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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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).
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.
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:
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.
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.
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.
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.
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.
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
COUNTY ATTORNEY’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.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Commissioner McLean stated the Wayne Densch Performing Arts Center had their salute to Seminole County event on Saturday, October 10, 2009.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:40 a.m.