BOARD OF
SEPTEMBER 9, 2008
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday,
September 9, 2008, in the SEMINOLE
COUNTY SERVICES BUILDING at
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Mike McLean (District 2)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner
Clerk of Court Maryanne Morse
County Manager Cindy Coto
Deputy Clerk Sandy McCann
Dr. John Holloway, Pastor of 1st Baptist Church of Sweetwater, Longwood, gave the Invocation.
Commissioner Bob Dallari led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-208, as shown on page _______, proclaiming the fourth Monday in September as “Family Day – A Day to Eat Dinner with Your Children”.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner McLean,
Administrative Services Director, Frank Raymond, addressed the Board to advise
under Item #6, the County used to maintain some of the city of
Under Item #10, Third Party Administrator Contract, Support Services Manager, Meloney Lung, addressed the Board to advise Commissioner McLean, that the County will be going out to bid next year with regard to this contract.
Commissioner McLean questioned if the City
of
The Board agreed to pull Item #19, Budget Amendment Resolution for Water & Sewer Capital Projects, for a separate discussion.
Motion by Commissioner Dallari, seconded by Commissioner McLean to approve and authorize the following:
Administrative Services
Purchasing
and Contracts
3. Award
RFP-600466-08/BJC - HVAC Maintenance and Repairs Agreement, as shown on page
_______, to JPI Mechanical Services, Inc.,
4. Approve
and authorize the Chairman to execute the First Amendments, as shown on page
_______, to Agreements regarding CC-2183-07NFT with Vision IV Construction,
Inc. of Orlando, Florida; Mailand Holdings LLP d/b/a Maze Homes of Melbourne,
Florida; Corinthian Builders, Inc. of
5. Approve and authorize the Chairman to execute the First Amendments,
as shown on page ________, to Agreements regarding CC-2184-07NFT with Posey
Builders Construction, Inc. of
6. Approve and authorize the Chairman to execute Amendment #3, as
shown on page _______, to RFP-0863-06/BLH with SERCO, Inc. of
7. Approve
and authorize the Chairman to execute Amendment #19, as shown on page _______,
to PS-332-96/BJC with Bowyer-Singleton & Associates, Inc.
8. Approve
the Proprietary Procurement for the purchase of SePRO herbicide products to
include Sonar One for lake treatment of hydrilla through local distributors on
an as needed basis, not to exceed approved budget.
9. Rescind
award to Terminix Commercial and award RFP-600326-08/TLR — Pest Control
Services Contract, as shown on page _______, to Anteater Pest and Lawn
Services, Winter Park (Estimated Annual Usage $50,000.00).
Support Services
10. Approve and authorize the Chairman to execute
the Third Party Administrator (TPA) Contract, Addendum Number V, as shown on page
_______, with Johns Eastern Co., Inc. for the period of 10/01/2008 through
9/30/2009 in the amount of $106,425.00.
11. Authorize the renewal of the Life &
AD&D, and the Long Term Disability policies as recommended by the Risk
Management Executive Committee.
Economic
Development
Tourism Development
12. Approve and authorize the Chairman to execute
an Agreement, as shown on page _______, with Crappie Masters, Inc. for the 2009
Crappie Masters Florida State Championship in the amount of $25,000.00.
13. Approve and authorize the Chairman to execute
an Agreement, as shown on page _______, with Sanford Chamber of Commerce for
the 2008 Sanford Chamber Thunder in the Streets Bike Fest in the amount of
$10,000.00.
Environmental
Services
Business Office
14. Approve the release of the original Water and
Sewer Maintenance Agreement with Letter of Credit in the amount of $38,132.00
for the project known as Regency Estates Ph 2.
Planning, Engineering & Inspections
15. Approve the Amendment, as shown on page _______,
to Exhibit "G" Sewer Agreement for the project known as Tesoro
Townhomes.
Water and Sewer
16. Approve participation in the amount of
$25,000.00 to the St. Johns River Water Management Districts 2009 Water
Conservation Public Awareness campaign. Authorize Department to submit
participation form for funding.
Fiscal Services
Administration - Fiscal Services
17. Approve and authorize the Chairman to execute
the FY 08/09 Annual Certified Budget Form, as shown on page _______, required
to establish the Seminole County Mosquito Program as a state approved program
and to secure eligibility to receive grant funds.
18. Approve and authorize
the Chairman to execute the Grant Agreement, as shown on page _______, between
the Florida Division of Emergency Management and
Budget
20. Approve and authorize the Chairman to execute
a Resolution #2008-R-210, as shown on page _______, implementing Budget
Amendment Request (BAR) #08-96 through the Public Safety Grants (State) Fund in
the amount of $6,472.00 to allocate the Florida Division of Emergency
Management's Hazards Analysis Grant.
Information Technology Services
Operations
21. Approve and authorize the Chairman to execute the
First Amendment, as shown on page ________, to the Fiber Optic Interlocal
Agreement between
Planning
and Development/Development Review
22. Authorize the release of the Private Road
Maintenance Bond #1015466 in the amount of $113,928.70 for the Lake Forest
Subdivision Sections 9A and 9B road improvements.
23. Authorize the release of the Performance Bond
(Water & Sewer Systems) #898815017259 for Banyan Pointe Subdivision.
(Ashton Orlando Residential, LLC).
24. Authorize the release of the Airport Blvd.
Right-of-Way (ROW) - Brio Commerce Center Paving and Drainage Improvements
Maintenance and Escrow Agreement and the Paving and Drainage Improvements Cash
Maintenance Bond in the amount of $2,986.50 for the Airport Blvd. Right-of-Way
-
25. Approve and authorize the Chairman to execute
the minor plat for Palmer's Lake Brantley Estate located east of W. Lake
Brantley Drive at 2201 Peninsular Court in Section 4, Township 21S, Range 29 E.
(James & Lisa Palmer, applicant).
Public Works
Engineering
26. Approve and authorize
the Chairman to enter into an Interlocal Agreement, as shown on page _______,
with the city of
Traffic Engineering
27. Approve and authorize the Chairman to execute
the Signage Agreement, as shown on page _______, between
Districts
1, 2, 3, 4 and 5 voted AYE.
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Discussion
ensued with regard to Item #19, Budget Amendment Resolution in the amount of
$27,309,406 to increase/decrease funding of capital projects for Water &
Sewer. Chairman Carey stated she wants
to make sure staff is managing the priorities based on critical services and
compliance issues and not getting the “cart before the horse”.
Dr.
John Cirello, Environmental Services Director, addressed the Board to assure
the Board that staff is managing the bond issue and the dollars that are
allocated for the CIP. He briefly
discussed the ozone program.
The
Chairman said she believes staff is doing a great job and she just wanted to
make sure they are not getting ahead of themselves.
Motion by Commissioner Dallari,
seconded by Commissioner Henley to adopt appropriate Budget Amendment
Resolution #2008-R-209, as shown on page _______, implementing Budget Amendment
Request #08-95 through the Water and Sewer Funds in the amount of $27,309,406
to increase/decrease funding of capital projects.
Districts
1, 2, 3, 4 and 5 voted AYE.
AWARDS
& PRESENTATIONS, CONTINUED
Amanda
Ghaffari, Florida Association of Counties, addressed the Board to present
Senator Lee Constantine the “County Champion Award”. She said the Senator is well respected across
party lines in
Chairman
Carey commended Senator Constantine for doing a wonderful job.
Senator
Lee Constantine addressed the Board to express his appreciation for receiving
this highest honor and said that it has been a privilege and honor to serve the
community for the past 30 years.
Motion by Commissioner McLean, seconded
by Commissioner Dallari to approve proposed pre-trial settlement relating to
Parcels #226A/826B, 226B/226D/826C/826D, and 226C/826A on the East Lake Mary
Boulevard Phase IIB Project, in the amount of $493,000, which includes land
value, severance damages, statutory interest, statutory attorney’s fees, expert
fees, and cost reimbursements, Strategic Acquisitions Corp.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICIERS CONSENT AGENDA
CLERK’S
OFFICE
Motion by Commissioner McLean, seconded
by Commissioner Dallari to approve and authorize the following:
29. Expenditure Approval Lists, as shown on page _______, dated August 11 & 18, 2008; Payroll Approval List, as shown on page _______, dated August 7, 2008; and approval of BCC Minutes dated August 12, 2008.
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.
Work
Order #19, as shown on page ______ to PS-5175-04.
2.
Memorandum
to Sandy McCann, Commission Records, from Liz Parkhurst, Planning &
Development, re: P&D Outstanding
Documents.
3.
Contract
for Services, as shown on page _______, for Ja-net C. Fishback.
4.
M-3653-08
Basic Agreement, as shown on page _______, with Epic Engineering &
Consulting Group.
5.
M-3687-08
Basic Agreement, as shown on page _______, with Environmental PR Group.
6.
Closeout,
as shown on page _______, for CC-2648-07.
7.
Federally-Funded
Homeland Security Subgrant Agreement, as shown on page _______, with Dept. of
Emergency Management, as approved by the BCC on January 22, 2008.
8.
Sixth
Amendment, as shown on page _______, to RFP-1091-06 Custodial Services
Agreement, The Budd Group.
9.
Work
Order #34, as shown on page _______, to PS-1074-06.
10.
Cash
Maintenance Bond with Escrow Agreement, as shown on page ________, in the
amount of $1,294.87 for the project known as Pools By Bradley.
11.
Work
Order #12, as shown on page _______, to CC-0012-05.
12.
Amendment
#1, as shown on page _______, to Work Order #6 to PS-5182-05.
13.
Change
Order #2, as shown on page _______, to CC-2648-07.
14.
First
Amendment, as shown on page _______, to Planning Funding Agreement/Sprint
Nextel Corp.
15.
M-3763-08
Basic Agreement, as shown on page _______, ZHA, Inc.
16.
Work
Order #3, as shown on page _______, to RFP-2251A-07.
17.
Second
Amendment, as shown on page _______, to IFB-600168-07.
18.
Change
Order #1, as shown on page ______, to CC-2244-07.
19.
First
Amendment, as shown on page _______, to PS-1182-06.
20.
Cash
Maintenance Bond and Escrow Agreement, as shown on page _______, in the amount
of $1,044 for the project known as Maple Leaf Commerce Center; Escrow Agreement
and Cash Maintenance Bond in the amount of $1,800 for the project known as
Norrell Office Site; Maintenance Agreement in the amount of $13,526.60 for the
project known as Regal Pointe Park; and Maintenance Agreement in the amount of
$180,536.20 for the project known as I-4 Industrial Park Sections 5 & 6.
21.
Amendment
#1, as shown on page _______, to Work Order #24 to PS-5190.
22.
BOA
Development Orders, as shown on page _______, as follows: #08-30000054, Maryann Fitzgerald variance;
#08-30000055, Takchileey & Tian Chan variance; #08-30000056, Cayce
Forrester variances; #08-3100057, Raymond & Ann Converse variance;
#08-30000058, Brian & Mindy Shams variance; #08-30000059, Sandra McCready
variance; #08-3100060 Mary Ferraro variance; #08-30000061, Florida Conference
Association of Seventh Day Adventist variance; #08-30000062, David & Cheryl
Boyd variance; #08-30000064, Alcides Beauchamp variance; #08-32000005, SCI
Funeral Serv. of Fla. Inc. Special Exception; #07-300005, Luis Linares
variance; #07-3000006, William Gribben variance; and #08-31000007, Richard
Center.
23.
Conditional
Utility Agreements, as shown on page ________, for Water and Sewer Service with
Odyssey (III) DP, IV LLC for the project known as Bridgewater Commons Out
Parcel.
24.
Utility
Agreement, as shown on page _______, for Sewer Service with Fields MotorCars of
Central Florida, Inc. for the project known as Fields BMW.
25.
Amendment
#1, as shown on page ______, to Work Order #2 to PS-5139-03.
26.
Head
Tennis Pro Agreement, as shown on page _______, with Brian Morrissey.
27.
Closeout,
as shown on page _______, for CC-1237-06.
28.
Work
Order #35, as shown on page _______, to PS-1074-06.
29.
Fourth
Amendment, as shown on page _______, to IFB-3110-05.
30.
RFP-600323-08
Term Contract, as shown on page _______, for Electronics Collection and
Recycling, Great Lakes Electronic/Almet, Inc.
31.
Amendment
#1, as shown on page _______, to Work Order #4 to CC-2190-07.
32.
Work
Order #13, as shown on page _______, to CC-1741-07.
33.
Bids
as follows: IFB-600445-08;
RFI-600486-08; and IFB-600464-08.
REGULAR AGENDA
Planner, Austin Watkins, addressed the
Board to present the Final Master Plan and Developer’s Commitment Agreement for
the Dello Russo Residence PUD, advising it consists of 10.29 acres, located at
the northwest corner of
District Commissioner Carey recommended approval.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean to approve the
Final Master Plan and Developer’s Commitment Agreement, as shown on page
_______, for the Dello Russo Residence PUD, consisting of 10.29 acres, located
at the northwest corner of
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Fiscal Services, Lisa Spriggs, addressed the Board to present the request to amend the County’s Administrative Code Section 3.35, Investment Policy. She stated First Southwest Asset Management, Inc. conducted a review of the investment portfolio and policy and has issued a report.
Scott McIntrye, First Southwest Asset Management, Inc., addressed the Board to state the most important thing to take away from the review and the report, is that the County’s portfolio, in his opinion, is just fine. He said there are no undue concerns and no problems with it. He also said that the policy is consistent with the State law. However, he would recommend some clarifications in order to “tweak” the policy; and he reviewed same as outlined in the agenda memorandum. He discussed the portfolio, stating overall it is very well diversified.
Ms. Spriggs reviewed the additional four changes to the proposed policy (copy received & filed) that the Clerk of Circuit Court has requested, stating the first one is to insert the word “flex” under Section E, third sentence. She said staff has no problem with this as this is recommended for clarification. She stated the requested change under F (1), is to insert the word, “provided quarterly by the Board.” This refers to the revenue flow and anticipated cash inflows. She said the replacement language staff is proposing is as follows: “Revenue flows and anticipated cash inflows will be analyzed and considered in the investment decision. To optimize funds as well as insure sufficient liquidity the County will provide the Clerk with cash flow forecasts reflecting the amount needed to remain liquid to meet disbursement obligations. The cash flow forecasts will reflect an estimate of cash receipts and disbursements by quarter for a rolling two-year period, as well as identify core funds or those funds available for longer-term investing.” She advised that the Clerk is requesting that also under F (1), last sentence, second paragraph that the following language be deleted, “Maximum Maturities may be exceeded when deemed beneficial with Board authorization.” She explained that the staff is recommending keeping this sentence in because in cases where staff knows their plans are more longer term, they want to be able to come to the Board and take different action. The last requested change is under Internal Controls (page 8) and the Clerk is requesting the following language be deleted, “Written procedures shall be maintained and shall consist of the following”. Ms. Spriggs said staff feels this language needs to be kept in the policy.
Clerk of Circuit Court, Maryanne Morse, stated that with regard to the first issue, “Maximum Maturities may be exceeded when deemed beneficial with Board Authorization” (F), this brings up a couple of issues that she does not believe the Board needs to be involved with. She said the odds of exceeding these maturities are slim to none; and whomever the portfolio manager should be, comes to the Board and recommends that the investment exceed those maturities and the Board approves it, the Board would be blamed if that investment goes “south.” She stated that in her conversations with Gary Akers (County’s Financial Advisor) they both agreed that it makes for a much tighter policy if this language is not in it. Discussion ensued.
Chairman Carey stated the realty is if the Board wanted to have this discussion and amend the policy they could do that at any time.
Upon inquiry by Commissioner McLean, Ms. Spriggs stated staff wanted to make the policy timeless.
Commissioner Henley said that he senses, with the Clerk’s comments, that part of the concern is that the language doesn’t specify who initiates taking this to the Board. He suggested clarifying the language as follows: “The Clerk, with the Board’s approval, may exceed the maturity limits.”
Ms. Morse stated that is part of her concern and if the Board wants to specify that, it is fine; but she does not believe it is necessary.
Chairman Carey clarified the language under F (Maximum Maturities) will be amended as stated by Commissioner Henley.
Ms. Morse stated the other issue is about Internal Controls. She advised that when she wrote the initial policies, she put the internal controls in it for a couple of reasons. Number one was transparency, and the second is that external auditors audit against these internal controls. This makes it clear cut. She said her concern with the last sentence added by staff was that the internal controls listed are not all the internal controls and she believes it is redundant because of the sentence above it.
Chairman Carey suggested the following, “Written procedures should be maintained.” Ms. Morse agreed that is all that is needed.
Attorney McMillan suggested using the language that is in the prior policy which states, “Such controls shall consist for the purposes of the following.”
Ms. Morse stated that she is much more comfortable with leaving the entire paragraph as written in the prior policy and then adding, “Written procedures shall be maintained.”
The Chairman clarified that the language regarding Internal Controls (page 8) will be as stated by the Clerk. The Board voiced no objections to same.
Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-211, as shown on page ________, amending the County’s Administrative Code Section 3.35, Investment Policy, as revised.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Chairman recessed the meeting at 10:45 a.m., reconvening it at 10:50 a.m., this same date.
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Assistant Planning Manager, Tina Williamson, addressed the Board to present request to reduce the penalty of Code Enforcement Lien, Case #02-19-CEB, Willie B. Madison, Heirs (former owners) and Home Savers Enterprise, Inc. (current owners). She reviewed the case and advised staff is recommending a reduction from $91,909.36 to $3,281.43, which represents 10% of the assessed value of the property plus administrative costs of $716.43.
District Commissioner Carey recommended approval of the staff recommendation.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve reduction to the Code Enforcement Board Lien from $91,909.36 to $3,281.43, which represents 10% of the assessed value of the property plus administrative costs of $716.43 for Case #02-19-CEB, property located at 2191 Granby Avenue, Sanford, Willie Madison, heirs (former owner) and Home Savers Enterprise, Inc. (current owner) and require these costs to be paid within 60 days or the lien will revert to its original amount and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Administrative Services, Frank Raymond, presented request for Board direction with regard to land acquisition for the Five Point Expansion Project – Parcels #03-20-315AY-0000-31A0, 03-20-31-300-0100-0000 and 03-20-31-300-0110-0000, a total of 28 acres, Khalil and Franziska Schmidt. He advised the purchase price is $3,500,000 and due to a modification of the contract, same will be brought back to the Board on September 23. Copy of proposed time schedule was received and filed.
Upon inquiry by the Chairman, Mr. Raymond advised the change in the contract had to do with the closing date and not the purchase price.
Commissioner Henley asked staff to provide an estimate on what the cost will be to bring this site up to construction.
Mr. Raymond advised there is an estimate that it would cost $1 million to bring the site up to grade; however that does not include the road modifications or utilities.
Chairman Carey stated
Commissioner Dallari stated he would like to know how much it would cost to move the Reflections offices to this site.
Chairman Carey asked staff to provide numbers on what the cost saving (including escalator cost) would be if the County offices were moved out of Reflections.
Commissioner Dallari stated he would like to see a “bubble plan” and said some of the things on the schedule could be done simultaneously, which would reduce the timeline.
Upon inquiry by Commissioner Dallari,
Development Review Manager, Larry Polinder, addressed the Board to advise staff
has had a dialogue with the Airport and they have no problem with the proposed
height of the building. He added to
date, they have not spoken with the city of
Chairman Carey suggested staff look at acquiring the corner clip of property adjacent to the subject property.
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Support Services Manager, Meloney Lung,
asked for Board direction with regard to the acquisition of parcels for future
Fire Station #29. She advised staff
obtained best and final offers from the
Chairman Carey stated the biggest concern
is time because this is a station that has been needed for some time. Therefore, she would support the
Commissioner Van Der Weide said he is ready
to move forward with the preferred site,
Fire Chief Raw addressed the Board to
discuss the response times for this area and necessity for the
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to authorize the purchase of Parcels #31-21-31-515-0000-0020 and #31-21-31-515-0000-0030, consisting of a total of 2.23 acres owned by Aloma Square, LLC in the amount of $1,450,000, for the construction of future Fire Station #29; Purchase Agreement, as shown on page _______.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
County Attorney Robert McMillan advised the County is in receipt of Attorney General Bill McCollum’s Opinion asked for by Chief Judge Clay Simmons. He said the Opinion supports the Board’s prior actions in that it is the option of the Board as to which positions they will fund.
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The Chairman announced that there is an Executive Session scheduled that will begin at 11:45 a.m. today.
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The Chairman recessed the meeting at 11:22
p.m., reconvening at 1:30
p.m., with all Commissioners and all other Officials, with the exception of
Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who
were present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner McLean, to
authorize filing the proofs of publication for this meeting’s scheduled public
hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
VACATE
AND ABANDONMENT/PALMER
Proof
of publication, as shown on page_______, calling for a public hearing to
consider adoption of a Resolution to vacate and abandon a portion of the
platted public right-of-way known as Peninsular Court, as recorded in Plat Book
9, Page 67 in Section 4, Township 21S, Range 29E, James and Lisa Palmer,
received and filed.
Brian
Walker, Senior Planner, addressed the Board to present the request, stating
staff recommends adoption of the Resolution as presented.
J.
R. Ball, applicant’s engineer, addressed the Board to advise he was present to
answer any questions.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to adopt appropriate Resolution #2008-R-212,
as shown on page _______, vacating and abandoning a portion of the platted
public right-of-way known as Peninsular Court, as recorded in Plat Book 9, Page
67 in Section 4, Township 21S, Range 29E; as described in the proof of
publication, James and Lisa Palmer.
Districts
1, 2, 3, 4 and 5 voted AYE.
ORDINANCE AMENDING
CHAPTER 85 OF
THE SEMINOLE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an Ordinance amending Chapter 85 of the Seminole County
Code pertaining to Fire Safety, received and filed.
Tad
Stone, Public Safety Director, addressed the Board to present the request,
stating staff is not only trying to clean up the existing language, but
identify the responsible agencies and authority, and to take into consideration
the municipalities the County currently has interlocal agreements with.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to adopt Ordinance #2008-43, as shown on page
_______, amending Chapter 85 of the Seminole County Code pertaining to Fire
Safety; as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan advised when the Board originally authorized this Ordinance for
advertising, there was a portion that dealt with false alarms. When staff reviewed this, they decided that
portion was not ready to go so they pulled that out of the draft. He wants to make sure staff has authorization
to go ahead and bring that portion back without having to get further
authorization to advertise.
The
Board voiced no objections.
COMMUNITY
REDEVELOPMENT AGENCY (CRA)
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of a Resolution designating unincorporated areas of Seminole
County, within the US 17-92 Community Redevelopment Agency (CRA), a
Brownfield/Seminole Economic Enhancement District (SEED) area for the purpose
of environmental rehabilitation and economic development, received and filed.
John
Metsopoulos, Economic Development, addressed the Board to present the request,
advising the cities of
Commissioner
McLean commended Commissioner Dallari for his efforts. He said he thinks this is outstanding and is
what the program should be used for.
Mr.
Metsopoulos advised Commissioner McLean that this would be a very good program
for SeminoleWay.
Commissioner
Dallari stated one thing Mr. Metsopoulos may want to look at is that by doing a
SEED program on 17-92, it also converts it automatically to a green corridor,
and it would be one of the first ones in the state of
Chairman
Carey stated staff wants to make sure all the County property at Five Points is
included in this program.
Mr.
Metsopoulos said if this area is already a part of the CRA, it is
included. If it is not in the CRA, then
it would not be a part of the program.
He explained that the SEED program is following the exact lines of the
CRA.
No
one spoke in support or in opposition.
Motion by Commissioner McLean, seconded
by Commissioner Dallari, to adopt appropriate Resolution #2008-R-213, as shown
on page _______, designating unincorporated areas of Seminole County, within
the US 17-92 Community Redevelopment Agency (CRA), a Brownfield/Seminole
Economic Enhancement District (SEED) area for the purpose of environmental
rehabilitation and economic development; as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Carey stated she placed Teal T-Shirts at each Commissioner’s seat which she
obtained from the Cancer Society because the month of September is for wearing
teal for ovarian cancer awareness. She
said she hopes the Commissioners will wear the t-shirts during this month and
also the lapel pens. She said she wants
to make the public aware of the ovarian cancer issues.
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Chairman
Carey advised of a request from Larry Dale to sign an antlerless deer hunting
permit. She said in the past two years
this has been signed by the Chairman and Vice Chairman but she doesn’t know if
it ever came before the Board.
Commissioner
McLean asked if anyone was aware of any issues or problems in the past, and
Chairman Carey stated she was not aware of any.
Motion by Commissioner McLean, seconded
by Commissioner Dallari, to approve the request and authorize the Chairman to
execute the antlerless deer hunting permit since there have been no negative
issues associated with same in the past.
Under
discussion, Chairman Carey said she was not going to support the request
because there is a season for antlerless deer hunting and she thinks there is
plenty of time to do that.
Commissioner
Dallari asked what the Administrative Code of Florida or of any state has to
say about this.
Ms.
Coto advised this is under the Division of Office Licensing and Permitting
under the Florida Game and Freshwater Fish Commission. They require that any time a private property
owner wants to hunt outside the typical one week season, he has to obtain a
permit. She called the department
yesterday and they have received the application. The permit is based upon the number of acres
and deer population. The department goes
through a whole analysis before they grant the permit.
Chairman
Carey advised Commissioner Dallari that she would be signing the application
for the applicant to apply for the permit.
Districts
1, 2 and 3 voted AYE.
Commissioners
Henley and Carey voted NAY.
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Chairman
Carey said she asked Sabrina O’Brien, Assistant County Manager, to show some
pictures (received and filed) of the flooding in the County because she wants
others to understand how significant it is.
She said the pictures were taken from the air of the St. Johns River
shore,
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Chairman
Carey reminded the Board about the upcoming
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated August 18, 2008 from William Dennis to Seminole County Board of
2. Order
issued August 19, 2008 approving standard offer contract and associated tariffs
filed by Florida Power and Light.
3. Memorandum
dated August 20, 2008 from Florida Agency for Healthcare Administration to
4. Copy
of letter dated August 20, 2008 from Cathy Collins, Florida Department of
Revenue, to David Johnson, Property Appraiser, re: Finalized Salaries of County Constitutional
Officers for FY 2008-2009 and associated budget amendment.
5. Letter
dated August 22, 2008 from Michael Jones to Commissioner Brenda Carey re: praise for
6. Letter
dated August 22, 2008 from Congressman John Mica to Chairman Brenda Carey re:
delay of appropriations bills.
7. Letter
dated August 22, 2008 from Stephen Noto, Planner, City of Lake Mary, to
Chairman Brenda Carey re: notification
of voluntary annexation — Seminole Community College, Heathrow Campus.
8. Letter
dated August 25, 2008 from Selma Jaskowski, Principal Investigator,
9. Memorandum
dated August 25, 2008 from Ray Valdes, Seminole County Tax Collector, to
Chairman Brenda Carey and the Board of County Commissioners re: delay of Value Adjustment Board hearings and
authorization to begin collection of the 2008 tax roll.
10. Notice of Public Hearing received August 26,
2008 from
11. Copy of letter dated August 26, 2008 from Lisa
Spriggs, Seminole County Fiscal Services Director, to George Kosmac,
12. Letter dated August 27, 2008 from Skip Bafalis
and Jim Davenport of Alcalde & Fay to Chairman Brenda Carey re: Congress's plan to reauthorize SAFETEA-LU with
attached survey.
13. Letter dated August 28, 2008 from the City of
Sanford to Seminole County Board of County Commissioners re: Notice of Ordinance 4122 to annex 8.03 acres between
Rinehart Road and CR 46A and between Cherry Laurel Drive and Rinehart Road.
14. Copy of memorandum dated August 29, 2008 from
Harry Barley, MPO, to Executive Committee Members re: Rental Car "Customer Facility
Charge" at
15. Letter dated September 2, 2008 from Attorney
General Bill McCollum to
Judge Simmons and Chairman Carey re: Formal opinion — fund position of a special
magistrate appointed by the Chief Judge.
16. Notice of Public Hearing received September 3,
2008 from the City of
17. Letter dated September 4, 2008 from Charles
Gauthier, Florida Department of Community Affairs, to Chairman Brenda Carey re:
completion of review of
18. Notice of Public Meeting received September 4,
2008 from the City of
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Henley stated some of the Commissioners were aware of the concerns expressed
with Sun State Trees’ inability to meet the conditions of the permit, which has
gone before the Code Board. He did not
agree with the ruling they made recently.
He asked the
Upon
inquiry by Commissioner Dallari, Commissioner Henley explained there are some
legal ramifications involved in this.
The Code Enforcement Board’s ruling gave them until September, 2009, to
make some corrections, but did not deal with the other violations. He thinks it is something the BCC needs to
review.
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Commissioner
Upon
inquiry by Chairman Carey, Commissioner Henley stated this would be a dedicated
funding source for transportation. He
also confirmed with Commissioner Dallari that a regional taxing district would
be a long-term solution, and he said Mayor Crotty did not have a short-term
solution. He said the Lynx Board will be
voting on the budget at their next meeting.
Commissioner
Dallari requested a copy of the independent study that
Commissioner
Henley stated the last time the Lynx Board dealt with changes in the routes and
reductions, there was standing room only with some business people from Orange
County saying don’t cut the funding. He
said he listened to them and advised what they need to understand is that Lynx
did not create this problem and can’t solve this problem, and they needed to go
to the County Commissioners of their county.
Also, he told them that Lynx provides the service and each county needs
to pay for the services they get.
Commissioner
Henley reminded the Commissioners that in November they need to decide who will
represent the BCC on the Lynx Board.
Commissioner
Van Der Weide stated Commissioner Henley has to be commended for bringing this
problem to a head. He said these issues
will have to be addressed and certainly before the commuter rail comes on
board. The answer has got to be
dedicated funding.
Commissioner
McLean agreed that they are going to have to look at some regional, dedicated
funding answer.
Commissioner
Henley said one of the things that is not getting enough “play” is air
quality. He said right now if the new
rule was in effect, they would be out of compliance and all the federal funds
coming to
Chairman
Carey stated they have been talking about a dedicated funding source for Lynx
for a long time and, at least, this may be the item that brings it to a head.
Commissioner
Henley said he commended Mayor Crotty for coming forward to sit down and talk
about these ideas.
Chairman
Carey said the MPO workshop is tomorrow and she is sure this will be some of
the discussion they will have.
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Commissioner
Dallari stated they have all been suffering from issues with flooding from
Tropical Storm Fay. Most of the County
is pretty well saturated, if not flooded.
He has been briefed by staff about Lake Pickett/Chuluota area;
particularly,
Gary
Johnson, Public Works Director, addressed the Board to state the County has
experienced some unprecedented flow from
Commissioner
Dallari asked if Mr. Johnson needed anything from the Board to try to help that
along. Mr. Johnson said at this point,
he thinks they are in good shape, but if he needs that type of assistance, he
will let the Board know. He said it will
take some time for the water to go down and he thinks it will be a couple of
weeks away to give an update of what’s going on in the area.
Commissioner
Dallari asked what plans the staff is making to ensure getting the word out to
the people. He said a lot of people are
still very inquisitive about what’s going on, and in their minds they see
nothing happening.
Mr.
Johnson said fortunately, no one is cut off and no one in the segment has any
damage.
Commissioner
Dallari commended Director Tad Stone and his staff who set up temporary Sheriff’s
Deputy locations throughout and Fire and Rescue locations. He said the people need to be aware of what
they have done and that word has not gotten out.
Mr.
Stone advised he has been communicating with Fire Chief Raw about when she will
be able to put a fire truck on the Road, but he would not recommend doing that
any time soon. He has been providing
periodic updates (daily updates during the storm period) of where the road
closures are and what conditions they are in.
He said once they have better information on the outlook of the repair
and restoration, he will be working with the communities.
Commissioner
Dallari suggested he may want to tap the Black Hammock and Chuluota folks on
helping to get the word out.
Chairman
Carey suggested getting the e-mail lists for the community associations so they
can get the information out to the members.
Commissioner
Dallari said he asked Mr. Johnson to give the Board an update more regularly
because their Aides are getting phone calls.
He thanked him and his staff for the outstanding jobs they are doing and
asked him to pass the word along to the staff.
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Commissioner
Van Der Weide stated while he was away, he received a letter from Ms. Coto
about the East Central Florida Regional Planning Counsel (ECFRPC); and since he
will be going to a meeting soon, he was wondering if she had any more
correspondence or if there is anything new he should be brought up-to-date
about.
Ms.
Coto stated she has talked to Mike Freelinger, Osceola County Administrator, and
they don’t want to pay more than
Commissioner
Henley said
Chairman
Carey said many of the agencies, because of what the counties are going
through, have eliminated staffs and positions.
She believes the budget request from the Planning Counsel has a request
to add a Planner and other things. Maybe
that’s where the scrutiny needs to come from.
She said it’s that budget that will determine what the County has to
pay.
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Commissioner
Van Der Weide said his good news is that he has a check for the Heroes Memorial
from Wal-Mart in the amount of $1,000.
He said they can thank Ray Hooper, Purchasing Manager, for that. He will have his Aide send a letter of
thank-you to Wal-Mart. He expressed
thanks to Mr. Hooper also.
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Commissioner
McLean said recently the Wayne Densch Performing Arts Center had their annual
awards ceremony where they recognized, in the Oscar format, the top performers
and actors and actresses. He thanked Chairman
Carey who gave a presentation that evening.
He said this was a fun event.
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Commissioner
McLean stated it’s time again that they have the opportunity to have CALNO come
to the
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Commissioner
McLean distributed information regarding the Zoo fundraiser called “Mission
Impossible, Going Green,” to be held on Saturday, Sept. 20 at the Lake Mary
Marriott.
Chairman
Carey stated this is the usual “Black Tie on the Wild Side” event.
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Commissioner
McLean stated regarding the flood levels of the St. Johns River that he did not
realize that the
Mr.
Johnson expressed thanks for the kind words and said he will be sharing those
with the staff. He recognized the
Sheriff and inmate labor who helped them with the sandbags.
Chairman
Carey recognized also that there were a lot of community volunteers who helped.
Ms.
Coto stated there was a question regarding Agenda Item #13 this morning on the
Bike Fest. She reported the city of
PUBLIC
COMMENTS
Richard
Creedon,
Mal
Martin,
Mary
Jo Martin,
Mr.
Martin stated this is a beautiful piece of property and it is also
historic. Recently, someone has begun to
throw trash off Highway 46 down into the Springs. He said it is possibly the oldest spring
anywhere in the area. They need to
protect it from pollution runoff. This
should have been acted on 13 years ago, and now the property is for sale. He stated a lot of things were not done even
though they were mandated by the statutes.
Mr.
Creedon stated the property owner is requesting $350,000 for this
property. Rather than requesting money,
they are requesting assistance. They
want the BCC to adopt a resolution showing the County’s support of their
efforts to fund money for acquiring the parcel in hopes of aiding the
preservation of this property.
Chairman
Carey asked Mr. Creedon to send a draft of the resolution to the Board for
their review.
Mr.
Creedon said he thinks if they get a written resolution of support from the
Motion by Commissioner Henley, seconded
by Commissioner Dallari, to authorize the Chairman, on behalf of the BCC, to
execute appropriate Resolution #2008-R-44, as shown on page _______, in support
of the Geneva Citizens Association’s efforts to purchase the Indian
Springs/Heath Springs site.
Commissioner
Dallari asked Mr. Creedon if there would be an educational element to allow the
citizens to experience what the Springs is or is it just for preservation.
Mr.
Creedon said they are looking at it to be an educational point as well.
Whereupon,
Commissioner Dallari said he thinks there should be something in the resolution
about the educational component.
Commissioner
Henley asked if any historical artifacts had been found on the site.
Mr.
& Mrs. Martin stated there have not been any archaeological studies done.
Chairman
Carey stated it might be good to have County employee Jim Duby go out on a
field trip to do some investigation of the site. She said she can’t imagine anyone trying to
purchase the site to develop it.
Mr.
Creedon said he sees a possibility with the Flagler Trail that there is an area
that could be used for parking. There is
a possibility that this could serve as a sub-trail head on the Flagler
Trail.
Districts
1, 2, 3, 4 and 5 voted AYE.
Speaker
Request Forms for Richard Creedon, Mal Martin and Mary Jo Martin were received
and filed.
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Bill
Daniel,
Chairman
Carey stated when she was given the order from the Florida Game and Freshwater
Fish Commission, she was told the request came from them.
Ms.
Coto stated she understood from the Sheriff and Public Safety that it was the
Sheriff’s recommendation to close the river.
That request went from the Sheriff to the Fish and Wildlife Commission
and they enacted the order.
Mr.
Stone stated the Game and Freshwater Fish Commission was the one that
instituted the law that covers this.
After the Sheriff made the initial request, staff forwarded it to the
Game and Freshwater Fish Commission, and the Commission had the discussion
about what they should and should not do.
They looked at setting water height limits. The initial request was to close all boat
traffic, but there were some stipulations built into that. One was to open it up to commercial
enterprises as long as they maintain no wakes, but close it to recreational
boating. He said the river is still
closed in certain areas and will remain closed until it drops to certain
levels.
Chairman
Carey stated she was told that the Game and Freshwater Fish Commission had
requested the Board to sign the order to close the river for 90 days from
anyone unless they lived on the river.
If the practice has been that commercial has been allowed with “no wake”
zones or if the Game and Freshwater Fish Commission has a recommendation that
would be fairer to the public, she thinks they ought to consider it.
Mr.
Stone said he doesn’t think that is exactly the way it played out, but he will
go back and review the final order from the Game and Freshwater Fish
Commission.
Ms.
Coto said she thinks when the question was asked who was making the
recommendation, her response was that it was coming from the Sheriff’s
Department, in consultation with Public Safety, and it was their recommendation
that the river be closed. The Sheriff
doesn’t have the authority to close the river for the full distance which
included
Mr.
McMillan said his understanding is the way they have it is backwards. The river is not closed by order of the BCC
but by order of the State. He said he
advised staff that the County didn’t have the authority to close the river, but
only the State could do that. It’s the
State’s decision to close the river and the State has to open it. If the Board wishes, his office can send a
communication to the Florida Game and Freshwater Fish Commission and suggest
they might open the river up for commercial traffic. The ultimate determination lies with them.
Chairman
Carey said if the idle speed, “no wake” zone seems to be the practice the Board
has taken in the past. Commissioner Van
Der Weide stated he thinks that is reasonable.
Chairman
Carey asked if it was the consensus of the Board to go back to the Florida Game
and Freshwater Fish Commission and ask for an opinion to do what may be in the
best interest of the public on a commercial basis to have the idle speed, “no
wake” zone for a limited period of time until such time the water has receded
to the point that it can be reopened to the public.
Commissioners
McLean and Dallari said they thought that was a good question. There were no objections.
Chairman
Carey advised Mr. Daniel that the Board will take this matter up with the
Florida Game and Freshwater Fish Commission based on the direction from the
Board, but if he has issues with how he needs to do things with what the
Florida Game and Freshwater Fish Commission doesn’t allow, he will have to take
that up with them. She thanked him for
bringing this discussion before the Board.
The
Speaker Request Form for Mr. Daniel was received and filed.
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Mr.
Creedon thanked Commissioner Henley for making the motion and the other
Commissioners for supporting the motion on Heath Springs.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:08 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
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