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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