BOARD OF
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
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District
3)
Commissioner Michael McLean (District 2)
County Manager Cindy Coto
Deputy Clerk Eva Roach
The
Invocation was given by Pastor Chris Whaley, Seminole County Fire Department
Chaplain and Pastor of the First Baptist Church of Longwood.
Commissioner
McLean led the Pledge of Allegiance.
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,
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
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,
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,
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 -
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),
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
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
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
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
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
25. Approve and authorize the Chairman to execute the final plat for
Shoppes at Clayton’s Crossing located on the south side of
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
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
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.
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
9. Permitting
Mutual Aid Agreement, as shown on page _________, between
10. Notice from the Public Service Commission of
Order regarding Docket No. 060253-WS, Utilities, Inc. of
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
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
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
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
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
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
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
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
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,
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.
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
John
Stainback, SPPRE, addressed the Board to display a PowerPoint Presentation
(received and filed) of Phase I and II of the
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
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
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
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
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
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
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
District
Commissioner Carey advised staff that someone has cleared out everything in the
house on the corner of
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,
Vincent
Corino,
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
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
APPEAL AGAINST THE BOA,
NORA
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
Bernard
Hugvenot,
Jose
Santiago,
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
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.
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.
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
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
Discussion
ensued between the Board and Attorney McMillan regarding how to measure the
distance between the church and the sports bar.
Frank
Vassell,
Guy
Dickinson,
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
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.
- - -
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,
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
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.,
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
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
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
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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
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
2. Copy
of letter dated
3. Memorandum
dated
4. Letter
dated
5. Letter
dated
6. Copy
of memorandum dated
7. Copy
of memorandum dated
8. Copy
of letter dated
9. Copy
of letter dated
10. Letter dated
11. Notice of workshop and public hearing for the City of
12. Copies of identical letters dated
13. Copies of letters dated
14. Memorandum dated
15. Memorandum dated
16. Memorandum dated
17. Letter dated
18. Copy of memorandum dated
19. Memorandum dated
20. Copy of letter dated
21. Copy of letter dated
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
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,
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
er/slw