BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 22, 2009
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, September 22,
2009, in the SEMINOLE COUNTY SERVICES
BUILDING at SANFORD, FLORIDA,
the usual place of meeting of said Board.
Present:
Chairman
Bob Dallari (District 1)
Vice
Chairman Mike McLean (District 2)
Commissioner
Dick Van Der Weide (District 3)
Commissioner
Carlton Henley (District 4)
Commissioner
Brenda Carey (District 5)
County
Manager Cindy Coto
County
Attorney Robert McMillan
Deputy
Clerk Eva Roach
Pastor Ron Williams, Palmetto Avenue Baptist Church, Sanford, gave
the Invocation.
Robert McMillan, County Attorney, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to
adopt appropriate Resolution #2009-R-181, as shown on page _______, supporting
the Florida Trail Association by promoting the “Gateway Community Program”,
through signage and activities that highlight nature based tourism and trail
usage.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Pete Darnell, who
addressed the Board to express his appreciation on behalf of the Florida Trail
Association.
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Motion by Commissioner Carey, seconded by Commissioner McLean to adopt
appropriate Resolution #2009-R-180, as shown on page _______, honoring Urban
Trust Bank; Access MediQuip, LLC; EZYield.com; Nomad Aviation, Inc.; and Father’s
Table at the October 2, 2009 “Industry Recognition Luncheon”, for their capital
investment creation contributions within Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated the individual resolutions will be
given to the companies at the Industry Recognition Luncheon. She presented the Resolution to Bill
McDermott, Economic Development Director.
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Motion by Commissioner Henley, seconded by Commissioner Carey to adopt
appropriate Resolution #2009-R-183, as shown on page _______, recognizing Randy
Berridge for being awarded the Seminole County Regional Chamber of Commerce
Lifetime Achievement Award, for his leadership and dedication to community
service.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley advised that the proposed resolution will be
presented to Mr. Berridge at the luncheon.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to
adopt appropriate Resolution #2009-R-182, as shown on page _______, proclaiming
the month of October 2009 as “Architecture Month”, celebrating 54 years of
architecture in Orlando.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S CONSENT AGENDA
Cindy Coto, County Manager, addressed the Board to state there
are two changes to the agenda. She
stated Item #7, Award CC-4623-09, will be pulled and brought back at the
October 13, 2009 meeting. She stated
under the County Attorney’s Consent Agenda Item #36, Approve Purchase Agreement
for Gallagher property, staff is requesting that this item be pulled.
At the request of Commissioner Carey, Mr. Coto explained what is
being committed for Item #15, Approve the Experience Works, Inc. Senior
Community Service Employment Program Host Agency Agreement.
Michele Saunders, Community Services, addressed the Board to advise
that this program is almost like an internship program. She further explained how the program works.
Ricardo Lopez, Community Development Manager, and Buddy Balagia
addressed the Board to explain for Commissioner Carey why additional monies and
extensions are being requested for Item #17, Second Amendment to the Community
Development Organization Affordable Housing Development Agreement.
Commissioner Carey stated what worries her more is if it goes
into foreclosure, maybe they need to take them out of the picture and pay the
bank and then try to sell the units themselves.
She stated an amendment should be put in the agreement that the County
is going to be allowed to purchase the unsold units. The County has paid for these units,
therefore, they should be making a deal with the bank.
Mr.
McMillan stated two options were to walk away from it or to pay additional
money in hopes of turning it around.
Commissioner
Carey added she wants to make sure that the County is not throwing away good
money after bad. She stated she would
like to know what assurance the County has to make sure that is going to be
used for affordable housing. Discussion
ensued.
Commissioner
Carey stated she feels it may be better to take the money to the bank to try to
work out a deal with them and get control over the product.
Ms. Saunders informed Commissioner Carey that Barbara Hughes,
Cooperative Extension Services, is working with the School Board on Item #25,
Approval to partner with the University of Florida to submit a grant
application to the Florida Dept. of Children and Families, and they are on
board with this program.
Ms. Coto informed Commissioner Carey that existing staff will be
utilized for Item #26, Approve Agreement with Area Agency on Aging.
Assistant County Attorney Arnold Schneider addressed the Board
to explain where they are with regard to Item #17, Second Amendment to the
Community Housing Development Organization Affordable Housing Development
Agreement, and what would happen if this slipped into foreclosure.
Commissioner Carey stated the contractor indicated that they
have not had their final payment. Mr.
Schneider stated he understood that they have been paid and he will check into
that.
Motion by Commissioner Carey, seconded by Commissioner McLean to
authorize and approve the following:
County Manager’s Office
5. Approve
and authorize the Chairman to execute the International Association of Firefighters
Local 3254 Agreements, as shown on page ________, for Unit B and Unit A.
Administrative Services
Purchasing
and Contracts
6. Award
CC-4186-09/JVP, as shown on page ________, Lake Emma Road Construction Project
(Longwood Hills Road to Sand Pond Road) in the amount of $8,535,883.36 to
Cathcart Contracting Company of Winter Springs, Florida.
7. Pulled from the agenda request to Award
CC-4623-09/DRR - Seminole County Regional Water Treatment Facility at Yankee
Lake in the amount of $40,822,000.00 to Encore Construction Company of Winter
Garden, Florida.
8. Award
CC-4754-09/JVP, as shown on page ________, Howell Branch Road Pavement
Rehabilitation Project in the amount of $439,263.83 to Ranger Construction
Industries, Inc., of Winter Garden, Florida.
9. Award
CC-4847-09/JVP, as shown on page ________, Howell Creek Trestle Bridge
Rehabilitation in the amount of $392,057.00 to Gibbs & Register, Inc., of
Winter Garden, Florida.
10. Award RFP-600706-09/TLR, as shown on page ________, Park Concession
Operations to Too Smooth, LLC, d/b/a Smoothie King, Winter Springs. (Revenue of
20% of gross receipts).
11. Approve the negotiated rates and award PS-4202-09/DRR, as shown on
page ________, Dean Road Widening Project Pre-Design and Final Design to
Bowyer-Singleton & Associates, Inc., of Orlando, Florida (Estimated Usage
Amount of $800,000.00 over the term of the Agreement).
Support
Services
12. Approve and authorize the Chairman to execute County Resolution
#2009-R-184, Contract for Sale and Purchase of Land, County Deed and Board of
Trustees of the Internal Improvement Trust Fund, as shown on page ________,
managed by the Florida Department of Environmental Protection (FDEP) of the
State of Florida's Partial Release of Restriction and Reverter for the vacant
0.21 acre portion of Parcel #32-19-32-300-020C-0000, to Mr. Avery Wisdom, 2030
Pleasant Point Dr., Geneva, FL 32732, for the amount of $14,400.00 to be held
in escrow for the Board of Trustees of the Internal Improvement Trust Fund.
13. Approve and authorize renewal of the Cancer and Short Term
Disability Insurance with Professional Insurance Company with no rate increase
effective January 1, 2010 through December 31, 2010.
14. Approve and authorize Chairman to execute the Addendum, as shown on
page ________, to Seminole Community College Heathrow Center Lease effective
October 1, 2009.
Community Services
Administration
15. Approve the Experience Works, Inc. Senior Community Service
Employment Program (SCSEP) Host Agency Agreement, as shown on page _______, as
a standard agreement for County use and authorize the delegation of authority
to the Director of the Human Resources Department to execute agreements using
this standard form for future Experience Works' participants.
Community
Assistance
16. Approve and authorize the Chairman to execute a SHIP Program
Subrecipient Agreement, as shown on page ________, with Milestone Social
Services Inc. to rehabilitate a group home for adolescent male children with
intensive maladaptive behaviors and/or developmental disabilities.
17. Approve and authorize Chairman to execute the Second Amendment, as
shown on page ________, to the Community Housing Development Organization
Affordable Housing Development Agreement (Program Years 2005-2006 &
2006-2007).
18. Approve and authorize the Chairman to execute the Satisfactions, as
shown on page ________, of Second Mortgage for households assisted under the
County's Home Ownership Assistance Program or the Emergency Repair Housing Program,
for the following: James & Flossie
Abney; Dolores Francine Bracero; Georgia Bell Davis; Angela Carpenter a/k/a
Angela Scott; Jeffrey B. Causey; Pauline Christopher; Martha Cole; Hipolito
Colon, Carmen Colon, and Daimee Colon; Joan D. Cordek; Charlotte R. Corley;
Bessie Edwards; Hernan J. & Olga J. Franco; Cynthia D. Freeman a/k/a
Cynthia Smith; Laura J. Gass; Deena Griffin; Margery C. Hines; Cora Lee Bell;
Nora Moreno; Ernesto Rios & Ernestine Lopes Rios; and Carlina Turner.
19. Award the Homelessness Prevention and Rapid Re-Housing Program
(HPRP) Rapid Re-Housing Activity RFP to Community Based Care of Seminole, Inc.
in the amount of $307,000.00 and to Jewish Family Services of Greater Orlando,
Inc. in the amount of $75,000.00; and authorize the County Manager to execute
the Agreements, as shown on page ________.
Economic Development
Tourism
Development
20. Approve and authorize the Chairman to execute an Agreement, as
shown on page ________, with Sanford Chamber of Commerce for the 2009 Sanford Chamber
Bike Fest in the amount of $2,000.00.
Environmental Services
Business
Office
21. Approve the Release of the original Water and Sewer Maintenance
Agreement with Letter of Credit in the amount of $131,400.00 for the project
known as Grande Oaks.
22. Approve the Release of the original Water and Sewer Maintenance
Bond in the amount of $14,720.74 for the project known as The Villas at Chase
Groves.
23. Approve the Release of the original Water and Sewer Maintenance
Agreement with Letter of Credit in the amount of $8,275.00 for the project
known as Willa Springs Office Park Ph. II, Lot 5.
Solid
Waste Management
24. Approve and authorize the Chairman to execute each of the
Non-Exclusive Franchise Agreements, as shown on page _________, with One Waste Services;
Waste Pro of Florida, Inc.; Waste Services of Florida; and Waste Management for
Commercial Solid Waste Collection Service.
Fiscal Services
Administrative
25. Approval to partner with the University of Florida to submit a Grant
Application to the Florida Department of Children and Families requesting
approximately $170,000.00 through their Supplemental Nutrition Assistance
Program-Education; and authorize the County Manager to execute documentation as
may be required to support the application.
26. Approve and authorize the Chairman to execute an Agreement, as
shown on page ________, with the Area Agency on Aging of Central Florida, Inc.
doing business as (d/b/a) Senior Resource Alliance, thereby, accepting an
authorized agent designation for the Emergency Home Energy Assistance Grant
Program.
Budget
27. Approve and authorize the Chairman to execute Budget Change Request
(BCR) #09-19 through the 2001 Infrastructure Sales Tax Fund in the amount of
$257,502.00 in order to provide construction funding for the CR 46A at
International Parkway I-4 Intersection Improvement project.
Leisure Services
Greenways
and Natural Lands
28. Approval to renew Memorandum of Agreement, as shown on page
________, for Landscape Maintenance on the I-4/17-92 Interchange as prepared by
the Florida Department of Transportation (FDOT).
29. Board authorization for use of Boater Improvement Funds in the
amount of $29,000.00 to repair and update County-owned waterway signage on the
St. John's River.
Planning and Development
Development
Review
30. Authorize the release of the Dr. Edward Stoner Way-Copper Chase
Right of Way Utilization Permit Maintenance Bond #5025994 in the amount of
$20,838.53 for the Dr. Edward Stoner Way ROW – Copper Chase road improvements.
Planning
31. Approve and authorize the Chairman to execute the Seminole County/METROPLAN
ORLANDO (Urban Area Metropolitan Planning Organization) FY 2009 - 2010 Funding
Agreement, as shown on page ________, for the amount of $185,225.00.
Public Safety
EMS/Fire/Rescue
32. Approve and authorize Chairman to execute Mutual Aid Agreement, as
shown on page ________, for Fire Protection and Rescue Services between
Seminole County and Lake County.
Public Works
Engineering
33. Approve and authorize the Chairman to execute an Interlocal Utility
Construction Agreement, as shown on page ________, between Seminole County and
the City of Longwood in conjunction with the Lake Emma Road Project (Longwood
Hills Road to Sand Pond Road). (Capital Improvement
Project Number 00054101)
34. Adopt appropriate Resolution #2009-R-185, as shown on page
________, authorizing the Chairman to execute Supplemental No. 2 to a Local Agency
Program (LAP) Agreement, as shown on page ________, with the Florida Department
of Transportation to add $29,807.00 in funds for the design phase of the State
Road 426/County Road 419 Road widening project from Pine Avenue to Avenue B in
Oviedo. (FDOT FPN: 415030-1-38-01)
Traffic
Engineering
35. Approve and authorize Chairman to execute the Seminole County/Aloma
Square Owners' Association, Inc. Loma Vista Property Owners' Association Inc.
Second Amendment, as shown on page ________, to Traffic Signal Maintenance
Covenant.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by
Commissioner Henley, seconded by Commissioner McLean to authorize and approve
the following:
36. Pulled from the agenda
request to Approve and execute the Purchase Agreement relating to Parcel Number
134 of the road improvement project for Chapman Road, Gallagher property for
$32,000.00, for full settlement of all claims for compensation from which
Seminole County might be obligated to pay relating to this parcel.
37. Approve and authorize execution of the Purchase Agreement, as shown
on page ________, relating to Parcel Number 118 of the road improvement project
for Chapman Road, Rico property, for $35,000.00, for full settlement of all
claims for compensation from which Seminole County might be obligated to pay
relating to this parcel.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion
by Commissioner Carey, seconded by Commissioner McLean to authorize and approve
the following:
CLERK’S OFFICE
38. Approval of Expenditure Approval Lists, as shown on page ________,
dated August 10, 17 & 24, 2009; approval of Payroll Approval Lists, as
shown on page ________, dated August 6 & 20, 2009; approval of BCC Official
Minutes dated August 11 & 25, 2009; and noting, for information only, Clerk’s
“Received and Filed”:
1.
Audit
Report prepared by Lovett Silverman with regard to CH2M Hill Contract.
2.
Clerk
of the Court Audit of Limited Review of PBS&J Contract PS-5120-02/BJC.
3.
Email
from Chief Deputy Clerk Bruce McMenemy dated August 14, 2009, RE: the County Manager’s email concerning
Administrative Leave Reports.
4.
Email
from Sandy McCann, Commission Records, to Sharon Peters, County Manager’s
Office, dated August 21, 2009, RE: BCC
missing documents.
5.
Notice
of Hearing from the PSC RE: FP&L,
Progress Energy, Southern Alliance for Clean Energy, Inc. & Florida
Industrial Power Users Group.
6.
Letter
from Christopher Sapp to the VAB dated August 26, 2009 offering his services as
Special Magistrate and response letter from Sandy McCann, Clerk to VAB,
RE: same.
7.
Memorandum
from Doris-anne Freeman, Altamonte Springs City Clerk, transmitting Ordinance
#1604-09 RE: annexation.
8.
Litigation
Support Services Agreement, as shown on page ________, with Southeastern
Surveying & Mapping Corporation with regard to Ritchie v. Seminole
County.
9.
Development
Order #09-50000003, as shown on page ________, for Frank & Joy-Marie
Russo.
10.
Bill
of Sale, as shown on page ________, & Letter accepting Potable &
Reclaim Water & Sewer Systems for Colonial Infrastructure Roadway.
11.
Parks
Contract, as shown on page _______, with Jesse McConnell.
12.
W.O.
#1, as shown on page ________, thru 6 to RFP-4277-09/RTB.
13.
LAP
Agreement, as shown on page ________, with FDOT RE: resurfacing of SR 426 as approved by the BCC
on April 14, 2009.
14.
Parks
Contracts, as shown on page ________, with the following: Ramon Candelario, Susan Dodd, Patrick
Houghton, Brian Morris, Steve Seither, Dave Smith and Larry Sprick.
15.
BOA
Development Orders, as shown on page ________, as approved on July 27, 2009 for
the following: #09-30000037 – Shuwan
Jackson; 09-3000056 – San Sebastian Estate Homes; #09-3000036 – Brad Hoben;
#09-3000058 – Village on the Green; #09-3000060 – Brian & Caroline Eddy;
#09-3000067 – Tina Sopp; #09-30000059 – Jon & Julie Vandendriessche;
#09-30000038 – Raul Rodriguez; #09-30000039 – Randolph & Virginia W. Clark;
#09-30000057 – Robyn Bronson; #09-32000007 – Robert Hedrick; #09-32000010 –
DDRTC Shoppes at Lake Mary LLC; #09-3200008 – Heather & Michael Bristol;
and #09-32000011 – Florida Conference Association of Seventh-Day Adventist.
16.
Temporary
Construction Easement, as shown on page _______, with Sherett J. & Charles
Salter for CR 46A, Parcels 9 & 12.
17.
Assignment
of Conditional Utility Agreement, as shown on page _______, for Water Services
with Ansara Holding Corp., Inc.
18.
Bill
of Sale, as shown on page ________, & Letter accepting water system in
Chateaux of Markham.
19.
Tennis
Instructor Agreements, as shown on page ________, with Jon Axel Jonsson and
Joanna Babyar.
20.
Amendment
#1, as shown on page ________, to W.O. #5 to PS-2564-08/JVP.
21.
W.O.
#30, as shown on page ________, to CC-1741-07/BLH.
22.
C.O.
#1, as shown on page ________, to W.O. #19 to CC-1284-06/TLR.
23.
C.O.
#4, as shown on page ________, to W.O. #2 to CC-2183-07/VFT.
24.
Amendment
#1, as shown on page ________, to W.O. #5 to PS-2564-08/JVP.
25.
1st
Amendment, as shown on page ________, to RFP-600584-09/TLR.
26.
C.O.
#3, as shown on page ________, to W.O. #5 to CC-2183-07/VFT.
27.
C.O.
#2, as shown on page ________, to W.O. #3 to CC-2183-07/VFT.
28.
W.O.
#54, as shown on page ________, to PS-1529-06/DRR.
29.
C.O.
#6, as shown on page ________, to CC-2098-07/DRR.
30.
W.O.
#5, as shown on page ________, to RFP-3261-08/RTB.
31.
3rd
Amendment, as shown on page ________, to IFB-600404-08/TLR.
32.
1st
Amendment, as shown on page ________, to IFB-600672-09/TLR.
33.
Close-out
documents, as shown on page ________, for CC-3112-08/RTB.
34.
C.O.
#2, as shown on page ________, to CC-3075-08.
35.
W.O.
#62, 63 & #64, as shown on page ________, to PS-1074-06/TRJ.
36.
Addendum
#3, as shown on page ________, to Developer’s Commitment Agreement for Lake
Forest Blvd. Townhouses.
37.
Letter
of Credit, as shown on page ________, in the amount of $4,162.45 for Chateaux
of Markham.
38.
Cash
Maintenance Bond & Escrow Agreement, as shown on page ________, in the
amount of $5,082.50 for Pure Living f/k/a Lakeview at Heathrow.
39.
Addendum
#1, as shown on page ________, to Hilltop Dr./Longwood-Lake Mary Road PUD Final
Master Plan Developer’s Commitment Agreement.
40.
Amendment
#2, as shown on page ________, to W.O. #9 to PS-1020-05/DRR.
41.
W.O.
#5, as shown on page ________, to RFP-4277-09/RTB.
42.
Amendment
#1, as shown on page ________, to W.O. #32 to PS-1505-06/JVP.
43.
Amendment
#1, as shown on page ________, to W.O. #49 to PS-1529-06/DRR.
44.
W.O.
#72, as shown on page ________, to PS-5120-02/BJC.
45.
C.O.
#1, as shown on page ________, to W.O. #35 to CC-1075-06.
46.
C.O.
#2, as shown on page ________, to CC-3191.
47.
C.O.
#2, as shown on page ________, to W.O. #35 to CC-1075-06.
48.
C.O.
#1, as shown on page ________, to W.O. #34 to CC-1075-06.
49.
C.O.
#34, as shown on page ________, to W.O. #29 to CC-1075-06.
50.
Amendment
#2, as shown on page ________, to M-2924-07/RTB.
51.
Amendment
#1, as shown on page ________, to W.O. #1 to PS-4053-08/RTB.
52.
Amendment
#1, as shown on page ________, to W.O. #113 to PS-5165-04/AJR.
53.
W.O.
#74, as shown on page ________, to PS-5120-02/BJC.
54.
W.O.
#124, as shown on page ________, to PS-5165-04/AJR.
55.
C.O.
#6, as shown on page ________, to CC-2424-04/BHJ.
56.
W.O.
#93, as shown on page ________, to PS-5150-03/AJP.
57.
W.O.
#18, as shown on page ________, to RFP-0013-05/DRR.
58.
Amendment
#1, as shown on page ________, to IFB-600325-08/GMG.
59.
Amendment
#4, as shown on page ________, to RFP-600006-06/GMG.
60.
W.O.
#21 & #22, as shown on page ________, to PS-5175-04/AJR.
61.
W.O.
#3, as shown on page ________, to CC-3321-08/DRR.
62.
W.O.
#33, as shown on page ________, to PS-1501-06/JVP.
63.
W.O.
#59, #60 & #61, as shown on page ________, to PS-1074-06/TRJ.
64.
Waiver
and Release of Lien for CC-1284-06/TLR W.O. #17, as shown on page ________.
65.
C.O.
#2, as shown on page ________, to W.O. #36 to CC-1075-06/TRJ.
66.
W.O.
#13, as shown on page ________, to CC-2184-07/VFT.
67.
W.O.
#9, as shown on page ________, to CC-2184-07/VFT.
68.
W.O.
#4, as shown on page ________, to CC-3321-08/DRR.
69.
W.O.
#13, as shown on page ________, to PS-1020-05/DRR.
70.
Amendment
#1, as shown on page ________, to W.O. #3 to PS-1903-07/BLH.
71.
Close-out,
as shown on page ________, for W.O. #31 to CC-1075-06/TRJ.
72.
Amendment
#2, as shown on page ________, to W.O. #3 to RFP-0013-05/DRR.
73.
C.O.
#2, as shown on page ________, to W.O. #34 to CC-1075-06/TRJ.
74.
Bids
as follows: RFQ-600718-09; CC-4623-09
(CD); CC-4626-09 (CD); CC-4614-09 (CD); CC-4534-09 (CD); PS-4650-09; and
CC-4754-09.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Dori DeBord, Planning & Development Director, addressed the
Board to present request to appeal the Final Engineering Plan for Deer Lakes
Subdivision. She stated staff has
addressed three points of the appeal and she reviewed the issue of Wetlands
Restoration. She added staff recommends
that a management plan with best management practices be included and staff
would like to see as much of that done through non-mechanized removal as
possible. Small equipment may be
necessary to remove some of the manmade materials. She said another point that has come up is
the excavation of the muck. The Wekiva
River Protection Area Comprehensive Plan Policy and the Land Development Code
prohibits development activities within the 100 year flood plain and the
wetlands. Unfortunately, this lake is surrounded
by both. The excavation of muck would be
considered a development activity and therefore, would not be in keeping with
the Comprehensive Plan. If it was just a
Land Development Code issue, staff could possibly look at some sort of
variance, but since it is a Comprehensive Plan issue, there is no variance or
waiver to the Comprehensive Plan. The
second issue that Mr. Harling was concerned with was the issue of stormwater
and whether he could use easements versus traps in his particular stormwater
design. In order to accommodate what Mr.
Harling thought was a stalemate, she asked Jerry McCollum, County Engineer, to
step in and help mediate this particular issue.
Mr. Harling met with Mr. McCollum in August and the points that they
have worked out are listed in her letter that is included in the agenda. She stated staff feels that if they see a
final engineering plan that incorporates those points, they should not have any
issues with regard to putting those into easements and letting them be a part
of the overall net density on lots.
Staff would like a note placed on the final plat indicating that the
County is not responsible nor under any obligation for the stormwater
system. The homeowners and homeowners’ association
would be responsible for the maintenance and operation of this private
stormwater system.
Upon inquiry by Commissioner Henley, Ms. DeBord advised her
understanding is there is a lot of peat located in that lake and they wanted to
mine it. She stated she understands the
intention of making this more into a lake and she believes removing the manmade
material and removing invasive exotics and replanting the wetland system in a manner
that can serve its purpose will help bring that lake back into some healthiness.
Upon further inquiry by Commissioner Henley, Jerry McCollum,
County Engineer, addressed the Board to advise the stormwater system as well as
the roads are private and are not the County’s responsibility.
Commissioner Henley stated he wants to make sure that they are
not treating this project any different from any other in the County.
Mr. McCollum stated it has nothing to do with Seminole County
and there are certain responsibilities of the property owner and the homeowners’
association.
Mr. McCollum advised Commissioner Carey that there will be
language added prohibiting encroachment of the pipe. The pipe can slightly be relocated in order
to get it out of the 100 year flood plain.
Ms. DeBord pointed out that with regard to the mucking issues,
in most cases in the County and most subdivisions outside the Wekiva Protection
Area, the County would not be having any issues with what they want to do with
the water body. Since this is in the
Wekiva River Protection Area, there are specific Comprehensive Plan and Land
Development Code policies that address that.
Upon inquiry by Commissioner Carey, Robert McMillan, County
Attorney, advised there is nothing in the Comprehensive Plan that would prevent
the Board from approving this to the level of not having a dredge and fill
permit.
Upon further inquiry by Commissioner Carey, Ms. DeBord advised
4,000 cubic yards of material can be removed through a dredge and fill permit
issued by staff.
Upon inquiry by Commissioner Henley, Mr. McMillan advised in
order to grant a variance, it has to be part of the ordinance itself. The Board cannot just grant a waiver to a code
provision unless there are standards or provisions for it in the document
itself.
Commissioner Henley asked if the Dept. of Community Affairs
(DCA) was contacted on this issue.
Mr. McMillan advised the DCA has no role in this issue and there
is no reason to get them involved on this issue.
Commissioner Carey stated the Dept. of Environmental Protection
would have some jurisdiction involved in the restoration.
Ms. DeBord stated staff hopes the management plan would cover
the way they want to remove the manmade material as well as the invasive and
exotic species. She stated she
recognizes that there will be some small equipment out there to help clean the
area up.
Upon inquiry by Commissioner Carey, Ms. DeBord advised she would
happy if they can remove some of the peat and muck around the edges as long as
it is in the management plan and it is not considered a development
activity. She stated they would not need
a dredge and fill permit as long as they can meet the intent of not requiring a
dredge and fill permit.
Upon inquiry by Commissioner McLean, Mr. McMillan advised he is comfortable
with what has been discussed with staff and the District Commissioner regarding
the type of muck removal permitted.
Upon inquiry by Commissioner Henley, Mr. McCollum advised there
will be some heavy equipment in the area for the typical demucking project. He stated if they work with small equipment
along the shoreline, they can delineate and manage it well to avoid any type of
substantial damage out there.
Hugh Harling, Harling & Locklin, addressed the Board to
state he has been working on this project for a while. He submitted a report (received and filed) showing
that the Dept. of Community Affairs is not involved. He displayed an aerial map (not received and
filed) showing the site and the road along Yankee Lake as well as swales along
the road. He stated they have had soil
investigations of this area and they have probed the entire area. There is approximately 14 ft. of peat in
certain areas of the lake system, but there is also fill that is scattered throughout
the entire lake. He said his intention
is to dig this lake out so they can get all the invasive species and manmade
material out of it. He added they are
not in a development area and they are not increasing the density. He has agreed to stay back 25 ft., minimum 50
ft. average, and create an upland buffer around the entire area. He added he wants to improve this entire area
and put a buffer around it to be able to maintain it in a pristine
condition. It is not his intention to
enhance the density or increase the intensity.
Upon inquiry by Commissioner Carey, Mr. Harling advised they
will be entering from the wetland area with a track hoe extension so that they can
get all the debris out. He displayed and
reviewed photographs (not received and filed) of Sand Lake in Lake County. He displayed a PSP and advised it was
approved by staff and the P&Z Commission.
Upon further inquiry by Commissioner Carey, Mr. Harling advised
he feels that if they can go three feet below the water table and work the
length of the lake, then they should be able to do it with the 4,000 cubic
yards. He stated he feels they can use
the right equipment and not be in the wetland.
District Commissioner Carey stated this is a unique situation
and an already disturbed situation on the water. She stated the Engineer and the Planning
Manager indicated that they have no problem with this as long as they are
taking all the manmade material and not disturbing the wetlands. The other pipe and swale issues have been
resolved and the only issue there is how are they going to clean up that lake.
Upon inquiry by Commissioner Carey, Mr. Harling advised he will
be submitting plans and a letter with all the changes they have agreed to. He stated he has a plan that shows the
removal of the peat down to three feet below the seasonal low. A description will be added as to how that
will be accomplished.
Motion by Commissioner Carey,
seconded by Commissioner Van Der Weide to authorize the applicant to submit a
final engineering plan that shows how they will clean up Miranda Lake in the
Deer Lakes Subdivision by removing all manmade material, removing the natural
products that man has placed there, the exotic species and invasive plants to the
level that it would not trigger a dredge and fill permit, Hugh Harling.
Under discussion and upon inquiry by Commissioner Henley,
Commissioner Carey advised she doesn’t think the final plans need to come back
to the Board.
Commissioner Henley recommended that the motion maker reword the
motion to approve subject to a satisfactory plan submitted.
Commissioner Carey stated she would be happy to make that amendment to the motion.
Upon inquiry by Commissioner Carey, Ms. DeBord advised the
process would be to submit the plans to the Planning and Development Department
and they will keep Mr. McCollum in the loop and he will work with the
Development Review staff.
Commissioner Carey informed Commissioner Henley that she is not requesting
that the plans be brought back to the Board.
Commissioner Van Der Weide stated he agrees with that.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Tony Matthews, Planning, addressed the Board to present request
for selection of members to serve on the 2010 U.S. Census Complete Count
Committee. He stated the Committee
consists of volunteer community leaders whose purpose is to create awareness,
achieve broad participation, and to achieve an accurate and complete population
count. The Board directed staff to
contact municipalities who have not appointed members to serve on the
committee, pursue additional committee representation from the business
community, and to provide the BCC with applications. He stated all municipalities have submitted
their appointments and staff has two additional names by way of the Seminole
County Chamber of Commerce. He submitted
an updated list of candidates (received and filed). He stated staff has revised the recommended
motion as outlined on page 2 of the updated list.
Motion by Commissioner Henley,
seconded by Commissioner Carey to appoint to membership on the Complete Count
Committee, as shown on the list on updated Candidates for Membership table;
direct staff to conduct a “kickoff” meeting with the Committee, at which
meeting the Committee will make a recommendation to the Board for a chairperson
to serve on the Committee; and direct staff to submit the Committee’s
recommendation for a chairperson to the Board for ratification, with staff’s
recommendation.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ian Sikonia, Planning, addressed the Board to present request
for the SCC Foundation Site Plan on approximately 4.84 acres, located on the
southeast corner of the intersection of College Drive and Lake Mary Blvd.,
Bryan Potts. He stated the SCC
Foundation rezone was approved on March 25, 2008 and Condition G of the
Development Order requires that the engineered site plan must be brought back
for Board approval. The engineered site
plan shows two buildings containing 44,610 sq. ft. and houses a bank and an
office. There are two access points
proposed along College Drive and a right-in only on W. Ridge Drive. The engineering site plan complies with the
Land Development Code and the approved development order. Staff recommends approval of the request per
staff findings.
Motion by Commissioner Carey,
seconded by Commissioner McLean to approve the SCC Foundation Site Plan on
approximately 4.84 acres, located on the southeast corner of the intersection
of College Drive and Lake Mary Blvd., Bryan Potts, per staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Kathy Fall, Planning, addressed the Board to present request for
Reduction of Code Enforcement Lien from $27,000 to $4,015.38, which represents
a 90% reduction of the total lien plus administrative costs of $1,315.38 for
Case #08-142-CEB on property located at 571 Grove Court, Altamonte Springs –
571 Grove Court Trust (previous owner) and U.S. Bank, N.A. (current
owner). She reviewed the background and timeline
of the violations as outlined in the agenda memorandum. She stated staff is recommending reducing the
lien to $4,015.38, which represents a 90% reduction of the total lien plus
administrative costs of $1,315.38, and that this lien be paid within 60 days or
the lien will revert back to its original amount ($27,000), and upon payment in
full, authorize the Chairman to execute the Satisfaction of Lien.
Upon inquiry by Commissioner Van Der Weide, Ms. Fall explained
why staff recommended a 90% reduction.
Commissioner
Carey stated it may be best to look at what kind of fine is imposed starting out. If they impose a more appropriate fine
starting out, then the Board wouldn’t have all of the reduction requests coming
in before them. Discussion ensued.
District Commissioner Van Der Weide stated he has some real concerns
about knocking 90% off of fines that these financial institutions find
themselves with because he does not think they are responding to the community.
Commissioner Carey stated a 60% reduction is what is mostly
considered.
Commissioner Van Der Weide stated he would like to think that
these financial institutions would act quicker and be more responsible.
Motion by Commissioner Van Der
Weide, seconded by Commissioner McLean to deny a reduction of Code Enforcement
Lien in the amount of $27,000 for Case #08-142-CEB on property located at 571
Grove Court, Altamonte Springs – 571 Grove Court Trust (previous owner) and
U.S. Bank, N.A. (current owner); and require this amount be paid within 60 days
and upon payment in full, authorize the Chairman to execute the Satisfaction of
Lien.
Under discussion, Commissioner McLean stated his concern with
going this route is consistency. He
stated he would like to know what has been done in the past with individuals
under the same circumstance.
Mr. McMillan stated each of these are unique circumstances.
Commissioner Carey stated in a case of the bank foreclosing, it
would be nice if they would hire more people to keep the property up. The banks are already taking a pretty good
size hit and she would like to know if there is anyone involved in this. She stated she would like to see the Code
Enforcement group try to keep the banks in line while the properties are
sitting out there.
Ms. Fall stated U.S. Bank has a representative in the audience
and they can answer any questions.
Commissioner Van Der Weide stated he will stand by his motion as
he feels the financial institutions are not taking care of their property real
well and others are leaving them to rot.
Brianna Finch, U.S. Bank, addressed the Board to state the bank
is trying to sell the property but with the lien on it that is not going to
happen.
Commissioner McLean stated he feels these are challenging
circumstances and the Board wants to send the proper message out that the Board
expects that these situations are corrected in a speedy manner. He stated the goal is compliance and perhaps
they should look at the time frame based on other cases of similar
circumstance. He stated he would rather
not put the owner in a situation where it is going to hinder them in moving the
property.
Ms. Finch stated she doesn’t see any notice that her client got
in April. Once they became aware of it,
they complied.
Jane Spencer, Code Enforcement Clerk, addressed the Board to
state one of the reasons for the reduction is they never received a notice. The Lis Pendens was filed under the name of Bernard
Hamilton and by the time code violation became open, the property owner was
changed to 571 Grove Court Trust. The
Lis Pendens was not discovered until they tried to sell the property. The bank never had an actual notice.
Commissioner Van Der Weide stated based on what he is hearing
from staff there are two things that concern him. One is these things keep coming back to the
Board and some of the people are cleaning up the property and some are
not. If staff is not doing what they are
supposed to be doing, he doesn’t think anyone should be paying for it. He stated he will withdraw his motion.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to approve a reduction to Code
Enforcement Board lien from $27,000 to $4,015.38, which represents a 90%
reduction of the total lien plus administrative costs of $1,315.38 for Case
#08-142-CEB on property located at 571 Grove Court, Altamonte Springs – 571 Grove
Court Trust (previous owner) and U.S. Bank, N.A. (current owner), and require
this reduced amount be paid within 60 days or the lien will revert to its
original amount ($27,000), and upon payment in full, authorize the Chairman to
execute the Satisfaction of Lien.
Under discussion and upon inquiry by Commissioner Henley, Ms.
Spencer advised the Code Enforcement officer inspected the property in July,
2009.
Joann Tamulonis, Code Enforcement Officer, addressed the Board
to advise she inspected the property on May 11, 2009 and it was not in
compliance at that time.
Upon inquiry by Commissioner Henley, Ms. Tamulonis advised she inspected
on May 11, 2009 and May 28, 2009. She
stated the property was in compliance on July 9, 2009.
Commissioner Carey stated since the Board will be seeing more of
these violations, she feels that County staff and the Sheriff’s Code
Enforcement staff need to get together in coordinating their information.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan reviewed the process in place for searching
ownership of property.
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Ms. Fall presented request to reduce the Code Enforcement Board
lien from $53,250 to $23,081.22, which represents a 60% reduction of the total
lien plus administrative costs of $1,781.22 for Case #08-11-CEB on the property
located at 2224 Grand Tree Court, Lake Mary – American Home Mortgage Servicing,
Inc. She reviewed the background and
timeline on the violations as outlined in the agenda memorandum. She stated staff recommends reducing the
amount of the lien to $23,081.22, which represents a 60% reduction of the total
lien plus administrative costs of $1,781.22, and that the amount be paid within
60 days or the lien will revert to its original amount ($53,250), and upon
payment in full, authorize the Chairman to execute the Satisfaction of Lien.
Ms. DeBord clarified for Commissioners Van Der Weide and Henley how
staff came up with a 60% reduction, how the work was done without a building
permit, and how to stop the code from being assessed. She stated a permit was pulled at a later
date.
Mr. McMillan stated he believes they were cited for failure to
pull the permit and by pulling that, they have cured the issue.
Upon inquiry by Commissioner Carey, Mr. McMillan advised once
the foreclosure takes place the lien is gone and then the bank sells them after
the foreclosure. Discussion ensued.
Motion by Commissioner Henley,
seconded by Commissioner Van Der Weide to approve a reduction of the Code
Enforcement Board lien from $53,250 to $23,081.22, which represents a 60%
reduction of the total lien plus administrative costs of $1,781.22 for Case
#08-11-CEB on the property located at 2224 Grand Tree Court, Lake Mary –
American Home Mortgage Servicing, Inc.; and require that this amount be paid
within 60 days or the lien will revert to its original amount ($53,250), and
upon payment in full, authorize the Chairman to execute the Satisfaction of
Lien.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S REPORT
Ms. Coto informed the Board that staff has received a request
from Julie Alexander, Chairman, Volusia County MPO, requesting a letter of
support be sent for pursuing a TIGER grant for the widening of SR 415 from SR
46 to Reed Ellis.
Motion by Commissioner Henley,
seconded by Commissioner Carey to authorize the Chairman to execute a letter to
the Volusia County MPO supporting pursuit of a TIGER grant for the widening of
SR 415 from SR 46 to Reed Ellis.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Coto requested Board approval to renew the State lobbyist’s
contract.
Motion by Commissioner Carey,
seconded by Commissioner McLean to extend the State lobbyist’s (Bobby Brantley)
contract for one year.
Under discussion, Commissioner Carey stated the Board probably
needs to streamline what they are doing by letting the lobbyist be the lobbyist
and report back. She said she doesn’t
think they need so many layers of staff reporting back to the Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S REPORT
Mr. McMillan stated his office has filed against Sun State Trees
last week and they are also in bankruptcy.
He stated two of his attorneys met with the U.S. Trustee overseeing the
bankruptcy and there are quite a few deficiencies in the petition they
filed. The bankruptcy petition may be
moved for dismissal.
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Mr. McMillan stated staff sent, by certified mail, with regard
to the Mr. Todd’s property and that was returned unaccepted. It was sent by regular mail and it was
returned as well. The Code Enforcement
clerk has been in contact with Mr. Todd’s son and the son told her to give it
up and to go ahead and proceed with the foreclosure.
Commissioner Henley stated he is still getting complaints from
the neighbors.
Motion by Commissioner Henley,
seconded by Commissioner McLean to authorize staff to go ahead with foreclosure
procedures with regard to the Todd property.
Under discussion and upon inquiry by Commissioner Carey, Mr.
McMillan stated staff can bring more information at the next Board meeting.
Chairman Dallari stated staff can brief each Board member and
bring it back at the next meeting.
Commissioner Henley withdrew
his motion. Commissioner McLean withdrew his second.
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Mr. McMillan stated the Board is getting significant amount of
e-mails regarding the hearing on the motion to tax cost and attorney’s fees against
the Riverkeepers. He stated the initial
hearing is on October 9 and most of the information the Board is getting is
bogus. The County has not sued the
Riverkeepers at all. The Riverkeepers and
supporters have brought seven different legal proceedings against the County and
SJRWMD in an attempt to side track the project.
He said he can provide more information on this issue if the Board
wishes.
Commissioner Carey stated if someone sues the County and if the
County prevails, they expect the taxpayers’ dollars to be reimbursed.
Mr. McMillan stated the Board will be getting more e-mails
between now and the hearing.
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The
Chairman recessed the meeting at 11:20 a.m., reconvening at 1:30 p.m., this
same date, with all Commissioners and all other Officials, with the exception
of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who
were present in the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Henley, seconded
by Commissioner McLean to authorize the filing of the proofs of publication for
this meeting’s scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
SMALL SCALE AMENDMENT &
REZONING
FROM R-3 TO PUD, JACK
REYNOLDS
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request for a Small Scale Land Use Amendment from High Density Residential
(HDR) to PUD (Planned Unit Development) on .51 acres located at the
intersection of SR 419 and W. 7th Street, Jack Reynolds, received
and filed.
Planner,
Joy Williams, addressed the Board to present the request, advising the
applicant proposes to develop a 2,500 square foot professional office building
that would allow for those uses permitted under the OP Zoning District; such as
dental, medical, and general office buildings providing professional business
services. She stated the applicant is
proposing some modifications from the required active/passive buffer setback
design standards as listed in the agenda memorandum. The P&Z Commission voted unanimously to
recommend approval and the staff also recommends approval of the land use
amendment, rezoning and Preliminary Master Plan.
Jack
Reynolds, applicant, addressed the Board to advise he has reviewed staff’s
recommendations and agrees with all the conditions of the Development
Order.
Upon
inquiry by Commissioner Henley, Mr. Reynolds stated they would switch over to
Aqua Utilities whenever it is available.
No one
else spoke in support or in opposition.
District
Commissioner Dallari recommended approval.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt Ordinance #2009-29, as shown on page
_______, approving a Small Scale Land Use Amendment from High Density
Residential to Office; and adopt Ordinance #2009-30, as shown on page _______,
granting rezoning from R-3 (Multi-Family Residential) to PUD (Planned Unit
Development) on .51 acres located at the intersection of CR 419 and West 7th
Street, as described in the proof of publication, Jack Reynolds; and approve
the Preliminary Master Plan, subject to conditions in Development Order, as
shown on page _______, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
SMALL SCALE AMENDMENT &
REZONING
FROM A-1 TO PUD, RASHID
JAMALABAD
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request for a Small Scale Amendment from Low Density Residential (LDR) to
Office (OFF) and rezone from A-1 (Agriculture) to PUD (Planned Unit
Development) on .97 acres, located on the northeast corner of the intersection
of Red Bug Road and SR 426, Rashid Jamalabad, received and filed.
Planner,
Ian Sikonia, addressed the Board to present the request, advising the applicant
wishes to develop a one-story office building.
The proposed Preliminary Master Plan indicates that the project will
contain a maximum of 5,382 square feet of general business and office
uses. The access for this development is
proposed on Red Bug Road and SR 426. The
applicant is also providing for non-motorized transportation amenities such as
a pedestrian connection to the existing sidewalk along SR 426 and an onsite
bicycle rack. He further advised the
applicant is requesting a waiver from the active buffer and from the north
buffer for six canopy trees instead of eight due to the cross access. He stated the P&Z Commission unanimously
voted to recommend approval and the staff also recommends approval, subject to
the conditions of the Development Order.
Rashid
Jamalabad, applicant, addressed the Board to advise they are in agreement with
all the staff’s comments and conditions.
No one
else spoke in support or in opposition.
District
Commissioner Dallari recommended approval.
Motion by Commissioner McLean, seconded
by Commissioner Carey to adopt Ordinance #2009-31, as shown on page _______,
approving a Small Scale Land Use Amendment from Low Density Residential (LDR)
to Office (OFF); adopt Ordinance #2009-32, as shown on page _______, granting
rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) on .97 acres,
located on the northeast corner of the intersection of Red Bug Road and SR 426,
as described in the proof of publication, Rashid Jamalabad; and to approve the
Preliminary Master Plan, subject to the conditions in the Development Order, as
shown on page _______, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST TO VACATE &
ABANDON,
GEORGE STREET R/W, SHERRI
FRAGOMENI
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request to vacate and abandon a portion of the public right-of-way of George
Street as shown on the plat of Winwood Park, as recorded in Plat Book 3, Page
30, of the Public Records of Seminole County; further described as located
north of East Altamonte Drive (SR 436) and east of Station Street, in Section
18, Township 21S, Range 30E, Fragomeni Engineering, Inc./Sherri Fragomeni,
received and filed.
Planner
Alan Willis presented the request, advising the applicant is requesting to
vacate because the right-of-way dead ends into the Travel Country parcel, which
has access on East Altamonte Drive. The
subject portion of the right-of-way is not needed for public access and the
proposed vacate will not hinder access to any adjacent properties. An agreement for the dedication of a utility
easement, after the right-of-way has been vacated, has been arranged between
Altamonte Springs and the owners benefiting from the vacate. He added that staff recommends approval.
Sherri
Fragomeni, applicant, addressed the Board to advise she agrees with all of
staff’s comments and recommendations.
No one
else spoke in support or in opposition.
Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt appropriate Resolution #2009-R-186, as shown on
page _______, vacating and abandoning a portion of the public right-of-way of
George Street as shown on the plat of Winwood Park, as recorded in Plat Book 3,
Page 30, of the Public Records of Seminole County; further described as located
north of East Altamonte Drive (SR 436) and east of Station Street, in Section
18, Township 21S, Range 30E, as described in the proof of publication,
Fragomeni Engineering, Inc./Sherri Fragomeni.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari advised the Tax Collector has requested the Board extend the tax rolls,
pending completion of the Value Adjustment Board hearings.
Motion by Commissioner McLean, seconded
by Commissioner Henley to authorize the extension of the tax rolls, pending
completion of the Value Adjustment Board hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari advised Latoya Washington, Membership & Marketing Coordinator of
the Florida Association of Counties wants to make a presentation to the Board
and might appear this afternoon.
-------
The
Chairman asked for Board direction with regard to the BCC meeting schedule for
November and December.
Motion by Commissioner Henley, seconded
by Commissioner Carey to schedule November 10 and December 8, 2009 as the BCC
meetings for the months of November and December.
Districts
1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
(w/attachment) dated September 17, 2009, from Karen van Caulil, Health Council
of East Central Florida, to Chairman Dallari re: Annual Board Attendance
Report. (cc: BCC, Mike Napier, Seminole
County Health Department)
2.
Fax
dated September 21, 2009, from Phyllis Kirby, Chuluota, Florida, to Board of
County Commissioners re: opposition to increased millage in the non-ad valorem
taxes.
3.
Copy of
letter dated September 11, 2009, from Bryan Nipe, Greenways and Natural Lands
Manager, to Ms. Mastrianni re: donation in memory of Gerry Mastrianni.
4.
Copy of
letter (w/attachments) dated September 18, 2009, from Gerald Paradise, City of
Casselberry, to Cynthia Coto, County Manager, re: notification of annexation of
properties located along the Seminola Boulevard area.
5.
Copy of
letter dated September 22, 2009, from Stan Toledo, Winter Springs, to Board of
County Commissioners, re: opposition to budget increase by passing on budget
short-falls to county taxpayers with increased real estate taxes.
6.
Letter
dated September 17, 2009, from Ubangi Hajj-Mak, Sanford, Florida, to Chairman
Dallari, re: request for information under the Freedom of Information Act. (cc:
BCC, Community Information, County Manager, Community Assistance, County
Attorney)
7.
Letter
dated September 15, 2009, from Wayne Hardy, Seminole Community College, to
Chairman Dallari, re: support of the small business community in Seminole County. (cc: BCC)
8.
Letter
received September 17, 2009, from Thomas Denton, Geneva, to Chairman Dallari
and Board of County Commissioners re: opposition to a tax increase. (cc: BCC)
9.
Letter
(w/attachments) dated August 25, 2009, from D. Ray Eubanks, Department of
Community Affairs, to Chairman Dallari re: submittal of Seminole County’s
proposed comprehensive plan amendments for review. (cc: BCC, Planning and Development)
10.
Letter
dated September 9, 2009, from George Oglesby, Oviedo, Florida, to Board of
County Commissioners re: opposition to the proposed SMSBA Assessment.
11.
Letter
dated September 9, 2009, from Dr. Bill Vogel, Superintendent, to Chairman
Dallari re: appreciation of contribution the Board of County Commissioners made
to the Early Learning Coalition of Seminole County. (cc: BCC)
12.
Letter
dated September 11, 2009, from David Halstead, State of Florida, Division of
Emergency Management, to Chairman Dallari re: approval of request for waiver of
the match requirements for the Emergency Management Preparedness Assistance
(EMPA) Base Grant. (cc: BCC, County
Manager, Deputy County Manager, Public Safety)
13.
Letter
dated September 9, 2009, from David Johnson, Property Appraiser, to Chairman
Dallari re: Seminole County Board of County Commissioner’s proportionate share
of the total approved budget. (cc: BCC)
14.
Letter
dated September 9, 2009, from David Johnson, Property Appraiser, to Chairman
Dallari re: Seminole County Unincorporated Road District’s proportionate share
of the total approved budget. (cc: BCC)
15.
Letter
dated September 9, 2009, from David Johnson, Property Appraiser, to Chairman
Dallari re: Seminole County/Municipal Fire District’s proportionate share of
the total approved budget. (cc: BCC)
16.
Copy of
letter dated September 5, 2009, from Frederick Evans, Geneva, Florida, to MSBU
Program, re: opposition to the proposed SMSBA.
17.
Notice
(w/attachment) of September 21, 2009, Florida Public Service Commission Public
Hearing and September 14, 2009, Pre-Hearing to Progress Energy, Dept. of Navy,
Federal Executive Agencies, Florida Industrial Power Users Group, Florida
Retail Federation, Office of Public Council, Office of the Attorney General,
White Springs Agricultural Chemicals, Inc., Association for Fairness in Rate
Marketing and All Other Interested Parties re: Increase in rates by Progress
Energy Florida, Inc., Bartow repowering project in base rates and authorization
to charge storm hardening expenses to the storm damage reserve. (cc: BCC, County Manager, Deputy County
Manager)
18.
Copy of
letter dated August 26, 2009, from Janet Dougherty, City of Sanford, to Cindy
Coto, County Manager, re: Notice of September 14, 2009, to consider adoption of
a resolution related to the Revised Redevelopment Plan and Finding of Necessity
for the Lake Monroe Waterfront and Downtown Sanford Community Redevelopment
Area.
19.
Letter
dated September 7, 2009, from Donald Fann, Sanford, Florida, to Board of County
Commissioners re: opposition to the stormwater fee.
20.
Letter
dated September 8, 2009, from William
Daniel, Oviedo, Florida, to Board of County Commissioners re: opposition to the
stormwater fee.
21.
Letter
received September 8, 2009, from Residents of Lake Eva Drive, to Board of
County Commissioners, Fiscal Service Dept. - MSBU Program, re: requesting
exemption from the proposed SMSBA assessment.
22.
Letter
dated September 1, 2009, from June Severs, Longwood, Florida, to Board of
County Commissioners re: opposition to stormwater tax.
23.
Fax
dated September 2, 2009, from Gregory and Sherry Shields, Geneva, Florida, to
Board of County Commissioners re: opposition to proposed stormwater assessment.
24.
Letter
dated August 31, 2009, from Bristol Conklin, CPH Engineers, Inc., to
Commissioner Dallari re: recommending adoption and implementation of stormwater
program.
25.
Letters
dated September 2, 2009, from John Tesinsky, Mike Tesinsky, Marlene Tesinsky
and Suzanne Tesinsky, Oviedo, Florida, to Commissioner Dallari re: opposition
of the adoption of the non-ad valorem assessments to property owners.
26.
Letter
dated September 2, 2009, from Joie Alexander, Volusia County MPO, to Chairman
Dallari and Board of County Commissioners re: TIGER Grant for the widening of
SR 415 from SR 46 in Seminole County to Reed Ellis Road in Volusia County.
27.
Letter
(w/attachments) dated September 3, 2009, from Bernard Blackwood, Oviedo,
Florida, to Chairman Dallari and Board of Commissioners re: opposed to proposed
non-ad valorem assessment.
28.
Letter
dated September 3, 2009, from Ann and Eric Esterson, Sanford, Florida, to Board
of County Commissioners re: opposed to the proposed SMSBA assessment.
29.
Letter
received September 4, 2009, from Rachel Roberson, Kaily Benedict, Dana
Roberson, Seminole County, Florida, to Chairman Dallari re: support of the 4-H
Program.
30.
Letter
received September 4, 2009, from Jodie Bodeker and Alex Fisk, Seminole County,
to Chairman Dallari re: support of the 4-H Program.
31.
Postcard
received September 3, 2009, from Laura Feton, Seminole County, to Chairman
Dallari re: support of 4-H Program.
32.
Letter
dated August 28, 2009, from Bill Villegas, Geneva, Florida, to Board of County
Commissioners re: opposition to the proposed non-ad valorem assessment.
33.
Letter
dated August 28, 2009, from James Gamble, Altamonte Springs, Florida, to
Chairman Dallari re: opposition to the proposed non-ad valorem assessment.
34.
Letter
dated September 3, 2009, from Pamela Randle, Lake Mary, Florida, to Chairman
Dallari re: opposition to increase in millage rates.
35.
Copy of
letter dated August 31, 2009, from Bryan Nipe, Greenways and Natural Lands
Manager, to Earth Web Foundation re: donation in honor of Kimberly Bronson.
36.
Copy of letter
dated August 31, 2009, from Julia Thompson, Parks and Recreation Manager, to
Earth Web Foundation re: donation in honor of Orlando After School All Stars.
37.
Copy of
letter dated August 31, 2009, from Julia Thompson, Parks and Recreation
Manager, to Seminole County 4-H re: donation in honor of Shelda Wilkens.
38.
Copy of
petition dated August 27, 2009, submitted by John Moore, Geneva, Florida to
Board of County Commissioners and Fiscal Services Dept., MSBU Program re:
opposition to proposed non-ad valorem assessment.
39.
Letter
dated August 28, 2009, from John Markowicz, Geneva, Florida, to Chairman
Dallari re: opposition to SMBA tax.
40.
Letter
dated August 29, 2009, from Margaret Lukas, Chuluota, Florida, to Board of
County Commissioners and Fiscal Services Department MSBA Program re: opposition
to proposed non-ad valorem assessment.
41.
Letter
dated August 27, 2009, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: program changes for Bright House Networks’ customers.
42.
Letter
(w/attachments) dated August 24, 2009, from David Diggs, Seminole County
Sheriff’s Department, to Chairman Dallari re: 2009 Annual F.M.J.S. Facility
Inspection Report – John E. Polk Facility.
43.
Notice
of Altamonte Springs, Florida, September 9, 2009 public hearing re: request by
Emerson International, Inc., for a Conditional Use to allow public, private and
parochial schools in the MOR-3 Mixed Office/Residential Zoning District. (cc: BCC, Planning and Development)
44.
Copy of
letter (w/attachments) dated August 31, 2009, from Cathy Galvis, Department of
Revenue, to David Johnson, Property Appraiser, re: notification of finalization
of County Constitutional Officers for fiscal year 2009-2010.
45.
Letter
dated September 1, 2009, from James Wartski and Jack Halsey, West Point Society
of Central Florida, to Chairman Dallari re: Resolution 09-R-168 in support of
legislation to waive selected requirements for the creation of a specialty
plate honoring West Point.
46.
Letter
(w/attachment) dated August 29, 2009, from Sam Stark, Jonathan Mousseau, Tom
Hagood and Bruce Skwarlo, Central Florida Sports Commission, to Chairman
Dallari re: July 2009 Activities Report.
47. Letter dated September 2, 2009, from Randall
LaBauve and Robert Sharra, Florida Power and Light, to Seminole County re: submission
of an application for a certificate to construct, operate and maintain the
Florida EnergySecure Line.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
McLean advised he was the Master of Ceremonies at the Community-based Care
Breakfast held on August 27 at the Lake Mary Events Center and the event raised
$30,000.
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Commissioner
McLean stated he attended the EDC Economic Development meeting on September 10,
2009 at the Sanford Airport Authority which was attended by the seven city
managers; and on the same day he and Sanford Mayor Kuhn opened the new UCF
Incubator in the City of Sanford.
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Commissioner
McLean said he was involved in the Leadership Seminole Government Session lunch
meeting and class discussion on September 11, 2009, which was also attended by
Commissioners Carey and Henley.
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Commissioner
McLean advised FAC will be holding a policy committee meeting on September 23 –
25, 2009 at the Lake Mary Marriott. He
said he will be unable to attend.
Commissioner
Carey informed the Board that there is a reception being held Thursday night
that, hopefully, all Commissioners will attend.
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Commissioner
McLean wished Commissioner Carey a belated Happy Birthday (yesterday).
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Commissioner
Henley advised he spent 12½ hours in mediation, as Chair of LYNX, last week;
and reached a settlement of the $1.8 million lawsuit against LYNX.
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Commissioner
Carey stated she participated in both Leadership Seminole and Leadership
Orlando classes during the past two weeks.
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Commissioner
Carey advised she attended the William C. Schwartz Industry Innovation Awards
on September 17th and was happy to see so many Seminole County
businesses represented there.
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Commissioner
Carey said she also attended the MyRegion.org Executive Committee meeting. She noted that the County does not have any
money budgeted for this organization.
She stated that they discussed what their next step would be; and
clearly if Seminole County is not going to be a dues-paying member, they will
not have a seat at the table. She added
that she would hate to see the County being left out of the regional
discussions.
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Commissioner
Carey advised that September 17th began the national celebration of
Constitution Week which commemorates America’s most important document. She stated that the tradition of celebrating
the Constitution was started many years ago by the Daughters of the American
Resolution (DAR). The aims of the
celebration are to emphasize citizens’ responsibilities for protecting and
defending the Constitution, preserving it for posterity and informing the
people that the Constitution is the basis for America’s great heritage and the
foundation for our way of life. It also
encourages the study of the historical events which led to the framing of the
Constitution in September 1787.
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Commissioner
Carey advised October is Domestic Violence Awareness Month and citizens can
take an active part in supporting this awareness by letting a purple light
shine on their porch or their place of business during the month of
October. She stated that purple light
bulbs can be purchased for $3 at the following locations: Nature’s Table Cafes, SCC, SafeHouse of
Seminole, or the Sanford Police Department.
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Commissioner
Carey reported that a meeting took place last week with Senator Constantine who
is trying to change the County’s Charter to have a strong mayor form of
government. She said it was interesting
that none of the County Commissioners were invited to attend. She further said she is opposed to changing
the County’s form of government and she wanted to make the entire Board aware
of this issue.
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Chairman
Dallari commended the City of Oviedo for receiving one of the William C.
Schwartz Industry Innovation Awards.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 1:55 p.m.
ATTEST_________________________Clerk____________________Chairman
er/slm