr. Perry stated he will
give an overview of the work that’s been completed, an overview of the project
objectives they have been working through, and an outline of the next steps to
finalize the project. He gave a
PowerPoint presentation (copy received and filed) covering the following
topics: Overview; Project Objectives;
Status of Work Completed, Phases One, Two and Three; Phase One: Context Report – Project Area, and Field and
Photo Inventory; Phase One: Property
Ownership Analysis; Phase One:
Stakeholder Interviews; Phase One:
Transportation Analysis; Phase One:
Identify Catalyst Sites; Catalyst Site Evaluation Criteria; Historic
Sanford Site (Site 1); Walmart Sanford Site (Site 2); Five Points Site (Site 3);
Fern Park/Casselberry Site (Site 4); Catalyst Site Recommendations; Catalyst
Site Selection; Status of Work Completed, Phase Two; Typical Streetscape Case
Study Research; Fruitville Road (Sarasota); Existing Conditions; PGA Boulevard: Existing Conditions; SR-80 West Palm
Beach: Existing Conditions; Typical
Urban Section; Preferred Typical Urban Section:
Selected by TAC; Typical Suburban Section; Preferred Typical Suburban
Section: Selected by TAC; Status of Work Completed: Phase Three; Corridor Revitalization Plan and
Program; and Project Schedule and Next Steps.
Commissioner Dallari said he expected a lot
of this to be done in 2010, and he asked if the consultants are about a year
behind. Mr. Perry said they are behind
from the original schedule. Whereupon,
Commissioner Dallari asked if there was a way to catch up. He said in a downturned economy, there is
always opportunity and he wants to make sure they are not missing any
opportunities. The longer they wait, the
more opportunities they waste.
Mr. Perry said they are planning on having
a final draft report done by June 10.
They did have some delays and some of that was the need to go back in
and resource information that was given to them and that caused a delay. He said the earliest they can process the
finalization of this report will be mid-June.
Commissioner Dallari asked if Mr. Perry was
just putting the properties into the GIS format or were they looking at
economic development as a GIS tool. Mr.
Perry explained what they did and said they did not go in and individually
identify and make recommendations on individual properties along the 13 1/2
miles along the corridor. They analyzed
four particular sites for redevelopment.
He further explained they have identified, from a GIS standpoint, properties
based on size, land use and current vacancies.
While discussing using the GIS with the actual
utilities, future land use, etc., Commissioner Dallari asked if Mr. Perry was
including fiber optics. He said there
should be a bunch of fiber in that road.
He stated when people are looking at properties, they want to know
what’s available and if the consultants are not putting in utilities, they are
missing the mark. Mr. Perry said some of
the utility information that has been provided to them has been GIS map and
some was not. They have been told by the
utility agencies that they are in the process of updating their maps to
transfer them to a GIS base, but that has not been accomplished. Mr. Perry advised Commissioner Dallari that
doing the GIS utility mapping was not included as part of the original scope of
work. That was something they tried to
include, but it is based on the information they can obtain from the utility
agencies.
Upon further inquiry by Commissioner Dallari, Mr.
Perry said they have recommendations with respect to if and how Longwood should
be included into the master plan. With
regard to connecting the Sanford catalyst site to the Riverwalk expansion area,
he also said they are looking at the trail that bisects the Sanford catalyst
site and they are making recommendations to fund the continuation of the
trail. Additionally, they have
recommendations with respect to developing a master stormwater plan for the
corridor. He said that is another study
that needs to be accomplished, which is much larger than what they can provide
as part of this project. They have also
included recommendations such as redevelopment incentives, shared parking, and
reduction in parking standards in their report.
He further advised Commissioner Dallari that regarding the Oxford Road
site, one of their recommendations will be that there needs to be additional
study to include more of the area outside the CRA.
Commissioner Horan stated he is having a little
problem understanding why it is difficult to map the fiber optics. Mr. Perry said utilities, in general, have
not been fully mapped in a GIS format.
Some of it is and some is not. He
said what has been provided to them is spotty at best. Commissioner Dallari said what is needed is
as-built drawings, instead of the as-designed drawings. Chairman Carey stated she is a little
perplexed herself as to why it is so hard to get that information. She said maybe all of the partners were not
at the table and that may be part of the problem in getting the
information. She stated maybe that’s
part of a later study where someone is actually drilling to find the utilities,
and maybe that is something the County staff can put together. Mr. Perry stated to the extent they can
gather the information and provide it in a GIS format, they will do so.
Commissioner Horan confirmed with Mr. Perry the
details of what will be included in the September 1 report. Mr. Perry said they are 80% complete
now. The work that has been completed to
date and signed off by the CRA is the Context Report.
Upon inquiry by Commissioner Van Der Weide, Mr.
Perry said the County staff they are working with is Mr. Metsopoulos and
recently with Nicole Guillet, Planning Director. They have presented all their work and all
their design alternatives and representations of any designs to the Technical
Advisory Committee, which is made up of members from each jurisdiction; so they
have sought guidance throughout this entire process.
Acting County Manager Joe Forte advised Chairman Carey
that no one from the Engineering Department was on the Technical Advisory
Committee.
Commissioner Dallari advised Ms. Guillet of the
three concerns he has: (1) For the
timeline to make sure they don’t miss the September 1 deadline and the County
is getting what they believe they should be getting; and that includes a real
list of priorities as well as recommendations per the contract. (2) Concern that County staff is giving
VHB/Miller-Sellen the right information and tools at their disposal. This includes Public Works, Engineering, and
the BCC. He thinks the Growth Management
Department, under the leadership of Ms. Guillet, should be instructing everyone
to do that and orchestrating who VHB/Miller-Sellen is working with. (3) He said he would like to see more
information on how to go about expanding what VHB/Miller-Sellen will be
recommending on the Oxford Road catalyst.
He doesn’t want to start September 1 with they need to be doing another
study. He said things should be done
more simultaneously rather than just sitting back. He expressed he wants to make sure Ms.
Guillet is going to take ownership of this project and move this forward to
make sure all the Board’s concerns are addressed.
Nicole Guillet, Growth Management Director,
addressed the Board to comment that she shares the Board’s concerns about there
not being recommendations and a budget plan, and she has talked with the
consultants about that. She thinks
that’s something that’s still in the works and will come back to the
Board. She had hoped to have that at
this point, but this has been a big project; and she has taken a lot of time to
get caught up on it. She advised
Commissioner Carey that Public Works did get involved to a certain extent. The transportation folks did meet with Mr.
McCollum and some of his staff, but she can involve them more.
Chairman Carey explained that the idea is to brand
17-92, and you’ve got to make it look consistent. She said with all the work that has happened
within the last 15 years, there is no consistency in design, even in what the
County has been doing. In trying to come
up with a plan that everybody is buying into so they can brand this, they have
to have all the parties together talking about it. If something needs to be moved up as a
priority in order to get the 17-92 project moving forward, the Board needs to
know that so they can prioritize and make sure the capital improvement programs
are the right priority for the bigger picture and not just one project at a
time.
Ms. Guillet said if there are things beyond the
scope, for instance expanding the Fern Park study area, the Board needs to tell
staff that and they will need to talk about that. Chairman Carey said Oxford Road is outside
the CRA, so for the purposes of this discussion and the CRA, the Board will
stick to the corridor.
Chairman Carey said she noticed when she looked at
the drawings that you can’t really see any parking and she knows that’s a
planner’s dream, but in reality in the retail world that doesn’t really work
very well. She asked what national
retailers the consultants talked to with regard to these types of issues on
parking. She said what the planners want
to see and what is reality are two different things sometimes. To get a national retailer who would want to
come and invest their money in Seminole County, they have to make sure that
what they are forcing them into from design standards is actually something
that works in their business.
Mr. Perry said he agrees that the design condition
with respect to pulling all the buildings to the road is not going to occur
throughout the entire length of the corridor.
They think it may be appropriate in certain areas of the corridor. If the Board’s direction is to maintain
parking along all the frontage of the right-of-ways, they are happy to do
that. But they need to provide
flexibility in the language that allows for that to occur throughout the
corridor. He stated their recommendation
with respect to pulling the buildings closer to the street is probably much
more appropriate within the urban cross-section areas of the County; and as
they start to look at urban node areas, it may be appropriate within those
areas also. He said they had not been
engaged with any national retailers. He
explained they were not asked as part of this initial scope of work to engage
ICSC. He further advised that the public
questionnaire was not sent to all the property owners along the corridor. They passed out the questionnaires and the
meetings were publicly noticed, and their web site updates were provided
throughout the entire course of this work.
Chairman Carey said one of the things the Board
specifically asked for was that every owner along the corridor be noticed if
their property was going to be looked at.
She said she was disappointed that that did not happen. Mr. Perry apologized and said he was not
aware of that. He further advised that they
did not, as part of the Context Report and identification of sites, speak
directly to the property owners of those sites because, at that point in time,
it was probably not appropriate since they had not presented anything to the
BCC to get any further recommendation to present to the owners. Whereupon, Chairman Carey said, to her, the
plan can never work if they don’t engage the people who own the land; because
if they are not buying or investing into this, it’s never going to happen. She said before she votes on anything, she
will contact the property owners herself and if they are not supportive of it,
and the consultants have not contacted the owners, she will not support the
plan.
Commissioner Horan asked for clarification on the
status of the work that has been completed so far. Mr. Perry explained the Context Report and
advised that it is a detailed analysis of the corridor itself with
identification and recommendation only for catalyst sites. They feel that presentation of the catalyst
sites and communication with the property owners of those sites is something
that needs to be coordinated with and done by the CRA as an outreach to those
property owners. If the Board would like
them to engage the property owners as part of this process, they wanted to be
able to present these sites to the Board before any of that engagement occurred;
because the Board may say they don’t agree with their recommendations of the
four sites and may only want a certain site studied. Discussion ensued regarding the catalyst
sites.
Commissioner Horan stated he would like to see the
goals, objectives and policies set by the Board and he did not see those in
this document. It seems to him that
having the recommended Comprehensive Plan and LDC amendments, incentive
strategies and alternative funding sources and grants would tell the Board,
from a policy point of view, whether the consultants are going down the wrong
way. He said he would like to look at those
things as soon as the consultants have that information available.
Chairman Carey said she doesn’t think it’s the
Board’s job to study the sites for the property owners; but it is their job to
develop the guidelines, determine what the infrastructure needs are that they
as government would provide and look at incentives that would encourage someone
to want to come and redevelop these sites.
She said the sites that the Board already picked are not on the
consultants’ list.
Upon inquiry by Commissioner Henley, Mr. Perry said
they did review the work done by the East Central Florida Planning Council
(ECFRPC) on this corridor, and a fair amount of that was incorporated into
their work. Regarding the delay of this
project, Mr. Perry noted that the ECFRPC’s work was to take only two months and
it actually took over six months. They
were waiting on that work to be able to use a large amount of it in their
report. When they started going through
the Council’s work, they found inconsistencies with the GIS information and
they had to physically go out and ground-proof it. That took extra time.
Commissioner Dallari said he’s looking for the type
of plan that Salt Lake City has. He’s
not looking for a plan that says now they need to do another study. If they need to do something simultaneously,
he is okay with that. As things get done
where the firm feels they need input from the Board, Ms. Guillet’s staff should
be telling the Board they need to have an update and have the consultants come
before the Board. He said, somehow,
something is not working; and he is looking forward to Ms. Guillet to fix
it. He added that if Oxford Road needs
to be expanded, they need to be talking about that and should have been talking
about that last year and not this coming September. If there is something another city is working
on, that should already have been brought up to the Board. He advised Ms. Guillet that he is looking for
a true plan, putting in the policies, vision and incentives, and reaching out
to the citizens as Chairman Carey talked about.
During additional discussion, Mr. Perry stated in
the process of doing the marketing analysis for the catalyst sites, RERC
contacted the property owners in those areas to understand vacancy, lease rates
and such, so there was outreach to them; but there has not been any further
outreach with respect to any redevelopment strategies or recommendations with
respect to individual parcels. He
believes they did talk to the State Agricultural Department as well.
Chairman Carey concluded that she doesn’t want a
planner’s dream but something real that they can move forward.
Chairman Carey adjourned the U.S. Hwy 17-92 Community Redevelopment Agency meeting at this time and
reconvened the meeting of the Board of County Commissioners.
County Manager’s Consent Agenda
ACM Joe
Forte addressed the Board to state Item #7, Approve and authorize the Chairman
to execute the Subrecipient Agreements with Heart to Heart: A Community Care Home, Inc. and Community
Based Care of Seminole, Inc., is being pulled from the agenda for revision by the
County Attorney’s Office. He said the
Board was handed Item #7A (received and filed), which is a grant request, and that
he actually has two grant requests which he will hand out. If the Board could take a look at those over
the break, he will bring them back this afternoon under the County Manager’s
Report for discussion. He said a new
packet with revisions (received and filed) for Item #24, Informational Budget
Amendment Status Report FY 2010/11 for the period ending April 30, 2011, has
been provided to the Board today. He
discussed Item #8, Approve and authorize the Chairman to execute a Resolution
implementing Budget Amendment Request (BAR) in the amount of $150,000 for
replacement of a water line under the Smith Canal on the Orange Boulevard construction
site. Mr. Forte said the water line is
damaged and in need of replacement. Due
to the re-routing of that water line, it is important to get the BAR approved
so the Department can go forward with the design and repair/replacement of this
water line. He stated he will have a
meeting set up tomorrow with staff members and representatives from the County
Attorney’s Office to go over the details of the contract to determine if a
claim is in order. He will report back
to the Board on the findings after the meeting tomorrow.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to
approve and authorize the following:
Central Services
Business Office
4. Approve and authorize the Chairman to execute the allocation, as
shown on page _______, of the County’s 179D deduction allowable for energy
efficient property placed in service during the expansion and renovation of the
John E. Polk Correctional Facility, to HKS, Inc., the architect for the
project.
Community
Services
Community Assistance
Division
5. Approve and authorize the Chairman to
execute the Satisfactions of Mortgage, as shown on page _______, for the
following households assisted under the County's Home Ownership Assistance
Program or the Emergency Repair Housing Program: Debra Sue Aponte and Alejandro Sanchez; Salwa
M. Bouali (2); Laura Briana C. Denard; Michele C. Farfan; Dania Fleites; Edward
L. and Ramona A. Hampton; Donald and Carol A. Hutchinson; Arcadio and Rosalina
Lopez; Flora Belle Lynch; Ronald J. Mathis and Tanya Mathis a/k/a Tanya Pamplin
Mathis; Enid Z. Rivera; Arthur Sams and Mattie Lundy; Deborah A. Troutman;
Frances Williams; and Sandra Fernandez.
6. Approve and authorize the Chairman to execute the Assumption of
Mortgage Agreement, as shown on page _______, with Marlene Bell for the SHIP Affordable
Housing mortgages encumbering the real property located at 1502 West 16th
Street, Sanford, Florida 32771.
7. Pulled from the agenda the request to approve and
authorize the Chairman to execute the Subrecipient Agreements with Heart to
Heart: A Community Care Home Inc., and
Community Based Care of Seminole, Inc. to accept homes funded by the County for
use as transitional housing.
Fiscal Services
Budget Division
8. Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-98, as shown on page _______, implementing Budget Amendment
Request (BAR) #11-64 through the Water & Sewer Operating Fund in the amount
of $150,000 in order to establish the funding of the Orange Boulevard Bridge
Water Main Replacement project.
9. Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-99, as shown on page _______, implementing Budget Amendment
Request (BAR) #11-65 through the Water & Sewer Operating Fund in the amount
of $140,000 in order to establish the funding of the Wetlands Monitoring Site
Installations for Consumptive Use Permit #8213 project.
Leisure Services
Library Services
Division
10. Approve and
authorize the Chairman to execute the Entertainment Service Agreements, as
shown on page _______, with the following various contractors to provide
children's programs at the branch libraries as part of the Summer Reading
Program: Darren Liebman; Katie Adams;
Tim Scarborough; Richard (Rick) Samlin; and Banks Helfrich.
Parks &
Recreation Division
11. Approve and
authorize the Chairman to sign the Exhibit Agreement, "Pirates: The Last Scourge of the Gulf," as shown
on page _______, with the city of Fort Walton Beach, Florida, Heritage Park and
Cultural Center.
12. Approve and authorize the
Chairman to execute the Facility Use Agreement, as shown on page _______, with
Ace Tennis Events.
Public Safety
Business Office
13. Approve and
authorize the Chairman to execute appropriate Resolution #2011-R-100, as shown
on page _______, renaming Sussex Drive to Sussex Road.
Districts 1, 2, 3, 4 and 5 voted AYE.
County Attorney’s Agenda
Motion by Commissioner Dallari, seconded by Commissioner
Horan, to approve and authorize the following:
14. Authorize the issuance of Offers
of Judgment for Parcel No. 121 on the road improvement project for Chapman
Road. Nutmeg Farms, Inc. owns the property
and Brookmore Farms, Inc. operates a business on the site and has claimed
business damages. The sole officer of
both the property owner and the business owner is Margaret B. Stevens a/k/a
Peggy Stevens. Authority is requested to
offer Nutmeg Farms, Inc. up to $170,000.00 to include compensation for land,
severance damages, costs to cure, and any other damages and to offer Brookmore
Farms up to $28,000.00 for business damages and other damages. The Offers will be exclusive of statutory
interest, attorney's fees, and cost reimbursements.
Districts 1, 2, 3, 4 and 5
voted AYE.
Constitutional Officers’ Consent Agenda
Motion
by Commissioner Henley, seconded by Commissioner Dallari, to approve and
authorize the following:
Clerk's Office
15. Approval of
Expenditure Approval Lists, as shown on page _______, dated April 25 and May 2,
2011; approval of Payroll Approval List, as shown on page _______, dated April
28, 2011; and approval of BCC Official Minutes dated April 26, 2011.
Sheriff’s Office
16. Approval to
expend $1,500 from the Law Enforcement Trust Fund to provide for a contribution
to various crime prevention and education programs operated by the Seminole
County NAACP branch.
17. Approval to expend $3,000 from
the Law Enforcement Trust Fund to provide for a contribution to Seminole YouthBuild,
Inc.
18. Approval for the Chairman to execute
the submittal and acceptance documents, as shown on page _______, pertaining to
the grant request/award. Approval of appropriate
Resolution #2011-R-101, as shown on page _______, BAR #11-62 recognizing
$137,476 in additional FY 2010/11 FDLE-ARRC-Justice Assistance Grant (JAG) revenues
and increasing the Sheriff’s Office FY 2010/11 operating budget by an
equivalent amount.
Districts 1, 2,
3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk's
"received and filed":
1. Work Order #63, as shown on page _______, to RFP-4277-09.
2. Work Orders #59 & #61, as shown on page _______, to CC-1284-06.
3. Amendment #1 to Work Order #3, as shown on page _______, to
PS-4736-09.
4. Recorded Binding Utility Easement, as shown on page _______, for
Emily Williams relating to Florida Dept. of Health onsite sewage treatment and
disposal rule.
5. Work Order #83, as shown on page _______, to CC-1741-07.
6. Amendment #2 to Work Order #8, as shown on page _______, to
RFP-3261-08.
7. Amendment #2 to Work Order #25, as shown on page _______, to
PS-5174-04.
8. Amendment #1 to Work Order #11, as shown on page _______, to
PS-4388-09.
9. Amendment #1 to Work Order #22, as shown on page _______, to
PS-4388-09.
10. Change Order #2 to
Work Order #28, as shown on page _______, to CC-2184-07.
11. Closeout, as shown on
page _______, for Work Order #25 to CC-2184-07.
12. Work Orders #84, #85
& #86, as shown on page _______, to CC-1741-07.
13. Work Order #43, as
shown on page _______, to PS-1501-06.
14. IFB-601108-11
Contract, as shown on page _______, with Compuquip Technologies, Inc.
15. First Amendment, as
shown on page _______, to IFB-600736-09.
16. Amendment #4, as shown
on page _______, to Work Order #75 to PS-1074-06.
17. Letter from Office of
the State Attorney, Norman Wolfinger, requesting certified copies of Ordinances
with regard to Case #11-01069-CFA, State of Florida vs. Alvin Roy Langley.
18. Development Order
#10-2000002, as shown on page _______, for Mastrapa PUD Rezone as approved by
the BCC on December 14, 2010.
19. Closeout, as shown on
page _______, for Work Order #24 to CC-2184-07.
20. Change Order #2, as
shown on page _______, to Work Order #27 to CC-2184-07.
21. Change Order #2, as
shown on page _______, to Work Order #29 to CC-2184-07.
22. Supervisor of
Elections Budget Proposal, as shown on page _______, for FY 2011/12 &
2012/13.
23. Amended & Restated
Development Order #11-20500003, as shown on page _______, for Lake Jessup Woods
Estates PUD.
24. Development Order #10-06000039,
as shown on page _______, Wal-mart Stores East, LP, for approval of site plan.
25. Closeout, as shown on
page _______, for CC-5432-10.
26. Change Order #1, as
shown on page _______, to CC-5365-10.
27. Change Orders #1 &
#2, as shown on page _______, to CC-6200-10.
28. Supplemental
Agreements #2, as shown on page _______, to the Local Agency Program Agreements
with the State of Florida Department of Transportation in conjunction with
Longwood-Lake Mary Road, Orange Blvd. Bridge, and Lake Mary Blvd., verifying
the employment eligibility of State contracts.
29. Work Order #1, as shown on page _______, to
RFP-6174-10.
30. First Amendment, as shown on page _______, to
IFB-600855-10.
31. Fifth Amendment, as shown on page _______, to
IFB-600325-08.
32. U.S. 17-92 Community Redevelopment Agency
Annual Report, as shown on page _______, for FY 2009-2010.
33. Bids as follows: RFP-601115-11; RFP-601118-11; RFI-601117-11;
IFB-601112-11; IFB-601114-11; and CD’s for CC-6365-11, CC-6460-11, 6482-11, and
RFP-5706-10.
REGULAR AGENDA
Joy Williams, Planner, addressed the Board to
present request for reduction of the Code Enforcement Board lien from $74,250
to $0 for Case #09-61-CEB on the property located at 1041 Princess Gate Blvd.,
Winter Park, Ahmed A. & Naila Harara (previous owners), Federal National
Mortgage Association (current owner); (George Philbeck, Keller Williams
Advantage II Realty). She reviewed the
history of the property and stated staff recommends the Board deny the request
for a lien reduction. She also requested
that the staff report be made a part of the Record.
Upon inquiry by District Commissioner Dallari, Ms.
Williams said this item was before the Board on February 22, 2011, and staff
has no new information since then.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to deny the request
for reduction of the Code Enforcement Board lien from $74,250 to $0 for Case #09-61-CEB
on the property located at 1041 Princess Gate Blvd., Winter Park, Ahmed A.
& Naila Harara (previous owners), Federal National Mortgage Association (current
owner); (George Philbeck, Keller Williams Advantage II Realty); as he sees no
additional information; and authorize the Chairman to execute the Release of
Lien, as shown on page _______, upon payment in full.
Districts 1, 2, 3, 4 and 5
voted AYE.
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Ms. Williams presented the request for a reduction
to the Code Enforcement Board lien from $30,200 to $0 for Case #10-132-CEB on
the property located at 404 E. Highland Street, Altamonte Springs; 404 E.
Highland Street Trust/HP Investment Group Inc., Trustee (current owner), Robbie
Turcotte. She reviewed the history of
the property and stated staff recommends denial of the lien reduction. She also requested that the staff report be
made a part of the Record.
District
Commissioner Henley reviewed the timeline of events and said he is familiar
with this property and has visited the site.
He verified that the condition of the property was as staff stated.
Motion
by Commissioner Henley, seconded by Commissioner Dallari, to deny reduction of the
Code Enforcement Board lien from $30,200 to $0 for Case #10-132-CEB on the property
located at 404 E. Highland Street, Altamonte Springs; 404 E. Highland Street
Trust/HP Investment Group Inc., Trustee (current owner), Robbie Turcotte; and
authorize the Chairman to execute the Satisfaction of Lien upon payment in
full.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to schedule and
advertise a Public Hearing on June 28, 2011 at
1:30 p.m. to consider an Ordinance amending Chapter 40, Part 12, of the
Seminole County Code pertaining to Affordable Housing Assistance presented for
consideration by the Board.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to authorize scheduling and advertising a Public Hearing
on June 28, 2011 at 1:30 p.m. to consider an Ordinance amending
Chapter 40, Part 12, of the Seminole County Code pertaining to Affordable Housing
Assistance.
Districts 1, 2, 3, 4 and 5 voted AYE.
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A Resolution accepting the changes to Subsection
20.40, Seminole County Administrative Code, for solid waste fees was presented.
Commissioner Henley stated when he met with staff
for a briefing on this item, it struck him that they might be increasing the
cost to some of the citizens with part of this Code and he would be hesitant to
do that. He said Andy Neff and Johnny
Edwards indicated that the changes could possibly do that, although that was
not the intent of what they were trying to do.
Commissioner Dallari said he expressed the same
concerns as Commissioner Henley. He said
he has no problem with the scale issue, but he has reservations on the rest of
the changes and he would like to have more data to make sure they are not
adding more cost to the citizens, especially in this downturned economy.
Chairman Carey said she thinks that was the concern
of everyone. She asked if the Board
wishes to continue this item to the next meeting to give staff the opportunity
to go back and make sure they are not increasing costs. Commissioner Henley said if the staff can
refine it so they know they are not reaping a benefit, he would recommend
continuing the item unless staff is saying something is critical in the
resolution.
Motion
by Commissioner Henley, seconded by Commissioner Van Der Weide, to continue to
the next meeting (June 14, 2011) the request for adoption of a Resolution accepting
the changes to Subsection 20.40, Seminole County Administrative Code, for solid
waste fees to allow staff the opportunity to refine the fees.
Under discussion, Commissioner Horan asked if staff
checked what DOT (Department of Transportation) and others are charging.
Johnny Edwards, Solid Waste Division, addressed the
Board to describe DOT’s charges.
Chairman Carey said the concern staff has heard is
that they don’t want the citizens to be impacted. She doesn’t have a problem with the $5 charge
to make sure they are in line when they go across the DOT scale.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Final Master Plan and
Developer’s Commitment Agreement for the SR 426 Planned Unit Development (PUD)
consisting of .97 acres located northeast of the intersection of SR 426 and Red
Bug Road, Rashid H. Jamalabad, presented.
Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve the
Final Master Plan and Developer’s
Commitment Agreement, as shown on page _______, for the SR 426 Planned
Unit Development (PUD) consisting of .97 acres located northeast of the
intersection of SR 426 and Red Bug Road, Rashid H. Jamalabad, and
authorize the Chairman to execute the documents.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
The Board noted the revised
Informational Budget Amendment Status Report FY 2010/11 for
the period ending April 30, 2011.
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Chairman Carey advised
that the presentation on impact fees collected and the
status of the request for information on extending the deadline on permits is
being moved to the afternoon meeting
at the request of one of the Commissioners.
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Chairman Carey reminded
the Board of the Executive Session to be held at 11:15 a.m. in Conference Room
3024 to discuss the Firefighters’ Union matters.
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Chairman Carey recessed the meeting at
11:06 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 Carylon Cohen who was replaced by Deputy Clerk Jane Spencer,
who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, 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
STOCKBRIDGE
PUD MAJOR AMENDMENT/Tuan Huynh
Proof of publication, as shown on
page ________, calling for a public hearing to consider a request for a Major
Amendment to the Stockbridge PUD for Tract 7 and a portion of Tract 5; the
revised Final Master Plan; and Addendum #6 to the Stockbridge PUD Developer’s
Commitment Agreement, on 1.54 acres, located at the intersection of N. Line
Drive and Sand Lake Road, Tuan Huynh, received and filed.
Joy Williams, Planning and
Development Division, addressed the Board to present a request for a Major
Amendment to allow for two access points on Tract 7 and a portion of Tract
5. She stated that the original PUD
Final Master Plan imposed a limit of one access point on the subject site,
located along Sand Lake Road. Due to the
proposed building addition, Public Safety has determined that two access points
will be necessary in order to accommodate emergency response. The applicant is also proposing to maintain
the existing 15-foot landscape buffer along the east property line in lieu of
the required 25-foot buffer.
Ms. Williams stated that staff
finds that the two access points are appropriate for the site and that the
existing 15-foot landscape buffer will continue to provide adequate screening
for the adjacent properties to the east.
The Planning and Zoning Commission (P&Z) unanimously recommended
approval of the request and staff recommends approval of the request. Ms. Williams requested that the staff report
be made a part of the Record.
Tuan Huynh, Regional Consultant Engineers,
addressed the Board to state that he represents the owner, Congregation Beth
Am. He stated that he agrees with
staff’s recommendation and is here to answer any questions.
No one spoke in support or in
opposition.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Horan, to approve the request
for a Major Amendment to the Stockbridge PUD for Tract 7 and a portion of Tract
5; the revised Final Master Plan; and Addendum #6, as shown on page _______, to
the Stockbridge PUD Developer’s Commitment Agreement, on 1.54 acres, located at
the intersection of N. Line Drive and Sand Lake Road, as described in the proof
of publication, Tuan Huynh.
Districts 1, 2, 3, 4 and 5 voted
AYE.
GARDEN
GROVE APARTMENTS REZONE/Robert Sterling
Proof of
publication, as shown on page ________, calling for a public hearing to
consider a request and enact an Ordinance for a rezone from C-2 (Retail
Commercial) to PUD (Planned Unit Development); and approve the associated
Preliminary Master Plan and Development Order; on 6.73 acres, located on the
west side of HWY 17-92, approximately 1 mile south of S.R. 436, Robert Sterling,
received and filed.
Joy
Williams, Planner, presented the request for rezoning from C-2 (Retail
Commercial) to PUD (Planned Unit Development).
Ms. Williams stated that the applicant is proposing a mixed use
multi-family/commercial development consisting of two lots that will
accommodate for C-1 Retail Commercial Uses and obtainable housing units for
seniors. Staff finds that the request is
consistent with the Comprehensive Plan and compatible with the trend of
development.
Ms.
Williams stated that the P&Z Commission unanimously recommended approval of
the request and staff recommends approval of the request. She requested that the staff report be made a
part of the Record.
Chairman
Carey noted that part of the recommendation says the setback will be equivalent
to half of the building height or equal to the required buffer, whichever is
greater. She asked if that was a Land
Development Code requirement. Ms.
Williams advised that it is a flexible setback which takes into consideration
the design of the site itself, instead of just a generic setback. In this case, Ms. Williams stated the setback
would most likely be half of the building height for the north side, which is
adjacent to Mixed Use Commercial, and on the south side.
Commissioner Carey asked if the
purpose is to allow mixed use, which tends to go closer to the edges, wasn't
that purpose being defeated by having it worded that way. Ms. Williams stated that the language could
be changed if the Board would like.
Upon inquiry by Chairman Carey, Ms.
Williams advised that the normal setback would be 10 feet for the north and
south property lines.
Upon inquiry by Commissioner
Henley, Ms. Williams stated that the units have been capped at 120 units for
the multifamily based on the density of the site itself.
Chairman Carey suggested that staff
may want to look at that issue in the future because it may be
counterproductive in some of the high density, mixed use areas.
Dave Glunt, Madden, Moorhead and
Glunt, addressed the Board to state that he represents Atlantic Housing
Partners and is available to answer any questions.
Upon inquiry by Commissioner
Henley, Mr. Glunt stated that they prefer to have standard setbacks and would
like more flexibility for their site.
Discussion ensued with regard to setbacks.
Commissioner Dallari suggested
giving staff the flexibility to see how the site actually lays out and see if
it makes sense to put in the extra buffer.
Upon inquiry by Commissioner
Henley, Ms. Williams stated that on the west side for multifamily, the
active/passive would require a 100-foot setback. Upon inquiry by Chairman Carey, Ms. Williams
confirmed that the setbacks on the north and south would normally be 10 feet
since they are Commercial and don't have the active/passive.
No one
spoke in support or in opposition.
Motion by Commissioner Henley, seconded
by Commissioner Dallari, to enact Ordinance #2011-14, as shown on page _______,
for a rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development);
and approve the associated Preliminary Master Plan and Development Order, as
shown on page _______; on 6.73 acres, located on the west side of HWY 17-92,
approximately 1 mile south of S.R. 436, as described in the proof of
publication, Robert Sterling; and approve giving staff the flexibility that was
discussed.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Sabrina
O’Bryan, Fiscal Services Department, addressed the Board to state that Bobby
Brantley and John Holley, with Shutts and Bowen, are going to present an
overview of the legislative session.
Bobby
Brantley, Shutts and Bowen, addressed the Board to state that this was the strangest
legislative session he has seen. He
stated that the bill dealing with the Expressway Authority was never heard in
any committee in either the House or the Senate; but yet, it became law. He believes that it was by accident that
Seminole County was there. Mr. Brantley
stated that the prime players who were pushing the original bill have all
agreed to help reinstate Seminole County next year because they had no idea it
was active. Most, if not all, of the
other expressway authorities that were in the bill have never had a
meeting. He explained the aim of the
original bill.
Upon
inquiry by Commissioner Henley, Mr. Brantley stated that the bill came out of
committee on April 29 and the session ended on May 6. Mr. Brantley discussed conforming bills.
Commissioner Dallari stated that
there is support in Tallahassee to reinstate the Expressway Authority next
year.
Commissioner Horan noted that there
is an Expressway Authority meeting later today.
He said that he has spoken with several legislators who are committed to
reinstating the Authority if, in fact, it is going to be needed.
Mr. Brantley advised that the
On-Site Sewage Treatment Disposal System bill died. He stated that there are assurances from the
Department of Health that they will do nothing until the Legislature looks at
the issue next year. He cautioned that
next year's session starts in January and will be the least popular session the
Legislature will ever have because it is reapportionment. There is a lot of in-fighting as to how the
lines are drawn and who will be in what district so the session will be a
contentious one. He explained that
process has already started.
Upon inquiry by Chairman Carey, Mr.
Brantley explained that the septic tank bill will be re-filed; and he believes
it will be passed next year since there was a lot of support for it this
year. The bill got caught up in all that
was going on with the budget. He stated
that there were millions of dollars spent in conforming bills and that many of
the items that the money was spent on were never heard in the entire
process. He stated that conforming bills
are very dangerous. They come out at a
time in the session when everybody is working as hard as they can to try to get
their bills through the process.
Discussion continued with regard to conforming bills.
Mr. Brantley advised that the
simulated gambling device bill died. He
stated that in Tallahassee this has been a hot topic and described the actions
being taken in Leon County.
Commissioner Horan explained that
one of the problems of regulating the activity is that regulating the activity
may in some way impact on the State's agreement with Seminole Tribe and may
constitute a breach of the agreement that the State has with the Seminole
Tribe. Then the Seminole Tribe will stop
paying its money to the State. The only
option for the Legislature was banning, not regulating.
Mr. Brantley stated that there were
some constitutional amendments, one that proposes to reduce the annual growth and
assessment limitation on certain non-Homestead property from 10% to 3% with
voter approval.
Upon inquiry by Chairman Carey, Mr.
Brantley stated that it ended up being 5%.
He stated that SB 958, the so-called Mini TABOR since it is limited to
State revenue, is an amendment that will replace the existing State revenue
limitation with a new limitation based on inflation and population
changes. That bill passed both
houses. Mr. Brantley advised that those
two items will be on the ballot. He
stated that he will provide a list since there were several constitutional
amendments that did pass this year.
Upon inquiry by Chairman Carey, Ms.
O'Bryan stated that the Communications Tax Cap bill did pass but the item that
they were looking at, the decrease of the 1%, wasn't included in the bill that
passed. Ms. O'Bryan continued that only
the rule for rounding was clarified, and the percentage was not addressed. It was only related to the entities that will
be collecting the communication tax and didn't impact Seminole County.
Upon further inquiry by Chairman
Carey, Ms. O'Bryan advised that the tax had been previously capped at 5.12%. She stated that didn't change; the only thing
that changed is the rounding and the method used to collect from the entities
that collect the service tax.
Mr. Brantley stated that the Pill
Mills bill passed. Several lawsuits have
been filed against the State over the bill already. Discussion ensued with regard to raids on the
Pill Mills.
Upon inquiry by Commissioner Horan
with regard to the Construction Management (CCNA) bill, Ms. O'Bryan stated that
she looked at that bill the last week of the session and the bill had not moved
forward. Her recollection is that the
bill died.
Mr. Brantley stated that there was
a Growth Management bill that pretty much dismantled the DCA. Much of what DCA has been doing with regard
to permitting and review has now been sent back to the County, and there will
be more local control than in the past.
Upon inquiry by Chairman Carey, Mr.
Brantley stated that he was not aware of any action with regard to the Regional
Planning Councils. He stated that Water
Management Districts took a hit this year financially. Mr. Brantley stated that not much action was
taken this year that would relieve the County of any financial responsibility
and that, as a matter of fact, more was shifted the County’s way.
CHAIRMAN’S
REPORT
Chairman Carey advised that she has
been working with Dede Schaffner, Chairman of the School Board, and Pastor Joel
Hunter, Northland Church, to address the need of feeding the hungry students
over the summer. She stated that
starting on June 6 (from 7:30 a.m. to noon) non-perishable food items will be
collected at Seminole County high schools and Altamonte, English Estates,
Hamilton, Highlands, Idyllwilde, Red Bug, and Stenstrom elementary
schools. At the high schools, students will be in charge of
sorting and stacking the canned goods.
She noted that two high schools currently have food pantries and have
even allowed families to come in and shop.
She distributed a flyer (received and filed) and stated that she had
sent it to each Commissioner and requested that they forward the flyer to their
data base of people to try and make sure that there are not homeless and hungry
children during the summer.
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Upon inquiry by Commissioner
Henley, Mr. Brantley stated that the Commissioner of Agriculture, Adam Putnam,
will now have a greater voice in what can and cannot be served in school
lunchrooms.
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With regard to legislative matters,
Commissioner Horan requested information regarding a bill about personal
liability of public officials concerning the passage of some kind of anti-gun
legislation. Mr. Brantley stated it had
to do with a County not having ordinances that were stronger than the
State. He stated that the bill did not
pass. Commissioner Horan stated that he
had heard that the bill did pass. Mr.
Brantley stated that he would check into that and get back with Commissioner
Horan. Ms. O'Bryan stated that the bill
did pass but she would like to check the language of the bill. Discussion ensued with regard to personal
liability.
Upon inquiry by Commissioner Horan
with regard to insurance coverage if personally sued, Ms. Colby stated that as
long as a Board member is acting within the scope of his office, they would be
covered by the County's insurance.
Robert McMillan, County Attorney, noted that would be true unless the
bill makes it pure personal liability.
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Mr. Brantley noted that Bill 2152
that abolished the Expressway Authority was passed somewhere between 1:38 a.m.
and 2:08 a.m.
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Chairman Carey stated that she and
Dede Schaffner met with the head of the JPMorgan Foundation and stated that the
foundation has agreed to work with them in both the backpack program and the
food drive.
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Chairman Carey advised that the
Wekiva River Basin Commission meeting will be on Tuesday, June 7, at 1:30 p.m.
at the Regional Planning Council Office.
She noted that June 9 is the Seminole County Employee Night at the
Ballpark at the Historic Sanford Memorial Stadium. There is a 6:00 p.m. pregame cookout and the
game starts at 7:00 p.m. She stated that
tickets are $10.00 for employees and $2.50 of that will go to Seminole County School
Foundation Homeless Committee.
Chairman Carey advised that the
Memorial Day Parade in Sanford will take place on Monday, May 30. The parade starts at 10:00 a.m. with a
ceremony at Veteran's Memorial Park at 11:00 a.m.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter dated April 27, 2011 to Commissioner
Brenda Carey from Congresswoman Sandy Adams re: the Commission’s letter
pertaining to HR 763 also known as the Safe and Efficient Transportation Act.
2. Letter dated May 9, 2011 to Chairman Brenda
Carey from Gary Causey, Director Community Planning and Development, Department
Housing and Urban Development re: 2010 Program Year Amendment Child Care
Assistance-Early Learning Coalition.
3. Copy of letter dated May 11, 2011 to Allie
Davis, Seminole High School student from William “Johnny” Edwards, Solid Waste
Manager re: response to her letter concerning environmental issues.
4. Copy of letter dated May 12, 2011 to Governor
Rick Scott from Carlton Henley, Secretary, Central Florida Commuter Rail
Commission re: Central Florida SunRail Transit System/Seminole County and its
Municipalities Activities to Support Enhanced Transit Ridership.
5. Notice of Public Hearing received May 13,
2011 from the City of Casselberry re: request for Board of Adjustment to grant
a variance for Leg Lot 17 Brittany Gardens PB 46 PG 38.
6. Letter dated May 14, 2011 to Chairman Brenda
Carey from Paige Brough, Senior VP Communications, HearUSA, re: notification of
WARN Act.
7. Copy of letter dated May 18, 2011 to Mr. John
Metsopoulos from Barbara Lipscomb, City Manager, City of Casselberry, re: U.S.
17/92 CRA Redevelopment Master Plan Update.
8. Copy of letter dated May 19, 2011 to Mr. Joe
Forte, Acting County Manager from Phil Laurien, Executive Director, East
Central Florida Regional Planning Council, re: 2011-12 Annual Assessment
(Dues).
9. Notice of Public Hearing received May 19,
2011 from the City of Sanford re: Amendment of the Master Plan established by
Ordinance No. 4109 for the Sanford Lofts Planned Development, located at 111 N.
Palmetto Avenue.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner Henley noted that at the last
meeting there was a discussion and debate regarding the metals company next to
Milwee Middle School and stated that there have been a few complaints from the
same individual down there. He stated
that he met with Ms. Guillet and she has alerted the company. The complaint was that the company started at
7:15 a.m. and there was a restriction that there was to be nothing before
7:30.
Commissioner Horan stated he
believes the Board approved that item with some pretty restrictive conditions
in the Development Order. He
complimented Commissioner Henley for working out the details and protecting the
people in that area.
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Commissioner Dallari congratulated
Joe Abel, Leisure Services Director, on the job that he did with a visioning
session for Extension Services. He
stated that Mr. Abel and Barbara Hughes did a phenomenal job and the community
was very pleased.
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Commissioner Dallari thanked
Dr. Bill Vogel for taking a trip to Chicago to meet with an organization
that now is relocating to Seminole County called Team Cymru. They will provide a security service here and
will be bringing in 40 employees the first year and then following up with
another 20. He stated that a lot of Team
Cymru's employees were hesitant about relocating to Seminole County and
Dr. Vogel’s going to Chicago and talking about the schools made a big
difference.
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Commissioner Horan updated the
Board on a Tri-County League of Cities meeting that he attended last week. He said that he was surprised to learn that
many of the things that Seminole County has been doing for years are just now
being done by Orange County and Osceola County concerning delivery of services
and coordination with city and other officials.
He advised that Mayor Jacobs made a point to say that she was very much
in favor of and committed to building the Wekiva Parkway, finding the funding
for that and doing whatever needs to be done in terms of intergovernmental
cooperation to do that.
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Commissioner Horan stated that he
has been attending some meetings with the people who were involved in the
photovoltaic initiative and Sematech project.
He stated they are trying to put together an action plan with UCF and
possible governmental entities and may want to bring that before the Board in
the future.
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Commissioner Van Der Weide stated
that he has gotten a call from Congressman Mica's office who passed on a
complaint that they had about Wekiva Island.
COUNTY
MANAGER’S BRIEFING (Continued)
Nicole Guillet,
Growth Management Director, distributed an information packet (received and
filed) with regard to impact fees. She
discussed both the summary of Total Impact Fees since FY 2003/04 and the
breakdown of the Road Arterial and Collector Impact Fees.
Upon inquiry by Chairman Carey,
Jerry McCollum, Engineering, stated that in the north, the collector portion of
the impact fees has sunsetted. He stated
that the arterial portion is still collected.
He described the County's system, an improvement driven system. Mr. McCollum stated that the County still
has, for example, Wymore Road and Chapman Road that are collecting until
2021. He stated that nothing new has
been identified in the north end. Most
of the emphasis in the future will be trying to get something done on State
Road 46 which is arterial and in the State system.
Ms. Guillet stated that based on
the activity that staff is seeing in the Planning Department and the Building
Department, they expect development rates will stay consistent in the upcoming
year. Ms. Guillet reviewed the Seminole
County Interfund Loan summary and Public Works Interfund Loan Funds Five-Year
Forecast. She stated that the loan
balance now owed to the Infrastructure Sales Tax Fund is $70 million and noted
that a large portion of the collected impact fees go to pay back that loan. Anything done with transportation impact fees
will affect the ability to balance that fund or affect the programming for
projects.
Ms. Guillet reviewed the Other
Local Governments summary and explained what other counties around the state
are doing with regard to impact fees.
Chairman Carey stated that Seminole
County is different from these other groups in that they have had the penny for
transportation and did do the Interfund loan, which has to be paid back. She noted that while other counties have
reduced the school impact fees by 50%, Seminole County's school impact fees are
still 50% of what everybody else's are.
Chairman Carey stated that other counties' discounted fees are still
higher than Seminole County's fees because they have tried to keep them
low.
Commissioner Dallari stated that
one reason he wanted this brought up to the Board is because there are
companies that are looking around Central Florida to see how they can go into
the market to put in "bricks and mortar." He described a company that is looking at the
surrounding counties and debating if it should be in Seminole County or Lake
County. Impact fees will be part of that
decision. For a company to build a $5.5
million project in Seminole County, with the amount of jobs that they will
bring in and the amount of money that they will be putting into infrastructure
and “bricks and mortar,” he believes by waiving the impact fees the County
would be money ahead in the long run.
Chairman Carey stated she believes
those companies have an opportunity to come through the economic development
process and apply for those type of things if they are bringing jobs and
"bricks and mortar" and capital investment. She believes the Board can make a decision on
a case by case basis rather just suspending the fees across the board.
Commissioner Dallari stated he
believes it sends out a message. He
stated there are counties now that are sending out a clear message that they
are "Open for Business" because they are waiving the fees. They are sending a message to the investors
and business folks that they want to bring jobs into their county and that it
is not just impact fees that they are counting on but jobs, revenue from jobs,
revenue from "bricks and mortar" and economic development.
Chairman Carey stated that she
believes that Seminole County has sent that message much longer than the other
counties. Unlike other counties, impact
fees in Seminole County aren’t paid until there is a C.O., which was an
incentive for people to come to the County.
She believes there are things that the County can continue to do, like
moving people through the process or extending the development orders and extending
the permits that are out there so people don’t have to come back and go through
the process again.
Commissioner Van Der Weide stated
that everyone supports business but he believes the County has been more than
fair. He stated that the Board needs to
look out for the citizens too.
Commissioner Henley pointed out
that there are millions of dollars of citizens' funds to be paid back in order
to upfront those roads. He believes that
is why most businesses will not make a decision solely on impact fees but will
look at the total infrastructure, the educational system and tax load. He stated that he would be reluctant to make
any adjustment at this time. With
nothing going on, nobody is paying anything.
Commissioner Dallari stated that if
there is nothing going on, then it would not hurt to waive the impact fees for
12 to 24 months.
Chairman Carey clarified that
Commissioner Dallari is talking about waiving fire, libraries and road fees.
Commissioner Henley advised that if
you waive the fees and then go back and try to implement them when things pick
up, you will run into a much more difficult situation.
Commissioner Horan stated that
while waiving or deferring the impact fees for a particular period of time
would send a good message, he sees difficulty when they try to lift either the
moratorium or try to raise the fees again.
He stated that when he used to be a part of the Private Business
Association of Seminole County, while people favored the idea of lowering
impact fees, they favored more streamlining the process. Getting the permits out on time seemed to be
just as important. He stated he would
not have a problem waiving the fees for a particular period of time as long as
everyone has the courage to lift them when times are good again.
Commissioner Dallari explained that
his thought was to waive them for a year and then see what is going on, and
revisit the matter after 12 months.
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to bring an item forward
to suspend impact fees, excluding the schools, for a future agenda.
Under discussion, Mr. Forte
clarified that there would need to be a public hearing to suspend the impact
fees. Mr. McMillan clarified that the
fees are imposed by ordinance. Chairman
Carey stated that if the Board would need to pass an ordinance to suspend them,
they would have to pass another ordinance to put them back in place.
Districts 1 and 2 voted AYE.
Commissioners Van Der Weide, Henley
and Carey voted NAY; whereupon the motion
failed for the lack of a majority vote.
Ms. Guillet reviewed the Permit
Extensions Table (received and filed) which outlines the different permit
extensions. She described the 2009
Legislation (SB 360), the 2010 Legislation (SB 1752), and the 2011 Legislation
(HB 7207). She explained that currently
people who have permits that would expire between 2008 and 2012 and got a
permit extension under SB 360 or SB 1752 can get another extension if they are
eligible. They have to notice the County,
and they have to have gotten a previous extension. Ms. Guillet explained that under HB 7207, a
DRI can be extended for four years regardless of when it expires or how many
times it has been extended.
Commissioner Van Der Weide left the
meeting at this time.
Ms. Guillet directed the Board to
the last column of the table and described a proposed local extension. She
stated it would be a blanket extension until January 1, 2016, rather than
trying to figure two years here and two years there. She stated if someone had a permit that would
expire between 2008 and 2014, they could get an extension up to 2016 automatically
without any notice requirement. It would
extend all of the development permits and all of the building permits until
2016.
Upon inquiry by Chairman Carey, Ms.
Guillet stated that to do this, there will need to be an ordinance but advised
there was an important caveat. She
explained that one of the conditions in the State legislation is that the
development regulation in place at the time the permit was approved rides
through and runs with the permit to the very end, even if they change. She stated that they can do that with the
local regulation; but she noted that if building permits are extended, there
will be a caveat that building permit extensions will be subject to the Florida
Building Code at the time.
Ms. Guillet stated that if the
Board wants to move forward with this, the Board would need to authorize staff
to move forward.
Chairman Carey stated that she
would like to see the County move forward with the extension because, as they
all know, there are people who have gotten projects approved who can't get the
financing to do them right now because of the economy and because of the
banking situation.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to instruct staff to bring
back an ordinance to extend the permits, development orders and site plans that
have been approved.
Under discussion, Ms. Guillet
stated that any extension would be subject to any revisions to any Life/Safety
Code.
Commissioner Dallari requested that
the ordinance be clear and in civilian words.
Upon inquiry by Chairman Carey, Ms.
Guillet stated that a list of projects that have been approved but not yet
built can be generated. Discussion
ensued with regard to the Water Management District and Department of
Environmental Protection extensions.
Chairman Carey requested that staff generate a list of outstanding
projects so they can be sent a complimentary notice so that information gets
out to the development community and the different committees that the County
works with. Commissioner Henley stated
that the data should already be compiled.
Commissioner Van Der Weide
reentered the meeting at this time.
Chairman Carey advised that there
is a motion on the floor to bring back an ordinance to extend the permits, development
orders and site plans that have been approved.
Districts 1, 2, 3, 4 and 5 voted
AYE.
COUNTY
MANAGER’S CONSENT AGENDA (Continued)
Joe Forte, Acting County Manager,
advised that the first Item, #7A, is a grant request for a $400,000.
Sabrina O'Bryan, Fiscal Services, presented
a request to submit a collaboration grant application (Sheriff's Office, Community
Services and Drug Court) in the amount of $400,000 to marry Court services in
Seminole County. She stated that there
is no match required for the grant but that it does require a very quick
turnaround time. Ms. O'Bryan requested
approval to move forward with the grant application contingent upon all three
partners in the core working group agreeing that that is the best path with the
most benefit for Seminole County.
Commissioner Dallari clarified that
no funding is being asked from the County at this time.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to approve submittal of
a grant application to the Department of Health and Human Services requesting
$400,000 through their Adult Treatment Court Collaboratives, Substance Abuse
and Mental Health Services Administration Program contingent upon the Drug
Court, Community Services and Sheriff's Office partners’ agreement that the
grant will benefit the County, and authorize the County Manager to execute any
documents as may be required for the application.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Ms. O’Bryan stated that if the
group comes to fruition on an application, a copy will be circulated so the
Commissioners can see the final product.
A request for approval on the execution of the final agreement, if
awarded, would come back to the Board.
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Mr. Forte
advised that the next item is a request from Central Florida Family Health Center
who is posing as an applicant for a grant and seeking assistance from the
County in the amount of $75,000 to leverage towards matching funds from the
State and Federal grants in order to hire additional personnel.
Dennis Dolgner, Central Florida Family
Health Center, addressed the Board to present the request. He stated this is a last-minute request and
that he only got notice of the grant at the beginning of last week. He described the expansion and renovations
that have occurred at his facilities over the past year. Mr. Dolgner stated there are now six new exam
rooms which can provide room for putting additional practitioners into place,
probably one additional physician and two additional physician’s assistants or
nurse practitioners and appropriate staff after that. The cost of that would be about
$340,000.
Mr. Dolgner explained that this
grant is through the Florida Department of Health and is federally matched. It is matched one to one by State funds and
then matched by federal funds at approximately two to one. He stated that they are in desperate need in
Seminole County to move forward with expanding services to the underinsured and
uninsured. They service patients for a
minimum of $25 to see a doctor and get full lab tests up through a sliding fee
scale depending on the patient's income, Medicare and Medicaid. He stated they also accept regular
insurance. They have four facilities in
Orange County that are totally supported by Orange County. They currently have 170 employees and operate
at a total budget of $12 million a year.
Upon inquiry by Chairman Carey, Mr.
Dolgner discussed a CDBG grant award that his organization received three years
ago from the County for expansion of their parking lot.
Mr. Dolgner stated that they get
1200 phone calls per day on their phone system and advised that most of those
calls are turned away. After the first
half hour, all of the slots are filled up that are able to be given out. He stated that this grant is an amazing
opportunity to be able put these new practitioners into service on an immediate
basis.
Chairman Carey asked if a $75,000
match is needed to get $340,000, was there some reason why the Center wouldn't
put the money in. Mr. Dolgner explained
that under the terms of the grant, only local governmental money is accepted
and that they can't put any money in.
Commissioner Henley stated that
there are people who are not insured because they chose not to be, not that
they don't have the ability to pay. He
asked how that type of individual would be dealt with. Mr. Dolgner stated that those people may fall
under a sliding fee scale that they have if their income was within the terms
of the sliding fee scale.
Upon further inquiry by Commissioner
Henley, Mr. Dolgner stated that he hoped this one-time grant would carry the
expense of adding a doctor and two more employees through the first year of
service. They look for most of their
practitioners to be revenue neutral or better after the first year of
service. He stated that this should
provide for a little over 4,000 new patients.
Upon inquiry by Commissioner
Dallari, Mr. Forte explained that the Health Department provides for children,
neonatal care and things of that nature while this is underinsured and
uninsured care. Shepherd's Hope provides
care for people without insurance. Mr.
Dolgner stated there is no duplication of services.
Upon inquiry by Commissioner
Dallari, Mr. Dolgner stated that their facility is between 45,000 to 50,000 square
feet.
Upon further inquiry by Commissioner
Dallari, Mr. Forte stated this money would or should come from the
Community Assistance Department. He
stated that while Michele Saunders, Community Services Department, believes
this is a good idea and a worthy cause, she does not have the money in the
budget. Mr. Forte stated that the funds
would need to come out of the County's reserves.
Commissioner Van Der Weide stated
that Mr. Dolgner has a lot of credibility with him. He stated that with something worthwhile like
this, they need to tap those reserves.
Commissioner Henley noted that
during the budget time, they cut back a lot of budgets from community service
agencies and said they were not accepting any new ones. He stated he is concerned when someone comes
in this late in the budget year with regard to the action the Board has already
taken.
Upon inquiry by Commissioner
Henley, Mr. Dolgner stated that they have between 167 and 170 paid employees in
all five locations. He stated that the
number of employees in Seminole County would be increasing by nine with the
grant.
Commissioner Henley stated he would
be reluctant in opening this up again since there may be others with needs that
will start to come back before the Board.
Since they have not yet completed next year's budget, they are not sure
what the ultimate balance is going to be to be carried forward to the next
fiscal year. He stated he does believe
this is a worthy cause.
Chairman Carey stated that they are
all conscious about the budget right now but noted that this is an organization
that they have been working with, through the CDBG grants, who serves the
community. She explained how the
organization is funded and stated that to invest $75,000 to get almost $400,000
is reasonable.
Commissioner Horan asked if the
kind of patient that comes to Mr. Dolgner's facility would otherwise end up in
the emergency room. Mr. Dolgner stated
that his facility does not reduce the people who cannot fully pay from getting
sick and going to the hospital in an ambulance; but beyond that, he stated the
hospital may be able to treat him as an outpatient and direct him to their
facility for primary health care. In
other words, they are not burdening the hospital emergency room with things
that are really primary health care oriented.
Commissioner Horan discussed the
agreement that the County has with Central Florida Regional for indigent health
care. He stated to the extent that
patients end up at the emergency room and are then referred to Mr. Dolgner's
facility and not back in the emergency room, that saves the County money.
Commissioner Horan stated that he
believes this is unique, that an organization that they haven't funded before
has a unique opportunity to come in and meet a need that definitely is not
being met right now and could actually save the County money. He stated that he would be in favor of making
an exception in this situation.
Commissioner Dallari stated that
the Board, over the past couple of years, has tried to wean people off of the
County's budget. They want them to be as
self-sufficient as possible and try to take into account all of the different
issues that are out there and the projections.
He believes Michele Saunders and her staff do an excellent job. Commissioner Dallari stated that
unfortunately he is having a hard time right now allowing an exception to the
policy just this one time because this one time will take place more and
more.
Upon inquiry by Commissioner
Henley, Mr. Dolgner stated that his sources of revenue are federal grants on an
annual basis along with some State money.
This grant is coming from one of the sources, through the Florida
Department of Health, of Low Income Pool (LIP) money. He stated that they get donations of
services.
Upon further inquiry by
Commissioner Henley, Mr. Dolgner stated that he believes the requirement of the
grant is that it be a local grant from a governmental body.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Horan, to approve the
request for matching grant funds in the amount of $75,000 to Central Florida
Family Health Center for the expansion of Primary Care Services, contingent
upon the grant being awarded by the Florida Department of Health, through the
Agency of Health Care Administration with the funds being taken out of the
County's reserve funds.
Under discussion, Commissioner
Henley stated that he will not be supporting the motion because it is
by-passing the process that everyone else has to go through.
Mr. Dolgner stated that he needs a
letter of commitment from the Board to attach to the application which may or
may not get approved by the Florida Department of Health.
Chairman Carey clarified that if
Mr. Dolgner's organization does not get the grant, the Board won't have to provide
the $75,000.
Mr. Forte requested that the motion
should include Board approval of a Budget Amendment in the amount of
$75,000.
Commissioners Van Der Weide and
Horan agreed to the amendment.
Upon inquiry by Commissioner
Dallari, Mr. Dolgner stated there is a certain amount of co-mingling when you
get to the Orange-Seminole County line.
Patients may go to either the Orange County or the Seminole County
facility. All of the administration
comes from the Sanford Office. He stated
his organization will not turn a patient away.
Commissioner Horan noted that for years money that has been funded by
the Orange County government has been used to serve some Seminole County
indigent people.
Districts 2, 3 and 5 voted AYE.
Commissioners Dallari and Henley
voted NAY.
COUNTY
ATTORNEY’S REPORT
Robert McMillan, County Attorney,
updated the Board on the bill that they had previously discussed with regard to
firearms and liability. He stated that
the bill passed and advised that the bill states that, except if required by
law, public funds may not be used to defend or reimburse the unlawful conduct
of any person found to have knowingly and willfully violated the section. He stated therefore, it would be personal
financial liability.
Chairman Carey requested that Mr.
McMillan provide the Board with a copy of the bill.
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Mr. McMillan reminded the Board
that the County Attorney interviews are tomorrow at 9:00 a.m.
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Mr. Forte advised that there is a
vacancy for the alternate position on the SunRail Technical Advisory Committee that
was previously held by Alison Stettner.
He recommended Brett Blackadar to fill the position.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Horan, to send a letter to
the SunRail Technical Advisory Committee advising of Brett Blackadar's
appointment as an alternate.
Districts 1, 2, 3, 4 and 5 voted
AYE.
ITEMS FOR
FUTURE AGENDA
John
Casselberry, 700 South Lost Lake Lane, addressed the Board to discuss his
concerns that the County Clerk’s Office does not have an attorney. Chairman Carey advised that the Clerk is an
elected Constitutional Officer and whether or not she hires an attorney is up
to her. She stated that the Board has no
authority over the Clerk and suggested that he talk to the Clerk.
Mr. Casselberry
described what happens when he tries to log in an item for a probate record
with a clerk and suggested they are practicing law without a license.
Mr.
Casselberry discussed the judicial districts in the 18th Judicial
Circuit and how the elections are conducted.
Chairman Carey advised those things are not within the purview of the
Board.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:30 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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