BOARD
OF
OCTOBER
28, 2008
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY,
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman Mike McLean (District 2)
Commissioner
Bob Dallari (District 1)
Commissioner
Clerk
of Circuit Court Maryanne Morse (Late)
County
Manager Cindy Coto
Deputy
Clerk Carylon Cohen
Absent:
Commissioner
Dick Van Der Weide (District 3)
The Invocation was given by Pastor Hezekiah Ross, West Sanford
Free Will Holiness Church.
Commissioner Dallari led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by
Commissioner McLean, seconded by Commissioner Dallari, to adopt appropriate Resolution
#2008-R-231, as shown on page _______, proclaiming November 8, 2008 as Diabetes
Awareness Day in
Districts 1, 2, 4 and 5 voted AYE.
Commissioner McLean presented the Resolution to Josephine Marcado,
who expressed thanks to the Commissioners on behalf of
the Hispanic Initiatives.
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Motion by
Commissioner Henley, seconded by Commissioner McLean, to adopt appropriate Resolution
#2008-R-232, as shown on page _______, acknowledging November 15, 2008 as the
90th Anniversary of the Sallie Harrison Chapter National Society
Daughters of the American Revolution.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Henley presented the Resolution to Carol-Lynn Bevc,
Chapter Regent, and others.
Clerk Maryanne Morse entered the meeting at this time.
Ms. Beck expressed appreciation of the County’s support. She said they represent 78 members in
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Motion by
Commissioner Dallari, seco nded by Commissioner McLean, to adopt appropriate Resolution
#2008-R-233, as shown on page _______, recognizing Ronnie Howard for twenty-six
years of dedication and commitment to Seminole County Government and its
citizens upon his retirement on October 23, 2008.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Dallari presented the Resolution to Albert English,
Manager, Stormwater Division, who advised Mr. Howard was unable to attend the
meeting and he expressed on behalf of Mr. Howard and his family best wishes to
the Commissioners and the
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Motion by
Commissioner McLean, seconded by Commissioner Dallari, to adopt appropriate Resolution
#2008-R-234, as shown on page _______, recognizing Glen Akers for ten years of
dedication and commitment to Seminole County Government and its citizens upon
his retirement on October 24, 2008.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner McLean presented the Resolution to Mr. English who
stated Mr. Akers was unable to attend the meeting but sends his regards to the
Commissioners.
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Motion by
Commissioner Dallari, seconded by Commissioner McLean, to adopt appropriate Resolution
#2008-R-235, as shown on page _______, recognizing Charles Smith, Jr. for ten
years of dedication and commitment to Seminole County Government and its
citizens upon his retirement on October 31, 2008.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Dallari presented the Resolution to Mr. Smith.
Ms. Coto advised of three changes to the Consent Agenda as
follows: Correction to backup for Item
#6, Contract between Seminole County Government and Seminole County
Professional Firefighters, Local 3254, to read that October 22, 2008, is when
the vote was completed. Pages 14 to 24
had been omitted from the backup for Item #11, PS-3556-08/JVP, Engineering
Study and Design Services for SR 419-Snow Hill Road to the Orange County Line,
and the staff has added those pages to the agenda packets. Item #17, Resolution approving the issuance
of Industrial Development Revenue Bonds not to exceed $65,000,000, is pulled from the agenda as the Orange
County Industrial Development Authority had advertised the incorrect
addresses. This item will be on the
November 18, 2008, Board agenda.
Commissioner McLean questioned why for Items #12, #13 and #14,
all Contracts for
Meloney Lung, Support Services, addressed the Board to state
these are slightly over the appraised price but in all three cases the County
needs the property. She said the County
is somewhat handicapped in their ability to negotiate for property for the
Markham Water Treatment Plant expansion as the property needs to be adjacent to
the plant. Further, she explained that
for the Public Works project, the property has to be in a certain location and
there were only three properties the staff could choose from.
Frank Raymond, Administrative Services Director, addressed the
Board to add it was due to a lack of alternatives that the staff was not able
to negotiate more.
Chairman Carey questioned, regarding Item #14, why the County
would not want to use County-owned right-of-way as the County owns property
already along the southern area of this site.
Discussion ensued.
County Attorney Robert McMillan stated the Board has a policy
that they will not put utilities in the trails.
That was a major issue among the Board members and the public at the
time of setting the policy. He said it
is not just the Board’s policy that prohibits use of the natural lands and
trails. The bond covenants also prohibit
using natural lands for passive recreation.
Some of the trails were purchased with trail referendum money or natural
lands money. Some are under restrictions
by DOT, and some are under the railroad right-of-way restrictions, which is a
different set of rules.
Commissioner Dallari said if the County opened it up to allow
their utilities to use some of the corridor, would it not open it up for use by
other utilities.
Mr. McMillan said that was the concern at the time that this
would open it up for others.
Chairman Carey stated the Board would not have to give anyone
else permission to use the corridor if it’s a utility easement.
Mr. McMillan said the Board determined it did not want to face
that issue. He stated it would depend on
each piece of property. The Board might be
able to do that, but they might not be able to because of the nature in which they
acquired the property.
Chairman Carey stated they could say the use is strictly for the
County. She said she would like to look
into this.
Mr. McMillan advised the trails protection policy would have to
be amended also.
Chairman Carey said the County is spending money when they don’t
need to in order to acquire right-of-way.
Dennis Westrick, Environmental Services, addressed the Board to
state they need the land not only for an additional stormwater facility but for
other facilities as the plant is expanded.
Chairman Carey said she would like to know where they are trying
to go with this particular site. She
asked, for the future phases, if Mr. Westrick had identified how he will
accomplish this on the site.
Mr. Westrick said he had spoken with the master planning
consultants and they estimated if they went off site, they would need
approximately five acres. If they
expand, they will need approximately two acres and that will take them out to
Year 2020 or 2025.
Commissioner Henley said he has gone through some of this
discussion regarding utilities in the trails and he was not interested in
rehashing all that again. He said they
have had a lot of conversations over the years in regards to this. He is not interested in going back and
undoing all that for a piece of property that they have another solution
for. They don’t know how long they will
be faced with that any way.
Commissioner Dallari stated he agrees with Commissioner
Henley. He knows the citizens take pride
in their trails and they don’t want to convert them to any form of utility corridor.
Chairman Carey said the County has a lot of excess property
around the trails and having utilities underground would not impact them. She was thinking of looking at ways to save
some money in the future.
Commissioner McLean said he understood there was a lot of
discussion going into this at the time.
It appears the solution they have is reasonable to get done what they have
now and into the future. He said he
agrees with the idea of discussing this for future options, but not to looking
at the ordinance for amending it.
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Commissioner Dallari inquired about Item #11, PS-3556-08/JVP,
Engineering Study and Design Services for SR 419-Snow Hill Road to the Orange
County Line, stating he wants to make sure the citizens’ input is incorporated
during the design as they were told.
Jerry McCollum,
Chairman Carey stated she is sure the public will want to
address continuing the four-laning through the County’s rural areas.
Motion by
Commissioner Dallari, seconded by Commissioner McLean, to approve and authorize
the following:
6. Approve
and authorize the Chairman to execute Contract, as shown on page _______,
between Seminole County Government and Seminole County Professional Firefighters,
Local 3254.
7. Adoption
of appropriate Resolution #2008-R-236, as shown on page _______, amending the Seminole
County Administrative Code to move the functions and job responsibilities of
the Community Redevelopment Area from Section 16, Economic Development
Department, to Section 30, Planning and Development Department.
Administrative
Services
Purchasing and Contracts
8. Assignment,
as shown on page _______, of IFB-3092-04/JVP, Term Contract for EMS Supplies
and Minor Equipment, from Tri-Anim Healthcare Services to Bound Tree Medical,
LLC, Ohio.
9. Approve
Change Order #2, as shown on page _______, to CC-2945-07/VFT with C & C
Site Development, Inc. of
10. Approve Change Order #4, as shown on page
_______, to CC-2167-07/BHJ with Prime Construction Group, Inc. of
11. Approve ranking list and authorize staff to
negotiate rates for PS-3556-08/JVP, Engineering Study and Design Services for
SR 419-Snow Hill Road, to the Orange County Line with Professional Engineering
Consultants,
Support Services
12. Approve and authorize the Chairman to execute
the Contract, as shown on page _______, for
13. Approve and authorize the Chairman to execute
the Contract, as shown on page _______, for
14. Approve and authorize the Chairman to execute
the Contract, as shown on page _______, for Sale and Purchase of Land for vacant
Lots 83 and 84 of Parcel #31-19-30-502-0000-0770, owned by Torben and Rebecca
Abbott, 118 Crown Oaks Way, Longwood, FL 32779 for a purchase price of
$94,000.00, to be used as part of the Markham Water Treatment Plant Expansion
Project (CIP #216701).
Community
Services
Community Assistance
15. Authorize Community Assistance Division and
the Affordable Housing Advisory Committee (AHAC) staff to advertise and conduct
a public hearing on Monday, November 10, 2008 to solicit and obtain public
comment on the recommendations of the AHAC.
16. Approve and authorize the Chairman to execute
the Satisfactions, as shown on page _______, of Second Mortgage for the
following households assisted under the County's Home Ownership Assistance
Program or the Emergency Repair Housing Program: Angela L. Caro; Edna L. Matipano; Mary E.
McMillan; Allison Mitchell and Louthenia Mitchell; Anna Miller; Sally Mims;
Elnora M. Peterson; Irene Posley; Collie Redden and Ida Bell Redden; Ernest
Scott and Frances Scott; Amanda Stokes; Fannie Mae Watkins; Carrie Wicks and
Billy R. Lock; Aaron Williams and Inez Williams; Henry Williams; Juanita
Williams; Mauddie Mae Williams; Evelyn Woods; Annie Wright; and Betty Jean
Upson.
Economic
Development
Operations
17. Pulled
from the agenda the request to adopt a Resolution approving the issuance of
industrial development revenue bonds not to exceed $65,000,000.00 for the
purpose of financing the acquisition, construction, renovation, improvement and
equipping of social service and education centers. Also pulled
from the agenda the request to approve and authorize the Chairman to
execute an Interlocal Agreement between
18. Approve and authorize the Chairman to execute Pledge
Commitment, as shown on page _______, to the Seminole Community College (SCC)
Foundation in the amount of $150,000.00 for services provided through the Small
Business Development Center and the Seminole Technology Business Incubation
Center located at the Port of Sanford.
Tourism Development
19. Authorize
scheduling and advertising of two (2) Public Hearings: First Public Hearing to be held on November 18, 2008 and the Second
Public Hearing to be held on December 9, 2008 for proposed Ordinances amending
Seminole County Code authorizing an additional
two percent (2%) tourist development tax; authorize waiver of Economic Impact
Statement delineating the fiscal impact on citizens as a result of the proposed
Ordinance.
Environmental
Services
Business Office
20. Approve the Release of the original Water and
Sewer Cash Maintenance Bond with Escrow Agreement in the amount of $3,500.00
for the project known as 1-4 Industrial Park, Lot 3 (Life Gas).
Fiscal
Services
Administration
21. Approve and authorize the Chairman to execute
a Grant Agreement, as shown on page _______, between the Florida Division of
Emergency Management and
Budget
22. Approve and authorize
the Chairman to execute Resolution #2008-R-237, as shown on page _______, implementing
Budget Amendment Request (BAR) #09-03 through the Public Safety Grants Fund in
the amount of $21,507.00 to increase funding for the Emergency Management
Performance Grant program.
23. Approve and authorize the Chairman to execute Resolution #2008-R-238,
as shown on page _______, implementing Budget Amendment Request (BAR) #09-04 (FY 2008/09)
through the Water & Sewer Bonds, Series
2006 fund, in the amount of $1,250,000.00 in order to create and fund CIP 00283001W
(Aloma Ave./SR 436-Red Bug Road Flyover Force Main Relocation) project.
MSBU
24. Approve and authorize
the Chairman to execute the Satisfaction, as shown on page _______, of Lien for
the property located at 1041 Twin
Lakes Road, Longwood, for which the Lake Myrtle Restoration MSBU assessment has
been received in full; Jenifer M. Hillis, owner.
Leisure
Services
Greenways and Natural Lands
25. Approve the naming of the County’s Natural
Land property presently known as the Crockett property as the "Lake Harney
Wilderness Area."
26. Approve and authorize the Chairman to execute
the Contract Renewal, as shown on page _______, as prepared by the Florida
Department of Transportation (FDOT), for Memorandum of Agreement No. AOH61
allowing for enhanced landscape maintenance provided by Seminole County with
reimbursement by FDOT at the S.R. 17-92/I-4 on/off ramps.
Library
Services
Administration
27. Approve and authorize the Chairman to execute
an Agreement, as shown on page _______, between
Planning
and Development
Development Review
28. Approve and authorize the Chairman to execute
the final plat for Terracina at Lake Forest Second Amendment, containing 27
townhome lots on a 13.92 acre parcel zoned PUD (Planned Unit Development),
located on the north side of SR 46 at the intersection of International
Parkway, and approximately a 1 1/4 miles west of 1-4, in Section 30, Township
19 S, Range 30 E (Taylor Morrison of Florida, Inc., applicant).
Planning
29. Approve and authorize the Chairman to execute
the Seminole County/MetroPlan Orlando (Urban Area Metropolitan Planning
Organization) FY 2008-2009 Funding Agreement, as shown on page _______, in the
amount of $205,805.00.
Public
Safety
Administration
30. Approve and authorize the Chairman to execute
the Amendment, as shown on page _______, to the Cooperative Agreement between
the Department of Agriculture and Consumer Services, Division of Forestry, and
Public
Works
Roads-Stormwater
31. Approve and authorize the Chairman to execute
the second five-year Joint Participation Agreement (JPA), as shown on page
_______, between FDOT-District 5 and
Districts 1, 2, 4 and 5 voted AYE.
Motion by Commissioner McLean,
seconded by Commissioner Dallari, to approve and authorize the following:
Litigation
32. Approve proposed pre-trial settlement
relating to Parcel Number 123 (Robinson property) on the County Road 15 road
improvement project. The proposed
settlement is at the total sum of $169,928.25 inclusive of all compensation to
the owner, attorney fees of any kind, all costs, interest, and any other matter
for which
33. Approve proposed mediated settlement relating
to Parcel Number 111 (Waddle property) on the County Road 15 road improvement
project in the amount of $70,000.00 inclusive of all compensation to the
owners, attorney fees, statutory interest and all costs except for the
appraiser’s fee.
Property Acquisition
34. Execute
Subordination of Utility
Interest Agreement (Parcel Numbers 100B, 130, and 145A/145B/745), as shown on
page _______, between Seminole County and Florida Power & Light Company, in
conjunction with the County Road 15 road improvement project.
Districts 1, 2, 4 and 5 voted AYE.
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Mr. McMillan advised that his office is now
required to present to the Board of County Commissioners in a public hearing
the results of the mediation for the TBCom case. If the Board has no objections, he will
schedule that for the next Board meeting (November 18, 2008) as a public
hearing in the afternoon. Anyone will
have the opportunity to speak at that time.
Motion by Commissioner Henley,
seconded by Commissioner McLean, to schedule and advertise a public hearing on
November 18, 2008, on the cell tower (TBCom) issue at 1:30 p.m., or as soon
thereafter as possible.
Districts 1, 2, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to approve and authorize the following:
Clerk’s Office
35. Approval of Expenditure Approval Lists, as
shown on page _______, dated September 22, 29 & October 6, 2008; and
Payroll Approval List, as shown on page _______, dated October 2, 2008; BCC
Minutes dated September 23, 2008; and noting, for information only, the
following Clerk's "received and filed":
1. Assistant & Associate Tennis Pro Agreement, as shown on page
_______, with Chelsea Maratta.
2. Parks Contract, as shown on page _______, for Services with Tracy
Morgan.
3. Close-out Documents, as shown on page _______, for CC-2546-07.
4. Amendment #2, as shown on page _______, to M-3540-DRR.
5. W.O. #14, as shown on page _______, to CC-1284-06.
6. Amendment #1, as shown on page _______, to W.O. #28 to
PS-1529-06.
7. Close-out of W.O. #8, as shown on page _______, to CC-1284-06.
8. Amendment #2, as shown on page _______, to W.O. #1 to
RFP-0996-06.
9. W.O. #39, as shown on page _______, to PS-1074-06.
10. W.O. #9, as shown on
page _______, to CC-2190-07.
11. First Amendment, as
shown on page _______, to Consultant Services Agreement (PS-5150-03).
12. W.O. #11, as shown on
page _______, to C.O. #1 to CC-1284-06.
13. Amendment #1, as shown
on page _______, to M-3164-08.
14. Amendment #1, as shown
on page _______, to M-3165-08.
15. W.O. #43, as shown on
page _______, to PS-1529-06.
16. Amendment #2, as shown
on page _______, to W.O. #63 to PS-5150-03.
17. W.O. #42, as shown on
page _______, to PS-1529-06.
18. Amendment #2, as shown
on page _______, to W.O. #13 to PS-5190-05.
19. Amendment #3, as shown
on page _______, to RFP-0613-06.
20. C.O. #2, as shown on
page _______, to RFP-0613-06.
21. W.O. #40, as shown on
page _______, to PS-1074-06.
22. Parks Contracts, as
shown on page _______, for Services with Michael Zambito and Hugh Collins.
23. W.O. #2, as shown on
page _______, to PS-2404-07.
24. C.O. #1, as shown on
page _______, to CC-2945-07.
25. Basic Agreement
#M-3939-08, as shown on page _______.
26. Second Amendment, as
shown on page _______, to RFP-4114-01.
27. Close-out Documents, as
shown on page _______, for CC-3371-08.
28. W.O. #21, as shown on
page _______, to PS-1501-06.
29. Copy of Order
Suspending Tariffs from the PSC re:
Petition for waiver of rules by Progress Energy
30. Copy of Order
Approving Amended Tariffs and Interconnection Agreement from the PSC re: Tampa Electric Co., Progress Energy Florida,
Gulf Power Co., FP&L, and Florida Public Utilities Co.
31. Clerk of Circuit Court
Amended Budget, as shown on page _______, for FY 2007-2008.
32. Copy of Memorandum to
33. Copy of Memorandum to
34. Copy of Memorandum to
Liz Parkhurst, Planning, from Sandy McCann, Commission Records, dated October
3, 2008, re: missing P&D
documents.
35. Audit of the
Alternative Fee Rate Studies conducted by the Clerk of the Circuit Court.
36. Customer Agreement, as
shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow,
Distribution, Delivery and Spray Easement for Heathrow 3, LLC – Colonial
Properties.
37. Conditional Utility
Agreement, as shown on page _______, for water with St. Petka Serbian Orthodox
Church.
38. Acceptance Letter and
Bill of Sale, as shown on page _______, for water and sewer in I-4 Industrial
Park 5th and 6th Sections.
39. Parks Contracts, as
shown on page _______, for the following:
Tonya Abbott, Joe Amante, Julie Boop, Mike Bozeman, David Kulka, John
Moffitt, Terry Myers, Cindy Nelson, Steve Nelson, Duane Smith, David Sweet,
Keith Thrasher, and Max Wilkes.
40. CC-3458-08
Construction Services Agreement, as shown on page _______.
41. Customer Agreement, as
shown on page _______, for Reclaimed Water Rates for Lake Mary Senior Living,
LLC – Lake Mary Senior Village.
42. Utility Agreements, as
shown on page _______, for water and sewer for The Institute of Internal
Auditors, Inc.
43. Conditional Utility
Agreements, as shown on page _______, for Potable and Reclaimed Water &
Sewer Service for Alaqua Investments, Inc./
44. Development Order
#08-30000083, as shown on page _______, for Eve Carrington (Administrative
Variance).
45. Development Order
#08-38000003, as shown on page _______, for David & Charlotte Roberts
(Waiver).
46. D.O.’s, as shown on
page _______, from the Board of Adjustment Meeting June 23, 2008 as
follows: #08-3000053, Rafeal Sanchez Pabon;
#08-3000052, Wanda Melendez; #08-30000050, Michael Gallagher; #08-30000049,
Dean Campbell; #08-3000048, Brian M. Hiler; #08-3000043, Mark Ruff;
#08-3000046, Steven DeLoach; #05-3000045, Gilford Washington; #08-3000042,
Terry Co, Jr.; #08-3000041, Leslie & Donna Martin; and #08-32000004, Mufid
Habib.
47. Letter of Credit #3156,
as shown on page _______, for the Burke,
48. Development Order
#07-22000011, as shown on page _______, for C.A. Stone West PUD Rezone,
approved by the BCC on June 24, 2008.
49. Development Order
#07-22000010, as shown on page _______, for C.A. Stone East PUD Rezone,
approved by the BCC on June 24, 2008.
50. Right-of-way
Maintenance Bond, as shown on page _______, for
51. Addendum #18, as shown
on page _______, for the Wekiva Golf Club Townhomes, D.O. #08-20500007, as
approved by the Planning Manager.
52. Revised & Restated
Comfort Rooms PUD Development Order, as shown on page _______.
53. D.O.’s, as shown on
page _______, for the Board of Adjustment Meeting on September 22, 2008 as
follows: #08-3200012, John Bush;
#08-3200009, SS Oviedo Crossroads II LLC; #08-30000079, Dennis & Mary
Dixon; #08-30000078, David & Charlotte Roberts; #08-30000077, John Gumula;
#08-30000076, Bruce & Ruth Rhea; #08-30000075, Regina Gross; #08-30000074,
Paul & Marcia Hanover; #08-30000073, Freddie M. Morris & James Morris
& Chasity Ferguson; #08-32000011, Lake Mary Fla. Congregation of Jehovah’s
Witnesses.
54.
55. Customer Agreement, as
shown on page _______, for Reclaimed Water Rates for Kopez Investments, LLC –
Little Pros Day Care.
56. Bill of Sale, as shown
on page _______, for water for the Burke Hogue & Mills Office Bldg.
57. Bids as follows: 600513-08; CC-3458-08; CC-3705-08;
CC-3631-08; Presentation Documents for RFP-600453-08; and CD & Bid package
for CC-3709-08.
Sheriff's
Office
36. Approval of the Budget Amendment Resolution #2008-R-239, as shown on page _______, (BAR
#09-05) re-budgeting $841,187.00 in prior year unexpended grant funds to the
Sheriff’s Office FY 2008/09 budget.
Districts
1, 2, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S BRIEFING
Commissioner Henley said he had asked Mr. McMillan to look into
a situation in Longwood at the Dog Track.
He said he had citizen calls concerning the expansion of gambling. He understands there is a proposed purchase
of land in order to build a larger card room.
He asked how that relates to the referendum passed about gambling. As he recalls, the city of
Mr. McMillan said he had not done any investigation into what the
city of
Commissioner Henley said he thinks it would be appropriate to
send a letter to the Longwood Council Chairman or City Manager.
Mr. McMillan said he could send a letter to the Longwood City Attorney. He said the City Attorney might not realize
there is a County charter provision that applies.
Chairman Carey stated the consensus
of the Board is to instruct the
Ms. Coto advised the Board that the Budget Amendment Status
Report FY 2007/08 is presented for information only. She said there was one additional transaction
for the month.
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Ms. Coto said she received a request for a status update on boat
ramps. Mr. Bryan Nipe is present to give
a brief overview and talk about the process the County is going through.
Bryan Nipe, Leisure Services, addressed the Board to state he
has been working with Risk Management and the Sheriff on a daily basis to
ensure they can open the boat ramps as soon as possible. He showed pictures (received and filed) of
the boat ramps at the following locations:
Lake Jesup Park and Mr. Nipe said this is the only one opened up so far
(at the end of Sanford Avenue); Cameron Wight Park, C. S. Lee Park, Mullet Lake
Park and Lake Monroe Wayside Park where the ramps are still under too much
water. He said staff is checking these
four ramps daily.
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Ms. Coto stated there have been a couple of legislative issues
that have come up within the last week and she asked Assistant County Manager
Sabrina O’Bryan to give the Board some information on those.
ACM Sabrina O’Bryan addressed the Board to state there is
pending for the 2009 Legislative Session from the Fish and Wildlife (Game) Commission
regarding law enforcement and Correctional Probation Officers’ death
benefits. The proposed preemptive measures
would restrict some of the County’s ability to regulate its local vessels in
the waterways. They are proposing any
ordinance the County passes moving forward would require the Fish and Game
Commission’s approval. She is working
with the
Chairman Carey stated she is sure FAC and the Florida League of
Cities may want to join together to make it a statewide issue if this is
something that will affect all the counties and cities.
Ms. O’Bryan said she will make sure to communicate to the Board
on any changes.
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Ms. O’Bryan reported on the TABOR amendment that did not make it
last year from the Taxation and Budget Reform Commission. She said there is a separate group, the
National Federation of Independent Businesses, that has launched again an attempt
to get this on the ballot for November, 2010.
She stated
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Ms. O’Bryan further advised that on November 18, she will bring
back the 2009 legislative funding priorities for the Board’s review and
potential approval.
CHAIRMAN’S REPORT
Chairman Carey stated she has been working with Joe Forte, Deputy
County Manager, on a Code Enforcement issue.
Her office was contacted because there is a property in her district
that has a code violation on it and it is on the list for foreclosure. Although the property is not on the sale
list, there is a willing buyer and seller on a short sale. The property has a lien on it. Upon looking into the situation, she said
there are three or four similar situations going on now. She stated the problem is how long it takes
to get through the agenda process. If there
is a willing buyer and seller and in a desperate situation, that is an awful
lot of time. She asked Mr. Forte to talk
about the overall issue and this particular case.
DCM Joe Forte addressed the Board to state the overall issue is
that it takes six to eight weeks from the time a property is brought into
compliance to come to the Board to have the lien satisfied, reduced or
removed. With a willing buyer and
seller, the time frame is typically 30 days when the bank will want you to go
to closing. Sometimes that interferes
with getting the lien reduced. There is
now a current situation where there is a willing buyer and lender on a short
sale and the closing is for this afternoon.
The property has an outstanding lien with Code Enforcement that, as of
today, has been brought into compliance.
This was brought to his attention a week ago Thursday, and he did not
have a lot of time for the processing to bring this before the Board. He said the property was brought into
compliance yesterday. He said he didn’t
see any representatives of the property present today, and his position is not
to defend the property, but to answer any questions.
Commissioner Henley asked if this is bypassing their procedures.
Chairman Carey said it would be because the item was not on the
agenda for today.
Ms. Coto said her concern is there are three or four properties
in similar situations. She has talked
with Chairman Carey and they understand they probably need to work with the
Sheriff’s Office to see if they can expedite cases to get them on the agenda,
but they need to assure they deal with all of them equally.
Commissioner Henley explained why he does not sympathize with
the banks in these situations. He discussed
a property in his district and said the property is just sitting. The people in the neighborhood are not happy
and the County does not have the right or resources to go in and clean up these
type situations in the neighborhoods.
Mr. McMillan said maybe the Board would like to adopt a revised
policy specifically dealing with short sales.
Commissioner Henley said in view of his discussion with some of
the Code Enforcement personnel, there are certain circumstances where they
could use volunteers to go on the property, but they don’t always have the
funds for improvements. He said
sometimes there are costs involved and the County has not been budgeting a
sufficient amount for that. He would
like the Board to give consideration to earmarking some of the fines for that
purpose in order to help clean up the neighborhoods without the Board having to
hit the taxpayers. That would cause them
not to be so generous in waiving all the fines in order to make sure they have
enough money to make repairs in the neighborhoods.
Chairman Carey said in those particular instances of a public
safety, the Board should give a short notice to comply and if the owner
doesn’t, staff should move forward to bring compliance and not be willing to
waive the fine. If they could come up
with some process to expedite things so those short sales don’t fall through
the cracks because of the short window of time they have. She thinks having a discussion with the Code
Enforcement Board to say they need to tighten up the time line would help. With the pool security issue, if they have a
situation where it is not secured, the staff should be out there putting up a
fence and use the funds from the fines or whatever to do that. In order for them to do that, it requires the
Board to look at the process. Discussion
continued.
Mr. Forte advised the Board of the information he has about this
case. He showed four pictures (received
and filed) of the subject property showing the pool structure. He added that currently there is an $84,000
lien on the property.
Debbi Leigh, Senior Code Enforcement Officer, addressed the
Board to give an update. She advised
this case was expedited through the Code Enforcement Board’s process. She gave a short period of time to correct
the situation because of the dangerous situation. The CEB also gave a short period of time for
compliance. She said it wasn’t until
this came for a sale that action was finally taken to put up the chain link
fence that was suggested from day one.
The fence is up now and it is a proper fence.
John Pavo addressed the Board to state he is the brother of the
original person who bought the property with the intention of moving to
Florida. However, he had a tragedy in
the family and had to go back to
Commissioners Henley and Dallari discussed with Mr. Pavo about
the sale of the house.
Chairman Carey said the goal at the end of the day is to get
somebody to live in this house and not have it sitting and vacant causing
issues in the neighborhood.
Commissioner Henley said he is concerned about setting
precedence. He thinks it has got to stop
about everybody getting forgiveness of liens.
It’s not helping people pay serious attention to the County codes.
Commissioner McLean stated he agrees with respect to giving 10
days and then go in and fix the problem, because the fine is not solving the
problem. The way to send the message is for
the County to take care of the issue. If
not, they will sit with situations like this one and ones after this. This is if they have those types of emergency
situations so they are on solid legal grounds.
Mr. McMillan advised since the Code Enforcement process is over,
the Board can deal with the lien as they choose. The only issue about this afternoon’s closing
is whether they can get a satisfaction executed and filed in time for the
closing. He also discussed the issue
that the foreclosure is pending.
Discussion ensued.
Commissioner Dallari said the issue he has is trying to pick a
dollar figure to reduce the amount to.
He would like to see something in writing, and the Board does not have
any of that. He’s thinking about 50% as
the number.
Commissioner McLean said he would have a difficult time picking
a number because what are they going to base it on.
Chairman Carey asked Mr. Forte to put the numbers together on an
amount. She thinks maybe the thing to do
is to let the paper process of the owner submitting a request for settling this,
and talk to the bank and buyer and get this on the November agenda. She thinks there are others in the same
situation and she would like to see them brought forward in November;
otherwise, these people may be ending up without a willing buyer. She agrees that closings can get moved. She wants the County to get more proactive on
these situations.
Mr. McMillan advised Mr. Forte of the official documents needed.
Commissioner Dallari said he wants to make sure they are putting
an actual person in this home.
Chairman Carey said she thinks it is important to try to get the
documents as soon as possible. For the
other two or three cases, get the owners to come with all the necessary
documents and the Board will hear all those in November.
Mr. Forte clarified that they are only going to address the ones
with a pending contract for sale.
Upon inquiry by Commissioner Henley, Mr. McMillan said he will
review the authority of a bank to do an eviction and not a foreclosure and will
report back to the Board.
Chairman Carey said maybe staff can bring information back to
address that situation also.
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Chairman Carey stated on October 16, the President signed a
measure that called for ushering in a new era of transportation. It established a national high speed
passenger rail service. She reviewed the
new law and what it provides and requires. Two of the most significant corridors
identified were the southeast
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Chairman Carey reminded the Board that on October 30, the roast
for Commissioner Henley will be held and tickets are still available. The funds will go to the Carlton Henley
Scholarship and Wayne Densch Performing Arts Center.
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Chairman Carey said this Friday is Halloween, and the city of
Sanford will have activities and a costume contest. The city of
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Chairman Carey announced that this weekend is the 22nd
annual Lake Mary-Heathrow Art Festival in the park at Colonial Town Park. She also reminded everyone that Veterans Day
is November 11 and the parade in downtown
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and
filed:
1. Letter dated October 8, 2008 from Cindy Dyer,
Director, Office on Violence Against Women, to Chairman Brenda Carey re: Safe
Havens: Supervised Visitation and Safe Exchange Grants Program Application No.
2008-X0778-FL-CW.
2. Letter dated October 13, 2008 from Jeanne
Gold, Executive Director, SafeHouse of Seminole, to Seminole County Board of
3. Notices of voluntary annexation dated October
13, 2008 from the City of
4. Copy of letter dated October 14, 2008 from the
Seminole County Board of
5. Copy of letter dated October 16, 2008 from
Kirby Green, SJRWMD, to Peggy Thomas, President, Friends of the
6. Letter received October 16, 2008 from Gloria
Wade, Animal Welfare Alliance, to Seminole County Commissioners, Public Safety
Director, Animal Control Manager, and Animal Control Advisory Board.
7. Letter dated October 17, 2008 from the City of
8. Letter dated October 17, 2008 from Mike
McDaniel, Department of Community Affairs, to Chairman Brenda Carey re: review
of the proposed Comprehensive Plan amendment for
9. Letter dated October 20, 2008 from Lake Mary
Jane Alliance, Orlando Regional Realtor Assoc., Orange Audubon Society, SOS
Whippoorwill Hart Alliance, and NorthShore Alliance, to Seminole County Board
of
10. Notice
received October 21, 2008 from
11. Copy of memorandum dated October 24, 2008 from
Assistant County Attorney, Matthew Minter, to Cindy Coto re: Scope of Coverage,
Seminole County Government/Blue Options Group.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Dallari stated he did his review of the Econ basin
with the St. Johns River Water Management District. They will look at
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Commissioner Dallari stated he has a request regarding the Deer
Run vacate of right-of-way. Deer Run has
a sign and with widening of the road, they had to take it down because a
vehicle ran into it. The sign that was
put up is in the right-of-way. Staff has
worked out a solution where the County could vacate the area under the sign. They are requesting the Board to waive some
of the fees for the application.
Motion by
Commissioner Dallari, seconded by Commissioner McLean, to waive the fees for a
vacate up to $1,500 for the Deer Run sign on
Districts 1, 2, 4 and 5 voted AYE.
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Commissioner Dallari stated he had spoken to staff about the
Gary Johnson, Public Works Director, addressed the Board to
state staff is corresponding with the St. Johns River Water Management District
and he has responded that the boat ramp is at the option of
Commissioner Henley said there is also state money available for
a boat ramp.
Ms. Coto stated there are boater improvement fund dollars, but
she doesn’t know how much money is available now.
Commissioner Dallari asked if the Board opts to move the boat
ramp, would they have to hold a public hearing.
Mr. McMillan stated not under these circumstances.
Motion by
Commissioner Dallari, seconded by Commissioner McLean, to remove the Lake
Howell boat ramp from the design and permit, as $80,000 would be excessive to
spend at this time.
Commissioner Henley stated he would not support the motion as
the boat ramp could be on the list for later.
He suggested putting the boat ramp on the list so the money could come
out of the boat ramp fund when available.
Districts 1, 2, 4 and 5 voted AYE.
Motion by
Commissioner Dallari, seconded by Commissioner McLean, to put the Lake Howell
boat ramp on the future project list to be done at a later time using money
from the boat ramp fund, if and when it becomes available.
Under discussion, Chairman Carey clarified if funding becomes
available, because this is on the list with other projects.
Districts 1, 2, 4 and 5 voted AYE.
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Commissioner McLean stated he and Commissioner Dallari attended
the ribbon-cutting of the Winter Springs Chamber, and this went really
well.
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Commissioner McLean said Mayor Bush invited him to the Hometown
Harvest and he was pleased to see an estimated 4,000 to 5,000 people at this
event.
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Commissioner McLean said he had the opportunity to speak at the
Home Builders Association meeting this month.
They are looking forward to what the election may bring.
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Commissioner McLean said over the weekend, he had the
opportunity to go to “Howl for the Arts.”
A fundraiser was held at the Harley-Davidson dealership in Sanford. He showed one of the items he purchased,
which was a mask done by David Johnson, Property Appraiser.
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Commissioner Henley stated November 6 will be the first
statewide meeting of the Florida Transportation Coalition, which he has been
coordinating with Harry Barley. The
meeting will be at MetroPlan.
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Commissioner Henley advised the first real meeting of the
committee established to look at the Lynx funding formula has been held. The committee is to come forward with
suggestions for improvement of that.
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Commissioner Henley said he has concerns about the pre-tax 457
Plan. He thinks it is important to take
a look at that. He thinks it is very
unfair to the employees to provide that list of loser businesses to them. He said if you look at the last report over
1, 3, 5 years there is not a winner on it.
That indicates you’re still losing money. He thinks it is important for the Board to
explore other avenues to provide better opportunities for them to find options
to be successful and earn some money. He
would like to explore using that money to purchase the County’s bonds. He doesn’t know if it is possible or
not. He said perhaps Mr. Hooper can give
an annual report.
Ms. Coto said staff has not had the annual meeting on this.
Commissioner Henley stated they went out a few years ago for an
RFP and, as a result, were able to get the fees cut. He thinks they owe it to the employees to
look to see if they can find a better option.
He asked the Board if Mr. McMillan could explore what options the Board
has to make that change.
Commissioner McLean said he thinks it makes sense for them to
occasionally see what the market has.
Chairman Carey asked Ms. O’Bryan to put this on the list for the
Legislative agenda.
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There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 11:40 a.m., this same date.
ATTEST_______________________Clerk_____________________Chairman
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