BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 13, 2009
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, October 13, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Bob Dallari (District 1)
Vice Chairman Mike McLean (District 2)
Commissioner Dick Van Der Weide (District
3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Circuit Court Maryanne Morse
(late)
County Manager Cindy Coto
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Commissioner
Van Der Weide gave the Invocation.
Commissioner
McLean led the Pledge of Allegiance.
Maryanne
Morse, Clerk of Circuit Court, entered the meeting at this time.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Carey,
seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-190, as
shown on page ________, proclaiming the month of October as Domestic Violence
Awareness Month, urging our citizens to recognize and support efforts to bring
an end to this insidious problem within our community.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Board
presented the Resolution to Jeannie Gold, SafeHouse of Seminole Executive
Director, who addressed the Board to express her appreciation. She presented each Board member with a purple
light bulb (received and filed) to shine in their window at night to end
domestic violence.
Upon
inquiry by Commissioner Carey, Ms. Gold informed the Board where citizens can
obtain a purple light bulb.
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Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt appropriate Resolution
#2009-R-189, as shown on page ________, supporting High Speed Rail for Florida.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Henley stated this resolution will be presented to the appropriate people at a
later date.
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Andrew Van
Gaale, Administrator, Seminole County Port Authority, addressed the Board to
present a check in the amount of $600,000.
He stated he would like to thank Commissioner Van Der Weide for his
support and leadership to the Port Authority.
COUNTY
MANAGER’S CONSENT AGENDA
Cindy
Coto, County Manager, addressed the Board to inform the Board of two changes to
the Consent Agenda. She stated staff is
pulling Item #6, Award CC-4623-09, and they will be bringing it back at the
October 27, 2009 meeting. She advised they
will be bringing the work order for engineer of record for that particular
project at that time as well. She said the
Board received a replacement agreement for Item #13, Approve Second Renewal and
First Amendment to Oak Groves Shoppes Lease Agreement.
Commissioner
Henley expressed concerns he shared with staff and the County Manager yesterday
relating to Item #9, Approve M-5004-09.
He stated the concern he has is they are making an appropriate change that
was recommended by the individual who did the audit of CH2M Hill, as it relates
to work orders being more specific as to what the expectations were. He added he would like to see some of those
suggestions incorporated into the policy.
He said he would like to engage them to help rewrite the purchasing and
work orders information to make it clearer, and hopefully that would resolve some
of the problems.
Ms. Coto
stated staff is in the process of looking at the audit that was done by Mr.
Block. She stated staff has a list of
responses that will be sent to Mr. Block.
Once the audit is completed, staff will be bringing back a
recommendation that Mr. Block be retained to implement many of the points he
discussed in his audit.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to authorize and approve the following:
County Manager’s Office
4. Approval by the Board of County Commissioners to reimburse mileage
expenses in the amount of $162.09 for Commissioner Carlton Henley.
5. Approve and authorize Chairman to execute the following five (5)
Civil Traffic Hearing Officer Service Agreements, as shown on page ________,
for 2009/10: Charles J. Cino;
Christopher H. Morrison; John A. Pascucci; Joseph C. Perzan; and Ava Tunstall.
Administrative Services
Purchasing
and Contracts
6. Pulled from the agenda
request to Award CC-4623-09/DRR Seminole County Regional Water Treatment
Facility at Yankee Lake in the amount of $40,822,000.00 to Encore Construction
Company of Winter Garden, Florida.
7. Award CC-4864-09/JVP, as shown on page ________, Lake Mary
Boulevard Pavement Rehabilitation Project in the amount of $765,769.11 to The
Middlesex Corporation of Littleton, Massachusetts.
8. Award CC-4923-09/JVP, as shown on page ________, American Recovery
Reinvestment Act of 2009 - CR-46A (W. 25th St.) Pavement Rehabilitation Project
in the amount of $1,264,000.00 to Middlesex Corporation, Littleton,
Massachusetts.
9. Approve M-5004-09/BLH, as shown on page ________, Construction
Management Services for Facilities Projects with ZHA, Inc., Orlando, Florida
(Estimated Annual Usage of $275,000.00).
10. Approve ranking and authorize staff to negotiate rates for
PS-4388-09/VFT – Design of Minor Projects with Construction Costs Less Than $1
Million with Inwood Consulting Engineers, Inc. of Oviedo, Florida; HNTB
Corporation of Lake Mary, Florida; Pegasus Engineering of Winter Springs,
Florida; Reynolds, Smith and Hills, Inc. of Orlando, Florida; and Professional
Engineering Consultants, Inc. of Orlando, Florida (Estimated Annual Usage
Amount of $900,000.00).
11. Approve Termination for Convenience of RFP-600466-08/BJC, as shown
on page ________, with JPI Mechanical Services, Inc. of Casselberry, FL and
authorize staff to issue final Notice of Termination.
12. Waive the Procurement Process and award the Computer Aided Dispatch
System in the amount of $372,453.56 to Positron Public Safety, Atlanta, GA.
Support
Services
13. Approve and authorize the Chairman to execute the Second Renewal
and First Amendment, as shown on page ________, to Lease Agreement for Oak
Groves Shoppes with MSKP Oak Groves, LLC.
Community Services
Administration
14. Approve and authorize the Chairman to execute a Contract, as shown
on page ________, between Seminole County and State of Florida Department of
Health for Operation of the Seminole County Health Department Contract Year
2009-2010 in the amount of $807,970.00.
15. Approve and authorize the Chairman to execute the Second Amendment,
as shown on page ________, to Seminole Community Mental Health Center, Inc.
Agreement with Seminole County.
16. Adopt and authorize the Chairman to execute appropriate Resolution #2009-R-191,
as shown on page ________, amending Seminole County Administrative Code Section
20.26, "Health Department" Fee Resolution.
Community
Assistance
17. Approve the Substantial Amendment to the 2006-2007 and 2007-2008
One-Year Action Plans to add an activity to fund the rehabilitation of the
historic Hopper Academy in Sanford.
18. Approve and authorize the Chairman to execute the Satisfactions, as
shown on page ________, of Second Mortgage for the following households
assisted under the County's Home Ownership Assistance Program or the Emergency
Repair Housing Program: Grace Ciancimeno;
Willie Hudson; Danny & Sabrina Hughes; Barbara J. Hunter & Edward L.
Hunter; Mary Alice Justice; Pauline Knight; Sandra P. Larsson; Shonna L.
Miller; Frigia Mora; Stephen R. Nathan; Zaida Ortiz; Keitha Rhodes & Emma
Lee Rhodes; Julia Reese; Bildad & Kimberly Rither; Beatrice Roberts; Myriam
I. Rodriguez; Claretha Roux; Joseph Lyle Schulman; and Mary Ann Serrano.
Environmental Services
Business
Office
19. Approve the Release of the original Water and Sewer Maintenance
Agreement with Letter of Credit in the amount of $64,900.72 for the project
known as Hanover Pointe.
Solid
Waste Management
20. Approve and authorize the Chairman to execute each of the
Non-Exclusive Franchise Agreements, as shown on page ________, for Commercial
Solid Waste Collection Service with Advanced Disposal Services Central Florida,
LLC; Container Rental Company, Inc.; and Republic Services of Florida, Ltd.
Partnership.
Fiscal Services
Administration
21. Approve and authorize the Chairman to execute a Grant Agreement, as
shown on page ________, with the Florida Department of Financial Services in
acceptance of $517,571.00 in Homeland Security funds to assist with Urban
Search and Rescue and Hazard Materials related activity.
22. Approve and authorize the Chairman to execute an Agreement, as
shown on page ________, with the Florida Division of Emergency Management in
acceptance of $102,724.00 through their FY 09/10 Emergency Management
Preparedness Assistance Program.
23. Approve and authorize the Chairman to execute a Contract, as shown
on page ________, with the Florida Department of Environmental Protection to
accept a sum of $342,441.00 through its Water Supply Restoration Grant Program
for the Lake Hayes Water Supply Restoration Project.
24. Authorize staff to prepare an ordinance to establish Seminole
County as a Recovery Zone, as required by the IRS.
Budget
25. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-192, as shown on page _________, implementing Budget
Amendment Request (BAR) #10-01 through the Public Safety Grants Fund in the
amount of $517,571.00 to allocate funding from the U.S. Department of Homeland
Security’s State Homeland Security Grant Program (SHSGP).
26. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-193, as shown on page ________, implementing Budget
Amendment Request (BAR) #10-03 through the Boating Improvement Fund in the
amount of $29,000.00 in order to repair and update County-owned waterway
signage on the St. John's River.
27. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-194, as shown on page ________, implementing Budget
Amendment Request (BAR) #10-05 through the Water & Sewer Grant Fund in the
amount $342,441.00 to appropriate funding for the Water Supply Restoration
Grant.
28. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-195, as shown on page ________, implementing Budget
Amendment Request (BAR) #10-07 through the BOCC Agency Fund in the amount of
$1,100.00 in order to appropriate for National Agency Accreditation for the
Leisure Services Department.
MSBU
29. Approve and authorize the Chairman to execute the Satisfaction of
Lien, as shown on page ________, for the following property for which the
balance of the Twin Pines Water and Wastewater Improvement MSBU assessment has
been received in full: LEG LOT 2 TWIN PINES SUBD PB 11 PG 58 Parcel # 17-21-29-515-0000–0020,
Scott W. & Holly H. Gosney & William W. & Regina Partin.
Leisure Services
Greenways
and Natural Lands
30. Approve and authorize the Chairman to execute an Amendment, as
shown on page ________, to the Agreement between Seminole County and the City
of Sanford relating to Contribution of Boating Improvement Funds for Sanford
Marina.
Planning and Development
Development
Review
31. Adopt and authorize the Chairman to execute appropriate Resolution
#2009-R-196, as shown on page ________, vacating and abandoning a portion of a
platted utility easement on Lot 34, Copperfield, recorded in the Public Records
of Seminole County, Florida in Plat Book 43, Pages 93-94 in Section 22,
Township 21 S, Range 30 E and bearing a street address of 835 Copperfield Terrace,
Robert Cook.
Public Safety
Administration
32. Approve and authorize the Chairman to execute an Agreement, as
shown on page ________, between Seminole H.E.A.R.T. and Seminole County for the
use of office space in the Seminole County Public Safety Building.
33. Approve and authorize the Chairman to execute Memorandum of
Agreement (MOA), as shown on page ________, with the Orange County Sheriff's
Office to secure participation in the Urban Area Securities Initiative (UASI).
Public Works
Engineering
34. Adopt appropriate Resolution #2009-R-197, as shown on page
________, and authorize the Chairman to execute a Local Agency Program (LAP)
Agreement Termination, as shown on page ________, with the Florida Department
of Transportation (FDOT) to cancel the Fernwood Boulevard (U.S. Highway 17/92
to Oxford Road) Safety Improvements Project. (FDOT ~ FPN: 419690-1-58-01).
35. Approve and authorize the Chairman to execute a Local Agency
Certification Qualification Agreement, as shown on page ________, with the
Florida Department of Transportation.
Traffic
Engineering
36. Approve and authorize the Chairman to execute the Traffic Signal
Maintenance Covenant, as shown on page ________, between Lowe’s Home Centers,
Inc. and Seminole County for the intersection of US 17-92 and Prairie Lake
Drive.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by
Commissioner McLean, seconded by Commissioner Van Der Weide to approve and
execute Purchase Agreement, as shown on page________, relating to Parcel
Numbers 123/823, Brinker property, of
the road improvement project for Chapman Road, in the amount of $35,200.00, for
full settlement of all claims for compensation from which Seminole County might
be obligated to pay relating to this parcel.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey,
seconded by Commissioner Van Der Weide to authorize and approve the following:
Clerk’s Office
38. Approval of Expenditure Approval Lists, as shown on page ________,
dated August 31 and September 8, 14 and 21, 2009; and approval of Payroll
Approval Lists, as shown on page ________, dated September 3 and 17, 2009;
approval of BCC Official Minutes dated September 9 and 22, 2009; and noting,
for information only, the following Clerk’s “Received and Filed:
1. Copy of letter to Ed
Furey advising he was reappointed to the Value Adjustment Board for another
one-year term ending January 1, 2011.
2. Executed Resolution
#2009-R-96, as shown on page ________, approved by the Board on June 9, 2009.
3. Change Order #1, as
shown on page ________, to Work Order #39 for CC-1075-06.
4. Work Order #4, as shown
on page __________, to PS-1666-07.
5. Closeout, as shown on
page ________, of Work Order #20 to CC-1284-06.
6. Change Order #2, as
shown on page ________, to Work Order #37 for CC-1075-06.
7. Change Order #2, as
shown on page ________, to Work Order #30 for CC-1075-06.
8. Work Order #5, as shown
on page ________, to CC-3321-08.
9. Notice from the Public
Service Commission regarding Docket No. 080366-GU, petition for rate increase
by Florida Public Utilities Company.
10. Change Order #2, as
shown on page ________, to CC-4192-09.
11. Amendment #1, as shown
on page ________, to Work Order #2 for PS-2825-07.
12. Change Order #2, as
shown on page ________, to Work Order #2 for CC-2183-07.
13. Amendment #1, as shown
on page ________, to Work Order #66 for PS-5120-02.
14. Copy of memorandum to
Ann Colby from David G. Shields, County Attorney’s Office, regarding Basic
Services Agreement Request for Nutmeg Farms, Inc./Brookmore Farms, Inc.
15. Copy of e-mail dated
Sept. 3, 2009, from Bruce McMenemy to Cindy Coto, Joseph Forte, and Frank
Raymond regarding the purchase of hand sanitizers.
16. Copy of e-mail dated
Sept. 4, 2009, from Frank Raymond to Joseph Forte, Bruce McMenemy and Cindy
Coto regarding hand sanitizers (with attachments).
17. Development Orders, as
shown on page ________, as follows:
Scott W. & Holly H. Gosney and William W. & Regina Partin, Lot
2, Baker Avenue; Jiann S. Wang & Yvonne Franke, 624 Tuskawilla Point Lane;
David & Nouridjan Kiswani Life Est., 3900 Wimbledon Dr.; 100 East Faith
LLC, 100 East Faith Ter.; George V. & Dina Carroll, 3536 Halegate Court;
Colleen A. Kelly, 2737 Cahill Way; Vartkes V. & Sona Garabedian, 2803
Willow Bay Terrace; Arleigh B. & Diane R. Baker, 113 Brantley Harbor Dr.;
Dawn C. & Jason W. Sipley, 1174 Lake Lucerne Cir.; Zack Inv-Casselbery LLC,
289 Lyman Road; FKJ LLC, 1940 Howell Branch Road; Jeffrey & Michele Wallace,
5070 Nolan Road; Gerald Cox, 110 North Central Street; Dora Schoepflin, 601
East Citrus Street; Scott and Marcy Byers, 3301 Foxcroft Circle; and Zenaida
Arrietta & Maria Martinez, 1049 Reading Court.
18. Work Order #4, as
shown on page ________, to PS-2051-07.
19. Work Order #34, as
shown on page ________, to PS-1501-06.
20. Work Orders #1, #2, #3
and #4, as shown on page ________, to PS-4572-09.
21. Copy of e-mail dated
Sept. 8, 2009, from Bruce McMenemy to Frank Raymond regarding Purchasing Card
Agreements.
22. Copies of e-mails from
Bruce McMenemy, from Frank Raymond, and Joseph Forte dated September 3 and 4,
2009, regarding hand sanitizers.
23. Copy of e-mail dated
Sept. 8, 2009, from Bruce McMenemy to Frank Raymond, Joseph Forte and Cindy
Coto regarding hand sanitizers.
24. Amendment #1, as shown
on page ________, to Work Order #1 for PS-5138-03.
25. Parks Contracts, as
shown on page _________, for Services with the following: George Quinones; Joe Santora; Cera Smith;
James R. Stiles, Jr.; Geri Terito; Jeffery S. Terito; Lynn M. Terito; Salvador
Trejo; Peter Velasquez; Richard John Vazquez; Christopher R. Walker; John J.
Wiley; Robert S. Young; Vincent Bavaro; Lenon Anderson; Jared Boop; Julie Boop;
Karen Fay; Sandra Field; Sheena Fosselius; Russ Gorman; Clyde Graham; Joel
Lipscomb; John Marzullo; Angel O. Marrero; and Donald E. McCoy.
26. Jobs Growth Incentive
Program Agreement, as shown on page ________, with The Father’s Table, LLC, as
adopted by the Board on June 9, 2009.
27. Jobs Growth Incentive
Program Funding Agreement, as shown on page ________, with the City of Sanford
for the Father’s Table, LLC, as adopted by the Board on June 9, 2009.
28. Work Order #26, as
shown on page ________, to CC-1284-06.
29. Amendment #3, as shown
on page ________, to RFP-4258-05.
30. Copies of e-mails
(with attachments) from Bruce McMenemy and Joseph Forte dated Sept. 11, 2009,
regarding termination of County employee/Melissa Dobson.
31. Cash Maintenance Bond
and Escrow Agreement, as shown on page ________, for Terracina at Lake Forest,
Ph. 2a & 3, in the amount of $12,984.97.
32. Amendment #3, as shown
on page ________, to Work Order #1 for PS-2108-07.
33. Closeout, as shown on
page ________, of CC-0256A-06.
34. Work Orders #31 and
#32, as shown on page ________, to CC-1741-07.
35. Amendment #4, as shown
on page ________, to Work Order #24 for PS-0381-06.
36. Work Order #35, as
shown on page ________, to PS-1501-06.
37. Litigation Consultant
Services Agreement, as shown on page ________, with Gerson, Preston, Robinson
& Company, P. A.
38. Copies of e-mails from
Frank Raymond and Bruce McMenemy dated Sept. 15 and 16, 2009, regarding the
return of 500 cases of hand sanitizers (with attachments).
39. Copy of e-mail dated
Sept. 15, 2009, from Cindy Coto and Bruce McMenemy regarding food purchases and
CALNO meeting.
40. Parks Contracts, as
shown on page ________, for Services for the following: Lisa Cilfone; Cathleen Davis; Ronaly K.
Moyer, Jr.; Peter Gillich; Danny Ousley; Timothy D. Campbell; Christopher
Canone; Clifford Franke; Jennifer Kaiser; Joseph A. LaRosa; John Parisi; German
Rivera; Michael Rodriguez; Frank L. Rogers; Gerald S. Ryder; and Luis A.
Santiago.
41. Assistant and
Associate Tennis Pro Agreement, as shown on page ________, with Mahmood
Almontaser.
42. Amendments #2, as
shown on page ________, to Term Contracts IFB-600319-08 with Sunstate Meter
& Supply, Inc. and Ferguson Waterworks.
43. Change Order #1, as
shown on page ________, to CC-3709-08.
44. Change Order #1, as
shown on page ________, to CC-3822-08.
45. Amendment #1, as shown
on page ________, to Work Order #5 for RFP-3261-08.
46. Work Orders #65 and
#67, as shown on page ________, to PS-1074-06.
47. First Amendment, as
shown on page ________, to Term Contract IFB-600612-09 with Integrated
Telecommunication Systems, Inc.
48. Amendment #2, as shown
on page ________, to Work Order #33 for PS-1529-06.
49. Amendment #2, as shown
on page ________, to Work Order #1 for PS-4053-08.
50. Change Order #1, as
shown on page ________, to Work Order #5 for CC-2184-07.
51. Change Order #3, as
shown on page ________, to Work Order #3 for CC-2183-07.
52. Change Order #2, as
shown on page ________, to CC-3220-08.
53. Work Order #66, as
shown on page ________, to PS-1074-06.
54. Work Order #3, as
shown on page ________, to PS-2825-07.
55. Amendment #2, as shown
on page ________, to Work Order #30 for PS-0281-06.
56. Work Order #94, as
shown on page ________, to PS-5150-03.
57. Parks Contracts, as
shown on page ________, for Services for the following: Eddie Rodriguez; Tracy Y. Morgan; Peter L.
Theoret, Inc.; Dale Moore; Jilliam Parisi; James Peters; Margaret Schavemaker;
James L. Speake, Jr.; Marie Luise Tims; Virginia Toledo; Antonio Vaziri;
Vincent Bavaro; Ron Coleman; David Crosby; Adrienne Dienst; Karen Fay; Abigail
Feldman; Ken Gross; Sharon Gross; DeWitt Hazzard; and Thomas Luther.
58. Change Order #2, as
shown on page ________, to Work Order #6 for CC-2183-07.
59. Letter of acceptance
of water and sewer systems and Bill of Sale, as shown on page ________, for
Terracina at Lake Forest, Ph. 2a & 3.
60. Amendment #1, as shown
on page ________, to Work Order #5 for CC-1742-07.
61. Work Order #75, as
shown on page ________, to PS-5120-02.
62. Memorandums from
Doris-anne Freeman, City Clerk Department, Altamonte Springs, regarding partial
abandonment of Marker Street right-of-way and annexation of parcels for owner,
Adventist Health System Sunbelt Healthcare Corporation.
63. Litigation Consultant
Services Agreement, as shown on page ________, with Constance M. Covert.
64. Special Warranty Deed,
as shown on page ________, with St. Luke’s Evangelical Lutheran Church, Inc. of
Slavia, Florida, regarding Chapman Road.
65. Bids as follows: CC-4847-09 and CD; RFP-600705-09;
RFI-600717-09; RFQ-600746-09; IFB-600613-09; CC-4864-09 and CD; DB-4550-09 and
CD; and CD of RFP-4532-09.
Sheriff’s Office
39. Approval of Budget Amendment Resolution #2009-R-198, as shown on
page ________, recognizing $63,080 in additional FY 2009/10 Edward Byrne
Memorial/Justice Assistance Grant revenues and correspondingly increasing the
Sheriff's FY 2009/10 budget by an equivalent amount.
40. Approval by the Board of County Commissioners to expend $2,000.00
from the Law Enforcement Trust Fund to provide for a contribution to the 2009
Seminole County Red Ribbon Campaign.
41. Approval by the Board of County Commissioners to expend $5,000.00
from the Law Enforcement Trust Fund to provide for a contribution to Habitat
for Humanity in Seminole County.
Supervisor of Elections
42. Approve and authorize the Chairman to execute the Certificate
Regarding Matching Funds, as shown on page ________, contained within the
Memorandum of Agreement between the Florida Department of State and the
Seminole County Supervisor of Elections; and authorize Chairman to execute Budget
Amendment Resolution #2009-R-199, as shown on page _________, BAR #10-02 in the
amount of $46,114 for the grant proceeds.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Robert
McMillan, County Attorney, requested direction from the Board regarding
proceeding with foreclosing a code enforcement lien on 614 E. Orange Street,
Charles W. Todd, owner.
Commissioner
Henley stated the County has been dealing with this issue for a number of years
and the owner is an absentee owner. He
stated the County has had communications with his son, and his son has been
trying to get him to do something with the property, but he refuses to do it. He said his office has had numerous
complaints from residents in that area and he doesn’t think the Board can
continue to allow this situation to go on.
Motion by Commissioner Henley to
authorize the County Attorney’s office to begin the foreclosure procedure on
the code enforcement lien on 614 E. Orange Street, Charles Todd, owner.
Mr.
McMillan explained for Commissioner Carey what the County’s intent is after the
foreclosure procedure is done.
Commissioner
Carey stated she feels it is unfortunate that they cannot get the owner to
respond and the County is forced to do this.
Mr.
McMillan stated he understands that the last conversation the Code Enforcement
Clerk had with the son is he basically indicated that the County should go
ahead and foreclose on the property because the father was not going to do
anything with it.
Kathy
Furey-Tran, Assistant County Attorney, addressed the Board to state the son
indicated that he couldn’t get his father to comply with the request and requested
the County to go ahead and do what they need to do.
Commissioner
McLean seconded the motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Joy
Williams, Planning, addressed the Board to present request from the Hitching
Post Bar for a Special Event Permit to allow for an outdoor concert with
amplification of sound on November 8, 2009, located at 1485 CR 419, Robert
Shane Hedrick. The event would be held
on November 8, 2009 from the hours of 4:00 p.m. to 12:00 a.m. The applicant is proposing a portable stage
on site and four live musical performance groups, and no outdoor food vendors are
being proposed. All activities will take
place on site within the existing fenced patio area. The applicant estimates the number of people
in attendance will be between 65 to 75 people.
The applicant will utilize the existing on-site parking area and
sanitation will be provided by existing restrooms within the main
building. All medical and policing will
be provided by Seminole County Public Safety and the Seminole County Sheriff’s
Office. Staff recommends approval of the
request based on the event complying with fire, sheriff, building codes,
Florida Statutes and Seminole County Code regulations. The hours of operation for the amplification
of sound shall be limited to November 8, 2009 between 4:00 p.m. to 12:00
a.m. Security shall be provided by two
off-duty Seminole County Sheriff’s Deputies.
Upon
inquiry by Chairman Dallari, Tina Williamson, Assistant Planning Manager,
addressed the Board to advise the noise ordinance stipulates that the music has
to stop at 10:00 p.m.
Chairman
Dallari stated he would like this item approved but with the hours to be from
4:00 p.m. to 10:00 p.m. as he had a couple of phone calls from the area residents
about the time table.
Commissioner
Carey stated this is a special event and there aren’t any houses very close to
this area.
Commissioner
McLean stated November 8 is a Sunday and he was hoping that it would have been
scheduled on a Friday or Saturday night.
Motion by Commissioner Carey to
approve request from the Hitching Post Bar for a Special Event Permit to allow
for an outdoor concert with amplification of sound on November 8, 2009, located
at 1485 CR 419, Robert Shane Hedrick.
The
Chairman called for a second to the motion without response, whereupon, the motion died for lack of same.
Motion by Commissioner McLean,
seconded by Commissioner Henley to approve request from the Hitching Post Bar
for a Special Event Permit to allow for an outdoor concert with amplification
of sound on November 8, 2009, located at 1485 CR 419, with the hours to be from
4:00 p.m. to 10:00 p.m.
Under
discussion and upon inquiry by Commissioner Carey, Mr. McMillan advised the
applicant still needs a special event permit even if the music stops at 10:00
p.m.
Districts
1, 2, 3, and 4 voted AYE.
Commissioner
Carey voted NAY.
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Ms.
Williams presented request from the Hitching Post Bar for a Special Event
Permit for a New Year’s Eve party with outdoor amplification of sound on
December 31, 2009, located at 1485 CR 419, Robert Shane Hedrick. The event would be held from the hours of
10:00 p.m. to 2:00 a.m. The applicant is
proposing to have a DJ on site with outdoor amplification and no outdoor food
vendors are proposed. Staff recommends
approval of the request based on the event complying with all fire, sheriff,
building codes, Florida Statutes, and Seminole County Code regulations, and the
hours of operation for the amplification of sound to be limited to December 31,
2009 between 10:00 p.m. to 2:00 a.m.
Security shall be provided by two off-duty Seminole County Sheriff’s
Deputies.
Upon
inquiry by Commissioner Henley relating to the hours of operation, Ms. Williams
advised that staff has clarified with the applicant that the hours of the event
will be from 10:00 p.m. to 2:00 a.m.
Motion by Commissioner Carey,
seconded by Commissioner McLean to approve for the Hitching Post Bar a Special
Event Permit for a New Year’s Eve party with outdoor amplification of sound on
December 31, 2009, located at 1485 CR 419, Robert Shane Hedrick.
Under
discussion, Mr. McMillan clarified that the hours of operation for the event
crosses over from December 31, 2009 to January 1, 2010 and it isn’t limited to
December 31, 2009.
Commissioner
Carey amended her motion that the hours of operation will
start from 10:00 p.m., December 31, 2009, and ending at 2:00 a.m. on January 1,
2010.
Commissioner
McLean stated the seconder agrees to
the amendment.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Dori DeBord,
Planning & Development Director, addressed the Board to present request for
a Special Event Permit for a Haunted House for the Habitat for Humanity,
located at the southeast corner of the intersection of General Hutchison
Parkway and Timocuan Way, Michael Towers.
The applicant has asked for a modification of the hours of operations from
6:00 p.m. to 10:30 p.m., and staff has no problem with that. Staff is also asking for a waiver of the additional
fees since it is for the Habitat for Humanity.
Staff recommends approval of the event based on the conditions outlined
in the agenda memorandum.
Upon
inquiry by Commissioner Henley, Ms. DeBord advised the applicant has paid fees
for the special event permit; however, there are other fees that require modular
buildings and inspections. She stated when
staff was going through the process they realized that there will be some
on-site construction that needed to be addressed. She said staff will be looking at any
building or fire safety fees that are associated with the permitting of two
modular buildings.
Upon
inquiry by Commissioner McLean, Ms. DeBord advised staff has clarified the
issue of the permits and they are going to work very closely with the applicant
to make sure that this is a safe function.
Commissioner
Henley stated the Longwood Police Department had been putting this on annually
but they had to give it up because the cost was getting too much.
Michael
Towers, Habitat for Humanity Chairman, addressed the Board to review the type
of events that will be going on.
Commissioner
Henley stated he has some concerns about safety issues as the road that leads
back to it is not in very good shape at all.
He stated the map shows the buildings will be located along side the
retention pond and the one thing that concerns him is the depth of the pond. There is nothing to prevent kids from accidentally
being pushed or falling into the pond, and he would like to see a barrier there
so that won’t happen.
Mr. Towers
stated the buildings are not currently in their final resting place and they
may be spread out further. The entranceway
will be coming from the back parking lot so people will not be walking down
that roadway. There will be orange
barricades so the kids will not be going into the wetland area.
Mr. Towers
informed Commissioner Henley that the citizens won’t have access between the
two buildings and the pond as it will be fenced off. He stated they are proposing to provide
lighting along the trail area.
Commissioner
Henley stated he has difficulty supporting alcohol beverage sales when there
will primarily be children at the event.
He said he can enthusiastically support it if they get rid of that.
Mr. Towers
stated he can take that suggestion back to the Board.
Motion by Commissioner Henley, seconded
by Commissioner McLean to approve request from the Habitat for Humanity for a
Special Event Permit for a Haunted House, located at the southeast corner of
the intersection of General Hutchison Parkway and Timocuan Way, Michael Towers,
with staff recommendations, and to ask the applicant to reconsider the alcohol
sales.
Under
discussion, Commissioner Henley stated he hopes staff will be diligent about
the safety issues out there.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S BRIEFING
The Board
noted, for information only, the Informational Budget Amendment Status Report
for FY 2008/09 for the period ending August 31, 2009.
COUNTY
MANAGER’S REPORT
No Report.
COUNTY
ATTORNEY’S REPORT
No Report.
CHAIRMAN’S
REPORT
Chairman
Dallari stated he has had a conversation with the County Manager, Ms. Coto, relating
to her employment status and he believes it is time for the County to go in a new
direction and a change. He stated he
would like to ask the Board to terminate her contract, without cause, effective
at the end of today’s business day, and place Deputy County Manager, Joe Forte,
as acting County Manager. He stated he
would like to ask Mr. Forte and the County Attorney to bring back options and
procedures of pursuing a new County Manager.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to authorize terminating, without cause,
the County Manager, Cindy Coto, effective at the end of today’s business day.
Under
discussion, Commissioner Henley stated he feels this is totally uncalled for as
he feels Ms. Coto has done a very good job under difficult circumstances.
Chairman
Dallari stated government is changing and in the next few months the County has
to look at business differently and he thinks there needs to be a fresh start
with a different perspective.
Commissioner
Henley pointed out to the Board and the public that the circumstances they had
to deal with were not created by the County Manager. The County Manager does not adopt the budget,
or adopt the salary structure, or the number of personnel that is
available. The County Manager is
responsible for the day-to-day operations without interference from individual
members of this Board, which has not occurred properly. He stated he feels the problem is not with
the County Manager, but with this Board.
He said he feels they are complicating the situation by doing this type
of action; therefore, he will be opposing the motion. He added he may be considering ending his
term on this Board early as he feels this is totally uncalled for and unjust. He said he is aware that certain Board
members have been trying to get the County Manager to fire certain individuals
on staff and she did not comply with that because they were her employees and
not the Board’s employees. He stated he
feels the Board needs to be reminded of what the charter says regarding this. He said he is not questioning the Board’s
authority of doing this, but he questions the wisdom of what they are doing
here during very trying times. He added
if the County Manager had not been insistent over the last few years in
building up the reserves, they would not have had the money to balance the
budget.
Commissioner
Carey stated she respects Commissioner Henley’s opinion, but she believes it
was this Board that said they needed to build their reserves and took the
leadership in that. She stated the Board
is the one that provides direction to the County Manager and from her perspective, the County Manager quit listening a long time
ago. She said she believes the County
Manager has played the three Board members’ leadership roles and she does not
believe that is the right way for a County to be run. It isn’t about individual people, it is about
an organization.
Commissioner
McLean stated it is obvious that in the last two years they have dealt with
unprecedented fiscal challenges. He
stated he feels the Board has tried to come together to work towards a shared vision
and as of today they don’t have that; and the expectation of getting there is
limited. He said because of what he is
hearing today, it is in the best interest to move in another direction.
Motion by Commissioner
Van Der Weide, seconded by Commissioner Carey to call the question.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Board
then voted upon the main motion with
Districts 1, 2, 3 and 5 voting AYE.
Commissioner
Henley voted Nay.
-
- -
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to appoint Joe Forte as Acting County
Manager until they have conducted a national search; and to authorize Mr. Forte
and the County Attorney to bring back options and procedures for pursuing a new
County Manager.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner
Henley asked if the Chairman had discussions about the severance package.
Chairman
Dallari stated the Board has done this “without cause” and there will be a severance
package of whatever is in Ms. Coto’s contract.
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Chairman
Dallari stated he would like to schedule a work session to discuss the utility
rates at the next Board meeting (October 27, 2009).
Upon
inquiry by Commissioner Carey, Chairman Dallari advised he has cancelled the
dates for the upcoming work sessions. He
stated the utility rates work session will be scheduled after the next Board
meeting.
Commissioner
Henley stated in meeting with the Bond Counsel, they indicated the rates are
favorable. He asked if the Board has a
date when they will deal with the bonds regarding the Jetta Point project.
Chairman
Dallari stated he has not been focusing on that and he will bring that back at
the next meeting.
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Chairman
Dallari informed the Board that this past month the Seminole County Museum received
an award for statewide recognition of their exhibits, artifacts and
events. The Wekiva Trail has also won a
statewide recognition for the best Greenways and Trails.
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Chairman
Dallari requested authorization to send a thank-you letter to Mark Logue,
Kennel Club, for his donation of $5,000 to Library Services. The Board voiced no objections.
COMMUNICATIONS
AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Memorandum
dated September 8, 2009, from Ray Valdes, Seminole County Tax Collector, to
Chairman Dallari and the BCC re: Florida Statute 197.323 requesting the Board
of County Commissioners to authorize the Tax Collector to begin collection of
the 2009 tax roll prior to the completion of the Value Adjustment Board
Hearings. (cc: County Manager)
2.
Letter
(w/attachments) dated September 21, 2009, from Sarah Mirus, Longwood City
Clerk, to Chairman Dallari re: Resolution No. 09-1233, City of Longwood,
Florida, supporting the Florida High Speed Rail Project. (cc:
BCC, County Manager, Planning and Development)
3.
Letter
(w/attachment) received September 24, 2009, from Jamie Farnham, Clean Energy
Fuels, to Chairman Dallari re: media coverage documents on the deployment of
the first CNG truck on Long Island. (cc:
BCC, County Manager, Solid Waste Division)
4.
Copy
of letter dated September 23, 2009, from Jeff Cole, St. Johns River Water
Management District, to Mr. Ray Eubanks, St. Johns River Water Management
District, re: Review and comments to the Seminole County Proposed Comprehensive
Plan Amendment DCA Amendment #09-1.
5.
Copy
of letter dated September 25, 2009, from Kirby Green, St. Johns River Water
Management District, to the Honorable Charlie Crist, Governor, re: St. Johns
River Water Management District Fiscal Year 2009-2010 budget.
6.
Letter
dated September 25, 2009, from Mrs. Sharon McCutcheon, Choices in Learning, to
Chairman Dallari, re: appreciation for support and help in understanding the
CRA Grant process. (cc: BCC, County
Manager, Planning and Development)
7.
Notice
of October 8, 2009, City of Lake Mary Open House for the purpose of the public
viewing of the proposed revisions to the Downtown Master Plan. (cc: BCC, County Manager and Planning and
Development)
8.
Copy
of letter (w/attachment) dated September 30, 2009, from Cathy Galavis,
Department of Revenue, to Ray Valdes, Seminole County Tax Collector, re: Final
approved budget for Fiscal Year 2009-2010.
9.
Letter
dated October 1, 2009, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: implementation of new digital video delivery technology
known as Switched Digital Video (SDV).
10.
Letter
(w/attachment) dated October 2, 2009, from Donna Gardner, City of Casselberry
City Clerk, to Chairman Dallari re: City of Casselberry Annexation Ordinances
09-1303 – Annexation of 2586 Lake Howell Lane, and 09-1304- Annexation of 758
Lake Howell Road. (cc: BCC, County
Manager, Planning and Development)
11.
Letter
(w/attachment) dated September 29, 2009, from Central Florida Sports Commission
to Commissioner Dallari re: August 2009 Activities Report.
12.
Memorandum
dated October 8, 2009, from Alcalde & Fay, Government and Public Affairs
Consultants, to County Manager; Sabrina O’Bryan, Assist. County Manager; Lisa
Spriggs, Fiscal Services Director; and Susan Dietrich, Assistant County
Attorney, re: Progress Report for Fiscal Year 2010.
13.
Copy
of letter (w/attachment) dated September 11, 2009, from Cathy Galavis,
Department of Revenue, to Ray Valdes, Seminole County Tax Collector re: review
of budget request for the operation of Tax Collector’s office for period
October 1, 2009, through September 30, 2010, Pursuant to Section 195.087, FS.
14.
Letters
(w/attachment) dated October 7, 2009, from David Johnson, Property Appraiser,
to Chairman Dallari re: 2009 Final Certification of Taxable Value Forms: DR422 –
Certification of Final Taxable Value, DR422DEBT – Certification of Final Voted
Debt Millage and CRA – Taxable Values.
DISTRICT
COMMISSIONERS’ REPORTS
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to appoint Michael Bowdoin to the
Planning and Zoning Commission for a term ending January 1, 2011; adopt
appropriate Resolution #2009-R-200, as shown on page _________, of appreciation
commending Ben Tucker for his service on the Planning and Zoning Commission;
and to submit a special thank you to SGTV and Kurt Slafkovsky for his excellent
Veterans Stand Down production.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman Henley
stated he attended the meeting that Lynx hosted, APTA meeting in Orlando, and Ray
LaHood spoke about high speed rail. Mr. LaHood
made it plain that the County had a strong application, but there was a problem
and that is connectivity. He stated the
Senate needs to get on board if they expect to receive money for high speed
rail in addition to SunRail. The Board
needs to do everything they can in getting more support for this. He added Congressman Mica and Representative
Brown indicated that if they get SunRail, they can get high speed rail. He said he hopes the Senate will do the
responsible thing by approving the insurance portion of it. The other problem that was brought up was the
Federal government put $500,000,000 into Tri-Rail and the State committed to
certain stipulations to get that money. The State has not fulfilled it and if they
don’t do it, they will be asked to pay back the $500,000,000.
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Commissioner
Henley stated the issue with Sun State Trees is still going on and they are
totally ignoring any direction given by the Code Enforcement Board. He asked if the Code Enforcement staff is
planning to go back to their Board to inform them that they are ignoring their
directives.
Mr.
McMillan stated staff has filed a lawsuit for an injunction against them and
they received notice from the bankruptcy attorney that they think the County’s
action is stayed. Once they have gone
into bankruptcy, you can’t seek to impose any financial burdens without going
to the bankruptcy court to get it released.
He stated he believes they are meeting with the bankruptcy court
tomorrow to inform them that the County’s action comes under police power and it
is not stayed by the bankruptcy, so they can proceed. Staff’s position is they are not seeking
money damage, but they are enforcing police-power codes and that is an
exemption from the stay. He stated they
will be discussing that to make sure that they are on the same track.
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Commissioner
Carey stated the MyRegion Executive Committee meeting is coming up this Friday
and the County did not put any money in the budget for that organization as
they have in the past. She stated the
discussions from the Executive Committee meetings in the past have been about
where MyRegion should go. She believes other members of this Board are active on
the Regional Council and she is looking for direction as to how they envision
proceeding. She said she would like to
know if the Board is interested in participating in this if the Executive
Committee changes the position and direction of MyRegion. There are a lot of issues out there that
MyRegion is still dealing with and she is trying to see if the Board has any thoughts
about that, or do they want to see what the next update will be.
Chairman
Dallari stated his biggest issue with MyRegion is “How Shall We Grow” is a
great compact and this County has adopted it in their Comp Plan. He stated he feels they need to focus on
getting all the counties and cities to get everyone on board in adopting it in
their Comp Plans.
Commissioner
Henley stated he was on the Board when they made their final report and at the
conclusion of MyRegion.org work they stated that their work is done. He stated in order for them to make
themselves viable, they are looking for new projects. He said he will not be supporting going
forward financially regarding this organization.
Commissioner
Van Der Weide stated this issue was discussed with the Regional Planning
Council Executive Committee yesterday and they didn’t take a vote on it. He stated he doesn’t support spending more
money on a project that is uncertain.
Commissioner
McLean stated there are very few organizations that have taken that step and he
doesn’t see the use of continuing to promote a scenario that doesn’t seem to be
grabbing hold in the region. Until they
can see evidence of that, he doesn’t think this is the time they need to fund this at this point.
Commissioner
Carey stated she agrees with much of what everyone is saying, but if they had not
had MyRegion, they would have never gotten to the “How Shall We Grow” process
of bringing seven counties and 86 cities together for a mutual goal. If the County intends to be a regional water
partner, she thinks the discussion is important to educate their potential
partners about where they are. If the
County doesn’t want to be in the regional water business, then they may need to
think about meeting the needs of Seminole County and not worry about what is
happening with everyone else. She stated
she wanted to have a clearer input from the Board and she will take that
message back to the organization.
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Commissioner
Carey stated October is Breast Cancer Awareness month and it is the month to
remind your families to get their annual breast cancer checkups.
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Commissioner
Carey stated the 11th Annual Servants to the People Luncheon is
coming up and it benefits the Rescue Outreach Mission. This event is being held at the Sanford Civic
Center and she will be serving at that luncheon on Thursday, October 22 at
12:00 p.m. She stated they are looking
for people to support that event.
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Commissioner
Carey reminded the Board of the Central Florida Zoo’s Black Tie on the Wild
Side event scheduled for November 14, 2009 at the zoo. She stated corporate sponsorships are still available
and she would like each Board member to try to obtain one corporate sponsor.
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Commissioner
Dallari stated several months ago the Board waived the fees for the Geneva
Historical Center and he took some photos (received and filed) showing what they
did to their building. He stated it was
quite remarkable and he couldn’t believe the quality of that building and the
amount of work they did during that short period of time.
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Commissioner
Dallari stated there is a tree issue at 3472 Astoria Court relating to removing
and trimming a tree, and he would like to put that item on the next meeting’s
agenda as he feels it deserves full attention from the Board. He submitted a letter (received and filed) from
Gary Johnson, Public Works Director, relating to this issue. The Board voiced no objections.
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Commissioner
McLean welcomed his new Executive Aide, Jan Spry, to Seminole County. He stated he would like to thank Diane Merkt
for coming back on a volunteer basis and bridging the gap for his
district. He stated Ms. Merkt is helping
Ms. Spry to make the transition.
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Commissioner
McLean stated he and Commissioner Carey attended the Seminole Regional Chamber
Industry Recognition Luncheon to honor a number of organizations in this
County. He stated Easy Yield in Winter
Springs is growing and they just recently inked a deal from a company in
Sidney, Australia.
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He said he and Chairman Dallari attended
the Seminole Farm Bureau annual dinner and he had a chance to speak with the
Farm Bureau friends.
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Commissioner
McLean stated the Wayne Densch Performing Arts Center had their salute to
Seminole County event on Saturday, October 10, 2009.
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Commissioner
McLean advised the CALNO meeting was held in Seminole County and the Drivers
Education Program provided a presentation.
He stated CALNO is going to try to find a way to expand the program throughout
Seminole County because of how successful it is. There was also discussion about how SGTV can utilize
that resource in the County.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 10:40 a.m.
ATTEST:______________________Clerk_____________________Chairman
er