BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 13, 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, September 13, 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)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Pastor Ron Williams, Palmetto Avenue Baptist Church, Sanford, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Dallari, seconded by Commissioner Henley to adopt appropriate Resolution #2011-R-156, as shown on page _________, recognizing Allen Coop for 28 years of service and dedication to Seminole County and its citizens upon his retirement from the Public Safety Department on July 31, 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Mr. Coop, who addressed the Board to express his appreciation.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2011-R-158, as shown on page ________, recognizing Peter Giglietta for 37 years of service and dedication to Seminole County and its citizens, upon his retirement from the Public Safety Department on July 31, 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Chief Leeanna Mims, Public Safety Department.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2011-R-157, as shown on page _________, recognizing Rick Cosentino for 26 years of service and dedication to Seminole County and its citizens, upon his retirement from the Public Safety Department on August 27, 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Mr. Cosentino, who addressed the Board to express his appreciation.
Henry Scarfo, Chairman, Committee on Aging, addressed the Board to give an update on the elements and details of the Elder Transportation Program, possible Operational Partners, and possible funding alternatives. He stated the Board approved a resolution on World Elder Abuse Day over three months ago and he explained why that resolution is so significant and challenges that the County, State and the Country are going to be facing as seniors continue to age in America. He displayed a PowerPoint Presentation (received and filed) and began reviewing the following topics: Today’s Objectives; the Committee on Aging Purpose and Mission; and Six CFAL Initiatives. He introduced five members of the Committee on Aging (COA) group that were in attendance today and recognized those who were not in attendance. He continued by discussing The Silver Tsunami Basic Needs; What COA has been doing relating to Public Awareness and Involvement; What We’ve Learned relative to Home and Neighborhood, Transportation, and Health, Human Services & Safety; COA’s Two Recommendations; and We Recognize the Challenges. He stated he provided the Board with a one-page summary (received and filed) on what the COA is proposing to the Elder Transportation Program.
Upon inquiry by Commissioner Van Der Weide, Mr. Scarfo advised the COA understands that they are on the tail-end of the County’s budget process. The COA just recently put all of the details together with the Senior Intervention Group to be assured that they would have service that would deliver upon what they are requesting.
Commissioner Van Der Weide suggested that the COA contact staff to see what the situation is as they are around the corner of discussing community services funding.
Mr. Scarfo stated he feels it would be helpful if the Board is supportive of what the COA is requesting, and to convey that to staff so that they know that they have the support and the authority to move forward.
Chairman Carey stated most of the County’s monies have been allocated, but they can discuss this issue.
Upon inquiry by Commissioner Dallari, Mr. Scarfo advised Access Lynx does provide services to seniors, but they found out that it does not always connect to the trunk lines in a manner that is useable and convenient without long waits.
Commissioner Dallari stated if a person calls two hours in advance, the pick-up line will pick up the rider at his door and deliver him to an exact location.
Mr. Scarfo stated the seniors are using that service but the feedback that he is hearing is that it is not always accessible at the time the people need it. There are also other paid services available, but some services are very expensive and those people in need of transportation are more disadvantaged and cannot pay that kind of money.
Commissioner Dallari requested that staff set that money aside so the Board can discuss with staff how that will actually work so the Board can properly vet it. He stated he is not requesting the Board to grant it but to make sure that they are looking at all aspects of serving the whole population of the County including the senior citizens.
Chairman Carey stated the Board can discuss this at their budget work session.
Upon inquiry by Chairman Carey, Mr. Scarfo advised he will be happy to meet with staff in providing information as to who will pay for the gas of a new van and how they are going to operate it.
Chairman Carey stated the Board needs to understand how the COA’s program may work.
Commissioner Henley stated it is evident that the public transportation in Seminole County is woefully lacking and that’s because the Board never made it a priority to try to provide more services. This is something that needs to be dealt with in the near future. He stated he would like the Board to receive a complete copy of this report. He said he also believes the Board needs to set aside some money as this is a priority in trying to meet the needs that has been identified.
Commissioner Horan stated he has an 88-year-old mother and he is familiar with the problem. He stated he serves on the Transportation Disabled Local Coordination Board for Lynx and he has not heard anything from the COA concerning needs and how they can leverage those needs.
Mr. Scarfo stated the COA has met with Lynx in trying to work towards the New Freedom grant monies; and the priorities that Lynx has have not been centered in Seminole County. They have been centered on budget issues and other servicing issues primarily in Orange County. The COA has not had a great deal of responsiveness from Lynx to have an active or proactive dialogue.
Commissioner Horan stated the Coordination Board will be talking about funding for additional vehicles for disabled people and their focus was on Osceola and Orange counties. He said he posed a question to the Coordinating Board as to where the services were being focused for Seminole County. He stated he would like to know more about how this is going to work in conjunction with the other coordinated programs before the Board spend $50,000 on this.
Mr. Scarfo stated the Senior Intervention Group was initiated under the sponsorship of the Lake Mary Police Department. Linkage is growing in providing all kinds of senior services in the county and they see this as a tie with the County and City police departments and the Senior Intervention Group. The police departments will have an opportunity to transfer requested services that are burdening city services.
Chairman Carey stated the Board is in agreement to discuss this further, and Mr. Scarfo will provide staff with a plan of how they will implement this so they can see if it overlaps. The budget hearings will be held this month and the Board can make changes to the budget during the mid-year adjustments should they choose to do this. She added Lynx is going to look at how they are going to include Seminole County in the expansion of services.
Larry Strickler, Economic Development Task Force, addressed the Board to present the Strategic Plan for Economic Development in Seminole County. He stated independent private sector business leaders volunteered their time in working with paid consultants to develop a strategic plan for economic development for the Seminole County community. He stated through the input from the County, cities, chambers and other entities, the Task Force came up with a lot of candidates (26) that were willing to serve. He stated the Task Force has provided a highlight of the Economic Development Plan (CD received and filed) and the Task Force feels it will provide a good road map towards an economic development plan that is unique to Seminole County. The Task Force feels that even though it is a road map, the route and journey is up to the County. All of the information was gathered from six months of meetings and presentations by local and regional groups from transportation to education, etc.
Mr. Strickler stated during the current recession, other communities are aggressively refocusing efforts on economic development. The Task Force feels that Seminole County needs to join in; otherwise, they are going to get left behind. There needs to be a more comprehensive approach among the County, cities, other economic development organizations, and other regional organizations. The Task Force feels that it is critical that the County invite the cities into the economic development process; whether the cities engage in it is up to them. The Task Force felt that the cities need to be encouraged to participate if they are going to have a real comprehensive effort. There should be a strong emphasis on business retention and expansion for medium and small employers as well as support for entrepreneurs. Today’s economists indicated that this is where job growth will emerge and not from the large Fortune 500 companies. Recruiting new employers to Seminole County still has value, but they need a reasonable and balanced approach to realize a return on investment.
Mr. Strickland stated 19 of the 26 Task Force members have agreed to remain engage through an independent committee to serve as advisors and ambassadors for the overall economic development efforts in Seminole County. The Task Force hopes the Board will see this volunteer committee as a valuable asset for Seminole County. There is a lot of assessment information in the plan and a lot of inventory required for economic development planning. There is a list of eight recommended action items and they need to be implemented in some form or fashion. The Task Force strongly recommends that the Board accept this report, financially support the project (whatever the Board defines the project to be), endorse and encourage the establishment of this committee to continue in existence as a valuable asset, and invite the cities to join in. There will be full accountability for the dollars invested in economic development, whether it is performed by the County or via a contract. All contracts should be performance based with measurable performance standards and return on investment measures. The Task Force also feels that from a timeline standpoint, whatever the Board comes up with, should be for three years as that will allow them enough time for trend lines and analysis of measurements.
Bob Burke, Economic Development Task Force, addressed the Board to state the Task Force is self funded and will not be asking for any funds for its existence or the cost of a meeting place. The business representatives are committed to the future and success of this county and they realize the value that exists within this county. The Task Forces knows that they are creating competition for new and existing businesses.
Mr. Strickler stated everyone knows that times have changed and it is time for Seminole County to move forward again. He asked the Board to accept this report and bring back a specific plan soon.
Motion by Commissioner Henley, seconded by Commissioner Dallari to receive the Strategic Plan for Economic Development; and instruct the County Manager to schedule a work session to present a plan that he feels is viable.
Under discussion and upon inquiry by Commissioner Dallari, Chairman Carey advised she feels the work session should be scheduled as soon as possible.
Commissioner Van Der Weide stated he has reviewed the report and he feels there are some figures in it that he doesn’t agree with. He stated the County Manager seems to be comfortable with it, and this will be a wonderful thing if it all works out.
Commissioner Horan thanked the Task Force for doing a good job on this and stated that he has some questions.
Commissioner Dallari stated he has spoken to a lot of different organizations statewide and no one has ever taken on this type of endeavor. He stated he is amazed about how much information is provided and he sees a lot of great things coming out of this endeavor.
Commissioner Henley stated part of the recommendation is to endorse a continuing committee. He requested that the County Manager bring forth at the work session a critical path along with a timeline of what they would like to accomplish and when.
Mr. Hartmann stated he feels implementation is going to be a key and some of it lends itself to a sequence of events. He stated he is planning to work with staff to figure out a timeline and how to sequence the various pieces of it. He said he will schedule this in the next 30 days.
Chairman Carey stated the County needs to make sure what they are doing is the right thing and their success measured to make sure they are doing the right thing.
Commissioner Henley suggested that they do a thorough review of what the Tourist Development Council does in relationship to getting the word out about Seminole County and Economic Development.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley stated he asked Mr. Strickler, when he made a presentation for the Workforce, if he had any idea as to the number of small and large businesses that have closed their doors in Seminole County.
Mr. Strickler stated he does not have the number for that at this time.
Charles Gambaro, 2095 Chapman Woods Place, addressed the Board to request that Item #13, Award CC-6600-11, be moved from the Consent Agenda to the public portion of the meeting. He stated the residents in the area do not object to the Chapman Road expansion, but they believe that the recommendations of Chapman Road need to be looked at again. He displayed and reviewed an aerial (received and filed) showing a misaligned intersection on West Mitchell Hammock Road and photographs (received and filed) of the median of the misaligned roads. He added he is requesting the Board lift the restrictions that they have by the current design today if possible. He said he believes that the traffic separators planned along Chapman Road separating the eastbound three lane and the eastbound turn movements, in addition to the medians, and the directional islands, require police and emergency vehicles to negotiate head-on traffic to gain access into Chapman Woods Place. There is an island in that area that further restricts turning into the neighborhood. He concluded he believes that staff needs to look at the access management plan once more.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, addressed the Board to advise that staff is requesting two consultants instead of one for Item #12, Approve ranking list and to negotiate rates for PS-6658-11, and they would like to modify some of the language to include S2L, Inc. as the primary consultant, and Brown and Caldwell as the secondary consultant.
Upon inquiry by Chairman Carey, Ray Hooper, Purchasing and Contracts Manager, addressed the Board to advise the contract in the backup is a generic draft, staff will do the negotiations and they will finalize the contracts. He stated the motion would be to allow staff to negotiate two miscellaneous master agreements with the primary and secondary consultants.
Mr. Hartmann stated staff replaced page 16 of the agreement for Item #16, Award RFI-601117-11, due to a typo on the signature page. He stated he would like to pull Item #54, Proposed Amendment to the Land Development Code for Uniform Numbering Systems, under the Public Hearings, to be brought back at a later date.
Commissioner Henley stated he would like to continue Item #26, Approve city of Lake Mary Interlocal Disaster Debris Site Agreement, as he is concerned that staff wants to use the soccer fields for debris storage. He stated they need to realize it will take some time to work through recovery and he would like to continue it in order to give staff an opportunity to look at other locations, such as 46A near Upsala Road or even at Yankee Lake. He stated he has concerns with damaging those fields as it will take some time to get them into playing shape.
Commissioner Dallari stated he would agree continuing this item or pull it for a separate vote. He stated it took some time to clean up the sites after the hurricanes hit in 2004. He added he feels that the 28 acres near the airport is another good example to store the debris.
Chairman Carey stated the reason she wasn’t going to object to this item is the contract had termination language in it and they could change it at any time. She stated she will pull it for a separate discussion.
Commissioner Dallari stated Item #7, Approve Sole Source Procurement for CAD Analyst/ADAM, and Item #16, Award RFI-601117-11, deals with the fire services, and he wants to make sure that the County is purchasing all the necessary modules and they are not piecemealing it.
Tad Stone, Public Safety Director, addressed the Board to state this is the last of an add-on to the CAD and it allows them to do evaluations to the current run data.
Commissioner Dallari stated he would like Item #13, Award CC-6600-11, pulled for a separate vote.
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize and approve the following:
County Manager’s Consent Agenda
County Manager’s Office
5. Approve and authorize the Chairman to execute a Second Amendment, as shown on page ________, to Civil Traffic Hearing Officer Service Agreements for each of the following Hearing Officers: Christopher H. Morrison, Charles J. Cino, Joseph C. Perzan, John A. Pascucci and Ava Tunstall, effective the date of execution by the County and remaining in effect until September 30, 2013, unless terminated as set forth in the Agreement.
Purchasing & Contracts Division
6. Approve SS-601225-11/BJC - Proprietary Source Procurement and authorize the issuance of Purchase Order(s) for the acquisition of SunGard Electronic Plan Review Application with SunGard Public Sector, Lake Mary.
7. Approve Sole Source Procurement and authorize issuance of Purchase Order(s) for CAD (computer aided dispatch) Analyst/ADAM (apparatus deployment analysis module) for use with the BARB (box area run builder) to Deccan International, San Diego, CA.
8. Approve Amendment #1, as shown on page ________, to IFB-600562-09/GMG – Term Contracts for Pavement Management Program with Orlando Paving Co., Orlando, and The Middlesex Corporation, Littleton, MA; and authorize the Purchasing and Contracts Division to execute the Amendment.
9. Approve Amendment #1, as shown on page _________, to RFP-4265-06/GGM – Term Contract for Utilities Mowing, Landscaping and Maintenance Services with Ott Landscape Maintenance, Inc., Deland, FL.
10. Approve Amendment #5, as shown on page ________, to PS-5120-02/BJC (General Engineering Consultant Services) for the Public Works Department with Atkins North America, Inc. to extend the Master Services Agreement (MSA) through December 15, 2012, and provide for a single one (1) year Renewal Option; and authorize the Purchasing & Contracts Division to execute the Amendment.
11. Approve Amendments, as shown on page ________, for the following multiple Consultants: Aecom Technical Services, Inc.,; CPH Engineers, Inc.; HDR Engineering, Inc.; Malcolm Pirnie, Inc.; Reiss Environmental, Inc.; Atkins North America, Inc.; Camp Dresser & McKee, Inc.; and Woolpert, Inc., under PS-1529-06/DRR - Master Services Agreements (MSA) for Continuing Engineering Services for Capital Improvement Projects for the Environmental Services Department to extend the MSA through March 5, 2013, and provide for a single one (1) year Renewal Option; and authorize the Purchasing & Contracts Division to execute the Amendment.
12. Approve the ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA), and authorize the Purchasing & Contracts Division to execute a Master Services Agreement (MSA), as shown on page _________, with S2L, Inc. as Primary, and Brown & Coldwell as secondary consultants, for PS-6658-11/DRR - Central Transfer Station Engineering Services (Estimated Annual Usage of $75,000.00).
14. Award CC-6879-11/JVP, as shown on page ________, Bel Aire Hills Wall Replacement, in the amount of $370,676.80 (for Option #2) to Seminole Walls, LLC, of Oviedo, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.
15. Award CC-6893-11/RTB, as shown on page _______, Roof Replacement, Electrical and Mechanical Work at Seminole County Civil Courthouse, in the amount of $2,074,993.00 to Southern Roofing Company, Inc., of Orlando, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.
16. Award RFI-601117-11/TLR, as shown on page _______, Fire Department Records Management Software to Image Trend, Inc., Lakeville, MN and authorize the Purchasing and Contract Division to execute the Agreement.
17. Award RFP-601176-11/BJC, as shown on page _______, Collection Services to Client Services, Inc., St. Charles, MO, for Collection of Delinquent Accounts for Animal Services, Environmental Services Water & Sewer Division; Environmental Services/Solid Waste Division; and EMS/Fire/Rescue Division; and Unique Management Services, Jeffersonville, IN, for the Collection of Delinquent Accounts for Library Services and authorize the Purchasing and Contracts Division to execute the Agreements (Revenue Contract).
18. Mutual Termination of Agreements, as shown on page _________, for IFB-600963-10/TLR - Term Contract, as shown on page ________, for Planting Bed Maintenance and IFB-601015-10/TLR - Term Contract for Lawn Care Services, Fertilization Pest and Weed Control with Helping Hand Lawn Care, Inc., Sorrento.
19. Approve and authorize the Chairman to execute a Letter of Agreement, as shown on page _______, between Seminole County and the State of Florida's Agency for Health Care Administration ("AHCA") for $74,902.00 as a local cash match to increase the provision of health services for the Medicaid, uninsured, and underinsured residents of the Seminole County which will be provided by Central Florida Family Health Center in Sanford.
Solid Waste Management
20. Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Container Rental Company, Inc., from October 1, 2011 to September 30, 2012.
21. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _________, for Great Lakes Electronics/Almet, Inc.
22. Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Veolia ES Solid Waste Southeast, Inc. from October 1, 2011 to September 30, 2012.
23. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _________, for Orlando Waste Paper Company, Inc.
24. Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Management Inc. of Florida from October 1, 2011 to September 30, 2012.
25. Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Pro of Florida, Inc. from October 1, 2011 to September 30, 2012.
27. Approve and authorize the Chairman to execute Certificate of Public Convenience and Necessity, as shown on page _________, for SP Recycling Corp.
28. Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Republic Services of Florida, LP, from October 1, 2011 to September 30, 2012.
29. Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Waste Services of Florida, Inc., from October 1, 2011 to September 30, 2012.
30. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-159, as shown on page ________, implementing Budget Amendment Request (BAR) #11-93 through the ARRA - Energy & Conservation Block Grant Fund, Facilities Maintenance Fund and the General Fund in the amount of $813,593 to reallocate grant funding to the Public Safety Roof Project (00273912) and balance the personal service allocations.
31. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-160, as shown on page _________, implementing Budget Amendment Request (BAR) #11-94 through the 2001 Infrastructure Sales Tax Fund in the amount of $125,000 to establish and fund the Oranole Road Drainage Improvements project.
32. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-161, as shown on page _________, implementing Budget Amendment Request (BAR) #11-95 through the Workers' Compensation Fund in the amount of $100,000 to increase funding for claim disbursements.
33. Approve and authorize the Chairman to execute a Budget Change Request (BCR) #11-13, as shown on page _______, through the Water & Sewer Operating Fund in the amount of $300,000 to establish a project for the Unidirectional Flushing Program.
34. Approve and authorize the Chairman to execute Budget Change Request (BCR) #11-14, as shown on page _________, through the General Fund in the amount of $115,000 to create a project (70000005) and provide funding for an E-Permitting Solution.
Planning & Development Division
35. Approve and authorize the extension of the Performance and Payment Agreements for Water and Sewer and for Roads for the Rockefeller Group Corporate Center until January 1, 2016 (Akerman Senterfitt); authorize Chairman to execute the First Amendment for Water and Sewer and First Amendment for Roads, as shown on page ________.
36. Authorize the Chairman to execute a Satisfaction of Lien, as shown on page ________, in the amount of $1,071.66 on 336 Allison Avenue, Longwood; Tax Parcel #01-21-29-5CK-110D-0010; previously owned by Gary Martino and Gary Grass, and currently owned by Christopher Oddo and Krystle Kulpack; (Federal Home Loan Mortgage Corporation).
Greenways & Natural Lands Division
37. Approve and authorize the Chairman to execute the Purchase Agreement, as shown on page ________, for Parcel #36-19-32-3AD-0150-0000 located on Osceola Road, Geneva, Florida, owned by Neil A. Villeneuve Rep. for the estate of Ronald N. Villeneuve, for a purchase amount of $72,500.00.
38. Adopt appropriate Resolution #2011-R-162, as shown on page ________, and authorize the Chairman to execute County Deed, as shown on page ________, conveying County-owned property necessary to construct or improve State Road 415 (FDOT Parcel Number 100.1R).
39. Adopt appropriate Resolution #2011-R-163, as shown on page __________, and authorize the Chairman to execute County Deed, as shown on page _________, conveying County-owned property necessary to construct or improve State Road 15/600 (U.S. Highway 17/92) (FDOT Parcel Number 116.2).
40. Adopt appropriate Resolution #2011-R-164, as shown on page _________, and authorize the Chairman to execute County Deed, as shown on page _________, conveying County-owned property necessary to construct or improve State Road 15/600 (U.S. Highway 17/92) (FDOT Parcel Number 117.1R).
41. Adopt appropriate Resolution #2011-R-165, as shown on page ________, and authorize the Chairman to execute County Deed, as shown on page _________, conveying County-owned property necessary to construct or improve State Road 400 (Interstate 4) (FDOT Parcel Number 173.1R).
Traffic Engineering Division
42. Adopt appropriate Resolution #2011-R-166, as shown on page __________, and authorize the Chairman to execute a Joint Participation Agreement (JPA), as shown on page _________, between Florida Department of Transportation and Seminole County for the Seminole County Phase II Advanced Traffic Management System (ATMS).
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari stated he is in favor of the road widening project of Chapman Road (Item #13, Award CC-6600-11), but he does have some additional concerns on the access management plan. He stated he would like to continue this item for two weeks to allow him and staff time to address other concerns that came to his attention.
Motion by Commissioner Dallari, seconded by Commissioner Henley to continue to September 27, 2011, request to Award CC-6600-11, Chapman Road, in the amount of $7,429,253.54 to P&S Paving, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley stated he would like to continue Item #26, Approve city of Lake Mary Interlocal Disaster Debris Site Agreement, for the reasons he previously stated. This will allow staff time to make alternative selections for approval.
Motion by Commissioner Henley, seconded by Commissioner Dallari to continue request to approve the city of Lake Mary Interlocal Disaster Debris Site Agreement.
Under discussion and upon inquiry by Commissioner Dallari, Commissioner Henley stated he would hope staff can get something done on this in two weeks.
Mr. Hartmann stated staff will bring this back as soon as possible.
Chairman Carey stated the County has other agreements in working with various cities and staff needs to identify raw land and not soccer fields.
Mr. Hartmann stated he submitted another list of approved sites late yesterday and he will review that with staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize the Chairman to execute the Satisfaction of Final Judgment, as shown on page _________, assessing Attorney’s fees and costs in the case of Linda Marie Davis a/k/a Linda M. Wright, for Case #93-03655-CFA in the amount of $200.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize and approve the following:
44. Expenditure Approval Lists, as shown on page _________, dated August 8, 15 and 22, 2011; and Payroll Approval Lists, as shown on page _________, dated August 4 and 18, 2011; Approval of BCC Minutes dated August 9, 2011; and noting, for information only, the following Clerk’s received and filed:
1. Parks Contract, as shown on page ________, with Gayle Collins.
2. Change Order #7, as shown on page _________, to CC-4626-09.
3. Development Orders, as shown on page _________, for Highway 17-92 North (vacant lot), National Retail Properties, Inc.; and BSP/Carrigan-Alafaya (Lot 2), CNL Bank.
4. Contract #601165-11, as shown on page ________, with Blackstreet Enterprises.
5. Change Order #1, as shown on page _________, to Work Order #64 for CC-1284-06.
6. Work Order #1, as shown on page _________, to RFP-5706-10.
7. Consummating Order from the Florida Public Service Commission regarding Docket No. 110092-EI, Progress Energy Florida, Inc.
8. Fourth Amendment, as shown on page _________, to RFP-600326-08, ABC Home and Commercial Services.
9. Second Amendment, as shown on page _________, to Term Contract IFB-600966-10, Petroleum Equipment Construction, Inc.
10. Term Contracts IFB-601101-11, as shown on page _________, with Transportation Control Systems, Inc. and Engineered Castings, LLC.
11. Change Order #4, as shown on page ________, to RFP-5751-10.
12. First Amendment, as shown on page _________, to Agreement RFP-600933-10, Copytronics, Inc. d/b/a Copytronics Information Systems.
13. Work Order #90, as shown on page _________, to PS-5120-02.
14. Work Order #11, as shown on page _________, to M-5004-09.
15. Work Order #1, as shown on page _________, to RFP-5847-10.
16. Memorandum to James Hartmann, County Manager, from Rick Johnson, Senior Technician, and Laurie H. Coleman, Accountant, Traffic Engineering, regarding unauthorized commitment, as shown on page _________, per Section 220.16, 3M Company, Osceola County Contract #AR-08-518-LM.
17. Parks Contract, as shown on page _________, with William Joseph White.
18. Closeout, as shown on page _________, of Work Order #63 to CC-2184-06.
19. Amendment #2, as shown on page __________, to Work Order #45 for PS-5174-04.
20. Change Order #2, as shown on page _________, to Work Order #9 for CC-2183-07.
21. RFP-601196-11 Agreement, as shown on page _________, with Shoemaker Construction Co., Inc.
22. Change Order #2, as shown on page _________, to Work Order #35 for CC-2184-07.
23. First Amendment, as shown on page _________, to RFP-600062-06 Term Contract with Nils Humberg Enterprises, LLC d/b/a Ace Flow Control.
24. Work Order #20, as shown on page ________, to CC-2183-07.
25. Amendment #3, as shown on page _________, to Work Order #7 for M-5004-09.
26. Amendment #4, as shown on page _________, to Work Order #3 for M-5004-09.
27. Change Order #1, as shown on page _________, to CC-6792-11.
28. Amendment #1, as shown on page _________, to Work Order #9 for PS-5438-10.
29. Amendment #3, as shown on page ________, to Work Order #48 for PS-5174-04.
30. Development Order, as shown on page _________, for 7313 Grant Avenue, Thomas A. & Marianne M. P. Hunt & Amiee E. Hunt.
31. Closeout, as shown on page _________, of Work Order #2 to CC-5075-10.
32. Work Order #21, as shown on page ________, to CC-2183-07.
33. Term Contract RFP-601192-11, as shown on page _________, with Mac Trailer Manufacturing, Inc.
34. Change Order #1, as shown on page _________, to Work Order #5 for CC-5075-10.
35. Amendment #2, as shown on page _________, to Work Order #28 for PS-5190-05.
36. Amendment #1, as shown on page ________, to Work Order #1 for PS-4650-09.
37. Fifth Amendment, as shown on page _________, to Term Contract RFP-600326-08, ABC Home and Commercial Services.
38. Work Order #14, as shown on page _________, to PS-2249-07.
39. Development Orders, as shown on page _________, for the following: 440 Willowbrook Lane, James & Eveland Wright; 131 Stoney Ridge Drive, Marilyn L. Zastrow; 618 Durango Way, Allan O’Brien; 3017 Nicholson Drive, William & Gerry Stone; 5656 Bear Stone Run, Robert L. & Jami D. Parkhill; 1550 North Street, David Williams; 1619 Bear Lake Road, Elmer & Marina Nieves; 105 Hattaway Drive, Luis & Ivonne Cardenas; and 1247 Dunbar Street, Thomas & Annie Schworm.
40. Change Order #5, as shown on page _________, to CC-5083-10.
41. Change Order #1, as shown on page _________, to Work Order #68 for CC-1284-06.
42. Change Order #1, as shown on page _________, to CC-6035-10.
43. Cash Maintenance Bond, as shown on page _________, for Water and Sewer for the project known as Terracina @ Lake Forest, Phase 5, in the amount of $1,816.
44. Change Order #1, as shown on page _________, to CC-6365-11.
45. Bids as follows: CC-6600-11; #601196-11; CC-6877-11; CD for CC-6591-11; CC-6784-11 & CD; CD for PS-6658-11; CC-6783-11; RFQ-601210-11; RFQ-601206-11; CC-6893-11; and CC-6863-11.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize and approve the following:
45. Approval to expend $5,000 from the Law Enforcement Trust Fund to provide for a contribution to the Center for Victim Recovery.
46. Approval to contribute $27,320.00 from the Law Enforcement Trust Fund to provide funding in support of “Challenge Day”, a nationally recognized program being hosted by Lake Mary High School. The following four (4) Seminole County high schools will participate: Lake Mary High School, Lake Brantley High School, Lyman High School and Seminole High School.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey recessed the meeting at 10:40 a.m., reconvening it at 10:50 a.m., with Clerk of Court Maryanne Morse entering late.
Sabrina O’Bryan, Fiscal Services, addressed the Board to submit a copy of the Legislative Priorities and Issues (received and filed).
Clerk of Circuit Court, Maryanne Morse, entered the meeting at this time.
Ms. O’Bryan stated the Legislative session will begin on January 10, 2012. The local delegation will be here on Friday, September 16, 2011 at 9:00 a.m. to receive input from the community as well as the BCC on their legislative priorities. The Florida Association of Counties (FACo) policy conference is scheduled for September 21 through 23, 2011; and there will be a large amount of work done at the table with local leaders in attacking major issues that they would like FACO to support next year. She submitted a copy (received and filed) of MetroPlan Orlando’s transportation priorities. She began by reviewing page 1 of the priorities by stating staff is recommending reinstating the Seminole County Expressway Authority. Staff is also recommending support of the following: increase of the portion of the driver’s license fee retained by the Tax Collector, MetroPlan Orlando transportation priorities, and the Lynx legislative priorities. She stated the Lynx priorities are still in draft and the Lynx is scheduled to vote on those on September 29, 2011. Staff has reviewed them and they are also contained within the MetroPlan’s priorities.
Commissioner Dallari stated he would like to obtain the School Board’s priorities and the Board may be able to make an addendum on this include their priorities as well, if the Board concurs.
Chairman Carey stated one of the things the School Board is going to discuss with the Legislature is to be included as a potential to share the charter county transit tax. As it stands today, they would not be able to use any of that. She stated the School Board will make their presentation on September 16 and the County has a number of things they need to focus on.
Commissioner Henley stated he and Mr. Hartmann attended the Mayors and Managers’ meeting and that was a topic of discussion quite extensively. The School Board wanted the County to propose the Legislation change and he took the position that since they would be the beneficiary, they should initiate it. He stated he was going to ask for consensus from the BCC to support the effort rather than them taking the lead in it. A couple of the cities indicated that if the School Board was planning to go forth with an increase in their millage, they would not support that and also being included in this. He said he feels that the School Board may not move forward with it. He added the legislative issue has not passed yet so why would they be concerned about the millage. The School Board could also approve the millage for one year and that would give them time to get the other legislation introduced and passed.
Commissioner Dallari stated his issue is not just the transportation tax; and if the Board could give assistance that they agree on, he would like to see if they could include it in their priority list.
Deputy County Manager, Joe Forte, addressed the Board to state staff will provide a copy of the School Board’s priority list to each Board member.
Chairman Carey stated she and Mr. Hartmann met with Senate President Haridopoulis and Senator Simmons and they discussed the main things that are important to this county. She stated she also met with Representative Metz and they requested that the County modify the statute as to how they would like to see it and then submit it to them. The County has a number of projects, such as Wekiva Parkway and Consumptive Use Permits that are priorities. The County needs to pick the priorities that will be important to them.
Commissioner Henley stated he suggested at the Mayors and Managers’ meeting that each of the unfunded mandates needs to be identified as well as the fiscal impact that adds to a local budget.
Chairman Carey stated she feels a top priority that needs to be on the list are the pain clinics as that is a serious situation.
Commissioner Dallari stated what staff has done is very clear and he is in favor of it.
Motion by Commissioner Dallari, seconded by Commissioner Henley to approve the 2012 State Legislative Priorities and Issues List; and include on the list the support of the legislation referencing the pain clinics and internet gambling.
Under discussion and upon inquiry by Commissioner Henley, Chairman Carey advised Seminole County will be taking a position on reinstating the Expressway Authority as well as supporting the Wekiva Parkway.
Commissioner Dallari stated his position is if the County is reinstating the Seminole County Expressway Authority, they will be a stand alone Expressway Authority.
Ms. O’Bryan stated she had a discussion with the County’s lobbyist on whether or not the combining effort would come back, and Mr. Brantley indicated that the action that was taken last year took care of the underlining budget-related concerns for the other entities, and he didn’t expect that to come back.
Ms. O’Bryan referred to a typo on page 2, the word potion was changed to portion, and staff is proposing to strike the local ordinance violation caps on page 3. She stated those have been increased from $500 to $1,000.
Commissioner Dallari stated his motion includes the package that was submitted to the Board with the revisions.
Upon inquiry by Commissioner Horan, Ms. O’Bryan advised the pain clinic issue was in a prior copy from last year and the language was very general about asking the State to take care of state issues relating to gambling and pain management.
Chairman Carey requested that staff put this issue back in.
Commissioner Horan stated he wanted it to be clear that internet gambling and pain clinics are priorities.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated Representative Metz talked about Enterprise Zones, and Florida established an Enterprise Zone Program in 1982 and there are probably areas in Sanford and other parts of the County that could be deemed as Enterprise Zones. Representative Metz wanted to know if Seminole County wants to look at Enterprise Zones and if they want to pursue those. She stated Representative Metz researched the State Enterprise Zones and Seminole County doesn’t have any. She asked if the Board would like to take that issue up.
Commissioner Van Der Weide stated he feels the County needs to incorporate Sanford, Altamonte Springs and potentially Oviedo and Winter Springs to get them on board.
Commissioner Henley suggested that the County Manager have staff to locate appropriate zones to bring back to the Board.
Chairman Carey recommended that the County Manager bring this issue up at the Mayors and Managers’ meeting.
Mr. Hartmann stated staff has reviewed this over the past few days and there are probably some areas that they feel may be conducive to Enterprise Zone status. This is a good economic development discussion to have with the cities to identify that as a possibility. It may not be right for legislation this year, but, it is a piece of an economic development plan that the County could have some distinct benefit for the future. It could also bolster some employment in the areas that need it.
Chairman Carey stated she would like the Board to pursue this issue. She stated if the Board has an economic development work session, the next thing she can see happening is having a work session with the cities to discuss things they can do with the economic plan and the enterprise zones would be one of those.
The consensus of the Board was to move forward with the Enterprise Zone issue.
Brian Walker, Growth Management, addressed the Board to present request to approve the Lake Jesup Estates Final Master Plan and Developer’s Commitment Agreement on approximately 35.10 acres; located at the south end of Lake Avenue, approximately ¼ mile south of Cadillac Street, Harling, Locklin & Associates. The Board approved the Preliminary Master Plan, Development Order and Rezone on December 8, 2009, subject to conditions reflected in the development order. Staff recommends approval of the request.
District Commissioner Carey recommended approval of the request.
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan to approve the Lake Jesup Estates Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, on approximately 35.10 acres; located at the south end of Lake Avenue, approximately ¼ mile south of Cadillac Street, Harling Locklin & Associates.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Horan to approve a Special Event Permit for the Iron Butterflies Family Picnic Fundraiser at Lake Mills Park scheduled for September 24, 2011 from 8:00 a.m. until 4:00 p.m., Patrick Mahoney, subject to staff recommendations and conditions outlined.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Horan to approve the Special Event Permit for horse shows at 1968 Lake View Avenue scheduled for September 17, 2011 from 8:30 a.m. until 5:00 p.m.; October 29, 2011 from 8:30 a.m. until 5:00 p.m.; January 28, 2012 from 8:30 a.m. until 5:00 p.m.; and March 24, 2012 from 8:30 a.m. until 5:00 p.m., Grace Glavin, with staff recommendations.
Under discussion, Ian Sikonia, Growth Management, addressed the Board to request an additional condition regarding a rain date in case one of the events is cancelled due to inclement weather.
Commissioner Dallari stated he would like to include in the motion that a rain date would be acceptable subject to staff approving the date. Commissioner Horan agreed to the amendment.
Commissioner Dallari clarified that the permit will be for only four maximum events and no additional event dates will be included.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to adopt a resolution to update and provide clarification to “Purchasing Policies” of the Seminole County Administrative Code, was presented.
Mr. Hartmann stated there are a couple of places in the language that cites the Deputy County Manager and he would like it to say County Manager or his designee into the language.
Ray Hooper, Purchasing Manager, addressed the Board to state additional minor changes and updates have been included to keep the Code current and updated. The backup reflects the strikeouts for deletions and the underlines for insertion. Staff recommends adoption of the request and per the change requested by the County Manager.
Upon inquiry by Chairman Carey, Mr. Hooper advised the other conditions stated in the County Manager’s policies and procedures are up-to-date.
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan to adopt appropriate Resolution #2011-R-167, as shown on page ________, updating and providing clarification to the “Purchasing Policies” of the Seminole County Administrative Code, subject to the changes made by the County Manager.
Districts 1, 2, 3, 4 and 5 voted AYE.
Bryant Applegate, County Attorney, presented request to review the County Commission Redistricting proposals and selection of a proposal to advance for formal consideration in the future. He commended Ms. Guillet and Mr. Barnes for doing an incredible job in proposing three alternatives. He stated Ms. Guillet and Mr. Barnes met with the Supervisor of Elections’ office as well as the School Board officials. The Board will choose one of the three options and they can make changes to those modifications. The Board must decide what plan to present as an ordinance for public hearing.
Nicolle Guillet, Growth Management, addressed the Board to display a copy of the existing commission districts with the new census population numbers. She stated the areas that had the greatest growth in Seminole County were Districts 1 and 5. Staff’s number one goal was reconfiguring these districts so the distribution of population can be evened out, maintaining existing incumbencies and keeping the existing commissioners within their districts. Staff also tried to keep the School Board members within their districts. She stated staff came up with 15 different scenarios that were pretty similar. The three that staff has included in the backup are the ones that have the best distribution of population and the ones that are the least disruptive to the existing districts. She began by reviewing Proposals #1, #2, and #3 and stated staff feels that these proposals meet the legal requirements for redistricting.
Chairman Carey stated the Board received a letter from the city of Casselberry indicating that they didn’t want multiple leaders. She stated the City always had multiple leaders and she doesn’t know how they can realign the County to accommodate that and not cause everyone else to have some major changes. It sounds like an easy thing to do, but some of the goals from the Board and staff were to keep the groups intact as much as possible and not totally throw the districts in the air and start from square one.
Commissioner Horan stated he felt that Mr. Creedon’s inquiry was a well-intentional and understandable desire to try to keep the rural areas under one district in the eastern part of the county. He stated, as it turns out, all three proposals address that quite well.
Commissioner Henley stated the only real purpose the districts serve is to identify the area for potential candidates and, outside of that, they serve no purpose. He stated the only difference he sees is one of the maps better defines the geographic areas with markers.
Chairman Carey stated she feels it was a real challenge for staff to figure how they were going to move the numbers around.
Commissioner Dallari stated he feels it is easier to look at the major geographic divisions. He stated District 1 and 2 along SR 426 and Red Bug Lake Road have been moved closer to the east and most of that area is commercial with very few residential.
Ms. Guillet stated that area was the most difficult area for them because they were trying to preserve the School Board districts. She stated they tried using the SR 417 area but the smallest adjustment threw everything off. She added staff can take a look at that again and bring back another set of proposals if the Board wishes.
Commissioner Horan stated the Oviedo Marketplace ended up in District 1 and Tuskawilla ended up in his district, and if the mall owners wanted to do something, it is going to impact the Tuskawilla residents.
Chairman Carey stated with Red Bug Lake Road being the dividing line, it puts the mall in District 2. She stated what Commissioner Dallari is requesting is when you get down Red Bug Lake Road, go north on SR 426 and then stop at SR 417 and then Broadway.
Commissioner Dallari stated he believes the mall should be in District 2 because of the residents that live in Tuskawilla.
Commissioner Horan clarified that the contiguous commercial property should also be in District 2.
Ms. Guillet stated the Board could direct staff to shift that line and if it doesn’t throw the population off, they can bring that back.
Chairman Carey recommended that the Board pick one of the three proposals and then they can make a simple modification to see what that does.
Ms. Guillet stated she feels that will be an easy fix and will not throw things off too much.
Chairman Carey stated she doesn’t particularly like Proposal #1 because it takes District 4 all the way out to 17-92 and part of that is in the city of Sanford. She stated she feels that sections of Proposals #2 and #3 north of Lake Mary Blvd. strictly stayed with the unincorporated area and part of Lake Mary. She said she would prefer #2 or #3 from a District 5 perspective, and she doesn’t have a problem with Commissioner Dallari’s requested change.
Commissioner Dallari stated he has no problem with Proposals #2 and #3 as well.
Motion by Commissioner Horan to accept Proposal #3 with the modification indicated by Commissioner Dallari.
Commissioner Henley stated he feels that Proposal #2 gives them better definable districts.
Chairman Carey stated the concern she has about Proposal #3 is the city of Casselberry is already asking to have less representatives and the third proposal takes District 3 all the way over to 17-92. That means the City will have another commissioner in that district. Proposal #2 stops at Maitland Blvd.
Chairman Carey called for a second to the motion without response, whereupon, the motion died for the lack of same.
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide to accept Proposal #2 for County Commission Redistricting with the modification indicated by Commissioner Dallari.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Guillet stated staff will bring the actual ordinance and legal descriptions back, probably around the second meeting in October.
COUNTY MANAGER’S BRIEFING
Mr. Hartmann informed the Board that the Leisure Services Advisory Committee has requested a work session to discuss some of their strategic initiatives. He stated he feels that with the past discussions they have had on the master plan, this fall will be a good opportunity to do that.
Upon inquiry by Chairman Carey, Commissioner Dallari advised he feels it is prudent that the Board either do the work session in October or November. He said he is willing to do the work session on a Thursday of those weeks they have meetings in October.
Chairman Carey recommended that the work session for economic development be scheduled first and then maybe the second work session be scheduled around the second meeting.
Commissioner Van Der Weide asked if staff had checked on the date for the reorganizational meeting.
Mr. Applegate said that is standard procedure and he will set a time for that.
Chairman Carey stated the reorganizational meeting could be scheduled in December if there is a date that would prevent them from doing it in November. Discussion ensued.
Commissioner Dallari stated he thinks it is prudent to schedule the reorganizational meeting on November 8.
Commissioner Van Der Weide recommended getting with staff to see what can be worked out. The Board voiced no objections.
Mr. Hartmann stated he received a memo (copy received and filed) from the Tax Collector, Ray Valdes, requesting the Board authorize him to begin collection of the 2011 Tax Roll prior to completion of the Value Adjustment Board hearings.
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide to authorize the Tax Collector to extend the 2011 Tax Roll prior to completion of the Value Adjustment Board hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S BRIEFING
Mr. Applegate stated he submitted a monthly report (not received and filed) to the Board and he hopes to do that on a regular basis. He stated if the Board has any questions regarding the report to contact him. He added this is in addition to the quarterly litigation report that they have been receiving.
Commissioner Horan acknowledged the incredibly good work that Assistant County Attorney Arnold Schneider had done through his diligence in finding $60,000 to $70,000 in a bankruptcy proceeding that literally wouldn’t have been found.
Mr. Applegate stated he will make sure that Mr. Schneider is aware of that.
Chairman Carey recessed the meeting at 11:35 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Eva Roach who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, 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.
BOARD OF ADJUSTMENT APPEAL/Steven and Jackie Tye
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to Appeal the Board of Adjustment’s decision to approve a variance at 2770 Tuskawilla Road for a side yard (north) setback variance from ten (10) feet to five (5) feet for an existing stand-alone charcoal grill and pizza oven in the R-1AA (Single Family Dwelling) district; located on the west side of Tuskawilla Road, approximately 650 feet north of Aloma Avenue, Steven and Jackie Tye, appellants, received and filed.
Denny Gibbs, Growth Management, addressed the Board to state that on June 27, 2011 the Board of Adjustment granted a side yard setback variance for an existing stand-alone grill and pizza oven. She explained that on July 8, 2011, the adjacent property owners to the north, Steven and Jackie Tye, submitted an appeal of the Board of Adjustment’s decision. Ms. Gibbs stated that staff recommends that the Board overturn the BOA’s decision to approve the variance and that the staff report be incorporated as part of the record.
Commissioners Henley, Dallari, Horan and Carey disclosed that they have met with the attorney for the applicants, Robert and Patricia Ashton, and will base their decision on the information presented today. Commissioner Van Der Weide stated that he has met with those that have come to his office.
Appellant Steven Tye, 2760 Tuskawilla Road, addressed the Board to explain why he is objecting to this variance. Mr. Tye stated that zoning rules are designed to allow everyone to maximize the benefits of their property but stated that variances are limited so as to not make the rules meaningless. He stated there must be a compelling and legitimate reason for the variance. Mr. Tye directed the Commissioners to his letter, which is contained in the agenda packet, and discussed additional reasons why a variance should not be approved.
With regard to the claim of irregularity of the lot, Mr. Tye presented photographs (copies received and filed) that he states shows that it is a fairly regular lot. Mr. Tye stated that he is petitioning the Board to reject an unnecessary and unwarranted threat to the health and well-being of his family. He presented two articles (copies received and filed) from the State of Washington and Health Canada on the effects of smoke. While he cannot prevent someone from creating this kind of smoke ten feet from his property line, he believes he should be able to prevent them from creating this kind of smoke five feet from his property line. He pointed out that the applicant has ignored restrictions placed by the Board in the past in removing four mature, but not dead oak trees that separated the property lines. Mr. Tye stated that he and the applicant are equally required to live within the rules set by the County. To allow the applicant to ignore the rules merely because he has already done so and there would be a cost to playing by the rules would be to make a mockery of the rules in the first place.
Tom Sullivan, 215 North Eola Drive, addressed the Board to state that he is here on behalf of Mr. and Mrs. Ashton, the Applicants. Mr. Sullivan explained that several months ago his client was in the process of expanding the pool deck for his home. He described what occurred with regard to the Code Enforcement Department and advised that it was determined that there was not a violation of the pool deck expansion. Mr. Sullivan stated that Mr. Ashton was told by the County Building Department that there was no need to get a permit for the expansion; but knowing that there was a concern with respect to the setback issue, Mr. Ashton obtained a permit for the pool deck. Later after the pool deck was completed, Mr. Ashton decided to install the pizza oven.
Mr. Sullivan stated that the County is in the process of reworking a significant portion of the Land Development Code and then referred the Board to Section 30.1345(e) of the LDC and read that Section into the record. He discussed the requirements of the Code and stated that he believes the Code is confusing.
Mr. Sullivan submitted an image (copy received and filed) illustrating the pie shape of the lot and how the lot snakes down to the lake. He stated the shape of the lot goes to the criteria of special condition or circumstances and that the hardship relates to the buildable area in the back.
Upon inquiry by Commissioner Henley as to whether or not there was space to construct the project on the property without violating that setback, Mr. Sullivan stated that there was room to do it in a different portion since this is a two-acre parcel. Upon further inquiry by Commissioner Henley, Mr. Sullivan stated that he does not believe the applicant consulted the code at all and that he relied on the discussion that he had with the Building Department where he was told he didn't need a permit for the slab. He made an inference that he did not need a permit for the structure.
Upon inquiry by Commissioner Henley, Mr. Sullivan stated he is maintaining that his client has met the criteria under Section 30.43 which is used to determine whether or not to grant a variance. Mr. Sullivan also referred to Section 35.121 which talks about the circumstances when a variance is appropriate where there is an extraordinary hardship or practicable difficulties that would result from strict compliance with the regulation. A discussion ensued with regard to the location and setback for the deck.
Upon inquiry by Commissioner Dallari, Mr. Sullivan stated there was an addition on this house and there is already a variance on the lot. Mr. Sullivan referenced an aerial photograph (copy received and filed) and discussed the 2005 variance which was granted with respect to a side yard setback issue for the construction of the addition. He stated that the configuration of the lot was an important consideration at that time and he believes the setback was a similar reduction from ten feet to five feet. Upon inquiry by Chairman Carey, Mr. Sullivan stated that the location of the pizza oven is on the same side where the variance has already been granted. He also discussed the buffer between the property line and the pizza oven.
Upon inquiry by Commissioner Horan, Mr. Sullivan stated that the construction does not violate any existing platted restrictions, and stated that they obtained a title report to confirm that there are no other requirements that this would be in violation of. Commissioner Horan stated that the shapes of the lots are very unusual. A discussion ensued with regard to the shapes of the lots and the common entrance.
Hal Cantor, representative for the applicants, addressed the Board to state he was available to answer any questions that the Board might have.
Mr. Tye stated that if the Board looks at the lot and looks at the pictures that he provided, they will see that the lot is square where the work was done. He stated that there is plenty of room on the lot and it is not odd-shaped.
Additional photographs were received and filed.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Commissioner Dallari stated that from the information that he has seen, there are some irregularities in the lot and a variance has already been set on that side of the property for the addition.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to deny the appeal, thereby upholding the Board of Adjustment’s decision to approve a variance at 2770 Tuskawilla Road for a side yard (north) setback variance from ten (10) feet to five (5) feet for an existing stand-alone charcoal grill and pizza oven in the R-1AA (Single Family Dwelling) district; located on the west side of Tuskawilla Road, approximately 650 feet north of Aloma Avenue, as described in the proof of publication, Steven and Jackie Tye, appellants; Decision on Appeal, as shown on page _______.
Under discussion, Commissioner Horan stated that he believes there is substantial competent evidence to uphold the decision of the Board of Adjustment and not substantial competent evidence to overturn the decision. Commissioner Horan explained why he is in support of the motion. He stated that according to the evidence, a literal interpretation of the Code would deny a reasonable use of the property.
Commissioner Henley stated that he would like to support the motion but does not believe the evidence that has been reviewed supports that. He stated he agrees with staff's findings that it is granting special privileges and that the testimony indicated there was space to build the grill without violating setback requirements.
Chairman Carey stated that since there has already been a variance awarded on that side of the property, she will support the motion.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
ORDINANCE/AMENDMENT TO LDC
UNIFORM BUILDING NUMBERING SYSTEM
Proof of publication, as shown on page ________, calling for a public hearing to consider Ordinance repealing Chapter 90 of the Land Development Code (LDC) and creating a new Chapter 258 of the Seminole County Code for a uniform building numbering system, received and filed.
Chairman Carey advised that the County Manager has pulled this item and will be brought back at a later date.
ORDINANCE AND RESOLUTION REPEALING PROVISIONS
RELATED TO FIREARMS AND AMMUNITIONS
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to adopt an Ordinance and Resolutions repealing provisions related to firearms and ammunitions, received and filed.
Mr. Applegate, County Attorney, stated that the State has preempted the field of firearm and ammunition regulations. He read into the record the following parts of the new statute, F.S. 790.33, so people will understand that this is State action:
“Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto.”
From the Policy and Intent Sections, Mr. Applegate read the following: “It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations at the local level null and void.”
From the Penalty Provision, Mr. Applegate read the following: “If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.”
Mr. Applegate stated that as a result of this legislation, local governments throughout the state of Florida have begun repealing all of their ordinances, administrative code provisions and policies as they relate to firearm and ammunition. He explained that David Shields, Assistant County Attorney, will discuss and review the ordinances that they are repealing and amending.
David Shields, Assistant County Attorney, addressed the Board to state that the provisions in the Seminole County Code that are affected are as follows: Section 20.152, Shining lights along with actual possession of a firearm; Section 72.6, Emergency powers of Director of Emergency Management; Section 165.2; Definition of firearm in noise ordinance; Section 165.31, Discharge of firearms on private property; Section 190.31, Possession or use of firearms at County parks; and Section 190.155, Use of firearms on natural lands.
With regard to the Land Development Code, Mr. Shields explained that there are provisions relating to the Board of Adjustment’s ability to grant special exceptions to gun clubs. The proposed ordinance will direct the Board of Adjustment that they do not have any authority to impose any criteria that would violate the State law. He stated that while Section 30.1221 mentions gun clubs, that section is not being modified. He stated that Appendix G, Section 4.2, Hazardous Occupancies and Special Use Permits will be deleted.
With regard to the Administrative Code, Mr. Shields advised that Section 20.40(E)(1), Firearms at County landfill and transfer station, and Subsection 119.9 of Section 24.15, County employees and firearms, will be deleted.
Mr. Shields stated that there is a General Repealer as an extra precaution that will repeal by default anything that touches upon the Statute.
Upon inquiry by Commissioner Dallari as to who the citizens of Seminole County should contact if they have questions about any type of ordinance or control or operation or usage of firearms or equipment therefore mentioned, Mr. Applegate stated they should contact the Sheriff's Office.
Chairman Carey directed the Board to a letter in the agenda package from the Sheriff dated August 22 which discussed the issue.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt Ordinance #2011-23, as shown on page _______, pertaining to the repeal and revision of ordinances related to firearms and ammunition; amending the Seminole County Code by deleting Section 20.152, "Shining Lights Along With Actual Possession Of A Firearm Prohibited"; amending Section 72.6, "Emergency Management Powers of the Director Of Emergency Management"; amending Section 165.2, "Definitions"; deleting Section 165.31, "Discharge of Firearms on Private Property"; amending Section 190.31, "Firearms/Fireworks/Destructive Devices /Weapons"; amending Section 190.155, "General Provisions Relating to Use of Natural Lands"; and amending the Seminole County Land Development Code by amending Section 30.104, "Special Exceptions"; amending Section 30.124, "Special Exceptions"; amending Appendix G, Section 4.2, "Applicability"; providing for a General Repealer, as presented by staff, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt appropriate Resolution #2011-R-168, as shown on page _______, providing for the repeal of Subsection 20.40(E)(1) of the Seminole County Administrative Code; providing for the repeal of the prohibition of firearms at the Solid Waste Landfill and transfer station, as presented, as described in the proof of publication.
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 #2011-R-169, as shown on page _______, providing for the repeal of Subsection 119.0, as found in Section 24.15 of the Seminole County Administrative Code; providing for the repeal of the prohibition of firearms on County property, as presented, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner Van Der Weide, Mr. Applegate stated the effective date will be October 1.
ORDINANCE TO EXTEND
MORATORIUM ON PAIN MANAGEMENT CLINICS
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to adopt an Ordinance for a proposed moratorium extension on Pain Management Clinics, received and filed.
Donna Wysong, Assistant County Attorney, addressed the Board to present the request. Ms. Wysong reviewed the six-month moratorium on pain management clinics that the Board passed on January 11, 2011. She stated that moratorium will expire on October 1. She described House Bill 7095, which was passed by the Florida legislature and went into effect on July 1, and stated that while the bill was quite extensive, they have not yet had time to see the effects of it play out. Ms. Wysong stated that the Sheriff's Office set up a special unit to investigate crimes strictly related to pain management clinics. She introduced Sergeant Griffin, who works with that special unit, and April Kirsheman, general counsel for the Sheriff's Office, who are here to answer any questions.
Ms. Wysong stated that staff is asking for a six-month extension on the moratorium. She explained that the proposed moratorium is the same moratorium that the Board put in place in January with the same restrictions and stated that this extension will provide an additional amount of time to study the effects of the new legislation put in place by the State to see if the County needs a more permanent ordinance in place for the regulation of these establishments.
Chairman Carey requested that the County Attorney’s office develop some language that the Board would like to see in a statewide policy so they can get that language to their legislators to either amend House Bill 7095 or create something new.
Sergeant Richard Griffin, Sheriff's Office, addressed the Board to present statistics with regard to pain clinics. Sergeant Griffin stated that currently there are seven active pain clinics and at least one family practice office that is operating as a pain clinic. He advised that Florida has experienced an 80% increase in prescription drug abuse over the last six years. Nationwide the abuse of prescription drugs has surpassed the use of cocaine, heroin, hallucinogens and inhalants combined. It is estimated that Florida experiences approximately eight deaths per day due to overdose from prescription drugs. In the last six months, Seminole County has experienced six deaths that they believe are related specifically to the abuse of prescription drugs. In 2010 in Seminole County alone, 3.8 million doses of Oxycodone were prescribed. Of the top 100 prescribing doctors, doctors that prescribe Oxycodone, seven are within their region and 98 are within the state of Florida. Sergeant Griffin stated that his unit, since its inception six months ago, has arrested 150 individuals for various crimes related to prescription drug abuse and has seized approximately 12,000 doses of contraband prescription drugs. They continue to see a high level of criminal activity in close proximity to these pain clinics and pharmacies in the County.
Upon inquiry by Commissioner Henley, Sergeant Griffin stated that the statistics of eight deaths per day were derived by the Florida Department of Law Enforcement. He stated he would guess that most of those prescription drugs were likely obtained lawfully, but that it would depend on one's interpretation of lawfully. Sergeant Griffin said in his view they are talking about a certain number of unscrupulous doctors who are over prescribing. Sergeant Griffin discussed the family practice that is currently under investigation.
April Kirsheman, general counsel for the Sheriff's Office, addressed the Board to state they anticipate working regionally and statewide and assess how everyone is doing in their jurisdictions. To the extent there are similarities in what they all need, the legislature could fix those. She stated that in some counties, theirs being one of them, to the extent that they could duplicate some of the requirements in the statute that would allow local law enforcement to do what is now under the authority of the Department of Health, they could then get in and do what they need to do beforehand. She stated as this statute takes effect, she believes they will see the types of facilities morph. As they do and as they are able to identify where they are seeing a problem, they can bring that to the Board and try to address it that way.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2011-24, as shown on page _______, approving the extension of the existing moratorium which would keep the current restrictions and provisions in place until April 1, 2011, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Applegate thanked the Sheriff’s Office, Ms. Kirsheman and Ms. Wysong for their hard work.
Chairman Carey reminded everyone that they need to appoint a Value Adjustment Board member.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to appoint Michelle Ertel to the Value Adjustment Board, Resolution 2011-R-178, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated that at the last meeting the Board had asked that a Resolution of Appreciation be prepared for Mr. Furey. Upon inquiry by Chairman Carey, Mr. Hartmann stated that he did not know if that had happened. Chairman Carey requested that Mr. Hartmann follow up on the matter.
Chairman Carey stated that she received a request from Commissioner Cortes from the City of Longwood asking if the Board would do a Proclamation to recognize September 15, 2011 through October 15, 2011 as Hispanic Heritage Month in Seminole County.
The Proclamation, as shown on page _______, was read and then presented to Mr. Cortes.
Commissioner Bob Cortes, City of Longwood, addressed the Board to thank the Commission for recognizing the Hispanic community.
Chairman Carey stated that the Florida Association of Counties Legislative Conference will be next week and advised that she will be attending the Board of Directors’ meeting on September 22 in Daytona Beach.
Chairman Carey stated that today is Commissioner Horan's birthday.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated August 22, 2011 to Chairman Brenda Carey from Sheriff Don Eslinger re: House Bill 45, Amendment to F.S. 790.33.
2. Letter dated August 23, 2011 to the Seminole County Board of County Commissioners from Linda Trocine, Ph.D., re: the County’s Comprehensive Plan and the County’s membership to ICLEI.
3. Letter dated August 24, 2011 to Chairman Brenda Carey from Barbara Lipscomb, Casselberry City Manager, re: the County’s re-districting plan.
4. Letter dated August 26, 2011 to Chairman Brenda Carey from Diane Pickett-Culpepper, Bright House Networks, re: programming changes.
5. Copy of memorandum dated August 29, 2011 to HUD Grant Consortium Partners re: Agreement Establishing a Consortium for the Application for a HUD Sustainable Communities Planning Grant.
6. Letter dated August 30, 2011 to the Seminole County Board of County Commissioners from Cynthia Porter, Sanford Deputy Clerk, re: request to annex 2.8 acres between DeSoto Drive and U.S. 17/92 and between U.S. 17/92 and Lake Jennie.
7. Memorandum dated August 31, 2011 to the Seminole County Board of County Commissioners from the Honorable Ray Valdes, Seminole County Tax Collector, re: requesting the BCC to authorize collection of the 2011 tax roll prior to the completion of the Value Adjustment Board hearings.
8. Letter dated September 1, 2011 to Chairman Brenda Carey from D. Ray Eubanks, Administrator, Plan Review and Processing, Florida Department of Community Affairs, re: submittal of the County’s Comprehensive Plan amendments, package 11-1ESR.
9. Letter dated September 1, 2011 to Chairman Brenda Carey from Kimberly Straubinger, Revenue Program Administrator, Florida Department of Revenue, re: Ordinance 2001-30, Local Government Infrastructure Surtax.
10. Copy of Letter dated September 1, 2011 to Mr. and Mrs. William Wills from James K. Hartmann re: the Wills’ donation to Seminole County Government and the Seminole County School Board.
11. Letter dated September 2, 2011 to Chairman Brenda Carey from Linda Sundvall, City Clerk, City of Altamonte Springs, re: Voluntary Annexation of Roadway Corridors contiguous to Altamonte Springs.
12. Letter dated September 2, 2011 to Chairman Brenda Carey from Linda Sundvall, City Clerk, City of Altamonte Springs, re: Voluntary Annexation of Roadway Corridors contiguous to Altamonte Springs.
13. Letter dated September 6, 2011 to Chairman Brenda Carey from Chris Holley, Executive Director, Florida Association of Counties, re: exemplary work provided by Alan Harris, Seminole County Emergency Management Director.
14. Copy of Letter dated September 8, 2011 to Tina Williamson, Seminole County Planning Manager, from Richard Mast, Jr., Liberty Counsel, re: 20-21-32-301-0040-0000 Temporary Use Permits for Church Ministry Activities.
15. Copy of letter dated September 12, 2011 to Ms. Kimberly Straubinger, Florida Department of Revenue, from Chairman Brenda Carey re: expiration of local option sales tax.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Dallari congratulated Mark Bevis and Charles Wetzel, with Traffic Engineering, for doing a phenomenal job on serious traffic issues at Hagerty High School and Carillon Elementary School on Lockwood Boulevard. He stated that citizens have come up to him to thank the Board and he wanted to pass that on.
Commissioner Dallari requested an update from staff at the next meeting with regard to the pedestrian bridge at Red Bug Lake Road and SR 426. He believes it would be advantageous to not build that bridge twice or build it and take it down if there is a way to talk to the property owner to try and facilitate how to make that happen.
Commissioner Dallari recognized Chairman Carey for receiving a statewide award from the Florida Commission on the Status for Women for all her hard work regarding Safe House and thanked her, on behalf of the Board, for all of her hard work.
Chairman Carey thanked the Board. She stated that she had been nominated by Nancy Schwalb. She stated that Commissioners Henley and Van Der Weide were on the Board when she first came and requested funds to try and open a shelter.
Commissioner Henley commended Chairman Carey for her service.
Commissioner Henley discussed a letter (copy received and filed) the County received from Liberty Counsel in regards to the Baptist Church and requiring special permits. He stated he asked Mr. Applegate to research this matter since this is not the first time the Board has had to deal with this law as it relates to religious land uses. If they are going to regulate churches, Commissioner Henley stated he would like consensus of the Board to ask their attorney to draft an amendment to the ordinance which would exempt churches from outside services and uses as far as being required to get a permit, as long as it is not a commercial venture. Dinners on the ground and outside services have been in existence in many of the churches since Florida became a state.
Commissioner Van Der Weide stated that the churches don't even realize that they are in violation.
Chairman Carey asked if Commissioner Henley was suggesting that churches be exempt if they have a church building. Commissioner Henley clarified he meant if they own the land and have a church building. He stated that a lot of ministries are done outside, particularly with youth and dinners on the ground.
Chairman Carey stated that she wants to be sure the Board does not do something with unintended consequences where they have outdoor church services because the church doesn’t have a building.
Commissioner Henley stated he does not believe they can exempt them from having outside services. He stated that because of the RLUIPA law, the Board has to rule in favor of churches in most instances.
Commissioner Dallari asked if that would include outdoor amplification and services after dusk.
Mr. Applegate stated he would like time to allow his office to look at what would need to be changed so the County does not get into unintended consequences. He stated that if they tell the Liberty Counsel that they need some time to look into the matter and not proceed with any enforcement issues, he believes the Liberty Counsel will give them the time to look at the code. Mr. Applegate stated that his view is that, based on the federal statute and the exemptions to it, the County is entitled to have the churches seek Special Exceptions for certain uses. He stated he would like a couple of weeks to take a look at the code and see what they would recommend.
Commissioner Henley stated that he doesn't have any problem with that provided in the meantime, they do not enforce it.
Ms. Guillet, Growth Management, stated if they are going to abate enforcement of the temporary use permits for churches, she wants to understand what they are doing and that it is not just for this particular church while they study it. She stated that they frequently get requests for temporary use permits for churches as well as other non-residential uses and she wants to be sure she understand what the direction is.
Mr. Applegate stated he will come back at the next meeting with a recommendation on how to proceed. Chairman Carey stated that the Board will look for that on the next agenda as an add-on.
Commissioner Horan stated that in regard to Liberty Counsel, the policy of this particular Board is that, to the extent they can make reasonable accommodations within the law for churches to conduct their types of festivals and things that usually require special permits without the necessity of going through those things, it is a policy that they would like to do. They want to make sure during this particular period of time that they are in compliance with the law and that the unintended consequences are not there so that people don't use this as a sword instead of a shield.
Commissioner Dallari stated that churches are the true backbone of their society; and whatever they can do to help them, it is imperative that they do that without trying to facilitate too many codes and restrictions.
Commissioner Van Der Weide stated that historically on the Board, they have had some tough issues. He stated he believes they can do this and they want to work with the churches.
Mr. Applegate stated that the issue came in because of a number of complaints from neighbors about the noise level and that kind of thing.
COUNTY MANAGER’S REPORT
Mr. Hartmann stated that at the last meeting there was some discussion about grants and a grants report. He stated that he believes the Commissioners received that report (copy received and filed) from Ms. O'Bryan who is here to answer any questions.
Chairman Carey stated that the Commissioners just wanted to see the reports so they know where the grants are in the queue.
Sabrina O'Bryan, Fiscal Services, addressed the Board to state that she did have one bit of good news that wasn't included on the September 1 report. They have been awarded the Mental Health Court Planning and Implementation grant which was a partnership with the Seminole Behavioral Health Care system as well as the Court and Sheriff's Office. She stated that will be included in the report ending September 30 and is in the amount of $249,924.
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised that his office has had another procedural victory with regard to the Internet cafe case. He recognized David Shields, from his office, for doing a great job in the case.
Mr. Applegate advised that the new Deputy County Attorney, Lynn Porter-Carlton, will be starting October 3. He gave a brief review of her work history.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:37 p.m., this same date.