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.
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.
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?.
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.
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:
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 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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
Mr. Brantley noted that Bill 2152 that abolished the Expressway Authority was passed somewhere between 1:38 a.m. and 2:08 a.m.
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.
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.
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.
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.
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.
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.
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.
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.
Mr. McMillan reminded the Board that the County Attorney interviews are tomorrow at 9:00 a.m.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:30 p.m., this same date.