BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 26, 2011
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, July 26, 2011, 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)
Clerk of Circuit Court Maryanne Morse
County Manager James Hartmann
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Absent: Commissioner Dick Van Der Weide (District 3)
Pastor Ken Kelley, First Baptist Church of Sanlando Springs, Altamonte Springs, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Horan, seconded by Commissioner Henley to adopt appropriate Resolution #2011-R-132, as shown on page _________, recognizing Larrie Fossitt for 35 years of service and dedication to Seminole County Government and its citizens upon his retirement from the Fleet & Facilities Management Division of the Central Services Department on July 29, 2011.
Districts 1, 2, 4 and 5 voted AYE.
The Board presented the Resolution to Mr. Fossitt, who addressed the Board to express his appreciation.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, addressed the Board to advise that there are three changes to Item #6, Request to approve Purchase Agreements for parcels owned by Jeno Paulucci. The first is everywhere it mentions 201 West Street should read 201 West First Street; the second is the purchase price should read $625,000 not $675,000; and the third is a revised agreement was submitted relating to the closing that shall occur no later than November 9, 2011 and not October 28, 2011. He added that Section B under “Conditions” is now Section C and he read the changes of that section into the Record. He also advised that staff added language requesting the Board authorize signature authority to Environmental Services Director, Andrew Neff, regarding Item #17, Approve Utility Easement with FPL, and staff distributed documents that were revised by the County Attorney’s office.
Upon inquiry by Commissioner Henley relating to the actual cost to the County for the Flu shot program (Item #9). Meloney Lung, Central Services Director, addressed the Board to advise the County’s estimated cost is $10 per shot, and if the shot is administered to the employees by the Public Safety Department, there is no cost to the employee. She stated the employees will have to pay a co-pay ($15.00) if they obtain a shot somewhere else, such as Publix, Walgreens or CVS.
Motion by Commissioner Henley, seconded by Commissioner Dallari to authorize and approve the following:
County Manager’s Office
Purchasing & Contracts Division
2. Award CC-6784-11/DRR, as shown on page ________, Seminole County's Lynwood Exploratory/Test/Observation Well #1 Construction, in the amount of $252,450 to A.C. Schultes of Florida, Inc., of Gibsonton, Florida; and authorize the Purchasing and Contracts Division to execute the Agreement.
3. Award IFB-601135-11/GMG Term Contract, as shown on page ________, for Large Meter Testing, Replacement and Repair Program to Reed and Shows Meter Repair and Supply, Co. Inc., Douglasville, Georgia, and authorize the Purchasing and Contracts Manager to execute the Agreement.
4. Award RFP-601151-11/BJC, as shown on page _________, Auditing Services for Seminole County to Moore Stephens Lovelace, P.A., Winter Park, Florida, and authorize the Purchasing and Contracts Manager to execute the Agreement.
Fleet & Facilities Management Division
5. Approve and authorize the Chairman to execute the Mutual Termination, as shown on page ________, of Non-Exclusive Lease of Library Space with Friends of the Library of Seminole County, Inc.
6. Approve and authorize the Chairman to execute the Purchase Agreement, as shown on page ________, for Parcel Numbers 25-19-30-5AG-0203-0010 and 25-19-30-501-0000-00B0, 201 East Commercial Street, Sanford, Florida 32771, owned by Jeno F. Paulucci, as Co-Managing Trustee of the Jeno P. Paulucci Revocable Trust, 201 West First Street, Sanford, Florida 32771, for a purchase amount of $625,000, as amended.
Human Resources Division
7. Authorize staff to negotiate the terms of a contract with Extend Health and implement an Exchange Program for Medicare Eligible Retirees.
8. Approve and authorize a one-year renewal of Solstice Benefits contract for Dental Care Plans.
9. Approve and authorize a Flu shot program for County employees and the establishment of a co-pay for employees or dependents using authorized Pharmacies for flu shots; and authorize Public Safety to purchase the vaccine and make flu shots available to employees.
10. Authorize Blue Cross Blue Shield Florida to compound medication at the generic rate.
11. Approve and authorize the Chairman to execute the Second Amendment, as shown on page _________, to Specialized Treatment, Education and Prevention Services, Inc. (STEPS) Agreement for Seminole County's Adult Drug Court Enhancement and Expansion grant from the Substance Abuse and Mental Health Services Administration.
12. Approve and authorize the Chairman to execute the Coast2Coast Rx Card County Marketing Agreement, as shown on page _________, between Financial Marketing Concepts, Inc. and Seminole County for provision of a Coast2Coast Rx discount prescription card to residents of Seminole County and Board of County Commissioners’ approval of the termination of the NACo/Caremark contract.
Community Assistance Division
13. Approve and authorize the Chairman to execute the Corrective Restrictive Use Covenant, as shown on page ________, for the Holly Homes Townhomes project funded by County HOME Program funds.
14. Authorize the Final Release of the Developer's Cash Completion Bond (For Performance - Water and Sewer Improvements) pursuant to the Escrow Agreement (Water and Sewer Improvements) for Howell Branch Cove as requested by Howell Branch Cove, Ltd. in the amount of $27,030.30 (remaining 10% of the Bond).
15. Approve the Release of the original Water & Sewer Cash Maintenance Bond for the project known as Magnolia Corporate Center in the amount of $600.00.
16. Approve the Release of the original Water & Sewer Cash Maintenance Bond for the project known as Norrell Office Bldg. in the amount of $560.00.
17. Authorize Chairman to execute Utility Easement, as shown on page ________, between Seminole County and Florida Power & Light Company located at the Seminole County Regional Treatment Facility at Yankee Lake; and authorize delegating signature authority to Environmental Services Director, Andrew Neff, for the FPL Service Agreement Forms.
18. Authorize staff to schedule and advertise a public hearing for the presentation of the proposed Port Authority budget for Fiscal Year 2011/12.
19. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-133, as shown on page ________, implementing Budget Amendment Request (BAR) #11-82 through the Water and Sewer Funds in the amount of $32,063,673 to restructure and reallocate capital project funding for various Water and Sewer projects.
20. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-134, as shown on page ________, implementing Budget Amendment Request (BAR) #11-85 through the Community Services Neighborhood Stabilization Grant Fund in the amount of $1,940 to increase funding for the Community Services Neighborhood Stabilization Grant Program.
21. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-135, as shown on page ________, implementing Budget Amendment Request (BAR) #11-86 through the Public Works Grants Fund and the 2001 Infrastructure Sales Tax Fund in the amount of $226,336 to recognize grant revenue and reduce 2001 Infrastructure Sales Tax budget for the Walker Elementary School Sidewalk project.
22. Approve the establishment of a new fund in order to segregate the costs and revenues related to Public Works non-grant interlocal agreements between the County and other agencies. This fund is to be designated the Public Works Interlocal Agreements Fund (11641); and approve and authorize the Chairman to execute appropriate Resolution #2011-R-136, as shown on page ________, implementing Budget Amendment Request (BAR) #11-89 through the 2001 Infrastructure Sales Tax and the Public Works Interlocal Agreements Fund in the amount of $5,378,600 in order to properly record the interlocal agreements with the City of Casselberry and SSNOCWTA related to the SR 436/Red Bug Lake Road Interchange Project.
Library Services Division
23. Approve and authorize the Chairman to execute the Grant Agreement, as shown on page ________, between the Florida Division of Library and Information Services and Seminole County and the Certification of Credentials in anticipated acceptance of monies in State Aid to Library funds for library related operating expenses.
24. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-137, as shown on page ________, renaming Hill Crest Drive to Hillcrest Drive.
25. Approve and authorize the Chairman to transfer authority to the Department of Public Safety Director to terminate the Safe Kids Agreement as Lead Agency of the Seminole County Coalition.
26. Adopt appropriate Resolution #2011-R-138, as shown on page ________, and authorize the Chairman to execute a Subordination of County Utility Interests Agreement, as shown on page ________, for each of the two parcels (FDOT Parcel Number 123.3R and Parcel Number 162.2R) identified by the Florida Department of Transportation as property necessary to construct or improve State Road 400 (Interstate 4).
27. Adopt appropriate Resolution #2011-R-139, as shown on page _________, and authorize the Chairman to execute a Subordination of County Utility Interests Agreements, as shown on page ________, for each of the two parcels (FDOT Parcel Number 116.2R and Parcel Number 117.4R) indentified by the Florida Department of Transportation as property necessary to construct or improve State Road 400 (Interstate 4).
28. Adopt appropriate Resolution #2011-R-140, as shown on page ________, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page ________, 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)
29. Approve and authorize the Chairman to execute Consent Order Number 948983, as shown on page _________, with the St. Johns River Water Management District (SJRWMD) negotiated in conjunction with SJRWMD Environmental Resource Permit No. 4-117-97866-2 for the Sweetwater Creek Cove Tributary Water Restoration Phase IIB Dredging Project, and the First Amendment, as shown on page _________, to Agreement (Contract #S1440AA) between SJRWMD and Seminole County for the Little Wekiva River Watershed Management Project.
30. Authorization to schedule and advertise a Public Hearing for August 23, 2011, for the adoption of a typical section and alignment and authorization to proceed with Final Design for the widening of Dean Road from Aloma Avenue (State Road 426) to the Orange County Line.
Districts 1, 2, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Horan, seconded by Commissioner Henley to authorize and approve the following:
31. Approval of Expenditure Approval Lists, as shown on page _________, dated June 13, 20, and 27, 2011; and Payroll Approval Lists, as shown on page _______, dated June 9 and 23, 2011; BCC Minutes dated June 14 and 28, 2011; and noting, for information only, the following Clerk's "Received and Filed":
1. Work Order #83, as shown on page _______, to PS-1529-06.
2. Amendment #2, as shown on page _______, to Work Order #6 for M-5004-09.
3. Work Order #17, as shown on page _______, to PS-2564-07.
4. Work Order #45, as shown on page _______, to PS-1501-06.
5. Work Order #18, as shown on page _______, to PS-2564-07.
6. Change Order #5, as shown on page _______, to Work Order #22 for CC-2184-07.
7. Amendment #2, as shown on page _______, to RFP-600148-07, PBS&J.
8. Litigation Consultant Services Agreement, as shown on page _______, with Ellen S. Hardgrove, AICP, Planning Consultant, Inc.
9. Term Contract IFB-601112-11, as shown on page _______, with MVB & Associates, Inc.
10. Written Comment Form for John Casselberry for BCC Meeting of March 22, 2011.
11. Amendment #2, as shown on page _______, to Work Order #81 for PS-5120-02.
12. Amendment #5, as shown on page _______, to IFB-600168-07, Helena Chemical Company.
13. Tennis Developmental Instructor Agreement, as shown on page _______, with Derek Roth Neumann.
14. Amendment #2, as shown on page _______, to Work Order #7 for M-5004-09.
15. Amendment #2, as shown on page _______, to Work Order #34 for PS-0381-06.
16. Development Orders, as shown on page _______, for Michael L. & Deborah M. Krekel, 2553 River Tree Circle; and Rachel J. Adams and John T. & Joyce M. Adams, 2851 Pewter Mist Court.
17. Change Order #3, as shown on page ________, to CC-6200-10.
18. Amendment #12, as shown on page _______, to RFP-600094-06, Valleycrest Landscape Maintenance, Inc.
19. Work Order #21, as shown on page _______, to PS-3914-08.
20. Amendment #1, as shown on page _______, to IFB-600940-10, Chinchor Electric, Inc.
21. Executed Supplemental Agreement Number 2, as shown on page _______, to the Local Agency Program Agreement with FDOT regarding construction of sidewalks in the vicinity of Altamonte Elementary School, as approved by the BCC on April 12, 2011.
22. Memorandum to Jane Spencer, Deputy Clerk, BCC Records, from Robert McMillan, County Attorney, regarding temporary signature authority for the County Attorney’s Office.
23. Parks Contracts, as shown on page ________ for Services for Wilbert de la Cruz and Travers Green.
24. Amendment #1, as shown on page _______, to RFP-600941-10, A Chosen Child, Inc.
25. Work Order #18, as shown on page _______, to CC-3321-08.
26. Assignment, as shown on page ________, of Term Contract RFP-600747-09 from Beck Disaster Recovery, Inc. to Science Applications International Corporation.
27. Closeout, as shown on page _______, of Work Order #61 to CC-1284-06.
28. Change Order #4, as shown on page ______, to Work Order #27 for CC-2184-07.
29. Amendment #1, as shown on page ________, to IFB-600940-10 Term Contract, Traffic Control Devices, Inc.
30. Change Order #5, as shown on page _______, to CC-4186-09.
31. Parks Contracts, as shown on page _______, for Services with Gerard La Starza, Jr., Maurice Young, Jennifer Pawol and Doug Chiodini.
32. Notice from the Florida Public Service Commission of Proposed Agency Action Order and Final Order regarding Docket No. 080121-WS, Application for increase in water and wastewater rates, and Docket No. 100330-WS, Application for increase in water/wastewater rates.
33. Recorded Quit Claim Deed, as shown on page _______, between Allied Capital Advisors, Inc. and Seminole County, as approved by the BCC on April 12, 2011.
34. Recorded Restrictive Use Covenant, as shown on page _______, granted by Community Based Care of Central Florida, Inc. to Seminole County concerning real property at 512 San Gabrielle Court, Winter Springs.
35. Recorded Mortgage Deed, as shown on page _______, between Gloria Moran and Seminole County dated May 19, 2011.
36. Conditional Utility Agreement, as shown on page ________, for water service between Seminole County and CR Ranch of Oviedo, LLC, for the project known as Anderson Industrial Park.
37. Conditional Utility Agreements, as shown on page ________, for water and sewer service between Seminole County and McDonald’s USA, LLC for the project known as McDonald’s - Aloma Walk.
38. Work Order #15, as shown on page _______, to CC-3321-08.
39. Change Order #2, as shown on page _______, to CC-5756-10.
40. Amendment #1, as shown on page _______, to Work Order #75 for PS-1529-06.
41. Consultant Services Agreement RFP-601115-11, as shown on page _______, with CSA International, Inc.
42. Work Order #6, as shown on page _______, to PS-5187-06.
43. Term Contract IFB-601114-11, as shown on page ________, with PRIDE Enterprises.
44. Memorandum, as shown on page _______, to Joseph Forte, ACM, from Meloney Lung, Director of Central Services, regarding approval to amend Work Order #24 to CC-2190-07 to allow time to complete the work and process the invoice.
45. Amendment #1, as shown on page ________, to IFB-600940-10 Term Contract with United Signs & Signals, Inc.
46. Amendment #2, as shown on page _______, to Work Order #45 for PS-1529-06.
47. Amendment #4, as shown on page _______, to Work Order #1 for PS-4906-09.
48. Settlement Agreement and Addendum #2, as shown on page _________ to the First Amended Commitments, Classification, and District Description for Lake Forest Planned Unit Development, as approved by the BCC on March 22, 2011.
49. Memorandum to Jane Spencer, Deputy Clerk, BCC Records, from James K. Hartmann, County Manager, regarding signature authority for the County Manager.
50. Third Amendment, as shown on page _________, to IFB-601015-10, Helping Hand Lawn Care, Inc.
51. Work Orders #1 and #2, as shown on page _______, to CC-5554-10.
52. Work Order #8, as shown on page _______, to PS-2051-07.
53. Work Order #1, as shown on page _______, to PS-5473-10.
54. Recorded Release of Lien, as shown on page _________, regarding Case No. 09-61-CEB, Ahmed A. & Naila Harara, as approved by the BCC on May 24, 2011.
55. Memorandum, as shown on page ________, to Joe Forte, Acting County Manager, from Joseph R. Abel, Director, regarding unauthorized extension of Work Order #17 under Contract PS-04388-09.
56. Recorded Partial Release of Mortgage, as shown on page ________, (Mortgage Electronic Registration Systems, Inc. and Pamela Olson and Melvin Olson) and Warranty Deed, as shown on page _________, (Pamela A. Olson and Seminole County).
57. Recorded Partial Release of Mortgage, as shown on page _________, (Wells Fargo Bank, N.A. and Roger A. Wolfe and Paula Jo Wolfe) and Warranty Deed, as shown on page ________, (Roger A. Wolfe and Paula Jo Wolfe and Seminole County).
58. Recorded Binding Utility Easement, as shown on page _________, executed by Brenda Hill on June 8, 2011, regarding property at 2360 Broadway Street.
59. Construction Services Agreement CC-6677-11, as shown on page _________, with Petroleum Equipment Construction, Inc.
60. Construction Services Agreement CC-6623-11, as shown on page _________, with Ellis Mechanical Corporation.
61. Development Orders, as shown on page _________, as follows: Pero Savic, 1909 Vienna Drive; Jack & Mary Smart, 1901 Linden Road; Victor & Laura Jarosiewicz, 2011 East Hampton Circle; Felisa A. Robinson, 1803 Harding Ave.; Juanita Addeo & John A. Alvarez, 1288 Glencrest Drive; Robin & Jerald Hemphill, 217 Tollgate Trail; and Benedicto & Enigsavaina Nieves, 777 Oaklando Drive.
62. Amendment #1, as shown on page _________, to Work Order #86 for PS-5120-02.
63. Change Order #1, as shown on page _________, to Work Order #59 for CC-1284-07.
64. Change Order #4, as shown on page _________, to Work Order #32 for CC-2184-07.
65. Work Orders #92 and #93, as shown on page _________, to PS-1074-06.
66. Work Order #67, as shown on page _________, to CC-1284-06.
67. Amendment #1, as shown on page _________, to Work Order #4 for PS-4906-09.
68. Second Amendment, as shown on page _________, to PS-5180-05, Brown and Caldwell.
69. First Amendments, as shown on page _________, to PS-5179-05 with S2L Incorporated and Jones, Edmunds and Associates.
70. Amendment #4, as shown on page _________, to IFB-600806-10, Asphalt Recycling, Inc.
71. Change Orders #1 and #2, as shown on page _________, to CC-5527-10.
72. Letter to the Clerk of the Circuit Court from Donna Gardner, City Clerk of Casselberry, transmitting Casselberry Annexation Ordinance No. 11-1346 for informational purposes.
73. Sealed Transcript of Litigation Strategy Session dated May 10, 2011, for Case No. 6:11-cv-155-Orl-28GJK, Allied Veterans of the World, Inc.: Affiliate 67, et al. vs. Seminole County.
74. Amendment #1, as shown on page _________, to Work Order #51 for PS-5174-04.
75. Work Order #22, as shown on page _________, to PS-3914-08.
76. Amendment #1, as shown on page _________, to Work Order #7 for PS-1666-07.
77. Work Order #10, as shown on page _________, to PS-5438-10.
78. Change Order #3, as shown on page _________, to DB-4550-09.
79. Change Order #3, as shown on page _________, to Work Order #36 for CC-2184-07.
80. Work Order #6, as shown on page _________, to PS-4906-09.
81. Amendment #1, as shown on page _________, to RFP-601076-11, Broussard & Cullen, P.A.
82. Work Order #84, as shown on page _________, to PS-1529-06.
83. Work Order #13, as shown on page _________, to CC-3321-08.
84. Amendment #1, as shown on page _________, to Work Order #17 to CC-3321-08.
85. Work Orders #14 and #16, as shown on page _________, to CC-3321-08.
86. Utility Agreements, as shown on page _________, for Water and Sewer Service and Customer Agreement for Reclaimed Water Service between Seminole County and Colonial Realty Limited Partnership.
87. Certificates of Costs of Abatement, as shown on page _________, for Manuel J. Sarnes, 1378 Marcy Drive N; and Phillip & Tammy L. Williams, 4590 Kawilla Crest Pl.
88. Change Orders #1, as shown on page _________, to Work Orders #9 and #10 for CC-2183-07.
89. Amendment #1, as shown on page _________, to Work Order #49 for PS-5174-04.
90. Parks Contracts, as shown on page _________, for Services for the following: Malcolm McGregor, William Kelly, Mary Jane McGregor, Rolland Shea, Deborah McMillan, Kevin Runda, Shayna Kott and James A. Crumrine.
91. Work Order #69, as shown on page _________, to CC-1284-06.
92. Change Order #3, as shown on page _________, to RFP-5751-10.
93. Amendment #2, as shown on page _________, to Work Order #36 for PS-1529-06.
94. Work Order #15, as shown on page _________, to CC-2183-07.
95. Collection Services Agreement M-6857-11, as shown on page _________, with NRA Group, LLC.
96. Amendment #3, as shown on page _________, to Work Order #29 for PS-5190-05.
97. Bids as follows: RFP-601128-11; RFI-601147-11; RFP-601144-11; RFP-601128-11; RFI-601117-11; RFQ-601140-11; CC-6805-11; RFP-601151-11; #601165-11; RFQ-601171-11; and PS-6658-11.
Districts 1, 2, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Horan to authorize and approve the following:
32. Approval of Budget Amendment Resolution #2011-R-141, as shown on page ________, implementing (BAR) 11-81, recognizing $850,507 in additional FY 2010/11 Department of Children and Families Services revenues and correspondingly increasing the Sheriff’s FY 2010/11 operating budget by an equivalent amount.
33. Approval of Budget Amendment Resolution #2011-R-142, as shown on page _________, implementing (BAR) 11-87, recognizing $330,290 in FY 2010/11 Florida Department of Law Enforcement (FDLE)- Regional Drug Enforcement Strike Force (RDESF) revenues and increasing the Sheriff’s Office FY 2010/11 operating budget by an equivalent amount.
34. Approval of Budget Amendment Resolution #2011-R-143, as shown on page _________, implementing (BAR) 11-88, recognizing $6,776 in FY 2010/11 Unclaimed Evidence Funds and correspondingly increasing the Sheriff’s FY 2010/11 operating budget by an equivalent amount.
35. Approval for the Sheriff’s Office to execute and submit a Grant Application to the U.S. Department of Justice, FY 2011 Edward Byrne Memorial/Justice Assistance Grant (JAG) program and authorize the Sheriff to sign future documents relating to the grant.
Districts 1, 2, 4 and 5 voted AYE.
Joy Williams, Planning, addressed the Board to present request for reduction of the Code Enforcement Lien from $9,250 to $0.00 for Case #10-86-CEB on property located at 5974 N. CR 427, Sanford, Mark & Dawn Britton (previous owners), and Raymond E. & Jean E. O’Neal (current owners). She reviewed the background timeline of the item as outlined in the agenda memorandum. Staff is recommending approving the reduction of the lien from $9,250 to the administrative costs of $1,194.17. Staff is requesting that staff’s report be made part of the record.
District Commissioner Carey stated there was a lot of confusion on this particular case in the evidence that is in the backup. She stated Mr. O’Neal provided a notice of violation that was dated March 31, 2011 and that was a separate violation. Mr. O’Neal assured her that the property was not cleaned up on March 30. She added Mr. O’Neal indicated that the first violation was not cleaned up on March 30 and it was not taken care of until the first week in April. Mr. O’Neal also indicated that he did not receive a notice on the first violation but did receive one for the second violation.
Pamela Taylor, Code Enforcement Officer, addressed the Board to advise there were two separate cases and two separate violations. She stated the camper and rubble had been removed on March 20, but the junk vehicles, trash and tires remained until April.
District Commissioner Carey recommended reducing the lien amount to the administrative costs of $1,194.17 to be paid within 60 days.
Motion by Commissioner Henley, seconded by Commissioner Horan to approve a reduction of the Code Enforcement Lien from $9,250 to the administrative costs of $1,194.17, for Case #10-86-CEB on property located at 5974 N. CR 427, Sanford, Mark & Dawn Britton (previous owners), and Raymond E. & Jean E. O’Neal (current owners); require this reduced amount to be paid within 60 days; and authorize the Chairman to execute the Release of Lien upon payment in full, with staff recommendations.
Under discussion, Commissioner Dallari asked that the motion be amended that if it is not paid within 60 days, the lien will revert back to its original total amount of $9,250.
Commissioners Henley and Horan agreed to include that in the motion.
Districts 1, 2, 4 and 5 voted AYE.
Brian Walker, Growth Management, addressed the Board to present request to appeal the approval of the site plan for a Walmart store in the Greenway South Planned Unit Development (PUD), located on Aloma Avenue, near the intersection of Aloma Avenue and Deep Lake Road, Citizens, appellant. Staff is requesting that staff’s report be made part of the record. He submitted a notebook containing Record Traffic and Drainage Related Documents for Walmart at Deep Lake Road as well as e-mails and traffic statistics provided by concerned citizens (all received and filed). He gave a brief overview of the issues that were presented. Staff finds that the site plan complies with all the requirements of the Retail Commercial Zoning District as well as the requirements in the Greenway South Development Order. Staff has received 17 letters appealing the decision to approve the site plan for Walmart. He displayed a map (received and filed) showing the names and locations of all the appellants. The letters claim violations to the Code in areas concerning drainage, traffic, and hours of operation. Staff has done an analysis and they have found that with regard to traffic, the Walmart site plan does comply with the Land Development Code requirements. The traffic study does demonstrate that Seminole County’s requirements were met with regard to traffic capacity, safety and operational issues. He stated staff feels the drainage does comply with the Seminole County Land Development Code. The developer’s stormwater calculations demonstrate compliance with the County’s requirements for stormwater management. With regard to hours of operations, the discretionary power that the Planning Manager has to limit store hours was not triggered in this case because all of the criteria for doing so were not met. The Walmart site plan meets the applicable development requirements for the Land Development Code, including issues relating to traffic, stormwater and hours of operation. Staff recommends that the Board uphold the decision to approve the site plan for a Wal-Mart store in the Greenway South PUD. A copy of the overall site plan, aerial map showing the location of the property, and a site map were received and filed.
Chairman Carey advised because this is an appeal pursuant to Section 40.172 of the Seminole County Land Development Code, this is still not a public hearing. She read how the appeal process will be handled relating to speakers.
Nicole Guillet, Growth Management Director, addressed the Board to advise that Jeanne Myers has elected to yield her time to Susan Giarrusso.
Susan Giarrusso, 5429 Birchbend Loop, addressed the Board to review Section 30.449, Part 25 of the Planned Unit Development, of the Land Development Code. She stated since she feels that this provision has not been met, she is requesting that this item be continued so it can be sent to the Planning & Zoning Commission and be considered for rezoning.
Chairman Carey advised that the rezoning is not part of this appeal.
Kathy Furey-Tran, Assistant County Attorney, addressed the Board to advise that this is a site plan issue and the citizens need to address those issues.
Bryant Applegate, County Attorney, stated this meeting is strictly limited to what was stated in the appeal letters and nothing else.
Ms. Giarrusso asked if the other code violation regarding compliance with the preliminary master plan approval procedure is acceptable.
Upon inquiry by Ms. Guillet, Ms. Giarrusso advised her issue with the area is the amount of traffic that this is going to generate and if the traffic studies were acceptable, accurate and timely.
Mr. Walker stated the traffic study was done in 2006 for the entire area and it took into consideration the growth of the area and the fact that there would be a lot of retail activity. Staff made sure the site plan complied with the overall traffic regulations of the County, as well as FDOT requirements, and those were met.
Chairman Carey stated since Aloma was a DOT road, they had to meet the State requirements.
Ms. Giarrusso stated she feels that this traffic study is outdated and a new analysis should be warranted. She displayed and reviewed a map (received and filed) showing commercial and residential development since the last traffic study.
Upon inquiry by Commissioner Dallari, Mr. Walker advised allocations for future development was allocated in the traffic study. He stated staff determined how many trips will be generated by the activity in the area and, as it stands now, there are still 1,000 trips in surplus.
Ms. Giarrusso displayed a Trip Generation Summary for Concurrency (received and filed) printout for the 2006 traffic study, and stated staff says that 1,752 trips still remains, but they are not accounting for all the homes that were built behind that site. The estimated trips generated by that are 10 trips per home per day and it already exceeds that. She stated she would like to know how the Planning Department analyzes the conformance to the urban traffic study comparison with outdated data. The other issue is that Section 2.3, Trip Generation Factors and Traffic Impact Analysis, states that all of the studies use the ITE standards and they are regularly updated. She said she would like to know if 2003 is the most current study.
Ms. Giarrusso added she doesn’t feel that by bringing in this type of development will enhance the area but will be detrimental to the existing retailers, and will also decrease the property values of the homes in that area. Section B, Chapter 40 of the Land Development Code, refers to prevention of traffic hazards and congestion which results from narrow or poorly aligned streets and from excessive ingress and egress points along major traffic arteries, and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land development. The traffic in that area has increased substantially and they have to sit several minutes in order to get out of their community. They have to cross four lanes of traffic in order to go east to make a U-turn to be able to go west. There have been numerous accidents on the north side of Deep Lake Road and they have increased greatly. With regard to Section E relating to Safety from Fire, Panic and Dangers, they feel that the increased traffic will hinder emergency response time.
Chairman Carey stated the County has purchased a site in that area for a new fire station.
Ms. Giarrusso stated staff has indicated that the Walmart store is not directly adjacent to any residential properties, but it does front Stratford Green, and she feels that has been violated. She asked that the Board continue this item to allow staff time to reevaluate the zoning as it needs to be addressed.
Upon inquiry by Chairman Carey, Mr. Walker advised that Stratford Green is not part of the Greenway South PUD.
Brett Blackadar, Acting Assistant County Engineer, addressed the Board to state the County has a checkbook system for their concurrency data base. If a new development comes in, it is added to the system even if it is not developed and the trips (existing plus committed trips) are still in there. Even if the trips were not built, all of those trips were taken into account for the traffic study. The traffic counts for 2007 on that roadway is 41,000 and 2011 counts are 40,000.
Upon inquiry by Commissioner Dallari, Mr. Blackadar advised the traffic counts are usually done between January and April when school is in session.
Mr. Blackadar stated the generation summary that Ms. Giarrusso showed is actually the 2010 CPH update to the 2006 study that was done for Walmart. They used the latest ITE (8th edition) and the 7th edition was used for the 2006 study and trip rates did not change between those editions. Traffic accidents increased in 2010, but that road was under construction during that time; and most of those crashes (80 to 90%) were rear-end crashes and that is pretty typical of an intersection in an area that is congested.
Upon inquiry by Commissioner Dallari, Mr. Blackadar advised with regard to response time, the 2010 travel time delays study shows Level of Services B, C, and D in the a.m./p.m. peak periods.
Mr. Blackadar advised the Dean Road intersection was analyzed as part of this project and he believes even without taking the widening into consideration, it was operating in an acceptable level of service.
Mr. Blackadar and Ms. Guillet discussed with Commissioner Horan the traffic trips for Clifton Park and Stratford Green Subdivision.
Commissioner Horan stated the concern he has is residents along Deep Lake Road and customers of Kohl’s being able to get in and out of Deep Lake Road at SR 426.
Mr. Blackadar displayed an aerial map (received and filed) showing the intersection.
Commissioner Horan stated the concern he has at that intersection is when you combine the trips for the homes, Walmart and Kohl’s, if that will be acceptable.
Mr. Blackadar displayed an aerial map (received and filed) showing the PM peak analysis on Deep Lake Road at SR 426 and reviewed the traffic counts for Clifton Park, Greenway South, Greenway Point and Clayton Crossings. He stated staff looks at the volume of traffic as a whole and they determined that they needed to add dual lefts, westbound and eastbound, into the developments as well as three lanes northbound coming out of Deep Lake. Staff estimated that it would cost approximately $300,000 and they did a share analysis and each development paid a portion of that. Kohl’s paid $126,000 and that went towards the dual lefts westbound into the site as well as an extra lane. When Walmart comes in that lane would be opened up and signal head modifications will be done. They will achieve the build out of what they predicted when Walmart comes in.
Upon inquiry by Commissioner Horan, Mr. Blackadar advised that Walmart and Kohl’s are higher traffic generators. He displayed an analysis (received and filed) of the roadway capacity and reviewed same.
Wendy Saliga, 3055 Tuskawilla Road, addressed the Board to state she is representing Tuskawilla Homeowners South, Stratford Green, Ashford Park and Clifton Park. There has been a lot of sentiment that no one wanted this intense of a product. This property was zoned several years ago and it was supposed to be a certain intensity of a product by square footage. Walmart purchased additional land to increase the square footage, thereby, increasing traffic and many other concerns that correlate with that; and that should be taken into consideration. The sentiment that she keeps hearing is safety, the intensity of traffic and the adjacencies to the bus stops. She stated she has lived in the area for ten years and has been a part of the other projects in making sure that they were family friendly products. It is not necessary for Walmart to have a 24-hour operation, and there is no reason why they can’t have the same operating hours as Publix. She asked the Board to help the residents along this corridor.
Commissioner Dallari stated he has no problem with meeting with the HOA to discuss any future plans that are coming up.
At the request of Commissioner Dallari, Ms. Guillet explained how the hours of operation were determined. She displayed an aerial (received and filed) showing the location of the Walmart site and she advised the roadway intervenes between the Walmart site and the residential development. She stated because this doesn’t touch any residential development, staff determined that since the criteria for limiting hours of operation had not been met, they did not impose that limitation on this development.
Attorney Becky Furman Wilson, Lowndes Drosdick Doster Kantor and Reed, addressed the Board to state she agrees with staff’s presentation. She stated the appellants have not provided any evidence that the County improperly granted the approval of the site plan or the construction permit. This process has been going on over 1˝ years with staff; and when they purchased the property in this PUD, staff made sure that they dotted every “i” and crossed every “t”. The permitting process normally wouldn’t take that long. She displayed a PowerPoint Presentation (received and filed) and reviewed the location of the PUD on the aerial map. She continued by reviewing the Entitlements; Approvals Consistent with Entitlements; Appeals - Traffic; Appeal – Retention; Hours of Operation; and photos of the construction. Staff has worked hard in getting commitments from Walmart and incorporating them in the development orders. She stated she doesn’t believe that there has been any evidence produced by the citizens that demonstrates that any of the permits were granted illegally. She added she believes they have done everything in accordance with the codes and regulations. She asked that the Board uphold staff recommendations in accordance with their codes.
District Commissioner Dallari stated he received a number of letters and e-mails from the community and they were submitted into the Record.
Chairman Carey stated the Board received e-mails this morning as well and they were also submitted into the Record.
District Commissioner Dallari stated he attended two different meetings with the homeowners associations and he did not address this issue at that time, but staff did address all the issues at those meetings. He said he met with the applicant’s attorney last week and staff was also in attendance and they addressed the issues and he only listened to what was presented to staff. He added his decision today will be based on the evidence that is presented today. He recommended upholding the staff recommendations.
Motion by Commissioner Dallari, seconded by Commissioner Henley to uphold the approval of the site plan for a Walmart store in the Greenway South Planned Unit Development (PUD), located on Aloma Avenue, near the intersection of Aloma Avenue and Deep Lake Road; Citizens, appellant, with staff recommendations.
Commissioner Carey stated she met with Ms. Wilson and her decision is based on today’s testimony and her office has copied a lot of the correspondence as well and that has been submitted into the Record.
Commissioner Horan stated the concern he has is the Deep Lake Road intersection, and the trips appear to be allocated for certain types of intensity of mixed uses of residential and commercial. The evidence appears to show that the construction in place is less than the square footage that is approved, and less than the amount of committed and existing trips that have been approved for that particular area. He stated he feels the substantial evidence shows that the site plan complies with the requirements of Subsections 40.1(c), (d) and (e) as well as Subsection 40.1(c), (e) and (f). There is also substantial evidence that the development meets the criteria for the hours of operation pursuant to Section 30.1233(b) of the Seminole County Land Development Code. Therefore, he believes that the appeal has not substantially been proven and he will be voting denial of the appeal.
Districts 1, 2, 4 and 5 voted AYE.
Chairman Carey recessed the meeting at 10:40 a.m., reconvening at 10:47 a.m.
Brian Walker presented request to approve the Donnie Myers RV PCD Final Site Plan and Developer’s Commitment Agreement for 10.35 acres located on the SW corner of Orange Blvd. and Monroe Road, Robert Von Herbulis. The Board approved the PCD Major Amendment and Rezone on April 12, 2011. The final site plan is for phase one of a three-phase development. Staff recommends approval of the request.
District Commissioner Carey stated she has met with the applicant and land owners and she will make her decision based on the evidence and recommendations of the prior development order. She recommended that the Board approve the request.
Motion by Commissioner Dallari, seconded by Commissioner Henley to approve the Donnie Myers RV PCD Final Site Plan and Developer’s Commitment Agreement, as shown on page _______, for 10.35 acres located on the SW corner of Orange Blvd. and Monroe Road, Robert Von Herbulis.
Districts 1, 2, 4 and 5 voted AYE.
Lisa Spriggs, Fiscal Services Director, addressed the Board to present request to approve the tentative millage rates to be included on the Truth in Millage (TRIM) notifications and to set dates, time and place for the public hearings to adopt the tentative and final millage levy and budget for FY 2011/12. She reviewed the process of the notice and TRIM millage rates as presented in the agenda memorandum. The proposed budget is based on the reduced revenue estimates. The first public hearing is proposed to be scheduled on September 14, 2011 and final adoption is proposed for September 27, 2011 with both hearings to be held at 7:00 p.m.
Motion by Commissioner Henley, seconded by Commissioner Horan to approve the tentative millage rates to be included on the Truth in Millage (TRIM) notifications based on the millage presentation; and authorize staff to schedule the first public hearing for the adoption of the tentative budget for FY 2011/12 on September 14, 2011 at 7:00 p.m., and the second public hearing to adopt the final millage levy and budget for FY 2011/12 on September 27, 2011.
Districts 1, 2, 4 and 5 voted AYE.
Richard Petitt, Human Resources Manager, addressed the Board to present request for Symetra Reinsurance Renewal to prevent catastrophic claims from having a serious impact on the County’s fund balance. He stated staff has reviewed this and recommends that the Board adopt the worst case scenario or “as is” option. He reviewed the worst case scenario. The actuary is already under contract with the County and staff is asking that the Board authorize staff to use them to look at all pertinent documents and help them to set the rate equivalents for next year.
Chairman Carey stated this went before the Risk Management Executive Committee on June 26 and they recommended approving the renewal of the contract using the “as is” numbers in the attachment, and they will continue to work towards trying to get the rates down.
Upon inquiry by Commissioner Dallari, Chairman Carey advised staff will negotiate in trying to reduce the numbers.
Commissioner Dallari stated he feels it would be prudent that they be given an update.
Upon inquiry by Chairman Carey, Andrea Herr, AGIS, addressed the Board to advise Symetra Reinsurance has requested to review data through September 30, which means the carrier will provide that about mid-October, and staff could present the firm numbers for the January 1st renewal to the Board towards the end of October.
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize the “as is” option numbers; and authorize staff to negotiate with a certified actuary, who is currently under contract to the County, to set rate equivalents when plan modifications have been completed, with staff to report back to the Board.
Districts 1, 2, 4 and 5 voted AYE.
Mr. Petitt requested on-going discussions concerning modifications of various plans with the Blue Cross Blue Shield Florida (BCBSF) renewal. He stated BCBS has submitted a proposal for a three-year extension of their current contract and the extension includes a reduction of the current administrative fees. In addition, they will give the County $100,000 over the course of that three years, and it will be used over that time for specific wellness programs as directed by the Board or staff. If the County terminates the contract early, there will be a termination penalty of $100,000. Staff is recommending approval of the three-year extension.
Upon inquiry by Commissioner Henley, Mr. Petitt advised the three years will begin the first of the month after the Board approves the renewal. The County will actually see reductions starting next month.
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize renewing and completing a 3-year extension of the BCBSF contract, with the administration fees as stated in the proposal, as presented by staff.
Districts 1, 2, 4 and 5 voted AYE.
Upon inquiry by Chairman Carey, Ms. Herr advised with the Board’s approval today, the wellness program can start right away and it is a matter of engagement, starting with engagement from the top of the organization throughout.
Mr. Petitt advised the Board previously directed staff to do an RFP for pharmacy carve outs, so staff is removing it from BCBS to a potential independent agency. Staff has done an RFP and in the process of getting ready to release same, they discovered that they need to do a second RFP prior to releasing it so they can bid on a technical expert that will be able to evaluate the pharmaceuticals and compare Drug A to Drug A, as the staff does not have the technical ability to do.
Upon inquiry by Chairman Carey, Ms. Herr advised the vendors will bill the cost of the program into the claims fees. The way they would do the analysis is to show the Board the net result. This would be a that firm would do nothing but analyze pharmacy benefit management firms. It was determined that staff would go through a vendor of her choosing; and with new counsel in the place, staff prefers putting this out to market.
Upon further inquiry by Chairman Carey, Ms. Herr advised staff is asking the Board to hire the expert to do the analysis once they get all the bids back in and see what everybody I proposing. She stated the way they would build the RFP is they would not move vendors and there would be no cost to the County. If the company finds the County something with a savings, there would be a cost. Oftentimes, it is built in on a per claim fee that would be disclosed and then the County would negotiate that. She stated the options would come back in the RFP and it is similar to the way a commission level is disclosed in a insurance policy.
The consensus of the Board was to allow staff to go out with a new RFP.
Mr. Petitt advised that the Property Appraiser’s office expressed a potential interest in rejoining the County’s insurance plan. He asked for consensus from the Board to see if they want staff to move forward with same.
Upon inquiry by Chairman Carey relating to the financial impact, Mr. Petitt advised staff is doing some claims review and some modifications to find out how it will affect the County.
Chairman Carey stated she doesn’t have a problem with staff looking at that analysis, but before they come back into the plan, she would like to know what the impact will be.
Commissioner Henley stated he has no problem in pursuing this through the analysis.
Commissioner Dallari stated he has no problem moving forward with that.
Commissioner Horan stated he would like to know how much it will cost the County.
Upon inquiry by Chairman Carey, Mr. Petitt advised staff will submit that to the Risk Management Committee and bring back a recommendation to the Board.
Mr. Petitt presented request to renew the Short-Term Disability (STD) Plan with The Standard at the new rates with plan modifications. He stated the current policy allows the employees to supplement short-term disability with PTO so that they can continue to receive a full pay check. He stated staff would like to change the policy to where the employees must use their all of their PTO prior to engaging the short-term disability. With that change, the short-term disability cost that is paid directly by the employee will be reduced, therefore, they will pay a lower premium for the plan.
Upon inquiry by Chairman Carey, Mr. Petitt advised he has not discussed this with the employees who have the disability plan to see if they prefer having their rates decreased if they have to use all of their PTO in advance.
Commissioner Henley asked if this is going to be impacted by negotiations with the union.
Mr. Petitt stated he believes that the current collective bargaining agreement says that they have to make an offering of all the same benefits given to the employees.
Joe Forte, Deputy County Manager, addressed the Board to state his concern is the consequences that they found out when they put this program in place is that by supplementing their short-term disability, the employee technically goes three days in a leave-without-pay status. It is a consequence that they didn’t realize was happening when they allowed them to do this. It is an unintended consequence of the benefit the County is now providing. He stated before this benefit, the short-term disability was done externally and an employee can basically double-dip by getting their PTO while out on sick leave and then earn a short-term disability. He explained what the short-term disability program now provides.
Upon inquiry by Chairman Carey, Mr. Forte advised what staff is looking for at this point is to change the way that this benefit is administered to require the employees to use all PTO on the books before they can take advantage of the short-term disability. That will take effect on new enrollments next year, and it will not affect those that are currently enrolled in the program. The employees will be notified of this before they enroll in the program.
Upon inquiry by Commissioner Henley, Mr. Forte advised under the policy the County is now providing, an employee will use two weeks of their PTO before short-term disability kicks in.
Upon inquiry by Commissioner Dallari, Mr. Forte advised this was never imposed to the employees. Staff did not realize that this conflict was going to come up until it started happening. When they go through open enrollment next year, the employees will be informed that they have to use all their PTO before this kicks in.
Motion by Commissioner Horan, seconded by Commissioner Henley to approve renewal of the Short-Term Disability (STD) Plan with The Standard at the new rates with plan modifications effective January 1, 2012 through December 31, 2012, with staff recommendations.
Under discussion, Commissioner Henley stated there are a number of employees who have a tremendous amount of accumulated paid time off, which means they may not be able to use this benefit.
Meloney Lung, Central Services Director, addressed the Board to advise that the employees will be informed of this before they enroll in the plan.
Districts 1, 2, 4 and 5 voted AYE.
Jeff Hopper, Planning & Development, addressed the Board to present request to schedule and advertise a public hearing to amend Chapter 30 of the Land Development Code to address: (1) manufactured housing in the A-1 district; and (2) bed and breakfast establishments in the A-3, A-5, and A-10 districts. Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize scheduling and advertising a public hearing to amend Chapter 30 of the Land Development Code to address: (1) manufactured housing in the A-1 district; and (2) bed and breakfast establishments in the A-3, A-5, and A-10 districts, with the grandfather clause to be crystal clear.
Districts 1, 2, 4 and 5 voted AYE.
COUNTY MANAGER’S BRIEFING
The Board noted, for information only, the Informational Budget Amendment Status Report FY 2010/11 for the period ending June 30, 2011.
The Board noted, for information only, the Project Fiscal Summary FY 2010/11 through June 30, 2011.
Joe Forte, Deputy County Manager, addressed the Board to advise the Department of Juvenile Justice has indicated that the Seminole Juvenile Detention Center is terminating. He stated no action is needed at this time.
Chairman Carey stated the previous lease indicates that the tenant shall be responsible for the maintenance of the property and building at no cost to the owner. It also says that the tenant shall maintain said property and contents of the building in a good state of repair with normal wear and tear accepted. She stated she feels that building is a shambles and the County should go back to the Department of Juvenile Justice (DJJ) with a bill to bring it up to a level of normalcy.
Upon inquiry by Chairman Carey, Ms. Lung advised the roof was replaced in 2005 as well as some of the AC units. The County will have to fix one area of the roof. She stated staff will be happy to send DJJ a bill once everything is done.
Upon inquiry by Commissioner Dallari, Mr. Applegate advised when he was alerted to this, there was an issue about DJJ possibly removing fixtures from the building. He informed the individual in charge of leases at DJJ that before any action is taken, the County staff will inspect the building and make a list of things that are going to stay and damages that have occurred. He informed DJJ that the County expects that under the lease, all damages will be repaired by the State.
Upon further inquiry by Commissioner Dallari, Ms. Lung advised that nothing has been removed and staff has a list of everything. She stated staff can send DJJ a copy of that list.
Chairman Carey stated she feels that anything that the County is going to have to fix, as a result of DJJ’s lack of taking care of the building, the County should pursue that. She stated the next time the County has an opportunity to lease something to the State, the lease will be a lot more tighter.
Mr. Applegate stated he made it very clear to the State that the County expects certain things to occur and he will be very aggressive on this.
Commissioner Horan stated he feels that there is a provision in the lease and an assessment can be done as to what is and isn’t normal wear and tear. Staff can make that assessment and then send the State a bill.
Commissioner Henley requested a copy of what has been determined as DJJ’s responsibility.
Upon inquiry by Commissioner Dallari, Ms. Lung advised staff has documented the existing issues and they have photos of everything.
Mr. Applegate thanked the Sheriff’s Office in helping him to get the support they needed.
Chief Penny Fleming, Sheriff’s Office, addressed the Board to briefly report on the Juvenile Detention Center background. She stated the agreement has a termination clause in Section 8 as well as budgetary guidelines (Section 16). She stated the party’s responsibilities, the County’s and Sheriff’s Office responsibilities are in Section 5. Insurance requirements are highlighted in Section 11. The Sheriff’s Office has done an inventory of what was left and an analysis, through a County vendor, of the requirements of the roof repair. The State replaced the roof in 2005 and the report indicates that the roof is good for 10 to 12 years, but there are extensive repairs needed and that is included in the cost estimates. She added that four of the eight air conditioning units will need to be replaced. She referred to the cost estimates of improvements included in the packet and reviewed same. She stated the total cost of renovations is $721,000.
Commissioner Henley stated he has concerns with the last two “whereas” clauses in the agreement of page one. He said it concerns him that the County gives up “sole authority”. He cautioned the Board to be aware of policy changes as additional personnel may drive up the costs.
Chairman Carey stated if the County is going to authorize the Sheriff to operate this facility, they need to give him that authority. The County has the right to terminate the agreement with a 90 day notice.
Commissioner Henley stated the Board may avoid getting to the point where they will terminate the agreement if they do review the issues.
Mr. Applegate stated his office and the Sheriff’s Office agree, with a few changes, on the liability issues. The Sheriff has agreed to be the responsible party and indemnify the County for any improper actions or lawsuits that occur in their operations.
Commissioner Dallari stated if the County is asking the Sheriff to take on this responsibility, then they should allow him full authority to operate and utilize this facility as he feels fit. He stated he feels the 90-day clause to cancel this is acceptable.
Commissioner Henley stated he will be voting no on the agreement issue.
Motion by Commissioner Dallari, seconded by Commissioner Horan to authorize the Chairman to execute the Interagency Agreement, as shown on page ______, with the BCC and the Sheriff’s Office for the operation of the Seminole County Juvenile Detention Center, as presented by the Sheriff’s Office.
Under discussion and upon inquiry by Commissioner Horan, Commissioner Henley advised he feels that the “whereas” clause is an abdication of certain responsibilities.
Commissioner Horan asked if Commissioner Henley had a problem with changing the clause to “the County authorizes the Sheriff to fully and completely accept” instead of “fully and completely relinquish authority”.
Commissioner Henley stated he feels it is an improvement but it doesn’t completely solve it. He stated he would rather see subject to review.
Mr. Applegate stated he feels it should be clear that the Sheriff will be responsible for operating the JDC, not the County.
Susan Dietrich, Assistant County Attorney, addressed the Board to state the reason that was inserted in the agreement is to protect the County’s liability if they are named in the lawsuit.
Districts 1, 2 and 5 voted AYE.
Commissioner Henley voted NAY.
Chairman Carey thanked everyone for the hard work on SunRail. She advised the kickoff was held last Monday at Florida Hospital.
Chairman Carey stated she had an opportunity to introduce the new County Manager, James Hartmann, to the Mayors and Managers group meeting last Tuesday. She stated she also had an opportunity to serve as a panelist on the ULI panel last Friday.
Chairman Carey stated she and Commissioner Dallari gave the keys and cut the ribbon to the first LEED certified Habitat for Humanity home on CR 427 in Altamonte Springs. She stated another one is being dedicated on Saturday. She commended Habitat for doing a great job in providing nice homes.
Chairman Carey reminded the Board of a joint work session with the School Board at 7:00 p.m. tonight at the School Board chambers.
At the request of Chairman Carey, Mr. Applegate advised he has provided the Board with an e-mail advising that the County is under statutory obligation to forward any ballot propositions received from the School Board to the Supervisor of Elections. If the School Board calls for an election, they pay for the election and they are responsible to see that the election is properly advertised and they are responsible for the ballot voting and defending any legal challenges. He stated the millage election statute directs the BCC to move forward and place it on the ballot. He added he is of the opinion that the BCC has no authority to override the decision of the School Board as to when that election occurs.
Chairman Carey stated the School Board and the schools are an important part of this county and it would be negligent on their part if the BCC does not show up. She added the School Board felt that they had a need for the work shop and that is why they are having the meeting.
Chairman Carey stated the Metro Orlando Economic Development Commission reception is scheduled for July 27, 2011 at 5:30 p.m. at the Westin. She invited each Board member to attend, as well as the County Manager and County Attorney.
Chairman Carey informed the Board that the Seminole County update is scheduled at the Orlando Business Journal’s luncheon on Friday, July 29, 2011.
Chairman Carey reminded the Board of the Budget Work Session scheduled for August 4, 2011.
Chairman Carey stated the Purchasing and Contracts Division attained their reaccreditation certification from the National Institute of Government Purchasing. This accreditation award started in 2002 and Seminole County was the first in the State of Florida and the 43rd in the nation to receive this accreditation. She commended Mr. Hooper and his staff for this award.
Chairman Carey stated the University of Central Florida (UCF) has requested that the Board approve a Resolution of support for the UCF College of Dental Medicine. She stated the new facility will be located at Medical City as it is a great opportunity for the university.
Motion by Commissioner Dallari, seconded by Commissioner Henley to adopt appropriate Resolution #2011-R-144, as shown on page ________, showing support of the UCF College of Dental Medicine.
Districts 1, 2, 4 and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Horan stated an appointment to the Tourist Development Council (TDC) is required in his district as a result of a new owner at the Embassy Suites. He stated Dennis Hale can no longer serve because he no longer works for them. He said he does not know who is available at this time and he will be unable to make that appointment at this time.
Chairman Carey stated since the TDC has an important vote coming up, she would recommend that the TDC reschedule their meeting so that Commissioner Horan can make an appointment at a later date. She requested that the County Manager notify Sharon Sears to see if the TDC can reschedule their meeting.
Upon inquiry by Commissioner Henley, Mr. Applegate recommended that the Board make their appointments to the Charter Review Committee by the first meeting in August.
Commissioner Henley stated according to his calendar, he believes the TDC meeting has been rescheduled to August 2, 2011.
Upon inquiry by Chairman Carey, Mr. Applegate advised the Board’s standard practice is to make their appointments during a Board meeting. He recommended the Board continue with what they normally do until he has a chance to review same.
Chairman Carey stated, typically, the appointees serve until a commissioner appoints someone else, even if the term has expired.
Commissioner Horan stated Mr. Hale is apparently no longer eligible.
At the request of Commissioner Dallari, Meloney Lung advised that staff is in the process of getting appraisals for the soccer complex around Lake Sylvan. She stated the Board will probably get an update during the budget work sessions.
Commissioner Dallari requested an update on the Parks and Recreation during that time as well.
Commissioner Dallari stated he is ecstatic that the SunRail was passed. He stated there will be four stations in Seminole County and the Board needs to start looking hard at transit- oriented development (TOD). He requested staff to meet with the developers, land owners and lending institutions to look at how to maximize TOD development and bring back to the Board the timeline, goals, and objectives, as well as the city corridors. He stated in order to make SunRail a reality, the County needs to be pushing for TOD development.
Chairman Carey stated she agrees and they need to make sure that the County’s land development codes and zoning codes will support those kinds of densities.
Commissioner Henley stated he feels it may be appropriate for staff to come forward with Lynx as to the potential adjustments that will be required for the buses to service those stations.
Commissioner Dallari stated he feels the County needs to be very proactive and they need to engage the cities and make sure that, with the investments that the communities are putting into this, they are getting the maximum potential out of it and to move forward quickly.
Chairman Carey stated with all the stations being the cities’ jurisdiction, with the exception of Sanford, the County needs to make sure that they are also on board with similar zoning criteria and density allowances on the TOD zoning. She recommended scheduling a work session with the cities that have station stops.
Commissioner Dallari stated the Board needs to ask staff to bring back direction with the development communities, land owners, and lending institutions to see what is possible and what is and is not a reality.
Chairman Carey stated knowing some of the comments from the communities about issues with getting permits and things approved in the cities, the County needs to make sure that it is something that isn’t going to be painful to do. If it is, then it is going to be a challenge.
Commissioner Dallari stated the County will be looking at whether the cities are willing to join them with E-permitting.
Mr. Hartmann stated he can bring back a timeline outlining the description of what the Board will be expecting. He stated the announcement last week was extremely positive and puts them in a whole different mode. Even if the banks are not lending now, the County needs to get ready for what is coming. The design and development of the areas around the stations and critical transportation linkages have been identified and are in the mix of the study. He said he feels it is incumbent for everyone to bring these things together and it is a very good role for the County to serve as a catalyst for that. He added he will meet with staff to put some timelines together over the next couple of weeks.
Commissioner Dallari stated there were discussions at the last MetroPlan meeting that FDOT is closing on the properties in question and they have a lot of their contracts executed including the rail cars. He said he will ask FDOT to make a presentation to the Board.
Chairman Carey recommended that staff look toward the October time frame to schedule the work session.
COUNTY MANAGER’S REPORT
Mr. Hartmann stated the last six weeks have been productive and the Directors and staff have been trying to get him acquainted with their facilities and what they do. He said he will be bringing some reports on improvement recommendations to the Board at a later date.
Commissioner Henley stated the Board purchased 27 acres on the Lake Mary Blvd. extension with the intent of making some moves. He said he would like to know where staff is on the attempt to master planning that and if there is a target date for beginning construction.
Chairman Carey stated the Board has been looking at relocating their assets and buildings to the 5-Points area. She stated she feels that staff ought to look at that again to see about moving the Public Works yard at 5-Points to the property (27 acres) on Lake Mary Blvd. Staff probably needs to review the Future Land Use Map for that area as well. She asked if staff could give the Board an update on that during the Budget process.
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated two public meetings will be advertised for the redistricting proposals on August 10, 2011 from 6:30 p.m. to 8:00 p.m. at the Central Branch Library, and August 11, 2011 from 6:00 p.m. to 7:30 p.m. at the North Branch Library. He stated he, Mr. Hartmann and Nicole Guillet will be in attendance to answer any questions.
Upon inquiry by Chairman Carey, Mr. Applegate advised the final maps have been circulated to each Board member’s offices.
Mr. Applegate requested that the Board members make their appointments to the Charter Review Commission at the next BCC meeting (Aug. 9, 2011).
Mr. Applegate stated he is excited working with staff relative to SunRail. He stated it is important to start the process now. He said he has traveled the country working on TOD’s and the importance of communities connecting their zoning. He added he is making sure that the overlay districts are consistent with the goals of the areas in question. He stated he is also going to look for situations and communities that were in a similar situation with demographics and geography to see if they can learn from those areas.
Commissioner Dallari recommended that Mr. Applegate look at Salt Lake City.
Chairman Carey stated she feels the city mayors and managers are a good place to start this discussion to make sure that the cities understand the need for the TOD’s. She stated in order for SunRail to be successful, they have to have to that kind of development around the stations.
Commissioner Henley stated when they tried to find the proposed location of the stations, FDOT brought architects to brief each of the cities on the need to make their zoning changes.
Chairman Carey stated the County needs to make sure that the cities have adopted those plans so someone could come in and move forward with those kind of developments.
Commissioner Horan stated there has been a lot of ground work done on schematic designs for TOD developments around those particular sites. He said he was surprised how detailed the schematic designs are around the proposed stations.
Commissioner Horan stated the County is trying to sell surplus property in Lake Mary and there are some difficulties in getting the appropriate approvals. He said he will be working with some of the people in Lake Mary concerning that. This has been brought before the Board and was given an extension of time and the developer needs another one.
ITEMS FOR FUTURE AGENDA
John Casselberry addressed the Board to speak with regard to the School Board tax showing 7 mills. He discussed Seminole County and Orange County’s millage rate. He recommended that Seminole County put their millage on a per capita assignment to uniform patrol officers. He said he feels the School Board is going to push everyone into a higher tax bracket even if everyone else is trying to save money.
Commissioner Henley stated the millage that the School Board levies is at the direction of the State Legislature. The State tells them what millage they must enact in order to participate in State funds. They used to have the right to levy up to 10 mills and that has changed since the Legislature has taken over in telling them what they must levy. He added a mill in Orange County raises a lot more money than it does in Seminole County.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 12:07 p.m., this same date.