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“Artist of the Year 2010” has been withdrawn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.
-------
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.
-------
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.
-------
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.
-------
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
slm/er