BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

JANUARY 10, 2012

 

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, January 10, 2012, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Carlton Henley (District 4)

     Commissioner Bob Dallari (District 1)

     Commissioner John Horan (District 2)

     Clerk of Court Maryanne Morse (Late)

     County Manager Jim Hartmann

     County Attorney Bryant Applegate

     Deputy Clerk Carylon Cohen

 

     Absent:

     Commissioner Dick Van Der Weide (District 3)

 

 

Minister John Pierce, Jr., New Tribes Mission, Sanford, gave the Invocation.

Commissioner Horan led the Pledge of Allegiance.

-------

Chairman Carey recessed the meeting of the Board of County Commissioners and convened as the U.S. Highway 17-92 Community Redevelopment Agency.

U.S. HIGHWAY 17-92 CRA

Jeff Hopper, Planning & Development, addressed the Board to present request for approval of a Redevelopment and Construction Grant Application and associated Budget Amendment Request #12-

033 in the amount of $42,138 for property located at 7800 S. U.S. Highway 17-92 in Fern Park (aka "Mainstreet Square" Shopping Center), Great Falls Pass, LLC.  He stated the total cost of the project is $210,690 and the applicant may receive up to $42,138 or 20% of the project cost.  He reviewed the improvements to be made to the Mainstreet Square Shopping Center as identified in the staff report.  He said staff recommends approval of the grant application in the amount of $42,138.

Chairman Carey referred to page 5 of the Grant Agreement, under Section 4, Item (e), and said one of the provisions is that the company can’t sell this property for five years; they have to maintain it.  If they do sell it, they have to repay all the money in a pro-rated share.  She asked why would the County care if the company sells it or not; and if they do sell it and it is traded for more than it’s on the tax rolls currently, that would be a benefit to the County.  She said as they go forward with these agreements, she would like the Board to consider that item to possibly remove it or pro-rate it.  She said it doesn’t make sense for the County to want the company to have to hold the property for five years. 

Commissioner Henley said he has had concerns about that for quite some time.  He does not recall the Board having a great deal of discussion about this, and he doesn’t understand the rationale for that length of time. 

Commissioner Dallari clarified that the Chairman is talking about the property and not the business.  He stated he agrees with Chairman Carey and he would not have an issue with removing that language at this time.

Chairman Carey said that is in this agreement and the agreement for the next item.  They can strike it as part of the agreements, but she would like the Board, going forward in the future, to go back and revisit these agreements because there seems to be some policies put in that the Board did not discuss.

Commissioner Horan stated he thinks this would be a good item for the RPA to look at and find out what, if any, were the policy considerations for putting in a provision like that; and then make a recommendation for the next meeting of the CRA. 

Chairman Carey said the Board can strike the provision in these two agreements and the RPA can take up the issue going forward.  She stated she and the other Commissioners were on the Board when these grants came into place and the rules and regulations were presented; and she doesn’t recall that was ever one of them. 

Chairman Carey clarified with Mr. Applegate on the signature page and he said it was fine as is.

Motion by Commissioner Henley to approve the staff recommendation to approve the Redevelopment and Construction Grant Application and authorize the Chairman to execute the Grant Agreement, as shown on page _______, between the U.S. Highway 17-92 CRA and Great Falls Pass, LLC, and authorize execution of the associated Budget Amendment Request Resolution #2012-R-1, as shown on page _______, BAR #12-033 in the amount of $42,138 for property located at 7800 S. U.S. Highway 17-92 in Fern Park (aka "Mainstreet Square" Shopping Center).

Upon inquiry by Chairman Carey, Commissioner Henley stated if it is the consensus of the Board, he would not have a problem taking out Section 4(e), but he thinks they need to go back and amend the policy.  Whereupon, Chairman Carey clarified that the motion is to approve with the amendment to strike Section 4(e) from the Grant Agreement.

Commissioner Dallari seconded the motion as amended.

Under further discussion, County Manager Jim Hartmann addressed the Board to state that Mr. Forte has advised that section is in the agreement for maintenance in case the property is sold, especially if there have been improvements to the property, so that the new owner would have maintenance responsibility for that.  Mr. Hartmann said he believes going back to the RPA at this time may be the place to discern this, and they may need other language to protect that provision.

Commissioner Horan said he understands why the language is in the agreement for protection.  He thinks what needs to be done is for the BCC to come up with a policy whereby there is a covenant that requires the transferee to abide by this and it runs with the land.  He agrees giving back the money within five years is a little bit too much.

Districts 1, 2, 4 and 5 voted AYE.

-------

Mr. Hopper presented request for approval of a Redevelopment and Construction Grant Application and associated Budget Amendment Request #12-032 in the amount of $25,680 for property located at 310 S. French Avenue, Dilip Patel.  He said the proposed improvements would remove the car wash and replace it with an additional 2400 square feet of retail space.  The project also includes an 8’ x 5’ double-sided monument sign.  The grant request is for $19,680 for general exterior improvements plus $6,000 for landscaping for a total of $25,680.  The staff is recommending approval of the grant application in the amount of $25,680.

District Commissioner Carey stated this agreement has the same language in it and she recommended a motion to approve with striking Section 4(e).

     Motion by Commissioner Horan, seconded by Commissioner Dallari, to approve a Redevelopment and Construction Grant Application and authorize the Chairman to execute the Grant Agreement, as amended striking Section 4(e), as shown on page _______, between the U.S. Highway 17-92 CRA and Dilip R. Patel and the associated Budget Amendment Resolution #2012-R-2, as shown on page _______, BAR #12-032 in the amount of $25,680 for property located at 310 S. French Ave, Sanford.

     Districts 1, 2, 4 and 5 voted AYE.

-------

Mr. Hopper presented request for approval of a U.S. Highway 17-92 Mini-Grant and associated Budget Amendment Request #12-034 for Big T Tire & Automotive of Sanford Inc., located at 2408 S. French Ave., Sanford, in the amount of $3,244.  He said the purpose of the request is to help fund a new monument sign conforming to the city of Sanford’s requirements. 

Clerk of Court Maryanne Morse entered the meeting at this time.

Mr. Hopper stated the original application included an LED panel in the sign, but the City had a concern for whether the panel would comply with their codes.  The applicant has dropped the LED portion of the proposal and the sign that has now been installed incorporates an ordinary reader board in place of an LED display.  The cost of the project is now $6,488, and the program requires a dollar for dollar funding match; therefore, the applicant is requesting $3,244.  Staff is recommending approval of the mini-grant in the amount of $3,244.

Commissioner Horan noted that the reapplication resulted in a sign that was less expensive, so that saved some money.

District Commissioner Carey recommended approval of the request.

Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve the U.S. Highway 17-92 CRA Mini-Grant application and authorize the Chairman to execute the associated Budget Amendment Resolution #2012-R-3, as shown on page _______, BAR #12-034 in the amount of $3,244 for Big T Tire & Automotive of Sanford Inc., located at 2408 S. French Ave., Sanford.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Chairman Carey asked Mr. Hartmann and Mr. Applegate to work with staff and the RPA to review all the policies and come back before the Board in the future.

-------

Bill McDermott, Economic Development Manager, addressed the Board to present request for approval of Resolution recommending that Evolution Auto be approved as a Qualified Brownfield Business pursuant to s. 288.107, Florida Statutes, for the purposes of the Brownfield Redevelopment Bonus Refund Program; affirming that the project site is in a designated Brownfield Area; and executing Budget Amendment Request #12-035 providing for local financial match in the amount of $20,000.  He advised of the correction to be made to the Resolution to state 20 jobs will be created the first year and then 10 and 10 more for a total of 40 jobs at the end of three years. 

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the Chairman to execute appropriate Resolution #2012-R-4, as shown on page _______, as amended with the time line of 20-10-10 jobs created, recommending that Evolution Auto be approved as a Qualified Brownfield Business pursuant to s. 288.107, Florida Statutes, for the purposes of the Brownfield Redevelopment Bonus Refund Program; affirming that the project site is in a designated Brownfield Area; and authorize the Chairman to execute appropriate Resolution #2012-R-5, as shown on page _______, implementing BAR #12-035 providing for local financial match in the amount of $20,000 from the CRA Trust Fund.

     Districts 1, 2, 4 and 5 voted AYE.

-------

Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency and reconvened as the Board of County Commissioners.

PUBLIC PARTICIPATION

 

     Rene Berg, Rene Berg Realty, Inc., addressed the Board to ask for consideration of a reduction of the fines for the bank-owned property located at 1550 Baywater Court, Lake Mary (Item #29).  She explained that they received the property on August 9, 2011.  They had the initial services done on the exterior of the property on August 14, 2011.  By the time they contacted the County to come out for a reinspection to clear them, it was October 5. 

     Chairman Carey asked Ms. Berg if she had any documentation that shows when she was notified on August 9 or invoices paid relative to the property being cleared by August 14.  Ms. Berg clarified that the bank got the property on August 9 and she received it on August 10.  Due to a title search, they found out on August 26 that there were violations.  The asset company had tried multiple times to contact the County to find out what the violations were and was unsuccessful.  The company asked her to get involved and she was able to contact the County on September 27, 2011, and asked them to come out and reinspect the property as they were in compliance with the pool and yard. 

     Chairman Carey advised that the County records show that the Bank received title on February 7, 2011, and that’s when the lien began.  She doesn’t know what happened between February and August. 

     Ms. Berg stated one bank had the property and transferred it to another bank.  She was hired by the bank that received the property on August 9, 2011.  She further explained that she is working for Atlas REO, asset company for EMC through CitiBank.

     Chairman Carey thanked Ms. Berg for her comments and advised that the Board will take up this item under the Regular Agenda.

County Manager’s Consent Agenda

 

     Mr. Hartmann advised of the following changes to the Consent Agenda:  a hard copy of the Indemnification for the County (copy received and filed) has now been provided to the Board for Item #7, Modification to Master Services Agreements for PS-6658-11; a copy of the County Deed for Item #10, Contract for Sale and Purchase of Land and County Deed, was not originally provided but that has been done now; date correction to December 13, 2011, in the backup information for Item #15, Resolution implementing BAR #12-025; and Public Safety add-on Agenda Item #23A, Unit A Local 3254 Firefighters Union Collective Bargaining Agreement.

     Chairman Carey stated there is some cleanup discussion for Item #23A so she moved that item from the Consent Agenda to be brought up for a separate vote.

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the following:

County Manager’s Office

Purchasing & Contracts Division

 4.  Approve the Assignment of four (4) Master Services Agreements (MSAs) to AMEC Environment & Infrastructure, Inc. - One (1) under PS-1501-06/JVP (Surveying & Mapping Services), as shown on page _______; Two (2) under PS-2468-07/BHJ (National Pollutant Discharge Elimination System - NPDES), as shown on page _______; and One (1) under PS-5151-03 (Cassel Creek Stormwater Management), as shown on page _______; and authorize the Purchasing & Contracts Division to execute the Assignments.

 5.  Approve Single Source Procurement for SS-601334-12/BJC - Wellness Program Consulting Services with The Nice Life, LLC, Winter Park.

 6.  Approve ranking list; authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement (MSA), as shown on page _______, for PS-7105-11/RTB - Engineering and Design Services for the Safety Improvements along CR 46A from Ridgewood Avenue to Hartwell Avenue (estimated term usage of $300,000.00).

 7.  Approve a modification to the Master Services Agreements (MSA’s) for PS-6658-11/DRR, Central Transfer Station Engineering Services, for both the Primary Consultant, S2L, Incorporated of Maitland, Florida, as shown on page _______; and Secondary Consultant, Brown and Caldwell of Maitland, as shown on page _______; and authorize the Purchasing & Contracts Division to execute these modified MSA’s.

 8.  Approve the Assignment, as shown on page _______, of PS-1742-07/BLH (Design Services for Subdivision Rehabilitation Program) from Carter & Burgess, Inc. of Orlando, Florida, to Jacobs Engineering Group, Inc. of Orlando, Florida; and authorize the Purchasing & Contracts Division to execute the Assignment.

 9.  Approve Change Order #1, as shown on page _______, to CC-6784-11/DRR, Seminole County Lynwood Exploratory Test/Observation Well #1 Construction, with A.C. Schultes of Florida, Inc. of Gibsonton, Florida in the amount of $40,359.38; add an additional nine (9) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order.

 

Central Services

Fleet & Facilities Management Division

10.  Approve and authorize the Chairman to execute the Contract for Sale and Purchase of Land, as shown on page _______, and County Deed, as shown on page _______, conveying a .129 acre (5600 sq. ft.) unbuildable portion of the County-owned vacant lot, Parcel #04-20-30-501-0600-0010, H.E. Thomas Parkway (CR 46A), Sanford, FL, to Troy Black for a purchase amount of $2,800.

 

Community Services

Community Assistance Division

11.  Approve and authorize Community Development staff to submit a Substantial Amendment to the 2006-2007 and 2010-2011 One-Year Action Plans to the U.S. Department of Housing & Urban Development (HUD) to delete activities for Hopper Academy and Recovery House of Central Florida, and reallocate funds to supplement existing CDBG activities.

 

Environmental Services

Utilities Engineering

12.  Approve the Vacation and Grant of Utility Easement, as shown on page _______, between Seminole County and Central Florida Box Corporation for operation and maintenance of the relocated water and sewer lines.

Utilities Engineering Division

13.  Approve Utility Easement Agreement, as shown on page _______, between Thomas Youngblood and Seminole County to facilitate the construction and maintenance of a 12” water main that will be constructed along the south side of the Orange Boulevard Bridge at the crossing of the Lockhart-Smith Canal.

Water-Waste Water Division

14.  Approve the Orange County/Seminole County Emergency Potable Water Supply Interconnection Agreement, as shown on page _______.

 

Fiscal Services

Budget Division

15.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-6, as shown on page _______, implementing Budget Amendment Request (BAR) #12-025 in the amount of $271,331 through various funds to increase the carryforward budget of unexpended project funds from FY 2010/11 to FY 2011/12, approved on 12/13/11, by $191,331.

16.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-7, as shown on page _______, implementing Budget Amendment Request (BAR) #12-027 through the Fire Protection Fund in the amount of $236,669 to appropriate funds for the Fire District tax increment payment to the 17-92 CRA associated with the city of Winter Springs’ Fire District merger; payment is for the 2008 through 2011 tax rolls.

17.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-8, as shown on page _______, implementing Budget Amendment Request (BAR) #12-028 through the Facilities Maintenance Fund and Fire Protection Fund in the amount of $150,000 to create Building Exterior Capital Maintenance - Fire (00273944W) project within the Proactive Maintenance Family and appropriate funding for maintenance to the exterior of Fire Station 14.

18.  Approve and authorize the Chairman to execute a Budget Change Request (BCR) #12-002, as shown on page ______, through the Economic Development Trust Fund in the amount of $54,000 for the Axium Healthcare Pharmacy, Inc. for the Qualified Target Industry Grant Award.

19.  Approve and authorize the Chairman to execute a Budget Change Request (BCR) #12-003, as shown on page _______, through the General Fund in the amount of $6,995 to appropriate funding for the purchase of a large format scanner to support the E-Permitting initiative through Growth Management.

MSBU Program

20.  Approve and authorize the Chairman to execute the Lakes Burkett/Martha Aquatic Vegetation Control Interlocal Agreement, as shown on page _______, between Seminole County and Orange County which provides definition to the role, responsibility and financial commitment of each County relative to the public aquatic weed control and lake management services authorized by Ordinance 2011-21/Lakes Burkett/Martha Aquatic Weed Control MSBU.

 

Leisure Services

Business Office

22.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-9, as shown on page _______, amending Subsection 3.554(3) of the Seminole County Administrative Code; Updating the Approval Authority of the Leisure Services Director.  This resolution would allow for certain contracted services related to programming to be exempt from the competitive process and provide the Director of Leisure Services the authority to award and execute the respective contracts.

Parks & Recreation Division

23.  Approve and authorize the Chairman to sign the Facility Use Agreement, as shown on page _______, for the Innovative Soccer Network to operate soccer programs for children to encourage exercise, soccer fundamentals and health at the County's active parks.

 

Public Works

Engineering Division

24.  Adopt appropriate Resolution #2012-R-10, as shown on page _______, accepting a Quit Claim Deed, as shown on page _______, from the Florida Department of Transportation (FDOT) conveying property determined to be surplus that was acquired by FDOT in conjunction with the State Road 436 at Red Bug Lake Road Flyover Project. (Remainders of FDOT Parcel Numbers 103, 112 and 123)

Traffic Engineering Division

25.  Approve and authorize the Chairman to execute a Traffic Signal Maintenance Covenant, as shown on page _______, with The Shoppes at Hunt Club, LLC in conjunction with the maintenance of the traffic signal located on Hunt Club Boulevard at Shoppes of Hunt Club.

 

Districts 1, 2, 4 and 5 voted AYE.

 

-------


 

Public Safety

EMS/Fire/Rescue Division

 

Joe Forte, Deputy County Manager, addressed the Board to briefly review and answer any questions regarding Item #23A, Approve and authorize the Chairman, the County Manager and the Public Safety Director to execute the negotiated Collective Bargaining Agreement, between Seminole County and Bargaining Unit 3254 International Association of Firefighters/A-Unit. 

Chairman Carey said she thought cleanup was needed on Item #8 of the agreement, Sick and Catastrophic Leave.  She said it isn’t clear that the one-time conversion is a one-time opportunity and will be done by March 1, 2012. 

Mr. Forte explained all the changes and conversions to the table will be done by March 1, because staff needs some time to work with the Clerk’s Office and Payroll to make the changes.  He said the Union is aware of that. 

Chairman Carey stated that the first paragraph (regarding option of selling back sick leave) of Item #8 needs to be clarified that it is a one-time opportunity for no later than March 1, 2012.

Commissioner Henley asked what is the potential cost of that and is it covered in the budget; and Mr. Forte said if everyone would take advantage of selling back 200 hours, he believes it would not exceed $400,000.  Chairman Carey said she is sure this would come out of the Fire Fund Reserves, so there are sufficient funds to cover that.

Motion by Commissioner Horan, seconded by Commissioner Henley, to approve and authorize the Chairman, the County Manager and the Public Safety Director to execute the negotiated Collective Bargaining Agreement, as shown on page _______, between Seminole County and Bargaining Unit 3254 International Association of Firefighters/A-Unit, as amended and discussed.

Districts 1, 2, 4 and 5 voted AYE.

 

Constitutional Officers’ Consent Agenda

 

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the following:

Clerk's Office

26.  Approval of Expenditure Approval Lists, as shown on page _______, dated November 21, 28 and December 5, 12 & 19, 2011; and Payroll Approval Lists, as shown on page _______, dated November 23 and December 8, 2011; and approval of BCC Minutes dated December 13, 2011.

 

Districts 1, 2, 4 and 5 voted AYE.

 

-------

 

The Board noted, for information only, the following Clerk's “received and filed”:

1.    Work Order #1, as shown on page _______, to CC-7107-11.

 

2.    Amendment #2, as shown on page _______, to Work Order #19 to PS-4388-09. 

 

3.    Amendment #4, as shown on page _______, to Work Order #2 to PS-4906-09. 

 

4.    Memorandum from Doris-anne Freeman, City Clerk, city of Altamonte Springs, relating to Voluntary Annexation of Roadway Corridors Contiguous to Altamonte Springs. 

 

5.    Amendment #1, as shown on page _______, to Work Order #6 to PS-4906-09.

 

6.    M-601275-11 Miscellaneous Contract, as shown on page _______, Vidacare Corporation.  

 

7.    Contracts for Services, as shown on page _______, for Rhett Stanberry and Colleen Puglisi.

 

8.    Third Amendment, as shown on page _______, to IFB-600515-08.

 

9.    Amendment #1, as shown on page _______, to IFB-600569-09.

 

10.    Work Order #24, as shown on page _______, to CC-2183-07.

 

11.    Local Agency Program Agreements, as shown on page _______, with the State of Florida Department of Transportation for the design of sidewalks in conjunction with Walker Elementary School and Eastbrook Elementary School, as approved by the BCC on April 26, 2011.

 

12.    Local Agency Program 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, as approved by the BCC on July 26, 2011.

 

13.    Work Order #101, as shown on page _______, to PS-1074-06. 

 

14.    Consummating Order from the Florida Public Service Commission re:  Petition by Progress Energy Florida, Inc. for approval of modification to make the current experimental Premier Power Service Rider, Rate Schedule PPS-1 permanent.

 

15.    Litigation Consultant Services Agreement, as shown on page _______, Goebel, et al vs. Seminole County, Clayton, Roper & Marshall, Inc.

 

16.    Amendment #7, as shown on page _______, to Work Order #19 to PS-1529-06.

 

17.    Change Order #2, as shown on page _______, to Work Order #40 to CC-2184-07.

 

18.    Work Order #44, as shown on page _______, to CC-2184-07.

 

19.    Closeout, as shown on page _______, for CC-5756-10.

 

20.    Utility Agreements for Water and Sewer Service and Customer Agreement for Reclaimed Water Rates, as shown on page _______, with Heathrow CR 46A Partners, LLC, for the project known as HIBC Lot 2 – Daycare.

 

21.    Amendment #2, as shown on page _______, to IFB-600940-10.

 

22.    Notice to Proceed, as shown on page _______, for CC-7012-11.

 

23.    Notice to Proceed, as shown on page _______, for Work Order #44 to CC-2183-07.

 

24.    BOA Development Orders, as shown on page _______, as follows:  Hamm variance; Herbst variance; Duncan variance; Campbell variances; Elliott variance; and Pickford & Asendorf variance.

 

25.    Amendment #1, as shown on page _______, to Work Order #1 to RFP-5847-10.

 

26.    Change Order #2, as shown on page _______, to Work Order #21 to CC-2183-07. 

 

27.    Closeout, as shown on page _______, for Work Order #36 to CC-2184-07.

 

28.    Amendment #4, as shown on page _______, to Work Order #10 to M-5004-09.

 

29.    Change Order #2, as shown on page _______, to CC-6623-11.

 

30.    Work Order #20, as shown on page _______, to PS-2465-07.

 

31.    Change Order #2, as shown on page _______, to CC-6035-10.

 

32.    Notice to Proceed, as shown on page _______, for Work Order #24 to CC-2183-07.

 

33.    Change Order #1, as shown on page _______, to DB-6152-10.

 

34.    Amendment #1, as shown on page _______, to Work Order #86 to PS-1529-06. 

 

35.    Amendment #1, as shown on page _______, to Work Order #85 to PS-1529-06.

 

36.    Change Order #1, as shown on page _______, to CC-6879-11.

 

37.    Amendment #5, as shown on page _______, to Work Order #48 to PS-5174-04.  

 

38.    Work Order #2, as shown on page _______, to PS-4202-09.

 

39.    Work Order #29, as shown on page _______, to PS-4388-09. 

 

40.    Development Order #11-32000010, as shown on page _______, Ori LLC special exception. 

 

41.    Assistant Tennis Pro Agreement, as shown on page _______, Eric Cordova.

 

42.    Work Order #19, as shown on page _______, to PS-2564-07.

 

43.    Change Order #1, as shown on page _______, to Work Order #22 to CC-2183-07. 

 

44.    Change Order #2, as shown on page _______, to CC-6365-11.

 

45.    Amendment #2, as shown on page _______, to Work Order #10 to PS-5180-05.

 

46.    RFP-601249-11 Legal Services Agreement, as shown on page _______, for Code Enforcement, deBaubien, Knight, Simmons, Mantzaris and Neal, LLP.

 

47.    National Atmospheric Deposition Program Memorandum of Agreement, as shown on page _______, for Reimbursement of Coordination and Chemical Analysis Costs, FL32 (Orlando). 

 

48.    Amendment #1, as shown on page _______, to Work Order #4 to PS-1666-07.

 

49.    Amendment #2, as shown on page _______, to Work Order #3 to PS-1666-07.

 

50.    Work Order #70, as shown on page _______, to CC-1284-06.

 

51.    Amendment #1, as shown on page _______, to Work Order #8 to M-5004-09.

 

52.    Amendment #3, as shown on page _______, to Work Order #2 to PS-2825-07.

 

53.    First Amendment, as shown on page _______, to IFB-601000-10.

 

54.    Amendment #2, as shown on page _______, to IFB-600940-10.

 

55.    Amendment #3, as shown on page _______, to Work Order #19 to PS-4388-09.

 

56.    Work Order #28, as shown on page _______,to PS-3914-08.

 

57.    Amendments #2 as shown on page _______, to CC-2183-07, Corinthian Builders, Inc. and Sovanic, Inc.

 

58.    Amendments #3, as shown on page _______, to CC-2184-07, R.L.H. Construction and Corinthian Builders, Inc.

 

59.    Amendment #1, as shown on page _______, to Work Order #8 to PS-2564-07.

 

60.    Amendment #2, as shown on page _______, to Work Order #4 to PS-5187-05.

 

61.    Work Order #46, as shown on page _______, to PS-1501-06.

 

62.    Change Order #6, as shown on page _______, to CC-5083-10.

 

63.    Notice to Proceed, as shown on page _______, and Work Order #25, as shown on page _______, to CC-2183-07.

 

64.    Amendment #1, as shown on page _______, to Work Order #3 to PS-2404-07.

 

65.    Amendment #2, as shown on page _______, to Work Order #1 to PS-2404-07.

 

66.    Change Order #6, as shown on page _______, to CC-4623-09.

 

67.    Work Order #87, as shown on page _______, to PS-1529-06.

 

68.    Work Orders #11, #12, #13, #14, #15 and #16, as shown on page _______, to RFP-5465-10.

 

69.    Work Order #102, as shown on page _______, to PS-1074-06.

 

70.    Change Order #4, as shown on page _______, to CC-5682-10.

 

71.    Change Order #2, as shown on page _______, to CC-5627-10.

 

72.    Amendment #1, as shown on page _______, to Work Order #12 to M-5004-09.

 

73.    Notice of Proposed Agency Action Order from the Florida Public Service Commission granting Florida Power & Light Company’s Petition for approval of base rate increase for extended power uprate systems.

 

74.    RFP-601224-11 Audio/Visual Upgrade Services Agreement, as shown on page _______, Xerox Audio Visual Solutions, Inc.

 

75.    Amendment #1, as shown on page _______, to Work Order #3 to PS-2564-07.

 

76.    Amendment #4, as shown on page _______, to IFB-600108-06.

 

77.    Certificate, as shown on page _______, of No Recall for RB Jai Alai LLC.

 

78.    Restrictive Use Covenant, as shown on page _______, for Norma L. Murrell.

 

79.    Work Order #47, as shown on page _______, to PS-1501-06.

 

80.    Notice to Proceed for Work Order #70, as shown on page _______, to CC-1284-07.

 

81.    Work Order #88, as shown on page _______, to PS-1529-06.

 

82.    Change Order #3, as shown on page _______, to CC-6792-11.

 

83.    Change Order #1, as shown on page _______, to Work Order #18 to CC-3321-08.

 

84.    Work Order #4, as shown on page _______, to RFP-5706-10.

 

85.    Parks Contracts, as shown on page _______, for Jeffrey Duby; Jason Tape; and James L. Speake, Jr.

 

86.    Change Order #1, as shown on page _______, to CC-6805-11.

 

87.    Lunsford Elevation Project Invoice Certifications for the period ending August 30, 2011 and September 30, 2011.

 

88.    Bids as follows:  601276-11; CC-7012-11; CC-7117-11; BID-601313-11; and RFP-601246-11.

 

-------

 

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the following:

Sheriff’s Office

27.  Approval to expend $5,000 from the Law Enforcement Trust Fund to provide funding in support of Meals on Wheels.

28.  Approval to expend $2,000 from the Law Enforcement Trust Fund to provide for a contribution to the Boys and Girls Clubs of Seminole County.

 

Districts 1, 2, 4 and 5 voted AYE.

 

REGULAR AGENDA

 

Joy Williams, Planning & Development, addressed the Board to present request for reduction of the Code Enforcement Board lien, from $59,750 to $0, for Case #09-57-CEB on the property located at 1550 Baywater Court, Lake Mary; Equity Holding Corporation Trustee (previous owner), Citibank Trustee, C/O EMC Mortgage Corporation (current owner), Gregg Buckley.  She reviewed the background history of the property violations; and stated staff is recommending denial of the request for reduction of the lien.  She asked that the staff report be made a part of the record.

Chairman Carey clarified with Ms. Williams that CitiBank received notice of all the violations beforehand and on February 7, 2011; and CitiBank still owns the property, but has Atlas trying to market the property.  Chairman Carey stated she has not had any sympathy with the banks that do not take responsibility for their properties when notified; and the Board has not had sympathy either.  She said with all the foreclosures, if the banks aren’t responsible, then this continues to damage the neighborhood. 

District Commissioner Carey recommended denial of the request to reduce the lien.

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to deny the request to reduce the Code Enforcement Board lien, from $59,750 to $0, for Case #09-57-CEB on the property located at 1550 Baywater Court, Lake Mary; Equity Holding Corporation Trustee (previous owner), Citibank Trustee, C/O EMC Mortgage Corporation (current owner), Gregg Buckley; and authorize the Chairman to execute the Release of Lien upon payment in full.

     Districts 1, 2, 4 and 5 voted AYE.

     Chairman Carey thanked Ms. Byrd for coming today and said she hopes she understands where the Board is coming from and their position on the code liens.

-------

Brian Walker, Planning & Development, addressed the Board to present request for a Special Event Permit for the Wekiva Island Super Bowl Party and Pregame Festivities at 1014 Miami Springs Drive on January 20, 21, 27 and 28, 2012; and February 3, 4 and 5, 2012, with hours of music ranging from 2:00 p.m. to 10:00 p.m. throughout the event; The Wekiva Green Camp, LLC.  He said staff is recommending approval of the request, subject to the following conditions:  (1) Security and traffic control will be provided by the Seminole County Sheriff’s Office; (2) Hours of the event shall be between 3:00 p.m. and 11:00 p.m. on each permitted day; (3) The event shall occur only on the seven (7) days stated in the staff report; (4) The number of attendees shall not exceed 500 people on February 5, 2012, and approximately 150 people per day on the days leading up to game day; (5) Tents will be permitted, as required, through Fire Prevention; (6) Temporary electrical equipment/installation will be permitted, as required, through the Building Division; and (7) On game day, amplification of sound shall be limited to television broadcasts of the Super Bowl, along with pre- and post-game-related shows.  He asked that the staff report be made a part of the record.

Upon inquiry by Commissioner Dallari, Mr. Walker said he was not aware of any issues or complaints about the event that was held in the fall by the applicant.  Upon inquiry by Commissioner Horan, Mr. Walker reviewed the times for music with amplification of sound.  He said the latest time for music would be 10:00 p.m. on a Saturday. 

     Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve the request for a Special Event Permit for the Wekiva Island Super Bowl Party and Pregame Festivities at 1014 Miami Springs Drive on January 20, 21, 27 and 28, 2012; and February 3, 4 and 5, 2012, with hours of music ranging from 2:00 p.m. to 10:00 p.m. throughout the event; The Wekiva Green Camp, LLC; subject to the staff’s recommended conditions.

     Districts 1, 2, 4 and 5 voted AYE.

-------

Jim Duby, Greenways & Natural Lands Division, addressed the Board to request approval of a Memorandum of Understanding with the Florida Fish and Wildlife Conservation Commission and the Wildlife Foundation of Florida, which allows the parties to work in a unified effort during the initial stages of planning and development of the Seminole County Youth Conservation Center on County property.  He advised that the consensus seems to be that the approximately 3200-acre, County-owned property adjacent to the landfill, currently leased as the Boar’s Nest, will be the ideal site.  He said staff is recommending the Board approve the Memorandum of Understanding and is requesting Board direction as to the use of the Boar’s Nest camp as the preferred site for this project.

Chairman Carey noted that the Memorandum of Understanding doesn’t really address the Boar’s Nest, but talks about it in general.  For the next three years, they will talk about what they can do.  She said one of the partners who is a leaseholder on the Boar’s Nest has indicated that he is not interested in terminating that lease early, so the Board will wait and do some planning with this group.  She stated her concern with the MOU is with the termination language.  She has discussed that with Mr. Applegate.  She stated the language wouldn’t be applicable in this case because if Seminole County withdraws from the agreement, the MOU is dead, and the other two parties could not continue. 

Mr. Applegate recommended striking the last two sentences of the termination language.

Upon inquiry by Commissioner Horan, Mr. Duby advised of the formal meeting and discussions held with Richard Creedon and Ben Brock.  He said the Geneva Citizens’ Association is favorable to having this type of facility in their area.  He further explained what the roles of the Florida Fish and Wildlife Conservation Commission and Wildlife Foundation of Florida, Inc. will be in this public/private partnership.

Chairman Carey said once they get to the details about what may happen and where, an agreement will come back to this Board for approval.  This MOU is to start the discussions.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the amended Memorandum of Understanding, as shown on page _______, with the Florida Fish and Wildlife Conservation Commission and the Wildlife Foundation of Florida, which allows the parties to work in a unified effort during the initial stages of planning and development of the Seminole County Youth Conservation Center on County property.

Under discussion, Commissioner Henley asked if the staff’s recommendation for the Boar’s Nest property should be included in the Memorandum of Understanding. 

Chairman Carey stated she thinks the idea is that the Board wants to explore all opportunities.  There may be an opportunity to start this process on a smaller scale at some of the County’s other facilities; and at such time when the Boar’s Nest is back in their hands in 2014, they could go forward and develop how that may actually work.  She said there are still a lot of discussions that need to happen before they can pin it down to that one site.  Whereupon, Commissioner Henley said he did not have a problem with that approach. 

Districts 1, 2, 4 and 5 voted AYE.

-------

Brett Blackadar, Acting County Engineer, and David Martin addressed the Board to give an update on the status of the following trail system projects:  Downtown Oviedo Trail Connector (including a Budget Amendment Request (BAR 12-026) to establish design and construction funding); Seminole Wekiva Trail, Phase 4; Cross Seminole Trail missing link in Winter Springs; Longwood-Markham Road Trail Connector; and Rinehart Trail missing gaps.  Mr. Blackadar stated the gist of this request is to get Board’s approval of the BAR in the amount of $600,000 for the Downtown Oviedo Trail and to update the Board on the projects recently completed, and projects under construction or design.  He advised that Bryan Nipe, Leisure Services, was also in attendance. 

Mr. Blackadar reviewed a PowerPoint presentation (revised copy received and filed) covering the following topics:  1996 Master Plan for the Trails System; map of Seminole County Trails; and Seminole Wekiva Trail Markham Road Extension.

Upon inquiry by Chairman Carey on the connection from Markham Road over the Wekiva River to Lake County, Bryan Nipe addressed the Board to give an update on the last discussions he had about identifying the crossing as an alternative crossing.  He also discussed, upon Commissioner Dallari’s inquiry, the conversations he has had with Lake County.

Chairman Carey said, if the Board agrees, she thinks this is one project to pursue in getting the connection as she thinks it would be a great benefit to the public.  Commissioners Henley and Dallari agreed to direct staff to proceed to secure that.  Whereupon, Chairman Carey asked staff to figure out what they need to do; and if they need to ask for a variance from the National Parks to cross the river, then do that.  Mr. Nipe also advised of his discussion with URS, the company that was doing the PD&E study for the Wekiva Parkway, and they put it in some of the plans to indicate that as an alternate crossing.  URS looked into some of the constraints and opportunities, so staff has some initial information. 

Commissioner Dallari advised Mr. Nipe that it’s important for the two counties to act simultaneously as it will carry more weight.

Mr. Blackadar continued the presentation with the Lake Mary Boulevard at International Parkway Underpass.  Chairman Carey asked staff to keep their eyes on the sod that was put down before the freeze and, if it doesn’t come back, they will probably have to get the contractor to resod it.  Mr. Blackadar continued with the SR 426 and Red Bug Lake Road Overpass that is under construction now; SR 46 Gateway Sidewalk Project; Riverwalk Phase 2; and Cross Seminole Trail Missing Link along SR 419.  

Chairman Carey noted that in certain areas of the trails where there is nothing but trees, the staff needs to look at putting markings on the asphalt rather than a sign that may not get noticed.  Commissioner Dallari commended staff for keeping the trails as well maintained as they have been.

Mr. Blackadar continued with the Seminole Wekiva Trail Phase 4.  Commissioner Dallari noted the significance of this trail is that it will eventually connect to the West Orange Trail. 

Mr. Blackadar continued with the Cross Seminole Trail Downtown Oviedo Connection.  Commissioner Dallari noted his concern with the existing trailway where the rail bed goes from the town hall diagonally where the Baptist Church and town diner are located.  He said that is not going to be built into a trail and they need to figure out, with the city of Oviedo through an MOU, how to put that back to useful property so the developer can develop it.  Also, how they can go north and bring the trail through that development.  Mr. Blackadar stated the County will help the City make that swap, and he thinks the City will bring that up at their council meeting.  Mr. Blackadar explained the plans to Commissioner Horan.  Commissioner Dallari iterated that he is in favor of the BAR, but he doesn’t want them to lose sight of the fact that the trail needs to go north and he wants the staff to be proactive.

Mr. Blackadar continued with the Longwood-Markham Trail Connection; Rinehart Road Trail Missing Gaps; and Total Remaining Trail Bond Funds=$1,862,852 showing future expenditures and contingency leaving a balance of $212,852. 

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve and authorize the Chairman to execute appropriate Resolution #2012-R-11, as shown on page _______, implementing Budget Amendment (BAR #12-026) in the amount of $600,000 for Downtown Oviedo to establish design and construction funding for the extension of the Cross Seminole Trail from State Road 434 to Oviedo Boulevard.

     Districts 1, 2, 4 and 5 voted AYE.

COUNTY MANAGER’S AND STAFF’S BRIEFINGS

 

Sabrina O'Bryan, Fiscal Services, and Susan Dietrich, Deputy County Attorney, addressed the Board to give the Legislative Update.  Ms. O’Bryan updated the Board on SB 710, Gambling, stating an identical bill was in the House, HB 487, but a strike-all was proposed and adopted yesterday afternoon and that would allow for slot machines and pari-mutuels, subject to voter approval, within each county.  She said the Florida Association of Counties (FAC) is working towards removing a single word, future, from the strike-all bill and that may be important to Seminole County.  She explained to Chairman Carey that her impression is that FAC is trying to open up more flexibility within the counties so the counties that choose to do so can regulate the existing ones within the community as opposed to having the bill only apply to the future.  Ms. Dietrich stated she understood that the bill is to provide an option if the counties are interested in allowing the internet gambling businesses or not.  Ms. O’Bryan advised Commissioner Dallari that the County’s lobbyist has been very engaged on this issue and indicated that there is still a long battle ahead, and this is the first of many, many steps.  He believes that SB 710 or any bill Senator Bogdanoff may be involved with will be the one to watch.  The lobbyist understands the County’s position, and staff reiterated that as one of the Board’s priorities.

Upon inquiry by Commissioner Dallari, Mr. Applegate stated he had talked to the lobbyist on Friday and filled him in on all the ongoing litigation.  He said if the Supreme Court rules in the County’s favor that slot machines are illegal, this issue would never get to the voters in Seminole County.  Chairman Carey clarified with Mr. Applegate that there would have to be a voter referendum for slot machines, pari-mutuels or internet cafes to be allowed even if the language were changed.

     Ms. Dietrich reviewed that SB 354 passed out of the Transportation Committee yesterday by unanimous vote as a Committee substitute.  The only change to the original bill filed was the amendment, which would require the new authority to assume and resume all responsibilities of the prior authority for any contracts that were existing on June 30, 2011.  That means the Expressway Authority could continue as though it had never been dissolved.  Ms. Dietrich said the House bill has been referred to four committees, but there has been no action yet.  Ms. Dietrich said HB 999 has currently been referred to the Economic Affairs Committee.  The bill deletes the requirement that DOH administers the Septic Tank Inspection Program; however it provides the county or municipality an option to adopt a program by ordinance if they want to, but the ordinance cannot deviate or exceed any of the specific requirements that are in the proposed bill.  The companion bill, SB 820 by Senator Dean, passed out of the Environmental Preservation Committee by a unanimous vote yesterday and it conforms to Representative Dorworth’s bill, so that is the bill to watch.  Ms. Dietrich further advised that in a conference call yesterday, FAC indicated that they met with Chris Hart of the Governor’s Office to initiate a dialogue concerning the Workforce Central Florida Boards to educate that office on budgeting issues and concerns of local governments. 

     Upon inquiry by Chairman Carey, Mr. Applegate reported that the attorneys for the five counties will meet next week to work on the next draft of the consortium agreement regarding Workforce Central Florida.  They will be looking at what comes out of the legislation.  He said he will keep the Board posted on that.

     Ms. O’Bryan reviewed that the bill regarding the use of wireless devices while driving will be heard on the January 12 in the Communications, Energy and Public Utilities Bill, SB 416 by Senator Detert.  The identical House bill is HB 299 by Representative Pilon. 

     Upon inquiry by Commissioner Horan, Ms. O’Bryan stated the Public/Private Partnership Bill has not moved at all in the Senate or the House at this time.

-------

     Chairman Carey recessed the meeting at 10:50 a.m. and reconvened it at 10:55 a.m. with Clerk of Court Maryanne Morse entering late.

-------

     Nicole Guillet, Growth Management Director, addressed the Board to discuss HB 7207 that was passed in the last legislative session on growth management issues.  She reviewed the issues of concurrency and urban service areas.  She stated the Comprehensive Plan is required to address a number of public facilities and apply concurrency to them.  HB 7207 removed the mandatory requirement for concurrency for transportation facilities, public schools and parks and recreation.  Ms. Guillet stated this bill makes transportation concurrency optional everywhere in the County; they can keep it or remove it and either option requires plan amendments.  With regard to schools, the bill also gives the County the option to eliminate concurrency.  If they want to keep concurrency, the local governments representing 80% of the population within the County have to all agree to keep school concurrency.  With regards to parks and recreation, there is a level of service standard that has to be met in the Comprehensive Plan.  She and Joe Abel, Leisure Services Director, agree that it is probably not a useful measurement tool and they suggest the Board consider eliminating that. 

     Chairman Carey asked if staff had a recommendation on the transportation and school concurrency issues, and Ms. Guillet discussed staff’s position.

Clerk of Court Maryanne Morse reentered the meeting at this time.

Chairman Carey summarized that the staff’s recommendation is basically to eliminate all three areas from the Comprehensive Plan, but craft policies that would still be reviewed as part of the process.  Ms. Guillet explained that in some counties, they have had to stop good projects.  She said concurrency really works in opposition to the high density kind of development they would like to see at the SunRail stations.  So, staff is recommending to give them the flexibility to approve those kinds of developments, if they think they are appropriate, and not have the automatic stopgap (of concurrency) in the plan.

     Chairman Carey asked for the Board’s consensus today if it would be their thoughts to support the staff’s idea of the elimination and coming back with some kind of policies for review so they can get the Comprehensive Plan amended to make the opportunities for people to want to come and do what they have asked them to do on high density.

     Commissioner Henley said he supports the Board authorizing staff to move forward along the lines discussed this morning.  He said, particularly from the standpoint of schools, it is hard for him to justify concurrency enforcement when schools are being closed.  The circumstances have changed significantly since they first adopted those.

     Commissioners Dallari and Horan agreed with Commissioner Henley. 

     Chairman Carey stated staff has the full consensus of the Board to bring this back to the Board.  She said do so in a timely fashion, because she thinks it is critical for people to know what they are dealing with when they start going through the process as that determines whether they want to go through it or not. 

     Ms. Guillet discussed the urban service areas, stating there was a provision in SB 360 in 2009 that exempted projects from DRI review if they were located in a “DULA.”  She explained a “DULA” means a certain population threshold or density and one having an urban service area.  The definition in SB 360 included urban areas that were designated by charter.  In this bill (HB 7207) that definition was revised and now the language that folded the County into a “DULA” has been removed.  It was revised to say if you meet the population thresholds and have an urban service area designated in your comprehensive plan, then you meet the criteria for a “DULA” and meet the criteria to be exempt from DRI review.  She asked for feedback from the Board on how comfortable they are with staff designating an urban service area in the Comprehensive Plan in order to fall within the definition.  She said staff will probably bring the Board a couple of different options to consider what the urban service area would be.  She advised the area covered under the Wekiva Study Act is not exempt under DRI; but as it stands now, the County has lost the exemption for the urban areas of the County. 

     Whereupon, Chairman Carey stated the County needs to clean up its Comprehensive Plan, and Ms. Guillet can bring back to the Board several options on that.  The Board gave consensus on doing that.  She asked Ms. Guillet to bring this back at the same time with the others as soon as possible.

     Commissioner Horan discussed that Seminole County is the third most densely populated county in the State, but they have designated rural areas and preserved areas, etc.  What concerns him is the threat to those particular rural areas because there is no transition.  He asked if there is a way they can change the Comprehensive Plan to allow some kind of transition.

     Commissioner Dallari said Ms. Guillet may want to research that, because he believes the Board took a stance with the rural area and there is a transition area that depicts how to transition from urban to rural.  Chairman Carey said the Board talked about that and where they need to look at this is where it’s not developed yet on the urban side for the transition.  She thinks there are still some areas where they can do the transition on the urban side, but there are also some where the transition will have to occur on the rural side.

     Commissioner Dallari noted that one of his important issues is to protect the rural area.

Commissioner Horan agreed with Commissioner Dallari.  He said one point that Chairman Carey brought up is valid, that if they are going to protect the rural designated areas, they have to protect them from themselves because if the property owners are going to annex into a city, there is nothing they can do to stop that.  Chairman Carey stated the County can have a Memorandum of Understanding with the cities if they identify transition areas. 

Commissioner Henley said the weakness in the current MOU’s with the cities is that they don’t address the transition areas, and they can annex all the way up to the boundary line.  He stated as compact and small as the County is land-wise, they need a broader cooperation with the cities as to the appropriate land use regardless of where it is.  Discussion continued.

Chairman Carey said as they move into the new year, maybe they can begin discussions by talking to the cities of Sanford and Oviedo first, independently, about this topic. 

-------

Mr. Hartmann presented request to approve and authorize staff to submit a small grant application to the Environmental Protection Agency for urban waters in the amount of $60,000 to assist with Lake Jesup.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize staff to submit the Environmental Protection Agency’s Urban Waters Small Grant Application in the amount of $60,000 for Lake Jesup; and authorize the Chairman to execute any associated documents for the application.

Districts 1, 2, 4 and 5 voted AYE.

COUNTY ATTORNEY’S BRIEFING

 

     Mr. Applegate reported that the oral argument in the internet cafe case is set for March 7 in Jacksonville at 2:00 p.m.  The County’s outside counsel will take the lead on the argument.  He, David Shields and Lynn Porter-Carlton will drive up that day to attend.  He asked if any Board member is interested in attending to let him know and they will make arrangements for that.

-------

     Mr. Applegate stated on Monday, January 23, he will be speaking at the mid-year meeting of the Council for Affordable and Rural Housing in New Orleans.  He will pay for the trip out of his own funds because he was requested to speak by a former client and, therefore, he thinks it is appropriate to cover the cost of the trip.

-------

     Mr. Applegate advised he is planning to sign up the Deputy County Attorney and the Assistants for membership in the Florida Association of County Attorneys and/or the local bar if they so choose.  His reasons for doing that are:  (1) the Florida Association of County Attorneys offer a great deal of free CLE courses, all related to their assignments and duties; and he thinks it’s important for the staff to take advantage of that; (2) FAC has great committee assignments relating to local government and he wants the staff to be involved in working with their peers around the State on statewide issues that have an impact in Seminole County; and (3) he has encouraged staff to be more involved in the local community, and he thinks this will be a great opportunity to meet other lawyers and judges at functions so that the County’s good work gets out in another forum.  He said he plans to send a memo to the Board regarding this. 

     Upon inquiry by Commissioner Henley on the impact to the budget, Mr. Applegate said the membership to FAC is $100 per lawyer for the year and that includes all the CLE.  The local bar fee is $150 per attorney.  He stated he has the money in his budget for that. 

Chairman’s Report

     Chairman Carey advised she will be attending the MetroPlan Orlando meeting on January 17 as an alternate for Commissioner Henley, who will not be able to attend. 

-------

     Chairman Carey said for her appointments from the Chair, she has circulated the list (copy received and filed) to the Commissioners’ offices.  She will probably look at adding a couple of other alternate options in the event one of them is not able to attend.  She will bring this back at the next Board meeting for final approval with the Board. 

     Commissioner Dallari explained why the MetroPlan meeting was rescheduled to January 17, 2012, which was due to a SunRail meeting scheduled for the same time on January 18.

-------

     Chairman Carey announced that Commissioner Van Der Weide is still out on medical leave.  She said she missed his birthday in December, but he does have a 50th Wedding Anniversary coming up this week with his wife, Judy.  She asked the Commissioners to forward him a card or an e-mail if they get the opportunity to do so.  She wished Commissioner Van Der Weide and his lovely bride, Judy, a Happy Golden Anniversary.

-------

     Chairman Carey asked for approval by Resolution of her district appointments and reappointments.

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to appoint/reappoint by Resolution the following:  appoint Katrina Powell to the Planning & Zoning Commission for a four-year term ending January, 2016, by appropriate Resolution #2012-R-12, as shown on page _______; reappoint Steve Coover to the Board of Adjustment for a four-year term ending January, 2016 (previously appointed on Dec. 13, 2011); reappoint Gayle Hair to the Animal Control Board for a one-year term ending January, 2013, by appropriate Resolution #2012-R-13, as shown on page _______; reappoint Stanley Weinroth to the Seminole County Industrial Development Authority (SCIDA) for a four-year term ending January, 2016, by appropriate Resolution #2012-R-14, as shown on page _______; reappoint Deanna Schott to the Contractor Examiner’s Board for a one-year term ending January 2013, by appropriate Resolution #2012-R-15, as shown on page _______; reappoint Don Nicholas to the Leisure Services (Parks and Preservation) Advisory Committee for a three-year term ending January, 2015 (previously appointed on Dec. 13, 2011); and adopt appropriate Resolution #2012-R-16, as shown on page _______, of appreciation to Walt Eismann for his service on the Planning & Zoning Commission.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Chairman Carey recommended the Board’s reappointment of Deputy Keith Wiseman to the Animal Control Board for a one-year term.

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to reappoint Deputy Keith Wiseman to the Animal Control Board for a one-year term ending January, 2013, by appropriate Resolution #2012-R-13.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Chairman Carey announced that Monday, January 16, Dr. Martin Luther King, Jr. will be honored celebrating his birthday.  A number of activities will be going on this weekend in the city of Sanford with a Commemorative Banquet on Saturday night at the Sanford Civic Center and a Parade and Rally on Monday, beginning at 10:00 a.m.  She said, hopefully, all the Commissioners have seen that information and will be able to participate.  Also, the city of Oviedo will be hosting a celebration on Monday at 10:00 a.m. and the details can be found on both web sites.

District Commissioners’/Committee Reports

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to reappoint Eunice Mann to the Seminole County Historical Commission for a two-year term ending January, 2014, by Resolution #2012-R-17, as shown on page _______; reappoint David Putz to the Contractor Examiner’s Board for a one-year term ending January 1, 2013 (previously appointed on Dec. 13, 2011); reappoint Charles Lippoldt to the Contractor Examiner’s Board for a one-year term ending January 1, 2013, by Resolution #2012-R-15, as shown on page _______; and reappoint Jeff Ebers to the Leisure Services (Parks and Preservation) Advisory Board for a three-year term ending January 1, 2015, by appropriate Resolution #2012-R-18, as shown on page _______.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to appoint Dr. Giovanni Vergel, Veterinarian, to the Animal Control Board by appropriate Resolution #2012-R-13; and adopt appropriate Resolution #2012-R-19, as shown on page _______, of appreciation to Dr. Joseph Vaughan for his service on the Animal Control Board.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Motion by Commissioner Dallari, seconded by Commissioner Horan, to reappoint Brindley Pieters and Regina Bereswill to the MetroPlan Orlando Citizens Advisory Committee by appropriate Resolution #2012-R-20, as shown on page _______.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Commissioner Dallari stated he would like to bring back before the Board the expansion of SR 419 through Chuluota for the allocation of the funds and what they can potentially do.  He asked if that can be scheduled for the first meeting in March.  Chairman Carey asked Mr. Hartmann to schedule that discussion on the agenda.

-------

     Commissioner Dallari said Barbara Hughes, Cooperative Extension Agent, and others have been doing a phenomenal program for Community Gardens in the schools.  He stated he would like to see if there is a way of implementing in the Land Development Code some of the programs for Community Gardens in some of the CRA’s and areas around the County.

     Chairman Carey said there are a number of County facilities where they can probably use some new landscaping opportunities as a Community Garden or something else.

     Commissioner Dallari recommended the other Commissioners have a briefing from Ms. Hughes about the program.

-------

     Motion by Commissioner Horan, seconded by Commissioner Dallari, to appoint Chuck Drago to the Leisure Services (Parks and Preservation) Advisory Board for a three-year term, by appropriate Resolution #2012-R-18; appoint Paul Sladek to the Planning & Zoning Commission for a four-year term by appropriate Resolution #2012-R-12; reappoint Jennifer Finch to the Library Advisory Board by appropriate Resolution #2012-R-21, as shown on page _______; adopt appropriate Resolution #2012-R-24, as shown on page _______, of appreciation to Bob Adolphe for his service on the Parks and Preservation Advisory Board; and adopt appropriate Resolution #2012-R-26, as shown on page _______, of appreciation to Alex Setzer for his service on the Planning & Zoning Commission.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Commissioner Horan reminded everyone that next weekend the annual Scottish Highland Games will open in the Winter Springs area, and tickets are available on the web site.  He said this is a tremendous event and a lot of fun.

-------

     Commissioner Henley advised the Commissioners should receive an invitation today from DOT, District 5, about the historic SunRail groundbreaking on Friday, January 27, at 10:00 a.m. in Altamonte Springs, SR 426 and Ronald Reagan Boulevard.  He reminded the Board that an RSVP is requested.

-------

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to appoint Cliff Miller to the Seminole County Port Authority for a four-year term expiring January 1, 2016, by appropriate Resolution #2012-R-22, as shown on page _______; appoint Greg Zullig to the Library Advisory Board for a two-year term expiring January 1, 2014, by appropriate Resolution #2012-R-21; appoint Katrina Powell to the MetroPlan Orlando Citizens Advisory Committee for a term expiring January 1, 2015, by Resolution #2012-R-20; and adopt appropriate Resolution #2012-R-23, as shown on page _______, of appreciation to Brandi Triplett for her service on the MetroPlan Orlando Citizens Advisory Committee.

     Districts 1, 2, 4 and 5 voted AYE.

-------

     Chairman Carey said Mr. Applegate did an excellent job representing the BCC at the School Board when he made the presentation to them on the redistricting.  She thanked him for that.

-------

     Commissioner Henley stated there seems to be circulating in the community that the School Board had requested the BCC to do an overpass in a different section of the County.  He said in all the years he has served as Chairman on the Board and liaison to the School Board, no one has ever recommended to him that the BCC do that.  Chairman Carey said she received that same phone call regarding the Alafaya Trail area.  Commissioner Dallari said it’s on SR 434 by Chapman Road.  Commissioner Henley stated he wants the public to know that the BCC has never received the request, though they are being accused of ignoring it.  Chairman Carey stated she had never heard of such a request either until she received the phone call from the same individual.

County Manager’s Report

     Mr. Hartmann introduced Val Turner to the Board, who began work a couple of weeks ago as the new Community Services Director.  He welcomed her to the office and said he thinks she will be a great asset to the leadership team.  Chairman Carey welcomed Ms. Turner to Seminole County.

     Mr. Applegate stated he spoke to the West Palm Beach City Attorney and she raved about Ms. Turner’s ability and expertise in her area.

-------

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:33 a.m., this same date.

 

 

ATTEST:_______________________Clerk_____________________Chairman

cc