BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DECEMBER 14, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, December 14, 2010, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of
meeting of said Board.
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District
3)
Clerk of Circuit Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Jane Spencer
Pastor
Walt Person, Sanford Church of Christ, gave the Invocation.
Commissioner
Van Der Weide led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Sabrina
O’Bryan, Assistant County Manager, addressed the Board to give a quick overview
of the Employee Academy. She presented a
short presentation (not received and filed) of this year’s Employee Academy and
their project, Honoring the Veterans. She
then presented the following graduating members with certificates; Scott Chilcote, James Dippel, Rosa Gordillo,
Paula Irby, Allison Mikel, Lisa Smith, Lisa Turner, Robert Walter and Carol Watral.
COUNTY
MANAGER’S CONSENT AGENDA
Joe Forte, Acting County Manager,
addressed the Board to advise that in Item #12, RFP-601008-10, State
Legislative and Governmental Lobbying Services, Section 25(3) is to be
stricken. He added that in Item #31, Resolution
to Amend Section 22.20, staff made a change for clarification of Board approval
and that on page 22.20-6(e), Partnerships with Outside Agencies, (2)(a) should
read: Upon approval of the BCC, letters
of support shall be executed by the County and provided to the requester for
inclusion in the grant application.
Mr. Forte requested Item 41, Approval
for the Final Plat for Hanover Pointe Replat, be moved to the afternoon session
following the Hanover Pointe Replat plat vacate Public Hearing due to the
statutory requirements of Section 177.101 of the Florida Statues regarding the
appropriate sequence of vacating prior to replatting.
Mr. Forte advised that under the
Regular Agenda, Item 55, Worker’s Comp/Property & Casualty Insurance, staff
replaced the old 3-year cost history and distributed it to the BCC and the
Clerk’s Office. He added that Item 63,
Silverleaf Park PUD Final Master Plan and Developer’s Commitment Agreement, was
being moved to the morning session since it is a Regular Agenda item and will
be heard after Item 56.
Mr. Forte stated some contracts in
the agenda that were started several months ago have Commissioner Dallari’s
name for signature and those will be modified for signature once they are
approved. He advised that regarding the
BAR’s, there were modifications that were clerical and did not change the
intent of the budget amendment submitted in the originally published agenda
package.
Commissioner
Dallari stated he would like Item #38, Approve Resolution Implementing BAR
11-20, pulled for a separate discussion and vote.
Motion by
Commissioner Dallari, seconded by Commissioner Henley to authorize and approve
the following, as amended:
County Manager’s
Office
Purchasing &
Contracts Division
2. Award
CC-5365-10/JVP, as shown on page _______, Longwood Lake Mary Road Pavement
Rehabilitation, in the amount of $886,831.55 to Halifax Paving of Ormond Beach,
Florida; and authorize the Purchasing & Contracts Division to execute the
Agreement.
3. Award
CC-5756-10/JVP, as shown on page _______, Orange Boulevard Bridge Replacement
and Pavement Rehabilitation in the amount of $584,000.00 to Leware Construction
Company of Florida, Inc., of Leesburg,
Florida; and authorize the Purchasing and Contracts Division to execute the
Agreement.
4. Award
CC-5931-10/DRR, as shown on page _______, Lake Hayes Water Supply Restoration,
in the amount of $177,291.00 to Young's Communications Co. Inc., of Melbourne,
Florida; and authorize the Purchasing and Contracts Division to execute the
Agreement.
5. Award CC-6043-10/JVP, as shown on page
_______, Osceola Road Audible Pavement Markings in the amount of $103,888.50 to
Oglesby Construction, Inc. of Sanford, Florida; and authorize the Purchasing
& Contracts Division to execute the Agreement.
6. Award
IFB-601014-10/GGM, as shown on page _______, Term Contract for Recycling of
Waste Tires Collected at the Seminole County Landfill to Global Tire Recycling
of Sumter County, Inc, Wildwood; and
authorize the Purchasing & Contracts Division to execute the Agreement.
7. Award IFB-601015-10/TLR, as shown on
page _______, Term Contract for Lawn Care Services, Fertilization, Pest and
Weed Control to Helping Hand Lawn Care, Inc., Sorrento; and authorize the
Purchasing and Contracts Manager to execute the agreement.
8. Award
RFP-600932-10/GMG, as shown on page _______, Term Contract for Disaster Debris
Hauling Services to Bergeron Grubbs Emergency Services, JV, Brooksville,
Florida (Primary Contractor); and TAG
Grinding Services, Inc., Daviston, Alabama (Secondary Contractor); and authorize the Purchasing & Contracts
Division to execute the Agreement.
9. Award RFP-600984-10/TLR, as shown on
page _______, Term Contract for County Physician Services to Florida Physicians
Medical Group d/b/a Newman Family Medicine, Altamonte Springs; and authorize
the Purchasing and Contracts Division to execute the agreement.
10. Award RFP-600987-10/TLR, as shown
on page _______, Term Contract for Temporary Staffing Services to Academy
Design and Technical Services, Inc., Margate, and authorize the Purchasing and
Contracts Division to execute the agreement.
11. Award RFP-600992-10/GMG, as shown on page
_______, Term Contract for Specialty Floor Topping Installation Services at the
Central Transfer Station to Structural Preservation Systems, LLC, Sarasota, and
Premus of Orlando, Inc., Clermont.
12. Award RFP-601008-10/BJC, as shown on page
_______, State Legislative and Governmental Lobbying Services to Shutts &
Bowen LLP, Tallahassee, Florida ($60,000.00 per year); and authorize the Purchasing & Contracts Division to execute the
Agreement.
13. Award RFQ-601057-10/LJS, Compensation and
Benefits Study for Seminole County to Evergreen Solutions, LLC, Tallahassee; and authorize the Purchasing & Contracts
Division to execute the Agreement.
14. Approve Amendment #23 to PS-332-96/BJC, as
shown on page _______, with Bowyer Singleton & Associates, Inc., of
Orlando, Florida, to increase the total Fixed Fee Amount of the Agreement by an
additional $21,641.00; and authorize the Purchasing and Contracts Division to
execute the Amendment.
15. Approve Amendment #2 to PS-5190-05/DRR, as
shown on page _______, with CH2M Hill, of Orlando, Florida, to revise Section 2
- Term, Section 5 - Compensation, Section 6 - Reimbursable Expenses, Section 7
- Payment and Billing and Section 19 - Insurance, replace Exhibits “C” &
“E” in their entirety, and include revised audit language; and authorize the
Purchasing & Contracts Division to execute the Amendment.
16. Approve ranking list, authorize staff to
negotiate rates in accordance with F.S. 287.055, the Consultants Competitive
Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division
to execute a Master Services Agreement (MSA) for PS-5738-10/JVP, as shown on
page _______, for Design Services for SR 46 from SR 415 to CR 426 (Estimated
Usage of $750,000.00 over the term of the MSA).
Central Services
Support Services Division
17. Approve and authorize the Chairman to execute
the Purchase Agreement, as shown on page _______, for approximately 5,512
square feet of Parcel #03-21-29-300-021A-0000 owned by Matthew B. Cato and Lara
J. Cato, Lake Mary, in the amount of $2,530.76.
Community
Services
Business Office
18. Approve and authorize the
Chairman to execute the Service Agreement contracts, as shown on page _______, for
Adult Drug Court and Seminole County for the following: Seminole Community Mental Health Center,
Inc.; Specialized Treatment, Education and Prevention, Inc.(STEP); Hope and
Help Center of Central Florida, Inc.; Glacier Consulting; Human Services
Associates, Inc.; and New Life Connections, Inc.
Community
Assistance Division
19. Provide an additional $75,000
of Homelessness Prevention and Rapid Re-Housing (HPRP) funds to Jewish Family
Services of Greater Orlando, Inc. and authorize the Chairman to execute the Agreement,
as shown on page _______, with this entity.
20. Approve and authorize the
Chairman to execute the Community Service Agency (CSA) Agreements, as shown on
page _______, for 2010/2011 budget year for the following: Boys & Girls Clubs of Central Florida;
Boys Town of Central Florida, Inc.; Catholic Charities of Central Florida,
Inc.; Intervention Services, Inc.; Kids House of Seminole, Inc.; Lighthouse
Central Florida, Inc.; Meals on Wheels, Etc., Inc.; Seminole Community
Volunteer Program, Inc.; Seminole County Victim’s Rights Coalition, Inc.;
Seminole County Victim’s Rights Coalition, Inc. - Yana Project; Senior’s First,
Inc.; Special Olympics of Central Florida, Inc.; The Christian Sharing Center,
Inc.; The Foundation for Seminole County Public Schools, Inc. and The Seminole
County Coalition for School Readiness, Inc.
21. Approve and authorize the Chairman to execute
the Senior Citizen and/or Disabled Persons Rental Housing Developer Agreement,
as shown on page _______, with Redleaf Equities, LLC to award $1,065,000 in
State Housing Initiatives Partnership (SHIP) Program funding.
22. Approve and authorize the Chairman to execute
the First Amendment to CDBG Subrecipient Agreement, as shown on page _______, between
Seminole County and Central Florida Family Health Center, Inc. Program Year
2009-2010.
23. Approve and authorize the Chairman to execute appropriate
Resolution #2010-R-236, as shown on page _______, accepting 1606 Roosevelt
Avenue, Sanford, FL, from the Center for Affordable Housing, Inc. by means of a
Quitclaim Deed, as shown on page _______, and further authorizing conveyance of
the property by County Deed for use as affordable housing serving a lower
income household; and, to execute the County Deed, as shown on page _______,
conveying same to Corinthian Management, Inc., a local not-for-profit
corporation for said purpose.
24. Approve and authorize the Chairman to execute
the Rescue Outreach Mission, and Seminole County Victims Rights Coalition Emergency
Shelter Grant Subrecipient Agreements, as shown on page _______, for Program
Year 2010-2011.
25. Approve and authorize the Chairman to execute
a Tri-party Agreement, as shown on page _______, with Clarkson Concepts and
Milestone Social Services for the donation of a duplex from Clarkson to
Milestone to use as two group homes for adults with mental disabilities.
Environmental
Services
Business Office
26. Approve the Release of the
original Water & Sewer Cash Maintenance Bond for the project known as
Little Pro Day Care in the amount of $401.17. (Kopez Investments, LLC)
27. Approve the Second Amendment to the
Conditional Utility Agreements, as shown on page _______, for Potable and
Reclaimed Water and Sewer Service for the project known as Hanover Pointe
Townhomes. (Longwood/Lake Mary, LLC)
28. Approve the Release of the original Water
& Sewer Cash Maintenance Bond for the project known as Goodwill Industries
in the amount of $2,988.45. (Goodwill Industries of Central Fl.)
Solid Waste
Management
29. Approve and authorize the
Chairman to execute the updated City of Longwood Solid Waste Management
Agreement, as shown on page _______.
Water and Sewer
30. Approve the Quitclaim Deed, as
shown on page _______, conveying the Heathrow Master Lift Station property site
to the County.
Fiscal Services
Business Office
31. Adopt appropriate Resolution
#2010-R-250, as shown on page _______, amending Section 22.20 of the
Administrative Code to clarify the Grants Management Policy and to add verbiage
relative to the American Recovery and Reinvestment Act of 2009.
32. Approve and authorize the
Chairman to execute the Award Letter, as shown on page _______, detailing the
special conditions required to receive the FY 2010 Homeland Security Grant
Program funding allocation of $62,497.00 from the Florida Division of Emergency
Management.
Budget Division
33. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-251, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-4 through the
Community Services Grants Fund in the amount of $607,860 to increase funding
for the Shelter Plus Care 3 program.
34. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-252, as shown on page _______, implementing Budget Amendment Request
(BAR) #11-08 through the General Fund in the amount of $10,445 to appropriate
VOTE Program Grant.
35. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-253, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-15 through the Public
Works Stimulus Grants Fund and the 2001 Infrastructure Sales Tax Fund in the
amount of $1,400,000 to budget ARRA funding for the replacement of the Orange
Boulevard Bridge.
36. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-254, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-16 through the Public
Works Stimulus Grants Fund and the 2001 Infrastructure Sales Tax Fund in the
amount of $4,400,000 to budget ARRA funding for the Cross Seminole Trail Red
Bug Lake Road Pedestrian Overpass.
37. Approve and authorize the Chairman to execute appropriate
Resolution #2010-R-255, as shown on page _______, implementing Budget Amendment
Request (BAR) #11-19 in the amount of $100,593,650 through various funds in
order to carryforward the remaining project budgets from FY 2009/10 to FY
2010/11.
Growth
Management
Economic
Development Division
39. Approve and authorize the
Chairman to execute Pledge Commitment, as shown on page _______, to the
Foundation for Seminole State College of Florida, Inc. in the amount of
$150,000 for services provided through the Small Business Development Center
located at the Port of Sanford.
40. Approve and authorize the
Chairman to adopt appropriate Resolution #2010-R-256, as shown on page _______,
approving the issuance of Industrial Development Revenue Bonds for BlueChip
Energy, LLC.
Planning &
Development Division
42. Approve and authorize the
Chairman to execute the attached Service Funding Agreement, as shown on page
_______, by and between Seminole County, Florida and LYNX for FY 2010/2011.
Leisure Services
Library Services
Division
43. Approve and authorize the
Chairman to execute the Sponsorship Services Agreement, as shown on page
_______, between Seminole County and the Friends of the Library, "Building
a Smarter Community" fund raising campaign.
Public Safety
Business Office
44. Approve and authorize the Chairman to execute appropriate
Resolution #2010-R-257, as shown on page _______, renaming Talman Mews Court to
Talman Court.
Public Works
Engineering Division
45. Adopt appropriate Resolution
#2010-R-262, as shown on page _______, and authorize the Chairman to execute a
Perpetual Easement, as shown on page _______, conveying certain easement rights
to the State of Florida Department of Transportation (FDOT Parcel No. 861.1R -
Part A) in conjunction with the Commuter Rail (SunRail) Transit Project.
Roads –
Stormwater Division
46. Approve and authorize the
Chairman to execute an appropriate Resolution #2010-R-263, as shown on page
_______, and Joint Participation Agreement Supplemental Amendment Number 1, as
shown on page _______, with the Florida Department of Transportation in
conjunction with the Lake Jesup Basin Management Action Plan. (FDOT-FMN:
243844-1-74-06)
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Dallari advised the Board that since he had only received Item 38, Approve BAR
#11-20, this morning, he would like time to review it. Chairman Carey suggested moving the item to
the afternoon session. No objections were voiced.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Henley,
seconded by Commissioner Dallari to authorize and approve the following:
County
Attorney’s Office
47. Adopt appropriate Resolution #2011-R-258, as
shown on page _______, rescinding previous resolutions relating to the Chapman
Road improvement project, for which acquisition is complete. Before acquiring
property, authority is obtained from the Board of County Commissioners by
resolutions. All property needed for this project was acquired through
donations, purchase agreements or litigation.
Adoption of this Resolution is requested in order to clear title for all
property not needed by the County for this project listed in the previously
adopted resolutions.
48. Approval of a proposed negotiated settlement
relating to Parcel Nos. 835A/835B on the Lake Emma Road improvement
project. The proposed negotiated
settlement is at the sum of $243,000.00 inclusive of all land value,
improvements, cost to cure, damages, statutory interest, attorney's fees,
expert fees and cost reimbursements.
49. Acceptance of a proposed settlement for
Timothy Hudson to pay $10,000.00 to Seminole County by cashier's check or money
order in full satisfaction of the deficiency that exists between the amount of
Seminole County's foreclosure judgment and the value of the mortgaged property
as of the date of the foreclosure sale.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner Henley to authorize and approve the following:
Clerk’s
Office
50. Approval
of Expenditure Approval Lists, as shown on page _______, dated October 25,
November 1, 9, and 15, 2010; and Payroll Approval Lists, as shown on page
_______, dated October 28 and November 10, 2010; approval of the BCC Official
Minutes dated October 26, November 9 and 16, 2010; and noting, for information
only, the following Clerk’s “received and filed”:
1. Work
Order #20, as shown on page _______, to CC-2190-07.
2. Amendment
#2, as shown on page _______, to Work Order #13 to RFP-4240-05
3. Amendment
#1, as shown on page _______, to Work Order #78 for PS-5120-02.
4. Change
Order #1, as shown on page _______, to CC-5432-10.
5. Work
Orders #66 & #67, as shown on page _______, to CC-1741-07.
6. Work
Order #3, as shown on page _______, to PS-4906-09.
7. Work
Order #8, as shown on page _______, to CC-2183-07.
8. Work
Order #16, as shown on page _______, to PS-4388-09.
9. Change
Order #2, as shown on page _______, to CC-4186-09.
10. Work Order #8, as shown on page _______, to
M-5004-09.
11. Amendment #3, as shown on page _______, to
RFP-4277-09 (Rental) Clarkson.
12. Amendment #3, as shown on page _______, to
RFP-4277-09 (Resale) Clarkson.
13. Work Order #52, as shown on page _______, to
CC-1284-06.
14. Amendment #2, as shown on page _______, to
Work Order #50 to PS-1529-06.
15. Work Order #51, as shown on page _______, to
CC-1284-06.
16. Work Order #72, as shown on page _______, to
PS-1529-06.
17. Amendment #1, as shown on page _______, to
Work Order #2 to PS-4736-09.
18. Amendment #2, as shown on page _______, to
Work Order #1 to PS-4906-09.
19. Work Order #73, as shown on page _______, to
PS-1529-06.
20. Acceptance of Water and Sewer systems for
TAMCO project/Bill of Sale, as shown on page _______.
21. CC-5682-10 – Construction Services Agreement,
as shown on page _______, Yankee Lake WRF Phase 2A/Wharton-Smith.
22. Memorandum of Agreement, as shown on page
_______, for Reimbursement of Coordination and Chemical Analysis Costs –
National Atmospheric Deposition Program.
23. Amendment #4, as shown on page _______, to
Work Order #32 to PS-1501-06.
24. Change Order #6, as shown on page _______, to
CC-4813-09.
25. Delegation of Authority to Accept Documents
and Set Public Hearings.
26. City of Altamonte Springs Comp Plan Amendments
and Rezoning Ordinances - 1623-10; 1624-10; 1626-10; 1627-10.
27. D.O. 10-31000012, as shown on page _______, James
W. & Trisha R. Cleveland.
28. Work Order #9, as shown on page _______, to
PS-5140-03.
29. Work Orders #84 and #85, as shown on page
_______, to PS-1074-06.
30. Work Order #49, as shown on page _______, to
CC-1284-06.
31. Work Order #14, as shown on page _______, to
PS-3914-08.
32. Closeout, as shown on page _______, to Work
Order #40 to CC-1284-06.
33. Amendment #5, as shown on page _______, to
Work Order #27 to RFP-4277-09.
34. Parks Contracts, as shown on page _______, for
Katherine Avala, Annalisa Weiler-Lazarz, Norene A. Koester and James Peters.
35. Work Orders #51, #55 and #56, as shown on page
_______, to RFP-4277-09.
36. Closeout, as shown on page _______, to Work
Order #20 to CC-2184-07.
37. Memorandum from Chief Fleming regarding
Sheriff’s Office FY 2009/10 Budget Closeout.
38. Change Order #22 and #23, as shown on page
_______, to RFP-0613-06.
39. Amendment #1, as shown on page _______, to
PS-4906-09.
40. Litigation Consultant Services Agreement, as
shown on page _______, with Quackenbush & Associates regarding Central
Florida Environmental Corp.
41. U.S. Department of Interior/U.S. Geological
Survey Joint Funding Agreement, as shown on page _______, for Florida Water
Science Center (FLWSC).
42. Work Order #6, as shown on page _______, to
PS-4572-09.
43. Work Order #7, as shown on page _______, to
PS-4572-09.
44. Parks Contracts, as shown on page _______, for
Katherine Barnard, Donald Childs, Deborah Coreil, Thomas J. Flaherty, DeWitt
Hazzard, Karen Kramer, James Peters, Marie Luise Tims, Antonio Vaziri and James
Zeisler.
45. Parks Contracts, as shown on page _______, for
Michael Buky, Sheena Fosselius, Joel Lipscomb, Daniel Tucker, Louis Villanueva,
Julius M. Walker, Jr. and Richard Zywica.
46. Amendment #2, as shown on page _______, to
Work Order #5 for M-5004-09.
47. Work Orders #70 and #71, as shown on page
_______, to PS-1529-06.
48. Amendment #4, as shown on page _______, to PS-5174-04.
49. Amendment #1, as shown on page _______, to
RFP-0013-05.
50. Litigation Consultant Agreement, as shown on
page _______, with Clayton, Roper & Marshall regarding Seminole County
versus Hudson.
51. Work Order #5, as shown on page _______, to
PS-5438-10.
52. Amendment #3, as shown on page _______, to
Work Order #5 to PS-1529-06.
53. Amendment #1, as shown on page _______, to
Work Order #46 to PS-5174-04.
54. Amendment #1, as shown on page _______, to
Work Order #43 to RFP-4277-09.
55. Work Order #27, as shown on page _______, to
PS-5182-05.
56. Development Orders, as shown on page _______,
as follows: 10-30000101, Gary &
Nancy Ayers; 10-30000100, Max Strother; 10-30000099, Dallas & Phyllis
Harding; 10-30000098, Norma Burnette; 10-30000097, Edward Miers; 10-30000095,
Russell & Michelle Reinhard; 10-30000094, Charlene Rojas; 10-30000092,
Truman & Sarah Stephens; 10-30000091, Matthew M. Moore; 10-30000089,
Patricia Hall; 10-30000088, William K. & Karyn Kurz; 10-30000081, Michael
Guiseppe & Mimma Giambrone; 10-32000012, Ali H. Jawad; 10-3100009, Jeffery
Wallace, Michele Wallace & Marjorie Simmons; 10-50000007, Donald &
Audrey Ograyensek; and 10-50000006, David A. Carter;
57. Richmond Commerce Park Development Order, as
shown on page _______, 09-2300002 (Ann Takvorian) approved by BCC on July 27,
2010.
58. Addendum #2, as shown on page _______, to the
Third Revised and Restated NW Oregon PUD Major Amendment and Final Master Plan
approved by BCC on June 22, 2010.
59. CC-5075-10 - Public Works Minor Projects
Continuing Construction Agreement, as shown on page _______, with the
following: JCB Construction, Inc.; AJA
Construction, Inc. and The Briar Team, LLC.
60. CC-5544-10 – Public Services Agreement, as
shown on page _______, Minor Construction for FHWA Emergency Disaster Relief
with The Briar Team, LLC and JCB Construction, Inc.
61. Work Order #12, as shown on page _______, to
PS-2564-07.
62. Work Order #86, as shown on page _______, to
PS-1074-06.
63. Work Order #47, as shown on page _______, to
CC-1284-06.
64. Change Order #1, as shown on page _______, to
CC-5225-10.
65. Third Amendment, as shown on page _______, to
RFP-4277-09 (Rental) – Miller Construction.
66. Third Amendment, as shown on page _______, to
RFP-4277-09 (Resale) – Miller Construction.
67. Amendment #8, as shown on page _______, to
RFP-1091-06.
68. Interlocal Agreement, as shown on page
_______, between Orange County, Seminole County & City of Orlando regarding
Central Florida Urban Search and Rescue Team Consortium.
69. Change Order #4, as shown on page _______, to
Work Order #15 to CC-2184-07.
70. Cash Maintenance Bond w/Escrow Agreement, as
shown on page _______, for TAMCO in the amount of $3,721.
71. Second Amendment, as shown on page _______, to
RFP-600846-10.
72. Parks Contracts, as shown on page _______, for
Clayton Ferrara and John Wiley.
73. 2010 Joint Planning Agreement, as shown on
page _______, Seminole County and the City of Sanford.
74. Letter from Florida Department of Agriculture
and Consumer Services submitting 2009/2010 Florida Division of Forestry Annual
Report.
75. Amendment #2, as shown on page _______, to
Work Order #15 to PS-1529-06.
76. Work Order #2, as shown on page _______, to
RFP-5465-10.
77. First Amendment, as shown on page _______, to
PS-4906-09.
78. Work Order #1, as shown on page _______, to
RFP-5465-10.
79. Work Orders #22 and #23, as shown on page
_______, to CC-2184-07.
80. Second Amendment, as shown on page _______, to
IFB-3101-05.
81. Change Order #4, as shown on page _______, to
CC-4923-09.
82. Change Order #1, as shown on page _______, to
CC-5392-10.
83. Work Order #48, as shown on page _______, to
CC-1284-06.
84. Amendment #3, as shown on page _______, to
Work Order #1 to PS-1666.
85. Subordination Agreement, as shown on page
_______, with the City of Sanford regarding traffic signal pole easement at the
corner of N. French and 1st Street.
86. CC-5909-10 – Construction Services Agreement,
as shown on page _______, with ACTS Construction/Diesel Tank Installation at SC
Fire Station #34.
87. Closeout, as shown on page _______, of Work
Order #41 to CC-1284-06.
88. Work Order #50, as shown on page _______, to
CC-1284-06.
89. Work Order #49, as shown on page _______, to
CC-1075-06.
90. Fourth Amendment, as shown on page _______, to
IFB-600101.
91. Parks Contracts, as shown on page _______, for
Brian Clark, Stephan Dodd, Susan Dodd, Sandra Field, Shelley MacFarlan, David
Mease, George Quinones, Joe Santora, Ray Schleichcorn, Thomas L. Dallinga,
Sarah Harkins, Raphael Harper, Jan Kaye, Peter Mainelli, Zachary McGrath,
Deborah McMillan, Tracy Morgan, John Sanders, Rolland Shea and Robyn Soto.
92. Sixth Amendment, as shown on page _______, to
IFB-600250-07.
93. Grant Agreements, as shown on page _______,
with HUD for CDBG, HOME and ESG programs.
94. Third Amendment, as shown on page _______, to
IFB-600325-08.
95. Change Order #4, as shown on page _______, to
CC-4623-09.
Sheriff’s Office
51. Approval to expend $2,000 from
the Law Enforcement Trust Fund to provide for a contribution to the Boys and
Girls Clubs of Seminole County.
52. Approve
and authorize the Chairman to execute appropriate Resolution #2010-R-259, as
shown on page _______, implementing Budget Amendment Request (BAR) #11-17,
recognizing $75,937 in additional FY 2010/11 SCAAP revenues and correspondingly
increasing the Sheriff’s FY 2010/11 operating budget by an equivalent amount.
53. Approve
and authorize the Chairman to execute appropriate Resolution #2010-R-260, as
shown on page _______, implementing Budget Amendment Request (BAR) #11-18 re-budgeting
$241,247 in prior year’s unexpended grant funds to the Sheriff's Office FY
2010/11 budget.
54. Approve
and authorize the Chairman to execute appropriate Resolution #2010-R-261, as
shown on page _______, implementing Budget Amendment Request (BAR) #11-21, in
the amount of $8,420, for appropriation of Unclaimed Evidence Funds.
Districts 1, 2, 3, 4 and
5 voted AYE.
REGULAR AGENDA
Meloney Lung, Central Services, addressed
the Board to present the renewal for the County Property, Casualty and Workers’
Compensation Insurance Program for the calendar year 2011. Ms. Lung announced that Greg Butterfield,
Consultant, was present to answer any questions. Ms. Lung advised that the replacement page
previously provided reflects that the Casualty Package has gone down an
additional $30,000.
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to approve the County Property and Casualty
Insurance Program for the calendar year 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Carol Watral, MSBU Project
Manager, addressed the Board to present a request for
authorization for the MSBU Program to schedule and advertise a public hearing to consider upgrading the street lighting equipment in the
East Altamonte/Winwood Park vicinity.
Ms. Watral advised that the tentative date for the requested public
hearing is January 11, 2011. She added
that holding the public hearing is authorized by the Consolidated Street
Lighting Ordinance 2010-16. She added
that the application for the upgrade was received from the Sheriff’s Office on
February 22, 2010.
Commissioner
Henley stated that he has had numerous meetings with the citizens in the
Winwood area and stated that the Sheriff has been very involved.
Motion by Commissioner Henley, seconded by
Commissioner Dallari, to authorize the MSBU Program to schedule and advertise a
public hearing in compliance with the Consolidated Street Lighting District
Ordinance 2010-16, Section 12(b) to give consideration to authorizing the
street lighting equipment upgrades necessary for improving the nighttime safety
along the roadways within the East Altamonte/Winwood Park vicinity.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Brian
Walker, Senior Planner, addressed the Board to present a request for approval
of the Silverleaf Park PUD Final Master Plan and Developer’s Commitment
Agreement, Commitments and Classifications on approximately 28.25 acres located
on the east side of Oregon Street, approximately ½ mile north of the
intersection of SR 46 and Oregon Street.
Mr. Walker stated that the property has a High Density Residential
Future Land Use and the Final Master Plan proposes 115 single family homes at a
net density of 8.04 units per acre.
Mr.
Walker advised that on June 10, 2008, the Board adopted a Land Use Amendment
and approved the rezoning. On August 23,
2010, perimeter setbacks and building separation were revised in an amended
Development Order. Mr. Walker stated
that staff recommends approval of this item.
Chairman
Carey stated that this item was in her district and she would be looking for a
motion to approve.
Motion by Commissioner Henley, seconded
by Commissioner Dallari, to approve the Silverleaf Park PUD Final Master Plan
and Developer’s Commitment Agreement, Commitments & Classifications, as
shown on page _______, on approximately 28.25 acres located on the east side of
Oregon Street, approximately ½ mile north of the intersection of SR 46 and
Oregon Street, KB Home Orlando, LLC, based on staff findings.
COUNTY MANAGER’S
BRIEFING
The
Board noted the Informational Budget Amendment Status Report FY 2010/11 for the period ending October 31,
2010.
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Andrew Neff, Environmental Services
Director, addressed the Board to present a Myregion.org update. Mr. Neff explained that provided in the
agenda package is a Letter of Commitment expressing the Board’s potential level
of endorsement for the Myregion White Paper (A Regional Strategy for Creating
an Economically Sustainable Water Supply for Central Florida), the White Paper
dated December 10 and his comments regarding the White Paper. He explained that the White Paper has been a
work in progress between the Myregion group and the Urban Land Institute.
Mr. Neff stated that the Congress
of Regional Leaders received the White Paper last Friday and are currently
reviewing it and seeking comments from elected officials (by January 31, 2011) to
help determine which recommendations should be implemented. Mr. Neff explained that the next step will then
be creation of civic architecture to advance the recommendations.
Mr. Neff read the White Paper’s
Problem Statement into the record and described the four different categories
that the White Paper’s recommendations are grouped into as follows: Conservation and Environment, Education and
Outreach, Economics and Pricing, and Alternative Water Supply.
In reviewing his comments relating
to the White Paper’s Background Category, Regulation of Water Use in Florida, Mr.
Neff described one of his concerns as being the effect of inconsistent
regulation. He described the process of
developing a plan to regulate the remaining ground water and how to seek
alternative water supplies for the future in the region. Mr. Neff stated that he does not believe the
White Paper sufficiently addresses the impact of future financial
sustainability for the long term.
Regarding the Conservation and Environment
Category recommendation of requiring the water management districts to adopt
policies for consumptive use and management of water, Mr. Neff pointed out that
the recent passage of HB 1565 limits the ability of Water Management Districts
to issue rules. Mr. Neff stressed that
utilities should be provided flexibility on how to meet goals, not a
prescriptive solution and suggested a menu instead of a checklist.
Regarding the Economics and Pricing recommendation
to conduct a survey of utility rate structures, Mr. Neff stated he believes
there needs to be a lot of emphasis on participation from the Water Management
Districts in co-funding. He added that
he believes that Water Management Districts should not be involved in rate
setting which is the purview of local government.
Mr. Neff advised that the next step will be
affirming the level of support for the White Paper including the
recommendations that the Board thinks should be in or out along with their
thoughts and comments.
Chairman Carey stated that when she served
on the Myregion Board and the water topic came up, she expressed the fact that
Seminole County was much further ahead than most others in the region. She expressed concerns about the White Paper
and does not want to endorse it the way that it stands.
Chairman Carey suggested that since Commissioner
Henley serves on the Congress of Regional Leaders, he might have some
insight. She further suggested that
Commissioner Henley and Mr. Neff craft something that states the Board's
concerns that could be taken back to Myregion.
Commissioner Henley directed the Board to pages 11
through 14 of the White Paper which contain the specific recommendations. Commissioner Henley advised that when the
Congress of Regional Leaders met last Friday and brought forward the
recommendations to be accepted, he asked for clarification as to whether they
were receiving it or accepting it. Commissioner
Henley stated that right now the committee is trying to come to a conclusion as
to what the group as a whole agrees upon.
He compared Seminole County’s participation to the other partners’
participation.
Commissioner Henley stated he would be happy to work
with Mr. Neff to forge a response. He
again asked the Board to look over the recommendations. Chairman Carey suggested the Board can take
formal action at either the first or second meeting in January.
Commissioner Van Der Weide expressed concerns
regarding Myregion.org and wondered what they were really doing relative to
getting funds dedicated to them.
Chairman Carey reminded the Board that Seminole County has not funded
Myregion for the last several years.
Commissioner Dallari stated that Seminole County has
always been pro-regional regarding the regional water supply and has tried to
get the various surrounding cities to come on board. He stated his biggest concern is if the
others do something that limits the County's bonding and financial
capabilities. He added if others want to
talk regional, Seminole County has always been there and we will continue to be
there but the others need to also be willing to come to table to actually act
regional.
Commissioner Henley stated that he pointed out to
the Congress of Regional Leaders that Seminole County has always been in the
forefront and has been fighting the legal battles but no one has stepped
forward to help while all have benefit from the victories.
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Mr. Forte advised the Board that an
emergency ordinance (received and filed) was being distributed by Robert
McMillan, County Attorney, regarding a moratorium on pill mills. Mr. Forte explained that since several
surrounding jurisdictions have placed moratoriums on pill mills or pain clinics
over the last several weeks, he has a concern that these pill mills, with no
other place to go, will come to Seminole County since it does not have a
moratorium. Mr. Forte advised that this
emergency ordinance does have the Sheriff’s support.
Mr. Forte described the restrictions contained in
the ordinance and advised that the ordinance would expire on January 31, 2011. In addition to the authorization of the
emergency ordinance, Mr. Forte requested the Board’s authorization to advertise
for the issuance of a regular ordinance to be heard on January 11.
Mr. McMillan discussed the length of time the
ordinance would be in effect and advised that this ordinance mirrors the
ordinance adopted in Orange County.
Donna Wysong, Assistant County Attorney, addressed
the Board to describe the ways the moratorium would work. She stated that the moratorium would deal
with pain management clinics that dispense pills on premises. She explained the ordinance exempts
legitimate doctors who specifically treat cancer patients and any sort of
clinic that is affiliated with a medical school. Ms. Wysong directed the Board to page 4 of
the ordinance for a complete list of exemptions.
Upon inquiry by Chairman Carey, Mr. McMillan
explained that this ordinance will affect existing operations in that they
cannot be operating on a cash only basis and limits the hours of operation from
7:00 a.m. to 9:00 p.m.
Upon inquiry by Commissioner Henley, Mr. McMillan
advised that the ordinance prohibits any new clinics from opening up between
now and January. He further stated that
if an existing clinic is taking cash only or operating 24 hours a day, that
will need to stop.
Upon inquiry by Commissioner Horan concerning any
bills that have been filed regarding this matter, Mr. McMillan explained that
the State has already passed legislation and rules have been adopted by the
agencies implementing the legislation but they cannot go into effect until they
go back to the legislature.
Melissa Souto, Assistant General Counsel for the
Sheriff’s Office, addressed the Board to advise that the Sheriff’s Office is
working on some proposals asking for changes in the State Statute.
Chairman Carey clarified that if this matter has not
been approved by the Legislature by January 30, staff is asking for permission
to advertise to do a regular ordinance.
Mr. McMillan explained that normally when emergency ordinances are done,
the scheduling of a regular ordinance is done to avoid challenges to the nature
of the emergency.
Chairman Carey suggested that adopting an ordinance
for six months would give the Legislature time to take the matter up.
Upon inquiry by Commissioner Van Der Weide, Ms.
Souto stated that the Sheriff’s Association has someone to sponsor the
legislation that the Sheriff wants to put in place.
Commissioner Horan stated that statistics show that
as many as nine people a day in the state of Florida die due to a prescription
drug overdose. Commissioner Horan
advised that he is in favor of this ordinance.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to adopt Emergency Ordinance
2010-30, as shown on page _______, relating to a Moratorium on Pain Management
Clinics; and to authorize the advertisement of a regular ordinance relating to a
Moratorium on Pain Management Clinics.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S
BRIEFING
Mr. McMillan introduced Jeff Newton, the new
Deputy County Attorney, and gave a brief history of his employment.
Jeff Newton, Deputy County Attorney,
addressed the Board to state that he is looking forward to working with the
County in the years to come.
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Chairman
Carey recessed the meeting at 10:20 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials (with Clerk of Court Maryanne Morse being
absent) with the exception of Deputy Clerk Jane Spencer, who was replaced by
Deputy Clerk Eva Roach, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to authorize the filing of the proofs of
publication for this meeting's scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
THE SPRINGS
PUD MAJOR AMENDMENT/Saxon and Clark
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to approve a Major Amendment to The Springs PUD (Planned Unit
Development) and Addendum #9 to the Developer’s Commitment Agreement, for a
portion of Tract 19 consisting of approximately 1.19 acres, located on the
north side of West SR 434, approximately ¼ mile west of Markham Woods Road,
Saxon and Clark, received and filed.
Chairman
Carey stated the law firm of Shutts & Bowen is requesting that this item be
continued.
Robert
McMillan, County Attorney, stated the Board has a policy that all requests to
continue should be submitted by noon the day before the Board hearing. That doesn’t prevent the Board from
continuing the hearing on its own motion based on cause shown by anybody at the
hearing.
District
Commissioner Van Der Weide stated he is getting so much input from The Springs,
both con and pro, and he feels the best thing to do is to continue this to the
second meeting in January. He said he
feels he will need to meet with The Springs residents because he is getting
different opinions from the community on this issue.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Dallari to continue to January 25, 2011 at 1:30
p.m., or as thereafter as possible, request to approve a Major Amendment to The
Springs PUD (Planned Unit Development) and Addendum #9 to the Developer’s
Commitment Agreement, for a portion of Tract 19 consisting of approximately
1.19 acres, located on the north side of West SR 434, approximately ¼ mile west
of Markham Woods Road, as described in the proof of publication, Saxon and
Clark.
Kurt
Bauerle, representing Saxon and Clark, addressed the Board to state he is
opposed to the continuance. He stated
this item has been pending and they have been through the staff review as well
as the P&Z process. A small number
of residents from The Springs are in opposition to the request. He has had a few meetings within the
community and the meetings have been lightly attended. He asked the Board to reconsider the motion
and take up the matter today.
Ken
Wright, Shutts & Bowen, addressed the Board to state he was just approached
and retained by Bob Shakar and a group of residents within The Springs on this
matter. He stated he concurs with
Commissioner Van Der Weide that something may be gained from some discourse in
the next 30 days. He said he can assure
the Board that this request has been made in good faith.
Donald
Saxon, 89 Wistera Dr., addressed the Board to voice his opinion against the
continuance as a lot of people have taken time off from work to be here. He stated he brought this issue before The
Springs’ residents last year and he is against them asking for a continuance at
the last minute. He said he feels that
the people in favor of this project should be heard today.
Ron
Kenney, 113 Wild Holly Lane, addressed the Board to state he is in favor of the
continuance.
Attorney
Vickie Levieskes, 100 Woodmill Road, addressed the Board to state there are
many attorneys as well as business owners that live in The Springs who may have
an interest in this, and she would like to speak in support of the continuance.
Scott
Major, 300 Wild Olive Lane, addressed the Board to voice his objections to the
continuance. He stated business owners
put a lot on the line everyday and there has to be an end to where a decision
has to be made.
No one
else spoke in support or in opposition of the continuance.
Speaker
Request Forms were received and filed.
Commissioner
Henley stated apparently there has been some miscommunication on this issue,
and the District Commissioner would like to meet with both parties to come up
with something that everybody can live with.
He thinks the right thing to do is give Commissioner Van Der Weide that
opportunity.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND
ABANDONMENT/Longwood/Lake Mary LLC
and Hanover
Pointe Homeowners Association
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to vacate and abandon a portion of the plat known as Hanover
Pointe Replat, as recorded in Plat Book 75, Pages 13 – 21, Longwood/Lake Mary
LLC and Hanover Pointe Homeowners Association, received and filed.
Cynthia
Sweet, Planning and Development, addressed the Board to advise the vacate
involves the entire plat minus the Lift Station Tract and Lots 13 – 18 and Lots
32 – 38. The applicant is requesting the
vacate for the purpose of recording a new plat over the same area as previously
platted for the purpose of a new prototype.
A revised plat will be recorded immediately following the recording of
the resolution to prevent compromising access or other services to the
remaining lots that are not being vacated.
Staff recommends approval of the request.
Allan
Goldberg, Longwood/Lake Mary LLC Vice President, addressed the Board to state
he agrees with the staff comments.
No one
spoke in support or in opposition.
Motion by Commissioner Henley,
seconded by Commissioner Dallari to adopt appropriate Resolution #2010-R-264,
as shown on page ________, vacating and abandoning a portion of the plat known
as Hanover Pointe Replat, as recorded in Plat Book 75, Pages 13 – 21, less the
Lift Station Tract and Lots 13 – 18 and Lots 32 – 38, as described in the proof
of publication, Longwood/Lake Mary LLC and Hanover Pointe Homeowners
Association.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey recessed the meeting at 1:48 p.m., reconvening it at 1:51 p.m.
CONSENT AGENDA (Continued)
Ms. Sweet
requested approval of the final plat (Item #41) for Hanover Pointe Replat
containing 135 townhome lots on a 22.9 acre parcel zoned PUD, located on the
west side of Longwood-Lake Mary Road, approximately 700 ft. south of Acorn
Drive, in Section 29, Township 20S, Range 30E, Longwood/Lake Mary, LLC and
Hanover Pointe Homeowner’s Association.
Motion by Commissioner Henley,
seconded by Commissioner Dallari to approve the final plat for Hanover Pointe
Replat containing 135 townhome lots on a 22.9 acre parcel zoned PUD, located on
the west side of Longwood-Lake Mary Road, approximately 700 ft. south of Acorn
Drive, in Section 29, Township 20S, Range 30E, Longwood/Lake Mary, LLC and
Hanover Pointe Homeowner’s Association.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS (Continued)
BOARD OF
ADJUSTMENT APPEAL/Jennie Loudermilk
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to Appeal the Board Adjustment’s (BOA) decision to approve a
variance at 1426 Hyde Park Drive for a side yard (south) setback variance from
10 ft. to 5 ft. for a proposed dock with boathouse in the PUD (Planned Unit
Development) district; located on the west side of Hyde Park Drive,
approximately 1,000 ft. north of Howell Branch Road, Jennie L. Loudermilk, appellant,
received and filed.
Denny
Gibbs, Planning & Development, addressed the Board to state Ms. Loudermilk
appealed the BOA’s decision in granting Russell Reinhard’s (applicant) a
variance. Staff recommends that the
Board overturn the Board of Adjustment’s (BOA) decision.
Ms. Gibbs
informed Commissioner Henley that there is an existing deck of 340 sq. ft. and
the applicant is adding an additional deck extension plus a boathouse.
Commissioner
Dallari stated the variance is needed because the applicant is trying to keep
the footage of the existing dock. Once
it is expanded it will encroach into the setback that is below the water level.
Ms. Gibbs
displayed and reviewed a drawing showing the existing boat ramp and property
line.
Jennie
Loudermilk, appellant, addressed the Board to state she has listed her concerns
in her appeal letter. She displayed
photos (not received and filed) showing a view of Lake Florence and the
existing boathouse from her patio. She
added Lake Florence is not a large lake and there are no other large structures
on the lake at all. An additional 24 ft.
into the lake is really going to stand out with other structures in the
neighborhood, which are primarily homes.
The new square footage created by that extension is about half the size
of most of the homes. She said she
doesn’t believe that changing the structure to the north side of the boat ramp
where there is 35 ft. of shoreline or continuing to utilize the existing boat
dock are impossible to do. She said she
does not believe that a hardship is created by not granting the extension into
the lake. There are a lot of people
involved in the enjoyment and use of this lake and the lake is a great
asset. She hopes that everyone can work
together to preserve it.
Commissioner
Carey said the Homeowner’s Association (HOA) bylaws indicate that individual
lot owners may build a boat dock if all necessary governmental permits are
obtained; however, no such dock shall extend more than 20 ft. into the lake nor
be wider than 7 ft. Ms. Loudermilk
informed Commissioner Carey that to her knowledge there are no other docks that
extend into the lake more than 20 ft.
Upon
inquiry by Commissioner Henley, Ms. Loudermilk advised she believes the
existing structure extends 20 ft. into the lake and it will be an additional 24
ft. and the width will change from 17 ft. to 21 ft.
Russell
Reinhard, 1426 Hyde Park Dr., addressed the Board to inform Commissioners Carey
and Horan that he has currently a concrete boat ramp to the north that is in
such an angle that if the new addition to the boat house is put in, it will
prohibit the use of the boat ramp.
Sheila
Cichra, 13936 Marine Dr., addressed the Board to state she is the contractor of
the boat dock and what they are asking for does not represent any negative
impact on Ms. Loudermilk’s property. She
displayed photos (not received and filed) of the existing boathouse with solid
walls. She stated they are proposing to
take the walls out and build just a straight boathouse. The existing structure is 8 ft. off the
property line, and adding a boathouse right at the end of it would make the
total structure 44 ft. long. She said
this is not an abnormal length.
Upon inquiry by Commissioner Carey with regard
to whether a variance has been granted for the initial dock, Ms. Gibbs advised
staff found that a dredge and fill permit was done a long time ago. Discussion ensued relating to making the boat
slip narrower, taking 5 ft. off the deck, the bylaws of the homeowners’
association, and the hardship of this parcel created by the landowner.
No one
else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
District
Commissioner Dallari stated when the Board looks at variances, they look at the
abnormality of the lot that hinders the applicant from building on it, or if
there are issues that cannot be overcome within a reasonable financial aspect
of it. He stated he feels this dock can
be built within the existing Land Development Code, and the hardship was
brought on by the property owner and not by the nature of the property
itself. He said he would like to see
what the HOA would like to do.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to overturn the Board of Adjustment’s
decision to approve a variance at 1426 Hyde Park Drive for a side yard (south)
setback variance from 10 ft. to 5 ft. for a proposed dock with boathouse in the
PUD (Planned Unit Development) district; approve Decision on Appeal, as shown
on page ________, located on the west side of Hyde Park Drive, approximately
1,000 ft. north of Howell Branch Road, as described in the proof of
publication, Jennie L. Loudermilk.
Under
discussion, Mr. McMillan explained for Commissioner Horan what the legal
standards are for an appeal. He pointed
out that the Board does not enforce deed restrictions.
Ms. Gibbs
stated the applicant is asking if the Board can allow the variance for 8 ft. of
the existing dock.
Chairman
Carey stated the motion is to overturn the Board of Adjustment’s decision to grant
the variance.
Districts
1, 2, 3, 4 and 5 voted AYE.
BROOKS
LANDING PUD MAJOR AMENDMENT/MI Homes
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to approve the Brooks Landing PUD (Planned Unit Development)
Major Amendment, Amended and Restated Development Order, Rezone from PUD to
PUD, and Second Amended and Restated Final Master Plan Developer’s Commitment
Agreement, for 9.44 acres located on the south side of Red Bug Lake Road, at
the corner of Red Bug Lake Road and Pine Bark Point, and east of Brooks Lane,
MI Homes of Orlando, LLC, received and filed.
Brian
Walker, Growth Management, addressed the Board to state the applicant is
requesting a Major Amendment to the Brooks Landing PUD to reduce the existing
landscape buffer and utility easement adjacent to Red Bug Lake Road from 15 ft.
to 5 ft., and to permit accessory structures within 5 ft. of the side and rear
yard property line behind the main entrance.
The reduction will not affect the placement of the required masonry
wall. The existing PUD was adopted on
August 22, 2006 and amended on April 6, 2010.
It consists of approximately 9.44 acres with a permitted use of single
family residential. The maximum density
allowed is 6.42 units per net buildable acre.
The Planning & Zoning Commission (P&Z) recommended approval of
the request. Staff also recommends
approval of the request.
Upon
inquiry by Commissioner Dallari, Mr. Walker advised the wall will be placed on
the property line and the landscaping in front of it is not part of any
easement. There is landscaping on the
north side of the wall and the applicant has agreed to take care of the trees.
Joan
Lucarelli (phonetic), Harling Locklin & Associates, addressed the Board to
state she concurs with staff recommendations and she would appreciate the
Board’s consideration on this item.
No one
spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to approve the Brooks Landing PUD
(Planned Unit Development) Major Amendment, Amended and Restated Development
Order, as shown on page ________, Second Amended and Restated Final Master Plan
Developer’s Commitment Agreement, as shown on page ________, and Ordinance
#2010-31, as shown on page ________, approving rezone from PUD to PUD, for 9.44
acres located on the south side of Red Bug Lake Road, at the corner of Red Bug
Lake Road and Pine Bark Point, and east of Brooks Lane, as described in the
proof of publication, MI Homes of Orlando, LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
CR 427 MASTRAPA LAND USE
AMENDMENT/Kenneth
Patterson
Proof of
publication, as shown on page ________, calling for a public hearing to
consider Ordinances approving a Small Scale Land Use Amendment from LDR (Low
Density Residential) to MDR (Medium Density Residential); Rezone from R-1
(Single Family Dwelling) to PUD (Planned Unit Development); and Preliminary
Master Plan, for 0.72 acres located on the north side of CR 427, approximately
1½ miles west of Lake Mary Blvd., Kenneth Patterson, received and filed.
Ms.
Williams stated the applicant is proposing to develop two duplex structures on
a single parcel, for a total of four dwelling units. Each duplex would be single story and would
not exceed 3,200 sq. ft. in total size.
She reviewed the land use and zoning classifications of the surrounding
properties. The P&Z Commission
unanimously recommended approval of the request. Staff also recommends approval of the
request.
Kenney
Patterson, applicant, addressed the Board to state he approves staff
recommendations.
No one
spoke in support or in opposition.
District
Commissioner Carey stated she received a letter (received and filed) in
opposition from Bob and Danielle Pantazis.
She recommended approval of the request.
Motion by Commissioner Dallari,
seconded by Commissioner Henley to adopt Ordinance #2010-32, as shown on page
________, approving a Small Scale Land Use Amendment from LDR (Low Density
Residential) to MDR (Medium Density Residential); Ordinance #2010-33, as shown
on page _________, approving rezone from R-1 (Single Family Dwelling) to PUD
(Planned Unit Development); and approval of Preliminary Master Plan and
Development Order, as shown on page ________, for 0.72 acres located on the
north side of CR 427, approximately 1½ miles west of Lake Mary Blvd., as
described in the proof of publication, Kenneth Patterson, based on staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSENT
AGENDA (Continued)
Request to approve Resolution (Item
#38) implementing Budget Amendment Request #11-20 in the amount of $3,942,860
through the Water & Sewer Operating and Capital Funds in order to adjust
project budgets for FY 2010/11, was presented.
Lisa
Spriggs, Fiscal Services Director, addressed the Board to explain for
Commissioner Dallari why these dollars are coming out of reserves for these
projects.
Commissioner
Carey stated it has been beneficial to be able to follow the money.
Commissioner
Dallari stated he is not happy taking that amount out of reserves as he has an
issue with it.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to adopt appropriate Resolution
#2010-R-277, as shown on page ________, implementing BAR #11-20 in the amount
of $3,942,860 through the Water & Sewer Operating and Capital Funds in
order to adjust project budgets for FY 2010/11.
Under
discussion, Commissioner Dallari stated the issue he has is the Board has
discussed about contingency and reserves, and it was told to the Board that the
budget items were correct and they wouldn’t be going into the reserves.
Districts
2, 3, 4 and 5 voted AYE.
Commissioner
Dallari voted NAY.
LEGISLATIVE
UPDATE
Sabrina
O’Bryan, Assistant County Manager, addressed the Board to state she has
provided a rough draft of the legislative items for the Board to consider in
preparation of the local Delegation meeting tomorrow (December 15, 2010) at
6:00 p.m. She began by stating there
have been no major changes to the SR 46 Regional Evacuation Route, the SR 429
Wekiva Parkway & SR 46 Bypass, and the Regional Alternative Water Supply
Program/Yankee Lake Facility. She stated
Symatech is a new project for consideration and the Board previously passed a
resolution supporting that item.
Seminole County has entered into a partnership with the city of Winter
Springs supporting that project. The
County’s Federal Lobbyist has been working with the Congressional members and
has secured letters of support for that project.
Chairman
Carey stated the County is asking for funding for a couple of these projects
and everything else the Board either supports or opposes.
Commissioner
Dallari stated he would like the Federal and State lobbyists to help focus on
the NEPA funds.
Commissioner
Henley stated he wants to make it plain to the lobbyists that those items the
Board is in agreement with on MetroPlan or Lynx, they should be prepared to
support.
Chairman
Carey stated she received a call from Senator Haridopolos requesting that she
work with him on unfunded mandates. She
stated to prepare the Delegation tomorrow night, she has asked Lisa Spriggs,
Fiscal Services Director, to take a look at the funding of the courts and what
the effect TABOR would have on that. She
said she is going to push what kind of negative impact those issues will have
and how difficult it will make if they continue to push down things like TABOR,
property tax reform and those type of things that really affect local
government. She added the pension reform
came up during the Florida Association of Counties (FACo) conference regarding
at what point do they grandfather the employees. The other issue that came up was the septic
tank issue. A lot of FACo members
believe that this issue is really a local issue and they are trying to get that
repealed. That issue has been
postponed. The last issue was Marion
County opted out of the DJJ (Dept. of Juvenile Justice) issue and decided to
pull out of the State system. Seminole
County has a real issue with the billing and the question is do they want to
try to fix the billing issue or opt out and privatize the DJJ, or have the
Sheriff take it over. Marion County has
partnered with a couple other counties and the cost is now being shared by 64 counties
instead of 67. The Board needs to
address how they are going to handle the DJJ issue.
Ms.
O’Bryan referred to the numeric nutrient criteria (FACo is supporting), water
quality, the stormwater management and TMDL’s and advised staff will be looking
at those. She stated from the general
Growth Management standpoint staff’s recommendation is to monitor the role of
the Department of Community Affairs (DCA) and allow for more local control over
the direction of development within Seminole County and perhaps less of State
oversight. Staff also feels that the
Regional Delegation be monitored closely as that would authorize additional
authority toward the Regional Planning Councils. Staff feels that the development of mobility
fees should be monitored as well. All of
those issues will be added to the list.
Chairman
Carey stated the Board would not support the mobility fees on a statewide basis
and she is in favor of trying to restrict what happens at the Regional Planning
Council level. She stated she feels the
Board would like to do what they can to get the Home Rule back as it has had a
negative impact on local communities.
CHAIRMAN’S
REPORT
Chairman
Carey recommended the following appointments/reappointments to various Boards
and Committees:
Reappoint Thomas Greene – The Law Library
for a 3-year term ending January 2014
Reappoint Brandi Triplett – MPO Citizens
Advisory Committee for a 4-year term ending January 2015
Appoint Kendra Cassell and
Judy Putz – MPO Citizens Advisory Committee for a 4-year term ending January
2015
Appoint Brian Suto on the MPO Citizens
Advisory Committee to fulfill remaining term ending January 2012, and
Recommend to the city of Sanford appointing
Robert Hopkins to the Sanford CRA.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to approve the
appointments/reappointments as recommended by Chairman Carey.
Districts 1, 2, 3, 4
and 5 voted AYE.
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Commissioner
Carey stated Michelle Saunders, Community Services Director, recommended that
the Disability Advisory Committee be allowed to sunset effective December 31,
2010. She stated she informed Ms.
Saunders that she should interface with the MPO Disability Advisory Committee
if they have issues and that Commissioner John Horan would be the representative
for that committee.
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Chairman
Carey stated she would like staff to look at resuming the practice of offering
orientations for first-time appointees of committees and boards. This was done previously on a regular basis
and it was stopped. She stated she feels
the new board members, especially those on the quasi-judicial boards, need to
understand their function and she would like that instituted right away.
Commissioner
Henley stated he feels that a committee handbook should be developed so that
the new appointees will know what to do.
Commissioner Dallari stated he
feels a committee handbook is a great idea.
He recommended putting that on the County’s website for interested
volunteers to see what the duties and responsibilities are.
Chairman
Carey stated she would like Mr. Forte to move forward on the orientation and
getting the information on the website.
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Chairman
Carey stated Leisure Services has requested a workshop and she has asked Mr.
Bob Goff to provide her with some topics for discussion. She asked for Board consensus to schedule
same. The Board voiced no objections.
Commissioner
Van Der Weide stated he would like to see that happen at least by July, 2011.
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Chairman
Carey stated Commissioner Henley forwarded an e-mail to her regarding a hunting
lease at Yankee Lake. They referenced a
hunting lease at the landfill and it expires in 2012. She stated she doesn’t think this is
something that is in the best interest for the County.
Commissioner
Henley stated he has received two letters regarding to the boars’ nest lease
implications. There is a lot of
misinformation on the website on this issue.
Chairman
Carey stated she will work with Mr. McMillan’s office to come up with a
response.
Commissioner
Van Der Weide stated he was in office when the landfill lease was signed. There was an overpopulation of hogs at the
landfill at that time and, when they turned it over to the hunting group, that
overpopulation dwindled down.
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Chairman
Carey reminded the Board of the Seminole County Legislative Delegation meeting
scheduled on December 15, 2010 at 6:00 p.m.
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Chairman
Carey stated the County offices will be closed on Friday, December 24, for
Christmas and Friday, December 31, for New Year’s Day and to wished everyone a
Merry Christmas and a healthy and Happy New Year. She provided each Board member a token of
appreciation.
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Chairman
Carey stated Commissioner Van Der Weide has a birthday on December 22, 2010 and
she wished him a Happy Birthday.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter dated October 29, 2010, from The Seminole
County Board of County Commissioners to Mr. Ray Valdes, Seminole County Tax
Collector, re: Congratulations on success of new Lake Mary branch office.
2.
Letter dated November 3, 2010, from Barbara
Lipscomb, City Manager, City of Casselberry, to Joe Forte, Acting County
Manager, re: City of Casselberry Community Redevelopment Agency.
3.
Letter dated November 4, 2010, from Chairman Bob
Dallari to Harry Barley, MetroPlan Orlando, re: Transportation Technical
Committee Representatives and Alternates.
4.
Letter dated November 9, 2010, from Chairman Bob
Dallari to Chairman Welton Cadwell, Lake County; Mayor Richard Crotty, Orange
County; Chairman Frank Bruno, Volusia County; Chairman Mary Bolin, Brevard
County; and Chairman Fred Hawkins, Jr., Osceola County, re: Procurement
Preference Programs.
5.
Letter dated November 10, 2010, from the Seminole County
Board of County Commissioners to Jerry Pierce, Central Florida Veterans
Memorial, re: support for the Veteran’s Park at Lake Nona.
6.
Letter dated November 11, 2010, from Diane Pickett
Culpepper, Bright House Networks, to Chairman Dallari re: New HD and digital
channels.
7.
Letter dated November 16, 2010, from Warren Geltch,
Assistant County Administrator, Orange County, to Chairman Dallari re:
Procurement Preference Program.
8.
Letter (with enclosure) dated November 19, 2010 from
Rose Lyons, Special Assistant to Brevard County Commissioner Mary Bolin, to
Chairman Bob Dallari re: Procurement Preference Program.
9.
Letter dated November 22, 2010, from Diane Pickett
Culpepper, Bright House Networks, to Chairman Dallari re: upcoming programming
changes for Bright House Networks customers.
10.
Memorandum dated November 24, 2010, from Nicole
Guillet, Growth Management Director, to Chairman Dallari re: Noise Ordinance.
11.
Letter dated July 26, 2010, from George Grandy, Jr.,
Atlanta Regional Director, United States Department of Commerce, to Chairman
Dallari re: appreciation for support received during the U.S. Census Bureau’s
2010 census.
12.
Letter dated November 30, 2010, from Terry C. Knox,
Boys Town Central Florida, to the Seminole County Board of County Commissioners
re: appreciation for $500.00 gift resulting from the Tuskawilla voting
precinct.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Van Der Weide stated his district is running very smoothly. He stated he is hoping that The Springs issue
will be settled by the end of January, 2011.
He added Wekiva Island is also coming along very nicely.
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Chairman
Carey stated she served on the MPO as a Board representative and she nominated
Commissioner Dallari as Chairman of that group last week and he was unanimously
elected for same.
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Commissioner
Van Der Weide left the meeting at this time.
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Chairman
Carey stated she will be stepping down as the MPO representative and she has
appointed Commissioner Henley to serve on that board. She has appointed Commissioner Horan to the
MPO Transportation Disadvantage Board.
She stated she would like to commend Brett Blackadar for his work as
Chairman of the MetroPlan Orlando Transportation Technical Committee. She said he will continue to serve on the
Technical Committee but will not be the chairman. She added their legislative priorities were
approved at that meeting and those have been incorporated into the list. The following two projects have been moved
up: Seminole County Phase II ATMS
(Advanced Traffic Management System) - $14 million, and the 4-laning of SR 46
from SR 415 to the Volusia County line - $6 million. The other project that was moved up to fund
in the upcoming year is the intersection at SR 46 and I-4.
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Commissioner
Carey recommended appointing/reappointing the following to various Boards and
Committees:
Reappoint Imogene Yarborough and Bob Braun
to the Agriculture Advisory Committee for a 2-year term ending January 2013
Reappoint Gayle Hair to the Animal Control
Board for a 1-year term ending January 2012
Appoint Gladys Greene to the Code
Enforcement Board for a 3-year term ending January 2014; adopt appropriate
Resolution #2010-R-265, as shown on page _______, commending Grace Chewning for
her services on the Code Enforcement Board
Reappoint Russ Hauck to the Code
Enforcement Board for a 3-year term ending January 2014
Reappoint Steve Young to the Contractor
Examiner’s Board as the Well Contractor for a 1-year term ending January 2012
Reappoint John Bistline, Beverly Mason and
Jon Batman to the Historical Commission for a 2-year term ending January 2013
Reappoint Mike Williams to the Leisure
Services Advisory Committee for a 3-year term ending January 2014
Appoint Grace Chewning to the Library
Advisory Board for a 2-year term ending January 2013
Reappoint Alan Trauger to the Seminole
County Industrial Development Authority for a 4-year term ending January 2015;
and
Reappoint Kyle Kilger to the Seminole
County Port Authority for a 4-year term ending January 2015.
Motion by Commissioner Dallari,
seconded by Commissioner Henley to approve the appointments/reappointments as
recommended by Commissioner Carey.
Districts
1, 2, 4 and 5 voted AYE.
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Motion by Commissioner Henley,
seconded by Commissioner Dallari to appoint/reappoint the following to various
Boards and Committees:
Reappoint John Lommerse to the Agriculture
Advisory Committee for a 2-year term ending January 1, 2013
Reappoint David Evans to the Agriculture
Advisory Committee for a 2-year term ending January 1, 2013
Reappoint Kathleen Prince to the Animal
Control Board for a 1-year term ending January 1, 2012
Reappoint Bill Miller to the Contractor
Examiner’s Board for a 1-year term ending January 1, 2012
Reappoint Barbara Whittier to the Leisure
Services Advisory Committee for a 3-year term ending January 1, 2104
Reappoint George Distler to the Library
Advisory Committee for a 2-year term ending January 1, 2013
Appoint Imogene Yarborough to the
Historical Commission for a 2-year term ending January 1, 2013
Appoint Ed Schuckman to the Seminole County
Industrial Development Authority for a 4-year term ending January 1, 2015
Adopt appropriate Resolution #2010-R-266,
as shown on page ________, commending Lillian Griffin for her services on the
Historical Commission
Adopt appropriate Resolution #2010-R-267,
as shown on page ________, commending Mack McReynolds for his services on the
Seminole County Industrial Development Authority; and
Adopt appropriate Resolution #2010-R-268,
as shown on page ________, commending David Volper; Resolution 2010-R-269, as
shown on page ________, commending Sara Brothers, for their services on the
Disability Advisory Board.
Districts 1, 2, 4 and
5 voted AYE.
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Commissioner
Henley stated the Board previously discussed the issue of the restrooms and
concession stands being torn down at Soldier’s Creek Park. He stated since the County has a number of
projects that have surplus funds, he would like to ask the County Manager to
look into this to see if they may be able to correct the situation relating to
the restrooms and concession stand facilities.
Commissioner
Dallari stated he has no issue asking the County Manager to do that and bring
it back for final direction.
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Motion by Commissioner Dallari,
seconded by Commissioner Henley to appoint/reappoint the following to various
Boards and Committees:
Adopt appropriate Resolution #2010-R-270,
as shown on page ________, commending Reggie Brown for his services on the
Agricultural Advisory Committee
Adopt appropriate Resolution #2010-R-271,
as shown on page ________, commending Tom Boyko for his services on the
Disability Advisory Board
Adopt appropriate Resolution #2010-R-272,
as shown on page ________, commending Valerie Barber-Simpson for her services
on the Disability Advisory Board
Reappoint Gail Nagan to the Animal Control
Board for a 1-year term ending January 1, 2012
Reappoint Tom Minter to the Agricultural
Advisory Committee for a 2-year term ending January 1, 2013
Reappoint Tom Boyko to the Leisure Services
Advisory Committee for a 3-year term ending January 1, 2014
Reappoint Regina Bereswill to the Library
Advisory Board for a 2-year term ending January 1, 2013
Reappoint Johnnie L’Heureux (LaRue) to the
Historical Commission for a 2-year term ending January 1, 2013
Reappoint Johnnie Richardson to the
Historical Commission for a 2-year term ending January 1, 2013
Appoint Doug Register to the Agricultural
Advisory Committee for a 2-year term ending January 1, 2013
Appoint David Putz (Plumbing Contractor) to
the Contractor Examiner’s Board for a 1-year term ending January 1, 2012; and
appoint Charles Lippoldt (Pool Contractor) to the Contractor Examiner’s Board
for a 1-year term ending January 1, 2012.
Districts 1, 2, 4 and
5 voted AYE.
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Commissioner
Dallari commended staff for receiving the Community Service Award on October 12
from the Southeast Institute of Homeless and Support Housing by the 2010
Developers of the Year. He asked Mr.
Forte to let staff know that the Board is extremely proud of them for receiving
this type of award. He also commended
Mr. Matt Phillips for working with the residents and the St. Johns River Water
Management District with regard to the road paving project on Goldenrod Drive.
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Commissioner
Dallari stated he would like to work with the County Attorney with regard to
the city of Casselberry’s aggressive annexation policies regarding residential
water hookups, and bring back a letter to the Board pertaining to same. No
objections were voiced.
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Commissioner
Dallari stated he had a conversation with Mr. Rich Maladecki, President of the
Central Florida Hotel and Lodging Association, with regard to bringing a
nationally-known consultant in to try to bring more tourism into the County. Mr. Maladecki indicated that he is willing to
pay for the consultant and he would like Chairman Carey to discuss that with
them.
Chairman
Carey stated she will speak with Mr. Maladecki.
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Commissioner
Dallari stated he has been getting some complaints from residents with regard
to not being able to speak publicly during the Animal Control Board
meeting.
Mr. Forte
stated he has addressed that issue with the Animal Control Board members and,
to his knowledge, there is no problem with the public speaking at those
meetings. The Chairman of that Board can
extend the public speaking from 30 minutes to one hour or whatever is felt
necessary, but to his knowledge, no one has been unable to speak.
Chairman
Carey stated she feels that issue and many others need to be at the top of
their orientation list.
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Commissioner
Dallari wished everyone a Merry Christmas and Happy Holidays. He also thanked staff for their work and
efforts.
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Motion by Commissioner Horan,
seconded by Commissioner Dallari to appoint/reappoint the following to various
Boards and Committees:
Reappoint Jim Hunter to the Agricultural
Advisory Board for a 2-year term ending January 2013
Appoint Clay Archy to the Agricultural
Advisory Board for a 2-year term ending January 2013
Adopt appropriate Resolution #2010-R-273,
as shown on page _________, commending Jack Vaughn for his services on the
Agricultural Advisory Board
Reappoint Marilyn Wittmer to the Animal
Control Board for a 1-year term ending January 2012
Reappoint Nancy Irish and Bob Herring to
the Contractor Examiner’s Board for a 1-year term ending 2012
Adopt appropriate Resolution #2010-R-274,
commending Rose Davis; and appropriate Resolution #2010-R-275, as shown on page
_______, commending Lynetta White, for their services on the Disability
Advisory Board
Appoint James Robison to the Historical
Commission to fulfill the remaining unexpired term ending January 2012; Adopt
appropriate Resolution #2010-R-276, as shown on page ________, commending Jan
Jernigan for her services on the Historical Commission
Reappoint Etta Jane Keogh and Robert Hughes
to the Historical Commission for a 2-year term ending January 2013
Reappoint Tim Donihi to the Leisure
Services Advisory Committee for a 3-year term ending January 2014
Reappoint Ross Pagano to the Seminole
County Industrial Development Authority (SCIDA) for a 4-year term ending
January 2015; and
Appoint Taylor Pancake to the Seminole
County Port Authority (SCOPA) to fulfill the remaining unexpired term ending
January 2014.
Districts 1, 2, 3, 4
and 5 voted AYE.
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Commissioner
Carey stated since the Disability Advisory Board will sunset at the end of this
year, she would like Resolutions of Appreciation be adopted recognizing the
members of that board.
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Commissioner
Horan stated he had a meeting with the representatives of the University of
Central Florida and the incoming Mayor Charles Lacey, city of Winter Springs,
to discuss the SEMATECH project. He
stated he is looking forward to a favorable decision from the Dept. of Energy
as well as the economic development initiative.
The University of Florida was very helpful in providing information with
regard to that issue.
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Commissioner
Horan stated he would like to commend his fellow Commissioners, Aides and staff
for helping him out for the last three weeks.
He said he had surgery on November 19 and he has been laid up for about
three weeks and he has been under medical care from three excellent doctors,
Drs. Andrew Bronstein, Matthew Claymon and Barry Cast. He added he would like to thank everyone for
stepping in and helping him out.
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Commissioner
Horan wished everyone a Merry Christmas and Happy Holidays.
COUNTY
MANAGER’S REPORT
Mr. Forte submitted an e-mail (received and
filed) from the County Finance Director requesting the Board to correct action
taken on the BAR’s #11-08, #11-16 and
#11-19 (Items #34, #36 and #37) this morning. He stated
these are clerical changes (account number errors) that need to be
corrected.
Motion
by Commissioner Henley, seconded by Commissioner Horan to approve the corrected
BAR’s #11-08 in the amount of $10,445, #11-16 in the amount of $4,400,000 and
#11-19 in the amount of $100,593,650, as presented by the County Manager.
Districts 1, 2, 4 and 5 voted
AYE.
COUNTY
ATTORNEY’S REPORT
Mr. McMillan requested clarification
to the Board regarding the administrative proceeding related to the
Integra/Lake Forrest PUD Amendment and Rezone.
They are entering mediation this week and a special magistrate hearing
will be held in January, 2011 if necessary.
There is a debate as to whether or not they should bring this issue back
to the Board as a public hearing. He
stated he assumes that if or when this comes back to the Board, they will give
the public an opportunity to comment on it.
He said he would like some direction from the Board so he can inform at
mediation of their intention.
Upon inquiry by Commissioner
Carey, Mr. McMillan advised the Board made a decision to close the public
hearing during the last meeting. It will
come back as a revised plan. He stated
the Statute isn’t clear as to what the process is when it comes back to the
Board. He said he is asking the Board
what process they want to take.
Commissioner Horan explained
how the alternative dispute resolution process provides for public bodies,
developers and the public instead of going to court. He stated he feels that the Board already had
a public hearing and when a resolution or recommendation comes back, they are
not required to have a public hearing on that.
They can treat it as a settlement that would require a shade
session. Discussion ensued.
Mr. McMillan agreed with
Commissioner Horan that if the Board makes a decision to allow a public
hearing, they will take away particular grounds for appeal. He stated if there is an appeal by whoever
loses at that hearing, theoretically, if the property owner is denied again,
the entire 70.51 proceeding becomes irrelevant.
If the people who prevailed in September lose at the second hearing,
they cannot appeal on the prior Record that they won and there wasn’t a public
hearing to overturn it. Mr. McMillan
feels that the Board is safer to open that up for public comment and either
approve or deny it. Further discussion
ensued.
Upon inquiry by Chairman Carey,
Mr. McMillan advised if the applicant is willing to drop the rest of the
process and have the Board vote on it, then staff is willing to bring the final
proposal before the Board at the second hearing then it is over.
Motion by
Commissioner Dallari, seconded by Commissioner Horan to authorize the
County Attorney to advertise a public hearing in January for the Integra/Lake
Forrest PUD Amendment and Rezone, contingent upon the County Attorney reaching
an agreement by this week.
Districts 1, 2, and 5 voted
AYE.
Commissioner Henley voted NAY.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:30 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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