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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