BOARD OF
JUNE 12, 2007
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, June
12, 2007, in the SEMINOLE COUNTY
SERVICES BUILDING at
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 Sandy McCann
Pastor Jody McKewen, 1st Presbyterian
Church,
Commissioner Dick Van Der Weide led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Dan O’Keefe, CPA, addressed the Board to present the Comprehensive Annual Financial Report for fiscal year ending September 30, 2006 (received & filed). He gave a PowerPoint presentation (copy received & filed) and discussed the following: Audit Scope; Reports Issued; Statement of Net Assets; Statement of Activities; Fund Statements; Notes to Financial Statements; Budgetary Comparisons; Combining & Individual Fund Statements; Statistical Section; and Compliance Section. He advised that there will be twelve new auditing standards implemented next year and a requirement for
a Post Employment Benefits (OPEDB) statement. The OPEDB Statement will be an enormous statement within the top-level financial statements with a liability in the millions.
Commissioner Carey stated she asked staff a couple of years ago for an actuary study; and questioned if that has been worked on. Whereupon, Ms. Coto advised Director of Fiscal Services, Lisa Spriggs, has been working on that.
Commissioner Carey requested that study come back to the Board.
Commissioner Van Der Weide suggested the Board consider hiring an auditing firm to assist in analyzing what the State is going to be implementing with regard to property tax reform. He said he believes an outside professional opinion might be beneficial.
Commissioner McLean stated he feels confident that County staff is giving the Board excellent information and believes Fiscal Services can continue to do this in-house.
Commissioner Van Der Weide said he is not that trusting and believes it would not hurt to get a second professional opinion.
The Board thanked Mr. O’Keefe for his presentation.
Commissioner Dallari stated that with regard to Item #4, PS-1666-07, Final Design Services for SR 426/CR 419, he wants to make sure the design is subject to the PD&E being approved.
Commissioner Dallari stated that with regard to Item #6, RFP-600134-07, Medical Director Services, he notices that malpractice insurance is included in this contract when it was not included in the previous contract; and he questioned why that is the case.
Ms. Coto advised she believes it is the responsible thing to do.
Commissioner Carey questioned if the County’s paramedics have malpractice insurance. Whereupon, Director of Public Safety, Tad Stone, addressed the Board to advise they do not carry malpractice insurance.
Commissioner Carey commented that some doctors do not have malpractice insurance.
Ms. Coto stated this is a $30,000 expenditure that she believes provides an extra blanket of protection. She added that Dr. Husty does not practice medicine and, therefore, does not have that coverage.
Dr. Todd Husty, Medical Director, addressed the Board to state this is a gray issue. He explained that previously the medical director was an agent of the County. He said that he suggested three different ways of doing this and believes all of them have “holes”. He added that he would be agreeable to whichever one the Board chooses.
Commissioner Dallari expressed his appreciation to Dr. Husty for what he has done for the EMS Division.
Upon inquiry by Commissioner Carey, Dr. Husty advised that mostly he just rides along on calls and observes, but every now and then he feels the need to jump in and assist with the patient.
Upon inquiry by Commissioner Carey, Attorney McMillan advised they will add a convenience clause for termination in Section 2b of the proposed agreement. He clarified that immediate termination would be for cause and a 30-day notice would be given for no cause.
Ms. Coto advised that Fire Chief Raw has informed her that the County did require malpractice insurance five or six years ago and then it was changed to the “agency” requirement.
Under a brief discussion of Item #7, IFB-600172-07, Courier Services, Ray Hooper, Purchasing Manager, addressed the Board to advise he will make sure that Absolute Sparkle Courier’s occupational license indicates that they are operating a courier service.
Under Item #9, Assignment of Mortgage for SHIP/HOME Mortgage, Commissioner Carey requested that the Board consider allowing SHIP/HOME recipients, who are trying to refinance their homes, to buy out their first mortgage. She also suggested that staff pursue foreclosures of SHIP/HOME homes in order to protect the County’s investment.
Ms. Coto stated she will meet with Dr. Medley and bring back some recommendations for the Board’s review.
Clerk of Circuit Court,
Motion by Commissioner Dallari, seconded by Commissioner McLean to approve and authorize the following:
Administrative Services
Purchasing and Contracts
2. Award
CC-1949-07/LKR and authorize the Chairman to execute the Agreement, as shown on
page _______, in the amount of $105,000.00 to Florida Industrial Scale Co.,
Inc. of Longwood for all labor, materials, equipment, transportation,
coordination and incidentals necessary for the construction of three scale
automation stations on the two existing inbound scales and the one existing
outbound scale at the Central Transfer Station.
3. Approve
Amendment #4, as shown on page _______, for RFP-4227-04/GMG - Vending Agreement
for Snacks, Drinks, Hot/Cold Food Vending Services for
4. Approve
the ranking list and authorize rate negotiations for PS-1666-07/BLH - Final design services with
Inwood Consulting Engineers of Oviedo, FL for State Road 426/County Road 419
Widening (Not to Exceed $1,800,000.00 over the term of nine years).
Purchasing and Contracts
5. Approve
and authorize the Chairman to execute Work Order #72, as shown on page _______,
to PS-5165-04/AJR Master Agreement for Continuing Professional Services in the
amount of $128,431.70 to HDR Engineering, Inc. of
6. Award
RFP-600134-07/TLR – Seminole County Medical Director Services to Todd M. Husty,
DO, PA, Oviedo, at an annual rate not to exceed $240,630.00, and
authorize the Chairman to execute the Agreement, as amended, as shown on page
_______.
7. Award
IFB-600172-07/TLR Agreement, as shown on page _______, Courier Services to
Absolute Sparkle Courier Services, Chuluota (Not to exceed $55,178.24 for the
first year; $57,458.25 for the second year; and $59,056.32 for the third year).
Support Services
8. Approve
and authorize the Chairman to execute the Mutual Release and Cancellation of
Lease, as shown on page _______, between Seminole Community College EMS/Fire
Rescue Training Center and
Community Services
Community Assistance
9. Approve
and authorize the Chairman to execute the Assignment of Mortgage, as shown on
page _______, in consideration of receipt of $7,500, regarding the SHIP/HOME
affordable housing mortgage referenced therein, which is presently in
protracted foreclosure litigation (Seminole County Government vs. Satyra
Pitts-Williams et al, Case #06-CC-1328-20-S).
10. Approve and authorize the Chairman to execute
the First Amendment, as shown on page _______, to the Seminole
County/Corinthian Builders, Inc. SHIP Program Developer Agreement for Program
Year 2005-2006 which extends the completion date to July 31, 2007.
Environmental Services
Planning Engineering Inspections
11. Approve and authorize the Chairman to execute the Exhibit G, as shown on page _______, to the Conditional Utility Agreement for Water Service with KMT Development for the extension of the off-site Reclaimed Water facility and the oversizing of the Water Main within the Long Pond subdivision.
Fiscal
Services
Administration
12. Approve and authorize the Chairman to execute
the Memorandum of Understanding, as shown on page _______, between the Florida
Division of Fire Marshal and Seminole County in acceptance of $38,412 allocated
under the 2006/07 Florida Domestic Preparedness - WMD/HazMat Response Grant
Program.
13. Approve to submit on-going grant applications
to the Workforce Central Florida Grant Program for paramedic training of up to
$50,000 and authorize the
14. Approve and authorize the Chairman to execute
the appropriate Resolution #2007-R-109, as shown on page _______, designating
Orange County Industrial Development Authority as the authorized representative
to hold a public hearing on behalf of Seminole County in connection with the
Health and Educational Facilities Authority of the State of Missouri's issuance
of Educational Facilities Revenue Bonds of up to $35,975,000.
15. Approve to submit a grant application to the Kodak
American Greenways Program requesting $2,500 for construction of a viewing
platform at the Lake Harney Wilderness Area, and authorize the
Budget
16. Approve and authorize the Chairman to execute
appropriate Resolution #2007-R-110, as shown on page _______, implementing
Budget Amendment Request #07-65 in the amount of $38,412 to the Public Safety
Federal Grants Fund to recognize proceeds from the Federal Department of
Homeland Security grant.
17. Approve and authorize the Chairman to execute
appropriate Resolution #2007-R-111, as shown on page _______, implementing
Budget Amendment Request #07-69 to the Stormwater Fund in the amount of
$275,000 to fund the Chuluota Sidewalk Connection project.
18. Approve and authorize the Chairman to execute
Budget Change Request #07-17 to the 2001 Infrastructure Sales Tax Fund in the
amount of $595,000 to provide additional funding for three arterial/collector
roadway projects (
19. Approve and authorize the Chairman to execute
appropriate Budget Change Request #07-18 to the General Fund in the amount of
$87,586 to allocate anticipated insurance proceeds for the replacement of
equipment and supplies that were damaged or destroyed as a result of the fire
at the Animal Services Facility on February 8, 2007.
Planning and Development
Development Review
20. Authorize the release of the Mills Cove
Subdivision (aka Hilltop Subdivision Phase II) Maintenance Agreement and Irrevocable
Letter of Credit #158, for road improvements.
21. Approve and authorize the Chairman to execute
the Final Plat for Tusca Place North Subdivision located on the southeastern
corner of Brisson & Celery Ave. in Section 32, Township 19 South, Range 31
East.
Planning
22. Authorize and approve the request by Pollo
Tropical Inc., applicant for a Special Event permit, for a grand opening event
at 8301 Red Bug Lake Road to be held on June 22, 2007 and June 23, 2007
according to the following schedule: June 22, 2007: 4 PM – 9 PM, festival; June
22, 2007 5 PM – 8 PM, free concert; June 23, 2007 12 PM – 8 PM, festival; June
23, 2007: 5 PM – 8 PM, free concert.
Public Safety
Emergency Management
23. Approve and authorize the Chairman to execute
Amendment No. 6, as shown on page _______, terminating the State of
Public Works
Engineering
24. Adopt and authorize the Chairman to execute appropriate
Resolution #2007-R-113, as shown on page _______, accepting a Quit Claim Deed,
as shown on page _______, from Swanlea, Inc., a Florida Corporation, to
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ REPORTS
Motion by Commissioner Carey, seconded by Commissioner McLean to approve and authorize the following:
Property Acquisition
25. Approve Settlement and Execute
Subordination Agreement, as shown on page _______, for Airport
Boulevard Phase II Subordination of Utility Interest Agreement (Parcel Number
108) between
26. Authorize Binding Written
Offers/Offers of Judgement - For Parcel Numbers 126, 700,
706, 711, 729B, 731B, 750, 751A/B, 752, 753A/B, 754, 755, 835A/B and 848
relating to the Lake Emma Road improvement project.
27. Barnett Property
- Approve and authorize execution of Purchase Agreement, as shown on page
_______, relating to Parcel Numbers 146/746/846 of the County Road 15 (
28. BJ’s Wholesale Club, Inc.
Property - Approve and authorize execution of Purchase Agreement,
as shown on page _______, relating to Parcel Numbers 145A/145B/745 of the
County Road 15 (Monroe Road) improvement project, located at 450 Monroe Road,
Sanford, Florida, for $88,000.00 with no fees or expenses incurred by the
property owner.
Constitutional Officers
Clerk's Office
29. Approve Expenditure Lists, as shown on page
_______, dated May 7, 14 & 21, 2007; approve Payroll Lists, as
shown on page ________, dated May 6 & 17, 2007; authorize the Chairman to
execute Satisfaction of Lien, as shown on page _______, for Cost of Prosecution
for Marcos Antonio Cruz; and approve BCC Minutes dated May 8, 2007.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received and filed”:
1. Certified
Tennis Pro Agreement, as shown on page _______, for Lauren Wolken.
2. Litigation
Consultant Services Agreement, as shown on page _______, for Gerson, Preston,
Robinson & Company, P.A.
3. Title
Opinion, as shown on page _______, for Bella Vista Subdivision.
4. Maintenance
Agreement and Letter of Credit, as shown on page _______, in the amount of
$9,100 for the project known as Seminole Safe House.
5. Community
Service Agreement, as shown on page _______, for Community Based Care of
Seminole, Inc. approved by the BCC on October 24, 2006.
6. Certified
Tennis Pro Agreement, as shown on page _______, for Brandon Pike.
7. Non-certified
Tennis Pro Agreements, as shown on page _______, for the following: Timothy James Walsh; Alinda Lingle Buerk; and
Scott Michael Runda.
8. Memorandum
from Aqua America, Inc. to Clerk of Court, re:
Application for increase in water & wastewater rates in Alachua,
Brevard, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk, Putnam,
Seminole, Sumter, Volusia, and Washington Counties, filed with the Florida
Public Service Commission.
9. Interlocal
Agreement, as shown on page _______, with the
10. Memorandum to Liz Parkhurst, Planning &
Development, from Sandy McCann, Commission Records, re: outstanding P&D Documents.
11. Memorandum to Cindy Coto,
12. Title Opinion, as shown on page ________, for
Banyan Pointe Subdivision.
13. Performance Bond #B98815017259, as shown on
page _______, in the amount of $138,787.01 for the project known as Banyan
Pointe.
14. Addendum to Memorandum to Liz Parkhurst,
Planning & Development, from Sandy McCann, Commission Records, re: P&D Documents.
15. Development Order #07-50000007, as shown on
page ________, Cliff & Lisa Ingair Guest House.
16. Customer Agreement, as shown on page _______,
for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and
Spray Easement - Burk, Hogue & Mills Office Complex.
17. Customer Agreement, as shown on page ________,
for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and
Spray Easement - The Rock of Central Florida.
18. Bill of Sale, as shown on page _______,
accepting water system for the project known as
19. Bill of Sale, as shown on page _______,
accepting water system for the project known as The Rock of Central Florida.
20. Satisfactions of Connection Fees, as shown on
page _______, for the projects known as Clayton Crossing Townhomes and Bear
Lake Shoppes.
21. Customer Agreements, as shown on page _______,
for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and
Spray Easement for the following:
Northpointe Officenter Lot 2 and Seminole Community College-Heathrow
Branch.
22. Conditional Utility Agreements, as shown on
page _______, for water and sewer service with Goodwill Industries of Central
Florida, Inc., for the project known as Lot 3 Sunshadow Commercial Subdivision.
23. Conditional Utility Agreements, as shown on
page _______, for Potable and Reclaimed Water and Sewer Service with Swanlea,
Inc., for the project known as
24. Conditional Utility Agreements, as shown on
page ________, for water and sewer service with Pinecrest Development, Inc. for
the project known as The Colony @ Chase Groves.
25. Bill of Sale, as shown on page _______,
accepting off-site water and sewer system for the project known as Safe House
of Seminole County.
26. Letter of Credit #319921, as shown on page
_______, in the amount of $1,634,618.70 for
27. Notices of applications to amend water
certificates from Utilities, Inc. for the following:
28. Memorandum, as shown on page _______, to Ann
Colby, Assistant County Attorney, from David Shields, Assistant County
Attorney, requesting Basic Service Agreement for Parcel Nos. 112/712, CR 15 (
29. Work Order #4, as shown on page _______, to
PS-1529-06.
30. Work Orders #24, #25, #26 & #27, as shown
on page _______, to PS-5174-04.
31. CC-1907-07 Agreement, as shown on page
_______, for Twin Pines/Baker Avenue Improvements,
32. Work Order #17, as shown on page _______, to
CC-1188-02.
33. Work Order #15, as shown on page _______, to
PS-0381-06.
34. First Amendment, as shown on page _______, to
RFP-0225-05.
35. Work Order #4, as shown on page _______, to
RFP-4196-03.
36. Amendment #1, as shown on page _______, to
Work Order #10 to PS-5144-03.
37. Work Order #8, as shown on page _______, to
RFP-0778-06.
38. Work Order #5, as shown on page _______, to
M-485-05.
39. Work Order #71, as shown on page _______, to
PS-5165-04.
40. Work Order #7, as shown on page _______, to
CC-1075-06.
41. Amendment #1, as shown on page _______, to
Work Order #11 to PS-0381-06.
42. Change Order #1, as shown on page _______, to
CC-1422-06.
43. M-2094-07 Basic Contract, as shown on page
_______, Urban Dynamics Corporation.
44. Work Order #3, as shown on page _______, to
PS-0977-06.
45. Work Order #15, as shown on page _______, to
PS-5175-04.
46. Amendment #1, as shown on page ________, to Work
Order #40 to PS-5165-04.
47. Work Order #3, as shown on page _______, to
PS-5189-05.
48. Change Order #1, as shown on page _______, to
Work Order #3 to CC-0023-05.
49. Amendment #1, as shown on page _______, to
Work Order #14 to PS-5175-04.
50. Certificate of Completion, as shown on page
_______, for Work Order #51 to CC-1262-05.
51. Certificate of Completion, as shown on page
_______, for Work Order #17 to CC-1262-05.
52. Work Order #5, as shown on page ________, to
PS-5169-04.
53. Change Order #1, as shown on page _______, to
CC-1449-06.
54. Amendment #3, as shown on page _______, to
RFP-4147-02.
55. Work Order #35, as shown on page _______, to
CC-1267-05.
56. Work Order #8, as shown on page _______, to
CC-1075-06.
57. Work Order #5, as shown on page ________, to
CC-1075-06.
58. Maintenance Bond #17-25-28, as shown on page
_______, in the amount of $4,531.28 for the project known as Alaqua Lakes Phase
8.
59. Work Order #46, as shown on page _______, to
PS-5120-02.
60. Amendment #2, as shown on page _______, to
RFP-600094-06.
61. RFP-600171-07 Contract, as shown on page
_______, for County-wide Landscape Installation, Concepts in Greenery, Inc.
62. RFP-600171-07 Contract, as shown on page
_______, for County-wide Landscape Installation, Cato Environmental Services,
Inc.
63. Certificate of Completion, as shown on page
_______, for CC-1221-03, APAC-Southeast, Inc.
64. Amendment #3, as shown on page _______, to
RFP-4152-02.
65. Work Order #47, as shown on page _______, to
PS-5120-02.
66. Executive Order #2, as shown on page _______,
declaring Local State of Emergency re:
current wildfires in or near
67. Work Order #18, as shown on page _______, to
PS-566-00.
68. Planning Funding Agreement, as shown on page
_______, for 800 Mhz Rebanding Consulting Engineering and Project Management,
Televate, LLC.
69. Jobs Growth Incentive Program Agreement, as
shown on page _______, with Dynafire, Inc. as approved by the BCC on March 14,
2006.
70. Lawyers Title Insurance Corp. Policy #A81-0266847,
Corporate Warranty Deed, a Temporary
Construction Easement, and Amended Notice of Commencement, as shown on page
_______, for CR 15 (Monroe Road) Parcel Nos. 121/721A/721B, Vantage Pointe
Properties.
71. Lawyers Title Insurance Corp. Policy #A81-0266846
and General Warranty Deed, as shown on page _______, for CR 15 (
72. Planning Funding Agreement, as shown on page
_______, for 800 Mhz Rebanding Reconfiguration, Nextel Operations, Inc.
73. Bids as follows: IFB-600172-07; CC-1996-07; RFQ-600177-07;
RFP-600192-07; PS-2084-07; and CC-2009-07.
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Attorney
McMillan advised the District Court has dismissed with prejudice the case of Alan
Wayne Davis v. Dwayne Kvalheim, et al, determining that this was a
frivolous and abusive filing.
REGULAR
AGENDA
Meloney
Lung, Support Services, addressed the Board to request direction with regard to
moving forward on the maintenance and ownership of platted parks that have been
identified for perpetual use by the public on a plat accepted by the BCC. She advised of one particular piece of
property located on
Commissioner
Carey stated they have had major problems with the property on
Upon
inquiry by Commissioner Dallari, County Attorney McMillan advised he would only
recommend pursuing one of the properties at first because there is a whole host
of issues that could arise.
Chairman
Henley stated at this time he would be hesitant to commit to say the property
will be used for affordable housing because he does not believe the County has
enough parks or green space for enjoyment.
However, he would agree with using the property as a test case.
Commissioner
Van Der Weide agreed to move forward to determine the ownership of the property
and then the staff can analyze all the options.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to direct staff to pursue the title search and whatever
is necessary to resolve the ownership issue with property consisting of 2.8
acres located on
Districts
1, 2, 3, 4 and 5 voted AYE.
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Sabrina
O’Bryan, Economic Development, addressed the Board to request direction on a
Jobs Growth Incentive & Business Retention Project with Invacare Florida
Corporation. She advised the city of
Commissioner
McLean stated Invacare has done a great job and he is excited about the
expansion.
Motion by Commissioner Carey, seconded
by Commissioner McLean to authorize the Chairman to execute a Jobs Growth
Incentive Agreement, as shown on page _______, with Invacare Florida
Corporation in the amount of $112,500; and approve and authorize the Chairman
to execute Interlocal Agreement, as shown on page _______, with the city of
Districts
1, 2, 3, 4 and 5 voted AYE.
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Solid
Waste Manager, David Gregory, addressed the Board to present request to
determine that specific companies do not meet the criteria for the issuance of
Certificates of Public Convenience and Necessity for waste collection because
the firms have not complied with the insurance requirements of the
Upon
inquiry by Commissioner Carey,
Mr.
Gregory advised staff is asking approval from the Board to take the necessary
steps to revise the insurance requirement statement to say the County will
verify compliance with Chapter 235.
Motion by Commissioner Carey, seconded
by Commissioner McLean to determine that the following applicants do not meet
the criteria for the issuance of Certificates of Public Convenience and
Necessity for waste collection because the firms have not complied with the insurance
requirements of Seminole County Code Section 235.52: ACME Recycling Industries, LLC; Advance Waste
Services, LLC; Johnson & Johnson Roll Off Specialties, Inc.; RMD Americas
of Florida, LLC; Safety-Kleen; USA Services of Florida, Inc.; and Weeks & Weeks
Waste Service, Inc., dba Maddox Waste Services; and to direct staff to take the
necessary steps in revising certain insurance requirements in Section 235.5 of
the Seminole County Code, as recommended by staff.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Henley requested permission from the Board to do a mass mail-out to the
residents of Longwood responding to the City of
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to authorize Chairman Henley to do a
mail-out to the residents of Longwood to set the record straight with regard to
the information the City sent to their residents.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley requested Board authorization to schedule public hearings to consider
two Charter Amendments regarding the Commissioners’ salaries and disclosure of
ownership. Copies of proposed ordinances
were received and filed.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to authorize scheduling public hearings to consider
Amendments to the Seminole County Charter regarding
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Henley stated he believes this annexation should be challenged.
Attorney
McMillan said that if the Board wants to challenge the annexation, he would
like to have one of his attorneys also attend the City’s meeting and have a
court reporter present.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to direct staff to challenge the proposed
annexation of Anchor Road Business Center by the City of Casselberry at their
meeting on June 25, 2007; thereby, keeping the County’s options open.
Under
discussion and upon inquiry by Commissioner McLean, Attorney McMillan advised
it is best to have a court reporter make a record of the meeting.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recessed the meeting at 11:40 a.m., reconvening at 1:35 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Sandy
McCann, 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 Carey to authorize the filing of the proofs of
publication for this meeting’s scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
WATER
CONSERVATION ORDINANCE (Continued)
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to enact an Ordinance amending Part 5, Chapter 270 of the
Seminole County Code entitled “Emergency Water Conservation Ordinance”, and
rescind the Emergency Water Shortage Resolution #2001-R-13, received and filed.
David
Gregory, Environmental Services, addressed the Board to state the proposed
ordinance was initiated in response to the changes of the St. Johns River Water
Management District water conservation rules.
He stated the ordinance identifies two specific days when residents and
businesses can irrigate landscape. The
ordinance allows for certain exemptions such as drip irrigation and it allows
for variances to be granted by the Environmental Services Director. The ordinance also includes enforcement
provisions that make violations of the ordinance a Class I code violation.
Debbie
Meinert, Water & Sewer Division, addressed the Board to inform Commissioner
Carey what cities have or are in the process of adopting the same ordinance.
Robert
McMillan,
Ms.
Meinert explained to Commissioner Carey the standard operating procedure in
educating the residents.
Commissioner
Carey stated she feels the County’s landscape requirements need to be looked
at. She stated staff needs to make sure
that they contact the cities about the medians as people see the medians being
watered during the day, and that is a problem.
Ms.
Meinert stated staff will contact the cities if they are violating the
ordinance. She stated reclaimed water is
not exempted from this.
No
one spoke in support or in opposition.
Motion by Commissioner McLean, seconded
by Commissioner Dallari to enact Ordinance #2007-18, as shown on page ________,
amending Part 5, Chapter 270 of the Seminole County Code entitled “Emergency
Water Conservation Ordinance”, and adopt appropriate Resolution #2007-R-116, as
shown on page ________, rescinding Emergency Water Shortage Resolution
#2001-R-13, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
DISPOSITION OF
FOR
AFFORDABLE HOUSING
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to adopt a Resolution approving an available property
inventory list appropriate for use as affordable housing pursuant to F.S.
125.379, received and filed.
Meloney
Lung, Support Services, addressed the Board to state Florida Statute 125.379
requires that each county prepare an inventory list of all real property within
its jurisdiction which the County holds fee simple title that is appropriate
for use as affordable housing. This list
must be updated every three years. Staff
presented a list to Community Assistance and they developed some preliminary
assessments and came up with four properties.
Three properties were purchased by Environmental Services and the fourth
was donated from a tax deed. She stated
she would like the Board to approve the list today and when Community
Assistance decides how they will move forward with the affordable housing
process, staff will come back to the Board to determine whether or not they
would like to reimburse those funds.
When this comes back, staff can bring back the appraised value and
assessed value, then the Board can make a decision of what to do with the
property. Staff recommends approval of
the request.
Upon
inquiry by Commissioner Dallari, Ms. Lung advised the
Ms.
Lung informed Commissioner McLean that staff can come back to amend the list at
any time.
Commissioner
Carey stated she would like for staff to try to work with community
organizations, such as Habitat for Humanity.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to adopt appropriate Resolution #2007-R-114, as
shown on page _________, approving an available property inventory list
appropriate for use as affordable housing pursuant to F.S. 125.379, as
described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE
& ABANDONMENT/Forest Creek, Inc.
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to vacate and abandon a drainage easement, as recorded in O.R.
Book 1050, Page 564 of the public records of
Brian
Walker, Development Review, addressed the Board to state the applicant is
requesting to vacate a 25 ft. wide drainage easement that runs south at a 90
degree angle. Staff has determined that
the easement is no longer needed or used.
New piping installed with the development of Bella Vista Subdivision
carries water that was once conveyed by this easement. An easement over the piping and dedicated to
Arley
Trent,
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt appropriate Resolution #2007-R-115, as
shown on page _________, vacating and abandoning a 25 foot drainage easement
that funs south at a 90 degree angle from the centerline of Sand Lake Road for
a distance of 300 feet, as recorded in O.R. Book 1050, Page 564 of the public
records of Seminole County, in Section 08, Township 21 S, Range 29 E, as
described in the proof of publication, Forest Creek, Inc.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/Frank
Joyce
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone 1.09+ acres located on the north side of
Austin
Watkins, Planning, addressed the Board to state the applicant is requesting to
rezone to R-1B, Single Family Dwelling District. The Future Land Use designation of the
subject property is High Density Residential and allows the requested zoning
district. The applicant is proposing to
construct five single-family homes.
Staff has received one letter of support. Staff recommends approval of the request.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to adopt Ordinance #2007-19, as shown on page
_________, approving rezoning 1.09+ acres located on the north side of Fifth
Street, approximately 300 ft. west of the intersection of CR 419 and Fifth
Street, from R-3 (Multiple-Family Dwelling) to R-1B (Single-Family Dwelling),
as described in the proof of publication, Frank Joyce, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
SECOND
AMENDMENT/HIBC
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to approve Second Amendment to the Third Amended and Restated
Development of Regional Impact (DRI) Development Order for the Heathrow
International Business Center with findings that the amendment is not a
substantial deviation to the DRI; approval of the Second Amendment to the Third
Amended and Restated Commitments, Classification and District Description for
the Heathrow International Business Center Planned Unit Development for 188+/-
acres, located on the south side of CR 46A, approximately bounded by I-4,
Banana Lake Road and Lake Mary Blvd., Shutts & Bowen, LLP, received and
filed.
Ian
Sikonia, Planning, addressed the Board to state the subject property consists
of 188 acres in the DRI and 159 acres in the PUD. The City of Lake Mary annexed 46.3+/- acres
of HIBC PUD that included Tracts O, P, and a portion of Tract N of the
PUD. These parcels were part of the
agreement with
Robin
Drage, Shutts & Bowen, addressed the Board to commend Mr. Sikonia and Tony
Matthews for their diligent work on the DRI.
She stated she concurs with staff recommendations.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to approve Second Amendment to the Third Amended and
Restated Development of Regional Impact (DRI) Development Order, as shown on page
_________, for the Heathrow International Business Center with finding that the
amendment is not a substantial deviation to the DRI; and approval of the Second
Amendment to the Third Amended and Restated Commitments, Classification and
District Description, as shown on page _________, for the Heathrow
International Business Center Planned Unit Development for 188+/- acres,
located on the south side of CR 46A, approximately bounded by I-4, Banana Lake
Road and Lake Mary Blvd., as described in the proof of publication, Shutts
& Bowen, LLP, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
April
Boswell, Assistant County Manager, addressed the Board to submit a memorandum
(received and filed) along with a spreadsheet on the bills that the Governor
has signed.
Susan
Dietrich, Assistant County Attorney, addressed the Board to advise the items in
bold on the chart have been signed by the Governor. She referred to HB 746 and advised that this
bill provides additional workers’ compensation protection for first responders
and the Governor signed it on June 8.
She stated staff is analyzing the impacts of each department’s items and
they will provide that information to the Board in July.
Ms.
Dietrich reviewed for Commissioner Dallari what additional illnesses were added
to the Workers’ Compensation.
Ms.
Boswell informed the Board of what is happening in the Special Session. The House is holding a session from 3:00 p.m.
to 4:00 p.m., today and the House Policy and Budget Council is meeting until
6:00 p.m. She stated Lisa Spriggs and
David Johnson have analyzed the information contained in the June 8 letter (not
received & filed) and they have provided information on what the impacts
will be in
Upon
inquiry by Chairman Henley, Ms. Boswell advised she will notify Mr. Bobby
Brantley that the Board would like his office to read that into the Record.
Commissioner
Carey advised she has spoken to Representatives Hayes and Adams about this
issue and relayed that if the County had not taken
Lisa
Spriggs, Fiscal Services Director, addressed the Board to submit copies of an
analysis (received and filed) of how the proposed property tax relief form bill
will affect the General and Fire Funds.
She stated staff has recently received the bills and will be reviewing
them to see what is in the language. She
continued by covering the basics of what is being proposed now relating to
reductions in the General and Fire Fund Revenue and Property Tax Revenue.
Commissioner
Carey recommended that Mr. Brantley’s office read that information into the
Record during the session.
Ms.
Spriggs stated she inquired as to how many Public Safety MSTUs there were and
they did not have a handle on that. She
said she informed the Board by e-mail that the General Fund impact was about
$17.5 million and that was based on existing property increasing 5% this
year. She added that Mr. Johnson
anticipated an estimated rollback number of 4.2263 and that change is based on
what the current tax roll is. She
explained how the property tax reform works.
David
Johnson, Property Appraiser, addressed the Board to state the County will get
to keep new construction, which is about $1 billion, but when they get to a
more built-out situation, that new construction decreases.
Upon
inquiry by Chairman Henley, Mr. Johnson advised he has not calculated how much
the School Board’s increase is in the millage rate.
Ms.
Spriggs explained for Commissioner McLean the revenue growth compared to the
State average. She stated she can
forward to the Board the growth comparison for all 67 counties.
Commissioner
Carey stated the table that Ms. Spriggs submitted to the Board shows the per
capita levies in 2005/2006 for the counties and cities. She recommended forwarding this information
to the cities for them to review.
Mr.
Johnson stated he feels the hardest concept the public will grasp is a 7%
reduction will be seen in the revenue, but in reality that 7% translates into a
15% reduction of ad valorem revenue.
Upon
inquiry by Chairman Henley, Mr. Johnson stated about 75% of the people will end
up with a bigger benefit initially from the “supersize exemption”, but the
problem is there is no cap on future increases in value. They could end up paying more in the future
under the new system because of lack of increase in value. Discussion ensued.
Commissioner
Carey requested staff to run what it would mean if they had a 5% reduction in
the Fire Fund.
Ms.
Spriggs continued by reviewing what the impact would be if they move the
Constitutional Amendment the second year.
A supersized exemption of estimated taxable value impact and graphs of
parcel count by Just Value were received and filed.
Mr.
Johnson explained the parcel count by
Commissioner
Carey recommended that Mr. Johnson run a comparison if the Constitutional
Amendment passes versus “Save Our Homes”.
Ms.
Spriggs stated the low-income senior citizens will automatically receive a
minimum $50,000 exemption. Discussion
ensued.
Mr.
Johnson continued by reviewing the estimate on values if the property tax
reform is approved.
Upon
inquiry by Commissioner Dallari, Ms. Spriggs advised Dr. Fishkind has looked at
what this will do to the local economy.
Mr.
Johnson stated from a real estate market standpoint, if you put more certainty
back into the market, he believes an upward trend will be seen in the
market.
Upon
inquiry by Commissioner Carey, Mr. Johnson advised you would automatically be
in the supersized category if you sell your home and move to another home. The goal is to eventually do away with “Save
Our Homes”. Discussion ensued.
Ms.
Spriggs pointed out that the Constitutional Amendment will impact the school
revenue and staff is not sure how that will be supplemented.
Upon
inquiry by Chairman Henley, Ms. Boswell advised she believes the bill to limit
the local governments’ use of funds to educate the public did not pass, but she
will check into that.
Commissioner
Carey requested staff to keep the Board updated on this. She stated she will be attending the Florida
Association of Counties conference tomorrow, Thursday, and Friday, and the
Board needs to be kept informed of any major changes.
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Chairman
Henley recessed the meeting at 3:05 p.m., reconvening at 3:11 p.m.
CHAIRMAN’S
REPORT (Continued)
Deputy
County Attorney Guy Minter addressed the Board to submit a memo (received and
filed) relating to the
Commissioner
Carey stated she feels the attached schedules are clear as to when the school
is using the pool, but what is not clear is if it is recreational swimming or
lessons. She is looking for definitions
for adult exercise, lessons and recreational swim.
Upon
inquiry by Commissioner Carey, Commissioner McLean advised the interpretation
of recreational swimming means outside the venue of a team, group or club
setting. He stated he believes they can
tighten the verbiage so that everyone can understand what they are doing.
Chairman
Henley stated he would like to know where in the agreement does it stipulate
that the third party will pay a user fee.
Mr. Minter stated that is not
indicated in the agreement. Discussion
ensued.
Don
Fisher, Deputy County Manager, addressed the Board to state when staff met with
the School Board, the third-party agreement was going to cover many of these aspects. He stated staff can negotiate those
components, but he would like to know the specifics the Board is looking for in
terms of the schedule and fees.
Chairman
Henley stated he believes the concern is based upon past experiences with other
pools and the Board wants to make sure that this did not follow that. He stated he wants to be ensured that a
portion of the revenue collected by the third party has to be returned to the
Boosters Club.
Mr.
McMillan stated he recalls that the third party administrative contract was up
to the School Board and the Boosters and the County was not going to dictate
the terms of that. What the County was
going to do is control the hours and a certain amount of time would be available
to the public.
Commissioner
Dallari stated at the last meeting, the Board discussed whether or not the
public would have adequate use of the pool.
He stated he would like to see how many hours per year the public will
be using the pool. The other thing is
they are not actually nailing down the third-party agreement but a portion of
that will be given back to the Booster Club to pay back the loans. He said he feels the School Board should
receive a copy of this agreement as well.
Commissioner
Carey stated the School Board pays the third party operator and the third party
collects from people who are swimming.
She said she is not worried about that if the third party operator pays
a facility charge. She stated she has
major concerns that the third party will set fees to charge the public.
Mr.
Minter stated the third-party operator will not set the fee for the public.
Mr.
Fisher clarified that the Board would like to look at some type of payment
where the third-party operator makes some payment to the Boosters. He stated he feels staff can accomplish when
the pool will be available to the public.
The Board’s intent is that the fees paid by the public will be
reasonable. He said staff will bring
this information back at the next meeting.
Chairman
Henley stated he would like to see in the agreement with the City and School
Board that when the Sports Commission goes after a larger venue, the School
Board and the City will make the facilities available so they can be able to
attract a large venue.
Upon
inquiry by Commissioner McLean, Chairman Henley advised the intent was to have
similar verbiage as the other facilities.
Commissioner
Carey stated she feels that language needs to be placed in the agreement that
says if there is going to be an organized regional event, the facility will be
open.
Commissioner
Dallari stated he feels a 12-month notice should be placed in the agreement.
Commissioner
Van Der Weide stated he feels the definition of classifications needs to be
clear, and the cost to swim needs to be very reasonable.
Commissioner
Carey stated the one concern she has is this pool went from a 50 meter pool
($600,000) to a state-of-the-art facility and the language refers to two pools
($1.2 million). The agreement indicates
that the School Board has the final jurisdiction and they can modify the design
of the pool. She stated if this goes
back to one pool, she feels they need to modify what the contribution is.
Mr.
Fisher stated he recalls that the School Board could unilaterally reduce the
scope of the project down to the one large pool. He stated he would like clarification as to
whether there is a minimum of one or two pools.
Commissioner
McLean stated the goal was to do what they can do to have two pools.
Commissioner
Dallari stated he feels it is obvious that two pools are needed and the
reduction of the scope would be on the other facilities surrounding the pool.
Mr.
McMillan stated there is a provision in the agreement that says if there isn’t
going to be two pools; the County doesn’t have to provide funds. He read this provision into the Record.
Commissioner
Carey stated the other issue she has is a lot of park parcels have been
dedicated to the County and the stipulation was they had to be used as a
park. She stated she would like to see
how they got the
Upon
inquiry by Mr. Minter, Chairman Henley stated the thing the Board is concerned
about is providing a pool paid for by public dollars, to a private individual
running a personal business.
Commissioner
Carey stated George Kosmac of the School Board wanted to make sure that there
was a facilities charge in the agreement.
Mr.
Minter stated the third-party operator might be sponsoring a group activity and
he would be operating the entire facility for the benefit of the public and
group activity. The School Board will be
operating it during the school day, but the sole responsibility for the
operation and lifeguards is going to be under the control of the third-party
operator.
Commissioner
Carey recommended that staff look at the other agreements. Discussion ensued.
Mr.
McMillan stated the Board could provide a provision in the contract that the
County and City would have to approve the terms of any third party agreement
and that would have to come back to the Board.
Commissioner
Carey stated this is a design/build contract and staff has time to come up with
a concept of how they will operate and maintain this pool.
Chairman
Henley stated he feels it is important for them to concentrate on this document
and try to approve something the BCC, School Board, and City will accept.
Upon
inquiry by Mr. McMillan, Commissioner Carey advised she feels staff needs to
address the items discussed and distribute same to the BCC, School Board and
the City.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
McLean stated he would like to compliment Lisa Spriggs for discussing the Local
Option Gas Tax issue during the CALNO meeting last week.
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Commissioner
McLean stated the overpass bridge dedications at the
Commissioners
Dallari and Van Der Weide indicated that they are unable to attend the event as
they have prior commitments.
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Commissioner
McLean informed the Board of the
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Commissioner
McLean advised that some of the high schools will produce summer stock theatre
and Lake Mary High is doing “High School Musical” on Friday and Saturday, July
6 and 7, 2007. He added that his
daughter is playing the lead.
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Commissioner
Carey stated she attended the Wekiva Task Force Committee meeting and they have
not written any rules for septic tanks.
She stated she reviewed some studies and the one thing that came out was
fertilizers polluting the water and not septic tanks. She said the rulemaking process will be
discussed at the Department of Health meeting in September. The Expressway Authority will discuss the
alignments in September as well.
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Commissioner
Carey informed the Board that the Goldsboro Front Porch Community Center Open
House is scheduled for Saturday, June 16, 2007.
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Commissioner
Carey stated Martin Luther King Junior Steering Committee is sponsoring its
Juneteenth celebration at noon at
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Commissioner
Carey advised the firefighters have been working with her in cleaning up the
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Commissioner
Carey stated her brother-in-law brought her a copy of the March 2007 National
Geographic magazine which had an article referring to
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Commissioner
Carey wished everyone a Happy Father’s Day.
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Commissioner
Dallari stated he received an e-mail from Jerry McCollum indicating that the
PD&E of CR 426 and CR 419 were approved.
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Commissioner
Dallari stated the Public Service Commission will be having a public hearing on
June 26, and he would like to have Board permission to instruct Ms. Coto to
have a staff member attend the meeting to submit information received from the
residents relating to the problems they have been having. The
Board had no objections.
Commissioner
Carey stated she feels customers should have received notices from the Public
Service Commission regarding a hearing on their request for an increase in
rates.
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Commissioner
Dallari stated he would like to know the status of light commuter rail.
Ms.
Coto stated she and staff will be attending another meeting on Friday with the
funding partners (city of
Upon
inquiry by Commissioner Carey, Ms. Coto advised the original discussions were
about an acquisition with CSX and she believes they are looking at an
easement.
Jerry
McCollum,
Upon
inquiry by Commissioner Van Der Weide, Mr. McCollum advised he has not heard
anything about the bill coming out regarding a dedicated funding source.
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Commissioner
Carey stated the TIP is on the MetroPlan’s agenda and she requested that staff
inform the Chairman of the items that have been bumped off the list.
Mr.
McCollum advised he has met with the Chairman on that issue.
COMMITTEE
REPORT
No
Report.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:10 p.m., this same date.
ATTEST_____________________Clerk___________________Chairman
slm/er