BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JANUARY 26, 2010

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, January 26, 2010, in Room #1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Bob Dallari (District 1)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Mike McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Court Maryanne Morse

     Acting County Manager Joe Forte

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     Missionary John Pierce, Jr., New Tribes Mission, gave the Invocation.

     County Attorney Robert McMillan led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Harry Barley, Executive Director, METROPLAN ORLANDO, addressed the Board to recognize Commissioner Henley for his service on the METROPLAN ORLANDO Board.  He introduced Kelly Teague, Director of Public Affairs and Governmental Relations, who was with him.  Mr. Barley presented Commissioner Henley, on behalf of their Board members and staff, with a photograph of downtown Sanford (that reminds everyone of how times have changed) in appreciation of his dedication and service to advance transportation priorities relative to Central Florida.  Mr. Barley welcomed Commissioner Carey who will represent the County on the METROPLAN ORLANDO Board, along with Commissioner Dallari.  He also advised that Commissioner McLean has been appointed to serve as the new chairman of the Transportation Disadvantaged Local Coordinating Board.  He expressed appreciation for all that Seminole County brings to their regional transportation partnership with the leadership and the staff.

     Commissioner Henley expressed thanks to the Board of County Commissioners for the opportunity to serve on the METROPLAN ORLANDO Board.  He said Mr. Barley does a tremendous job and he knows he will continue to do so.

County Manager’s Consent Agenda

Mr. Forte pulled from the agenda Items #10, Resolution implementing Budget Amendment Request (BAR) #10-37 through the Self Insurance Funds in the amount of $22,497,278 to provide funding for Health Insurance; and #19, Mitigation Reservation and Purchase Agreement (MRPA) for purchase of wetland mitigation units by Seminole County in conjunction with the Chapman Road Improvement Project from Schrimsher, Inc., owner of the Lake Jesup Mitigation Area; and advised of correction in the project Number for Item #17 to read, Capital Improvement Project Number 00174503.  Mr. Forte also said under the Public Hearings, Item #29, Utility Easement Agreement and Associated Conceptual Site Plan for FP&L (Florida Power & Light) Electrical Substation, will be postponed to February 23, 2010, in order to obtain additional information from FP&L.

     Commissioner McLean questioned why the relatively small project is being split among five firms for Item #5, Approve the negotiated rates and award PS-4388-09.

     Ray Hooper, Purchasing Manager, addressed the Board to advise one reason is that under CC&A, the new provision in the Florida Statutes is that under master agreements, the construction project cannot exceed $2 million.  He explained that for a typical design project, they would never issue a work order in excess of $200,000.  He said they will have a magnitude of projects with work orders under $200,000 for compliance of the State Statute for the design component where they need multiple consultants engaged to do that.

     Jerry McCollum, County Engineer, addressed the Board to explain the estimated annual usage amount of $900,000.  He said staff has learned in the past that when they have five firms, if they are not satisfied with one of the performances, they don’t have to go to that firm anymore.  Also, in hard economic times, some firms go under.  He said if they went with a smaller number, he would be concerned about not getting the value he should be getting from a consultant, as well as if there were financial problems with any firm on the list. 

     Commissioner Henley added that the real reason staff has used five firms is that in the past, the Board has chastised staff for bringing only three firms before them.

     Commissioner Carey stated she had asked staff for additional information on Item #4, Amendment #1 to RFP-600083-06, about pricing around other parts of Central Florida as the rates are vastly different from what the County has.  She said it seems there is a better price; so she is willing to support this item for a short period of time, but she would like for staff to put this out to the market to see what comes back. 

     Mr. Hooper said when staff negotiated this, they did a market survey of all the surrounding counties and compared the rates.  The rates being brought to the Board are contingent on extending the contract to January, 2015.  If the Board decides they don’t agree with that amendment, staff needs to pull the item and renegotiate the contract.

     Johnny Edwards, Solid Waste Manager, addressed the Board to state in the market survey, they found a variety of pricing; and some of the part-time prices are lower than what staff negotiated; and some of the prices that are based on per yard turned out to be substantially higher.  He said this contract was competitively bid in 2006 and what staff negotiated was a substantial savings to that contract.

     Commissioner Carey suggested continuing this item to the next meeting or 30 days to give staff the opportunity to talk to some of the people in the surrounding areas and find out exactly what they are getting and not leave it up to the contractor to explain it. 

     Commissioner Van Der Weide said he thinks they should go back out to the market, because he thinks they will get a better explanation of where they are as compared to other people.  He said it looks like the County is getting the wrong end of the bargain. 

     Upon inquiry by Commissioner McLean about the relationship with the contractor since 2006, Mr. Edwards said the contractor has had outstanding performance with the County.  Whereupon, Commissioner McLean said that’s something that needs to be considered in the mix.  Discussion ensued on continuing this item, how much time would be needed to go through the bid process, and how much time would be needed to go back and talk to some of the other counties. 

     Mr. Hooper said he could get more information for the Board by the next Board meeting.

     The Board’s consensus was for staff to come back with more information on Item #4 at the next BCC meeting.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and authorize the following:

County Manager’s Office

Business Office

 2.  Approve travel and mileage reimbursement to Commissioner Carlton Henley for miscellaneous travel during October, November and December in the amount of $136.65.  

Purchasing and Contracts

 3.  Award RFP-600768-09/TLR, as shown on page _______, Term Contract for Asbestos and Indoor Air Quality Consultant Services to GLE Associates, Inc., Orlando.

 4.  Continued to February 23, 2010, the request to approve Amendment #1 to RFP-600083-06/GMG - Term Contract for Clean and Vegetative Wood Waste Processing Services for Seminole County with Consolidated Resource Recovery, Inc., Sarasota.

 5.  Approve the negotiated rates and award PS-4388-09/VFT, as shown on page _______, Design of Minor Projects with Construction Costs less than $1,000,000.00 to HNTB Corporation of Lake Mary, Florida; Inwood Consulting Engineers, Inc. of Oviedo, Florida; Pegasus Engineering of Winter Springs, Florida; Professional Engineering Consultants, Inc. of Orlando, Florida; and Reynolds, Smith and Hills, Inc. of Orlando, Florida (Estimated Annual Usage Amount of $900,000.00).

 

Community Services

Community Assistance

 6.  Approve and authorize Community Assistance Division staff to submit the proposed Neighborhood Stabilization Program amendments to the U.S. Department of Housing and Urban Development (HUD) for approval.

 

Economic Development

Tourism Development

 7.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Senior Softball - USA for the 2010 Southeastern Regional Championship in the amount of $15,218.

 

Environmental Services

Planning, Engineering & Inspections

 8.  Approve and authorize the Chairman to execute Memorandum, as shown on page _______, of Understanding between Seminole County and the City of Oviedo, regarding unpaid monetary obligations.

 


 

Fiscal Services

Administration

 9.  Authorize the Tax Collector's Office to publish the 2009 Delinquent Tax Lists in the Sanford Herald newspaper at the quoted rates.  

Budget

10.  Pulled from the agenda the request to approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #10-37 through the Self Insurance Funds in the amount of $22,497,278 to provide funding for Health Insurance.

 

Planning and Development

Development Review

11.  Authorize the release of the Maintenance Agreement and Irrevocable Letter of Credit #2577-1101 in the amount of $19,979.70 for the C.A. Stone road improvements.

12.  Authorize the release of the Centre for Alternative Medicine Right-of-Way Utilization Permit Maintenance Bond #OFL0571165 in the amount of $2,762.20 for the Centre for Alternative Medicine road improvements.

13.  Approve and authorize the Chairman to execute the final plat for Burleson Acres located on the east side of Van Arsdale Street, north of Florida Ave. in Section 36, Township 20 S, Range 31 E.

14.  Approve and authorize the Chairman to execute the final plat for the Bella Tuscany Subdivision located on the north side of E.E. Williamson Road, approximately ˝ mile east of I-4 in Section 25, Township 20 and Range 29.

15.  Accept replacement Maintenance Agreement (Road Improvements) and Standby Letter of Credit #BB 10046/AR45, as shown on page _______, in the amount of $180,536.20 and authorize the Chairman to release the Maintenance Agreement (Road Improvements) and Standby Letter of Credit #31-99115/AR45 in the amount of $180,536.20 for the I-4 Industrial Park Sections 5 & 6 road improvements.

16.  Authorize the release of the Monroe Commerce Center Phase III Cash Maintenance Bond and Maintenance and Escrow Agreement in the amount of $1,086.80 for the Monroe Commerce Center Phase III road improvements.

 

Public Works

Engineering

17.  Adopt appropriate Resolution #2010-R-22, as shown on page _______, accepting a Drainage Easement and Temporary Construction Easement, as shown on page _______, (Emerson Investments International, Inc., to Seminole County) for property necessary to install drainage improvements to provide erosion control along the Little Wekiva River, Capital Improvement Project Number 00174503 (as amended).

18.  Adopt appropriate Resolution #2010-R-23, as shown on page _______, and authorize the Chairman to execute a County Deed, as shown on page _______, conveying property (Parcels 100 and 101.1R) necessary for the State Road 417 - International Parkway Ramp Project to the Florida Department of Transportation.

19.  Pulled from the agenda the request to approve and authorize the Chairman to execute a Mitigation Reservation and Purchase Agreement (MRPA) for purchase of wetland mitigation units by Seminole County in conjunction with the Chapman Road Improvement Project from Schrimsher, Inc., owner of the Lake Jesup Mitigation Area.

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

County Attorney’s Consent Agenda

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

Property Acquisition

20.  Brookmore Farms, Inc. has filed a business damage claim relating to Parcel Number 121 on the Chapman Road project.  The owner of Parcel Number 121 is Nutmeg Farms, Inc.  Brookmore Farms, Inc. operates a business on the site and has claimed $183,845.00 in business damages exclusive of statutory interest, attorney’s fees, and costs reimbursements.  Request authorization to make a counteroffer based on the report of the County’s business damage expert.

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

Constitutional Officers’ Consent Agenda

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

Clerk’s Office

21.  Approval of Expenditure Approval Lists, as shown on page _______, dated December 21 and 28, 2009, and January 4, 2010; and approval of Payroll Approval List, as shown on page _______, dated December 24, 2009.

 

Sheriff’s Office

22.  Approval of the appropriate Budget Amendment Resolution #2010-R-24, as shown on page _______, (BAR #10-40), recognizing $105,060 in additional FY 2009/10 Florida Division of Emergency Management - State Homeland Security Grant revenues and correspondingly increasing the Sheriff’s FY 2009/10 operating budget by an equivalent amount.

23.  Approval by the Board of County Commissioners to expend $1,000.00 from the Law Enforcement Trust Fund to provide for a contribution to support the 25th Annual National Conference on "Preventing Crime in the Black Community".

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

-------

 

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

 1.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Maitland-Bear Lake Plaza Properties, LLC.

 

 2.  Development Order, as shown on page _______, for Lizette V. & Jeffrey McDonald, 101 Havilland Point.

 

 3.  Amendment #1, as shown on page _______, to Work Order #4 for RFP-2574-07.

 

 4.  Second Amendment, as shown on page _______, to Term Contract IFB-3125-05, Philips Healthcare.

 

 5.  Amendment #1, as shown on page _______, to M-600550-09, Insource Software Solutions, Inc.

 

 6.  Term Contract IFB-600736-09, as shown on page _______, HD Supply Waterworks, Ltd.

 

 7.  Closeout, as shown on page _______, of Work Order #29 for CC-1075-06.

 

 8.  Change Order #2, as shown on page _______, to Work Order #9 for CC-2184-07.

 

 9.  Closeout, as shown on page _______, of CC-2098-07.

 

10.  Amendment #3, as shown on page _______, to Project Agreement 69-4209-9-1722, Howell Creek Water Control Project.

 

11.  Certificates, as shown on page _______, of No Recall for the Sanford Orlando Kennel Club, LLC, and Penn Sanford, LLC.

 

12.  Change Order #13, as shown on page _______, to RFP-0613-06.

 

13.  Work Orders #30 and #31, as shown on page _______, to CC-1284-06.

 

14.  Amendments #1, as shown on page _______, to Work Orders #74 and #75 for PS-5120-02.

 

15.  Second Amendment, as shown on page _______, to M-4519-09, R. W. Block Consulting, Inc.

 

16.  Fourth Amendment, as shown on page _______, to RFP-4258-05, The Grove Counseling Center, Inc.

 

17.  Amendment #1, as shown on page _______, to Work Order #1 for PS-4572-09.

 

18.  Corrected Developer’s Commitment Agreement, as shown on page _______, for Cameron Heights PUD, as approved on Oct. 11, 2005.

19.  Amendment #5, as shown on page _______, to Lease/Purchase Agreement for RFP-600244-07, ESQ IT Solutions.

 

20.  Change Order #1, as shown on page _______, to CC-4399-09.

 

21.  Certificate, as shown on page _______, of No Recall for Florida Jai-Alai, Inc.

 

22.  Work Order #28, as shown on page _______, for CC-1284-06.

 

23.  Work Order #58, as shown on page _______, to PS-1529-06.

 

24.  Work Order #5, as shown on page _______, to PS-2051-07.

 

25.  Amendment #1, as shown on page _______, to Work Order #1 for PS-2825-07.

 

26.  Letter to Sandy McCann, Clerk’s Office, from Attorney Mary Solik regarding Public Records Request.

 

27.  Change Order #9, as shown on page _______, to CC-2702-07.

 

28.  Change Order #1, as shown on page _______, to CC-4328-09.

 

29.  Amendment #1, as shown on page _______, to Work Order #88 for PS-5150-03.

 

30.  Certificates, as shown on page _______, of Final Completion for Work Orders #11, #12, #13 and #14 to RFP-4277-09, Clarkson Concepts, Inc.

 

31.  Amendment #1, as shown on page _______, to Work Order #29 for PS-1529-06.

 

32.  Certificates, as shown on page _______, of Completion for Work Orders #6, #9 and #12 to RFP-4277-09, Clarkson Concepts, Inc.

 

33.  Parks Contract, as shown on page _______, for Services with Amy Raub.

 

34.  Assistant and Associate Tennis Pro Agreement, as shown on page _______, with Robert Pierce.

 

35.  Change Order #2, as shown on page _______, to CC-4238-09.

 

36.  Work Order #44, as shown on page _______, to PS-5174-04.

 

37.  Change Order #7, as shown on page _______, to CC-1184-06.

 

38.  Closeout for Work Order #32, as shown on page _______, to CC-1075-06.

 

39.  Recorded BOA Development Orders, as shown on page _______, as follows:  Jorge A. Oliveira variance; David & Nouridjan Kiswani Life Est. variances; Jerald L. & Susan Baughman variance; Ann Dennis variance; Thomas & Milagros Dewitt variance; John F. & Patricia Baumgardner variance; Dwayne J. & Christy A. Caldwell variance; San Sebastian Estate Homes variance; Tom Rogers building permit; Adam & Jennifer Landa special exception; MSKP Springs Plaza special exception; John & Gail Kalepp variance; Jeff Brantley variance; NRRN Holdings LLC variance; Marwan Sayyed & Sawsan Alhatoo variance; and Betty J. Williams Heirs & Phyllis E. Taylor et. al. variances.

 

40.  Amendment #1, as shown on page _______, to Work Order #1 to RFP-4532-09.

 

41.  Amendment #2, as shown on page _______, to Work Order #5 to PS-1742-07.

 

42.  Amendment #2, as shown on page _______, to Work Order #32 to PS-1501-06.

 

43.  Work Order #15, as shown on page _______, to CC-2184-07.

 

44.  Closeout, as shown on page _______, for Work Order #36 to CC-1075-06.

 

45.  Change Order #3, as shown on page _______, to CC-4192-09.

 

46.  Amendment #1, as shown on page _______, to Work Order #93 for PS-5150-03.

 

47.  Work Order #79, as shown on page _______, to CC-1220-03.

 

48.  Amendment #1, as shown on page _______, to Work Order #43 for PS-5174-04.

 

49.  Work Order #6, as shown on page _______, to M-5004-09.

 

50.  Second Amendment, as shown on page _______, to PS-5174-04, Connect Consulting, Inc.

 

51.  Work Order #43, as shown on page _______, to CC-1075-06.

 

52.  Change Order #2, as shown on page _______, to Work Order #38 for CC-1075-06.

 

53.  Development Order, as shown on page _______, for Michael D. & Carol A. Leavitt, 182 Shadowbay Blvd. S.

 

54.  Bids as follows:  RFQ-600790-09, IFB-600769-09, and RFP-600812-09.

Regular Agenda

     Jeff Hopper, Planner, addressed the Board to present the request for approval of the Joint Planning Agreement with the City of Sanford for intergovernmental processes for future land use and miscellaneous land development regulations that affect both parties.  He advised that this version of the agreement updates information from the City and County on zoning and future land use classifications; and staff has added references to SeminoleWay and identified light industry as an acceptable use in areas targeted by SeminoleWay.  Staff has also deleted the Celery Avenue Corridor Overlay from the agreement that retained the density requirement that properties east of the western boundary of the Agricultural Experiment Station be limited to one unit per acre.  At this point, staff believes they have addressed the Board’s major concerns and staff is recommending approval of the Joint Planning Agreement.

     Upon inquiry by Commissioner McLean, Mr. Hopper pointed out the references to SeminoleWay in the agreement.

     Commissioner Carey stated this has been a long time coming and she is glad they have been able to finally come to a conclusion.  She said having this agreement will not only help on the east side of the County, but also on the west side with I-4 being the dividing line.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the Joint Planning Agreement with the City of Sanford, and authorize the Chairman to execute the document, as shown on page _______.

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

Fred Coulter, Fiscal Services, addressed the Board to present request to approve and authorize the Chairman to execute the Capital Improvement Project Budget Proposal Resolution for Fiscal Years 2009/10 through and including 2013/14.  He stated this is the annual presentation of the Capital Improvement Program.  He gave a PowerPoint (copy received and filed) presentation covering the following topics:  Resolution (enacted); Five Year CIP:  by Year (totaling $364 million for five years); Five Year CIP:  by Element; CIP Use by Element; Five Year CIP:  by Department; Additional Reports (on proposed projects and unfunded projects); and Project Detail Information, Project Status.

Chairman Dallari asked how long does it take customarily to close out a project.  Mr. Coulter stated he could not answer that because staff has not been measuring that in the past.  He said it varies by the nature of the contract. 

Mr. Hooper stated the contract closeout is a long, administrative process where staff requests all the release of liens and the final closeout before they release the retainage.  A typical time period can be as little as two to three months or as long as six to nine months after final completion of the construction project.

Commissioner Carey said staff needs to close out the projects as soon as they can because carrying them forward is not doing any good for anybody, and it gives the Board a false indication of what’s going on.

Mr. Coulter continued with the presentation on the Project Detail Information, Project Funding; and Five Year CIP Book (available for download for the general public).

Commissioner Carey asked to review the entire list of projects (page 59 of the CIP Book).

Commissioner Henley reviewed the unfunded projects.

Mr. Coulter advised that most of the proposed projects do not have funding.  He explained even if the CIP is approved, the projects are subject to change as the Board adopts the budget.  He reviewed the funded projects that are in the program for next year.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the Capital Improvement Project Budget Proposal Resolution #2010-R-25, as shown on page _______, for Fiscal Years 2009/10 through and including 2013/14.

Districts 1, 2, 3, 4 and 5 voted AYE.

-------

Kathy Moore, MSBU, addressed the Board to request responses to the Apple Valley Application for Exception Review to revise the language in the Administrative Code Section 22.10 to exclude from the fence to wall restriction certain subdivisions (such as Apple Valley) that were developed prior to current Land Development Code standards; and to waive the fence to wall restrictions for the project proposed by Apple Valley.  She said based on the current Land Development Code, Apple Valley would not be required to replace their fence with a wall structure, as a fence is considered sufficient.  If a subdivision were to be developed today, a fence structure would be sufficient to meet the Land Development Code.  The current Administrative Code criteria for wall projects are consistent with the Florida Statutes that address non-ad valorem assessment funding.  The criteria places emphasis on public purpose and essential improvements, such as those required by the Land Development Code or order.  Based on these factors, the MSBU staff recommends the Board maintains the current language in the Administrative Code and, therefore, continues to give consideration for projects that fail to meet the criteria on a case-by-case basis.  Staff also recommends denial of the exception request based on the merits for including the language in the Administrative Code and for consideration that the fence is sufficient to meet the current Land Development Code.

     Commissioner Van Der Weide stated this is probably the strangest request he has had on the Board when it comes to a MSBU.  He said this is just a request to allow the Apple Valley residents apply for a variance of the Board policies.  He asked if staff knows that the residents are willing to pay for this.

     Ms. Moore said at this point, staff does not know what the true support would be in the community for establishing a MSBU.  She said that petition process would come after an application is accepted.  At this time, the MSBU Program is not able to accept an application because the proposed project does not meet the criteria of the Administrative Code. 

     Mr. McMillan explained the Board is being asked today to grant Apple Valley residents the authority to go ahead and go through the process, because under the policy now, the program does not allow someone to petition for this kind of improvement.  Then the process would start just like it was an approved project.

     Commissioner Carey said she thinks they are opening a whole can of worms; and they had a lengthy discussion about it when the Board added walls in the MSBU Program.  She said she counted some of the subdivisions that could qualify if they start this procedure, and the County does not have enough money to front-end the subdivisions that could ask for this.  She said she is reluctant to support it.  If they allow it for one, how will they deny it for other subdivisions.

     Commissioner Henley said, at the same time, it is very difficult to tell citizens they can’t improve their property because they built at a certain date.  They have encouraged developers to go away from wire and wooden fences to something more substantial.  He said the issue that concerns him more is whether the community can fund it, and they don’t know at this point what they are talking about dollar-wise.  He said if the citizens can give the Board enforceable assurance that they will provide the funds, then he thinks they need to give this consideration.  He said maybe its time for the Board to rethink the rule that does not allow the walls to be replaced.

     Commissioner McLean said he agrees with the statement by Commissioner Henley that if it can be shown that the residents are able to finance the wall, and the County has definitive paperwork that commits them to that, this should be considered. 

     Commissioner Carey stated she is not interested in amending the Administrative Code as that just opens the door.

     Chairman Dallari stated he thinks a waiver is adequate at this point. 

     District Commissioner Van Der Weide stated he is only addressing the waiver to petition.

     Commissioner Henley asked the County Attorney’s Office to think of what mechanism they could come up with that the residents would have to commit to that would be enforceable.

     Mr. McMillan said there is no question about enforceability, because what the Board intends to do is create a MSBU and the assessments will become part of the non-ad valorem assessment roll, and the residents will be assessed and pay it. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to grant the requested waiver of the fence to wall restrictions for the project proposed by Apple Valley.

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

The Board considered the request to reduce the Code Enforcement Board lien which totals $55,000.00 to the administrative costs of $1,351.90 for Case #08-75-CEB on the property located at 3131 South Windchime Circle, Apopka, and require this reduced amount to be paid within 90 days or the lien will revert to its original amount of $55,000; George A. and Lisa J. Norbert.

District Commissioner Van Der Weide stated this is a sad case, and he recommended the entire lien amount, including administrative costs, be waived.

Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to waive the Code Enforcement Board lien which totals $55,000.00 for Case #08-75-CEB on the property located at 3131 South Windchime Circle, Apopka, and to authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______; George A. and Lisa J. Norberg.

Districts 1, 2, 3, 4 and 5 voted AYE.

County Manager’s Briefing

 

     The Board noted the Budget Amendment Status Report FY 2009/10 for the period ending December 31, 2009.

     Chairman Dallari stated at the January 19 Work Session, the Board talked about providing funds for the financial consultant and that was supposed to be brought back to the Board.  He is now seeing that expense on this status report. 

     Lisa Spriggs, Fiscal Services Director, addressed the Board to advise the transfer indicated in the BCC agenda packet in November is not the same consultant spoke of at the January 19 Work Session meeting.  She said this relates to Public Works and a vacant position they had in the Business Office.  She advised that position is now filled.

     Mr. Forte explained that this is the Public Works Business Office Manager position.  There had been two vacant positions, one was eliminated and one was filled.  He advised Commissioner Henley that neither one is a new position.

     Chairman Dallari said his position is that if a new position is being created, he would like to know about it.

     Gary Johnson, Public Works Director, addressed the Board to state the position eliminated was a Division Manager.

-------

     Mr. Johnson gave a brief update on the Wekiva Parkway Agreement.  Commissioner Carey said she thinks the Board is waiting to see the strike/add version of this agreement.  Mr. Johnson said that version will be prepared by the end of the week.

-------

     Mr. Forte gave an update on Work Order #20 (CHM2 Hill Contract), stating staff is still working with the consultant on this work order and they should have a positive response for the Board at the next meeting.

-------

     Mr. Forte stated the bond presentation is next week in New York for the bond ratings and he presented a request for the Program Manager to attend that bond presentation.  He said staff did not have a vehicle for him to attend the meeting.  They have received a work order for him to do that in the amount of $8,020.90 for the Program Manager to go to New York. 

     Upon inquiry by Commissioner Henley, Mr. Forte said this is for two days and the Work Order amount includes 16 hours of preparation time and 16 hours of presentation time for the Program Manager.

     Commissioner Carey said she thinks it is important that the Program Manager attend. 

Mr. Forte advised that this is a not-to-exceed limitation of funds, and has been negotiated with the Purchasing and Contracts Manager.  He further advised Commissioner Henley that the $8,000 includes airfare, mileage transportation services, lodging and meals.

     Mr. Hooper said the expenses are in accordance with the contract language, and he reviewed that. 

Mr. Forte advised those proposed to go to New York are:  the Chairman, Vice Chairman, Director of Environmental Services, Business Office Manager, Director of Fiscal Services, and the Program Manager.

     Motion by Commissioner Carey to approve the Work Order request by the Program Manager (CH2M Hill) to travel to New York for the bond presentation in the amount of $8,020.90. 

Chairman Dallari called for a second to the motion three times, without response, whereupon the motion died for the lack of same.

     Clerk, Maryanne Morse, stated this is a bond rating and is entirely different from negotiating for a bond issue.  She said what Moody and S&P (Standard & Poor) are basically looking for is the financial stability of the County and not necessarily how they are going to utilize the money.  At the bond rating, they care about whether or not the County has the financial wherewithal to pay those bonds back and to pay the bondholders the interest that’s due.

     Commissioner Carey said the way the County is going to pay that back is by putting this program in place and generating the rates.  What she understands from the financial consultants and staff who have done this before is that this Capital Improvement Program is an important part of the discussion they are having.  If they don’t need to do the program, they don’t need to get the money and don’t need to have the rating.  To her, it’s more important to have the person that really understands the program talking to the people who will rank the County.  She said the companies have asked for all this information in advance, so it’s not that they’re not interested in it. 

     Ms. Morse said this could also be done via the telephone.  The individual does not have to physically spend the money to go to New York to do it.  She said she is not saying the Commission should not go.

     Chairman Dallari said he understands from his preparation time that there would be a substantial amount of questions from the rating agencies to anyone at the meeting; and once that meeting is over, they will make the decision.  They want to understand the financial stability of the County, as well as the program and why the money is actually needed; and how the money is going to be spent.  He thinks that’s the reason why staff felt someone from CH2M Hill program management group should attend who has in-depth knowledge of the actual program.

     Commissioner Henley said when he represented the County in a bond rating, they did not take a program manager and didn’t have one in place.  All the questions that came to them could have been answered by Bob Briggs.  That’s his reason for asking who is going to the bond rating.  He also said the whole issue the agencies are concerned about is whether the County can pay for the bonds and interest and not necessarily how they are spending the money.

-------

     Mr. Forte distributed copies (received and filed) of the Resolution and amendment to the Administrative Code reflecting changes in the County’s organizational chart presented to the Board about three weeks ago.  He asked for Board action.

     Upon inquiry by Commissioner Carey, Mr. Forte advised that Tourism will be under Leisure Services.  Commissioner Carey pointed out that there are a couple of departments you would not know where they lie from just reading the information.  Whereupon, Chairman Dallari asked Mr. McMillan to be more specific with the wording and identify the Building Division in the Code. 

Upon further inquiry, Mr. McMillan advised Commissioner Carey of clean-up areas in the language made in the Code.  He explained that it’s in the Charter that the County Manager reports on the State of the County, and this annual report to the Board has traditionally been considered his budget message.  What the Chairman does is something different.  Mr. McMillan also explained that Mr. Forte does not want it automatic that the Assistant County Manager acts as the County Manager and that’s why Item (5) on page 2.5–3 is stricken from the Code. 

     Mr. McMillan advised of one other change made on page 1.5-2 under Community Services to strike “adult pre-trial diversion” as that function has shifted with Probation to the Public Safety Department.

     Motion by Commissioner Carey, seconded by Commissioner McLean, to adopt appropriate Resolution #2010-R-26, as shown on page _______, amending the Seminole County Administrative Code, Sections 1.5, 2.5 and 2.10, and as further amended today to include the names Tourism under Leisure Services, Building to the Growth Management section, and striking “adult pre-trail diversion” from the Community Services section.

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

     Mr. Forte advised he will be taking two days of PTO on February 4 and 5, 2010, to go out of state.  He has asked Tad Stone to serve as Acting County Manager in his absence.

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey stated she attended the Wekiva River Basin Commission meeting yesterday and part of the discussion was an update from the DOT, who is doing a study on the Wekiva Parkway Trail feasibility.  One of the things they are looking at now is where the County trail runs along Markham Road and stops at the sharp turn, and then goes all the way down to the Wekiva.  She explained that she and the Lake County Commissioner want DOT to look at putting a pedestrian crossing across the river like the County has across the Econ.  She showed pictures (copies received and filed) of the bridge that crosses the Econ as part of the trail system.  She said there is a meeting today of the Trail Committee and Brian Nipe, the County’s representative, is under the impression that the BCC would not consider looking at this and has been going along with the idea that the Committee will try to cram the trail into the driveways along the roadway on Markham Road and then run it along the Expressway.  Commissioner Carey stated Noranne Downs, DOT, said she would be happy to look at this if the BCC is interested in looking at it. 

     Commissioner Henley asked what the position is of the St. Johns River Water Management District.  He said he understood that the District bought up all that land on the other side of the river.  Commissioner Carey said Mr. Kirby Green was at the meeting and he was not opposed to having DOT look at this as part of the study.  She stated DOT is funding the study, and this is just an alternative they want them to look at so they can have the facts and figures to make an informed decision. 

     Chairman Dallari said he is not opposed to looking at it, but he is concerned about the actual cost and the feasibility.

     Commissioner Carey clarified that, if there are no objections, she is just asking DOT to look at this as part of the study to know what the cost or impact would be, and if everybody is happy with it.  The Board voiced no objections.

-------

     Commissioner Henley showed a copy of a manual (copy not received and filed) and said he thought all the Commissioners had received one.  He asked them to read it, which gives an expose on the United Nations Agenda 21.  He said it’s quite frightening, and he wants the Board to be aware of this agenda.  

-------

     Chairman Dallari recessed the meeting at 10:54 a.m., reconvening at 1:33 p.m., this same date with all Commissioners and all other Officials, with the exception of Clerk of Circuit Court Maryanne Morse (absent), and Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

PROOFS OF PUBLICATION

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

     Districts 1, 2, 3, 4 and 5 voted AYE. 

PUBLIC HEARINGS

UTILITY EASEMENT FOR FPL SUBSTATION

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider granting a Utility Easement Agreement and associated Conceptual Site Plan for a Florida Power and Light electrical substation to be located at the Yankee Lake Water Treatment Facility, on approximately 5.02 acres, Seminole County & Florida Power & Light, received and filed. 

     ACM Joe Forte advised this item needs to be rescheduled for the second meeting in February. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to continue until February 23, 2010, consideration of a Utility Easement Agreement and associated Conceptual Site Plan for a Florida Power and Light electrical substation to be located at the Yankee Lake Water Treatment Facility, on approximately 5.02 acres, as described in the proof of publication, Seminole County & Florida Power & Light. 

     No one spoke in support or opposition to the continuance. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 


 

LOMA VISTA PUD MAJOR AMENDMENT,

MARK CLAYTON

 

     Proof of publication, as shown on page _______, calling for a public hearing consider a PUD Major Amendment to the Loma Vista PUD and Addendum #1 to the Loma Vista PUD Developer’s Commitment Agreement, for property containing 56.86 acres, located west of the intersection of SR 426 and Via Loma Drive, Mark Clayton, received and filed. 

     Planner, Ian Sikonia, addressed the Board to present the request, advising the PUD was originally approved in 1999 as a multi-use commercial, industrial and multi-family development.  A majority of the tracts have been developed with the exception of Tract D due to the location of a wetland area.  He stated the applicant is proposing an additional access point for Tract D.  The current access road located on Via Loma Drive is not suitable to access Tract D-1.  There is an existing wetland located within Tract D-1 which does not make it feasible to allow access to the lot.  The developer received a letter from the adjoining property owner in agreement to the cross access with his parcel.  He further stated that the proposed cross access point would allow for the construction of a building with more suitable access than what was originally approved for the tract.  Staff feels that the proposed access will decrease the footprint of the development and not cause a hardship to the adjoining property owner or surrounding neighborhood.  He added the P&Z Commission unanimously recommended approval and the staff also recommends approval. 

     The applicant indicated that he did not wish to speak. 

     No one spoke in support or in opposition. 

     District Commissioner Dallari recommended approval. 

     Motion by Commissioner Carey, seconded by Commissioner Henley to approve the PUD Major Amendment to the Loma Vista PUD and Addendum #1, as shown on page _______, to the Loma Vista PUD Developer’s Commitment Agreement, for property containing 56.86 acres, located west of the intersection of SR 426 and Via Loma Drive, as described in the proof of publication; and authorize the Chairman to execute the aforementioned documents, based on staff findings, Mark Clayton. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

LEGISLATIVE UPDATE

     Assistant County Manager, Sabrina O’Bryan, addressed the Board to give an update on legislative issues, stating on January 12, 2010, there was Board discussion with regard to Federal legislative priorities for funding requests.  Since that time, staff has provided additional information to the Commissioners’ offices with regard to the conversion of the analog to digital project, showing the funding source for this would be the Department of Justice (COPS account).  She stated that the overall project cost is $35 million. 

     The Board voiced no objections to directing the Federal Lobbyist to make the funding request for same.  Ms. O’Bryan advised the letter presented at the January 12th meeting will be amended to include this request. 

     Commissioner Carey requested a copy of the letter after it is signed by the Chairman. 

     Ms. O’Bryan stated that all the priorities presented to the Board on January 12th are still applicable, with the exception of the Airport item.  She distributed an information sheet (copy received & filed) on the top Federal legislative issues that need to be monitored. 

     Commissioner Carey advised of a discussion that occurred yesterday at the Wekiva River Basin Commission meeting with regard to water quality and EPA mandates.  She said they may need the Federal Lobbyist to educate EPA on issues specific to the State of Florida.  Ms. O’Bryan stated she will obtain the information from Commissioner Carey’s office and proceed with same. 

CHAIRMAN’S REPORT

     Chairman Dallari distributed a draft of a letter (not received & filed) to be sent to Senator Nelson and Representative Suzanne Kosmas in support of RINI Technologies.  He said this company does a lot of government contracts and is a company that came out of the UCF Incubator. 

     The Board voiced no objections to the Chairman sending the letter. 

-------

     The Chairman reminded the Board of their Work Session with the School Board scheduled today at 3:00 p.m. following the afternoon BCC meeting. 

DISTRICT COMMISSIONERS’ REPORTS, Cont.

     Commissioner Dallari requested adoption of a resolution of appreciation for Bill Fahey. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2010-R-27, as shown on page _______, commending Bill Fahey for his service on the Code Enforcement Board. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

-------

     Commissioner Dallari expressed appreciation to County Engineer, Jerry McCollum, and his staff for attending the CR 419 Preliminary Engineering Study meeting held on January 14, 2010. 

-------

     Upon inquiry by Commissioner Dallari, ACM Joe Forte advised staff will be making an impact fee presentation to the Board at the February 9 Work Session. 

-------

     Commissioner McLean briefly updated the Board on the meeting he attended of the Florida For Smart Growth group. 

-------

     Commissioner McLean commented that the recent Scottish Highland Games was very well attended. 

-------

     Commissioner McLean stated he attended some of the events held on Dr. Martin Luther King Day. 

-------

     Commissioner McLean advised this month will be the first that he will be representing the East Central Florida Regional Planning Council and said they will be removing all reference to Amendment 4 (Hometown Democracy). 

-------

     Commissioner McLean said he attended the grand opening of the Westin Hotel in Lake Mary.  He said he and Commissioner Henley also attended the Water Subcommittee meeting held by the Congress of Regional Leaders. 

-------

     Commissioner McLean briefly updated the Board on the State of County attendance by cities and elected officials.  He also updated the Board on the Senator Constantine Roast to be held this Thursday at the Altamonte Hilton. 

-------

     Commissioner McLean advised he will be going on a humanitarian trip to Haiti on February 19th in order to take supplies and help in reconstruction efforts.  He suggested that he could take a resolution of support.  

-------

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to reappoint Jay Ammon to the Code Enforcement Board for a term of 3 years, ending January 1, 2013. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

-------

     Commissioner Henley reported on the Congress of Regional Leaders discussion held yesterday with regard to water.  He said the meeting was well-attended and it was reiterated that their goal was to create a regional water strategy.  The second goal was to use no money in litigating over water.  He further said that he did not agree to the second goal because sometimes litigation is necessary in order to protect the citizens of Seminole County.  He reviewed the timeline presented (copy of information was received & filed) and stated this is something that is going to have to be taken seriously.  He added that they acknowledged Seminole County is several years ahead of everyone else; and he believes this is something that needs to be watched with regard to the money, because Seminole County citizens have already invested a lot of money in the Yankee Lake facility. 

-------

     Commissioner Carey advised she was a guest on the Roger Franklin Williams Radio Show on January 13, which was hosted by Commissioner Fred Brummer.  She said she spoke on the septic tank issue.  

-------

     Commissioner Carey distributed a copy of Resolution #01-2010 (copy received & filed) for consideration by the East Central Florida Regional Planning Council, which opposes Amendment 4.  She said she also received a copy of the East Central Florida 2060 Plan and she has given the CD of same to Planning Manager, Alison Stettner, for her and her staff to review. 

-------

     Commissioner Carey advised she attended the grand opening celebration of the new Westin Hotel in Lake Mary.  She said they will be supporting the Boys & Girls Club and, in fact, presented a check to them on that day. 

-------

     Commissioner Carey said she will brief Assistant County Manager, Sabrina O’Bryan on the Wekiva River Basin Commission Meeting she attended yesterday. 

-------

     Commissioner Carey advised that there will be a prayer vigil for the victims and families of those affected by the tragedy in Haiti at Crane’s Roost at 6:00 p.m. tomorrow evening. 

-------

     Commissioner Carey stated on January 29, she will be representing the Chairman and giving opening comments at the Vision IV Conference to be held at the Central Florida Zoo.  She added that Envision Seminole will be setting community priorities at this conference. 

-------

     Commissioner Henley said that it appears the County is receiving a lot of research requests from the media.  He said this is time-consuming and questioned when the last time the Board made any changes to the fee structure for same. 

     ACM Forte advised the County does not charge the media.  He said recently staff instructed a reporter on how to do his own research and it seemed to work better. 

     Commissioner Van Der Weide agreed with Commissioner Henley that staff’s time needs to be monitored. 

     Mr. Forte advised he will work with the County Attorney to see what the County is legally obligated to charge.  

-------

     Motion by Commissioner McLean, seconded by Commissioner Carey to reappoint Deana Schott to the Contractor Examiner Board for a one-year term, ending January 1, 2011. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter (w/attachment) dated December 17, 2009, to Jane Peterson, Seminole County Library Services, from Chip Weston, United Arts of Central Florida, re: Seminole County and United Arts of Central Florida Quarterly Report: October 1 – December 31, 2009.

 

2.    Letter (w/attachment) dated January 8, 2010, from Sean Snaith, University of Central Florida, to Chairman Dallari re: December 2009 Florida and Metro Forecast published by the University of Central Florida’s Institute for Economic Competitiveness.

 

3.    Copies of letters dated January 12, 2010 to various organizations re: Liaison Appointments made by the Board of County Commissioners at their January 12, 2010 meeting.

 

4.    Letter dated January 13, 2010, from D. Ray Eubanks, Department of Community Affairs, to Chairman Dallari re: notification of receipt of copy of the County’s Small Scale Development Plan Amendment adopted by Ordinance No. 2009-34.  (cc: BCC, County Manager, Planning and Development)

 

5.    Letter dated January 13, 2010, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: Notice of Application for State-Issued Certificate to Provide Cable Television Services.

 

6.    Letter dated January 15, 2010 from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: 10% decline in taxable value for the 2010 Seminole County/Municipal Fire District. 

 

7.    Letter dated January 15, 2010 from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: 10% decline in taxable value for the 2010 Seminole County Board of County Commissioners.

 

8.    Letter dated January 15, 2010 from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: 10% decline in taxable value for the 2010 Seminole County Unincorporated Road Improvement District.

 

9.    Letter dated January 15, 2010 from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: 10% decline in taxable value for the 2010 Seminole County Unincorporated Stormwater Management District.

 

10.    Copy of letter dated January 18, 2010, from Aaron Borgner, Progress Energy, to Joe Forte, Acting County Manager, re: Pruning and removal of trees in right-of-way. 

 

11.    Letter (w/attachment) dated January 12, 2010, from Michael Towers, Habitat for Humanity, to Chairman Dallari re: reduction of impact fees.  (cc: County Manager, Planning and Development)

 

12.    Copy of letter dated January 20, 2010, from Tonya Guadalupe and Richard Lee, St. Johns River Water Management District, to Mr. James Smith, PBS&J, re: Jetta Point Park Application No. 40-117-119848-1. (cc: BCC, County Manager)

 

13.    Copy of letter dated January 20, 2010, from Rod Pakzadian, St. Johns River Water Management District, to Mr. Scott Seck, Horizon Engineering Group, re: Engineering As-Built Certification, Seminole County Fire Station No. 27. (cc: BCC, County Manager, Public Safety)

 

14.    Notice (w/attachment) dated January 22, 1010, from City of Casselberry re: Owner Notification and Verification Request for Future Land Use Map Amendment.  (cc: BCC, County Manager, Planning and Development)

 

15.    Notice dated January 22, 2010, from St. Johns River Water Management District re: Public Hearing to be held on Tuesday, February 9, 2010, re: Approval of the District’s Florida Forever Work Plan Annual Update as part of the District’s Consolidated Plan. (cc: BCC, County Manager, Planning and Development)

 

ITEMS FOR FUTURE AGENDA/PUBLIC COMMENT

     John Casselberry addressed the Board to state that with everyone concerned about property values, it occurred to him that there is no local government authority for mortgage companies to collect taxes in escrow.  He believes this is a forced saving plan and what would happen if the mortgage company disappeared before paying the taxes.  He stated that the Clerk’s Office is seeing 50 foreclosures a day coming in and he feels the mortgage companies may be using the escrow to initiate foreclosure proceedings.  He suggested the Board adopt an ordinance dealing with this problem. 

     County Attorney Robert McMillan advised the mortgage companies are not collecting taxes; the County’s Tax Collector is collecting taxes.  He further advised the escrow payment is a contractual arrangement between the mortgage company and the mortgagee and the County is not involved with it.  He stated County taxes are the first liened in any foreclosure action as they are paid prior to the mortgage company getting paid. 

     Commissioner Carey explained that the Federal government mandated the collection of taxes and insurance in the 1970’s and local government has nothing to do with it.  She added that there are many restrictions on what can and cannot be done with the escrow account. 

-------

     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:21 p.m., this same date. 

 

 

 

ATTEST:_____________________Clerk____________________Chairman

cc/slm