BOARD OF
COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
AUGUST 9,
2011
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday,
August 9, 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)
Commissioner Dick Van Der Weide (District
3)
Maryanne Morse, Clerk of Circuit Court
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Carylon Cohen
Pastor Bob Boggess, Winter Springs
Seventh Day Adventist Church, gave the Invocation.
Commissioner Van Der Weide led the
Pledge of Allegiance.
PUBLIC
PARTICIPATION
R. T.
Hillery, Florida Specs, 604 E. 7th Street, addressed the Board to
speak regarding Item #5, Form SR-424 and certifications contained in the
2011-2012 One-Year Action Plan for submittal to the U.S. Department of Housing
and Urban Development. He said they have
been working with East Altamonte, the School Board and Seminole Behavioral
Community Based Care of Central Florida on a partnership to use the Rosenwald
School facilities and would like some consideration be given to that
project. He explained they had spoken to
the staff regarding this, but it was after the deadline date so the staff
couldn’t do anything. The only way they
can do anything is at a public hearing, so they are asking for the Board’s
consideration today as this is the last time the Board could finalize
everything so that it can go before HUD by the end of this week. He said the organizations have already
secured a $9 million grant over a six-year period to bring community services
to the different communities. This is a
great location and they are willing to work with them as a pilot program in the
East Altamonte area. They chose this
facility because they were looking for some utility money to connect them to water
and sewer in Altamonte Springs. The
grant money cannot be used to do the infrastructure, but it can be used to
provide the services and the programs. That
was the only area they saw that funding could be set aside for doing utility
hook-up and services like that.
Commissioner
Henley stated he had conversations with Paul Sneed who is working with that
group. He also spoke with Superintendent
Vogel yesterday regarding this request.
He received an e-mail from Mr. Berko asking him to pull this item from
the Consent Agenda, but he won’t do that for the reason the deadline is August
15 and the BCC will not be meeting again in order to do that. Additionally, the closeout on requests was
last April and the County is just now getting this request. It is a $150,000 project; and if it remains
as a school, they don’t have to have the sewage. It’s a similar situation to what they had at
Midway School. The Board would be
enhancing the problem. Superintendent
Vogel told him they did not want to sell the school now because he thinks it
might be more valuable with SunRail coming.
Commissioner Henley said he spoke to Mr. Sneed and explained the
situation and he completely understood. Staff
indicated if monies became available at a later date, or if some project did
not go through, then the Board could at that time give it some consideration if
that is the desire of the Board.
Chairman
Carey said she had questions yesterday about an item on the agenda in her
district for the Bookertown Neighborhood Park rehabilitation. She asked and County Attorney Bryant
Applegate affirmed that the Board can amend the plan after it is adopted. She read that this was a two-year project,
but she never received an answer as to what they are doing for that. They have a lot of community needs and need
to spread those around. Because of the
timing on this, if it gets adopted today, they can look at amending it at a
later date once they have further discussions from staff about how the money actually
gets allocated. She thinks they will
have an opportunity to come back and talk about this again. She has some questions she wants answered
about that particular project regarding Bookertown.
Commissioner
Henley said staff indicated that by October, they would have a feel for what
would become available for the Board’s consideration at that time.
Chairman
Carey concluded that the item will not be pulled from the agenda today, but it
will be discussed in the next couple of weeks for future consideration to be
amended.
COUNTY
MANAGER’S CONSENT AGENDA
County Manager Jim Hartmann
addressed the Board to advise of changes to the Consent Agenda as follows: for Item #3, award of CC-6877-11, Red Bug
Flyover, to The Middlesex Corporation, the funds for this project are available
in Capital Project #00226301. This also
relates to Item #12A on the agenda. He
advised for Item #5, Chairman to execute form (SF-424) and all certifications contained in the 2011-2012 One-Year Action Plan, for
submittal to the U.S. Department of Housing and Urban Development (HUD), there
were some typographical errors on pages 46 and pages 47, so staff corrected and
changed those pages; staff added to the agenda Item #12A, Chairman to execute a
Resolution implementing Budget Amendment Request through the 2001 Sales Tax
Fund in the amount of $9,073,554; and he corrected that Item #13, Chairman to
execute Conservation Easement for Kewannee Park, is in District 4 and not in
District 5.
Commissioner Horan
advised he will be abstaining from voting and filing a Memorandum of Voting Conflict
regarding Item #3.
Chairman Carey pulled Item #3 for a separate vote.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize
the following:
Purchasing & Contracts Division
1. Approve
an increase to the Board-approved estimated annual usage for PS-4650-09/VFT -
Construction, Engineering and Inspection (CEI) Services for the Pedestrian Tunnel
at Lake Mary Blvd. & International Parkway by an additional $300,000.
2. Award CC-6783-11/DRR, as shown on page _______, Country Club Well
#3 Construction, in the amount of $179,900, to Applied Drilling Engineering,
Inc., of Tampa, Florida; and authorize the Purchasing & Contracts Division
to execute the Agreement.
4. Award RFP-601128-11/TLR, as shown on page _______, Seminole County
Library Book Lease Program to McNaughton, a Division of Brodart Co., Williamsport,
PA; and authorize the Purchasing and Contracts Manager to execute the Agreement.
Community
Services
Community
Assistance Division
5. Approve and
authorize the Chairman to execute form (SF-424), and all certifications, as
shown on page _______, contained in the 2011-2012 One-Year Action Plan, for
submittal to the U.S. Department of Housing and Urban Development (HUD), to
procure Community Development Block Grant (CDBG), Home Investment Partnerships
(HOME), and Emergency Shelter Grants (ESG) Program funding.
6. Approve
Substantial Amendments to both the 2010-2015 Consolidated Plan and the
2010-2011 One-Year Action Plan to allow for housing acquired and rehabilitated
with CDBG and HOME Program funding to be used, not only as Transitional
Housing, but also as Permanent Supportive Housing.
Environmental
Services
Business Office
7. Approve the release of the original Water & Sewer Maintenance
Agreement with Letter of Credit (LOC #3169) for the project known as Ligonier
Academy of Theology in the amount of $11,504.00.(Ligonier Ministries, Inc.)
Fiscal Services
Budget Division
8. Approve and authorize the Chairman to
execute appropriate Resolution #2011-R-145, as shown on page _______, implementing
Budget Amendment Request (BAR) #11-53 through the Community Services Grant Fund
in the amount of $249,120 to increase funding for the Community Services Shelter
Plus Care 1, Renewal 2, Grant Program.
9 Approve and authorize the Chairman to
execute appropriate Resolution #2011-R-146, as shown on page _______, implementing
Budget Amendment Request (BAR) #11-84 through the General Fund in the amount of
$986,600 to increase funding for the Community Services County-mandated costs.
10 Approve and
authorize the Chairman to execute appropriate Resolution #2011-R-147, as shown
on page _______, implementing Budget Amendment Request (BAR) #11-91 through the
Jail Project/2005 Fund in the amount of $1,238,707 to close the Jail Expansion
project and provide funding for improvements to the Juvenile Detention Center located
at 200 Bush Blvd., Sanford, FL.
11. Approve and authorize the
Chairman to execute Budget Change Request (BCR) #11-10, as shown on page
_______, through the General Fund in the amount of $22,000 to install a metal
canopy over the crematory at the Animal Services building.
12. Approve and authorize the
Chairman to execute Budget Change Request (BCR) #11-12, as shown on page
_______, through Stormwater Fund in the amount of $70,000 to increase funding
for the Lake Jesup Seepage Study.
12A. Approve and authorize the Chairman to execute
appropriate Resolution #2011-R-148, as shown on page _______, implementing
Budget Amendment Request (BAR) #11-92 through the 2001 Sales Tax Fund in the
amount of $9,073,554 to recognize reimbursement revenue from the Florida
Department of Transportation (FDOT) and increase the budget for the SR 436/Red
Bug Lake Road Interchange project.
Leisure Services
13. Approve and authorize the
Chairman to execute the Conservation Easement, as shown on page _______, for
Kewannee Park per St. Johns River Water Management District’s Permit No.: 40-117-65652-1.
Public Works
Engineering
Division
14. Adopt appropriate
Resolution #2011-R-149, as shown on page _______, and authorize the Chairman to
execute a Local Agency Program (LAP) Agreement, as shown on page _______, with
the Florida Department of Transportation for the construction of sidewalks on
Orange Avenue and Seminole Avenue in the vicinity of Eastbrook Elementary
School. (FDOT - FPN: 429597-2-58-01)
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve and
authorize the following:
Purchasing &
Contracts Division
3. Award
CC-6877-11/JVP, as shown on page _______, Red Bug Flyover to The Middlesex Corporation
of Littleton, MA in the amount of $24,479,146.37 and authorize the Purchasing
& Contracts Division to execute the Agreement.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Horan
abstained from voting and filed a Memorandum of Voting Conflict Form, as shown
on page _______.
Constitutional Officers’ Consent Agenda
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and
authorize the following:
Clerk's Office
15. Approval of Expenditure
Approval Lists, as shown on page _______, dated July 11 & 18, 2011; Payroll
Approval List, as shown on page _______, dated July 7, 2011; BCC Minutes dated
July 26, 2011; BCC Destruction List as identified; and 2010 Property Tax Roll
Final Report, as shown on page _______.
Districts 1, 2,
3, 4 and 5 voted AYE.
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The Board noted, for information only, the
following Clerk's “received and filed”:
1. Vendor
Link Procurement Software Agreement, as shown on page _______, for Seminole
County’s Procurement System Project.
2. Work
Order #66, as shown on page _______, to CC-1284-06.
3. Amendment
#2, as shown on page _______, to Work Order #4 to PS-4906-09.
4. Work
Order #68, as shown on page _______, to CC-1284-06.
5. Change
Order #1, as shown on page _______, to Work Order #35 to CC-2184-07.
6. Change
Order #1, as shown on page _______, to Work Order #63 to CC-1284-06.
7. Change
Order #4, as shown on page _______, to CC-5083-10.
8. Work
Order #40, as shown on page _______, to CC-2184-07.
9. Change
Order #2, as shown on page _______, to Work Order #37 to CC-2184-07.
10. Generator Replacement Services Agreement
#CC-6548-11, as shown on page _______, Chinchor Electric Inc.
11. Howell Creek Drive Outfall Improvement Project
Drainage Easement; Joinder and Consent of Mortgage; and General Release, as
shown on page _______, for Thomas H. and Cathy L. Dewitt.
12. Change Order #1, as shown on page _______, to
Work Order #39 to CC-2184-07.
13. Change Order #6, as shown on page _______, to
Work Order #22 to CC-2184-07.
14. Copy of Letter to Chairman Carey from Clerk of
Circuit Court Maryanne Morse submitting the Executive Summary Claim Audit of
Blue Cross Blue Shield.
15. Claims Audit of Blue Cross Blue Shield
performed by Dillabough & Associates.
16. Change Order #1, as shown on page _______, to
Work Order #37 to CC-2184-07.
17. Change Order #7, as shown on page _______, to
CC-3631-08.
18. Change Order #2, as shown on page _______, to
Work Order #8 to CC-2183-07.
19. Change Order #5, as shown on page _______, to
Work Order #23 to CC-2184-07.
20. Assistant Tennis Pro Agreement, as shown on
page _______, Taryn Lamonettin.
21. Work Order #26, as shown on page _______, to
PS-4388-09.
22. Letter to Chase Freeman, P.A., from Leticia N.
Figueroa, Purchasing and Contracts Division, acknowledging Renewal #1 for
RFP-600887-10, Counsel for the Value Adjustment Board.
23. Notice to Proceed, as shown on page _______,
for Work Order #40 to CC-2184-07.
24. Work Order #65, as shown on page _______, to
CC-1284-06.
25. CC-6805-11 Sanitary Lift Station at Fire
Station #36 Agreement, as shown on page _______, Construction Management
Associates, LLC.
26. Work Order #17, as shown on page _______, to
CC-2183-07.
27. Amendment #1, as shown on page _______, to
PS-5738-10.
28. Work Order #1, as shown on page _______, to
PS-5738-10.
29. Amendments #1, as shown on page _______, to
CC-5544-10 for The Briar Team and JCB Construction, Inc.
30. Amendments #1, as shown on page _______, to
CC-5075-10 for AJC Construction, The Briar Team, and JCB Construction, Inc.
31. Fifth Amended and Restated Development Order,
as shown on page _______, for Lake Forest Development of Regional Impact, as
approved by the BCC on March 22, 2011.
32. Amendment #1, as shown on page _______, to
Work Order #70 to PS-1529-06.
33. Amendment #1, as shown on page _______, to
Work Order #71 to PS-1529-06.
34. Administrative Memo and Change Order #1, as
shown on page _______, to Work Order #8 to CC-1284-06.
35. Amendment #3, as shown on page _______, to
IFB-600591-09.
36. Bids as follows: CC-6792-11; IFB-601101-11; RFQ-601172-11;
601193-11 and RFQ-601186-11.
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Motion
by Commissioner Dallari, seconded by Commissioner Henley, to approve and
authorize the following:
Sheriff’s Office
16. Approval to
expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution
to Brethren Reaching Out in support of its youth programs and activities.
17. Approval to expend $10,500 from
the Law Enforcement Trust Fund for the purchase of drug free calendars designed
by Seminole County students.
Districts 1, 2,
3, 4 and 5 voted AYE.
REGULAR
AGENDA
Ray
Hooper, Purchasing and Contracts Manager, addressed the Board to present the
request to review, rank and select a firm for RFP-601144-11/TLR, Disclosure
Counsel Services; and authorize the Purchasing and Contracts Manager to execute
the Agreement. He advised the County
received three proposals from Broad and Cassel, Bryant Miller Olive, P.A. and
Holland & Knight LLP. Copies of each
of the proposals were provided to the Board on July 19. He reviewed the draft agreement terms. He provided ranking sheets to the
Commissioners and asked them to rank each firm with #1 as the top-ranked
firm.
Mr. Hooper read into the Record the ranking
results as follows: Commissioner Van Der
Weide - #1, Holland & Knight LLP; Commissioner Henley - #1, Holland &
Knight LLP; #2, Broad and Cassel; and #3, Bryant Miller Olive, P.A.;
Commissioner Carey - #1, Holland & Knight LLP; #2, Broad and Cassel; and
#3, Bryant Miller Olive, P.A.; Commissioner Dallari - #1, Holland & Knight
LLP; #2, Bryant Miller Olive, P.A.; and #3, Broad and Cassel; and Commissioner
Horan - #1, Holland & Knight LLP; #2, Bryant Miller Olive, P.A.; and #3,
Broad and Cassel. He advised the total
#1 ranked firm is Holland & Knight. The
#2 ranking was tied.
Mr. Hooper noted that Commissioner Van Der Weide had
not ranked #2 and #3 firms, so the ranking sheet was returned for him to do so
at this time. Mr. Hooper reported that
Commissioner Van Der Weide ranked #2 as Broad and Cassel and #3 as Bryant
Miller Olive, P.A. The total scores ranked
Holland & Knight LLP as #1, Broad and Cassel as #2, and Bryant Miller
Olive, P.A. as #3.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the
ranking as announced and authorize the Purchasing and Contracts Manager to
execute the Agreement, as shown on page _______, for RFP-601144-11/TLR, Disclosure Counsel Services, with
Holland & Knight LLP.
Districts 1, 2, 3, 4 and 5 voted AYE.
The ranking sheets from the Commissioners
were received and filed.
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Jim Duby, Program Manager
of Greenways & Natural Lands Division, addressed the Board to present the
request to seek further Board direction for moving forward with creating
a partnership with the Florida Fish and Wildlife Conservation Commission and
the Wildlife Foundation of Florida to establish a regional Youth Conservation
Center on County-owned property. He
reviewed the background of this request that came before the Board last year
when the Board directed staff to work with these two groups and develop a proposal. In the interim, staff has been meeting with
the groups looking at County-owned properties and other Youth Conservation
Centers throughout the State. He advised
that today in attendance is Commissioner Ken Wright, Florida Fish and Wildlife
Conservation Commission, Larry Dale, and Brett Boston, Executive Director of
the Wildlife Foundation of Florida.
Ken Wright addressed the Board to state this is
probably one of the most important objectives, directives and mission of his
Commission, Florida’s youth. He
submitted to the Board copies of the booklet (copy received and filed),
“Creating the Next Generation that Cares!”
He said there is, throughout the country, a decline in youth activities
out of doors. They have appropriately
dubbed this mission as capturing the last generation that cares. He reviewed the history of this
initiative. He said Larry. Dale has a
lease on the subject property that is expiring in the next year and he is
present today to provide his support and urge the Board to proceed with
allowing staff to work with them on this effort. Mr. Wright said he and Brett Boston are here
to answer any questions the Board may have.
Chairman Carey stated there are over 6,000 acres of
natural lands in the County that the Board feels should be available to the
public, but she thinks there are a lot of unanswered questions still in her
mind. She has questions she would like
to have staff come back to the Board to discuss, like if the Board puts up the
land and the Wildlife Commission puts up the facility, who will manage it, how
will the costs be shared, are fees involved and, if so, how will they be
shared. She thinks Mr. Dale has three
years left on his lease; and the last time she talked to him, he was not
interested in giving that up early. She
asked if this is a phased approach, what is that phase and where will they
start. She also questioned which piece
of property is the right piece. She said
she doesn’t know these answers and that is the kind of information she needs before
she can give her direction. She doesn’t
want to obligate future Boards to a financial burden that they may not be able
to sustain.
Mr. Wright said the direction he is seeking is only
the guidance of the County Commission, and if that is to continue the
discussions to answer the questions raised by Chairman Carey, that would be a
good outcome. He said any agreement
between the County, the Commission and the Foundation would involve the
resolution of the questions she presented.
The Commission would be in a position to manage and assist in the
management with the County and there is the ability to fund and provide the
cost of infrastructure from the Foundation.
He explained that the idea is to create another generation that will be
not only outdoor people but outdoor equipment purchasers, so that’s where a lot
of the funding will come from. He said
Mr. Dale has traveled with them and been intimately involved in all the
discussions. It will take some period of
time to get to the point where the land would be needed, so Mr. Dale has been
perfectly willing to allow the use of the land for every purpose that would be
necessary throughout this process. It
will very likely take through the end of his lease to accomplish that. They don’t want to wait until then to
begin.
Commissioner Henley said he has some of the same
questions as Chairman Carey, and every action they take is going to prompt new
questions. He thinks the Board expressed
early on that they wanted to enter into this type of agreement; and at the
appropriate time, he is prepared to make a motion which will hopefully give
staff some direction.
Commissioner Dallari said he agrees with Commissioner
Henley that as they move forward there will be more and more questions. He said his questions cannot be addressed
until they move forward. This is the
time to flush out all the questions to figure out what the partnership is. He thinks it is prudent to move forward to
have a semi-quasi, private-public partnership.
He also thinks it is important for the citizens to understand what they
are doing, how they are doing it and that they are trying to open the natural
lands to all people, not just in Seminole County but in Central Florida. He encouraged the Board to move forward to
flush out these questions and ideas.
Commissioner Horan stated he thinks the questions
raised are really good ones and it is premature to answer them now, because at
this point, he understands staff is asking the Board’s direction regarding
creation of the Memorandum of Understanding.
What they are talking about is, does the County Commission believe this
kind of land use in that particular area is something that would be
beneficial. He said he does believe that
and was very excited about the concept.
One of things they need to protect in that particular area is development
that is not too intense, but something that is a multi-use conservation area
that has zip lining, archery, shooting ranges, and related hiking is very
exciting to him; and he would be in favor of voting for this particular area.
Chairman Carey stated the Board has not honed in
exactly that this is the ideal place, but they think the Boar’s Nest is the
ideal place because it is a large piece of property on the water and is one of
the few they have. Whereupon,
Commissioner Horan said he will be voting in favor of this Youth Conservation
Center, wherever they might put it.
Commissioner Van Der Weide said he is very familiar
with this property and he can’t think of any place in Seminole County that
would be more suitable for a project like this.
Having been on the property himself, he can’t see that it would be any
harm to the neighbors or anything else.
As far as usage with the teenagers, he thinks that would be beneficial
to them and to the community. He said he
would not want to restrict or limit the group in any way with the
activities. He thinks this would be the
ideal spot, and he would be in favor of moving forward to give staff the
appropriate directions.
Chairman Carey said she would like to see them come
back with some type of proposal. She
thinks they can start with some of the facilities they have with some of the
smaller programs within the next year or two.
She iterated the Board would like to understand the cost factors and all
the things they would be looking at.
Motion
by Commissioner Henley, seconded by Commissioner Horan, to direct staff to
create a Memorandum of Understanding with the Florida Fish and Wildlife
Conservation Commission and Wildlife Foundation of Florida to move forward in a
unified effort in the planning stages to create and operate a Youth
Conservation Center on a yet-to-be-determined piece of property that is owned
by the County.
Under discussion, Chairman Carey said all the things
discussed-cost, location, and phasing-will be what the Board would like to see come
back as part of the Memorandum of Understanding.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Hartmann advised the
Board members each have three appointments to the Charter Review Commission (CRC)
that he would like to see them make this morning. He reviewed the required membership as given
in the staff report.
Commissioner Dallari made
the following appointments: Regina Bereswill,
city of Oviedo; Tom Boyko, unincorporated area; Jeff Bauer, at large.
Commissioner Horan made
the following appointments: Mark Wylie,
city of Winter Springs; Patti Chastain Green, city of Lake Mary; and he
deferred the appointment for the unincorporated area until this afternoon.
Commissioner Van Der Weide
made the following appointments: Michael
Bowdoin, unincorporated area; Kimberly Carroll, city of Altamonte Springs; and
Daryl McLain, at large.
Commissioner Henley made
the following appointments: Larry
Strickler, unincorporated area; Bob McMillan, city of Longwood; and Allen Sneath,
city of Casselberry.
Commissioner Carey made
the following appointments: Sherry
Bellomo, city of Sanford; Stephen Coover, unincorporated area; and James Dicks,
at large.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve the
above-named appointments made by each Commissioner to serve
on the Charter Review Commission (CRC) for the years 2011/2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Applegate advised that his office is
preparing a three-ring binder with background information for each of the CRC
members. A meeting is scheduled for
September 22, at which time he will make a presentation on the Sunshine Law and
public records.
Chairman Carey asked each Commissioner to
provide the names and contact phone numbers for the appointees to the County
Manager this afternoon, and also provide a copy (received and filed) to the
Clerk’s Office.
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Chairman Carey reminded the Board of the
Executive Session to be held upstairs immediately following the Board meeting
this afternoon.
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Chairman
Carey recessed the meeting at 10:12 a.m., reconvening at 1:35 p.m., with all
Commissioners (with Commissioner Henley entering late) (with the exception of
Clerk of Court Maryanne Morse) and all other Officials with the exception of
Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who
were present at the Opening Session.
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Commissioner
Henley entered the meeting at this time.
PROOFS OF
PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to authorize the filing of the proofs of
publication for this meeting's scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
ORDINANCE AMENDING CHAPTER
40
SEMINOLE
COUNTY CODE
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to adopt an Ordinance amending Chapter 40, Building and
Construction, Seminole County Code of Ordinances, revising certain
administrative matters related to the Florida Building Code, received and
filed.
Nicole
Guillet, Growth Management Director, addressed the Board to review the purpose
of the request as outlined in the agenda memorandum. She stated staff has provided color-coded
modifications (received and filed) of where the different changes came
from.
Upon
inquiry by Commissioner Dallari, Ms. Guillet advised roofing permit issues are
addressed in this ordinance.
No one
spoke in support or in opposition.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Dallari to adopt Ordinance #2011-19, as shown
on page _______, amending Chapter 40 of the Seminole County Code of Ordinances
addressing administrative matters related to the Florida Building Code.
Districts
1, 2, 3, 4 and 5 voted AYE.
ORDINANCE AMENDING SEMINOLE
COUNTY
CODE/GENOVA DRIVE MSBU
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to amend Chapter 160 of the Seminole County Code by deleting
Article XVI of Part 7 per closure of the Genova Drive Water Services Municipal
Services Benefit Unit, received and filed.
Kathy
Moore, MSBU Program, addressed the Board to state the Genova Drive Water
Services MSBU was established in 1999.
She stated staff is requesting approval to amend Chapter 160 of the
Seminole Code to update the closed status of this MSBU.
No one
spoke in support or in opposition.
Motion by Commissioner Horan,
seconded by Commissioner Van Der Weide to adopt Ordinance #2011-20, as shown on
page _________, amending Chapter 160 of the Seminole County Code by deleting
Article XVI of Part 7 per closure of the Genova Drive Water Services MSBU.
Districts 1, 2, 3, 4 and 5 voted AYE.
LAKES
BURKETT/MARTHA AQUATIC WEED CONTROL MSBU
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to adopt an Ordinance establishing the Lakes Burkett/Martha
Aquatic Weed Control MSBU, received and filed.
Kathy
Moore stated the two lakes are interconnected via a central canal and are
located in the southeast quadrant of Seminole County. She stated the request was initiated by
application from property owners on Lake Burkett and subsequently through
formal petitioning. Since the lakes are
located between Seminole and Orange counties border, the aquatic weed control
services will require coordination with Orange County. An interlocal agreement defining the working
relationship between the two counties has been drafted and will be submitted
for Board approval in September. She
stated the cost share assessment between the two counties will be 23% for
Seminole County and 77% for Orange County.
That is based on the number of parcels on the lakefront in each county
and that is divided by the percentage of the total parcels. The recommended cost share per waterfront
parcel is $725.00. The proposed MSBU is
an ongoing variable full rate MSBU and is subject to annual review and
adjustment of the assessment. Staff
recommends approval of the request.
No one
spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Henley to adopt Ordinance #2011-21, as shown on page
________, establishing the Lakes Burkett/Martha Aquatic Weed Control MSBU.
Under
discussion and upon inquiry by Chairman Carey, Ms. Moore advised the MSBU
Program will be monitoring this closely to make sure that Orange County
establishes an MSBU.
Commissioner Dallari stated he has
visited that lake with staff and he is amazed how much the weeds have taken
over those two lakes. He stated both
entities are working together on this issue.
He thanked staff for their hard work on this as well as working with the
citizens.
Chairman
Carey stated Seminole County is ahead of Orange County on this and she wants to
make sure that they are on board as well.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSOLIDATED
STREET LIGHTING DISTRICT ORDINANCE
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to adopt an Ordinance amending the Consolidated Street
Lighting District Ordinance, repealing and replacing Ordinance #2010-16,
received and filed.
Kathy
Moore reviewed the proposed revisions to the ordinance. She stated included in the proposed ordinance
is administrative assessment boundary adjustments to improve the assessment
allocations in the vicinity of Winwood Park, Cypress Head Trail, Winter Woods
Blvd., Casa Aloma Way and Chuluota. She
stated, if approved, the ordinance would be effective October 1, 2011.
No one
spoke in support or in opposition.
Motion by Commissioner Henley,
seconded by Commissioner Dallari to adopt Ordinance #2011-22, as shown on page
________, amending the Consolidated Street Lighting District Ordinance,
repealing and replacing Ordinance #2010-16.
Districts
1, 2, 3, 4 and 5 voted AYE.
2011 NON-AD
VALOREM ASSESSMENT ROLL
Proof of
publication, as shown on page ________, calling for a public hearing to
consider a Resolution adopting the 2011 Non-Ad Valorem Assessment Roll for all
MSBU’s established within the boundaries of Seminole County, received and
filed.
Kathy
Moore reviewed what the resolution is comprised of as outlined in the agenda
memorandum. She stated typically these
public services are provided in response to the request of property
owners. She added with the exception of
the MSBU’s created today, the assessment rates were authorized by the BCC on
April 26, 2011. She reviewed the summary
of the Non-Ad Valorem Assessment revenue generated via the consolidated
assessment roll. She submitted property
owner responses (received and filed) to the notices. She said after the Roll was generated and the
notices were mailed, approximately 700 properties have requested changes to
their service options for solid waste assessment. The MSBU Program will continue to accept
these service option change requests until September 1. These option changes and minor updates will
be included in the final roll submitted to the Tax Collector in September. Staff recommends approval of the request with
certification.
John
Shepard, 4130 Rooster Ct., addressed the Board to state he received an addendum
to his tax roll changing his garbage service.
He said he called the MSBU Department and was told that they have
provided a central pickup location where he can take his trash and that is why
he has lost his exemption. He stated he
has lived in this area since 2004 and nothing has changed. He added he doesn’t understand why he is
paying the same amount of money as those walking their trash to the street and
walking right back to their house. He
displayed and reviewed copies of photographs (received and filed) showing his
and his neighbor’s driveway, his neighbor’s property, and showing the location
of mailboxes where the garbage haulers want him and his neighbors to drop off
their garbage.
Upon
inquiry by Commissioner Henley, Mr. Shepard advised most of the time his
neighbor will drop their trash at the transfer station or he will drop it in a
dumpster.
Chairman
Carey stated she has requested that the County Manager review this to see what
has changed.
Upon
inquiry by Commissioner Dallari, Johnny
Edwards, Solid Waste Manager, addressed the Board to state a couple of months
ago, staff did an audit to see why there were a couple of properties along
Rooster Court that were paying for residential collection and there were a
couple that were not.
Upon
inquiry by Chairman Carey, Mr. Edwards advised staff did an inspection of what
was going on during collection days and it looked like there was one central
collection location on Ronald Reagan Blvd.
There are 10-15 central collection locations around the County in cases
of restricted access in which a garbage truck cannot go on a private drive.
Upon
inquiry by Commissioner Henley, Ms. Moore advised that staff prepares the
Non-Ad Valorem Assessment Roll every year and there are a dozen of audits that
they do with the information. One of the
audits is looking at the exemptions.
There are some exemptions for solid waste that require annual
application and the property owners have to resubmit an application to receive
the exemption. The two categories that
do not require owner application are Agricultural and Limited Access. There are factors that can cause situations
to change where access may have been limited in the past, but now it is no
longer limited. The Solid Waste Division
would then conduct an audit for the road access exemption.
Upon
further inquiry by Commissioner Henley, Ms. Moore advised she is not sure if
this specific audit was initiated by the MSBU Program, but it is not
unreasonable.
Ms. Moore
informed Chairman Carey that when the exemptions were put in place, there were
hundreds of properties with limited access exemption, but over the years that
has dwindled down because access has become available.
Chairman
Carey stated she feels that this access has not changed and she is not sure
what has happened.
Mr.
Hartmann stated he has a file on this issue and he will make sure that the
information is consistent. He stated he
is very interested in making sure that he understands what precedents are set
and how they apply certain appeals in those cases.
Upon
inquiry by Chairman Carey, Mr. Edwards advised the County has different rates
for different service levels, but they are not based on the distance where they
take their garbage.
No one
else spoke in support or in opposition.
Motion by Commissioner Henley,
seconded by Commissioner Van Der Weide to adopt appropriate Resolution
#2011-R-150, as shown on page __________, adopting the 2011 Non-Ad Valorem
Assessment Roll for all MSBU’s established within the boundaries of Seminole
County, with Certification, as shown on page _________, to be provided to the
Seminole County Tax Collector.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Carey stated the Board needs to convene the organization of the Charter Review
Committee 30 days from now and she would like a motion to make the appointments
for that committee effective August 23, 2011.
She said the Board can make a motion after Commissioner Horan makes his
last appointment.
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Chairman
Carey stated she attended the Rescue Outreach Mission and they received a check
from United Way in the amount of $123,000.
She stated another organization has received a check from United Way as
well.
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Chairman
Carey stated she attended the Central Florida Commission on Homelessness
meeting last week and they received a report on things that happened during the
Legislative session last year. She
stated funding for agencies that deal with the homelessness programs have been
cut drastically. Dr. Joel Hunter,
Northland Church, is the new appointee to the Central Florida Commission on
Homelessness Coalition Board. The
Orlando Baptist Church had $5.6 million pledged and they have collected $2.5
million of that. The churches are going
to put pressure on the State to look at this issue again. A meeting is scheduled for tomorrow, August
10, at the Northland Church and they expect to have 140 churches represented
and this is an issue that they will discuss.
She encouraged the Board to talk to the Legislative representatives
about this issue.
DISTRICT
COMMISSIONERS’/COMMITTEE REPORTS
Chairman
Carey stated she attended the Midway Community meeting (Weed and Seed) and
there are a couple of issues that are finally coming to a resolution and that
will be coming before the Board at the next meeting. She said she has asked the County Manager to
take a look at issues the community is having with septic tanks. All of Midway are on septic tanks as
communities have developed around them.
Midway probably used to sheet flow across all of those fields and now
that the communities are being built, Midway has some drainage issues. That is causing their septic tanks not to work. She said since Midway’s lots are small, they
cannot meet the new requirements to put in septic tanks and the drain
fields. Midway would like to discuss
options for putting in sewer and maybe they can obtain funding from CDBG or
MSBU.
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Chairman
Carey stated the budget work session was held last week and she would like to
thank the Board and staff for doing a good job in keeping costs down. She stated Ms. Spriggs submitted a list to
her and she will submit same to the Board.
She said she wants to make sure that everything will be addressed.
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Chairman
Carey reminded the Board of a scheduled Executive Session after this
afternoon’s meeting.
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Commissioner
Henley stated the drainage situation in Midway has been an ongoing problem that
the Board has dealt with for many years and it doesn’t seem they are going to
be able to solve the problem; and at the same time there are other issues
throughout the County that have similar needs that have been neglected.
Chairman
Carey stated the community is not asking the County to totally solve the
problems.
Commissioner
Henley stated there are problems in his district as well. He stated he is not sure that the committees
that are making recommendations are getting a true picture countywide. He said he doesn’t know whether they are not
advertising countywide appropriately so that people realize that they can
submit projects.
Commissioner
Dallari stated the Midway issues are serious and maybe the County can look at
it holistically so the Board can understand what is the full total problem that
needs to be addressed. Discussion
ensued.
Chairman
Carey stated the County tried to clean up the community last year and there are
some crime issues there as well. She
added the County’s code does give them the right to demolish abandoned houses
that are dangerous to the community and place a lien on the property.
Upon
inquiry by Commissioner Horan, Mr. Applegate advised there is a provision in
the Code and State Statute that allows the County to notify a property owner,
demolish the property and then establish a lien on the property.
Chairman
Carey stated she is sure that the sewer issue will be taken care of.
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Commissioner
Henley stated the Congress of Regional Leaders met last week and announced the
Technical Committee as well as the Chairman.
He stated the Technical Committee will be dealing with the governance
issue of water.
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Commissioner
Henley stated Mr. Alan Davis on Alpine Street is still having code issues on
his property. He stated Mr. Davis went
to jail because he defied a court order.
The County, at one time, had taken an 18 wheeler and hauled away two
loads. A lien was placed on the
house. Mr. Davis feels that he is a
patriot and he doesn’t have to respond to any governmental issues. He said he doesn’t know what to do about the
situation because the fines are continuing and are way beyond the value of the
house. He added what the neighbors have
to put up with is ridiculous and the County needs to attempt to do something
about it.
Mr.
Applegate stated he will look into the matter and get back with the Board.
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Commissioner
Dallari stated he would like to thank Mark Bevis for his help with the signage
in the Jamestown community and Tuskawilla Road.
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Commissioner
Dallari stated the Board discussed purchasing new County vehicles during the
budget work session and he would like to make sure that the County Manager not
only brings back information on that but also on standardization of how and when
to replace vehicles, maintenance thereof, and why vehicles should be
replaced. He said he wants to make sure
that is brought back in a timely manner.
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Commissioner
Dallari stated the Board met with the School Board a couple of weeks ago and he
would like to make sure that the County Manager reaches out to them.
Upon
inquiry by Commissioner Dallari, Mr. Hartmann advised he has not heard from the
Superintendent of Schools. He stated a
Mayors/Managers meeting is scheduled for next week.
Commissioner
Dallari stated the one comment that came out during that meeting was to try to
work together to consolidate some services.
He said he wants to be sure that the County is being proactive in
reaching out to the School Board.
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Chairman
Carey stated before she supports establishing a fleet budget, she would like to
know what their policy is in spending that.
Commissioner
Dallari stated they need to include the procedures as well as policies so they
can see how that money can be accessed and when vehicles can be taken out of
service and put back in service.
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Commissioner
Horan stated he attended the meeting of the Congress of Regional Leaders and
the liaison work groups. He stated the
group he will be working on is streamlining permitting and development
procedures, and they will be coming up with some uniform standards and best
practices in that area.
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Commissioner
Horan stated he attended the Pathways to Homes reception last week where United
Way gave this organization $250,000. He
stated Pathways to Homes is doing a great job and it is great to see United Way
supporting an organization like that.
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Motion by Commissioner Horan,
seconded by Commissioner Dallari to appoint Barbara Imogene Yarborough to the
Charter Review Commission.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Horan,
seconded by Commissioner Van Der Weide to make all appointments to the Charter
Review Commission become effective August 23, 2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S REPORT
Mr.
Hartmann stated staff is planning to bring back on August 23, 2011 answers to
as many of the questions the Board had during the budget work sessions. He stated he will try to incorporate a scope
of work on some of those things over the next few months. He added he has some ideas about how to
approach the fleet issues. He stated he
will make sure the Board receives a copy of the list; and if the Board wants to
add to that list, let him know. This
will be a topic at the Director’s meeting this Friday.
Chairman
Carey stated she feels there were some things that were in the budget that will
be coming out. The Board would like to
know what those are so they will know how to move forward.
COUNTY
ATTORNEY’S REPORT
Mr. Applegate
stated he will need some time over the next few weeks in helping his parents
and family move to Florida. He stated he
has scheduled meetings with each Board member for next week to provide
summaries and to go over some of the items that will be upcoming over the next
few meetings, such as pill mills, special magistrates for code enforcement
issues, firearm preemption ordinance, Charter Review Commission, redistricting,
an update on real estate purchase procedures and a few other items. If there are other items that the Board would
like to discuss with him, let him know.
Commissioner
Henley stated he would like Mr. Applegate to provide the contract regarding
shelters as he would like to review that.
He stated he would like staff to provide the Board with information as
to how many shelters have been built under the existing contract.
Mr.
Applegate stated the existing contract is one of the few contracts that does
not have a standard termination clause.
It is set to expire in March 2013.
Upon
inquiry by Commissioner Henley, Mr. Applegate advised the specific amount that
they were supposed to produce is up to 60 during the length of the
contract. He stated they have built 25
up to now. The County has a staff person
that is administering that contract.
Upon
further inquiry by Commissioner Henley, Mr. Applegate advised the intent of the
contract is that no one else can provide any shelters, but advised that he is
looking into a lot of issues relating to that.
Commissioner
Henley stated he would like the County to try to turn the shelter business over
to Lynx.
Chairman
Carey stated Mr. Applegate had already planned to move to Florida and did not
ask for any moving expenses and was never given any. She stated this Board would be willing to grant
Mr. Applegate some time off without being penalized on the time that he is
accruing.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:35 p.m., this same date.
ATTEST:______________________Clerk______________________Chairman
cc/er