BOARD OF
JUNE 26, 2007
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, June 26, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District
3)
Commissioner Michael McLean (District 2)
County Manager Cindy Coto
Deputy Clerk Eva Roach
The
Invocation was given by Commissioner Van Der Weide.
Commissioner
McLean led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-117, as
shown on page ________, declaring June 30, 2007 as “Jim Logue Day”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mrs. Joanne Logue who addressed the Board to
express her appreciation.
David
Logue, Mr. Logue’s son, addressed the Board to thank the Board for the
resolution and stated his dad would have been privileged, humbled and proud of
the effort he put forth so the generations can enjoy this place.
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Ray
Valdes, Tax Collector, addressed the Board to present a proposal for a Drivers
License Business Office. He stated he
submitted five pages (copy received and filed) to the Board on this subject and
he would like to inform everyone that his office is now prepared to get into
the business of providing driver licenses services on a limited basis. He stated he began in 1995 trying to find a
way to involve tax collectors in issuing drivers licenses as he felt they were
the best public official for taking over that service. All of the tax collectors have been involved
in trying to get a bill passed through the House and Senate for many years. He said he is planning to open up an office
around the Lake Mary/I-4 interchange area and it will be a full-service office
that the citizens can go to renew their driver licenses. It is not his intent to serve any illegal
immigrants or issue first-time driver licenses.
His intent is to get his feet on the ground on how to do this best and
to best serve the citizens. He stated he
gave the Board a three-year out of a five-year projection and he is looking at
assuming full responsibility for all driver licenses, but he doesn’t plan to do
that for at least three to four years. He
said he wanted assurance from the Dept. of Highway Safety & Motor Vehicles
that they would not close this office once he gets started.
Chairman
Henley stated he appreciates Mr. Valdes’ desire to serve the citizens, but this
is not a good time to come to the Board for this request. He stated he has mixed emotions on what Mr.
Valdes is trying to do because of the impact it is going to have on revenue and
their ability to serve the citizens, but he understands the need for it.
Commissioner
Carey stated her biggest concern is if they provide the service before a bill
is passed, she would like to know what the incentive is in trying to get it
passed to actually fund this.
Mr.
Valdes stated he understands what the Board is saying, but the current driver’s
license office is in Winter Springs and they do over 700 transactions a
day. That office only has 18 people
serving the public and all of them are not committed to driver’s licenses. He said he spoke to the Hillsborough County
Tax Collector and they are meeting with the Dept. of Highway Safety Motor
Vehicles Executive Director for the purpose of drafting the concept of a
bill. Therefore, he feels there is light
at the end of the tunnel. He said $1.5
million to $2.5 million will be the start-up cost depending on whether they buy
or lease a facility.
Commissioner
Dallari stated he feels service to the people is their primary concern, and he
believes Mr. Valdes is going down the right avenue. He stated he feels everyone needs to put a
good foot forward and he has confidence in the world that, as time progresses,
this will be a revenue source for them.
Commissioner
McLean stated Mr. Valdes has spent 12 years trying to get
Mr.
Valdes explained to Commissioner McLean how he is going to look at buying a
facility opposed to renting one. He
stated the one thing he needs from the Board is if he opens an office in
Commissioner
Van Der Weide stated he can attest to the fact the Winter Springs facility is
crowded as he tried to renew his license.
Upon
inquiry by Commissioner Carey, Mr. Valdes advised if he opens a branch office
outside the County seat, he would need authorization from the Board to collect
ad valorem taxes at that facility.
Robert
McMillan,
Mr.
Valdes stated he would like the Board to authorize the Tax Collector to collect
ad valorem taxes within any branch office in
CONSENT
AGENDA
Cindy
Coto,
Commissioner
Carey stated the County is paying $138,000 to do a HVAC service study, Item
#17, BCR #07-20, and part of her concern is the County is paying $975,000 a
year for a maintenance contract, and in her experience when they receive
reports, that lays out what they need to do and what they anticipate for
replacement costs.
Commissioner
Dallari stated he has similar concerns on this item and he would like to pull it for discussion.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to authorize and approve the following:
Administrative
Services
Facilities Maintenance
3. Approve
and authorize the Chairman to execute Agreements, as shown on page _________,
with Florida Power & Light Corporation (FP&L) to install, maintain, and
operate additional light fixtures at
Purchasing and Contracts
4. Approve
Amendment #2, as shown on page _________, to RFP-4156-02/BJC with Florida
N-Viro, L.P.,
5. Approve and authorize Amendment #3,
as shown on page ________, to CC-1267-05/TLR - Fence Repairs and Installation,
with KMG Fence LLC,
6. Award CC-1996-07/BHJ, as shown on
page ________, in the amount of $119,000.00 to Air Ideal, Inc. of Chuluota for
all labor, materials, equipment, transportation, coordination and incidentals
necessary for the replacement of HVAC equipment at the Central Branch Library
located at 215 North Oxford Road, Casselberry, FL 32707.
7. Award CC-2009-07/DRR, as shown on
page ________, in the amount of $1,635,752.50 to Southern Site Works, Inc. of
Zephyrhills, Florida for all labor, materials, equipment, transportation,
coordination and incidentals necessary for the construction of approximately
6,100 linear feet of 30-inch diameter reclaimed water main, approximately 1,600
linear feet of 24-inch diameter reclaimed water main, approximately 460 linear
feet of 12-inch diameter water main, 2,600 linear feet of 8-inch diameter water
main and the removal of an existing potable well from service along Yankee Lake
Road and a portion of S.R. 46 located west of Yankee Lake Road and east of
Longwood Markham Road.
8. Approve
an increase to the Board-approved Estimated Annual Expenditure for
PS-5165-04/AJR Master Agreement for Continuing Professional Services including
but not limited to construction plan preparation, preliminary and final design,
and environmental and drainage permitting for minor projects by $250,000.00
additional per year.
9. Award
RFP-600193-07/BJC, as shown on page _________, Electrical, Control and
Telemetry Systems Programming, Repair, Maintenance, Support and Calibration
Services to DCR Engineering Services, Mulberry; Integrated Telecommunications
Systems, Inc., Brandon; and Revere Control Systems, Birmingham, AL.
Support Services
10. Approve request to
declare surplus and competitively bid County-owned .15 acre lot with 3,100 sq.
ft. pre-fab metal/concrete building located at 100 Seminola Blvd., Casselberry
(Property ID #05-21-30-517-2800-0150), using the appraised value of $95,000 as
the minimum bid.
Community
Services
CDBG
11. Approve and authorize the Chairman to execute the First Amendment,
as shown on page ________, to the Seminole County/Girls and Boys Town of
Central Florida, Inc. CDBG/SHIP Subrecipient Agreement Program Year 2004-2005
which extends the term of the Agreement to June 30, 2008.
Community Assistance
12. Approve and authorize the Chairman to execute Satisfactions, as
shown on page _________, of Second Mortgage for the following households
assisted under the SHIP Home Ownership Assistance Program and the Emergency
Repair Housing Program: James M. &
Kenna L. Williams; Nathan Baldino; Joyce E. Fogle; Diane M. Lawson; Marie
McKinney (aka Marie A. Meyer); and Ella Louise Wheeler.
Economic
Development
Tourism
13. Approve and authorize the Chairman to execute an Agreement, as
shown on page _________, with Sanford Chamber of Commerce for the 2007 Sanford
Chamber Bike Fest in the amount of $10,000.
Fiscal
Services
Administration
14. Approve and authorize the Chairman to execute appropriate Resolution
#2007-R-118, as shown on page _________, to ratify the Health and Educational
Facilities Authority of the State of Missouri’s issuance of Educational
Facilities Revenue Bonds in one or more series, of which an amount not to
exceed $6,500,000 shall be applied for the Lutheran Haven Nursing Home and
Assisted Living Facility, LLC (located in Seminole County) to refinance the
cost of the acquisition, construction and equipping of the nursing home and
assisted living facility.
Budget
15. Approve and authorize the Chairman to execute a Budget Amendment
Resolution #2007-R-119, as shown on page ________, #07-70, from the General
Fund in the amount of $18,002 to cover the increased costs through the end of
the fiscal year for the new Medical Director Services contract approved by the
BCC at the 6/12/2007 meeting.
16. Approve and authorize the Chairman to execute a Budget Amendment
Resolution #2007-R-120, as shown on page _________, #07-71, from the General
and Court Support Technology Fee Funds in the amount of $267,096 to transfer
funds from the General Fund to the Court Support Technology Fee Fund to correct
revenue recording for fiscal year 2005/06.
MSBU
18. Approve and authorize scheduling and advertising of the final
public hearing for the Twin Pines Water and Wastewater Improvement MSBU.
19. Approve and authorize the Chairman to execute the Satisfaction of
Lien, as shown on page _________, for the Dixon Road Paving and Drainage MSBU
assessment for parcel 25-20-29-300-005A-0000; owner Pile Jere Trustee.
Leisure
Services
Median Maintenance
20. Approve and authorize Chairman to execute the Interlocal Agreement,
as shown on page _________, with the City of
Planning
and Development
Development Review
21. Authorize the release of the Rinehart Road Right-of-Way (ROW)-Best
Buy Right-of-Way Utilization Permit Maintenance Bond #MB6164 in the amount of
$5,154.00 for the Rinehart Road ROW - Best Buy road improvements.
Public
Safety
Administration
22. Approve and authorize the Chairman to execute the Certificates, as
shown on page _________, of Public Convenience and Necessity (COPCN) for
Orlando Regional Healthcare System, Florida Hospital, Rural Metro Ambulance,
and Central Florida Ambulance, d/b/a American Ambulance, to become effective
July 1, 2007 through June 30, 2008; and approve and authorize the Chairman to
execute the Non-Exclusive Ambulance Franchise Agreements, as shown on page
_________, with Rural Metro Ambulance and Central Florida Ambulance, d/b/a
American Ambulance, to become effective July 1, 2007.
Public
Works
Engineering
23. Approve and authorize the Chairman to execute a Purchase Agreement,
as shown on page _________, for $158,800 for Parcel Number 127 (Fee Simple) and
Parcel Number 727 (Temporary Construction Easement) for the County Road 15
Project from State Road 46 to
24. Adopt appropriate Resolution #2007-R-121, as shown on page
_________, and authorize the Chairman to execute a Local Agency Program (LAP)
Agreement, as shown on page __________, with the Florida Department of
Transportation for the design of safety improvements (widening travel lane to
12' travel lane and paved shoulders) on County Road 426 from
25. Accept and authorize
the Chairman to execute twenty-seven (27) Perpetual Stormwater Easements, as
shown on page _________, for the Sweetwater Cove Tributary Surface Water
Restoration Project, Phase IIIB - Dredging/Revegetation of Sweetwater Cove Lake
for the following: Scott L. & Eva C.
Purvis; Donna J. Gray; Kevin J. & Yvonne Y. Cooley; James R. Raker &
Annette Santiago; Vikrant & Sunanda Shivdasani; George V. & Jeannie C.
Pfann; Ray F. & Doris E. Butts; Olva I. & Kenneth K. Burton; David H.
& MaryAnn M. Bonk; Rose L. Kittinger, Trustee; Mary A. Johnson, Trustee;
Marc A. & Shawn E. Blum; Peter A. & Barbara F. Walters; Yason W. &
Ya H. Lin; Randy & Sara Beck; Laurence & Anna Nye; Matthew & Sandra
Clear; Charles R. & Susan Hummel; Harold & Pamela Chenoweth; Rodney F.
& Marget A. Reynolds; Joseph P. & Myra Seinberg; Criss C. Gunderson;
Regis W. & Martha M. Davis; J. Arnold & Doti M. Schorr; Robert A. &
Eliva Birnholz; John D. & Audrey L. Gorman; and James & Elizabeth C.
McGrath.
26. Adopt appropriate Resolution #2007-R-122, as shown on page
__________, accepting a Sidewalk Easement, as shown on page _________, (Lee A.
Harrop to
27. Adopt appropriate Resolution #2007-R-123, as shown on page
_________, and authorize the Chairman to execute a Local Agency Program (LAP)
Agreement, as shown on page __________, with the Florida Department of
Transportation for the design of sidewalks along
28. Approve and authorize the Chairman to execute appropriate
Resolution #2007-R-124, as shown on page _________, accepting Permanent
Drainage Easements (2) and a Temporary Construction Easement, as shown on page
__________, for the Prairie Lake Outfall Drainage Improvements.
Roads-Stormwater
29. Approve and authorize the Chairman to execute the Interlocal
Agreement, as shown on page _________, between
Traffic Engineering
30. Approve and authorize the Chairman to execute nine of the fifteen
Amended Private Traffic Signal Maintenance Agreements, as shown on page
_________, with private entities within Seminole County as follows: Aloma Square Owners’ Association & Loma
Vista Property Owners’ Assoc. Inc.; Altamonte/SSG, Inc.; First Baptist Church
of Sweetwater, Inc.; Lake Mary Centre, Ltd.; Northland, A Church Distributed,
Inc.; Regency Centers, L.P.; Sydney Levy and Marianne Levy; Sun Lake Plaza,
Inc.; and Trinity Preparatory School of Florida, Inc.
31. Approve and authorize the Chairman to execute the CSX
Transportation, Inc., Construction Agreement, as shown on page _________, for
32. Approve and authorize
the Chairman to execute the CSX Transportation, Inc., Wireline Crossing
Agreement, as shown on page _________, for
33. Approve and authorize the Chairman to execute the Signage Agreement,
as shown on page _________, between
Under
discussion, Ray Hooper, Purchasing Manager, addressed the Board to answer questions
for Chairman Henley relating to the validation process for Item #7, Award
CC-2009-07.
Commissioner
McLean advised the actual committee that put together the TMDL program (Item
#29) was formed by the Joint City/County Committee.
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to authorize and approve the following:
Litigation
34. Approval of a proposed negotiated settlement relating to Parcel
Number 112, Eden Park Avenue road improvement project, Creamer property. The proposed settlement is at the total sum
of $27,470.00 inclusive of all compensation to the owners, attorney fees of any
kind, all costs, interest and any other matter for which
35. Approval of a proposed negotiated settlement relating to Parcel
Number 106, Eden Park Avenue road improvement project, Levine property. The proposed settlement is at the total sum
of $43,730.50 inclusive of all compensation to the owners, attorney fees of any
kind, all costs, interest and any other matter for which
36 Approval of a proposed negotiated settlement relating to Parcel
Number 116,
Property
Acquisition
37. Approve and execute Purchase Agreement, as shown on page ________,
relating to Parcel Numbers 107, 109, and 117/717, Highmoor property, of the
County Road 15 (
Districts 1, 2, 3, 4 and 5 voted
AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded
by Commissioner Dallari to authorize and approve the following:
Clerk’s
Office
38. Expenditure Approval Lists, as shown on page _________, dated May
29 & June 4, 2007, and Payroll Approval List, as shown on page _________,
dated May 26, 2007; approve BCC Minutes dated May 22, 2007; and noted, for
information only, the following Clerk’s “received and filed”:
1. Proposed
FY 2007/08 Budget for Sheriff Donald F. Eslinger, as shown on page
__________.
2. Memorandum
dated May 23, 2007 to Sandy McCann, Commission Records, from Liz Parkhurst,
Planning & Development, RE: P&D
Outstanding Documents.
3. Water
Protection & Sustainability Cost Share Agreement, as shown on page
_________, with SJRWMD for the Yankee Lake Surface Water Treatment/Reclaimed
Water Augmentation, as approved by the BCC on January 9, 2007.
4. Tennis
Pro Contracts, as shown on page _________, with the following: Brian Runda, Robyn Soto, and Taryn
Lamonettin.
5. Contract
Release and Certificate of Final Completion, as shown on page _________, for
CC-0588-06.
6. Second
Amendment, as shown on page _________, to IFB-600016-06, Firefighting
Equipment.
7. Litigation
Consultant Services Agreement, as shown on page _________, with Gerson,
Preston, Robinson & Co., P.A.
8. Contract
#M-2166-07, as shown on page _________, One Source Roofing, Inc.
9. W.O.
#36 & 37, as shown on page _________, to CC-1267-05, KMG Fence.
10. W.O.
#73, as shown on page _________, to PS-5165-04, PEC, Inc.
11. W.O.
#14, as shown on page _________, to PS-0381-06, Bentley Architects &
Engineers, Inc.
12. C.O.
#1, as shown on page _________, to DB-0577-06, American Bridge Co.
13. Assignment
of Term Contract for M-437-04, as shown on page _________, Lanier Worldwide,
Inc./Ricoh Americas Corp.
14. W.O.
#2, as shown on page _________, to PS-1074-06, Nodarse & Assoc., Inc.
15. W.O.
#55, as shown on page _________, to PS-5150-03, EMS, Inc.
16. Term
Contract for RFP-600171-07, as shown on page _________, Vila & Son
Landscaping.
17. Certificate
of Substantial Completion, as shown on page _________, for CC-1262-05 W.O. #52,
JCB Construction Inc.
18. Amendment
#1, as shown on page ________, to W.O. #18 to PS-5190-05, CH2M Hill.
19. First
Amendment, as shown on page ________, to Term Contract for IFB-3098-05, Vila
& Son Landscaping.
20. Contract
#M-2189-07, as shown on page _________, One Source Roofing, Inc.
21. W.O.
#5 & #6, as shown on page _________, to PS-1501-06, Southeastern Surveying
& Mapping Corp.
22. Amendment
#1, as shown on page _________, to M-1870-07, Devo Seereeram.
23. W.O.
#45, as shown on page _________, to RFP-4214-04, Site Secure, Inc.
24. First
Amendment, as shown on page __________, to Hurricane Shelter Storm Shutter
Retrofit RFP-1670 Agreement.
25. W.O.
#3, as shown on page __________, to PS-1501-06, Southeastern Surveying &
Mapping Corp.
26. Certificate
of Final Inspection, as shown on page __________, for CC-1262-05 W.O. #37.
27. W.O.
#19, as shown on page _________, to PS-5190-05, CH2M Hill.
28. W.O.
#4, as shown on page __________, to CC-1284-06, Conpilog International Co.
29. W.O.
#65, as shown on page _________, to PS-5130-02, Ardaman & Associates,
Inc.
30. Second
Amendment, as shown on page _________, to PS-556-00, DCR Eng. Services,
Inc.
31. Bids
#CC-2116-07 & RFP-600193-07.
Sheriff's
Office
39. Approval by the Board of County Commissioners
to expend $2,000 from the Law Enforcement Trust Fund to provide for a
contribution to the Brethren Reaching Out Ministry of Sanford.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 10:05 a.m., reconvening it at 10:15 a.m.
REGULAR AGENDA
Gary
Rudolph, Utilities Manager, addressed the Board to state on May 22, 2007, the
Board requested staff to look at two issues with the Cross Connection Control
Plan. One issue was to look at testable
or nontestable devices on irrigation systems that use reclaim water and add
potable water for home uses. The second
issue was to bring back some options for funding the program. He displayed a PowerPoint Presentation (received
and filed) and began reviewing the following:
Reclaimed Water Program Options 1 and 2; the costs of the Reclaimed
Water Program; Options of How to Fund the Program; and Rate Impact. He stated staff is requesting Board direction
concerning implementing the Cross Connect Control Plan; direction to submit the
Plan to the Florida Department of Environmental Protection for State
concurrence; authorization to award a contract to a recommended contractor; and
direction on the funding plan.
Upon
inquiry by Commissioner Carey, Mr. Rudolph advised staff is recommending Option
2 and that meets the DEP minimum requirements.
Commissioner
Carey stated since there are so few people on reclaim, their check valve gets
replaced every three years and they do not have to have an annual
inspection. She stated she feels it
would be fair to say those who have potable water for irrigation would have to
pay for annual inspection and not the people who switched to reclaim.
Mr.
Rudolph stated that is one option and staff is looking for direction from the
Board so they can move forward on the program.
Commissioner
Carey asked if it would be good to put this out on the street to see what kind
of proposals they will receive.
Mr.
Rudolph stated that also is an option; however, he feels the prices that they
have are very competitive. He stated if
the Board gives staff direction, they can place the inspection fee into the
connection fee so that consumers of the entire unit are not paying for the turn
over.
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve implementation of the Cross Connection
Control Plan; direct staff to submit the Plan to the DEP; and approve Option #2
non-testable units on potable line
Districts
1, 2, 3, 4 and 5 voted AYE.
-
- -
Commissioner
Carey stated she has some concerns awarding the contract since they changed the
Plan for what they are doing. There have
been discussions doing surveys through e-mail and the mail, and that is
something that a contractor would not want to undertake.
Mr.
Hooper stated since this is an RFP, the Board can authorize staff to negotiate
that. Staff can change the scope and enter
into negotiations with Ace Flow and reduce the price of the survey cost.
Commissioner
Carey stated staff is in the position to only talk to one contractor.
Mr.
Hooper stated if the Board wants staff to go out with the best and final offers
to all the proposals, they can change that scope.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to instruct staff to go out to all the bidders
for the best and final offer and to have a portion of this validated by staff.
Under
discussion and upon inquiry by Commissioner Van Der Weide, Mr. Hooper advised
the one contractor they are capable of dealing with has indicated that he will
be willing to accommodate the change of scope.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide to provide funding to include the cost in adjusting
the rates.
Under
discussion, Commissioner Carey stated she is unhappy about the rate increase as
there are 40,000 customers and a small number of them are on reclaim.
Mr.
Rudolph stated the total is expected to be around 3,200 to 3,500 for reclaim.
Commissioner
Carey stated she would like to see for those people moving around and causing
inspections to occur that they should take care of that cost themselves.
Bob
Briggs, Environmental Services, addressed the Board to state if staff has
reliable estimates for the number that move around, that can be added to the
account initiation fee.
Commissioner
Carey stated about 100 people move every month and she would like to know if
staff would be willing to include that in the rate structure.
Mr.
Briggs stated a decision does not have to be made today.
Ms.
Coto stated in looking at the Environmental Services’ budget and the debt
service coverage, she doesn’t believe that within their existing rate structure
they could absorb this.
Commissioner
Carey asked if the motion maker would consider directing staff to come back to
see what the impact would be if they took the 1,200 customers out and roll that
into the connection rate.
Commissioner
McLean stated he is for any creative solutions, but doesn’t think they need to
make a decision today.
Commissioner
Van Der Weide stated he doesn’t have a problem with that, but he doesn’t think
they need to impact the citizens by stirring up a hornet’s nest. He stated he feels they can come back with
it.
Commissioner
Carey stated she wants the direction to be clear from the motion that was
made.
Commissioner
McLean stated he feels comfortable with the motion he made.
Upon
inquiry by Commissioner Dallari, Commissioner McLean stated the motion is to
approve the funding today at these rates and not consider the other connection.
Commissioner
Van Der Weide stated he has no problem with that motion.
Commissioner
Carey stated she will not support the motion as she would like to see the alternates.
Upon
inquiry by Commissioner Dallari, Mr. Briggs advised staff can bring this back
at the next Board meeting (July 24).
Chairman
Henley stated if the motion is voted down, the direction for staff is to bring
it back in July.
Commissioners
Van Der Weide and McLean voted AYE, with Commissioners Dallari, Henley and
Carey voting NAY, whereupon, the motion failed
for lack of a majority vote.
Upon
inquiry by Mr. Rudolph, Commissioner Carey advised staff can start going back
to the contractors to get the final offers as long as they are moving forward.
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Chairman
Henley advised that Item #41, Lake Mary Swimming Pool Interlocal Agreement, has
been continued and will be brought
back at a later date.
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Ray
Hooper, Purchasing Manager, presented request to approve Amendment #11 to
BD-260-01/BJC, HVAC Maintenance and Repair Agreement with The Trane
Company. He stated the amendment will
increase the not-to-exceed amount by 3% because of the material and labor. Staff recommends approval of the request.
Upon
inquiry by Commissioner Carey, Frank Raymond, Fleet/Facilities Management,
addressed the Board to advise he doesn’t know how many buildings are under contract
with the Trane Company, but he will provide that information to the Board. He stated all the buildings are not on the Trane
contract, it is a monthly maintenance program and staff gets a report each
month.
Chairman
Henley asked if an evaluation on HVAC was just recently done on the
Mr.
Raymond stated the libraries were just done and he would have to provide
information on the
Mr.
Hooper informed Commissioner Dallari that a performance clause can be placed in
the next contract as the next bid proposal is coming up.
Commissioner
Dallari stated it is hard to justify this money if these maintenance logs do
exist and they are spending an additional sum of money to have someone review
it.
Ms.
Coto stated Trane has been their contractor for the last eight years, and staff
believes that an independent view of those facilities would ensure that the
associated scope of the next RFP would accurately reflect an objective opinion.
Upon
inquiry by Commissioner McLean, Ms. Coto advised the intent is to put together
a revolving useful life schedule. She
stated something similar was done to the roof system and they found out that
there were some roofs in critical need of repair or replacement. They brought in a third party consultant to
provide that information so they could be more proactive with respect to
maintenance versus being reactive.
Mr.
Raymond stated in the $138,000 quote there is information that speaks to p.m.
schedules, intervals and types of tasking.
It will assist in coming up with comprehensive and tight scope for the
next RFP for HVAC maintenance and that needs to be in place by July 2008.
Commissioner
Carey stated staff can determine how old the unit is by looking at the serial
numbers. If they have the list of the
equipment, they can put a maintenance evaluation in the next RFP. She added that she still hasn’t received a
maintenance schedule for all the facilities which she asked for in 2005.
Ms.
Coto stated that information will be provided in the 2007/2008 budget. Staff has looked at all the facilities and
has tried to come up with a proactive maintenance program based upon their life
cycle.
Upon
inquiry by Commissioner Dallari, Ms. Coto advised staff felt that they wanted the
information that is identified in Item #17 and staff is only requesting money
be moved. The associated contract or
work order would have to come back for approval.
Commissioner
Carey stated it is a 5-year contract with optional renewals and contracts of
this size should come back to this Board for renewal. She stated she has problems supporting Item
#17 because she believes staff can develop that information from the monthly
maintenance reports.
Mr.
Raymond stated staff is talking about replacement schedules which will cost
roughly $1 million a year for the next five years. He stated he feels it is money well spent,
but the maintenance schedule is in place.
Commissioner
Carey stated she personally thinks that this is an activity that they should be
able to put their arms around without spending $138,000.
Upon
inquiry by Commissioner McLean, Mr. Hooper advised staff is planning to issue a
work order under a master agreement and they will incorporate the language with
the Board and bring it back because it is over $100,000.
Commissioner
Dallari stated he feels staff needs to look at the systems as a total and not
just the units.
Mr.
Hooper informed Commissioner Dallari that staff is working as a partnership
with the consultant to incorporate the energy efficiency systems rather than
the units, and they will have them come up with the scope.
Mr.
Raymond informed Commissioner Carey that they run the software that controls
the thermostats in some of them, but not all of them.
Commissioner
Dallari stated he would like staff to address in the scope the total
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to approve Amendment #11, as shown on page
________, to BD-260-01/BJC-HVAC Maintenance and Repair Agreement with The Trane
Company of
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Dallari,
seconded by Commissioner McLean to approve BCR #07-20 in the amount of $138,000
for a county-wide HVAC study, with staff to address the comments to be brought
back for final approval.
Districts
1, 2, 3, and 4 voted AYE.
Commissioner
Carey voted NAY.
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David
Medley, Community Services Director, addressed the Board to present request to
approve technical and substantive revisions to the Local Housing Assistance Program
(LHAP) for program years 2008, 2009, and 2010 authorized by the Board on April
24, 2007. Staff was directed to address
an item in the LHAP and to address some issues relative to foreclosures. He stated staff has reviewed the Equity Sharing
strategy and they are requesting that the Board allow them to remove that as
several issues came about. Staff
addressed the need to provide recapture in a different manner by securing the
funds for a longer period of time than previously done. Staff is requesting approval of the
modification to the LHAP and to change the previous LHAP in accordance with the
changes made today.
Commissioner
Carey stated if the Board is giving money to developers to build low-income and
affordable housing, how will the County recapture the funds if the developer
sells it.
Mr.
McMillan stated he understands that the commitment runs with the land and they
cannot sell the project without approval.
Arnold
Schneider, Assistant County Attorney, addressed the Board to advise the terms
of the agreement require a restricted use covenant and the housing would remain
affordable. In this case, it is by
developer agreement they covenant as long as they own it and it will be used
for affordable housing. They are
compelled as a requirement of that agreement to execute a restrictive covenant
for whatever the specified affordability period is. It is up to the County to police that to make
sure it is enforced.
Mr.
McMillan stated there were a couple situations where those conditions were not
met and the County brought action against two parties regarding contract breach. He referred to two cases that were breached and
stated the Board authorized staff to seek refund of the money and that has been
accomplished. A memorandum regarding
SHIP foreclosures was received and filed.
Commissioner
Carey stated staff needs to make sure that they bid on the foreclosures to
recapture the funds.
Mr.
McMillan stated staff can add the following language to page 9 at the end of
the underlined section “or subject to
Board approval, SHIP funds may be used for the purchase of previously SHIP
funded homes at foreclosure sale would be objective of reserving the available
affordable housing stock in the County.
So that if the circumstance arose,
it would make sense to use SHIP funds for that purpose.”
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve technical and substantive revisions to the
Local Housing Assistance Program(LHAP) for program years 2008, 2009, and 2010
authorized by the Board on April 24, 2007; and approve technical and
substantive amendments to the LHAP for 2005, 2006, and 2007 so that remaining
program funds for those years may be expended on essentially the same basis
(with one exception) as is proposed for the new three year LHAP; and authorize
staff to submit both amended LHAPs to the Florida Housing Finance Corporation
(FHFC), as amended, to include the second mortgage recapture.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari, seconded
by Commissioner Van Der Weide to approve the Final Site Plan for the Maple Leaf
Commerce Center Planned Commercial Development (PCD); authorize Chairman to
execute the Maple Leaf Commercial Center Developer’s Commitment Agreement, as
shown on page ________, consisting of 0.84+ acres, located on the south side of
Mikler Road approximately 800 ft. west of the intersection of W. SR 426 and
Mikler Road, Jack Reynolds, American Civil Engineering, based on staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to approve the Final Site Plan and Developer’s
Commitment Agreement, as shown on page ________, for the Wekiva Springs Road
PCD, consisting of 4.5+/- acres and located on the west side of Wekiva Springs
Road and the east side of E. Lake Brantley Drive, S&B LLC, based on staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
Coto stated staff is prepared to present the Water and Sewer CIP Program, but
she would like to make some comments regarding same. She stated since the program manager was
hired within the past 18 months, a significant shift has occurred within the
scope and value of the work. She
reviewed how they got where they are today with the program. She stated after having discussions with the
Board, it was obvious that some believed that the action in January 2006 meant
that the Program Manager was to provide no design services. Many of those concerns could have been
avoided if staff had been more explicit during their discussions and
presentations with the Board. Staff
should have brought back the $332 million Capital Improvement Program and the
CH2M Hill design work for the Surface Water Treatment Plant after the July 18, 2006
work session and that was not done. Staff
prepared a binder and reviewed same with the Board over the past week. She stated staff has spent a great deal of
time in evaluating the Program Management services and associated work order
process. She believes a better product
has resulted due to the amount of time that was spent on this and the questions
that have been asked.
John
Cirello, Environmental Services Director, addressed the Board to state staff is
here to update the Board on the progress of the CIP program to date. He stated they have been in operation for
approximately one year and the team is committed to conducting semi-annual
program updates to the Board.
Carol
Hunter, Environmental Services, addressed the Board to review a PowerPoint
Presentation (not received and filed) relating to the following: CIP Estimate; County estimate; CIP Validation;
CUP Regulatory Projects Required Funding; The Line of 2006 Valuations; and
Approved 5-year Rate Structure.
Matt
Alvarez, CH2M Hill, addressed the Board to advise the intent of the program was
to deliver the 5-year CIP as opposed to 10 to 12 years. He stated he is pleased to report that the
program is accomplishing that goal. Prior
to the program, the average County delivery was approximately $8 to $12 million
a year. To date within the first year of
the program and within six months of the bond funding, the team has $132
million in active projects being delivered.
He displayed slides and began reviewing the 2006 Mobilization and
Program Tasks and the 2007 Program Design Management. He displayed and reviewed the Current 20 Design
Projects: 2007 Program Construction Management; CIP Variance Tracking; and the Ongoing
High Rate Delivery for the Program.
Ms.
Hunter continued by reviewing Communication and the Component of Communication
Monthly Flyers.
Mr.
Alvarez continued the presentation by reviewing the Outlook and Activities of
Other Program Tasks relating to Phase One Service Water Treatment Plant;
Program Implementation of Phase Two Potable SWTP; Begin Annual Revalidation and
Prioritization of CIP; Second Revenue Bond Issue; Complete Task of the
Construction; and Program Results Overall Fund and Bond Covenants.
Mr.
Cirello summarized that the program is on schedule and within budget for the $332
million CIP base line established in July 2006, and it is being delivered as
committed. He stated staff is requesting
Board approval of the service treatment plant design and the Program Management
budget.
Ms.
Hunter explained for Chairman Henley why they were backlogged in the projects;
which method of compensation was used that the contract calls for; how the
reimbursable is handled; and what the cost was on the design portion for
surface water.
Chairman
Henley stated he doesn’t agree with the conclusions staff has drawn in their
answers and he has discussed his feelings with staff on the situation that has
escalated way beyond what they anticipated.
He stated with the validation and with the conditions changing, he
expects to see a conservative amount. He
added that staff has projected a $100 million savings by expediting this.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to approve the Program Management services by
CH2M Hill (PS-5190-05/DRR) at a level of service consistent with staff’s
presentation and Board’s consensus on the Water & Sewer Capital
Improvements Program; and approve CH2M Hill’s performance of detailed design
and bid package preparation of the Seminole County Regional Surface Water
Treatment Plant at Yankee Lake consistent with the County’s Cost Sharing
Agreement with the St. Johns River Water Management District.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Henley voted NAY.
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Commissioner
Carey recognized District 5 Secretary of Transportation, Noranne Downs, who was
in the audience.
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Tad
Stone, Public Safety Director, addressed the Board to present a PowerPoint
Presentation (received and filed) relating to the Animal Services
Facility. He continued his presentation
by reviewing the damage that was done to the Animal Services facility following
the fire on February 8, 2007. He
displayed and reviewed photographs of the damage that was done to the kennel
area. He reviewed the following: Actions to Date; Scale Drawings of the south
and north reconstruction; and Recommended Actions. He stated staff is strongly recommending
upgrading the fire alarm system and fire sprinklers throughout the
building. The facility is currently at a
single-phase generator switch system and staff is recommending a three-phase
generator system. He concluded by
reviewing the Insurance/Risk Management Cost and the Spay/Neuter Program. He stated staff would like to rework the
Spay/Neuter Program by taking the program to the citizens and not have them
come to the facility.
Commissioner
Van Der Weide stated that building was built in 1989 and he does not believe there
have been any major improvements or expansions.
He stated he doesn’t have a problem supporting what staff is
recommending.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to authorize staff to move forward with the
procurement process to complete the architectural drawings and design of the
Animal Services facility rebuild.
Under
discussion, Commissioner Carey stated staff is recommending three items but five
are listed as enhancement upgrades.
Upon
inquiry by Commissioner Dallari, Mr. Raymond advised the only thing that would
have to be changed to take advantage of the three phase is the crematory. The switching of the generator will be
minimal.
Commissioner
Dallari asked if everything is inclusive in the $32,000 price. Mr. Raymond stated that is correct.
Upon
inquiry by Commissioner Carey, Commissioner Van Der Weide advised he would like
to have the lightning protection included in his motion.
Commissioner
Carey stated she would like to know how the County will get reimbursed from the
insurance company and what they can rebuild.
The insurance company assessed the damages at $750,000 and the County
will have to pay $200,000 out of their own pocket, therefore, the insurance
company will pay $550,000 to replace what was existing. She asked if the County builds the facility
differently and go with an alternate method, does the County still get $550,000
payment.
Nick
Mullins, Johns Eastern Company, addressed the Board to advise at this point he
told the insurance company that the rebuild is going to be started once the
plans and drawings are complete. He
stated he understands that the insurance company will pay for what the County
had originally. If the County decided to
make it smaller or bigger, it is his understanding that the County would only
get reimbursed for what they have.
Commissioner
Carey stated the $750,000 came from the square footage based on the construction
they had. She stated she asked staff to
look at alternate types of construction and they may be able to make it an
expandable building. The reason they
came back with concrete block construction is they felt that if they didn’t
rebuild what they already had, then the insurance would not pay. She stated she would like staff to look at
other options as there are other construction alternatives besides the
traditional concrete block.
Commissioner
Dallari stated he believes Commissioner Carey is asking staff to look at the
expansion but try to find alternate building methods to try to keep costs down.
Commissioner
Carey stated if they can build it for less, then they can build more. Staff needs to look at alternatives.
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Carey to
authorize staff to pursue an Interlocal Agreement with the Society for
Prevention of Cruelty to Animals (SPCA) for spay and neuter services in order
to get the mobile unit up and running.
Under
discussion, Ms. Coto stated she wants to be sure that everyone is speaking the
language as it relates to the insurance coverage.
At
the request of Ms. Coto, Mr. Mullins stated the County can rebuild the facility
for less than what the cost is to rebuild.
The carrier will only pay for what the cost is to rebuild and that is
all they will pay. Discussion ensued.
Commissioner
McLean stated the replacement is based on the facility and not on any specific
dollar amount. There can be
circumstances where the carrier will look at a dollar amount if it could not be
rebuilt.
Mr.
McMillan explained what the insurance requirements are.
Commissioner
Carey reiterated her motion to authorize staff to pursue an Interlocal
Agreement with the Society for Prevention of Cruelty to Animals (SPCA) for spay
and neuter services and to get the mobile unit up and running.
Commissioner
Van Der Weide seconded the motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Dallari requested the
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Noranne
Downs, District 5 Secretary of Transportation, addressed the Board to report on
the budget meetings in
At
the request of Commissioner Carey, Ms. Downs updated the Board on the extension
from SR 417 to
Commissioner
Carey stated there is a time-sensitive issue on the right-of-way from Colonial
properties. She stated she would like discussions
on frontloading some of the construction costs to move that project forward.
Ms.
Downs stated she will check to see if her staff had any discussions with
Colonial properties on that issue.
The
Chairman recessed the meeting at 12:10 p.m., reconvening at 1:32 p.m. with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach 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 Carey, to authorize filing the proofs of publication
for this meeting’s scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
REZONE FROM A-1 TO R-1AA/
ROBERT DIETZ
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to adopt an Ordinance to rezone 3.16+/- acres, located on
the southwest corner of the intersection of Sand Lake Road and Sandy Lane, from
A-1 (Agriculture) to R-1AA (Single-Family Dwelling), Robert Dietz, received and
filed.
Ian
Sikonia, Planning, addressed the Board to present the request, stating the
Planning and Zoning (P&Z) Board voted 5 to 0 to recommend approval to
rezone to R-1AA, based on staff findings; and the staff also recommends
approval.
Robert
Dietz, applicant for the owners James and Julie Shea, addressed the Board to
state he was available to answer any questions.
No
one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded
by Commissioner Dallari, to adopt Ordinance #2007-20, as shown on page _______,
approving rezoning from A-1 (Agriculture) to R-1AA (Single-Family Dwelling)
3.16+/- acres, located on the southwest corner of the intersection of Sand Lake
Road and Sandy Lane; as described in the proof of publication, Robert Dietz,
based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approving the Sproul Bible College PUD Major Amendment, Revised
Preliminary Master Plan, Rezoning Ordinance from PUD to PUD, Third Revised and
Restated Development Order, Final Master Plan and Developer’s Commitment
Agreement, consisting of 27.06+ acres located on the south side of Wayside
Drive, approximately 550 feet east of the intersection of Wayside Drive,
approximately 550 feet east of the intersection of Wayside Drive and Orange
Boulevard; Guy Rizzo, received and filed.
Austin
Watkins, Planner, addressed the Board to present the request, stating the
P&Z voted 7 to 0 to approve the request with conditions, and staff is
recommending approval.
Guy
Rizzo, representing Jim and Anne Marie Campisi, addressed the Board to state he
would rely on the recommendations of the staff.
He advised, to correct the Record, that there was a previous Special
Exception for one of the houses in this project and that will stay the same.
No
one else spoke in support or in opposition.
Motion by Commissioner Carey, seconded by
Commissioner Dallari, to approve the following:
the PUD Major Amendment, Revised Preliminary Master Plan, adopt
Ordinance #2007-21, as shown on page _______, rezoning from PUD to PUD, Third
Revised and Restated Development Order, Final Master Plan and Developer’s
Commitment Agreement, as shown on page _______; and authorize the Chairman to
execute the documents for the Sproul Bible College PUD consisting of 27.06+
acres, located on the south side of Wayside Drive, approximately 550 feet east
of the intersection of Wayside Drive and Orange Boulevard; as described in the
proof of publication, Guy Rizzo, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
SR 46
AMENDMENT/PAUL GREN
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval of a Small Scale Land Use Amendment from PUBC (Public) to SE
(Suburban Estates) on 6.74+/- acres located on the north side of SR 46,
approximately ½ mile west of the intersection of Lake Markham Road and SR 46,
Paul Gren, received and filed.
Mr.
Sikonia presented the request, stating the P&Z voted 5 to 0 to recommend
approval of the land use amendment based on staff findings; and staff is
recommending approval.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to adopt Ordinance #2007-22, as shown on page
_______, approving a Small Scale Land Use Amendment from PUBC (Public) to SE
(Suburban Estates) on 6.74+/- acres located on the north side of SR 46,
approximately ½ mile west of the intersection of Lake Markham Road and SR 46;
as described in the proof of publication, Paul Gren, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Assistant
County Manager April Boswell and Lisa Spriggs, Fiscal Services Director,
addressed the Board to present the update on legislative activities.
Ms.
Boswell distributed a handout (received and filed) to the Board and reviewed
that HB 529, Cable TV/Video Service Franchises, still gives the County the
ability to use both the governmental as well as the reserved second channel for
educational purposes only. She said the
County will need to coordinate with the School Board on the second channel. Regarding Article V legislation, she said she
doesn’t know the true financial impacts of this legislation yet. She advised that Affordable Housing (HB 1375)
and Growth Management (HB 7203) bills were signed into law. The Energy Bill (HB 7123) was vetoed by the
Governor. She reviewed the Affordable
Housing Bill and said staff is attending a briefing today to learn more about
this program. She also reviewed the
Growth Management Bill and said it is not as severe as it could have been. Ms. Boswell stated staff found regarding HB
7085, FRS/Retirement Contribution Rates Bill, that there will not be an
increase in rates for the coming year.
Ms.
Spriggs gave an update on the property taxes reform. She said now that they know the current law,
it is not substantially different than what was discussed at the last
meeting. She stated that basically all
of the governments are looking at an additional reduction and they fall into
different tiers based on looking at the past five years per capita tax increases. This was compared to statewide averages and
different tiers were taken to make the reductions 0, 3%, 5%, 7% or 9%. She said it was discussed at the last meeting
that the inclusion of the city of
Ms.
Spriggs further reported that the Constitutional Amendment Bill that was passed
was not changed from the initial discussions at the last meeting. That will go to the
Chairman
Henley asked how the CRA comes into this.
Ms. Spriggs said that is still outstanding as far as
implementation. There is a lot of
discussion going on with DOR and different entities. She said the bill appears to back out the
portion that
---
Commissioner
Carey said she has been holding on her calendar the dates of July 31 (half
day), August 1 (full day) and August 2 (half day) for the budget
workshops. She requested to look at
holding the workshops for two full days, maybe Monday and Tuesday or Tuesday
and Wednesday. She requested Ms. Spriggs
to look at her calendar and report back to her this afternoon.
Ms.
Coto said she is sure staff can make adjustments, but she is concerned as to
whether or not they can get everything done in two full days. She said they have to approach the workshops
differently since they will be discussing potential service cuts. She advised Chairman Henley that staff will
give the Board a menu to work with.
Commissioner
Dallari asked if Ms. Spriggs had looked at what the potential savings for each
homeowner would be. Ms. Spriggs said she
can make that information available.
CHAIRMAN’S
REPORT
Chairman
Henley stated he met with the President of Seminole Community College (Dr.
McGhee), and she was concerned about maintaining a good working relationship
between the County and SCC. She
requested to hold a joint meeting with the Board of Trustees to get to know one
another. He advised he would bring this
to the full Board and would speak with Ms. Coto to contact her and work out an
appropriate agenda. He indicated to Dr.
McGee that the meeting would probably be after August and that was not a
problem for her.
Chairman
Henley said he also received a letter from the School Board Chairman requesting
a joint meeting to discuss the impact of the legislation and what position they
may want to take regarding that.
Commissioner
Carey asked if the legislation that passed prohibits the County from using
revenues to educate the public on the upcoming voter referendum on the
Constitutional Amendment. Ms. Coto said
she did not think it did, but she will recheck that. Whereupon, Commissioner Carey said she
strongly suggests the County work with PBAS and some of the other community
leadership organizations and talk about how to get the information to the
voters, from an educational standpoint, because this will have a significant
impact on counties, cities and the School Board.
Chairman
Henley said he feels the Board has an obligation to try to help explain as best
they can what the particular impacts would be.
He said if no objections, he
will go ahead and attempt to schedule those two meetings as quickly as
possible. He will have his Aide check
with the other Commissioners’ Aides on the best time to set up the
meetings. No objections were voiced.
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Chairman
Henley reported on the meeting held with the Mayor and City Manager of Longwood
regarding their vision. He said he made
it plain that the Commissioners were disappointed they were the last people
they talked to about their vision. He
expressed to them that if they want enhancements on SR 434 they would have to
pay for that. He thinks the meeting went
very well. He thinks Mr. McCollum sat in
on the meeting with the City and the Governor’s Office representative on Friday
afternoon and they came to an understanding.
The Governor’s Office position was the same as the County’s that if the
City wants enhancements, they would have to pay the cost.
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Chairman
Henley stated the U.S. Military All Stars were in town last week and they
indicated they had never been treated as well anywhere in this nation as they
were here. He said they are still trying
to collect DVD’s to be able to send to the soldiers in
COMMUNICATIONS AND/OR
REPORTS
The
following Communications and/or Reports were received and filed:
1. Notice
of Public Hearings to rezone properties on
2. Memorandum
dated
3. Memorandum
date
4. Letter
dated
5. Memorandum
dated
6. Letter
dated
7. Memorandum
dated
8. Copies
of letters of various dates from T.E. Stone, Director of Public Safety, re: Appreciation for recent donations to the
following: Sue & David Evert; Donna
Hudson; Steve Baker; Tom Cummings; Mike Piazza; Howell Estates Homeowners
Association; Nancy & Terence Woodard; Suzanne Reynolds-Brady; Kathy Brahm;
Sharon Reiss; Henry Brautigam; Jeneare Pounds; Eileen Glasco; Vicky Drown; Pat
Jefts; Lyndia Coppola; Patti Dalton; Aimee Dewispelaere; Penni Dimario;
Veronica Esbjorn; Brian Predrick; Tina Berndt; Charles Bilz; Hilda Brooks;
Terry Arthur; Gerry Brunt; Jamie & Devin Laseter; Bettie Sonnenberg; Gail
Cooper; Janet Mitchell; Tooricum Ltd; Rachel Williams; Robert Devol; and Laurie
& James Harris.
9. Letter
dated
10. Florida Public Service Commission Bulletin re: Request for rate increase by Aqua Utilities
Florida, Inc. public meetings. (cc:
11. Letter dated
12. Letter dated
13. Letter dated
14. Letter dated
15. Letter dated
16. Copy of letters dated
17. Contract for services, as shown on page _______, between Seminole
County Government and Jennifer Hemphill (Umpire softball).
18. Memorandum dated
19. Memorandum dated
20. Memorandum dated
21. Memorandum dated
22. Letter dated
23. Letter dated
24. Memorandum dated
25. Copy of letters of various dates from T.E. Stone, Director of
Public Safety, re: Appreciation for
recent donations to the following: Shari
Mitchell; Lawrence Pultz; Gregg Rainone; Dennis & Susan Reilly; Patti
Rogers; Arlene Sanberg; Barry & Christina Silva; Troy Simmons; Robyn
Steiner; Catherine Valor; Heidi Watt; Guy & Judy Wills; Shannon Booth;
Carolyn Hall; Crystal Hanley; Dennis Tillman; Lauren Wilson; Susan Yentz; and Martha
Vanzant.
26. Contract for services, as shown on page _______, between Seminole
County Government and Jennifer Bavaro (Scorekeeper softball games).
27. Copy of letter dated
28. Memorandum dated
29. Memorandum dated
30. Notice and agenda for
31. Contract for services, as shown on page _______, between Seminole
County Government and the following:
Brian Su (Umpire slow pitch softball), John Cook (Umpire softball),
Brett Porche (Umpire), John Marzullo (Umpire softball), and Angel Marrerro
(Umpire slow pitch softball).
32. Memorandum dated
33. Memorandum dated
34. Memorandum dated
35. Copy of memorandum dated
36. Letter dated
37. Memorandum dated
38. Copy of memorandum dated
39. Contract for services, as shown on page _______, between Seminole
County Government and the following:
Dani McCain (Scorekeeper), Francis Bussey (Slow pitch softball
scorekeeper), and Mark Thaens (Slow pitch softball scorekeeper).
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Van Der Weide stated the Board had the discussion today on rebuilding the
Animal Control facilities. He was asked
by others if this had to come back to the Board for authorization before
rebuilding. He said he was under the
impression that staff would determine what kind of materials to be used and
they would move forward and rebuild the facility now as soon as possible. He did not understand that this would come
back to the Board to get authorization to implement what the Board had
approved. He asked for clarification.
Commissioner
Carey said no, she thinks the direction was for staff to look at alternatives
and see what they think would be best.
Ms.
Coto said staff did not interpret the action that way and thought they were
going to have to put everything on hold and bring back information to the
Board.
Commissioner
Van Der Weide said no, they have to move on this. No
objections were voiced.
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Commissioner
Van Der Weide asked how the 104 Fund is going.
He said he is sure staff is going to have to take that into
consideration for the budget, and he thinks that has to be in bad shape.
Ms.
Coto stated residential has dropped off; however, commercial activity has
picked up, which is what is keeping things afloat. This is an area they are concerned about and
are looking at. Staff has retained the
services of KPMG to look at the overall fee structure. She said staff did an internal study, but she
was not as comfortable that they had looked at everything they needed to as
part of that study. She has asked KPMG
to look at all the services to make sure the County is recouping all the costs
associated with permits, plans review, etc.
She will eventually bring something back to the Board if there is a recommendation
to reevaluate the fees. Also, she said
staff is looking at not filling some of those positions as they become
vacant. Staff is monitoring this very
closely.
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Commissioner
Carey reported that she got a call Saturday morning that Lt. John Rogers had
been in a motorcycle accident and was in a coma. She said he passed away last night. She expressed condolences to the family.
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Commissioner
Carey said when Chairman Henley came forward with a recommendation for a 7%
salary increase to the
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to approve the Chairman’s recommendation for a 7%
salary increase to County Manager Cindy Coto, retroactive to her anniversary
date.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey said at the last East Central Florida Regional Council meeting, the
five-year plan for Florida Power & Light’s expansion was reported on. A lot of this will take place in Brevard and
Volusia counties, but there was one site identified in
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Commissioner
Carey said recently at the Florida Association of Counties Conference, there
was a presentation by Dr. Hank Fishkind about how the tax reform will affect
counties. She said she has a copy of the
report and will be happy to share that information. Also, at the conference, Commissioner Theresa
Jacobs from
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Commissioner
Carey said she received notice that NACo has the Energy Star Challenge going
on. She will pass on this information to
the
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Commissioner
Carey announced that on July 3, the Red, Hot and Boom activities will be held
at Cranes Roost in
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Commissioner
Dallari stated for the past couple weeks he has been getting a lot of e-mails
regarding the notice the city of
Mr.
McMillan said he is not sure the County can speak for the city of
Chairman
Henley stated he has gotten a number of e-mails also. Around 5:30 p.m. yesterday, a realtor called
and said he lost two sales that day because the people were not going to annex
and would not sign the form, and, therefore, refused to close on the sale.
Commissioner
Carey said she understood from the City Manager that this was an ordinance
adopted by
Mr.
McMillan said that discussion came up at the meeting last night. He advised Commissioner Dallari that he knows
what the City is doing, but he is not sure it’s legal from his standpoint. He summarized a Supreme Court case hearing in
1995. He said his view would be that if
Commissioner
Dallari stated his frustration is he asked the City Manager to send out a
notice to correct this and she refused.
Chairman
Henley said he and Ms. Coto met with the City Manager and attempted to make the
point that they had been serving that area since the 1970’s and it was not a
new service costing them money and they have been getting 25% of the surcharge
all these years. Apparently, they didn’t
see it that way.
Mr.
McMillan said there is case law that if you’re the water and sewer provider and
prohibit someone from getting water and sewer on property within your
jurisdiction, you can be hit with a takings claim and a Bert Harris claim,
unless you allow them to provide alternative service. He said he doesn’t know how anyone would get
alternative service on these sites.
Mr.
McMillan advised that the County owns a platted lot within
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Commissioner
Dallari said he is continuing the meetings with residents of Chuluota about
Aqua Utilities, and the PSC (Public Service Commission) meeting is today in
Oviedo. He said he got a phone call
during lunch that they have quite a packed house at the meeting. He will continue to work with the residents
there. He will be meeting with a couple
of residents this coming July to see about potential avenues and will bring
that back to the Board.
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Commissioner
Dallari reported that the Seminole County Cultural Arts Council is working with
Steinway Piano to do a program for economically disadvantaged children, ages 6
to 16, to try to provide them a piano.
They are trying to provide five children in
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Commissioner
McLean reported that longtime Lake Mary Police Chief Richard Beary is leaving
to take a position as Police Chief at the
Mr.
McMillan reported on
Chairman
Henley said he will look forward to a report from staff on the next public
hearing.
Commissioner
Van Der Weide asked if progress has been made on the Joint Planning
Agreement. Chairman Henley said a letter
was received from the City desiring to move forward with joint planning on
certain issues.
Ms.
DeBord addressed the Board to state there are two aspects of the JPA under
discussion now. One is dealing with the
Upon
request of Chairman Henley, Ms. DeBord explained the circumstances of the
Commissioner
Dallari said he was informed by the City Manager last week that the property
owner does not want to annex the three lots that will cause the enclave.
Commissioner
McLean said he thinks the ultimate solution would be a JPA-type agreement. He cautioned the Commissioners, however, to
be sure to not get into a case-by-case scenario; to not set up a JPA for this
one particular circumstance and end up having 15 different agreements. He thinks the solution needs to be
comprehensive in scope.
Ms.
Coto said her discussions with the City Manager have been that the County is
not really interested in a JPA to deal with a single parcel, but if the City is
interested in talking about everything from water and sewer to densities to
enclaves, the County would be happy on a global basis to have those discussions
and see if they can come to an agreement on a joint planning agreement. She advised the City Manager she didn’t think
it would be beneficial to either party to have a JPA on the single parcel.
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Mr.
McMillan said they have seen the order on the Charter case and it could be
signed any day now. An appeal would have
to be filed within 30 days. He asked for
the Board’s direction on that.
Commissioner
Van Der Weide said he is not willing to go back to court and challenge the
order. He would like to think the Board
can do what the people told them and come up with at least a starting basis for
the issues before them and move on. He
said there is a committee in
Chairman
Henley said he already expressed that he is not interested in pursuing
that. He is interested in the Board
taking a look at some ethics. The people
are concerned about it and with the perceptions being created by individuals
and comments by the Legislature about abuse and misuse, he thinks it is
important to give some time and thought to come up with some ethics. He thinks there is a desire to lend real
credibility to the Commission and to government in general. He would support the Board visiting that.
Commissioner
Van Der Weide stated he thinks they need to do this expeditiously and not drag
it out.
Commissioner
Carey stated she thinks the Board has done what they were obligated to do,
which was that the County represented the voters and filed the lawsuit and now
that the Judge has ruled against them, she doesn’t think they should throw good
money after bad, knowing they probably don’t have much chance of winning.
Commissioner
Dallari said he agrees they should move post haste if possible. They don’t need to be throwing good money
after bad. They have gotten a decision
so they should move on. Commissioner McLean asked if, as they go
through the process, they could set up some sort of standards of ethical
conduct. He said he understands that the
court ruling does not deal with the Constitutional Officers. That doesn’t mean they can’t voluntarily
adhere to the same standards. The Board
can put that before them and, if they would like to, the Constitutional
Officers can adhere to those standards.
Commissioner
Carey advised there is a code of ethics already, not only for the Commissioners
but for the Constitutional Officers also.
This is set by the State and anyone can file a complaint with the Ethics
Commission and cause an investigation.
Chairman
Henley said he will meet with the
Commissioner
Carey said the
Mr.
McMillan said these drafts would be brought to the Board at the next
meeting. He said he said can bring back
a base draft of the ordinance on ethics as soon as possible, and if there is
anything beyond that that the Board wishes to discuss relative to what comes
out of Orange County next year, they can do that.
Commissioner
Van Der Weide stated some people have indicated they think there is a loophole
in what Mr. McMillan proposes on the land use disclosure issue.
Mr.
McMillan said he had read in the newspaper that some think there is a loophole
in the attorney/client privilege. He
said there is no attorney/client privilege; that belongs to the client and not
the attorney. Any attorney who comes in
and applies for an application for a property owner has to have authorization
from the property owner. The only
exemption is if there is a statute that absolutely prohibits or makes
confidential the name of the owner.
Ms.
Coto stated the Board discussed with the city of
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to approve extending to March 31, 2008,
the city of
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Dallari asked if Ms. Coto had any additional information on this CRA. She said
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Ms.
Coto discussed a letter (copy received and filed) related to the YouthBuild
Program, which was originally endorsed by the Board in 2004. The city of Sanford has made a request to the
County to continue serving on their Advisory Board, give staff assistance with
review of future grant-writing and funding support for ten rehab and small
construction projects per year for a two-year period, averaging $500 per
project. She said the County staff has
reviewed this and believes they can provide a liaison to their Board, but
cannot provide grant-writing services. However, the County can provide some
assistance in knowing what grants to go after.
Regarding the financial support, they would be looking at monies that
are federal or State grants through Dr. Medley’s program and not General Fund
dollars.
Commissioner
Carey said she also received a request from
Chairman
Henley asked if this program has tried to work with
Dr.
Medley addressed the Board to advise SCC is represented on the Advisory Board
and is also coordinating their training program for the youth.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to approve the requests as outlined in the
Letter, as shown on page _______, to the city of
Commissioner
Dallari said he has no problem going along with the approval, but in a
subsequent letter, he would like to see if the city of
Upon
inquiry by Commissioner McLean, Mr. Medley stated he spoke with the Deputy City
Manager and made it clear that the County will not be a grant writer but will
give some technical assistance.
Districts
1, 2, 3, 4 and 5 voted AYE.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:59 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
er/cc