BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
February 14, 2012
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, February 14, 2012, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District 3)
Clerk of Court Maryanne Morse (late)
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Commissioner Bob Dallari (District 1)
Pastor Rico Sharp, Spirit of Truth Ministries, Lake Mary, gave the Invocation.
Commissioner Van Der Weide led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Ed Burford, Veteran Services, addressed the Board to display a short video on the services of the veterans.
Maryanne Morse, Clerk of Court, entered the meeting at this time.
Mr. Burford stated he is proud to be a veteran and pride is the theme that they have carried on throughout the video. He stated he believes the veterans signify the greatness that this country has. The veterans are his heroes and he would like everyone to thank them for their services.
Chairman Carey stated she would like to personally and publicly thank Mr. Burford and his staff for doing a wonderful job in helping the Veterans get through the VA maze.
Commissioner Henley asked for an update on the fallen heroes’ memorial.
At the request of Commissioner Van Der Weide, Meloney Lung, Central Services Director, addressed the Board to state when the staff initially met with the group, they decided to break the plan down into phases. She stated they are in the process of scheduling a meeting with the 501(c)(3) as well as representatives that attended the initial design meetings. She stated they will discuss trying to relocate the flags as well as trying to do an initial phase with the money that they currently have. She said she is hoping that will stimulate some contributions to the 501(c)(3). She added she expects to get the members from the nonprofit group together, and hopefully can meet within the next ten days. She said staff will bring the modified plan to the Board for review.
Commissioner Horan stated he comes from a family of veterans and he believes that everyone in this country makes sacrifices because, like the veterans, they dream of being involved in something bigger than themselves.
Sandy Buckner, 748 Valley Stream Drive, addressed the Board to state she represents the Geneva Elementary School Advisory Council and she is not here on behalf of just the school in Geneva but all the schools in the County. She stated the citizens appreciates any efforts the Board can do in moving forward to assist in closing the gap in the School Board’s budget and working on a new business plan with them. The citizens will be doing their part in working with the Legislature trying to get extra funds for the County and the School Board. She thanked the Board for their support and stated the citizens want to help with a new business plan model. She distributed shirts to the Board members.
Commissioner Horan stated he agrees that all the discussions about closing schools create a lot of useless anxiety. He said the public officials are dealing with a lot of uncertainty and a lot of moving variables. It is good to know that there are thoughtful people in this County that are involved. He asked that they can keep the Board and School Board informed.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, addressed the Board to advise staff has submitted revised signature pages for Items #2 through #7 under the Purchasing & Contracts agenda. He informed the Board of a new page 457 for Item #12, Approve BAR Resolution in the amount of $1,261,332. Staff is requesting that Item #19, Approve Facility Use Agreement for Fantazy Faces be pulled from the agenda. Staff has amended the parcel number (should be 175.1R) on Item #20, Approve Resolution and County Deed to FDOT relating to SR 400 improvements. Mr. Hartmann noted that under Item #31, Property Surplus/Property Exchange for Samy Realty, staff has published a notice for the morning session and staff has asked that this item be heard in the afternoon session.
Commissioner Henley requested that Item #7, Award RFP-601311-11, be pulled for a separate discussion.
Commissioner Carey requested that Item #18, Approve Agreement and Addendum with Florida Department of Transportation for subsurface drainage easement in Sunland Park, be pulled for a separate discussion.
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide to authorize and approve the following, as amended:
Purchasing & Contracts Division
2. Approve the Assignment, as shown on page _________, of the Master Services Agreement (MSA) for PS-5116-10/JVP (CEI Services for SR 436 & Red Bug Lake Road Interchange and SR 436 Resurfacing) from Wilbur Smith Associates, Inc. to CDM Smith, Inc.; authorize the Purchasing & Contracts Division to execute the Assignment; and approve an increase to the Board approved Estimated Term Usage by an additional $500,000.00 over the term of the MSA.
3. Award IFB-601294-11/TLR - Term Contract, as shown on page ________, for General Area Lawn Maintenance (Facilities) to P & L Lawn Maintenance, Inc., Orlando, in the amount of $193,115 per year; and authorize the Purchasing and Contracts Division to execute the agreement.
4. Award IFB-601295-11/TLR - Term Contract, as shown on page ________, for Park & Boat Ramp Lawn Maintenance to ValleyCrest Landscape Maintenance, Longwood, in the amount of $149,801.86 per year; and authorize the Purchasing and Contracts Division to execute the agreement.
5. Award IFB-601296-11/TLR - Term Contract, as shown on page ________, for Lawn Maintenance of Seminole County Trails to Carol King Landscape Maintenance, Orlando, in the amount of $109,692 per year; and authorize the Purchasing and Contracts Division to execute the agreement.
6. Award IFB-601297-11/TLR - Term Contract, as shown on page ________, for Lawn Maintenance of Miscellaneous Properties to AmeriScapes Landscapes, Orlando, in the amount of $27,476 per year; and authorize the Purchasing and Contracts Division to execute the agreement.
8. Authorize the Central Services Director to notify William K. Franz and Janice T. Franz of Termination of Lease for 12.5 acres adjacent to their property in Geneva, effective February 14, 2012.
Community Assistance Division
9. Approve and authorize the Chairman to execute the Satisfactions of Mortgage, as shown on page _________, for households assisted under the County's Home Ownership Assistance Program or the Emergency Repair Housing Program for the following: Maribel Lamboy; Suzanne W. Dessberg; Laura B. Evans; Margarita Flores; Robin Nathaniel Hurt; Sylvia L. Illick; Carlecia Keitt; Robert W. & Constance A. Knauff; Dragica & Strailo Laganin; Mercedes and Marcos Martinez; Patricia Martin; Arthur McElroy; Diane M. Puma; Sonja Reddick; Mildred R. Reese; Omar A. Stephenson & Melissa A. Persina; Shawanda D. Walker; Lonnie & Cathy Weaver; and Jay Wolfe.
10. Approve and authorize the Chairman to execute the Seminole County Coalition for School Readiness, Inc. Subrecipient Agreement, as shown on page ________, Program Year 2011-2012 to provide affordable child care services to eligible residents of Seminole County for the program year 2011-2012.
11. Approve and authorize the Chairman to execute an Amendment, as shown on page _________, to the Mosquito Control Budget as a requirement of the Florida Department of Agriculture and Consumer Services, Arthropod Control Program.
12. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-43, as shown on page _________, implementing Budget Amendment Request (BAR) #12-039 through various Grant Funds in the amount of $1,261,332 to true-up grant funding carried forward from FY 2010/11 to FY 2011/12 at budget adoption.
13. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-44, as shown on page _________, implementing Budget Amendment Request (BAR) #12-040 through the General Fund in the amount of $13,859 to provide reimbursement funding for the replacement of stolen property.
14. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-45, as shown on page _________, implementing Budget Amendment Request (BAR) #12-041 through the General Fund in the amount of $150,000 to provide additional funding for State mandated Juvenile Detention Program cost sharing related to the State's FY 2010/11 cost sharing final reconciliation.
15. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-46, as shown on page _________, implementing Budget Amendment Request (BAR) #12-042 through the Public Works Grants Fund and the 2001 Infrastructure Sales Tax Fund in the amount of $180,000 to fund the design portion of the CR 46A Safety Improvements project and to recognize grant revenue in the amount of $150,000.
16. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-47, as shown on page _________, implementing Budget Amendment Request (BAR) #12-043 through the Public Works Grants Fund and the 2001 Infrastructure Sales Tax Fund in the amount of $136,769 to reduce grant revenue and project budget for the Altamonte Elementary School area sidewalks.
17. Approve and authorize the Chairman to execute Budget Change Request (BCR) #12-004, as shown on page _________, through the General Fund in the amount of $63,228 to transfer and reclassify a vacant position from the County Manager's Office to the Public Safety Department's Business Office.
Parks & Recreation Division
19. Pulled from the agenda request to approve the Facility Use Agreement for Fantazy Faces to operate face painting activities to encourage socialization, fun and family interaction at the County's active parks as approved by the Parks and Recreation Division Manager.
20. Adopt appropriate Resolution #2012-R-48, as shown on page __________, and authorize the Chairman to execute a County Deed, as shown on page _________, conveying all right, title and interest in land identified as Parcel Number 175.1R to the Florida Department of Transportation in conjunction with improvements to State Road 400 (Interstate 4) from the Orange/Seminole County Line to Central Florida Parkway, located on the east side of State Road 400 (Interstate 4) just north of Central Florida Parkway.
21. Adopt appropriate Resolution #2012-R-49, as shown on page _________, and authorize the Chairman to execute Supplemental Agreement Number 1, as shown on page ________, to a Local Agency Program (LAP) Agreement with the State of Florida Department of Transportation for the construction of a sidewalk on the south side of Wilson Road from Emmett Avenue to International Parkway in the vicinity of Wilson Elementary School. (FDOT - FPN: 425823-1-58-01)
Districts 2, 3, 4 and 5 voted AYE.
Chairman Carey advised that Commissioner Dallari is out of town at the National Association of Regional Planning Council meeting.
Award of RFP-601311-11/BJC (Item #7) as Employee Benefits Consultant to AGIS Florida Agency, LLC, Winter Park, in the amount of $75,000 per year was presented.
Commissioner Henley stated he understands the firm being recommended is the same one the County has had in the past and he would like to know the amount of the expired contract.
Ray Hooper, Purchasing Manager, addressed the Board to advise the contract is a little less than $75,000 that is being proposed today.
Commissioner Henley stated he noticed that the cost increased because of the change in the scope of service as well as they had performed some services that were beyond what the original scope of service was. He said he read the scope of service several times and it looks like everything was put in except the kitchen sink. He stated the one thing that concerned him was two firms responded that the hourly rate beyond the scope varies and he would consider that nonresponsive. He added he would hope there would be a range from high to low based upon the expertise of the firm performing the service. He said he would like to get some idea as to what that range is. He stated about three years ago staff was instructed to prepare an RFP for a County clinic and it was approved, but the contract never was executed. The only thing that would be left out of the scope is that staff is recommending a three-year contract plus two after that. If the Board decides that they want to take the clinic up again, there will be an extra cost to use the consultant. He said the cities of Oviedo and Sanford clinics are operating, and he would hope the Board would allow staff to try to work with an interlocal agreement with those cities to make some use of their clinics until the County decides whether or not they want to be up and running. He added he would like a representative from the city of Sanford to make a presentation on their clinic.
Commissioner Van Der Weide stated he feels that would be a great idea. He stated he is a little nervous about a three-year contract under the circumstances of what has taken place in the public in general.
Commissioner Henley stated he is reluctant in going with a five-year contract with this scope. He said he doesn’t want to pay a consultant to bring them up to date. He added he would love to see a one-year with renewables to keep these things current.
Chairman Carey stated the clinic is something that could be negotiated into the scope of service if the Board decides to look at it again. She reminded the Board that a one year contract will go by quickly. It is going to take some work to administer the prescription program; therefore, there may be some value doing it for two years with a couple of two year renewals.
Commissioner Van Der Weide stated he feels that three years is too much and he would like to see something less than that. The cities are moving in a different direction and there has to be a reason for that.
Andrea Herr, AGIS, addressed the Board to state there was no additional charge for the work done on the on-site clinic. There will be no additional charge in the consulting services for doing that again. She stated AGIS does not and has never charged an additional hourly rate for anything beyond the scope of service, as that is not the way the organization works. The only time the County will be charged for additional services is if the Board asked them to source something outside the realm of the agency.
Motion by Commissioner Horan, seconded by Commissioner Henley to direct staff to negotiate Contract RFP-601311-11, as shown on page ________, Employee Benefits Consultant to AGIS Florida Agency, LLC, Winter Park; and authorize the Purchasing and Contracts Division to execute the agreement, for a two-year term with a one-year renewal.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Henley requested that the representative from the city of Sanford brief the Board on what their plan consists of.
Chairman Carey stated she feels the prescription drug needs to be put in place and then staff can schedule a follow-up on the two cities’ clinics.
Commissioner Henley stated he would like to know the scope of the two city clinics before they enter into negotiations.
Upon inquiry by Chairman Carey, Randy Petitt, Human Resources Manager, addressed the Board to advise staff is about ready to finish the final contract with the consultant and then the RFP will be sent out around the end of March or the first part of April.
Commissioner Henley stated he just wants to know what the cities’ clinics consist of before he would instruct staff to do anything.
Chairman Carey stated at this point, the majority of the Board has decided not to move forward with the clinic. She stated they will go ahead and do the briefing and then decide where they want to go from there.
Commissioner Horan stated the one of the things that came before the Risk Management Committee was that there were going to be cities within the County that will take advantage of a clinic, and there may be opportunities for interlocal agreements in the future. He stated he has no problem taking up with the Risk Management Committee going through an interlocal agreement with the provider so the County employees can access those clinics.
Chairman Carey stated the School Board was looking at the clinic model and they could end up with a community-wide effort that may or may not be beneficial and that needs to be explored.
Request to approve the Agreement and Addendum (Item #18) with Florida Department of Transportation for a subsurface drainage easement in Sunland Park in exchange for a $500,000 contribution for planned improvements to the park was presented.
Chairman Carey pointed out that there are some beautiful old trees on this site as well as the one in the parking area. She stated she would like to make sure that they work around the oak trees and they are not taken down. She said she also wants to make sure that nothing happens with the stormwater that will affect the water quality in Lake Minnie. She added she was assured by staff that this should improve that, but she wants to be on the record saying that she is going to be looking at those particular things. A small baseball field is in that area as well and this new plan will take most of the open area. She stated fencing clubs and Civil War reenactment groups meet in that area, and she wants to make sure that all of the open area is not closed.
Upon inquiry by Commissioner Henley, Tad Stone, Public Safety Director, addressed the Board to advise no permanent structures will be built over the subsurface retention area. He stated staff’s intention is to not change the characteristic of the park but to renovate it.
Chairman Carey stated it has always been a park where the community played some type of sport there and the County is about to take a big portion of the open area and turn it into a ball field. The County probably can make it into a nice open area for lots of activities, such as soccer, baseball, softball, etc.
Mr. Stone stated the design that was drawn up was a conceptual design to try to leave the components that were there. The backstop and outfield of the ball field will be repositioned so that they will be facing into the park.
Chairman Carey stated the Board can approve this item so that staff can move forward with the DOT agreement, but she doesn’t want to approve the conceptual plan because the ball field will now take up the whole south end of the park. She recommended that staff, Commissioner Horan and she visit the site and then staff can come up with a new conceptual plan.
Upon inquiry by Commissioner Horan, Mr. Stone advised part of the funding will be used to have the design firm to come up with a design of what the end result will be.
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide to approve the Offer and Purchase Agreement and Addendum to the Purchase Agreement, as shown on page ________, with Florida Department of Transportation for a subsurface drainage easement in Sunland Park in exchange for a $500,000 contribution for planned improvements to the park; with an ultimate plan to be brought back to the Board for further discussion.
Districts 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ AGENDA
Motion by Commissioner Henley, seconded by Commissioner Horan to authorize and approve the following:
22. Approval of Expenditure Approval Lists, as shown on page _________, dated January 9, 17 & 23, 2012; approval of Payroll Approval Lists, as shown on page __________, dated January 5 & 19, 2012; approval of BCC Minutes dated January 10, 2012; noting, for information only, the following Clerk's "Received and Filed":
1. Change Orders #1, as shown on page ________, to Work Orders #18 and #19 for CC-2183-07.
2. First Amendment, as shown on page ________, to Bid-601196-11 Contract, Shoemaker Construction Co., Inc.
3. Work Order #4, as shown on page ________, to PS-5107-01.
4. Letter to County Commission Records, from Geraldine Harford, Tax Deed Clerk, regarding a Tax Deed that is being put on the list of lands available.
5. Recorded Conveyance of Temporary Construction Easement, as shown on page ________, dated September 19, 1996, between the city of Sanford and Seminole County which was re-recorded to show as a separate document.
6. Amendment #2, as shown on page ________, to Work Order #86 for PS-5120-02.
7. Work Orders #31, #32, #33, #34 and #35, as shown on page ________, to PS-4388-09.
8. Copy of letter to Ann Colby from David Shields regarding Allied Veterans of the World, Inc.: Affiliate 67, et al v. Seminole County, Florida.
9. Letter to Clerk to VAB from Sally Sheibenberger, Property Appraiser’s Office, regarding zoning changes and land use changes for January through December 31, 2011.
10. Closeout, as shown on page ________, of Work Order #9 to CC-2183-07.
11. Consummating Order from the Florida Public Service Commission regarding Docket No. 110270-EI, Florida Power & Light Company.
12. Notice of Proposed Agency Action Order Approving Acquisition Adjustment regarding Docket No. 110133-GU, Florida Public Utilities Company and Florida Division of Chesapeake Utilities Corporation.
13. Change Order #6, as shown on page ________, to CC-5682-10.
14. Work Orders #21 and #22, as shown on page ________, to PS-2564-07.
15. Development Orders, as shown on page ________, approved by the BOA for the following: Debbie Quisenberry, 7829 Fox Knoll Place; Virginia Miller and Betty Hampton, 3001 Kings Road; Charles Mullins, 4284 Tangerine Avenue; Mary C. Fox, 2884 Yonkers Court; Rene E. & Denise Baez, 1209 Cardinal Court; Ramona L. Pippin, 107 Tedworth Court; Jason W. Bowen & Edward Ellison, 2732 Tierra Circle; Joy & Edmond Henderson, 312 South Street; and Stephen W. Thornton, 996 Arden Street.
16. Work Order #14, as shown on page ________, to PS-2468-07.
17. Amendment #1, as shown on page ________, to Work Order #5 for PS-5187-05.
18. Change Order #1, as shown on page _________, to CC-7046-11.
19. Change Order #1, as shown on page _________, to Work Order #8 for CC-5075-11.
20. Closeout, as shown on page ________, of Work Order #10 to CC-5075-10.
21. Closeout, as shown on page ________, of CC-5094-09.
22. Executed original of LAP Agreement, as shown on page ________, with the State of Florida DOT for CR 46A (W. 25th Street) at Hartwell Avenue, as approved by the BCC on April 26, 2011.
23. Work Order #29, as shown on page ________, to PS-3914-08.
24. Work Order #11, as shown on page ________, to RFP-2574-07.
25. Amendment #5, as shown on page ________, to Work Order #10 for M-5004-09.
26. Copy of letter, as shown on page _________, to the BCC from Andy Brooks, ZHA, regarding Terry Lunsford Contract No. FMA-PJ-04-FL-2009-005.
27. Amendment #1, as shown on page ________, to Work Order #30 for PS-5190-05.
28. Amendment #3, as shown on page ________, to PS-1529-06.
29. Third Amendment, as shown on page ________, to PS-5190-05, CH2M Hill, Inc.
30. Parks Contracts, as shown on page ________, for Services with the following: Deborah McMillan; Peter Gillich; Stephan Dodd; Angel Marrero; John Fiorenza; Clyde Graham (Umpire); Dennis Harley; Donald McCoy; Danny Ousley; Joseph Santora; Jason Smith; James Stiles; Louis Villanueva; Bruce Weaver; John Thaens; Lynn Terito; Susan Dodd; Sheena Fosselius; Clyde Graham (Scorekeeper); Shayna Kott; David Mease, Jr.; and Mark Thaens.
31. Agreement RFP-601309-11, as shown on page ________, with Summit Broadband, Inc.
32. Bid 601276-11 Agreement, as shown on page ________, with Tampa Contract Floors, Inc.
33. Performance Bond No. 6702940, as shown on page ________, for ValleyCrest Landscape Maintenance, Inc. (RFP-600094-06) in the amount of $1,396,715.68.
34. Amendment #1, as shown on page ________, to Work Order #89 for PS-5120-02.
35. Work Order #92, as shown on page ________, to PS-5190-02.
36. Work Order #12, as shown on page ________, to RFP-2574-07.
37. Recorded Home Ownership Assistance Program Mortgage Deed, as shown on page ________, by Gloria Grayson dated Dec. 21, 2011.
38. Tennis Developmental Instructor Agreement, as shown on page ________, for Heather Walton.
39. Work Order #103, as shown on page ________, to PS-1074-06.
40. Agreement PS-6980-11, as shown on page ________, with Miller Legg & Associates, Inc., per approval by the BCC on Dec. 13, 2011.
41. Term Contract IFB-601251-11, as shown on page ________, with TNR Technical, Inc.
42. Utility Agreements, as shown on page ________, for water and sewer service with Lanesboro at Heathrow, LLC for the project known as Colonial Grand at Lake Mary Phase 2.
43. Customer Agreement, as shown on page ________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement, Lanesboro at Heathrow, LLC for the project known as Colonial Grand at Lake Mary Phase 2.
44. Bill of Sale, as shown on page ________, accepting Off-site Sewer System for the project known as Millennium Rowing Association.
45. Amendment #4, as shown on page ________, to IFB-600537-08.
46. Amendment #1, as shown on page ________, to Work Order #12 to PS-5438-10.
47. Amendment #2, as shown on page ________, to Work Order #3 to PS-2564-07.
48. Change Order #1, as shown on page ________, to CC-6783-11.
49. Amendment #1, as shown on page ________, to Work Order #24 to PS-3914-08.
50. Order Suspending Proposed Final Rates and Approving Interim Rates from the Florida Public Service Commission re: increase in water and wastewater rates by Sanlando Utilities Corp.
51. Amendment #1, as shown on page ________, to PS-5160-04.
52. Amendment #1, as shown on page ________, to PS-1905-07.
53. Amendment #1, as shown on page ________, to PS-2468-07.
54. Bids as follows: PS-7397-11; IFB-601339-12; RFP-601323-11; RFP-601309-11; and RFP-601322-11.
Districts 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize and approve the following:
23. Approval to expend $25,000 from the Law Enforcement Trust Fund to provide for a contribution to the Central Florida Council, Boy Scouts of America.
24. Approval to expend $2,000 from the Law Enforcement Trust Fund to provide a contribution to the Foundation for Seminole County Public Schools in support of a bullying prevention program.
Districts 2, 3, 4 and 5 voted AYE.
Chairman Carey stated that the Board was very sad to hear about the passing of Mike Barr who was the head person for Keep Seminole Beautiful, and there is a memorial service coming up for him. She stated Mr. Barr has done a lot to improve the quality of the County’s environment.
Brian Walker, Growth Management, addressed the Board to present request for a Special Event Permit for the Wekiva Wilderness Trust and Keep Seminole Beautiful at Wekiva Island, located at 1014 Miami Springs Drive, from March 4, 2012 through March 18, 2012, The Wekiva Green Camp, LLC. He stated the purpose of the event is to allow a fundraiser for the Wekiva Wilderness Trust and Keep Seminole Beautiful. The event will involve artist painting and the sale of art work. He reviewed the number of attendees that are expected and the provisions for on-site parking, sanitation, traffic control and security. He stated staff recommends approval of the request subject to the conditions outlined in the staff report.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve a Special Event Permit for the Wekiva Wilderness Trust and Keep Seminole Beautiful at Wekiva Island, located at 1014 Miami Springs Drive, from March 4, 2012 through March 18, 2012, The Wekiva Green Camp, LLC.
Districts 2, 3, 4 and 5 voted AYE.
Joy Williams, Growth Management, addressed the Board to present request for an Entertainment Permit for the Colonial Townpark outdoor concert on February 18, 2012, on property located at 1135 Townpark Avenue, Susan Case. She reviewed the number of attendees that are expected and stated the request complies with all the requirements per Chapter 185 of the Seminole County Code for outdoor festivals. She stated staff recommends approval of the request based on the conditions outlined in the agenda memorandum. She requested that the staff report be made part of the record.
District Commissioner Carey recommended approval of the request subject to staff conditions.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve an Entertainment Permit for the Colonial Townpark outdoor concert on February 18, 2012, on property located at 1135 Townpark Avenue, Susan Case, subject to staff conditions.
Districts 2, 3, 4 and 5 voted AYE.
Bill McDermott, Economic Development, addressed the Board to request approval of the Resolution recommending that Pershing LLC be approved as a Qualified Target Industry (QTI) Business; and approval of an appropriation of $106,400 as local participation in the QTI tax program. He stated the applicant will be adding 133 positions over the next two years, and that will bring their total employment to 853 positions. Staff recommends approval of the request.
Brendon Sullivan, Pershing LLC, addressed the Board to answer questions for Commissioners Horan and Henley.
District Commissioner Carey recommended approval of the request.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2012-R-50, as shown on page _________, recommending that Pershing LLC be approved as a Qualified Target Industry (QTI) Business; and approval of an appropriation of $106,400 as local participation in the QTI tax program.
Districts 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S AND STAFF’S BRIEFINGS
Upon inquiry by Chairman Carey, Sabrina O’Bryan, Fiscal Services, addressed the Board to advise that a specialist in the Fiscal Services Department is reviewing SB 1076. She stated the Legislature is also proposing some changes in the way that communication service tax is collected. It is a taxable item today and they are looking at things that are downloadable and, perhaps, not being a taxable item.
Ms. O’Bryan stated she distributed a weekly legislative update (not received and filed) to the Board on Friday and there are not a lot of changes to that update. The Senate version of the budget was filed at $70.7 billion, which is slightly larger than the House budget. They will go into a conference to resolve those issues. Staff will follow up on the details of the line items with the Board later in the week. She referred SB 7094 and stated the department is looking at reclaiming or recouping previous billings for Medicaid cost shares for Florida counties. The estimate for Seminole County is $3.5 million. That figure has not been verified, but the Community Services Department is looking at the monthly invoices compared to the monthly amount that have been paid.
Ms. O’Bryan explained the Legislature is proposing a couple of things where the County may have concerns. One is they would like to be able to go back over four years to recoup those costs. They are considering forgiving approximately 15% of the previously owed billings due primarily to the fact that they had a computer data base that was not tracking exactly as they would have hoped during that period. In moving forward in the new proposal, rather than issuing bills to the counties, they would like to withhold that distribution from the County’s ½-cent sales tax in advance. Then, they would send the County an invoice for what has been withheld. The County would have an opportunity to dispute whether or not the Medicaid recipient was a Seminole County resident. Florida Association of Counties (FACo) is following this issue closely. This will go before the Budget Committee later this week (February 16). Seminole County has two local delegation members (Representative Hays and Senator Simmons) that sit on that committee and, if there is a message, they need to get that message to them soon.
Chairman Carey stated the Board will make sure that they reach out to both members.
Upon inquiry by Commissioner Horan, Ms. O’Bryan advised that FACo and members of other counties are feeling a little more comfortable that the current billing system that is in place may be performing better than the one they had three or four years ago. She stated Community Services staff does not have a very comfortable feeling at this point.
Ms. O’Bryan stated staff thought that the Department of Health reorganization proposed bill was going away. The House bill passed, but the Governor indicated that he didn’t see the benefit of reorganizing that department and transferring the County Health Department employees to local county governments and have them burden the cost of running that department. An amendment to that bill (SB 1263) was filed yesterday by Representative Hudson. That bill would still establish that the local counties will provide health care through the county health departments. They are still proposing that the State employees become employees of Seminole County. The County Health Department’s budget is approximately $13 million, and they currently have 170 positions that receive benefits and 45 additional part-time employees that do not receive benefits.
Ms. O’Bryan stated the second thing that concerns staff is the Legislature is proposing a State block grant for the County public health pieces of that but that will not cover the employee costs that are going up. She pointed out the Florida Association of Counties has not taken a position on this issue. They met with their Executive Committee late last week and they are now opposing this part. Ms. O’Bryan stated SB 1824 (presented by Senator Garcia) is the one that will most likely align with this and it has been referred to the committees but has not been scheduled yet. The first committee of reference is health regulation.
Upon inquiry by Chairman Carey, Ms. O’Bryan advised this bill will closely align with transferring the responsibility of the State Health Department to Seminole County, but the other proposed bills may be changes as to how onsite sewer or other functions are handled by the County Health Department. Staff feels that this bill will line up with HB 1263.
Commissioner Horan stated the fact that this movement doesn’t emanate from the local governments, but from the desire of one lawmaker to radically restructure a major public health structure in the middle of session, without it being vetted or any kind of emanation from the local governments, is absolutely abominable. That is something that should be vetted and should come out of the local governments in terms of what the needs of constituents are and that doesn’t seem to be happening.
Upon inquiry by Chairman Carey, Ms. O’Bryan advised she can provide what the total budget is for the State to run the Health Departments.
Chairman Carey stated they are basically shifting the responsibility of providing public health. The Health Department deals with a lot of critical issues and the State shouldn’t shirk their responsibility by giving it to local governments. She stated she feels that the BCC and everyone in the County need to reach out and get a message to the elected officials in Tallahassee, as this is not good policy making; it is just passing the buck to local governments. She added she feels that critical things need to be posted on the County’s website so the public will know what is going on.
Ms. O’Bryan stated staff could draft a letter similar to Leon County where they have reached out letting the Delegation know that they are not in support of HB 1263. She stated Leon County took the approach of recapping some of the local governments’ fiscal challenges that they have addressed since 2008. Staff can propose a similar letter and forward it to the local delegation. The Board voiced no objections.
Ms. O’Bryan informed Chairman Carey that the total Florida County Health Departments budget is $854 million. It is funded partly through fees that they generate from the local Health Department permits. She stated 70% of the clients are below 100% of poverty. It is on a sliding scale, generally through fees, but not entirely. She said she is not sure how much of that comes from the State.
Chairman Carey stated she feels the public needs to be aware of this as they are going to have to be the recipients of the tax millage that will have to pay for this.
Commissioner Horan stated he believes the weekly FACo legislative briefings post some of the information on their website. He stated they should do this over a two- or three-year period and not do it by introducing it in the middle of a session.
Ms. O’Bryan stated she believes the Florida Association of Counties wants to move forward by working with the House and make a determination as to whether there are good pieces of this bill that could be beneficial to the community. They also want to get a better understanding of how the proposed Block Grant Program would work.
Commissioner Henley stated the Board could ask their lobbyist to speak on this issue, but the most effective way is to consider having someone from the BCC go face-to-face with the elected officials in Tallahassee to give their input on this.
Chairman Carey stated she feels a trip to Tallahassee would be appropriate and they can also include a group of citizens who are good community leaders to address the issues. She stated she will meet with Mr. Hartmann to discuss that.
Commissioner Henley stated he received an e-mail (received and filed) from LYNX dealing with a Federal Legislation proposal on transit funding. He stated this is something that their Federal Lobbyist may need to review. He stated they are looking at a $22 million reduction to LYNX out of federal revenues, and if that goes, they will be asking the County to replenish it or the routes throughout this region will have to be cut.
Chairman Carey stated this is something that the Board could prepare a letter to send to the Federal representatives under her signature as well as Commissioner Henley’s as the Chairman of LYNX. Ms. O’Bryan stated staff can prepare same.
Chairman Carey stated the work session (Lake Jesup Update) scheduled for today has been moved to the February 28, 2012 meeting so they could have a full Board in attendance.
Chairman Carey recessed the meeting at 10:45 a.m., reconvening at 1:32 p.m. with all Commissioners and all other Officials with the exception of Commissioner Dick Van Der Weide, who was absent, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Henley, seconded by Commissioner Horan, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 2, 4 and 5 voted AYE.
Chairman Carey advised that Commissioner Van Der Weide would not be present this afternoon and Commissioner Dallari is in Washington, D.C., representing the Board at the National Planning Conference.
Trademark Metals Recycling, LLC
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution designating the property located at 3301 West SR 46, Sanford, Florida, and owned by Trademark Metals Recycling as a Brownfield Area, Trademark Metals Recycling, LLC, received and filed.
Nicole Guillet, Growth Management Director, addressed the Board to present the request, stating that the property owner, Trademark Metals Recycling, wants to be designated as a Brownfield Area because there are some financial assistance opportunities through the State’s Brownfield program. There is the requirement that the local government pass a resolution designating the area as a Brownfield Area. The first public hearing was held on November 21, 2011; and today is the second public hearing. She said staff is recommending the Board adopt the Resolution giving the Brownfield designation.
No one spoke in support or in opposition.
District Commissioner Carey recommended approval of the Resolution.
Motion by Commissioner Horan, seconded by Commissioner Henley, to approve and authorize the Chairman to execute the appropriate Resolution #2012-R-51, as shown on page _______, designating the property located at 3301 West SR 46, Sanford, Florida, as a Brownfield Area; as described in the proof of publication, Trademark Metals Recycling, LLC.
Districts 2, 4 and 5 voted AYE.
Public Right-of-Way Vacate and abandon/
Donald and Audrey Ograyensek
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution to vacate and abandon a portion of the unimproved public right-of-way known as that part of the 20-foot wide alley lying north of and contiguous to the north line of Lots 9 and 10, Block 70, and south of Lots 7 and 8, Block 70, Townsite of North Chuluota, according to the Plat thereof, as recorded in Plat Book 2, Pages 54 through 58, of the Public Records of Seminole County, Florida; Donald and Audrey Ograyensek, received and filed.
Alan Willis, Planning & Development, addressed the Board to present the request, stating the applicants own the properties north and south of the subject alley and want to combine the properties for a garage, which is an accessory structure. This portion of the alleyway is currently uncut and is not needed for public access. He stated District Commissioner Dallari has indicated his support for the request and asked staff to take a look at the area and insure that any future vacate request does not interfere with future road expansion or other public access needs. Mr. Willis said staff is recommending approval of the request and asks that the staff report be made a part of the record.
Upon request of the Chairman, the applicant indicated she did not wish to speak.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt and authorize the Chairman to execute the appropriate Resolution #2012-R-52, as shown on page _______, vacating and abandoning a portion of the unimproved public right-of-way known as that part of the 20-foot wide alley lying north of and contiguous to the north line of Lots 9 and 10, Block 70, and south of Lots 7 and 8, Block 70, Townsite of North Chuluota, according to the Plat thereof, as recorded in Plat Book 2, Pages 54 through 58, of the Public Records of Seminole County, Florida; as described in the proof of publication, Donald and Audrey Ograyensek.
Districts 2, 4 and 5 voted AYE.
Property Surplus/Property Exchange/
Samy Realty, LLC
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution and approval of Seminole County/Samy Realty, LLC, Joint Facilitation of Public Infrastructure Agreement, Drainage and Retention Pond Easement and County Deed with Samy Realty, LLC for Parcel #32-19-30-501-0000-005B; Samy Realty, LLC, received and filed.
Chairman Carey stated this item was identified this morning as not requiring a public hearing, but it is a standard agenda item.
Meloney Lung, Central Services Director, addressed the Board to present the request, stating Samy Realty, LLC and their representatives approached staff with the possibility of acquiring a .68-acre drainage and retention pond that is adjacent to Evolution Auto. She displayed an aerial photo (received and filed) and pointed out the current location of the County retention pond and where it is to be relocated. The acquisition of this County-owned property would provide for future expansion of the dealership. She said $31,200 is the purchase price agreed upon. Samy Realty agreed to relocate the retention pond to the alternative location and the pond would serve both the County and Evolution Auto. The County will require a continued use of the existing pond for drainage and retention until such time that Samy Realty constructs the alternative pond site at their own expense. Staff has reviewed the design calculations and determined that the alternative site is adequate to take the drainage retention that is currently being retained on the existing County retention pond. Additionally, the County would have an easement for access. The surplus and exchange for real property is in accordance with Section 125.37, Florida Statutes. Staff is recommending Board approval and execution of the documents and acceptance of the easement.
District Commissioner Carey recommended approval of the request.
Motion by Commissioner Horan, seconded by Commissioner Henley, to approve and authorize the Chairman to execute appropriate Resolution #2012-R-53, as shown on page _______, providing for exchange of an existing County Stormwater Retention Pond; Seminole County/Samy Realty, LLC, Joint Facilitation of Public Infrastructure Agreement, as shown on page _______; and County Deed with Samy Realty, LLC, as shown on page __________, for Parcel #32-19-30-501-0000-005B; and acceptance of the Drainage and Retention Pond Easement, as shown on page _______; as described in the proof of publication, Samy Realty, LLC.
Districts 2, 4 and 5 voted AYE.
ORDINANCE AMENDING Land Development
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance amending the Seminole County Land Development Code to establish a local exemption to certain provisions of general law and agency rules relating to public food service establishments in order to permit patrons’ dogs in certain designated outdoor dining areas of such establishments, aka the "Dog Friendly Dining Program”; Seminole County, received and filed.
Ms. Guillet presented the request, stating Florida State law prohibits any animals other than service animals within restaurants; however, in 2006, the Florida Legislature passed a law providing for local exemption strictly for dogs. Dogs cannot be inside restaurants and must be limited to outdoor dining areas. She said there are also a number of food safety and sanitation-related regulations included in the ordinance that must be complied with as conditions to the permit. There is no fee at this time, and staff is not proposing that at this time. They can come back and request a fee. They would like to see how the program operates before establishing a fee for it. She advised that the Planning and Zoning Commission recommended approval, and staff is recommending Board adoption of the Ordinance.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt and authorize the Chairman to execute Ordinance #2012-1, as shown on page _______, amending the Seminole County Land Development Code to establish a local exemption to certain provisions of general law and agency rules relating to public food service establishments in order to permit patrons’ dogs in certain designated outdoor dining areas of such establishments, aka the "Dog Friendly Dining Program”; as described in the proof of publication, Seminole County.
Districts 2, 4 and 5 voted AYE.
Chairman Carey discussed the Board’s calendar dates for the remainder of the year. For the months of July, November and December, she suggested the Board meet on July 24, November 13 and December 11, 2012. The consensus of the Board was to establish those dates for the months indicated.
Chairman Carey said CALNO has recommended John Maingot to serve on the Tourist Development Council; however, this has to be approved by the BCC.
Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt appropriate Resolution #2012-R-54, as shown on page _______, to appoint John Maingot to the Tourist Development Council.
Districts 2, 4 and 5 voted AYE.
Chairman Carey reported that yesterday was the first Wellness launch event and over 200 employees attended. She thanked Commissioner Horan who attended, as well as Mr. Hartmann and Mr. Applegate. She stated 159 people registered for the program. The second launch event is tomorrow in the County Services Building, and there are already over 150 reservations. They feel there will be others signing up for the program who were unable to attend the launch events. She thinks it’s really great that they started this Wellness Program and, as a result, they have now about 300 employees participating. She congratulated the staff for a program well done. She commended Mandy Nice, who did a great job in her presentation yesterday.
Chairman Carey advised that she will be issuing the State of the County address at noon time on Thursday at the Lake Mary Marriott. She thanked all those who participated in the videos that will be a part of that.
Chairman Carey announced that February is Black History Month and this year’s theme is “Black Women in American Culture and History” honoring African-American women and the roles they have played in shaping the nation. She said there is a link on the County’s web site for this event that talks about Black History Month and the President’s Proclamation.
Chairman Carey stated that today is Valentine’s Day and, because of the Wellness Program, she is giving her colleagues a heart-shaped dark chocolate. She wished everyone a Happy Valentine’s Day.
Chairman Carey reminded everyone that Monday, February 20, is Presidents’ Day.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were “received and filed”:
1. Memorandum dated December 5, 2011 to the Board of County Commissioners from Missy McDermont, St. Johns River Water Management District, re: 2012 Governing Board Meeting Schedule.
2. Letter dated January 20, 2012 to Chairman Brenda Carey from James Stansbury, Regional Planning Administrator for the Florida Department of Economic Opportunity, re: review of Comprehensive Plan Amendment (11-1ESR).
3. Letter dated January 20, 2012 to Chairman Brenda Carey from James Stansbury, Regional Planning Administrator for the Florida Department of Economic Opportunity, re: review of Comprehensive Plan Amendment (12-1ESR).
4. Copies of letters dated January 24, 2012 to Seminole County’s Federal Delegation and Members of the Postal Service Oversight Committee from the Seminole County Board of County Commissioners re: the Mid Florida Processing and Distribution Center.
5. Copies of letters dated January 24, 2012 to Seminole County’s Federal Delegation and Members of the Postal Service Oversight Committee from Chairman Brenda Carey, Mayor David Mealor, and Mayor Jeff Triplett re: the Mid Florida Processing and Distribution Center.
6. Copy of letter dated January 24, 2012 to David Vela, Southeast Regional Director, National Parks Service, from Chairman Brenda Carey re: appointments to the Wekiva River System Advisory Management Committee.
7. Letter received January 25, 2012 to Chairman Brenda Carey from Ms. Emily Williams re: insufficient work performed by Corinthian Builders.
8. Copy of letter dated January 25, 2012 to Senator Steve Oelrich from the Alachua County Board of County Commissioners re: Opposition to Legislation that Erodes Local Government Home Rule.
9. Letter dated January 26, 2012 to Chairman Brenda Carey from Cynthia Porter, Deputy City Clerk, City of Sanford, re: representation on the Mayors and Managers Council, TDC, and Envision Seminole.
10. Letter dated January 26, 2012 to Chairman Brenda Carey from Cynthia Porter, Deputy City Clerk, City of Sanford, re: representation on the 17/92 RPA.
11. Letter dated January 26, 2012 to Chairman Brenda Carey from Cynthia Porter, Deputy City Clerk, City of Sanford, re: representation on the Seminole County Expressway Authority.
12. Letter dated January 26, 2012 to Chairman Brenda Carey (Consortium Members) from Mayor Teresa Jacobs, Orange County, re: Joint Meeting of Consortium and Workforce Central Florida Board.
13. Letters dated February 2, 2012 to Chairman Brenda Carey from David Johnson, Seminole County Property Appraiser, re: projected decline in revenues for 2012.
14. Letter dated February 6, 2012 to Chairman Brenda Carey from Erin O’Donnell, CMC, City Clerk, Altamonte Springs, re: Voluntary Annexation of Properties Contiguous to Altamonte Springs.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Horan stated on February 3 he attended for Commissioner Henley the Congress of Regional Leaders meeting. He said the Congress is planning for a meeting of all elected officials within the regional area after the Legislative Session, which will probably be in March or April. This will be for review of the Legislative Session and some of the initiatives the Congress has recently completed. Also, the Congress is sponsoring an event on March 20 and 21 entitled “Moving Ideas to Results” to be held at Mission Inn. He reported that there is an a la carte offering to attend the Wednesday session for $100 and for an extra $25, you can attend the Thursday session. The topic primarily will be moving the recent ideas that have resulted from the Open for Business initiatives.
Chairman Carey reminded the Board that she did send a letter to Jacob Stewart advising that the Commissioners would not be in attendance because of the way they laid out the meetings. She said if someone wants to go for a day or something like that, they could; but she is sure they will get the report about what happened.
Commissioner Horan continued that the final report for the Open for Business initiative has been issued and they received a report on those recommendations. The report has been published. He said there is a really good report on the three areas of concentration for this initiative, which are streamlining, permitting and licensing procedures; recommendations on access to capital; and recommendations on transactional fees and how they affect development and business operations. Those recommendations are going to be implemented through a plan that was represented at the meeting. Further, he said the Congress has meetings with the legislators scheduled for February 22 and 23, primarily with Representative Chris Dorworth and Senator Andy Gardiner. It is expected that several other legislative delegate leaders will be present at that time. He said this might be a good opportunity for the “face time” with the legislators that the Board talked about earlier.
Commissioner Horan said he also attended, as the County’s representative, the meeting of the Transportation Disabled Local Coordinating Board of MetroPlan. He reported that there has been a significant turnaround in performance for the two paratransit contractors, and the two new providers are now performing up to a standard that seems to be acceptable under the contract.
Commissioner Horan reported, for the Board’s consideration, an idea for an ordinance requiring that stickers be posted on gas pumps at large gas stations/convenience stores that contain the phone numbers of the convenience stores. The idea is that a disabled person who needs assistance can call the number for assistance. He said this particular ordinance appears to work quite well, and it has been endorsed by the paratransit and disabled community. He stated he would pass on that information to the County Attorney.
Commissioner Horan stated he has communicated with a lot of people from Casselberry and met with one of the public officials about their annexation procedures. Apparently, people outside the city who are receiving water service from the city of Casselberry are required, upon a change of title, to sign a consent to annexation. It appears there is some legal reason to make sure everyone is treated the same way. He said he asked the Casselberry officials what their plan is for annexation, and why do the County Commissioners keep getting emails from people if there is no plan for annexation in the area. He asked the County Manager, through the Growth Management Department, to take a look at the city of Casselberry’s plans with their staff. If they don’t have a particular plan, then they should no longer implement this process of requiring consents to annexation. He said there is no sense in creating a lot of useless anxiety among the people.
Chairman Carey said the Board talked about this a couple of years ago before Commissioner Horan was on the Board, and this really isn’t voluntary annexation. It happens whenever there is a transfer of title and the City is creating a lot of enclaves potentially, and they are not supposed to be doing that. If people choose not to annex into the City and pay the surcharge, that should be their choice. She said she is all for voluntary annexation, but not for the City to demand it.
Commissioner Henley said this has been an issue ever since he has been on the Board. He discussed the background history of the City’s plan at one time to annex from SR 436 all the way to the Orange County line. The vote at that time was 150 to 0 to not annex, and since then the City has tried to do this piecemeal approach. He said the City is really trying to build their budget on annexations. He said several years ago, an attorney explained that a lot of this is being misinterpreted.
Chairman Carey stated that there is a Memorandum of Understanding of where the utility service areas are and who is going to provide it. She explained what happened in her district in the area of SR 415 going east towards Volusia County and the city of Sanford. She said there is probably an agreement with the city of Casselberry for a service area that says they will provide the service to those citizens; but if they don’t want to do it, the County just needs to know so they can look at providing future needs there.
Commissioner Horan said there is a Memorandum of Understanding on the utility areas and it doesn’t appear to address annexation at all, and that is why he suggested the staffs meet together and do something that makes sense.
Chairman Carey said they definitely need to look at that and have an intelligent discussion with Casselberry.
Commissioner Horan said he has been getting a lot of positive feedback from residents on the school issues. He thinks the work session held with the School Board last week was very beneficial for the School Board and the County. It appears it was well received by those communicating with him from his district.
Chairman Carey said she wants to make sure that, when they have the next meeting scheduled for April 3, everybody is prepared to come forward with dollars and cents associated with recommendations so they can make some decisions.
Chairman Carey said regarding the Congress of Regional Leaders going to see the legislators on February 22 and 23, she believes the Board needs a strategy for the County Commissioners to go. She thinks this needs to be one on one; the County has its own issues and don’t need to be tied in with any group. They don’t want to be there when the Florida Association of Counties is there, but they do need to do this timely. She said she will draft a memo and check the calendar to see who can participate on particular days.
Regarding Commissioner Horan’s comments about the Paratransit Program, Commissioner Henley said LYNX saved a considerable amount of money when they rebid those. One of the providers had very much difficulty in getting started, and he and Mr. Lewis took a hard-nose approach to getting things straightened out. There is an extremely high percent now being met on time.
Chairman Carey said paratransit has continually been an issue, and it is a difficult thing to do. She said, unfortunately, it is impossible to solve everybody’s problem. Discussion continued.
Commissioner Henley said a gentleman, Mr. Birdoff, representing a firm from New York has come to visit him on a couple of occasions about property on the SR 436 and 17-92 corner. He has accumulated about 38 acres that he has put together. Commissioner Henley said he thinks it’s about time for all the Commissioners to know about this. He had staff to display an aerial photo (received and filed) of the property depicting the Kimco Parcel, Jai-Alai Parcel, Vacant Parcel and Lowe’s Parcel. He said the summary (not received and filed) provided is the analysis the gentleman paid to have done of the types of uses that would fit into the property when he master planned it, as well as the impact of the overpass in the area. Commissioner Henley said the gentleman is interested in acquiring the shopping plaza off Fernwood Boulevard and Oxford Road, and he was interested in knowing what the County was going to do in regards to Oxford Road. The gentleman has indicated interest in helping the County if they are going to widen Oxford Road and connect it to 17-92; and he would be willing to work with the County to create an area retention pond behind Lowe’s.
Chairman Carey said she would love to have County staff look at the area and talk about partnering with him on Oxford Road to make some improvements.
Further, Commissioner Henley said the firm owns the Jai-Alai Fronton, but Mr. Birdoff said he is not into gambling and he would be willing to tear that down as they master plan this whole area. The problem he has is with the laws regarding the gambling license. Commissioner Henley said he asked Mr. Applegate to look into those laws, because the gambling license is site specific. Mr. Birdoff is interested in trying to be able to relocate that business. Commissioner Henley has asked Mr. Applegate to make some suggestions. If the County can help get permission to move the license somewhere else in the State, that would help them to convert this into a large commercial development.
Mr. Applegate stated the only way the holder of a license can transfer it outside the county where it exists would be to have an amendment to Chapter 550, Florida Statutes. To move it to another county would require approvals of the county, the Comprehensive Plan, zoning, Department of Business Regulation and the voters of that county. He and David Shields reviewed the statute and drafted what they view as a reasonable amendment to the statute if the Legislature decides to pursue that.
Commissioner Henley asked if the Board thought they should weigh in on this to try to get it done and, if so, what is the timing. He said it’s late in the system to try to get something added on, but they may want to begin trying to work with their Legislative Delegation. To him, that would be a tremendous improvement for creating a commercial area in that location. He stated Mr. Birdoff said he would be willing to go with an 80,000 square foot indoor sports facility and he indicated a convention center, which the Board showed interest in a few years ago. If the Board is willing, he thinks they need to develop some strategy to try to work with Mr. Birdoff and others to see if they can get a transfer of the gambling license.
Chairman Carey said she thinks it would be reasonable to ask the staff to meet with Mr. Birdoff, look at his plans and whatever master plan he has developed. Mr. Applegate can look further into the transfer of the gambling license. Then they can look at the possibility of partnering with him to do the Oxford Road expansion. She asked Ms. Guillet to make sure her staff reaches out to Mr. Birdoff and gets the information from Commissioner Henley.
Ms. Guillet stated staff has also been talking with the city of Casselberry and has met with the representative of the owner a couple of times.
Mr. Applegate stated, with the Board’s permission, he will work with Ms. O’Bryan, Ms. Dietrich and the County’s lobbyist to determine the right bill to see if they can get this attached as a possible amendment to the statute.
Chairman Carey asked that staff be careful to not ask that an attachment is put on an ordinance that the County would not typically support for gambling.
County Attorney’s Report
Mr. Applegate thanked his staff members, Kathy Furey-Tran and Melissa Clarke, for all their work with the public hearings as well as the Growth Management staff. He said it has been a pleasure working with the Growth Management staff on the items every week.
Mr. Applegate said they were advised yesterday and today that there is a closing involving a couple of the citizens on East Lake Mary Boulevard, and it was discovered that a County Deed that was part of the settlement of a condemnation case in 2002 had a scrivener’s error. He has provided the Board with the backup (copy received and filed) for the revised, new County Deed. He asked the Board to authorize the Chairman to execute a Corrective Deed to the original County Deed recorded in Official Record Book 4360, Page 0894, which will correct the scrivener’s error as shown.
Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize the Chairman to execute the Corrective County Deed, as shown on page _______, to the original County Deed recorded in Official Record Book 4360, Page 0894, between Seminole County and Helen Howland Holdings, Inc.
Districts 2, 4 and 5 voted AYE.
Items for future Agenda
Michael Yingling, 7640 S. Four Oaks Drive, addressed the Board to state in 2007 he became very ill and was in the hospital for a month and a half. When he was released, his bills were so bad that he ended up losing his home that he had lived in from approximately 1974 or 1975 until 2007. He explained that after he moved out of the house, he was advised shortly afterwards that there was a code violation; and he passed that along to Bank of America and the people involved. The code violation was never handled by them. He said although they did get the pool, backyard and fence secured, this is an area where bears go through and they knock the fence over from time to time. The fine is now at $303,000. He asked the Board to try to reduce that to some reasonable amount or administration fees. He would like that done as soon as possible because there is a new person who wants to purchase the home, and there is a contract now ready to be signed. They were to close on it the first of this month and the lien came up. He said the contract is for $85,000 and it’s ready to go. He asked the Board to help him help get this contract through and lower the lien to something they can afford.
Upon inquiry by Chairman Carey, Ms. Guillet stated Mr. Yingling did make an application this afternoon for the lien reduction. She said it doesn’t appear that there is a copy of the purchase contract included, but staff has not had the opportunity to review it fully.
Chairman Carey said the Board needs the proper documentation. She asked Ms. Guillet if she could get this item on the next Board agenda, as the District Commissioner is not present today as well. She explained this is not the normal practice, and she doesn’t want to set a precedent for people to come in at the eleventh hour and ask for these kinds of things. She noted that the Board has not been very wavering in these situations where the banks have gotten title to the properties. She said she is assuming that since Mr. Yingling is trying to sell the house, the bank still doesn’t have the title.
Upon inquiry by Chairman Carey, Mr. Yingling said his name is still on the deed for the property. In 2007, they filed papers for foreclosure three different times and each time they came to the court and it was postponed. His attorney advised him to file for bankruptcy, and it went through. He said to this date, the property still has not been foreclosed on. The problem is if they can’t get something done by the end of this week or so, the bank is going to pull the plug on the whole deal.
Chairman Carey advised Mr. Yingling to let the bank know that he made the application today with the County and the Board can hear this at the next meeting on February 28, and this is very fast tracking to get it through the process. She said the bank may want to attend the meeting as well. She reiterated that she does not want to set a precedent by taking action today. She stated Mr. Yingling needs to let everybody know that he needs to extend the closing past the February 28 date in order to get this item taken up for consideration by the Board.
John Casselberry addressed the Board to discuss the number of foreclosures for Orange County and Seminole County. He said it doesn’t sound like Seminole County is doing a whole lot better than Orange County, but he couldn’t get the real numbers from the Clerk’s Office over the phone. He still thinks the County needs to get out of ad valorem taxes, and he had asked the Board to talk to the Legislature about a service tax as a substitute for ad valorem. He said he thinks the Legislature may not want to experiment that large with getting rid of ad valorem statewide, although he thinks that was done during the Depression for awhile. He thinks the Board should ask the Legislature if they can do a local option for a service tax as a substitution for ad valorem tax, and let the voters in Seminole County decide what they want to pay.
Also, Mr. Casselberry said he did some research over the last few months and the Wekiva Parkway was getting approved way out in the woods. He never stopped looking for a shorter way to do the same thing. He was looking at maybe SR 434, I-4 southwest connection into Maitland Parkway that would connect with the Western Beltway. Whereupon Chairman Carey said that is being built now; Maitland Boulevard now connects to 417. However, Mr. Casselberry asked how someone could get here from there. He said he saw on an aerial a Progress Energy or some electrical high wire, and the city of Casselberry has already converted one of those into a two-lane road that is wide enough for four lanes. It looks like somewhere around Center Street you could go southwest along the right-of-way and connect that. For that reason, he thinks the Board should ask the Legislature to reactivate the Seminole County Expressway Authority. Chairman Carey said they are working on that. She thanked Mr. Casselberry for his comments.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:00 p.m., this same date.