BOARD OF
NOVEMBER 13, 2007
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY,
Present:
Chairman
Vice
Chairman Brenda Carey (District 5)
Commissioner
Bob Dallari (District 1)
Commissioner
Mike McLean (District 2)
Commissioner
Dick Van Der Weide (District 3)
County
Manager Cindy Coto
Deputy
Clerk Carylon Cohen
Chaplain Bob Gregory, Good News Jail and
Prison Ministries,
Commissioner Van Der Weide led the Pledge
of Allegiance.
Awards and
Presentations
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to adopt appropriate Resolution #2007-R-197, as shown
on page _______, commending Michael Barr on his integrity,
sacrifices and dedication to conservation efforts and to the citizens of
Commissioner
Carey presented the Resolution to Mr. Barr, who addressed the Board to express
his thanks.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ray
Gilley, President of Metro Orlando Economic Development Commission, addressed
the Board to present the Commission’s
annual update.
He expressed thanks to the Board for their interest and strong support
for the citizens of
Dex Riley
addressed the Board to continue the presentation covering the following topics: EDC “Net” Working; New Enhanced Efforts: Advanced Manufacturing, Corporate Advisors
& Executives, Financial Services and Minority Business Channel.
Maureen Brockman
addressed the Board to continue with the following topics: New & Enhanced Efforts: Bio/Life Science, Clean Tech (Sustainable
Energy/Green Initiatives), Film & Entertainment Technology, and Integrated
Marketing.
Tracy
Turk addressed the Board to discuss the following topics: Establishment Highlights 2006-2007; Seminole
Success Stories; Partnerships; New Projects; Texture Magazine (copy
received and filed); and Upcoming Events.
She invited the Board to the EDC’s Holiday Open House on November 29,
2007.
Mr.
Gilley summarized his presentation and congratulated the Commissioners and said
he looks forward to their continued success and to working together.
Chairman
Henley stated the EDC has come a long way particularly in funding areas and he
is happy to say that. He commended Mr.
Gilley and the staff for their leadership.
Commissioner
Van Der Weide stated this is an example of using the taxpayers’ money as seed
money and has really paid off as the results are obvious.
Commissioner
Dallari complimented Mr. Gilley and staff for a job well done.
Ms.
Coto advised of other changes to the Regular Agenda as follows: correction of appropriation amount to $15,000
for Item #53, Resolution recognizing Project Simulated as a Qualified Defense
Contractor; staff made revisions to Item #55, Resolution amending the County’s
Administrative Code Section 22.5, based upon meetings with the BCC and the
Clerk and conversations with the external auditor; and Ms. Coto advised that
Item #56, $2 Court Technology Fund is follow-up to the 2007-08 Budget.
Commissioner
Carey requested that Item #5, Approve ranking list, authorize rate negotiations
and award DB-1770-07/BLH, be pulled for
a separate discussion and vote. She
also stated she would like to pull
Item #13, Liability claim for Federal Trust Bank/Phillips v. Seminole County,
for a separate vote.
Commissioner
Van Der Weide stated it is worthwhile to note under Item #17 that the $150,000
came from the Port Authority and there was a lot of cooperation between the
three agencies.
Commissioner
Dallari requested to pull for a separate
vote Item #9, Award of RFI-600219-07/BJC, Aeromedical Helicopter Services
to Air Methods Corporation’s Wholly Owned Subsidiary Rocky Mountain Holdings
LLC.
Commissioner
Dallari questioned staff if they had looked into the possibility of selling
carbon credits regarding Item #25, Approve and authorize the Chairman to
execute the Seminole Energy, LLC and Seminole County License Agreement for the
landfill gas-to-energy plant.
David
Gregory, Solid Waste Management, addressed the Board to discuss carbon credits.
Commissioner
McLean asked regarding Item #24, Approve renewal of Non-Exclusive Franchise
Agreement for Commercial Solid Waste Collection Services, if there had been any
discussions about looking at the potential economies of scale for the RFP for
one or two entities as opposed to three, four or five. Mr. Gregory stated that before 2009 staff
will be bringing that up and he will bring this back to the Board for
discussion.
Commissioner
McLean thanked staff for their quick action to bring to the Board today Item
#32, Approve and authorize the Chairman to execute an agreement between
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to approve and authorize the following:
2A. Confirm
appointment of Susan B. Vernon-Devlin as Community Information Director,
effective December 10, 2007.
3. Award CC-2396-07/JVP, as
shown on page _______, in the amount of $4,057,795.90 to The Lane Construction
Corporation of Maitland, Florida, for all labor, materials, equipment,
transportation, coordination and incidentals necessary to construct a 0.33 mile
trail and 231 linear foot SR 434 underpass including, but not limited to, site
preparation, asphalt trail pavement, landscape, concrete sidewalk, and
underpass.
4. Award CC-2546-07/DRS, as
shown on page _______, in the amount of $336,701.00 to Air Mechanical and
Services Corporation, Casselberry, Florida, for all labor, materials, equipment,
transportation, coordination and incidentals necessary for the purchase and
installation of a dedicated HVAC system for the BITS Computer Room located at
the Seminole County Public Safety Building.
6. Approve an increase to
the Board-approved estimated annual expenditure for PS-1074-06/TRJ,
Professional Geotechnical Services and Construction Material Testing and
Inspection, by an additional $150,000 per year.
7. Approve the negotiated
rates and award PS-2014-07/JVP, Construction Engineering and Inspection
services, for C-15, as shown on page ______, with GAI Consultants Inc., of
Orlando, Florida (estimated usage not to exceed $1,200,000.00 for the two-year
term of the Agreement).
11. Fiscal Services and Administrative Services/Purchasing and Contracts
Division request that the Board terminate Agreement with Stifel, Nicolaus &
Co. and award RFP-600149-07/TLR, as shown on page _______, Financial Consulting
Services to First Southwest Company, Orlando.
12. Approve Termination for Convenience for CC-2087-07/BHJ, Public Safety
Building Hurricane Protection, with T & G Constructors, Inc. of
Community
Service
CDBG
14. Approve
and authorize the Chairman to execute the Seminole County/Habitat for Humanity
in Seminole County, Inc. SHIP Program Developer Agreement, as shown on page
_______, for Program Years 2005-2006 and 2006-2007 in the amount of $600,000.00
for the development of five (5) new homes on Par Avenue in the Goldsboro target
area of Sanford for extremely low and very low income households.
Community
Assistance
15. Approve and authorize the Chairman to execute the Satisfactions, as
shown on page _______, of Second Mortgage for households as follows assisted
under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing
Program: Pat Sterling Brasher; Alejandro
and Rita E. Orama; Linda R. Williams; Janine Ahearn; Gilbert W. Benton, Jr.;
Jamie Marie DeBlasi; and Deliah and Gerard Lee Hinson.
Economic
Development
Operations
16. Approve
and authorize Chairman to execute the First Amendment, as shown on page
_______, to the Economic Development Commission of Mid-Florida, Inc. Master
Agreement to reflect the reduction in funding from $1.00 per capita to $0.90
per capita. The remaining payment terms
are unchanged.
17. Approve
and authorize 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
Tourism
Environmental
Services
Business
Office
27. Approve
and authorize the Chairman to execute Resolution #2007-R-200, as shown on page
_______, implementing Budget Amendment Request (BAR) #08-12 through the General
Fund in the amount of $512,585.00 for Special Elections expenditures and
subsequent reimbursement by the State.
28. Approve
and authorize the Chairman to execute Resolution #2007-R-201, as shown on page
_______, implementing Budget Amendment Request (BAR) #08-14 through the Fire
Protection Fund in the amount of $23,482.00 to recognize the receipt of and
allocate the Fireman’s Fund Heritage Grant.
29. Approve
and authorize the Chairman to execute Budget Change Request (BCR) #07-31 from
the General, Fire Protection, and Transportation Trust Funds in the amount of
$37,800.00 to increase Tax Collector's commissions based on final collections for
FY2006/07 Budget.
30. Approve
and authorize the Chairman to execute Budget Change Request (
MSBU
31. Approve
and authorize the Chairman to execute the Satisfaction of Lien, as shown on
page _______, for the Twin Pines Water and Waste Water Improvement MSBU
assessment assigned to Parcel #17-21-29-515-0000-0070; Nicholas Poleshuk, owner.
Library
Services
Administrative
32. Approve
and authorize the Chairman to execute an Agreement, as shown on page _______,
between
Planning
and Development
Development
Review
33. Authorize
the release of the Chuluota Veterinary Hospital Maintenance Agreement and
Irrevocable Letter of Credit #114 in the amount of $2,822.53 for the
34. Authorize
the release of The Trails 2B Maintenance Agreement and Irrevocable Standby
Letter of Credit #3077098 in the amount of $117,951.81 for The Trails 2B road,
drainage, wall and landscape improvements.
35. Adopt
and authorize the Chairman to execute Resolution #2007-R-202, as shown on page
_______, vacating and abandoning a portion of the platted seven foot wide
utility easement situated at the south of Lot 9, Block I, The Woodlands, as
recorded in Plat Book 16, Pages 2 and 3, of the Public Records of Seminole
County, Florida, and further described as 116 Foxridge Run, Longwood, Florida;
in Section 36, Township 20 S, Range 29 E (Lisa J. Randall).
36. Authorize
the release of the Airport Blvd. Right-of-Way (ROW)-Mainline Supply Right-of-Way
Utilization Permit Maintenance Bond #B8863368 in the amount of $2,203 for the
Airport Blvd. ROW-Mainline Supply road improvements.
37. Adopt
and authorize the Chairman to execute a Resolution #2007-R-203, as shown on
page _______, to vacate and abandon a portion of the public utility easement
situated on the north side of Lot 31, Wingfield North Phase 2, as recorded in
Plat Book 38, Pages 44, 45 and 46 of the Public Records of Seminole County,
Florida, further described as 279 Vista Oak Drive, Longwood, Florida (Christian
and Elena Gabor).
Planning
38. Approve
and authorize the Chairman to execute the attached "Seminole
County/Metroplan Orlando FY 2007 - 2008 Funding Agreement," as shown on
page _______, in the amount of $215,916.
39. Approve
Satisfaction of Lien, as shown on page _______, in the amount of $900, Case No.
02-46-CEB, Mark and Dawn Britton, which represents the lien on 5974 N. CR 427,
Sanford, Tax Parcel #14-20-30-505-0000-0200, and authorize the Chairman to
execute same.
Public
Safety
EMS/Fire/Rescue
40. Approve
and authorize the Chairman to execute Agreement, as shown on page _______, with
the Florida Conference Association of the Seventh-day Adventists for the
purpose of utilizing their building at 640 Campus Loop, Apopka, Florida, for
firefighter training.
41. Approve
and authorize the Chairman to execute
Purchase Agreement, as shown on page _______, for $54,600 for a
Perpetual Stormwater Discharge Easement for the Lake Emma Road Improvement
Project from
42. Approve
and authorize the Chairman to execute Resolution #2007-R-204, as shown on page
_______, accepting a Sidewalk, Drainage and Utility Easement (City of Sanford to
Seminole County), as shown on page _______, for property needed for the Country
Club Road Sidewalk Project.
43. Adopt
Resolution #2007-R-205, as shown on page _______, and authorize the Chairman to
execute Supplemental Agreement Number 1, as shown on page _______, to the Local
Agency Program (LAP) Agreement with the Florida Department of Transportation to
modify the design location of the sidewalk from
44. Adopt
Resolution #2007-R-206, as shown on page _______, and authorize the Chairman to
execute Supplemental Agreement Number 1, as shown on page _______, to a Local
Agency Program (LAP) Agreement with the Florida Department of Transportation to
modify the project limits for the State Road 426/County Road 419 Project from
Pine Avenue to Lockwood Boulevard to Pine Avenue to Avenue B. (FDOT FPN:
415030-1-38-01)
Districts 1, 2, 3, 4 and 5 voted AYE.
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The
Board considered Item #5, Approve
the ranking list, authorize rate negotiations and award DB-1770-07/BLH in the
amount of $3,890,000.00 to the team of Middlesex Corporation,
Commissioner
Carey stated she wants to talk about the pedestrian overpasses and what the
Board is trying to accomplish. She said
the designs are getting more and more elaborate and they are spending millions
and millions of dollars. She thinks
there are some things they have not looked into with regard to safety. As a member of MetroPlan, they hear a lot
about pedestrians, and there are a lot of things they can do without putting in
a pedestrian bridge and still make the pedestrians safe. She thinks these are outrageous costs for
road bridges and the designs are over the top. She stated she will not support the
recommendation to move forward. Further,
she said maintaining the structures is an on-going cost and she thinks they are
over killing this.
Chairman
Henley said he agrees that the designs are too elaborate, particularly the one
recommended today. This is way more than
what is needed.
Commissioner
Carey said she thinks they need to go back to the drawing board and see what
they really need to do.
Commissioner
Dallari said from his understanding, the purpose for this pedestrian overpass
is for the traffic on
Commissioner
Dallari said he believes the overpass is warranted, but there are a number of
elements of this bridge that are over the top.
He identified the semblance of red bugs and satellite disks.
Mr.
McCollum stated if the Board were to select this bridge, those things can come
off the structure.
Whereupon,
Commissioner Dallari said they would like to see how the bridge looks without
the pond fronds and satellite disks. He
stated the bridge could also be more standardized.
Mr.
McCollum said he thinks the direction was to have staff negotiate for items
taken out on the other bridge. Staff can
do that with this bridge also and come back with the cost for whatever bridge
structure the Board would like to look at.
Commissioner
Van Der Weide stated he thinks what the Board got is exactly what they asked
for. He agrees it is over the top. He said citizens are calling him relative to
Commissioner
McLean said he agrees. He does think the
overpass bridge makes sense conceptually.
They are dealing with traffic and safety and it’s impossible to move
that traffic off the intersection. He
thinks what they have is more than what they need. They need a basic design that gets them from
Point A to Point B. They need to pull
this item and go back and reexamine the scope and change what they are asking
for.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, for staff to go back to the drawing board and
come up with a simple, functional standardized bridge design and put it out to
bid, not asking to design and be elaborate to compete; and staff also to look
at other safety alternatives.
Under
discussion, Commissioner Carey said she doesn’t think the citizens are so
impatient that they don’t stop during opening and closing school hours and want
to pay $3.8 million. She said staff can
bring the design back and put it out for a hard construction bid.
Commissioner
Dallari said he thinks it more advantageous to do the design/build so they can
actually get the design at no cost upfront.
Cindy
Coto,
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to reject all bids submitted for DB-1770-07/BLH,
Red Bug Lake Road Pedestrian Overpass Design Build Project.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey continued discussion that there are a lot of cases where the design/build
makes a lot of sense but they still pay for it.
She said she thinks they need something to start with and as long as
they leave the design of the bridges up to the designer they are going to be
different every time. She thinks they
would be better off to have a standardized design and adapt it for site
conditions. She added that was her
motion to standardize the design.
Mr.
McCollum advised there is another bridge coming up for a pedestrian overpass at
Aloma and SR 426. These are the only two
remaining pedestrian overpasses in their work program. He asked if the Board wants staff to put
together a standard design and that would also apply to the Aloma bridge.
Commissioner
Carey said yes.
Commissioner
Dallari stated he thinks the design/build is the way they should go and he will
not support the motion. He explained why
this came up over is that they asked for uniqueness and that is what staff put
in the proposal and that is what they got.
He said they could ask those three same consultants to go back and
redesign the bridge and take out the unique elements not wanted.
Commissioner
McLean said he agrees with Commissioner Dallari because he thinks the question
is a matter of scope.
Upon
inquiry by Chairman Henley, Mr. McCollum said the bridge in Winter Springs cost
a little over $3 million. He said the
Board may want to consider for staff to get a standard design and bring it back
to the Board and they could review it and put it in the design/build
package. He said that will save them
time. If this goes through the
procurement process, that will take another nine to 10 months.
Commissioner
Carey said she would be o.k. with that.
Commissioner
Van Der Weide said a lot of people are very interested in these bridges (cities
and the School Board) and if they want something special over and above, maybe
they could come to the plate and participate with the funding like the city of
Commissioner
Carey stated she is fine with standardization of the design coming back to the
Board and that going out with the design/build package.
Mr.
McCollum said staff can bring the preliminary design and put in the scope and
do the design/build on that. He also
said staff can show the Board what the structure would look like.
The
Board voted on the original motion as clarified by Commissioner Carey.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Henley apologized to those who did the work for the Board and said, hopefully,
they will be interested in working further with the Board.
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Commissioner
Dallari stated the agenda package was a little incomplete and he wanted to get
more information from staff.
Chairman
Henley stated he was concerned that the backup material had a discrepancy in
cost and he read in the newspaper that the cost would be $1.2 million.
Leeanna
Raw, EMS/Fire Rescue, addressed the Board to answer questions on the question
of County subsidy and where the helicopter would be located.
Commissioner
Van Der Weide said it concerns him that everyone evaluated this and there was
no Deputy Manager on the evaluation team (only Public Safety). He would hate to see things like this happen
on a continuing basis. His first
question is if it’s not broken, what are they doing trying to fix it. There is a lot of confusion and it looks like
there is a potential for considerable cost to the taxpayers under the
circumstances.
Commissioner
McLean said that’s where his confusion comes.
They have worked with Omniflight for 23 years with no cost to the County
and why then are they making this move based on the history they have had up to
now.
Ms.
Raw said she is not in support of anything that is going to cost the
County. It has been a great relationship
with Omniflight for many years. She
renewed the bidding process that has transpired. When using a private provider, this will
change being at no charge.
Commissioner
Carey said she saw conflicting information also. She questioned where Air Methods is located
and if
Ms.
Raw explained that Air Methods could not respond to areas other than
Ms.
Coto stated that based on the number of questions, she thinks it would be
helpful for staff to go back and do a comparison of the two proposals and
answer the questions by the Board today.
She doesn’t think all the answers can be provided to the Board’s
satisfaction this morning.
Commissioner
Dallari said he would like to see an actual showing of the cost for the two
companies.
Chairman
Henley suggested continuing this item and staff to come back with a specific
recommendation of what they are asking the Board to approve. He said he would like to know exactly what
staff wants and what it is going to cost the Board.
Commissioner
Van Der Weide asked that the information be put in matrix form.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to continue the request to award
RFI-600219-07/BJC, Aeromedical Helicopter Services to Air Methods
Corporation's, Wholly Owned Subsidiary: Rocky Mountain Holdings LLC d/b/a
LifeNet, Englewood, CO; with staff to come back with a specific recommendation
of what they are asking the Board to approve and provide information requested
by the Commissioners in a table form.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Board considered Item #13, Approve
liability claim for Federal Trust Bank/Phillips v. Seminole County in
the amount of $63,000 inclusive.
Commissioner
Carey declared a conflict of interest and said she will abstain from voting on
this item. Conflict of Interest Form, as
shown on page _______, was received and filed.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to approve the liability
claim for Federal Trust Bank/Phillips v. Seminole County in the amount
of $63,000 inclusive.
Districts
1, 2, 3, 4 and 5 voted AYE.
Constitutional
Officers’ Consent Agenda
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize
the following:
Litigation
45. Approve
proposed negotiated settlement relating to Parcel Number 7 on the
Consumers/Lake Hayes Transmission Main Project, Lutheran Haven, Inc.'s property.
The proposed settlement is at the total
sum of $11,500.00 inclusive of all land value, severance damage, statutory
interest, attorney's fees, and cost reimbursements.
Other
46. Approval of adjustment of the
hourly rate from $190 to $210/hour for Labor Counsel, Fisher & Phillips,
effective January 1, 2008.
Clerk’s Office
47. Approval of Expenditure Lists, as
shown on page _______, dated October 8, 15 & 22, 2007; and Payroll Approval
Lists, as shown on page _______, dated October 4 & 18, 2007; BCC Official
Minutes dated October 9, 2007; and noting, for information only, the following
Clerk’s “received and filed”:
1. Department
of Administrative Services Purchasing Division Followup Audit of Tangible
Personal Property from Maryanne Morse, Clerk of Circuit Court.
2. Change
Order #2, as shown on page _______, to CC-1237-06.
3. Work
Order #2, as shown on page _______, to PS-5192-05.
4. Amendment
#1 to Work Order #2, as shown on page _______, to PS-0977-06.
5. Memorandum
to Sandy McCann, Commission Records, from Liz Parkhurst, Planning &
Development, re: P&D Outstanding Documents.
6. Water
& Sewer Cash Maintenance Bond and Escrow Agreement, as shown on page
_______, in the amount of $5,608.30 for the project known as
7. Right-of-way
Utilization Permit Maintenance Bond #6152847, as shown on page _______, in the
amount of $13,074.44 for the project known as Old Lake Mary Road ROW aka Chase
Groves Turn Lane.
8. Acceptance
of Liability Rider, as shown on page _______, for the Water & Sewer
Maintenance Bond in the amount of $1,083 for the project known as RBC Bank.
9. Letter
to Maryanne Morse, Clerk of Circuit Court, from Amir Asgarinik, Florida Dept.
of Transportation, re: SR 46 Roadway
Design Project.
10. Order Approving Tariffs from the Florida
Public Service Commission re: Petition
for approval of 2007 revisions to underground residential and commercial
distribution tariff by FPL.
11. Notice of Commission Hearing and Prehearing to
Florida Power & Light Co. and All Other Interested Persons, re: Docket #070602-EI.
12. RFP-600171-07 Term Contract, as shown on page
_______, for County-wide Landscape Installation, Nanak’s Landscaping Ground
Maintenance, Inc.
13. Work Order #16, as shown on page _______, to
CC-1075-06.
14. CC-2341-07 Construction Services Agreement, as
shown on page _______, Amfico Industries, Inc.
15. Title Opinion, as shown on page _______, for
Heritage Commons.
16. Notice to Proceed, as shown on page _______, for
CC-2167-07.
17. First Amendment, as shown on page _______, to
PS-5124-02.
18. Fourth Amendment, as shown on page _______, to
RFP-1091-06.
19. Work Order #7, as shown on page _______, to
PS-5183-05.
20. Internal Audit of the Economic Development
Program from Maryanne Morse, Clerk of Circuit Court.
21. Change Order #1, as shown on page _______, to
Work Order #55 to CC-1212-03.
22. Work Order #21, as shown on page _______, to
PS-0381-06.
23. First Amendment, as shown on page _______, to
IFB-3125-05.
24. Amendment #2, as shown on page _______, to
M-2481-07.
25. Change Order #1, as shown on page _______, to
RFP-2086-07.
26. Amendment #1, as shown on page _______, to
M-1947-07.
27. Amendment #1, as shown on page _______, to
Work Order #2 to PS-1074-06.
28. Change Order #5, #6 & #7, as shown on page
_______, to CC-1449-06.
29. Amendment #1, as shown on page _______, to
Work Order #51 to RFP-4214-04.
30. Letter to Maryanne Morse, Clerk of Court, from
Hospice of the Comforter thanking the Clerk for her contribution in the amount
of $1,009.68.
31. Memorandum to Ann Colby, Assistant County
Attorney, from David Shields, Assistant County Attorney, re: Basic Services Agreement Request, Seminole
County v. Sobik’s of Airport Blvd. Inc. and Seminole County v. Seminole
County State Road 46, Ltd.
32. Certified Tennis Pro Agreements, as shown on
page _______, for David Rosenfeld and Stojan Kirkov.
33. Fifth Amendment, as shown on page _______, to
RFP-4174-02.
34. Memorandum to Liz Parkhurst, Planning &
Development, from Sandy McCann, Commission Records, re: P&D Documents.
35. Work Order #17, #18 and #19, as shown on page
_______, to PS-5135-02.
36. U.S. Geological Survey Joint Funding Agreement,
as shown on page _______.
37. Notice to Proceed, as shown on page _______, for
CC-2213-07.
38. Amendment #5, as shown on page _______, to
IFB-3072-03.
39. Lawyers Title Insurance Corp. Policy
#A81-0266868, Corporate Warranty Deed, and Temporary Construction Easement, as
shown on page _______, for BJ’s Wholesale Club, Inc., CR 15 (
40. Work Order #6, as shown on page _______, to
PS-1020-05.
41. Work Order #46, as shown on page _______, to
CC-1267-05.
42. Work Order #6, as shown on page _______, to
PS-1074-06.
43. Non-certified Tennis Pro Agreement, as shown
on page _______, for Ryan Maddox Chabot.
44. Amendment #1, as shown on page _______, to
Work Order #74 to PS-5165-04.
45. Work Order #76, as shown on page _______, to
PS-5165-04.
46. Bids as follows: CC-2396-07; CC-2582-07; RFQ-600242-07;
RFP-600254-07; IFB-600276-07; IFB-600277-07; CC-2546-07; IFB-600279-07;
PS-2564-07; PS-2468-07; and RFP-600272-07.
Sheriff’s
Office
48. Approve
and authorize the Chairman to sign and execute the Budget Amendment Resolution
#2007-R-207, as shown on page _______, in the amount of $358,137.00 for the
Sheriff’s Office FY 07/08 budget for the FDLE Homeland Security Grant Program.
49. Approval
by the Board of County Commissioners for the Sheriff’s Office to provide a Law
Enforcement Terrorism Prevention (LETP) Grant funded CFIX Analyst position for
a one-year period and approval of the associated Budget Amendment Resolution
#2007-R-208, as shown on page _______, in the amount of $39,576.00 to
appropriate revenue and expenditures.
50. Approval
by the Board of County Commissioners to expend $1,000 from the Law Enforcement
Trust Fund to provide for a contribution to the Boys and Girls Club of Central
Florida, West Sanford Branch.
51. Approval
by the Board of County Commissioners to expend $5,000 from the Law Enforcement
Trust Fund to provide for a contribution to Safe House of Seminole.
Upon
inquiry by Commissioner McLean, Penny Fleming, Sheriff’s Office, addressed the
Board to state if second year funding is not available, the staff will look at
vacant civil positions in the current fiscal year and divert one vacant civil
position for this position if this position is effective. That way, they will not impact the General
Fund.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 10:45 a.m. and reconvened it at 10:57 a.m.
Regular Agenda
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to retain the
firm of Shutts & Bowen (Bobby Brantley) to provide the County with State
Lobbying Services in accordance with RFP-600261-07/BJC - State Lobbying
Services.
Under
discussion, Commissioner Van Der Weide stated Mr. Brantley knows the County and
used to live in
Upon
inquiry by Commissioner Carey, Ray Hooper, Purchasing Manager, addressed the
Board to state this is for one year with two, one-year renewals.
Commissioner
Carey said she was disappointed they only had four submittals with only three
that qualified. She said she didn’t have
a problem extending the contract for this year, but she would like to talk
about it at the end of next year.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Bill
McDermott, Economic Development Director, addressed the Board to request
adoption of a Resolution recognizing Project Simulated as a Qualified Defense
Contractor (QDC) and providing an appropriation of $15,000.00 as local
participation in the QDC tax refund program.
Commissioner
Dallari stated he toured the facility and it is quite amazing what this company
does.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to approve and authorize the Chairman to
execute Resolution #2007-R-209, as shown on page _______, recognizing Project
Simulated as a Qualified Defense Contractor (QDC) and providing an
appropriation of $15,000.00 as local participation in the QDC tax refund
program.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr.
McDermott requested adoption of a Resolution recognizing Project Cumberland as
a Qualified Target Industry (QTI) and executing an Interlocal Agreement with
the City of Lake Mary to provide 50% of the $20,000.00 local match requirement;
and providing an appropriation of $10,000.00 as local participation in the QTI
tax refund program.
Mr.
McDermott advised that the city of
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve and authorize the Chairman to execute
Resolution #2007-R-210, as shown on page _______, recognizing Project
Cumberland as a Qualified Target Industry (QTI) and executing an Interlocal
Agreement with the City of Lake Mary to provide 50% of the $20,000.00 local
match requirement; and providing an appropriation of $10,000.00 as local
participation in the QTI tax refund program.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Lisa
Spriggs, Fiscal Services Director, addressed the Board to request adoption of a
Resolution amending the County's
Administrative Code Section 22.5, Financial Policies to revise existing
policies addressing Budget Execution and Amendment. A revised version of the policies was received
and filed.
Ms.
Spriggs said staff made a review of 14 counties across the State and looked at
their policies. Of 14, 10 are Charter
counties and all were at the level proposed in this provision except one
county.
Commissioner
Carey stated she likes knowing what’s going on, and she would be concerned
about the fact that the Board would miss that ability to know what is really
going on.
Chairman
Henley said he thinks Commissioner Carey is making a good point, and he tried
to make that point to Ms. Spriggs. The
Board doesn’t want anything in the policy that is going to diminish the
responsibility the Board has to provide oversight to the budget. If the Board doesn’t have a mechanism to know
what is going on, a lot of things can happen that they may not have agreed
with. He said as explained to him, the
Board approves the projects ahead of time and nothing takes place except those projects. But some of those projects could get cut and
the Board doesn’t have the say. They
will get reports after the fact on the changes that are made.
Commissioner
Carey said it would be nice to see when they have those jobs that come in under
budget. She would have a problem with
having a pool of money that could be moved around without the Board knowing it.
Commissioner
Van Der Weide said he had this explained to him and he has the same concerns,
but he is not so sure that staff hasn’t got it covered. He said Ms. Spriggs has got him convinced
that these issues are covered in these policies.
Commissioner
Dallari asked Ms. Coto to comment.
Ms.
Coto said she sees this as more simple. She
explained that this procedure makes sure the budget policy matches the
procurement policy. She said staff will
provide more information to the Board.
Now, they will get a report which they have not gotten in the past. Now, they are not expediting the procecss. They are trying to provide enough
accountability to the Board and also enough flexibility. Discussion continued with the Board.
Ms.
Coto advised Commissioner Carey that staff cannot add or delete any
projects.
Commissioners
Dallari and McLean confirmed that the Board will look at reports on a monthly
basis.
Upon
inquiry by Chairman Henley, Ms. Coto said projects could not get deleted
without the Board’s authorization.
Clerk
Maryanne Morse advised if the Board approves a specific dollar amount, that is
all that will be paid by
Whereupon,
Chairman Henley said it seems that what they are trying to accomplish can’t be
done.
Ms.
Coto said she thinks that is the policy decision of the Clerk.
Ms.
Morse said that is the decision per the statutes. She doesn’t have authority to pay the
additional amount until such time as the Board authorizes her to do so.
Commissioner
McLean asked if the Board has authorized the
Ms.
Morse said no, because that allows the transfer of funds but not the
payment. The only one, by statute, that
can allow payment of the funds is the
Commissioner
Carey stated if that is correct, if the Board had in their agenda package the
list and it was approved as part of the agenda, then that would have been
authorized by the Board. At least they
are seeing the activity on a regular basis, monthly or whatever. It would still be after the fact that the
Ms.
Morse further explained that everything has to go through the Board. She said she does not have any objections to
going from a line item to a sub fund in the fund level. The problem is authorization to create a “slush
fund” and move that money according to wherever staff chooses to spend it as
they see fit without Board’s approval.
If staff puts it on a regular agenda item, then they are paying that
bill over and above and that would be her authority to pay the bill at that
time. Her staff will not pay the bill
before the fact. She said everything
changes when they go from line item to a sub fund.
Commissioner
McLean asked if there would be an issue in having the transactions reported on
a regular agenda.
Chairman
Henley said the only reason staff is not doing that today is because of the
delay.
County
Attorney Robert McMillan stated this is a little more detailed than the State Statutes. He has to rely on the finance people to tell
him what the financial statues say.
Commissioner
Carey said she doesn’t see why they can’t get that in the regular report to be
part of the Board’s agenda package.
Ms.
Spriggs said that would be no problem.
She stated if the Board gives the
Commissioner
Carey said if she is no longer going to vote on an item she wants to see what’s
going on. The Board of County
Commissioners has to stand before the taxpayers and be held accountable.
Mr.
McMillan said he thinks the timing of these things will take care of
themselves. If the authorization is done
and the report is provided and the Board accepts, there is going to be very few
cases where the work is going to get done before the bill comes in. He thinks there will be very limited
circumstances where there will be a real work issue.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt Resolution #2007-R-211, as shown on page
_______, amending the County's Administrative Code Section 22.5, Financial
Policies to revise existing policies addressing Budget Execution and Amendment,
with the addition of a standing report coming from staff to the Board for
approval, as discussed.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Ms.
Spriggs presented the request to approve use of the target formula as a means
to allocate the funding within the $2 Court Technology Fee Fund and unfreeze
the State Attorney’s Office position.
She explained that staff is proposing a formula-based concept they look
at as a target for this year and going forward.
It is based on the model that
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to approve use of the target formula as
a means to allocate the funding within the $2 Court Technology Fee Fund;
unfreeze the State Attorney’s Office position; and approve associated changes.
Ms.
Morse advised that the Clerk’s Office has worked with the Judiciary in their
new imaging system where whatever they put on their calendar also appears in
the Clerk’s system and whatever the Clerk’s Office dockets appears on their
calendar. Her staff has also started receiving
everything from the Jail’s Booking Department directly into the Clerk’s computer
which will be sent directly, electronically, to the State Attorney and to the
Public Defender. Those are some things
they are trying to work through. This
should help alleviate a lot of redundancy they have now.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Lin
Polk, Budget Manager, presented the request for adoption of the Capital
Improvement Project Budget Proposal Resolution for Fiscal Years 2007/2008 through
and including 2011/2012.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve and authorize the Chairman to execute
the Capital Improvement Project Budget Proposal Resolution #2007-R-212, as
shown on page _______, for Fiscal Years 2007/2008 through and including 2011/2012.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Ian Sikonia, Planner, addressed
the Board to present request for approval of the Final Master Plan and
Developer’s Commitment Agreement for the Lake Mary Westin PUD, consisting of
5.64± acres, located on the northwest corner of the intersection of CR 46A and
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the Final Master Plan and Developer’s Commitment
Agreement, as shown on page _______, for the Lake Mary Westin PUD, consisting
of 5.64± acres, located on the northwest corner of the intersection of CR 46A
and
Districts 1, 2, 3, 4 and 5
voted AYE.
-------
Tina Williamson, Acting
Planning Manager, addressed the Board to present request for approval of the Final
Engineering Plans for Wekiva Landings (a/k/a Wekiva Golf Club Townhomes)
consisting of 48 units on 4.96+/- acres located at 200 Hunt Club Boulevard
(Mark Sweeney/DRMP).
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to
approve the Final Engineering Plans for Wekiva Landings (a/k/a Wekiva Golf Club
Townhomes) consisting of 48 units on 4.96+/- acres located at 200 Hunt Club
Boulevard (Mark Sweeney/DRMP).
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Tom
Tomerlin, Planner, addressed the Board to present request to approve the proposed
application form for Brownfield Area designation requests and authorize staff
to conduct a fee assessment study associated with Brownfield Area designation
requests.
Motion by
Commissioner Dallari, seconded by Commissioner Carey, to approve the
application form for Brownfield Area designation requests and authorize the
Planning and Development Director to modify and update the application form on
an as-needed basis; and authorize the Planning and Development Director to
conduct a fee assessment study associated with processing a Brownfield Area
designation request.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Mr.
Tomerlin presented the requests to schedule and advertise public hearings to
consider the designation of two parcels located within the vicinity of 2950
Railroad Avenue, located west of State Road 417, east of Tuskawilla Road, and
south of State Road 434 as Brownfield Areas (L.D. Plante, Inc.); and schedule
and advertise a public hearing to consider the designation of the Lowe’s site
located at 6735 17-92 Fern Park, located east of US 17-92 and south of Fernwood
Blvd. as a Brownfield Area (Lowe’s Home Improvement, Inc.).
Commissioner Carey said she
confirmed with staff this morning that all advertising and hearing costs will
be paid for by the applicants.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to authorize the Planning and Development Director to schedule and advertise public hearings to
consider the designation of two parcels located within the vicinity of 2950
Railroad Avenue, located west of State Road 417, east of Tuskawilla Road, and
south of State Road 434 as Brownfield Areas (L.D. Plante, Inc.); and authorize
the Economic Development Director to schedule and advertise a public hearing to
consider the designation of the Lowe’s site located at 6735 17-92 Fern Park,
located east of US 17-92 and south of Fernwood Blvd. as a Brownfield Area (Lowe’s
Home Improvement, Inc.).
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
Coto stated she will bring her items before the Board during the afternoon
session.
-------
Chairman
Henley recessed the meeting at 11:46 a.m., reconvening at 1:30 p.m., with all Commissioners and all other
Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced
by Deputy Clerk Eva Roach, 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/A. Duda & Sons (Continued)
Continuation
of a public hearing to consider request to vacate and abandon unnamed platted
right-of-ways containing a combined area of 3.357 acres lying adjacent to and
south of Lots 22 and 123; lying adjacent to and north of Lot 125; lying
adjacent to and east of Lots 129 and 130; lying adjacent to and south of Lots
132 and 133; lying adjacent to and north of Lots 134 and 135; and lying
adjacent to and west of Lots 135 and 136; all in the Plat of Slavia Colony
Company’s Subdivision, as recorded in Plat Book 2, Page 71, Public Records of
Seminole County, Florida; less that portion of the aforesaid unnamed
right-of-ways lying west of the easterly right-of-way line of SR 425 (Aloma
Ave.); further described as located on the east side of Aloma Avenue,
approximately ¼ mile south of West Mitchell Hammock Road, in Section 21,
Township 21 S, Range 31 E, as described in the proof of publication, A. Duda
& Sons, Inc.
Cynthia
Sweet, Development Review, addressed the Board to advise this item was
continued from the October 23, 2007 meeting in order to give the applicant an
opportunity to meet with the adjacent property owners, John & Patricia
Baumgardner, to negotiate a temporary construction access to their property and
for their surveyor to correct a scrivener’s error in the legal description.
Leslie
Curry, representing A. Duda & Sons, addressed the Board to state Duda &
Sons submitted an application more than 15 months ago. These right-of-ways have not historically
been used by the public nor have been maintained by the County. Duda & Sons has maintained the
right-of-way off of SR 426 for 90 years.
The adjacent property owners (John & Patricia Baumgardner) were not
interested in joining Duda & Sons with this application or selling their
property. After reviewing the application,
County staff requested that they revise the application to remove the
right-of-way to the east and to the south of the Baumgardner’s property so they
would have access to their parcel. Duda
& Sons agreed to the request and their surveyor revised the legal
descriptions and sketches. Vacating the
right-of-way is crucial to Duda’s development plan for a mixed use site. The city of
Charles
Madden,
Upon
inquiry by Chairman Henley, Mr. Madden advised the Baumgardners property is for
sale and they would like an agreement with Duda & Sons that gives them an
option of having a maintenance easement.
There is a long-term maintenance of getting the dirt to the north side
of the ditch. The Baumgardners do not
want anything from Duda & Sons but to protect their own interest.
Mr.
Madden explained to Chairman Henley what conditions were unacceptable to the
Baumgardners.
Commissioner
Carey stated the culverts were originally installed by the Dudas at their own
expense and the only option is to come off of
Mr.
Madden stated the 30 ft. right-of-way would still exist if the infrastructure
wasn’t there, and whoever built the retention pond would have cleared it and
done a temporary dirt road out to Aloma.
The County would require a maintenance bond and there are some costs
involved in that. That is why Mr. &
Mrs. Baumgardner felt that committing $30,000 to do a temporary crossing was a
fair number.
Commissioner
Dallari stated the surrounding property owner is requesting vacating some
right-of-way and not hindering what the remaining piece of property has access
to. He stated he feels the two property
owners are entertaining a private agreement outside the purview of the County.
Robert
McMillan,
Mr.
Madden stated he understands that they have access off of Mitchell Hammock, but
if that was their only access to utilize the property south of the ditch, they
would have to do a permanent crossing.
Commissioner
Carey stated when you have unique development issues and conditions exist, it
is usually priced accordingly for that development process. They are going to need to maintain it in the
future.
Chairman
Henley stated he believes Duda & Sons are in charge of the situation
because the Baumgardners may not want to go with the other access but that may
be the only option if they do not want to accept the conditions laid out.
Commissioner
Van Der Weide stated this is Duda property and they are trying to vacate a
right-of-way on their property and the Baumgardners are concerned with getting
across a creek that is on their property.
He stated the Baumgardners will be selling their property and that would
go with the property and for whoever wants to develop it, that would be the
cost of doing business. He feels Duda
& Sons have bent over backwards to work something out with the
Baumgardners.
Mr.
Madden stated the Baumgardners support the vacate, but they just want to
develop a pond in order to get the dirt to the north side of the ditch.
Commissioner
Dallari stated he believes this is a private issue between the two property
owners and he feels the two entities will come up with an agreement.
Ms.
Curry stated she would like to remind the Board that they have an offer to
grant the Baumgardners a temporary construction easement and a perpetual
easement agreement but neither one has been accepted to date.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-213, as
shown on page ________, vacating and abandoning unnamed platted right-of-ways
containing a combined area of 3.357 acres lying adjacent to and south of Lots
22 and 123; lying adjacent to and north of Lot 125; lying adjacent to and east
of Lots 129 and 130; lying adjacent to and south of Lots 132 and 133; lying
adjacent to and north of Lots 134 and 135; and lying adjacent to and west of Lots
135 and 136; all in the Plat of Slavia Colony Company’s Subdivision, as
recorded in Plat Book 2, Page 71, Public Records of Seminole County, Florida;
less that portion of the aforesaid unnamed right-of-ways lying west of the
easterly right-of-way line of SR 425 (Aloma Ave.); further described as located
on the east side of Aloma Avenue, approximately ¼ mile south of West Mitchell
Hammock Road, in Section 21, Township 21 S, Range 31 E, as described in the
proof of publication, A. Duda & Sons, Inc., subject to the applicant
voluntarily dedicating drainage and access easements over the existing ditches
and the Lightwood-Knot Canal.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/Ronald
Devlen
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone approximately 1.26 acres located at 4021 Church
Street, from A-1 (Agriculture) to PCD (Planned Commercial Development), Ronald
Devlen, received and filed.
Austin
Watkins, Planning, addressed the Board to state the applicant is requesting a
rezone to PCD in order to develop a 3,715 square foot office building. The Future Land Use designation of the
subject property is Higher Intensity Planned-Target Industry. The proposed use is an engineering office,
which is consistent with the Seminole County Comprehensive Plan FLU Exhibit 23,
Target Industry Uses. Staff recommends
approval of the request.
Upon
inquiry by Commissioner Carey, Tina Williamson, Interim Planning Manager,
addressed the Board to advise they are required to build sidewalks as part of
the site plan process.
Jerry
McCollum,
Upon
further inquiry by Commissioner Carey, Mr. McCollum advised staff has been
working very closely with the city of
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner McLean to adopt Ordinance #2007-42, as shown on page ________,
to approve request to Rezone approximately 1.26 acres located at 4021 Church Street,
from A-1 (Agriculture) to PCD (Planned Commercial Development), and approval of
the Preliminary Site Plan and Development Order, as shown on page ________, as
described in the proof of publication, Ronald Devlen, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/Paul
Hoffman
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone approximately 0.27 acres located on the west side of
East Lake Brantley Drive, approximately 400 ft. north of SR 434, from RP
(Residential Professional) to RP (Residential Professional), Paul Hoffman,
received and filed.
Mr.
Watkins stated the BCC approved rezoning the property from R-2 to RP on October
14, 1994 to allow for a management office with a maximum of three
employees. The Development Order
required that any other office use be approved by the Board after a
determination that sufficient parking is available. The applicant is proposing that general
office use is a permittable use of the property. The site plan depicts seven parking spaces
and one handicap space. The applicant is
also requesting increasing the number of employees to six and to amend the
development order from the required six-foot masonry wall to a five-foot
masonry wall. All other conditions of
the 1994 development order will remain the same. Staff is recommending approval of the request
with the following to be excluded from the General Office use: Medical and Dental Offices, Dental and
Medical Clinics, and Medical and Dental Laboratories.
Paul
Hoffman, applicant, addressed the Board to state he agrees with staff
recommendations.
No
one spoke in support or in opposition.
District
Commissioner Van Der Weide recommended prohibiting the use of blood labs in the
development order.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt Ordinance #2007-43, as shown on page
________, to approve request to Rezone approximately 0.27 acres located on the
west side of East Lake Brantley Drive, approximately 400 ft. north of SR 434,
from RP (Residential Professional) to RP (Residential Professional), and
approve the associated Site Plan and Revised and Restated Development Order, as
shown on page ________, as described in the proof of publication, Paul Hoffman,
based on staff findings, including the prohibition of a blood lab.
Districts
1, 2, 3, 4 and 5 voted AYE.
PCD
MAJOR AMENDMENT
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone from PCD (Planned Commercial Development) to PCD
(Planned Commercial Development), approval of Revised and Restated Development
Order, Final Site Plan and Revised and Restated Developer’s Commitment
Agreement for the Vantage Point PCD consisting of 9.38+/- acres, located on the
southwest corner of the intersection of Monroe Road and Maronda Way, Jerry
Cutrona, received and filed.
Mr.
Watkins submitted a revised development order and developer’s commitment
agreement (received and filed). He
referred to Page 2 of the development order and stated the following should
read in Item C, “outdoor storage shall
be allowed” and the following language will be stricken, “Outdoor storage for Building 2 shall not
allow storage of materials within parking spaces or driveway aisles”; “Item
D, “any increase in office area shall
require a minor amendment to the PCD to ensure adequate parking on the site”. He referred to the Developer’s Commitment
Agreement and advised that the following shall be stricken: Item D, “Any
increase in office area shall require a minor amendment to the PCD to ensure
adequate parking on the site” and Item 10b, “A left turn lane on Monroe Road is required to be constructed by
Vantage Point Properties, LLC; unless Monroe Road improvements have commenced
by Seminole County, then no improvements to Monroe Road will be required by
Vantage Point Properties, LLC”. He
referred to Item 6, Building Setbacks and stated the west building setback
should read 10 ft. He stated the
applicant is requesting to increase the maximum square footage from 100,000 sq.
ft. to 106,229 sq. ft. and increase the allocation of office from a maximum of
30% to 50%. The applicant is proposing
an additional 17,280 sq. ft. of office uses and a decrease of 11,051 sq. ft. of
warehouse uses. The applicant is
proposing to construct 286 parking spaces and he is requesting shoe-box cut-off
style outdoor lighting 25 ft. in height.
The current development order requires that outdoor lighting be limited
16 ft. in height. Pursuant to Seminole
County Land Development Code, the Outdoor Lighting Requirements allow
industrial-zoned properties up to 25 ft. in height provided that they are
cut-off fixtures and located within 200 ft. from a residential zoned
property. The applicant desires to
remove a condition of approval which requires cross access to the northern
property (
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt Ordinance 2007-44, as shown on page
_________, approving the Vantage Point PCD Major Amendment Rezone from PCD
(Planned Commercial Development) to PCD (Planned Commercial Development),
approval of Revised and Restated Development Order, as shown on page _________,
Final Site Plan and Revised and Restated Developer’s Commitment Agreement, as
shown on page ________, for the Vantage Point PCD consisting of 9.38+/- acres,
located on the southwest corner of the intersection of
Districts
1, 2, 3, 4 and 5 voted AYE.
WATER
SUPPLY FACILITIES WORK PLAN
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to approve an ordinance adopting the proposed text amendments
to the Capital Improvements, Conservation, Future Land Use, Implementation,
Intergovernmental Coordination, and Potable Water Elements of the Seminole
County Comprehensive Plan to implement the Water Supply Facilities Work Plan,
received and filed.
Dick
Boyer, Planning, addressed the Board to state staff transmitted the proposed
amendments to the Department of Community Affairs (DCA) and St. Johns River
Water Management District for review on August 8, 2006; and staff has updated
the Objections, Recommendations and Comments (ORC) Report discussed with the
DCA.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt Ordinance #2007-45, as shown on page
_________, adopting the proposed text amendments to the Capital Improvements,
Conservation, Future Land Use, Implementation, Intergovernmental Coordination,
and Potable Water Elements of the Seminole County Comprehensive Plan to
implement the Water Supply Facilities Work Plan, as described in the proof of
publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Lisa
Spriggs, Fiscal Services Director, submitted a copy of the Property Tax Reform
(received and filed) proposal that was approved on October 29, 2007. She began by reviewing the Proposed
Constitutional Amendment-SJR 2D that will go to referendum on January 29,
2008. She stated the total revenue
impact will be a total of $20 million ($15.1 million General Fund and $4.9
million Fire Fund). She reviewed the
following four amendments relating to modified Homestead Exemption; Portability
of Save our Homes; Tangible Personal Property Exemption; and Non-Homestead
Property Assessment Cap. She reviewed
the Provisions and Revenue Impacts of the Modified Homestead Exemption,
Portability of Save our Homes, Tangible Personal Property Exemption, and
Non-Homestead Property Assessment Cap.
She also reviewed the following issues relating to Language Not Included
from the Original 2007D Session Proposal:
No Local Government Revenue Caps; No Exemption for Low-Income Seniors;
No Exemption for First-time Homebuyers; No Provisions for Affordable Housing;
No Working Waterfront Assessment Provisions; and No Property Appraisers
Provisions. She concluded by reviewing
the Critique of SJR 2D.
Upon
inquiry by Commissioner Van Der Weide, Ms. Spriggs advised she has not heard
from the Senate or House if there are any adjustments to HB 1B.
Commissioner
Carey stated there is no cap to what is already in place. Discussion ensued. She stated she would like to know if the
homestead exemption for low-income seniors passes in January, will it be
adjusted or brought back.
Ms.
Spriggs stated that is still a local option for low-income seniors and they
would have to qualify as low income.
Commissioner
McLean stated he feels the message they are dealing with the “Save our Homes” system
is the original intent that was discussed and it has not been dealt with and
the gap is getting wider. He stated the
Board needs to make that message clear and consistent in order to have an
outcome that will be effective.
Commissioner
Van Der Weide stated he wholeheartedly agrees, but there is confusion amongst
the Board and they need to get the definition of what is reality and what they
are thinking.
Mr.
McMillan stated he suspects that the Legislature will react to what happens in
January.
Commissioner
Van Der Weide stated he doesn’t think they have the real definition of where
they are at. If they are going to
educate the people intelligently, they need to have some idea of what they are
voting on.
Ms.
Coto stated the overall portability issue is an unknown because it is a
guesstimate based upon trends they have seen with respect to turnover of homes
over the last several years. The
majority of the $20 million is associated with the double exemption and staff
feels comfortable with that number. It
is difficult to say what the portability issue will be. Discussion ensued.
Commissioner
McLean stated whatever they come up with they need to have a clear and
understandable message. He stated if
they double the homestead, they are going to be dealing with people and
programs and that is the message they need to get out to the public.
Commissioner
Dallari stated they need to get a game plan together to educate the public.
Ms.
Coto stated a committee had been established and at the last meeting it was
decided that because the School Board had a different issue than the County,
and the cities had a different perspective than the County, there is no longer
a
Commissioner
Carey stated she spoke to the Chamber Issues Committee about property tax
reform and after the County explained what it meant, they were astounded. She stated the County should be running a
fact-finding program on SGTV on the pros and cons of the program.
Ms.
Coto stated the Property Appraiser and SGTV have been working together in providing
a video relating to the original ballot issue.
Staff has had discussions with the Property Appraiser but it is
difficult to come up with what form of educational message they are able to
identify.
Chairman
Henley recommended instructing staff to prepare a program as to the effect of
the service rendered by the government based upon the anticipated cuts.
Ms.
Coto stated she believes Bright House will be moving SGTV to Channel 199.
Chairman
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Chairman
Henley recessed the meeting at 2:40 p.m., reconvening at 2:50 p.m., with all
Commissioners in attendance.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
dated
2.
Memorandum
dated
3.
Memorandum
undated to Whom It May Concern from Steve Bracknell, Police Chief-City of
4.
Letter
dated
5.
Copy of
letter dated
6.
Letter
dated
7.
Letter
dated
8.
Memorandum
dated
9.
Notice
of public hearings from the City of Lake Mary re: Colonial Center Heathrow
10.
Copy of
memorandum dated
11.
Copy of
memorandum dated
12.
Copy of
memorandum dated
13.
Copy of
memorandum dated 10/19/07 to Sandy McCann, Supervisor-Co. Commission Records Office,
from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County records.
14.
Letter
dated 8/17/07 to Chairman from Gerald Seeber, City Manager-City of
15.
Copy of
letter dated 10/25/07 to Karen Gievers, Esquire (with original correspondence
attached) from Ray Valdes, Tax Collector, re:
Past collection of statutory fees on disabled parking placard issuance.
16.
Copy of
letter dated 10/24/07 to Jack & Ramona Campbell from Bryan Nipe,
Streetscapes & Trails Manager, re:
Appreciation for recent donation.
17.
Contract,
as shown on page ________, for Services between Seminole County Government and
Vincent Bavaro (Umpire).
18.
Copy of
letter dated
19.
Letter
dated
20.
Letter
dated
21.
Letter
dated
22.
Letter
dated
23.
Contract,
as shown on page ________, for services between Seminole County Government and
Delma Rosa (scorekeeper).
24.
Copies
of letters dated
25.
Copy of letter
dated
26.
Notice
of Public Service Commission hearing & pre-hearing regarding Bellsouth
interconnection agreement on
27.
Letter
dated
28.
Copy of
letter dated
29.
Letter
dated
30.
Copy of
letter dated
31.
Memorandum
dated
32.
Notice
and agenda for Seminole Co. Port Authority meeting on
33.
Copy of
letter dated
34.
Copy of
letters of various dates from Tad Stone, Director of Public Safety, re:
Appreciation for recent donations to the following: Tracy Murphy; Paula Nemethy; Julie Shea; Kirk
Swan; Jeanet Jones; Laurie Magyar; Marsha Oakes; Dario Obando; Felicia Reedy;
Sue Renn; Arlene Sanberg; Agnes Spielmann; Grace Stephenson; Richard Vitray;
Kristine Wilkinson; Maggie Boreman; Terrie Brunious; Kim Dunning; Cheryl
Hofsommer; Susan Johnson; and Barbara Martinez.
CHAIRMAN’S
REPORT
Chairman
Henley stated he received a letter from Cortez Towing Service asking for a
towing increase from $112 to $125. He
stated he will provide a copy of the letter to the Board and they will decide
at a later date.
DISTRICT
COMMISSIONERS’ REPORTS
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-214, as
shown on page _________, commending William Poe for his services on the Port
Authority.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
McLean stated the Lake Mary/Heathrow Festival of the Arts was held on November
2, 2007 and everyone had a great time.
He stated he would like to wish everyone Happy Thanksgiving.
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Commissioner
Van Der Weide stated three commissioners attended the Sanford Veterans Day
parade and it was a very nice event and it went as expected. He stated he attended a luncheon at the VFW
post in Longwood after the parade.
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Commissioner
Van Der Weide updated the Board on the Heroes Memorial. He stated they are working on a regular basis
with the committee, and an account has been opened and they have been receiving
checks. An RFP for the design has been
processed and that will be presented to the Board at the December 11, 2007
meeting. He said a lot of people are
participating in this and they almost have come to a decision on the logo
design. He added a website and brochures
are needed so that people will know where to send money.
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Commissioner
Carey stated the time has come to make appointments and reappointments to
committees. She stated she feels it
would make sense to combine the Natural Lands Committee and Trails Committee as
some of the volunteers are without a mission.
Commissioner
Dallari stated he feels that is a good idea and he would encourage the Board to
do that.
Upon
inquiry by Chairman Henley, Commissioner Carey advised she would recommend
combining the two committees and limit the number of members.
Ms.
Coto stated there might be a way to combine the Parks & Recreation
Committee with those two committees as well.
Commissioner
Carey stated she feels the Board should hold off on the appointments of those
committees at this time.
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Commissioner
Carey stated there was a great turn out at the Veterans Day parade and she
would like to thank the city of
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Commissioner
Carey stated Friday, November 30, 2007 is the Sanford Tree Lighting Ceremony
and Saturday is the Sanford Christmas parade and she hopes that everyone will
participate in that event.
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Commissioner
Carey stated the city of Altamonte Springs and Progress Energy will be
presenting the 7th Annual Lighting of Cranes Roost Park on Saturday,
December 1st from 5:00 p.m. to 8:00 p.m., and Mr. & Mrs. Claus
will be attending.
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Commissioner
Carey stated the city of
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Commissioner Carey stated the city of
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Commissioner
Carey stated she will be donating turkeys with each commissioner’s names on
them to various organizations and she would like to wish everyone a Happy
Thanksgiving.
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Commissioner
Dallari stated at the last meeting, he made a motion to nominate Debra Reimers
to the Trails & Greenways Task Force and she indicated that she will be
unable to serve, therefore, he would like to rescind that motion.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to rescind the motion appointing Debra Reimers
to the Trails & Greenways Task Force.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated this past Saturday the city of
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Commissioner
Dallari stated he met with Father John Bluett from the Saint Stephens Church in
Tuskawilla and he invited all the Board members to tour the Pathway to
Cure. He stated he feels that
organization does a phenomenal job for the underprivileged individuals.
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Commissioner
Dallari stated he received a phone call from a resident relative to illegal
citizens working in
Ms.
Coto stated she believes a situation occurred recently with a vendor doing
that.
Mr.
McMillan stated it is a violation of State Statutes to hire illegal immigrants.
Commissioner
Dallari stated if someone is in violation of the contract, then they should
relinquish the contract.
Mr.
McMillan stated the County’s contract provides that they have to comply with
the State Statutes and if they violate it, the process will be terminated.
Commissioner
Dallari requested that staff review that inhouse to make sure that is the way
it is taking place.
Commissioner
Van Der Weide recommended that the
COMMITTEE
REPORTS
No
Report.
Ms.
Coto stated at the October 23, 2007 meeting, the Board made a motion to
authorize the Tax Collector to extend
the 2007 tax roll until the completion of the VAB hearings and that needs to be
corrected.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize the Tax Collector to begin
collection of the 2007 tax roll prior to the completion of the VAB hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms.
Coto stated she is seeking direction as it relates to the Seminole Chamber of
Commerce. She stated she received a
letter from the Chamber of Commerce Chairman Ashworth inquiring whether or not
if the Board is interested in pursuing membership with the Chamber of
Commerce. She said the government membership
benefits package is $5,000 and the money, if approved by the Board, could be
taken out of Economic Development’s budget.
Commissioner
Carey stated since Economic Development has the funds, she sees no problem
doing that.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to authorize taking funds out of Economic
Development’s budget for the Seminole County Chamber of Commerce membership.
Under
discussion and upon inquiry by Chairman Henley, Ms. Coto advised this is the
only Chamber the County has participated in at a general government level.
Districts
1, 2, 3, and 5 voted AYE.
Commissioner
Henley voted Nay. He stated he doesn’t
think the Board needs to spend money for this when they can join individually.
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Ms.
Coto stated at the last Board meeting, Commissioner McLean brought up that he
had been asked to serve as a volunteer on a committee for Floridians for
Smarter Growth. She stated that
organization was established relating to educating residents across the State opposing
the Hometown Democracy. She said she
spoke to Ryan Hauck, Executive Director, and he indicated that this is a
volunteer organization that attempts to build local leadership teams throughout
Commissioner
Van Der Weide stated he doesn’t have a problem with it if Commissioner McLean
wants to do it as a volunteer position.
Commissioner
Dallari stated if it is a volunteer position and if he would like to do it, it
is his prerogative.
Commissioner
McLean stated he will be glad, as the process moves on, to bring back
information.
REORGANIZATION
OF THE BOARD
Chairman
Henley passed the gavel to the County Attorney Robert McMillan to act as
temporary Chairman to the BCC. He opened
the floor for nominations for the Chairman of the BCC for 2007/2008.
Commissioner
Van Der Weide nominated Commissioner Carey to serve as Chairman of the BCC.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to close the nominations for Chairman of the
BCC.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan advised that Commissioner Carey is the new Chairman of the BCC for
2007/2008. The gavel was surrendered to
Chairman Carey.
Chairman
Carey opened the floor for nominations for the Vice Chairman of the BCC for
2007/2008.
Commissioner
Dallari nominated Commissioner McLean to serve as Vice Chairman of the BCC for
2007/2008.
Motion by Commissioner Henley, seconded
by Commissioner Van Der Weide to close the nominations for Vice Chairman of the
BCC for 2007/2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize Commissioner Henley to sign the payroll until such time as a new signature plate is made.
Districts 1, 2, 3, 4, and 5 voted AYE.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:15 p.m., this same date.
ATTEST_______________________Clerk_____________________Chairman
cc/er