BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
APRIL
27, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday,
April 27, 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)
Maryanne Morse, Clerk of the Circuit Court
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Father Richard
Trout, All Souls Catholic Church, gave the Invocation.
Commissioner
Van Der Weide led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Carey, seconded by Commissioner McLean, to adopt
appropriate Resolution #2010-R-87, as shown on page _______, proclaiming
April 27, 2010 as “Arbor Day.”
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey presented the Resolution
to Bill Pandos who expressed appreciation for the
proclamation on behalf of the Leisure Services Department and Seminole County
residents.
-------
Motion by Commissioner Henley, seconded by Commissioner McLean, to adopt
appropriate Resolution #2010-R-85, as shown on page _______,
designating May 6, 2010 as "A Day of Prayer in Seminole County.”
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Motion by Commissioner
McLean, seconded by Commissioner Carey, to adopt appropriate Resolution #2010-R-86, as
shown on page _______, honoring Frank Ioppolo, Jr.
for his many years of service to Seminole County and to acknowledge his receipt
of The 2010 Success Award.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner McLean advised that Mr. Ioppolo could not be present today to accept the
Resolution, but it will be presented to him at the Chamber’s Choice Awards.
-------
Dan O'Keefe, CPA, and Susan Krause, County Finance Director, addressed the Board to present the Comprehensive
Annual Financial Report (CAFR) to the Board.
A copy of the Comprehensive Annual Financial Report for Fiscal Year
ended September 30, 2009, was received and filed. Mr. O’Keefe gave the PowerPoint presentation
(copy received and filed) covering the following topics: CAFR Sections; Scope of Audit; Reports
Issued; Financial Data: Financial
Position Data and Activity Data; Comparative Data: Population, General Fund Unreserved Fund
Balance as a % of General Fund Expenditures, Per Capita Expenditures, Per
Capita Governmental Debt, Millage Rate Per Capita Taxable Property Value,
Proprietary Fund Unrestricted Net Assets as a % of Total Operating Expenses,
and Proprietary Fund Unrestricted Net Assets as a % of Long-term Debt.
Upon inquiry by Commissioner McLean on the County’s reserves in
comparison to others and where they need to be statutorily, Mr. O’Keefe stated
the County’s reserves are probably slightly under 20% and he doesn’t think the
Board wants to get them much lower than that.
He said if they “eat” into the reserves, it’s a temporary fix; and it
took a long time for them to build those reserves up.
Upon inquiry by Commissioner Carey on the
investment policy, Mr. O’Keefe stated they test the investment policy throughout
the period as they need to know throughout the year if the investments were
made properly. They test from October 1
through September against the Board-adopted policy.
County
Manager’s Consent Agenda
ACM Joe Forte advised the Board
of the following changes to the Consent Agenda:
Add-on Item #11A, Takeover Agreement Pursuant to CC-3709-08, and noted
the correction to the Contract number from CC-3079-08 to CC-3709-08; under
Leisure Services Items #32, Agreement with Speed To Win; #33, Agreement with
WSBL Sunshine Youth Sports, and #34, Agreement with Innovative Soccer Network,
are pulled from the agenda and will be brought back on May 11;
Item #9, Award CC-5225-10, was corrected to increase the amount from $217,800
to $234,000 to add two alternatives to the bid which increased the asphalt
pavement from 2” to 2½” and extended it.
Chairman Dallari stated Mr.
McDermott handed out earlier information (copy received and filed) on rates on
investment for Roses Southeast Papers, LLC, Item #46.
Motion by Commissioner Carey,
seconded by Commissioner Henley, to approve and authorize the following:
County Manager
Business Office
5. Approve
and authorize the Chairman to execute appropriate Resolution #2010-R-88, as
shown on page _______, amending the Seminole County Administrative Code Section
34.10, specifically page 34.10-7, Road Maintenance and Construction.
Purchasing & Contracts
Division
6. Approve Change Order #4, as
shown on page _______, to CC-4813-09/RTB - Seminole County Health Department
Renovations Phase II with T&G Constructors of Orlando, Florida, in the
amount of $38,814.00.
7. Approve M-5499-10/BLH, as
shown on page _______, CR 419 - Snow Hill Road to the Orange County line as a single
source procurement in the amount of $108,245.13 with Infrastructure Engineers,
Inc., of St. Cloud, Florida.
8. Approve sole source procurement
and authorize the issuance of Purchase Order(s) for Schlage
Primus Locking System and Locksmith services to Kevin's Lock and Safe, Lake
Mary.
9. Award CC-5225-10/RTB, as shown
on page _______, Seminole County Fire Training Center Parking Lot Milling and
Resurfacing, in the amount of $234,000.00 to Shoemaker Construction Company,
Inc., of Sanford, Florida.
10. Award CC-5276-10/RTB, as shown on page _______,
Wilson's Landing Park Pavilion and Canoe Launch Construction, in the amount of
$254,200.00 to Shoemaker Construction Company, Inc., of Sanford, Florida.
11. Award CC-5392-10/JVP, as shown on page _______, ARRA
Rinehart Rd. Resurfacing Project, in the amount of $363,147.67 to P&S
Paving Inc. of Daytona Beach, Florida.
11A. Approve Takeover Agreement, as shown on page
_______, pursuant to CC-3709-08 (SR 434 – Montgomery Road to I-4) with Liberty
Mutual Insurance Co., Surety, of Plymouth Meeting, Pennsylvania.
Central Services
Support Services Division
12. Approve and authorize the Chairman to execute a
settlement of the workers' compensation claim for previous employee in the
amount of $80,500 inclusive.
Community Services
Business Office
13. Approve and authorize the Chairman to execute the
Service Agreement Contract, as shown on page _______, for Glacier Consulting
Inc. for Adult Drug Court.
Community Assistance
Division
14. Approve and authorize the Chairman to execute the
CSBG-R Day Camp Provider Agreements, as shown on page _______, with the city of
Altamonte Springs, city of Casselberry, and city of Winter Springs in Seminole
County.
Environmental Services
Business Office
15. Approve the Amendment, as shown on page _______, to the
city of Casselberry and Seminole County Wholesale Water Service Agreement.
Fiscal Services
Business Office
16. Approve and authorize the Chairman to execute the Terms
and Conditions of the American Heritage Preservation Grant, as shown on page
_______, in acceptance of $2,850.00 from the Institute of Museum and Library
Services for a Historical Map Conservation Project.
17. Approve and authorize the Chairman to execute an Acceptance
Form, as shown on page _______, with the U.S. Department of Housing and Urban
Development required for Seminole County to receive an additional $265,248 in
grant funds through their Shelter Plus Care Program.
18. Approve and authorize the Chairman to execute a Grant
Agreement, as shown on page _______, with the Florida Department of Transportation
in acceptance of $9,962.46 through their State Highway Lighting, Maintenance,
and Compensation Program.
19. Approve to submit a grant application to the Florida
Department of Environmental Protection requesting $700,000 through their Section
319 Nonpoint Source Management Program; and authorize the Acting County Manager
to execute any documents as may be required for the application.
Budget Division
20. Approve and authorize the Chairman to execute
Resolution #2010-R-89, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-50 in the amount of $76,336,680 through the Water and Sewer
Operating Fund, and the Water and Sewer Revenue Bonds, Series 2010 A&B Fund,
to budget the transfer of proceeds from the sale in accordance with the closing
memorandum and bond covenants, and associated debt service.
21. Approve and authorize the Chairman to execute
Resolution #2010-R-90, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-54 through the Fire Protection Fund in the amount of
$281,836.00 to appropriate funds for testing and replacement of fire hoses.
22. Approve and authorize the Chairman to execute
Resolution #2010-R-91, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-55 through the Neighborhood Stabilization Grant Program Fund
in the amount of $122,198 to increase funding for the Neighborhood
Stabilization Grant Program.
23. Approve and authorize the Chairman to execute
Resolution #2010-R-92, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-56 through the Community Services Grant Fund in the amount of
$265,248 to increase funding for the Shelter Plus Care
grant program.
24. Approve and authorize the Chairman to execute
Resolution #2010-R-93, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-58 through the Historical Commission Fund in the amount of
$2,850 to allocate funds for the Museum’s County Map Conservation Project.
25. Approve and authorize the Chairman to execute Resolution #2010-R-94,
as shown on page _______, implementing Budget Amendment Request (BAR) #10-59
through the Boating Improvement Fund in the amount of $35,500 to allocate funds
to the city of Casselberry and city of Sanford Boating Improvement Program as
approved by the Board on June 9, 2009.
26. Approve and authorize the Chairman to execute
Resolution #2010-R-95, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-60 through the Growth Management Grant Fund in the amount of $9,962 to supplement the costs to maintain
the lights located along the 17-92 Corridor between the Orange County line and
Lake of the Woods Boulevard.
Growth Management
Planning & Development Division
27. Approve and authorize the Chairman to execute the
final plat for Goldeneye Point, containing four commercial lots on an 8.159
acre parcel zoned PCD (Planned Commercial Development), located at the southeast
corner of Red Bug Lake Road and Mikler Road (CA Stone
PCD), in Section 19, Township 21 S, Range 31 E (CWS-Oviedo Development, LLC).
28. Approve and authorize the Chairman to execute the
minor plat for Gabriella Place located on the north side of Gabriella Lane,
east of Dodd Road in Section 25, Township 21 S, Range 30 E (Ronald Morris).
29. Approve the Release of Lien in the amount of
$9,000.00, Case No. 09-79-CEB, on the property located at 1231 Glastonberry Road, Maitland, Tax Parcel
#20-21-30-502-0A00-0090, previously owned by Theodore and Tracy Peters and
currently owned by U.S. Bank, Trustee, and authorize the Chairman to execute a
Release of Lien, as shown on page _______.
30. Approve the Release of Lien in the amount of
$14,500.00, Case No. 09-124-CEB on the property located at 141 Grackle Court,
Casselberry, previously owned by Jose J. and LizMarie
D. Duarte and currently owned by ENGB Prop, LLC & FASSB, Inc., and
authorize the Chairman to execute the Release of Lien, as shown on page _______.
31. Approve the Release of Lien in the amount of
$29,500.00, Case No. 08-184-CEB, on the property located at 2152 Ridge Drive,
Winter Park, Tax Parcel #33-21-30-502-0D00-0150, previously owned by Marlo Spahalski and currently
owned by Deutsche Bank Trust Company, and authorize the Chairman to execute a
Release of Lien, as shown on page _______.
Leisure Services
Parks & Recreation Division
32. Pulled from the agenda the request to approve and authorize the
Chairman to sign the Agreement with Speed To Win to
offer specialty sports training.
33. Pulled from the agenda the request to approve and authorize the
Chairman to sign the Agreement with WSBL Sunshine Youth Sports to offer Summer
Sports Programs.
34. Pulled from the agenda the request to approve and authorize the
Chairman to execute the Agreement with Innovative Soccer Network.
Public Works
Business Office
35. Approve the reappointment of Commissioner Gary L. Brender, city of Lake Mary, as a Municipal Representative
to serve on the Seminole County Expressway Authority, pursuant to the unanimous
recommendation of the seven cities located within Seminole County.
Engineering Division
36. Adopt appropriate Resolution #2010-R-96, as shown on
page _______, and authorize the Chairman to execute a County Subordination
Agreement, as shown on page _______, with the State of Florida Department of
Transportation (FDOT) for property needed for the Commuter Rail Transit System,
identified by FDOT as Parcel Number 500.4R.
37. Adopt appropriate Resolution #2010-R-97, as shown on
page _______, and authorize the Chairman to execute a Subordination of County
Utility Interests Agreement, as shown on page _______, with the State of Florida
Department of Transportation for property needed for the Commuter Rail Transit
System, identified by FDOT as Parcel Number 516.6.
38. Approve and authorize the release of a Right-of-Way
Utilization Permit Maintenance Bond (Number 18398) in the amount of $20,311.73
submitted for road improvements in conjunction with the Star Child Academy
Project.
39. Approve and authorize the release of a Right-of-Way
Utilization Permit Maintenance Bond (Number MB7568) in the amount of $4,174.40
submitted for road improvements in conjunction with the Rainer Drive Project.
40. Approve and authorize the release of a Right-of-Way
Utilization Permit Maintenance Bond (Number 024-010-847) in the amount of
$15,226.00 submitted for road improvements in conjunction with the Brentwood Club
Project.
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
41. Approval of Expenditure Approval List, as shown on
page _______, dated March 29, 2010; and Payroll Approval List, as shown on page
_______, dated April 1, 2010; and approval of BCC Official Minutes dated March
23, 2010.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
The Board noted, for information only, the following Clerk's “received
and filed”:
1. BOA Development Order #10-30000019, Matthew Fitzgerald Variance, as
shown on page _______.
2. Restrictive Use Covenant, as shown on page _______, for Ruby
Builders, Inc.
3. Work Order #27, as shown on page _______, to PS-5190-05.
4. Warranty Deed and Consent, as shown on page _______, for Jose A.
Marrero, Jr. and Carmen D. Negron relating to Chapman Road.
5. Work Order #26, as shown on page _______, to PS-5175-04.
6. Work Order #34, as shown on page _______, to RFP-4277-09.
7. Amendment #1, as shown on page _______, to Work Order #60 to
PS-1074-06.
8. Work Order #69, as shown on page _______, to RFP-4214-04.
9. Work Orders #35 & #36, as shown on page _______, to
RFP-4277-09.
10. Work Order #24, as
shown on page _______, to PS-5182-05.
11. Training Provider
Agreements, as shown on page _______, for Techskills,
LLC and Orange County Public Schools.
12. Amendment #6, as shown
on page _______, to PS-5191-05.
13. Change Order #11, as
shown on page _______, to CC-2702-07.
14. Contract for Services,
as shown on page _______, for Ian Bose.
15. Revenue Agreement, as
shown on page _______, with University of Florida Board of Trustees for the
Florida Yards & Neighborhood Program (FYN).
16. Recorded Resolution
#2010-R-17, as shown on page _______, vacating and abandoning a right-of-way
for James A. Robertson, as approved by the BCC on January 12, 2010.
17. Change Order #2, as
shown on page _______, to CC-4864-09.
18. Change Order #2, as
shown on page _______, to CC-4754-09.
19. Work Order #23, as
shown on page _______, to PS-5182-05.
20. Amendment #1, as shown
on page _______, to Work Order #124 to PS-5165-04.
21. Change Order #1, as
shown on page _______, to Work Order #28 to CC-1284-06.
22. Closeout, as shown on
page _______, for Work Order #28 to CC-1284-06.
23. Amendment #1, as shown
on page _______, to Work Order #32 to RFP-4277-09.
24. Closeout, as shown on
page _______, for Work Order #34 to CC-1075-06.
25. Closeout, as shown on
page _______, for Work Order #28 to CC-1075-06.
26. Closeout, as shown on
page _______, for Work Order #31 to CC-1284-06.
27. Change Order #1, as
shown on page _______, to CC-4847-09.
28. Change Order #3, as
shown on page _______, to Work Order #39 to CC-1075-06.
29. Work Order #80, as
shown on page _______, to PS-5120-02.
30. Utility Agreements, as
shown on page _______, for water and sewer service with Taylor Morrison of
Florida, Inc., for the project known as Terracina at
Lake Forest Ph. 4.
31. Bills of Sale, as
shown on page _______, for the projects known as Shoppes at Aloma
Walk and Sunshine Builders Timocuan Way Bldg.
32. Utility Easement and
Conservation Easement, as shown on page _______, for L.V. Thompson Family, LLC.
33. Work Order #38, as
shown on page _______, to RFP-4277-09.
34. Change Order #7, as
shown on page _______, to CC-3519-08.
35. Closeout, as shown on
page _______, for CC-2424-07.
36. Memorandum and
Amendment, as shown on page _______, to Jewish Family Services of Greater
Orlando, Inc. Homelessness Prevention and Rapid Re-Housing Program Subrecipient Agreement, as approved by the BCC on September
22, 2009.
37. IFB-600827-10 Term
Contract, as shown on page _______, for Post Exposure Prophylaxis Physician
Consultant Services Agreement, Jason C. Sniffen,
D.O., d/b/a Infection Control Consultants.
38. Work Orders #73 &
#74, as shown on page _______, to PS-1074-06.
39. Work Order #19, as
shown on page _______, to CC-2190-07.
40. Amendment #1, as shown
on page _______, to Work Order #6 to PS-0219-05.
41. Change Order #6, as
shown on page _______, to CC-3519-08.
42. Work Order #44, as
shown on page _______, to CC-1075-06.
43. Letter of
Understanding, as shown on page _______, with the city of Lake Mary for Ambient
Environmental Monitoring.
44. South Seminole &
North Orange County Wastewater Transmission Authority Public Facilities Report
and Comprehensive Annual Financial Report for FY ended September 30, 2009.
45. Amendment #1, as shown on page _______, to
Work Order #26 to PS-5190-05.
46. Change Order #1, as
shown on page _______, to Work Order #42 to CC-1075-06.
47. Change Order #1, as
shown on page _______, to CC-4923-09.
48. Change Order #2, as
shown on page _______, to CC-3709-08.
49. Change Order #1, as
shown on page _______, to CC-4623-09.
50. Closeouts, as shown on
page _______, for Work Orders #41, #42 & #43 to CC-1075-06.
51. Amendment #1, as shown
on page _______, to Work Order #15 to RFP-4277-09.
52. Change Order #1, as
shown on page _______, to Work Order #15 to CC-2184-07.
53. Amendment #5, as shown
on page _______, to PS-0369-05.
54. Change Orders #15
& #16, as shown on page _______, to RFP-0613-06.
55. Bids for IFB-600844-10
and IFB-600855-10.
-------
Motion by Commissioner Carey, seconded
by Commissioner McLean, to approve and authorize the following:
Sheriff’s Office
42. Approval by the Board of County Commissioners to
contribute $500 from the Law Enforcement Trust Fund to the Florida Department
of Law Enforcement’s Missing Children Clearing House Advisory Board.
43. Approval by the Board of County Commissioners to
contribute $14,000 from the Law Enforcement Trust Fund to provide funds for
"Project Graduation" to Seminole County High Schools.
44. Approval for the Sheriff’s Office to execute and
submit a grant application to the National Institute of Justice for the 2010
Paul Coverdell Forensic Science Improvement Grant, and authorize
the Sheriff to sign future documents relating to the grant.
Districts 1, 2, 3, 4 and 5
voted AYE.
REGULAR AGENDA
Ian Sikonia,
Planner, addressed the Board to request approval of the Final Site Plan and
Developer’s Commitment Agreement for the Cathcart PCD
consisting
of 1.9 acres, located 1,000 feet west of the intersection of Mikler Road and SR 426. He corrected the record to reflect the recent name
change of Mikler Road to Connection Point. He said staff is recommending Board approval
of the Final Site Plan and Developer’s
Commitment Agreement for the Cathcart PCD.
District Commissioner Dallari also
recommended approval of the Final Site Plan and Developer’s Commitment
Agreement for the Cathcart PCD as requested.
Motion by
Commissioner Van Der Weide, seconded by Commissioner McLean, to approve the Final
Site Plan and Developer’s Commitment Agreement, as shown on page _______, for
the Cathcart PCD consisting
of 1.9 acres, located 1,000 feet west of the intersection of Mikler Road and SR 426, and authorize the Chairman to execute
the documents, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Bill McDermott, Economic Development,
addressed the Board to request Board approval of a Jobs Growth Incentive Agreement with Roses Southeast Papers, LLC, and
an Interlocal Agreement with the city of Sanford. He stated this addition will allow Roses
Southeast to do conversion operations in this facility. They will be adding 50 jobs over the next
three years as a result of this expansion and capital investment. He advised the city of Sanford has already
approved their 50% participation. He is
asking the Board to approve the 50% match of the $100,000. Mr. McDermott introduced the General Manager
for Roses Southeast, who was present.
District Commissioner Carey said they are
proud to have Roses Southeast come into this area and it is good to see them
expanding.
Motion
by Commissioner Carey, seconded by Commissioner Henley, to approve and authorize the Chairman to execute
a Jobs Growth Incentive Agreement, as shown on page _______, with Roses
Southeast Papers, LLC, and approve and authorize the Chairman to execute
an Interlocal Agreement, as shown on page _______, with the city of Sanford.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Mr. McDermott requested Board adoption of a
resolution recognizing Advanced Solar Photonics, LLC as a Qualified Target
Industry (QTI) and providing an appropriation of $90,000 as local participation
in the QTI tax refund program, and approval of an Interlocal Agreement with the
city of Lake Mary. He advised the
company will be manufacturing solar panels and will add 150 jobs that will
probably be in place within a one-year period.
The capital investment is $7.9 million.
The city of Lake Mary will participate in the QTI, and the Board’s
approval will be conditioned upon the City’s May 6, 2010, Commission
meeting. The City Commission has agreed
to take this matter up and approve it at that time.
Commissioner McLean said it is exciting to
see a QTI with capital investment.
District Commissioner Carey stated the
average pay on this job is quite high as well.
She said it is impressive to see what this company is doing.
Motion
by Commissioner Carey, seconded by Commissioner McLean, to approve and
authorize the Chairman to execute Resolution #2010-R-98, as shown on page
_______, recognizing Advanced Solar Photonics, LLC as a Qualified Target
Industry (QTI) and providing an appropriation of $90,000 as local participation
in the QTI Tax Refund Program; and approve and authorize the Chairman to execute
the Interlocal Agreement, as shown on page _______, with the city of Lake Mary.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner Henley requested the
opportunity at this time to present the Resolution to Ms. Maureen Bravo
designating May 6, 2010, as “A Day of Prayer in Seminole County.” Ms. Bravo addressed the Board to express, on
behalf of the National Day of Prayer, thanks to the Commission for proclaiming
the Day of Prayer on May 6.
COUNTY MANAGER’S BRIEFING
Mr. Forte advised that Lisa
Spriggs, Fiscal Services Director, will give the briefings for the next three
items.
The Informational Budget Amendment
Status Report FY 2009/10 for the period ending March 31,
2010, was presented.
Clerk Maryanne Morse addressed the Board to
state there are some corrections on the information report she would like to
address. She referred to the back of the
second page regarding BAR 10-42 and said the report says this BAR was voided,
but it was not. She said BAR 10-47 was
voided. She corrected the DFS Report information
sheet, third item, Water & Sewer Fund, Environmental Services, to read $21,961,236
(instead of $22,261,236) and eighth item, Solid Waste, Environmental Services,
to read $52,280 (instead of $52,268).
Commissioner Carey said it
seems so much time has lapsed and if a correction needs to be made, it would be
nice if it is made when they are actually looking at the information.
Mr. Forte stated there is an
issue with regard to BAR 10-47 which came before the Board and is a Natural Lands
item.
Ms. Spriggs stated this was a
Budget Amendment approved by the Board on March 9, 2010, and it has not been posted
to the system so staff cannot execute it.
This was on the March 9, 2010, agenda.
Mr. Forte explained this item
was for $8,400 for the Natural Lands Program.
In the agenda item, it did not indicate the revenue source. This was to be paid for out of the reserves
account and they were to reimburse the reserve account. Ms. Morse has said BAR 10-42 is good.
Ms. Spriggs stated Ms. Morse is
accurate with regard to the two categories that were changed. This report reflects transfers and is as of
March 31. With regard to the voided
entries, they should not have appeared on the report. She said now staff will not put anything into
the report until it is final. Initially,
these were put in and then the staff did additional preparation. The next report should be accurate. With regard to the second issue that Mr.
Forte brought up, that is the Budget Amendment approved by the Board. She clarified that this report is for information
only and is only staff-executed transfers.
The Budget Amendment was an item on March 9 for $8,250 and it was to
provide additional funding for the summer programs through Leisure Services and
is to be funded through the Reserve Account of Natural Lands. In the agenda memo, it was explained that the
fees were being looked at. She said the
agenda and Budget Amendment clearly stated they were to pull money from
reserves and any money received from the camp fees would be placed back into
the endowment fund. Now, Leisure Services
need to begin to execute the program and without this Budget Amendment being
posted, the staff cannot buy some of the things they need for the program.
Commissioner Carey stated what
concerns her is when this Board takes action and approves something,
she doesn’t believe the Clerk has the discrepancy of not doing what the Board
approves. She said what is going on is
disruptive to the point it is ridiculous.
The Board needs their staff to be focused on their jobs and not going
back to defend something this Board has done.
She added that it is the Clerk’s responsibility to post things this
Board has approved.
Ms. Morse said if the
information is not correct, her office does not post it, and if something is
out of balance, they don’t post it either.
She said by the Board’s own Administrative Code, they can’t have
negative balances.
Commissioner Carey said they
are talking about the Natural Lands reserves and she believes there is lot of
money there.
Commissioner Henley said it
appears as far as the Natural Lands program is concerned, it is fee-based and
can’t be balanced until you collect the fees; and you won’t collect that until
you start the program. Apparently, the
Board did not communicate that enough.
Susan Krause, County Finance
Director, stated she was trying to talk to Mr. Forte about the question she had
and was never able to do that. Her
question was with a revenue-driven program, when revenues are accepted,
normally the Board approves those as part of the program. The documents state there will be fees
charged. It will not be a free
program.
Commissioner Carey explained
there was another item on the same day that had the program and fees that tied
back to the BAR. The only discussion
that day on the fees was to see some way they could tighten up the fees. The program was approved and the fees were
presented as part of that on the same day.
Ms. Krause stated she was
trying to talk to Mr. Forte to make sure they were on board with the same thing. Her issue was trying to record as much money
as she could. This was taking money out
of the reserves, and she was asking for clarification.
Commissioner Van Der Weide
stated the Board makes that decision. In
his opinion, it would not be illegal and is not breaking the law. He would think it is the Clerk’s
responsibility to act according to what this Commission does. If there is a problem with the Administrative
Code, they can change that right away.
He said he doesn’t think that is the issue; there is something going on
and it seems to be a real problem.
Chairman Dallari said if the
Commission decides to take money out of the reserves, that
is fine. He asked when the money comes
in, does it go back into the reserves or where does it go. He said that was not addressed by the
Board. He also asked how long has this issue
been going on.
Mr. Forte said this is time
sensitive. It’s been going on since the
BAR was presented in March. He stated
the funds would go back into the reserves.
Ms. Spriggs said positive
accounting would be to accept the money as revenue. The memorandum stated where all the money
would go.
Chairman Dallari asked if there
were any objections that whatever revenues received will go back to the line
item that the money was actually borrowed from.
He said they need to make sure they are all on the same page.
Mr. Forte said he did not have
a problem with that.
Commissioner Van Der Weide said
he wants to make sure the staff has no problem.
He thinks if it is not against the law and not against General Fund
policy, it’s the Board’s decision.
Commissioner Carey said she
thinks they have a lot of things going on between the Clerk’s County Finance
staff and the Board’s finance staff.
They have a lot of work they need to be doing and their finance
department works for them. She said she would
like to direct their finance staff to report directly to Mr. Forte.
Commissioner Van Der Weide
stated he thinks it is an issue of who is talking to who
and who has the responsibility.
Chairman Dallari said he wants
to bring up the contra accounts issue this afternoon and thinks the Board needs
to have a work session on that.
Upon inquiry by Mr. Forte if
there was enough explanation to go ahead and post, Ms. Morse said if the
Board’s decision is that the money goes back to the line item instead of
reserves, that is what will happen.
-------
Ms. Spriggs presented the Annual
Fiscal Performance Report for Fiscal Year 2008/09 (copy was received and
filed). She said this report goes into
more detail as it shows the historical trend and how they actually came out,
the revenues and expenditures areas and overall funds. She advised staff posted all this
information on the web site and the public can view it. She reviewed from the Introduction
on the Revenues, Personal Service Expenditures and Reserves; Countywide Ad
Valorem Revenues, page 5; the Half-Cent Sales Tax, page 6; Gas Tax, page 11; Fund
Summary, page 30; Transportation Trust Fund, page 31; Building Program Fund,
page 33; Tourism, page 34; Fire Protection Fund, page 35; Stormwater,
page 36; Department Summary, page 45; Reserve Summary, pages 67 and 68;
Reconciliation to CAFR, page 78; Grants, pages 80 and 81; Debt Service, page
91; and Capital Projects, pages 97 and 98. Ms. Spriggs noted the Project Status Report
follows on pages 99-123.
-------
Ms. Spriggs presented the Project
Fiscal Summary FY 2009/10 (through March 31, 2010) status
update for informational purposes only, stating this is the staff’s first
attempt to provide a project status report.
She advised as of March 31, 2010, $367.1 million is budgeted for various
projects; $39.8 million has been spent, $136.8 million is encumbered, and there
is still $190.6 million available to encumber and execute contracts set
aside.
Commissioner Carey thanked Ms. Spriggs for putting together this
report and said she thinks it is going to be important to the Board this
year. She said they already know they
are going to have a deficit, and to know how much money is spent and encumbered
and what is available for next year is important.
-------
Chairman Dallari recessed
the meeting at 10:48 a.m., reconvening at 1:30 p.m. this same date with
all Commissioners and all other Officials, with the exception of Deputy Clerk
Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present
at 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
APPEAL AGAINST THE BOA,
CYNTHIA LUEDKE
Proof of
publication, as shown on page _______, calling for a public hearing to consider
an Appeal against the Board of Adjustment’s decision to approve a Special
Exception for a Bed & Breakfast in the A-5 (Rural Zoning Classification),
on property located on the west side of Jungle Road approximately 600 feet
north of Fort Lane Road, Cynthia Luedke, received and
filed.
Planner,
Kathy Fall, addressed the Board to present the appeal, advising staff’s
recommendation is for the BCC to uphold the Board of Adjustment’s
decision.
Upon
inquiry by District Commissioner McLean, Ms. Fall advised there was concern
brought up at the BOA meeting relative to the air traffic being an impact at
the nearby airstrip. However, she said
the Board cannot put conditions on this request that would affect a separate
parcel as the airstrip was already approved in 1996. She further advised the Board that the
applicant’s property is contiguous to the trail.
Cynthia Luedke, Appellant, addressed the Board to advise she lives
less than a half mile from the property in question. She said it is interesting to note that the
Planning staff and members of the Commission have attended meetings and an open
house to tour the property, but have not given serious consideration of what is
driving the neighbors’ objections to the special exception. She said she believes the B&B is
inconsistent with the rural area. She advised
that one of the standards for granting a special exception is that it will not
adversely affect the surrounding area.
She stated she submitted a petition to the BOA consisting of 79
signatures of people in opposition to the B&B and it was largely
ignored. She expressed her concern that
Steve Coover (BOA member) voted on this issue when
Mr. Shaw (property owner) has been a client of his. She also expressed concern that there was not
any public notification of this requested special exception. She said the residents do not want their
rural community to be a tourist stop and this will cause increased air traffic
to the nearby airstrip. She stated that
the airstrip is supposed to be for residents and homeowners and not a
commercial venture. She requested that
the Board give consideration to the residents who are opposed to the B&B
and deny the special exception.
Kathy
Hattaway, representing property owner Dan Shaw, addressed the Board to briefly
discuss the procedures for conducting an appeal of the BOA. County Attorney, Robert McMillan stated Ms.
Hattaway can now make the property owner’s presentation.
Ms.
Hattaway advised they have been working with County staff since September to
make sure, not only the application meets the criteria for the special
exception, but the criteria outlined in the A-5 zoning district. She said Mr. Shaw has hosted community
meetings and appropriate notice was given to all property owners within 300
feet of the subject property as required by the Code. She further said that there are a number of
inaccurate things in Ms. Luedke’s appeal letter. She clarified that the zoning is not being
changed from A-5 Rural – the special exception is a use under the A-5
zoning. In Ms. Luedke’s
petition, she states that the primary use for the special exception is for
social gatherings; but the primary use is for a two-room (maximum 3-room) bed
& breakfast. She said the accessory
use is social gatherings under specific conditions. Ms. Luedke also has
said that B&B’s are mostly located in historical districts. However, the County’s code does not agree
with that. The Code, in fact, says that
a B&B must be adjacent to and encompass the trail system. She stated that Mr. Shaw’s property not only
is adjacent to the Lake Proctor wilderness area, but contains the only
pedestrian and horse access to the trail and wilderness system. Ms. Hattaway clarified that BOA member Mike
Hattaway is her former father-in-law and he recused himself from the vote on
this issue. She also clarified that Mr.
Shaw is not seeking a liquor license and that the airstrip is not related to this
application.
Upon
inquiry by Commissioner Henley, Dan Shaw, property owner, addressed the Board
to advise the Southland Airstrip is privately-owned by the homeowners
association and does not have a frequency assigned to it.
Upon
further inquiry by Commissioner Henley, Ms. Hattaway clarified that the B&B
will have two bedrooms with a maximum of one additional bedroom in the
future.
Commissioner
Carey stated she was concerned with Ms. Luedke’s
comment in her letter regarding BOA member Steve Coover
as Mr. Coover is her appointment. At her request, Attorney McMillan advised
that the Code requires all members to vote on an issue unless there is a
current relationship and a conflict of interest.
Commissioner
Carey said in her experience, B&B’s are normally located in rural areas
where there are not any hotels. She
added that by definition, the Code stipulates where B&B’s should be
located.
Fred
Stringer, 930 Old Lake Harney Road, addressed the Board to advise he is in
favor of the B&B as he believes it is viable for someone passing through
the area where there are no hotels.
Rocky
Harrelson, 225 Carolina Way, addressed the Board to advise he opposes the
appeal and supports the B&B.
Scott
Bush, 21001 Reindeer Road, addressed the Board to indicate that he opposes the
appeal and supports the B&B.
Joe Pires, 107 Whitcomb Drive, addressed the Board to advise he
represents the Southland Airstrip Association and is in favor of the special
exception, stating he believes it will generate minimal traffic.
Laura
Wood, 107 Whitcomb Drive, addressed the Board to state she opposes the appeal
and supports the B&B.
Sally
Sloan, 135 Whitcomb Drive, addressed the Board to advise she is the sister of
Johnny Southerland who was the first owner of the property in question. She said she vehemently opposes the B&B.
Commissioner
Van Der Weide left the meeting at this time.
Ms. Sloan
submitted for the Record an article from the Oviedo-Winter Springs Life
Magazine featuring Mr. Shaw’s hangar guest house, stating in the article Mr.
Shaw refers to having a B&B. She
complained that several planes have crashed in the lake and said that Mr. Shaw
has orchestrated all this building in the area over the years. She asked the Board to deny the special
exception for the B&B.
Commissioner
Van Der Weide re-entered the meeting at this time.
Ms. Luedke discussed the web site and advertising Mr. Shaw is
doing for the B&B. She disagreed
that a typical B&B is in a rural setting and stated that she feels the
airstrip and the B&B are connected and that should be taken into consideration.
Ms.
Hattaway submitted for the Record a copy of the petition and newsletter
circulated by Ms. Luedke, stating both have
misinformation in them.
No one
else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Upon
inquiry by Commissioner Carey, Ms. Fall stated the conditions placed on the
special exception are to ensure that the B&B is compatible with the
surrounding A-5 District. She added that
the B&B will be limited to a maximum of three bedrooms.
Upon
inquiry by Commissioner Henley, Ms. Fall advised the guest house will also have
to meet the building code and address any safety issues.
Attorney
McMillan advised Commissioner Henley that he believes after six months, the
Tourist Development Tax will kick in.
District
Commissioner McLean stated he believes there have been some challenges in the
neighborhood and he hopes both sides can come together regardless of where this
goes because they will be living in the same community. He further stated that there is a separation
between what is going on at the airstrip and the request for the special
exception that is currently before the Board.
Therefore, he recommended approving the special exception; and asked
that Mr. Shaw reach out to his neighbors in order to work out any
challenges.
Motion by Commissioner McLean, seconded
by Commissioner Carey to deny the Appeal; thereby, upholding the Board of
Adjustment’s decision to approve a Special Exception for a Bed and Breakfast in
the A-5 Rural Zoning Classification, on property located on the west side of Jungle
Road approximately 600 feet north of Fort Lane Road, as described in the proof
of publication, Cynthia Luedke.
Districts
1, 2, 3, 4 and 5 voted AYE.
FY 2009/2010
MID-YEAR BUDGET
Proof of publication, as shown on page ________, calling for a public
hearing to consider the FY 2009/2010 Mid-Year Budget Amendment Resolution,
received and filed.
Director
of Fiscal Services, Lisa Spriggs, presented the proposed resolution, advising
this is a true-up of the budget.
Commissioner
McLean asked Ms. Spriggs to address the $5.8 million increase in revenues. Whereupon, Ms. Spriggs advised the $5.8
million will go into the economic stabilization reserve account.
Commissioner
McLean stated that $5.8 million equates to the property taxes of about 12,000
residents, which is about the size of the city of Longwood. He added he hopes the Board keeps this in
mind as they go through their budget process.
No one
spoke in support or in opposition.
Motion by Commissioner
Carey, seconded by Commissioner Van Der Weide to adopt appropriate Budget
Amendment Resolution #2010-R-99, as shown on page _________, for the FY
2009/2010 Mid-Year Budget adjustment, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari reminded the Board of the joint work session scheduled with the School
Board and Cities on May 25. A brief
discussion ensued with regard to the timelines.
-------
Chairman
Dallari advised he will be bringing to the Board a resolution for Code
Enforcement Officers’ Appreciation Week.
-------
Chairman
Dallari requested Mr. Forte to meet with the Clerk’s Office on contra accounts
and then report back to the Board. Mr.
Forte stated he will work with his staff on that as well.
-------
Chairman
Dallari advised he has requested staff to bring back at the June 8 BCC meeting
a request to advertise a public hearing to change the Building Code dealing
with contractor competency cards.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Van Der Weide stated he has been working with the Sabal
Point community on their issues regarding the dredging of Sweetwater Lake.
-------
Commissioner
Henley advised of a recent drive-by shooting incident that occurred in the Winwood community.
He said he met with the residents who are concerned for their safety and
the lack of lighting. He further said
this is a neighborhood that needs the Board’s attention. He requested the staff to look at the
situation and make some recommendations on how to make the neighborhood safer
and then come back to the Board with a presentation.
-------
Commissioner
Henley stated he attended the Crime Victims’ Rights Luncheon last week where
officers who worked the Towers disaster (Sept. 11) were honored.
-------
Commissioner
Henley advised LYNX will be moving into their own bio-blend fuel and they will
be hosting an Open House on May 1st for same.
-------
Commissioner
Carey reported on flooding issues in her District, especially in the Orange
Boulevard area.
-------
Commissioner
Carey advised of information she received from FAC regarding a lawsuit against
Office Depot which is accused of overcharging some counties. She gave the information to Attorney McMillan
so that he can determine if Seminole County has a claim.
-------
Commissioner
Carey wished all the mothers a Happy Mother’s Day.
-------
Commissioner
Dallari recommended appointing Gail Nagan to the
Animal Control Advisory Board.
Motion by Commissioner
Carey, seconded by Commissioner McLean to appoint Gail Nagan
to the Animal Control Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Dallari commended Stormwater
Manager, Owen Reagan, for attending the Tiffany Woods Homeowners Association
meeting with him to discuss stormwater issues.
COUNTY
ATTORNEY’S REPORT
County
Attorney Robert McMillan clarified for the Board that the time frame to
collection Tourist Development Tax is six months or less. He also clarified that according to the Code,
the applicant makes his/her presentation first at the Board of Adjustment
appeal public hearings.
-------
Attorney
McMillan advised of another lawsuit being filed with regard to online travel
agencies and the way they are collecting the Tourist Development Tax. He said currently there are three cases
pending in the State of Florida. Leon
County filed and 12 other counties are participating in that case; and Monroe
County has just filed a class action suit on behalf of all the counties that
levy a Tourist Development Tax. He
stated that Seminole County has 45 days to decide whether to opt out of the
class action suit or decide to join in with the Leon County case. He added that he is reviewing which one will
provide the best alternatives for the County to utilize.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
(w/attachment) dated April 9, 2010, from Senator Bill Nelson to Chairman
Dallari re: Constituent correspondence regarding Sun State Trees. (cc: BCC,
County Attorney)
2. Notice
dated April 14, 2010, from Carol Foster, City of Lake Mary, re:
Public Hearing to be held on Thursday, May 6, 2010, to consider Site Plan
Review with 12 variances to the Land Development Code available for review at
911 Wallace Court, Lake Mary. (cc: BCC, County Manager, Growth Management)
3. Letter
(w/attachment) dated April 15, 2010, from State Attorney Norman Wolfinger to
Chairman Dallari re: Committee on Aging appointment. (cc: BCC, Community
Assistance)
4. Copy
of letter (w/attachment) dated April 15, 2010, from Amid Habib,
Altamonte Springs, FL, to Joy Williams, Planner, re:
Property located at 3619 Bonnie Drive. (cc:
County Manager, Growth Management)
5. Letter
dated April 16, 2010, from John C. Ford, Florida E911 Board, to Chairman
Dallari re: Quarterly Report due on January 30, 2010. (cc: County Manager, Public Safety)
6. Copy
of letter (w/attachment) dated April 19, 2010, from Chairman Dallari to Harry
Barley, MetroPlan Orlando (MPO) re: Seminole County
2010 appointments to the MPO Transportation Technical Committee.
7. Copy
of letter dated April 19, 2010, from S. Brent Spain, Theriaque
and Spain, Attorneys at Law, to Alison Stettner,
Growth Management Department Acting Director, re: Administrative Appeal of sign
located on Parcel No. 30-19-30-300-002P-000. (cc:
BCC, County Manager)
8. Letter
dated April 22, 2010, from Deb Banister-Hazama, Progress Energy, to the
Seminole County BCC re: Replacement of transmission poles on Woodsmere to Oviedo transmission line. (cc: BCC, County
Manager, Engineering)
9. Letter
(w/attachment) dated April 23, 2010, from Harry Barley, MetroPlan
Orlando, to Mayor Charlene Glancy, City of
Casselberry, re: Comments about establishing project
priorities at the April 8, 2010, Municipal Advisory Committee Meeting. (cc:
BCC, County Manager, Engineering)
10. Letter
dated April 23, 2010, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: Programming changes coming on May 31 and June 1, 2010.
11. Notice
received April 26, 2010, from Carol Dennison, City of Sanford, re: Public Hearing to be held on Thursday, May 6, 2010, to
consider an Amended Development Agreement at 2441 Cherry Laurel Drive. (cc: BCC,
County Manager, Growth Management)
12.
Letter (w/attachment) dated April 26, 2010, from
Maryanne Morse, Seminole County Clerk of the Circuit Court, to Chairman Dallari
re: Standard & Poor’s analysis and reaffirmation of the County’s “A+ and
“AA” ratings (respectively) relative to the Seminole County Gas Tax bonds dated
07/03/2002 and the Seminole County Sales Tax bonds dated 11/01/2001.
LEGISLATIVE
UPDATE
Assistant
County Manager, Sabrina O’Brien, addressed the Board to give a brief status
report on legislative issues. She
advised both the House and the Senate did come to an agreement on a budget
number and the vote on that is expected on Friday. She said that during the past few days, she
has been informed that funding has been restored for the Seminole Behavior
Center. She further said that the
Transportation Fund did receive a $160 million sweep, but she does not know the
direct impact to the County yet. She
stated that funding was restored for the libraries. With regard to retirement, she stated that
they are still running numbers, but it looks at this point that the impact will
be about $145 million. On last check,
the piece requiring an employee contribution was removed.
Upon
inquiry by Commissioner Carey, Ms. O’Brien advised staff is reviewing all the
septic tank amendments and will report back to the Board on same.
-------
There
being no further business to come before the Board, the Chairman adjourned the
meeting at 2:50 p.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
cc/slm