BOARD OF
SEPTEMBER 23, 2008
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, September 23, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Michael McLean (District 2)
Commissioner Bob Dallari (District 1)
Commissioner
Commissioner Dick Van Der Weide (District
3)
County Manager Cindy Coto
Deputy Clerk Eva Roach
The
Invocation was given by Pastor Bill Feist,
Cindy
Coto,
AWARDS
AND PRESENTATIONS
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-214,
as shown on page ________, proclaiming the month of October as “National
Disabilities Awareness Month” in
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Rose Davis, member of the Disability Advisory
Council, who addressed the Board to express her appreciation.
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Chairman
Carey recessed the meeting at 9:37 a.m. for the purpose of convening the
Cindy
Coto, County Manager, addressed the Board to advise that staff has added the
following three add-on Resolutions as Items #2A, Architecture Month; #2B,
Mental Illness Awareness Week; and #2C, Passionately Pink Day for the Cure for
Breast Cancer Awareness to the Consent Agenda.
She indicated that Item #11, Approve FY 2008/2009 Contract with State of
Commissioner
Van Der Weide requested that Item #7, Waive procurement process, approve
negotiated fee and award M-600514-08, be pulled for a separate vote.
Robert
McMillan,
Jerry
McCollum,
Upon
inquiry by Chairman Carey, Ray Hooper, Purchasing Manager, addressed the Board
to clarify that KPFF Consulting Engineers is the leading designer and they will
be doing the design work for Item #5, Approve ranking list and authorize staff
to negotiate rates for PS-3615-08, but the CEI will be done by the local
company (Paul J. Ford & Co).
Chairman
Carey stated she would like to bring to the Board’s attention the inequity in
what they pay on Item #8, approve renewal and rate increase of Group Health
Insurance policy with Blue Cross Blue Shield of Florida. She stated the County is paying more for
employees going with Option 2 (Blue Options POS Premium Plan) and she doesn’t
understand why they would be doing that.
She questioned that if an employee is taking a more expensive option
then, should it be at the County’s expense or the employee.
Upon
inquiry by Commissioner McLean, Ms. Coto advised there are approximately 19
employees who have selected the Premium Plan and the additional cost to the
County is $24,599.16. Commissioner McLean stated he feels the intent
has always been that they will pick up a consistent proportion of the insurance
bill as opposed to a particular fixed amount.
He said he would be comfortable with keeping the process as it is
because the intent is the County covers a certain portion of the insurance for
the employees.
Commissioner
Chairman
Carey stated she has asked staff to look at what other communities are
doing. She stated as they move forward
she feels they will have some real inequities going on with the benefits for the
employees. She added she feels if
someone wants to choose an expensive plan, then they should pay the difference.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize and approve the following,
including the add-on items and excluding Item #7:
2A. Adopt appropriate Resolution #2008-R-217, as shown on page
_________, proclaiming the month of October as “Architecture Month” in
2B. Adopt appropriate Resolution #2008-R-216, as shown on page ________,
proclaiming October 5 through 11, 2008 as “Mental Illness Awareness Week.”
2C. Adopt appropriate Resolution #2008-R-218, as shown on page
_________, proclaiming October 3, 2008 as Susan G. Komen’s “Passionately Pink
Day for the Cure for Breast Cancer Awareness.”
Administrative
Services
Purchasing and Contracts
3.
Approve
the assignment of PS-0709-06/BLH, as shown on page _________, Howell Creek
Basin/Red Bug Lake Road Regional Stormwater Facility Project from TEK Science
& Engineering, Inc.,
4.
Approve
ranking list and authorize staff to negotiate rates for PS-3306-08/JVP -
Construction Engineering and Inspection Services for
5.
Approve
ranking list and authorize staff to negotiate rates for PS-3615-08/RTB - Design
Services for Communication Tower Repair and Replacement with KPFF Consulting
Engineers of Seattle, Washington, and Paul J. Ford and Company of
6.
Approve
an increase to the Board approved Estimated Annual Usage for PS-1074-06/TRJ -
Professional Geotechnical Services and Construction Material Testing and
Inspection Master Agreement by an additional $100,000.00 per year.
Support Services
8.
Authorize
the Board of County Commissioners to approve the renewal of the Group Health
Insurance policy with Blue Cross Blue Shield of
9. Approve and authorize the Chairman to execute
a Parking Agreement, as shown on page ________, with the U.S. Department of
Agriculture for parking at the
Community Services
Administration
10.
Approval
and authorization for the Board of County Commissioners to adopt the Seminole
County Health Department Fee Resolution #2008-R-219, as shown on page ________,
to update the Administrative Code.
11.
Approval
of the FY 2008/2009 Contract, as shown on page _________, between the State of
Florida Department of Health and
CDBG
12. Approve and authorize the Chairman to execute
the First Amendment, as shown on page ________, to the Seminole County/City of
Community Assistance
13.
Approve
and authorize the Chairman to execute the following Satisfactions of Second
Mortgage, as shown on page ________, for households assisted under the SHIP
Home Ownership Assistance Program or the Emergency Repair Housing Program: Laurencia Fahie; Jeanne M. Brennan; Larry
Buckner; Lean Corns; Renee Davidson; Alma Eudell; Alma Eudell; Alfredia T.
Floyd; Sherry M. Johnson; Sarah McMillon; Susan K. Pollard; Elzona Robinson;
Elzona Robinson; Kimmie Rowson; Jeremiah & Sue Session; Nellie M. Smith;
Reginald Smith; Rhonda S. & Rickey J. Travis; and Willie Williams.
Environmental Services
Planning,
Engineering & Inspections
14. Acceptance of a Utility Easement, as shown on
page _________, granted by the Seminole County Port Authority for the
replacement of a potable water main.
Fiscal
Services
Budget
15. Approve and authorize the Chairman to execute
Resolution #2008-R-220, as shown on page
________, implementing Budget Amendment Request (BAR) #08-97 through various funds
in the amount of $974,444.00 to cancel appropriations from the Hazard
Mitigation-Wind Retrofit Grant Fund and transfer balances of cash matches
provided by the General Fund and Fire Protection Fund.
Leisure
Services
Parks and Recreation
16. Approve the implementation of the Leisure
Services Department, Scholarship Seminole Program, as shown on page ________;
authorize the Leisure Services Department Director to make appropriate
participant fee adjustments in accordance with Scholarship Seminole Program
guidelines; and further authorize the Leisure Services Director to enter into
Scholarship Seminole Program Agreements with qualified participants in
accordance with Scholarship Seminole Program guidelines as defined.
Planning
and Development
Development Review
17. Approve and authorize the Chairman to execute
appropriate Resolution #2008-R-221, as shown on page _________, vacating and
abandoning the west 1.5 foot portion of the platted utility easement located at
the east property line of Lot 44, Copperfield, recorded in the Public Records
of Seminole County, Florida in Plat Book 43, Pages 93 and 94 in Section 22,
Township 21 S, Range 30 E, and further described as 867 Copperfield Terrace,
Jason Aspinwall.
Public
Works
Engineering
18.
Approve
and authorize the Chairman to execute a Joint Facilities Agreement, as shown on
page _______, between the city of
19.
Approve
and authorize the Chairman to execute an Extension, as shown on page _______,
to a Cost Share Agreement in conjunction with Contract #SJ456AA between the St.
Johns River Water Management District and
20.
Adopt appropriate
Resolution #2008-R-222, as shown on page ________, and authorize the Chairman
to execute a Local Agency Program (LAP) Agreement, as shown on page _________,
with the Florida Department of Transportation relating to reimbursement funding
for the construction of the Fernwood Boulevard Safety Improvements Project (FDOT
FPN: 419690-1-58-01).
21. Approve and authorize the Chairman to execute
an Intergovernmental Work Agreement, as shown on page _________, (Innovative
Waste Reduction and Recycling Grant) between
Traffic Engineering
22.
Approve
and authorize the Chairman to execute the Signage Agreement, as shown on page
________, between
Districts 1, 2, 3, 4 and 5 voted AYE.
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Item #7, Waive the procurement process,
approve the negotiated fee and award M-600514-06/TRJ - Federal Legislative and
Governmental Liaison Services to Alcalde Fay of Arlington, Virginia, in the
amount of $72,000 per year, was presented.
Commissioner Van Der Weide stated he has not
changed his opinion on this item as he doesn’t think the County is getting
their money’s worth from the Federal lobbyist.
He said due to the financial restraints that are being pointed out at
every meeting he cannot support this item.
Commissioner
Ms. Coto stated this firm also represents
Lake and Osceola counties and they are charging the same rate as they do
Commissioner Van Der Weide stated he just
wants to go on record that he is opposed in principle to the Federal lobbyist.
Motion
by Commissioner Henley, seconded by Commissioner Dallari to authorize waiving
the procurement process, approve the negotiated fee, and award M-600514-08/TLR,
as shown on page _________, Federal Legislative and Governmental Liaison
Services to Alcalde Fay of Arlington, Virginia, in the amount of $72,000 per
year.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion
by Commissioner Henley, seconded by Commissioner Dallari to authorize and
approve the following:
CLERK’S OFFICE
23. Expenditure Approval Lists, as shown on page ________, dated August
25 & September 2, 2008, and Payroll Approval List, as shown on page
_______, dated August 21, 2008; approval of BCC Minutes dated August 26, 2008;
and noting, for information only, the following Clerk’s “received and filed”:
1. Copy
of Executive Order #08-170, as shown on page _________, from the Office of the
Governor re: Tropical Storm Fay.
2. Executive
Orders #2008-1 & #2008-2, as shown on page _________, of
3. Copy
of Executive Order #2008-010, as shown on page ________, of
4. Notice
of Commission Service Hearing from the PSC re:
Aqua Utilities
5. Audit
of Contract Award Process from the Clerk of Circuit Court, Maryanne Morse.
6. Bill
of Sale, as shown on page __________, and acceptance letter of water &
sewer for Pools by Bradley Office.
7. D.O.
#08-21500001/Second Amended & Restated Oakmonte Senior Villages (Shiralogo)
PUD Developer’s Commitment Agreement, as shown on page _________.
8. Addendum
#3 to ZOM Seminole Interstate PUD (Seminole Crossings PUD) Development
Commitment Agreement/D.O. #08-21500006, as shown on page ________.
9. Clerk
of Circuit Court of Seminole County FY 2008/2009 Budget, as shown on page
________.
10. Copy of Memorandum to
11. Park Contracts, as shown on page ________, for
the following: Max Wilkes, Kenneth
Rowland, Amanda Mattison, and Steve DeCresie.
12. Right-of-way Utilization Permit Maintenance
Bond, as shown on page ________, in the amount of $7,176.20 for Riverside
Terrace.
13. C.O. #4, as shown on page _________, to
CC-0751A-06.
14. IFB-600321-08 Term Contract, as shown on page
_________, with Temple, Inc.
15. Amendment #1, as shown on page _________, to
W.O. #6 for M-485-05.
16. W.O. #14, as shown on page _________, to
CC-1741-07.
17. W.O. #14, as shown on page _________, to
PS-5124-02.
18. C.O. #1, as shown on page _________, to W.O.
#20 to CC-1075-06.
19. W.O. #5
& #6, as shown on page _________, to RFP-4233-04.
20. IFB-600445-08 Contract, as shown on page
_________, with Simplex Grinnell, L.P.
21. C.O. #1, as shown on page _________, to
CC-2648-07.
22. C.O. #7, as shown on page _________, to
CC-2143-07.
23. W.O. #13, as shown on page _________, to
CC-1284-06.
24. Amendment #1, as shown on page _________, to
W.O. #4 to PS-5173-04.
25. W.O. #6, as shown on page _________, to
PS-5180-05.
26. W.O. #13, as shown on page _________, to
CC-0012-05.
27. C.O. #1, as shown on page _________, to
CC-1184-06.
28. W.O. #37, as shown on page _________, to
PS-1074-06.
29. Amendment #1, as shown on page ________, to
M-3763-08.
30. M-3750-08 Basic Agreement, as shown on page
_________, with East Central Florida Regional Planning Council.
31. RFP-600464-08 Contract, as shown on page _________,
with Anixter, Inc.
32. Bids as follows: IFB-600423-08, RFP-600508-08, RFP-600492-08,
and CC-3645-08.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Meloney Lung, Administrative Services,
addressed the Board to present request to approve the Contract for the Sale and
Purchase of Land for Parcels #03-20-31-5AY-0000-31AO, #03-20-31-300-0100-000,
and #03-20-31-300-0110-0000 in the amount of $3,500,0000, for a total of approximately
28+/- acres, with Khalil and Franziska Schmidt, Ziegelgasse 21, 85354 Freising,
Germany.
Commissioner Henley requested if the Board
moves forward positively, that a workshop be scheduled to give them an
opportunity to hear everyone’s comments.
Ms.
Lung submitted a packet (received and filed) consisting of a site bubble plan;
schedule comparisons; cost summary; and square footage calculations. She stated this item was continued to allow
staff to go back and look at the timeline.
She added she feels a workshop would be beneficial in getting everyone
together to discuss how and what should go there.
Chairman Carey stated she feels the County
needs to get the Public Works operation off the 5-Points property so they can
get it redeveloped. She stated she spoke
to Mr. Johnson and Mr. McCollum with regard to what would be the most efficient
location for them and would it be the same as for the Public Works Department and
they indicated it would be. She said that
would be part of the workshop discussion.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean to approve and
authorize the Chairman to execute the Contract, as shown on page ________, for
the Sale and Purchase of Land for Parcels #03-20-31-5AY-0000-31AO,
#03-20-31-300-0100-0000, and #03-20-31-300-0110-0000 in the amount of
$3,500,000, for a total approximately 28+/- acres, with Khalil and Franziska
Schmidt, Ziegelgasse 21, 85354 Freising, Germany.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Ms. Lung, Chairman Carey
advised the Board will get back with staff on the timeline of the work session.
No Report.
Budget
Amendments Status Report FY 2007/2008 was noted for information only.
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Upon inquiry by Chairman Carey, Ms. Coto
advised staff will be reviewing the budget amendments status report this
afternoon after the public hearings.
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The
Chairman recessed the meeting at 10:10 a.m., reconvening at 1:30 p.m., this
same date, with all Commissioners and all other Officials, with the exception
of Deputy Clerk
PROOFS
OF PUBLICATION
Motion by Commissioner Van Der Weide,
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.
PUBLIC
HEARINGS
APPEAL
AGAINST THE BOA,
RICH
SOMMER
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Appeal against the Board of Adjustment’s decision for a Special
Exception request to establish a retail tire service automotive garage in PUD
(Planned Unit Development) zoning district, for property located at the corner
of Red Bug Lake Road and Pine Bluff Place, Rich Sommer, received and
filed.
Planner,
Joy Williams, addressed the Board to present the Appeal, advising the appellant
proposes to establish a Discount Tire automotive garage. The proposed establishment will only provide
retail sales and installation of tires and wheels. No other mechanical repairs of any kind will
take place on site. All installation of
tires and wheels will take place within the building. The proposed hours of operation will be
Monday – Friday from 8:00 a.m. to 6:00 p.m., Saturday from 8:00 a.m. to 5:00
p.m., and closed on Sunday.
Attorney
James Johnston, representing the Appellant, addressed the Board to advise due
to a condition in the Oviedo Marketplace PUD, a mechanical garage requires a
conditional use approval. He said they
were unaware of any objections until the Board of Adjustment meeting when the
Tuska Ridge Homeowners Association voiced their objections. He said Tuska Ridge is on the opposite side
of
Gary
Dunlop, Vice President of Store Operations for Discount Tire, addressed the
Board to advise they have over 720 stores in 21 states. He said they operate clean and efficient tire
stores across the country. He stated
they have done marketing studies and there is a need for a tire store at this
location. He further advised they sell
tires for only cars and light trucks; no tires are stored outside the
facilities, and all work is performed in bays.
Upon
inquiry by Commissioner Carey, Mr. Dunlop advised they will hire five full-time
employees and about five or six part-time (students).
Attorney
The
Chairman read into the Record comments (Written Comment Form was received &
filed) from Tom Boyko of the Red Bug Residential Coalition in support of the
Board of Adjustment’s decision to deny the conditional use.
Blake
Smith,
Jordan
Haywood,
A
brief discussion ensued between Commissioner Dallari and Mr. Haywood with
regard to frequency levels of air guns.
Attorney
Upon
inquiry by Commissioner Henley, Attorney Johnston advised they are proposing
six bays. He displayed a photograph of
what the store will look like.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Letters
and e-mails in opposition were received and filed.
At
the request of the Chairman, Ms. Williams read into the Record the list of allowable
uses under the current zoning which included fast food restaurants.
Chairman
Carey stated she believes the fast food restaurants and some of the other
permitted uses would be more offensive to the homeowners than the tire
store. She added that
District
Commissioner Dallari stated he believes the big issue is the noise. Therefore, he would recommend upholding the
Board of Adjustment’s denial of the conditional use.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to uphold the Board of Adjustment’s decision,
thereby, denying the appeal and the Special Exception to establish a retail
tire service automotive garage in a PUD zoning district, on property located at
the corner of Red Bug Lake Road and Pine Bluff Place, as described in the proof
of publication, Rich Sommer, Decision on Appeal, as shown on page ________.
Under
discussion, Chairman Carey stated she will not be supporting the motion as this
is an allowable use and she does not feel there will be any noise issues.
Districts
1, 2 and 3 voted AYE.
Commissioners
Henley and Carey voted NAY.
Commissioner
Dallari left the meeting at this time.
REZONE
TO C-2, KHURSHID AHMED
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request for a Small Scale Future Land Use Amendment from MDR (Medium
Density Residential) to COM (Commercial) and a rezoning from R-2 (One and Two
Family Dwelling) to C-2 (Retail Commercial) for approximately 0.29 acres,
located at the northeast corner of the intersection of CR 427 and Merritt
Street, Khurshid Ahmed, received and filed.
Planner,
Austin Watkins, addressed the Board to present the request, advising the
majority of the property is already assigned the
Commissioner
Dallari re-entered the meeting at this time.
Dr.
Ahmed, applicant, addressed the Board to request approval.
No
one else spoke in support or in opposition.
District
Commissioner Henley stated he believes this is an appropriate development for
this area.
Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt Ordinance #2008-45, as shown on page _______,
approving a Small Scale Future Land Use Amendment from MDR (Medium Density
Residential) to COM (Commercial); and to adopt Ordinance #2008-46, as shown on
page _______, granting rezoning from R-2 (One and Two Family Dwelling) to C-2
(Retail Commercial) for approximately 0.29 acres, located at the northeast
corner of the intersection of CR 427 and Merritt Street, as described in the
proof of publication, Khurshid Ahmed, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST
TO REZONE FROM A-1
TO
R-1AA, KIMBERLY BOWLES
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from A-1 (Agriculture) and R-1AA (Single Family
Dwelling) to R-1AA (Single Family Dwelling) property consisting of approximately
3.88 acres, located on the north side of Jessica Drive, approximately 500 feet
west of the intersection of Jessica Drive and Bear Lake Road, Kimberly Bowles,
received and filed.
Planner,
Austin Watkins, presented the request, advising the Future Land Use designation
of the subject property is Low Density Residential which allows the requested
zoning district. He stated the LDC
requires the application of the Weighted Method for Determining Single-Family
Residential Compatibility in the Low Density Residential future land use
designation. Staff conducted the lot
size compatibility analysis and determined that the analysis supports the
requested R-1AA zoning classification.
He further advised that the P&Z Commission unanimously recommended
approval of the request and the staff also recommends approval.
It
was determined that neither the applicant nor her representative was in
attendance.
No
one spoke in support or in opposition.
District
Commissioner Van Der Weide recommended approval.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to adopt Ordinance #2008-47, as shown on page
________, granting rezoning from A-1 (Agriculture) and R-1AA (Single Family
Dwelling) to R-1AA (Single Family Dwelling) property consisting of
approximately 3.88 acres, located on the north side of Jessica Drive,
approximately 500 feet west of the intersection of Jessica Drive and Bear Lake
Road, Kimberly Bowles.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Carey advised that as a result of the flooding from Tropical Storm Fay, several
dirt roads, which are not maintained by the County, experienced major
damage. She displayed photographs (not
received & filed) of the roads in question, stating the condition of them
are severe enough to deprive residents vehicular access to their property and
impact accessibility for emergency response vehicles. She said the following roads are being
brought forward by Public Works staff who are recommending emergency
maintenance:
Commissioner
Henley questioned to what extent is the County going to work on these
roads.
Public
Works Director, Gary Johnson, addressed the Board to advise they will mill the
road base and fill in some of the distressed areas. He added the projected cost is less then
$10,000. He also advised Commissioner
Dallari that they are pursuing reimbursement from FDOT on the
Commissioner
Dallari requested staff advise him of what FDOT response is on the
reimbursement request.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize emergency maintenance on the
following roads:
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey advised she is serving as the Honorary Chair for the
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Chairman
Carey advised October is “Domestic Violence Awareness Month” and the Sheriff
and she are co-hosting the Seminole County Annual Domestic Violence Awareness
luncheon on October 2 at 11:30 a.m., at the Lake Mary Marriott. She said this year’s theme is “Coaching Boys
to Men”.
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The
Chairman stated on October 30 the Seminole Roasters will be roasting
Commissioner Carlton Henley. Money
raised at this event will go to the Carlton Henley Scholarship Fund and the
Wayne Densch Performing Arts Center.
DISTRICT
COMMISSIONERS’ REPORTS
At
the request of Commissioner Dallari, Ms. Coto gave an update on the
Scottish/American Society situation. She
said the funding agreement for the event stipulates that receipts must be
submitted to the County within 90 days in order to be eligible for reimbursement. That time has lapsed and it is outside of the
contract the Board approved.
Commissioner
Dallari explained that there has been a change in the structure of the
management team and he believes this just fell through the cracks.
Commissioner
McLean stated if the Board waives this provision and accepts the receipt, he
wants to make sure it is a one-time thing.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to extend until the end of the calendar year
(September 30, 2008) the time period for receipts to be received from the
Scottish/American Society for reimbursement.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated he has met with a couple of companies that are trying to do a
private/public partnership to acquire Aqua Utilities. He said he had previously asked staff to run
numbers on establishing a taxing district for this. However, he wants to put that on hold until
he sees what these companies are going to come up with.
The
Board, by consensus, directed staff
not to continue to research the possibility of a taxing district for Aqua
Utilities.
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At
the request of Commissioner Dallari,
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Commissioner
McLean requested approval of travel for him to go to the Florida Association of
Counties meeting in
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to authorize travel expenses for
Commissioner McLean to attend the FAC meeting in
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
McLean advised he attended the Central Florida 911 Luncheon at the
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Commissioner
McLean stated he attended the Economic Development Commission awards banquet
which was held at the Marriott in
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Commissioner
McLean stated he also attended the Central Florida Zoo fund-raising event and
$120,000 was raised for the Zoo.
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Commissioner
McLean briefly discussed that he handled concessions at the
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Commissioner
Van Der Weide briefly discussed the sinkhole in his district.
Mr.
Johnson advised the technical people are analyzing the sinkhole so that it can
be filled.
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Commissioner
Van Der Weide said Public Works staff has been working with the
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Commissioner
Van Der Weide advised the Sabal Point Country Club Golf Course issue has not
gone away and the residents are getting frustrated. He added that he does not see anything
happening for years to come.
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Commissioner
Van Der Weide stated he is working with the Port Authority and East Central
Florida Regional Planning Council on their budgets. A brief discussion ensued with regard to the
East Central Florida Regional Planning Council and their scope per
statutes.
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Commissioner
Henley requested approval of resolutions of appreciation.
Motion by Commissioner Henley, seconded
by Commissioner Dallari to adopt appropriate Resolution #2008-R-225, as shown
on page _______, commending Barbara Lewis for her service on the Animal
Services Board; and adopt appropriate Resolution #2008-R-226, as shown on page
_______, commending Hunt Dawkins for his services on the Animal Services
Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded
by Commissioner Dallari to appoint Kathleen Prince to fill an unexpired term on
the Animal Services Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Henley distributed a copy (not received & filed) of the latest response
from Orange County Mayor Crotty regarding LYNX funding. He said LYNX will be meeting again on
September 25 to determine what cuts will be needed. He added that they have been able to reduce
the deficit by $2 million, but the problem remains in the shortfall from
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Commissioner
Henley advised the MetroPlan annual retreat was held in
Director
of Fiscal Services, Lisa Spriggs, addressed the Board to advise the reserves
for capital improvements/land for the 17-92 Redevelopment Fund will be
$1,400,000 (copy of amended report regarding same was received &
filed). She discussed and reviewed the
Five Year Fund Forecast (copy received & filed) for fiscal years 2008/09
through 2012/13. She said one of the
largest adjustments is with the Communications Service Tax – reducing it by $2
million going forward. She said there is
a $25,000 budget adjustment to accommodate the Regional Commission on
Homelessness which is included in the second public hearing document. She briefly discussed the Sheriff’s budget
and carry-over funds.
Chairman
Carey noted that projections show the County is spending more money than taking
in. She said unless they change the way
they do business, they will be in a serious financial situation. She further said that health care is only one
example, but everything needs to be reviewed and looked at in a different
way.
Ms.
Spriggs reviewed with the Board the actions the staff is asking the Board to
make at tonight’s budget public hearing.
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The
Chairman announced that certain sections of the
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Facsimile
dated September 8, 2008 from Congressman Tom Feeney to U.S. Dept. of Agriculture
Secretary, Ed Schafer, re: agricultural disaster declaration.
2. Public
Meeting Notice received September 8, 2008 from the City of Lake Mary re:
cancellation of the September 9, 2008 Planning and Zoning Board meeting for
Waterside Subdivision.
3. Letter
dated September 10, 2008 from Stephen Noto, Planner, City of Lake Mary, to
Chairman Brenda Carey re: Seminole Community College Annexation Cancellation.
4. Letter
dated September 11, 2008 from Diane Pickett Culpepper, Bright House Networks,
to the Seminole County Board of
5. Memorandum
dated September 11, 2008 from Harry Barley, MetroPlan Orlando, to MetroPlan
Board Members re: Lynx Funding.
6. Copy
of letter dated September 12, 2008 from Cathy Collins, Florida Department of
Revenue, to Ray Valdes, Tax Collector, re: budget request and Official’s salary
adjustments for 08-09.
7. Facsimile
dated September 16, 2008 from Patricia McCoy Chisolm to Governor Charlie Crist
re: assistance needed due to flooding in the
8. Letter
dated September 17, 2008 from Ronald Stein to Seminole County Officials re:
request to reevaluate data that
ITEMS
FOR FUTURE AGENDA-PUBLIC COMMENT
Jeff
Abbott,
Upon
inquiry by Chairman Carey, Mr. Johnson advised the major canals are not on
easements that the County controls. He
said Mr. Peterson is trying to secure access for the County to go in and clear
them.
Don
Peterson,
Commissioner Dallari left the meeting at this time.
Upon
inquiry by Commissioner Henley, Mr. Peterson stated he would be willing to look
at a stormwater fee. He further stated
that there has been a tremendous amount of development to the south of Black
Hammock that has affected their drainage and flooding and he believes that
would be a good place to look for some money to fix this problem.
The
Chairman stated the first step is for District Commissioners Dallari and McLean
to meet with the City. She also asked
Mr. Johnson to review the information presented by Mr. Abbott.
Commissioner
Dallari re-entered the meeting at this time.
Speaker
Request Forms were received and filed.
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The
Chairman recessed the meeting at 3:40 p.m., reconvening at 7:01 p.m. with all
Commissioners and all other Officials, with the exception of Deputy Clerk Sandy
McCann who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
The
Invocation was given by Commissioner Henley.
Commissioner
McLean led the Pledge of Allegiance.
PUBLIC
HEARINGS
FINAL
MILLAGE RATES AND FY 2008/09 FINAL BUDGET
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of the final millage rates for FY 2008/09; and adoption of
the final budget for all funds for FY 2008/09, received and filed.
Chairman
Carey stated the purpose of this public hearing is to take any public comment,
explain the proposed budget, amend the budget as desired by the Board, adopt
the millage and set the County budget for FY 2008/09. She asked Ms. Coto and staff to discuss the
proposed budget for the upcoming year.
The Second Public Hearing Budget Booklet for FY 2008/09 was received and
filed.
Ms.
Coto stated they have discussed this proposed budget on at least seven
different occasions and have had a number of presentations and discussions
relating to it. She thanked the Board,
Constitutional Officers, Department Directors, Division Managers and staff for
all the work that has gone into developing the proposed budget.
Ms.
Spriggs advised that shown on pages 18-20 of the Budget Booklet is the detailed
fund summary of the tentatively adopted budget approved at the first public
hearing on September 10, 2008, totaling $714,306,370. This is inclusive of the General Fund budget
totaling $257,881,663. She stated the
tentative budget was advertised in the Orlando
Sentinel and notice of the budget hearing was posted. Adjustments to the advertised budget totaling
$272,741,025 are being made as detailed on pages 21-26 of the Budget
Booklet. The majority of these
adjustments are carry-forward items representing an available balance of FY
2007/08 budget appropriations where the items or projects will not be received
or completed by September 30, 2008. The
carry-forward items are detailed by fund and type beginning on page 28 of the
Budget Booklet. She reviewed the
carry-forward appropriations and the appropriate adjustments. She advised the tentatively approved budget
adjusted for carry-forward items and other adjustments totals $987,047,395,
inclusive of the General Fund budget totaling $274,034,191.
Ms.
Spriggs referred to page 5 of the Budget Booklet giving the summary table of
the millage rates detailing the current year millage levies for FY 07/08, FY
08/09 rolled-back rates and tentative millage rates for FY 08/09. She reviewed that the tentative County-wide
millage rate reflects a 4.29% decrease from the rolled-back rate. The debt service millage levy for
voter-approved Natural Lands/Trails Program is at .1451 mills and is being held
constant at the current rate, pending stabilization of the County’s tax
roll. It is anticipated this millage
rate will be adjusted downward next year.
The tentative levies for the County’s special districts represent a
decrease from the rolled-back rate of 7.29% for Fire/Rescue MSTU and 4.32% for
the Unincorporated Road MSTU. The
County’s overall aggregate millage rate represents a 3.75% decrease. That is a $111 decrease in taxes to the
average, single-family homeowner.
Quentin
Bertel, 4 Quail Run, representing the Markham Woods Homeowners Association,
addressed the Board to state they are not happy to see what is going on with
the millage rate. Under the proposed
4.5153 millage rate, the average resident’s bill will still go down slightly
because of the additional $25,000 homestead exemption, but not nearly as much
as under the current 4.3 rate. He said
they need tax relief during these very anxious economic periods. Raising the millage rates has the affect of
raising their taxes at a time when they should be lowered to the fullest extent
possible. They see major fiscal problems
for the County in the near future if current spending philosophies are not
challenged and changed. Some of the
Commissioners seem to be willing to put off these spending issues until later
or never, or solving them with more tax increases. It is time for a serious review of
No
one else spoke in support or in opposition.
The
Speaker Request Form for Mr. Bertel was received and filed.
Chairman
Carey stated she is not going to support an increase in the General Fund
millage, but she does intend to support the Fire Fund, Road Fund and
voter-approved debt.
Motion by Commissioner McLean, seconded
by Commissioner Henley, to approve the recommended changes to the FY 2008/09
tentative budget totaling $272,741,025.
Under
discussion, Commissioner Henley stated he keeps getting from a few people the
need for the County to cut, cut, cut, which leads him to believe they don’t
really understand what has happened in the last couple years. He asked the
Ms.
Coto reviewed the actions of staff and the Board beginning last year when they first
learned of the actions taken by the Legislature. She said the reason the public may not be
aware of what has been done is because actions were taken by the Board May 1 of
this year, far in advance of what most local governments did. She explained those actions taken to date
that the Board has approved is what has gotten them to where they are now. They still had a $14.5 million imbalance
between what the revenue stream and expenditures were. Staff had presented the Board with a number
of solutions as to how they could try to reduce taking from the Contingency to
get through this fiscal year. It is one
of those solutions they are proposing for the budget this evening, which is
going to the maximum millage rate that is allowed under Amendment 1, and in
essence passes on what the voters approved under Amendment 1. She said through FY-08/09, they will continue
to look at ways to reduce that overall differential between the expenditures
and revenues. Unless they drastically
reduce services, this is where they are at the present time.
Upon
inquiry by Commissioner Henley about the rolling stock, Ms. Coto advised that
the County has no rolling stock, except pieces of equipment related to turf
management and fire apparatus.
Commissioner
Henley said, traditionally, they have a plan to replace vehicles at a certain
stage and that has been eliminated. Over
the past years, the County has had over $38 million of unfunded mandates that
have been handed down from the State that they are now having to pay for. He said this afternoon they had citizens who
came before the Board asking for help with flooding in their areas, but the
County doesn’t have the resources now to do those type of things, and it is
going to be worse next year. He stated
this Board has always been a conservative Board when it comes to the use of the
public’s money. He has been on the Board
for 12 years and he doesn’t know of one time they have increased taxes. He thinks they need to do a better job of
letting the public know exactly what has been done.
Commissioner
McLean thanked Commissioner Henley for bringing this up because they need to
look at the magnitude of what they are doing.
He said this has been the most difficult 12 months. When you’re dealing with peoples’ lives and
situations, this is serious. He said
they are doing exactly what the voters asked them to do. This year is a tax decrease and not an
increase.
Upon
direction from Chairman Carey, Ms. Spriggs clarified that in the last two
budget years, they have cut approximately $50 million from the budget and that
does not include the capital program.
Discussion ensued.
Districts
1, 2, 3, and 4 voted AYE.
Commissioner
Carey voted NAY.
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Ms.
Spriggs reviewed that the proposed tentative millage levy is 4.5153, a 4.29%
decrease from the rolled-back rate of 4.7175; proposed 2.3299 millage for
Fire/Rescue MSTU, a 7.3% decrease from the rolled-back rate of 2.5135; proposed
.1107 millage for the Unincorporated Road MSTU, representing a 4.32% decrease
from the rolled-back rate of .1157.
Motion by Commissioner McLean, seconded
by Commissioner Henley, to adopt the FY 2008/09 General Fund County-wide
millage rate of 4.5153 mills.
District
1, 2, 3 and 4 voted AYE.
Commissioner
Carey voted NAY.
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Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to adopt the FY 2008/09 County/Municipal Fire
District millage rate of 2.3299 mills.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to adopt the FY 2008/09 Unincorporated Roads
MSTU millage rate of .1107 mills.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner McLean, seconded
by Commissioner Dallari, to adopt the FY 2008/09 Natural Lands/Trails Voted
Debt Service millage rate of .1451 mills.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded
by Commissioner McLean, to adopt Millage Levy Resolution #2008-R-223, as shown
on page _______, for FY 2008/09.
Districts
1, 2, 3 and 4 voted AYE.
Commissioner
Carey voted NAY.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to adopt Budget Resolution #2008-R-224, as
shown on page _______, for FY 2008/09.
Districts
1, 2, 3 and 4 voted AYE.
Commissioner
Carey voted NAY.
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Commissioner
Van Der Weide stated the way he looks at this is that it is a necessary
evil. Most people are looking to get a
small tax break on their tax bill. But
if they want to maintain any kind of quality of life, this is a necessary evil
and, hopefully, this will turn around in the next couple of years, but he
doesn’t see anything the Board can do.
Chairman
Carey said, hopefully, they will take this opportunity to look at how they can
do things a little more efficiently.
Commissioner
Henley stated he concurs, and they should always look for the opportunity to do
things better; but they can’t overlook the things that have been done in the
last couple of years to try to improve.
At the same time, however, the amount of service is restricted. He thinks that is something they have to
ultimately look to improve upon.
Commissioner
McLean stated there is no knowing what the Legislature could be doing in this
coming session. The Board has, as best
they could, prepared for what can come as opposed to what has already come.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 7:31 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
er/slm/cc