BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 28, 2009
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, July 28, 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)
Clerk
of Circuit Court Maryanne Morse
County
Manager Cindy Coto
County
Attorney Robert McMillan
Deputy
Clerk Sandy McCann
Chaplain Bruce Scott, Central Florida Regional Hospital, Sanford,
gave the Invocation.
Commissioner Dick Van Der Weide led the Pledge of
Allegiance.
AWARDS & PRESENTATIONS
Motion by
Commissioner McLean, seconded by Commissioner Carey to adopt appropriate
Resolution #2009-R-132, as shown on page _______, recognizing Clifford Mullins,
Equipment Operator II, Public Works Department, for 35 years of service and
dedication to Seminole County and its citizens upon his retirement on July 31,
2009.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Mullins.
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Motion by
Commissioner Carey, seconded by Commissioner McLean to adopt appropriate
Resolution #2009-R-133, as shown on page _______, recognizing Eddie Davis, Sr.
Team Leader, Public Works Department, for 34 years of service and dedication to
Seminole County and its citizens upon his retirement on August 7, 2009.
Districts 1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mr. Davis who addressed the Board to express his
appreciation.
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Shelley Lauten, President of myregion.org, addressed the Board
to give an update on the current status of myregion.org (copy of PowerPoint
presentation was received & filed).
She advised the How Shall We Grow? Anniversary Celebration will be held
on August 21, 2009 at the Hyatt Regency Orlando International Airport. At the celebration, an update will be given
on what each city and county is doing throughout the region. She said she hopes to see all the
Commissioners at this event and added that the keynote speaker will be Mick
Fleming, President of the American Association of Chamber Executives.
Ms. Lauten advised myregion.org will be discussing the creation
of a regional water strategy with the goal that no public dollars will be used
to litigate over water. She said that
they have great partners, including the Central Florida Congress of Regional
Leaders, SJRWMD, SFWMD, SWFWMD, FDEP, ULI-Central Florida, and UCF. She outlined their recommended approach and
process, stating she believes it will take 18 to 24 months to come back with a
recommendation.
Commissioner Henley stated that there are people in other parts
on the region that have brought lawsuits against Seminole County regarding
water so he believes it is an unrealistic goal to say no public dollars will be
spent on litigation.
Chairman Dallari advised Seminole County has been working on
developing a regional water supply for several years and has been trying to
bring people to the table. The major
concern is a timetable because of the mandate for 2013 that is fast
approaching. He said he believes the
myregion.org schedule needs to be shortened quite a bit and advised that Seminole
County has spent over $1 million defending itself in lawsuits over this
issue.
Ms. Lauten stated she believes they can learn a lot from Tampa
Bay and move beyond the litigation to find solutions to the water problem.
Commissioner Carey said that the big issue about water is
transmission and if they don’t figure out how to move water, they are not going
to be able to do anything regionally.
She further said that they have addressed the future needs of the
citizens of Seminole County and their regional partners did not want to step up
to the plate. Therefore, she stated
Seminole County is moving forward with addressing their issues.
Commissioner Van Der Weide stated that others are suing Seminole
County when all they are doing is trying to deliver water based on the
recommendation of the St. Johns River Water Management District. He added that he hopes this proposed process
doesn’t take too much time nor cost too much money.
Ms. Lauten discussed the progress report for the Central Florida
Region and how it compares (economically, educationally, environmentally,
quality of life, smart growth, and collaboration) with the rest of the country
and parts of the world.
The Chairman thanked Ms. Lauten for her presentation.
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Chairman Dallari announced that the State of the Arts
presentation by Margot Knight of United Arts of Central Florida has been
rescheduled for the next BCC meeting.
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Nancy Christman, St. Johns River Water Management District,
addressed the Board to discuss water conservation, stating one of the most
important aspects is education. She
thanked the Board for partnering with the District to get the conservation
message out to the citizens. She
outlined the District’s education program which includes going into schools to
talk to children. She advised the
District has also started a Water Conservation Cost-Sharing Program with a
tentative budget of $10 million and they are hoping to partner with local
government on this. She further advised
the District has organized a subcommittee on water conservation and their first
meeting is scheduled for July 30 in Palatka.
She added that one of the most successful programs in water conservation
is the Water Star Program and she introduced Deirdre Irwin to make a
presentation on same.
Deirdre Irwin, Florida Water Star Coordinator with SJRWMD,
addressed the Board to give a PowerPoint presentation on the Water Star Program
(copy of information packet was received & filed). She stated the District has developed this
program as a standard for home water efficiency, with a goal of saving 40%
outdoors and 20% indoors. She said they
have worked closely with plumbers and homebuilders associations and with other
water management districts to come up with criteria that work across district
lines. She clarified that SJRWMD owns
the program but through a regulation agreement, they partner with other water
management districts. She advised that
the “Gold” tier of the program will launch next week and they are hoping to get
at least 50% outdoors and 30% indoors savings.
She stated a component of the program focuses on landscaping and outside
irrigation and centers around the “right plant, right place” philosophy. Included is a correctly-designed irrigation
system, materials that can increase water efficiency, correct scheduling, and
the encouragement of mico-irrigation. With
regard to indoors, they have developed criteria for high efficiency bathroom
fixtures, such as toilets, sinks and showerheads; encouraged use of
water-efficient appliances, and given credit for many types of indoor
water-efficient technologies. She
reviewed the online application and certification process.
Upon inquiry by Commissioner Carey, Ms. Irwin advised the
District is working with local governments in developing their landscaping
ordinances. Commissioner Carey also
requested Ms. Irwin and the District meet with County staff to review the
landscaping section of the Land Development Code and make any suggestions.
Ms. Christman advised they will be glad to work with staff with
the knowledge that the District is currently in the process of modifying their
standards.
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The Chairman recessed the meeting at 10:25 a.m., reconvening it
at 10:32 a.m., this same date.
COUNTY MANAGER’S CONSENT AGENDA
County Manager, Cindy Coto, advised the backup to Item #6,
travel expenses for Commissioner McLean, was incorrect and has been
replaced. She noted add-on Item #23A,
Homelessness Prevention & Rapid Re-Housing Program Grant.
Commissioner Henley pulled
Item #47, FDOT Agreement for SR 434, for a separate vote.
Commissioner McLean complemented the Risk Management Committee
on the work they did with regard to Item #12, Third Party Administrator
Services. He also complemented the
Administrative Services Department on the reduction of leased space (Items #18
& #19). He stated that he and
Commissioner Carey attended the kick-off for the Leisure Services accreditation
process (Item #38).
Motion by
Commissioner Carey, seconded by Commissioner Henley to approve and authorize
the following:
County
Manager Office
6. Approval
by the BCC for reimbursement of miscellaneous travel expenses for Commissioner
Mike McLean in the amount of $298.15 to attend the FAC Annual Conference.
Administrative Services
Purchasing
and Contracts
7. Award CC-4205-09/RTB Agreement, as shown on
page _______, Addition and Renovation to Fire Station #12, in the amount of
$598,596.00 to R. W. Paul Construction, Inc. of Maitland, Florida.
8. Award
CC-4336-09/VFT Agreement, as shown on page _______, Jamestown Sanitary Sewer
Project – Phase II, in the amount of $241,713.00 to Central Florida
Environmental Corporation of Winter Springs, Florida.
9. Award
CC-4533-09/VFT Agreement, as shown on page _______, Markham Well #4 Equip &
Connect, in the amount of $358,000.00 to Sawcross, Inc. of Jacksonville,
Florida.
10. Award CC-4534-09/DRR Agreement, as shown on page _______, Red
Willow Pump Station Construction in the amount of $139,920.00 to C & S
Technical Resources, Inc. of Orlando, Florida.
11. Award RFP-600652-09/GMG Term Contract, as shown on page _______,
for Recycling of White Goods and Scrap Metal to Trademark Metals Recycling LLC.
(Estimated annual revenue to the County is $10,000.00). Orlando.
12. Award RFP-600667-09/BJC Third Party Administrator Services
Agreement, as shown on page _______, for Seminole County to Johns Eastern
Company, Inc., Lakewood Ranch, Florida.
13. Award RFP-600681-09/BJC Agreement, as shown on page ______, Wonderware
Industrial Application Server (IAS) Enterprise Platform to DCR Engineering
Services, Inc., Mulberry (base cost of $155,449.00 plus $80.00 per hour for
Troubleshooting Services).
14. Award IFB-600654-09/GGM Term Contract, as shown on page _______,
for UPS Annual Maintenance, Repairs, Parts and Replacements to Technical Arts,
Orlando (estimated usage $25,000 per yr).
15. Approve the negotiated rates and award PS-3914-08/VFT – Master
Agreements, as shown on page _______, for General Environmental Services to
PBS&J of Orlando, FL; Shaw Environmental & Infrastructure, Inc. of
Winter Garden, FL; E Sciences, Inc. of Orlando, FL; and Ardaman &
Associates of Orlando, FL (estimated annual usage amount of $800,000.00).
16. Approve ranking list, accept rate negotiations, approve the award
and authorize the County Manager to execute the Agreement, as shown on page
_______, for PS-4572-09/VFT - Construction, Engineering & Inspection
Services under the American Recovery & Reinvestment Act of 2009, with
Wilbur Smith Associates, Inc. of Orlando, Florida (estimated term usage of
$900,000.00 over the term of the Agreement).
17. Approve Amendments, as shown on page _______, to CC-3321-08/DRR for
additional pay items as identified in the revised Exhibit C for small utility projects
and pipeline repairs and refurbishments with Affordable Development of
Titusville, Florida; American Persian Engineers and Constructors of Orlando,
Florida; Central Florida Environmental Corporation of Winter Springs, Florida;
and 4C’s Trucking & Excavation, Inc. of Bunnell, Florida.
Support
Services
18. Approve and authorize the Chairman to execute the Seventh Amendment,
as shown on page _______, to the Reflections Tower and Front Space Lease with
Reflections of Seminole County, LLC.
19. Approve and authorize Administrative Services Director to send
letter to Reflections of Seminole County, LLC, notifying that the County elects
to not renew current lease of Public Safety's Tanks Section Office Space at
Reflections.
Community Services
Administration
20. Approve and authorize the Chairman to execute the Memorandum of
Understanding, as shown on page _______, between Seminole County and the
Seminole Community Volunteer Program (SCVP).
Community
Assistance
21. Approve and authorize the Chairman to execute the appropriate enabling
Resolution #2009-R-134, as shown on page _______, approving the proposed
substantive and technical amendments to the 2007-2010 Local Housing Assistance
Plan (LHAP); and further authorizing Community Assistance Division staff to submit
the amended LHAP to the Florida Housing Finance Corporation (FHFC) for approval.
22. Approve the Seminole County 2009-2010 One-Year Action Plan, and
authorize the Chairman to sign and execute any and all documents, as shown on
page _______, necessary for submittal to the U.S. Department of Housing and
Urban Development (HUD), including the Standard Form 424, the Finding of No
Significant Impact (on the environment) and Request for Release of Funds, and
the Grant Agreements with HUD for the CDBG, HOME, and ESG Programs.
23. Approve and authorize the Chairman to execute Community Services Block
Grant (CSBG) Award Agreement, as shown on page _______, between the Florida
Department of Community Affairs and Seminole County in the amount of $231,805.00.
23A. Approve and authorize the Chairman to execute Grant Agreement, as
shown on page _______, with the U.S. Department of Housing & Urban
Development in acceptance of $991,180 in grant funds to implement the
Homelessness Prevention and Rapid Re-housing Program (HPRP).
Environmental Services
Business
Office
24. Approve the Mutual Termination of Utility Agreements, as shown on
page _______, for Water and Sewer Service for the project known as The
Institute of Internal Auditors, Inc., which will result in a refund of the
Water Connection fee in the amount of $24,820.00 and the Sewer Connection Fee
in the amount of $61,285.00.
25. Approve the Release of the original Water and Sewer Maintenance
Bond in the amount of $4,531.28 for the project known as Alaqua Lakes Ph. 8.
Solid
Waste Management
26. Approve and authorize the Chairman to sign the Non-Exclusive
Franchise Agreement, as shown on page ________, for Commercial Solid Waste
Collection Services with Advanced Disposal Services Central Florida, LCC, for a
period from October 1, 2008 to September 30, 2009.
Fiscal Services
Administration
27. Approval to continue participation in the Florida Department of Law
Enforcement's Edward Byrne Memorial Justice Assistance Grant Program; authorize
the Chairman to execute the Certificate of Participation, as shown on page
_______, naming Michele Saunders as the coordinator for the countywide
application; and authorize the County Manager to execute any supporting
documentation as may be required for the application.
28. Approve revisions to Agreement #09-BG-03-09-68-01-172 with the
Florida Division of Emergency Management; and authorize the Chairman to execute
a Grant Award Letter, as shown on page _______, in acceptance of an additional
$81,152.00 in funding through the Emergency Management Preparedness and
Assistance (EMPA) Base Program.
Budget
29. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-135, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-74 through the Stormwater Fund, the Public Works Grant Fund,
and the 2001 Infrastructure Sales Tax Fund in the amount of $300,702.00 in
order to correct the segregation of funding of a previously established grant.
30. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-136, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-79 through the Affordable Housing Trust Fund in the amount of
$493,388.00, to increase funding for the (SHIP) Affordable Housing Trust Program.
31. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-137, as shown on page _______ implementing Budget Amendment
Request (BAR) #09-80 through the Water & Sewer Operating Fund in the amount
of $150,000.00, to increase funding for the Markham Aquifer Storage Well
Project.
32. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-138, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-81 through the 2001 Infrastructure Sales Tax, Public Works
Grant, and Solid Waste Operating Funds in the amount of $288,770, in order to close
the Innovative Recycling Waste Reduction Grant project.
33. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-139, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-83 through the 2001 Infrastructure Sales Tax Fund in the
amount of $100,000, and to cancel the McCulloch Road Feasibility Study.
34. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-140, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-84 through the Public Safety Grant Fund in the amount of
$81,152.00, to increase funding for the Emergency Management Performance Grant.
35. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-141, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-85 through the 1991 Infrastructure Sales Tax and the West
Collector Transportation Impact Fee Funds in the amount of $3,168,871.00, in order
to reduce funding for the Bunnell Rd./Eden Park Ave. project.
36. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-142, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-86 through the 2001 Infrastructure Sales Tax, Public Works
Grant, and Stormwater Funds in the amount of $635,661, in order to reduce budgeted
revenue for the Lockhart Smith Regional Facility project and to transfer previously
received funds, and to direct the County Finance Department to transfer $305,466.35
from the Public Works Grant Fund to the 2001 Infrastructure Sales Tax Fund and
$12,266.16 from the Public Works Grant Fund to the Stormwater Fund.
37. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-143, as shown on page _______, implementing Budget Amendment Request (BAR)
#09-87 through the 1991 Infrastructure Sales Tax and the North Collector
Transportation Impact Fee Funds in the amount of $1,202,976.00, in order to split
the funding of the Lake Mary Blvd/International Pkwy Pedestrian Underpass
project.
38. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-144, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-89 through the BOCC Agency Fund in the amount of $4,200.00,
in order to recognize donations and appropriations for the National Agency Accreditation
of the Leisure Services Department.
39. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-145, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-91 through the Stormwater Fund in the amount of $20,000.00,
in order to increase funding for Public Service Announcements.
40. Authorize staff to schedule and advertise a public hearing for the
presentation of the proposed Port Authority budget for Fiscal Year 2009/10.
Leisure Services
Parks
and Recreation
41. Approval of the Sponsorship Program, as shown on page ________, proposed
by the Leisure Services Department.
42. Approve and authorize the Chairman to execute a Facility Use
Agreement, as shown on page _______, with HDFitPro, LLC, to provide fitness
programming to the public in Seminole County Active Parks.
Library Services
Administration
43. Approve and authorize the Chairman to execute Grant Agreement, as
shown on page _______, between the Florida Division of Library and Information
Services and Seminole County and the Certification of Credentials in
anticipated acceptance of monies in State Aid to Library Funds for
library-related operating expenses.
Planning & Development
Development
Review
44. Accept replacement Cash Completion Bond, as shown on page ________,
for roads (and infrastructure) improvements in the amount of $167,571.09 and Cash
Completion Bond for water and sewer improvements in the amount of $71,417.35;
and authorize the release of Performance Bond #070-004-588 in the amount of
$477,656.94 for roads, streets, and drainage for Terracina At Lake Forest, as
requested by Taylor Morrison of Florida, Inc., applicant.
45. Approve and authorize the Chairman to execute the final plat for
Terracina At Lake Forest Third Amendment, containing 30 townhome lots on a 11.6
acre parcel zoned PUD (Planned Unit Development), located on the north side of
SR 46 at the intersection of International Parkway, and approximately 1¼ miles
west of I-4, in Section 30, Township 19S, Range 30E (Taylor Morrison of
Florida, Inc.)
Planning
46. Approve the Release of Lien, as shown on page _______, in the amount
of $42,750.00, Case No. 09-109-CEB, for property located on 1754 Cedar Stone
Court, Lake Mary, Tax Parcel #35-19-29-503-0000-0030, Anthony Tabor (previous
owner) and National City Mortgage (current owner), and authorize the Chairman
to execute a Release of Lien.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Discussion ensued with regard to Item #47, Locally Funded
Agreement Supplemental Amendment #3 with FDOT for the SR 434 Project. Commissioner Henley stated he became
concerned about this when the County agreed to build a wall without the Board
being aware of it. However, he said his
main concern is that TRIP money seems to have gone away and the State has only
given $5 million towards the project when the County has paid $32 million. He further said he spoke to FDOT Secretary
Downs and voiced his displeasure with the TRIP funding going someplace
else. He stated that he has asked Mr.
McCollum to provide him with information on how much each of these phases is
costing.
County Engineer, Jerry McCollum, addressed the Board to advise he
also spoke with Secretary Downs this morning who said they will find money to
do this project. In terms of the second
generation sales tax, when it was approved by the voters, there were five State
projects listed and the County leveraged money to get those projects done. The State said they would be responsible for
three projects on Hwy. 17-92. He further
said TRIP funds were not on the table when this was done and the County has
received over $20 million in TRIP funds for SR 434. He added that he shares everyone’s concern
over the TRIP funds; but based on his conversations with FDOT, this is a high
priority and they will get this funded.
Commissioner Henley stated that the problem is with the
Legislature who has dipped into the Transportation Trust Fund; and the County
agreement with FDOT stipulates that the County will pay for anything they
don’t. He requested the County staff not
to commit to any other walls without receiving word from the County Manager and
the BCC that they will support it. He
reiterated that he wants an accounting of the money so the Board knows exactly
what the County’s commitment is.
Mr. McCollum advised staff will provide a monthly update on the
financial status of the projects.
Commissioner Henley reported that The Springs Homeowners
Association is concerned with what is happening on their section of the
roadway.
Commissioner Van Der Weide thanked Commissioner Henley for
working on this problem while he was on vacation. He stated when you start tearing up people’s
private property, there is going to have to be compensation. He added that Mr.
McCollum is working on a solution to this problem.
Commissioner Henley added that Mr. McCollum is the most
respected County Engineer in the region and probably the State; but he does not
want staff to get lax in monitoring what FDOT’s commitments are.
The Chairman reiterated that staff will provide a monthly
financial update along with a schedule.
Motion by
Commissioner Henley, seconded by Commissioner Carey to adopt appropriate
Resolution #2009-R-146, as shown on page _______, authorizing the Chairman to
execute a Locally Funded Agreement Supplemental Amendment Number 3, as shown on
page _______, with the Florida Department of Transportation; and authorize the
issuance of a check in the amount of $7,390,566 from funds in the County’s
2010/2011 FY Budget to be paid to the Florida Department of Transportation by
November 1, 2010.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Van Der Weide to approve and
authorize the following:
CLERK’S
OFFICE
48. Expenditure
Approval Lists, as shown on page _______, dated June 8, 15, 22 & 29, and
July 6, 2009; Payroll Approval Lists, as shown on page _______, dated June 11
& 25, 2009; and approval of the Official BCC Minutes dated June 9 & 23,
2009.
The Board
noted, for information only, the following Clerk’s “received & filed”:
1.
BOA
Development Order #09-32000004, as shown on page _______, for Vaughn, Inc.
2.
Conditional
Utility Agreements, as shown on page _______, for water and sewer service with
Aloma Walk Commercial Venture, LLC for the project known as Aloma Walk.
3.
Bill
of Sale, as shown on page _______, accepting Off-Site Water System for the
project known as Norrell Office Building.
4.
BOA
Development Order #09-20500002, as shown on page _______, MGM Industrial Park
Minor Amendment.
5.
Revised
and Restated Development Order #08-20000001, as shown on page _______, SCC
Foundation OP Rezone.
6.
Work
Order #8, as shown on page _______, to PS-5180-05.
7.
Work
Order #8, as shown on page _______, to PS-2468-07.
8.
Change
Order #1, as shown on page _______, to CC-3954-08.
9.
Closeout,
as shown on page _______, for CC-3954-08.
10.
Letter
from Pearlie Trotter to the Value Adjustment Board (VAB) relating to Homestead
Exemption for 2204 Tulip Valley Pt., Sanford, FL.
11.
Letter
from Sandy McCann, Deputy Clerk, to Pearlie Trotter regarding Homestead
Exemption for 2204 Tulip Valley Pt., Sanford, FL.
12.
Letter
from Pearlie Trotter to VAB relating to choosing not to file a Homestead
Exemption petition to the VAB.
13.
Change
Order #3, as shown on page ________, to CC-2521-07.
14.
Change
Order #1, as shown on page _______, to Work Order #5 to CC-2183-07.
15.
Work
Order #57, as shown on page _______, to PS-1074-06.
16.
Change
Order #1, as shown on page _______, to Work #3 to CC-2183-07.
17.
Recorded
Hold Harmless Agreement, as shown on page _______, for Gary Vallancourt.
18.
Cash
Maintenance Bond with Escrow Agreement, as shown on page _______, in the amount
of $560.00 for off-site water for the project known as Norrell Office Bldg.
19.
Right-of-way
Utilization Permit Maintenance Bond, as shown on page _______, in the amount of
$12,151.92 for the project known as Orange Blvd. R/W-KBC.
20.
Change
Order #2, as shown on page _______, to Work Order #15 to CC-2190-07.
21.
Amendment
#1, as shown on page _______, to Work Order #56 to PS-1074-06.
22.
E-mails
to Davia Moss and Joe Abel from Bruce McMenemy and response e-mails relating to
P-Card Food Purchases.
23.
Closeout
for CC-307-06, as shown on page _______.
24.
Amendment
#1, as shown on page _______, to Work Order #2 to RFP-0580-06.
25.
Letter
to CH2M Hill, Inc. from Maryanne Morse, Clerk of Circuit Court, relating to
Contract Reference PS-5190-05/Records Demand.
26.
Memorandum
dated June 26, 2009 to Ann Colby, Assistant County Attorney, from David G.
Shields, Assistant County Attorney, relating to Basic Services Agreement
Request (Chapman Road, Nutmeg Farms, Inc.).
27.
Amendment
#2, as shown on page _______, to RFP-4240-05.
28.
Amendment
#2, as shown on page _______, to Work Order #11 to RFP-4240-05.
29.
Change
Order #1, as shown on page _______, to CC-3458-08.
30.
Change
Order #10, as shown on page _______, to RFP-0613-06.
31.
Parks
Contract, as shown on page _______, for Jennifer Bravaro.
32.
Work
Order #30, as shown on page _______, to PS-1501-06.
33.
Amendment
#1, as shown on page _______, to Work Order #29 to PS-1501-06.
34.
Assistant
and Associate Tennis Pro Agreement, as shown on page _______, with Mason
Addison.
35.
Change
Orders #4 and #5, as shown on page _______, to CC-1184-06.
36.
RFP-600600-09
Parks Landscape Maintenance Service Agreement, as shown on page _______, Vila
& Son Landscaping Corp.
37.
Parks
Contracts, as shown on page _______, for Peter Theoret, Inc., Stephanie
Desaulniers, Margaret Schavemaker, and Antonio Vaziri.
38.
Amendment
#2, as shown on page _______, to Work Order #1 to PS-2084-07.
39.
Works
Orders #51, #52, & #53, as shown on page _______, to PS-1529-06.
40.
Work
Order #71, as shown on page _______, to PS-5120-02.
41.
IFB-600669-09
Contract, as shown on page _______, Florida Utility Group, LLC.
42.
Change
Order #1, as shown on page _______, to Work Order #30 to CC-1075-06.
43.
Notice
of Commission Hearing and Prehearing from the Florida Public Service Commission
relating to Docket #090172-EI.
44.
Amendment
#3, as shown on page _______, to M-0997-06.
45.
Amendment
#1, as shown on page _______, to Work Order #63 to PS-5120-02.
46.
Tennis
Developmental Instructor Agreement, as shown on page _______, with Shaun
Fisher.
47.
Parks
Contract, as shown on page _______, with Pedro Batista.
48.
E-mails
to Jason Scarlata, Janet Davis, etc. from Bruce McMenemy, Chief Deputy Clerk,
relating to Scarlata P-Card use.
49.
Amendment
#1, as shown on page _______, to IFB-600464.
50.
Satisfaction
of Lien, as shown on page _______, for Case #08-95-CEB, Scott Weiner &
Linda Holden Weiner.
51.
Development
Order #08-20500004, as shown on page _______, Champion Street of Central
Florida, Inc. PCD Rezone, Marsil.
52.
BOA
Development Orders, as shown on page _______, as follows: Louella Espinoza; James Davison & Susan
Casajuana variance; Scott Milsom variance, Kimberly Wilson variance; Alan Wood
variance; Eugene & Sherian Anderson variance; Renzulli Properties, Inc., and
Church Lakeside Fellowship.
53.
Amendment
#1, as shown on page _______, to Work Order #52 to PS-1074-06.
54.
Amendment
#1, as shown on page _______, to Work Order #53 to PS-1074-06.
55.
Fourth
Amendment, as shown on page _______, to IFB-600250-07.
56.
Tennis
Developmental Instructor Agreement, as shown on page _______, Marc Rocafort.
57.
Parks
Contracts, as shown on page _______, with Steve DeCresie and Christopher
Canone.
58.
Head
Tennis Pro Agreement, as shown on page _______, Mick Andrews.
59.
Tennis
Developmental Instructor Agreements, as shown on page _______, Cameron Ricci
and Gareth Ripley.
60.
CH2M
Hill Audit Meeting Minutes dated June 4, 2009.
61.
Work
Order #8, as shown on page _______, to CC-2184-07.
62.
Corrective
Recreational Trail Easement, as shown on page _______, Apac-Southeast, Inc.
63.
Memorandum
dated June 11, 2009 to Ann Colby, Assistant County Attorney, from David
Shields, Assistant County Attorney, relating to Basic Services Agreement
Request for Chapman Road, Nutmeg Farms, Inc.
64.
Change
Order #2, as shown on page _______, to Work Order #3 to CC-2184-07.
65.
Closeout
for Work Order #27, as shown on page _______, to CC-1075-06.
66.
Parks
Contract, as shown on page _______, for Nancy Palmer.
67.
Work
Order #21, as shown on page _______, to CC-1284-06.
68.
IFB-600672-09
Contract, as shown on page _______, Cato Environmental Services, Inc.
69.
Work
Orders #3 & #4, as shown on page _______, to RFP-2574-07.
70.
Change
Order #1, as shown on page _______, to Work Order #6 to CC-2184-07.
71.
Work
Order #3, as shown on page _______, to PS-1903-07.
72.
E-mail
to Commissioner McLean from Bruce McMenemy, Chief Deputy Clerk, relating to BCC
Aides/Outside Meetings.
73.
Bids
as follows: CC-4270-09; RFP-4532-09;
RFP-600652-09; RFP-600681-09; CC-4205-09; CD of CC-4399-09; Presentations for
RFP-600667-09; PS-4572-09; CC-4533-09; IFB-600694-09; IFB-600695-09; 600696-09;
CC-4534-09; and CC 4614-09.
SHERIFF’S OFFICE
49. Approval to expend $500.00 from the Law Enforcement Trust Fund to
provide for a contribution to various crime prevention and education programs
operated by the Seminole County NAACP branch.
50. Approval for the Chairman to sign and process the associated Budget
Amendment Resolution #2009-R-147, as shown on page _______, (BAR) #09-88 Resolution
in the amount of $849,866.00 with regard to the agreement with the Department
of Children & Families.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Chairman recessed the BCC meeting at
10:55 a.m., in order to convene the meeting of the U.S. Hwy. 17-92 Community
Redevelopment Agency.
U.S. HWY. 17-92 COMMUNITY
REDEVELOPMENT AGENCY
Planning & Development Manager, Alison
Stettner, addressed the Board to request direction with regard to award of
M-4617-09/JVP, Consultant Services Agreement for CRA Master Planning.
Upon inquiry by Commissioner McLean, Ms.
Stettner advised staff is recommending the award to Miller Sellen Connor &
Walsh, Inc., because their approach was the most comprehensive and gave the
County the most “bang” for their buck.
Motion
by Commissioner Carey, seconded by Commissioner McLean to authorize approval of
the Master Plan Study for the U.S. 17-92 CRA; award M-4617-09/JVP, Consultant
Service Agreement, as shown on page _______, for CRA Master Planning in the
amount of $490,286.50 with Miller Sellen Connor & Walsh, Inc. (MSCW, Inc.);
and adopt appropriate Budget Amendment Resolution #2009-R-148, as shown on page
_______, in the amount of $490,287, for same.
Districts 1, 2, 3, 4 and 5 voted AYE.
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John Metsopoulos, Planner, addressed the
Board to present the Interlocal Agreement between the CRA and the City of
Sanford for the 13th Street Streetscape Beautification project,
advising in addition to the $18 million construction costs for this project,
the City is committing an additional $294,000 for landscaping, decorative
street lighting and streetscape improvements in front of the City’s new Public
Safety Building for police and fire. He
said the City is seeking a CRA grant in an amount not to exceed $400,000 to
complete the streetscape project. If
approved, the City intends to hire Herbert Bellomo Landscape Architects to
design the project, develop conceptual drawings, create landscape plans and
provide cost estimates.
Commissioner Henley stated he would like to
know what the design is going to look like before the $400,000 figure is
set.
Mr. Metsopoulos advised the design will
come back to the Board for final approval.
Commissioner Carey said this project goes
to the heart of what the CRA was created for and she supports the request, with
the understanding that the final design will come back to the Board.
Motion
by Commissioner Carey, seconded by Commissioner McLean to approve and authorize
the Chairman to execute the Interlocal Agreement, as shown on page _______,
between the CRA and the City of Sanford for the 13th Street
Streetscape Beautification Project, in the amount not to exceed $400,000;
authorize the Chairman to execute appropriate Budget Amendment Resolution
#2009-R-152, as shown on page ______, in the amount of $400,000 to be dedicated
to the project, with the understanding that $9,650 will be disbursed out of
this amount to hire Herbert Bellomo Landscape Architects for conceptual
drawings, landscape architectural plans, and cost estimates for the project and
the remainder of the grant shall not be disbursed until the TAC, RPA and CRA
approves the final plans and costs of the project.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Metsopoulos presented request for a CRA
Redevelopment Grant for China Star Restaurant, located at 2508 French Avenue to
include painting the exterior of the building, sealing and resurfacing the
parking lot, installation of a new irrigation system, enhanced landscaping, and
new exterior lighting.
Motion
by Commissioner Carey, seconded by Commissioner McLean to authorize the
Chairman to execute the U.S. 17-92 CRA Redevelopment Grant Agreement, as shown
on page _______, between the CRA and Long Far Inc. for improvements to the
China Star Restaurant, located at 2508 French Avenue; and adopt appropriate
Budget Amendment Resolution #2009-R-149, as shown on page ________, in the
amount of $25,900 for same.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Metsopoulos presented request for a CRA
Mini-Grant for Sung & JW, LLC, for the purpose of replacing an existing
pole sign with a monument-style sign in the City of Sanford. The total cost of the project is $4,500 and
the applicant is requesting $2,250.
Motion
by Commissioner Carey, seconded by Commissioner McLean to authorize the
Chairman to execute the U.S. 17-92 CRA Mini-Grant Agreement, as shown on page
_______, between the CRA and Sung & JW, LLC; and adoption of appropriate
Budget Amendment Resolution #2009-R-150, as shown on age _______, in the amount
of $2,250 for same.
Under discussion and upon inquiry by
Commissioner Henley, Mr. Metsopoulos advised he will find out whether or not
the old sign is non-conforming.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Metsopoulos presented the proposed
Development Grant Bid Requirements for the Board’s consideration. He advised the Mini-Grant application
requires three bids, while the Development Grant requires only one. He said staff and the Technical Advisory
Committee are recommending that both be required to have three bids.
Commissioner Carey discussed the
requirement to have landscaping plans and costs certified by a registered landscape
architect, stating she would suggest not requiring that and allowing the three
bids to be what specifies what the costs are.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the
changes to the Development Grant Requirements, including that three bids be
required for the cost of the work, and striking the requirement that costs
estimates be certified by an engineer, architect, or landscape architect.
Upon inquiry by Planning & Development
Director, Dori DeBord, Chairman Dallari clarified that the stricken language
needs to be consistent with both the Mini Grant and the Development Grant.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Metsopoulos presented request for the
continuation of the Parcel Data and Land Use Inventory Study, Phase Two through
Four.
Motion
by Commissioner Carey, seconded by Commissioner Henley to approve and authorize
the work outlined in the Scope of Services entitled “Parcel Data and Land Use
Inventory Study U.S. 17-92” in the Consultant Services Agreement, as shown on
page ________, M-04737-09/BLH; and adopt appropriate Budget Amendment
Resolution #2009-R-151, as shown on page _______, in the amount of $98,000 for
same.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Stettner presented the Interlocal
Agreement between the BCC and the U.S. Hwy. 17-92 Community Redevelopment
Agency outlining the relationship between the BCC and the CRA and establishing
policies and procedures between the two entities. She added that this will allow reimbursement
for County staff time.
Motion
by Commissioner McLean, seconded by Commissioner Henley to authorize the
Chairman to execute Interlocal Agreement, as shown on page _______, between the
BCC and the U.S. Hwy. 17-92 Community Redevelopment Agency outlining the
relationship between the BCC and the CRA and establishing policies and
procedures between the two entities.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Chairman adjourned the meeting of the
CRA at 11:15 a.m., and reconvened the BCC meeting at this time.
REGULAR AGENDA
Motion
by Commissioner McLean, seconded by Commissioner Carey to authorize the
Chairman to execute Interlocal Agreement, as shown on page _______, between the
BCC and the U.S. Hwy. 17-92 Community Redevelopment Agency outlining the
relationship between the BCC and the CRA and establishing policies and
procedures between the two entities.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Planning & Development,
Dori DeBord, presented request from the City of Sanford to amend the boundaries
of the City’s Downtown Community Redevelopment Area. She displayed a map depicting the current
properties in the CRA and what is being proposed to be amended. She advised the City is requesting the
addition of approximately 32 parcels fronting Sanford Avenue (between E. 2nd
Street and E. 6th Street) and the removal of the Preserve at Lake
Monroe (residential subdivision). She
further advised the removal of the subdivision would result in a reduction in
the CRA taxable value of $2,289,320 and the addition of the Sanford Avenue
property would result in an increase of the taxable value of $4,090,175. She added that staff is recommending
approval.
Motion
by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate
Resolution #2009-R-154, as shown on page _______, delegating authority to amend
the City of Sanford’s Community Redevelopment Agency boundaries, as requested.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planner, Joy Williams, addressed the Board
to present request for a waiver of the active/passive buffer setback design
standards for the Seventh-Day Adventist Church, located on the south side of
Ronald Reagan Blvd., approximately ½ mile east of County Home Road, John
Herbert/American Civil Engineering. She
advised the subject site is approximately 25 acres with an existing 13,500
square-foot church and private school.
The applicant is proposing a new 60,261 square-foot, 2-story church and
a 3,600 square foot building to expand the private school. She briefly reviewed the required and
proposed setbacks and buffering components for each property line as outlined
in the Agenda Memorandum.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to approve waiver
of the active/passive buffer setback design standards along the east, west and
south properties lines, as requested, for the Seventh-Day Adventist Church,
located on the south side of Ronald Reagan Blvd., approximately ½ mile east of
County Home Road, John Herbert/American Civil Engineering.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planner, Joy Williams, presented request
for a waiver of the active/passive buffer setback design standards for the
Seventh-Day Adventist Church, located on the south side of Bunnell Road, approximately
½ mile south of West Town Parkway, Jean Abi-Aoun/Florida Engineering
Group. She advised the subject site is
approximately 9 acres with 4 existing buildings that are utilized as a church
and private school. The applicant is
proposing to expand the use by adding 3 new buildings – a 2,520 square foot
classroom addition, a 3,116 square-foot community center, and a 7,840 square-foot
day care facility. She briefly reviewed
the required and proposed setbacks and buffering components for each property line
as outlined in the Agenda Memorandum. She
added that staff recommends approval of the waiver because it would not
adversely affect the church and residential properties to the west, south and
east due to the fact that the site has operated as a church and private school
for over 20 years with less buffering than is currently proposed.
District Commissioner Van Der Weide stated
this would be an improvement to the site and he would agree with staff’s
recommendation.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey to approve waiver
of the active/passive buffer setback design standards along the west, east and
south property lines for the Seventh-Day Adventist Church, located on the south
side of Bunnell Road, approximately ½ mile south of West Town Parkway, Jean
Abi-Aoun/Florida Engineering Group, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Solid Waste Manager, Johnny Edwards,
addressed the Board to present the Third Amendment and Renewal to RFP-4234-04/AJR
Solid Waste Collection Franchise Agreements, advising Waste Pro (Service Area
3) has offered competitive pricing and staff is recommending continuing with
their services for Area 3. However, the
service providers for Service Areas 1 and 2 are proposing a price increase of
nearly double that proposed by Waste Pro.
Therefore, staff is recommending that those two service areas go out for
competitive bidding. He further advised
that he received an email on Friday from Waste Services proposing a lower price
for Service Area 2, but it is still a little bit higher than Waste Pro.
Commissioner Carey stated she has had very
few complaints about garbage in her district.
She suggested staff go back and ask for the companies’ “best and final”
offer before the BCC makes a final decision.
Commissioner Henley questioned if the “best
and final” offer would be just from Service Areas 1 and 2. Whereupon, Commissioner Van Der Weide stated
he would like to get it from all three companies.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to direct staff
to go back to all three haulers for Service Areas 1, 2 and 3 and ask for their
“best and final” offer; and to direct staff to bring this back to the Board at
their next meeting.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Fiscal Services, Lisa Spriggs,
addressed the Board to request approval of Millage Rates for TRIM Notification
and to schedule the First Public Hearing to adopt the FY 2009/10 Budget. She briefly reviewed the chart in the Agenda
Memorandum consisting of the Current Rate, Rolled-Back Rate, and HB1B Rate,
advising the County Manager’s budget was prepared using the Rolled-Back Rate of
5.1181 Countywide and that is what staff is recommending.
Commissioner McLean stated that the rate
established at this time can be lowered during the budget process and that the
rolled-back rate is technically a tax decrease.
Commissioner Carey clarified that the
current rate is 4.5153 and the rolled-back rate is 5.1181, so basically it is a
tax increase.
Motion
by Commissioner McLean, seconded by Commissioner Henley to set the tentative
millage rates to be included on the Truth In Millage (TRIM) Notification at the
rolled-back rate of 5.1181-Countywide; 2.6629-Fire/Rescue; 0.1256-Roads; and
0.1451 Voted Debt; and authorize staff to schedule public hearings for the
adoption of the tentative and final millage levy and budget for Fiscal Year
2009/2010.
Under discussion, Commissioner Carey stated
she will not be supporting the motion because every time the millage is set at
a certain rate that is what the budget is designed to.
Commissioner Henley said he supports the
motion for advertising purposes, noting the millage can be decreased before the
budget adoption, but cannot be increased.
Commissioner McLean commented that by
establishing the millage at rolled-back, it gives the Board some
flexibility.
Commissioner Van Der Weide stated he is
very concerned that staff is going down a path that will box the Board in a
corner with no way to get out. He
questioned Ms. Coto if there is a fall-back position should the Board not
approve this proposed millage?
Ms. Coto advised she has presented a budget
to the Board, as statutorily required, by July 15 that she believes is
financially prudent. She added that if
the budget, as submitted, is not approved by the majority of the Board, she
would recommend not going below the 4.9989 millage figure.
Commissioner Henley cautioned the Board to
look for more cuts because if they do not approve the rolled-back millage, they
will be looking for more cuts next year.
Commissioner Van Der Weide stated the
citizens are hurting economically and they want the Board to hold the line. He further stated that if the Board sets the
millage too high, staff will take it and run the budget up that number.
Upon inquiry by Commissioner Carey, Ms.
Coto stated she has not calculated what the millage rate should be (based on
her budget), should the Board not approve the stormwater fee.
Districts 1, 2 and 4 voted AYE.
Commissioners Van Der Weide and Carey voted
NAY.
COUNTY MANAGER’S BRIEFING
The Board noted, for information only, the
Informational Budget Amendment Status Report for FY 2008/09 for the period
ending June 30, 2009.
-------
Assistant County Manager, Sabrina O’Bryan,
addressed the Board to give an update on the County’s Strategic Plan. She gave a PowerPoint presentation, stating
this is an ongoing project. Copy of the proposed
Five-Year Strategic Plan 2008-2013 was received and filed.
Commissioner Henley advised he serves on
this committee as a representative of the BCC and most of the plan was agreed
to prior to the economic situation they find themselves in. He said that the actions, as they pertain to
the budget, that the Board will likely be taking, are counter to almost
everything in this plan.
Ms. Coto said she feels that now more than
ever, the goals and objectives in the plan are important. Whereupon, Commissioner Henley commented that
they need to be realistic when talking about some of these goals.
Commissioner Carey stated the citizens
don’t care how Seminole County stacks up to the rest of the country and she
feels it is too grandiose to be the “Best County in the U.S”. She suggested amending the vision statement
to: “To be the best county government that they can be.” Discussion ensued.
Chairman Dallari said he does not believe the
plan should be rolled out to the public like it is because he feels there will
be major changes after the budget is adopted.
Commissioner Carey agreed.
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The
Chairman recessed the meeting at 12:14 p.m., reconvening at 1:34 p.m., this
same date with all Commissioners and all other Officials, with the exception of
Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were
present in the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner McLean, seconded
by Commissioner Henley to authorize the filing of the proofs of publication for
this meeting's scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
SPRINGWOOD
WATERWAY AQUATIC WEED CONTROL MSBU
Proof of
publication, as shown on page ________, calling for a public hearing to
consider an Ordinance establishing the Springwood Waterway Aquatic Weed Control
MSBU, received and filed.
Carol
Watral, MSBU Project Manager, addressed the Board to present the request. She reviewed the purpose of the MSBU program
and how the assessment is collected. She
stated the petition process demonstrated an 84.6% support rate among the 52
waterfront properties. If approved, the
initial assessment of $265 will be levied against each benefiting waterfront
parcel and will be included in the 2009 property tax bill.
Brian
Pelski, 175 Spring Lake Hills Dr., addressed the Board to speak in support of
the request. He stated his neighbor
friends residing on Spring Lake are pleased with their MSBU program. He reviewed the five reasons why an
overwhelming majority of homeowners are joining together to support this
project. He said he is quite passionate
about this project and he urges the Board to vote in favor of it. He submitted photos (received and filed)
showing what the current condition looks like in his back yard.
No one
else spoke in support or in opposition.
District
Commissioner Van Der Weide stated it is nice to see a community working
together in getting this project approved.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to adopt Ordinance #2009-23, as shown on
page ________, establishing the Springwood Waterway Aquatic Weed Control MSBU,
as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
WATER
CONSERVATION LANDSCAPE ORDINANCE
Proof of
publication, as shown on page ________, calling for a public hearing to
consider the revised Water Conservation Landscape Ordinance, as recommended by
the St. Johns River Water Management District, by amending Seminole County Code
Chapter 270, Part 5, received and filed.
Debbie
Meinert, Environmental Services, addressed the Board to present the
request. She stated there are two water
conservation landscape ordinances and staff is recommending that the second one
be approved. The first ordinance was
created several months before the St. Johns’ River Water Management District
(SJRWMD) came out with their new ruling.
The second ordinance is modeled after SJRWMD with the exception to
include only the unincorporated areas of the County, and also to apply
reclaimed water restrictions to Seminole County utility customers only. Restrictions on reclaimed water will be year
round and it will allow only two days a week watering with reclaimed
water.
Commissioner
Carey stated with regard to the second ordinance, when you get to the eastern
standard time of watering one day a week, she would like to know if there is a
reason why the County wouldn’t give the residents an option of which day that
would be. She stated the residents are
still being staggered on two days a week, and she would like to know why not
give them that flexibility.
Ms.
Meinert stated she believes that is a St. Johns’ rule. St. Johns River Water Management District
dictates what day to water.
Susan Deitrich, Assistant County
Attorney, addressed the Board to explain to Commissioner Carey that the option
of bringing complaints to the State Attorney’s office has always been there or
they can prosecute it as a code enforcement violation.
Discussion
ensued between Commissioner Carey and Mr. McMillan relating to a violation of a
County Code.
Commissioner
Henley stated he has the same thought about the option of choosing a day. He said it may be difficult for people to
monitor and enforce.
Steve
Barnes, 400 West Crystal Drive, addressed the Board to encourage the Board to
adopt the second option which has control over the reclaimed water use. He said he also has concerns relating to the
enforcement because the way he read that is staff would have the ability to
give a written warning but not issue a ticket, and then it would be referred to
the State Attorney’s office. He asked
the Board to take a closer look at that to make sure there is some enforcement
mechanism on the staff level.
Nancy
Christman, SJRWMD commended the Board for moving forward with the water
conservation ordinance. She stated she
believes the one day a week provision would be an enforcement issue if people
choose their days. She said how the
ordinance is enforced is up to the Board and SJRWMD doesn’t have an opinion on
that. The two ordinances are consistent
with the SJRWMD’s rule whether the Board enforces irrigation on reclaimed water
on the second one and not on the first ordinance. The reason for that is the SJRWMD was going
to include reclaimed water in their rule but several utility companies
indicated that would be a hardship for them as far as being able to dispose the
water. The SJRWMD left it up to local
governments as to whether or not they want to regulate reclaimed water. The question that SJRWMD has on the first
ordinance is does the countywide reclaimed water include the incorporated
areas. The only comment SJRWMD has on
the second ordinance with regard to reclaimed is the County can only restrict
their own reclaimed customers.
No one
else spoke in support or in opposition.
Motion by Commissioner McLean,
seconded by Commissioner Van Der Weide to adopt the revised Water Conservation
Landscape Ordinance, as recommended by the St. Johns River Water Management
District, by amending Seminole County Code Chapter 270, Part 5, as described in
the proof of publication.
Under
discussion, Commissioner Carey stated she wanted to clarify that in the second
ordinance, the reclaimed water is for unincorporated Seminole County only. She asked if the Board would like to strike
“and bring complaints to the State Attorney’s office for prosecution,” under
the Enforcement section.
Robert
McMillan, County Attorney, stated that language has not been advertised for
striking, and it is part of the current ordinance. He stated there would a problem if the Board
makes a change without notifying the public that they are considering that.
Upon
inquiry by Commissioner Carey, Commissioner McLean advised his motion is as is.
Dennis
Westrick, Water & Sewer Manager, addressed the Board to state the language
is for Seminole County reclaimed customers.
There are others in the unincorporated area that are not reclaimed
customers.
Mr.
McMillan stated the ordinance only applies to the unincorporated areas.
Upon
inquiry by Commissioner Van Der Weide, Mr. Westwrick advised there are some
other utilities in unincorporated Seminole County that have reclaimed customers
but are not Seminole County customers.
Chairman
Dallari reiterated that it is for Seminole County reclaimed customers only.
Mr.
McMillan stated he is not sure why one ordinance applies to countywide and the
other does not.
Ms.
Dietrich stated there were changes from the draft and that is why there was a
second version.
Mr.
McMillan stated if the Board is passing an ordinance that purports criminalized
activities, the County can limit it to their own customers. Staff tried to get the ordinances prepared so
that they apply everywhere. It doesn’t
apply to the customers in the cities. If
it only applies to the County’s customers, then it is made a part of the
customer agreements. The County cannot
use police power to regulate customers, but they can use it to regulate
citizens.
Ms.
Christman stated the reason SJRWMD feels the ordinance overall should apply to
unincorporated Seminole County is because that is the area they regulate. Reclaimed customers are in a different
category; and is due to system issues and availability of reclaimed for
irrigation, that part of the ordinance is written to only apply to the County
customers. The County should not
regulate reclaimed customers who get reclaimed water from another source. The question is whether they are incorporated
or unincorporated.
Chairman
Dallari stated the County Attorney feels that there could potentially be an
enforcement issue here.
Upon
inquiry by Mr. McMillan, Commissioner Carey advised Page 6, Item 3 refers to
using reclaimed water from a Seminole County utility reclaimed system.
Chairman
Dallari recommended continuing this item to the end of the public hearings to
allow the County Attorney time to research this issue.
Commissioner
McLean withdrew his motion. Commissioner Van Der Weide withdrew his second.
Motion by Commissioner McLean,
seconded by Commissioner Van Der Weide to continue to later in the meeting
request to consider a revised Water Conservation Landscape Ordinance, as
recommended by the St. John’s River Water Management District.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan left the meeting at this time.
SEMINOLE
COUNTY COMPREHENSIVE PLAN
Proof of
publication, as shown on page ________, calling for a public hearing to
consider Text Amendments to the Seminole County Comprehensive Plan to the State
Land Planning Agency, received and filed.
Sheryl
Stolzenberg, Planning, addressed the Board to state the Board adopted the
amendments on December 9 and they have been reviewed by the Department of
Community Affairs (DCA). She stated the
DCA decided they wanted to see some additional changes. She stated staff identified the first group
of amendments as State Agency Base Amendments and those address languages that
has been in the Plan for a long time.
Regarding highly potential archaeological significant historic sites,
the DCA changed a lot of the procedures and staff has placed those changes in
the text. The second group of amendments
refers to eliminating potential internal conflicts in the Comp Plan. There were restrictive Plan policies dealing
with wetlands and flood prone lands that might have been interpreted as making
it not possible for the County to install any improvements that are overriding
public interest. The language staff is
proposing to insert in the Comprehensive Plan makes it clear that when an
interest like this comes up that it is allowable for the Commission to find
that this overrules the more restrictive policies that affect wetlands and
flood plain areas. Staff is providing
definition of what these development activities will mean with regard to
wetlands. This definition has always
been in the Land Development Code but it wasn’t in the Comprehensive Plan. This language will explain that there will be
times that they may have to allow for certain activities in these sensitive
areas. The third group of amendments
allows staff to begin to respond to SB 360.
This bill defines the non-rural area as a dense urban land area and a
transportation concurrency exception area.
She stated under the requirements of the law, staff will have to have in
place a mobility strategy and funding by December 1, 2011. Staff has indicated to the State that they
are moving forward on this now. Staff
received permission for the CRA area along the 17-92 corridor to be regarded as
a Transportation Concurrency Exception Area and the State will be expecting to
see what staff is doing with that. Staff
indicated that they will be working together with the cities and Orange County
to develop a strategy because this is a connected area. Staff needs to add “urban portions to SR 46”
on page IMP 19 and they need to change Roads and Mass Transit Facilities on
page IMP 23 to read “Transportation Facilities.” On page TRA-8, they need to add “commuters
who live and work” in the last paragraph of Creation of Mixed Use Centers. The fourth group of amendments also responds
to SB 360 and that recognizes a lot of communities that allow for people to
simultaneously apply for rezoning with a Land Use Amendment. Staff wants to make it very clear to
applicants that these are two separate processes and the zoning cannot take
effect until the Land Use change has been approved. The fifth group of amendments is a
clarification of the existing processes.
Upon
inquiry by Commissioner Carey, Ms. Stolzenberg advised the Development
Activities, Wetland Areas section is just a definition of what development
activities are in wetlands areas. Some
of them may require permits from other agencies but there is nothing in the
definition that suggests they are not allowed.
Ms. Stolzenberg
informed Commissioner Carey that IMP-22 relating to parks tracks the exact
language in the Florida Statute that describes what concurrency is supposed to
be. The fact they have adequate parks is
wonderful and that means they won’t have a problem turning someone down for
inadequate parks. Staff needs to reflect
what the concurrency process is in the Comprehensive Plan.
Commissioner
Carey stated she would like to know if staff can tell what the heading is on
FLU 120, Item E, Development within this Future Land Use Designation Requires
Zoning.
Ms.
Stolzenberg stated this is a section in the Plan that provides descriptions of
each of the land uses. What staff is
doing to this language is responding to the SB 360 requirement that says if
they are going to allow someone to rezone at the same time they are changing a
land use, staff needs to tell them that the rezoning doesn’t take effect until
after the land use is approved.
Commissioner
Carey stated it seems like there are a lot of places in the Comp Plan that
speaks to the Wekiva Protection Area including the placement and disposition of
fill in the 100 year flood plain. Staff
informed her that it does not have a greater effect than what the language is
in place today.
Ms.
Stolzenberg stated there may be times, because of overwhelming public need,
that this has to happen but they will mitigate.
Staff recognizes that they may have to do something that would disturb
areas that they otherwise would not disturb.
Commissioner
Carey stated she was concerned that they were putting language in there that
would be detrimental to property owners who may want to do something with their
property in the Wekiva Protection Area.
Alison
Stettner, Planning Manager, addressed the Board to advise staff is not putting
something in that will be a greater burden than what the rules are today.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner McLean to transmit Text Amendments to the Seminole
County Comprehensive Plan to the State Land Planning Agency, as described in
the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
VOLUNTARY
BILLBOARD AGREEMENT (Continued)
Continuation
of a public hearing to consider a 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.
Tina
Williamson, Planning Manager, addressed the Board to present the request. She stated the applicant is proposing to
enter into a voluntary billboard agreement to allow for the construction of one
non-conforming dual-faced billboard. The
Code allows for construction of a billboard if at least four billboards are
removed. The applicant is proposing to
remove two billboards with four faces in exchange for the new billboard. This would result in the permanent reduction
of two faces. The subject property is
assigned Suburban Estates (SE) Future Land Use designation and is zoned A-1
Agriculture. The SE designation is a
Residential Future Land Use designation and does not allow the requested use
per the Seminole County Comprehensive Plan.
The A-1 designation also does not permit billboards; however it is a
non-residential district per the Land Development Code. Section 30.1253 of the Land Development Code
states “notwithstanding anything to the contrary elsewhere in this Code and
outdoor advertising signs may be permitted in any non-residential zoning
district if such location is found to be in the public interest.” Staff cannot determine that this billboard is
in the public interest and that determination is only available through a
finding by the BCC. This creates an
inconsistency between the Future Land Use designation and the zoning
district. In cases where there are
inconsistencies, the Future Land Use designation is used as the determining
factor in the recommendation. Staff
recommends denial of the request due to inconsistency between the zoning and
Future Land Use designation. Letters
from affected property owners and photographs were received and filed.
Attorney
Jason Searl, Gray Robinson, addressed the Board to submit a letter (received and
filed) from his client (Frederick Leonhardt) explaining why he was unable to
attend today’s meeting. He displayed a
5-point summary (received and filed) of the Beech Outdoor Voluntary Billboard
Agreement and he reviewed the following:
The property is unique and it is in the public interest; Outdoor
advertising sign agreement; Removal of existing signs and reduction of total
copy area; New sign specifics and additional benefits; and A Win-Win for all
parties involved. He displayed an aerial
map (received and filed) and reviewed the location of the project. He displayed and reviewed a rendering
(received and filed) showing the original property and location of the new
sign. He displayed and reviewed the
following (all received and filed): A
copy of Section 30.122 showing the permitted uses under the A-1 zoning;
Specifics of the Unique Location; Section 30.1253 (c) and (d) of the Land
Development Code; Benefits of the Sign Agreement; and Photographs of the New
Sign Location with an Amber Alert setting. He stated the new sign will be updated and
modernized.
Commissioner
Van Der Weide left the meeting at this time.
Mr. Searl
continued his presentation by displaying an alert (received and filed) of the
escape and capture of a criminal in Augusta, Georgia, due to posting CSRA’s
most wanted on a billboard. He displayed
and reviewed a landscape buffer; a drawing showing 5 ft. high sand oaks
surrounded on each side by 10 ft. sand pines in the landscape buffer; and a revised
landscape buffer.
Commissioner Van Der Weide
reentered the meeting at this time.
Mr. Searl
reviewed a visual of individual properties that will be affected by this
project. He submitted before and after
photos (received and filed) of what the effect of the landscaping would be on
the surrounding property owners. He said
some of the feedback they received from the surrounding property with regard to
the potential affect these signs would have on them. The applicant has committed to a 20 ft. wide
landscape buffer along the perimeter. A
copy showing the commitment of the landscape buffer was received and
filed. He reviewed additional benefits
(received and filed) of the new sign. He
stated the landscape architect for the applicant and FDOT met at the site to
jointly plan the installation of the landscaping. A letter from FDOT accepting the donation of
land was received and filed. He reviewed
the seven reasons (received and filed) for a win-win for all parties. He advised the applicant secured a perpetual
access easement to the subject property over one of the adjacent
properties. Mr. Benitez, the owner of
the adjacent property, transferred this property subject to an access easement
and the buyer assumed it with full knowledge of the easement that has been
conveyed and attached to his property.
Copy of the Ingress and Egress Easement Agreement was received and
filed. FDOT received title to the
subject property together with the access easement rights with no expense to
FDOT. The property may then be utilized
for I-4 expansion, retention or dedicated conservation subject to an easement
for any new sign. He displayed a
photograph (received and filed) of the truck that they will be using to
maintain the sign. He stated he has
committed to the maintenance during normal business hours and no more than
three times a year. He introduced the
individuals who were in support of the project.
Commissioner
Carey discussed with Mr. Searl the number of trees there will be in the buffer
area and the applicant being willing to offer the property owners the option of
wanting the trees planted on their side of the property and staggered on both
sides of the property lines. Mr. Searl
stated FDOT met with the applicant’s landscape architect and there were very
positive discussions relating to moving plantings more towards Lake Mary.
Upon
inquiry by Commissioner Carey, Mr. Searl advised there is about 2¼ acres being
donated to FDOT minus the sign pole and the area around it subject to the
easement. The rest would be donated with
no consideration to FDOT.
Upon
inquiry by Commissioner McLean, Mr. Searl advised he believes that at the end
of the day they are going to get a site that is going to be doubly landscaped
and improved. It would block not only
any perspective site from the surrounding neighbors of this new sign but also
I-4. He stated he feels that with the
tough economic times the FDOT model is a perfect example of public
interest. He said he believes removing
the four signs up and operational goes to the public interest required under
this provision.
Upon
further inquiry by Commissioner McLean, Mr. Searl advised they are talking
about absolute commitments for this use.
He read the provision of the agreement.
Upon
inquiry by Commissioner Henley, Mr. Searl advised the County will have access
to one public service announcement every five minutes on the LED sign for a
duration of three consecutive days.
Commissioner
Henley stated he would like to know how many of the three consecutive days will
be made available to the County.
Mr. Searl read
into the Record the requirement for the County utilizing digital or electronic
face signs.
Commissioner
Carey stated it is periodic but it is not specific. She stated staff could change that language
to say that they can have one continuous if they choose to.
Commissioner
Henley stated they could have one a month or one every three months.
Mr.
McMillan entered the meeting at this time.
Upon
inquiry by Commissioner Henley, Mr. Searl advised the height of trees at the
planting time would be 5 ft. The 10 ft.
sand pine would be installed at that height as well.
Commissioner
Henley stated he would like to know what would prevent FDOT from using that as
a staging site with their equipment.
FDOT’s equipment would be much heavier than what the applicant is
proposing to use for maintenance.
Mr. Searl
stated FDOT would not be using the access that the applicant would be
using. FDOT would be using their
property and it would be subject to the easement to the extent that their
client could control the terms of the transfer and the use of the property
following the conveyance.
Commissioner
Henley stated he believes this is the first time the Board has been asked to
approve a nonconforming sign.
Charles
Kordon, 1877 E. Crowley Circle, addressed the Board to speak in opposition to
the project. He stated the concern he
has about the property is it is landlocked by residential property. He said he doesn’t know where advertising
comes into agricultural as he doesn’t see that as being part of raising livestock. He discussed the benefits of the property,
the maximum amount of time the sign is being used, the growth of sand pine
trees, who will be maintaining the property, and how they are going to address
accessing the property without bringing in larger equipment. He stated he has concerns with FDOT parking
vehicles on the property. He said he
also has concerns with regard to the brightness of LED lighting.
Rex Beech,
1672 Indian Dance Ct., addressed the Board to state he is the owner of Beech
Outdoor Advertisement. He stated he
feels it would be advantageous for him to get a location on I-4 for his sign,
and it also would be advantageous for FDOT, Seminole County and the residents. One of the two billboards that they are
taking down is located in Oviedo and the other is in Sanford. There are appropriate places for signs,
malls, high-rise hotels and there are inappropriate places. His company is for long term and he is looking
forward to partnering with the County.
Jose
Benitez, 32351 Timb Lake, addressed the Board to state he is in support of the
project and he will be happy to answer any questions.
Bruce
Brodfuhrer, 1415 Tusca Trail, addressed the Board to state his father-in-law,
Jack Zimmer, was smart enough to buy property to put signs on. He stated Mr. Zimmer bought property on I-4
with the potential of putting billboards on both sides. This is an interstate property with very high
traffic and is an ideal place for billboards.
He said he would hate to go back and tell an almost 90-year-old World
War II veteran that there is not a deal yet.
Mr. Searl
displayed and reviewed copies of photographs (received and filed) from Mr.
Kalter’s property looking north.
No one
spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Upon
inquiry by Chairman Dallari, Mr. Searl advised their client will be maintaining
the property and post donation will be made by FDOT. He stated one side of the new sign would be
LED which does not require external lighting.
On the side that is non-LED, there will be three or four lights with 300
to 400W halophane with the ability of reducing that wattage. He said the residents will not be seeing the
LED lighting.
Chairman
Dallari was informed that the sand pines will grow about two feet a year.
Upon
inquiry by Commissioner Carey, Mr. Searl advised the signs will be positioned
looking from the westbound traffic on the top so it will be facing the
northeast direction. He stated the view
from the eastbound traffic heading east will be in the southwest
direction. He stated the LED would be on
the side of the sign facing westbound traffic.
The static side would be on the side facing eastbound traffic and any
external lighting would be blocked by billboard structure.
Upon
further inquiry by Commissioner Carey, Mr. Searl advised the easement on the
Benitez property is 12 ft. wide and that goes from Crowley Circle down to the
Zimmer property and along I-4 to the sign site.
He stated this easement was done in March 2008 pre-FDOT concept and they
would need to address this to continue the access. It currently goes from Crowley Circle to the
Grant Tweed property and that would need to be addressed when they do the
transfer.
Mr. Searl
informed Commissioner Carey that they will keep an easement over the property
when they donate it to FDOT. This is
what all parties have agreed to in concept.
Upon
inquiry by Commissioner Carey, Mr. McMillan advised they can put a restriction
on the land that gets donated as part of the conceptual agreement as it is not
a standard provision.
Commissioner
Carey stated she would like to know if they can put in the agreement the number
of times a month the County would have use of the sign.
Mr.
McMillan stated the Board can pass a motion if the applicant agrees to it.
Mr. Searl
indicated on the aerial the portion that they envision to turn over to the
State.
Commissioner
Henley stated if the landscaping is placed in that area and if FDOT decides to
use that area as a site, then there it goes.
He stated the County cannot force them to put that back.
Mr. Searl
stated that would be something that he would want to be ensured of as
well.
Mr.
McMillan stated conditions can be placed on the property and once it gets
transferred to FDOT it runs with the land and they have to take it that
way. However, how it is enforced against
DOT is another story.
Chairman
Dallari stated he believes a couple of issues have been brought up that needs
to be put in the agreement.
Mr. Searl
stated he feels these are good points and they need to protect their interest
as well. He stated he feels they will be
amenable to the language of running the frequency of the sign usage.
Mr. Beech
stated they will be willing to do what is above and beyond what is in the
agreement.
Upon
inquiry by Commissioner Carey, Mr. Beech advised he would have no problem
running it, at a minimum, once a month.
Mr.
McMillan stated they need to make sure that any conditions placed should run
with the land and a restriction needs to be placed in the deed to be submitted
to FDOT. This agreement should be
recorded in Land Records and run with the land.
District
Commissioner Carey stated she visited the property and she feels it serves a
public purpose. Four face billboards
will be eliminated in the community, which are not appropriate for
billboards. She stated she feels I-4 is
the appropriate place for billboards.
She said the signs will be smaller than the existing signs. She added the agreement can be modified if
the applicant is willing to agree to a minimum of once a month at three days
per ads. She stated if the County can
use that sign for public information, public announcements, public emergencies,
storm warnings, and anything for the good of the public, that is a good value
to the public. The donation of two or
more acres of land to FDOT is going to be important since I-4 is going to be
developed in the next few years. She
said it is also important to protect that piece of property from being used for
the purpose of staging.
Motion by Commissioner Carey,
seconded by Commissioner McLean to approve a Voluntary Billboard Agreement, as
shown on page _______, 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, and authorize
the Chairman to execute the Voluntary Billboard Agreement, as shown on page _______,
with the following conditions: wall at
the back of the Benitez property only be opened to allow the 12 ft. wide
easement accommodation and gated with a rod-iron decorative gate; once the
billboard is constructed that the access be limited to three times a year
during the week days, Monday through Friday from 9:00 a.m. to 5:00 p.m., the
F150 vehicle that the applicant shoed would be used; at the time of
construction that at least one side of the sign would be LED with no up
lighting on that particular side; the easement of the property be maintained by
Beech Outdoor and if the current owner is not maintaining it, it would be
maintained by Beech Outdoor as well; and, a deed restriction will be recorded
and run with the land on the property donated to FDOT, that states the property
will not be used for staging; and the landscaping buffers planted will be
protected.
Under
discussion, Commissioner Henley stated this would be precedent setting if the
Board approves a non-concomforming board.
He stated that concerns him. He
said he feels Mr. Beech needs to be commended on the concessions he is willing
to make in order to try to meet the criteria of public service.
Upon
inquiry by Commissioner Carey, Dori Debord, Planning & Development
Director, addressed the Board to state nonconformity is that it is a Suburban
Estate Residential Land Use district in the Future Land Use Map. The zoning is A-1, which is considered
agriculture zoning. The nonconformity
runs to the fact that the Land Use is the guide they go by if there is a
question between the zoning and land use.
In this case, it is based on A-1 being allowed to have the exception
based on the public use. The
nonconformity is not the billboard itself but the land it is sitting on.
Upon
further inquiry by Commissioner Carey, Ms. DeBord advised she feels there would
be an option for the applicant to put a
billboard in along I-4 using the land use regulations that are in place
now. It would be appropriate for them to
ask for a land use that would be appropriate for the use they want and
considered compatible with each other rather than going by a zoning that would
make it nonconforming.
Commissioner
Van Der Weide stated he feels this Board has the flexibility to address this
issue, but he doesn’t think they are doing anything that is not allowed.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari recessed the meeting at 3:25 p.m., reconvening it at 3:35 p.m.
GRAND ROAD
REZONE/Michael & June Modreski
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to Rezone from A-1 (Agriculture) to R-1AA (Single-Family
Dwelling) for approximately 2.31 acres, located approximately ¼ mile north of
the intersection of Grand Road and Howell Branch Road, Michael & June
Modreski, received and filed.
Ian
Sikonia, Planning, addressed the Board to present the request. He stated the R-1AA district requires a
minimum lot size of 11,700 sq. ft. and a minimum width at the building line of
90 ft. The Future Land Use designation
of the subject property is LDR which allows the requested zoning district. The Land Development Code (LDC) requires the
application of the Weighted Method for determining Single-Family Residential
Compatibility in the LDR Future Land Use designation. Staff conducted the lot size compatibility
analysis and determined that it supports the requested R-1AA zoning
classification. He reviewed the
surrounding property. The P&Z
Commission recommended approval of the request.
Staff recommends approval of the request based on staff findings.
Commissioner
Carey stated page 2 of the development order says an alternative source of
irrigation water, such as shallow well, shall be required until reclaimed water
is available. She stated staff
researched that and indicated that would actually put temporary irrigation in
conjunction with a jumper connection to that.
Michael
Modreski, applicant, addressed the Board to state he does not wish to speak.
No one
spoke in support or in opposition.
District
Commissioner Dallari recommended approval of the request with the amended
change as indicated by Commissioner Carey.
Motion by Commissioner Carey,
seconded by Commissioner Van Der Weide to adopt Ordinance #2009-25, as shown on
page ________, rezoning from A-1 (Agriculture) to R-1AA (Single-Family
Dwelling) for approximately 2.31 acres, located approximately ¼ mile north of
the intersection of Grand Road and Howell Branch Road, as described in the
proof of publication, Michael & June Modreski, and approved Development
Order, as shown on page ________, as amended including her comment on the
utilities.
Districts
1, 2, 3, 4 and 5 voted AYE.
AIRPORT
COMMERCE CENTER REZONE/Hugh Harling
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial
Development) on approximately 7.6 acres, located ¼ mile south of the
intersection of E. Lake Mary Blvd. and Beardall Ave., received and filed.
Mr.
Sikonia presented the request. He stated the proposed Preliminary Site Plan
indicates the project will contain a total of 49,950 building sq. ft. which
includes allowable uses in the C-3 and C-2 zoning districts. The applicant is proposing one access point
onto Beardall Avenue. He reviewed the
compatibility with surrounding properties as outlined on page 2 of the agenda
memorandum. The proposed use of this
site allows for a mixture of compatible office, retail, and warehouse uses
allowing for the growth of an employment center in a burgeoning area. Staff finds the requested rezone is
compatible with the surrounding uses and existing development patterns of the
area. Staff has not received any letters
in support, but received one letter (received and filed) in opposition to the
rezone relating to the buffering, hours of operation and drainage. The P&Z Commission recommended approval
of the request. Staff also recommends
approval of the request.
Hugh
Harling, Harling & Locklin Associates, addressed the Board to state he
agrees with staff comments and the P&Z recommendations. He said he will be glad to answer any
questions.
Commissioner
Carey stated the applicant is proposing to build a 6 ft. wall along the west
side and plant a 10 ft. landscape buffer with 8 canopy trees per 100 ft. She stated on the south of the property along
Kentucky Avenue is similar to a break of the HIP-AP zoning area. She said the applicant is proposing a 5 ft.
landscape buffer with 4 ft. subcanopy trees every 100 ft. on the south side and
she would like the applicant to review that further.
Mr.
Harling stated the applicant could look at matching the landscape on the west
side. He stated he could match the
landscaping (2 ft. and 8 canopy trees every 100 ft.) and not build a wall.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner McLean to adopt Ordinance #2009-26, as shown on page
_______, rezoning from A-1 (Agriculture)
to PCD (Planned Commercial Development) on approximately 7.6 acres, located 1/4
mile south of the intersection of E. Lake Mary Blvd. and Beardall Ave., and
approve the Preliminary Site Plan subject to the conditions of the Development
Order, as shown on page ________, as described in the proof of publication,
Hugh Harling, including the modification of the landscape buffer on the south
side, page 2 of 6 of the Development Order, that it would include the condition
as the west side less the masonry wall, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
KENTUCKY SQUARE LARGE SCALE FUTURE
LAND
USE MAP AMENDMENT AND
REZONE/Hugh Harling
Proof of
publication, as shown on page ________, calling for a public hearing to
consider Kentucky Square Large Scale Future Land Use Map Amendment from SE
(Suburban Estates) to HIP-AP (Higher Intensity Planned Development-Airport) and
Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for
approximately 27.6 acres, located at the southwest section of the intersection
of Beardall Avenue and Kentucky Street, Hugh Harling, received and filed.
Mr.
Sikonia presented the request advising the P&Z Commission recommended
denial of the proposed Land Use Amendment from SE to HIP-AP and Rezone from A-1
to PUD. The applicant submitted a
revised request for the proposed transmittal of the Land Use Amendment and
Rezone on July 6, 2009. The applicant is
proposing a revised request from SE to Low Density Residential instead of the
Higher Intensity Planned Development-Airport.
The applicant sent an e-mail indicating they would like to postpone the rezoning
from A-1 to PUD until later in the year because of the recent issues that have
come up with the Land Use Amendment and Rezoning. Staff has received no letters of support, but
has received seven letters (received and filed) in opposition to the HIP-AP
Future Land Use designation request.
Staff has received one letter in opposition to the request for Low
Density Residential. Staff has not had
enough time to review the request for LDR and that request was not advertised
for this application. The P&Z
Commission has also not had an opportunity to hear the LDR Land Use
designation. The LDR is less intense
than the HIP-AP and would be likely to have less impact.
Commissioner
Carey stated the applicant changed the request and it was advertised the way it
was originally submitted. What is before
the Board is the item that was actually advertised and if the BCC were to deny
this, would it cause the issue from coming forward since it is a Large Scale
Amendment and Rezone.
Robert
McMillan, County Attorney, advised the Large Scale Amendment is done twice a
year and the Board could deny it without prejudice. It doesn’t affect the ability to come back
and reapply, but it will affect the adoption cycles.
Dori
DeBord, Planning & Development Director, stated everything that is heard
today is part of the Large Scale Comprehensive Plan cycle. Another cycle will be coming in the fall and
this item could be considered during that time.
The Large Scale cycle is done twice a year and they are in the
twice-a-year process. Staff cannot
continue this cycle to allow for the analysis of the Low Density Residential on
this cycle because they have reached the last date to get it in the timeframe
of two per year. Staff is at a critical
mass to continue this item then they would have to continue everything else
they have done today to transmit later.
Upon
inquiry by Chairman Dallari, Mr. McMillan advised the request has been changed
to another land use and that causes a problem.
Upon
inquiry by Commissioner McLean, Ms. DeBord advised if this item is continued to
August 11, staff could not meet their deadline date to get their twice-per-year
cycle in with the review times to DCA and back to staff in time to get their
second cycle to the BCC.
Alison
Stettner, Planning Manager, addressed the Board to state due to the fact that
staff didn’t have any amendments for the fall cycle, they allowed additional
time for the applicant. Therefore, this
would be the one cycle that they would have applications for this year. There is not enough sufficient time for a
second cycle as the next application cycle begins in September in which they
will be accepting applications for the 2010 Spring Cycle.
Upon
inquiry by Commissioner Carey relating to the Land Use Amendment only, Ms.
Stettner advised staff has done some preliminary amendment reviews. She stated staff has not updated any
information that is required to submit to DCA since it was received on July
6.
Upon
further inquiry by Commissioner Carey, Mr. McMillan advised there is a
provision dealing with zoning about being able to zone to an included zoning
category. He stated going to another
land use category would require another hearing. The Board can deny the request, but if the
applicant withdraws the request, the Board doesn’t need to act on it.
Hugh
Harling, representing the applicant, stated the P&Z disapproved the HIP-AP
request on June 3 by a 4-1 vote. He
stated about a week later, they set up a meeting with the neighbors to the
south and he made a commitment to them that they would convert to Low Density
Residential. He said he understands that
this Board has the right to approve something that was not requested as long as
it is something that is less intense, and it does not have to be
advertised. He added he met with the
community and a 20-year planning period for this property might put it in a HIP
condition, but a much more realistic land use for this in the short term was
Low Density Residential. The community
supported that. He said he applied for a
new concurrency application from the County and that was approved as well as
with the School Board. He added he
submitted a staff report and they have all the information necessary to down
land use this from HIP to LDR. The worst
case that goes to DCA under HIP would be in the neighborhood of 950 units. The worst case that goes to HIP at 7 units
per acre is going to be in the neighborhood of 165 units. He said he has reduced the magnitude of that
by a significant factor and the actual intended use is between 2½ to 3½ units
per acre. Therefore, he believes the
Board can take action by transmitting this to DCA. An aerial map of the proposed site was
received and filed.
Upon inquiry
by Commissioner Carey, Ms. DeBord advised there is no requirement of having a
companion rezoning with LDR. If the
Board decides to take action on changing the application from HIPD-AP to LDR,
there is no requirement for the Board to take up zoning. She stated she would recommend the Board to
deny or ask Mr. Harling to withdraw the zoning request.
Barbara
Buresh, 3381 Eaglewoods Trail, addressed the Board to state she is speaking on
behalf of her neighbors. She stated they
have spent a great deal of time and effort on this issue and the residents are
going to be closely affected by this property.
She said everyone was able to come to an agreement on the use of this
property that satisfies everybody. It
would be devastating to them to have this whole thing be pushed out further
because of an advertising issue.
James
Flavin, 2462 Falmouth Rd., addressed the Board to state he has been a farmer in
this area for about 40 years and he noticed that there is now a name for the
project (Kentucky Square). He stated he
believes this area was called Sanford Celery Delta because of the celery being
grown there. He expressed concern about
the drainage, percolation, trees and growth pattern in the area.
Alan
Herbst, 475 Rosalia Dr., addressed the Board to state he and his wife have five
acres and it will be turned back into a grove.
During hurricanes or tropical storms you can see that most of the
properties out there are under water.
The proposal is a maximum of seven units per acre; but most of the
houses out there are one house to five or ten acres. He stated he doesn’t feel seven houses per
acre is incompatible with the area. He
said he would hope the Board takes everything into consideration in dealing
with this issue.
No one
else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Mr.
McMillan stated the new Comp Plan specifies where you can stack when you do
Future Land Uses and where you can’t.
There is no stacking for HIP designation in the Comp Plan. He stated in his opinion, it is a new
application to do anything else other than the requested Land Use designation
of HIP-AP.
Upon
inquiry by Chairman Dallari, Mr. McMillan advised the less density issue is
open ended. The most recent Comp Plan
basically opens that up to where they originally asked for HDR and if they want
to go to a less density category at the hearing, they can do that. However, there is no stacking on that chart
for any requested HIP.
Upon
inquiry by Commissioner Carey, Ms. DeBord advised staff doesn’t know if there
are any other applications for the Spring cycle. The deadline for that is September 30. She reviewed the transmittal of this cycle as
well as the Spring cycle. She stated
this is the last date that they can transmit to meet the 90-day review process
for DCA and have the appropriate amount of time for staff to answer all of
DCA’s questions in order to get it back to the BCC on time.
Ms.
Stettner added that staff has only 10 days from the public hearing to mail the
entire Large Scale package to DCA. Staff
will not be able to make it with the mailing at the next amendment cycle unless
the Board holds up all three applications.
That will shorten the application period in order to be able to comment
to the Objection and Comment Report submitted by the DCA in order to keep the
amendment cycle in the 2009 calendar year.
Discussion ensued.
Mr.
McMillan stated it may keep staff on schedule if they transmit HIP and then
process it for LDR at the adoption public hearing based on the impact. He stated transmitting this doesn’t mean the
Board is going to do it. The Board could
process it at a lower density then adopt it at the next meeting so it can be
advertised right.
Mr.
Harling stated staff had asked him to put it off for four months and he told
them that he could not. He stated the
reason he said no was staff indicated two months ago that they were unable to
get to this land use change that is taking place on 419. His clients agreed to continue the time frame
and they are up against a deadline that has been created by someone else that
ended up withdrawing before the zoning hearing.
He stated he cannot phantom how they can’t move this forward and come
back with a land use of Low Density Residential. It gets advertised and reviewed and
transmitted, and when it comes back, the Board will either adopt it or not
adopt it.
Upon
inquiry by Commissioner McLean, Mr. McMillan advised the down side is the Board
will get challenged and it gets overturned.
Mr.
Harling stated they will need at least 17 to 20% of the site to go into
drainage retention. That will be five or
six acres. He stated his plan is to put
the retention for the north piece on the southeast corner and it would
discharge in the ditch that Mr. Flavin referred to. The other discharge point is at the southwest
corner where there is a ditch. He added
he has committed to a play area with a half-court basketball, a 50-ft. buffer
along Beardall, the entrance would be on the west of Kentucky, a water
distribution system through the property to the southeast corner, a fire
hydrant will be placed in that area instead of a blow-off, and a 50 ft. buffer
along the southeast corner.
Upon
inquiry by Commissioner Carey, Mr. Harling advised between the Land Use plan
adoption in December and now, his intention is to work through the zoning by
doing a preliminary subdivision plan at that time.
Mr.
Harling informed Commissioner Carey that regardless of what happens with this
cycle, he is willing to work with the residents in moving this forward.
Commissioner
Henley asked what the deadline for transmittal is.
Ms.
Stettner stated the Board today is at the very end of when staff can respond in
order to make the timeframe in which DCA has to review and submit the ORC
report. Staff will get those back at the
beginning of November and then they will have to respond to those
comments. Staff cannot advertise until
they receive the ORC. She stated
December will be the first meeting for them to bring that back.
Commissioner
Van Der Weide stated this is a dilemma created by staff and he is not sure if
there aren’t ways to work around this.
He stated he is in favor of the three vote rule and their decisions need
to be defended by their attorney. He
said he doesn’t feel the applicant or the community should suffer.
Commissioner
Henley stated it concerns him that they don’t have the time if they took it up
at the next meeting as there is time to advertise.
Commissioner
Carey stated she would agree that if they have it properly advertised and properly
noticed for the first meeting in August, staff would have enough time to get it
transmitted. She stated there are three
simple issues that go along with the Comp Plan and are not controversial and
she feels DCA will not have many comments on these issues.
Motion by Commissioner Carey,
seconded by Commissioner Henley to deny the requested Large Scale Future Land
Use Map Amendment from SE (Suburban Estates) to HIP-AP (Higher Intensity
Planned Development-Airport) and Rezone from A-1 (Agriculture) to PUD (Planned
Unit Development) for approximately 27.6 acres, located at the southwest
section of the intersection of Beardall Avenue and Kentucky Street, as
described in the proof of publication, Hugh Harling; and authorize the Chairman
to execute the denial Development Order, as shown on page ________, and
authorize staff to bring back the LDR request for this property on August 11,
2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
Stettner stated staff will be bringing the Comp Plan changes back for public
hearing at that time as well.
Mr.
McMillan stated at the end of the public hearings, the Board will need to make
a motion to continue all the items for the Large Scale Land Use Amendments to
the next Board meeting.
CELERY AVENUE LARGE SCALE
FUTURE
LAND USE
MAP AMENDMENT/Hugh Harling
Proof of
publication, as shown on page ________, calling for a public hearing to
consider Celery Avenue Large Scale Future Land Use Map Amendment from SE
(Suburban Estates) to LDR (Low Density Residential) for approximately 89 acres,
located on the north side of Celery Avenue, approximately 1,200 feet east of
Sipes Avenue, Hugh Harling, received and filed.
Joy
Williams, Planning, addressed the Board to present the request. She stated the LDR designation provides for
single-family detached residences and a maximum density of four dwelling units
per net buildable acre. It also allows
for seven dwelling units per net buildable acre where single-family development
meets the requirements for affordable housing.
The subject property is within an area historically containing
agricultural uses. The Suburban Estates
land use provides one dwelling unit per net buildable acre. The area has been transitioning to Higher
Density Residential uses and development trends to the west and south of the
site and are consistent with the LDR designation. This current application does not include an
associated rezoning request. The final
determination of compatible zoning classification will be accomplished with the
lot size compatibility analysis at the time of the rezoning application. The County shall evaluate plan amendments to
ensure that transition land uses are provided as a buffer between residential
and nonresidential uses between varying intensities of residential uses. Staff finds that the request is an
appropriate transition for the area. The
P&Z Commission recommended approval of transmitting the request. Staff also recommends transmitting the request
to DCA.
Commissioner
Carey stated page 3 of staff’s report speaks to the declaration of aviation
easements and waivers. She stated in all
the properties that the County has done designated changes in that area, the
language relating to requiring aviation easements is in there, however, it is
not indicated in this document and she feels it should be included.
Ms.
Williams stated staff will include that language.
Hugh
Harling, Harling Locklin & Associates, advised he represents Larry Dale,
Daryl McLain and the Flowers family. He
stated the only clarification he has is the 89+/- acres of upland will be
determined by a consultant who will state the wetland line. He stated the SJRWMD has agreed to that. He said in discussion with staff, they are in
agreement that as long as there is not a significant increase and they agree to
a 2% change, if it would not affect the impacts.
Commissioner
Carey stated she would like to know if staff agrees with Mr. Harling’s
comments.
Ms. DeBord
stated staff did not agree to that but it can be the Board’s decision where
they want to make the survey line. The
advertisement is for 89 acres and if they were within 1/10 of an acre, that is
a give or take as to where the survey line will be. She stated 2% of 89 acres could be several
acres one way or the other and that could change the legal description of the
property. She suggested that the Board
make a motion to continue this item to the next meeting rather than making a
motion for approval. If Mr. Harling
could figure out, between the transmittal and the adoption period, how much
acreage it is, staff could advertise that for the adoption of this and get it
settled at that point.
Upon
inquiry by Commissioner Carey, Ms. DeBord advised staff presented at the
P&Z Commission hearing that 89 acres of property was going to LDR. If the BCC is recommending 91 acres, then
that issue has not been presented to the P&Z Commission. Discussion ensued relating to the meaning of
+/- acres.
Upon
inquiry by Commissioner Carey, Mr. Harling advised he is confident that the 89
acres is no more than one acre one way or the other.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner Henley to transmit to the Department of Community
Affairs request to consider Celery Avenue Large Scale Future Land Use Map
Amendment from SE (Suburban Estates) to LDR (Low Density Residential) for
approximately 89 acres, located on the north side of Celery Avenue,
approximately 1,200 feet east of Sipes Avenue, as described in the proof of
publication, Hugh Harling, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Maryanne
Morse, Clerk of Court, left the meeting at this time.
PARK GROVE COURT DRAINAGE
EASEMENT
VACATE/Michael
& Cynthia Jackman
Proof of
publication, as shown on page ________, calling for a public hearing to consider
a Resolution to vacate and abandon a portion of a drainage easement as recorded
on Lot 68, Alaqua Lakes Phase II, in Plat Book 53, Pages 71-74 of the Public
Records of Seminole County, Florida, in Section 14, Township 20 S, and Range 29
E and further described as 3375 Park Grove Court, Michael & Cynthia
Jackman, received and filed.
Alan
Willis, Development Review, addressed the Board to state the applicant is
requesting to vacate the westerly 3.00 ft. of the platted 15 ft. drainage
easement that runs along the back portion of their property. The entire easement is 15 ft. deep and 69 ft.
long. Staff agrees that the vacated
portion will not have any negative effects on the area.
Michael
and Cynthia Jackman were in attendance but did not wish to speak.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-153, as
shown on page ________, vacating and abandoning a portion of a drainage
easement as recorded on Lot 68, Alaqua Lakes Phase II, in Plat Book 53, Pages
71-74 of the Public Records of Seminole County, Florida in Section 14, Township
20 S, and Range 29 E and further described as 3375 Park Grove Court, as
described in the proof of publication, Michael & Cynthia Jackman.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey,
seconded by Commissioner McLean to continue transmittal of Item #72, Kentucky
Square Large Scale Future Land Use Map Amendment, Item #73, Celery Avenue Large
Scale Future Land Use Map Amendment, and Item #68, Seminole County
Comprehensive Plan Text Amendments, to the August 11, 2009 meeting, as
described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
WATER
CONSERVATION LANDSCAPE ORDINANCE (Continued)
Continuation
of a public hearing to consider a revised Water Conservation Landscape
Ordinance, as recommended by the St. Johns River Water Management District, by
amending the Seminole County Code Chapter 270, Part 5, as described in the
proof of publication.
Mr.
McMillan stated the reclaimed restrictions weren’t part of the ordinance and
that came about because of the Yankee Lake permit conditions. He stated SJRWMD’s attorney wanted to know
why the County was addressing reclaimed at all until they discussed the permit
conditions. As a result of all that, he
feels they can go ahead with the first ordinance that doesn’t put restrictions
on reclaimed. He stated he and SJRWMD
will try to determine what the permit conditions say. The reclaim can be done by a customer
agreement rather than dealing with an ordinance.
Maryanne
Morse, Clerk of Court, reentered the meeting at this time.
Mr.
McMillan stated he believes staff recommendation is to adopt version one
ordinance and staff will do something on the reclaim and bring it back at a
later date.
Commissioner
Carey stated page 6 of the ordinance is very specific about the landscaping
irrigation schedule. She stated the
ordinance states that “all landscape irrigation shall be limited in amount to
only that is necessary to meet landscape needs,” and she feels that is
ambiguous and that leads to unnecessary language.
Mr.
McMillan stated that is part of the St. Johns model ordinance and if the Board
doesn’t adopt it that way, then they will have a problem with St. Johns. It is a violation if someone runs their
irrigation for 24 hours on the day they are required to water.
Mr.
McMillan stated no one is going to prosecute that.
Commissioner
Carey stated she feels that putting laws into ordinances that is not necessary
is the most ridiculous thing she has heard.
Motion by Commissioner Carey to adopt a
revised Water Conservation Landscaping Ordinance striking the following
language on page 6, “All landscape irrigation shall be limited in amount to
only that necessary to meet landscape needs.”
The
Chairman called for a second to the motion without response, whereupon the motion died for lack of same.
Motion by Commissioner McLean,
seconded by Commissioner Henley to adopt revised Water Conservation Landscape
Ordinance #2009-24, as shown on page _________, as recommended by the St. Johns
River Water Management District, by amending Seminole County Code 270, Part 5,
as described in the proof of publication.
Districts
1, 2, 3 and 4 voted AYE.
Commissioner
Carey voted NAY.
Chairman
Dallari recessed the meeting at 4:55 p.m., reconvening it at 5:00 p.m.
CHAIRMAN’S
REPORT
Chairman
Dallari stated he received an e-mail from Senator Bill Nelson indicating that
he will be coming to Sanford on August 25 to meet with the Board members. He stated since that day is a Board meeting
day, he would like to schedule time during the afternoon meeting. The Board had no objections.
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Chairman
Dallari stated NACo is launching a one-year pilot program offering a dental
discount card for residents of member counties.
He stated he would like to see about getting the program approved. The Board voiced no objections.
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Chairman
Dallari stated he would like to reschedule the September Board meetings. He recommended combining the September 8 and
September 22 meeting to September 15, 2009, but still hold the September 9 and
September 22 Budget Public Hearings. The
Board voiced no objections.
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Chairman
Dallari stated he spoke to Mr. McMillan last week with regard to doing some
research on the signature authority on time sheets for the BCC aides. He stated Mr. McMillan has issued a memo (not
received and filed) to the Board with regard to that.
Commissioner
Van Der Weide stated to the best of his knowledge the aides work directly for
the Board and when it comes to authorizing time sheets they would sign their
time sheet and then the supervisor, which is the Board, would sign it.
Upon
inquiry by Chairman Dallari, Mr. McMillan advised the lead aide is responsible
for getting the time sheets together and forwarding them to payroll.
Commissioner
McLean stated there was discussion about authority as far as whether the aides
worked individually for each commissioner or they work for the BCC as an
entity.
The
Chairman stated right now they are talking about time sheets.
Maryanne
Morse, Clerk of Court, addressed the Board to state she would like to correct
something in Mr. McMillan’s memo. The
memo indicates that the lead aide does the summary and that is incorrect. The correct process is the lead aide is
responsible for signing the time sheets and then they go to a second aide to do
the summary, which is subsequently sent to payroll. The other added problem that they are going
to have, from her standpoint, is if the commissioners sign their aides’ time
sheets and they are not there at all times.
At that point who is responsible for signing the time sheets if the
commissioner is out of the office.
Commissioner
McLean stated the commissioner is the supervisor and they would have to do what
it takes to sign the time sheets and he doesn’t think that is a big issue.
Mr.
McMillan stated the employee signs their time sheet and the commissioner
(supervisor) will then sign the time sheet, then it is sent to the lead aide.
Ms. Morse
stated that has not been the way it worked since she has been in office for the
last twenty years. She stated if the
Board chooses to change that, that is fine, but remember the commissioners
never signed the aides’ time sheets.
Mr.
McMillan stated he was describing the way it was supposed to be done in accordance
with the County policies. He stated the
policy is the immediate supervisor is responsible for signing the time
sheets. The commissioners can delegate
that authority to someone whether or not they are in the office. The lead aide should be the one signing the
time sheet or have it delegated to someone else.
Commissioner
Henley stated at the time they discussed the change, he pointed out that it
would be up to the commissioners to do the evaluation as well as the
certification of time. He stated he
worked with a system for 40 years and if an employee was absent they would sign
their time sheet and he would sign it and then it would go directly to
payroll. He said he raised this issue
some time ago since he has the responsibility of knowing how many days his aide
has in the bank that could be used for paid time off. He added he felt he should be monitoring
that. The Board needs to come up with an
appropriate procedure.
Commissioner
Carey stated she feels the Board can sign the time sheet or delegate it to
someone. She stated what has happened
since they took action on February 19 that they delegated it to the lead aide,
which was the practice they had previously.
She said the concern she has with the lead aide being asked to sign it
is they feel they are attesting to something that is inaccurate. If the commissioner cannot sign it, then they
need to have a back up.
Commissioner
McLean stated he agrees with what Commissioner Carey has said, but what has
changed here is the reporting model.
Once that changed, they have not had a real reason to change things from
what was traditionally done. He stated
he believes Mr. McMillan explained it well that their new model is a direct
supervisory relationship and that responsibility is under the BCC. The Board needs a backup and they need to
make something definitive and move forward with it.
Commissioner
Van Der Weide stated he doesn’t think there is any catastrophe here other than
fine details needing to be worked out.
Chairman
Dallari stated someone needs to keep track of the time and the lead aide has
been doing that.
Commissioner
Carey stated the process they have had in place has worked well and she doesn’t
feel they need to fix it.
Chairman
Dallari submitted a copy of the BCC Aides Policies and Procedures (received and
filed).
Mr.
McMillan stated his memo covers the issue of what the lead aide does when she
does the summary. The signature should
not be certifying anything more, and the summary is an accurate reflection of
the time sheet not going beyond the lead aide taking the responsibility for the
accuracy that has already been certified.
Commissioner
Carey stated if the Board wants the supervisor to sign or designate someone to
do that, it always goes back to the person filling out the time sheet as being
the responsible party. If that person
says they were gone eight hours and they do not have the ability to do that, it
is ultimately going to fall back on the employee. If they falsify a time sheet that is grounds
for termination with no questions asked.
Mr.
McMillan stated he has too many people to make sure all are in their office at
their desks and if they falsify that, then that is stealing.
Chairman
Dallari stated the aides work for the district and the BCC and not just one
commissioner even though one commissioner supervises his office.
Commissioner
McLean stated his understanding was the aides work directly for each
commissioner.
Mr.
McMillan stated that doesn’t prevent the Board from adopting a policy that
would govern the conduct or the use of the aides as County employees. It is not any different from the County
Manager having management responsibility of all the County employees, but they
are governed by personnel policies just as the executive assistants are.
Commissioner
Carey stated she recalls that the big discussion they had was who was
supervising the assistants. The change
they made was they will no longer work under the County Manager but under the
BCC and be supervised by each elected official.
Ms. Coto
stated the administrative code the Board approved assigned each aide to their
specific commissioner and the supervising arm is not the BCC but each
individual commissioner.
Commissioner
Carey stated she understands that but when that commissioner is gone, that
person doesn’t lose her job. They work
for the BCC and are supervised by the current commissioner. She stated the commissioners do not have the
right to tell them to do something outside the Board policies.
Mr.
McMillan stated the Board is a governing board and everyone works for the
County as well as the executive assistants.
The Board could adopt separate policies that would apply to the
executive assistants working in the Board office that would bind how they would
operate.
Chairman
Dallari stated the lead aide is responsible for coordinating the leave requests
as handled in the past and she handles putting together the payroll as approved
by each Board member. The lead aide is
also responsible for assuring that the office and phones are covered as well as
establishing the hours for lunch and any leave.
Commissioner
Henley stated the policy states that the lead aide will establish hours
including lunch schedule and he suggested changing that to verifying the
hours.
Chairman
Dallari said those are policies that he has written down so that everyone will
be assured that all the offices are going to be handled in the same
fashion.
Upon
inquiry by Commissioner McLean, Chairman Dallari advised what he means is the
Board needs to make sure that the five district offices have proper phone
coverage as well as any issues are being handled.
Commissioner
Henley stated the Board has the authority to use the aides within the confounds
of County policies.
Commissioner
Carey stated the Commissioners play a liaison roll with a number of committees
that serve the public. She stated if a
commissioner is asking their aide to attend a meeting on their behalf because
they cannot be there and it is a board that a commissioner has been appointed
to represent the BCC, that is valid opportunity to be away from their district
office. However, if the aide is asked to
attend a Chamber event and that commissioner is active in the Chamber, then
that becomes a problem.
Commissioner
Henley stated in many instances if a commissioner cannot attend a committee
meeting, another commissioner would be the backup for the one who cannot
attend. If another commissioner cannot
do that, then he feels they can send their aide to attend.
Commissioner
McLean stated the BCC are five busy people and he feels the supervisory model
would be appropriate as long as it is within County policy. He stated if that commissioner feels it is
within the public interest and it is not too outlandish, that gives them
flexibility if they choose to take it.
Chairman
Dallari stated the issue he has is the aides representing the Board in meetings
to the extent where no one will be in the district office, it will be an unfair
burden on other districts.
Commissioner
McLean stated if it got to the point where it will affect others, then that is
something that they would have to think about.
He said he feels they can work together to make sure that doesn’t occur.
Commissioner
Carey stated she found out that when her new assistant was out of the office
doing things, her office wasn’t covered.
She stated she feels that this whole change came about because the Board
wanted their assistants be in their offices and not doing things that were
assigned by the County Manager. If the
assistants are not backing each other up as a team, how does the Board know if
their offices are being covered. It is
important that someone is coordinating to make sure that the offices are
covered, the backups are there and the citizens are being taken care of.
Commissioner
Henley stated the issue here is is it more important for a person, who cannot
participate in discussions and not vote, to attend a meeting or be in the
commissioner’s office to be able to respond to the calls that comes in. He said in his opinion, the public is served
better by that aide being in that office rather being at a meeting that he
cannot attend. He added he will not be
in favor of interpreting a policy to allow that to take place at the discretion
of an individual.
Commissioner
McLean stated when he hired his aide they changed the job description and went
through very extensive interview processes.
He said the challenge he has now is he has an aide who has been on the
job for five weeks and the Board is talking about radically changing what he
thought is something that was in his discretion as a supervisor to do. If the Board decides to make a policy in
which that is not the case, then he will have to deal with it.
Ms. Morse
stated if a function does not serve a public purpose then that aide will not be
entitled to take that as time. She
stated she has no problem with the Board sending their aides to wherever they
want to, but the problem she has is if the Board is going to send their aide to
Disney for the day that’s fine, but it doesn’t serve a public purpose and that
time will be allocated to PTO. If the
PTO time is used up, she then gets placed on a no pay status. She stated if a commissioner says that he is
going to send his aide to a Chamber function for a networking meeting and it
serves a public purpose, she will be changing that. She added how the Board manages their staff
is their prerogative, but what she is going to get involved in is does that time
off serve a public purpose and if the answer is no, it will go to PTO
time.
Commissioner
Van Der Weide stated he would have to disagree with that. He stated if this Board authorizes payment
for lawn mowing, etc. and the Clerk decides that it is not in the best interest
of the citizens, they are still going to get paid. If the Clerk needs clarification, then it
should come back to the Board. If the
Board authorizes a payment, the Clerk doesn’t have a choice but to pay it. He added he doesn’t think the Clerk’s office
is running the County and if the Board authorizes a payment, they need to stand
behind it.
Commissioner
Carey stated when her aide takes off to go to whatever committees she serves
on, she takes PTO or flex time that is within the policies of the County. The Board needs a policy to make sure their
offices are being covered for the best interest of the public.
Commissioner
Henley stated if the Board decides to clarify their policies then they can
avoid a lot of the confusion. In his
opinion, the Board does not have the right to arbitrarily change the County’s
job descriptions for aides or the County employees’ policies. He stated he feels they are restricted by the
adopted policies until that policy is changed, then they can minimize a lot of
the confusion. He said he feels it is
very simple for the Board to say that the aides will not be permitted to go to
meetings out of their offices unless it serves a County purpose for the
citizens.
Chairman
Dallari stated he would like to have the ability to work with the County Attorney
and County Manager and bring back something at the next meeting. The Board voiced no objections.
COMMUNICATIONS
AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Letter
dated June 16, 2009 from Ken Terrell, Friends of Lake Howell, to Chairman
Dallari re: Red Bug Road Outfall Project.
2.
Copy of
letter dated June 22, 2009 from Brian Nipe, Leisure Services, to Jennifer
Mavrofrides re: donation in memory of Martha Mavrofrides.
3.
Copy of
letter dated June 22, 2009 from Brian Nipe, Leisure Services, to Janet Gilliand
re: donation in memory of Jack and Betty Waltman.
4.
Letter
dated June 23, 2009 from Mayor Linda Kuhn, Sanford, to Chairman Dallari and
members of the BCC re: 13th Street Beautification Request for
funding to U.S. 17-92 Community Redevelopment Agency. (cc: Planning &
Development)
5.
Copy of
letter dated June 23, 2009 from Lisa Saliba, Office of the Governor, to BCC re:
Commuter Rail. (cc: Co. Mgr., Engineering)
6.
Letter
dated June 24, 2009 from Gloria A. Ringling, Maitland, FL, to Chairman Dallari
re: opposition to Library RFP.
7.
Copy of
letter (w/attachments) dated June 24, 2009 from Minda Logan, United Arts of
Central Florida, to Jane Peterson re: Quarterly Report: April 1 – June 30,
2009.
8.
Copy of
letter (w/attachments) dated June 25, 2009 from Maryanne Morse, Clerk of the
Court, to CH2M Hill, Inc., re: Demand Letter regarding PS-5190-05/DRR Master
Agreement with Seminole County.
9.
Letter
dated June 29, 2009 from William R. Blanton, Jr., FEMA, to Chairman Dallari re:
proposed modified flood elevation determinations affecting the Flood Insurance
Rate Map (FIRM) and Flood Insurance Study (FIS) report for Seminole County,
Florida. (cc: BCC, Public Works, GIS,
Deputy Co. Mgr.)
10.
Letter
dated June 22, 2009 from Congressman John L. Mica, Congress of the United
States, to Chairman Dallari re: kick-off of new transportation service for
north Seminole County and Sanford area Veterans. (cc: Com. Assistance)
11.
Letter
(w/attachments) dated June 22, 2009 from Harold W. Barley, MetroPlan, to
Chairman Dallari re: 10% reduction in funding for FY beginning October 1,
2009. (cc: Fiscal Services)
12.
Letter
(w/attachments) dated June 30, 2009 from Mike Napier, Florida Department of
Health (FDOH), to Chairman Dallari re: FY 2008/09 Contract between BCC and FDOH
for operation of the Seminole County Health Department. (cc: BCC, Co. Mgr.)
13.
Notice
of June 16, 2009 City of Sanford Public Hearing re: Revised Development
Agreement for Gateway Riverwalk LLC. (cc: BCC, Co. Mgr., Planning & Development)
14.
Notice
of July 9, 2009 City of Lake Mary Public Hearing re: site plan w/variance for
funeral home located at 5000 CR 46A. (cc: BCC, Co. Mgr., Planning &
Development)
15.
Letter
dated June 29, 2009 from Michael Page, Florida Department of Agriculture and
Consumer Services, to Chairman Dallari re: Mosquito Control Program Compliance.
(cc: BCC, Co. Mgr., Deputy Co. Mgr., Public Works {for response})
16.
Letter
dated July 1, 2009 from Mary S. Koevenig, Oviedo, to BCC re: opposition to
Library RFP.
17.
Copy of
letter from Drew Jeter, CH2M Hill, to Maryanne Morse, Clerk of the Circuit
Court, re: Response to Demand Letter for PS-5190-05/DRR Master Agreement with
Seminole County.
18.
Notice
of July 16, 2009 City of Sanford Public Hearing re: re-establishment of
commercial uses on non-conforming property located at 800 French Avenue. (cc: BCC, Co. Mgr., Planning & Development)
19.
Letter
(w/attachment) dated June 30, 2009 from Bruce Skwarlo, Central Florida Sports
Commission, to Chairman Dallari re: May 2009 Monthly Activities Report.
20.
Copy of letter
dated July 8, 2009 from Michael McLean, Vice Chairman, to Seminole County
Leader re: participation on 2010 Census
Complete Count Committee.
21.
Copy of letter
dated July 8, 2009 from Dori DeBord, Planning and Development, to Fred Milch,
ECFRPC, re: Rybolt Park DRI.
22.
Copy of letter
dated July 9, 2009 from Linda S. Watson, LYNX, to Cindy Coto, County Manager,
re: LYNX Budget Submittal for FY 2010.
23.
Copy of
letter dated July 9, 2009 from Melissa C. Clarke, Assistant County Attorney, to
Charles W. Todd, 5079 CR 20, Mount Gilead, OH, re: Intent to Foreclose on
Property located at 614 E. Orange Street, Altamonte Springs, FL.
24.
Notice
of Florida Public Service Commission upcoming Public Hearings re: Petition for
increase in rates by Progress Energy Florida, Inc. (cc: BCC, Deputy Co. Mgr.,
Adm. Svc.)
25.
Letter
(w/attachments) dated July 1, 2009 from David Johnson, Seminole County Property
Appraiser, to Chairman Dallari re: BCC Department of Revenue DR420 Forms.
26.
Letter
(w/attachments) dated July 1, 2009 from David Johnson, Seminole County Property
Appraiser, to Chairman Dallari re: Seminole County/Municipal Fire District
Department of Revenue DR420 Forms.
27.
Letter
(w/attachments) dated July 1, 2009 from David Johnson, Seminole County Property
Appraiser, to Chairman Dallari re: Seminole County Unincorporated Road
Improvement District Department of Revenue DR420 Forms.
28.
Letter
(w/attachments) dated July 1, 2009 from David Johnson, Seminole County Property
Appraiser, to Chairman Dallari re: Seminole County Unincorporated Stormwater
Management Department of Revenue DR420 Forms.
29.
Letter
dated July 8, 2009 from State Senator Andy Gardiner to Chairman Dallari re:
Senate Bill 788 Relating to Gaming. (cc: BCC)
30.
Letter
(w/attachment) from Linda Sundvall, Altamonte Springs City Clerk, to Chairman
Dallari re: Voluntary Annexation of Properties Contiguous to Altamonte Springs.
(cc: BCC, Co. Mgr., Planning & Development)
31.
Memorandum
(w/attachment) dated June 22, 2009 from Brian Short, Republic Services, Inc.,
to BCC re: Republic Services/Oviedo Solid Waste Benchmark Survey.
32.
Letter
(w/attachment) dated July 7, 2009 from Robert Holmes, Jr., University of
Florida (UCF), to Chairman Dallari re: UCF Foundation’s Annual Report for FY
2007/2008.
33.
Copy of
letter (w/attachment) dated July 13, 2009 from Cathy Galavis, Department of
Revenue, to David Johnson, Property Appraiser, re: Review of budget request for
period of October 1, 2009 through September 30, 2010.
34.
Letter
(w/attachment) dated July 15, 2009 from Mayor John Bush, Winter Springs, to
Chairman Dallari re: Resolution 2009-04, related to potentially outsourcing the
management of the County Library System.
35.
Memorandum
(w/attachment) dated July 14, 2009 from Joseph Abel, Leisure Services Director,
to BCC, Co. Mgr., and Deputy Co. Mgr. re: Museum of Seminole County History
Annual Review.
36.
Letter
dated July 17, 2009 from Ross Pagano, Friends of the Library, to BCC re:
Continue funding for Seminole County Library System.
37.
Notice
of City of Longwood Public Hearing on 8/3/09 at 7:00 p.m. re: Variance for
Fichard Grimaldi, 355 N. Ronald Reagan Boulevard. (cc: BCC, Co. Mgr., Planning
& Development)
38.
Letter
dated July 16, 2009 from David Johnson, Property Appraiser, to Chairman Dallari
re: Seminole County Board of County Commissioner’s proportionate share of
approved total budget for FY 2009/2010. (cc: BCC, Co. Mgr.)
39.
Letter
dated July 16, 2009 from David Johnson, Property Appraiser, to Chairman Dallari
re: Seminole County/Municipal Fire District’s proportionate share of approved
total budget for FY 2009/2010. (cc: BCC, Co. Mgr.)
40.
Letter
dated July 16, 2009 from David Johnson, Property Appraiser, to Chairman Dallari
re: Seminole County Unincorporated Road District’s proportionate share of
approved total budget for FY 2009/2010. (cc: BCC, Co. Mgr.)
41.
Orange
County Housing Finance Authority (OCHFA) 2008 Annual Report.
42.
Petition,
as shown on page ________, submitted July 21, 2009 re: Save Our Seminole County
Libraries.
43.
Petition,
as shown on page ________, submitted March 19, 2009 re: Opposition to the
construction of the Myrtle Street Worship Center/Mosque as proposed by Mr.
Jaffer Gulamali.
44.
Copy of
letter (w/attachments) dated July 20, 2009 from Jason Searl, Gray-Robinson, to
Tina Williamson, Senior Planner, re: Beech Outdoor Advertising Sign Agreement
Application.
45.
Letter
(w/attachment) dated July 22, 2009 from James Davis, University of Central
Florida, to Chairman Dallari re: University of Central Florida-2010 Draft Campus
Master Plan. (cc: BCC)
46.
Letter
(w/attachment) dated July 22, 2009 from Diane Pickett Culpepper, Bright House
Networks, to Chairman Dallari re: New Video on Demand (VOD) service called
Central Florida Communities on Demand.
47.
Copy of
letter dated June 26, 2009 from Brian Richardson, State of Florida, to Alan Harris,
Emergency Management Manager, re: notice of intent to extend the Seminole
County Comprehensive Emergency Management Plan (CEMP). (cc: BCC, Co. Mgr.)
48.
Letter
(w/attachment) dated July 23, 2009 from Hugh Harling, Harling Locklin &
Associates, to Chairman Dallari and BCC re: Final Engineering Plan Review for
Deer Lakes, Project #07-05500015. (cc: County Mgr., Planning and Development,
Development Review)
49.
Letter
dated July 24, 2009 from Mayor Linda Kuhn, City of Sanford, to Chairman Dallari
and BCC re: Supporting request to deny July 28, 2009 BCC Meeting Agenda Item
72: Kentucky Square. (cc: County Mgr., Planning and Development)
DISTRICT
COMMISSIONERS’ REPORT/COMMITTEE REPORTS
Commissioner
Henley stated he attended the Metro Board meeting where Nasio Hadad (phonetic),
Manager of the Passion for Rail Development for DOT, gave a lengthy and
detailed report (not received and filed) showing the future of commuter rail in
Florida. He also submitted a copy of an
analysis (received and filed) of the Florida Senate Vote on Commuter
Rail/Insurance Bill. The analysis shows
that they were not very effective in getting support of their representatives.
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Commissioner
Henley stated he attended a High-Speed Rail meeting last Friday sponsored by
Central Florida Partnership and Central Florida Transportation Corridors Task
Force. There were very lengthy
discussions relating to high-speed rail.
One of the things that came out of that is a new group called ConnectUs
is trying to help people to understand what the vision is and to connect all
the areas. Information and brochures on
High-Speed Rail were received and filed.
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Commissioner
Henley stated he attended the Central Florida MPO Alliance in Polk City and the
big issue discussed was a group that had been appointed to bring a Strategic
Planning Workshop together. That group
analyzed the effectiveness of the Central Florida MPO Alliance and they want a
new vision and a new mission and they want to rebrand the Central Florida MPO
Alliance. He submitted a draft of the
strengths, the weakness, and the opportunities.
The group perceived that they do not have any authority to implement
anything. There was a two-hour discussion
about rebranding the Alliance and what it is going to do. He stated at the conclusion they indicated
that they wanted more meetings and he spoke up and said he does not want more
meetings. The jurisdictions are not
going to give up that authority to make the decisions to that board. He said he would like for this group to have
more authority to try to implement things.
He informed the Alliance that there is no reason why they should meet
unless they can come up with an action plan.
A copy of the draft Strategic Planning Workshop Plan was received and
filed.
Commissioner Van Der Weide stated
he can remember when the MPO Alliance and Orange, Volusia and Lake County was
eventually invited. He stated he feels
this has gotten away from MPO and it looks like it is trying to control them.
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Commissioner
Henley stated he just received a report from staff relating to Sun State Trees
that they are still not in compliance.
Staff’s report indicates that new material has been brought in to the
site. He stated he hopes this Board will
seek a court order to make them comply.
The agency is trying to annex into Casselberry. Staff also reported that mulch has been
delivered to the site on Longwood Hills Road.
Motion by Commissioner Henley,
seconded by Commissioner McLean to authorize staff to seek a court order to
make Sun State Trees comply.
Under
discussion, Mr. McMillan stated what the County will basically do is submit an
injunction making them cease and desist the things they are no longer authorized
to do because they no longer have a COPCN.
Commissioner
Henley stated what he is interested in is what action is necessary to force
them to come into compliance with the agreement.
Mr.
McMillan stated there are two issues with them.
One is they do not have a COPCN so they shouldn’t be doing any
processing. The second issue is they are
not into compliance with the special exception hearing that was approved
relating to the site plan with conditions.
He stated the main issue to deal with is the COPCN.
Commissioner
Henley stated he would prefer taking action with both issues and that is the
intent of the motion. Commissioner
McLean stated he will agree with that.
Districts
1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Commissioner Van Der Weide, Mr.
McMillan advised if Sun State is successful in annexing into the city of
Casselberry, the County would lose jurisdiction over the land use issue and it
would become the city’s problem. He
stated he believes they would still need a COPCN from the City.
Commissioner
Henley stated if there is an effort of obtaining a court order, then the City
may get the message and they may not want the problem.
Chairman
Dallari requested staff to check with the city of Casselberry to see if Sun
State applied for an application to annex.
Ms. Coto
stated she understands that they have applied for an application, but she will
verify with the City.
Mr.
McMillan stated Sun State couldn’t get the site plan approved under the current
regulations. It would be best for them to
come into compliance with the current site plan rather than modifying it. If they try to modify it, there would be
additional restrictions placed on the site.
Commissioner
Carey stated it is a compliance issue and she feels their site plan would never
accommodate what they needed to do on that site. They will either have to amend the site plan
to get it into compliance or they will try to annex the property.
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Commissioner
Carey stated on June 29 she attended a kick-off celebration for a new transportation
system for Seminole County veterans.
She stated this bus transit service runs from the Central Florida
Regional Hospital to the newly renovated veteran’s clinic that opened last year
in Orange City. Lynx has donated a
vehicle which will run between the two facilities. This project is a wonderful example of how
organizations working together can benefit the citizens. Congressman Mica also attended the event
along with the area veterans.
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Commissioner
Carey complimented the town of Geneva for their Fourth of July parade as it was
a wonderful event and there was a great turnout. She was impressed with the flyovers.
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Commissioner
Carey stated she represented the Board at the Metro Orlando EDC reception on
July 16 and she presented an economic briefing to the group.
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Commissioner
Carey stated she attended the Leisure Services kick-off for their Parks and
Recreation Accreditation Review on July 21.
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Commissioner
Carey stated at the July East Central Florida Regional Planning Council meeting
they discussed and approved the budget.
The Council recommended a reduction from 19 cents per capita rate and
they came back with a greater reduction rate of 0.18269 cents.
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Commissioner
Carey stated she attended the First Street Re-Grand Opening and she also
participated in the city of Casselberry’s Historical Marker placement and
dedication at City Hall.
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Commissioner
Carey stated “How Shall We Grow” on Friday, August 21 will be celebrating their
first year anniversary at the Orlando Airport Hyatt from 9:00 a.m. to 11:30
a.m. She recommended having one staff
member present in order to answer questions.
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Commissioner
McLean stated he attended the Florida Association of Counties meeting on June
24 and they discussed the victories and defeats of the session as well as the
annual conference.
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Commissioner
McLean stated the Hometown Democracy (Amendment 4) has enough petitions to be
placed on the 2010 ballot. There was a
meeting around the end of June with residents against Amendment 4. He said he is involved with that as this is
something they need to get the word out about.
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Commissioner
McLean stated he attended the Geneva Fourth of July Parade and he was impressed
with the flyovers as well. He stated he
attended the city of Sanford’s celebration and he ended up at the Lake Mary,
Oviedo and Winter Springs events as well.
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Commissioner
McLean stated he had a chance to speak about SeminoleWay to the Chamber
Economic Development Committee on July 7.
He said he had a chance to update them as to where they are at with
SeminoleWay and to discuss what the next step in getting the EDC involved with
getting potential businesses to look at the 417 corridor.
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Commissioner
McLean stated the Public Service Commission was doing a roving tour at the Lake
Mary Event Center on July 15 with regard to Progress Energy potentially raising
rates and he was asked to do an introduction.
There was a lot of feedback at that event.
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Commissioner
McLean stated he would like to thank Commissioners Dallari and Van Der Weide
for attending the Wayne Densch Performing Arts Center Annual Meeting. He stated they have been able to leverage the
dollars ($50,000) that they have committed in the past as well as the Sanford
CRA at least 3 to 1.
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Commissioner
Van Der Weide stated everything is going as normal in his district. He said he is continuing to work with the
veterans and they have an interesting event coming up on Saturday, August 8,
called the Seminole County Stand Down.
He said Judge Simmons and a lot of great volunteers are working with the
homeless veterans in bringing services available to them.
Commissioner
Carey recommended providing that information to staff to get it on the website.
Ms. Coto
advised it is already on the website.
Commissioner
Van Der Weide read some of the agencies and local people that are working on the
project. He stated if anyone is
interested, they can put them to work.
Commissioner
Carey stated the good news is Central Florida only had less than 200 homeless
veterans and that number is down significantly.
Upon
inquiry by Commissioner Henley, Commissioner Van Der Weide advised the event
will be held on August 8 from 8:30 a.m. to 2:30 p.m. and it is only addressing
homeless veterans in Central Florida.
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Commissioner
Dallari informed the Board that there is a meeting this evening at the River
Run Christian Church on CR 419 relating to the CR 419 project.
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Commissioner
Dallari stated he will be working with Mr. Harlan Hanson, city of Oviedo,
relating to the city’s downtown master plan.
COUNTY
MANAGER’S REPORT
Ms. Coto
stated staff advertised a Request for Proposal (RFP) on June 12 for Library
Management Services. The responses were
due on July 15 and staff received only one response from LSSI of Germantown,
Md. An Evaluation Committee was
assembled to review the proposal. She
stated LSSI gave a significant cost reduction of approximately $1 million but
it was in labor savings. Those labor
savings were by transferring out higher paid employees and bringing in lower
paid clerical employees. The committee
reviewed the analysis and came to the conclusion that there was a significant
reduction in services associated with the proposal. The committee looked at whether or not they
could maintain the level of services and save money by privatizing. The committee recommended that the RFP be
rejected and she concurs.
Commissioner
Carey stated she feels the County has to look at the makeup of the libraries
and they need to look at some of the suggestions that have come out of that as
part of the budget process. She stated
libraries’ functions have changed and they are continuing to change as
technology continues to grow.
Mr. Coto
stated the committee really looked at what services they are providing and how
they could reduce some of the staffing levels as well as cross train some of
the staff. She stated the libraries have
changed significantly as they have become a much more social outreach arm to
the communities.
Commissioner
Carey stated the good thing that came out of this is the public awareness about
the libraries and hopefully, just because they decided not to move forward with
privatization, she hopes they don’t forget about it as the problem is not
solved.
Commissioner
McLean stated he feels they should look at some of the recommendations to see
if they can make a good system better.
COUNTY
ATTORNEY’S REPORT
Mr.
McMillan stated he was not aware that Alan Davis was taken back to Code
Enforcement. He stated the County has an
injunction against Mr. Davis to keep him in compliance with the Code. He said his intention is to direct staff to
prepare a motion for contempt in order to get the Court to deal with the
violation. The County already placed
$800,000 worth of liens on his property and he doesn’t think fining Mr. Davis
$100 a day is going to motivate him to change his behavior. It is going to be up to a judge whether or
not they put him in jail for criminal contempt.
He stated he would like Board direction to prepare that motion. The Board had no objections.
ITEMS FOR
FUTURE AGENDA
Margie
Johnson, 520 Veracliff Court, addressed the Board to submit 2,400 signed
Petitions, as shown on page ________, from residents who represent the citizens
of Seminole County who do not want the libraries taken over by a private
company, and they are very grateful that will not happen. The citizens also expressed their support for
library funding. She continued by
discussing the libraries already taking hard hits and the citizens expressing
their profound hope that library funding will not be cut further. She submitted a list (received and filed) of
those citizens who signed the petitions opposing outsourcing the Public Library
System. She informed the Board that they
also have 1,300 signatures on their online petition, and close to 1,000 that
signed are from Florida but others came from 41 other states and 16 countries
around the world. The whole world values
the library and does not want it diminished.
Many people of all ages and families go to the libraries for reading
programs and to use computers for job searches or obtain books that they
couldn’t afford at the book store. She
referred to an article from the Summer 2009 Planning Commission Journal
entitled, Rivalries at the Heart of
Our Communities and she read a quote from that.
Commissioner
Carey stated she met with the Friends of the Library and some of the
suggestions they had would be really great.
She stated she would like the County Manager to look at closing the
libraries on Fridays across-the-board.
She said she would like to know what the financial effect would be if
they only open the Central Branch on Friday and Sunday and close the other
libraries on those two days. The Friends
of the Library are willing to help in any way they can with continuing funding
the library.
Chairman
Dallari recommended that the members of the Friends of the Library submit their
recommendations to his office and he will provide that information to each
Board member.
Commissioner
Henley stated he is happy to see all of those petitions but he wished those
were submitted to the Legislature when they were in session when they were
continuing to cut the resources for this County. He stated staff did what they thought would
help from the standpoint of finding out what it would cost and how much savings
there could be. The good thing about it
is it raised the library and the County’s circumstances before more
people. He said he wished the citizens
were asked the question if they would be willing to support an increase in
revenue. In order for the Board to bring
the library up to a higher degree the County is going have to cut other
services. It is tragic that something
like this has to be raised in order for the public to get involved. He said he has an opportunity and an
obligation to thoroughly educate the public as to the circumstances this Board
is facing in regard to maintaining the level of service that this County has
become accustomed to.
Commissioner
Carey stated when the County considered expanding the library a couple of years
ago, they polled the public to see if they were interested in having a special
taxing district to fund that. She stated
only 6% of the public were willing to pay any additional monies for that. The positive thing that came out of this is
they are going to have panel discussions.
They can make the citizens aware of the fact that it is funded out of
the County’s General Fund, and how they can move forward in the future to
sustain the quality of service of their libraries.
Commissioner
Van Der Weide stated if the citizens are willing to pay additional revenue,
they are talking about additional property taxes. He stated everyone is telling him that they
want to lower the County’s expenses but they do not want their issues touched.
Mary
Elizabeth McIlvane, 504 Orange Dr., addressed the Board to state she has lived
in the area for 27 years and she is a writer and a reader and most of those
years she has used the library card. She
spoke against the cutting of the library funds.
She stated she had to spread the word about the importance of the
library and what that means. She spoke
with regard to the following: the library being a community touch stone; words
are unique to the human species; library services are essential; libraries can
cause an economic ripple effect; and the citizens being aware of the decrease
in revenue services and budget reductions.
Chairman
Dallari stated he understands that the library is the backbone of the
community. He urged the citizens to
speak to the Friends of the Library as well as the Board members on a
one-on-one basis.
Jennifer
Coe, 5101 Brenwood St., addressed the Board to read her comments into the
Record relating to the public library becoming a treasure chamber, how the
library sparked her love for books, why would a private library hinder her
willing to read, the need for a public library, and how libraries allow
children ask questions about the world and find the answers.
Commissioner
Henley stated the Board has heard a lot about the interest and importance of
libraries. He stated he feels it is time
that this community come to the understanding that providing library services
doesn’t have to be the sole responsibility of this commission. Every high school, middle school and
elementary school has a library and those could be opened after school is out
(from 3:00 p.m. to 9:00 p.m.) for students to come in and get books. He stated before he left Lyman High School
the students were allowed to check out laptops and stagger the library schedule
to where the students or citizens could come in after hours to use that
library. He added the same people who
pay for the libraries in the public school system pay for the County system as
well. He added this is a matter of change
of attitude and policy.
Commissioner
Van Der Weide stated he recommended to the School Board not to build any more
high schools without putting libraries
on exterior walls, so that they can have an entrance from the parking
lots. He stated it seems to him that
would be one of the practical ways of doing what Commissioner Henley is
recommending.
Chairman
Dallari clarified the County Manager is not recommending moving forward with
privatization and it is not going to happen.
Deanna
Schott, 2056 Hutton Pt., addressed the Board to state the League of Women
Voters is not here for any special interest other than those of their
citizens. She stated if the League would
have been called upon, they could have been a bigger service to the
constituents of Seminole County. She
urged more conversation and team work between the Board and the citizens. She said she would like to offer the services
of the League to be a liaison to that.
Commissioner
Carey stated the Central Florida League of Women Voters did step up to the
plate on the transportation issue and they did a lot of foot work to advocate
for commuter rail. She stated she liked
Commissioner Henley’s recommendation of partnering with the schools, the
Friends of the Library, and the volunteers to expand the library system through
the high school libraries. There were
discussions about using Seminole Community College’s library and that
opportunity may still be there.
Ms. Schott
stated she will discuss that with the League as their sole purpose is to do
things that are best for the citizens of Seminole County.
Jan
Leibin, 4044 W. Lake Mary Blvd., addressed the Board to state she has lived in
Seminole County since 1968. She stated
when she first moved here there was no library and they had to go to Orlando. She discussed the importance of having a
library in their area and she urged the Board to keep the libraries open.
Speaker
Request and Written Comment Forms were received and filed.
Chairman
Dallari stated it may be beneficial for the Board to work with some of the
residents to try to put a comprehensive plan together about some of the issues
as well as with the School Board members and bring it back to the Board.
Commissioner
Carey recommended expanding the Library Advisory Board and have them review
those issues.
Ms. Leibin
stated the League of Women Voters were instrumental in getting the libraries
going in Seminole County. She stated she
feels that e-mails need to be set up to send to the residents to let them know
what is going on in the County.
Chairman
Dallari stated the County does have a newsletter and SGTV as well as
e-mail.
Commissioner
Carey stated she feels Ms. Leibin’s point is if the community is involved they
are more apt to be engaged in helping to solve the issues. When the community was engaged in it
directly, it had a greater impact than all the things they do on SGTV or the
County’s website.
Ms. Leibin
commended the Sanford Herald, Oviedo and Winter Springs
Voice and the Seminole Chronicle for being the only ones
that cover Seminole County.
Commissioner
Henley reminded everyone that the County has many Citizens Advisory Committees
that cover many issues in the County. He
stated if anyone is interested in serving on one of those committees, they can
fill out an application to serve.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 7:05 p.m.
ATTEST________________________Clerk_____________________Chairman