BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
SEPTEMBER 28, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 1:30 p.m., on Tuesday,
September 28, 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)
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Jane Spencer
Pastor Wes
Tanksley, Riverwalk Church of God, Sanford, gave the Invocation.
Commissioner
Van Der Weide led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by
Commissioner Carey, seconded by Commissioner McLean, to adopt appropriate
Resolution #2010-R-194, as shown on page ________, recognizing Patricia L.
Starr for 30 years of dedication and service to Seminole County Government and
its citizens, upon her retirement on September 25, 2010.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey presented the Resolution to Ms. Starr.
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Motion
by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt
appropriate Resolution #2010-R-195, as shown
on
page ________, proclaiming October as “Greenways and Trails Month.”
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner McLean presented the
Resolution to Mike Williams, member of the Leisure Services Advisory Committee,
who addressed the Board to express his appreciation to the Commissioners for
their ongoing support and encouraged all citizens to come out and enjoy the
trail system which makes Seminole County a great place to live.
PROOF OF PUBLICATION
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide, to authorize the
filing of the proof of publication for this meeting’s scheduled public hearing
into the Official Record.
Districts 1, 2, 3, 4 and 5
voted AYE.
PUBLIC HEARING
ORANGE BOULEVARD
SMALL SCALE
LAND USE
AMENDMENT, KBC Development
Proof of
publication, as shown on page _______, calling for a public hearing to consider
the Small Scale Land Use Amendment for 1.9 acres, from MDR (Medium Density Residential)
to COM (Commercial) and a Rezone from A-1 (Agriculture) and R-1 (Single Family
Dwelling District) to PCD (Planned Commercial Development), located at the
southwest corner of Orange Boulevard and Dunbar Street, KBC Development, Inc., received
and filed.
Cynthia
Sweet, Planning and Development Division, addressed the Board to present the
request, advising the applicant proposes to use the property for commercial and
office with uses permitted within the CN, CS, and C-1 zoning districts, with
the following exceptions and conditions:
Uses that may be allowed subject to a revised site plan are fire stations,
public and private schools, banks, day nurseries and kindergartens. Uses that are prohibited are appliance stores,
churches, funeral homes, plant nurseries and Special Exception uses per
Seminole County Land Development Code Section 30.743.
In addition, the applicant is requesting the following waiver requirements: (1) Off-street parking; (2) Loading and
unloading; and (3) Active/passive buffer setback design standards on the south,
east and west side of the property.
Ms. Sweet advised that per Policy FLU 2.4, Neighborhood Commercial Uses,
the County may adopt small scale commercial plan amendments in areas designated
solely for residential uses only under the following conditions: (a) Uses do not encourage urban sprawl, are
intended to serve the local area only, and are supportive of and consistent
with the character of the neighborhoods they are intended to serve; (b) Uses
are located at the intersection of collector or arterial roadways and will not
set a precedent for future strip commercialization; and (c) Development occurs
in accordance with the Land Development Code (LDC) Performance Standards,
including intensity limitations based on traffic impact studies.
Ms. Sweet stated staff finds that a new commercial use introduced to the
south side of Orange Boulevard may contribute to urban sprawl. Staff further finds that encroachment into an
existing residential neighborhood may potentially set a precedent for strip and
commercial patterns in the future and feels that an office use would provide a
more effective transition.
Ms. Sweet reviewed the list of proposed changes to the Development Order
that the applicant submitted at the September 1, 2010 Planning and Zoning
Commission meeting. The P&Z
Commission voted unanimously to recommend approval of the request based on the
staff-prepared Development Order with the applicant’s proposed changes. Ms. Sweet advised that staff recommends
denial of the Land Use Amendment as originally presented by the applicant.
Charlie Madden, Madden, Moorhead & Glunt, addressed the Board to
advise his firm is representing Michael Good, the applicant. Mr. Madden introduced an aerial photograph
(received and filed) of the KBC Office Park and discussed the existing land
uses in the area. Mr. Madden explained
why he believes the proposed change in land use would be appropriate.
Mr. Madden stated that since Jerry McCollum, County Engineer, had
suggested the applicant obtain neighborhood support, there is a petition signed
by many of the neighbors on Dunbar Avenue included in the packet. He stated the neighbors support a driveway
coming off of Dunbar.
Upon inquiry by Commissioner Henley, Mr. Madden explained who would be
using the Dunbar entrance and who would be using the main entrance on Orange
Boulevard. Mr. Madden stated he believes
the Dunbar entrance primarily would be used by people that live on Dunbar.
Upon inquiry by Commissioner Carey, Mr. Madden discussed the result of
the traffic study stating it is operating on an A level of service now and will
continue to operate on an A level of service.
No one spoke in support or in opposition.
Mr. Madden distributed a document (received and filed) outlining KBC's proposed
changes to the staff-prepared Development Order and stated that these changes
were approved at the P&Z meeting. He
further stated there was one additional item, Item 3-K, which stated one
parking space shall be provided for every 200 feet of gross floor area. He asked that that item be removed since they
are meeting the Seminole County Land Development Code and are not asking for
waiver of parking.
District Commissioner Carey stated she believes the request for office or
neighborhood commercial is appropriate.
Motion by Commissioner Carey, seconded by Commissioner Van
Der Weide, to adopt Ordinance #2010-19, as shown on page _______, approving a
Small Scale Land Use Amendment from MDR (Medium Density Residential) to COM
(Commercial), and adopting Ordinance #2010-20, as shown on page _______,
granting rezoning from A-1 (Agriculture) and R-1 (Single Family Dwelling
District) to PCD (Planned Commercial Development), for property consisting of 1.9
acres, located at the southwest corner of Orange Boulevard and Dunbar Street,
as described in the proof of publication, KBC Development, Inc.; subject to the
conditions included within the staff-prepared Development Order, as shown on
page ________, and the following additional conditions: to strike Item 3B which is access to Dunbar
Drive; to modify 3F, the west buffer, to be a minimum width of 5 feet with an
average width of 15 feet; to modify the language in the staff-prepared
Development Order that says the PVC fence is going to be set inside, that it
should be set on the property line; to strike Item K, that the applicant will
need to meet the parking requirements when they get to the point of knowing
exactly what is going to be built; and to strike Item Q.
Under discussion, Commissioner Carey further advised that since no one
knows what this is going to be, in the event the driveway can be moved further
back or relocated at some point near the final plan, she doesn’t think it
should have to come back to this Board since it is a minor change. Commissioner Carey stated she believes the
issue has been properly vetted and wants it to be a part of the approval.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Lindy Freeman, 1617 Overlook Road, addressed the Board to discuss the
already passed aquatic weed control for Myrtle Lake. Ms. Freeman introduced a DVD (received and
filed) which illustrates the restoration of Myrtle Lake.
COUNTY
MANAGER’S CONSENT AGENDA
Acting
County Manager Joe Forte advised that Item #12, Neighborhood Stabilization
Program Rental Property Donation and Acceptance Tri-Party Agreement, is being
withdrawn by staff for some corrections and will be bought back at the October
12 meeting; and that Item #39, Request for Reduction of Code Enforcement Lien,
is being withdrawn at the request of the applicant.
Mr. Forte advised that while the
background information in Item #19, Certificate of Acceptance of Subgrant
Award, states the funding for the Juvenile Assessment Center remains pending,
the award came in the mail on September 23 after the agenda had gone to
print. Mr. Forte requested the item be
amended to reflect both awards and approve and authorize the Chairman to sign
the Certificate of Acceptance for both awards totaling $230,104 since they are
both part of the same grant.
Commissioner
Carey discussed Item Number #17, Florida Department of Environmental Protection
Grant, and advised that while the request states the remaining funding of
$620,350 would come from the 17/92 CRA fund, there is only $225,000 budgeted
for that.
Mr. Forte stated the balance of the
funding will come from FDOT and that it should have been explained clearer in
the agenda item. Mr. Forte explained the
County has budgeted $225,000 with FDOT making up $520,000 and the FRDAP grant making
up $200,000. Commissioner Carey stated
since the information doesn't reflect that FDOT is in the mix, she wants it on
the record that the County is not taking $620,000 from the 17/92 CRA fund.
Lisa Spriggs, Fiscal Services
Director, addressed the Board to state that the application is due this week;
and while there have been discussions with DOT, there is no formal commitment. Ms. Spriggs stated to support the grant
application and to support the match, she has requested it as CRA funds,
meaning if the DOT money doesn’t come through, she would support the project
with CRA funds. Ms. Spriggs stated the
application could be pulled.
Mr. Forte stated the item would
need to go back to the CRA for approval for additional money if the DOT money
does not come through.
Motion by
Commissioner Carey, seconded by Commissioner McLean to approve and authorize
the following:
County Manager’s Office
Business Office
4. Approve and authorize Chairman to
execute five (5)
First Amendment, as shown on page
_______, to Civil Traffic Hearing Officer Service Agreements for 2010/11 with
Charles Cino, Christopher Morrison, John Pascucci, Joseph Perzan and Ava
Tunstall.
Purchasing & Contracts
Division
5. Approve Work
Order #13, as shown on page _______, for PS-3914-08/VFT (General Environmental
Services) in the amount of $124,861.10 with Shaw Environmental and
Infrastructure, Inc. of Winter Garden, Florida; and authorize the Purchasing
& Contracts Division to execute the Work Order.
6. Waive the
procurement process and authorize the issuance of Purchase Orders to Mary B.
Hope, CPA, LLC, on an as-needed basis at a rate of $100.00 per hour for County
financial consulting and $125.00 per hour for disaster reimbursement work under
a declared assistance program.
Central Services
Support Services Division
7. Approve and
authorize the Chairman to execute the new Lease Agreement, as shown on page
_______, with the Seminole County Sheriff’s Office and State of Florida
Department of Law Enforcement for Secondary Computer Data Storage Site.
Community Services
Business Office
8. Adopt and
authorize the Chairman to execute appropriate Resolution 2010-R-196, as shown
on page _______, amending fees for FY 2010-2011 to Section 20.26 of the
Seminole County Administrative Code.
9. Approve
and authorize the Chairman to execute the Amendment, as shown on page _______,
to Seminole Community Mental Health Center, Inc. Agreement FY 2009-2010.
10. Approve and authorize the Chairman to execute
the Memorandum of Agreement, as shown on page _______, between the Seminole County
Health Department and Seminole County FY 2010-2011.
11. Approval of staff-recommended allocation to
the following agencies listed for Community Services Partnership Grant funds in
the amount of $682,000 for FY 2010/11:
Meal on Wheels, Intervention Services, Christian Sharing Center,
SafeHouse of Seminole, Kids House of Seminole, Seniors First, Seminole
Community Volunteer Program, Early Learning Coalition of Seminole, SafeHouse of
Seminole – Visitation, The Foundation for Seminole County Public Schools(Midway
Safe Harbor), Boys & Girls Club of Central Florida, Lighthouse Central
Florida, Boys Town of Central Florida, and Special Olympics
Community Assistance Division
12. Withdrawal
of request to approve the Neighborhood Stabilization Program Rental Property
Donation and Acceptance Tri-Party Agreement among Seminole County, Clarkson
Concepts, Inc. and Milestone Social Services, Inc.
Environmental Services
Business Office
13. Approve the Assignment, as
shown on page _______, of the Conditional Utility Agreements for Water and
Sewer Service between Heathrow Apartments, LLC and Lincoln National Life
Insurance Company for the project known as Pure Living at Heathrow (a/k/a
Heathrow Apartments).
14. Approve and authorize the Chairman to execute
the Fourth Amendment, as shown on page _______, to the Memorandum of
Understanding between the St. Johns River Water Management District and
Seminole County for Aquifer Storage Recovery Construction and Testing.
Solid Waste Management
15. Approve the semi-annual fuel adjustments
(CPI-F fuel index) for residential solid waste collection services, as
contained in Section 13(e) of the Franchise Agreements, with new rates to
become effective on October 1, 2010.
Fiscal Services
Business Office
16. Approve and authorize the
Chairman to execute a Grant
Agreement, as shown on page _______,
with the Florida Department of Agriculture and Consumer Services in acceptance
of up to $37,000 through their Anthropod (Mosquito) Control Program.
17. Approve to submit a Grant
Application to the Florida Department of Environmental Protection requesting
$200,000 through their Florida Recreation Development Assistance Program
(FRDAP); and authorize the County Manager to execute any documents as may be
required for the application.
18. Adopt appropriate Resolution 2010-R-197, as
shown on page _______, delegating to the County Manager, County Attorney,
Director of Fiscal Services and their designees the authority to hold public
hearings in connection with private activity bonds to finance and refinance
facilities in Seminole County.
19. Approve and authorize the Chairman to execute Certificate
of Acceptance of Subgrant Awards, as shown on page _______, in acceptance of
$230,104 in grant funding to the Sheriff's Office from the Florida Department
of Law Enforcement through their Edward Byrne Memorial Justice Assistance Grant
Program for the Multi-Agency Gang Task Force and Juvenile Assessment Center
projects.
Budget Division
20. Approve and authorize the
Chairman to execute appropriate Resolution 2010-R-198, as shown on page
_______, implementing Budget Amendment Request (BAR) #10-92 in the amount of
$822,542 to move the Jetta Point Park Project (CIP #00234601), totaling
$411,271, from the General Fund to the Tourism Development Fund.
MSBU
Program
21. Approve termination of
1992 Howell Creek Aquatic Weed Control Interlocal Agreement with Orange County
and authorize MSBU Program to mail termination notice.
Growth
Management
Planning
& Development Division
22. Authorize the release of the Cash Maintenance
Bond and Maintenance and Escrow Agreement for paving and drainage improvements,
in the amount of $1,800.00, for the Norrell Office - Beasley Road
improvements. (Thomas E. Norrell)
23. Adopt and authorize the Chairman to execute appropriate
Resolution 2010-R-199, as shown on page _______, vacating and abandoning a
portion of the platted 10 foot wide utility easement, situated on the west side
of Lot 13, Trinity Bay, as recorded in Plat Book 30, Pages 45 through 48, of
the Public Records of Seminole County, Florida, and further described as 5620
S. Lake Burkett Lane, Winter Park, Florida; in Section 36, Township 21S, Range
30E. (John S. Oakes and Lori Ann Elliott)
24. Authorize the release of the Cash Maintenance
Bond and Maintenance and Escrow Agreement for paving and drainage improvements,
in the amount of $7,235.37, for Girls and Boys Town. (Boys Town Central
Florida, Inc.)
25. Adopt and authorize the Chairman to execute appropriate
Resolution 2010-R-200, as shown on page _______, vacating and abandoning a
portion of the platted 14 foot wide utility easement situated at the east side
of Lot 11, Block I, English Estates Unit One, as recorded in Plat Book 13, Page
1, of the Public Records of Seminole County, Florida, and further described as
1210 Stratford Road, Maitland, Florida; in Section 20, Township 21S, Range 30E.
(Robert L. and Judy A. Fishel)
26. Authorize the release of the Irrevocable
Standby Letter of Credit # BB10046/AR45, in the amount of $180,536.20, for the
I-4 Industrial Park Sections 5 and 6, Space Port U.S.A.
27. Authorize the release of the Right-of-Way
Utilization Permit Maintenance Bond # 70545909, in the amount of $2,430.00, for
Pools by Bradley. (DBM Puddles, LLC)
28. Authorize the release of the Maintenance and
Escrow Agreement and Cash Maintenance Bond, in the amount of $1,044.00, for the
paving and drainage improvements on the Maple Leaf Commerce Center. (Thomas
Indrunas Enterprises)
29. Adopt and authorize the Chairman to execute appropriate
Resolution 2010-R-201, as shown on page _______, to vacate and abandon a
portion of the platted easterly 5-foot utility easement and a portion of the
platted westerly 5-foot utility easement on Lot 255, Bel Aire Hills Unit Three,
as recorded in the Public Records of Seminole County, Florida in Plat Book 24,
Pages 37 and 38, in Section 18, Township 21 S, Range 29E and further described
as 2929 Bermuda Avenue South, Michael DeQuattro.
Leisure Services
Parks and Recreation Division
30. Approve and authorize the
Chairman to execute the Facility Use Agreement, as shown on page _______, with
Zumba Today for Fitness and Martial Arts Programs at Sylvan Lake Park.
Public
Safety
Business
Office
31. Approve and authorize the Chairman to execute
appropriate Resolution 2010-R-202, as shown on page _______, establishing a
Seminole County Floodplain Management Planning Committee.
32. Approve and authorize the Chairman to execute
the License and Support Agreement, as shown on page _______, between Seminole
County and Dialogic Communications Corporation ("DCC").
Public Works
Engineering Division
33. Adopt appropriate
Resolution 2010-R-203, as shown on page _______, and authorize the Chairman to
execute a Local Agency Program Agreement, as shown on page _______, for the design
of the Seminole-Wekiva Trail, Phase 4, from State Road 436 (San Sebastian
Trailhead) to the Orange County Line at the intersection of Bear Lake Road and
Maitland Boulevard. (FDOT - FPN:
424929-1-38-01)
34. Adopt appropriate
Resolution 2010-R-204, as shown on page _______, and authorize the Chairman to
execute a Locally Funded Agreement Supplemental Amendment Number 2, as shown on
page _______, with the Florida Department of Transportation in conjunction with
the Transportation Regional Incentive Program (TRIP) Funding for the acquisition
of right-of-way for the State Road 434 project from Montgomery Road to
Interstate 4. (Financial Project Number 240233-2-{4B, 43 & 45}-01)
35. Adopt appropriate
Resolution 2010-R-205, as shown on page _______, and authorize the Chairman to
execute a Locally Funded Agreement Supplemental Amendment Number 4, as shown on
page _______, with the Florida Department of Transportation in conjunction with
the Transportation Regional Incentive Program (TRIP) Funding for the State Road
434 project from Interstate 4 to Rangeline Road. (FDOT-Financial Management
Number 240233-3-{4B/43/45}-01)
Districts 1, 2, 3, 4 and 5
voted AYE.
County Attorney’s Consent Agenda
Request to approve, Fisher &
Phillips’, Labor Counsel, rate increase to $250/hour/Partner/Of Counsel Attorney
and $220/hour/Associate Attorney from the current blended rate of $210/hour was
presented.
Commissioner Henley stated he would
not be supporting this item as he believes it is entirely too much money for
the types of services provided. He
further stated he believes the Board may need to think of another process since
over $71,000 has already been spent this year and the County still hasn’t
gained anything with more yet to be spent.
Commissioner Henley stated he believes $210 per hour is sufficient for
this type of work.
Upon inquiry by Commissioner Carey,
Robert McMillan, County Attorney, stated he had asked Fisher & Phillips why
they were switching from a blended rate and it was suggested that it was to
hold down the price, that they would be charging less for the associates than
they do now. Mr. McMillan further stated
his intention was to use his newly hired deputy, who used to be the chief labor
negotiator for Orange County for 13 years, for a lot of the Personnel, HR and
Union matters that outside counsel is currently used for and perhaps be able to
cut those hours down.
Upon inquiry by Commissioner
Henley, Mr. McMillan stated that his staff does handle some of the grievances
and other labor counsel issues. He
explained how using the same attorney to do both functions (advising the
department bringing the action and then advising the Appeals Grievance Board
and County Manager), can prejudice the process.
Commissioner Henley expressed concerns
in increasing this rate by $40 an hour when the County can't reward their own employees
with an increase of a few dollars.
Commissioner Carey stated if the
matter is not time sensitive, she would like to see some kind of analysis
concerning how much time is spent on HR grievance issues versus other matters. Mr. McMillan stated that an RFP for labor
counsel has not gone out since he has been employed with the County.
Commissioner Carey asked if the
matter could be continued, get an analysis as to what the use is and also find
out if Fisher & Phillips has considered a blended rate. Chairman Dallari asked that a breakdown of
what has typically been paid in each category be included in the analysis.
The consensus of the Board was to continue Fisher & Phillips’, Labor
Counsel, request for rate increase to $2250/hour/Partner/Of Counsel Attorney
and $220/hour/Associate Attorney from the current blended rate of $210/hour.
Constitutional Officers’ Consent Agenda
Motion by
Commissioner Carey, seconded by Commissioner Henley, to approve and authorize the
following:
Clerk’s
Office
37. Approval of Expenditure Approval Lists,
as shown on page _______, dated August 23 & 30, 2010; and Payroll Approval
List, as shown on page _______, dated September 2, 2010; approval of BCC
Official Minutes dated August 10 and 24, 2010.
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. Notices to Taxing Authorities from the City of
Oviedo relating to establishing Community Redevelopment Area Boundaries.
2. 1st Amendment, as shown on page _______, to
IFB-600537-08.
3. Amendment #1, as shown on page _______, to
Work Order #50 to PS-1529-06.
4. Amendment #1, as shown on page _______, to
Work Order #13 to PS-4388-09.
5. Work
Order #47, as shown on page _______, to RFP-4277- 09.
6. Amendment
#3, as shown on page _______, to PS-5174-04.
7. Head Tennis Pro Agreement, as shown on page
_______, for Mick Andrews.
8. Exhibit B, as shown on page _______, for
Tennis Pro Agreement, Brian Morrisey.
9. Amendment #1, as shown on page _______, to
Work Order #66 to PS-1529-06.
10. Amendment #1, as shown on page _______, to
Work Order #3 to M-5004-09.
11. Work Orders #58 and #59, as shown on page
_______, to CC-1741-07.
12. Amendment #2, as shown on page _______, to
Work Order #115 to PS-5165-04.
13. Amendment #1, as shown on page _______, to
Work Order #45 to PS-1529-06.
14. Work Order #6, as shown on page _______, to
CC-0023-05.
15. Work Order #10, as shown on page _______, to
CC-3321-08.
16. Memorandum to Jane Spencer, BCC Records, from
County Attorney Robert McMillan designating
Ann E. Colby as having temporary signature authority for County
Attorney’s office.
17. Audit Report for Utilization of Heavy
Equipment prepared by Maryanne Morse, Clerk of Circuit Court.
18. Amendment #2, as shown on page _______, to
Work Order #24 to PS-5175-04.
19. IFB-600959-10 Term Contract, as shown on page
_______, for Fire Hose Testing and Repair, Fire Catt, LLC.
20. Closeout, as shown on page _______, for CC-4336-09.
21. Change Order #4, as shown on page _______, to
CC-4864-09.
22. Amendment #1, as shown on page _______, to
Work Order #9 to PS-4388-09.
23. Work Order #7, as shown on page _______, to
PS-5172-04.
24. Work Order #2, as shown on page _______, to PS-4736-10.
25. Addendum #3, as shown on page _______, to
Savannah Park Minor Amendment.
26. Scriveners Error Correction, as shown on page
_______, for Development Order #09-3000022, Francisco Torregrosa.
27. Restrictive Use Covenants, as shown on page _______,
for 2200 Winslow Circle; 2105 Hartwell Ave.; and 1825 Merthie Dr.
28. Corrective Restrictive Use Covenant, as shown
on page _______, for 109 De Soto Avenue.
29. Exhibits, as shown on page _______, for
Restrictive Use Covenants for 1831 Merthie Dr.; 1819 Merthie Dr.; 1837 Merthie
Dr.; and 1813 Merthie Dr.
30. Amendment #2, as shown on page _______, to
Work Order #4 to RFP-4277-09.
31. Amendment #1, as shown on page _______, to
Work Order #16 to RFP-0013-05.
32. Work Order #1, as shown on page _______, to
PS-5116-10.
33. Amendment #2, as shown on page _______, to
Work Order #15 to RFP-0013-05.
34. Amendment #1, as shown on page _______, to
Work Order #5 to RFP-4259-05.
35. Amendment #2, as shown on page _______, to
Work Order #20 to RFP-0013-05.
36. Work Order #21, as shown on page _______, to
RFP-0013-05.
37. Amendment #1, as shown on page _______, to
Work Order #12 to PS-1020-05.
38. Amendment #2, as shown on page _______, to
Work Order #1 to PS-3065-08.
39. Work Order #48, as shown on page _______, to
CC-1075-06.
40. Work Order #6, as shown on page _______, to
RFP-2574-07.
41. First Amendment, as shown on page _______, to
IFB-600895-10.
42. Amendment #4, as shown on page _______, to
Work Order #19 to PS-1529-06.
43. Amendment #1, as shown on page _______, to
Work Order #1 to PS-3914-08.
44. Work Order #66, as shown on page _______, to
PS-1529-06.
45. Work Order #5, as shown on page _______, to
RFP-2574-07.
46. Amendment #1, as shown on page _______, to
Work Order #14 to PS-1020-05.
47. Work Order #45, as shown on page _______, to
PS-5174-04.
48. IFB-600907-10 Contracts, as shown on page
_______, Great Southern Construction Equipment Co.; Ring Power Corporation; and
Thompson Pump and Manufacturing Co.
49. Amendment #1, as shown on page _______, to
RFP-600846-10.
50. Bids
as follows: RFP-600941-10; 600967-10;
PS-5738-10; CC-5769-10; 600977-10 and IFB-600955-10.
REGULAR
AGENDA
Senior
Planner, Ian Sikonia, addressed the Board to present a request for a Special
Event Permit for the Habitat for Humanity Haunted House Event for every
Thursday, Friday, and Saturday in October of 2010 and a Temporary Parking
Agreement for use of Big Tree Park, located southeast of the intersection of
General Hutchison Parkway and Timocuan Way, Michael Towers.
Mr. Sikonia explained that a special event permit is
required because of the proposed outdoor amplification of sound produced in
conjunction with the haunted houses. The
special event hours will be from 7:00 P.M. until 11:00 P.M. There will be approximately 40 volunteers
working the event, and the Central Florida Historical Society will be the sole
food vendor.
Mr. Sikonia stated that the Seminole County
Sheriff's Office will provide six deputies and there will be a paramedic onsite
for emergency services. The proposed
haunted house structures will comply with all requirements of the Florida Fire
Prevention Code and shall be approved by the Seminole County Fire Prevention
Division prior to the event.
Mr. Sikonia advised that the applicant is requesting
placement of two temporary banner signs advertising the event at 448 Spring
Hammock Court and 2800 N. U.S. 17-92; placement of hearse structures with
signage at 15 businesses throughout Seminole County to further advertise the
event. In addition to the Special Event
Permit, the applicant is also requesting the use of the parking lot at Big Tree
Park for patrons to utilize during the event for overflow parking.
Mr. Sikonia stated that staff has received two
additional letters of concern from Big Tree Self Storage (received and filed)
which he distributed to the Board.
Mr. Sikonia stated staff recommends approval with
the eight stated conditions in the staff report.
Upon inquiry by Commissioner Carey, Mr. Sikonia
stated that Big Tree Self-Storage and Fleet Financial Services have a cross
parking agreement.
Motion
by Commissioner Henley, seconded by Commissioner Carey, to approve the request
for a Special Event Permit for the Habitat for Humanity Haunted House Event for
every Thursday, Friday and Saturday in October, 2010 and execute the Agreement,
as shown on page _______, for the temporary use of parking at Big Tree Park for
the event, located southeast of the intersection of General Hutchison Parkway
and Timocuan Way, Michael Towers, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari advised that Item #39, Request for a reduction to the Code Enforcement
Board lien which totals $9,000.00 for Case #09-145-CEB on the property located
at 1221 John Lord Street, Sanford - Jeffrey S. Barton (previous owner),
Deutsche Bank National Trust (current owner) has been pulled from the agenda by
staff.
Upon inquiry by
Commissioner Carey, Mr. Forte stated Item #39 would be brought back to the
Board on October 12, 2010. Memorandum
from Tina Williamson, Assistant Planning Manager, submitting a copy of an
e-mail requesting a continuance to October 12 was received and filed.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean, to continue Request
for a reduction to the Code Enforcement Board lien which totals $9,000.00 for
Case #09-145-CEB on the property located at 1221 John Lord Street, Sanford -
Jeffrey S. Barton (previous owner), Deutsche Bank National Trust (current
owner)this matter until October 12, 2010.
Districts 1, 2, 3, 4 and 5
voted AYE.
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Carol Watral, MSBU Project
Manager, addressed the Board to present a request for
authorization to schedule and advertise a public hearing to consider enactment of an ordinance amending Chapter 160, Municipal
Service Taxing or Benefit Unit, by deleting Articles that are no longer
relevant. Ms. Watral identified the MSBU
Ordinances included in Chapter 160 that are no longer active.
Motion
by Commissioner Carey, seconded by Commissioner Henley, to authorize the MSBU
Program to schedule and advertise a public hearing to consider enactment of an ordinance amending Chapter 160, Municipal
Service Taxing or Benefit Unit, by deleting Articles that are no longer
relevant.
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
August 31, 2010.
CHAIRMAN’S
REPORT
Chairman Dallari advised that
Congressman John Mica will be holding an I-95 Transportation Safety Meeting in
the Board's Chambers on October 7 from 2:00 p.m. to 4:00 p.m. with
approximately 10 to 15 people attending.
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Chairman Dallari further advised
that the Seminole County BCC appointment to the Health Council of Central
Florida expires February 8, 2011. Dr.
Marie-Jose Francois would like to be reappointed and Joseph Schmidt does not
wish to be reappointed.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Carey, to reappoint
Marie-Jose Francois to the Health Council of Central Florida.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Chairman Dallari suggested a second
name be brought back to the Board before February 8, 2011.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
(w/attachment) dated July 19, 2010, from Donna Gardner, City of Casselberry, to
Chairman Dallari re: City of Casselberry Annexation Ordinance No. 10-1329 which
annexed the following properties into the corporate limits of the City of
Casselberry effective July 22, 22, 2010.
Parcel ID: 04-21-30-525-0000-0010; Parcel ID: 04-21-30-525-0000-0020;
Parcel ID: 04-21-30-525-0000-0030; Parcel ID: 26-20-30-5AR-0D00-058M. (cc: BCC, County Manager, Growth Management)
2. Letter
dated July 20, 2010, from Beth Fleming, National Purchasing Institute, Inc., to
Chairman Dallari re: Annual Achievement of Excellence in Procurement Award for
2010 awarded to Seminole County Purchasing Division. (cc: BCC, County Manager)
3. Letter
dated July 21, 2010, from John Ford, Florida E911 Board, to the Seminole County
Board of County Commissioners re: Notice of application sent to the County’s
E911 Coordinator for the E911 State Grant. (cc: BCC, County Manager, Public
Safety)
4. Notice
of Public Hearing from City of Sanford received July 27, 2010, to be held on
August 5, 2010, re: To consider variance for Tax Parcel Number
25-19-30-501-0000-0030; Rafael Fernandez-Seminole County Government, 301 N.
Park Avenue, LEG LOTS 3 TO 19 + N 413 FT OF VACD ALLEY, LAKE VIEW PARK, PB 3 PG
41. (cc: BCC, County Manager, Growth Management)
5. Letter
dated August 19, 2010, from Cathy Galavis, Florida Department of Revenue, to
Chairman Dallari re: Notice of receipt of Tax Collector’s budget request for
2010 as provided in Section 195.087, Florida Status. cc: BCC, County Manager, Fiscal Services
6. Notice
(w/attachment) from City of Oviedo City Council dated August 25, 2010, to
consider adoption of Resolution 2215-10 to be held on September 9, 2010, re:
Approval, adoption and implementation of a community redevelopment plan for the
community redevelopment area located within the City of Oviedo. (cc: BCC, County Manager, Growth Management)
7. Letter
dated August 26, 2010, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: New programming choices coming on or after September 30,
2010, including 6 New HD Channels.
8. Letter
dated September 15, 2010, from Jeff Kottkamp, Office of the Governor, to
Chairman Dallari re: Notice of upcoming 34th Annual Joint Meeting of Southeast
U.S./Japan & Japan-U.S. Southeast Association to be held October 18-19,
2010 at the Renaissance Hotel in Nashville, Tennessee. (cc: BCC)
9. Copy
of letter dated September 16, 2010, from Kelly Morrow, City of Longwood, to
Department of Community Affairs re: Submittal of adopted Small Scale
Comprehensive Plan Amendment, SPA 02-10 Parcel #05-21-30-523-0000-00B1, in
accordance with Section 163.3187(1)(с), F.S. (cc: BCC, County Manager, Growth Management)
10. Copy of letter dated September 16, 2010, from
Kelly Morrow, City of Longwood, to Department of Community Affairs re:
Submittal of adopted Small Scale Comprehensive Plan Amendment, SPA 03-10 Parcel
#07-21-30-501-0C00-0150, 07-21-30-501-0C00-0110 and 07-21-30-501-0C00-0070, in
accordance with Section 163.3187(1)(с), F.S. (cc: BCC, County Manager, Growth Management)
11. Letter dated September 16, 2010, from Todd
Hammerle, Florida Department of Transportation, to Chairman Dallari re: Notice
of the Federal Transit Administration’s (FTA) approval of the Second Addendum
to the Finding of No Significant Impact (FONSI) for the Central Florida
Commuter Rail Transit (CFCRT) project. (cc:
BCC, County Manager, Engineering)
12. Letter (w/attachment) dated September 20,
2010, from Mike Snyder, Orlando-Orange County Expressway Authority (OOCEA) to
Chairman Dallari re: Notice of Public Hearing for the Wekiva Parkway (S.R.
429/S.R. 46 Realignment Project Development and Environmental (PD&E) Study
to be held in Orange County on October 26, 2010; Lake County on October 27,
2010; Seminole County on October 28, 2010.
(cc: BCC, County Manager, Public Works)
13. Letter dated September 20, 2010, from Diane
Pickett Culpepper, Bright House Networks, to Chairman Dallari re: Five new HD
channels coming on or after October 21, 2010.
14. Notice (w/attachment) of Public Hearing from
City of Longwood received September 21, 2010, to be held on September 27, 2010,
re: To hear public comment regarding Ordinance No. 10-1939 (ANX 04-10), the
Voluntary Annexation Agreement between the City of Longwood and United Legacy
Bank. (cc: BCC, County Manager, Growth
Management)
15. Copy of Memorandum (w/attachment) dated
September 21, 2010, from Cathy Galavis, Department of Revenue, to All Property
Appraisers re: Notification from the Office of Economic and Demographic
Research (EDR) of the Finalized Salaries of County Constitutional Officers for
FY 2010-2011. (cc: BCC, County Manager, Fiscal Services, Clerk
of the Court)
16. Notice of Public Hearing from City of Lake
Mary received September 22, 2010, to be held on October 7, 2010, re: To
consider a Preliminary PUD for The Enclave at Tuscany, located north of Via
Tuscany Loop, south of CR 46A, east of Silver Pine Loop, and west of Rantoul
Lane (33 single family residential lots). Seminole County Parcel numbers:
04-20-30-006D-0000 and 04-20-30-300-006C-0000.
(cc: BCC, County Manager, Growth Management)
17. Letter (w/attachment) dated September 22,
2010, from Mike McDaniel, Department of Community Affairs, to Chairman Dallari
re: Notice of Intent to find the Comprehensive Plan Amendment (DCA Number 10-1)
adopted on July 27, 2010, by Ordinance Numbers 2010-12 and 2010-14, “In
Compliance.” cc: BCC, County Manager,
Growth Management
18. Letter dated September 22, 2010, from Terry
Knox, Boys Town of Central Florida, to Seminole County Board of County
Commissioners re: Thanking the Board for their donation and support. (cc: BCC,
County Manager)
19. Letter (w/attachment) dated September 22,
2010, from Elaine Cauthen, Health Council of Central Florida, to Chairman
Dallari re: Annual Board Attendance Report.
(cc: BCC, County Manager)
DISTRICT COMMISSIONER’S REPORT
Commissioner
Carey advised that October, along with being Breast Cancer Awareness Month, is
Domestic Violence Awareness Month. She
reported that SafeHouse will be hosting a community action team meeting
tomorrow at 6:30 P.M. to find ways that organizations can work to end domestic violence
in the community. She further reported
that PNC Financial Group and SafeHouse will join together on Wednesday, October
20, at the Orlando Marriott Lake Mary as part of their “Women in Power Series”
and honor Trisha Meili, the "Central Park Jogger".
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Commissioner Carey reported that
the George C. Means Memorial Bridge dedication, which is the 55th historical
marker in Seminole County, will take place Saturday morning at 10:00 A.M. Chairman
Dallari stated that Mr. Means will be greatly missed. Commissioner Henley remembered past
interactions with Mr. Means.
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Chairman Dallari asked Mr. Forte to bring to
the Board in the future an update on the document management protocol that was
talked about earlier this year. Mr.
Forte advised that there is an agenda item coming up next month in regards to a
contract for the lease purchases of multiple functioning devices.
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Commissioner Van Der Weide
discussed the gambling article in Sunday's Orlando Sentinel
concerning cities in Volusia County. He
advised that Mr. McMillan is analyzing the issue to consider putting a
moratorium on any new Internet cafes.
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Commissioner Van Der Weide asked
who is responsible for proper notification for the Wekiva Island/Wekiva Marina
item. Mr. McMillan stated that the
Board, at this time, has not made a decision to move the meeting to an evening
session and stated he believes that staff is planning on advertising the item
for the afternoon session as required by the Administrative Code. He added if the Board wants to have an
evening session, there is still time to make that decision.
Commissioner Van Der Weide stated
he is not in favor of having an evening session. Mr. McMillan advised at this time it will be
an afternoon session unless the Board directs otherwise.
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Commissioner Henley reported that
LYNX is rapidly coming to a close on a new CEO with six outstanding candidates narrowed
down to three. Commissioner Henley
further reported that he participated in Orlando with Mayor Dyer in the unveiling
of a new bus that depicted all of the art work that is in the new Amway Arena
and the unveiling of a new articulated bus which highlighted the Federal
Security Agency with one of their offices on it, trying to depict the cooperation
that exists between LYNX and the Federal Agency. He stated that a new Orlando substation was
opened for the Orlando Police in the LYNX Center.
Commissioner Henley stated that he
was re-elected chairman for the sixth year.
He added that LYNX is in good shape budget-wise with the new buses
coming in and that they are still making progress working with Altamonte
Springs on their circulator system.
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Commissioner Carey stated that she
would like to get an update on the antiquated plats and parks issue for the Board
since the issue has come up in her office.
She stated she would like to get a formal follow-up so the Board can
decide how to move forward with those problem projects.
COUNTY
MANAGER’S REPORT
ACM Joe
Forte stated that he sent an e-mail (not received and filed) to the
Commissioners in regards to the Recovery Zone bonds. He advised that the Heart Association of Counties,
through Ken Wright and Jim Smith, is asking the counties that don't have a need
for the allocation to waive that allocation so South Florida can utilize the
money; and the Association sent a waiver for the Chairman's signature.
Mr. Forte reported he had received
a call this afternoon from Blue Chip Energy, who may be interested in the bond
if they can qualify for it. Mr. Forte
requested support to authorize the Chairman to waive those allocations pending
a response from Blue Chip Energy, giving them until Thursday.
Commissioner Carey stated that it
was her understanding that even if this matter came back at the next meeting,
it wouldn't be that big of a deal for them.
She stated she would like to give some local companies, Blue Chip
particularly, an opportunity. She stated
she did not mind relinquishing the bonds if the County doesn't have anyone that
can really use them.
Motion by
Commissioner McLean, seconded by Commissioner Carey, to release the allocation
in favor of the Heart Association of Counties, designating and granting
authorization for the Chairman to execute the release waiver form subject to
Blue Chip's waiver.
Districts 1, 2, 3, 4 and 5 voted
AYE.
COUNTY
ATTORNEY’S REPORT
Mr.
McMillan updated the Board regarding the permanent injunction for Sun State
Trees. He stated that Sun State Trees
met their deadline last Friday with their next deadline being October 4.
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Mr. McMillan discussed the County
Manager search and the information that he was asked to bring back to the
Board. He stated he had provided each
Commissioner with a copy (not received and filed) of a packet that included the
information that was handed out last October (the proposals that were submitted
and the people that responded last year).
He reviewed the information in the packet.
Since a new commissioner is coming
on board and this decision is an important one that the new commissioner will
have to live with, Commissioner Van Der Weide suggested this matter be
continued until there is a full Board.
He stated he would hate to see a lot of the taxpayers’ money spent
spinning their wheels without knowing what the new commissioner's thoughts are.
Commissioner Carey agreed with
Commissioner Van Der Weide on this issue.
She advised she just got the information from Mr. McMillan today and has
been trying to do some research on the firms that he provided and the ones that
were looked at last year.
Upon inquiry by Commissioner Carey,
Mr. McMillan reviewed the research that he has done. Commissioner Carey requested that staff reach
out to the NACo connections for more of a national level search.
Commissioner Henley stated while
the new commissioner should be here for the selection of the County Manager,
from the standpoint of starting the search (which will take quite a while), he
sees no reason to delay getting the work started. He added as far as making a selection, the
new commissioner should be available for that.
Commissioner McLean agreed with
Commissioner Henley and stated he believes if you wait too long, you may end up
running up against the next budget cycle and suggested beginning to move the
process forward as soon as practicable.
Upon inquiry by Commissioner Van
Der Weide, Commissioner Carey advised that the cost last year was $25,000. Mr. McMillan stated the general range was
between $20,000 and $25,000.
Commissioner Carey suggested the
Board consider the matter at the next Board meeting which will give her time to
reach out to the people at NACo for possible suggestions.
Chairman Dallari stated he would
like a chance to read through the packet and do some research. He advised if there are no objections, the
Board will talk about it at the next meeting.
No objection was voiced.
ITEMS FOR
FUTURE AGENDA
John
Casselberry addressed the Board to discuss the budget meeting he attended last
night at the City of Casselberry. He
stated they were down to 15 percent of their budget coming from ad valorem
taxes and wondered if Seminole County was anywhere near that low. Mr. Casselberry suggested if that is the
major average percentage for local governments in the state, they ought to get
together and go to Tallahassee next session and say they want a service tax
instead of a property tax. Mr.
Casselberry discussed the service tax.
Mr. Casselberry stated the space in
the courthouse at Lake Monroe is not being used and suggested closing the juvenile
courthouse and putting it with criminal, right next door. He suggested allowing Sanford to have a substation
at the Lake Monroe courthouse which would provide extra security at the site.
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Joanne
Cornelis, 136 East Alma Avenue, addressed to Board to state that bus services is
needed 24 hours a day, seven days a week including weekends and holidays.
Commissioner
Henley stated Ms. Cornelis is here because she has made the same request at
every LYNX meeting for the last two years.
Commissioner Henley stated he told Ms. Cornelis that she was in front of
the wrong group; that she needed to come to the County Commission; and that
LYNX will provide whatever service the County Commission is willing to pay for.
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There being no further business to
come before the Board, the Chairman adjourned the meeting at 2:40 p.m., this
same date.
ATTEST:_______________________Clerk_____________________Chairman
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