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.

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     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.

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     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.

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     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