BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
December 13, 2011
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 9:40 a.m., on Tuesday, December 13, 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)
Clerk
of Circuit Court Maryanne Morse
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Eva Roach
Absent:
Commissioner Dick Van Der
Weide (District 3)
Pastor Wendell Bishop, First Baptist Church of Sanford, gave the
Invocation.
Commissioner Dallari led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Henley,
seconded by Commissioner Dallari to adopt appropriate Resolution
#2011-R-215, as shown on page ________, recognizing Firefighter William
Rivera, Jr. for 31 years of service to Seminole County Government and its citizens,
upon his retirement from the Public Safety Department on November 30, 2011.
Districts 1, 2, 4 and
5 voted AYE.
The Board
presented the Resolution to Fire Chief Leanna Mims.
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Randy
Petitt, Human Resources Manager, addressed the Board to display a PowerPoint
Presentation (received and filed) with regard to the Employee Academy
Graduation. He stated this learning
activity was designed to help educate the employees to understand their contributions
to the successes of the County, to develop increased career goals and to
develop a sense of camaraderie and teamwork.
He reviewed the projects that the graduates have accomplished. He presented certificates to the following
that have completed the Employee Academy:
Robert Bradley; Ryan Calhoun; Sara Danaher; Kristine Dunmire; Diane Gagliano;
Mike Garcia; Rita Hendricks; Annie Hernandez; Thomas Kelley; Anthony Mozick; Selena
Peterson; Gayle Ricci; Rosangela Santiago; George Sykes; and Shannon Wetzel.
COUNTY
MANAGER’S CONSENT AGENDA
Jim
Hartmann, County Manager, addressed the Board to advise that Item #4, Approve
assignment of PS-1742-07, has been pulled
from the agenda and will be brought back at a later date. He informed the Board of a minor change to
Item #20, Black Bear Wilderness Area Grant, relative to changing the address to
the County Services Building; and an add-on, Item #34A, approval of the TRC
Fern Park, LLC plat. He added there has
been a request to move Item #48, Axium QTI Resolution, to the front of the
regular agenda.
Motion by Commissioner Dallari,
seconded by Commissioner Henley to authorize and approve the following:
Purchasing &
Contracts Division
3. Approve Change
Order #2, as shown on page ________, to CC-5627-10/VFT - Indian Hills Water
Treatment Plant Improvements with WPC Industrial Contractors, LLC of
Jacksonville, Florida, in the amount of $24,097.07; and authorize the Purchasing
& Contracts Division to execute the Change Order.
4. Approve the Assignment, as shown
on page ________, of PS-1742-07/BLH (Design Services for Subdivision
Rehabilitation Program) from Carter & Burgess, Inc. of Orlando, Florida to
Jacobs Engineering Group, Inc. of Orlando, Florida; and authorize the
Purchasing & Contracts Division to execute the Assignment.
5. Approve
Proprietary Source Procurement SS-601300-11/GGM and authorize issuance of
annual purchase orders to cover for the maintenance and support of the OnBase
software for the period that the County utilizes such software application to
Hyland Software, Inc., West Lake, Ohio.
6. 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 two (2) Master Services Agreements (MSAs) for a Primary and a
Secondary Consultant under PS-6865-11/DRR - Solid Waste Management Landfill
Engineering Services (Estimated Annual Usage of $150,000.00).
7. 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 a Master Services Agreement (MSA) for PS-6980-11/RTB -
Design Services for Natural Lands Enhancements (Estimated Annual Usage of $175,000.00).
8. Approve Work Order #19, as shown
on page ________, under PS-2249-07/BHJ (Construction Engineering and Inspection
Services for Construction Projects less than $1,000,000.00) in the amount of
$167,249.96 with Keith & Schnars, P.A. of Ft. Lauderdale, Florida; and
authorize the Purchasing & Contracts Division to execute the Work Order.
9. Award RFP-601246-11/BJC - Employee
Benefits: Pharmacy Benefit Management (PBM) RFP Consulting & Contracting and
Auditing Services, to PENSA Health Management, Ponte Vedra Beach, Florida.
Central Services
Fleet &
Facilities Management Division
10. Approve and authorize the Chairman
to execute the Renewal and Sixth Amendment, as shown on page ________, to the
25th Street (SR 46A) MVI Station Lease with Ahoy Marine, Inc. for an annual
revenue amount of $27,579.
Community
Services
Business Office
11. Approve and authorize the
Chairman to execute the Annual Choose Life Specialty License Plate Affidavit,
as shown on page ________, to the Florida Department of Highway Safety and
Motor Vehicles FY 2010-11. The remainder of 2011-12 unused funds ($846.06) will
be transferred to Choose Life Inc. per Florida Statute 320.08058 (29).
Community
Assistance Division
12. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-216, as shown on page
_________, amending Section 3.554 of the Seminole County Administrative Code to
grant approval and signature authority to the Community Services Director for
Training Provider Assistance Agreements; providing for an effective date.
13. Approve and authorize the
Chairman to execute the First Amendment, as shown on page _______, to Shelter
Plus Care Subrecipient Agreement between Seminole County and Homeless Services
Network of Central Florida, Inc. (HSN), incorporating two funding renewals in
the combined amount of $818,040 in the Agreement allowing continued and uninterrupted
rental assistance for 28 previously, chronically homeless and disabled
individuals, providing funding for an additional 17 chronically homeless and
disabled individuals and extending the Agreement's termination date to
12/31/2014.
14. Approve and authorize the
Chairman to execute the SHIP Program Subrecipient Agreement, as shown on page
________, for the Development of Very Low Income Rental Housing between
Seminole County and Howell Branch Cove, LTD. providing $150,000 of County funding,
and a Mortgage Subordination Agreement, as shown on page _________, in favor of
Florida Housing Finance Corporation in regards to the Howell Branch Cove tax
credit project.
15. Approve and authorize the
Chairman to execute the SHIP Rehabilitation Mortgage Modification Agreements,
as shown on page ________, between the following six Seminole County homeowners: Kenneth E. and Idella L. Campbell; Marcia
Drook; Geneva Duval; Sharon Lawrence; Inez Smiley and Dolly Ann Wynn a/k/a
Dolly Ann Cash and Seminole County to reflect the lesser amount of the
completed rehabilitation.
P.A.Y. Division
16. Approve and authorize the
Chairman to approve the Community Based Care of Central Florida (CBC) Agreement,
as shown on page _______, with Seminole County providing $1,500,000 for the
second year of planning and implementation providing comprehensive home and
community-based services for children and youth with serious emotional
disturbances and their families through the Children's Mental Health Initiative
Grant program awarded to the County in 2010.
Environmental
Services
Business Office
17. Authorize the Chairman to execute
the Assignment, as shown on page _________, of Seminole County and Heathrow Country
Club Purchase and Reclaimed Water Service Agreement to the Purchaser, Concert
Heathrow, LLC.
Solid Waste
Division
18. Renewal of Non-Exclusive
Franchise Agreement for Commercial Solid Waste Collection Service with Haul
Away Harry's LLC, from October 1, 2011 to September 30, 2012.
19. Approve and authorize the Chairman
to execute a Certificate of Public Convenience and Necessity, as shown on page
________, for Safety-Kleen Systems, Inc., effective from October 1, 2011
through September 30, 2012.
Fiscal Services
Business Office
20. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page ________, with the
Florida Department of Environmental Protection in acceptance of $200,000 in
funding through their FY 2011-12 Land and Water Conservation Fund Program.
21. Approve and authorize the
Chairman to execute the Award Letter, as shown on page ________, detailing the
special conditions required to receive the FY 2011 Homeland Security Grant
Program funding allocation of $29,000.00 from the Florida Division of Emergency
Management.
Budget Division
22. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-217, as shown on page
_______, implementing Budget Amendment Request (BAR) #12-011 through the
General Fund in the amount of $137,000 for reduction of transfer to the
Supervisor of Elections for bilingual election-related materials.
23. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-218, as shown on page
________, implementing Budget Amendment Request (BAR) #12-014 through the
Public Works Grants Fund and the 2001 Infrastructure Sales Tax Fund in the
amount of $90,000 to establish and fund the design portion of the Eastbrook Elementary
School Area Sidewalk project and to recognize offsetting grant revenue in the
amount of $75,000.
24. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-219, as shown on page
________, implementing Budget Amendment Request (BAR) #12-015 through the
Public Works Grants Fund and the 2001 Infrastructure Sales Tax Fund in the
amount of $65,000 to establish and fund the design portion of the Walker Elementary
School (Snow Hill Road) Sidewalk project and to recognize grant revenue in the
amount of $50,000.
25. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-220, as shown on page
________, implementing Budget Amendment Request (BAR) #12-018 through the
Boating Improvement Fund in the amount of $40,813 to allocate funds to the City
of Sanford to assist in design and permitting for the Sanford Marina
Improvements Project as approved by the Board on November 8, 2011.
26. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-221, as shown on page
________, implementing Budget Amendment Request (BAR) #12-019 in the amount of
$232,830,081 through various funds to carryforward unexpended project funding
of $225,919,626 from the FY 2010/11 Budget to the FY 2011/12 Budget; transferring
$6,910,455 in projects to different funds for tracking purposes.
27. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-222, as shown on page
________, implementing Budget Amendment Request (BAR) #12-020 in the amount of
$400,000, through the Leisure Services Grant Fund, to appropriate Florida
Department of Environmental Protection Land and Water Conservation Grant funding
of $200,000 for the Black Bear Wilderness Area Improvements Project and return
$200,000 to the Natural Lands/Trails Fund reserves.
28. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-223, as shown on page
________, implementing Budget Amendment Request (BAR) #12-021 through the
Public Works Grants Fund in the amount of $129,638 to establish budget and
recognize offsetting grant revenue for the Wilson Road Sidewalk project.
29. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-224, as shown on page
________, implementing Budget Amendment Request (BAR) #12-022 in the amount of
$10,375, through the General Fund, to appropriate Department of State/Division
of Elections grant funding for the VOTE Program. Funds are made available to satisfy
accessibility requirements at voting locations for individuals with
disabilities.
30. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-225, as shown on page
________, implementing Budget Amendment Request (BAR) #12-023 through the Fire
Protection Fund in the amount of $30,000 to appropriate additional funds for
the Public Safety Fire Division Records Management Software.
31. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-226, as shown on page
________, implementing Budget Amendment Request (BAR) #12-024 through the 2001
Infrastructure Sales Tax Fund in the amount of $300,000 to provide funding for
Public Works Minor Projects.
Growth
Management
Planning &
Development Division
32. Approve and authorize the
Chairman to execute the minor plat for East Lake Ranch Subdivision; located on
the north side of East Lake Drive, south of Center Drive (Alex Suero).
33. Authorize the Chairman to execute
a Satisfaction of Lien, as shown on page _______, in the amount of $471.21 on
1378 Marcy Drive, Longwood; Tax Parcel #25-20-29-508-0000-0250; previously
owned by Manuel J. Sarnes, and currently owned by Suntrust Mortgage Inc;
(Thomas Dulmot, Real Estate Options, LLC).
34. Adopt appropriate Resolution #2011-R-227,
as shown on page ________, accepting a Quit Claim Deed, as shown on page
________, from Lee Ranch, Inc. for property necessary for the construction of a
cul-de-sac on Curryville Road.
34A. Approve and authorize the
Chairman to execute the TRC Fern Park, LLC plat; located on the east side of U.S.
Highway 17-92, approximately 400 feet north of Lake of the Woods Boulevard.
Leisure Services
Library Services
Division
35. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-228, as shown on page
________, establishing revisions to Section 20.30 of the Seminole County
Administrative Code for certain rates, fees and charges for services offered by
the Seminole County Libraries.
Tourism-CVB
Division
36. Approve and authorize the
Chairman to execute an Agreement, as shown on page ________, with Florida Half
Century Amateur Softball Association, Inc. in the amount of $10,077.60 for the
2012 Florida Half Century Senior State Softball Tournaments on January 7-8,
July 21-22 and August 4-5, 2012.
Public Works
Engineering
Division
37. Adopt and authorize the Chairman
to execute appropriate Resolution #2011-R-229, as shown on page ________, amending
the Seminole County Administrative Code, Section 34.10 - Public Works Road
Maintenance and Construction to update and clarify road maintenance and
construction policies and eliminate conflicts with the Seminole County Land
Development Code by repealing the provision to exempt residential subdivisions
having streets with miami curb and gutter from the requirement for a
right-of-way permit for a residential driveway.
38. Adopt appropriate Resolution #2011-R-230,
as shown on page _______, and authorize the Chairman to execute Supplemental
Agreement Number 3, as shown on page ________, with the State of Florida Department of
Transportation in conjunction with a Local Agency Program Agreement adding
milling and resurfacing (Red Bug Lake Road from east of Oviedo Market Place Boulevard
to east of the new pedestrian overpass) to the design and construction of the
Cross Seminole Trail Red Bug Lake Road Pedestrian Overpass Project. (FDOT FPN: 428527-1-58-01)
39. Adopt appropriate Resolution #2011-R-231,
as shown on page ________, and authorize the Chairman to execute Supplemental
Agreement Number 1, as shown on page ________, in conjunction with a Local
Agency Program Agreement with the Florida Department of Transportation for the
construction of sidewalks along streets surrounding Altamonte Elementary School.
(FDOT - FPN: 422572-2-58-01)
Roads –
Stormwater Division
40. Approve and authorize the
Chairman to execute Revenue Agreement, as shown on page ________, between
Seminole County and the University of Florida Board of Trustees for the Florida
Yards and Neighborhood (FYN) Program. This program provides special educational
and outreach activities directed at the community to help residents reduce
pollution and enhance their environment by improving home and landscape management.
Districts 1, 2, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Horan to approve release of
Seminole County's Sidewalk Easement and Subordination of Sanford Airport
Authority's Property to Seminole County's Drainage Easement (Parcel Number
P-80) to settle eminent domain case filed by Sanford Airport Authority against
Seminole County and others in conjunction with the Sanford Airport Authority's
runway extension project.
Districts 1, 2, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT
AGENDA
Motion by
Commissioner Henley, seconded by Commissioner Dallari to authorize and approve
the following:
CLERK’S OFFICE
42. Approval of Expenditure Approval Lists, as shown on page ________,
dated October 24 & 31 and November 7 & 14, 2011 & Payroll Approval
Lists, as shown on page ________, dated October 27 and November 10, 2011; BCC Official
Minutes dated October 25 and November 8, 2011; and, noting, for information
only, the following Clerk's received and filed:
1.
Proof of publication, as shown on page
________, for the Seminole County Charter Review Commission Public Meeting for
November 10, 2011.
2.
Change Order #1, as shown on page
_________, to CC-5094-09.
3.
Change Order #1, as shown on page
_________, to CC-6460-11.
4.
Order Making Premier Power Service
Rider, Rate Schedule PPS-1 Permanent from the Florida Public Service Commission
regarding Petition by Progress Energy Florida, Inc.
5.
Amendment #1, as shown on page
_________, to Work Order #25 to PS-4388-09.
6.
First Amendment, as shown on page
__________, to IFB-601114-11.
7.
Amendment #1, as shown on page
_________, to Work Order #25 to PS-3914-08.
8.
Change Order #7, as shown on page
________, to Work Order #22 to CC-2184-07.
9.
Change Order #1, as shown on page
________, to Work Order #6 to CC-5075-10.
10.
Change Order #1, as shown on page
________, to Work Order #3 to CC-5075-10.
11.
Closeout, as shown on page ________,
for Work Order #64 to CC-1284-06.
12.
Memorandum to Ann Colby, Assistant
County Attorney, from David Shields, Assistant County Attorney, relating to Allied
Veterans of the World, Inc.: Affiliate 67, et al v. Seminole County.
13.
Memorandum, as shown on page ________,
to Jim Hartmann, County Manager, from Joseph Abel, Leisure Services Director,
relating to Unauthorized Purchase – Violation of Purchasing Code Section
220.16. for sorting and mailing of Official Visitor Guides with vendor, SWOP.
14.
Memorandum, as shown on page ________,
to Jim Hartmann, County Manager, from David Stough, Warehouse Supervisor,
relating to unauthorized commitment to pay Invoice for Purchase Order #10665774
(Contract #IFB-600045-06, PO #27947).
15.
Development Orders, as shown on page
________, as follows: #11-32000009,
Luthern Haven Nursing Home & Assisted Living Facility, LLC; #11-30000065,
Grant Campbell & Crystal Stacks; #11-30000071, Clifford Philpot;
#11-30000066, Ezelle Smith; #11-30000070, Scott Brown; #11-30000072, Kiran
& Chhaya Nathoo; #11-30000063, Janice Varela; #11-30000069, Ferina Edwards;
#11-30000068, Lynn Hague; and #11-30000061, Christopher Oddo & Krystle
Kulpack.
16.
Work Order #5, as shown on page
________, to RFP-5465-10.
17.
Seventh Amendment, as shown on page
_______, to IFB-600250-07.
18.
Amendment #3, as shown on page
_________, to Work Order #1 to PS-4053-08.
19.
Amendment #3, as shown on page
________, to IFB-3101-05.
20.
Change Order #5, as shown on page
________, to Work Order #32 to CC-2184-07.
21.
Change Order #4, as shown on page
________, to Work Order #36 to CC-2184-07.
22.
Change Order #1, as shown on page
________, to Work Order #21 to CC-2183-07.
23.
Change Order #1, as shown on page
________, to Work Order #17 to CC-2183-07.
24.
Work Order #27, as shown on page
________, to CC-2190-07.
25.
Subordination, as shown on page
________, of County Utility Interests with the Florida Department of
Transportation relating to Parcels Numbers 116, 117, 123, and 162, as approved
by the BCC on July 26, 2011.
26.
Work Order #27, as shown on page
________, to PS-4388-09.
27.
Amendments #1, as shown on page
________, to PS-1501-06, Bowyer Singleton & Associates and Southeastern
Survey and Mapping Corp.
28.
Amendments #2, as shown on page
________, to CC-5544-10, The Briar Team and JCB Construction, Inc.
29.
Parks Contracts, as shown on page
________, for Marie Luise Tims; Maria Hurt; Jennifer Pratt; Thomas Jones, III;
Timothy Dahla, Sr.; Kelly Harle; Cathleen Daus; Norene Koester; Natalie Krops;
Annalisa Marie Lazarz; Sheryl Rivas; Debra McMillan; John Sanders; Matt
Waterhouse; Jody Mask; Brian Godwin; Maria Hurt; Tracy Morgan; Margaret
Schavemaker; Rolland Shea; Sarah Harkins; Robin Suto; Marco Sergent; John
Sanders; Donald Childs; and Thomas Flaherty.
30.
Work Order #43, as shown on page
________, to CC-2184-07.
31.
Work Order #6, as shown on page
________, to RFP-5465-10.
32.
Work Order #9, as shown on page
________, to RFP-5465-10.
33.
Work Order #4, as shown on page
________, to PS-4736-09.
34.
Sixth Amendment, as shown on page
________, to RFP-600006-06.
35.
Amendment #3, as shown on page ________,
to Work Order #1 to PS-1905-07.
36.
Copies of Letter of Credit #3170, as
shown on page ________, in the amount of $8,805 for the project known as
Ligonier Academy of Theology; and Letter of Credit #37 and Maintenance
Agreement, as shown on page ________, in the amount of $33,941.50 for the
project known as Chateaux of Markham.
37.
Parks Contracts, as shown on page
________, for Peter Theoret, Inc., Frank Rogers, and Diane White.
38.
Consummating Order from the Florida
Public Service Commission relating to Petition for approval of negotiated power
purchase agreement with U.S. EcoGen Polk, LLC, by Progress Energy Florida, LLC.
39.
Seminole County Home Ownership
Assistance Program Mortgage Deed, as shown on page ________, for Bessie
Jackson.
40.
Work Order #30, as shown on page
________, to PS-5190-05.
41.
University of Central Florida Amended
Agreement, as shown on page ________, for Shared Emergency Management
Information Broadcast Services.
42.
Closeout, as shown on page ________,
for Work Order #6 to CC-5075-10.
43.
Work Orders #7, #8 and #10, as shown on
page ________, to RFP-5465-10.
44.
Amendment #5, as shown on page
________, to Work Order #41 to PS-5120-02.
45.
Work Order #10, as shown on page
________, to CC-5075-10.
46.
Change Order #3, as shown on page
________, to Work Order #15 to CC-3321-08.
47.
Work Order #28, as shown on page
________, to PS-4388-09.
48.
Closeout, as shown on page ________,
for Work Order #22 to CC-2184-07.
49.
Closeout, as shown on page ________,
for Work Order #39 to CC-2184-07.
50.
Closeout, as shown on page ________,
for CC-5365-10.
51.
Work Orders #17 & #18, as shown on
page ________, to PS-2249-07.
52.
Work Order #22, as shown on page
________, to CC-2183-07.
53.
Final Order from the Florida Public
Service Commission granting Florida Power & Light Company approval for
authority to issue and sell securities during calendar year 2012.
54.
Litigation Consultant Services
Agreement, as shown on page ________, with Gerson, Preston, Robinson &
Company, regarding Allied Vets of the World, Inc.: Affiliate 67, et al v.
Seminole County
55.
Amendment #1, as shown on page
________, to RFP-601176-11.
56.
Amendment #1, as shown on page
________, to PS-1501-06.
57.
Work Order #100, as shown on page
________, to PS-1074-06.
58.
Work Orders #85 & #86, as shown on
page ________, to PS-1529-06.
59.
First Amendment, as shown on page
________, to RFQ-600961-10.
60.
Change Order #1, as shown on page
________, to CC-6548-11.
61.
Change Order #6, as shown on page
________, to RFP-5751-10.
62.
Amendment #1, as shown on page
________, to Work Order #87 to PS-1074-06.
63.
Consummating Order from the Florida
Public Service Commission relating to Petition for approval of renewable energy
tariff and standard offer contract by Florida Power & Light Company.
64.
Amendment #2, as shown on page
________, to Work Order #25 to PS-3914-08.
65.
Change Order #2, as shown on page
________, to Work Order #5 to CC-5075-10.
66.
Tennis Developmental Instructor
Contracts, as shown on page ________, for Jason Louwsma and Hien Nguyen.
67.
Amendment #2, as shown on page
________, to IFB-600464-08.
68.
Change Order #1, as shown on page
_________, to Work Order #17 to CC-3321-08.
69.
Notice of Hearing to Aqua Utilities
Florida, Inc., Office of Attorney General, Office of Public Counsel and All
Interested Persons from the Florida Public Service Commission regarding Docket
#100330-WS.
70.
Closeout, as shown on page ________,
for Work Order #32 to CC-2184-07.
71.
Amendment #3, as shown on page
________, to Work Order #6 to M-5004-09.
72.
Amendment #1, as shown on page
________, to Work Order #1 to M-5004-09.
73.
Change Order #6, as shown on page
________, to Work Order #9 to CC-2183-07.
74.
Work Order #30, as shown on page
________, to PS-5182-05.
75.
Amendment #1, as shown on page
________, to RFP-0780-06.
76.
Closeout, as shown on page ________,
for CC-6677-11.
77.
Notice to Proceed, as shown on page
________, for CC-6863-11.
78.
Conditional Utility Agreements, as
shown on page ________, for water and sewer service for BW 17-92 Ronald Reagan,
LLC, for the project known as WaWa Gas Station.
79.
BOA Development Order #11-31000001, as
shown on page ________, David Williams variance.
80.
IFB-601207-11 Term Contract, as shown
on page ________, Wesco Distribution, Inc.
81.
P.A.Y. Counseling Agreement
RFP-600254-07, as shown on page ________, Jenica, Inc.
82.
Work Order #99, as shown on page ________,
to PS-1074-06.
83.
Amendment #1, as shown on page
________, to Work Order #84 to PS-5120-02.
84.
Work Order #14, as shown on page
________, to M-5004-09.
85.
Amendment #1, as shown on page
________, to IFB-600324-08.
86.
Distribution of Equipment Agreement, as
shown on page _________, with Orange County EMS Office of the Medical Director
and Seminole County as approved by the BCC on June 28, 2011.
87.
Work Order #91, as shown on page
________, to PS-5120-02.
88.
Bids as follows: RFP-601224-11; IFB-601252-11; RFP-601249-11;
IFB-601251-11; IFB-601255-11; and PS-7105-11.
Districts 1, 2, 4 and 5 voted AYE.
REGULAR AGENDA
Bill McDermott, Economic Development,
addressed the Board to request approval of the Resolution recommending that
Axium Healthcare Pharmacy, Inc. be approved as a Qualified Target Industry
Business (QTI); to consider approval of an appropriation of $54,000 as local
participation in the QTI tax refund program; and to consider approval of the
Interlocal Agreement with the city of Lake Mary. He introduced members of Axium Pharmacy that were
in attendance. He reviewed the company’s
plans and their capital investment. He
stated the total QTI award is $270,000 and the total match is $54,000 and it is
being split 50/50 with the city of Lake Mary.
The City is considering the total match request on Thursday, December
15, 2011. He added the Board’s approval
is contingent upon the city of Lake Mary’s approval.
Motion by
Commissioner Henley, seconded by Commissioner Dallari to adopt appropriate
Resolution #2011-R-233, as shown on page _________, approving Axium Healthcare
Pharmacy, Inc. as a Qualified Target Industry business; authorization to
appropriate $54,000 as local participation in the QTI tax refund program; and
approval of the Interlocal Agreement, as shown on page ________, with the city
of Lake Mary.
Districts 1, 2, 4 and 5 voted AYE.
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Fred Coulter, Fiscal Services, addressed
the Board to request approval of the proposed Five-Year Capital Improvement
Project Budget Proposal Resolution for FY 2011/12 to 2015/16. He displayed a PowerPoint Presentation
(received and filed) and began by reviewing the following: The Enactment of the Five-Year Program; Five-Year
CIP by Year; Total CIP by Element; Graphic Representation of the Different
Elements; Five Year CIP Carryforward Update by Department; Additional Reports; and
CIP Changes made to the Program. He
advised that the Five-Year CIP document is available online.
Commissioner Horan and Mr. Coulter
discussed how much of the Sales Tax fund was spent, the bond debt issue and spending
money on capital improvements.
Commissioner Horan and Brett Blackadar,
Assistant County Engineer, discussed if the trail bridge going over Red Bug
Lake Road is part of the Capital Improvement Program and if it is being funded through
the Federal grant money. Commissioner
Horan pointed out that was a very judicious, quick and nimble move by the
County to use Federal stimulus money to put in the trail bridge and
improvements as that saved the taxpayers some money.
Commissioner Henley stated there a lot of
people that doesn’t understand that the budgeting and use of the grant money are
governed by law and those revenues cannot be used to help the homeless.
Motion by
Commissioner Dallari, seconded by Commissioner Henley to adopt appropriate
Five-Year Capital Improvement Project Budget Proposal Resolution #2011-R-232,
as shown on page ________, for Fiscal Years 2011/12 to 2015/16.
Districts 1, 2, 4 and 5 voted AYE.
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Meloney Lung, Central Services Director,
addressed the Board to request direction with regard to Seminole County’s
Employee Wellness Program. She reviewed
the background of this project as well as the experience of Mandy Nice, Nice
Life LLC, and her certifications. She stated
the Risk Management Committee directed staff to contract with Nice Life for a
six-month pilot program, focusing on three departments for $9,995, and they
engaged the consultant (Nice Life, LLC) for that amount. The consultant conducted a presentation to
the Leadership Team and designed a wellness readiness survey. The survey was released in early November and
over 50% of the employees participated in same.
The consultant is recommending changing the pilot program to include
three locations and expanding it countywide so it will potentially be more
effective. The consultant has submitted
a proposal of $37,299 to the Risk Management Committee and of that, $10,000
would be incentives that the County would pay.
The consultant amount would be $27,299.
Staff has received direction from Risk Management to obtain some
clarification and to bring the proposal to the BCC. Staff has met with the consultant twice and she
felt that it wouldn’t be successful unless it is administered at the expanded
level. Ms. Lung reviewed the options as
outlined in the agenda memorandum.
Upon inquiry by Chairman Carey, Ms. Lung
advised if they go with Option 1, they could go back to doing three departments.
Chairman Carey stated she was very
impressed that 50% of the employees responded to the survey. She stated she thinks there has been a lot of
research done by Ms. Nice to see what other companies have done nationally to
what works and what doesn’t. She said
she doesn’t have a problem expanding this to all the employees.
Upon inquiry by Commissioner Horan,
Chairman Carey advised she would go with Option #2, as Option #1 is limited to only
three departments.
Commissioner Henley stated he can see
having some problems because a lot of the activities are scheduled for lunch or
breakfast, and he would like to know if the lunch hour will be expanded or will
the activities be done within the regular lunch hour.
Ms. Lung stated staff’s intention in the
pilot program was that participation would be done during the lunch time.
Commissioner Henley stated when you have
people coming from different areas, he would question how much will be
accomplished within that time when they have to have time to travel to the area
and then get settled down. He said he also
has some reservations about expanding the program without going out with an RFP
and specifying a lot of things that they normally want to do. He added it doesn’t indicate how many times
the sessions will be held and will everyone attend. He stated $5,000 of that money is allocated
for food and that may open it up for criticism even though it is not coming
from the tax dollars.
Ms. Lung stated staff will come back to the
Board with regard to the food portion and incentives.
Chairman Carey stated she understands that
multiple locations will be done to make it convenient for the employees. There are 60 different sessions for people to
attend and take advantage of over the course of time.
Upon inquiry by Commissioner Dallari,
Andrea Herr, AGIS, addressed the Board to state regardless of how the County
moves forward, they need to move forward.
She stated one of the biggest challenges in the wellness programs are they
get stuck in the planning stage. She
added the groups that they manage have moved forward relatively quickly and
they started to change their culture and have seen results. There are others that are looking for
perfection. The reality of the wellness
programs today is there is no such thing as perfection. They are trying to change human habits and,
to some degree, human nature. She stated
it is a stunning revelation, but the County needs to move forward. The program that Nice Life has put forward is
worth the value of that dollar.
Upon further inquiry by Commissioner
Dallari, Ms. Herr advised BCBS has given a $100,000 program spread over three
years. She stated there has to be top-down
engagement within this organization and she is seeing that by having this
discussion.
Ms. Herr informed Commissioner Dallari that
there have been a series of meetings, which she did not participate in, that
indicated that other departments would be left out and they would not be happy
about that. She stated she feels the
County should move forward with the whole thing since there is a price
difference of roughly $17,000, the possibility of positively influencing the
County’s claims basis, and not causing an issue of haves and have not’s within
the organization.
Commissioner Dallari stated they will keep
trying to tweak it in the future.
Ms. Herr stated regardless of what program is
put in with wellness, they get stale, and the needs changes. She added she feels it needs to be looked at,
not in a vacuum of wellness and benefits, but as a combined effort.
Ms. Herr informed Commissioner Dallari that
there are checks and measures built into the program and those need to change
over time.
Commissioner Henley stated he knows that it
is a six-month program, but he would like to know how many sessions are planned
for nutrition, exercise and stress management.
Ms. Lung stated sessions would be spread
out evenly. For instance, if there are
60 sessions, 20 would be for stress management, 20 for nutrition and 20 for
exercise.
Commissioner Henley stated he is not opposed to a wellness
program, but he would like to find out how this is going to work.
Ms. Lung advised that meetings will be
scheduled at the County Services Building on Mondays at 5:30 p.m. as well as
12:00 noon. The 5-Points meetings are
scheduled weekly for noon on Wednesdays.
Chairman Carey stated she believes that the
consultant can work with SGTV as well as use the County Manager’s newsletter to
get the word out.
Ms. Herr informed Commissioner Dallari that
the wellness proposal is not comparable with other clients. She stated this proposal is very tailored to
the County. There are several ways to go
about building a wellness program. If
the County would go to an RFP, they would be buying something that is very
canned and is typically done on a cost per employee. The most successful programs that AIGS has in
place are those that were built from the ground up with employee input, and with
someone that understands wellness that have put together a program that is
tailored to the County’s operation. She
stated she wouldn’t look for a specific blend of types of meetings, but she
would look for the consultant to be able to be fluid with that so she is
meeting the need of the employees that are attending. The entire deal with wellness is about
engagement, activity and changing behavior.
She stated she believes this is a step in the right direction.
Upon inquiry by Commissioner Dallari, Ray
Hooper, Purchasing Manager, addressed the Board to advise he does not see any
issues with expanding this to the entire County. He stated the current purchase order was very
restricted with a defined scope as a pilot program and that was approved as is. He stated the new program of $27,000 would be
a significant change in the scope and that would require a new
procurement. If the Board approves
Option #2, staff would come back to the Board in January with a new single
source for that new scope.
Motion by
Commissioner Dallari, seconded by Commissioner Horan to approve Option #2 to expand
the scope beyond the initial pilot program to include a more comprehensive
expanded six-month program, not using the competitive procurement process but
supporting a single source procurement justification, at a consultant cost of
$27,299 to be approved by the Board at the next meeting and a program kick-off
in late January 2012.
Under discussion and upon inquiry by
Commissioner Horan, Ms. Lung explained what happens after the six-month process.
Ms. Herr explained for Commissioner Horan
where she sees organizations of their size usually go.
Upon inquiry by Chairman Carey, Ms. Herr advised
the participation rate for volunteers for the Wellness Committee was less than
20%. She stated she feels it would not
be appropriate to make that comparison to this because that was not at a time
when the County was talking about it from the top down.
Commissioner Dallari stated the whole key
to this is to get wellness in the work place and reduce the health care
costs.
Chairman Carey stated the program has been
very tailored to this organization and they are expanding that pilot program,
and it is based on the employee surveys, consultant statements and Ms. Nice’s
experience of how to move this forward.
Commissioner Horan stated he feels that
they are not just expanding this because they think they didn’t do enough at
the beginning. The County is taking a
portion of the money that they were able to negotiate with BCBS and no
taxpayers’ monies are being used to do this.
He stated the Board wants this to expand in such a way that it will pay
for itself.
Upon inquiry by Commissioner Horan, Mr.
Applegate advised he does not a problem with a single source, based on the
reasons set forth.
Commissioner Dallari stated when this comes
back in six months, he would like Ms. Herr involved in this as her experience
in healthcare and wellness adds a lot of value to the program.
Ms. Lung stated the contract for AGIS is
out to bid and she is not sure if her firm will be the County’s consultant.
Commissioner Dallari stated he feels that
whoever is the consultant needs to be included in the process.
Commissioner Henley stated he is not
opposed to wellness programs, but he cannot support expanding this without
going out with an RFP. He stated he
feels there are other programs available as well as other elements that can
enter into this.
Districts 1, 2 and 5 voted AYE.
Commissioner Henley voted NAY.
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Denny Gibbs, Growth Management, addressed
the Board to present request to remove the conditions associated with SR 434
Plat Waiver 84-55, Primrose School.
Primrose School is under site plan review to develop the three-acre site. The site plan proposes a new driveway
connection to SR 434 for Primrose School on Parcel 8J. The plat waiver was for two parcels and the
other parcel that was subject to the plat waiver is now Bank of America which
is on Parcel 8H. She stated the waiver
was approved in 1984 subject to four conditions regarding access on SR
434. The Florida Department of
Transportation has determined that a separate driveway for the school would be
safer and would create less congestion.
Staff recommends approval to remove the conditions associated with Plat
Waiver 84-55. Staff is requesting that
the staff report be made part of the record.
Motion by
Commissioner Henley, seconded by Commissioner Horan to authorize removal of the
conditions associated with Plat Waiver 84-55, Primrose School.
Districts 1, 2, 4 and 5 voted AYE.
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Brian Walker, Growth Management, addressed
the Board to present request to approve the Final Master Plan and Developer’s
Commitment Agreement for the Reserve at Alaqua PUD, consisting of 50.01 acres,
located on the south side of Alaqua Drive, approximately 1.5 miles west of
Markham Woods Road, Richard Shassian. He
stated the proposed Final Master Plan consists of a single family residential
subdivision with a maximum density of one dwelling unit per net buildable
acre. Staff recommends approval of the
request.
District Commissioner Carey stated she
supports this item.
Motion by
Commissioner Horan, seconded by Commissioner Dallari to approve the Final
Master Plan and Developer’s Commitment Agreement, as shown on page _________,
for the Reserve at Alaqua PUD, consisting of 50.01 acres, located on the south
side of Alaqua Drive, approximately 1.5 miles west of Markham Woods Road,
Richard Shassian.
Districts 1, 2, 4 and 5 voted AYE.
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Meloney Lung, Central Services Director, presented request to approve
the County's Workers' Compensation, Property and Liability Insurance Programs
for calendar year 2012 (January 1 through December 31, 2012). She stated Mr. Greg Butterfield, Arthur Gallagher
Risk Management Services, is in attendance if the Board wishes for an update.
Motion by
Commissioner Dallari, seconded by Commissioner Henley to approve the County's
Workers' Compensation, Property and Liability Insurance Programs for calendar year
2012 (January 1 through December 31, 2012).
Districts 1, 2, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Mr. Hartmann requested confirmation for the appointment of Alan
T. Wheeler as the Public Works Director effective January 3, 2012. He stated Mr. Antoine Khoury, Acting Public
Works Director, has done a great job of taking good care of the department over
the year and he personally thanked him.
He gave a brief history of Mr. Wheeler’s employment background.
Alan Wheeler addressed the Board to state
he is looking forward to serving Seminole County and the community.
Motion by
Commissioner Henley, seconded by Commissioner Horan to confirm the appointment
of Alan T. Wheeler as the Public Works Director effective January 3, 2012.
Districts 1, 2, 4 and 5 voted AYE.
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Sabrina O’Bryan, Fiscal Services, addressed
the Board to advise that the Legislative items have been moved to the morning
session in case the Board have follow-up items and staff could report back to
them during the afternoon session. She
stated the first issue is the budget and staff submitted the Governor’s
proposed budget. The Governor’s budget came
in at $66.4 billion and that represents a $4.6 billion decrease over the
current fiscal year. She reviewed the
intent of HB 421 and SB 604, Commercial Fertilizer. She stated staff engaged the County’s
lobbyist as well as the Florida Association of Counties to attend the committee
meetings to make sure that the County’s interests were represented. A committee substitute has been filed and that
has been reviewed by Public Works and Leisure Services (Cooperative Extension)
and the concerns were less than what they were originally. The preemption isn’t as strict as it was and
the unfunded mandate for training has been reduced. However, there is still a concern that
remains regarding the enforceability.
The County would be required to report to the Dept. of Agriculture and
Community Affairs if someone is violating some of the regulations for
commercial fertilizing. If Seminole
County adopts an ordinance, they wouldn’t have the ability to enforce it locally,
but they get in the queue and have that enforced at the State level. She said she is not sure if that is a major
concern with the Board. That is still being
reviewed on both sides of the House and Senate committees.
Chairman Carey stated the Wekiva Basin
Commission has been discussing this for about five years and she knows the
issues that have been raised are the preemption and the unfunded mandates. She said she doesn’t have a problem with the
State being the one to regulate the fertilizers and that means the County
doesn’t have the expense of doing it and that helps with the unfunded mandate
portion of that.
Commissioner Dallari stated he agrees that if
the State is going to regulate it they should be responsible for enforcement,
but if the queue line gets so long for enforcement he would like to know what
happens with the nitrogen levels increasing in the waterways and who is then responsible.
Chairman Carey stated the TMDL issues are something
the County has to deal with locally, but anything they do to help improve it is
a benefit. She stated most commercial
properties are not sitting on the waterfront, it is the people in
residences. The Board has discussed
changing the landscape requirements in the Land Development Code to prohibit
people from placing grass along the waterways.
Commissioner Dallari stated he feels that
if the State is going to be enforcing it, then the County shouldn’t be held responsible
for the TMDL’s or bit map requirements.
Kim Ornberg, Public Works/Stormwater,
addressed the Board to state if the County adopts something more stringent,
they would not be able to enforce it on commercial applicators.
Commissioner Dallari stated he has no
problem with the State doing it, but they are holding the County responsible
for the TMDL factor.
Ms. Ornberg stated the County would still
be held responsible for TMDL’s as now; but if they see a certified applicator
spraying in a lake in the rain, they couldn’t do anything but call DAX and hope
they would respond.
Commissioner Dallari stated he wants to
make sure that the State is aware of this dilemma and if there is a violation,
the County wouldn’t be held accountable to the TMDL issue.
Chairman Carey stated if they see someone
doing a blatant violation, then she hopes they can go to the Sheriff’s office
to ask them to address the issue. She
stated she feels if something like that is going on, then, maybe the County can
come up with something that they can do to deal with the situation at
hand.
Ms. O’Bryan stated she can work with the
Public Works Department in conjunction with the County Attorney’s office to
come with some language that could be added to the bill to make it more
palatable for Seminole County.
Commissioner Horan stated this bill
obviously is being pushed by the commercial fertilizer industries because they
don’t want to have 67 sets of regulations to comply with.
Chairman Carey stated the fertilizer
industry has been fighting this for quite a few years.
Commissioner Horan stated the problem is
there are multiple regulations, and he doesn’t see why they can’t propose
certain uniform regulations and do it on a regional or statewide basis and eliminate
the problem rather than having the State take it over. Discussion ensued.
Chairman Carey recommended staff talking to
the lobbyist to see where this is going and to keep the Board in the loop on
that.
Susan Dietrich, Assistant County Attorney, discussed
the Workforce Board bill.
Chairman Carey stated she feels that the
local jurisdictions should have final say over the approvals since they are the
ones that are obligated on the financial side.
She stated the Consortium Board is made up of the Chairman of each of
the five counties involved and all of the executives have resigned. She stated there is an interim director from
the State agency trying to help them to get squared away. She added if the five counties are going to
be responsible for the financial aspect of it, then they want to be able to
have the local control to determine the budget approval process. Staff is monitoring this very closely.
Ms. O’Bryan stated the Florida Association
of Counties Legislative Day is scheduled for February 1, 2012, but she has not had
an opportunity to discuss that with the County Manager to determine whether or
not staff will be attending.
Chairman Carey stated her experience is that
the County is much better served doing it on a day when all the State representatives
are not in attendance.
COUNTY ATTORNEY’S BRIEFING
Bryant Applegate, County Attorney, advised
that Assistant County Attorney David Shields is doing a summary on the bills
that are pending relating to gaming and he will provide one-on-one briefings to
the Board.
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Mr. Applegate stated Palm Beach County has
filed a lawsuit challenging the constitutionality of the firearms preemption
statute. He stated the County’s argument
has been granted by the 11th Circuit Court on the Internet Café case
and that will be scheduled in early March.
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Chairman Carey recessed the meeting at 11:01 a.m., reconvening
at 1:30 p.m., with all Commissioners and all other Officials with the exception
of Clerk of Court Maryanne Morse and Commissioner Van Der Weide, who were absent,
and Deputy Clerk Eva Roach who was replaced by Deputy Clerk Jane Spencer, 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.
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Chairman
Carey requested that the record reflect that Commissioner Van Der Weide is out
on medical leave.
PUBLIC
HEARINGS
BEAR GULLY
ROAD REZONE/The Ryland Group
Proof of publication, as shown on
page ________, calling for a public hearing to consider adoption of an
Ordinance to rezone 39.4 acres located on the south side of Bear Gully Road, approximately
1/4 mile east of Howell Branch Road and approximately 1/4 mile north of SR 426,
from A‑1 (Agriculture) and R‑1AA (Single Family Dwelling) districts
to the R‑1BB (Single Family Dwelling) district, The Ryland Group, Inc., received
and filed.
Commissioner Horan advised that he
has a conflict with regard to this item and has already filed a Conflict form.
Commissioner Horan left the meeting
at this time.
Kathy Hammel, Planning and
Development Division, addressed the Board to present the request, advising that
the applicant has voluntarily agreed to construct a roundabout on Bear Gully
Road and is foregoing construction within 344 feet between the power line
easement and Bear Gully right-of-way.
She stated that the Planning and Zoning Board approved the request and
advised staff is recommending approval.
She requested that the staff report be made a part of the record.
Upon inquiry by Chairman Carey, Ms.
Hammel stated this item has not yet been submitted for final engineering. Chairman Carey advised that there is only a
50-foot right-of-way on Bear Gully Road and that it takes about 100 feet to do
a roundabout. She stated that she
understands that the applicant is voluntarily agreeing to do a roundabout; however,
if engineering deems it is not safe to do that, that condition could go away.
Brett Blackadar, Acting County
Engineer, addressed the Board to state that the County has Kittelson and
Associates on board for a continuous services contract. They developed the national roundabout
standards, have looked at the preliminary plans for this roundabout and are
okay with the size.
Charlie Madden, Madden Moorehead
and Blunt, addressed the Board to state he represents the applicant, Ryland
Homes. He advised they have met with
both of the adjacent HOA's, figured out what the HOA's needed to be in support
of the project and have signed some agreements which are part of this approval.
John Horvath, 1004 Bradford Drive,
addressed the Board to state he grew up in this area. Mr. Horvath stated that he remembers when all
of the surrounding land was an actual grove and he has watched the area go from
rural to urban. He realizes that they
have had an economic turndown and stated it is good to see there are some
builders who do have funds available to go ahead and develop some of the land
that is still available. Mr. Horvath
stated this is needed because the area is going to grow and the land is no
longer usable, theoretically, for agriculture.
No one else spoke in support or in
opposition.
Speaker Request Form for John
Horvath was received and filed.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2011-33,
as shown on page _______, rezoning 39.4 acres located on the south side of Bear
Gully Road, approximately 1/4 mile east of Howell Branch Road and approximately
1/4 mile north of SR 426, from A‑1 (Agriculture) and R‑1AA (Single
Family Dwelling) districts to R‑1BB (Single Family Dwelling) district, as
described in the proof of publication, The Ryland Group.
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.
Commissioner Horan reentered the
meeting at this time.
VACATE AND
ABANDONMENT/Sharon Stallworth
Proof of
publication, as shown on page ________, calling for a public hearing to
consider adoption of the Resolution
vacating and abandoning a portion of the unimproved public right-of-way known
as that part of the 15‑foot wide alley lying west of and adjacent to Lots
14 and 15, and lying east of and adjacent to Lots 16 and 17, Thomas' Addition
to Midway, Sharon Stallworth, received and filed.
Alan Willis, Planning and
Development Division, addressed the Board to present the request. Mr. Willis stated this portion of the alley
is currently uncut and is not needed for public access. He advised that staff is recommending
approval and requested that the staff report be made a part of the record.
Douglas Lamb, 165 Monroe Road,
addressed the Board to request the 2011 Color Aerials map (included in agenda
packet) being displayed be moved so he could determine the name of the other
road. Chairman Carey stated that it is
Sipes Avenue on the right side of the red line and Water Street on the left. Mr. Lamb expressed his thanks.
No one else spoke in support or in
opposition.
District Commissioner Carey stated
she supports the request and recommended approval.
Motion by
Commissioner Horan, seconded by Commissioner Dallari, to adopt appropriate Resolution
#2011-R-234, as shown on page _______, vacating and abandoning a portion of the
unimproved public right-of-way known as that part of the 15‑foot wide
alley lying west of and adjacent to Lots 14 and 15, and lying east of and
adjacent to Lots 16 and 17, Thomas' Addition to Midway, as recorded in Plat
Book 7, Page 69, of the Public Records of Seminole County, as described in the
proof of publication, Sharon Stallworth.
Districts 1, 2, 4 and 5 voted AYE.
ORANGE BOULEVARD (WEKIVA
ENCLAVE) LAND USE
AMENDMENT, REZONE, AND TEXT
AMENDMENT/Surrey Homes
Proof of
publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance amending the Seminole County
Comprehensive Plan to enact a Large Scale Future Land Use Amendment from
Suburban Estates (SE) to Planned Development (PD) and the associated Text
Amendment to the Future Land Use Element, for 18.11 acres, located at the
northwest corner of Orange Boulevard and Walden View Drive, approximately 1/4
mile south of SR 46; and the adoption of an associated Ordinance to rezone the
subject property from A‑1 (Agriculture) to PUD (Planned Unit Development),
Surrey Homes, LLC, received and filed.
Kathy Hammel, Planning and Development
Division, presented the request, advising the applicant proposes to develop the
property as a single-family development with a maximum number of 1.8 units per dwelling
acres with a maximum of 30 lots. She
stated that the Comprehensive Plan allows for up to 2.5 units per acre but only
for 30 acres or greater, and that the proposed text amendment eliminates the
minimum acreage requirement.
Ms.
Hammel stated that staff finds the requested Planned Development Future Land
Use and the PUD zoning would authorize a residential development similar to and
compatible with the surrounding area, and advised that P&Z concurred with
this finding and voted to recommend approval.
She stated staff has also received letters of no objection from several
State agencies. Staff is recommending
approval and requested the staff report be made a part of the record.
Charlie
Madden, Madden Moorhead & Blunt, stated he is representing the land owner. He advised that they met with the Capri Cove
and Sylvan Lake Reserve HOA's, worked out some issues and got their
support.
No one
spoke in support or in opposition.
District
Commissioner Carey recommended approval with the staff recommendations as
reported.
Motion by Commissioner Horan, seconded
by Commissioner Dallari, to adopt Ordinance #2011-34, as shown on page _______,
amending the Seminole County Comprehensive Plan
to enact a Large Scale Future Land Use Amendment from Suburban Estates (SE) to
Planned Development (PD) and the associated Text Amendment to the Future Land
Use Element, for 18.11 acres, located at the northwest corner of Orange
Boulevard and Walden View Drive, approximately 1/4 mile south of SR 46; to
adopt Ordinance #2011-35, as shown on page _______, to rezone the subject
property from A‑1 (Agriculture) to PUD (Planned Unit Development); and
authorize the Chairman to execute said documents, as
described in the proof of publication, Surrey Homes, LLC; Development Order, as
shown on page _______.
Districts
1, 2, 4 and 5 voted AYE.
VACATE AND ABANDONMENT/
Full Gospel
House of Prayer
Proof of
publication, as shown on page ________, calling for a public hearing to consider adoption of the Resolution vacating and abandoning a portion
of the unimproved public right-of-way known as that part of the alley lying
east of Lots 1 through 7, Block 2, Lockharts Subdivision, Full Gospel House of
Prayer, Elijah Jones, Lynette D. Morrison, and Henry Bradley, received and
filed.
Alan Willis, Planning and Development
Division, presented the request. Mr. Willis
stated this portion of the alley is currently uncut and is not needed for
public access. He advised that staff is
recommending approval and requested that the staff report be made a part of the
record.
No one spoke in support or in opposition.
Written Comment Form from Wynell Washington
was received and filed.
Upon inquiry by Chairman Carey, Mr. Willis
illustrated on Exhibit A (included in agenda packet) the properties owned by
the applicant. He stated that the
applicant does not own Lots 6, 7, 13 and 14 and advised that he has received
letters of support from those owners in support of the vacate.
District Commissioner Carey recommended
approval.
Motion by Commissioner Horan,
seconded by Commissioner Henley, to adopt appropriate Resolution #2011-R-235,
as shown on page _______, vacating and abandoning a portion of the unimproved
public right-of-way known as that part of the alley lying east of Lots 1
through 7, Block 2, Lockharts Subdivision, recorded in Plat Book 3, Page 70, of
the Public Records of Seminole County, as described in the proof of publication,
Full Gospel House of Prayer, Elijah Jones, Lynette D. Morrison, and Henry
Bradley.
Districts
1, 2, 4 and 5 voted AYE.
VACATE AND ABANDONMENT/
Craig and
Kim Young
Proof of
publication, as shown on page ________, calling for a public hearing to consider adoption of the Resolution vacating and abandoning the
public right-of-way known as "Unnamed Alley" lying west of and
adjacent to Lot 10, in A.J. Peterson Subdivision First Addition Plat; located
directly south of Palm Terrace and approximately 130 feet east of Monroe Road,
Craig and Kim Young, received and filed.
Alan Willis, Planning and Development
Division, presented the request. Mr. Willis
stated the alleyway is not needed for public access. He advised that staff is recommending
approval and requested that the staff report be made a part of the record.
Craig
Young, applicant, addressed the Board to explain why he wants the alley to be
vacated. Upon inquiry by Chairman Carey,
Mr. Young stated the County redid the ditch a year ago and planted grass. People started to drive on it after that and
ruined the grass that was planted, so now it is a dirt road. He explained how people drive to the business
located behind him.
Cayce Forrester, 165 Monroe Road, addressed
the Board to state that this right-of-way has been unimproved for years. She advised that driving on it became a
problem after the County came in and cut the trees in the ditch. She is in favor of the vacate to stop the
traffic.
No one else spoke in support or in
opposition.
District Commissioner Carey recommended
approval.
Motion by Commissioner Horan,
seconded by Commissioner Henley, to adopt appropriate Resolution #2011-R-236,
as shown on page _______, vacating and abandoning the public right-of-way known
as "Unnamed Alley" lying west of and adjacent to Lot 10, in A.J.
Peterson Subdivision First Addition Plat; located directly south of Palm
Terrace and approximately 130 feet east of Monroe Road, as described in the
proof of publication, Craig and Kim Young.
Districts
1, 2, 4 and 5 voted AYE.
Chairman
Carey requested that staff meet with the homeowners and address the issue of
commercial traffic going down this ditch line so that it does not
continue. She asked Mr. Blackadar to
speak with the homeowners before they leave.
PEARL
LAKE ESTATES LAND
USE
AMENDMENT/Dave Schmitt
Proof of publication, as shown on
page ________, calling for a public hearing to
consider authorizing transmittal of the Proposed Comprehensive Plan Amendment
changing the land use designation on 34.12 acres, located on the west side of
Orange Boulevard, approximately 1/4 mile south of Wilson Road, from SE
(Suburban Estates) to PD (Planned Development), and the associated rezoning
from A‑1 (Agriculture) to PUD (Planned Unit Development), Dave Schmitt,
received and filed.
Joy Williams, Planning and Development
Division addressed the Board to present the request, advising that the applicant
proposes to develop the subject property as a single-family residential subdivision
with a maximum density of 2.5 dwelling units per net buildable acre, and a
maximum of 69 lots. Ms. Williams stated
that the subject property is located within the Wekiva River Protection Area
and the East Lake Sylvan Transitional Area.
The development complies with Comprehensive Plan Policy FLU 12.2 which
allows for a maximum of 2.5 dwelling units per net buildable acre when a
development utilizes a clustered design to minimize impacts to natural
resources.
Ms. Williams stated that the Planning and
Zoning Commission voted unanimously to recommend approval and advised that
staff is recommending transmittal of the amendment. She requested that the staff report be made a
part of the record.
Judy
Stewart, Dave Schmitt Engineering, addressed the Board to state that they have
worked diligently with both County staff and the surrounding homeowners and
have their support. She stated that she
is available to answer any questions and advised that Dave Schmitt, the project
engineer, and Mr. Harkins, the project owner and developer, are present.
Chairman
Carey stated there are a number of issues in the surrounding area of this
particular property, mostly to the south and involving the trails. It is not pertinent to this particular piece
of property except that they could probably have some positive benefit by staff
working with this development to try and fix some of these issues while this
project is going on. She explained there
had recently been a road project in the area, and Orange Boulevard had some
improvements. Chairman Carey stated she
was told at that time that this project would fix some of the drainage problems
that the neighbors were having with the runoff flooding their barns and homes
on the northwest corner of the intersection.
The road project didn't fix the problem.
She requested that Mr. Blackadar address what is being done now to try
and address some of those issues and how they may be able to work with the
development to try and fix some of that.
Mr.
Blackadar referred to the Winter 2011 Color Aerials map (included in agenda
packet) and explained some of the things done during the road project on Orange
Boulevard. He stated that any of the
runoff that came from Orange Boulevard that may have gone into that area should
have been taken care of. A lot of the
runoff from the neighboring site should be taken care of with this new
project. They are going to put in a
closed drainage system with outfall to Pearl Lake. He stated that the County is working on a
project where it floods on the south side of the trail to try and solve that
problem. He indicated on the aerial map
where problems remain.
Mr.
Blackadar explained that one of the challenges is some of the water that
probably ends up in this low area (indicating the area on the aerial map) is
stormwater that falls on these properties and stays on these properties, which
is hard for the County to address. He
stated it is a complex issue and a lot of things have happened over the years
in the area. He explained that if there
is water coming from Orange Boulevard and other areas that they can help to get
out to an outflow to Pearl Lake, they are willing to have further
discussions. This is only the land use
amendment. During final engineering,
they will have a lot of discussions with them.
Chairman
Carey stated that at the Planning and Zoning meeting, the applicant is on
record saying they are hoping to get a proposed pond with an emergency pop-off
to Pearl Lake approved during final engineering and get this permitted through
the County and the Water Management District and also be able to work with some
of the adjacent homeowners. She stated
this problem needs to be fixed and not compounded. She wanted to make everyone aware of the
problem and publicly get it on the record to make sure that it is taken care of
during the engineering.
Commissioner
Dallari asked Mr. Blackadar if he is saying that the property owner, when they
develop this piece of property and do their stormwater master plan, is looking at how to stage the stormwater
into that lake. Mr. Blackadar responded
yes, that will be part of the final engineering and will be addressed in the
final engineering plans.
Chairman
Carey stated that she is trying to tie the project and the development of this
piece on Orange Boulevard all together to make sure that they get the little
corner fixed and don't compound the situation.
Jack
Owen, 5855 S. Sylvan Lake Drive, addressed the Board to state he owns the
property just to the west side of this property that is being rezoned and has
lived there for 44 years. He stated that
his understanding is that these people do not intend to build a fence or any
type of wall down the side of his property.
He described some of the things on his property and stated he is afraid
there are many things there that will attract children. He requested that if this rezone is approved,
and eventually permitted for building the project, that the Board also include
that they must build a wall or fence down his 1,320 feet to keep the children
from getting harmed or hurt on his property.
Bernard
Hart, Orange Boulevard, addressed the Board to state that he and his neighbors
are not in disagreement with this project but they just want to make sure that
the flooding issue is addressed. He
stated they don't need any more water out there and wants to be sure that
everyone is aware of what is going on.
Upon
inquiry by Commissioner Henley, Ms. Stewart stated they have no objection to
placing a fence along the location. They
certainly understand Mr. Owen's concerns and appreciate the need for the safety
of all of the citizens of Seminole County.
She stated they concur with a fence but not a wall.
Upon
inquiry by Chairman Carey, Ms. Stewart stated at this time they are looking to
do a chain link fence to secure the boundary.
No one else spoke in support or in
opposition.
Speaker Request Form from Jack Owen was
received and filed.
Upon
inquiry by Chairman Carey, Ms. Williams stated that along the west side there
is a proposed buffer of a 15-foot minimum and a 20-foot average with a 5-foot
meandering mulch trail. Chairman Carey
stated they need to make sure that is secure and make that amendment to the
development order to require a fence.
She stated she believes it needs to be along the entire western portion
of the property since it is easy to walk around the fence.
Upon
inquiry by Commissioner Henley, Ms. Williams stated that the cell tower
easement is existing now.
District
Commissioner Carey recommended approval with an amendment to have a minimum of
a chain link fence along the entire western boundary of the property.
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to authorize transmittal of the Proposed
Comprehensive Plan Amendment changing the land use designation on 34.12 acres,
located on the west side of Orange Boulevard, approximately 1/4 mile south of
Wilson Road, from SE (Suburban Estates) to PD (Planned Development), and the
associated rezoning from A‑1 (Agriculture) to PUD (Planned Unit
Development), as described in the proof of publication, Dave Schmitt, including
the requirement of the minimum of a chain link fence along the entire western
side of the perimeter of the property.
Commissioner
Henley asked if they were talking about a 6-foot or 8-foot fence, rather than a
4-foot fence. Chairman Carey stated it
should be a 6-foot fence.
Commissioner
Dallari clarified that the motion
includes a fence that is a minimum of a 6-foot chain link.
Districts
1, 2, 4 and 5 voted AYE.
CAPITAL
IMPROVEMENTS
SCHEDULE UPDATE/Seminole County
Proof of publication, as shown on
page ________, calling for a public hearing to
consider adoption of the Ordinance approving the 2011 Capital Improvements
Schedule Annual Update, received and filed.
Dick Boyer, Planning and Development
Division, addressed the Board to present the request, advising that the
schedule of Capital Projects listed in the Capital Improvements Element is
updated annually to ensure that the list matches the County's adopted five-year
Capital Improvements Program (CIP) which was approved earlier today by
Resolution.
John
Horvath, 1004 Bradford Drive, stated that he was born and raised here. He described how the County has changed. He stated that the County, over the last 20
years, has spent a lot of money improving the infrastructure. While there have been cutbacks, Mr. Horvath
stated the County cannot afford to cut back too much on capital
improvements.
No one else spoke in support or in
opposition.
Speaker Request Form for John Horvath was
received and filed.
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to adopt Ordinance 2011-36, as shown on page
_______, approving the 2011 Capital Improvements Schedule Annual Update, as
described in the proof of publication, Seminole County.
Districts
1, 2, 4 and 5 voted AYE.
CARILLON
PUD SETTLEMENT
AGREEMENT/Continued
Continuation of a public hearing from
November 8, 2011 to consider acknowledgement of the PUD Settlement Agreement
and approval of Addendum #5 to the Carillon PUD Developer's Commitment
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.
Tina Williamson, Planning and Development
Division Manager, addressed the Board to present the request, advising that
revised Addendum #5 and Amendment 1 to the Settlement Agreement were
distributed yesterday. On January 27,
2009, the Board of County Commissioners approved Addendum #4 to the Carillon
Planned Unit Development (PUD) Developer's Commitment Agreement (DCA). Subsequently, the adjoining homeowners filed
litigation in the Circuit Court to challenge the consistency of the approval
with the County's Comprehensive Plan.
Through mediation, largely between the homeowners and developers, the
parties have come to an agreement on revised conditions of approval
memorialized in the proposed Addendum #5 and a revised Final Master Plan. The executed Settlement Agreement is attached
as an exhibit to Addendum #5 and includes a formal Acknowledgement by the Board
of County Commissioners. The Settlement
Agreement requires the Plaintiffs to file a notice of voluntary dismissal with
prejudice within ten days after the expiration of any appeal period for this
approval of Addendum #5, which will close the litigation. Ms. Williamson stated that staff is
recommending approval and requested that the staff report be made part of the
record.
Aaron
Gorovitz, Lowndes Drosdick Doster Kantor & Reed, addressed the Board to
thank Kathy Furey-Tran (Assistant County Attorney), Nicole Guillet, and Tina
Williamson for their hard work, diligence and patience. Mr. Gorovitz also thanked Brent Spain and
David Theriaque, the attorneys for the homeowners. He believes that in the negotiation everybody
got something they can and will live with.
Mr. Gorovitz advised that both Mr. Ginsburg and Zan Reynolds, UCF
Foundation, have indicated that they will provide a project that will make the
community proud. He stated that Chris
Ackers, from the neighboring church,is present today. Mr. Gorovitz stated that they recommit on the
record to honor all of their commitments to the church.
Commissioner
Dallari stated that the agreement that they have with the homeowners’ association
is a private agreement. He wants to make
sure that Mr. Gorovitz is aware that the Board will not be enforcing that
agreement.
Commissioner
Henley stated that the Board is simply acknowledging what the parties have
agreed to. He stated that personally he
believes the developer has made a magnanimous agreement because it appears to
him that it will cost $10 million more than planned, which certainly deserves
recognition. Mr. Gorovitz stated that Mr. Ginsburg is really doing this for
philanthropic purposes and is willing to absorb the cost of a much more
expensive building to provide facilities for the kids sooner rather than enrich
the lawyers over the long run. Brent Spain, Theriaque & Spain, addressed
the Board to state he is here to reiterate what Mr. Gorovitz has
indicated. He explained that this was
court-ordered mediation back in July and the parties have worked diligently
since then. Both sides gave a little and
this is the end result. Mr. Spain stated
that subject to and consistent with the settlement agreement, the Carillon
Community Residential Association and Ken Hofer, the Plaintiff, requests the
Board's support for this request.
Mr.
Gorovitz advised that he and Mr. Spain agree not only to the settlement
agreement that was referenced but also to the 5th Amendment, as in the Board's
packet, and to the Master Plan package.
Chairman Carey stated the Development Order was being amended to
accommodate the settlement.
Phil
Singleton, 3964 Carnaby Drive, addressed the Board to state that he lives by
the seven-story parking garage. He does
not agree with the "love fest" and expressed the discontent within
the majority of his neighborhood. He
stated they were forced into some kind of agreement because they ran out of
cash and couldn't fight anymore. The
most disappointing part of the process was the rezoning to violate the UCF
Master Plan, to put a seven-story dorm in the neighborhood and violate their
own PUD.
Mr.
Singleton said the disappointment and outrage in his neighborhood is beyond
belief. Money won out; Mr. Ginsburg and
his millions and UCF and their influence.
Mr. Singleton stated they have seen laws, zoning and everything violated
over the last three years and requests that the Board halt the
encroachment.
Jim
Latimer, 3540 Woodley Park Place, addressed the Board to present a newspaper
article (copy received and filed) from yesterday's paper. He stated it is beyond belief how you can
come into a PUD and put in student housing.
If you go back to Zoning 101, it does not say you can put student
housing in a single-family residential development.
Chairman
Carey stated they will make sure the article gets circulated so everyone has an
opportunity to see it.
Mr.
Latimer stated that Mr. Ginsburg is not being magnanimous. He stated that they had no problems with the
current zoning and knew it was commercial.
They do not want students in their development.
Commissioner
Henley stated in regards to the student issue, he does not believe that this
Board owns any houses in that development and is not making them available to
students. Their neighbors are the ones
that apparently are renting them out, not the Board.
Chairman
Carey reminded everyone that this is not a zoning issue. This is a settlement agreement that the Board
of County Commissioners has been asked to acknowledge based on both the
representative of the land, Mr. Ginsburg, and the Carillon Homeowners’
Association.
No
one else spoke in support or in opposition.
Speaker
Request Form from Jim Latimer was received and filed.
Motion by Commissioner
Dallari, seconded by Commissioner Henley, to approve Addendum #5, as shown on
page _______, to the Carillon PUD Developer’s Commitment Agreement, the revised
Final Master Plan and the Acknowledgement, as shown on page _______, of 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; and authorize the
Chairman to execute the aforementioned documents.
Under
discussion, Commissioner Horan stated he was not on the Board when these
original development approvals occurred but he did know about them and has had
an opportunity to talk to homeowners in the area. He stated that everybody on the Board
sympathizes with the situation that exists since they are so near to what is
the largest university in the state.
There are 25,000 students who live within a three- to four-mile radius
of the campus.
Commissioner
Horan advised that the only thing in front of the Board today is a settlement
of the litigation between the developer and the homeowners’ association. He stated that he would hope, however, that
UCF and the student body would work towards working well with the neighborhoods
in the area (because he is sure that Carillon is not the only neighborhood that
is having this particular difficulty) and make sure that the students who are
renting in these particular areas conduct themselves in compliance with the
customs, practices and uses of a residential neighborhood.
Districts
1, 2, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman Carey requested that
Mr. Hartmann draft and send a letter to Harry Barley confirming the
Transportation Technical Committee representatives for Seminole County.
-------
Chairman Carey asked the Board
members to review the applications that they have on file and also people they
may know who may be interested in serving on the MetroPlan Orlando Citizens
Advisory Committee. There are a couple
of appointments that need to be made and she would like to make them at the
first meeting in January.
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Chairman Carey requested a
Resolution of Appreciation for Greg Dull for his services on the Seminole
County Tourism Development Council.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution
#2011-R-251, as shown on page _______, commending Greg Dull for his service on
the Seminole County Tourism Development Council.
Districts 1, 2, 4 and 5 voted AYE.
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Chairman
Carey stated that she would like to move by resolution that Diane Crews from
the Orlando International Airport be appointed to the Tourism Development
Council. Mr. Applegate stated that he
would make sure that is done. Chairman
Carey asked if the Board is in concurrence with that. No
objections were voiced.
Resolution #2011-R-237, as shown on
page _______, appointing Diane Crews to the Tourism Development Council was
adopted by concurrence.
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Chairman
Carey asked for a motion to approve reappointments.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate
Resolution #2011-R-238, as shown on page _______, reappointing Steve Coover to
the Board of Adjustment; and to adopt appropriate Resolution #2011-R-244, as
shown on page _______, reappointing Don Nicholas to the Leisure Services
Advisory Committee (Parks & Preservation Advisory Committee).
Districts
1, 2, 4 and 5 voted AYE.
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Motion by
Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2011-R-239, as shown on page _______, reappointing George Wallace
to the Law Library.
Districts 1, 2, 4 and 5 voted AYE.
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Chairman
Carey stated that Commissioner Henley’s birthday is on January 4 and she wished
him a Happy Birthday.
-------
Chairman
Carey wished everyone a Merry Christmas and a safe and happy New Year. She thanked staff for their hard work during
the year.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated October 27, 2011 to Chairman Brenda Carey from Harvey Ruvin, Clerk of the
Court, Miami-Dade County, re: Resolution urging Florida counties that have not
already enacted ordinance regulating scrap metals to do so.
2. Letter
dated November 4, 2011 to Chairman Brenda Carey from Polly Trottenberg, U.S.
Department of Transportation, re: acknowledgment of letter supporting funding
of the Orlando Regional Multimodal Pedestrian Safety Program under the $527
million TIGER Discretionary Grant Program.
3. Letter
dated November 7, 2011 to Commissioner Brenda Carey from Juliana Steele, United
Arts of Central Florida, re: appreciation of Seminole County’s support for the
arts.
4. Letter
dated November 14, 2011 to Chairman Brenda Carey from Barbara Lipscomb, City
Manager, City of Casselberry, re: Regional Application for the TIGER III
Discretionary Grants Program.
5. Letter
dated November 17, 2011 to Chairman Brenda Carey from Suzanne Phillips, FDOT
Wekiva Parkway Manager, re: Wekiva Parkway; Lake and Seminole Counties;
Financial Project I.D. Numbers 431081-3 & 4301081-4.
6. Letter
dated November 21, 2011 to Sir or Madam from Donald Kinard, Chief, Regulatory
Division of the Department of the Army, re: work being proposed on adjoining
property.
7. Letter
dated November 23, 2011 to Chairman Brenda Carey from Diane Pickett Culpepper,
BrightHouse Networks, re: programming changes.
8. Letter
dated November 28, 2011 to Chairman Brenda Carey from Victor Johnson, Interim
Division Director Emergency Medical Operations, Florida Department of Health,
re: Award EMS Grant in the amount of $109,211.00; grant I.D. Code C0057.
9. Letter
dated December 6, 2011 to Chairman Brenda Carey from Harold Barley, Executive
Director, MetroPlan Orlando, re: staff representation on the Transportation
Technical Committee for 2012.
10. Copy of letter dated November 8, 2011 to Dr.
Leslie Smith, CEO, Central Florida Family Health Center, from Chairman Brenda
Carey re: HRSA Capital Development – Building Capacity Grant.
11. Copy of letter dated November 8, 2011 to John
Litton, Lake Mary, from the Seminole County Board of County Commissioners re:
Congratulations on Mr. Litton’s retirement.
12. Copy of letter dated November 8, 2011 to Jan
Dougherty, Sanford City Clerk, from Chairman Brenda Carey re: reappointment of
Mr. Robert Hopkins to the Sanford CRA.
13. Copy of letter dated November 15, 2011 to Mr.
Robert Hopkins from Jan Dougherty, Sanford City Clerk, re: reappointment to the
Sanford CRA.
DISTRICT
COMMISSIONERS’ REPORTS
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate
Resolution #2011-R-240, as shown on page _______, reappointing Robert Wolf to
the Planning and Zoning Commission for a four-year term ending January 1, 2016.
Districts
1, 2, 4 and 5 voted AYE.
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Commissioner
Dallari stated that, with regard to the medical facility that is going to be
built on SR 426 and Red Bug Lake Road, he met with the property owner, the
County Manager and the County Attorney. He advised he is looking forward to them
bringing back some type of MOU. The MOU
will be referencing the relocation of the trail. Chairman Carey advised that this is for the
HCA Facility. Commissioner Dallari
explained why this could not be resolved before it got built. He stated that staff will work with the
developer and the property owner and bring the matter back to the Board.
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Commissioner Dallari stated he met
with AquaFiber with regard to some of the work they have done in the Lake Jesup
area. He stated he would like to have a
work session with them in the upcoming month and distributed some information
(copy received and file). One of the
reasons for a work session is because the capital improvements that they are
looking at may be able to save the County money if they do a private/public
partnership with them. He would like to
see if they can get that on an upcoming agenda for a work session if possible
so they can discuss it in the public amongst themselves and with the County
staff and AquaFiber. Chairman Carey
advised that they will try and get that scheduled towards the end of January or
the beginning of February.
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Commissioner Dallari advised that
he has been meeting with staff and the City of Oviedo. They are working to do something with Downtown
Oviedo and the trail system. He stated he
is looking forward to that coming back to the Board. He distributed Exhibits A and B to the
Historic Downtown Oviedo Proposed Comprehensive Plan (copies received and
filed) that he has received.
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Commissioner Dallari stated that on
some of the unmaintained roads there are drainage ditches where the vegetation
has gotten to a point where, even though they are functional, the vegetation
can be on average several feet tall. He
would like to have staff report back to the Board with regard to mowing those
ditches at least once every four years so they will be of a significant size so
they can see what is in them.
Chairman Carey stated that is a big
problem in her district. She stated they
are supposed to be on an annual cycle for mowing. Commissioner Dallari stated that is not
happening. Chairman Carey suggested if
Commissioner Dallari has a particular problem, he should contact the County
Manager or Engineering Department. Commissioner
Dallari stated he has done that. Commissioner
Henley stated there is a new Public Works director now that he can contact.
Commissioner Dallari advised that
in speaking to staff, they are under the impression that it could not be
maintained because it is an unmaintained road.
Chairman Carey stated an unmaintained road creates a whole other
problem. Commissioner Dallari said he is
not looking to maintain the road; he is looking to cut down the debris in the
ditch.
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Commissioner Dallari wished
everyone a Happy Holiday and Merry Christmas.
He thanked everyone for their hard work all year long.
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Motion by Commissioner Horan, seconded
by Commissioner Dallari to adopt appropriate Resolution #2011-R-241, as shown
on page _______, appointing Bryan Wilson to the Animal Control Board for a
one-year term; to adopt appropriate Resolution #2011-R-252, as shown on page
_______, commending Marylin Wittmer for her service on the Animal Control Board;
to adopt appropriate Resolution #2011-R-242, as shown on page _______,
reappointing David Putz to the Contractor Examiner’s Board as the plumbing
contractor representative; to adopt appropriate Resolution #2011-R-243, as
shown on page _______, reappointing James Robison to the Historical Commission;
and to adopt appropriate Resolution #2011-R-237 reappointing Jacqueline Padilla
to the Tourism Development Council.
Districts 1, 2, 4 and 5 voted AYE.
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Commissioner
Horan wished everyone a joyous holiday season.
He thanked his colleagues for their support during his first year on the
Commission.
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Motion by Commissioner Henley, seconded
by Commissioner Horan, to adopt appropriate Resolution #2011-R-242 reappointing
Nancy Irish to the Contractors Board for a one-year term, to adopt appropriate
Resolution #2011-R-247, as shown on page _______, reappointing Dennis Warren to
the Code Enforcement Board for a three-year term; to adopt appropriate
Resolution #2011-R-243 reappointing Carolyn Bistline to the Historical
Commission for a two-year term; to adopt appropriate Resolution #2011-R-241
appointing Stephen Browne to the Animal Control Board for a one-year term; to
adopt appropriate Resolution #2011-R-242 appointing Mark Wesson to the
Contractors Board for a one-year term; to adopt appropriate Resolution
#2011-R-244 appointing Josh Smith to the Parks and Preservation Board for a
three-year term; to adopt appropriate Resolution #2011-R-248, as shown on page
_______, commending Mark Brandenberg for his service on the Parks and
Preservation Board; to adopt appropriate Resolution #2011-R-249, as shown on
page _______, commending Beverly Myers for her service on the Library Advisory
Board; and to adopt appropriate Resolution #2011-R-250, as shown on page
_______, commending Kathleen Prince for her service on the Animal Control
Board.
Districts 1, 2, 4 and 5 voted AYE.
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Commissioner
Henley stated he attended a meeting held by a group that is trying to raise
money to save the conservation area (Environmental Center). He stated they are struggling with finding
ways to raise money. This year is taken
care of and money has been raised for next year. He stated they are not experienced in raising
money and encouraged the Board to see if they can tap into some of the people
that they know to try and help for the following year. He suggested they encourage the cities to
also step up to keep the program going.
He reminded the Board that they have helped Kids House, the Abuse Center
and the Boy Scouts and hopes they won’t forget this group. Chairman Carey stated that she believes
Commissioner Henley would do a great job to be the one taking the lead.
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Commissioner Henley commended Mr.
Hartmann for the short time that he has been here and the team he has put
together. He stated he believes Mr. Hartmann
has done a good job and appreciates the effort.
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Chairman Carey stated that with
regard to the Pathways to Home community discussion about the homeless
situation this evening, she had a meeting today with Commissioner Mahany, City
of Sanford. Apparently, when the 18
groups were being put together to discuss homeless issues, Sanford was not part
of that group. Sanford has the largest
population of homeless in the County.
Chairman Carey requested that Mr. Hartmann make sure that he reaches
out to those groups to make sure that Sanford gets included. Commissioner Dallari stated they will take
care of that this evening.
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Chairman Carey asked for a motion
approving Commissioner Van Der Weide’s appointments and reappointments.
Motion by
Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2011-R-241 reappointing Debra Garrambone to the Animal Control
Board for a one-year term ending January 1, 2013; to adopt appropriate
Resolution #2011-R-242 reappointing Marti Chan to the Contractor Examiner Board
for a one-year term ending January 1, 2013; to adopt appropriate Resolution
#2011-R-243 reappointing Cecil Tucker to the Historical Commission for a
two-year term ending January 1, 2014; to adopt appropriate Resolution
#2011-R-244 reappointing Bob Goff to the Parks and Preservation Advisory
Committee for a three-year term ending January 1, 2015; to adopt appropriate
Resolution #2011-R-245, as shown on page _______, reappointing Matt Brown to
the Seminole County Port Authority for a four-year term ending January 1, 2016;
to adopt appropriate Resolution #2011-R-237 reappointing Frank Cirrincione to
the Tourism Development Council for a four-year term ending January 1, 2016; to
adopt appropriate Resolution #2011-R-246, as shown on page _______, appointing
Elizabeth Murphrey to the Library Advisory Board for a two-year term ending
January 1, 2014; and to adopt appropriate Resolution #2011-R-242 appointing
James Depoy to the Contractor Examiner Board for a one-year term ending January
1, 2013.
Districts 1, 2, 4 and 5 voted AYE.
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Chairman Carey wished Commissioner
Van Der Weide a speedy recovery and hoped he will back in the new year. She stated as soon as she gets an update on
his condition she will share that with everyone. Commissioner Horan stated that Commissioner
Van Der Weide is missed.
COUNTY
MANAGER’S REPORT
Mr. Hartmann thanked the Board for
their support over the last six months.
He thanked all of the staff that he inherited because they have been
supportive as well. He believes relationships
are being built in the right way. He
advised that in the next couple of years, although the economy may be
improving, they will have to recreate how they do a lot of things. Having a solid team will help deal with some
of the big issues that they have.
Mr. Hartmann offered his best
wishes to all of the families in Seminole County.
COUNTY
ATTORNEY’S REPORT
Mr. Applegate thanked Assistant
County Attorney Kathy Furey-Tran for her hard work on Carillon. He stated it is a very difficult position to
be stuck between two parties, and he believes Ms. Furey-Tran did a masterful
job in facilitating the settlement.
Mr. Applegate wished everyone a Merry
Christmas. He stated he appreciated the
Board's support. He said he met with Ms.
Guillet and Ms. Williamson from the Growth Management Department and expressed
his appreciation for their hard work.
ITEMS FOR FUTURE AGENDA – CITIZENS
John
Horvath wished the County Commissioners and staff a Merry Christmas and Happy
New Year. Mr. Horvath stated that with
regard to homelessness, it is countywide.
The seven cities and the County have many other issues. The School Board is looking at closing some
schools. He knows that the County,
cities and the School Board work together and he appreciates that. He stated there have been some mergers of
services and he believes that maybe those need to be looked at again in the
future. He suggested that everyone needs
to work together.
Mr. Horvath stated that it is his
understanding that in 2013 Seminole County is going to celebrate the centennial
of the County and he hopes the County has some sort of plan for a
celebration. He believes that would be beneficial
to see where the County is going to go in the future.
Chairman Carey advised that there
are plans underway for the centennial celebration.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:50 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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