BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
NOVEMBER 9, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, November 9, 2010, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of
meeting of said Board.
Present:
Chairman Bob Dallari (District 1)
Vice Chairman Brenda Carey (District 5)
Commissioner Mike McLean (District 2)
Commissioner Dick Van Der Weide (District
3)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Pastor
Wendell Bishop, First Baptist Church, Sanford, gave the Invocation.
Commissioner
McLean led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Carey,
seconded by Commissioner Henley to adopt appropriate Resolution #2010-R-234, as
shown on page ________, supporting The Seminole Science and Simulation
Campus/Development.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Board
presented the Resolution to Missy Cassells-Hanby, who addressed the Board to
express her appreciation, stating her sincere goal is to make a long-term,
significantly huge impact on the entire region.
She stated she truly has a mission to transform not just Winter Springs
and Seminole County, but the whole region into a high-tech hub.
Robert
McMillan, County Attorney, left the meeting at this time.
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Motion by Commissioner Henley,
seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-233, as
shown on page __________, acknowledging and commending the Clerk of the Court,
County Finance Department and all other departments who assisted in the
development of the Comprehensive Annual Financial Report (CAFR), for all their
efforts to strive for the highest quality level in government accounting and
reporting.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Board
presented the Resolution to Maryanne Morse, Clerk of Court.
Mr.
McMillan reentered the meeting at this time.
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Motion by Commissioner Dallari,
seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-232, as
shown on page ________, honoring Commissioner Mike McLean for his dedication to
the citizens of Seminole County during his term of office from November 2006 to
November 2010 as Seminole County Commissioner for District 2.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Board
presented the Resolution to Commissioner McLean, who addressed the Board to
express his appreciation and to thank the Commissioners, Commissioner-elect
John Horan, his family, and the excellent Aides that have assisted him during
his time in office.
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Shelley
Lauten, myregion.org, addressed the Board to display a PowerPoint Presentation
(CD received and filed) to give a brief update on what is happening around the
region. She displayed and reviewed a
slide relating to the Central Florida Partnership. She reviewed What they included and created
in the myregion.org; Economic Centers Impacting Seminole County; a list of
Executive Board of Advisors and Regional Board of Advisors; Six Regional
Priorities; Smart Quality Growth on How They Are Growing; a map of the Trends
They Were On and What They Will Look Like; Seminole County Leading the Way on
Policies relating to Conservation, Countywide, Centers, and Corridors (Smart
Growth Initiatives); Congress of Regional Leaders Formed; a List of
Representatives; Newest Projects; Regional Water Strategy (RWS) coming
together; RWS Leaders on the Steering Committee; Two Simple Goals; Key
Findings; and Arching Recommendations of the Key Findings. She presented a brief update on the last
project. She continued by reviewing the
following topics relating to Florida Super Regional Connection for Global
Competitiveness; Highlights of the Florida Super Regional Connection for Global
Competitiveness; The Value of Working as a Super Region; Rail-Global
Competitive Advantage by 2060; Maps Showing Trend Scenario: Congestion; Global
Competitiveness; Collaborating on a Short-Term Opportunity; Long-term
Challenges and Opportunities; and the 21st Century Issues. A book “Connecting for Global Competitiveness,
Florida’s Super Region,” was received and filed.
Commissioner
Carey stated she would recommend that Ms. Lauten reach out to the newly elected
officials that will be taking office soon by giving them a briefing on How
Shall We Grow as they may not be aware of what is going on.
Ms. Lauten
stated she is trying to get on the calendar with all the newly elected
officials, and hopefully she will have done this by the end of the year. She stated the Central Florida Legislative Delegation
meeting is scheduled in January and they will set the agenda based on some of
the regional scaled issues. The Tampa Bay area Legislative Delegation has
organized a benefit as well. Between the
two delegations, 50% of the legislators in Tallahassee will represent at least
one county of the super region. They
will continue to use those forms to educate everyone.
Commissioner
Henley stated he supports Commissioner Carey’s recommendation of orientation of
the newly elected officials. He stated
he would hope that a work shop would be arranged so Ms. Lauten can get all of
them together to hear everyone’s answers.
The more background information they can get, as well as input, will go
a long way to help move this forward.
Mr. Lauten
stated she believes that is an excellent idea.
Commissioner
Carey stated the elected officials may not understand the connection between
the Comprehensive Land Plan and what happens in the future if they haven’t
studied the process of How Shall They Grow.
It would make it much easier if everyone would have the same general
principles to work with.
Ms. Lauten
stated she and Phil Lauren are planning to have a joint planning session with
her board and his board. She suggested
that the MPO and the two boards do a joint session to discuss some of the key
issues moving forward.
Commissioner
Henley stated Ms. Lauten and Andy Neff have met with him and they have
responded to suggestions that they think will improve the water needs. They are attempting to keep from being too prescriptive
and allow some latitude as to how governmental agencies can meet their goal. He hopes that Mr. Neff will give a more
thorough report at the next Board meeting.
Commissioner
Carey stated just getting all three water management districts to agree on how
they are going to implement the rules will be a major task.
Chairman
Dallari stated he feels that potable water is crucial for the region. One element that needs to be expanded is the
requirement for TMDL’s (Total Maximum Daily Loads) for stormwater, and it needs
addressed more on a regional basis. He
said he would also like to see stormwater expanded as well, particularly the TMDL’s
aspect of it.
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Chairman
Dallari recessed the BCC meeting at 10:16 a.m.
He convened the U.S. Highway 17-92 Community Redevelopment Agency
meeting at 10:20 a.m. He introduced the
following: newly-elected Winter Springs Mayor,
Charles Lacy; Gary Bender, city of Winter Springs; and Tom Walters, former
Mayor of the city of Oviedo.
U.S. 17-92
CRA
John
Metsopoulos, Growth Management, addressed the Board to request approval of the
U.S. 17-92 Mini-Grant for Inlign Automotive, Inc.; and approval of a Budget
Change Request in the amount of $5,000.
Motion by Commissioner Henley,
seconded by Commissioner Carey to approve the U.S. 17-92 Mini-Grant for Inlign
Automotive, Inc.; and Budget Change Request #11-01, as shown on page ________,
in the amount of $5,000.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr.
Metsopoulos requested approval of the Shepard Road Interlocal Agreement with
the U.S. 17-92 CRA and the city of Winter Springs; and approval of a Budget
Change Request in the amount of $546,624 consistent with said agreement.
Commissioner
McLean stated he has had the pleasure of working with the city of Winter
Springs staff and it is a great city. He
said all cities have their areas that could use an economic boost. He stated Shephard Road is one of those areas
and this will give them an opportunity to encourage development.
Motion by Commissioner McLean,
seconded by Commissioner Carey to approve the Shepard Road Interlocal
Agreement, as shown on page _________, with the U.S. 17-92 CRA and the city of
Winter Springs; and approval of a Budget Change Request #11-02, as shown on
page ________, in the amount of $546,624 consistent with said agreement.
Under
discussion and upon inquiry by Commissioner Carey, Jerry McCollum, County
Engineer, addressed the Board to advise the widening construction for 17-92
from Lake Mary Blvd. to Shepard Road is scheduled in about 4½ years from
now. They are wrapping up the design now
and then will start the right-of-way acquisition. He said they will be doing work up to that
intersection, but he is not sure if that will impact the streetscape
beautification of that intersection directly.
He said he will get with Mr. Metsopoulos to be sure there is no conflict
on that.
Commissioner
Carey stated it would make more sense to tear that area up one time instead of
doing it again four years from now. She recommended
that everyone get together to see what they need to do.
Commissioner
Henley stated he doesn’t know how far they are on the design of the widening,
but he feels it is important to make sure the structures are set back sufficiently.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr.
Metsopoulos stated he is getting requests from not-for-profit organizations
that own the property. He requested
direction from the Board as to whether or not they want to fund the not-for-profit
organizations through development grants or mini-grants, or do they want these
organizations that are not paying money into the TIF be restricted unless the
building is owned by a landlord who is paying into the TIF.
Commissioner
Carey stated there are a lot of not-for-profit organizations that are not tax
exempted.
Mr.
Metsopoulos asked if these organizations are not tax exempted and not paying
money into the TIF, should they be funding projects for them.
Commissioner
Carey stated she feels they should discuss this with their partners before
anything is done. She would like staff
to confirm from a property tax standpoint about the not-for-profits. She stated she feels that any improvements,
whether they are for profit or not, would be beneficial to the corridor.
Mr.
Metsopoulos stated a nonpaying entity may not be qualified for the development
grant, but the mini-grant provides funds for landscaping and signage and that
may be the way the Board wants to consider.
Commissioner
Van Der Weide stated if it improves the corridor that would be an issue to take
into consideration.
Commissioner
McLean stated he would caution the Board that they may open precedence to where
other entities (who are not partners now) that are paying TIF money may use
this as an avenue to say the County did it for the non-profit, why couldn’t
they do it for them.
Joe
Forte, Acting County Manager, addressed the Board to advise he will discuss
this with Mr. Metsopoulos and Nicole Guillet, Planning & Development
Director, and they will come back with a better recommendation.
Commissioner
Carey recommended that staff look at the mini-grants versus the big grants.
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Mr.
Metsopoulos stated he is getting a lot of questions on the development grants for
doing a major overhaul of existing structures that are sound and producing
income for the TIF. He said they also
have properties that are blighted that are underutilized and they have become
havens for homeless people. He added he
would like direction as to whether the blighted areas take precedence over tax-producing
structures.
Commissioner
Henley stated he would be reluctant to give preference to those who are paying
into it over those types of situations.
Commissioner
Carey stated the first-come first-serve basis has worked very well in the past. The blighted property owners can make the
application and get in line for the next year’s funding.
Chairman
Dallari stated the beauty about the CRA is there is some flexibility to
it.
Commissioner
McLean stated he feels the challenge would be is establishing the criteria. Once they go down that path, it will be very
difficult to come up with every possible criteria. He stated he feels the first-come first-serve
basis has worked well and they can look at that on a case-by-case basis.
Chairman Dallari adjourned the
meeting of the U.S. Highway 17-92 Community Redevelopment Agency at this time
and reconvened the meeting of the Board of County Commissioners.
COUNTY
MANAGER’S CONSENT AGENDA
Joe Forte advised that the Board
received additional information (Product List for Coke machines) for Item #11,
Award IFB-601000-10/TLR. He stated
exhibits (378 pages) for Item #38, Approve Resolution for issuance of
Industrial Development Revenue Bonds, are in his office for review. He added Item #21, Approve Resolution
accepting 1606 Roosevelt Ave., has been pulled from the agenda due to remedy issues
that they have with the builder. He said
the actual agreement for Item #48, Approve City of Casselberry Interlocal
Utility Construction Agreement, has been signed by the city. The contract for Item #8, Award
RFP-600909-10, has been changed to a single year contract followed by two
one-year renewals to see how well the consultant works out. Item #56, Jobs Growth Incentive Agreement, on
the Regular Agenda is being pulled so they can work on some language on the
agreement.
Chairman
Dallari stated he would like Item #8 pulled for a separate vote. He said he would like #9 moved behind Item
#59, Document Management. He said he
would like to see the presentation first before it is voted on by the Board.
Motion by
Commissioner Carey, seconded by Commissioner McLean to authorize and approve
the following:
County Manager’s
Office
Business Office
7. Adopt appropriate
Resolution #2010-R-235, as shown on page _________, amending the Seminole County
Administration Code Section 24.15, under the Sick Leave Bank heading 502.0,
Personnel Policies and Procedures.
Purchasing &
Contracts Division
10. Award CC-6035-10/RTB, as shown on
page ________, Lake Harriet Transmission Main to Young's Communication Co.,
Inc. of Melbourne, Florida in the amount of $597,984.91; and authorize the
Purchasing & Contracts Division to execute the Agreement.
11. Award
IFB-601000-10/TLR, as shown on page ________, Term Contract for Beverage Vending
Machine Services to Snacktime Vending, Inc., Longwood, and authorize the
Purchasing and Contracts Division to execute the agreement. (Revenue of 15% of gross
receipts.)
12. Approve Sole Source Procurement
SS-601039-10/BJC for the Maintenance, Repairs and Miscellaneous Components of the
YSI Multi-Meter System with AMJ Environmental/YSI, Inc., St. Petersburg,
Florida.
13. Approve Sole
Source Procurement SS-601042-10/BJC for the purchase of AutoPulse Yearly
Extended Warranty with Zoll Medical Corporation, Chelmsford, MA.
14. Approve Work Order #17, as shown
on page _________, to PS-4388-09/VFT - Design of Minor Projects with
Construction Cost less than $1,000,000.00 in the amount of $101,773.18 with
HNTB Corporation of Lake Mary, Florida; and authorize the Purchasing &
Contracts Division to execute the Work Order.
15. Approve Change Order #1, as shown
on page _________, to CC-5432-10/VFT - Big Tree Park Trailhead with Gregori
Construction and Engineering Inc. of Sarver, Pennsylvania in the amount of
$54,287.25; add an additional forty-two (42) calendar days to Substantial Completion;
and authorize the Purchasing & Contracts Division to execute the Change
Order.
16. Approve the ranking list,
authorize staff to negotiate rates in accordance with F.S. 287.055, the
Consultants Competitive Negotiation Act (CCNA), and authorize the Purchasing
& Contracts Division to execute a Master Services Agreement (MSA) for
PS-5473-10/JVP, as shown on page _________, for Design and Environmental
Permitting for Seminole Wekiva Trail Phase IV (Estimated Term Usage Amount of $300,000.00).
Community
Services
Business Office
17. Approve and authorize the
Chairman to execute the Contract, as shown on page ________, between Seminole
County and the State of Florida Department of Health for Operation of the
Seminole County Health Department Contract Year 2010-2011 in the amount of
$807,970.
18. Approve and authorize the
Chairman to execute the Seminole Community Mental Health Center, Inc. Agreement,
as shown on page ________, with Seminole County FY 2010-11.
19. Approve and authorize the
Chairman to execute the Memorandum of Understanding, as shown on page
_________, between Seminole County and the Eighteenth Judicial Circuit Court
which defines the responsibilities related to the Adult Treatment Drug Court Grant
awarded to Seminole County by the Substance Abuse and Mental Health Services
Administration.
20. Approve and authorize the
Chairman to execute the Child Protection Team Services Agreement, as shown on
page _________, between Seminole County and Kids House of Seminole, Inc. for
the Child Protection Team to provide medical examinations.
Community
Assistance Division
21. Pulled from the agenda request
to approve
Resolution accepting 1606 Roosevelt Avenue, Sanford, FL from the Center for
Affordable Housing, Inc. (Quitclaim Deed also attached).
22. Approve and authorize staff to
submit to Florida Housing Finance Corporation the proposed technical amendments
revising the affordability period and recapture provisions for the SHIP funded
home rehabilitation strategies in the 2007-2010 and 2010-2013 Local Housing Assistance
Plans.
Environmental
Services
Business Office
23. Approve the Seminole County and
Sanlando Utilities Corp. Wholesale Water Service Agreement Lake Brantley
Service Area and the associated Bill of Sale, as shown on page ________.
Solid Waste Management
24. Approve and authorize the
Chairman to execute a Certificate of Public Convenience and Necessity, as shown
on page _________, for Orlando Waste Paper Company, Inc.
25. Approve and authorize the
Chairman to execute a Certificate of Public Convenience and Necessity, as shown
on page __________, for Safety-Kleen Systems, Inc.
26. Renewal of Non-Exclusive
Franchise Agreement for Commercial Solid Waste Collection Services with
Container Rental Company, Inc., from October 1, 2010 to September 30, 2011.
27. Renewal of Non-Exclusive
Franchise Agreement for Commercial Solid Waste Collection Services with Waste Services
of Florida, Inc., from October 1, 2010 to September 30, 2011.
28. Renewal of Non-Exclusive
Franchise Agreement for Commercial Solid Waste Collection Services with Waste Management
Inc. of Florida from October 1, 2010 to September 30, 2011.
29. Renewal of Non-Exclusive
Franchise Agreement for Commercial Solid Waste Collection Services with
Republic Services of Florida, LP, from October 1, 2010 to September 30, 2011.
30. Renewal of Non-Exclusive
Franchise Agreement for Commercial Solid Waste Collection Services with
Advanced Disposal Services Central Florida, LLC, from October 1, 2010 to
September 30, 2011.
Fiscal Services
Business Office
31. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-237, as shown on page
________, to ratify the issuance by Orange County Housing Finance Authority of
the Homeowner Revenue Bonds and Homeowner Subordinated Revenue Bonds in one or
more series, not to exceed $90,000,000.
32. Approve and authorize the
Chairman to execute the First Amendment, as shown on page _________, to
Agreement with the Florida Division of Emergency Management (the
"Division") which terminates the Repetitive Flood Claim grant
agreement for the Campbell property; staff further seeks approval to resubmit a
grant application to the Division requesting new funding under the Repetitive
Flood Claim Program; and, authorization for the County Manager to execute any
documents as may be required for the application.
Budget Division
33. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-238, as shown on page
_________, implementing Budget Amendment Request (BAR) #10-107 through the
Municipal Services Benefit Unit (MSBU) Fund in the amount of $485,600 providing
for a budget neutral accounting adjustment, to properly record the MSBU administrative
service charges as revenue versus reimbursement expenses.
34. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-239, as shown on page
_________, implementing Budget Amendment Request (BAR) #10-108 through the Fire
Impact Fee Fund in the amount of $85,950 to re-appropriate project funds in FY 09/10.
35. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-240, as shown on page
_________, implementing Budget Amendment Request (BAR) #11-11 through the
Boating Improvement Fund in the amount of $34,500 to allocate funds for the
cities of Altamonte Springs, Casselberry and Sanford Boating Improvement
Programs as approved by the Board on October 12, 2010.
36. Approve and authorize the
Chairman to execute Budget Change Request (BCR) #11-03, as shown on page
_________, through the Water Connection Fee Fund in the amount of $14,850 to appropriate
funding for the Sanlando Utilities Corporation Wholesale Agreement.
Growth
Management
Economic
Development Division
37. Approve and authorize the
Chairman to execute the Seminole County/UCF Technology Accelerator Partnership
Agreement (University of Central Florida), as shown on page _________, for the
purpose of supporting the UCF Technology Incubator for three years.
38. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-241, as shown on page
_________, approving the issuance of Industrial Development Revenue Bonds.
(Choices in Learning Charter School)
Planning &
Development Division
39. Approve and authorize the
Chairman to execute the final plat for the Lake Mary Westin subdivision,
containing two commercial lots on an 8.153 acre parcel, zoned PUD (Planned Unit
Development), located on the northwest corner of CR 46A and International
Parkway. (YRG Hotel Group II, LLC)
40. Approve and authorize the
Chairman to execute the final plat for I-4 Industrial Park, 6th Section,
containing 9 commercial lots on a 23.31 acre parcel, zoned PCD (Planned Commercial
Development) and M-1A (Very Light Industrial), located at the north end of
Hickman Circle, on the east side of I-4, and approximately one mile north of W.
SR 46, in Sections 21 and 28, Township 19 S, and Range 30 E. (R & R Investments,
LLC and Spaceport USA, Inc.)
41. Approve and authorize the
Chairman to execute the final plat for I-4 Industrial Park, 5th Section,
containing 22 commercial lots on a 27.17 acre parcel, zoned M-1A (Very Light Industrial),
located on the west side of Elder Road, approximately one mile north of W. SR
46, in Sections 21 and 28, Township 19 S, and Range 30 E. (Spaceport USA, Inc.)
42. Approve and authorize the
Chairman to execute the final plat for Tulp's Treasured Holdup, a two lot
subdivision zoned A-10 (Rural Zoning Classification); located at the end of
Curryville Road, approximately 3 miles east of Lake Mills Road. (Louis Tulp)
43. Approve and authorize the
Chairman to execute the final plat for Brooks Brumley Bounty, a two lot
subdivision zoned A-10 (Rural Zoning Classification); located at the end of
Brumley Road, approximately 3 miles east of Snowhill Road. (Louis Tulp)
44. Adopt and authorize the Chairman
to execute appropriate Resolution #2010-R-242, as shown on page _________, vacating
and abandoning a portion of a platted utility easement on Lot 5, Stillwater
Phase 3, recorded in the Public Records of Seminole County, Florida in Plat
Book 40, Pages 92-96 in Section 26, Township 21, Range 31 and bearing a street address
of 650 Appleton Place. (Milana & Neil Patterson)
45. Approve the Release of Lien in
the amount of $6,700.00, Case No. 10-07-CEB, on 1324 Pine St., Altamonte
Springs, Tax Parcel #18-21-30-504-0B00-0200, previously owned by Nilufar Y. and
Imranul Jalali and currently owned by Federal Home Loan Mortgage Corporation,
and authorize the Chairman to execute a Release of Lien, as shown on page
________. (New House Title, LLC)
Leisure Services
Library Services
Division
46. Approve and authorize the
Chairman to execute Agreement, as shown on page ________, between Seminole
County and United Arts of Central Florida, Inc. in the amount of $126,030
reflecting $.30 per capita funding approved by Board of County Commissioners as
part of the 2010/2011 budget.
Parks &
Recreation Division
47. Approve and authorize the
Chairman to sign the Facility Use Agreement, as shown on page _________, with
Spring Break Sports.
Public Works
Engineering
Division
48. Approve and authorize the
Chairman to execute a Seminole County and City of Casselberry Interlocal
Utility Construction Agreement, as shown on page _________, in conjunction with
the State Road 436 and Red Bug Lake Road Project.
49. Approve and authorize the
Chairman to execute a Seminole County and South Seminole & North Orange
County Wastewater Transmission Authority Interlocal Utility Construction
Agreement, as shown on page _________, in conjunction with the State Road 436
and Red Bug Lake Road Project.
50. Adopt appropriate Resolution #2010-R-243,
as shown on page _________, and authorize the Chairman to execute a Locally
Funded Agreement and a Memorandum of Agreement, as shown on page ________, with
the State of Florida Department of Transportation for the acquisition of
right-of-way for the County Road 426 Project from Division Street to State Road
46. (FDOT FPN: 419679-2-{4B, 41 & 43}-01).
Roads –
Stormwater Division
51. Approve and authorize the
Chairman to execute a Revenue Agreement, as shown on page _________, between
Seminole County and the University of Florida Board of Trustees for the Florida
Yards & Neighborhood (FYN) Program.
Traffic
Engineering Division
52. Adopt and authorize the Chairman
to execute appropriate Resolution #2010-R-244, as shown on page _________, increasing
the speed limit on Ibis Road between Markham Woods Road and Delk Road (0.6
miles).
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey,
seconded by Commissioner Van Der Weide to award RFP-600909-10, as shown on page
________, Term Contract for Utility Rate Studies for Water, Wastewater and
Solid Waste Divisions to Burton & Associates, St. Augustine, Florida, as
amended by the County Manager.
Under
discussion, Chairman Dallari stated he will be voting against the motion
because he feels it has been done in-house before and he believes they should continue
doing it in-house.
Commissioner
Henley stated he is going to support the motion on the basis that they have
reduced it from a three year to one year with two one-year renewals.
Commissioner
Van Der Weide stated he had the same issue, but he doesn’t have a problem with
approving it for a one-year term.
Districts 2,
3, 4 and 5 voted AYE.
Commissioner
Dallari voted NAY.
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Chairman
Dallari stated the Board has approved Items #42, approve final plat for Tulp’s
Treasured Holdup and #43, approve final plat for Brooks Brumley Bounty, but he
has some questions for Mr. Tulp who has been maintaining County property next
to his home.
Louis Tulp
addressed the Board to state he has been maintaining those properties since
1995 or 1996. He said he doesn’t mind
keeping it up but it is getting costly to do so. He added it takes heavy equipment to keep up the
property and he has to mobilize it from Volusia County.
Chairman
Dallari stated he would like to see if they can enter into a long-term
agreement so Mr. Tulp can continue to maintain that property.
Mr. Tulp stated
he would appreciate that and that would give him more incentive to continue
maintaining it.
Commissioner
Carey stated there are a lot of people that maintain County property and
everyone doesn’t realize how much that happens throughout the County. She added many other communities maintain the
properties.
Chairman
Dallari requested that Mr. Forte check into that and bring it back to the
Board.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey,
seconded by Commissioner Henley to authorize and approve the following:
Clerk’s
Office
53. Approval
of Expenditure Approval Lists, as shown on page ________, dated October 11
& 18, 2010; and Payroll Approval List, as shown on page ________, dated
October 15, 2010; approval
of BCC Minutes dated October 12, 2010; and noting, for information only, the
following Clerk’s “received and filed”:
1.
Amendment #3, as shown on page ________, to
Work Order #58 to PS-1529-06.
2.
Work Orders #62, #63 and #64, as shown on page
________, to CC-1741-07.
3.
Second Amendment, as shown on page ________,
to RFP-600326-08.
4.
Work Order #3, as shown on page _________, to
PS-4736-09.
5.
Letter of Credit and Performance Agreement, as
shown on page _________, in the amount of $27,500 for the project known as
Brooks Landing Subdivision.
6.
Work Order #47, as shown on page ________, to
PS-5174-04.
7.
Work Order #82, as shown on page _________, to
PS-1074-06.
8.
Assistant and Associate Tennis Pro Agreement,
as shown on page _________, for James Thompson.
9.
Parks Contracts, as shown on page __________,
as follows: Lisa Clifone; Jennifer
Kaiser; Branden Logsdon; Ronald Moyer, Jr.; Tim Campbell; Chris Camone;
Clifford Franke; Jillian Parisi; John Parisi; Eddie Rodriguez; Frank Rogers;
Luis Santiago; Peter Theoret, Jr.; Diane White; and Daniel Ziegler.
10.
Notice from the Florida Public Service
Commission re: Application for
staff-assisted rate case in Seminole County by CWS Communities d/b/a Palm
Valley Utilities.
11.
Change Order #1, as shown on page _________,
to Work Order #14 to CC-2184-07.
12.
Closeout, as shown on page _________, for Work
Orders #16, #17 and #18 to CC-2184-07.
13.
Litigation Consultant Services Agreement, as
shown on page _________, Bowyer Singleton & Associates.
14.
Work Order #15, as shown on page ________, to
PS-4388-09.
15.
Closeout, as shown on page ________, to Work
Order #42 to CC-1284-06.
16.
Audit Report for Environmental Services
Department’s billing and collection process.
17.
Development Orders, as shown on page ________,
as follows: #10-30000079, Blain Mustain
variance; #10-30000078, Adams Street variance; #10-30000086, Scott Murphy
variance; #10-30000087, William & Toni Einhellig variance; #10-30000085,
Neil & Milana Patterson variance; #10-30000084, Patrick & Laura Harmon
variance; #10-30000083, Marko Brletic variance; #10-30000082, Smith Living
Trust variance; and #10-30000077, Madeline Barnes variance.
18.
Work Order #54, as shown on page _________, to
RFP-4277-09.
19.
Work Orders #19 and #20, as shown on page
_________, to PS-5124-02.
20.
Notice of Application for an Extension of
Service Area from Sanlando Utilities Corporation.
21.
Notice from the Florida Public Service
Commission re: Review of Progress Energy
Florida Inc.’s current allowance for funds used during construction rate.
22.
Work Order #3, as shown on page _________, to
PS-5438-10.
23.
Amendment #1, as shown on page _________, to
Work Order #1 to PS-4906-09.
24.
Amendment #1, as shown on page _________, to
Work Order #2 to PS-4906-09.
25.
IFB-600955-10 Term Contract, as shown on page
_________, Bedrock Industries, Inc.
26.
Maintenance Agreement with Letter of Credit,
as shown on page ________, in the amount of $13,814.04 for the project known as
Brooks Landing.
27.
Work Order #13, as shown on page _________, to
PS-3914-09.
28.
RFP-600941 Choose Life License Plates Annual
Use Fee Proceeds Agreement, as shown on page __________, A Chosen Child, Inc.
29.
Letter from the city of Longwood relating to
annexation ordinance adopted on September 27, 2010.
30.
Work Order #68, as shown on page ________, to
PS-1529-06.
31.
Recorded Restrictive Use Covenants, as shown
on page _________, for 208 Cabana View Way; 736 Tanglewood Road; and 2601 South
Marshall Avenue.
32.
Recorded Home Ownership Assistance Program
Mortgage Deeds, as shown on page __________, for Craig & Kasonya Stevenson;
Susan Philp; and Marcia Drook.
33.
Fourth Amendment, as shown on page _________,
to RFP-600006-06.
34.
Work Order #11, as shown on page _________, to
CC-3321-08.
35.
Amendment #1, as shown on page ________, to
Work Order #4 to PS-3914-08.
36.
Work Order #4, as shown on page ________, to
PS-5438-10.
37.
Title Opinions, as shown on page ________, for
Brooks Landing and Gabriella Place.
38.
Work Order #15, as shown on page ________, to
PS-3914-08.
39.
Bids as follows: IFB-601000-10; RFQ-600972-10; and
RFP-600984-10.
Sheriff’s Office
54. Approval by the Board of County
Commissioners to contribute $1,700 from the Law Enforcement Trust Fund to
provide funding in support of Challenge Day, a nationally recognized program
being hosted by Lake Mary High School.
Districts 1, 2, 3, 4 and
5 voted AYE.
REGULAR AGENDA
Tina Williamson, Acting
Planning Manager, addressed the Board to request a reduction to the Code
Enforcement Board lien ($9,000) to the administrative cost of $1,346.94 for Case
#09-145-CEB on property located at 1221 John Lord Street, Sanford, Jeffrey S.
Barton (previous owner), Deutsche Bank National Trust (current owner). She reviewed the background timeline as
outlined in the agenda memorandum. She
stated staff recommends denial of the reduction since the bank received all of
the notices for this case and was aware of the code enforcement case and lien.
District Commissioner
Carey stated this was a case where the bank was aware of this going on, and
they could have taken care of it immediately as they had plenty of notice.
Motion by Commissioner Carey, seconded by
Commissioner Henley to deny a reduction to the Code Enforcement Board lien,
which totals $9,000, for Case #09-145-CEB on property located at 1221 John Lord
Street, Sanford, Jeffrey S. Barton (previous owner), Deutsche Bank National
Trust (current owner).
Districts 1, 2, 3, 4 and
5 voted AYE.
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Chairman Dallari advised that request to approve Jobs
Growth Incentive Agreement with Liberty Mutual Insurance Company and Affiliate,
and an Interlocal Agreement with the City of Lake Mary regarding the City's
contribution (Liberty Mutual Insurance Company and Affiliates), has been pulled from the agenda.
-------
Chairman Dallari recessed the meeting at
10:52 a.m., reconvening it at 10:55 a.m., with Clerk of Court Maryanne Morse
entering late.
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Former Oviedo City Mayor Tom Walters,
representing the Central Florida Veterans Memorial Park Foundation, addressed
the Board to state he is here as a military veteran to ask the Board to provide
a letter of support to help raise funds to build a Veterans Memorial adjacent
to the new Veterans Administration Medical Center at Lake Nona. The memorial park will honor 1,100 veterans
who did not return from wars. The
project will include the names of veterans from the following six counties:
Volusia, Lake, Seminole, Orange, Osceola, and Brevard. To date, they have support from the five
other counties and he is asking for Seminole County’s support.
Chairman Dallari stated the veterans play
an important role throughout this country and they have a special place in
everyone’s heart. He said he doesn’t
have a problem doing a letter of support for the endeavors of some type of
monument.
Commissioner Carey stated she is excited
about a new veterans hospital come about as the one in Orange County is a
disgrace to the veterans. She added she
feels a memorial for them is important and a letter of support would be
appropriate.
Commissioner Van Der Weide stated the Heroes
Memorial Organization is a separate entity and they are raising money. He said he doesn’t have a problem sending a
letter of support, but he would be cautious that he would hate to be competing
with the same people asking for money for these memorials.
Mr. Walters stated that is not his
intent. He said he has scheduled a luncheon
with Frank Ioppolo for this Friday. Mr.
Walters said he is confident that they can work together on separate efforts without
coming into conflict.
The consensus
of the Board was to send a letter of support with all Commissioners’
signatures.
Commissioner Carey stated she will be happy
to help with getting a first-class facility as she feels the old facility is
not the kind of place for people who serve the country should be going to. She said she expressed her concern with
Senator Scott Brown regarding the facility.
She added she will be doing everything she can to make sure that their
service men and women do not have to go to those kind of facilities.
Mr. Walters stated the VA facility is being
over utilized by two to three times the design.
Commissioner Van Der Weide stated he has
been going to the VA facility for quite some time, and they serve a tremendous
amount of people and they do a wonderful job with what they have.
Documents regarding the Central Florida
Veterans Memorial park Foundation were received and filed.
Maryanne Morse, Clerk of Court, reentered
the meeting at this time.
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Fred Coulter, Fiscal Services, addressed
the Board to request approval of the Capital Improvement Budget Proposal
Resolution for Fiscal Years 2010/11 through and including 2014/15. He displayed a PowerPoint Presentation
(received and filed) and reviewed a Five Year CIP by Year, which totals
$395,518,099 of capital projects. He
displayed and reviewed the following:
Five Year CIP by Element; Projects Over the Last Five Years; Five YEAR CIP
by Department; Additional Reports consisting of Proposed Projects, Unfunded
Projects and Withdrawn Projects; and CIP Changes made to the Document. He advised the entire Five Year CIP Book is
available on the internet.
Joel Abel, Leisure Services Director,
addressed the Board to display and review 2011/2012 Unfunded Projects. He reviewed the areas that are of greatest
concerns.
Commissioner Henley stated Soldiers Creek
is missing from this list and he has concerns with it as it is still way below
the quality of any others in the city and the surrounding counties. He stated the thing that concerns him is they
tore down a concrete block restroom and concession stand that served there for
a long time, and it is a shame that the County cannot attempt to build a
concession/restroom facility out there.
The County is already losing people who had been renting those spaces as
they have moved to Sanford. He said he
would like to ask staff and this Board to come up with something to rebuild what
they tore down out there, even if they have to cut back on monies that are
already allocated for other projects.
Those two facilities are important to have.
Commissioner Carey stated she was under the
impression that when they started renovations out there that it would be replaced
pretty quickly.
Mr. Abel stated there were discussions
regarding utilizing TDC funds to overhaul Soldiers Creek after Jetta Point is done. The renovation of the existing facility at Soldiers
Creek is going to be quite a renovation in bringing everything to where they
would like to see it.
Commissioner Carey stated she feels that staff
needs to take a look at minor improvements as they are starting to lose
tournament play. There are a lot of unfunded
projects and staff needs to look long and hard at them. While staff would like to get them up and
running over the next four years, that is probably not going to be an
obtainable goal. They probably need to
get real on what is going to be obtainable.
There are a lot of groups out there that will do grants to renovate
playground equipment.
Mr. Abel informed Commissioner McLean that the
four identified facilities are experiencing structural failure with the
equipment. The County can continue to
try to maintain the playground equipment or they can take them out of the play
areas when there are no more replacement pieces. They would have to decline any sanction body
wanting to have night-time tournaments at any of their facilities, as they do
not meet the requirements for lighting standards.
Commissioner Van Der Weide stated the County
has to do these things when it is financially feasible and he doesn’t know when
that is.
Commissioner Carey stated playground
equipment can be taken down as there is a lot of playground equipment that kids
do not play on. The County has a
successful track record with the sports industry by having daytime
tournaments. She stated she feels to
think that all of the parks need be lit to where they can have night-time
tournament is wishful thinking. She
added she also feels that they need to replace equipment when they can afford
to do it or take them down as they do not want any safety hazards. The sports groups in the community will build
playground facilities. She stated she
feels they need to do things outside the box to where they can get people to
sponsor.
Chairman Dallari stated since those four
issues are a high priority, staff needs to take a look at what needs to be done
and bring it back to the Board. He asked
that staff receive input from the appointed citizen board members as well prior
to coming to the BCC.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate
Capital Improvement Budget Proposal Resolution #2010-R-245, as shown on page
_________, for Fiscal Years 2010/11 through and including 2014/15.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Robert McMillan, County Attorney, addressed
the Board to request the Board to select a recruitment firm to conduct a
nationwide search to fill the executive position of the County Manager. He stated three firms responded and one did
not respond. He added all three firms
are qualified to do the job. He briefly
reviewed the timeline of the firm’s recruitment process. He indicated that Bob Murray & Associates
indicated that if the candidate is terminated for cause within the first year
that they would redo the search at no charge.
Staff is requesting the Board to select a firm and authorize the County
Attorney to negotiate a contract with the selected firm.
Commissioner Carey stated she still has
some concerns about what they are going to get back. She stated some of these groups have not
placed many County Managers in the last ten years. She said she is looking for someone who is
better than the County Manager they have.
She said she is reluctant to spend $25,000 to $30,000 for a search firm
that doesn’t have a huge track record of finding County Managers.
Commissioner Van Der Weide stated the last
time they searched for a County Manager he was not impressed with what they got
back.
Upon inquiry by Commissioner Carey, Mr.
McMillan advised if the Board rejected all the applicants that the recruiting
firm chose, they will continue to do the search for as many cycles it takes to
find someone that is acceptable to the Board.
Chairman Dallari stated the Board said they
would like a firm that will reach outside Central Florida if not the State of Florida.
Commissioner McLean stated at least the Slavin
firm gave them a list of their track record and it does show some
continuity. He said he would like to go
with an established track record where people have been hired and stayed with
the entity.
Motion
by Commissioner Henley, seconded by Commissioner McLean to select the
recruitment firm of Slavin Management to conduct a nationwide search to fill
the executive position of County Manager.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Mr. McMillan, Commissioner Henley stated the intent of his motion is
to enter into negotiations with the selected firm and the contract will come
back for ratification.
Mr.
McMillan stated the contract can come back to the Board for approval at the
next Board meeting. He stated the recruiter
will get with each Board member to develop a profile as to what it is they are
willing to do. They will not contact
anyone until they meet with the Board.
Commissioner
Carey stated there are a lot of issues that needs to be looked at as far as
contracts and personnel. They need to
know when they go out what they will be offering as a salary package because
that’s going to have some input to it.
Chairman
Dallari stated all of that will be discussed once they are under contract with
the Slavin Management Group. He stated
if they know the dollar amount, they should allow the County Attorney to
execute the contract.
Commissioner
Van Der Weide stated he would rather have it come back to the Board for
approval.
Chairman
Dallari requested Board consensus to ask the County Attorney to execute the
contract.
Commissioner
Carey stated once this contract is executed it is going to outline some
parameters. She stated she feels this
Board should have further discussion on the contract before it goes out on the
street.
Mr.
McMillan stated once the contract is executed, they will discuss with each
Board member to see what they want, what they are willing to pay, what the
terms and conditions will be, what kind of person they want, and then a profile
will be prepared and brought back to the Board for approval.
Motion by Commissioner
Henley, seconded by Commissioner McLean to authorize the County Attorney to
execute the contract with the recruitment firm of Slavin Management.
Districts
1, 2 and 4 voted AYE.
Commissioners Carey and Van Der Weide voted NAY.
COUNTY MANAGER’S
BRIEFING
Mark Campagna, Document Management Project
Manager, addressed the Board to display a PowerPoint Presentation (received and
filed) relating to Document Management.
He began his presentation by reviewing What Document Management is
About; an Update of What They Have Been Doing with the Overabundance of Equipment; Looking Ahead to
the Current Fiscal Year; Savings Outlook; Examples of How It Works;
Productivity Outlook; Leaner Process; and ECM User Group 10/15. He concluded by summarizing how MFD’s will
save money and enable more productivity, automation and management will
decrease printing volume, and a better and more efficient way to conduct
business.
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Chairman Dallari requested that the Road
Name Change Procedures be continued to this afternoon’s meeting.
CONSENT AGENDA (Continued)
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to award
RFP-600933-10, Lease of Multifunctional Devices to Copytronics, Winter Park,
and authorize the Purchasing and Contracts Division to negotiate the finance
leasing terms and execute the agreement.
Under discussion, Ray Martinez, I.T.
Manager, addressed the Board to explain to Chairman Dallari how the compression
ratio relates to the hardware and software of the copy system. He stated there won’t be any storage capacity
issues over the next two to three years.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Dallari voted NAY.
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Chairman
Dallari recessed the meeting at 12:05 p.m., reconvening at 1:30 p.m. with all
Commissioners and all other Officials, with Clerk of Court Maryanne Morse
entering late, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk
Carylon Cohen, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner McLean, to authorize filing 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
VACATE AND
ABANDONMENT/HARDING
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of a Resolution to vacate and abandon a portion of the 35’ wide
drainage and utility easement at the rear of the property located at 388
Ringwood Circle, Winter Springs, Florida, Darryl P. Harding, received and
filed.
Cynthia
Sweet, Senior Planner, addressed the Board to present the request, stating
staff determined that vacating the requested portion of the platted drainage
and utility easement would not diminish the effectiveness of the subdivision
drainage system. Letters have been
submitted from applicable utility companies stating no objection to the
request, and a letter of approval from the Deer Run 21 Homeowners Association
was received and filed.
Clerk
Maryanne Morse entered the meeting at this time.
Ms. Sweet
said the staff recommends Board adoption of the Resolution to vacate and
abandon a portion of the 35’ wide drainage and utility easement as requested.
Michael
Harding, 1566 Pinehurst Drive, representing the property owner, addressed the
Board to state he agrees with the staff’s recommendation.
No one
spoke in support or in opposition.
District
Commissioner Dallari recommended approval of the request.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to adopt and authorize the Chairman to execute
appropriate Resolution #2010-R-246, as shown on page _______, vacating and
abandoning a portion of the 35’ wide drainage and utility easement, situated on
the south side of Lot 46, Deer Run Unit 21B, according to the plat thereof as
recorded in Plat Book 27, Page 52, of the Public Records of Seminole County,
Florida; and further described as 388 Ringwood Circle, Winter Springs, Florida,
in Section 13, Township 21S Range 30E; as described in the proof of
publication, Darryl P. Harding.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND
ABANDONMENT/MOORE
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of a Resolution to vacate and abandon a 30’ wide portion of the
unimproved public right-of-way of Iowa Avenue, Jesse E. & Carolyn J. Moore,
received and filed.
Alan
Willis, Planner, addressed the Board to present the request, stating the staff
has no objection to the requested vacate and abandonment and recommends the
Board adopt and authorize the Chairman to execute the Resolution.
Jesse E.
Moore, applicant, addressed the Board to state he did not wish to make a
presentation.
No one
spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt and authorize the Chairman to execute
appropriate Resolution #2010-R-247, as shown on page _______, vacating and
abandoning the 30’ wide unimproved right-of-way lying south of Lot 62 of the
Plat “St. Joseph’s,” as recorded in Plat Book 1, Page 114 of the Public Records
of Seminole County, Florida; located directly east of North White Cedar Road,
in Section 16, Township 19S, Range 30E; as described in the proof of
publication, Jesse E. and Carolyn J. Moore.
Under
discussion, Commissioner Carey said she thinks there is a safety issue on White
Cedar Road with the garbage trucks going back and forth to the recycling
plant. She asked County Engineer Jerry
McCollum to contact the city of Sanford to see when they are planning to make
some improvements to the road.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S BRIEFING, Continued
Tad Stone,
Public Safety Director, addressed the Board to brief them on the Road Name
Change Procedures. He said he delivered
earlier this week a written briefing and list of procedures (copy received and
filed) to the Board. He believes this
was discussed two meetings ago and there was concern about the process and how
staff goes through that process. He said
in the briefing packet he outlined what their governing documents are, which is
a section of the Land Development Code that is very specific about what they
can and cannot do. In the procedures
they put into place since February of this year they tried to nail down the
process to make sure they do the notifications to the Commissioners and the
residents that might be impacted. They
try to solicit the residents’ recommendations and bring the requests back to
the Board at any given time. He
explained the different ways the process occurs. He said staff has given the Board a new draft
(received and filed) they are working through now on the proposed changes to
the Land Development Code.
Commissioner
Van Der Weide stated he met with Mr. Stone and his issues have been resolved,
but he thinks overall the Board needs to be more involved any time a road name
is changed in their district prior to having it go forward and the
Commissioners have to step in at a public hearing. He is afraid that with the whole process,
they could be inconveniencing the citizens and that concerns him.
Commissioner
Carey said she thinks if Mr. Stone goes through and modifies the process to get
something manageable that would work.
The technology today is not what it was yesterday. Staff can’t go back and fix everything in the
County but systematically address things when they become an issue.
Mr. Stone
said that is not their approach to this at all.
Many of these have been some road realignments. Staff tries to minimize what they bring to
the Board, but sometimes they can’t help it and have to bring a matter forward.
LEGISLATIVE
UPDATE
Assistant
County Manager Sabrina O’Bryan and Susan Dietrich, Assistant County Attorney,
addressed the Board. Ms. O’Bryan stated
she has been working with the lobbyist and various staff departments to analyze
the Florida Association of Counties (FACo) priority list they put together in
September and what they will be reviewing next week at a conference. They have received comments from the
departments ranging about 14 pages. In
preparation for the Seminole County local Legislative Delegation meeting
tentatively scheduled for the 3rd, 6th or 13th
of December, she would like to request that she and Ms. Dietrich sit
individually with the Commissioners and review the proposed project funding
priorities as well as the legislative issues identified by the County
departments and pull together a final draft to submit to the Board. The local Legislative Delegation meeting
looks like it will occur prior to the next BCC meeting. To prepare for that, she will forward to the
Commissioners’ offices the first draft of the FACo legislative priorities, so
they can get some idea of what the issues are and can brief the Commissioners
one-on-one on the individual issues from the staff’s perspective.
Ms. O’
Bryan advised she received preliminary confirmation that the CBIR (Community
Budget Issue Request) request that has been abandoned for a couple of years
will most likely be abandoned this year.
Also the possible, proposed special session is tentatively scheduled for
November 16. The legislators will first
have to take office and go through their ceremony before they can declare a
special session. She has forwarded to
the Commissioners’ offices the draft from the Speaker on what he believes those
topics will include.
Commissioner
Carey requested Ms. O’Bryan to try to meet with her this afternoon so she can
review that information.
Chairman
Dallari asked for a consensus to put on the federal lobbyist list, as well as
the State lobbyist list, the SEMATECH project they are working on with
UCF. He wants to make sure that is a
priority in D.C. and Tallahassee. The
Board gave their consent.
Ms.
O’Bryan said Commissioner Carey requested that staff draft a resolution (copy
received and filed) dealing with the septic tank portion of SB 550. She has done that and distributed the draft
copy to the Board yesterday afternoon.
She asked if the Board had an opportunity to review that.
Commissioner
Carey said she wanted to discuss what would be the appropriate action for the
Board to take so they can make some changes.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt appropriate Resolution #2010-R-248, as shown
on page _______, supporting efforts to delay or repeal implementation of the
septic tank mandates of SB 550 until the Legislature has an opportunity to
reconsider the bill.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari stated at the last meeting, he spoke about a letter from the Purchasing
and Contracts Division regarding preferential treatment regarding the regional
approach.
Motion by Commissioner McLean, seconded
by Commissioner Carey, to authorize the Chairman to execute and send a letter
(copy received and filed) to surrounding counties concerning preferential
treatment regarding the regional approach.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr.
McMillan left the meeting at this time.
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COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter (w/attachment) dated September 22,
2010, from Charles Bronson, Florida Department of Agriculture and Consumer
Services, to Chairman Dallari re: 2009/2010
Annual Report for the Florida Division of Forestry’s accomplishments in the
Fire Control Program. (cc: County Manager, Leisure Services)
2. Letter (w/attachment) dated October 22, 2010,
from Mike McDaniel, Florida Department of Community Affairs (DCA), to Chairman
Dallari re: DCA’s Objections,
Recommendations, and Comments (ORC) Report which outlines their findings to
Seminole County’s proposed Comprehensive Plan Amendment (DCA No. 10-2). (cc: BCC, County Manager)
3. Notice of Public Hearing dated October 24,
2010, by the Planning Board of the City of Altamonte Springs to consider a
request by Montgomery Executive Associates, LLC, for a Conditional Use to allow
a proposed “public, private or parochial school” in the MOR-2/Mixed
Office/Residential Zoning District located at 177 Montgomery Road. (cc: BCC,
County Manager, Growth Management)
4. Letter dated October 25, 2010, from Dick
Langlotz, Seminole County 2010 Census Complete Count Committee, to Chairman
Dallari re: Appreciation for the
opportunity to serve the Board and residents of Seminole County during the 2010
Census.
5. Letter (w/attachment) dated October 26, 2010,
from Sheralyn Brinson, Crooms Grand Reunion 2010, to Chairman Dallari re: Reunion of Crooms Academy High School
Classmates and Schoolmates from the Classes of the 1930’s through 1972 to take
place on December 28-30, 2010.
6. Notice to abutting property owners from Dana
Adams, City of Lake Mary, dated October 27, 2010, re: Zoning approval given in accordance with the
City of Lake Mary’s Land Development Code to Wildcat Fence/Glenda Ahlfeld to
conduct a home occupation for a business to include fence installation in a
dwelling unit located at 127 N. 5th Street, Lake Mary, Florida. (cc: BCC,
County Manager, Growth Management)
7. Letter (w/attachment) dated October 28, 2010,
from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: Revised version of the 2010 channel lineup,
including listing of the new location for HD channels.
8. Letter dated October 28, 2010, from Ray
Valdes, Seminole County Tax Collector, to Chairman Dallari re: Remittance of “unused revenue” check to the
Seminole County Board of County Commissioners.
9. Copy of letter dated October 28, 2010 from
Chairman Dallari to Steve O’Dowd, Home Builders Association of Metro Orlando,
re: Congratulations on successful year
as President of the Home Builders Association of Metro Orlando.
10. Copy of
letter dated October 28, 2010, from Chairman Dallari to Florida Humanities
Council re: Letter of support for the
Island & Village of Geneva Rural Heritage Center, Inc. for promoting
educational and senior services to the community. (cc: BCC,
County Manager)
11. Copy of
letter (w/attachment) dated October 28, 2010, from Chairman Dallari to Ray
Eubanks, Florida Department of Community Affairs (DCA), re: Transmittal of Adopted Small Scale Land Map
Amendments to the Seminole County Comprehensive Plan.
12. Letter
(w/attachment) dated October 29, 2010, from Michael Snyder, Orlando-Orange
County Expressway Authority (OOCEA), to Chairman Dallari re: Schedule for the distribution of survey cards
to gather traveler information for the planning of future regional
transportation projects. (cc: BCC, County Manager)
13. Letter
dated November 2, 2010, from John Bixler, Department of Health, to Chairman
Dallari re: Notification of changes for
the Emergency Medical Services (EMS) County Grant Program for Fiscal Year
beginning July 1, 2010 and ending June 30, 2011. (cc: BCC, County Manager, Fiscal Services, Public
Safety)
14. Letter
(w/attachment) received November 2, 2010, from U.S. Department of Justice re: Copy of the Fiscal Year 2009 Annual Report to
Congress for the U.S. Department of Justice Programs’ Bureau of Justice
Assistance (BJA). (cc: BCC, County Manager, Fiscal Services)
15. Agenda
(w/attachment) dated November 2, 2010, of the Annual Assessment of the County’s
Deferred Compensation Plan (457) by Nationwide.
16. Letter
dated November 4, 2010, from D. Ray Eubanks, Department of Community Affairs
(DCA), to Chairman Dallari re: Submitted
copies of the County’s Comprehensive Plan Amendment No. 10-2, adopted by
Ordinance Nos. 2010-23, 2010-24 and 2010-25 on October 26, 2010, for DCA’s
review. (cc: BCC, County Manager)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Van Der Weide congratulated Mr. McMillan and his staff on the gambling
issue. He said Mr. McMillan has met with
all the cities, Police Chiefs, Sheriff and State Attorney, and they are all on
board with this ordinance.
Mr.
McMillan reentered the meeting at this time.
Commissioner
Van Der Weide said the County Attorney and his staff are the one to get credit
for this as the Board urged him to move on this issue.
Mr.
McMillan stated he will brief the Board on this later.
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Commissioner
Carey stated as Ms. O’Bryan mentioned, the FACo Legislative Conference is
coming up next week and she is on that board.
She has a board meeting going on and election for board seats. She doesn’t want Seminole County to lose
their one seat on that board so she needs to be there. She asked for Board approval for her to
attend the conference in Nassau County.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to approve request by Commissioner Carey to
attend the upcoming FACo Legislative Conference in Nassau County.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey said during the budget process, they talked about looking after the
2009/10 budget session to see if there was money left to look at a one-time
lump sum pay adjustment for the employees.
They did not have a pay increase last year and none coming this
year. This would not include Department
Directors or Division Managers.
Motion by Commissioner Carey to do a
one-time pay adjustment for employees (excluding Directors and Managers) in the
next pay cycle at the rate of $500 per employee. Commissioner Henley seconded the motion for
discussion.
Commissioner
Henley stated he assumes the budget staff have been able to come up with the
amount of money they are talking about and he asked what that figure will be.
Mr.
Forte said that would be about $700,000; $500 for full-time employees and $250
for part-time employees.
Commissioner
Carey said that would include the Fire Department.
Mr.
Forte advised the Sheriff did his bonus payments in September.
Commissioner
Henley said he realizes these are difficult times in the community and they are
not having to raise additional funds to do this, and it’s as a result of the
cutting back that has been going on throughout the budget year and prior to
actual adoption of the budget. He knows
the employees, with all the reductions, have assumed more work and would hate
to take on additional work. He thinks a
pay adjustment would be appropriate.
Commissioner
Carey said the amount of money is available to cover this and more, but she
thinks $500 is the appropriate number.
Commissioner
Van Der Weide said he thinks the Board is setting a terrible precedence. He would rather give a very small raise
knowing that it will also apply to the employees’ retirement benefits.
Commissioner
McLean said he agrees with Commissioner Van Der Weide. He said he appreciates the idea of rewarding
the employees but he doesn’t know that the bonus approach is the right way. That may open up a “Pandora’s box” they may
not be able to close.
Mr.
Forte reiterated that not including Division Managers and Department Directors,
that would be $700,000.
Chairman
Dallari said he would not support that.
He sees that the budget is not going to get easier but a lot
tougher. He thinks the employees are
doing a phenomenal job but, unfortunately, in these hard times he believes they
have not have seen the end or bottom of this economic slide. He said that $700,000 will go a long way next
year when they are not collecting money as they assume they will. He stated it is hard to approve a one-time
bonus or base salary. People are making
some hard decisions putting food on the table.
The Board needs to balance the budget in these next couple of years, and
that is the reason he is not voting for it.
Commissioner
Carey said she thinks in the beginning of next year would be for the Board to
look at the salaries. This was last done
with Evergreen and they met the market but it is shifting a lot now. She thinks there are a lot of people being
overcompensated so to put this into their base salary now, she doesn’t think
that is the right thing to do. She said
if the employees had not been doing what they could and did not do it right for
them to have this cost saving, the Board would not be talking about this. She would not support putting it into the
base salary because she thinks they would have some unintended consequences
they would not be able to unravel.
Commissioner
Henley said he thinks it is incumbent upon them to look at every dollar they
spend. Whether they award this or not,
that will have no impact on the rest of the community but would help a number
of citizens who happen to work for them.
He thinks it is deserved, they can afford it this time and it is the
right time to do it, because they may not be able to afford it next year or the
next. He doesn’t see things getting any
better. If they are going to look that
way at this proposal to reward staff for the hard work they have done and the
way they worked in order to help the Board to balance the budget, he thinks
they need to look at every dollar that way.
They need scrutiny on everything.
They have lost over 240 plus employees and that is one of the reasons they
are even able to consider this at this time.
The fact they can afford to do it now, it’s the time to do it.
Mr.
Forte advised that of the $700,000, $370,000 would come from the General Fund,
$200,000 from the Fire Fund and about $120,000 comes out of other funds like
the Enterprise Fund.
Districts
4 and 5 voted AYE.
Commissioners
Dallari, McLean and Van Der Weide voted NAY, whereupon, the motion failed for the lack of a majority vote.
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Commissioner
Carey stated Veterans Day is November 11 and as recognition, she recognized
Seminole County Government employees who are in the Employees Academy and will
sponsor an appreciation event for County veterans at 2:00 p.m. tomorrow at the
Renaissance Retirement Center.
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Chairman
Dallari said staff is working on rural area signage for agricultural through
the Extension Service. He asked the
Board not to delay that but find a way through GIS on that as well. He thinks that needs to be incorporated with
GIS so people can find their way instead of just having a sign on the side of
the road. He said he is talking about
signage for agricultural tourism.
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Chairman
Dallari stated he had a conversation with the Acting County Manager earlier
this week referencing the Environmental Department putting out a work order for
the master plan. He thinks this goes
well beyond what the Super 8 is requiring.
He would like to see that go out for bid because what they are doing
with the master plan is incorporating not just potable water but sanitation as
well as conservation. He said the Super
8 group is primarily for the engineering done for program management. He thinks for the Board to be totally transparent,
it behooves them to put it out to bid.
He is asking staff to bring this back so they can all be briefed on it
so they can talk about it.
Commissioner
Henley said he doesn’t have any objections to bringing this back but what
concerns him at this point is they are attempting to intercede. He doesn’t know what action the Chairman is
requesting other than for staff to explain.
He believes the County Attorney said it was within the purview of the
Super 8. He doesn’t question the Board’s
authority to take over and send out for a RFP, which will probably take four to
six months. The fact that staff has gone
and done their work in good faith and the Commissioners have the responsibility
to act in good faith. He is concerned
about the appearance here. This probably
will be considered by some that it is politically motivated and will affect the
credibility of this Board and staff if they decide not to do it, since the
County Attorney indicated it is well within the purview of the Super 8. Again, he doesn’t question the authority, but
he questions the wisdom if the Board intercedes now and start all over.
Commissioner
Carey said she thinks most of them have seen the memo and talked to Mr. Hooper
and Mr. Neff and seen the memo Mr. Forte sent out. She thinks everything that was done was
within their policies and procedures, but if they want it to be a smaller
dollar amount and are clarifying what the Super 8 is doing. The Board clarified that in the beginning so
staff would have flexibility. She agrees
with Chairman Dallari that that may not have been the best decision in the
beginning, but the fact they are out there doing their work and everything has
been within their rules and guidelines and above board, she is not sure they
should stop that process now. Discussion
continued.
Chairman
Dallari said if the Board feels comfortable with it, he’s o.k.
Commissioner
Van Der Weide said he feels comfortable and at this stage of the game, this
would be an issue with him. Why would
they change direction after staff in good faith has gone down another path that
nothing is wrong with it.
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Motion by Commissioner McLean, seconded
by Commissioner Carey, to adopt appropriate Resolution #2010-R-249, as shown on
page ______, of appreciation to Jeff Triplett for his service on the Port
Authority Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey said they actually have a couple of people who served on the Citizens
Advisory Committee who were elected to public office. This was Karen Almond and Jeff Triplett. If they look at the list, there are a couple
that are Board appointments that they need to think about.
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Commissioner
Carey asked Mr. McMillan to meet with the Commissioners about the Sanford CRA
seats and let them know what their process is so they can fill those
seats.
COUNTY
MANAGER’S REPORT
Mr.
Forte said he has a request from the Jolly Gator Fish Camp located off SR
46. They used to have a sign attached to
the C.S. Lee Park sign. That was taken
down some time ago. The owners of the
Fish Camp are having trouble with patrons finding them and have asked
permission to put a sign up on County property in between the V-shape sign the
County has. They asked for an extensive
sign and the only way they can do that is by a way of finding the sign is for a
public purpose. They do have a public
boat launch and restroom facilities that are used by the citizens in the
park. He thinks, with the Board’s
permission, they can probably o.k. them to erect a sign in this area that
simply says “Jolly Gator Boat Launch” with an arrow so people will at least
know that is where it is located.
Ms.
O’Bryan showed a copy of the proposed sign to the Board (not received and
filed).
Commissioner
Carey said she would think the Board would allow Jolly Gator to place a sign
because they are in the agri-tourism business.
They have a public boat ramp and the facilities are used by the citizens
when they are at that park. She would
like to try to work with them because if they are going to allow all other
agri-tourism businesses to place signs in County right-of-way, she doesn’t
think they should treat Jolly Gators any differently.
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Commissioner
Van Der Weide said he understands there are some cities that would love to have
their logo on the bridges at the school crosswalks. He is wondering why they can’t study that
issue. When they have special events
like the event at the airport, maybe they could put a banner up or something
temporarily that meets certain criteria.
He doesn’t know what would be wrong with allowing the cities to have
their logo on those overpasses.
Chairman
Dallari said he would like to see the actual sign.
Mr.
Forte said there is criteria within the Land Development Code. He will bring this back. The Board voiced no objections.
Commissioner
Van Der Weide said if they are going to discuss this in detail with the cities,
the cities need to pay for the installation and there needs to be some
restrictions.
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Mr.
Forte thanked Commissioner McLean and said it was a pleasure working with him
as a member of the BCC.
COUNTY
ATTORNEY’S REPORT
Mr.
McMillan said he would report on a series of ordinances they have been dealing
with since the last meeting. Regarding
the gaming ordinance, they were tasked with trying to come up with something to
deal with the proliferation of internet cafes that were utilizing gaming
equipment to draw patrons in under the notion that they were only buying
internet time. The Board passed about
two months ago a resolution to address the issue of the State Statutes. Many cities in the County and in the State
are passing moratoriums trying to regulate the internet café business
models. When the Board met and discussed
it, they elected to stay away from that.
He met with the Sheriff’s Office and State Attorney’s Office to discuss
this issue. He also met with all seven cities
a week ago last Friday on this and other issues. They are proposing to go directly at the
problem which is utilization of the machines.
It is either real casino gambling or not and they will outlaw that
activity in the County. That has the
support of the Sheriff, State Attorney and with the city representatives who
were at the meeting last Friday. They
will proceed to do this on a countywide basis so they don’t have to deal with
it individually. Staff has drafted the
ordinance (copy received and filed) and each of the Commissioners has been
given a copy, and he distributed additional copies. Mr. McMillan said he is ready to act on the
ordinance for advertising and he will bring it back for a public hearing.
Upon
inquiry by Commissioner Carey, Mr. McMillan advised he talked with the State
Attorney and the Sheriff is talking with the State Attorney about
prosecution. He explained the ordinance
would be enforced through the Sheriff’s Office and State Attorney’s Office and
this is not a statewide prosecutor issue.
Commissioner
Van Der Weide said he is very proud of the fact they are where they are now
with this issue. He commended the County
Attorney’s Office, Sheriff’s Office and the Cities.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Henley, to authorize staff to advertise and schedule a
public hearing for the proposed Ordinance on prohibiting the use of simulated
slot machines.
Under
discussion, Mr. McMillan said he will probably bring this back in December.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr.
McMillan discussed the proposed ordinance on foreclosure registration. He said he believes his staff, Assistant
County Attorney Donna Wysong, and Planning & Development Director Nicole
Guillet have met with each Commissioner.
He thinks they have come up with a model they can bring back at the next
meeting with authorization to advertise.
Chairman
Dallari said his biggest issue was the actual fee and structure. He spoke to a couple of realtors and learned
there is a web site available and he gave a copy of the information regarding
it to Mr. McMillan. He said it is
everything the BCC is trying to do but the County is not involved.
Mr.
McMillan said he will review that. He
thinks they came to the conclusion that if there is a fee, it will probably be
minimal and possibly nothing. That is
why they need a little more time. He
said Mr. Forte and IT staff would work together so the applicants can apply
online.
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Mr.
McMillan reported on secondary metals recycling. He thinks they have the final draft from
Orange County and staff will review that.
They will bring that back in December or January.
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Mr.
McMillan reported on the proposed pain clinic ordinance that Ms. Wysong
listened in on an Orange County workshop meeting today on pain clinics. Apparently they had a lot of good information
and testimony from doctors about what the problems may be. He will work with the Sheriff’s Office on
that. He said some of the moratorium
ordinances he has seen are real broad and staff is a little sensitive about
that. He will report back to the Board
on that.
Commissioner
Carey said a number of these are governed by the State. She thinks if they have problem with the
regulations by a State agency, they need to make sure the State legislators are
aware of it. She asked Ms. O’ Bryan to
add that to the list of legislative issues.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:27 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
er/cc