BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

SEPTEMBER 27, 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 27, 2011, 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 (Late)

     County Manager Jim Hartmann

     County Attorney Bryant Applegate

     Deputy Clerk Carylon Cohen

 

     Pastor Joe Wendorph, Markham Woods Presbyterian Church, Lake Mary, gave the Invocation.

     Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

 

Clerk of Court Maryanne Morse entered the meeting at this time.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Proclamation, as shown on page _______, proclaiming the week of October 2nd through 10th as National 4-H Week in Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

The Proclamation was presented to Shane Michaels, 4-H, and others in attendance.  Mr. Michaels expressed thanks to the Board for their support.

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Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt Proclamation, as shown on page _______, proclaiming October 7, 2011 as "Pink October Breast Cancer Awareness Day" in Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution #2011-R-182, as shown on page _______, declaring appreciation for services performed by Nadine Miller for her 22 years of advocacy for the children in Seminole County; and her eight years of service as Director for the Guardian Ad Litem Program.

     Districts 1, 2, 3, 4 and 5 voted AYE.

     The Resolution was presented to Ms. Miller who expressed thanks to the Board for this honor and said she knows the good work will continue long after she is gone.

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Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate Resolution #2011-R-180, as shown on page _______, recognizing Seminole County Public Schools for being honored by the Metro Orlando Economic Development Commission with the William C. Schwartz Industry Innovation Award.

     Districts 1, 2, 3, 4 and 5 voted AYE.

     The Resolution was presented to Superintendent Vogel, School Board Member Tina Calderone, and School Board Member Dede Schaffner, who expressed her delight for being recognized by the Board.  Ms. Schaffner stated they recently received the SAT scores and they were 93 points above the State average and 40 points above the national average with almost 70% of the students being tested, so they must be doing something right.

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Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2011-R-179, as shown on page _______, recognizing XOS Digital Inc. for being honored by the Metro Orlando Economic Development Commission with the William C. Schwartz Industry Innovation Award.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution #2011-R-173, as shown on page _______, recognizing the following companies as award recipients at the Seminole County Regional Chamber Industry Recognition Luncheon on October 7, 2011:  Advanced Solar Photonics LLC, Avocet Aviation Services LLC, Industrial Lighting Products, Inc. and Roses Southeast Papers LLC, for their capital investment and job creation within Seminole County.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt appropriate Resolution #2011-R-172, as shown on page _______, recognizing the following companies as Sustainability Award recipients at the Seminole County Regional Chamber Industry Recognition Luncheon on October 7, 2011:  AAA National Headquarters, Blue Cross and Blue Shield of Florida, Inc. and Symantec Corporation, for their continuing investment in our community over the years based upon their community support and large employment within Seminole County.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2011-R-176, as shown on page _______, recognizing Larry A. Dale, C.M., as Lifetime Achievement Award recipient at the Seminole County Regional Chamber Industry Recognition Luncheon on October 7, 2011.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate Resolution #2011-R-177, as shown on page _______, recognizing Firefighter Dale R. Ellis for 10 years of service and dedication to Seminole County and its citizens, upon his retirement from the Public Safety Department on August 31, 2011.

Districts 1, 2, 3, 4 and 5 voted AYE.

Commissioner Henley presented the Resolution to Chief Mims on behalf of Mr. Ellis.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt appropriate Resolution #2011-R-174, as shown on page _______, recognizing County Engineer, Jerry McCollum, for 26 years of service and dedication to Seminole County and its citizens upon his retirement from the Public Works Department on September 30, 2011.

Districts 1, 2, 3, 4 and 5 voted AYE.

The Resolution was presented to Mr. McCollum.

A video was shown titled “Jerry McCollum:  The Man, The Myth.”

Commissioner Dallari stated Mr. McCollum has touched every major project in Seminole County, and a lot of people don’t realize that regionally he has had a significant impact to all of Seminole County.

Chairman Carey stated that she is probably the only Commissioner who had the privilege of working with Mr. McCollum as an engineering consultant.  She knows his wife is going to keep him busy.

Commissioner Henley said he thinks it needs to be emphasized that people don’t really recognize the contributions Mr. McCollum has made to Seminole County and to the region.  He said there is no one more respected by all the groups than Mr. McCollum; respect that he has earned from all his colleagues.  He has been able to bring to the county hundreds of thousands of dollars.  He wished Mr. McCollum a long, happy retirement.

Commissioner Horan said it takes a special person to have the technical ability and presentation ability and vision to do the kind of job Mr. McCollum has done in 26 years.  He hopes he has a great retirement.

Mr. McCollum stated engineers love doing these things; they like to build and see things constructed and enjoy them.  He has had so much support from the Board members, staff and so many people he has met; and he worked a lot with regional agencies.  He was so blessed to have had people who helped him along the way.  He said it’s always important to look at the projects, but it’s really the people you worked with.  He said thanks to all so much and to everyone in Seminole County he has been pleased to serve. 


 

PUBLIC PARTICIPATION

     Charles Gambaro, 2095 Chapman Woods Place, addressed the Board to speak regarding Item #12, Award CC-6600-11, Chapman Road to P & S Paving, Inc.  He said last week the neighborhood representatives met with the County Engineering staff to further discuss the Chapman Road project.  At this meeting, they discussed the solution to realign the Chapman Woods Place and Ayrshier Place intersection.  He requested the BCC to allow staff to further study the realignment of the Chapman Woods Place and Ayrshier Place intersection and report back to the Board in 30 days.

     Speaker Request Form for Mr. Gambaro was received and filed.

COUNTY MANAGER’S CONSENT AGENDA

 

     County Manager Jim Hartmann advised of the following changes to the Agenda.  He stated staff is requesting Item #16, First Amendment to the Agreement between Seminole County and the Homeless Services Network of Central Florida, Inc., be continued to October 11 as they want to do more review on the contract.  The background information for Item #25, Resolution in the amount of $65,000, has a typo which indicates $65 and it should be $65,000.  Item #32, Agreement between Seminole County and the National Testing Network, Inc., is changed to provide a contract term to remain in effect for three years with possible two additional terms, not exceeding one year each.  Staff is requesting the Public Hearing Item #43, Proposed Amendment to the Land Development Code, be continued to December 13, 2011, to allow staff more time for some modifications.  Staff is also requesting that Public Hearing Item #44, Boat Dock at 288 Maureen Drive, be continued to October 11, 2011. 

     Commissioner Dallari requested that Item #12, Award CC-6600-11, Chapman Road, to P & S Paving, Inc., be pulled for a separate vote.

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the following:

County Manager’s Office

Purchasing & Contracts Division

11.  Award IFB-601214-11/TLR, as shown on page _______, Term Contract for Exterior Window Cleaning to TRIBOND, LLC, Mableton, GA, and authorize the Purchasing and Contracts Division to execute the Agreement.

13.  Approve First Amendment to M-600514-08/TLR, as shown on page _______, term extension of two (2) additional years for Federal Legislative and Governmental Liaison Services with Alcalde & Fay, Arlington, Virginia, in the amount of $72,000 per year.  

 

Central Services

Community Services

Business Office

14.  Approve and authorize the Chairman to execute the Service Agreements, as shown on page _______, for Adult Drug Court for expansion and enhancement of the Seminole County Adult Drug Court Program in Seminole County with the following:  Glacier Consulting, Inc.; New Life Connections, Inc.; Seminole Community Mental Health Center, Inc. d/b/a Seminole Behavioral Healthcare; Specialized Treatment, Education and Prevention Services, Inc.; Hope and Help Center of Central Florida, Inc.; and Human Services Associates, Inc.

15.  Approve and authorize the Chairman to execute the Seventh Renewal, Amendment and Restatement of County of Volusia Interlocal Agreement, as shown on page _______, for Provision of Medical Examiner Services for Seminole County.

16.  Continued to October 11, 2011, the request to approve and authorize Chairman to execute the First Amendment to the Agreement between Seminole County and the Homeless Services Network of Central Florida, Inc. to administer and implement the Shelter Plus Care Program as part of a continuum of care for homeless persons suffering from chronic substance abuse and diseases, as well as mental health issues.

17.  Approve and authorize the Chairman to execute the Contract, as shown on page _______, between Seminole County and the State of Florida Department of Health for Operation of the Seminole County Health Department Contract Year 2011-2012 in the amount of $807,970.

18.  Approve and authorize the Chairman to execute the Seminole County Health Department Agreement, as shown on page _______, providing $120,000 in Fiscal Year 2011-2012 to sustain a medical system of care to coordinate medical services and resources for qualifying uninsured and underinsured residents in Seminole County.

Community Assistance Division

19.  Approve and authorize the Chairman to execute the Satisfactions of Mortgage, as shown on page _______, for the following households assisted under the County's Home Ownership Assistance Program or the Emergency Repair Housing Program:  Shelly Betances; Frances A. Bosco; Patricia Bradley a/k/a Patricia D. Bradley; Rosalia Gonzales a/k/a Rosalia Gonzalez; Yasmite Hyacinthe; Alfonzo Ibarra and Maria Luz Ibarra a/k/a M. Luz Dary Ibarra; Sharon D. May; Laura Lynn Metz and Darin Metz; Maria De L. Montanez; Jacqueline O’Neal; Guadalupe Reyes; Iris D. Rostamian; Ezelle G. Smith; and Katilya Ware.

20.  Approve and authorize the Chairman to execute the SHIP Rehabilitation Mortgage Modification Agreements, as shown on page _______, between the following seven Seminole County homeowners and Seminole County to reflect the lesser amount of the completed rehabilitation:  Catherine F. Bell; Willie Mae Robinson; Norisha Quinones; Yolanda Jackson; Helen Waters; Betty A. Williams; and Charlotte Malanowski.

 

Environmental Services

Solid Waste Management

21.  Approve the semi-annual fuel adjustments (CPI-F fuel index) for residential solid waste collection services, as contained in Section 13(e) of the Residential Franchise Agreements, with new rates to become effective on October 1, 2011.

 

Fiscal Services

Business Office

22.  Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Department of Agriculture and Consumer Services in acceptance of up to $18,500 through their Anthropod (Mosquito) Control Program.

23.  Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $6,208 through their Hazards Analysis Program.

Budget Division

24.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-175, as shown on page _______, implementing Budget Amendment Request (BAR) #11-96 through the 2001 Sales Tax Fund and 1991 Sales Tax Fund in the amount of $4,787,762 to recognize reimbursement of County funds from Florida Department of Transportation (FDOT) for the SR 434 Widening Project and the SR 46 Widening Project.

25.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-181, as shown on page _______, implementing Budget Amendment Request (BAR) #11-97 through the Workers' Compensation Fund in the amount of $65,000 to increase funding for claim disbursements.

 


 

Growth Management

Planning & Development Division

26.  Approve and authorize the Chairman to execute the minor plat for King Subdivision located on Bear Lake Road, north of Jessica Drive (Melissa Eusepi, applicant).

27.  Authorize the County Manager to execute petitions for annexation into the city of Sanford and for rezoning from A-1 (County) to PD (city of Sanford) for County-owned property located on the north side of Rinehart Rd., approximately ¼ mile east of Towne Center Blvd. (Parcel Identification Numbers #32-19-30-501-0000-010D and -005B) (Stephen H. Coover, on behalf of Samy Realty, LLC, applicant.)

 

Leisure Services

Library Services Division

28.  Approve and authorize the Board to adopt the Seminole County Public Library System 2011-2016 Long Range Plan, Enriching Lives, Engaging Minds.

Tourism-CVB Division

29.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Freedom Sports in the amount of $3,572.76 to host the 2011 Freedom Softball World Championships on November 4-6, 2011.

30.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the Central Florida Zoological Society, Inc. in the amount of $225,000 for FY 2011-12.

31.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the Sanford Chamber of Commerce in the amount of $3,500 to host the 2011 Sanford Chamber “Thunder in the Streets” Bikefest on Oct 7-9, 2011.

 

Public Safety

EMS/Fire/Rescue Division

32.  Approve and authorize Chairman to execute Agreement, as amended, as shown on page _______, between Seminole County and the National Testing Network, Inc. for pre-hire testing and the establishment of a regional testing center.

 

Public Works

Engineering Division

33.  Adopt appropriate Resolution #2011-R-185, as shown on page _______, and authorize the Chairman to execute a Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Sovereignty Submerged Lands Easement Number 41350, as shown on page _______, in conjunction with the reconstruction of the Howell Creek Bridge.

34.  Approve and authorize the Chairman to execute Amendment No. 3, as shown on page _______, to Agreement S0261 between the Florida Department of Environmental Protection and Seminole County in conjunction with the Lockhart-Smith Canal Regional Stormwater Facility Project.

 

     Commissioner Van Der Weide asked what process is being used to evaluate the contract with the federal lobbyists, to evaluate their performance.  Mr. Hartmann answered that he has received some information that indicates the County has received some grants with their help.

     Chairman Carey stated they have received about $2.9 million in grants and their fees are $450,000 over the course of their contract.  She asked that staff track the performance of requests versus success, and that information was circulated to the Commissioners.

     Commissioner Henley said such evaluation should be done on both the State and federal lobbyists.  He stated the Board gets a lot more reports from their federal lobbyists than the State lobbyists.  He reads all of them and they are very helpful.  He thinks they all need to recognize the position last year that Congress has cut out a lot of those earmarks; and yet the County has still been able to benefit.

     Chairman Carey stated the lobbyists have started to provide them with grant notifications.

     Commissioner Van Der Weide said it is important that the County is monitoring the lobbyists.  Since he has been on the Board, any money they get from the federal government, the lobbyists take credit for it.  He just wants to make sure they keep them “on their toes” and if they are satisfied with them, that is fine. 

     Commissioner Horan said their federal lobbyists have a very broad scope of work.  He thinks they can ask and expect them to do pro-active types of services.  They should tell them that in this particular area, the Board is focusing on trying to develop an industry and would like some kind of plan from them on what they should be pursuing. 

Commissioner Henley said he agrees with what Commissioner Horan is saying.  The Board can be more active in informing the lobbyists about what their concerns are.  He said money is not the only issue.  There are many things in Congress that they should be asking their delegation to oppose.

Chairman Carey added that the Commissioners have not gone to Washington as much as maybe they should have; and if they didn’t have the lobbyists, they would have to go a lot more.  She said every time she has gone to Washington with the lobbyist group, the doors are always open to anybody they want to see. 

Commissioner Dallari stated the times he has gone to Washington, D.C., the lobbyists have been able to maneuver them into a lot of areas that they could not imagine.  They work both sides of the aisle, having as much contact on the Republican side as the Democratic side.  They are quick to be a part of any project or problem they see; all they have to do is pick up the phone.

Commissioner Henley said because of some of the committees he serves on, he knows they are getting a lobbyist at a cheaper rate than Lynx, Orange County and some others.

Mr. Hartmann said he had a discussion with the lobbyist firm last week and discussed that on their next trip down to this region, he will connect them with the senior staff.  He thinks there are some opportunities they could pursue and bring them to the Board’s attention.  He is in agreement with the matrix behind this on how well they perform.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Request to award CC-6600-11/JVP, Chapman Road, in the amount of $7,429,253.54 to P & S Paving, Inc. of Daytona Beach, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement was presented.

Commissioner Dallari said he met last week with staff and some community residents about Chapman Road.  He stated this project is very well needed, and he thinks this needs to move forward.  There are some other projects they felt needed to be moved with this plan; namely, the extension of the turn lane (Covington Club) into Majestic Cove for the additional 50 feet; also the need for a turn lane into it (a right in from SR 434 down to SR 426); and the alignment of the intersection that Mr. Gambaro talked about.  He believes that should be brought back to the Board within the next 30 days to properly evaluate how the alignment would work out.  He said the traffic light by Lutheran Haven needs to be installed as well.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve award of CC-6600-11/JVP, as shown on page _______, Chapman Road, in the amount of $7,429,253.54 to P & S Paving, Inc. of Daytona Beach, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement; adding the following:  with changes to the turn lane; bring back in 30 days the realignment possibility of that intersection (Chapman Woods Place and Ayrshier Place); and improve the traffic light for Lutheran Haven, as depicted in the plans.

Under discussion, Commissioner Henley said during his discussion with staff, he got the impression that these changes are doable and if the Board awards this contract, it would not necessitate a change order impacting the cost.

Antoine Khoury, Acting Public Works Director, addressed the Board to state Commissioner Henley is correct; they have unit prices in the contract.  The changes might move a turn lane from one location to another.  He discussed the alignments and said one will be a little more challenging; but at the same time, that will require a C.O.  He doesn’t think there will be any additional cost.  It will be a trade off and there might be some cost overruns but nothing out of the ordinary.  He said the Covington project will be a separate process because they have not done the right-of-way acquisition.

Commissioner Dallari explained that one property owner will donate property for the right-of-way, but staff has not heard from the other property owner.  That is why this needs to come back in 30 days.

Chairman Carey said her understanding was they could leave the median wider and would not need additional right-of-way.

Commissioner Horan said he had spoken with Mr. Gambaro and some of the other residents and staff, and he has a lot of confidence that, with flexibility, they can come up with an engineering solution that makes a lot of sense. 

Districts 1, 2, 3, 4 and 5 voted AYE.

Constitutional Officer’s Consent Agenda

 

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the following:

Clerk's Office

35.  Approval of Expenditure Approval Lists, as shown on page _______, dated August 29 and September 6, 2011; approval of Payroll Approval List, as shown on page _______, dated September 1, 2011; and approval of BCC Official Minutes dated August 23, 2011.

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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The Board noted, for information only, the following Clerk's "received and filed”:

 1.  Amendment #1, as shown on page _______, to Work Order #17 to PS-4388-09.

 

 2.  Resolution #2011-R-118, as shown on page _______, vacating and abandoning a public right-of-way, Steven D. Wagner, as approved by the BCC on June 14, 2011.

 

 3.  Third Amendment, as shown on page _______, to IFB-600537-08.

 

 4.  Second Amendment, as shown on page _______, to IFB-600844-10.

 

 5.  Closeout for Work Order #59, as shown on page _______, to CC-1284-06.

 

 6.  Closeout, as shown on page _______, for DB-4550-09.

 

 7.  Change Order #3, as shown on page _______, to CC-5756-10.

 

 8.  Change Order #2, as shown on page _______, to CC-5365-10.

 

 9.  Ligonier Ministries/Saint Andrews PUD Third Revised and Restated Final Master Plan Developer’s Commitment Agreement, as shown on page _______.

 

10.  Change Order #4, as shown on page _______, to CC-2184-07.

 

11.  Change Order #1, as shown on page _______, to Work Order #40 to CC-2184-07.

 

12.  Amendment #1, as shown on page _______, to RFP-600932-10 Term Contract, Bergeron Grubbs Emergency Services.

 

13.  Amendment #1, as shown on page _______, to Work Order #57 to PS-1529-06.

 

14.  Closeout for CC-4614-09.

 

15.  Unauthorized Commitment, as shown on page _______, dated 8/24/11 for Konica Minolta copiers relating to the Public Defender’s office.

 

16.  Second Amendment, as shown on page _______, to IFB-600445-08.

 

17.  Unauthorized Commitment, as shown on page _______, with various vendors regarding Budget Tree Services.

 

18.  Work Order #7, as shown on page _______, to RFP-2574-07.

 

19.  Amendment #5, as shown on page _______, to Work Order #3 to M-5004-09.

 

20.  Work Order #12, as shown on page _______, to M-5004-09.

 

21.  Amendment #4, as shown on page _______, to Work Order #7 to M-5004-09.

 

22.  Contract for Services, as shown on page _______, for Vincent J. Bavaro.

 

23.  Bill of Sale, as shown on page _______, accepting water and sewer systems within the project known as Terracina at Lake Forest Ph. 5.

 

24.  Change Order #1, as shown on page _______, to Work Order #1 to CC-5554-10.

 

25.  Change Order #1, as shown on page _______, to Work Order #2 to CC-5554-10.

 

26.  Unauthorized Commitment, as shown on page _______, relating to unauthorized extension of Work Order #11 to RFP-3261-08.

 

27.  Amendment #3, as shown on page _______, to Work Order #16 to PS-5182-05.

 

28.  Work Order #8, as shown on page _______, to RFP-2574-07.

 

29.  Change Order #1, as shown on page _______, to Work Order #65 to CC-1284-06.

 

30.  Amendment #1, as shown on page _______, to Work Order #73 to PS-1529-06.

 

31.  Amendment #1, as shown on page _______, to Work Order #21 to PS-4388-09.

 

32.  Bid-601187-11 Painting Services Agreement, as shown on page _______, Paintsmart USA, Inc.

 

33.  Change Order #2, as shown on page _______, to CC-3464-08.

 

34.  Amendment #2, as shown on page _______, to Work Order #3 to PS-4736-09.

 

35.  Notices to Proceed, as shown on page _______, for Work Orders #18, #19 & #20 to CC-2183-07.

 

36.  First Amendments, as shown on page _______, to RFP-600932-10.

 

37.  Memo from Noranne Downs, FDOT District Five, relating to the public kick-off meeting for the Maitland Blvd. (SR 414) Project Development and Environmental (PD&E) Study on September 14, 2011.

 

38.  Amendment #1, as shown on page _______, to Work Order #9 to PS-5140-03.

 

39.  Closeout, as shown on page _______, for CC-5276-10.

 

40.  Change Order #2, as shown on page _______, to CC-5682-10.

 

41.  Amendment #1, as shown on page _______, to Work Order #92 to PS-1074-06.

 

42.  Amendment #1, as shown on page _______, to IFB-600920-10.

 

43.  Bids as follows:  IFB-601214-11; IFB-601207-11; PS-6865-11; RFQ-601215-11; and IFB-601208-11.

 

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     Nathan Christopher, XOS Digital, Inc., entered the meeting room at this time and the Resolution adopted earlier was presented to him by the Board.

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     Chairman Carey recessed the meeting at 10:29 a.m. and reconvened it at 10:35 a.m. with all Commissioners and Officials present with the exception of Clerk of Court Maryanne Morse.

REGULAR AGENDA

Seminole Towne Center Auto Mall PCD Final Site Plan and Developer's Commitment Agreement for Phase I, located on the north side of SR 46 between N. Oregon Street and Interstate 4 (RCJ of Winter Park, No. 2, Ltd.), presented.

Chairman Carey advised she has a conflict of interest on this item and will not be voting.  She passed the gavel to Vice Chairman Henley who assumed the duties of Chairman.

Brian Walker, Planning & Development, addressed the Board to present the request.

Clerk Maryanne Morse re-entered the meeting room at this time.

Mr. Walker reviewed the final site plan and said staff is recommending Board approval of the Seminole Towne Center Auto Mall PCD Final Site Plan for Phase I, subject to the conditions in the Developer's Commitment Agreement.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the Chairman to execute the Seminole Towne Center Auto Mall PCD Final Site Plan and Developer's Commitment Agreement, as shown on page _______, for Phase I, located on the north side of SR 46 between N. Oregon Street and Interstate 4 (RCJ of Winter Park, No. 2, Ltd.), with the staff recommendations as submitted.

     Districts 1, 2, 3 and 4 voted AYE.

     Commissioner Carey abstained from voting.  Memorandum of Voting Conflict, as shown on page _______, from Commissioner Carey was received and filed.

     Commissioner Henley returned the gavel to Commissioner Carey to resume the duties of Chairman.

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Randy Petitt, Human Resources Manager, addressed the Board to present request to approve and authorize the plan design(s) and payroll deduction(s) for Health Insurance Plans effective January 1, 2012.  He reviewed the background history of the request, stating staff presented their changes to the Risk Management Executive Committee on September 13 and they gave some recommendations.  He reviewed the two plan designs from Risk Management and the funding mechanisms (in the staff report).  He advised a third option the Board can consider is that since the County is self-insured, the payroll deductions are at the Board’s discretion and they can discuss whether they want to change those or not. 

Chairman Carey said it was not discussed at the Risk Management meeting to stay on the current plan and make the adjustments to the employee and children and employee and family, because those actually are the ones costing the County less.  She thinks this is a more prudent way to achieve what they were trying to do and that is to reduce the cost for the employees.  As they go forward, she would like to see them look at a true high deductible with a health reimbursement account so that the employees would have the option of a much lower premium and be able to set that money aside to meet any deductibles. 

Commissioner Dallari reviewed the chart of the current plan and savings to the family.  He said he agrees that there is some potential savings they could offer some of the family members if they have the current plan.  He said he agrees with Chairman Carey that presently he thinks it would be prudent to stay with the current plan and just reduce the cost to some of the families.

Meloney Lung, Central Services Director, addressed the Board to explain the current plan with reducing the premiums for the employee and child or employee and family (using the current plan with the rates from the dual plan base option).  She affirmed for Commissioner Dallari that that is no additional cost to the County, but is actually a savings.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to accept the existing current Health Insurance Plan with the adjustments depicted effective January 1, 2012.

Under discussion, Commissioner Dallari clarified that the motion is just for one plan, keeping all the current rates, but the Board is passing on the savings to individuals with families or children at no additional cost to the County’s budget.

     Districts 1, 2, 3, 4 and 5 voted AYE.

COUNTY MANAGER’S BRIEFING

 

The Board noted, for information only, the Informational Budget Amendment Status Report FY 2010/11 for the period ending August 31, 2011.

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Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to appoint Gary Rudolph as Seminole County’s representative to the South Seminole North Orange County Wastewater Transmission Authority (SSNOCWTA) and Carol Hunter as the alternate representative.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Henley, seconded by Commissioner Horan, to appoint Brett W. Blackadar as Seminole County’s representative to the SunRail Technical Advisory Committee and Ian Sikonia as the alternate representative.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to appoint the following Seminole County representatives to the Transportation Technical Committee:  Brett W. Blackadar as representative and Shad Smith as alternate representative; Ian Sikonia as representative and Tina Williamson as alternate representative; and Dick Boyer as representative and Brian Walker as alternate representative.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Rick Mellon, ZHA, addressed the Board to present the Update of the Five Points Complex Master Plan, recapping where they ended and reviewing the changes that took place since the original master plan was completed in March, 2006.  He gave a PowerPoint presentation (copy received and filed) covering the following topics:  Background; Land Acquisitions; Master Plan Objectives; Master Plan Process; Five Points Overview; Site Planning Drivers; Sanford Facilities & Property; Future Land Use Determination; Land Use Plan Scenarios; Land Use Master Plan; Changed Conditions; and Next Steps.

Commissioner Henley discussed that there is one other driver and that is the cost of construction today, which is down considerably from when they did this plan, and the cost of money is down.  He said Ms. Spriggs indicated they can borrow money now at around 2% and to him that is a big driver for them to get something done before interest rates and construction costs go up.

     Chairman Carey said when they purchased the 28 acres off Lake Mary Boulevard, it was still pretty rural, but when they look at how that is starting to develop, she is not sure that would be a good use of that prime property as the east entrance to the County.  They might want to go back and relook at that and look at that piece that was adjacent to the campus where they had looked at putting Fleet and warehousing.  She thinks they are going to have to do an analysis (probably by the Planning Department) of what the County will become when it grows up.  They probably had more government than they needed when they started on this process for the number of people and she is not sure they will ever grow to that extreme again.  As they add services, they won’t be adding them to this type of facility, but it will be libraries or parks or public spaces where the public will go to, other than the administrative type of functions.  Staff is working on using some of the buildings they have now and one of the goals is to get out of the leased areas.  She thinks it is a good time to go back and update their master plan; but she thinks before they can do that, the County staff needs to do some work to determine what they think the ultimate County build-out is going to look like. 

     Commissioner Dallari said Chairman Carey is correct on a lot of her assumptions.  He discussed with Ms. Guillet that he wants to make sure that whatever is being planned for this site is being coordinated with the 17-92 Master Plan; and whatever the 17-92 Master Plan is planning is being coordinated with the Five Points Complex Master Plan so that, as they move forward, they can enhance both opportunities.

     Ms. Guillet gave an update on the 17-92 Master Plan.  She said this site is one of the catalyst sites in the 17-92 Master Plan.  Commissioner Dallari said they also need to partner with Seminole State College to try to maximize use of the County’s assets on the 17-92 Corridor Study as well as this Five Points Master Plan.

     Ms. Guillet explained that the geographic scope of this catalyst site has been expanded to bring in the college and tie together the catalyst sites a little better, so this has been a part of their discussions and the information has been shared with the consultants with regard to this site. 

     Commissioner Henley discussed why he would not want to leave Public Works and Fleet on this site.  He thinks they need to give some consideration to the 27 acres and how they would fit there.

     Chairman Carey said there has also been some discussion in the past about looking at moving Fleet operations and maintenance to the County’s landfill property.  She really thinks they need to revisit the entire Lake Mary Boulevard Corridor. 

     Commissioner Henley said from the standpoint of acquiring additional land, he doesn’t know if the County has a lot of money laid aside for that, since they have not been able to go through with the commitment they made nearly 10 years ago to try to spruce up the Soldier’s Creek area and provide some amenities there.  They might be well committed to take care of themselves, but some of the other things that they want to push off again, he is not in favor of that.  If they use land the County already owns, that is something that would be a plus for them. 

     Chairman Carey said they have a little over $6 million left in the land acquisition fund.  Whereupon, Commissioner Henley said he would want to have some discussion on what that $6 million is used for.

     Commissioner Van Der Weide said he thinks he would like to see when Ms. Spriggs thinks they will be financially ready to have a bond issue and what they can do.  Chairman Carey said she thinks that’s the reason they are looking at the master plan, to see what direction they want to give to staff; but she thinks they have to identify exactly what it is they want to do before they know how much it’s going to cost.

     Commissioner Henley stated he asked Ms. Spriggs yesterday to look at the revenues ($1 million in rental fees being paid and several million in Tourist Development dollars) as to how much they would be able to support if they were to borrow money or sell bonds.

     Commissioner Horan said the obvious thing is they can’t look at the Five Points Master Plan without looking at all of what they own, buildings, raw and improved land, and come up with some kind of plan.  He thinks one thing missing from ZHA’s presentation is the affect this has also had on the private sector and that is that you can do more with fewer people today than you could in 2000, primarily because of technology.  He thinks all of that has to be taken into consideration. 

     Chairman Carey said maybe they need a space planning exercise to figure out how much space they think they really need. 

     Ms. Lung stated they have done a space plan, but it was done several years ago.  Commissioner Horan added that these things quickly become obsolete. 

     Chairman Carey said they also need to update the space plan to understand the needs of the Constitutional Officers. 

     Commissioner Henley stated he thinks they need to update the space plan as quickly as possible, and update their surplus property and total amount of property, and give the Board an inventory of all vacant spaces.  He said any piece of property that is taken off the tax roll is just sitting and deteriorating if not being used at all.  He would like to make an aggressive move to determine what they are not going to use and put it on the market to see what they can do.  They need to market some of the surplus property and get it back on the tax rolls to get some revenue to work with. 

     Chairman Carey summarized three things to be done:  (1) update the financial forecast; (2) update the inventory and possibilities; and (3) update the space plan.

     Commissioner Henley added to have Ms. Spriggs study the budget to see where the reserves are, because they have reserves in every area, and look at monies that might become available that could be used for debt service.  He said if they are going to undertake a gigantic move, they need to know if they will have to phase it in or they can go out all at once. 

     Commissioner Dallari added coordination with the catalyst site on 17-92 to look at private/public partnerships.

     Mr. Hartmann said when he reviewed the Five Points Master Plan, he had very similar questions being raised now.  They need to take a much different look at the County and where they are going in the future.  From a staff’s standpoint, they welcome the Board’s direction today to pull all this together and bring it back for a really good discussion about what they need and might not need anymore in the future.

     Commissioner Henley suggested requesting Mr. Hartmann to set up a calendar or time line to get to these as he doesn’t want to see these linger another four or five years.  He wants Mr. Hartmann to come back by the next meeting with a time line on each one of these efforts giving some target dates.

COUNTY ATTORNEY’S BRIEFING

     Due to the time, Chairman Carey requested that County Attorney Applegate give his report during the afternoon meeting.

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     Chairman Carey advised the Commissioners that the budget workshop will convene in Room 3024 beginning at 11:30 a.m.

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     Chairman Carey recessed the meeting at 11:20 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with Clerk of Court Maryanne Morse being absent, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.


 

PROOF OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize the filing of the proof of publication for this meeting's scheduled public hearing into the Official Record.

     Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

AMENDMENT TO THE LAND DEVELOPMENT CODE/

Uniform Building Numbering System/Continued

 

     Continuation of a public hearing to consider request to adopt an Ordinance repealing Chapter 90 of the Land Development Code and creating a new Chapter 258 of the Seminole County Code providing for a uniform building numbering system.

     Chairman Carey stated the County Manager has requested that this item be continued to December 13.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to continue to December 13, 2011 at 1:30 p.m., or as soon thereafter as possible, request to repeal Chapter 90 of the Land Development Code and creating a new Chapter 258 of the Seminole County Code providing for a uniform building numbering system, as described in the proof of publication.

     Districts 1, 2, 3, 4 and 5 voted AYE.

MARUEEN DRIVE BOAT DOCK/

Albert Cichra Builders

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider request for a 1,520 sq. ft. boat dock on Sylvan Lake; located on the east side of Maureen Drive, approximately 700 ft. south of SR 46, Albert Cichra Builders, received and filed.

     Chairman Carey stated the Board has received a request to continue this item to October 11, 2001. 

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Henley, seconded by Commissioner Horan to continue to October 11, 2011, at 1:30 p.m., or as soon thereafter as possible request to approve a 1,520 square-foot boat dock on Sylvan Lake; located on the east side of Maureen Drive, approximately 700 ft. south of SR 46, as described in the proof of publication, Albert Cichra Builders.

     Districts 1, 2, 3, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

     Chairman Carey stated Ms. O’Bryan submitted a memo (not received and filed) indicating that Representative Planken has filed the bill on the House side to reinstate the Seminole County Expressway Authority.  She stated they are looking for a companion bill and she believes that Senator Simmons will be the one to handle that on the Senate side.

     Commissioner Horan stated he has had conversations with Senator Simmons’ office and the only inquiry he had was whether or not there was some necessity for having the Legislation provide that whatever the gap period is that the same entity that is being formed now is the same entity that was the party to the contract before.  He stated he believes that legal issue is being covered.

CHAIRMAN’S REPORT

     Chairman Carey stated the County was approved for the first round of the HUD grant that the East Central Florida Regional Planning Council applied for.  She stated the County has been invited to submit a full application for the grant by October 6, 2011 and staff is working on that.

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     Chairman Carey stated Secretary Prasad submitted information regarding the State Transportation Vision for the 21st Century.  She stated FDOT’s current budget is $7.9 million.  She said Secretary Prasad indicated that the County needs to look at other funding opportunities because the ones they currently have are just not sufficient to take the County into the future.  She stated she will provide a copy of the letter to the Board.  Also, Secretary Prasad talked about the gas tax not being sustainable, tolling, and a variety of different things.

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     Chairman Carey stated Orange County is expecting to move dirt on the Wekiva Parkway by October/November 2012.

     Commissioner Dallari stated the Expressway Authority has not made a decision on that.

     Chairman Carey stated she believes the State feels that the Expressway Authority cannot fund it by itself.  She said she believes it is going to be a combination of the State, the Turnpike Authority as well as the Expressway Authority. 

     Commissioner Dallari stated he would like for their Expressway Authority to take action on it first.  Discussion ensued.

     Commissioner Henley stated FDOT made a commitment, as far as the funding, that if they ran short, it would come out of the district funding for transportation.  That means the County would be pushing back other projects.

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     Chairman Carey stated the County received word from the Central Florida Regional Planning Council that the Governor vetoed the $2.5 million funding for all regional planning councils.  Since they didn’t take any action that would reduce the role of the Regional Planning Council, and the Regional Planning Councils will be responsible for 16 things.  There has been discussion at the Regional Planning Council meeting about whether they should or should not do things, or will they do those things.  The County can inform them that they do not have the ability or capability financially to do those things.  If the State cannot fund the counties, then they should not be expected to do those things.  She stated the gentleman who had been the assistant director to Phil Lauren was also appointed as the Acting Director and he agreed to take the job for a year at his current salary.

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     Chairman Carey stated the Workforce Central Florida Consortium Board is made up of five members which includes the four County Chairmen and the Mayor of Orange County.  The Governor has given the County two weeks to provide names.  She stated three of the four members resigned and Larry Strickler was asked to remain on to coordinate a series of meetings, including the one scheduled for Thursday at the Orange County Commission Chambers at 10:00 a.m.  She said she, Mr. Hartmann and Mr. Applegate will be in attendance.  Brandon Arrington of Osceola County is the Chairman of the Consortium Board and they will be taking up these issues.  She added she spoke to the statewide people at Workforce Florida and the Governor’s office regarding the intent of taking this back to Tallahassee instead of having 26 regions.  She said she was assured that this was not the case, and the Governor only wants the things that are going on be addressed. 

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     Commissioner Carey stated she met with the representatives of Health South and they are applying for a certificate of need with the State to bring in a freestanding inpatient rehabilitation hospital.  She stated they are looking at sites in Seminole County, particularly the site on International Drive.  Health South will ultimately employ over 100 full-time positions, and 80 of the full-time positions will be hired in the first year with an average salary of $55,000.  Health South will have a $20 million investment in real estate, construction and equipment and that would generate 300 to 400 construction jobs.  They are requesting the Board to write a letter of support for their certificate of need.  There are currently three hospitals in Seminole County and most of them do not deal with post-acute care.  She said she feels it would be great to write a letter of support for them, but she would think the Board needs to be cautious in writing it in such a way that they are not doing anything that would negatively impact the other hospitals.  If the Board does not have any opposition, she will try to draft a letter that would accomplish that. 

     Upon inquiry by Commissioner Dallari, Tina Williamson, Planning & Development Manager, addressed the Board to advise that it is consistent with the High Intensity Planned Development. 

     The Board voiced no objections.

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     Chairman Carey stated Mr. Hartmann has requested permission from the Board to allow Sharon Sears, Tourism Development, to travel to London to a conference in the amount of $6,880.  She stated this will come out of the Tourist Development funds.

     Commissioner Henley stated staff regularly attended those seminars several years ago, but when the revenue became a concern, Tourism Development cut back on that; and now they are trying to bring the tourist industry back. 

     Commissioner Dallari stated he feels it is imperative that they continue growing the market from the United Kingdom because in order to get the tourist industry involved, they have to build relationships.  The only way to do that is to go there.  The U.K. market is one of the big markets that the Sanford/Orlando Airport cater to, and it is prudent that staff is there to build those relationships with the Airport and tourism industry to make sure that Seminole County is getting their fair share.

     Chairman Carey stated the Sanford/Orlando Airport representatives are also attending the conference and her question is how many people need to go.  The tour operators are the ones that determine what happens on these charters when they come from the U.K. into the Sanford/Orlando Airport.  She said her bigger concern is they do not know how this is affecting the outcome and they would need a tracking mechanism in place in order to see if it has any impact. 

     Sharon Sears, Tourism Development, addressed the Board to advise this trip will take place from November 7, 2011 through November 10, 2011 and it is the largest trade show of its kind in the world.  She stated a big reason why she wants to go is to meet with the tour operators to try to get this program started again as it will help the hoteliers as well as the attractions.  The best mechanism that staff can implement is working with the tour operators in developing a relationship to sell the County and their packages.  She reviewed the breakdown of the cost. 

     Commissioner Horan stated he feels it is important that they do the necessary outreach and he would be in favor of this. 

     Motion by Commissioner Dallari, seconded by Commissioner Horan to authorize Sharon Sears to travel to the World Travel Market in the U.K., in the amount of $6,880.

     Districts 1, 2, 3, 4 and 5 voted AYE.

     Chairman Carey requested that staff to figure out some type of accountability so they can see the results in future years. 

     Commissioner Henley stated he feels it can be difficult immediately when they are building relationships as sometimes it bears fruit a year or two from now.  He stated Ms. Sears would be able to get a listing of the contacts that she makes there.  He feels that it would be very informative to the Board if they were apprised of the type of marketing in Tourist Development.  The County spends a lot of money with Paradise and those in developing the marketing tools.  He added he feels it would be beneficial if Tourism Development could schedule a presentation. 

     Upon inquiry by Commissioner Horan, Ms. Sears advised she and the representative from the Sanford/Orlando Airport will be the only ones attending the event. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2011-R-186, as shown on page _______, commending Ed Furey for his services on the Value Adjustment Board.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Chairman Carey stated the Rotary Club of Lake Mary is hosting their annual fundraising BBQ on Monday, October 17, 2011, and they asked if there was something that the Board could give to them, on behalf of the Board of County Commissioners (BCC), as a silent auction item.  She stated people that are involved in politics may be interested in a personalized autographed photo.  She recommended offering the photo unless the Board has another idea.

     Upon inquiry by Commissioner Henley, Sharon Sears advised that Tourism Development can provide a bag of items to offer for the silent auction. 

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     Chairman Carey stated she would like to congratulate Joe Abel, Leisure Services Director, for recently being recognized at the annual Florida Recreation and Parks Association’s State Conference.  She stated he was presented with the Achievement Award for his leadership, community involvement and professionalism in the field with over 24 years of experience in the parks and recreation field. 

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     At the request of Chairman Carey, Ms. Sears informed the Board that the Seminole County Convention Visitors Bureau was awarded a bronze Flagler award (copy received and filed) recognizing outstanding achievement in Florida tourism marketing for internet advertising.  She stated this is an annual award given by Visit Florida and the Governor attended the ceremony as well.  

     Chairman Carey congratulated the Bureau for a job well done.

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     Chairman Carey submitted a copy of a draft letter (received and filed) of congratulation to Marion McGrath, President of the HBA, for her success in 2011.  She stated this letter acknowledges her success as President of the Home Builders Association of Metro Orlando and she will be sending that to her if there is no objection from the Board.  The Board voiced no objections. 

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     Chairman Carey stated the Lake Mary/Heathrow Festival of the Arts is celebrating their 25th anniversary and the Board typically sends a letter to them welcoming and thanking them for all of their contributions to the arts.  She submitted a draft letter (not received and filed) and stated she will be sending same to Dolores Lash, Chairman of the Lake Mary/Heathrow Festival of the Arts.

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Horan stated the Oviedo/Winter Springs Festival of the Arts is going to be held in October and they customarily do a banner across the road.  He stated he would like to know if there is a policy on that and if it is possible to get an exception to that policy.

     Thomas Peppler, 2673 Danielle Dr., addressed the Board to state he is the 2011 Chairman of the Winter Springs Festival of the Arts.  He stated it is an annual event that is put on by the city of Winter Springs and the Oviedo/Winter Springs Regional Chamber of Commerce.  He added the Florida Department of Transportation (FDOT) approved placing a banner over the walkway that crosses SR 434 in Winter Springs over the last two years, and the city would like to do it again this year.  FDOT had indicated that they would approve it if the County had no objections.  He stated he was told that the County has some regulations that may prevent the banner from being placed on the walkway.  Mayor Lacy indicated that there may be some gray area in the County’s regulation and they would defer to the BCC on this issue.  He added Section 34.2 prohibits decorative signage, lighting and other items on structures crossing state or federal roadway.  It points out that FDOT’s policies do not permit this so the County will not permit it.  The FDOT has permitted banners over the last two years and they will approve it again this year if the County doesn’t have a problem with it.  He asked the County to approve the city putting this banner up like they have done over the last two years.  Discussion ensued relating to where the banner will be hung, the dimension of same, and how long they will have the banner displayed.  A copy of the banner was received and filed.

     Upon inquiry by Commissioner Dallari, Joe Forte, Deputy County Manager, addressed the Board to advise the policy basically says that FDOT does permit certain things to cross the State road, but it has been the Board’s policy to not allow anything hanging on the structures, specifically the pedestrian bridges.  The banner was placed across the bridge last year and he notified the City Manager that it was in violation of the County’s standing policy and it should be removed.  The city didn’t remove the banner until after the event was over.  Discussion ensued relating to other cities requesting event signage being put up on a pedestrian bridge. 

     Chairman Carey stated it has been the policy of this Board to not allow this; and if they start making exceptions, they need to make a decision as to where it stops. 

     Commissioner Horan stated the Board does have the ability to make exceptions and they can make them based upon certain standards. 

     Bryant Applegate, County Attorney, stated the city of Winter Springs would be required to hold the County harmless and give them release from any or all damages if something occurs.  A contract can be drawn up regarding that. 

     Commissioner Dallari reminded the Board that other cities will be applying for the same thing. 

     Chairman Carey stated there have been a lot of other city-sponsored events and the County has not allowed it in the past. 

     Upon inquiry by Commissioner Horan, Mr. Peppler advised he was told that there have been other banners put up in the past, but he doesn’t have personal knowledge of that.

     Chairman Carey stated the other banners were put up across the road but not on any of the County’s bridges.  She stated if FDOT will give the city permission, they can put it up across SR 434.

     Jerry McCollum, County Engineer, stated the first issue when it comes to signs is will it create a problem structurally.  He stated the County will really open themselves up to all kinds of requests.  Once the Board approves one, how can they turn someone else down. 

     Commissioner Van Der Weide stated nothing has been discussed as to what will be put on the banner.

     Chairman Carey stated the County has a lot of events in the County and they don’t even put up banners on these structures to promote their own events.

     Mr. McCollum stated the County has denied several permit requests on structures because it becomes rather complicated. 

     Chairman Carey stated she doesn’t believe the County would have a problem placing the banner across SR 434 at the intersection.  She stated the Board doesn’t have to approve a banner across SR 434 as it is a FDOT road. 

     Speaker Request Form from Mr. Peppler was received and filed.

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     Commissioner Dallari stated he received a letter from R.D. Management referencing doing some economic planning.  He stated they are willing to help the County with funding some type of study on the corner of SR 436 and 17-92.  He stated he would like this to be placed on the agenda in the near future for further discussion.

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     Commissioner Henley asked if the Board responded to the letter from Florida 500th Anniversary asking the County to participate in it.

     Chairman Carey stated she spoke with Kurt Browning at the Florida Association of Counties’ Conference about this and she was going to meet with the County Manager to see if he can come up with a plan.  She stated they are asking for the communities to get involved in planning an event.  She said the 500th anniversary of Florida will be occurring in 2013.

     Commissioner Dallari stated the person that will be coordinating that is Lena Suarez with the State of Florida.

     Chairman Carey stated they are asking for each county or community to put together some events.  That is something she will be discussing with the County Manager and he can get with staff to coordinate that with Ms. Suarez. 

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     Commissioner Henley stated he is very concerned about what is happening to the water in the region as far as the work that is being done by a consultant group that MyRegion.org employed.  He said he has some concerns about the consultant’s recommendations and he feels this Board should be briefed on those recommendations that are coming forth. 

     Upon inquiry by Chairman Carey, Commissioner Henley advised their recommendations will be going to the Congress of Regional Leaders for approval; and frankly, he doesn’t know what authority they would have.  He added it concerns him that the County might be approaching the time where they will give up their authority to a regional group and he is not willing to do that. 

     Commissioner Horan stated the composition of the group seems to lend itself to the County’s disadvantage. 

     Commissioner Henley stated a meeting is scheduled with the Congress of Regional Leaders this Friday.  He stated he has been very outspoken regarding this type of action and it is something the Board needs to be aware of.  He added he will probably bring it back, for the Board’s endorsement, before he votes on something there.

     Chairman Carey stated the Congress of Regional Leaders came out of the regional group that the Board was a member of.  The Board actually quit participating financially because of some of the concerns in the way the group was going, but they continued to be a part of it.  She stated her concern is the County is so much further ahead than everyone else on the water issue, it may not be a beneficial thing for them.  The Board may want to send an official letter, if they have some concerns, in opposition to some of the things that are happening.  She stated she feels this is something that would need to be on the next agenda.

     Upon inquiry by Commissioner Dallari, Commissioner Henley advised he believes the Congress of Regional Leaders will receive a report on Friday, but he doesn’t know if they will be asked to vote on it.  He said he requested that Andy Neff make sure that each Board member be informed of this.  He stated there are a lot of things happening from a regional standpoint as new organizations have opened for business and they have their own agenda as to what they would like to see there.  MyRegion.org is trying to take the lead on transportation and he doesn’t think they are ever going to usurp the MetroPlan with regard to the deal with transportation.  Those are some issues that this Board needs to thoroughly understand.

     Commissioner Van Der Weide stated as far as transportation, they are going to have to work on a regional basis. 

     Chairman Carey stated unfortunately, there are a lot of different regional organizations pulling in different directions to try to be able to survive.  She requested Commissioner Henley inform the Congress of Regional Leaders that the BCC is going to have a briefing during the October 11, 2011 meeting; and hopefully, Mr. Neff will have a formal recommendation that the Board can approve.  The Board can send a letter immediately identifying their concerns. 

     Upon inquiry by Commissioner Dallari, Commissioner Henley advised the Congress of Regional Leaders made some changes in the language; but, going beyond that, they are primarily depending on the consultant’s report. 

     Chairman Carey stated there are issues that the Board needs to work on regionally, but they cannot do it to the detriment of their County. 

     Commissioner Horan stated he feels it is great that the Board participates regionally, but there are ways to leverage the advantages that they have been able to effectuate over the years, especially in the area of water.  He stated what concerns him about this group is it seems like they are taking a top-down approach as opposed to just trying to get some kind of input as to what the facts are, who can actually provide what particular resources, and who is in a better position.  He added the Board should insist that the regional partnerships understand the value of what they have already achieved and what they have already invested. 

     Commissioner Henley stated he doesn’t know whether the Congress of Regional Leaders has any authority to adopt something and try to impose it. 

     Commissioner Horan stated he feels the best value is to identify the best practices that are occurring in the various jurisdictions; and then everyone can pick and choose what those best practices are and how they are going to partner with regard to leveraging the resources they have. 

     Chairman Carey stated a briefing will be scheduled at the next meeting and Mr. Neff can submit a draft letter of recommendation at that time. 

     Commissioner Henley requested that Mr. Neff review the report again to submit his thoughts and objections on each item.

COUNTY MANAGER’S REPORT

     Mr. Hartmann stated the County has been asked to be a project partner in an upcoming Tiger III Project Grant.  This involves Altamonte Springs, the flex bus system, SunRail, etc. He requested the Board’s authorization to allow the Chairman to sign the Commitment Pledge.

     Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize the Chairman to execute the Commitment Pledge, as shown on page _______, for the Tiger III Project Grant.

     Districts 1, 2, 3, 4 and 5 voted AYE.

     Commissioner Henley suggested that they copy the Federal Lobbyist on that as well.

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     Mr. Hartmann stated last week they held their first joint staff meeting with the School Board.  He stated he and the Superintendent discussed items that they are already collaborating on, or may want to collaborate on in the future, that could lead to some efficiencies.  This stemmed from the previous joint meeting.  It may not produce efficiencies, but it may provide a format for a better outcome.  He stated he is going to keep the joint staff meeting alive and he will send the Board a summary of the issues that they discussed at last week’s meeting.  As they move into the future, they may be able to create efficiencies through these cross collaborations.  He is planning to have some dialogue with the cities to see if there are opportunities that they can embrace. 

     Chairman Carey recommended looking at some of the discussions that came up during the City/County meetings. 

COUNTY ATTORNEY’S REPORT

     Bryant Applegate stated the Board discussed two weeks ago about a letter from the Liberty Counsel and that letter said that the County cannot regulate church activity and that the Liberty Counsel has hundreds of lawyers across the nation.  He reviewed the Religious Land Use and Institutionalized Persons Act and the Florida Religious Freedom Act.  The U.S. Supreme Court has confirmed that the general law is if laws are neutral and of general applicability, they are a vowed if supported by a rational basis.  He stated that churches can obtain variances and if they are granted, the Board can impose conditions upon them.  Churches need to obtain Special Exceptions to locate in certain zoning districts.  Federal cases around the country have ruled that special use permits can be issued for religious purposes.  The County can require churches abide by building restrictions and buffer requirements.

Mr. Applegate stated that even if the land use regulation constitutes a substantial burden on religious exercise, it is permissible if it furthers a compelling governmental interest by the least restrictive means possible.  He explained what is considered compelling governmental interest.  A County land use regulation shall not treat a religious assembly unless it is on equal terms with a non-religious assembly or institution or impose a land use regulation that totally excludes religious assemblies from a jurisdiction.  He explained when temporary use permits are required.  It is clear that the County can require churches to seek special exceptions and temporary use permits unless doing so results in a substantial burden on a religious exercise without a compelling governmental interest.  He stated he and staff will address the specifics of the Liberty Counsel letter.  Mr. Applegate advised he and Ms. Guillet are looking at the temporary permits provisions to see how they can be amended so there is some clarity in how they will go from here to the future.  The County can, under Federal and State law, impose restrictions on churches and activities that are not approved in their site plan.  He reminded the Board that this complaint came from the surrounding neighbors.

     Upon inquiry by Commissioner Henley, Nicole Guillet, Growth Management Director, advised she is not sure how many complaints the Code Enforcement officer received.  She stated the most recent activity that the residents were complaining about is an event called “Friendship Day.” 

     Upon inquiry by Commissioner Henley with regard to “bounce houses”, Mr. Applegate advised non-residential areas need special permits and residential areas do not need them. 

     Commissioner Henley stated he strongly opposes restricting activities on church property unless it is dangerous.  It has been past practice that the churches have recreational games as that is part of their teachings and ministry.

     Chairman Carey stated churches are a business and in a normal course of business, if the church is having an activity, it is not a special event.  She explained the difference between a special event and an activity.  She stated her biggest concern is if a church wants to expand or add a school, that will impact the citizens and the community. 

     Commissioner Horan left the meeting at this time.

     Chairman Carey stated she feels that staff needs to look at the Land Development Code relating to expansion.

     Mr. Applegate stated staff will review the regulations to make them more workable.  He stated the church in question would have had their temporary use permit if they had applied. 

     Commissioner Van Der Weide stated he agrees with Commissioner Henley on the point that this is a church ministry where they have the event on their own grounds.  He said he is not willing to add more regulations, but he is in favor of allowing staff to figure out how they can make what they do legal on a regular basis without getting a permit. 

     Chairman Carey stated she feels that staff is trying to make sure that the neighbors are not impacted. 

     Commissioner Van Der Weide stated he doesn’t want staff to get involved in tightening the use of these churches and making regulations more burdensome than ever. 

     Mr. Applegate stated staff is trying to clean up the Code to make it clear on what can be done.  He stated the site plan allows for certain things; and if it doesn’t, the County’s Code requires the applicant to come in to discuss a temporary use permit.

     Commissioner Van Der Weide stated if the Code is in the way of what the churches do on their property, the Board needs to change the Code. 

     Commissioner Dallari stated he doesn’t think staff is trying to put additional requirements on churches.  He stated he feels that staff is trying to clean it up so that everyone understands what requirements are out there.

     Commissioner Henley stated he feels that churches serve a very good purpose and he would hate to think about what this country would be if there were no churches out there to try to teach right from wrong.  He suggested that the churches come in and update their site plans.

     Mr. Applegate stated this is not an attack on the Liberty Counsel or churches.  He stated the Liberty Counsel raised these issues and his job is to address them.  The County’s Code says a, b, c, and d, he cannot ignore that.  This area of the Code does need to be revised. 

     Commissioner Horan reentered the meeting at this time.

     Mr. Applegate stated staff will take each case as it comes up and he does not see this becoming a major issue. 

     Commissioner Henley stated in order to avoid this situation until the Code is changed, the Board can ask staff to withhold enforcing particular items until it is done right. 

     Mr. Applegate stated that gets into an issue of the County treating religious institutions different than other institutions.

     Commissioner Henley stated he doesn’t have a problem with that.  He stated he doesn’t think that any church is going to deliberately do something that is detrimental to the community.

     Commissioner Horan stated the standards for State action concerning the free exercise of religion is set out in case law and he believes the RLUIPA statute pretty much follows what the standards have been regarding State action concerning constitutional rights for quite some period of time.  It is a difficult standard to apply because the Courts and Statutes indicate that they cannot impose a substantial burden unless there is a compelling State interest, and they have to do it in the least restrictive way possible.  He stated the County will comply with the law in such a way that it is going to be fair, it is going to be neutral and it will support a rational basis.  He added he believes the County will be able to do it in a rational way that will allow the churches to engage in reasonable activities in such a way that they comply with the Statutes.

     Chairman Carey advised the Board that they need to be careful about how they change the ordinances as they may be opening up a whole can of worms.  She stated the County will look at this on a case-by-case basis until staff can brief the Board and it comes back to them.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:55 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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