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