BOARD OF
COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
AUGUST 24,
2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday,
August 24, 2010, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting
of said Board.
Present:
Chairman Bob Dallari (District 1)
Vice Chairman Brenda Carey (District 5)
Commissioner Mike McLean (District 2)
Commissioner Dick Van Der Weide (District
3)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Rabbi
Joshua Neely, Temple Israel, Winter Springs, gave the Invocation.
Commissioner
Brenda Carey led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt
appropriate Resolution #2010-R-171, as shown on page _______, in support of the
conversion of the American Heritage River Initiative into a program and requesting
that the U.S. House of Representatives Natural Resource Committee consider
program authorization in this session of Congress.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Kathy Ramsberger, President, Dr. Phillips Center,
addressed the Board to give a PowerPoint Presentation (not received and filed), Project Overview/Update,
on the Dr. Phillips Center for the Performing Arts. Ms. Ramsberger introduced those in attendance
with her today: Jeanine McKennon, Rachel
Steel, Betsy Grenade; Melvin Philpot (volunteer) and Nancy Irish
(volunteer). She reviewed the following
topics: Our Mission; Where We Are Today;
Project Sources; Design, Construction & Staging; Project Design Team;
Construction Schedule; Magnolia Avenue View (picture); Plaza View (picture);
Master Plan – PAC Vision Site Design; Phase 1- Stage 1 Site Design; Staging
Approach; West Elevation; South Elevation; Disney Theater; Multi-Form Theater;
Community Theater; Additional Features; Programming; Arts Education Community
Outreach; Leadership; Committees; Mayors’ Citizen Oversight Committee; Peer
& Design Reviews; The Circle (Regional Representation); Impact on Our
Community; Committed Donors; We Need Your Support (to expose the project to
Seminole County and help get the word out).
Ms. Ramsberger advised the Dr. Phillips Center is expected to open in
2013/14.
Commissioner McLean said he thinks this is an
opportunity for the Board to be a regional player in the cultural arts. This has been a long time coming. He said this is a spectacular project and he
thinks Ms. Ramsberger can count on the Board’s support and help as she goes
through the process.
Chairman Dallari said he knows transportation
getting in and out will be key to this project, but he
did not see that much parking space. Ms.
Ramsberger advised there are 6,000 parking spaces around the nine acres she
showed for a 10-minute walk. She has
looked at valets for parking, working with Lynx and the light rail that is coming
in.
Commissioner
Carey stated she knows that Downtown Orlando has limo service, and she is sure
it is in their plan about getting to the Performing Arts Center. If not, Ms. Ramsberger can talk to Lynx about
that.
Chairman
Dallari thanked Ms. Ramsberger for the presentation.
COUNTY MANAGER’S CONSENT
AGENDA
Joe Forte,
ACM, addressed the Board to advise that Item #4, Award of IFB-600931-10/GGM, is
pulled for staff to review and bring
back at a future meeting. He referred to
the first sentence of Item #16, 2010 Library Services Latchkey Children Policy,
Page 2, under Section (3) of the Administrative Code, and amended it to read “A
responsible adult or caregiver shall accompany children of ten (10)
years of age or under while they are using the Library.” Mr. Forte also advised the figures for Item
#23 have been corrected to be $512,111 available from reserves in the 2nd
Generation Sales Tax Program and $387,889 in ARRA funding. He further advised that revisions were made
to the Resolution for Item #31, Issuance of Capital Improvement Revenue
Refunding Bond, Series 2010, which have been approved
by the County Attorney.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve and authorize the following:
Purchasing & Contracts
Division
3. Authorize payment to AT&T Southeast, Inc., Orlando, in accordance
with AT&T Agreement #10-3383-00 in the amount of $288,456.77 for the
purchase, installation and maintenance of the 911 Equipment at the Sheriff’s
Office Disaster Recovery location.
4. Pulled from the agenda request to award
IFB-600931-10/GGM, Term Contract for Waste Tire Recycling for Seminole County
Landfill to Global Tire Recycling of Sumter County, Inc, Wildwood. Estimated annual amount of
$50,000.00.
5. Award IFB-600926-10/TLR, as shown on
page _______, Term Contract for Basic Lawn Maintenance to Greenmark, Inc.,
Maitland, and authorize the Purchasing & Contracts Division to execute same.
Estimated not-to-exceed
amount annually of $135,954.00.
6. Award
IFB-600934-10/TLR, as shown on page _______, Term Contract for Overhead Door
Maintenance to A-N-R Door Systems Inc., Apopka, Florida, and authorize the
Purchasing Manager to execute same.
7. Approve an increase to the Board-approved
estimated annual usage under PS-3914-08/VFT, General Environmental Services, by
an additional $600,000.00 per year. In
addition, approve and authorize the Purchasing and Contracts Division to
execute Work Order #11, as shown on page _______, in the amount of $452,142.72
with PBS&J of Orlando, Florida.
8. Award IFB-600940-10/GMG, as shown on
page _______, Term Contract for Furnishing and Installation of Traffic Signals
Systems and Related Equipment to United Signs & Signals, Inc., Tavares;
Traffic Control Devices, Inc., Altamonte Springs; and Chinchor Electric, Inc.,
Enterprise, and authorize the Purchasing Manager to execute same.
Environmental
Services
Business Office
9. Approve the release of the original Cash Maintenance Bond with
Escrow Agreement for the project known as Geneva School @ Grand Ave. in the
amount of $1,450.00. (K & S Investments, LLC)
10. Approve the release of the
original Cash Maintenance Bond with Escrow Agreement for the project known as Pools
by Bradley in the amount of $1,294.87. (DBM Puddles, LLC)
11. Approve the release of the
original Cash Maintenance Bond with Escrow Agreement for the project known as WB
Equestrian Center in the amount of $252.62. (PSM, LLC)
12. Approve the release
of the original Cash Maintenance Bond with Escrow Agreement for the project
known as Family Dollar/Just Brakes in the amount of $3,905.00. (CSC Sanford
Partners, LLC)
Fiscal Services
Budget Division
13. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-169, as shown on page
_______, implementing Budget Amendment Request (BAR) #10-91 through the General
Fund in the amount of $960,287 to appropriate funds from Sprint/Nextel to
upgrade current 800 MHz radio equipment to federal standards.
14. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-172, as shown on page
_______, implementing Budget Amendment Request (BAR) #10-94 through the General
Fund in the amount of $900,000 to provide funding for a Supplemental Community
Assistance Project.
15. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-173, as shown on page
_______, implementing Budget Amendment Request (BAR) #10-98 through the
Facilities Maintenance Fund in the amount of $50,000 to appropriate funds for
designing the replacement of HVAC Chillers at the Public Safety Building.
Leisure Services
Library Services
Division
16. Approve and
authorize the Chairman to execute appropriate Resolution #2010-R-182, as shown
on page _______, adopting the 2010 Library Services Latchkey Children Policy (as
revised) for inclusion in the Seminole County Administrative Code, Section
29.25.
Public Safety
Business Office
17. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-174, as shown on page
_______, renaming Elem Street to Elm Street.
18. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-175, as shown on page
_______, renaming Pineway to Pine Way.
EMS/Fire/Rescue
Division
19. Approve and authorize Chairman to
execute the Automatic Aid Agreement for Fire Protection and Rescue Services, as
shown on page _______, between Seminole County and Lake County.
Public Works
Engineering
Division
20. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, to Acquire a Drainage Easement, as shown on page _______, for property
necessary for drainage improvements for the Snowhill Road Outfall within the
Jacobs Trail Econlockhatchee Basin.
21. Adopt appropriate
Resolution #2010-R-176, as shown on page _______, accepting a Drainage Easement,
as shown on page _______, for property needed for the Midway Area Sidewalk
Project, Henry Byrd.
22. Adopt appropriate Resolution
#2010-R-177, as shown on page _______, accepting a new Revised Exhibit
"B" (Schedule of Funding), as shown on page _______, for the Local
Agency Program Agreement with the State of Florida Department of Transportation
for the Design and Construction of the Cross Seminole Trail/Red Bug Lake Road
Pedestrian Overpass (FDOT FPN: 428527-1-58-01).
23. Adopt appropriate
Resolution #2010-R-178, as shown on page _______, accepting a Revised Exhibit
"B" (Schedule of Funding), as shown on page _______, for the Local
Agency Program Agreement with the State of Florida Department of Transportation
for the resurfacing of Lake Mary Boulevard from Rinehart Road to Country Club
Road.
Traffic Division
24. Adopt appropriate
Resolution #2010-R-179, as shown on page _______, and authorize the Chairman to
execute a Railroad Reimbursement Agreement, as shown on page _______, Grade
Crossing Traffic Control Devices for North Street in the city of Longwood.
Chairman
Dallari stated he wants to make sure with the amount of money being spent on
Item #15, Resolution implementing Budget Amendment Request (BAR) #10-98, that
it is done with all the proper intentions.
He wants staff to look at all of that comprehensively and spend the
money wisely.
Districts 1,
2, 3, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Clerk's Office
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the Expenditure
Approval Lists, as shown on page _______ dated July 26 and August 2, 2010; the
Payroll Approval List, as shown on page _______, dated July 22, 2010; and Board
execution of the 2009 Property Tax Roll Final Report, as shown on page _______.
Districts 1, 2,
3, 4 and 5 voted AYE.
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The Board noted, for information only, the following
Clerk's "received and filed":
1. Amendments
#1, as shown on page _______, to Work Orders #17, #18, #19, #20 and #21 for
CC-2184-07.
2. Amendment
#1, as shown on page _______, to Work Order #38 for RFP-4277-09.
3. Change
Order #5, as shown on page _______, to CC-4205-09.
4. Change
Order #6, as shown on page _______, to CC-2938-07.
5. Change
Order #3, as shown on page _______, to CC-4754-09.
6. Development
Orders, as shown on page _______, for the following: Patrick Jorgensen & Sean Halfacre; Peter
& Evelyn Etoh; Allen R. Pyle, Jr.; Susan Gilman; Wanda Hutley; Kevin &
Amy Riley; Fred Shattuck; James Wilkins; Nancy & Lawrence Pizzichiello;
Richard D. & Shelbi S. Parker; David S. & Roseanne M. Menard; Michael
S. Wilson; Craig A. & Daniela A. Mitchell; Rosemary F. Begey; Thomas J.
Pippin; Debra Clouchete; Keith H. & Diane M. Mewes; and Gary J. &
Margaret K. Yingst.
7. Training
Provider Agreement, as shown on page _______, with Southern Technical
Institute, Inc., as approved by the BCC on December 8, 2009.
8. Notices
from the Florida Public Service Commission regarding Docket No. 100168-EI,
Progress Energy, and Docket No. 100169-EI, Florida Power & Light Company.
9. Maintenance
Agreement, as shown on page _______, with Letter of Credit in the amount of
$34,300 for Hidden Creek Reserve.
10. Notice from the Florida Public Service
Commission regarding Docket No. 090381-SU, Utilities, Inc. of Longwood.
11. Amendment #2, as shown on page _______, to
Work Order #1 for PS-2774-07.
12. Amendment #2, as shown on page _______, to
Work Order #49 for PS-1529-06.
13. Change Order #4, as shown on page _______, to
CC-3075-08.
14. Amendments #3, as shown on page _______, to
CC-1075-06 for AJC Construction, Central Florida Environmental, Southland
Construction, JCB Construction, and APEC.
15. Amendment #3, as shown on page _______, to
Work Order #11 for PS-1074-06.
16. Change Order #13, as shown on page _______, to
CC-2702-07.
17. Amendment #1, as shown on page _______, to
Work Order #70 for RFP-4214-04.
18. Amendment #2, as shown on page _______, to
Work Order #65 for RFP-4214-04.
19. Amendment #3, as shown on page _______, to
Work Order #21 for PS-5190-05.
20. Amendment #2, as shown on page _______, to
Work Order #6 for PS-0219-05.
21. Addendum #2, as shown on page _______, to the
Colonial Town Park PUD Developer’s Commitment Agreement, as approved by the BCC
on April 13, 2010.
22. Change Order #1, as shown on page _______, to
Work Order #16 for CC-2184-07.
23. Amendment #1, as shown on page _______, to
Work Order #28 for PS-0381-06.
24. Amendment #2, as shown on page _______, to
Work Order #38 for RFP-4277-09.
25. Work Order #77, as shown on page _______, to
PS-1074-06.
26. Amendment #1, as shown on page _______, to
Work Order #127 for PS-5165-04.
27. Work Order #46, as shown on page _______, to
RFP-4277-09.
28. Change Order #5, as shown on page _______, to
CC-4813-09.
29. Change Order #1, as shown on page _______, to
Work Order #37 for CC-1284-06.
30. Change Order #19, as shown on page _______,
for RFP-0613-06.
31. Notice from the Florida Public Service
Commission regarding Docket No. 090402-WS, Sanlando Utilities Corporation.
32. Amendment #1, as shown on page _______, to
Work Order #5 for PS-3914-08.
33. Term Contract IFB-600895-10, as shown on page
_______, with Safewaste of Florida, LLC.
34. Assignment of RFP-600254-07, as shown on page
_______, to Breaking the Cycle Consulting, Inc., Laurie A. Reid.
35. Amendment #2, as shown on page _______, to
Work Order #5 for PS-3914-08.
36. Amendment #1, as shown on page _______, to
Work order #77 for PS-5120-02.
37. Amendment #1, as shown on page _______, to
Work Order #18 for PS-5124-02.
38. Work Order #67, as shown on page _______, to
PS-1529-06.
39. Amendments #5, as shown on page _______, to
CC-1220-03 with TLC Diversified, Inc. and Southern Electric Supply d/b/a Rexel
Mader Motor & Control.
40. Work Orders #78 and #79, as shown on page
_______, to PS-1074-06.
41. Amendment #7, as shown on page _______, to
Work Order #24 for PS-0381-06.
42. Notice from the Florida Public Service
Commission regarding Docket No. 100313-WS, Utilities, Inc.
43. Recorded Resolutions #2010-R-18, #2010-R-19
and #2010-R-20, as shown on page _______, for GPI Southeast, Inc., as approved
by the BCC on January 12, 2010.
44. Conditional Utility Agreements, as shown on
page _______, for Water and Sewer Service with HHMH2, LLC.
45. Letter of acceptance of Potable and Reclaimed
Water and Sewer systems and Bill of Sale, as shown on page _______, for Hidden
Creek Reserve.
46. Certificates, as shown on page _______, of
Costs of Abatement for Kimberly Staker, Gary Martino and/or Gary Grass, and
Alexander Leibovich.
47. Second Amendment, as shown on page _______, to
Litigation Support Services Agreement with Southeastern Surveying and Mapping
Corporation.
48. Agreement CC-5750-10, as shown on page
_______, with Jerome’s Masonry, Inc.
49. Amendment #1, as shown on page _______, to
Work Order #6 for PS-5172-04.
50. Bids for IFB-600940-10 and RFP-600945-10.
Supervisor of Elections
Motion by Commissioner Carey, seconded by Commissioner
Henley, to approve and authorize the
Chairman to execute the Certificate Regarding Matching Funds, as shown on page
_______, in the amount of $6,917.08, contained within the Memorandum of
Agreement between the Florida Department of State and the Seminole County
Supervisor of Elections.
Districts 1,
2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Ian Sikonia,
Planner, addressed the Board to present request for a Special Event Permit for
Horse Show events to be held at 1968 Lakeview Avenue on September 18, 2010,
October 30, 2010, January 29, 2011, and March 26, 2011. He said the staff finds that the events are
compatible with the surrounding area and will not cause a hardship to the
adjacent property owners or existing residents; and the staff recommends Board
approval of the request for the dates given.
District
Commissioner Dallari concurred with the staff that this is an appropriate use
and he recommended Board approval.
Commissioner
McLean asked if the applicant had obtained special permits before for her
events. Chairman Dallari stated sometimes,
especially in rural settings, the people are not aware they need a permit, but
Ms. Glavin is aware of it now and is trying to be in compliance.
Motion by Commissioner Carey, seconded by Commissioner Van
Der Weide, to approve the request for a Special Event Permit for Horse Show
events to be held at 1968 Lakeview Avenue on September 18, 2010, October 30,
2010, January 29, 2011, and March 26, 2011, Grace Glavin.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Bill McDermott, Economic Development, addressed the
Board to present the request for Board adoption of a Resolution recognizing Fiserv,
Inc. as a Qualified Target Industry (QTI) and providing an appropriation of
$120,000 as local participation in the QTI Tax Refund Program. He introduced Robert Hayne, Senior Vice
President for Fiserv, Inc. Mr. McDermott
stated the total award is $600,000. He
advised that the project is to be located in Lake Mary; and Fiserv, Inc. just
recently renewed their lease for a 10-year period.
Chairman Dallari thanked Mr. Hayne for choosing to
stay in Seminole County.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve and
authorize the Chairman to execute appropriate Resolution #2010-R-180, as shown
on page _______, recognizing Fiserv, Inc. as a Qualified Target Industry (QTI)
and providing for an appropriation of $120,000 as local participation in the
QTI Tax Refund Program.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Tina Williamson, Assistant
Planning & Development Manager, addressed the Board to present the request for
a reduction to the Code Enforcement Board lien which totals $17,750.00 for Case
#09-110-CEB on the property located at 1917 Merlot Drive, Sanford; Sean E. and
Ruth Belghazi (previous owners), U. S. Bank National Association (current
owner), (Sue King, agent); require payment within 60 days; and authorize the
Chairman to execute the Release of Lien upon payment in full. Ms. Williamson stated staff is recommending
denial of the request for reduction of the lien amount since U.S. Bank National
Association received all the notices for this case and was aware of the case
and lien from its inception.
Sue King, Rouse Title, 1591 Hailey Lane, addressed
the Board to state the applicant is requesting a reduction because the bank
only had possession as of the date of recording the Certificate of Title on
April 5, 2010. As soon as they got the
property back, they did go in and correct the matter. She believes the property was in compliance
on June 15, 2010. She asked the Board to
at least reduce the lien amount to the time the bank had the certificate.
Upon inquiry by Commissioner Carey, Ms. Williamson
affirmed that the date of compliance was June 15, 2010, but that was 71 days
from the Certificate of Title; and the fine of $17,750 is for the 71 days.
District Commissioner Carey said she has stated
several times that she thinks the banks need to be held accountable when they
get the Certificate of Title, especially since this is a pool violation and the
Board’s policy is that they will not waive the fees in these types of cases.
Motion by Commissioner Carey, seconded by Commissioner Henley, to deny the request
for a reduction to the Code Enforcement Board lien which totals $17,750.00 for Case
#09-110-CEB on the property located at 1917 Merlot Drive, Sanford, Sean E. and
Ruth Belghazi (previous owners), U. S. Bank National Association (current
owner), (Sue King, agent); require payment within 60 days; and authorize the
Chairman to execute the Release of Lien, as shown on page _______, upon payment
in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Williamson presented
the request for a reduction to the Code Enforcement Board liens, which
total $23,747.34 ($872.34 for lien imposed 3/26/09 and $22,875.00 for lien imposed
1/28/10), to the administrative costs of $1,634.24 for Case #08-38-CEB on the
property located at 129 Leon Street, Altamonte Springs, Gailean R. Troutman;
require this reduced amount to be paid within 60 days or the lien will revert
to the original lien amounts which total $23,747.34; and authorize the Chairman
to execute the Release of Lien upon payment in full; Trevor K. C. Haye. Ms. Williamson stated the applicant is
requesting a reduction in the lien amount based on a medical hardship. Staff is recommending a reduction to the
administrative cost of $1,634.24.
Commissioner Carey asked if the staff recommendation
is subject to actual closing. Ms.
Williamson said if the Board wishes to impose that condition, they can do
that. She advised District Commissioner
Henley that there is no other danger on the property.
Motion
by Commissioner Henley, seconded by Commissioner McLean, to approve a reduction
to the Code Enforcement Board liens, which total $23,747.34 ($872.34 for lien
imposed 3/26/09 and $22,875.00 for lien imposed 1/28/10), to the administrative
costs of $1,634.24 for Case #08-38-CEB on the property located at 129 Leon Street,
Altamonte Springs, Gailean R. Troutman; require this reduced amount to be paid
within 60 days or the lien will revert to the original lien amounts which total
$23,747.34; and authorize the Chairman to execute the Release of Lien, as shown
on page _______, upon payment in full; Trevor K. C. Haye.
Upon inquiry by Commissioner Carey, Commissioners
Henley and McLean concurred that the motion is based on the hardship.
Trevor Keith Haye, 139 East Road, addressed the
Board to state the property is in considerable disrepair and he brought it into
compliance at his own expense. He said
he would appreciate it if the Board could reduce the lien to $0 to give him a
fresh start in view of impending costs to bring the property to a state of
occupancy.
Chairman Henley said he can appreciate the comments
from Mr. Haye, but the recommendation dealt with the actual costs to the citizens
due to the circumstances. He said the
Board doesn’t normally reduce that.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Lisa Spriggs, Fiscal
Services Director, addressed the Board to request adoption of a Resolution
authorizing the issuance of a Capital Improvement Revenue Refunding Bond,
Series 2010, to provide funds to refund the County's outstanding
Sales Tax Revenue Refunding Bonds, Series 1998. Ms. Spriggs said staff is recommending awarding
the transaction of a bank-qualified, fixed-rate loan at 2.97% to BB&T. The result is a savings to the General Fund
on an annual basis of approximately $200,000 in debt service.
John Stokes and Gary Akers addressed the Board. Mr. Akers, First Southwest Company, Financial
Advisor, discussed the results of the RFP the Board
authorized a few weeks ago. He had
information (copy received and filed) distributed to the Board as shown on the
overhead. He said the number presented
at the last meeting provided a cash flow savings over the life of the bond of
$1,484,000 through 2026 at an average annual savings of $92,000. They now have a present value savings of $1.1
million and, on a percentage basis of the bonds refunded, was 5.27% which was
above the threshold used in the past of 3%.
He was pleased to say the banks were very aggressive in their
bidding. BB&T did have the best
proposal. Chase was fairly close, but
there was an error in the bid and they could not increase it; and the bid was
withdrawn. Also, that bid was an
indication rather than a firm fixed bid and it would have been floating until
approved and locked if they had been the winning bidder. The savings is 12.51% of the bonds being
refunded. He said this is an excellent
opportunity.
Commissioner Carey said she thinks Mr. Akers is right; that this
is a great opportunity.
Mr. Akers advised Commissioner Van Der Weide that he does
recommend Board adoption of the Resolution.
Motion by Commissioner Carey, seconded by Commissioner McLean, to adopt
appropriate Resolution #2010-R-181, as shown on page _______, authorizing the
issuance of a Capital Improvement
Revenue Refunding Bond, Series 2010, to provide funds to
refund the County's outstanding Sales Tax Revenue Refunding Bonds, Series 1998.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
The Board noted the Informational
Budget Amendment Status Report FY 2009/10 for the period
ending July 31, 2010.
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Chairman Dallari recessed the meeting at
10:25 a.m., reconvening at 1:30 p.m., this same date with all Commissioners
and all other Officials (with Clerk of Court Maryanne Morse being absent), with
the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk
Eva Roach, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Van Der Weide, seconded by
Commissioner McLean to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
CONSOLIDATED STREET LIGHTING
DISTRICT (Continued)
Continuation
of a public hearing to consider the Consolidated Street Lighting District
Ordinance, repealing and replacing Ordinance #2010-1, as described in the proof
of publication.
Kathy
Moore, MSBU, addressed the Board to advise there are approximately 350 street
lighting districts in the unincorporated area of Seminole County. The revisions to the proposed ordinance
include one new MSBU which is Veramonte Subdivision. She concluded that the administrative
boundary adjustment is also being proposed for Aloma Woods and Aloma Oaks. If approved, the effective date will be
October 1, 2010.
No one
spoke in support or in opposition.
Motion by Commissioner McLean,
seconded by Commissioner Van Der Weide to adopt the Consolidated Street
Lighting District Ordinance #2010-16, as shown on page _________, repealing and
replacing Ordinance #2010-1, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
NON-AD
VALOREM ASSESSMENT ROLL (Continued)
Continuation
of a public hearing to consider Resolution and Certification adopting the 2010
Non-Ad Valorem Assessment Roll, as described in the proof of publication.
Ms. Moore
stated the cost associated for providing municipal services is funded by
special assessments levied against the properties benefiting from these
services. She stated the 2010 Non-Ad
Valorem Assessment Roll has been provided to the Board for review and
approval. The assessment rates were
approved by the BCC on June 8, 2010.
Staff is recommending the following three rate adjustments: Howell Creek MSBU to be reduced from 20 cents
a foot to no assessment in 2010; Street Lighting Assessments for Aloma Woods
($15.00) and Aloma Oaks ($25.00) to be reduced to $10.00 per unit. She submitted 14 responses (received and
filed) from various property owners.
No one
spoke in support or in opposition.
Motion by Commissioner Van Der
Weide, seconded by Commissioner McLean to approve Resolution #2010-R-183 and
Certification, as shown on page ________, adopting the uniform method of
collection for the 2010 Non-Ad Valorem Assessment Roll, as described in the
proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
SEMINOLE
COUNTY PORT AUTHORITY BUDGET
Proof of publication, as shown on page ________, calling for a public
hearing to consider the Seminole County Port Authority Budget for Fiscal Year
2010/11, received and filed.
Lin Polk,
Budget Manager, addressed the Board to introduce Andrew Van Gaale, Director of
the Port Authority, and Jeff Triplett, Chairman of the Port Authority
Board.
Andrew Van
Gaale addressed the Board to discuss the 2010/11 Port Authority’s budget. He stated the Port Authority will be
submitting a check to Seminole County in the amount of $800,000 (surplus
funds).
Commissioner
Van Der Weide congratulated the Port Authority for doing such a good job.
Mr. Van
Gaale stated the 2010/11 budget has been approved by the Port Authority Board
of Directors. He added business is good
at the Port and they are still completely debt free. He reviewed the operational and total cash
budget and what is included in same. He
stated the total budget is $2,930,035 for 2010/11. He continued by reviewing the operational
revenues, expenditures, profit margins being down a little, and operational
expenses. The Port has done some major
capital improvements and has a new major tenant. He requested Board’s approval of the Port
Authority’s 2010/11 budget.
No one
spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by
Commissioner McLean to adopt the Seminole County Port Authority Budget for
Fiscal Year 2010/11, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari requested Board approval of reappointment of Ed Furey to the Value
Adjustment Board for a term ending August 31, 2011.
Motion by Commissioner Carey, seconded by Commissioner
McLean to reappoint Ed Furey to the Value Adjustment Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari requested the Board review applications to the Casselberry CRA and to
consider a Seminole County designee at the next meeting.
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Chairman
Dallari stated he received a plaque from the Census Bureau to present to the
Board.
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Chairman
Dallari stated the East Central Florida Regional Planning Council (ECFRPC) is
requesting that the BCC execute a letter for in-kind work in the amount of
$10,000 a year.
Commissioner
Carey stated she and Commissioner McLean are ECFRPC representatives and this
was never mentioned to them. She stated
Mr. Forte discussed this with her yesterday and she informed him that she was
not going to sign it. She added the
ECFRPC passed a resolution at their last meeting to give them the ability to
apply for a Sustainable Communities grant and to set aside $50,000 for that. It was never mentioned at that meeting that
there was any kind of contribution from the partners including any in-kind
contributions. The County has been doing
planning for transit stops for a number of years and that is what this is all
about.
Upon
inquiry by Commissioner Henley, Chairman Dallari advised the type of in-kind
they are asking for is to have staff and BCC members participate in meetings as
well as staff doing some research.
Commissioner
Carey stated she probably doesn’t have a problem with in-kind, but they get to
the point where they have agencies doing different things and not everyone is
communicating as to what is going on.
That is not always in step with what the County is doing. Seminole County was the first ones to adopt
“How Shall We Grow” concept and to move forward with the Comprehensive Land
Plan in this region.
Nicole
Guillet, Growth Management Director, addressed the Board to state staff
received a narrative that will be included in the grant application and it
talks about what the grant is intended to accomplish. It raises a lot of questions, but the primary
question is they wanted the County to be part of a consortium and part of a
super region agency. The entire grant is
being based on the proposed strategic regional policy plan, which hasn’t been adopted to date. She
stated staff is still reviewing it and they have submitted 11 pages of comments
and those have not been addressed. This
grant is predicated upon complying with the 2060 plan and it is scheduled for
final adoption in January, and will be sent to the Governor’s office later on
in the fall. The concerns that staff has
is they are not sure what they are agreeing to if they sign the grant. The in-kind $10,000 a year can be easily met
with the normal participation of the regional planning process. She stated, if the Board does commit, staff
would recommend that they hedge a little in committing to be a member of the
consortium.
Commissioner
Carey stated ECFRPC submitted for the HUD grant application yesterday without
the County’s signature page being signed.
She stated she feels having the ability to opt out once they understand
what is involved, there will be some time before they
receive the grant.
Robert
McMillan, County Attorney, stated the actual document that the Board needs to
sign commits them to be member of the consortium. He stated he believes the agreement can be
negotiated after they receive the grant as to what the consortium means. He said what raised his concern about the
document is the County has to comply with their 2060 plan and if they don’t,
the State can find the County’s Comp Plan noncompliant and place a moratorium
on the County. He added he doesn’t think
his staff and the Planning staff have had time to review the intentional or
unintentional consequences of what being a member of the consortium may mean.
Commissioner
Carey stated she is not going to support anything that would cause them to be
in violation of the Comp Plan. She added
she feels that a lot of these agencies are trying to reconfigure themselves into something to have existence.
Mr.
McMillan stated the Board can send a letter indicating that they support their
effort of staff participating, but they will not agree to participate as a
consortium as defined by HUD for purposes of this particular project.
Commissioner
Henley stated in his opinion, they have a lack of coordination and cooperation
between the various agencies. The Board
needs to understand what the 2060 plan actually calls for and how this
consortium is going to work. Perhaps
they need to take more time to discuss this further and have staff complete a
report before they make a commitment.
Commissioner
Carey stated the ECFRPC is going to ask the County to support it. She asked that this be placed on the agenda
to have a presentation on the 2060 plan and to discuss what this consortium is
about. She said she is not opposed to
sending a letter stating that they are happy to discuss it, but without knowing
more about what they are actually doing, she doesn’t want to do something that
will be detrimental to them in the future.
Chairman
Dallari asked staff to brief each Board member on this and to place it on a
future agenda to bring in the Regional Planning Board. He said he has a problem committing to
in-kind donations or contributions where they don’t know what extent it is
going to end up. Discussion ensued.
Ms.
Guillet stated the Statutes require that the local government plans be
consistent with the regional policy plan.
She stated she doesn’t know if the ECFRPC is trying to expand the
authority of the plan. She stated even
though the County is not consistent, that in itself will not cause the Comp
Plan to be out of compliance.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
dated August 9, 2010, from David Theriaque, Theriaque & Spain, Attorneys-at-Law,
to Chairman Dallari re: Proposed Major Amendment to the Lake Forest Planned
Unit Development. (cc: BCC, County Manager, Growth Management)
2.
Copy of
letter (w/attachment) dated August 9, 2010, from Rex Newman, Office of the
Governor, to Ms. Joanne Elefante, Longwood, Florida, re:
Correspondence concerning a cell tower located at Highway 434 and Tarrytown
Road. (cc: BCC, County Manager, Growth
Management)
3.
Letter
dated August 10, 2010, from David Diggs, Seminole County Sheriff’s Office,
Department of Corrections, to Chairman Dallari re: 2010 Annual F.M.J.S.
Facility Inspection Report for the John E. Polk Correctional Facility. (cc: BCC, County Manager)
4.
Copy of
letter dated August 11, 2010, from Andrea Lentz, Longwood, Florida, to The
First Response Team of Seminole County 911 re: Appreciation for their response
to a 911 call made by her son. (cc: BCC)
5.
Letter
dated August 11, 2010, from Congressman John Mica, to Chairman Dallari re:
Status of Federal Funding and Appropriations for various projects and
programs. (cc: BCC, County Manager,
Public Works, Growth Management)
6.
Letter
(w/attachment) dated August 13, 2010, from Blanche Sherman, LYNX, to Chairman
Dallari re: LYNX Quarterly Reports – as of June 13, 2010. (cc: BCC, County Manager, Growth Management)
7.
Copy of
letter (w/attachment) dated August 13, 2010, from Cathy Galavis, Department of
Revenue, to David Johnson, Seminole County Property Appraiser, re: Summary of the 2010-11 Property Appraiser’s Budget by
Appropriation Category. (cc: BCC, County
Manager, Fiscal Services)
8.
Letter
(w/attachment) from Donna Gardner, City of Casselberry, to Chairman Dallari re:
Adopted Ordinance No. 10-337 which annexed the following properties into the
corporate limits of the City of Casselberry effective August 19, 2010: Parcel ID: 07-21-30-515-0000-003D;
07-21-30-515-0000-003B; 07-21-30-515-0000-003C; 07-21-30-515-0000-0030;
07-21-30-515-0000-003D; 07-21-30-515-0000-003A.
(cc: BCC, County Manager, Growth Management)
9.
Notice
of Public Hearing from City of Casselberry dated August 17, 2010, to be held on
August 26, 2010, re: Board of Adjustment to consider granting a variance to
allow a 5.0 foot rear building setback in lieu of the 15.0 foot building
setback required within the PRD zoning district at the property legally
described as LEG LOT 72 BRITTANY GARDENS PB 46 PG 38. (cc: BCC, County Manager, Growth Management)
10.
Orange
County Housing Finance Authority 2009 Annual Report.
DISTRICT COMMISSIONERS’
REPORTS/COMMITTEE REPORTS
Commissioner
Henley stated the County is still having problems with Sun State Trees
operating illegally as they are hauling constantly way beyond what they agreed
to. He commended Mr. Forte and staff for
a good job in responding to a complaint at Kewannee Park.
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Mr.
McMillan left the meeting at this time.
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Commissioner
Carey stated September 3 is the national effort to raise awareness for ovarian
cancer (Teal time) and some of the Commissioners are involved, and it is an
opportunity for local businesses and communities to get involved. She asked that anyone who wants to get
involved to contact her office and they will connect them to that organization. She added she would like to work with the
Acting County Manager about placing information regarding ovarian cancer in
selected buildings throughout the County.
The Board had no objections
to that.
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Commissioner
Carey stated the Ovarian Cancer Alliance of Florida is hosting their annual
golf tournament on September 19 at the LPGA course in Daytona Beach beginning
at 9:00 a.m.
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Commissioner
Carey stated Labor Day will be celebrated on September 6 and it’s always an
indication of the summer ending. She
asked that everyone celebrate it with family and friends and enjoy that time
off.
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Commissioner
Dallari stated he received an e-mail from Lisa Spriggs, Fiscal Services
Director, regarding public financial rating for Seminole County. It indicated that the County is in a good
position and continues to be strong in economic strength. He thanked Ms. Spriggs for informing the
Board.
COUNTY
MANAGER’S REPORT
No Report.
COUNTY
ATTORNEY’S REPORT
No Report.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:10 p.m. this same date.
ATTEST:______________________Clerk_____________________Chairman
cc/er