BOARD OF
COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
DECEMBER 9,
2008
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:31 a.m., on Tuesday, December 9, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of the said
Board.
Present:
Chairman Bob Dallari
(District 1)
Vice Chairman Mike McLean
(District 2)
Commissioner Dick Van Der
Weide (District 3)
Commissioner Carlton Henley
(District 4)
Commissioner Brenda Carey
(District 5)
Clerk of Circuit Court
Maryanne Morse
County Manager Cindy Coto
County Attorney Robert
McMillan
Deputy Clerk Sandy McCann
Pastor Ron
Williams, Palmetto Avenue Baptist Church, gave the Invocation.
Commissioner
Brenda Carey led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-253, as
shown on page ________, recognizing James R. Allen for his 19 years of service
and dedication to Seminole County Government and its citizens upon his
retirement on December 31, 2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mr. Allen, who addressed the Board to express his
appreciation.
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Motion by Commissioner McLean, seconded
by Commissioner Carey to adopt appropriate Resolution #2008-R-254, as shown on
page _______, recognizing Natalie Palumbo for her accomplishments in the 4-H
Horse Program and for being awarded the Florida 4-H Horseman of the Year
Scholarship.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mrs. Palumbo (Natalie’s mother) who addressed the
Board to thank the Board and to speak in support of the 4-H Program of Seminole
County.
A man,
representing the Seminole County 4-H Program, addressed the Board to express
his appreciation to the BCC for their support of the Program.
A video
(not received & filed) was shown of Natalie thanking the Board for their
recognition of her.
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Shelley
Lauten, President of MyRegion.org, addressed the Board to give a PowerPoint
presentation (copy received & filed) on the effort of naming the Central
Florida Commuter Rail. She discussed the
scientific survey they conducted in partnership with the FDOT, advising the
overwhelming belief is that the solution for the region’s transportation
problem lies outside the automobile. She
discussed the design elements results from the survey and displayed same. She also showed the test names of the rail
and the final design concepts which are: “SunRail” and “SunTrax”. She advised the final recommendations will be
presented to the Central Florida Commuter Rail Commission on December 19,
2008.
Commissioner
Carey stated that personally, she likes the “SunRail” name.
Ms. Lauten
complimented the County’s Planning staff for their work on the rail.
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Larry
Strickler, Senior Vice President of Public Affairs for Workforce of Central
Florida, addressed the Board to give a PowerPoint presentation (not received
& filed) on the state of Workforce of Central Florida. He discussed the 2008 State of the Workforce
Study (pamphlet regarding same was received & filed) advising the study
results are on their website. He
reviewed the following: Study
Objectives; Workforce Challenges; Workforce Advantages; Employer Challenges;
and Employer Advantages. He stated that
the Board of Directors hope to do this study every two years.
Commissioner
Carey commented that the Workforce of Central Florida’s application is very
extensive and requires social security numbers.
She said she believes applicants are concerned with giving out sensitive
information because of the computer breech that recently occurred.
Mr.
Strickler advised Tallahassee and the Department of Labor require that
information and because they receive grant money from them, they cannot exclude
the information. He added that the
computer breech also came from Tallahassee and not locally. He further advised that there is a new online
school (Kaplan University) coming to the area and there will be a job fair this
Saturday. He added that Workforce plans
to be there as they will be hiring 2,000 people.
Chairman
Dallari thanked Mr. Strickler for his presentation.
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The
Chairman recessed the BCC meeting at 10:12 a.m., in order to convene the
meeting of the U.S. Hwy. 17-92 Community Redevelopment Agency.
U.S. HWY.
17-92 COMMUNITY REDEVELOPMENT AGENCY
Planning
& Development Director, Dori DeBord, addressed the Board to present the
U.S. Hwy. 17-92 Grant Criteria Program, advising the information in front of
the Board has been a culmination of several different reviews by staff. She said staff looked at CRA’s across the
country and past CRA’s in the County and cities. She asked for Board comments and
questions.
Commissioner
Carey stated she has a number of concerns on both the mini grant and the
regular grant. She said both refer to
the “Core Urban Green Living” theme; however, there is no definition of what that
means. She further said that she would
like this to be consistent with the Comp Plan.
She referred to page 3 of the mini grant and stated that she feels the
reroofing (changing the façade/under $10,000) should be an allowable use. She also referred to page 4 of the mini
grant, Item G, requiring a rendering or sketch of property improvements,
stating professional renderings are expensive; and she would hope a simple
sketch would be acceptable. With regard
to Item 5 on page 5 of the mini grant, she expressed her concern about lien
holders having to subrogate their lien interests as a condition of the
grant. She also expressed concern about
applications having to be reviewed and approved before work begins, stating
that if the applicant wants to take the risk, they should be allowed to start
work. She said she would like to make
this more “real world”, and referred to the requirement for paid invoices
before reimbursement (page 6). She
stated that she does not believe they should be dictating colors as listed on
page 7; and asked that language as used in the Comp Plan be used for this. She suggested that the word “exterior” be
added to “handicapped accessibility” on page 7.
On page 13, Addendum C (Matching Sign), she suggested the $5,000 limit
be per sign. She stated that she
believes some of the language on page 14 (Façade Rehabilitation) should be
reconsidered.
Commissioner
Henley expressed his concern with the language stating that the grant money
will be given on a “first come – first serve” basis. He would rather see the grants be given where
the money will have the most impact.
Discussion ensued with regard to a timeline for awarding the
grants.
Ms. DeBord
stated staff could set a monthly meeting of the RPA Board to review the grants
for awards. The Board concurred with
monthly awards.
Upon
inquiry by Chairman Dallari, Clerk of Circuit Court, Maryanne Morse, advised
the best way to handle this is to obtain a release of lien.
Ms. DeBord
advised the mini grant was put together with the concept that the RPA Board
would be able to make the awards from a pot of money in order to move the
applications through the system quickly.
Commissioner
Carey stated she does not believe the RPA has the authority to make the
awards. Whereupon, County Attorney,
Robert McMillan, advised the RPA was created by interlocal agreement and he
does not believe they have the authority to allocate funds and many things
would need to be modified. He further advised
that there is no reason why the CRA could not review the grant applications on
a monthly basis and make awards. He
added that the awarding of the grants responsibility should remain with the CRA
and not some other Board.
Ms. DeBord
stated staff will make all the changes discussed today in both the mini grant
and the regular (big) grant.
Under
discussion of the regular grant, Commissioner Carey stated on page 3, under
qualifying improvements, sewer lines should be listed; and she briefly discussed
available funding and matching requirements as outlined at the top of page
4. Whereupon, Ms. DeBord advised the
sentence should read, “A maximum amount of up to 20% of the total project may
be allocated” and the words “non-landscaping” deleted.
Commissioner
Carey commented that the application should be received from the “Seminole
County Planning Department” rather than “Seminole County Services Building” as
stated on page 4 (1). She also objected
to the amount of information the application is requiring to be filled out,
stating she believes some of this information is not relevant.
Commissioner
Henley expressed his concern with not having any guidelines for return on
investments and said he does not believe the land should be considered. He added that he would like to see the land
excluded from the project cost and then the 20% work from that. Discussion ensued.
Commissioner
Carey stated she feels questions 14 thru 16 and questions 18 through the
remainder of the application are way over the top; and would she like them
deleted from the application.
Chairman
Dallari said he would like to know the number of employees. Whereupon, Commissioner Carey stated a simple
question asking how many employees after the redevelopment could be asked, but
not include the positions and wages.
Commissioner
Van Der Weide stated the Board needs to keep in mind that if the process is too
complicated, businesses will not come forward to redevelop.
Commissioner
Carey discussed question 25 on the application regarding the question of if the
applicant would be willing to provide an easement to establish a bus
shelter. She said that should be part of
the final development order and not an easement that encumbers the property
until there is a need for the shelter.
Ms. Debord
reviewed and clarified with the Board the changes they requested at today’s
meeting. She reiterated that staff will
set up a monthly application process for each of the grants.
Discussion
ensued with regard to including reclaimed water lines as an allowable use; and
the Board directed that be included in the grant.
Motion by Commissioner Henley, seconded
by Commissioner Carey to approve the U.S. Hwy. 17-92 Grant Criteria program, as
amended and revised this date.
Under
discussion and upon inquiry by Commissioner Carey, Ms. DeBord advised she will
make all the revisions to the criteria and distributed copies of same to the
Board.
Commissioner
Carey stated that she would like to see the amended version.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms. DeBord
presented request for median landscaping improvements on U.S. Hwy. 17-92 from
Park Drive to Airport Boulevard, advising this is a joint effort with the city
of Sanford.
Commissioner
Carey stated she is in support of this.
However, she would like to see a complete plan of what the landscape
will look like for the entire length of 17-92.
She said she would like to make sure that there are drought-tolerant
plants in that plan.
Brian
Nipes, Greenways & Natural Lands Manager, addressed the Board to advise he
has been working alongside the CRA staff to make sure that the plants they will
use in the median are drought-tolerant.
Commissioner
Carey reiterated that she is in support of the request, with the plan to be
finalized by Mr. Nipes.
Motion by Commissioner Carey, seconded
by Commissioner Henley to authorize the Chairman to execute the U.S. 17-92 CRA
Redevelopment Interlocal Grant Agreement, as shown on page _______, between the
CRA and the city of Sanford for the Median Beautification Project; and
authorize the Chairman to execute appropriate Resolution #2008-R-274, as shown
on page ________, implementing Budget Amendment Request #09-09 through the CRA
Fund in the amount of $389,950.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Dallari clarified with Ms. DeBord that staff will be working on the landscaping
plan for the entire length of 17-92, as discussed by Commissioner Carey.
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Ms. DeBord
presented request for approval of the U.S. Hwy 17-92 CRA Redevelopment Grant
Agreement with TGJP Enterprises for the Patio Grill Construction Project
located at 2900 Orlando Dr., Sanford.
She advised of some revisions to the agreement as follows: (1) Seminole County Economic Development
Department listed on page 9 needs to be changed to the Planning &
Development Department; and (2) Spartan in Section 18(a) needs to be changed to
TGJP Enterprises.
Commissioner
Carey stated that she believes the changes that TGJP Enterprises has made to
the property is wonderful.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to authorize the Chairman to execute the U.S.
17-92 Redevelopment Grant Agreement, as shown on page _______, between the CRA
and TGJP Enterprises for the Patio Grill located at 2900 South Orlando Drive,
Sanford; and authorize the Chairman to execute appropriate Resolution
#2008-R-275, as shown on page _______, implementing Budget Amendment Request
#09-10 through the CRA Fund in the amount of $233,188.
Under discussion,
Commissioner Henley stated he will not support the motion because he feels the
13.2 years recovery time is wrong. He
said the total cost includes the land costs and he disagrees with including
that in the calculation.
Commissioner
Carey stated this is what the staff told the applicant would be allowed. She added that the Board has now corrected
that and it will not be included in the calculations in the future.
Districts
1, 2, 3 and 5 voted AYE.
Commissioner
Henley voted NAY.
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Ms. DeBord
presented request for approval of the U.S. 17-92 CRA Redevelopment Grant
between the CRA and OJ Haines Enterprise for the Batista Office Complex located
at 2546 South French Avenue, Sanford.
Commissioner
Carey advised she is in support of the request; and pointed out that the
applicant was directed to use the old grant application form.
Motion by Commissioner Carey, seconded
by Commissioner McLean to authorize the Chairman to execute the U.S. 17-92 CRA
Redevelopment Grant, as shown on page _______, between the CRA and OJ Haines
Enterprises for the Batista Office Complex located at 2546 South French Avenue,
Sanford; and authorize the Chairman to execute appropriate Resolution
#2008-R-276, as shown on page _______, implementing Budget Amendment Request
09-11 through the CRA Fund in the amount of $206,127.
Under
discussion, Commissioner Henley stated he has the same concern as he had with
the previous item.
Chairman
Dallari stated he feels that some of the costs are not acceptable.
Districts
2, 3 and 5 voted AYE.
Commissioners
Dallari and Henley voted NAY.
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The
Chairman adjourned the U.S. Hwy. 17-92 CRA meeting at 11:22 a.m., and
reconvened the BCC meeting at 11:31 a.m., this same date.
COUNTY
MANAGER’S CONSENT AGENDA
County
Manager, Cindy Coto, presented the Consent Agenda, advising under Item #32,
request to rename Beardall Avenue to Skyway Drive, that staff has received one
letter in opposition.
Commissioner
Carey requested Item #32 be pulled
for a separate vote. She also requested, under Item #45, request
to increase speed limit on Markham Woods Road, that the speed limit not be
raised until the construction is completed.
Commissioner
McLean requested that Traffic Engineering review the speed limit on Country
Club Road (between Lake Mary Boulevard and CR 427) in order to make it
consistent throughout.
Clerk of
Circuit Court, Maryanne Morse, discussed Item #10, travel expenses for
Commissioner McLean, stating this is considered to be Class C travel. Per State Statutes, Class C travel means no
overnight stay and only mileage is reimbursable. She said the dinner meal will not be approved
because there is no overnight stay.
Also, there was a reception provided at 6:00 p.m., so the $17 for the
dinner meal should be excluded.
Ms. Coto
stated that her memo regarding travel and meals only applied to her
employees.
County
Attorney, Robert McMillan, briefly discussed the Statute dealing with Class C
travel and the Board’s travel policy.
Commissioner
Carey stated the FAC conference was a multi-day event and Commissioner McLean
did travel there to represent the BCC.
She added that if he had to have a meal, then he should be reimbursed;
and said that there was no lunch or dinner included with the conference.
Motion by Commissioner Carey, seconded
by Commissioner Henley to approve and authorize the following:
County Manager’s Office |
9. Approval
by the Board of County Commissioners to reimburse miscellaneous mileage
expenses for Commissioner Henley in the amount of $201.24.
10. Approval by the Board of County Commissioners
to reimburse mileage expenses to the Florida Association of Counties Conference
in November for Commissioner McLean in the amount of $83.82.
Administrative
Services
Purchasing and Contracts
11. Award CC-3631-08/VFT Agreement, as shown on
page _______, in the amount of $7,105,621.71 to Southern Site Works, Inc., of
Zephyrhills, Florida, for all labor, materials, equipment, tools,
transportation, services and incidentals required for the road construction of
approximately 1.971 miles of the Bunnell Road/Eden Park Avenue Roadway.
12. Award CC-3822-08/DRR Agreement, as shown on
page _______, Consumer/Lake Hayes Water Transmission Main - Phase II in the
amount of $1,259,618.00 to R.A. Scott Construction Company of Daytona Beach,
Florida.
13. Approve Change Order #9, as shown on page
_______, to CC-2143-07/DRS with Southern Building Services, Inc., of Winter
Garden, Florida, in the amount of $21,095.65, to provide for additional work
involving mold remediation at the Fire Station 27 project site.
14. Approve Proprietary Source Procurement for the
Wonderware Software Maintenance and Support with Insource Software Solutions,
Inc., Richmond, VA, through the time the County owns the equipment ($34,413.00
per year).
15. Waive the Procurement Process and approve a
Single Source Procurement for the Annual UPS Maintenance Agreement with
Computer Power Systems, Inc., Winter Springs (Not-to-Exceed $52,285.00 per
year).
16. Approve the negotiated rates and award
PS-3306-08/JVP Agreement, as shown on page _______, Construction Engineering
and Inspection Services for Lake Emma Road with HDR Construction Control
Corporation, Orlando, Florida (Estimated Usage Amount of $1,400,000.00 over the
term of the contract).
Support Services
17. Approve and authorize renewal of the County's
Workers' Compensation, Property and Liability insurance effective 1/01/2009 -
12/31/2009 with Arthur J. Gallagher Risk Management Services, Inc.
Community
Services
Community Assistance
18. Approve and authorize the Chairman to execute
the First Amendment to Agreement - Seminole County/The Center for Affordable
Housing, Inc. HOME Program – Community Housing Development Organization
Affordable Housing Development Agreement Program Years 2005-2006 and 2006-2007,
as shown on page _______.
Environmental
Services
Business Office
19. Approve the Release of the original Water and
Sewer Cash Maintenance Bond w/Escrow Agreement in the amount of $1,081.00 for
the project known as Orange Blossom Business Center Lot 16.
Solid Waste Management
20. Approve and authorize the Chairman to execute
Certificate of Public Convenience and Necessity, as shown on page _______, for
Keller Outdoor, Inc.
Fiscal
Services
Administration – Fiscal Services
21. Approval to partner with the Homeless Services
Network to submit a grant application to the U.S. Department of Housing and
Development, requesting $570,953.00 in funds through their Shelter Plus Care
Program.
22. Approval to partner with Community Based Care
of Seminole to submit a grant application to the U.S. Department of Public
Health Services for their Child Mental Health Initiatives Grant Program; and
authorize the Chairman to execute supporting documents, as shown on page
_______.
23. Approve to submit a grant application to the
Florida Division of Emergency Management requesting grant funds through their
Flood Mitigation Program, and authorize the Chairman to execute supporting
documents.
24. Approve and authorize the Chairman to execute
a grant agreement, as shown on page _______, between the Florida Division of
Emergency Management and Seminole County in acceptance of $63,000.00 in funding
through their Homeland Security Grant Program.
25. Approval to submit an application to the International
City/County Management Association requesting up to $60,000.00 in grant funds
through their Public Library Innovation Program, and authorize the County
Manager to execute any supporting documents.
Budget
26. Approve and authorize the Chairman to execute
a Resolution #2008-R-225, as shown on page _______, implementing Budget
Amendment Request (BAR) #09-15 through the Public Safety Federal Grants Fund in
the amount of $63,000.00 to increase funding for homeland security efforts.
27. Approve and authorize the Chairman to execute
a Resolution #2008-R-256, as shown on page _______, implementing Budget
Amendment Request (BAR) #09-16 through the Public Works Grant and the 2001
Infrastructure Sales Tax funds in the amount of $462,000.00 to establish and provide
funding for the Lake Mills Road Water Control Structure.
28. Approve and authorize the Chairman to execute
a Resolution #2008-R-257, as shown on page _______, implementing Budget
Amendment Request (BAR) #09-17 through the Public Works Grant and the 2001
Infrastructure Sales Tax funds in the amount of $530,000.00 to provide funding
for the Howell Creek at Lake Howell Road Water Control Structure.
29. Approve and authorize the Chairman to execute
a Resolution #2008-R-258, as shown on page _______, implementing Budget
Amendment Request (BAR) #09-18 through various funds in the amount of
$128,243,746.00 in order to carry forward the remaining unexpended project
funding from FY 2007/08 to FY 2008/09.
30. Approve and authorize the Chairman to execute
Budget Change Request (BCR) #09-01 through the 2001 Infrastructure Sales Tax
Fund in the amount of $95,000.00 in order to establish and provide initial
funding for the Greenwood Boulevard Sidewalk project.
31. Approve and authorize the Chairman to execute
Budget Change Request (BCR) #09-02 through the Stormwater Fund in the amount of
$52,705.00 in order to establish and provide funding for the Lake Jesup
tributaries Storm Event Monitoring project.
Planning
and Development
Development Review
33. Authorize the release of the Celery Estates
Maintenance Agreement and Letter of Credit #P003544 in the amount of $35,709.77
for the Celery Estates North road improvements.
34. Approve and authorize the Chairman to execute
the final plat for Mossy Oaks. The plat
contains 2 lots on a 4.697 acre parcel zoned A-1 (Agriculture). The site is located on the north side of Grove
Avenue, south west of Howell Branch Road, in Section 35, Township 21 S, Range
30 E. (Thomas A. Woodruff).
35. Approve and authorize the Chairman to execute
the final plat for H & H Farms, containing 3 lots on a 5.06 acre parcel
zoned A-1, located on East Chapman Rd., approximately 2,150 feet east of
Alafaya Trail in Section 22, Township 21S, Range 31E. (Udell F. Holmes, Michael
Holmes and Leslie Stewart).
Planning
36. Approve the Satisfaction of Lien, as shown on
page _______, in the amount of $2,300.00, Case No. 05-08-CEB, on 133 Jackson
Street, Altamonte Springs, Tax Parcel #18-21-30-502-0B00-010A and 18-
21-30-502-0B00-010B, previously owned by Dwight R. & Keitra L. Beacham and
currently owned by Mary K. Blake-Clemons, and authorize the Chairman to execute
a Satisfaction of Lien.
Public
Works
Engineering
37. Approve and authorize the Chairman to execute
the First Amendment, as shown on page _______, to the Interlocal Governance
Agreement in conjunction with the Central Florida Commuter Rail System.
38. Approve and authorize the Chairman to execute
a Mitigation Reservation and Purchase Agreement (MRPA), as shown on page
_______, for the purchase of wetland mitigation units by Seminole County in
conjunction with the Chapman Road Improvement Project from Schrimsher, Inc.,
the owner of the Lake Jesup Mitigation Area.
39. Approve and authorize the Chairman to execute
a Purchase Agreement, as shown on page ________, between A.K. Shoemaker Limited
Partnership and Seminole County for property needed for stormwater facilities
on Beth Drive in Ravenna Park Subdivision.
40. Adoption of appropriate Resolution #2008-R-259,
as shown on page _______, authorizing the Chairman to execute a Subordination
Agreement, as shown on page _______, between Seminole County and the city of
Sanford to facilitate the construction of an Entrance Streetscape within a
Traffic Signal Pole Easement located on the corner of N. French Avenue (U.S.
Highway 17/92) and 1st Street.
41. Approve and authorize the Chairman to execute
Agreement #69-4209-9-1722, as shown on page _______, between Seminole County
and the U.S. Department of Agriculture, Natural Resources Conservation Service
to facilitate the Howell Creek Water Control Structure Replacement Project.
42. Approve and authorize the Chairman to execute
an Agreement, as shown on page _______, with the U.S. Department of
Agriculture, Natural Resources Conservation Service, to build stormwater control
structures and provide additional erosion protection to Mills Creek at Lake
Mills Road.
Traffic Engineering
43. Adopt and authorize the Chairman to execute appropriate
Resolution #2008-R-260, as shown on page _______, increasing the speed limit on
Greenwood Boulevard from 30 miles per hour (mph) to 35.
44. Adopt and authorize the Chairman to execute appropriate
Resolution #2008-R-261, as shown on page _______, increasing the speed limit on
Ronald Reagan Boulevard (CR 427) from 40 miles per hour (mph) to 45.
45. Adopt and authorize the Chairman to execute appropriate
Resolution #2008-R-262, as shown on page _______, increasing the speed limit on
Markham Woods Road south and north of E.E. Williamson Road from 35 miles per hour
(mph) to 45.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Discussion
ensued with regard to Item #32, request for renaming of Beardall Avenue to
Skyway Drive.
Commissioner
Carey suggested renaming the portion of Beardall Avenue north of Lake Mary
Boulevard dead-ending into the south ramp of 419 to “South Ramp Road” and the
remainder of the road, south of Lake Mary Boulevard, to “Skyway Drive.”
Director
of Public Safety, Tad Stone, addressed the Board to advise if the Board wants
to name part of the road “South Ramp Road,” notification needs to be made to
the property owners. He added that from
a public safety standpoint, staff does not like a single road to be named
different names.
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve renaming the portion of Beardall Avenue north
of Lake Mary Boulevard dead-ending into the south ramp of 419 to “South Ramp
Road” and the remainder of the road south of Lake Mary Boulevard to “Skyway
Drive.”
Under
discussion, Commissioner Henley stated that it is only fair to go back to
notify the property owners of the newly suggested name.
Commissioner
Carey withdrew her motion at this
time.
Motion by Commissioner Carey, seconded
by Commissioner McLean to continue until the first meeting in January, 2009,
consideration of renaming Beardall Avenue.
Under
discussion, Director Penny Fleming of the Seminole County Sheriff’s Office
addressed the Board to advise their CAD System does not recognize directional
names (i.e. north, south, east & west).
Commissioner
Henley stated it concerns him that they have a 911 Committee who study these
things and then the BCC disregards their recommendation.
Commissioner
Carey requested that, in the future, the District Commissioner be involved with
the name change process at the beginning so his or her input can be
considered.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide to approve a mediated settlement relating to
Parcel #102/702 on the CR 15 Project, property owned by Sobik’s of Airport
Blvd., Inc., in the amount of $513,176.44 inclusive of all compensation to the
owner, business damages, statutory attorney’s fees, expert fees, cost
reimbursements and interest, and any other matter for which Seminole County
might be obligated to pay relating to these parcels.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
CLERK’S
OFFICE
Motion by Commissioner McLean, seconded
by Commissioner Carey to approve and authorize the following: Expenditure Approval Lists, as shown on page
________, dated November 3, 12 & 17, 2008; Payroll Approval List, as shown
on page ________, dated October 30, 2008; and BCC Minutes dated October 28,
2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “received &
filed”:
1. Amendment
#2, as shown on page _______, to Work Order #51 for PS-5150-03.
2. Executed original Florida Recreation Development Assistance Program
Grant Agreements, as shown on page _______, for Wilson’s Landing and Jetta
Point Park, as approved by the BCC on August 12, 2008.
3. Clerk’s Amended 2007/08 Budget Ver.2, as shown on page ________,
for Fiscal Year ending September 30, 2008.
4. Amendment #2, as shown on page _______, to Work Order #24 for
PS-0381-06.
5. Parks Contracts, as shown on page _______, for Karen Fleming Fay
and Thomas Flaherty.
6. First Amendment, as shown on page _______, to the Agreement between
the St. Johns River Water Management District and Seminole County for the
Yankee Lake Surface Water Treatment/Reclaimed Water Augmentation Project, as
approved by the BCC on August 26, 2008.
7. Work Order #31, as shown on page _______, to RFP-0225-05.
8. Work Order #7, as shown on page _______, to PS-5180-05.
9. Work Order #4, as shown on page _______, to PS-5172-04.
10. U.S. Highway 17-92 CRA
2007 Annual Report.
11. Amendment #1, as shown
on page _______, to Basic Agreement M-0398-06 with Alpine Software Corp.
12. Amendment #1, as shown
on page _______, to Work Order #2 for PS-5192-05.
13. Parks Contracts, as
shown on page _______, with Francis F. Bussey; David J. DiFonzo; Clyde Lee
Graham; James Lee Hood; John E. Shinkle; and Carol Wood.
14. Amendment #4, as shown
on page _______, to RFP-0613-06, Skanska USA/Wharton Smith Joint Venture.
15. Work Order #106, as
shown on page _______, to PS-5165-04.
16. Amendment #2, as shown
on page _______, to IFB-3099-05, Airwick Professional Products.
17. Work Order #1, as
shown on page _______, to PS-2774-07.
18. Work Order #28, as
shown on page _______, to CC-1075-06.
19. Change Order #2, as
shown on page _______, to CC-2702-07.
20. Change Order #5, as
shown on page _______, to CC-2167-07.
21. Change Order #8, as
shown on page _______, to CC-2143-07.
22. Work Order #45, as
shown on page _______, to PS-1529-06.
23. Work Order #44, as shown
on page _______, to PS-1529-06.
24. Corrected Purchase
Agreement, Fee Simple, and Addendum A, as shown on page _______, between Aloma
Square, LLC, and Seminole County, as approved by the BCC on September 9, 2008.
25. Work Order #63, as
shown on page _______, to PS-5120-02.
26. Work Order #31, as
shown on page _______, to PS-0381-06.
27. Development Order, as
shown on page _______, for Regina Thermenos, 473 Eagle Circle.
28. Addendum #2, as shown
on page _______, to the Savannah Park at Heathrow PUD Developer’s Commitment
Agreement.
29. Utility Agreement, as
shown on page _______, for Sewer Service between Seminole County and WRI
Seminole II, LLC.
30. Letter, as shown on
page _______, of acceptance of the water system and Bill of Sale for the Little
Pros Day Care Center.
31. Change Order #1, as
shown on page _______, to Work Order #23 for CC-1075-06.
32. Change Order #1, as
shown on page _______, to Work Order #1 for CC-2184-07.
33. Closeout of Work Order
#2, as shown on page _______, to CC-1075-06.
34. Amendment #1, as shown
on page _______, to Work Order #25 for PS-0381-06.
35. Work Order #73, as
shown on page _______, to CC-1220-03.
36. Work Order #72, as
shown on page _______, to CC-1220-03.
37. Closeout, as shown on
page _______, of Work Order #3 to CC-1075-06.
38. Work Order #30, as
shown on page _______, to CC-1075-06.
39. Work Order #105, as
shown on page _______, to PS-5165-04.
40. Change Order #4, as
shown on page _______, to RFP-0613-06.
41. Certified copy of
Resolution #2008-182 from Nassau County regarding support of a constitutional
amendment that requires state legislators to operate under the same Sunshine
Laws under which county officials operate.
42. Assistant and
Associate Tennis Pro Agreements, as shown on page _______, between Seminole
County and the following: Mick Andrews,
Michael Custer, John Gegenheimer, and Michael Perkinson.
43. Head Tennis Pro
Agreements, as shown on page _______, with Mark Pachtner and Brian Morrissey.
44. Tennis Developmental
Instructor Agreements, as shown on page _______, with James J. Peters and
Brittany Collins.
45. First Amendment, as
shown on page _______, to PS-5151-03, BCI Engineers & Scientists, Inc.
46. Amendment #3, as shown
on page _______, to Work Order #24 for PS-0381-06.
47. Work Order #74, as
shown on page _______, to CC-1220-03.
48. Letters to Maryanne
Morse, Clerk of the Circuit Court, from Donna Gardner, Casselberry City Clerk,
forwarding certified copies of Ordinances 08-1253, 08-1254, 08-1255, 08-1257,
08-1258, 08-1259 and 08-1260 regarding annexations.
49. Parks Contracts, as
shown on page _______, for Services with Francine C. Evans and Daniel Tucker.
50. Civil Traffic Hearing
Officer Service Agreements, as shown on page ________, with Charles J. Cino,
Ava Tunstall, Joseph C. Perzan, and Christopher H. Morrison, as approved by the
BCC per motion on March 11, 2008.
51. ESG Subrecipient
Agreement, as shown on page _______, for the Rescue Outreach Mission of
Sanford, Inc., as approved by the BCC on July 22, 2008 per One-Year Action
Plan.
52. Term Contract
IFB-600519-08, as shown on page _______, with TriBond, LLC.
53. Work Order #62, as
shown on page _______, to RFP-4214-04.
54. Work Order #29, as
shown on page _______, to CC-1075-06.
55. Parks Contract, as
shown on page _______, for Services with Rasha Moore.
56. Bids as follows: CC-3853-08; CC-3822-08; #600535-08;
IFB-600463-08; and IFB-600537-08.
SHERIFF’S
OFFICE
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve and authorize the following:
48. Approval
of the Budget Amendment Request Resolution #2008-R-263, as shown on page
_______, recognizing $20,000.00 in additional FY 2008/09 revenues and
correspondingly increasing the Sheriff’s FY 2008/09 operating budget by an
equivalent amount.
49. Approval
by the Board of County Commissioners to contribute $18,000.00 from the
Sheriff’s Law Enforcement Trust Fund to the “Take Stock in Children” Mentoring
and Scholarship Program administered by The Foundation for Seminole County
Public Schools, Inc. and $750 to Seminole Community College on behalf of one
selected student.
50. Approval
by the Board of County Commissioners to expend $1,000.00 from the Law
Enforcement Trust Fund to provide for a contribution to the Boys and Girls
Clubs of Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Assistant
Planning Manager, Tina Williamson, addressed the Board to present request for
reduction of Code Enforcement Lien for Case #08-40-CEB, Sadie Holmes, for
property located at 1280 Amanda Street, Altamonte Springs. She advised the staff recommends the Board
reduce the amount of the lien of $29,000 down to $16,437.60, which represents a
50% reduction of the total lien plus administrative costs of $1,937.60.
District
Commissioner Henley displayed photographs (received & filed) of Ms. Holmes’
home, stating this is the house that the television show Extreme Makeover
built. He also displayed photographs
(received & filed) of what the property that is located across the street
looks like. He said Ms. Holmes spends
all her time taking care of the homeless through volunteers and donations. He further said the code enforcement
violation had to do with a truck being parked on the property which distributed
food and clothes to the needy, and that truck has been moved. He, therefore, recommended waiving the entire
fine.
Motion by Commissioner Henley, seconded
by Commissioner Van Der Weide to approve request to waive the entire fine,
totaling $29,000 for Code Enforcement Board Case #08-40-CEB on property located
at 1280 Amanda Street, Altamonte Springs, Sadie Holmes; and authorize the
Chairman to execute the Satisfaction of Lien, as shown on page ________.
Districts
1, 2, 3, 4 and 5 voted AYE.
Sadie
Homes, property owner, addressed the Board to express her appreciation to the
Board for seeing her side of things and for allowing her to continue to help
the needy.
-------
County
Engineer, Jerry McCollum, addressed the Board to present request for approval
of the First Amendment to the Interlocal Operating Agreement for the operation
of the Central Florida Commuter Rail System.
Motion by Commissioner Carey, seconded
by Commissioner McLean to authorize Commissioner Carlton Henley, as Secretary
of the Central Florida Commuter Rail Commission and Seminole County’s
representative on the Board of Directors, to approve the First Amendment to the
Interlocal Operating Agreement, as shown on page _______, for the operation of
the Central Florida Commuter Rail System.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
The
Chairman recessed the meeting at 12:05 p.m., reconvening at 1:35 p.m. with all
Commissioners and all other Officials, with the exception of Deputy Clerk Sandy
McCann who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Henley, seconded
by Commissioner McLean, to authorize filing the proofs of publication for
today’s scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS TOWER
TBCOM PROPERTIES, LLC,
Continued
Continuation
of a public hearing from November 18, 2008, to consider approval of 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.
Assistant
County Attorney Guy Minter addressed the Board to state this hearing was
continued to this date based on the possibility that an alternate site would be
negotiated and resolved, whereby, a tower could be allowed on the UCF
(University of Central Florida) campus.
Chairman
Dallari advised, for the record, that the public input is closed, but the
applicant’s attorney will be allowed to speak.
Attorney
Mary Solik, 111 N. Orange Avenue, Orlando, representing the applicant,
addressed the Board to give an update, stating that they are very close to
having an executed license agreement, but it is not executed as of today.
Commissioner
Henley stated he had a meeting with the attorney for Mr. Hendrix yesterday and
he said they have an agreement and it would be signed by the applicant
yesterday afternoon and forwarded to Dr. Hitt this morning.
Commissioner
Carey asked, for clarification, if Mr. Gingsberg would be a party to the
agreement between UCF and the applicant.
Attorney
Solik said that was correct, but Mr. Gingsberg is a party to the lease
termination agreement that goes along with this package. She said even if the license agreement with
UCF had been executed prior to today, she would still have come before the
Board asking them to approve the mediated settlement agreement. She stated the license agreement is
structured so that the rent does not come under that agreement until all
approvals are obtained by TBCOM Properties to construct the tower on the UCF
property. The document they are talking
about is just the license agreement, whereby UCF would become her client’s
landlord. She explained they still have
to go through the building construction approval process with UCF before they
are able to construct a tower. As in a
private transaction, they would do an option to lease the property and once
they obtain all the governmental approvals, then they would execute the lease
and begin paying rent. She said these
agreements are all tied to and become effective when the last approval is
received from UCF to construct the tower.
Once they are at that point, her client would execute the lease
termination agreement for the site that is on the property in Seminole
County.
Attorney
Solik said the best way for the BCC to motivate the parties not under their
control to get this done is for the Board to approve the settlement
agreement.
Commissioner
Henley said he does not understand that logic because once the Board approves
the settlement agreement, there is nothing else the Board can do. He does not agree with that logic and neither
does the attorney he talked to. He said
Dr. Fred Kittinger was in this morning prepared to address this, but they did
not get to this matter. However, he told
him again that everything was set and ready to go.
Chairman
Dallari stated he had a quick conversation with Dr. Kittinger also and he
informed him that everything was approved.
Commissioner
Henley advised a note was just given to him that Mr. O’Shaughnessey has put up
another roadblock, so they don’t have an agreement yet.
Mr. Minter
advised Commissioner Carey that if the Board does not ratify the mediated
settlement, this would go back into the disposition of the lawsuit and that
would be determined based on the original application that came to the
Board. The Judge could approve it
without the additional amenities.
Mr. Minter
further advised Commissioner Henley that the mediated settlement did not speak
to when the Board had to make a decision, but he thinks the concern by the
counsel for the applicant is that there is a window in the federal rules for
civil procedures by which they will have to refile their case or they might
have it dismissed with prejudice.
Attorney
Solik stated that deadline is December 16, 2008.
Chairman
Dallari stated he had a request to speak from Attorney Erik Wynot, representing
the Carillon Homeowners Association, but the public comments have been closed.
Mr. McMillan advised that anyone
can answer questions the Board poses, but the public hearing was closed at the
last meeting.
Whereupon, Commissioner McLean
stated he would like to pose specific questions to Attorney Wynot. He asked for their perspective on the issue
and how their association feels about that.
Mr. McMillan stated this is with
the understanding that whatever Attorney Wynot says is not any evidence as it
relates to the merits of this case.
Mr. Minter
clarified that any comments from anyone today is not evidence of the record
because this is just discussion of a settlement.
Attorney
Erik Wynot, 850 S. Concourse, Maitland, addressed the Board to state this issue
has had a resounding objection by Carillon HOA.
There are approximately 833 homes as members of the association and 300
residents have written their objection and only 14 have posed no
opposition. He said the most prevalent
challenge is the complete lack of wind design studies to state whether or not
the tower is going to be safe. He said
an eight foot wall is not going to help mitigate any wind affects of a 130-foot
tower. There is also consideration of
the safety issues that such a tower may pose to the proposed erection of a
student housing facility less than 130 feet away from the tower. Another consideration is the proposed IM
(intermodular) studies that would ensure that these types of communications
would not interfere with any of the County services provided to the
residents.
Mr. McMillan
stated this is getting into the merits of the hearing held three months ago,
and that hearing is over.
Chairman Dallari asked Attorney
Wynot to only answer any questions.
Upon inquiry by Commissioner
McLean, Attorney Solik stated the proposal on the UCF property is for a
170-foot monopole and it goes across the street and has a different aesthetic
impact on the community. She said that’s
a better tower for her client. They are
motivated to do the deal at UCF, but they need to make sure all their “i’s are
dotted and their t’s are crossed.” She
said negotiating with UCF has been a different experience than with private
landlords. It takes ten times longer. She further explained that Plan A is to get
through the UCF process. If they go to
Plan B, they will honor the settlement agreement.
Commissioner Carey stated she will
support the project again, but she is interested because of the settlement
agreement and the date certain. She
understands the goal is to try to negotiate with UCF as Plan A, but should that
not happen, and this tower happens to be built at the other site, she thinks
the settlement agreement is much better than just having it built by court
order without any of the amenities that have been negotiated. She said she will be supporting the request
before the Board.
Commissioner Van Der Weide stated
he will support the motion as requested.
He said with the calendar and time moving, he doesn’t see how they can
put it off any further, and he thinks they can still get what they want.
Chairman Dallari stated he will not
be supporting the request and will not make a recommendation for approval. He thinks the only way to get the applicant
to settle with UCF is to “keep the fire under the feet” and make sure they move
forward in that direction.
Commissioner McLean said his
thoughts are if they had a signed agreement today, that would be a different
thing. But they are up against the
clock. If they table this to the next
meeting, they would be getting into a situation where the clock starts ticking
again and this will get refiled. He
doesn’t see a scenario where waiting is going to be beneficial to the
Commission or community. He is inclined
to approve the request reluctantly, because he is not a fan of the height, but
he doesn’t see that they have another choice that makes sense.
Commissioner Carey stated that
based on the Dec. 16 date, it is much more prudent for the Board to approve
this today because if the UCF deal falls apart, at least they will have this
negotiated settlement, which is a much better result than not having it.
No one else spoke in support or in
opposition.
Speaker Request Forms were received
and filed.
Motion by
Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the
Mediated Settlement and the Development Order, as shown on page _______, for
the communications tower located on Parcel 202 of the Carillon PUD and
authorize the Chairman to execute the document; as described in the proof of
publication, TBCOM Properties, LLC.
Under discussion, Chairman Dallari
said to move in the direction with UCF, the Board should not be approving this
request and he will vote no.
Districts 2, 3 and 5 voted AYE.
Commissioners Dallari and Henley
voted NAY.
EAR-BASED AMENDMENTS TO
COMPREHENSIVE PLAN
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of
an Ordinance amending the Seminole County Comprehensive Plan text, exhibits and
Future Land Use Map, to incorporate the proposed Evaluation and Appraisal
Report (EAR)-based amendments, including a change to the name of the
Comprehensive Plan, and authorize submittal of the revised Comprehensive Plan
to the State Department of Community Affairs; as described in the proof of
publication, received and filed.
Sheryl Stolzenberg,
Planner, addressed the Board to present the request. She reviewed the eleven objections (ORC
Report) by the Department of Community Affairs (DCA) to the EAR-based
amendments that were transmitted and the staff’s responses. She noted that as a result of Objection 11,
the staff now has another change to respond to which is the definition of
preservation/managed lands, page 114 of the Future Land Use element. She read into the record the change under
Item G to read, “Management plans may include restoration efforts and passive
recreational uses in designated safe areas.” Under the Management Plans for other
governmental lands, the first sentence is changed to read, “Lands with this
designation that are owned by other governmental agencies may also have
management plans, and the County shall allow uses and activities identified in
those plans.” Copy of amended page
FLU-114 was received and filed.
Upon inquiry by Commissioner
McLean, Alison Stettner, Planning Manager, addressed the Board to advise that
DCA said this was the smallest ORC report they had given on any EAR-based
amendments. Considering the volume of
work and magnitude of changes that were made as part of this major update to
the Plan, it is a relatively small ORC and is the smallest in the State.
Commissioner Carey referred to Page
46 of the Draft Response and discussed Item D, Rain Sensors. She said she would like to see, instead of
just saying rain sensors, that the County will continue to require the use of
technologically advanced irrigation systems.
Under discussion, Commissioner
McLean suggested the wording, “an appropriate irrigation system.”
Whereupon, Chairman Dallari said he
would be happy to accept that. He
directed staff to change that wording to what would be appropriate.
John Horvath, 1004 Bradford Drive,
Winter Park, addressed the Board to speak in support of the amendments, and he
said he thinks this is a good plan.
No one else spoke in support or in
opposition.
Speaker Request Form for Mr.
Horvath was received and filed.
Motion by
Commissioner Carey, seconded by Commissioner McLean, to adopt Ordinance
#2008-44, as shown on page _______, amending the Seminole County Comprehensive
Plan text, exhibits and Future Land Use Map, to incorporate the proposed
Evaluation and Appraisal Report (EAR)-based amendments, including a change to
the name of the Comprehensive Plan, and authorize submittal of the revised
Comprehensive Plan, including the corrections identified today, to the State
Department of Community Affairs; as described in the proof of publication.
Chairman Dallari stated to Ms. Coto
that he thinks staff did an outstanding job and they should all be commended.
Commissioner McLean added that
given the volume of work and to have the relatively few objections back is commendable.
Districts 1, 2, 3, 4 and 5 voted
AYE.
VACATE AND ABANDONMENT/
TAMMY K. AND JACKIE Y.
RITCHIE
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of a Resolution to vacate and abandon all that portion of a 60-foot
unimproved unnamed street lying west of and contiguous to Lots 67 through 79
and all that portion of a 70-foot unimproved unnamed street lying west of and
contiguous to Lots 30 through 35 and east of and contiguous to Lots 54 through
59, and all that portion of a 15-foot unimproved alley lying west of and
contiguous to Lots 54 through 59 and east of and contiguous to Lots 74 through
79, as shown on the plat of Cook’s Ferry Town Site, located approximately 1¼
mile east of East Osceola Road and south of Ritchie Road, Geneva, Florida;
Tammy K. and Jackie Y. Ritchie, received and filed.
Cynthia
Sweet, Development Review Division, addressed the Board to present the request,
stating the staff has no objections to the request and is recommending the
Board adopt the Resolution to vacate and abandon the public rights-of-way and
alley.
Commissioner
Carey referred to the aerial map and asked if Parcel A would be split between
the two landowners. Ms. Sweet stated the
Property Appraiser’s Office makes that determination.
Mr.
McMillan added that the Board does not make the determination as to who gets
title to the right-of-way, but it goes by the statute. He said the Property Appraiser makes the
determination when he assigns the parcels and anyone who wants to, can
challenge the title; but that is not something the County is involved in.
Tammy K.
Ritchie, applicant, 3300 Ritchie Road, Geneva, addressed the Board to answer
any questions. She said she agrees with
the staff’s presentation.
No one spoke
in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt Resolution 2008-R-264, as shown on page
_______, vacating and abandoning all that portion of a 60-foot unimproved
unnamed street lying west of and contiguous to Lots 67 through 79 and all that
portion of a 70-foot unimproved unnamed street lying west of and contiguous to
Lots 30 through 35 and east of and contiguous to Lots 54 through 59, and all
that portion of a 15-foot unimproved alley lying west of and contiguous to Lots
54 through 59 and east of and contiguous to Lots 74 through 79, as shown on the
plat of Cook’s Ferry Town Site, as recorded in Plat Book 2, Page 68, of the
Public Records of Seminole County, Florida; located approximately 1¼ mile east
of East Osceola Road and south of Ritchie Road, Geneva, Florida, in Section 31,
Township 19S, Range 33E.; as described in the proof of publication, Tammy K.
and Jackie Y. Ritchie.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND ABANDONMENT/
B & W GROWERS, INC.
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 public
right-of-way of Deleon Street as shown on the plat of Van Arsdale Osborne
Brokerage Company’s Addition to Black Hammock, located northeasterly of SR 434
and south of Florida Avenue, Oviedo, Florida, B & W Growers, Inc., received
and filed.
Ms. Sweet
presented the request, stating staff has no objections to the vacate and
abandonment request subject to the applicant providing a public utility
easement over the area.
Commissioner
Carey asked if the property to the west and south of Deleon Street was owned by
the State or the County. Ms. Sweet
stated that is owned by the State.
Commissioner Carey, looking at the
aerial, noted that to the south of the right-of-way there is an access point
off SR 434 and she was wondering if the applicant is trying to obtain an
easement of some sort to create a “flag” lot to get access rather than using
Deleon Street as the access point.
Ms. Sweet stated the applicant told
her he is proposing the access from the other area. She explained she has seen a development plan
because this is going to be reviewed through the city of Oviedo. She further explained that she doesn’t have a
boundary for all of what is the applicant’s property.
Attorney Rebecca Furman, 215 N.
Eola Drive, Orlando, Lowndes Drostic Dostick Kantor & Reed, representing
the applicant, addressed the Board to state the property they currently own is
within the city of Oviedo and they have completed a Small Scale Comprehensive
Plan amendment and a rezoning in order to develop the subject property as a
small office park. She pointed out on the
map the DOT property and the applicant’s property. She stated there are stormwater ponds that
belong to the residential that is to the south of the subject property, so they
are not trying to gain access onto SR 434 because of the undevelopable nature of
the land in the area, and FDOT would never grant access on the curve on SR
434. She said now this is a piece of
roadway that is not well maintained.
Their purpose was to eliminate the confusion of this intersection and
develop and maintain it as an entrance into their office park. She understands that the applicant will get
20 feet of this access and FDOT will get the other 20 feet.
Upon inquiry by Commissioner Carey,
Attorney Furman stated they have not submitted a site plan yet to the city of
Oviedo as their process does not allow for a PD for office, so the site plan
process will come later. Discussion
continued with Commissioner Carey about the office square footage and the
purpose for the half right-of-way.
Kyle Sanders, Hanover Capital
Partners, developer, explained that the subject right-of-way is a dead-end road
and doesn’t get any use at all. They
want to eliminate it more for aesthetics than anything else. He advised Commissioner Carey they would not
be using the right-of-way as access.
Their plan is to take up the asphalt and sod over it as there is no use
for the right-of-way.
Attorney Furman advised
Commissioner McLean that the right-of-way will not make a marked difference in
the size of the office park. She said
there may be some parking on it, but she doesn’t have a site plan yet.
Commissioner McLean said he doesn’t
see why the applicant needs the vacation of the right-of-way if there is no
substantial difference in what they will have prior to that and
afterwards. Discussion continued with Attorney
Furman.
Attorney Furman stated it makes
more sense from a well-planned development and aesthetic reasons to include
this as part of the development instead of continuing to have this asphalt and
the property that’s not being used at all.
She said this is not a critical component for her client to do what he
needs to do on the property.
Commissioner Carey stated she
doesn’t have a problem vacating the right-of-way, but based on the concerns
she’s hearing, maybe the time to do it is after the applicant has his site plan
approved by the city of Oviedo. Then he
can come back and get the vacate and tear up the asphalt and landscape and
maintain it at that point.
Attorney Furman added that the
property is not going to be used to give them more density, but they would like
to use it as part of the site plan for better circulation within the site plan
itself.
Don Peterson, 3585 Canal Street,
representing the Black Hammock Association, addressed the Board to state DOT
has publicly admitted that the design of the curve at SR 434 going into Oviedo
is flawed and at least one person has died because of that. In the near future, SR 434 will be four-laned
and the retention pond at this intersection will have to be moved to the east
to what is now Deleon Street. If Deleon
Street is vacated now, many problems will become apparent and DOT will have to
buy back land at a very expensive price.
The new parking lot the developer will get from the vacate and
abandonment will be right up against SR 434.
He asked why give a road away before the future of SR 434 is
decided. He said there is already an
entrance to the developer’s project south of the retention pond and he can use
that, and there is already a driveway.
He stated DOT has no problem with them entering there. He said the developer said he did not need
the road and said they had scaled their project to 27,000 square feet and now
it’s back to 49,500 square feet; so they do need the road. Also, parking places dictate how much office
space can be put in. By vacating the
road, the developer gets 50 more parking places, allowing him to build two
times as many square feet of office. The
road abandonment means a great deal to the people of Black Hammock as well as
commuters using Florida Avenue. He said
the wait time to turn off Hammock Lane onto SR 434 is close to 120 seconds at
peak times and with this new office park, there is no way to tell what the
traffic will be. Further, to put the
entrance to this development at the Deleon/Hammock Lane junction, a new stop
sign would need to be installed on the west side of Deleon Street. He said this is a sensitive area, and
Sweetwater Creek is a protected waterway.
It flows into Lake Jesup and adding 20,000 additional square feet for
additional parking cannot be good for the environment. Without a site plan, they are at the
applicant’s mercy as to what will actually take place on the property. He asked the Board to find out the true site
plan and true DOT four-laning plan before vacating this road.
Attorney Furman iterated that the
only thing shown to the city of Oviedo has been a concept plan (not received
and filed) and they have not approved that as such. She clarified that the concept plan shows 24
parking spaces if they would be the beneficiary of the entire 40 feet, but
their benefit will only be 20 feet. They
are not asking for any type of waivers for setbacks to the creek and
wetlands. They are showing 25 feet to
the back of their property line, which is even further away from any creek
impact. She stated the site plan shows a
total of 26,600 square feet, which is nowhere near the .304 area ratio and
nowhere near 49,000 square feet.
Upon inquiry by Commissioner
Henley, Mr. McMillan advised that if this property is vacated, it is still in
the County unless the city of Oviedo annexes it. This means whatever the applicant wants to
do, he would have to come back to the County.
Commissioner Carey referred to the
concept site plan and clarified with Attorney Furman that DOT will not allow
the applicant to use the existing driveway as their access point. Attorney Furman explained they would be
expanding their use from agricultural to office and DOT will not allow that.
Commissioner Carey stated she sees
that the applicant needs the 24 additional parking spaces to get the 26,600
square feet of office. To her, she
thinks if they don’t have the property and Deleon Street lies there as an
unkept, busted road, that’s going to look terrible. She can go either way on this request.
Chairman Dallari referred to the
aerial map and asked if Sweetwater Creek is located accurately on the concept
plan. He said he is concerned about
stormwater, and he asked if anyone had looked at the need for stormwater
retention.
Dori DeBord, Planning &
Development Director, addressed the Board to state since this project is in the
city of Oviedo, the County has no review authority over it at all. The Oviedo representatives would be
responsible for looking at the drainage plan.
Chairman Dallari asked if the tree
canopy road designation comes around Deleon Street or stops at that
street. Ms. DeBord stated she would
check on that and report back to him.
Ms. DeBord corrected that the
County has asked for joint review on this project under the interlocal
agreement with the City, but the staff has not yet seen anything for review on
the site plan.
Upon inquiry by Commissioner Carey,
Ms. Sweet said DOT did not have any objections to this vacate request; and she
spoke with their representatives today and was assured that DOT’s
recommendations have not changed and DOT has no intentions of improving the
roadway.
Commissioner Carey said in light of
the fact the creek is located there and this project is sitting back away from
the creek may be some advantage to the creek and the TDL issue to vacate the
road and pull that forward to give a little buffer. She said it may be a good idea to continue
this hearing and contact the city of Oviedo to clearly understand what’s going
on. It may make more sense to get away
from the creek a little further.
Commissioner Henley said he thinks
continuing this until they get information from Oviedo would be best and they
would have a clearer idea of what the total impact would be on that area.
District Commissioner McLean stated
he sees this request in fairly simple terms that, according to the applicant,
this is not a necessary thing, this is not a critical thing and it won’t
prevent them from taking this process forward with the city of Oviedo. He said who knows what the County could use
this vacated property for. Once they
vacate it, all options will be eliminated.
He said he doesn’t see that more information will change the situation
as it is.
No one else spoke in support or in
opposition.
Speaker Request Form for Mr.
Peterson was received and filed.
Motion by
Commissioner McLean, seconded by Commissioner Henley, to deny the request to
vacate and abandon a portion of the public right-of-way of Deleon Street as
shown on the plat of Van Arsdale Osborne Brokerage Company’s Addition to Black
Hammock, as recorded in Plat Book 1, Page 31 of the Public Records of Seminole
County, Florida; further described as located northeasterly of SR 434 and south
of Florida Avenue, Oviedo, Florida, in Section 3, Township 21S, Range 31E; as
described in the proof of publication, B & W Growers, Inc.
Under discussion, Commissioner
Carey asked Mr. McMillan if this request is denied and the applicant starts
working with the city of Oviedo and the County finds out that this makes sense
to shift the project 20 feet forward away from the creek, can the applicant
immediately reapply.
Mr. McMillan said there is no time
limit on the applicant to reapply. The
County can bring the item back administratively or it can be brought back by
petition of the property owner.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey voted NAY.
TOURIST
DEVELOPMENT TAX
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of an Ordinance amending Part 5, Chapter 245, Section 245.81(a) of the
Seminole County Code for an additional (1%) Tourist Development Tax, received
and filed.
Bill
McDermott, Economic Development Director, addressed the Board to present the
request which will raise the Tourist Development tax to 5%.
Mr.
McMillan corrected the record that this is the first and only public hearing
for adoption of this ordinance for an additional 1%. A previous ordinance was adopted for the
other penny tax.
Mr.
Horvath stated no one likes to pay taxes, but the money
has to come from somewhere. He said since parks are a part of the quality
of life in Seminole County, they serve several purposes providing recreation
for the local residents as well as sites for tourist development and economic
development functions. This tax can
benefit the residents as well as the tourists that help fill the hotel
rooms. He said the County is still below
the other areas that have tourist taxes, so the County is still competitive.
No one
else spoke in support or in opposition.
Speaker
Request Form for Mr. Horvath was received and filed.
Motion by Commissioner McLean, seconded
by Commissioner Carey, to approve and authorize the Chairman to execute
Ordinance #2008-51, as shown on page _______, amending Part 5, Chapter 245,
Section 245.81(a) of the Seminole County Code for an additional (1%) Tourist
Development Tax; as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari recessed the meeting at 3:12 p.m. and reconvened it at 3:20 p.m.
REGULAR
AGENDA, Continued
The Board
considered request to approve and authorize the Chairman to execute Budget
Change Request #08-39 through the General Fund in the amount of $26,000 to
increase funding for postage chargeback.
Ms. Coto
stated this is to transfer associated dollars for postage charges for two
Constitutional Officers, the Supervisor of Elections and Property Appraiser.
Motion by Commissioner Henley, seconded
by Commissioner McLean, to approve and authorize the Chairman to execute Budget
Change Request #08-39 through the General Fund in the amount of $26,000 to
increase funding for miscellaneous year-end items.
Under
discussion, Commissioner Carey stated she knows these officers get their
funding from the BCC, but they always give the Board their budgets. To go $26,000 over for postage, the Board
can’t keep taking those kinds of hits.
Ms.
Spriggs stated the way staff handles the postage is as a chargeback. In this year’s estimate, the Presidential
election was not taken into account. She
said staff will make sure they take that into account in the future. The other cost is the actual expense the
County did incur.
Districts
1, 2, 3, 4 and 5 voted AYE.
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William
Edwards, Solid Waste Management, addressed the Board to request denial of the
application for renewal of a Certificate of Public Convenience and Necessity
for Sun State Trees and Property Maintenance, Inc. He reviewed what the Code requires. He stated in August this year, the County’s
Code Enforcement Board found the facility was not in compliance with the Land
Development Code. He also advised that
last week, the State issued a notice of violation that the applicant was not in
compliance with the Florida Administrative Code; therefore, staff is
recommending the Board not renew the Certificate.
Upon
inquiry by Commissioner Carey, Mr. Edwards said it is his understanding that if
the Certificate is not issued, Sun State Trees will be able to continue to
clean up the site, but cannot bring anything new onto the site.
Commissioner
Carey said she understands that Code Enforcement gave the applicant until
September, 2009.
Mr.
Edwards further explained that the Certificate is required for processing and
to accept material, but is not required for removal of the existing debris on
the property. In order to grind and make
mulch of the material already there, the Certificate would be required.
Mr.
McMillan said that is what he understands also.
The applicant will not be able to bring any more clippings and debris
onto the site. That does not prevent
them from hauling off any material they have.
Commissioner
Henley stated this is not just a mulch problem.
Before the applicant gets a permit, they will have to meet all those
requirements, including the State requirements.
The Department of Environmental Protection (DEP) issued a notice of violation
and gave them 30 days to comply.
Upon
inquiry by Commissioner McLean, Mr. McMillan stated one of the issues was with
the amount of material and he thinks there are site violations also
outstanding.
Commissioner
Carey asked could the applicant pack the mulch that’s already there.
Mr.
McMillan said he assumes it’s a question of what the applicant needs the
Certificate for. If the material is
already in mulch form, he doesn’t think they need the Certificate to take that
off the property.
Commissioner
Henley said the applicant can’t grind the other logs. The only other activity they can do is haul
off what’s there and come into compliance with the site plan. He reviewed the violations and said this is
not a large site and the operation is heavily intense for what the site was
designed for. He said since the
applicant is not in compliance, he recommends denial of the applicant’s request
for renewal.
Motion by Commissioner Henley, seconded
by Commissioner McLean, to deny the application for renewal of a Certificate of
Public Convenience and Necessity for Sun State Trees and Property Maintenance,
Inc.; Denial, as shown on page _______.
Under
discussion, Commissioner Henley said, hopefully, the applicant will come into
compliance as quickly as he can so he can begin to operate again. He advised he did have a conversation with
the owner last Friday and suggested he come in with a plan to come into
compliance and let the Board see what’s going on. The applicant also has a problem with
DEP. He said he noticed on the
distribution (copy received and filed) the applicant submitted for compliance
that the plan runs into next August and that is not acceptable. He recommends they come into compliance
sooner than that.
Commissioner
Carey recognized Mr. Randall Nellis in attendance. She said based on what she has seen, she
doesn’t think the site plan is representative of what the applicant needs. Should he come into compliance with the site
plan, he needs to amend the site plan because he’s going to need more than
3,300 cubic yards.
Mr.
McMillan said that is a different issue than the Certificate of Public
Convenience and Necessity. There is
nothing to prevent the applicant from applying for an amendment to the special
exception.
Commissioner
Henley advised that there was a lengthy discussion when this came about. What the applicant is doing is far beyond
what was approved for the site and it is entirely too intense. He thinks the applicant needs to consider the
fact this site is too small for the volume they intend to do. He doesn’t see how the Board can safely
increase the density and intensity from what they already agreed to as the
Board. He said if the applicant wants that
volume, he might want to look at another site.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Henley asked staff to meet with Mr. Nellis so he can have a clear understanding
of what he can do on the property.
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Tina
Williamson, Assistant Planning Manager, addressed the Board to present request
for reduction to the Code Enforcement Board lien from $89,750 to $47,797.07,
which represents a 50% reduction of the total lien plus administrative costs of
$2,922.07 for Case #07-128-CEB on the property located at 1670 Astor Farms
Place, Sanford, and require these costs to be paid within 60 days or the lien
will revert to its original amount of $89,750; Antone & Karen Pavao,
previous owners, and ACJ Inv., LLC & Astor Farms Trust, current owners.
Ms.
Williamson said staff is recommending the lien be reduced.
Commissioner
Carey reminded the Board this was the lien they discussed several weeks
ago. She asked if staff knew the status
of the short sale or any of the items discussed previously.
Ms.
Williamson said staff did not receive any sale documents from the owners.
Deputy
County Manager Joe Forte addressed the Board to state he has not had any
information from the owners and has not had any contact since the last meeting
on October 28, 2008. The last he heard
was if the applicant’s request did not go through that day, the sale would end
and he would walk away from the deal.
Commissioner McLean said since
there has been no communication at all, his conclusion is that they have moved
on.
Motion by
Commissioner Carey, seconded by Commissioner Van Der Weide, to approve a
reduction of the Code Enforcement Board line from $89,750 to $47,797.07, which
represents a 50% reduction of the total lien plus administrative costs of
$2,922.07 for Case #07-128-CEB on the property located at 1670 Astor Farms
Place, Sanford, and require these costs to be paid within 90 days, in the event
there is a possible foreclosure, or the lien will revert to its original amount
of $89,750; Antone & Karen Pavao, previous owners, and ACJ Inv., LLC &
Astor Farms Trust, current owners.
The Board briefly discussed the 90
days time limit. Chairman Dallari said
at least the applicant knows the Board is trying to work with them and within
that time he could come back.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Ms. Williamson presented the
request for reduction to the Code Enforcement Board lien from $9,300 to the
administrative costs of $1,382.05 for Case #08-01-CEB on the property located
at 463 Sanford Avenue, Longwood, and require these costs to be paid within 60
days or the lien will revert to its original amount; Fernando Salafia, previous
owner, and Consumer Solution REO, LLC, current owners.
Ms. Williamson stated staff
recommends the lien be reduced to the administrative cost of $1,382.05.
Motion by
Commissioner Henley, seconded by Commissioner McLean, to approve a reduction to
the Code Enforcement Board lien from $9,300 to the administrative costs of
$1,382.05 for Case #08-01-CEB on the property located at 463 Sanford Avenue,
Longwood, and require these costs to be paid within 60 days or the lien will
revert to its original amount; Fernando Salafia, previous owner, and Consumer
Solution REO, LLC, current owners.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Kathy Moore, MSBU, addressed the
Board to seek direction from the Board relative to accepting applications for
wall reconstruction projects for funding consideration through the MSBU
format. She submitted photographs
(received and filed) to the Board of two previous projects showing before and
after the wall construction.
Commissioner Carey stated the staff
documentation states one of the criteria is to add a wall that needs to be
replaced. In Charter Oaks, there was a
fence and not a wall. She asked would
the intent be that they actually have a wall.
She is not sure those dollars would be the way to go for converting a
fence to a wall.
Commissioner McLean agreed and said
they don’t need to be moving down a path that they can’t afford. They don’t have the resources for that. He referred to the second page of the staff
report regarding the application criteria and suggested staff remove the word
“limited.” He said it leaves it up to
interpretation. He thinks it needs to be
a situation where the community does not have the means to assess. That may be the case the Board considers.
Commissioner Van Der Weide said he
thinks they have to allow some flexibility, but he agrees. He also agreed that the District Commissioner
should have his idea of what the situation is for and not want the Board to go
out and replace a fence with a wall. He
said the Board is not giving the community this money; it is a tax. He stated he would hate to see this project
done away with because situations will come up where it makes sense and the
Board will wish they could do it.
Commissioner Henley said he would
hate to put staff in a situation where they are just opening it up that they
are in the wall building business. But,
it’s different if a community has a wall and it’s been down and the citizens
are willing to pay to get it done and there is an administrative fee
charge. If it is a situation of going
from a fence to a wall, he thinks they would be swamped. If it is a like-kind situation where the wall
is already down and damaged and the citizens want to replace the wall with a
wall, he might want to give consideration for that.
Commissioner Carey noted that under
the application criteria is “existence of a deteriorating wall.” She thinks if they stick with having an
existing wall and if the community has no means to levy a private
assessment. She would like to see them
move this forward and keep up on what the annual amount would be available to
go to these types of projects.
Ms. Coto advised that the County
upfronts the cost. Discussion continued.
Ms. Moore stated there are some
funds budgeted for these type projects, but if the project exceeds the money,
staff can go forward and ask for a line of credit. They borrow the money and pass on the
interest fees. The program is not necessarily
restricted to using County funds.
Commissioner Van Der Weide
suggested authorizing staff to use MSBU funds for walls to be replaced with
like kind and go through the regular procedures with all the comments the Board
discussed today.
Commissioner Henley asked the
County Manager to structure the wording with the legal staff.
Commissioner Carey said it has to
be a deteriorating situation and the community has no means to do it
themselves.
Ms. Coto stated she would bring
this item back.
COUNTY
MANAGER’S BRIEFING
Buddy
Balagia, Community Assistance Division, addressed the Board to present the
Affordable Housing Advisory Committee’s (AHAC) recommendations to reduce the
cost of affordable housing for lower income households. He advised the AHAC is required to submit a
report to the Commission by December 31, 2008, and the Board has until March
31, 2009 to adopt any changes to the Local Housing Assistance Plan. He reviewed the recommendations and stated
two were inadvertently left off the list which are to: 1) set aside an amount of SHIP funding
($25,000) for County employees; $5,000 for five employees per year for down
payment assistance; and 2) have private employers provide $2500 per employee
and the County match that with SHIP funding.
He said the staff will come back in a future meeting and ask if the
Board would like to enact or amend any policies on the list.
Commissioner
Carey said she thinks the Committee has recommended every possible thing you
could think of that has to do with affordable housing. She has some serious concerns about some of
these. She stated they don’t have the
staff capacity to do a lot of that (the training and mentoring), and she
doesn’t think there is a need for an ombudsman.
Regarding the impact fees, she is not sure how they can waive those or
what the impact of that would be. She
said she is not in favor of setting aside additional funds identified for
county employees because they can all apply for any of the funds the County has
now. She thinks this is a lot of information
and they need to have the opportunity to digest all of it and maybe have
workshop about what really makes sense for the Board to adopt.
Commissioner
McLean said he agrees with Commissioner Carey that they need time to digest
this and they don’t need to segregate opportunities for employees at the
expense of the general population.
Chairman
Dallari asked if it is possible for the Committee to prioritize these
items. He thinks that would be prudent
as well as they need a cost for each of these.
Also, what is the effect if they waive these fees. He would like to know what that cost would
be. He would also like to know what the
effectiveness is for these recommendations--how effective would this be to
bring affordable housing to Seminole County.
He said the Board may not want to be looking at LEED when talking about
energy efficiency, because there would be additional costs when you go to
LEED. He added there are other
energy-saving programs.
Mr.
Balagia advised Commissioner Carey that the funding is from the General Fund,
and last year it was $20,000 a year. He
doesn’t know if that is still being used.
He said staff has until May 2, 2009, to submit the final report to the
State.
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Ms. Coto
advised the Budget Amendment Status Report FY 2008/09 is presented for
information only.
-------
Ms. Coto
presented the Congress of Regional Leaders (CRL) recommended regional water
conservation policies for Board direction relating to Water Policy #1 –
Landscaping, and Water Policy #2 - Tiered Rate Structure. She said these items are what came out of the
Committee. She believes Commissioner
Carey had recommended moving forward with these Committee recommendations and
the Board directed staff to bring them back as a regular agenda item.
Commissioner
Henley asked which of the items the County is not already doing.
Commissioner
Carey stated the County doesn’t limit the total amount of turf. She thinks all the items under landscaping
are being addressed as part of the Land Development Code rewrite. Some of the other jurisdictions already have
these. It is just policy for all of the
area to be doing the same thing.
Ms. Coto
said the County is already doing a water and rate schedule. It was requested that this be brought back to
the entities for them to endorse the policies.
Motion by Commissioner McLean, seconded
by Commissioner Carey, to approve the CRL recommended regional water
conservation policies identified as Water Policy #1 – Landscaping, and Water
Policy #2 – Tiered Rate Structure.
Commissioner
Henley said he thinks this is a step in the right direction
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S REPORT
Ms. Coto
stated an item was brought to her attention by Clerk Maryanne Morse on
yesterday. During the budget process,
the BCC approved continuance of the hearing officers and provided funding for
FY 2007/08 as well as 2008/09. She was
told there was a gap from October 1 to November 16, 2008, in which the
contracts were not executed for the hearing officers. The Clerk’s Office indicated that in order to
make the associated payments of $2,550, the Clerk would want the Board to
authorize that expenditure.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to approve and authorize the Clerk to make payments of
$2,550 for Hearing Officers for the period of October 1, 2008 through November
16, 2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Susan
Devlin, Community Information Officer, addressed the Board to advise last week,
she attended the Florida Government Communicator’s Association Annual
Conference in Lakeland. The Association
hosted the Crystal Awards and the County’s Community Information Office was the
recipient of three first place Crystal Awards for the 2007 Annual Report,
Employee Newsletter and Seminole Insight; and a third place award for
On-the-Job (one of SGTV’s new original series); and three Judges awards for
achieving maximum results while utilizing the minimum amount of money for
Seminole Insight, On-the-Job and the Employee Newsletter. She thanked the BCC, on behalf of the staff,
for supporting the department’s efforts to provide stellar news and information
to the County citizens and staff. She
presented the Board with a Certificate of Appreciation.
Ms. Devlin
advised Commissioner Henley that the County competed with others across the
State and the organization has 116 members.
Chairman
Dallari complimented Ms. Devlin for a job well done.
CHAIRMAN’S REPORT
Chairman
Dallari stated he would like to give the County Manager direction or schedule a
work session regarding the Commissioners’ Aides positions. He said from his research, he found that Lee
County has done a good job in defining how to work with the Aides, and other
Commissioners have had similar research.
He asked for input.
Commissioner
Carey said she thinks Lee County’s approach is one that would work for Seminole
County where the Aides are supervised by the County Commissioners and are still
protected employees. She said it is
difficult to work for two masters. She
said she would like to have a work session about this.
Commissioner
Henley said he thinks a work session would be appropriate to be able to have a
lengthy debate and arrive at something that everyone can live with.
Commissioner
Van Der Weide stated he thinks a work session is in order.
Commissioner
Carey said she would like to schedule this as soon as possible. She thinks this has caused some uneasiness
between the County Manager’s Office and the Commissioners’ office and the
sooner this is put to rest, the better.
Commissioner
McLean said he agrees that a work session is an appropriate venue and they can
look at the information provided by staff as to how all the various counties
handle this. He said they need to be
sure that the information they have is accurate so they can make an informed
decision.
Commissioner
Carey said she thinks at the end of the day, it comes down to what the five Commissioners
want to do.
Chairman
Dallari said the work session will be scheduled as soon as possible.
-----
Chairman
Dallari said also on the work session schedule is Jetta Point Park. He would like to schedule that as soon as
possible. He asked staff to meet with
the individual Commissioners prior to the work session to make sure everybody
is on the right page. He wants to get an
update to make sure they all understand where they are at and where they are
going.
Commissioner
Carey expressed her concern with how hard it is to meet with everybody’s
schedule. Whereupon, Chairman Dallari
said they could hold the work session after one of their Board meetings.
Commissioner
Henley said they also need to get an update on Soldiers Creek Park.
-----
Chairman
Dallari said he talked to Bobby Brantley yesterday and Skip Bafalis, and the
Federal Highway Bill is coming up on February 13. They need to start talking about a trip to
Washington, D.C. or Tallahassee. He said
with the ability of the new administration making money available, he wants to
make sure they are in the right position at the right time.
Commissioner
Henley asked if the letter from the federal lobbyist was forwarded to Ms.
Coto. He was asking about what the Board
wants to do. Ms. Coto stated she would
have to get back with the Board on that.
Commissioner
Carey said she thinks it would be good if they plan something for the end of
May.
-----
Chairman
Dallari advised of his recommendations for Boards and Committees Liaison
Assignments as presented (copy received and filed). He said the Board appointments are identified
that need the Board’s approval.
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to approve the following appointments of
Commissioners to Boards and Committees Liaison Assignments: District 1 to the Value Adjustment Board and
South Seminole North Orange County Wastewater Transmission Authority
(SSNOCWTA); District 2 to CALNO; District 3 to the East Central Florida
Regional Planning Council (ECFRPC) and Value Adjustment Board; District 4 to
Commuter Rail and Tourist Development Council (TDC); and District 5 to the
ECFRPC, Youth Build, Central Florida Zoological Society, and the Community
Alliance.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari said he had a conversation yesterday with the Chamber and he will look
in the future to ask Commissioner McLean to speak to the Chamber in asking them
to get involved more in commuter rail to get the businesses also more
involved.
Commissioner
Henley said there are several ways the Chamber can get involved. He noted that a committee has already been
established to work on a dedicated funding source. The Orlando Chamber has asked to be involved
in that. That is the initiative they
need to be aware of, and he discussed some others. He said he would be happy to put the Chamber
President or whoever they indicate on the mailing list in case they want to get
involved in that project.
Commissioner
McLean stated he would ask at the next Chamber meeting if there is an
appropriate person to be involved.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were “received and filed”:
1. Fax dated 11/13/08 from Skip Bafalis, Alcalde
& Fay to Cynthia Coto, County Manager, re:
update of FY 12/09 congressional appropriations process.
2. Letter dated 11/14/08 (with attachment) from
James T. Dineen, Volusia County Manager, to Cynthia Coto, County Manager,
re: support for Central FL Commuter
Rail.
3. Copy of letter dated 11/13/08 (with
attachment) from Linda Kuhn, Sanford City Mayor, to John Mica, U.S. Congressman, re: Rail Facility Access Study.
4. Notice dated 11/13/08 from City of Winter
Springs Community Development to Commissioner Brenda Carey re: annexation of
property at 300 W. SR 434.
5. Copy of letter dated 11/5/08 (with
attachments) from Chief Penny Fleming, Sheriff’s Office, to Clayton Wilder,
FDLE, re: Justice Assistance Countywide
Grant No. 2009-JAGC-SEMI7-T&-1 12.
6. Letter dated 11/14/08 (with attachment) from
Donna Gardner, Casselberry City Clerk, to Cynthia Coto, County Manager, re: annexation of property at 583 Ruby Court.
7. Letter dated 11/14/08 (with attachment) from
Donna Gardner, Casselberry City Clerk,
to Cynthia Coto, County Manager, re:
annexation of property at 575 Ruby Court.
8. Letter dated 11/14/08 (with attachment) from
Donna Gardner, Casselberry City Clerk, to Cynthia Coto, County Manager,
re: annexation of property at 587 Ruby
Court.
9. Letter dated 11/14/08 (with attachment) from
Donna Gardner, Casselberry City Clerk, to Cynthia Coto, County Manager,
re: annexation of property at 982 Laura
Street.
10. Letter dated 11/14/08 (with attachment) from Donna Gardner, Casselberry City
Clerk, to Cynthia Coto, County Manager, re: annexation of property at 906
Laura Street.
11. Letter dated 11/14/08 (with attachment) from
Donna Gardner, Casselberry City
Clerk, to Cynthia Coto, County Manager, re: annexation of property at 416
Lotus Lane.
12. Letter dated 11/14/08 (with attachment) from
Donna Gardner, Casselberry City Clerk, to Cynthia Coto, County Manager,
re: annexation of property at 910 Laurel
Street.
13. Letter dated 11/19/08 (with attachment) from
Donna Gardner, Casselberry City Clerk, to Cynthia Coto, County Manager, re:
annexation of property at 416 Lotus Lane (a scrivener's error in parcel ID resulted in corrected copy
of ordinance).
14. Notice dated 11/24/08 (with attachment) from
Maryanne Morse, Clerk of Court, to County Commission re: property sold at public sale, Leg Lots 40+41,
Blk B, A. B. Stevens Addition to Midway, PB 7, PG 38.
15. Copy of letter dated 11/24/08 from Bryan Nipe,
Greenways & Natural Lands Manager, to Tom Mohrhusen in appreciation of
donation in memory of Paula
Diane Williams.
16. Copy of memo dated 11/20/08 (with attachment) from Harry Barley,
MetroPlan Orlando Director, to
Board Members re: 2008 regional population figures.
17. Notice received 12/1/08 from City of Longwood
re: 12/9/08 Board of Adjustment public hearings for (1) Rick Lembrich, 235
Longwood Street N., and (2)
Denis Rosenquist, 501 Granada Way.
18. Letter dated 11/18/08 from Victoria Kroger,
SJRWMD, to Chairman Dallari re: notice of public hearings to adopt
final millage rate for FY 2009/10 budget.
19. Copy of letter dated 12/2/08 from Julia Thompson, Parks & Recreation Manager, to John Holmes in appreciation of donation in memory
of Benjamin Clark Pope, Jr.
DISTRICT
COMMISSIONERS’ REPORTS
Chairman
Dallari presented his District appointments and reappointments (copy received
and filed).
Motion by Commissioner Carey, seconded
by Commissioner McLean, to appoint/reappoint the following:
Reappoint Reggie Brown and Tim
Minter to the Agriculture Advisory Committee for two-year terms; reappoint
Chris LaSage to the Animal Control Board for a one-year term; reappoint Tom
O’Daniel to the Board of Adjustment for a four-year term; nominate Paul Sladek
to the Code Enforcement Board for a three-year term, and adopt the Resolution
#2008-R-265, as shown on page _______, of appreciation to Larry Lawver for his
service on the Code Enforcement Board; reappoint Bob Dello Russo and Deana
Schott to the Contractor Examiner Board, each for a one-year term; nominate Tom
Boyko and Valerie Barber-Simpson to the Disability Advisory Board for two-year
terms; and adopt Resolution #2008-R-266, as shown on page _______, of
appreciation to Jim Berko and Resolution #2008-R-267, as shown on page _______,
of appreciation to Ophelia Moore for their service on the Disability Advisory
Board; reappoint Johnnie Richardson, Sr. to the Historical Commission for a two-year
term; nominate Ed L’Heureux to the Historical Commission for a two-year term;
and adopt Resolution #2008-R-268, as shown on page _______, of appreciation to
David Miller for his service on the Historical Commission; nominate Jeff Ebbers
to the Leisure Services Advisory Committee for a three-year term and adopt
Resolution #2008-R-269, as shown on page _______, of appreciation to Michelle
Thatcher for her service; nominate Regina Bereswill to the Library Advisory
Board for a two-year term and adopt Resolution #2008-R-270, as shown on page
_______, of appreciation to Tina Calderone for her service; reappoint Matt
Brown to the Planning & Zoning Commission and Land Planning Agency for a
four-year term; reappoint David Axel to the Seminole County Industrial
Development Authority for a four-year term; and reappoint Thomas Kuhn to the
Seminole County Port Authority for a four-year term.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman
Dallari advised the Board that the residents of Chuluota went before the Public
Service Commission regarding Aqua Utilities.
He will be sending a letter from his district to the PSC informing of
what’s been going on and he will send a copy to the Commissioners.
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Motion by Commissioner McLean, seconded
by Commissioner Carey, to adopt Resolution #2008-R-271, as shown on page
_______, of appreciation to Joe Dorso for his service on the Port Authority and
appoint Elizabeth Dorworth to the Port Authority for a two-year term.
Under
discussion, Commissioner Van Der Weide said this appointment rotates to him.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
McLean stated Leadership Seminole held their graduation luncheon and Assistant
County Manager Sabrina O’Bryan was one of the graduates. He thanked the Casselberry Chamber of
Commerce that sponsored her.
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Commissioner
McLean stated he had the opportunity to represent the Chairman in the swearing
in of reelection of Oviedo Councilman Sampier and Shrank. Also, he said two new Commissioners (Bonner
and Hobbie) were elected last night in Winter Springs.
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Commissioner McLean said Jim
Stelling has been Chairman of the Seminole County Republican Executive
Committee for the last 12 years, but he has stepped aside and Jason Broder is
now the new Chairman.
-----
Commissioner McLean reported since
the recent elections, three Mayors have gone on to other things. These are Mayor Goff, Mayor Hauck, and Mayor
Tom Greene of Lake Mary, whom he worked with.
He wished Mayor Greene the very best in his future endeavors, and wished
the happiest of holiday seasons to the audience and all Commissioners.
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Commissioner Van Der Weide said his
appointments will be made in January, 2009.
He reported that the East Central Florida Regional Planning Council is
on schedule for the report he agreed to give back for the planning on
17-92. He hopes to see that on schedule.
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Commissioner Van Der Weide said
everything seems to be well at the Port Authority. He has forwarded the recommended legislative
changes proposed to the County Attorney for him to review and get back with him
on anything he sees that needs to be changed.
Commissioner Van Der Weide wished
all Happy Holidays.
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Commissioner
Henley asked what is the status of the Davis property on Alpine.
Mr. McMillan
stated he had not heard anything about it and not heard there was anything to
pay attention to. He thinks Mr. Davis is
still incarcerated.
Commissioner
Henley said he asked Ms. DeBord to see what the neighbors have to tolerate and
if there is anything else the Board can do to get the property cleaned up.
Ms. DeBord
showed pictures (received and filed) of the neighbor’s house and Mr. Davis’s
house with vegetation and junk.
Commissioner
Van Der Weide left the meeting room at this time.
Mr. McMillan
said if they are not complying with the motion the Judge issued, staff will
have to go back to the Judge with a contempt of the Court order. He said he and Ms. DeBord will review this.
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Commissioner
Carey reported that she had the opportunity last night to speak at the Markham
Woods Homeowners Association meeting.
-----
Motion by Commissioner Carey, seconded
by Commissioner McLean, to appoint Bob Braun to the Agriculture Advisory
Committee for a two-year term ending January, 2011; and appoint Bill Poe to the
Disability Advisory Committee for a two-year term ending January, 2011.
Districts
1, 2, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt Resolution #2008-R-272, as shown on page
_______, of appreciation to David Fauver for his service on the Agriculture
Advisory Committee; and Resolution #2008-R-273, as shown on page _______, of
appreciation to Sharon Rousey for her service on the Disability Advisory
Committee.
Districts
1, 2, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded
by Commissioner McLean, to reappoint the following: Imogene Yarborough to the Agriculture
Advisory Committee for a two-year term ending January, 2011; Deborah Schafer to
the Leisure Services Advisory Committee for a three-year term ending January,
2012; Lisa Giltner to the Animal Control Board for a one-year term ending
January, 2010; Bob Herring as the Electrical Contractor to the Contractor
Examiners Board for a one-year term ending January, 2010; John Bistline to the
Historical Commission for a two-year term ending January, 2011; Linda McKnight
Batman to the Historical Commission for a two-year term ending January, 2011;
and Beverly Mason to the Historical Commission for a two-year term ending
January, 2011.
Districts
1, 2, 4 and 5 voted AYE.
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Commissioner
Carey said she has provided on the dais a Christmas token for each Commissioner
and she wished everyone a Merry Christmas and Happy New Year.
-----
Commissioner
Van Der Weide reentered the meeting room at this time.
CITIZENS’
COMMENTS
Deborah
Schafer, 1740 Brumley Road, representing the Chuluota Community Association,
addressed the Board to thank Waste Pro who kept them moving on the Chuluota
Wall. She said she flew to Tallahassee
the other day to speak on Aqua Utilities.
She gave an update to the Board on some of the issues with Aqua
Utilities and what the community is going through. She distributed pictures (received and filed)
of the conditions with the water being flushed and a busted pipe and said the
water is being flushed into the wetlands.
She said health is almost in a panic mode in Chuluota. She said they are working with Kevin Grace
from Government Services Group. She
stated they just want the Board to continue to be aware of the issues. She said with so many homes going into
foreclosure, the cost of the water district may be too much for them to
bear. She wished the Commissioners Happy
Holidays and thanked them for listening to them. She said they really need some help with Aqua
Utilities.
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Chairman
Dallari clarified that his appointments are effective January 1, 2009.
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Emily
Hughes, 2356 Black Hammock Road, Event Coordinator for Black Hammock
Adventures, addressed the Board to state she is planning a party on New Year’s
Eve. Due to the city of Winter Springs
cancelling their fireworks show, her business has received numerous inquiries
from families in the surrounding community.
She has a contractual agreement with Four Seasons Fireworks to provide a
15-minute-long fireworks display for their customers. This company has already applied for the
fireworks permit. Yesterday she received
a letter from the Planning and Development Department that an additional
special event permit is required and she was unaware of that. She understands this permit must be approved
by the BCC. She said she will go through
the application process in the future, but is requesting the needed permit to
be granted today.
Commissioner
McLean said he thinks this was an honest mistake. There was the assumption that all the permits
needed were made and that was not the case.
This is the last meeting of the BCC for the year to deal with this. He said they are dealing with a business that
was closed due to the challenges of Tropical Storm Fay. He suggested approving the permit with the
following conditions: Ms. Hughes is to
be sure that the Planning Department has all the information for the permit
application and that after the event is done, make sure all conditions,
regulations, and ordinances are adhered to.
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to authorize the Planning and Zoning Department
to issue a special events permit to Black Hammock Adventures for the New Year’s
Eve Party/Fireworks Show, Emily Hughes, as long as all the code requirements
are met.
Districts
1, 2, 3, 4 and 5 voted AYE.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:50 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
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