BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 23, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:35 a.m., on Tuesday, March 23, 2010, 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
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Commissioner
Carlton Henley gave the Invocation.
Robert
McMillan, County Attorney, led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Mclean,
seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-60, as
shown on page ________, recognizing Lake Mary High School’s Girls’ Basketball
Team for being the new 2010 6A District 3 Champions; and the new 2010 6A Region
1 Champions; and the 2010 6A Girls’ Basketball State Champions.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Coach Rick Weyers, who addressed the Board to express
his appreciation for recognizing the girls’ hard work.
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Motion by Commissioner Carey,
seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-58, as
shown on page ________, recognizing and commending teams and individuals; non-profits
and local businesses; faith-based and secular organizations; and public and
private sector alike, for their outstanding work and contribution to the relief
of the more than 9,500 Haitian earthquake evacuees that were flown into the
Central Florida area.
Districts
1, 2, 3, 4 and 5 voted AYE.
A video
was shown while Commissioner Carey read the resolution into the Record. The Resolutions were presented to Alan
Harris, Emergency Management, who addressed the Board to distribute the
resolutions to those organizations in attendance. He thanked the Board for giving them an
opportunity to thank their partners. He stated
they took in at least 50% of all the repatriated citizens and they treated a
lot of patients that came to the airport.
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Motion by Commissioner Henley,
seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-57, as
shown on page ________, recognizing Charles Shaw for 24 years of dedication and
service to Seminole County Government and its citizens, upon his retirement on
March 31, 2010.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mr. Shaw, who addressed the Board to briefly express
his appreciation. He said he would like
to thank his co-workers for putting up with him for 24 years.
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Motion by Commissioner Henley,
seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-61, as
shown on page _________, requesting support from the Florida Legislative
Delegation on behalf of all Floridians, for Florida’s Space Program.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-59,
as shown on page _________, proclaiming the week of April 11th
through April 17th, 2010 as Children’s Week in Seminole County; and
April 4, 2010 as Parents’ and Children’s Day in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Jennifer Small, who addressed the Board to express
her appreciation on behalf of the Child Abuse Task Force. She invited the Board to attend their Light
of Hope ceremony this Sunday, March 28, 2010 at 6:00 p.m. in Altamonte Springs.
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Motion by Commissioner Henley,
seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-62, as
shown on page _________, proclaiming April 2010 as National County Government
Month “Healthy Counties” in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Stephen
Stipkovits, Forest Director of Little Big Econ State Forest, addressed the
Board to state he is present to announce that the Little Big Econ State Forest
Management Plan Advisory Group and Department of Agriculture and Consumer
Services, Division of Forestry, is having a public hearing on their Management
Plan on Thursday, April 8, 2010 at 7:00 p.m. at the State Forestry office at
1350 Snowhill Road, Geneva, Florida. He
submitted an agenda, public notice, Florida Statutes 259.032(10)(b) and a draft
Ten-Year Resource Management Plan for the Little Big Econ State Forest (all
were received and filed).
COUNTY
MANAGER’S CONSENT AGENDA
Joe Forte,
Acting County Manager, addressed the Board to state he is pulling Item #6,
Approve formal participation of Seminole County in the Six County Purchasing
Cooperative; Interlocal Agreement of Cooperative Purchasing between
governmental entities in the Central Florida area, as the city of Orlando has
to make some minor changes. Staff will
bring that item back to the Board. He further
stated Item #11, Approve Seminole County/Florida Superior Properties Economic
Community Services, Inc. HOME Program and CDBG Program Senior Citizen Rental
Housing Development Subrecipient Agreement, will also be pulled and brought
back, as they are having some issues with HUD.
Commissioner
Carey requested that Item #7, Approve ranking list and staff to negotiate rates
for PS-4906-09, be pulled for a separate
vote.
Motion by Commissioner Carey,
seconded by Commissioner McLean to authorize and approve the following:
County Manager’s
Office
Purchasing &
Contracts Division
6. Pulled from the agenda request
to Approve
formal participation of Seminole County in the Six County Purchasing
Cooperative; Interlocal Agreement of Cooperative Purchasing between
governmental entities in the Central Florida Area.
8. Approve Termination for Cause of
CC-3705-08/RTB with Jacaranda Air Const., Inc. of Glen St. Mary, Florida, and authorize
staff to issue final notice of termination.
Community
Services
Community
Assistance Division
9. Approve and authorize the
Chairman to execute two (2) Modification of Mortgage Agreements, as shown on
page ________, pertaining to Patricia R. Holiday n/k/a Patricia Blacksheare.
10. Approve appointment of Carolyn F.
Jodjuan, as a representative for the low-income target areas of Sanford, to the
CSBG Advisory Board.
11. Pulled from the agenda request
to approve
and authorize Chairman to execute the Seminole County/Florida Superior
Properties Economic Community Services, Inc. HOME Program and Community
Development Block Grant Program Senior Citizen Rental Housing Development
Subrecipient Agreement.
Environmental
Services
Business Office
12. Approve the Release of Potable
and Reclaim Water & Sewer Capacity, as shown on page ________, for the
project previously known as Morgans Hammock.
13. Approve the Release of the
original Cash Maintenance Bond CK#9558 for the project known as San Pedro
Spiritual Center in the amount of $3,330.00.
14. Approve the Release of the
original Cash Maintenance Bond CK#107 for the project known as Aloma Park
Center in the amount of $2,761.89.
15. Approve the Release of the
original Maintenance Agreement for the project known as Fairwinds Credit Union
- Tuskawilla in the amount of $653.63.
16. Approve the Release of the
original Maintenance Bond #41086837 for the project known as Island Club in the
amount of $15,942.70, (Capitol Insurance Co).
Planning,
Engineering & Inspections
17. Approve and authorize the
Chairman to execute the Utility Work by Highway Contractor Agreement and
Resolution #2010-R-69, as shown on page ________, (At FDOT Expense).
Solid Waste
Management
18. Approve appropriate Resolution #2010-R-63,
as shown on page ________, assigning Service Area Numbers 1 (Waste Pro of
Florida, Inc.), 2 (Veolia ES Solid Waste Southeast, Inc.) and 3 (Waste Pro of
Florida, Inc.) for the provision of Residential Solid Waste Collection Services.
Fiscal Services
Business Office
19. Approval to partner with the
University of Florida to submit a second grant application to the Florida
Department of Children and Families requesting approximately $675,000 over a
3-year period through their Supplemental Nutrition Assistance Program; and
authorize the Acting County Manager to execute documentation as may be required
for the application.
Growth
Management
Planning & Development Division
20. Authorize Acceptance of Letter of
Credit #55104371 and Performance and Payment Agreement, as shown on page ________,
in the amount of $203,036.75 for roads; and authorize Release of Letter of
Credit #F850056 in the amount of $358,544 for Provenance Townhomes. (M/I Homes
of Orlando, LLC)
Leisure Services
Parks &
Recreation Division
21. Approve and authorize the
Chairman to execute the Transfer of Ownership Agreement, as shown on page
________, for the Sanford Herald documents with Seminole Newspapers,
Inc.
Public Safety
Business Office
22. Approve and adopt the updated
Local Mitigation Strategy (LMS) document and authorize Chairman to execute appropriate
Resolution #2010-R-68, as shown on page ________.
23. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-64, as shown on page
________, renaming a segment of Dodd Road to Heron Wood Place.
24. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-65, as shown on page
________, naming the realigned unnamed right-of-way to Kinsley Place.
EMS/Fire/Rescue
25. Approve and authorize the
Chairman to execute Interlocal Agreement, as shown on page ________, between
Orange County, City of Orlando and Seminole County regarding Central Florida
Urban Search and Rescue Team Consortium.
Public Works
Roads –
Stormwater Division
26. Approve and authorize the
Chairman to execute the National Atmospheric Deposition Program (NRSP-3)
Memorandum of Agreement, as shown on page ________, between Seminole County and
the University of Illinois for Reimbursement of Coordination and Chemical Analysis
Costs Related to Monitoring Site FL32 (Orlando); and authorize the Public Works
Director to execute future agreements for which specific funding has been
approved as part of the budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to
approve ranking list and authorize staff to negotiate rates for PS-4906-09/RTB
- Master Agreement for Mechanical, Electrical, and Plumbing Engineering
Services for Construction Projects Under $1,000,000.00 with Peninsula Engineering,
Orlando, Florida (Estimated Annual Usage Amount of $150,000.00), was presented.
Commissioner Carey stated due to the
economic times today, she has seen firms close their doors, and instead of
selecting one firm she would recommend selecting the top two firms so they
wouldn’t have to go through this process again.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to approve ranking list and authorize
staff to negotiate rates for PS-4906-09/RTB - Master Agreement for Mechanical, Electrical,
and Plumbing Engineering Services for Construction Projects Under $1,000,000.00
with Peninsula Engineering, Orlando, Florida, and TLC Engineering for
Architecture, Orlando, Florida (Estimated Annual Usage Amount of $150,000.00).
Under
discussion and upon inquiry by Commissioner McLean, Commissioner Carey advised the
point is to have someone else under contract where they can pick up the phone and
negotiate the contract without having to go through the process. She said there are a lot of things going on
and it would make sense to move through these expeditiously if they have
someone to fall back on if they need to.
Ray
Hooper, Purchasing Manager, addressed the Board to explain for Chairman Dallari
why one firm was chosen. He stated he
has no problem if the Board wishes to choose two firms.
Upon
inquiry by Chairman Dallari, Mr. Hooper advised the one firm they are
recommending has been around a long time, and staff will distribute the work
load evenly between the two firms.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS CONSENT AGENDA
Clerk’s
Office
Motion by
Commissioner Carey, seconded by Commissioner McLean to authorize and
approve the following: Expenditure Approval Lists, as shown on page ________, dated February 22 and March 1,
2010; Payroll Approval List, as shown on page ________, dated February 18, 2010; BCC Minutes dated February 23, 2010; and, noting, for information
only, the following Clerk’s received and filed:
1. Amendment
#3, as shown on page ________, to Work Order #1 for PS-1167-06.
2. Change
Order #2, as shown on page ________, to CC-4336-09.
3. Amendments
#3 and #4, as shown on page ________, to Work Order #33 for PS-1529-06.
4. Order
from Chief Judge Silvernail regarding appointment of Gerald S. Rutberg as
substitute member of the Seminole County Canvassing Board for 2010.
5. Amendment
#2, as shown on page ________, to Work Order #67 for PS-5120-02.
6. Work
Order #36, as shown on page ________, to PS-1501-06.
7. Work
Order #31, as shown on page ________, to RFP-4277-09.
8. Amendment
#1, as shown on page ________, to Work Order #27 for RFP-4277-09.
9. Amendment
#2, as shown on page ________, to Work Order #57 for PS-5120-02.
10. Recorded Termination of Reservation of
Right-of-Way, as shown on page ________, regarding Seminole County v.
Richard O’Dell, Sr., et al.
11. Drainage Easements, as shown on page ________,
for Marvin Mackeyroy and Tayuwanna Williams per Purchase Agreements approved by
the BCC on Jan. 12, 2010.
12. First Amendment, as shown on page ________, to
RFP-600103-06, McLane Excavating, Inc.
13. Fifth Amendment, as shown on page ________, to
IFB-600250-07, Applied Aquatic Management, Inc.
14. Tennis Developmental Instructor Agreement, as
shown on page ________, with Willy Frei.
15. Training Provider Agreement, as shown on page
________, with Florida Hospital College of Health Sciences, Inc.
16. Parks Contracts, as shown on page ________,
for Services with Brain L. Godwin; Virginia Toledo; Carol Wood; Lyndsay
Holcomb; Lee Harang; Ronald Yanko; Chad Creech; and Patricia Dale Moore.
17. Utility Agreement, as shown on page ________,
for Sewer Service with PA Marina, Inc.
18. Amendment #1, as shown on page ________, to
PS-5175-04, Reiss Environmental, Inc.
19. Amendment #1, as shown on page ________, to
PS-5173-04, Reiss Environmental, Inc.
20. Term Contract IFB-600727-09, as shown on page
________, with Revere Control Systems.
21. Work Order #1, as shown on page ________, to
PS-4202-09.
22. Letter from John F. Heatley, Marvin F. Poer
and Company, to Sandy McCann regarding 2010 VAB Suggestions.
23. Amendment #1, as shown on page ________, to
PS-5173-04, PBS&J.
24. Work Order #72, as shown on page ________, to PS-1074-06.
25. Work Order #40, as shown on page ________, to
CC-1741-07.
26. Change Order #14, as shown on page ________,
to RFP-0613-06.
27. Recorded Restrictive Use Covenants, as shown
on page ________, for Habitat for Humanity and Clarkson Concepts, Inc.
28. Work Order #32, as shown on page ________, for
RFP-4277-09.
29. Closeout, as shown on page ________, of Work
Order #18 for RFP-4277-09.
30. First Amendment, as shown on page ________, to
RFP-600104-06, AGIS-Florida Agency, LLC.
31. Work Order #5, as shown on page ________, to
RFP-4259-05.
32. Amendment #3, as shown on page ________, to
M-437-04, Lanier Worldwide, Inc.
33. Work Order #68, as shown on page ________, to
RFP-4214-04.
34. Amendment #2, as shown on page ________, to
Work Order #18 for PS-1529-06.
35. First Amendment, as shown on page ________, to
IFB-600009-06, General Elevator Sales & Service, Inc.
36. Work Order #25, as shown on page ________, to
PS-5175-04.
37. Amendment #1, as shown on page ________, to
Work Order #65 for PS-1074-06.
38. Customer Agreement, as shown on page ________,
for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and
Spray Easement with Orange 46 Plaza, LLC.
39. Change Order #5, as shown on page ________, to
CC-2938-07.
40. Amendment #1, as shown on page ________, to
PS-5173-04, AECOM USA, Inc.
41. First Amendment, as shown on page ________, to
IFB-600591-09, Vulcan Signs.
42. Letter to David Butler, Dept. of Revenue,
regarding Certifications of the 2009 VAB for Real and Tangible Personal
Property, as shown on page _________.
43. Work Order #33, as shown on page ________, to
CC-1284-06.
44. Certified Copy of Participation Agreement, as
shown on page ________, with Symetra Insurance as approved by the BCC on
December 8, 2009.
45. U.S. 17-92 CRA Annual Report for Fiscal Year
2008-2009.
46. Closeout, as shown on page ________, of
CC-3220-08.
47. Corrective Restrictive Use Covenants, as shown
on page ________, for Miller Construction Services, LLC.
48. Amendment #1, as shown on page ________, to
Work Order #7 for PS-5140-03.
49. Parks Contracts, as shown on page ________,
for Services with John Fiorenza, Peter Donald Gillich; James R. Stiles; Daniel
Tucker; Rodney Bryant; and Erskine Callaway.
50. Amendment #1, as shown on page ________, to
M-600201-07, M.M. McCullough.
51. Work Order #6, as shown on page ________, to
CC-3321-08.
52. Amendments #2, as shown on page ________, to
CC-1075-06 for AJ Construction, APEC, Central Florida Environmental, JCB
Construction, and Southland Construction.
53. Amendment #2, as shown on page ________, to
Work Order #94 for PS-5150-03.
54. Training Provider Agreement, as shown on page
________, with Central Florida Institute, Inc.
55. Change Order #1, as shown on page ________, to
CC-4754-09.
56. Change Order #1, as shown on page ________, to
CC-4864-09.
57. Amendment #2, as shown on page ________, to
Work Order #27 for RFP-4277-09.
58. Bids as follows: PS-5116-10, IFB-600830-10, CD’S of
Solicitation Files for PS-3488-09, PS-4650-09, CC-5048-09, and CC-5018-09.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Bill McDermott, Economic Development Manager, addressed the Board to
present request to approve a resolution recognizing Pershing, LLC as a QTI and
providing an appropriation of $180,000 as local participation in the QTI tax
refund program. He introduced two
members of Pershing LLC in attendance.
He stated Pershing will be adding 300 jobs and the average salary is
$44,199.
Commissioner
McLean complimented Mr. McDermott and his team for bringing this together.
Motion by Commissioner Carey, seconded by Commissioner McLean to adopt
appropriate Resolution #2010-R-66, as shown on page ________, recognizing
Pershing, LLC as a QTI and providing an appropriation of $180,000 as local
participation in the QTI tax refund program.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
The Board noted the Informational
Budget Amendment Status Report FY 2009/10 - for the period ending
February 28, 2010.
CHAIRMAN’S
REPORT
Chairman
Dallari stated the Board approved the bond paying agreement with TD Bank during
the last meeting and there were some questions during the signing of the bonds. He asked that Maryanne Morse, Clerk of
Circuit Court, address the issues as he was not aware of some of the delicacies
of same.
Maryanne
Morse, Clerk of Circuit Court, addressed the Board to state there was nothing
wrong with the bond issue they just closed on.
She stated this deals with the paying agents for all the existing
bonds. She said they have three
different paying agencies with the bonds, and the proposal that was made,
unrelated to the existing bond, was to change that paying agent to one sole
source and she has some concerns with that.
She stated the second issue is she questioned Mr. Akers yesterday
relative to the necessity to transfer or change paying agents on two bonds that
will mature in 2012 and 2013. She said
he concurred at that time that it didn’t make sense to change the paying agent
when there were only two or three payments left. The third issue is she is in the process of
concluding a cost benefit analysis. Mr.
Akers didn’t make a formal recommendation nor did he do a cost benefit
analysis. In six of these bonds, they
will be paying more than what they are currently paying on each single bond. In addition to that, with a recommended
paying agent, they would have the ability to renegotiate the dollar amount at
the conclusion of three years. She
stated it is her understanding that this recommendation does bear a transparency
issue in that the recommended paying agent has had a relationship with the
financial consultant. She said those are
her primary concerns and she will be happy to share with the Board the cost benefit
analysis when it is completed. She added
she has a meeting scheduled this Thursday to go over some of these issues.
Upon
inquiry by Commissioner McLean, Ms. Morse advised it may be more dangerous to
streamline everything. She stated they
have a banking relationship with Wachovia Bank.
Wells Fargo now owns Wachovia and they also have a banking relationship
with them. They were one of the bidders
on this and no negotiations were suggested, and she was not made aware that this
was coming up until she was asked to sign a letter at the time of the bond
closing, and that concerns her. She said
with the way the economy is today, she doesn’t believe it is a good idea to put
all their eggs in one basket.
Commissioner
Carey stated this was on the agenda and she reviewed the cost analysis when it
was brought before her. She said they
had issues where a paying agent was overpaid and another didn’t get paid
because they didn’t send a notice. She
stated some of the paying agents are a result of banks being taken over by
other banks, but this is a contract with the BCC. She said she made her decision on what she had
seen before and she would love to hear if the Clerk has something different to
add, but, at this point, she would like to see the Board’s decision stand.
Gary
Akers, Financial Advisor, Southwest Company, addressed the Board to state they bid
the services for a paying agent for the least costly fee in doing the bond
issue. Fiscal Services asked his firm to
get bids on consolidating these services with one bank as opposed to dealing
with three different banks. He stated
the objective was to provide an administrative efficiency and the goal was not
necessarily to save them a tremendous amount of money. He said he has had experience with a number
of paying agents as well as Bank of New York, U.S. Bank and TD Bank. A spread sheet was presented to the Board on
March 9 and TD Bank was not the lowest, but their fee was $350. In looking at what the County had been
paying, that is less than what they have been paying. He said he feels that the staff’s intent to
consolidate and improve these services was good.
Upon
inquiry by Commissioner Carey, Ms. Morse advised there are two bonds that only have
two or three payments left.
Commissioner
Carey stated it may not make sense to move the ones that have two or three
payments left. She requested staff find
out what those are and how many payments remain.
Upon
inquiry by Commissioner Carey, Mr. Forte advised he believes if the letters are
not executed, everything would stay the same except for the new bond paying
agent. If no action is taken, the paying
agent will remain on the existing bonds.
The discussion today is whether or not they want to consolidate.
Chairman
Dallari stated since some questions were raised at the bond signing, he wanted
to make sure the Board was aware of all issues and there were no additional
concerns. Since it was not time
sensitive, he felt it was important to come to the Board to make sure there was
consensus to move forward or to reevaluate it.
Ms. Morse
stated the issue is if the two bonds that mature in 2012 and 2013 are not
included in this, then the letter needs to be redone. In addition to that, 50% of these bonds will
be paid a higher amount than they currently pay.
Commissioner
Carey stated she made her decision at the last meeting based on the information
staff gave them.
Mr. Akers
stated the fees for these services are very low. He added that what he has found from time to
time is one of the banks will try to pass on expenses in excess of what their
fee is.
The consensus
of the Board was to authorize the Chairman to execute the document per the March
9 agenda item.
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Chairman Dallari recessed the meeting at 10:30
a.m., reconvening
at 1:30 p.m. with all Commissioners and all other Officials, with the exception
of Clerk Maryanne Morse who was absent, and Deputy Clerk Eva Roach who was
replaced by Deputy Clerk Carylon Cohen, who were present at the Opening
Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Henley, seconded
by Commissioner McLean, to authorize filing the proofs of publication for this
meeting’s scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
EAGLEWOODS TRAIL SMALL SCALE
LAND USE AMENDMENT/HUGH
HARLING, Continued
Continuation
of a public hearing from February 23, 2010, to consider the Eaglewoods Trail
Small Scale Land Use Amendment from SE (Suburban Estates) to LDR (Low Density
Residential) on 9.98 acres located on the south side of Eaglewoods Trail,
approximately ¼ mile east of Sipes Avenue; as described in the proof of
publication, Hugh Harling.
Jeff
Hopper, Planner, addressed the Board to present the request, stating this
request would amend the Future Land Use Map to allow an increase in residential
density, but is limited to single-family use.
He said any increase in density on the site would require an application
for rezoning, which is not being requested at this time. He advised the applicant’s request for LDR is
consistent with the Comprehensive Plan and transitional land use
guidelines. He said the staff recommends
approval of the request.
Hugh
Harling, Harling, Locklin & Associates, applicant, addressed the Board to
distribute copies (received and filed) of the site plan and a letter from some
of the residents. He stated he has been
working with this community for about eight months and one of the things they
requested was that they work with the people adjacent to the Kentucky
property. He referred to the letter from
some of the residents and said there is support from the community. Mr. Harling referred to the site plan and
described what’s on the property at this time.
He explained he has tied the two properties together with a road system
and utilities; and said they will bring a fire hydrant to the Eaglewoods area
and that will lower the insurance requirements for all the homeowners within
1,000 feet. He said they have done
everything they can with the community.
Commissioner
Carey referred to the letter from the residents and said, from her
conversations with the residents, they support doing the same thing on the Lenz
property that is being done with Kentucky Square. The residents were specific when the Kentucky
Square development came through about the 2 to 2½ units per acre. She said that is probably something he will
have to consider. She asked Mr. Harling
if, as part of this development, he is proposing to pave from Beardall Avenue
past the development.
Mr. Harling advised there is not
appropriate right-of-way on Eaglewoods Trail to do anything other than what
exists there now. If anything is done,
it would require additional right-of-way and road improvements, if it does not
tie into the property to the north. If
it does tie into the property to the north, it will be accessing onto Kentucky
Street, and that would not be a problem.
He said the people living east and west of this site would continue to
have the same access as they have now.
Commissioner
Carey advised that she is willing to support the Low Density Residential
because that’s the only option they have from Suburban Estates, but as the
development moves forward, she will be looking for the 2 to 2½ units per acre.
Mr. Harling stated what he showed
in the site drawing is 2½ units per acre.
He discussed the lot sizes for Commissioner Henley.
No one
spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to approve and enact Ordinance #2010-3, as shown on
page _______, for a Small Scale Land Use Amendment from Suburban Estates (SE)
to Low Density Residential (LDR) on 9.98 acres located on the south side of
Eaglewoods Trail, approximately ¼ mile east of Sipes Avenue; as described in
the proof of publication, Hugh Harling, based on staff findings and the Board
comments.
Districts
1, 2, 3, 4 and 5 voted AYE.
JORGENSEN SMALL SCALE FUTURE
LAND USE
MAP AMENDMENT
AND REZONE/DAVE AXEL
Proof of
publication, as shown on page _______, calling for a public hearing to consider
the Jorgensen Small Scale Future Land Use Map Amendment from SE (Suburban
Estates) to IND (Industrial) and Rezone from A-1 (Agriculture) to PCD (Planned
Commercial Development) for 3.15 acres located southeast of the intersection of
Oklahoma Street and CR 426, and approval of the Preliminary Site Plan, Dave
Axel, received and filed.
Ian
Sikonia, Planner, addressed the Board to present the request, stating the
applicant is proposing to develop a light industrial complex consisting of two
buildings. He said staff finds that the
zoning and Industrial land use are compatible with the surrounding area. He advised the staff received one e-mail (copy
received and filed) from a citizen with concerns regarding the stormwater
run-off for this development. The
Planning & Zoning Commission met on February 3, 2010, and voted 6 to 0 to
recommend approval of this request with one additional condition that light
bleed from the development shall not exceed .5 foot candles at the external
property lines. He stated the staff
recommends approval of the requested amendment to Industrial and rezoning to
Planned Commercial Development.
Upon
inquiry by Commissioner McLean, Mr. Sikonia explained how the noise and light
issues addressed at the P&Z Commission meeting will be dealt with.
Upon
inquiry by Commissioner Carey, Mr. Sikonia explained when the stormwater will
be dealt with and that the rules require the applicant to hold the stormwater
on site.
Dave Axel,
applicant, 1757 W. Broadway, addressed the Board to state he concurs with the
staff recommendations and he has no objection to the additional recommendation
from the P&Z Commission.
Upon
inquiry by Commissioner McLean, Mr. Axel discussed stormwater control for any
future land use.
Upon
inquiry by Chairman Dallari, Mr. Axel stated he is aware the city of Oviedo has
frontage property adjacent to the subject property, but there are no immediate
plans to use it.
No one
spoke in support or in opposition.
Motion by Commissioner McLean, seconded
by Commissioner Henley, to approve and enact Ordinance #2010-4, as shown on
page _______, for the Jorgensen Small Scale Future Land Use Map Amendment from
SE (Suburban Estates) to IND (Industrial); and enact Ordinance #2010-5, as
shown on page _______, rezoning from A-1 (Agriculture) to PCD (Planned
Commercial Development) for 3.15 acres located southeast of the intersection of
Oklahoma Street and CR 426; and approve the Preliminary Site Plan, subject to
the conditions in the Development Order, as shown on page _______; as described
in the proof of publication, Dave Axel, based on the staff comments, and the
P&Z and Board comments.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND ABANDON/THELMA
KNUDSEN,
LIFE ESTATE
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of a Resolution to vacate and abandon a part of the 15’ wide
unimproved, unnamed alley lying south of Lots 13 through 15 and a part of the
unimproved public right-of-way known as Knudsen Drive, lying east of Lot 13,
Lordland Subdivision, according to the plat thereof as recorded in Plat Book 8,
Page 89 of the Public Records of Seminole County, Florida; located
approximately ¼ mile east of Sanford Avenue and approximately 212 feet north of
E. Airport Boulevard, Sanford, Florida, in Section 6, Township 20 S, Range 31
E, Thelma Knudsen Life Estate, received and filed.
Cynthia
Sweet, Senior Planner, addressed the Board to present the request, stating the
applicant is requesting to vacate and abandon the public right-of-way and alley
to combine them with the adjacent properties known as Countryside Mobile Home
Park. She advised staff has no
objections to the vacate and abandonment and recommends the Board adopt the
Resolution as requested by the applicant.
Upon
inquiry by Commissioner Carey, Ms. Sweet confirmed that the applicant owns Lots
13, 14 and 15 on the north side, and no road exists there today.
Upon
inquiry by Chairman Dallari, the applicant did not wish to make a presentation.
No one
spoke in support or in opposition.
Upon
inquiry by Commissioner Carey, Ms. Sweet discussed that she had received a
phone call from a citizen who had a concern with public right-of-way becoming
private property. (Memorandum from Ms.
Sweet noting a phone call was received was filed in the Record.)
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to adopt appropriate Resolution #2010-R-67, as
shown on page _______, vacating and abandoning a part of the 15’ wide
unimproved unnamed alley lying south of Lots 13 through 15 and a part of the
unimproved public right-of-way known as Knudsen Drive, lying east of Lot 13,
Lordland Subdivision, according to the plat thereof as recorded in Plat Book 8,
Page 89 of the Public Records of Seminole County, Florida; located
approximately ¼ mile east of Sanford Avenue and approximately 212 feet north of
E. Airport Boulevard, Sanford, Florida, in Section 6, Township 20 S, Range 31
E; as described in the proof of publication, Thelma Knudsen Life Estate.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT, Continued
Chairman
Dallari stated he had some discussions with the School Board in reference to
the One Cent Sales Tax renewal and was informed that they were taking that
issue to the Envision Seminole meeting that was held this past Friday. He asked Commissioner Van Der Weide to give
an update on that meeting.
Commissioner
Van Der Weide stated the School Board and Envision Seminole realize that the
school system can go forward on their own for a half cent tax, and they seem to
be interested in doing that. He said the
Chairman will receive a request from the Mayors to meet with the County
Commissioners. He sees the issue as the
Mayors are looking for something, and he told them he doesn’t see the Board
moving for an interlocal agreement with the cities because the County has other
issues like commuter rail to take into consideration. He thinks the school system is going to their
board to get a resolution and will probably move without the County, and the
cities are looking to have a joint meeting with the BCC regarding their
issues.
Chairman
Dallari said he had not received a request yet.
He said he recalls from the last meeting with the School Board, that
they were to try to meet again in May.
He was looking to receive the requested information from the School
Board before reconvening a meeting in May.
Commissioner
Van Der Weide advised the School Board is looking for someone to fund the poll
as they don’t feel like they can afford to do it. At the Envision Seminole meeting, Mayor Bush
said they don’t need to go with a poll.
Commissioner Van Der Weide said he didn’t see at that time any interest
in Envision Seminole funding the poll.
Commissioner
Carey stated she was looking to receive from the cities an update on their list
of projects that had been approved by the voters in the last penny sales
tax. Chairman Dallari said he does have
that information, but he was waiting to get the whole list together before
forwarding the information to the Board.
Commissioner Carey said she was under the impression they would meet
again in May with the School Board, but if the School Board is going to move
forward, that is a surprise to her. She
is also surprised, based on the position that Envision Seminole took on this,
that they are not interested in helping to fund a poll.
Commissioner
Van Der Weide stated he doesn’t see the vehicle that the cities have to
schedule a joint meeting with the County, because they go through the Mayors
and Managers’ meeting, so he’s not sure the cities can do that. He said maybe that’s the delay.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Copy of letter dated March 9, 2010, from
Chairman Dallari to Mayor Mealor, City of Lake Mary, re: Downtown Master Plan. (cc: BCC,
County Manager, Growth Management)
2. Letter dated March 12, 2010, from Congressman
John Mica to Chairman Dallari re: Earmark
requests for the balance of this legislative session. (cc: BCC,
County Manager)
3. Notice dated March 16, 2010, from City of
Lake Mary re: Notification to abutting
property owners of zoning approval to Assured Aluminum and Screen/Scott Neely. (cc: BCC,
County Manager, Growth Management)
4. Notice received March 15, 2010, from East
Central Florida Regional Planning Council re: East Central Florida 2060 Policy Plan Meeting
being held on Wednesday, March 17, 2010. (cc: BCC, County Manager, Growth Management)
DISTRICT COMMISSIONERS’
REPORTS
Commissioner
McLean corrected that when he read the Resolution this morning for the Lake
Mary Girls’ Basketball Team, he mentioned the Lake Mary Soccer Team and that
should have been the Golf Team.
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Commissioner
Henley stated he thinks the Board needs to express its response to the action
the Legislature is about to take. The
House Transportation and Economic Development Committee has indicated plans to
take $428,000,000 directly out of the Transportation Trust Fund. He said if that happens, the only money DOT
has will cover existing contracts, and there will be no new roads. All the projects that MetroPlan is dealing
with will be pushed back. He said to
him, this doesn’t make sense since the Legislature is talking about trying to create
jobs, and every time they take money out of transportation, that push projects
that create jobs farther and farther out.
He thinks the Board needs to let their Legislative Delegation know how
they feel about this action.
Upon
inquiry by Chairman Dallari, the Board had no
objections to sending a letter to the Legislative Delegation. Chairman Dallari added that the letter will
be sent to the County’s lobbyists, as well as the Legislative Delegation, this
week.
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Commissioner
Carey reported at the last MetroPlan meeting, Mayor Glancy of Casselberry objected to some changes that were
happening in DOT’s work program; and as a result of some of the funding being
moved around, the flyover over SR 436 has been pushed out. Another segment of 17-92 from Shepherd Road
to Lake Mary Boulevard that was critical to be improved is being funded. She said there are a lot of projects moving
around as a result of the funding changes in Tallahassee that will have some
definite impacts on the local projects in the County.
Commissioner
Henley reported on another potential item that is going to impact the
Transportation Department. He said the
County is being asked to amend the Commuter Rail Agreement. He spoke to Congressman Mica yesterday
because it had been presented to them that FTA (Federal Transit Authority) was
demanding this be done. He asked to see
a copy of the demand letter, which was provided to him, and he did not
interpret it as a demand but as a concern about two items. One being a control over the locals having to
pick up the overruns; and the other item being the right to opt out if it
becomes unsustainable. He discussed this
with Congressman Mica; and he had a meeting with Noranne
Downs and her Lieutenant regarding the comments he raised at the last rail
meeting. He expressed he did not like
that DOT would be making all the decisions up to the point that the County
would take over, with the County not having any influence or input. He said Ms. Downs indicated if the locals are
not willing to do that, they would have to take the money out of the
Transportation Fund, which would push projects farther back. Commissioner Henley said he wanted the Board
to be aware that their attorneys are still working with them to try to resolve
this issue.
Commissioner
Carey stated she thinks it’s important that the Board not sit on the sidelines
for the next seven years. She will be
curious to know how they come back with a resolution for that. Discussion continued.
Commissioner
Van Der Weide asked will the Board receive reports of every meeting relative to
what’s going on in Tallahassee, and what may or may not affect the County; and
Chairman Dallari said they will.
Whereupon, Commissioner Van Der Weide said they need to monitor the
gambling issue that is constantly coming up.
He also said, regarding the employee benefits for retirement, if
something comes that forces a lot of the old-time employees to retire
immediately, that is going to put a big whole in experience in all
counties. They really need to monitor
and openly talk about that, because it could be a potential nightmare.
Chairman
Dallari directed Mr. Forte to make sure staff keeps the Board abreast of those
issues.
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Commissioner
Carey said regarding SB 570, Recycling for Solid Waste, there is talk about
making some amendments. She said FAC has
taken a position on this. From what she
can glean, this is another unfunded mandate and will have a significant impact
on the County. She would like this to be
monitored very closely. She stated the
septic tank issue is even more disturbing, and she would like for the Board to
consider taking a position on it. She
said Senator Constantine has been having meetings to talk about the development
of a responsible management entity. She
discussed the document given to the Markham Woods Homeowners Association to
talk about the creation of legal authority created by local governments in a
public/private partnership for the purpose of providing a high level of septic
tank management. She stated this is an
unfunded mandate and another bureaucracy at work. She said they really need to watch this
proposal, and she will provide a copy of it to the Commissioners.
Commissioner
McLean stated he was in Tallahassee for three days last week, and it appears
that Senator Constantine’s initiative is running into greater and greater
resistance on the House side. It appears
it does not have the momentum it did this time last session.
Commissioner
Henley stated he thinks the Board needs to communicate their feelings to the
Legislative Delegation.
Chairman
Dallari asked if he’s hearing the Board’s consensus
to send a letter to the Legislative Delegation.
Commissioner Carey stated she thinks that would be appropriate, and she
offered her help in getting some information to the Chairman’s office to aid in
drafting the letter.
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Commissioner
Carey announced the 9th Annual Teal Magnolia Luncheon this Saturday
to benefit the Ovarian Cancer Alliance of Florida. She said there are still opportunities for
sponsorships and individual tickets are still available.
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Commissioner
Carey announced the 12th Annual Boy Scouts Golden Eagle Dinner to be
held on April 8 to raise money to continue to provide scouting to the less
fortunate children in the community.
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Commissioner
Carey wished everyone and their families enjoyment during the celebration of
Easter and Passover beginning next week.
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Chairman
Dallari advised during lunchtime, he received a phone call regarding Florida
United Way. The United Way is applying
for a grant for Osceola Orange in Seminole County and is asking for a letter of
support from the Board. He said the only
issue he has is the document says a minimum matching fund of $250,000 and it
doesn’t say from whom.
Commissioner Carey asked the
Chairman if he could confirm with United Way if they have the matching
grant.
Commissioner Henley suggested
sending a letter of support for the grant minus any involvement of financing by
the County. Whereupon, Chairman Dallari
said he will forward a copy of the letter to each Commissioner.
COUNTY
MANAGER’S REPORT
ACM Joe
Forte asked Assistant County Manager Sabrina O’Bryan to give an update on the
legislative items.
Ms.
O’Bryan addressed the Board to state she has a regular item on the agenda for
April 13 for the legislative items. She
advised the report for Week 2 did not get delivered to the Board until Monday
because the committees were not quite finished with their updates. She said she may have to provide what
information she has on Fridays and then provide further updates on
Mondays.
Ms.
O’Bryan reviewed the Conflict Councils update, stating there has been a ruling
recently by the Legislature to acknowledge the argument by the counties was
validated and they were removing from the statutes the requirement for the
counties to pay for the Conflict Councils.
Regarding SB 610, she said the County supported a Resolution for that
and she will make sure the County’s lobbyists have that information. She advised Commissioner Carey that she
received information late yesterday for SB 550, Septic Tank issue, and she has
forwarded that to three departments for staff to do an analysis on the bill;
and she will forward that information to the Board. She said she understands that Seminole County
has been identified as one of 19 pilot counties. Ms. O’Bryan said HB 1441, Internet Poker, is
currently sitting in a committee and there has not been any movement on that
since March 10. She said staff did
reiterate with the lobbyists that that is a provision in the County’s Charter,
so they are aware to monitor that and let staff know if there is any activity
on that bill. She advised Commission Van
Der Weide she will check that the lobbyists do not have any conflict on that
issue. Ms. O’Bryan reported that Library
funding has been reduced in the House and Senate budgets. It looks like the discussions will continue
on that item, and this has an approximately $175,000 impact on the County’s
funding received. Ms. O’Bryan said proposed
Committee Bill 23 deals with the technology with the voting system for the
Supervisor of Elections, and there is an opportunity to defer the
implementation of the new equipment in Year 2012 and push that out to
2016. If the County can take advantage
of that, it would defer an expense of about $75,000. Regarding TABOR, Joint Resolution 2420, there
is a meeting scheduled today and she is expecting a strike of the language to
pull out local and county governments and leave the language specific to the
State only. However, Ms. O’Bryan said
she believes if the State has to reduce their expenditures, that will still
trickle down to the County. She is
monitoring that and has asked FAC to analyze the bill more closely also. Ms. O’Bryan stated a Committee substitute was
filed on HB 1109 and she received a copy yesterday and forwarded it to
Environmental Services for their review and analysis. She said a conference call is scheduled
Friday regarding SB 570 on recycling.
Staff is making arrangements to participate on that call. She advised Commissioner Carey that Mr. Neff
and Mr. Edwards have both been engaged on this issue. She stated she will provide the Board with an
update after the conference call on Friday.
Ms. O’Bryan further advised there was a second Committee substitute
filed yesterday afternoon on SB 742 regarding Public Safety and
Telecommunications requirements for training, and she sent that today to Public
Safety for their review. She will update
the Board after she and Public Safety have had an opportunity to review the
information. Ms. O’Bryan said she
followed up with Chief Fleming regarding HB 445, Pre-Trial Detention and
Release, and Ms. Fleming is concerned that this is a negative impact on the
Jail population and it has the potential to increase the length of stay. She said she will continue to monitor this and
she has shared some comments with FAC.
Upon
inquiry by Commissioner Henley, Chairman Dallari said he thinks it would be
appropriate to have the lobbyists to contact Representative Dorworth regarding
HB 445. The Board had no objections.
Ms.
O’Bryan reviewed SB 1752, Jobs and Economic Development Bill, stating a section
of the bill gives concern for the County related to permitting. She advised because the Board did not meet
since March 9, staff went ahead and connected FAC with the lobbyist to further
discuss this issue. This is a potential
for an unfunded mandate. She said Kim
Ornberg, Public Works and the Florida Stormwater Association are heavily
involved in this issue. Ms. O’Bryan
advised there are four or five bills regarding Florida Retirement. She believes, from conversations with FAC,
that HB 1319 will be stricken entirely, and SB 1902 is being looked at as its
replacement. Staff will continue to work
with the County Attorney’s Office to identify how the five-year calculation
might impact Seminole County.
Commissioner
McLean commented on the TABOR bill that if this gets passed in any form, it
could completely change the game for local governments. He thinks it should be one of the many
priorities they have.
COUNTY
ATTORNEY’S REPORT
Mr.
McMillan advised on the Todd foreclosure, a judgment of foreclosure has been
entered and the sale is scheduled for May 11.
Staff will come back to the Board to determine if they wish staff to bid
at the sale, and if the County takes ownership, would the Board want to tear
down the building. He said he is
preparing an agenda item to present before May 11 for direction.
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Commissioner
Carey discussed the County’s Roumillat building that is sitting empty, and she
asked Mr. Forte to give the Board an update in two to four weeks about those
types of facilities that are just sitting around. She would like to know what the plan is for
disposal or utilization of those facilities.
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Commissioner
Van Der Weide said he thinks they need to see if anything has changed on
Committee bills; and when the last date is that the Legislators can file new
bills, and does or does not that include the Committee bills. Chairman Dallari said staff will check into
that.
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Chairman
Dallari reminded the Board of the Budget Work Session to be held upstairs
immediately following this meeting.
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There
being no further business to come before the Board, the Chairman adjourned the
meeting at 2:41 p.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
er/cc