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.
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Clerk of Circuit Court Maryanne Morse
County Manager 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.
Central Services
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.
Community
Services
Business Office
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.
Environmental
Services
Business Office
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.
Utilities
Engineering
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.
Fiscal Services
Budget Division
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.
Leisure Services
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.
Public Safety
Business Office
24. Approve and
authorize the Chairman to execute appropriate Resolution #2011-R-137, as shown
on page ________, renaming Hill Crest Drive to Hillcrest Drive.
EMS/Fire/Rescue
Division
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.
Public Works
Engineering
Division
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:
Clerk's Office
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:
Sheriff’s Office
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.
REGULAR AGENDA
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.
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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.
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Chairman Carey recessed the meeting at
10:40 a.m., reconvening at 10:47 a.m.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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The Board noted, for information only, the Project
Fiscal Summary FY 2010/11 through June 30, 2011.
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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.
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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’S REPORT
Chairman Carey thanked everyone for the
hard work on SunRail. She advised the
kickoff was held last Monday at Florida Hospital.
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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.
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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.
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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.
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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.
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Chairman Carey informed the Board that the
Seminole County update is scheduled at the Orlando Business Journal’s luncheon
on Friday, July 29, 2011.
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Chairman Carey reminded the Board of the
Budget Work Session scheduled for August 4, 2011.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Mr. Applegate requested that the Board
members make their appointments to the Charter Review Commission at the next
BCC meeting (Aug. 9, 2011).
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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.
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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.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 12:07 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
er