BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
AUGUST 28, 2012
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, August 28, 2012, 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)
County Manager James Hartmann
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Deputy Clerk Eva Roach
Pastor Dale
Hardy, Lighthouse Baptist Church, Sanford, gave the Invocation.
Commissioner
Henley led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Horan, seconded by
Commissioner Henley, to adopt appropriate Resolution #2012-R-158, as shown on
page _______, recognizing Andy Seminazzi for nine
years of dedication and service to Seminole County Government and its citizens,
upon his retirement from the Public Works Department, Engineering Division on
August 31, 2012.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mr. Seminazzi, who
addressed the Board to express his appreciation.
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Motion by Commissioner Dallari, seconded
by Commissioner Henley, to adopt appropriate Resolution #2012-R-159, as shown
on page _______, recognizing Neal A. Miller for 27 years of dedication and
service to Seminole County Government and its citizens, upon his retirement
from the Public Works Department, Roads and Stormwater Division on August 31,
2012.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mr. Miller, who addressed the Board to express his
appreciation.
COUNTY
MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, advised that Item
#28A is an add-on to the County Attorney’s agenda, a report and recommendation
on the Medicaid back-billing issue; and the applicant is requesting another
continuance on Item #33 under Public Hearings, Relocation of an Existing Cell
Tower, and staff recommendation is to continue that to December 11, 2012.
Discussion ensued with regard to
Item #22, Award of RFP-601340-12 for Fleet Management and Maintenance
Services. Commissioner Dallari expressed
his concern that they had not yet received the Fleet Report and the consultant
is adding items to the contract; therefore, they would be approving or denying
this item based on a report they have not yet seen.
Ray Hooper, Purchasing and Contracts,
addressed the Board to state that the recommended firm is the incumbent and
they scored the highest of all the vendors.
He then explained the evaluation process under an RFP.
Mr. Hartmann stated that the
consultants hired to do the fleet study were also consulted as part of the
proposal. They recommended certain
changes to the contract, which are improvements that staff feels
are appropriate.
Upon inquiry by Commissioner Horan
whether the amount of savings in the first year was based on this contract,
Lisa Spriggs, Resource Management Director, said she will need to review the
internal charges because they are based on actual usage and will respond to
this during the afternoon session.
Commissioner Horan stated that
based upon the consultant’s report, they are now improving certain operations,
i.e. there will be mobile lube areas under this contract. Mr. Hooper stated this was worked into the
million dollar plus savings.
Chairman Carey stated the savings
from the mobile servicing option will probably be even greater because right
now their practice is that the fire trucks, for example, get taken in and then
they are down and the firefighters have to go through them, so having the
mobile service will certainly save a lot of efficiencies, not only in the cost
but also in the operation of the fire side.
Commissioner Horan stated that this
was a really good job by the Purchasing Department. He believes the fleet report will be a policy
report as opposed to an operational report.
Chairman Carey stated the contract
establishes what kind of rates they will pay based on actual usage.
Mr. Hooper stated it is operating
targets. With the current contract with
Serco, the operating target is $4,008,119 and the actuals are trued up at 80%
for the County and 20% for the vendor.
The operating target under the new contract is $3.7 million. Staff asked the consultant to look at the
current contract and proposed contract and then make recommendations for cost
savings. They recommended that the cost
sharing be changed from 80/20 to 75/25 to further enhance the contractor to
find more savings off the $3.7 million to provide the County additional savings
on the new operating target. So they
have some savings on the operating cap (the ceiling) and think they will still
get the savings they got with the prior contract; which is sharing below the
operating potential savings.
Commissioner Henley stated he is
interested in what the cost was this year versus the cost of the new
contract. He said that is the true
savings and they pay on the basis of usage, not necessarily on the size or
condition of the fleet. He believes it
is a good contract, but perhaps in the future, these types of things can be
covered a little better as far as comparing costs and contracts.
Motion by
Commissioner Horan, seconded by Commissioner Van Der Weide, to authorize and
approve the following:
Community
Services
Community
Assistance Division
3. Approval of $50,000 for Recovery
House of Central Florida for the Community Service Agency Partnership Grant
funding for FY 2012-13.
Community
Development Division
4. Approve the
additional NSP3 target area of Deer Run to provide stability through the
acquisition of short sale, foreclosed, abandoned and vacant units.
Economic &
Community Development Services
Planning &
Development Division
5. Authorize the Chairman to execute
a Satisfaction of Lien, as shown on page ______, in the amount of $936.46
associated with the property located at 108 Little Oak Lane, Altamonte Springs;
Tax Parcel #22-21-29-505-0E00-0620; filed against Paul & Marianne Minerd.
6. Authorize the Chairman to execute
the Release of Lien, as shown on page ______, for Case No. 08-179-CEB, on 350
Pop Ash Court, Longwood, Tax Parcel #33-20-29-507-0100-0190, previously owned
by Pop Ash Court Trust and currently owned by ASH Realty, LLC.
7. Authorize the
release of the Irrevocable Standby Letter of Credit No. 55105042, in the amount
of $27,500 for the Brooks Landing Subdivision (M/I Homes of Orlando, LLC).
Environmental
Services
Solid Waste
Management Division
8. Approve and authorize the
Chairman to execute a Certificate of Public Convenience and Necessity, as shown
on page ______, for Safety-Kleen Systems, Inc., effective from October 1, 2012
through September 30, 2013.
9. Approve and
authorize the Chairman to execute a Certificate of Public Convenience and
Necessity, as shown on page ______, for Keller Outdoor, Inc., effective from
October 1, 2012 through September 30, 2013.
Leisure Services
Library Services
Division
10. Approve and authorize the
Chairman to execute the Grant Agreement, as shown on page ______, between the
Florida Division of Library Services and Information Services and Seminole
County, in anticipated acceptance of monies in State Aid to Library funds for
library-related operating expenses.
Tourism
Development Division
11. Approve and authorize the
Chairman to execute an Agreement, as shown on page ______, with the Sanford
Chamber of Commerce, in the amount of $3,500, for the 2012 Thunder in the
Streets Bikefest to be held on October 12-14, 2012.
12. Approve and authorize the
Chairman to execute an Agreement, as shown on page ______, with Elite Clubs
National League Inc., in the amount of $18,877.81 to host the 2012 ECNL Winter
Showcase on December 28-30, 2012.
13. Approve and authorize the
Chairman to execute an Agreement, as shown on page ______, with Crappie
Masters, Inc., in the amount of $8,500, for the 2013 Bass Pro Shops Crappie
Masters National Qualifier to be held on Lake Monroe on February 1-2, 2013.
14. Approve and authorize the
Chairman to execute an Agreement, as shown on page ______, with Orlando
Ultimate, in the amount of $6,500, for the 2012 USA Ultimate Club Regionals to
be held on September 29-30, 2012 at the Seminole Soccer Complex and Sylvan Lake
Park.
15. Approve and authorize the
Chairman to execute an Agreement, as shown on page ______, with the Central
Florida Zoological Society, Inc., in the amount of $225,000 for FY 2012-13.
Public Works
Engineering
Division
16. Approve and authorize the
Chairman to execute a Mitigation Credit Purchase Agreement, as shown on page ______,
in the amount of $5,000, with Mitigation Marketing, LLC in conjunction with the
State Road 46 at Jungle Road and Rest Haven Road Improvement Project.
17. Approve the proposed trailhead
concept in order for Silver Sea Development, LLC, to proceed with the design
and permitting of the project located off of Douglas Avenue and Commerce Park.
Resource
Management
Budget and
Fiscal Management Division
18. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page ______, with the
Florida Division of Emergency Management, in acceptance of $5,397 through their
Hazards Analysis Program.
19. Approve and authorize the
Chairman to execute a Notice of Award, as shown on page ______, from the
Department of Health and Human Services, Substance Abuse and Mental Health
Services Administration, in acceptance of the Terms and Conditions to receive a
grant award in the amount of $2,000,000 for the Child Mental Health Initiative
Program/Families and Communities Together in Seminole (FACTS) Project.
Purchasing &
Contracts Division
20. Award CC-7826-12, as shown on
page ______, Agreement for Eastbrook Elementary Safe Routes Sidewalk Project,
in the amount of $218,643 to Parthenon Construction Company of Orlando; and
authorize the Purchasing and Contracts Division to execute the Agreement.
21. Award CC-7840-12, as shown on
page ______, Agreement for Woodcrest #5 Pump Station Improvements, in the
amount of $398,750 to C&S Technical Resources, Inc. of Orlando; and
authorize the Purchasing and Contracts Division to execute the Agreement.
22. Award RFP-601340-12, as shown on
page ______, Fleet Management and Maintenance Services, to Serco, Inc., Reston,
VA; and authorize the Purchasing and Contracts Division to execute the
Agreement.
23. Award RFP-601461-12, as shown on
page ______, Janitorial Services for Seminole County Buildings, to Florida
Cleaning Systems, Sanford; and authorize the Purchasing and Contracts Division
to execute the Agreement.
24. Approve Amendment #1, as shown on
page ______, to Work Order #19, for the Brisson Avenue Improvements Project
under PS-2249-07, CEI Services for Construction Projects less than $1M, with
Keith and Schnars, P.A. of Altamonte Springs, in the amount of $12,077.37; and
authorize the Purchasing and Contracts Division to execute the Work Order
Amendment.
25. Approve Work Order #4, as shown
on page ______, Guaranteed Maximum Price (GMP) for the upgrades at Country Club
Water Treatment Plant (WTP) to RFQ-5888-10, Construction Manager at Risk for
Major Water Treatment Plant Upgrades (AIA agreement), with Wharton-Smith, Inc.
of Sanford, in the amount of $20,358,230.71; and authorize the Purchasing and
Contracts Division to execute the Work Order.
26. Approve ranking list, authorize
staff to negotiate rates in accordance with F.S. 287.055, the Consultants
Competitive Negotiation Act (CCNA), and authorize the Purchasing and Contracts
Division to execute two Master Services Agreements (MSAs) for PS-7643-12,
Professional Surveying and Mapping Services, Estimated Annual Usage of $200,000.
27. Approve an increase to the Board-approved
Estimated Term Usage for PS-2404-07, Final Design Services for CR 426 Safety
Improvements (Division Street to SR 46), by an additional $550,000 over the
term of the MSA.
28. Approve an increase to the
Board-approved Estimated Term Usage for Master Services Agreement (MSA)
PS-5473-10, Design and Environmental Permitting for Seminole Wekiva Trail Phase
IV, by an additional $400,000 over the term of the MSA.
Districts 1, 2, 3, 4 and 5 voted
AYE.
COUNTY
ATTORNEY’S CONSENT AGENDA
Request to
not file a Chapter 120 administrative proceeding with the Division of
Administrative Hearings and authorize payment to AHCA on or before September
13, 2012 of the discounted backlog amount of $919,817.36, or authorize the
County Attorney to determine on behalf of Seminole County whether to remain in
the litigation if appropriate on the Medicaid back-billing issue, was
presented.
Commissioner
Horan stated he would like the record to reflect that at the beginning of this
process, the State estimated the County owed $3.7 million back-log. Based upon the good work of the County
Attorney’s office together with the Florida Association of Counties (FAC) and
the lawyers they hired, the County now has reduced that sum by $2,536,520.57,
which goes right to the bottom line of the taxpayers’ pockets. This was done through the courage of the FAC,
this Board of County Commissioners and the skill and excellence of these
lawyers.
Mr.
Applegate stated he appreciated the comments and that Lynn Porter-Carlton, the
Deputy County Attorney, worked many hours over the last several months in
conference calls and meetings, and she did a tremendous job for the County.
Motion by Commissioner Dallari, seconded by Commissioner Van
Der Weide, to approve and authorize the Chairman to execute appropriate
Resolution #2012-R-162, as shown on page ______, implementing Budget Amendment
Request (BAR) in the amount of $919,817.36 for Medicaid back-billing.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to approve and authorize the following:
Clerk’s
Office
29. Approve Expenditure Approval Lists, as shown on page
_______, dated July 23 and 30, 2012; and Payroll Approval List, as shown on
page _______, dated August 2, 2012; BCC Minutes dated July 24, 2012; and noting,
for information only, the following Clerk’s “Received and Filed”:
1.
Development
Orders, as shown on page ______, as follows:
#12-30000031, Albino variance; #12-30000038, Carter variance;
#12-0000037, Lheureux variance; #12-30000036, Valence
variance; #12-30000035, Manco variance; #12-30000032,
Nazario variance; #12-30000040, Thompson variance;
and #12-30000039, Grow variance.
2.
Contract
for Services, as shown on page ______, for Patricia Dale Moore.
3.
Denial
Development Order #12-32000005, as shown on page ______, Cornerstone Church of
Orlando special exception.
4.
Amendment
#1, as shown on page ______, to Work Order #3 to RFQ-5888-10.
5.
Amendment
#2, as shown on page ______, to Work Order #86 to PS-1529-06.
6.
Amendment
#2, as shown on page ______, to Work Order #85 to PS-1529-06.
7.
IFB-601463-12
Term Contract, as shown on page ______, Setco, Inc.
8.
Bill
of Sale and Utility Easement, as shown on page ______, accepting off-site water
system for the project known as Colonial Grand @ Lake Mary, Phase 1.
9.
Change
Order #3, as shown on page ______, to CC-7117-11.
10.
Maintenance
Agreement with Letter of Credit, as shown on page ______, for the project known
as TSO Warehouse (South Pk. Bs. Ctr Lots 1a, b, g
& f) in the amount of $4,062.18.
11.
Work
Order #16, as shown on page ______, to PS-5438-10.
12.
Closeout
for CC-6365-11, as shown on page ______.
13.
Change
Order #2, as shown on page ______, to Work Order #19 to CC-3321-08.
14.
Amendment
#1, as shown on page ______, to Work Order #1 to RFP-5706-10.
15.
Seventh
Amendment, as shown on page ______, to RFP-600006-06.
16.
Fourth
Amendment, as shown on page ______, to IFB-600855-10.
17.
Change
Order #1, as shown on page ______, to Work Order #19 to CC-3321-08.
18.
Change
Order #3, as shown on page ______, to CC-6482-11.
19.
Assignment
of Employee Insurance Benefits Consultant Services Agreement RFP-601311-11, as
shown on page ______, AGIS Florida Agency, LLC.
20.
Amendment
#2, as shown on page ______, to RFP-0780-06.
21. Amendment #12, as shown on page ______, to
Work Order #11 to PS-3914-08.
22. Closeout, as shown on page ______, to Work
Order #18 to CC-3321-08.
23. Closeout, as shown on page ______, to
CC-5018-09.
24. Change Order #1, as shown on page ______, to
Work Order #15 to CC-5075-10.
25. Change Order #5, as shown on page ______, to
CC-6460-11.
26. Change Order #1, as shown on page ______, to
Work Order #11 to CC-5075-10.
27. Bids as follows: RFP-601393-12; RFP-601420-12; PS-7643-12;
CC-7694-12; and CC-7826-12.
Districts 1, 2, 3, 4 and
5 voted AYE.
REGULAR AGENDA
Brian Walker, Planning and Development Division,
addressed the Board to present a request by Bryan Potts, Applicant, for approval
of the Donnie Myers RV Planned Commercial Development (PCD) Final Site Plan and
Developer’s Commitment Agreement for 5.33 acres located on the southwest corner
of Orange Boulevard and Monroe Road, Bryan Potts, as outlined in the agenda
memorandum. Staff recommends approval.
District Commissioner Carey recommended approval
based on staff’s recommendation.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the
Donnie Myers RV PCD Final Site Plan; and authorize the Chairman to execute the
associated Developer’s Commitment Agreement, as shown on page _______, for 5.33
acres located on the southwest corner of Orange Boulevard and Monroe Road, as
recommended by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Kathy Hammel, Planning and Development
Division, addressed the Board to present a request for approval of the Wekiva
Island Final Master Plan and Developer’s Agreement for Wekiva Island Planned
Unit Development (PUD) for 5.5 acres, Wekiva Green Camp, LLC, as outlined in
the agenda memorandum. Staff recommends
approval. She asked that the staff
report be made part of the record.
Upon inquiry by Commissioner Horan, Ms.
Hammel confirmed that the issue concerning the extension of utilities has been
resolved. The applicant confirmed that
everything was okay.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari,
to approve the Wekiva Island PUD
Final Master Plan and authorize the Chairman to execute the associated
Developer’s Agreement, as shown on page ______, for 5.5 acres, as recommended
by staff.
Commissioner Henley commented that this is the most
detailed Developer Commitment he has ever seen.
Chairman Carey stated there was a lot of direction
given at the time it was approved.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND
STAFF BRIEFINGS
The Board noted, for information only, the
Informational Budget Transfer Status Report FY 2011-12.
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COUNTY ATTORNEY’S
BRIEFING
Mr. Applegate stated they distributed a memorandum this
morning in regard to a great decision they received in the Department of
Juvenile Justice matter.
Susan Dietrich, County Attorney’s office,
addressed the Board to state the memo was in connection with an Administrative
Law, week-long hearing held last August involving the Juvenile Detention cost
share; the County is responsible for the pre-disposition costs. She stated the Department of Juvenile Justice
is supposed to come up with one annual reconciliation. They came up with one for the end of the 2009
Fiscal Year and the County paid the additional sum to true it up, which staff
felt was owed. The Department of
Juvenile Justice came back again in March with a second annual reconciliation
asking for another $74,000. At that
point, the County declined to pay the amount and intervened in the hearing that
had already been ongoing. The
Administrative Law Judge just ruled this past week and found that the original
annual reconciliation would stay as to Seminole County and no additional monies
are owed. She reviewed the
administrative process if other parties disagree with the final order.
Ms. Dietrich confirmed with Chairman Carey
that there were a total of 13 counties involved in the case, and the FAC was
also a party.
Commissioner Horan commented that Judge Stevenson
noted in his order, according to the memorandum, that the Department is bound
by law to calculate the actual costs as opposed to estimated costs, which is a
very similar issue to that of the Medicaid situation. The bottom line is that the Executive Branch
of the Legislature is trying to balance their budget at the state level by
putting imposed costs on the local level, and the County has some lawyers that
will take them to court and show how that is wrong. He stated he appreciates Ms. Dietrich’s
efforts in this regard.
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Mr. Applegate stated that this is Ms.
Dietrich’s last appearance as an Assistant County Attorney and commended her for
serving the Commission, the County and its citizens for 21½ years. She will be working under the Clerk of the Circuit
Court, in-house, and wished her all the best.
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Chairman Carey recessed the meeting at 10:05
a.m.,
reconvening at 1:30 p.m., with all Commissioners and all other Officials, with
the exception of Deputy Clerks Terri Porter and Eva Roach who were replaced by
Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner
Dallari, seconded by Commissioner Henley, to authorize the filing of the proofs
of publication for this meeting's scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S CONSENT AGENDA (CONTINUED)
Chairman
Carey informed the Board that during the morning session regarding Item #28A,
Medicaid Back-Billing Issue, there had not been a motion.
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to accept the County
Attorney's recommendation to choose the option to not file a Chapter 120
administrative proceeding with the Division of Administrative Hearings and
authorize payment to AHCA (Agency for Health Care Administration) on or before
September 13, 2012 of the discounted backlog amount of $919,817.36; and
authorize the County Attorney to determine on behalf of Seminole County whether
to remain in the litigation if appropriate.
Districts 1, 2, 3, 4 and 5 voted
AYE.
PUBLIC
HEARINGS
BOARD OF
ADJUSTMENT APPEAL/Salvatore Nunziata
Continuation
of a public hearing from July 24, 2012, request to consider an Appeal of the
Board of Adjustment’s decision to approve a Special Exception to relocate an
existing communication tower in the C-2 (Retail Commercial) district on
property located on the southeast corner of the intersection of Markham Woods
Road and Commerce Park Drive, Salvatore Nunziata.
Chairman Carey advised that she met
with the Department of Transportation (DOT) and American Tower on site. She stated they are looking at other
locations and staff is working with DOT’s staff to look for a more favorable
location. This item will come back to
the Board on December 11, 2012.
Motion by
Commissioner Horan, seconded by Commissioner Dallari, to continue to December
11, 2012 at 1:30 p.m., or as soon thereafter as possible, the request for an
Appeal of the Board of Adjustment’s decision to approve a Special Exception to
relocate an existing communication tower in the C-2 (Retail Commercial)
district on property located on the southeast corner of the intersection of
Markham Woods Road and Commerce Park Drive, as described in the proof of
publication, Salvatore Nunziata.
Districts 1, 2, 3, 4 and 5 voted
AYE.
VERSAILLES PUD f/k/a
HAWTHORNE ESTATES
PUD MAJOR
AMENDMENT AND REZONE/MI Homes
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request for a Major Amendment to the Versailles PUD f/k/a Hawthorne Estates
PUD (Planned Unit Development); adopt an Ordinance enacting the associated
rezone from PUD and R‑1AA (Single‑Family Dwelling) to PUD; approve
the Final Master Plan; approve the Development Order Addendum; and approve Addendum #1 to the Developer's
Commitment Agreement, for 26.08 acres located on the east side of Orange
Boulevard, approximately 1/4 mile north of West SR 46, M/I Homes of Orlando,
LLC, received and filed.
Joy
Williams, Planning and Development Division, addressed
the Board to present the request. Ms.
Williams stated on March 9, 2004, the Board of County Commissioners approved
the Hawthorne Estates PUD consisting of 15.92 acres for a maximum of 36
residential lots. The applicant is
requesting a Major Amendment and Rezone to add 10.16 acres for a maximum of 63
lots. The Planning & Zoning
Commission voted unanimously to recommend approval.
Ms. Williams stated the applicant
is also requesting approval of the Final Master Plan and Amended Developer's
Commitment Agreement. She explained that
the request is compatible with the surrounding land use and zoning
classifications and meets the requirements for the Comprehensive Plan. Ms. Williams stated staff is recommending
approval.
Charlie Madden, Madden Moorhead
& Glunt, addressed the Board to state they have
done several community outreach meetings to address
some issues with some of the neighbors.
Mr. Madden stated he can answer any questions that the Board may have.
No one
spoke in support or in opposition.
District
Commissioner Carey recommended approval.
Motion by Commissioner
Horan, seconded by Commissioner Dallari, to approve a Major Amendment to the
Versailles PUD f/k/a Hawthorne Estates PUD (Planned Unit Development); adopt Ordinance
2012-20, as shown on page _______, enact the associated rezone from PUD and R‑1AA
(Single‑Family Dwelling) to PUD; approve the Final Master Plan; approve
and authorize the Chairman to execute the Development Order Addendum, as shown
on page _______; and approve and
authorize the Chairman to execute Addendum #1, as shown on page _______, to the
Developer's Commitment Agreement, for 26.08 acres located on the east side of
Orange Boulevard, approximately 1/4 mile north of West SR 46, as described in
the proof of publication, M/I Homes of Orlando, LLC.
Districts 1, 2, 3, 4 and 5 voted
AYE.
LAND DEVELOPMENT CODE
AMENDMENT
ORDINANCE
Proof of
publication, as shown on page ________, calling for a public hearing to
consider adoption of an Ordinance amending Chapter 30 of the Land Development
Code to establish zoning regulations regarding Pain Management Clinics,
received and filed.
Nicole
Guillet, Director of Economic and Community Development Services, addressed the
Board to state this is the second of two required public hearings on the
proposed amendment to the Land Development Code. Ms. Guillet stated the Ordinance remains
unchanged from the Ordinance the Board considered two weeks ago. She stated the Ordinance establishes the
definition for pain management clinics as used in the local Ordinance and
establishes C-3 as the zoning district in which the use will be allowed. The Ordinance establishes separation
distances between pain management clinics and other uses. It includes operational standards relative to
hours of operation, parking, queuing of vehicles, requirements for waiting rooms,
and a prohibition of alcoholic beverages on the same site.
Ms.
Guillet explained that there is a companion Ordinance that she plans to bring
to the Board on September 11 which establishes further regulatory
requirements. She discussed a memorandum
(received and filed) with regard to the use of the terms “Urgent Care
Facilities” or “Urgent Care Centers” prepared by the County Attorney’s Office
which explains why that term has been included in the Ordinance. This Ordinance will only apply to properties within
unincorporated Seminole County while the September 11 Ordinance, with further
regulatory requirements, will apply countywide unless there is a conflicting
Ordinance within a city.
Commissioner
Horan advised that despite what the codifier may do, it is the intent of the
Ordinance to have Pain Management Clinics a defined term as defined in the
Ordinance. Ms. Guillet stated they did
make a change and capitalize all of the defined terms and they may or may not stay
that way when codified.
Ms.
Guillet submitted the Orange County’s Task Force Final Report (received and
filed) into the record. She advised that
the report is referenced in the Recitals in the Ordinance.
No one
spoke in support or in opposition.
Motion by
Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt
Ordinance 2012-21, as shown on page _______, amending Chapter 30 of the Land
Development Code to establish zoning regulations regarding Pain Management
Clinics, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted
AYE.
CHAIRMAN’S
REPORT
Chairman Carey stated that she received
a request from the Florida Fish and Wildlife Conservation Commission regarding
the Antlerless Deer Permit application process for the Boar's Nest. She explained that they receive this every
year and the Chairman signs it if it is approved by the Board.
Motion by Commissioner Dallari, seconded
by Commissioner Van Der Weide, to authorize the Chairman to execute the
Antlerless Deer Permit application.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman Carey discussed the
Centennial Festival Sponsorship letter that she circulated to the
Commissioners' offices. She stated they
are going through their vendor list at this time to look at who the people are in
Seminole County that they are aware of.
She suggested that if the Commissioners have any other names that they
would like the letter to go to, they should get the
names to her so she can send it out.
Chairman Carey stated she has talked to the County Attorney regarding
this to ensure they are clear to send this letter to people that the County
does business with and those that want to do business with the County. The County Attorney has authorized the letter
to be sent.
Upon inquiry by Commissioner Van
Der Weide, Chairman Carey stated the rough budget is $100,000. She stated they do not have any money
budgeted at this time. The goal is to
offset any expenses from the County by having Sponsorships available. There is a book being written, which was
underwritten by the Orlando-Sanford International Airport. They will be repaid from the proceeds of the
book. Any money over and above that will
also come to the County. They are trying
to do an honorable Centennial celebration to represent the County. Chairman Carey advised that they will
probably put money into the budget for that with the idea that it will be
offset by the Sponsorship opportunities.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Copy of letter and Consent for Release of
Information dated August 10, 2012 from Senator Bill Nelson to Chairman Carey
regarding Marc L. Robbins and his complaint against Seminole County and loss to
his business from the construction crew in front of his business.
2. Letter dated August 14, 2012 from John Hagan
to Commissioner Carey regarding his property at 591 Lake Minnie Drive in the
Five Points area, available for purchase by the county.
3. Letter and enclosures dated August 15, 2012
from the Florida Department of Revenue to David Johnson, Property Appraiser,
regarding changes to the budget by Florida Department of Revenue that were
necessary based upon their review. Copy
to: Board of County Commissioners.
4. Letter dated August 15, 2012 from Florida
Department of Revenue to Commissioner Carey regarding Tax Collector’s budget
request for 2012-2013. Request for additional information relevant to the Tax Collector’s
budget.
5. Copy of cover letter without attachments dated
August 20, 2012 of Civil Action in Case No. 59-2011-CA-000519 titled Deutsche
Bank Nation Trust Co. v. Ricardo Chevere.
6. Copy of cover letter without attachments dated
August 22, 2012 from Samuel King, Esquire, to Seminole County Board of County
Commissioners regarding Notice of Claim in accordance with Florida Statutes
768.28(6); Claimants: Mary M. Hutchinson and William D. Hutchinson;
D/A: July 1, 2012.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner Henley commented on the County
Manager's report on the neighborhood assessments. He stated for many years they have worked on
a complaint basis but they have taken the initiative to be proactive. After an assessment of all of the various
communities regarding code violations and crimes, they have apparently met with
them and are getting almost 100% compliance. He believes that is a step in the right
direction and stated he appreciated the County Manager's report.
Chairman Carey reminded the Board
that last year they applied some money towards removing some of the code
problems in the various districts and have applied
some money in the budget this year as a continuation of that to try to get some
of those neighborhoods cleaned up.
Commissioner Henley stated part of the money was coming from code
violation fines.
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Commissioner
Dallari stated last week there was a meeting for the Lake Pickett MSBU. Present was Orange County Commissioner Ted
Edwards with his staff, a member from the Seminole County's Stormwater
Department, and about 50 to 60 residents.
He advised that the two staffs will be meeting on September 19 to talk
about some ongoing issues and then it will be brought to the Board with
individual briefings.
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Motion by Commissioner Dallari, seconded
by Commissioner Horan, to adopt appropriate Resolution #2012-R-160, as shown on
page _______, appointing Don Peterson to the Code Enforcement Board for the
remainder of a term ending January 1, 2015.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Motion by Commissioner Dallari, seconded by Commissioner Van Der
Weide, to adopt appropriate Resolution #2012-R-161, as shown on page _______, commending
Harley Parkhurst for his service on the Code Enforcement Board.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Commissioner Dallari requested an
update either today or at the next meeting on the NACo
Dental Discount Program. Chairman Carey
stated they have some items at the next meeting regarding insurance and other
things and suggested that might be a great time to get a report on the NACo Dental Discount Program as well from Risk Management.
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Chairman Carey reminded the Board
that a lot of the appointments expire on January 1. She advised that Commissioner Henley’s aide keeps
a list of appointments. She suggested
the Commissioners take a look at the list so they have time to make those
appointments. She stated there are a
couple of vacancies that probably need to be filled.
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Commissioner Horan reported that he
is the County's liaison to YouthBuild and explained
they have lost funding through the Department of Labor. YouthBuild was
originally set up with some contributions from the City of Sanford in terms of in-kind
contributions. He explained the
organization is attempting to transform itself by placing it within the
Seminole County Public School System.
The administrator is getting certified as a Public School teacher and
her salary will be carried by the Public Schools. He stated he may be coming to the Board in
the coming months with some information and proposals and wanted to give the
Board a heads-up.
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Commissioner Horan reported that he
is the liaison to the Boys and Girls Club.
He advised their major fundraiser is coming up on October 10 and is
called “Faces of the Future.” He has
some information and will be sending it to the Commissioners about how they can
participate in the fundraiser. There are
three facilities in Seminole County. Of
all of the 1,288 juveniles who were members of the Boys and Girls Club in 2011,
there were zero arrests; no pregnancies; and 100% of the Seminole County club
members who were high school seniors during 2010-2011 graduated. He stated that it is a very effective program
and hopes they can get support.
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Commissioner Horan stated he will
be attending the United Arts annual day-long planning session on September 6 in
downtown Orlando. He stated he is
assisting the local Seminole County Cultural Arts Council with some fundraising
efforts separate and apart from that.
The day-long planning session will also focus on Wayne Densch and the
Seminole Cultural Arts Council (SCAC) and their efforts as well.
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Commissioner Horan advised there
will be a Redevelopment Planning Agency (RPA) meeting this Thursday with a very
full agenda. He stated the staff of the
CRA and Economic Development have been very busy.
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Commissioner Horan stated that in
regards to the Seminole Centennial, SGTV will be doing several segments, in particular,
as it relates to the history being supported by the contribution from the
Airport Authority.
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Chairman Carey noted the Midway
Community Center will be open for activity effective September 1. The Weed and Seed meeting that is held on the
first Thursday of every month will be held there in September.
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Chairman Carey advised that the new
otter exhibit at the Central Florida Zoo will be open to the public this
Saturday.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 1:55 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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