BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 11, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, May 11, 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)
Clerk of Circuit Court Maryanne Morse
(late)
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Major Tim
Roberts, Salvation Army, Sanford, gave the Invocation.
Commissioner
Carey led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Henley,
seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-101, as
shown on page ________, proclaiming the week of May 8th through May 16th, 2010
as "National Travel and Tourism Week".
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Bruce Skwarlow,
General Manager, Orlando Marriott Lake Mary; and Dennis Hale, General Manager
Embassy Suites Orlando North. Mr. Skwarlow
addressed the Board to express appreciation on behalf of the Central Florida
Hotel Lodging Association Board of Directors, the Seminole County Convention
and Visitors’ Bureau, the hotel owners, operators and employees of Seminole
County.
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Maryanne
Morse, Clerk of Circuit Court, entered the meeting at this time.
Motion by
Commissioner McLean, seconded by Commissioner Carey to adopt appropriate
Resolution #2010-R-102, as shown on page ________, proclaiming the week of May
16th through May 22nd, 2010 as "Emergency Medical Services Week".
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Ivan
Mustafa, EMS Battalion Chief, Seminole County Fire Department, who addressed
the Board to express appreciation on behalf of Fire Chief Leanna Mims and all
agencies in Seminole County and the United States.
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Motion by Commissioner Van Der
Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-100, as shown on
page _________, proclaiming the week of June 7th through June 11th, 2010
as "Code Enforcement Officers' Appreciation Week in Seminole County".
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Deborah Leigh, Senior Code Enforcement Officer, who
addressed the Board to express her appreciation on behalf of all Code
Enforcement Officers throughout Seminole County.
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Motion by Commissioner McLean, seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-103, as shown on page
________, proclaiming the week of May 2nd through May 8th, 2010 as
North American Occupational Safety and Health Week.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Stephen Ungaro,
Chapter Member, who addressed the Board to express his appreciation. He reviewed the events that NAOSH has helped
throughout the years. He stated he is
pleased that Seminole County has taken the time to address this very important
topic.
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Motion by Commissioner Carey,
seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-104, as
shown on page ________, proclaiming the month of May as Civility Month.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Robert
McMillan, County Attorney, who addressed the Board to briefly express his
appreciation.
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Commissioner Henley stated he represents
the Board on the SunRail Commission and he is happy that there are a great deal of things that have been set in motion to make
this happen. He introduced Tawny Olore,
FDOT, Todd Hamilton and Noranne Downs, Florida Department of Transportation
(FDOT) Secretary.
Todd
Hamilton, FDOT, addressed the Board to display and review a PowerPoint
Presentation (received and filed). He
displayed a System Map and stated the project consists of two phases. He stated he hopes to have the first phase up
and running in early 2013 and the second phase running by 2015. He reviewed the Project Update consisting of
the following: Creation of a new Rail
Commission and Rail Enterprise within FDOT; Statewide Applicability of
Liability Insurance for SunRail and Others; SunRail continues to be managed by
FDOT District 5; High Speed Rail managed by new Rail Enterprise; Acquisition
Costs; Capital Costs; and Operations and Maintenance.
Mr. McMillan left the meeting at this time.
Mr. Hamilton continued by reviewing FDOT Competitively Bidding
Contracts for the Operations, Maintenance and Construction of SunRail (DBM, CEI
and Vehicles in negotiation, Ticket Vending Machines, DBB, Marketing/Public
Involvement, O&M upcoming, and Construction Begins early 2011).
Tawny Olore, FDOT, addressed the Board to review the
following: Working with FTA on FFGA
expected this fall; Updating and Reviewing Plans; Second SEA approved April 20th;
and Schedule of Public Hearings.
Mr. McMillan reentered the meeting at this time.
Ms. Olore concluded by reviewing Amendments
to the Interlocal Agreements required for FFGA.
Noranne Downs,
FDOT Secretary, addressed the Board to display a map showing the master plan
for high speed along the Tampa-Orlando-Miami Corridor. She stated the Tampa-Orlando Corridor is the
actual project that was selected through the President’s stimulus package. She reviewed FRA Approval and stated the
total cost is $2.5 billion and they were awarded $1.25 billion. She displayed and reviewed the map of Phase I
showing where the five stations will be located. She continued by reviewing: “Why This Corridor was a Winner and Why it was Selected”; Phase II; and SunRail Connectivity
Options and What They Include.
Commissioner Carey stated she is glad that
they finally arrived at the beginning of this process to get it going, and it
is great to think that they are actually going to have rail in this community.
Commissioner Henley stated the question
that keeps coming up is the impact that this is going to have on the east-west
roads. There are five crossings that
will take place in Longwood and people are concerned about that.
Ms. Olore stated they have a few things
working to the advantage of the motorists on the roads. There will be operating windows and those
windows, during the peak times, will be just passenger rails (between 5:00 a.m.
to 10:00 a.m. and between 3:00 p.m. to 10:00 p.m.). No freights will be allowed on the corridor
during that time, and they will actually be moving the freights out of that
peak period. The other thing going on is
CSX has decided to move eight to nine freight trains off of that line and those
will be moved over to the S line.
Upon inquiry by Commissioner Henley, Ms.
Olore advised the horns (whistles) are a big concern. They will actually do some horn mitigation. The freights and commuter rail are required
to sound the horns at every grade crossing if there are no quiet zones in
place. The horns are usually located on
the top of the vehicle and then noise spreads out in both directions. The horns will be taken off the top and
placed on the bottom of the vehicle with a horn shroud around it so that the
horns will sound directional and not spread out to the adjacent neighborhoods.
Commissioner Henley stated he has never
seen any greater cooperation on a project.
The cities are actually working on their plans for development that is
going on. There also has been great
cooperation between all the funding partners.
Chairman Dallari commended FDOT and
Commissioner Henley for their involvement on this project and for their hard
work in making it successful.
Ms. Downs noted that this obviously won’t
work without the connectivity. They have
done an analysis of which Lynx bus and what stops need to happen to make this
successful. FDOT has come up with half
the money through some trip projects and there are certain buses that are
allocated just for this. As Lynx
redefines what routes are the best, they are constantly updating the routes
that will go towards the buses for SunRail.
She stated they are planning to talk to all the businesses to see what
they are going to do to help relieve the congestion. There is going to be a big outreach for
that.
Commissioner Henley advised he had a meeting
with FDOT and the city of Altamonte Springs staffs in an effort to resurrect
the circulator system to kick start that.
That will be a great benefit to rail and to the citizens in that area.
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Bill McDermott, Economic Development
Manager, addressed the Board to introduce Dr. Tom O’Neil, UCF, with regard to
the UCF Business Incubator and Winter Springs funding partnership.
Dr. Tom O’Neil addressed the Board to state
the County has been a great supporter of entrepreneurs and incubator programs. He briefly updated what they have done over the
last 27 months, industries represented, occupancy rate, investment funding, and
the average salary. He reviewed what
some current client companies have recently accomplished.
Commissioner McLean stated he and Dr.
O’Neil have met numerous times and they are developing the type of businesses
that they want to stay in Seminole County.
He said he would encourage the Board to consider moving forward for
years 4 through 6 because of the results.
Commissioner Carey stated as this is an
important project, there are a number of incubators throughout the County that
they have supported and have paid dividends in jobs to the citizens. She stated they have always allocated
$150,000 from the Port of Sanford towards economic development and it might be
wise to use those funds instead of paying for this from the General Fund.
Joe Forte, County Manager, addressed the
Board to advise the $150,000 from the Port dollars goes towards the SCC Incubator
Program. The $300,000 given to the UCF Incubator
Program goes into the General Fund and it is basically a
General Fund expenditure. If the
Board wants to continue the program, it would have to continue it as a
budgetary item of the regular General Fund expense.
Dr. O’Neil explained to Commissioner Henley
what the impact would be if the lease is not paid when the contract ends.
Commissioner Henley stated he feels the
Board needs to continue to support this for a period of time as they are getting
good results, but they need to be cautious about making commitments before they
even adopt their budget. He said Dr.
O’Neil does have a problem on the calendar because their year doesn’t
correspond with the County’s fiscal year.
Commissioner Van Der Weide stated he feels
this is for a worthy cause and something can be worked out.
Chairman Dallari stated he would like to
convert this to the County’s fiscal year and he would like an actual plan to do
that this year.
Commissioner Henley suggested the County
Manager and staff work with Dr. O’Neil to see how this gap can be covered so it
will get in line with the County’s fiscal year.
Commissioner Carey stated she feels Dr.
O’Neil is between a rock and a hard place as he needs to know that he can pay
the rent on June 1st. She suggested that
they consider approving a prorated portion of these line items to get them to
the October time frame, and then it can be considered as part of their budget.
Motion by Commissioner Carey to
approve a prorated portion of the UCF Business Incubator lease to get them
through to the October time frame.
Commissioner Henley seconded the motion,
with the understanding that there is no guarantee that once the Board gets into
the budget that they will not be able to go beyond that gap. He stated he feels the Board needs to make an
effort to try to keep Dr. O’Neil going.
Commissioner Van Der Weide stated he has no
problem supporting this, but he does have concerns with what could happen with
their budget. There are programs and plans
by some commissioners to actually cut the millage more than what it is now.
Upon inquiry by Chairman Dallari, Dr. O’Neil
advised he has no problem converting this to the County’s fiscal year as it
will help them as well.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari recessed the meeting at
10:25 a.m., reconvening it at 10:35 a.m.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Forte informed the Board that Item #37,
Approve Mitigation Reservation Purchase Agreement, has been pulled from the agenda for modification to the legal description. He stated the word “soccer” in the third “Whereas”
of Item #33, Approve WSBL Sunshine Youth Sports Agreement, will be changed to “sports” programs.
Ray Hooper, Purchasing Manager, addressed
the Board to explain for Commissioner McLean what they are doing with regard to
the scope of work for Item #6, Approve Change Order #1 to CC-3464-08.
Jerry McCollum, County Engineer, addressed
the Board to discuss with Commissioner Carey the availability of money for Lake
Hodge outfall (easements) for Item #21, Approve BAR #10-65, $432,350.
Motion by
Commissioner Carey, seconded by Commissioner Van Der Weide to authorize and
approve the following:
Purchasing &
Contracts Division
5. Authorization to initiate a
lawsuit in Seminole County Court against David L. Hedrick to recover $95,756.85
paid under RFP-600138-07/TLR, Purchase Order 18029.
6. Approve Change Order #1, as shown
on page _________, to CC-3464-08/VFT – Expansion & Revegetation of the
Sweetwater Cove Treatment Pond with All American Concrete, Inc. of Largo,
Florida, in the amount of $42,442.20.
7. Approve the Assignment, as shown
on page ________, of two (2) Agreements to VHB MillerSellen of Orlando,
Florida. This is due to the recent
merger between two companies; Miller Sellen Connor & Walsh, Inc. and
Vanasse Hangen Brustlin, Inc. of Orlando, Florida, which became effective April
10, 2010.
8. Approve Termination for
Convenience of PS-3556-08/JVP with PEC, Inc. of Orlando, Florida, and authorize
staff to issue final notice of termination.
Community Services
Community
Assistance Division
9. Authorize staff to prepare a Substantial
Amendment to the 2005-2009 Consolidated Plan and the 2008-2009 and 2009-2010
One-Year Action Plans, regarding the CDBG and CDBG-R Programs.
10. Approve and authorize the
Chairman to execute the Training Provider Agreement, as shown on page ________,
with Stetson University, Inc. and Seminole County.
11. Approve and authorize the
Chairman to execute the Amendment, as shown on page ________, to Seminole
County/Community Based Care of Seminole, Inc. Homelessness Prevention and Rapid
Re-Housing Program (HPRP) Subrecipient Agreement Program Year 2009-2010.
12. Approve and authorize the
Chairman to execute the First Amendment, as shown on page ________, to the
CDBG-R Subrecipient Agreement between Seminole County and the Housing Authority
of the City of Sanford which allows for direct payment to the contractors
undertaking these projects and extends the completion date and expiration date
by one month for infrastructure improvements at both Castle Brewer Court and
Redding Gardens public housing complexes.
13. Approve and
authorize the Chairman to execute the Seminole County/City of Sanford HUD/CDBG
Subrecipient Agreement Program Year 2009-2010, as shown on page ________.
Environmental Services
Solid Waste Management
14. Approve and authorize the Chairman
to execute Certificate, as shown on page ________, of Public Convenience and
Necessity for Safety-Kleen Systems, Inc.
15. Approve and authorize the
Chairman to execute Certificate, as shown on page _________, of Public
Convenience and Necessity for Liberty Tire Recycling, LLC.
Fiscal Services
Business Office
16. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page _________, with the
Florida Department of Community Affairs in acceptance of $432,350 through their
Community Development Block Grant - Disaster Recovery Program.
17. Approve and authorize the
Chairman to execute an Agreement, as shown on page ________, with the Area
Agency on Aging of Central Florida (d/b/a Senior Resource Alliance) which
details the County's commitment to providing application intake services for
the Emergency Home Energy Assistance Grant Program.
18. Approval to submit a Grant
Application to the U.S. Department of Homeland Security requesting
approximately $105,000 through their Assistance to Firefighters Program, and
authorize the Acting County Manager to execute any documents as may be required
for the application.
Budget Division
19. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-105, as shown on page
________, implementing Budget Amendment Request (BAR) #10-62 through the
Natural Lands/Trails Fund in the amount of $325,000 to provide funding for the
design and construction of a trail and sidewalk along the Seminole Wekiwa
Trail.
20. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-106, as shown on page
________, implementing Budget Amendment Request (BAR) #10-63 through the Public
Works Grant Fund in the amount of $75,000 to provide funding for the Lake
Jessup Shoreline Restoration Project.
21. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-107, as shown on page
________, implementing Budget Amendment Request (BAR) #10-65 through the
Community Service Grant Fund in the amount of $432,350 to increase funding for
the Community Service Grant program.
22. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-108, as shown on page
________, implementing Budget Amendment Request (BAR) #10-66 through the
General Fund in the amount of $7,200 to appropriate Help America Vote Act
grant.
23. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-109, as shown on page
________, implementing Budget Amendment Request (BAR) #10-67 in the amount of
$26,220 through various funds and departments to reflect midyear adjustments to
selected grants.
Growth
Management
Planning &
Development Division
24. Accept a replacement Cash
Completion Bond, as shown on page _______, for Roads (and Infrastructure)
improvements in the amount of $110,024.06; and authorize the release of the
Cash Completion Bond for Roads (and Infrastructure) improvements in the amount
of $167,571.09 for Terracina at Lake Forest Fourth Amendment. (Taylor Morrison
of Florida, Inc.)
25. Adopt and authorize the Chairman
to execute appropriate Resolution #2010-R-110, as shown on page ________, vacating
and abandoning a portion of a platted utility easement on Lot 24, Palm Point,
as recorded in the Public Records of Seminole County, Florida in Plat Book 50,
Pages 69-71 in Section 32, Township 19 S, Range 31 E and further described as
2493 Daffadil Terrace. (Pauline E. Higgins)
26. Approve and authorize the
Chairman to execute the Final Plat for Terracina at Lake Forest Fourth
Amendment. (Taylor Morrison of Florida, Inc.)
27. Approve the Release of Lien, as
shown on page _________, in the amount of $4,200.00, Case No. 07-110-CEB, on
2844 Lexington Court, Oviedo, Tax Parcel #28-21-31-503-0000-0400, previously
owned by Luis Latorre and Maria Aramillo and currently owned by Consumer Solutions
REO, LLC.
28. Approve the Release of Lien, as
shown on page _________, in the amount of $26,600.00, Case No. 07-78-CEB, on
7511 Village Green Drive, Winter Park, Tax Parcel #35-21-30-510-0000-0140,
previously owned by Diane Martin and currently owned by Deutsche Bank National
Trust.
29. Approve and authorize the
Chairman to execute the Final Plat for Hidden Creek Subdivision; located on the
east side of Hester Ave., ¼ mile south of CR 427 in Section 23, Township 20,
and Range 30. (Hugh Harling, Harling Locklin)
30. Approve Energy Efficiency &
Conservation Strategy List of Projects and authorize the Chairman to sign the
Statement of Work, as shown on page ________.
Leisure Services
Library Services
Division
31. Approve and authorize the
Chairman to execute Entertainment Service Agreements, as shown on page _______,
with the following various contractors to provide children's programs at the
branch libraries as part of the Summer Reading Program: Banks Helfrich; Tim Scarbrough d/b/a Lyndel
& Company; Kate Adams; Jeffrey Voegele; and Rick Samlin.
Parks & Recreation Division
32. Approve and authorize the
Chairman to execute the Agreement, as shown on page ________, with Speed To Win to offer specialty sports training.
33. Approve and authorize the Chairman
to execute the Agreement, as shown on page ________, with WSBL Sunshine Youth
Sports to offer Summer Sports Programs, as amended.
34. Approve and authorize the
Chairman to execute the Agreement, as shown on page ________, with Innovative
Soccer Network.
Public Works
Engineering Division
35. Approve and authorize the Release
of a Right-of-Way Utilization Permit Maintenance Bond (Number 3-944-379) in the
amount of $7,176.20 submitted for road improvements in conjunction with the
Riverside Terrace - Riverside Retail Shoppes Project.
Roads – Stormwater
Division
36. Approve and authorize the
Chairman to execute Contract Number FWC 09244, as shown on page ________, with
the Florida Fish and Wildlife Conservation Commission (FWC) in conjunction with
the Lake Jesup Shoreline Restoration Project.
37. Pulled from the agenda request to approve and
authorize the Chairman to execute a Mitigation Reservation Purchase Agreement
(MRPA) for the Purchase of Wetland Mitigation Units by Seminole County in conjunction
with the Ronald Reagan Boulevard (County Road 427, Phase VI) Road Improvement
Project from Schrimsher, Inc., owner of the Lake Jesup Mitigation Area.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion
by Commissioner Henley, seconded by Commissioner McLean to authorize and
approve the following:
Clerk’s
Office
38. Expenditure
Approval Lists, as shown on page _________, dated April 5, 12 and 19, 2010; and
Payroll Approval List, as shown on page ________, dated April 15, 2010; BCC Minutes dated April 13,
2010.
Sheriff’s Office
39. Approval by the Board of County Commissioners
to expend $5,000 from the Law Enforcement Trust Fund to provide for a
contribution to Safe House of Seminole.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s
“received and filed”:
1. Work Order #34, as
shown on page ________, for CC-1284-06.
2. Amendment #1, as shown on page ________, to Work Order #11 for
PS-1074-06.
3. Conditional Utility Agreements, as shown on page ________, for
Water and Sewer with Cathcart Florida-Mikler, Inc.
4. Development Orders, as shown on page ________, for the
following: Ricardo & Katya Galbis,
105 Hickory Tree Road; Carl A. & Aileen B. Carothers, 1330 Palm Dr.; Cesar
F. & Margaret L. Baro, 9800 Bear Lake; Harry W. & Mary M. Carls, 431
Daytona Ave.; John & Pamela Kacerosky, 1315 Windsor Ave.; James Anderson,
200 Tangelo Ave.; Sebastian Aloi, 2617 Tierra Cir.; Steven Pacetelli, 950 North
Street; Louis L. Huntley, Enterprises, 915 Silkwood Court; and Dale F. &
Donna J. Kundis, 4646 Tiffany Woods Cir.
5. Work Order #33, as shown on page ________, for RFP-4277-09.
6. Work Order #18, as shown on page ________, for CC-2190-07.
7. Closeout, as shown on page ________, of Work Order #30 for
CC-1075-06.
8. Amendment #3, as shown on page ________, to Work Order #27 for
RFP-4277-09.
9. Work Order #5, as shown on page ________, for PS-4572-09.
10. Amendment #2, as shown
on page ________, to Work Order #5 for PS-5173-04.
11. Work Order #70, as
shown on page ________, for RFP-4214-04.
12. Amendment #1, as shown
on page ________, to Work Order #1 for PS-3065-08.
13. Amendment #1, as shown
on page ________, to Work Order #56 for PS-1529-06.
14. Work Order #70, as
shown on page ________, to RFP-4214-04.
15. Amendment #2, as shown
on page ________, to Work Order #55 for PS-1529-06.
16. Change Order #1, as
shown on page ________, to CC-4082-08.
17. Letter of
Understanding, as shown on page ________, between Seminole County and the city
of Sanford for Ambient Environmental Monitoring.
18. Original Local Agency
Program Agreement, as shown on page ________, with FDOT relating to Ridgewood
Street, Alpine Street and Palm Springs Drive Sidewalks, as approved by the BCC
on Nov. 10, 2009.
19. Letter from Robert
Bryan, Twenty First Century Communications, and response letter from Tammy
Roberts, Purchasing, re: Public Records
Request.
20. Work Order #2, as
shown on page ________, to PS-4388-09.
21. First Amendment, as
shown on page ________, to PS-2084-07.
22. Bid-600868-10,
Contract Services Agreement, as shown on page ________, for Lake Proctor
Wilderness Area Habitat Chopping and Fire Line Construction, J.D. Sunny Isle,
Inc.
23. Closeout, as shown on
page ________, for Work Order #12 to CC-2184-07.
24. Work Order #71, as
shown on page ________, to RFP-4214-04.
25. Work Orders #32 &
#33, as shown on page ________, to PS-0381-06.
26. Amendment #2, as shown
on page ________, to Work Order #1 to PS-3556-08.
27. Amendment #1, as shown
on page ________, to Work Order #117 to PS-5165-04.
28. Closeout, as shown on
page ________, for CC-3445-08.
29. Amended and Restated
Brooks Landing PUD Developer’s Commitment Agreement, as shown on page ________.
30. Addendum #1, as shown
on page ________, to the Software and Services Agreement with Halogen Software,
Inc.
31. Amendment #2, as shown
on page ________, to Work Order #58 to PS-1529-06.
32. Amendment #2, as shown
on page ________, to Work Order #21 to PS-5190-05.
33. Work Order #45, as
shown on page ________, to CC-1075-06.
34. Attachment G, as shown
on page ________, to CDBG 2008 Disaster Recovery Program Grant Application as
approved by the BCC on January 12, 2010.
35. Amendment #2, as shown
on page ________, to Work Order #7 to PS-5140-03.
36. M-5501-10 Agreement, as
shown on page ________, Infrastructure Engineers, Inc.
37. Warranty Deed, as
shown on page ________, with Vernice W. Walker for the Chapman Road project.
38. Parks Contract, as
shown on page ________, with Dora Gracey.
39. Memorandum to Ann
Colby, Assistant County Attorney, from David Shields, Assistant County
Attorney, re: Basic Services Agreement
request for Ritchie v. Seminole County.
40. Amendment #1, as shown
on page ________, to Work Order #8 to PS-5157-04.
41. Work Order #6, as
shown on page ________, to PS-5172-04.
42. Amendments #1, as
shown on page ________, to RFP-4277-09, Ruby Builders, Woodard Construction,
and Miller Construction.
43. Work Order #5, as
shown on page ________, to PS-4388-09.
44. Litigation Support
Services Agreement, as shown on page ________, Southeastern Surveying and
Mapping Corp.
45. Parks Contracts, as
shown on page ________, for Patricia Dale Moore, Rolland K. Shea, and M.
Virginia Tolego.
46. W.O. #37, as shown on
page ________, to RFP-4277-09/RTB.
47. Amendments #1, as
shown on page ________, to RFP-4277-09
48. IFB-600806-10
Contract, as shown on page ________, Asphalt Recycling, Inc.
49. Bids for #600868-10
and CC-5392-10.
REGULAR AGENDA
Tina Williamson, Planning Manager, addressed the
Board to present request to reduce two Code Enforcement Board liens, which
total $95,450.00, one for $11,900.00 and one for $83,550.00, to $47,725.00 plus
the administrative costs of $1,674.93, for a total amount due of $49,399.93 for
Case #04-67-CEB on the property located at 111 Ford Avenue, Altamonte Springs,
owned by Isiah & Ethel L. Troutman c/o James
Johnson. She reviewed the history of the
violation as outlined in the agenda memorandum.
She advised taff recommends reducing the
amount of the two CEB liens for a total amount of $49,399.93.
James Johnson addressed the Board to state
he is sorry that this happened again. He
stated the property was cleaned up and the purpose of the last violation was the
truck was not parked in the driveway. Speaker
Request Form was received and filed.
Upon inquiry by Commissioner Henley, Mr.
Johnson advised he resides at the property in question. He stated he removed all the vehicles except
for one. He said he doesn’t have that
kind of money to pay for the fine and he is here to ask for forgiveness. He added his brother had been working on the
vehicles and he is not living there anymore and won’t be coming back. He said the vehicles were removed from the
property and he didn’t know that the fine was running.
Commissioner Henley requested that staff
meet with Mr. Johnson to determine what he can pay monthly. He said he doesn’t want the fine to be wiped
clean, but he doesn’t want the fine to revert back to $95,000 as well. He added he would like to see what they can
do to accommodate Mr. Johnson.
Motion
by Commissioner Henley, seconded by Commissioner Carey to continue request to reduce
two Code Enforcement Board liens, which total $95,450.00, one for $11,900.00 and
one for $83,550.00, to $47,725.00 plus the administrative costs of $1,674.93,
for a total amount due of $49,399.93 for Case #04-67-CEB on the property
located at 111 Ford Avenue, Altamonte Springs, owned by Isiah
& Ethel L. Troutman c/o James Johnson, to allow staff time to meet with Mr.
Johnson to work out a payment plan.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley asked Mr. Johnson to
meet with staff to work something out with regard to a payment plan.
Chairman Dallari informed Mr. Johnson that
none of the actual costs are being deferred, but they will figure out how much
he can pay and it will come back to the Board.
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Request to provide a ranking list,
authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants
Competitive Negotiation Act (CCNA), and authorize the Purchasing & Contracts
Manager to Award and execute a Master Services Agreement (MSA) for
PS-5438-10/VFT - Master Services Agreement for Major Water Treatment Plant
Upgrades (Estimated Term Usage Amount of $10,000,000.00), was presented.
Chairman Dallari stated this program is
greatly needed and he feels this type of project should be negotiated with one
company.
Commissioner Henley stated he has met with
staff on this and he feels that, if they go with one company, it will give them
more consistency in standardizing the jobs they are putting out. He said he can support going with one
company.
Commissioner McLean stated he would agree
with Commissioners Dallari and Henley as the standardization and consistency
aspect would allow them to be more efficient.
Commissioner Van Der Weide stated time is
of the essence with this project.
Commissioner Carey stated she understands
going with one firm, but if they do something different they could standardize it
through their own requirements because it is a lot of work to give one firm.
Robert McMillan, County Attorney, submitted
business cards to each Board member to allow them an opportunity to select the
company that they want ranked number one.
He advised that Commissioners Dallari, Van Der Weide and Henley selected
Reiss Engineering, and Commissioners McLean and Carey selected Camp, Dresser
& McKee, Inc. The business cards
showing the firms selected were received and filed.
Mr. McMillan submitted business cards for
the Board to select the number two firm. He stated Commissioners Dallari,
Van Der Weide, Henley and Carey selected Camp, Dresser & McKee, Inc., and
Commissioner McLean selected Reiss Engineering.
The business cards showing the firms selected were received and filed.
Motion by
Commissioner Van Der Weide, seconded by Commissioner McLean to formalize the
ranking; authorize staff to negotiate rates in accordance with F.S. 287.055,
the Consultants Competitive Negotiation Act (CCNA), and authorize the
Purchasing & Contracts Manager to Award and execute a Master Services Agreement,
as shown on page _______, (MSA) for PS-5438-10/VFT - Master Services Agreement
for Major Water Treatment Plant Upgrades. (Estimated Term Usage Amount of
$10,000,000.00), with: (1) Reiss
Engineering, Inc.; (2) CDM; and (3) Tetra Tech.
Districts 1, 2, 3, 4 and
5 voted AYE.
Chairman Dallari stated
since this is a time issue with the statutory requirements, he would like to
see if the Board is willing to do a contractor at risk and bring back an RFP for
C&M at risk so they can obtain a contract.
Upon inquiry by
Commissioner Carey, Chairman Dallari advised he would like to bring back both a
C&M and C&M at risk so they can review the pros and cons. The Board voiced no objections.
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Lisa Spriggs, Fiscal Services Director,
addressed the Board to present request to approve a Resolution implementing BAR
#10-61 in the amount of $6,624,587 through various funds and departments to
reflect midyear budget reductions and adjustments.
Upon inquiry by Commissioner Carey,
Attorney McMillan advised he has had to increase his outside attorney budget
line by $20,000 due to all the lawsuits and grievances mostly as a result of
the lay-offs.
Motion by Commissioner Carey,
seconded by Commissioner Henley to
adopt appropriate Resolution
#2010-R-111, as shown on page _________, implementing Budget Amendment Request
(BAR) #10-61 in the amount of $6,624,587 through various funds and departments
to reflect midyear budget reductions and adjustments.
Districts 1, 2, 3, 4 and 5 voted AYE.
Robert McMillan, County Attorney, left the
meeting at this time.
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Motion
by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-112,
as shown on page _________, implementing Budget Amendment Request (BAR) #10-64
in the amount of $5,675,600 through various funds and departments to change the
accounting treatment of administrative fee revenue to expenditure
reimbursements.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan reentered the meeting at this
time.
COUNTY MANAGER’S REPORT
Mr. Forte stated he will provide an update
on the Contra Accounts this afternoon.
Chairman Dallari requested that staff
submit the update to both the Commissioners and Clerk before the lunch break.
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The Chairman recessed the meeting at 11:10 a.m.,
reconvening
at 1:30 p.m., with all Commissioners and all other Officials, with the
exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon
Cohen, who were present at the Opening Session.
CITIZEN’S
COMMENTS
Rev. Samuel Duncan addressed the Board to discuss an issue with
the Seminole County’s Community Assistance Office. He stated he was a qualified recipient of the
NSP (Neighborhood Stabilization) Program and has been approved by the SHIP
Program since 2008. He explained he
completed all the paperwork and provided information required but when he
called the office on May 3, he was told by County staff that he had been
dropped from the program.
Chairman Dallari asked Mr. Forte to schedule a meeting with Mr.
Duncan to determine what happened.
PROOFS
OF PUBLICATION
Motion
by Commissioner Henley, seconded by Commissioner McLean, to authorize filing
the proofs of publication for this meeting’s scheduled public hearings into the
Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
JITWAY
ADMINISTRATIVE
REZONE/SEMINOLE
COUNTY
Proof of publication, as shown on page _______, calling for a
public hearing to consider the Jitway Administrative
Rezone from R-1 (Single-Family Dwelling) to PLI (Public Lands &
Institutions) on 8.85 acres located on the east side of Jitway,
approximately 500 feet north of SR 46, Seminole County, received and filed.
Joy Williams, Planner, addressed the Board to present the
request, stating the Planning and Zoning (P&Z) Commission met on May 5,
2010, and voted unanimously to recommend approval of the rezoning to PLI and
staff is also recommending approval.
Commissioner Carey asked Ms. Williams if she could tell her
what’s being done about the septic tank issue at this site. Ms. Williams advised she did not have any
additional information at this time.
Mr. Forte stated as they were moving forward on bringing the
Health Department and 4C was going through the zoning process, staff realized
that the zoning did not meet that use.
They were advised that the Health Department would not pass the septic
system that was in place. They had funds
that had to be spent by June, so the project is falling apart. He said 4C cannot operate off that property
until a sewer line is installed. He
thinks it would cost about $400,000 to extend the line to the School Board
property.
Commissioner Carey said it is curious that the public school
could have operated all those years and now the plan is to have just a small
group of people, and it’s not going to be allowed.
Mr. Forte explained it’s because the School Board falls under a
different set of rules. The septic
system was never approved. Now that the
plan is to bring someone other than the school on the site, it now has to meet
and be brought up to the County code.
Pastor Emory Blake, 2040 Sipes Avenue,
representing the Midway Community, addressed the Board and asked several other
Midway residents to stand who were in attendance. Mr. Blake stated the old Midway Community
Center received funds through the County for insurance and there should be from
$800,000 to $1.2 million that should be in escrow because of the damage that
was done to the old Community Center. It
is the consensus of the residents that those funds be used to enhance the old
Midway School so they can have a Community Center to serve the people of
Midway. He said the old Midway School
plays a very important part of their history and they would like to keep it
intact.
Commissioner Carey said she asked about that and the number she
got back was not that substantial.
Mr. Blake said they feel that amount would be adequate to
fulfill what needs to be done. He
questioned why the school was allowed for some 400 students and now the plan is
for less than that and it creates a problem.
He said it is the consensus of the community as well as the Sheriff that
to put anything else on the site would be degrading to them. He said the residents agree with the
rezoning.
No one else spoke in support or in opposition.
Speaker Request Form for Mr. Blake was received and filed.
District Commissioner Carey said she thinks while this item is
for rezoning, the discussion about the Midway Community Center needs to come to
some resolution. This has been going on
for several years, but she doesn’t know if they have collected the money or
not.
Mr. Forte stated if they tear down the old building, they would
collect whatever dollars the County and insurance company agree on. If they rebuild, they would have to cover any
expenses over the insurance. He said the
Sheriff is not recommending rebuilding at the current site. He reiterated to Commissioner Carey that the
septic requirement falls under the Health Department’s jurisdiction. It is because it is a different use going in
that different rules would apply to that use.
Commissioner Henley stated he thinks they need to schedule this
discussion for another time because what is being discussed is not germane to
what is on the agenda at this time.
Chairman Dallari said he would like to continue the item to find
out what is the best avenue to move forward.
Mr. Forte said the rezoning doesn’t affect whose jurisdiction or
what will happen with the Community Center.
He said the Board can continue the discussion that Commissioner Carey is
talking about.
Commissioner Carey stated she would like to see this get
resolved and, if needed, to bring it back to the Board for a vote. She said they can’t just keep telling the
citizens they are working on this when they don’t have a plan.
Chairman Dallari stated he had no problem with putting this on
the agenda in the near future.
Commissioner Van Der Weide stated the public needs to understand
that as long as the site is a school, it is under one
set of rules. When it comes to the
septic tank, there is a set of rules that have to be followed. As soon as the School Board gives up
ownership, it falls under the State.
Commissioner Carey stated she was ready to move forward with the
rezoning, but she would like to see the other discussion come back in the near
future.
Motion by
Commissioner Carey, seconded by Commissioner Henley, to enact Ordinance
#2010-6, as shown on page _______, approving the Jitway
Administrative Rezone from R-1 (Single-Family Dwelling) to PLI (Public Lands
& Institutions) on 8.85 acres located on the east side of Jitway, approximately 500 feet north of SR 46; as described
in the proof of publication, Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari asked Mr. Forte to instruct staff to gather the
necessary on the septic tank information to put on the Board’s agenda.
SMALL SCALE
FLU AMENDMENT
AND
REZONE/FRANK MCMILLAN
Proof of publication, as shown on page _______, calling for a
public hearing to consider the Small Scale Future Land Use Amendment from
Public (PUB) to Commercial (COM) on 0.24 acres; and Rezone from R-2 (One and
Two-Family Dwelling) to C-2 (Retail Commercial) on 0.73 acres located southeast
of the intersection of SR 436 and Forest Lake Drive, Frank McMillan, received
and filed.
Ian Sikonia, Planner, addressed the
Board to present the request, stating staff received no letters of support or
opposition to the request. He advised
the P&Z Commission met on April 7 and voted 7 to 0 to recommend approval of
the amendment to Commercial and rezoning to Retail Commercial. He said staff is also recommending approval
of the requested amendment and rezoning.
Frank McMillan, applicant, 655 N. Wymore Road, representing the
Florida Conference Association of Seventh-Day Adventists (property owner),
addressed the Board to state the property is unusable for any purpose other
than a public purpose and is now in private hands. He has met with Ben Tillman, Jr., and Ben
Tillman, Sr., who are property owners to the south and he understands their
concerns. He further stated that he
concurs with the staff recommendation.
There are no contracts on the property and no negotiations for the
property. He cannot tell what the
property will be used for in the future.
They have an interest in keeping the property up and will continue to
have that property developed, if and when it is, in a high quality.
Robert Swofford, Jr., 400 Forest Lake
Drive, addressed the Board to state he resides exactly west of the subject
property and his picture window goes directly east. He said he has done his best to maintain his
property, and not so commercial property can abut facing his house. He is not in opposition to changing the
smaller site that is farther away to commercial. That would be the smaller site. He said he realizes the worth of the property
on 436, but this is one of the oldest residential areas left in this city. He said his roots go back to the 50’s and he
is basically in the house he was raised in.
He doesn’t see why the rush to go to commercial with the one section
which is R-2. He doesn’t see why he has
to give up his view. He doesn’t
understand why someone wants to increase his taxes without something going on.
Ben Tillman, 425 Forest Lake Drive, addressed the Board to state
his father’s address is 415 Forest Lake Drive, and he grew up at both addresses
and the ties run deep. He said nobody
can tell them what is going to happen.
He feels like he’s stuck. He
explained he takes care of his elderly parents.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and
filed.
Upon inquiry by Commissioner Carey, Mr. Sikonia
advised Mr. Swofford has a couple of houses and barns
on his property. On the corner of 436 is
an easement for a power line. When he
visited the site, he did not see any development at this time on the property
zoned PUD.
District Commissioner Van Der Weide said the subject property is
the site of the County’s first fire department.
The County only got that site originally because of the Seventh-Day
Adventists. He said everything the
Seventh-Day Adventists have developed is first-class. They have always done a wonderful job. He can understand the residents’ concern, but
they are talking about SR 436. The fact
the residents have been able to enjoy the property and this scenery this long
is hard to believe. It is good for them,
but he doesn’t know that you can get around progress. With whatever the applicant does, he will
take input from the neighbors and they will do a good job. He said he can’t see any reason why he can’t
recommend this request.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Carey, to enact Ordinance
#2010-7, as shown on page _______, approving Small Scale Future Land Use
Amendment from Public (PUB) to Commercial (COM) on 0.24 acres; and enact
Ordinance #2010-8, as shown on page _______, rezoning from R-2 (One and Two-Family
Dwelling) to C-2 (Retail Commercial) 0.73 acres located southeast of the
intersection of SR 436 and Forest Lake Drive; as described in the proof of
publication, Frank McMillan.
Districts 1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
ACM Sabrina O’Bryan addressed the Board to provide an update on
the legislative activities. She advised
she had contacted the State lobbyists to determine if they would be available June 8
or June 22 to attend the BCC meeting, and they are checking their
calendars. She asked the Commissioners
if they had a specific date they preferred in June; and Chairman Dallari said
June 8.
Ms. O’Bryan said she believes the Commissioners received
information from FAC (Florida Association of Counties) that they are doing a
tour all about Florida. FAC
representatives will be in Brevard County on June 9 and she invited the
Commissioners to attend. The goal is
awareness with FAC and the opportunity to speak with their president
directly. They are traveling to several
counties across Florida.
Ms. O’Bryan reported there are approximately 47 bills at this
point that have been approved by the Governor.
There are about 230 more to go to his office. She said TABOR was denied; the First Time
Homeowner Homestead Effort and Bill 1254 was
denied. The Tourist Development Tax was
postponed for another year. The
Sovereign Immunity caps were increased to $200,000 per person and $300,000 per
occurrence. The E-9-1-1 fee for the
calling cards has been postponed until 2013 and will be brought back at that
time. Ms. O’Bryan corrected the report
distributed yesterday afternoon on page 3 regarding Road and Bridge
Designations. She stated Seminole Way
was included in HB 5 and it was passed.
It has not yet been transferred to the Governor’s Office. HB 5607, relating to DROP, was approved. It has not been transferred to the Governor’s
Office. The percentage for DROP will
decline from 6.5% to 3% effective July 1, 2010.
Ms. O’Bryan said staff did partake in several wrap-up sessions held last
week, and they are still doing the analysis.
They will be prepared to come back in the next Board meeting and give
any financial implications. She further
reported that the bill with the septic tank language (SB 550) was approved, and
she believes the language was softened.
Commissioner Carey asked her to give details of that bill and if it has
been signed by the Governor. She advised
Commissioner Carey that she doesn’t believe the bill was signed by the Governor
yet.
Commissioner Henley asked if the Board had taken a different
position on notifying the Governor.
Chairman Dallari said he didn’t have a problem with that. Commissioner Carey said she needs to see the
details. She said for those bills the
Board sent a resolution or letter about, they ought to follow up quickly and
figure out what they need to do.
Mr. McMillan said the Legislature passed the red light running
bill; however the State is taking most of the money.
CHAIRMAN’S
REPORT
Chairman Dallari stated he has scheduled a joint work session
with the BCC, School Board and City Mayors on the One Cent Sales Tax for May 25
at 10:00 a.m. There were several
questions from the original meeting and he hopes to get the information; and,
when it comes in, he will circulate it to the BCC, School Board and Mayors.
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Chairman Dallari advised he had lunch with Judge Dickey on April
20 regarding the foreclosure and property management issue. He recommended the Board ask the County
Attorney to speak with the Judge to see what can be done administratively. The Board voiced no objections for Mr. McMillan to do as suggested. Whereupon, Chairman Dallari
asked Mr. McMillan to meet with Judge Dickey and report back to the Board on
the meeting.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and
filed:
1. Letter
dated March 30, 2010, from Congresswoman Corrine Brown to Chairman Dallari re: Congratulations on the expansion of the
regional water treatment facility at Yankee Lake. (cc: BCC,
County Manager, Environmental Services)
2. Letter (with attachment) dated April 16, 2010, from Sean M. Snaith, University of Central Florida, to Chairman Dallari
re: Copy of March 2010 Florida &
Metro Forecast.
3. Copy of letter dated April 25, 2010, from Rudolph Keinath, Oviedo, Florida, to Gary Rudolph, Environmental
Services, re: Problem with Hydrogen Sulphide
in his water supply. (cc: BCC, County Manager)
4. Letter (w/attachment) dated April 30, 2010, from Todd Hammerle, Florida Department of Transportation, to Chairman
Dallari re: Public Hearing Announcement
on May 25, 2010, and May 27, 2010, regarding SunRail. (cc: County
Manager, Engineering)
5. Notice
received May 4, 2010, from city of Sanford Community Redevelopment Agency, re: Agenda of meeting to be held on Wednesday, May
5, 2010. (cc: BCC, County Manager,
Growth Management)
6. Letter
dated May 5, 2010, from Richard Davison, Council on the Social Status of Black
Men and Boys, to Chairman Dallari re: Meeting
and Public Forum to be held at the Dr. James R. Smith Neighborhood Center, 1723
Bruton Boulevard, Orlando, FL, on Thursday, May 27,
2010, from 4:00 p.m. to 6:00 p.m. to identify and assist with implementation of
programs and services to improve the lives of black men and boys.
7. Copy
of letter dated May 5, 2010, from Kathleen Furey-Tran
to Prabodh C. Patel, Esq., re: Response to complaint from Sun State Trees
forwarded to Chairman Dallari from Senator Bill Nelson’s Office. (cc: BCC,
County Manager, Growth Management)
8. Letter
dated January 21, 2010, (received May 5, 2010) from Ken Terrell, Friends of
Lake Howell, to Chairman Dallari re: requesting
a letter or resolution from the BCC that a public hearing will be held before
any decision is made by Seminole County to proceed with any further design of a
boat ramp at the Redbug Outfall site. (cc: County Manager, Growth Management, Leisure
Services)
9. Letter
dated May 6, 2010, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: Programming changes
coming on or after June 8, 2010.
10. Letter (w/attachment) dated May 6, 2010, from Sarah Mirus, city of Longwood, to Chairman Dallari re: Resolution 10-1244 – Adoption of the updated
Local Mitigation Strategy Document for 2010 through 2015 for Seminole County. (cc: BCC, County Manager, Growth Management)
11. Letter (w/attachment) dated May 7, 2010, from Linda Sundvall, city of Altamonte Springs, to Chairman Dallari
re: Voluntary Annexation of Lots 42, 43,
44 and a portion of the vacated George Street located north of East Altamonte
Drive (SR 436) and west of Leon Street into the city of Altamonte Springs. (cc: BCC,
County Manager, Growth Management)
12. Letter (w/attachment) dated May 7, 2010, from Linda Sundvall, city of Altamonte Springs, to Chairman Dallari
re: Voluntary Annexation of the south
portion of the former Forest City Cove Right-of-Way, adjacent to South SR 434
into the city of Altamonte Springs. (cc:
BCC, County Manager, Growth Management)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner
Henley asked if the Commissioners had seen the announcement about U.S.
Secretary Hood that $175 million of federal funds is being made available to
mass transit providers for upgrading, new buses and bus-related equipment. He said Lynx will be submitting an
application to try to upgrade their system and get some new buses. He thinks they have a good chance of getting
some money.
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Commissioner
Henley said he received a letter from Ken Tenell from
the Friends of Lake Howell commending the Board for moving forward with
construction of a stormwater facility at the Red Bug
Road outfall. He said when the St. Johns
RWM District approved the application, it indicated
something for a future boat ramp going into that lake. He’s saying the Friends of Lake Howell wish
to participate in a public hearing on that issue.
Chairman
Dallari said he thinks that was taken out of the plan a couple of years
ago. Discussion ensued among the Board.
Mr.
McCollum stated as of today, he knows the boat ramp was not in the construction
plans.
Chairman
Dallari asked if the Board had any objections to sending a letter for
clarification to Mr. Tenell. There were no objections. Mr. McCollum
stated he would be happy to draft the letter for the Chairman.
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Motion by Commissioner
Carey, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution
2010-R-113, as shown on page _______, in appreciation to Kimberly Day for her
service on the P&Z Commission and appoint Elizabeth Green to the P&Z
Commission for the remaining term.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey announced that there will be a public hearing on the Central Florida
Commuter Rail on Thursday, May 27, 6:00 p.m. at Sanford City Hall.
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Commissioner
Carey advised she received from NACo information on the Health Reform Law and
how it will affect the county. She
passed that on to Mr. Forte. A meeting
is scheduled this Friday at 3:30 p.m. and she wants to make sure someone sits
in on the webinar, as she thinks they need to know what impact this can have on
the County.
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Chairman
Dallari stated Casselberry has an annexation policy for water. There are five subdivisions where once the
property changes hands, and they put in new water service for changing the
billing, they will automatically be annexed into the city of Casselberry. He asked Mr. McMillan to look into this.
Mr.
McMillan explained the residents are not being annexed upon turning on the
water, but they are required to sign a petition to annex so that whenever they
become contiguous to the City, they agree to annex. He said he has case law that the City can
change to the water service contingent upon agreeing to be annexed. Unless someone is willing to fight it, he
doesn’t know how this can be stopped. He
stated this has been going on for a long time.
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Commissioner
McLean stated the Board might recall the County had public work session
discussions with interested citizens regarding Jetta Pointe on the progress and
what the plans are. During that meeting,
some Winter Springs residents felt they had not had an opportunity to learn as
much about the project as they would like.
His suggestion is to try to communicate and give information to the
folks affected and have some kind of meeting restating the history of the
project and what the County has done, and have that information available to
the interested parties.
Commissioner
Henley said he thinks they just provided that update to the Mayor
yesterday. Upon direction from the
Chairman, Mr. McMillan distributed to the Board copies of a memorandum (copy
received and filed) to Mr. Forte from Alison Stettner
on a timeline of meetings held regarding Jetta Pointe Park. Chairman Dallari noted that, additionally,
there was a presentation made to Winter Springs that was held in 2005.
Commissioner
Carey reviewed the meeting schedule and asked if it takes that long for this to
go through the city of Winter Springs’ process.
Mr. Forte said yes, this is a large scale amendment.
Alison Stettner, Acting Growth Management Director, addressed the
Board to state the large scale land use amendment will go through the city of
Winter Springs so there will be additional meetings and community input through
the City, as well as there will be an aesthetic review. There will be additional meetings before the
City Commission and P&Z.
Upon
inquiry by Commissioner Carey, Chairman Dallari advised staff if they can put
the concept plan on the web site, he thinks that would be advantageous. He asked staff to also put information about
the funding on the web site so the public can understand that.
Frank
Raymond, Central Services Director, addressed the Board to state everything
Commissioner McLean said was discussed at the meeting with Winter Springs on
April 28.
Commissioner
McLean said he is not getting a feeling that a future meeting is what the Board
wants to do, but he agrees with Commissioner Carey that if the information is
on the web site, that will solve a lot of the problems.
Commissioner
Henley stated he had a call from the Mayor that there are certain individuals
trying to rally against the project, so Mr. Forte sent him this outline of what
has already been done. They were trying
to diffuse the situation last night if people showed up. He said they are overlooking the potential
economic impact that the park could have for the County as well as for the
public. He has heard another concern is
drainage and the County has sent someone to look at that.
Commissioner
McLean said he agrees the web site is the minimum they can do. He asked that they have a forum so they can
directly address the questions.
Commissioner
Henley said he met with staff on the questions so the staff can address them
and put them on the web site also.
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Commissioner
Van Der Weide stated he has an issue that is countywide, though it is a
first-time issue in his district. He had
some constituents to call him about gambling storefront operations. He said the public is upset about it and they
are looking for something to happen. The
Board addressed gambling in their Charter in 1996. He thinks this is an issue that law
enforcement needs to address. He has
talked to many businesses and individuals.
It is alarming that this is going on and how long they have allowed it
to go on. He said he contacted the
Sheriff’s Office and got responses back from the Chief, not the Sheriff. Commissioner Van Der Weide stated the State
Attorney has a policy on this, and it is up to local law enforcement to close
these places down.
Chairman
Dallari said it is obvious that the Charter does not allow this activity. He asked the County Attorney what would be
the appropriate steps to take.
Mr.
McMillan said what is alleged is that illegal gambling is being done and that
is a law enforcement issue. He doesn’t
know what the County can do.
Commissioner
Van Der Weide said the Tax Collector is turning down the applications for such
businesses. He said he has done a lot of
work on this and he doesn’t like what is going on.
Commissioner
Henley stated one of the members of his church owned a business in the area and
he informed him about three weeks ago about what was going on. He has called the Sheriff on two or three
occasions about what is going on outside the building.
Mr. McMillan
said what is being done is already illegal.
Staff can do some research on some alternatives. He said this is dealing with criminal conduct
and the staff generally don’t have the investigative
tools to find out what’s really going on.
Commissioner
Carey said she thinks it is a zoning violation as well. They can make a call to the Sheriff, based on
the information Commissioner Van Der Weide sent, and she is sure he will
investigate and take some action.
Commissioner
Van Der Weide said he was a little bit surprised at the response he got from
the Chief Deputy Sheriff.
Ms. Stettner advised such an operation is considered gambling
and is not considered a permitted use.
It is a criminal activity. She
said her staff notifies the Sheriff’s Office that there is illegal activity and
they use undercover agents to do a sting operation. She believes there are seven such businesses
now currently in operation.
Chairman
Dallari said they need to get a little more aggressive in notifying the proper
authorities.
Commissioner
McLean said he thinks, regardless of the route they take,
it is going to come down to law enforcement to solve. Hopefully, having this discussion today, they
have heightened the level of significance to the Sheriff’s Office to take some
action.
Chairman
Dallari asked Ms. Stettner to brief each Commissioner
individually and give the location of these operations.
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Commissioner
Carey announced that the Sanford Memorial Day Parade will be held on Saturday,
May 29, at 10:00 a.m.
COUNTY
ATTORNEY’S REPORT
Mr.
McMillan advised the County has been included in a class action suit that
Monroe County brought against online travel agencies that did not collect
tourist taxes. He recommended opting out
of that class action and joining the Leon County group through Edward Dion of
the Nabors firm. That way, they know
they will get something out of it. If
the Board is interested in participating at all, they can authorize staff to
enter into the class action with the Nabors firm and participate with the other
14 counties. Whether they win or lose,
the County won’t be contributing to the amount of money. It will come out of whatever the award is. He thinks it’s 30% of the gross award.
Commissioner
Carey said she thinks this will become a bigger issue for them in the future so
they probably ought to try to resolve it.
Motion by Commissioner
Carey, seconded by Commissioner McLean, to authorize the County Attorney to
join with the Nabors firm in a suit against the online travel agencies that
have not collected tourist taxes.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari recessed the meeting at 2:58 p.m. and reconvened it at 3:08 p.m.
DISTRICT
COMMISSIONERS’ REPORTS, Continued
Sheriff
Don Eslinger and Chief Deputy Sheriff Steve Harriett addressed the Board. Sheriff Eslinger said he was a little
confused and wanted to clarify that he never received an e-mail from
Commissioner Van Der Weide regarding the gambling issue he discussed
earlier. He advised the Board what has
been going on regarding gambling. He
said as of today, there has been no movement from the Statewide Prosecutor’s
Office. Since August, 2009, they have
yet to file formal charges on anyone regarding this. He said he can’t direct his people to arrest
somebody that the prosecutors are not willing to prosecute. He said Commissioner Van Der Weide’s Aide and the Chief Deputy Sheriff have been
corresponding from the beginning, and this has been on their radar since last
year.
Commissioner
Van Der Weide said he can back up everything he said about the e-mails. He said the Sheriff was copied on them.
Sheriff
Eslinger stated their position has been the same since August, 2009.
Chairman
Dallari stated he knows this is a sensitive issue and the Sheriff is working on
it.
Commissioner
Henley said he doesn’t think the issue is whose fault it is. He’s looking for any discussion that might
help them to come up with a course of action they can take.
Commissioner
Carey stated it looks like they need to reach out to Attorney General Bill
McCollum’s Office. She said the Sheriff
has always been very responsive to all her issues. Discussion continued.
Chairman
Dallari asked Mr. McMillan to meet with Sheriff Eslinger to see what
administrative solutions there are.
Following additional discussion, he said he believes the course of
action is to have the County Attorney meet with the Sheriff to figure out how
they can handle this administratively.
This is a State Attorney issue and if there is anything the Board can do
to help him on that, they need to do it.
Commissioner
Carey stated they need to deal with this quickly.
COUNTY
MANAGER’S REPORT, Continued
Mr.
McMillan left the meeting at this time.
Mr. Forte
distributed information to the Board (copy received and filed) regarding Contra
(Reimbursement) Accounts and explained what was included. He asked Ms. Spriggs to discuss her
memorandum dated May 5, 2010, to Mr. Forte.
Ms. Spriggs explained she is
working from an e-mail sent out on the 29th from the Chief Deputy
Clerk; and the message was they were not in agreement with the contra account
concept and there are other methods of allocating costs that are more
transparent, and they will not be put in next year’s budget. Ms. Spriggs explained the three types of
transactions as listed. She said the
Internal Agency Services should balance.
Whereupon, Chairman Dallari said at the end of the fiscal year, they
should be net zero and he has been told that is not the case. That is where the confusion is. Ms. Spriggs stated the staff has been using
this concept and have been adding to it for three years now. She explained the Capitalization of Engineering
Costs to Projects transactions exist solely for the purpose of providing large
capital programs they have. The reason
they don’t balance right away is because it is an estimate. She explained to Chairman Dallari that what
is actually charged will balance out.
She said the transactions will balance when they do the budget and that
is the objective. Ms. Spriggs explained
the Charging of Administrative Costs to Grants transactions. She said staff just staring doing this in
FY10.
Mr.
McMillan reentered the meeting at this time.
Ms.
Spriggs discussed what happened in the review and said the contra accounts
system was set up three years ago and was set up with discussion with the
County Finance Office. They all
understand it’s a timing difference. She
explained what she has done since the review discussion.
Mr. Forte
asked if the 51 accounts will still remain in the negative as grant
accounts. Ms. Spriggs advised there will
be no negative accounts as they will be moved down to the 55’s.
Clerk
Maryanne Morse addressed the Board to state as long as the contra accounts are
set up under 540’s or 550’s, she has no issues.
That was the way it was originally intended, but somehow it got off
base. She said now that it is agreed to
go back to the 540’s and 550’s, that resolves her
issue. She said they do need to net out
to zero. She further stated that Lake
County and Volusia County uses contra accounts, but they all net out to
zero. For every debit, you have to have
a credit and that is all she is saying.
Commissioner
Carey inquired about the Clerk’s need to hire more people to handle all these
accounts. Ms. Morse stated there was an
e-mail sent to the County Manager yesterday that stated as long as they stay
with the 540’s and 550’s, those people would probably not be necessary.
Mr. Forte
said he wants to make sure Ms. Spriggs is in agreement with this. Ms. Spriggs said the Internal Agency charges
are all within the 54’s and 55’s. She
further said that capital outlay is 55’s to 56’s and in the grant area they are
balancing in 55’s to 51’s. The 54 is an
appropriated charge. Discussion
continued.
Commissioner
Carey said she thinks they, as County Commissioners, have asked for so much of
this information to be in different lines so they can see where the money
is. The Board may have been the ones to
help create this situation. She asked
Ms. Morse if there is a problem with using the 51’s and 56’s.
Ms. Morse
said they are talking about two distinct issues. She doesn’t care what Ms. Spriggs does with
the Budget. She is talking from an
accounting standpoint. She has to have a
balancing factor. She said there are
allocation tools within JD Edwards that will do the allocations automatically
and she doesn’t know why that tool is not being used. She said she has to know where the money
comes from and where it is going. Contra
accounts were only established for allocations.
Now they have a mismatch, and she is saying to consolidate. If an account doesn’t balance out at the end
of the year, give the staff a journal entry and they will correct it so they
can balance it out. She said the issue
is when she sees that a fund is out of balance, she has a problem. She said the Board needs to look at this from
the standpoint of an accounting structure versus a budgetary structure.
Ms.
Spriggs discussed how Volusia County handles contra accounts, stating they do
not use them to capitalize or facilitate grants. She said the budget does have to balance also
under State statutes. She said
governmental accounting standards require you to report your budget and the
external auditors review the policies on an annual basis and insure it is in
compliance with the law. They just
delivered a report to the Board that says they have no issues, and they did
recommend using contra accounts to facilitate financial reporting.
Chairman Dallari
said this is an administrative issue, and the Acting County Manager needs to
give his recommendation. He believes
there needs to be transparency and there needs to be a point where things do
balance out. He asked the Acting County
Manager to take some time and report back to the Board on what he recommends.
Mr. Forte
said he can make the decision, but one of two things is going to happen; either
he is going to lose employees or they will be hiring more Clerk employees. He said somebody is not going to be happy
with his decision, but he will take the responsibility.
The
Commissioners discussed whether this should be put back on the Acting County
Manager or not to resolve.
Chairman
Dallari stated Mr. Forte will report back in the next two weeks.
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There
being no further business to come before the Board, the Chairman adjourned the
meeting at 4:08 p.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
er/cc