BOARD OF
AUGUST 26, 2008
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, August 26, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Michael McLean (District 2)
Commissioner Bob Dallari (District 1)
Commissioner
Commissioner Dick Van Der Weide (District
3)
Clerk of Court Maryanne Morse (late)
County Manager Cindy Coto
Deputy Clerk Eva Roach
The
Invocation was given by Pastor Wayne Thomas,
Commissioner
Henley led the Pledge of Allegiance.
Maryanne
Morse, Clerk of Court, entered the meeting at this time.
Cindy
Coto,
Chairman Carey stated the Board just renewed
Item #4, Approve Amendment #1 to PS-5181-05, to three firms and based on the
language of the contract those firms could come in to ask for an increase. She stated her concern is, as hungry as the
market is right now and someone coming in asking for a 10% increase in their
fees, is not the right thing they should be doing at this time. She said she asked Mr. Hooper to provide some
information from two other contracts that the County recently let and their
rates are little less than what R.W. Beck has.
She stated the Board may want to pull this item for a separate
vote.
Commissioner Van Der Weide stated he would
have to agree with that.
Commissioner McLean stated this increase is a
little over 10.9% and it is over a period of three years. If you’re looking from a total standpoint,
you are looking at 3.5% a year, which is fairly close to what they would be
tracking for inflation.
Chairman Carey stated she would agree if the
rates continue to go up. Discussion
ensued. The Board agreed to pull this item for a separate vote.
Upon
inquiry by Commissioner McLean, Chairman Carey advised she believes the rates
they have currently are in line and she doesn’t think an increase is
appropriate for any of these firms at this time.
Motion by Commissioner McLean, seconded
by Commissioner Dallari to authorize and approve the following:
1.
Adopt appropriate Resolution #2008-R-203, as shown
on page _________, proclaiming the week of August 31st through September 6th
as Seminole County Fire
Fighter Appreciation Week, recognizing them for their efforts in the Muscular
Dystrophy Association's "Fill the Boot" campaign.
Administrative Services
Administration
2. Approval and execution of General Release, as
shown on page _________, for damages sustained during an incident at the
Purchasing and Contracts
3.
Award
CC-3321-08/DRR, as shown on page ________, Small Utility Projects and Pipeline
Repairs to American Persian Engineers and Constructors, Inc., Orlando, Florida;
Affordable Development, a Division of Driveways, Inc., Titusville, Florida;
Central Florida Environmental Corporation, Winter Springs, Florida; and 4C's
Trucking & Excavation, Inc., Bunnell, Florida (Estimated Annual Usage is
$1,500,000.00, and the maximum amount for individual work orders will not
exceed $350,000.00).
Support
Services
5.
Approve
and authorize the Chairman to execute the Sublease, as shown on page _______,
for Office Space at Community Services Reflections with Workforce Central
Florida.
Community Services
Community
Assistance
6. Approve and authorize the Chairman to execute an Agreement, as
shown on page ________, between
7.
Approve
and authorize the Chairman to execute appropriate Resolution #2008-R-204, as
shown on page __________, confirming Board of County Commissioners' action on
July 22, 2008 approving an amendment and revisions to the 2007/2008, 2008/2009, and
2009/2010 Local Housing Assistance Plan (LHAP).
8.
Approve
and authorize the Chairman to execute the Satisfactions, as shown on page
________, of Second Mortgage for the following households assisted under the
SHIP Home Ownership Assistance Program or the Emergency Repair Housing Program: Ismael Borrero-Santiago, Kimberly C. Borrero &
Christina M. Borrero; Henry and Maggie Bouey; Mildred C. Conner; Sterling B.
& Anna M. Dickens; Allecia & Mark E. Dyal; Corine Gibson; Carmen
Gonzalez; Kimberly Herezi; Vindra James; Vindra C. James; Robert &
Constance Knauff; Alexander Levin; Leander William Mabery & Phillis
Johnson-Mabery; Alice M. Moore; Shabbir & Najma Nurmohamed; Tommy &
Priscillia A. O’Neal; Clifford Philpot; Rossie Lee Randall; and Gwendolyn
Stokes.
Economic Development
Tourism
Development
9.
Approve
and authorize the Chairman to execute an Agreement, as shown on page ________, with
the Central. Florida Zoological Society, Inc. in the amount of
$300,000.00.
Environmental Services
Planning
Engineering Inspections
10.
Approve
and execute Amendment #1, as shown on page ________, to the Water Protection
and Sustainability Cost Share (WPSCS) Agreement between St. Johns River Water
Management District (SJRWMD) and
Fiscal Services
Administration
11.
Approve
to submit a grant application to the Florida Department of Environmental Protection
requesting $186,500.00 through their Innovative Waste Reduction and Recycling
Grant Program, and authorize the
Budget
12.
Approve
and authorize the Chairman to execute appropriate Resolution #2008-R-205, as
shown on page ________, implementing Budget Amendment Request (BAR) #08-94
through the 2001 Infrastructure Sales Tax Fund in the amount of $674,845.00 to
recognize the revenues and expenditures related to the State Road 434 -
Montgomery to I-4 - City of
13.
Approve
and authorize the Chairman to execute Budget Change Request (BCR) #08-32
through the General Fund in the amount of $450,000.00 in order to establish and
provide initial funding for certain Information Technology Services projects.
14.
Approve
and authorize the Chairman to execute the Budget Change Request (BCR) #08-35
through the Transportation Trust Fund in the amount of $11,000.00 in order to
fund the purchase of a replacement sign printer.
MSBU
15.
Approve
and authorize the Chairman to execute the Satisfaction of Lien, as shown on
page ________, for which the final Lake Myrtle Restoration MSBU assessment
payment has been received for parcel PID 25-20-29-501-0000-0160; owner —
Freeman Billy V. & Linda V. D.
Planning and Development
Development Review
16.
Authorize
the release of Performance Bond #5022521 for Riviera Subdivision (Mercedes
Homes, Inc.).
Planning
17.
Approve
the request by Liam Fitzpatrick's Restaurant - Applicant; for a Special Event
Permit for a Halfway to St. Patrick's Day event to be held at Colonial
Townpark, located northeast of the intersection of C.R. 46A and
Public Works
Engineering
18.
Approve
and authorize the Chairman to execute an Interlocal Utility Construction
Agreement, as shown on page ________, with the City of
19.
Adopt appropriate
Resolution #2008-R-206, as shown on page _________, and authorize the Chairman
to execute a Subordination of County Utility Interests Agreement, as shown on
page _________, with the Florida Department of Transportation for property
needed (FDOT Parcel Numbers 120.2R and 123.3R) for the Commuter Rail Transit
Project.
20.
Adopt appropriate
Resolution #2008-R-207, as shown on page _________, and authorize the Chairman
to execute a
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to approve Amendment #1 to
PS-5181-05 (Item #4) with R.W. Beck to increase rates as identified in the
revised Exhibit C was presented.
Motion by Commissioner Van Der Weide
to deny the request to approve Amendment #1, as shown on page________, to
PS-5181-05 (Item #4) with R.W. Beck to increase rates as identified in the
revised Exhibit C.
Chairman Carey surrendered the gavel to the
Vice Chairman for the purpose of seconding the motion.
Under discussion and upon inquiry by
Commissioner Dallari, Ray Hooper, Purchasing Manager, addressed the Board to
give some insight on this issue and why R.W. Beck is asking for such a large
increase.
Upon inquiry by Robert McMillan,
Chairman Carey stated the Board accepted
the renewal at the old rate.
Upon inquiry by Commissioner Henley, Mr.
Hooper advised the Board approved the renewal at the August 12, 2008
meeting. He stated the renewal was based
on the current rates and the effective date is from August 16, 2008 thru August
15, 2009. R.W. Beck accepted the renewal
prior to the expiration and if the renewal was not executed by the August 16
date, then it would expire.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner McLean voted NAY.
Vice Chairman McLean returned the gavel to Commissioner
Carey, who assumed the position of Chairman.
Motion by Commissioner McLean,
seconded by Commissioner Dallari to approve
the proposed negotiated settlement relating to Parcel No. 110 (Marion G.
Nichols property) of the County Road 15 road improvement project. The proposed settlement is at the total sum of
$244,092.80 inclusive of all compensation to the owner, attorney fees of any
kind, all costs, interest and any other matter for which
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS
CONSENT AGENDA
Motion
by Commissioner Henley, seconded by Commissioner McLean to authorize and
approve the following:
CLERK’S OFFICE
22. Approval of Expenditure and Payroll Approval
Lists, as shown on page _________, dated July 28, August 4, and July 24, 2008; Approval
of BCC Official Minutes dated July 22, 2008; Board approval and execution of
2007 Year End Tax Roll, as shown on page ________; and noting, for information
only, the following Clerk's “received and filed”:
1. Maintenance Bond, as shown on page ________, in the amount of
$57,355.68 from F.E. Development Recycling, Inc. for the installation of CR 15
outfall pipe constructed in conjunction with the Church Street/White Cedar
Project.
2. Ninth
Amendment, as shown on page ________, to Part B, Term Contract RFP-4242-05,
Asphalt Recycling, Inc.
3. Work
Order #3, as shown on page __________, to PS-5187-05.
4. Resolution
#2008-R-92, as shown on page _________, of appreciation to Doug Forner for his
service on the Seminole County Industrial Development Authority, as approved by
the BCC on March 25, 2008.
5. Invoice
and Stormwater and Related Components Bill of Sale, as shown on page
__________, regarding reimbursement for work performed in conjunction with the
CR 15 Project (
6. Agreement
CC-3371-08, as shown on page _________, with Shoemaker Construction Co., Inc.
7. Work
Order #83, as shown on page _________, to PS-5150-03.
8. M-3640-08
Agreement, as shown on page _________, with National Institute of Governmental
Purchasing, Inc.
9. Basic
Agreement #M-3706-08, as shown on page __________, with Tower Systems South,
Inc.
10. Change Order #1, as shown on page __________, to CC-2486-07.
11. Work Order #3, as shown on page _________, to PS-2468-07.
12. Certificate of Completion, as shown on page __________, for Work
Order #17 to CC-1075-06.
13. Work Order #15, as shown on page ________, to RFP-0778-06.
14. Work Orders #1, #2 and #3, as shown on page _________, to
PS-2564-08.
15. Work Order #8, as shown on page _________, to PS-5157-04.
16. Work Order #102, as shown on page _________, to PS-5165-04.
17. Amendment #1, as shown on page _________, to Work Order #31 for
PS-5120-02.
18. Change Order #2, as shown on page _________, to CC-2641-07.
19. Work Order #5, as shown on page _________, to PS-5180-05.
20. Work Order #12, as shown on page _________, to CC-1284-06.
21. Third Amendment, as shown on page __________, to IFB-3129-05,
Ameriscapes Landscape Management Services, Inc.
22. Change Order #4, as shown on page _________, to RFP-2086-07.
23. Amendment #1, as shown on page _________, to Work Order #3 for
PS-2249-07.
24. Recording of Plat and Certificate of Title, as shown on page
__________, for the Enclave Subdivision.
25. Work Order #26, as shown on page _________, to CC-1075-06.
26. Notice from the Public Service Commission of hearing regarding
Docket No. 080121-WS, Application for increase in water and wastewater rates by
Aqua Utilities Florida, Inc.
27. Work Order #36, as shown on page __________, to PS-1074-06.
28. Amendments, as shown on page _________, to Letters of Credit
#68013805 and 68013806 for the Lake Club Subdivision amending the expiration
dates.
29. First Amendment, as shown on page _________, to RFP-600223-07,
Badger Meter, Inc.
30. Work Order #4, as shown on page __________, to PS-5179-05.
31. Parks Contract, as shown on page _________, for Services with Rasha
M. Moore.
32. Work Order #27, as shown on page _________, to RFP-0225-05.
33. Right-of-Way Utilization Permit Maintenance Bond, as shown on page
__________, in the amount of $7,087.31 for CR 427 right-of-way.
34. Work Order #26, as shown on page _________, to RFP-0225-05.
35. Work Orders #70 and #71, as shown on page _________, to CC-1220-03.
36. Satisfaction of Connection Fees, as shown on page _________, for
the project known as Markham Estates.
37. Amendments, as shown on page __________, to the Conditional Utility
Agreements for Potable and Reclaimed Water and Sewer Service for the project
known as Hanover Pointe.
38. Conditional Utility Agreement, as shown on page __________, for
Water Service for the project known as Spanish Oviedo Congregation of Jehovah’s
Witness.
39. Letter of acceptance of water and sewer systems and Bill of Sale,
as shown on page _________, for the project known as Brooks Landing.
40. Letter of acceptance of the off-site water system and Bill of Sale,
as shown on page _________, for the project known as
41. Letter of acceptance of the water system and Bill of Sale, as shown
on page _________, for the project known as
42. Utility Easement, as shown on page _________, for the project known
as Elder Road/Orange Boulevard Watermain Extension.
43. Certificate of Completion, as shown on page ________, for
CC-2009-07.
44. Amendment #1, as shown on page _________, to Work Order #67 to
PS-5150-03.
45. Miscellaneous Contract #M-600498-08, as shown on page _________.
46. Work Order #1, as shown on page ________, to PS-2825-07.
47. Amendment #1, as shown on page ________, to Work Order #16 for
PS-1529-06.
48. Second Amendment, as shown on page ________, to Term Contract
IFB-3123-05, Dixie Lime and Stone Company.
49. Work Order #38, as shown on page _________, to PS-5174-04.
50. Certificate of Completion, as shown on page __________, for
RFP-2086-07.
51. Amendment #2, as shown on page __________, to Work Order #10 for
RFP-4240-05.
52. Work Order #29, as shown on page __________, to PS-0381-06.
53. Basic Agreement #M-3568-08, as shown on page ___________, with
First American Title Insurance Company.
54. Bids as follows:
RFP-600466-08; RFP-600453-08; RFP-600435-08; RFP-3261-08; PS-3556-08 and
CD; RFP-600472-08; and PS-3615-08.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey noted for the Record Item
#10 under the Clerk’s received and filed says Change Order #31 and it is
actually Change Order #1.
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Motion
by Commissioner Van Der Weide, seconded
by Commissioner McLean to authorize
and approve the following:
SHERIFF’S OFFICE
23. Approval by the Board of County Commissioners
to contribute $1,000.00 from the Law Enforcement Trust Fund in support of the
Mustard Seed program.
24. Approve and authorize the Chairman to execute
the submittal of a Grant, as shown on page ________, for the Sheriffs Office
for COPS 2008 Child Sexual Predator Program.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Meloney
Lung, Administrative Services, addressed the Board to seek authorization to
negotiate the purchase of Parcels #31-21-31-515-0000-0020 and 31-21-31-515-0000-0030,
consisting of a total of 2.13 acres owned by
Upon
inquiry by Chairman Carey, Ms. Lung advised one of the three parcels is
adjacent to the Mikler site. PBS&J
looked at the area properties and there were not a lot of sales on Aloma. They also looked at major arterials that have
two to three acres. She advised the square
footage price is going down. One
property off of
At
the request of Commissioner Dallari, Ms. Lung discussed the additional costs
for site improvements.
Frank
Raymond, Administrative Services Director, addressed the Board to advise staff also
received a letter from the Ratcliff properties.
They indicated in their letter that they are dropping the price, and
they are agreeing with the County’s cost of other items in order to bring it to
a buildable nature. Discussion ensued.
Chairman
Carey stated there are two letters indicating that they are willing to reduce
the price and the best thing they may need to do is rank that and go back and
negotiate. She stated the issue she has
with the Via Loma site is it is a commercial site. If the County is going to pay for commercial properties
that front on major roads, they will have to pay the price. She said she doesn’t think it is appropriate
to build fire stations on a frontage as it will cost them a lot more money.
Commissioner
McLean stated the
Mr.
Raymond pointed out that there is going to be a wait involved with both the
Commissioner
Henley stated staff needs to find out how much tax revenue the County is
collecting off the two parcels.
Chairman
Carey stated the Board could direct staff to go back and negotiate the purchase
of the property and to reduce the number if it is an appropriate site.
Commissioner
Dallari stated he feels it would be advantageous for them to look at the top
three or four sites in more detail so they can actually compare
apples-to-apples.
Upon
inquiry by Chairman Carey, Mr. Raymond advised he doesn’t believe they could
take half the site on
At
the request of Ms. Coto, Fire Chief Leanna Raw, addressed the Board to comment
on the advantages of purchasing the Aloma site for Fire Station 29.
Commissioner
Henley stated he is not arguing that the Aloma site is not a more desirable
site, but he is not willing to pay the price.
He stated he is not opposed to going back to negotiate a lower rate.
Commissioner
McLean stated he feels staff can establish a reasonable cost per square footage
that the Board feels is reasonable given the market conditions.
Commissioner
Dallari stated the only reason why he may not be in favor of doing that is they
need to take into account the site improvements. He stated he feels they need someone who is
qualified and PBS&J is more than qualified in looking at the three or four
top sites.
Commissioner
McLean stated if the Board is comfortable with the
Commissioner
Van Der Weide stated if
Chairman
Carey stated what she is hearing is the top property is
Commissioner
McLean stated the challenge is if the Board doesn’t give some direction, it
could be they will come back with a minor change.
Chairman
Carey stated staff can come back with the best and final offer on both sites.
Mr.
McMillan stated the best way to handle this is to have two contracts negotiated
and approved by the sellers as their best offer, with the understanding that
there will be no modifications. The
contracts will be presented to the Board so they can determine which one they
want.
Mr. Raymond asked if the Board is directing
staff to tighten up the site improvements by a line item estimate by contractor
or hire a consultant. Chairman Carey
stated she doesn’t believe a consultant should be hired for this.
Mr. Raymond suggested that the Board
authorize staff to look at the
Upon inquiry by Chairman Carey, Mr. Raymond
advised staff did not flag the wetlands.
They used the surveys that were already done in the aerials and made a
judgment as to what they could get a buildable lot out of. He stated there is about 2½ acres of the 5
acres that is useable based on the information they reviewed. He further stated he doesn’t know if a Class
I wetland is on
Commissioner
Dallari stated he expects all of the information discussed today to be in the
next meeting’s agenda package.
No
Report.
Ms.
Coto informed the Board that a number of boat ramps have been closed throughout
the County due to high water. She stated
the catwalks and boardwalks have been closed at the Natural Lands area, the
Black Bear Wilderness area, and Wilson Landings due to the high water. Boat ramps at Cameron Wight,
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Budget
Amendment Status Report FY 2007/2008 was noted for information only.
-------
Chairman
Carey reminded the Board of a Risk Management meeting scheduled at noon today.
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Upon
inquiry by Commissioner McLean, Chairman Carey advised that Item #26, Budget
Amendment Status Report FY 2007/08 is an informational item and no action is
required.
-------
The
Chairman recessed the meeting at 10:25 p.m., reconvening at 1:30 p.m., this
same date with all Commissioners and all other Officials, with the exception of
Clerk of Circuit Court Maryanne Morse and Deputy Clerk,
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize the filing of the proofs of
publication for this meeting’s scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
AUTHORITY BUDGET
Proof
of publication, as shown on page _______, calling for a public hearing to
consider the proposed Seminole County Port Authority Budget for FY 2008/2009,
received and filed.
Budget
Manager, Lin Polk, addressed the Board to introduce Port Authority Executive
Director, Andrew Van Gaale.
Andrew
Van Gaale addressed the Board to present the proposed budget for FY 2008/2009
for the Port Authority and to review same with the Board. He stated Port Authority Chairman, Elizabeth
Dorworth, is present and will answer any questions. He said the Port has had a very successful
year with revenue coming in at over $2 million.
Expenses were under $1 million with most of those being for capital
improvement projects. He advised they
will be presenting the County with a check in the amount of $850,000.
Upon
inquiry by Chairman Carey, Mr. Van Gaale advised the Port operates under a
five-year improvement plan that is approved by the Port Authority Board.
Commissioner
Van Der Weide congratulated Mr. Van Gaale and Mrs. Dorworth on a very
successful year; and urged all the Commissioners to see the improvements that
have been made in the existing buildings.
Commissioner
McLean stated these are outstanding numbers and believes the Authority has done
an excellent job.
Upon
inquiry by Commissioner Dallari, Mr. Van Gaale stated in the next year, they
will be asking the Legislative Delegation to amend their purchasing policies as
they have been in place since the Special Act was enacted in 1965. He added that the BCC will have an
opportunity to see the proposed changes prior to the Authority going to the
Delegation.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Henley to approve the Seminole County Port Authority
Budget for FY 2008/2009, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
APPEAL AGAINST BOA,
LOUIS MORGAN, CONTINUED
Continuation
of a public hearing to consider an Appeal against the Board of Adjustment’s
decision to deny a Special Exception for a mobile home located at
Planner,
Kathy Fall, addressed the Board to present the appeal, advising the appellant
is requesting the 10-year placement of an existing 1986 double-wide mobile
home. The property received a 5-year
Special Exception for the current mobile home in 1986. In 2005, the property was cited by code
enforcement for an expired Special Exception and the Board of Adjustment
granted a 1-year temporary placement of the existing mobile home, which has
since expired. She further advised that
on July 22, 2008, the BCC, as part of the Comp Plan EAR amendments, transmitted
to the DCA Policy FLU 10.3 regarding opportunities for manufactured housing and
mobile homes. She added that staff recommends
the BCC reverse the BOA’s decision and allow for the permanent placement of the
mobile home.
Kent
Cole, representing the appellant, addressed the Board to ask for consideration
of all the improvements and work that have has been done on the property.
No
one else spoke in support or in opposition.
District
Commissioner McLean stated the Special Exception makes sense for this
area. He said the code enforcement
issues have been corrected as the business has been relocated. He recommended granting the appeal.
Motion by Commissioner McLean, seconded
by Commissioner Henley to reverse the Board of Adjustment’s decision to deny a
Special Exception for a mobile home located at 1212 Stone Street, as described
in the proof of publication, Louis Morgan; thereby, granting the appeal; Decision
on Appeal, as shown on page _______.
Under
discussion, Commissioner Henley stated staff advised the BOA of the policy
language regarding mobile homes and they still denied the Board. Therefore, he would suggest the appeal fee be
refunded.
Commissioner
McLean agreed to include in the motion
that the appeal fee be refunded to Mr. Morgan.
Commissioner Henley agreed
with the amendment to the motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
APPEAL AGAINST BOA,
JUAN HERNANDEZ
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Appeal against the Board of Adjustment’s decision to approve a side
street setback variance from 25 feet to 15 feet for a privacy fence located
along the portion of the corner lot property abutting Lake Hayes Road, at 2391
Pemberton Street, Juan Hernandez, received and filed.
Planner,
Kathy Fall, presented the appeal, advising the appellant is requesting a side
street setback variance from 25 feet to 0 feet for an existing fence that was
constructed without an approved permit.
The Board of Adjustment approved the setback variance from 25 feet to 15
feet; and the appellant is appealing that decision. She displayed photographs (included in the
agenda packet) of the fence, advising Traffic Engineering visited the site and
there is some question as to whether the existing fence is even on the
appellant’s property. She added that
would have to be verified.
Juan
Hernandez, appellant, addressed the Board to advise the fence is located three
inches into the property line. He
explained that he has been burglarized and needed the fence for security
reasons. He said he will lose the use of
a lot of his property if he has to move the fence in 15 feet. He displayed some photographs (received &
filed) of other fences and stated that he has seen many fences erected on
property lines. He added that he does
not believe there is any safety issue on the corner.
Upon
inquiry by Commissioner McLean, Ms. Fall clarified that Mr. Hernandez did apply
for a permit for the fence after it was erected, but was denied because a
Special Exception was needed for the side yard setback. She further advised that there are no fences
on
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Anonymous
letter in opposition to the Special Exception was received and filed.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to uphold the Board of Adjustment’s decision to
approve a side street setback variance from 25 feet to 15 feet for a privacy
fence on property located along the portion of the corner lot property abutting
Lake Hayes Road, at 2391 Pemberton Street, as described in the proof of
publication, Juan Hernandez; thereby, denying the appeal; Decision on Appeal,
as shown on page _______.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM A-1 TO
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from A-1 (Agriculture) to PCD (Planned Commercial
Development) on approximately 12.16 acres, located ¼ mile west of the
intersection of E. Lake Mary Boulevard and Beardall Avenue, and consideration
of the Preliminary Site Plan and Development Order, Hugh Harling, received and
filed.
Planner,
Ian Sikonia, addressed the Board to present the request, advising of a
correction in the proposed development order regarding the landscape requirements
chart (copy received & filed). He
further advised the applicant is requesting the rezoning in order to develop a
retail/office/warehouse complex consisting of six buildings. The proposed Preliminary Site Plan indicates
that the project will contain a total of 87,350 building square feet, and will
allow uses from the C-3 and C-2 zoning districts. The applicant is proposing two access points
along the frontage of
Upon
inquiry by District Commissioner Carey, Mr. Sikonia advised the unnamed
right-of-way is actually a drainage ditch.
Hugh
Harling, applicant, addressed the Board to advise the unnamed right-of-way is a
30-foot right-of-way, but there is a ditch that runs the entire length of
it. He clarified that it is not on the
subject property. He stated that he met
with the Hunters after the P&Z Commission meeting and have agreed to move
the dumpster, install an aerator in the retention pond, and to erect a six-foot
concrete wall with a two-foot trellis.
He said they have also agreed to the hours of operation, but if the
surrounding properties were to be rezoned to the same zoning as the subject
property, the need for the wall and the hours of operation will all go
away. He added he agrees with the
changes to the landscaping chart.
Kathy
Hunter,
Robert
Hunter,
Upon
inquiry by Commissioner Henley, Mr. Sikonia advised Commissioner Woodward of
No
one else spoke in support or in opposition.
District
Commissioner Carey commented that the staff Development Order calls for a
six-foot PVC fence; however, Mr. Harling’s plan indicates a block wall so the
D.O. needs to be corrected. It also
needs to stipulate that should the adjacent properties come in for rezoning
prior to the subject property being developed that the wall and hours of
operation will be waived. She
recommended approval of the rezone based on the D.O. being corrected.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt Ordinance #2008-40, as shown on page
_______, granting rezoning from A-1 (Agriculture) to PCD (Planned Commercial
Development) on approximately 12.16 acres, located ¼ mile west of the
intersection of E. Lake Mary Boulevard and Beardall Avenue, as described in the
proof of publication; and approval of the Preliminary Site Plan and Development
Order, as shown on page _______, as corrected, including the voluntary
commitments of the developer, Hugh Harling, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM A-1
TO PUD,
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from A-1 (Agriculture) to PUD (Planned Unit
Development) on 4.81 acres, located on the east side of Elder Road,
approximately 500 feet south of the intersection of Elder Road and Church
Street; and consideration of the Preliminary Master Plan and Development Order,
Bryan Potts, received and filed.
Planner,
Ian Sikonia, presented the request, advising the applicant is requesting the
rezoning in order to develop an industrial park; and is proposing to subdivide
the property into five parcels, which will all have to submit individual final
master plans. The proposed Preliminary
Master Plan indicates that the project will contain a maximum of 50,000 square
feet of building space split among the five parcels. The P&Z Commission unanimously
recommended approval; and staff is also recommending approval.
Upon
inquiry by District Commissioner Carey, Tina Williamson, Assistant Planning
Manager, addressed the Board to advise the applicant is required to put in the
dry lines for reclaimed water.
Bryan
Potts, applicant, addressed the Board to advise
No
one else spoke in support or in opposition.
District
Commissioner Carey recommended approval.
Motion by Commissioner McLean, seconded
by Commissioner Dallari to adopt Ordinance #2008-41, as shown on page _______,
granting rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) on
4.81 acres, located on the east side of Elder Road, approximately 500 feet
south of the intersection of Elder Road and Church Street, as described in the
proof of publication; and approval of the Preliminary Master Plan and
Development Order, as shown on page _______, Bryan Potts, based on staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM A-1 TO
PCD,
MOORES STATION RD./HUGH
HARLING
Proof
of publication, as shown on page _______, calling for a public hearing to consider
a request to rezone from A-1 (Agriculture) to PCD (Planned Commercial
Development) on 3.05 acres, located on the north side of the intersection of E.
Lake Mary Boulevard and Moores Station Road; and consideration of the
Preliminary Site Plan and Development Order, Hugh Harling, received and
filed.
Planner,
Ian Sikonia, presented the request, advising the applicant is requesting the
rezoning in order to develop an office/commercial business park consisting of
four buildings. He corrected the staff
report on page 2, stating schools are not permitted. The Proposed Preliminary Site Plan indicates
that the project will contain a total of 16,500 building square feet and the
requested allowable uses are per the C-3 and C-2 zoning districts. The applicant is proposing to utilize the
signage standards of the Lake Mary Boulevard Gateway Corridor Overlay
District. The P&Z Commission
unanimously recommended approval of the rezoning; and staff is also
recommending approval.
Hugh
Harling, applicant, advised he concurs with the staff report and will answer
any questions.
No
one else spoke in support or in opposition.
District
Commissioner Carey recommended approval.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt Ordinance #2008-42, as shown on page
_______, granting rezoning from A-1 (Agriculture) to PCD (Planned Commercial
Development) on 3.05 acres, located on the north side of the intersection of E.
Lake Mary Boulevard and Moores Station Road, as described in the proof of
publication; and approval the Preliminary Site Plan and Development Order, as
shown on page _______, based on staff findings, Hugh Harling.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Carey advised she is in receipt of a letter from George Kosmac of the School
Board regarding the funding for transportation of disabled citizens to
SWOP. She said this has been costing the
School Board $620,000 and Medicaid was only reimbursing $220,000. The School Board worked with Bill Poe to
reduce costs and they have gone from 73 stops to 4, which will bring the cost
of the service down to what Medicaid will reimburse. She added that the four stops will be at the
area malls and the effective date for this change was August 18.
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Chairman
Carey requested appointment of Ed Furey as the citizen (homestead) appointment
to the Value Adjustment Board.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to appoint Ed Furey to the Value Adjustment
Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey advised the Tax Collector has requested the Board extend the tax rolls
pending conclusion of the Value Adjustment Board hearings.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to authorize the extension of the tax rolls
until the completion of the Value Adjustment Board hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey announced that she is serving as the Honorary Chair for the
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The
Chairman wished everyone a happy Labor Day weekend.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Dallari advised that some of the guidelines and policies of the CRA are being
reviewed and redefined by staff. He said
any changes will be brought back to the BCC for review.
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Commissioner
McLean reminded everyone that today is election day and he wished Commissioner
Van Der Weide the best of luck.
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Commissioner
Van Der Weide reminded Commissioners that any leftover campaign funds can be
donated to charity; and the
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Commissioner
Van Der Weide commented he believes it is critical for the County’s fire
stations to be very visible because many people go there for assistance.
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Commissioner
Henley advised the polling place at the
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Commissioner
Henley gave a status report on the recent LYNX meeting, advising there is a $9
million shortfall in the budget in order to maintain the current service. He stated that shortfall is from
Chairman
Carey stated she hopes this will not affect the veterans trying to get to the
V.A.
Commissioner
Van Der Weide said he would like to be kept informed on this. He asked Ms. Coto to check into the complaint
that veterans are arriving as early as 3:00 a.m. to the County’s Veteran
Services and waiting to be seen.
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The
Chairman recessed the meeting at 3:01 p.m., reconvening it at 3:10 p.m., this
same date, with Commissioner Van Der Weide re-entering late.
ITEMS
FOR FUTURE AGENDA
Jeff
Abbott,
Chairman
Carey advised Mr. Abbott that there is “Prepare Seminole” on the County’s web
site and suggested he hold a community meeting for his neighborhood to share
his information.
Public
Safety Director, Tad Stone, addressed the Board to advised Mr. Abbott that if
he has questions, to call Emergency Management and they will be happy to
help. He added that the County is
sending a FEMA report and he is waiting for them to do a declaration.
Speaker
Request Form was received and filed.
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Don
Peterson,
Commissioner
Van Der Weide re-entered the meeting at this time.
Mr.
Stone advised there was staff available on Saturday until 7:30 p.m., however
they did have some phone transfer issues.
Public
Work Director, Gary Johnson, addressed the Board to advise
Commissioner
Dallari asked that staff keep him up to date on this.
COMMUNICATIONS AND/OR
REPORTS
1. Memorandum
dated August 7, 2008 from Jean Jeffcoat, PAY Division Manager, to Seminole County
Board of
2. Copy
of letter dated August 8, 2008 from Frank Bruno, Congress of Regional Leaders,
to Kirby Green, St. Johns River Water Management District, re: Resolution
encouraging the SJRWMD Board to reconsider their issuance of a consumptive use
permit to Niagara Bottling.
3. Letter
dated August 8, 2008 from Stephen Miller, Executive Director, South Seminole
& North Orange County Wastewater Transmission Authority, to Chairman Brenda
Carey re: FY 08-09 Debt Service Schedule, Depreciation, and
Operation/Maintenance Fees.
4. Letter
dated August 9, 2008 from Ronald Stein to Chairman Brenda Carey, Commissioner
Carlton Henley, Cindy Coto, and Gary Johnson re: Bay Lagoon subdivision.
5. Letter
dated August 11, 2008 from Rabbi Rick Sherwin to Seminole County Board of
6. Letter
dated August 12, 2008 from Galo Campo to the Seminole County Board of
7. Copy
of letter dated August 12, 2008 from John Pfeiffer to Cathy Schubert re:
Department of Veteran Affairs/Pension.
8. Letter
dated August 12, 2008 from Stephen Miller, South Seminole & North Orange
County Wastewater Transmission Authority, to Chairman Brenda Carey re: Required
Notice of proposed bond issue by SSNOCWTA (corrected version).
9. Letter
dated August 14, 2008 from William Colbert, Colbert-Cameron Mitigation Bank, to
Chairman Brenda Carey re:
10. Notice of Public Hearing dated August 14, 2008
from the City of Winter Springs re: Rezoning and Conditional Use Permit
Request.
11. Copy of letter dated August 15, 2008 from
Cathy Collins, Budget Supervisor, Property Tax Oversight Program, Florida
Department of Revenue, to David Johnson, Property Appraiser, re: any changes to
2008-09 budget.
12. Letter dated August 18, 2008 from Ronald
Cartwright,
13. Letter dated August 18, 2008 from Michael
Napier, Seminole County Health Department, to Chairman Brenda Carey re: FY
07-08 contract between the Seminole County Board of
14. Letter received August 18, 2008 from Thomas
Brueckner, to Chairman Brenda Carey re: support of the Northview project.
15. Letter dated August 19, 2008 from Dr. Ray
Eubanks, Florida Department of Community Affairs, to Chairman Brenda Carey re:
Plan Amendment 08-2ER.
16. Notice of Public Hearing dated August 19, 2008
from the City of Winter Springs re: annexation of 1072 W SR 434.
17. Notice of Public Hearing dated August 19, 2008
from the City of Winter Springs re: annexation of 300 W SR 434.
18. Letter dated August 20, 2008 from Gloria
Lewis, SJRWMD, to Seminole County BCC & DOT re: adjacent property owner
notification Application Number 18-117-109192-3.
19. Notice of Public Hearing received August 21,
2008 from the City of Lake Mary re: Waterside Final Subdivision Plan.
Chairman
Carey asked that employees be notified of the closing.
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Ms.
Coto stated based on the Budget Work Session on July 30 and 31, staff has put
together an information packet (received and filed) consisting of follow-up
topics for discussion. She reviewed what
has transpired to date starting with the May 1 Special BCC Meeting. She said one area staff was requested to
evaluate and bring back to the Board relates to pay for performance. She advised in 2007, the Board approved the
present system after a study was conducted.
This study was conducted due to an unprecedented 17% turnover rate. She recommended that the Board make no
changes in the present pay for performance system.
Chairman
Carey discussed the proposal for a lump sum merit, advising as outlined on page
3 of the handout, it would save $43,741,282 million over a ten-year
period. She said this would be a
tremendous impact to the budget and even though Ms. Coto has recommended
against it, she would like to have some discussion on it.
Commissioner
Henley stated normal retirements and dismissals were included in Ms. Coto’s
turnover rate and he would like to know what that number is less the
retirements and dismissals. He said it
bothers him tremendously that while the BCC is giving their employees 4%
raises, other organizations that the Board funds are giving 5%.
Chairman
Carey stated she is in favor of giving a one time merit and bonus that would
not be added to the base pay – only the COLA would be added to the base
pay.
Commissioner
Van Der Weide stated he is not in favor of the proposal for a lump sum
merit/bonus as he believes it would affect employees’ retirement benefits. Discussion ensued.
Commissioner
McLean stated the saving of the money would be at what cost. He further stated the pay for performance
system has only been in place for a year and he does not believe the lump sum
proposal will allow for the County to have the quality employees they
need.
Commissioner
Dallari said he believes they should continue with the pay for performance
system already in place so that the County can keep good employees.
Chairman
Carey stated she was not suggesting going back to the old system, but to not
include the merit and bonus pay into the base salary.
Discussion
ensued between the Chairman and
The
Board, by majority consensus, agreed
to keep the present pay for performance system as is and to keep the COLA at
2.7%.
- - -
Director
of Fiscal Services, Lisa Spriggs, addressed the Board to discuss the LYNX
Budget, advising the proposed funding by staff as of August 25 is $2,269,741. This includes the delay of the new service
Link 232 until April 2009.
Commissioners
McLean, Dallari and Van Der Weide agreed that the Board needs to fund
LYNX.
Chairman
Carey suggested the Board fund LYNX according to the formula.
Planner,
Dick Boyer, addressed the Board to explain what the August 25 budget amount
includes. He said the proposed fare
increase would require a public hearing by LYNX.
The
Chairman clarified that whatever the
formula is today, that is what the Board has said they will fund and if there
is a fare increase or other things done, that amount will be adjusted. The Board voiced no objections.
- -
-
The
Board, by unanimous consensus,
agreed with the 2% reduction in General fund being proposed as outlined on page
5.
- - -
Chairman
Carey commented that it appears it is much more cost effective to do training
in-house as shown on page 7.
- - -
Director
of Information Technology, Robert Beach, addressed the Board to discuss the
ranking of projects as outlined on page 13.
Commissioner
Dallari asked that a dollar amount be identified for each project.
The
Chairman suggested that a five-year CIP be done for Information
Technology.
- - -
The
Board voiced no interest in
reviewing impact fees.
Discussion
ensued with regard to the three pedestrian overpass/underpass projects as
outlined on page 23.
Commissioner
Dallari stated these three projects were included in the referendum and,
therefore, should remain in the budget.
Public
Works Director, Gary Johnson, advised the two school crossing overpasses were
included in the referendum.
Commissioner
Van Der Weide stated the Board made a commitment to do these overpasses so they
need to live up to that commitment.
Chairman
Carey stated she does not support the overpasses.
The
Board, by majority consensus, with
Commissioner Carey, dissenting, agreed to leave the three pedestrian
Overpass/Underpass Projects in the budget.
- - -
With
regard to Health Insurance, Ms. Coto advised staff will be bringing back to the
Board a recommendation regarding self-insurance for partial health coverage and
the health clinic.
Commissioner
Dallari asked that partial self-insurance also be reviewed.
- - -
Ms.
Coto advised that staff will be providing additional information to the Board
with regard to the Solid Waste Franchise Agreements when those agreements
expire in 18 months.
- - -
Commissioner
Dallari requested staff look at thermal storage and thermal compressors when
they review energy efficiencies.
- - -
The
Board noted, for information only, the analysis of the leased space at
Reflections.
- - -
A
brief discussion ensued with regard to the Tourist Development Taxes being used
to support Jetta Point, the
Motion by Commissioner Henley, seconded
by Commissioner McLean to approve the ranking for projects to be supported by
Tourist Development Taxes as follows:
(1) Jetta Point; (2) Soldier’s Creek; and (3) Historical Museum.
Districts
1, 2, 3, 4 and 5 voted AYE.
-
- -
Ms.
Coto advised staff has supplied the Board with a scope of work and cost for a
Stormwater Fee Study (page 35). She said
the cost is $60,000.
The
Board, by unanimous consensus,
directed staff to proceed forward with a Stormwater Fee Study in the amount of
$60,000, with the scope of work outlined on page 35.
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Ms.
Coto advised that she has just been informed that SR 46 will be closed at 7:00
p.m. tonight, due to flooding.
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The
Board agreed to reschedule their
meeting on the firefighters’ contract from this afternoon to September 9, 2008
at lunch.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:43 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/slm