BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

NOVEMBER 18, 2008

 

 

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 8:33 a.m., on Tuesday, November 18, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Mike McLean (District 2)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Pastor Don Swingle, New Hope Christian Church, Longwood, gave the Invocation.

     Commissioner Henley led the Pledge of Allegiance.

SEATING OF SEMINOLE COUNTY COMMISSIONERS

Commissioner Bob Dallari, who was accompanied by his mother, Dolores Dallari, came forward to be sworn in. 

            The Honorable Judge Donna McIntosh administered the Oath of Office to Commissioner Dallari.

-   - -

     Commissioner Dick Van Der Weide, who was accompanied by his wife, Judy Van Der Weide, came forward to be sworn in. 

     The Honorable Retired Circuit Court Judge Tom Freeman administered the Oath of Office to Commissioner Van Der Weide.

-   - -

     Commissioner Brenda Carey, who was accompanied by her husband, Fairley Carey, came forward to be sworn in.

The Honorable Chief Judge Clayton Simmons administered the Oath of Office to Commissioner Carey.

REORGANIZATION OF THE BOARD FOR 2008/2009

     The gavel was surrendered to County Attorney, Robert McMillan, to act as temporary Chairman to the BCC.  He opened the floor for nominations for the Chairman of the BCC. 

     Commissioner McLean nominated Commissioner Dallari for Chairman of the BCC for 2008/2009. 

     Commissioner Van Der Weide moved that the nominations be closed. 

     Districts 1, 2, 3, 4 and 5 voted AYE to close the nominations. 

Districts 1, 2, 3, 4 and 5 voted AYE to elect Commissioner Dallari as Chairman of the Board of County Commissioners for 2008/2009.

     Mr. McMillan advised that Commissioner Dallari has been elected Chairman of the BCC for 2008/2009. 

     The gavel was surrendered to Chairman Dallari. 

     Chairman Dallari opened the floor for nominations for Vice Chairman of the BCC for 2008/2009. 

     Commissioner Henley nominated Commissioner McLean for Vice Chairman of the BCC for 2008/2009. 

     Commissioner Carey moved that the nominations be closed. 

     Districts 1, 2, 3, 4 and 5 voted AYE to close the nominations. 

Districts 1, 2, 3, 4 and 5 voted AYE to elect Commissioner McLean as Vice Chairman of the Board of County Commissioners for 2008/2009.

 

     Chairman Dallari announced that Commissioner McLean has been elected Vice Chairman of the BCC for 2008/2009. 

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     Chairman Dallari recessed the meeting at 8:40 a.m., reconvening it at 9:30 a.m., with all Commissioners and all other Officials who were present at the Opening Session.

     Chairman Dallari thanked everyone for their support and  Commissioner Carey for the leadership for the past year and for the work that she has performed as Chairman.  He reminded everyone that the Seminole County Employee Health Fair is going on at the Ag Center and he encouraged all the employees to try to attend.

AWARDS AND PRESENTATIONS

     Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-240, as shown on page _________, recognizing Pam Hastings for thirty years of dedication and commitment to Seminole County Government and its citizens upon her retirement on January 2, 2009.

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

     The Board presented the Resolution and flowers to Ms. Hastings, who addressed the Board to briefly express her appreciation.

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     Tre Harris, Acting President, and Kathleen Green, Vice President, Habitat for Humanity, addressed the Board to thank Commissioner Carey and the Seminole County Board of County Commissioners for their work and for providing a $600,000 grant to help fund the construction of five homes at the corner of 18th Street and Pear Avenue in Sanford.  Ms. Green stated five families entered their new homes this summer and they will be celebrating their first Christmas.  She stated they are looking forward in continuing this partnership and they will be developing five more homes on Merthie Avenue as well as continuing the construction of the Todd Village.

     Commissioner Carey stated this is an area that really needed a boost to start redevelopment of a small community and this has made a big difference to the residents.  She stated she believes the partnership they have with Habitat for Humanity is working really well in Seminole County.

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     Ray Gilley, Metro Orlando Economic Development Commission (EDC) President/CEO, addressed the Board to give an annual update of the Metro Orlando EDC.  He introduced Deklund Riley, Maureen Brockman and Tracy Turk.  He began his update by reviewing a PowerPoint Presentation (received and filed) that relates to Some Blockbuster Achievements; Tough Times Involving Drama & Intrigue; Total Revenue for 2008/2009 that equals $6.3 million; and Looking at the Big Picture of the Year End Results.

Deklund Riley, Metro Orlando EDC, addressed the Board to display and review the following:  Strategic Plan for 2008/2009 relating to Primary Purpose of Retaining; Expanding & Recruiting Business Industry; and the Primary Role is to Create Direct Exposure.

Maureen Brockman, Metro Orlando EDC, addressed the Board to review What’s Hot in the Tech Sector; Film & Digital Media; International Investment/Trade; and Marketing.  She stated the High Definition Economic Development coming attraction will be premiering in January 2009. 

     Tracy Turk, Metro Orlando EDC, addressed the Board to give an overview of their establishments this year; the Seminole success story; and the positive results at their facility in Heathrow.  She stated the EDC is continuing to work with the cities and Seminole County in producing market materials on an as-needed basis.  She displayed and reviewed the Priority Areas (17-92 Corridor, Orlando-Sanford International Airport, and Rand Yard); Filming in Seminole County; New Projects that are in the Pipeline; Number of Articles that are in recent issues; and Upcoming Events.

     Commissioner McLean complimented the EDC in keeping the business market at the forefront even with the challenging economic times they are dealing with.  He stated he would like to thank the EDC for the efforts they have done throughout the year. 

     Mr. Gilley stated the BCC has made strategic wise investments in community building and economic development over the years.  A lot of hard work has been done throughout the years and the BCC has set a very high benchmark.  The EDC is proud to have Seminole County as part of the Metro Orlando team.

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     Chairman Dallari recessed the BCC meeting at 10:10 a.m. for the purpose of convening the Hwy 17-92 Community Redevelopment Agency meeting. 

US 17-92 CRA

     Cindy Coto, County Manager, addressed the Board to state staff is recommending that the U.S. 17-92 CRA Redevelopment Interlocal Agreement for Median Beautification Project be pulled and be brought back on December 9, 2008 so that the Leisure Services department can look at the landscaping plan to be sure that there are appropriate plans in that area.

     Commissioner Carey stated she noted that the landscaping plan shows an oak tree and she feels that is not needed out there because it is not drought tolerant.  She stated since the Leisure Services Department is going to have an opportunity to review this, maybe the Board could approve it if it is a time-sensitive issue.

     John Metsopoulos, Economic Development, addressed the Board to state he has no problem postponing this item.  He stated Commissioner Dallari has been a strong leader in getting procedures and policies in place.  When these projects come before the Board for final approval, they have been reviewed by the appropriate department and they meet the County standards.

     Commissioner Henley stated he feels it is important that the Board fully understand what they are doing.  He stated he understands that after five years they are going to have to take over the load as the city of Sanford has agreed to handle the maintenance until then, and that is going to be a real problem for Seminole County.  He stated when the Lowe’s project was done, he believes the Board asked for some policies to be developed on the project selection and on the distribution of funds; and he has not seen those yet.

     Chairman Dallari stated one of the things they tried to do on the RPA was to put in those criteria so that each project would fill that out.  That way they would know how the projects would be funded, where the funds will come from, and who will maintain it.  He stated he is concerned that these projects are not coming to the CRA Board in a timely manner.  The Board heard from the projects in September and October and one thing they asked staff to do was work with the applicant to fill out an application, submit it to each Board member, and set up individual meetings with the BCC, and he has not heard or seen that.

     Commissioner Carey stated about three weeks ago the Patio Grill issue was placed on the CRA agenda and then she was told that it may be pulled because they did not get the information together.  She said she received a call from Sanford City Commissioner Randy Jones to discuss this particular project.  Staff met with the potential applicant in January 2007 and almost two years later the applicant is ready to open the business.  This building was in the process of being demolished but ended up not being demolished and it was redeveloped.  If part of the County’s mission is to redevelop 17-92, then they need to do things to make sure the infrastructure is there.  There must be an incentive for people to come to Seminole County in order for them to redevelop the 17-92 area.  She said she has real concerns about what is going on in this area.

     Commissioner Henley stated it troubles him when a project is almost to the fullest stage before it gets to the BCC.  It looks like they are coming in after-the-fact.  He said he agrees that part of their job is to entice new business in the area or redevelopment, but if they do not know about things ahead of time, then he is reluctant to jump in at the end of the game.  He added he is looking forward to getting a complete set of guidelines that will be used in dealing with any industry before he is willing to give away money. 

     Commissioner McLean stated this is an issue of process or lack thereof.  He stated the Board needs to have the information so they are in a position of knowing if this is something that fits the criteria. 

     Chairman Dallari stated he has been assured by Ms. Coto that these things will be dealt with and brought back to the Board post haste.  He stated he feels it is important that the issue of Patio Grill needs to move forward. 

     Commissioner Carey stated the Patio Grill process has been in the pipeline for two years and they should have been given the grant application.  Patio Grill cannot be hung up on this because the County cannot get their act together.

     Sanford City Commissioner Randy Jones addressed the Board to state this project was brought to his attention by the realtor of the property in January 2007.  He informed the CRA staff that the Patio Grill project will be coming up.  The applicant was informed that the City was in the process of demolishing the building.  The motion to demolish was granted, however; there was a stipulation to postpone it subject to several conditions in which the applicant met.  The applicant posted a surety bond on the property in the amount of $20,000 on March 21, and within 45 days the project changed hands through a sale on April 19, 2007.  Appropriate building permits were issued on June 19, 2007.  He stated his frustration with this was this project was brought in through the Small Business Improvement program.  There are a set of forms available and those go through the history of the property, what the current use is, and what the future use will be.  The applicant has moved forward in good faith to rehab this property and this is not an after-the-fact issue.  

     Commissioner Henley pointed out that this was an after-the-fact issue in getting to this Board.  He stated because someone approaches one commissioner does not put it in the pipeline, but what gets it there is filling out the appropriate application for a grant.  He said he spoke to Lowe’s before they closed on the property and their concern was the stop light.  They did not request or mention a CRA grant at any of their meetings and then they came in before they were finished building asking for money.  That needs to be straightened out. 

     Commissioner Van Der Weide stated he feels they need to get everything resolved.  He stated it doesn’t sound like it was in the pipeline, but he feels staff can resolve this and get it moving.

     Commissioner Carey stated she did not discuss this with Commissioner Jones until this past weekend.  The issue is it should have been in the pipeline and staff has been dealing with this process since January 2007.  She said she doesn’t want the customer to be held in a negative light because it isn’t anything he has done to cause this situation.

     Chairman Dallari asked that staff contact Patio Grill to inform them what was discussed today.   

     Upon inquiry by Commissioner Carey, Chairman Dallari advised that this item will be brought back at the December 9 meeting.

     City Commissioner Jones stated he will discuss this more in depth with each Board member.

     Chairman Dallari requested that the County Manager remind staff to set up meetings with the applicant.

     Commissioner Henley stated he would like to know the status of the study.

     Alison Stettner, Planning Manager, addressed the Board to advise that study is underway to look at the utilization of the parcels in the Fern Park area.  They are planning to wrap it up by January and a full report will come back to the Board at that time.

     Chairman Dallari requested that staff update each Board member prior to January.

     Commissioner Carey stated as staff looks toward this item, hopefully they will come up with a typical landscaping section of what this will look like.  It would be nice to try to make it uniform.

     Commissioner Van Der Weide stated he and Commissioner McLean will be attending the Regional Planning meeting tomorrow and he will yield to him to find out exactly where this project is and what the expected time is that they will finish this.

Chairman Dallari adjourned the CRA meeting at 10:33 a.m., reconvening the BCC meeting at 10:45 a.m.

COUNTY MANAGER’S CONSENT AGENDA

     Ms. Coto introduced the new Community Services Director, Michele Saunders (Item #5).  She stated part of Item #11, Amendment to One-Year Action Plan, requirement is to go out and solicit public comments and those have been added to the back-up information. 

     Ray Hooper, Purchasing Manager, addressed the Board to inform Commissioner McLean that all the criteria for Item #7, Award CC-3705-08, have been met. 

     Commissioner McLean stated Seminole County is looking forward to working with the Central Florida Sports Commission (Item #16) in attracting sporting events and he would like to thank them for their participation.  He stated he would like to compliment Mr. Abel and his team for their work on Item #29, Approve Resolution amending Leisure Services Fee Schedule.

     Buddy Balagia, Community Assistance, addressed the Board to discuss with Chairman Dallari regulations regarding Item #11, Amendment to One-Year Action Plan. 

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

County Manager’s Office

5.  Confirm the appointment of Michele Saunders as Community Services Director effective January 12, 2009.

 6.  Adopt appropriate Resolution #2008-R-242, as shown on page ________, recognizing Indian/Heath Springs as a unique natural resource deserving of permanent protection; and recognizing the village of Geneva community for working diligently to protect and preserve the Springs, both as a historic site and as a protective measure for the Geneva Freshwater Lens.

 

Administrative Services

Purchasing and Contracts

 7.  Award CC-3705-08/RTB, as shown on page ________, (4) Branch Library HVAC Replacements in the amount of $548,000.00 to Jacaranda Air Construction, Inc., Glen St. Mary, Florida, for all labor, materials, equipment, tools, transportation, services and incidentals necessary for the replacement of four (4) Branch Library HVAC systems at the North Branch located at 150 N. Palmetto Avenue, Sanford, Florida; the Northwest Branch located at 580 Greenway Blvd., Lake Mary, Florida; the East Branch located at 310 Division Street, Oviedo, Florida; and the West Branch located at 245 N. Hunt Club Blvd., Casselberry, Florida.

 8.  Award CC-3709-08/JVP, as shown on page ________, Construction Contract for SR 434 (Montgomery Road to I-4) in the amount of $8,898,078.56 to John Carlo Inc. of Orlando, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary to widen SR 434 to six (6) lanes from Montgomery Rd. to I-4.

 9.  Award RFP-600453-08/BJC, as shown on page ________, Tourism Marketing Services to Paradise Advertising & Marketing, Inc., St. Petersburg (Not-to-Exceed $419,500.00 per year).

10.  Approve the negotiated rates and award PS-3615-08/RTB, as shown on page ________, Design Services for Communication Tower Repair and Replacement to KPFF Consulting Engineers of Seattle, Washington, and Paul J. Ford and Company of Orlando, FL (Estimated Usage Amount of $500,000.00 over the term of the Agreement).

 

Community Services

Community Assistance

11.  Approve Amendment, as shown on page ________, to the 2008-2009 One-Year Action Plan of the 2005-2009 Consolidated Plan, adding the Neighborhood Stabilization Program (NSP) funding of $7,019,514.00 from the U.S. Department of Housing and Urban Development (HUD) to address the high incidence and predicted foreclosure rate of identified areas of Seminole County.

12.  Appoint Darien Oliver as a Target Area Representative to serve on the Community Service Block Grant Advisory Board.

13.  Approve and authorize the Chairman to execute the Community Service Agency Grant Agreements, as shown on page ________, for the 2008-2009 budget year for the following:  Salvation Army Family Focus Program; Seminole County Victim’s Rights Coalition, Inc.; Visiting Nurse Association of  Central Florida, Inc.; Lighthouse Central Florida, Inc.; Seminole Community Volunteer Program, Inc.; Meals on Wheels, Etc., Inc.; Kids House of Seminole, Inc.; Intervention Services, Inc.; Seminole County Public Schools Midway Safe Harbor Center; Seminole Work Opportunity Program; Boys & Girls Clubs of Central Florida, Inc.; The Christian Sharing Center, Inc.; The Seminole County Coalition for School Readiness, Inc.; and Special Olympics Florida, Inc.

14.  Approve and authorize the Chairman to execute the Satisfactions of Second Mortgage, as shown on page ________, for the following households assisted under the County's Home Ownership Assistance Program or the Emergency Repair Housing Program:  Pamalin D. Byrd; Jovo and Mirjana Djukic; Pastella Florence; Dion Jackson and Evonda Pierce; Patrick and Jervine Johnson; Julia Jones; Odesssa Jones; Rosa Keitt; James H. & Susie London; Antonio and Julia Lopez; Amos Lovett, Jr.; Classie Martin; Louisa Maye; John and Louthenia Mitchell; Ruby Molden; Rosetta Prince; Adeline and Eddie Tinsley; Kira Walther; Darlene L. Woodworth; and Florida Young and Lee Young.

 

Economic Development

Operations

15.  Adopt appropriate Resolution #2008-R-241, as shown on page ________, approving the issuance of industrial development revenue bonds not to exceed $65,000,000.00 for the purpose of financing the acquisition, construction, renovation, improvement and equipping of social service and education centers. Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page ________, between Seminole County and the Orange County Industrial Development Authority.

 

Tourism Development

16.  Approve and authorize the Chairman to execute an Agreement, as shown on page ________, between Seminole County and The Central Florida Sports Commission (CFSC) for the purpose of attracting sporting events to Seminole County, at a fixed fee of $115,817.00 per year for three years.

 

 

 

Environmental Services

Business Office

17.  Adopt appropriate Resolution #2008-R-251, as shown on page ________, reflecting utility rates as amended for indexing as approved September 12, 2006.

Planning, Engineering & Inspections

18.  Accept the Utility Easement, as shown on page ________, executed by Alaqua Lakes HOA and Heritage Golf Alaqua Lakes, LLC in support of Seminole County's CIP project--Reclaim Retrofit Phase II (Alaqua Lakes Subdivision).

Solid Waste Management

19.  Approve and authorize the Chairman to execute Seminole County and City of Casselberry Solid Waste Management Agreement, as shown on page ________.

20.  Approve and authorize the Chairman to execute Seminole County and City of Oviedo Solid Waste Management Agreement, as shown on page ________.  

21.  Approve and authorize the Chairman to execute Consent Agreement, as shown on page ________, with Seminole Energy LLC and Bank of New York Mellon.  

22.  Approve renewal of Non-Exclusive Franchise Agreements for Commercial Solid Waste Collection Services, as amended, for the following firms for a period from October 1, 2008 to September 30, 2009:  One Waste Services, Inc., d/b/a Metro Waste Services; Republic Services of Florida, LP; Waste Management, Inc. of Florida; Waste Pro of Florida, Inc.; and Waste Services of Florida, Inc.

23.  Approve and authorize the Chairman to execute Certificates, as shown on page ________, of Public Convenience and Necessity for the following companies:  (1) 4 Jays – Management, Inc., (2) Clean Site Services, Inc., (3) Coniglio Construction, Inc., (4) EQ Florida, Inc., (5) PCM Construction Services, LLC, (6) RMD Americas of Florida, LLC, and (7) SP Recycling Corp.

 

Fiscal Services

Administration

24.  Approve and authorize the Chairman to execute the Replacement Grant Agreement, as shown on page ________, between the Florida Division of Emergency Management and Seminole County in acceptance of $39,899.00 in funding through their Homeland Security grant program.

Budget

25.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-243, as shown on page ________, implementing Budget Amendment Request (BAR) #08-99 through the General Fund in the amount of $8,696.00 to true up budget to actual revenues received in FY2007/08 from the $65 Additional Court Cost Fee (FS 939.185).

26.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-244, as shown on page ________, implementing Budget Amendment Request (BAR) #09-06 through the MSBU Lake Mills Fund in the amount of $31,300.00 to increase funding for Lake Mills MSBU fund aquatic weed control.

27.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-245, as shown on page ________, implementing Budget Amendment Request (BAR) #09-07 through the Solid Waste Fund in the amount of $1,000,000.00 to increase funding of the Landfill Gas System Expansion Project.

 

Leisure Services

Greenways and Natural Lands

28.  Approve and authorize the Chairman to execute a new Caretaker Agreement, as shown on page ________, with Adam J. Gentry, Seminole County Deputy Sheriff, for the Chuluota Wilderness Area.

Parks and Recreation

29.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-246, as shown on page ________, amending Section 20.35, “Leisure Services Schedule”, within Section 20 (“Fee Resolutions”) of the Seminole County Code Administrative Code.  

 

Planning and Development

Building

30.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-247, as shown on page _______, renaming Tall Pine Court to Crooked Oak Court.

Development Review

31.  Authorize the release of the Maintenance Agreement (Road Improvements) and Letter of Credit #07-10-18-06 in the amount of $33,858.38 for the Mikler Road Property, LLC - Regency Estates Phase II road improvements.

 

Public Works

Engineering

32.  Approve an Offer and Purchase Agreement, as shown on page _______, and Addenda, as shown on page _______, between Florida Department of Transportation and Seminole County; adopt appropriate Resolution #2008-R-248, as shown on page _______; and authorize the Chairman to execute a County Deed, as shown on page _______, selling property necessary to construct the Commuter Rail Station in Lake Mary to the Florida Department of Transportation (FDOT Parcel No. 103.1R).

Roads-Stormwater

33.  Approve and authorize the Chairman to execute a Revenue Agreement, as shown on page _______, between Seminole County and the St. Johns River Water Management District for the Seminole County Watershed Action Volunteer (WAV) Program Coordination.  

34.  Approve and authorize the Chairman to execute the annual Agreement, as shown on page _______, between the University of Florida and Seminole County for the Seminole County Florida Yards and Neighborhood Program.

 

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

 

 

 

CONSTITUTIONAL OFFICERS

 

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

CLERK’S OFFICE

A.   Expenditure Approval Lists, as shown on page _________, dated October 13, 20 & 27, 2008; and Payroll Approval List, as shown on page _________, dated October 16, 2008; approval of BCC Minutes dated October 14, 2008; and noting, for information only, the following Clerk’s “received and filed”:

 

 1.  Certificate of Acceptance, as shown on page ___________, of Subgrant Award for the Aggressive Driving Enforcement/Edward Byrne Grant as approved by the BCC on July 22, 2008. 

 

 2.  Parks Contracts, as shown on page __________, as follows:  Lenon Anderson, Jared Boop, Julie Boop, Stephen B. Dodd, Susan Dodd, Sandra L. Field, Peter Donald Gillich, John Marzulio, Bradley Motzer, David D. Mease, Jr., Delma Rosa, Jason A. Smith, James Stiles, Cera Smith, and James Brown. 

 

 3.  Maintenance Bond, as shown on page _________, for Westwood Village in the amount of $3,390. 

 

 4.  Customer Agreement, as shown on page _________, for Reclaimed Water Rates & Reclaimed Water Flow, Distribution, Delivery & Spray Easement for The Institute of Internal Auditors, Inc. 

 

 5.  Customer Agreement, as shown on page _________, for Reclaimed Water Rates & Reclaimed Water Flow, Distribution, Delivery & Spray Easement for Sunshine Lake Mary LLC – Hyatt Place Hotel. 

 

 6.  D.O. #08-30000087, as shown on page ________, Leonard & Zaida Wilson, Hampstead Terrace. 

 

 7.  Corrected Revised & Restated D.O., as shown on page ________, for Comfort Rooms PUD. 

 

 8.  Memorandum from Sharon Peters, County Manager’s Office, to Sandy McCann, Commission Records Office, dated October 14, 2008, re:  Outstanding BCC Documents List #32. 

 

 9.  Amendment, as shown on page ________, to Planning Funding Agreement with Sprint Nextel on 800MHz Rebanding. 

 

10.  Parks Contracts, as shown on page ________, as follows:  Lisa CilFone, Robert Chad Howell, Gregory R. Johnson, James L. Speake, Jr., Ja-Net C. Fishback, Joel Lipscomb, Angel O. Marrero, George Quinones, Robert Shaw Young, Daniel P. Boevers, John Fiorenza, Joseph G. Santora, Cera Smith, Geraldine R. Terito, Jeffery S. Terito, Richard-John Vazquez, John Parisi, Gerald S. Ryden, Frank L. Rogers, Benny Cutcher, Ronald K. Moyer, Jr., Clifford Franke, German Rivera, Joseph A. LaRosa, Kenneth Rowland, Jennifer Kaiser, Luis A. Santiago, Neil Miller, Tracy Y. Morgan, Marie Luise Tims, Ronald Yanko, DeWitt Hazzard, Jane L. Koubek, Ronald K. Shea, Jeames J. Peters, Tammy Childs, George Raymond Parker, and Michael D. Luffler. 

 

11.  Copy of memorandum from Chief Penny Fleming, Sheriff’s Office, to the BCC dated October 14, 2008 re:  Sheriff’s Office FY 2007/08 Budget Closeout. 

 

12.  W.O. #33, as shown on page ________, to PS-1074-06. 

 

13.  Cash Maintenance Bond & Escrow Agreement, as shown on page ________, for Little Pros Day Care in the amount of $401.17. 

 

14.  Proof of publication, as shown on page ________, for the VAB Special Magistrate exemption hearings to be held November 6 & 10, 2008. 

 

15.  Bill of Sale, as shown on page ________, and Letter accepting water and sewer in Westwood Village. 

 

16.  D.O. #07-20500007, as shown on page ________, for Cathcart Florida/Mikler, Inc. Warehouse Rezone approved by the BCC on April 22, 2008. 

 

17.  D.O. #08-3000044, as shown on page ________, for Juan Hernandez. 

 

18.  Local Agency Program Agreement, as shown on page ________, with FDOT for the design of audible pavement markings along Osceola Road as approved by the BCC on July 22, 2008. 

 

19.  Title Opinion, as shown on page ________, for Ja-Ben Estates. 

 

20.  Memorandum from Liz Parkhurst, Planning & Development, to Sandy McCann, Commission Records, dated October 21, 2008, re:  P&D outstanding documents. 

 

21.  Interlocal Termination Agreement, as shown on page ________, with regard to the landscape and irrigation maintenance with the City of Longwood, as approved by the BCC on August 12, 2008. 

 

22.  Title Opinion, as shown on page ________, for Hanover Pointe Replat. 

 

23.  Audit of the use of Transportation Impact Fees Part 2 by the Clerk of the Circuit Court. 

 

24.  M-3947-08 Agreement, as shown on page ________, with Bowyer-Singleton & Assoc. 

 

25.  W.O. #4, as shown on page ________, to PS-5186-05. 

 

26.  W.O. #10, as shown on page ________, to CC-2190-07. 

 

27.  W.O. #11, as shown on page ________, to CC-2190-07. 

 

28.  W.O. #11, as shown on page ________, to RFP-4240-05. 

 

29.  RFP-600509-08 Consultant Services Agreement, as shown on page ________, with Cityscape Consultants, Inc. 

 

30.  6th Amendment, as shown on page ________, to RFP-600094-06. 

 

31.  C.O. #1, as shown on page ________, to CC-2938-07. 

 

32.  C.O. #1, as shown on page ________, to W.O. #9 to CC-1284-06. 

 

33.  W.O. #15 & #16, as shown on page ________, to PS-5124-02. 

 

34.  Amendment #1, as shown on page ________, to W.O. #28 to PS-1074-06. 

 

35.  W.O. #9, as shown on page _________, to CC-1284-06 Close-out. 

 

36.  W.O. #1, as shown on page _________, to PS-3018-08. 

 

37.  W.O. #12, as shown on page ________, to CC-2190-07. 

 

38.  Amendment #1, as shown on page ________, to W.O. #1 to PS-0709-06. 

 

39.  W.O. #104, as shown on page ________, to PS-5165-04. 

 

40.  First Amendment, as shown on page ________, to RFP-600093-08. 

 

41.  Amendment #1, as shown on page _________, to W.O. #1 to PS-1666-07. 

 

42.  DB-0577-06 Close-out documents, as shown on page ________. 

 

43.  W.O. #30, as shown on page ________, to RFP-0225-05. 

 

44.  C.O. #1, as shown on page __________, to CC-1262-05. 

 

45.  W.O. #13, as shown on page ________, to CC-2190-07. 

 

46.  Copy of letter to Florida Department of Revenue transmitting the FY 2008/09 Certification and TRIM Compliance documents, as shown on page_____. 

 

47.  W.O. #62, as shown on page ________, to PS-5120-02. 

 

48.  Amendment #2, as shown on page _________, to W.O. #59 to PS-5120-02. 

 

49.  W.O. #61, as shown on page ________, to RFP-4214-04. 

 

50.  W.O. #41, as shown on page ________, to PS-1074-06. 

 

51.  C.O. #3, as shown on page ________, to RFP-0613-06. 

 

52.  W.O. #42, as shown on page ________, to PS-1074-06. 

 

53.  C.O. #2, as shown on page ________, to W.O. #10 to CC-0012-05. 

 

54.  C.O. #1, as shown on page ________, to W.O. #10 to CC-1284-06. 

 

55.  W.O. #2, as shown on page ________, to PS-2825-07. 

 

56.  Amendment #1, as shown on page ________, to W.O. #41 to PS-5120-02. 

 

57.  Amendment #1, as shown on page ________, to W.O. #1 to PS-1167-06. 

 

58.  W.O. #16, as shown on page ________, to CC-1075-06 Close-out. 

 

59.  Amendment #1, as shown on page ________, to W.O. #21 to PS-1501-06. 

 

60.  W.O. #22, as shown on page ________, to PS-1501-06.

 

61.  Interlocal Termination Agreement, as shown on page ________, with regard to landscaping and irrigation maintenance with the City of Oviedo.  

 

62.  Bids for the following:  IFB-600519-08; RFQ-600522-08; RFP-600503-08; IFB-600515-08; RFP-600511-08; and CC-3645-08. 

 

SHERIFF’S OFFICE

36.  Chairman to execute the Acceptance Award, as shown on page _______, for the COPS 2008 Child Sexual Predator Program and process the associated Budget Amendment Resolution #2008-R-252, as shown on page ________, in the amount of $494,825.00 for the FY 08/09 Sheriff’s Office budget.

37.  Approval of Budget Amendment Resolution #2008-R-249, as shown on page ________, #09-13, recognizing $96,203.00 in additional FY 2008/09 SCAAP revenues and correspondingly increasing the Sheriff’s FY 2008/09 operating budget by an equivalent amount.

 

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

 

REGULAR AGENDA

 

     Lin Polk, Budget Manager, addressed the Board to present the Capital Improvement Project Budget Proposal Resolution for Fiscal Years 2008/09 through and including 2012/13.  Ms. Polk advised the project budgets included in the first year of the CIP are formally adopted appropriations of the FY 2008/09 budget.  Project future budget requests for the remaining years are part of the County’s overall CIP plan.

     Fred Coulter, Fiscal Services, addressed the Board to state the CIP book is organized by Comp Plan elements and not all projects in this book are in the Comp Plan.  He displayed a PowerPoint Presentation (not received and filed) and began his presentation by reviewing the CIP Project by Element Over the Past Year; Where the Funding for these Projects Come From; the Departments Involved in the CIP; the Major Issues Involved in the CIP Book (Majority of Funding for Jetta Point and 2001 Infrastructure Sales Tax Collections); and New Debt Issuance of Water & Sewer Projects. 

     Commissioner Carey stated she would like to have the big picture as the documentation just says water quality plant upgrades and they do not know what those projects are.  She stated she feels it is important that this Board understand where they are at in this process.

     Chairman Dallari recommended scheduling a work session on that issue in 2009.

     Motion by Commissioner McLean, seconded by Commissioner Carey to adopt the Capital Improvement Project Budget Proposal Resolution #2008-R-250, as shown on page _______, for Fiscal Years 2008/2009 through 2012/2013.

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

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     Ian Sikonia, Planning, addressed the Board to present request for approval of the Final Master Plan and Developer’s Commitment Agreement for the Comfort Rooms PUD, consisting approximately 0.35 acres, located on the northeast corner of the intersection of Elder Road and Church Street, Stephen Ferrando, which consists of an office/warehouse building.  The Comfort Rooms of Florida builds glass rooms, sunrooms, screen rooms, and conservatories.  The Future Land Use designation of the subject property is Higher Intensity Planned Development-Target Industry (HIP-TI).  The project will contain a total of 3,900 sq. ft. of Office/Warehouse space.  Office uses are limited to 1,300 sq. ft. and the warehouse uses are limited to 2,600 sq. ft.  The applicant is proposing uses from the C-3 (General Commercial & Wholesale) and M-1A (Very Light Industrial) zoning districts.  Staff recommends approval of the request.

     Commissioner McLean stated staff’s report mentions limitation of office and warehouse use and he sees nothing that specifically discusses that in the developer’s commitment agreement.

     Mr. Sikonia stated the limitations are going to be based on the final master plan.  The developer’s commitment agreement specifically points out the warehouse and office uses on the plan and it is limited to the number of parking spaces provided.

     Upon inquiry by Commissioner McLean, Mr. Sikonia advised staff can place the square footage of the office and warehouse uses in the developer’s commitment agreement.

     Commissioner Carey stated the site plan shows what the office and warehouse amount will be.

     Commissioner McLean stated the master suite and the utility plan show different square footage amounts and that prompted him to take a closer look at the developer’s agreement.  He stated this should be placed in the developer’s commitment agreement.

     Motion by Commissioner Carey, seconded by Commissioner Henley to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, for the Comfort Rooms PUD, consisting approximately 0.35 acres, located on the northeast corner of the intersection of Elder Road and Church Street, Stephen Ferrando, based on staff findings and the comments provided regarding the square footage to be placed in the Developer’s Commitment Agreement.

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

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     Austin Watkins, Planning, addressed the Board to present request to approve the Final Master Plan and Developer’s Commitment Agreement for the Greenway Pointe PUD Parcel A, Aloma Walk, consisting of approximately 14.00 acres, located on the northwest corner of the intersection of Aloma Avenue and Clayton’s Crossing Way, John Joyce.  The proposed Final Master Plan contains 88,295 sq. ft., with 46,031 sq. ft. of grocery store, 19,764 sq. ft. of retail in the main anchor of the development, 5,500 sq. ft. of retail/fast food in a separate building, and three retail outparcels totaling 17,000 sq. ft.  The development order allows for uses within the C-2 and R-4 zoning districts.  Staff finds that the requested PUD Final Master Plan complies with all conditions outlined in the development order.  The applicant is requesting a waiver to the Active/Passive Buffering standards.  The Seminole County Land Development Code requires a 25 ft. buffer, with 8 canopy trees per 100 linear ft., and 6 ft. brick or masonry wall.  The applicant is proposing alternate buffering standards consisting of 15 ft., 2.25 canopy trees per 100 linear ft, 4.5 understory trees per 100 linear ft., 38.25 shrubs per 100 linear ft., and 6 ft. brick or masonry wall.  Staff finds that the requested buffer provides a similar level of opacity/screening and meets the intent of the Land Development Code.  Staff recommends approval of the request.

     Commissioner Carey stated the development order doesn’t speak to reclaim water and she would like to have something in that so the applicant establishes those lines for reclaim.

     At the request of Chairman Dallari, Mr. Watkins showed where the buffer is on the eastern side as well as the location of the retention area. 

     District Commissioner Dallari stated he doesn’t have an issue with the site plan and he recommends approval.

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, for the Greenway Pointe PUD Parcel A, Aloma Walk, consisting of approximately 14.00 acres, located on the northwest corner of the intersection of Aloma Avenue and Clayton’s Crossing Way, John Joyce, including the comments relating to reclaimed water. 

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

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     Tina Williamson, Assistant Planning Manager, addressed the Board to present request to reduce the Code Enforcement Board Lien for Case #08-120-CEB on property located at 3549 Moss Pointe Place, Lake Mary – HSBC Bank, USA, Trustee.  She reviewed the background of the violation as outlined on page 2 of the Agenda Memorandum.  She stated staff is recommending a reduction from $12,000 to $4,800 plus administrative cost of $609.84.

     Commissioner Henley stated he is pleased to see that staff is recommending some type of penalty and not just stick to the actual cost.  He stated he concurs with staff comments.

     Commissioner McLean stated he tends to agree that 40% is better than nothing, but he feels they need to reexamine that as an entity if they are going to establish a benchmark. 

     Commissioner Carey stated the overall guidelines that were adopted in 1999, and in light of all the foreclosures and bank issues, this may be a good time to review those guidelines.  She stated there will be some unique situations coming up in the next few years and the Board needs to think about how they are going to deal with them.

     Commissioner Henley stated the Board has the authority to reduce those guidelines, but he feels with what is going on with code violations, the Board may need to stiffen up those guidelines.  The Board had discussions with regard to situations where banks evict but don’t foreclose; therefore they don’t feel they are responsible for keeping the property up.  These types of things would allow them to recoup some money to help them pay for cleaning up the property before the foreclosure comes in.

     Commissioner Van Der Weide stated there is going to be a lot of exceptional cases that may come forward.  The district commissioners have a lot of flexibility and he would hate to see that given up by putting in unnecessary guidelines restricting those efforts. 

     Commissioner Carey stated when there is a public safety issue, the Board needs to address that and fix the issue so there won’t be a dangerous situation.

     Commissioner Henley stated he feels the flexibility of this Board will always remain there, but when they look at the big picture, a great deal of these are being picked up by banks or by speculators.  He stated he doesn’t want to get to the point where they don’t consider each individual situation.

     Motion by Commissioner Henley, seconded by Commissioner Carey to approve a reduction to the Code Enforcement Board lien from $12,000 to $5,409.84, which represents a 60% reduction of the total lien plus administrative costs of $609.84 for Case #08-120-CEB on property located at 3549 Moss Pointe Place, Lake Mary – HSBC Bank, USA, Trustee, and require those costs to be paid within 60 days or the lien will revert to its original amount ($12,000), and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien, as shown on page _________.

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

COUNTY ATTORNEY’S BRIEFING

     No Report.

 

 

COUNTY MANAGER’S REPORT

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize the previous Chairman (Commissioner Carey) to execute the payroll until a new signature plate is made.

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

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     Ms. Coto reminded the Board that a Risk Management meeting is scheduled immediately following this meeting. 

LEGISLATIVE UPDATE

     Sabrina O’Bryan, Assistant County Manager, addressed the Board to submit the 2009 Legislative Priorities and Funding Partnership Requests (received and filed).  She stated the items submitted were based purely on carry over from the Legislative session last year.  She began by reviewing the five top State Legislative Priorities as outlined on page 1 of the handout.  She stated staff wants to get the Board’s feelings on whether or not they approve of those priority items. 

     Commissioner Carey stated the one thing that needs to be at the top is resolving the liability issue for commuter rail.  If that is not done by June 2009, the agreements will then go away.    Commissioner Henley stated the MetroPlan and the Florida Urban Transportation Coalition are in support of protecting existing trust funds.  Every time the trust funds are raided, MetroPlan and FDOT have to push the projects further out.  There have been discussions of raiding the Retirement System Fund as well as looking at the Transportation Trust Funds and the Lawton Chiles Trust Fund.  He stated he would like the Board to support the concept of protecting the existing trust funds.

     Commissioner Carey stated she feels that needs to be pushed up to FAC to be a statewide lobbying effort. 

     Chairman Dallari stated he agrees that the Budget should not be balanced by removing monies from the trust funds.

     Commissioner Henley stated the funds were set aside for specific purposes.  They are not solving government problems but compounding them if they don’t deal with the budget in a responsible way, even if it means they have to increase taxes in order to do it.  One option is to eliminate some of the exemptions.

     Commissioner McLean stated he will be attending the FAC Board of Director’s meeting tomorrow and he will be glad to bring that issue up.

     Commissioner Henley stated when the Urban Transportation Coalition met, there were representatives from different areas in attendance and they agreed that the light rail and the $2 surcharge were crucial issues.  They also were in support of reinstating the Road Ranger Program.  He said he believes these issues need to be added to the program.

     The consensus of the Board was to add the liability issue for commuter rail and protecting the existing trust funds as six and seven of the top priority list.

     Commissioner Henley stated there were statements made relative to whether or not the Board should consider reintroducing the retirement system by allowing the employees to do the investment of this program.  He stated this approach can be done or they can do an RFP.  The Board is obligated in trying to get the best deal for employees.

     Commissioner Carey stated it is a great option for the employees to have.

     Commissioner Henley stated the County can go with an RFP to see if there is a better deal for the employees.

     Commissioner Carey stated a lot of the issues can be resolved if the employees could make their investment through the Florida Retirement System rather than an outside vendor.

     Chairman Dallari stated the Board’s consensus is to include the retirement system on the priority list.

     Ms. O’Bryan stated staff will be attending the FAC Conference and any items that come up that look like they may be of importance to the Board as a potential impact, staff will bring that back at the December 9 meeting.

     Commissioner Carey requested that staff contact each Board member on the dates of the region-wide Legislative Delegation event.

     Ms. O’Bryan reviewed the following issues:  State/Local-Funding Partnership; Regional Alternative Water Supply Program; Commuter Rail Stations; and SR 429-Wekiva Parkway & SR 46 Bypass.

     The consensus of the Board was to include the above items in the program for 2009.

     Ms. O’Bryan referred to page 3 through 8 and stated these items have come up in the past or have the potential of coming up in the future.  She stated staff will be monitoring these items in the upcoming Legislative session. 

     Commissioner Carey stated she feels staff needs to pay close attention to growth management issues as some changes need to be made to the DCA rules in order for them to be successful in the redevelopment of 17-92.  The other issue is Hometown Democracy.

     Ms. O’Bryan suggested that they move the growth management and hometown democracy issues up to a stronger position statement of opposition or support in a form of a presentation to the Legislative Delegation on December 8.  The Board had no objections.

     Ms. O’Bryan referred to page 10 and stated there were a handful of task force, work groups and councils created as a result of last year’s legislative session.  Most of those reports and recommendations will be coming due between January and June of 2009 and staff will be monitoring those as they are released.  Staff will be determining what the impact will be on Seminole County and report back to the Board. 

     At the request of Chairman Dallari, Ms. O’Bryan will inform the Board of any special legislative sessions.  She stated the proposed revenue impacts will be released this Friday and the results of those will determine whether or not there will be a special session.

     Commissioner Carey stated she met with Mayor Dyer to discuss commuter rail.  She stated they need to make sure they coordinate their efforts for the strategy with Orange County, Osceola County and the City of Orlando in order to get the commuter rail liability issue resolved.

     Ms. Coto stated Ms. O’Bryan sits on a group of counties associated with commuter rail that discuss the legislative issues as well as make sure that this project continues to move forward.

     Commissioner Henley stated staff needs to let their lobbyist know that the Urban Transportation Coalition and each of the regions pledge to support these five projects.  He stated they indicated they will be happy to have their lobbyist work with other lobbyists to try to get this thing through.

     Chairman Dallari stated he met with a couple of Hillsborough County Commissioners and they are in favor of helping them.  He reminded the Board of the Risk Management meeting on the 3rd Floor.

     Chairman Dallari recessed the meeting at 11:35 a.m. reconvening at 1:32 p.m., this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session. 

PROOFS OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey 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

CONSIDERATION OF MEDIATED SETTLEMENT

AGREEMENT FOR TBCOM PROPERTIES, LLC

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Mediated Settlement and Development Order for the communications tower located on parcel 202 of the Carillon PUD, TBCOM Properties, LLC, received and filed. 

     Deputy County Attorney, Matthew Minter, addressed the Board to give a history of this case, advising the BCC appealed the decision of the Board of Adjustment in approving a communication tower on the subject property on December 11, 2007.  The BCC heard the appeal and overturned the BOA on February 12, 2008, thereby, denying the tower.  TBCOM Properties, LLC then filed a civil lawsuit in the U.S. District Court for the Middle District challenging the County’s denial.  He further advised the court reviews the transcript and evidence submitted to the BCC to determine whether the Board’s action comports both with the TCA and State land use laws.  The Court ordered the parties to mediate the dispute, which occurred on October 15, 2008.  He stated the mediation ended with the proposed settlement and requires that same be ratified by the BCC.  If the BCC does not ratify the settlement, TBCOM can re-file the suit and then the Court will rule.  He further stated that the negotiated settlement includes a number of additional conditions that the Code does not require.  He displayed an artist rendering and site plan (received & filed) of what the tower will look like with the brick wall surrounding it, stating the applicant has agreed to erect an 8-foot brick wall and a 5-foot landscaped buffer around the tower. 

     Upon inquiry by Commissioner Henley, Planning & Development Director, Dori Debord, addressed the Board to advise the buildings around the tower will be hidden behind the 8-foot wall. 

     No one spoke to this item. 

     Commissioner Carey stated she supported the tower at the beginning and will support the mediated settlement.  She commented that the D.O. needs to refer to a brick wall and not a masonry wall. 

     Commissioner Henley advised of his meeting with the TBCOM attorney and the possibility of them purchasing another site from UCF.  After he talked to Dr. Hitt and UCF’s attorney, he received a phone call this morning advising him that UCF has substantially lowered their price on the parcel.  He stated that TBCOM’s attorney has said if they obtain the UCF parcel, they will withdraw their application for this site.  He added that the purchase of the property does have to be ratified by Tallahassee.  He, therefore, proposed continuing this settlement agreement in order for UCF and TBCOM to see if they can work out an agreement for the purchase of the other parcel. 

     Commissioner Carey expressed her concern about not taking this settlement offer and then the purchase of the other offer falling through.  Discussion ensued between the Board and Attorney Minter. 

     County Attorney, Robert McMillan, advised the deadline for the settlement is December 16. 

     Commissioner McLean expressed his concern with turning this settlement agreement down and losing the extra concessions the applicant has made. 

     Commissioner Henley clarified that he is proposing continuing the item until the December 9 BCC meeting to see if an agreement can be reached on the purchase of the UCF parcel. 

     Chairman Dallari stated the work that Commissioner Henley has done is impressive and he would be in favor of continuing this item to see if an agreement can be reached. 

     Attorney McMillan clarified that the additional conditions agreed to by the applicant in the settlement agreement do not go away between now and December 9. 

     Motion by Commissioner  McLean, seconded by Commissioner Henley to continue until December 9, 2008, consideration of the Mediated Settlement and Development Order for the communications tower located on Parcel 202 of the Carillon PUD, as described in the proof of publication, TBCOM Properties, LLC. 

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

     Attorney McMillan advised that the Chairman has closed this public hearing so there will be no public input for same on December 9. 

CONSIDERATION OF CAPITAL

IMPROVEMENTS ELEMENT

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance amending the Capital Improvements Element of the Seminole County Comprehensive Plan (Vision 2020 Plan) by updating the text and replacing in full the Exhibits section of the Capital Improvements Element, received and filed. 

     Planner, Dick Boyer, addressed the Board to present the CIE amendment, stating he will answer any questions regarding same. 

     Commissioner Carey briefly discussed the minor changes she suggested staff make in the document. 

     John Horvath, 1004 Bradford Dr., addressed the Board to speak in support. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner McLean, seconded by Commissioner Carey to adopt Ordinance #2008-48, as shown on page _______, amending the Capital Improvements Element of the Seminole County Comprehensive Plan (Vision 2020 Plan) by updating the text and replacing in full the Exhibits section of the Capital Improvements Element, as described in the proof of publication. 

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

CONSIDERATION OF REQUEST TO REZONE

FROM A-1 TO PCD, ROBERT COUCH

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) on approximately 6.0 acres, located approximately 1 mile south of the intersection of Beardall Avenue and E. SR 46, and Preliminary Site Plan and Development Order, Robert Couch, received and filed. 

     Planner, Joy Williams, addressed the Board to present the request, advising the applicant is requesting the rezoning in order to develop an office/warehouse business park.  The Preliminary Site Plan indicates that the project will contain a total building area of 48,000 square feet, which will allow for those uses permitted under the M-1A district.  She further advised that the P&Z Commission voted unanimously to recommend approval of the rezone with the condition that the applicant provide additional buffering for the existing home site adjacent to the northeast corner of the property by adding a 6-foot privacy fence along the northeast property lines.  She added that the staff also recommends approval. 

     Robert Couch, applicant, addressed the Board to advise he will answer any questions.  He further advised that he concurs with the additional P&Z Commission recommendation for the privacy fence. 

     No one else spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Henley to adopt Ordinance #2008-49, as shown on page _______, approving rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) on approximately 6.0 acres, located approximately 1 mile south of the intersection of Beardall Avenue and E. SR 46, and approval of the Preliminary Site Plan and Development Order, as shown on page _______, including a 6-foot privacy fence along the northeast property lines that are contiguous to the parcel zoned A-1, as described in the proof of publication, Robert Couch. 

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

CONSIDERATION OF AN ORDINANCE

RE: ADDITIONAL 1% TOURIST DEVELOPMENT TAX

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance amending Part 5, Chapter 245, Section 245.81(a) of the Seminole County Code for an additional one percent (1%) Tourist Development Tax to be dedicated exclusively for improvements to County-owned parks and sports venues, received and filed. 

     Director of Economic Development, Bill McDermott, addressed the Board to present the proposed ordinance, advising it will add a penny to the bed tax.  He said currently the bed tax is at 3% and this will increase it to 4%.  The additional revenue will be used to build and improve a number of parks, particularly improvements for sporting events. 

     Upon inquiry by Commissioner Carey, Mr. McDermott advised all the other surrounding counties are at 6%, with the exception of Lake County which is at 4% and is looking to increase to 5%. 

     John Horvath, 1004 Bradford Dr., spoke in support of the proposed ordinance, stating this is one way to bring in revenue to improve the parks. 

     Jackie Goldlis (phonetic), representing the Altamonte Hilton, addressed the Board to state it is not the increase in the tax that they are against, but the allocation of the tax that they object to.  She said they do not believe it is appropriate to have the bed tax go to County parks. 

     Ms. Coto stated staff thought the tax to upgrade the parks was a good fit because it would provide a multi-use complex and add new multi-use fields to help support more tournament play.  This would bring in more state, regional and national teams which would result in more nights in hotels and money being spent in restaurants. 

     Upon inquiry by Chairman Dallari, Mr. McDermott advised that the TDC did vote (4 to 1) to recommend approval of the tax increase. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner McLean, seconded by Commissioner Carey to adopt Ordinance #2008-50, as shown on page _______, amending Part 5, Chapter 245, Section 245.81(a) of the Seminole County Code, increasing an additional one percent (1%) Tourist Development Tax to be dedicated exclusively for improvements to County-owned parks and sports venues, as described in the proof of publication. 

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

CHAIRMAN’S REPORT

     No report.

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey advised she met with Orlando Mayor Buddy Dyer on October 30, 2008, regarding working together to develop a strategy for covering both the House and Senate to solve the liability issues surrounding Commuter Rail. 

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     Commissioner Carey reported that Commissioner Carlton Henley’s Roast held on October 30 raised over $50,000 to benefit the Carlton Henley Foundation which provides scholarships for Seminole County youth and the Wayne Densch performing Arts Center.  She displayed a photograph (received & filed) of a group of young men that call themselves Carlton’s Crazies dressed in neckties in Lyman High School colors (blue and yellow).  She distributed blue and yellow ties to Commissioners Van Der Weide and Dallari. 

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     Commissioner Carey stated she met with Dr. Vogel, members of the School Board, and Ms. Coto on November 4 to discuss the Midway Elementary School buildings and their potential future use.  She said Director of Administrative Services, Frank Raymond, will be meeting with the School Board staff to look at the needs and the buildings with the possibility of using the buildings for the Midway Community Center. 

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     Commissioner Carey advised she represented the Board at the St. Johns River Forum on November 12, which was held at Leu Gardens.  She said it was hosted by UCF. 

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     Commissioner Carey reported on the Congress of Regional Leaders meeting held on November 14 with regard to adopted water policies. 

     Chairman Dallari advised these policies will be brought back to the Board for action on December 9. 

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     Commissioner Carey stated that the Department of Environmental Protection is encouraging the County to do a lot of treatment for Lake Jesup.  However, the County’s study shows that the biggest problem with the Lake is the lake bottom.  She said there is no sense in spending a lot of money on treatment if it is not going to fix the problem. 

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     Commissioner Carey stated come January, there will be a number of appointments for the Board to make to various boards and committees; and she would suggest the County start doing background checks for those serving on committees dealing with allocating money or contact with children. 

     Commissioner Van Der Weide suggested staff study what level of check is needed and the ramifications of same. 

     The Chairman requested Mr. McMillan come back with a policy and procedure for the December 9th BCC meeting. 

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     Commissioner Carey wished everyone a “Happy Thanksgiving”; and announced that the Sanford Christmas Parade will be held on December 6 at 6:00 p.m. 

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     Commissioner McLean stated Carlton Henley’s Roast went very well and he thanked all who attended.  He announced that the money raised is now up to $58,000.  He expressed his appreciation to Commissioner Carey and former Commissioner Randy Morris who was M.C. 

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     Commissioner McLean reported he attended the opening of the new Sexually-Transmitted Disease Control Center at the Seminole County Health Department and was very impressed with it. 

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     Commissioner McLean advised he participated in filming a television show for Channel 52 and he spoke about Seminole County and the fiscal challenges.  He added that the program should air after Thanksgiving. 

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     Commissioner Carey advised she gave the DAR the resolution recently adopted by the BCC; and she shared information with them on the Hero’s Memorial.  She said that they would like to assist with the Memorial in any way they can. 

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     Commissioner Henley reported on the LYNX Subcommittee charged with coming up with a dedicated funding source for transportation, stating they have invited Volusia County to be a partner and the County Commission will be taking that issue up at their next Board meeting.  He added that he has instructed that all Commissioners receive a copy of the minutes of that meeting. 

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     Commissioner Dallari requested Ms. Debord give a brief review of the Riebolt property located south of Seminole County on 419. 

     Ms. Debord advised staff attend the pre-application meeting on November 6.  She said the proposal is a mixed-use project that is located up against Seminole County’s Rural Boundary line.  She stated the developers are going back to do some master planning and another meeting will be held to discuss that.  She advised that staff expressed the County’s concerns about the location of the property next to the Rural Boundary; and, also the possible extension of McCullouch Road across the Econ River. 

     Chairman Dallari encouraged each Commissioner to meet with staff to get a better briefing on this project as it is far-reaching for Southeast Seminole County. 

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     Chairman Dallari reminded Commissioners that new Board/Committee assignments will be done in January; and asked that each Commissioner present him with a prioritized list of their wishes. 

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated October 15, 2008 from Florida Department of Agriculture and Consumer Services to Chairman Brenda Carey re:  2007/2008 Annual Report for the Florida Division of Forestry’s accomplishments in the Fire Control program.

 

 2.  Letter dated October 16, 2008 from Congressman John Mica to Chairman Brenda Carey re:  details of high speed rail legislation signed by President Bush.

 

 3.  Copy of letter dated October 23, 2008 from Cynthia Coto, Seminole County Manager, to Mrs. Bernadette Campbell re:  Tropical Storm Fay and 540 Orange Boulevard, Sanford, FL 32771.

 

 4.  Letter dated October 23, 2008 from Stephen Miller, Executive Director, South Seminole North Orange County Wastewater Transmission Authority, to Chairman Brenda Carey re:  Required Notice of Issuance of Debt by South Seminole and North Orange County Wastewater Transmission Authority dated August 1, 2008.

 

 5.  Letter dated October 24, 2008 from Jerri Collins, Secretary, Habitat for Humanity Seminole County, to Chairman Brenda Carey re:  Habitat partners’ ability to participate in the County’s SHIP program.

 

 6.  Copy of letter dated October 24, 2008 from Ray Valdes, Seminole County Tax Collector, to Cathy Collins, Budget Supervisor, Property Tax Administration Program, Florida Department of Revenue, re:  Seminole County Tax Collector Budget Amendment #1 – Budget Year 2007/2008.

 

 7.  Letter dated October 25, 2008 from Mary Cottrell to Seminole County Board of County Commissioners and County Attorney Robert McMillan re:  Seminole County Case 59-2001-CF-000815A and Notice of Lien Satisfaction File Number 2002869419.

 

 8.  Letter dated October 27, 2008 from Diane Pickett Culpepper, Bright House Networks, to Chairman Brenda Carey re:  additional programming choices.

 

 9.  Notice of Public Hearing received October 27, 2008 from the City of Lake Mary to the Seminole County Board of County Commissioners re:  annexation of Huntington Pointe Phase 4A, 4B, and 4C.

 

10.  Letter dated October 30, 2008 from Diane Pickett Culpepper, Bright House Networks, to Chairman Brenda Carey re:  Switched Digital Video.

 

11.  Letter dated October 31, 2008 from Cynthia Porter, City of Sanford, to the Seminole County Board of County Commissioners re:  annexation Ordinance Number 4141.

 

12.  Letter dated October 31, 2008 from Ray Valdes, Seminole County Tax Collector, to Chairman Brenda Carey re:  submittal of $3,454,390.00 in unused funds.

 

13.  Letter dated November 6, 2008 from Tarsha Thomas to The Seminole County Board of County Commissioners re:  Orlando Ballet School’s STEPS Funding.

 

14.  Copy of letter dated November 6, 2008 from Margot Knight, United Arts, to Kathryn Townsend, President, Seminole Cultural Arts Council, re:  FY 2009 funding agreement.

 

15.  Letter dated November 10, 2008 from David Dewey, SJRWMD, Office Director, Altamonte Service Center, to the Seminole County Board of County Commissioners re:  Big Tree Park Trailhead; Application Number 400-117-95247-7.

 

16.  Letter dated November 12, 2008 from Cynthia Porter, City of Sanford, to the Seminole County Board of County Commissioners re:  annexation Ordinance Number 4143.

 

COUNTY MANAGER’S REPORT, Continued

     Ms. Coto gave a follow-up to the Risk Management Committee meeting held today regarding dependent coverage.  She said the State Legislature has extended the age limit to 30.  She advised the Risk Management Committee did recommend opting into the program with the costs to be handled consistent with the current costs for all dependent coverage within the County. 

     Motion by Commissioner McLean, seconded by Commissioner Carey to authorize opting into the new State program extending dependent health coverage to the age of 30. 

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

ITEMS FOR FUTURE AGENDA

     Kenneth York, 1107 Superior Court, addressed the Board to discuss the Neighborhood Stabilization Program Grant the County received from HUD.  He asked that a public/private partnership be formed so that the $7 million grant can be more than tripled. 

     Speaker Request Form was received and filed. 

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     Robert King, 2211 Black Hammock, addressed the Board to give a brief update on his neighborhood noise problem, stating it has not changed.  He questioned if anyone can offer him a ray of hope. 

Chairman Dallari stated he does not have an answer for Mr. King. 

     Speaker Request Form was received and filed. 

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:00 p.m., this same date. 

 

 

ATTEST:_____________________Clerk_____________________Chairman

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