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. 

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     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. 

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     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.

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     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.

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     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. 

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     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.

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     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. 

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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.

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     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.

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     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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