BOARD OF
MAY 20, 2008
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, May 20,
2008, in the SEMINOLE COUNTY SERVICES
BUILDING at
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Mike McLean (District 2)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner
Clerk of Circuit Court Maryanne Morse
County Manager Cindy Coto
Deputy Clerk Sandy McCann
Pastor Paul Hoyer,
Commissioner Dick Van Der Weide led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-119, as shown on page ________, congratulating the Water Conservation Section of the Seminole County Environmental Services Department for being recognized as the 2008 Florida Water Environment Association (FWEA) Public Education Award recipient in the Organization category.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Director of Environmental Services, Dr. John Cirello, and Debbie Meinert.
Dr. Cirello addressed the Board to express his appreciation for the Board’s support and vision with regard to water conservation.
-------
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2008-R-120, as shown on page _______, recognizing Robert O. Maguire as “Seminole County Cultural Arts Council’s Artist of the Year 2008”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Maguire, who addressed the Board to express his appreciation to his principal, the School Board, and the BCC.
-------
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-121, as shown on page ________, recognizing Glenn Yakubchik, Senior Signal Technician, Traffic Engineering, for his thirty plus years of dedication and commitment to Seminole County Government and its citizens.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Traffic Engineer, Melonie Barrington, who will forward same to Mr. Yakubchik.
-------
Motion
by Commissioner Henley, seconded by Commissioner Dallari to adopt appropriate
Resolution #2008-R-118, as shown on page _______, recognizing Sheriff Donald
Eslinger as the recipient of the “2008 Leadership Legends Award”, and for his
continued service and leadership to the citizens of
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Sheriff Eslinger who addressed the Board to express his appreciation to the Board, all who work at the Sheriff’s Office, Chief Harriett, Chief Fleming, and Fred Streetman.
Commissioner Van Der Weide requested Item #10, RFP-600367-08/GGM, be pulled for a separate vote.
Commissioner Dallari requested Item #6,
transferring the
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve and authorize the following:
5. Adopt appropriate Resolution #2008-R-122, as shown on page _______, proclaiming the week of June 2nd through June 6th, 2008 as "Code Enforcement Officers’ Appreciation Week".
Administrative Services
Purchasing and Contracts
7. Approve Amendment #2, as shown on page _______, to PS-5124-02/BJC
with PBS&J of
8. Award CC-3191-08/JVP Contract, as shown on page _______, Cross Seminole Trail South II in the amount of $815,365.31 to Cathcart Contracting Company of Winter Springs, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct approximately 1.8 miles of 14-foot wide trail within FDOT SR 426 Road Right-of-Way from Mikler Road to Red Bug Lake Road with emphasis on highly aesthetic, quality finished products.
9. Approve the negotiated
rates and award PS-2825-07/BHJ Contract, as shown on page _______, Preliminary
Engineering and Final Design Services for SR 434 Intersection Improvements -
Community Services
Community Assistance
11. Authorize Community Development Office (CD Office) staff to publish the
list of recommended funded activities for the Community Development Block Grant
(CDBG) Program, HOME Investment Partnerships Program, American Dream
Downpayment Initiatives (ADDI) Program and Emergency Shelter Grants (ESG)
Program. These activities, proposed to be funded under the 2008-2009 One-Year
Action Plan of the 2005-2009 Five-Year Consolidated Plan, and require a 30-day
public comment period prior to final approval by the Board in July 2008.
Economic Development
Tourism
12. Approve and authorize the Chairman to execute an Agreement, as shown on
page _______, with Orlando-Cocoa
Environmental Services
Business Office
13. Approve the release of the original Water and Sewer Maintenance
Bond in the amount of $60,330.00 for the project known as Lake Jessup Woods.
Planning Engineering Inspections
14. Approve and authorize the Chairman to execute a Memorandum of
Right-of-Way Consent Agreement and Right-of-Way Consent Agreement, as shown on
page _______, needed in conjunction with CIP Project "Consumer/Lake Hayes
24-Inch Water Transmission Main-Phase 2" with Florida Power & Light Co.
Fiscal Services
Budget
15. Approve and authorize the Chairman to execute Resolution #2008-R-124, as shown on page _______, implementing Budget Amendment Request (BAR) #08-57 through the Stormwater Fund in the amount of $28,767.00 in order to budgetarily recognize the Cost Sharing Agreement with the St. Johns River Water Management District included in the Public Works portion of this meeting's Consent agenda.
16. Approve and authorize the Chairman to execute Resolution #2008-R-125, as shown on page _______, implementing Budget Amendment Request (BAR) #08-58 through the General Fund and Fire Fund in the amount of $5,396.00 to recognize additional funding and reallocate funding for training awarded by Workforce Central Florida.
17. Approve and authorize the Chairman to execute Resolution #2008-R-126, as shown on page _______, implementing Budget Amendment Request (BAR) #08-62 through the General Fund in the amount of $4,439,717.00 to recognize funds due for reimbursement of eligible costs of Hurricane Charley and to set aside the funds in a project account (2004 Hurricane Close-out) to cover repayment of any net deobligations (reductions) for all three storms based on the results of the Final Inspection process.
18. Approve and authorize the
Chairman to execute the Budget Change Request (
19. Approve and authorize the
Chairman to execute Budget Change Request (
MSBU
20. Adopt appropriate Resolution #2008-R-127, as shown on page _______, establishing the 2008 assessment rate for each MSBU for which the annual assessment rate varies per operating cost.
21. Authorize the scheduling and
advertising of a public hearing for the purpose of adopting the annual Non-Ad
Valorem Assessment Roll to be held between June 1 and
Leisure Services
Parks and Recreation
22. Approve and authorize the Chairman to execute a Facility Use Agreement, as shown on page _______, with Red Raider Baseball for usage of Soldiers Creek baseball fields for summer baseball camps.
Library Services
Museum
23. Approve and authorize the
Chairman to execute an Agreement and Hold Harmless, as shown on page _______,
with the Celery City Cruisers to hold an Antique Car Show on the grounds of the
Planning and Development
Administration – Planning and
Development
24. Approve the Satisfaction of
Lien, as shown on page _______, in the amount of $5,050.00 for property located
at
Development Review
25. Authorize the release of the Tradition at Alafaya Paving and Drainage Improvements Maintenance and Escrow Agreement and Cash Maintenance Bond in the amount of $5,126.25 for the Tradition at Alafaya road improvements.
26. Authorize the release of the Wilson Park Subdivision Private Road Maintenance Agreement and Letter of Credit #P002862 in the amount of $61,509.60 for the Wilson Park Subdivision road improvements.
27. Authorize the release of the
Rinehart Road Right-of-Way (
28. Authorize the release of the
Rinehart Road Right-of-Way (
29. Adopt and authorize the Chairman to execute a Resolution #2008-R-128, as shown on page _______, vacating and abandoning a portion of a platted utility easement on Lot 6, Block 12, Indian Hills, Unit 2, recorded in the Public Records of Seminole County, Florida in Plat Book 14, Page 80 in Section 20, Township 21 S, Range 30 E and further described as 2022 Collier Drive. (Diane Rice)
Planning
30. Approve the Satisfaction of
Lien, as shown on page _______, in the amount of $625.00, Case No. 00-22-CEB,
on
31. Approve the Satisfaction of Lien, as shown on page _______, in the amount of $12,150.00, Case No. 05-58-CEB, on 1030 Gregory Drive, Maitland, Tax Parcel # 24-21-29-507-0B00-0040, previously owned by Carolea Oliver and currently owned by Kelly De Rivero, and authorize the Chairman to execute the Satisfaction of Lien.
32. Approve and authorize the
Chairman to execute the Cost Share Agreement, as shown on page _______, with
St. Johns River Water Management District (SJRWMD) for storm event monitoring
on Howell Creek.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Ms. Coto presented Item #6, request to
amend the Seminole County Administrative Code to transfer the
Chairman Carey advised Don Epps of the Historical Commission will be making a presentation this afternoon during the public comment portion of the BCC meeting.
Commissioner Dallari stated during the budget discussions, he had asked the staff to research the possibility of using Tourism dollars to fund the Museum and to actually put the Museum under the Tourism Development Division; and he has not received any information to date.
Ms. Coto said the TDC operation in
Commissioner Van Der Weide commented that he has told Mr. Epps and everyone else who has contacted him on this subject that Commissioners do not have the prerogative to interfere with personnel issues; and can only discuss the budget operations of the Museum.
Upon inquiry by Commissioner McLean, Ms. Coto advised Leisure Services Director, Joe Abel, did attend the Historical Commission’s meeting on May 15 and there was good dialogue regarding the transfer of the Museum to the Leisure Services Department.
Commissioner Dallari stated that he will not be supporting the Museum being moved under Leisure Services as he believes the appropriate place is under Tourism Development.
Chairman Carey said that until they figure
out what they are going to do with
Upon inquiry by Commissioner Van Der Weide, Commissioner Henley advised the Tourism Development budget is in good shape because the TDC in the past put away money for a “rainy day”. He added that the TDC has not been able to identify any nights that have been sold as a result of the Museum. He voiced his objections to alcoholic beverages being permitted under the Special Use (Section 28C) of the Code, and stated he will be voting against the resolution only because of that permitted use.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt
appropriate Resolution #2008-R-123, as shown on page _______, amending sections
of the Seminole County Administrative Code to transfer the
Districts 2, 3 and 5 voted AYE.
Commissioners Dallari and Henley voted NAY.
-------
Ms. Coto presented Item #10, request to
award RFP-600367-08/GGM, Temporary Personnel Services for ITS Department to
Cyberbest Technology, Inc.,
Upon inquiry by Chairman Carey, Mr. Beach addressed the Board to advise through the budget process they were able to reduce their budget. He said they will look at each project as a scope of service and then contact each of the three firms for the best price.
Commissioner Henley expressed his concern with the language in the agreement regarding hiring any of the temporary employees on a part-time or full-time basis. He added the language can be misinterpreted.
Commissioner Dallari questioned why the six to eight employees who were just hired this calendar year cannot do this work. Whereupon, Mr. Beach advised those people are not programmers; they are project managers.
Commissioner Dallari again questioned why people could not be hired to do both jobs. He said he is not comfortable with this and would like to have more information. He added that he would like to have an explanation on all the different applications.
Commissioner Henley stated he would like staff to keep the Board informed on each of the projects, including the amount of time that each is expected to take.
Motion
by Commissioner Dallari, seconded by Commissioner McLean to continue until the
June 10 BCC meeting, consideration of the award of RFP-600367-08/GGM, Temporary
Personnel Services for ITS Department to Cyberbest Technology, Inc.,
Under discussion, Ms. Coto offered that the staff can come back to the Board before renewing this contract.
Districts 1, 2 and 4 voted AYE.
Commissioner Van Der Weide and Carey voted NAY.
The Chairman clarified with staff that when this is brought back to the Board, they should include a quarterly report on the projects, annual renewal by the BCC, and project specifics.
Motion by Commissioner McLean, seconded by Commissioner Henley to approve and authorize the following:
33. Authorize the issuance of an Offer of Judgment for Parcel Numbers 112/712 and 113/713 of the CR 15 Road Improvement Project for the Defendants, Stephen G. Kohler, Douglas C. Lee, Turfmaster Lawn & Ornamental Care, Inc., and Control Pest Management, LLC, in the amount of $145,000, exclusive of statutory interest, attorney’s fees and costs reimbursements; and authorize a $25,000 counteroffer to Turfmaster’s amended business claim in the amount of $598,061.
34. Approval of a proposed negotiated settlement relating to Parcel Numbers 106/706 of the CR 15 Road Improvement Project in the total sum of $231,757.16, inclusive of all compensation to the owner, attorney fees of any kind, all costs, interest and any other matter for which Seminole County might be obligated to pay relating to these parcels.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
CLERK’S OFFICE
Motion by Commissioner Dallari, seconded by Commissioner McLean to approve and authorize the following: Expenditure Approval Lists, as shown on page _______, dated April 21 & 28, and May 5, 2008; Payroll Approval List, as shown on page ______, dated May 1, 2008; and approval of BCC Official Minutes dated April 22, 2008.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
The Board noted, for information only, the following Clerk’s “received and filed”:
1. W.O.
#27 & #28, as shown on page _______, to PS-1529-06.
2. IFB-600301-07
Contract, as shown on page _______, with Advanced Fire Equipment of Central
3. Amendment
#1, as shown on page _______, to W.O. #23 to PS-1529-06.
4. W.O.
#59, as shown on page _______, to PS-5120-02/BJC.
5. W.O.
#28, as shown on page _______, to PS-1074-06/RJR.
6. W.O.
#3, as shown on page _______, to PS-1742-07/BLH.
7. W.O.
#23, as shown on page _______, to CC-1075-06/TRJ.
8. Amendment
#3, as shown on page _______, to PS-5191-05/TLR.
9. Amendment
#2, as shown on page ________, to PS-5168-04/TLR.
10. IFB-3075-03/JVP Letter of Clarification, as
shown on page ________.
11. 3rd Amendment, as shown on page _______, to
IFB-3110-05/GMG, Chinchor Electric, Inc.
12. Termination for Convenience, as shown on page
_______, for CC-2341-07/VFT.
13. 3rd Amendment, as shown on page _______, to
IFB-3110-05/GMG, Traffic Control Devices, Inc.
14. W.O. #10, as shown on page _______, to
PS-1020-05/DRR.
15. CC-1949-07 Closeout Documents, as shown on
page _______.
16. Amendment #1, as shown on page _______, to
W.O. #23 to PS-0381-06/BLH.
17. W.O. #3, as shown on page ________, to
PS-5172-04/AJR.
18. Amendment #1, as shown on page _______, to
W.O. #2 to PS-5172-04.
19. IFB-600324-08 Term Contract, as shown on page
_______, with Prison Rehabilitative Industries & Diversified Enterprise,
Inc.
20. 4th Amendment, as shown on page _______, to
RFP-4253-05/RPS.
21. 6th Amendment, as shown on page _______, to
RFP-4164-02/GG.
22. Amendment #1, as shown on page ________, to
W.O. #97 to PS-5165-04/AJR.
23. 2nd Amendment, as shown on page _______, to
RFP-600244-07/GGM.
24. M-600212-07/BJC Contract, as shown on page
_______, with Dean Enterprises.
25. Amendment #2, as shown on page _______, to
W.O. #18 to PS-1074-06/TRJ.
26. C.O. #2, as shown on page _______, to
CC-2009-07.
27. W.O. #59, #60, #61, #62 & #63, as shown on
page _______, to CC-1220-04/TLC.
28. Amendment #2, as shown on page _______, to W.O. #18 to PS-1074-06.
29. W.O. #98, as shown on page _______, to PS-5165-04.
30. Addendum #2, as shown on page _______, to SR46/Lake Forest Townhouses PUD Developer’s Commitment Agreement.
31. D.O., as shown on page _______, for Bougainvillea Clinique as approved by the BCC on October 23, 2007.
32. Maintenance Bond LOC, as shown on page _______, for Falcon Development/Rinehart Road Commercial in the amount of $39,582.79.
33. Cash Maintenance Bond with Escrow Agreement, as shown on page _______, in the amount of $1,709 for Heathrow Enclave.
34. Cash
Maintenance Bond with Escrow Agreement, as shown on page _______, in the amount
of $1,254 for
35. Cash Maintenance Bond with Escrow Agreement, as shown on page _______, in the amount of $3,905 for Family Dollar/Just Brakes.
36. Memorandum to Assistant County Attorney, Ann Colby, from Assistant County Attorney, David Shields, dated April 29, 2008 re: Parcels #112/712 & #113/713, Stephen G. Kohler & Douglas C. Lee, CR 15 (ecological consultant services).
37. Memorandum to Assistant County Attorney, Ann Colby, from Assistant County Attorney, David Shields, dated April 30, 2008 re: Parcels #112/712 & #113/713, Stephen G. Kohler & Douglas C. Lee, CR 15.
38. Memorandum to Assistant County Attorney, Ann Colby, from Assistant County Attorney, David Shields, dated April 29, 2008 re: Parcels #112/712 & #113/713, Stephen G. Kohler & Douglas C. Lee, CR 15 (Land Planning & Use).
39. Performance Bond, as shown on page _______, for Clayton Crossing in the amount of $64,961.60.
40. C.O. #2, as shown on page _______, to CC-1075-06.
41. Development Orders, as shown on page _______, for the following: Jean Moon Nelda; Robert & Luz Taylor; Richard & Marilyn Brethouwer; and Cecilia Ravak.
42. Revised & Restated Development Order, as shown on page _______, for Faith Terrace Rezone as approved by the BCC on January 22, 2008.
43. Litigation Consultant Services Agreement, as shown on page _______, with Diversified Property Specialists, Inc. for Case #2007-CA-1605-101C-13-L.
44. Opinion of Title, as shown on page _______, for Wal-Mart Stores/Murphy Oil Minor Plat.
45. Joint
Participation Agreement, as shown on page _______, with FDOT re: Hwy. 17-92 &
46. Amendment of Letter of Credit, as shown on page _______, for ABC Fine Wine & Spirits in the amount of $1,244.
47. Cash
Maintenance Bond, as shown on page _______, for
48. Maintenance Bond, as shown on page _______, for Veramonte aka Long Pond in the amount of $66,100.
49. Conditional Utility Agreements, as shown on page _______, for water and sewer for Dikeou Realty/Walgreens @ Palm Valley.
50. Conditional
Utility Agreements, as shown on page ________, for water and sewer for
51. Bill of Sale and Letter, as shown on page _______, accepting water and sewer for the project known as Colonial Town Park Bldg. 400.
52. Letter, as shown on page _______, accepting water and sewer for the project known as Alaqua Country Club Clubhouse.
53. Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Fifth Third Bank.
54. Conditional Utility Agreements, as shown on page _______, for water and sewer for Continental 107 Fund LLC for the project known as M/I Bank.
55. Bill of Sale, Warranty Deed and Letter, as shown on page _______, accepting water & sewer systems in Veramonte (fka Long Pond).
56. Bill of Sale
and Letter, as shown on page _______, accepting water and sewer systems in
57. Bill of Sale, Utility Easement and Letter, as shown on page _______, accepting water system for ABC Fine Wine & Spirits/Charles Bailes, Jr.
58. Bids for the following: CC-3075-08, IFB-600404-08, CC-3191-08 (CD of Procurement Files), RFP-600409-08, RFP-600323-08, and #600394-08.
REGULAR AGENDA
Planner, Dick Boyer, addressed the Board to
present request for direction with regard to the LYNX U.S. 17-92 Link 103 (
Chairman Carey stated she would support the use of CRA funds for this route.
Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-131, as shown on page _______, providing matching funds to LYNX to initiate Link 103 (U.S. 17-92 between Fern Park and Seminole Center) starting in FY 2009/2010 or FY 2010/2011; and authorize the Chairman to execute same.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Planner, Cynthia Sweet, addressed the Board
to present request for a waiver of Active/Passive Buffer Setback Design
standards for the Hindu Temple Quadraplex, located on the south side of
Jeremy Anderson, representing The Hindu Society of Central Florida, addressed the Board to state they believe the proposed building will supplement the development and allow the priests to live onsite. He added that this will improve the security to the temple.
District Commissioner McLean advised the site is very isolated so the waivers will not have any affect on anyone.
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve the following waivers to the Active/Passive Buffer Setback Design Standards for the Hindu Temple Quadraplex proposed on the south side of Lake Drive and east of Florida Avenue, in Section 10, Township 21S, Range 30E, The Hindu Society of Central Florida: (1) Reduce building setbacks from 100 feet to 21 feet minimum for passive sides; (2) Reduce building setbacks from 100 feet to 23 feet minimum for active sides; (3) Reduce buffer width for passive sides from 15 feet to 7.5 feet minimum; and (4) Reduce buffer for active side from 50 feet to varies from 2.7 feet to 9.2 feet.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the Budget Amendment Status Report for FY 2007/2008.
Commissioner Henley asked for copies of the budgets for each of the 13 counties. Ms. Coto stated that the information she has received does not have any detail.
Upon inquiry by Commissioner Dallari, Ms. Coto stated that she has requested a business plan from Mr. Dean.
-------
Ms. Coto advised the City of
Winter Springs is holding a work shop tomorrow to discuss the potential of
consolidating their Fire Department with
Commissioner Dallari said he plans to attend the meeting and will make every effort to get there.
Chairman Carey advised the work shop is scheduled for 6:30 p.m.
-------
The Chairman recessed the meeting at 10:55
a.m., reconvening at 1:30 p.m.
with all Commissioners and all other Officials (County Attorney Robert McMillan
and Clerk Maryanne Morse entered late) with the exception of Deputy Clerk Sandy
McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to authorize filing the proofs of publication
for this meeting’s scheduled hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Carey advised the audience of the rules of procedures for the public hearings.
County
Attorney Robert McMillan entered the meeting at this time.
PUBLIC
HEARINGS
FY
2007/08 MID-YEAR BUDGET AMENDMENT RESOLUTION
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of the FY 2007/08 Mid-Year Budget Amendment Resolution,
received and filed.
Cecilia
Monti, Fiscal Services Financial Manager, and Lin Polk, Budget Manager,
addressed the Board. The Mid-Year Budget
Amendment Executive Summary was received and filed.
Ms.
Monti presented the request for approval and authorization for the Chairman to
execute the FY 2007/08 Mid-Year Budget Amendment Resolution. She advised the proposed adjustment to the
Countywide budget is $38,645,965. The
General Fund and Infrastructure Sales Tax Fund account for the majority of
these adjustments. The ending Reserves
balance after adjustments is $200,091,078.
Upon approval of the proposed Budget Amendment Resolution, the adjusted
County-wide FY 2007/08 Budget for all funds will be $1,195,571,100. Sixty-four percent (64%) of this budget is
comprised of Enterprise Funds, Capital Funds and other restricted or specific
revenue sources. Thirty-six percent
(36%) represent governmental activities.
Clerk
Maryanne Morse entered the meeting at this time.
Chairman
Carey stated in her discussion with staff about the $1 million from the Port
Authority and the balance of it that went to the Economic Development
Commission, it was reported to her that for some of the awards the County did
for economic incentives, when they run them out long-term, they had a
shortfall. That’s the reason the money
was put into the Economic Development Department. She said she thinks the Board needs to look
at those economic incentive commitments for as long as they are made. She has asked that those be put on a spread
sheet so the Board has this information prior to beginning the next budget
discussions.
No
one spoke in support or in opposition.
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to approve and authorize the Chairman to execute
Resolution #2008-R-129 adopting the FY 2007/08 Mid-Year Budget, as shown on
page _______, and adopt Budget Amendment Resolution #2008-R-131, as shown on
page _______, in the amount of $38,645,965.
Under
discussion, Commissioner Dallari asked staff what projections were used, and
how are they determining those projections for the near future on the gas tax
revenue.
Ms.
Monti stated they have established trend analyses and they look at where they
should be with collections on a monthly basis based on prior year actual
collections. Now they are tracking the
adjusted revenues presented today. They
are looking at these closely on a monthly basis. If there should be any downturns in the
future, they will bring those back right away to the Board. In addition, they use the
Commissioner
Dallari asked what is used to review the projections to see how accurate they
are for the price of fuel.
Ms.
Polk advised Administrative Services adjusted the budget for FY 2008/09 in the
amount of $700,000 to allow for any increases in gasoline expenditures for the
next year. They are anticipating a
decrease in usage of approximately 7.28%.
She explained that with a consumption reduction, even if a funding rate
went up to $5 per gallon, they would still be within $500,000. She further explained the budget was
increased to support a blended rate of $3.80 per gallon. Staff also assumed a 7.2% decrease after
that. She said today the County is
paying $3.44 per gallon.
Chairman
Carey said she thinks from all the trends she has seen,
Commissioner
Dallari stated he’s thinking with the price staff quoted, the County will be
above that in the next 12 months.
Ms.
Polk corrected herself that the figure for the blended rate was $3.95.
Ms.
Coto stated staff will continue to look at these numbers and, hopefully, by
mid-July the staff will have a better handle on where fuel prices are
going. With some of the amendments made
in the organization recently, they are looking at an overall decrease, because
they will have fewer vehicles on the road.
Commissioner
Henley asked if staff had explored the possibility of future gas for future
needs.
Ms.
Coto said the County does not have the storage capacity for future needs. They have done everything in their power to
buy at the best price possible, but it’s almost on a floating basis.
Districts
1, 2, 3, 4 and 5 voted AYE.
LAND USE AMENDMENT
AND REZONE/ANDRE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an Ordinance approving the Bear Lake Village Small Scale
Future Land Use Amendment from OFF (Office) and COM (Commercial) to PD (Planned
Development) and Rezone from OP (Office) to PCD (Planned Commercial
Development), for 1.198+/- acres located at the southwest corner of SR 436 and
S. Hunt Club Blvd., Andre Anderson, received and filed.
Austin
Watkins, Senior Planner, addressed the Board to present the request, stating
the applicant is requesting to rezone to PCD to allow for C-1 uses with the
following exclusions: appliance stores;
bakeries, where goods are sold on premises as retail; communication towers, day
nurseries, kindergartens, drug testing/blood testing facilities; employment agencies; funeral
homes; furniture stores; hardware stores; launderettes and laundromats;
multi-family housing such as condominiums, apartments and townhouses of medium
to high density; plant nurseries; public and private schools; self-service
laundries and theatres. He advised the
applicant is requesting a waiver to Section 30.1232 of the Land Development
Code, which is the active/passive buffers as follows: on the western property line, buffer width
from 15’ from a passive edge to 12.72’; setback of 25’ to 12.72’; 6’ masonry
wall to a 7’ concrete wall; 4 canopy trees every 100 linear feet to 2 canopy
trees. He said the applicant already has
a 30” continuous hedge along the property line.
On the southern property line, passive side requires a buffer width of
15’ and the applicant is proposing 23.70’; setback of 25’ to 23.70’; 6’ masonry
wall to a 7’ concrete wall; 4 canopy trees every 100 linear feet to 10 canopy
trees within the frontage along SR 436; and he is also proposing a 30”
continuous hedge. Mr. Watkins said the
staff is recommending approval of the passive buffer reductions as stated. He said staff has reviewed the final site plan
and Developer’s Commitment Agreement and finds that the applicant has met all
the conditions of the proposed Development Order. If approved, the Small Scale Land Use
Amendment will bring the subject property into compliance with the Land
Development Code and will absolve the existing code violations on the
property. Staff is recommending approval
of the Small Scale Land Use Amendment from Office (OFF) and Commercial (COM) to
Planned Development, and Rezone from OP (Office) to PCD (Planned Commercial Development);
and is recommending approval of the Final Site Plan, Development Order and
Developer’s Commitment Agreement.
Upon
inquiry by Chairman Carey, Mr. Watkins stated there is already an existing wall
and hedges on the property. The height
of the wall is already at least 7’ and what the applicant has done is installed
a vinyl fence above the wall on certain portions of the property. The applicant will supplement what already
exists as necessary.
Andre
Anderson, Planning Design Group, representing the applicant, addressed the
Board to state he supports the staff comments and recommendations. He said this is a unique situation because it
already exists and they are trying to correct a code violation. They have made some extra efforts to be
compatible with the subdivision to the south and to be good neighbors. These include installing a vinyl fence above
the existing 7’ wall at a portion towards the east, coming down
Edward
Kern,
No
one else spoke in support or in opposition.
District
Commissioner Van Der Weide stated this issue has been around for years. From the comments today, you can realize some
adjustments have been made. Mr. Green
has been to his office and, to his understanding, Mr. Green agreed with the
developer that the items he wanted were corrected. Now, there are some different issues but Mr.
Green is not present today. He said he
doesn’t know what the developer could do to correct the situation at this point
regarding the fence.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to approve the requested Bear Lake Village
Small Scale Land Use Amendment from OFF (Office) and COM (Commercial) to PD
(Planned Development) by adoption of Ordinance #2008-22, as shown on page
_______; approve the requested Rezone from OP (Office) to PCD (Planned
Commercial Development) by adoption of Ordinance #2008-23, as shown on page
_______, for 1.198+/- acres located at the southwest corner of SR 436 and S.
Hunt Club Blvd.; as described in the proof of publication, Andre Anderson,
based on staff findings; and approval of the Final Site, Development Order, as
shown on page _______, and Developer’s Commitment Agreement, as shown on page
_______.
Districts
1, 2, 3, 4 and 5 voted AYE.
CATTLE DRIVE TRAIL
REZONE/PAULINE M.
SAUCER
Proof
of publication, as shown on page _______, calling for a public hearing to
consider the Cattle Drive Trail rezone from A-5 (Rural) to A-10 (Rural) for
56.00+/- acres located on the east side of Cattle Drive Trail, north of W.
Osceola Road, Pauline M. Saucer, received and filed.
Brian
Walker, Senior Planner, addressed the Board to present the request, stating the
applicant is requesting the rezone in order to meet the qualifications pursuant
to the regulations outlined for the Family Subdivision in Section 35.72(e) of
the Land Development Code. He advised
the staff determined that, with exception of the A-10 zoning classification,
the applicant meets all the qualifications that are required to pursue a Family
Subdivision. He stated on May 7, 2008,
the Planning and Zoning (P&Z) Commission voted unanimously to recommend
approving the request to rezone to A-10.
Staff is also recommending the Board approve the request to rezone.
Chairman
Carey asked if there is a deed restriction placed on the property so that if
the property were sold in the future, but not to an immediate family member, it
would be a non-conforming use.
Mr.
Walker stated the applicant is required to submit an affidavit that the
property would only be transferred or sold to an immediate family member, so in
that sense there is a restriction. He
said he was not sure what legal mechanism is in place, but it is a recorded
affidavit.
Chairman
Carey said there needs to be a deed restriction so that if the title company
looks at it and sees the property not transferring to an immediate family
member, it would flag that it’s now a non-conforming use and possibly an
illegal sale.
County
Attorney Robert McMillan said the Board can’t prevent the owners from selling
the property. He suspects that at the
time this was done, the staff simply wanted to make sure the property was sold
and split for family use, but he doubts there was any particular desire to
capture subsequent purchases. He doesn’t
know if the intent was that family members would have to own the parcel
forever. He said he would have to do
some research.
Commissioner
Henley said it seems to him that if they go into this, they are setting up a
mechanism where they could wind up with one-acre lots in Rural A-10 and A-5,
and that was not the intent when the Board adopted the regulations.
Mr.
McMillan advised the Board could make it a condition of the approval that the
property be flagged as a deed restriction so that it shows up in a title search
and someone would know what actually happened.
Jay
Saucer, son of Pauline Saucer, applicant, addressed the Board to state the five
acres were transferred three or four years ago.
They waited to sell their house and then went to build. That met the classification at the time for
A-5. He said this is a five-acre split
and not a one-acre split. He doesn’t
know how they could achieve going back and placing a deed restriction on
something that is already transferred.
He further stated there are no other siblings at this point in time
looking to build or become a part of the farm.
He explained his mother requires assistance maintaining the farm. He clarified for Chairman Carey that this is
a five-acre parcel out of a 56-acre parcel.
Mr.
McMillan clarified with Mr. Walker that the applicant is only requesting a
rezoning today and not a split. When the
property is split, there could be a maximum of three lots.
Chairman
Carey clarified further that the applicant is requesting the Board to rezone
from A-5 to A-10 because they have to be A-10 zoned to qualify for the Family
Farm status. The applicant will come
back under the A-10 zoning if they choose to and plat it under the Family Farm
process.
No
one spoke in support or in opposition.
District
Commissioner Carey recommended approval of the request to rezone.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to approve the Cattle Drive Trail rezone from
A-5 (Rural) to A-10 (Rural), by adoption of Ordinance #2008-24, as shown on
page _______, 56.00+/- acres located on the east side of Cattle Drive Trail,
north of W. Osceola Road; as described in the proof of publication, Pauline M.
Saucer, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
COMFORT ROOMS REZONE/
STEPHEN FERRANDO
Proof
of publication, as shown on page _______, calling for a public hearing to
consider the Comfort Rooms rezone from R-1 (Single-Family Residential) to PUD
(Planned Unit Development), 0.37+/- acres located on the northeast corner of
the intersection of
Ian
Sikonia, Senior Planner, addressed the Board to present the request, stating
the proposed use of the building would be for the Comfort Rooms of
John
Herbert, American Civil Engineering Company, applicant, addressed the Board to
state he concurs with the staff recommendation.
No
one spoke in support or in opposition.
District
Commissioner Carey recommended approval of the request to rezone and approval
of the Preliminary Master Plan and Development Order.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to approve the Comfort Rooms rezone from R-1
(Single-Family Residential) to PUD (Planned Unit Development), by adoption of
Ordinance #2008-25, as shown on page _______, 0.37+/- acres located on the
northeast corner of the intersection of Church Street and Elder Road; as described
in the proof of publication, Stephen Ferrando, based on staff findings; and
approval of the Preliminary Master Plan and Development Order, as shown on page
_______.
Districts
1, 2, 3, 4 and 5 voted AYE.
PENINSULA AT
REZONE/MICHAEL
TOWERS
Proof
of publication, as shown on page _______, calling for a public hearing to
consider the Peninsula at Island Lake rezone from A-1 (Agriculture) and R-1AA
(Single-Family Dwelling) to R-1AA (Single-Family Dwelling), 10.49+ acres
located 500 feet east of the intersection of Marla Avenue and Adams Street,
Michael Towers, received and filed.
Mr.
Sikonia presented the request, stating the P&Z Commission met on April 2,
2008, and voted 6 to 0 to recommend approval of the request to rezone to R-1AA,
and staff is also recommending approval to rezone to R-1AA (Single-Family
Dwelling).
Commissioner
Henley said this is the same indication he received, that the residents don’t
want anything done to the road. He said
this is an infill project and he has walked the site with and without Mr.
Towers. There are some wetlands on it as
outlined by the St. Johns River Water Management District’s study. He doesn’t think they need to do anything to
the road and he did not see anything in the staff report that it’s a requirement.
Ms.
DeBord advised that the request at this time is a straight rezoning, and the
subdivision process has not begun yet.
She explained when staff has an opportunity to review it during the
process, they will be glad to evaluate all the infrastructure
requirements. She asked the Board to
allow staff to bring their recommendations forward at that time.
No
one spoke in support or in opposition.
Motion by Commissioner Henley, seconded
by Commissioner McLean, to approve the Peninsula at Island Lake rezoning from
A-1 (Agriculture) and R-1AA (Single-Family Dwelling) to R-1AA (Single-Family
Dwelling), by adoption of Ordinance #2008-26, as shown on page _______, 10.49+
acres located 500 feet east of the intersection of Suniland Avenue and Adams
Street; as described in the proof of publication, Michael Towers, based upon
staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
RIGHT-OF-WAY
VACATE/STILLWATERS
PROPERTIES OF
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of a Resolution to vacate and abandon that portion of the
unimproved public right-of-way known as 6th Street as shown on the
plats of Allen’s First Addition to Washington Heights, and Off Broadway
Industrial Park, and that portion of Avenue C, lying south of and contiguous to
Lots 10 and 11, Block C; property located south of CR 426, Oviedo, Florida;
Stillwaters Properties of Central Florida, received and filed.
Ms.
Sweet presented the request, stating the applicant wishes to vacate the
rights-of-way for a future commercial industrial development, and the vacate
and abandonment of the rights-of-way is necessary in order for the applicant to
achieve the development as proposed. She
said staff has no objection to vacating and abandoning all portions of the
rights-of-way as requested by the applicant, subject to the applicant
dedicating a utility easement agreement with the city of
David
Axel, Axel Real Estate, Inc., representing the applicant, 1757 W. Broadway,
addressed the Board to state they concur with the staff recommendation and he
is present to answer any questions.
Commissioner
McLean confirmed with Mr. Axel that he has no problem with the dedication of
the utility easement agreement with the city of
Steven
Wagner,
Chairman
Carey advised Mr. Wagner that the Board had not seen the preliminary site plan
and she doesn’t want to get into discussion of that until they can see what the
applicant is requesting. She said when
the Board hears that item, they would want to hear Mr. Wagner’s concerns at
that time.
Upon
inquiry by Commissioner Dallari, Mr. Wagner said he did not have any issues
with the vacate request before the Board.
No
one else spoke in support or in opposition.
Speaker
Request Form for Mr. Wagner was received and filed.
District
Commissioner McLean advised Mr. Wagner that this vacate and abandonment in no
way entitles the applicant to anything in the process, but this is one step of
the multi-step process.
Motion by Commissioner McLean, seconded
by Commissioner Dallari, to adopt Resolution #2008-R-130, as shown on page
_______, vacating and abandoning that portion of the unimproved public
right-of-way known as 6th Street as shown on the plats of Allen’s
First Addition to Washington Heights, as recorded in Plat Book 3, Page 23, and
Off Broadway Industrial Park, as recorded in Plat Book 63, Pages 67 and 68, and
that portion of Avenue C, lying south of and contiguous to Lots 10 and 11,
Block C, Allen’s First Addition to Washington Heights, as recorded in Plat Book
3, Page 23, Public Records of Seminole County, Florida; property located south
of CR 426, Oviedo, Florida; as described in the proof of publication,
Stillwaters Properties of Central Florida, subject to the condition that the
applicant dedicates a utility easement agreement with the city of Oviedo over
the existing utilities prior to recording of the Resolution.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Assistant
County Manager Sabrina O’Bryan addressed the Board to present the update on
legislative activities. She reviewed
that there were 308 bills passed during the legislative session. Forty of those have been approved by the
Governor; 71 bills are pending in the Governor’s Office and a little over 200
have yet to be transmitted to the Governor’s Office. Of the pending bills in the Governor’s
Office, he has 15 days to veto any portion of the bill or the bill in its
entirety or take no action and have the bill accepted into law without his
signature. She reported on Senate Bill
1588 dealing with property tax legislation, which was the Glitch Bill and dealt
with the ability to roll back rates and how far they could go back in terms of
the amendments from last year. Ms.
Spriggs is moving forward three possibilities for the Board’s consideration
during the budget presentation. They can
go ahead and adopt the current millage rate of 4.3578, which would have no
impact outside what was presented a couple weeks ago by staff for forecasting
of the budget. The second option would
be a roll back at an estimated 4.2309, which would create an additional $3.6
million reduction in the projections presented a couple of weeks ago. The final option would be a maximum millage
rate, which is estimated at 4.4065 that could generate an additional $1.8
million in revenue. Regarding HB 909
related to the Value Adjustment Boards (VAB), Ms. O’Bryan explained the
composition of the VAB will change to two County appointments, one School Board
appointment and two citizens. Also, this
bill mandates that the BCC will seek external council for the VAB. She advised that Deputy County Attorney Ann
Colby is working closely with the Clerk’s Office to schedule a meeting to
determine when and how that change should be made. This bill will be discussed again tomorrow
(May 21) along with SB 1588 by the Economic and Demographic Research
Committee.
Chairman
Carey said unless the Governor vetoes the bill, it is something the BCC needs to
deal with. She asked when the
composition of the VAB would go into effect.
Clerk
Maryanne Morse said September 1, 2008, is when everything changes, effective
that date. That means they would have to
have an attorney on board prior to that date.
She said there is a lot more to this bill. The magistrates that have been used in the
past now have to be certified by the State of
County
Attorney Robert McMillan stated one of the conflicts in the bill is that the
Statutes prohibits the VAB from meeting without an attorney present, so his
staff has talked about having an earlier meeting so that the County Attorney
can still represent the VAB before September 1 in order to go through the
process of hiring an attorney and have one on board after September 1 to be
able to meet. He explained that the VAB
would have to hire the attorney. He
further explained that the
Further discussion ensued on the
hiring process for the magistrates and the procedures that have to be adopted
by the State.
Ms.
O’Bryan stated staff has not calculated the financial impact of the legal
counsel. She believes this is a three to
two split between the County and the School Board for funding.
Commissioner
Dallari asked if it is possible to see if any of the Special Magistrates used
in the past are State-certified.
Whereupon, Ms. Morse said they would not have been because they were not
required to be under the old rules.
Ms.
O’Bryan continued with review of HB 527 which deals with brownfield
redevelopment and offering a 25% tax credit up to $500,000 for construction in
a brownfield site of a healthcare-related facility.
Ms.
O’Bryan reported that HB 7125 failed, which dealt with State and local revenue
limitations. HB 392 failed, which dealt
with budgetary disclosure fund limitations and restrictions upon governmental
transparenting, etc. HB 991 failed,
which dealt with public input requests.
Relating to the Transportation Bill (HB 1399), Ms. O’Bryan stated she
had the opportunity to hear Mr. Harkey from Congressman Mica’s office address a
portion of the business community (Private Business Association of Seminole
County-PBAS) last week sharing his feelings and thoughts on the Commuter Rail
project. He said he doesn’t feel there
is going to be a special session of the Legislature to deal with that issue
because of the budgetary constraints. He
encouraged local governments to move forward and continue to educate the
business community as well as the local Legislative Delegation, because there
are going to be some members changing, and confirm the appropriation of
$418,000 for the development of the four rail stations in
Regarding
the environmental budget issues, Ms. O’Bryan stated the $7.7 million for
alternative water supply remained in the environmental budget.
Ms.
O’Bryan apologized for providing the Board with incorrect information at the
last meeting and said she subsequently sent a follow-up e-mail regarding
same. She said she was confusing the
replacement of local effort with the separate issue that was going on with the
Community College. She had the
opportunity to contact George Kosmac, Deputy Superintendent,
Chairman
Carey said the County’s penny is going to sunset in 2011. She asked if the School Board would then be
able to go for the half cent on top of what they have the ability to levy now. Ms. O’Bryan said that did not come out in the
discussion, but she would be happy to invite Mr. Kosmac to address the group or
have individual meetings with the Commissioners. Chairman Carey suggested she call and ask
this question.
Ms.
O’Bryan said a Work Place Safety Task Force was created by a bill just passed
and they will be looking at occupational safety and health administration
standards and presenting some alternatives for the January 1, 2009 time
frame. This may not be much of an impact
on the County budget. She concluded her
report stating staff will continue to review the bills as they are signed and
will provide the Board with an update.
-------
Chairman
Carey recessed the meeting at 2:55 p.m. and reconvened it at 3:05 p.m.
CHAIRMAN’S
REPORT
Chairman
Carey advised when Commissioner Henley was on vacation, she attended the
Central Florida Commuter Rail meeting on May 9 and she has a copy of the
concept plans for the Commissioners to view, showing all the stations. Commissioner Henley advised he already has a
copy of the plans.
Clerk
Maryanne Morse reentered the meeting room at this time.
Chairman
Carey stated the contract with CSX is valid through June, 2009, and they are
confident they will be able to get this worked out so everyone is moving ahead
and everyone at the Commuter Rail meeting committed to continue on and are
still committed to the project.
-------
Chairman
Carey advised that she and Ms. Coto traveled to
-------
Chairman
Carey reported that this past Thursday she attended the Commission on
Homelessness meeting and Chairman Ed Timberlake talked about place holders in
the budget. She said they contributed
$25,000 when the temporary Commission was in place. The Chairman is now requesting $1.5
million. She advised him that the BCC
would have to get back with him on that and, in light of the budget cuts made,
she doubted he was going to get anywhere near that amount from Seminole
County. She has asked Ms. Coto to
contact the various jurisdictions to see what they are proposing in order to
have some idea of what their colleagues are going to do. Thus far, she has heard that
Commissioner
Dallari requested a copy of the Commission on Homelessness’s proposed budget of
where the funds are going to be allocated.
Chairman
Carey said she discussed with Community Services Director David Medley that
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated May 2, 2008 from Michael Napier, Administrator, Seminole County Health
Department, to Board of County Commissioners re: Integrated Mosquito Control in
2. Copy
of letter dated May 5, 2008 from President John Hitt, UCF, to Commissioner Bob
Dallari and Manager Cindy Coto re: response to Ms. Coto’s letter of April 2nd
regarding Small Area Study.
3. Letter
dated May 5, 2008 from Mike McDaniel, Office of Comprehensive Planning, DCA, to
Chairman Brenda Carey re: Objections,
recommendations, and comments for Seminole County Comprehensive Plan Amendment
08-1.
4. Copy
of letter dated May 6, 2008 from Chairman Brenda Carey to Tracy Turk, Metro
Orlando EDC, re: SEOS.
5. Letter
dated May 6, 2008 from Congressman John Mica to Chairman Brenda Carey re: update on Central Florida Commuter Rail
project.
6. Letter
dated May 7, 2008 from Miriam Wheeler Bruce to Chairman Brenda Carey re: Museum operations.
7. Copy
of letter dated May 8, 2008 from Barbara Barbour, Clerk of City of Oviedo, to
Ms. Cindy Coto re: Annexation Ordinance No.
1439.
8. Letter
dated May 8, 2008 from Eugene Miller, City Manager, City of
9. Letter
dated May 8, 2008 from Patsy Wright, City Clerk, City of
10. Letter dated May 9, 2008 from Chairman Brenda
Carey to Miriam Wheeler Bruce re: Museum
operations.
11. Letter dated May 9, 2008 from Chairman Brenda
Carey to Roy Singer, President, Mid-Florida Archaeological and Historical
Society, re: Museum operations.
12. Letter dated May 9, 2008 from Arthur Evans to
Chairman Brenda Carey re: Museum
operations.
13. Letter received May 13, 2008 from LW Rossiour
to Chairman Brenda Carey re: rural area
landowners.
14. Letter dated May 13, 2008 from Clerk Maryanne
Morse to the Board of County Commissioners re: Standard and Poor’s assessment and rating of
15. Letter dated May 13, 2008 from Walter Smith to
Chairman Brenda Carey re: Museum
operations.
16. Letter dated May 14, 2008 from Daryl Baker,
American Civil Engineering Company, to Property Owner re: proposed warehouse for MSP Data Systems, Inc.
17. Letter dated May 14, 2008 from Tawny Olore,
Rail Transit Project Manager, to Chairman Brenda Carey re: Notice of Availability – Supplemental
Environmental Assessment, Central Florida Commuter Rail Transit Project.
18. Letter received May 14, 2008 from Chris White,
President, Villas of Lake Mary HOA, to
19. Copy of letter dated May 14, 2008 from Tim
Brodeur, Chairman, Seminole Soil and Water Conservation District, to Board of
County Commissioners re: Enviro Camp.
20. Letter dated May 14, 2008 from Alton Williams,
Evergreen Cemetery, Inc., to Chairman Brenda Carey re: Museum operations.
21. Letter dated May 14, 2008 from City of
22. Copy of letter dated May 15, 2008 from Robert
Heenan, HUD SHIP Administrator, to Jana Beougher re: Response to 2007-08 SHIP Program Management
Review and Physical Inspection.
23. Letter dated May 15, 2008 from Richard Adicks,
Oviedo Historical Society, re: Museum
operations.
24. Letter dated May 16, 2008 from Cindy Crain to
Chairman Brenda Carey re: Museum
operations.
25. Letter dated May 16, 2008 from Charlotte Smith
to Chairman Brenda Carey re: Museum
operations.
26. Parks and Recreation Contracts for Services,
as shown on page _______, for the following:
Gerald Ransom; Delma Rosa; Randy Stephens; Angel O. Marrero; John
Marzullo; Angel Clemente; and Richard-John Vazquez.
DISTRICT COMMISSIONERS’
REPORTS
Chairman
Carey discussed
The
Board gave consensus to schedule the
request for a public hearing at the June 10, BCC meeting. Chairman Carey said all the property owners
along the road will be notified immediately.
Upon
inquiry by Mr. McMillan whether this is to be a public hearing or not, Chairman
Carey said to follow the standard
procedure for renaming a road.
-------
Chairman
Carey said on Friday, May 30, she will attend the Congress of Regional Leaders
and stated if anyone has any issues to be brought up to let her know prior to
that date.
-------
Chairman
Carey said the city of
-------
Commissioner
McLean stated recently on May 8 he and Commissioner Dallari participated in a
ribbon cutting ceremony at the County landfill in Geneva marking the harmful
gas to energy plant program that Environmental Services was involved in. This was very impressive and is another
example of
-------
Commissioner
McLean stated he attended CALNO this month at the city of
-------
Commissioner
McLean advised he had the pleasure recently of presenting scholarship awards at
-------
Commissioner
McLean stated he also had the pleasure of speaking to the last three classes of
the gifted program at
-------
Commissioner
Van Der Weide stated he attended the Bear Lake Preservation Association Board
meeting last week and they had some issues to talk to him about. He said the County staff has been working
with the residents for some time relative to their drainage and clear water,
and they have to congratulate the people because they have been monitoring the
lake for as long as he can remember.
That is probably the cleanest lake in
Chairman
Carey said as part of the Land Development Code, one of the things that’s
changed in the EAR amendments is the ability to landscape down close to the
waterways.
Commissioner
Van Der Weide stated the residents are saying the fertilizer runs off from the
grass also into the lake.
-------
Commissioner
Van Der Weide stated he also attended the Florida Zoo Board meeting and they
are very well aware of and appreciate their share of the tourist tax money and
are hoping to continue to be a recipient of that.
-------
Commissioner
Dallari asked Ms. Coto about the jail expansion that was approved about three
years ago. He asked for the status on
that and when can they anticipate breaking ground. He said in today’s market, it would be
advantageous to try to get that done as soon as possible while there is a
downturn in the economy, instead of waiting until there is an upturn in the economy.
Ms.
Coto advised the GMP (guaranteed maximum price) will be presented to the Board
on June 10, 2008 (the next meeting).
-------
Commissioner
Dallari asked if Ms. Coto will still be able to provide the Board with a list
of the unfunded mandates.
Ms.
Coto said she believes staff is still working on the list and more items
continue to be added. Staff wants to be
sure they have accurate information.
Mr. McMillan noted that staff will have to add
the VAB from this week.
-------
Commissioner
Dallari said in going through the budget information held earlier this month,
he noticed they talked about boat ramps and passive parks. He knows they are building a boat ramp on
Chairman
Carey said she recalls this was part of a stormwater retention project that the
boat ramp was attached to. She said
there has never been public access to
Commissioner
Henley asked if that is being built out of funds that are designated by the
State for that purpose.
Ms.
Coto said if this is the Board’s desire, she would have to go to the St. Johns
River Water Management District and ask to be released from that commitment and
insure that funding for the stormwater portion was still in tact. Discussion ensued.
Commissioner
Dallari said the boat ramp would not be General Fund dollars, but the
maintenance for the passive park would be.
Ms.
Coto said there is not an exact dollar amount budgeted for that. Once it was constructed, it would be one of
the sites to be added to the ongoing maintenance program, as it is not
currently in the budget.
Upon
inquiry by Commissioner Henley as to what the Board is trying to prevent,
Commissioner Dallari said he is trying to prevent the increase in funds from
the general budget.
Commissioner
Henley said he would like to see what the figure is to be able to determine if
the value to the citizens is greater than the amount of money to maintain the
park.
Ms.
Coto explained that this would be an additional site to maintain. She can’t tell the Board a dollar
figure. She said she told Mr. Abel that
if this is built, he would have to absorb the cost.
Chairman
Carey asked if the Board’s consensus is to have staff officially request from
the St. Johns River Water Management District the removal of the boat ramp to
see what that will do to the funding.
She explained this site was the Tennyson property acquired for a
stormwater pond, and the public purpose was not a boat ramp.
Commissioner
Henley noted this is not a private lake.
Commissioner
Dallari said he wants staff to provide the cost of what it would take to
maintain it.
Commissioner
Van Der Weide commented about the lakes in the County and whether they are
private or not. He stated there are a
lot of private lakes and the County is not doing a lot with any of them. He said, frankly, the lakefront owners would
be “up in arms” if the lakes were opened up to the public.
Chairman
Carey stated that because this lake is on the St. Johns River Water Management
District’s permit, she thinks the first thing they need to do is confirm that
the Water Management District will give the County the funding if they take the
boat ramp out.
Commissioner
Henley said he thinks the vote to remove the boat ramp should be a separate
question. He said he has lived on a lake
for 34 years and he is familiar with how landowners feel, but the lake he lived
on also had public access and the homeowners association does not have the
right to prevent anyone else from coming to it except coming onto private
property. If there is a public access,
he doesn’t want to be a party to closing it down, because of someone who owns
property on the lake doesn’t want it to happen.
If the request is to remove the boat ramp and not make a decision at
this point to not build a boat ramp until they get information about what they
anticipate the cost would be, that would be two separate things to him.
Commissioner
Dallari said that would be his interpretation; that it’s two separate issues.
The
consensus of the Board was to ask
the St. Johns River Water Management District if they will continue to fund the
project if the boat ramp is removed.
Whereupon,
Chairman Carey directed staff to request from
Gary
Johnson, Public Works Director, addressed the Board to state that absent the
boat ramp and road to the parking area, there would be more land available to
be devoted to the stormwater purpose of water quality and quantity
treatment. He further advised
Commissioner Henley that there is sufficient area for stormwater if the Board
decides to go with the boat ramp.
Chairman
Carey reiterated step one is to make the formal request and asked if Mr. Coto
would report back with all of the construction cost for everything it would take
to do that--for the boat ramp and for the additional stormwater.
Mr.
Johnson said he recollects from the initial conversation with the St. Johns
District that their view of how that would occur would be an amended agreement
would be forwarded to them from
-------
Commissioner
Henley reported that he had a private meeting with Tawny Olore on commuter rail
and she also indicated that they are moving along as if nothing happened
because the Legislature did approve the funds.
They are moving to continue to complete their previous efforts and to
get the study back that was required by the Federal Transit Association
regarding the route, particularly around the
-------
Commissioner
Henley stated he has received several inquiries from people who are very
concerned about the fact the Legislature did not approve the provision dealing
with sovereign immunity in the insurance aspect. They want to know what’s going to happen
now. He said he thinks it’s important
for the public to understand that the County, all the partners, FDOT, and the
FEDS are still committed. They’re
looking forward to proceed as if nothing has occurred.
COUNTY
MANAGER’S REPORT, Continued
Ms.
Coto stated Congressman Feeney’s office contacted her this week and when she
and the Chairman met with some of the staff members, they indicated the desire
to come look at some of the County’s funding requests. His office has requested she try to make some
arrangements for May 27. Ms. O’Bryan has
been coordinating that. The primary
interests he’s looking at are the airport and SR46.
Chairman
Carey asked that Ms. O’Bryan coordinate that with her because she notified Mr.
Dale that Senator Nelson would probably look for some type of tour. Ms. Coto advised that she was told a ground
tour is preferred by Congressman Feeney.
COUNTY
ATTORNEY’S REPORT, Continued
Mr.
McMillan stated as he e-mailed the Commissioners, and they probably read in the
newspaper regarding the last Board meeting when the Board authorized a public
hearing on the reduction of Commissioners’ salary issue, upon researching it,
he found the Commissioners cannot lower their own salaries by ordinance.
Commissioner
Henley stated he thinks it is appropriate to rescind that previous motion.
Motion by Commissioner Henley, seconded
by Commissioner McLean, to rescind
the motion of May 6, 2008, to authorize staff to advertise a public hearing
regarding the reduction of salaries for the
Under
discussion, Commissioner Van Der Weide stated he is not going to be against
this motion, but he is not going to vote for it. He said he will continue to make his
commitment to a pay cut and he will contribute it to charity.
Chairman
Carey said it will be up to each Commissioner to do what they want to do, and
she doesn’t expect the Commissioners to address that this afternoon.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Van Der Weide voted NAY.
ITEMS
FOR FUTURE AGENDA - CITIZENS
Don
Epps,
Cecil
Tucker,
Chairman
Carey thanked Mr. Tucker and Mr. Epps for their comments and said the Board
understands about how strongly they feel about the
Speaker
Request Form for Mr. Epps was received and filed.
-------
Robert
King, 2211 Black Hammock, addressed the Board to state he has nothing new to
report about the noise and nuisance enforcement. Since he has not heard from anybody at all,
he feels it’s important to remind everyone that the noise problem continues to
occur at his house. He said he still
wants to meet with the local office of the Sheriff to work out the procedure
and expectations of the noise complaints.
He’s still at the next step where he was five or six weeks ago. He’s here today to remind the Board that time
is passing by and he’s still where he was.
Chairman
Carey stated she is sure the Sheriff’s Office is doing what they can to get the
meeting with Mr. King scheduled.
Speaker
Request Form for Mr. King was received and filed.
-------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:50 p.m., this same date.
ATTEST:______________________ Clerk_____________________Chairman
slm/cc