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

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