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
cc/er