BOARD OF
COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
NOVEMBER
10, 2009
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:33 a.m., on Tuesday, November 10, 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)(Late)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Dr. Walt
Person, Minister, Sanford Church of Christ, gave the Invocation.
Maryanne
Morse, Clerk of Court, led the Pledge of Allegiance.
Awards and Presentations
Motion by Commissioner Carey,
seconded by Commissioner McLean, to adopt appropriate Resolution #2009-R-218,
as shown on page _______, acknowledging Jeanette
"Patti" Leviti for twenty-two plus years of
service and dedication to Seminole County Government and its citizens, upon her
retirement on November 10, 2009.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Carey presented the Resolution to Ms. Leviti
who expressed
thanks to the Board and all the employees she has worked with and loved over
the past 22 years.
Chairman
Dallari expressed appreciation to Ms. Leviti for the
hard work she has done for the County.
Commissioner
Van Der Weide entered the meeting at this time.
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Ray Gilley, President of Metro Orlando EDC, addressed the Board to give
the Metro Orlando Economic Development Commission’s annual update. He gave a PowerPoint presentation (copy
received and filed) of the following topics:
Major Initiatives; Major Sales & Marketing Initiatives, From IEDC;
Award Winners; FY 09-10 Total Revenue $5.8 Million; Business Development Year
End Results; Biz Dev Priorities; Marketing Priorities; and High Definition Economic Development.
Tracy Turk, Senior Director of Metro Orlando EDC and EDC Director in
Seminole County, addressed the Board to give an update
on what has happened in Seminole County.
She continued the PowerPoint presentation of the following topics: Establishment Highlights 2008-2009; Seminole
Success Story; Filming in Seminole County; New Projects; Texture Magazine; and
Upcoming Events.
Mr. Gilley
gave wrap-up comments. He congratulated
Seminole County for what they have done over the many years and said they have
to stay vigilant if they are going to maintain their edge. He expressed thanks for Seminole County being
a great partner in the region and with EDC.
Commissioner
McLean said he was pleased that Mr. Gilley was talking, not only about
acquisition, but also about retention.
He said that is definitely a major component that they are doing today.
Commissioner
Carey stated she was pleased that Seminole County ended up with 11 of the 26
new companies; and hopefully, manufacturing will continue being an opportunity
for the County.
Mr. Gilley
advised that the Edward Lowe Foundation has adopted Florida/Orlando as the
place they want to invest in.
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Chairman
Dallari recessed the BCC meeting at 10:04 a.m. in order to convene the U.S.
Highway 17-92 Community Redevelopment Agency meeting.
U.S. 17-92
CRA
John Metsopoulos, CRA Program Manager, addressed the Board to
present the request to approve a Mini-Grant Application (and related Budget
Change Request) between the U.S. 17-92 CRA and Compass Realty in the amount of
$4,207 for sign replacement, which should include the property address and meet
the landscaping requirements of the city of Sanford.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve a Mini-Grant Application, as shown on
page _______, (and related Budget Change Request #10-02) between the U.S. 17-92
CRA and Compass Realty in the amount of $4,207 for sign replacement, which
should include the property address and meet the landscaping requirements of
the city of Sanford.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr. Metsopoulos
presented the request to approve an Interlocal Agreement (and applicable Budget
Change Request) between the U.S. 17-92 CRA and DeGusipe
Funeral Home, LLC, in the amount of $254,658.00 to offset the total cost of
clean-up and interior and exterior renovations.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Carey, to approve an
Interlocal Agreement, as shown on page _______, (and applicable Budget Change
Request #10-03) between the U.S. 17-92 CRA and DeGusipe
Funeral Home, LLC, in the amount of $254,658.00 to offset the total cost of
clean-up and interior and exterior renovations.
Under discussion, Commissioner
Henley stated the DeGusipes have done a great job
renovating this building. He asked for
the Board’s clarification stating the Board has never had a conversation about
using CRA dollars to buy land for private businesses. He said he would not be supporting the motion
because 20% of the total project includes $1.2 million for land purchase. Everything in the guidelines spells out what
the money can be used for. If they take
out the land purchase ($1.2 million) and put it on the improvements, the amount
comes to $176,380, which he can support.
Commissioner Carey said when she
reviewed all the improvements, they met the qualified improvements. The reason she did not have a problem with
the $254,000 was because there was an easement given by the applicant for a bus
stop in the future for which there was no compensation given. She thinks there were some things done that
are not on the list that had some value.
Commissioner Henley said land
purchase is not listed in the qualified improvements. If the Board does it for one, they will have
a hard time turning down others.
Commissioner McLean said he thinks
not only are they talking about the land purchase challenge to pin down, but
also in a larger sense, what they want this corridor to look like. The Board might need to take a look at what
standards they want and what they feel is acceptable.
Commissioner Van Der Weide stated
what he doesn’t want to happen is for this to go back to what it was before it
was a restaurant, which was an adult entertainment establishment. He said what the applicant has done is
unbelievable. He thinks the issue of
land purchase has to be addressed, but he doesn’t think they can address it
with this particular project.
Commissioner Carey said an easement
on 17-92 with a future bus stop is over $1 million. They can take the land out and put the
easement in as an item of value which is not listed. She thinks there are a lot of things the
applicant did over and above. She agrees
they should not include the land cost, but she thinks they can get to this
number without including the land cost.
Commissioner Henley said he doesn’t
recall the Board ever purchasing a bus stop.
They have been able to get the land developers to agree to set aside
funds if requested to do so. As far as Commissioner
Van Der Weide’s comment that the project is too far
along, there is no guarantee of what an applicant requests. He said that is the decision this Board
makes. All the projects have to come
this far to come before the Board. He
commended the applicants for what they have done and supports what they are
doing, but he does not support this amount because it has the land value in it.
Commissioner McLean asked if this
situation is time-sensitive. He wondered
if staff can go back to the applicant and adjust the amount to not have
precedence with the land purchase.
Mr. Metsopoulos
stated the business is up and running and the application has been in since
over seven months. He said staff
excluded the purchase of the land but included the value of the structure. That is one of the ways they got to the
higher figure. He said he would like to
move forward today, but it is up to the pleasure of the Board.
Commissioner Henley said he thinks
Mr. Metsopoulos misspoke because the project is
approximately $2 million. If they take
the land value out, the improvements are approximately $800,000.
Mr. Metsopoulos
said at the Board’s discretion, in the future, he will exclude the cost of the
structure as well as the land.
Commissioner Carey said staff can’t
say they have to take out the value of the building because that really is what
has made this difference in the corridor.
They are going to have a lot of people come and buy an old building and
renovate it. If they turn down the
building, they can’t make the land work.
That will really slow down development.
They have to give the applicant some value for that. She said there is no land cost included in
the cost that Mr. Metsopoulos has done. She thinks the land cost discussion the Board
should have is for those projects coming forward.
Commissioner Henley read the
guidelines the Board adopted and said land is not a part of those guidelines.
Commissioner Van Der Weide said
this reminds him of what happened with the Lowe’s project, and the County lost
a valuable employee.
Chairman Dallari said what he likes
about this project is that it did repair an eyesore. This is a catalyst for a lot of development that
has already transpired in that area.
Commissioner Carey said the reason
she can support the motion on the values is because every one of the items
listed in the cost analysis is on the qualified list.
Commissioner Henley said he would
still like the Board to clarify its intent.
He said they need to amend the guidelines or get rid of them if they are
not going to abide by them.
Commissioner Carey said she thinks
the Board went through the guidelines after they had the Lowe’s issue and they
were very specific. She thinks they have
to be flexible about that. The
guidelines are good, but they need to clarify using CRA funds to purchase
property.
Chairman Dallari said staff can
bring that issue back.
Commissioner Van Der Weide stated
the staff has negotiated with these people in good faith and he thinks some
things have to be clarified, but he’s not sure what the outcome will be. He said he was prepared to move forward. What the applicant has done is a catalyst to
that area; they over-performed. The
facility is much better than what they would be expecting under normal circumstances.
Commissioner McLean said he thinks
there is a value in being that catalyst.
That first step will encourage others to take that similar type of
risk. He agrees they don’t want to limit
themselves. He feels secure in this
scenario that they are not buying land.
He is comfortable with the motion with the idea that they tighten the
criteria with land purchases because they will have others coming and asking
for that.
Chairman Dallari asked Mr. Forte to
put on the Board’s agenda for the next meeting the review of the criteria.
Mr. Forte asked if this should go
to the RPA Board first before coming to the CRA.
Under discussion, Chairman Dallari
directed Mr. Forte to make sure this is on the RPA agenda and then bring it
back before the Highway 17-92 CRA as soon as possible.
Districts
1, 2, 3 and 5 voted AYE.
Commissioner
Henley voted NAY.
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Chairman Dallari adjourned the
meeting of the U.S. Highway 17-92 Community Redevelopment Agency at this time and
reconvened the meeting of the Board of County Commissioners.
County Manager’s Consent Agenda
Mr. Forte
advised staff is pulling Item #13, First Renewal of the Seminole Tenant Health
Department and Community Services Lease, and will bring this back at the
December meeting. He further advised of
add-on item, Resolution of support for the Energy Efficiency and Conservation
Strategy. He said representatives from Kimley-Horn were available to answer any questions. Whereupon, Commissioner Carey asked to
consider that item as a separate vote since it was not on the agenda.
Referring
to Item #12, Non-Exclusive Lease of Library Space for Friends of the Library,
Commissioner McLean commended the Friends of the Library and said they do an
excellent job.
Commissioner
McLean referred to Item #20, Amendment VII to Interlocal Agreement between the city
of Orlando and Seminole County regarding Operation of Iron Bridge Regional
Water Reclamation Facility, and asked what option, if any, does the County have
as opposed to Iron Bridge.
Andrew
Neff, Environmental Services Director, and Bob Briggs addressed the Board to
answer questions. Mr. Neff stated he
concurs with Commissioner Carey that there are no other options.
Chairman
Dallari said regarding the agreement on Iron Bridge, there are some questions
on the County’s briefing with Oviedo. He
asked if staff would bring that back to the Board.
Mr. Briggs
said there seems to be a little confusion among the city of Orlando and the
Transmission Authority. He anticipates
hearing something in the next week or so, and he will bring that back.
Chairman
Dallari said at the last meeting, the Board talked about the United Arts
contract and changing some of the percentages for Seminole County Cultural Arts. He asked if anyone had any items to discuss
on that.
Commissioner
Carey said she thought they talked about removing the restriction that they
could use funds for hiring. She said as
the County or Sheriff gets grants, they don’t want to hire employees with it
and yet they will give grants to the Arts and allow that to happen.
Commissioner
Henley said the agreement made was that the County would give them funding for
three years, and at the end of that time, the person they hired should be
raising enough money to cover their salary.
Chairman
Dallari said he agrees with that, but with cutting of the funds overall, they
are now down to $.30 per capita, when at one time they were at $.75 per
capita. He wants to make sure everyone
is o.k. with the way the contract is written now. He understands that the limit is not in the
contract anymore. He said they have made
substantial changes to their operations as well as their fund-raising
efforts. They are operating “in the
black.”
Commissioner
Henley said that was the stipulation before that they had to go to school and
be better prepared to raise funds.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to approve and authorize the following:
County Manager’s Office
5. Adopt
Resolution #2009-R-219, as shown on page _______, to authorize the execution of
the Second Amendment, as shown on page _______, to Interlocal Operating
Agreement for the Operation of the Central Florida Commuter Rail System.
Administrative Services
Purchasing and Contracts
6. Award
CC-4623-09/DRR, Seminole County Regional Water Treatment Facility at Yankee
Lake, as shown on page _______, in the amount of $40,597,000.00 to Encore
Construction Company of Winter Garden, Florida.
7. Award
RFP-600738-09/GMG, Sale of Timber Harvest at Yankee Lake Regional Wastewater
Reclamation Facility, as shown on page _______, to Atlantic Land & Timber,
Inc., Roseland, Florida (estimated revenue to the County: $4,500.00).
8. Approve
an emergency procurement and award M-4875-09/DRR, as shown on page _______, Engineering
Services during construction of the Seminole County Regional Water Treatment
Facility at Yankee Lake, to CH2M Hill, of Orlando, Florida, in the amount of
$1,451,274.00.
9. Approve
Amendment #1, as shown on page _______, to PS-5192-05/DRR, Yankee Lake Water
Reclamation Facility & Re-Rate, with AECOM USA, Inc., to include Engineer
of Record Services during construction and to increase the Board-approved estimated
term usage by an additional $750,000.00.
10. Award IFB-600727-09/GMG, as shown on page
_______, Term Contract for Electrical, Control and Telemetry Water Plant
Systems with Integration, Fabrication, Installation, Repair and Calibration
Services to Champion Controls, Inc., Fort Lauderdale (Primary Contractor), and
Revere Control Systems, Birmingham, Alabama (Secondary Contractor), (estimated
annual usage $427,000.00).
Support Services
11. Approve and authorize the Chairman to execute
appropriate Resolution #2009-R-220, as shown on page _______, and County Deed,
as shown on page _______, transferring Old Sanford Library building to the City
of Sanford.
12. Approve and authorize the Chairman to execute
the Non-Exclusive Lease, as shown on page _______, of Library Space for Friends
of the Library of Seminole County.
13. Pulled
from the agenda the request to approve and authorize the Chairman to
execute the First Renewal of the Seminole Tenant Health Department and
Community Services Lease.
Community Services
Community Assistance
14. Approve and authorize the Chairman to execute
the Seminole County/Central Florida Family Health Center, Seminole Behavioral
Healthcare, Rescue Outreach Mission, and Seminole County Victims’ Rights
Coalition HUD/CDBG and ESG Subrecipient Agreements,
as shown on page _______, for Program Year 2009-2010.
15. Approve and authorize the Chairman to execute
the Community Service Agency Grant Agreements, as shown on page _______, for
the 2009-2010 budget year for the following:
Boys & Girls Club; Intervention Services, Kids House of Seminole,
Inc.; Lighthouse Central Florida, Inc.; Meals on Wheels, Etc.; Seminole
Community Volunteer Program, Inc.; Seminole County Coalition for School
Readiness: Early Learning Coalition of Seminole;
Seminole County Public Schools: Midway
Safe Harbor; Seminole County Victims’ Rights Coalition: Family Focus; Seminole County Victims’ Rights
Coalition: SafeHouse
of Seminole; Seminole Work Opportunity Program; Seniors First, Inc.; Special
Olympics Florida, Seminole County; and The Christian Sharing Center, Inc.
16. Approve and authorize the Chairman to appoint
and approve the representatives listed for the CSBG Advisory Board as follows: William Jackson, Jr.; Sarah Reese; Valerie
Ford; Joyce Hinton and Captain Kip Beachman.
17. Approve and authorize the Chairman to execute
the Satisfactions, as shown on page _______, of Second Mortgage for households
assisted under the County's Home Ownership Assistance Program or the Emergency
Repair Housing Program for the following:
Sandra D. Barnes; Mary Brown; Vanessa F. Colon; Ivan Hernandez and Norberta Ramos; Vickey L. Hoak; Thaddeus Lee McNeil and Josephine McNeil; Estrella Mendoza; Joseph M. Merritt; Bennie Miller, Jr.;
Sylvester Redding; Sandra K. Richardson; Cathy L. Rouse; Henrietta Simpson; Yolando Strawter and London Strawter; Ida Telfair; Victor Rafael Torres and Maria
Esther Torres; and Hattie B. Tossie.
Economic Development
Operations
18. Adopt appropriate Resolution #2009-R-221, as
shown on page _______, approving the issuance of Industrial Development Revenue
bonds for the purpose of refinancing approximately $2.5 million in debt
incurred by the Master's Academy to finance educational and playground
facilities at its school.
Environmental Services
Business Office
19. Approve and authorize the Chairman to execute
the Joint Participation Agreement, as shown on page _______, between the city
of Lake Mary and Seminole County providing for Reclaim Water Interconnect and
Supply.
20. Approve and authorize the Chairman to execute
the Amendment VII, as shown on page _______, to the Interlocal Agreement
between the city of Orlando and Seminole County regarding Operation of Iron
Bridge Regional Water Reclamation Facility.
Planning, Engineering &
Inspections
21. Approve and authorize the Chairman to execute
The Third Amendment, as shown on page _______, to the Memorandum of
Understanding between the St. Johns River Water Management District and
Seminole County for Aquifer Storage and Recovery Construction and Testing
Demonstration Project.
22. Approve funding participation in the amount of
$25,000.00 for the St. Johns River Water Management District’s 2010 Public Awareness
Campaign.
Fiscal Services
Administration
23. Approval to partner with Community Based Care
of Seminole to resubmit a grant application to the U.S. Department of Public
Health Services requesting $9,000,000.00 through their Child Mental Health
Initiatives Grant Program; and authorize the Chairman to execute supporting
documents as may be required for the application.
24. Approve and authorize the Chairman to execute
a Certificate, as shown on page _______, of Acceptance of Subgrant
Agreement in acceptance of $109,350.00 in grant funding to the Sheriff's Office
from the Department of Law Enforcement through their Edward Byrne Memorial
Justice Assistance Grant Program.
Budget
25. Approve and authorize the Chairman to execute
appropriate Resolution #2009-R-222, as shown on page _______, implementing
Budget Amendment Request (BAR) #10-11 through the 2001 Infrastructure Sales Tax
and the Public Works Grant Funds in the amount of $1,839,941.00 to adjust
funding for ARRA Stimulus Grant-funded projects.
26. Approve and authorize the Chairman to execute
appropriate Resolution #2009-R-223, as shown on page _______, implementing
Budget Amendment Request (BAR) #10-13 through the 2001 Infrastructure Sales Tax
Fund in the amount of $175,000.00 to establish and fund the Sand Lake Road at
Hunt Club Boulevard Intersection Improvement project.
27. Approve and authorize the Chairman to execute
appropriate Resolution #2009-R-224, as shown on page _______, implementing
Budget Amendment Request (BAR) #10-14 through the Public Works Grants and the
2001 Infrastructure Sales Tax Funds in the amount of $487,262.00 to provide
funding for the construction of the Ridgewood Street and Alpine Street Sidewalks
project.
28. Approve and authorize the Chairman to execute
appropriate Resolution #2009-R-225, as shown on page _______, implementing
Budget Amendment Request (BAR) #10-16 through the 2001 Infrastructure Sales Tax
Fund in the amount of $325,000.00 in order to establish and fund the Palm
Springs Road/East Central Parkway Intersection Improvement project.
MSBU
29. Authorize the scheduling and advertising of a
public hearing for adopting the 2010 Consolidated Street Lighting District
Ordinance.
Leisure Services
Parks and Recreation
30. Approve and authorize the Chairman to execute
the Partnership Agreement, as shown on page _______, with the Florida Trail
Association.
Library Services
Administration
31. Approve and authorize Chairman to execute Agreement,
as shown on page _______, between Seminole County and United Arts of Central
Florida, Inc. in the amount of $127,924.00 reflecting $.30 per capita funding
approved by the Board of County Commissioners as part of the 2009/2010 budget.
Planning and Development
Development Review
32. Approve and authorize the release of the CNL
Property Phase 1 Right-of-Way Utilization Permit Maintenance Bond #104688486 in
the amount of $7,087.31 for the CNL Property Phase 1 road improvements.
33. Approve and authorize the release of the
Second Street and SR 46 a/k/a Delphini Industrial
Park Right-of-Way Utilization Permit Maintenance Bond #CA-2023186 in the amount
of $2,897.30 for the Second Street and SR 46 a/k/a Delphini
Industrial Park road improvements.
34. Approve and authorize the release of the SR
434-Panera Bread a/k/a Mobil Manor Right-of-Way Utilization Permit Maintenance
Bond #LPM7590208 in the amount of $6,938.63 for the SR 434-Panera Bread a/k/a
Mobil Manor road improvements.
35. Approve and authorize the release of the Old
Lake Mary Road ROW a/k/a Chase Groves Turn Lane Right-of-Way Utilization Permit
Maintenance Bond #6512847 in the amount of $13,074.44 for the Old Lake Mary
Road ROW a/k/a Chase Groves Turn Lane road improvements.
36. Adopt and authorize the Chairman to execute appropriate
Resolution #2009-R-226, as shown on page _______, to vacate and abandon a
portion of a utility easement as recorded on Lot 81, Heathrow Woods, in Plat
Book 41, Pages 26-30, of the public records of Seminole County, Florida, in
Section 11, Township 20S, and Range 29E and further described as 265 New Gate
Loop; Parisa Pirouzi,
applicant.
37. Authorize the release of Irrevocable Letter of
Credit #SB 55117 for the Bella Vista Subdivision located east of Sandy Lane on
the south side of Sand Lake Rd. in Section 8, Township 21 South, Range 29 East;
Forest Creek, Inc.
Planning
38. Approve the Satisfaction of Lien, as shown on
page _______, in the amount of $5,000.00, Case No. 09-12-CEB, on 3905 Anna
Drive, Apopka, Tax Parcel #17-21-29-512-0000-0260, Ryan A. Gilbert, and
authorize the Chairman to execute the Satisfaction of Lien.
39. Approve the Satisfaction of Lien, as shown on
page _______, in the amount of $5,100.00, Case No. 07-131-CEB, on 2782 Falcon
Crest Place, Lake Mary, Tax Parcel #03-20-30-5PB-0000-1350, Bennett F. Hansen
(previous owner) and Deutsche Bank (current owner), and authorize the Chairman
to execute the Satisfaction of Lien.
Public Works
Engineering
40. Approve and authorize the Chairman to execute
a Mitigation Agreement, as shown on page _______, for the purchase of a Conservation
Easement by Seminole County from Brio, LLC, owner of the Brio Mitigation Area,
to offset wetland impacts associated with the State Road 434 Widening Project
(Interstate 4 to Rangeline Road) (Financial
Management Number 240233-3-52-01).
41. Adopt appropriate Resolution #2009-R-227, as
shown on page _______, authorizing the Chairman to execute a Local Agency
Program (LAP) Agreement, as shown on page _______, with the Florida Department
of Transportation for the construction of sidewalks along Alpine Street,
Ridgewood Street and Palm Springs Drive (FDOT ~ FPN: 422572-1-58-01).
42. Approve and authorize the Chairman to execute
Agreement relating to a Permanent Easement, as shown on page _______, and
accept a Drainage Easement, as shown on page _______, (John F. Simpson, Jr.,
and Marion L. Simpson to Seminole County) for the Lake Drive Project from Tuskawilla Road to Seminola
Boulevard.
Districts 1, 2, 3, 4 and 5 voted AYE.
County
Attorney’s Consent Agenda
Constitutional
Officers’ Consent Agenda
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve and authorize the following:
Property Acquisition
43. Approve and authorize the Chairman to execute
the Purchase Agreement, as shown on page _______, relating to Parcel Number 117
of the road improvement project for Chapman Road, for $40,000.00, for full
settlement of all claims for compensation from which Seminole County might be
obligated to pay relating to this parcel, Marrero/Negron Property.
Clerk’s Office
44. Approval of Expenditure Approval Lists, as
shown on page _______, dated October 5, 13, and 19, 2009; and Payroll Approval
List, as shown on page _______, dated October 15, 2009; and approval of BCC
Official Minutes dated October 27, 2009.
The Board noted, for information only, the following Clerk's
"received and filed”:
1. U.S. Department of the Interior, U.S.
Geological Survey Joint Funding Agreement, as shown on page _______, for
Florida Integrated Science Center – Orlando as executed by the Roads-Stormwater Manager on October 1, 2009.
2. Copies of e-mails dated September 30 and
October 5, 2009, from Bruce McMenemy to Cindy Coto and Tad Stone and from Susan Krause to Bruce McMenemy, Cindy Coto and Tad
Stone regarding Leadership Training Course on P-Card.
3. Recorded Restrictive Use Covenants, as shown
on page _______, by Clarkson Concepts, Inc. regarding properties at 2537
Georgia Avenue; 2407 Hartwell Avenue; and 746 Sherwood Drive.
4. Work Orders #17 and #18, as shown on page
_______, to PS-5124-02.
5. Work Order #125, as shown on page _______, to
PS-5165-04.
6. Amendment #1, as shown on page _______, to
Work Order #38 to CC-1075-06.
7. Work Order #68, as shown on page _______, to
PS-1074-06.
8. Amendment #3, as shown on page _______, to
Work Order #26 to PS-1074-06.
9. Copies of e-mails from Bruce McMenemy to Cindy Coto and from
Cindy Coto to Bruce McMenemy
regarding $3,091 purchase of a Stairmaster Treadmill; and copies of e-mails
from Leeanna Raw to Bruce McMenemy
and Cindy Coto and from Bruce McMenemy
to Leeanna Raw and Cindy Coto regarding same.
10. Copies
of e-mails from Sharon Peters to Sandy McCann and from Sandy McCann to Sharon
Peters regarding outstanding BCC document (Focus Performing Arts Agreement) for
April 14, 2009.
11. Letter
dated October 2, 2009, from Donna Gardner, Casselberry City Clerk, to Clerk
Maryanne Morse regarding Annexation Ordinances.
12. Copy
of executed Amendment, as shown on page _______, to Memorandum of Right-of-Way
Consent Agreement with Florida Power & Light Company, as approved by the
BCC on March 10, 2009.
13. First
Amendment, as shown on page _______, to IFB-600673-09, Simplex Grinnell, LP.
14. Seventh
Amendment, as shown on page _______, to RFP-4253-05, Hinton Enterprises, Inc.
15. Parks
Contracts, as shown on page _______, for Services with Lisa Cilfone;
Clifford Franke; Jack Fiorenza;
Deborah Coeil; Diane White; Stephan B. Dodd; Susan
Dodd; David D. Mease, Jr.; Jason Smith; Lindsay
Holcomb; and Revathy Sudhakar.
16. Seventh
Amendment, as shown on page _______, to RFP-600094-06, Nanak’s Landscaping
Grounds Maintenance, Inc.
17. Performance
and Payment Bonds, as shown on page _______, for Work Order #3 to RFP-4277-09,
Miller Construction Services, LLC.
18. Change
Order #5, as shown on page _______, to Work Order #2 for CC-2183-07.
19. Closeout,
as shown on page _______, of Work Order #2 to CC-2183-07.
20. Development
Orders, as shown on page _______, as follows:
5655 Red Bug Lake Road, Regency Center, LP; 271 Hound Run Place, Santos Pardo; 1517 Eden Hall Point, San Sebastian Estate Homes;
2930 Harbour Grace Ct., Martha Garcia; 3626 Supreme
Court, Kerry K. & Bradley S. Giedd; Lot 25
Wellington Terrace, Wellington Terrace HOA, Inc; 1151 Scenic Point Road, Celia
da Silva; 3533 Foxcroft Circle, Ellen Schatz; and
2987 AAMCO Alafaya Trail, Fun Factory & More,
Inc.
21. Copy
of e-mail from Bruce McMenemy dated October 9, 2009,
to Joseph Forte; Andrew Neff; Frank Raymond; Ray Hooper; Bob Hunter; Cindy
Coto; Drew Jeter; Maryanne Morse; Susan Krause; and Sandy McCann regarding CH2M
Hill Work Order #27 to PS-5190-05.
22. Surety
Rider No. 1 (Bonds), as shown on page _______, to RFP-0613-06, Skanska
USA/Wharton-Smith Joint Venture.
23. Parks
Contracts, as shown on page _______, for Services for Thomas Wilks and Faith Jones.
24. Work
Orders #1 and #2, as shown on page _______, to PS-3914-08.
25. Fourth
Amendment, as shown on page _______, to Term Contract IFB-3099-05, Airwick
Professional Products.
26. Copies
of e-mails from Bruce McMenemy to BCC; BCC Aides;
Cindy Coto; Joseph Forte; Janet Davis; Lisa Spriggs; Sandy McCann and Maryanne
Morse regarding Disclosure of Human Resource Passwords (with attachments).
27. Work
Order #13, as shown on page _______, to RFP-4240-05.
28. Amendment
#1, as shown on page _______, to Work Order #20 for PS-5175-04.
29. Copy
of letter to the Florida Department of Revenue from Lisa Spriggs, Fiscal
Services Department, regarding FY 2009/10 Certification of TRIM Compliance
(with attachments).
30. Development
Order, as shown on page _______, for 104 Brewer Street, Moses & Nilda Estremers.
31. Recorded
First Amendment, as shown on page _______, to Right-of-Way Consent Agreement
with Florida Power & Light Company, as approved by the BCC on March 10,
2009.
32. Change
Orders #3 and #4, as shown on page _______, to CC-3077-08.
33. Memorandum
to Sandy McCann from Denes Balo, Clerk’s Finance,
regarding FY 2008/2009 Amended Budget.
34. Copy
of Memorandum to Denes Balo from Sandy McCann
regarding receipt of FY 2008/2009 Clerk’s Amended Budget.
35. Recorded
Denial Development Order, as shown on page _______, for Kentucky Square, Ann Takvorian, for BCC meeting of July 28, 2009.
36. Copies
of Recorded Satisfactions of Lien, as shown on page _______, for Case No.
08-142-CEB, 571 Grove Court Trust, and Case No. 08-11-CEB, American Home MTG
Servicing, as approved by the BCC on Sept. 22, 2009.
37. Amendment
#1, as shown on page _______, to Work Order #11 for RFP-4277-09.
38. Change
Order #2, as shown on page _______, to Work Order #33 for CC-1075-06.
39. Work
Order #24, as shown on page _______, to PS-5175-04.
40. Closeout,
as shown on page _______, of CC-2059-07.
41. Amendment
#1, as shown on page _______, to Work Order #1 for PS-3556-08.
42. Change
Order #1, as shown on page _______, to Work Order #40 for CC-1075-06.
43. Change
Orders #3, #4 and #5, as shown on page _______, to Work Order #30 for
CC-1075-06.
44. Title
Opinion, as shown on page _______, for Ligonier Academy of Theology.
45. Cash
Maintenance Bond and Escrow Agreement, as shown on page _______, for the Lake
Mary Westin in the amount of $7,445.44.
46. Work
Order #15, as shown on page _______, to RFP-4277-09.
47. Change
Order #1, as shown on page _______, to CC-4205-09.
48. Warranty
Deed, as shown on page _______, for Chapman Road, Parcel No. 116, granted by
Luis R. and Jennie Nieves.
49. Performance
Bond, as shown on page _______, for RFP-4277-09.
50. Bids
as follows: IFB-600749-09;
RFP-600751-09; CC-4923-09 and CD; and RFP-600729-09.
Sheriff’s Office
45. Board approval of the Budget Amendment Resolution
#2009-R-228, as shown on page _______, recognizing $109,350.00 in additional FY
2009/2010 Recovery Act - Edward Byrne Memorial/Justice Assistance (JAG) Grant
revenues and correspondingly increasing the Sheriff's FY 2009/2010 budget by an
equivalent amount.
46. Board approval of Budget Amendment Resolution
#2009-R-229, as shown on page _______, (#10-18) to carry forward $453,323.00 in
prior year unexpended grant funds to the Sheriff's Office FY 2009/10
budget.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S CONSENT
AGENDA, Continued
Motion by Commissioner Carey, seconded
by Commissioner McLean, to approve and authorize the following:
Planning and Development
Planning Add-on
1. Approve
and authorize the Chairman to execute appropriate Resolution #2009-R-230, as
shown on page _______, supporting the Seminole County Energy Efficiency and
Conservation Strategy (Energy Strategy) and the submittal of the Energy
Strategy, as shown on page _______, to the U.S. Department of Energy.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari recessed the meeting at 10:33 a.m. and reconvened it at 10:38 a.m. Clerk Maryanne Morse was late reentering the
meeting.
Regular Agenda
Andrew Neff, Environmental Services
Director, and Bob Briggs addressed the Board.
Mr. Neff presented the request for an amendment to the Administrative
Code, Water, Sewer and Reclaimed Water user fee level increases in support of
the Capital Improvement Program.
Clerk Maryanne Morse reentered the
meeting during the presentation.
Upon inquiry by Commissioner
Henley, Mr. Neff stated the 11% includes the 3% in effect now, so this is
actually an 8% increase. He further
advised Commissioner Van Der Weide that this 3% indexing will continue. Mr. Neff also advised Commissioner Henley that
the amount of the first bond issue was $154 million.
Mr. Briggs answered questions by
Commissioner Henley on the current debt service on the original $154 million,
stating the County makes two payments annually for a total each year of about
$14.7 million. He said the current rate
brings in revenue of about $39 million.
Carol Hunter, Principal Engineer,
addressed the Board to answer the question by Commissioner Henley on how many
customers will be added to the reclaimed water as a result of this additional
money. She said Phase I is completed and
contained 800 customers. She stated
Phase II is under construction and is approximately 500 customers, leaving 1100
customers of the total 2400.
Commissioner Carey stated there are
a lot of other projects besides reclaimed projects. By going back and reprioritizing, staff was
able to get the bond issue amount down to $70 million, which keeps the increase
as low as possible. She said they need
to keep reevaluating this as things go forward.
Upon further inquiry by
Commissioner Henley, Ms. Hunter advised approximately $15 million of the $70
million is for reclaim work.
Chairman Dallari stated most of the
dollars allocated are for regulatory issues.
He advised Commissioner Van Der Weide that he believes the original
requirement is even though the 3% index rate is automatic, it still has to come
back before the Board for review.
Commissioner McLean said he agrees
with Commissioner Carey that they need to look at the efficiency they have had
with some of these as they readdress them.
He thinks they need to continue to scrutinize so when they get to 2011,
the 3% may not be appropriate. They may
need to look at another figure.
Commissioner Henley asked if staff
had any further conversation with the St. Johns River Water Management District
regarding the letter that the 13th date may not be firm. Mr. Forte said he doesn’t think staff has any
new information other than what was presented at the work session.
Motion by
Commissioner McLean, seconded by Commissioner Carey, to approve and adopt
appropriate Resolution #2009-R-235, as shown on page _______, amending the
Administrative Code, Water, Sewer and Reclaimed Water user fee level increases
in support of the Capital Improvement Program.
The requested increase reflects a phased-in approach of 11% effective December
1, 2009, and 11% effective October 1, 2010 reducing initial impacts to the
Utility’s customers. A 3% index
continues for all years beginning October 1, 2011.
Under discussion, Commissioner
Henley clarified that the motion includes the 3% index.
Commissioner McLean reiterated to
Commissioner Van Der Weide that the indexing will come back to the Board and
they will have the last look.
Mr. Neff said that the indexing
will need to come back to the Board because 3% moving forward is probably not
going to be enough as they look at additional issues in the program. He said when they go to market, it is very
important that the market understands the Board is willing to raise rates and
have some sort of index out there. That
helps tremendously with the credit rating.
Districts 1,
2, 3 and 5 voted AYE.
Commissioner
Henley voted NAY.
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Tina Williamson, Assistant Planning
Manager, addressed the Board to present request by the applicant for reduction
of a Code Enforcement Board lien in the amount of $25,000.00 for Case #09-39-CEB,
on the property located at 104 Pressview Avenue,
Longwood, Karyn Reilly and Arthur Anderson. Ms. Williamson stated staff is recommending
denial of the request because no financial documents have been provided to show
a financial hardship.
Applicant, Karyn
Reilly, addressed the Board.
Commissioner Henley advised her that, as staff stated, normally the
Board does not take a request to reduce the lien without substantiation of a
hardship. He said in the backup
information, Ms. Reilly indicated a list of improvements she wants to
make.
Ms. Reilly stated this is her
grandfather’s estate and she and her husband are in the process of purchasing
the house and have already invested a lot of money into it.
Commissioner Henley said if he has
to make the decision today, he would support staff based on what he knows the
applicant’s income is and what her obligations are.
Ms. Reilly said she can document
her hardship.
Motion by
Commissioner Henley, seconded by Commissioner Carey, to continue the request
for reduction of a Code Enforcement Board lien in the amount of $25,000.00 for
Case #09-39-CEB, on the property located at 104 Pressview
Avenue, Longwood, Karyn Reilly and Arthur Anderson,
in order to allow the applicant to substantiate her hardship claim.
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
FY 2009/10 for a one-month period ending October 31, 2009.
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Sabrina
O’Bryan, Assistant County Manager, addressed the Board to present the proposed 2010
State Legislative Issues for Board approval. Ms. O’Bryan stated this is a follow-up from
the last BCC meeting on October 27, 2009.
She briefly reviewed the issues, stating included in the packet is an
item for the Supervisor of Elections, and Mr. Ertel
is present. Also, Kelly Teague of Metro
Plan is present. Ms. O’Bryan advised of
a minor change in the Regional Alternative Water Supply item changing the
funding amount for maximum construction to $7.5 million, and the total project
cost is $40.3 million. She said the
format of the issues is the same as before.
Commissioner
McLean said in the last couple of CALNO meetings, they discussed the pilot
Driver Education program; and that the number of students
taking the course legitimize the cost and expense. The discussion was to talk about potentially
having expansion of that program to all the high schools in Seminole County. Realizing the fiscal challenges the County is
having, this may be an item to discuss with Tallahasse
because they have verifiable results.
Commissioner
Carey said in the springs legislation currently being discussed, they want to do
what they can to protect the water quality and the springs, but they need to
watch closely all those bills coming forward.
These bills may have septic tank language in them as well. Last year, the Board opposed rules about
septic tank language until the State has finished with the studies. She wants to make sure they continue to have
that kind of approach. The other item
that has been added is support for the red light cameras legislation. The Board never had a briefing on that, but
there are a lot of pros and cons about that issue. The State of Virginia imposed having the red
light cameras, but years later took them out because of other problems they
created. She said before she would be interested
in supporting any red light camera legislation, she would like to have all the information
brought to the Board so everyone can understand what the down sides can be. She thinks it is inappropriate to do so now
without getting the information.
Chairman
Dallari said he did not have an issue with having a presentation.
Commissioner
McLean said he thinks it may be appropriate to have that information to
consider as an entity.
Chairman
Dallari asked Ms. O’Bryan to coordinate with the County Manager on this. He clarified for Ms. O’Bryan that he thinks
they need to do the red light cameras presentation first before doing anything
about the Driver Education program.
Commissioner
McLean asked if the Board wants someone to come and give the dollar amounts to
the Board before adding support of the Driver Education program’s
expansion. Chairman Dallari stated that
is why if they are going to ask for additional funding, they need to have a
presentation.
Commissioner
Carey suggested putting in the statement that the Board would support the State
not cutting any of the funding that comes to the County because they use it to
help fund the Driver Education program.
Chairman Dallari said he did not have an issue with that.
Commissioner
Van Der Weide said he thinks it is real important that the Board doesn’t forget
that this was originally the School Board’s budget item. He asked, before they charge off, do they
have the full support of the School Board.
Commissioner McLean answered yes.
Whereupon,
Chairman Dallari said they need to have that presentation brought to the
Board. He said he would work with staff
to bring that forward post haste so they all can have the same information.
Ms. O’Bryan
stated she has received a request from FDOT to provide a letter in support of
the FDOT projects in Seminole County. Because
of the timing and upcoming meeting on December 8, she is requesting the
Chairman sign the letter. She said as
part of their new policy, FDOT is seeking a letter that the County is in
support.
Jerry
McCollum, County Engineer, addressed the Board to state he just received a
letter from the State. They said they
would get back next week with a master list.
The projects the State is talking about are nothing new. The last thing he heard was that the State
did not have any money to add anything additionally. This would be a list of all existing major projects. He doesn’t see any big issue with this
request.
The Board’s consensus was for Chairman
Dallari to sign the letter.
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Chairman Dallari recessed the meeting at 11:11 a.m.,
reconvening at 1:30 p.m., this same date with all Commissioners and all other
Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by
Deputy Clerk Sandy McCann, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner
Carey, seconded by Commissioner McLean to authorize the filing of the proofs of
publication for this meeting’s scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
REQUEST TO REZONE FROM RP
TO RP, Pushpa
Seth
Proof of publication, as shown on page _______, calling for a
public hearing to consider a request to rezone from RP (Residential
Professional) to RP (Residential Professional) for property consisting of .24
acres, located 600 feet east of the intersection of Lakemont
Avenue and Howell Branch Road, Pushpa Seth, received
and filed.
Planner,
Ian Sikonia, addressed the Board to present the
request, advising the applicant proposes to utilize the existing structure as a
medical office for her internal medicine practice. The property consists of a 1,848 square foot
single-family home that was converted to an office. He further advised the Board of Adjustment
approved two variances for side setbacks for the existing office on August 24,
2009. The P&Z Commission voted
unanimously to recommend approval of the request and the staff also recommends
approval.
Dr. Monisha Seth addressed the Board to advise she will be the
only physician in her office and she believes it will be compatible with the
existing neighborhood.
No one
else spoke in support or in opposition.
District
Commissioner Henley recommended approval.
Motion by Commissioner Henley, seconded
by Commissioner Carey to adopt Ordinance #2009-33, as shown on page ________,
granting rezoning from RP (Residential Professional) to RP (Residential
Professional) for property consisting of .24 acres, located 600 feet east of
the intersection of Lakemont Avenue and Howell Branch
Road, as described in the proof of publication, Pushpa
Seth; approve the site plan, subject to conditions in the D.O.; and authorize
the Chairman to execute Development Order, as shown on page _______, based on
staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST FOR SMALL SCALE LAND
USE AMENDMENT
& REZONE FROM R-3 TO
PLI, SEMINOLE COUNTY
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a Small Scale Land Use Amendment from HDR (High Density Residential) to PUB
(Public) and rezoning from R-3 (Multiple-Family Dwelling) to PLI (Public Lands
and Institutions) for approximately 1.3 acres, located 500 feet west of the
intersection of Coach Light Drive and Wilshire Boulevard, Seminole County,
received and filed.
Planner,
Ian Sikonia, presented the request, advising the
property is currently being used by Seminole County as the Indian Hills Water
Treatment Plant. The plant was
originally used as a private package plant for the surrounding subdivisions
until the County took it over in the mid 1970’s. The existing zoning on the property is R-3,
which does not allow for public utility structures as a permitted use. Therefore, the request will bring the zoning
and future land use into conformance with the existing use of the property as a
water treatment plant and well site. He
added that the P&Z Commission voted unanimously to recommend approval.
No one
spoke in support or in opposition.
Motion by Commissioner Henley, seconded
by Commissioner Carey to adopt Ordinance #2009-34, as shown on page _______,
approving a Small Scale Land Use Amendment from HDR to PUD; and adopt Ordinance
#2009-35, as shown on page _______, granting rezoning from R-3 (Multi-Family
Dwelling) to PLI (Public Lands & Institutions), for approximately 1.3
acres, located 500 feet west of the intersection of Coach Light Drive and
Wilshire Boulevard, as described in the proof of publication, Seminole County,
based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Commissioner Carey, Acting County Manager, Joe Forte, stated he will
get with the Department to determine if there are other parcels that need to be
“cleaned up” for the next Comp Plan cycle.
CHAIRMAN’S
REPORT
Chairman
Dallari advised of his meeting with Tom Feeney with regard to adopting an
ordinance that would assist in maintaining foreclosure properties. Copy of information regarding same was
received and filed.
County
Attorney, Robert McMillan, advised his staff has been working on an ordinance
for some time and he will distribute that under his report.
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The
Chairman stated he has been talking to UCF about their Traffic Management
Plan/Campus Master Plan and one of the issues they have is that they cannot
spend money outside their own County. He
questioned if the Board would like to ask the Legislature to amend that law
because some of the UCF traffic problems run into Carillon and SR 434.
Commissioner
Carey said she would like the County Attorney to look into this because she
remembers a time when the Orlando International Airport could not spend money
to do an impact study for SR 436; but in the end, determined that they could
spend the money.
Attorney
McMillan stated he will review same.
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At the
request of the Chairman, Commissioner Carey gave an update on the Midway
Elementary School space, advising the Midway Community Center was damaged a
number of years ago with the roof collapsing.
There has been much discussion about whether to spend the insurance
money to rebuild the center or relocate it to the school property. She said the media center upfront would work
and the School Board is asking the County to look at that space for this
use. She further said there is a
possibility that the Health Department and the Head Start Program could also
locate on the property. She added that
Director of Administrative Services, Frank Raymond, is supposed to be running
the numbers.
Acting
County Manager, Joe Forte, advised staff is seeking direction from the Board
with regard to negotiating a lease.
Mr.
Raymond addressed the Board to advise the original Midway Community Center was
2,300 square feet and the media center on the school property is 5,300 square
feet. He said there are several other
buildings on the property that the Head Start program and other entities are
looking at.
Chairman
Dallari stated he would like to see the Board move forward with this.
Commissioner
Henley said he is not that enthused about moving forward because he is not
interested in entering into a long-term lease.
He further said he believes the roof of the old center can be restored.
Commissioner
McLean stated he does not believe the Board is to a point where they can say
this makes sense or not. He suggested
moving forward with the negotiation process so that the Board can make that
determination.
Mr. Forte
advised that the portion of the Health Department that would move needs to move
by the first of the year.
Commissioner
Carey stated the old community center is isolated and a problem for crime. She said that it would cost significantly to
rebuild it because it does not meet current code and is on a septic tank
system. She further stated that she
believes, from a community standpoint, it makes more sense to utilize the
School Board property. She added that
the old center could be bulldozed down and a couple affordable houses built on
the property.
The
Chairman clarified the majority
consensus is that the Board wants to see different options (looking at the
entire campus) with regard to same and that staff is to report back to the
Board. Whereupon, Mr. Forte stated staff
will continue to negotiate a lease with the School Board and if successful,
will bring that back to the Board in January.
Commissioner
Van Der Weide agreed that further investigation needs to be done.
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Chairman
Dallari announced that the redraft on alcohol sales has been completed and Commissioners
might want to meet with staff individually to receive an update.
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The
Chairman announced that there is a vacancy on the TDC Board and nominated Amy
Nichols for same.
Motion by Commissioner
Carey, seconded by Commissioner McLean to appoint Amy Nicholas to the Tourist
Development Board, replacing Sandra Furlong; and to adopt appropriate
Resolution #2009-R-231, as shown on page _______, commending Sandra Furlong for
her services.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari advised that in talking with Mayor Buddy Dyer, he believes that a
Special Session of the Legislature on Commuter Rail will occur. He said he will be speaking with the Mayors
of the County in order to coordinate an effort on this subject.
DISTRICT COMMISSIONERS’ REPORTS
Motion by Commissioner
Henley, seconded by Commissioner Carey to reappoint Kathleen Prince to the
Animal Control
Board for a one-year term ending January 1, 2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner
Henley, seconded by Commissioner Carey to reappoint Steve Young to the
Contractor Examiner Board for a one-year term ending January 1, 2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner
Henley, seconded by Commissioner Carey to reappoint Alex Dickison
to the Historical Commission for a two-year term ending January 1, 2012.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner
Henley, seconded by Commissioner Carey to reappoint Robert Bowden to the
Leisure Services Advisory Committee for a three-year term ending January 1,
2013.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded by Commissioner
Carey to appoint Mark Selasky to the Tourism
Development Council for a four-year term ending January 1, 2014.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded
by Commissioner Carey to adopt appropriate Resolution #2009-R-232, as shown on
page _______, commending Don Epps for his service on the Historical Commission;
and to adopt appropriate Resolution #2009-R-233, as shown on page _______,
commending Jamie Ross for her service on the Tourism Development Council.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Henley advised he participated in the “Family in Transition” event held in
Winter Springs where over 250 families had pre-registered. He said 19 agencies were there to meet with
the families to assist them.
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Commissioner
Carey announced the Veteran’s Day Parade in Sanford has been cancelled due to
lack of funding; however, a ceremony will be held at the lakefront at 1:00 p.m.
on November 11.
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Commissioner
Carey advised the Central Florida Zoo “Black Tie on the Wild Side” will be held
this Saturday.
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Commissioner
Carey wished everyone a Happy Thanksgiving.
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Commissioner
Dallari requested appointment of Joe Montisano to the
TDC.
Motion by Commissioner
McLean, seconded by Commissioner Carey to appoint Joe Montisano
to the Tourist Development Council to replace Kathryn Townsend.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner
Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution
#2009-R-234, as shown on page _______, commending Kathryn Townsend for her
service on the TDC.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari advised of a proposed DRI called Rybolt Park
that is located just over the County line in Orange County. He suggested Commissioners receive a briefing
from staff as he is opposed to building a bridge over the Econ River.
County Engineer,
Jerry McCollum, addressed the Board to advise staff is looking at this proposed
development and have the same concerns they have had for 20 years.
Commissioner
Dallari stated there are first response and traffic issues; also, encroachment
into the rural area. He added he
believes the Board should get a full briefing from staff.
Planning
& Development Manager, Allison Stettner,
addressed the Board to advise this DRI is going through the East Central
Florida Regional Planning Council and all the counties in the region will be
able to provide input. She further
advised that Orange County is going through their Comp Plan process at this
time.
Commissioner
Dallari requested staff brief each Commissioner on this proposal prior to the
next BCC meeting so that same can be discussed then.
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Commissioner
McLean commended the Planning & Development Department for working with the
organizers of the Haunted House in Longwood for getting it up and running. He said there were over 12,000 people going
through it in a two-day period.
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Commissioner
McLean advised he attended the dedication ceremony for the Public Safety Center
at Seminole State College.
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Commissioner
McLean briefly reported on the Lake Mary Art Festival held last weekend in
which over 40,000 people attended.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
(w/attachment) dated October 21, 2009, from Reverend Norweida
Maxwell, Mt. Olive Missionary Baptist Church, to Chairman Dallari re:
Appreciation for acknowledgement letter of 126th Church
Anniversary. (cc: BCC)
2.
Letter
(w/attachment) dated October 23, 2009, from Mike McDaniel, Department of
Community Affairs (DCA), to Chairman Dallari re: notification of completed
review of Seminole County’s proposed Comprehensive plan amendment (DCA No.
09-1). (cc: BCC, County Manager)
3.
Copy
of letter (w/attachment) dated October 26, 2009, from Lisa Spriggs, Seminole
County Fiscal Services Director, to Bill Vogel, Seminole County Schools
Superintendent, re: Interlocal Agreement between Seminole County and the
Seminole County School Board relating to Administration of the School Board’s
Share of funds under the Cent for Seminole Local Sales Surtax for the School
Board’s Education Improvement Projects. (cc:
Planning and Development)
4.
Letter
dated October 26, 2009, from Beth White (for Victoria Kroger), St. Johns River
Water Management District (SJRWMD), to Chairman Bob Dallari re: SJRWMD Advanced
Notification of FY 2010-2011 Budget Hearings.
(cc: BCC, County Manager,
Environmental Services)
5.
Copy
of letter (w/attachment) dated October 27, 2009, from Phil Laurien,
East Central Florida Regional Planning Council (ECFRPC), to Joe Forte, Acting
County Manager, re:
ECFRPC 2009-2010 Assessment (Dues).
6.
Letter
(w/attachment) dated October 28 2009, from R. P. Jones, Florida Jai-Alai, Inc.,
to Chairman Dallari re: notification of plans to permanently shut down its
facility located at 6405 S. U.S. Hwy 17-92, Fern Park, FL. (cc: BCC, County Manager, Planning and
Development, County Attorney)
7.
Copy
of letter dated October 28, 2009, from Tonya Guadalupe, St. Johns River Water
Management District, to James J. Smith, PBS&J Engineering, re: Jetta Point
Park, Application No. 40-117-119848-1. (cc: County Manager, Planning and
Development, Parks)
8.
Letter
dated October 29, 2009, from Ray Valdes, Seminole County Tax Collector, to
Chairman Dallari re: Refund check to Seminole County Commission. (cc: BCC,
County Manager, Clerk of the Circuit Court)
9.
Notice
of Sanford Community Redevelopment Agency Meeting of November 4, 2009 received
October 26, 2009, from City of Sanford. (cc: BCC, Planning and Development)
COUNTY
MANAGER’S REPORT
Acting
County Manager, Joe Forte, advised Gary Johnson will be making a presentation
on the unpaved maintenance service level.
Director
of Public Works, Gary Johnson, addressed the Board to give a PowerPoint
presentation (copy received & filed) on the unpaved/emergency maintenance
service road level. He reviewed the
current estimated frequency of service (emergency maintenance) at a total cost
of $29,000. He also reviewed the
scheduled maintenance service response option which would include annual grading
and ditch mowing costs for a total of $142,000.
He said there are unpaved roads remaining in all five districts because
either the property owners were unable to donate right-of-way or they did not
want their road paved.
Chairman
Dallari asked if the Board wanted to make any changes to this program. Whereupon, there was no Board consensus to change the program at this time.
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Carol
Hunter, Environmental Services, addressed the Board to give a PowerPoint
presentation (copy received & filed) on the Yankee Lake FP&L
Substation. She reviewed the history of
the station, advising that when the County started the permitting process for
the Yankee Lake Surface Water Plant, one of the requirements DEP included was
to minimize the impact to the wetlands.
She said the development was constrained to the existing FP&L
transmission corridor and existing wires for power poles were restricted to the
pipeline route. She displayed an aerial
photograph (copy received & filed) of the Yankee Lake property site plan
and discussed same with the Board. She
stated FP&L has requested a substation parcel consisting of five acres and
the footprint of the substation would be 210’ by 310’ which is appraised at
$253,000 with access via Yankee Lake Road.
She explained the immediate benefits would be reduced mitigation credits
($150,000); guy wire relocation cost paid by FP&L ($200,000); and Phase 1
of the plant will receive buried electrical lines by FP&L ($123,000). The long-term benefit would be priority service
to the existing wastewater plant due to close proximity to the substation and
the ability to provide service to the Potable Surface Water Plant. She reviewed the critical milestones as
displayed and advised the next steps for the substation approval process
are: County Attorney to draft perpetual
easement agreement; DRC to review preliminary plan and prepare development
order for BCC approval through a public hearing; FP&L to execute easement
agreement; and staff to bring back the easement agreement during a public
hearing.
Planner,
Alan Willis, Development Review, addressed the Board to display the conceptual
layout (copy received & filed), briefly discussing same with the
Board. He showed a picture of the
natural vegetation of the property, advising a balloon test (copy received
& filed) was performed at a height of approximately 30 feet.
Upon
inquiry by Commissioner Henley, Mr. Willis stated they will keep as much of the
natural vegetation as they can in order to maintain a natural buffer.
Commissioner
Carey said she visited the site and feels it will have very little visual
impact.
Mr. Forte
advised staff needs consensus to bring back the conceptual plan and to move
forward in the process.
The Board,
by unanimous consensus, agreed that
staff and FP&L should move forward with the process, including scheduling a
public hearing for same.
COUNTY
ATTORNEY’S REPORT
County
Attorney, Robert McMillan, distributed, for information only, a draft of an
ordinance requiring mortgage companies and banks that are foreclosing on
properties to register with the County and go through a process for maintenance
of those properties.
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Attorney
McMillan advised of the issue with letters of credit and the FDIC. He said the banks are trying to change the
rules of how those are posted so staff is reviewing the County forms to see
what needs to be done.
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Upon
inquiry by Attorney McMillan, the Board directed that he bring back discussion
on the County Manager’s recruitment process at the next BCC meeting.
ITEMS FOR
FUTURE AGENDA
Paul Squadrito, 977 Big Oaks Drive, addressed the Board to
distribute information (received & filed) on a new economic stimulus card
program, requesting the Board’s cooperation in making the card the best in the
nation. He briefly explained the card
program.
REORGANIZATION
OF THE BOARD
Chairman
Dallari surrendered the gavel to County Attorney, Robert McMillan, in order to
act as temporary Chairman to the BCC.
Attorney
McMillan opened the floor for nominations for the Chairman of the BCC.
Commissioner
Van Der Weide nominated Commissioner Dallari.
Motion by Commissioner
Carey, seconded by Commissioner Van Der Weide to close nominations for BCC
Chairman.
Districts
1, 2, 3, 4 and 5 voted AYE.
Attorney
McMillan called for the vote and all
Commissioners voted AYE. He then announced that Commissioner Bob
Dallari is the newly-elected Chairman.
He passed the gavel to Commissioner Dallari who assumed the position of
Chairman.
Chairman
Dallari opened the floor for nominations for Vice Chairman of the BCC.
Commissioner
Van Der Weide nominated Commissioner Carey.
The
Chairman asked for any other nominations; and hearing none, he called the
question. All Commissioners voted AYE
electing Commissioner Brenda Carey Vice Chairman of the BCC.
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There
being no further business to come before the Board, the Chairman adjourned the
meeting at 2:45 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
cc/slm