BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

APRIL 14, 2009

 

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, April 14, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

Chairman Bob Dallari (District 1)

Vice Chairman Mike McLean (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Carlton Henley (District 4)

Commissioner Brenda Carey (District 5)

County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

 

     Pastor David Knox, Christ Episcopal Church, Longwood, gave the Invocation. 

     Commissioner Dick Van Der Weide led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution #2009-R-63, as shown on page __________, remembering and honoring Linda McKnight Batman for her service and dedication to the Seminole County Historical Commission. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Mr. Batman, who addressed the Board to express his appreciation for the Board recognizing

his wife’s efforts.  He said he plans on establishing a “Linda McKnight Batman Fund” for oral history in Seminole and Orange Counties. 

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     Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-64, as shown on page _______, remembering and honoring former County Commissioner Jennifer Kelley for her service and dedication to Seminole County and its citizens. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Ms. Kelley’s children, Chris Kelley (Kathy), Kevin Kelley and Maureen Maguire. 

     Chris Kelley addressed the Board to express his family’s appreciation for the Resolution. 

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     Motion by Commissioner McLean, seconded by Commissioner Carey to adopt appropriate Resolution #2009-R-60, as shown on page _______, proclaiming the month of April as “Water Conservation Month”. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Debbie Meinert, Environmental Services, who addressed the Board to express appreciation for the Board’s support. 

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     Motion by Commissioner Henley, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-61, as shown on page _______, proclaiming the week of April 12 through April 18, 2009 as “National Library Week”. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Jane Peterson, Director of Library Services, who addressed the Board to express her thanks for their support of the library over the years. 

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     Motion by Commissioner Henley, seconded by Commissioner Carey to adopt appropriate Resolution #2009-R-65, as shown on page _______, proclaiming April 24, 2009 as “Arbor Day” in Seminole County and urging all citizens to support efforts to care for our trees and woodlands. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-62, as shown on page ________, proclaiming April 16, 2009 as “Seminole County Volunteer Appreciation Day”, and commending all persons who volunteer their time and talents towards the betterment of the citizens of Seminole County. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Grace Chewning who addressed the Board to express her appreciation. 

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     Dan O’Keefe, CPA, Moore Stephens Lovelace, P.A., addressed the Board to present the Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended September 30, 2008 (received & filed).  He gave a PowerPoint presentation (received & filed) reviewing the CAFR Sections; Scope of the Audit; Financial Position Data; Meeting stringent standards in doing the audit; Financial Compliance Letter (page 161); Independent Auditor’s Management Letter (page 163); Individual Reports of the Constitutional Officers; Attestation Report/Landfill; Total assets exceeding $2 billion; Current Ratio (6.56 CA/CL); and Total Revenue ($492 million) and Expenditures ($465 million).  He discussed the new pronouncement dealing with Postemployment Benefits (page 63) and the Budgetary Comparison Schedule (pages 70 & 71).  He displayed graphs showing Debt, Expenditures, Millage Rates Proprietary Fund Unrestricted net Assets, and Proprietary Fund Unrestricted Net Assets/Long-term Debt comparisons between Seminole, Lake, Brevard and Osceola Counties. 

     Chairman Dallari thanked Mr. O’Keefe for his work and presentation. 

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Cindy Coto, advised staff is pulling Item #16, Orlando-Cocoa ISA Agreement, from the agenda. 

     Chairman Dallari requested Item #35, Special Event Permit for the Blues for Schools, be pulled for a separate vote. 

     Upon inquiry by Commissioner McLean, Ms. Coto advised that she has directed her staff to not apply for any Federal Stimulus money for programs that cannot be sustained. 

     At the request of Commissioner McLean, Frank Raymond, Director of Administrative Services, addressed the Board to explain that the staff is recommending award of Item #12 to SiteSecure, Inc. because the system will be compatible with the rest of the Sheriff’s areas and can be controlled from one location. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve and authorize the following: 

Administrative Services

Purchasing and Contracts

 8.  Approve Termination for Convenience of M-335-03/BJC with WorldRes.com, Inc. of San Mateo, California, and authorize staff to issue final notice of termination.

 9.  Assignment, as shown on page _______, of IFB-600404-08/TLR - Term Contract for EMS Pharmaceuticals from Sun Belt Medical/Emergi-Source to Bound Tree Medical, LLC, Ohio.

10.  Award CC-4192-09/DRR - Expansion of the Landfill Gas Collection System Phase II Agreement, as shown on page _______, in the amount of $639,215.00 to COMANCO Environmental Corporation of Plant City, Florida.

11.  Award IFB-600562-09/GMG – Term Contract, as shown on page _______, for Pavement Management Program to Orlando Paving Co., Orlando, P & S Paving, Inc., Daytona Beach, and The Middlesex Corporation, Littleton, MA.

12.  Award RFP-600511-08/TLR - Sheriff’s Office/Public Safety Building Access Control & CCTV System Replacement Agreement, as shown on page _______, in the amount of $356,257.20 (including equipment subject to owner direct purchase) to SiteSecure, Inc., Sanford, FL.

13.  Award RFP-600594-09/BJC - Appraisals Services Agreement, as shown on page _______, for Neighborhood Stabilization Program to On Time Appraisals, Inc., Oviedo; St. Johns Realty Co., Sanford; and Su Casa Appraisals, Inc., Altamonte Springs.

14.  Waive the procurement process and approve Amendment #2, as shown on page _______, for an additional three (3) year term to M-600212-07/BJC - General Lake Management Services and Assistance with Dean Enterprises, Orlando, Florida, with an estimated annual amount of $49,900.00.

 

Community Services

Community Assistance

15.  Approve and accept an award to Seminole County of $45,500.00 from the Heart of Florida United Way. The local Emergency Food and Shelter Program (EFSP) will provide funds for rental, mortgage and utility assistance to eligible residents of Seminole County.

 

Economic Development

Tourism Development

16.  Withdrawal of request to approve and authorize the Chairman to execute an agreement with Orlando-Cocoa ISA for the 2009 ISA Softball Tournaments in the amount of $9,000.00. 

 

Environmental Services

Business Office

17.  Approve the release of the original Water & Sewer Maintenance Agreement with Letter of Credit in the amount of $3,207.10 for the project known as Marsden Residence (Prairie Lake Park).

18.  Approve the release of the original Water & Sewer Maintenance Bond in the amount of $27,702.95 for the project known as Copper Chase (Off-Site).

19.  Approve the release of the original Water & Sewer Maintenance Bond in the amount of $87,783.96 for the project known as Clifton Park.

20.  Approve the release of the original Water & Sewer Maintenance Bond in the amount of $32,305.37 for the project known as Stratford Green.

21.  Approve the release of the original Water & Sewer Maintenance Bond in the amount of $50,112.90 for the project known as Bella Foresta.

22.  Approve the release of the original Water & Sewer Maintenance Agreement with Letter of Credit in the amount of $20,597.00 for the project known as Heatherwood.

23.  Approve the release of the original Water & Sewer Cash Maintenance Bond with Escrow Agreement in the amount of $3,945.00 for the project known as Ruth’s Chris Steak House.

 

Fiscal Services

Administrative

24.  Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Department of Financial Services in acceptance of $52,473.00 allocated under the 2007-2010 Homeland Security/Florida Domestic Preparedness - HazMat Response Grant Program.

25.  Request authorization to advertise and hold a public hearing on April 28th to amend the FY 2008/09 Budget to reflect actual fund balances as stated in the 2008 year-end CAFR, to adjust for major revenue declines, to reconcile grant project amounts to actual results and various other requested operational adjustments.

26.  Approval to submit a grant application to the U.S. Department of Justice requesting $500,000.00 in funding through their Recovery Act: Local Youth Mentoring Initiative; and authorize the County Manager to execute any supporting documents as may be required for the application.

27.  Approval to submit a grant application to the Florida Department of Forestry requesting $20,000.00 in funding through their Urban and Community Forestry Program; authorize the Chairman to execute Resolution #2009-R-70, as shown on page ______, in support of the project; and authorize the County Manager to execute other supporting documents as may be required for the application.

28.  Approval to submit a grant application to the U.S. Department of Justice requesting $750,000.00 in funding through their Recovery Act: Edward Byrne Memorial Competitive Program; and authorize the County Manager to execute any supporting documents as may be required for the application.

Budget

29.  Approve and authorize the Chairman to execute Resolution #2009-R-66, as shown on page _______, implementing Budget Amendment Request #09-40 in the amount of $52,473.00 to the Public Safety Federal Grants Fund to recognize proceeds from the Federal Department of Homeland Security grant.

 

Leisure Services

Greenways and Trails

30.  Approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, with the City of Casselberry for the City to provide roadway landscape median and right-of-way maintenance for this segment of County Road Seminola Boulevard as described in the agreement.

Parks and Recreation

31.  Approve and authorize the Chairman to execute a Facilities Use Agreement, as shown on page _______, with CMA of Orlando, Inc. to offer fitness programs at Sylvan Lake Park.

32.  Approve and authorize the Chairman to execute a Facilities Use Agreement, as shown on page _______, with Focus Performing Arts to offer programming at Sylvan Lake Park.

 

Planning and Development

Development Review

33.  Authorize the release of a Letter of Credit in the amount of $125,000, for Wilson Park Subdivision. (M/I Homes of Orlando, LLC)

34.  Authorize the release of Performance Bonds ($388,714 & $91,385.64) for Veramonte Subdivision. (KMT Development, LLC)

 

Public Works

Engineering

36.  Adopt appropriate Resolution #2009-R-67, as shown on page _______, and authorize the Chairman to execute Supplemental No. 1, as shown on page _______, to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation for the design of Audible Pavement Markings on Osceola Road from State Road 46 to the entrance of the Seminole County Landfill. (FDOT FPN: 423965-1-38-01)

37.  Adopt appropriate Resolution #2009-R-68, as shown on page _______, and authorize the Chairman to execute a Locally Funded Agreement, as shown on page _______, between the State of Florida Department of Transportation (FDOT) and Seminole County for the construction of State Road 426 from Tuskawilla Road to State Road 417 (FDOT - Financial Management Numbers 423311-1-52-01 & 423359-1-52-01). Authorize issuance of a check in the amount of $2,000,000 from funds in the County’s 2008/2009 Fiscal Year Budget to be paid to the Florida Department of Transportation by at least 60 days after execution of this agreement or not later than October 19, 2009.

38.  Adopt appropriate Resolution #2009-R-69, as shown on page _______, accepting two (2) Quit Claim Deeds, as shown on page _______, (Brenedette Hardy-Blake and Emory Blake to Seminole County) for property needed for roadway improvements to East 20th Street.

39.  Approve and authorize the Chairman to execute an Amendment, as shown on page _______, to Amended and Restated Joint Facilitation of Public Infrastructure Agreement and Grant of Easement with Inland Atlantic Seminole, Inc.

 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Consideration of request for a Special Event Permit for the Blues for Schools event to be held at 1485 South CR 419 on April 25, 2009 from 4 p.m. until 12 a.m. 

     Chairman Dallari stated this event will be held at an alcohol establishment and the area that is going to be used for parking has been cleared without pulling a permit.  He said there are several code enforcement issues on the property and it is located across the street from the Girl Scout camp. 

     Upon inquiry by Commissioner Carey, Planning & Development Director, Dori DeBord, addressed the Board to advise that in speaking with the Sheriff’s Office, there are some violations on the property that the owners are working on with the Sheriff.  However, there has been no formal action taken by the Code Enforcement Board at this time. 

     Commissioner McLean stated he is uncomfortable with approving the permit until there are some definitive answers on the violations. 

     Commissioner Carey pointed out that there is no official Code Enforcement Board action ongoing at this time and this event has been advertised for ten days from now.  The event will benefit Seminole County schools. 

     Motion by Commissioner McLean, seconded by Commissioner Henley to deny request for a Special Event Permit for the Blues for Schools Event to be held at 1485 South CR 419 on April 25, 2009, until the Board receives some answers. 

     Under discussion, Commissioner Henley stated he believes the Board needs to be careful in approving events that are making their money off of alcohol sales.  He said he does not want to see a proliferation of these types of events. 

     Upon inquiry by Commissioner Van Der Weide, Ms. DeBord stated she will speak to the Sheriff’s Office to determine the status of the outstanding violations. 

     Chairman Dallari reiterated his concern about the Girl Scout Camp being in close proximity to the property in question. 

     Commissioner Carey said that the event is taking place on property that has a bar and grill on it and it routinely is open late at night. 

     Commissioner McLean stated that the event will have outdoor amplification. 

     County Attorney, Robert McMillan, advised there has been no due process on the code violations, therefore, he cautioned the Board about using those violations for the basis of denying the permit.  He added that the hours and proximity to the camp are legitimate reasons for denial. 

     Commissioner Van Der Weide stated he cannot support the motion.  Discussion ensued. 

     Ms. DeBord advised staff does recommend approval of the permit based on the information they received from the applicant. 

     Commissioner McLean withdrew his previous motion and Commissioner Henley withdrew his second. 

     Motion by Commissioner McLean, seconded by Commissioner Carey to grant a Special Event Permit for the Blues for Schools Event to be held at 1485 South CR 419 on April 25, 2009, from 4 p.m. to 12 a.m., subject to the following:  (1) Notifying the Girl Scout camp of the event and having them be comfortable with it; and (2) Off-duty police officers present for crowd control and traffic on 419. 

     Districts 2, 3, 4 and 5 voted AYE. 

     Commissioner Dallari voted NAY. 

CONSTITUTIONAL OFFICERS’ REPORTS

CLERK’S OFFICE

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve and authorize the following:  Expenditure Approval Lists, as shown on page _______, dated March 9, 16 and 23, 2009; Payroll Approval List, as shown on page _______, dated March 19, 2009; and approval of Official BCC Minutes dated March 10, 2009. 

     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.    Work Order #5, as shown on page _______, to PS-2564-08.

 

2.    First Amendment, as shown on page _______, to RFP-600254-07.

 

3.    Assistant and Associate Tennis Pro Agreement, as shown on page _______, for Jason Cordova.

 

4.    Parks Contract, as shown on page _______, for Steve DeCresie.

 

5.    Change Order #1, as shown on page _______, to CC-3076-08.

 

6.    Closeout, as shown on page _______, for CC-3138-08.

 

7.    Change Orders #1, #2 and #3 to Work Order #29, as shown on page ________, to CC-1075-06.

 

8.    Letter to Delro Partners LLC from Sandy Neminski, Impact Fee Coordinator, relating to outstanding Seminole County Impact Fees.

 

9.    Amendment #1, as shown on page _______, to M-3193-08.

 

10.    Amendment #1, as shown on page _______, to Work Order #42 to PS-1529-06.

 

11.    Amendment #1, as shown on page _______, to Work Order #4 to PS-2249-07.

 

12.    Amendment #1, as shown on page _______, to Work Order #5 to PS-2249-07.

 

13.    Amendment #1, as shown on page _______, to Work Order #6 to PS-2249-07.

 

14.    IFB-600532-09 Contract, as shown on page _______, for Cedar Ridge Landscaping and Grounds Maintenance, Helping Hand Lawn Care, Inc.

 

15.    Change Order #2, as shown on page ________, to Work Order #1 to CC-1284-07.

 

16.    E-mail to Susan Vernon-Devlin, Community Information Director, from Bruce McMenemy, Chief Deputy Clerk, and response e-mail from Ms. Devlin, relating to Public Records Request/Coto Correspondence.

 

17.    E-mail to Cindy Coto, County Manager, from Bruce McMenemy, Chief Deputy Clerk, and response e-mail from Ms. Coto, relating to CH2M Hill.

 

18.    E-mail to Susan-Vernon-Devlin, Community Information Director, from Bruce McMenemy, Chief Deputy Clerk, relating to Public Records Request/Coto Correspondence (CH2M Hill).

 

19.    Work Order #36, as shown on page _______, to RFP-0225-05.

 

20.    Memorandum to BCC from Maryanne Morse, Clerk of Circuit Court, Re:  Contract Auditor Collaboration Efforts.

 

21.    Work Order #19, as shown on page _______, to CC-1284-06.

 

22.    Work Order #4, as shown on page _______, to CC-2183-07.

 

23.    Amendment #1, as shown on page _______, to Work Order #30 to PS-0381-06.

 

24.    Amendment #2, as shown on page _______, to Work Order #3 to PS-1529-06.

 

25.    Amendment #1, as shown on page _______, to Work Order #15 to PS-1529-06.

 

26.    Amendment #2, as shown on page ________, to Work Order #19 to PS-1529-06.

 

27.    Third Amendment, as shown on page _______, to IFB-600168-07.

 

28.    Parks Contract, as shown on page _______, for David Crosby.

 

29.    Title Opinion, as shown on page _______, for King’s Landing at Lake Jessup Subdivision.

 

30.    Maintenance Bond, as shown on page _______, in the amount of $4,499.50 for Alaqua Clubhouse Subdivision.

 

31.    Amendment #2, as shown on page ______, to Work Order #1 to PS-0955-06.

 

32.    Work Order #9, as shown on page ______, to PS-5102-01.

 

33.    Customer Agreement for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement, as shown on page _______, for EQR-Alafaya LLC-Traditions at Alafaya.

 

34.    Amendment #1, as shown on page _______, to Work Order #89 to PS-5150-03.

 

35.    Work Order #2, as shown on page _______, to PS-3166-08.

 

36.    BOA Development Orders, as shown on page _______, for the following:  Leonard & Roberta Valania; Michael Lofaro; Weldon Brenton; Ron Smith; John & Jill Mahramus; Leon Deuel; and Robert Maier.

 

37.    Special Warranty Deed, as shown on page _______, Subject to Reverter Clause, City of Altamonte Springs, for transfer of Fire Station 14.

 

38.    Amendment #1, as shown on page _______, to Work Order #16 to PS-5175-04.

 

39.    E-mail to BCC from Maryanne Morse, Clerk of Circuit Court, and response e-mail from Cindy Coto, County Manager, relating to notification of audit engagement of PS-5190-05.

 

40.    Work Order #67, as shown on page _______, to PS-5120-02.

 

41.    Amendment #1, as shown on page _______, to Work Order #51 to PS-5120-02.

 

42.    E-mail to BCC and County Manager from Maryanne Morse relating to notification of audit engagement for PS-5190-05.

 

43.    E-mail to Cindy Coto, County Manager, from Bruce McMenemy, Chief Deputy Clerk, relating to no budget for Master Agreements for PS-5190-05.

 

44.    Copy of letter to Mr. Harry Barley, MetroPlan Orlando, relating to reappointment and appointments to the Orlando Urban Area Transportation Study Citizens Advisory Committee.

 

45.    Copy of letter to Ms. Terri Fish, Fred R. Wilson Memorial Board of Trustees Law Library, relating to reappointment to the Law Library.

 

46.    Copy of letter to Mr. Morgan Woodward, Animal Services Manager, relating to reappointment and appointment to the Animal Control Board.

 

47.    Tennis Developmental Instructor Agreement, as shown on page _______, with Stefan Rivas.

 

48.    Memorandum to Joe Forte, Deputy County Manager, and Cindy Coto, County Manager, from Bruce McMenemy, Chief Deputy Clerk, relating to BAR Consent Agenda Item #16 for March 24th Board meeting.

 

49.    Work Orders #4 and #5, as shown on page ______, to PS-1742-07.

 

50.    Work Order #8, as shown on page _______, to PS-2249-07.

 

51.    Maintenance Bond, as shown on page _______, in the amount of $5,920 for the project known as Airport Blvd. BUB Warehouse; and Maintenance Agreement in the amount of $3,800 for the project known as Casa Verde Blvd. Right-of-way.

 

52.    E-mail from Maryanne Morse, Clerk of Court, to BCC Aides and Joseph Forte, Deputy County Manager, and response e-mail from Cindy Coto, County Manager, relating to Notification of Audit Engagement for PS-5190-05.

 

53.    Revenue Agreement, as shown on page _______, with University of Florida Board of Trustees for the Florida Yards & Neighborhood Program approved by the Board on November 18, 2008.

 

54.    IFB-600569-09 Contract, as shown on page _______, for Pressure Cleaning Services, Mel Hayes Painting.

 

55.    Work Order #91, as shown on page _______, to PS-5150-03.

 

56.    Amendment #1, as shown on page _______, to Work Order #1 to PS-2108-07.

 

57.    Change Order #2, as shown on page _______, to Work Order #12 to CC-0012-05.

 

58.    Closeout, as shown on page _______, for Work Order #1 to CC-2184-07.

 

59.    Performance Bond, as shown on page _______, for RFP-600094-06.

 

60.    Closeout, as shown on page _______, for Work Order #14 to CC-1284-06.

 

61.    Closeout, as shown on page _______, for Work Order #25 to CC-1075-06.

 

62.    Work Order #112, as shown on page _______, to PS-5165-04.

 

63.    Work Order #50, as shown on page _______, to PS-1529-06.

 

64.    Third Amendment, as shown on page _______, to IFB-3099-05.

 

65.    Bill of Sale, as shown on page _______, accepting Potable and Reclaim Water Systems within the project known as Alaqua Clubhouse Subdivision.

 

66.    Amendment #1, as shown on page _______, to Work Order #27 to PS-0381-06.

 

67.    Amendment #1, as shown on page ________, to CC-3938-07.

 

68.    Change Order #4, as shown on page ________, to CC-3112-08.

 

69.    Bids as follows:  RFP-600605-09; IFB-600598-09; CC-4192-09 & CD; RFP-600584-09; PS-4202-09; RFP-600600-09; CC-4259-09 & CD of Solicitation Files; RFP-600563-09; and IFB-600612-09.

 

SHERIFF’S OFFICE

     Consideration of request to submit a grant application to the Department of Justice, Office of Community Oriented Policing Services (COPS Office), for the COPS Hiring Recovery Program was presented. 

     Commissioner Carey stated she is in support of the grant and believes it is great for three years of funding.

     Upon inquiry by Commissioner Carey, Penny Fleming, Sheriff’s Office, addressed the Board to advise over the years they have gotten 41 positions through the COPS grant.  She further advised that all 41 are still on staff. 

     Commissioner Carey questioned what will happen to these requested positions after the three-year grant expires.  Whereupon, Director Fleming stated after the three years, they will look at what they have accomplished with those positions and if they want to retain them, they will do so within their budget or transfer them into vacant positions. 

     Commissioner Henley said that if the Board approves this grant, he believes they are voting for an increase in the Sheriff’s budget in year four.  Therefore, he said he will not be supporting the approval of the grant. 

     Commissioner McLean agreed with Commissioner Henley that this would be obligating the County to pay for these positions in year four. 

     Commissioner Carey stated this is a grant in the amount of over $500,000 and she knows the Sheriff needs these three positions.  Upon further inquiry by Commissioner Carey, Director Fleming explained that they will be looking to hire three general assignment investigators.  She reminded the Board that the Sheriff consolidated the six districts into three regional districts last year; and they would be adding an investigator to each of these three districts.  They would be handling property crime, missing persons and any crime other than homicide. 

     Commissioner Van Der Weide stated the issue is that these positions end up being in the regular budget when the grant money runs out.  He added that he believes the Sheriff has done an excellent job, but the County is going to have to make some drastic cuts because of the economic times. 

     Commissioner Carey said it is not the BCC’s job to tell the Sheriff how to budget. 

     Motion by Commissioner Carey to authorize the Sheriff’s Office to execute and submit a grant application to the Department of Justice, Office of Community Oriented Policing Services (COPS Office), for the COPS Hiring Recovery Program and authorize the Sheriff to sign future documents relating to the grant. 

     The Chairman called for a second to the motion three times without response, whereupon, the motion died for the lack of same. 

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve and authorize the following: 

42.  Approval for the Sheriff’s Office to execute and submit Grant Application to the U.S. Department of Justice, Recovery Act – Local JAG formula grant program; and authorization for the Sheriff to sign future documents relating to the grant. 

 

43.  Approval by the BCC to contribute $5,100 from the Law Enforcement Trust Fund to provide funding in support of the Seminole County Bullying Prevention Program. 

 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

 

REGULAR AGENDA

     County Engineer, Jerry McCollum, addressed the Board to request direction with regard to the Pedestrian Overpass over Red Bug Lake Road at SR 426.  He displayed the County prototype and the City of Oviedo’s proposed structure.  He said County staff has been in contact with the City and has made it clear that the City would be responsible for all costs over and above the prototype construction and maintenance costs.  He added that this is the last overpass to be built and there is an underpass to be built on Lake Mary Boulevard at International Parkway. 

     Commissioner McLean stated he would like to have the City commit in writing to paying the cost for their requested design so that there is no confusion. 

     Commissioner Henley suggested the Board authorize the County Manager or Chairman to communicate with the City advising that the Board is willing to go with their design if they pick up the additional cost for same. 

     Commissioner Carey stated this is $4 million and she does not support the overpass. 

     Mr. McCollum advised that there are enhancement funds available that might come out of the Stimulus Package and the County could use those monies for this project.  He added that if the County gets the bid proposal out, this project would meet the requirements for that money. 

     Commissioner Carey said that using Federal Stimulus dollars for this project is a great idea and she would like to see them also used for the underpass.  She suggested putting bid proposals out for both projects. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to authorize staff to proceed forward with going out to bid for the Pedestrian Overpass over Red Bug Lake Road at SR 426 (County prototype & City’s proposed structure); direct the Chairman to communicate with the City of Oviedo making it clear that the City will pay for any additional costs for the enhanced City design and maintenance costs. 

     Under discussion, Commissioner Carey stated that it is the understanding that the County will seek Federal funding for this project. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Upon inquiry by Commissioner Carey, the Chairman advised it is the Board’s direction for staff to also seek Federal Stimulus money for the Underpass on Lake Mary Boulevard at International Drive.  Mr. McCollum stated staff will also look at obtaining stimulus money for the overpass at the Red Bug Lake Elementary School. 

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     The Chairman recessed the meeting at 11:05 a.m., reconvening it at 11:14 a.m., this same date. 

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     Planner, Ian Sikonia, addressed the Board to present the Final Master Plan for MGM Industrial Park located on the east side of Richmond Avenue approximately ˝ mile south of the intersection of SR 46 and Richmond Avenue, Jack Reynolds.  He advised the proposed uses for the site include all the permitted uses in the M-1 (Industrial) zoning district and outdoor storage.  The proposed plan indicates that the project will contain a total of 59,400 square feet divided between six buildings.  Office uses will be limited to 14,400 square feet and warehouse uses are limited to 45,000 square feet.  He said the applicant proposes to develop the industrial park into six phases, the first of which would be Building One and the infrastructure of the development.  He added the plan complies with all the conditions in the approved D.O. and staff recommends approval. 

     District Commissioner Carey asked staff to have the applicant look into the possibility of putting in water and sewer because another development in the area will be coming through. 

     Motion by Commissioner Carey, seconded by Commissioner Henley to approve the Final Master Plan and Developers Commitment Agreement, as shown on page _______, for the MGM Industrial Park PUD, consisting of 5.56 acres, located on the east side of Richmond Avenue approximately ˝ mile south of the intersection of SR 46 and Richmond Avenue, Jack Reynolds; and authorize the Chairman to execute same, based on staff findings. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Parks Manager Bryan Nipe addressed the Board to request direction with regard to the existing house at Wilson’s Landing Park.  He stated that on August 12, 2008, the staff brought to the Board a concept for improvements to the property which were made possible in part by a FRDAP Grant received for $76,281.10.  The scope included a pavilion, interpretive signage, boardwalk improvements and hiking path; but did not address the uses for the existing vacant house.  He said staff is offering two options – Option #1 includes costs showing the amenities awarded through grant funding and renovation of the existing house for use as office space.  Option #2 includes costs to remove the house and, in its footprint, install a pavilion.  He displayed drawings of the proposed options, advising Option #1 would cost $795,006 and Option #2 would cost $164,956 for the structures, plus $78,657 for the hardscape. 

     Commissioner Carey stated that the roof has already been done and she believes the estimate for the renovation will be much lower than what came in last year.  She requested the Board direct staff to have a set of plans drawn up for the renovation of the house and bid it out to see what the cost comes in at.  She added that she believes the $795,006 estimate is high.  She further stated that there are a lot of people who would volunteer to do a lot of the work and she would like to see if there is an economic way to develop this property so it can be used by the public. 

     Commissioner McLean stated the house is not historic and cannot be used in its current condition.  He said the dollars to renovate the house are not allocated at this time and he is not comfortable with spending that money.  Therefore, he would be in favor of moving forward with Option #2. 

     A brief discussion ensued between Commissioner Carey and Ms. Coto as to whether Natural Land funds could be used on the renovation. 

     Commissioner Henley stated he has never been in favor of renovating the house and renting it out to organizations for office use because they bought the property in order to protect it from development. 

     Commissioner Carey reiterated that she would like to see what the numbers are after plans are drawn up. 

     Commissioner Van Der Weide voiced concern with allowing one agency to occupy the house when it is renovated with taxpayers’ money. 

     Motion by Commissioner Carey to direct staff to have a set of plans drawn up for the renovation of the house at Wilson’s Landing Park and put the plans out to bid with the results of same to be brought back to the Board for further consideration. 

     The Chairman called for a second to the motion three times without response, whereupon the motion died for the lack of same. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve Option #2 which includes removal of the house at Wilson’s Landing Park, construction of a pavilion in the footprint of the existing house and the addition of paths to the boardwalk and existing walkways, interpretive signage and modification to and installation of a mooring platform on the existing boardwalk. 

     Under discussion, Commissioner Henley stated the other concern he has about the house is the continuing maintenance and operation costs for it. 

     Districts 1, 2, 3 and 4 voted AYE. 

     Commissioner Carey voted NAY. 

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     Assistant Planning Manager, Tina Williamson, addressed the Board to present the request for reduction of penalty for Code Enforcement Lien for Case #08-95-CEB, property located at 702 Fox Valley, Longwood, Scott H. Weiner and Linda M. Holden-Weiner (previous owners) and Erin Rhodes, Trustee (current owner). 

     Bill Ross, realtor, addressed the Board to advise the property has been in foreclosure for over a year and Mr. Weiner has been in and out of the hospital.  He said the Weiners were unaware of the accruing fine because they had already moved out of the house.  He further said the violation has been corrected and there are new buyers who want to purchase the property on a short sale.  He further said that all parties have come up with $5,000 for satisfying the fine; therefore, he asked for the reduction in fine to that amount. 

     Upon inquiry by Commissioner Henley, County Attorney Robert McMillan advised there was never a judgment made in the foreclosure, but he assumes it is still pending. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve a reduction to the Code Enforcement Lien from $51,750 to $27,230.80, which represents a 50% reduction of the total lien plus administrative costs of $1,355.80 for Case #08-95-CEB, for property located at 702 Fox Valley Drive, Longwood, Scott H. Weiner & Linda M. Holden-Weiner (previous owners) and Erin Rhodes, Trustee (current owner); and require these costs to be paid within 90 days or the lien will revert to its original amount; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

COUNTY MANAGER’S BRIEFING

     Ms. Coto advised the Board, for information only, of the termination of the Interlocal Agreement between Seminole County and East Central Florida Regional Planning Council for the installation and maintenance responsibilities for the Central Florida Geographic Information System. 

LEGISLATIVE UPDATE

     Commissioner Van Der Weide left the meeting at this time. 

     Assistant County Manager, Sabrina O’Bryan, addressed the Board to give an update on the legislative program (copy received & filed), advising SB 1974 (companion bill to HB 1133) prohibiting counties from enforcing limits of activity in the rural area, was added to the Finance & Tax Council’s agenda. 

     Commissioner Carey expressed her concern with SB 274, requiring the DEP to delineate the spring sheds on specified springs, stating this also requires the Department of Health to implement onsite sewage treatment and disposal system inspections.  She said this can be attached to any other bill and become law and the Board needs to pay close attention to it. 

     Ms. O’Bryan advised that the proposed solid waste disposal fee does have a House Bill (HB 5121) but there is no Senate companion bill at this time.  She said the MSBU staff ran some calculations and estimated that it would cost $2.24 per year per household. 

     Johnny Edwards, Solid Waste Manager, addressed the Board to advise that facilities with incinerators would not have to pay this tipping fee. 

     Chairman Dallari questioned if there is an exemption for using methane for energy.  Whereupon, Mr. Edwards advised unfortunately there is no exemption in the bill. 

     Ms. O’Bryan advised Collier County and others are moving forward with a resolution in opposition to this bill. 

     The Board, by unanimous consensus, directed staff to prepare a resolution with regard to HB 5121 and bring it back for consideration at this afternoon’s meeting. 

     Ms. O’Bryan discussed SB 1590, Communications Services Taxes, stating there is a bill out there that would hold the collection of this until 2011.  She added that the House Bill is no longer identical to the Senate Bill.  She advised that SB 1906 (Tabor) is going to the Government & Oversight Committee on April 16. 

     Upon inquiry by Commissioner Carey, Ms. O’Bryan advised there is a committee meeting scheduled for April 15 on SunRail. 

     Ms. O’Bryan advised that the County’s Health Department is concerned over SB 1662, which limits the Department’s ability to fill positions throughout the year to provide services to the residents.  She said they would like to oppose the repeal of the rate exemption. 

     The Board voiced no objections to sending a letter in opposition to SB 1662 and asking the County’s lobbyist to help with this. 

     Commissioner Henley requested that staff copy the municipalities on all these letters and resolutions so that they know the position the County is taking. 

     Ms. O’Bryan advised SB 1786 requires a $200 per Comp Plan Amendment charge paid by the County to DCA for review of amendments.  She also advised that appropriation budgets are coming in for both the House and the Senate and the difference between them is about $500 million.  She said a Transportation Revenue Study Committee is being proposed by SB 582 and she will forward the proposed composition of that committee to the Board.  She stated that both the House and Senate are considering reductions to mental health facilities.  The Senate is considering a 5% reduction which would result in about a $400,000 reduction to the Seminole County Mental Health Facility and the House is considering removing that program in its entirety. 

     Commissioner Carey stated she would be very concerned about this as the County could not afford not to have a mental health facility and, therefore, this would be another unfunded mandate.  She suggested moving forward with a resolution of concern about this proposal.  The Board voiced no objections to bringing back a resolution for Board’s consideration at this afternoon’s meeting. 

     Ms. O’Bryan stated the latest update on the Stimulus Funding is that Seminole County will be getting close to $16 million. 

     Upon inquiry by Commissioner Henley, the Chairman stated he will be bringing forward to the Board at this afternoon’s meeting a letter dealing with the proposed gambling movement. 

COUNTY ATTORNEY’S REPORT

     County Attorney Robert McMillan advised that a settlement has been reached with regard to C.O.D. Trees and same will be discussed under the County Manager’s Report this afternoon. 

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     The Chairman recessed the meeting at 12:10 p.m., reconvening at 1:30 p.m., this same date 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 in the Opening Session. 

PROOFS OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

     Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

LAKE OF THE WOODS MSBU

     Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance establishing the Lake of the Woods Aquatic Weed Control MSBU and the related sharing agreement between Seminole County and the Lake of the Woods Homeowners Association, received and filed.

     Carol Watral, Fiscal Services, addressed the Board to review the petition process.  She stated 47 parcels are residential or commercial parcels and six are common element land parcels.  For collection purposes, the assessment assigned to four of the six common element parcels will be allocated to the parcels associated with each respective common element parcel.  The two remaining common element parcels are owned by the Lake of the Woods Homeowners Association.  In lieu of collecting the assessment assigned to these two parcels from the associated parcels, the Association has requested the establishment of a cost sharing agreement between the County and the Association.  Execution of this agreement is proposed in conjunction with the establishment of the MSBU.  The initial cost of the MSBU will be incurred in 2008/2009 with funding to be in advance with MSBU funds.  Repayment will be allocated over the first five years of the MSBU.  The initial assessment to property owners is estimated at $380 per lakefront parcel and will be included in the 2010 tax bill.

     No one spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner McLean to adopt Ordinance #2009-14, as shown on page _________, establishing the Lake of the Woods Aquatic Weed Control MSBU and approve the related Cost Sharing Agreement, as shown on page _________, between Seminole County and the Lake of the Woods Homeowners Association, as described in the proof of publication.

     Districts 1, 2, 3, 4 and 5 voted AYE.

REZONE/Garth Schweizer

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for approximately 1.60 acres located at the northwest corner of the intersection of Monroe Road and Church Street, Garth Schweizer, received and filed.

     Austin Watkins, Planning, addressed the Board to advise the applicant is planning to develop a 9,336 sq. ft. office park with a 108 seat/2,296 sq. ft. sit-down restaurant.  The applicant is proposing permitted uses in the OP (Office) zoning classification of the Seminole County Land Development Code (LDC) plus sit-down restaurants.  The prohibited uses are daycares, churches, schools and adult-living facilities.  The subject property is assigned Higher Intensity Planned-Target Industry Future Land Use designation.  The requested uses of those permitted in the OP zoning classification are consistent with the Seminole County Comprehensive Plan, Target Industry Uses.  The applicant is proposing to design the site, structures, and accessory detail in accordance with the Florida Green Building Coalition (FGBC) Green Commercial Building standards.  The applicant is proposing numerous “green” building features as outlined in the staff report.  The applicant is requesting a parking waiver and staff has reviewed the waiver request and finds that the proposal justifies the parking waiver for reasons outlined in the staff report.  The Planning & Zoning (P&Z) Commission recommended approval of the request.  Staff also recommends approval of the request based on staff findings.

     Attorney Tom Callen, representing the applicant, addressed the Board to state he accepts staff recommendations and will answer any questions.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Henley to adopt Ordinance #2009-15, as shown on page ________, approving rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for approximately 1.60 acres located at the northwest corner of the intersection of Monroe Road and Church Street, approval of the Preliminary Master Plan and Development Order, as shown on page _________, as described in the proof of publication, Garth Schweizer, based on staff findings.

     Districts 1, 2, 3, 4 and 5 voted AYE.

CHAIRMAN’S REPORT

     Chairman Dallari stated at the Metro Planning meeting last week Mayor Rich Crotty was a little hesitant with the Regional Expressway Authority.  He said the Expressway Authority is meeting in May and for them to have a regional board he would like to know if the Board would like to move forward with a regional authority rather than having small Expressway Authorities in each county.

     Commissioner Henley stated he brought this up a couple weeks ago and there was an immediate response in favor from two Orange County Commissioners.  Mr. Snyder asked him to support it and his response was that he would enthusiastically support it as long as Seminole County had a seat on the board.  He informed Mr. Snyder that he does not relish the idea of a Board where Seminole County does not have some control and is not responsible to the citizens.

     Chairman Dallari stated he spoke to Harry Barley` today and he indicated that Lake County would be interested in moving forward with this as well. 

     Commissioner Carey stated in her mind, that building the Wekiva Parkway would trigger it to become a regional board.  Otherwise, they would control everything within the jurisdiction of Orange County.  She stated the portion that completes the beltway in Osceola County is controlled by the Osceola County BCC and she doesn’t know how that will work out.  She added she would like to know how it will work with Seminole County.

     Gary Johnson, Public Works Director, addressed the Board to state the current Seminole Expressway is operated and maintained by the turnpike enterprise up to the point where they discuss using tolls as a means of financing Wekiva Parkway.  The Wekiva Parkway as it would have been built in Seminole County was intended to be operated and maintained by the Florida Dept. of Transportation facility.  He stated he believes that in order to deal with the operation and maintenance of the toll road, they would either have a regional authority include the operation and maintenance, or they would negotiate an agreement with the turnpike enterprise.

     Chairman Dallari stated he feels this would take some time to go through the Legislature and they need to start the ball rolling by sending a letter to all affected parties as well as FDOT.

     Commissioner Carey asked if the revenues from the segment the Turnpike Authority manages now is obligated out to a certain date with a financing scheme.  Mr. Johnson stated that is a possibility.

     Commissioner Henley stated a study was done about the possibility of tolls from SR 417 to I-95 and Volusia County was not happy with that.

     Commissioner McLean stated he appreciates all the work the Expressway Authority does, but he feels it is time to move towards a regional approach.

     Upon inquiry by Chairman Dallari, Commissioner Henley suggested the Board make a motion to endorse the concept of a regional Expressway Authority and then they will be on the record.  He said the Board can inform MPO of this and then they will be on board. 

     Commissioner Van Der Weide stated he feels they can bring this up at the Seminole County Expressway Authority meeting.

     Commissioner Henley suggested briefing the mayors and managers at their next meeting.

     Upon inquiry by Commissioner Carey, Chairman Dallari advised they can write a letter to the Orange County Expressway Authority as well as MPO letting them know what they are planning to do.  There was consensus from the Board to move forward with same.

     Commissioner Henley stated he can assure the Board that the Expressway Authority is not going to be supportive of this.

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     Chairman Dallari requested that Ms. Coto set up a date and time for a joint meeting with Volusia County Commissioners relating to transportation and water issues.

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     Chairman Dallari stated he has drafted a letter (received and filed) to the State Representatives with regard to expanding gambling in Seminole County. 

     Mr. McMillan clarified for Commissioner Carey the referendum on gambling that was approved by the voters. 

     Commissioner Carey suggested putting something in the letter that says Seminole County is opposed to any gambling expansion without a voter referendum. 

     Mr. McMillan stated what the charter does is prohibit the BCC, as elected officials, from taking any action that would allow it to occur.

     Commissioner Van Der Weide clarified the reason they put those restrictions in the charter is there came a time when they were going to put river boats on the port and they put a stop to that.  It was placed in the charter for additional protection.

     The consensus of the Board was to move forward with sending a letter to the Legislature opposing efforts to expand gambling in Seminole County.

     Upon inquiry by Commissioner Henley, Ms. Coto advised this letter will be sent to all the delegates as well as the municipalities.

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     Chairman Dallari stated Ed Delapart is asking that a letter (received and filed) be sent to Mayor Cyndi Stevenson, St. Johns County Board of County Commissioners relating to protecting the St. Johns River. 

Upon inquiry by Commissioner Carey, Mr. McMillan advised the time line for any appeal is 30 days from the date the permit is issued.  He stated it will probably be within the next 45 days and he is expecting an appeal from the River Keepers and the purpose of the letter is to try to limit it to the River Keepers. 

Commissioner McLean stated he served with Chairman Stevenson on the Intergovernmental Relations Board and he will be glad to reach out to her with regard to this letter.

     The consensus of the Board was to move forward with sending the letter to Mayor Stevenson.

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     Chairman Dallari commended the Purchasing Department for winning the 2009 Excellence Award.  He requested Ms. Coto to pass this on to staff.

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed:

1.    Copy of letter (with attachments) dated 3/23/09 from Pam Rauch, FP&L, to BCC re: rate increase proposal filed with the FL Public Service Commission.

 

2.    Memorandum dated 3/20/09 from Cindy Coto, County Manager, to BCC re: authorization to pay for ice machine.

 

3.    Copy of letter (with attachments) dated 3/24/09 from Chairman Dallari to Patricia Bates, Mayor of Altamonte Springs, re: Yankee Lake Regional Water Treatment Facility.  (IDENTICAL LETTERS TO: Charlene Glancy, Mayor of Casselberry; David Mealor, Mayor of Lake Mary; Brian Sackett, Mayor of Longwood; Mary Lou Andrews, Mayor of Oviedo; John Bush, Mayor of Winter Springs; Linda Kuhn, Mayor of Sanford)

 

4.    Copy of letter dated 3/10/09 from Chairman Dallari, Commissioner McLean, Commissioner Van Der Weide, Commissioner Henley and Commissioner Carey to Governor Charlie Crist re: Wekiva Study Area Onsite Sewage Treatment & Disposal Systems.

 

5.    Copy of letter from Chairman Dallari to Ana M. Viamonte Ros, M.D., State Surgeon General, re: Wekiva Study Area Onsite Sewage Treatment & Disposal Systems.

6.    Copy of letter (with attachments) dated 3/26/09 from Cindy Coto, County Manager re:  Longwood annexations.

 

7.    Copy of letter (with attachments) dated 3/28/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: annexations of 2 vacant parcels on Wilshire Blvd., 616 Lake Howell Rd., 958 Laura St., and 350 Anchor Rd.

 

8.    Notice of 5/5/09 City of Altamonte Springs public hearing re: vacate and abandon of 750 Orienta Ave.

 

9.    Copy of letter dated 3/25/09 from Louis Renjel, CSX Transportation, to FL Senator Jeff Atwater re:  SunRail and the sale of a CSX corridor to the State of Florida.

 

10.    Letter dated 3/24/09 from Margot Knight, United Arts of Central Florida, to Chairman Dallari re: funding request for FY 2010.

 

11.    Memorandum dated 3/30/09 from Rowdy Gaines, Rowdy’s Kidz/The Limu Co., through Boyd Karns, Jr., Lake Mary High School Principal, to BCC re: new aquatic facility at Lake Mary High.

 

12.    Letter dated 3/25/09 from Greg Rockwell, SJRWMD, to Chairman Dallari re: SJRWMD Comprehensive Annual Financial Report audit.

 

13.    Copy of letter (with attachments) dated 3/31/09 from Minda Logan, United Arts of Central Florida, to Jane Peterson, Library Services Director, re: Seminole County/United Arts agreement 10/1/08-9/30/09 quarterly report January – March 2009.

 

14.    Letter (with attachments) dated 3/31/09 from Sam Stark, Jonathan Mousseau, Tom Hagood and Bruce Skwarlo, Central Florida Sports Commission, to Chairman Dallari re: February monthly activities report.

 

15.    Letter dated 3/25/09 from Liliana Acosta, Recording for the Blind & Dyslexic, to Chairman Dallari re: request for funding.

 

16.    Memorandum (with attachments) dated 3/23/09 from Cindy Coto, County Manager, to BCC re: Request to Award Miscellaneous Agreement to R.W. Block Consulting, Inc., Orlando.

 

17.    Memorandum (with attachments) dated 3/18/09 from Cindy Coto, County Manager, to BCC re: PS-5190, CH2M Hill Program Management Services Agreement.

 

18.    Memorandum (with attachments) dated 3/29/09 from Cindy Coto, County Manager, to BCC re: Partnership Opportunity for Longwood and Seminole County.

 

19.    Copy of letter dated 3/24/09 from Chairman Dallari to Congressman John Mica re: the River-To-Sea-Loop trail system and development of a trail connection.

20.    Letter dated 3/20/09 from Congresswoman Corrine Brown to Chairman Dallari re: summit to explain competitive grant funding through American Recovery & Reinvestment Act of 2009.

 

21.    Letter (with attachments) dated 4/2/09 from John Bush, Mayor of Winter Springs, to Chairman Dallari re: elimination of enclaves by agreement.

 

22.    Letter dated 4/3/09 from Keith Glatz, FL Assoc. of Public Purchasing Officers, to Chairman Dallari re: Excellence in Public Procurement Award to Seminole County Government Purchasing & Contracts Division.

 

23.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 795 – 797 N. Winter Park Dr.

 

24.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 800 Pine St.

 

25.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 1466 Bird Rd.

 

26.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 1490 Azalea Ave.

 

27.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 2824-2826 Lakeview Dr.

 

28.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 2905 Oak Ln.

 

29.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 2913 Oak Ln.

 

30.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 148-C Azalea Ave.

 

31.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 148-D Azalea Ave.

 

32.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for 148-E Azalea Ave.

 

33.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for Azalea Ave. Submerged Parcel.

 

34.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for Belle Ave.

 

35.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for Helen Street/Winter Park Dr. Parcel.

 

36.    Letter (with attachment) dated 4/7/09 from Gerald Paradise, City of Casselberry, to Cindy Coto, County Manager, re: voluntary annexation request for Vienna Dr.

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Henley informed the Board that Sun State Trees has not made a great effort of being in compliance with the requirements of the Board.  He stated Sun State indicated that they are moving things from other storage areas to that site. 

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     Commissioner Henley stated the County had anticipated getting about $9 million of federal funds for Lynx and they were notified that the new figure will be $31 million.  The County will probably end up with 300 shelters for bus stops.  The rest of the money will be going towards infrastructure and finishing up the building.  He said they are not going to start committing dollars to those things that are reoccurring expenses.  He added he anticipates the Board will be receiving about a 5% reduction in their cost for Lynx and they should be receiving a letter about that soon.

     Commissioner Carey stated she heard about some federal funds going for bus infrastructure around the country.  There were discussions about the places that build the buses and how they will benefit from that. 

     Kelli Teague, Metro Orlando, addressed the Board to state it is possible that the funding is coming from a separate category.

     Commissioner Carey requested that Ms. Teague check into that.

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     Commissioner Carey stated she had an opportunity to attend the Line Drive and Lipstick event at the Seminole County Museum about women’s baseball last Thursday and it was a great event.  She stated Allison Gejes (phonetic) sent some autograph material to be submitted to the museum for everyone to look at.

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     Motion by Commissioner Carey, seconded by Commissioner Henley to appoint John Batman to the Seminole County Historical Commission to fill the unexpired term of Linda Batman who is deceased.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Upon inquiry by Commissioner Carey, Ms. Coto advised the staff recommendations for extending the length of development orders and building permits will be brought back at the next Board meeting.

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     Commissioner Carey submitted owner’s manuals (not received and filed) relating to treatment systems for septic tanks.  She said page one has some warnings about the system.

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     Commissioner Carey reminded the Board that the Boy Scout Golden Eagle dinner is coming up at the Lake Mary Marriott on April 23.

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     Commissioner Carey stated the County Manager is working on the priorities of the citizens’ survey and that will come back to the Board.

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     Commissioner Dallari advised a community meeting was held last week in Chuluota and approximately 50 residents showed up.  He said they had a lot of nice things to say about staff as well as the BCC.

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     Commissioner Dallari stated the Central Florida Fair is scheduled for April 16 through April 26 at the West Colonial Drive Fairgrounds.

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     Commissioner Dallari stated he and Commissioner McLean were at 17-92 and Laura Street to help Mrs. Valerie Barber Simpson walk across at the traffic light on 17-92.  He stated this woman can get things done and she assured him that she will be working to get SunRail approved.

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     Commissioner Dallari stated he attended the Guardian Ad Litem Light of Hope ceremony on April 5.

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     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize Commissioner McLean to travel to Tallahassee this evening to discuss with the Transportation and Economic Committee the proposed SunRail.

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     Commissioner McLean stated the Board has had discussions about Phase II of SeminoleWay and the next step is to get the actual parcel owners together and get them involved with the public hearing portion of moving that forward.  There was discussion about the idea of citizen awareness and publicity.  He said he discussed with their lobbyist, Bobby Brantley, about approaching the Dept. of Transportation in making signs for 17-92 to designate that area as SeminoleWay.  He stated they discussed the possibility of placing four signs, one at the Port of Sanford, one at the County line, and the Board can decide where to place the other two. 

     Commissioner Henley recommended that Jerry McCollum get this done.

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     Commissioner McLean stated he will be speaking on behalf of Commissioner Henley at the Evergreen Cemetery in Casselberry.

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     Commissioner McLean stated the Board has been involved with a five week educational program at the high schools in regard to teaching 10th grade English students about the ways of work, such as how to interview, how to present yourself, how to budget your money, and how to set goals for yourself.  He added that this year he is going into a class that includes his youngest daughter.

     Mr. McMillan left the meeting at this time.

COUNTY MANAGER’S REPORT

     Ms. Coto submitted a rough draft Resolution (received and filed) relating to Seminole Behavioral Healthcare. 

     Upon inquiry by Commissioner Carey, Ms. Coto advised she is not sure if staff has had an opportunity to speak with Jim Berko, Seminole Behavioral Healthcare Director, relating to this, but if he has anything he wants to add, she will do that.

     The consensus of the Board was to adopt appropriate Resolution #2009-R-71, as shown on page ________, supporting continued State funding of special projects for the Seminole Behavioral Healthcare with same to be sent to the Legislature Delegation.

     Commissioner Carey stated she would like staff to get in touch with Mr. Berko so that he can add any pertinent info to the resolution.

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     Ms. Coto submitted a rough draft of a letter (received and filed) to the Legislative Delegation relating to County Health Departments. 

     Mr. McMillan reentered the meeting at this time.

     Upon inquiry by Commissioner McLean, Ms. Coto advised she received this from the Health Department but they can do a lead in based upon the activity that is going on in Tallahassee.

     Commissioner Carey stated staff needs to do a grammar check on this as there is some missing grammar in the second paragraph.

     The consensus of the Board was to move forward with the Health Dept. letter with the proposed changes as discussed.

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     Ms. Coto submitted a copy of a Resolution (received and filed) relating to solid waste disposal tipping fees.  She advised Collier County adopted this resolution at their meeting today.

     Motion by Commissioner McLean, seconded by Commissioner Henley to adopt appropriate Resolution #2009-R-72, as shown on page _________, opposing a solid waste disposal tipping fee to be sent to the Legislative Delegation.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Ms. Coto stated the County is getting a lot of notification relating to stimulus money and she would like to get consensus from the Board that understanding the staff is not to apply for anything that can’t be sustained at whatever dollars they are asking for, there may be instances in the future where they will have to bring those grant applications to the Board after the fact.  If the Board does not find those acceptable, then they can withdraw them at that time.  These grants are coming to staff quickly and they sometimes can’t meet the time line for agendas.

     The Board consented to moving forward with the County Manager’s recommendation regarding Stimulus Fund Grants.

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     Ms. Coto stated the Board received a letter on April 2 from the city of Winter Springs regarding annexations.  The Board approved, in 1986, an Interlocal Agreement with the city regarding enclaves.  This was addressed about two years ago and at that time the Board indicated that they would be willing to look at a model similar to Longwood in which they agreed to annexations upon change of ownership.  The city of Winter Springs was notified of this and they did not find that acceptable.  The city is again requesting the County allow them to annex these enclaves.

     Commissioner Henley recommended that they not get into the business of forcing citizens in the County to annex into the cities.  He stated they can offer them an opportunity to enter into an interlocal agreement where they can automatically annex when there is a change in ownership.

     Commissioner McLean asked how many parcels and how much acreage is involved.

     Ms. Coto advised there is a total of 264 acres and there are 17 enclaves.  She stated she doesn’t know if those are actually individual parcels.  She said she believes most of them are less than 10 acres and there are two parcels in excess of 15 acres.

     Commissioner Carey stated mandatory annexation has not been the policy of this Board.

     Commissioner McLean stated not knowing what the individual circumstances are, he feels they need to stay consistent with what they agreed to with the city of Longwood.

     Commissioner Van Der Weide stated what has been said here has been said for many years and they have never forced anyone to annex.  He added he doesn’t think that policy has changed.

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     Ms. Coto submitted a copy of a memorandum (received and filed) relating to Relay for Life Special Event Permit.  She stated the American Cancer Society Relay for Life submitted an application for the special events permit to occur on April 17 at 6:00 p.m. through 10:00 p.m. on April 18, 2009.  The Society is requesting a fee waiver in the amount of $50.00.

     Commissioner Carey stated this is a huge event and it is for a worthy cause.

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve the Relay for Life Special Event permit; and authorize a fee waiver of $50.00 for same to be held on April 17, 2009 through April 18, 2009.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Ms. Coto stated she received notification from Federal Lobbyist Jim Davenport that the Highway and Transit Reauthorization Bill deadline to apply for specific projects is this Friday.  She stated Mr. Davenport thought this would be a good opportunity for the County to put forth the SR 46 project.  This would be for planning, development and engineering.  The grant requires a 20% match which is somewhat problematic for the County at this time because the County’s match would be $1.6 million.  Staff can submit the questionnaire to see how far it gets.

     Jerry McCollum, County Engineer, addressed the Board to state the project is in the long-range plan with Metro Plan.  He stated he believes the Board understands the importance of SR 46 but they haven’t gotten any support from other counties.  He added from his perspective, the best thing to do is focus on the Seminole County part of it (about 12 1/2 miles) and that would reduce the cost significantly.  The PD&E cost would roughly be around $2˝ million.  In transportation funding reality, they would have to come up with about a half a million dollars.  It would make sense to go ahead and lay out the whole project but strictly apply for the PD&E at this stage.

     Commissioner Carey stated this is an important project in her district and this would support the airport and a lot of the development in that area. 

     Motion by Commissioner Carey, seconded by Commissioner Henley to direct staff to move forward with seeking a Federal grant for Seminole County’s portion of the SR 46 project.

     Districts 1, 2, 3, 4 and 5 voted AYE.

     Ms. Coto stated she will be meeting with all the surrounding County Managers to discuss the budgets and how they are looking at funding outside agencies.  She stated Brevard County will be attending that meeting and she will discuss this project with their Interim County Manager.

 

 

COUNTY ATTORNEY’S REPORT

     Mr. McMillan requested settlement authorization from the Board relating to claims presented by COD Trees.  He stated he would like to get this settlement authorized so they can get this wrapped up.

     Motion by Commissioner McLean, seconded by Commissioner Carey to authorize settlement of claims presented by COD Trees in the amount of $125,000; and authorize the Chairman to execute all Documents necessary to implement said settlement including the Settlement Agreement, as shown on page ________.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:32 p.m.

 

 

ATTEST:______________________Clerk______________________Chairman

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