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.
Present:
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
Absent:
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.
PUBLIC PARTICIPATION
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.
Central Services
Business Office
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
Services
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.
Fiscal Services
Business Office
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.
Budget Division
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.
Public Works
Engineering Division
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.
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Chairman Carey advised that Commissioner
Dallari is out of town at the National Association of Regional Planning Council
meeting.
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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.
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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:
CLERK’S OFFICE
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.
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Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize and
approve the following:
SHERIFF’S OFFICE
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.
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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.
REGULAR
AGENDA
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.
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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.
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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
LEGISLATIVE UPDATE
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.
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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.
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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.
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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.
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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.
PUBLIC
HEARINGS
BROWNFIELD
DESIGNATION/
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
CODE/Seminole
County
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’s Report
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:00 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/cc