BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

JUNE 8, 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 8, 2010, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

Chairman Bob Dallari (District 1)

Vice Chairman Brenda Carey (District 5)

Commissioner Mike McLean (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Carlton Henley (District 4)

Clerk of Circuit Court Maryanne Morse

Acting County Manager Joe Forte

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Deputy Clerk Jane Spencer

 

     Pastor Chris Whaley, 1st Baptist Church of Longwood, gave the Invocation. 

     Commissioner Carlton Henley led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Randy Berridge, representing the Florida High Tech Corridor, addressed the Board to advise that Bill McDermott (Seminole County Economic Development) has been awarded the Eunice Sullivan Award, the Florida Economic Development Council’s highest award in the State of Florida. 

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     Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-114, as shown on page _______, honoring George E. Smith for his leadership and dedication to community services, and recognizing him for receiving the 2010 Leadership Seminole Legends Award. 

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

     The Resolution was presented to Mr. Smith who addressed the Board to express his appreciation. 

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     The Chairman advised that proposed resolution regarding the Cultural Arts Council “Artist of the Year 2010” has been withdrawn from the agenda. 

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     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2010-R-115, as shown on page _______, honoring Shelda R. Wilkens, 4-H Extension Agent, Department of Leisure Services, for 25+ years of service and dedication to Seminole County Government and its citizens, upon her retirement on June 30, 2010. 

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

     The Resolution was presented to Ms. Wilkens who addressed the Board to express her appreciation. 

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     Commissioner Kenneth Wright, Florida Fish & Wildlife Conservation (FWC), addressed the Board to introduce Diane Eggman who manages the Division of Hunting and Game Management with FWC.  He stated that the sport of hunting is declining in the U.S. and Florida is no exception.  He said that the younger generation is into organized sports and computers and is not getting exposed to the outdoors (i.e., camping, fishing & hunting).  He requested an opportunity for the FWC to engage County staff in discussions regarding partnering together on making some parcel of County land into a youth center like the one operating in Jefferson County (Tallahassee) called the Beau Turner Youth Conservation Center.  He explained that the children being bused to this center are able to fish for the first time and learn to live outdoors.  He added that he would like to establish a center like this in Seminole County. 

     Diane Eggman addressed the Board to give a PowerPoint presentation (copy received & filed) titled “Saving Florida’s Conservation Tradition and Heritage – The Next Generation That Cares.”  She displayed a map showing the Florida Youth Conservation Centers Network (FYCC) Phase I and Phase II locations, stating these centers will serve the next generation who will care for wildlife and its habitat.  She advised the Phase I sites are existing facilities such as the Ocala National Forest.  She stated that the FYCC is designed to get kids off the couch, into the woods, and out on the water.  She said that today’s kids are disconnected from nature and their health is at risk.  Children who are active outdoors are often sick less and have a lower incidence of obesity and ancillary diseases.  The important benefits of spending time outdoors among nature is the kids develop a love for the outdoors, interest in conservation and become the next generation of outdoor recreation enthusiasts and conservationists.  She stated that this initiative’s simple strategy is to:  understand youth and families in order to engage them in the outdoors; create outdoor destinations that are magnets; develop a blueprint for industry and private donor giving; and align a public-private-non-profit partnership of bold intent and statewide scope.  She further stated that they want to be guided by what appeals to kids and partner with like-minded organizations in order to avoid duplicating work.  She displayed a model of what a Youth Conservation Center might look like and the elements within, pointing out the following areas:  classrooms, butterfly garden, vegetable garden, fishing pier, shooting archery ranges, canoe/kayak run, shotgun range, ropes & zip line course, camping area.  She said they want to partner with the community, non-governmental organizations, School Boards and local government.  She further said the funding needs are substantial and not covered by State government.  This will truly be a public-private partnership.  Some of the challenges are initial capital and program funds; negative perceptions of the outdoors; transportation; quality experiences; ongoing operational funding; and developing conservation programs that are compliant with State standards.  She advised that they are launching the donor appeal and rallying true conservationists, adding she hopes that these centers will help in Florida’s conservation. 

     Chairman Dallari stated the County is always looking for great partnerships. 

     Mr. Wright said this would be a creative partnership in that the County has land that could be used for this purpose. 

     Commissioner Henley expressed his appreciation to Mr. Wright for making this presentation, stating Seminole County has a woeful lack of youth activities.  He said there is a large number of youth who cannot afford to participate in sports and other activities and he hopes the Board will look at this potential for the good that can come out of it.  He added that there is a definite lack of hunting and fishing activities in the County. 

     Upon inquiry by Commissioner Carey, Mr. Wright stated typically they would need a minimum of 25 acres for each center.  Mr. Wright further stated that this is a private-sector approach to this problem, but they want to take advantage of partnering with the County and School Board in areas that are already available.  He added this is not something that government can or should fund, but the means of getting it done.  Discussion ensued. 

     Commissioner Henley stated that Seminole County already has many of the things in place that would complement what Mr. Wright is talking about; and he would like to ask the Parks & Recreation Division to explore what the County does have and that could be made available for this purpose. 

     Commissioner McLean agreed with Commissioner Henley. 

     Chairman Dallari directed Mr. Forte and his staff to meet with Mr. Wright and FWC on a possible partnership and report back to the Board.  He added that they should also reach out to the School Board and Dr. Vogel. 

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     Assistant County Manager, Sabrina O’Brien, addressed the Board to introduce County Lobbyist, Bobby Brantley, for the Legislative Summary Update. 

     Bobby Brantley addressed the Board to advise it appears there will be a Special Session in July to deal with the issue of off-shore drilling.  He further advised that there was an interesting case last week in court that could have a bearing on an issue the Board has been discussing for years on the use of transportation dollars.  He stated the court ruled that filing fees could only be used for court costs and could no longer be pulled out and used for other things.  He said he believes this case can be used as an excellent argument for other areas, especially the Transportation Fund which has been raided in the past for things other than transportation.  He gave the Board an update on this year’s Legislative Session, advising: the SeminoleWay Bill was approved; House Bill 31 (disability voting machines) was moved back to 2016; Red Light Camera Bill passed; Senate Bill 550 (Septic Tank Bill) passed; full funding was restored for Libraries; and House Bill 7179 (local government bonds) passed. 

     Upon inquiry by Commissioner Carey, Mr. Brantley stated SB 550 is a complicated bill and it will take a period of time before the impact is known.  He added that it does have a low income grant component to it.

     The Chairman thanked Mr. Brantley for his presentation. 

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     The Chairman recessed the BCC meeting at 10:30 a.m., in order to convene the meeting of the U.S. Hwy. 17-92 Community Redevelopment Agency. 

U.S. HWY. 17-92 CRA

     Planner John Metsopoulos addressed the Board to request approval of the Mini-Grant Agreement with The Appliance Store, Inc., located at 906 South French Avenue, Sanford.  He advised the grant is in the amount of $5,000 in order to help offset the total cost (in excess of $10,000) of the project. 

     Upon inquiry by District Commissioner Carey, Mr. Metsopoulos advised the change in the landscape plan (Live Oaks replaced by Palatka Hollies and Bahia sod replaced by Perennial Peanut) was brought about at the request of the city of Sanford. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve the U.S. Hwy 17-92 CRA Mini-Grant Agreement, as shown on page _______, between the CRA and The Appliance Store Inc., located at 906 South French Avenue; and authorize the Chairman to execute the Budget Change Request #10-12 in the amount of $5,000, based on the original landscaping plan submitted by the property owner and not the plan revised by the TAC and RPA Committees. 

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

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     Mr. Metsopoulos presented for consideration the Interlocal Agreement between the CRA and the city of Sanford for the Sanford Water & Sanitary Sewer Line Extension project.  The City is requesting $464,145 to extend the water line from 6th Street to 11th Street and the sewer line to the former Scotty’s site.  He advised that because the Scotty’s site will be the main beneficiary of this project, they are asking the property owner of Scotty’s to grant an easement so the water main will also benefit the Pebble Junction property for future development. 

     Upon inquiry by Commissioner Henley, Mr. Metsopoulos advised both the Scotty’s and Pebble Junction properties are within the CRA.  He also advised that this will be a benefit to other properties in the area. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve the Interlocal Agreement, as shown on page _______, between the CRA and the city of Sanford; and authorize the Chairman to execute Budget Change Request #10-13 in the amount of $464,145, to be dedicated to the Sanford Water & Sewer Line Extension project. 

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

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     The Chairman adjourned the meeting of the U.S. 17-92 CRA at 10:38 a.m., this same date. 

     The Chairman reconvened the BCC meeting at 10:45 a.m., this same date.

COUNTY MANAGER’S CONSENT AGENDA

     Acting County Manager Joe Forte advised of a revision to the start date for the new Growth Management Director to June 28, 2010 (Item #8).  He advised Item #24, Homeless Services Network of Central Florida, Inc. Shelter Plus Care Subrecipient Agreement, and Item #31, Request to schedule a public hearing for the Reclaimed Water Ordinance, have been pulled from the agenda and will be brought back at the June 22, 2010 meeting.  He identified corrections to Item #40, BCR #10-04 and Item #41, BCR #10-14, advising the word “Resolution” has been stricken in both proposed motions.  He stated an update (received & filed) was distributed on Item #61, RFP for Construction Manager at Risk, and a typo was corrected on Item #58, Central Florida Commuter Rail. 

     Joanne Counelis, 136 E. Alma Avenue, addressed the Board to speak in support of the SunRail and a bus on Lake Mary Boulevard to run on Sundays and holidays. 

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

Business Office – County Manager

 8.  Confirm appointment of Nicole Guillet as Growth Management Director, effective June 28, 2010. 

Purchasing & Contracts Division

 9.  Authorize staff to advertise and schedule a public hearing to consider an ordinance amending the Purchasing Code (Chapter 220).

10.  Approve Amendment #3, as shown on page _______, to Work Order #5 under RFP-3261-08/RTB – General Consulting Services for Planning & Development with Kimley-Horn and Associates, Inc., Sarasota, in the amount of $25,000.  

11.  Approve Change Order #3, as shown on page _______, to CC-4336-09/VFT – Jamestown Sanitary Sewer Project (Phase II) to Central Florida Environmental Corporation of Winter Springs, in the amount of $9,988.25; and add an additional 191 days to Final Completion. 

12.  Approve M-600924-10/BJC Contract, as shown on page _______, for  Single Source for Telecommunication Line Billing Audit with S2K Consulting, Sanford.

13.  Approve the negotiated rates and award PS-4906-09/RTB – Master Agreements, as shown on page _______, for Mechanical, Electrical, and Plumbing Engineering Services to Peninsula Engineering of Orlando and TLC Engineering for Architecture of Orlando. 

14.  Approve Proprietary Source Procurement for GovMax programming and reporting modifications and software support with Method Factory, Sarasota. 

15.  Approve Work Order #9, as shown on page _______, for PS-3914-08/VFT – General Environmental Services with PBS&J of Orlando, in the amount of $171,208.69. 

16.  Award RFP-600846-10/BJC Agreement, as shown on page _______, for Legal Services related to public construction contracts for Seminole County, to Michael C. Sasso, P.A., Winter Park. 

17.  Award IFB-600869-10/BJC – Term Contract, as shown on page _______, for Major and Minor Bridge Repairs to Emerald Utilities and Site Development, Orlando. 

18.  Award IFB-600770-10/GMG – Term Contract, as shown on page _______, for Hydrant and Valve Maintenance and Repair and Replacement Parts and Services to Mueller Services, Co., LLC, Plant City. 

 

Central Services

Support Services Division

19.  Approve and authorize the Chairman to execute the Final Renewal, as shown on page _______, of the Sublease Agreement Community Services Offices at Reflections with Workforce Central Florida. 

20.  Approve and authorize Chairman to execute the Lease Number 2010-09, as shown on page _______, for Fire Station #41 with the Sanford Airport Authority.

21.  Approve and authorize Chairman to execute the Final Renewal, as shown on page _______, to the 25th Street (SR 46A) Ahoy Marine Lease. 

Business Office – Community Services

22.  Approve the appointments and reappointments of six members to the Committee on Aging as follows:  Angie Romagosa, Henry Scarfo, Maura Hassey, Elaine Cauthen, Barbara Fore, and Joe Mohr. 

23.  Approve and authorize the Chairman to execute the Amendment, as shown on page _______, to Project Refocus, Inc. Agreement. 

Community Assistance Division

24.  Withdrawal from agenda request to approve and authorize the Chairman to execute the Seminole County/Homeless Services network of Central Florida, Inc. Shelter Plus Care Program Subrecipient Agreement. 

25.  Authorize the Community Assistance Division staff to publish the recommended activity funding list for the 2010-2011 CDBG, HOME, and ESG programs for public comment (30 days).

 

Environmental Services

Business Office – Environmental Services

26.  Authorize the release of the original Cash Maintenance Bond Ck #696304990 for the Central Florida Educators Federal Credit Union Fern Park in the amount of $1,149.30.

27.  Authorize release of the original Cash Maintenance Bond Ck #261434 for the Girls & Boys Town project in the amount of $1,254. 

28.  Authorize the release of the original Maintenance Agreement & Letter of Credit #SB55017 for the project known as Greenway South PUD in the amount of $24,790.

29.  Authorize the release of the original Maintenance Agreement & Letter of Credit #9916/AR45 for the Markham Woods Enclave project in the amount of $15,532.

Solid Waste Management

30.  Approve and authorize the Chairman to execute the Certificate of Public Convenience & Necessity, as shown on page _______, for Keller Outdoor, Inc. 

Water & Sewer

31.  Withdrawal from agenda request to authorize scheduling and advertising a public hearing to consider adoption of an ordinance amending Chapter 270, Part 4, Article III, Section 270.226, Seminole County Code (Reclaimed Water).

 

Fiscal Services

Business Office

32.  Approve and authorize the Chairman to execute a renewal Grant Agreement, as shown on page _______, with the U.S. Department of Housing and Urban Development for the Shelter Plus Care Program.

33.  Approve and authorize the Chairman to execute two Grant Agreement Modifications, as shown on page _______, with the U.S. Department of Energy in acceptance of the remaining $2,675,100 allocation through their Energy Efficiency and Conservation Block Grant. 

34.  Authorization to continue participation in the Florida Department of Law Enforcement’s Edward Byrne Memorial Justice Assistance Grant program; authorize the Chairman to execute the Certificate of Participation, as shown on page _______, naming Michele Saunders as the Coordinator for the countywide application(s); and authorize the Chairman to execute any supporting documentation as may be required for the application(s).

Budget Division

35.  Approve & authorize the Chairman to execute appropriate Resolution #2010-R-116, as shown on page _______, implementing Budget Amendment Request #10-68 through the Natural Lands Endowment Fund in the amount of $39,882 to allocate the remaining Econ Restoration Area project closeout funds to Natural Lands Reserves. 

36.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-117, as shown on page ________, implementing Budget Amendment Request #10-69 through the Neighborhood Stabilization Grant Project Fund in the amount of $200,007 to increase funding for the Neighborhood Stabilization Grant Program.

37.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-118, as shown on page _______, implementing Budget Amendment Request #10-70 from the Water & Sewer Bonds, Series 2006 Fund in the amount of $814,400 to increase funds for capital projects. 

38.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-119, as shown on page _______, implementing Budget Amendment Request #10-72 through the ARRA-Energy Efficiency and Conservation Grant Fund in the amount of $1,592,566 to increase funding for the ARRA-Energy Efficiency and Conservation Grant.  

39.  Approve and authorize the Chairman to execute appropriate Resolution #2010-R-120, as shown on page _______, implementing Budget Amendment Request #10-73 through the Water & Sewer Operating Fund in the amount of $116,015 to reduce carryforward funding from FY 2008/09 for the capitalization of engineering costs for the Meter Replacement project. 

40.  Approve and authorize the Chairman to execute a Budget Change Request #10-04 through the Stormwater Fund in the amount of $8,225, to provide funding for the replacement of a Capital Equipment item. 

41.  Approve and authorize the Chairman to execute a Budget Change Request #10-14 through the 2001 Infrastructure Sales Tax Fund in the amount of $350,000, to provide funding for the reconstruction of Celery Avenue.

MSBU

42.  Scheduling and advertising public hearing for the proposed Non-Ad Valorem Assessment Roll.

43.  Adoption of appropriate Resolution #2010-R-121, as shown on page _______, establishing 2010 Non-Ad Valorem Assessment rates for each MSBU for which the annual assessment rate varies per operating cost. 

 

Growth Management

44.  Approve and authorize the Chairman to execute a First Amendment to the Seminole County/UCF Technology Accelerator Partnership Agreement (UCF), as shown on page _______; and adopt appropriate Resolution #2010-R-122, as shown on page _______, implementing Budget Amendment Request #10-74 through the Economic Development Fund in the amount of $160,000. 

Planning & Development Division

45.  Authorize the release of the Private Road Maintenance Bond #08836076 in the amount of $107,065.50 for the Stratford Green Townhomes subdivision. 

46.  Authorize the release of Performance Bond #5033167 for Banyan Pointe Subdivision for Aston Orlando Residential, LLC, in the amount of $25,782. 

 

Public Safety

Business Office

47.  Adoption of appropriate Resolution #2010-R-123, as shown on page _______, naming an unnamed right-of-way Bungalow Boulevard. 

 

Public Works

48.  Approve and authorize the release of a Right-of-Way Utilization Permit Performance Bond #70826228 in the amount of $49,500 submitted for improvements to Upsala Road in conjunction with the Reel Tyme Marketing Services, Inc. Project. 

49.  Approve and authorize the release of a Right-of-Way Utilization Permit Performance Bond #3338868 in the amount of $63,000 submitted for improvements to Martin Luther King Jr. Boulevard in conjunction with the Sanford Auto Dealers Exchange Project.  

50.  Approve and authorize the release of a Right-of-Way Utilization Permit Maintenance Bond #024-028-500 in the amount of $1,110.45 submitted for improvements to Dalton Drive in conjunction with the Alafaya Trail Townhomes (a/k/a Arborview Park) Project. 

51.  Adoption of appropriate Resolution #2010-R-124, as shown on page _______, and authorize the Chairman to execute a Transportation Regional Incentive Program Agreement, as shown on page _______, with the State of Florida Department of Transportation for the addition of a Flyover to Red Bug Lake Road, widening from 6 to 8 lanes on SR 436 and resurfacing of SR 436/Semoran Blvd. 

52.  Adoption of appropriate Resolution #2010-R-125, as shown on page ________, accepting a Trail Easement, as shown on page ________, from Hubbard Construction Company (successor by merger to Orlando Paving Co.) for property needed in conjunction with the Cross Seminole Trail. 

Roads – Stormwater Division

53.  Approve and authorize the Chairman to execute a Mitigation Reservation Purchase Agreement (MRPA), as shown on page _______, for the purchase of wetland mitigation units by Seminole County in conjunction with the Ronald Reagan Boulevard (CR 427 Phase VI) Road Improvement Project from Schrimsher, Inc., owner of the Lake Jesup Mitigation Area. 

 

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

CONSTITUTIONAL OFFICIERS’ CONSENT AGENDA

CLERK’S REPORT

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve and authorize Expenditure Approval Lists, as shown on page _______, dated April 26, May 3, 10 & 17, 2010; Payroll Approval Lists, as shown on page _______, dated April 29 & May 13, 2010; and approval of BCC Official Minutes dated April 27, 2010. 

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

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     The Board noted, for information only, the following Clerk’s “received & filed”:  

 1.  Work Order #10, as shown on page _______, for PS-2468-07.

 

 2.  Development Orders, as shown on page _______, for the following:  Aloma Walk Commercial Venture, LLC; Michael Herringshaw; Juan Hofle; Brad Gustafson; Ari and Deborah Tinkoff; and Stephen and Barbara Kleiber.

 

 3.  Amendment #2, as shown on page _______, to Work Order #51 for PS-5120-02.

 

 4.  Work Order #10, as shown on page _______, to PS-2564-07.

 

 5.  Work Order #11, as shown on page _______, to PS-2564-07.

 

 6.  Work Order #38, as shown on page _______, to CC-1284-06.

 

 7.  Closeout, as shown on page _______, of CC-4399-09.

 

 8.  Sheriff’s Proposed Budget for FY 2010/11, as shown on page _______.

 

 9.  First Amendment, as shown on page _______, to IFB-3118-05, Term Contract for Pressure Washer Services at Water and Wastewater Facilities.

 

10.  Letter from Florida Public Service Commission regarding Joint Petition of Progress Energy Florida and Withlacoochee River Electric.

 

11.  Letter from Florida Public Service Commission regarding revisions to tariff by Florida Power and Light.

 

12.  E-Mail w/three attachments from Bruce McMenemy regarding Engineering Budget Correction DFS 10-27.

 

13.  Change Order #1, as shown on page _______, to Work Order #34 to CC-1284-06.

 

14.  Change Order #4, as shown on page _______, to CC-4270-09.

 

15.  Work Order #36, as shown on page _______, to CC-1284-06.

 

16.  Closeout, as shown on page _______, to CC-3519-08.

 

17.  Amendment #1, as shown on page _______, to Work Order #11 to PS-1501-06.

 

18.  Amendment #1, as shown on page _______, to Work Order #17 to CC-2190-07.

 

19.  Maintenance Bond, as shown on page _______, in the amount of $500,000.00 for Reel Tyme Parking ROW.

 

20.  Change Order #4, as shown on page _______, to Work Order #39 to CC-1075-06.

 

21.  Work Order #6, as shown on page _______, to PS-4388-09.

 

22.  Work Order #4, as shown on page _______, to PS-4388-09.

 

23.  Amendment #1, as shown on page _______, to Work Order #6 to PS-5181-05.

 

24.  Amendment #1, as shown on page _______, to Work order #2 to PS-3914-08.

 

25.  Work Order #16, as shown on page _______, to CC-2184-07.

 

26.  Work Order #17, as shown on page _______, to CC-2184-07.

 

27.  Work Order #14, as shown on page _______, to CC-2184-07.

 

28.  Amendment #1, as shown on page _______, to Work Order #71 to RFP-4214-04.

 

29.  Work Order #7, as shown on page _______, to PS-4388-09.

 

30.  Change Order #2, as shown on page _______, to CC-4623-09.

 

31.  Work Order #44, as shown on page _______, to CC-1741-07.

 

32.  Work Order #45, as shown on page _______, to CC-1741-07.

 

33.  Work Order #46, as shown on page _______, to CC-1741-07.

 

34.  Change Order #3, as shown on page _______, to CC-4923-09.

 

35.  Amendment #1, as shown on page _______, to Work Order #119 to PS-5165-04.

 

36.  Amendment #1, as shown on page _______, to Work Order #120 to PS-5165-04.

 

37.  Work Order #46, as shown on page _______, to CC-1075-06.

 

38.  IFB-600855-10 Contract, as shown on page _______, Gem Supply Company.

 

39.  IFB-600855-10 Contract, as shown on page _______, Cypress Supply, Inc.

 

40.  IFB-600855-10 Contract, as shown on page _______, Calico Industries, Inc.

 

41.  Work Order #25, as shown on page _______, to PS-5182-05.

 

42.  Amendment #2, as shown on page ________, to Work Order #1 to PS-1666-07.

 

43.  Budget Change Request (BCR), as shown on page _______, in the amount of $130,000.00 executed by Joe Forte for funds to be transferred to Aid to Private Organizations to meet grant close-out date of June 30th.

 

44.  Work Order #5, as shown on page _______, to PS-1666-07.

 

45.  Recorded Restrictive Use Covenant, as shown on page ________, by Center for Affordable Housing, Inc. for 203 Woodmere Boulevard, Sanford.

 

46.  Recorded Restrictive Use Covenant, as shown on page ________, by Center for Affordable House, Inc. for 310 Roosevelt Squire, Oviedo.

 

47.  M-600871-10 Contract, as shown on page _______, Go Travel, Inc.

 

48.  Amendment #5, as shown on page _______, to IFB-600404-08.

 

49.  Second Assignment, as shown on page _______, to IFB-600282-07.

 

50.  Change Order #2, as shown on page _______, to CC-4923-09.

 

51.  Amendment #3, as shown on page ________, to M-437-04.

 

52.  Amendment #1, as shown on page _______, to Work Order #36 to RFP-4277-09.

 

53.  Amendment #2, as shown on page _______, to RFP-0996-06.

 

54.  Change Order #4, as shown on page _______, to CC-4205-09.

 

55.  Work Order #75, as shown on page _______, to PS-1074-06.

 

56.  Change Order #12, as shown on page _______, to CC-2702-07.

 

57.  Amendment VII to Interlocal Agreement, as shown on page _______, between city of Orlando and Seminole County regarding Operation of Iron Bridge Regional Water Reclamation Facility.

 

58.  Amendment #7, as shown on page _______, to RFP-1091-06.

 

59.  Amendment #1, as shown on page _______, to Work Order #3 to RFP-0996-06.

 

60.  Work Order #41, as shown on page _______, to RFP-4277-09.

 

61.  Closeout, as shown on page _______, of CC-3645-08.

 

62.  Work Order #1, as shown on page _______, to PS-4650-09.

 

63.  Closeout, as shown on page _______, of CC-3822-08.

 

64.  Letter of Termination for Convenience, as shown on page _______, for PS-3556-08.

 

65.  Amendment #1, as shown on page _______, to Work Order #110 to PS-5165-04.

 

66.  Work Order #3, as shown on page _______, to PS-4388-09.

 

67.  Amendment #6, as shown on page _______, to RFP-4127-01.

 

68.  Work Order #81, as shown on page _______, to PS-5120-02.

 

69.  Work Order #35, as shown on page _______, to CC-1284-06.

 

70.  Performance Bond, as shown on page _______, for Hidden Creek Reserve Phase One in the amount of 46,000.00.

 

71.  Maintenance Bond, as shown on page _______, for Pace Brantley Hall School in the amount of $16,200.00.

 

72.  Maintenance Bond, as shown on page _______, for Aloma Walk in the amount of $6,810.03.

 

73.  Mortgagee Joinder and Consent to Dedication and Subordination of Security Documents, as shown on page _______, between BSP/Carrigan-Alafaya and CNL Bank.

 

74.  Tennis Pro Agreements, as shown on page _______, for Joanna Babyar and Daniel Colon.

 

75.  Work Order #59, as shown on page _______, to PS-1529-06.

 

76.  Amendment #1, as shown on page _______, to IFB-600769-09.

 

77.  CDBG 2008 Disaster Recovery Program Grant Application, as shown on page _______.

 

78.  Work Order #41, as shown on page _______, to CC-1741-07.

 

79.  Work Order #42, as shown on page _______, to CC-1741-07.

 

80.  Work Order #43, as shown on page _______, to CC-1741-07.

 

81.  Change Order #5, as shown on page _______, to CC-3077-08.

 

82.  Amendment #3, as shown on page _______, to Work Order #1 to PS-3556-08.

 

83.  Closeout, as shown on page _______, to Work Order #25 to CC-1284-06.

 

84.  Closeout, as shown on page _______, to Work Order #24 to CC-1284-06.

 

85.  Work Order #21, as shown on page _______, to CC-2184-07.

 

86.  Work Order #19, as shown on page _______, to CC-2184-07.

 

87.  Work Order #20, as shown on page _______, to CC-2184-07.

 

88.  Work Order #18, as shown on page _______, to CC-2184-07.

 

89.  Amendment #4, as shown on page _______, to RFP-4127-01.

 

90.  Amendment #1, as shown on page ________, to Work Order #13 to RFP-4240-05.

 

91.  Amendment #1, as shown on page _______, to Work Order #14 to RFP-4240-05.

 

92.  Change Order #1, as shown on page _______, to Work Order #6 to CC-3321-08.

 

93.  Amendment #1, as shown on page _______, to Work Order #79 to PS-5120-02.

 

94.  Leisure Services Contracts, as shown on page _______, for Katherine Ayala, Lyndsay Holcomb, Jacqueline Thomas and Louis Villanueva.

 

95.  Recorded Restrictive Use Covenant, as shown on page ________, by Ruby Builders, Inc. for 1025 Spring Garden Court, Altamonte Springs.

 

96.  Recorded Mortgage Deed, as shown on page _______, to Renee M. Keith via the Home Ownership Assistance Program.

 

97.  Recorded Mortgage Deed, as shown on page _______, to Gladys Mitchell via the Home Ownership Reconstruction Assistance Program.

 

98.  IFB-600844-10 Contract, as shown on page _______, Control Technologies of Central Florida and Rainbow Distributors USA, Inc.

 

99.  Amendment #3, as shown on page _______, to M-2924-07.

 

100.  Letter of Understanding, as shown on page _______, between Seminole County and the City of Casselberry for Ambient Environmental Monitoring.

 

101.  Plat Certification Report, as shown on page _______, for Pagel’s Acres Minor Plat.

 

102.  Resolution 2010-R-17, as shown on page _______, to Vacate and Abandon a Right-of-Way for James A. Robertson.

 

103.  Bids for RFQ-600860-10; #600879-10; PS-5438-10; IFB-600859-10; IFB-600869-10; IFB-600872-10; RFQ-600892-10; IFB-600824-10; RFP-600887-10; #600898-10; #600882-10; IFB-600770-10 and RFP-600880-10.

 

104.  Change Order #2 to CC-3631-08.

 

105.  Change Order #1 to CC-4626-09.

 

106.  Work Order #39 to CC-1284-06.

 

107.  Bond Release Closeout to Work Order #17 to RFP-4277-09.

 

REGULAR AGENDA

     County Attorney, Robert McMillan, requested Board direction with regard to the foreclosure sale of a vacant lot located on West 15th Street in Sanford, Timothy D. & Molly Hudson.  He advised the foreclosure sale is scheduled for June 17, 2010.  He recommended the County bid up to $15,000 in order to protect their interest. 

     Motion by Commissioner Henley, seconded by Commissioner Carey to direct the County staff to bid up to $15,000 on the vacant lot located on West 15th Street, Sanford, Timothy D. & Molly Hudson, at the foreclosure sale on June 17, 2010. 

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

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     Building Official Paul Watson addressed the Board to present request to advertise and schedule a public hearing to consider an Ordinance amending Seminole County Code Chapter 40, regarding competency cards.  

Motion by Commissioner Henley, seconded by Commissioner Carey to authorize staff to advertise and schedule a public hearing to consider an 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. 

     Under discussion, Commissioner Van Der Weide stated he still has people going through the proposed ordinance and they may have some questions at the public hearing. 

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

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     Alan Harris, Public Safety/Emergency Management, addressed the Board to present request for approval of a grant agreement with the Florida Division of Emergency Management in the amount of $244,125 through the Flood Mitigation Program for Terry Lunsford, the owner of property located at 2624 Shad Lane in Geneva. 

     Commissioner Henley stated that it appears the County is assuming a tremendous amount of responsibility and he questioned what the liability might be if the property owner defaults on his funding portion. 

     County Attorney McMillan advised the State will look to the County in the event that the recipient does not comply with all the requirements of the grant and could come back to the County for the money. 

     Commissioner Carey stated that the only way for residents to obtain the grant is through the County.  She added that there will be more of these types of requests coming before the Board and she believes they need to have a program of checks and balances in place to deal with them. 

     Commissioner McLean agreed with Commissioner Carey. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to authorize the Chairman to execute Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management, accepting $244,125 through the Flood Mitigation Program for the elevation of Terry Lunsford home located at 2624 Shad Lane in Geneva. 

     Under discussion and upon inquiry by Commissioner Carey, Commissioner McLean advised the motion includes the County generating a document that protects the County with all the necessary checks and balances. 

     Commissioner Henley commented that he is not against this approval, but wants to be very careful. 

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

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     County Engineer, Jerry McCollum, addressed the Board to present the Resolution and Amendment to the Interlocal Funding Agreement for Acquisition and Construction of the Central Florida Commuter Rail System.  He advised FDOT will be paying for the bonds that the County initially was going to have to pay for.  He commended Assistant County Attorney Guy Minter for his hard work on the insurance issue.  He explained the process outlined what would occur should one of the funding partners not pay their share. 

     Commissioner Henley advised the other four funding partners have approved the proposed agreement and Seminole County is the last to do so. 

     Motion by Commissioner Henley, seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-126, as shown on page _______, authorizing execution of the Amendment to the Interlocal Funding Agreement for Acquisition and Construction of the Central Florida Commuter Rail System, as shown on page _______; to authorize the execution of a Second Amendment to the Interlocal Governance Agreement, as shown on page _______; and  consent to execute by the Central Florida Commuter Rail Commission a Third Amendment, as shown on page _______, to the Interlocal Operating Agreement for the operation of the Central Florida Commuter Rail System. 

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

     Commissioner Henley recognized FDOT as an outstanding partner in helping to get this done. 

     District V FDOT Secretary, Noranne Downs, addressed the Board to thank them for their leadership.  She gave a brief update on the process. 

     Chairman Dallari thanked Secretary Downs for all her hard work. 

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     County Engineer, Jerry McCollum, presented the revised Interlocal Agreement between the Orlando-Orange County Expressway Authority, Seminole County and the Seminole County Expressway Authority for consideration.  He stated he is presenting this so that the Board can respond back to OOCEA and not for the purpose of having the Chairman execute it at this point.  He said one of the key issues is membership and he referred to page 17 of the agreement, where he has changed the word “should” to “must” be granted a membership; and included the words “actively support” legislation to provide Seminole County with a membership seat and vote on the OOCEA. 

     Commissioner McLean urged the Board to move forward with the membership request so that Seminole County can have a seat at the table. 

     Discussion ensued between the Board and Mr. McMillan with regard to the alignment which has not been set.  The Chairman suggested taking out the section stating that the alignment has been established. 

     Commissioner Carey suggested adding the concern about the alignment on page 4 of the agreement as well.  The Board voiced no objections to same. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to authorize transmitting the revised version of the proposed Interlocal Agreement between the Orlando-Orange County Expressway Authority, Seminole County, and the Seminole County Expressway Authority, as amended, and with all the alternative provisions, amendments and additions that have been made. 

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

COUNTY MANAGER’S BRIEFING

     The Board noted, for information only, the Informational Budget Amendment Status Report FY 2009/10 for the period ending April 30, 2010. 

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     Purchasing Manager, Ray Hooper, addressed the Board to request direction with regard to issuing a RFP for Construction Manager at Risk (CM@R) as a project delivery method for the upgrades of the following Water Treatment Facilities:  Southeast Regional, Country Club, and Lynwood. 

     Commissioner Henley stated he is fine with the revisions, but would like to see the final documents.  Whereupon, Mr. Hooper stated that the final draft will be brought back to the Board for approval. 

     Upon inquiry by Commissioner McLean, Director of Environmental Services Andrew Neff addressed the Board to explain what the CM@R’s role would be versus what CH2MHill would be doing.  He advised there would not be an overlap of service. 

     Commissioner Van Der Weide stated he has no problem as long as there is no overlapping because he does not want to be paying two people for doing the same job. 

     Motion by Commissioner Carey, seconded by Commissioner Henley to direct staff to proceed with the Construction Manager at Risk (CM@R) as the method of project delivery for the upgrades of three water treatment facilities (Southeast Regional, Country Club & Lynwood), as outlined. 

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

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     Director of Central Services Frank Raymond addressed the Board to request direction with regard to the Midway Community Center.  He reviewed the history of the center since the roof collapsed in 2007 rendering the building unusable and unsafe.  He said after review of the possibility of using some part of the old Midway Elementary School for the center, it appears that is not a viable option. 

     Upon inquiry by Commissioner Carey, Mr. Forte advised the school’s septic tank system cannot be used for the center and a sewer line would have to run to the property at an estimated cost of $400,000.  He explained that the volume of the septic is not the issue; but the change of use from a school to the community center. 

     Commissioner Carey stated she would like staff to go back and confirm that the septic tank cannot be used. 

     County Attorney McMillan advised the issue is the septic tank was installed by the School Board who has their own standards and do not have to meet the normal regulations.  Anyone else would have to come into compliance and that means putting in a sewer line. 

     Rev. Emory Blake, 2040 Sipes Avenue, addressed the Board to advise he represents the Midway community.  He expressed appreciation to District Commissioner Carey for her work in the community.  He stated the community has been very patient on this issue with no resolution since 2007.  He said even though there are many great things taking place in Midway, they believe there needs to be a resolution to the community center.  He requested the Board to tell them what they can do in order to resolve this situation.  He added that the old Midway school is an eyesore and they would like something done with it. 

     Commissioner Henley explained that the school property and buildings are still owned by the School Board. 

     Commissioner Carey said that the Sheriff and the community believe that it doesn’t make sense to rebuild the center at the same location.  She stated that if they have to use the insurance money to put in the sewer line, the community would have to pitch in and do clean-up and painting.  She further stated that she would like to explore using CDBG funds for the sewer line and figure out a way to be able to open up a small portion of the school to be used as a community center.  She said she would like for staff to talk to the School Board regarding the additional property adjacent to Safe Harbor so that the community center could possibly be rebuilt there. 

     Upon inquiry by Commissioner Henley, Mr. Forte advised the school property is not feasible for the Health Department. 

     Chairman Dallari directed staff to report back to the Board by the end of July on this issue giving alternatives for consideration. 

     Mr. Raymond asked for direction with regard to settling the insurance claim.

     Motion by Commissioner Carey, seconded by Commissioner McLean to direct staff to settle the insurance claim for the Midway Community Center. 

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

     Mr. Raymond stated he thinks it would be a good idea to take down the condemned building. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to authorize destruction of the condemned Midway Community Center. 

     Under discussion, Mr. Raymond advised the cost of destruction is estimated at $15,000. 

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

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     The Chairman recessed the meeting at 12:00 Noon, 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 Sandy McCann, who was replaced by Deputy Clerk Eva Roach, 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.

PUBLIC HEARINGS

MAJOR AMENDMENT/Heathrow Apartments, LLC

     Proof of publication, as shown on page ________, calling for a public hearing to consider Pure Living at Heathrow PUD (f/k/a Lakeview at Heathrow PUD, f/k/a Colonial Grand at Heathrow Reserve PUD) Major Amendment, located west of the intersection of AAA Drive and Stevens Pass Cove, Heathrow Apartments, LLC, received and filed.

     Brian Walker, Senior Planner, addressed the Board to advise the applicant is requesting a major amendment and rezone to include and incorporate access easements over all utility lines and equipment within the Pure Living at Heathrow PUD.  The existing PUD consists of approximately 28.90 acres with the permitted use of multi-family dwelling units, and the maximum density allowed is 12 units per net buildable acre.  The existing buildings were built with the intent of being townhomes to be separately owned.  The buildings will now be used as rental apartments with one owner over all the buildings.  Platting is not required for single ownership, but establishment of easements is still required.  The principle purpose of the amendment is to comply with the requirements of the Seminole County Land Development Code and establish easements over all utility lines and equipment.  The applicant is requesting an increase in the permitted building height from 35 plus 10% for architectural, cosmetic or decorative amenities to a maximum of 41.5 plus 10% for same.  The Planning and Zoning (P&Z) Commission recommended approval of the request.  Staff also recommends approval of the request. 

     Attorney Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham, Partow, addressed the Board to answer any questions and he asked the Board to approve this application.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve the Pure Living at Heathrow PUD (f/k/a Lakeview at Heathrow PUD, f/k/a Colonial Grand at Heathrow Reserve PUD) Second Amended and Restated Developer’s Commitment Agreement, Major Amendment, Revised Final Master Plan, as shown on page ________, and approval of the Development Order, as shown on page ________, located west of the intersection of AAA Drive and Stevens Pass Cove, as described in the proof of publication, Heathrow Apartments, LLC, based on staff findings.

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

VOLUNTARY BILLBOARD AGREEMENT/

Beech Outdoor Advertising

     Proof of publication, as shown on page ________, calling for a public hearing to consider Voluntary Billboard Agreement for a proposed billboard to be located west of Interstate 4 (I-4), approximately 1.5 miles north of the intersection of E.E. Williamson Road and Interstate 4, Beech Outdoor Advertising, received and filed.

     Brian Walker, Senior Planner, presented the request stating the applicant is requesting that construction of one non-conforming dual-faced billboard be located west of I-4.  The Board previously approved a billboard on July 28, 2009 with conditions and that agreement was never executed.  The applicant now wishes to enter into a new agreement with changes.  One change is the proposed agreement seeks to remove the prohibition against use of the property as a FDOT staging area.  The applicant is proposing to remove four faces in exchange for the construction of one dual-faced billboard on the Zimmer Poster Service property.  The proposed agreement will result in the permanent reduction of one billboard or two faces as the applicant is proposing to remove two existing billboards.  He reviewed the location, land use and zoning classification of the two billboards being removed.  He advised the applicant is proposing a dual-faced steel monopole billboard with an overall height of 35 ft. and two 14 ft. x 48 ft. (672 sq. ft.) faces, with upward lighting, and a 50 ft. setback from I-4 and 10 ft. from the side of the property.  The applicant is also requesting installation of traditional, static or electronic/digital faces.  If installed, there will be a minimum of a six second static display time for each message.  The applicant is proposing to donate additional property to the Florida Department of Transportation (FDOT).  FDOT has completed a preliminary review of the proposed billboard and finds that it meets all FDOT requirements.  The voluntary billboard agreement includes a written waiver and release by the sign owner, the property owner, and any sign lessees to any claim against the County for further compensation or reimbursement regarding removal of specified outdoor advertising signs as required by the Land Development Code.  He added that staff recommends denial of the request.

     At the request of Commissioner Henley, Mr. Walker clarified the reason why staff is opposing this request, stating they object to the removal of the FDOT staging property.

     Attorney Jason Searle, Gray Robinson, addressed the Board to state what he is proposing to do is enhance the landscaping buffers that they agreed to protect.  He said he has agreed to move forward with this agreement, after FDOT permitting, within the next 60 days.  He added he would like to modify the outright prohibition and restrict the FDOT use of the property for only a 6-year period.  FDOT doesn’t believe the property would be needed for staging purposes for a period beyond three or four years.  The FDOT expansion is in the works now.  He stated at this point, he is hoping to maintain the approval that the Board gave them last July with this slight modification, and allow them to proceed with FDOT and with the agreed upon concessions that staff mentioned.

     Robert McMillan, County Attorney, left the meeting at this time.

     At the request of Commissioner McLean, Attorney Searle explained what staging activities will be going on.  He stated in July, he had proposed an initial peripheral buffer along the north and west boundary lines.  They lifted a couple of modifications and had previously added an additional semicircle around the sign.  He stated in their conversation with FDOT, that semicircle could pose a problem for staging so they extended and pushed the buffer to the outlining perimeter.

     Commissioner Carey stated she spent a lot of time talking to George Lovett and they determined that it wouldn’t be suitable for a pond.  One of the issues that FDOT is facing is there is not a lot of room along I-4 now.

     Mr. McMillan reentered the meeting at this time.

     Commissioner Carey stated once that was completed, then DOT would be willing to accept it as permanent open space and a green space along I-4.  That prompted them to come back and amend the original agreement.  After the six years is up, it has to go back to being an undisturbed area.

     Commissioner Henley stated he also met with Mr. Lovett and he feels it is an appropriate thing to do and they can make use of it.  He said he would not want them to use the rest area for their staging area because trucks already park along that road. 

     At the request of Commissioner Henley, Attorney Searle spoke with regard to the issue of lighting impact to the neighborhood. He displayed and reviewed Exhibit C of the agreement outlining the specifications of new signs.

     Barrie Tims, 1865 Crowley Circle, addressed the Board to state she wasn’t able to attend the July meeting; however, after reading the proposal, it seems like this is a done deal.  She stated she doesn’t want this near her back yard.  She added she would like to know what other signs on I-4 are behind residential neighborhoods.  She asked the Board if they want to sleep with a billboard behind their homes.  The other problem she has is a wrought-iron 12 ft. fence coming in and out of her neighborhood and anyone traveling on I-4 will be able to see that gate and traffic will be going through her neighborhood. 

     Commissioner Carey stated there are signs that back up and to residential neighborhoods all along I-4.  She added the wrought-iron fence being referred to is not at the I-4 location, it is at the back side of the property line.  There is a restriction on the number of times that the sign company can maintain it.

     Zane Kalter, 1873 Crowley Circle, addressed the Board to state his property is directly to the north of the Benitez property and he fails to understand how having this sign there cannot impact the residential character of his neighborhood.  He understands that the entire area west of I-4 and east of Markham Woods Road was zoned single-family dwellings on minimum one acre lots.  This will diminish the value of his property.  He fails to understand how putting a billboard on that property that the lighting will not come onto his property.  He added that this compromises the security of his neighborhood and the value of his property.

No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     At the request of Commissioner Carey, a fax from Lloyd & Gwyndell Tweed opposing the billboard request was received and filed.

     Attorney Searle displayed and reviewed a zoning map showing the location of billboards along I-4.  He stated this property is A-1 in nature and there are a number of other ones in that area that back up to residential areas.  He referred to page 5, Section E of the billboard agreement, and stated “Outdoor agrees to access the property for maintenance via a wrought-iron gate to be installed along the western boundary of the property at a width not to exceed 12 ft. wide, and in the event the property owner fails to maintain this property, 12 ft. of the western portion of the property would be removed and replaced with a wrought-iron gate.”  He displayed a photograph (received and filed) of the type of truck that will maintain the site.  Since the notice was posted on the site, a 4 ft. high chain-link fence with wood posts was installed and that would not change.  The only change to the agreement is the construction staging.   He read into the Record what the maintenance of the new sign will entail on page 7, paragraph 6 of the agreement.  He indicated that would not change.

     Attorney Searle informed Commissioner Henley that the dimensions of the property (particularly where the sign will go) is 265 x 875 x 915.  He displayed and reviewed a picture of the property showing the State and County setback regulations.  He displayed and reviewed Exhibit D, Enhance Landscape Buffer, showing the type of trees that will be planted and the height of same.  He displayed photographs (received and filed) showing a view from one of the properties looking back towards I-4 of pre and post landscape buffers.  He stated he feels that any negative effect of any lighting will be mitigated, and this will secure the future use of the property.

     District Commissioner Carey stated there have been a lot of discussions on this, and she feels there is a public purpose for this and that is access for FDOT for the expansion of I-4.

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve Voluntary Billboard Agreement, as shown on page _________, for a proposed billboard to be located west of Interstate 4 (I-4), approximately 1.5 miles north of the intersection of E.E. Williamson Road and Interstate 4, as described in the proof of publication, Beech Outdoor Advertising, as amended.

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

     Mr. McMillan left the meeting at this time.

VACATE AND ABANDON/Robert & Dorthie Rogers

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to vacate and abandon the 15 ft. wide unimproved, unnamed alley lying between Lots 89 through 90, and 7.5 ft. of the unnamed alley lying south of Lots 89 through 90, and the north ½ of a 15.00 ft. alley bounded by the southerly extension of both the east line of Lot 89, and the west line of Lot 90, Bookertown Subdivision, located approximately 200 ft. east of the intersection of Dubois Street and Halsey Avenue, Robert & Dorthie Rogers, received and filed.

     Ian Sikonia, Planner, addressed the Board to state the applicant is requesting the vacate and abandonment to combine the unimproved public right-of-ways with the adjacent properties of Lots 89 and 90.  The applicant currently uses this alley as an access for their driveway and has currently fenced in a portion of the alley.  The adjacent neighbor on Lot 89 is in agreement with the request.  The applicable utility companies have indicated no objections to the proposed vacate.  Staff has no objections to the request as it complies with the requirements for vacating a right-of-way. 

     Mr. McMillan reentered the meeting at this time.

     Arthur Jackson, adjacent property owner, addressed the Board to speak in favor of the request. 

     No one else spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2010-R-127, as shown on page _________, vacating and abandoning the 15 ft. wide unimproved, unnamed alley lying between Lots 89 through 90, and 7.5 ft. of the unnamed alley lying south of Lots 89 through 90, and the north ½ of a 15.00 ft. alley bounded by the southerly extension of both the east line of Lot 89, and the west line of Lot 90, Bookertown Subdivision, located approximately 200 ft. east of the intersection of Dubois Street and Halsey Avenue, as described in the proof of publication, Robert & Dorthie Rogers.

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

CHAIRMAN’S REPORT

     Chairman Dallari stated he would like to thank all of the Census Bureau workers for all their hard work; and, over the past few months, there have been a lot of volunteers out trying to get the census done.  He added that the Board has provided a Certificate of Appreciation to the workers.

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     Chairman Dallari stated the Orange County Expressway Authority contacted him requesting a staff person to be part of the Right-of-way Committee.  He recommended appointing Guy Minter, County Attorney’s office, for same.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to appoint Guy Minter as a staff member to the Orange County Expressway Authority Right-of-way Committee.

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

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     At the request of Chairman Dallari, Alison Stettner, Planning & Development Manager, addressed the Board to give an update on issues relating to developments going through minor plats.  She stated that relating to right-of-way width, there are concerns that they currently have to go through the full platting process and the developers would like some amendments to the Land Development Code to allow them to go through a minor plat rather than a full platting process. 

     Chairman Dallari stated he would like staff to work on this and meet with each Board member to discuss it in detail, and then bring it back at a later date.

     Commissioner Carey stated she knows that staff has been working on amendments to the Land Development Code and she would like to know if this would be a part of that.

     Ms. Stettner advised this could be part of the Land Development Code.

     Mr. Forte stated this will be one of the issues that the new Growth Management Director will look into. 

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter dated May 27, 2010, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: Programming changes coming on July 11, 2010.

 

2.    Letter dated May 13, 2010, from Mayor John Bush, Winter Springs, to Chairman Dallari re: Input of Commission Meeting held on May 10, 2010 regarding citizen concerns of Jetta Point Park. (cc: BCC, County Manager, Growth Management, Leisure Services)

 

3.    Letter (w/attachment) dated May 14, 2010, from Mike McDaniel, Department of Community Affairs, to Chairman Dallari re: Objections, Recommendations and Comments Reports and Review Agency Comments.  (cc: BCC, County Manager)

 

4.    Letter dated May 18, 2010, from Leann King, Lake Harney Water Association, re: Resignation Letter

 

5.    Letter (w/attachment) dated May 20, 2010, from Don Martin, City of Casselberry, to Chairman Dallari re: Annexation of properties: 1750 Sunshadow Drive, 1490 Sunshadow Drive, 1795 Sunshadow Drive and 1450 Sunshadow Drive. (cc: Growth Management)

 

6.    Letter dated May 18, 2010, from Gary Cain, Boys and Girls Club of Central Florida, to Chairman Dallari re: Appreciation for donation for the at-risk youth. (cc: BCC)

 

7.    Notice of Public Meeting (w/attachment) received on May 24, 2010, from Casselberry Board of Adjustment re: variance on Leg Lot 7 Brittany Gardens PB 46 PG 38, being held on Thursday, May 27, 2010. (cc: BCC, County Manager, Growth Management)

 

8.    Notice of Special Meeting received on May 24, 2010, from Sanford CRA to be held on Wednesday, May 19, 2010.  (cc: BCC, County Manager, Growth Management)

 

9.    Letter dated May 24, 2010, from Jacquelyn Dupree, Department of Community Affairs, to Chairman Dallari re: Disaster Recovery Community Development Block Program. (cc: BCC, County Manager)

 

10.    Letter (w/attachment) dated May 25, 2010, from Cynthia Porter, City of Sanford, to Seminole County Board of County Commissioners re: Notice for Ordinance No. 4213. (cc: BCC, County Manager, Growth Management)

 

11.    Letter dated May 25, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Total ad valorem tax levy on the 2009 Seminole County Tax roll for Seminole County Unincorporated Road District. (cc: BCC, County Manager)

 

12.    Letter dated May 25, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Total ad valorem tax levy on the 2009 Seminole County Tax roll for Seminole County Board of County Commissioners. (cc: BCC, County Manager)

 

13.    Letter dated May 25, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Total ad valorem tax levy on the 2009 Seminole County Tax roll for Seminole County/Municipal Fire District. (cc: BCC, County Manager)

 

14.    Letter dated May 28, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Estimated taxable value for Seminole County Board of County Commissioners. (cc: BCC)

 

15.    Letter dated May 28, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Estimated taxable value for Seminole County Unincorporated Road Improvement District. (cc: BCC)

 

16.    Letter dated May 28, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Estimated taxable value for Seminole County/Municipal Fire District. (cc: BCC)

 

17.    Letter dated May 28, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Estimated taxable value for Seminole County Unincorporated Stormwater Management. (cc: BCC)

 

18.    Notice received June 1, 2010, from City of Sanford CRA re: Agenda of meeting to be held on Wednesday, June 2, 2010. (cc: BCC, County Manager, Growth Management)

 

19.    Notice of Public Hearing received on June 1, 2010, to be held on June 3, 2010, from City of Lake Mary re: Vacation of Railroad and Myrtle Avenues. (cc: BCC, County Manager, Growth Management)

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Henley stated he received a copy of the budget request from Lynx and they will be requesting approximately 7% less than they did in 2010.  He stated the request from Seminole County for Lynx services will increase by $307,000 to $308,000 from last year.  In 2012, Lynx is going to be facing some real financial situations as a result of the stimulus money expiring and the County can look for an entirely different scenario in 2012.

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     Motion by Commissioner Henley, seconded by Commissioner Carey to appoint Stuart Newmark to an unexpired term on the Seminole County Tourism Development Council ending January 1, 2014; and adopt appropriate Resolution #2010-R-128, as shown on page ________, of appreciation for Steve Ragsdale for his service on the Seminole County Tourism Development Council.

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

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     Commissioner Carey advised the budget was approved for the East Central Florida Regional Planning Council (ECFRPC) and they will be reducing their 2011 budget.  This will reduce the County’s overall contribution for that agency from $78,000 to $69,675 annually.  She added she feels that all the agencies have gotten the message that everyone is in a tight situation and they need to tighten their belts, so they have worked at reducing their operating expenses.

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     Commissioner Carey advised that Flag Day is June 14 and she hopes everyone will fly their flags.

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     Commissioner Carey advised that June 20 is Father’s Day and she would like to wish everyone a happy Father’s Day.

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     Commissioner Dallari stated an individual in District 1 is in the process of purchasing a home.  The roof was replaced and the permit was pulled under the old code and now the permit has expired.  Staff is asking that the brand new roof be replaced and there is no process to correct this.

     Joe Forte, Acting County Manager, stated the roof is not defective, but the contractor started the roof several years ago (2006).  The contractor pulled the permit and it failed inspection.  The roofer made corrections but did not request a final inspection.  Since then that permit has expired.  The home is up for sale; and pending the closing it was discovered that there is an open permit.  The roof must be inspected under today’s code.  It is not an issue between the property owner and the County but with the contractor and the property owner.

     Mr. McMillan stated this is the first time he has heard of this issue and he would need to review same and report back to the Board.

     Commissioner Cary stated she doesn’t believe that the roofing code has changed that much, and she feels someone should be able to go out there and do what they need to do.

     Mr. Forte stated the Building Division has to abide by the Code.

     Commissioner Carey stated she is sure that Mr. McMillan can get with staff on this and report back to the Board.

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     Commissioner McLean stated he, Commissioners Henley and Van Der Weide participated in the city of Sanford’s Memorial Day event and it went very well. 

     Commissioner Carey commended the City for the tents that they erected as the day was much cooler with the tents up.

     Commissioner Henley stated he was surprised with the number of mothers who lost someone and they recognized them.

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     Commissioner McLean stated the Boys and Girls Club of Central Florida will be doing an event on Thursday, June 17 at the Lake Mary Marriott, and UF Coach Bill Donnevan will be speaking at that event.  He said he would love for everyone out there to support the group.  The price of the tickets is $100. 

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     Commissioner Van Der Weide stated he would like to mention that the Memorial Day parade was well attended and it was much bigger than it has been in the past.  He said the City may be requesting money from the County for this event.

     Commissioner Henley stated the only negative thing he noticed was there were no marching bands in the parade at all and this event could have made a tremendous impression on the young people.  He stated he feels they are missing the boat without having high school bands.  He added he feels having bands would have brought more young people out at the parade.  He said the main reason why there were no bands is because of the financial situation the schools are having, and maybe they should put forth an effort of finding sponsors for the high school bands. 

     Commissioner Van Der Weide stated he is committed to seeing if they can get a band to attend that parade, but they will probably have to go with private sponsors to pay for transportation.  

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     Commissioner Van Der Weide stated he brought up gambling at a previous meeting and the County Manager and County Attorney have met with the Sheriff’s Office regarding same.  He asked that Mr. McMillan give a brief synopsis of where they are on this issue.

     Mr. McMillan stated he, Mr. Forte, Ms. Stettner and Mr. Minter have met with the Sheriff’s office to discuss the general situation on what they could do on that issue.  He stated this is not an isolated issue but there is litigation happening all around the State.  He discussed the litigation issues that are going on, what the city of Jacksonville is considering, and what staff is working on.  He added his office is coordinating a public records response from the allied veterans relating to communications that has occurred between the Board and citizens with regard to complaints.

     Commissioner Carey stated her understanding is the biggest issue is the State hasn’t moved forward in prosecuting these.  She said she spoke to Attorney General Bill McCollum and he indicated that the problem is not in his office, but in the state-wide prosecutor’s office.

     Mr. McMillan stated some discussions have taken place between law enforcement groups and are continuing to take place.

     Commissioner Van Der Weide stated he spoke to Attorney Rick Nelson and he feels they need to give staff board-base direction so that until they can focus on exactly what their course of action should be, they can have a free hand in pursuing those issues.

     Commissioner Carey stated this is being discussed on a national basis and they should look at other states to see what they have done.

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     Chairman Dallari recessed the meeting at 2:30 p.m., reconvening it at 2:45 p.m., with Commissioner Van Der Weide entering late. 

COUNTY MANAGER’S REPORT

     Motion by Commissioner Carey, seconded by Commissioner McLean to authorize the Chairman to execute Contract #FWC09244, as shown on page ________, with the Florida Fish and Wildlife Conservation Commission for the Lake Jesup Revegetation Project.

     Districts 1, 2, 4 and 5 voted AYE.

     A letter from Carrol Herndon, Administrative Assistant, Florida Fish and Wildlife Commission regarding same was received and filed.

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     Mr. Forte asked the Board if they would like to move the September 14, 2010 BCC meeting to September 15, 2010.  Chairman Dallari recommended that they take this up at the next Board meeting.

COUNTY ATTORNEY’S REPORT

     No Report.

ITEMS FOR FUTURE AGENDA

     John Casselberry addressed the Board to state he attended a lot of the Transportation meetings throughout Central Florida and there seems to be many projects competing for the same transportation dollars.  He recommended the Board enter into a contract with the Orange County Expressway Authority and decide a road route at the same time.  He said he feels that there are a lot of different routes they could pick and they wouldn’t want to encourage real estate speculation too soon.  He added he feels that the Board should consider a for-profit engagement of some kind.

     Commissioner Henley stated the Board will not enter into a contract with them until this Board passes a motion approving what route it will be. 

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     Patricia Kinsey, 138 Peregrine Ct., addressed the Board to state she lives 100 yards from the proposed Jetta Point athletic complex, which will be opened 7 days a week from 10:00 p.m. or 10:30 p.m.  She spoke with regard to the noise, the four proposed fields being 100 ft. from her bedroom, and the quiet lifestyle that she and her husband are seeking.

     Paul Huston, 170 Nandina Terrace, addressed the Board to speak to what a company could do if they want to be a part of a revenue enhancement for a potential commercial property.  He added he would like to know if there is a 5-year plan or if any kind of cash flow projections is in place.  The majority of the residents is asking that the Board withdraw their application for Jetta Point Park.

     Joseph Roberts, 166 Nandina Terrace, addressed the Board to speak in opposition to the proposed plans of Jetta Point Park.  He referred to the letter from Paul Huston and stated it indicates a lot of sound reasons why this project should go back to the drawing board.  He said he has witnessed a lot of growth in this area since 1997.  He added the noise from the drums from Oviedo High School to the left and Winter Springs High School to the right really travels and the sound and lights from Jetta Point will not be good for the neighborhood.  Jetta Point Park will be an encroachment with their lifestyles.

     Maureen Smith, 130 Peregrine Ct., addressed the Board to state she is in strong opposition to the Jetta Point Park as the park backs up to her property.  An informal meeting was held in 2006 and the neighbors were led to believe that there would be two other meetings on this and that did not happen.  Another informal meeting was held this year and they found out that a sports complex would be constructed there.  The Planning & Zoning (P&Z) Commission approved this complex despite the residents’ opposition.  She said she feels this park will jeopardize the safety and security of their gated community. 

     Janet Altenhoff, 104 Redtail Place, addressed the Board to state the scheduled time of this meeting makes it difficult for concerned citizens to attend.  She asked that Chairman Dallari and District Commissioner McLean meet with the citizens at a more convenient time for the working citizens.  She stated the proposed sports complex would be detrimental to the community in a number of ways.  This park will bring more facilities to add to the congestion in the area and it should be relocated elsewhere.

     Commissioner Van Der Weide entered the meeting at this time.

     Jay Clay, 144 Peregrine Ct., addressed the Board to state he would like to know what the long-term maintenance cost will be and where will the money come from.  He said he would like to know if the County has written commitments from people renting this complex out.  He discussed the issue of light pollution and what kind of infrastructure will be added to support this project. 

     Carol Koza, 121 Goshawk Terrace, addressed the Board to speak in opposition.  She stated when they moved to Orlando from Michigan, several people told them to move to Tuskawilla and that is where they have spent 13 years of peace and tranquility and that will be changed forever if this park is implemented.  The noise of the fans and expected crowds will be overwhelming and it will be hard for the families in the area to sleep at night.  The residents are not made aware of the enormity of this complex.  She asked the Board to put themselves in her position and locate this complex away from the residential neighborhood.

     Don Morrison, 680 Sirenact Dr., addressed the Board to point out that if the softball complex is built the bald eagles around this development will be eliminated.  He referred to a report done by Dr. Crompton from Texas A&M and read a portion of that article (not received and filed).  He stated the report is based on some misstatements, some half truths, and some facts which have been unfairly replied.  He asked the Board to do the right thing and what is good for Florida’s Natural Choice by killing this park.

     Speaker Request and Written Comment Forms were received and filed.

     At the request of Chairman Dallari, Ms. Stettner advised staff is waiting for the city of Winter Springs to schedule the appropriate public hearings, based on the submittal of a letter sent to the city of Winter Springs by Mr. Forte.  She stated she believes those hearings will be scheduled in July and she will notify the community as soon as she receives that schedule.  A site plan for the Jetta Point Park was received and filed.

     Upon inquiry by Chairman Dallari, Ms. Stettner advised a developer’s commitment agreement is being drafted by the City’s attorney.  There are some land use change issues, aesthetic review and final site plan approval that is required by the City.  She stated it will come to the Board after the three public hearings with the City.

     Commissioner Henley stated there have been several public meetings on this topic.  He explained the difference between a public meeting and public hearing.  He pointed out that there hasn’t been any effort to try to hide anything.  He suggested that they try to schedule a meeting with the citizens to discuss this issue as there is a lot of misinformation out there.  He added that Seminole County is deficient in recreational fields for the young people and this is not being designed for league play. 

     Commissioner McLean stated the Board is attempting to give citizens every bit of information they have so that they are all at the same level of competence.  He stated he wants to be consistent in their response to the citizens.

     Commissioner Carey stated there are a lot of soccer fields and tennis courts in her district.  She stated she also feels that there has been a lot of misinformation out there.  She said she would like to know if this property was purchased by natural lands money, and if Winter Springs denies the land use will it be a moot point.

     Mr. McMillan stated it is a moot point if the Board decides to accept the denial. 

     Chairman Dallari stated the original purchase of this property was through grant money.    Commissioner Carey requested verification of this.  Discussion ensued.

     Chairman Dallari stated he is planning to work with the County Manager to set up a work session to discuss the issues with the city of Winter Springs and the citizens being notified. 

     Upon inquiry by Commissioner Carey, Chairman Dallari advised that this will be a joint work session between the community and the Board, and there will be public input at various locations.  The Board voiced no objections.

     Commissioner Henley stated almost every facility for high schools in Seminole County is near residential neighborhoods and it has worked out in those places. 

     Chairman Dallari clarified that there will be no formal motions at the work session.  The first official action will be taken by the city of Winter Springs after their three public hearings, then, it will come to the BCC as a public hearing for formal action.

     Upon inquiry by Commissioner Carey, Ms. Stettner advised the first public hearing for the city is for the site plan and developer’s agreement.  The next city hearing will be for the transmittal for Planning & Zoning, and the last one will be for the BCC transmittal of the Large Scale Amendment.  All of those will require public input.  

     Jay Clay informed the Board that the website only shows a picture of a small child in a grassy, green field.

     Ms. Altenhoff pointed out that everything sent to them indicates that this complex is scheduled 7 days a week, from 8:00 a.m. to 10:00 p.m., not allowing for overtime, cleanup, lights, noise, traffic, crime and congestion.

     Commissioner Henley stated that is for when the park is opened and for necessary scheduled activities.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:31 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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