BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JANUARY 24, 2012

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, January 24, 2012, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Carlton Henley (District 4)

     Commissioner Bob Dallari (District 1)

     Commissioner John Horan (District 2)

     Clerk of Circuit Court Maryanne Morse (late)

     County Manager James Hartmann

     County Attorney Bryant Applegate

     Deputy Clerk Jane Spencer

 

Absent:  Commissioner Dick Van Der Weide (District 3)

 

 

     Pastor Wayne Thomas, Gracepoint Church of the Nazarene, Sanford, gave the Invocation.

     Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt appropriate Resolution #2012-R-25, as shown on page _______, recognizing Fire Inspector, Daniel J. Spak, for 11 years of service to Seminole County Government and its citizens, upon his retirement from the Public Safety Department on January 17, 2012.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Chief Leeanna Mims.

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     Chairman Carey advised that Commissioner Van Der Weide is still on medical leave.  She wished him a speedy recovery.

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Emily Furlong, Member of Seminole HEART, addressed the Board to introduce Pastor John Murphy, the chairman of the board of Seminole HEART (Home-Based Emergency Assistance Response Team), an interfaith non-profit organization that helps the citizens of Seminole County recover from declared disasters.  Ms. Furlong thanked the people of Seminole County and their elected officials for helping Seminole HEART meet its mission.  She then presented a PowerPoint presentation (received and filed) and reviewed the topics of Mission; Brief History; and Public-Partnerships (Board of Directors).  She advised that Seminole HEART has received the Volunteer Organization award from the Florida Emergency Preparedness Association.

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

Ms. Furlong further reviewed the topics of Public-Partnerships (Active Partners); Strategic Planning; and Tropical Storm Fay 2008 update.

Commissioner Henley thanked Ms. Furlong and Pastor Murphy for their efforts and stated that their work has been remarkable.  He requested that they let the Board know if they can help them grow their organization. 

Chairman Carey congratulated them on their statewide award and thanked them for their work.

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Chairman Carey recessed the meeting of the Board of County Commissioners at 9:40 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency.

U.S. HWY 17-92 CRA

Nicole Guillet, Growth Management Director, addressed the Board to present the revised Corridor Redevelopment Master Plan for the U.S. Highway 17-92 Community Redevelopment Agency (CRA).  Ms. Guillet stated that Jim Sellen, with VHB MillerSellen, will make the presentation.

Jim Sellen, VHB MillerSellen, addressed the Board to state the plan is a modification of the existing plan.  The plan provides the foundation for the expenditure of CRA funds in conjunction with statutory requirements and identifies specific projects that are eligible for CRA funding.  It also provides broad policies that allow flexibility in designating future projects in the CRA.  Mr. Sellen stated that the plan provides an economic development strategy to encourage redevelopment along the corridor through private investment, public/private partnerships and public sector initiatives to stimulate development and redevelopment.  He described two areas in the plan where that is set out.  He advised that the plan provides a framework for multiple jurisdictions along the corridor to be able to make holistic versus piecemeal entitlement decisions and provides a basis for streamlining what could be conflicting governmental regulations along the corridor. 

Mr. Sellen stated that the plan absolutely does not establish new development regulations layered on existing development regulations.  He stated that design recommendations in the redevelopment master plan are advisory and are not regulatory.  The whole basis for the master plan is to be market driven and provide incentives for public/private partnerships and to redevelop along the corridor. 

Mr. Sellen stated that the County's redevelopment master plan should be used as the foundation for implementing recommendations of the strategic plan for economic development in Seminole County, which has a specific focus on the U.S. 17-92 corridor.  The plan provides a basis for amendments to the Comprehensive Plan.  There are areas in the Comp Plan that talk about how to intensify development in certain target areas along the corridor.  These target areas are all within the redevelopment catalyst areas that are outlined in the plan.  He stated that plan is a framework for stimulating and evaluating private development initiatives and public/private partnerships to incentivize focus redevelopment of the catalyst areas along the U.S. 17-92 corridor.  He discussed the Seminole Crossings catalyst area.  The plan is a framework for achieving cooperation and collaboration between Seminole County and their partner cities which is extremely important in terms of how you streamline and incentivize the entitlement process for the catalyst projects along the corridor.

Mr. Sellen recommended that the Board adopt the Redevelopment Master Plan. 

Chairman Carey referenced a statement in the Appendix of Best Practices, "Stormwater ponds adjacent to public rights-of-way are not preferred."  She stated that the Board has discussed maybe acquiring public rights-of-way to provide stormwater.  They do need to think about a stormwater strategy to help them redevelop because the lots are narrow and it may be difficult to meet all of the requirements if someone only has a single lot. 

Commissioner Dallari agreed with Chairman Carey about stormwater.  He stated he would like to see additional work done on a regional stormwater master plan for the area where they can do public/private partnerships with land owners to try to do regional facilities for stormwater.  He referenced the recommendation on page 4, which talks about the U.S. 17-92/SR 436 intersection.  He stated the 2006 CRA strategy plan talked about the impaired intersection and advised he is trying to find out what the next step is with regard to Item #1 on page 4.

Ms. Guillet explained that particular catalyst site is primarily outside the U.S. 17-92 CRA so funding for that study through the CRA isn't an option.  It can fund a portion of it.

Commissioner Dallari stated there is an opportunity here because once the flyover goes in, the intersection potentially will be impaired as the 2006 strategy plan talked about.  He wants to be sure the County is prepared for what will be necessary to make sure that they minimize the impairment.

Ms. Guillet stated the recommendation is to pursue planning for that catalyst site jointly with the City of Casselberry, the Casselberry CRA, the U.S. 17-92 CRA and Seminole County government. 

Commissioner Dallari stated there is a property owner in that area who has written a letter saying they want to partner with them as well.  Ms. Guillet advised that she understands there is willingness from one of the large property owners to contribute financially to a planning effort and to be a participant in that.  She stated staff would need direction from the CRA and from the Board of County Commissioners if the Board wants staff to move forward and bring back a strategy or proposal to consider.

Commissioner Henley stated there was a considerable amount of tension some years ago as to the best approach for connection going south to U.S. 17-92.  He stated there is a lot in the report and believes there are some good things in the report.  He would like to make it clear, as far as he is concerned, that when staff says adopt the plan or approve the plan, that doesn't mean they are approving everything in the plan.  He wants the record to reflect that because there are a few things he would question.  He agreed with Chairman Carey with regard to combining some of the small lots which is why they tried to set up a land bank a few years ago.  He does not believe they have actively pursued efforts to see if there are people who are willing to sell those lots and thinks they should actively identify those lots that are most favorable for combining and actively pursue it.

Chairman Carey stated that when the large land owners come in, there is an opportunity.  Similarly if DOT puts in a pond, the County could go to the large land owner and ask to expand the pond to take some of the stormwater from the surrounding areas.  She believes those are the public/private partnership type things that they ought to be doing.  Every time a larger land owner comes in that is going to build a pond, they ought to have that discussion before they get into their whole design process.

Ms. Guillet stated that one of the recommendations in the plan was to do a study to put together an overall stormwater strategy in the corridor.  With regard to Commissioner Henley's comments, Ms. Guillet stated these are recommendations in the plan.  Any of the proposals in the plan would require further action by the CRA before they could move forward.  The plan only sets up a framework for the Board to put together a program on how they want to continue forward in the CRA.

Commissioner Horan stated that he understands the plan was put together with the thought that whether they have a CRA or not, this is a planning document for an area and it is prepared in order to comply with a statutory requirement because they are a CRA.  He confirmed with Ms. Guillet that whether they are a CRA or they decide to restructure or do things differently in the future, this is still a good plan.  He stated they have a document that will serve as a planning document for the area.

Commissioner Horan stated it is important that the plan not sit on the shelf and that they really involve the private sector in making sure they know and understand the plan.  He stated he is not sure, after serving for a year on the CRA and RPA, that enough has been done in that area.  He feels they need to reach out to the owners along that particular area and explain to them how they can enhance the value of their property if they do something that makes sense.  He stated he really likes the plan. 

Commissioner Henley agreed with Commissioner Horan about trying to educate the public.  He said he does not believe the plan will sit on the shelf like some of the other plans they have had.  He stated the County Manager is already laying out plans as to how he is going to approach this and who would be included.  Hopefully once he has laid out his master plan of approach to implement, he will keep the Board briefed along the way on the progress.

Chairman Carey suggested they go back to the Oxford Road issue so the Board can give some direction.  She stated that clearly if the flyover goes in at SR 436, when it goes in it will impact that intersection and there will need to be an alternative to get to the corners since the access points won't be where they are today.  If there is a large land owner who is interested in having that discussion and the Casselberry CRA is interested, they should probably talk about that and talk about where it comes into U.S. 17-92 and how that connection could be made.  While she does not want to spend a lot of effort now since it will be a while before it happens, she does believe they need to have those discussions to know what everybody is trying to do.

Commissioner Dallari stated if there is a property owner that is willing to come to the table as a private partner and Casselberry is willing to assist, he believes the three entities (Seminole County, Casselberry and the private owner) need to get on the same page to figure out how to make that work.

Commissioner Henley advised if they don't do something with Oxford Road, they will be inundated as they were a few years ago with people complaining about not being able to get out of their driveways because of the cut-through.  He agreed they need to look at all of the resources they have to go ahead and to move on that as quickly as they can.

Chairman Carey stated she believes the direction is clear.  If the Oxford Road discussion comes up, staff should encourage that discussion to happen with the land owners, that they would participate; and then staff could bring it back.

Commissioner Dallari stated they also need to look at the catalyst sites for regional stormwater ponds as well.  He wants to be sure they give staff that direction.  Those are two big issues that they need to focus on.

Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the updated, revised Corridor Redevelopment Master Plan (received and filed) for the U.S. 17-92 Community Redevelopment Agency (CRA) as presented by staff; and approve the recommendation that the BCC consider approval of the revised Master Plan.

Districts 1, 2, 4 and 5 voted AYE.

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     Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 9:55 a.m., and reconvened the meeting of the Board of County Commissioners.   

PUBLIC PARTICIPATION

     Sheena Rolle, 231 East Colonial Drive, addressed the Board to state she is part of a joint coalition of Central Florida residents.  She stated she works with Central Florida Jobs for Justice and has a special presentation for Commissioner Henley.  She described the group that she is associated with and advised she is here to present the 2011 Scrooge of the Year award.  She described the award and why Commissioner Henley was chosen to receive it.  Ms. Rolle stated she hopes Commissioner Henley accepts the award but that he works towards staying off the list for 2012 and invests in the lives of working families in Central Florida.  She thanked the Board for respecting democracy. 

Commissioner Henley explained that there have been several years of difficulty with the union workers at LYNX and some of their unreasonable demands.  He stated he has been the chairman of the LYNX Board for eight years and will look upon this award as a badge of honor.  He does not mind being called Scrooge when dealing with public money and does not make decisions based on how it affects him personally.  He stated they have a good system and some very good workers at LYNX.  Commissioner Henley stated he will continue to try to serve as fairly as he can as chairman with the workers that they have.  He advised that he is not offended by the award and appreciates the group taking the time and effort to come and share their thoughts.

COUNTY MANAGER’S CONSENT AGENDA

     James Hartmann, County Manager, addressed the Board to advise that under the Consent Agenda there is an additional Item, #24A, which is a revised motion from the County Attorney’s Office.     

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

County Manager’s Office

Purchasing & Contracts Division

 4.  Approve Amendment #1, as shown on page _______, to IFB‑600562‑09/GMG ‑ Term Contract for Pavement Management Program with P & S Paving Inc., Daytona Beach, and authorize the Purchasing & Contracts Division to execute the Amendment.

 5.  Approve Sole Source Procurement SS‑601338‑12/LJS for the renewal of annual user license and subscription fee for TargetSolutions on‑line Risk Management program with TargetSolutions (formerly TargetSafety), San Diego; and authorize the Purchasing and Contracts Division to issue annual Purchase Orders.

 6.  Award CC‑7117‑11/DRR‑2011, as shown on page _______, - Landfill Gas Expansion Construction in the amount of $480,000 to COMANCO Environmental Corporation of Plant City, Florida; and authorize the Purchasing and Contracts Division to execute the Agreement.

 7.     Award CC‑7202‑11/JVP, as shown on page _______, ‑ Lincoln Heights Stormwater Improvements in the amount of $2,416,137 to Marcobay Construction, Inc., of Lakeland, Florida; and authorize the Purchasing & Contracts Division to execute the Agreement.

 

Environmental Services

Utilities Engineering

 8.  Approve the Partial Release of Utility Easement, as shown on page _______, between Seminole County and the City of Lake Mary for the area known as Flagg Lane.

Solid Waste Division

 9.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for USA Services of Florida, Inc., effective from October 1, 2011 through September 30, 2012.

 

Fiscal Services

Business Office

10.  Approve and authorize the Tax Collector's Office to publish the 2011 Notice of Tax Certificate Sale in the Sanford Herald newspaper at the quoted rates.

11.  Approve and authorize the Chairman to execute a replacement Hazard Mitigation Grant Program Agreement, as shown on page _______, for the seven fire stations wind retrofit project with an ending performance period date of January 26, 2012.

Budget Division

12.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-27, as shown on page _______, implementing Budget Amendment Request (BAR) #12‑029 through the EMS Trust Fund ($258,537) and Fire Protection Fund ($59,500) in the amount of $318,037 to recognize and allocate the FY 2011/12 EMS Trust Fund Award and establish the EMS Simulation Lab Project (#00561998W).

13.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-28, as shown on page _______, implementing Budget Amendment Request (BAR) #12‑031 through the 2001 Infrastructure Sales Tax Fund in the amount of $651,798 to increase funds for the construction of the Lincoln Heights Drainage project.

14.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-29, as shown on page _______, implementing Budget Amendment Request (BAR) #12‑036 through the Public Works Grants Fund in the amount of $120,000 to reduce grant revenue and the project budget for the First Amendment to the Little Wekiva River Watershed Management Plan.

15.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-30, as shown on page _______, implementing Budget Amendment Request (BAR) #12‑037 through the Public Works Grants Fund and the 2001 Infrastructure Sales Tax Fund in the amount of $1,360,754 to fund the construction of the Cassel Creek Regional Stormwater Facility and Kewanee Trail Bridge and to recognize offsetting grant revenue in the amount of $808,846. 

16.  Approve and authorize the Chairman to execute appropriate Resolution #2012-R-31, as shown on page _______, implementing Budget Amendment Request (BAR) #12‑038 through the 2001 Infrastructure Sales Tax Fund in the amount of $93,200 to increase funds for the final design of the SR 46 Gateway Sidewalk project.

 

Leisure Services

Tourism-CVB Division

17.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Florida Collegiate Summer League, Inc. in the amount of $8,887 for the 2012 Florida League High School Baseball Invitational to be held March 19‑23 and 26‑30, 2012.

18.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with The Central Florida Sports Commission, Inc. based on an annual amount of $101,340 for the term of February 2012 to September 2014, with two 1-year term renewal options.

19.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Spring Break Sports, Inc. in the amount of $15,500 for the Spring Break Tennis event held February 15 ‑ April 8, 2012.

20.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with The Score Tournaments in the amount of $16,952.04 for the Score at the Shore Soccer Showcase to be held February 18‑20, 2012.

      

Public Works

Engineering Division

21.  Adopt appropriate Resolution #2012-R-32, as shown on page _______, and authorize the Chairman to execute a County Subordination Agreement, as shown on page _______, in conjunction with improvements by the Florida Department of Transportation to State Road 15/600 (U.S. Highway 17-92) from Shepard Road north to Lake Mary Boulevard (FDOT Parcel Number 101.4R).

22.  Adopt appropriate Resolution #2012-R-33, as shown on page _______, and authorize the Chairman to execute a County Subordination Agreement, as shown on page _______, in conjunction with improvements by the Florida Department of Transportation to State Road 46 from Mellonville Avenue east to just east of State Road 415 (FDOT Parcel Number 104.4R).

23.  Adopt appropriate Resolution #2012-R-34, as shown on page _______, and authorize the Chairman to execute a Subordination, as shown on page _______, of County Utility Interests in conjunction with improvements by the Florida Department of Transportation to State Road 400 (Interstate 4) from Central Florida Parkway to North of State Road 434 (FDOT Parcel Numbers 107 and 130.2R). 

24.  Adopt appropriate Resolution #2012-R-35, as shown on page _______, and authorize the Chairman to execute a Subordination, as shown on page _______, of County Utility Interests in conjunction with improvements by the Florida Department of Transportation to State Road 400 (Interstate 4) from Central Florida Parkway to North of State Road 434 (FDOT Parcel Number 120).   

 

COUNTY ATTORNEY’S CONSENT AGENDA

24A. Amend the Board Action of January 10, 2012 pertaining to the approval of the Negotiated Collective Bargaining Agreement between Seminole County and Bargaining Unit 3254 International Association of Firefighters A Unit to be approve and authorize the Chairman, County Manager and Public Safety Director to execute the Negotiated Collective Bargaining Agreement between Seminole County and Bargaining Unit 3254 International Association of Firefighters A Unit.

 

Districts 1, 2, 4 and 5 voted AYE.

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

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

 

 

     Clerk’s Office

     25. Expenditure Approval Lists, as shown on page _______, dated December 27, 2011 and January 3, 2012; Payroll Approval List, as shown on page _______, dated December 22, 2011; and noting, for information only, the following Clerk’s “received and filed”:

 

1.    Work Order #48, as shown on page _______, to PS-1501-06.

 

2.    Parks Contracts, as shown on page _______, for Emily Przybylski; Francie Willow; and Maria Toledo.

 

3.    Assistant Tennis Pro Agreements, as shown on page _______, for Chad Berryhill; Danielle Nickerson; and Robert Pierce.

 

4.    Work Order #11, as shown on page _______, to CC-5075-10.

 

5.    Amendment #3, as shown on page _______, to Work Order #69 to PS-1529-06.

 

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

 

7.    Change Order #2, as shown on page _______, to Work Order #3 to CC-5075-10.

 

8.    Change Order #5, as shown on page _______, to CC-5682-10.

 

9.    Tennis Developmental Instructor Agreement, as shown on page _______, for Dustin Opalka.

 

10.    Opinion of Title, as shown on page _______, for East Lake Ranch.

 

11.    Amendment #1, as shown on page _______, to Work Order #23 to PS-4388-09.

 

12.    Order Suspending Underground Residential Distribution Tariffs from the Florida Public Service Commission regarding Docket #110293-EI.

 

13.    Third Amendment, as shown on page _______, to IFB-600672-09.

 

14.    Change Order #2, as shown on page _______, to Work Order #20 to CC-2183-07.

 

15.    Work Order #13, as shown on page _______, to PS-2468-07.

 

16.    Change Order #3, as shown on page _______, to CC-5527-10.

 

17.    Change Order #5, as shown on page _______, to Work Order #10 to CC-2183-07.

18.    Department of Agriculture and Consumer Services Original 2011/2012 Annual Certified Budget Form, as shown on page _______, for Mosquito Control, as approved by the BCC on August 23, 2011.

 

19.    Letter from Tina Calderone, Seminole County Public Schools Chairman, regarding appointment to the 2012 Value Adjustment Board.

 

20.    Amendment #1, as shown on page _______, to Work Order #88 to PS-5120-02.

 

21.    Amendment #1, as shown on page _______, to Work Order #25 to CC-2190-07.

 

22.    Amendment #1, as shown on page _______, to Work Order #26 to CC-2190-07.

 

23.    Amendment #3, as shown on page _______, to Work Order #81 to PS-5120-02.

 

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

 

25.    Work Order #30, as shown on page _______, to PS-4388-09.

 

26.    Closeout, as shown on page _______, to Work Order #5 for CC-5075-10.

 

27.    Change Order #1, as shown on page _______, to Work Order #15 to CC-2183-07.

 

28.    Amendment #4, as shown on page _______, to Work Order #34 to PS-0381-06.

 

29.    Preliminary Engineering Agreement, as shown on page _______, with CSX Transportation for the Cross Seminole Trail as approved by the BCC on March 22, 2011.

 

30.    Utility Agreement, as shown on page _______, for sewer service for the project known as Fern Village.

 

31.    Bids as follows:  CC-7202-11; RFP-601310-11; RFP-601311-11; IFB-601294-11; IFB-601295-11; IFB-601296-11; IFB-601297-11; and IFB-601284-11.

 

Districts 1, 2, 4 and 5 voted AYE.

REGULAR AGENDA

Joy Williams, Planning and Development Division, addressed the Board to present a request for a reduction of the Code Enforcement Board lien, from $16,500.00 to $0.00, for Case #11‑41‑CEB on property located at 437 E. Highland Street, Altamonte Springs, Federal National Mortgage Association (owner) and Thomas Dumolt.  Ms. Williams gave a brief history of the case and stated staff is recommending denial of the request for reduction of the lien.  She requested that her report be made a part of the record.

Upon inquiry by Chairman Carey, Ms. Williams stated District Commissioner Van Der Weide supports staff’s recommendation.

Motion by Commissioner Henley, seconded by Commissioner Dallari, to deny a reduction to the Code Enforcement Board lien, from $16,500.00 to $0.00, for Case #11‑41‑CEB on property located at 437 E. Highland Street, Altamonte Springs ‑ Federal National Mortgage Association (owner) and Thomas Dumolt; and authorize the Chairman to execute the Release of Lien upon payment in full. 

Districts 1, 2, 4 and 5 voted AYE.

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Bill McDermott, Economic Development Manager, addressed the Board to request approval of the Resolution recommending that Genesis 10 Corp. be approved as a Qualified Target Industry Business (QTI) agreeing to local financial participation ($30,000); approval of the Resolution agreeing to local financial participation in a Quick Action Closing Fund (QACF)($65,000); and approval of an agreement with Genesis 10 Corporation for the QACF.

Mr. McDermott stated that Genesis 10 is based in New York City and has locations all around the country.  They tend to service specific clients from these particular centers.  This is a very high-end technical customer service center.  There will be 100 jobs created with an average wage of $80,000 a year.  The primary client that they will be servicing from this location will be Bank of America.  Mr. McDermott stated they were in competition with Atlanta on this project, which is why they have a two-piece incentive situation using a traditional QTI along with the Quick Action Closing Fund.  The exposure for the County will be approximately $95,000 which will be spread over five years on the QTI side and spread over three years on the QACF side.  Job creation will be 50 the first year, and then 25 and 25.  He stated this is a cash situation as opposed to tax rebate.  They will pay no monies out until those jobs are created and in place and verified.

Upon inquiry by Commissioner Horan, Mr. McDermott stated this will be a brand new regional processing center for the company.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the Chairman to execute appropriate Resolution #2012-R-36, as shown on page _______, recommending that Genesis 10 Corp., located at 260 Wekiva Springs Road, Longwood, be approved as a Qualified Target Industry Business (QTI); approve and authorize the Chairman to execute appropriate Resolution #2012-R-37, as shown on page _______, agreeing to participation in a Quick Action Closing Fund (QACF) with the State of Florida; approve an appropriation of $95,000 as local participation in the QTI/QACF programs; and approve and authorize the Chairman to execute the Agreement, as shown on page _______, between Seminole County and Genesis 10 Corp. for the QACF.

Districts 1, 2, 4 and 5 voted AYE.

 

 

COUNTY MANAGER’S AND STAFF’S BRIEFINGS

The Board noted, for information only, the Final Informational Budget Amendment Status Report for FY 2010/2011.

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Sabrina O'Bryan, Fiscal Services, and Susan Dietrich, Deputy County Attorney, addressed the Board to give a brief status report on legislative issues.  She advised that a revised report (copy received and filed) of the legislative bills that are being monitoring and their status was submitted to the Commissioners yesterday.  She advised that they are monitoring about 100 of the 1,988 bills that have been filed to date for the 2012 session. 

Ms. O'Bryan stated that HB 03, filed by Representative Plakon on the banning or prohibition of simulated gambling devices, passed favorably with a vote of 10 to 5.  SB 428, the counterpart to HB 03, was temporarily postponed.  SB 710 filed a committee substitute on January 11 which has not yet been taken up.  She stated that it looks like both the House and the Governor are in a similar stance on this issue leaning towards banning as opposed to regulating but the Senate has shown more interest in a regulation approach.   

Ms. Dietrich stated that with regard to SB 354, Seminole County Expressway Authority Reenactment, the Senate committee came out with a substitute, CS SB 354.  The current version of that bill basically conforms to revisions that were made last year in the 2011 Session to the existing authorities.  The substantive portion of the changes effected deleting the lease purchase option.  She advised that the bill was temporarily postponed yesterday and they do not know when it will be brought up again.  The House version has been referred to three committees but is not currently scheduled for any of their agendas.

Ms. Dietrich stated that SB 416, the use of wireless communication devices while driving, is currently in the Budget Subcommittee on Transportation and is scheduled to be heard on January 26, 2012. 

Commissioner Henley asked if there was any information regarding Mr. Gardiner's bill that is being worked on.  Ms. Dietrich stated their lobbyist, Mr. Brantley, is trying to obtain that information.  There have been no published versions to date.  

Upon inquiry by Commissioner Horan, Commissioner Henley explained that he does not believe the bill has been filed yet but he has received information from Tallahassee that Mr. Gardiner, along with Mr. Horner, have been working on a bill to combine a lot of the transportation agencies.

Commissioner Dallari stated that they are keeping an eye on the bill through MetroPlan.  Bill Peoples, the MetroPlan lobbyist, is watching it and having direct dialogue with them.  He stated once they find something out, they will let the Board know. 

Commissioner Henley stated that in regard to the Seminole County Expressway Authority, they negotiated an agreement regarding the Wekiva Extension which granted authority to build a road.  He understands now that FDOT is going to build that portion.  Since in essence, their authority has been disbanded, Commissioner Henley asked Mr. Applegate where that leaves the agreement. 

Mr. Applegate responded that until he sees what comes out of the legislation, they are all in a gray area. 

Commissioner Dallari advised he did have some dialogue with FDOT District Secretary Noranne Downs, and her opinion is that they will try to adhere to those agreements and will be working with each one of them once they start getting to the design phase.  He advised that Ms. Downs made a commitment to them on the public record at MetroPlan that she is going to adhere to those agreements.

Chairman Carey stated based on the public testimony that they heard at the MetroPlan meeting, Ms. Downs will continue to work closely with them for the alignment and the displacement of some of the residents involved in the alignment. 

Commissioner Horan stated if they don't have a viable entity in the Seminole County Expressway Authority, he believes the County Commission is a separate signatory to those agreements.  Ms. Dietrich confirmed that is correct. 

Commissioner Horan explained his concerns about the separate entity.  He stated that not only is the entity a signatory to these agreements but it has certain authorities, and they might want to use the separate entity and the authorities that it has in the future to do something with regard to transportation that may be within the ambient of the legislation.  That is why he thinks it is important to get it reinstated, not just because it is a signatory to very, very important agreements but because it gives them flexibility.  Commissioner Horan stated while he understands why a particular provision is being added to their reenactment, he does not understand why it is being postponed. 

Chairman Carey stated there is discussion that the bill that Mr. Gardiner may file would eliminate all of these agencies and roll them up into one transportation authority.  While she does not know the strategy for sure, she believes they are waiting to see how that comes out.  Chairman Carey advised their lobbyist is very "plugged in" and knows it is a priority of the Board.  He is doing a great job in trying to make sure they do get reinstated and is also trying to find out what else is going on with the whole transportation discussion since it is affecting a lot of other transportation discussions that are going on in Tallahassee right now.

Mr. Applegate advised that his office will work on a summary looking at different alternatives and options with regard to what is going on in Tallahassee so they have a better plan.

Chairman Carey stated they want the Expressway Authority reinstated regardless because there may be something in the future that they want to do through that agency.

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Motion by Commissioner Henley, seconded by Commissioner Dallari, to reappoint Tony Matthews, Principal Planner, Seminole County Growth Management Department, Planning and Development Division, for a second term as the primary staff representative to the Wekiva River System Advisory Management committee; and approve appointment of Shannon Wetzel as an alternate member.

Districts 1, 2, 4 and 5 voted AYE.

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Mr. Hartmann stated that he has requested staff present an update on the loss of “The Senator”, a 3,500 year-old tree located in Big Tree Park.

Video produced by SGTV depicting “The Senator” in Big Tree Park was shown.

Bryan Nipe, Greenways and Natural Lands Division, addressed to Board to describe the loss last week of the 3,500 year-old bald cypress known as "The Senator."  Mr. Nipe updated the Board as to the investigation and stated that the three theories are arson, lightning or some sort of natural occurrence.  Staff has been working on-site to keep the park closed during the ongoing investigation and also the gathering up of the remains of the tree.  He advised they have met with various private and public entities to gather input on how, if they decided to remove the remains off site, that can be done in the most appropriate manner.  Mr. Nipe stated that in terms of security, they have met with several groups, including Site Secure who the County has a contract with (Utilities and Facilities Department), and they have been provided with some figures if they are to set up a security camera system to monitor both Lady Liberty and/or the remainder of the tree if there is a memorial in place. 

Mr. Nipe advised that they have received an outpouring of public support and input locally and nationally.  People around the world knew of this tree and there is a lot of sadness in the community.  He stated that artisans, woodworkers, artists and general citizens have offered to volunteer their time.  Dr. Ann McGee, from Seminole State College, is interested in obtaining a limb to create a mace or scepter for graduation ceremonies.  Mr. Nipe stated that local and state museums may be interested.  He has worked with University of Florida Extension on what type of cloning had been done in recent years of the tree.  If they can replicate the tree, it would be a good thing for the future.  He described some of the private interests and people who have contacted him.

Mr. Nipe stated that staff's recommendation is to preserve the site around the tree, including the stump, in memoriam along with some interpretive signage, maybe a time line, dating back to the beginning of the tree up to its demise.  They recommend that the remains of "The Senator" be relocated to a secure location.  They suggest that they commission the services of an artisan or woodworker to preserve portions of the tree.  They believe the tree should not be commercialized in any way.  If any sale of a portion of the tree is made, the funds should be used to memorialize the site and tree for future educational purposes.  They feel it is a public entity and providing pieces of the tree to local museums, schools and public places would be appropriate and to even possibly provide pieces to the Museum of Natural History for the State and the Smithsonian nationwide.

Chairman Carey stated she believes memorializing the tree in all of the ways that Mr. Nipe just spoke about would be an important thing.  She believes since President Calvin Coolidge recognized the tree back in the 1920's, the Smithsonian probably would have an interest in having a piece of it as well.  Chairman Carey advised that, in her conversations with Dr. McGee, she asked Dr. McGee to give the County some idea of what size piece they would need. 

Chairman Carey suggested with regard to the piece of the tree that is still sticking up in the air, the right artisan could etch the tree onto it.  She stated that a lot of people have volunteered to make things, turn bowls and vases and things for free because they just want to be part of remembering "The Senator."  If they end up selling some of the items, using the funds to do the memorializing of the site would be a good idea. 

Commissioner Horan stated that the practical problem is that these are huge pieces of wood.  The problem is you cannot move a truck or a front-end loader back there.  He believes it is going to be dangerous and expensive to move a lot of that wood and thinks whatever they do, they should try to do it in a way that is environmentally sensitive, keeping in mind that fire is a natural type of thing to occur in the life of a forest.  He suggested if there is some way to keep whatever is there natural, clean up the site, minimize the amount of wood that they have to move and incorporate what has naturally happened into an educational thing, that might be the most simple, least expensive, and least dangerous way to go about it.  He stated the other recommendations that staff has are good as well.  He agreed they should not commercialize the tree and whatever they are able to realize from this in terms of concession rights should be dedicated to memorializing the tree and advancing it as an educational site. 

Commissioner Dallari stated that it is truly not just a sad day but a sad event to lose a precious resource such as "The Senator."  He stated he is concerned about security of the site but more importantly security of "Lady Liberty."  He wants to make sure the second tree stays in its natural environment and is secure.  He would like to see the numbers for what it will take to actually secure "Lady Liberty" so she can survive however many years it is going to be.  Upon inquiry by Commissioner Dallari, Mr. Nipe stated that "Lady Liberty" is 2,000 years old. 

Chairman Carey stated that there is no fencing on the backside or on the east side of this park and she believes that is something they need to address immediately.  They probably have the ability to do that with their Public Works staff. 

Commissioner Dallari stated he thinks the security of the entire site is one of their first issues and then how to secure the site for Lady Liberty and remains of "The Senator."  He discussed Site Secure.  He agreed that they should not commercialize any of the remains and they should be secured.  They should try to memorialize the remains.  He would like to see a plan brought back to the Board to be sure they are moving in the right direction to do that. 

Commissioner Henley concurred with a lot of the recommendations.  He stated they certainly need to memorialize "The Senator" in every way that they can.

Chairman Carey stated that she believes staff has heard support for what they are proposing to do and requested that they keep everyone on the Board informed as this moves along. 

Commissioner Dallari stated that he is intrigued with cloning and asked if there have been samples cloned earlier.  A new tree is born out of the rubble.  Chairman Carey stated there are some saplings that probably came directly from the tree based on where they are located.  Commissioner Horan stated he believed there were seedlings that were taken from "The Senator" over the years and cloned.  He asked if there are progenies of "The Senator" all over Florida already.  Mr. Nipe explained there is a professor from the Univeristy of Florida that was part of that who is currently looking into where those clones are.  Commissioner Horan stated that technically speaking, a portion of the tree is alive. 

 Mr. Applegate stated that in light of the circumstances that there is still an investigation ongoing, there is a need to secure the remains and secure the locations.  He recommended the Board consider a motion allowing the County Manager the authority to enter into a hold harmless and indemnification agreement with any facility that is not a public facility where they would need to store the remains to keep them secure, not only during the investigation but after the investigation is complete, so the remains are not stolen. 

Motion by Commissioner Dallari to allow the County Manager the authority to enter into a Hold Harmless and Indemnification Agreement, as shown on page _______, with any facility that is not a public facility where they would need to store the remains. 

Commissioner Horan stated he would amplify that the indemnification be insured with a certain requirement for insurance.  Commissioner Dallari agreed with the amendment to the motion.

Commissioner Horan seconded the motion.

Districts 1, 2, 4 and 5 voted AYE.

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Mr. Hartmann advised that he has selected John Krug, who is currently in the Charlotte area, to be the Economic Development Director.  He gave a brief description of Mr. Krug's past experience.  He distributed Mr. Krug's resume and the terms of the offer (copy received and filed) to the Board.  He stated Mr. Krug will start on February 27 and requested the Board confirm Mr. Krug's appointment. 

Motion by Commissioner Henley, seconded by Commissioner Horan, to confirm the County Manager's recommendation of John Krug as Economic Development Director.

Districts 1, 2, 4 and 5 voted AYE.

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Chairman Carey announced that from 10:00 a.m. to 1:00 p.m. the Remembrance Rescue Project will be outside in the parking lot.  It is a not-for-profit organization created by firefighters to preserve the awareness of the significance of 9/11 through the story of Fire Department New York Rescue #4.  It is currently the only fire apparatus from 9/11 operating outside the City of New York and is an educational project and fund-raising tool for children of fallen firefighters. 

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Chairman Carey recessed the meeting at 11:35 a.m., reconvening at 1:31 p.m. with all Commissioners and all other Officials, with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Jane Spencer who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

     Districts 1, 2, 4 and 5 voted AYE.

     Chairman Carey advised that Commissioner Van Der Weide is still absent on medical leave.

PUBLIC HEARINGS

APPEAL OF BOARD OF ADJUSTMENT/

Sentry Management, Inc.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider appeal of the Board of Adjustment’s decision regarding approval of two variances for a side street setback variance from 25’ to 15’6” for a fence; and a maximum fence height variance from 6’6” to 8’ in the R-1A (Single-Family Dwelling) district for property located on the southeast corner of Finrod Way and Mallorn Way, more particularly known as 967 Finrod Way; Sentry Management, Inc., received and filed.

     Ian Sikonia, Planning & Development, addressed the Board to present the request, stating the Board of Adjustment (BOA) approved the owners’ (Grant Campbell and Crystal Stacks) request for a side street setback variance and height variance for the existing fence.  On October 10, 2011, the Orange Grove Park Homeowner’s Association (HOA) Board of Directors authorized their management company, Sentry Management, Inc., to submit an appeal of the BOA’s decision on behalf of the HOA.  He said the staff recommends the Board of County Commissioners overturn the decision of the BOA to approve the variances.  He advised that on January 20, 2012, Sentry Management, Inc. notified the Planning & Development Division that they no longer represent the Orange Grove Park HOA and the new management company, SMK Accounting Services, will not be attending the meeting today; however, they did not want to withdraw the application.

     Grant Campbell, applicant, addressed the Board to state the management company is no longer in effect that filed the appeal, and he asked if no one from the company shows up, does he get granted the previous decision.  Commissioner Dallari advised him no.

Mr. Applegate confirmed with staff that the management company filed the petition for the HOA; therefore, the management company does not need to be present and the hearing can proceed.

Mr. Campbell stated he has an irregular lot and it’s hard to have privacy.  With the way the lot is designed, all the homes behind his home can see directly into his home.  He said there are probably seven or eight homes that you can look from directly into his back window.  Further, he said there was a 6’ fence before but you could see directly over it from all the homes; and anybody walking down the sidewalks can see into his home.  He noted that there is a sexual predator that lives three houses away, and his wife noticed someone looking over the fence one day; and that is one of the reasons they extended the height of the fence.  He said all his neighbors in front and on the sides said they would come to the meeting in his favor, but he didn’t think it was going to be necessary after the lady who filed the petition against him was fired.  He assumed this issue would not be pursued.

District Commissioner Dallari stated he agrees with the property owner.  He said he has visited the site a couple of times, and it is an irregular lot.  He said there are issues existing that could be considered a hardship.

No one spoke in support or in opposition.

Chairman Carey clarified with staff for the record that the problem with the 25’ side street setback variance is where the property gets narrow in the back.

District Commissioner Dallari said he has two issues, one with the shape of the lot and there is a slight elevation to the house so that if a 6’ fence is put up, you can still look through the windows. 

Motion by Commissioner Dallari, seconded by Commissioner Horan, to uphold the Board of Adjustment’s decision, thereby denying the appeal and granting the two variances for a side street setback variance from 25’ to 15’6” for a fence; and a maximum fence height variance from 6’6” to 8’ in the R-1A (Single-Family Dwelling) district for property located on the southeast corner of Finrod Way and Mallorn Way, more particularly known as 967 Finrod Way; as described in the proof of publication, Orange Grove Park Homeowner’s Association, SMK Accounting Services; Decision On Appeal, as shown on page _______.

Districts 1, 2, 4 and 5 voted AYE.

APPEAL OF BOARD OF ADJUSTMENT/

Abel Gaibort

     Proof of publication, as shown on page _______, calling for a public hearing to consider the appeal of the Board of Adjustment’s decision to deny the request for a side yard (west) setback variance from 10’ to 0’ for two sheds in the A-1 (Agriculture) district for property located on the south side of N. CR 426, approximately 250’ west of Oklahoma Street, more particularly known as 1365 N. CR 426, Abel Gaibort, received and filed.

     Denny Gibbs, Growth Management, addressed the Board to present the request, stating that based on the evidence presented at the meeting of October 24, 2011, the Board of Adjustment (BOA) denied the applicant’s request for the variance for the two sheds.  Ms. Gibbs advised that staff received a letter (copy received and filed) in opposition from the immediate neighbor and copies were provided to the Board yesterday.  She said the staff recommends the Board uphold the decision of the Board of Adjustment to deny the request of the applicant.

     Chairman Carey stated this is also an irregular-shaped lot.

     Upon inquiry by Commissioner Henley, Ms. Gibbs said the applicants built two sheds, apparently close together in time, but they are two different buildings and they don’t share a common roof or walls.  She said there was enough room for the sheds to be set at the 10’ setback.

     Abel Gaibort, appellant, addressed the Board to state he never pulled any permits.  He said this is the first home he has owned in the United States and he never knew about any permits.  When he bought the house, he saw people with sheds and garages in the back and he felt he could do it and he did.  He said he lives in a rural area and has no neighbors, other than the people who are complaining.  He said he has spent a lot of money on the sheds; they do have concrete floors and were built by someone who builds garages. 

     Upon inquiry by Commissioner Horan, Mr. Gaibort discussed the electricity for the sheds is from wiring coming from his house and he also has a generator.  He explained that his son fixes motorcycles and cars in the sheds as a hobby.  Further, he said that most of the time he is bound to a wheelchair, so he had the sheds put close to the house instead of farther away.  He said he uses the sheds for storage. 

     District Commissioner Horan stated he has met with Mr. Gaibort and representatives of his family and has talked on the phone and discussed some of the other extenuating circumstances. 

     Upon inquiry by Commissioner Horan, Ms. Gibbs affirmed that if the variance is not granted, Mr. Gaibort will have to resolve the building permit and any building issues, even if the BCC overturned the Board of Adjustment’s decision.

     Commissioner Horan discussed his concerns with the Building Code regarding the sheds.  Discussion ensued regarding when Mr. Gaibort purchased the home and its value today.

     Mr. Applegate advised the Board that whether the house is in foreclosure or not is not related to the issue today before the Board.

     Glada Renyi, 1385 N. CR 426, addressed the Board to state she is a neighbor next door and when she came here, Mr. Gaibort helped her a lot and she never had any trouble from him.  She said he is a good neighbor.  She has known Mr. Gaibort and his family since three years ago.  She is in support of the request for a variance to keep the sheds.

     Nora Hollis, 1345 N. CR 426, addressed the Board to state she lives in the house to the west.  She said the Board is in receipt of a letter she wrote.  She stated when she first met the neighbor after the sheds were already built, he was still mobile then and walked to her house.  She is questioning the electricity, because there is an air conditioning unit; and looking from her house, it looks like one entire building.  She said Mr. Gaibort told her they put in a drainfield on the north edge of the building and she doesn’t know what it is there for and where they are draining from.  She would like to see what the BCC would have said if Mr. Gaibort had applied for the variance before he ever put up the first board and nail.

     Victor Cohen, 1365 N. CR 426, cousin of the appellant, addressed the Board to state he is in support of the request.  He said he lives on the property and they keep to themselves.  They have had trouble ever since Ms. Hollis made the complaint.  He said they store things in the sheds.  He advised Commissioner Horan that he was not there when the sheds were constructed.

     No one else spoke in support or in opposition.

     Speaker Request Form for Ms. Renyi was received and filed.     District Commissioner Horan stated this is a difficult situation because of the personal hardship of the people involved.  It would be different if the setback was being requested from 10’ to 8’ or 10’ to 6’, but this is a variance from 10’ to 0’.  These are unpermitted structures; and even if the BCC grants the variance, there is the possibility that there are going to be problems that will cost a lot of money to try to correct.  Basically, there are no facts that show that the various exceptions to granting the variance exist.

     Motion by Commissioner Horan, seconded by Commissioner Henley, to uphold the Board of Adjustment’s decision to deny the request for a side yard (west) setback variance from 10’ to 0’ for two sheds in the A-1 (Agriculture) district for property located on the south side of N. CR 426, approximately 250’ west of Oklahoma Street, more particularly known as 1365 N. CR 426, as described in the proof of publication, Abel Gaibort; Decision on Appeal, as shown on page _______.

     Districts 1, 2, 4 and 5 voted AYE.

     Chairman Carey asked staff to meet with the applicant and advise him what steps he needs to take from this point.

     Commissioner Horan said if the applicant needs additional time and wants to go back before the Board of Adjustment, it is his position that the condition of the buildings now is not a public health and safety problem, so he would encourage the Board of Adjustment to be liberal in providing the applicant as much as time as possible to comply.

CHAIRMAN’S REPORT

     Chairman Carey stated the Growth Management Department asked her to announce that the second public hearing for the Trademark Metals Recycling brownfield designation that was originally scheduled for January 10, 2012, has been rescheduled to February 14, 2012. 

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     Chairman Carey said she has a letter to go to the federal delegation that staff has drafted, and she would like all the Commissioners to sign it.  The letter is regarding the Lake Mary Post Office facility closing.  She will circulate the letter today to each Commissioner.  She said copies of the letter will be sent to the Congressional and Senate members, and those who serve on the Postal Administration Committee.  Commissioner Dallari asked that the letter also be sent to the federal lobbyists.

     Additionally, Chairman Carey asked for approval to co-sign a similar letter with the Mayors of Lake Mary and Sanford.

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize the Chairman to co-sign a letter with the Mayors of Lake Mary and Sanford regarding closing of the Lake Mary Post Office facility.

     Districts 1, 2, 4 and 5 voted AYE.

     Chairman Carey stated the Chamber of Commerce, as private business representatives, also sent a letter in support of leaving this facility open.

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     Chairman Carey said at one of the earlier meetings discussing the legislative issues, they talked about the Charter County Transit Tax issue with the School Board and the BCC supporting the School Board moving that forward to amend the language to say if the jurisdiction chose to include the School Board for bus transportation, that would be an allowable use.  It appears there was some confusion from the staff and now the School Board is asking the BCC to pass a resolution.  Since that was the consensus of the Board that day, she asked for a motion from the Board so staff can contact the County’s lobbyist to say the County Commission is in support of that action.

     Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve the County’s lobbyist to work on, with the support of the Board of County Commissioners, the issue of including the School Board for bus transportation in the Charter County Transit Tax.

     Districts 1, 2, 4 and 5 voted AYE.

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     Chairman Carey advised that because of the last work session with the School Board, there was some discussion about follow up on the collaboration issues as well as some other issues that the School Board would like to discuss with the BCC.  They have requested to have a follow-up workshop; and that is scheduled for Tuesday, February 7, from 9:30 a.m. to 11:30 a.m. in the BCC Chambers, Room 1028.  

     Upon inquiry by Commissioner Dallari on publicizing the agenda, Chairman Carey said Superintendent Vogel is working with the County Manager on the agenda.  She and Mr. Hartmann talked about that yesterday and the agenda should be circulated within the next couple of days.

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     Chairman Carey stated she received an invitation from the Central Florida Partnership, Jacob Stewart, regarding a meeting called “A Regional Gathering--Moving Ideas to Results.”  The meeting will be at Mission End in Howey-in-the-Hills on Tuesday and Wednesday, March 20 and 21.  She reviewed the schedule and said she is not planning to attend.  She stated, in light of the financial situation of all the counties and cities, the Partnership probably should have thought that through before setting the meeting.  She reminded the Commissioners that if anyone is planning to attend, they will need approval by the Board because of the mileage rule.  The Commissioners all said they would not be attending the meeting.

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     Chairman Carey stated she has a request from the Home Builders’ Association for a letter to Beth McGee on her retirement.  She has drafted the letter under her signature and will send it, if there are no objections.  No objections were voiced.

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     Chairman Carey further stated she has a request from the Village of Geneva regarding their school.  They will address the School Board tonight.  The group is going to request FEMA funding to repair the roof at Geneva Elementary School.  When they had their community meetings, one of the reasons the School Board was looking at the Geneva School was because it needed the roof replaced and the cost that would be involved for that.  The Village of Geneva has asked that the BCC support them in their effort to request FEMA funding. 

     Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve sending a letter to the Village of Geneva in support of their request for FEMA funds to repair the roof at Geneva Elementary School.

     Districts 1, 2, 4 and 5 voted AYE.

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     Chairman Carey stated she has received a letter from Congresswoman Corrine Brown to advise she will be holding her annual legislative update with elected officials from 10:00 a.m. to 12:00 noon on Saturday, January 28, at the Town Hall Chambers in Eatonville.  She has invited all elected officials.

     Commissioner Dallari noted that Congresswoman Brown has been very instrumental in working with Congressman John Mica on all the SunRail projects and transportation issues that have gone to Washington, D.C.

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     Chairman Carey advised she received correspondence this morning from Senator Nelson’s office inquiring about whether the BCC was supporting the Village of Geneva or was the BCC requesting the FEMA funds.  She said it may be that such request has to come from a governmental body.  She clarified that the BCC will support the action either way.  Commissioner Dallari said that was the intent of his motion and Commissioner Horan agreed.  Whereupon, Chairman Carey said she will contact Senator Nelson’s office and inform them of the position of the BCC.

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were “received and filed”:

 1.  Notice received January 9, 2012 to Surrounding Property Owners from the City of Sanford re:  Public Hearing to Consider a Conditional Use.

 

 2.  Memorandum dated December 15, 2011 to Chairman, Board of County Commissioners, from Miles Anderson, Bureau Chief, Division of Emergency Management, re:  Annual Request for Update, per 9G-22 Florida Administrative Code.

 

 3.  Copy of letter dated December 19, 2011 to Mr. Antoine Khoury, Acting Public Works Director, from Mary K. Holton re:  Flooding Issue Caused by Stormwater Runoff from Mullet Lake Park Road.

 

 4.  Letter dated December 9, 2011 to Chairman Brenda Carey from Representative Debbie Mayfield re:  action taken by the Joint Legislative Auditing Committee against a special district created or established by Seminole County.

 

 5.  Letter dated December 22, 2011 to The Seminole County Board of County Commissioners from Chairman Tina Calderone, Chairman, Seminole County School Board, re:  representation on the Value Adjustment Board for 2012.

 

 6.  Letter dated December 28, 2011 to Chairman Brenda Carey from D. Ray Eubanks, Administrator, Plan Review, Florida Department of Economic Opportunity, re:  submittal of the County’s proposed Comprehensive Plan amendments.

 

 7.  Letter dated December 23, 2011 to Chairman Brenda Carey from Diane Culpepper, Bright House Networks, re:  programming changes.

 

 8.  Copy of letter dated January 12, 2012 to Doug Darling, Executive Director, Department of Economic Opportunity, from Kevin Shaughnessy and Kevin Neal, Workforce Central Florida, re:  revised response to three separate matters.

 

 9.  Copy of letter dated January 18, 2012 to David Patterson, Manager of Consumer and Industry Contact, United States Postal Service, from Chairman Brenda Carey re:  Mid Florida Processing and Distribution Center.

 

10.  Notice of Public Hearing from the City of Lake Mary re:  Final Plat for the Enclave at Tuscany Subdivision.

 

11.  Notice of Ordinance dated January 11, 2012 to Board of County Commissioners from the City of Sanford re:  first reading and adoption of Ordinance No. 4263.

 

12.  Notice of Public Hearing dated January 13, 2012 to Chairman Brenda Carey from the St. Johns River Water Management District, re:  public testimony regarding the District’s Florida Forever Work Plan Annual Update for the acquisition and management of lands funded by the Florida Forever Trust Fund.

 

13.  Letter dated January 13, 2012 to Chairman Brenda Carey from Robert M. Bock, President, National Associate of Postal Supervisors, Branch 406, re:  AMP Meeting – Mid Florida Plant.

 

14.  Notice of Public Hearing received January 20, 2012 from the City of Sanford re:  consideration of a PD Master Plan Amendment.

 

15.  Letter dated January 17, 2012 to Chairman Brenda Carey from Clayton Wilder, Administrator, Florida Department of Law Enforcement, re:  Contract No. 2011-JAGC-SEMI-1-B2-017.

 

16.  Public Meeting Notice received January 20, 2012 from the City of Sanford re:  amendment of the Future Land Use Map designation for property located at 815 French Avenue.

 

DISTRICT COMMISSIONERS’ REPORTS

     Motion by Commissioner Horan, seconded by Commissioner Dallari, to reappoint Charles Lippoldt to the Contractor Examiner’s Board for a one-year term by appropriate Resolution #2012-R-38, as shown on page _______.

     Districts 1, 2, 4 and 5 voted AYE.

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     Motion by Commissioner Henley, seconded by Commissioner Dallari, to appoint Bernard Johns to the Board of Adjustment for a four-year term ending January 1, 2016, by appropriate Resolution #2012-R-39, as show on page _______; and adopt appropriate Resolution #2012-R-40, as shown on page _______, of appreciation to Bob O’Malley for his service on the Board of Adjustment.

     Districts 1, 2, 4 and 5 voted AYE.

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     Commissioner Henley stated he thinks everyone received a letter for the groundbreaking for SunRail at the Altamonte site, and it would be nice if they all could be there. 

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     Commissioner Dallari stated he will not be able to attend the next Board meeting on February 14 because he will be representing MetroPlan on their national board in Washington, D.C.

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     Motion by Commissioner Dallari to appoint Steve Young to the Contractor Examiner’s Board for a one-year term ending January, 2013; appoint Deborah Schafer to the Code Enforcement Board for a three-year term ending January, 2015; reappoint Jeff Ebers to the Parks & Preservation Advisory Committee for a two-year term ending January, 2014; and reappoint Gail Nagen to the Animal Control Board for a one-year term ending January, 2013.

     Chairman Carey called for a second to the motion without response, whereupon, the motion died for the lack of a second.

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     Motion by Commissioner Dallari, seconded by Commissioner Horan, to appoint Steve Young to the Contractor Examiner’s Board for a one-year term ending January, 2013, by appropriate Resolution #2012-R-38, as shown on page _______.

     Districts 1, 2, 4 and 5 voted AYE.

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     Motion by Commissioner Dallari, seconded by Commissioner Henley, to appoint Deborah Schafer to the Code Enforcement Board for a three-year term ending January, 2015, by appropriate Resolution #2012-R-41, as shown on page _______.

     Districts 1, 2, 4 and 5 voted AYE.

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     Motion by Commissioner Dallari, seconded by Commissioner Henley, to reappoint Jeff Ebers to the Parks & Preservation Advisory Committee for a two-year term ending January, 2014 (previously appointed on January 10, 2012).

     Districts 1, 2, 4 and 5 voted AYE.

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     Motion by Commissioner Dallari, seconded by Commissioner Horan, to appoint Jennifer Finch to the Animal Control Board for a one-year term ending January, 2013, by appropriate Resolution #2012-R-42, as shown on page _______.

     Districts 1, 2, 4 and 5 voted AYE.

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     Commissioner Dallari thanked Brett Blackadar and others who participated on Friday evening in putting up the two concrete beams at Red Bug Lake Road and CR 426.  He said he has heard a lot of positive responses from the community.  He asked Mr. Blackadar to look at the site line with the red lights, as he has had a couple of people asking questions about that.

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     Commissioner Dallari stated he received a letter from the property owner referencing the medical facility on CR 426 and Red Bug Lake Road, and he wants to see when that will be scheduled on the agenda.

     Chairman Carey asked staff if that will require Board action for realignment.

     Mr. Blackadar stated staff has drafted a Memorandum of Understanding and that was forwarded to the County Attorney’s office late last week.  They are trying their best to get that on the first Board agenda in February.  Chairman Carey and Commissioner Dallari asked for it to be scheduled for the second meeting in February (the 28th) as he will be absent on February 14.

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     Chairman Carey stated she and Mr. Forte will attend the “Weed and Seed” meeting in Midway in February to update them on the Midway Community Center.  She said she just received some information that the School Board has finally made a formal variance request on the septic tank to the State Department of Health.  She has been trying to get this done so she can speak to Gerald Briggs on trying to get a variance on the existing septic tank, so they will be able to move the project forward sooner rather than later.  She said they will give the Board a follow-up report after their meeting in February, and she welcomed any other Commissioners who would like to attend to do so.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:22 p.m., this same date.

 

ATTEST:_______________________Clerk_____________________Chairman

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