BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 12, 2009
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:35 a.m., on Tuesday, May 12, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Bob Dallari
(District 1)
Vice Chairman Mike McLean
(District 2)
Commissioner Dick Van Der
Weide (District 3)
Commissioner Carlton Henley
(District 4)
Commissioner Brenda Carey
(District 5)
County Manager Cindy Coto
County Attorney Robert
McMillan
Deputy Clerk Sandy McCann
Major
Eugene Gesner, Salvation Army, gave the Invocation.
Commissioner
Brenda Carey led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner McLean, seconded
by Commissioner Carey to adopt appropriate Resolution #2009-R-85, as shown on
page _______, recognizing Linda Moscato for 20 years of service and dedication
to Seminole County and its citizens upon her retirement on May 26, 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was given to County Engineer, Jerry McCollum, who accepted on Ms.
Moscato’s behalf.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt appropriate Resolution #2009-R-84, as
shown on page _______, proclaiming the week of May 17, 2009 through May 23,
2009 as “Emergency Medical Services Week”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Fire Chief Raw and Public Safety Director Tad
Stone. Both addressed the Board to
accept on behalf of the men and women of the County providing emergency
services to the citizens and to express appreciation to the Board for their
support.
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Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt appropriate Resolution #2009-R-86, as shown on
page _______, recognizing Fred Streetman as the recipient of the “2009 Success
in Seminole Magazine Award”.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari advised he and Commissioner McLean will be traveling to Palatka to
attend the St. Johns River Water Management District’s meeting this afternoon and will not be in
attendance at the 1:30 p.m. BCC meeting.
Therefore, he needs to present his report at this time. He advised that the Budget Work Session
scheduled for May 21, 2009 needs to be a Special Meeting of the Board so that
action can be taken.
Motion by Commissioner Carey, seconded
by Commissioner McLean to advertise a Special Meeting of the BCC for May 21,
2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
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At the
request of the Chairman, Public Safety Director Tad Stone briefed the Board on
the drought conditions of the State of Florida and the County. He displayed a map of the State (not received
& filed) depicting the drought index, advising Seminole County is in the
600 range as of yesterday and tomorrow the level will probably be increased to
700, which is desert-like conditions. He
said that they have been fortunate to only have a couple of small brush
fires. However, with the conditions
being so dire, he said that the County Manager will be signing an Executive
Order for a burn ban.
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At the
request of the Chairman, Commissioner Carey gave a brief update on the State
Department of Health and the Wekiva River Basin rules, advising the State has
budgeted funds for the balance of the study.
However, there is a concern that the Governor may veto that line
item.
Motion by Commissioner Carey, seconded
by Commissioner McLean to adopt appropriate Resolution #2009-R-93, as shown on
page _______, urging the Governor to not veto the funding for the completion of
the Wekiva River Basin study.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey said she will work with the County Manager to have this resolution
drafted and signed so that it can be sent to Tallahassee today.
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Chairman
Dallari advised he spoke with Congressman Mica and Senator Constantine last
week and they are still moving forward with commuter rail.
Motion by Commissioner Henley, seconded
by Commissioner Carey to send a letter to Congressman Mica reaffirming the
Board’s commitment to commuter rail.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S CONSENT AGENDA
County
Manager Cindy Coto presented her Consent Agenda, clarifying that the LAP
Agreement under Item #25 expires on May 30 and not April 30. She advised that the amount on Item #28, BAR
#09-50, should be $25,000 and not $15,000.
She said a corrected Agenda Memorandum has been distributed for Item
#29, BAR #09-52, Jetta Point Park. She
further advised that staff has received a request for a continuance on Public
Hearing Item #41, Voluntary Billboard Agreement for Beech Outdoor
Advertising.
Chairman
Dallari requested that Item #7, award of RFP-600605-09/BJC, be pulled for a separate vote.
Commissioner
Carey noted that Item #28, BAR #09-50 is transferring funds to cover litigation
support for a boundary dispute on the Crockett property. She questioned why the County closed on the
property without having the legal issues cleared up first.
County
Attorney Robert McMillan stated his understanding is that the survey showed an
encroachment prior to the closing and the County had the option to require it
be cleared up before closing or close and then deal with the encroachment
itself. He said the County Manager and
the Natural Resources Director determined it was in the best interest of the
County to go ahead and close and deal with the encroachment at a later
date. He said this is a 120-acre parcel
and the encroachment is 50 feet along one of the borders. He said the Board was briefed of this
situation at that time.
Commissioner
Carey stated this problem could be the tip of the iceberg and she said she was
only told that there were a couple of issues, but that they would be worked out
prior to closing. She said if there are
encroachments, in her opinion, it is much better to settle them then, and not
after the fact. She further said the
County staff are not attorneys and they and the Board rely on the County
Attorney’s office to make sure that everything is done legally.
Attorney
McMillan said he does not have the authority to not close on property and does
not have the authority to direct the County Manager’s Office and staff. He added that he was assured the Board was
briefed. Discussed ensued.
Commissioner
Henley stated that he does not see this as a major problem even though the
County always likes to have everything clean.
He further stated the Board made the decision to move ahead because they
needed to get the property under the County’s control.
Commissioner
Carey said the point is that she does not want to see this happen again.
Upon
inquiry by Commissioner Henley with regard to Item #24, FDLE Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, Chief Penney Fleming,
Sheriff’s Office, addressed the Board to advise she will check to see if these
positions are to be added and will report back to the Board.
Commissioner
Carey stated that the final list will come back to the Board and that will give
Chief Fleming time to report back.
Commissioner
Henley pulled Item #5, First amendment to RFP-600134-07/TLR, Medical Director
Services, for a separate vote.
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve and authorize the following:
Administrative Services
Purchasing
and Contracts
4. Approve
Change Order #1, as shown on page _______, to CC-3645-08/DRR - Tank Aerator
Restoration and Modifications, with Crom Engineering and Construction Services,
Inc., of Gainesville, Florida, in the amount of $9,118.00.
6. Award
RFP-600584-09/TLR Agreement, as shown on page _______, Seminole County Trail
& Trailhead Landscape Maintenance, to Vila & Son Landscaping, Winter
Garden.
Support
Services
8. Approve
and authorize the Chairman to execute nine (9) Contracts, as shown on page
_______ for Sale and Purchase of Land along with nine (9) County Deeds, as
shown on page _______, conveying surplus property acquired in conjunction with
the County Road 46A, Phase III project (H.E. Thomas Parkway) from the
following: Troy Black; Hulon &
Martha Black; Maria Benitez; C.F. Holloway; Larry & Diane Smith; Allen
Wang; Mark & Diane Cahill; Brady & Tara Sapp; and Charles & Sherett
Salter.
9. Authorize
renewal of the Dental Insurance to be effective January 1, 2010 through December
31, 2010, with no rate increase or benefit changes, as recommended by the Risk
Management Executive Committee.
Community Services
Community
Assistance
10. Authorize Community Assistance Division staff to publish list of recommended
funded activities for the Community Development Block Grant (CDBG), Home
Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) Programs.
These activities, proposed to be funded under the 2009-2010 One-Year Action
Plan of the 2005-2009 Consolidated Plan, require a 30-day public comment period
prior to final approval by the Board of County Commissioners in July 2009.
11. Approve and authorize the Chairman to execute four (4) Local
Contribution Verification of Contribution Forms, as shown on page _______, to
provide funding for affordable housing and to allow Atlantic Housing Partners
to apply for Housing Credit project approval.
12. Approve Substantial Amendment, as shown on page _______, to the
2008-2009 One-Year Action Plan, which allocates funding under the new
Homelessness Prevention and Rapid Re-Housing Program (HPRP), for submittal to
the U.S. Department of Housing and Urban Development (HUD) by May 18, 2009.
Economic Development
Operations
13. Approve and authorize the Chairman to execute a Partnership Agreement,
as shown on page _______, between the University of Central Florida (UCF) and
Seminole County for the purpose of continuing the UCF Technology Accelerator's
business efforts.
Tourism
Development
14. Approve and authorize the Chairman to execute an Agreement, as
shown on page _______, with Orlando-Cocoa ISA for the 2009 ISA Softball Tournament
in the amount of $3,000.00.
15. Approve and authorize the Chairman to execute an Agreement, as
shown on page _______, with Florida Sports Charitable Foundation, Inc., for the
2009 Sunshine State Games Water Polo Championships in the amount of $7,600.00.
Environmental Services
Business
Office
16. Approve the release of the original Water & Sewer Maintenance
Bond in the amount of $7,003.34 for the project known as SR 426 Office Park.
17. Approve the release of the original Water & Sewer Maintenance
Bond in the amount of $88,636.80 for the project known as Clayton Crossing.
18. Approve the release of the original Water & Sewer Maintenance
Bond in the amount of $74,697.39 for the project known as Preserve @ Eagle
Lake.
19. Approve the release of the original Water & Sewer Maintenance
Agreement with Letter of Credit in the amount of $9,720.00 for the project
known as Regal Point Park Lots 3 & 4.
Solid
Waste Management
20. Approve and authorize the Chairman to execute the Seminole County
and City of Lake Mary Solid Waste Management Agreement, as shown on page
_______.
Water
and Sewer
21. Authorize staff to advertise and schedule a public hearing for the
new Water Conservation Landscape Irrigation Ordinance.
Fiscal Services
Administration
22. Approve and authorize the Chairman to execute a Contract, as shown
on page _______, with the Florida Department of Health in acceptance of
$56,000.00 in grant funds to fluoridate water systems in Seminole County.
23. Approve submitting a Grant Application to the U.S. Department of
Homeland Security requesting $64,708.00 through their Assistance to
Firefighters Program, and authorize the County Manager to execute any
supporting documents as may be necessary for the application.
24. Approve continuing participation in the Florida Department of Law
Enforcement’s Edward Byrne Memorial Justice Assistance Grant (JAG) Program and
authorize the Chairman to execute the Certificate of Participation, as shown on
page _______, naming Michele Saunders, Director of the Community Services
Department, to coordinate the countywide application.
Budget
25. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2009-R-87, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-44 through the Natural Lands/Trails and the Public Works
Grant Funds in the amount of $2,415,156.00 in order to segregate the funding of
previously established grant-funded projects.
26. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2009-R-88, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-46 through the Water and Sewer Operating Fund in the amount
of $56,000.00 to increase funding for fluoride.
27. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2009-R-89, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-49 through the Natural Lands Bond Fund in the amount of
$24,000.00 in order to proceed with the improvements at the Lake Harney Wilderness
Area.
28. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2009-R-90, as shown on page _______ implementing Budget Amendment
Request (BAR) #09-50 through the Natural Lands Bond Fund in the amount of $25,000.00
for litigation support in reference to the acquisition of the Crockett
Property.
29. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2009-R-91, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-52 through the General Fund in the amount of $300,251.00 in
order to fund additional design and permitting for Jetta Point Park.
30. Approve and authorize the Chairman to execute Budget Change Request
(BCR) #09-10 through the Fire Protection Fund in the amount of $19,150.00 in
order to establish and install specialized commercial laundry equipment at the
Fire Training Center.
31. Approve and authorize the Chairman to execute Budget Change Request
(BCR) #09-11 through the Fire Protection Fund in the amount of $27,154.00 in
order to establish and fund a Well installation at Fire Station #42.
Leisure Services
Parks
and Recreation
32. Authorize the Chairman to execute the Priority Use and Lease
Agreement, as shown on page _______, with the Seminole Softball Club, Inc.
Planning and Development
Development
Review
33. Authorize the release of Performance Bond #5032330, in the amount
of $500,776.10 for Savannah Park Subdivision. (Ashton Orlando Residential, LLC,
Hearthstone Multi Asset Entity C, L.P)
Public Works
Roads-Stormwater
34. Authorize the Chairman to execute the 4th and final year Memorandum
of Agreement, as shown on page _______, between the University of Illinois and
Seminole County for Reimbursement of Coordination and Chemical Analysis Costs
associated with atmospheric deposition monitoring needed for Florida Department
of Environmental Protection’s (FDEP) Total Maximum Daily Load (TMDL)
development.
Traffic
Engineering
35. Approve and authorize the Chairman to execute the Seminole County -
City of Longwood Traffic Signal Maintenance Agreement, as shown on page _______.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Discussion
ensued with regard to request for the approval of the First Amendment to
RFP-600134-07/TLR, Medical Director Services, with Todd M. Husty, D.O.,
P.A. Commissioner Henley questioned when
the last time this was put out to bid.
Whereupon, Director of Public Safety Tad Stone advised in 2007.
Commissioner
Henley stated that if the County goes with a clinic approach for health care,
he would like to see the medical doctor for that to also be the medical
director. He added that he was very
concerned with the $20,000 per month fee, even though other surrounding
counties are paying more.
Mr. Stone
advised he pulled the records from March and determined that 64 hours were
spent by the Medical Director and that doesn’t count the time he spent with him
on protocol issues.
Commissioner
Van Der Weide stated he has the same concerns as Commissioner Henley. Ms. Coto clarified that this contract can be
terminated by the Board with 60-days notice.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to authorize the Chairman to execute First
Amendment, as shown on page _______, to RFP-600134-07/TLR, Medical Director
Services, with Todd M. Husty, D.O., P.A.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Discussion
ensued with regard to request for award of RFP-600605-09/BJC, Insurance
Brokerage Services. Chairman Dallari
said he wants to make sure that the County is taking advantage of the
Governor’s Insurance Trust.
Commissioner
Carey questioned why this did not go through the Risk Management
Committee.
Ms. Coto
advised typically this type of issue would not go through the Risk Management
Committee.
Commissioner
Carey agreed with the Chairman, stating there are lots of options available to
the County and she would like to see the Risk Management Committee involved so
that there is full discussion on them.
Commissioner
McLean stated he does believe there is a problem with the process and that the
Risk Management Committee should have input into this. He pointed out that each year the insurance
market changes drastically and he feels it is important to be consistent with
the process.
Greg
Butterfield, representing Arthur J. Gallagher Risk Management Services, Inc.,
addressed the Board to state this proposal is for brokerage services and not
for insurance coverage. He said they
will show the Board the Governor’s Insurance Trust and any other option the
Board would like to see. He said in the
past they have increased the County’s coverage at no additional cost and have
reduced their own compensation in recognition of the County’s budget
constraints.
Commissioner
McLean stated he does not object to the result, but the process; and would like
to see this put through the Risk Management Committee.
Commissioner
Henley said he is not in favor of that because this has been the process for
years and no one has raised that objection.
He added that he would be in favor of awarding the RFP at this
time.
Motion by Commissioner Carey, seconded
by Commissioner McLean to continue consideration of award of RFP-600605-09/BJC,
Insurance Brokerage Services, to Arthur J. Gallagher Risk Management Services,
Inc., for the purpose of making a presentation on same to the Risk Management
Committee.
Districts
1, 2, 3 and 5 voted AYE.
Commissioner
Henley voted NAY.
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Ms. Coto
clarified, for Chief Fleming, with regard to Item #24, FDLE Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, that same refers to contracted
services and not personnel.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by Commissioner McLean, seconded
by Commissioner Carey to approve negotiated cost settlement relating to Parcel
#132 for Zachary Taylor Holdings, Inc. for the Lake Emma Road road improvement
project in the amount of $20,081, for the statutory attorney’s fee and experts’
fees and costs.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS CONSENT AGENDA
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve and authorize the following:
Clerk’s Office
37. Expenditure Approval Lists, as shown on page
_______, dated April 13 & 20, 2009; Payroll Approval List, as shown on page
_______, dated April 16, 2009; BCC Minutes dated April 14, 2009; and noting,
for information only, the following Clerk’s “received & filed”:
1.
Work
Order #6, as shown on page _______, to PS-0219-05.
2.
BOA
Development Orders, as shown on page _______, as follows: Beazer Home Corp.; Doug Tygielski; Louise
Watkins; Sunil Patel; Florida Communications; James & Crystal Fisher; and
Alan Hubley.
3.
Conditional
Utility Agreements, as shown on page _______, for Potable and Reclaim Water and
Sewer Service with Taylor Morrison of Florida, Inc. for the project known as
Terracina @ Lake Forest Ph 3.
4.
Conditional
Utility Agreement, as shown on page ________, for sewer service with Alfonso
Arribas, Trustee for the project known as 9200 U.S. Hwy 17-92.
5.
Bill
of Sale, as shown on page _______, accepting Potable and Reclaim Water and
Sewer systems within the project known as Acuera.
6.
Third
Amendment, as shown on page _______, for IFB-600250-07.
7.
Amendment
#1, as shown on page _______, to Work Order #1 to PS-3166-08.
8.
IFB-600612-09
Contract for Purchase, as shown on page _______, of Motorola Moscad Parts and
Related Items, Integrated Telecommunication Systems, Inc.
9.
Parks
Contracts for Services, as shown on page _______, with Cathleen Daus; Eddie
Rodriquez; and Donald McCoy.
10.
Amendment
#2, as shown on page _______, to RFP-2251A-07.
11.
Closeout,
as shown on page _______, for CC-0569-06.
12.
Memorandum
from the Public Service Commission to All Parties of Record & Interested
Persons, relating to Petition to determine need for Florida EnergySecure
Pipeline by Florida Power & Light Company.
13.
Tennis
Development Instructor Agreement, as shown on page _______, with William
Piacenti.
14.
Amendment
#1, as shown on page _______, to Work Order #1 to PS-2051-07.
15.
Amendment
#1, as shown on page _______, to Work Order #2 to PS-2051-07.
16.
Change
Order #1, as shown on page _______, to CC-3191-08.
17.
Work
Order #116, as shown on page _______, to PS-5165-04.
18.
Work
Orders #36 and #37, as shown on page _______, (Payment & Performance Bonds)
to CC-1075-06.
19.
Recorded
Comfort Rooms of Florida, Inc. Developer’s Commitment Agreement, as shown on
page _______, approved by the BCC on November 18, 2008.
20.
Parks
Contracts for Services, as shown on page _______, for Sheena Fosselius; Russ
Gorman; and Jacqueline Thomas.
21.
Change
Order #4, as shown on page _______, to CC-2424-07.
22.
Work
Order #47, as shown on page _______, to PS-1529-06.
23.
Work
Order #37, as shown on page _______, to CC-1075-06.
24.
Second
Amendment, as shown on page _______, to RFP-600006-06.
25.
Work
Orders #54 & #55, as shown on page ________, to PS-1074-06.
26.
Closeout
for Work Order #11, as shown on page _______, to CC-1284-06.
27.
Work
Order #2, as shown on page _______, to PS-5151-03.
28.
Work
Order #36, as shown on page _______, to CC-1075-06.
29.
Memorandum
to Ann Colby, Assistant County Attorney, from David Shields, Assistant County
Attorney, regarding Basic Services Agreement, as shown on page _______, Request
relating to Ritchie v. Seminole County, Case No. 2008-CA-6465-16-K.
30.
Change
Order #1, as shown on page _______, to Work Order #67 to CC-1220-03.
31.
Work
Order #109, as shown on page _______, to PS-5165-04.
32.
Change
Order #1, as shown on page _______, to Work Order #66 to CC-1220-03.
33.
Maintenance
Agreement and Letter of Credit #F853608, as shown on page _______, for On &
Off-Site Potable and Reclaim Water and Sewer in the amount of $363,638.20 for
the project known as Acuera.
34.
Letter
to David Butler, Dept. of Revenue, from Sandy McCann, Deputy Clerk, submitting
a certified copy of the Notice of Tax Impact of the 2008 VAB advertisement and
proof of publication.
35.
Proof
of publication, as shown on page _______, for the Notice of Tax Impact of the
2008 VAB.
36.
Work
Order #9, as shown on page _______, to PS-2249-07.
37.
Work
Orders #52 & #53, as shown on page ______, to PS-1074-06.
38.
Amendment
#2, as shown on page _______, to Work Order #8 to PS-5185-05.
39.
Work
Orders #68, #69 & #70, as shown on page _______, to PS-5120-02.
40.
Amendment
#20, as shown on page _______, to PS-332-96.
41.
Work
Order #25, as shown on page _______, to PS-1501-06.
42.
Amendment
#1, as shown on page _______, to Work Order #5 to PS-5177-05.
43.
Work
Order #3, as shown on page ________, to RFP-3261-08.
44.
Bids
for IFB-600591-09.
SHERIFF’S OFFICE
38. Authorization 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.
REGULAR
AGENDA
Planner,
Austin Watkins, addressed the Board to present the Redmon Design PUD Final
Master Plan for property consisting of .40 acres, located at the southeast
corner of the intersection of U.S. 17-92 and Lakewood Circle. He advised Phase 1 of the project consists of
renovations to an existing 720 square foot office building, parking area
improvements and very minimal site work.
Phase II consists of all site work, including a 2,400 square foot office
building infrastructure improvements, and landscaping/wall construction. The site is approved for the following
uses: insurance, real estate,
architects, engineering, attorneys, office show rooms and other professional
business services. He further advised
the applicant is seeking a parking waiver pursuant to Section 30.453(d) of the
Seminole County Land Development Code.
Phase II of the Final Master Plan requires 16 parking stalls and the
applicant is requesting 14 parking stalls.
Phase I depicts two access points off of Lakewood Circle, with the
access points being reduced to one access point off of Lakewood Circle during
Phase II. The final Master Plan also
provides the required 25% common usable open space. He added that staff recommends approval of
the Plan and the Developer’s Commitment Agreement.
District
Commissioner Henley stated he appreciates all the elements that are going into
this design and he would recommend approval.
Motion by Commissioner Henley, seconded
by Commissioner Carey to approve the Final Master Plan and Developer’s Commitment
Agreement, as shown on page _______, for the Redmon Design PUD, consisting of
.40 acres, located at the southeast corner of the intersection of U.S. 17-92
and Lakewood Circle, Scott Redmon; and authorize the Chairman to execute same,
based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Van Der Weide advised the East Central Florida Regional Planning Council (ECFRPC)
will be lowering their dues and that Seminole County’s DRI’s will not have to go
through them.
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Commissioner
Henley stated that in speaking with Congressman Mica and Senator Constantine,
the SunRail project is not dead. He
advised there is a MetroPlan Executive Meeting scheduled to discuss a legal
alternative. He noted that there has
been a letter sent from eight or nine senators regarding the Tri-Rail project
funding. He said it appears a lot of the
background information on this is now coming to light.
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Commissioner
Carey commended Commissioner Van Der Weide for his input to the ECFRPC which
resulted in a reduction of dues.
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Commissioner
Carey announced that the City of Sanford will have a parade for Memorial Day on
May 25, 2009.
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Commissioner
Dallari reminded the Board that Commissioner McLean and he will be traveling to
Palatka today to represent the BCC at the St. Johns River Water Management
District.
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Commissioner
Henley advised of the ribbon-cutting ceremony for the East/West Route for
LYNX.
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Commissioner
Carey advised that the Chamber will be recognizing Commissioner Henley and
presenting him with the Leadership Award at a luncheon this Friday.
CHAIRMAN’S
REPORT, CONTINUED
Chairman
Dallari stated he will pass the gavel to Commissioner Henley so that he can
Chair this afternoon’s BCC meeting.
Whereupon, Commissioner Henley suggested the gavel be passed to
Commissioner Van Der Weide instead.
There were no objections to
Commissioner Van Der Weide chairing this afternoon’s BCC meeting.
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The
Chairman recessed the meeting at 10:40 a.m., reconvening at 1:30 p.m. with all
Commissioners and all other Officials, with the exception of Deputy Clerk Sandy
McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
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Acting
Chairman Dick Van Der Weide advised that two Commissioners (Chairman Dallari
and Vice Chairman McLean) are absent today, out on other County business.
PROOFS OF
PUBLICATION
Motion by Commissioner Henley, seconded
by Commissioner Carey, to authorize filing the proofs of publication for this
meeting’s scheduled public hearings into the Official Record.
Districts
3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
VOLUNTARY BILLBOARD
AGREEMENT/
BEECH OUTDOOR ADVERTISING
Proof of
publication, as shown on page _______, calling for a public hearing to consider
approval of a Voluntary Billboard Agreement between Seminole County and Beech
Outdoor Advertising, located west of I-4 approximately 1.5 miles north of the
intersection of E.E. Williamson Road and Interstate 4, Beech Outdoor
Advertising, received and filed.
District
Commissioner Carey stated the Board has received a written request (copy
received and filed) from the applicant for a continuance to June 9.
No one
spoke in support or in opposition to the continuance.
Three
letters in opposition to the request were received and filed.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to continue to June 9, 2009, at 1:30 p.m., or as soon
thereafter as possible, the public hearing to consider a Voluntary Billboard
Agreement between Seminole County and Beech Outdoor Advertising, located west
of I-4 approximately 1.5 miles north of the intersection of E.E. Williamson
Road and Interstate 4; as described in the proof of publication, Beech Outdoor
Advertising.
Districts
3, 4 and 5 voted AYE.
VACATE AND ABANDONMENT/
MARK BESSETTE
Proof of
publication, as shown on page _______, calling for a public hearing to consider
adoption of a Resolution to vacate and abandon a portion of an unnamed, platted
public right-of-way, in North Chuluota off 7th Street, as recorded
in Plat Book 2, Page 56 in Section 21, Township 21S, Range 32E, Mark Bessette,
received and filed.
Brian
Walker, Senior Planner, addressed the Board to present the request, stating the
staff recommends Board adoption of the Resolution to vacate and abandon as
requested by the applicant.
Jack
Reynolds, representing the applicant, addressed the Board to state the intent
is to vacate the right-of-way and rezone the property to build a dental
office.
Acting
Chairman Van Der Weide advised of receipt of letter (received and filed) from
the Chuluota Community Association stating they completely support this
project.
No one
spoke in support or in opposition.
Ms. Coto
stated District Commissioner Dallari advised he recommends approval of the
request.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to adopt and authorize the Chairman to execute
appropriate Resolution #2009-R-92, as shown on page _______, vacating and
abandoning a portion of an unnamed, platted public right-of-way, in North
Chuluota off 7th Street, as recorded in Plat Book 2, Page 56 in
Section 21, Township 21S, Range 32E; as described in the proof of publication,
Mark Bessette.
Districts
3, 4 and 5 voted AYE.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
(with attachment) dated 4/24/09 from John E. Tyler, FDOT, to Chairman Dallari
re: notice of 5/18/09 FDOT public
information meeting regarding American Recovery & Reinvestment Act of 2009
Design-Build Stimulus Project: SR 434
widening from Maitland Blvd. to Lotus Landing Blvd.
2. Memo
dated 4/23/09 from Barbara Vergara, SJRWMD, to BCC re: water supply planning meetings.
3. Letter
dated 4/24/09 from Diane Pickett Culpepper, Bright House Networks, to Chairman
Dallari re: switched digital video
(SDV.)
4. Copy
of letter dated 4/28/09 from Chairman Dallari to Richard Crotty, Orange County
Mayor; Welton G. Cadwell; Lake County Chairman; John Quinones, Osceola County
Chairman; Harold W. Barley, MetroPlan Orlando Executive Director; and Michael
Snyder, Orlando-Orange County Expressway Authority Executive Director, re: a regional expressway authority.
5. Copy
of letter dated 5/5/09 from Cindy Coto, County Manager, to Richard Gestrich,
Oviedo City Manager, re: pedestrian overpass
over Red Bug Lake Rd. at SR 426.
6. Notice
of 5/7/09 City of Lake Mary public hearing re: annexation of Heathrow International Business
Center DRI.
7. Notice
of 5/18/09 City of Lake Mary public input workshop re: downtown future development master plan.
8. Letter
dated 4/30/09 from Cyndi Stevenson, St. Johns County Chairman, to Chairman
Dallari re: Seminole County water
withdrawal application.
9. Letter
dated 4/23/09 from State Senator Andy Gardiner to Chairman Dallari re: SB 788-Gaming Compact – State of
Florida/Seminole Tribe.
10. Memorandum dated 4/30/09 from Malissa Dillon,
SJRWMD, to BCC re: cancellation of May
Projects & Land Committee meeting.
11. Copy of letter dated 4/27/09 from Chairman
Dallari to David Hornsby, SJRWMD, re: Technical
Publication SJ2006-2D, SJRWMD, District Water Supply Plan 2005, Draft Fourth Addendum,
3/25/09.
12. Copy of letter (with attachment) dated 5/4/09
from Phil Laurien, East Central Florida Regional Planning Council, to Cindy
Coto, County Manager, re: reductions of
proposed county dues.
13. Letter (with attachment) dated 4/30/09 from
Sam Stark, Jonathan Mousseau, Tom Hagood and Bruce Skwarlo, Central Florida
Sports Commission, re: March monthly
report.
14. Copy of letter dated 5/6/09 from Bryan Nipe,
Greenways & Natural Lands Manager, to Nestor Pozzo re: donation in memory of William C. Hawthorne.
15. Copy of letter dated 5/6/09 from Bryan Nipe,
Greenways & Natural Lands Manager, to Lora Weiss re: donation in memory of Phyllis Diamond.
16. Copy of letter dated 5/7/09 from Tom Jackson,
Longwood Acting City Administrator, to Chairman Dallari re: annexation of Milwee Middle School.
17. Letter dated 5/5/09 from Governor Charlie
Crist to Chairman Dallari re: Wekiva
area proposed rule to achieve nitrogen reductions.
18. Notice of 5/18/09 City of Oviedo public
meeting re: non-statutory development
agreement with associated master land use plan for Covenant Presbyterian
Church.
19. Copy of letter dated 5/1/09 from Nelson R.
Bregon, HUD, to Chairman Dallari re: HUD
allocations for CDBG programs, HOME Investment Partnerships, Housing
Opportunities for Persons With AIDS (HOPWA) and Emergency Shelter Grants (ESG.)
20. Letter dated 5/7/09 to BCC re: CountyRxCard
discount prescription program in Seminole County.
LEGISLATIVE
UPDATE
Ms. Coto
advised that ACM Sabrina O’Bryan is out ill today. She said Ms. O’Bryan had provided the Board
with information on a number of bills last week and she will answer any
questions on those, or if there are additional bills that were not included,
she will research those and bring that information back to the Board.
Commissioner
Carey said she thinks it would be nice to get an analysis of the bills that did
pass in the Legislature and how they will affect the County pertaining to
funding issues.
Ms. Coto
said staff is working on that. She
understands the President may veto monies the County presently receives for
prisoners being housed in our facilities outside Seminole County, which would
have a significant impact to the County’s budget. She said staff is looking at those things
that may have an impact on the budget.
Commissioner
Henley said he thought this was by agreement that the County took the
prisoners. Everybody else has refused to
have them. He said if the County is
going to get stuck, it will cost the local taxpayers a lot of money.
Ms. Coto
reported that the State Legislature has officially ended and staff is putting
together a list of all the bills that affect Seminole County or that may
potentially mean a loss of control that the BCC has locally.
Commissioner
Carey said she can’t believe the County would be forced to house the prisoners
without some compensation.
Mr.
McMillan discussed that there was some federal money provided to the County for
prisoners for constructing some of the beds, and the County agreed to house a
certain number of prisoners.
Ms. Coto
advised that staff still has a lot of research to do on this.
Acting
Chairman Van Der Weide said the Board considers this report today a preliminary
update with more coming later.
Ms. Coto
said staff will send the information to the Board at least by e-mail so they
have it available prior to the next Board meeting.
ITEMS FOR
FUTURE AGENDA/CITIZENS
Cristina
Harden, 1050 Delk Road, addressed the Board to tell of her experience with four
books her teenage daughter checked out at the public library. She expressed how disappointed she was with
the County’s library system for purchasing books which glorify things such as
drug use, sex between children and teachers, underage drinking, using ecstasy,
and students getting expelled from school but having parents spend money on
remodeling the school so they don’t have to get expelled. She wants to focus on the drug use. She said Greenwood Lakes Middle School has on
their web site their policy regarding drug use.
They believe that a high risk factor is something that puts someone in
danger of injury to his or her health in an unsafe situation. They believe a high risk factor for drug use
is when people around you promote drug or alcohol use or use it. Right next door to the school is a branch
library with books promoting drug use.
Even the reviews the library sent off the internet say the books have no
literary or political value and there is nothing good in them basically. She said the language used in the books was
cursing multiple times. If she used that
language today, it would shock them. Yet
the County felt it was appropriate to provide books with that language to have
the young people to read. She said let’s
partner together to work towards a common goal of helping our youth be involved
in healthy behavior. She requested the
County remove these books from circulation because the County is not
restricting access to them by minors, which is in violation of the County’s
policy.
Vice
Chairman Van Der Weide stated he is sure the Commissioners will agree with Ms.
Harden. He explained that the Board has
certain restrictions about what they can and cannot do with free speech. He recommended at least reviewing what she
has mentioned today and see exactly what is going on. He acknowledged knowing that she has written
to staff personally in charge of the library.
Mr.
McMillan stated excluding books from the library is a sensitive, legal issue
and usually they have some discretion in what they buy, but once it’s in there,
it becomes another issue. He said he
would have to look at specifically what they are dealing with and what the
latest rulings are. He knows this is a
very sensitive issue.
Ms. Harden
said she would be happy to return the books to the library if they would
restrict them to minors.
Commissioner
Henley said this is censorship and it gets very complicated. He is concerned about what is the County’s
policy and procedure for dealing with complaints about materials such as they
are hearing about today.
Vice
Chairman Van Der Weide said his personal opinion is it would not hurt to have
County staff review this and report back to the Board.
Commissioner
Henley said normally a committee reviews the books and makes a recommendation
as to whether they should be restricted or kept in a restricted area or
not.
Ms. Coto
said she knows there is a policy as it relates to the materials, but she is not
as familiar with that. She will be happy
to look at that and talk to the Library Director and discuss this with the
County Attorney.
Ms. Harden stated this has gone
through Ms. Peterson already and their review was to remove the books from the
youth section, however, they don’t restrict the books from the teenagers.
Commissioner Carey stated she
agrees with Commissioners Henley and Van Der Weide, but she doesn’t know what
the County policy is. She thinks Ms.
Harden came today because she was not satisfied with the answer she got from
the Library Director. She thinks the
Board needs to look into this matter.
She is hearing staff will look through the policy and will let the Board
know how they are going to address it.
Commissioner Henley said he thinks
the Board has to be careful and cautious about the way they deal with these
types of things because what is objectionable to Ms. Harden may not be to
others. It is based upon the sensitivity
of the individual who is reading the material.
He thinks they have an obligation as parents of training youngsters
dealing with right and wrong choices; and those things go on continuously
day-by-day and not the moment they pick up something the parents object
to. They will be subjected to those type
of things throughout their lives and need to have the character to say, “I
don’t need to go there.”
Commissioner Carey said she thinks
it is a legitimate request to look into it.
She asked Ms. Coto to report to the Board and they will report back with
Ms. Harden. Discussion continued.
Ms. Harden said similar to videos
that are not rated for minors to check out, she thinks the library would have
that rating stating this is inappropriate for minors to check out and their access
is restricted from checking out the books.
Commissioner Henley said perhaps
they need to establish a system that youth library cards are coded that they
are not allowed to check out certain books.
Ms. Coto said she thinks there are
a lot of privacy issues with library cards and minors are treated very
differently. It is a whole host of very
complex issues.
Commissioner Carey said that is why
the Board is asking her to come back and let them know these issues.
Acting Chairman Van Der Weide said
the County Manger has agreed to review the policy and come back to the
Board. There are some restrictions. If there are some policies that they can
change and restrict, he doesn’t know, but these are things they can
review. He said the Board is limited to
some of the things they can do. He
expressed appreciation for Ms. Harden’s input and said he will make sure the
staff reports back to her and all the Commissioners.
Speaker Request Form for Ms. Harden
was received and filed.
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There being no further business to
come before the Board, the Acting Chairman declared the meeting adjourned at
2:00 p.m., this same date.
ATTEST_______________________Clerk_____________________Chairman
slm/cc