BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 13, 2009
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 13, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Bob Dallari, District 1
Vice Chairman Mike McLean, District 2
Commissioner Dick Van Der Weide, District 3
Commissioner Carlton Henley, District 4
Commissioner Brenda Carey, District 5
Clerk of Circuit Court Maryanne Morse (Late)
County Manager Cindy Coto
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Associate Pastor Charles Higgins, Westview Baptist Church, Sanford, gave the Invocation.
Imogene Yarborough led the Pledge of Allegiance.
The Chairman recessed the Board of County Commissioners meeting at 9:32 a.m. in order to convene the meeting of the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. Highway 17-92 Community Redevelopment Agency
Planning and Development Director Dori DeBord addressed the Board to introduce Phil Laurien with the results of the first phase of the parcel inventory study that was completed for the Fern Park District of the US 17-92 Community Redevelopment Area. This was begun in September, and she said Mr. Laurien did a wonderful job of looking at the parcels along the first phase of
the study which was from the County line to SR 436.
Phil Laurien, Executive Director, East Central Florida Planning Council, addressed the Board to give a PowerPoint (received and filed) presentation of the inventory analysis of the existing land use and parcels in the Fern Park Corridor. His presentation covered the topics of Base Map and Data Development; Defining and Mapping Vacant and Underutilized Parcels; Land Readjustment Potential; Analog Case Study Areas; and Planning Approaches and Recommendations.
Clerk Maryanne Morse entered the meeting room at 9:35 a.m.
Mr. Laurien gave some recommendations to consider as follows: 1. To have an inventory of the entire corridor is important if the County is going to master plan it, so he would hope the Board would continue the analysis to the entire corridor. 2. To really get the maximum bang in the CRA Corridor, transit is going to have to be a component. The increased intensities are going to need to mitigate those trips that would be in automobiles with transit, whether it is rubber-tired bus initially or bus-rapid transit eventually, they will be feeding by bus to the commuter rail locations. He thinks that is important to consider. 3. Floor area ratio is something the County staff has debated and thought about extensively. He thinks it is important to look at the case studies and not go too low. He thinks in an area where they are going to try to have redevelopment, they may also want to have a minimum density and intensity. It is the same for parking standards. If going to redevelop the corridor and if transit is going to be a driver, then they should be able to reduce the parking requirements for off-street parking. If they do that, they can move away from the suburban parking standards that have been in place for that corridor. 4. Regarding building heights and setbacks, he thinks the neighbors in this corridor will need to have some assurance of how tall the buildings will be and what they will look like next to their house. He explained that for the neighbors, he thinks they will need to identify bulk and height at some point through pictures and visual preference surveys to give the people a sense of comfort of how does this blend with what’s already there. 5. On reassembly strategies, he explained that if the County can communicate directly with the Landowners and they start talking with their neighbors, they will see that on the opportunity sites, their land may actually be more valuable in conjunction with some of their neighbors. That begins the conversation where they can start thinking about future redevelopment.
Upon inquiry by Commissioner McLean about whether Mr. Laurien found any surprises, he said there is a great variety in this first mile with everything from new, modern structures to very small used car lots. There are some very old antiquated uses and some very new commercial uses. The greatest thing he saw were the tremendous opportunities on these sites for reassembly and redevelopment.
Commissioner Carey stated she thinks this is a very comprehensive, detailed report, which is what they need when they have these type projects done, and at a very reasonable rate. She thanked the Planning Council for their forward thinking and for stepping out and providing this kind of service. She said she would like to have this same type of comprehensive plan for the entire corridor. She thinks they should accept the findings of this report and look at continuing the study of the corridor. She would like to get a proposal from the Planning Council on what that would entail.
Motion by Commissioner Henley, seconded by Commissioner McLean, to accept the study from the ECFRPC Mapping and Redevelopment project for the Fern Park District of the US 17-92 Community Redevelopment Area; and authorize the Planning Department to begin revising the US 17-92 Master Plan using this information.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Carey, to authorize the County Manager to begin negotiating an agreement to continue this study up the corridor into the city of Sanford.
Under discussion, Commissioner Carey said there are some other CRA’s in that area, and she doesn’t think they should hopscotch, but maybe talk to the other CRA’s about their participation.
Commissioner Henley said he thinks the approach would be to ask for some time on the various City Commissions’ agendas to have Mr. Laurien and his team, if possible to present this to the entire Commissions of Longwood, Winter Springs, and Casselberry so they can fully understand what the BCC is after.
Chairman Dallari clarified the motion is to continue this up the whole corridor with the ECFRPC’s financial participation and present the study before the cities and ask them for their financial presentation also. Commissioner Carey clarified further that the motion is to do the County’s CRA now and talk to the cities about their participation.
Commissioner Van Der Weide stated he thinks it is critical that the Board gets the cities’ approval and cooperation from the “get-go” and have a clear understanding with all the partners on what they are trying to accomplish because the last thing they want to do is get into some sort of turf battle, perceived or non-perceived.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey asked what is the status of Longwood’s participation in the CRA.
Ms. Coto said the staff made a presentation in December for Longwood and since that time, there has not been any additional outreach from Longwood, nor was there any indication at that time that the City wished to take it any further.
Chairman Dallari stated he had a conversation with City Commissioner Dorso who came to the RPA meeting and he was very pleased with the direction that the RPA was taking, but he has not heard anything more about their participation.
Commissioner Carey stated she thinks it is important that the County reaches out to them and share this information because the City has a huge site vacant in their corridor.
Upon inquiry by Chairman Dallari, Mr. Laurien advised they did not analyze the capacity of the utilities but showed what was in the ground as given by the County staff. He said that is an engineering analysis and would be a study for someone with that capability, but the Regional Planning Council could not do that type of study.
Ms. DeBord advised that issue has already been addressed as part of the County’s Comprehensive Plan. She explained that staff has already analyzed the capacity issues along the 17-92 Corridor and will include that information in the master plan. This is for water and sewer in the utilities, but not for stormwater. She said staff will ask the RPA and the BCC to allow them to look at stormwater at a future time as part of the master planning effort.
Commissioner Carey stated that DOT has some roadway improvements going on there and there will probably be some stormwater plan for that. It would make sense if the County looks at those plans now and possibly expand their stormwater ponds and their capacity as part of the road projects. It would be much better use of time and money spent to do it jointly rather than the County undertaking this on its own and go tear up the road after it is widened.
Commissioner Henley advised he and Jerry McCollum had discussions with DOT regarding their current drainage plan along that area and they plan on elevating the highway five feet beginning at Bill Ray’s used auto dealership up to the top of the hill. He told of a meeting held with Secretary Downs and the engineers where they discussed their plans for buying two other sites. He asked would it have been wiser to analyze the potential of buying a site and create a more regional pond rather than buying the other two sites which they will have to mitigate for. DOT stopped the design work and the engineers were instructed to go back and do an analysis of those two sites. He said he spoke to George Lovett recently and he indicated they are nearing completion of that analysis, so it might well be what is being talked about today can be accomplished and will serve a greater capacity than anticipated.
Jerry McCollum, County Engineer, addressed the Board to state he also talked to Mr. Lovett last week and he indicated it is time to make the decision. Mr. Lovett hopes to have an answer to him in about two or three weeks. He thinks he will have an answer within about 30 days on the pond.
Chairman Dallari asked Mr. Laurien what he thinks would be the next step to take.
Mr. Laurien said that would be to continue the inventory for the corridor so they have the consistent data to look at physical conditions and all the potential opportunity sites. On the 21 numbered parcels, he thinks they should wait until they do the master plan first, but he said the Board may look at some of these parcels as critical pieces for the future. For some of the parcels, the Board may want to think about them for acquisition. He suggested seeing what happens with commuter rail. If the liability cap is overcome and commuter rail is a reality and is going to have service in the 17-92 Corridor, he would like to see the County work for an additional commuter rail stop in the Fern Park area. He thinks there are at least two locations that might be viable. Discussion continued.
Chairman Dallari said they have instructed staff to continue with the rest of 17-92, but do they want to include the stormwater research or wait for that.
Commissioner Carey said she thinks they need to get this information and stormwater can come along later.
Ms. DeBord said she would like to get the parcel inventory completed so when they lay the stormwater over that, they will know what they can be looking at as far as possible acquisition and location. She said staff is about a month away from bringing to the RPA and the BCC the scope for the master plan as well as what staff thinks the cost of the studies will be to incorporate them. She is looking to bring that to the Board no later than February. With the Board’s authorization today, she can get Mr. Laurien started on the rest of the parcel inventory. In the short term, they need to finish the parcel inventory and mid-term would be to look at the master plan and begin that effort and put all these studies together. The long-term is to implement the master plan and begin to work on what parcels they would want to layover for stormwater systems, transit stops and things like that that need to be included in the corridor.
Chairman Dallari said he would like to find out what the cost would be to do the stormwater analysis so they can plan for it.
Commissioner Carey explained she doesn’t know how they can get a cost without knowing what the land use is.
Ms. DeBord stated the Board just adopted the mixed land use so they have the high-end densities and intensities that would be allowed on the corridor. She doesn’t know if staff can be site specific, but they can probably begin a broader brush approach to looking at the stormwater. She advised that staff can look at the minimum standards mentioned by Mr. Laurien as a threshold and talk to the consultants to have information to bring back to the Board.
Commissioner Van Der Weide said they need to remind each other that there is a big dark cloud over their heads relative to funding, not only locally but at the state. He said all this is going to have to interface with what’s available in funds.
Ms. Coto said the dollars they are speaking of are the Community Redevelopment Agency dollars and not the General Fund dollars. She stated staff will come to the Board at the first meeting in February and give an overview of the budget process as well as where the County is financially. Further discussion ensued.
Commissioner Carey said currently the $10 million the Board set aside a few years ago for land acquisition was in the General Fund, but maybe the CRA should look at setting aside a pot of money for land acquisition.
Ms. Coto advised there are dollars set aside now in the CRA funds for land acquisition, but it is just a little over a $1 million.
Chairman Dallari said he believes when the RPA brings to the CRA the master plan, part of that will have a redefined budget more in line with what the Commissioners are looking at.
The Chairman adjourned the U.S. Highway 17-92 Community Redevelopment Agency meeting at 10:31 a.m. and reconvened the Board of County Commissioners meeting at 10:31 a.m., this same date.
COUNTY MANAGER’S CONSENT AGENDA
Ms. Coto advised of add-on Item #18A, Public Assistance Subgrant Agreement associated with Tropical Storm Fay requesting reimbursement from FEMA. She said Item #29 is pulled from the agenda and will be brought back on a future agenda. She corrected the proposed motion for Item #31 to read Fern Park (and not Fern Drive).
Commissioner Carey discussed Item #15, Resolution amending the Administrative Code to add Section 22.20, Grants Management Policy, stating this policy proposes the County Manager be able to sign grant applications up to $50,000 without them coming before the BCC. She said a lot of the grants require a match. She thinks if staff applies for a lot of grants that the Board is not willing to support when it comes to accepting the grant because a match is involved, soon people will stop wanting to give the County grants because they have an approval process beforehand. She corrected page 3, Section (d) of the amendment to the Code to read “signature by the Chairman” and not by the “chief elected official.” She questioned if the Board wants to give the County Manager the authority to submit grant applications up to $50,000 before they come to the Board. She said she has concerns for grants with a match, if it is not budgeted.
Commissioner Henley stated the Board has charged the County Manager with the budget and management of it, and he thinks it would be foolish for her to approve a matching grant if the money is not available to do it. He would hold her accountable for that. He said he doesn’t have a problem one way or the other.
Commissioner McLean stated they need to make the change Commissioner Carey made on the “chief elected official,” but he is comfortable with the $50,000 level.
Chairman Dallari stated that right now, he has no problems with the $50,000 and thinks if the County Manager has issues with moving money around, then the Board needs to discuss that as a separate issue.
Commissioner McLean asked questions about Item #20, Budget Request in the amount of $5,831,999. He asked if it is correct that they have now boosted the reserves by $5.8 million due to this change.
Lisa Spriggs, Fiscal Services Director, addressed the Board to state that is correct. She explained the split funding.
Chairman Dallari further explained that this is not General Fund money.
Commissioner Henley asked Ms. Coto if she had the explanation of why the County entered into a seven-year contract for design regarding Item #7, award of PS-3556-08 to Professional Engineering Consultants, Inc., for CR 419 – Snow Hill Road to the Orange County Line.
Ms. Coto advised she spoke to Mr. Hooper and Mr. McCollum and in the past when the County has had these types of contracts, it has been seven years. It is based upon the length of time it takes associated with the study and the design.
Mr. McCollum stated staff is trying to standardize on the contracts. With the major contracts, they have been using seven years. He explained by the time the design consultant does the design, staff acquires the right-of-way and go to construction, that’s five to six years. During construction, there may be questions of the design engineer. He said with right-of-way acquisition, many times that goes beyond the actual construction because of the eminent domain process; and staff has to use an engineer to testify in court, therefore, they have a contract with the engineer. He explained it doesn’t take that long to do the design, but it’s the other activities. He said seven years gives them the window of time to work with.
Mr. McMillan further explained that the seven years has to do with post design services, testimony, and times for revising the design. This is the full length of the whole process.
Commissioner Henley said this needs to be worded differently.
Chairman Dallari said they have spoken before about the community meetings as promised for the rural area as well as trying to improve some of the drainage issues in the Chuluota area. He asked if those things will be addressed.
Mr. McCollum explained there will be very intensive public involvement meetings and this will come before the Board through the public hearing process for adoption of the alignment and typical section. He said everyone is aware of the interest and concern in that area. In terms of the drainage, staff will study along the corridor.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and authorize the following, as amended:
Purchasing and Contracts
2. Approve Change Order #2, as shown on page _______, to CC-2822-07/VFT - Jamestown Sanitary Sewer Project to Cathcart Contracting Company, Winter Springs, FL in the amount of $83,201.72, for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct a sanitary sewer system in Jamestown, Seminole County, Florida, located off of State Road 426 approximately 2 miles south of W. Mitchell Hammock Road.
3. Approve Change Order #3, as shown on page _______, to CC-2945-07/VFT - Rising Sun Boulevard Water Main Project with C & C Site Development, Inc. of Osteen, Florida, in the amount of $17,030.25, to provide for the removal of 725 feet of asbestos concrete pipe and for an additional seven (7) days due to delays caused by Tropical Storm Fay.
4. Approve Amendment #2, as shown on page _______, to PS-5151-03/AJP - Cassel Creek Stormwater and Investigation Facility with BCI Engineers & Scientists, Inc. of Lakeland, Florida, to increase the total not-to-exceed amount for the term of the Agreement by an additional $200,000.00.
5. Award IFB-600463-08/GMG, as shown on page _______, Term Contract Patching and Repair of Streets, Driveways, Curbs and Gutters to Site Solutions of Central Florida, Apopka (Primary Contractor), and Barracuda Building Corp., Apopka (Secondary Contractor) (estimated $850,000.00 per year).
6. Approve the Proprietary Source Procurement Agreement, as shown on page _______, and the issuance of Purchase Orders for the maintenance, parts and repairs of the elevators at the Criminal Justice Center through the life of the equipment with Thyssenkrupp Elevator, Inc., Orlando (not to exceed $40,000.00 per year plus an annual percent increase in accordance with the Consumer Price Index and/or Producer Price Index).
7. Approve the negotiated rates and award PS-3556-08/JVP, as shown on page _______, Engineering Study and Design Services for CR 419 - Snow Hill Road to the Orange County Line, to Professional Engineering Consultants, Inc., of Orlando, Florida (estimated usage amount of $1,400,000.00 over the term of the Agreement).
8. Approve and authorize the Chairman to execute the Amendment and Renewal, as shown on page _______, to the Substance Abuse Services Agreement (RFP-4258-05/BLH).
9. Approve and authorize the Chairman to execute the Annual Choose Life Specialty License Plate Affidavit, as shown on page _______, to the Department of Highway Safety and Motor Vehicles.
10. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with International Council of Central Florida (ICCF) in the amount of $6,400.00 to assist with advertising and promoting the International Visitor Leadership Program to promote Seminole County.
11. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Spring Breaks Sports, Inc. in the amount of $15,500.00 for the 2009 Spring Break Sports Event.
12. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the Scottish-American Society of Central Florida, Inc. for the 2009 Central Florida Scottish Highland Games in the amount of $14,572.00.
13. Approve release of the Original Water & Sewer Maintenance Bond for the project known as Lake Forest 15.
14. Adopt appropriate Resolution #2009-R-14, as shown on page _______, amending the Seminole County Administrative Code reflecting revised meter installation materials costs.
15. Adopt appropriate Resolution #2009-R-9, as shown on page _______, amending the Seminole County Administrative Code to add Section 22.20 which establishes the Grants Management Policy for countywide pursuit and management of grant funds received from outside revenue sources.
16. Authorize the Tax Collector's Office to publish the 2008 Delinquent Tax lists in the Sanford Herald at the quoted rates.
17. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Department of Environmental Protection in acceptance of $175,000.00 through their Recreational Trails Program for improvements to the Cross Seminole Trail.
18. Approve to submit a Grant Application to the Florida Division of Emergency Management requesting grant funds through their Repetitive Flood Claims Program, and authorize the County Manager to execute any supporting documents.
18A. Approve and authorize the Chairman to execute the Public Assistance Subgrant Agreement for Tropical Storm Fay, as shown on page _______, with the State of Florida, Division of Emergency Management.
19. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-1, as shown on page _______, implementing Budget Amendment Request (BAR) #09-19 through the General Fund in the amount of $165,151.00 to carry forward unused grant proceeds.
20. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-2, as shown on page _______, implementing Budget Amendment Request (BAR) #09-20 through the 1991 Infrastructure Sales Tax Fund in the amount of $5,831,999.00 in order to correct the interfund split for the Bunnell Road and Eden Park Avenue Roadway Improvement project.
21. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-3, as shown on page _______, implementing Budget Amendment Request (BAR) #09-21 through the 1991 Infrastructure Sales Tax Fund in the amount of $375,000.00 in order to establish and provide funding for the Wymore Road Sidewalk sub-project.
22. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-4, as shown on page _______, implementing Budget Amendment Request (BAR) #09-22 through the Public Works Grant Fund in the amount of $1,179.00 reflecting the reduction of the Florida Mosquito Control Grant.
23. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-5, as shown on page _______, implementing Budget Amendment Request (BAR) #09-23 through the Leisure Services Grant Fund & General Fund in the amount of $350,000 to accept the Recreational Trails Grant.
24. Adopt and authorize the Chairman to execute appropriate Resolution #2009-R-6, as shown on page _______, establishing revisions to Section 20.37, MSBU Application Fee Schedule, of the Seminole County Administrative Code.
25. Adopt and authorize the Chairman to execute appropriate Resolution #2009-R-7, as shown on page _______, establishing revisions to Section 22.10, MSBU Program, of the Seminole County Administrative Code.
Parks and Recreation
26. Adopt and authorize the Chairman to execute appropriate Resolution #2009-R-8, as shown on page _______, amending the Seminole County Administrative Code, Section 28.10 Boating Improvement Program, as amended.
27. Adopt and authorize the Chairman to execute appropriate Resolution #2009-R-15, as shown on page _______, amending the Seminole County Administrative Code Section 28.20, Parks/Trails Naming Procedures, to become Section 28.20, Policy for Naming/Renaming Seminole County Parks, Open Spaces, Park Related Facilities, Historical Sites, Trails, Trailheads, and Natural Lands, as amended.
28. Adopt and authorize the Chairman to execute appropriate Resolution #2009-R-10, as shown on page _______, amending the Seminole County Administrative Code Section 28.5, Adopt-A-Trailhead, to become Section 28.5, Adopt-A-Park, as amended.
Planning and Development
29. Pulled from the agenda the request to approve and authorize the Chairman to execute a Resolution renaming Beardall Avenue to Skyway Drive.
30. Approve and authorize the Chairman to execute the final plat for Wekiva Landings Subdivision located south of East Wekiva Trail and west of North Hunt Club Blvd. in Section 6, Township 21 South, Range 29 East (Lennar Homes, LLC).
31. Approve the Release of Lien in the amount of $12,000.00, Case No. 08-08-CEB, on 701 Coach Light Drive, Fern Park, Tax Parcel #20-21-30-526-0A00-0260, previously owned by Nancy Foy, and currently owned by Countrywide Home Loans, Inc., and authorize the Chairman to execute a Release of Lien, as shown on page _______.
32. Approve and authorize the Chairman to execute a Mitigation Reservation and Purchase Agreement (MRPA), as shown on page _______, for purchase of wetland mitigation units by Seminole County in conjunction with the State Road 434 Widening Project (Interstate 4 to Rangeline Road) from Schrimsher, Inc., owner of the Lake Jesup Mitigation Area.
Roads - Stormwater
33. Approve and authorize the Chairman to execute Florida Department of Agriculture and Consumer Services (DACS) Form 13613, as shown on page _______, acknowledging a reduction in State grant revenue for mosquito control.
Districts 1, 2, 3, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Motion by Commissioner Carey, seconded by Commissioner McLean, to approve and authorize the following:
34. Approval of Expenditure Approval Lists, as shown on page _______, dated November 24 and December 1, 8, & 15, 2008; and Payroll Approval Lists, as shown on page _______, dated November 26 and December 11, 2008; approval of BCC Minutes dated November 18, 2008; and noting, for information only, the following Clerk’s “received and filed”:
1. Amendment #2, as shown on page _______, to Work Order #56 to PS-5120-02.
2. M-4040-08/VFT Agreement, Conpilog International Company, as shown on page _______.
3. Letter from Chairman Bob Dallari to Maryanne Morse, Clerk of Courts, advising that he and Commissioner Van Der Weide will serve on the Value Adjustment Board for 2009.
4. Amendment #3, as shown on page _______, to Work Order #59 to PS-5120-02.
5. RFP-600503-08, I.T. Security Audit, Sunera, LLC, as shown on page _______.
6. Second Amendment, as shown on page _______, to IFB-600108-06.
7. Amendment #1, as shown on page _______, to Work Order #1 to PS-0955-06.
8. Tennis Developmental Instructor Agreement for Sinan Sudas, and Assistant and Associate Tennis Pro Agreement for Jason Cordova, as shown on page _______.
9. Work Order #16, as shown on page _______, to CC-1284-06.
10. Change Order #1, as shown on page _______, to Work Order #22 to CC-1075-06.
11. Amendment #1, as shown on page _______, to RFP-1347-06.
12. First Amendment, as shown on page _______, to IFB-3101-05.
13. First Amendment, as shown on page _______, to Litigation Consultant Services Agreement, GAI Consultants, 2007-CA-826-13-K.
14. Litigation Consultant Services Agreement, Clayton, Roper & Marshall, 2007-CA-1604-0111-13-W, as shown on page _______.
15. Work Order #40, as shown on page _______, to PS-5174-04.
16. Work Order #84, as shown on page _______, to PS-5150-03.
17. Work Order #64, as shown on page _______, to PS-5120-02.
18. Change Order #1, as shown on page _______, to Work Order #2 to CC-2184-07.
19. Amendment #1, as shown on page _______, to Work Order #62 to PS-5120-02.
20. Letter from David Martin, CPA, Auditor General, to Maryanne Morse, Clerk of Circuit Court, submitting Report #2009-055, Seminole County District School Board Operational Audit.
21. Title Opinion, as shown on page _______, for H&H Farms Subdivision Minor Plat.
22. Amendment #1, as shown on page _______, to Work Order #2 to PS-0147-05.
23. Work Order #65, as shown on page _______, to PS-5120-02.
24. Addendum #19, as shown on page _______, to Wekiva Golf Club Townhomes Minor Amendment.
25. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Boxley Enterprises for the project known as Boxley Plaza.
26. Conditional Utility Agreements, as shown on page _______, for Potable and Reclaim Water and Sewer Service with Eden Point LLC for the project known as Eden Point.
27. Conditional Utility Agreements, as shown on page _______, for Potable and Reclaim Water and Sewer Service with Thelma C. Yates Revocable Trust and William Yates Family Trust for the project known as Eden Point.
28. Notice of Commission Hearing and Prehearing to Florida Power & Light Co., Wheelabrator Technologies, Inc. and All Other Interested Persons re: Petition for approval of renewable energy tariff and standard offer contract.
29. Change Order #2, as shown on page _______, to CC-2213-07.
30. Change Order #1, as shown on page _______, to RFP-0613-06.
31. Change Order #3, as shown on page _______, to CC-2486-07.
32. Second Amendment, as shown on page _______, to IFB-3132-05.
33. Amendment #1, as shown on page _______, to Work Order #31 to RFP-0225-05.
34. Work Order #32, as shown on page _______, to RFP-0225-05.
35. Amendment #1, as shown on page _______, to Work Order #8 to PS-5185-05.
36. Cash Maintenance Bonds with Escrow Agreements, as shown on page _______, for the projects known as Magnolia Corporate Center and Remington Commercial Park.
37. Letters of Understanding, as shown on page _______, with the cities of Altamonte Springs, Casselberry, Sanford, Winter Springs, and Longwood for the Florida Yards & Neighborhood Program.
38. Work Order #19, as shown on page _______, to PS-5182-05.
39. Amendment #1, as shown on page _______, to Work Order #14 to RFP-0013-05.
40. Sixth Amendment, as shown on page _______, to RFP-4253-05.
41. Assistant & Associate Tennis Pro Agreement for Robyn Suto, as shown on page _______; and Tennis Developmental Instructor Agreement for John Sanders, as shown on page _______.
42. Amendment #2, as shown on page _______, to Work Order #26 to PS-1074-06.
43. Change Order #2, as shown on page _______, to CC-2183-07.
44. Amendment #1, as shown on page _______, to Work Order #2 to RFP-0558-06.
45. Closeout, as shown on page _______, for Work Order #13 to CC-1284-06.
46. Work Order #2, as shown on page _______, to PS-1903-07.
47. Work Order #11, as shown on page _______, to PS-1020-05.
48. Change Order #3, as shown on page _______, to CC-2324-07.
49. Memorandum to Ann Colby, Assistant County Attorney, from David Shields, Assistant County Attorney, re: Basic Services Agreement Amendment Request for Seminole County v. Sobik’s of Airport Blvd., Inc.
50. IFB-600515-08 Contract, as shown on page _______, for Purchase of Animal Medicine and Supplies with Henry Schein Animal Health and Webster Veterinary Supply, Inc.
51. Certificate of No Recall, as shown on page _______, for Florida Jai-Alai, Inc.
52. Memoranda to Ann Colby, Assistant County Attorney, from David Shields, Assistant County Attorney, re: Basic Services Agreement Amendment Requests for Seminole County v. Sobik’s of Airport Blvd., Inc. and Seminole County v. Timothy A. Waddle, et al.
53. Change Order #2, as shown on page _______, to CC-2486-07.
54. Work Order #25, as shown on page _______, to PS-5190-05.
55. Parks Contracts, as shown on page _______, for Services for Raymond Gerondel and Amy Sigmon.
56. Work Order #4, as shown on page _______, to PS-2564-08.
57. Letter to Maryanne Morse, Clerk of Circuit Court, from Donna Gardner, City Clerk, city of Casselberry, re: annexation Ordinance #08-1259.
58. Third Amendment, as shown on page _______, to M-491-05.
59. Work Order #107, as shown on page _______, to PS-5165-04.
60. Tennis Pro Agreements, as shown on page _______, for the following: Danny Colon; Deborah G. Coreil; Taryn Lamonettin; Rachel L. Magory; Leanne Yarn; Roger Crawford; Sarah Harkins; Peter Mainelli; Danny Keating; and Chelsea Maratta.
61. First Amendment, as shown on page _______, to IFB-600301-08.
62. Title Opinion, as shown on page _______, for Terracina at Lake Forest Second Amendment.
63. Amendment #1, as shown on page _______, to Work Order #9 to PS-1020-05.
64. Work Order #46, as shown on page _______, to PS-1074-06.
65. Work Order #6, as shown on page _______, to PS-5147-03.
66. Work Order #15, as shown on page _______, to CC-1284-06.
67. Bills of Sale, as shown on page _______, for Remington Commercial Park and Magnolia Corporate Center.
68. Board of Adjustment Development Orders, as shown on page _______, as follows: Andrea Kaye; Ly Phillip & Diep Thi Nguyen; Islam & Matape Kadriu; Brenda Byers; Rachel & Von A. Plourde; Charles & Ann Hortenstine; Aaron & Brandy Carter; Bruce & Julie Lapina; Roland & Rena Buhrow; Bienvenido Olavarria & Nidia Gonzalez; Seminole County BCC; and MSKP Springs Plaza.
69. Bids as follows: CC-4082-08; RFP-600547-08; and CC-3949-08.
35. Approval by the Board of County Commissioners to contribute $14,000.00 from the Law Enforcement Trust Fund to provide funds for “Project Graduation” to Seminole County high schools.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tina Williamson, Assistant Planning Manager, addressed the Board to present the request for reduction to the Code Enforcement Board lien from $4,000.00 to $2,082.18, which represents an 80% reduction of the total lien plus administrative costs of $1,282.18 for Case #08-126-CEB on the property located at 211 Nob Hill Circle, Longwood – Richard and Laura Napoleon, and require these costs to be paid within 60 days or the lien will revert to its original amount ($4,000.00). Ms. Williamson said after reviewing the case, staff is recommending the lien be reduced.
District Commissioner Van Der Weide stated he has been looking into this and have talked to the applicant. It seems to him that the County’s administration costs have really got out of hand. He said this is a tremendous amount and he asked what is the staff doing that costs that amount of money.
Ms. Coto stated that staff was directed by the Board approximately two years ago to make sure they were capturing all their costs. She understands this amount is for staff time, the mailings, and any fuel and vehicle costs associated with dealing with Code Enforcement Board cases. In the past, the fees have been significantly less. This was an attempt to have the full costs reimbursed.
Commissioner Carey said she thinks that came about because the staff wasn’t collecting those costs. If people are violating the codes and requiring the County to spend a lot of staff time going out to give them notice and spending a lot of time and effort on these cases; to make sure the rest of the community is protected, she thinks the land owner should have to reimburse the County for that.
Commissioner Henley stated he agrees with Commissioner Carey as it relates to the officer doing the inspections, but the costs show an hour each for reviews by the Code Board Attorney, Planning Manager, P&D Director, Deputy County Manager and County Attorney; and he said it doesn’t take him an hour to review and study the information. He thinks this is part of the concern Commissioner Van Der Weide is talking about.
Commissioner McLean said he knows they have had discussions before that if the Board keeps going in the direction of taking large percentages off the original fines, it ends up not having a lot of teeth. He asked if this was a specific situation.
Commissioner Van Der Weide said it has always been the Board’s job to look for compliance. In this particular case, it has taken more time than it should have, but there were extenuating circumstances. He reviewed that the case is for overgrown grass. That’s why the Board has the option to look at these cases individually. He said the County has been reactive and not proactive in these cases.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to reduce the Code Enforcement lien from $4,000 to the administrative cost amount of $1,282.18 for Case #08-126-CEB on property located at 211 Nob Hill Circle, Longwood, for Richard and Laura Napoleon; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.
Under discussion, Commissioner Carey discussed that she thinks they need to stress people do need to comply with the laws even if the property is for sale.
Upon inquiry by Commissioner Carey, Commissioner Van Der Weide stated the costs are to be paid within 60 days, the normal amount of time given, or the lien will revert to its original amount.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. DeBord presented the staff recommendation for the Board of County Commissioners to authorize the Chairman to execute the US 17-92 CRA Redevelopment Grant Application, Addendum A, granting permission to SafeHouse to apply for funding under the U.S. 17-92 CRA Grant Program for Redevelopment and Construction. She stated that based on the lease, staff must have Board authorization in order to sign off on the application.
Motion by Commissioner Carey, seconded by Commissioner McLean, to approve the staff recommendation and authorize the Chairman to execute the US 17-92 CRA Redevelopment Grant Application, Addendum A, as shown on page _______, granting permission to SafeHouse to apply for funding under the U.S. 17-92 CRA Grant Program for Redevelopment and Construction for property owned by the County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 10:33 a.m. and reconvened it at 10:40 a.m. with all Commissioners present. Clerk Maryanne Morse reentered the meeting at 10:41 a.m.
COUNTY ATTORNEY’S BRIEFING
Mr. McMillan reported that he sent each Commissioner an e-mail yesterday to advise them the Administrative Law Judge for Yankee Lake CUP Permit challenge has issued his recommended order and will be recommending to the St. Johns River Water Management District the issuance of the County’s permit along the lines the County requested with no additional conditions other than those previously agreed to. He said he doesn’t anticipate that order getting to the St. Johns District until March. He said if anyone wishes, he can provide a copy of the order.
Chairman Dallari asked Ms. Coto and Mr. McMillan to relay to the staff a good job done and thanks for all their efforts.
County Manager’s Briefing
Barbara Hughes, Cooperative Extension Manager, addressed the Board to thank the Commissioners for the fabulous representation they have given to serve on the Seminole County Agriculture Advisory Committee. She explained the purpose for this item is for the Committee members to brief the Board. She advised there were three items the Committee had been deliberating on and the members want to share with the Board that: 1) They would appreciate more flexible signage requirements to promote agritourism and the farm gate sales for the agricultural community; 2) They would like a general discussion with the Board on agritourism and ideas on how to better promote agricultural and economic development and tourism.
Ms. Hughes thanked Economic Development and Tourism for working closely with the Committee to help them, and the Tourism web site now has an agritourism web page.
Ms. Hughes said lastly, the Committee would like to explore ways to better communicate the economic contributions that agricultural makes. She thanked and acknowledged the Committee members who came to the meeting today—Imogene Yarborough, Bob Braun, Jim Hunter and David Evans.
Imogene Yarborough addressed the Board to state she could not stress things any more than what Ms. Hughes already said. She reiterated that they desperately need flexibility in signage, she knows this is a “teeter-totter” between agriculture, real estate and other places that want to put up their signs too. She said food is important and locally-grown food is even more important. She provided the Board with calendars, information (copy received and filed) on how much comes to the County through agriculture and information (copy received and filed) with addresses and names of local places in business now that sells farm fresh vegetables. These are the businesses asking for a little more signage to let people know where they are and what they have available.
Commissioner Van Der Weide stated he would think Seminole Government TV can help these businesses.
Bob Braun addressed the Board to thank the Board for this opportunity to speak and he thanked Commissioner Carey for his recent appointment to the Agriculture Advisory Committee. He said he and his wife own and operate Rest Haven Farm. He described his business, which is a hydroponic vegetable operation producing beef steak tomatoes, cucumbers and lettuce. He discussed the impact of the signage and what a difference it can make for a small business. He said they are in a rural area so signage is important to lead people to their operation. He said he would be happy to provide details of agricultural signage programs that are currently ongoing in other areas of the country and they have already established criteria regarding eligibility, acceptable locations and other details that have proven successful in providing relief to operations like his in the rural area without opening the floodgates to irresponsible placement of commercial signs.
Commissioner Carey asked Mr. Braun to provide that information to the staff to make sure they have the opportunity to review it.
Commissioner Henley said it seems to him that this is a reasonable request and there should be some way to deal with this. They allow commercial people to advertise and, although this is in a rural area, it is a commercial business as far as he is concerned. He said he would like to see them take a serious look at what they can do.
Ms. Coto said the staff’s recommendation is to turn this over to the Planning staff for review of the Land Development Code and take the recommendations from the Agricultural Advisory Committee and come back with some recommendations to the BCC for their consideration.
Motion by Commissioner Henley, seconded by Commissioner McLean, for staff to proceed as outlined by Ms. Coto for the Planning staff for review of the Land Development Code and take the recommendations from the Agricultural Advisory Committee and come back with some recommendations to the BCC for their consideration.
Commissioner Carey said she thinks there are ways to get easements and ways for the Board to allow signs to be placed along a major corridor working with DOT. She thinks the signs need to be more of a permanent nature and not the illegal snipe signs kind.
Commissioner Van Der Weide said he agrees with Commissioner Henley that there has to be some reasonable way to accommodate these businesses. He said this is a whole industry in the community that needs the Board’s help, and the citizens need to know that information.
Chairman Dallari said he agrees. He commended the Agricultural Advisory Committee for bringing this issue to the Board instead of trying to figure out how to put up snipe signs.
Districts 1, 2, 3, 4 and 5 voted AYE.
David Evans addressed the Board to state he is in support of the Board’s motion and he appreciates the Commissioners’ attitudes and comments. He said they will work with staff at any level. He asked for a time frame for accomplishing this.
Ms. DeBord stated she believes staff can provide recommendations back to the Board in about 60 days. She wants to make sure staff has the opportunity to work closely with the Committee. She added that they will come back to the Board in March.
Mr. Evans thanked the Board for entertaining these requests.
Commissioner Henley asked Ms. Coto if she was able to contact Bobby Brantley to get a report on the $2 Surcharge Bill. Ms. Coto advised Ms. O’Bryan was able to speak with John Harley as Mr. Brantley was out of the office at the time, and Mr. Harley was to go to the House of Representatives and speak to someone directly regarding that bill. Mr. Harley is to report back to Ms. O’Bryan before conclusion of the BCC meeting today. She hopes to have additional information for the Board under her report in the afternoon meeting.
Chairman Dallari recessed the meeting at 10:58 a.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present in the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner McLean 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.
Proofs of publication, as shown on page _________, calling for a public hearing to consider a request to Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) on approximately 5.56 acres, located on the east side of Richmond Avenue, approximately ½ mile south of the intersection of SR 46 and Richmond Avenue; and approve the Preliminary Master Plan and Development Order, Jack Reynolds, received and filed.
Ian Sikonia, Planning, addressed the Board to present request, advising that the proposed Preliminary Master Plan indicates that the project will contain a total of 59,400 sq. ft. divided between six buildings. Office uses are limited to 14,400 sq. ft. and warehouse uses are limited to 35,400 sq. ft. The applicant is proposing uses from the M-1 (Industrial) zoning district with outdoor storage. He reviewed the setbacks on the property, the proposed landscaping and the required interior landscaping. He reviewed the compatibility with surrounding properties as outlined in the agenda memorandum. He said staff finds that the requested rezone is compatible with the surrounding uses and existing development patterns of the area. The Planning & Zoning Commission (P&Z) recommended approval of the request. Staff also recommends approval of the request subject to the conditions in the development order.
Jack Reynolds, applicant, addressed the Board to state he reviewed staff comments and the development order special conditions and he has no problems with any of them. He further stated he will be glad to answer any questions.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Henley to adopt Ordinance #2009-1, as shown on page ________, rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) on approximately 5.56 acres, located on the east side of Richmond Avenue, approximately ½ mile south of the intersection of SR 46 and Richmond Avenue, and approval of the Preliminary Master Plan and Development Order, as shown on page _________, as described in the proof of publication, Jack Reynolds, per staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to Rezone from A-1 (Agriculture) to R-1AAAA (Single-Family Dwelling) on approximately 2.48 acres, located on the north side of Gabriella Lane, approximately 2,600 feet west of the intersection of Tuskawilla Road and Gabriella Lane, Ronald Morris, received and filed.
Austin Watkins, Planning, addressed the Board to present the request. He advised that the staff’s report shows the proposed request is under District 3 and it should be District 1. He stated the R-1AAAA district requires a minimum lot size of 21,780 sq. ft. and a minimum width at the building line of 100 ft. The Future Land Use designation of the subject property is Low Density Residential (LDR) which allows the requested zoning district. Staff conducted a lot size compatibility analysis and determined that the analysis supports the requested R-1AAAA zoning classification. He reviewed the compatibility of surrounding properties. The Planning & Zoning Commission recommended approval of the request. Staff is also recommending approval of the request.
Commissioner Carey clarified that there are sidewalks along Gabriella Lane.
Jack Krips, representing the applicant, addressed the Board to state he has no additional comments.
Attorney David Tegeler, 4080 Waterview Loop, addressed the Board to state he is here to speak in opposition to the proposed zoning. He stated he is representing the Autumn Glen Homeowners’ Association and the Board should have a petition signed by the property owners opposing the rezoning request. He displayed a map showing the subject property and he reviewed the location of gopher tortoises’ nests and the adjacent property owners objecting to the request. There are ten acres of agricultural zoning left in this area, and both Lot #3 and Mr. & Mrs. Kovaleski’s lot each have a single-family home. The homeowners’ association feels that agriculture is the best use for the subject property. He displayed an aerial photo (not received and filed) and stated the western side of the subject property has a significant buffer of trees and they have been there for years. Those trees are very valuable to the homeowners’ association as they have become a wildlife sanctuary of gopher tortoises and foxes living in the area. The residents feel that to allow this property to be subdivided into three lots with a very narrow access subjects those trees and a large part of their concern is they will be cut down. He said he would ask the Board to deny the request, but if the Board does approve the request, they would ask the Board to condition the approval on the maintenance of a 50 ft. wide tree buffer with the existing vegetation along the west side of the property.
Mr. Watkins discussed with Commissioner McLean the minimum lot size and the overall net density.
Upon inquiry by Commissioner Carey, Attorney Tegeler advised the Autumn Glen Homeowners’ Association has written an official letter in opposition to the request, but he is the legal counsel for them. He said he personally spoke with the President of the association and he authorized him to speak on their behalf.
Commissioner Carey stated an official species survey will be required prior to the final engineering stage.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
Mr. Watkins pointed out for Commissioner Henley the location of Waterview Loop. He discussed the terms of the setback for single-family homes.
Upon inquiry by Commissioner Dallari, Mr. Watkins advised an environmental study will be required to see if gopher tortoises are living on the property.
District Commissioner Dallari stated he feels that R-1AAAA is pretty much compatible to the west and he would recommend approval.
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt Ordinance #2009-2, as shown on page ________, approving rezoning from A-1 (Agriculture) to R-1AAAA (Single-Family Dwelling) on approximately 2.48 acres, located on the north side of Gabriella Lane, approximately 2,600 feet west of the intersection of Tuskawilla Road and Gabriella Lane, as described in the proof of publication, Ronald Morris, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated about a year ago, the Board authorized not to have BCC Chairman attend the Mayors and Managers’ meetings, and he would like authorization to reverse the Board’s decision to allow the Chairman or Vice Chairman to attend those meetings.
Motion by Commissioner McLean, seconded by Commissioner Henley to authorize the Chairman or Vice Chairman to attend the Mayors and Managers’ meetings.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
Chairman Dallari requested authorization to appoint Kendra Cassel to the Seminole County Early Learning Coalition.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to appoint Kendra Cassel to the Seminole County Early Learning Coalition.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were “received and filed”:
1. Fax dated 12/8/08 from Carla Wilson to Chairman Dallari re: anti-chaining legislation.
2. Copy of letter received 12/8/08 from Don Peterson, Black Hammock Assoc. President, to Commissioner McLean re: proposed commercial development at SR 434/Hammock Trail.
3. Letter dated 12/3/08 from J. Charles Gray, Gray Robinson Attorneys at Law, to Chairman Dallari re: support for North View project at Lockwood Rd./McCulloch Rd.
4. Letter (with attachment) dated 11/30/08 from Sam Stark, Central FL Sports Commission President, Jonathan Mousseau, Marketing Manager, Tom Hagood, Board Member, and Bruce Skwarlo, Board Member, to Chairman Dallari re: sports update and October 2008 Activities Report.
5. Letter dated 12/9/08 from Gregory Kurth, Family Services of MetroOrlando CEO, Glen Casel, CBC of Seminole President, and Kathleen Hawkins, Connecting God’s Children Board Member, to Chairman Dallari re: faith-based partnership with community and social service organizations.
6. Letter dated 12/6/08 from Shanna Smith, National Fair Housing Alliance President, to BCC re: obligations of Neighborhood Stabilization Program grantees.
7. Letter dated 12/11/08 (with attachments) from Cynthia Porter, Sanford Deputy City Clerk, to BCC re: Sanford Ordinance #4149, annexation of property between Marquette Ave./E. Lake Mary Blvd. and Beardall Ave./Sipes Ave.
8. Seminole County Official Public Notice received 12/12/08 re: Airport Blvd. sidewalk project.
9. Letter dated 12/2/08 from Candace Hertzel, People for the Ethical Treatment of Animals, to Chairman Dallari re: support for anti-chaining legislation.
10. Copy of letter dated 12/5/08 (with attachments) from Clayton D. Simmons, Chief Judge, to Cindy Coto, County Manager, re: civil courthouse security.
11. Letter dated 12/10/08 from Hugh Harling, Harling Locklin & Assoc., to Cindy Coto, County Manager, re: request to have Deer Lakes Subdivision placed on 1/13/09 BCC agenda.
12. Copy of letter dated 12/15/08 from Cindy Coto, County Manager, to Carla Wilson re: anti-chaining legislation.
13. Letter dated 12/10/08 from Nan McCormick, CB Richard Ellis, Inc. Sr. Vice-President, to Chairman Dallari re: support for North View project at Lockwood Rd./McCulloch Rd.
14. Notice received 12/12/08 from Keep Seminole Beautiful re: invasive plant program.
15. Fax dated 12/9/08 from S. Brent Spain, Theriaque Vorbeck & Spain, Attorneys at Law, to Chairman Dallari re: Carillon PUD major amendment.
16. Letter dated 12/12/08 (with attachments) from Bernard Mitchell, Martin Luther King, Jr. Steering Committee Chairman, to BCC re: City of Sanford celebration activities.
17. Copy of letter dated 12/18/08 from Chairman Dallari to Whom It May Concern re: BCC authorization for Commissioner Henley as Secretary of the Central FL Commuter Rail Commission and BCC representative, to approve 1st Amendment to Interlocal Operating Agreement for the Operation of the Central FL Commuter Rail System.
18. Letter dated 12/17/08 from Matthew Hodge, Seminole Community College Foundation Executive Director, to Chairman Dallari re: appreciation of $150,000 contribution for the SCC Small Business Service Program.
19. Letter received 12/22/08 (with attachments) from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation, 1635 SR 436, 477 Lake Howell Rd., 934 Laura St., 309 Concord Dr., 404 Lotus Ln., and 571 Ruby Ct.
20. Copy of letter dated 12/19/08 from Cindy Coto, County Manager, to Sherman Yehl, Sanford City Manager, re: reimbursement of monies for misallocated Communication Service Tax by CST dealers.
21. Copy of letter dated 12/19/08 from Cindy Coto, County Manager, to Clayton Simmons, Chief Judge, re: civil courthouse security.
22. Copy of memo dated 12/22/08 (with attachments) from Cindy Coto, County Manager, to Maryanne Morse, Clerk of Court, re: adjustment to Commissioners' salaries.
23. Letter dated 12/19/08 (with attachments) from Gregory Kurth, Family Services of MetroOrlando CEO, Glen Casel, CBC of Seminole County President, and Sheri Bell, Connecting God's Children Board Member, to Chairman Dallari re: faith-based partnership with community and social services organizations.
24. Letter dated 12/10/08 (with attachments) from Blanche Sherman, LYNX Finance Manager, to Chairman Dallari re: LYNX quarterly report ending 9/30/08.
25. Copy of letter dated 1/2/09 from John Tyler, FDOT Project Manager, to BCC re: I-4 improvements from Orange/Seminole County line to north of Central Parkway.
26. Copy of letter dated 12/15/08 from Harold Barley, MetroPlan Orlando Executive Director, to John Ashworth, Seminole County Regional Chamber of Commerce President, re: regional dedicated transportation funding source.
27. Copy of letter dated 12/19/08 from Kyle Taylor, Seminole Voice Publisher, to Chairman Dallari re: name change of publication from The Oviedo Voice to The Seminole Voice.
28. Copy of memo dated 12/12/08 from Miles Anderson, FL Division of Emergency Management, to Chairman Dallari re: update of FL Admin Code.
29. Notice received 12/18/08 from City of Altamonte Springs re: request for Conditional Use, "major alcoholic beverage establishment", for 1191 Douglas Ave., Greg Rike Productions, Inc.
30. Letter dated 12/14/08 from John D. & Eileen Rodgers to Chairman Dallari in appreciation of resolution presented to Natalie Palumbo, 4H Horseman of the Year.
31. Letter received 12/17/08 from Josiah Wess to BCC re: lack of entertainment venues in Winter Springs.
32. Copy of letter dated 12/23/08 from Julia Thompson, Parks & Recreation Manager, to Gale Poleschuk re: appreciation of donation in memory of Betty Ann Hellebrand.
33. Copy of letter dated 12/23/08 from Cindy Coto, County Manager, to Richard Gestrich, Oviedo City Manager, re: agreement between County and City of Oviedo for Shane Kelly Park.
34. Letter dated 12/22/08 from Bill McCollum, Florida Attorney General, to BCC re: open government and Florida Sunshine Law.
35. Letter dated 12/23/08 from F. David McKinney, J. Rolfe Davis Insurance CEO, to Chairman Dallari re: sale of J. Rolfe Davis Insurance to BB&T Bank Corp.
36. Copy of letter dated 12/5/08 from Lance W. Kesterson, Nationwide Retirement Solutions Vice-President, to Cindy Coto, County Manager, re: deferred comp contract extension.
37. Copy of letter dated 12/12/08 from Cindy Coto, County Manager, to Lance Kesterson, Nationwide Retirement Solutions Vice-President, re: deferred comp contract M-463-04.
38. Letter dated 12/12/08 (with attachments) from Congressman John Mica to Chairman Dallari re: Central Florida Commuter Rail.
DISTRICT COMMISSIONERS’/COMMITTEE REPORTS
Commissioner Van Der Weide informed the Board that the Sanford Orlando Kennel Club is contributing $2,500 to the Heroes’ Memorial Fund.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to appoint and reappoint the following:
Reappoint Rex Clonts, Jr. to the Agriculture Advisory Committee for a 2-year term ending 1-1-2011
Reappoint Paul Klinger, Jr. to the Agriculture Advisory Committee for a 2-year term ending 1-1-2011
Reappoint Debra Garrambone-McMenemy to the Animal Control Board for a 1-year term ending 1-1-2010
Reappoint Mike Bass as the alternate/rotating appointment to the Board of Adjustment for a 4-year term ending 1-1-2013
Reappoint Steve Young to the Well Drillers Board for a 1-year term ending 1-1-2010
Reappoint Elizabeth Murphrey to the Disability Advisory Board for a 2-year term ending 1-1-2011
Reappoint Doreen Kirk to the Disability Advisory Board for a 2-year term ending 1-1-2011
Reappoint Rosalee Wright Cook to the Historical Commission for a 2-year term ending 1-1-2011
Reappoint Paul Zuromski to the Historical Commission for a 2-year term ending 1-1-2011
Reappoint Rose Reeves to the Library Advisory Board for a 2-year term ending 1-1-2011
Appoint Mike Bowdoin to the Port Authority Board for a 4-year term ending 1-1-2013
Appoint Bob Goff to the Leisure Services Advisory Committee for a 1-year term ending 1-1-2010 and
Adopt appropriate Resolution #2009-R-11, as shown on page ________, commending Judy Putz for her past service on the Leisure Services Advisory Committee
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Henley to appoint Brandi Triplett to the MetroPlan Citizen Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to reappoint Curtis Gashlin to the Board of Adjustment as an alternate for a 4-year term ending 2013.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated she met with the Midway community on January 8 to discuss the damage that was done to the Community Center. She stated she and Ms. Coto also have met with the School Board relating to Midway Elementary School being vacated in January 2010. She said Ms. Coto asked Frank Raymond, Administrative Services Director, to do some preliminary analysis of possibly turning one of the Midway Elementary buildings into a community center. She said a community meeting is scheduled and she will continue to discuss with the School Board with regard to leasing the property. The Health Dept. is looking at using one of the buildings as a clinic. The Head Start Program is also looking for a location in that area to use for Head Start. She stated she wanted to make the Board aware of these discussions going on.
Commissioner Carey stated she had a meeting with Congressman Mica, FDOT, city of Sanford Mayor and Amtrak with regard to auto train. She stated the auto train is getting $3 million to do a renovation of the station and construction will begin in April or May of this year. They have had several meetings and they will have a couple more before they come up with a final suggestion. Part of the issue is access to the auto train station and signage. Congressman Mica is working with Amtrak to improve that station. She stated she and Congressman Mica are also looking at improvements to SR 46 and Persimmon to access that station.
Commissioner Carey reminded the Board that two historical markers along with the official opening of Dr. Martin Luther King Jr. Blvd. will be dedicated on January 17 at 9:00 a.m.
Commissioner Henley stated MetroPlan has a new chairman and Chairman Dallari is the new Secretary-Treasurer. The old Chair is continuing with Lynx and they haven’t found a replacement yet.
Motion by Commissioner Henley, seconded by Commissioner Carey to appoint/reappoint the following:
Reappoint John Lommerse and David Evans to the Agriculture Advisory Committee for terms ending January 2011
Reappoint Kathleen Prince to the Animal Control Board for a term ending January 2010
Appoint Dennis Warren to the Code Enforcement Board for a term ending January 2012
Appoint Shelley Shaffer to the Code Enforcement Board for a term ending January 2012
Adopt appropriate Resolution #2009-R-12, as shown on page __________, commending Stewart Fritz; and Resolution #2009-R-13, as shown on page __________, commending Fred Geltz for their services on the Code Enforcement Board
Reappoint David Putz and Richard Moselely to the Contractor Examiners Board for a term ending January 2010
Reappoint Sara Brothers to the Disability Advisory Board for a term ending January 2011
Reappoint Mark Brandenburg to the Leisure Services Advisory Committee for a term ending January 2012
Reappoint Dudley Bates to the Planning & Zoning Commission for a term ending January 2013, and
Reappoint Andrew Van Gaale to the Seminole County Industrial Development Authority for a term ending January 2013
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner McLean, seconded by Commissioner Carey to reappoint Jack Vaughn to the Agriculture Advisory Board for a term ending January 2011; Nancy Irish to the Contractor Examiners Board for a term ending 2010; Ed White to the Disability Advisory Board for a term ending 2011; and Margaret Johnson to the Library Advisory Board for a term ending 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner McLean stated at the last meeting, the Board had discussions relating to speed limits in Seminole County. He stated he has asked that staff check into Country Club Road south of Main Road. He asked Ms. Coto to check and see where they are on that.
Commissioner McLean stated Envision Seminole is having an economic briefing on January 29 at 7:30 a.m. at the Progress Energy building in Lake Mary and they will be having three speakers during that time. He encouraged everyone to attend that.
Commissioner McLean stated as everyone is aware, Seminole High School won the State championship and a parade is scheduled for tomorrow at 1:30 p.m. He stated he believes that some of the high school players will be attending the January 27 meeting.
Ms. Coto stated staff has notified the school but has not received a confirmation on same. She stated she is hoping that they can attend the January 27 meeting.
Commissioner McLean stated the upcoming State of the County address will be occurring on Friday, February 13 at 11:30 a.m. at the Altamonte Hilton, and he has been asked to travel to the various cities, Airport Authority, EDC, Port Authority and MetroPlan to try to get every elected official to attend that event.
Commissioner Dallari stated the P&Z Commission had a significant turnout for the North View (Carillon/UCF) project and he would like to request the Board to schedule that public hearing for the evening of January 27, 2009.
Motion by Commissioner McLean, seconded by Commissioner Carey to authorize scheduling the public hearing for the North View (Carillon/UCF) project at 7:00 p.m. on January 27, 2009.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated since there was a large turnout, she would like to schedule that public hearing for 6:00 p.m. instead of 7:00 p.m.
Upon inquiry by Commissioner Henley, Ms. Coto advised there are five public hearings scheduled for the afternoon on January 27 and North View is one of the hearings.
Commissioner Carey stated the public hearing could be advertised for 6:00 p.m., or as soon thereafter.
Commissioner Dallari reported that the District 1 Stormwater Drainage team found out that several drainage pipes were the cause of flooding on Second Street in Chuluota. He stated the drainage team felt that once those were repaired, the flooding issues would be taken care of. He congratulated everyone for a fantastic job.
COUNTY MANAGER’S REPORT
At the request of Ms. Coto, Sabrina O’Bryan, Assistant County Manager, addressed the Board to give an update on the Legislative issues. She stated what staff is hearing is that currently the Legislature is in the 72-hour hold period. Both chambers will convene to vote on the proposed budget, which is approximately $1.2 billion in reductions bringing it down to $65 billion. She said the following agencies are going to be impacted: $8.8 million for the Seminole County Schools, construction projects, a variety of trust funds (Affordable Housing Trust Fund, and Florida Forever Land Conservation Trust Fund), and the Seminole County Health Dept. She stated Mr. Napier indicated there will be a 4% reduction to the Health Dept. in addition to the 4% they received earlier in the year. Mr. Napier also indicated that they will also be impacted by the Medicaid cuts. Staff is hearing that there will be an increase in the speeding tickets and fines from $10 to $35 per offense. Overall there will be 4% to 6% across-the-board. Seminole Community College is going to see about a $1.5 million reduction, and due to adjustments in enrollment, the Early Learning Coalition will see an increase of about $370,000. She stated staff will need additional time to determine what the impact will be at the State level to Seminole County’s programs and funds.
Commissioner Carey stated once they determine what that will be and how that is going to drift down to the County, maybe staff can give an update of what it is going to look like to the departments.
Ms. O’Bryan stated with regard to the $2 surcharge, staff has not heard from the lobbyist on that, and she will contact that office to make sure that Seminole County is represented in any bill language that gets drafted.
Commissioner Henley stated he has been told that Representative Galvano is having the bill drafted and he is using the language from last year’s bill that did not pass. He stated Senator Webster has pulled out of it, and since they are using the same language, he asked staff to contact the lobbyist. All of the delegates of the State have listed that as a priority, and hopefully they will be prepared seeing that in the draft bill, otherwise they will have to try to go through an amendment process. Mayor Crotty is unaware that the bill is being drafted and they are trying to motivate as much as they can in making sure that they are included in that bill.
Ms. Coto stated the work session is scheduled for 3:00 p.m. and the Board could take this issue up as a continuation of her report. The Board agreed to move forward with the Work Session.
DISTRICT COMMISSIONERS’ REPORTS (Continued)
Commissioner Henley stated he has been invited to go with the Regional Leadership Mission to North Carolina and they will meet at the airport tomorrow at 7:00 a.m. The Sun Rail logo will be unveiled at that time and it is going to be very attractive logo. Then they will be departing for Charlotte and the expenses will be paid by the Central Florida Partnership. He stated all expenses will be paid except for to and from the airport and parking, and they expect to be back in Orlando at 5:00 p.m. He requested approval for the trip to North Carolina.
Motion by Commissioner McLean, seconded by Commissioner Carey to authorize Commissioner Henley to travel to North Carolina with the Regional Leadership Mission.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 2:20 p.m., reconvening at 2:30 p.m., with all Commissioners in attendance.
BCC EXECUTIVE ASSISTANTS
Ms. Coto stated the Board requested staff to bring forward an item relating to the reporting relationship of the BCC Executive Assistants. She stated staff conducted a survey of 67 counties and a synopsis of that survey was provided for the Board to review.
Chairman Dallari stated he believes the office structure for Pinellas County (where the evaluation is done by the Commissioners and staff reports to the Commissioners and where they remain a County employee) is the best option.
Commissioner McLean stated he feels it would be helpful in defining the difference between regular employees and at-will employees.
Robert McMillan, County Attorney, explained that his employees are at-will, and that means basically they serve at the will of their employer and they can be terminated with or without cause except for things that would be legal grounds for termination (race, sex, national origin, etc.). Aside from that, they serve at the will of the employer. At-will employees get the same full benefits as County employees.
Upon inquiry by Commissioner McLean, Mr. McMillan advised primarily it is the nature of how the employment would be terminated and not the benefits they receive.
Commissioner Henley said basically all employees are at-will. It would be at the will of the County Manager or changed at the will of the County Commissioner.
Mr. McMillan stated the only employees that are at-will are division managers, department heads and a few key employees, but 90% of the employees that are under the County Manager cannot be terminated short of a violation of County policies stated as grounds for termination in the personnel policy. An at-will employee can be terminated because the County lost trust in him or it is not working out.
Commissioner Carey stated it is very important the BCC’s assistants works closely with the Commissioner and they have that trust. If it isn’t working, then they have a problem.
Mr. McMillan stated the Board can enter into a contract with at-will employees and, if it is not working, there is a severance issue.
Commissioner Van Der Weide stated he likes the Chairman’s recommendation of Pinellas County. He stated he wants to make sure that the Lead Aide gets paid as a salary figure rather than a percentage figure. He said he has no problem supporting the Pinellas County variation.
Commissioner McLean stated if they look at a scenario where the Board is the supervisory organization for the aides, he would like to know what liability and responsibility they take on in that regard.
Mr. McMillan stated right now a Commissioner is a member of the Board and they can be sued as a member of the Board. He stated in most instances, 99% of the time, the BCC has an immunity clause under the law that what action the BCC takes, as a Board member they cannot question it or depose it. If the Board put themselves in a position of being a supervisor and there is an appeal or suit, there is another level of liability, but there is not a qualified immunity for testimony.
Upon inquiry by Commissioner Carey, Mr. McMillan advised termination action for at-will employees obviously is cut down and if the case involves discrimination or racial, the Board may be tied up in it but they have taken up that area of potential and cut it down.
Commissioner Carey stated the Pinellas County variation does not say at-will, but it says what happen when a newly elected official comes in.
Ms. Coto clarified she recollects that Pinellas County indicates that when a new commissioner comes in and he doesn’t want that employee to work for him, the Manager is responsible for finding a place for that individual within that organization.
Commissioner Van Der Weide stated he can remember two particular cases where commissioners got themselves in a problem and when it was over, the County paid for the legal fees involved in those issues.
Commissioner Henley stated he has a concern that if a person is already employed here and a new commissioner is elected and there is no vacancy then they are required to create a job. He said he doesn’t think that is an appropriate thing because a new commissioner decides they do not want to work with that person. That employee probably knows more about the job than the new commissioner.
Upon inquiry by Chairman Dallari, Commissioner Henley advised he doesn’t approve putting the aides under the responsibility of County Commissioners. His main concern is with the evaluation process of the individual. He said he is not interested in becoming an employer of that employee and at the same time that is going to throw a burden on the County Manager’s office to manage the outer part of the process. He said he would rather see a hybrid approach. He added he doesn’t think it is fair to the employees that they state a standard and they think they met the standard and the evaluation say they didn’t. There are no indicators that let the employees know what they need to do. He stated he would rather they work something out to leave it as is, but have the Board more involved in the evaluation process. He added he would be willing to have the Board do the final evaluation process with the input from the County Manager.
Chairman Dallari stated he feels the key is not to have aides report to too many people and be evaluated by one individual.
Commissioner Henley advised he feels the County Manager should still be the employer and still have input with the evaluations. He said he would hate to see it go the way it is and cause them to have to create a position as that change the system constantly. For that reason, he will not be supporting the Pinellas County proposal.
Commissioner Carey stated there is nothing that would keep the employees from continuing to be under the County Manager and supervised day-to-day by the Board. If the Board decides that it is not working, then the BCC could go to the County Manager to change the procedure. She said she doesn’t have a problem supporting Pinellas County’s proposal or a hybrid proposal. She stated she has spoken to three labor attorneys and they indicated that there is no problem with a hybrid proposal.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to accept the County Manager’s recommendation that the BCC Executive Assistants report directly to their respective Commissioner with the Board taking all the supervisory responsibilities of the employee; convert the BCC Executive Assistant to an at-will position; the present incumbents to retain their career service status, however, when a vacancy occurs the new hire would be at-will; and the lead aide would come under a flat rate.
Under discussion, Commissioner Carey stated she feels that the instrument they use to evaluate is broken, and that has to be addressed before the evaluations are done again.
Commissioner Henley stated he will be opposing the motion for the reason he has given as that will change the whole concept.
Commissioner McLean stated he believes it makes sense for them to make adjustments to what they are doing. He said he is comfortable with the recommendations, and the at-will situation is the most appropriate relationship down the line. But, with current staff, they came on anticipating a particular relationship and they should honor that until they leave.
Chairman Dallari stated he doesn’t feel the aides should be at-will as he feels they should be employees. The situation they used in the past works but there needs to be some minor changes made to it. There is no reason why they can’t keep it the way it is, and the people they report to does the evaluation for the BCC and that is why he won’t be supporting the motion.
Commissioner Henley stated he feels it is important for the County Manager’s office to be solely involved in the supervision and he doesn’t see the desirability of transferring all of that responsibility under the BCC due to the fact that the Commissioners are out of their offices doing other things.
Commissioner Carey stated some of the accountability and other things are prepared by their assistants and given to the Assistant County Manager to be signed off on. She stated she feels that they have self-managed pretty well. She said she feels the County Manager’s job is to make sure that the Board’s facilities are prepared for meetings. There are certain responsibilities she doesn’t agree with her analysis, and she doesn’t have a problem with the management and the way they operate.
Upon inquiry by Commissioner McLean, Mr. McMillan advised there have been two instances where a newly elected commissioner said he does not want an employee to serve as his aide.
Upon inquiry by Commissioner Van Der Weide, Chairman Dallari advised he feels it is important for the aides to remain as County employees.
Chairman Dallari stated the commissioner needs to be involved in the evaluation process because that individual interacts with the citizens.
Commissioner Carey stated she will change her motion to support the Pinellas County concept with the flat fee for the Lead Aide.
Commissioner Van Der Weide stated he would agree to that. He said he feels the other issues can be worked out.
Commissioner Henley stated he would like clarification under Pinellas County’s approach if the County Manager still has the authority to schedule the aides to help out at the front office.
Ms. Coto stated she understands that the aides would report to the BCC.
Commissioner Henley stated he doesn’t want to see an undue burden placed to where the aides are not covering the front office. He stated he believes the County Manager has indicated that the aides will work for the BCC and they stay in their offices and don’t help out with the clerical support.
Commissioner McLean stated the BCC has the option to direct them to do that.
Commissioner Henley stated he doesn’t want the County Manager to ask for help and the aides can’t do it.
Commissioner Carey stated the front office phone can be forwarded over to the any office in the County as there is not a lot of people that show up at that counter. She asked that the question be called.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
Commissioner Van Der Weide stated he is sure that there will be some minor issues coming up.
Mr. McMillan stated staff will bring back the Pinellas County details and hopefully they are consistent with what the Board wants.
Upon inquiry by Ms. Coto, Commissioner Carey advised staff can talk to the last two or three lead aides to determine how much additional work is added and bring back a dollar amount.
JETTA POINT AND SOLDIERS CREEK
Joel Abel, Leisure Services Director, addressed the Board to display a Conceptual Site Plan (received and filed) for Jetta Point Park, and to review the components of the plan as well as an overview of the site. He displayed and reviewed summary data (received and filed) consisting of site amenities for NCAA Women’s Regulation Softball Fields; Multipurpose Fields; and Concession/Restroom/Office facility. He stated these amenities are things that are drawn from the scope of service and they tried to stay consistent with that. He continued by reviewing the Destination Playground Amenities; Maintenance Facilities; Equestrian loading and unloading area; Parking on the site; Trail head tying with Cross Seminole Trail; and Project start time and design work. He displayed and reviewed the Project Schedule for Jetta Point and Soldiers Creek. He also displayed and reviewed the Soldiers Creek Park Phase II Improvements Site Plan.
Upon inquiry by Commissioner Henley, Mr. Abel indicated where they would like to move the concession stand and restrooms at Soldiers Creek Park.
Upon further inquiry by Commissioner Henley, Mr. Abel advised if the improvements are doable, they can go ahead and move forward with the process. They would like to be able to improve the walkway surface and to keep as much permeable surface for drainage.
Commissioner Henley stated this gives them an opportunity to take a look at increasing the parking on the south side of the major field. He stated they are going to have to adjust the parking at the softball area in order to lengthen those fields.
At the request of Commissioner McLean, Frank Raymond, Administrative Services Director, reviewed the amount of money they have in order to put together Jetta Point Park. He also reviewed the quality standpoint of the project.
Commissioner Van Der Weide left the meeting at this time.
Mr. Abel stated they need to qualify how they are going about the process. They are trying to work within the guidelines and his first priority is to work within that budget. He stated he feels they need to look at what the realistic expectations are for the use of the facility, and how they maximize the use of that facility within a reasonable amount of expenditure. The one thing they looked at is whether they should go with artificial turf or real turf. He stated the County made an agreement with the city of Winter Springs that they wouldn’t use stadium bleachers.
Upon inquiry by Chairman Dallari, Ms. Coto advised a community meeting was held in October 2006 and the minutes reflect that agreement. The city of Winter Springs, as part of their request, indicated that they would like that commitment be put in writing and the Board received a copy of that.
Upon inquiry by Chairman Dallari, Mr. Abel advised he believes that regard to the definition of stadium bleachers versus ample seating, they have the ability to put as much seating in as needed within the confine of space available. His goal is to have seating and the ability to have portable bleachers on site for any large event they will have.
Commissioner Henley asked what kind of seating they are going to have.
Commissioner Carey stated she feels stadium seating should be put in.
Mr. Abel stated they will have portable bleachers as opposed to fixed stadium seating.
Commissioner Carey stated she doesn’t recall seeing that letter and if they are going to build a state-of-the-art facility, they will need stadium seating. Now is the time to do these types of projects because the prices are 10% to 20% lower. She stated artificial turf is a good thing to put in as an alternate and staff may find that they can do that within the budget guidelines depending on what the market looks like. If there are things that staff feel are beneficial, she would encourage them to put them in as an alternate bid item.
Chairman Dallari stated he believes the Board is looking for a state-of-the-art facility that is within reason. He stated he would like to make sure that whatever they do, it is a top first-class facility that they and the citizens are proud of.
Commissioner Carey stated she feels that temporary bleachers are labor intensive and they do not always work right.
Chairman Dallari stated he or Commissioner Henley can discuss this issue with the mayor.
Commissioner Henley stated the one thing the Board was shooting for was to be able to come up with NCAA qualifications, and portable bleachers is not the level of field they are looking for. Stadium seating can be done in different ways.
Chairman Dallari stated he feels that one of the fields needs to be modeled after the softball facility at UCF.
Commissioner Henley stated he supports Commissioner Carey’s suggestion of alternates and they can bid this out to either accept or reject it. He said he feels it is important that they try to come up with a first-class facility. He stated he would like to have discussions on how much they will be able to finance.
Ms. Coto stated the parcel was originally zoned commercial and the city of Winter Springs did an amendment to this particular parcel so it could include open space/recreational. The County will still have to go through the entire permitting process with the city of Winter Springs.
Chairman Dallari stated he does remember that a commitment was made that they would be putting in lighting for this facility to minimize the spill over to the residents.
Mr. Abel stated staff is looking at a green lighting system with Musgrove.
Commissioner McLean stated it may make sense, depending on the quality of the flexible seating, to look at various types of stadium seating. He further stated he would suggest not throwing that out, but be flexible as much as they can.
Commissioner Carey stated this is the most visible sports facility that they will have in Seminole County.
Mr. Abel asked if there is anything else other than the stadium seating that the Board wants to see designed into this facility.
Chairman Dallari stated the biggest thing they want is to have a facility that everyone will be proud of.
Commissioner Carey stated the important part they do not want to forget is the equestrian part.
Chairman Dallari said he would like to know why it takes over a year to do permitting.
Mr. Raymond stated he cannot give the Board a step-by-step of how long it takes, but there is a quantity of permits required.
Chairman Dallari asked if all the permits can be approached at the same time.
Commissioner Carey stated the Corps of Engineers probably takes the longest permit to get. She stated she would like to know why they would need a permit from them.
Mr. Raymond stated he will get back to the Board on that.
Upon inquiry by Chairman Dallari, Mr. Raymond advised they have a cross access easement shared with the city of Winter Springs and they spoke to the property owner (Mr. Corkery) as to how it will be accomplished. He stated staff has not tried to execute anything for that or for the shared entrance.
Chairman Dallari stated until they have an agreement signed by all parties, they cannot go forward.
Mr. Raymond stated the cross access easement is a done deal, but what they don’t have is an agreement of how they are going to accomplish that in the current parking lot.
Commissioner Carey stated a cross access easement defines the location of the easement. She stated if that is defined, then they pretty much define where they are going to cross and she doesn’t understand what the issue is.
Mr. Raymond stated some promises were made to Mr. Corkery at some of the meetings on how it was going to look. The applicant has some islands built in his parking lot which are in the County’s easement. He said he explained to Mr. Corkery that he needs to move those at his expense. Some promises were made to him about sharing expenses for the traffic calming and lighting. Also an agreement was made with FDOT about his shared entrance.
Commissioner Carey stated if the County had this easement for a length of time, regardless of what jurisdiction approved that site, giving approval to build something in the easement should never have happened.
Mr. Raymond explained to Chairman Dallari why the County would do a cross share since they owned the easement.
Commissioner Carey stated speed humps at the entrance are going to be disastrous, especially, if there is going to be an equestrian park there. She stated she feels this needs to go to the County Manager’s office to be worked out.
Commissioner Henley stated he hopes that they can work this out and do whatever necessary to expedite the permitting process.
Chairman Dallari asked staff if they can look at any future ability to use some of the light poles as cell towers.
Mr. Abel stated he has not had any conversations on this specific location.
Lisa Spriggs, Fiscal Services Director, addressed the Board to state she has had discussions with Mr. Abel and Mr. Raymond relating to the financial aspects. At that time, the bed tax was bringing in about $800,000. She stated the bed tax took a big decline in August and at this time they are probably looking at a penny being worth about $650,000. Therefore, they are at about $1.3 million for the 2 cents they adopted. She said that still does fit into with what they looked at for Jetta Point. Staff talked about the financing of $9.8 million. She stated she has consulted with the financial advisor and the route they would most likely go is a bank note backed by a pledge of the tourism dollars. If need be, they might have to have a covenant of other non ad valorem sources to back that up. During discussions at the work session, they would also fund the operation and maintenance of this park through the tourism dollars. They are still comfortable within the realm of what they are collecting for Jetta Point. There also were discussions going forth with the design of Soldiers Creek, and they can fund that through the collections of the current bed tax. She stated when they know more about what the cost will be for Soldiers Creek, they can come back to the Board to let them know whether they can fit both of those within the 2 cents. Staff feels they can still do this if the bed tax doesn’t decline further. They have taken a 15% decline from last year’s collections, but overall, they have taken a 25% decline over the last few years. They are in a comfortable situation for Jetta Point, but they would have to evaluate where they are at with Soldiers Creek. She reminded the Board that the financial advisor has indicated that the County has an outstanding note that is pledged on bed tax ($720,000) and they will pay that off with reserves. The Tourism Tax Fund has about a reserve of about $3.4 million, and based on the current revenue estimates that will bring it down to about $3 million. If the County pays the $720,000, they will still have $2 million or more in reserves.
Commissioner Henley stated he feels it behooves the Tourism Development Board to look a little closer at some of these venues that are requesting revenues out of that account and perhaps they may be a little stingier. He stated the Board needs to look closer at those budget requests and not be quite as generous.
Upon inquiry by Commissioner Henley, Ms. Spriggs advised the first three cents is allowed to be used for Jetta Point and Soldiers Creek.
Commissioner Henley stated they have tried to maintain a minimum of $1 million for a rainy day and he feels the hoteliers will want that as a safety net.
Chairman Dallari stated the Board may want to ask staff to bring back some criteria. He stated it takes about 12 months or more to bring sporting events in.
Mr. Abel stated staff is paying attention to the appropriate time line of bringing those venues in and he has had discussions with Coach Gillespie at UCF with regard to NCAA tournaments. Staff’s goal is to have a regional tournament within the first two or three months. He stated they will be working with other agencies as well.
Commissioner Henley stated if the Board is going to do something with dollars, it behooves them to decide what approach they are going to go with so they can enlighten the Tourist Development Board of things the BCC has considered.
Commissioner Carey reminded everyone of the Scottish Highlands Games at Central Winds Park in Winter Springs this Saturday and Sunday.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:50 p.m., this same date.