BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JUNE 26, 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, June 26, 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 Bob Dallari (District 1)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District 3)
Clerk of Circuit Court Maryanne Morse
Deputy County Manager Joe Forte
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Deputy Clerk Carylon Cohen
Pastor Dale Hardy, Lighthouse Baptist Church, Sanford, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt appropriate Resolution #2012-R-116, as shown on page _______, recognizing Carylon Cohen for more than 25 years of dedication and service to Seminole County Government and its citizens, upon her retirement from the Clerk’s Office.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Carylon Cohen, who addressed the Board to express her appreciation.
Noranne Downs, Florida Department of Transportation (FDOT) District 5 Secretary, addressed the Board to thank them for their support over the years and presented each Board member with a plaque in appreciation.
Secretary Downs presented an update on SunRail and began a Powerpoint presentation (copy received and filed) showing the SunRail System Map from Deland to Poinciana detailing Phase I (Debary to Sand Lake Road), Phase II North (Debary to Deland), Phase III South (Sand Lake Road to Poinciana) and the hours of service.
A video clip was then shown of the Groundbreaking Ceremonies held on January 27, 2012 with comments from several officials including FDOT Secretaries Ananth Prasad and Noranne Downs, Congresswoman Corrine Brown, Congressman John Mica, Orlando Mayor Buddy Dyer, and Orange County Mayor Teresa Jacobs. Secretary Downs advised that they are still on time and still on budget.
She continued the Powerpoint presentation which included the following: Locomotives/Coaches/Cab Cars; Fare Collection Systems and Public Involvement; Business Development and Marketing Services; Design, Build and Maintenance (DBM) of SunRail corridor; Station Finishes Contracts; Operations and Maintenance; and Track Work and Signal Work.
Tawny Olore, FDOT Project Manager for SunRail, addressed the Board to continue the presentation. Ms. Olore reviewed the following topics: Clearing & Grubbing Operations; Preparing to Double Track; the “Spiker”-Double Tracking Operations; the “Tamper”-Track Maintenance; Vehicle Storage and Maintenance Facility; Station Work; Sanford Station; Pouring Station Platform Footers; Forming the Platform Structure; and TOD Opportunities.
After inquiry by Chairman Carey, Ms. Olore stated they have hired a TOD Facilitator, Tim Jackson with AECOM Technical Services, to work with each of the local jurisdictions to get ready for Transit-Oriented Development (TOD). She advised that they will be putting together a TOD matrix in the final review and providing it to the local funding partners. They are doing action plans for each of the stations for the next steps.
Ms. Olore concluded her presentation with an animated video of the Sanford station showing what could happen there based on the TOD sketchbook.
Discussion ensued regarding acquired right-of-way and the scheduled completion of the Longwood station.
Commissioner Van Der Weide stated he appreciates Secretary Downs’ effort and coordination with everyone including cities, governments and volunteer groups. Commissioner Horan commended Secretary Downs for her work and for the work of his colleagues as well. Chairman Carey stated that Secretary Downs has done so much for the community, not just on SunRail, but on every other project, and wanted to thank her publicly.
After inquiry by Commissioner Henley, Secretary Downs responded that during construction, CSX is paying FDOT $3.5 million per year for use of the tracks; and when operations begin, they will switch to another agreement called CFOMA (Central Florida Operating Management Agreement). Under this agreement, the projection is about $3.5 million to $4 million per year.
After further inquiry by Commissioner Henley, Secretary Downs stated, at the end of the seventh year when the locals take over, the monies will continue to go back into the system to help pay for the operations and maintenance of the track.
Commissioner Dallari thanked Secretary Downs and her staff. He also thanked Jerry McCollum, previously the County Engineer, who he said, had been very instrumental in helping to get this done. Secretary Downs stated the Board of County Commissioners and County staff have been outstanding to work with.
Chairman Carey announced that on August 14 at 4:00 p.m., a workshop is scheduled with Senators Simmons and Gardiner to discuss the new transportation option and suggested that Secretary Downs may want to sit in on the meeting. Commissioner Dallari requested that the Chairman also invite LYNX.
John Lewis, Chief Executive Officer of LYNX, addressed the Board to present the LYNX Route 41 Enhancement Plan and the LYNX 10-Year Plan. He stated that ridership has significantly increased over the last several years, which does present challenges that are good; however, every new bus added causes costs to increase exponentially.
Mr. Lewis began a Powerpoint presentation (copy received and filed) and reviewed the following topics: LYNX Annual Ridership from FY 2007 through FY 2011; Seminole County Growth in Ridership from June 2011 through May 2012; Link 41 Northbound; Link 41 Southbound; Link 41 Challenges, Solutions and Recommendations; FY 2013 Preliminary Operating Expenses; FY 2013 Preliminary Operating Expenses by Jurisdiction; and Seminole County Funding History.
After inquiry by Commissioner Dallari, Mr. Lewis responded that two cities, Sanford and Altamonte Springs, are presently contributing $220,000 to the cost of service in Seminole County, and the total cost for the County is just over $5 million.
Commissioner Dallari requested that Mr. Lewis provide a breakdown of the hours of service for each city in the County.
After inquiry by Commissioner Horan, Mr. Lewis stated they have right-sized their fleet, from car pools to van pools to larger vehicles. They have restructured their pay structure so those operating different size vehicles receive different wages accordingly. Mr. Lewis stated they are looking at partnering with the private sector to provide different levels of service. LYNX is working with their partners at FDOT, with Chambers, community connections, and businesses to ensure they are providing the right resource in regard to SunRail. LYNX currently provides over 160 van pools throughout Central Florida where they provide the van and the customer provides the gas and vehicle drivers. He stated they are applying every resource available to them to ensure that SunRail is a success.
After inquiry by Commissioner Henley, Mr. Lewis stated that the Americans with Disabilities Act requires them to provide parallel access anywhere they provide bus transit to senior citizens and people with disabilities. The cost to LYNX is $60.00 for an hour of bus service; however, each individual they transport through the paratransit service is about $25.00 per trip, so the cost difference is significant. Commissioner Henley stated that LYNX has lost somewhere between $1 million and $2 million a year on paratransit, whereas a fixed route basically pays for itself.
Chairman Carey commented that, in any business, you have a cost of goods and services. At some point you have to charge what it costs you, or you are going to go out of business, and the bus service did just that years ago. There is a task force that Commissioner Dallari has been working on for MetroPlan to talk about dedicated funding, not only for bus transit but for SunRail and other transportation needs of the region. She believes it is important to talk with local partners because if they want service, they will need to help cover some of that cost. As SunRail comes on line, there is discussion about going from rail stations to Casselberry, Winter Springs and others. At some point, LYNX will need to recover their costs because they cannot continue to use their reserves to fund an ongoing operation.
Commissioner Henley explained that the only reason there are reserves is because they have been using monies from the Federal government that were designated to purchase buses. Also they are depending on gas tax, which is a declining revenue source. Chairman Carey stated the gas tax is set to expire; one next year and one in 2015.
Chairman Carey stated that in some areas of the County, they don’t even have transportation impact fees anymore because they have expired. She suggested they probably need to go back and look at some type of TOD impact. They need to understand what that is and make sure they are going to be able to afford and ensure that those transportation connections happen. Otherwise TOD fails and SunRail fails. She further stated van pooling has been around for years but few people have known that it was available to them. Mr. Lewis stated that many businesses also do not know that there is a federal tax incentive for that, so they are able to have a 1-to-1 write-down in their federal income tax.
Commissioner Dallari asked staff to look into the option of using pre-tax dollars for using LYNX and SunRail. Mr. Lewis stated the LYNX Board has been in communication and working with Representative John Mica who is Chairman of the Transportation and Infrastructure Committee. There is also a benefit to use pre-tax dollars for parking.
Commissioner Dallari thanked Mr. Lewis and his staff for all their hard work and leadership.
Jay Marsh, Chief Governmental Affairs Officer with LYNX, addressed the Board to state they will have the information on the different cities, towns and municipalities with a breakdown of paratransit very shortly via email.
Mr. Lewis concluded his presentation by discussing LYNX Peer Comparison.
Commissioner Henley confirmed with Chairman Carey that they have consensus to divide the enhancement and that the $140,000 will be in next year’s budget.
Chairman Carey recessed the meeting of the Board of County Commissioners and convened as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. 17-92 CRA
Bill McDermott, Economic Development, addressed the Board to present a request in connection with Coolstuffinc.com, LLC. He gave a brief history of the company as an industry leader in hobby games and stated they are moving from Orange County to Seminole County. The Department of Economic Opportunity has determined that Coolstuffinc.com is eligible to apply for a Brownfield Redevelopment Bonus Program (BRBP) in the amount of $30,000 of which $6,000 would be the local match. Twelve new jobs will be created by the end of 2013, and there will be a capital investment of $4.3 million by the end of 2016.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt appropriate Resolution #2012-R-117, as shown on page _______, implementing Budget Amendment Request (BAR) #12-088, in the amount of $6,000 from the U.S. 17-92 Corridor Redevelopment Trust Fund to provide a local financial match under the Brownfield Redevelopment Bonus Refund Program for Coolstuffinc.com, LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency and reconvened the meeting of the Board of County Commissioners.
Diana Evans, 1471 Southwind Drive, addressed the Board to update them on Smart meters and ask for an opt-in resolution from the Commission. Smart meters are utility meters with AMR (Automated Meter Reading) transponders that can track usage in real time. She described several major issues with the meters. Ms. Evans stated California has been using the meters and they have already had fire shorts, electrocutions and lawsuits. Florida is using the same meters. She explained that the U.S. Energy Act of 2005 specifically states, “at owner’s request” but utilities are installing them in spite of the owner’s request. Two Florida Counties, Indian River and Volusia, have passed resolutions that require the utilities to obtain homeowner permission before installing Smart meters. She requested that Seminole County pass an opt-in resolution to be ahead of the State bill which will be presented in January. Ms. Evans offered to provide a draft resolution and copies of the other counties’ resolutions. Speaker Request Form was received and filed.
Chairman Carey stated they have had a lot of discussion regarding Smart meters, and they also have received some correspondence from the power companies regarding same. She requested that County Attorney Bryant Applegate meet with the departments to talk about the law and what is happening with it and come back to brief the Board on whether any action should be taken.
Commissioner Dallari requested that the reports Ms. Evans mentioned be submitted to the Board. Upon inquiry by Commissioner Dallari, Mr. Applegate estimated that four weeks would give his staff time to investigate.
Chairman Carey requested that Mr. Applegate contact Representative Dorworth’s office to see what type of bill he is drafting.
COUNTY MANAGER’S CONSENT AGENDA
Joe Forte, Deputy County Manager, addressed the Board to advise that under the County Manager’s Report, there is an add-on resolution pertaining to Administrative Code Section 24.5. He noted that Item #29, Joint Participation Agreement with FDOT regarding Soldiers Creek, should be moved to the Regular Agenda so staff can give a presentation before the Board makes a decision. There were two other minor changes that were previously distributed to the Board members and the Clerk’s Office.
Commissioner Henley requested that Item #8, the Second Addendum to Seminole Community College Heathrow Center Lease, be pulled for a separate discussion.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to authorize and approve the following:
County Manager’s Office
Purchasing & Contracts Division
4. Award IFB-601390-12/GMG, as shown on page _______, Term Contract for Chlorine Gas Feed Systems Repair, Maintenance, Support, and Installation Services to Flynn Services, LLC d/b/a Pro-Tech Water and Wastewater, Ocala; and authorize Purchasing and Contracts Division to execute the Agreement.
5. Award IFB-601391-12/GMG, as shown on page _______, Term Contract for Liquid Chemical Feed Systems Repair, Maintenance, Support, and Installation Services to Flynn Services, LLC d/b/a Pro-Tech Water and Wastewater, Ocala; and authorize Purchasing and Contracts Division to execute the Agreement.
6. Award IFB-601395-12/GMG, as shown on page _______, Term Contract for Cleaning and Inspections of Water Storage Tanks and Pressure Vessels to CECS, a Division of The Crom Corporation, Gainesville and Acuren Inspection, Inc., Deep River, CT; and authorize Purchasing and Contracts Division to execute the Agreement.
7. Approve Extension of the Single Source Procurement for SS-601334-12/BJC - Wellness Program Consulting Services with The NICE Life, LLC, Winter Park; and authorize the Purchasing and Contracts Division to issue Purchase Order.
9. Approve the reappointment of three (3) members to the Committee on Aging: Joe Mohr, Angie Romagosa, and Henry Scarfo.
10. Approve and authorize the Chairman to execute CDBG Cooperation Agreements, as shown on page _______, with the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Winter Springs.
11. Approve the Release of Water and Sewer Capacity, as shown on page _______, in the amount of 7,101 gallons per day of water and 8,401 gallons per day of sewer.
12. Approve the Release of the original Cash Maintenance Bond with Escrow Agreement for the project known as Terracina at Lake Forest Phase 4 in the amount of $9,415.22.
13. Approve the Release of the original Cash Maintenance Bond with Escrow Agreement for the project known as Sunshine Building and Development Storage Yard in the amount of $830.
14. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Department of Financial Services for the 2010-2011 Homeland Security Grant Program (SHSGP), in the amount of $70,576, to assist with Urban Search and Rescue (USAR) and Hazardous Materials (HazMat) related activities.
15. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $105,806 for the FY 2012-2013 Emergency Management Preparedness and Assistance Grant.
16. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $102,966 for the FY 2012-2013 Emergency Management Performance Grant.
17. Approve and authorize the Chairman to execute appropriate Resolution 2012-R-118, as shown on page _______, implementing Budget Amendment Request (BAR) #12-069 through the 2005 Sales Tax Bond Proceeds Fund to provide additional funding in the amount of $524,609 for construction of the Fallen Heroes Memorial Project (00207301W).
18. Approve and authorize the Chairman to execute appropriate Resolution 2012-R-119, as shown on page _______, implementing Budget Amendment Request (BAR) #12-076 through the General Fund to provide funding for the Gas Tax Revenue Refunding Bonds, Series 2002 debt payoff in the amount of $6,375,000 and to execute the Letter of Direction to TD Bank.
19. Approve and authorize the Chairman to execute appropriate Resolution 2012-R-120, as shown on page _______, implementing Budget Amendment Request (BAR) #12-077, totaling $11,141,270 in the Public Works Grant Fund and 2001 Infrastructure Sales Tax Fund to recognize grant revenue and establish grant budget for the Red Bug Lake Road Interchange project.
20. Approve and authorize the Chairman to execute appropriate Resolution 2012-R-121, as shown on page _______, implementing Budget Amendment Request (BAR) #12-078 through the Natural Lands/Trails Fund to establish funding in the amount of $56,000 using reserves for the Kewannee Trail Mitigation Project.
21. Approve and authorize the Chairman to execute appropriate Resolution 2012-R-122, as shown on page _______, implementing Budget Amendment Request (BAR) #12-079, totaling $2,199,756 in the Transportation Trust, 2001 Sales Tax, 1991 Sales Tax, and Natural Lands/Trails Funds to transfer funds to facilitate the allocation of the FY 2010-2011 Engineering Capitalization chargeback.
22. Approve and authorize the Chairman to execute appropriate Resolution 2012-R-123, as shown on page _______, implementing Budget Amendment Request (BAR) #12-089 for $105,806 through the Disaster Preparedness Fund for Florida Division of Emergency Management's Emergency Management Preparedness and Assistance (EMPA) Grant program (7/1/12 - 6/30/13).
23. Approve and authorize the Chairman to execute appropriate Resolution 2012-R-124, as shown on page _______, implementing Budget Amendment Request (BAR) #12-090 for $102,966, through the Disaster Preparedness Fund for Florida Division of Emergency Management to allocate funds for the FY 2012-2013 Emergency Management Performance Grant (EMPG).
24. Authorize termination of the 1996 Interlocal Agreement with Orange County for aquatic weed control within Lake Pickett; and authorize Chairman to execute the 2012 Interlocal Agreement, as shown on page _______, with cost sharing based on lake acreage.
Economic Development Division
25. Approve appropriate Resolution 2012-R-125, as shown on page _______, recommending that Coolstuffinc.com, LLC be approved as a Qualified Brownfield Business and affirming that the project site is in a designated Brownfield Area, for the purposes of the Brownfield Bonus Refund Program.
Planning & Development Division
26. Authorize the Chairman to execute a Satisfaction of Lien, as shown on page _______, in the amount of $1,072.43 associated with the property located at 130 Fairway Ten Drive, Casselberry; Tax Parcel #15-21-30-504-0D00-0160; filed against Alexander Leibovich. Current owner is Federal National Meeting Association.
27. Authorize the Chairman to execute a Satisfaction of Lien, as shown on page _______, in the amount of $901.67 associated with the property located at 481 Amethyst Way, Lake Mary; Tax Parcel #17-20-30-5HZ-0B00-0840; filed against Elba I. Vivo. Current owner is Investor Trustee Services, LLC TR FBO.
Parks & Recreation Division
28. Approve and authorize the Chairman to execute appropriate Resolution 2012-R-126, as shown on page _______, naming the new electronic scoreboard at the Seminole County Softball Complex in honor of Mr. Jerry Dross and gratefully accepting the minimum donation of $3,300 for the scoreboard contribution of the Seminole Senior Softball Group for the installation of the Jerry Dross Memorial Scoreboard.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to approve and authorize Chairman to execute Second Addendum to the Seminole Community College Heathrow Center Lease was presented.
Commissioner Henley stated the addendum shows an annual increase of $3,386. His concern is that this lease runs through 2032 and he feels the escalation clause is significant.
After inquiry by Commissioner Henley, Meloney Lung, Central Services Department, addressed the Board to state that they have five people using approximately 1,000 square feet of rental space. Commissioner Henley stated this will become a very expensive lease if they stay there and wants to go on the record and state he thinks they need to look around to see what space the County has that might be suitable.
Commissioner Horan stated it is an unusual 25-year lease with a 6-month termination provision, which was approved in 2007. He also encouraged staff to see what other space is available.
Chairman Carey stated that the idea behind the location was it would be a “one-stop shop” with the Chamber of Commerce and other players. She stated because there is the opt-out provision, she is willing to support increasing the amount of space. At some point, they may end up, not only with County staff in their own building but maybe with the Chamber located there as well. Commissioner Henley stated he is an advocate of trying to get their own buildings up in lieu of paying all this rent. Chairman Carey noted that master plan is moving forward.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute the Second Addendum, as shown on page _______, to the Seminole Community College Heathrow Center Lease, with a revised annual cost of $30,858, which is an annual increase of $3,386.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to approve a Resolution and a Joint Participation Agreement with Florida Department of Transportation (FDOT) for the Soldiers Creek at County Road 427 Regional Stormwater Facility was presented.
Mark Flomerfelt, Engineering Department, addressed the Board to display a Powerpoint presentation (copy received and filed) and review the first slide regarding Joint Benefits. Discussion ensued with regard to the amount of phosphorus that needs to be removed.
Dr. Harvey Harper, Environmental Research and Design with FDOT, addressed the Board to state the project is designed to treat runoff generated in the Soldiers Creek basin which is one of the largest in size of the tributaries that discharge to Lake Jesup. He continued the presentation and reviewed maps of the Soldiers Creek Basin drainage patterns and Soldiers Creek Basin Upstream of Project Site, 5,765 acres. He discussed the topics of Laboratory Jar Tests to Evaluate Potential Effectiveness of Alum Stormwater Treatment; Soldiers Creek Preliminary Project Design; and Calculated Annual Phosphorus Load Reductions by the Soldiers Creek Alum Treatment System.
Chairman Carey stated that one of her issues is not so much the partnership with FDOT, but the ongoing maintenance. The agreement states that once the pond is built, it is the County’s responsibility perpetually. She asked if there was a reason why there is no maintenance in this particular project for the pond.
Patrick Muench, FDOT Drainage Design Engineer, addressed the Board to state this was one of their ideas to go this route in lieu of conventional ponds on the project because it is much cleaner. Mr. Muench advised that he does not know the background as to the maintenance of this particular project and the monies that they would put forth every year for maintenance. Normally, when they go into a partnership like this and put so much money up front, they would ask that the entity handle the maintenance throughout the lifetime of the project.
Chairman Carey asked Mr. Muench to estimate FDOT’s cost to deal with the stormwater on their own for that section of U.S. 17-92. Mr. Muench estimated the cost to buy the right-of-way, build the pond, elevate the road and maintain it will be approximately $10 million.
Commissioner Dallari stated that it is proven that alum works and the project is a good one, but the devil is in the details. He feels the agreement is one-sided, as Chairman Carey also pointed out. He was informed by staff that they couldn’t continue this to a work session because the monies need to be committed and allocated before the State’s new fiscal year that starts in July, so it would have to be approved at this meeting.
Secretary Downs stated if the project is not approved today, the money will roll into next year’s budget and then it would take about four months to reallocate those monies. She stated she can never guarantee 100% of the money coming back, but the money would roll into the next year and they would relook at it at that time.
Commissioner Dallari stated they have always worked with FDOT quite successfully. He cited page 5, Section 3, Paragraph B, “The funding for this Project is contingent upon annual appropriation by the Florida Legislature,” and stated that basically, they can “pull the plug” at any time. He also noted that construction on the project doesn’t start until September 2013. Chairman Carey advised that was because the U.S. 17-92 road project was pushed out.
Commissioner Dallari cited Exhibit B, The Preliminary Estimate Schedule of Funding, and stated there is a shortage of $469,000 and he is curious where they are going to get that money. He noted there is no engineering cost or contingency included and stated they have never done a project without contingencies. Also, there is no landscaping or O&M (operations and maintenance). Additionally, he had concerns that the design plans for this project are not yet complete. He stated the Agreement gives full authority to County staff and not to the Board of County Commissioners to amend the agreement. He said if the agreement is approved today, the Board will not know the total dollar figure or the timing. Also, to get the pounds they are talking about, the facility has to run 24 hours a day, 365 days a year. Mr. Muensh stated those were existing calculations based on an Aquafiber number that was given to FDOT which they had to redo.
Commissioner Dallari stated they should take their time to understand how this is all going to work and to understand what is going to happen to the pristine area called Spring Hammock Preserve. The County has spent a lot of money making Ronald Regan Boulevard pristine; and now they are building a driveway, a parking area, and a massive pumping station right next to someone’s home. He stated they have always been able to work with FDOT in the past and doesn’t see this as a time frame issue, but an issue to get it done.
After inquiry by Commissioner Henley, County Engineer Brett Blackadar addressed the Board to explain that if the project is not approved today, it will be four months before the project is re-budgeted and it needs to be approved before FDOT can move forward on the permitting for the U.S. 17-92 Project. He explained that they will receive $2.7 million from FDOT for this project and the County is responsible for 10 years of maintenance at $70,000 per year, which is a $2 million benefit.
Commissioner Horan expressed concerns about rushing the project because of the time constraints of the State’s budget year and the fact that the price is based upon 60% complete drawings. He also stated that the provision giving the County Engineer authority to execute amendments to the contract is not consistent with the Administrative Code.
Secretary Downs explained that the budget shows the $2.7 million in this fiscal year. If the money rolls and the Board chooses to proceed, in about four months FDOT would try to reallocate those dollars in FY 2013. Whatever money is saved on the project is the County’s fair share, and it will go into the next project.
After inquiry by Chairman Carey, Secretary Downs explained FDOT could provide a lump sum towards the maintenance of the pond from the County’s fair share and the County would be responsible for maintenance.
Discussion ensued regarding the injection of alum into the basin, the overall look of the pond, and storm conditions.
Chairman Carey clarified that the Board would like to see some kind of maintenance provision added to the agreement and the plans at maybe 90% so there would be time to make changes before 100% plans get drawn.
Motion by Commissioner Horan, seconded by Commissioner Henley, to approve the project contingent upon the removal of the provision from the agreement concerning the County Engineer’s authority to sign amendments, contingent upon the item coming back to the Board upon 90% complete drawings, and the addition of a maintenance provision.
Under discussion and upon inquiry by Commissioners Henley and Dallari, discussion ensued regarding the cost of maintenance, future commitments to Lake Jesup BMAP (Basin Management Action Plan), the Five-Year Capital Improvement plan, and money identified for TMDLs (Total Maximum Daily Loads).
After inquiry by Commissioner Henley as to the consequences of not approving the agreement today, Secretary Downs explained that FDOT would not be ready to bring it back at next month’s meeting because the money will have rolled forward. They could be ready in maybe four months.
Discussion ensued with regard to the funds rolling forward. Commissioner Horan clarified that the intent of his motion is to not follow staff’s recommendation but rather to approve the project contingent upon staff bringing back an agreement that contains terms and conditions that the Board can agree to. He stated he does not like the terms and conditions of the Joint Participation Agreement at the present time and does not agree with staff’s recommendation as stated. He is looking for an indication from this Board to FDOT that they like the project, want to allocate the money, and put it in their plan. He believes they just need to “fully cook” the agreement and will approve it upon it returning.
Chairman Carey stated if the Board is not approving the resolution and the agreement as written today, Secretary Downs will have to carry the money forward based on today’s discussions. She asked if there is any point in the Board approving this agreement as it is based on the discussion that they have had.
Commissioner Horan withdrew his motion.
Commissioners Dallari and Henley stated this is a good project and partnership, but not a good contract.
Motion by Commissioner Dallari to continue this item until the July 26, 2012 Board of County Commissioners meeting.
Chairman Carey suggested the item be continued until staff and FDOT have the details worked out based on the Board’s discussion today.
Commissioner Dallari amended the motion to continue Resolution and Joint Participation Agreement with the State of Florida Department of Transportation for the Soldiers Creek at County Road 427 Regional Stormwater Facility. Motion seconded by Commissioner Horan.
Under discussion, Commissioner Dallari stated that the Department of Environmental Protection (DEP) is changing the nutrient requirements and wants to be sure this project is adhering to the new nutrient requirements. Dr. Harper explained this does not impact the numeric nutrient criteria.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Henley voted NAY.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Horan, to authorize and approve the following:
30. Expenditure Approval Lists, as shown on page _______, dated May 29 and June 4, 2012; and Payroll Approval List, as shown on page _______, dated May 24, 2012; approval of BCC Minutes dated May 22, 2012; and noting, for information only, the following Clerk’s “received and filed”:
1. Amendment #1, as shown on page _______, to Work Order #90 to PS-5120-02.
2. Amendment #1, as shown on page _______, to Work Order #18 to RFP-5465-10.
3. Amendment #3, as shown on page _______, to Work Order #15 to PS-1529-06.
4. Amendment #2, as shown on page _______, to Work Order #84 to PS-5120-02.
5. Amendment #1, as shown on page _______, to Work Order #11 to PS-3914-08.
6. Amendment #2, as shown on page _______, to Work Order #3 to PS-2404-07.
7. Amendment #3, as shown on page _______, to Work Order #1 to PS-2404-07.
8. Amendment #5, as shown on page _______, to IFB-600108-06.
9. Amendment #13, as shown on page _______, to RFP-600094-06.
10. Proof of Publication, as shown on page _______, for VAB Organizational Meeting dated June 7, 2012.
11. Work Orders #38 and #39, as shown on page _______, to RFP-5465-10.
12. Notice of Consummating Order from the Florida Public Service Commission, re: Petition for Approval of Nuclear Decommissioning Cost Study by Progress Energy Florida, Inc. - Docket 100461-EI.
13. Certificate of Costs of Abatement, as shown on page _______, for Case #12-08900002, Paul & Marianne Minerd, Little Oak Lane Pool Violation.
14. Order granting Aqua Utilities Florida, Inc. rates increase for water and wastewater – PSC-12-0259-FOF-WS from the Florida Public Service Commission.
15. Amendment #2, as shown on page _______, to RFP-4265-06.
16. Change Order #7, as shown on page _______, to CC-5627-10.
17. Amendments #2 and #3, as shown on page _______, to Frequency Reconfiguration Agreement with Nextel South Corp.
18. Change Order #3, as shown on page _______, to Work Order #24 to CC-2183-07.
19. Amendment #2, as shown on page _______, to RFP-4222-04.
20. Seminole County Sheriff’s Office FY 2012/13 Proposed Budget.
21. Change Order #4, as shown on page _______, to Work Order #1 to CC-7107-11.
22. Amendment #1, as shown on page _______, to RFP-600650-09.
23. Agreement in support of QACF Award, as shown on page _______, Genesis 10 Corp., as approved by the Board of County Commissioners on January 24, 2012.
24. IFB-601314-12, Agreement with Jan Pak, Inc., as shown on page _______.
25. Amendment #1, as shown on page _______, to IFB-601297-11.
26. Work Order #92, as shown on page _______, to PS-1529-06.
27. Parks Contract for Services with John Fiorenza, as shown on page _______.
28. Tennis Pro Agreements with Bryn Auld and Michael Koslik, as shown on page _______.
29. Change Order #10, as shown on page _______, to CC-4626-09.
30. Amendment #1, as shown on page _______, to Work Order #15 to M-5004-09.
31. Amendment #6, as shown on page _______, to Work Order #10 to M-5004-09.
32. Amendment #1, as shown on page _______, to Work Order #4 to M-5004-09.
33. Amendment #1, as shown on page _______, to Work Order #5 to RFP-5706-10.
34. Amendment #1, as shown on page _______, to RFP-600747-09.
35. Work Order #20, as shown on page _______, to PS-1020-05.
36. Bids for IFB-601390-12, IFB-601391-12 and IFB-601424-12.
Districts 1, 2, 3, 4 and 5 voted AYE.
Bill McDermott, Growth Management, requested approval of a Jobs Growth Incentive (JGI) Funding Agreement with Jamco Industrial, Inc.; an appropriation of $20,000 as the JGI incentive; the Interlocal Agreement with the City of Sanford; and the associated Budget Amendment Request (BAR) #12-083.
Mr. McDermott stated that the City of Sanford will be hearing and approving this item on July 9, 2012. He stated that Jamco Industrial, Inc. is currently located in Cambridge, Ontario, Canada; and they are relocating their corporate headquarters and entire operation to Sanford. They will be creating 12 new jobs by 2017 with a capital investment of $1.4 million. He added that they located to Central Florida to penetrate the Caribbean and South America with their particular business, and chose Seminole County specifically due to the school system.
Commissioner Horan stated he researched Jamco and they are a wonderful company and that from the $26,000 agreed to by the County today, they have encouraged over $4.6 million of capital.
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to approve the Jobs Growth Incentive (JGI) Funding Agreement, as shown on page ______, with Jamco Industrial, Inc.; the Interlocal Agreement, as shown on page ______, with the City of Sanford; and adopt appropriate Resolution 2012-R-127, as shown on page ______, implementing Budget Amendment Request (BAR) #12-083 in the amount of $20,000.
COUNTY MANAGER’S AND STAFF’S BRIEFINGS
The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2011-2012.
Chairman Carey recessed the meeting at 11:56 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Horan, to authorize the filing of the proof of publication for this meeting's scheduled public hearing into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
HORSESHOE LAKE (NORTH) MSBU
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance to establish the Horseshoe Lake (North) Aquatic Weed Control MSBU and to consider the associated Interlocal Agreement, received and filed.
Carol Watral, MSBU Project Manager, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Watral stated the Petition for Improvement distributed by the MSBU program to the owners of property in the assessment boundary of the proposed MSBU demonstrated a 68% support rate among the 50 benefiting properties. She explained that the waterfront properties serving to benefit from aquatically controlled improvements are located within the taxing districts of the City of Oviedo and unincorporated Seminole County. The Oviedo City Council has confirmed support for the MSBU via execution of a City ordinance and also by signature on the recommended Interlocal Agreement. The equitable cost share assessment of $165.00 per unit is proposed for levy and collection beginning with the 2012 assessment roll; and the assessment amount will vary annually according to lake conditions, required treatments and budget recommendations.
Mark Bessette, 240 West 7th Street, addressed the Board to state he is in support of the MSBU. He thanked Ms. Watral and her team for the wonderful job they did putting this MSBU together.
Speaker Request Form from Mark Bessette was received and filed.
Written Request Form from Frank Calzaretta was received and filed.
No one else spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2012-15, as shown on page _______, to establish the Horseshoe Lake (North) Aquatic Weed Control MSBU and authorize the Chairman to execute the associated Interlocal Agreement, as shown on page _______, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated that she attended the Florida Association of Counties conference last week. She stated there were a number of discussions about the Medicaid information and the lawsuit that is occurring.
Upon request by Chairman Carey, Mr. Applegate updated the Board regarding the Medicaid lawsuit. He stated that not much has changed since the last update. He believes 61 or 62 counties are joining in. Counsel representing the counties is holding off on filing any type of injunctive relief until it becomes clear that it needs to be done. He advised that Lynn Porter-Carlton, Deputy County Attorney, is the lead on this matter in his office and is keeping track of everything.
Upon inquiry by Commissioner Horan, Mr. Applegate discussed the TRO (temporary restraining order) process in this case.
Chairman Carey stated that during the Board of Directors meeting, they approved the dues for the coming year and advised the dues will be the same as they have been for the prior year.
Chairman Carey stated the Florida Association of Counties has a tour called "All About Florida" and will be making stops around the County. On July 26 at 9:30 a.m., they will be making a stop at the BCC Chambers. She explained the purpose of the tour is to share information and listen to ideas that an elected body has to serve the needs of their members. Additionally, they will be talking about the legislative session and find out where they see the Florida Association of Counties and local government working together on various legislative activities.
Chairman Carey announced that a workshop with Senators Gardiner and Simmons regarding the Regional Transportation Authority has been scheduled for August 14 at 4:00 p.m. She stated they will notify all of the other transportation agencies for those who may want to come and listen to the discussion.
Chairman Carey stated that on June 5 she had a Wekiva Basin Commission meeting update. Regarding the Wekiva Parkway, she advised the design for the portion that will be in Seminole County will start in the fall of 2012 with a construction date of the third quarter of 2017, which is the anticipated time for Seminole County construction from the western boundary to the interchange. The interchange will be a design build contract, a separate contract, which will start in the spring of 2017.
Chairman Carey updated the Board with regard to the Central Florida Commission on Homelessness meeting that she attended last night. She stated the Commission has made some pretty good progress. She advised that, with regard to funding for moving forward as a regional coalition, the Commission has secured funding from private sources. Westgate Lakes Foundation has committed $150,000 over the next three years. JP Morgan's foundation has committed $100,000. C & L Charitable Foundation has committed $50,000. The City of Orlando and Orange County last night committed $200,000 over the next three years. She stated the goal is to get to $900,000.
Chairman Carey reminded the Board that the first year the Commission was in place, Seminole County agreed to fund $25,000 a year. She advised that when she talked to Community Services Director Valmarie Turner, who was also at the meeting, about a potential $50,000 minimal contribution over this period of time from the County, Ms. Turner seemed to think she has some additional funds available that she could contribute toward that and believes it is a very important piece of the homeless conversation. She stated she requested that Ms. Turner provide a budget recommendation somewhere between $50,000 to $100,000 over a three-year period of time.
Chairman Carey stated, as part of restructuring the way committees are done, there will be three very distinct, different groups that will work at the same level. There will be a Consumer Advocacy Council, a Joint Planning Committee, and an Interagency Providers Council. Those three agencies will work laterally and under the Central Florida Coalition for the Homeless umbrella. Underneath all of those, and working interrelated with all of those, will be a Funders Committee Group.
Chairman Carey announced some 4th of July activities around town. Altamonte Springs will have Red, Hot and Boom on July 3 at Cranes Roost Park from 4:00 p.m. until 11:00 p.m. Geneva's annual parade will be on the morning of the 4th at 10:30 a.m. with a festival following at 11:30 a.m. On July 4, Star Spangled Sanford will be at the Waterfront at Lake Monroe from 5:00 p.m. until 10:00 p.m.; and there will be activities at the Oviedo Mall and at Central Winds Park in Winter Springs starting at 5:00 p.m.
Chairman Carey wished everyone a Happy 4th of July.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated June 14, 2012 to Chairman Carey from FEMA regarding the Proposed Lots 1 through 24, Lake Jessup Estates, identifying the area’s status as it relates to the Special Flood Hazard Area criteria for Case No. 12-04-3018C.
2. Memorandum dated June 18, 2012 from Animal Services Division to BCC containing packet of information submitted by Christine Morgan at the Animal Control Board meeting of June 12, 2012 regarding rabid animals.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Horan updated the Board with regard to the Transportation Disabled Local Coordinating Board, which he serves on. He advised that it is a partially funded mandate from the federal government to provide local transportation for the transportation disabled. He explained that during the past year they have split the responsibility for providing paratransit transportation to two new vendors at a cost of about $2 million less a year thus reducing the $28 million negative figure that is on LYNX's books. In November and December there were some performance problems which have been reduced; and the paratransit responsibilities are now being adequately handled for those transportation disabled people, particularly in Seminole County.
Commissioner Horan read and discussed an online report from the General Accounting Office (GAO) about transportation disabled populations entitled Federal Coordination Efforts Could be Further Strengthened. He stated he is not sure that the GAO identifies a solution but they certainly identify the problems.
Commissioner Horan stated he also serves as the Board's representative, together with Commissioner Carey and Bill McDermott, on the East Central Florida Regional Planning Council. He stated the Council is in the process of searching for a new executive director and advised the interim executive director is Hugh Harling, who is also under consideration for the position. Discussion ensued with regard to past directors. Commissioner Horan explained the Council is dealing with the mixed messages it is receiving from the Legislature and the Governor concerning what particular statewide mandates the Council is supposed to perform in the wake of the reformation of Growth Management and the Regional Planning Council's role in Growth Management and the fact that certain of those mandates stay in place despite the fact that the Legislature appropriates the money but the government, for two years in a row, has vetoed those particular appropriations.
Commissioner Horan noted that Fire Chief Leeanna Mims gave an excellent presentation to the Regional Planning Council concerning the intergovernmental cooperation that occurs between and among the various public safety departments in the entire region.
With regard to United Arts, Commissioner Horan stated Flora Maria Garcia is the new executive director and comes from Atlanta where she headed up the arts organization there. He explained that Ms. Garcia's objective is to make sure that the financial foundation for the arts and support of the arts in Central Florida is going to be very, very strong and that there will be a seamless hookup with the business community.
Commissioner Horan noted with regard to the upcoming centennial celebration in 2013 and the initiative to write a 100-year history of Seminole County, the Historical Commission has commissioned that to be written by Jim Robinson, an Orlando Sentinel columnist, who also serves on the Historical Commission and has done this in the past. He announced that as of today, the $40,000 sponsorship for that history will be underwritten entirely by the Sanford Herald.
Commissioner Van Der Weide stated that Sable Point Country Club is still overgrown with weeds. He advised it is now being mowed since the County cited them. The swimming pool and clubhouse have been torn down. He reminded the Board that that is the location where the owner would like to put more condos. Commissioner Van Der Weide stated that he checked with staff and no permits have been requested and no plans have been submitted. He advised he will continue to watch it closely.
Commissioner Henley stated he attended a MetroPlan meeting recently where a considerable amount of time was given to Atlee Mercer who is Chairman of the Osceola County Expressway Authority. He stated they have done an outstanding job in trying to deal with the huge problem of being able to move people, particularly in the Poinciana area. They are coming forth with some recommendations for connectivity, for building some new roads to connect between two other major roads that serve that area.
Commissioner Henley stated there was also a report on the air quality in the region. He advised they are still meeting obtainment but are on the borderline in regards to quality of air. DOT made some recommendations regarding the five-year work program; and during the conversation, Larry Dale, CEO Orlando/Sanford Airport, asked about the surcharge project there and how long the dirt was going to stay on the airport’s property. He doesn't think he got a definite answer but FDOT Secretary Downs indicated the SR 46 detour road surcharge will begin sometime between August and October of 2012. Secretary Downs indicated that the dirt has to sit for a minimum of 18 months before anything happens. She indicated they are not closed on all of the right-of-ways along there either. One of the other problems is that it is not in the five-year work plan so money has not been appropriated for that. Secretary Downs indicated the SR 415 widening projects in Volusia County and Seminole County are estimated to begin in August of 2012 and completed by the end of 2016.
Chairman Carey stated that the County has air quality guidelines that they have to live within; and when they go past them, they potentially lose their federal funding for transportation. The penalties are pretty significant and it is really an important issue for them to keep monitored. She suggested that maybe SGTV could run the program that talks about things that can be done to help with the air quality like not mowing in the middle of the day when it is the hottest. She stated she believes MetroPlan has a video of that which she suggested they obtain and run on SGTV.
Chairman Carey requested an update from County Engineer Brett Blackadar with regard to the storage of the dirt at the airport and the SR 415 and SR 46 projects.
County Engineer Brett Blackadar addressed the Board to explain that the surcharge is part of the SR 415 project which is funded. Mr. Blackadar stated his understanding from DOT is that in the first 12 months of the project, they have to move the dirt to the area. Then it has to sit until it is done, which is estimated to be 18 months. The earliest construction could be started on SR 46 is probably the beginning of 2015.
Chairman Carey asked if that is when they are looking at trying to get it back into the work program. Mr. Blackadar responded that is what the County has requested, but they will know more after the end of this year after revenue estimating.
Commissioner Henley stated at the last Congress of Regional Leaders, there was a discussion about the constitutional amendment, Amendment 4, which is on the ballot for November 6. It was requested that there be a conversation to try to educate everybody regarding that amendment before it actually happens. He advised there will be a meeting at MetroPlan on August 10 in regards to that with Dominic Calabro from TaxWatch. He distributed a press release (copy received and filed) which speaks about Amendment 4 and suggested the Board members attend, if available.
Commissioner Dallari suggested the County send SGTV to the meeting to film it in case they want to run it on the County's station.
Chairman Carey stated it might be helpful if, at the August 14 meeting, they have Susan Dietrich, Assistant County Attorney, and their legislative group address the Amendment 4 issues so everyone understands what is involved. She suggested Ms. Dietrich could probably incorporate the film from SGTV into a presentation. She noted they could also discuss the amendment later in the afternoon when two of the senators are present.
Commissioner Dallari stated he attended the reorganizational meeting of the Value Adjustment Board where they elected officers as well as election of magistrates for the upcoming tax season. He advised that the Value Adjustment Board asked him to write a letter (copy received and filed) to the Clerk of the Court thanking her and her staff for their continued hard work and dedication to the Board.
Commissioner Dallari stated that MetroPlan's Dedicated Task Force on Funding Transportation scheduled a meeting for August after the regularly scheduled meeting of MetroPlan.
Commissioner Dallari requested an update regarding the NACo discount dental plan. Deputy County Manger Joe Forte responded that he has a meeting with Community Services Director Valmarie Turner tomorrow, and that is one of the items on the agenda. Chairman Carey requested that Mr. Forte also follow up on the NACo prescription card. She stated the County has switched to another provider because they were rebating some to the County, but she understands that NACo has amended their plan and they also pay back a fee. She suggested they make sure they have the best benefit for both of those.
Commissioner Dallari stated he met with Brigadier General Seay of the Central Florida Veterans Memorial Park at Lake Nona. He stated B.G. Seay wanted the Board to get a copy of a presentation (copy received and filed) of what they are going to do at Lake Nona and would like the opportunity to speak to the Board. Commissioner Dallari requested that Chairman Carey contact B.G. Seay’s office and put that on the agenda. Commissioner Dallari discussed Central Florida Veterans Memorial Park's presentation.
Commissioner Dallari congratulated Bryant Applegate, County Attorney, for being here for a year. He noted that it is customary for the Board to do annual reviews and reminded the Chairman that they should be looking at the County Manager's and County Attorney's reviews.
Chairman Carey advised she fully intends to do that. Due to the fact that both the County Manager and the County Attorney work for all five Commissioners, Chairman Carey believes it is important they all have an opportunity to review the two people that they hire in the County and collect those together. As Chairman, she stated she would probably be the one to sit down at that point and go through the review so they understand where all of the Commissioners are coming from, not just one person's perspective on their performance.
COUNTY MANAGER’S REPORT
Joe Forte, Deputy County Manager, presented a request to approve a Resolution changing the Administrative Code, Section 24.5 (B)(4), giving the County Manager the authority to offer severance pay to an at-will employee, which is a director or a manager, in lieu of termination without cause provided that employee resigns. He stated Section 4 mirrors the language that is contained in many of the at-will contracts that exist for many of the employees. He explained that about a year and a half ago they started to modify those contracts; and even more recently, they stopped giving contracts to at-will employees. Mr. Forte explained that at this point, they realize there is no authority for a manager to offer any type of severance for a resignation in lieu of termination.
Chairman Carey stated she feels when someone is hired in an at-will position, they recognize the reward of being at that level and also the risk of being terminated. She explained that the proposal they have before them is that the County Manager can consider up to four weeks salary plus one week for each year. She thinks there should not be any consideration at all but could support the Manager having the ability to look at possibly two weeks.
Commissioner Horan stated he agrees with giving the County Manager discretion to go ahead within certain parameters and control the hiring and firing of his own staff. He explained their Charter sets up a County Manager form of government. The executive is supposed to execute the executive functions of the County government. It is his staff and he should have the discretion to do it. Commissioner Horan stated he shares the concern about the amount of discretion to do it and would put in a maximum of 12 weeks. If the County Manager wants to do something more than 12 weeks, he thinks it should come to the Commission; but he would give the County Manager discretion from zero to 12 weeks.
Chairman Carey stated she personally could not support that.
Commissioner Henley stated he cannot support the amount of time that is being presented; but as far as the concept, he doesn't see anything wrong with it other than they don't normally do that for the rest of their employees. They get their paid time off that they have accumulated if they are leaving. He stated he does not know why you would ask a person to resign without cause unless they are downsizing or something of that nature. If the work is unsatisfactory, then he would have difficulty in giving them a reward for leaving. He can see giving them an option of being terminated or to resign, which would keep the termination off of their employment record.
Commissioner Henley stated he cannot support what is being presented nor would he support 12 weeks. He believes that is excessive. They normally pay those people considerably more than other employees here and they get sick leave or paid time off which is generally excessive. He stated he realizes there are people with contracts but those contracts were arrived at between the Manager and that employee without input from the Board to begin with.
Commissioner Horan stated that is the whole issue here. If in fact the Board does not give the County Manager the discretion within a certain reasonable parameter, the County Manager will then go back to issuing contracts. He stated he would prefer there not be contracts and would prefer the Board give the County Manager the discretion to go ahead and manage his staff and give him maximum discretion up to 12 weeks. He suggested the County Manager may exercise the same discretion that Commissioner Henley suggested and not give somebody 12 weeks. That would be up to the County Manager since it is his staff and the Charter says he runs the government.
Commissioner Henley noted the Board has control over the County Manager. He can't just indiscriminately start issuing contracts without consent from the Board.
Commissioner Van Der Weide advised the buck stops with the County Commissioners. He stated he could not go along with what is presented. He explained he thinks the upper management should come directly to the Board, which it does.
Chairman Carey stated the Board only confirms the appointment of the department directors. They do not approve the contracts. She stated that Mr. Hartmann is not issuing contracts, even to the directors. She agrees the County should not have contracts and thinks the Manager should have some discretion but believes 20 weeks, four weeks plus a week for each year, is greatly excessive. She reminded the Board that this is for people that are being terminated without cause. To have a couple weeks of flexibility may be enough to help him reorganize the organization because he possibly has got somebody that he thinks is a better fit.
Commissioner Dallari stated they are talking about an at-will individual that doesn't have a contract. They are talking about having someone leave employment. He agrees that 20 weeks is excessive and 12 weeks is excessive and cannot support either one of those numbers. He doesn't know what the correct number is; but if they are leaving and don't have a contract, then they leave.
Chairman Carey discussed the average salary of managers in Seminole County.
Commissioner Dallari stated that in his opinion, normally the County gives whatever vacation leave someone has and they move on. That is what he has heard in the past. Upon inquiry by Chairman Carey, Commission Dallari stated two weeks is about the most that he can agree to.
Commissioner Horan stated he believes the Board is missing the point and explained why he believes the County's chief executive should be given the discretion to handle his employees within certain parameters.
Chairman Carey asked if there is language in the Administrative Code that allows the Manager to issue contracts. She explained there is an Administrative Code that they are supposed to work under and then they have a whole set of rules that the County Manager has been functioning under for years that the Board has nothing to say about. Upon inquiry by Chairman Carey, Mr. Forte stated the Administrative Code allows the County Manager the authority to enter into employment contracts with at-will members which will offer severance packages. He stated it does say “as adopted by the Board of County Commissioners that a member will receive in the event of termination not for cause.” Chairman Carey requested clarification that the contract has to be approved by the Board of County Commissioners.
Mr. Forte stated that only other thing he wants the Board to think about or discuss is that this is the tool that is used to attract employees. He stated they are having a difficult time attracting employees because the reputation for Seminole County management level positions, directors and managers, is that there has been a revolving door. It has been difficult filling some positions and it comes up in many of the interviews that he has sat in. From the outside world looking in, stabilization in jobs in management in this County is not very long, the tenure is very short. This is also used as a recruitment tool.
Chairman Carey stated she believes that has only been the case in the case of the County Manager. She believes they have a lot of managers that have been here for a long time and the average nationally is five years.
Mr. Applegate noted in answer to Chairman Carey's question, the County Manager does have the authority to award contracts. He stated the County Manager's concern was not so much termination but attraction, trying to get people to come into this organization and have the incentive and the protection they feel they need to leave one position in many cases to come here.
Mr. Applegate informed Chairman Carey that the Manager can issue contracts but they have to be approved by the County Commission. Chairman Carey and Commissioner Henley indicated that has not happened in the past.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2012-R-128, as shown on page _______, amending the Seminole County Administration Code, Section 24.5 to add subsection 24.5(B)(4) pertaining to County Manager’s authority to provide lump sum payments to management officials who resign in lieu of termination without cause with a maximum of up to four weeks of salary.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Horan voted NAY.
Mr. Forte reminded the Board that he will be leaving town on Friday afternoon and Tad Stone, Public Safety Director, will be the contact person should any emergency come up between Friday afternoon and Saturday when Mr. Hartmann returns.
COUNTY ATTORNEY’S REPORT
Mr. Applegate noted that at the Florida Association of Counties meeting, he (along with the Lake County attorney and Kevin Neal) presented workforce issues, the current law and the amendments that the Florida Legislature made at the last session. He advised that David Shields, Assistant County Attorney, did a good job in updating the county attorneys around the state on the Internet cafe gambling issues and the County's case.
Mr. Applegate stated he has been appointed to the Executive Board for the County Attorneys Association.
Mr. Applegate advised that his staff is continuing to educate the County's staff on the use of e-mails and social media. He stated they talked with attorneys around the state about the concern that at some point with the use of social media there needs to be some policies. His office is looking at developing a policy for this County.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:31 p.m., this same date.