BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
APRIL
13, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, April 13, 2010, in Room #1028 of 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)
Acting
County Manager Joe Forte
County
Attorney Robert McMillan
Deputy
Clerk Sandy McCann
Pastor
Jody McKewen, First Presbyterian Church, Sanford,
gave the Invocation.
County
Attorney Robert McMillan led the Pledge of Allegiance.
The
Chairman announced he was just informed by Public Safety Director Tad Stone that
missing eleven-year old Nadia Bloom from Winter Springs has been found
safe.
AWARDS
& PRESENTATIONS
Motion by Commissioner Henley, seconded
by Commissioner Carey to adopt appropriate Resolution #2010-R-70, as shown on
page _______, proclaiming the month of April as Water Conservation Month in
Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Debbie Meinert of Environmental Services, who
addressed the Board to express her appreciation for the Board’s support.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-72, as
shown on page _______, recognizing Paralyzed Veterans of America and
proclaiming the week of April 11 through 17, 2010 as Paralyzed Veterans of
America Awareness Week in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Steve Kurt who addressed the Board to express his
appreciation.
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Motion by Commissioner McLean, seconded
by Commissioner Carey to adopt appropriate Resolution #2010-R-74, as shown on
page _______, proclaiming and celebrating April 11 through 17, 2010 as National
Library Week in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Regina Bereswell representing
the Library Advisory Board. Ms. Bereswell addressed the Board to express her appreciation
and to report that the Friends of the Library raised $1,000 on the first day
their book shop was open.
Chairman
Dallari asked Ms. Bereswell to give the Library
Advisory Board and The Friends of the Library members the Board’s sincere thanks
for all they do.
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Motion by Commissioner Carey, seconded
by Commissioner McLean to adopt appropriate Resolution #2010-R-71, as shown on
page _______, proclaiming April 13, 2010 as Guardian Ad Litem Day in Seminole
County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Nadine Miller, Guardian Ad Litem Office, who
addressed the Board to express her appreciation to the Board and to all the
volunteers who give their time working with these children.
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Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2010-R-73, as
shown on page _______, proclaiming April 24, 2010 as Beta Sigma Phi Founders
Day in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S CONSENT AGENDA
Commissioner
Carey requested that Item #36, LAP Agreement with FDOT for SR 46, be pulled for a separate discussion.
Upon
inquiry by Commissioner McLean with regard to Item #12, IFB-600847-10/GMG,
Demolition Services, Purchasing Manager, Ray Hooper, addressed the Board to
advise both firms being awarded have not worked for the County before.
Commissioner
McLean complimented staff for keeping the administrative expenses under 10%
with regard to Item #15, SHIP LHAP 3-year plan.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to approve and authorize the following:
County Manager’s
Office
Purchasing &
Contracts Division
6. Approve
Second Assignment, as shown on page _______, of IFB-600282-07/TLR – Term Contract
for Tree Trimming and/or Removal and Stump Grinding from The Brickman Group,
LTD, LLC, Gaithersburg, MD to Enviro
Tree Service, Inc., Winter Park.
7. Approve
Change Order #2, as shown on page _______, to CC-4847-09/JVP – Howell Creek
Trestle Bridge Rehabilitation with Gibbs & Register, Inc. of Winter Garden,
in the amount of $36,900.
8. Approve
formal participation of Seminole County in the Six County Purchasing
Cooperative; and authorize the Chairman to execute Interlocal Agreement of
Cooperative Purchasing, as shown on page _______, between governmental entities
in the Central Florida Area.
9. Approve
ranking list and authorize staff to negotiate rates for PS-4736-09/RTB –
Architectural and Engineering Services for Construction Projects Under
$2,000,000.00 with C.T. Hsu & Associates, P.A. of Orlando, and Baker
Barrios Architects, Inc. of Orlando (Estimated Annual Usage Amount
$300,000.00).
10. Approve ranking list and authorize staff to
negotiate rates for PS-5116-10/JVP – Construction, Engineering and Inspection
Services for the SR 436 & Red Bug Lake Road Interchange and SR 436
Resurfacing with Wilbur Smith Associates of Orlando (Estimated Term Usage
Amount of $2,950,000.00).
11. Approve Work Order #7, as shown on page
_______, for PS-5173-04/AJR – Continuing Professional Services in the amount of
$142,164.73 with PBS&J of Orlando.
12. Award IFB-600847-10/GMG – Term Contract, as
shown on page _______, for Demolition Services to Clean Site Services, Inc., Orlando
(Primary Contractor) and Champion Fence & Welding, LLC, Winter Springs
(Secondary Contractor).
13. Award RFP-600729-09/TLR Contract, as shown on
page _______, Fire Stations Alerting (Tone-Out) System for Seminole County in
the amount of $531,325.00 to DCR Engineering Services, Inc., Mulberry, FL.
Community
Services
Business Office
14. Approve and authorize the
Chairman to execute the Seminole County Health Department Memorandum of
Agreement, as shown on page _______.
Community
Assistance Division
15. Adopt appropriate Resolution #2010-R-76,
as shown on page _______, approving the 3-year SHIP Local Housing Assistance
Plan (LHAP) for program years 2010/2011, 2011/2012, and 2012/2013; reaffirming
authorization of administrative expense funding to an amount not more than 10%
of Seminole County’s distribution; and authorize staff to submit the LHAP to
the Florida Housing Finance Corporation for review.
16. Approve and authorize the
Chairman to execute the following Satisfactions of Mortgage, as shown on page
_______, for households assisted under the County’s Home Ownership Assistance
Program or the Emergency Repair Housing Program: Claudia Torranzo, Timmi & Rose Arthur, Lou Etta Burke, Emma Johnson,
Louis Gordon Sullivan, Sr. & Patricia Ann Sullivan.
17. Approve and authorize the
Chairman to execute the CSBG-R Day Camp Provider Agreements, as shown on page
_______ with the City of Oviedo and the City of Longwood in Seminole
County.
Environmental
Services
Business Office
18. Approve and authorize the
Chairman to execute the Conditional Utility Agreements, as shown on page
_______, for Water & Sewer Service for the project known as Rockefeller
Group.
19. Approve the Amendment to
Conditional Utility Agreement, as shown on page _______, for Potable and
Reclaimed Water Service, Revised Exhibit G Water Agreement (Reclaimed) and
Amendment to Conditional Utility Agreement for Sewer Services (NW 46 LTD, JLY
Group Limited, Jerome & Lona Youderian).
20. Approve the Release of the
original Maintenance Bond #98 NX 3560 0 for the project known as Willow Creek
Church in the amount of $1,178.50.
Planning,
Engineering & Inspections
21. Approve and authorize the
Chairman to execute the Agreement For The Termination
of Utility Easement, as shown on page _______, by Florida Water Services
Corporation for the Apple Valley Utility System (Daniel C. & Cheryl D.
Cummings).
Fiscal Services
Business Office
22. Approve submittal of an
application to the Florida Department of Environmental Protection requesting
$200,000 through their Land & Water Conservation Grant Fund Program;
approve and authorize the Chairman to execute appropriate Resolution
#2010-R-75, as shown on page ________, stating the Board will amend their
capital improvement plan to include the C.S. Lee Park Improvements should the
grant be awarded; and authorize the
Acting County Manager to execute any documents as may be required for the
application.
Budget Division
23. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-77, as shown on page
________, implementing Budget Amendment Request #10-34 through the EMS Trust Fund
in the amount of $713,180.00 to allocate the FY 09/10 EMS Trust Fund Award.
24. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-78, as shown on page
_______, implementing Budget Amendment Request #10-39 through the System-Wide
Training Fund in the amount of $145,242 to allocate funds to cover training and
equipment costs.
25. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-79, as shown on page
________, implementing Budget Amendment Request #10-48 through the Fire
Protection and 1991 Infrastructure Sales Tax Funds in the amount of $204,645 in
order to transfer $204,645 to purchase land for Fire Station 19.
26. Approve and authorize the
Chairman to execute appropriate Resolution 2010-R-80, as shown on page
________, implementing Budget Amendment Request #10-49 through the Fire Protection
Fund in the amount of $65,000 to appropriate funds for the installation of a
replacement generator at Fire Station 26.
27. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-81, as shown on page
_______, implementing Budget Amendment Request #10-52 through the Animal
Service Donation Fund in the amount of $25,000 to recognize revenue and
allocate funds for enhancements to the Animal Services adoption area.
28. Approve and authorize the
Chairman to execute appropriate Budget Amendment Resolution #2010-R-82, as
shown on page _______, from the Water & Sewer Bonds, Series 2006 and the
Sewer Connection Fee Funds in the amount of $425,276 to increase funds for
capital projects.
Growth
Management
Planning & Development Division
29. Approve and authorize the
Chairman to execute the Minor Plat for Pagels Acres
located on the west side of Snowhill Road and approximately ¾ miles south of
Old Mims Road, in Section 33, Township 20 S, Range 32 E, Brian Pagels.
30. Approve the Satisfaction of
Lien, as shown on page ________, in the amount of $898.67 for Case #09-58-CEB,
for property located at 325 Woodstead Lane, Longwood,
Tax parcel #34-20-29-5FJ-0000-0070, owned by Janina
T. Barrera and Trinidad Monzon; and authorize the
Chairman to execute a Satisfaction of Lien.
31. Approve the Satisfaction of
Lien, as shown on page _______, in the amount of $1,000.00 for Case #09-43-CEB,
in the name of Nasrin Kyani
and Kevin Klein; and authorize the Chairman to execute a Satisfaction of Lien.
32. Authorize the release of the Private
Road Maintenance Bond #5030737 in the amount of $175,814.90 for the Copper
Chase subdivision.
33. Authorize the release of
Maintenance Bond #B98815017270 in the amount of $79,096.33 for Banyan Pointe
subdivision.
Leisure Services
Tourism-CVB
Division
34. Approve and authorize the Chairman to execute
an Agreement, as shown on page _______, with Altamonte Girls Fastpitch Softball Association in the amount of $11,603.00.
35. Approve and authorize the Chairman to execute
an Agreement, as shown on page _______, with Orlando Cocoa Independent Softball
Association in the amount of $19,628.
Public Works
Engineering
Division
37. Approve and authorize the
Chairman to execute a Right-of-Entry and Release Agreement, as shown on page
_______, between Seminole County and Brantley Terrace Condominium Association,
Inc., in conjunction with the Bunnell Road Project (Eden Park Avenue to West Town
Parkway).
Traffic Division
38. Approve and authorize the
Chairman to execute the Traffic Enforcement Agreement, as shown on page
_______, between Seminole County, Seminole County Sheriff’s Office and The Cove
Homeowners Association of Seminole County, Inc.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Discussion
ensued with regard to Item #36, LAP Agreement with FDOT regarding SR 46. Commissioner Carey stated she would like to
get FDOT to extend this study to U.S. 1, which will include the area that was
underwater after Hurricane Faye. She
said this is a major east/west evacuation route.
County
Engineer, Jerry McCollum, addressed the Board to advise his goal is to keep
pushing to get the limits of this study extended to U.S. 1. He further advised that time is of the
essence with regard to this agreement in order to have a consultant on board
before the end of June.
Chairman
Dallari suggested moving forward with this agreement and then amending the
study limits at a later date.
Commissioner Carey concurred, stating she will continue to push FDOT to
extend the limits.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2010-R-83, as
shown on page _______; and authorize the Chairman to execute a Local Agency
Program Agreement, as shown on page _______, with the State of Florida
Department of Transportation for a Project Development and Environment
(PD&E) Study for the widening of SR 46 from SR 415 to CR 426, FDOT – FPN
#240216-4-28-01.
Districts
1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Commissioner Henley, Mr. McCollum advised he met with the Volusia
County District Commissioner as well as the Liaison for MPO in order to get a
consensus for this study to be done.
The
Chairman requested Mr. McCollum to stay on top of this and keep the Board
updated on any developments.
COUNTY
ATTORNEY’S CONSENT AGENDA
Property
Acquisition Division
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve attorney fees of $8,000.00 to Allan M. Rubin
of Shutts & Bowen, LLP for representation of Luis and Jennie Nieves on a
claim for apportionment of the $40,000.00 settlement with the owners of Parcel
#117, Chapman Road.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to approve and authorize the following:
Clerk’s
Office
40. Approval of Expenditure
Approval Lists, as shown on page _______, dated March 8, 15, and 22, 2010;
Payroll Approval Lists, as shown on page _______, dated March 4 and 18, 2010;
and BCC Official Mintues dated March 9, 2010.
Sheriff’s
Office
41. Authorization to
contribute $2,000 from the Law Enforcement Trust Fund to The Central Florida
Freedom School operated by Free to Be Me, Inc.
42. Authorization to expend
$500 from the Law Enforcement Trust Fund to provide for a contribution to the
Florida Juvenile Justice Foundation.
43. Adoption of appropriate
Budget Amendment Resolution #2010-R-84, as shown on page ______, in the amount
of $108,977, increasing the Sheriff’s Office FY 2009/10 Budget for
appropriation of Unclaimed Evidence Funds (BAR #10-53).
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “received &
filed”:
1. Change Order #3, as shown on page _______, to
CC-4270-09.
2. Development
Orders, as shown on page _______, for the following: Dan Shaw, 242 N. Jungle Road; Bear Lake United
Methodist Church, Inc., 1010 Bear Lake Road; Florida Power Corporation, 350
Lake Hayes Road; Longwood United, Ltd., 140 Wekiva Springs Road; Terry H. &
Lloyd J. Mattingly, 1675 Jackson Street; LMC Venture, LLC, 4185 Lake Mary
Blvd.; Stephen Carnes, 450 Winding Creek Place; and Richard Parker, 124 West
Lauren Court.
3. Work
Order #6, as shown on page _______, to PS-3914-08.
4. Amendment
#1, as shown on page _______, to Work Order #1 for PS-2774-07.
5. Closeout,
as shown on page _______, of Work Order #19 to CC-1284-06.
6. Work
Order #6, as shown on page _______, to PS-0984-06.
7. Amendment
#4, as shown on page _______, to Work Order #1 for PS-2144-07.
8. Parks
Contracts, as shown on page _______, for Services with Lee Harang
and Brandon Lee.
9. Amendment
#1, as shown on page _______, to Work Order #4 for RFP-4277-09.
10. Amendment #2, as shown on page _______, to
Work Order #20 for PS-5190-05.
11. Amendment #4, as shown on page _______, to
Work Order #1 for PS-2084-07.
12. Work Order #5, as shown on page _______, to
PS-5187-05.
13. Work Order #1, as shown on page _______, to
PS-4388-09.
14. Copy of Agreement, as shown on page _______, for
Professional Services related to Development of Numeric Nutrient Criteria by
the United States Environmental Protection Agency with de la Parte &
Gilbert, P.A., as executed by ACM Joe Forte on March 9, 2010.
15. Amendment #1, as shown on page _______, to
PS-5173-04, Malcolm Pirnie.
16. Closeout, as shown on page _______, of Work
Order #33 to CC-1075-06.
17. Work Order #79, as shown on page _______, to
PS-5120-02.
18. Amendment #1, as shown on page _______, to
M-4617-09, MSCW, Inc.
19. Certificate of Costs of Abatement, as shown on
page _______, for Steven A. Berglund.
20. Copy of letter, as shown on page _______, to
David Butler, Dept. of Revenue, from Sandy McCann, Deputy Clerk, forwarding
certified copy of the Notice of Tax Impact of the 2009 Value Adjustment Board advertisement and proof of publication.
21. Ninth Amendment, as shown on page ________, to
RFP-600094-06, Nanak’s Landscaping Grounds Maintenance, Inc.
22. Amendment #1, as shown on page _______, to
Work Order #34 for PS-1074-06.
23. Amendment #2, as shown on page _______, to
Work Order #3 for PS-1903-07.
24. Work Order #7, as shown on page _______, to
PS-3914-08.
25. Amendment #3, as shown on page _______, to
IFB-600160-07, Guardian Equipment, Inc.
26. Amendment #1, as shown on page _______, to
PS-5172-04, PBS&J.
27. Change Order #3, as shown on page _______, to
CC-4813-09.
28. Cash Maintenance Bond & Escrow Agreement,
as shown on page _______, for the Sunshine Builders Timocuan
Way Storage Yard in the amount of $830.
29. Maintenance Bond, as shown on page _______,
for the Shoppes at Aloma Walk in the amount of $8,081.24.
30. Amendment #1, as shown on page _______, to
IFB-600463-08, Site Solutions of Central Florida, Inc.
31. Amendment #1, as shown on page _______, to
Work Order #1 for PS-1905-07.
32. Bids as follows: RFP-600846-10; CC-5225-10; IFB-600847-10;
CC-5276-10; and IFB-600840-10.
REGULAR
AGENDA
Assistant
Planning Manager, Tina Williamson, addressed the Board to present request for
reduction of Code Enforcement Board Lien from $3,750 to $1,977.37 for Case
#07-23-CEB on property located at 246 Clearview Road,
Chuluota, Frank Reed (current owner) and Gregory Jennings and Tammie Rader
(previous owners). She gave the Board a
history of this case, advising staff is recommending the reduction because Mr.
Reed did not create the violation and a building permit (which corrected the
violation) was secured by Mr. Reed 15 days after he took ownership via
foreclosure.
Upon
inquiry by Commissioner Carey, Ms. Williamson estimated staff costs for the 15
days it took Mr. Reed to obtain the permit at $250. She also advised Commissioner Carey that Mr.
Reed, as the mortgage holder, was not notified of the violation.
Discussion
ensued between the Board and the County Attorney with regard to notification to
the mortgage holders of code violations.
Attorney
Randy Helman, representing Frank Reed, addressed the
Board to advise he handled the foreclosure for Mr. Reed. He said that within a short period of time of
taking possession of the property, Mr. Reed did bring the property into
compliance. He said the 14 days to
obtain the building permit was somewhat delayed by waiting for answers from the
County’s Building Department. He
reminded the Board that Mr. Reed could not do anything to bring the property
into compliance until the foreclosure was finalized. He added that it has cost Mr. Reed close to
$15,000 in paying taxes and getting the house back in order so that he can live
in it; and he doesn’t believe it is equitable to impose a fine on him.
District
Commissioner Dallari agreed that Mr. Reed could not have acted any more
expeditiously than he did. He stated
that he believes there should be a 30-day grace period after a foreclosure;
and, because of that, he would recommend waiving the fees.
Motion by Commissioner McLean, seconded
by Commissioner Carey to authorize waiver of Code Enforcement Board fees in the
amount of $3,750 for Case #07-23-CEB for property located at 246 Clearview Road, Chuluota, Frank Reed; and authorize the
Chairman to execute Satisfaction of Lien, as shown on page _______, for
same.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Discussion
ensued with regard to revising the Code Enforcement Board procedures to allow
for a 30-day grace period after foreclosures and requiring notification of
mortgage holders of all code violations.
The
Chairman requested the County Attorney to bring back these changes for Board
consideration.
Commissioner
Carey stated she believes all the policies and procedures of the Code
Enforcement Board need to be reviewed; and she feels like this is a good time
to have a joint meeting with the Code Enforcement Board and the Sheriff’s
Office.
Commissioner
Van Der Weide requested ACM Forte provide him with information regarding how
many properties have been taken down with CDBG funds.
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County
Attorney, Robert McMillan, requested direction with regard to the Foreclosure
Sale of 614 E. Orange Street, Charles W. Todd, owner and defendant in the Code
Enforcement Lien. Photographs (not
received & filed) of the property were shown to the Board. Mr. McMillan advised the foreclosure sale is
scheduled for May 11, 2010 at 11:00 a.m. at the downtown Courthouse.
District
Commissioner Henley stated this property has been an issue for quite some time
with untold staff hours and the neighborhood having to endure this. Therefore, he would recommend the County
offer the minimum bid in order to take control of the property so that it can
be cleared.
Mr.
McMillan stated that once the property is cleared, it can be surplused.
Motion by Commissioner Henley, seconded
by Commissioner McLean to direct staff to bid on property located at 614 E.
Orange Street, Charles W. Todd, owner & defendant, at the foreclosure sale
on May 11, 2010, in order to obtain title so that the property can be cleared.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Planner,
Ian Sikonia, addressed the Board to present request for a Special Event Permit
for the Relay for Life event to be held at Colonial TownPark
on April 16 & 17, 2010. He advised
the staff recommends approval with the following conditions: (1) The event will be from 5:00 p.m. on
Friday, April 16, 2010 until 10:00 a.m. on Saturday, April 17, 2010; (2) The
live music portion of the event will last a maximum of 8 hours; (3) The
applicant will communicate with the Public Works Department and retain any
applicable permits for the closure of Arbor Park Lane and Colonial Center
Parkway for the event; and (4) All applicable security and emergency services
personnel will be secured by the applicant prior to the event.
Commissioner
Carey stated this is a great event for a worthy cause.
Motion by Commissioner Carey, seconded
by Commissioner Henley to approve Special Event Permit for the Relay for Life
event to be held at Colonial TownPark on April 16
& 17, 2010, based on staff findings and conditions as outlined.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Support
Services Manager, Meloney Lung, addressed the Board to present the Reflections
Public Works Lease, stating they reduced quite a bit of square footage (10,410
square feet) at this location. She
advised the new payment schedule reduces the rent to $14.02 per square foot,
plus $7.01 for 2,095 square feet of shared space.
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve and authorize the Chairman to execute the
Reflections of Hidden Lake Public Works Lease, as shown on page _______, with
Reflections of Seminole County, LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms. Lung
presented the Reflections Environmental Services Lease for Board
consideration.
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve and authorize the Chairman to execute
Reflections of Hidden Lake Environmental Services Lease, as shown on page
________, with Reflections of Seminole County, LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S REPORT
ACM Joe
Forte requested authorization to advertise a public hearing for the Mid-Year
Budget Adjustment.
Motion by Commissioner McLean, seconded
by Commissioner Carey to authorize advertising a public hearing on April 27,
2010 for consideration of the Mid-Year Budget Adjustment.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recessed the meeting at 10:25 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials with the exception of Deputy Clerk Sandy
McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the
Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner McLean, seconded
by Commissioner Carey to authorize the filing of the proof of publication for
this meeting's scheduled public hearing into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARING
COLONIAL
TOWN PARK PUD/Colonial Realty
Proof of publication, as shown on page ________, calling for a public
hearing to consider request to approve the Colonial Town Park PUD Major
Amendment and Addendum #2 to the Colonial Town Park Developer’s Commitment
Agreement (DCA), located at the intersection of CR 46A and Town Park Avenue,
Colonial Realty, received and filed.
Planner
Joy Williams, Growth Management, addressed the Board to state the PUD was
originally approved in 1999, consisting of 11 tracts with a range of permitted
uses such as multi-family, office, and commercial. The applicant is requesting a major amendment
to the permitted uses of Tract F to allow for an alcoholic beverage
establishment. The Land Use Summary of
the DCA states that Tract F permits retail commercial centers and sit down
restaurants with the sale of alcohol as an incidental use to the primary use of
the restaurant. The applicant is
proposing to allow for one alcoholic beverage establishment where food sales
will be incidental to alcohol sales. The
establishment will be limited to one unit, not to exceed 3,000 sq. ft. in
size. The Planning & Zoning
(P&Z) Commission recommended approval of the request. Staff finds that the proposed use of one
alcoholic beverage establishment, limited to one unit, not exceeding 3,000 sq.
ft. in size, is not detrimental to the character of the Planned Unit
Development and is compatible with the existing uses within the PUD; and,
therefore, recommends approval of the request.
Upon
inquiry by Commissioner Carey, Ms. Williams advised she believes the overall
acreage to this tract is 175 acres including the open space.
James
Johnston, Shutts & Bowen, addressed the Board to state he is in agreement
with the staff’s report and the conditions.
There will be food served at this establishment as will be approximately
20% of sales for the unit.
No one
spoke in support or in opposition.
District
Commissioner Carey stated Colonial Town Park is an entertainment complex and it
is a great example of a mixed used development.
She said she is not opposed to having less than 3,000 sq. ft. as an
alcoholic establishment.
Motion by Commissioner Carey,
seconded by Commissioner Henley to approve the Colonial Town Park PUD Major
Amendment and Addendum #2, as shown on page ________, to the Colonial Town Park
Developer’s Commitment Agreement (DCA), located at the intersection of CR 46A
and Town Park Avenue, as described in the proof of publication, Colonial
Realty, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Sabrina
O’Bryan, Assistant County Manager, addressed the Board to give an update on the
major changes of the Legislative program and activities. She referred to HB 5607, Government
Retirement Systems, and stated that has been replaced with SB 2022, and Fiscal
Services is doing an analysis on the impact it may have to Seminole
County. It specifically requires
employees to contribute .25 portion towards their
retirement and a couple of other items that may constitute an increase to the
County’s budget. Ms. Spriggs is
reviewing that and she will provide that analysis to the Board. She stated the major change to HB 839, Road
and Bridge Designations, is another committee substitute was approved and that
includes the designation of SeminoleWay.
She stated staff is working with Growth Management to ensure that the
surrounding cities adopt a resolution if they haven’t done so. SB 1598 is a public records and public
community law that staff is monitoring.
The primary piece that caught staff’s attention is the education and
training requirements on the Sunshine and Government Act and staff will be
monitoring that closely.
Upon
inquiry by Chairman Dallari, Ms. O’Bryan advised all elected and appointed
public officials will be trained. Staff
will be providing the Board an update on HB 1445, Department of Agriculture and
Consumer Services. She stated Johnny
Edwards, Solid Waste Manager, participated in a conference call with the
Florida Association of Counties relating to SB 570, Solid Waste Recycling, and
staff has shared their concerns with them on this bill. The Florida Association of Counties (FACo) has not taken a formal position and has scheduled an
Executive Committee meeting this Friday relating to this bill. She said she believes Mr. Edwards has
provided the Board with a summary, and if the Board would like staff to draft a
resolution or send a letter on this issue, they would need to know by today or
before the 4/27/10 meeting.
Commissioner
Carey stated if the State makes a rule to force counties to recycle at a
different level, then the County will have to be able to comply with all the
improvements. She said the cost to the
haulers will be a direct pass-through to the citizens. She stated she has a problem with some of the
language making certain things mandatory.
She added the County is trying to do all the garbage to energy resources
and this would have a negative impact on some of the garbage to energy
programs. She said she would like staff
to monitor it and make sure everyone is aware of what the impacts will be. If it makes the haulers’ costs higher, then
it will be passed on to the citizens.
Chairman
Dallari stated the biggest issue is to make sure that the costs are kept as low
as possible. If the State wants to do
things, it needs to be done in their own budget and not the County’s.
Ms.
O’Bryan stated regarding HB 445, Pretrial Detention and Release, the Sheriff’s
Association took an official position opposing this particular bill.
Commissioner
Van Der Weide stated with regard to the retraining of elected officials, the
BCC has been sitting on the Board for a while and they should understand the
Sunshine law by now. He said he has no
problem training new officials.
Commissioner
Carey stated the Florida Association of Counties provides a new commissioner
orientation and that is part of the training that they get.
Commissioner
Van Der Weide stated not everyone is fortunate enough to have taxpayer money to
go up there to witness the training. He
stated he feels the Legislature should be worried about their
own issues.
Ms.
O’Bryan stated there is a secondary component to that bill which makes official
the ability to reclaim or recoup some of the costs associated with public
records. Seminole County already has
that policy.
Commissioner
Carey stated SB 598 refers to extending the House Representatives terms from
two to four years and the senate from four to six years. It also has some language in it in which the
term limits for county and municipal seats are extended to 12 years, and she
would like staff to keep an eye on that.
She stated she also asked their lobbyist to keep abreast of that as
well. She added the State taking an
action that would overrule the County’s home rule really concerns here. She said she met with Secretary Downs, FDOT,
last week and the State was looking at taking $1 billion out of the
Transportation Trust Fund and the impact of that would be $3 billion worth of
projects. Letters were sent to address
everyone’s concerns, but everybody needs to reach out to the Legislature. To balance the State budget on the back of
the transportation’s future dollars is very scary and she wanted to make sure
that everyone is aware of that.
Commissioner
Henley stated it would be appropriate to notify the other counties of Seminole
County’s position and to encourage them to do the same.
Chairman
Dallari stated he will send a copy to the surrounding counties.
Commissioner
Carey stated she would recommend going outside the tri-county area because a
lot of what Seminole County does impacts Lake, Volusia, Brevard and Polk County
as well and it is critical that they keep an eye on DOT’s money as it could
potentially push their projects back.
Ms.
O’Bryan stated she touched base with their lobbyist on that issue and they also
share the Board’s concerns and it is something that they should focus on for
this session.
CHAIRMAN’S
REPORT
Chairman
Dallari stated he would like to schedule one BCC meeting for July (4th
Tuesday).
Motion by Commissioner Van Der Weide, seconded by
Commissioner Carey to cancel the first BCC meeting in July; and schedule the
meeting for July 27, 2010.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari stated he would like to schedule a joint work session with the School
Board and cities on May 25, 2010 at 10:00 a.m. in the BCC Chambers. He stated he has opted to not have a BCC
meeting that day but a joint work session.
Upon
inquiry by Commissioner Henley, Chairman Dallari advised an agenda has not been
set but there needs to be one item on the agenda. He added he would like the seating set up on
the floor for a work session. He advised
there will be one representative from each city in attendance.
Motion by Commissioner Carey,
seconded by Commissioner McLean to cancel the BCC meeting for May 25, 2010 and
schedule a joint work session with the School Board and cities at 10:00 a.m. on
that same day.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr. Forte
informed the Board that the work session will begin at 10:00 a.m. and the Board
will come back at 1:30 p.m. for a Risk Management meeting.
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Chairman
Dallari stated Mayor John Bush has submitted his letter of resignation from the
Transportation Funding Task Force and he has recommended that Mayor Charlene Glancy, City of Casselberry, be his replacement.
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Chairman
Dallari stated the Seminole County Purchasing and Contracts Division has been awarded the Award of Excellence in Public
Procurement for 2010 and he would like to congratulate them for being
recognized. He asked that Mr. Forte give
them the Board’s appreciation for same.
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Chairman Dallari announced that Rini
Technology from the UCF incubator just received $1.7 million award contract
from the government for their continued work.
COMMUNICATIONS
AND/OR REPORT
The
following Communications and/or Reports were received and filed:
1.
Letter
(w/attachment) dated February 8, 2010, from John Rosenow,
Arbor Day Foundation, to Chairman Dallari re: Achieving Tree City USA status
for 2009. (cc: BCC, County Manager, Leisure Services)
2.
Letter
dated March 9, 2010, from Senator George LeMieux to
Chairman Dallari re: Appropriations requests. (cc:
BCC, County Manager)
3.
Letter
(w/attachment) dated March 17, 2010, from D. Ray Eubanks, Department of
Community Affairs, to Chairman Dallari re: Seminole County’s Proposed Comprehensive
Plan Amendments for review. (cc: BCC,
County Manager, Growth Management)
4.
Letter
(w/attachment) dated March 17, 2010, from Janet Stein, St. Johns River Water
Management District, to Seminole BCC (Parks) re: Water Well Construction Permit
123910 located in Seminole County Zone: C-DW-AB-UF-NXC. (cc: BCC, County Manager, Administrative
Services)
5.
Letter
(w/attachment) dated March 19, 2010, from Michael D. Jones, Michael D. Jones
& Associates, P.A., to the Board of County Commissioners re: Agenda 21 and
the United Nations. (cc: County Manager, Growth Management)
6.
Letter
received March 21, 2010, from Florida Women in Government, Inc., re:
Introduction of Northeast District Directors and the Organization. (cc: BCC)
7.
Letter
(w/attachment) dated March 24, 2010, from Donald Martin, City of Casselberry,
to Chairman Dallari re: Casselberry CRA Annual Report 2008-2009. (cc: BCC,
County Manager, Growth Management)
8.
Letter
dated March 25, 2010 from Greg Rockwell, St. Johns River Water Management
District, to Chairman Dallari re: Comprehensive Annual Financial Report. (cc:
BCC, County Manager, Growth Management)
9.
Letter
dated March 26, 2010, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: New Programming coming on April 30, 2010.
10.
Letter
(w/attachment) dated March 29, 2010, from Fred Kittinger,
University of Central Florida, to Chairman Dallari re: Ranking of UCF as the 3rd
largest university in the nation. (cc: BCC, County Manager)
11.
Letter
dated March 29, 2010, from John Bush, City of Winter Springs, to Chairman
Dallari re: Resignation as the representative for the cities of Seminole County
on the Transportation Funding Task Force.
(cc: BCC, County Manager, Growth Management)
12.
Copy of
letter dated March 30, 2010, from Chairman Dallari to the Corporation of
National & Community Services re: BCC support for the Heart of Florida
United Way Social Innovation Grant.
13.
Copy of
letter (w/attachment) dated April 1, 2010, from Robert King, Oviedo, FL, to
Board of County Commissioners re: Noise and traffic issues in the Oviedo
community. (cc: County Manager, Growth Management, County Attorney)
14.
Letter
dated April 5, 2010, from Keith Glatz, Florida Association of Public Purchasing
Officers, Inc., to Chairman Dallari re: Award of Excellence in Public
Procurement for 2010. (cc: BCC, County
Manager, Purchasing)
15.
Letter
(w/attachment) dated April 6, 2010, from Blanche Sherman, LYNX, to Chairman
Dallari re: LYNX Quarterly Reports – as of December 31, 2009.
DISTRICT
COMMISSIONERS’/COMMITTEE REPORTS
Commissioner
Henley stated he had an opportunity to meet with Mayor Bates regarding their
interest in the Flex Bus project as the County partnered with them years ago to
kick that off. There is interest now,
with the rail coming and with other things happening, to revitalizing that
program. He said he met with Lynx,
Altamonte Springs and FDOT and everyone is enthusiastic about trying to get
this going. He added he has a copy of
the information that they went over at the committee meeting as well as
endorsing the concept of moving forward.
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Commissioner
Henley stated he received a call and met with Sun State Trees. A judgment is scheduled in September and if
they prevail, the company could be put out of business and that is not his
desire. Sun State asked if they could
apply for an amendment as they have assured him that there will never be
anything more than what is there. He
informed them that they have the right to request the amendment. He encouraged them to contact staff with what
kind of amendment they would like to propose for the Board to consider.
Upon
inquiry by Commissioner Carey, Commissioner Henley advised their Certificate of
Public Need has not been restored to date and that is why he asked that they
contact staff to work something out.
Commissioner
Carey stated she feels their site plan needs to be amended.
Commissioner
Henley said that is one reason they are coming in.
Robert
McMillan, County Attorney, stated he believes that Alison Stettner and Tina
Williamson met with them yesterday and he hasn’t heard from them with regard to
this.
Commissioner
Henley advised EPA has cleared them on everything except for the Certificate of
Need.
Alison
Stettner, Acting Growth Management Director, addressed the Board to state she
visited the site to see if they were in compliance and, as of this time, they
are not in compliance because they are still storing too much on the
property. She further stated they have
erected a large wall that does not look stable, but they have made considerable
effort to remove the debris. She added
she didn’t have an opportunity to fully look at the entire site plan.
Ms.
Stettner explained to Commissioner Carey what Sun State needs to do to amend
the site plan.
Commissioner
Henley stated that is why he asked them to meet with staff.
Mr.
McMillan advised the hearing is not until September and their only real option
was to try to get in compliance with their current site plan because to do a
new site plan imposes a series of new Federal EPA regulations.
Commissioner
Henley stated EPA has erased all of their objections except for the licenses.
Mr.
McMillan said staff will work it out to get it resolved.
Commissioner
Henley stated if they are put out of business they would lose 60 jobs and he
doesn’t want that to happen.
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Commissioner
Carey stated Witner Way was paved a number of years
ago as part of the dirt road paving program with the exception of 70 ft. There is a situation where it is not safe to
get vehicles down that area for emergency services. Because that portion was never accepted into
the road system, staff’s position was they cannot do anything about it. In October, 2003, the Board took action that
any road that was not in the maintenance system prior to that date would not be
considered as part of the maintenance.
There was a situation last week where a garbage truck got stuck in that
area. The real concern is emergency
vehicles not being able to get down the dirt road.
Jerry
McCollum, County Engineer, stated this type of situation has been going on
since 1985 and every year there are similar situations where people cannot go
down a road and it becomes impassable.
The biggest concern was having the Sheriff’s Department and ambulances
not being able to go down those roads.
If the Board wants to do something different by getting rid of the 2003
qualifier (Administrative Code), then they could look at any public facility.
The cost on an annual basis would be approximately $75,000 to $100,000 to do
this type of thing.
Commissioner
Carey suggested that the Board amend the Administrative Code to say that if it
is a public road under an emergency situation, the County Engineer would
determine if it warrants repair.
Commissioner
Henley stated that is the reason why they went to the dirt road pavement
program as it was getting so expensive, and it was cheaper for the County to go
ahead and pave them. There are a number
of people that do not want paving. He
stated he feels that any public road needs to be serviceable, but he would not
support just for one road to the extent of all other roads that are in similar
situations.
Commissioner
Van Der Weide stated when these roads were paved, there were people
objecting. He stated he feels they need
to take an inventory of what is out there in every district before deciding on
this.
Mr.
McCollum stated there are 13 miles of road that already meet this status and
are maintained on a regular basis.
Commissioner
Van Der Weide asked why they wouldn’t add this road to the list.
Mr.
McCollum stated staff would fill the holes on any public road that becomes
impassable but they would not pave it or do the drainage. Discussion ensued.
Chairman
Dallari requested that staff bring back some policy changes to address
this.
Commissioner
Henley stated he lived on a dirt road for 20 or so years and the land owners
maintained the road themselves. He
stated he feels the safety issue is not being able to get emergency vehicles
down these roads.
Upon
inquiry by Commissioner Van Der Weide, Mr. McCollum advised staff will maintain
the road by filling the holes and grading it to make it passable.
Upon
inquiry by Commissioner Carey, Chairman Dallari advised staff will try to bring
this back for consideration at the next Board meeting.
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Commissioner
Carey stated the Teal Magnolia Luncheon for the Ovarian Cancer Alliance of
Florida and the Boys Scouts Golden Eagle dinner have come and gone. She stated they raised
over $70,000 for the Ovarian Cancer Alliance.
Marty Chan and Judy Van Der Weide were recognized at the Ornament Ball
for their work, and proceeds for that were given to the Ovarian Cancer Alliance
as well. The Golden Eagle Annual Dinner
was held last Thursday and Attorney General Bill McCollum was honored that
night and they have raised over $250,000. A big portion of the scouts depend solely on
the funds raised at that luncheon.
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Commissioner
Dallari thanked the Public Works Roads/Stormwater Division for doing an
excellent job of replacing a culvert pipe under Osceola Road in Geneva. He asked that Mr. Forte relay the Board’s
appreciation for an outstanding job.
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Commissioner
Dallari announced that the Taste of Oviedo is scheduled for this Saturday,
April 17, 2010.
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Mr.
McMillan left the meeting at this time.
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Commissioner
McLean stated the Board just completed the first phase of the budget process,
and he feels that this has provided them with greater efficiencies for the
citizens. The Board has sent a
collective message to staff to get lean, do it now and to justify everything
they do. Some aspects of the economy
seem to have gone up, but there are two areas that have not, one is real estate
values and the other is the unemployment rate.
He stated, in his opinion, they need to be proactive on the things they
can control and not reactive waiting for what others may or may not do. As they go towards the budget consensus, the
time to set a goal is now. With all the
financial options they gained through the budget sessions and with the
knowledge of the real estate and unemployment challenges not going to change
any time soon, he feels there is only one approach to free up dollars for the
citizens to make ends meet and allow the business community to put additional
dollars at risk so they can bring back jobs.
He said he would like to propose lowering the 2010/2011 millage rate
from 4.90 mills to 4.4 mills. He added
he feels this is something they need to deal with and he hopes they can attempt
to meet that challenge starting next month.
Commissioner
Carey stated the issue about unemployment and jobs is that people hire people
when they know what it is going to cost them over the long haul. People are not willing to jump out and hire
new people without knowing what that will mean to them, with the Health Care Reform
and other things going on.
Commissioner
Van Der Weide stated he can appreciate all of this input because it shows
foresight, but he understands that President Obama is going to declare this
recession over with in September and, hopefully, they can all move on from
there.
Commissioner
Henley stated there was a slight increase last year, but the important thing is
to make decisions based upon all the facts to consider. He stated he is not going to vote to
eliminate any more positions or any more people because they are down to the
bare bone now. He added there are a
number of key people looking for something else because of all the rhetoric
that is going on about the potential cuts, salary cuts, paid time off cuts,
etc. The County not only has an economic
problem but they also have a severe problem with the morale of employees. He said he feels it is way premature to throw
things out that may or may not happen until they obtain all the facts from the
Legislature and until they see what they have in the reserves to deal with, as
they have plenty of time to make those decisions. He stated before he votes to reduce or
increase, he would like to know what the consequences are going to be.
Commissioner
Carey stated many of the surrounding counties kept putting off making cuts when
Seminole County made cuts and the impact to those counties are going to be much
greater this year. She said it would not
be smart for someone not to look around to see what opportunities are out
there. It would be interesting to see
how things will move forward in the future.
Commissioner
McLean stated they need to set the standard to see if they can work towards
it. He said he feels the last 12 months
has deteriorated in two areas (ad valorem revenue and bringing dollars up to
help with the unemployment crisis) that will affect the County most. He added he feels they cannot solve this
year’s problem with last year’s data.
Commissioner
Henley stated he feels the things they need to be focusing on are what they can
do to attract more businesses in this area, and he doesn’t feel they have fully
explored that at this time.
Mr.
McMillan reentered the meeting at this time.
Commissioner
Van Der Weide stated he feels the Chairman has done a great job in bringing
this budget process up early and staff has done a great job in responding. He stated he feels the Board is much better
informed much earlier than they have ever been in the past. He added that if the Board is going to
discuss the Budget in the future, he would like to receive prior notification.
Chairman
Dallari stated the mid-year budget adjustment will be the next step.
Mr. Forte
stated the mid-year budget is scheduled on April 27 and the mid-year reductions
will be the following month.
Commissioner
Carey stated she feels by breaking down the budget, it helps the Board
understand where the money is and where it is being spent.
COUNTY
MANAGER’S REPORT
Mr. Forte
clarified the Budget consensus meeting scheduled for next month is with him and
his staff and not the Board.
COUNTY
ATTORNEY’S REPORT
No Report.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:30 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
slm/er