BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JUNE 22, 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, June 22, 2010, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Bob Dallari (District 1)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Mike McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Maryanne Morse, Clerk of Circuit Court (Late)

     Acting County Manager Joe Forte

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     Pastor Orlando Lopez, Winter Springs Seventh-Day Adventist Church, gave the Invocation.

     Commissioner Henley led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Motion by Commissioner Carey, seconded by Commissioner McLean, to adopt appropriate Resolution #2010-R-129, as shown on page _______, recognizing Michael Kramer as the Cultural Arts Council "Artist of the Year 2010."

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

Clerk Maryanne Morse entered the meeting at this time.

Commissioner Carey presented the Resolution to Mr. Kramer,
who expressed thanks to the Commission and said he was deeply honored.

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Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to adopt appropriate Resolution #2010–R-130, as shown on page _______, proclaiming the month of July 2010 as Recreation and Parks Month in Seminole County.

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

Commissioner Van Der Weide presented the Resolution to Tina Thompson; Joe Abel, Parks & Recreation Director; Bob Goff, Chairman of the Leisure Services Advisory Board; and Parks & Recreation Subcommittee Members Mark Brandenburg and Don Nicholas.  Ms. Thompson addressed the Board to express thanks for the proclamation and to state there is a lot to celebrate in Seminole County with the natural resources.  She said the residents are very proud of the Parks & Recreation system and the group before the Board works very hard to keep it that way.

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Motion by Commissioner McLean, seconded by Commissioner Carey, to adopt appropriate Resolution #2010-R-131, as shown on page _______, proclaiming the week of July 25-31, 2010 as “Water For People Week.”

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

Commissioner McLean presented the Resolution to Tom Kleppe, Sales Engineer for American Cast Iron Pipe Company and Chair of the Region 3 Section for the Florida Section of the American Waterworks Association, who addressed the Board to state 900 million people don’t have clean water and over two and a half billion people lack access to clean sanitation worldwide.  He said it is through the Water for People Charity that the volunteers educate and raise support from the public about the dire needs of others.  He expressed thanks for the recognition on behalf of all the volunteers.

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Stephen Stipkovitz, Forester for the Little/Big Econ State Forest and the Charles H. Bronson State Forest (CHBSF), addressed the Board to announce a public hearing will be held for the Charles H. Bronson State Forest (CHBSF) Management Plan on July 20 at 6:30 p.m. at the Christmas Civic Association Building in Christmas, Florida.  This meeting is to obtain public comments on what they would like to see as part of this new 10,000 acre forest.

COUNTY MANAGER’S CONSENT AGENDA

     ACM Joe Forte advised of the following changes to the agenda:  staff is requesting Item #28, Resolution implementing Budget Amendment Request (BAR) #10-78 in the amount of $2,165,068, be pulled for further review to insure the establishment conforms with the grant requirements; staff revised the language on Item #29, Resolution implementing Budget Amendment Request (BAR) #10-80 in the amount of $98,203, to indicate there is no matching grant as the matching requirement is met in full through the appropriate Emergency Management Program; staff included additional language to Item #46, CC-5527-10/VFT, to include any minor roads, utilities, and upgrades for Account #087818.560650 for the CIP 00065201. 

     Chairman Dallari pulled Item #34, Request to approve the Cross Seminole Trail to be designated as a “Purple Heart Trail,” for a separate discussion and vote; and added to the morning agenda an update on the Orlando-Orange County Expressway Authority’s letter of response from Mike Snyder.

     Commissioner McLean pulled Item #7, Award of CC-5083-10/DRR to GATES Butz Institutional Construction, LLC, of Naples, Florida, for a separate discussion and vote.

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

County Manager’s Office

Purchasing & Contracts Division

 4.  Adoption of appropriate Resolution #2010-R-132, as shown on page _______, to create Section 4.37 "Procurement Committee" of the Seminole County Administrative Code.

 5.  Approve Assignment, as shown on page _______, of IFB-600515-08/LJS, Contract for the Purchase of Animal Medicines, from Henry Schein Animal Health to Butler Schein Animal Health, Dublin, OH.

 6.  Approve the negotiated rates and award PS-4736-09/RTB, as shown on page _______, Architectural and Engineering Services for Construction Projects Under $2,000,000.00, to C.T. Hsu & Associates, P.A. of Orlando, Florida and Baker Barrios Architects, Inc. of Orlando, Florida (estimated annual usage amount of $300,000.00).

 8.  Award CC-5432-10/VFT, as shown on page _______, Big Tree Park Trailhead Construction, in the amount of $117,310.50 to Gregori Construction and Engineering Inc. of Sarver, Pennsylvania.

 

Central Services

Human Resources Division

 9.  Board approval to authorize staff to hire radio technicians on a temporary basis to upgrade current 800Mhz radio equipment to federal standards.

Support Services Division

10.  Approve and authorize the Chairman to execute the Quit-Claim Deed, as shown on page _______, releasing the County's mineral rights reservation on a portion of Parcel #09-21-30-527-0000-0010 to Casselberry Investment Properties, Inc.

 

Community Services

Community Assistance Division

11.  Approve and authorize the Chairman to execute the Seminole County/Homeless Services Network of Central Florida, Inc. Shelter Plus Care Program Subrecipient Agreement, as shown on page _______.

12.  Approve and authorize the Chairman to execute the Seminole County/Habitat for Humanity in Seminole County, Inc. SHIP Program Supplemental and Remedial Developer Agreement, as shown on page _______.

13.  Approve and authorize the Chairman to execute the Seminole County/Homeless Services Network, Inc. Homeless Management Information System (HMIS) Participation Agreement, as shown on page _______.

 

Environmental Services

Business Office

14.  Approve the release of the original Maintenance Bond #0884535 for the project known as Heritage Commons in the amount of $35,925.51.

15.  Approve the release of the original Maintenance Bond #58652895 for the project known as Colonial Town Park Bldg. 400 in the amount of $10,333.70. (Colonial Realty Limited Partnership)

16.  Approve the release of the original Maintenance Bond #5033168 for the project known as Savannah Park in the amount of $49,413.67. (Ashton Orlando Residential LLC)

17.  Approve the release of the original Maintenance Bond #6518028 for the project known as Lowe’s Fern Park in the amount of $8,199.70. (Marcobay Construction)

18.  Approve the release of the original Cash Maintenance Bond with Escrow Agreement for the project known as Palm Valley Professional Center in the amount of $5,608.30. (Capital Development Group)

19.  Approve the release of the original Cash Maintenance Bond with Escrow Agreement for the project known as Fifth Third Bank - SR 46 in the amount of $1,228.10. (Fifth Third Bank)

20.  Approve the release of the original Cash Maintenance Bond with Escrow Agreement for the project known as Alaqua Country Club Clubhouse in the amount of $3,876.00. (Alaqua Group LLC)

21.  Approve the release of the original Cash Maintenance Bond with Escrow Agreement for the project known as Maple Leaf Commerce Center in the amount of $3,454.00. (Indrunas Enterprises)

22.  Approve the Amendment, as shown on page _______, to the Utility Agreement for Water Service for the project known as Willa Springs Commercial Property.

23.  Approve the Second Assignment(s) and Amendments, as shown on page _______, to the Conditional Utility Agreements for Potable and Reclaimed Water Service and Sewer Service for the project known as Brooks Landing with Lifeway Homes, LLC.

 

Fiscal Services

Business Office

24.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-133, as shown on page _______, implementing Budget Amendment Request (BAR #10-76) through the General Fund in the amount of $15,441 for the U.S. Election Assistance Commission grant award.

25.  Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $98,203 through their Emergency Management Performance Grant Program.

26.  Approve the Sheriff's Office to submit grant applications to the Florida Department of Law Enforcement requesting the $230,104 countywide allocation through the Edward Byrne Memorial Justice Assistance Program; and authorize the Chairman to execute the grant application and supporting documents, as shown on page _______.

Budget Division

27.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-134, as shown on page _______, implementing Budget Amendment Request (BAR) #10-77 from the Water & Sewer Operating Fund in the amount of $150,000 to appropriate funding for the Northwest Service Area Maintenance Facility.

28.  Pulled from the agenda for further review by staff the request to approve and authorize the Chairman to execute resolution implementing Budget Amendment Request (BAR) #10-78 through the Environmental Services Grant Fund in the amount of $2,165,068 to increase funding for the ARRA-Energy Efficiency and Conservation Grant.

29.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-135, as amended, as shown on page _______, implementing Budget Amendment Request (BAR) #10-80 through the Public Safety Grants Fund in the amount of $98,203 to allocate funds from the FY 2010/11 Emergency Management Performance Grant.

30.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-136, as shown on page _______, implementing Budget Amendment Request (BAR) #10-81 through the 2001 Infrastructure Sales Tax Fund in the amount of $20,000 to provide funding for the Merritt Street sidewalk reconstruction.

 

Growth Management

Planning & Development Division

31.  Approve the Release of Lien, as shown on page _______, in the amount of $15,500.00, Case No. 09-89-CEB, on 5300 Vista Club Run, Tax Parcel #19-19-30-5MT-0000-2190, owned by Deutsche Bank National Trust and authorize the Chairman to execute same.

32.  Adopt and authorize the Chairman to execute appropriate Resolution #2010-R-137, as shown on page _______,vacating and abandoning the platted seven foot wide utility easement situated at the rear of Lot 21, Block J, Spring Valley Farms, Section 8, as recorded in Plat Book 15, Pages 49 and 50, of the Public Records of Seminole County, Florida, and further described as 100 Spring Lake Lane, Altamonte Springs, Florida; in Section 22, Township 21 S, Range 29 E; Frank J. and Dianne K. Celebre.

33.  Authorize the release of the Maintenance Agreement for Road Improvements and Irrevocable Standby Letter of Credit #31 9916/AR45 in the amount of $13,526.60 for the Sun Drive right-of-way. (Suncor Properties, Inc.)

 

Leisure Services

Greenways & Natural Lands Division

35.  Approve and authorize engineering services, as identified in proposal from HNTB, for improvements at Cameron Wight, C.S. Lee, and Mullet Lake Parks.

 


Public Works

Engineering Division

36.  Approve and authorize the Chairman to execute a Joint Project Funding Agreement, as shown on page _______, between Seminole County and the Seminole County School Board in conjunction with Woodlands Elementary drainage improvements.

37.  Approve and authorize the Chairman to execute Amendment No. 3, as shown on page _______, to the Department of Environmental Protection (DEP) Agreement No. S0163 in conjunction with the Club II Regional Stormwater Facility Project.

38.  Adopt appropriate Resolution #2010-R-138, as shown on page _______, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page _______, with the Florida Department of Transportation in conjunction with the construction/placement of audible pavement markings on Osceola Road from State Road 46 to the Seminole County Landfill. (FDOT – FPN: 423965-1-58-01)

 

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

 

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     Commissioner McLean questioned Item #7, award of CC-5083-10/DRR, Central Transfer Station Citizen's Area Construction, in the amount of $1,367,856.00 to GATES Butz Institutional Construction, LLC, of Naples, Florida.  He said the bid being presented is a firm from Collier County and there is a firm in Seminole County, Roger P. Kennedy, with the pricing within 2% of the winning bid.  He has discussed in the past the concept of looking at, particularly during these difficult fiscal times, the idea of when all else is relatively equal, they should move towards a local firm. 

     Motion by Commissioner McLean to award CC-5083-10/DRR, Central Transfer Station Citizen's Area Construction, in the amount of $1,367,856 to Roger P. Kennedy, Altamonte Springs, Florida.

     Chairman Dallari called for a second to the motion three times, whereupon the motion died for the lack of same.

     Commissioner Carey asked Ray Hooper, Purchasing Manager, or County Attorney Robert McMillan to speak to why that was not an appropriate motion under the Board’s policies. 

     Mr. McMillan stated if the Board wishes to adopt a local preference, they have to adopt it and have it part of the package and system when the proposal is bid out.  He said to change the rules at this point of the game would lead to a protest by the low bidder and would violate the Board’s policy. 

     Upon request by Chairman Dallari, Mr. Hooper addressed the Board to give the background of this request.

     Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the recommendation by staff to award CC-5083-10/DRR Contract, as shown on page _______, Central Transfer Station Citizen's Area Construction, in the amount of $1,367,856.00 to GATES Butz Institutional Construction, LLC, of Naples, Florida.

     Under discussion, Commissioner Henley stated he understands where Commissioner McLean is coming from, but at the same time, if they are to maintain their integrity with these companies, it is imperative for them to follow the guidelines.  Realizing they would be violating their own policy, he could not support Commissioner McLean’s motion.

     Commissioner Carey said she saw the letter yesterday from the #2 firm and that prompted a conversation with her and Mr. Hooper.  She said the Board may want to take this up as a work session item.  Mr. Hooper is gathering information about what other counties are doing.

     Commissioner Van Der Weide stated if the Board wants to change the policy, they can direct staff, by consensus, to make that a preference for local firms.

     Commissioner Henley stated he will be looking very closely at how many change orders are needed for this contract.  He said they don’t have to accept change orders.  He asked Mr. Hooper to call that to the Board’s attention if they should overlook it.

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

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     Commissioner McLean asked the Board’s consensus to look at the options regarding local preference in the hard bid process to see if conditions exist as they had the last time (this was discussed).

     Commissioner Carey stated she thinks they need to look at this policy as a whole.

     Chairman Dallari said staff will bring this discussion back before the Board.

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     At the request of Commissioner Van Der Weide, Col. (Ret.) O. L. Ramsey addressed the Board to speak regarding renaming part of the Cross Seminole Trail as a Purple Heart Trail.  He stated he has been asked by numerous people what a purple heart is, how you get it and what it is for.  He said people don’t know.  If they have a brief description for people riding or walking by, they would read it and then understand that people have shed blood to make it free for them to do these things.  If this is approved, Seminole County will have the first pedestrian trail designated as part of the Purple Heart system.  He said he has the national organization’s approval for that already.  He stated the Leisure Services Committee has been very helpful; and Bryan Nipe and Joe Abel have supported him throughout this entire effort.

     Commissioner Van Der Weide stated the Board appreciates all the veterans, especially those who have received a Purple Heart.  He said this County will be more than grateful and more than willing to have those signs displayed throughout their trails. 

     Bryan Nipe, Greenways and Natural Lands Division, addressed the Board to give a PowerPoint presentation (copy received and filed), stating they have been working on distinguishing the Cross Seminole Trail as a Purple Heart Trail.  He explained where it runs.  He said he talked to Col. Ramsey recently about the placement to make sure they don’t have clutter and that the signs are placed appropriately at the beginning and at the end.  He showed the wording on what it means to receive a Purple Heart medal.  He said in between the beginning and ending of the trail, they could incorporate the medal-medallion of George Washington.  He said they have not gotten too far into the details on locations.  

Commissioner Carey said she thinks if they add the medal to any sign they have on the Cross Seminole Trail, that would be good.  The trailheads would be a nice place to put information about the markers.  She thinks this plan is moving forward, and she thanked Col. Ramsey for coming forward and expressed congratulations to him.

     Commissioner Henley thanked Col. Ramsey for bringing this forward.  He said he thinks quite often the young adults take too lightly the price that has been paid by those before us.  He is very pleased this came forward as a way to recognize and memorialize those, and instruct those who travel the trails.

     Commissioner McLean thanked Col. Ramsey for coming today and for his service to the country and his comments about Seminole County.  He said he is pleased they are going to recognize the Purple Heart in this way and the fact that it is unique and will make national news. 

     Chairman Dallari thanked Mr. Nipe and staff, and Col. Ramsey; and asked staff to continue to work with Col. Ramsey and Commissioner Van Der Weide to move this forward.  He said he thinks the idea of putting an emblem on the trail, and on the trailheads as well, is appropriate.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve the Cross Seminole Trail to be designated as a "Purple Heart Trail."

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

 

County Attorney’s Consent Agenda

Litigation

Motion by Commissioner Henley, seconded by Commissioner McLean, to approve the proposed negotiated settlement as to Parcel Number 148 of the road improvement project for Chapman Road, at the total aggregate sum of $6,000.00, Oak Creek Homeowners’ Association, Inc.  No costs were incurred by the property owner.

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

40.  Approval of Expenditure Approval Lists, as shown on page _______, dated May 24 and June 1, 2010; and Payroll Approval List, as shown on page _______, dated May 27, 2010; and approval of the BCC Official Minutes dated May 11, 2010.

 

Sheriff’s Office

41.  Board approval for the Sheriff’s Office to execute and submit a grant application to the U.S. Department of Justice, FY 2010 Edward Byrne Memorial/Justice Assistance Grant (JAG) program and authorize the Sheriff to sign future documents relating to the grant.

42.  Approval by the Board of County Commissioners to expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution to various crime prevention and education programs operated by the Seminole County NAACP branch.

43.  Approval by the Board of County Commissioners to expend $500 from the Law Enforcement Trust Fund to provide for a contribution to the Greater Sanford Regional Chamber of Commerce in support of its scholarship program.

44.  Approval by the Board of County Commissioners to expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution to Elizabeth House, Inc.

 

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.  Amendment #3, as shown on page _______, to Work Order #51 for PS-5120-02.

 

 2.  Parks Contracts, as shown on page _______, with Tuesday Jamieson and Daniele Salles.

 

 3.  Amendment #4, as shown on page _______, to Work Order #27 for RFP-4277-09.

 

 4.  Amendment #2, as shown on page _______, to Work Order #74 for PS-5120-02.

 

 5.  RFP-600254-07, as shown on page _______, PAY Counseling Contract, Laurie A. Reid.

 

 6.  Work Order #9, as shown on page _______, for PS-4388-09.

 

 7.  Amendment #3, as shown on page _______, for RFP-0268-05.

 

 8.  Change Order #2, as shown on page _______, for CC-4626-09.

 

 9.  Work Order #28, as shown on page _______, for PS-5190-05.

 

10.  Closeout, as shown on page _______, for CC-1184-06.

 

11.  Exhibit B, as shown on page _______, for Parks Contract with Mason Addison.

 

12.  Work Order #8, as shown on page _______, for PS-3914-08.

 

13.  Amendment #2, as shown on page _______, for IFB-600769-09.

 

14.  Work Order #28, as shown on page _______, for PS-5175-04.

 

15.  Work Order #34, as shown on page _______, for PS-0381-06.

 

16.  Certificate, as shown on page _______, of Costs of Abatement for 201 Buttonwood Drive.

 

17.  Development Order, as shown on page _______, for 8810 Atwater Loop, Ryland Group.

 

18.  Change Order #2, as shown on page _______, for CC-4082-08.

 

19.  Work Order #27, as shown on page _______, as shown on page _______, for PS-5175-04.

 

20.  Change Order #3, as shown on page _______, for CC-4847-09.

 

21.  Title Opinion, as shown on page _______, for Goldeneye Point Final Plat.

 

22.  Memorandum from Liz Parkhurst, Growth Management, to Sandy McCann, Commission Records, regarding outstanding BCC documents.

 

23.  Assignments, as shown on page _______, of Conditional Utility Agreements for Water and Sewer Service between Larry Jon Bates, Sharon McCutchin Bates, Larry Jon Bates, II, Stephen Haines Bates and Evergreen-Orange & Sylvan, LLC for the project known as Primrose.

 

24.  Frequency Reconfiguration Agreement, as shown on page _______, dated May 13, 2010 with Nextel South, Inc.

 

25.  Performance Bonds, as shown on page _______, in the amounts of $839,787 and $16,612 and a Title Opinion for Shoppes at Aloma Walk plat.

 

26.  Amendment #1, as shown on page _______, for RFP-600775-09.

 

27.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Continental 170 Fund, LLC for the project known as Lot 1 – Greenway South PUD Chase Bank.

 

28.  Title Opinion, as shown on page _______, for Terracina at Lake Forest Fourth Amendment.

 

29.  Amendment #3, as shown on page _______, for IFB-600423-08.

 

30.  Work Orders #47, #48 and #49, as shown on page _______, for CC-1741-07.

 

31.  Amendment #1, as shown on page _______, for RFP-600729-09.

 

32.  Amendment #2, as shown on page _______, for M-2943-07.

 

33.  Bids for RFP-600906-10; RFP-600881-10; RFP-600878-10; PS-5451-10; CC-5432-10; IFB-600907-10; DB-4550-09; CC-5083-10; RFP-600897-10; RFP-600904-10; IFB-600891-10 and IFB-600872-10.

 

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     Chairman Dallari recessed the meeting at 10:11 a.m. and reconvened it at 10:19 a.m. with all Commissioners and all other Officials present.

REGULAR AGENDA

Gary Rudolph, Utilities Manager, addressed the Board to present request to schedule and advertise a public hearing for adoption of the Reclaimed Water Ordinance.  

Motion by Commissioner McLean, seconded by Commissioner Carey, to authorize staff to schedule and advertise a public hearing to consider adoption of the proposed Reclaimed Water Ordinance.

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

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     Mr. Hooper presented the request to award CC-5527-10/VFT, Seminole Wekiva Trail/Lake Mary Boulevard/International Parkway Pedestrian Tunnel, in the amount of $3,297,000.00 to Southland Construction, Inc. of Apopka, Florida.

     Motion by Commissioner Carey, seconded by Commissioner McLean, to approve and authorize award of CC-5527-10/VFT Contract, as shown on page _______, Seminole Wekiva Trail/Lake Mary Boulevard/International Parkway Pedestrian Tunnel, in the amount of $3,297,000.00 to Southland Construction, Inc. of Apopka, Florida, as amended with the additional language to include any minor roads, utilities, and upgrades for Account #087818.560650 for the CIP 00065201.

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

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Tina Williamson, Assistant 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 $600.00, 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, and allow this reduced amount to be paid in monthly installments of $50.00 for 12 months; and upon payment in full, authorize the Chairman to execute the Satisfactions of Lien.  Ms. Williamson stated staff recommends the Board reduce the lien amounts based on the facts the lien amounts create a financial hardship and exceed the value of the property.

Commissioner Henley thanked the staff for taking the time to meet with the applicant and to investigate his ability to meet the commitment.  He said he has visited the site twice and the applicant has made the effort to comply.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve the 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 $600.00, 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, and allow this reduced amount to be paid in monthly installments of $50.00 for 12 months; and upon payment in full, authorize the Chairman to execute the Satisfactions of Lien, based on the staff recommendations.

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

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Ms. Williamson presented request to waive the Code Enforcement Board lien, which totals $1,750.00 for Case #08-161-CEB on the property located at 98 Melton Drive, Winter Springs, Despot B. Bojadzijev (previous owner) and Kimberly P. Cappolla (current owner), and authorize the Chairman to execute the Release of Lien.  Ms. Williamson said staff recommends waiving the lien due to the fact the applicant did not create the violations and brought the property into compliance within seven days of notification.

Motion by Commissioner McLean, seconded by Commissioner Henley, to approve the request to waive the Code Enforcement Board lien, which totals $1,750.00 for Case #08-161-CEB on the property located at 98 Melton Drive, Winter Springs, Despot B. Bojadzijev (previous owner) and Kimberly P. Cappolla (current owner); and authorize the Chairman to execute the Release of Lien, as shown on page _______, based on the staff recommendations.

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

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     Mr. Hooper presented request for Board adoption of a resolution to change the "Purchasing Policies" (previously Section 8.15) of the Seminole County Administrative Code. 

     Commissioner Carey said she and Mr. McMillan were discussing this document and there are a number of clerical errors, and she stated Mr. McMillan’s recommendation is to continue this item.

     Mr. McMillan stated the staff needs to make the changes consistent throughout the document.  He said this action does not prevent the Board from considering the Ordinance on this afternoon’s meeting agenda and this item can be brought back at the next BCC meeting.

     Motion by Commissioner Carey, seconded by Commissioner McLean, to continue to the next BCC meeting (July 27, 2010) the request for adoption of a resolution to change the "Purchasing Policies" (previously Section 8.15) of the Seminole County Administrative Code.

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

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Carol Watral, MSBU Project Manager, addressed the Board to present request to schedule and advertise a public hearing to give consideration for creating a street lighting MSBU for the subdivision of Veramonte [BK 73 PG 72-77], adopting the initial non-ad valorem assessment roll for the Veramonte MSBU for the first-time levy in 2010; and amending the Consolidated Street Lighting District Ordinance #2010-1 to include the Veramonte MSBU.  

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to authorize staff to schedule and advertise a public hearing to consider creating a street lighting MSBU for the subdivision of Veramonte [BK 73 PG 72-77], adopting the initial non-ad valorem assessment roll for the Veramonte MSBU for the first-time levy in 2010; and amending the Consolidated Street Lighting District Ordinance #2010-1 to include the Veramonte MSBU.  

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


COUNTY MANAGER’S BRIEFING

     The Informational Budget Amendment Status Report FY 2009/10 for the period ending May 30, 2010, was presented, for information only. 

Clerk Maryanne Morse advised of a correction that Item #10-39 should be voided as it is included in Item #10-31.  Lin Polk, Budget Manager, concurred with the correction.

CHAIRMAN’S REPORT

     Chairman Dallari advised Mr. Forte distributed a response letter (copy received and filed) from the Orlando-Orange County Expressway Authority for discussion.  He said the letter clearly states they are not going to give Seminole County a seat on their Expressway Authority.  He thinks the BCC needs to amend the Interlocal Agreement and address five key points.  He thinks the seat on the Orlando-Orange County Expressway Authority is a separate issue.  The Board has heard from the Legislative Delegation that they are trying to have a regional transportation authority and that is really where this argument needs to take place--on a regional basis and not with the Orlando-Orange County Expressway Authority (OOCEA).  He said the OOCEA does not have a right to give Seminole County a seat; that still has to go to the State.  Also, he believes Seminole County should be looking for a utility easement on the parallel access roads instead of looking at the Expressway.  He explained the parallel access roads that are on SR 46 is where they should be asking for a utility easement to run either water or different types of utilities.  From the toll collection standpoint, they talked about wanting to place approval of the toll.  He said the parallel access roads are toll free going from Seminole County to Lake County (and quite a bit into Lake County), and the Wekiva legislation also states that they will be toll free in Seminole County.  He further stated that the condemnation rights should only be limited to the building and construction of the expressway in the approved corridor so that it is clear they are not giving condemnation rights outside the corridor.  They should also be referring to the Condemnation Legislation Act approved by the State several years ago.  He said he would like for the BCC to adopt these five changes and send that back through the Interlocal Agreement to the Orlando-Orange County Expressway Authority.

     Commissioner Henley stated he has no problem with taking out the section dealing with the seat on the OOCEA because it’s not theirs to grant, and the BCC knew that from the beginning; but they were willing to move forward without opposition from them.  He said the problem with the makeup of that Board is that they deal with millions of dollars and do not answer to the public.  The fact that they want to expand into all the surrounding counties, this will end up being about the only Board that exists that does not reflect the regional nature.  He was trying to get the Authority to understand that if it’s going to be regional, the Board should reflect that.  He said due to the fact that the BCC doesn’t need their permission to attempt to affect the legislation, he is willing to take that out.  What concerns him again is whether this item is moving too quickly since they have not had a public hearing to officially adopt the alignment.  The BCC had told the people they would have an opportunity to express themselves at a public meeting before official adoption.  He said he supports the Chairman’s position on the utilities that this should be done in the parallel roads, assuming that gets built.  He said he wants to make it plain that the Authority’s failure to exercise eminent domain has to be within the approval of the BCC.  He stated he did not like the tone of the letter from the OOCEA.  Since receipt of the letter, he asked Mr. Forte to contact Mr. Snyder to be present today.

     Mr. Forte stated Mr. Snyder said he would be here at 2:30 p.m. this afternoon.

     Commissioner Henley suggested deferring this discussion until 2:30 p.m. so the Board can discuss these changes with Mr. Snyder. 

     Upon request of Chairman Dallari, Jerry McCollum, County Engineer, addressed the Board to explain how the public process will work. 

     Chairman Dallari stated he did not have an issue with stating that it is per the Expressway’s approval for the alignment.

     Commissioner McLean said his concern was that the BCC was having a one-sided discussion.  They had questions they wanted to discuss and negotiate and the OOCEA members were not responding to them in any way.  They now have something to talk about, with the response coming from Mr. Snyder.  He agreed with Commissioner Henley that the tone of the letter could have been more cooperative.  He thinks they need to look at the larger picture of moving towards the regional transportation authority, and that has to go through Tallahassee to do it.  He said he agrees with parallel access roads for the utility easement.  That makes sense for them to be toll free.  On the condemnation rights, he feels it is important to have someone on the Right-of-Way Committee which will allow the BCC to have a distinctive voice in that process.  Also, regarding the legislation, he thinks they have to have a foundation to work from and the legislation is what they have.  He hopes, if they move forward, the Orange County folks will see that they want to be able to build some semblance of coalition between them to move towards a regional authority.  He added that once this is done, they need to work together to maintain and operate the system.

     Upon inquiry by Commissioner Carey, Mr. McCollum explained what happens to the parallel roads when the road crosses from Seminole County to Lake County, stating the last concept he saw showed the service road on the north side.  Commissioner Carey asked him to check that because the plans she has does not show that.

     Commissioner Carey said they are in discussions regionally about a regional water supply and if they don’t have a way to transmit the water to the west, then West Orange County can’t get water from Seminole County and neither can Lake County.  She said it is not uncommon to have utilities in DOT’s right-of-way.  She said however they are crossing the river, the utilities have to cross at the same place.  Further, Commissioner Carey said there is nothing in the Wekiva legislation that says the Expressway Authority has to be the one to build this road.  That bothers her a little, and she is still not willing to give up the ability to represent the people of Seminole County without having some voice on the Board.  She said once the FONSI process is done and they move forward in a public hearing, Secretary Downs has said they will be able to get the public hearings going as early as August to set the alignment.  At that point, Commissioner Carey said if they have done this agreement, and are now moving forward with the idea they are going to do this, if they are not all working together to try to get the legislation changed, the BCC could end up in a situation where they don’t have any say.  Once the alignment is set, the right-of-way is going to be the right-of-way, and the eminent domain process is pretty cut and dry about how it works.  She said this has not even gone to the Orlando-Orange County Expressway Authority’s Board for discussion.  She would like to have the conversation with Mr. Snyder before they start modifying anything to give back.  Discussion continued.

     Commissioner Van Der Weide said he personally thinks they are “whistling Dixie” if they think the OOCEA is going to give Seminole County a seat on that board.  That leaves them with the Legislature and organization of a regional authority, which the Legislature has the authority to do and that’s what he’s hearing.  He said if they don’t get moving in some direction, they will never get this built.  He questions how long they can hold that position with the idea of getting a seat on the board. 

     During additional discussion, Commissioner Carey said there are public/private partnerships that will design, build, and operate these types of roadways; and that’s another possibility.  She said it would be nice if they can work it out with the OOCEA, but in this particular situation, she thinks to take the attitude that it’s their way or no way is not something she is willing to sit back and take. 

     The consensus of the Board was to continue this discussion to the afternoon meeting pending attendance of Mr. Snyder.

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     Commissioner Henley said at the last meeting, there was a group of elderly citizens who expressed their concern about Jetta Point and since then they have had a neighborhood meeting in the Tuskawilla area.  It is evident there has been a lot of misinformation that has been circulated.  He also saw in the newspaper that the Winter Springs Commission is requesting to hold a joint meeting.  In view of all this, he has a recommendation.

Motion by Commissioner Henley, seconded by Commissioner Carey, to direct staff to withdraw the Jetta Point item from the Winter Springs agenda and make a conscientious effort to try to effect a land swap. 

Under discussion, Commissioner Carey said she understands that Winter Springs has already taken action to approve the zoning.  She thinks the motion to reconsider and look at a land swap may be more appropriate.

Commissioner McLean stated, as District Commissioner, he has heard his fair share regarding this scenario.  He thinks the land swap concept gives them the time to see if there is another area that may be more appropriate.  He said he would support the motion.

Commissioner Carey said, in the process of trying to attempt a land swap, that is a valuable corner for commercial development.  She asked how to deal with this if they are trying to do a land swap and the land use has already been changed.

Mr. McMillan said everything that happened at the last Board meeting seemed inconsistent with what he understood the case was.  Since that meeting, he has gone through the documents and also talked to previous Deputy County Manager Don Fisher about this item.  Mr. McMillan reviewed the background history.  He said his view now is that the whole issue is premature.  He is not sure the County can withdraw the application.  He believes it is an administrative land use change that the City is proceeding with.  The City is the applicant and the County is the property owner. 

Chairman Dallari said the County can send a letter to the City and request a discussion of this matter.  He said the BCC can ask the City to stop their action.  Mr. McMillan said that is what he thinks the Board should do because their actions are premature.

Commissioner Carey asked Commissioner Henley to amend his motion to say the BCC will send a letter to Winter Springs instead of the County stopping the action, since technically it is not the County’s application, to not have the amendment.  She said if the City administratively amends the land use, the County won’t have anything to trade. 

Commissioner Henley said he thinks a joint meeting can resolve many of those concerns.  He still would like to request the City to stop action to give the County time to see if they could effect a land swap.  Then they would come back and ask the City to take the necessary actions to allow the County to be able to do that.

Chairman Dallari clarified the motion by Commissioner Henley is asking the BCC to send the city of Winter Springs a letter (copy received and filed) to stop all action, so the BCC can investigate a potential land swap and also have the appropriate work session with the community as well as the City so there is total transparency and everyone understands what’s being done.  Commissioner Henley added if they get someone who is willing to swap, then they will ask the City to make the necessary changes to allow that to happen.

Commissioner Carey agreed to the amended motion.

Upon inquiry by Commissioner Carey, Mr. McMillan said until the City does a land use amendment and rezoning, the commercial land use and commercial zoning remains on the property, and the commercial zoning allows the park.

Mr. McMillan advised Commissioner Carey that he can research what happened in the city of Oviedo regarding this issue.  

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

Chairman Dallari asked Mr. Forte to contact the city of Winter Springs today to let the City know what the BCC is doing.

The Board and Mr. McMillan briefly discussed the Amendment IV issue.

Mr. McMillan reported that what happened in the city of Oviedo was that the County obtained from the City a special exception for the park, and that didn’t change the underlying zoning.

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Mr. Forte distributed copies of a memorandum (received and filed) from Mr. McCollum regarding the Potential Statewide ARRA (Stimulus) Funds to be discussed during the afternoon meeting.

Mr. McCollum advised that during this meeting he spoke with Noranne Downs and he has changed his memo to reflect the County should potentially receive a little more money.

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Chairman Dallari recessed the meeting at 11:09 a.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials (with Clerk of Court Maryanne Morse being absent), with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerks Jane Spencer and Sandy McCann, who were present at the Opening Session. 

PROOFS OF PUBLICATION

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

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

COUNTY MANAGER’S REPORT (CONTINUED)

Chairman Dallari informed the Board that there was an outstanding item from the morning session that needed to be addressed, the Expressway Authority, and added that Mike Snyder was present.

Guy Minter, Deputy County Attorney, distributed an Interlocal Agreement (received and filed) which had been modified during the lunch break. Chairman Dallari asked Mr. Minter if the changes to the document included a seat on the board, the utility easement regarding the power access roads, toll-free power access road over the Wekiva and changes to the corridor for the construction of the parkway.  Mr. Minter explained the condemnation process in the agreement. 

Mike Snyder, Executive Director of the Orlando-Orange County Expressway Authority (OOCEA), addressed the Board and gave a brief history of his working relationship with Seminole County.  Mr. Snyder explained the two ways in which the alignment will be set, stating that first and foremost is the Seminole County Expressway Authority which, by statute, has the authority to set the final alignment of any toll road within Seminole County, and in essence sets where that final line is going to be. Mr. Snyder stated that for the past five plus years, the Federal National Environmental Protection Act (NEPA) process has been followed.  At the end of that process, an environmental document approval will be received which, along with the agreement of the Seminole County Expressway Authority, will establish the right-of-way final alignment of where the road is going to be. 

Mr. Snyder explained that once you get into engineering and design, there will be minor tweaking because of geographical or environmental situations and minor shifts in the alignment to avoid those elements will be required.  Mr. Snyder assured the Board that once OOCEA has final alignment, they will not be looking to change it. 

Mr. Snyder discussed the OOCEA's Right-of-Way Committee and what they do every month.  He added that by having a person on this committee, the interests of the citizens in Seminole County would be represented and protected in one of the strongest ways possible. 

Mr. Snyder discussed the OOCEA and its desire to one day finish a beltway around Orlando from a regional transportation perspective.  He explained the course of action in trying to get to the public hearing and discussed funding and the approval process. 

Upon inquiry by Commissioner Henley, Mr. Snyder stated that he believes a public hearing will occur in late summer, early fall.  He then explained the process that will occur once a public hearing has been held in each of the three counties stating there is a 30-day window after the public hearing in which the public continues to have an opportunity to solicit written or verbal comments as it relates to the documents and drawings that were presented at the public hearing.  All of the comments received are discussed by the group and any recommended preferred alternatives that need to be made will be made.  Ultimately, they will be brought back to the various boards for a final alignment approval.  A final submission with all of those approvals, along with the engineering documents, will be submitted to the Federal Highway Administration for a final environmental assessment approval. 

Mr. Snyder advised that design could then begin after receiving that approval, at least in Orange County, since there are no interlocal agreements with anyone else.  Mr. Snyder stated that if there are interlocal agreements in place, design would begin for various locations, not just one spot.

Commissioner Henley advised it is not that the Board does not want to cooperate but has accountability to the citizens to look out for their welfare.  He added that he would prefer to see the expressway authority reflect a regional approach.  He reviewed some of his concerns contained in the agreement. 

Upon inquiry by Commissioner Henley concerning the impact of the delay in having a public hearing to officially adopt the alignment, Mr. Snyder stated they can't move any further along in the process until the public hearing and environmental document gets approved by the Federal Highway Administration.

Upon inquiry by Commissioner Henley, Mr. Snyder updated the Board as to the progress with Lake County.  Commissioner Henley voiced concerns regarding utilities in the right-of-ways from the standpoint of the investment that has been made by the County at Yankee Lake in order to have potable water to share with other jurisdictions.  Mr. Snyder advised that within the limited access right-of-way, the OOCEA would be opposed to having an easement for utilities due to the fact that a major failure of a waterline or a sanitary line under the limited access pavement would have a serious impact on transportation movement in a critical link in the corridor but suggested that the County could look to the service roads.

Upon inquiry by Commissioner Henley as to any objection to the easements being under the parallel roads, Mr. Snyder stated that there would be no objection; however the bond covenants required that nothing can be given away for free and therefore, fair compensation would be sought for an easement.  When asked by Commissioner Henley for clarification, Mr. Snyder stated that if OOCEA funded the building of the parallel roads, compensation would be sought for the easements.  He stated that within the controlled access where the service roads will be, the allowance of a utility easement is definite, that it would just be a matter of working out fair compensation.

Mr. McMillan, County Attorney, stated that the utilities could be a part of the conditions of the approval to start with. 

Commissioner Carey stated that since the people on the Boards will probably change before the road opens to the traveling public, she believes it is important to make sure there is an agreement that protects the citizens of Seminole County.  She added that the issue concerning regional water authorities is transmission and that it would be short-sighted if that is not captured along the roadways as they are expanded. 

Commissioner Carey stated that the agreement that is before the Board today still does not contain some of the items that have been discussed, such as a seat on the Right-of-Way Commission.  She added that while she believes the road is needed, she is not willing to give up the ability to be a regional authority with a seat on the board.

Mr. Snyder advised that the utilities issue can be worked out.  Chairman Dallari asked Mr. Minter to include the Right-of-Way Committee seat into the agreement.  Mr. Minter stated that there will be additional legal tweaking done to the agreement and that can be included.  Mr. Snyder advised that once the legal verbiage has been worked out, he will present the agreement to his Board to get their approval and he believes that could happen in July or August. 

Commissioner McLean discussed the fact that the form of the regional transportation authority that will be needed to operate the parkway in the future will be different from what we have now and added that while that change is not in the agreement, it is an objective of Seminole County.  He stated that the seat on the Right-of-Way Committee is very much appreciated and gives Seminole County a voice. 

Chairman Dallari passed the gavel to the Vice Chair for the purpose of offering a motion. 

Motion by Chairman Dallari, seconded by Commissioner McLean, to approve the Interlocal Agreement as presented today with the five changes from this morning, as well as putting in language concerning the Board’s position for the seat on the Right-of-Way Committee.

Mr. Minter clarified that the agreement does not contain language that states that Seminole County has adopted the alignment.

Districts 1, 2, 3 and 4 voted AYE. 

Commissioner Carey voted NAY.

PUBLIC HEARINGS

PUD MAJOR AMENDMENT/Etor Properties

     Proof of publication, as shown on page ________, calling for a public hearing to consider a PUD Major Amendment to the Etor Properties PUD and Addendum #5 to the Etor Properties PUD Developer’s Commitment Agreement, for property consisting of 4.07 acres located on the northwest corner of S. Sun Drive and Greenwood Boulevard, Regal Pointe Park North Condominium Association, Inc., received and filed.

     Cynthia Sweet, Senior Planner, addressed the Board to present the request, advising that applicant, Regal Pointe Park North Condominium Association, is requesting a major amendment to the Etor Properties PUD to allow a pet store and kennel for retail sales and overnight boarding.  She added that on May 5, 2010, the Planning and Zoning Commission voted unanimously to recommend approval of the major amendment with the conditions that the use be limited to a one unit/establishment not to exceed 5,000 square feet in size, with no more than 25 dogs boarded at one time.  

     Ms. Sweet advised staff finds that the proposed use of a pet store and kennel with overnight boarding of dogs is not detrimental to the character of the Planned Unit Development; is compatible with the existing uses within the PUD; and recommends approval of the Etor Properties Major Amendment and Addendum to the Developer’s Commitment Agreement with the conditions that the use be limited to a one unit/establishment not to exceed 5,000 square feet in size, with no more than 25 dogs boarded at one time.

     Jackie Borum, applicant and president of Hollywood Houndz Boutique and Spa, addressed the Board and offered to answer any questions.  She also presented an e-mail (received and filed) in support of the amendment from Fusion Fitness.

Michael Cottel, owner of Outspoken Bike Shop, addressed the Board to speak in support of the amendment.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

Motion by Commissioner Henley, seconded by Commissioner Carey, to approve the Major Amendment to the Etor Properties PUD and Addendum #5, as shown on page _______, to Etor Properties PUD Developer’s Commitment Agreement, consisting of 4.07 acres located on the northwest corner of S. Sun Drive and Greenwood Boulevard, as described in the proof of publication, and authorize the Chairman to execute the aforementioned documents, based on staff findings.

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

PUD MAJOR AMENDMENT/

NW Oregon Planned Unit Development

     Proof of publication, as shown on page ________, calling for a public hearing to consider PUD Major Amendment to the NW Oregon Planned Unit Development (PUD), Lot 2 of Dunwoody Plaza; for property consisting of approximately 2.37 acres, located on the north side of SR 46, approximately 0.5 mile west of I-4, BESH Engineering, received and filed.

     Tina Williamson, Assistant Planning Manager, addressed the Board to present the request, stating the applicant is requesting a major amendment to the NW Oregon PUD in order to allow a propane tank to be placed in the 10’ landscape buffer required along the west side of Lot 2 of Dunwoody Plaza.   The propane tank is being used in association with the Ace Hardware Store, which occupies the westernmost unit within Lot 2.  In order to shield the tank from SR 46 and the adjacent property, the buffer will be required to have a continuous shrub hedge,  a minimum of 3 feet in height, 3 canopy trees and 2 sub-canopy trees, every 100 linear feet. Staff finds that the buffer encroachment will not have a negative impact on the surrounding area, due to the fact that it is located between two commercial tracts. 

Ms. Williamson advised that staff recommends approval of the request and the Planning and Zoning Commission voted 5-0 to recommend approval of the request based on staff findings.

Jack Wilburn, applicant and owner of Lake Forest Ace Hardware, addressed the Board and offered to answer any questions.

No one else spoke in support or in opposition.

Commissioner Carey suggested that staff put the propane tank issue on the question list so amendments won’t have to come back after-the-fact.

     Motion by Commissioner Carey, seconded by Commissioner Henley to approve the request for a Major Amendment to the NW Oregon Planned Unit Development (PUD), Lot 2 of Dunwoody Plaza and Addendum #2, as shown on page _______, to the Third Revised and Restated NW Oregon PUD Developer’s Commitment Agreement; consisting of approximately 2.37 acres, located on the north side of SR 46, approximately 0.5 mile west of I-4, as described in the proof of publication, BESH Engineering, and authorize the Chairman to execute the aforementioned document, based on staff findings.

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

AFFORDABLE HOUSING PROPERTY INVENTORY LIST RESOLUTION

     Proof of publication, as shown on page ________, calling for a public hearing to consider the Affordable Housing Property Inventory List Resolution, received and filed.

     Meloney Lung, Central Services, addressed the Board to present the Affordable Housing Inventory List Resolution.  She advised Florida Statutes, Section 125.379, require each county to approve an inventory list that can be used for affordable housing prior to July 1.  She explained that the attached list, which contains five properties, has been reviewed by Community Services as well as Growth Management and found to be appropriate.  She added staff recommends approval.

A discussion ensued concerning the criteria for a property to be on the list.  Commissioner Carey requested that staff identify these properties by District number in the future.

     No one spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner Carey to adopt appropriate Resolution 2010-R-139, as shown on page _______, for the Affordable Housing Property Inventory List, as described in the proof of publication.

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

ORDINANCE AMENDING SEMINOLE COUNTY CODE

     Proof of publication, as shown on page ________, calling for a public hearing to consider Ordinance Amending Seminole County Code, Chapter 220, "Purchasing Code" of the Seminole County Code, received and filed.

     Mr. Hooper stated that the purpose of the hearing today is to receive public comment and to discuss amending the Purchasing Code.  He stated that procurement in Seminole County is governed by the Purchasing Code which applies to the expenditure of public funds and that the last adoption of the existing Purchasing Code occurred on November 13, 2001.

Mr. Hooper advised the proposed ordinance reflects changes in procurement policies that are reflective of current statutes, regulatory laws and best procurement practices; and that the recommended changes are a result of several meetings of the Procurement Committee, recommended changes from the County Attorney’s Office, various departments’ audit findings and recent NIGP assessments.  He added that a revision was distributed earlier to reflect capitalization changes.

     Commissioner Carey discussed ethics and procurement integrity and suggested mandatory training for anyone that does any kind of procurement. 

Mr. Forte advised that Mr. Hooper is going to be incorporating ethics into the annual P-Card training.  He added that staff is also going to create an online ethics course that will be available for all employees who need it.

     No one spoke in support or in opposition.

Motion by Commissioner McLean, seconded by Commissioner Henley, to approve the changes and adopt Ordinance #2010-9, as shown on page _______, amending Chapter 220 of the Seminole County Code, Purchasing Code, as described in the proof of publication.

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

ORDINANCE AMENDING SEMINOLE COUNTY CODE

     Proof of publication, as shown on page ________, calling for a public hearing to consider Ordinance Amending Seminole County Code - Chapter 40, Sections 40.2, 40.19 through 40.24, 40.26, 40.27, 40.69, 40.116 and 40.121., received and filed.

     Paul Watson, Building Official, addressed the Board to advise that the Building Division issues competency cards to contractors in accordance with Chapter 40, Seminole County Code and that at present, the Code contains some outdated nomenclature, definitions and some technical requirements that have become invalidated by F.S. 553 and the Florida Building Code.  He added that the revisions remove invalid sections and also address the requirements for an initial comp card application and subsequent renewal.  The competency card expiration will change to every odd year in September to align the comp card expiration with the applicant's State registration.  He stated that staff recommends adoption of the  Ordinance.

No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt Ordinance #2010-10, as shown on page _______, amending Chapter 40 Seminole County Code, to address outdated provisions and to revise the requirements for issuance and renewal of competency cards, as described in the proof of publication.

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

CHAIRMAN’S REPORT (CONTINUED)

     Chairman Dallari stated he received an e-mail (received and filed) from Ray Gilley referencing EDC and jobs which he distributed to the Board members.

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     Chairman Dallari asked for Resolutions of Appreciation for service on the Committee on Aging for Karen Van Caulil and Lymary Munoz.

Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2010-R-141, as shown on page _______, commending Karen Van Caulil for her service on the Committee on Aging; and to adopt appropriate Resolution #2010-R-142, as shown on page _______, commending Lymary Munoz for her service on the Committee on Aging.

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

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     Chairman Dallari informed the Board that he had received the LYNX quarterly reports as of March 31, 2010.

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Chairman Dallari advised that he had received an e-mail from FAC about the annual conference and stated that, at this time, no one has signed up to attend.

COMMUNICATIONS AND/OR REPORTS

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

 

 1.  Resolution dated May 10, 2010 from the City of Winter Springs re: The City’s support of legislative designation of SeminoleWay. (cc:  BCC, County Manager, Growth Management, Economic Development)

 

 2.  Letter (w/attachment) dated May 11, 2010, from Margot Knight, United Arts of Central Florida, to Chairman Dallari re: Request for funding from Seminole County for FY 2011.  (cc: County Manager)

 

 3.  Copy of letter dated May 13, 2010, from Chairman Dallari to Ken Terrell, Friends of Lake Howell, re: Boat Ramp at Red Bug Outfall Site.

 

 4.  Letter (w/attachment) dated June 1, 2010, from Blanche Sherman, LYNX, to Chairman Dallari re: LYNX Quarterly Report as of March 31, 2010.  (cc: BCC, County Manager, Growth Management)

 

 5.  Copy of letter (w/attachment) dated June 7, 2010, from Juan Omana, City of Lake Mary, to Property Owners re: City initiated Small Scale Future Land Use (FLU) amendments to DDD (Downtown Development District) for properties located south and east of the CXS Railroad.  (cc: BCC, County Manager, Growth Management)

 

 6.  Notice of Public Meeting dated June 8, 2010, to be held on Thursday, June 24, 2010, from City of Casselberry Board of Adjustment re: To grant a variance on Leg Lot 7 Brittany Gardens PB 46 PG 38.  (cc: BCC, County Manager, Growth Management)

 

 7.  Letter (w/attachment) dated June 10, 2010, from Cynthia Hamilton-Smith, GoldenRule Housing and Community Development Corp., to Chairman Dallari re: A CDBG Request for Proposal for Historical Preservation of their building.  (cc: BCC, County Manager, Community Assistance)

 

 8.  Copy of letter dated June 8, 2010, from Jeffrey Jentzen, M.D. National Association of Medical Examiners, to Dr. Marie Herrmann, Volusia County Medical Examiner Office, re: Successfully attaining full accreditation for the Volusia County Medical Examiner’s Office.  (cc: BCC, County Manager, Health Department, Public Safety)

 

 9.  Notice of Public Hearing dated June 20, 2010, to be held on June 28, 2010, from City of Sanford re: To consider a Development Agreement between the City of Sanford and Bristol Group One Sanford Partners, LLC for a proposed 272 unit apartment complex for property located at 24441 Cherry Laurel Drive.  (cc: BCC, County Manager, Growth Management)

 

10.  Letter dated June 15, 2010, from Cathy Galavis, Florida Department of Revenue, to Chairman Dallari re: Receipt of County Property Appraiser‘s 2010-11 FY budget request.  (cc: BCC, County Manager)

 

11.  Letter dated June 17, 2010, from Mike Snyder, Orlando-Orange County Expressway Authority, to Chairman Dallari re: Wekiva Parkway Interlocal Agreement.  (cc: BCC, County Manager, Engineering, County Attorney)

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey discussed the June 9 MetroPlan Orlando meeting where the Transportation Improvement Program was presented.  Included in their five-year program is the six-laning of 17-92 from Shepard Road to Lake Mary Boulevard, which is their number one prioritized project, and the four-laning of SR 46, Mellonville Avenue to SR 415, as their sixth-ranked project. 

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Commissioner Carey reported that the NACo Prescription Drug Discount Card Program has saved Seminole County residents over $300,000 so far this year; and since the program's inception in February of 2008, residents have saved over $1.5 million. 

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Commissioner Carey advised that Chairman Dallari had been elected to the Board of Directors for the National Association of Regional Councils which is based in Washington, D.C.

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Commissioner Carey made the Board aware of the following 4th of July celebrations around Seminole County:  Village of Geneva at the First Baptist Church; Red, Rock and Blue at Central Park in Lake Mary; Red, Hot and Boom at Crane's Roost Park in Altamonte Springs; Star Spangled Sanford on the Riverwalk in Sanford; and an Independence Day celebration at the Oviedo Gymnasium and Aquatics facility.  She wished everyone a happy 4th. 

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Chairman Dallari advised he had a conflict for the work sessions scheduled for August 4 and 5 and requested rescheduling of same.

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Commissioner Carey asked if any decision had been made about moving the September meeting to the Wednesday of the first budget hearing.  Mr. Forte advised the budget hearing must be moved from Tuesday to Wednesday because of the School Board meeting conflict and suggested moving the BCC meeting from Tuesday to Wednesday.  Mr. Forte clarified that it was the first meeting in September that was being moved to Wednesday and suggested starting later in the day after lunch with a break for dinner and then come back to do the public hearing.  There were no objections.

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Chairman Dallari asked Jerry McCollum to address the Board concerning ARRA stimulus funds. 

Mr. McCollum distributed a revised memorandum regarding ARRA funds which was received and filed.  He discussed the three projects (Orange Boulevard Bridge; Wekiva Park Drive; and SR 426/Red Bug Pedestrian Overpass) that are production ready and potentially eligible for American Recovery and Reinvestment Act (ARRA) money at the Tallahassee level.  He advised that two of the projects are County projects that currently have LAP Agreements. 

Mr. McCollum stated that FDOT Secretary Downs was requesting a 25% match for the Orange Boulevard Bridge project, which already has money programmed, and a 10% match for the Red Bug Lake Road Pedestrian Overpass project.  He stated that Secretary Downs would like to transmit the two projects and get a commitment from the Board of up to 10% on the pedestrian overpass.  He asked for Board direction and authority to be able to commit up to $440,000 to receive $4.4 million.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize committing up to 10% ($440,000) for the State Road 426/Red Bug Lake Pedestrian Overpass. 

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

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Commissioner McLean summarized the morning discussion regarding Jetta Point and thanked Commissioner Henley for bringing the idea to the forefront for consideration stating that a letter would be sent to Winter Springs to ask them to discontinue their process starting next month and hopefully get together to look at some sort of joint communication to talk about other options including the idea of a land swap to see if there might be a more appropriate area for this park. 

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Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to appoint Frank Cirrincione, General Manager of the Hilton Altamonte Springs, to the Tourism Development Council for a term expiring January 2, 2012; and adopt appropriate Resolution #2010-R-140, as shown on page ________, for Brian Morgan in appreciation of his service on the Seminole County Tourism Development Council.  

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

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Commissioner Henley advised that since Linda Watson, CEO of LYNX, has accepted a position in Austin, Texas, he will be calling a meeting of the LYNX Board to appoint an interim to serve and begin the process to find her replacement.  The Board expressed appreciation for the service that Ms. Watson has done and asked Commissioner Henley to convey that to her.

COUNTY MANAGER’S REPORT

     Upon inquiry by Mr. Forte concerning the agreement being sent to OOCEA as discussed this afternoon and whether or not a SCEA meeting was being called on July 27 following the BCC Board meeting, Chairman Dallari stated that would be appropriate.  Mr. Forte advised that a draft of the changes discussed would be forwarded to OOCEA for their attorneys to begin working on it.

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Mr. Forte discussed a program where the IRS allows for plan participants of the Nationwide Retirement Solution to take loans from their 457 accounts for up to 50% of the amount in their accounts not to exceed $50,000 and pay that back over a 5- to 15-year period.  Mr. Forte stated that since it is an agreement between the employee and Nationwide Retirement Solution, there was no risk to the County.  Mr. Forte asked for consensus to opt into the program option. 

Upon inquiry by Commissioner McLean, Mr. Forte verified there would be no extra dollars spent from the County's standpoint.  Mr. Forte distributed documents (received and filed) reflecting the change in the plan and the program procedures.

Motion by Commissioner Carey, seconded by Commissioner Henley, to approve request to opt into the Nationwide Retirement Solution loan program.

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

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Chairman Dallari advised that the School Board was discussing the half-cent sales tax tonight.  He further stated that the County hasn't decided to go forward with the renewal next year; however if the Board decides to go forward with it, that would be an increase because it is a different tax.

A discussion ensued concerning taxes.

COUNTY ATTORNEY’S REPORT

     Mr. McMillan advised that while he is on vacation for two weeks, Guy Minter will be Acting County Attorney.

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Jim Bradley, 132 Redtail Place, addressed that Board to commend them on the action taken this morning concerning Jetta Point.  Speaker Request Form was received and filed.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:50 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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