BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JUNE 9, 2009
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:35 a.m., on Tuesday, June 9, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Bob Dallari (District 1)
Vice Chairman Mike McLean (District 2)
Commissioner Dick Van Der Weide (District
3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
County Manager Cindy Coto
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Pastor
Billy Dye, Pinecrest Baptist Church, Sanford, gave the Invocation.
Commissioner
Henley led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Carey,
seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-94, as
shown on page _______, proclaiming June 15, 2009 as “World Elder Abuse
Awareness Day” in Seminole County, and all citizens are urged to build safer
communities for our elder residents.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Board
presented the Resolution to Karen van Caulio who addressed the Board to express
her appreciation for adopting this resolution today. She reviewed some recent statistics received
from DCF relating to elder abuse. She
said she hopes that through this resolution they can raise the awareness of
this issue and work together in protecting their seniors.
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Robert
McMillan, County Attorney, left the meeting at this time.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt
appropriate Resolution #2009-R-95, as shown on page ________, recognizing
Commissioner Henley for his dedication to community services.
Mr. McMillan reentered the
meeting at this time.
Dede Schaffner, Seminole County
School Board, addressed the Board to present a commemorative book to
Commissioner Henley containing letters from residents who have supported him
and those he has supported. She stated
she feels that Commissioner Henley is truly a leadership legend in this county
and she would like to thank him for all he has done.
Commissioner Henley addressed
the Board to state he has been recently roasted and now toasted so he guesses
he is supposed to fade into the sunset.
He said he has been blessed and recognized down through the years on
many, many occasions and on every occasion he has felt unworthy. He stated he has been fortunate to be able to
have the assistance of those individuals who have the knowledge and skills of
making a vision become a reality. He
stated he would like to thank the Board and the Leadership Group for this tremendous
recognition.
Districts 1, 2, 3, 4 and 5
voted AYE.
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Imogene Yarborough addressed
the Board to state when she was in school they took the good teachers and were placed
in the school office. When Commissioner
Henley wanted to leave the School Board to become a commissioner, her husband told
her that he was going into higher places where he could do well. She stated this Board is so generous in giving
out certificates for good deeds done so it is time for them to receive one. She said she is speaking on behalf of the
American Cancer Society Relay for Life and she has a certificate to be
presented to the Board commending them for their generous support in the fight
against cancer. From the monies
generated from two counties, the Cancer Society was able to give out 11
scholarships to cancer patients, and to send 32 youngsters to Bogey Creek to
camp. The money that is raised on these
relays stay in this area. She presented
the certificate to the Board and she informed them that she will give them a
T-shirt at a later date.
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Dede Schaffner, Chairman, Seminole
County School Board, addressed the Board to display a PowerPoint presentation (received
and filed) relating to the Seminole County Youth Commission 2009 Report. She began her presentation by reviewing the
Youth Commission background, vision and mission. She stated the Board members are a group of
people who came together to represent their community. She reviewed slides relating to What If all
Seminole County youth did say “no” to drugs and alcohol; What If Seminole County
youth felt positive about their body image and led healthier lifestyles; What
If all Seminole County youth knew how to deal with conflict and resolve it in a
peaceful manner; and What If all Seminole County youth knew how to cope with
depression and where to go for help. She
stated they asked themselves what they can do to make a better community for
the youth. A survey was done to identify
the four issues the youth felt are the most important things in Seminole
County. She reviewed the four top issues. A youth summit was held as well and they came
up with some solutions. Four working
committees comprised of community leaders and student leaders were
established. She displayed pictures of
the Youth Summit that was held at the Marriott.
Kim van Caulio displayed and
reviewed the 2009 Seminole County Youth Survey Results and the Top Issues
Identified. She reviewed slides showing
statistics of the critical issues relating to Alcohol Use; Drug Abuse; Body
Image; Conflict Resolution and Depression.
She stated the results of the survey helped them come up with action
strategies of the critical issues and she reviewed same (pages 18 thru
22).
Ms. Schaffner continued the
presentation by reviewing the Next Steps as outlined on page 23. She stated there is a lot to be done within
the community to help them reach the action steps the students have identified.
Upon inquiry by Commissioner
Henley, Ms. Schaffner advised they are in the process of compiling all the
resources on the website. She stated they
have talked about linking this with the County’s website as well as the School
Board’s.
Upon inquiry by Commissioner
Carey, Ms. Schaffner advised unfortunately childhood obesity is not necessarily
caused by not having physical education at school but by going through the
drive-thru.
Commissioner Carey stated if
physical education at schools is a national problem, they may need to go back
to the State Legislator to look at that program again as she feels it is an
important part of team building.
Commissioner McLean stated he
attended the last summit and it was very impressive in watching the youth being
engaged in the process. He stated the health
component of this is so important to be able to give the young people proper
choices of being able to establish habits they can keep throughout the rest of
their lives.
Ms. Shaffner stated the Youth
Commission has met with the food service people in Seminole County Schools and
the one thing they asked for was healthier lunches.
Commissioner Van Der Weide
stated he feels the most important thing is the caliber of volunteers working
on these initiatives throughout the County and the public needs to know that.
Chairman Dallari recommended putting
some of the programs on SGTV. He stated
the County has an outstanding Extension Services group that gives evening
classes on how to shop for groceries and health issues. He stated that can be brought to the schools
as well as contacting the 4-H groups.
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Bobby Brantley, Shutts and Bowen,
addressed the Board to brief the Board on Legislative issues. He stated SB 1212, SunRail, was not
successful this year but the effort was incredible. People from Jacksonville, Tampa, Orlando, Orange
County, Seminole County, Lynx, Polk County, CSX, Volusia County, and Osceola
County were all involved in getting this passed. Senator Constantine did everything that could
be done and he was the engineer that was driving the train. Immediately following the sine die of the
session, the South Florida Legislative Delegation came back to FDOT needing
money to bail out tri-rail. Included in SB 1212 was the rental car surcharge
and that was put-in specifically for south Florida. He stated SB 360, Growth Management, is
probably one of the most controversial bills.
The Governor signed the bill last Monday and technically it is law as of
that day. The Department of Community
Affairs has to develop a list of all the areas in the State that meets the definition
of dense urban land areas. The list will
probably be available July 1. He said
septic tanks were a major issue and he would like to thank Senator Baker,
Representative Dorworth and Representative Hayes for their work on this. The Dept. of Health was working with him as well. He added he would like to thank the citizens
from Seminole County for attending a workshop on this topic. An impressive group of people attended that
workshop and they gave some very good testimony that was later used to debate
this issue. He stated SB and HB 1205, Charter
County Transportation System Surtax, allows the County to levy a 1% sales tax after
a countywide vote that would pay for transportation projects. The sales tax would generate approximately
$54 million for the County and it is available if the County wants to do it.
Commissioner Henley stated he
doesn’t understand why the Legislature would require the cities to extend intergovernmental
planning with Orange County (SB 360).
Whereupon, Mr. Brantley informed him that should be Seminole County and
not Orange County.
Commissioner Carey stated the
septic tank issue is over for this year but will be back next year. The citizens are very concerned about this
and have banded together in fighting this.
Upon inquiry by Commissioner
Carey, Mr. Brantley advised he understands that everything (SunRail issue,
etc.) is going to be carried forward.
Chairman Dallari stated
Commissioner Henley has been working diligently on a dedicated funding source.
Upon inquiry by Commissioner
Van Der Weide, Mr. Brantley advised he is not aware of any new movement for
campaign financing relating to the new sales tax. Discussion ensued.
Mr. McMillan stated the purpose
of the bill was to overturn the Supreme Court decision which says they can
advertise in favor or oppose an item.
This Board, as a policy, would not do that and it would only provide factual
informational brochures. If someone
wants to challenge it, they can do that.
It creates more litigation possibilities.
Commissioner Henley stated it
doesn’t prevent the Board from taking a position.
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Mr. McMillan left the meeting
at this time.
Kathy Gonot, President, PMG
Associates, Inc., addressed the Board to present the results of the Citizens’
Survey. She displayed a PowerPoint
Presentation (received and filed) and reviewed the background of her firm. She began by reviewing the Purpose and
Process of the Survey.
Mr. McMillan reentered the
meeting at this time.
Ms. Gonot continued by
reviewing the Survey Instrument; Results; General Services (Residential);
Public Safety (Residential); Open Space & Recreation (Residential); Public
Works (Residential); Findings for Residential; General Services for Business;
Public Safety (Business); Open Space and Recreation (Business); Public Works
(Business); Findings for Business; and Overall Findings.
At the request of Commissioner
McLean, Ms. Gonot explained the comparison of the residential survey, how that
compares to some of their peer groups, and how the ranking numbers compare to other
communities.
Chairman Dallari stated he
didn’t see any comments referencing the budget and the value of service.
Ms. Gonot stated they felt that
asking the residents to put a dollar or value amount on parks would be unfair. She stated the thing to ask them was how
important was it for a person to use it.
Chairman Dallari stated he
feels the important thing to ask them is if they feel they are getting the
right value for the tax revenue they are spending on it. Ms. Gonot stated that is another question
that could be asked.
Commissioner Carey stated she
knows when the question was asked if they were willing to pay higher taxes to
support the libraries, only 6% of the people said yes. She stated libraries ranked among the highest
service that the citizen use and wanted to continue to see. She said the decision to close the libraries
is something that they may want to reconsider as a result of hearing the
services. She stated with regard to
Juvenile Services, it is important to keep those services when you need
them. She added Seminole County
government is not the only government entity that sends information to the
citizens. It’s important to note that
communications ranked 9th by the citizens and last by the
businesses.
Commissioner Henley stated the
questions under communication dealt mostly with materials. He said he feels a lot of the people get
their information from SGTV. He added he
feels the County needs to reduce the amount of materials they are paying to
mail out and look for other avenues without spending dollars under the circumstance
they find themselves with the budget.
Commissioner Carey stated with
regard to the communication issue, most people know that everyone has a web
site, and the County talked about making their web site more user friendly and
that has been put on hold. Most people
want to get on the web site to seek more information.
At the request of Chairman
Dallari, Ms. Gonot explained how PMG differentiate the difference between city parks
and County parks.
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Chairman Dallari recessed the
meeting at 10:45 a.m., reconvening it at 10:50 a.m., with Commissioner Van Der
Weide entering late.
COUNTY
MANAGER’S CONSENT AGENDA
Cindy Coto, County Manager,
addressed the Board to advise staff is recommending that Item #12, Approve
Amendment #4 to RFP-600244-07, and Item #43, Approve BCR #09-12, $13,000, be
pulled and brought back at the June 23, 2009 meeting. She stated the Board continued Item #66,
Voluntary Billboard Agreement, from the May 12, 2009 meeting to today’s
meeting, and the applicant is now requesting that this item be continued to
June 23, 2009. There is only a morning
meeting for June 23 and the next afternoon meeting is July 28, 2009.
Commissioner Carey stated the legal
representative for the applicant did call before lunch yesterday to request the
continuance, and they are aware that this item will be held at the July 28
meeting.
Chairman Dallari stated the
Board will have to make a motion this afternoon to continue this item.
Commissioner McLean
congratulated Joseph Schmidt, Jr. for his appointment (Item #21) to the Board
of Directors of the Local Health Council of East Central Florida, Inc. He also complimented the Friends of the
Library for their efforts in providing summer reading programs to the
libraries.
Commissioner Van Der Weide entered
the meeting at this time.
Commissioner Henley stated it
seems the County doesn’t have many engineering firms in this County that they
do business with. He said he would like staff
to do an analysis to see how much business is given to local firms.
Commissioner Carey stated most
of the counties in central Florida look at Seminole, Orange and Osceola as
local. A lot of firms in Seminole County
do a lot of work in Orange and Osceola County.
She stated she would like the Board to be careful that they do not do
something that would cause them to take the same attitude where Seminole County
firms couldn’t have the competitive edge.
Commissioner Henley stated he
would like to know why Seminole County’s firms do not seem to compete better.
Commissioner Carey stated Item #18
is requesting a work order to repair the gravity wall along the sidewalk on Markham
Woods Road. She stated her concern is
obviously this was not designed properly and she wants to make sure that the
County is going back to consultants and contractors to fix this problem. She would like to be kept abreast when this
is going to be done. She said she feels it
is not the County’s responsibility to pay for this twice.
Gary Johnson, Public Works
Director, addressed the Board to state as the repair proceeds, staff will be gathering
data to see how it was put together in the initial construction that will be
useful in determining where that responsibility lies.
Commissioner Henley stated there
have been a lot of issues of similar type in other parts of the County and it
seems they cannot seem to solve that problem.
He said he would like to know where the slipup came about.
Commissioner Carey stated if it
was properly designed and built, it shouldn’t have been failing.
Commissioner Henley stated
regarding Item #26, Approve Agreement with Altamonte Baseball Club, he wants
the Board to know of the change that is gradually taking place. He added he doesn’t know if the Board wants
to revisit and establish an official cap in view of the fact that they are
trying to use resources for bonding purposes to build out Jetta Point. The Board needs to be more sensitive as to how
much they need to give out. He stated he
doesn’t think the Board needs to be doling out money to any group for them to
have a big profit based upon what the County gives out.
Chairman Dallari stated he
would agree as well as putting in tighter constraints, goals and objectives so
they can focus on what that return should be.
Commissioner Henley stated he
feels they should reduce the amounts if they do not meet their stated hotel
usage. The Board may want to review the
policies and any other changes.
Ms. Coto stated staff will look
at that and bring it back to the Board.
Chairman Dallari requested that
Item #34, Approve to submit applications to the U.S. Dept. of Energy, be pulled
for a separate vote.
Motion
by Commissioner Carey, seconded by Commissioner McLean to authorize and approve
the following:
County Manager Office
5. Confirm appointment of Andrew M. Neff as Environmental Services
Director effective July 6, 2009.
Administrative Services
Purchasing
and Contracts
6. Approve an increase to
the Board approved Estimated Annual Usage under RFP-3261-08/RTB - General
Consulting Services for Planning and Development by an additional $250,000.00
per year. In addition, approve Work
Order #5, as shown on page _______, in the amount of $192,359.90 with
Kimley-Horn and Associates, Inc. of Orlando, Florida.
7. Award CC-4270-09/VFT, as shown on page _______, Loch Arbor
Subdivision Wall/CR 46A Privacy Walls, in the amount of $174,000.00 to Seminole
Masonry, Inc. of Oviedo, Florida.
8. Award CC-4328-09/JVP, as shown on page _______, Construction
Contract for E. Lake Mary Blvd. Signing (Phase I) in the amount of $213,267.00
to The New Florida Industrial Electric, Inc., of Altamonte Springs, Florida,
for all labor, materials, equipment, transportation, coordination and
incidentals necessary for the installation of two (2) overhead truss cantilever
signs (lighted) and four (4) multi post signs at four different locations along
E. Lake Mary Blvd.
9. Award CC-4399-09/DRR, as shown on page _______, Markham Woods Road
Potable and Reclaimed Water Main Extension in the amount of $480,144.40 to
Central Florida Environmental Corp., Winter Springs, Florida.
10. Award RFP-600605-09/BJC, as shown on page _______, Insurance Brokerage Services to Arthur J.
Gallagher Risk Management Services, Inc., Orlando.
11. Award RFP-600616-09/BJC,
as shown on page _______, Cleaning and Inspection Services for Pre-Stressed Concrete
Tanks and Pressure Vessels to Extech, LLC, Deep River, CT (Estimated Usage
$150,000.00 for 5-year period).
12. Pulled from the agenda
request to approve Amendment #4 to RFP-600244-07/GGM – Lease/Purchase of
Computer Equipment and/or Technical Staffing Services to ESQ IT Solutions,
Orlando (change in agreement terms).
13. Approve Change Order #1, as shown on page _______, to
CC-4192-09/DRR – Expansion of the Landfill Gas Collection System-Phase II in
the amount of $75,000.00 and for an addition of seven (7) calendar days, with
COMANCO Environmental Corporation of Plant City, Florida.
14. Approve Change Order #2, as shown on page _______, to
CC-3519-08/JVP - Midway Regional Stormwater Facility and FDOT Embankment with
Johnson Brothers, of Orlando, Florida, in the amount of $119,208.41.
15. Approve Change Order #5, as shown on page _______, to
CC-2098-07/DRR-Yankee Lake WRF PH I Improvements and Greenwood Lakes WWTF Biosolids
Dewatering Improvements with Florida Design Contractors Inc., of Lake Park,
Florida for an increase of $202,213.00 and six (6) days.
16. Waive the Procurement Process for Release Order (OP 22246) issued
under the IFB-6000160-07/RTB with Guardian Equipment, Inc. and approve this
Release Order retroactively for ratification in accordance with Section 220.16
of the Purchasing Code.
17. Approve ranking and authorize staff to negotiate rates for
PS-3914-08/VFT – Master Agreement for General Environmental Services with
PBS&J of Orlando, Florida; Shaw Environmental & Infrastructure, Inc. of
Winter Garden, Florida; E Sciences, Inc. of Orlando, Florida; and Ardaman &
Associates of Orlando, Florida (Estimated Annual Usage Amount of $800,000.00).
18. Notification of the issuance of Work Order #40, as shown on page
_______, for CC-1075-06/TRJ in the amount of $200,450.00 to Southland
Construction of Apopka, Florida, as an emergency procurement pursuant to
Chapter 220 - Purchasing Code, Sec. 220.41 Emergency procurements.
Support
Services
19. Approve and authorize the Chairman to execute Renewal, as shown on
page _______, to 25th Street (SR 46A) MVI Lease with Ahoy Marine, Inc.
20. Approve and authorize the Chairman to execute the First Amendment
and Second and Final Renewal, as shown on page _______, to Lease Agreement for
State of Florida Department of Law Enforcement Secondary Computer Data Storage
Site.
Community Services
Administration
21. Authorize the Chairman to approve the appointment of Joseph E. Schmidt,
Jr. for a term effective May 1, 2009 to February 8, 2011 to the Board of
Directors of the Local Health Council of East Central Florida, Inc.
Community
Assistance
22. Approve and amend the 2008-2009 One-Year Action Plan to add the
newly-authorized CDBG-R (Community Development Block Grant-Recovery) Program,
and submit such amendment to the U.S. Department of Housing and Urban
Development (HUD) requesting $648,202.00 in American Recovery and Reinvestment
Act (ARRA) funds through the CDBG-R Program; and authorize the County Manager
to execute the amendment on behalf of the Board of County Commissioners.
23. Approve and authorize the Chairman to execute a Resolution #2009-R-96,
as shown on page ________, authorizing the County Manager and the Community
Services Department Director, or her/his designee, to sign and execute written
agreements between the County and selected landlords, and the County and
approved tenants, on the Board of County Commissioners' behalf, for the HOME
Tenant-Based Rental Assistance (TBRA) Program.
24. Approve and authorize the County Attorney’s office to initiate
foreclosure action on abandoned property located at 1705 W 15th Street,
Sanford, Florida 32771.
25. Approve and authorize
the Chairman to execute the Satisfactions, as shown on page ________, of Second
Mortgage for the following households assisted under the County's Home
Ownership Assistance Program or the Emergency Repair Housing Program: Michelle A. Clark; Stephen D. May II and
Melissa A. May; Virgil and Donna Bumgardner; Melissa Dunklin; Katina L. Engram;
Juanita Fort; Susan L. Holt; Dion Jackson and Evonda Pierce; Valerie K. Johnson
a/k/a Valerie G. Johnson; Joan King assumed by Penelope K. Myers; David B.
& Vickie L. Lindsey; Kimberly B. O’Brien; Leroy Pendleton, Jr.; Juanita
Pruna; Aaron N. Rosen; Victoria Stone; and Cynthia E. Wickham.
Economic Development
Tourism
Development
26. Approve and authorize
the Chairman to execute an Agreement, as shown on page ________, with Altamonte
Baseball Club, Inc. for the 2009 Babe Ruth Baseball Florida State Championships
in the amount of $30,000.00.
27. Approve and authorize the Chairman to execute Memorandum of
Understanding Agreement, as shown on page ________, between the entities of Seminole
County, Sanford Chamber of Commerce, Metro Orlando Economic Development
Commission, Sanford Airport Authority, and Orlando Sanford International, Inc.
to cooperatively fund two information booths at Orlando Sanford International
Airport.
Environmental Services
Business
Office
28. Approve the Release of the original Water and Sewer Maintenance
Bond in the amount of $36,030.36 for the project known as Copper Chase On-Site.
29. Approve the Release of the original Water and Sewer Maintenance
Bond in the amount of $3,246.00 for the project known as Oviedo Professional
Plaza.
30. Approve the Release of the original Water and Sewer Cash
Maintenance Bond with Escrow Agreement in the amount of $1,840.00 for the
project known as The Nutty Bavarian.
31. Approve the Release of the original Water and Sewer Cash
Maintenance Bond with Escrow Agreement in the amount of $684.00 for the project
known as The Rock.
Solid
Waste Management
32. Approve and authorize the Chairman to sign the Seminole County and
City of Sanford Solid Waste Management Agreement, as shown on page ________.
Fiscal Services
Administration
33. Approve the Sheriff’s Office to submit grant application to the
Florida Department of Law Enforcement (FDLE) requesting $109,350.00 through the
Edward Byrne Memorial Justice Assistance Grant Program funded by the American
Recovery and Reinvestment Act of 2009 (ARRA); and authorize the Chairman to
execute the grant application and supporting documents, as shown on page
_________.
35. Approval to submit an application to the Heart of Florida United
Way requesting a $75,000.00 allocation through the Emergency Food and Shelter
Program, and authorize the County Manager to execute any supporting documents
as may be required for the application.
Budget
36. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-97, as shown on page ________, implementing Budget Amendment
Request (BAR) #09-54 through the General Fund in the amount of $200,000.00 to
increase funding for the Emergency Financial Assistance program.
37. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-98, as shown on page ________, implementing Budget Amendment
Request (BAR) #09-55 through the Water & Sewer Operating Fund in the amount
of $67,000.00 to increase funding for professional services.
38. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-99, as shown on page ________, implementing Budget Amendment
Request (BAR) #09-56 through the 2001 Infrastructure Sales Tax Fund, the
Natural Lands/Trails Fund, and the Public Works Grant Fund in the amount of $1,721,883.00
in order to correct the segregation of funding of previously established grant
funded projects.
39. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-100, as shown on page ________, implementing Budget Amendment
Request (BAR) 09-57 through the Natural Lands/Trails Fund in the amount of
$89,539.00 in order to delete previously earned budgeted revenues.
40. Approve and authorize
the Chairman to execute appropriate Resolution #2009-R-101, as shown on page
________, implementing Budget Amendment Request (BAR) #09-59 through the
Natural Lands/Trails Fund in the amount of $335,000.00 in order to recognize
the cancellation of the Winter Miles Trailhead project.
41. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-102, as shown on page ________, implementing Budget Amendment
Request (BAR) #09-60 through the Transportation Trust Fund and the Seminole
County Expressway Authority Fund in the amount of $80,408.00 in order to record
the FY 2009/10 Seminole County Expressway Authority Budget.
42. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-103, as shown on page ________, implementing Budget Amendment
Request (BAR) #09-61 through the Natural Lands/Trails Fund in the amount of
$293,370.00, and direct the County Finance Department to transfer $146,684.50
from the Public Works Grant Fund to the 2001 Infrastructure Sales Tax Fund.
43. Pulled from the agenda
request to approve and authorize the Chairman to execute the Budget Change
Request (BCR) #09-12 through the Stormwater Fund in the amount of $13,000.00 to
provide additional funding for the NPDES Year 4 Permit Support and Permit
Renewal project.
44. Approve and authorize
the Chairman to execute the Budget Change Request (BCR) #09-13 through the
Stormwater Fund in the amount of $85,771.00 to establish and provide funding
for the Lake Jesup Groundwater Seepage Study project.
MSBU
45. Board approve the
scheduling and advertising of a public hearing to give consideration to
adopting the non-ad valorem assessment rolls with first time assessment in 2009
and for certification of the 2009 non-ad valorem assessment roll.
Leisure Services
Greenways
and Natural Lands
46. Approve and authorize the Chairman to execute Agreements, as shown
on page ________, with the City of Casselberry and City of Sanford for project
funding out of the Boater Improvement Program.
Library Services
Administration
47. Approve and authorize Chairman
to execute Service Agreements, as shown on page ________, with various contractors
(Steve Knight, Jeffrey Voegele, Tim Scarbrough, Rick Samlin, and Banks
Helfrich) to provide children's programs at the branch libraries as part of the
Summer Reading Program.
Planning and Development
Planning
48. Approve the Satisfaction
of Lien in the amount of $750.00, Case No. 08-59-CEB, on 1193 Roxboro Road,
Longwood, Tax Parcel #01-21-29-5CK-030H-0150, previously owned by Fremont
Investment & Loan Company and currently owned by Philip M. & Donna
Henderson, Sr., and authorize the Chairman to execute a Satisfaction of Lien,
as shown on page ________.
Public Works
Engineering
49. Adopt appropriate Resolution #2009-R-104, as shown on page
________, authorizing the Chairman to execute a Local Agency Program Agreement,
as shown on page _______, with the State of Florida Department of
Transportation for the Reconstruction and Resurfacing of Howell Branch Road
from the Seminole County Line to State Road 436 (FDOT - FPN: 426328-1-58-01).
50. Adopt appropriate Resolution #2009-R-105, as shown on page _______,
authorizing the Chairman to execute a Local Agency Program Agreement, as shown
on page ________, with the State of Florida Department of Transportation for
the Reconstruction and Resurfacing of County Road 46A (West 25th Street) from
East of Old Lake Mary Road to U.S. Highway 17/92 (FDOT - FPN: 426331-1-58-01).
51. Approve and authorize the Chairman to execute Amendment No. 1, as
shown on page ________, to Project Agreement 69-4209-9-1722 between Seminole
County and the U.S. Department of Agriculture/Natural Resources Conservation
Service for the replacement of the Water Control Structure in Howell Creek at
Lake Howell Road.
52. Approve and authorize the Chairman to execute Amendment No. 1, as
shown on page ________, to Project Agreement 69-4209-9-1703 between Seminole
County and the U.S. Department of Agriculture, Natural Resources Conservation
Service to build stormwater control structures and provide additional erosion
protection to Mills Creek at Lake Mills Road.
Roads
- Stormwater
53. Approve and authorize the Chairman to sign the 2009/10 Detailed
Work Plan Budget (DACS Form 13623), as shown on page _________, based on the
tentatively approved budget, as part of maintaining Seminole County Mosquito
Control as a State Approved Mosquito Control Program and secure State Funding.
Traffic
Engineering
54. Approve and authorize the Chairman to execute the Decorative Sign
Agreement, as shown on page ________, between Seminole County, and Sweetwater
Oaks Homeowners Association, Inc.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Approve to submit applications to the U.S.
Department of Energy requesting the $2,925,100.00 allocation through the Energy
Efficiency and Conservation Block Grant Program, was presented.
Chairman Dallari stated he supports this
endeavor, but he wants to make sure they are dotting the i’s and crossing the
t’s. He stated it doesn’t talk about life-cycle
analysis, continued follow-up, alternate fuel or how they are doing measures to
do the checks and balance and what timeframe.
Allison Stettner, Planning Manager,
addressed the Board to state those can be additional components that should be
added to the Comprehensive Energy strategy and staff can ask the consultant to look
into those things.
Chairman Dallari stated he feels it is
important that people do not look into how that is actually measured, and what
are the parameters they will be looking at.
Frank Raymond, Administrative Services Director,
addressed the Board to state staff will have the consultant look at capitalizing
on alternate fuel as well as having them review some of the many offers
received from various companies that are doing contracting in reducing energy
consumption.
Commissioner Carey asked if it is cost-effective
to pay a consultant to develop a strategy than taking the other approach of
having someone doing it for free and any sharing in the outcome.
Mr. Raymond stated the reason staff looked
at getting a consultant is because the noncompetitive part of the grant requires
not just looking at saving money but a full strategy. Staff doesn’t want to do anything that would
decrease their chance either for this money that is noncompetitive, or as a
competitive part of this grant, which is a lot more money. He stated staff is going to have the
consultant look at the performance contracting offers. He reviewed the challenge of performance
contracting offers.
Commissioner Carey stated she feels that in
the fuel conservation area, there are policies that the Board can implement as
well as talking to other Constitutional Officers with regard to coming up with
common sense policies.
Upon inquiry by Chairman Dallari, Ms.
Stettner advised the grant deadline is June 25th and once staff receives D.O.E.’s
approval, then they have 120 days to return their strategy.
Upon inquiry by Commissioner Carey, Ms.
Stettner advised no work will be underway until the grant has been awarded by
D.O.E.
Chairman Dallari stated they are not putting
this out to bid. Ms. Stettner advised
that is correct.
Ms. Coto advised Item #6 on the agenda is
taking this task associated with doing the energy strategy and adding it on to
an existing master agreement that they have under Planning and Development
identifying that scope, but they will not give a notice to proceed until they
receive the authorization from D.O.E. Discussion
ensued.
Chairman Dallari stated the biggest issue
is to make sure they have the right people doing the right task.
Marty Black, Kimley Horn Associates,
addressed the Board to state Kimley Horn is affiliated with the State of
Florida Green Building Coalition, and they are designing several communities on
the energy conservation basis, and they are working on solar energy farms
across the country.
Motion by Commissioner Carey,
seconded by Commissioner McLean to approve submitting applications to the U.S.
Dept. of Energy requesting the $2,925,100 allocation through the Energy
Efficiency and Conservation Block Grant Program; and authorize the County
Manager to execute any supporting documents as may be required for the
applications, based on all the comments previously made.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Henley clarified that the consultant will not start work until it is confirmed
that the grant has been approved.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Carey,
seconded by Commissioner Henley to authorize and approve the following:
Property
Acquisition
55. Adopt appropriate Resolution #2009-R-106, as shown on page
________, rescinding previous resolutions relating to the road improvement
project for County Road 15, for which acquisition is complete. Before acquiring
property, authority is obtained from the Board of County Commissioners by
resolutions. All property needed for this project was acquired through
donations, purchase agreements or litigation. Adoption of this Resolution is
requested in order to clear title for all property not needed by the County for
this project listed in the previously adopted resolutions.
56. Adopt appropriate Resolution #2009-R-107, as shown on page
________, rescinding previous resolutions relating to the road improvement
(major) project for Lake Emma Road, for which acquisition is complete. Before
acquiring property, authority is obtained from the Board of County
Commissioners by resolutions. All property needed for this project was acquired
through donations, purchase agreements or litigation. Adoption of this
Resolution is requested in order to clear title for all property not needed by
the County for this project listed in the previously adopted resolutions.
57. Authorize binding written offers/offers of judgment relating to
Parcel Numbers 123, 823, and 124 of the road improvement project for Chapman
Road, with Bonita Brinker & Vernice Walker.
58. Approve and execute Purchase Agreement, as shown on page ________, relating
to Parcel Number 105 of the road improvement project for Chapman Road, St.
Luke’s Evangelical Lutheran Church, Inc., for $39,400.00 for full settlement of
all claims for compensation from which Seminole County might be obligated to
pay relating to this parcel.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion by
Commissioner McLean, seconded by Commissioner Carey to approve Expenditure
Approval Lists, as shown on page ________, dated April 27, May 4, 11 and 18,
2009; approve Payroll Approval Lists, as shown on page ________, dated April 30
and May 14, 2009; approve the BCC Minutes dated April 28 and May 12, 2009; and
noting, for information only, the following Clerk’s “received and filed”:
1. Change Order #4, as shown on page _________,
to CC-1055-06.
2. Notice
of the Florida Public Service Commission Hearing and Prehearing for June 5 and
June 16-17, 2009, regarding Docket No. 090172-EI, Petition to determine need
for Florida EnergySecure Pipeline by Florida Power & Light Company.
3. Work
Order #1, as shown on page ________, to PS-3306-08.
4. Parks
Contracts, as shown on page ________, for Services with Sheena Fosselius, Dave
Smith, Jacqueline Thomas, and Timothy D. Campbell.
5. Work
Order #117, as shown on page ________, to PS-5165-04.
6. Amendment
#1, as shown on page ________, to Work Order #32 for PS-1529-06.
7. Change
Order #2, as shown on page ________, to CC-2521-07.
8. Work
Order #38, as shown on page ________, to RFP-0225-05.
9. Work
Order #5, as shown on page ________, to PS-2468-07.
10. Work Order #4, as shown on page ________, to
PS-5187-05.
11. Certified copy of Agreement M-4519-09, as
shown on page ________, with R.W. Block Consulting, Inc.
12. Copy of letter dated April 23, 2009, to Ann
Cole, Florida PSC, from Attorney Floyd R. Self regarding Petition to Intervene
for Docket No. 090172-EI.
13. Parks Contract, as shown on page ________, for
Services with Trevor Mitchell.
14. Closeout of CC-2324-07, as shown on page
________.
15. Closeout, as shown on page ________, of Work
Orders #15 and #17 to CC-1284-06.
16. Second Amendment, as shown on page ________,
to IFB-600404-08, Bound Tree Medical.
17. Maintenance Bond, as shown on page ________,
in the amount of $35,625.80 for Alaqua Country Club Subdivision.
18. Recorded Drainage Easements, as shown on page
________, by Shui Hong Kwong and Jeannie Hock Schiff with Seminole County.
19. Term Contract IFB-600612-09, as shown on page
________, with DCR Engineering Services, Inc.
20. Change Order #4, as shown on page ________, to
CC-2098-07.
21. Litigation Consultant Services Agreement, as
shown on page ________, with Walter G. Robillard.
22. Assistant and Associate Tennis Pro Agreement,
as shown on page ________, with Lauren Wolken.
23. Change Order #9, as shown on page ________, to
RFP-0613-06.
24. Term Contract IFB-600632-09, as shown on page
________, with Cardiac Science Corp.
25. Amended Supervisor of Elections’ 2009/10
Budget Proposal, as shown on page ________.
26. Work Order #39, as shown on page ________, to
CC-1075-06.
27. Change Order #5, as shown on page ________, to
CC-3112-08.
28. Report No. 043009, Limited Review of Animal
Disposition, prepared by the Office of the Clerk of the Circuit Court.
29. Copy of letter to Ann Cole, Florida PSC, from
Attorney Floyd R. Self, regarding Docket No. 090172-EI, Notice of Serving its
First Set of Interrogatories and First Request for Production of Documents.
30. Work Order #7, as shown on page _______, to
M-485-05.
31. Work Orders #32, #33, #34, #35 and #38, as
shown on page ________, to CC-1075-06.
32. Amendment #3, as shown on page ________, to
Work Order #13 for PS-0381-06.
33. Development Order #09-30000026, as shown on
page ________, for 3129 Foxwood Drive, Karen & Marie Spala.
34. Change Order #1, as shown on page ________, to
Work Order #7 for CC-2184-07.
35. Work Order #21, as shown on page ________, to
PS-5182-05.
36. Change Order #1, as shown on page ________, to
Work Order #2 for CC-2183-07.
37. Amendment #1, as shown on page ________, to
Work Order #1 for PS-2014-07.
38. Parks Contract, as shown on page _________,
for Services with David Cocco and Amy Thomas.
39. Closeout, as shown on page _________, of
CC-2143-07, Phase II Final.
40. Closeout, as shown on page ________, of
CC-1114-05.
41. Copies of e-mails dated May 1, 4 and 8, 2009,
to Joseph Forte and Dennis Westrick from Bruce McMenemy and to Bruce McMenemy
from Joseph Forte regarding Water and Sewer and visit by the auditors to the
WTP where equipment was installed.
42. Amendments #1, as shown on page ________, to
Term Contract IFB-600319-08 with Ferguson Waterworks and SunState Meter &
Supply, Inc.
43. Amendment #1, as shown on page ________, to
Work Order #64 for PS-5120-02.
44. Copies of e-mails dated May 8 and 11, 2009, to
Cindy Coto and Joseph Forte from Bruce McMenemy and to Bruce McMenemy and
Joseph Forte from Cindy Coto regarding the Lease on the Public Records
Building.
45. Notice of Hearing from the Florida PSC
regarding hearing on June 3, 2009, for Docket No. 080244-EI, Underground
Conversion Tariff Revisions by Florida Power & Light Co.; and Docket No.
070231-EI, 2007 Revisions to Underground Residential and Commercial
Distribution Tariff by Florida Power & Light Co.
46. Work Order #56, as shown on page ________, to
PS-1074-06.
47. Work Orders #28 and #29, as shown on page
________, to CC-1741-07.
48. Performance Bond, as shown on page ________,
in the amount of $192,028.39 for Savannah Park.
49. Customer Agreements, as shown on page
________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution,
Delivery and Spray Easement with Summer Oaks Estates Homeowners’ Association.
50. Amendment #2, as shown on page ________, to
Work Order #42 for PS-1529-06.
51. Copy of memorandum to Dave Godwin, County
Finance Director, from Chief Penny J. Fleming, Sheriff’s Office, regarding
Tropical Storm Fay FEMA Reimbursement and FY 2009/10 Proposed Budget for the
Sheriff’s Office, as shown on page ________.
52. Term Contract IFB-600591-09, as shown on page
________, with Vulcan Signs.
53. Recording of Plat and Certificate of Title, as
shown on page ________, for Bowles Estates.
54. Work Order #51, as shown on page ________, to
PS-1074-06.
55. Parks Contract, as shown on page ________, for
Services with Cathy Vaughn.
56. Maintenance Bond, as shown on page ________,
in the amount of $22,458 for the Oviedo Kingdom Hall Offsite Improvements.
57. Work Order #121, as shown on page ________, to
PS-5165-04.
58. Report No. 051209, Follow-up Review of Workers’
Compensation Program, prepared by the Office of the Clerk of the Circuit Court.
59. Work Order #118, as shown on page ________, to
PS-5165-04.
60. Change Order #1, as shown on page ________, to
Work Order #28 for CC-1075-06.
61. Change Order #1, as shown on page ________, to
Work Order #3 for CC-2184-07.
62. Work Order #11, as shown on page ________, to
PS-2249-07.
63. Work Order #6, as shown on page ________, to
PS-2468-07.
64. Notice from the office of Rose, Sundstrom
& Bentley, LLP, regarding Application for an Extension of Service Area by
Alafaya Utilities, Inc.
65. Copies of letters dated May 12 and 13, 2009,
to Ann Cole, Florida PSC, from Attorney Floyd R. Self regarding Docket No.
090172-EI.
66. Copy of Executive Order #09-114, as shown on
page ________, dated May 14, 2009, from the Office of the Governor regarding
Emergency Management – Wildfires.
67. Copies of Executive Orders, as shown on page
________, dated May 15, 2009, from Cindy Coto, County Manager, establishing
emergency fire prevention regulations.
68. Amendment #1, as shown on page ________, to
Work Order #5 for PS-5173-04.
69. Work Order #119, as shown on page ________, to
PS-5165-04.
70. Amendment #1, as shown on page ________, to
Work Order #38 for RFP-0225-05.
71. Bids as follows: RFP-4277-09; CC-4328-09 and CD;
IFB-600651-09; RFQ-600648-09; RFQ-600647-09; RFP-600661-09; RFP-600656-09;
IFB-600669-09; RFP-600658-09; IFB-600654-09; and CC-4399-09.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Dori
DeBord, Planning & Development Director, addressed the Board to request
approval of the Memorandum of Understanding (MOU) with the Sheriff’s Office for
the clarification of duties and responsibilities of code enforcement
activities. She stated the purpose of
this request is for clarification of the issues that arose regarding who
handles what duties. The duties and responsibilities
are the same but staff has laid out some guidelines of the code enforcement
process so that everyone is on the same page.
Ms. DeBord discussed with Commissioner
Carey the amount of time spent in preparing agendas and the type of tracking mechanism
on the amount of time spent on the process.
Commissioner Carey stated she would like a
memo from staff and the Sheriff’s Office that they agree on who the contact
person is. She said the Board’s office
gets calls from someone complaining about a code violation and the Aides have
different directions from the Sheriff’s Office as to who to contact.
Ms. Coto stated the Sheriff’s Office has
changed the manner in which they are assigning a code enforcement officer. They are now doing it by districts so that an
individual is working in a particular area.
Commissioner Henley stated the Board
received a memo (received and filed) from Mr. King complaining about noise
issues. He stated since noise isn’t
mentioned in the assignment of duties, does it exclude it from the enforcement
aspect.
Ms. DeBord stated noise is still a part of
the code enforcement activity. She corrected
the statute that Mr. King referenced in his memo.
Upon inquiry by Commissioner Henley, Ms.
DeBord advised noise in the rural areas are enforced based on the noise
ordinance outside the Land Development Code.
Motion by
Commissioner Carey, seconded by Commissioner Van Der Weide to approve
Memorandum of Understanding (MOU), as shown on page _________, with the
Sheriff’s Office for the clarification of duties and responsibilities of code
enforcement activities.
Districts 1, 2, 3, 4 and 5 voted AYE.
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William McDermott, Economic Development,
addressed the Board to request approval of a Jobs Growth Incentive Agreement
between Seminole County and The Fathers Table LLC, and approve and authorize
the Chairman to execute the Interlocal Agreement with the city of Sanford. He stated the city of Sanford approved the
request at their meeting last night.
Motion by
Commissioner Carey, seconded by Commissioner McLean to approve the Jobs Growth
Incentive Agreement, as shown on page _________, between Seminole County and
The Fathers Table LLC, and approve and authorize the Chairman to execute the
Interlocal Agreement, as shown on page _________, with the city of Sanford
regarding the City’s contribution in the amount of $30,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Julia Thompson, Parks & Recreation
Manager, addressed the Board to request approval to work with outside entities,
businesses and non-profit organizations through a sponsorship program that can
help provide opportunities to enhance resources, off-set departmental
operational expenditures, provide benefits through expanded services to
citizens and achieve greater visibility for both the County and the partnering
entity. The goal of the program is to
create relationships and partnerships with sponsors for mutual financial and
program benefit.
Commissioner Carey stated she is not sure
if the sentence at the top of page 2, “Is the sponsorship reasonably related to
the purpose of the facility, programs or events”, makes a lot of sense. There are many companies who are willing to
sponsor special sporting events that have no relationship to the sport. She stated Item B talks about the potential
sponsors may be solicited by staff or the business having direct sponsorship. She said she feels that is a very significant
commitment of being an event sponsor.
She said she would hate to see them not allow for multiple sponsors for
an event unless they have someone stepping up to the plate wanting to be an
event sponsor. There is a big difference
between a host sponsor and an event sponsor.
She also referred to Page 4, Item E, Restrictions on Sponsorship
Agreement/Advertising, and stated there are a lot of faith-based sports
programs and she would like to know why staff is signaling that out.
Ms. Thompson stated with regard to the
guidelines they set up regarding sponsorship, she doesn’t think they would exclude
any other types of businesses that might be interested in sponsoring a program. Staff would definitely take a look at potential
sponsorships that might not completely align with their goals.
Commissioner Carey stated then staff needs
to modify that statement. Whereupon, Ms.
Thompson agreed to do that.
Chairman Dallari stated there is consensus from the Board for staff to
do that.
Commissioner McLean stated he feels “reasonably
related” gives a lot of room.
Chairman Dallari stated he believes there
is consensus to make those changes.
Ms. Thompson stated regarding title
sponsorship, she feels there would have to be significant value in order for
staff to limit that. She stated staff
debated about putting a dollar amount to that.
Since staff is fairly new to this type of endeavor, they felt that if
there were significant issues where someone would love to be a sole sponsor,
staff would review that to see what the value potential would be.
Commissioner Carey stated she doesn’t think
staff needs to put a dollar amount on that but the significance of the value of
fund raising is an example. She stated
she doesn’t want one engineering company to come forward and say they will do
this if they can be the only engineering to do it. She said she doesn’t think they should do
that unless they pay significantly more to be exclusive.
Commissioner Henley stated he understands
that through the years most of the events that take place on County property
are really events where they are simply using the facilities and the County is
not the main planner. He stated it
sounds like that there is going to be a major shift in what they do and he has
reservations about this. If the County
is going into business to sponsor events, then they are providing an unfair
situation with all the community organizations that have sponsored little
league baseball and others. He said he
doesn’t think the County is geared, staff wise, (as a person who sponsors numerous
activities throughout the year), as it is time consuming and a lot of work goes
into it. If the County is going in this
direction, then he wants them to understand that there is a great deal of
responsibility other than owning the facility.
Upon inquiry by Chairman Dallari, Ms.
Thompson advised she doesn’t know if there is going to be any additional staff time
on this. She stated staff feels they can
manage this program. Businesses currently
come to them looking for opportunities to create a pro business partnership.
Commissioner Carey stated she understood
that this would be for programs the County is operating and not for people coming
in to rent the County’s facilities.
Ms. Thompson indicated that is
correct. She stated the County partners
with the Convention Visitors’ Bureau to attract local events to the area. One thing staff is doing is looking at
sponsorships as a way to enhance those events they want to bring to the
area. This allows them to be more
competitive in the market place and offer stronger and better events.
Commissioner Carey stated those groups
bringing those events are selling their own sponsorships to be able to afford
them to do that, and she doesn’t think they should be competing with them. She said she thought the purpose of this
sponsorship program was to get some advertising for the programs the County is
running so they could use the money to get sponsorship opportunities for those
who cannot afford to pay for the programs on their own.
Upon inquiry by Commissioner Henley, Ms.
Thompson advised the County sponsors the tennis tournaments, the round robins,
classes, clinics and workshops. She
stated the County contracts with tennis pros who offer those programs.
Commissioner Henley stated he doesn’t have
a problem if the County wants to start working closer with UCF, Rollins
College, etc. to bring in college events into this community. He said he has a problem with getting down to
the youth groups, unless they are going to get into wholesale to where the
County is sponsoring it and the communities don’t have to.
Chairman Dallari stated he would agree and
he would like to have that written in the sponsorship manual. Discussion ensued relating to what programs
are being sponsored.
Commissioner Henley stated he would like to
see it enumerated in the program what programs they are presently sponsoring
and no new programs will be added without the consent of this Board.
Chairman Dallari stated he believes the
Board would like staff to rework this and bring it back to the Board.
Commissioner
Carey stated she would like to know what the plan is dealing with funds. She stated she doesn’t know how they can ask
the business community to make donations to a scholarship program if they get
nothing for it.
Ms. Coto stated the intent of this item was
to get the Board’s input, finalize it and bring it back in the Administrative
Code. She stated she would like to know
if there are any other issues the Board would like staff to review.
Commissioner Van Der Weide stated he
doesn’t know why they want to exclude the church leagues because they have big
leagues and they should be in there.
The consensus
of the Board was to bring this issue back at a later date.
-------
Alison Stettner, Planning Manager,
presented request to schedule and advertise public hearings to make some
changes to the A-3, A-5 and A-10 agricultural zoning districts in the Land
Development Code. She stated Commissioner
Carey has requested that the definition of a mobile home and manufactured home
be included in the Land Development Code.
Also, changes were made to the special exception uses relating to houses
of worship. Those were moved to the
permitted uses based on State and Federal guidelines. However, guidelines relating to the size of
the facility were not put in there.
Commissioner Carey requested that those be moved back into the special
exception until those clarifications are made.
Commissioner Carey clarified why she asked
that be placed in that area.
Commissioner Henley asked if the Board
still has the authority to put conditions on the size, etc.
Robert McMillan, County Attorney, addressed
the Board to advise if it is a permitted use and it meets code, it is
authorized to go forward as long as it meets the site plan requirements.
Ms. Stettner advised in the A-3, A-5 and
A-10 district, the size would be limited because it would have to be hooked up
to utilities and utilities are not available in those districts. It would have some limitations, but it is not
clear on whether that could be met. It
might be better to move that back to the special exception category until there
are more guidelines.
Mr. McMillan stated if it already requires
a special exception, then the Board could place requirements on it.
Commissioner Carey stated even in an A-1
category, she feels it should be a special exception and it should come to some
Board because the size will have an impact on the community.
Upon inquiry by Chairman Dallari, Ms.
Stettner advised as long as they are putting it back into the special exception,
it is consistent with today’s code.
Commissioner Carey stated she would like
staff to look at A-1 because of the issue that came up.
Ms. Stettner advised staff will be happy to
bring forward the A-1 zoning district with new Land Development Code changes as
well. She stated the remainder of the
ordinance relates to placing manufactured homes in the A-3, A-5 and A-10 zoning
district as a permitted use and to add new sign requirements for agricultural
signs to allow people to find roadside stands not on the existing
corridor.
Upon inquiry by Commissioner Carey, Ms.
Stettner advised staff will remove all requirements for existing manufactured
homes to be a permitted use in the A-3, A-5 and A-10 zoning district.
Commissioner Carey requested staff to
review the difference between adult congregate living and group homes and
community residential homes. Ms.
Stettner stated she will make sure that is consistent.
Commissioner Carey referred to Item #7 on
Page 5 relative to Farmworker housing, and stated staff has included in the
fifth sentence that “Mobile homes constructed prior to June 15, 1976 may be
permitted.” She stated she thought the
consensus of the Board was to eliminate people having to come every two years
for approval to continue having a mobile home in the area.
Ms. Stettner stated this will be additional
housing already on a single lot. She
stated if the Board would like this language changed, now is the best
opportunity to do so.
Ms. DeBord stated staff is only requesting
authorization to advertise and schedule a public hearing for this item. She stated staff will be more than happy to
offer more suggestions on this issue.
Commissioner Carey stated she feels the
residents shouldn’t have to come to a board every two years to state their case
again.
Commissioner Henley stated he feels it
would be simple if they would write it to the standpoint that the permission is
granted based upon medical need for the duration of the need.
Mr. McMillan stated he believes staff feels
that the issue is how do they know that.
Commissioner Henley stated he feels they
could refile it with the County without having to come before the Board.
Mr. McMillan explained the reason for
having a time line on it.
Ms. Stettner clarified for Commissioner
Carey “mobile homes constructed prior to June 15, 1976.”
Motion by
Commissioner McLean, seconded by Commissioner Carey to authorize the Planning
& Development Director to schedule and advertise public hearings for
amendments to the Land Development Code regarding manufactured homes and
agricultural signage in the East Rural Area, including all changes and discussions.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Authorization to schedule and advertise
public hearings for amendments to the Land Development Code regarding
establishment of a uniform school concurrency process, was presented.
Motion by
Commissioner Carey, seconded by Commissioner Van Der Weide to authorize
scheduling and advertising public hearings for amendments to the Land
Development Code regarding establishment of a uniform school concurrency
process.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S BRIEFING
The Board noted, for information only,
Informational Budget Amendment Status Report FY 2008/09 for the period ending
May 31, 2009, which was received and filed.
-------
Chairman
Dallari recessed the meeting at 12:02 p.m. reconvening at 1:30 p.m. with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
PUBLIC
HEARINGS
PROOF OF
PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to authorize filing the proof of publication
for this meeting’s scheduled public hearing.
Districts
1, 2, 3, 4 and 5 voted AYE.
VOLUNTARY BILLBOARD
AGREEMENT/
BEECH
OUTDOOR ADVERTISING, Cont’d.
Continuation
of a public hearing from May 12, 2009, to consider approval of the Voluntary
Billboard Agreement between Seminole County and Beech Outdoor Advertising for a
proposed billboard to be located west of Interstate 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.
Chairman
Dallari advised the Board has received a letter from the applicant requesting a
continuance.
District
Commissioner Carey stated she has confirmed that the applicant understands that
the next public hearing date will be July 28.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to continue to July 28, 2009, at 1:30 p.m., or as soon
thereafter as possible, the public hearing for consideration of approval of the
Voluntary Billboard Agreement between Seminole County and Beech Outdoor
Advertising for a proposed billboard to be located west of Interstate 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.
No one
spoke in support or in opposition.
Districts
1, 2, 3, 4 and 5 voted AYE.
ANCHOR ROAD SMALL SCALE LAND
USE
AMENDMENT AND REZONE/WILLIAM
KREUTER
Proof of
publication, as shown on page _______, calling for a public hearing to consider
enacting an Ordinance for a Small Scale Land Use Amendment from Low Density
Residential (LDR) to Planned Development (PD) and Rezone from R-1 (Single-Family
Residential) to PUD (Planned Unit Development) on 6.8+/- acres located on the
northwest corner of the intersection of Merritt Street and Anchor Road; William
Kreuter, received and filed.
Ian
Sikonia, Senior Planner, addressed the Board to present the request stating the
staff finds the requested rezone and land use amendment are compatible with the
surrounding uses and existing development patterns of the area. He advised staff received today just prior to
the meeting one letter (received and filed) from the property owner (Joseph
Williams) to the north. He submitted the
letter to the Board stating the property owner’s concern is about potential
flooding from the proposed development to his property on the north. Mr. Sikonia also advised of one correction to
page 2 of the Development Order for Condition (3)e. to read the Side (North)
setback should be 10’ instead of 5’. He
said the Planning and Zoning Commission (P&Z) voted 6 to 0 to recommend approval
of the Small Scale Land Use Amendment to PD and the rezoning to PUD with the
stipulation that the chain link fence on the western property line be a masonry
wall. Staff is recommending approval of
the requested land use amendment and rezoning.
Commissioner
Carey questioned if it was the P&Z’s intent for the applicant to do the
wall and not the additional landscaping.
Mr.
Sikonia said he believes the residents wanted both done, but the P&Z
Commission just wanted the wall.
Upon
inquiry by Commissioner Henley, Mr. Sikonia said the staff’s original
recommendation was to support what was on the plan at that time and that was
the six-foot fence. The applicant
provided the additional memo from the Sheriff’s Office that said they would
like the chain link fence instead of the wall.
Commissioner
Carey said she understands the Sheriff’s Office is big on pushing the Crime
Prevention Through Environmental Design (CPTED) issue, but that is an extra
cost to the developer and that is why to say the applicant must put up a wall
and do the CPTED does not make any sense.
She clarified that staff is recommending the chain link fence and CPTED
additional landscaping. She questioned,
what the purpose is of having the access on Merritt Street if there are two
access points on Anchor Road. She said
Merritt Street goes back into the residential area.
Commissioner
Henley said he thinks that would entice drivers to go directly through that
community to Ronald Reagan Boulevard. He
doesn’t think the Board has smiled on letting industrial go through residential
as a main route.
Commissioner Carey said she thinks
two access points on Anchor Road would be sufficient. Discussion ensued.
Tina Williamson, Assistant Planning
Manager, addressed the Board to state the Development Review Committee reviewed
the access point on Merritt Street and their recommendation was that the access
could be there, but at the pleasure of the Board, she said that access could be
removed and that could be put in the Development Order.
John
Herbert, American Civil Engineering Company, 207 N. Moss Road, representing
David McGregor, applicant and developer who was also present, addressed the
Board to state they concur with the recommendations and hope to get the Board’s
approval today.
Commissioner
Carey asked if Mr. Herbert could make the site function with having two access
points on Anchor Road and no access on Merritt Street. Mr. Herbert said it could work with the two
access points, but the Merritt Street access would be mainly for making a left
onto Anchor Road to go north. He said
without that access, the two driveways on Anchor Road would be more difficult.
Commissioner
Carey stated her concern is that people would cut through Merritt Street, if it
were easy to do, through the residential area to get out to CR 427.
Mr.
Herbert said he doesn’t anticipate much traffic going west on Merritt Street
because the major roads, SR 436 and Anchor Road, are to the south and
east. Whereupon, Commissioner Carey said
not having the access on Merritt Street would not be a “deal killer.”
David
McGregor, applicant, addressed the Board to state he needs the access on
Merritt Street for emergency ingress and egress and it makes it a much more
convenient site to have that access. He
said most of the traffic goes up and down Anchor Road. He is talking about developing the property
into six individual lots for small businesses and they are not talking about a
lot of traffic.
Upon
further discussion with Commissioner Henley, Mr. McGregor said these would be
non-retail, C-3 commercial businesses and would not be high in manufacturing or
retail. Commissioner Henley said, to
him, that would be an argument for not having access to Merritt Street both
ways.
Ms.
Williamson advised Commissioner Carey there is nothing in the Code that
requires the applicant to have emergency access on Merritt Street. She also advised Commissioner Henley that the
access on Merritt Street meets the Land Development Code requirements as far as
spacing from the intersection of Anchor Road and Merritt Street, and that is
what staff reviewed the access against.
Mr.
McGregor noted that he has already given up one access on Michelle Drive and
now they are down to three access points.
Lee
Shaffer, Development Review, addressed the Board to state during the initial
review, staff had Mr. McGregor to eliminate the driveway opposite Michelle
Drive and move the Merritt Street driveway as far west as possible to meet the
spacing requirements from the intersection.
Discussion ensued about the applicant having access on Michelle Drive
instead of on Merritt Street. Mr.
Shaffer said staff’s only objection to the Michelle Drive access was the
spacing to the next driveway to the north.
Allison
Stettner, Planning Director, addressed the Board to advise Commissioner Carey
that the problem with lining up the driveway at Michelle Drive is that it does
not meet the driveway spacing with the industrial properties to the north of
the property. They would still need to
meet the spacing requirements on Anchor Road.
If they eliminate the driveway on Merritt, the applicant could still
succeed with his business plan with the two access points on Anchor Road.
Chairman
Dallari stated they could still continue with the plan for two access points
until staff knows what the exact usage is and then review it at a later time
during the site plan review. Ms.
Stettner concurred.
Commissioner
McLean stated if the goal is to flow the traffic away from the neighborhood and
allow Mr. McGregor to have an access point, perhaps the left-out onto Merritt
Street makes sense.
Commissioner
Van Der Weide said he thinks they are talking about the number of curb cuts now
and the applicant can fine tune that later.
Joseph
Williams, 504 W. Pressview Avenue, addressed the Board to state his property
abuts the subject property being rezoned.
He said he supports the rezoning, however, he has two concerns. His major concern is that the applicant’s
property line will probably be higher than his and he knows the property is
very low at the northwest corner. If it
is built up, he will be the one to get flooded.
He wants to make sure everyone is aware of this before construction
begins. His other concern is the access
to Merritt Street and the amount of traffic that possibly will be dumped on the
street. He said there are quite a few
homeowners on that street, and not knowing the type of traffic that is going to
be using the street causes a lot of questions for him. He agreed that putting another exit for the
zoning would not be good.
Thomas
Johnson, 482 Crestview, addressed the Board to show where his property is
located and he said his property is similar in size to Mr. Williams’. He said he is supporting the request, but he
is asking that even if all the water management concerns are addressed now, if
in the future water comes on their property, who do they turn to at that
point. He said there are no flooding
issues now and there are plenty of retention ponds and pipes under the streets,
but what happens if there is a flooding problem.
Chairman
Dallari stated sometimes you do have to file a lawsuit against the property
owner, but hopefully the Board can help in this situation.
No one
else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Upon
inquiry by Commissioner Henley, Mr. McGregor said his intent is to put in an
industrial chain-link fence (vinyl–coated).
He advised Commissioner Carey that he will do the highest requirement
for a chain-link fence.
Upon inquiry
by Chairman Dallari, Mr. McGregor stated the property is lower along the back
than on the front and that is why they put the retention across the back. He explained that the water will drain into
the County’s drainage system. He said
all the water stays on his site.
Motion by Commissioner Henley, seconded
by Commissioner Carey, to approve enactment of Ordinance #2009-21, as shown on
page _______, for a Small Scale Land Use Amendment from Low Density Residential
(LDR) to Planned Development (PD) and enactment of Ordinance #2009-22, as shown
on page _______, rezoning from R-1 (Single-Family Residential) to PUD (Planned
Unit Development) 6.8+/- acres located on the northwest corner of the
intersection of Merritt Street and Anchor Road; approve the Preliminary Master
Plan with direction to staff to consider another solution to the Merritt Street
entrance and bring that back before the Board; and approve amended Development
Order, as shown on page _______, to include the applicant’s commitment for a
vinyl chain-link fence and a 10-foot setback on the north side instead of five
feet; as described in the proof of publication, William Kreuter; based on staff
findings; and authorize the Chairman to execute the documents.
Under
discussion, Commissioner Carey clarified with Commissioner Henley that the
motion is for approval without the Merritt Street access and if, at some point,
the applicant wants to propose that again, he can come back before the Board.
Commissioner
Henley stated as the applicant gets farther along in the development for final
approval, he can come back.
Mr.
McMillan asked staff wouldn’t it require a PUD amendment if the Board approves
the plan without the Merritt Street access and then the applicant wants to put
it in later.
Ms. DeBord
advised the Board it could be written in the Development Order that this could
be approved by the Board at the time of final master plan with a revised access
beyond the two already approved. She
explained staff would not require it to be a major amendment at the time of the
final master plan.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari asked Commissioner Henley to give an update on the MPO meeting
discussion of dedicated funding for transit.
He distributed to the other three Commissioners packets of information
(not received and filed) he received from MetroPlan.
Commissioner
Henley stated he wanted to clarify the Lynx study because one of the funding
partners thought it was a duplication of the Dedicated Funding Task Force. He said the Lynx Committee is charged with
going back to revisit the funding formula to come forth with a recommended
change. This is not a duplication of the
efforts of the Task Force. He reviewed
the MPO meeting discussions and said the next meeting is scheduled for
September. That will give him and Mr.
Barley the opportunity to sit down and develop a calendar of activities to be
accomplished, when and by whom. They
will also notify the various agencies they would like to hear from and give
them time to prepare the information.
Commissioner
Carey said the charter tax surcharge language that was passed will help. She said it’s too bad the $2 federal
surcharge tax was not passed because that would have generated a lot more money
than some of the other options. They
will see what they can do about that next year.
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Chairman
Dallari gave an update on the Congress of Regional Leaders meeting held on May
29 where they talked about starting a regional water supply. He said he also advised the group that the
County Commission agreed to zero funding until they hear from them on an actual
mission statement, goals and objectives, and timeline of what they are trying
to do. He also asked for a scorecard on
MyRegion - “How Shall We Grow?” is being implemented by other counties and
cities.
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Chairman
Dallari stated he has been working with the County Manager on the trip to D.C.
for the federal lobbyist. They spoke to
the County’s federal lobbyist there and, at this time, they do not see a need
to go to D.C. He wants the Board to be
aware of that.
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Chairman
Dallari said he has been given a form which would identify Ray Valdes, Tax
Collector, as representing the BCC for voting at the NACo (National Association
of Counties) Conference. He asked for
the Board’s consensus on that.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to approve Ray Valdes, Tax Collector, as the
BCC’s representative for voting at the NACo Conference.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari said he attended the groundbreaking for Amtrak at the Sanford’s Auto
Train station with Congressman John Mica and that went well.
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Chairman
Dallari advised he has a meeting scheduled for next week with Congresswoman
Suzanne Kosmas’ staff to talk about the money becoming available to see which
projects would potentially be for economic stimulus funding. He said he will let the Board know the
outcome of that meeting.
Commissioner
Carey asked Ms. Coto if she had any follow-up information on the CR 46 project
and the money that had already been earmarked but not cut loose.
Ms. Coto
said she thinks the money had been cut loose but it was used on another portion
of the road because the County was not ready with its portion. She said she will report back on this.
COMMUNICATIONS AND/OR
REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated 05/08/09 from Diane Pickett Culpepper, Bright House Networks, to Chairman
Dallari re: carriage obligations with
respect to two local PBS stations starting on June 12, 2009.
2. Copy
of letter dated 05/12/09 from BCC to Congressman Mica re: sincere appreciation and renewed commitment to
promote commuter rail for the betterment of our community.
3. Letter
dated 05/06/09 from Ayodeji Otegbeye, M.D., Florida Department of Health
Regional Medical Director, to Chairman Dallari re: Legislative Day and Open House for children
with special needs.
4. Letter
dated 05/05/09 from Congressman Mica to Chairman Dallari re: letter of appreciation for past support of the
Central Florida Commuter Rail project.
5. Letter
dated 05/08/09 from Linda Moss, Chairperson, School Safety Advisory Committee,
to Chairman Dallari re: appreciation for
pursuing the start and completion of the Red Bug Lake Road pedestrian overpass.
6. Copy
of letter dated 05/15/09 from Rodney J. Long, President of the Florida
Association of Counties, to Governor Crist re: CS/CS SB 360 relating to Growth Management.
7. Letter
(w/attachment) dated 05/08/09 from Congressman Mica to Chairman Dallari re: press release concerning the inclusion of the
SunRail in President Obama’s FY 2010 Budget.
8. Copy
of letter dated 05/19/09 from Julia E. Thompson, Seminole County Parks and Recreation Manager, to the
BCC re: letter of appreciation of
donation in honor of Paula Carr.
9. Copy
of letter dated 05/20/09 from Cheryl Grieb, East Central Florida Regional
Planning Council, to Governor Crist re: request
to veto SB 360.
10. Copy of letter dated 05/13/09 from Marcos Marchena,
Florida Transportation Commission, to Governor Crist re: request to veto the sweep of over $120 million
from the State Transportation Trust Fund.
11. Letter dated 05/19/09 from Welton Cadwell,
Chairman, Lake County BCC, to Chairman Dallari re: Regional Expressway Authority.
12. Notice of 05/19/09 Florida Public Service
Commission customer service hearings on 6/19/09 re: petition for increase in rates by Florida
Power and Light Company.
13. Notice of 05/19/09 Florida Public Service
Commission customer service hearings on 6/23, 24, 25, and 26/09 re: petition for increase in rates by Florida
Power and Light Company.
14. Copy of letter (w/attachment) dated 05/20/09
from Sarah Mirus, Longwood City Clerk, to Chairman Dallari re: Resolution No. 09-1217 vetoing CS/SB 2282.
15. Letter (w/attachment) dated 05/15/09 from
Blanche Sherman, Manager of Finance, LYNX, to Chairman Dallari re: LYNX Quarterly Reports as of March 31, 2009.
16. Letter (w/attachment) dated 05/22/09 from
Diane Picket Culpepper, Bright House Networks, to Chairman Dallari re: programming changes to Bright House Networks
customers.
17. Letter dated 05/18/09 from Susan Hughes,
SJRWMD Governing Board, to Chairman Dallari re: letter of appreciation for speaking at the
District’s Board meeting on issues related to the addendum to the District
Water Supply Plan.
18. Copy of Petition dated 05/22/09 from the
Florida Public Service Commission re: order
suspending Florida Power and Light Company’s request for permanent base rate
increase and associated tariffs.
19. Letter (w/attachment) dated 05/14/09 from
David Johnson, Seminole County Property Appraiser, to Ms. Cathy Galavis,
Department of Revenue, re: proposed
budget for the Seminole County Property Appraiser’s Office for period of
October 1, 2009 through September 30, 2010.
20. Copy of letter dated 05/26/09 from Richard
Gestrich, Oviedo City Manager, to Cindy Coto, County Manager, re: Pedestrian Overpass over Red Bug Lake Road at
SR 426.
21. Copy of letter dated 05/28/09 from Chairman
Dallari to Governor Crist re: favorable
consideration of the Charter County Transit Bill (SB 2210/HB 1205).
22. Letter dated 05/28/09 from Diane Pickett
Culpepper, Bright House Networks, to Chairman Dallari re: channel changes for Bright House Networks
customers.
23. Memorandum (w/attachment) dated 05/29/09 from
Jeff Cole, Director, Office of Communications and Governmental Affairs, SJRWMD,
to Federal, State and Local Elected Officials, City and County Managers re: Hurricane Season.
24. Copy of Executive Order dated 05/15/09 from
Cindy Coto, County Manager, re: Establishing
emergency fire prevention regulations.
25. Letter dated 05/27/09 from Senator Lee
Constantine to Chairman Dallari re: supporting
Seminole Behavioral Healthcare and their request for $442,000 of CDBG funds to
complete their expansion.
26. Letter (w/attachment) dated 05/30/09 from Sam
Stark, Central Florida Sports Commission, to Chairman Dallari re: Monthly Activities Report, April 2009.
27. Letter dated 06/01/09 from Tyra Miller,
Administrative Director, Seminole County Property Appraiser’s Office, to
Chairman Dallari re: ad valorem tax
proportionate share for Seminole County BCC.
28. Letter dated 06/01/09 from Tyra Miller,
Administrative Director, Seminole County Property Appraiser’s Office, to
Chairman Dallari re: ad valorem tax
proportionate share for Seminole County/Municipal Fire District.
29. Letter dated 06/01/09 from Tyra Miller,
Administrative Director, Seminole County Property Appraiser’s Office, to
Chairman Dallari re: ad valorem tax
proportionate share for Seminole County Unincorporated Road District.
30. Letter dated 06/01/09 from David Johnson,
Seminole County Property Appraiser, to Chairman Dallari re: estimate tax value for Seminole County BCC.
31. Letter dated 06/01/09 from David Johnson,
Seminole County Property Appraiser, to Chairman Dallari re: estimate tax value for Seminole
County/Municipal Fire District.
32. Letter dated 06/01/09 from David Johnson,
Seminole County Property Appraiser, to Chairman Dallari re: estimate tax value for Seminole County Road
Improvement District.
33. Letter dated 06/01/09 from David Johnson,
Seminole County Property Appraiser, to Chairman Dallari re: estimate tax value for Seminole County
Unincorporated Stormwater Management.
34. Copy of memorandum dated 06/05/09 from Cindy
Coto, County Manager, to the BCC re: Library
Policies and Procedures.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
McLean distributed a memorandum (copy received and filed) to the Commissioners
from Alison Stettner, Planning Manager, regarding the Geneva Rural Heritage
Center Fee Waiver Request. He said the
memorandum speaks to the recommended land use and rezoning. It will take a process to make the land use
change, but he would like the Board to consider today to have the fees waived
for the non-profit citizens group. He
said he understands the Board would not be setting a precedent for any other
situation.
Commissioner
Carey asked if the land use change and rezoning were done administratively,
would there be any fees associated with that.
Mr.
McMillan said he doesn’t know that the County pays fees for their own
applications.
Ms. DeBord
said staff usually does administrative changes at the request of the
Board. She said there is always a cost
associated. This is not an issue that
staff found, but was brought to them with regard to a community group that
wanted to do something.
Chairman
Dallari said he thinks it’s a valid point that Commissioner Carey is stating,
and if the Board wishes, they could move in that direction.
Commissioner
Carey said if this is truly going to be a partnership among the School
District, County and the Geneva Rural Heritage Center group, then this could be
the County’s contribution to do the changes administratively without any cost
to the applicant.
Ms. DeBord
said staff can do that at the Board’s direction.
Commissioner
Henley said if the County is forming a partnership, they can be assured that
the group will come back for funding. He
said a partnership implies responsibility, and he doesn’t want to take on that.
Commissioner
McLean said his concern is if they go about it that way, would they be setting
up for someone else who thinks their situation is just as worthy. He was hoping with the memorandum they were
setting up a scenario to say this is a unique circumstance and is not setting a
precedent.
Commissioner
Carey said she thinks this is unique and they are establishing a museum for the
benefit of the public.
Ms. DeBord
corrected that the County is not establishing a museum, but the Heritage Center
will be doing that. She said all staff
has done is work with the group to make sure the land use and zoning is in
place at the time they want to be able to apply for the grants. That is what’s behind why the group made the
recommendation to try to get the fee waiver.
Commissioner
Carey said she thinks this is a unique enough opportunity that the Board would
not be setting a precedent if they did the zoning and land use change
administratively.
Commissioner
Van Der Weide said this sounds good, but he would hate to get involved in
something that is going to come back, and the Board will continuously get
invoiced for some additional costs in this project. He would like to see if the Board can honor the
request in a way that that doesn’t happen.
Ms. Coto
said the concern she has with doing this administratively is that it means the
County staff does all the work. The
proposal Commissioner McLean has brought forward is for waiving the fees as
part of the review process, but the County staff would not initiate the
application and do all the work associated with that.
Commissioner
Henley said the County owns a museum now that they are having difficulty with
properly funding. The Heritage group
will own this one. He said if the Board
is simply to waive the fees, that’s one thing, but if they are talking in terms
of a partnership, to him that means continued obligation. In his opinion, the County doesn’t need any
more organizations looking for an entitlement.
Commissioner
McLean said in his discussions with the group, that is not the case.
Motion by Commissioner McLean, seconded
by Commissioner Carey, to waive the application fees in the amount of $3,338.37
for the Geneva Rural Heritage Center.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
McLean stated he and Commissioner Carey attended the Memorial Day Parade in the
city of Sanford, and it was very enjoyable.
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Commissioner
McLean said tonight is the first of four organizational meetings regarding
SeminoleWay to bring together the parcel owners. The meeting will be held at the Vigilante
Room of the Orlando-Sanford Airport. The
next meetings will be held June 11 at Sanford City Hall; June 16 at Oviedo City
Hall; and June 18 at Winter Springs City Hall.
The time for each meeting is from 5:30 p.m. to 7:00 p.m.
Commissioner
Carey asked Commissioner McLean to ask the Committee to look carefully at the
land around the Lake Jessup area. She
said there have been some folks who tried to take the SeminoleWay early
initiative to take higher densities into the rural wetlands around the shores
of Lake Jessup. She said she doesn’t
think that was the intent of the Board when they started this.
Chairman
Dallari said he believes the Board approved SeminoleWay excluding the rural
area, the Black Hammock, or any environmentally sensitive areas.
Commissioner
Carey said the issue is it’s not part of the rural area or Black Hammock, but
on the north side of Lake Jessup and because it is around the airport, there
has to be transition between the airport and the shores of Lake Jessup.
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Commissioner
Van Der Weide stated everything is wonderful in his district. He reported that the East Central Florida
Regional Planning Council has gone into its new facility in Altamonte
Springs. He said the State changed the
law relative to DRI’s and it looks like the major counties will be exempt. He said they are still negotiating with
Orange County and are supposed to have an agreement that they will pay their
dues.
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Motion by Commissioner Henley, seconded
by Commissioner Carey, to adopt appropriate Resolution #2009-R-108, as shown on
page _______, of appreciation to Shelley Shaffer for her service on the Code
Enforcement Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded
by Commissioner McLean, to appoint Russ Hauck to the Code Enforcement Board to
fill the unexpired term ending January 1, 2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Henley said the issue with Sun State Trees has still not been resolved.
Mr.
McMillan said a member of his staff, along with the owner’s attorney, did a
site visit yesterday morning and the interior of the site has been
substantially cleared. Some progress has
been made.
Commissioner
Henley said that is true, but Sun State Trees is still not in conformance with
the site plan.
Mr.
McMillan said he understands that, but it had appeared from observations from
the street that nothing was going on.
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Commissioner
Carey reported also that she and Commissioner McLean were in Sanford for the
Memorial Day activities and it was a great parade with a great turnout.
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Commissioner
Carey requested approval for her to travel to the Florida Association of
Counties (FAC) Annual Conference in Charlotte County, which will be held June
24-26. She noted that she is on the
Board of Directors representing the County and so is Commissioner McLean. She is planning to only attend the session
for the reelection of the Board of Directors as she is up for reelection.
Motion by Commissioner Henley, seconded
by Commissioner Van Der Weide, to approve travel for Commissioner Carey and
Commissioner McLean to attend the FAC Annual Conference in Charlotte County
this month.
Districts
1, 2, 3, 4 and 5 voted AYE.
Under
discussion, Commissioner McLean said he would attend the conference only one
day.
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Chairman
Dallari stated he received an e-mail from a resident in Altamonte Springs who
had an automobile accident in Longwood and received a large invoice from
Longwood. The resident had issue with
being charged for what you have to do to just report an accident. He spoke to the County Manager and it is
within the city of Longwood’s purview to do that. He said the Legislature did address this
issue. He asked when would this become
active.
Ms. Coto
said this bill is on the Governor’s desk and he has until June 18 to act on
it. The law is supposed to go into
effect on July 1. Whereupon, Chairman
Dallari said he will be writing a letter to the resident so he can understand
the particulars behind the bill.
Ms. Coto
explained the local ordinance passed by the city of Longwood.
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Chairman
Dallari acknowledged and congratulated Commissioner McLean for receiving the
Public Servant Award at the Chamber Awards Ceremony.
Commissioner
McLean stated Commissioner Dallari was nominated for the same award and Mr.
McDermott and the Economic Development team received an award also, so Seminole
County was well represented that day.
COUNTY
MANAGER’S REPORT
Ms. Coto
reported that at the May 21 special meeting at which the budget was discussed,
one of the actions taken by the Board was to approve the staff’s proposed
budget reductions and authorize the County Manager to take all necessary
actions to implement reductions in accordance with current County policies and
procedures. She asked for confirmation
that when the Board took that action, they understood that the affected
employees would receive a severance package in accordance with the County’s
policies.
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to approve a severance package in accordance
with the County’s current policies for all affected employees per the approved
budget reductions taken on May 21, 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S
REPORT
Mr.
McMillan advised the Riverkeepers, on behalf of a couple of their members,
filed a sunshine violation lawsuit against the St. Johns River Water Management
District claiming the hearing held on the Seminole County’s permit violated the
sunshine. He said Seminole County was
not named a party, but he asked for authorization for the County Attorney to
intervene if it becomes necessary.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to authorize the County Attorney to intervene
in the Riverkeepers’ lawsuit against the St. Johns River Water Management
District if it becomes necessary.
Districts
1, 2, 3, 4 and 5 voted AYE.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:40 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
er/cc