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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