BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

NOVEMBER 8, 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, November 8, 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)

     County Manager James Hartmann

     County Attorney Bryant Applegate

     Deputy Clerk Jane Spencer

 

Absent:  Commissioner Dick Van Der Weide

 

 

     Pastor Bill Feist, Church of Christ, Altamonte Springs, gave the Invocation.

     Commissioner Henley led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Motion by Commissioner Horan, seconded by Commissioner Henley to adopt appropriate Resolution #2011-R-198, as shown on page _______, recognizing Battalion Chief, Keith L. Guglielmello, for 33 years of service to Seminole County Government and its citizens, upon his retirement from the Public Safety Department on November 5, 2011.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Mr. Guglielmello who addressed the Board to express his appreciation.

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Cedar Hames, President of Paradise Advertising, addressed the Board to present the Seminole County Convention and Visitors Bureau Marketing and Public Relations PowerPoint presentation (copy received and field).  He reviewed the following topics:  Paradise; Results of Unique Website Visitors and eNewsletter Subscribers; Occupancy Report; Results of Hotel Revenue and Hotel Sales Tax; 2011-2012 Marketing Initiatives; Targets; Media Strategies – Leisure; Media Tactics - Leisure (HIT); Media Tactics – Leisure; Media Strategies – Groups; Media Tactics – Groups; Media Strategies – Sports; and Media Tactics - Sports. 

Mr. Hames stated that Seminole County's “creative” is going up against clients like Miami, Orlando, Vegas, Louisiana, state advertising and is winning.  Their budgets are sometimes $100 million and Seminole County still walks away with the prize.  A 15-second T.V. spot was displayed.  He explained how these ads are being run. 

Mr. Hames continued his presentation and reviewed the following topics:  Online-Leisure; Print Ad – Leisure; Co-Op Print Ad – Group; Visitor Guide – Print; Groups/Meetings Digital Guide; Sports Digital Guide; Wild Card Deals Program; and Airport Information Desks. 

Patrick Harrison, Director of Public Relations with Paradise Advertising, addressed the Board to continue the PowerPoint review.  With regard to the numbers listed on the Public Relations slide, Mr. Harrison stated that the financial year has ended so they now have end-of-year numbers.  Instead of almost $4 million on August 15, the actual number is $8.4 million in PR value.  Instead of $791,251, the number came out to be $1.5 million for advertising value. 

Upon inquiry by Chairman Carey, Mr. Harrison explained the difference in the numbers listed on the slide and the current numbers.

Mr. Harrison continued the presentation by reviewing the 2011-2012 Highlights (Airlines and FAM Tours).  He displayed a sample of the 3-D direct mailer and described the results of the mailer.  He reviewed 2011-2012 Highlights (Media Relations and Niche Media).

Rudy Webb, Account Manager from Paradise Advertising, addressed the Board to continue reviewing the PowerPoint presentation.  He reviewed the topics of Website and Website/Social Media/Mobile Site. 

Upon inquiry by Commissioner Dallari with regard to the Wild Card Deals Program, Mr. Hames stated that he does not believe they were able to trademark the term "Wild Card."  He stated that it would be difficult to copyright or trademark the term because it is not a unique name.  He explained that the way they have presented the program is unique and it would be difficult for someone to copy that approach.

Upon further inquiry by Commissioner Dallari, Mr. Hames described the plan for next year.  He stated that what the Board has seen today is pretty much what they plan on recommending for this year.

Discussion ensued with regard to potential markets the County could be looking at.  Mr. Harrison explained the reasons why they have been going heavily into sports marketing as opposed to individual conventions.  He stated they are trying to get as many as possible of the right-sized conventions for the facilities that Seminole County currently possesses.  Commissioner Henley discussed past attempts to build a convention center for a particular niche, 5,000 to 7,000 people. 

Chairman Carey stated that whatever Paradise Advertising has been doing for the last quarter of the last fiscal year has had an impressive impact and she asked them to keep up the good work. 

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Chairman Carey recessed the meeting of the Board of County Commissioners at 9:59 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency.

U.S. HWY 17-92 CRA

Tina Williamson, Planning and Development Manager, addressed the Board to present a request to approve an Interlocal Agreement between the U.S. 17-92 CRA and the City of Sanford for the refurbishment of three mast arms which was continued from October 25 so staff could look into the paint warranty issue.  She advised that Public Works has spoken to the vendors and two of the three have agreed to extend their warranties to five years, including the vendor that is being used for this project.  With regard to the term of the contract being six years, Ms. Williamson stated that in consulting with the City of Sanford, they are in agreement that a shorter time frame is appropriate for the project.  Therefore, staff is requesting that the term of the agreement be amended to one year.  Staff is recommending approval.

Chairman Carey clarified that staff is recommending the following two changes to the agreement:  (1) The two-year warranty will be changed to a five-year warranty on the paint; and (2) The Agreement will be changed from a six-year term to a one-year term.   

Motion by Commissioner Dallari, seconded by Commissioner Horan to approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, between the U.S. 17-92 CRA and the City of Sanford in the amount of $25,669.61, consistent with said Agreement, as amended by staff.

Districts 1, 2, 4 and 5 voted AYE.

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     Jeff Hopper, Planner, addressed the Board to present a request to approve a Special Funding Request submitted by Atlantic Housing Partners, the developers of Garden Grove, which is a planned elderly housing community to be located on the west side of U.S. 17-92.  The property is currently developed as a non-conforming mobile home park and was rezoned to a Planned Unit Development on May 24, 2011.

Mr. Hopper explained that Atlantic is a developer of affordable rental housing using Federal Tax Exempt Bonds and Federal Housing Tax Credits which are administered by the Florida Housing Finance Corporation.  Seminole County is eligible to share in these Federal resources only if a proposed development is restricted to elderly households and is located within certain geographic areas.  Mr. Hopper advised that in order to be considered for these resources, the proposed development must have a commitment for a Local Government Contribution.

Mr. Hopper stated the action requested today is execution of the Local Government Verification of Contribution-Grant form by the County Manager in the amount of $75,000.  This form will be used by the applicant to demonstrate local government support of $75,000 from the CRA for Federal funding.  He explained the special funding request supports the CRA Master Plan goals of eliminating blight and fulfilling the need for additional housing within the CRA.  The RPA recommended approval of the request and staff is recommending approval.

Upon inquiry by Commissioner Henley, Scott Culp, Atlantic Housing Partners, addressed the Board to state that a majority of the units are occupied and all are rentals.  With regard to the timeline for displacement, Mr. Culp described the guidelines and criteria that must be followed.  He stated that the owner of the park that they are purchasing the property from has to pay for the displacement and relocation of the individuals.  The funds that are required to be paid to those residents have been accounted for. 

Motion by Commissioner Horan, seconded by Commissioner Henley to approve the Special Funding Request for Atlantic Housing Partners and authorize the County Manager to execute the Local Government Verification of Contribution-Grant form, as shown on page _______, for the total reimbursement amount of $75,000, subject to a future Funding Agreement and Budget Amendment Request (BAR) if Federal funding is obtained.

Districts 1, 2, 4 and 5 voted AYE.

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Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 10:05 a.m., and reconvened the meeting of the Board of County Commissioners.

PUBLIC PARTICIPATION

     Larry Volenec, Area Manager for Florida Power & Light, addressed the Board to give a brief update.  Mr. Volenec stated that his boss, Bob Coleman, has recently retired and described his additional responsibilities.  He stated that Tom Kuntz will continue to be the County's FPL governmental accounts manager.  He stated if there are any issues that they feel have not been resolved to their satisfaction, please call him and he will look into it.  Mr. Volenec's contact information was received and filed.

COUNTY MANAGER’S CONSENT AGENDA

     James Hartmann, County Manager, addressed the Board to advise that under the Consent Agenda there are the following add-on items:  Item #4A, Confirmation of Community Services Director, Valmarie Turner; and Item #22A, a Budget Amendment Request in the amount of $40,000.  With regard to Item #5, CC-7107-11, Mr. Hartmann advised that staff has distributed a revised agreement and signature page.  With regard to Item #22, BAR #12-017, staff distributed a new detailed breakdown but the final amount of $15.6 million has not changed. 

     On the Regular Agenda, Mr. Hartmann stated that Item #37, Special Event Permit for Pet-A-Palooza, had a misprinted word, “children,” in the listed conditions of the staff report.  Under County Manager and Staff Briefings, he stated he would like to pull Item #38, the Major Water Treatment Plant Projects presentation, and defer that item to a worksession in November.  He stated that Item #41, Special Event Permit for Veteran’s Day Celebration, has been added.

With regard to Item #10, Increase to the Board-Approved Estimated Term Usage for PS-5187-05, Commissioner Henley asked if any of the additional $500,000 was going for the design and construction of the wall.  Brett Blackadar, Acting County Engineer, addressed the Board to respond no, that that work order was done several years ago.  He stated that the majority of this increase was due to the fact that DOT is building the road, a switch that was done in 2009.  Because of that, they had to update the plans to meet DOT's standards.  He stated that they have also had some contamination issues at the pond at I-4 and a historic sink hole at Harbour Isle Way in the right-of-way. 

Upon inquiry by Commissioner Henley, Mr. Blackadar stated an additional $1.5 million was transferred to the County through some additional TRIP funds which will cover the cost of the wall.  He discussed an agreement, which is close to being finalized, that has the HOA building the wall.  The County will be funding the wall through monies they have already received and the HOA will construct it.  Discussion ensued with regard to building the wall. 

Upon further inquiry by Commissioner Henley, Mr. Blackadar stated he believes the TRIP funds contributed by the State towards the project are in the ballpark of $23 million. 

With regard to Item #9, Master Services Agreement for PS-6487-11, Commissioner Dallari stated since they only received one proposal he wants to be sure that the County is well within its policy to only accept one even though they went back to the street several times. 

Ray Hooper, Purchasing and Contracts Manager, addressed the Board to describe the bid process that they followed. 

With regard to Item #8, Change Order #2 to CC-6591-11, Commissioner Dallari stated that he wants to be sure the County is keeping their consultants more accountable. 

Commissioner Horan requested that Item #14, Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with DisposAll, be pulled for a separate vote.  He stated that the proposed vendor is a long-standing client of his law firm, although his firm is not involved in the matter. 

Chairman Carey requested that Item #13, the Ahoy Marine lease, be pulled from the agenda and brought back on December 13.  She stated she had some issues with the lease as written having to do with insurance amounts, type of insurance companies and other minor details that need to cleaned up. 

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

County Manager’s Office

Business Office

 4A. Confirmation of new Community Services Director, Valmarie Turner.

Purchasing & Contracts Division

 5.  Award CC-7107-11/RTB, as shown on page _______, Disaster Recovery Affordable Housing Reconstruction for One (1) Residential Property in the amount of $162,900 to Corinthian Builders, Inc. of Lake Mary, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement, as amended.

 6.  Award SS-601200-11/BJC, as shown on page _______, Seminole County's P25 Radio System Migration, in the amount of $15,087,662 to Motorola Solutions, Inc., a Delaware Corporation; and authorize the Purchasing and Contracts Division to execute the Agreement.

 7.     Authorize staff to continue emergency Purchase Orders for Basic Lawn (fine mowing), Planting Bed Maintenance, and Parks and Trails Landscape Maintenance until such time that a Request for Proposal (RFP) has been awarded.

 8.  Approve Change Order #2, as shown on page _______, to CC-6591-11/DRR - Central Transfer Station Hopper Repair with Shoemaker Construction Co. of Sanford, Florida, in the amount of $59,321.65; add an additional sixty (60) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order.

 9.  Approve ranking list; authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute the Master Services Agreement (MSA), as shown on page _______, for PS-6487-11/DRR - Develop, Implement and Manage a Uni-Directional Flushing Program for Seminole County's Potable Water Distribution System.  (Estimated Usage for the term of the MSA is $1,000,000.)

10.  Approve an increase to the Board-approved Estimated Term Usage for PS-5187-05/PWM (Final Design & Permitting for S.R. 434 from Interstate 4 to Rangeline Road) by an additional $500,000 over the term of the MSA.

11.  Approve Amendment #4, as shown on page _______, to Work Order #2 under PS-4736-09/RTB (Architectural and Engineering Services for Construction Projects Under $2,000,000) in the amount of $9,641 with C.T. HSU & Associates, P.A. of Orlando, Florida, for Design Services for Roof Replacement at Seminole County Civil Courthouse; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment.

 

Central Services

Business Office

12.  Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to the Purchase Agreement for Parcel Numbers 25-19-30-5AG-0203-0010 and 25-19-30-501-0000-00B0, 201 East Commercial Street, Sanford, Florida, owned by Jeno F. Paulucci, as Co-Managing Trustee of the Jeno F. Paulucci Revocable Trust, 201 West First Street, Sanford, Florida, for a purchase amount of $625,000.  The amendment is being presented to the Board for the purpose of extending the date of closing to on or before December 15, 2011, in order for staff to coordinate the removal of an in-ground hydraulic cylinder discovered on Parcel #25-19-30-501-0000-00B0.

Fleet & Facilities Management Division

13.  Pulled from agenda request to approve and authorize the Chairman to execute the Renewal and Sixth Amendment to the 25th Street (SR 46A) MVI Station Lease with Ahoy Marine, Inc. for an annual revenue amount of $27,579, with request to be brought back on December 13, 2011.

 

Fiscal Services

Business Office

15.  Approve and adopt appropriate Financing Reimbursement Resolution #2011-R-200, as shown on page _______, allowing for the future reimbursement through financing proceeds of costs incurred related to the Public Safety Communications P25 Radio System Digital Upgrade and Tower Rebuild Projects in an amount not to exceed $25 million.

16.  Approve submission of a Grant application, as shown on page _______, to the Florida Department of Health requesting the allocation of $324,382.00 through their Emergency Medical Services County Grant Program; approve and authorize the Chairman to execute appropriate supporting Resolution #2011-R-214, as shown on page _______, that certifies use of the funds; authorize the Chairman to execute any other documents required for the grant application submission.

Budget Division

17.  Approve and authorize the Chairman to execute a Budget Change Request (BCR) #12-001, as shown on page _______, through the Community Development Block Grant Fund in the amount of $278,000 in order to establish and fund the Bookertown Park Playground Replacement Project (00234619).

18.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-201, as shown on page _______, implementing Budget Amendment Request (BAR) #12-008 through the Water & Sewer Operating Fund for Fiscal Year 2011/12 to appropriate funding in the amount of $245,000 for Various Utility Relocation Projects.

19.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-202, as shown on page _______, implementing Budget Amendment Request (BAR) #12-009 through the Natural Lands Endowment Fund in the amount of $7,300 to allocate funds from the Florida Fish and Wildlife Conservation Commission for Gopher Tortoise Habitat Management.

20.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-203, as shown on page _______, implementing Budget Amendment Request (BAR) #12-013 in the amount of $12,255,285, through various Water and Sewer Funds, to realign available funding within capital project budgets in order to maximize the use of restricted funds; no net change is made to the appropriated project budgets. 

21.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-204, as shown on page _______, implementing Budget Amendment Request (BAR) #12-016 through the General Fund, Economic Development Fund and 17-92 CRA Fund in the amount of $647,228, appropriating $349,509 for implementation of the Economic Development Business Plan as presented to the BCC on 10/25/2011.

22.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-205, as shown on page _______, implementing Budget Amendment Request (BAR) #12-017 through the General Fund and the Infrastructure Improvement/Capital Projects Fund in the amount of $31,200,000 to transfer and appropriate $15,600,000 to fund the Public Safety Communications P25 Radio System Digital Upgrade Project.

22A. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-206, as shown on page _______, implementing Budget Amendment Request (BAR) #11-101 in the amount of $40,000 through the Worker's Compensation Fund to increase the operating budget to cover the cost of final claims and settlements paid for Fiscal Year 2010-11.

 

Growth Management

Planning & Development Division

23.  Request to schedule and advertise Public Hearings to advertise the Trademark Metals Recycling, LLC application for Brownfield Area designation.

24.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-207, as shown on page _______, establishing Rules of Procedure for the Code Enforcement Special Magistrate(s). 

25.  Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to the Memorandum of Understanding between Seminole County and the Seminole County Sheriff’s Office regarding the Allocation of Code Enforcement to incorporate references to a Special Magistrate(s) to hear Code Enforcement Issues.

26.  Approve and authorize the Chairman to execute the Amendment, as shown on page _______, to Service Funding Agreement by and between Seminole County, Florida and LYNX.

27.  Adopt and authorize the Chairman to execute appropriate Resolution #2011-R-208, as shown on page ______, vacating and abandoning a portion of a fifteen foot (15') platted utility easement located at 2056 Shadyhill Terrace, Debbie and Charles Hall.  Submittal of proofs of publication, as shown on page _______. 

 

Leisure Services

Greenways & Natural Lands Division

28.  Approve and authorize the Chairman to execute an American Alligator Exhibition Services Agreement, as shown on page _______, with Mr. Matthew Waterhouse to display a young alligator at the Ed Yarborough Nature Center.

29.  Approve and authorize the Chairman to execute Agreement, as shown on page _______, with the City of Sanford to Fund Improvements to the Sanford Marina through the Boating Improvement Program for Fiscal Year 2012.

 

Public Safety

Business Office

30.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-209, as shown on page _______, renaming West Carrigan Avenue to Carrigan Avenue. 

 

Public Works

Engineering Division

31.  Approve and authorize the Chairman to execute Grant Agreement No. S0540, as shown on page _______, with the Florida Department of Environmental Protection in conjunction with the construction of the Cassel Creek Regional Stormwater Facility.

32.  Adopt appropriate Resolution #2011-R-210, as shown on page _______, accepting a Drainage Easement, as shown on page ________, (R.E. Jammes to Seminole County) for the construction of drainage improvements along a portion of Orange Boulevard.

33.  Adopt appropriate Resolution #2011-R-211, as shown on page _______, and authorize the Chairman to execute a Locally Funded Agreement, as shown on page _______, with the Florida Department of Transportation in conjunction with the Transportation Regional Incentive Program (TRIP) Funding for the addition of lanes and reconstruction of State Road 434 from Interstate 4 to Rangeline Road (FDOT-Financial Management Numbers 240233-3-52-01/02 - 240233-3-56-01 thru 08 - 240233-3-62-01/03).    

 

     Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Dallari, seconded by Commissioner Henley to approve and authorize the Chairman to execute the Non-Exclusive Franchise Agreement, as shown on page _______, for Commercial Solid Waste Collection Service with DisposAll, Inc. 

Districts 1, 4 and 5 voted AYE.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

     Clerk’s Office

     34. Expenditure Approval Lists, as shown on page _______, dated October 10 & 17, 2011; Payroll Approval List, as shown on page _______, dated October 13, 2011; Official BCC Minutes dated October 11, 2011; and noting, for information only, the following Clerk’s “received and filed”:    

 

 1.  Work Order #13, as shown on page _______, to M-5004-09.

 

 2.  First Amendment, as shown on page _______, to M-6857-11.

 

 3.  Amendment #1, as shown on page _______, to Work Order #9 to PS-3914-08.

 

 4.  Change Order #5, as shown on page _______, to Work Order #9 to CC-2183-07.

 

 5.  Change Order #3, as shown on page _______, to Work Order #35 to CC-2184-07.

 

 6.  Notice of Proposed Agency Action; Order Approving Utilities Inc. of Florida Quick Take Application; and Consummating Order from the Florida Public Service Commission relating to Docket #110192-GU and Docket #110142-WU.

 

 7.  Work Order #24, as shown on page _______, to PS-3914-08.

 

 8.  Work Order #6, as shown on page _______, to PS-3166-08.

 

 9.  Second Amendment, as shown on page _______, to IFB-600009-06.

 

10.  Parks Contracts, as shown on page _______, as follows:  Lisa Clifone; Katherine Ayala; Doug Chiodini; German Rivera; Frank Rodgers; Clifford Franke; Ronald Moyer; Jillian Parisi; Stephanie Junz; Christopher Canone; Vincent Bavaro; Gerald Ryder; and Michael Werner.

 

11.  Amendment #2, as shown on page _______, to Work Order #49 to PS-5174-04.

 

12.  Second Amendment, as shown on page _______, to RFP-600933-10.

 

13.  Parks Contracts, as shown on page _______, for Kelly C. Harle; Deborah Coreil; and Rhett Stanberry.

 

14.  Amendment #1, as shown on page _______, to Work Order #8 to RFP-2574-07.

 

15.  Change Order #3, as shown on page _______, to CC-5682-10.

 

16.  Amendment #1, as shown on page _______, to Work Order #7 to RFP-2574-07.

 

17.  Change Order #1, as shown on page _______, to Work Order #13 to CC-3321-08.

 

18.  Change Order #1, as shown on page _______, to Work Order #14 to CC-3321-08.

 

19.  Change Order #3, as shown on page _______, to Work Order #34 to CC-2184-07.

 

20.  Closeout, as shown on page _______, for Work Order #34 to CC-2184-07.

 

21.  Work Order #42, as shown on page _______, to CC-2184-07.

 

22.  Certificates of Costs of Abatement of Pool Liens, as shown on page _______, for 135 Lake Harriet Dr.; 2824 Charmont Dr.; and 700 Sweetwater.

 

23.  Closeout, as shown on page _______, for Work Order #38 to CC-2184-07.

 

24.  Change Order #2, as shown on page _______, to Work Order #38 to CC-2184-07.

 

25.  Closeout, as shown on page _______, for Work Order #37 to CC-2184-07.

 

26.  Closeout, as shown on page _______, for Work Order #35 to CC-2184-07.

 

27.  Change Order #5, as shown on page _______, to Work Order #39 to CC-2184-07.

 

28.  First Amendment, as shown on page _______, to RFP-601176-11.

 

29.  Memorandum, as shown on page _______, to BCC and County Manager from Chief Penny Fleming, Sheriff’s Office, relating to Closeout of Sheriff’s Office 2010/11 Budget.

 

30.  Federally Funded Subgrant Agreement, as shown on page _______, with the Department of Community Affairs relating to 2011/2012 CSBG grant award in the amount of $147,480, as approved by the BCC on Dec. 14, 2010.

 

31.  Work Order #9, as shown on page _______, to CC-5075-10.

 

32.  Work Order #21, as shown on page _______, to PS-5124-02.

 

33.  Change Order #2, as shown on page _______, to CC-6792-11.

 

34.  Amendment #1, as shown on page _______, to Work Order #34 to PS-1529-06.

 

35.  Amendment #1, as shown on page _______, to Work Order #9 to M-5004-09.

 

36.  Parks Contracts, as shown on page _______, for Tim Campbell; Luis Santiago; Daniel Ziegler; Bruce Weaver; Peter Theoret, Inc.; and David Murwin.

 

37.  M-7129-11 Agreement, as shown on page _______, Alpine Software Corp.

 

38.  Recorded Home Ownership Assistance Program Mortgage Deed, as shown on page _______, for Shahama Boswell and Charles Jones.

 

39.  Audit of dependent eligibility under the BCC Self-Insured Health Plan submitted by the Clerk of Circuit Court.

 

40.  Amendment #1, as shown on page _______, to PS-2468-07.

 

41.  Amendment #3, as shown on page _______, to PS-5151-03.

 

42.  Work Order #26, as shown on page _______, to PS-3914-08.

 

43.  Copy of Letter of Credit #BB-9918/AR45, as shown on page _______, in the amount of $65,161 for Tusca Place.

 

44.  Closeout, as shown on page _______, for CC-3464-08.

 

45.  Closeout, as shown on page _______, for Work Order #8 to CC-2183-07.

 

46.  Amendment #1, as shown on page _______, to Work Order #2 to RFP-6174-10.

 

47.  Work Order #98, as shown on page _______, to PS-1074-06.

 

48.  Change Order #4, as shown on page _______, to Work Order #10 to CC-2183-07.

 

49.  Bids as follows:  CC-7107-11; CC-6944-11; CC-6951-11; and CD’s for CC-6944-11 and CC-6951-11.

 

Districts 1, 2, 4 and 5 voted AYE.

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

     Sheriff’s Office

35.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-212, as shown on page _______, implementing Budget Amendment Request (BAR) #12-010 re-budgeting $708,416 in prior year’s unexpended grant funds to the Sheriff's Office FY 2011/12 budget.

 

Districts 1, 2, 4 and 5 voted AYE.

REGULAR AGENDA

Joy Williams, Planner, addressed the Board to present a request for a waiver to the Active/Passive Buffer Setback Design Standards for Chinmaya Mission of Orlando Expansion.          Ms. Williams stated that the applicant proposes to expand an existing building and parking area for an assembly of worship.  She described the proposed landscape buffers.  Ms. Williams advised that staff has determined that the requested waiver would not cause an adverse impact to the adjacent property which also operates as an assembly of worship.  Staff recommends approval and requests that the staff report be made a part of the record.

Upon inquiry by Commissioner Henley, Ms. Williams stated that the Chinmaya Mission operates in unity with the adjacent property, the Hindu Temple; and both work together to serve the community.  She stated they did want not to create any more division between the two properties.  A zoning map (from the agenda packet) was displayed illustrating the shared access between the Chinmaya Mission and the Hindu Temple.  Ms. Williams explained that the setback request was for the east portion and the north portion.  Upon further inquiry by Commissioner Henley, Ms. Williams stated that the wall would be required along the north and east perimeter. 

Motion by Commissioner Horan, seconded by Commissioner Dallari to approve the request for a waiver to the Seminole County Land Development Code, Section 30.1232 - Active/Passive Buffer Setback Design Standards, for Chinmaya Mission of Orlando Expansion. 

Districts 1, 2, 4 and 5 voted AYE.

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Ian Sikonia, Planner, addressed the Board to present a request for a Special Event Permit for Pet-A-Palooza to be held at 1900 Seminole Soccer Loop on December 3, 2011.  Mr. Sikonia stated that the applicant, CBS Radio, is requesting to hold a "Pet-A-Palooza" event at the Seminole Soccer Club property with an estimated attendance of between 3,000 and 5,000 people.  The applicant has secured eight Seminole County Sheriff's Officers to handle security and two Seminole County Emergency Management technicians to handle medical emergencies during the event hours.  The special event permit is necessary due to the outdoor amplification of sound associated with the proposed bands, "Hanson" and "Parachute."  He advised that the applicant is not requesting a rain date.  Staff is recommending approval with the six conditions outlined in the staff report (with corrections made).

District Commissioner Carey stated that she would like support for this item.

Motion by Commissioner Dallari, seconded by Commissioner Horan to approve the request for a Special Event Permit for Pet-A-Palooza to be held at 1900 Seminole Soccer Loop on December 3, 2011, subject to staff's recommended conditions (CBS Radio, Applicant).

Districts 1, 2, 4 and 5 voted AYE.

COUNTY MANAGER’S AND STAFF’S BRIEFINGS

Chairman Carey stated that Item #38, Major Water Treatment Plant Projects presentation, will be scheduled for a December workshop so they have sufficient time for discussion.

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Sabrina O'Bryan, Fiscal Services, addressed the Board to give a brief status report on legislative issues.  She advised that she submitted a report (copy not received and filed) on Friday to the Commissioners on the status of the bills that they are monitoring.  She stated that the Governor’s proposed budget will be available in early December.  She updated the Board on the Florida Association of Counties’ (FAC) recently released position on Internet Cafes, which is regulation versus banning.  She stated that they will be tracking HB 467 and SB 380. 

Chairman Carey advised that Seminole County is in a little different situation than a lot of the other counties in that they have a charter amendment that does not allow any more gambling in the County than what existed at the time of the charter amendment.  Upon inquiry by Chairman Carey, Mr. Applegate stated that he believes Orange County has a provision similar to Seminole County’s provision.  He explained that when he brought the issue up with the Florida Association of County Attorneys to seek support, he was told that the Association would not get involved because other counties were supporting gambling.  Discussion ensued.

Ms. O’Bryan updated the Board with regard to Numeric Nutrient Criteria and TIGER III grant funding.

Commissioner Dallari asked Mr. Applegate to explain the State Constitution with regard to future gambling.  Mr. Applegate advised that the slot machine case that they previously talked about has been appealed to the Florida Supreme Court.  He stated that the Board granted his request to file an amicus brief.  The motion is prepared and they will be filing that.  He explained their legal position is that the First District Court of Appeal and the parties overlooked the Loretta case.  Although Seminole County does have a very strong charter provision, the issue becomes if the Legislature starts trying to expand what was considered illegal gambling as legal gambling, that opens the door to a lot of litigation down the road as to what their charter prevents and what it would allow with voter approval.  Mr. Applegate explained that their argument with the Supreme Court is that based on the Loretta case and Article 10, Section 7 of the Florida Constitution, they believe very strongly that the case should be overturned.

Commissioner Horan stated that all of this comes in the wake of a rather interesting backdrop.  There is the pending legislation regarding South Florida gambling.  There are the pari-mutuels who want their piece protected.  There are the Internet Cafes, which would be banned under the proposed legislation; and FAC is coming in and saying there should be regulation instead of banning which means if they regulate Internet Cafes, they, in some way, shape or form impair their contract with the Seminole Tribe.  Since this is all going to be very fluid, he suggested they keep a close eye on it.  He stated he is happy the County Attorney has a background in this area.     Commissioner Horan asked Ms. O'Bryan if she had an analysis of the Public-Private Partnership (PPP) statute yet.          Ms. O'Bryan stated that she has a general review of HB 337 and SB 576.  She stated she would like to work a little more closely with the Growth Management team later this week and next week.  Everything that they expected to see is here.  There is a component calling for local jurisdictions to be notified if qualified projects are submitted in their area.  The bill has done a good job of identifying the legislative findings and the intent about requesting that specific guidelines be released in regards to their procurement procedures.  She stated that she has reached out to Mr. Hooper to make sure that he is aware of the CCNA’s (Consultant’s Competitive Negotiations Act) potential for not applying in this particular legislation.

Commissioner Horan asked if the legislation exempts the CCNA from PPP-type projects.  Ms. O'Bryan stated there is an option to exempt that.  Other factors that could be considered would be cost, reputation, experience, financial capacity, design, and eligibility.  She stated that she believes they need to form a smaller team to look at this from a procurement standpoint as well as from a planning standpoint.

Ms. O’Bryan stated there is a lot of emphasis on the term "qualifying project" and they want to be sure they understand the parameters.  She stated there are several factors that she has not had an opportunity to review and would like assistance from the County Attorney's office related to sovereign immunity as well as coordinating with Fiscal Services for federal, state and local financing.  Ms. O'Bryan advised that the piece that was very clear was that the Private Partnership Advisory Commission will consist of twelve members in total with two members being from the House, two members from the Senate, and eight members appointed by the Governor including four local Commissioners, two State representatives and two private representatives.  That will be the entity that will oversee the Private-Public Partnership Act moving forward.  She stated that staff would like to do a more formal staff analysis, with the County Manager's support, and get something to the Board shortly.

Commissioner Horan explained his understanding of the genesis of the bill.  He stated that he thinks the art of this legislation is going to be providing flexibility, guidelines and metrics for the local governments without being proscriptive.  Ms. O'Bryan stated that the intent is to encourage the investment by private entities into State- or County-related projects and allow for flexibility in financing mechanisms and capital development.

Commissioner Henley stated that they all are aware of all of the negative publicity that the Expressway Authority is getting, which has led to the resignation of Mike Snyder.  He reminded the Board that when they were approached about getting their support and agreement for the Expressway Authority to build this leg, the Board took a position that if you are going to move into other counties for a regional expressway authority, then the makeup of the board should reflect that.  They asked, as part of the agreement, for a seat on the board which didn't work out because it took legislation to affect that.

Commissioner Henley stated that he believes the reason the Expressway Authority has had a "culture of corruption" is the fact that of the people that are on the board, only one of them is accountable to the local people.  All of the rest of the people are appointments and not accountable to local people.  With the amount of money that that they deal with and the impact that they have upon the people, he thinks it is important that the Legislature change that board so there are more elected officials on the board as they did a few years ago with LYNX. 

Commissioner Henley stated that it may be a little late to get anything introduced, but he believes it is not too late to start talking to their legislative people about it.  He believes Seminole County should have a seat on the board and hopes the Commissioners still feel that way.  Chairman Carey stated that was the reason she did not support the agreement.  She stated that she believes Mike Snyder is a great road builder and it is unfortunate that they lost him. 

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Chairman Carey invited Senator Altman to speak.

Senator Thad Altman addressed the Board to state that in being a former County Commissioner, he is very impressed with the way the Board works through their agenda.  He stated that another issue related to the Expressway Authority is the consolidation of all expressway authorities under the State's umbrella.  That bill will be coming back this year.  He stated that he voted against that and believes it is a huge encroachment on home rule.  The local authority empowered the local communities to build some roads that they had to have that the State wasn't building.  He is concerned about that particular legislation. 

Senator Altman stated it is not too late to file a bill.  The deadline for submitting language to bill drafting is December 1.  He stated it is always a challenge to get House sponsors since they are limited to six bills.  He would be willing to put some language in drafting for the County to address that.  They could always do it as an amendment to a major transportation bill.  Senator Altman discussed the arguments with regard to consolidation.  He stated he likes the concept of local expressway and transportation authorities and thinks the statute that created that was wise. 

Chairman Carey stated that, hopefully, Senator Altman will support their bill that was filed by Senator Simmons on the Senate side and Representative Plakon on the House side to reinstate the Seminole County Expressway Authority which inadvertently got deleted when a lot of the expressway authorities got deleted.

Senator Altman stated he voted against deleting the authority.  He stated it was a huge overreach and he believes they can do the job better on a local level.  When you take away the local decision-making authority, it will hurt transportation planning from this point forward.  He advised that he would be willing to work with the County on their Expressway Authority and knows that Senator Simmons is working hard to get it reinstated.

Upon inquiry by Chairman Carey with regard to the gambling issue, Senator Altman stated it will be an interesting year with gambling.  He stated there is a huge push for the so-called destination resorts.  That bill has been filed and will be coming before the Regulated Industries Committee.  He advised there is a strategy to couple outlawing Internet cafes with that bill, which is probably designed in a way to try and reduce the gambling footprint statewide but increase it dramatically in the South Florida area.  That will be a very close vote.  Senator Altman described the arguments being used for it and the problems with those arguments. 

With regard to the Internet cafes, Senator Altman stated that when the issue first came out, there was a lot of support for doing away with Internet cafes.  He described the arguments used by the movement to regulate Internet cafes.  He thinks whether they totally outlaw or completely redo some major regulations of the entities, one or the other will happen. Regarding whether they are going to maintain local government's ability to regulate them and perhaps even not allow them, if they choose to not allow them in their community, is an issue that he will certainly consider and talk about when it comes up. 

Senator Altman described the Government Efficiency Task Force that meets every 10 years and stated that one of issues that they are looking at is the CCNA.  He stated they are actually taking what he believes is what has been the Florida Association of Counties' position for years, which is to reform the process to allow it to be more competitive.  That bill has been filed by Senator Bennett and he thinks it is being recommended by the Task Force on Government Efficiencies and will be a major bill with a lot of discussion. 

Upon inquiry by Chairman Carey, Senator Altman stated he is here to listen to the SunRail discussion and this afternoon's discussion about PODS, golf carts and UPS.  He stated that he sponsored the bill and hopefully it will work out and save fuel. 

Upon inquiry by Commissioner Horan on CCNA reform, Senator Altman explained that there is significant interest this year due to this being a time when money is really tight.  They are looking at ways that can save the public sector money.  He thinks they have been tough on local government and doesn't agree with some of the things that the State has done in terms of mandates.  He stated that the counties, cities and school districts were asked to come forward with mandates that are costing money, which the local governments have done.  He thinks they will see, hopefully, a lot of bills that are starting to roll forward this session and sessions in the future that will remove some of the mandates that are not allowing local governments and school boards to operate in an efficient way.  He encourages local governments to be engaged on that issue.

Commissioner Dallari thanked Senator Altman for his efforts and for being an advocate of not only the County but for all local governments. 

Commissioner Henley asked Senator Altman, since he filed the POD bill, if it was his understanding that he placed any limitations on local government by regulating how that will be done.  Senator Altman stated that he worked with the industry on the bill and the primary focus was the saving of fuel.  He believes they have estimated they will save approximately a million and a half gallons of fuel for UPS, not to mention the environmental benefits, national security benefits and the ability to provide delivery of goods more efficiently.  He stated that they worked hard to give the local communities the authority to permit any structures or uses in those neighborhoods.  He believes there has to be some sort of regulatory scheme to make sure things are done properly.

Commissioner Henley stated he had people in his office yesterday who were upset over the situation with motorized golf carts on the sidewalks with no lights and things of that nature doing deliveries.  From a safety standpoint, he believes it is important for them to take a look at what regulations they can have to improve the safety issue.  Discussion ensued with regard to the intent of the bill.  Senator Altman advised that the intent of the bill was that the golf carts would be street approved, would be on the streets and not running through yards and on sidewalks.

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Mr. Hartmann discussed an up-coming meeting (November 15) with the Commissioners and the members of the city councils, especially the mayors, to discuss SunRail.  He distributed a proposed meeting agenda (copy received and filed) for which he would like to get Board approval. 

Chairman Carey recessed the meeting at 11:00 a.m., reconvening at 11:05 a.m.

Nicole Guillet, Growth Management Director, addressed the Board to explain that Senator Simmons has started a series of discussions aimed at developing some legislation to address SunRail with the intent to insure that, at its start, SunRail is a success.  He started the discussion by indicating his idea was that there needed to be some additional enhancements at the SunRail sites over and above the platforms and the surface parking that are currently designed.  He started a dialogue with the local governments that are along Phase 1 of the SunRail route and asked them to come up with a list of things that they think are necessary in order for SunRail to be a success from the get-go.  From a staff standpoint, they believe if the Senator wants additional amenities that perhaps DOT should put those in as they do the initial station construction. 

Ms. Guillet referenced a one-page summary (copy received and filed) and stated that it was something that Senator Simmons asked be brought to the meeting on Thursday.  He wanted a summary of what has occurred thus far and what each individual local government believes is necessary in order to make sure that SunRail is a success.  From the summary, Ms. Guillet reviewed “Accomplishments Thus Far” and “Legislative Needs.”  She stated she has discussed this with Commissioner Henley and they would like to get feedback from the rest of the Board with regard to these items that they intend to present this week and any other items that the Board believes might need to be added to the list.

Ms. Guillet stated she understands that Senator Simmons will submit legislation addressing SunRail, and there will be some criteria for local governments within that legislation.  She thinks there may be some required improvements to sites and a requirement that local governments fund those additional improvements.  They are trying to shift the discussion from that focus to maybe some things that they think actually might be effective in insuring SunRail's success.

Chairman Carey stated that when they entered into the agreements to do SunRail, they didn't anticipate any additional amenities other than what had originally been planned.  Around the country, most of the stations, unless you are somewhere that is very dense, don't have parking garages.  They have surface parking.  When the time comes that the demand is there for parking garages and as the properties around the stations develop, that is when they envisioned those things might occur, and certainly not at the expense of local government.  Chairman Carey stated she is concerned that they are having this discussion now after they are in the deal when they have prepared and planned to fund the operation and maintenance needs in the future that were identified as they started to enter into this. 

Chairman Carey stated it may make more sense to look at combining one authority to govern what happens instead of having two different authorities.  That is where she believes they could get some legislative help.  But for the State to now be thinking about asking them to put more local dollars into these stations that they did not sign up for in the beginning is a little late.

Commissioner Henley stated in his perception and based on attending the meetings and having a lengthy conversation with the Senator prior to going, he believes part of the problem is the Senator is not aware of all that has been done.  The Senator wanted a timeline starting from January 2014 working back, an up-to-date of everything that had to be done, since the first impression is the most important one.  The Senator has a concept that those stations need to be more elaborate.  In Salt Lake City and other places, the stations weren't; they were platforms.  Around the station is where private development comes in and starts to put in the coffee shops and the retail and those types of things.  Commissioner Henley stated that he told Senator Simmons everything this Board has jurisdiction over will be done and done on time; but they don't have jurisdiction over hardly anything until seven years after it starts. 

Commissioner Henley advised that the other item they tried to bring Senator Simmons up to date on was the work of MetroPlan and the task force with regard to the regional dedicated funding source for transportation which will take care of rail, roads and buses.  It looks like the regional task force will be closing their work soon with recommendations coming back to MetroPlan.  They were charged with the responsibility of looking at every available option for new revenue. 

During the conversation with Senator Simmons, Commissioner Henley stated he made a suggestion (and it was his suggestion, not on behalf of the Board) that they needed to probably amend the charter county surtax to allow local governments with a super majority to impose a sales tax.  If they go to a referendum and either one or two of the counties vote it down, that $2 billion investment is dead because the other two counties cannot pay for it.  He explained that is why the recommendation is in the summary.  He also suggested that the Legislature do for transportation what they did for the water management districts.  They created taxing districts for water management under an authority. 

Commissioner Henley stated that right now, SunRail's success is going to depend largely upon LYNX's ability to be able to service those stations.  He stated that LYNX is, by law, the Central Florida Transportation Agency.  Now, they have the SunRail Commission and they will have to work together.  In order to do that, he believes they ought to be under one authority with two divisions to make sure they don't wind up at odds with one another.

Chairman Carey stated they all know they have to be able to fund this going forward.  Osceola and Seminole County have both been successful in getting the additional penny sales tax.  Orange County has never been able to get that passed.  Having the option with the charter county transit tax to be able to levy the tax with a super majority certainly would be helpful in the event that that is what they need.  She explained that they have also fought for years for the $2.00 to $2.50 car rental surcharge.  That is something that they can't seem to get through the Legislature.  They have got to have some way to fund this going forward.  She was disappointed when the rail commission was established because it could have always been done by LYNX.  They are the Central Florida Transportation Authority and they could have been the agency to do it but they don't have taxing authority.  She thinks the idea of merging that into one group and giving them taxing authority like the water management districts probably makes some sense. 

Commissioner Henley stated that the members of the board of LYNX and the members of the commission are all the same except one.  So long as that exists, there will be cooperation between the two; but who knows what the future will bring.  To him it makes sense to have one authority with taxing.  He wouldn't support that being the ad valorem tax, but certainly sales tax would be the avenue that he would hope they would give them permissive legislation. 

Commissioner Dallari requested that Ms. Guillet contact Harry Barley from MetroPlan.  With regard to the operating hours, MetroPlan is putting together some numbers and what it would take to expand it.  Most people are not aware that the operation hours of SunRail at this point are very limited.  They are looking at what it would take to expand that.  He explained that you could take SunRail to Downtown Orlando but you would be taking a cab back.  Discussion ensued with regard to the operating hours of SunRail. 

Commissioner Dallari requested that Ms. Guillet also ask Mr. Barley for an update with regard to I-4 and the timeline.  He stated that the whole genesis for SunRail is because I-4 is going under major construction.  Once it goes into major construction, it will force people off of I-4 to go onto SunRail.  Without that, they are not going to go onto SunRail.  He also requested an update on the study being done for the airports.

 Commissioner Dallari stated that he is a member of the dedicated task force for transportation and indicated that they have a presentation they are bringing to the Board.  He would like for the County, as well as all of the elected officials, to see it.  He stated there are things that they can do in Tallahassee to help them, like push people off I-4 by expanding it as the original plan was.  He advised they should follow the original plan because it does work.  Chairman Carey explained the need to get the legislation done while the people who supported SunRail to begin with are still there. 

Chairman Carey requested that they have as much of the information as possible for the workshop next Tuesday with the cities (including the agenda) distributed in advance. 

Commissioner Henley explained the changes to the LYNX connections in order to serve the stations and the forecast of costs. 

Chairman Carey stated that she believes it is important that they continue to try to get the legislation in place so they are not thinking about this six years from now and trying to figure out how to get it done to make sure that it is going to be a success.  Commissioner Henley stated it is not necessary to implement it now and it should lie dormant three or four years at a minimum.  That is with the assumption that they went ahead with a referendum that was turned down.  

Ms. Guillet stated she thinks that Senator Simmons, although maybe otherwise intended, has given them an opportunity and an entrée to get some of these issues incorporated into his legislation. 

Chairman Carey stated that she does not know that the State legislators have been as intimately involved as the County has been since they are the ones that have to write the check at the end of the day.

Commission Horan stated that with regard to a regional authority with taxing ability, he agrees with Commissioner Henley.  He stated he is not quite sure that he is comfortable with ad valorem taxing authority.  He advised that if they are going to have a regional authority, they must insist on very strict local oversight. 

Commissioner Horan stated, in his experience, surface parking is an impediment to density and an impediment to really getting the kind of atmosphere that they need.  The sooner they see garages going up in and around these stations, the better it will be.  He believes that is where the private-public partnerships come in, to finance things like that.  Commissioner Horan stated that he shares Chairman Carey's concern about not spending public money for that but using public credit and public ability to leverage the kind of density that they will need. 

Commissioner Horan stated that he agrees that Mr. Barley is looking at a lot of alternatives right now with regard to special events, how much more often this is going to run because of those events, so that people are not in a position of taking SunRail downtown and needing to take a cab home.  He believes it is important to know where those efforts are.

Commissioner Henley advised that while at a meeting, someone from Orange County made a suggestion that maybe they should quit building roads and put it into rail.  By the Year 2040, every road in the state of Florida is going to be at "F" capacity.  They need them both.  He advised that they have pushed back projects that are badly needed for a number of years as a result of the reduction in the transportation fund by the Legislature.  He discussed an agreement with FDOT regarding overruns with SunRail. 

Mr. Hartmann requested verification that the Board is good with the agenda.

Chairman Carey stated that the agenda looks fine with the additions that they just talked about. 

Mr. Hartmann advised that they will get the items and get as much out as early as possible this week so everyone will have an ability to study the information.  He verified that the Board is okay with the summary sheet that they would like to provide to Senator Simmons at Thursday's meeting.  Commissioner Horan stated yes, with the items that they have added. 

Ms. Guillet requested that the additional items be summarized.  She has the additional information that the Board wants presented at the joint meeting from MetroPlan.  Her question is although there is a pretty full agenda, would the Board like Mr. Barley to be scheduled to come and talk about those items as well or does the Board just want those items distributed to the attendees.

Commissioner Dallari stated he would like to have Mr. Barley, if he is available, or someone on his staff explain the information.  When you start looking at the operational hours, it is quite evident that even in the first seven years, even though DOT is running it, they need to step up the frequency.

Chairman Carey advised that staff should look at the agenda a little closer and focus on the things they really need to focus on for this initial discussion.  She suggested they regroup and prioritize what it is they want to talk about and maybe take several things off.  She stated that if the Board is comfortable with it, she and Commissioner Henley can work with staff to make sure they get the highlights that the Board has expressed here; and the things that can be put off and talked about later can be at a different time.  No objections were voiced. 

With regard to supplementing what is already covered in the "Legislative Needs", Ms. Guillet stated the only note that she has is to expand on the idea of creating a regional authority that would deal with the transit issues as a whole, clarifying that a little bit, making sure that it is optional to be able to create that authority and that there be strong local oversight.

Commissioner Dallari advised that the dedicated task force that they spoke about is involved in that as well.

Chairman Carey suggested they see where the funding analysis is at MetroPlan and what information they can share and then meld that together with the ideas that they have to come up with a final document.

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Request for approval for Veteran's Day Celebration Special Event Permit for VFW Post 10139 Veteran's Day Celebration to be held at 300 Lake Mills Avenue, Chuluota, on November 12, 2011 was presented. 

Commissioner Dallari thanked the County Manager and staff for expediting this item.

Motion by Commissioner Dallari, seconded by Commissioner Henley to approve the request for Veteran's Day Celebration Special Event Permit for VFW Post 10139 Veteran's Day Celebration to be held at 300 Lake Mills Avenue, Chuluota, on November 12, 2011 subject to staff’s recommendations.

Districts 1, 2, 4 and 5 voted AYE.  

COUNTY ATTORNEY’S BRIEFING

Mr. Applegate advised that he and David Shields, Deputy County Attorney, will be attending the Florida Association of Counties’ meeting next week.  He stated that Mr. Shields, who is the expert on gambling laws and history in the state, will be making a presentation to the County Attorneys on the Internet cafe litigation.  Mr. Applegate stated he will be there to make their plea for the issues relating to all of the other gambling issues.

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Chairman Carey recessed the meeting at 11:35 a.m., reconvening at 1:31 p.m. with all Commissioners (with Commissioner Van Der Weide being absent) and all other Officials, with the exception of Deputy Clerk Jane Spencer, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

     Districts 1, 2, 4 and 5 voted AYE.

PUBLIC HEARINGS

BEAR GULLY ROAD REZONING ORDINANCE

     Consideration of adoption of an Ordinance rezoning 39.4 acres located on the south side of Bear Gully Road, approximately Ľ mile east of Howell Branch Road and approximately Ľ mile north of SR 426, from the A-1 (Agriculture) and R-1AA (Single-Family Dwelling) districts to R-1BB (Single-Family Dwelling), The Ryland Group, Inc.

     Chairman Carey stated she understands that there is an issue with the advertising for this item, so it will be pulled from the agenda and will be brought back in December, 2011.

Yankee Lake Rezone Ordinance/Seminole County

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance rezoning 615.94 acres, located on the north side of State Road 46, approximately 2 miles west of Orange Boulevard, from A-1 (Agriculture) to PLI (Public Lands and Institutions), Seminole County, received and filed.

     Kathy Hammel, Planning & Development, addressed the Board to present the request, stating the current zoning classification is for private residential use or agricultural uses.  Seminole County has no intention of using this property for private use or agricultural uses.  Its current use is as a wastewater treatment facility and other future County-owned facilities and/or improvements.  The Planning & Zoning Commission recommended approval of the rezoning to PLI and staff is also recommending approval.  The current zoning is also inconsistent with the future land use of public managed lands and staff would like for the property to be consistent with the land use.

     No one spoke in support or in opposition.

     District Commissioner Carey recommended approval of the rezoning from A-1 (Agriculture) to PLI (Public Lands and Institutions).

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt Ordinance #2011-30, as shown on page _______, rezoning 615.94 acres located on the north side of State Road 46, approximately 2 miles west of Orange Boulevard, from A-1 (Agriculture) to PLI (Public Lands and Institutions); as described in the proof of publication, Seminole County. 

     Districts 1, 2, 4 and 5 voted AYE.

Seminole County Landfill Rezone Ordinance

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance rezoning 5,897.96 acres located on the north side of East Osceola Road, approximately 3 miles east of Old Geneva Road, from A-1 (Agriculture) and A-5 (Rural Zoning Classification) to PLI (Public Lands and Institutions), Seminole County, received and filed.

     Ms. Hammel presented the request, stating the current zoning is not the appropriate zoning classification for this property and it is also inconsistent with the future land use.  The Planning & Zoning Commission voted to approve the requested rezone and staff is also requesting the Board of County Commissioners to adopt the Ordinance rezoning the property.  She requested that the staff report be made a part of the County’s record.

     Upon direction by Chairman Carey, Ms. Hammel reviewed the background history for this request and advised staff would like for the zoning to facilitate the construction of public safety towers, to be consistent with the future land use, and to facilitate any future County improvements on the properties.  She confirmed with Chairman Carey that she is referring to 800 MHz and potentially cell towers, and the type of structure that would be owned and operated by the County.  She said there is currently insufficient coverage in this area for public safety purposes and these towers are needed at this time. 

     Chairman Carey advised, for clarification, that this request has nothing to do with extending the lease on the Boar’s Nest. 

     No one spoke in support or in opposition.

     Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt Ordinance #2011-31, as shown on page _______, rezoning 5,897.96 acres located on the north side of East Osceola Road, approximately 3 miles east of Old Geneva Road, from A-1 (Agriculture) and A-5 (Rural Zoning Classification) to PLI (Public Lands and Institutions); as described in the proof of publication, Seminole County, based on the staff findings.

     Districts 1, 2, 4 and 5 voted AYE.

Land Development Code Amendment Ordinance/Seminole County

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance amending Chapter 30 of the Land Development Code to establish Temporary Package Storage Permits to facilitate the seasonal delivery of packages, Seminole County, received and filed.

Jeff Hopper, Planning & Development, addressed the Board to present the request, stating staff received several letters in opposition which have been distributed to the Board.  The Planning & Zoning Commission voted 4 to 2 to recommend denial of this amendment.  He said the proposed amendment would permit temporary storage facilities (PODS) within or adjacent to residential areas.  Use of these facilities would be limited to a time period beginning November 30 and ending on December 31 of each year.  He made a clarification in the draft Ordinance on page 6, Paragraph #13, to delete the sentence, “Parking or stopping in a public right-of-way shall be prohibited,” and insert a new sentence, “Delivery vehicles, including golf carts or other low-speed vehicles, shall not block traffic when loading, unloading or delivering packages.”  He said with that revision, staff is recommending approval of the proposed amendment.

Attorney Richard Davis, representing UPS, applicant, addressed the Board and submitted packets (copy received and filed) of information to the Board.  He presented the request, stating the PODS will be serviced by golf cart deliveries and these are governed by Section 316.2126 of the Florida Statutes.  He advised that in the materials submitted, he has provided pictures of the type of PODS proposed.  He noted that in the County’s ordinance which governs this activity, PODS can only be placed in residential subdivisions where homeowner associations agree.  They have to present to the Commission a letter of approval from the homeowner’s association indicating their agreement.  He reviewed the extensive conditions that apply to the operation of the POD within the areas.  He also noted that the County’s ordinance is enforceable, as are any of their other ordinances.  Additionally, the golf cart is made a condition of approval of the County’s ordinance.  Therefore, the Board has extensive regulatory authority to ensure that these activities are progressing in a safe and reasonable fashion.  Attorney Davis emphasized that this is a temporary use; the POD is only there for 30 days.  He said this use is intended to provide benefits to the community through the reduction of truck traffic; normalization of delivery in the residential subdivisions permitting the deliveries to occur during daylight hours as opposed to later in the evenings; and it is intended to be of benefit to the residents in the subdivision.

Chairman Carey clarified with Attorney Davis that the approval is not for UPS to use residential lots in a subdivision but for utilizing property owned and controlled by a homeowner’s association.

Kim Williams, UPS Human Resources Manager for the state of Florida, addressed the Board to speak to the issues of driver training, securing packages to the trailers and the operation of the golf carts.  He submitted copies of nine letters (received and filed) from area residents and letters (received and filed) from the Central Florida Urban League and Heart of Florida United Way in support of thiS request.  Mr. Williams gave reasons why they do this, stating they save more than 1,000 gallons of fuel.  He reviewed the statistics for the state of Florida and said using the golf carts reduce truck traffic during the day, and reduce noise and congestion on the residential streets.  The deliveries have to be done before sunset because the carts can’t be out after dark.  He submitted copies of the information, “Driver Helper Golf Cart Training Guide” (received and filed), and said extensive training is given to all their helpers.  He explained the training process and stated pre-trip and post-trip inspections for the golf carts are conducted daily to make sure they are safe, in compliance, meet all the rules of the road, and meet the regulations they are to abide by.  Mr. Williams reviewed the minor incident issues with golf carts throughout the state of Florida for last year and said they believe the operation is very safe.  For security of the packages, he said they added a change to put tarps on the trailers to make sure the packages are secure and don’t fall off the trailer.

Upon inquiry by Commissioner Henley, Chairman Carey noted that the documents indicate that the golf carts have front and rear lights.  Mr. Williams said they have headlights and taillights, but not necessarily directional lights; however, they teach the drivers how to use the proper hand signals. 

Commissioner Henley suggested putting in the ordinance the hours of operation the applicant is committing to, and Mr. Williams agreed to that.  Commissioner Henley questioned Mr. Williams, who answered that most of the golf carts pull trailers and the trailers do not have turn signals or brake lights.

Upon inquiry by Commissioner Dallari about the security of the packages, Mr. Williams said part of the requirement is that the drivers be in “line of sight” of the vehicles at all times.

Commissioner Horan questioned more about the use of tarps and security of the packages.  He said he would like to see something that indicates the trailers are tied down and secure.

Commissioner Henley said he would like assurance that the drivers are not allowed to drive on sidewalks to make a delivery.  He stated, as he understands it, the legislation is permissive legislation and is not mandatory.  That is also true if the Board approves the ordinance.  It doesn’t mean the people will have a POD in their community.  That is determined by the homeowner’s association and not the County Commission.  He said what needs to be emphasized is what the legislation says about how the golf carts can be used on public roads.  He is assuming they can’t drive carts on roads of 35 mph and above, and that will limit the number of roads where golf carts can be used.

Upon inquiry by Chairman Carey, County Attorney Applegate read Section (c)11, page 5 of the proposed ordinance, and said staff can add, “and shall only operate during daylight hours and shall avoid driving on all sidewalks.”  Whereupon, Commissioner Henley said he would rather be specific using the hours Mr. Williams gave because that defines daylight.

Upon inquiry by Commissioner Dallari, Mr. Applegate said these things would be enforced through the Code Enforcement Officers.  He also said the vehicles are not required to have license plates under the State Statutes.  Chairman Carey advised what the ordinance provides (on page 6) for enforcement.

Commissioner Horan said he would like to have in the ordinance that the vehicles can’t operate at night, that the hours be from sunrise to sunset; that they can’t operate on sidewalks or on private property; and that these particular trailers be reasonably secure so someone can’t just walk by and pull something out.  He stated his concern about this is public safety.

Attorney Tommy Boroughs waived his opportunity to speak.

Senator Thad Altman stated he is here to answer any questions.  He said he did sponsor the bill and he is very excited about UPS providing the highest quality of service they can provide to Floridians; and he is excited they are able to save a lot of fuel.  He said they in no way want this to be intrusive or to hurt neighborhoods, and that is why they provided an ordinance that gave the local officials some oversight capability.  The general intent was to be business friendly, consumer friendly and energy and environmentally friendly. 

Chris Glendye, 206 Clydesdale Circle, UPS employee, addressed the Board to state that from day one using these golf carts, he has heard nothing but complaints in his own neighborhood and also the neighborhoods he delivers to.  He discussed his experience being asked many times to take the fuel to the PODS and instructed to leave the gas can in the PODS.  He said some of the PODS can get up to 100 or 110 degrees and that’s unsafe to him.  He stated the regular drivers still have to go into the neighborhoods to deliver premium packages and to handle special pick-ups.  He said safety and security are probably the biggest issues with using the PODS.  He also said he doesn’t see a tarp holding down packages; and the “line of sight” is not there.

     Henry Green, 4314 Meeting Place, Safety Co-Chair for UPS Altamonte Drivers, addressed the Board to state his concerns for the drivers who have approached him.  He discussed the handling of over 70 packages; package security; weather conditions for the drivers and packages; and training for cover drivers versus training for seasonal help.  He said the full-time drivers are concerned about damages, injuries, and follow-up package deliveries. 

Upon inquiry by Commissioner Henley, Mr. Green said he did not know personally of any thefts, robberies or injuries.

Upon inquiry by Chairman Carey, Mr. Green explained how the training for seasonal drivers is handled.

Scott Gomber, 160 Sandalwood Way, UPS employee, addressed the Board to state where he lives with his family, he doesn’t want a business there.  If a POD is put in, via a homeowner’s association or private or community association, it makes no difference; it is still a business.  He said the only benefit this provides is to UPS directly. 

Upon inquiry by Commissioner Dallari, Mr. Applegate confirmed that even if the Board votes against approval of the ordinance, UPS will need a temporary use permit to use PODS in residential but not in a commercial district.

Nicole Guillet, Growth Management Director, addressed the Board to state a temporary use permit would be needed, but under the County’s existing code, the applicant could get such a permit to do this anywhere except in a residential neighborhood.  Further, she said there are no standards in place for those temporary use permits as they are enumerated in this proposal.  There are some additional requirements under this proposal that the applicant would have to go through in order to do this in a homeowner’s association area and a commercial area that they would not be required to go through under the existing code.

Patti Eaves, 1330 Suzanne Way, addressed the Board to state she is part owner of a business in Altamonte Springs and, as part of their business, they offer same day delivery service to their customers in Seminole County.  She said UPS is not unique in its home delivery business, nor are they the only company that deals with peak delivery situations.  Where UPS goes, FedEx follows.  This will increase the number of PODs and carts in Seminole County neighborhoods.  She asked how will the BCC deal with other businesses that want the advantage of the POD/cart delivery scenario.  If the Board denies other companies the same rights, it will create an unfair business market in Seminole County.  She said there is no good reason why UPS should be given leeway to re-write the codes for their sole purpose, while other businesses must abide by the laws and rules of the County.  She asked the Board to rule in favor of the County’s existing codes and laws, giving each and every business owner in the County a fair marketplace in which to grow all of their businesses. 

Randy Collins, 40550 W. First Avenue, UPS employee and member of the Safety Committee, addressed the Board to state there have been thefts in Heathrow and there have been some injuries of ankles and others on golf carts.  His biggest concern is that there are no seat belts or windshields on the golf carts; the light on the front of the golf cart is only 4”; there are no taillights; you cannot see the driver or golf cart when he first loads the truck and is leaving; and you can’t see his hand signals because the packages are stacked too high.  Concerning package security, he said the side doors of the truck will always be open.  Also, the key given to the drivers to open the PODS opens 70% of the locks to UPS and that’s a gateway to theft.  Mr. Collins said his packages on his truck had to be secure; the bulkhead door had to be closed at all times and, if not, he is fined; yet the golf cart driver can take whatever he wants and if he leaves the cart, anybody can come by and see what’s on the golf cart.  Further, there are no horns on the golf cart, so the drivers can’t attract attention that way.

Upon inquiry by Chairman Carey, Mr. Collins said he finds it hard to believe everyone would change the TSA home security laws for two months out of the year, but he is held liable for them.  He explained if his supervisor sees his bulkhead open, he would be fined and written up, and the disciplinary action could go up to termination; but the driver in the golf cart can drive by with packages not secure.  He said it would help with public safety if the packages were kept under lock and key in a lightweight, enclosed trailer.

Randy Eaves, 1330 Suzanne Way, UPS employee, addressed the Board and submitted pictures (received and filed) for the Board to review.  He stated if they look at the pictures, the PODS are not little ones, but they are big and ugly.  He said he doesn’t want them in his neighborhood and doesn’t want his homeowner’s association voting on his rights.  He stated these vehicles are unsafe, and the customers hate golf carts because the packages get soaked and delivered to the wrong house because UPS doesn’t train the people.  He said it’s all about money, not convenience for the customer.  He asked why is UPS getting standards dropped for seasonal help when it’s peak season and they are delivering more packages than any other time of the year. 

Bruce Bransford, 1541 East Boulevard, UPS employee, addressed the Board to state that now UPS is investing millions of dollars into new vehicles with electronic functions, so if the bulkhead door is open, seat belt is off, or back door is open, the driver will be written up and may be fired.  It is against the rules to leave unsecured packages.  He said it is unsafe for the golf carts on the road.  He stated gas is being transported in UPS vehicles and it is stored in the PODS, so some of the rules are being violated and they could probably get fined by DOT.  UPS has drivers laid off now who could be driving regular brown or rental vehicles at Christmas time, making twice the dollars as the helpers.  They are well-trained and have background checks under control.  He said background checks are not being done on the drivers of the golf carts, but UPS is just getting some basic information.

Peter Bleus, 833 Seminole Avenue, UPS employee, addressed the Board to state he is a golf cart driver who took the opportunity since he was laid off and was offered first bid at his own former position at $8.50 an hour, which is regularly $25.50 an hour.  He said it’s a complete fabrication that UPS allows only five packages on a cart.  He explained that when delivering to businesses, there is no “line of sight” and you’re in the business for 10 to 15 minutes not knowing what’s happening to the golf cart.  He further explained his experiences with making deliveries with the golf cart and said this is truly about money. 

Janet Mason, 1634 Lawndale Circle, former UPS employee, addressed the Board to state she doesn’t feel changing the zoning laws to be compatible with one business is the right thing to do.  She said parcel service has been successful for over 100 years without golf carts and they will still deliver packages in the same amount of time without them.  She further said there are plenty of seasonal businesses that get permits every year without infringing upon residential-zoned areas.  They set up shop in commercial-zoned areas where they belong.  She said it takes the golf cart three to four hours in a neighborhood to do the job of a normal, experienced driver which will be there for 30 minutes.  The UPS driver still has to come into the neighborhood with the big trucks because they have to do the pickups; and anything too heavy for the golf carts has to be brought in by the truck drivers.  She repeated comments by others that the golf carts are a danger to the public.  She submitted pictures (received and filed) to the Board showing the sidewalk a golf cart was using in her neighborhood, and related how her son and other students were forced off the sidewalk into the Howell Branch Road turn lane because of a golf cart. 

Anntoinette Ashby, 105 Valley Drive, addressed the Board to state her mother lives with her, who is 77 years old; and her concern is that she doesn’t believe her mother would see the golf cart if she is backing out of the driveway.  Her mother picks up her daughter from Sabal Point and she would not see the golf cart.  She doesn’t think the golf cart is safe, and she doesn’t want a POD in Sweetwater.  She said her daughter rides her bike in front of Sweetwater Boulevard South.

Chairman Carey advised whether the Board passes the proposed Ordinance or not, UPS has certain rights already and could have a POD on a commercial piece of property and have golf carts going into Ms. Ashby’s neighborhood.  If the Board passes the Ordinance, it would make it more stringent about what could or could not be done.

Mark Alarie, 4493 Wyndcliff Circle, UPS employee, addressed the Board to state UPS had always been great at safety standards and made sure they followed them all.  In his opinion, there is no way a golf cart user could use all the safety methods they use.  He advised the five points of their space and visibility training and said there is no way in a golf cart they could ever follow this fifth method.  His main concern is the safety.  He stated this is one of the practices UPS uses to keep them out of work.

Christopher Wigley, 3154 Lynn Haven Street, UPS employee, addressed the Board to state he is speaking on behalf of the Safety Committee in favor of the residents to address the impacts of having these temporary operating businesses in residential neighborhoods.  He said having the PODS in residential neighborhoods will not decrease traffic or noise pollution but rather increase it.  Instead of having one UPS truck in and out of the neighborhood in no more than half the time of a temporary vehicle, the temporary vehicle has to make multiple trips to and from the shipping container POD to do the same amount of work that a driver and helper can easily do in one trip in at least one-half the time.  He said he guarantees that whatever limitations will be placed on this, UPS will violate them and drag about getting things fixed or removed.

Upon inquiry by Chairman Carey, Mr. Wigley said, typically, things like handguns and drug deliveries are supposed to be pulled out and delivered by the UPS drivers.  However, he said some things are inconsistent.

Stephen Merrill, 1360 North Street, UPS employee, addressed the Board to state he doesn’t think UPS should be allowed to deliver the Christmas packages out of PODS in neighborhoods with the golf carts because he feels it’s a dangerous situation and it doesn’t do any good for anybody.  It’s like running a business out of your front yard; and residents and other businesses aren’t allowed to do that, so why should UPS be allowed to do it.  He said it’s just a convenience for UPS.  He spoke about the safety aspects and said this seems like a major hazard.  He asked what will this lead to; what will UPS do next.

Sheila Scott, 813 Seminole Avenue, addressed the Board to state she agrees with the concerns she has heard so far about the golf carts.  She also has a concern with the PODS and where they are located, and about bringing theft into the neighborhood, because it doesn’t sound like they would be secured.  She stated as far as ordering packages for the holidays, she has valuables that she would want to know are in a secured location and not sitting somewhere in a POD that somebody could easily have access to.  She has children and is concerned with the golf carts going up and down and the packages falling off.  She is also concerned with what kind of safety the drivers would have for packages and themselves while having to drive through the weather.

Johannah Bleus, 833 Seminole Avenue, business owner, addressed the Board to state she can imagine her packages being in a POD, sitting in the middle of a residential area with somebody walking their dog and the dog cocking its leg on the POD or a cat spraying and her flowers would be smelling like cat urine.  She said that’s not good business practices.  UPS is not taking anybody’s feelings into consideration.  She asked why UPS can’t store the packages in a public storage facility.  She said she owns a truck for hauling flowers and if she hit a golf cart, she would never be able to forgive herself.  If the golf carts don’t have lights, when they put their brakes on, how will she be able to see the taillights or brake lights.  She is not going to wait for somebody to get hurt.  She doesn’t want the ordinance approved, and she asked the Board to not put people’s lives, kids and businesses at risk.

Phillip Bleus, 833 Seminole Avenue, addressed the Board to state all his concerns have been addressed.

Rudy Rowland, 1429 Lakeshore Drive, addressed the Board to state his main concern is that he gets medical supplies mailed to him every month from the V.A. and if someone steals his supplies, he’ll be up the creek.  He thinks it’s not a good idea to have the PODS.

Sean Mason, 1634 Lawndale Circle, former UPS driver, addressed the Board to state he was let go on June 28 for starting an investigation into several accidents that UPS had hidden.  He also started the investigation last year as a driver and Safety Committee member.  He said his son was run off the sidewalk on Howell Branch.  He stated he is okay with the golf carts, but step up to the plate and make UPS do the right thing.  Make the golf carts street legal with seat belts, horns, lights, and brake lights; make sure the trailers are locked and secured and have taillights and signals; make sure there are DOT cards on the drivers; make sure there is proof of insurance and everything they would make a UPS driver have to have.  He said he is not real big on having the PODS in residential neighborhoods.  There were theft issues last year in Jacksonville; and three years ago, there was one in Heathrow that made the news.  There are several injuries or accidents that happen with these golf carts that never get reported.  He said the golf carts were supposed to be environmentally friendly, but UPS did not follow through on their promise.  Also, DOT advised against it, but the State did not take staff’s advisement on that.  He also stated his issue about the fairness to other businesses; and he spoke about the traffic congestion and safety.  Mr. Mason submitted pictures (received and filed) of a golf cart, trailer and POD on site.

Patrick Johnson, 1409 Robin Court, UPS employee, addressed the Board to state he doesn’t want the PODS in his neighborhood and he doesn’t want the golf cart running around for the situations the Board has already heard.  He said the golf carts are the cheapest possible ones the company can purchase.  They have a five-mile-an-hour maximum speed rating and were meant to be pulled behind lawn mowers.  Many don’t have bearings, just bushings, and they burn up and destroy the wheels.  Those with bearings are never lubricated and are put on dry when brand new.  He said the tires come off all the time.  He discussed what happens if a driver’s lock fails and he cannot keep the door secured.  He said it’s all about security with UPS except for two months out of the year.

Chairman Carey recessed the meeting at 3:17 p.m. and reconvened it at 3:24 p.m.

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Chairman Carey announced to those in attendance for the Leisure Services (Parks and Recreation) Work Session that due to the length of time for this afternoon’s meeting, the work session will be postponed today and rescheduled at a later date.  She advised that Commissioner Henley is on the Canvassing Board for an ongoing election and he has to be in place for a time certain.  She and Commissioner Horan apologized for the inconvenience.

A Speaker Request Form and Written Request Form for Craig Gile were received and filed.

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Chairman Carey returned to the public hearing agenda with questions for Mr. Williams.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Commissioner Henley submitted several e-mails (received and filed) from Seminole County residents in opposition to the proposed ordinance.

Mr. Williams answered questions from the Board about using an enclosed trailer; the size of the PODS used; following TSA requirements; storage of fuel in the PODS; why the Board is only hearing now about the issues raised today; how many PODS, if any, are in unincorporated Seminole County and the city limits; pending arbitration for employees regarding working conditions; how many injuries there have been involving golf carts and trailers; how many thefts and robberies there have been; complaints about rain-soaked packages; what happens if a package is lost; employees delivering in the neighborhoods to have the same background checks as regular drivers; how UPS monitors the safety and driving habits of its employees; if there are any TSA regulations that force the drivers to keep the trucks locked or is that just a practice of UPS; and are there any rules regarding the number of PODS at a particular location.

Chairman Carey referred to page 5 of the proposed Ordinance and asked for clarification on Condition #9.

Ms. Guillet explained that the way the ordinance is written would permit multiple PODS in a homeowner’s association on separate parcels.  Whereupon, Commissioner Henley said that concerns him and he would like to see some limitations on the number of PODS that a homeowner’s association could have.  Commissioner Dallari stated he would like some additional limitations.  Discussion ensued among the Commissioners.

Commissioner Dallari asked staff if there is a minimum distance the PODS can be located near a home in a subdivision.  Ms. Guillet stated they would have to meet the required setbacks within the subdivision.  She advised Chairman Carey that UPS would have to bring in a site plan in order to obtain the permit.

Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt Ordinance #2011-32, as shown on page _______, amending Chapter 30 of the Land Development Code to establish Temporary Package Storage Permits to facilitate the seasonal delivery of packages with the following conditions and clarifications:  no fuel may be stored in or approximate to the POD; the POD will not exceed 20 feet in length; the hours of operation of the golf carts to be between 8:00 a.m. and 6:00 p.m.; the golf carts are not to be ridden on sidewalks or private property; the trailers and PODS are to be secured and enclosed; as a condition of the permit, the permittee will show reasonable proof that persons operating under the permit are trained; if hand carts are used for deliveries in conjunction with the golf carts, they shall be safely secured within the golf cart when not in use.

Under discussion, Commissioner Henley asked Commissioner Horan if he intended to include in the motion turn signals and brake lights.  Commissioner Horan said yes.

Upon inquiry by Chairman Carey, Commissioner Horan said he intended street legal golf carts with lights and horns.  He said he believes the ordinance incorporates by reference those particular traffic regulations that would be necessary for nighttime driving, and he thinks lights, turn signals, head lights and reflectors should be in the ordinance.

Commissioner Dallari clarified with Commissioner Horan that the trailer should be a lockable enclosure and also the POD.

Chairman Carey further clarified for UPS to submit evidence of properly trained drivers and that includes background checks of the employees.

Upon inquiry by Commissioner Henley, Mr. Williams discussed their background checks and who would be excluded from employment.

Chairman Carey stated she thinks it would be appropriate when UPS comes in for the permit that they sign an affidavit to the effect that the County is relying on UPS as a large, national company to be held accountable for the training and background checks.

Commissioner Henley stated for the audience and the people watching on television that they need to understand that this applies only to the unincorporated areas and does not control what happens within the seven municipalities.

Chairman Carey added that this permit only applies between November 30 and December 31.

Districts 1, 2, 4 and 5 voted AYE.

Carillon PUD Settlement Agreement

Proof of publication, as shown on page _______, calling for a public hearing to consider the Carillon Planned Unit Development (PUD) Settlement Agreement for approximately 25 acres located on the north side of the intersection of McCulloch Road and Lockwood Boulevard, received and filed.

Chairman Carey stated a request from the developer for a continuance was received.

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

Motion by Commissioner Dallari, seconded by Commissioner Henley, to continue to December 13, 2011, at 1:30 p.m., or as soon as possible thereafter, the request to consider the Carillon Planned Unit Development (PUD) Settlement Agreement for approximately 25 acres located on the north side of the intersection of McCulloch Road and Lockwood Boulevard; as described in the proof of publication.

     Districts 1, 2, 4 and 5 voted AYE.

 

 

Chairman’s Report

     Chairman Carey advised the Board has a request for a letter of support for the Central Florida Family Health Center.  The Center is applying for a Capital Development Building Capacity Grant from the U.S. Department of Health and Human Resources to renovate a section of their Sanford Health Care Center to include a new dental suite, an extra patient exam room and a patient health education and promotion meeting conference area.  She said a sample letter was distributed to the Commissioners’ offices and, if no one is opposed, she is going to execute the letter of support, as shown on page _______.

No one voiced any objections.

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Chairman Carey stated the city of Sanford CRA is requesting a letter of recommendation for an appointee from the Board.  She understands that Robert Hopkins, currently appointed, would like to be reappointed and he has been a faithful member.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to reappoint Robert Hopkins to the Sanford CRA.

Districts 1, 2, 4 and 5 voted AYE.

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Chairman Carey advised of a request from the city of Lake Mary for a letter of congratulations, to be signed by each Commissioner, for Mr. John Litton upon his retirement.  She asked the Commissioners to stop by her office this afternoon to sign the letter for forwarding to Mr. Litton.

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Chairman Carey announced that the Central Florida Zoo Soiree raised about $70,000 in gross revenues.  It was a great event and a lot of fun. 

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Chairman Carey also announced that the event at the Sanford Airport to benefit Kids House of Seminole raised about $27,000.  This was also a great event.

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Chairman Carey reminded everyone that Veterans Day is November 11 (Friday) and various events are being held throughout the County where the citizens can participate in honoring the veterans:  city of Sanford is hosting an event at Veterans Memorial Park; Seminole State College is having an event, “Honoring All Who Served” at 11:00 a.m. on Friday; and the city of Winter Springs will begin its activities at 5:00 p.m. at the Winter Springs Veterans Memorial on Blumberg Boulevard.

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     Chairman Carey wished everyone a safe and “Happy Thanksgiving” celebration with their families.

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     Chairman Carey gave an update on Sheriff Eslinger’s son, that he has been transferred to the Tampa VA Hospital and is continuing to have a miraculous recovery.  She asked all to continue to keep him in their prayers.

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed:

 1.  Letter dated October 12, 2011 to Chairman Brenda Carey from Gary Causey, Director, Community Planning and Development Division, U.S. Department of Housing and Urban Development, re:  Fiscal Year 2011 Action Plan and Grant Approvals.

 

 2.  Letter dated October 18, 2011 to Chairman Brenda Carey from Clayton Wilder, Administrator, Florida Department of Law Enforcement, re:  Contract No. 2011-JAGC-SEMI-2-B2-060.

 

 3.  Letter dated October 18, 2011 to Chairman Brenda Carey from Harold Barley, Executive Director, MetroPlan Orlando, re:  attendance of Citizen Advisory Committee member, Kendra Cassell.

 

 4.  Copy of letter dated October 21, 2011 to Mr. John Zielinski, FDOT District 5 SIS Coordinator/DIRC Chairman, from Chairman Brenda Carey re:  Seminole County’s support of the Wekiva Parkway, Segment 7B, TIGER III Grant.

 

 5.  Copy of letter dated October 21, 2011 to Ms. Yvonne Calder from Rex T. Newman, Office of Citizen Services, Office of the Governor, re:  local zoning issue.

 

 6.  Copy of letter dated October 25, 2011 to Attorney General Pam Bondi from Chairman Brenda Carey re:  Crime Stoppers Trust Fund.

 

 7.  Copy of letter dated October 25, 2011 to Secretary Hershel Vinyard, FL Dept. of Environmental Protection, from Chairman Brenda Carey re:  Support for FDEP’s Proposed Numeric Nutrient Criteria.

 

 8.  Copy of letter dated October 25, 2011 to The Honorable Ray LaHood, Secretary of Transportation, from Chairman Brenda Carey re:  TIGER III Discretionary Grant Application.

 

 9.  Notice dated October 26, 2011 to Abutting Property Owners from the city of Lake Mary re:  zoning approval for a home occupation.

 

10.  Letter dated October 27, 2011 to Chairman Brenda Carey from Diane Pickett Culpepper re:  programming changes at Bright House Networks.

 

11.  Letter dated October 27, 2011 to the Seminole County Board of County Commissioners from the city of Sanford re:  annexation request and notice of Ordinance 4256.

 

12.  Copy of letter dated October 27, 2011 to Mrs. Amy Mulford, Registered Agent for the Seminole County Industrial Development Authority, from Jack Gaskins, Florida Department of Economic Opportunity, re:  Fiscal Year 2009-10 Financial Report.

 

13.  Letter dated October 27, 2011 to Chairman Brenda Carey from The Honorable Ray Valdes, Tax Collector, re:  remittance of unused revenue.

 

14.  Letter dated October 31, 2011 to Chairman Brenda Carey from The Honorable David Mealor, Mayor of Lake Mary, re:  request for letter of congratulations on the retirement of Mr. John Litton.

 

 

 

 

District Commissioners’ Reports

     Commissioner Horan stated he was talking to a number of constituents at a public meeting in the eastern Seminole County, and it is apparent that a lot of them are very concerned at the present time about the potential of elementary and other schools closing.  He said of the 11 schools mentioned in the newspaper, four of them are in his district and several are in Commissioner Dallari’s district.  He asked if the BCC could have some kind of notice from the School Board about what their plans are, so they can assist the constituents in getting the information they need to be informed about the decisions being made and for the BCC to be informed.  Chairman Carey said she will be happy to formally make a request to the School Board; and maybe they might look again to having a BCC liaison to the School Board to know what’s being discussed at their meetings as they are not shown live.  She can meet with the County Manager on how to accommodate that.

Commissioner Henley said the School Board will probably not be making those decisions until after the first of the year when they begin looking at registration for the next year and new enrollments. 

County Manager’s Report

     Mr. Hartmann thanked Assistant County Attorney Arnold Schneider for his service over the last three months as Acting Community Services Director. 

     Assistant County Attorney Schneider addressed the Board to state it was a pleasure to be of service.  He said he has proposed a reorganization for the office and has rewritten all of their procedures, policies and methodologies for how they do things; and he thinks, going forward, those will serve them well.  He thanked the Board for their vote of confidence.

     Mr. Applegate expressed how appreciative he is of Mr. Schneider’s work and that he willingly accepted this assignment.  He said he works very hard, and it’s very rare for a County Attorney’s office to have someone of Mr. Schneider’s intellect when it comes to finance and numbers. 

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     Mr. Hartmann stated the Board approved earlier today Item #23, Request to schedule and advertise public hearings for Trademark Metals Recycling, and staff is required to announce those public hearing dates.  He advised the first public hearing will be held on Monday, November 21, 2011, 6:00 p.m. at Harvest Time International, 225 North Kennel Road, Sanford; and the second public hearing will be held on Tuesday, January 10, 2012, 1:30 p.m. at 1101 E. First Street, Sanford.

     Chairman Carey clarified with Ms. Guillet that the first public hearing can be a community meeting.  Staff will attend and there will be the opportunity for public comments; however, the Board is not required to attend.

Items for future Agenda – Citizens

     Commissioner Henley left the meeting at this time.

 

     John Casselberry addressed the Board to state when he reads the Board’s agendas, most of the time it’s about 70% unincorporated, regular planning-type development approvals.  It is the same thing any city does, but the County is doing it on twice the tax base per person because this County is half unincorporated by population; and half of the value of the tax base in the County is in the unincorporated areas.  He said the County should really be at two mills for unincorporated activity and one or two mills for unified County development.  He stated it seems like a lot of money is being spent in the County for things that are municipal.  From that point of view, he thinks the Board should ask the employees to track their hours and determine how much time they really spend before they get to the BCC meeting; so the Board will know the true numbers of how much of it is municipal activity and really not countywide business.

     Regarding education being guaranteed free in the Constitution, Mr. Casselberry said in the state of Florida, Article IX, Section 1A says the State guarantees everybody a free education, grades Kindergarten through 12.  Article IX, Section 4B talks about school district taxes, but it doesn’t actually speak to ad valorem taxes.  Article VII, Section 9 under Local Taxes, reads that the County’s cap is 10 mills and he said the School Board is very close to that.  He stated the BCC needs to start thinking about some alternative tax sources because the School Board is at 7.7 mills now and the cap is 10 mills.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:01 p.m., this same date.

 

ATTEST:_______________________Clerk_____________________Chairman

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