BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 23, 2003
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, September 23, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Father Ben Berinti, Church of the Nativity, Longwood.
Commissioner Randy Morris led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-147, as shown on page _________, proclaiming the month of October 2003, as “Cultural Diversity Awareness Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to David Gregory, member of the County’s Cultural Diversity Committee, who expressed his appreciation and announced activities that will be held during the month of October.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-145, as shown on page _______, proclaiming the month of October 2003 as “National Disability Awareness Month”, in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Buddy Balagia and Disability Council members: Sally Shepherd, Tony Tizzio, and Connie Kreinbring.
Connie Kreinbring addressed the Board to express her appreciation for the Resolution.
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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-146, as shown on page _______, proclaiming October 4-11, 2003 as “Mental Illness Awareness Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Tony Tizzio, who expressed his appreciation.
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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-148, as shown on page _______, proclaiming the month of October as “Greenways and Trails Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Tony Tizzio, who expressed his appreciation for same.
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Joel Hass, Past Chairman and CEO of the American Red Cross of Central Florida and member of the Executive Committee of MyRegion, addressed the Board to state MyRegion is a result of seven Central Florida counties coming together. He expressed his appreciation to Commissioner Morris who served on the Executive Committee and to County Manager, Kevin Grace, and DCM, Sally Sherman for their work on this project. He presented the Board with The New Regional Agenda sourcebook (received & filed) and gave a PowerPoint presentation (not received & filed). He advised MyRegion has been meeting for two years and has involved about 2,000 people in this endeavor. He said the purpose of this work was to create an understanding of this region and a common language between the seven counties. He stated they have created a regional action plan agenda. He further stated that for the first time, they have built a regional network of leaders who can move the agenda for the region forward. He thanked the Board for allowing them to present the owner’s manual (The New Regional Agenda).
Jacob Stuart addressed the Board to review The New Regional Agenda sourcebook, discussing pages 8 & 9, depicting the five main urban components and pages 22 & 23, the ten regional resolves.
Randy Lyon, Ginn Development Co. & Phase II Chairman of MyRegion, addressed the Board to express his appreciation for the Board’s support and to briefly discuss the process of going forward with Phase II. He advised that Linda Chapin and Edmund Timberlake will be involved with Phase II and they will be asking the Board to make an appointment to fill a leadership position.
The Chairman expressed the Board’s appreciation for the presentation and stated they look forward to continuing to address these issues.
Commissioner Morris stated the ten resolves listed in the sourcebook are daunting. He expressed his thanks to the members of MyRegion.
Mr. Stuart and Mr. Hass presented Commissioner Morris with a framed memento in appreciation of his work on the Executive Committee.
Commissioner Morris left the meeting at this time.
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Luis Diaz, Post Buckley Schuh & Jernigan, addressed the Board to give an update of the U.S. 17-92 Interchange at SR 436 PD&E Study. Copy of study booklet was received and filed. He reviewed the following: project need; alternatives considered; traffic projections; and the study process. He distributed a revised copy of the Impact Evaluation Matrix (copy received & filed) and discussed same.
Commissioner Morris re-entered the meeting at this time.
Mr. Diaz advised a public hearing will be held on October 30 to review the process and the recommended alternatives, which are the center alignment and the right alignment. He requested the Board make a recommendation of an alignment at their next BCC meeting.
Upon inquiry by Commissioner Maloy, County Engineer, Jerry McCollum, addressed the Board to advise the State is responsible for the entire cost of the intersection improvement.
Mr. McCollum advised he reviewed this information last week. He said the City of Casselberry has expressed their concern with the right alignment alternative and he understands their concern because this would impact the new shopping center at the northeast quadrant. He said, in his opinion, after a very preliminary review, he would say that the center alignment seems to be the least disruptive.
Commissioner Morris briefly discussed with Mr. McCollum the location of the retention ponds and the possibility of having some green spaces.
Commissioner Van Der Weide requested a private briefing on this item prior to the next Board meeting.
The Chairman advised this item will be brought back to the Board at their next meeting.
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The Chairman recessed the meeting at 10:42 a.m., reconvening at 10:54 a.m., this same date.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Grace advised that Item #13, request for award of CC-1217-03/AJP, Renovations to Fire Station #35, and Item #22, request for purchase and construction agreement with Bentley Park Associates Ltd., for CR-46A has been pulled from the agenda.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve and authorize the following:
10. BCR #03-82 - $500,000 – Planning & Development – Community Resources – Fund: 11901 – CDBG Grant fund. An Accounting adjustment is necessary to move funding for Kid’s House of Seminole, Inc. to correct account line.
11. BCR #03-83 – $30,100 – Administrative Services – Facilities Maintenance – Fund: 00100 – General fund. Additional funds are necessary for completion of County Service Building Parking and Drainage Project. There are changes to the Western Court Yard Elevation and Drainage, West Parking Lot Island changes, East Court Yard and East Parking Lot Entrance.
MSBU
12. Approve and authorize County Manager to execute Street Lighting Agreement, as shown on page _______, between Seminole County and Progress Energy for installation of street lighting equipment in the Bear Gully Forest Street Lighting Municipal Service Benefit Unit.
13. Withdrawal of request
to award CC-1217-03/AJP – Renovations to Fire Station #35, to Stieren
Construction, Inc. of Longwood ($187,600.00).
14. Accept and authorize the
Chairman to execute the Certificate of Completion, as shown on page _______,
for CC-1169-02/BJC – Museum of Seminole County History, Agriculture Exhibit
Building, with Pooley Enterprises, Orlando.
15. Approve Amendment #1, as shown
on page ________, to CC-1188-02/BJC – Miscellaneous Roof Repairs and Inspection
Reports for various projects within Seminole County, with Sunshine Roofing
& Consulting, Orlando and The Roofing Connection, Casselberry.
16. Award RFP-4203-03/AJP Contract, as shown on page _______, Appraisal Services for Consumers/Lake Hayes Water Transmission Main Project, to HDR Acquisition Services, Inc. of Tampa. (Contract limitation of funds $150,000.00 for a three-year term)
17. Approve Amendment #1, as shown on page _______, to IFB-3049-02/GMG – Term Contract for Roadway Markings, with Fausnight, Stripe & Line, Inc., Longwood.
18. Approve and authorize Chairman to execute five (5) CDBG Subrecipient Agreements; (1) City of Sanford –CDBG, as shown on page _______, in the amount of $409,726 for Phase II of the 19th Street/Roosevelt Avenue Goldsboro target area sanitary sewer installation project; (2) City of Sanford – CDBG, as shown on page _______, in the amount of $53,425 for the purchase and installation of a modular building in the Goldsoro target area for the Goldsboro Front Porch Council to deliver community services by providing a reading academy, library and resource center; (3) City of Longwood - CDBG, as shown on page _______, in the amount of $488,499 for Phase II of the City’s lower income neighborhoods dirt road paving program; (4) City of Casselberry - CDBG, as shown on page ______, in the amount of $173,885 for infrastructure improvements to the Lake Kathryn Estates target area; (5) Seminole County Public Schools - CDBG, as shown on page _______, in the amount of $506,980 for construction of a community center in the Midway Community to provide educational, cultural, social and recreational services; and ESGP Subrecipient Agreement, as shown on page ______, with Seminole County Victim’s Rights Coalition, Inc. (SafeHouse of Seminole), in the amount of $32,200 to defray shelter operating costs.
19. Adopt appropriate Resolution #2003-R-158, as shown on page _______, authorizing the exchange of property with R&R Investments, LLC (Bill Ray Nissan).
20. Authorize release of Performance Bond – No. 98SB103641538 (Travelers Casualty and Surety Company of America); in the amount of $129,014.12, dated 07/05/01 for paving, landscaping and irrigation for Heather Glen as requested by The Ryland Group, Inc., expiration date 07/05/2003.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Discussion ensued with regard to Item #27, proposed Alcoholic Beverage Sales Ordinance.
Commissioner Maloy advised he has a copy of the Orange County regulations where they shut off consumption at 2:00 a.m.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve and authorize the following:
Litigation
25. Approve proposed settlement
relating to Parcel Numbers 152, 752 and 852 of the Dodd Road improvement
project, Amberwood Unit III Community
Association, Inc., located on the west side of Dodd Road just north of
Dike Road, in the amount of $60,000.00, inclusive of land value, severance
damage, statutory interest, benefit obtained attorney fees and reimbursable
costs.
26. Approve proposed settlement relating to Parcel Numbers 156, 756 and 856 of the Dodd Road improvement project, Sumner/Nimmo, located at 1146 Dodd Road, in the amount of $57,196.25, inclusive of land value, severance damage, statutory interest, attorney fees and reimbursable costs.
27. Approve advertising the proposed Alcoholic Beverage Sales Ordinance for public hearing as requested by the Sheriff’s Office.
28. Adoption of appropriate Resolution #2003-R-150, as shown on page _______, and authorize Chairman to execute a County Deed, as shown on page _______, vacating a Conservation Easement over the homestead property of John and Mala Barrett located on Lake Mills Road.
Districts 1, 2, 3, 4 and 5 voted AYE.
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County Attorney, Robert McMillan, clarified for the Board that at the end of the last public hearing (September 9, 2003) there was discussion of requiring a minimum house size. He advised that on straight zoning (R-1A, R-1AA, R-1AAA, R-1AAAA) the Board has the ability to set a minimum house size at the time of rezoning and that is a commitment that is enforceable.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
29. Expenditure Approval Lists, as shown on page _______, dated September 2 & 9, 2003; and Payroll Approval List, as shown on page _______, dated August 28, 2003.
30. Chairman to execute the following Satisfactions of Judgment/Application of Indigency Fee:
Michael Leon Johnson, #99-1409-CFA - $40
Michael Leon Johnson, #00-667-CFA - $40
Eric L. Palmer, #97-1123-CFA - $40
Frank Luciano, #01-9659-MMA - $40
31. Chairman to execute Satisfaction of Judgment/Bail Bond Lien for Terrell Levine Dennison and Evergreen National Indemnity, #01-7822-MMA - $451.
32. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Nicholas
Alexander Bartling, #92003543CFA - $200
Keandra L. Brown,
#01002361CFA - $200
Nino Joseph Capri,
#03001827MMA - $100
Carmen A. Cotto,
#02005353MMA - $200
Bernice L. Dingee,
#98004928MM - $200
Daniel W. Engel,
#98005054CFA - $350
Robert James
Erench, #03004094MMA - $260
Yuri Marcela
Espinosa, #02002239MMA - $260
Judith Kay Gosen,
#01004386MMA - $100
Jennifer Lee
Hardcastle, #03001648MMA - $260
Scott Matthew
Kirby, #02005765MMA - $75
Gerardo Santizo Avelar,
#02001100MMA - $40
Chad T.
Schlingman, #99002540CFB - $750
Kay Boulicault
Stevens, #02001276CFB - $284
Robert Warren,
#02010938MM - $100
Brian Michael
Thomson, #02011863MM - $100
33. Official Minutes dated August 26, 2003.
34. Note, for information only, the following Clerk’s “received and filed”:
1. Letter to Clerk Maryanne Morse from Gary L. Moyer, Dovera Community Development District, transmitting a notice of their public meeting schedule and a copy of the District map.
2. Memorandum to Sandy McCann from Gloria Vyka, Planning, regarding outstanding documents.
3. Work Order #1, as shown on page _______, to PS-599-01.
4. Amendment #1, as shown on page _______, to Work Order #72 to FC-1139-00.
5. Work Order #73, as shown on page _______, to FC-1139-00.
6. Work Order #1, as shown on page _______, to PS-5136-03.
7. Amendment #2, as shown on page _______, to Work Order #5 to PS-5116-02.
8. Amendment #2, as shown on page ______, to Work Order #3 to PS-5116-02.
9. Work Order #58, as shown on page _______, to PS-590-01.
10. Amendment #1, as shown on page _______, to Work Order #8 to PS-566-00.
11. Work Order #8, as shown on page ______, to PS-5120-02.
12. Work Order #42, as shown on page _______, to PS-556-00.
13. Amendment #4, as shown on page ________, to Work Order #1 to PS-562-00.
14. Work Order #72, as shown on page _______, to FC-1139-00.
15. Amendment #1, as shown on page _______, to Work Order #50 to FC-1139-00.
16. Change Order #2, as shown on page ______, to CC-1195-02.
17. Change Order #1, as shown on page _______, to CC-1196-02.
18. Development Orders, as shown on page _______, per decision of the Board of Adjustment for the following: Michael D. Johnson, #02-30000120; David Norouzi, #03-30000089; Jack A. & Loretta Cook, #03-32000029; Latara M. Clements, #03-30000107; Robert L. & Barbara J. Watters, #03-30000110; Timothy Templin, #03-32000113; William Robertson, #03-3000106; Andrew W. & Susan R. Greenberg, #03-30000112; Francisco Ramirez, #03-30000104; Alan R. & Michael S. Vinacke, #03-30000114; Larry Houck, #03-30000103; Karon Haymes, #03-30000102; Rodney Judy, #03-30000100; and Patricia Basile, #03-30000105.
19. Consulting Services Agreement M-393-03, as shown on page _______, with Keen Systems, Inc.
20. Engineering Services Agreement M-394-03, as shown on page _______, with Applied Research Associates, Inc.
21. Consultant Services Agreement M-395-03, as shown on page _______, with Hartman & Associates, Inc.
22. Work Orders #6 and #7, as shown on page _______, to PS-573-00.
23. Memorandum from Denes Balo, Clerk’s Finance, to Sandy McCann transmitting the Clerk’s 2003/2004 Fiscal Year Budget, as shown on page _______.
24. Memorandum to Denes Balo from Sandy McCann acknowledging receipt of the Clerk’s Budget for Fiscal Year 2003/2004.
25. Memorandum to Dixie Haller, Planning & Development, from Sandy McCann, Commission Records, regarding outstanding documents.
26. Ordinance #2003-01 from the City of Winter Springs regarding alcoholic beverages.
27. Development Order #3-2000002, as shown on page _______, for Hester Avenue Rezone, per Rezoning Ordinance adopted July 22, 2003.
28. Satisfaction of Connection Fees, as shown on page ________, for the following projects: Eagle’s Landing Lot 8; Donuts/Baskin Robbins; and K & M Imports.
29. Conditional Utility Agreements, as shown on page ________, for water and sewer service with Britt Investment Properties.
30. Fifth Amendment, as shown on page _______, to DB-605-00, Juvenile Justice Center.
31. Second Amendment, as shown on page _______, to Work Order #1 to PS-528-98.
32. Letter to Clerk Maryanne Morse from William O. Monroe transmitting the Operational Audit of the Seminole Community College District Board of Trustees.
33. Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $23,183.02 for Celery Lakes, Phase 1.
34. Private Road Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $45,200 for Markham Estates.
35. Memorandums to the BCC from County Manager Kevin Grace regarding Capital Project Fund Transfers in the amount of $39,188 for the Goldsboro Reading Academy and the amount of $48,269 for Lake Ann Outfall.
36. Bids as follows: PS-5149-03; #293-03; PS-5148-03; and RFP-4201-03.
35. Authorize expenditure from the Law Enforcement Trust Funds for contributions to the following: (1) $5,000 contribution to the Mustard Seed Program; (2) $2,000 contribution to provide funding for the 2003 Red Ribbon Campaign; and (3) $5,000 contribution to Seminole Vision, Inc. to assist in the facilitation of cooperative leadership programs.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
DCM, Sally Sherman, addressed the Board to present request to schedule a public hearing to consider proposed ordinance implementing the Dori Slosberg Driver Education Safety Act.
Commissioner Henley indicated that on page 3 of the proposed ordinance, it fails to say that 10% of the funds must go to the private schools. Whereupon, Ms. Sherman advised she will include that language.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize scheduling a public hearing to consider adoption of an Ordinance implementing the Dori Slosberg Driver Education Safety Act, to help fund Traffic Education Programs in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize renewal of the Self-Insurance Program through Arthur J. Gallagher & Company, effective 10/01/03; and authorize Chairman to execute Agreements, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planner, Jeff Hopper, addressed the Board to present the Final Master Plan and Developer’s Commitment Agreement for Hawthorn Glen PUD, located on the northwest corner of Old Lockwood Road and McCulloch Road, Tom Daly. He advised the zoning approval permitted a maximum of 225 townhouse units on individual platted lots at a density of approximately 9 units per net buildable acre. The development also includes a 1.5-acre commercial tract to be developed at a future date. He further advised staff finds the plan and agreement are consistent with the Preliminary Master Plan, the D.O., and Vision 2020.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for Hawthorn Glen PUD, located on the northwest corner of Old Lockwood Road and McCulloch Road, Tom Daly.
Under discussion and upon inquiry by Commissioner Henley, Tom Daly, developer, addressed the Board to describe the recreation areas for the development.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace presented request for creation of the Community Information Department, advising he modeled this proposal after a number of urban counties. He said a local example would be Volusia County.
Commissioner Van Der Weide stated he has been opposed to what the County has had in the past. However, if they can duplicate what Volusia County has and their result, he would support it. He said he believes there are a lot of good things done in the County that do not get out for public knowledge.
Commissioner Morris agreed with Commissioner Van Der Weide, stating he believes this is long over-due.
Commissioner Maloy stated this is a new director’s position at $100,000 in salary and benefits and he does not think it is the right time to do this.
Commissioner Henley stated he believes it would be helpful in the future, to have job descriptions on new positions that are being created.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the creation of the Community Information Department; to approve amending the FY 2003/2004 General Fund Budget to reflect the funding allocation; and to adopt appropriate Resolution #2003-R-151, as shown on page _______, amending the Seminole County Administrative Code to identify the department and its principle functions.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
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Ms. Sherman presented the request for Board authorization to continue the Jobs Growth Incentive Program.
Commissioner Maloy stated he traditionally opposes this program because he believes there are bigger needs in the County.
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-152, as shown on page _______, authorizing continuation of the Jobs Growth Incentive Program.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
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David Gregory, Solid Waste, presented the proposed resolution adopting solid waste disposal fees and related rules and regulations. He distributed a matrix (copy received & filed) of the old fee rate versus the new fee rate. Discussion ensued.
Commissioner Morris suggested having a 30-day notice to users.
Commissioner Van Der Weide stated he is not in favor of increasing any rates to the citizens. He voiced his concerns with regard to the MSBU customer limitation of six flat rate loads per year.
Commissioner Morris suggested delaying this item for two weeks.
Commissioner Maloy suggested approving the resolution with the exception of Item #5, MSBU limitation.
Mr. Grace advised that Item #6, Non-Exclusive Franchise Application Fees, should also be excluded from the resolution at this time, pending approval of Item #42, the franchise agreement.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-153, as shown on page _______, as amended, adopting solid waste disposal fees and related rules and regulations, with the exception of MSBU Limitation and the Non-Exclusive Franchise Application Fees.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace advised Item #42, Non-Exclusive Franchise for the Collection of Commercial Solid Waste & Standard Form Franchise Agreement, has been pulled from the agenda at this time. He added this will be rescheduled for consideration at the next BCC meeting.
COUNTY ATTORNEY’S BRIEFING
Mr. McMillan advised that a proposed ordinance relating to video arcades will be brought to the Board at this afternoon’s meeting.
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The Chairman recessed the meeting at 11:45 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (with Commissioner Van Der Weide being absent) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Motion
by Commissioner Henley, seconded by Commissioner Maloy to authorize filing of
the proofs of publication for this meeting's scheduled public hearings.
Districts
1, 2, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider Public Nuisances for properties located at 2575 426 S.R.W. (Gregory E.
Williams), and 1061 Blake Street (James Wilkes) demolishing the structures and
clearing the debris, if such nuisances are not removed by the respective
property owners by October 12, 2003, in accordance with Chapter 168 of the
Seminole County Code, received and filed.
Larry
Goldman, Building Official, addressed the Board to present the proposed
request. He stated he would like to
amend this item to only include 1061 Blake Street (James Wilkes). He said the property owner for public
nuisance 2575 426 S.R.W. (Gregory Williams) voluntarily complied, therefore,
that problem has been taken care of.
Therefore, staff is requesting that the other public nuisance for 1061
Blake Street (James Wilkes) be acted upon.
Upon
inquiry by Commissioner Maloy, Mr. Goldman advised the building at Blake Street
has been vacant for over 20 years and the overgrowth is very heavy.
No
one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt
appropriate Resolution #2003-R-154, as shown on page ________, authorizing
staff to abate the subject public nuisance (1061 Blake Street) by entering the
property, demolishing the structure, and clearing the debris, if such nuisance
is not removed by the respective property owner by October 12, 2003, as
described in the proof of publication, James Wilkes.
Districts
1, 2, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider request to Vacate and Abandon the Plat for Wekiva Springs Park; located on the north side of Wekiva Springs Road, east of the Orange County line, Gloria Nelson, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, received and filed.
Michael Rumer, Planning, addressed the Board to state the rights-of-way, alleys and lots have never been developed and are now part of the Wekiwa Springs State Park. He stated the rights-of-way have caused confusion for emergency response vehicles. The lots within the plat are owned by the State of Florida and abandonment of the plat will not deny access for any parcels outside this plat. All applicable utility companies have indicated that they have no objections to the request.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-155, as shown on page _________, vacating and abandoning the Plat for Wekiva Springs Park; located on the north side of Wekiva Springs Road, east of the Orange County line, as described in the proof of publication, Gloria Nelson, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.
Under discussion and upon inquiry by Commissioner Maloy, Mr. Grace advised that District Commissioner Van Der Weide indicated that he was in favor of the request.
Districts 1, 2, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider request to Vacate and Abandon the east 5 ft. of a 15 ft. drainage and utility easement consisting of 400 sq. ft. more or less; located on the western property boundary of Lot 43, 5705 Aloma Woods Blvd. in Estates at Aloma Woods, Phase 1, Todd Ackerman, received and filed.
Mr. Rumer stated the applicant is proposing to construct a screen-enclosed pool that will encroach the easement by 5 ft. The area of the easement does not contain any utilities and the applicant has provided letters from the appropriate utility companies stating they have no objections to the request.
Todd Ackerman, applicant, was in attendance, but did not wish to speak.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-156, as shown on page ________, vacating and abandoning the east 5 ft. of a 15 ft. drainage and utility easement consisting of 400 sq. ft. more or less; located on the western property boundary of Lot 43, 5705 Aloma Woods Blvd. in Estates at Aloma Woods, Phase 1, as described in the proof of publication, Todd Ackerman.
Districts 1, 2, 4 and 5 voted AYE.
The following Communications and/or Reports were “received and filed”:
1. Notice of SJRWMD 9/24/03 public hearing re: Florida Forever Trust Fund. (cc: County Managers, Public Works Director, Environmental Services Director, Planning & Development Director, Community Resources Manager)
2. Notice of City of Lake Mary 9/24/03 public hearing re: Weldon Blvd. town homes. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
3. Notice of City of Sanford 9/22/03 public hearing re: annexation of property between Poinsetta Dr./Rose Dr. and Sanford Ave./Palm Way. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
4. Parks & Recreation Contract for Services, as shown on page ________, for Barton Gumpert (Tennis Tournaments Roving Umpire).
5. Parks & Recreation Contract for Services, as shown on page ________, for Ronald K. Moyer (Slow-pitch Softball Umpire).
At the request of Chairman McLain, Kevin Grace, County Manager, reviewed the Health Care Task Force memorandum that was submitted. He stated he submitted a memo (not received and filed) and he stated what staff is suggesting is an ad hoc short-term 60-90 day analysis relating to long-term funding solutions for the trauma center, availability of medical specialists related to the malpractice crisis and availability cost of health care. He stated he is suggesting that an 11 member task force be made up with three local hospital executives, three hospital medical doctors and each Board member appoint a lay person.
Commissioner Maloy stated he feels that the funding shouldn’t be the first one addressed, but also the model and management.
Mr. Grace stated those operational issues should be on the table for discussion as well as some of the financial problems to some of the operational decisions the hospitals made.
Commissioner Morris stated he would hope that the emergency room issues and the Halifax issues will be looked at as well. He stated Halifax sent the Board a letter relative to Seminole County residents’ using their facility. He asked if the layperson will have experience in the field.
Mr. Grace stated the thought process was to have six representatives from the hospital and they would have a lot of technical, medical knowledge. The idea of the layperson would be a businessperson or someone not affiliated with the hospitals.
Chairman McLain stated he feels that each Board member should be able to make that choice.
Commissioner Henley stated he feels it would be important to look at the utilization of both of these issues. He stated some statistics were submitted by ORMC and he feels it would be important to look at Halifax as well.
Commissioner Morris stated public input will be taken at these meetings and it would be nice to hold them around the County. The city halls or libraries could be used for these meetings.
The Board voiced no objections to the make up of the committee and the Chairman asked the Board to be prepared at their next meeting to make their recommendations.
Joanne Cannalis (phonetic) addressed the Board to discuss the Lynx bus route for physically impaired citizens.
Chairman McLain stated the County is looking to expand that route with the Airport and some health care facilities on SR 46.
Chairman McLain stated he recommended that the Board submit their appointments at the next Board meeting. He suggested that Mr. Grace address some of the issues relating to the meeting locations and the Halifax Hospital.
Upon inquiry by Mr. Grace, Chairman McLain stated he feels the letter to the hospital administrators should be sent out before the next Board meeting.
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Chairman McLain stated Craig Van Hooven has
resigned from the Orlando Urban Area Transportation (MPO) Citizens Advisory
Committee and he is recommending that Robert (Jake) Bebber be appointed to
complete the unexpired term.
Motion by Commissioner Maloy, seconded by Commissioner Morris to appoint Robert (Jake) Bebber to the MPO Citizens Advisory Committee to fill the unexpired term.
Districts 1, 2, 4 and 5 voted AYE.
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Chairman McLain stated there has been some concern on the Orange County Mobility 20/20 relating to the Trails Program and the possibility of those trails being converted to rails again. He stated he received a letter from Debra Shaffer and she is requesting a letter be sent to Orange County noting their concerns on this.
Commissioner Maloy submitted a handout (received and filed) of the Mobility 20/20 Movement of Freight and said it relates to specific sections. He stated this issue was brought up by residents on the east side voicing their concerns of the trails use and the movement of realigning freight trains from Sanford to the trail. He stated the Board has never officially sent a letter to Orange County indicating their opposition to this, and he would support a letter going to them. He said he has concerns relative to 75 to 100 car trains moving at 25 mph and delaying traffic on roads for over seven minutes. He stated he doesn’t see moving one transportation problem to another county is going to help out things. He cannot see putting those rail lines going down the existing corridors in jeopardy. He said he has concerns with one plan talking about crossing a bridge on Lake Jesup and the lack of coordination of not having any input on this process. He said he feels the Board should send a letter noting their strong objections to the eastern and western freight lines.
Commissioner Henley stated he thinks the Lynx connection to the rail has been transferred to FDOT’s responsibility. He recommended notifying FDOT of these concerns as well.
Commissioner Maloy stated the three groups that need to know is Orange County, FDOT and the governing board made up of Orange County Commissioners and City representatives.
Robert McMillan, County Attorney, commented on the status of the trails currently owned by the County and being converted back to the rail.
Upon inquiry by Commissioner Maloy, Mr. McMillan advised CSX has eminent domain authority, but when an eminent domain authority is condemning the property of another condemning authority, a whole different public use is involved. It can be done as long as it doesn’t influence the other public use.
Commissioner Morris stated he feels a portion of the national scenic trail should be expanded in this section. Chairman McLain stated the one thing the Board needs to be aware of is he doesn’t think they should put anything in the letter that could be used as a tool either for or against Orange County’s referendum. It should be an informational letter as far as letting them know that these trails are no longer available for that particular element.
Mr. Grace stated he spoke to Orange County’s Administrator and he assured him that those were not going to be pursued. The letter should be a follow-up on those conversations confirming that isn’t going to go forward.
Commissioner Maloy stated he feels the Board should be clear that they are opposed to those two sections.
Commissioner Morris stated staff was asked to come back in 60 days to update the Board on the Geneva Small Area as well as the Geneva Bubble update. He asked the Board to relieve staff on that request and allow them to work at their own pace so they can get a clear analysis and possibly a grant on the Geneva Bubble. The Board voiced no objections.
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Commissioner Morris stated the County has
been approached again relating to updating the Black Hammock Area Study dealing
with annexations and rezones. The City
of Winter Springs is not going forward with their rezoning with the property
that was in contention. A GreeneWay/SR
434 Small Area Study was done and a significant portion of that study needs to
be updated, especially the portions to the east of the GreeneWay, which
includes the Black Hammock area as well as the Oviedo and Winter Springs
area.
Upon inquiry by Mr. Grace, Commissioner Morris advised he doesn’t feel that staff needs to bring this back in 60 days.
Upon inquiry by Commissioner Henley, Commissioner Morris advised he doesn’t see a need to hire another consultant for this.
Don Fisher, Planning & Development Director, addressed the Board to state he doesn’t believe the Board will need to hire a consultant for this study. He stated staff can do a quick evaluation and they can submit their recommendations to the Board.
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Commissioner Henley commended staff for the
effort they have put forth on the study of Lake Seminole.
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Commissioner Henley stated he received a
letter (not received and filed) from the Chairman of the Metro Orlando
International Affairs Commission. He
stated he would like to know what is going to be the Board’s position regarding
this.
Mr. Grace stated he is not sure if he has
seen that letter.
Commissioner Henley stated he will submit a
copy to Mr. Grace for him to review.
Commissioner Morris stated in the past, the Mayor of Orlando appointed members of that group. He stated since 1998 or 1999, he has been trying to convince the committee to appoint a private sector person as chairman of that committee so it won’t be so governmentally oriented. A new proposal is finally being implemented. The budget on this organization will be a lot clearer as a lot of funding was going into this with a lot of travel being used by a lot of different agencies. He stated the last Board folded about five or six months ago. He said Commissioner Maloy is the EDC appointment and if he would like for him to do this, he would be glad to do so.
Motion by Commissioner Maloy, seconded by Commissioner Henley to appoint Commissioner Morris to the Metro Orlando International Affairs Commission and Commissioner Maloy as the alternate.
Districts 1, 2, 4 and 5 voted AYE.
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Commissioner Henley stated the Audit Committee for Lynx met last Thursday relating to the operation of the purchasing procedures allowing department heads to have authorization without approval of the Lynx Board. The Lynx budget will be up for adoption tomorrow. A report deals with some dramatic changes to the para-transit as far as the amount of ridership and the complaints that have come up. That may have been attributed to them going back and requiring everyone to sign up again. Lynx still has financial problems and that needs to be resolved. One other issue that needs to be addressed is the new building that they will be moving into. Four years is still remaining on the lease and he asked Lynx how they are going to deal with that and the only answer they could provide was they received permission to sublease it. That is a problem that has to be dealt with.
Commissioner Morris discussed the manual system, the outdated software and the new software system of the Lynx organization.
Commissioner Henley stated one of the things that is difficult to deal with is the culture that has existed at Lynx. The Board has a difficult time getting information out partly because they say it cannot be produced. The Board is going to deal with the issues honestly and fairly, otherwise, there will be serious consequences. Discussion ensued.
Chairman McLain stated he is sure the Board will see dramatic improvements on that.
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Commissioner Maloy stated the trails issue
has been discussed earlier and the one thing that Lynx did good was the free
bus shelters.
Commissioner Maloy questioned the break down of the CRA’s (Item #46)
proposed budget that is being presented this evening.
Mr. Grace stated he would think this item would have more than bottom line numbers and he will get with Kevin Fall, CRA Coordinator, on that issue.
Mr. Grace stated at the last Budget public hearing, Commissioner Henley brought up the issue of shifting funding for Substance Abuse Services from the Community Service Agency funds to the Drug Abuse Trust Fund. He stated staff is suggesting that the Drug Abuse Programs be removed from the Community Services Agency program and they will come back at the next Board meeting (October 14, 2003) on how they should move forward with the Drug Abuse Program. A memorandum from David Medley, Community Services, to the Board was received and filed.
Commissioner Henley stated he supports that recommendation.
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Mr. Grace stated he feels the Board should formally establish the Health Care Task Force.
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve establishing the Health Care Task Force.
Districts 1, 2, 4 and 5 voted AYE.
COUNTY ATTORNEY’S BRIEFING (Continued)
Mr. McMillan presented a revised Emergency Ordinance (received and filed) imposing a 90-day moratorium prohibiting location of gambling establishments that simulate casino-type atmospheres. He stated the Sheriff’s Office supports the moratorium.
Don Fisher stated over the past couple of months, there have been gaming institutions opening up and they were distinguishing themselves between that and gambling as games of skill rather than games of chance. He stated Leesburg, Volusia County, Eustis and Mount Dora have some of these establishments. He said he visited one of the establishments in Deltona and he determined that it was not a game of skill, it was a game of chance. This will give staff time to study these businesses to determine where they stand with these types of operations.
Upon inquiry by Commissioner Maloy, Mr. Fisher advised the games look like electronic slot machines where an individual wins discount coupons as opposed to cash.
Commissioner Henley asked if the County has any requests in the pipeline. He stated he doesn’t want to get in the same situation with the moratorium on the billboards.
Mr. Fisher stated staff has not received any requests to date.
Mr. McMillan stated the emergency ordinance is imposing a 90-day moratorium and if approved, he would like authorization to advertise it to be readopted as a regular ordinance to address any challenges.
Upon inquiry by Commissioner Morris, Mr. McMillan advised he feels that staff can come back to renew the emergency ordinance. That can be done in a regular enactment and he will bring it back at the next meeting.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt Ordinance #2003-46, as shown on page _________, imposing a 90 day moratorium prohibiting the location of gambling establishments that simulate casino type atmospheres, as presented, and to bring this back on October 14, 2003 for regular adoption.
Districts 1, 2, 4 and 5 voted AYE.
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The Chairman recessed the meeting at 2:27 p.m., reconvening at 7:16 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Proof of publication, as shown on page _______, calling for a public hearing for consideration of adoption of the final millage rates and adoption of amended final budget for all funds for the County FY 2003/04 Budget, received and filed.
Chairman McLain reminded the public that the Board of County Commissioners does not have any control over the tax levies and budgets of the School Board, the Water Management District, or any of the seven cities in Seminole County. Questions regarding property assessments should not be brought to the Board because the Property Appraiser handles these. The Board has very limited, minimal authority over the Clerk of Court, Property Appraiser, Tax Collector, Supervisor of Elections and Sheriff budgets.
A copy of the revised Seminole County Budget FY 2003-04/2004-05 Second Public Hearing Booklet, Budget Item/Text Detail, and Supplemental Information on Rolled-Back Rates were received and filed.
Lisa Spriggs, Fiscal Services Director, addressed the Board to read into the Record the millage rates tentatively adopted at the first public hearing, and the rolled-back millage rates and percentage increase or decrease as follows: The Countywide Operating General Fund tentatively adopted rate is 4.7179 and Transportation is 0.2810 with the total Operating tentatively adopted millage of 4.9989. The rolled-back rate is 4.8144, 3.8% increase over the rolled-back rate. The tentative millage for Debt Service for Environmental Sensitive Lands is 0.0869, and for Trails Development, 0.1041, for a total Debt Service of 0.1910. No rolled-back rate applies here. This reflects a total Countywide certified tentative millage of 5.1899. The Unincorporated Special Districts Fire/Rescue is 2.6334, a 29.6% increase over the rolled-back rate of 2.0323. The Unincorporated Roads is 0.1228, a 5% increase over the rolled-back rate of 0.1170. The total Unincorporated millage levy is 2.7562. The Total Countywide, including Debt, is 7.9461, and the Net Total, excluding Debt, is 7.7551. Based upon these tentative millage rates, the tentative aggregate millage rate, exclusive of voted debt service millage, is 6.6904, which represents a 9.13% increase over the aggregate rolled-back rate of 6.1309.
Mr. Grace reiterated that this has been a difficult budget balancing process due to a combination of factors including the slow economy and the effect it has had on the revenues, the millions of dollars of additional costs the County has had to absorb due to the substantial increases in health insurance and workman’s compensation, and the operating costs for the new Criminal Justice Facility. However, they have balanced the budget, maintained the service levels, and kept the millage rate steady. He briefed the Board on developing a target budget cap with Law Enforcement and Corrections for future years. He said he has had a number of discussions with the Sheriff and his staff, and he is comfortable that they are very close to reaching an agreement on moving forward in a way he thinks everyone will be pleased with. He will report to the Board on this within the next few weeks. Also, he advised he is attempting to find the additional $500,000 for stormwater capital projects as directed by the Board. He is working with the School Board to have them release the pari-mutuel monies back to the County and, in turn, the County would assume the responsibility for the school sidewalk safety projects within the One Cent Sales Tax Pprogram. He reported that he and Commissioner Henley have met with the School Board officials and it appears they are willing to do this.
Mr. Grace advised the total tentative budget for FY 2003/04 is $543,567,434; and the proposed tentative budget for FY 2004/05 is $477,011,628.
Ms. Spriggs referred to pages 16 and 17 of the Budget Booklet and reviewed the second public hearing adjustments totaling $2,209,353 that have been made to the tentative budget. She advised the new total proposed budget is $545,776,787 for FY 2003/04.
Bonnie Carollin, 461 S. Wildflower Court, addressed the Board to state she is in support of the Animal Services Division budget. She advised that their Committee has been formed and they will have the first meeting next week. She thanked the Board for their support.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
Commissioner Henley said he is approaching this budget with mixed emotions. Of most concern to him is the growth in government that is significant this year. He recognizes there is justification for some of the growth. But he is concerned when personnel jumps 61 positions one year and 11 the next, and there are 83 positions that are not in the budget, but are in Pay Band 1. He has discussed this with Mr. Grace, and he wants the Board to be aware of their conversation regarding several items in the budget. He said if you can get along without the positions when there is no money, they can also get along without some of them, even though money is available. He said they are increasing the value of a mill by $1.25 million, which produced almost 14 million new dollars and of that, $8 million went into personnel and personnel services in addition to the 4% raise, 3% plus the merit, which is another concern he has. When you go through the line item budget and look at the appropriation of merit raises, it is always almost 100% that the highest paid people get the highest merit raises. After all the money is appropriated, there is a merit pool with some as high as $35,000. He said that is a lot of money just sitting, and he assumes it is so that upgrades can be made. He doesn’t think every department needs to have these additional funds just sitting, when some of that could be going to provide for projects in the community. He believes any upgrades should go through the County Manager for sign-off and the Board should be notified. He said Mr. Grace indicated they would take a serious look this year at the pay band, particularly the merit and how it is being handled, and the amount of monies being carried forward from one year to the next into an area. He stated he is also concerned about the 83 positions in a particular pay band when these are not necessarily positions approved by the Board. The departments are allowed to bypass the Board and rather than ask for additional positions, they can list them as temporary. Seventeen of these positions are in place the entire year. He thinks this needs to be looked at and the positions need to be listed when calculating how many positions are in place. He also discussed that the County has set up at least three positions for Seminole Leadership and most private companies have one position. He doesn’t think the government should go beyond what private businesses are doing. He talked of instances where money is appropriated that perhaps could be looked at differently and meet some of the needs of the communities. He thinks somewhere along the line they need to do an assessment of who can provide services so the dollars can be stretched to deal with more projects in the communities. He discussed the issue of staff holding off buying a fire engine this year in order to purchase a $2 million building, and said it is this type of thing that concerns him. He said there was an influx of these requests coming into the budget towards the end of the year, with things not considered at the budget time and being considered in isolation.
Commissioner Morris said he thinks all the Board had a few “raised eyebrows” when they saw the budget adjustments come in this year, and there were some significant large ones. If this becomes a trend, it would be more than of great concern to the Board. He said the Pay Band 1 does seem a little weird as the positions seem not to be temporary.
Mr. Grace said perhaps staff should have listed those positions in the budget book the same as the part-time and full-time positions, and that will be done in the future. He said it is not new with the merit program as far as carrying over merit dollars. This has been done for years. He advised he and staff will be taking a comprehensive look at the entire merit program, and the Board will be part of that discussion this coming year. He thinks the Board needs to focus and look at the work sessions on the budget during the summer. That’s the place for the Board to “wrestle” with some of these things. If the Board would make him aware of things they want to look at as they go along, he will make sure those are worked into the process.
Mr. Grace advised Commissioner Van Der Weide of the kinds of employees in Pay Band 1, and he said they do not receive any benefits.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt the Millage Levy Resolution #2003-R-159, as shown on page _______, for the County’s FY 2003/04 Budget; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt the Budget Resolution #2003-R-160, as shown on page _______, for all funds and recommended positions and pay bands as initially presented to the Board of County Commissioners by the County Manager in his official capacity as Budget Officer (per Florida Statute 129.025) and subsequently amended by the Board of County Commissioners for FY 2003/04; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:43 p.m., this same date.
ATTEST: ______________________Clerk ____________________Chairman
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