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.
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- -
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.
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- -
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
er/slm