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

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