BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 25, 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, September 25,
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)
Clerk
of Court Maryanne Morse
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Eva Roach
Pastor Ken
Kelly, First Baptist Church of Sanlando Springs, Altamonte Springs, gave the
Invocation.
Commissioner
Dallari led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2012-R-166,
as shown on page _______, and appropriate Resolution #2012-R-167, as shown on
page ________, recognizing the following companies as award recipients at the
Seminole County Regional Chamber Industry Recognition Luncheon on October 11,
2012, and for their capital investment and job creation with Seminole
County: Axium Healthcare Pharmacy,
Liberty Mutual, Nutrex Research, and Power Grid Engineering.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolutions were presented to Bill McDermott, Economic Development.
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Motion by Commissioner Horan,
seconded by Commissioner Henley to adopt appropriate Resolution #2012-R-165, as
shown on page ________, expressing appreciation to John W. Hillenmeyer for his
community service, and recognizing his receipt of the Seminole County Regional
Chamber of Commerce’s Lifetime Achievement Award to be presented at the
Industry Recognition Luncheon on October 11, 2012.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Bill McDermott, Economic Development.
COUNTY
MANAGER’S CONSENT AGENDA
Jim
Hartmann, County Manager, advised that he would like to continue Item #27, Fees
associated with Pain Management Clinics, until October 9, 2012. He stated staff is also requesting that Public
Hearing Item #29, Regulations regarding Pain Management Clinics, be continued
until October 9, 2012.
Motion by Commissioner Henley,
seconded by Commissioner Horan to authorize and approve the following:
County Manager’s
Office
Business Office
3. Approve travel and mileage
reimbursement to Commissioner Carlton Henley for miscellaneous travel from
January 1, 2012 through September 31, 2012.
Community
Services
Community
Assistance Division
4. Approve and authorize the
Chairman to execute the following Community Services Agency Partnership
Agreements, as shown on page ________, for FY 2012-13 to assist the most
vulnerable residents with social service needs in Seminole County: BoysTown; Boys and Girls Club; Catholic Charities;
Christian Sharing Center; The Grove; Harvest Time; Intervention Services; Jewish
Family; Kidshouse; Lighthouse; Meals on Wheels; Midway Safe Harbor; Recovery
House; Safehouse; Salvation Army; School Readiness; Seniors First; Special
Olympics; YANA; and United Way.
5. Approve and
authorize the Chairman to execute the Seminole County/Homeless Services Network
of Central Florida Shelter Plus Care Program Subrecipient Agreement, as shown
on page ________, to provide rental housing subsidies and supportive services
to disabled homeless individuals in Seminole County.
Community
Development Division
6. Adopt appropriate Resolution
#2012-R-, as shown on page _________, appointing Gloria Payne, Scott Cuolp,
Vincent Niblack and Deborah Smith; and reappointing Richard Kovacsic, Cynthia
Hamilton-Smith, Kenneth Ritter, and Kenneth Bentley to the Seminole County's Affordable
Housing Advisory Committee (AHAC) as required by Chapter 420, Part VII, Florida
Statutes, Part 40, Section 12, Seminole County Code and Section 4.4, Seminole County
Administrative Code.
Economic &
Community Development Services
Planning &
Development Division
7. Authorize the Chairman to execute
the Satisfaction of Lien for Code Enforcement Board Case No. 10-44-CEB, on 105
Desoto Avenue, Altamonte Springs, Tax Parcel #07-21-30-505-0D00-0180,
previously owned by Sandra Carter, and currently owned by Nirvana & Chrishn
Persaud.
Environmental
Services
Solid Waste
Management Division
8. Approve the semi-annual fuel
index adjustments (CPI-F) for residential solid waste collection services, as
set forth in Section 13(e) of the Residential Franchise Agreements, with new
rates to become effective on October 1, 2012.
Public Works
Engineering
Division
9. Approve and authorize the
Chairman to execute the Seminole County/MetroPlan Orlando (Urban Area
Metropolitan Planning Organization) FY 2012 - 2013 Funding Agreement, as shown
on page ________, for the amount of $172,259.
10. Adopt appropriate Resolution #2012-R-169,
as shown on page _________, and authorize the Chairman to execute a Joint
Participation Agreement Amendment Number 1, as shown on page ________, and a Memorandum
of Agreement, as shown on page ________, to a Locally Funded Agreement with the
Florida Department of Transportation in conjunction with the Transportation
Regional Incentive Program (TRIP) Funding for the addition of lanes and
reconstruction of State Road 434 from Interstate 4 to Rangeline Road. (FDOT Financial
Management Number 240233-3-52-01).
Fleet/Facilities
Division
11. Approve and authorize the
Chairman to execute a Renewal, as shown on page ________, to the 25th Street
(SR 46A) MVI Station Lease with Ahoy Marine, Inc. for an annual revenue amount
of $28,688.19.
Resource Management
Budget and
Fiscal Management Division
12. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-170, as shown on page
________, implementing Budget Amendment Request (BAR) #12-100 through the Fire
Fund in the amount of $1,339,000 to appropriate additional funding from
reserves for pay increases negotiated for FY11/12.
13. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-171, as shown on page
________, implementing Budget Amendment Request (BAR) #12-104 through the
Municipal Services Benefit Unit ("MSBU") Program and the Lake of the
Woods MSBU Funds to provide funding in the amount of $4,000 in order to accommodate
additional expenditures necessary to provide required aquatic weed control (hydrilla)
herbicide treatments made on behalf of the Lake of the Woods MSBU.
14. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-172, as shown on page
________, implementing Budget Amendment Request (BAR) #12-105 in the amount of
$333,062 through the General Fund and Infrastructure Improvement/Capital
Projects Fund to provide funding for the replacement of the uninterrupted
powers supply system and diesel generator for the Five Points prime site.
15. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-173, as shown on page
________, implementing Budget Amendment Request (BAR) #12-106 through the
General Fund to allocate $46,303 to establish the Tennis Court Resurfacing
project.
16. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-174, as shown on page
________, implementing Budget Amendment Request (BAR) #12-107 through the
Health Insurance Fund to provide an additional $3,000,000 to fund employee and
dependant medical claims.
17. Approve and authorize the
Chairman to execute the Emergency Medical Services (EMS) Trust Grant
Application, as shown on page ________, in acceptance of $103,218 in grant
funds from the Florida Department of Health and approve appropriate Resolution #2012-R-175,
as shown on page _________, authorizing staff to submit the application.
MSBU Division
18. Approve and authorize the
Chairman to execute the following Bel Aire Hills Wall Replacement MSBU
Satisfactions of Lien, as shown on page _________, for which the levied
assessment has been paid in full: Maria
B. & Sandor Argueta & Jacqueline E. Guardado; Ricardo L. & Leonor
L. Arias; Maria F. Bauer; Charles W. III & Carol Bilz; Terry & Sharon
A. Briskie; Dennis M. & Judith E. Buckley; Mary K. & David Carrero;
Alba L. Chirinos; Sandra L. Davis Trustee; Barry N. & Lynette Gilkey;
Thomas D. & Paula E. Hafer; Lynda C. Johnson; Kevin K. Lin; Michael E.
Lindquist; Vitaliy V. Menis; George M. & Patricia Menninger; Joseph A.
Menza; Nick G. Nicolau Trustee & Virginia F. Hoffman Trustee; William &
Eileen Nielsen; William M. & Thurlene F. Radford; Hugo R. Santillana;
Ronald P. & Cynthia Strickland; Rolando & Dalia Valcarcel; Jean C.
Vehorn Trustee; Kitty L. Vierbickas; and Su-Fang Yang.
Purchasing &
Contracts Division
19. Award RFP-601389-12/BJC - Pharmacy
Benefit Management Services to Prime Therapeutics underwritten by Florida Blue,
approve Amendment, as shown on page ________, to Blue Cross and Blue Shield of
Florida, Inc. Contract, and authorize the Purchasing and Contracts Division to
execute the contractual documents.
20. Award RFP-601362-12/BJC, as shown
on page ________, Closing Agent Title
Search and Title Insurance to Title Resources of Gainesville, Inc.; and
authorize the Purchasing and Contracts Division to execute the agreement.
21. Award CC-8003-12/AMM, as shown on
page ________, Five Points UPS & Generator Replacement in the amount of
$139,238.99 to Computer Power Systems, Inc. of Winter Springs, Florida; and authorize
the Purchasing & Contracts Division to execute the Agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner Henley to approve and authorize the Chairman to
execute the Satisfaction of Final Judgments Assessing Attorney’s Fees and Costs,
as shown on page ________, in the amount of $2,276, which were imposed in favor
of Seminole County on January 31, 1992, March 28, 1994, and November 7, 1993
(Rico Cortez Sharp).
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner Henley to authorize and approve the following:
Clerk’s
Report
23. Approval of Expenditure Approval Lists, as shown on page ________,
dated August 20 and 27, 2012; and Payroll Approval List, as shown on page
_________, dated August 30, 2012; approval of the BCC Official Minutes dated
August 21 and 28, 2012; noting for information only, the following Clerk's
"Received and Filed":
1.
Denial
Development Order #1230000013, as shown on page ________, for Damas De La Cruz
variances.
2.
Urban
and Community Forestry (U&CF) Grant Memorandum of Agreement (Big Tree Park
– The Senator), as shown on page ________, as approved by the Board on March
27, 2012.
3.
Amendment
#2, as shown on page _________, to Work Order #24 to PS-4388-09.
4.
Work
Order #81, as shown on page _________, to CC-1284-06.
5.
Amendment
#2, as shown on page _________, to Work
Order #3 to PS-2825-07.
6.
Change
Order #1, as shown on page _________, to
Work Order #12 to CC-5075-10.
7.
Closeout
as shown on page _________, for Work Order #15 to CC-5075-10.
8.
Work
Order #33, as shown on page _________, to PS-3914-08.
9.
Change
Order #1, as shown on page _________, to
Work Order #76 to CC-1284-06.
10.
Change
Order #1, as shown on page _________, to
CC-7661-12.
11.
Work
Order #80, as shown on page _________, to CC-1284-06.
12.
Work
Order #1, as shown on page _________, to
PS-7105-11.
13.
Second
Revised and Restated Developer’s Commitment Agreement, as shown on page
_________, for Mobil Service Station RAS
#10890, Exxon Mobil Corporation.
14.
Development
Orders, as shown on page _________, as
follows: #12-3000043, Villavicencio
variances; #12-30000044, Haller variance; #12-30000045, Mannor variance;
#12-30000047, Brown variance; #12-30000048, Denault variance; and #12-30000050,
Dequattro variances.
15.
Amendment
#4, as shown on page _________, to
IFB-600463-08.
16.
First
Amendment, as shown on page _________, to RFP-600945-10.
17.
Amendment
#2, as shown on page _________, to
RFP-5706-10.
18.
Change
Order #4, as shown on page _________, to
Work Order #25 to CC-2183-07.
19.
Amendment
#3, as shown on page _________, to Work
Order #23 to PS-4388-09.
20.
Work
Order #77, as shown on page _________, to CC-1284-06.
21.
Change
Order #1, as shown on page _________, to
Work Order #2 to RFQ-5888-10.
22.
Change
Order #1, as shown on page _________, to
CC-6877-11.
23.
Development
Order #12-30000053, Posley setback, as shown on page ________.
24.
Conditional
Utility Agreements, as shown on page _________, for water and sewer service, Lake Jesup Woods
for the project known as Lake Jesup Estates.
25.
Conditional
Utility Agreements, as shown on page _________, for water and sewer service, YRG Hotel Group,
II, LLC for the project known as McDonalds.
26.
Procurement
Support Documents CD’s for PS-7333-12 and CC-7968-12.
27.
Bid for
RFP-7760-12.
Districts 1, 2, 3, 4
and 5 voted AYE.
REGULAR
AGENDA
Ray
Hooper, Purchasing and Contracts Manager, addressed the Board to present
request to adopt a Resolution to update and provide clarification to
“Purchasing Policies” of the Seminole County Administrative Code, to meet the
Florida Department of Transportation (FDOT) Local Agency Program (LAP)
certification process.
Motion by Commissioner Dallari,
seconded by Commissioner Horan to adopt appropriate Resolution #2012-R-176, as
shown on page ________, to amend the “Purchasing Policies” of the Seminole
County Administrative Code, Section 3.55, to meet the Florida Department of
Transportation (FDOT) Local Agency Program (LAP) certification process.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Meloney Lung, Resource Management, addressed the Board to
request approval of the employee benefit plans renewal. She pointed out that the County approved Item
#19, Pharmacy Benefit Management Services, and explained that during the
research that PENSA conducted, they identified that Blue Cross had not
correctly allocated the pharmacy reimbursement.
The County is now anticipating a check roughly in the amount of $97,000;
and of that amount, a quarter of it should have been reimbursed to the
County. Therefore, the County is receiving
an additional $41,000. She indicated that the Board may want to use the
pharmacy rebate towards the wellness program in the future to keep it funded. Ms. Lung stated staff is requesting a
one-year renewal with the Conexis for Cobra with no increase in fees. Regarding the Group Dental, Solstice Benefits
is asking for a 3% increase as well as changing the DHMO plan, and staff is
recommending a one-year renewal as well as changing the DHMO plan with the 3%
increase for all plans. Regarding the
Long-Term Disability, Reliance Standard (employer paid service) is asking for a
rate reduction and staff is requesting a renewal for one year. Staff is requesting a one-year renewal with The
Standard for Short-Term Disability (employee paid benefit) with no rate
increase. The County is staying with
Florida Blue. Last year, Blue Cross
provided the County a three-year extension with a rate guarantee of $41.00 per
employee per month to adjudicate the claims.
Nothing needs to be approved for this benefit. Ms. Lung stated that the Health Insurance
Rates were discussed at the budget work session and those rates were determined
by several methods. Staff is
recommending moving forward with the Flu Shot Program and those will be
provided on October 23 and 25. Flu Shots
will be provided by the paramedics at Public Safety. She stated staff is requesting that no
further action be taken on the On-Site Clinic until 2014 and the health care
reform is solidified.
Chairman Carey stated the Risk Management
Committee unanimously approved these benefit except the Florida Blue because
they were waiting for the pharmacy carve out.
Motion by
Commissioner Henley, seconded by Commissioner Dallari to approve the following
employee benefit plans renewal and authorize the Chairman to execute the required
documents: Cobra-Conexis, Group
Dental-Solstice, Long-Term Disability-Reliance Standard, Short-Term
Disability-The Standard, Health- Florida Blue and various programs.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Lisa Spriggs, Resource Management Director,
addressed the Board to present the review and recommendations of the Bank Loan
Proposals to provide financing for the Public Safety Communications P25 Radio
System Upgrade and Tower Rebuild Projects ($25 million Capital Improvement
Revenue Bonds, Series 2012). She stated
staff submitted proposals to the banks on September 5 and asked that the
proposals be returned by September 19. She
explained what they did within the financing.
Gary Akers, Southwest Company, addressed
the Board to state seven proposals were submitted and he has provided the Board
with a summary and for 10 and 15 years the difference in the interest cost (received
and filed) of those proposals. He stated
Banc of America Public Capital Corp. was able to provide very aggressive
proposals without any extraneous terms or restrictions. SunTrust Equipment Finance & Leasing
Corp. provided an excellent proposal without a lot of conditions and terms which
he prefers. Banc of America has
requested a 1.40 additional bonds test service coverage and they could issue
debt in the future with this same security and it would be equal to this financing. He stated he felt that was out of line as far
as he sees the other proposals and the market.
He added SunTrust proposed an additional bonds test of 1.25 and he felt
that was reasonable. He said he
discussed the bonds test with Banc of America and they lowered theirs to 1.25 but
they tied that to a debt service reserve requirement. Banc of America indicated that even if they were
not provided a debt service reserve in this issue, if it is done in a future
issue they would want a parity lien on that reserve account. He added he doesn’t think it is the benefit
of the County to do that. What he is
talking about is a difference in five basis points between what Banc of America
bids on a 10 year financing compared to SunTrust Leasing. SunTrust’s bid on 10 years is excellent and
they are lower on a 15-year alternative.
He recommended that the Board consider the SunTrust proposal. He concluded that Ms. Spriggs is recommending
the 15-year term because it provides more flexibility considering the County
may be doing other things in the future.
Upon inquiry by Chairman Carey, Ms. Spriggs
advised the revenue sharing runs about $7 million a year. She stated the way the covenants are written,
the County would be pledging up to half per the statutory limit. If the Board chooses the 15-year, the annual
debt service is at about $1.7 million, where the pledge is up to $3.5 million
of the revenue source. She stated she
feels the 15-year is more holistic.
Since the Board obtained such a good proposal at 2.19 over 15 years, to be
able to maintain the flexibility and have the debt service be almost $700,000 less
a year, the County could pay this off at the end of 10 years if they so desire. She added that there is no penalty after
2015.
Commissioner Dallari stated he agrees with
staff and believes they have done an excellent job in bringing this back to the
Board. He stated he believes it is
important to have as much flexibility as possible. There is no penalty once they meet the
minimum amount of time to start paying it off.
He said he feels that 15 years makes more sense if they look
holistically at what they are trying to do.
The County may want to pay other things off as well and keep this one.
Commissioner Horan stated he feels it is
wonderful that one of the good things that come out of the bad economic environment
is this is a great time to borrow money.
The County has a very attractive debt-to-revenue and debt-to-asset ratio
and they have always been very conservative with debt. He stated the County can now borrow money at
less than 2% and they have flexibility to tie up these funds.
At the request of Commissioner Horan, Ms.
Spriggs explained the benefit of 15 years compared to the 10 years in terms of
how it secures the County’s position with the State as it relates to the shared
revenue.
Commissioner Horan stated the County is
better off tying it up for 15 years rather than 10 years; and even if they pay
it off in 10 years or so, they are still in a position where the State knows
that they cannot monkey with that money for a 15-year period because the County
secured it with a bond covenant. In
addition, the County has future advances they can make under the same
resolution that allows them to go up to 1.25 instead of 1.4 as far as reserves
are concerned. He said he feels this is
a good deal and he would be in favor of the SunTrust proposal at 15 years.
Motion by
Commissioner Henley, seconded by Commissioner Dallari to approve SunTrust
Equipment Finance & Leasing Corporation’s proposal to provide financing $25
million for 15 years for the P25 communication system upgrade; and authorize
legal counsel to prepare and finalize the necessary bond resolutions as well as
other offering and closing documents to facilitate formal award of the bonds at
the October 9, 2012 BCC meeting and closing of the issue by October 18, 2012,
or as soon as possible thereafter.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Carey advised that request (Item
#27) to adopt the Resolution amending Section 20 of the Seminole County
Administrative Code to establish fees associated with the licensing of Pain
Management Clinics, has been pulled
from the agenda.
COUNTY MANAGER AND STAFF BRIEFINGS
The Board noted, for information only,
Informational Budget Transfer Status Report – FY 2011/12.
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Mr. Hartmann stated during the previous early
voting and primary election, the County made a revision to the sign policy at
county-owned facilities. He stated the
revision was to allow no more than four signs at a polling place. After revisiting the matter with the
Supervisor of Elections, they concluded that was a hard position to try to administer. At
that time, enforcement caused some distraction at those polling places. He added he would like to revise that policy
again by allowing yard signs and not limiting the number at the County’s various
facilities. He advised that going with
just yard signs outside the 100 ft. statutory buffer would be fine at this time. He added he is preparing to send a notice to
the Supervisor of Elections and he asked if the Board had any concerns or
objections. The Board voiced no objections.
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Mr. Hartmann stated he sent the Board a memorandum
relating to the distribution of the 3% salary increase. The Board recommended that the 3% salary
increase be discussed during the budget hearing this evening.
COUNTY ATTORNEY BRIEFING
No Report.
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Chairman Carey recessed the meeting
at 10:01 a.m., reconvening at 1:30 p.m., with all Commissioners (with the
exception of Clerk of Court Maryanne Morse) and all other Officials who were
present at the Opening Session.
PUBLIC
HEARINGS
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.
PAIN MANAGEMENT CLINICS
Continuation of a public hearing to
consider adoption of an Ordinance enacting Chapter 186 of the Seminole County
Code to establish regulations regarding Pain Management Clinics, as described
in the proof of publication.
Chairman Carey advised the Board has
received a request to continue this item until October 9, 2012.
No one spoke in support or in opposition of
the continuance.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Horan to continue to October
9, 2012 at 1:30 p.m., or as soon thereafter as possible, request to adopt an
Ordinance enacting Chapter 186 of the Seminole County Code to establish
regulations regarding Pain Management Clinics, as described in the proof of
publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
BSP/CARRIGAN-ALAFAYA ACCESS
EASEMENT VACATE/Leeds
Proof of publication, as shown on page
________, calling for a public hearing to consider request to vacate and
abandon the access easement established in ORB 3451 PG 616-627, associated with
the BSP/Carrigan-Alafaya Plat, for property located on the northwest corner of
Alafaya Trail and Carrigan Avenue, Michael Leeds, Alafaya & Carrigan, LLC,
received and filed.
Denny Gibbs, Planning and Development,
addressed the Board to state BSP/Carrigan-Alafaya has relocated the easement
and has reestablished the easement as a private cross-access easement. The applicant is developing the property with
a different development plan than was originally conceived. The Public Works Department has reviewed the
easement and finds the access easement is not needed for public ingress and
egress. She stated staff recommends
approval of the request.
No one spoke in support or in opposition.
Motion by
Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt
appropriate Resolution #2012-R-177, as shown on page ________, vacating and
abandoning the access easement established in ORB 3451 PG 616-627, associated
with the BSP/Carrigan-Alafaya Plat, for property located on the northwest
corner of Alafaya Trail and Carrigan Avenue, as described in the proof of
publication, Michael Leeds, Alafaya & Carrigan, LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
IOWA AVENUE RIGHT-OF-WAY VACATE/MI
Homes
Proof of publication, as shown on page
________, calling for a public hearing to consider request to vacate and
abandon a portion of the public right-of-way known as Iowa Avenue and two unnamed
streets, located east of Orange Blvd. approximately ˝ mile north of SR 46, M/I
Homes of Orlando, received and filed.
Joy Williams, Planning and Development,
addressed the Board to state the subject rights-of-way are not needed for
public access. The applicable utility
companies have no objection to the vacate.
Staff recommends approval of the request and requests the staff report
be made a part of the record.
No one spoke in support or in opposition.
Motion by Commissioner
Van Der Weide, seconded by Commissioner Horan to adopt appropriate Resolution
#2012-R-178, as shown on page _________, vacating and abandoning a portion of
the public right-of-way known as Iowa Avenue and two Unnamed Streets, located
east of Orange Blvd. approximately ˝ mile north of SR 46, as described in the
proof of publication, M/I Homes of Orlando.
Districts 1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S REPORT
Chairman Carey stated Larry Dale was
appointed to the Workforce of Central Florida when it was reorganized, and he
has submitted a letter indicating that he is resigning due to scheduling
conflicts. She stated she will accept
Mr. Dale’s resignation and she would like each Board member to make a
recommendation of who they feel would be a good candidate to replace Mr.
Dale. She said there are some
requirements and she will be recirculating that to the Board members.
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Chairman Carey stated there will be two formal
public meetings regarding the draft of the Wekiva River Aquatic Preserve Management
Plan. The first will be held on October
1st at the Markham Woods Church in Longwood, and the second meeting is
scheduled for October 2nd at the Volusia County Administrative Building
at 6:00 p.m. She stated a lot of
citizens have been very involved with the Wekiva Basin studies and the septic
tank issues. The plan was sent out by the
Department of Environmental Protection and the Coastal Water Group, and it
spoke a lot about the septic tank issues and it also refers to the Mactec
report. With all of the uncertainty of
that report, the Florida Legislation funded additional studies and those are
still ongoing. The Markham Woods
Homeowners’ Association worked very hard on this because of the impact it would
have on the people in the Markham Woods Road area. She said she spoke to the County Attorney and
Ms. Guillet about the bill that was passed.
There have been a lot of amendments to that bill. Since the County does not have a Class I
spring in the County, they do not have to opt out. In order to fall under the rules of SB 520,
the County would have to opt in. She
added the citizens are worried that the County may consider that, but she
assured those residents that the Board members are not interested in opting
in. She asked the Board if they were
interested in passing a resolution indicating that they have no intention of
opting in.
Commissioner Dallari stated he has no issue
approving a resolution saying that the Board is not opting in.
Commissioner Horan stated he doesn’t have a
problem doing that.
Chairman Carey stated this Board has been
unanimous on the fact that they have not supported the septic tanks
legislation. She stated she will work
with the County Attorney and Ms. Guillet to get that drafted.
Commissioner Dallari stated he feels it is
important to clarify that since Seminole County does not have a Class I spring,
that they are not opting in.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Copy of
memo dated September 5, 2012 from Ray Valdes, Seminole County Tax Collector,
RE: Florida Statute 197.323 and the
authorization by the Board of County Commissioners to collect the 2012 tax roll
prior to the completion of the Value Adjustment Board hearings. (C: David Johnson,
Bob Hagey, Lynda Hedrick)
2.
Letter
dated September 10, 2012 from Cynthia Porter, Sanford Deputy City Clerk, to BCC
RE: Notice for Ordinance No. 4276 in reference to an annexation request.
3.
Copy of
cover letter only dated September 12, 2012 from Deb (German, M.D.), UCF College
of Medicine Dean, to Commissioner Carey RE: UCF College of Medicine’s first
annual update – REFLECTIONS.
4.
Letter
dated September 12, 2012 from FL Dept. of Revenue to Ray Valdes, Seminole
County Tax Collector, RE: budget request
for the operation of the office for the period October 1, 2012 through
September 30, 2013, pursuant to Section 195.087, Florida Statutes.
5.
Copy of
a letter dated September 12, 2012 from Larry A. Dale, Orlando Sanford
International Airport, to Chairman Carey RE: resignation from the Workforce
Central Florida Board of Directors. (C:
Kevin Shaughnessy and Pamela Nabors)
6.
Copy of
cover letter only dated September 12, 2012 from Clayton Wilder, Florida
Department of Law Enforcement, to Chairman Carey RE: an Edward Byrne Memorial
Justice Assistance Grant in the amount of $15,559.00 for INCIDENT COMMAND
MANAGEMENT TECHNOLOGY. (Original
forwarded to Sheriff’s Office for review and action)
7.
Copy of
a letter and attachments dated September 18, 2012, from D. Ray Eubanks, Florida
Department of Economic Opportunity, to Commissioner Carey RE: Seminole County’s
proposed Comprehensive Plan Amendments, reference number Seminole County
12-2ESR.
DISTRICT COMMISSIONERS’/COMMITTEE
REPORTS
Commissioner Dallari stated he has read in
the newspaper that a tech firm (XOS) is leaving Seminole County and moving to
Orlando, and he would like to know if staff had any conversations with the firm
as to why they are leaving and if they tried any options of trying to keep them
in this county.
Nicole Guillet, Economic and Community
Development Services, addressed the Board to state staff is putting together
some information on that particular situation and the efforts that were
made. She said staff will get that to
the Board.
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Commissioner Dallari stated the Board consider
a BOA Appeal, Henry Woitscheck, at the last meeting (9/11/12) that referenced
to some setbacks. He stated due to some additional
information that was submitted to him after the meeting, he would like to see
if this item can be reconsidered.
At the request of Chairman Carey, Bryant
Applegate, County Attorney, explained the process of bringing an item back for
reconsideration. He stated the fact that
there was no formal notice of this today, it would require a super majority
vote to rescind the previous action.
Staff would then schedule a public hearing to give everyone a notice
again.
Commissioner Dallari stated due to the information
that was presented to him after the public hearing, he believes the Board needs
to hear it and he would like to rescind his vote.
Ms. Guillet stated she is not sure if staff
would have enough time to place this item on the October 9, 2012 public hearing
agenda. She said the item could be
scheduled for the next available Board meeting.
Motion by
Commissioner Dallari, seconded by Commissioner Horan to rescind the action taken on September 11, 2012 relating to Item #29, Appeal of the Board of
Adjustment’s decision to approve the request for rear and side-yard setback
variances for the property particularly known as 765 Markham Woods Road, Henry
Woitscheck, and to reschedule this item at the next appropriate time that the
agenda allows.
Under discussion and upon inquiry by
Commissioner Henley, Commissioner Dallari advised that it was presented to him
that all the construction in the applicant’s back yard was done by one
contractor. The property owner was under
the impression that all the permits were pulled. One of the structures did not receive a
permit due to the fault of the contractor.
Upon inquiry by Commissioner Henley, Mr.
Applegate advised that any recourse against the contractor is up to the private
parties.
Commissioner Dallari stated he was under
the impression that each one of the structures was permitted or built at a
different time.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Applegate requested that staff make
sure that all parties are notified.
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Commissioner Horan stated at his last
district report, he identified a new potential development on U.S. Highway 17-92
where they had an issue with the City of Winter Springs. He stated that seems to have resolved itself
and the developer came to an agreement with the city relating to
annexation. He stated he discussed the
billboard ordinance and procedures with Ms. Guillet, and he would like staff to
explore the opportunities to streamline the billboard permitting process. The County currently has a process that
requires a voluntary billboard agreement.
The County is developing a reputation in the development community that
the billboard process is somewhat burdensome.
He added he would like to direct staff to look at possible improvements,
including replacement of the voluntary billboard agreement with a standard
permitting process that utilizes the issuance of a development order. He said he would like those improvements
accomplished without impacting substantive policy that is already in
place.
Chairman Carey stated she believes the
intent of the previous Board was that the County would end up with billboards
in places that were appropriate. The
number of the billboards that were not appropriate throughout the County was
reduced. She stated she doesn’t have a
problem streamlining the process. There
is a lot of new technology with the electronic billboards and they could tweak
that in the current ordinance.
Commissioner Henley stated the Board did
not want billboards all up and down the streets and in the communities. The County introduced an exchange program
with a goal of reducing the number of billboards. That has been successful over the years. He said he is not interested in doing
anything that will encourage more billboards.
Commissioner Horan stated he is suggesting the
County can streamline the process when it really doesn’t involve taking down a
billboard and putting up a new billboard.
He stated the problem was the perception that since the City of Winter
Springs did not have this unique process, it would take more time and more attorney
and consultant fees to go through the County’s process.
Chairman Carey asked who would approve the
process if a landowner is willing to give up a couple of billboards in exchange
for one billboard. Ms. Guillet stated that
currently she feels that voluntary billboard agreements have to seen by the
Board, but staff could make the process a little less cumbersome without
removing any of the substantive components of the policy regarding exchanges. It would run in a similar process to that of
the special event ordinances. She said
there may be some opportunities to normalize this with other processes without
impacting the replacement ratio requirements, public involvement requirements
and the zoning requirements.
Upon inquiry by Chairman Carey, Ms. Guillet
advised if a billboard is reconstructed, they would have to go through the
process and meet the replacement requirements.
The Board has the discretion to establish a different replacement ratio
if they find it is in the public interest to do so. Discussion ensued.
Commissioner Dallari stated he is not
interested in changing the content of what the regulations are intended to
do. The issue is the County needs to
look at always streamlining the process and always making it easier, if
possible.
Chairman Carey reiterated that she doesn’t
have a problem looking at streamlining, but she is not interested in changing
the content. She stated she also feels
that electronic billboards need to be reviewed.
She said she would like to know if they need to expand some definition
in the billboard code that allows for that.
Commissioner Henley stated when the
ordinance was adopted, the Board made it plain that their goal was to reduce
the number of signs. He stated the
business person has the right for signage to let people know that their business
is there, but it doesn’t have to be a billboard.
Chairman Carey stated staff will look at
whether there is a way to streamline the process without reducing the
requirements of the policy and bring it back to the Board.
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Commissioner Horan stated the Boys and
Girls Club is having a major fundraiser on October 10, 2012, at 7:30 a.m. at
the Westside Goldsboro Community Center.
If anyone is interested in attending, get in touch with him.
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Commissioner Horan stated he attended the
United Arts Board of Directors Retreat in downtown Orlando two weeks ago and it
was as good a facilitated retreat meeting as he has ever seen for a board. The new Executive Director is Flora Maria
Garcia and she has decided to repurpose the United Arts organization towards a
broader base of stakeholders.
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Commissioner Horan stated he submitted
material (not received) to the Board relating to a book entitled, Privatize
This. The material relates to a
study of the public transportation system in Philadelphia, Boston and New York
and the issues that have developed in those areas.
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Commissioner Horan referred to a study that
will be done of what the rules will be concerning the proposed developments
along the eastern rural area and transition.
He stated he feels the Board needs to discuss this in some way so that
the developers and residents will know what the rules will be.
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Commissioner Horan stated he attended the
Florida Association of Counties Policy Conference in St. Petersburg. At the policy conference, 90% of their time
was spent trying to protect local governments against what was happening at the
state level. The Legislature is
proposing a bill with regard to the pain management issue. The Florida Medical Association and other
associations are pushing to preempt the regulation of pain management clinics
totally to the State. He said he feels
it would be a good idea to make sure that the local medical society and people
in the professional organizations understand the reason for the County’s
ordinance and that is public safety and public health. It is not the County’s intent to regulate the
doctor-patient relationship.
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Commissioner Dallari stated he is a big
supporter of the rural area as it is shown in the Comp Plan. He stated he feels there was a lot of
homework done when it was put on the ballot.
A study was conducted in the 1980’s, the 1990’s and prior to the vote on
the ballot as well after the vote. He
said he feels the rural area is about as perfect as it can get and he doesn’t
know why a study that has already been done needs to be restudied.
Chairman Carey stated one of the things
that came out of the eastern rural boundary study was transitional zoning. She described an area where Oviedo has
annexed and has four units per acre on their side of the road, and across the
street, the zoning is one unit per five acres.
She pointed out that the transition may need to happen on the rural
boundary side to protect that zoning.
She recommended that staff provide Commissioner Horan copies of the studies
for his review.
Commissioner Dallari stated the Joint
Planning Agreement (JPA) with the City of Oviedo actually shows the transition
on the urban side. He stated he has no
problem with the City of Oviedo wanting to redo the JPA as long as it is on the
urban side.
Commissioner Horan stated the City of
Oviedo has informed him that they have no interest in renewing the JPA. He stated he is just giving the Board a heads-up
that there will be about six or seven developers coming to the Board and they
will have to address these issues in a consistent way.
Commissioner Henley stated developers have
been approaching this Board ever since that line was set. He said he is not interested in breaching
that line for any developer. That was
set by the people and it was done in good faith. He stated the Board made a commitment that
they would preserve the area and he doesn’t know of anything that has happened
since then that would cause him to change his mind.
Commissioner Horan stated new developments
will be coming to the Board and he has seen no interest from the Cities of
Winter Springs or Oviedo in annexation or water and sewer hookups. He said he is just giving the Board a heads-up
that the Board will be reviewing these particular developments as they come up. Discussion ensued.
COUNTY MANAGER’S REPORT
No Report.
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated he drafted a new zoo
lease in which he has detailed the new insurance requirements. He said he sent that to Mr. Joe Montisano,
CEO
of the Central Florida Zoo and Botanical Gardens, for his review.
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Mr. Applegate stated he has spoken to most
of the departments relating to e-mail, public records, texting and social media
issues. He stated the new Information
Technology Director will be working with him on social media policies. He said he is cautioning everyone that sooner
or later governments are going to get hit with lackadaisical use of texting, the
saving and deleting of text messages.
Commissioner Van Der Weide left the meeting
at this time.
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Chairman Carey reminded the Board of a work
session on transportation with Senator David Simmons at 4:00 p.m. today.
ITEMS FOR FUTURE AGENDA
John Casselberry addressed the Board to speak
with regard to the City of Casselberry’s budget and what their revenue
represents. He also spoke with regard to
what the difference is between the city and county relating to ad valorem
taxes.
DISTRICT COMMISSIONERS’ REPORTS
(Continued)
Commissioner Henley stated from a
standpoint of a future agenda item, MetroPlan just received the report from the
consultants on the freight study. He
said he thinks it would be worthwhile for this Board and staff to have that
information to review.
Chairman Carey stated MetroPlan is
scheduled in January to make a presentation on the financial report. She stated the Board can ask them to send
that freight report to the Board.
Commissioner Dallari stated the freight
report is not truly completed; and Harry Barley, MetroPlan Executive Director,
will be presenting that to the Board once it is finished so everyone can be on
the same page.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 2:37 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
er