BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

OCTOBER 9, 2007

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, October 9, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Michael McLean (District 2)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Absent:  Commissioner Dick Van Der Weide (District 3)

 

     The Invocation was given by Pastor Ron Williams, Palmetto Ave. Baptist Church, Sanford.

     Robert McMillan, County Attorney, led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-180, as shown on page ________, proclaiming October 10, 2007 as “Put the Brakes on Fatalities Day” in Seminole County, with the “Drive As If Your Life Depends On It”.

     Districts 1, 2, 4 and 5 voted AYE.

     Chairman Henley advised that Commissioner Van Der Weide is ill and will not be in attendance.


     The Resolution was presented to Robin Butler, Traffic Engineering, who addressed the Board to express her appreciation.  She stated she would like to thank the Board for their support as it has been very effective for the last four years.

     At the request of Commissioner Dallari, Ms. Butler gave a quick overview of how the Driver Education Program is doing in the schools.

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     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-179, as shown on page ________, proclaiming the month of October as “National Disability Awareness Month” in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

     The Resolution was presented to Connie Kreinbring and Buddy Balagia, members of the Disability Advisory Council, who addressed the Board to express their appreciation.

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     Motion by Commissioner McLean, seconded by Commissioner Carey to adopt appropriate Resolution #2007-R-177, as shown on page ________, acknowledging the importance of diversity by proclaiming the month of October as “Cultural Diversity Awareness Month”.

     Districts 1, 2, 4 and 5 voted AYE.

     The Resolution was presented to members of the Cultural Diversity Committee.  David Gregory addressed the Board to express the Committee’s appreciation and to advise the County employees will be holding their annual Diversity dinner at the Sanford Civic Center on October 18, 2007.

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     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-178, as shown on page ________, proclaiming the month of October as “Domestic Violence Awareness Month”.

     Districts 1, 2, 4 and 5 voted AYE.

     The Resolution was presented to Jeanne Gold, Executive Director of Kids House, who addressed the Board to express her appreciation.  She provided numbers of the Crisis Hotline as well as the Teen Date Abuse Hotline. 

     Chairman Henley recommended making those numbers available to SGTV so they can be more widely distributed.

     Commissioner Carey advised that Nicole Brown Simpson’s sister, Denise Brown, was in attendance at the luncheon and it was interesting to hear her talk.  She stated this is an educational process and they have to do what they can to help the children.

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     Cliff Miller and Andrew Van Gaale from the Seminole County Port Authority addressed the Board to present to Chairman Henley a check in the amount of $1 million.

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     Glen Casel, Executive Director of Community Based Care (CBC), and Nancy Crawford, Executive Director of Kids House of Seminole, Inc., addressed the Board to state they are here to talk about a new initiative that is happening in the community specifically designed to advocate for the children.  He displayed a PowerPoint presentation (received and filed) and reviewed the following:  Who is CBC; Members Affiliates; Partnership; History of the Children Services Committee; What is a Children’s Cabinet; Strong Mission Plus Commitment; Vision; Structure; What the Structure Includes; Key Childhood Aspects; Primary Focus; Seminole County Data & Statistics; a Graph Showing the Statistics; Current Status; Support from the State Cabinet; and How You Can Help Children and Secure a Better Future For All Seminole County Citizens.  A pamphlet on The Children’s Cabinet of Seminole County was received and filed.

     Chairman Henley stated he is glad to hear that this group has come together as there has been emphasis on the needs of the children for many years.  He stated he feels it is important that they now have a collaborative group sharing the same vision of trying to improve the children’s needs.

     Commissioner McLean stated he is the County’s representative of the Community Alliance and he is thrilled that they took the initiative to come up with this concept.  He stated he would like to commend this group for looking at nontraditional partnerships and everyone on this Board will be glad to help out.

     Mr. Casel stated he feels they should start breaking some of the dynamics and regrowing them in a more mission approach.  He stated he believes that this structure is a good way to break out of those molds.  He hopes the Children’s Cabinet is one way that they start to overcome some of those historic hurdles.  He stated the Children’s Cabinet has been very clear that they want to work with Tallahassee and they hope that this folds into their plans.

     Commissioner Carey stated the children are their future resources and they need to make sure that they are protected.  She stated she wants to thank all the nonprofit organizations for working together in becoming team players for the community.

     Commissioner Dallari commended the group for their efforts as well.

     Chairman Henley recessed the meeting at 10:15 a.m., reconvening it at 10:18 a.m.

COUNTY MANAGER’S CONSENT AGENDA

     Cindy Coto, County Manager, addressed the Board to introduce Robert Beach, the new BITS Director, and to welcome him to Seminole County’s leadership team.  She advised the Board that new information to Item #39, 2008 State Legislative Program, was submitted.  She informed the Board of a request to continue Item #40, Small Scale Land Use Amendment and Rezone, Bright Horizons Daycare.  She stated staff is waiting to hear from Commissioner Van Der Weide as to whether or not he would like to continue Item #41, Rezone, Mostafa Howeedy.

     Commissioner Dallari requested that Item #17, Approve Resolution renaming Wynn Road be continued as he has received petitions from four individuals living on that street that were not considered in the voting. 

     Ray Hooper, Purchasing Manager, addressed the Board to explain to Commissioner McLean why five firms were awarded the Contract, Item #12, Award CC-2183-07, instead of awarding it to all six firms that placed bids. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize and approve the following:

County Manager’s Office

7.          Confirm appointment of Robert Allen Beach as the Business Innovation and Technology Services Director effective October 15, 2007.

 

Administrative Services

Purchasing and Contracts

8.  Approve Amendment #1, as shown on page ________, to PS-0147-05/BLH - Master Agreement for SR 426 and Tuskawilla Road Intersection Improvements with Metric Engineering, Inc. to change the compensation of the Agreement to reflect the annual budget for this project adopted by the Public Works Department.

9.  Approve Amendment #2, as shown on page ________, for PS-0369-05/DRR - Architectural and Engineering Services for the John E. Polk Correctional Facility Expansion for an increase in scope of services and a fixed fee compensation total of $2,687,807.00 and an increase to the project term, for a total of 34 months from the date of the Agreement with HKS Architects, Inc.

10.  Approve Amendment #5, as shown on page ________, to RFP-4190-04/JVP - Lease/Purchase of Computer Equipment with Pomeroy IT Solutions, Tampa, to amend the current lease contract to refinance the equipment being leased during the FY 07/08 time frame for an additional twelve (12) months.

11.  Award CC-2324-07/JVP, as shown on page ________, in the amount of $1,678,000.00 to Gibbs & Register, Inc. of Winter Garden, Florida for improvements to Wekiva Springs Road - Fox Valley Drive to Orange County Line. Work to include but not limited to intersection improvements, sidewalks, pedestrian bridges, and milling and resurfacing.

12.  Award Master Agreement CC-2183-07/VFT, as shown on page ________, SHIP Affordable Housing Construction/ Reconstruction to Vision IV Construction, Inc., Orlando, FL; Mailand Holdings LLP dba Maze Homes, Orlando, FL; Corinthian Builders, Inc., Sanford, FL; Sovanic, Inc. dba Manor Homes, Orlando, FL; and Unipark Construction Corporation, Orlando, FL (Estimated usage is $3,500,000.00 per year).

13.  Award Master Agreement CC-2184-07/VFT, as shown on page _________, SHIP Affordable Housing Repair to Posey Builders Construction, Inc., Lake Monroe, FL; R.L.H. Consulting & Management, Inc. dba R.L.H. Construction, Sanford, FL; Vision IV Construction, Inc., Orlando, FL; Unipark Construction Corporation, Casselberry, FL; and Corinthian Builders, Inc., Sanford, FL (Estimated usage is $1,200,000.00 per year).

14.  Approve the negotiated rates and award PS-1903-07/BLH  Master Agreement, as shown on page ________, for Continuing Professional Services for Landscape Architecture and Irrigation Design Services to Miller Legg of Orlando, Florida, and David Wickham and Associates, Inc. of Lake Mary, Florida (Estimated usage $120,000.00 per year).

15.  Approve the negotiated rates and award PS-2051-07/BHJ, as shown on page ________,  Continuing Professional Lake Management Services with Environmental Research and Design, Inc. of Orlando, FL (Estimated Usage not- to-exceed $499,000.00 per year).

Support Services

16.  Approve and authorize Chairman to execute Renewal, as shown on page ________, to 25th Street (SR 46A) MVI Station Lease (Ahoy Marine).

 

 

 

 

Business Innovation Technology Services

Business Development

17.  Continuation of request to approve and authorize the Chairman to execute a Resolution renaming Wynn Road in the Jamestown subdivision to Darlington Lane.

 

Community Services

Community Assistance

18.  Appoint Valarie Ford as a Target Area representative, and Workforce Central Florida as a Private Sector representative to serve on the Community Services Block Grant Advisory Board.

Cooperative Extension

19.  Approve and authorize the Chairman to execute the Memorandum of Understanding, as shown on page ________, between Seminole County and the Florida Cooperative Extension Service, University of Florida Institute of Food and Agricultural Sciences to continue a collaborative working relationship.

 

Environmental Services

Business Office

20.  Approve release of the original Water and Sewer Maintenance Agreement with Letter of Credit #78531562 in the amount of $5,099.00 for the project known as Magnolia Pointe.

Planning Engineering Inspections

21.  Accept the Utility and Access Easement and Partial Abandonment and Termination of Easement, as shown on page ________, located on the east side of Banana Lake Road south of CR 46A.

 

Fiscal Services

Administration – Fiscal Services

22.  Approve and authorize the Chairman to execute the EMS Trust Grant Application, as shown on page ________, in acceptance of $146,084 in grant funds from the Florida Department of Health.

Budget

23.  Approve and authorize the Chairman to execute Budget Amendment Resolution #2007-R-181, as shown on page ________, (BAR) #07-93 through various funds reducing project budgets by $307,826,313.00 in FY 2006/07 in order to reflect the carryforward of available project funds from FY 2006/07 to the FY 2007/08 Adopted Budget.  

24.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-01 through the 2001 Infrastructure Sales Tax Fund in the amount of $200,000.00 to move funding between two adjacent sidewalk projects.  

 

Planning and Development

Development Review

25.  Authorize the release of the Private Road Maintenance Bond #08813533 in the amount of $114,656.59 for the Devon Place aka Wilshire Townhomes road improvements.

26.  Authorize the release of Maintenance Bond #022018415 for Streets, Curbs and Stormdrains, in the amount of $48,970.38 for the Annebury aka Addison Place Pickering-Fuller road improvements.

27.  Approve and authorize the Chairman to execute the minor plat for Hawthorne Acres located on the north side of Markham Road, west of Orange Blvd., at 6130 Markham Road, Sanford, in Section 36, Township 19 S, Range 29 E, George Hawthorne, applicant.

Planning

28.  Approve the request by the Lake Mary/Heathrow Festival of the Arts Committee, applicant; for a 3-year Special Event Permit for an annual art festival to be held at 1120 - 1145 TownPark Avenue (Colonial TownPark) according to the following conditions: (1.) The event shall adhere to the following schedule: November 3, 2007: 8am – 5pm, November 4, 2007: 10am – 5pm, October 31, 2008 - November 2, 2008: 8am - 10pm, November 6, 2009 - November 8, 2009: 8am - 10pm (2.) The Lake Mary/Heathrow Festival of the Arts Committee shall bring an updated copy of the event's site plan to the Seminole County Planning Division for review no later than 45 days prior to the commencement of the event in 2008 and 2009. (3.) Any substantial changes to the event or site plan, as deemed by the Planning Manager, shall require a new Special Event Permit.

 

Public Safety

Emergency Management

29.  Approve and authorize the Chairman to execute the Memorandum of Understanding, as shown on page ________, between Seminole Community College (SCC) and Seminole County for the use of Seminole Community College's Building J as a dependent care shelter.

 

Public Works

Engineering

30.  Adopt appropriate Resolution #2007-R-182, as shown on page _________, and authorize the Chairman to execute a Subordination of County Utility Interests Agreement, as shown on page _________, with the Florida Department of Transportation subordinating certain utility easement rights now owned by Seminole County.

31.  Approve and authorize the Chairman to execute a Joint Facilitation of Public Infrastructure Agreement, as shown on page _________, with Shoemaker Construction Co., Inc., in conjunction with the County Road 46A, Phase III, (Capital Improvement Project #00011401) Road Improvement Project.

32.  Approve the advance purchase of Florida Department of Transportation (FDOT) Parcel 109 on the State Road 436 and Red Bug Lake Road Interchange Project; authorize the issuance of two checks; one made payable to Bank of America in the amount of $62,795.64 for the existing mortgage and a second check made payable to Willie Troupe in the amount of $244,581.16 for the remainder (final agreement is $307,376.80); approve the issuance of a check for a not-to-exceed amount of $14,000.00 to Willie Troupe for residential relocation expenses related to this purchase; and approve the issuance of a check for a not-to-exceed amount of $10,000.00 to Broad and Cassel for attorney’s fees related to this purchase.

Roads-Stormwater

33.  Approve and authorize the Chairman to execute the Memorandum of Agreement, as shown on page ________, between Seminole County and the seven cities (Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs) for a Countywide Mosquito Control Program.

 

     Districts 1, 2, 4 and 5 voted AYE.

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Dallari, seconded by Commissioner McLean to approve the proposed mediated settlement relating to Parcel Numbers 225/725/825 on the East Lake Mary Boulevard Phase IIB project in the amount of $138,077.44, including land value, severance damage, statutory interest, statutory attorney’s fees, experts' fees and cost reimbursements.

     Districts 1, 2, 4 and 5 voted AYE.

CONSTITUTIONAL OFFICERS CONSENT AGENDA

     Motion by Commissioner Carey, seconded by Commissioner McLean to authorize and approve the following:

     35.  Approval of Expenditure Approval Lists, as shown on page __________, dated September 4, 10 & 17, 2007; and Payroll Approval Lists, as shown on page _________, dated September 6, 2007; Approval of BCC Official Minutes dated September 11 & 12, 2007; and noted for information only the following Clerk’s “received and filed”:  

 

 1.  M-2544-07 and M-2545-07 Basic Contracts, as shown on page _________, with PBS&J.

 

 2.  Amendment #1, as shown on page ________, to Work Order #18 to CC-1198-02.

 

 3.  Amendment #7, as shown on page _________, to Work Order #3 to PS-537-99.

 

 4.  Memorandum to Liz Parkhurst, Planning & Development, from Sandy McCann, Commission Records, regarding outstanding documents.

 

 5.  Memorandum to Ann Colby, Assistant County Attorney, from David Shields, Assistant County Attorney, regarding litigation support services and expert witness procurement for Seminole County v. Moran, et al.

 

 6.  Work Orders #21 and #22, as shown on page _________, for PS-5190-05.

 

 7.  Certificate of Completion, as shown on page _________, for CC-0348-05.

 

 8.  Work Order #7, as shown on page _________, to PS-1074-06.

 

 9.  Change Order #4, as shown on page _________, to CC-1449-06.

 

10.  Certificate of Completion, as shown on page _________, for Work Order #14 to CC-1075-06.

 

11.  Customer Agreement, as shown on page _________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Central Florida Educator’s Federal Credit Union.

 

12.  Amendments, as shown on page _________, to the Conditional Utility Agreements for Water & Sewer Service with Sunshine Lake Mary, LLC.

 

13.  Satisfactions of Connection Fees, as shown on page _________, for the projects known as Heritage Commons; The Traditions @ Alafaya, Phase 2 (Colonial Bank); Greenway South PUD; Bonyandi Properties Lot 5; and Bonyadi Properties Lot 1.

 

14.  Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with Thomas Morris.

 

15.  Development Orders, as shown on page _________, for Joseph & Charlotte Barolet, Guest House; Michael J. & Alicia R. Presutti, Guest House; and Donald & Sandra MacDougall, Guest House.

 

16.  Amendment #1, as shown on page _________, to Work Order #54 for PS-5150-03.

 

17.  IFB-3075-03 Term Contract, as shown on page __________, for Fire Division Uniforms Letter of Understanding #6.

 

18.  Amendment #1 to the Maintenance Agreement and Amended and Restated Letter of Credit #07-1115, as shown on page __________, in the amount of $5,575 for Vantage Point Commerce Park.

 

19.  Maintenance Agreements and Letters of Credit #SB 55017, as shown on page ________, in the amount of $24,790 for Greeneway South PUD (aka Shoppes at Clayton’s Crossing) and #FCU LK FOREST in the amount of $1,045.25 for Fairwinds Credit Union.

 

20.  Certificate of Completion, as shown on page ________, for Work Order #1 to CC-1075-06.

 

21.  Change Order #2, as shown on page ________, to Work Order #4 for CC-1075-06.

 

22.  Certificate of Completion, as shown on page ___________, for Work Order #15 to CC-1252-04.

 

23.  Change Order #3, as shown on page __________, to CC-0926-06.

 

24.  First Amendment, as shown on page _________, to Term Contract #IFB-3133-06, 3M Company.

 

25.  Change Order #6, as shown on page ____________, to CC-1636-06.

 

26.  Work Order #67, as shown on page __________, to PS-5130-02.

 

27.  Amendment #2, as shown on page __________, to Work Order #11 and Amendment #1 to Work Order #16 for PS-0381-06.

 

28.  M-2496-07, M-2499-07, and M-2503-07, as shown on page _________, Basic Contracts with One Source Roofing.

 

29.  M-600202-07 Miscellaneous Contract, as shown on page _________, with The Grove Counseling Center.

 

30.  Work Order #10, as shown on page __________, to RFP-0013-06.

 

31.  RFP-1091-06 Determination Letter, as shown on page ________, for Issue Form (8/14/07).

 

32.  Amendment #1,  as shown on page _________, to Work Order #9 for PS-5190-05.

 

33.  Work Order #52, as shown on page _________, to RFP-4214-04.

 

34.  Amendment #1, as shown on page __________, to Work Order #1 for RFP-0619-06.

 

35.  Change Order #1 to Work Order #7, as shown on page ________, for CC-1123-06.

 

36.  M-2481-07 Basic Contract, as shown on page _________, with Mulanes Concrete, Inc.

 

37.  Litigation Consultant Services Agreements, as shown on page _________, 2007-CA-826-13-K and 2007-CA-1605-101C-13-L, with G-A-I Consultants, Inc.

 

38.  Performance/Payment Bonds, as shown on page _________, for Southern Site Works, Inc., CC-2009-07.

 

39.  Recorded Resolution #2007-R-51, as shown on page _________, vacating and abandoning a drainage easement, Beazer Homes Corp., as approved by the BCC on March 13, 2007.

 

40.  M-600201-07 Miscellaneous Contract, as shown on page _________, with M. M. McCullough.

 

41.  Work Order #9, as shown on page _________, to RFP-0778-06.

 

42.  Amendment #1, as shown on page __________, to Work Order #4 for PS-5131-02.

 

43.  Amendment #5, as shown on page __________, to Work Order #15 for PS-586-01.

 

44.  Amendment #2, as shown on page __________, to Work Order #1 to PS-1529-06.

 

45.  Work Order #10, as shown on page _________, to PS-1501-06.

 

46.  Work Orders #12 and #13, as shown on page __________, to PS-1529-06.

 

47.  Work Order #15, as shown on page _________, to CC-1075-06.

 

48.  Second Amendment, as shown on page _________, to IFB-600172-07 Agreement with Absolute Sparkle.

 

49.  Purchase Agreement, as shown on page _________, for Temporary Construction Easement with John Grimes, approved per Binding Written Offer on June 12, 2007, for the Lake Emma Road Improvement Project.

 

50.  Revised Exhibit A, as shown on page _________, to CC-2244-07, APEC.

 

51.  Work Order #58, as shown on page _________, to CC-1220-03.

 

52.  Bids as follows:  RFP-600233-07; DB-1770-07; RFP-600231-07; RFQ-600241-07; RFP-600209-07 Presentation Brochures; CC-2143-07; CC-2190-07; CC-2341-07; CC-2183-07 Bid Package CD; CC-2184-07 Bid Package CD; and PS-2404-07.

 

 

 

 

REGULAR AGENDA

     Ray Hooper, Purchasing Manager, presented request to select a firm to provide the County with Bond Counsel Services in accordance with RFP-600233-07/TLR - Bond Counsel Legal Services.

     Motion by Commissioner Carey, seconded by Commissioner McLean to select the firm, Nabors, Giblin & Nickerson, P.A., as Seminole County’s Bond Counsel for Legal Services, as shown on page ________.

     Districts 1, 2, 4 and 5 voted AYE.

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     Request to accept or reject the original contract award of RFP-600209-07/BJC, Employee Benefits to Professional Insurance Company (PIC) for both Voluntary Cancer and Short Term Disability Insurance, based upon a protest filed on 9/17/07 on behalf of KMG America Corp., Inc. was presented.  Letter from Professional Benefit Plans with attachments regarding rating issues, Humana announcing intent to acquire KMG America, references and bid information were received and filed.

     Mark Gebhardt, KMG America, addressed the Board to explain why KMG America has filed a formal protest of the Risk Management Committee’s decision.  He reviewed issues that were brought up relating to Kanawha Insurance credit ratings, clarify the statement that KMG America was recently being purchased by Humana, rating scale of Kanawha Insurance Co., Financial Strength Ratings, KMG having “A-” ratings for 20 consecutive years, press report displaying a merger or acquisition with Humana and KMG America, a press release displaying the acquisition of Genworth by Sun Life, another press release announcing the completion of the acquisition of Genworth, and a list of references. 

     Chairman Henley stated he doesn’t think the issue before them is the acquisitions, but the Board has to decide whether or not to uphold the protest and reject the original contract or deny the protest. 

     Mr. Gebhardt explained for Commissioner McLean what a negative outlook means with regard to how his company will apply itself and how it is going to pay claims in a timely manner.

     Commissioner Carey stated she is glad that KMG America had an opportunity to clear the air for their firm, but she feels the Board made the right decision in going with PIC, therefore, she would recommend upholding the Board’s decision.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to accept the original contract award of RFP-600209-07/BJC, Employee Benefits to Professional Insurance Company (PIC) for both Voluntary Cancer and Short Term Disability Insurance. 

     Districts 1, 2, 4 and 5 voted AYE.

COUNTY MANAGER’S BRIEFING

     Ms. Coto requested direction from the Board regarding participation in the National Association of Counties (NACo) Prescription Drug Discount Card Program offered to member counties, to benefit those county citizens who may be under or uninsured.  She stated the program is primarily geared towards under or uninsured and it is not an insurance program but provides discounts on prescriptions that insurance does not cover.  The County must enter into a contract with Caremark who is administering the program through the National Association of Counties (NACo).  Part of the contract has been redacted and the County could receive a copy of that entire contract once they sign up for the program.  She reviewed the pharmacies that will be participating in the program.  She stated 23 counties are presently participating in the program and staff has talked to two of them (Lee and Lake).  They have indicated that they have had no problems to date.  She said monthly reports will be provided by Caremark showing what customers have received through this program.  The only staff time involved would be distributing any marketing material as well as if the County wanted to secure other pharmacies as part of the program.  Under the agreement, the County could not promote any other Discount Drug Cards.  Staff had some concerns with regard to whether or not there is a potential for liability coming back to the County and the two participating counties indicated that they have not experienced that.  The one question staff had was whether or not NACo received fees from this program and they indicated they have not.  Caremark does receive incentives from pharmaceutical companies; therefore, they receive a benefit by promoting this program.  Staff questioned why does the program need to go through the County and Caremark indicated that is how the program is set up. 

     Commissioner Carey stated she feels this program helps a lot of people that don’t have insurance as well as those who have insurance.  She added that the fact that Lake County has save over $300,000 in less than 12 months, this is a “no brainer”. 

     Commissioner Dallari stated he has no problem starting with this program as he feels it is one more tool in helping those that are uninsured or underinsured. 

     Commissioner McLean stated it is obviously a great program, but his only concern is there is a difference between Seminole County promoting the program and being a party to the program.

     Motion by Commissioner Carey, seconded by Commissioner McLean to move forward as soon as possible implementing the NACo Prescription Drug Discount Card Program offered to member counties, to benefit those County citizens who may be under or uninsured.

     Districts 1, 2, 4 and 5 voted AYE.

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     Lisa Spriggs, Fiscal Services Director, addressed the Board to seek direction with regard to the Legislative priorities for the 2008 State Legislative Program.  She stated the Legislative Delegation meeting is scheduled for October 24, 2007 from 1:00 p.m. to 5:00 p.m.  Additional information regarding the priorities was received and filed.  She began reviewing issues relating to County Home Rule authority, shifting of costs for government services and programs from State to Counties, driver education programs, property tax reform, and alternative public revenue sources.

     Commissioner Carey stated the Legislature has put in place and made available two taxes, surtax on deeds and the local option food and beverage tax revisions, in the Miami/Dade County area.  She stated they need to determine which one they would like to press forward and which one they won’t.  Other states have lobbied their Legislation to pass a local option transfer fee and she feels that can be a small amount and that would generate the same amount of cash.  She requested staff to discuss this with the Florida Association of Counties to see if there is an interest in that.

Ms. Spriggs continued by reviewing changes in the language for local governments to be able to participate in the State’s Deferred Compensation Program.  She reviewed the Local Option Rental Car Surcharge Tax, and Charter County Transit System Surtax. 

     Chairman Henley stated he feels it is important to know that the State Deferred Compensation Program did pass through all the committees and was reassigned to Mr. Negron’s committee, who killed it. 

     Commissioner Carey stated she would like the Rental Car Sales Tax and the Transit System Sales Tax be placed at the top of the list as she feels it is important to move those forward. 

     Chairman Henley stated he feels it is important that they give their lobbyist direction.

     Ms. Spriggs continued by reviewing the following State Funding Requests:  Pedestrian Overpass (Howell Branch Road); Cross Florida Greenways Trail; SR 46 Regional Evacuation Route; and Regional Alternative Water Supply Program. 

     The Board voiced no objections to the priority list as presented. 

     Ms. Coto stated the contract for the local lobbyist, Shutts & Bowen, expires at the end of this month.  She stated staff has received four responses for an RFP and staff is meeting this Thursday to evaluate them.  Staff will try to bring that before the Board by the next meeting, but if they are unable to do that, they will bring it at the November 13 meeting.

     Commissioner Carey stated she feels it is important that they get the lobbyists, both State and Federal who can help the Board collect some of the money and bring it back to Seminole County.

     Chairman Henley stated he feels the effectiveness of any lobby depends on how much money he has to distribute.  He stated he feels the biggest weakness they have is the effectiveness of the elected leaders.

     Commissioner Carey stated she would like to see the results as part of the information they get in the evaluation process.  She requested copies of the entire RFP.

COUNTY MANAGER’S REPORT

     Ms. Coto stated staff has received approval of the pool agreement from the City of Lake Mary, School Board and County.  She stated she received an e-mail from Superintendent Vogel indicating they would like to set up a Lake Mary High Swimming Pool Oversight Committee.  They would like to include elected officials, parents and teachers in that committee.  She stated she would recommend assigning a Board member as well as a staff member to serve on that committee.

     Chairman Henley recommended that Commissioner McLean serve on that committee.

     Ms. Coto recommended appointing Mr. Joe Abel, Leisure Services Director, to serve as a staff appointee. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey to appoint Commissioner McLean and Mr. Joe Abel to serve on the Lake Mary High Swimming Pool Oversight Committee.

     Districts 1, 2, 4 and 5 voted AYE.

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     Upon inquiry by Ms. Coto, the Board indicated that they received a letter from the Home Builders Association relating to the school impact fees.

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     Ms. Coto stated at the last meeting, staff was requested to contact Jeffery Dean regarding Conflict Counsel.  This was established by the Florida Legislature and it went away under Article V, and now it was passed back to the counties.  In the Fifth District Court of Appeals, there are a total of 13 counties and they are looking at 67 full-time employees within those counties.  She stated she will be contacting each of the counties so that they can deal with this issue.  She said she doesn’t believe it will be an unfunded mandate this year based upon the dollars that the Legislature has provided.  But in subsequent years, it will be an unfunded mandate.  The estimates range from $1.1 to $2.2 million dollars.  Seminole County is required to provide this new entity the same things the they provide the Public Defender and State Attorney.  This group will be eligible to receive some of the $2 Article V money.  There hasn’t been a lot of information provided from the State and as soon as she receives it, she will provide it to the Board.

     Upon inquiry by Commissioner Carey, Ms. Coto advised she understands there will be multiple offices and multiple locations around the region.

     Ms. Coto stated she and Ms. Spriggs were not aware of the group having access to the $2 fee until this morning and that has to be taken into consideration.  She stated until they have more information they may have to implement something this year and then revise it in subsequent years to address the new counsel. 

     Commissioner Dallari requested a copy of the business plan to see what they are trying to achieve.

     Ms. Coto stated she has suggested to the other counties that they do the same so that they are dealing with consistent information.

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     Ms. Coto stated there have been discussions with regard to the reorganizational meeting, and as it relates to the Administrative Code, that meeting must be scheduled for the second meeting in November.  She asked if the Board desires to come in on November 27, and if not, she suggested doing the organizational meeting on November 13 or during the December 11, 2007 meeting.  She stated she would need a motion waiving the Administrative Code to cancel the November 27th meeting. 

     Motion by Commissioner McLean, seconded by Commissioner Carey to waive the Administrative Code to cancel the November 27, 2007 meeting and to include the BCC reorganizational meeting with the November 13, 2007 meeting at the end of same.

     Districts 1, 2, 4 and 5 voted AYE.

CHAIRMAN’S REPORT

     Chairman Henley stated the Board has had communications with Mayor Dyer, City of Orlando, relating to the Central Florida Regional Commission on Homeless and they have hired an individual to coordinate this.  He stated David Medley has been meeting with the Ad Hoc Committee and they have requested $25,000.  He said he feels they need an interlocal agreement regarding the government’s structure of this organization.  He informed Mayor Dyer that he would be bringing this to the Board as to which direction they should go.

     Commissioner Dallari stated he feels it is imperative that they have a memorandum of understanding prior to distributing funds.

     Upon inquiry by Commissioner Carey, David Medley, Community Services Director, addressed the Board to state Orlando is the only city and they have hired the individual.  He stated they have been leaning toward an organizational structure within the agreement. 

     Chairman Henley stated he will inform Mayor Dyer that the Board supports the regional commission but they want the memorandum of understanding as to the structure.

     Ms. Coto suggested that staff can draft a memorandum of understanding and submit it to their partners indicating what they would expect as it relates to the overall structure. 

     Chairman Henley stated he believes Osceola County and Orange County are aware of Seminole County’s position. 

     Commissioner Dallari stated he feels the structure is imperative but they need to include in the agreement what everyone is committing to. 

     Mr. Medley stated the first deliverable will be a report to each government entity regarding the work of the four subcommittees. 

     Chairman Henley stated he will have staff draw up a memorandum of understanding.

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     Mr. McMillan stated Commissioner Van Der Weide has indicated that he has no problem with the Board moving forward with Item #41, Rezone, Mostafa Howeedy, scheduled for this afternoon.

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     The Chairman recessed the meeting at 11:28 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (with Commissioner Van Der Weide absent) and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record. 

     Districts 1, 2, 4 and 5 voted AYE. 

PUBLIC HEARINGS

 

REQUEST FOR LAND USE AMENDMENT & REZONING,

BRIGHT HORIZONS DAYCARE/ROBERT ROSSI

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a Small Scale Land Use Amendment from PUB (Public) and SE (Suburban Estates) to OFF (Office) and rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for property consisting of 1.61 acres located at the southeast corner of the intersection of Banana Lake Road and CR 46A, Bright Horizons Daycare/Robert Rossi, received and filed. 

     Chairman Henley advised the County is in receipt of a letter (copy received & filed) from the applicant requesting a continuance to the November 13, 2007 BCC meeting. 

     Motion by Commissioner McLean, seconded by Commissioner Carey to continue until November 13, 2007 consideration of a request for a Small Scale Land Use Amendment from PUB (Public) and SE (Suburban Estates) to OFF (Office) and rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for property consisting of 1.61 acres located at the southeast corner of the intersection of Banana Lake Road and CR 46A, as described in the proof of publication, Bright Horizons Daycare/Robert Rossi. 

     No one spoke in support or in opposition to the continuance. 

     Districts 1, 2, 4 and 5 voted AYE. 

REQUEST TO REZONE,

MOSTAFA HOWEEDY

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from RP (Residential Professional) to RP (Residential Professional) for property consisting of 0.47 acres located on the corner of SR 436 and Avery Lane, Mostafa Howeedy, received and filed. 

     Planner Herman Wright presented the request, advising the rezoning will modify the existing site to allow construction of a 1,400 square foot building addition.  The proposed use of the building is a dental lab that will total 4,468 square feet.  He further advised the Planning & Zoning Commission unanimously recommended approval and the staff also recommends approval of the rezoning request. 

     Mostafa Howeedy, applicant, addressed the Board to advise he agrees with the staff’s recommendation. 

     No one else spoke in support or in opposition. 

     Chairman Henley advised District Commissioner Van Der Weide has recommended approval. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance #2007-38, as shown on page _______, granting rezoning from RP (Residential Professional) to RP (Residential Professional) for property consisting of 0.47 acres located on the corner of SR 436 and Avery Lane, as described in the proof of publication; and to approve Development Order, as shown on page _______, Mostafa Howeedy. 

     Districts 1, 2, 4 and 5 voted AYE. 

CHAIRMAN’S REPORT, Continued

     Chairman Henley notified the Board that the Seminole County Health Department has registered to attend the NACo Florida Access Forum in St. Augustine on November 13, 2007.  He advised NACo will cover the cost of the hotel for two team members from Seminole County to attend.  Health Director, Mike Napier, will attend and they have requested an elected official to attend. 

     Ms. Coto stated that because the BCC meeting is on November 13, 2007, Dr. David Medley has agreed to go in the place of a County Commissioner. 

     The Board voiced no objections to Dr. Medley attending the forum. 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey advised the Domestic Violence Luncheon on October 4th raised $71,000 for the Safe House of Seminole.  She said she and the Sheriff were pleased with the turnout and have set the date for next year’s luncheon for October 2, 2008. 

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     Commissioner Carey advised October is “Breast Cancer Awareness Month” and the Seminole County Health Department is coordinating a tri-county breast and cervical cancer screening program. 

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     Commissioner Carey announced the Community Based Care of Seminole will be holding a fundraising event at the Lake Mary Marriot for the Children’s Cabinet on October 12; and the “Hoooowl for the Arts” fundraiser will be at Seminole Harley Davidson on October 13. 

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     Commissioner Carey advised the County’s Diversity Luncheon will be held on October 18, 2007. 

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     Commissioner Dallari advised he met with the Black Hammock Association about the rural area and both the cities of Winter Springs and Oviedo were in attendance.  He stated the city of Winter Springs has indicated that they are interested in pursuing a joint planning agreement with the County.  He said if there are no objections, he will work with the County Manager and the City and bring back an agreement for the Board’s consideration. 

     The Board voiced no objections to same. 

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     Commissioner McLean advised he will be doing some emceeing on Friday night at the fundraiser for the Children’s Cabinet. 

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     Commissioner McLean stated last week the CALNO meeting was held at the County and he commended Ms. Coto for her presentation at the meeting. 

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     Commissioner McLean announced the Lake Mary/Heathrow Art Festival will be held the first weekend in November; and the pre-event gathering will be held at SunTrust Bank on November 1 from 5:30 p.m. to 7:30 p.m. 

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed: 

 1.  Letter dated 09/27/07 to Chairman from Kent Perez, Director of Cabinet Affairs-Office of the Attorney General, re: Receipt of support letter for Turkey Creek/Lee Ranch.  (cc:  BCC, Co. Manager, Co. Attorney, Leisure Services Director)

 

 2.  Copy of letter to Ray Valdes, Tax Collector, (with attachment) from Cathy Collins, Budget Supervisor-Department of Revenue, re: Changes made to 2007/08 Budget.  (cc:  Co. Manager, Fiscal Services Director)

 

 3.  Copy of letter dated 9/28/07 to Mayor Bob Goff, City of Casselberry, (with attachment) from Chairman re: Analysis of Casselberry/Unincorporated Seminole Co. Tax Comparison.

 

 4.  Letter dated 9/21/07 to Chairman from Chris White, President-Villas of Lake Mary Board of Directors, re: Dorchester Plaza at State Road 46A and Dorchester Square.  (cc:  BCC, Co. Manager, Planning & Development Director)

 

 5.  Letter dated 9/26/07 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Notice of Public Hearing for annexation on October 22, 2007.  (cc: BCC, Co. Manager, Planning & Development Director, Planning Manager, Property Appraiser, Supervisor of Elections)

 

 6.  Copy of letter dated 9/21/07 to David Dewey, SJRWMD, from Chris White, President-Villas of Lake Mary Board of Directors, re: Concern over stormwater system in Dorchester Plaza. 

 

 7.  Letter dated 9/27/07 to Chairman from Diane Pickett Culpepper, Bright House, re: Additional HD programming.

 

 8.  Letter dated 9/25/07 to BCC from Sandra Smith, Chief Planner-City of Casselberry, re: Voluntary annexation request public hearing on 9/27/07 and 10/04/07.  (cc:  Co. Manager, Deputy Co. Manager, Planning & Development Director, Co. Attorney)

 

 9.  Letter dated 9/12/07 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Notice of Public Hearing for annexation on October 8, 2007.  (cc: BCC, Co. Manager, Planning & Development Director, Planning Manager, Property Appraiser, Supervisor of Elections)

 

10.  Letter dated 8/14/07 to BCC from Jackie Colon, Chairperson-Brevard County Board of County Commissioners, re: East Central Florida Regional Planning Council Dues.

 

11.  Contract for services, as shown on page _______, between Seminole Co. Government and the following:  James Schaefer (Field supervisor slow pitch softball) and Gerald Ransom (Keep score slow pitch softball).

 

12.  Copy of letter dated 10/08/07 to Mayor Buddy Dyer, City of Orlando, re: Central Florida Regional Commission on Homelessness.

 

13.  Letter dated 9/30/07 to Chairman (with attachment) from John Saboor, President, and Keith Station, Seminole Co. Sports Marketing Manager-Central Florida Sports Commission, re: September and August activities report. 

 

14.  Information from residents regarding Jamestown history and opposition to renaming Wynn Road.  (cc:  Co. Manager, Planning & Development Director, Addressing, Seminole Co. Museum)

 

15.  Letter dated 10/04/07 to Chairman from Diane Pickett Culpepper, Bright House, re: Additional services and changes for Bright House Networks customers.

 

16.  Copy of letters of various dates from Tad Stone, Director of Public Safety, re: Appreciation for recent donations to the following:  Sylvia Pagano; Patricia Caruso; Juanita Mills; Virgil Syerup; John Applebee; Jeanette Cappola; Frank Caroleo; Sandra Cooper; Barbara Jehan; Pat Jones; Eileen Loschky; Tim McGuire; Linda Parks; Norma Pendo; Bill Queen; Cheryl Russi; Marie Rutherford; William Manning; Julie Thompson; Mariana Velasco; Jackie Voss; Karen Waltensperger; Jane Warkentien; Lillian Galkin; Jesse Sloan; and Shelly Nelson. 

 

COUNTY MANAGER’S REPORT, Continued

     County Manager, Cindy Coto, updated the Board on the group health insurance with Blue Cross/Blue Shield, advising the Sheriff, Clerk of Court and Tax Collector have elected to stay with United HealthCare and the Supervisor of Elections and Property Appraiser have opted to go with the BCC employees and Blue Cross/Blue Shield (BCBS).  She advised BCBS has committed to hold the rates in the bid packet over the three-year period, but have not made a commitment relating to the trend.  She further advised that she had a meeting with Tony Jenkins who is the CEO of BCBS of Orlando and asked that they make the transition go as smoothly as possible for the employees. 

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     There being no further business to come before the Board, the meeting was adjourned at 1:50 p.m., this same date. 

 

 

ATTEST:_____________________Clerk_____________________Chairman

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