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.
-------
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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