BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

JANUARY 8, 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, January 8, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Mike McLean (District 2)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Associate Pastor, Charles Higgins, Westview Baptist Church, Sanford, gave the Invocation. 

     Commissioner Henley led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-1, as shown on page _______, congratulating the Lake Brantley Patriots for winning the Pop Warner Super Bowl. 

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

     The Resolution was presented to the players and their coaches. 

     John Wagner, Head Coach, addressed the Board to express his appreciation for the time the Board has taken to recognize these kids.  He presented Commissioner Van Der Weide with a championship t-shirt and the Board with a football. 


 

     A CD of the video of the championship game was received & filed. 

COUNTY MANAGER’S CONSENT AGENDA

     Ms. Coto introduced Joseph A. Forte to the Board and asked for confirmation of him as Deputy County Manager. 

     Motion by Commissioner Dallari, seconded by Commissioner Henley to confirm appointment of Joseph A. Forte as Deputy County Manager, effective February 18, 2008. 

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

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     Ms. Coto presented the consent agenda, advising under the subject line of Item #14, it should read 2001 Infrastructure Sales Tax Fund and not 1991. 

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

Administrative Services

Purchasing and Contracts

 3.  Award CC-2648-07/VFT Contract, as shown on page _______, Landfill Household Hazardous Waste Pavilion to Shoemaker Construction Company, Inc., Sanford, FL in the amount of $117,900 for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct a metal pavilion of approximately 1,500 square feet at the Seminole County Landfill located at 1930 E. Osceola Rd., Geneva, FL.

 4.  Approve Mutual Termination of Architectural and Engineering Services Agreement, as shown on page________, for PS-1386-06/DRR Museum of Seminole County History Expansion with Burke, Hogue & Mills Associates, Inc.

 5.  Approve Amendment #1, as shown on page _______, to the Agreement for the rate increase and approve an increase to the estimated annual expenditure for PS-5174-04/AJR – Master Agreement for Hydrogeologic and Well Construction/Repair Services by an additional $300,000 per year resulting in a new annual estimate of $800,000, Connect Consulting, Inc.

 6.  Approve the ranking list and authorize rate negotiations for PS-2564-07/JVP – Continuing Contract for Miscellaneous Capacity and Safety Improvements with Kittelson & Associates, Inc. of Orlando, FL  (Not To Exceed $500,000.00 over the term of five years).

 7.  Approve the negotiated rates and award PS-2685-07/DRS Agreement, as shown on page _______, Architectural and Engineering Services for the Seminole County Fallen Heroes Memorial with Herbert-Halback, Inc. (HHI), of Orlando, (Estimated Usage Not To Exceed $200,000.00 for the three-year term of the Agreement).

 8.  Approval to waive the Procurement Process and Award M-600317-08/BJC - Miscellaneous Master Agreement, as shown on page _______, for the SeminoleWay Corridor Analysis with Real Estate Research Consultants (RERC). 

 

Community Service

Administration-Community Service

 9.  Approve and authorize the Chairman to execute the Annual Choose Life Specialty License Plate Affidavit, as shown on page _______, to the Department of Highway Safety and Motor Vehicles.

CDBG

10.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-2, as shown on page _______, approving termination of the Seminole County/City of Casselberry HUD/CDBG Subrecipient Agreement Program Year 2006-2007 and approving an amendment to the 2005-2009 Five-Year Consolidated Plan for the 2006-2007 One-Year Action Plan reallocating the $150,000 in CDBG funding to the Jamestown Sanitary Sewer Improvements activity.

 

Economic Development

Tourism

11.  Approve and authorize Chairman to execute an Agreement, as shown on page _______, with Crappie USA, Inc., for the 2008 Crappie USA Super and Regional events in the amount of $22,000. 

 

Environmental Services

Solid Waste Management

12.  Approve renewal of Non-Exclusive Franchise Agreement   for Commercial Solid Waste Collection Services, as amended, with DisposAll, Inc., for a period from October 1, 2007 to September 30, 2008. 

 

Fiscal Services

Administration – Fiscal Services

13.  Approve and authorize the Chairman to execute the Modification of 2006-07 State Homeland Security Hazardous Materials Grant Agreement, as shown on page _______, in acceptance of revisions to the expiration and reimbursement dates.

Budget

14.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-3, as shown on page _______, implementing Budget Amendment Request (BAR) #08-33 through the 2001 Infrastructure Sales Tax Fund in the amount of $144,000 to recognize the budgetary effects of the Joint Participation Agreement between The State of Florida Department of Transportation and Seminole County for the US 17/92 and Laura Street Mast Arm project which is being presented separately for approval at this meeting.

 

Leisure Services

Natural Lands

15.  Approve staff to proceed with the development of a Land Donation Agreement for 9.59 acres adjacent to the Spring Hammock Preserve, owned and offered by Mr. James Bryan III. 

16.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-4, as shown on page ________, establishing revisions to Section 4, Boards, Commissions, Councils and Committees of the Seminole County Administrative Code to establish a Leisure Services Advisory Committee. 

 

Planning and Development

Development Review

17.  Authorize the release of the Upsala Road Right-of-Way (ROW)-Upsala South Business Park Right-of-Way Utilization Permit Maintenance Bond #MB41031865 in the amount of $11,626.00 for the Upsala Road ROW- Upsala South Business Park road improvements.

18.  Authorize the release of the Lake Harriett Drive (ROW)-Wekiva Square Right-of-Way Utilization Permit Maintenance Bond #929361868 in the amount of $27,530.00 for the Lake Harriet Drive ROW-Wekiva Square road improvements. 

19.  Authorize the release of the McCulloch Road-Stonehedge Subdivision Maintenance and Escrow Agreement and Cash Maintenance Bond in the amount of $1,607.00 for the McCulloch Road-Stonehedge Subdivision road improvements.

20.  Authorize the release of Irrevocable Letter of Credit #2007-116 for the Bella Vista Subdivision located east of Sandy Lane on the south side of Sand Lake Rd. in Section 8, Township 21 South, Range 29 East (Forest Creek, Inc.) 

21.  Approve and authorize the Chairman to execute the final plat for Clayton Crossing Townhomes First Amendment, containing 157 townhome lots on a 14.03 acre parcel zoned PUD (Planned Unit Development), located on the north side of SR 426 (Aloma Avenue) and west side of SR 417, within Greenway Pointe PUD; in Section 31, Township 21 S, Range 31 E (Morrison Homes, Inc.). 

 

Public Works

Roads-Stormwater

22.  Adopt appropriate Resolution #2008-R-9, as shown on page _______, amending the Seminole County Administrative Code to include Chapter 4.22 – Mosquito Control Advisory Committee.    

 

Traffic Engineering

23.  Authorize the Chairman to approve the Joint Participation Agreement (JPA), as shown on page _______, between The Florida Department of Transportation (FDOT) and Seminole County for the installation of a traffic signal at US 17/92 and Laura Street.

24.  Authorize Chairman to execute the CSX Railroad Reimbursement Agreement, as shown on page _______, Synchronization of Grade Crossing SR 434 west of CR 427; and adopt appropriate Resolution #2008-R-5, as shown on page _______, for SR 434 west of CR 427 (8 originals).

 

     Under discussion, Commissioner McLean requested Planning & Development Director, Dori Debord, to keep SeminoleWay informed of what is going on with regard to Item #8, SeminoleWay Corridor Analysis. 

     Commissioner McLean expressed his appreciation to staff for putting together the JPA for the traffic signal at U.S. 17-92 and Laura Street (Item #23), stating this is critical for the residents of Lake Kathryn Estates. 

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

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-6, as shown on page _______, authorizing the Tax Collector to conduct County business at any and all of his branch offices. 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

26.  Approval of Expenditure Lists, as shown on page _______, dated November 19 & 26 and December 3, 10 & 17, 2007; and Payroll Approval Lists, as shown on page _______, dated November 29 & December 13, 2007; and BCC Official Minutes dated November 13 & December 11, 2007.

Sheriff’s Office

27.  Adoption of appropriate Budget Amendment Resolution #2008-R-7, as shown on page _______, Request #08-34 through the General Fund in the amount of $196,448 to carry forward prior year unexpended grant funds to the Sheriff’s Office FY 2007/08 budget. 

28.  Adoption of appropriate Budget Amendment Resolution #2008-R-8, as shown on page _______, Request #08-31, recognizing $96,384 in additional FY 2007/08 SCAAP revenues and correspondingly increasing the Sheriff's FY 2007/08 operating budget by an equivalent amount. 

Supervisor of Elections

29.  Approve and authorize the Chairman to execute the Certificate, as shown on page _______, regarding matching funds contained within the Memorandum of Agreement between the Florida Department of State and the Seminole County Supervisor of Elections; and adopt appropriate Budget Amendment Resolution #2008-R-39, as shown on page _______, BAR #08-24 in the amount of $46,894 for grant proceeds. 

 

     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.  Amendment #2, as shown on page _______, to Work Order #2 for PS-0381-06.

 

 2.  Basic Contract #M-2852-07, as shown on page _______, PremUS of Orlando, Inc.

 

 3.  Work Order #79, as shown on page _______, to PS-5165-04.

 

 4.  Letter to Chairman Henley from Charles H. Bronson, Commissioner of Agriculture, enclosing 2006/2007 Annual Report for the Florida Division of Forestry.

 

 5.  Amendment #1, as shown on page _______, to Work Order #7 for PS-1074-06.

 

 6.  Basic Contract #M-2636-07, as shown on page _______, Camp, Dresser & McKee, Inc.

 

 7.  Maintenance Bond, as shown on page _______, in the amount of $279,307.65 for Bella Vista at Forest Lake.

 

 8.  Title Insurance, Temporary Construction Easement and General Warranty Deed, as shown on page _______, for James A. and Linda A. Bulmer, CR 15 (Monroe Road), Parcels Nos. 139/739.

 

 9.  Memorandum to Sandy McCann from Wendy Garrett, Benefits Coordinator, transmitting Master Contracts, as shown on page _______, for health insurance through Blue Cross and Blue Shield; Employer Application for Flexible Spending Accounts and Enrollment Summary for COBRA compliance.

 

10.  Title Insurance, Corporate Warranty Deed, Temporary Construction Easement, and Partial Release of Mortgage, as shown on page _______, for Von Campanies, LLC, CR 15 (Monroe Road), Parcel Nos. 118/718.

 

11.  Amendment #1, as shown on page ______, to Work Order #11 to PS-1529-06.

 

12.  Work Orders #48, #49, and #50, as shown on page _______, to CC-1267-05.

 

13.  Work Order #12, as shown on page ________, to PS-5124-02.

 

14.  Certificate of Completion, as shown on page _______, for CC-1907-07.

 

15.  Work Order #13, as shown on page _______, to PS-5124-02.

 

16.  Work Order #78, as shown on page _______, to PS-5165-04.

 

17.  Memorandum to Ann Colby from David G. Shields, Assistant County Attorney, regarding Basic Services Agreement Request, Seminole County v. Sobik’s of Airport Blvd., Inc., et al.

 

18.  Work Order #11, as shown on page _______, to PS-1074-06.

 

19.  Work Order #15, as shown on page _______, to RFP-0225-05.

 

20.  First Amendment, as shown on page _______, to IFB-3120-05, Thompson Pump and Manufacturing.

 

21.  Third Amendment, as shown on page _______, to IFB-600172-07, Absolute Sparkle.

 

22.  Fourth Amendment, as shown on page _______, to RFP-600094-06, Nanak’s Landscaping Grounds Maintenance, Inc.

 

23.  Work Order #5, as shown on page _______, to PS-5185-05.

 

24.  Term Contract IFB-600279-07, as shown on page _______, Rocky Brands Retail, LLC.

 

25.  Second Amendment, as shown on page _______, to Work Order #14 for PS-5165-04.

 

26.  Work Order #11, as shown on page _______, to PS-1501-06.

 

27.  Certificate of Completion, as shown on page _______, for CC-1996-07.

 

28.  Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $10,508.25 for the CA Stone PCD.

 

29.  Performance and Payment Agreement and Letter of Credit, as shown on page _______, in the amount of $67,000 for the Maple Leaf Commerce Center.

 

30.  Eighth Amendment, as shown on page _______, to RFP-4242-05, Asphalt Recycling, Inc.

 

31.  Amendment #2, as shown on page _______, to Work Order #16 for PS-0381-06.

 

32.  Work Orders #16 and #17, as shown on page _______, to RFP-0225-05.

 

33.  Work Order #63, as shown on page _______, to PS-5150-03.

 

34.  Memorandum to Liz Parkhurst, Planning & Development, from Sandy McCann, Commission Records, regarding P&D Documents.

 

35.  Amendment #1, as shown on page _______, to Work Order #4 and Amendment #1 to Work Order #6 for PS-1529-06.

 

36.  Amendment #1, as shown on page _______, to Work Order #10 for RFP-0013-05.

 

37.  Letter to Maryanne Morse, Clerk, from Sarah Mirus, Longwood City Clerk, regarding Annexation Ordinance adopted by the City.

 

38.  Work Order #12, as shown on page _______, to PS-1501-05.

 

39.  Work Order #65, as shown on page _______, to PS-5150-03.

 

40.  Work Order #5, as shown on page _______, to PS-5147-03.

 

41.  Work Order #23, as shown on page _______, to PS-0381-06.

 

42.  Work Order #6, as shown on page _______, to CC-1284-06.

 

43.  Satisfactions of Connection Fees, as shown on page _______, for the following projects:  Sam’s Club Gas Station; Westwood Village; Arthur Properties Office; Dunwoody Plaza and Central Florida Educators Federal Credit Union.

 

44.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Jack and Mary Wilder.

 

45.  Letter of acceptance and Bill of Sale, as shown on page _______, for Potable and Reclaim Water and Sewer Systems within the project known as Provenance.

 

46.  Letter of acceptance and Bill of Sale, as shown on page _______, for the Off-site Water System within the project known as Gassey Jacks.

 

47.  Conditional Utility Agreement, as shown on page _______, for Water Service with Mike Hattaway.

 

48.  Letter of acceptance and Bill of Sale, as shown on page _______, for Water and Sewer Systems within the project known as Aloma Jancy Animal Hospital.

 

49.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Fifth Third Bank.

 

50.  Development Order, as shown on page _______, for James Hood.

 

51.  Satisfaction of Code Enforcement Lien, as shown on page _______, Case #06-85-CEB, Toshia Blake, as approved by the Board on August 14, 2007.

 

52.  County Deed, as shown on page _______, for transfer of property from Seminole County to the City of Sanford, as approved by the Board on May 22, 2007.

 

53.  First Amendment, as shown on page _______, to Litigation Consultant Agreement with Gerson, Preston, Robinson & Company, P.A.

 

54.  Work Order #62, as shown on page _______, to PS-5150-03.

 

55.  Work Order #15, as shown on page _______, to PS-1074-06.

 

56.  Work Order #54, as shown on page _______, to PS-5120-02.

 

57.  Maintenance Bond, as shown on page _______, in the amount of $36,977.76 for The Park at Hanover Place.

 

58.  Work Order #18, as shown on page _______, to PS-5175-04.

 

59.  Work Order #14, as shown on page _______, to PS-1074-06.

 

60.  Work Orders #1 and #2, as shown on page ______, to PS-0984-06.

 

61.  Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $3,089 for Ciara Creek Office Park.

 

62.  Work Order #20, as shown on page _______, to PS-1529-06.

 

63.  Work Order #6, as shown on page ____, to CC-0012-05.

 

64.  Amendment #1, as shown on page _______, to Work Order #24 and Work Order #31 to PS-5174-04.

 

65.  Work Order #5, as shown on page _______, to RFP-4232-04.

 

66.  Work Order #82, as shown on page _______, to PS-5165-04.

 

67.  Ordinance #2007-32, as shown on page _______, for CR 427CPH Rezone, approved on August 28, 2007.

 

68.  Mutual termination, as shown on page _______, of IFB-3101-05.

 

69.  Work Order #4, as shown on page _______, to PS-5106-01.

 

70.  Certified copies of Certificates of No Recall, as shown on page _______, for Sanford-Orlando Kennel Club.

 

71.  Work Order #17, as shown on page ___, to PS-1074-06.

 

72.  Amended Notice of Service Hearing from the Public Service Commission regarding Florida Power & Light Company, Docket No. 070650-EI.

 

73.  ESG Subrecipient Agreements, as shown on page ______, for Victim’s Rights Coalition, Inc. and Rescue Outreach Mission of Sanford, Inc., as approved by the Board on July 24, 2007.

 

74.  Promissory Note and Mortgage, as shown on page _______, regarding Seminole County v. Hudson, et al. per Board approval on July 24, 2007.

 

75.  State Legislative and Governmental Lobbying Services Agreement, as shown on page _______, approved by the Board on Nov. 13, 2007.

 

76.  Fifth Amendment, as shown on page ______, to IFB-3078-03, Anixter.

 

77.  Work Order #7, as shown on page ____, to CC-0012-05.

 

78.  Change Order #9, as shown on page _______, to CC-1636-06.

 

79.  Change Orders #8 and #9, as shown on page _______, to CC-1449-06.

 

80.  Memorandum to Sandy McCann, Commission Records, from Lola Pfeil, Legal Services Manager, regarding copies of executed agreements.

 

81.  Certificate of Completion, as shown on page _______, for Work Order #7 to CC-1075-06.

 

82.  Change Order #6, as shown on page ______, to CC-0256A-06.

 

83.  Prosecution Alternatives for Youth Program Counseling Agreements, as shown on page _______, with Families In Recovery of Central Florida, Inc.; Quest Counseling Centre, Inc.; Central Florida Psychological Services, Inc.; Human Service & Resources & Associates, Inc.; Eddie Del Valle; Another Chance Counseling Center, Inc.; and A No Abuse Program, Inc.

 

84.  Amendment #1, as shown on page _______, to Work Order #29 for RFP-4214-04.

 

85.  Work Order #21, as shown on page _______, to PS-1529-06.

 

86.  Second Amendment, as shown on page _______, to IFB-3093-04 Contract with Maudlin International Trucks, Inc.

 

87.  Memorandum to Sandy McCann, Commission Records, from Liz Parkhurst, Planning & Development, regarding P&D outstanding documents.

 

88.  Work Orders #3 and #4, as shown on page _______, to PS-0984-06.

 

89.  Work Order #6, as shown on page _______, to CC-1075-06.

 

90.  Work Order #13, as shown on page _______, to PS-1074-06.

 

91.  Change Order #1, as shown on page _______, to CC-2009-07.

 

92.  Change Order #4, as shown on page _______, to CC-0926-06.

 

93.  Work Order #1, as shown on page _______, to PS-2084-07.

 

94.  Basic Contract M-2943-07, as shown on page _______, The Triece Company.

 

95.  Change Order #1, as shown on page _______, to Work Order #15 for CC-1075-06.

 

96.  Work Order #5, as shown on page _______, to CC-1075-06.

 

97.  Bids as follows:  RFP-600174-07; PS-2685-07; IFB-600282-07; and CC-2521-07.

 

REGULAR AGENDA

     Support Services Manager, Meloney Lung, addressed the Board to request direction with regard to acquisition of Parcels #31-21-31-515-0000-0020 and #31-21-31-515-0000-0030 owned by Aloma Square, LLC, for future Fire Station #29.  She stated the negotiated purchase price is $1,840,000. 

     Commissioner Dallari commented that the appraisal information was not included in the agenda packet; and he is concerned about paying almost $1 million per acre for prime real estate for a fire station. 

     Commissioner Van Der Weide stated he has the same concerns as Commissioner Dallari. 

     Ms. Lung stated there is not a lot of available property in this area. 

     Commissioner Henley said he also expressed concern about the cost of this property, especially with what is happening in real estate now and with the January 29th Amendment vote coming up. 

     Chairman Carey stated that purchasing property right on Aloma (426) will cost a premium; and questioned whether the fire station could be located in the area, but not on 426. 

     Commissioner Van Der Weide expressed his concern with the fire station that is under construction on SR 436 in Forest City, stating the comments he has received is that the County is building a “Taj Mahal”.

     Chairman Carey stated she had the same concerns and the County Manager has informed her that those plans did not come back to the Board for approval.  However, in the future, the Board will be seeing them.  She suggested continuing this item so that the Board can review the appraisal information. 

     Commissioner Dallari suggested staff look to see if the fire station needs to be on a major corridor and if there are other parcels available in the area.   

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to continue until January 22, 2008, consideration of the Purchase Agreement for Parcels #31-21-31-515-0000-0020 and #31-21-31-515-0000—0030, owned by Aloma Square, LLC, for future Fire Station #29, in order for staff to explore other possible properties and provide the appraisal information to the Board. 

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

COUNTY MANAGER’S REPORT

     County Manager, Cindy Coto, gave the Board an update on the Property Tax Reform educational initiative, advising staff will be sending out mailers to each registered voter household along with information in the County’s utility customers’ bills.  She said posters will be put in all County buildings and information will be put on the County’s web site.  She further said that the cities will also be doing a stuffer in their utility bills and the School Board and the County will be doing a payroll stuffer to employees. 

     At the request of Commissioner McLean, Ms. Coto stated she will provide Commissioners copies of the information so that they can distribute it to the different organizational meetings they attend. 

     Chairman Carey requested the Commissioners also be provided with an electronic version of the information. 

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     Ms. Coto advised the court ruling that the Regional Conflict Counsel is unconstitutional has been appealed.  Therefore, Mr. Deen (Governor’s appointee) is still working until the matter is resolved.  She further advised that she has informed Mr. Deen that the County will not proceed with space accommodations until a ruling is done on the appeal.  She added that Mr. Deen understands the County’s position. 

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     Ms. Coto discussed the outparcel abutting Jetta Point Park, advising the first appraisal of the property came in at $415,000; however, the property owner wanted $460,000.  She reviewed that the Board directed another appraisal be done and the park was basically designed so that ingress and egress could be done without the parcel.  She said the second appraisal has come in at $275,000 and now the property owner has said he would agree to sell for $360,000.  She requested Board direction with regard to the property. 

     Chairman Carey stated she would not be willing to pay more than 10% above the $275,000 appraisal.  She added that, if the Board is in agreement, she would want the County’s offer to be put in writing. 

     Commissioner Henley stated the property would be a nice addition to the park, but it is not essential because the park has been designed without it.  Commissioner McLean agreed, stating 10% over appraisal would be $302,500. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to direct the County Manager to move forward with a written offer of $302,500 for the purchase of the outparcel abutting Jetta Point Park. 

     Under discussion and upon inquiry by Commissioner Henley, Ms. Coto advised there are dollars allocated in the land acquisition budget. 

     A brief discussion ensued with regard to a time limit for the offer.  Whereupon, Commissioners McLean and Van Der Weide agreed to include in the motion a 30-day time period for acceptance of the offer. 

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

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     The Chairman recessed the meeting at 10:10 a.m., reconvening at 1:30 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.

PROOFS OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to authorize filing 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

EDEN POINT REZONE FROM A-1 TO PUD/

RALPH SPANO/SPANO & ASSOCIATES

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) approximately 26.78 acres located on the west side of Dodd Road and north of Howell Branch Road, Ralph Spano/Spano & Associates, received and filed.

     Austin Watkins, Senior Planner, addressed the Board to present the request, advising of a correction to the staff report on page 4 under Buffers and Sidewalks to read, “there is an existing five-foot sidewalk along Dodd Road, and the applicant will be required to install five-foot wide sidewalks internal to the subdivision.”  He stated the Planning & Zoning (P&Z) Commission voted 4 to 0 to recommend the request; and staff is recommending Board approval of the Ordinance to rezone and approval of the Preliminary Master Plan and Development Order.   Chairman Carey stated she was told by staff yesterday that the four-foot sidewalks along the internal subdivision was allowable in a PUD and that would stand as stated in the staff report.

     Tina Williamson, Planner, addressed the Board to state it is correct that under the code, this is an internal residential street and the sidewalks can be four feet. 

     Whereupon, Chairman Carey clarified that staff is correcting the record then to say there is an existing five foot wide sidewalk along Dodd Road and the internal sidewalk will be four feet wide.

     Upon inquiry by Commissioner Henley, Mr. Watkins and Ms. Williamson showed on the map where the usable open space is located.

     Commissioner Henley also discussed with staff where access will be for the lake.

     Commissioner Dallari asked if the northern part of the boundary north of the lake is included in the open space.  Ms. Williamson said the applicant is not proposing to develop that at this time.  She explained it is open space but is not counted as common usable because there is no access to it.  Commissioner Dallari stated he wants to make sure, in the future, that area is not part of the development calculation. 

     Commissioner Henley said he noticed the School Board’s comment that they could not absorb the number of elementary school students.

     Chairman Carey stated she thinks starting this year, they will have school concurrency and they will look at cluster of schools versus non-clusters and if a development can’t meet school concurrency, the applicant would not be able to move a project forward.

     County Attorney Robert McMillan stated he thinks school concurrency is in effect now as of January 1, 2008.

     Dori DeBord, Planning & Development Director, addressed the Board to state as of January 1, staff looks at final plats to begin the implementation of school concurrency.  She said this project could continue to move forward until the time it comes in for its final plat.  At that time, the developer could have worked with the School Board to mitigate any impacts they may have before the final plat or go through the test of concurrency at final plat.  She said the staff will not be looking at school concurrency during preliminary master plans or final master plans, but at the time of the final development order stage.

     Commissioner Henley asked that the information be made available to the Board as to whether or not a project meets school concurrency or not.  He confirmed with Chairman Carey that the School Board is the enforcement on the concurrency and the County does not have anything to do with that.

     Commissioner Dallari said he thinks it would be prudent that the last step during the final plat process is for staff to see if a project passes or does not pass concurrency.

     Ms. DeBord explained that if a project doesn’t pass currency, there are other options.

     Mr. McMillan said the project has to pass school concurrency, like with roads and everything else, at a certain point in the process.  The Board has not been doing any other rezonings contingent upon passing something later, because it has to be passed; the ordinance requires it. 

     Ms. DeBord advised that the interlocal agreement with the School Board and Cities speaks to the process the applicants will go through.  She said modifications to this agreement will be coming to the Board at the next meeting and they can review the process at that time.

     Chairman Carey stated she spoke to Ms. DeBord about when surrounding a lake or water body, such as in this application, she would like to see zeroscape landscaping and restrictions of certain types of fertilizers because that’s one of the issues they have with a lot of the water bodies.  She asked the developer to take that into consideration, even though the Land Development Code is not rewritten yet, as part of their final design for the landscape plan.  She would like to see the landscape plan come back to the Board as part of the final process.  She advised Ms. DeBord that she would like to have that as part of the Development Order.

     Dianne Kramer, Miller Einhouse Rymer & Boyd, 5323 Millenia Lakes Blvd., addressed the Board and introduced Jeff Einhouse, Engineer, and Ralph Spano and David Malstrom of Spano & Associates, developer.  She pointed out the property that is part of the site is north of the lake and said they intend to make it a separate tract on the final plan and on the plat and will be designated open space.  They are not asking for any development rights for that tract.  She explained that none of that was used in any of the open space calculations to meet the requirements.  She said they have already talked to the School Board on the elementary issue.  She explained that the site lies on the border between Red Bug Elementary School and Eastbrook Elementary School.  Eastbrook is under capacity and Red Bug is over capacity.  They suggested to the School Board that it would make sense to rezone this area into the Eastbrook attendance zone.  She said the concurrency service areas are in clusters of elementary schools, so that pretty much addresses that. 

     Commissioner Henley said it would be helpful to him in the future if the School Board would give the BCC information as to the cluster status, rather than just noting they cannot absorb the number of students.

     Chairman Carey said because of concurrency, she thinks the School Board needs to change the way they are reporting this to the County Commission and look at it from the concurrency standpoint rather than just assigned schools and assigned capacity, because those rules no longer will apply.

     Ms. Kramer advised of the plans for the outparcel of this property and said that will not be a part of this PUD application.

     Upon inquiry by Commissioner Dallari, Ms. Kramer addressed the landscaping around the perimeter of the lake and interior sidewalks, stating they fully agree with what he asked about the lakefront.  They have open space along the lakefront to control what happens and will incorporate that into their final plan.  She said they will also incorporate into their final plan that the interior sidewalks will be five feet.

     Upon further inquiry by Commissioner Henley, Ms. Kramer stated the lots have their full lot size outside the flood plain. 

     John Horvath, 1004 Bradford Drive, addressed the Board to state as the County grows, the people have to live somewhere.  He said there are a couple of projects approved in the area that have not broken ground yet.  He asked if there has been any consideration of the older developments, like where he lives, as they turn over with new families moving in with children and how they will impact the schools.

     Chairman Carey said as families move into those homes and the children enroll in schools, the numbers will change and the concurrency will be an ongoing issue as far as when the School Board reviews it.

     Roger Bear, 3810 Kinsley Place, President of the Bear Gully Bay Homeowners Association, addressed the Board to state their association had a meeting on Sunday and this matter was brought to the attention of the Board.  Their main concern is the development that occurs is in conformity with what is surrounding it, including their subdivision.  He said they don’t want a commercial, townhouse-type of development.  He asked the Board to look at the lot sizes and have them be similar to what’s across the street from this site. 

     Chairman Carey stated the staff report indicates the request is compatible with the surrounding neighborhood.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2008-1, as shown on page _______, approving to rezone 26.78 acres, located on the west side of Dodd Road and north of Howell Branch Road, from A-1 (Agriculture) to PUD (Planned Unit Development), and approve the Preliminary Master Plan and Development Order, as shown on page _______; as described in the proof of publication, Ralph Spano/Spano & Associates, with staff findings and the commitments made by the applicant today regarding the five-foot sidewalk, the tract north of the lake and the landscaping around the perimeter of the lake.

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

ORANGE COMMONS REZONE FROM CN

TO C-1/LOUIS R. FABRIZIO

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance to rezone from CN (Restricted Neighborhood Commercial) to C-1 (Retail Commercial) approximately 0.41+ acres located on the southwest corner of West State Road 46 and Orange Boulevard, Louis R. Fabrizio, received and filed.

     Mr. Watkins presented the request, noting minor changes to the staff report.  He said on page 3 under Transportation/Traffic, there are capital improvements in the 5-Year CIP Plan that call for some asphalt repaving on Orange Boulevard as well as some utilities and possibly turn lanes being installed.  On page 4, he corrected that the five-foot wide sidewalk will be required along SR 46 and not the four-foot.  Mr. Watkins said the P&Z Commission voted 4 to 0 to recommend approval and staff is also recommending approval of the request to rezone.

     Chairman Carey referred to the aerial map and explained the applicant is trying to rezone this corner piece of property to bring it in as a complete commercial zoning, as the property surrounding it is already zoned C-1.

     Lou Fabrizio, applicant, addressed the Board to add they will also develop an outparcel at the corner that will accommodate 4,000 to 5,000 square feet. 

     Upon inquiry by Commissioner Henley, Ms. Williamson advised of the regulations for the aquifer recharge.

     No one spoke in support or opposition.

     District Commissioner Carey recommended approval of the requested rezone to C-1 (Retail Commercial).

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to adopt Ordinance #2008-2, as shown on page _______, approving to rezone from CN (Restricted Neighborhood Commercial) to C-1 (Retail Commercial) approximately 0.41+ acres located on the southwest corner of West State Road 46 and Orange Boulevard; as described in the proof of publication, Louis R. Fabrizio, based on the staff findings and recommendations.

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

CONSOLIDATED STREET LIGHTING DISTRICT ORDINANCE

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance repealing Ordinance #2007-1 and establishing a revised version of the Consolidated Street Lighting District Ordinance, received and filed.

     Kathy Moore, Fiscal Services/MSBU, addressed the Board to present the request.

     Mr. Horvath commented on the growth in the area.

     No one else spoke in support or in opposition.

     Speaker Request Form for Mr. Horvath was received and filed.

     Motion by Commissioner McLean, seconded by Commissioner Dallari, to adopt Ordinance #2008-3, as shown on page _______, repealing Ordinance #2007-1 and establishing a revised version of the Consolidated Street Lighting District Ordinance; as described in the proof of publication.

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

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     Chairman Carey recessed the meeting at 2:10 p.m. and reconvened it at 2:13 p.m.

LEGISLATIVE UPDATE

     Lisa Spriggs, Fiscal Services Director, addressed the Board and introduced Sabrina O’Brien, new Assistant County Manager.  She advised she will be turning over coordination of the Legislative Program to Ms. O’Brien.  Ms. Spriggs stated she distributed to the Board an update (copy received and filed) of the State funding requests through the State lobbyists, Shutts & Bowen.  Staff has received a listing of the sponsors for each of the funding requests.  She advised that staff had applied for a FRDAP grant for Jetta Point and the County scored very successfully and was ranked third.  The State staff is recommending funding of $6 million for the total program, but that will be subject to appropriation of the program. 

     Ms. Spriggs said the federal lobbyists continue to stress that regional projects seem to fare better in the federal process.  They have also indicated that transportation projects typically receive $500,000 to a $3 million earmark.  Staff has also looked into the possibility of some funding for rail stations.  She advised that Jerry McCollum, County Engineer, is in contact with Congressman Mica’s office and will meet tomorrow at the Technical Advisory Committee and will be able to find out more information that will be reported to the BCC in January.  Mr. McCollum has indicated that Seminole County will be putting in the platform and overhang roofing for rail stations, but the cities will be the primary project holder of the stations.  The staff is also looking into grant funding for this area.

     Chairman Carey said last year, it was clear that if requests the County had were not regional in nature, there wasn’t any reason for them to be on a federal list.  She asked staff to think through what would be meaningful as a region or to the whole community so they could get the federal support they need.  She thinks the County and cities as a joint effort can lobby for federal funding for building the commuter rail stations, and with Congressman Mica’s involvement in commuter rail, that would be something she thinks he would try to support.  That’s why she asked Mr. McCollum to talk about this with the Technical Advisory Committee, and to come up with a list outside of what they had been doing.  She thinks the Board needs to look deep into what they really want the federal government to try to fund and she asked for discussion on how to refine the funding list.

     Commissioner Henley said he and Mr. McCollum have met with the cities regarding development around rail station areas.  He said each of the cities were favorable in trying to work something out through a public/private partnership which could lessen their cost.  He advised on the appropriations bill signed by the President that Seminole County had two regional items which were approved.  Congresswoman Corinne Brown and Congressman Mel Martinez were successful in getting $1,372,000 for buses for Lynx.  He also reported that work has been going on with the North Orange South Seminole ITS Enhanced Circulator with DOT.  It was stymied for awhile because the State had not done the design work.  There is an extension of that project and it looks like it’s going to start moving because Senator Nelson and Senator Martinez were able to get $1,149,050 for the project.  He said that will help the County region-wise.  He agreed that he thinks the County’s efforts need to be on truly regional items. 

     Commissioner McLean said part of the issue they are dealing with now is because of the uncertain environment they are in, and they need to focus their attention and look at things with a reasonable expectation of having some success.  He said he doesn’t think the Pedestrian Overpass (Howell Branch Road & SR 426) is a project that would make sense for them to pursue right now.  Also, he doesn’t know if they should be focusing on the Jetta Point Park.  Those would be two projects to remove from the federal list and focus on others, such as the Cross Florida Greenways Trail, CAD (Computer Aided Dispatch) system, and the SR 46 - Regional Evacuation Route. 

     Commissioner Carey said, except for the evacuation route, she thinks they can take everything else off the federal list and talk about commuter rail stations and the Wekiva Parkway.  She thinks those would have much more opportunity to get some type of funding to at least get the process started.

     Commissioner Henley and Chairman Carey discussed the discussion each had with Mr. Barley regarding the SR 46 project. 

     County Engineer Jerry McCollum addressed the Board to state staff looked at this from a regional perspective to take the project to US 1, but the long-range plan shows SR 46 as a four-lane road to the Volusia County line.

     Commissioner Van Der Weide said he agrees that if they’re wasting their time doing anything other than regional efforts, then it looks like SR 46 would be the project to pursue.  He said his question is, what are they getting from the federal lobbying firm.  He also asked how much is the County paying for what they have gotten.  He said this is the kind of information the Board needs.  He is not sure they are getting their money’s worth.  He is still waiting for the day when the Board will address whether they keep this federal lobbyist or not.  He said he would like to know exactly what the County has paid so far, exactly what they have received and what they can expect to get.  They can’t just keep putting this off.

     Ms. Coto stated the federal lobbyist contract was brought to the Board in August and the Board decided to continue it with the understanding that there is a 30-day notice clause for termination.

     Commissioner Carey asked for the Board to get the information about what both the state and federal lobbyist contracts are annually and the termination language.  Maybe they can discuss that at the next meeting when they take up the legislative process and see some revised legislative agenda about what the Board wants to pursue.

     Commissioner Dallari said they do need to focus their attention on the regional aspect from the federal side, but when doing that, they need to be looking at their regional partners for what’s on their list.  He thinks there needs to be some discussion with their regional partners so they all have the same list.

     Commissioner Henley said they need to be conscious of the fact that as less money is available, whether at the state or federal level, that is the time they need a lobbyist more to stay in the fight.  According to what Congressman Mica told him, they are too busy to try to keep up with everything that’s available.  That’s where a lobbyist, if he’s doing his job, can help the Board know what’s available that the County might be able to go after. 

     Chairman Carey said she thinks it all goes back to who’s the lobbyist and how effective is he at “bringing home the bacon.” 

     Commissioner Dallari stated he would like to have staff speak to the regional partners to find out what they are asking from their federal lobbyist, if they have one, so they can all try to have the same list to focus their efforts from a tri-county perspective.

     Commissioner Henley said he thinks the place to bring this topic up and get dialogue on sharing, particularly if one county is asking for something that might have an impact on another like the trails, would be at myRegion.  They would have all the counties there.  He said maybe they should be looking for projects that transcend County lines, since that’s where the interest is going to be.  He said they have a new player now with the creation of the business partners, and the concept of myRegion.org is changing.  It appears they will also be lobbying.  He thinks it is important that they also share this dialogue with the cities.  He said that would be the forum because everyone is represented at myRegion with the mayors, counties, and business people. 

     Commissioner McLean stated, regarding Commissioner Henley’s comments about transcending development, he thinks that makes good sense from a regional standpoint.  He said to remember they are 46 million reasons for folks at the state and federal level to pay attention, and they want to show that whatever projects they are dealing with, they want to stay in the game.  That (transcending development) may be one that is viable to add to the list.  Further, he said he believes they ought to look at all aspects of lobbying, up to and including the idea of having a staff person deal with their issues in Seminole County as opposed to any lobbying firm.  If they had a staff person, he would deal only with the County issues. 

     Chairman Carey said she thinks the power of a powerful lobbyist is the fact that they can bring great support to the elected officials and she doesn’t think that the County would have the kind of budget that’s needed for a staff person who could be that effective.  She thinks using an outside lobbyist is much more cost effective than having an individual on staff, but you have to use him in the right way and right circumstances.  Having the correct priority list is the first step going into this.

     Chairman Carey asked if the Board agrees that the federal funding request list provided is not the correct list and they will clean it up to have a couple projects like the Wekiva Parkway, transit stations, and maybe SR 46 - Regional Evacuation Route (SR 415 to US 1) since they have a little momentum going on that now, and limit the list to those three projects.

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to approve for federal funding requests for Fiscal Year 2008 the following projects:  Wekiva Parkway, Transit Stations, and SR 46 - Regional Evacuation Route (SR 415 to US 1).

     Commissioner Dallari said they might want to think about the Regional Water Supply Program.

     Chairman Carey said that’s on the State list and there is a bill that passed this year that will allow the County to apply for money for that.

     Ms. Spriggs stated the Water Resource Development Act was passed into legislation and earmarks $40 million for this area and Seminole County is named.  That will go through an application and competitive process.  She said the grant consultant is looking at that. 

     Chairman Carey asked Ms. Spriggs to provide the list of names who serves on the committee that approves the list of recommendations. 

     Commissioner Dallari reiterated he thinks the Regional Water Supply Program needs to be on the Federal list.  Discussion continued.

     Commissioner Carey said she thinks they ought to lobby to make sure Seminole County gets the money.  The other projects that don’t have an allocation like that are the ones they are trying to get on the federal funding list.

     Chairman Carey asked if Commissioners Van Der Weide and McLean would agree to amend the list in the motion to include the alternate water supply as one for the County to lobby to get the grant funding already allocated.  Commissioners Van Der Weide and McLean agreed to the amendment to the motion as stated.

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

CHAIRMAN’S REPORT

     Chairman Carey stated the Board has received a request from the city of Casselberry to appoint John Metsopoulos to their CRA.

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to appoint John Metsopoulos to the Casselberry CRA.

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

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     Chairman Carey stated the BCC is to make a recommendation for a representative to the city of Sanford’s CRA and that person in the past has been Jeff Triplett.  Mr. Triplett has asked to be reappointed.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to recommend reappointment of Jeff Triplett to the city of Sanford’s CRA.

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

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     Chairman Carey referred to the color-coded information (copy) she distributed to the Board on boards and committees and reviewed same on how the committees were established.  She said according to Mr. McMillan, the boards/committee appointments that are not at the Chairman’s prerogative should be ratified by the Board.  She asked for ratification of the Board appointments listed on the front page.

     Commissioner Henley explained he had concern about a couple of the appointments.  He said he thinks Commissioner McLean did an outstanding job on the Risk Management Committee last year and he thinks he should be retained on that.  He would be happy to step aside and let Commissioner McLean serve if that’s agreeable with Chairman Carey and Commissioner McLean.  He thinks they need the expertise and he doesn’t think the County has anyone on staff who is an expert or professional in that area. 

     Commissioner Dallari added that the amount of time he spent on that board, Commissioner McLean did bring quite a bit of value to it.  His expertise was very informative at that time.  Discussion ensued.

     Chairman Carey stated that, historically, she thinks they have tried moving the committee appointments around so that the BCC members all have an opportunity to serve and learn and understand what the issues are.  That was her reason for alternating that appointment and for the Value Adjustment Board. 

     Commissioner Van Der Weide said during the time he has served on the County Commission, he has never seen the Chairman’s appointments questioned.  The Chairman makes the appointments and they’re not open in the Board meetings for discussion.

     Chairman Carey stated she has no problem if Commissioner Henley wishes for Commissioner McLean to serve, but she wants him to understand his responsibility as Vice Chairman also.  She suggested Commissioner Henley take Commissioner McLean’s place on the Value Adjustment Board.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to ratify the Chairman’s appointments to Boards/Committees, as amended.

     Commissioner Dallari noted that the Chairman also has alternates named and he asked when will the alternates be informed that the designee cannot attend a meeting.  He said he hopes to have a 30-day notice.  Whereupon, Chairman Carey said that shouldn’t be a problem.

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

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     Chairman Carey noted other appointments on her list, for information only, for the Wekiva River Basin Commission and the Smart Growth Alliance.  She advised that Ms. Coto has recommended Dennis Westrick to serve on the South Seminole North Orange County Water Transmission Authority.  Because SCIDA deals with economic development and those types of issues, it is felt that a staff person from the Economic Development Department would be better to serve on that board.

     Chairman Carey advised, and Mr. McMillan affirmed from his research that the Early Learning Coalition (School Readiness) requires one member to be appointed by the County Commission but the member is not required to be a County Commissioner.

     Chairman Carey discussed CALNO, City/County Committee and Mayors & Managers Committee, stating the intent is if the County Commission wants to continue to have dialogue with the City/County Committee, Mr. McMillan has said that the committee should be formalized in some fashion.  Chairman Carey said the Mayors & Managers Committee came out of “Envision Seminole” and is continuing, but she is not sure what their role is.  She said CALNO was established under the Council of Local Governments and has been around a long time.  Their only mission today is to provide mediation if it is required and to ratify the recommendation of the gas tax distribution among the cities and County.  She stated the County staff ends up going around to all three of these organizations making the same presentation and some City Commissioners serving on multiple boards have said what a waste of time to hear the same presentation over and over again.  In order to stop the duplicity and try to streamline things, the idea was to have one board to deal with the city and county common goals.  She asked if the County Commission wished to continue to participate in CALNO.  Discussion ensued. 

     Commissioner McLean stated his concern is that the County Commissioners can choose to remove themselves from CALNO, but he doesn’t know if that is going to necessarily remove the County’s participation.  Chairman Carey said her proposal is that they have one group with city as well as County participation and the cities would be getting information from the County; they would just not be getting it in triplicate. 

     Commissioner Van Der Weide said he has no problem going to all these organizations if that’s what the BCC wants to do.  The only question he has is the expense of all this and the staff time.  He asked if the others are sharing the staff time.  Chairman Carey said no, that it is predominantly County staff going out at night making these presentations. 

     Commissioner Dallari said he served on CALNO for a number of years from the city level.  At that time, it was up to each city to do one presentation a month.  The years he served, it did enlighten him from a lot of perspectives, and he would be remiss to not say if that board does go away, there will be a certain character of the County also disappearing because one of the things that makes Seminole County great is the interaction of all the different elected officials as well as the School Board and colleges.

     Commissioner McLean said he doesn’t think the decision the BCC makes will eliminate the duplication; only from the standpoint of a representative from this Board not being required to show up at a particular meeting.

     Chairman Carey explained that the BCC could quit participating in CALNO, but it will continue to operate as they always have.  If the will of this Board is to continue to be a member, she will look for volunteers. 

     Mr. McMillan explained the 1968 State statute that provided for the creation of CALNO. 

     Commissioner McLean stated because he thinks CALNO lends itself to more free-wheeling type of discussion, he thinks it is helpful for the County to have a representative to be a part of that discussion, assuming there is someone available to do so. 

     Commissioner Henley stated the City/County Committee has already been formalized.  It was agreed upon by the cities and this Board and it has a specific mission spelled out.  He reviewed the makeup of the committee, and the work that has been done by the committee.  He said in his opinion, with what’s happening from the standpoint of the Legislature cutting revenues and what they are facing in January, he thinks it is going to have to cause them to look closer and more diligently at how they can work together to minimize some costs to the citizens.  He thinks it would be a mistake to eliminate this committee.  Discussion ensued with the Chairman.

     Commissioner Van Der Weide asked what was the end result for Bright House.  Commissioner Henley advised the County has a contract with Bright House, and as far as he knows the contract is still in effect.

     Arnold Schneider, County Attorney’s Office, addressed the Board to state the contract is still in effect.  Under the State law, Bright House could opt out and go for a statewide franchise.  Bright House has chosen to do that where their franchises have expired and where they have adversarial situations with the local government.  However, they have chosen to abide by the County’s contract.

     Commissioner Van Der Weide said he wanted to point out that the State had interceded on behalf of the cable company and they can pretty much do what they want to do whenever they want to do it; and when it’s to their advantage, that’s exactly what they are going to do. 

     On mosquito control, Commissioner Van Der Weide asked isn’t the County footing the bill or is there sharing in the funding for it.  Commissioner Henley said the County is footing the bill.  Discussion ensued with Ms. Coto about the recommendation that came out of the Joint City/County Advisory Committee and the budget discussions last year for mosquito control.

     Commissioner Van Der Weide said those are the type of things that concern him--what it’s costing the taxpayers to operate all these committees in excess.  He thinks a lot of these things are a benefit but their partners need to help fund them.  Discussion ensued on the cost of a consultant when the committee was initially set up and the cost was split among the County and seven cities.

     Mr. McMillan stated he has said the Joint City/County Advisory Committee was never created as a formal County committee.  He read the minutes of the Chairman’s Report in May when this committee was discussed.  He said this was to be treated as an ad hoc council of community leaders to discuss city/county issues.  Cver time, this has become a de facto board because the County now provides all the staff support, and he thinks all the meetings are always at the County’s location and broadcast on SGTV.  It might behoove them, if they wish to continue with this committee, to give it some kind of formal standing and create it with a resolution and deal with it as any other board the County has.  That would clean up any issues about what it is and what its mission and role is.

     Chairman Carey asked again what is the desire of the Board.

     Commissioner Van Der Weide gave the history of the Mayors & Managers Committee.

     Chairman Carey asked if there is really a need for the BCC to be active in the Mayors & Managers Committee.  Commissioner Van Der Weide said he didn’t think that they should participate in the Mayors/Managers Committee if they are going to have the Joint City/County Advisory Committee.

     Commissioner McLean stated he would agree with the BCC continuing with CALNO and not continuing with the Mayors & Managers Committee.

     Commissioner Henley said he thinks they need to continue with the Mayors & Managers Committee because it is valuable and he has sat on the Committee for a number of years.  He doesn’t know of any money they have spent during that time, other than on refreshments. 

     Upon Chairman Carey taking a hand vote, Commissioners Dallari and Henley voted AYE to continue with the Mayors & Managers Committee.  Commissioners McLean, Van Der Weide and Carey voted NAY.

     Commissioners McLean, Dallari and Henley voted AYE to continue to participate in CALNO.  Commissioners Van Der Weide and Carey voted NAY.

     The consensus of the Board was to continue the Joint City/County Advisory Committee.  Chairman Carey said she will look to Mr. McMillan to bring some formalization of that committee and a letter will be sent to the cities letting them know the consensus of the BCC. 

     The Chairman recapped that the County will not participate in the Mayors/Managers Committee, but will continue to participate in CALNO. 

     Commissioner McLean advised Chairman Carey that he would be glad to continue to serve on CALNO, and Commissioner Dallari stated he would be the alternate.

     Mr. McMillan said if they wish to formalize the City/County Committee, he thinks the vehicle would be to create it by an interlocal agreement with the cities and deal with the issues relative to rotation of the meetings and funding.  The sunshine issue will become more apparent when they do that than it has been currently, which may be a problem for some of the entities.

     Commissioner Dallari asked if the Committee has been working with the designees, it doesn’t seem to be broken and why do they need to fix it.

     Chairman Carey stated that Commissioner Henley pointed out the membership should be the Chairman and one other appointee, but if Commissioners Henley and McLean wish to continue to serve, they need to have some flexibility in the bylaws.  She said they should find out from the cities if they want it to be the mayor and one other representative or just two representatives or however. 

     Mr. McMillan explained that this started as an ad hoc committee of community leaders which the BCC was appointing people to.  It seems to have been absorbed into the County structure because the County now has it on the WEB site, the County takes the minutes and provide the site and televise the meetings, and the argument that this is a private, outside group is moot. 

     Chairman Carey said she doesn’t want to see the County or cities do anything that could be challenged by anyone. 

     Mr. McMillan stated he’s going to try to make sure all are comfortable with the way the Committee is operating and there is not an undue risk for the members relative to violation of the Sunshine Law.  He explained the sunshine issue to Commissioner Henley.

     Commissioner Henley stated they need to be careful as to the message they are sending to their partners when they say they no longer want to participate with them.  Commissioner Dallari agreed with Commissioner Henley’s comment. 

     Chairman Carey stated if any Commissioner wishes to attend the Mayors & Managers meetings, they may do so, but as Chairman she will not do that.  She summarized the County will participate in CALNO with Commissioner McLean as the appointee and Commissioner Dallari as the alternate; and they will get back on the Joint City/County Committee at the next meeting with further discussion with Mr. McMillan.

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     Chairman Carey referred to a letter (not received and filed) from the city of Longwood regarding transportation in Longwood.  The City is offering to be the first venue for an informal meeting to talk about a more holistic approach to basic transportation needs.  She thinks this would be something that the City/County Advisory Committee would take up.  Longwood is asking the County to hold the meeting in January, but she is not anticipating that will happen.  She said she has not had the opportunity to speak with the Mayor about the meeting.

     Commissioner McLean said if the letter is about the routing of SR 434, he suggests that the City/County Committee might not be the venue for it because in the past they have not traditionally dealt with city-specific issues.

     Chairman Carey stated she will try to contact Mayor Maingot and see who he is directing the letter to. 

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     Chairman Carey recessed the meeting at 4:02 p.m. and reconvened it at 4:09 p.m.

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated December 3, 2007 to Chairman Brenda Carey from Bob Musser, Friends of Lake Howell, re:  completion of the stormwater treatment facility.

 

 2.  Contract for Services Agreement, as shown on page _______, dated December 8, 2007 between Dale Moore and Seminole County for Tennis Umpire services.

 

 3.  Letter dated December 11, 2007 to the Seminole County Board of County Commissioners from the City of Sanford re:  notice of hearing for annexation Ordinance #4085.

 

 4.  Notice of Public Hearings from the City of Lake Mary for December 20, 2007 and January 17, 2008 regarding proposed change to the Third Amendment and Restated Development Order for the North Point DRI and proposed Third Agreement and Restated Development Order for the North Point DRI, respectively.

 

 5.  Letter dated December 12, 2007 to Seminole County Manager from Joyce Kent, City of Sanford, re:  annexation Ordinance #4082.

 

 6.  Letter dated December 12, 2007 to Chairman Carlton Henley from Mike McDaniel, Office of Comprehensive Planning, Department of Community Affairs, re:  the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency.

 

 7.  Memo dated December 17, 2007, to County Officials and Others from Noranne Downs, FDOT, re:  Second Annual Transportation Forum hosted by FDOT District 5.

 

 8.  Letter dated December 18, 2007 to Ray Eubanks, Florida Department of Community Affairs, from Chairman Brenda Carey re:  transmittal of adopted Large Scale Land Use Amendment to the Vision 2020 Comprehensive Plan.

 

 9.  Letter dated December 18, 2007 to Seminole County Board of County Commissioners from City of Sanford re:  annexation Ordinance #4085.

 

10.  Letter dated December 18, 2007 to Chairman Brenda Carey from Carol Foster, City Clerk, Lake Mary, re:  establishment of one organization to replace CALNO, Mayors and Managers, and the Joint City/County Advisory Committee.

 

11.  Letter dated December 18, 2007 to Chairman Brenda Carey from Karen van Caulil, Health Council of East Central Florida, re:  Annual Board Attendance Report.

 

12.  Letter dated December 19, 2007 to Chairman Brenda Carey from Mayor John Bush, Winter Springs, re:  Floridians for Smarter Growth.

 

13.  Letter dated December 19, 2007 to Chairman Brenda Carey from Diane Bauer, School Board Chairman, re:  School Board liaison to the Board of County Commissioners for 2008.

 

14.  Memo dated December 21, 2007 to Chairman Brenda Carey from Clerk Maryanne Morse re:  Interest paid under the Prompt Payment Act.

 

15.  Letter dated December 21, 2007 to Chairman Brenda Carey from John Maingot, Mayor of Longwood, re:  transportation integrations with the Central Florida Commuter Rail.

 

16.  Letter dated December 21, 2007 to Chairman Brenda Carey from Noranne Downs, Florida Department of Transportation, re:  I-4 from the Orange/Seminole County Line north of Central Parkway Financial Project ID: 242592-2-52-01; Financial Aid Project Number 0042-221-1.

 

17.  Letter dated December 27, 2007 to Commissioner Brenda Carey from Kurt Spitzer, Florida Stormwater Association, re:  Consumer Fertilizer Task Force Pre-emption of Home Rule Powers to Regulate Nutrient Pollution.

 

18.  Letter dated December 28, 2007 to Mr. Ray Eubanks, Florida Department of Community Affairs, from Alison Stettner re:  transmittal of supplemental material required to complete submission of the Seminole County 2007 Capital Improvements Element Annual Update.

 

19.  Letter dated December 28, 2007 to Commissioner Brenda Carey from Ray Eubanks, Department of Community Affairs, re:  Comprehensive Plan Amendment 07-2, adopted by Ordinance No. 2007-47 on December 11, 2007.

 

20.  Letter dated December 28, 2007 to Chairman Brenda Carey from Diane Pickett-Culpepper, Brighthouse Networks, re:  new HD channels.

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Chairman Carey recommended motions for appointments, Resolutions of appreciation, and reappointments.

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to appoint the following to the Leisure Services Advisory Committee and adopt Resolutions of appreciation as follows: 

Deborah Schafer to the initial one-year term;

Mike Martin to the initial two-year term;

Mike Williams to the initial three-year term;

 

Resolution #2008-R-10, as shown on page _______, of appreciation to Michelle Thatcher and Resolution #2008-R-11, as shown on page _______, of appreciation to JoAnn Lucarelli for service on the Natural Lands Committee; Resolution #2008-R-12, as shown on page _______, of appreciation to Patricia Southward for service on the Parks and Recreation Committee; Resolution #2008-R-13, as shown on page _______, of appreciation to Cindy Gennell, and Resolution #2008-R-14, as shown on page _______, of appreciation to Al Stimac for service on the Trails and Greenways Committee.

 

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

 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari, to reappoint Grace Chewning to the Code Enforcement Board for a three-year term ending January, 2011.

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

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     Motion by Commissioner McLean, seconded by Commissioner Dallari, to reappoint Bob Dello Russo to the Contractor Examiner Board for a one-year term ending January, 2009.

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

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     Chairman Carey advised that Commissioner Henley has been elected to serve as Chairman of MetroPlan and he will also serve on the MPO Alliance and is on the Commuter Rail Committee.

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     Chairman Carey announced that January 21 is Martin Luther King, Jr. Day and activities and parades will be held in Sanford and Oviedo.  She also reminded the Board that the annual Scottish Highland Games are coming to Central Winds Park in the city of Winter Springs on January 19 and 20.

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     Motion by Commissioner Henley, seconded by Commissioner Dallari, to reappoint and appoint the following:

Reappoint Barbara Lewis to the Animal Control Board for a term ending January 1, 2009;

Reappoint Colleen Lassiter and Robert Herring to the Contractor Examiners Board for a term ending January 1, 2009;

Reappoint Don Epps and Alex Dickinson to the Historical Commission for a term ending 2010;

Reappoint Rob Wolf to the Planning and Zoning Commission for a term ending January 1, 2012;

Reappoint Beverly Myers to the Library Advisory Board for a term ending January 1, 2010;

Appoint to the newly-created Leisure Services Board George Dawkins for a one-year term; Robert Bowden for a two-year term; and Barbara Whittier for a three-year term;

Appoint Bob O’Malley to the Board of Adjustment for a term ending January 1, 2012; and

Appoint Fred Geltz to the Code Enforcement Board for a term ending January 1, 2012.

 

     Chairman Carey asked Commissioner Henley to double check if the appointment of Ms. Lassiter is a rotating appointment to his district.  Whereupon, Commissioner Henley said he will remove Ms. Lassiter until further review.

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

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     Motion by Commissioner Henley, seconded by Commissioner McLean, to adopt Resolutions of appreciation as follows:

Resolution #2008-R-15, as shown on page _______, of appreciation to Wes Pennington for service on the Board of Adjustment;

Resolution #2008-R-16, as shown on page _______, of appreciation to Bonnie Ward for service on the Historical Commission;

Resolution #2008-R-17, as shown on page _______, of appreciation to Jerry Ames for service on the Code Enforcement Board;

Resolution #2008-R-18, as shown on page _______, of appreciation to Carolyn Schultz for service on the Natural Lands Committee;

Resolution #2008-R-19, as shown on page _______, of appreciation to Joe Sarnovsky for service on the Parks and Recreation Advisory Board;

Resolution #2008-R-20, as shown on page _______, of appreciation to Rick Smith for service on the Trails and Greenways Committee;

Resolution #2008-R-21, as shown on page _______, of appreciation to Wally Hill for service on the Trails and Greenways Committee; and

Resolution #2008-R-22, as shown on page _______, of appreciation to Kenneth Holt for service on the Trails and Greenways Committee.

 

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

 

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     Commissioner Henley asked if all the Commissioners had received a copy of the letter from the Florida Stormwater Association and did they want to take any notice of that and notify their lobbyist.  He said the concern is that the Legislature appointed a Task Force to examine the regulation of household fertilizers.  This committee is concerned about the fact the Legislature might relieve the County Commissioners of any responsibility of regulation but at the same time they are held accountable over water quality.  He passed the letter to Ms. Coto.

     Chairman Carey said the staff does need to monitor this as well as the lobbyist.  She asked Ms. Coto to contact the lobbyist and report back to the Board.

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     Commissioner Van Der Weide discussed that he has not been able to get the agenda details using SciNet.  Ms. Coto advised that he should be able to and she will check on that. 

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to appoint and reappoint the following and adopt Resolutions of appreciation as follows:

Appoint to the Leisure Services Advisory Committee Judy Putz for a one-year term expiring January 1, 2009; Grant Maloy for a two-year term expiring January 1, 2010; and Ben Tucker for a three-year term expiring January 1, 2011; Reappoint Walt Eismann to the Planning and Zoning Commission for a four-year term ending January 1, 2012;

 

Resolution #2008-R-23, as shown on page _______, of appreciation to Ben Tucker; Resolution #2008-R-24, as shown on page _______, of appreciation to Grant Maloy; and Resolution #2008-R-25, as shown on page _______, of appreciation to Michael Kramer for their services on the Natural Lands Committee;

Resolution #2008-R-26, as shown on page _______, of appreciation to Roger Cooper; and Resolution #2008-R-27, as shown on page _______, of appreciation to Luke Altenburg for their services on the Parks and Recreation Advisory Board;

Resolution #2008-R-28, as shown on page _______, of appreciation to Steven Dowman; Resolution #2008-R-29, as shown on page _______, of appreciation to Roger Cooper; and Resolution #2008-R-30, as shown on page _______, of appreciation to Judy Putz for their services on the Trails and Greenways Task Force.

 

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

 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari, to appoint the following:

Joe Durso to the Seminole County Port Authority (SCOPA) for a four-year term ending January 1, 2012;

Marylin Wittmer to the Animal Control Board for a one-year term ending January 1, 2009; and

Tim Donihi for a three-year term ending January 1, 2011; Paula Davli for a two-year term ending January 1, 2010; and Lisa Giltner for a one-year term ending January 1, 2009 to the Leisure Services Advisory Committee.

 

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

 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari, to adopt the following Resolutions of appreciation:

Resolution #2008-R-31, as shown on page _______, of appreciation to Barbara Woodall for service on the Animal Control Board;

Resolution #2008-R-32, as shown on page _______, of appreciation to Pat Burkett; Resolution #2008-R-33, as shown on page _______, appreciation to Cecilia Height; and Resolution #2008-R-34, as shown on page _______, of appreciation to Jeffrey Manners for their service on the Natural Lands Committee;

Resolution #2008-R-35, as shown on page _______, of appreciation to Ken Holt for service on the Parks and Recreation Advisory Board;

Resolution #2008-R-36, as shown on page _______, of appreciation to Bill Parrish for service on the Contractors Examiner Board;

Resolution #2008-R-37, as shown on page _______, of appreciation to Tim Donihi; and Resolution #2008-R-38, as shown on page _______, of appreciation to Lisa Giltner for their service on the Trails and Greenways Task Force.

 

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

 

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     Commissioner Dallari asked for Board consensus to eliminate the first Board meeting in July, 2008.

     Chairman Carey asked Ms. Coto to look at that and said, additionally, a couple of holidays fall on a Monday with the Board meeting on the following Tuesday.  She mentioned the Memorial Day holiday in May and asked Ms. Coto to also look at that for consideration.

     The Board gave consensus to have only one meeting in July.

     Ms. Coto said there are some issues probably in Planning and Development and she asked if the Board meetings could be held the second and third weeks in May, 2008.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to hold BCC meeting the second and third Tuesday in May, 2008, and hold only one meeting in July to be the fourth Tuesday in July, 2008.

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

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     Commissioner Dallari announced that January 25, 2008, is the date for the Water Summit for the St. John’s Basin and he would like to attend that if there are no objections.  He said he doesn’t believe there is a registration fee, but if there is, he will pay that and speak later to the Board to see if they would like to reimburse him.  He will report back to the Board at the next meeting.

     The Board gave consensus for Commissioner Dallari to attend the Water Summit.

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     Commissioner Dallari wished the Scottish Highland Association and the City of Winter Springs the best of luck. 

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     Commissioner Dallari announced that the Seminole Arts Council has a gala scheduled in February, and he passed out invitations to the Commissioners to attend.

PUBLIC COMMENTS

     Chairman Carey stated she had a request for public comment and a written request from Mr. John Casselberry.  She asked Mr. McMillan to read that and submit the written comment (received and filed) into the public record.  Mr. McMillan summarized that Mr. Casselberry did not think the minutes of September 25, 2007 correctly reflected his comments.  He was making the point that the County should not be taxing city residents for the Sheriff’s road patrols.  Mr. Casselberry’s second point raises some issue relative to the Medical Examiner destroying autopsy reports and that the County should do something to insure that their Medical Examiner does not destroy medical reports but they should be retained.

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     Mr. Horvath made comments on CALNO and the cities and County, stating he thinks the cities and County may have to work together whether they like it or not with some of the things coming up in a couple weeks.  He thinks they need to be more efficient.

COUNTY MANAGER’S REPORT

     Ms. Coto said in looking at the calendar with respect to the May meeting, it appears the Board could meet on May 6 and May 20 because there is an additional week in April. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to hold BCC meetings for the month of May on May 6 and May 20, 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 4:28 p.m., this same date.

 

ATTEST:____________________Clerk___________________Chairman

  slm/cc