BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
AUGUST
25, 2009
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, August 25, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Bob Dallari (District 1)
Vice
Chairman Mike McLean (District 2)
Commissioner
Dick Van Der Weide (District 3)
Commissioner
Carlton Henley (District 4)
Commissioner
Brenda Carey (District 5)
Clerk of
Circuit Court Maryanne Morse
County
Manager Cindy Coto
County
Attorney Robert McMillan
Deputy
Clerk Sandy McCann
Pastor
Joe Wendorph, Markham Woods Presbyterian Church, Lake Mary, gave the
Invocation.
Commissioner
Brenda Carey led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2009-R-168, as
shown on page _______, supporting the efforts of West Point Societies of
Florida in obtaining a legislative waiver or exemption from the requirements of
Florida Statute 320.08053, which calls for a scientific study to allow for the
creation of a specialty license plate honoring the West Point National
Academy.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Jack Hausey who addressed the Board to express his
appreciation.
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Motion by Commissioner
Carey, seconded by Commissioner McLean to adopt appropriate Resolutions #2009-R-165,
#2009-R-166 and #2009-R-167, as shown on page _______, in support of the three
High Speed Intercity Passenger Rail pre-applications submitted by the Florida
Department of Transportation.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recessed the meeting at 9:36 a.m., in order to convene the meeting of
the U.S. Highway 17-92 Community Redevelopment Agency.
U.S.
HWY. 17-92 CRA
John
Metsopoulos, Planner, addressed the Board to present request for approval of
CRA utilities and maintenance operating costs.
He advised the proposed transfer of $35,000 is expected to cover
estimated costs for the remainder of the fiscal year.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to adopt appropriate Budget Amendment
Resolution #2009-R-179, as shown on page _______, transferring $35,000 out of
CRA Capital Reserves into the FY 08/09 CRA Budget to fund additional operating
and maintenance costs for the remainder of the fiscal year.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman adjourned the meeting of the U.S. 17-92 CRA at 9:39 a.m., and
reconvened the BCC meeting at this time.
COUNTY
MANAGER’S CONSENT AGENDA
County
Manager Cindy Coto presented her agenda, advising she is pulling Item #25, Public Safety Fee Resolution, and Item #26,
Animal Control Fee Resolution, and will bring them back to the Board at a
future date.
Commissioner
Carey discussed Item #6, Contract for sale and purchase of land from Avery
Wisdom. She said from the aerial, it
appears there is a building on the subject property and before the County
surpluses it, she would like to have a site visit. She requested Director of Leisure Services
Joe Abel to schedule same with her office.
The
Chairman stated there are additional questions on this item (#6), therefore, it
is being pulled from the agenda and
brought back at the next BCC meeting.
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve and authorize the following:
Administrative Services
Purchasing
and Contracts
4. Award
RFP-600679-09/BJC - COBRA Administration and Group Term Life and AD&D Insurance
as follows: COBRA Administration to Conexis, Tierra Verde; Group Term Life Insurance
and AD&D Insurance to The Standard, Tampa.
5. Extend
E-911 Lease with BellSouth of Jacksonville for a period of six (6) months or
until the current system is replaced with the new Viper System, at the current
pricing, terms and conditions.
Support
Services
6. Continued until next meeting, request
to approve and authorize the Chairman to execute the County Resolution,
Contract for Sale and Purchase of Land, County Deed and Board of Trustees of
the Internal Improvement Trust Fund, managed by the Florida Department of
Environmental Protection (FDEP) of the State of Florida's Partial Release of
Restriction and Reverter for the vacant 0.21 acre portion of Parcel
#32-19-32-300-020C-0000, to Mr. Avery Wisdom, 2030 Pleasant Point Dr., Geneva,
FL 32732, for the amount of $14,400.00 to be held in escrow for the Board of
Trustees of the Internal Improvement Trust Fund.
7. Approve
and authorize the Chairman to execute the County Resolution #2009-R-169, as
shown on page _______, Joint Facilitation of Public Infrastructure Agreement, as
shown on page _______, Drainage and Retention Pond Easement, as shown on page
_______, Termination of Easement, as shown on page _______, and County Deed, as
shown on page _______, with the Oaks at Lake Mary, Ltd. and Oaks Out, LLC,
respectively, for Parcels #17-20-30-300-0310-0000 (a Seminole County owned
vacant 0.37 acre lot), 17-20-30-300-0050-0000 (a Seminole County Retention
Pond), and 17-20-30-300-0060-0000 (Oaks at Lake Mary Ltd. property).
Community Services
Community
Assistance
8. Approve
and authorize the Chairman to execute the Seminole County/Habitat for Humanity
in Seminole County, Florida, Inc. SHIP Program Developer Agreement, as shown on
page _______.
9. Approve
and authorize the Chairman to execute appropriate Resolution #2009-R-170, as
shown on page _______, appointing Cynthia Hamilton-Smith to the County's
Affordable Housing Advisory Committee (AHAC).
10. Approve and authorize the Chairman to execute the Satisfactions of
Second Mortgage, as shown on page _______, for households assisted under the
County's Home Ownership Assistance Program or the Emergency Repair Housing
Program for the following: Reuvenia
Burch, Carlos G. Diaz, Nakicha Bonita Dunn, Geoffrey Durand, Billy E. Fisher,
Faye Annette Floyd, Rosario Gil/Mancebo, Harvey Gillison, Carolyn Felicia
Jodejuan, Rae A. Johnson, Azucena E. Mejia, Elizabeth Montgomery, Ashley Robyn
& Brett Michael Pelfrey, Jose Vicente Pindea, Ashley Nicole Petrosky, Elvin
J. & Eulalia Roman, and Rebecca Wright.
Probation
11. Approve and authorize the Chairman to execute the Satisfaction of
Order of Judgment, as shown on page _______, for Cost of Supervision for Marc
R. Tyson.
Environmental Services
Business
Office
12. Approve the Fourth Amendment, as shown on page _______, to Seminole
County/City of Lake Mary Exclusive Wholesale Sewage Treatment and Disposal
Agreement.
13. Approve the Release of the original Water and Sewer Cash
Maintenance Bond in the amount of $1,152.00 for the project known as Dunn &
Stavastano Dental Office.
14. Approve the Release of the original Water and Sewer Maintenance
Bond in the amount of $37,911.50 for the project known as Walden Chase.
15. Approve the Release of the original Water and Sewer Maintenance
Bond in the amount of $50,000.00 and Amendment #1 changing the amount to
$5,575.00 for the project known as Vantage Point.
Fiscal Services
Administration
– Fiscal Services
16. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-171, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-97 through the Tourist Development Fund Reserve in the amount
of $550,000.00, to increase funding for the Tourist Development Fund debt payoff.
Budget
17. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-172, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-99 through the Community Services Stimulus Grants Fund in the
amount of $648,202.00, to increase funding for the (ARRA) Community Development
Block Grant Recovery Program grant.
18. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-173, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-100 through the Public Works Grant Fund in the amount of
$50,000.00, to establish and fund the Wilson Road Sidewalk project.
19. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-174, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-101 through the Public Works Grant Fund and the Stormwater
Fund in the amount of $1,866,432.00, in order to correct the segregation of funding
of previously established grants and aids for the Midway Regional Stormwater Facility.
20. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-175, as shown on page _______, implementing Budget Amendment
Request (BAR) #09-102 through the General Fund in the amount of $30,000.00, in
order to purchase Client Tracking & Reporting Software for the Community
Services Department.
21. Approve and authorize the Chairman to execute Budget Change Request
(BCR) #09-18 through the Water & Sewer Operating Fund in the amount of
$10,000.00, for substitute equipment purchase.
MSBU
22. Approve and authorize the Chairman to execute Certification, as
shown on page _______, of the Consolidated 2009 Non-Ad Valorem Assessment Roll.
Planning and Development
Planning
23. Approve the Release of Lien, as shown on page _______, in the
amount of $8,750.00, Case No. 00-91-CEB, on 9715 Bear Lake Road, Apopka, Tax
Parcel #17-21-29-5BG-0000-079A, Thomas Zimmerman (previous owner) and Gibraltar
Real Estate & Investment, Inc.(current owner), and authorize the Chairman
to execute same.
24. Approve the request for a Special Event Permit for the Rhyan's Hope
Run to Hear 4-Mile Run event on September 19, 2009, located at the north side
of the intersection of Wekiva Springs Road and Fox Valley Drive
Public Safety
Administration
– Public Safety
25. Withdrawal of request to
approve and authorize the Chairman to execute a Resolution revising Seminole
County Administrative Code, Section 20.38, Public Safety Fees.
Animal
Services
26. Withdrawal of request to approve and authorize the Chairman
to execute a Resolution revising Seminole County Administrative Code, Section 20.5,
Animal Services Program.
Public Works
Engineering
27. Adopt appropriate Resolution #209-R-176, as shown on page _______,
and authorize the Chairman to execute a Locally Funded Agreement, as shown on
page ________, with the State of Florida Department of Transportation to
Facilitate Acquisition of Right-of-Way for the Widening of State Road 46 from
Mellonville Avenue to State Road 415. (FDOT Financial Management No.
240216-3-43-01) Authorize issuance of a check in the amount of $1,027,746 from
funds in the County’s proposed 2009/2010 Fiscal Year Budget to be paid to the
Florida Department of Transportation by November 1, 2009. Authorize issuance of
a check in the amount of $2,400,000 from funds in the County’s proposed
2010/2011 Fiscal Year Budget to be paid to the Florida Department of
Transportation by November 1, 2010.
28. Approve and authorize the Chairman to execute a Purchase Agreement,
as shown on page _______, between Hidden Village Condominium Association, Inc.,
and Seminole County for property needed to construct and maintain a sidewalk
adjacent to Greenwood Boulevard. Capital Improvement Project Number 00192907.
29. Adopt appropriate Resolution #2009-R-177, 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 the south side of Wilson Road from Emmett Avenue
to International Parkway. (FDOT ~ FPN: 425823-1-38-01).
Roads
- Stormwater
30. Approve and authorize the Chairman to execute the Cost Share
Agreement, as shown on page ________, between the St. Johns River Water
Management District (SJRWMD) and Seminole County for Evaluation of Hydrologic
and Nutrient Loadings from Groundwater Seepage Entering Lake Jesup - Seminole
County TMDL Assessment.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Henley, seconded
by Commissioner McLean to approve and authorize execution of the Purchase
Agreement, as shown on page _______, relating to Parcel #116, Luis R. &
Jennie Nieves, of the road improvement project for Chapman Road, in the amount
of $15,000, for full settlement of all claims for compensation from which
Seminole County might be obligated to pay relating to this parcel.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
CLERK’S
OFFICE
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve and authorize the following: Expenditure Approval Lists, as shown on page
_______, dated July 27 & August 3, 2009; Payroll Approval List, as shown on
page _______, dated July 23, 2009; Official BCC Minutes dated July 28, 2009;
and execution by all Commissioners of the 2008 Property Tax Roll Recapitulation
Report, as shown on page _______, identifying errors, insolvencies,
double-assessments and discounts.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “received &
filed”:
1. Amendment #1, as shown on page _______, to IFB-3114-05, Bio-Tech
Medical Waste Transfer, Inc.
2. Proof of publication, as shown on page _______. for the VAB
organizational meeting on July 23, 2009.
3. Memorandum to Ann Colby from David G. Shields regarding Ritchie
v. Seminole County, Case No. 2008-CA-6465-16-K.
4. Assistant and Associate Tennis Pro Agreement, as shown on page
_______, with Daniel Colon.
5. Closeout, as shown on page _______, of Work Orders #3, #4, #6, #7
and #8 to CC-2184-07.
6. Change Order #4, as shown on page _______, to CC-2059-07.
7. Amendment #1, as shown on page _______, to Work Order #5 for
PS-0722-06.
8. Work Order #58, as shown on page _______, to PS-1074-06.
9. Change Order #5, as shown on page _______, to CC-2059-07.
10. Amendment #1, as shown
on page ________, to IFB-600445-08, Simplex Grinnell, L.P.
11. Amendments #1, as
shown on page _______, to M-4000-08 and M-4003-08, PBS&J.
12. Amendment #2, as shown
on page _______, to Work Order #1 for PS-2014-07.
13. Parks Contract, as
shown on page _______, for Services with David W. Smith.
14. Amendment #1, as shown
on page _______, to IFB-600515-08, Henry Schein Animal Health.
15. Maintenance Agreement,
as shown on page _______, with Original and Amended and Restated Letter of
Credit #3169 in the amount of $11,504 for Ligonier Ministries, Inc.
16. Change Order #3, as
shown on page _______, to Work Order #2 for CC-2183-07.
17. IFB-600695-09 Term
Contract, as shown on page _______, with P.C.S. Pest Control, Inc.
18. E-mails dated July 27,
2009, to Maryanne Morse, Clerk, from Sabrina O’Bryan and from Bruce McMenemy to
Sabrina O’Bryan regarding replacement BCC agenda document for Item #6 (July 28,
2009).
19. Letter to Maryanne
Morse, Clerk, from Longwood City Clerk Sarah M. Mirus, with certified copy of
annexation ordinance adopted by the City.
20. Work Order #73, as
shown on page _______, to PS-5120-02.
21. Work Order #25, as
shown on page _______, to CC-1284-06.
22. Addendum #1, as shown
on page _______, to the Second Amended and Restated Oakmonte Senior Villages
PUD Developer’s Commitment Agreement.
23. Conditional Utility
Agreements, as shown on page _______, for Water and Sewer Service with Gulamali
Jaffer.
24. Tennis Developmental
Instructor Agreement, as shown on page _______, with Jon Axel Jonsson.
25. Amendment #2, as shown
on page _______, to Project Agreement No. 69-4209-9-1722, United States Dept.
of Agriculture Natural Resources Conservation Service.
26. Change Order #3, as
shown on page _______, to CC-3519-08.
27. Closeout, as shown on
page _______, of CC-2945-07.
28. Amendment #1, as shown
on page _______, to Term Contract RFP-600157-07, Maudlin International Trucks,
Inc.
29. E-mails dated July 29
and July 30, 2009, from Bruce McMenemy to Cindy Coto and from Cindy Coto to
Bruce McMenemy inquiring about draft report by R. W. Block Consulting on the
CH2M Hill audit.
30. Change Order #11, as
shown on page _______, to RFP-0613-06.
31. Work Order #24, as
shown on page _______, to CC-1284-06.
32. E-mails dated July 29,
30 and 31, 2009, from Bruce McMenemy to Cindy Coto and from Cindy Coto to Bruce
McMenemy regarding payment of invoice from R. W. Block Consulting.
33. Maintenance Bond, as
shown on page _______, in the amount of $5,962.67 for the Colonial
Infrastructure Roadway.
34. Change Order #2, as
shown on page _______, to Work Order #28 for CC-1075-06.
35. Customer Agreement, as
shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow,
Distribution, Delivery and Spray Easement with Savannah Meridian Acquisition
Group, LLC.
36. Letter, as shown on
page _______, of acceptance of water system and portion of the sewer system and
Bill of Sale for Ligonier Ministries, Inc.
37. Development Orders, as
shown on page _______, for Bart & Trish Oliva, #09-50000002; and the
Lighthouse Baptist Church of Central Florida (Monocross Camouflage Communication
Tower), #09-8000011.
38. Work Order #3, as
shown on page _______, to PS-1666-07.
39. Work Order #41, as
shown on page _______, to CC-1075-06.
40. Bids as follows: CC-4626-09; RFP-600702-09; and CC-4623-09;
and CD of Solicitation Files for CC-4270-09.
REGULAR
AGENDA
Director
of Fiscal Services, Lisa Spriggs, addressed the Board to request direction with
regard to selection of the Senior Underwriter for the Water & Sewer Capital
Program.
Upon
inquiry by Chairman Dallari, Ms. Spriggs stated she will confirm what the split
was in 2007.
Commissioner
Carey said Citigroup did a fabulous job the last time. She further said she believes the County’s
bond ratings are very important and, therefore, she would recommend using them
again.
Motion by Commissioner
Carey, seconded by Commissioner Henley to select Citigroup Global Markets as
the lead Senior Underwriter for the Water & Sewer Capital Program, with
Banc of America Securities, LLC, and Fifth Third Securities being underwriters.
Under
discussion, Commissioner Carey asked staff to bring back a recommendation later
in this meeting or at the next on the percentage split.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Planner,
Tony Matthews, addressed the Board to request direction with regard to
appointments to the 2010 U.S. Census Bureau Complete County Committee. He advised that staff notified over 4,000
residents asking for interest in serving on this committee. A list of candidates was received and
filed. He said there are four cities who
expressed an interest to participate. He
added that once the committee is formed, he would like to attend the Mayors and
Managers Meeting to promote participation by the balance of the cities.
Upon
inquiry by Commissioner McLean, Mr. Matthews advised that there is no limit on
the number of appointees to the committee.
Commissioner
Carey noted that there is only one business-interest representative on the
proposed list and she said she believes staff and the Board need to reach out
to the business community so that more can be appointed. Whereupon, Chairman Dallari agreed and also
suggested that each city also have a representative, as well as the Chambers.
Commissioner
Carey also asked to review the applications before making a decision on who is
to be appointed Chairman of the committee.
Motion by Commissioner Henley, seconded
by Commissioner Carey to continue until the next BCC meeting consideration of
the appointments to the 2010 U.S. Census Bureau Complete Count Committee so
that representatives from all cities, the chambers and business community can
be included in the appointments.
Under
discussion, Commissioner McLean stated that he has no issue with the committee
appointing their chairman themselves.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Director
of Planning & Development, Dori DeBord, addressed the Board to present the
Joint Planning Agreement with the city of Sanford, advising the agreement
addresses planning studies and land development code issues. She added that the term is for five years,
with a five-year option for renewal.
Commissioner
Carey stated this agreement has been negotiated for eight long years and even
though it has not been signed, they have implemented many of the ideas in it as
development has progressed.
Commissioner
Henley stated he is not pleased with the proposed agreement as he does not like
some of the language and believes it is too prescriptive. He said he also believes the design standards
are going to drive up the cost of development – such as the requirement to bury
power lines. He added that he cannot
support the agreement as written. Discussion
ensued.
Chairman
Dallari expressed his concern that SeminoleWay is not mentioned in the
agreement.
Commissioner
Van Der Weide stated it appears the agreement is written in the favor of the
city of Sanford and he is surprised at some of the property rights’ issues in
it.
Commissioner
Carey said that there is nothing in the agreement that denies anyone from being
able to develop their property. However,
she further said that based on the Commissioners’ concern, she would suggest
continuing this in order to give the County and City staffs an opportunity to
work out these issues.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to continue discussion of the Joint Planning
Agreement with the city of Sanford in order for the County and City staffs to
have an opportunity to work out concerns voiced by Commissioners.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms. DeBord
stated staff will take this back up with the City keeping in mind the
Commissioners’ concerns.
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Ms. DeBord
presented the Interlocal Agreement with the city of Casselberry with regard to
Seminola Boulevard parcels, advising the City is interested in developing a
passive park site along Seminola Boulevard and wishes to acquire several
parcels of land and a retention pond owned by the County. She further advised the City would continue
to maintain the pond at City standards and the County would retain a permanent
drainage easement over the pond to ensure efficient stormwater runoff as it was
originally designed. Also, the County
and the City would work together on any future expansion of the pond and no
boat dock will be allowed. She stated
that if the City cannot construct the park within five years from the effective
date, the land shall revert back to the County.
She added that the City adopted a resolution in support of this
agreement last night.
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve
the Interlocal Agreement, as shown on page _______, with the city of
Casselberry with regard to the Seminola Boulevard parcels; and authorize the
Chairman to execute same.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S BRIEFING
The Board
noted, for information only, the Budget Amendment Status Report FY 2008/09 for
the period ending July 31, 2009.
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A brief
discussion ensued with regard to Item #33, Selection of Senior Underwriter for
Water & Sewer Revenue Bonds, Series 2009.
Financial Advisor, Gary Akers, addressed the Board to advise the
allocation on the last issue was 40-30-30.
However, he said that was an unusual situation and he would recommend a
split of 50-25-25 this time.
Motion by Commissioner
Van Der Weide, seconded by Commissioner Cary to approve the recommendation of
the Financial Advisor and allocate a 50-25-25 split with regard to the Water
& Sewer Bonds, Series 2009 Underwriter services.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari advised he is receiving a lot of phone calls on the Stormwater Fee and
he would like to make sure staff is prepared to discuss this during this
afternoon’s meeting.
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The
Chairman recessed the meeting at 10:20 a.m., reconvening at 1:31 p.m. with all
Commissioners and all other Officials with the exception of Deputy Clerk Sandy
McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner
Van Der Weide, seconded by Commissioner McLean, to authorize filing the proofs
of publication for this meeting’s scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
SEMINOLE
COUNTY PORT AUTHORITY BUDGET
Proof of publication, as shown on page _______, calling for a public
hearing to consider approval of the Seminole County Port Authority Budget for
Fiscal Year 2009/2010, received and filed.
Lin Polk,
Budget Manager, addressed the Board to present the request for approval of the
proposed Port Authority Budget.
Andrew Van
Gaale, Administrator, and Dana McBroom, Chairwoman,
addressed the Board. Mr. Van Gaale reviewed the current year’s budget and the proposed
Port Authority Budget for 2009/2010, stating the Port Authority Board will
present to the BCC this year $600,000 of surplus funds. He explained this is a little less than the
original budget due to last year, they froze their rate increases on the
tenants; there were a number of emergency repairs following Hurricane Faye; and
they had a major tenant deferral on some payments. He said the total budget for 2009/2010 is
$2,754,633 with a projected profit of $822,875.
They have budgeted $800,000 of surplus funds for the County for
2009/2010. He stated the Port of Sanford
is in a very strong position financially and they have healthy reserves of
nearly 28% of the budget and the occupancy is just over 90%.
Commissioner
Van Der Weide stated that under the circumstances, the Port Authority has done
an excellent job.
Commissioner
McLean congratulated the Authority Board, considering the fiscal
challenges. He said it is an excellent
Board and they have sustained excellence for a number of years.
Commissioner
Carey asked Mr. Van Gaale if, as he does projections,
does he see the numbers getting back up close to the
long-range plan of $1 million per year to be presented to the BCC. Mr. Van Gaale
stated they do a five-year capital improvement plan and the $1 million
committed per year is not sustainable as the infrastructure ages. He said he will not have the 82 tenants if
the buildings collapse, the roof continually leaks, and if they are open to
exposure. He said there is some
deferred maintenance he is trying to catch up on. He thinks next year’s budget is indicative of
the future and $600,000 to $800,000 is reasonable. He said the $1 million might be achievable in
the future. Discussion continued.
Upon
inquiry by Commissioner Henley, Ms. Coto said staff had modified the budget for
$600,000 from the Port Authority because the Authority had advised the amount
would be less than originally projected.
Staff has also made the corrections going into next year.
Mr. Van Gaale discussed with Commissioner Henley the current
vacancies. He said his philosophy is
based on their profit level. That is
what he considers surplus funds and he thinks it is appropriate to give the
County Commission slightly less than the profit.
Commissioner
Van Der Weide stated the Port is having the same problem with their budget as
they are and everybody in the community.
He thinks they are doing a wonderful job. He doesn’t think the Commission can expect
the Port Authority to do something that the community itself isn’t doing.
Commissioner
Carey said with the tenants struggling to pay rent, that’s going to hurt the
Authority’s bottom line and they understand that. She agrees that the Port is doing a great
job.
Commissioner
Henley asked Mr. Van Gaale if anything occurred in
the Legislature on the bills that were prepared to be submitted. Mr. Van Gaale said
it did not happen this year and they will do that again next year. He explained the problem with the
advertising. Further, he advised
Commissioner Henley that the Port is audited every year.
Chairman
Dallari stated there is no doubt that Mr. Van Gaale,
staff and the Authority Board are doing a fantastic
job. He thanked everyone for that.
John
Horvath, 1004 Bradford Drive, addressed the Board to state he remembers when
the Port was started and he is glad to see it is doing well. He thinks it is one of those assets in
Seminole County that a lot of the taxpayers don’t realize they have. He would like to see the Port get a little
recognition for what it does for the County’s economy and economic development.
No one
else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by Commissioner
Van Der Weide, seconded by Commissioner Henley, to approve the Seminole County
Port Authority’s Budget for FY 2009/2010, as shown on page _______, totaling
$2,754,633; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted
AYE.
ORDINANCE
AMENDING SEMINOLE COUNTY CODE 50.1
Proof of
publication, as shown on page _______, calling for a public hearing to consider
enactment of an Ordinance to amend the Seminole County Code, Section 50.1,
“Traffic Infraction and Citation Surcharge,” increasing the surcharge for the
maintenance of court facilities from $15 to $30 on both noncriminal infractions
and those criminal offenses listed in Section 318.17, Florida Statutes,
received and filed.
Cecilia Monti, Fiscal Services, addressed the Board to present the
request.
John
Horvath stated he understands now the reason for the fee is because of unfunded
mandates.
Clerk of
Court Maryanne Morse requested that the effective date of the ordinance be
October 1. She said she has already done
all the fee charts for the July 1 legislation and this goes out to all the law
enforcement community. She will do that
again with bills coming up due October 1.
That will allow her to make one change rather than one mid-month, along
with computer changes, and again three weeks later.
No one
else spoke in support or in opposition.
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to enact Ordinance #2009-27, as shown on page
_______, amending the Seminole County Code, Section 50.1, “Traffic Infraction
and Citation Surcharge,” increasing the surcharge for the maintenance of court
facilities from $15 to $30 on both noncriminal infractions and those criminal offenses
listed in Section 318.17, Florida Statutes, as described in the proof of
publication, with the revision stated by the Clerk for the Ordinance to be
effective October 1, 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
ORDINANCE AMENDING CHAPTER
160, SEMINOLE
COUNTY CODE, SECTION 160.12
Proof of
publication, as shown on page _______, calling for a public hearing to consider
enacting an Ordinance amending Chapter 160, Part I, Article II, Section 160.12,
Seminole County Code; providing for the expansion of the Seminole County Fire
District Municipal Services Taxing Unit to include the entire incorporated area
of the city of Winter Springs; providing that the annual millage shall be
within the statutory cap with respect to the city of Winter Springs; providing
for codification; providing for severability, and providing an effective date,
received and filed.
Ms. Monti presented the request.
John
Horvath stated he has been following this fire district for several years. He is glad to see this working for the city
of Winter Springs. He said it is working
in Altamonte Springs and there are very few problems with personnel.
No one
else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to enact Ordinance #2009-28, as shown on page _______,
amending Chapter 160, Part I, Article II, Section 160.12, Seminole County Code;
providing for the expansion of the Seminole County Fire District Municipal
Services Taxing Unit to include the entire incorporated area of the city of
Winter Springs; providing that the annual millage shall be within the statutory
cap with respect to the city of Winter Springs; providing for codification;
providing for severability, and providing an effective date; as described in
the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
RESOLUTION ADOPTING STREET
LIGHTING
NON-AD VALOREM ASSESSMENT
ROLLS
Proof
of publication, as shown on page _______, calling for
a public hearing to consider adoption of a Resolution adopting the 2009 non-ad
valorem assessment rolls for street lighting MSBU’s subject to first-time levy,
received and filed.
Kathy
Moore, Fiscal Services, addressed the Board to present the request.
At
the request of Commissioner Carey, Ms. Moore explained for the public what the
street lighting option is.
John
Horvath stated he knows street lighting districts work because he is in
one. He said this is another program
that has been successful.
Frida B. Dea, 1630 Lakelet Loop, addressed the Board to state her neighbor
tried to tell her three or four times it is necessary to have the lights paid
for by each homeowner. They were paying
through the Homeowner’s Association. She
said she wants to understand how this works.
Chairman
Dallari explained the process is to have the County to charge for the lights
instead of the Homeowners’s Association. He advised Ms. Dea
that the County does not control the HOA or the dues.
Commissioner
Carey explained further how the HOA is governed by a board of directors and the
citizens of that community, and the approved budget usually determines what the
HOA dues are going to be.
Ms.
Moore said she spoke with Ms. Dea earlier. She explained that the information Ms. Dea received was from the neighbors and the HOA, and that
the County employees did not misrepresent the MSBU program.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt appropriate Resolution #2009-R-178, as shown
on page _______, adopting the 2009 non-ad valorem assessment rolls for street
lighting MSBU’s, subject to first-time levy, as identified for Hanover Pointe,
Markham Forest, Sandy Lane and Regency Estates; as described in the proof of
publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari recessed the meeting at 2:10 p.m. and reconvened it at 2:16 p.m. with
all Officials present.
REGULAR
AGENDA, Continued
Meloney Lung, Support Services Manager, addressed the Board
to present the request for award of RFP-600679-09/BJC, Group Medical Benefits
and FSA Administration, as recommended by the Risk Management Committee. Ms. Lung reviewed the time line leading to
the request. She advised that the Risk
Management Committee met today and recommended Blue Cross Blue Shield (BCBS),
self-insured with a clinic. She said
staff is seeking authorization to negotiate and contract with the selected
carriers.
Upon
inquiry by Commissioner Carey, Ms. Lung reviewed that that the recommendation
of the Evaluation Committee was for United Health Care, self-insurance, fully
funded and no clinic. Whereupon,
Commissioner Carey said it looks to her like self-insurance has considerable
risks to the County at this particular time with the claims rating. She said she is concerned about doing that at
a time when they have a tough budget economy against them. She said she’s not sure the timing is right to
start a clinic. It appears the most
cost-effective for the County, without any risk, is what the Evaluation
Committee recommended with United Health Care, fully funded; Blue Cross Blue
Shield, fully funded, being second, and Aetna being third.
Commissioner
Carey asked questions about the clinic and discussed what has to be done to
make it successful. Ms. Lung advised
that Care Here is the recommended agency for the clinic. Commissioner Carey discussed with Andria
Herr, Consultant, that Care Here’s cost is the highest at $1.2 million.
Commissioner
Carey asked if the Board moves forward with a clinic as being recommended, do
they have a proposal as to where the clinic will go.
Ms.
Coto said not at this time. She said
staff would look for an existing facility and would have to expend funds to
renovate an existing building to serve as a clinic.
Commissioner
Van Der Weide said he knows of a building the Veterans Association used for
quite awhile, and he believes the County owns that building. He asked if staff has checked what is being
talked about with the employees, like directing them to Wal-mart
for prescriptions for instance.
Andria
Herr stated at open enrollment they encourage the employees to go to Wal-mart and Publix.
They also give out the web sites and encourage the employees to not use
the medical I.D. card and get prescriptions at a reduced price.
Commissioner
Carey asked if the out-of-network coverage issue was resolved with Blue Cross
Blue Shield.
Ms.
Coto said that has not been resolved.
Blue Cross Blue Shield has said that is their corporate policy. Whereupon, Commissioner Carey said she has
concerns about that. She said she thinks
this is a huge issue for the employees; and it’s a problem if that is Blue
Cross Blue Shield’s corporate policy.
Mr.
McMillan said this issue has now been resolved, because they have said it is
not covered. Blue Cross has made it
clear in this renewal that it isn’t covered, so there is no more dispute over it.
Commissioner
Carey discussed that BCBS has the most experience being an insurance provider
with the clinic concept but gave the least reductions in their best and final
offer. She asked what the vote was on
the Risk Management Committee to move this recommendation forward, and
Commissioner Henley stated the vote was three to two.
Motion by Commissioner
Carey to approve to negotiate RFP-600679-09/BJC with United Health Care, fully
insured, with no clinic for Group Medical Benefits and FSA Administration.
Chairman
Dallari called for a second to the motion three times without response,
therefore, the motion died for the
lack of same.
Motion by Commissioner
Henley, seconded by Commissioner Van Der Weide, to authorize staff to negotiate
rates for RFP-600679-09/BJC with Blue Cross Blue Shield for Group Medical
Benefits and FSA Administration, and re-insurance to Symetra
for the self-insured option with the Clinic model; as recommended by the Risk
Management Committee.
Under
discussion, staff advised Commissioner Carey they will negotiate the rates with
Blue Cross Blue Shield and on the self-insurance portion, because the rates are
not set until the agencies receive claims experience through October. Staff will come back with the Clinic.
Districts
1, 2, 3, and 4 voted AYE.
Commissioner
Carey voted NAY.
Ms.
Lung clarified that staff will bring back the final negotiated contract with
Blue Cross Blue Shield and will bring back the Care Here contract and contract
with Symetra.
BUDGET
PRESENTATION FOR FY 2009/10
Ms.
Coto stated at the August 11, 2009, BCC meeting staff was asked to come back
with information relating to the FY 2009/10 Budget and present the Board with
some supplemental information. Copy of
letter to the Board from Ms. Coto dated Aug. 20, 2009, with the PowerPoint
presentation was received and filed. Ms.
Coto reviewed her letter and began the slide presentation covering the
following topics: General Revenue Funds
and Reduction in Workforce.
Commissioner
Carey requested to know what the total workforce was, excluding firefighters,
in 2007 and what it is today with all the reductions.
Ms.
Coto continued with General Revenue Funds; Forecast: General Revenue Funds; and Reason for
Recommended Millage Rate at Rollack; Reason for
Recommended Stormwater Utility. Ms. Coto explained the notices for stormwater and talked about the phone calls coming in as a
result of the notices sent. She said the
staff is going through and identifying each of the parcels and making
adjustments to those.
Chairman
Dallari asked is it possible on the residential side only to do a flat base
rate for the first year only. This would
be so they have the appropriate time to make sure staff actually goes out and
meets with the property owner, looks at the GIS files and determine what’s wet,
what’s been disturbed and what’s been left natural.
Mr.
McMillan stated that’s something the staff can look at between now and the
hearing on the ordinance. He said the
base factor in doing any assessment is that it has to be in proportion to the
demand before it becomes a tax. He
thinks staff can look at it and come up with a scenario to accomplish that.
Commissioner
McLean said part of why they’re looking at this is because this is a federal
mandate and the longer they wait, the more challenging that mandate will be. He asked Mr. McMillan to comment on the
concept of capping the fees. He said for
those 11,000 properties, if they have one citizen who feels the County has not
done its job correctly, they need to have a clear, defined appeal process. He thinks the crediting is something they
need to get across to the residents.
Commissioner
Carey said it is obvious they have put the burden of what the fee is going to
be on the property owner, because it’s up to them to come in and say they have
been miscalculated. She said she doesn’t
think people are going to understand it.
She asked if all the cities have flat rates.
Gary
Johnson, Public Works Director, addressed the Board to state he would not
describe the cities as having a flat rate, but it is based on impervious
area. There is probably less variation
of rates.
Upon
further inquiry by Commissioner Carey on the TMDL issue, Mr. Johnson said the
County is in good shape for the next five years on the TMDL issue for the Lake
Jessup Basin. Staff is in the process
now of developing other TMDL’s and there will be other impaired water bodies
over the next few years.
Commissioner
Carey said she thinks for them to be levying a tax at the worst possible time
the Country’s ever seen, maybe the timing is wrong; and she thinks they may
have rushed into this and that’s why they have such discrepancies across the
board.
Commissioner
Van Der Weide said the reason they have to have this tax, relative to the
staff’s position, is because the County has 16 water basins and over the years,
they have been funding those issues out of the General Fund. Now, they are in a big bind, so this tax can
be spent to replace the money they spend every year in the budget for stormwater and also to comply with the new
regulations. He said they have to cut
somewhere or come up with some way to replace those funds they have spent every
year. Whereupon, Commissioner Carey said
she heard staff say at the worksession that if the
Board doesn’t approve a stormwarter tax, they would
take those projects out of the capital improvements program for the next year
or so.
Commissioner
Henley questioned when the clock started ticking on the 15 years. Mr. Johnson they are in year one.
Chairman
Dallari discussed with Mr. Johnson what the penalty would be if the County does
not comply. He said this will be
reviewed every five years. He heard the
penalty would be up to a maximum of $1,000 per day per outfall. Discussion continued.
Commissioner
Carey questioned what the lawsuit is about that Orange County has with DEP.
Kim
Ornberg, Public Works, addressed the Board to advise
the nutrient criteria is being challenged and she
discussed the TMDL’s.
Commissioner
Carey asked Mr. McMillan to find out about that lawsuit and report back to the
Board on same.
Ms.
Coto continued her presentation with review of Forecast: General Revenue Funds and summarized the
other information provided as requested by the BCC at the Aug. 11 budget worksession that includes the identification of budget
adjustments to date; recap of reductions by department; recap of reductions in
office supplies, operating supplies, travel and per diem, and publications,
training and licenses; a refinement of programs added over the last 10 years
and associated impact on the General Fund; program and service level reductions
for the Board’s consideration, and lease space associated with the Tax
Collector and Clerk of the Court.
Chairman
Dallari stated he thinks Ms. Coto, her staff and Mr. McMillan have done quite
an exemplary job going through this budget.
He complemented them on doing that.
He said the Commissioners have all met with Ms. Coto individually and
told her of items that can be cut. The
biggest issue in his mind now is stormwater. Mr. McMillan is going to be looking at a base
rate for residential to see if that can be done. He thinks over the next couple of weeks to
address all 11,000 properties will be very difficult.
Upon
inquiry by Commissioner Carey, Mr. McMillan said he doesn’t see how they can do
a flat rate where no matter what the parcel is, what size it is and no matter
what it’s used for, all parcels would get assessed the same rate. Commissioner Carey corrected that she
described a vacant lot, single-family home, a multi-family residential and
commercial. She was saying a flat rate
for four different categories.
Whereupon, Mr. McMillan said it was clear now that he is to look at
options.
Chairman
Dallari stated he realizes with these hard economic times, it is difficult for
anyone to look at any type of increase, fee-based or a tax rate, but the Board
is looking at some unfunded mandates from the state and federal
government. The Clean Water Act is one
they are trying to address. Each year
they put it off will cost the citizens more on an annual basis. He said in going through all the line items,
he believes the County Manager does have room to cut specific items and she is
making some changes. He would like to
see the County get down to a 4.90 tax rate.
That would help individuals with a stormwater
fee and also allow the staff to look at how to trim the budget and get it more
in line. He and Ms. Coto advised that
would amount to about an additional $3 million.
Commissioner
Carey referred to page 18 of the information on the comparison of travel,
office supplies, operating supplies and books, dues and publications and
questioned why Ms. Coto did not go back and make those
line items in the budget what they actually were in 2008. Ms. Coto explained that what is in the budget
book is probably no longer accurate because staff has now scrubbed the list
three more times. She said her purpose
in providing this information was to show the Board the magnitude of the
reductions. Discussion ensued.
Ms.
Coto advised that she provided information on the service level changes (page
22) for the Board’s consideration and direction to staff. Commissioner Carey said the Board discussed
that the Community Service Agencies took a big hit last year. Chairman Dallari said he believes the Board
instructed the County Manager not to touch the CSA organizations.
Commissioner
McLean said he agrees with Commissioner Carey that they discussed Community
Assistance and for the last couple of years, they have taken away from
them. He said, personally, he is not
comfortable with any further reductions in that area. He also said on the reduced funding for the
Health Department, he doesn’t know if movement of the clients from the
immunization clinic in Casselberry is worth it.
Commissioner
Carey discussed the options for reduction in Library service hours (page
25). She asked if there is a way to just
open the Central Branch Library on Fridays, for example, and keep all the
others closed. Ms. Coto said she would
cost that out.
Chairman
Dallari said he would rather look at some of the internal issues like supplies,
office furniture, etc. He said there is
a lot that can be removed from the budget without going to Community
Services.
Ms.
Coto explained to Commissioner Van Der Weide the options on pages 23 and 24 for
Economic Development. Commissioner Carey
said she would hate to see them eliminate funding to the Small Business
Development program. She thinks the
first two ideas are good.
Commissioner
Henley said it has been some time since the Board has had a report on the Small
Business Center. Whereupon, Chairman
Dallari said the Board can ask staff for a more detailed report. Commissioner Van Der Weide said he would like
to keep that option open on the Small Business Center.
Commissioners
Carey and Van Der Weide agreed with the reduction in front counter customer
service for Animal Services, page 25.
Chairman
Dallari asked Ms. Coto if she had reviewed the actual price per gallon listed
in the budget for gas, oil, diesel, non-diesel, and unleaded. He asked her to revisit those figures. He said since they are buying at bulk, the
prices should not be anywhere near $3.10 and $3.52 per gallon. Ms. Coto advised Commissioner Henley that she
would find out what the County’s capacity is for storage of fuel.
Commissioner
McLean asked Ms. Coto to discuss the Osceola Road resurfacing. Commissioner Carey questioned since much of
the damage that happens on the road is a result of the transfer trucks, is
there a possibility for them to take some of that responsibility and some of
that money come from the Solid Waste fund.
Ms. Coto said she didn’t know, but staff can look at that.
Commissioner
Henley asked if Ms. Coto could determine how much General Fund money, if any,
was going to Lynx as a result of 17-92; whether they can defer through CRA
dollars some of the monies they have associated with the Lynx route. Ms. Coto said she will look at that and
report back to the Board.
Chairman
Dallari said some of things he was looking at were general maintenance of the
government building, replacement of tools, diagnostic
equipment on many of the vehicles, inspections of various elevators and
criminal backgrounds of new employees.
He said he would like staff to look at the dollar figures associated
with these things. He reiterated that he
thinks there are a lot of things in the existing budget that can be cut without
cutting the community services.
Commissioner
Carey referred to pages 27 and 28 and noted that she thinks the elimination of
the Public Information Officer, increase in response time for public records
requests, and reduction in SGTV programming produced and aired are in
accordance with the direction the County Manager was given during the
discussions and they all make sense.
Commissioner Henley stated he would not be in favor of, except as a last
resort, eliminating the Public Information position and TV issues. He said he doesn’t mind cutting back.
Commissioner
McLean reviewed those options that the Board has already discussed—reduction in
Economic Development; lease-space reduction; Animal Services reduction in front
counter customer service; the Service Center (and he doesn’t know if they
agreed to that); eliminating the Public Information Officer; increase in
response time for public records requests; and reduction in SGVT programming
produced and aired. He said this would
be approximately $475,000 and they are not close to what’s needed. He suggested they might want to look at this
from the standpoint of getting to a millage number they can agree to and let
the County Manager work within those parameters, with counsel from the Board
about what priorities they think are important.
As they talk about stormwater and the idea of
having fixed fees for various items, he thought that since they were talking
about the 4.9989 rate, they might take a tenth off that to be at 4.8989. He said that number gets them very close to
the impact that stormwater may have, about $4 million
or $5 million. He thinks if they go line
by line, he doesn’t know if they will have any time to get at least three
Commissioners to agree to get them where they need to go. Discussion ensued with Commissioner Carey and
Commissioner McLean.
Commissioner
Carey said she thinks they have to keep the stormwater
and millage separate. Whatever the
millage ends up being if they can continue to eliminate costs, it’s not
expended and that just makes them be in a strong financial position for the
following year because the money can be carried forward.
The
Board, by majority consensus,
approved cutting the items as outlined by Commissioner McLean.
Commissioner
Henley said he objected.
Chairman
Dallari asked for Board direction to set the millage for public hearing. Ms. Coto clarified the millage has been
advertised for 5.1181 and the Board can lower it to any amount.
The
Board discussed the reserves with Chairman Dallari stating the reserves are
high and high for a reason. He said the
County has been extremely frugal for many years. If things did happen in subsequent years,
they can pull back and do certain changes.
Commissioner McLean stated the reserves are also there for situations
that they can’t anticipate. Chairman
Dallari noted that even with the hurricanes in 2004, the reserves were never
this high.
Commissioner
Henley said they have tapped the reserves before, mostly in the Public Works
area. Whereupon, Chairman Dallari stated
that’s his point that there are other reserves throughout the County that can
be looked at for natural disasters.
Commissioner
McLean said the environment now is different than it ever has been. They have the rollback and Amendment I and
those situations don’t go away, whether the economy is wonderful or the way it
is now. They have to plan differently
and have to utilize their resources and assets differently than they ever had
in the past. They have to look at their
reserves differently than ever before.
Commissioner
Carey asked when Ms. Coto could run the numbers, after the direction today, so
the Board can actually see where they are at on the budget.
Ms.
Spriggs said staff could run the numbers tomorrow, but as Commissioner McLean
outlined, they are talking about only $500,000 in recurring costs at the most,
so that is not going to substantially change what they have as far as forcasting.
Commissioner Carey said there are the other things Chairman Dallari
mentioned and including deferring the Osceola Road resurfacing for another
year. Ms. Spriggs asked to what
parameters the Board wants staff to run the numbers. Ms. Coto added that if the staff has a number
to shoot for, they will make it happen.
Commissioner
Carey said she wants staff to make the changes and put in Osceola Road
resurfacing as an option, with and without stormwater,
and show the Board where they are at.
Whereupon, Ms. Spriggs said she can provide the Board with new revenue
options.
Commissioner
McLean said he would like to see the 4.8989 option.
CHAIRMAN’S
REPORT
Chairman
Dallari stated he has a bill from MetroPlan for the
legal services of Nabors, Giblin & Nickerson for
doing the review of commuter rail. The
bill is for $6,418.26. This is the fair
share amount for each of the four counties.
Motion by Commissioner
Henley, seconded by Commissioner McLean, to approve and authorize payment of
$6,418.26 to MetroPlan for Seminole County’s fair
share of legal services to review commuter rail.
Districts
1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Ms. Coto, Chairman Dallari stated the motion includes approval of
the associated transfer, if needed, to make that payment.
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Chairman
Dallari asked for reappointment of the citizen who sits on the Value Adjustment
Board. He said Mr. Ed Furey, who currently sits on the VAB, would like to renew
his term.
Motion by Commissioner
Carey, seconded by Commissioner Henley, to reappoint Ed Furey,
citizen, to the Value Adjustment Board for a one-year term.
Districts
1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR
REPORTS
The
following Communications and/or Reports were received and filed:
1. Copy
of memorandum (w/attachment) dated August 17, 2009, from Tad Stone, Public
Safety Director, to Cindy Coto, County Manager, re: Settlement Agreement with D.E.P.
2. Letter
received August 24, 2009, from B. L. Thompson, Seminole County, to the Board of
County Commissioners re: opposition to
proposed Stormwater Fee. (cc: County Manager)
3. Letter
dated August 21, 2009, from John Henline, 532 Valley
Stream Drive, Geneva, FL, to Commissioner Bob Dallari and BCC re: opposition to proposed Stormwater
Fee.
4. Copy
of letter (w/attachment) dated August 14, 2009, from Cathy Galavis,
Florida Department of Revenue, to David Johnson, Property Appraiser, re: Summary of the
2009-10 budget for Property Appraiser. (cc:
BCC, County Manager)
5. Letter
(w/attachment) dated August 11, 2009, from Blanche Sherman, LYNX, to
Commissioner Dallari re: LYNX Quarterly
Reports – As of June 30, 2009.
6. Copy
of letter dated August 11, 2009, from Bryan Nipe,
Greenways and Natural Lands Manager, to Hedy Bass,
100 London Fog Way, Sanford, FL, re: donation in memory of Zach Bass.
7. Notice
of September 8-11, 2009, Florida Public Service Commission Public Hearings to
Florida Power and Light Co. and Progress Energy re: Nuclear Cost Recovery Clause. (cc: BCC, County Manager)
8. Letter
(w/attachment) dated August 10, 2009, to Commissioner Dallari from John Tyler,
Florida Department of Transportation, re: Notice of September 1, 2009, Florida
Department of Transportation Public Information Meeting re: SR 426/Aloma Ave.
Milling and Resurfacing Projects. (cc:
BCC, County Manager, Planning and Development, Engineering)
9. Copy
of letter dated August 12, 2009, from the Board of County Commissioners to
Deacon Andy Jones, Mt. Olive Missionary Baptist Church, re:
letter of recognition for the Church’s 126th anniversary.
10. Copy of letter (w/attachment) dated August 17,
2009, from Gerald Paradise, City of Casselberry, to Cynthia Coto, County
Manager, re: Voluntary
Annexation Request, 758 Lake Howell Road, Casselberry. (cc: BCC, Planning and Development)
11. Copy of letter (w/attachment) dated August 17,
2009, from Gerald Paradise, City of Casselberry, to Cynthia Coto, County
Manager, re: Voluntary Annexation Request, 2586 Lake Howell
Lane, Casselberry. (cc: BCC, Planning
and Development)
DISTRICT COMMISSIONERS’
REPORTS
Commissioner
McLean said last week, the County’s Economic Development Team did their
quarterly forum at the Orlando Sanford Airport and all seven cities were
represented. They talked about the
airport and its economic impact to each of the cities and the County. He attended that and it was very well done.
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Commissioner
McLean stated he attended the University of Florida Seminole County Extension
Services and CBC Financial Literacy Awards dinner. He said Barbara Hughes did a great job with
that.
Commissioner
Van Der Weide left the meeting room at this time.
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Commissioner
McLean said he and Commissioner Carey are Board members of the Florida
Association of Counties and there was a Board retreat in Charlotte County last
week. He said the retreat was a good one
and there was a panel discussion of former state legislators about state and
local relationships and responsibilities.
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Commissioner
McLean said he was asked to chair the Leadership Symposium Committee of
Envision Seminole and that committee is looking to put together some sort of
event that highlights leadership in its various aspects. He will be putting together that committee
and will keep the BCC informed of what’s going on.
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Commissioner
McLean stated the Seminole County Historical Society has been putting up
historical markers in various places and this past Saturday they were at Wagner
Curve in Winter Springs near Central Winds Park. He attended the unveiling of the marker in
that area.
Clerk of
Court Maryanne Morse left the meeting room at this time.
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Commissioner
McLean said last evening he and Chairman Dallari were in Geneva to see the
presentation by Florida Power & Light regarding their secure line natural
gas piping project. They had a lot of
good information and they did a great job of presenting it to the citizens and
answering their questions and concerns.
Commissioner
Van Der Weide reentered the meeting room at this time.
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Commissioner
Van Der Weide stated he took a tour of the golf course at Sabal
Point Elementary and said the Sheriff is working on code enforcement in that
area. He said it’s unbelievable. Hopefully, there will be response to the code
enforcement letter, because it really looks bad. He said other than that he’s been attending
his committee meetings and everything seems to be wonderful.
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Commissioner
Van Der Weide said there is not much change from month to month with the East
Central Florida Regional Planning Council.
They are looking for work.
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Commissioner
Henley said other than Sun State Trees and Mr. Al Davis,
everything seems to be moving along in his district. He reported there were some people happy over
the raid on the internet site and the confiscation.
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Commissioner
Carey stated last Friday was the second anniversary of How Shall We Grow? and, as the representative, she went to the Orlando Hyatt
for that event. She said it was very
well attended. The County had a display
and program running on the DVD and information was given out. All the cities in Seminole County were
represented and there were a lot of success stories around the region about how
this has moved forward. She said
Seminole County was recognized during the presentation because it is the first
county in the seven counties that has actually adopted a comprehensive land
plan that applies the principals of the four C’s that came out of the How Shall
We Grow? Committee meetings.
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Commissioner
Carey announced the Community Based Care Breakfast will be held this Thursday,
Aug. 27, 2009, 7:30 p.m. at the Lake Mary Events Center.
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Commissioner
Carey announced that the goal of Patriot’s Day, Sept. 11, 2009, is for every
home, apartment, office, or retail store to fly an American flag, regardless of
the size, in an effort to remember the worst tragedy this country has ever
seen. This year will be the 8th
anniversary and the time to honor those who lost their lives and for their
families left behind. She asked the
Commissioners to put that on their calendars and talk that up.
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Commissioner
Carey wished everyone a safe and enjoyable Labor Day weekend.
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Motion by Commissioner
Dallari, seconded by Commissioner Van Der Weide, to appoint Dr. Wesley Borgman to the Leisure Services Advisory Committee for a
term ending January 1, 2010.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated he toured the Jail Expansion and he encouraged all the
Commissioners to do that. He commended
Skanska and Wharton-Smith for doing a fine job.
COUNTY
MANAGER’S REPORT
Ms. Coto
said she thinks the Board is aware the County received the FP&L documents
regarding their application for the Florida Energy Secure Line. Staff has a deadline of Sept. 8 to respond
and wants to give the Board comments today so they can endorse them for
transmittal.
Dori
DeBord, Planning & Development Director, addressed the Board to state
Florida Power & Light is following the Transmission Line Setting Act set up
by the State to get the gas line approved and have asked staff to coordinate
Countywide on issues that staff feel are important that they will be addressing
with them. Staff has a meeting scheduled
with FP&L on Thursday to go through this information. She said FP&L is preliminarily looking
for sufficiency issues that may not be addressed as well as they should be in
their documentation. She reviewed some
of the issues that have come up and what staff will be discussing with
FP&L.
Clerk of
Court Maryanne Morse reentered the meeting room at this time.
Ms. DeBord
said by Sept. 25, staff needs to get Board approval to notify the
Administrative Law Judge for a certification hearing to be held in Seminole
County. She asked the Board to authorize
staff to send a letter to DEP and ask for that.
Motion by Commissioner
McLean, seconded by Commissioner Carey, to approve and authorize staff to send
a letter to DEP requesting to hold the certification public hearing for the
pipe line in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms. DeBord
also asked for Board approval to notify DEP and FP&L that the County would
like to have an informational public meeting.
She said the notices have to be done by October 5 and the County takes
on the expense of notification. The
money is available in the budget through the normal notification process. Staff will work with FP&L on their
notification list also.
Commissioner
Carey stated because of the length of the size of this, it will go through
multiple water management districts. She
thinks it’s important that County staff talk to all of those agencies so
everybody is on the same page and has a clear understanding of what the impact
of this is going to be.
Ms. DeBord
said staff will be doing that as part of their review process. DEP is an integral part of the review process
and staff intends to find out what the St. Johns RW District’s views are.
Motion by Commissioner
McLean, seconded by Commissioner Carey, to authorize staff to advertise a
public informational meeting about the gas pipe line, and direct staff to
notify DEP and the applicant about this meeting.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Dallari said in the meeting he had with FP&L, they stated the line was
dedicated for FP&L and for the generation of power only and that’s how the
permit would be authorized. At the
meeting last night in Geneva, a couple of the representatives said they would
be able to wholesale gas to large users.
He asked Ms. DeBord to find out what the true case is.
Commissioner
McLean expressed thanks to Ms. DeBord for attending the event last night.
Ms. DeBord
stated staff will process the applications and report to the Board as they go
through the process.
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Ms. Coto
stated she received during the lunch hour today a request from the city of
Sanford for a letter of support from the County for their application to the
Tiger Discretionary Grant Program to secure funding for improvements associated
with the Amtrak Station.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve and authorize the Chairman to execute
a letter of support to the city of Sanford for their application to the Tiger
Discretionary Grant Program to secure funding for improvements associated with
the Amtrak Station.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms. Coto
advised the federal lobbyist’s contract is renewable each year effective
November 25. If the intention of the Board
is not to renew the contract, the County has to provide 60 days notice, since
there is not another BCC meeting before that time, she asked for the Board’s
direction on their intention.
Upon
inquiry by Commissioner Carey, Ms. Coto said the money for the federal and
local lobbyist is in the County Manager’s budget at the present year’s
funding. The amount for the federal
lobbyist is $72,000.
Commissioner
Henley said with all the money that is available, he thinks they need somebody
in Washington.
Commissioner
Van Der Weide said he would not be in favor because he thinks it’s a waste of
money to do government lobbying. At the
state level, they can at least know what’s happening.
Commissioner
Carey said this past year, the funds the lobbyist garnered for the County has
far exceeded the cost the County expended.
Discussion ensued on the amount of money the federal lobbyist has
brought into the County and the projects.
Ms. Coto
said if the Board takes no action, the contract will automatically be renewed. The Board took no action.
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Ms. Coto
said at the Mayors/Managers meeting of Aug. 18, the Mayors put forth a
suggestion for doing an “issues” meeting with the Legislative Delegation. They are inviting all cities and the County
to participate. They are looking at
holding a luncheon hosted by the School Board on Wednesday, Sept. 16, at 11:30
a.m. She asked if the Board wishes to
participate and, if so, do they have any particular subjects to bring forward.
Commissioner
Carey said she thinks it’s important to discuss issues with the Legislative
Delegation and they have a list that’s ongoing and a bigger list of issues they
don’t want the legislators to do that they should discuss. She said she thinks they need to be cautious,
however, so they don’t bite the hand that could possibly help them.
Chairman
Dallari noted that once the County participates, they will be involved in the
discussions with all the seven cities.
Commissioner
Carey said she thinks staff needs to develop a list of issues.
Commissioner
Van Der Weide said he would rather throw it to the wind and bite the hand
that’s feeding them, because they’re actually not feeding the County but taking
things away.
Commissioner
McLean said another way to look at this is if they go and throw out their
laundry list, they also have the opportunity, when the Delegation comes to
Seminole County in December, to follow up and see if they are doing what they
have asked them to do.
Chairman
Dallari said if they participate, the Board needs to keep open dialogue with
all entities, but it needs to be fruitful.
Ms. Coto
advised that the Mayor of Casselberry has requested issues be sent to her by
Sept. 9 to present to the Mayors/Managers by Sept. 15, and they will present
them the following day to the Legislative Delegation.
Chairman
Dallari asked if it would be advantageous for the Board to allow him and the
County Manager to work together to determine what the County issues are and
then distribute them and send those to Casselberry’s Mayor.
The Board
had no objections.
ITEMS FOR
FUTURE AGENDA – CITIZEN
John
Casselberry, 700 Moss Lake Lane, addressed the Board to state he spoke with
David Johnson, Property Appraiser, recently and asked about the foreclosure
activity because he was concerned as he didn’t know how they would skew it; and
if they were actually including the courthouse sales as comparables. He said Mr. Johnson said half of the
transactions in the County were foreclosures.
Mr. Casselberry said it’s a very difficult market now. The property taxes are getting crazy. He said people don’t want to lower their
property value, they just don’t want to pay an ever
increasing tax. The property taxes are
getting to the point where they are pushing people out of housing they have
lived in most of their lives. He said he
voted against the service tax when Bob Martinez was Governor because it seemed
at the time it was a tax increase without a purpose. He said maybe they should revisit that as a
way to broaden the tax base and push the sales tax percentage down. He’s thinking the County should seriously
consider getting a local option (a couple of pennies) to substitute instead of
the property tax. He explained the goal
would be to keep it under 10% to avoid massive fraud.
Chairman
Dallari said a couple of things are being looked at regionally. One is an actual dedicated funding source for
mass transit. That’s a long-range
vision. He said the one cent sales tax
will be coming up for renewal over the next two years, and it will be up to the
citizens as well as the Commission if they want to move forward with that.
Mr.
Casselberry said he thinks the County Commission needs to talk with the
Legislature about a local option substitution of sales tax for property
tax. Further, he said the attorneys,
accountants and engineers were against the service tax. But when they think about it, the sales tax
that exists is pretty much for hard goods, but it’s for retail level
sales. He doesn’t know why the service
industry is included from that part of the business community as far as
taxation.
Commissioner
Carey said she thinks the Legislature looked at that again this year and will
probably look at that in the future. It
has always been controversial to tax attorneys, special services and engineers.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:30 p.m., this same date.
ATTEST_______________________
Clerk ____________________Chairman
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