BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

SEPTEMBER 11, 2007

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, September 11, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Michael McLean (District 2)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     The Invocation was given by Pastor Chris Whaley, Seminole County Fire Department Chaplain and Pastor of the First Baptist Church of Longwood.

     Commissioner McLean led the Pledge of Allegiance.

COUNTY MANAGER’S CONSENT AGENDA

     Cindy Coto, County Manager, addressed the Board to advise that a Resolution was inserted as Item #12, Approving Revised LHAP for years 2004/2005, 2005/2006, 2006/2007, 2007/2008 and 2009/2010, and staff is asking that the resolution be included in the motion.  She advised with regard to Item #16, approving resolution to ratify issuance by the Orange County Housing Finance Authority of the Homeowners Revenue Bonds, the TEFRA hearing was held on August 30, 2007 and no public comments were received.


     Robert McMillan, County Attorney, clarified for Commissioner Carey the specific procedures for Item #12, Revising LHAP, relating to the Board having the ability of recapturing affordable housing funds if it goes into a foreclosure situation.  He stated the County could buy the property at a foreclosure sale and deal with a separate document later or bring it to the Board individually.  Staff could work in the future on which ones they would or would not buy.

     Commissioner Dallari stated he feels there should be a policy set forth to do that instead of doing it on an individual basis.  He said he would like to see something come back to the Board at a later date.

     Commissioner Carey stated the document indicates that mobile homes are not eligible for assistance but it clarifies that “a manufactured/mobile home is only eligible if it meets the standards set by the Florida Department of Community Affairs, which requires a DCA decal or emblem to be displayed on the home.”  Therefore, she would like the following “mobile homes are not eligible for assistance” be stricken, and she would like that modified throughout the document. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize and approve the following:

Administrative Services

Purchasing and Contracts

1.  Approve Amendment #5, as shown on page ________, to RFP-411-97/BJC - Information Services and Systems Agreement with HTE, Inc. of Lake Mary, Florida, to extend the term of the current Agreement for one (1) year with the option for two (2) additional renewal periods not to exceed one (1) year each.

2.  Approve Change Order #1, as shown on page ________, to CC-1237-06/TLR with Wharton-Smith, Inc. of Lake Monroe, Florida, in the amount of $85,756.00 for permits and unforeseen modifications that were necessary due to deficiencies in the yard piping and proper restraint of the piping during the construction of Greenwood Lakes Reclaim Tank 2.

3.  Award CC-2143-07/DRS, as shown on page ________, Renovation and Minor Construction for Seminole County Fire Station 23 and Fire Station 27 to Southern Building Services, Inc. of Winter Garden, Florida ($710,897.32).

4.  Award Master Agreements CC-2190-07/DRS, as shown on page _________, General Roofing Services for Seminole County to three (3) Contractors: One Source Roofing, Orlando, Florida; Hartford South, LLC, Orlando, Florida; and The Roofing Connection, Orlando, Florida (Total estimated usage is $500,000.00 per year).

5.  Approve the negotiated rates and award PS-1681-06/BLH - Construction Engineering and Inspection Services Agreement, as shown on page ________, for Wekiva Springs Road from County Line to Fox Valley to Bermello Ajamil & Partners, Inc. of Orlando, Florida (Estimated usage $300,000.00 over the term of the Agreement).

6.  Approve the negotiated rates and award PS-1905-07/BLH, as shown on page ________, Engineering Study, Inventory and Design for the Monroe Drainage Basin to Camp Dresser & McKee (CDM), Inc. of Maitland, Florida (Estimated usage $450,000.00 per year).

7.  Approve the ranking list and authorize rate negotiations for PS-2014-07/JVP - Construction Engineering and Inspection Services with GAI Consultants of Orlando, FL for C-15 (Not-to-exceed $1,200,000.00 over the term of two years).

8.  Approve ranking list and authorize staff to negotiate rates for PS-2144-07/BHJ ­– Final Design Services for SR 46 Gateway Sidewalks - Rinehart Road to Airport Boulevard with Burgess & Niple, Inc. of Orlando, Florida ($350,000.00 estimated usage amount over the term of the Agreement).

9.  Approve the Sole Source Procurement and authorize the issuance of a Purchase Order for the annual maintenance of the Geographic Information Services (GIS), with Environmental Systems Research Institute, Inc. (ESRI), Redlands, CA ($81,635.42).

 

 

Community Services

CDBG

10.  Approve and authorize the Community Development Office staff to submit a Consolidated Plan Amendment to the U.S. Department of Housing & Urban Development (HUD) to reallocate $50,000 in CDBG funds from a restroom facility at the Roseland Park neighborhood park to playground improvements at the same park.

 

Community Assistance

11.  Approve and authorize the Chairman to execute the Assumption of Mortgage Agreement, as shown on page ________, for the SHIP affordable housing mortgage originally made by Lillie M. Hagin a/k/a Lillie Hagin-McGill by Cheryl Tolson encumbering the real property located at 3235 Main Street, Sanford, Florida 32771.

12.  Adopt appropriate Resolution #2007-R-161, as shown on page ________, approving Revised Local Affordable Housing Assistance Plans (LHAPs) for Years 2004/2005, 2005/2006, 2006/2007, and Years 2007/2008, 2008/2009, and 2009/2010, making such technical changes retroactive to June 30, 2007; and authorize Community Development Office staff to submit the attached revised LHAPs to the Florida Housing Finance Corporation (FHFC).

 

 

Environmental Services

Business Office

13.  Approve release of the original Water and Sewer Cash Maintenance Bond in the amount of $1,582.60 for the project known as Legacy Academy.

14.  Approve release of the original Water and Sewer Cash Maintenance Bond in the amount of $417.25 for the project known as Monroe Commerce Center West Ph 3.

15.  Authorize establishment of Rate Stabilization Funds for the County's Water & Sewer, and Solid Waste Funds and authorize the County Manager to transfer revenues upon year-end close to the Rate Stabilization Funds as may be necessary consistent with bond covenants and enabling resolutions adopted by the Board.

 

 

Fiscal Services

Administration

16.  Approve and authorize the Chairman to execute Resolution #2007-R-162, as shown on page _________, to ratify issuance by the Orange County Housing Finance Authority of the Homeowner Revenue Bonds and Homeowner Subordinate Revenue Bonds of up to $90,000,000 over the next year on behalf of Seminole County.

 

Budget

17.  Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2007-R-163, as shown on page ________, BAR #07-88 through the Economic Development Fund in the amount of $15,525 to record the receipt of revenue from the City of Longwood and allocate funding for their portion of the 20% match for the Qualified Targeted Industries (QTI) Award made to Sears Home Improvement Products, Inc. as approved by the BCC on March 22, 2005.

18.  Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2007-R-164, as shown on page _______, BAR #07-90 through the Fire Protection Fund in the amount of $261,818 to cover the low bid for construction on Fire Station 23 and Fire Station 27.

19.  Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2007-R-165, as shown on page ________, BAR #07-92 through the General Fund in the amount of $650,000 to increase funding for mandated Medicaid costs.

20.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #07-29 through the General Fund in the amount of $38,611 to transfer funding for payment of emergency child care assistance for the months of August and September.

 

 

Leisure Services

Parks and Recreation

21.  Approve and authorize the Chairman to execute a Resolution #2007-R-166, as shown on page _________, to Amend Fees in Section 20.35, “Leisure Services Schedule”, of the Seminole County Administrative Code.

 

 

Library Services

Museum

22.  Approve and authorize the Chairman to execute a Permission and Release Form, as shown on page _________, granting Gary Monroe permission to use the art works identified as: (1) painting of Big Tree, artist unknown, inventory number 2007.003.0027; and (2) painting of the Lake Monroe Causeway by E. B. Stowe, inventory number 2007.003.0026, in his book “Visual History of the St. Johns River: Florida’s American Heritage River.”

 

 

Planning and Development

Development Review

23.  Authorize the release of the Cash Private Road Maintenance Bond in the amount of $2,420.00 for the Iglesia Cristiana Hispana road improvements, located at 1651 Disciples Point.

24.  Approve and authorize the Chairman to execute the minor plat for Monroe Minor Plat, located on a 0.447 +/- acre parcel on Jergo Road, south of Howell Branch Road in Section 34, Township 21 S, Range 30 E, as requested by the applicant (Steve Monroe).

25.  Approve and authorize the Chairman to execute the final plat for Shoppes at Clayton’s Crossing located on the south side of Aloma Ave., west of SR 417 in Section 31, Township 21 South, Range 31 East, Kohl’s Department Stores, Inc.

 

 

Public Works

Engineering

26.  Adopt appropriate Resolution #2007-R-167, as shown on page ________, and authorize the Chairman to execute Supplemental Amendment Number 1, as shown on page _________, to the County Incentive Grant Program Agreement (Contract No: AO977) with the Florida Department of Transportation for construction of the County Road 15 (Monroe Road) Project from State Road 46 to County Road 431 (Orange Boulevard).

27.  Approve the advance purchase of Florida Department of Transportation (FDOT) Parcel 108 on the State Road 436 and Red Bug Lake Road Interchange Project; and authorize issuance of a check to Gerson Carneiro in the amount of $384,030.00 for closing of this acquisition by the Florida Department of Transportation.  Approve the issuance of a check for a not-to-exceed amount of $5,000.00 to Gerson Carneiro for residential relocation expenses related to this purchase.  Approve the issuance of a check for a not-to-exceed amount of $10,000.00 to Broad and Cassel for attorney’s fees related to this purchase.

28.  Approve the advance purchase of Florida Department of Transportation (FDOT) Parcel 103 on the State Road 436 and Red Bug Lake Road Interchange Project and authorize issuance of a check to Josue G. and Gerda Aguirre in the amount of $345,080.00 for closing of this acquisition by the Florida Department of Transportation.  Approve the issuance of a check for a not-to-exceed amount of $5,000.00 to Josue G. and Gerda Aguirre for residential relocation expenses related to this purchase.  Approve the issuance of a check for a not-to-exceed amount of $10,000.00 to Broad and Cassel for attorney’s fees related to this purchase.

 

Roads-Stormwater

29.  Approve and authorize the Chairman to execute the Third-year Agreement, as shown on page ________, between the University of Illinois and Seminole County for the costs of coordination and chemical analysis associated with atmospheric deposition monitoring needed for Florida Department of Environmental Protection’s (FDEP) Total Maximum Daily Load (TMDL) development.

 

     Under discussion, Chairman Henley stated the Board received Petitions, as shown on page ________, and e-mails (received and filed) from area residents opposing the tennis rate increase (Item #21 amending Leisure Services Schedule fees).  He stated the Board is aware of the residents’ concerns relating to the tennis fees and the residents’ words have not been ignored.

     At the request of Commissioner Carey, Joel Abel, Leisure Services Director, addressed the Board to explain why they are increasing the fees and how they were established. 

     Mr. Abel briefly explained for Commissioner Carey the scholarship program and how residents can stay in the program. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

 

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Carey, seconded by Commissioner Dallari to authorize Chairman to execute Subordination of Utility Interest Agreement, as shown on page _______, with Florida Public Utilities Company for Parcel Numbers 101C/101D in conjunction with the CR 15 road improvement project.

     Districts 1, 2, 3, 4 and 5 voted AYE.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize and approve the following:

Clerk’s Office

31.     Expenditure Approval Lists, as shown on page ________, dated August 13 & 20, 2007, and Payroll Approval List, as shown on page ________, dated August 9, 2007; Chairman to execute Satisfaction of Lien, as shown on page ________, for Cost of Incarceration for Erica Grey Temple, Case No. 2003-MM-004039, in the amount of $13,432.90; BCC Minutes dated August 14, 2007; and noting, for information only, the following Clerk’s received and filed:

 

 1.  Change Order #2, as shown on page ________, to CC-1636-06.

 

 2.  Certificate of Completion, as shown on page ________, for Work Order #8 to CC-1075-05.

 

 3.  Work Order #4, as shown on page ________, to RFP-4232-04.

 

 4.  Certificate of Completion, as shown on page _________, for CC-0835-06.

 

 5.  Copy of memorandum to Ann Colby, Assistant County Attorney, from David G. Shields, Assistant County Attorney, regarding Basic Services Agreement Request for Seminole County v. Sobik’s of Airport Blvd., Inc. and Seminole County v. Seminole Co. State Road 46, Ltd.

 

 6.  Work Order #47, as shown on page ________, to RFP-4214-04.

 

 7.  Work Order #8, as shown on page _________, to PS-5100-01.

 

 8.  Purchase Agreement, as shown on page _________, for Temporary Construction Easement with Diego Santiago regarding Lake Emma Road improvement project, as approved per Binding Written Offer by the BCC on June 12, 2007.

 

 9.  Permitting Mutual Aid Agreement, as shown on page _________, between Seminole County and various other counties and municipalities, as approved by the BCC on February 27, 2007.

 

10.  Notice from the Public Service Commission of Order regarding Docket No. 060253-WS, Utilities, Inc. of Florida.

 

11.  Change Order #1, as shown on page _________, to Work Order #4 for CC-1284-06.

 

12.  Work Order #43, as shown on page _________, to CC-1267-05.

 

13.  Amendment #1, as shown on page _________, to Work Order #5 for PS-1529-06.

 

14.  Maintenance Bond, as shown on page ________, in the amount of $30,813.50 for River Pine Estates.

 

15.  Work Order #74, as shown on page ________, to PS-556-00.

 

16.  First Amendment, as shown on page ________, to Contract IFB-600160-07, Guardian Equipment, Inc.

 

17.  Fourth Amendment, as shown on page ________, to Contract RFP-4174-02, Vila & Son Landscaping.

 

18.  Work Order #4, as shown on page ________, to PS-5181-05.

 

19.  Change Order #1, as shown on page _________, to Work Order #10 for CC-1075-06.

 

20.  Work Order #54, as shown on page _________, to PS-5150-03.

 

21.  Change Order #3, as shown on page ________, to Work Order #1 for CC-1075-06.

 

22.  Bonds and Power of Attorney, as shown on page _________, for CC-1949-07.

 

23.  Maintenance Bond, as shown on page _________, in the amount of $20,838.53 for Copper Chase right-of-way.

 

24.  Work Order #57, as shown on page _________, to CC-1220-03.

 

25.  Second Amendment, as shown on page _________, to RFP-1670-06, Sun Barrier Products, Inc.

 

26.  Change Order #1, as shown on page _________, to Work Order #4 for CC-1075A-06.

 

27.  Notice from the Public Service Commission regarding Docket No. 060368-WS, Aqua Utilities Florida, Inc.

 

28.  Maintenance Bond, as shown on page _________, in the amount of $35,925.51 for Heritage Commons.

 

29.  Work Order #1, as shown on page _________, to CC-1741-07.

 

30.  Certificate of Completion, as shown on page ________, for Change Order #1 to Work Order #52 for CC-1212-03.

 

31.  Work Order #4, as shown on page __________, to CC-0023-05.

 

32.  Work Order #3, as shown on page _________, to RFP-4259-05.

 

33.  Second Amendment, as shown on page _________, to RFP-600006-06, Ott Landscape Maintenance, Inc.

 

34.  Amendment #1, as shown on page _________, to Work Order #14 for PS-5165-04.

 

35.  Work Order #2, as shown on page _________, to RFP-0558-06.

 

36.  Copy of memorandum to Ann Colby, Assistant County Attorney, from David G. Shields, Assistant County Attorney, regarding Basic Services Agreement Request for Seminole County v. Townsend, et al.

 

37.  Contract #M-2379-07, as shown on page _________, with The Trane Company.

 

38.  Work Order #8, as shown on page _________, to RFP-0225-05.

 

39.  Work Order #2, as shown on page __________, to CC-1741-07.

 

40.  Contract #M-2457-07, as shown on page _________, with One Source Roofing.

 

41.  Amendment #1, as shown on page _________, to Work Order #7 for RFP-0225-05.

 

42.  Work Order #3, as shown on page _________, to PS-0219-05.

 

43.  Work Order #9, as shown on page _________, to RFP-0225-05.

 

44.  Purchase Agreement, as shown on page _________, with Michael J. Kott and Suzanne Cornwell for Temporary Construction Easement regarding Lake Emma Road improvement project, as approved per Binding Written Offer by the BCC on June 12, 2007.

 

45.  Re-recorded Developer’s Commitment Agreement, as shown on page _________, for Maronda Systems PUD.

 

46.  Re-recorded Development Order, as shown on page _________, for Maronda Systems Incorporated PUD Rezoning.

 

47.  Development Order, as shown on page _________, for 1052 Creeks Bend Dr., Ryan & Kathryn Strandquest.

 

48.  Addendum #3, as shown on page _________, to Sunlake PUD Developer’s Commitment Agreement.

 

49.  Conditional Utility Agreements, as shown on page __________, for Water and Sewer Service with Orange 46 Plaza LLC and Arbor Glen Professional Park LLC.

 

50.  Letters of acceptance and Bills of Sale, as shown on page _________, for Water and Sewer Systems for the projects known as Heritage Commons and Fifth Third Bank.

 

51.  Development Order, as shown on page _________, for Kristin L. Green Waiver.

 

52.  Recorded Declaration of Restrictive Covenants, as shown on page _________, with the Florida Communities Trust.

 

53.  Warranty Deed, as shown on page _________, between Seminole Co. State Road 46, Ltd. and Seminole County regarding Parcels No. 101A/101B, CR 15.

 

54.  Notice to Proceed, as shown on page _________, for RFQ-2199-07, Sunrise Systems of Brevard, Inc.

 

55.  Amendment #1, as shown on page _________, to Work Order #25 for PS-5174-04.

 

56.  Change Order #3, as shown on page _________, to CC-1055-06.

 

57.  Contract #M-2508-07, as shown on page _________, with Pro Steel.

 

58.  Bids as follows:  CC-2183-07; CC-2184-07; DB-2116-07; and Presentation Materials for PS-1903-07.

 

Sheriff's Office

32.  Approval by the Board of County Commissioners to expend $2,000 from the Law Enforcement Trust Fund to provide for a contribution to the 2007 Seminole County Red Ribbon Campaign.

 

            Districts 1, 2, 3, 4 and 5 voted AYE.

REGULAR AGENDA

     Don Fisher, Deputy County Manager, addressed the Board to present an Appeal by the respondent, Terry Aston, of the Deputy County’s Manager’s denial of his request to reduce Code Enforcement Lien in the amount of $34,810 for property located at 4985 and 4995 CR 427.  He explained why the respondent’s request was denied.

     Upon inquiry by Commissioner McLean, Tina Williamson, Acting Planning Manager, addressed the Board to advise the respondent was aware of the lien prior to purchasing the property.

     Upon inquiry by Commissioner Carey, Mr. McMillan advised the purchaser can buy property with a lien on it and it doesn’t have to be satisfied during closing.  Normally, people will not buy property unless the lien is paid off.  If a lien was missed, then it is a claim against the title company.

     Attorney Victor Chapman addressed the Board to state Mr. Aston was aware of the lien.  He stated staff’s June memo recommended that the $34,000 be waived and the respondent to pay $700, but that was withdrawn.  He added Mr. Aston paid approximately $25,000 to clean up the property prior to buying the property.  At the request of Commissioner Dallari, Attorney Chapman submitted a copy of the memo (not received and filed) that staff sent.  Discussion ensued.

     Mr. McMillan stated if there is a lien, theoretically the purchaser is going to pay less for the property.

     Commissioner Carey stated she has looked at the property and she is glad to see that this property was cleaned up.  She said she believes Mr. Aston was aware of the lien; therefore, she is not willing to waive the amount down to the administrative fee.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to reduce by 50% ($17,405) Code Enforcement Lien for property located at 4985 and 4995 CR 427, Terry Aston, with the amount to be paid within 60 days.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Mr. Fisher requested approval of the School Facility Joint Funding and Use Interlocal Agreement prepared by Seminole County; and approval of the School Facility Joint Funding and Use Interlocal Agreement prepared by the School Board.  He stated this item was pulled from the June 26, 2007 agenda to give the School Board time to address concerns they had with the agreement.  The School Board summarized their concerns in their letter (not received and filed).

     Chairman Henley recapped the issues that were brought forth during discussions at the previous Board meetings.

     Commissioner Dallari stated the Board has had a very good working relationship with Lake Mary and the School Board, and to have some flexibility is critical.  He stated he feels the principal in charge of the school needs to be responsible.   He feels the right move to make is to partner with the City and the School Board for this pool. 

     Commissioner Carey stated she has concerns with what they are doing.  She stated if the School Board is going to reduce it to one pool, then they should be able to reduce the budget amount to reflect that. 

Principal Boyd Karns, Lake Mary High School, addressed the Board to state each entity is proportional up to the $1.9 million; and if the scope came back to one pool facility, the County’s position will be less than that. 

     Commissioner Carey stated Page 3, Item 4 of the agreement indicates that “children under the age of 5 years shall not be presented in or on the facility”.  She stated she has concerns with that being in the agreement.  There were other discussions relating to some user fees associated with whatever the School Board was going to adopt and that would be part of the agreement.  However, she does not see that as part of the agreement.

     Mr. Karns stated that sentence relating to children under 5 years old not being allowed in the facility will be stricken from the agreement.

     Commissioner Carey stated she feels an agreement should not be sent to someone for approval before this Board approves it first. 

     Motion by Commissioner McLean, seconded by Van Der Weide to approve the revised School Facility Joint Funding and Use Interlocal Agreement, as shown on page _________, prepared by the School Board, with the language stricken from the agreement regarding five-year old children, as discussed.

     Districts 1, 2, 3, and 4 voted AYE.

     Commissioner Carey voted NAY.

COUNTY MANAGER’S BRIEFING

     Meloney Lung, Support Services, addressed the Board to advise the consultant, Stainback Public Private Real Estate (SPPRE), is providing an update on Phase I and II to RFP-600106-06, Finance and Development Services for the Five Points Government Center. 

     John Stainback, SPPRE, addressed the Board to display a PowerPoint Presentation (received and filed) of Phase I and II of the Five Points Government Center.  He began his presentation by reviewing Section 1, the Concept and the FPGC Site.

     Upon inquiry by Commissioner Dallari, Mr. Stainback advised a small portion of Section F is wetlands and he will review the cost of mitigating that. 

Mr. Stainback continued by reviewing Section 2, Generate Income for County and Provide Complimentary Land Uses at FPGC, Nine Types of Land Lease Payments to Public Partners; and Section 3, SPPRE Objectives for the County.

Commissioner Dallari asked Mr. Stainback if he reviewed the other report that was done relating to the I-4 and 17-92 corridor.  Mr. Stainback stated his report was done before the other report was done and he anticipates doing a scenario where there is no hotel or conference center.  Mr. Stainback continued his presentation by reviewing Section 4, Current Project Status of the Six Phases.

Chairman Henley stated he would like an explanation why the auto dealership that the County owns was not utilized in the concept plan.  He said he is not pleased with the concept plan showing a convention center and hotel as it opens up a new ball game and he is not ready to move forward on the basis of this concept plan. 

Commissioner Dallari agreed, stating he feels there should have been more cross access easements and more interaction between the ERC study.  The thing that concerns him is the wetlands in that area, as there should be additional research on what the percentage of land are wetlands and what the mitigation cost would be.

     Commissioner McLean stated he feels it makes more sense to go back to the beginning by looking at the analysis and evaluation again without the hotel and conference center. 

     Chairman Henley stated he would like to make sure they incorporate that parcel and look at cross access for a garage to be located on part of the parcel.  This would give them more office as well as rental space for retail. 

     Mr. McMillan advised the Supreme Court overturned significant CRA and TIF bonds to require referendums if the County is going to use TIF bonds.  If the Board is looking at funding scenarios that doesn’t include the use of TIF bonds, they need to provide direction due to the public/private financing world shifting. 

     Chairman Henley stated he would like the consultant to define more clearly the wetland issue, eliminate the conference hotel center, see a funding scenario based upon actual numbers, and funding TIF bonds and without TIF bonds.

     Commissioner Carey stated the Auto World property needs to be included in this.  These scenarios were done in June and she would like to see the conference center and hotel taken out as they are not components.  The County may want to look at a phased approach of how this is going to happen.  Therefore, she would like to see all of the properties that they have as part of the analysis.  She stated she feels staff needs to look at how rerouting of Seminole Community College’s road is going to play with coming into the back of this property.

     Commissioner Dallari stated he would like staff to speak to SCC to see how they can partnership with their master plan and to try to get a joint use of the new improvements that needs to be made on both sites.

     Commissioner Carey stated she feels it would help the County’s retail opportunities if they oriented some of that towards the college.

Mr. Stainback continued by reviewing the Results of the Analysis outlined in Section 6; Sites Recommended for Commercial Development; Sanford Land Parcels outlined in Section 7; Land Lease-Backed Revenue Bonds; and TIF-Backed Revenue Bonds.

     Commissioner Carey asked Mr. Stainback to give the Board some idea of other financial aspects besides the TIF-Backed Revenue Bonds. 

     Chairman Henley requested that Ms. Coto work up the directions and submit it to Mr. Stainback.

     Mr. Stainback concluded by reviewing the Summary of the Financial Analysis to FPGC.

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     Chairman Henley recessed the meeting at 10:40 a.m., reconvening it at 10:49 a.m.

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     Lisa Spriggs, Fiscal Services Director, addressed the Board to give an update on the FY 2007/08 and FY 2008/09 proposed Budget.  She submitted an outline (not received and filed) consisting of several items that were discussed during the Budget work sessions.   Staff is making adjustments for approximately $2.6 million in operating budgets that were reductions from departments.  Reductions of approximately $1.3 million were also made for outside agencies funding.  In addition, $3.5 million in service level reductions were also made.  The Board approved variations to the Leisure Service fees and that will generate approximately $450,000.  She stated reductions were made and placed in the 2008 budget reserves for the Museum appropriation of $1.4 million and Wilson’s Landing appropriation of $1.4 million.  The Sheriff’s Office has submitted, via memorandum, an additional operation reduction of $910,000.  Staff will make adjustments for the Port Authority funding ($950,000) that will come in.  Staff is working with the outside broker on estimates for excess loss insurance policies.  This is an estimate of a reduction on the ad valorem supported funds of $1.2 million and staff will be finalizing that over the next two weeks.  Staff has reviewed the computer lease program and they estimate that they can have a further reduction of $500,000.  The reduction is approximately $6 million and that is only within the area of the ad valorem supported funds.  During the budget work sessions, they had targeted a $10 million reduction.  She referred to a spreadsheet (received and filed) reflecting the ad valorem dependent funds and reviewed the combined totals.  She referred to a memorandum (received and filed) submitted by the County Manager relating to the Adult Drug Court program and new positions in the Judiciary area.  She said staff is continuing to work with the State Attorney, Public Defender, and the Judiciary offices in coming up with a conclusion of how they can fund their technology needs.

     Ms. Coto stated as it relates to the Adult Drug Court and the eight positions, she will be seeking direction from the Board as to what action they need to take on these issues.  She said she was directed to meet with the Judiciary relating to the Adult Drug Court and the eight positions and a lot of information was exchanged.  She said she also has submitted responses from the Judiciary members to the questions she asked and a desk audit of the eight positions, as well as job descriptions provided by the Judiciary, and responses relating to the $2 Technology Fee were provided.  Based on their response on the $2.00 technology fee, she believes they offered $4,000 in reductions.

     Commissioner Carey stated she has some concerns relating to the Judiciary positions as the children services and the financial institutions are going to suffer.  She stated she feels the Adult Drug Court program could be better and she feels it is important to get that program to where it needs to be, but at the same time be sensitive to how it is used.  She added she feels the County needs to look at how they distribute the technology fee funds. 

     Upon inquiry by Chairman Henley, Ms. Coto advised the Board can dictate how much money the Judges receive, but she is not sure if they can dictate the actual expenditure as that is within their discretion.

     Chairman Henley stated he feels Seminole County is the only county that has those positions and he would like to know how the counties handle these issues.  He asked if there is a way to accomplish this without having to fork out that kind of money.  He stated he has concerns that the other counties seem to get it done and Seminole County has to get it done with all the additional personnel.  The Drug Court has been in operation for several years and the record doesn’t appear to be up-to-date as to how many are enrolled in it, but the success rate was.  He feels a lot needs to be looked at in those programs before he is willing to cut other things. 

     Ms. Coto stated she would like direction as to whether or not staff needs to do additional work before the final public hearing.  She stated she spoke to Ron Serra, Deputy Court Administrator, relating to the eight positions and he indicated that the State would not fund them.  However, they felt that those positions allowed them to be more efficient than other court districts throughout the State of Florida.  She stated her response was that the County has to reduce the level of services to the residents. 

     Chairman Henley stated the point is they have to make some judgments in regard to this and he feels it is a very difficult argument when they say they can be more efficient, but they can get the job done with less by redeploying some of the duties. 

     Commissioner Van Der Weide stated every item in the budget has been scrutinized and it is disturbing to him when they get conflicting stories about the needs.  He stated he doesn’t know how they can justify it unless more information comes down the pike.

     Commissioner Dallari stated children services have to be the critical one, but if they cut the Guardian Ad Litem coordinator how will it affect the program.  He stated he would like additional information as to how much it will affect the program and what it will do to the program.  Discussion ensued relating to outsourcing the program.

     Ms. Coto stated staff has not run a full analysis as to whether they could do it with existing staff, if they could do it with contracted services, if it would be less expensive if the County would take took over the program.

     Commissioner Van Der Weide stated it would be interesting to see where they are going to get the money.  The County has overwhelmingly supported the courts compared to their neighbors in other counties and they are going to have to replace the funds. 

     Chairman Henley stated he feels accountability has to be there and he doesn’t know where the money will come from.  He stated he has heard that the number of people being served by the drug court is going down. 

     Commissioner Carey stated she would like to see the numbers as to how many people are in the Adult Drug Program.

     Chairman Henley stated the goal needs to be  to get them off the drugs and not in jail so they can be productive in society.

     Upon inquiry by Commissioner Dallari, Ms. Coto advised staff has eliminated some of the BCC positions that were vacant and she is not looking at a lay-off situation.  She stated the positions associated with the Judiciary are fully staffed, but if the positions are not fully funded and if the Judiciary is not able to receive some other source of funding, then they will look at a lay-off situation for those eight positions. 

     Ms. Spriggs discussed with the Board the combined total of the ad valorem dependent funds and the reserves.

     Ms. Coto stated she is comfortable with staff’s recommendations to date.  She said depending on what happens during the January 29 election, they will probably have additional sessions in February to discuss how they amend the present year budget as well as the 2008/2009 budget should the constitutional amendment pass. 

     Ms. Coto informed Chairman Henley what the impact could be on local governments as the State attempts to balance their budget.

     Mr. McMillan stated in the past the Legislature created an Office of Conflict Counsel and the County has to fund it.  The Legislature recently appointed who will be the conflict counsel for this district and it is not reflected in the budget. 

     Upon inquiry by Commissioner Dallari, Mr. McMillan advised the County has to pay certain things and it is set up by district.  He stated he is not sure how the cost will be allocated among everyone in the fifth district but that needs to be worked out. 

     Commissioner McLean stated there have been discussions relating to elimination of the contributions for the Chamber of Commerce, Vision Seminole and Leadership Seminole.  There were also discussions relative to the Chamber putting together a governmental-type membership that would specifically deal with the needs of governmental entities as opposed to a business entity.  The Chamber has put together a package and that will be sent to the Board.  The President of the Chamber will be attending the first Budget public hearing to answer any questions.

     Ms. Spriggs pointed out that staff will be announcing what the millage rates will be at the first Budget public hearing due to House Bill 1B and the new entrance of a statutory maximum.   She stated the Board would need to secure a super majority vote if they adopt anything over the statutory maximum and the rollback rate.  If a super majority is not secured, then the Board could jeopardize distribution of the sales tax revenue of approximately $26 million.

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     Chairman Henley recessed the meeting at 11:21 a.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session. 

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. 

CONSIDERATION OF THE TWIN

PINES WATER & WASTEWATER MSBU

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider establishing the final assessments for the Twin Pines Water and Wastewater Improvement MSBU, received and filed. 

     Kathy Moore, Fiscal Services, addressed the Board to present the proposed resolution, advising that the interest amount has been revised, but that does not have an impact on the project cost nor the property assessments.  Copy of revised Exhibit A was received and filed. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-168, as shown on page _______, establishing the final assessments for the Twin Pines Water and Wastewater Improvement MSBU, as described in the proof of publication. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

APPEAL AGAINST THE BOA,

TORBEN ABBOTT

 

     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 minimum lot size variance from 43,560 square feet to 7,500 square feet; a variance to the minimum lot width at the building line from 150 feet to 50 feet; a front yard setback variance from 50 feet to 25 feet; and a side street setback variance from 50 feet to 10 feet for a proposed single home in an A-1 (Agriculture District), for property located on the northwest corner of the intersection of Second Street and Emmett Avenue, Torben Abbott, received and filed. 

     Planner, Kathy Fall, addressed the Board to present the request, advising the subject lot was created as a part of the 1st Addition to Sylvan Lake, which was platted in 1925.  She said the lot is nonconforming and deemed antiquated.  She displayed a map (received & filed) showing area residents who have indicated their opposition and support of the appeal. 

     District Commissioner Carey advised staff that someone has cleared out everything in the house on the corner of Emmett Avenue and 1st Street and put it in the street.  She requested staff contact Code Enforcement about this situation. 

     Torben Abbott, Appellant, addressed the Board to advise he owns the property to the west of the subject lot.  He said when he purchased the property about a year ago, he did his due diligence to make sure it was a buildable lot.  He further said that he did look at the subject lot and all the information he received was that the lot was unbuildable.  He stated he went through with the purchase of his property expecting the Code to be enforced.  He added that this has a huge effect on whether he proceeds to build on his property or not.  He displayed a picture (received & filed) of how the house would look on the property if all the variances are approved.  He stated with the house only ten feet off the road, there would not be enough room in the driveway for cars to park.  He displayed photographs (received & filed) showing two homes in the area with driveways that sit back from the road. 

     Chairman Henley submitted a Written Comment Form (received & filed) from Michael Kelch in opposition to the variances. 

     Carter Bluge, 2200 Emmett Ave., addressed the Board to speak in support of the appeal and against the granting of the variances. 

     Vincent Corino, 408 Country Wood Circle, addressed the Board to advise he owns property on the corner of Fourth Street and Emmett Avenue and he supports the granting of the variances because one day he will want to develop his property and construct more than one house on it. 

     David Gardner, subject property owner, addressed the Board to request approval of the variances and denial of the appeal.  He said that the depiction of the house he proposes to build on the property submitted by Mr. Abbott is a misrepresentation.  He said he wants to live in the house he proposes to build.  He further said that a precedent has already been set in the area with the Board of Adjustment granting a similar variance.  He stated that there are a couple of houses in the neighborhood that are on lots the size of his.  He advised Commissioner Carey that the house on the corner she referred to is being remodeled by an investor.  He added that the area is in transition and many things are going to happen in the near future. 

     Upon inquiry by District Commissioner Carey, Mr. Gardner advised he did research the property before he purchased it. 

     Mr. Abbott displayed a copy of the plat (received & filed) of the area, advising the lots that were purchased and flipped recently.  He asked the Board to apply the rules and regulations in this case. 

     No one else spoke in support or in opposition. 

     Speaker Request Forms were received and filed. 

     An aerial photograph of the property and proposed house plan were received and filed. 

     District Commissioner Carey advised the lots that the Board of Adjustment approved are closer to Wilson Road and were never appealed to the BCC.  She said she has researched the property in the area and have found that the homes in the immediate area are on more than an acre of property and range in size from 3,000 to over 4,000 square feet.  She stated that she does not believe the lot in question is in keeping with the character of the area and for the Board to allow substandard lots to develop would be unfair to the community.  Therefore, she recommended approval of the appeal, thereby denying the requested variances. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to reverse the Board of Adjustment’s decision, thereby, granting the appeal against the Board of Adjustment’s decision to approve a minimum lot size variance from 43,560 square feet to 7,500 square feet; a variance to the minimum lot width at the building line from 150 feet to 50 feet; a front yard setback variance from 50 feet to 25 feet; and a side street setback variance from 50 feet to 10 feet for a proposed single home in an A-1 (Agriculture District), for property located on the northwest corner of the intersection of Second Street and Emmett Avenue, as described in the proof of publication, Torben Abbott; Decision of Appeal, as shown on page _______. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     Commissioner Carey requested staff to advise Code Enforcement of the situation at the corner of 1st Street and Emmett Avenue. 

APPEAL AGAINST THE BOA,

NORA MARTINEZ

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a minimum lot size variance from 11,700 square feet to 7,020 square feet and a variance to the minimum lot width at the building line from 90 feet to 65 feet for a proposed home in R-1AA, property located on the east side of Virginia Avenue approximately 560 feet north of Pineview (Single Family Dwelling District), Nora Martinez, received and filed. 

     Planner, Kathy Fall, presented the appeal, advising the current zoning regulations in R-1AA were in effect in 1971, at which time the lots (8 & 9) were combined in order to meet minimum requirements for lot size and lot width so that a house on Lot 8 could be legally constructed.  She said the applicant separated the two lots by selling Lot 8 with the house unit to Jose Santiago.  That action resulted in two nonconforming lots (Lots 8 & 9).  She further stated that staff feels the appellant has created this hardship by separating the lots and, therefore, recommends the BCC uphold the Board of Adjustment’s decision to deny the variances. 

     Bernard Hugvenot, 1138 Virginia Avenue, addressed the Board to advise he lives directly across the street since 1978.  He said he is in opposition to the appeal and believes it would be in the best interest of the community that the variances not be approved. 

     Jose Santiago, 1133 Virginia Avenue, addressed the Board to request the BCC uphold the Board of Adjustment’s decision and deny the requested variances.  He asked the Board to protect him, the neighborhood and their property values. 

     Victor Irizarry, representing the appellant, addressed the Board to advise Ms. Martinez has had a death in the family and is not in attendance.  He said he and his wife are interested in purchasing the lot in question from Ms. Martinez.  He displayed a copy of Policies FLU 3.1 and 3.2 of the Vision 2020 Comprehensive Plan (received & filed) regarding nonconforming uses and antiquated plats.  He emphasized that the policy reads, “The County shall continue to resolve land use compatibility, environmental and infrastructure issues related to antiquated plats by way of, but not limited to, the following techniques: A. Requiring the combining of lots; and B. Allowing for replatting and vacating and abandonment procedures.”  He stated the lot is in the middle of a residential development and is platted for the purpose of putting a house on it.  He said the County has approved similar variances in the area.  He also said there are no infrastructure or environmental issues.  He displayed a drawing (received & filed) of the house he is proposing to build on the lot, stating it will cost $339,900.  He also displayed a flyer (received & filed) advertising a house on Ridgewood Street for sale at $289,900.  He stated that house is on a regular sized lot.  He added that he can build a very expensive house on the lot which will increase the value of the neighborhood. 

     Chairman Henley consented to the fact that there are lots in this area that are smaller; however, they were never brought before the BCC for approval.  He said the policy has been to combine non-conforming lots in order to make them conforming.  However, Mrs. Martinez sold off the lot in spite of that policy and has created two non-conforming lots and her own hardship. 

     Mr. Irizarry stated Mr. Santiago knew what he was purchasing from Mrs. Martinez and she took a big loss on the property when she sold it. 

     No one else spoke in support or in opposition. 

     County Attorney, Robert McMillan, clarified that the lots were combined because that is the only way the house was allowed to be built on the property. 

     District Commissioner Henley recommended upholding the Board of Adjustment. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to deny the Appeal, thereby, upholding the Board of Adjustment’s decision to deny a minimum lot size variance from 11,700 square feet to 7,020 square feet and a variance to the minimum lot width at the building line from 90 feet to 65 feet for a proposed home in R-1AA, property located on the east side of Virginia Avenue approximately 560 feet north of Pineview (Single Family Dwelling District), as described in the proof of publication, Nora Martinez; Denial of Appeal, as shown on page _______. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

APPEAL AGAINST BOA,

S. SEMINOLE CHURCH OF CHRIST

 

     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 an alcoholic beverage establishment (sports bar) in a C-2 (Retail Commercial) zoning, for property located at 5410 Lake Howell Road, South Seminole Church of Christ, received and filed. 

     Planner, Kathy Fall, presented the appeal, advising the sports bar is proposed to go into the old Winn Dixie shopping center at the southwest corner of Howell Branch Road and Lake Howell Road.  She said the applicant has submitted an affidavit and survey showing that they do meet the separation requirement from the church (S. Seminole Church of Christ).  She explained that the code requires that the measurement of the separation be along the pedestrian/public right-of-way.  She displayed the aerial maps of the property (received & filed) showing four different routes taken from the proposed sports bar to the church property and the measurements of same. 

     Commissioner Carey clarified with Ms. Fall that Route #2 is the route that is required by code and the distance between the sport bar’s door and the church’s property is 1,410 feet. 

     Gary Summers, representing South Seminole Church of Christ, addressed the Board to advise the church shares the same access road with the plaza on Lake Howell Road.  He further advised that the church hired a surveyor to measure the distance from the bar to the church’s property and they have come up with a distance of 922 feet (survey received & filed).  He said the measurement was taken from the church’s property line to the nearest entrance to the plaza which is directly across the street from the church.  He said the law was made in order to protect the church.  He expressed his concern that there will be televisions and outdoor speakers outside and that the noise will travel to the church when they are having their services.  He also expressed his concern that the football games will be ending about the time church service is over on Sunday nights and that patrons of the bar will be driving home after having been drinking.  He said this is a safety concern for their members.  He submitted a copy of internet articles about drunken astronauts and a woman driving over her boyfriend.  He further said the church feels their members will be at risk because of the location of the bar; therefore, they are asking that the Board of Adjustment’s decision be reversed and the Special Exception for the sports bar denied.

     Discussion ensued between the Board and Attorney McMillan regarding how to measure the distance between the church and the sports bar. 

     Frank Vassell, 1439 Renee Avenue, Orlando, addressed the Board to speak in support of the appeal, stating he feels the measurement should be taken from the nearest entrance to the church and plaza which is on Lake Howell Road. 

     Guy Dickinson, 350 S. Triplet Lake Drive, addressed the Board to speak in support of the appeal, stating it seems to him that the country is losing direction when there is disregard for the right of Christian people to be an influence for good.  He said that if there is any ambiguity in the law, then the ruling should be on behalf of the church.  He added that the law was written to protect the church. 

     Commissioner Van Der Weide left the meeting at this time. 

     The Chairman recessed the meeting at 3:05 p.m., reconvening it at 3:11 p.m., this same date with all Commissioners in attendance. 

     Rev. John Book addressed the Board to speak in support of the appeal and against the Special Exception for the sports bar.  He said that he hopes the Board takes the intent of the law into consideration and protects the church. 

     Attorney Donovan Roper, representing O.C. South Sports Bar, addressed the Board to advise the main entrance for the sports bar is off Howell Branch Road.  He discussed the survey (copy received & filed) his client had done showing the distance between the sports bar and the church is over 1,000 feet.  He identified other establishments in the area that serve alcohol and clarified that there will be no televisions or outdoor speakers outside of the bar.  He stated that they have clearly met the criteria for the granting of the Special Exception and they do not believe that this will adversely affect the area.  Therefore, they would respectfully request that the appeal be denied. 

     Mr. Summers stated the church’s position is that the bar does not comply with the separation code. 

     No one else spoke in support or in opposition.

     Speaker Request Forms and Written Comment Forms were received and filed. 

     District Commissioner Henley stated he takes issue with the comment that the bar will not adversely affect the public because he believes alcohol does impair people.  He said the main product selling at the sports bar will be alcohol.  He added that with the code being ambiguous, he would error on the side of caution and, therefore, recommend the appeal be granted and the special exception be denied. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to grant the Appeal, thereby, reversing the Board of Adjustment’s decision to approve an alcoholic beverage establishment (sports bar) in a C-2 (Retail Commercial) zoning, for property located at 5410 Lake Howell Road, as described in the proof of publication, South Seminole Church of Christ; Appeal of Decision, as shown on page _______. 

     Under discussion, Commissioner Carey stated that she believes the staff took the proper measurement according to Code.  She said that the County has been sued several times over these issues. 

     Commissioner Van Der Weide stated common sense needs to be used because if someone is going to walk to that establishment, they will go the easiest and closest route.  He suggested the policies be cleaned up as soon as possible. 

     Districts 1, 2, 3, and 4 voted AYE. 

     Commissioner Carey voted NAY. 

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     The meeting was recessed at 3:41 and reconvened at 3:50 p.m., this same date. 

 

ADD-ON REGULAR AGENDA

     Acting Administrative Services Director, Frank Raymond, addressed the Board to request direction with regard to RFP-600209-07/BJC, Employee Benefits:  Group Medical Benefits, Voluntary Dental, Voluntary Cancer Plan, Voluntary Short Term Disability, COBRA Administration and FSA Administration.  He reviewed the Risk Management Executive Committee’s recommendation with regard to same. 

     Commissioner Carey stated that she is not a member of the Executive Committee, but, in her opinion, the most cost-saving plan for health insurance is Schedule 2 under United Health Care.  She questioned what will happen if the Sheriff’s Office and the other Constitutional Officers decide not to go with Blue Cross/Blue Shield and stays with United Health Care. 

     Andria Herr, AGIS, County consultant, addressed the Board to advise the RFP was designed to allow the Sheriff to pull out of the plan.  As far as the other Constitutional Officers pulling out, most are small numbers and will not alter the plan.   However, if the Clerk of Court pulls out, that may change the population numbers. 

     Commissioner Carey suggested they see what it would cost with dual enrollment for health care and leave it up to the employees on which plan to choose.  She said that could be brought back to the Board at the next meeting. 

     Chairman Henley stated that the dual enrollment scenario was not offered in the RFP.  Discussion ensued. 

     Commissioner Dallari expressed his thanks to Ms. Herr and the County staff for their work on this over the past few weeks.  He said the biggest thing he took away after listening to all the presentations, was that no one wanted to reduce benefits and Blue Cross/Blue Shield gave a renewal on trends and there is a significant savings not just this year, but the following year also.  He said with Blue Cross/Blue Shield employees can be served out of state and not until they get out of the network do they have a co-pay.  He said after looking at the two plans (BCBS and United Health Care) he believes the County is getting a better plan for less money with BCBS. 

     Commissioner Carey expressed her concern that a number of employees have come to her and have said how much they treasure their health insurance and were not interested in switching from United Health Care. 

     Commissioner McLean stated the goal of the Executive Committee was to deliver a similar benefits package and save dollars.  He said in each of the cases (BCBS & United Health Care) the County will be paying more money. 

     Commissioner Dallari stated that the savings by going with BCBS could go toward the County picking up more of the dependent coverage costs. 

     Commissioner Carey said that she knows the State has BCBS and questioned if it would be cost-effective to “piggy-back” on their policy. 

     Ms. Herr stated there are various BCBS plans and she does not know the process or the timeframe for “piggy-backing” on the State’s plan. 

     Commissioner Van Der Weide stated he would like to know the breakdown of the number of employees that would benefit by the County increasing their dependent coverage costs. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to award RFP-600209-07/BJC Group Medical Benefits, COBRA Administration and FSA Administration to Blue Cross/Blue Shield of Florida, Inc. (BCBS) Schedule One. 

     Under discussion, Commissioner Carey asked that the employees using the health savings account be issued debit cards so that they do not have to wait for reimbursement. 

     Commissioners Dallari and McLean agreed to add that to the motion. 

     Districts 1, 2, 3, and 4 voted AYE. 

     Commissioner Carey voted NAY. 

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     Discussion ensued with regard to the Dental Insurance under RFP-600209-07/BJC. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to award Voluntary Dental Insurance under RFP-600209-07/BJC to Starmark Benefits, Fort Lauderdale. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Discussion ensued with regard to Cancer and Short Term Disability Insurance under RFP-600209-07/BJC. 

     At the request of the Board, Ms. Herr referred to a letter (not received & filed) regarding KMG America Corporation and discussed the eight points in same. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to award Voluntary Cancer Insurance and Voluntary Short Term Disability to KMG America Corp., Lancaster, SC. 

     Discussion ensued with regard to the rating of the company. 

     Commissioner Carey stated that the pre-existing conditions clause was not clear. 

     Chairman Henley said that the concern about the company’s rating is substantially new. 

     Upon inquiry by Commissioner Carey, Attorney McMillan advised he would have a concern about going back to PIC and asking for a clarification on the one-on-one meetings. 

     Districts 2 and 3 voted AYE. 

     Commissioners Dallari, Henley and Carey voted NAY, whereupon, the motion failed for the lack of a majority vote.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to award Voluntary Cancer Insurance and Voluntary Short Term Disability under RFP-600209-07/BJC to PIC. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

CHAIRMAN’S REPORT

     Chairman Henley asked for Board consensus to direct staff to identify the number of establishments that serve alcohol in the unincorporated area and the number that have been permitted for construction.  He said the County has authority to establish a cap on the number that they want to allow.  He further said he believes this is something that the Board needs to look at.  He added that three or four establishments on every block is too much. 

     Commissioner Carey stated she believes the Board would be getting into a “pandora’s box”.  She said there are strict rules for restaurants and bars; and the Board needs to keep in mind that every major motel has onsite consumption of alcohol.  She said alcohol is not illegal and she feels the Board would be on a slippery slope. 

     Commissioner Van Der Weide stated he believes the staff, along with the County Attorney, need to determine how the 1,000-foot separation is measured and clarify the Code.  He said he is not interested in getting involved in counting the number of establishments that can serve alcohol in a given area.  However, he is interested in a County Code that makes sense. 

     Commissioner Carey agreed with Commissioner Van Der Weide that the Code needs to be nailed down. 

     The Board, by majority consensus, directed staff to revisit the existing policy dealing with the separation requirement between an alcoholic establishment and schools and churches. 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner McLean noted that the next CALNO meeting (joint meeting with the BCC) will be held at the County Services Building on October 3 at 6:30 p.m.

     Commissioner Carey stated that she would not be available to attend that meeting. 

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     Commissioner McLean announced that a fundraising event will be held on October 12 at the Lake Mary Marriott to benefit Community Based Care. 

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     Commissioner McLean displayed a trophy that Helen Stairs Theatre presented to the Board at the Opening Season event on September 8, 2007. 

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     Commissioner McLean advised the Industry Recognition Luncheon will be held on September 13 at 11:30 a.m. at the Lake Mary Marriott. 

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     Commissioner Van Der Weide advised that a presentation on the progress that has been made on the Heroes Memorial will be done at the September 25, 2007 meeting. 

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     Commissioner Carey advised that six students who have been involved in the City of Sanford’s Youth Build Program have earned their GED’s and are working in the construction industry.  This is the first graduation for the program. 

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     Commissioner Carey announced that the Annual Domestic Violence Awareness fundraiser will be held on October 4 at 11:30 a.m. at the Lake Mary Marriott. 

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     Commissioner Carey advised today is Patriot’s Day and she hopes everyone has a moment of silence in remembrance of September 11, 2001. 

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     Commissioner Dallari advised citizens have expressed their appreciation to the Board for responding to their request about “No Parking” signs along McCulloch Road; and are now requesting additional signs be placed along the vacant stretch of property at McCulloch and Lockwood during UCF home football games. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to direct that additional “No Parking” signs be placed along the vacant stretch of property at McCulloch and Lockwood during UCF home football games. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Commissioner Dallari questioned why sidewalks are being built along Gabriella Lane. 

     County Engineer, Jerry McCollum, addressed the Board to advise Gabriella Lane serves several schools in the area and the Land Development Code does not change with regard to sidewalks just because property is zoned Suburban Estates. 

     Upon inquiry by Commissioner Dallari, Mr. McCollum stated he would not recommend putting the project on hold because it is already under construction and the cost would be approximately $10,000 to demobilize on a project that costs $120,000. 

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed: 

 1.  Copy of letter dated 08/30/07 to Fred Kittinger, Associate Vice President of State & Local Government Affairs-University of Central Florida, (with original correspondence attached) from Chairman re: “No parking signs” on McCulloch Road on UCF game days.

 

 2.  Copy of letter dated 08/31/07 to Stan Stevens, President-Chuluota Community Association, (with original correspondence attached) from Cynthia Coto, Co. Manager, re: Jetta Point Park land purchase.

 

 3.  Memorandum dated 08/28/07 to Distribution List (with attachments) from Doris-anne Freeman, City Clerk Department-City of Altamonte Springs, re: Adoption of abandoning a portion of a utility easement.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director)

 

 4.  Letter dated 08/24/07 to Chairman from Ray Eubanks, Plan Review & Processing Administrator-Department of Community Affairs, re: Submission of second Comprehensive Plan amendment in year 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Co. Attorney)

 

 5.  Letter dated 08/24/07 to Chairman (with attachments) from Ray Eubanks, Plan Review & Processing Administrator-Department of Community Affairs, re: Receipt of Seminole County Plan Amendment 07-2.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Co. Attorney)

 

 6.  Copy of memorandum dated 08/24/07 to Sandy McCann Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. records.

 

 7.  Copy of memorandum dated 08/31/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. records.

 

 8.  Copy of letter dated 08/29/07 to David Kornreich, Esquire-Fisher & Phillips, from Robert McMillan, Co. Attorney, re: Continued representation for the County on labor and related matters.

 

 9.  Copy of letter dated 08/28/07 to Robin Butler, Principal Coordinator-Seminole Co. Traffic Engineering, from Eric Geboff, Executive Director-The Foundation, re: Appreciation for participation in the Back-to-School Fair.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Public Works Director)

 

10.  Letter dated 08/29/07 to BCC (with attachments) from Sandra Smith, Chief Planner-City of Casselberry, re: Voluntary annexation request.  (cc:  Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager, Co. Attorney)

 

11.  Notice of workshop and public hearing for the City of Lake Mary Big Lake Mary Small Area Study on September 19, 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

12.  Copies of identical letters dated 08/28/07 regarding support of the State’s participation in purchase of the Turkey Creek/Lee Ranch property from the BCC to the following:  Governor Charlie Crist; Charles Bronson, Department of Agriculture & Consumer Services; Bill McCollum, Attorney General; and Alex Sink, Chief Financial Officer.

 

13.  Copies of letters dated 08/28/07 from Tad Stone, Director of Public Safety, re: Appreciation for recent donations to the following:  Lake Mary Veterinary Clinic; Bonnie Kramer;  Sharon Franks; Eileen Glasco; Betty Seubert; Joseph & Nancy Hussar; Sabal Point Elementary Student Council; Allison Philips; Cristin Kennedy; and Barbara Gentry.

 

14.  Memorandum dated 09/07/07 to BCC (with attachment) from April Boswell, Assistant Co. Manager, re: School millage rates.

 

15.  Memorandum dated 09/06/07 to BCC (with attachments) from Cynthia Coto, Co. Manager, re: Adult drug court positions in the FY 07/08 budget.

 

16.  Memorandum dated 09/05/07 to BCC and Co. Manager (with attached photos) from Jerry McCollum, Co. Engineer, re: Right-of-way vacate on Garda Avenue.

 

17.  Letter dated 08/30/07 to Chairman (with attachment) from Joan Brown, Deputy City Clerk-City of Winter Springs, re: Hometown Democracy Resolution passed.  (cc:  BCC)

 

18.  Copy of memorandum dated 08/27/07 to Co. Property Appraiser (with attachment) from Cathy Collins, Budget Supervisor-Property Tax Administration-Fla. Department of Revenue, re: FY 07/08 approved budget printout for all elected officials.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Fiscal Services Director)

 

19.  Memorandum dated 09/04/07 to BCC from Sheriff Eslinger re: FY 07/08 revised budget information.

 

20.  Copy of letter dated 08/29/07 to Cynthia Coto, Co. Manager, (with attachment) from Blanche Sherman, Manager of Finance-Lynx, re: June 2007 quarterly reports.

 

21.  Copy of letter dated 09/06/07 to Stephanie Doyle from Gretchen R. Venn, Executive Assistant, re: Receipt of volunteer information form.

 

22.  Copies of letters of various dates from Joe Gasparini, Parks and Recreation Manager, re: Appreciation for recent donations to the following:  Jason Singleton and Patricia Nurkiewicz.

 

COMMITTEE REPORTS

     Chairman Henley advised that the Commuter Rail Committee held its first meeting and Mayor Buddy Dyer was elected Chairman of the committee. 

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     Commissioner Carey announced that MetroPlan will be meeting tomorrow at the Morse Center in Winter Park. 

COUNTY MANAGER’S REPORT

     Ms. Coto requested the Board appoint Tony Matthews to the Wekiva River System Advisory Management Committee, replacing Tony Walters. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to appoint Principal Planner, Tony Matthews, to the Wekiva River System Advisory Management Committee, replacing Tony Walters; and authorize the Chairman to execute Letter, as shown on page _______, advising the National Park Service of same.   

     Districts 1, 2, 3, 4 and 5 voted AYE. 

ITEMS FOR FUTURE AGENDA

     Doug Murdock, 1251 Royal Oak Drive, addressed the Board to express his appreciation to the Board for selecting PIC for the Cancer and Disability Insurance.  He clarified that they would honor the six-month waiver as it was in the proposal. 

     Speaker Comment Form was received and filed. 

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:15 p.m., this same date. 

 

 

ATTEST:_____________________Clerk_____________________Chairman

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