BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DECEMBER 8, 2009
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 8, 2009,
in the SEMINOLE COUNTY SERVICES BUILDING
at SANFORD, FLORIDA, the usual place
of meeting of said Board.
Present:
Chairman
Bob Dallari (District 1)
Vice
Chairman Brenda Carey (District 5)
Commissioner
Mike McLean (District 2)
Commissioner
Dick Van Der Weide (District 3)
Commissioner
Carlton Henley (District 4)
Clerk
of Circuit Court Maryanne Morse (late)
Acting
County Manager Joe Forte
County
Attorney Robert McMillan
Deputy
Clerk Eva Roach
Chaplain Charles Pitroff, Good News Jail & Prison Ministry,
gave the Invocation.
Commissioner Van Der Weide led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to
adopt appropriate Resolution #2009-R-236, as shown on page ________, opposing
the legalization of any and all Schedule 1 drugs; and opposing any such drug
legalization which may be proffered now or in the future.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Calvina Fay, Executive
Director, Save Our Society from Drugs, who addressed the Board to express her
appreciation for the Board’s efforts in opposing legalization of drugs for
medical use.
-------
Maryanne Morse, Clerk of Circuit Court, entered the meeting at this
time.
Sabrina O’Bryan, Assistant County Manager, addressed the Board
to give a quick overview of the Employee Academy. She played a short video of the Employee
Academy and presented the following graduating members with certificates: Linda Boebinger; Shelly Brubaker; Ricky
Johnson; Devlin Moore; Sharon Peters; John Reichardt; Jason Seeley; Lynne
Smith; Brian Walker; and Chris Wojton.
Chairman Dallari announced that Meloney Lung, Support Services,
will be graduating from UCF with her Masters Degree in Public
Administration. He congratulated her for
her achievements.
Robert McMillan, County Attorney, left the meeting at this time.
-------
Karen van Caulil, Chairman, Committee on Aging, addressed the
Board to give an update on the Committee on Aging’s annual report. She displayed a PowerPoint Presentation (not
received and filed) showing the appointees from the BCC to the committee. She introduced the members in attendance and
she stated the Committee is awaiting a new appointment from the Sheriff’s
Office. She stated this is a terrific
committee that has a broad range of expertise and high level of commitments. She reviewed the background of the Committee
relating to Community for a Lifetime. She
continued her presentation by reviewing the Focus of the Committee and some of
the accomplishments they have done so far.
Mr. McMillan reentered the meeting at this time.
Ms. Van Caulil reviewed some of the accomplishments and activities
underway relating to aging sensitivity; elder housing; countywide needs
assessment survey; and transportation initiatives for seniors. She concluded by displaying and reviewing the
Committee on Aging link on the County’s website.
-------
Chairman Dallari recessed the meeting at 9:58 a.m., reconvening
it at 10:00 a.m.
PUBLIC PARTICIPATION
Debra Schafer, 1740 Brumley Road, addressed the Board to state
she is speaking on behalf of the Chuluota Community Association with regard to
Item #76, Rybolt Park Mixed Use Community.
She stated the vision of this area has always been to remain rural and no
one in this area has suggested high intensity development. This project is a bridge to cross the Econ
River and no one has suggested crossing the Econ again. She said she attended all the “How Shall We
Grow” meetings and the vision is the important issue here. At some point and time everyone has to draw a
line in the sand on growth because of water, roadways, green space and staying
on top with that vision. The community
continues to support staff to support other staffs to stay on track as they do
not need to cross the Econ River. She
said she is not asking the Board to tell another County what to do with their
project, but she is asking that they support a vision for an area that abuts a
very sensitive rural boundary that is always being pushed.
Mitchel Krause, 137 Academy Oaks Place, addressed the Board to
state he owns a business at 1220 Douglas Avenue and he is opposed to renaming
Douglas Avenue and the unaligned right-of-way to Commerce Park Drive (Item
#51). He stated South Seminole Trail
crosses through a portion of Douglas Avenue and the name of Commerce Park Drive
does not fit the north or south portion of Douglas Ave. This isn’t a commerce park and it will be
confusing to everyone. He asked the
Board to authorize staff to go back and review this further.
COUNTY MANAGER’S CONSENT AGENDA
Joe Forte, Acting County Manager, addressed the Board to advise FDLE
information was removed from Item #10, Award CC-5048-08, and was placed under
Item #70, Edward Byrne Memorial JAG. Also,
a tabulation sheet was added to Item #10.
He stated Item #30, Approve Florida Division of Emergency Management
Subgrant Agreement, was going to be pulled, but will stay on the agenda as is. Page 29.10-3 was replaced on Item #44,
Approve 2009 Revised Library Services Meeting Room Policy in the Administrative
Code. The replacement page indicates
that the current fees are refundable up to 48 hours prior to the cancellation
date that it is being reserved for. Replacement
page for Item #52, Memorandum of Understanding for a Learning Partnership with
Columbia Southern University, was submitted.
He stated the contract refers to a partnership with Seminole County
Government and it should read Columbia Southern University and Seminole County
Employees. He referred to Item #71,
Group Medical Benefits and FSA Administration, and stated there are changes to
Exhibit B on the group insurance. The
first change relates to the method of funding transfer. He added the second change refers to the
method of payment being made within 10 days, and if it is not received within
ten calendar days after the payment due date, the payment would be considered
past due and subject to late payment charges.
That language came from an e-mail exchange from staff and the representatives
of BCBS and it is just for clarification.
Mr. McMillan explained that this provides a 10-day grace period
and it is due within 10 days; but if a payment is not received within that
period of time, then the interest payments will start. They will have a 20-day window to make a
payment, but it is technically still due on the 10th day.
Mr. Forte stated Item #72, On-Site/Near Site Medical Clinic, is
being pulled. He stated additional
information (received and filed) was provided for Item #73, County Property and
Casualty Insurance Program.
Commissioner Henley stated with regard to Item #5, Approve
Amendment #1 to M-4875-09, CH2M Hill, he is not sure the County shouldn’t pay additional
attention to Work Order 20. He stated he
doesn’t believe they have done what needs to be done. He added he would like to instruct staff to
develop a scope of service and enter into negotiations with Mr. R.W. Block to
continue with some work on that with a maximum amount of $25,000 for fees.
Chairman Dallari stated he was going to ask under his District
Report that the Block report be brought up at the next meeting so they can
actually accept it.
Commissioner Henley stated he would like to go ahead with this
and then agenda the report.
Commissioner Carey asked Commissioner Henley if he wants to look
at Work Order #20. She said she believes
that’s a great idea.
Commissioner Henley stated he believes the Board needs to have
some discussion on that report.
Chairman Dallari stated the only concern he has with hiring Mr.
Block is you don’t hire your auditor to be your accountant. If the County needs a consultant, they should
put it out to bid to implement it. He
said his concern is having the auditor be involved in setting up the protocol
and procedures of moving forward.
Commissioner Henley stated he appreciates what Chairman Dallari
is saying, but Mr. Block has been familiar with this since the County has
already engaged him in that particular item.
Upon inquiry by Chairman Dallari, Commissioner Henley advised he
would like a scope of service to be developed; and in the meantime, he doesn’t
see hiring someone else to begin with something new when Mr. Block has already
done it and is familiar with it.
Commissioner McLean stated if they are going to look at the
scope of service, it may make sense to agree with it publicly.
Commissioner Van Der Weide stated he has confidence in staff
that they will stay on track. He stated
he would hate to think that they would get this bogged down to where they
cannot get the job done.
Mr. Forte stated he believes staff already has developed a scope
of service for Work Order #20, but they don’t have a scope developed for the
procedures and they can bring that back this afternoon.
Maryanne Morse, Clerk of Circuit Court, addressed the Board to
state she would be careful if they are the ones to establish the policies and
procedures, and then they have an opportunity to come back and audit against those
policies and procedures. She said she
thinks the scope of service is imperative and important before they move
forward on it to make sure there is no confusion as to who is actually going to
develop the policies and procedures, and they are different from those that are
going to be audited in the future.
Commissioner Carey stated she believes the policy and procedures
were in place for Item #20 when this process started.
Mr. Forte stated they are lacking in policy and procedures for
execution of that contract and the audit showed that they need to develop firm
policies and procedures for executing a contract.
Chairman Dallari stated staff will be bringing this back this
afternoon.
Alison Stettner, Acting Planning & Development Director,
addressed the Board to explain for Commissioner Henley what the intent is for a
mobility options fee for Item #8, Approve Work Order #8 to RFP-3261-08.
Commissioner Carey stated if the Legislature passed the mobility
fee it takes the County’s funding to the State level and that would have
tremendous impact on the transportation funds.
She stated she doesn’t think they need a consultant to do a study about it,
but they need to discuss this with the lobbyist to make sure it isn’t going to
take funds that Seminole County has levied and turn them into some mobility fee
that will go to the State. She further
stated she feels they should discuss this with their lobbyist.
Commissioner Henley stated he doesn’t think they should pull the
whole issue, but write that part out of there to save time, effort and money.
Ms. Stettner stated there are two things going on. She stated when they look at a new approach
for transportation, they will have to look at the financial impacts of all the
transportation improvements. They will
also need to look at the transportation roadway side and the bikeway side as
well as looking at a new way of calculating impact fees based on a total
mobility plan. Staff needs to get ahead
of the mobility plan so that they can say, as a region; they already have a
plan in place. Discussion ensued.
Chairman Dallari stated he believes the Board is saying that
part of the work order should be stricken.
Ms. Stettner explained for Commissioner Carey how much of the
scope of work is part of the mobility plan.
Upon inquiry by Commissioner Henley, Jerry McCollum, County
Engineer, addressed the Board to review the key things that came out of SB 360.
Commissioner Henley stated the mobility plan and mobility fees are
different issues.
Mr. McCollum stated his concern is the plan.
Chairman Dallari requested that this item be continued to this
afternoon for further discussion. The
Board had no objections.
Commissioner Henley referred to Item #11, Award RFP-600705-09,
and stated the scope of service talks about documenting the fiber optic network
and he would like to know if staff doesn’t know where it is.
Mr. Forte stated what it does is identify which fiber lines are
dead and which are live and puts it all into the data base.
Charlie Wetzel, Traffic Engineering, addressed the Board to
state staff has a general idea where all the fiber lines are, but the problem
they have is there are several cables that have 72 strands on them and they
don’t specifically know who has what fiber.
This project is to find all the cables and all the users, what everyone
is using and what is the better fee to charge.
Mr. Wetzel explained for Commissioner Carey why they need three
contracts for it if it has to be completed by 9/2010.
Mr. McMillan clarified for Commissioner McLean where they came
up with the $350,000. Discussion ensued.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean
to pull Item #11, request to Award RFP-600705-09, Fiber Optic Network
Documentation Project, to Metric Engineering, Inc. (Not-to-exceed $350,000),
for further review.
Districts 1, 2, 3, 4 and 5 voted AYE.
- - -
Commissioner McLean stated twelve firms
submitted proposals for Item #7, Approve ranking list and authorize staff to
negotiate rates for PS-4660-09, and he would like to discuss the process of how
they look at evaluating a local firm as opposed to an out-of-town firm.
Motion by Commissioner McLean, seconded by Commissioner Henley to
negotiate rates with PBS&J for PS-4650-09 instead of negotiating with the
top firm (PB Americas).
Under discussion, Commissioner Van Der
Weide stated the Board has discussed this issue many times, and his fear is
when they get away from the normal process, they will have surrounding areas
retaliating when the BCC shows favoritism with firms in Seminole County.
Commissioner McLean stated he doesn’t think
that is the case here. He stated he
feels they can make a good case for showing that the evaluating process shows
these firms to be almost equal from a scoring standpoint.
Mr. McMillan stated the Board can re-rank the
firms if they would like to, but he would hesitate to make it appear that the
selection was made solely on the basis of a firm’s location under the criteria.
Commissioner Carey stated she will not be
supporting the motion as three members of staff have ranked this firm as number
one and two have ranked it as number two.
She stated she believes PB Americas has an office in central
Florida. It is difficult for a company to
have a business in one county when they are doing business in central Florida.
Commissioner Henley stated this Board, on
numerous occasions, has asked the submitters be unranked and this Board has re-ranked
them.
Mr. McCollum informed Commissioner Henley
that PS Americas is doing CEI work for the County now. He stated they are short-listed and they
wouldn’t be on the list if they couldn’t do the work.
Commissioner Carey stated in most cases
when they come unranked, it is because of the scope and size of the project. She stated she feels the criteria needs to be
changed but it should not be done now.
Commissioner McLean stated they have had
situations in the past where they changed the rankings because of circumstances
the Board thought were important.
Commissioner Henley stated he doesn’t want
staff to get the mistaken impression that whatever they recommend, that the BCC
is bound by.
Mr. McCollum stated staff makes it very
clear to all of the consultants that make presentations that the BCC makes the
final decision. He stated staff takes
the locations into account as well as the technical merit.
Mr. McMillan stated additional criteria
cannot be added after the RFP has been received. The proposal has to be evaluated against the established
criteria. Even if the staff ranks them
as first, second and third does not mean the Board cannot look at the criteria
but they can only re-rank them on the evaluation of the criteria.
Ray Hooper, Purchasing Manager, stated all
the professional services go through two processes. The proposals are evaluated, ranked and then
short-listed. Presentations are done and
they are ranked again.
Districts 2 and 4 voted AYE.
Commissioners Dallari, Van Der Weide and
Carey voted NAY, whereupon, the motion
failed for lack of a majority vote.
-------
Upon inquiry by Commissioner Carey, Kathy
Furey-Tran, Assistant County Attorney, addressed the Board to explain what the
difference is relating to Item #47, Approve Partial Release of Code Enforcement
lien, and other liens.
Mr. McMillan stated he believes the County
is only releasing that portion of the lien that accrued and was payable for the
period of time of the new owner. Any
property the violator continues to own, they would have a lien on it. He stated a lien to a Code Enforcement Board
is like a court judgment and it applies to all property owned by the violator,
and it isn’t limited to the parcel on which the violation occurred.
Commissioner Henley stated he would like to
know who was responsible between December 23, 2008 and August 5, 2009.
Jane Spencer, Clerk to Code Enforcement
Board, addressed the Board to state on this particular property there is a Lis
Pendens and then a code case. It does
not stop at the quit claim, but at the certificate of title. The final judgment extinguishes the lien at
the judicial sale. Since the property
was in compliance on August 12, 2009, there was no more money due.
Commissioner Carey stated if the Bank of
New York got their final judgment recorded in November 2007, it sounds like it
should be the responsibility of the bank and not the other group. Discussion ensued.
Mr. McMillan stated staff is hoping to
bring back at the January meeting a proposed ordinance for making the banks
responsible for the maintenance of the property.
Commissioner Henley stated it concerns him
that it is taking so long to get a cure for this.
Commissioner Carey stated her concern is, theoretically,
if the bank forecloses on the property, the people that own the house are
probably not in the house.
Mr. McMillan recommended continuing this
item.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide
to continue request to approve
Partial Release of Code Enforcement lien in the amount of $89,000, Case
#08-145-CEB on the property located at 2013 Vanderbilt Point, Longwood,
Consulting Group, LLC, Trustee (previous owner) and Bank of New York (current
owner).
Under discussion, Chairman Dallari stated
staff can bring this back this afternoon if they can.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner Carey stated she would like
Item #51, Approve Resolution to rename Douglas Avenue and unnamed right-of-way
to Commerce Park Drive, pulled for a separate discussion. The Board had no objections.
-------
Commissioner Carey referred to Item #52,
approve Memorandum of Understanding for a Learning Partnership with Columbia
Southern University, and stated she has concerns about placing the County’s
logo on the university’s website. She stated
she would like to strike that from same.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide
to approve and authorize the Chairman to execute the Memorandum of
Understanding, as shown on page _______, for a Learning Partnership between
Columbia Southern University and the Seminole County Employees, striking the
language regarding using the County’s logo on the university’s website.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Motion by Commissioner Carey, seconded by Commissioner McLean to
authorize and approve the following as amended:
Administrative Services
Purchasing
and Contracts
4. Approve Amendment #1, as shown on page _________, to M-463-04/AJR
with Nationwide Retirement Solutions to increase the term of the agreement to
January 4, 2015 and allow for a reduction in the asset management fee to 0
basis points on February 16, 2010.
6. Approve and authorize the Chairman to execute Amendment #1, as
shown on page ________, to PS-5190-05/DRR with CH2M Hill, of Orlando, Florida,
to add Exhibit "E".
7. Approve ranking list and authorize staff to negotiate rates for
PS-4650-09/VFT – Master Agreement for Construction, Engineering and Inspection
Services for the Pedestrian Tunnel at Lake Mary Blvd. & International
Parkway with PB Americas, Inc., of Tampa, Florida (Estimated Usage Amount of
$550,000.00 over the term of the Agreement).
8. Continuation of request
to approve Work Order #8 for RFP-3261-08/RTB - General Consulting Services for Planning
and Development in the amount of $164,940.00 to HNTB Corporation of Lake Mary,
FL.
9. Award CC-4626-09/DRR, as shown on page ________, Greenwood Reclaim
Plant Rerate Improvements, in the amount of $10,972,000.00 to Wharton-Smith,
Inc. of Lake Monroe, Florida.
10. Award CC-5048-09/VFT, as shown on page ________, Lockhart
Subdivision Potable Water Project, in the amount of $1,124,937.25 to Young’s
Communications Co., Inc. of Melbourne, Florida; approve and authorize the
Chairman to execute the Construction Services Agreement in connection
therewith.
11. Pulled from the agenda
request to Award RFP-600705-09/BJC, Fiber Optic Network Documentation Project,
to Metric Engineering, Inc. (Not-To-Exceed $350,000.00).
12. Award RFP-600754-09/TLR, as shown on page ________, Heating,
Ventilation, Air Conditioning & Refrigeration Repair and Replacement, to
Mechanical Services of Central Florida, Orlando.
13. Authorize Sole Source Procurement and the issuance of Purchase
Order(s) for new technology of LifePak 15 Cardiac Monitor/Defibrillators System
Equipment and related appurtenances including service and warranty to Physio
Control Corporation, Redmond, WA, Division of Medtronic, Inc. based on approved
Department budget.
14. Waive the Procurement Process and award the hosting and licensing
contract, as shown on page ________, for GovMax to Sarasota County as a Single
Source Procurement.
Support
Services
15. Approve and authorize the Chairman to execute the First Amendment,
as shown on page ________, of the Seminole Tenant Health Department and
Community Services Lease.
16. Approve and authorize the Chairman to execute the Amended Contract,
as shown on page ________, for Sale and Purchase of Land and County Deed, as
shown on page ________, conveying surplus property acquired in conjunction with
the County Road 46A, Phase III project (H.E. Thomas Parkway), a 750 square foot
portion of Parcel #03-20-30-503-0000-0380 to Charles and Sherett Salter.
Community Services
Community
Assistance
17. Approve and authorize the Chairman to execute the standard Training
Provider Agreement, as shown on page ________, which allows Seminole County
residents Training Scholarship Vouchers through the CSBG-ARRA funding and
extend signature authority for the training vouchers and individual agreements
to the Community Services Director.
18. Approval of executing a modification of the Mortgage Agreement, as
shown on page ________, for Jessica Gomes.
Economic Development
Operations
19. Approve and authorize Chairman to execute a Pledge Commitment, as
shown on page ________, to the Seminole Community College (SCC) Foundation in
the amount of $150,000.00 for services provided through the Small Business
Development Center and the Seminole Technology Business Incubation Center
located at the Port of Sanford.
20. Approve and authorize the Chairman to execute the Master Agreement,
as shown on page ________, for Services to be provided by the Economic
Development Commission of Mid-Florida for FY 09/10 - FY 12/13; and approve and
authorize the Chairman to execute Agreement, as shown on page _______ authorizing
the Economic Development Commission of Mid-Florida to act as the County’s
Industrial Development Authority for FY 09/10 - FY 12/13.
Environmental Services
Administration
21. Approve refund in the amount of $28,082.21 to Colonial Properties
for excess water fees, sewer fees and utility taxes remitted to Seminole
County.
Business
Office
22. Approve and authorize the Chairman to execute the City of Sanford,
Seminole County and Seminole County School Board Wholesale Water, Wastewater
and Reclaim Water Service Agreement, as shown on page ________.
23. Approve release of the original Letter of Credit (replaced with new
Letter of Credit #BB 9916/AR45) in the amount of $15,532.00 for water and sewer
for the project known as Markham Woods Enclave.
24. Approve release of the original Water and Sewer Cash Maintenance
Bond with Escrow Agreement for the project known as Aloma Jancy in the amount
of $1,623.00.
25. Approve release of the original Letter of Credit #31 99131/AR45
(replaced with new Letter of Credit #BB 10030/AR45) in the amount of $56,269.35
for water and sewer for the project known as I-4 Industrial Park 5th and 6th
sections.
26. Approve release of the original Water and Sewer Maintenance Bond
#104687455 & PRF 08853366 for the project known as Trinity Retail Center in
the amount of $14,440.00.
Solid
Waste Management
27. Approve and authorize the Chairman to execute a Certificate of
Public Convenience and Necessity, as shown on page ________, for the following
companies: Coniglio Construction, Inc.; EQ Florida, Inc.; Orlando Waste Paper
Company, Inc.; PCM Construction Services, LLC; and SP Recycling Corp.
Fiscal Services
Administration
28. Approve and authorize the Chairman to execute a Purchase Order, as
shown on page ________, in acceptance of the terms and conditions for the
Hazards Analysis Grant in the amount of $5,775.00 as awarded by the Florida
Division of Emergency Management.
29. Approve and authorize the Chairman to execute two Certificates of
Acceptance of Subgrant Agreements, as shown on page _______, in acceptance of
$239,756.00 in grant funding to the Sheriff's Office from the Florida
Department of Law Enforcement through their Edward Byrne Memorial Justice
Assistance Program.
30. Approve and authorize the Chairman to execute a Subgrant Agreement,
as shown on page _______, with the Florida Division of Emergency Management in
acceptance of $150,065.00 through their Repetitive Flood Claim Program, as
amended.
31. Approval to resubmit Grant Application to the U.S. Department of
Homeland Security requesting $2,518,433.00 through their Staffing for Adequate
Fire and Emergency Response (SAFER) Grant Program, and authorize the Acting
County Manager to execute any necessary documentation as may be necessary for
the application submission.
32. Approval to submit Grant Application to the Florida Division of
Emergency Management requesting $25,125.00 in grant funds through their
Repetitive Flood Claims Program, and authorize the Acting County Manager to
execute any supportive documents as may be required for the application.
Budget
33. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-237, as shown on page ________, implementing Budget Amendment
Request (BAR) #10-08 in the amount of $148,526,579.00 through various funds in
order to carry forward the remaining project budgets from FY 2008/09 to FY 2009/10.
34. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-238, as shown on page ________, implementing Budget Amendment
Request (BAR) #10-10 through the Public Works Grants and the 2001 Infrastructure
Sales Tax Funds in the amount of $272,239.00 in order to increase funding for
the State Road 46 Gateway Sidewalk project.
35. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-239, as shown on page _________, implementing Budget Amendment
Request (BAR) #10-17 through the Public Safety Grants Fund in the amount of
$150,065.00 to allocate funds from the Federal Emergency Management Agency through
a sub-grant agreement with the Florida Division of Emergency Management’s
Repetitive Flood Claim Program.
36. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-240, as shown on page ________, implementing Budget Amendment
Request (BAR) #10-19 through the General Fund in the amount of $80,138.00 to
carry forward unused grant proceeds.
37. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-241, as shown on page ________, implementing Budget Amendment
Request (BAR) #10-20 through various grant funds in the amount of $1,159,756 to
adjust carry forward funding.
38. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-242, as shown on page ________, implementing Budget Amendment
Request (BAR) #10-21 through the 2001 Infrastructure Sales Tax Fund in the
amount of $550,000 to provide funding for a mitigation agreement and additional
design costs for the SR 434 Six Laning I-4 to Rangeline project.
39. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-243, as shown on page ________, implementing Budget Amendment
Request (BAR) #10-22 through the Transportation Trust in the amount of $14,145.00
to provide reimbursement funding from the County's Property/Liability
Self-Insurance Fund for replacement of stolen items.
40. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-244, as shown on page ________, implementing Budget Amendment
Request (BAR) #10-23 through the Water & Sewer Operating Fund in the amount
of $4,177,400.00 to decrease revenues and reserves.
41. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-245, as shown on page ________, implementing Budget Amendment
Request (BAR) #10-24 through the Public Safety Grant Fund in the amount of
$5,775.00 to allocate funding from the Florida Division of Emergency Management's
Hazards Analysis Grant.
42. Approve and authorize the Chairman to execute appropriate Resolution
#2009-R-246, as shown on page ________, implementing Budget Amendment Request
(BAR) #10-25 through the General Fund in the amount of $16,010.00 to provide
reimbursement funding from the County's Property/Liability Self-Insurance Fund
for replacement/repair of damaged property.
43. Approve and authorize the Chairman to execute Budget Change Request
(BCR) #09-22 through the General Fund in the amount of $4,681.00 to increase
funding for postage.
Library Services
Administration
44. Approve and authorize the Chairman to execute Resolution #2009-R-247,
as shown on page ________, clarifying the 2009 Revised Library Services Meeting
Room Policy for inclusion in the Administrative Code, Section 29.10.
Planning and Development
Development
Review
45. Authorize the release of the Maintenance Agreement for Road
Improvements and Irrevocable Letter of Credit #112 in the amount of $3,089.00
for the Ciara Creek Office Park a/k/a Edwards Young Business Center road
improvements.
Planning
46. Approve the Partial Release of Lien, as shown on page ________, in
the amount of $500.00, Case No. 08-162-CEB, on 2244 Sunnyview Drive, Oviedo,
Tax Parcel #27-21-31-503-0000-0090, previously owned by Mildred and Giselle
Marrero and currently owned by Bank of New York, and authorize the Chairman to
execute the Partial Release of Lien.
48. Approve and authorize the Chairman to execute the Service Funding
Agreement, as shown on page ________, by and between Seminole County, Florida
and LYNX for Fiscal Year 2010.
Public Safety
Administration
49. Approve and authorize the Chairman to execute Resolution #2009-R-248,
as shown on page ________, renaming of Mikler Road to Connection Point.
50. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-249, as shown on page ________, naming the realigned unnamed
right-of-way to Douglas Avenue.
EMS
Fire Rescue
53. Approve and authorize Chairman to execute the Cooperative Loan
Agreement, as shown on page ________, between the Division of Forestry and
Seminole County.
Public Works
Engineering
54. Adopt appropriate Resolution #2009-R-251, as shown on page
________, and authorize the Chairman to execute a Local Agency Program (LAP)
Supplemental Agreement Number 4, as shown on page ________, with the Florida
Department of Transportation relating to reimbursement funding for the design
of State Road 46 Gateway Sidewalks (Rinehart Road to Airport Boulevard), (FDOT
~ FPN: 417484-1-38-01).
55. Adopt appropriate Resolution #2009-R-252, as shown on page
________, and authorize the Chairman to execute a Subordination of County Utility
Interests Agreement, as shown on page ________, with the Florida Department of
Transportation for property identified as FDOT Parcel Number 119.2R and
determined necessary to construct or improve State Road 400 (Interstate 4).
56. Adopt appropriate Resolution #2009-R-253, as shown on page
________, and authorize the Chairman to execute a Joint Participation Agreement
Amendment Number 1, as shown on page _______, to the County Incentive Grant
Program Agreement with the Florida Department of Transportation in conjunction
with the Midway Regional Stormwater Facility Project (FDOT - FPN
407355-6-58-01).
57. Adopt appropriate Resolution #2009-R-254, as shown on page
________, and authorize the Chairman to execute a Local Agency Program (LAP)
Agreement, as shown on page ________, with the State of Florida Department of
Transportation (FDOT) for Reconstruction and Resurfacing of Longwood-Lake Mary
Road from County Road 427 to Lake Mary Boulevard (FDOT - FPN:428091-1-58-01).
58. Adopt appropriate Resolution #2009-R-255, as shown on page
________, authorizing the Chairman to execute a Local Agency Program (LAP)
Agreement, as shown on page ________, with the State of Florida Department of
Transportation (FDOT) for replacement of Orange Boulevard Bridge at Lockhart
Smith Canal (Bridge Number 774003), (FDOT - FPN: xxxxxx-x-58-01).
59. Approve and authorize the Chairman to execute Mitigation Agreement, as shown on page
________, for the purchase of a Conservation Easement from Brio, LLC, owner of
the Brio Mitigation Area to offset wetland impacts associated with the State
Road 426/County Road 419 widening project from Pine Avenue to Avenue B in
Oviedo (FDOT~ FPN: 415030-1-38-01).
60. Approve and authorize the Chairman to execute Purchase Agreement,
as shown on page ________, relating to an Easement for Underground Drainage
Facilities (Andrew R. Halter and Joyce K. Halter) and a Temporary Construction
Easement for the Grace Lake Project, (Woodlands Elementary).
Roads
- Stormwater
61. Approve and authorize Chairman to execute the annual Revenue
Agreement, as shown on page ________, between the University of Florida and
Seminole County for the Seminole County Florida Yards and Neighborhood Program.
62. Approve and authorize the Chairman to execute a Revenue Agreement,
as shown on page ________, between Seminole County and the St. Johns River
Water Management District for the Seminole County Watershed Action Volunteer
(WAV) Program Coordination.
Traffic
Engineering
63. Approve and authorize the Chairman to execute the Markham Place
Homeowners Association, Inc. Decorative Sign Agreement, as shown on page
________, between Seminole County, and Markham Place Homeowners Association,
Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Motion by
Commissioner Carey, seconded by Commissioner McLean to amend the previous motion
to include approval to authorize the Chairman to execute Amendment #1 (Item #5),
as shown on page ________, to M-4875-09/DRR with CH2M Hill, of Orlando,
Florida, to add Fixed Fee compensation in the amount of $595,260.00.
Districts 1, 2, 3, 4 and 5 voted AYE.
-
- -
At the request of Commissioner Carey,
Commissioner Van Der Weide and Tad Stone, Public Safety Director, explained the
reason why the request to rename Douglas Avenue (Item #51) took place and the
process and response they received.
Motion by
Commissioner Van Der Weide, seconded by Commissioner McLean to approve and
authorize the Chairman to execute appropriate Resolution #2009-R-250, as shown
on page ________, renaming Douglas Avenue and Unnamed Right of Way to Commerce
Park Drive.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to authorize and
approve the following:
Property Acquisition
64. Approval of the Purchase Agreement, as shown on page ________,
relating to Parcel Number 134, Gallagher
property, of the road improvement project for Chapman Road, for
$32,000.00, for full settlement of all claims for compensation from which
Seminole County might be obligated to pay relating to this parcel.
65. Approval of the Purchase Agreement, as shown on page ________,
relating to Parcel Number 124, Walker
property, of the road improvement project for Chapman Road, for
$97,000.00, for full settlement of all claims for compensation from which
Seminole County might be obligated to pay relating to this parcel.
CONSTITUTIONAL OFFICERS
Motion by
Commissioner Carey, seconded by Commissioner Henley to authorize and approve
the following:
CLERK’S REPORT
Approval of Expenditure Approval Lists, as shown on
page ________, dated October 26 and November 2, 10 and 16, 2009; Payroll
Approval Lists, as shown on page ________, dated October 29 and November 12,
2009; BCC Minutes dated November 10, 2009; and, noting, for information only,
the following Clerk’s “received and filed”:
1. Work Order #126, as shown on
page ________, to PS-5165-04.
2. Work Order #33, as
shown on page ________, to CC-1741-07.
3. Work Order #3, as shown
on page ________, to RFP-0996-06.
4. Assistant and Associate
Tennis Pro Agreements, as shown on page ________, with Joanna Babyar and Jon
Jonsson.
5. Parks Contracts, as
shown on page ________, for the following:
Katherine Barnard; Kimberly Bonk; Jack Crutchfield; Thomas Flaherty;
Debra L. Flint; Ray Schleichkorn; Rolland K. Shea; Ruby Thomas; Jim Zeisler;
Tammy Childs; David Crosby; Stephanie Desaulniers; Jane Koubek; Michael D.
Luffler; Virginia Toledo; Theodore Toluba; and Carol Wood.
6. Memorandum of
Understanding, as shown on page ________, between the County and the Sanford
Chamber of Commerce, Metro Orlando Economic Development Commission, Sanford
Airport Authority and Orlando Sanford International, Inc., as approved by the
Board on June 9, 2009.
7. Agreement, as shown on
page ________, for Temporary Parking Space Usage, Big Tree Park, with Habitat
for Humanity in Seminole County, per approval on Oct. 13, 2009 of the Haunted
House Special Event Permit.
8. Work Order #65, as
shown on page ________, to RFP-4214-04.
9. Amendment #3, as shown
on page ________, to Work Order #1 for PS-2084-07.
10. Amendment #3, as shown
on page ________, to Work Order #25 for PS-0381-06.
11. Work Order #14, as
shown on page ________, to RFP-4240-05.
12. Copy of memorandum to
the BCC and ACM Joseph Forte from Chief Penny J. Fleming regarding the
Sheriff’s Office FY 2008/09 Budget Closeout.
13. Copies of e-mails
dated Oct. 22, 2009, from Bruce McMenemy to Joseph Forte, Janet Davis, Jason
Scarlata and Fran MacDonald and from Joseph Forte to Bruce McMenemy, Janet
Davis, Jason Scarlata and Fran MacDonald regarding HR Division Manager
Position.
14. Closeout, as shown on
page ________, of CC-2521-07.
15. Work Order #8, as
shown on page ________, to PS-2564-07.
16. Work Order #41, as
shown on page ________, to RFP-0225-05.
17. Amendment #1, as shown
on page ________, to CC-1075-06.
18. Amendments #1, as
shown on page ________, to CC-1075-06 for Central Florida Environmental, JCB
Construction, Southland Construction, and AJC Construction.
19. Second Amendment, as
shown on page ________, to Term Contract IFB-600101-06 with Battery Zone, Inc.
20. Work Order #17, as
shown on page ________, to CC-2190-07.
21. Copy of e-mail from
Bruce McMenemy dated Oct. 23, 2009, to Joseph Forte, Janet Davis, Jason
Scarlata and BCC Aides regarding the HR Division Manager Position (with
attachments).
22. Copy of e-mail dated
Oct. 26, 2009, from Bruce McMenemy to Janet Davis regarding the HR Division
Manager Position (with attachments).
23. Change Order #4, as
shown on page ________, to Work Order #5 for CC-2183-07.
24. Amendment #1, as shown
on page ________, to Work Order #6 for PS-5147-03.
25. Work Order #16, as
shown on page ________, to RFP-4277-09.
26. Copy of e-mails dated
Oct. 26, 2009 from Bruce McMenemy to Joseph Forte, Janet Davis, Jason Scarlata,
Susan Krause, Sandy McCann and Fran MacDonald and from Joseph Forte to Bruce
McMenemy, Janet Davis, Jason Scarlata, Susan Krause, Sandy McCann and Fran
MacDonald re: HR Input Audit with attachments.
27. Change Order #12, as
shown on page ________, to RFP-0613-06.
28. Basic Agreements
#M-5034-09 and #M-5036-09, as shown on page ________, with PBS&J.
29. Proof of publication,
as shown on page ________, for VAB hearings for Exemptions on November 5 and 6,
2009.
30. Amendments #1, as
shown on page ________, to PS-5165-04 with WBQ, Inwood, HDR, Keith &
Schnars, Metric and PEC.
31. Maintenance Bond, as
shown on page ________, in the amount of $76,005 for Harvest Time
International/Kennel Road ROW.
32. Letter of acceptance
of off-site Potable and Reclaim Water and Sewer systems and Bill of Sale, as
shown on page ________, for Lake Mary Westin.
33. Rerecorded Denial
Development Order, as shown on page ________, for Ann Takvorian, Kentucky
Square, to correct date of action to July 28, 2009.
34. Recorded Resolution
#2009-R-162, as shown on page ________, as adopted by the BCC on August 11,
2009.
35. Amendment #1, as shown
on page ________, to Work Order #24 for PS-5175-04.
36. Amendment #1, as shown
on page ________, to Work Order #65 for RFP-4214-04.
37. Change Orders #1, as
shown on page ________, to Work Orders #9 and #13 for CC-2184-07.
38. Recorded Conservation
and Drainage Easement, as shown on page ________, granted by Gulamali Jaffer.
39. Executed LAP Agreements,
as shown on page ________, with FDOT for widening of SR 426/CR 419 in Oviedo
(Supplemental No. 2) and sidewalks along south side of Wilson Road from Emmett
Ave. to International Parkway, as approved by the BCC on Sept. 22 and Aug. 25,
2009.
40. Amendment #1, as shown
on page ________, to Work Order #116 to PS-5165-04.
41. Work Order #12, as
shown on page ________, to CC-2184-07.
42. Maintenance Agreement
and Replacement Letter of Credit, as shown on page ________, for Markham Woods
Enclave in the amount of $15,532.
43. Amendment #1, as shown
on page ________, to Work Order #3 for CC-3321-08.
44. Parks Contracts, as
shown on page ________, for Jody Mask and Carl Greene.
45. Closeout, as shown on
page ________, of Work Order #16 to CC-1284-06.
46. Notice from the Public
Service Commission regarding Docket No. 090007-EI, environmental cost recovery
clause.
47. Performance Bond, as
shown on page ________, in the amount of $219,645.72 for the Sanford Automall.
48. Assignment of
RFP-2574-07, as shown on page ________, from Chief Inspection Services, Inc. to
Topline Construction Services, Inc. d/b/a Chief Inspection Services.
49. Amendment #8, as shown
on page ________, to RFP-4253-05, Hinton Enterprises, Inc.
50. Work Order #34, as
shown on page ________, to CC-1741-07.
51. Amendment #1, as shown
on page ________, to Work Order #94 for PS-5150-03.
52. Amendment #1, as shown
on page ________, to Work Order #3 for RFP-2574-07.
53. Change Order #6, as
shown on page ________, to CC-1184-06.
54. Change Order #2, as
shown on page ________, to Work Order #39 for CC-1075-06.
55. Performance and
Payment Agreements, as shown on page ________, for Water and Sewer in the
amount of $537,330.20 and for Roads in the amount of $1,134,197.90 for the
Rockefeller Group Corporate Center.
56. Work Orders #6 and #7,
as shown on page ________, to RFP-3261-08.
57. Replacement Letter of
Credit #BB 120030/AR45, as shown on page ________, in the amount of $56,269.35
for the I-4 Industrial Park.
58. Acceptance forms, as
shown on page ________, for 2009-2010 One-Year Action Plan, as approved by the
BCC on July 28, 2009.
59. Parks Contracts, as
shown on page ________, for the following:
Camille Brescacin, Alicia Knecht and Annalisa Weiler.
60. Development Orders, as
shown on page ________, for the following:
Linda M. Heller, 2100 Derbyshire Road; Natale & Orsola Carbone, 4121
E. Danby Court; Essam & Rhonda Tanios, 1260 Depugh Street; Matthew &
Lara Cato, 5573 First Street; Thomas S. Knuckey & Maia Spring-Knuckey, 310 Hornbeam
Drive; and Bobby & Lily C. Yip, 1936 Deerview Place.
61. Change Order #3, as
shown on page ________, to Work Order #28 for CC-1075-06.
62. Closeout, as shown on
page ________, of Work Order #5 to CC-2183-07.
63. Change Order #3, as
shown on page ________, to Work Order #6 for CC-2183-07.
64. BOA Development Orders,
as shown on page ________, as follows:
Diana Duffy Trustee; Tara & Steve Stewart; Louella Espinoza; Buryl
O. Jr. & Marie Bradham; Manuel & Nicole Toro; Barbie Beckett & G.W.
Buerger; Thomas & Rebecca Kohm & Norman J. Kohm; Jennifer & Chad
Dunbar; Eduardo Rodriquez; James & Shirley Richardson; William Glenn Roy;
Sandra Brock; John & Pamela Kacerosky; Arthur Rippey & Maria Peterson;
Claire Clegg; Elena Duffy; Russell Mueller; Michael Vanderslice; Barbara June
Moore; Robin Graham; James Janego; Dermott & Dorothy Rogers; Caryn Northan;
Joseph Darin & Randall Thevenet; and Joseph Senecal.
65. Change Order #1, as
shown on page ________, to Work Order #3 to CC-3321-08.
66. Change Order #1, as
shown on page ________, to Work Order #5 to CC-3321-08.
67. Amendment #1, as shown
on page ________, to Work Order #62 to RFP-4214-04.
68. Performance Bond
#070007729, as shown on page ________, in the amount of $25,000 for T-Mobile
Lighthouse Baptist Monocross Cell Tower.
69. Change Order #1, as
shown on page ________, to CC-3445-08.
70. Work Orders #66 and
#67, as shown on page ________, to RFP-4214-04.
71. Seminole Community
College Operational Audit for Fiscal Year ended June 30, 2009.
72. Altamonte Springs
Historical Society Building Miniatures Museum Exhibit Loan Agreement, as shown
on page ________, approved by the BCC on June 23, 2009.
73. Work Order #35, as
shown on page ________, to CC-1741-07.
74. Closeout, as shown on
page ________, for CC-1123-06.
75. Amendment #2, as shown
on page ________, to IFB-600325-08.
76. QuitClaim Deed, as
shown on page ________, for Richard O’Dell for County Road 15.
77. Work Order #56, as
shown on page ________, to PS-1529-06.
78. Work Order #42, as shown
on page ________, to RFP-0225-05.
79. Change Order #7, as
shown on page ________, to CC-2424-07.
80. Work Orders #17 &
#18, as shown on page ________, to RFP-4277-09.
81. Closeout, as shown on
page ________, to Work Order #13 for CC-2184-07.
82. Parks Contract, as
shown on page ________, for Day McClanahan.
83. Letter to Maryanne
Morse, Clerk of Circuit Court, from City Clerk Donna Gardner, City of
Casselberry, re: city of Casselberry
Annexation Ordinance #09-1307.
84. Bids as follows: RFQ-600764-09; RFQ-600765-09; RFP-600754-09;
RFQ-600777-09; and RFQ-600752-09.
SHERIFF’S OFFICE
67. Approval of appropriate Budget Amendment Resolution #2009-R-256, as
shown on page ________, (BAR) #10-26, recognizing $93,254.00 in additional FY
2009/10 SCAAP revenues and correspondingly increasing the Sheriff’s FY 2009/10
operating budget by an equivalent amount.
68. Approval by the Seminole County 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 $1,000 to Seminole Community
College on behalf of one selected student.
69. Approval by the Board of County Commissioners to expend $2,000.00
from the Law Enforcement Trust Fund to provide for a contribution to the Boys
and Girls Clubs of Seminole County.
70. Approval of appropriate Budget Amendment Resolution #2009-R-257, as
shown on page ________, (BAR 10-27), recognizing $239,756.00 in additional FDLE
Edward Byrne Memorial Justice Assistance Grant revenues and correspondingly increasing
the Sheriff's FY 2009/10 budget by an equivalent amount.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Meloney
Lung, Support Services Manager, addressed the Board to present request to
approve negotiated contracts for RFP-600679-09, Group Medical Benefits and FSA
administration, with Blue Cross Blue Shield of Florida and re-insurance to
Symetra for the self-insured option with the Clinic model; and approval of
Budget Amendment Request in the amount of $400,000 to establish the Health
Insurance Fund.
Lisa
Spriggs, Fiscal Services Director, addressed the Board to explain for
Commissioner Henley what fund the budget amendment will come from.
Commissioner
Carey stated when they discussed the insurance they were not going to be fully
insured because they were going to fund a clinic and that has been pulled with
the protest pending. She stated she is
wondering if it makes sense to go forward with the self-insured option at this
time.
Upon
inquiry by Commissioner Henley, Ray Hooper, Purchasing Manager, addressed the
Board to advise some of the merits of the protest were based upon
irregularities of the solicitation package.
One of the biggest portion was the BCC will approve the solicitation
award and staff never brought it to the BCC for approval. It went to Risk Management, but the BCC
stopped direction under the Blue Cross solicitation package.
Upon
further inquiry by Commissioner Henley, Mr. Hooper advised the code indicates
that once a protest is submitted, everything comes to a halt until the protest
is addressed.
Commissioner
Carey stated the Clerk’s office, Sheriff’s Office and Property Appraiser’s
offices have pulled out in the last year and she is concerned about the
self-insurance moving forward without the clinic model in place.
Upon
inquiry by Commissioner McLean, Mr. Hooper advised when they went out with best
and finals, they included all alternatives for fully insured and
self-insured. The agreements can still
be negotiated if options are added or deleted.
Commissioner
Carey stated she would like to know if it makes more sense to go fully insured versus
jumping in self-insured.
Commissioner
McLean stated he would suggest moving forward with the fully insured option
because it gives them certainty of the cost for the employees.
Andrea
Herr, AGIS, addressed the Board to state there were several stipulations with
the fully-insured plan that were not going to be stipulations if they went
self-funded. The Board needs to be aware
that there will be benefit differentials based on what was communicated to the
employees versus what the fully-insured product would bring. One example is the mandatory generic drug
program that was opted out if they went self-funded. If they stay fully-insured that would be a
requirement. The out-of-network
reimbursement for emergency rooms and hospital-based physicians would come into
play. The only benefit differential that
is different from today is the mandatory generic but there were others that
would have come into play because the County went down the path of
self-funding.
Commissioner
McLean stated the difference is looking at the self-insured environment as
opposed to fully-insured.
Andy
Carroll, Blue Cross Blue Shield, addressed the Board to state there will be
additional benefit modifications implemented to the plans effective January 1,
2010. He stated mandatory generic will
be one of the items added for fully-insured groups. There are several items around specialty
medications that the benefits will be changed.
It will change the cost shares to the employees taking it from what is
currently a one-cost share, basically a co-payment. For example, if an employee receives a
specialty injection, they will have to pay two cost shares, the co-payment plus
a percentage of the medication. That
will be changing that the team opted out of being a self-insured customer. All of those would be implemented being
fully-insured. The employees were
notified of the new benefits.
Commissioner
Carey stated if they didn’t go self-insured, it sounds like it would have a negative
impact on the employees. She would like
to remind the Board that they did not have out-of-network issues when they were
with another insurance provider, which was a lower cost option.
Motion by Commissioner McLean,
seconded by Commissioner Henley to approve negotiated contracts for
RFP-600679-09 – Group Medical Benefits and FSA administration with Blue Cross
Blue Shield of Florida, and re-insurance to Symetra for the self-insured option
with the Clinic model.
Under
discussion, Maryanne Morse, Clerk of Circuit Court, stated just for point of
clarification, she questioned if Blue Cross and Blue Shield had signed off on
the 10-day plus an additional 10-day grace period. She stated she wants the BCC to be fully
aware that the additional sentence on both the claim and administrative side
continues to say that BCBS will immediately suspend claims until payment is
received. Even if they have additional
10 days to pay these claims to BCBS, they have the right, from the claims side
and administrative side, to immediately suspend paying new claims until they
receive payment. She added she does not
approve of that.
Mr.
Carroll stated he received notification yesterday there was a concern with a
normal protocol of 10 calendar days to be reimbursed for claims they
front. For example, they will send an
invoice for January’s claims on about February 20 and from that date they would
ask 10 days for payment. BCBS was asked
for an additional 10-day grace period making a total of 20 days. That has been confirmed and they have no
issues with what was changed.
Mr.
McMillan stated his office has drafted a letter showing the additional
language. He stated the Clerk is correct
that BCBS can suspend services if they do not receive payment within 20 days.
Ms.
Morse stated the 10 days is a lead way period, but it is not addressed in the
second and last sentence.
Mr.
McMillan stated the suspension of service only occurs after the grace period
ends.
Upon
inquiry by Ms. Morse, Mr. McMillan advised he will clarify the language to make
it clear.
Upon
inquiry by Commissioner Henley, Mr. Carroll advised two invoices will be
provided on a monthly basis. He stated
there will be an administrative cost to run the plan and the claims cost. They will submit an e-mail to staff to report
the detailed claims.
Ms.
Herr stated that information will be provided in a format that is detailed
enough to allow for audit.
Commissioner
Carey stated she is not going to support the motion as she doesn’t believe this
is the best coverage for the employees at the best cost for the County.
Districts
1, 2, 3, and 4 voted AYE.
Commissioner
Carey voted NAY.
-
- -
Motion by Commissioner McLean,
seconded by Commissioner Van Der Weide to adopt appropriate Budget Amendment
Resolution #2009-R-258, as shown on page ________, in the amount of $400,000 establishing
the Health Insurance Fund.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Van Der Weide left the meeting at this time.
-------
Chairman
Dallari advised that Item #72, On-Site/Near-Site Medical Clinic, request has
been pulled from the agenda.
-------
Meloney
Lung presented request to approve the County’s Property and Casualty Insurance
Program for calendar year 2010, which includes premiums and assessments. Staff is requesting authorization to bind
coverage.
Motion by Commissioner Carey,
seconded by Commissioner McLean to approve the County’s Property and Casualty
Insurance Program for calendar year 2010.
Districts
1, 2, 4 and 5 voted AYE.
-------
Kim
Ornberg, Roads-Stormwater, addressed the Board to present request to adopt a
resolution supporting actions by the Florida Department of Environmental
Protection and the Environmental Regulation Commission to consider reasonable
science-based amendments to the designated uses and classification system of
surface water bodies while protecting the quality of Florida’s waters.
Motion by Commissioner Carey,
seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-259, as
shown on page _________, supporting actions by the Florida Department of
Environmental Protection and the Environmental Regulation Commission to
consider reasonable science-based amendments to the designated uses and
classification system of surface water bodies while protecting the quality of
Florida’s waters.
Districts
1, 2, 4 and 5 voted AYE.
-------
Tina
Williamson, Planning Manager, addressed the Board to present request to deny a
reduction to the Code Enforcement Board lien in the amount of $47,500 for Case
#08-47-CEB on the property located at 220 Archers Point, Longwood, Cindy and
Joseph Webster (previous owners) and Deutsche Bank (current owner). She reviewed the background time line as
outlined in the agenda memorandum. She
stated since the bank received all of the notices of this case and was aware of
the lien, staff recommends denial of the request.
Commissioner
Van Der Weide reentered the meeting at this time.
Commissioner
Carey stated Jennifer Clark, Agent for Deutsche Bank, indicated that they could
not get access to the property until the end of April. She stated this is another example where
banks were not acting very quickly. She
added she feels it was 130 days before the bank even acted on getting proposals
to clean up the property.
Motion by Commissioner Carey,
seconded by Commissioner Van Der Weide to reduce the Code Enforcement Board
lien, which totals $47,500, for 130 days of noncompliance, plus administrative
cost of $1,676.79, for Case #08-47-CEB on the property located at 220 Archers
Point, Longwood, Cindy and Joseph Webster (previous owners) and Deutsche Bank
(current owner), and require this reduced amount be paid within 60 days or the
lien will revert back to its original amount ($47,500), and upon payment authorize
the Chairman to execute the Satisfaction of Lien.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari recessed the meeting at 11:37 a.m., reconvening it at 11:45 a.m., with
Maryanne Morse, Clerk of Court, not reentering the meeting.
COUNTY
MANAGER’S BRIEFING
Tony
Matthews, Planning, addressed the Board to give an update on the proposed
Rybolt Park Mixed Use Community located in Orange County. He stated staff has been monitoring this
project since 2008. He displayed a map
and master plan and reviewed the summary of the project proposal. He displayed a flow chart of the DRI process
and he reviewed same. He stated the
applicant is required to respond to agency, local government, and citizens’
questions about the project and the first round of same has been
conducted. The applicant is currently
reviewing all of the comments and questions from the local governments as part
of the second round process. Those comments
should be back by the first of the year.
The applicant is responding to questions and once they are completed,
they are ready to move forward in the process.
The next step is to have the Planning Council issue recommendations and
then the public hearing process will be presented.
Mr.
Matthews reviewed the public hearing schedule.
Commissioner
Carey stated the thing that concerns Seminole County is how to transition from
a rural area to a more urban setting. If
Orange County decides to make this transition, she would be concerned how they
would buffer and transition between allowing that urban on the east side. There have been questions in the past about
McCulloch Road and the bridge. She
stated the Board needs to put their concerns to Orange County about how they
can transition from this.
Mr.
Matthews informed Chairman Dallari that the best time to speak to Orange County
is after the applicant declares his efficiency and prior to the public hearing
process. He stated staff could draft a
letter to Orange County regarding their concerns.
Chairman
Dallari stated he believes staff needs to do that as there are additional
issues that need to be addressed and those need to be made known.
Commissioner
Carey stated Seminole County doesn’t have the authority to tell Orange County
what to do, but being at the table in communicating their concerns early is
going to be very important. She stated
when they think about the “How Shall We Grow?” process, there are certain areas
they are protecting. She added there are
ways of doing it right and ways of doing it wrong and she wants to see it done
the right way.
Upon
inquiry by Commissioner McLean, Commissioner Carey advised this has not been
before the ECFRPC to date. She stated
she will voice this Board’s concerns at the ECFRPC if she is still a
member. She said the Board needs to be
cautious about trying to tell another county what to do, but they need to relay
their concerns to Orange County as soon as possible.
Upon
inquiry by Commissioner Henley, Jim Duby, Leisure Services, addressed the Board
to state the regional committee has not established a green print
corridor. He stated he will check that
out and get back to the Board.
Upon
further inquiry by Commissioner Henley, Mr. Matthews advised he haven’t seen
anything in the proposal as to if they are planning a fire station in this
development or near it.
Chairman
Dallari asked if there are any objections to drafting a letter for the
Chairman’s signature. Commissioner Carey
stated she would like to review same before it is sent. Chairman Dallari stated staff will bring that
back this afternoon.
COUNTY
MANAGER’S CONSENT AGENDA
Motion by Commissioner Carey,
seconded by Commissioner McLean to continue Item #11, Award of RFP-600705-09,
until such time that staff has it in proper order to come back to the Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Alison
Stettner advised staff has made some minor modifications to Item #8, Approve
Work Order #8 for RFP-3261-08, to remove all references to the Seminole County
mobility fee and they have stricken references to the studies to the
alternative mobility plan and fee studies.
They are removing $4,700 from the fee schedule scope. Therefore, staff is requesting approval in
the amount of $160,240.
Motion by Commissioner Henley,
seconded by Commissioner McLean to approve and authorize the Chairman to
execute Work Order #8, as shown on page ________, for RFP-3261-08/RTB - General
Consulting Services for Planning and Development, in the amount of $164,240.00
to HNTB Corporation of Lake Mary, FL.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari recessed the Board at 11:55 a.m., reconvening at 1:31 p.m. with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner McLean, seconded
by Commissioner Carey, to authorize filing the proofs of publication for this
meeting’s scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
VACATE AND ABANDONMENT
SEMINOLE2
INVESTMENTS, LLC
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 recorded plat
for Cameron’s Subdivision of Beck’s Hammock described as Lots 1 to 15,
inclusive, and Lots 17 and 19 of Cameron’s Subdivision of Beck’s Hammock,
according to the plat thereof as recorded in Plat Book 1, Page 88 of the Public
Records of Seminole County, Florida, less and except right-of-way for State
Road 46 together with the 40-foot wide street running north from State Road 46
lying west of Lots 9 and 10, and east of Lots 11 and 12, Cameron’s Subdivision
of Beck’s Hammock, and the 40-foot wide street running west from Cameron Avenue
to the northerly extension of the west line of said Lot 19, Cameron’s
Subdivision of Beck’s Hammock in Section 33, Township 19 S, Range 31 E;
Seminole2 Investments, LLC, received and filed.
Brian
Walker, Senior Planner, addressed the Board to present the request. He advised that staff recommends vacation of
a portion of the recorded plat as requested.
No one
spoke in support or in opposition.
District
Commissioner Carey stated she thinks this is an appropriate action considering
where this property is located.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt appropriate Resolution #2009-R-260, as shown
on page _______, vacating and abandoning a portion of the recorded plat for
Cameron’s Subdivision of Beck’s Hammock described as Lots 1 to 15, inclusive,
and Lots 17 and 19 of Cameron’s Subdivision of Beck’s Hammock, according to the
plat thereof as recorded in Plat Book 1, Page 88 of the Public Records of
Seminole County, Florida, less and except right-of-way for State Road 46
together with the 40-foot wide street running north from State Road 46 lying
west of Lots 9 and 10, and east of Lots 11 and 12, Cameron’s Subdivision of
Beck’s Hammock, and the 40-foot wide street running west from Cameron Avenue to
the northerly extension of the west line of said Lot 19, Cameron’s Subdivision
of Beck’s Hammock in Section 33, Township 19 S, Range 31 E; as described in the
proof of publication, Seminole2 Investments, LLC; and authorize the Chairman to
execute the Resolution.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND ABANDON/SEMINOLE
COUNTY ENVIRONMENTAL
SERVICES
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 right-of-way of
Second Street and unnamed right-of-way located east of Orange Blvd. and north
of First Street, in Section 31, Township 19 S, Range 30 E and as shown on the
plat of the Town of Sylvan Lake, as recorded in Plat Book 2, Page 69, of the
Public Records of Seminole County, Florida, received and filed.
Alan
Willis, Development Review, addressed the Board to present the request. He advised staff recommends that the Board
adopt the Resolution vacating and abandoning a portion of the right-of-way as
requested.
Torben
Abbott, 1510 Travertine Terrace, addressed the Board to state he wanted to find
out how the right-of-way is being split.
Mr. Willis explained that Seminole
County owns all of the surrounding areas.
He said 40 feet half would go to St. Mary’s Park and half to the west of
Lot 84.
Mr. Abbott said he was wondering if
these parcels were being linked together or staying as three separate parcels.
Mr. McMillan clarified that
basically the Board doesn’t make the decision on how the split goes. He said the Property Appraiser assigns it and
that’s the way it’s done unless someone challenges it.
No one else spoke in support or in
opposition.
Speaker Request Form for Mr. Abbott
was received and filed.
Motion by
Commissioner Carey, seconded by Commissioner McLean, to adopt appropriate
Resolution #2009-R-261, as shown on page _______, vacating and abandoning a
portion of the right-of-way of Second Street and unnamed right-of-way located
east of Orange Blvd. and north of First Street, in Section 31, Township 19 S,
Range 30 E and as shown on the plat of the Town of Sylvan Lake, as recorded in
Plat Book 2, Page 69, of the Public Records of Seminole County, Florida; as
described in the proof of publication, Seminole County Environmental Services,
based on staff findings; and authorize the Chairman to execute the Resolution.
Districts 1, 2, 3, 4 and 5 voted
AYE.
TEXT AMENDMENTS TO SEMINOLE
COUNTY COMPREHENSIVE PLAN
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of an Ordinance for Text Amendments to the Seminole County Comprehensive
Plan, Seminole County, received and filed.
Sheryl
Stolzenberg, Planner, addressed the Board to present the request. She reviewed the amendments. She said staff is recommending the Board
approve the Ordinance for the text amendments and transmit it to the Department
of Community Affairs for a finding of compliance with State law.
Commissioner
Carey asked staff for clarification of TRA 18 on wetland services. Ms. Stolzenberg said she thinks staff was
trying to provide that if there is a desire for tourism that would involve
looking at wetlands and showing people what a wetland is, they wanted to make
sure that was an allowable thing that they were going to do and that staff was
not going to be requiring anyone who ran a tour like that would have to be
subject to transportation currency.
No one
spoke in support or in opposition.
Motion by Commissioner McLean, seconded
by Commissioner Henley, to adopt Ordinance #2009-36, as shown on page _______,
for Text Amendments to the Seminole County Comprehensive Plan; as described in
the proof of publication, Seminole County, based on staff findings; and
authorize the Chairman to execute the Ordinance.
Districts
1, 2, 3, 4 and 5 voted AYE.
CELERY AVE. LARGE SCALE FLU AMENDMENT
HARLING, LOCKLIN &
ASSOC.
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of an Ordinance for a Large Scale Future Land Use Amendment from SE
(Suburban Estates) to LDR (Low Density Residential) for 89 acres located on the
north side of Celery Avenue, approximately 1,200 feet east of Sipes Avenue,
Harling, Locklin & Associates, received and filed.
Joy
Williams, Planner, addressed the Board to present the request. She advised staff recommends the Board adopt
the Ordinance for the Large Scale Future Land Use Map Amendment as requested.
Upon
inquiry by Commissioner Carey, Ms. Williams explained the process for a Comp
Plan Amendment and what would have to happen in order for the property to be
rezoned.
Hugh
Harling, 850 Courtland Street, applicant representing the Dale, McLain, and
Flowers families (property owners), addressed the Board to state they concur
with the staff, DCA, and the Planning and Zoning Commission’s decision.
No one
spoke in support or in opposition.
Chairman
Dallari submitted the Written Comment Form for Eric Esterson into the Record.
District
Commissioner Carey submitted to the Record correspondence from a citizen in
opposition who stated concern about the tax bill on some of this property. She said she forwarded the correspondence on
the tax bill to the Property Appraiser’s Office. Commissioner Carey said she thinks this land
use request is appropriate for what has been going on along Celery Avenue. It will come back before the Board for
rezoning and all the other analyses will be done at that time.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt Ordinance #2009-37, as shown on page _______,
for a Large Scale Future Land Use Map Amendment from SE (Suburban Estates) to
LDR (Low Density Residential) for 89 acres located on the north side of Celery
Avenue, approximately 1,200 feet east of Sipes Avenue, as described in the
proof of publication, Harling, Locklin & Associates, based on staff
findings; and authorize the Chairman to execute the Ordinance.
Districts
1, 2, 3, 4 and 5 voted AYE.
KENTUCKY SQUARE LARGE SCALE
FUTURE
LAND USE AMENDMENT/HUGH
HARLING
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of an Ordinance for a Large Scale Future Land Use Map Amendment from
SE (Suburban Estates) to LDR (Low Density Residential) for 27.6 acres located
at the southwest corner of the intersection of Beardall Avenue and Kentucky
Street, Hugh Harling, received and filed.
Ian
Sikonia, Senior Planner, addressed the Board to present the request, stating
the Planning and Zoning Commission voted 5 to 2 to recommend approval of the
requested Large Scale Future Land Use Map Amendment and staff is also
recommending approval. He said staff
received two letters in opposition that he distributed to the Board (copies
received and filed) prior to the meeting.
Commissioner Carey noted that one
of the letters in opposition is from Sanford City Commissioner Art Woodruff,
and she asked Mr. Sikonia if this item had been discussed by the Sanford City
Commission.
Mr.
Sikonia said he did not believe this was discussed before the City Commission,
unless Commissioner Woodruff brought it up.
He said he sent the city of Sanford an intergovernmental notice, but he
had not received back a letter of recommendation from the City.
Mr.
Harling, representing Ted Takvorian and his family, stated he originally came
in with a HIP land use and a large contingency of the community opposed that,
so he came back with a request for Low Density Residential and had good support
from the community on that. They made
commitments to the community that have already been entered into the Record,
which included a buffer on the street coming in on the east side, an entrance
to the western side, a buffer in the southeast corner, and extending water in
the fire hydrant to the south. He said
they are standing by their commitments.
Upon
inquiry by Commissioner Carey, Mr. Harling said he distributed letters at the
Planning and Zoning meeting last week with all the commitment items identified
as part of the record.
No one
spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt Ordinance #2009-38, as shown on page _______,
for a Large Scale Future Land Use Map Amendment from SE (Suburban Estates) to
LDR (Low Density Residential) for 27.6 acres located at the southwest corner of
the intersection of Beardall Avenue and Kentucky Street; as described in the
proof of publication, Hugh Harling, with all the conditions discussed at the
transmittal hearing, the Planning and Zoning Commission, and as outlined today,
and authorize the Chairman to execute the Ordinance.
Districts
1, 2, 3, 4 and 5 voted AYE.
LAKE JESUP ESTATES REZONE
HUGH HARLING
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of an Ordinance to rezone from A-1 (Agriculture) to PUD (Planned Unit
Development) on 36.60 acres located south of Cadillac Street, between Lake
Avenue and Lake Jesup, and approval of the Preliminary Master Plan and
Development Order, Hugh Harling, received and filed.
Tina
Williamson, Assistant Planning Manager, addressed the Board to present the
request. She submitted four e-mails
(copies received and filed) received with concerns and in opposition to the
request. She advised the Planning and
Zoning Commission voted 7 to 0 to recommend approval of the request with the
condition that the minimum lot size be reduced to 21,780 square feet, as
requested by the applicant. Staff
recommends approval of the request to rezone from A-1 to PUD.
Mr.
Harling, representing Bob Hara and his family (property owner), stated how they
have designed the property around the eagle’s nest. He reviewed the nesting requirements and said
they will be following those guidelines as promulgated by the State and Federal
governments. He said this will be a
County road to County specifications and the applicant will put in sewer,
water, and reuse water. He stated there
is one small property that goes down to the lake and it is their intent that
that would be a lake access for the residents of their subdivision. As long as they are able to work something
out with the adjacent residents where there is a common maintenance for that,
the applicant will be doing a boat ramp that would be accessible to the
adjacent residents also. It will not be
a public boat ramp, but will be gated and locked. Mr. Harling said they have worked with the
neighbors but there are still some concerns.
Walter
Price, 750 Lanark Street, addressed the Board to state his opposition is the
lot size and number of units. He said he
lives on five acres and is entitled to put one dwelling unit on his property
and the surrounding properties are five or more acres, and they are entitled to
have one dwelling unit. Also, the other
properties are zoned one dwelling unit per acre. He thinks it’s a reasonable compromise for
that area and to increase the density seems inappropriate. He also stated his concern for the traffic
that would go up and down Lake Avenue.
He understands that Lake Avenue is now substandard and he asked if Mr.
Harling would continue the development road all the way up Lake Avenue to
Myrtle.
Kurt Till,
6159 Lake Avenue, addressed the Board to show where his house is located and
said where the road comes in is going to be drainage for the houses in the new
section. He also showed where the
retention pond is to be located. He said
everything is going to be built up and the runoff will go to the retention pond
and there will be a popoff valve where it goes down into the lake. He showed pictures (received and filed) of
property between his house and his neighbors on both sides showing what happens
when there is a hurricane or there is a lot of rain. He said you can hardly see the house because
of the water and he lives on an island at some times. He showed other pictures (received and filed)
of the back and both sides of the house filled with water and said with the
roadway being raised and all the property being raised up, that will be like a
dam. He thinks there will be a couple of
houses that will be stuck in that area where the water is going to back up; and
they are going to be in trouble in that area.
He explained how quickly and dramatically the condition of the property
changes. He showed other pictures with
the trees standing in water and said they were never like that until Tropical
Storm Fay came through.
Diane and
Robert Dibert, 6171 Lake Avenue, addressed the Board. Ms. Dibert stated their lot is located next
to the proposed boat ramp. She showed
five pictures of the flooding around their house: side of their house where the proposed boat
ramp will be; where the road will be built; front towards the lake; and another
picture towards the lake. She advised
Commissioner Carey that the pictures were taken during the four hurricanes and
some after Tropical Storm Fay. She said
after the water comes up, they also live on an island. She explained that months after a storm, the
water rises to a few inches from their windows on the side of the house. They are concerned about the number of houses
to be built behind them. She does not
feel Lake Avenue can handle 100 more cars, in addition to those already using
the road, on a daily basis. They believe
the area should be kept zoned so that only one house per acre is allowed. They are concerned about the wildlife. Once the construction starts, they are sure
the eagles will leave; and many orange trees, 100-year live oaks and cypress
trees will be cut down. They are concerned
about the road to be constructed behind their house. She said the whole area of woods behind them
floods with every hurricane or tropical storm they have had since they have
lived there. All the lake water comes up
around their house on all sides and drains from the woods behind them into the
lake and around them. They feel if the
road is built up higher, it will create a dam effect and put their houses in
serious flooding situations in the future.
They were wondering if the road could be built farther back in the woods
on the other side of the proposed houses.
They are also concerned about the boat ramp being constructed next to
their house on the southwest side and what that will do to their quality of
life, privacy, family safety, present flooding issues, and property value. She asked why the boat ramp can’t be
constructed further along the shoreline at the end of the street that will be
built. She also asked how the boat ramp
can be built in this area when the water level at the shoreline is only a foot
or two deep and it is dramatically fluctuating all the time. She also asked why a boat ramp needs to be
built anyway when there is an existing free public boat ramp one street over on
S. Sanford Avenue.
Erick
Ciotti, 5656 Lake Avenue, addressed the Board to state he, like many of the
neighbors, moved in the area to get away from all the density, and he feels
like it is going to diminish their property values if homes are built on
smaller properties. He said he also has
concerns about the wildlife, and there are coyotes, as well as bald eagle
nests, and bobcats that he has seen himself.
He has been told by numerous neighbors that there is a panther in their
area too. He said he has a concern now
with his three children on the road with hundreds of cars, and the applicant is
looking at doubling that.
Don
Peterson, 3585 Canal Street, addressed the Board to state he is opposed to the
reduction of the lot size from an acre.
He doesn’t think that is the right thing to do since everybody else is
an acre or more. He also opposes the
boat ramp on the basis of more pollution into a lake they are trying to clean
up. He said the drainage from the
retention pond will run straight into Lake Jesup. He thinks the Board needs to look at that
before they take a vote. He also said he
doesn’t think they need another boat ramp that only benefits a few people.
Richard
Gaudio, 5540 Lake Avenue, addressed the Board to state where he lives is
wonderful and he would hate to see the character of Lake Avenue change because
of another subdivision. He said he has
talked to the people in Autumn Chase and Lake Jesup, and there has been a major
change regarding water flow and runoff.
He is amazed at how many cars go by already and to put in another 25
homes, the road will not handle it.
Eric
Esterson, 1235 Myrtle Street, addressed the Board to state this is one area
that does not need any more nutrients at all.
He said a reuse line on 25 lots is not going to accomplish one thing
except when it floods, it will put all that leakage from the reuse line into
the lake. They have spent well over $20
million over the past 20 years on the lake.
Also, he asked if the applicant is going to build up these lots, will
they have compensation for the amount of flooding they put on the lots.
Bob Shydo,
618 Long Meadow Circle, addressed the Board to state he is building at 5800
Lake Avenue and is leaving a PUD to move there because of the environment,
animals and the area that is beautiful.
He has eagles and osprey on the property where he is building. Also, there are hogs in the area and if they
are taken out of this area, they will live somewhere else. He asked where the coyotes will go when the
property is built to this density. He
said he is opposed to the clustering and is opposed to Suburban Estates in this
case. He said this is a sensitive and very
natural area with much wildlife including woodpeckers and turkeys. He mentioned he has a picture, but it is too
small to be confirmed to be that of a panther.
His other concern is the drainage.
He said Lake Avenue has a serious drainage problem. Public Works is aware of it and cannot do
anything about it. There is nothing in
this proposal to handle the runoff on Lake Avenue.
Ralph
Michaels, 5601 Lake Avenue, addressed the Board to state he was raised and has
lived in the area more than 35 years and he is opposed to anything that changes
the way of life in this area. He said on
the 46 bridge, the river is being re-routed to come into the lake. He asked if there has been any studies on
what that will do for the level of water in the lake. He said that will make a difference
somewhere.
Commissioner
Carey stated the bridge used to be open to Lake Jesup and the water used to
flow from the river into Lake Jesup.
Many of the problems they have in Lake Jesup today are from when the
flow of the river was cut off and then circulation issues began in Lake
Jesup. She thinks they are just going to
open it back up. The lake is still going
to ebb and flow, and when the water rises in South Florida and it starts
flowing north, it’s going to rise in every waterway along the way like it has
for many years.
Mr.
Harling gave rebuttal comments to address questions raised regarding the
circulation and quality of the lake; the wildlife in the area; the reuse line;
the water flow from Autumn Chase; the lot sizes and density; the road that will
serve the area; the drainage; phosphorous treatment of Lake Jesup; their intent
not to block any water and the raised elevations; and potable water and sewer
to the property.
Upon
inquiry by Commissioner Carey, Mr. Harling discussed what would happen if the
lift station went under water.
Upon
inquiry by Commissioner Henley, Mr. Harling discussed the requirement to do a
species survey, the net buildable acreage, and final engineering.
No one
else spoke in support or in opposition.
Speaker
Request and Written Comment Forms were received and filed.
Commissioner
Carey asked staff if the people who currently lived along Lake Jesup have legal
access to their lots.
Mr. McCollum stated he checked the
records today and private easements were granted to those lots in 2001. He said he would have to compare the maps to
see if the easements are aligned on the subject property. He also discussed that Lake Avenue would have
to be brought up to County standards. He
said the drainage would have to be looked at during final engineering.
Upon further inquiry by
Commissioner Carey, Ms. Williamson discussed the Myrtle Street Study. She advised that the subject property is not in
that area. She answered questions about
the possibility of 36 units on the property with mitigation, and the Suburban
Estates land use in the area.
Lee Shaffer, Development Review,
addressed the Board to discuss the compensating storage issue.
Commissioner Carey asked what kind
of flexibility the County has as far as not requiring the applicant to put in
reclaim water. Mr. McMillan said
initially, the applicant would not have to put in the reclaim dry lines unless
there is a plan (in the County’s ten-year plan) to provide reclaim water to the
area.
Andy Neff, Environmental Services
Director, addressed the Board to advise he did not know if it is in the city of
Sanford’s plan to put reclaim in this area and he would have to report back to
Commissioner Carey on that.
Commissioner Carey said she thinks
the policy regarding that is something they should review. They may not want to have dry lines in the
areas that will run into the lake, because that will just compound the situation.
Upon inquiry by Commissioner Carey
about having a boat dock or overlook onto the water instead of a boat ramp for
loading and unloading boats, Mr. Harling said an overlook would be fine. The boat ramp was for convenience, but the
residents are correct that on Sanford Avenue there is a large community boat
ramp that could be utilized. He
corrected the staff that this project is serviced by Seminole County Utilities
and not the city of Sanford.
Whereupon, Mr. McMillan said if the
Board doesn’t think there should be dry lines for reclaim in this area, they
can take it out of the County’s plan to provide them.
District Commissioner Carey said
she thinks the proposal of the smaller lots and clustering in this particular
way is a better idea than trying to put 36 slots on 36 acres at one unit per
acre. She has concerns about the road
and drainage and all that, which will be addressed. She asked that staff keep a close eye on what
happens when Lake Avenue gets improved.
She said she will support approval of the request.
Motion by Commissioner
Carey, seconded by Commissioner McLean, to adopt Ordinance #2009-39, as shown
on page _______, rezoning from A-1 (Agriculture) to PUD (Planned Unit
Development) on 36.60 acres located south of Cadillac Street, between Lake
Avenue and Lake Jesup, and approve the Preliminary Master Plan and Development
Order, a shown on page _______; as described in the proof of publication, Hugh
Harling; and authorize the Chairman to execute the documents with the following
changes: (1) Lake Avenue will not become
a public road, but will maintain a private road; and (2) there will not be a
boat ramp, and there will be nothing more than a boat dock or overlook in the
area.
Districts
1, 2, 3, 4 and 5 voted AYE.
GREENWAY POINTE PUD MAJOR
AMENDMENT/JON WALLS
Proof of
publication, as shown on page _______, calling for a public hearing to consider
approval of a major amendment to the Greenway Pointe PUD on 14 acres located on
the northeast corner of the intersection of Aloma Avenue and Clayton Crossing
Way, and approval of the revised Final Master Plan and Amended and Restated
Developer’s Commitment Agreement, Jon Walls, received and filed.
Mr.
Sikonia presented the request, stating the staff has reviewed the proposed
buffer content and agrees with the proposed changes. He said the new buffer content will still
provide the opacity intended and will allow for the trees to have enough space
to flourish and provide for a more aesthetically pleasing buffer. He also said the request for the monument
sign is consistent with the sign regulations of the Land Development Code and
will not be out of character for the proposed development or surrounding
area. The Planning and Zoning Commission
voted 7 to 1 to recommend approval of the major amendment and staff is also recommending
approval of the major amendment to the Greenway Pointe PUD. Staff has received one letter of concern
(copy received and filed in the staff report).
Jon Walls, applicant, 631 S.
Orlando Avenue, landscape architect and partner with Miller Legg, representing
Aloma Walk Commercial Venture, LLC, for Parcel A of the Greenway Pointe PUD,
addressed the Board to state this is a major amendment, but it is a minor
change in the actual development plan for the project. He explained the changes and said the total
value for the landscaping is about the same as before. The main reason for the change is to provide
a better grouping than what had been required in the original Developer’s
Commitment Agreement. He said the plan
significantly exceeds the code requirements for the Aloma Avenue buffer.
No one
spoke in support or in opposition.
District
Commissioner Dallari stated he recommends approval of the requested major
amendment.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve the major amendment to the Greenway
Pointe PUD on 14 acres located on the northeast corner of the intersection of
Aloma Avenue and Clayton Crossing Way, and approve the revised Final Master
Plan and Amended and Restated Developer’s Commitment Agreement, as shown on
page _______; as described in the proof of publication, Jon Walls.
Districts 1, 2, 3, 4 and 5 voted
AYE.
-------
Chairman Dallari recessed the
meeting at 3:04 p.m. and reconvened it at 3:11 p.m., with all Commissioners
present. Clerk Maryanne Morse returned
to the meeting late.
Chairman Dallari returned to the
BCC morning agenda to review Items #6 and #5.
COUNTY MANAGER’S
CONSENT AGENDA, Continued
Purchasing
and Contracts
Mr. Forte
stated Exhibit E in Item #6, Approve and authorize the Chairman to execute
Amendment #1 to PS-5190-05/DRR with CH2M Hill of Orlando, Florida, to add
Exhibit E, has a couple of items that were omitted. He distributed copies of an updated version
(copy received and filed) of Exhibit E and asked for the Board’s approval of
same.
Clerk
Maryanne Morse returned to the meeting room at this time.
Mr. Forte explained the changes to
the language as follows: under Scope of
Services, Schedule, adding “If applicable, performance period will be tied to
specific project or deliverable.” Under
Personnel List, adding to the second bullet, Written consent from the County
Project Manager will be required in order to use the revised billing
rates.” Also under Personnel List,
adding to the third bullet, “The County reserves the right to reject proposed
candidates.”
Motion by
Commissioner Carey, seconded by Commissioner Van Der Weide, to replace Exhibit
E for Item #6, Amendment #1 to PS-5190-05/DRR with CH2M Hill, with the revised
Exhibit E distributed at this meeting, modifying the action made this morning.
Districts 1, 2, 3, 4 and 5 voted
AYE.
-------
Mr. Forte advised that Andy Neff
and Ray Hooper are present to give the Board an update on Item #5, Amendment #1
to M-4875-09/DRR with CH2M Hill of Orlando, Florida, to add fixed fee
compensation in the amount of $595,260.
He distributed copies of the negotiated scope (copy received and filed)
to the Board.
Chairman Dallari asked Mr. Forte
what the object is of the scope. Mr.
Forte stated staff wants to review Work Order #20 to find out exactly what CH2M
Hill has done and what the County has paid for in anticipation of proceeding
forward between the first and second bond.
Mr. Neff said the audit finding was
that they need to understand Work Order #20 a lot better, and staff is
proposing to engage Mr. Block to review Work Order #20 in order for them to
move forward with the present work order and a new second bond work order so
that there is clarity between the different projects that are in different
places.
Chairman
Dallari said his concern is that as the audit stands, there are certain things
listed and he doesn’t understand why staff can’t do this and why they have to
hire a consultant. There have been two
audits done, one by the Board and one by the Clerk.
Clerk
Maryanne Morse stated she thinks the concern is that there was no total
evaluation done on how much of the work is actually completed; and part of that
was because they were not able to get sufficient data from CH2M Hill. Secondly, it was a compliance, financial
audit. There needs to be some evaluation
completed with regard to how much of the actual work was completed for the $15
million that’s been paid to CH2M Hill and how much is left to be done. This morning $1 million was pulled out of
Work Order #20 to put on a new work order.
She said she is not sure that either auditors, Lovett, Silverman or
Block, did the engineering analytical study that would ascertain that CH2M Hill
has completed “x%” of Work Order #20 which is a total of $20 million. That part is a major concern. She is not sure that County staff would be
able to independently determine how much of that work is completed without going
back to the vendor.
Commissioner
Henley explained why he has not been comfortable all the time as to whether it
had been completed with what the amount of money paid to CH2M Hill would have
called for.
Commissioner
Carey stated she is not excited about spending $25,000, but she is interested
in the independency of all this. She
asked Mr. Forte if he believes he needs Block Consulting to do an independent
survey, or does he think he has the staff to be able to determine what is
complete and what’s not.
Mr. Forte
said he thinks he needs an independent third party to come in and review Work
Order #20 so they know exactly what’s been completed and what’s being paid for
in order for him and Mr. Neff to be comfortable moving forward.
Commissioner
Carey stated she’s o.k. with what Mr. Forte said, but she wants to know there
are checks and balances in place because they are going forward. There is still a lot of the program to roll
out and CH2M Hill, in her opinion, has done a great job of rolling the program
forward. The Board needs to know they
are not going to end up in this situation again. If things are running forward faster than
staff can keep up, then somebody needs to stand up and say that, and not let
things fester.
Mr. Forte
said the plan is that this will be done by the end of the year, so that when
staff comes back in January with the plan to move forward, staff will have a
full picture for the Board.
Mr. Neff
added it is the intent to give the Board a feel for where everything is with
regard to the audit, bring back forward the revalidation of projects and then
work orders to move forward with CH2M Hill on the remaining elements of the
program.
Commissioner
Van Der Weide stated if the staff is not comfortable with what they have and
where they’re at now, he doesn’t see how the Commissioners can be
comfortable. He thinks they have to get
with it and determine where they’re at, become comfortable and move forward. He doesn’t think they are going to throw this
whole program out.
Commissioner
McLean said he thinks the best solution is the most objective one, which is to
bring someone in that doesn’t have “a dog in the fight” and be able to “unpeel
the onion” of Work Order #20. They have
been talking about this since he came on board in 2006. He agrees that they need to do this quickly
as they have a second bond issue coming up.
Chairman
Dallari said in moving forward, he would have liked to put this out to bid and
have a different company than Block Consulting look at this. He doesn’t think they should be using their
auditor as an accountant. Since this is
the direction they are moving in, he wants to make sure the auditor is not
setting policy nor making recommendations for policy. He wants to make sure they are just looking
at the work order and what items have been done and what the state of
completion is.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to approve the proposal for RW Block Consulting, Inc.
dated December 1, 2009, in the amount of $24,700.
Upon
inquiry by Chairman Dallari, Mr. Hooper stated this will be finalized by the
end of 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari recommended appointing Paul Daigle and Cynthia Campbell to the
Casselberry CRA as Board appointments.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to appoint Paul Daigle and Cynthia Campbell to the
Casselberry CRA.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari said he would like to ratify the selection by the Sanford City
Commission of Commissioner Velma Williams to replace Mayor Kuhn as the TDC
Board member for the city of Sanford.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve the selection by the city of Sanford
of Commissioner Velma Williams to serve on the Tourist Development Council
Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari advised he received a letter from Sam Starke from the Grand Oaks Area
Sports Commission referencing the upcoming World Cup. He asked for the Board’s consensus for
direction regarding this letter.
Motion by Commissioner McLean to
approve the request from Sam Starke per letter received.
Under
discussion, Chairman Dallari said an agreement is involved and that needs to be
accepted or denied. He asked if that is
what the motion is doing. Whereupon,
Commissioner McLean stated he had read the agreement and he is comfortable with
moving that forward for approval.
Commissioner
Henley seconded the motion.
Commissioner
Van Der Weide stated there are some issues behind the World Cup and some
gyrations the County went through to mitigate and buy property, build new
soccer fields and take a trip to Atlanta to deal with the federal government.
Mr.
McMillan stated he had read the agreement and there are things in it that the
Board is not legally empowered to do. He
said by approving the agreement and giving anyone exclusive use of the entire
facility, the County will probably face replacing the entire facility somewhere
else and mitigate that conversion. Discussion ensued with the Board. Mr. McMillan advised Commissioner Henley that
this is not a preliminary agreement, but a final one, and it will be followed
by subsequent agreements. It basically
says the County will pay for everything the Sports Commission decides the
County needs to provide.
Mr. Forte
advised staff offered a letter of support and said they would come back and
negotiate a contract later. The level of
risk and liability the County would have to take on by signing the existing
document makes him extremely uncomfortable.
He advised that the governing law is Switzerland.
Mr.
McMillan stated if there are any disputes, they would be resolved in
Switzerland, pursuant to the rules of the Swiss Chamber of Commerce.
Sam Starke
addressed the Board discuss this issue and what the actual contract does. He said this is a cover agreement that is
part of a checklist; and by next week, the USA Bid Committee will cut the list
of 27 current cities under consideration for the U.S. bid down to 18 cities to
host the World Cup games in 2018 or 2022.
He further explained the upcoming dates for this process with the
decision to be made a year from now on which country gets to host the
games. A year and a half after that is
when the U.S. will decide whether those 18 cities in the bid will go down to
10, 12, or 14 cities. After selection of
the cities, the FIFA (Federation Internationale De Football Association) and
local organizing committee out of New York will come back and enter into use
agreements for all the facilities. He
has been told that this is a place holder agreement and this helps the
checklist collectively as a city so when it goes to bid next week, Orlando is
in place and has all the t’s crossed and i’s dotted.
Mr. Forte
and Mr. McMillan advised of other concerns they have with entering into this
agreement.
Commissioner
McLean asked Mr. Starke if, without the agreement, Seminole County is out as a
practice site. Mr. Starke said he didn’t
know that for sure, but it wouldn’t help not having the agreement.
Mr. Starke
advised Commissioner Carey that the city of Orlando and Disney have signed the
agreement. He said they understand that
this is a first step to the process, and FIFA has a pretty solid track record
of working with communities and host cities.
Commissioner
Carey asked if Mr. Starke agreed that if he had a letter of support from
Seminole County, the County could still participate as there are not that many
facilities available. Mr. Starke said he
agrees with that, but it would help to have the County sign the agreement.
Commissioner
Carey said she knows the Board is all committed to working with World Cup if
they can afford to do so.
Mr. Starke
said under the time consideration, he would say that’s as good as they can get
from the County. The Board needs to get
that letter signed tomorrow and sent out.
Commissioner
McLean said, given the discussion and the analysis Mr. McMillan gave the Board,
he thinks a letter of support might be advantageous at this point. Commissioner McLean withdrew his motion.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to authorize sending a letter of support from
the Board to the Federation Internationale De Football Association.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey said it might be helpful for all Commissioners to sign the letter.
-------
Chairman
Dallari said he has been informed by staff that he has to take a trip to New
York for the bond rating. He asked for
permission to do that with Commissioner Carey and staff.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to authorize scheduling travel for Chairman
Dallari, Commissioner Carey and staff to go to New York for the County’s bond
rating.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari said he wants to schedule at the next BCC meeting the agreement with
the Orange County Expressway Authority so they can understand all the items
that can potentially happen with the Wekiva Parkway. He asked Gary Johnson to ask the Chairman of
the Seminole County Expressway Authority to call for a meeting after the next
meeting so they can take additional action if necessary.
-------
Chairman
Dallari advised he received a letter from Wayne Weinberg, Envision Seminole,
asking for all the County Commissioners to participate in a Vision 4 session on
January 29. He said he would provide the
Commissioners with copies of that letter.
-------
Chairman
Dallari stated he would like to have a joint work session with the School Board
to discuss the One Cent Sales Tax. This
was discussed at the Mayors/Managers meeting and a lot of issues came
forth. He has some serious concerns that
need to be discussed as a Board with the School Board. He thinks it’s important to do that next month.
-------
Chairman
Dallari advised he will be out of town from December 11-20, and Vice Chairman
Carey will have signatory authority for documents.
-------
Chairman
Dallari stated he would also like to talk next month about the potential of
waiving impact fees for a couple of years and see what that will look like with
the budget, and also look at the fund base and line-item budget to see which
way that needs to happen. He wants to
make sure the Board is all up-to-speed on that.
Commissioner
Carey said it may be for the next few months, with all the issues they have, to
look at scheduling work sessions on the days the Board is already in session.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Copy
of letter (w/attachment) dated September 28, 2009, from Meg Crofton, Walt
Disney World, to Stephanie Kopelousos, FDOT Secretary of Transportation, re: Florida High Speed Rail Project. (cc: BCC,
County Manager, Public Works, Engineering)
2. Copy
of Memorandum (w/attachment) dated October 28, 2009, from Division of Alcoholic
Beverages and Tobacco/Auditing to Florida Cities and Counties re: Fee Distribution Information.
3. Letter
(w/attachment) dated October 30, 2009, from Sam Stark, Central Florida Sports
Commission, to Chairman Dallari re: September
2009 Activities Report. (cc: BCC, County Manager)
4. Letter
dated November 3, 2009, from Noranne Downs, District Five Secretary, to
Chairman Dallari re: Design-Build
Stimulus Project – SR 434 from SR 414 (Maitland Boulevard) to Lotus Landing
Boulevard/Trailwood Drive. (cc: County Manager, Planning and Development)
5. Notice
of City of Sanford Planning and Development Services Department Public Hearing
being held November 19, 2009 to consider a rezone for property located at 918
West 1st Street, Sanford, Florida. (cc: BCC,
County Manager, Planning and Development)
6. Notice
of City of Sanford Planning and Development Services Department Public Hearing
being held November 19, 2009 to consider a conditional use for property located
at 204 Poplar Avenue, Sanford, Florida. (cc: BCC,
County Manager, Planning and Development)
7. Letter
(w/attachment) dated November 9, 2009, from Thomas Feeney, III, Fowler,
O’Quinn, Feeney and Sneed P.A., to Chairman Dallari re: Clients support opposing any toll road or
expressway through Seminole County. (cc:
Planning and Development, Public Works)
8. Letter
dated November 9, 2009, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: Recognition of
Bright House Networks from JD Powers and Associates for customer satisfaction.
9. Letter
dated November 12, 2009, from Diane Pickett Culpepper, Bright House Networks,
to Chairman Dallari re: 24 new HD
channels.
10. Letter (w/attachment) dated November 12, 2009,
from Donna Gardner, Casselberry City Clerk, to Chairman Dallari re: Annexation Ordinance No. 09-1307. (cc: BCC,
County Manager, Planning and Development)
11. Copy of letter (w/attachment) from Gary
Brender, Seminole County Expressway Authority Chairman, to Sandy Adams,
Legislative Delegation Chairman, re: support
of local bill authorizing designation of SR 417 (Seminole Expressway) as
SeminoleWay in Seminole County. (cc: Gary Johnson)
12. Letter dated November 18, 2009, from Charles
Reuter, Marathon Health, to Chairman Dallari re: Onsite Health Center for County
Employees/Dependents. (cc: BCC, County Manager, Administrative Services)
13. Letter (w/attachment) dated November 18, 2009,
from Tom O’Neal, University of Central Florida, to Chairman Dallari re: Report Commissioned by the Florida High Tech
Corridor measuring the economic impact the UCF Business Incubator Program
(UCFBIP) has had on the surrounding community.
14. Letter (w/attachment) dated November 19, 2009,
from Kim Player, St. Johns River Water Management District, to Chairman Dallari
re: Sweetwater Creek Cove Tributary
Surface Water Restoration Phase IIB Dredging.
(cc: BCC, County Manager,
Environmental Services)
15. Letter (w/attachment) dated November 20, 2009,
from Blanche Sherman, LYNX, to Chairman Dallari re: LYNX Quarterly Reports as of September 30,
2009. (cc: BCC, County Manager, Planning and Development)
16. Letter dated November 25, 2009, from Diane
Pickett Culpepper, Bright House Networks, to Chairman Dallari re: Agreement negotiations with cable channels and
television stations.
17. Copy of letter (w/attachment) dated November
30, 2009, from Nancy Squillacioti, 1917 Aquarius Court, Oviedo, Florida, to
Seminole County Animal Licensing re: PetData
licensing process. (cc: BCC, County
Manager, Animal Services)
18. Copy of letter (w/attachment) dated December
1, 2009, from Barbara Lipscomb, Casselberry City Manager, to Joe Forte,
Seminole County Acting County Manager, re: Two reappointments to the City of Casselberry
Redevelopment Agency.
19. Memo dated December 1, 2009, from Missy
McDermont, St. Johns River Water Management District, to Board of County
Commissioners re: 2010 Governing Board
Meeting Schedule. (cc: Planning and Development, Environmental
Services)
20. Letter (w/attachment) dated December 2, 2009,
from Noranne Downs, District Five Secretary, and Mike Snyder, Executive
Director, Orlando-Orange County Expressway Authority, to Chairman Dallari re: Wekiva Parkway Public Workshop in East Lake
County for Review and Discussion of Service Road Concept. cc: BCC,
County Manager, Planning and Development, Engineering
21. Letter (w/attachment) dated November 20, 2009,
from Blanche Sherman, LYNX, to Chairman Dallari re: Revised LYNX Quarterly Reports as of September
30, 2009. (cc: BCC, County Manager, Planning and Development)
22. Notice of City of Sanford Planning and
Development Services Department Public Hearing being held December 17, 2009 to
consider a rezone for property located at 918 West 1st Street,
Sanford, Florida. (cc: BCC, County Manager, Planning and Development)
DISTRICT
REPORTS
Commissioner
Henley advised of a memorandum from Mayor Dyer that came late yesterday
afternoon advising commuter rail passed the Senate Transportation by a vote of
5 to 4. There are two Senate Committee
hearings today with a possibility of a full Senate vote late this afternoon or
tomorrow morning. Mayor Dyer called to
drum up support for this effort. The
Board should know something right away after the vote.
-------
Commissioner
Henley advised that the SR 434 Lynx route the BCC approved a few months ago is
extremely popular. There are now nearly
9,000 riders a month and it’s growing every month.
-------
Motion by Commissioner Henley, seconded
by Commissioner Carey, to reappoint Beverly Myers to the Library Advisory Board
for a two-year term ending January 1, 2012; appoint Carolyn Bistline to the
Historical Commission for a two-year term ending January 1, 2012; rescind the
appointment of Mark Selasky and appoint Steven Ragsdale to the Tourism
Development Council for a four-year term ending January 1, 2014; and adopt
appropriate Resolution #2009-R-265, as shown on page _______, of appreciation
to Dana McBroom for her service on the Seminole County Port Authority.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Henley reported on the Congress of Regional Leaders meeting where several
things came up. There was discussion
that not all funding partners had agreed to fund for this coming year, naming
Osceola, Brevard and Seminole Counties.
Of the three, he was the only one present and he represented Seminole
County. The comment was made that it
sounds like they need to educate the Commissioners of those boards as to the
value of Myregion.org, and Commissioner Henley said he stated he didn’t think
the Seminole County Board needed any education since they had leaders and a
chair on the Board since its inception.
He pointed out that even if Seminole County is not on their board, it
does not mean they do not support regionalism.
He explained that the BCC did not budget money for that as they were in
a cutting mode and cut everybody including MetroPlan and the other regional
boards. With other cuts being made,
Seminole County BCC did not feel they could justify not cutting MyRegion. At this time, no funds have been set aside
for it because they thought they had completed their mission and did a good
job. He also pointed out that Seminole
County has been battling water since 1998 and were not going to stop that. They have been successful in several
challenges through the courts and hearings and nobody in the region stepped up
to help Seminole County fund those though they have benefitted from the winnings. He said he thinks they need to understand all
the circumstances before they begin to criticize the counties that did not feel
they wanted to continue along those lines.
He further pointed out that of the Mayors they talked about doubling,
not one of those cities, except for Orlando, pays any money into this board,
but they are still sitting as members and voting. He said they need to make all of those cities
pay up. They said they will take up this
discussion at their next meeting.
Commissioner
Carey said she has been sending that same message to the MyRegion Board.
-------
Commissioner
Carey reported that the Central Florida Zoo’s “Black Tie on the Wild Side”
Event netted about $75,000 to help feed and care for the animals.
-------
Commissioner
Carey stated she recently attended the Florida Association of Counties
Legislative Conference in Pinellas County, and there was a lot of discussion
about workshops and things like that, and things that board members are finding
they are needing to do in order to be effective, especially in these fiscal
times. She distributed copies of what
was adopted as the 2010 priorities (copy received and filed) for the
Association and reviewed that discussion and said the County needs to be aware
of some of the things that could affect them.
-------
Commissioner
Carey acknowledged the demise of Senator Paula Hawkins, who was a personal
friend of hers. She stated Senator
Hawkins was a trailblazer for women in this community and reviewed some of her
accomplishments. She reported a service
will be held tomorrow night from 6:00 p.m. to 9:00 p.m. at the
Baldwin-Fairchild Funeral Home, Lake Ivanhoe, Orlando, with the funeral to be
held on Thursday morning at 11:00 a.m. at the Church of Jesus Christ Latter Day
Saints on Par Street in Orlando. She
extended her thoughts and prayers to the family.
-------
Commissioner
Carey wished everyone a safe and happy holiday season filled with family and
friends and gave gifts of cookies to the Commissioners.
-------
Commissioner
Dallari nominated Charles Mitchell to the Seminole County Port Authority for a
term of four years.
Motion by Commissioner Carey, seconded by
Commissioner McLean, to appoint Charles Mitchell to the Seminole County Port
Authority for a term of four years.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Dallari requested adoption of a Resolution of appreciation to Christine LaSage.
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to adopt appropriate Resolution #2009-R-262, as
shown on page _______, of appreciation to Christine LaSage for her service on
the Seminole County Animal Control Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari wished everyone Happy Holidays, Happy Hanukkah and Merry Christmas. He also wished Commissioner Henley a Happy
Birthday.
-------
Motion by Commissioner McLean, seconded
by Commissioner Henley, to reappoint the following: Marylin Whittmer to the Animal Control Board
for a one-year term ending Jan. 1, 2011; Dan Bushrui to the Board of Adjustment
for a four-year term ending Jan. 1, 2014; Tom Hagood to the Code Enforcement
Board for a three-year term ending Jan. 1, 2013; Jan Jernigan to the Historical
Commission for a two-year term ending Jan. 1, 2012; Jennifer Finch to the
Library Advisory Board for a two-year term ending Jan. 1, 2012; Jeff Triplett
to the Seminole County Port Authority for a four-year term ending Jan. 1, 2014;
and adopt appropriate Resolution #2009-R-264, as shown on page _______, of
appreciation to Patricia Walden for her service on the Leisure Services
Advisory Committee.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
McLean reported on the Transportation Disadvantaged Local Coordinating Board
for Lynx. He said they have been looking
at a number of things to deal with the cost of para-transit travel. They will hold a meeting after the New Year
to discuss some ideas to take to the Lynx Board to discuss.
-------
Commissioner
McLean announced that Envision Seminole will also hold a leadership symposium
in April. He will report those details
as they get closer to that time.
-------
Commissioner
McLean stated in discussions with management of Allegiant about their movement
of some flights from Orlando-Sanford Airport to Orlando International Airport,
they told the Sanford Airport Board that it was not a situation where they are
trying to compare one to another, but feel they are doing this from a
competitive standpoint to respond to inroads that Air Tran has made at the
Orlando Airport. They have said they
want to keep the 21 sites with the Orlando-Sanford Airport.
-------
Commissioner
McLean said recent discussion at the CALNO meeting was about the Clinic model
the Commissioners talked about today.
They had folks from CareHere to give a presentation to the School Board
and cities and there was a very good response.
He said if they can get this done with the Clinic model, the large
numbers makes sense. The more locations
there are, the more convenient it will be for the County employees and,
perhaps, for more entities.
-------
Commissioner
McLean wished everyone the very best of the holiday season with those they love
and care for.
-------
Commissioner
Van Der Weide said he wishes everyone a very Merry Christmas.
-------
Commissioner
Van Der Weide said there are some very energetic women in the community who
held the Ornament Ball where they raised money for charities. They worked in cooperation with the Longwood
Hospital and were very successful in raising money for local charities.
Chairman Dallari thanked Mrs. Van
Der Weide, one of the co-Chairs, for doing a great job. Commissioner Carey said she and Mrs. Chan did
a wonderful job.
-------
Commissioner Van Der Weide stated
he would be leaving town to go to North Carolina.
-------
Commissioner
Carey said she was polling the other counties at the FAC (Florida Association
of Counties) meeting to see if they had operated their own clinics, and when
she returned, she asked staff how it would work to have multiple cities and the
County doing that. She said she would
like to have some professionals respond to that. She stated while, in theory, it sounds like
it might be a good idea, she is not sure how it would work from a financial
structure.
Commissioner
McLean stated there some examples of the model going on in Ocoee now and there
is another clinic in Apopka. They appear
to be working out positively so far.
ACTING
COUNTY MANAGER’S REPORT
Mr. Forte
said the Board was just given a copy of the letter (copy received and filed)
that Tony Matthews drafted regarding the Rybolt Park DRI. Chairman Dallari said the letter does not
address any stormwater issues and he would like that added. Commissioner Carey corrected the sentence in
the second paragraph under the Seminole County East Rural Area section to read
“the County accepted a Rural Character Plan.”
She said the County never adopted the Plan.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to authorize the letter to be sent to Mayor
Crotty regarding the Rybolt Park DRI, as amended.
Upon
inquiry by Commissioner Henley, Chairman Dallari said the letter will also
address traffic.
Districts
1, 2, 3, 4 and 5 voted AYE.
CITIZENS’
COMMENTS
William
Morrisey, 922 Sandal Wood Drive, addressed the Board to state his concerns
regarding the Wayne Densch Performing Arts Center and its Board of
Directors. He identified areas where he
believes the Board of Directors are not following their own by-laws and his
concerns as follows: for the lapse of
liability insurance for three months; the Board ignoring an engineering report
citing the stage was unsafe; money appearing to be misspent and
misappropriated; suspicion of a Board member being a convicted felon;
deficiencies in work; removal of the Powells from the Board; and abuse of
positions by Board members and the President.
He provided copies of questions (copy received and filed) sent to the
Board of Directors since November 9 that he says have gone unanswered; copy of
the Board’s by-laws; the engineer’s report; e-mail from Mrs. Winesburgh saying
they had liability insurance when they didn’t; copy of the Sanford Herald
article which admits they did not have liability insurance; e-mail from the
office Aide to Mrs. Winesburgh.
Chairman
Dallari advised Mr. Morrisey that even though the Performing Arts Center
receives some funding from the County, there is no direct oversight by the
County BCC.
Commissioner
Carey said while there is no direct oversight from the BCC, a Commissioner does
serve on the Arts Center Board. These
are a lot of allegations and the County does give the Center public funds.
Commissioner
McLean stated these situations are always difficult to deal with, and he thinks
the Commissioners need to be careful. He
said this is not the entity to have this discussion. He said any time you deal with a volunteer
board and you ask individuals to handle the day-to-day operations of any
concern, sometimes there can be these type of challenges—misinterpretations and
misunderstandings of what people’s individual roles might be. He said they have attempted to have one
consistent voice to respond to some of the issues; some the Board of Directors
feel are legitimate and some they feel are less so. The three things they feel are important are
to deal with the legalities to be sure the Board is being run in a professional
manner; proper insurance to run the business; and also the safety aspect. He said the Board of Directors are working as
best they can with those areas. They
feel they have dealt with the legalities and do currently have all the
insurance that is felt necessary to have; and are in the midst of having
structural engineers look at the structure.
Commissioner
Henley said the Commissioners need to be very careful about using the Board and
public television for airing concerns for things they have no jurisdiction
over.
Chairman
Dallari advised Mr. Morrisey that the BCC would address whether they will
support the theater or not at the next budget session. Commissioner Henley said at that time, if the
Board wants to put any constraints on the money, that would be the time to do
it.
Marilyn
Maples, 306 W. 6th Street, addressed the Board to ask where they can
go. She said they have questions and
can’t get any answers.
Chairman
Dallari asked Mr. McMillan to respond to Ms. Maples. Whereupon, Mr. McMillan said he didn’t know
who would have jurisdiction over the kind of concerns Mr. Morrisey talked
about, but he can look at it and see if he can point them in some direction. They might need to talk to a private counsel
to see if they can bring action as Board members or if they are alleging
criminal activities, then they can go to the Sheriff or State Attorney’s
Office. He asked that a phone number be
left to call someone if his office comes up with any entity to assist them.
Speaker
Request Forms were received and filed.
-------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:19 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
er/cc