BOARD OF
SEPTEMBER 25, 2007
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday,
September 25, 2007, in the SEMINOLE
COUNTY SERVICES BUILDING at
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Mike McLean (District 2)
Commissioner Dick Van Der Weide (District 3)
County Manager Cindy Coto
Deputy Clerk Sandy McCann
Pastor Bill Feist,
Commissioner Bob Dallari led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner McLean, seconded by Commissioner Dallari, to adopt appropriate Resolution #2007-R-169, as shown on page _______, commending Colleen Rotella, Director of Business Innovation and Technology Services, for her 21 years of service to Seminole County and its citizens.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Ms. Rotella who addressed the Board to introduce her husband, advising he is the Mayor of Eustis, and to express her appreciation to the Board and County staff.
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Commissioner Van Der Weide gave an update
on the Seminole County Heroes Memorial effort.
He said this Memorial will honor the County’s military personnel, law
enforcement officers and firefighters who have died in the line of duty. He advised they have formed a non-profit
organization in order to receive donations from the private sector to build the
Memorial. He thanked Sheriff Don
Eslinger and Seminole County Fire Chief Raw who have worked very hard on the
Memorial. He introduced the following
members of the committee working on this project: Earle Denton, Dr. Neil Euliano, Dave
Halloran, Don Coleman, Frank Ioppolo, and Bob Kohl. He further advised that
Fire Chief Leanna Raw addressed the Board
to introduce Tim Grenz, President of the Seminole County Professional
Firefighters Local 3254
Dave Halloran, Icon Associates, addressed the Board to express his appreciation to the Board for contributing to the soldiers’ welcome home program.
Earle Denton, Icon Associates, addressed the Board to thank the Board for their support over the years.
Dr. Neil Euliano, Central Florida Veterans Memorial Park Foundation, Inc., addressed the Board to advise the County has 1,100 men and women who have made the ultimate sacrifice for their Country; and he expressed his appreciation to the Board for doing their Memorial.
Don Coleman, Seminole County Area Veterans
Advisory Council, addressed the Board to state he believes
Commissioner Van Der Weide recognized Bev Wineberg for volunteering her time on this effort.
Attorney Frank Ioppolo, Seminole County Heroes Memorial Association Board member, addressed the Board to thank Commissioner Van Der Weide for allowing him to be a part of this project.
Commissioner Van Der Weide recognized Kathryn Townsend and Veterans Director, George Tingel, for their assistance.
Commissioner Carey stated that as the wife of a Vietnam Vet, she would like to offer the first check to go towards this effort and would challenge each Commissioner to do the same.
Commissioner Van Der Weide stated he has already made a monetary donation to this cause.
Commissioner Carey clarified that with regard to Item #4, CC-2059-07/LKR, Markham Woods Road Utilities Phase II, that some of the work will be done by directional drilling because of the trees.
Commissioner Carey requested staff review including a convenience fee for customers using a credit card (Item #16). Chairman Henley stated staff can bring that back to the Board for consideration at a later date.
Commissioner McLean complimented staff on their work with regard to Item #7, Workers’ Compensation/Property Liability Insurance, stating the cost has decreased by 32%.
Acting Director of Administrative Services Frank Raymond advised the Risk Management staff worked very hard on this.
Motion by Commissioner Dallari, seconded by Commissioner Carey to approve and authorize the following:
Administrative Services
Purchasing and Contracts
3. Approve Amendment #2, as shown on
page _______, to M-0232-05/BLH with Motorola, Inc. of
4. Award
CC-2059-07/LKR Agreement, as shown on page _______, in the amount of
$3,910,167.70 to Expertech Network Installation, Inc. of Plantation, Florida,
for all labor, materials, equipment, transportation, coordination and
incidentals necessary for the construction of Markham Woods Road Utilities Phase
II.
5. Approve
the ranking list and authorize rate negotiations for PS-2108-07/VFT - Master
Agreement, as shown on page _______, for Design Services for Pedestrian Tunnel
at
6. Approve
the Purchase Order revision with Mary Brodeur Hope to provide additional
close-out services for the County's FEMA Reimbursement related to Hurricanes
Charley, Frances and Jeanne (an increase of $60,000.00 is requested to complete
the close-out process which will bring the revised total amount to
$109,975.00).
Risk Management
7. Approve
and authorize renewal of the County's Workers' Compensation, Property and
Liability insurance effective 10/01/07 - 01/01/09.
8. Approve
Addendum Number IV, as shown on page _______, to the Third Party Administrator (TPA)
Agreement with Johns Eastern Co., Inc. for the period of 10/01/07 through
09/30/08 and authorize the Chairman to execute the agreement in the amount of
$111,425.
Community Services
Administration
9. Approve
and authorize the Chairman to execute the Fifth Renewal, as shown on page
_______, to the Volusia County Interlocal Agreement for provision of Medical
Examiner Services for
10. Approve and authorize the Chairman to execute
the Contract, as shown on page _______, between the State of Florida Department
of Health and Seminole County FY 2007/2008 in the amount of $1,017,893.00.
11. Adopt and authorize the Chairman to execute a Resolution
#2007-R-170, as shown on page _______, increasing fees and establishing
revisions to Section 20.26 of the Seminole County Administrative Code.
Community Assistance
12. Approve and authorize the Chairman to execute
the Satisfactions of Second Mortgage, as shown on page _______, for the
following households assisted under the SHIP Home Ownership Assistance Program
and the Emergency Repair Housing Program:
Connie Carter, Elizabeth Ducos, Karen Giroud, Sheryl Mays, Rafael
Pimentel & Tomasita Pimental, David Ramos & Maria J. Padron, Autumn
Maire Sheaffer, Olga L. Paniagua, Michael K. Somers & Rebecca S. Pittman,
Ollie Stallworth & Eunice Stallworth, James Sykes & Idella Sykes, and
Kimberly Ann Vandervoort.
Environmental Services
Business Office
13. Approve and
authorize the Chairman to execute the Assignment and Amendment of Conditional
Utility Agreements, as shown on page _______, for Water and Sewer Services for
the project known as
14. Approve and authorize the Chairman to execute
the City of Winter Springs and Seminole County Wholesale Water and Wastewater
Service Agreement, as shown on page _______, to serve capacity to the Inwood
Office Park and future development located along the west side of Dovera Drive.
Fiscal Services
Administration
15. Approve to submit a grant application to
General Mills Sales, Inc., requesting $15,000 through their Hamburger Helper -
Hometown Helper Grant Program for enhancements to the Ed Yarborough Nature
Center; and authorize the
Budget
16. Approve and authorize the Chairman to execute
a Resolution #2007-R-171, as shown on page _______, implementing Budget Amendment Request (BAR) #
07-91 to the Water and Sewer Operating Fund in the amount of $67,000 to provide
additional funding for credit card fees.
MSBU
17. Authorize the scheduling and advertising of a
public hearing for updating the Consolidated Street Lighting District
Ordinance.
Leisure Services
Natural Lands
18. Approve and authorize the Chairman to execute
the Natural Lands Resolution of Uses #2007-R-174, as shown on page _______, as
directed in Part 4, Chapter 190 of the Seminole County Code.
Parks and Recreation
19. Withdrawal
of request to approve and authorize the Chairman to execute the
Non-Exclusive Lease Agreement with Seminole Baseball, Inc. for the rights to
the baseball facilities at
Planning and Development
Development Review
20. Approve and authorize the Chairman to execute
the minor plat for Dollard Enterprises on 4.325 acres located on Vihlen Road,
west of Upsala Road, in Section 33, Township 19S, Range 30E (Robert Dollard,
applicant).
21. Authorize the release of Performance Bond
#08773999 in the amount of $529,559.82 for
Public Works
Engineering
22. Approve and authorize the Chairman to execute
nineteen (19) Perpetual Stormwater Easements, as shown on page _______, and one
(1) Temporary Construction Easement, as shown on page _______, for the
Sweetwater Cove Tributary Surface Water Restoration Project Phase IIIB –
Dredging/Revegetation of
23. Approve and authorize the Chairman to execute
a First Amendment, as shown on page _______, to the Agreement (Contract
#S1433AA) between the St. Johns River Water Management District and
24. Adopt appropriate Resolution #2007-R-172, as
shown on page _______, and authorize the Chairman to execute a Locally Funded
Agreement, as shown on page _______, with the Florida Department of
Transportation (FDOT) for the acquisition of right-of-way for the State Road
436/Red Bug Lake Road Interchange Project from Lake Howell Road to Wilshire
Boulevard; approve and authorize the Chairman to execute a Memorandum of
Agreement, as shown on page _______, with the Florida Department of
Transportation and the State of Florida Department of Financial Services,
Division of Treasury, to establish an interest-bearing escrow account to
provide funds for work performed on the project; authorize issuance of a check
in the amount of $7,000,000 from funds in the County’s 2007/2008 Fiscal Year
Budget to be paid to the Florida Department of Transportation by November 1,
2007; and authorize issuance of a check in the amount of $16,435,000 from funds
in the County’s 2008/2009 Fiscal Year Budget to be paid to the Florida
Department of Transportation by November 1, 2008.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner McLean, seconded by Commissioner Carey to approve and authorize the following:
Litigation
25. Dennis R. Ely Property
- Approval of the proposed negotiated settlement relating to Parcel
Number 104, County Road 15 road improvement project. The proposed settlement is
at the total sum of $108,000.00 inclusive of all compensation to the owner,
attorney fees of any kind, all costs, interest and any other matter for which
26. Richards Property
- Approval of proposed settlement relating to Parcel Number 124C on the
26A. Authorization to reject the business damage
claim by Turfmaster Law & Ornamental Care Inc., relating to Parcel #112/712
and 113/713 on CR 15 project, Stephen G. Kohler and Douglas C. Lee, without a
counteroffer, based on the recommendation of the County’s business damage
expert.
Property Acquisition
27. Adopt Resolution #2007-R-173,
as shown on page _______, rescinding previous resolutions relating to major
road improvement projects for which acquisition is complete. Before acquiring
property, authority is obtained from the Board of County Commissioners by
resolutions. All property needed for the projects listed in this Resolution
were acquired through donations, purchase agreements or litigation. Adoption of
this Resolution is requested in order to clear title for all property not
needed by the County for the respective projects listed in the previously
adopted resolutions.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
CLERK’S REPORT
Motion by Commissioner Carey, seconded by Commissioner Dallari to approve and authorize the following:
28. Expenditure Approval List, as shown on page _______, dated August 27, 2007; Payroll Approval List, as shown on page _______, dated August 23, 2007; and Approval of BCC Official Minutes dated August 28, 2007.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1.
Change
Order #1, as shown on page _______, to Work Order #9 to CC-1075-06.
2.
Work
Order #15, as shown on page _______, to PS-5182-05.
3.
Work
Order #13, as shown on page _______, to CC-1075-06.
4.
Memorandum
to Sandy McCann, County Commission Records, from
5.
Memorandum
to
6.
Memorandum
to Ann Colby, Assistant
7.
Amendment
#1, as shown on page _______, to Work Order #51 to PS-5150-03.
8.
Performance
Bond, Payment Bond and Power of Attorney, as shown on page _______, for
CC-2244-07.
9.
Work
Order #5, as shown on page _______, to PS-5177-05.
10.
M-600259-07
Miscellaneous Contract, as shown on page _______, with ZHA, Inc.
11.
Work
Orders #50 and #51, as shown on page _______, to RFP-4214-07.
12.
Work
Order #14, as shown on page _______, to CC-1075-06.
13.
Amendment
#1, as shown on page _______, to Work Order #2 to PS-0381-05.
14.
Title
Opinions, as shown on page _______, for the following: Provenance (Townhomes);
15.
Title
Opinion and Performance Bond, as shown on page _______, in the amount of
$60,550 for the project known as Hanover Pointe (Townhomes).
16.
Title
Opinion and Performance Bonds, as shown on page _______, for Markham Woods
Enclave in the amount of $8,250 and $2,970.
17.
Maintenance
Bond #929373721MTC, as shown on page _______, in the amount of $22,400 for the
project known as Chuluota Waste Water Treatment Plant (Tenth Street).
18.
Bond
Rider, as shown on page _______, extending Bond #21328 for Talman Mews Phase
II.
19.
Performance
Bond #54-167317, as shown on page _______, in the amount of $83,493.88 for the
project known as Aloma Park Center Lot 89.
20.
Letters,
as shown on page _______, from Blue Cross Blue Shield and United Healthcare
reflecting 2nd Best and Final offer for RFP-600209-07.
21.
Amendment
#5, as shown on page _______, to RFP-4147-02.
22.
Change
Order #2, as shown on page _______, to Work Order #4 to CC-1284-06.
23.
Amendment
#1, as shown on page _______, to Work Order #4 to PS-5152-03.
24.
Amendment
#1, as shown on page _______, to Work Order #71 to PS-5165-04.
25.
Amended
Notice to Proceed, as shown on page _______, for RFQ-M-2199-07.
26.
Letter,
as shown on page _______, to The Budd Group re:
Vendor Material/Service Issue Form #001 for RFP-1091-06.
27.
Response,
as shown on page _______, from The Budd Group relating to Vendor Material/Service
Issue Form #001 for RFP-1091-06.
28. Change Orders #3, #4,
and #5, as shown on page _______, to CC-1636-06.
29. Change Order #1, as
shown on page _______, to Work Order #11 to CC-1075A.
30. Litigation Consultant
Services Agreement, as shown on page _______, with Gerson, Preston, Robinson
& Company.
31.
Bids
as follows: 600236-07; CC-2324-07; and
PS-2249-07.
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The Chairman recessed the meeting at 10:20 a.m., reconvening it at 10:30 a.m., this same date.
REGULAR AGENDA
Ms. Coto requested direction with regard to the Heroes Memorial. She advised there is approximately $300,000 available that could be used for the design of the Memorial. She also asked that the Board identify the location for the Memorial.
Commissioner Carey asked for an update on
the Deputy Sheriff Eugene Gregory’s Memorial.
Whereupon, Ms. Coto advised that Memorial is moving forward under the
Sheriff’s Office as funds have been donated specifically for that purpose and
the location of same will be at the
Commissioner Van Der Weide stated that
whatever the Board does with regard to the Heroes Memorial, they want the
citizens to be proud of it. He said this
has been discussed for a long a time and he is very happy that it has been jump-
started and is moving along. He further
said that he believes the fitting location for the Memorial would be right off
Chairman Henley agreed with Commissioner Van Der Weide that the Memorial needs to be in a location of prominence.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to move forward with the County Manager’s recommendation as follows: (1) Identifying the location of the Heroes Memorial to be off U.S. Hwy. 17-92 at Five Points with the Criminal Justice Center to be the backdrop; (2) Authorization to prepare and advertise a request for proposal (RFP) for design services; and (3) Authorize the utilization of funds from the $300,000 currently budgeted in the General Fund for the design phase.
Districts 1, 2, 3, 4 and 5 voted AYE.
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DCM Don Fisher addressed the Board to
present the revised Second Amendment to the Shane Kelly Park Agreement with the
City of
Mr. Fisher advised that the City has also included a Resolution repealing all previous resolutions and Council direction regarding the equestrian uses at the Park and requesting that a fully executed agreement be returned to the City within 45 days of the receipt by the BCC.
Commissioner Carey stated the Board needs to remember that the equestrians were the ones who started this effort and brought this park forward.
Commissioner Dallari stated he believes the Board needs to sit down with the City Council to discuss the original intent of this park.
Upon inquiry by Commissioner Dallari, Mr. Fisher advised the County has not received the easement to date.
Commissioner Carey stated the City is already in default of the original agreement. She added that maybe a joint meeting with the City is needed in order to put this to bed for one last time.
Commissioner Van Der Weide stated he
believes the
Motion
by Commissioner Dallari, seconded by Commissioner McLean to continue
consideration of the revised Second Amendment to the
Districts 1, 2, 3, 4 and 5 voted AYE.
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Purchasing Manager, Ray Hooper, addressed the Board to request direction with regard to RFQ-600187-07/TLR, Investment Banking Services.
Fiscal Services Director, Lisa Spriggs, addressed the Board to briefly discuss the committee’s evaluation process. She said staff is requesting that the Board select three firms or no more than four.
Commissioner Carey stated that in the past the Board has selected three firms and they have rotated being senior managers. She added she believes that has worked well.
After voting, Mr. McMillan announced that four Commissioners voted for Citigroup Global Markets and Commissioner Dallari voted for Banc of America.
Mr. McMillan distributed business cards for the second round of voting.
After voting, Mr. McMillan announced that three Commissioners voted for Banc of America and Commissioners Van Der Weide and Carey voted for RBC Capital Markets.
Mr. McMillan distributed business cards for the third round of voting.
After voting, Mr. McMillan announced that there was no majority vote. Commissioners Henley and McLean voted for Fifth Third Securities, Commissioners Van Der Weide and Carey voted for RBC Capital Markets, and Commissioner Dallari voted for Gardnyr Michael Capital, Inc.
After a fourth vote, Mr. McMillan announced that three Commissioners voted for Fifth Third Securities and Commissioners Van Der Weide and Carey voted for RBC Capital Markets.
All business cards were received and filed.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean to select the
following team of investment banking firms for RFQ-600187-07/TLR: Citigroup Global Markets, Orlando; Banc of
America Securities,
Districts 1, 2, 3, 4 and 5 voted AYE.
Dr. David Medley, Director of Community
Services, addressed the Board to introduce Laura Capp, Senior Resource
Laura Capp addressed the Board to introduce the following members of the Task Force on Aging: Dotti Burkett, Dennis Cahill, Linda Cavanaugh, Sherry Fincher, Paulee Stevens, Karen van Caulil, and Walter Willis; and to express her appreciation to them. She also expressed her appreciation to Dr. Medley and Pam Martin. She presented the 2007 Seminole County Communities for a Lifetime Final Report (copy received & filed). She discussed the highlights of the report, advising they are seeking Board approval on recommendations by the committee in the following areas: Administration & Operational; Public Information & Awareness; Demographics & Basic Needs; Health & Safety; Home & Neighborhood; Transportation; and Social & Community Involvement. Also, included in the recommendations is the establishment of a Commission on Aging as a standing advisory committee of the BCC and staff support for same.
Chairman Henley thanked Ms. Capp for her outstanding report; and said he believes it is important for the Board to approve the recommendations presented in it.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the recommendations presented by the Task Force on Aging in the 2007 Seminole County Communities for a Lifetime Final Report, including establishing a Commission on Aging as a standing advisory committee of the BCC, and authorization of staff support for same.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Fiscal Services, Lisa Spriggs, discussed the FY 2007/08 and FY 2008/09 Biennial Budget Update (copy received & filed). She advised the final budget packet is inclusive of Carry Forward items totaling $329,315,255. She also advised that they have made adjustments in revenues (Leisure Services’ fees & Port Authority revenue) and in the Sheriff’s budget per his memo. She briefly outlined the following outstanding items that a BCC decision is requested for: Judiciary positions ($482,612); Adult Drug Court Program ($143,462); and Court Technology Fund.
Chief Judge Clay Simmons addressed the Board to discuss the requested judiciary positions.
Ms. Spriggs stated that staff is recommending that the Board adopt the budget with a freeze on the newly-requested I.T. position for the State Attorney’s Office, allow staff to continue to work through the issues with the three agencies regarding the Court Technology Fund, and bring back a recommendation to the Board by the November 13, 2007 meeting.
Commissioner Carey stated she believes County staff needs to be timely in bringing this issue back. Discussion ensued.
Chairman Henley cautioned the Board about adding any positions to the budget.
Ms. Coto advised that if there is no BCC action on the judiciary positions, those positions will not be funded as of October 1, 2007.
Commissioner Dallari stated that of the eight judiciary positions, three of them deal with children services. He said he believes it would be a detriment to the County if those three positions are eliminated; therefore, he would like to see those positions put back into the budget.
Commissioner Carey agreed with Commissioner Dallari, stating she feels the Foreclosure Case Manager is also critical.
Chairman Henley stated these positions are not the County’s responsibility; they should be funded by the State and are not.
Motion by Commissioner Dallari, seconded by Commissioner Carey to include in the budget and fund the following judiciary positions: General Master/Dependency #8033; Case Manager/Dependency #8774; Staff Assistant/Court Operations #7343; and Case Manager/Foreclosures #8031.
Under discussion, Ms. Coto advised she has just found out that the County has also been paying for operational and maintenance costs on these positions. She said she would strongly recommend that the Board not fund those costs.
Commissioner Dallari clarified that his motion only includes funding the salaries of those positions. Commissioner Carey agreed.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
- - -
Commissioner Carey requested that the freeze on the position for the State Attorney’s Office be resolved in a timely manner.
- - -
Commissioner Carey stated she believes the Drug Court Program plays an important role in the judicial process. She said if there is no Drug Court Program, offenders go to jail, which costs more money.
Chairman Henley said the State must not think it is a significant enough program to fund it.
Chief Judge Simmons stated it is ridiculous to have a State Drug Court Manager and not have a Drug Court Program.
Commissioner Van Der Weide clarified with Ms. Coto that if this is funded, the money will be coming out of contingency. Ms. Coto further advised that during the beginning of the Budget Work Sessions, staff told the Board that $10 million needed to be cut in order to feel comfortable; however, that goal was not reached. She added that every dollar the Board goes in the opposite direction will come out of reserves. Discussion ensued.
Motion by Commissioner Carey to authorize funding the Adult Drug Court Program in the amount of $143,462.
The Chairman called for a second to the motion three times, whereupon, the motion died for the lack of same.
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The Chairman recessed the meeting at 11:45
a.m., reconvening at 1:32 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.
PUBLIC HEARINGS
PROOFS OF
PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to authorize filing into the Official Record
the proofs of publication for this meeting’s public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
PAM AND MELVIN
OLSON, Cont’d.
Continuation
of a public hearing from August 28, 2007, to consider adopting a Resolution
vacating and abandoning a portion of the unimproved public right-of-way known
as Garda Avenue as recorded in Plat Book 4, Page 18 in Section 31, Township
19S, Range 30E, Pam and Melvin Olson, as described in the proof of publication.
Brian
Walker, Senior Planner, addressed the Board to present the request, stating
that, based upon new information, vacating the right-of-way could pose an
access problem for emergency vehicles needing to get to the southern end of
Garda Avenue, staff recommends the Board deny the requested vacate.
Pam
Olson, applicant,
Commissioner
Carey asked Ms. Olson why she didn’t think she could put a circular driveway
off
Commissioner
McLean asked if Ms. Olson wanted to have an option to build something in the
future. She stated no, she would like to
be able to do this now so she doesn’t have to drive through mud and sand. She said the sand is ruining her wood
floors. She stated all she is trying to
do is make improvements to her area so one day she could sell.
No
one else spoke in support or in opposition.
Commissioner
Carey asked County Engineer Jerry McCollum if Ms. Olson wanted to use this
right-of-way to put in a driveway, is there anything that would keep her from
getting a right-of-way utilization permit and paving that portion that she is
interested in.
Jerry
McCollum,
Commissioner
Carey said there is an issue of emergency access with five or six trees that
need to be cleared. She confirmed with
Mr. McCollum that he is recommending that others clear those trees and not the
County.
Mr.
McCollum showed a picture (received and filed) on the screen showing Ms.
Olson’s canopy and trailer in the right-of-way and said the trees could be
cleared by anyone who comes and gets a permit.
He showed other pictures (received and filed) of access points to get to
homes on
Commissioner
Carey said if Ms. Olson’s canopy and trailer and one or two trees are taken
out, that right-of-way could be used as an emergency access if needed. Whereupon, Mr. McCollum showed another
picture (received and filed) of the dirt road with Ms. Olson’s driveway to the
left.
Commissioner
Carey stated she received a letter from Colleen Schmidt, who has lived in the
area for 23 years and said she is happy with the way things are now.
District
Commissioner Carey said based on all the information the Board has and the fact
that Ms. Olson could put in a driveway by getting a right-of-way utilization
permit, her recommendation is to deny the request.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to deny the request to adopt a Resolution
vacating and abandoning a portion of the unimproved public right-of-way known
as Garda Avenue as recorded in Plat Book 4, Page 18 in Section 31, Township
19S, Range 30E, Pam and Melvin Olson, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
ORDINANCE/LAKE
MYRTLE RESTORATION MSBU
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an Ordinance establishing the Lake Myrtle Restoration
MSBU, received and filed.
Kathy
Moore, MSBU Division, addressed the Board to present the request. Commissioner Carey confirmed with Ms. Moore
that there is no ongoing restoration, but that the Friends of Lake Myrtle will
be doing the maintenance after this project.
Andy
Lauzier,
Gretchen
Hobkirk,
Chairman
Henley advised he received e-mails (received and filed) in support from Dana
and Jeff Jacobs; Jan and Gabriela Murza; Simon Nguyen; Jerry Denman; and Mark
and Moira Gillespie. He also submitted
Written Comment Forms from Kimberly Young and Dana Jacobs in support.
Glenda
Ballentine,
Commissioner
Carey explained that part of the clean-up is to plant the right plants.
Ms.
Ballentine also said according to the pictures she received, only part of the
southern end of the lake is going to be done.
Ms.
Moore showed an aerial (in the agenda packet) identifying the area where
excavating is to be done and where the wildlife spoil area is to be.
Gloria
Eby,
Commissioner
Dallari explained that this is the minimum of what staff will be doing in the lake
and once this is done, then they will see how extensive they can go.
Ms.
Eby explained further that the maneuverability of the acreage clearage won’t be
known until they get out there in the lake.
She said the Friends group is very strong and she believes they will do
a very good job. They will try to change
some very high vegetation to low vegetation height.
Ed
Ballentine,
Chairman
Henley explained that the MSBU being formed is technically not a governmental
agency, but government will provide a mechanism for the collection of the taxes
that the citizens will pay. The
Chairman
Henley advised a Written Comment Form with letter attached was received from
Kathleen Karl in opposition.
No
one else spoke in support or in opposition.
Speaker
Request Forms and Written Comment Forms were received and filed.
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to adopt Ordinance #2007-33, as shown on page
_______, establishing the Lake Myrtle Restoration Municipal Service Benefit
Unit (MSBU), as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
SNOWBALL
DENTAL LAB REZONE FROM RP TO OP
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an Ordinance rezoning from RP (Residential Professional)
to OP (Office) on 0.47+/- acres, located on the corner of State Road 436 and
Avery Lane; Snowball Dental Lab/Mostafa Howeedy, received and filed.
Chairman
Henley advised the Board has received a request to withdraw this application.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to honor the request of the applicant and
withdraw the application for rezoning from RP (Residential Professional) to OP
(Office) on 0.47+/- acres, located on the corner of State Road 436 and Avery
Lane; as described in the proof of publication, Snowball Dental Lab/Mostafa
Howeedy.
No
one spoke in support or in opposition.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 2:15 p.m. and reconvened it at 2:18 p.m.
ORDINANCE
AMENDING LAND DEVELOPMENT CODE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an Ordinance amending the Land Development Code of
Seminole County to establish a new Sunset Date for the East Collector Road
Impact Fee District, received and filed.
Jeff
Hopper, Planner, addressed the Board to present the request, stating staff
recommends the Board enact the Ordinance establishing a new sunset date to
December 31, 2021.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to adopt Ordinance #2007-34, as shown on page
_______, amending the Land Development Code of Seminole County to establish a
new Sunset Date for the East Collector Road Impact Fee District; as described
in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
APPEAL
BOA/TBCOM Properties, LLC
Proof
of publication, as shown on page _______, calling for a public hearing to
consider Appeal of the Board of Adjustment’s decision to overturn the decision
of the Planning Manager regarding denial of a camouflage communication tower
determination in the PUD (Planned Unit Development) zoning district, 1680
McCulloch Road, TBCOM Properties, LLC, received and filed..
Tina
Williamson, Acting Planning Manager, addressed the Board to present the
request, stating she has received several e-mails in the last two days in
opposition and she submitted same into the Record. She showed a picture (received and filed) of
an approximate depiction of what the tower would look like. She said the proposed tower does not blend in
with the surrounding conservation area.
Commissioner
Van Der Weide stated it is appalling to him that the tower would be a problem
with a flag that would be standing out.
It seems odd to him that they could see this as bad. He said he disagrees with that
whole-heartedly.
Chairman
Henley said he thinks the Planning Manager was just trying to carry out the
criteria the Board established.
Commissioner
Carey said if the tower were sitting out in the middle of the conservation
area, that would be one thing, but it is on the edge of commercial
property. She asked what’s wrong with
that.
Ms.
Williamson showed a picture (received and filed) of the Winn-Dixie building and
surrounding lot and another picture (received and filed) of the continuation of
the parking lot at the edge of where the flagpole would be located.
County
Attorney Robert McMillan clarified that the purpose of this hearing is to
determine if the tower meets the definition of a camouflage tower under the
County’s code.
Commissioner
Carey said, obviously, a flagpole cell tower has been approved by the Planning
Manager in the past as meeting the definition of camouflage because there are a
number of those throughout the County.
Mr.
McMillan stated if the Board wants to include within the definitions that a
cell tower that looks like a flagpole is a camouflage tower they could do that.
Chairman
Henley stated the action before the Board is to reverse the Board of Adjustment’s
decision. If the Board doesn’t overturn
the BOA’s decision, then the tower can go in.
Discussion ensued.
Commissioner
Dallari said he understands from the Code that there are actually five
statements that determine whether a camouflage tower meets the definition of a
camouflage tower. Those are the only
five that the Board is to discuss.
Mr.
McMillan said that is correct and the test is not whether it looks like a cell
tower but whether it fits in the character of the definition. He advised Commissioner McLean that the tower
should meet all five criteria.
Chairman
Henley discussed with Ms. Williamson how many co-locators would be on the tower
and what the base of the tower looks like.
Ms. Williamson showed pictures (received and filed) of an approved
camouflage tower in front of the First Baptist Church with the base covered
with hedges. She said this makes it more
camouflaged.
Chairman
Ms.
Williamson said it does not change her opinion if the base was covered with
hedges instead of fenced, because the tower is located on the outskirts of the
parking lot and this tower is 120 feet while the others in the County are 84
feet.
Commissioner
McLean asked if there was any discussion at all about whether the applicant had
to have the 120-foot tower. Ms.
Williamson said she believes the applicant did consider a different size but
ultimately decided on 120 feet. She
believes they needed that for the service they want to provide. Whereupon, Commissioner McLean said they
might need to have that discussion to see if they can get most of what they
want with a lower tower.
Attorney
Mary Solik, Foley & Lardner,
Commissioners
Carey and Dallari discussed with Ms. Solik about the fencing shown on the
property whether it is to keep the public away from the abandoned Winn-Dixie or
to fence the wetlands.
Ms.
Solik stated they ran a balloon and did a photo sound, taking pictures
(received and filed) from Carillon to the north and east to see if the tower
would be visible. She said the residential
neighborhoods are not impacted by this tower.
She submitted a letter (received and filed) from Mr. O’Shaughnessy,
TBCOM Properties, that he is willing to post a $25,000 bond to commit that the
tower is maintained in good condition.
Upon
inquiry by Commissioner McLean, Ms. Solik explained the difference between the
monopole tower that is double mounted and a camouflage tower that cannot be
double mounted.
Commissioner
Dallari said there are several power poles up and down
Pete
Alvarado,
Upon
inquiry by Commissioner Carey, Mr. Alvarado showed another aerial (received and
filed) of the residential areas in Carillon and answered questions about how
many residents attend and participate in the Association’s meetings. He said he has not gotten anything from
homeowners, that he’s aware of, saying they want the tower to go in.
Commissioner
Carey stated she has had calls from folks saying they need the cell tower.
Ms.
Solik submitted to the Record an aerial of two flagpoles towers approved by the
Board on E.E. Williamson and on I-4.
Upon
inquiry by Chairman Henley, Ms. Solik and Mr. Tim O’Shaughnessy, applicant,
discussed the size of the base of the flagpole.
Commissioner
Carey noted that the single property owner owns the whole site so he’s aware of
what he is doing.
No
one else spoke in support or in opposition.
Speaker
Comment Form was received and filed.
District
Commissioner Dallari stated hearing the presentation from the applicant, the base
of the tower is a six feet and the top is three feet in diameter and the total
length is 120 feet. This will definitely
dwarf the trees in the area. He does not
feel it meets the criteria nor does it tie in with Carillon and does not blend
in. The tower will appear to be
unique. The flag will have to be very
large, and he feels this does not meet the criteria.
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to reverse the Board of Adjustment’s decision,
thereby denying a camouflage tower determination in the PUD (Planned Unit
Development) zoning district; located at 1680 McCulloch Road, as described in
the proof of publication, TBCOM Properties, LLC.
Districts
1, 2, and 4 voted AYE.
Commissioners
Carey and Van Der Weide voted NAY.
USE AMENDMENT AND
REZONE/ROB WASSUM
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an Ordinance for a Small Scale Land Use Amendment from SE
(Suburban Estates) to PD (Planned Development) and adoption of an Ordinance for
a rezone from A-1 (Agriculture) to PUD (Planned Unit Development) on 4.25+/-
acres located on the north side of Orange Boulevard, approximately ¼ mile west
of the intersection of Amanda Kay Circle and Orange Boulevard; Rob Wassum,
received and filed.
Ian
Sikonia, Planner, addressed the Board to present the request, stating two
corrections to the Development Order as follows: change Item (3)h to remove community
residential homes as permitted uses; and change Item (3)b to read, “the maximum
allowable density shall not exceed 2.93 dwelling units per net buildable acre,”
due to an error in calculations. He said
staff is recommending approval of the amendment and rezone.
Commissioner
Carey asked staff what the Land Development Code says about how to measure the
front setback. She also asked about the
cross access easement,
Mr.
McCollum explained they need to have the right-out? so that when people make
the right turn they don’t have people making the left turn quickly. They need to be careful where they put that
joint access location.
A
representative from Civil Engineering Group,
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to adopt Ordinance #2007-35, as shown on page _______,
approving a Small Scale Land Use Amendment from SE (Suburban Estate) to PD
(Planned Development), and adopt Ordinance #2007-36, as shown on page _______,
approving a rezoning from A-1 (Agriculture) to PUD (Planned Unit Development)
on 4.25+/- acres located on the north side of Orange Boulevard, approximately ¼
mile west of the intersection of Amanda Kay Circle and Orange Boulevard; as
described in the proof of publication, Rob Wassum; and approval of the
Preliminary Master Plan and Development Order, as shown on page _______, as
modified, to strike Item (3)f; strike Item (3)i; and modify Item (3) m to end
with “shall be required” and strike “unless staff determines it is not
feasible.”
Districts
1, 2, 3, 4 and 5 voted AYE.
ORDINANCE
TO UPDATE FLOOD PRONE PROPERTIES
Proof
of publication, as shown on page _______, calling for a pubic hearing to
consider adoption of an Ordinance updating the Flood Prone Property standards,
received and filed.
Tom
Helle, Acting Building Official, addressed the Board to present the request,
stating staff is recommending Board approval of the Ordinance and requesting
the Chairman to execute same.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to adopt Ordinance #2007-37, as shown on page
_______, updating the Flood Prone Property standards; as described in the proof
of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 3:35 p.m. and reconvened it at 3:45 p.m. Commissioner Van Der Weide did not return to
the meeting room at this time.
ITEMS
FOR FUTURE AGENDA - CITIZENS
Henry
Reyes, JP Morgan, 390 N. Orange Ave., addressed the Board to state he wanted to
get a chance to clean up a couple of things noted on the evaluation sheets for
the RFP process for banking services, (Item #31).
Commissioner
Van Der Weide returned to the meeting room at this time.
Mr.
Reyes said his first point was there was one sheet that indicated there was
potential limited capital with JP Morgan.
He said they have over $115 billion in capital. That gives them the ability to solely manage
a $10 billion to $15 billion deal. The
Board had flawed information for that.
Secondly, there were comments that their company had a conviction on an
interest rate swap. He said they have
had no convictions on the firm. There
were two people who defrauded the company who were let go in 2004 for
that. He said he wants to assure the
Board that control would be of the highest caliber and integrity. He wanted to point out, because the Board
does constrain themselves through the procurement process, he would urge them
to consider having another tier of firms that they would expect to always
participate in this transaction. He said
his company would be glad to participate in that. It would cost the BCC nothing because they
would never commit to a transaction unless they brought it to the County. He said they have seen having more than three
firms is of benefit to the County. Other
firms do this also; and Dade and
CHAIRMAN’S
REPORT
Chairman
Henley distributed copies of a Resolution (not received and filed) that has
been circulated and some cities have already approved it opposing the amendment
that would force voters to decide on tax reform changes. He said he could bring this up at the next
meeting if the Board wants to make changes.
He thinks those are issues the Board will have to “weigh in on.”
Commissioner
Carey suggested having this as a part of the agenda packet for the next
meeting.
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Chairman
Henley said he, the staff and
Commissioner
Carey said she knows there has been a lot of discussion about interest to do
public/private partnerships about developing some of these stations and she
would think the Commuter Rail Commission at some point, if there is interest,
would be the one to put this out on the bigger scheme of things.
Chairman
Henley said he thinks they are moving pretty well in this County. Longwood seemed to have a much larger scope, so
the exact location has changed twice.
Hopefully they are making progress.
He said the Department of Transportation (DOT) was down and straightened
out some things.
Mr.
McCollum said at this point, everything is moving at lightening speed. The issue is the location and private/public
partnership that Longwood is trying to foster.
He said probably within the next 30 days, DOT is going to be out buying
the properties. He’s had several phone
calls through his office and probably others.
Discussion continued.
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Chairman
Henley said the city of
Upon
inquiry by Commissioner Carey, Mr. McCollum clarified what happened with the
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated
2. Letter
dated
3. Copy
of letter dated
4. Notice
and agenda for Seminole County Port Authority meeting
5. Letter
dated
6. Letter
dated
7. Copy
of letter dated
8. Memorandum
dated
9. Letter
dated
10. Letter dated
11. Letter dated
12. Letter dated
13. Letter dated
14. Copy of letter dated
15. Notice from the City of Lake Mary of Comprehensive
Plan change and transmittal public hearings on
16. Letter undated to Friends & Colleagues in
the Community (with attachment) from Lars Houmann, President & CEO-Florida
Hospital, re: Transmittal of the annual
Florida Hospital Community Report.
17. Copy of identical letters dated
18. Letter dated
19. Letter dated
20. Letter dated
21. Letter dated
22. Copy of letter dated
23. Letter dated
24. Copy of memorandum dated
25. Copy of memorandum dated
26. Copies of letters to Marveen Kelly and Sabrina
Covington dated
27. Copies of letters dated
28. Contracts for services, as shown on page
_______, between Seminole County Government and the following: Jennifer Sovern (Score Keeper ASA B National
Tournament); Norm Davis (Umpire in Chief); Warren Jones (ASA Representative);
Terry Wood (Umpire National Tournament); Keny Reichle, Sr. (Umpire ASA National
Tournament); Kent Sanborn (Umpire ASA Tournament); John Hinz (Umpire ASA
Tournament); David Smith (Umpire ASA National Tournament); Jessica Fiorenca
(Score Keeper ASA B National Tournament); and David Cocco (Slow Pitch Softball
Umpire).
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Van Der Weide stated things are going well.
He said the Board can expect a very, very large check from the Port
Authority at the next BCC meeting.
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Commissioner
Van Der Weide stated he is getting a lot of phone calls on the good things the
County is doing in Sweetwater.
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Commissioner
Carey stated at the East Central Florida Regional Planning Council meeting
earlier this week, they talked about “How Shall We Grow” and what the next step
is. She said the Board should be very
proud that Seminole County is the very first to ask the Regional Planning Council
to come in and assist them as to how they are going to move from this vision to
transition into reality. She thanked the
citizens for their support.
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Commissioner
Carey announced that the 8th Annual Energy Star will be held on
October 3. The County is participating
in this project.
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Commissioner
Carey said she asked Ms. Coto to brief the Board at the next meeting on the
prescription drug participation.
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Commissioner
Carey reminded the Board of the Second Annual Domestic Violence Awareness, with
Nicole Brown Simpson’s sister as the speaker, which will be held on October 4,
11:30 a.m., at the Orlando-Lake Mary Marriott.
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Commissioner
Dallari said he heard the State is contemplating cutting the medical funding
for UCF. He would like a resolution to
send to
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Commissioner
Dallari reported that Aqua Utilities was denied the rate increase. Since then, they called him last week to see
if the County would be willing to discuss the purchase of the utility. He informed them that he needed to speak with
the Commission for permission to be given to the
Chairman
Henley said he thinks the Board had a thorough analysis that it was not a
possibility and the Board would not be able to handle that. He said if it’s in the same condition it was,
he would be reluctant to enter into a purchase.
Commissioner
Dallari said he thinks it is worth a conversation with the
Commissioner
Van Der Weide said the Commission’s doors are always open, but he agrees with
the Chairman that they have addressed that not very long ago. The utility was in pretty bad shape at that
time. He doesn’t see why they won’t
entertain them at least to sit down and talk.
Commissioner
Carey said it won’t hurt to have a look at it.
Ms.
Coto said the discussion was that she did not feel comfortable knowing the
Board had dealt with this issue within the last couple years. She would have a problem without the Board’s
full knowledge and authorization.
The
Board had no objections to direct
the
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Commissioner
Dallari said he had a conversation with Jeff Dean and he is looking for space
for his office. He didn’t know if there
is the ability to speak with him about leasing the old space for the State
Attorney’s Office.
Ms.
Coto said she would not put anyone in that building as it requires a lot of
work.
Commissioner
Dallari asked if Ms. Coto could speak with Mr. Dean in reference to what space
is available.
Commissioner
Carey said there is some space where the Supervisor of Elections used to be on
Mr.
McMillan stated the County has some obligation to fund that operation. Mr. Dean may be looking for the County to
provide him with space.
Chairman
Henley stated he would like to know specifically what those obligations are.
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Commissioner
Dallari announced that the Seminole County Cultural Arts Council fundraiser
will be October 13. He thanked those who
are participating. He said the Arts
Council Director was hired and the Council is looking for space for that
individual. He asked Ms. Coto if she
could help them on that.
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Commissioner
McLean gave an update regarding SeminoleWay, stating they had a meeting of this
Board with Mr. McDermott, Winter Springs,
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Commissioner
McLean stated the Board went through the budget process and looked at the idea
of addressing a revised governmental Chamber of Commerce membership. He said if the Board is going to deal with
this issue this evening, the Chamber is open until 5:00 p.m. tonight, and he
will be more than glad to take that information to them.
Ms.
Coto stated she distributed a memo (copy received and filed) to the Board this
morning regarding health insurance. She
reviewed where they are to date with this and her memo to the Board. She said she was advised this morning by Blue
Cross and Blue Shield (BCBS) that they would not accommodate Item #2 of the
memo regarding combining the base and premium plans into one. She said with the Clerk indicating she is
going to remain with United Healthcare and the Tax Collector and Property
Appraiser now indicating they are pursuing discussions with United Healthcare,
she believes they are in a situation where they should take a moment and think
about what direction they are going in.
To staff, the entire composition of the group is unknown as to who
should be covered under the program. The
clock is continuing to tick and they have to do open enrollment as soon as
possible. She gave her recommendation in
her memo to the Board which includes rescinding the award to Blue Cross and
Blue Shield; negotiating a short contract term to May 31, 2008, with United
Healthcare; and immediately beginning a new RFP.
Chairman
Henley said as a result of this, it appears the BCC employees are going to have
to pay more than they would have if they had stayed with the original
proposal. Discussion ensued.
Commissioner
Carey said she thinks the bottom line is clearly the Constitutional Officers
were not interested in making a change.
She thinks for them to pull out hurts them with the BCC employees. It is going to make their premiums higher
because they are going to be a smaller group.
She thinks Ms. Coto’s recommendation is good. She asked if anyone had talked to United
Healthcare to see if they will keep the rates where they are now through May
until the Board knows where they are.
Ms.
Coto said she has not had those discussions.
She contemplates if they stay short-term they will be looking for some
increase.
Commissioner
Carey said she would take the
Commissioner
Van Der Weide said he thinks it is obvious they have to determine whether they
can get a short-term continuance from the current company through May and, if
the rate is going up a little, they are going to have to do it at this point. When it comes to the Risk Management
Committee, they basically are people that sit in and observe other people
involved that don’t have a vote and don’t have input. He said they need to change that; at least
pull their thoughts in and poll the employees and see what they are
thinking.
Scott
Chapman, Blue Cross and Blue Shield, addressed the Board to state he gave a
memo to Mr. Raymond regarding their latest offer to the County. This was sent to him this morning, and he
would like to present that offer to the Board for their consideration.
Mr.
McMillan stated he doesn’t know that the Board should be negotiating. There is either an award or not. He said he was uncomfortable with negotiating
based on new groups.
Mr.
Chapman stated he would like to show the County they have been moving forward
on this. He said in light of the fact
the Clerk and Sheriff have made this decision, they are going to hold the rates
for the plan of benefits they have put on the table. He said they can live with the Sheriff’s
decision, and have been informed that the Clerk wants to negotiate her own
terms. He questioned how they can do
that and not follow the sunshine laws.
He stated Blue Cross and Blue Shield has said they will not change the
rates from the original County proposal and will also extend the retention
guarantee. They cannot extend the trend
guarantee due to the recent developments.
Commissioner
McLean said it’s commendable what Mr. Chapman is trying to do. They are also talking about the Tax Collector
and Property Appraiser. He’s thinking
they need to delay action until they know the extent of the coverage they
have. They are still dealing with some
guess work because they don’t know what the Tax Collector and Property
Appraiser are going to do. They don’t
know what their relative history is compared to the County’s census. The Board needs to know definitely what the
Constitutional Officers are doing.
Chairman
Henley said one of the things that concerns him about rescinding the contract
is they don’t know what they are going into.
They need to get definite answers from the Tax Collector and Property
Appraiser. Blue Cross and Blue Shield
already said they are willing to stand by their offer to the County only. He hates to throw it out when the company
looks at them based on their integrity.
Commissioner McLean concurred that the Board needs to deal with BCBS
with integrity.
Commissioner
Carey asked what happens when the Tax Collector and Property Appraiser decides
to leave.
Mr.
Chapman said they can look at that as well.
They have the census and think they can get the experience and can
evaluate that for the Constitutional Officers and tell exactly what those rates
would be.
Commissioner
McLean said they don’t know the extent of the census until they know who’s in
and who’s out.
Commissioner
Carey said the message from the Constitutional Officers has been clear. As to the recommendation and going back out
to bid, BCBS is going to come back as well.
Mr. Chapman said he can’t say that is what they will do.
Commissioner
Van Der Weide said rather than repeating their position over and over, he
thinks under the circumstances, he would like to go with the recommendation by
the County Manager and to know from the County Attorney if this is according to
law, and they can determine whether they want to move the motion.
Mr.
McMillan stated under normal circumstances an award has a contract, but this
contract had only two options--with or without the Sheriff. Subsequently, things occurred that made that
award not a contract.
Mr.
clarified for Mr. Chapman that as far as the Constitutional Officers, the
Sheriff and Clerk are the governing entities over their offices and they make
decisions all day. There is no sunshine
issue on how the Sheriff goes about doing his procurement. He said they don’t follow the County’s
procurement process. They are individual
entities and make their own decisions.
The Board’s decisions are made in the BCC meetings.
Mr.
McMillan said he thinks the award that was made is not capable now of being
turned into a contract. The Board could
rescind the award or they could negotiate a month-to-month extension with
United Healthcare.
Ms.
Coto stated her recommendation has not changed because the Board does not have
another Board meeting until October 9.
Her concern is they are well into open enrollment and don’t know who to
enroll or not. They are losing valuable
time. She does not know when the
Property Appraiser and Tax Collector will make a decision. She reviewed the figures that the Property
Appraiser and Tax Collector budgeted for their insurance. She said she is just trying to get the Board
to a level playing field again and move forward. She also reviewed the number of employees for
the Constitutional Officers.
Chairman
Henley stated that’s the reason he thinks they have a right to wait to see what
the numbers would be.
Commissioner
Van Der Weide said he is looking to hear from the members of the Executive
Committee.
During
further discussion, Commissioner Carey said she doesn’t think it would help if
the County and its employees break up into a small group. She stated she would like the Constitutional
Officers to have an active role on the Risk Management Committee.
Mr.
Chapman advised Ms. Coto that they will hold the retention if the Clerk
leaves. They are saying they are willing
to hold the two-year guarantee and willing to hold the rate as quoted without
the Clerk. If the Property Appraiser and
Tax Collector fall out, they are at a whole new ball game. They are willing to evaluate that and give
the Board some options, and that could be a positive.
Commissioner
Carey stated she is really uncomfortable and feels they are negotiating this
deal differently. She thinks the
discussion needs to be the BCC and maybe the Constitutional Officers need to be
present.
Chairman
Henley said he is uncomfortable with the thought of reneging on a contract that
had various conditions to begin with.
The contract Mr. Chapman submitted indicated if the Board changed conditions,
they will have to adjust. Whereupon,
Commissioner Carey said the Board is not the one changing, but the
Constitutional Officers.
Commissioner
Mclean stated in their discussions, they understood they had an option with the
Sheriff. He never considered the idea
that pieces of the pie would consider moving.
No one came to him about that. He
was very surprised at some of the decisions that have been made.
Sheriff
Eslinger addressed the Board to express thanks to Mr. McMillan for clarifying
the statement concerning his ability to negotiate. He said he also wants to clarify that the
Constitutional Officers do not have representation on the Risk Management
Committee; they do have representation on the Evaluation Committee. On two separate occasions, that committee
unanimously wanted to stay with United Healthcare. He showed information (received and filed) to
the Board on the initial difference of the costs of the plans and the final
difference and said he has every right to negotiate with United Healthcare and
anybody else he wants to. His office was
able to get the rates down with a net savings of $994,756 to the County. This was a savings of $137,000 to the
employees.
Commissioner
Carey noted that it was the recommendation from the County’s employees to stay
with United Healthcare. She reiterated
she thinks it is important that the Constitutional Officers be a part of the
Risk Management Committee discussions.
Commissioner
McLean said what is disappointing to him is that in their discussions in the
Risk Management Committee, the service plan discussed was 5.7% with United
Healthcare. The Sheriff did better. He said, perhaps, the Board didn’t have their
best deal when they were making their decisions on September 11.
Chairman
Henley said at the same time, it is very difficult in the financial situation
they find themselves in to ignore that $1.2 million savings and projections for
the rest of the years.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to approve the
Under
discussion, Commissioner Carey said she thinks the
Commissioner
Van Der Weide said he is recommending the
Chairman
Henley stated he will be voting against the motion. He doesn’t think it is upholding the
integrity of the Board. He still thinks
they have certain obligations from a legal standpoint.
Commissioner
Dallari asked if this does pass, do the remaining Constitutional Officers want
to go back out to bid with the County or separately.
Ms.
Coto stated her discussions with the Constitutional Officers led her to believe
they would like a package similar to how the Sheriff’s Office was bid. They would like to remain with the group but
also have the option to see what the numbers would be if they were separate.
Mr.
McMillan said he thinks the Board needs a commitment from the Constitutional
Officers before they bid out. If they
are bidding different options, they don’t know how many options. The best thing to do is get the commitment
whether they’re going out together or not.
Commissioner
Carey stated she thinks if the Constitutional Officers had the option to
participate in the Risk Management Committee’s discussions, that would have
cleared up a lot of that.
Districts
3 and 5 voted AYE.
Commissioners
Henley, Dallari and McLean voted NAY; whereupon, the motion failed for the lack of a majority vote.
Commissioner
McLean stated he believes they need to delay this action until they have a definitive
decision from the Constitutional Officers.
Then they’ll know definitely what the census is that Mr. Chapman can
deal with. He thinks they owe it to him
to do that.
Motion by Commissioner McLean, seconded
by Commissioner Dallari, to delay this decision until the Board knows
absolutely what all the Constitutional Officers are going to do and, given than
definite information, what response they can have from Blue Cross Blue Shield.
Commissioner
Dallari said he would like to have a date certain or give the ability to the
Chairman to call a special meeting of the Board.
Chairman
Henley asked Mr. Chapman how soon he could get a response back if the
Constitutional Officers pull out.
Mr.
Chapman stated once they get the definite decision, they will turn this around
as quickly as possible.
Commissioner
Dallari stated it is important that they include the Constitutional Officers so
this does not happen again.
Commissioner
Carey stated she doesn’t think they can force the Constitutional Officers to
make a decision until they do their investigation. She has concerns that now they are setting up
negotiations outside what the RFP said they were going to do. Blue Cross Blue Shield will say if the County
uses us, what we’ll do or not do. She
thinks that is on shaky ground.
Mr.
McMillan said it is possible if BCBS were to come back and assess what it is if
the other constitutional Officers leave and they can hold their proposal as it
was; but not if they start getting into evaluating a new rate structure and
guarantees that were not in the original proposal.
Commissioner
Carey asked if it would be reasonable to request the
Mr.
McMillan said he would not encourage discussions with United Healthcare with
the current contract on the floor. Just
ask BCBS if they can hold the rates if the other two Constitutional Officers
withdraw.
Commissioner
Carey said she would like to have this resolved by the end of the week so staff
knows what to do and can get involved in the enrollment and try to get back on
track.
Mr.
Chapman said he thinks they can stay on track with the enrollment. The County does need to find out if the
Constitutionals are on the team or not.
He could get his senior management to go back and evaluate this without
the Property Appraiser and Tax Collector and give the Board the impact of that.
Commissioner
McLean said he wants to see if the provisions of the original RFP can be held,
regardless of any combination.
Chairman
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Ms.
Coto advised the Board that staff needs direction regarding two administrative
rezonings.
Dori
DeBord, Planning Director, addressed the Board to advise staff would like to
administratively rezone property on Alafaya Trail from residential to a C-1
zoning district to make it consistent with the zoning district around it. She showed the Alafaya Trail Site, Zoning
Map, Future Land Use Map and Aerial Map (all received and filed).
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to authorize staff to move forward with the
administrative rezoning of property on Alafaya Trail to the C-1 zoning
district, per staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
DeBord presented request to administratively rezone property on
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to authorize staff to move forward with the
administrative rezoning of property on
Districts
1, 2, 3, 4 and 5 voted AYE.
INPUT
FOR FUTURE AGENDA - CITIZENS, Continued
Sergio
Gabil,
Chairman
Henley clarified that Mr. Gabil is asking for a resolution declaring Hispanic
Month. He asked Mr. Gabil to leave
information with Ms Coto so she can put that on the next BCC meeting
agenda. Whereupon, Mr. Gabil said as the
Hispanic Heritage Month is going on now, he would like a letter from the Board.
Chairman
Henley said with the consent of the Board, they will do a resolution or letter
for Mr. Gabil. He asked Mr. Gabil to
give Ms. Coto information where he could be contacted.
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Chairman
Henley recessed the meeting at 5:38 p.m., reconvening at 7:05 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk
Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at
the Opening Session.
2007/2008
BUDGET HEARING
Proof
of publication, as shown on page ________, calling for a public hearing to
consider adoption of the millage rates, Millage Levy Resolution and Budget
Resolution for Fiscal Year 2007/2008, received and filed.
Chairman
Henley stated this is the second public hearing and the purpose of this meeting
is to hear from the public regarding the budget. He reminded everyone that the BCC does not
have control over the tax levies and budgets of the School Board, Water
Management District, or any of the seven cities in
Lisa
Spriggs, Fiscal Services Director, addressed the Board to state as part of the
second public hearing, a document was prepared summarizing the tentative budget
that the Board adopted on September 12, 2007.
That budget was set at $734,782,361 including a General Fund budget
totaling $252,578,692. She stated the
adjustment columns totals $329,176,919 and that is detailed on Pages 10 through
16. Carry forward items represent Fiscal
Year 2006 and 2007 budget appropriations in which the items or project will not
be received or completed by September 30, 2007.
The detailed carry forward items are summarized on Page 19 and carry
forward appropriations for capital equipment and other operating items
necessary for service delivery that will not be received or completed by
September 30, 2007 totals $1,865,231.
The carry forward appropriations for grant funding total $19,025,883. The carry forward appropriations of available
balance for specific capital outlay projects funding through specific sources
that will not be completed by September 30, 2007 totals $307,826,313, and those
are detailed on Page 22 through 28. The
appropriations adjustment for all carry forward items total $328,717,427 with a
corresponding adjustment to grant revenue or beginning fund balance for the
applicable funds for the tentative approved budget. She said revised pages for the personal
services (received and filed) have been provided and the Board approved the
staffing changes this morning and those have been reflected in the budget. The contingency approved budget is for a
total county-wide budget of $1,063,959,280 and this is inclusive of the General
Fund budget totaling $271,721,049. Pages
31 and 32 reflect a detailed fund summary of the proposed budget plan for
ensuing FY 2007/2008. She stated Page 4
shows the summary table of millage rates and it details the current millage
levies for FY 06/07, the rolled-back rate for FY 07/08, and the statutory
maximum millage for FY 07/08. The
statutory maximum millage reflects the millage rate that was tentatively
approved by this Board and reflects the rate enacted by tax reform laws. She summarized the tax reform laws that were
enacted this year under HB 1B. The
proposed countywide budget is based on the tentatively approved rates detailed
under the statutory maximum millage rate.
The voted debt millage for voter approved natural lands and trails
program is .1451 mils and is consistent with the previous year. This rate is excluded from the statutory
provisions and is determined based on the annual debt service requirements,
which have a final maturity of 2013.
Dwight
Sayer,
Charles
Graham,
Lee
Klasehi, 215 E.
David
Medley, Community Services Director, addressed the Board to explain the process
and guidelines that they used in making cuts and providing funds to the
organizations.
At
the request of Commissioner Carey, Mr. Medley displayed a list of the
organizations and identified those agencies that are and are not being
funded. He advised new agencies
requesting funding are shown at the bottom of the list and those are not going
to be funded.
Chairman
Henley stated it is easy to make a request for funding but it is not easy when
you are trying to find the money to fund it.
He stated the State Legislature has passed down to local governments $36
million worth of unfunded mandates that are formally paid for and provided by
the State government and they have passed that down to the local taxpayers.
Don
Epps, Seminole County Historical Commission, addressed the Board to speak in
opposition of closing the libraries and museum one day a week. He asked that the staff be allowed to work
out flexible hours during the week.
Ms.
Coto stated staff has presented a concept of whether or not they should rotate
the hours of those two facilities. Those
dollars have not yet been reduced from the budget because staff is looking at
what the overall cost implications are.
They will bring a plan back to the Board after the final budget
adoption. If staff receives direction
from the Board to proceed forward then they are looking at a January 1
implementation date.
Eric
Taylor,
Kevin
Lafendesh, 126
Mr.
McMillan left the meeting at this time.
Mr.
Lafendesh stated he wants to be on the field with the athletes and not out on
the streets fundraising. He stated he
hopes the Board will reconsider some of the funding and not take all of it
away.
Upon
inquiry by Chairman Henley, Mr. Lafendesh advised their organization doesn’t receive
any compensation from the cities.
Upon inquiry by Commissioner Van Der
Weide, Mr. Lafendesh advised he doesn’t know what their total budget is. He stated they receive a lot of their funds
through private donations.
Commissioner
Van Der Weide stated the Sheriff helps fund a lot of these organizations with
drug money and he would recommend that they discuss funding with him.
Mr.
Medley advised that the City of
Chris
Rindman, 528
Mr.
McMillan reentered the meeting at this time.
Sheriff
Eslinger addressed the Board to state the drug money comes from the Law
Enforcement Trust Fund. He stated he
would love to help and he has some ideas.
He explained that this trust fund requires that it has to be a crime
prevention program or some law enforcement related activity or
application.
John
Omana, 5720 Autumn Chase Circle, addressed the Board to state the people at the
Special Olympics are miracle workers. He
stated his son, Mitch, was diagnosed with a severe form of autism and they
found out about the Special Olympics and they have done a phenomenal job with
him by building his confidence beyond anyone’s imagination.
Chairman
Henley stated he has a Written Comment Form from Tina Turner supporting the
Lighthouse budget request.
Commissioner
Carey stated the Board received correspondence from Ms. Turner as well.
Tina
Turner,
Chairman
Henley recessed the meeting at 8:03 p.m., reconvening it at 8:10 p.m.
John
Omana stated he is also here on behalf of United Cerebral Palsy (UCP) as they
have been instrumental with his son’s treatment as well. He stated his son has a number of hobbies and
they couldn’t have done this without the help of these organizations. He requested that the budget cuts be
revisited.
Marilyn
Hattaway addressed the Board to state Hospice of the Comforter doesn’t need
anything but she is representing 492 patients who need everything. She stated they look to the Board for support
services and they wouldn’t have it without them. She urged the Board to reconsider and not
take away all of the funding.
Judge
Clay Simmons, 18th Judicial Circuit, addressed the Board to speak against
cutting the four County-funded positions.
He requested the Board to fund these positions through December 31 so
that these people can transition into other positions.
Ms.
Coto explained to Commissioner Carey what types of notices are given to employees
when positions are cut.
Commissioner
McLean stated since this is an unusual circumstance, he would like to request
that these employees receive a 60-day severance.
Upon
inquiry by Commissioner Dallari, Judge Simmons advised he believes these employees
have been employed with the County between three and 15 years.
Chairman
Henley stated the citizens of
Upon
inquiry by Commissioner Carey, Ms. Coto advised those employees will have some
severance package per BCC policy. She
stated Human Resources will contact them so they can be aware of those
services.
Commissioner
Van Der Weide stated he feels those employees can be assisted in other
departments. He stated his biggest
concern is the community groups are worried about holding up their standard of
living; and he feels they may have cut their budget in the wrong areas.
John
Horvath,
Sheila
Young,
John
Casselberry,
Chairman
Henley stated he agrees that money will be saved if they could get to the point
of merging some of the services.
Commissioner
Carey stated the Board has read the three written comments that Mr. Casselberry
has submitted and will submit them into the Record.
Speaker
Request and Written Comment Forms were received and filed.
No
one spoke in support or in opposition.
Chairman
Henley recommended not making any adjustments tonight but approve the millage
and budget as is. He stated he would
instruct Ms. Coto and Mr. Medley to reconsider all of these areas that have
been cut. He said he would be willing to
consider helping those organizations that were cut even if it means reducing
some of the other organizations. He
added he would like to see what the impact will be upon the contingency. He stated he feels this can be done by the
next meeting.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize staff to take a second look at the
other community agencies that were not funded.
Under
discussion, Commissioner Carey stated some of these agencies took a tremendous
cut and she feels they need the County’s help the most. She stated she would like staff to look at
the guidelines from a standpoint of some of the funds that they have.
Commissioner
Van Der Weide stated he is willing to live with the motion on the floor because
they can readdress this issue. He stated
he has concerns that they have this many people who are depending on local
government for their services.
Chairman
Henley stated he feels it is important the public realize that this Board has
helped agencies to raise funds outside of this budget.
Districts
1, 2, 3, 4 and 5 voted AYE.
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At
the request of Chairman Henley, Ms. Spriggs announced the millage rates. She summarized the following: proposed millage rate for Countywide is
4.3578 which is a 5% reduction from rolled-back of 4.5872; Fire Rescue MSTU is
2.3299 which is a 3% reduction from the rolled-back rate of 2.4020;
Unincorporated Road MSTU is 0.1068 which is a 5% decrease from rolled-back rate
of .1124; Countywide Debt Service for Natural Land/Trails is .1451, for a total
Countywide millage of 6.9396. The
proposed aggregate millage rate is 5.8404 which represent a 5.48% decrease from
the aggregate rolled-back millage rate of 6.1791.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt Budget Resolution for Fiscal Year
2007/2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Carey, seconded
by Commissioner Dallari to adopt Millage Levy Resolution for FY 2007/2008 as
identified by staff.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded
by Commissioner Dallari to authorize filing the proofs of publication for this
meeting's scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley adjourned the meeting at 8:50 p.m., reconvening it 8:51 p.m.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to rescind
motions adopting Budget Resolution and Millage Levy Resolution for Fiscal
Year 2007/2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt Millage Levy Resolution #2007-R-175,
as shown on page _________, for Fiscal Year 2007/2008, as described in the
proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to adopt Budget Resolution #2007-R-176, as
shown on page ________, for Fiscal Year 2007/2008.
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 8:55 p.m., this same date.
ATTEST______________________Clerk_____________________Chairman
slm/cc/er