BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

NOVEMBER 7, 2006

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:41 a.m., on Tuesday, November 7, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Brenda Carey (District 5)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     The Invocation was given by Bishop Hezekiah Ross, West Sanford Free Will Holiness Church.

     Commissioner Morris led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-243, as shown on page ________, honoring Commissioner Randy Morris for his services and dedication to the citizens of Seminole County upon his retirement from Seminole County Government.

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

     Chairman Henley stated it has been a pleasure working with Commissioner Morris as he has been an outstanding commissioner.  There have been times when he disagreed with Commissioner Morris


but they remained friends and supported each other.  He presented Commissioner Morris with a framed copy of the resolution.

     Commissioner Morris accepted the framed resolution and expressed his appreciation to each Board member for working with him throughout the years.  He stated he was introduced to some writings from T.S. Elliott and he read an excerpt of same.

     A video (not received and filed) of Commissioner Morris’ accomplishments over the years was shown.

     Commissioner Carey presented a copy of the video to Commissioner Morris. 

     Chairman Henley presented to Commissioner Morris a plaque in appreciation of his services.

     Commissioner Morris introduced his wife Dhane and he thanked her for her tolerance over the last 10 years and for supporting him.

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     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-241, as shown on page _________, honoring Dennis Dolgner for his service to the citizens of Seminole County as Administrator of the Port Authority of Sanford upon his retirement.

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

     The Board presented the resolution to Dennis Dolgner, who addressed the Board to express his appreciation for bestowing this honor on him. 

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     Mr. Michael Barr, Seminole Soil & Water Conservation District, addressed the Board to express appreciation to Commissioner Morris for the things that he has done over the years for the Seminole Soil & Water Conservation District.  Michelle Thatcher, Seminole Soil & Water Conservation District, addressed the Board to present a framed picture to Commissioner Morris for his support and help over the past years to the Seminole Soil & Water Conservation District.

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     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-246, as shown on page ________, honoring Dr. Ann McGee for receiving the “Marie Y. Martin Chief Executive Officer Award” by the Association of Community College Trustees.

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

     The Board presented the Resolution to Dr. Ann McGee who expressed her appreciation.  She stated she is accepting this award on behalf of all the SCC family and Seminole County.  She thanked Commissioner Morris for his vision and support to SCC.  She presented an E. Ann McGee bobble head to Commissioner Morris for his services over the years. 

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-244, as shown on page _________, honoring St. Mary Magdalene School in Altamonte Springs for receiving the 2006 No Child Left Behind-Blue Ribbon Award.

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

     The Board presented the Resolution to Mary McKirnan, Principal of St. Mary Magdalene School, who expressed her appreciation for being recognized for their accomplishments in educating children.  She also thanked the City of Altamonte Springs for their continued support in the Seminole County School District.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-245, as shown on page ________, commending the Fiscal Services Department for receiving the Distinguished Budget Presentation Award for the 2-year budget Fiscal Years 2005/2006 and 2006/2007 by the Government Finance Officers Association of the United States and Canada (GFOA). 

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

     The Board presented the Resolution to Lisa Spriggs, Fiscal Services Director, and her staff, and she expressed her appreciation.

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     Motion by Commissioner Morris, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-247, as shown on page ________, recognizing the 20th Anniversary of the Art Festival at Heathrow Lake Mary.

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

     The Board presented the Resolution to Michael McLean, who expressed his appreciation.  He stated he would like to thank Commissioner Morris for his participation in the pre-opening reception.  The festival went very, very well and Colonial Properties sponsored the concert that was held on Saturday night.  He said he would like to thank the entire Board for their support over the last 20 years and hopefully for the next 20 more.

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     Chairman Henley recessed the meeting at 10:40 a.m. in order to convene the U.S. 17-92 Corridor Community Redevelopment Agency meeting, reconvening the BCC meeting at 11:05 a.m.

COUNTY MANAGER’S CONSENT AGENDA

     Cindy Coto, County Manager, addressed the Board to report that there is an add-on, Item 22A, Grant Agreement with Florida Communities Trust for $1.4 million.  She advised that Item #35, Approve Preliminary Subdivision Plan and Final Plat, should read SR 417 instead of SR 427, and a notation to Exhibit A of Item #41, Approve Agreement with United Arts, has been added.  The notation indicates that the restriction will be lifted off the Helen Stairs Theatre.  Also, a new notation is added indicating that SCAC will attend training provided by United Arts to gain additional skills in the fund raising business plan development.  She added that the Seminole County Commissioner serving on the Board will be a voting member.  She stated Margot Knight, United Arts of Central Florida, indicated that this stipulation is acceptable to them.

     Ms. Coto stated, per the Board’s request, staff has provided additional information (received and filed) for Item #54, 2007 Scottish Highland Games Agreement.  There has been a request to move this item to the 1:30 p.m. meeting.  She stated with regard to the briefing items, staff is requesting that Item #55, CDBG Historic Preservation of Hopper Academy, be continued to December 12, 2006 so they can provide additional information.  With regard to the 1:30 public hearings, staff is requesting that the following be continued to December 12, 2006:  #60, Vacate and Abandonment, Scott McFarland & Zachary Miller; #63, Amendments to the Land Development Code of Seminole County; #65, Large Scale Future Land Use Amendment, Steve Valentine, JTC, Inc.; #66, Capital Improvements, Implementation and Transportation Element; #67, Fall Large Scale Plan Amendment Cycle Adoption Ordinance; and #68, Adoption of Proportionate Share Ordinance.

     Commissioner Carey requested that Item #27, Award CC-1284-06, be pulled for a separate vote.

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

Community Services

Community Assistance

 9.  Approval of Seminole County Public Schools request to provide support for the “Midway Safe Harbor” Center in the amount of $50,000. 

10.  Approve and authorize Chairman to execute the Agreement, as shown on page ________, for Assumption of Mortgage from the Center for Affordable Housing, Inc., to Lisa Merlin House, Inc.

11.  Approve and authorize Chairman to execute the First Amendment, as shown on page ________, to Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2005-2006 which adds $280,000 of additional funding and extends the term of the Agreement to December 31, 2007. 

12.  Approve and authorize Chairman to execute the First Amendment, as shown on page ________, to Seminole County/Rescue Outreach Mission of Sanford, Inc., HUD/CDBG Subrecipient Agreement to enable a project design change.

 

Environmental Services

Business Office

13.  Approve and authorize Chairman to execute the Release of Water and Sewer Capacity, as shown on page ________, between Seminole County and Small Bay Partners, LLC for the project known as Monroe Commerce Center North Ph. 3 due to project build out.

14.  Approve and authorize the Chairman to execute the Release of Water and Sewer Capacity, as shown on page ________, between Seminole County and Developers Diversified Realty Corp. for the project known as Fern Park K-Mart due to project build out. 

Water & Wastewater

15.  Approve participation in the amount of $25,000 in the St. Johns River Water Management District 2007 Water Conservation Public Awareness Campaign and authorize Department Director or designee to submit participation form.

 

Fiscal Services

Budget

Fiscal Year 2006/07

16.  Budget Amendment Resolution #2006-R-248, as shown on page ________, #07-11 - $6,440 – Fiscal Services Department – 16007 Lake Amory Aquatic Weed Control MSBU Fund – On April 11, 2006, the Board approved an Ordinance to create the Lake Amory Aquatic Weed Control Municipal Service Benefits Unit.  The budget amendment is needed to establish the budget for the ongoing MSBU.

17.  Budget Amendment Resolution #2006-R-249, as shown on page _________, #07-12 - $109,756 – Tourism Development – General Fund.  To increase appropriations for the United Arts agreement to $.75 per capita as authorized by the Board on October 10, 2006. According to BEBR, (Bureau of Economic and Business Research) Seminole County’s population for 2006 is 420,667 making the total contribution to United Arts $315,501.  Currently $205,745 is budgeted for United Arts.  An additional $109,756 is needed to bring the total appropriations for United Arts for FY 2005/06 to $315,501.

Fiscal Year 2005/06

18.  Budget Amendment Resolution #2006-R-250, as shown on page ________, #06-91 - $3,806,474 – Various Departments – Various Funds – FY 05/06 Year-End Clean-Up.  Recognition of non-cash grants and other miscellaneous year-end adjustments.

19.  Budget Amendment Resolution #2006-R-251, as shown on page ________, #06-92 - $398,480 – Community Services-General Fund – Additional funding required to pay mandated September 2006 Medicaid billing invoice in the amount of $470,619, which exceeds the County Medical Care FY05/06 available funds by $398,480.

20.  BCR #06-28 - $2,109,334 – Various Departments – Various Funds – Operational adjustments to cover line-item overages in personal services and operating expenditure accounts for FY 05-06.

21.  BCR #06-29 - $1,000,000 – Environmental Services – Water and Sewer Operations Fund – Additional funds are needed to cover increased costs related to interlocal agreements for water and sewer treatment services due to rate and flow increases.

Grants

22.  Approve and authorize Chairman to execute the Agreement, as shown on page _________, between the Florida Wildflower Foundation and Seminole County, and approve the coordinating Budget Amendment Resolution #2006-R-252, as shown on page ________. 

22A. Authorize Chairman to execute the Grant Agreement, as shown on page ________, between the Florida Communities Trust and Seminole County, to provide grant funding for the acquisition of land for open spaces that enhance opportunities for outdoor recreation and natural resource protection.

MSBU

23.  Authorization to schedule and advertise a public hearing for January 9, 2007 to be advertised December 21st and December 28th for the Consolidated Street Lighting District Ordinance. 

Resource Management

24.  Approve the Amended and Restated Master Water and Sewer Revenue Bond Resolution #2006-R-253, as shown on page __________, and the Supplemental Resolution #2006-R-254, as shown on page _________, authorizing the issuance of the Water and Sewer Revenue Bonds, Series 2006. 

Purchasing

25.  Award CC-1237-06/TLR, as shown on page _________, Greenwood Lakes Reclaimed Water Interconnection Facilities to Wharton Smith, Inc, Lake Monroe ($1,657,000).

26.  Award CC-0751A-06/TLR, as shown on page _________, CR 46A Phase III Widening and Realignment to Gibbs and Register, Inc., Winter Garden ($7,108,000).

28.  Award RFP-1221-06/BHJ, as shown on page _______, Strategic Planning for Seminole County to MGT of America, Inc., Tallahassee (Fixed Fee Amount of $65,000.00); and authorize the County Manager to execute same.

 

Planning & Development

29.  Approve and authorize Chairman to refund $89,568.00 for impact fees that were paid in conjunction with Seminole County Building Permits Number 06-702, 06-703 and 06-704 to D.R. Horton. 

Development Review

30.  Approve and authorize Chairman to execute the Minor Plat for Milford Estates located on the east side of Brooks Lane, approximately 1¼ mile south of Red Bug Lake Road (Ganesh and Daaneeshwari Sukhai). 

31.  Approve and authorize Chairman to execute the Minor Plat for Carlisle Point located on the south side of Center Drive, approximately ½ mile west of East Lake Drive (Velma M. Sutter). 

32.  Approve and authorize Chairman to execute the Final Plat for Island Club located south of CR 46A (Paola Road) at the end of AAA Drive, between Banana Lake Road and Island Lake (Lakeview at Heathrow, LLC).

33.  Approve and authorize Chairman to execute the Minor Plat for Palm Valley Professional Center located on the north side of East Palm Valley Drive and east of Alafaya Trail (SR 434) (Palm Valley Professional Center, LLC). 

34.  Approve release of Performance Bond #98SB 103616176 in the amount of $201,897.92, Travelers Casualty and Surety Company of America for Autumn Chase Phase 2; and Performance Bond #104061819 in the amount of $647,153.63, Travelers Casualty and Surety Company of America for Markham Forest to secure construction and completion of the subdivision improvements.

35.  Approve the revised Preliminary Subdivision Plan and approve and authorize Chairman to execute the Final Plat for Clayton Crossing Townhomes located at the northwest corner of Aloma Avenue (SR 426) and SR 427 (Morrison Homes, Inc.). 

 

Public Safety

EMS/Fire/Rescue

36.  Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and Diane Villanova for EMS/Fire/Rescue to conduct controlled burns of an abandoned structure located at 2421 Bass Boulevard, Geneva, Florida. 

 

Public Works

Administration

37.  Approve and authorize Chairman to execute the First Amendment, as shown on page _________, to the Interlocal Agreement between Seminole County and the City of Sanford relating to Administration of the City’s Share of Funds under the Cent for Seminole Local Sales Surtax for the City’s Transportation Improvement Projects.

Engineering

38.  Adopt appropriate Resolution #2006-R-255, as shown on page _________, accepting a Sidewalk Easement, as shown on page _________, from the City of Altamonte Springs, for the construction of a sidewalk along a portion of McNeil Road. 

39.  Approve and authorize Chairman to execute the Construction Agreement, as shown on page ________, with CSX Transportation, Inc., for Crossing Improvements and Signal Upgrades at Osprey Trail for the Cross Seminole Trail Phase 1B project. 

Traffic Engineering

40.  Approve and authorize Chairman to execute the Traffic Enforcement Agreement, as shown on page ________, between Seminole County, the Seminole County Sheriff’s Office, and Buckingham Estates Homeowners Association, Inc. to enforce the regulatory signs within the subdivision.

 

Tourism Development

41.  Approve and authorize Chairman to execute termination of Agreement, as shown on page _________, between Seminole County, United Arts of Central Florida, Inc. and Seminole Cultural Arts Council; and approve and execute Agreement, as shown on page ________, between Seminole County and United Arts of Central Florida, Inc. in the amount of $315,500.25.

 

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

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     Item 27, Award CC-1284-06/TLR – Continuing Services for Sidewalks and Minor Construction less than $250,000 per project to Stage Door II, Apopka; Central Florida Environmental, Longwood; Compilog International Co., Altamonte Springs; Paragon Development & Construction, Orlando; American Persian Engineers & Constructors, Inc., Orlando; and AJC Construction, LLC, Orlando (Estimated budget per year $2,000,000), presented.

     Commissioner Carey stated in reviewing this item, six responses were submitted and the selection committee indicated that the four highest scores would be selected.  She stated she would recommend taking the four highest scores and award that rather than awarding this to all six responses. 

     Motion by Commissioner Carey, seconded by Commissioner Morris to Award CC-1284-06/TLR – Continuing Services for Sidewalks and Minor Construction less than $250,000 per project to the four highest scores. 

     Under discussion, Ray Hooper, Purchasing Manager, addressed the Board to advise staff didn’t rank them.  Therefore, staff would have to evaluate all of them and bring it back to the Board. 

     Commissioner Carey stated she took it that they put them in order because of the pricing that was calculated with it.

     Mr. Hooper stated staff plans to use the master agreements and bid to try to get three quotes or better to an A+ method or the lowest cost of all the sidewalk projects.  They have had a history of issues where they go out with four contractors and only get two bids or limited competition.

     Chairman Henley recommended withdrawing the motion and direct staff to come back and score the top four.

     Commissioner Carey withdrew her motion.  Commissioner Morris withdrew his second.

COUNTY ATTORNEY’S CONSENT AGENDA

 

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

 

 

Property Acquisition

42.  Authorize Binding Written Offer/Offers of Judgment – Relating to County Road 15 improvement project for Parcel Numbers 110, 111, 112/712, 113/713, 114/714, 115 and 116.

Litigation

43.  Approve proposed negotiated settlement relating to Parcel Numbers 107/707, Park Place Community Association, Inc. property, Eden Park Avenue road improvement project, at the total aggregate sum of $5,300.00.  The negotiated settlement amount is allocated at $3,450.00 for all claims, including attorney fees for the owner and $1,850.00 for all claims, including attorney fees for the easement holders. 

44.  Approve proposed negotiated settlement relating to Parcel Number 117 (Parts A and B), Single Family Developers, LLC property, Lake Emma road improvement project, in the amount of $408,510.15 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, total statutory attorney’s fees, experts’ fees and cost reimbursements. 

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

45.  Expenditure Approval Lists, as shown on page ________, dated October 9 & 16, 2006; and Payroll Approval List, as shown on page ________, dated October 5, 2006.

46.  BCC Minutes dated October 10, 2006.

47.  Noted, for information only, the following Clerk’s “received and filed”:

 

 1.  Notice from the PSC RE:  Petition to recover 2005 Tropical System Related Costs & Expenses by Bellsouth Telecommunications, Inc. 

 

 2.  Performance Bond, as shown on page _________, in the amount of $570,791.93 & Title Opinion for Walden Chase. 

 

 3.  Maintenance Bond, as shown on page _________, in the amount of $35,709.77 for Celery Estates North. 

 

 4.  Maintenance Bond, as shown on page _________, in the amount of $50,112.90 for Bella Foresta. 

 

 5.  Maintenance Bond, as shown on page _________, in the amount of $14,440 for Trinity Retail Center. 

 

 6.  Maintenance Bond, as shown on page _________, in the amount of $15,559 for Talman Mews Phase 1. 

 

 7.  Performance Bond, as shown on page _________, in the amount of $6,149,017 for Grande Oaks roads. 

 

 8.  Performance Bond, as shown on page _________, in the amount of $1,492,026 for Grande Oaks water & sewer. 

 

 9.  Maintenance Bond, as shown on page _________, in the amount of $151,327 for Heatherwood Subdivision. 

 

10.  Grande Oaks Plat Letter from Broad & Cassel. 

 

11.  W.O. #10, as shown on page _________, to PS-5190-05/DRR

 

12.  W.O. #18, as shown on page _________, to PS-5174-04/AJR. 

 

13.  First Amendment, as shown on page _________, to Term Contract IFB-600016-06/JVP for purchase of Fire Fighting Equipment. 

 

14.  Agreement, as shown on page _________, for CC-1143-06/DRR, Underground Diesel Tank Removal & Replacement. 

 

15.  W.O. Amendment #1, as shown on page _________, to W.O. #53 to PS-5130-02/BJC. 

 

16.  W.O. Amendment #1, as shown on page _________, to W.O. #43 to PS-5130-02/BJC. 

 

17.  W.O. #50, as shown on page _________, to CC-1262-05/TLR and Performance & Payment Bond for same. 

 

18.  W.O. #61, as shown on page _________, to PS-5130-02/BJC. 

 

19.  W.O. #49, as shown on page _________, to CC-1262-05/TLR. 

 

20.  W.O. #3, as shown on page _________, to PS-5179-05/MJB. 

 

21.  W.O. #5, as shown on page _________, to RFP-0778-06/BHJ. 

 

22.  W.O. #31 & #32, as shown on page _________, to RFP-4214-04/TLR. 

 

23.  Non-Certified Tennis Pro Agreement, as shown on page _________, with Larry Wayne Mack. 

 

24.  Utility Easement, as shown on page _________, for water & sewer in Hunt Club Corners f/k/a Shoppes @ Hunt Club. 

 

25.  Acceptance Letter, as shown on page _________, for the potable water system within Talman Mews. 

 

26.  Notice of Satisfaction of Connection Fees, as shown on page _________, relating to Conditional Utility Agreements for South Bank. 

 

27.  Notice of Satisfaction of Connection Fees, as shown on page _________, relating to Conditional Utility Agreements for Bunn & Savastano Dental Office. 

 

28.  Conditional Utility Agreements, as shown on page _________, for water & sewer for Palm Valley Professional Center. 

 

29.  Bill of Sale, as shown on page __________, for water & sewer systems in Bella Foresta, Bradford Development. 

 

30.  First Amendment, as shown on page _________, to Utility Easement for Trinity Retail Center/Sofran Tuskaloma, Ltd. 

 

31.  Copy of memorandum dated October 5, 2006 from Sandy McCann, Commission Records, to Liz Parkhurst, Planning & Development Re:  outstanding P&D documents. 

 

32.  Copy of memorandum dated October 17, 2006 from Sandy McCann, Commission Records, to Cindy Coto, County Manager, Re:  outstanding BCC documents. 

 

33.  Memorandum dated October 10, 2006 from Liz Parkhurst, Planning & Development, to Sandy McCann, Commission Records, Re:  P&D outstanding documents. 

 

34.  Bids as follows:  PS-1167-06; RFP-1187-06; RFP-1248-06; RFP-1249-06; RFP-1347-06; PS-1386-06; IFB-600090-06; IFB-600091-06; and RFQ-600105-06. 

 

Sheriff’s Office

48.  Approve and authorize Chairman to execute a Budget Amendment Resolution #2006-R-256, as shown on page _________, rebudgeting $244,137 in unexpended FY 2005/06 grant funds to the Sheriff’s Office FY 2006/07 budget.

 

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

REGULAR AGENDA

     Tony Matthews, Planning, addressed the Board to request authorization for the Planning & Development Director to schedule and advertise public hearings for the Board of County Commissioners and Planning & Zoning (P&Z) Commission to amend existing provisions of the Land Development Code (LDC) of Seminole County; and to adopt new provisions to the LDC to implement the requirements of the Wekiva Parkway and Protection Act.

     Upon inquiry by Commissioner Carey relative to whether or not staff is addressing the prohibition of applying fertilizers to keep the plantings away from the natural areas, Mr. Matthews advised they have two options, one is to pull it from the ordinance all together or staff could look at the best management practices for the existing landscaping code requirements and come back with an additional proposal.

     Commissioner Carey stated she feels a separate item addressing fertilizers near natural water body areas needs to be in the code.

     Motion by Commissioner Morris, seconded by Commissioner Carey to authorize scheduling and advertising public hearings for the Planning & Zoning (P&Z) Commission and Board of County Commissioners to amend existing provisions of the Land Development Code (LDC) of Seminole County; and to adopt new provisions to the LDC to implement the requirements of the Wekiva Parkway and Protection Act.

     Under discussion, Mr. Matthews advised staff is recommending scheduling the P&Z public hearing on December 6, and the BCC public hearing on December 12, 2006.

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

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     April Boswell, Planning Manager, addressed the Board to present request to approve the Final Master Plan and Developer’s Commitment Agreement for the Gunter Village PUD, consisting of 12.20+/- acres located on the west side of International Parkway, north of the intersection of Colonial Center Parkway and International Parkway, and south of the intersection of Pebble Ridge Lane and International Parkway, Kimley-Horn/Jonathan Martin.  She submitted a copy of supplementary information (received and filed) that was discussed at the rezoning hearing.  She said the smallest unit being proposed is 750 sq. ft. and the largest woodwork unit will be combined with two bays of floor area, to be approximately 3,000 sq. ft.  She referred to Item D of the landscape/buffer criteria of the developer’s commitment agreement and advised staff is recommending that this item be pulled as it is a requirement of the code.

     Commissioner Morris stated he feels staff should make sure this is submitted to the City of Lake Mary and City of Sanford so that they can see how HIP is done properly.

     Motion by Commissioner Carey, seconded by Commissioner Morris to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _________, and authorize the Chairman to execute the aforementioned documents for the Gunter Village PUD, consisting of 12.20+/- acres located on the west side of International Parkway, north of the intersection of Colonial Center Parkway and International Parkway, and south of the intersection of Pebble Ridge Lane and International Parkway, Kimley-Horn/Jonathan Martin, with staff findings, with the exclusion of Item 9D.

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

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     David Gregory, Solid Waste Management, addressed the Board to present request to approve the Landfill Gas Purchase Agreement with Seminole Energy Systems, LLC. 

     Motion by Commissioner Dallari, seconded by Commissioner Morris to approve and authorize Chairman to execute the Landfill Gas Purchase Agreement, as shown on page ________, with Seminole Energy Systems, LLC. 

     Under discussion, Commissioner Carey stated she would like to know what the cost will be for reimbursement for environmental liability coverage and what the final interconnect amount will be with Florida Power and Light. 

     Upon inquiry by Commissioner Morris, Robert McMillan, County Attorney, advised generally they try to get the consultant to obtain liability insurance rather than the County insuring them.

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

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     Janet Davis, Human Resources Director; Marie Fox, Human Resources; and Dr. Jeffrey Ling, Evergreen Solutions, addressed the Board to request the Board adopt the recommendations as presented by Evergreen Solutions, LLC in the Performance Management Report Update. 

     Dr. Ling displayed a PowerPoint Presentation on the update of the Performance Management relating to the following:  Our Approach, What We Learned; and Series of Recommendations (10). 

     Chairman Henley asked when will the Board have an opportunity to have a presentation on how the automated system operates.

     Ms. Coto advised she believes it is part of the J.D. Edwards system and has not been activated. 

     Marie Fox, Human Resources, addressed the Board to advise there are two modules in the J.D. Edwards software, one is performance management and the other is for competency management.  They are underutilized at this time and staff is interested in having a consultant to help them populate the data fields so they can automate this entire process.

     Upon inquiry by Chairman Henley, Ms. Fox advised they will be able to see the data fields and other information about the system.

     Commissioner Morris stated the County is paying for it and it will cost them to bring in a consultant.

     Upon inquiry by Chairman Henley,  Ms. Fox advised the Clerk owns the system; therefore, it would have to go on her server.  

     Chairman Henley stated he would like to see what the cost will be to buy that particular package instead of having to go through the Clerk’s system.

     Upon inquiry by Commissioner Dallari, Ms. Fox advised they currently have two consultants that they use.  They use CFS for payroll implementation in the system, and they also have MindSet who helps them with the reports that are generated from the system and those costs are included.

     Dr. Ling stated his staff was asked to review what other jurisdictions are doing regarding similar implementation, and they found that the costs are competitive of what other jurisdictions have paid.

     Chairman Henley requested to see that report.

     Commissioner Dallari asked what the additional cost would be if this is placed on the County’s server and not the Clerk’s server.

     Ms. Fox advised she will review that and bring it back to the Board.

     Commissioner Morris stated he feels they have an excellent recommendation as this has been one of the better processes in terms of the information submitted by Evergreen.  He stated he would recommend that they strike this one portion and staff come back in December for a separate vote on this analysis, but still move forward with the program package.

     Commissioner Carey stated obviously there is tremendous amount of training that needs to take place and she would like to know if staff is planning to do that over the next year.  She asked if staff has any idea what the cost will be and who is going to do the training.

     Dr. Ling stated the current contract with Evergreen would cover the training process and that would engage a 60 day period to train the managers.  They would provide the tools for the Human Resources’ staff to train the employees.  He stated at this point, he estimates the first training cycle would occur from January to March, and the second would occur during the late summer.

     Ms. Coto stated Human Resources will be fully responsible for the ongoing training and monitoring of this program.

     Chairman Henley stated the training would be a continuous ongoing process from year-to-year as there is always a turn over in staff. 

     Dr. Ling stated his goal is to train the staff in Human Resources and each of them would be prepared to maintain the system without Evergreen’s assistance. 

     Janet Davis, Human Resources Director, informed Commissioner Carey that the full-time professional position would be a new position and they would conduct the training as well as monitoring the system to make sure that evaluations and reports are being accomplished.

     Upon inquiry by Commissioner Dallari, Dr. Ling advised he is recommending that they approach the supervisors first and then the employees at a later date.

     Ms. Coto stated implementation would take effect on October 1, 2007 so they can ensure that the managers, directors, supervisors and employees would be fully trained and that they understand the ground rules.  She stated she feels it is essential that they are going to have a system that the Board and she desires to effectively evaluate the overall organization; then training is the most important component.

     Chairman Henley stated he is not convinced that they need to hire another individual to take this on as they already have a training position available.  He stated he doesn’t understand why they can’t reassign work.

     Ms. Coto stated she feels it is essential to have a full-time individual to do the training and monitoring in order to effectively execute this program.  She stated she feels they have huge gaps of areas that they have not effectively provided the managers or directors with the tools they need to appropriately execute their positions.

     Commissioner Carey stated she feels that, in the first year of this, they have to have the training.  It may make more sense to have a consultant during the first year to train the managers rather than taking it on as a full-time position.

     Ms. Coto stated the County may end up expending more money by hiring a consultant to do the training rather than a staff member.

     Chairman Henley stated he will not be supporting a new position for this until they explore other ways of doing it.

     Dr. Ling continued by reviewing the Implementation slide.

     Commissioner Morris stated the total evaluation on the pay scale system was done nine or ten years ago.  The performance management is another move by the Board to move forward with a pay system that would encourage people to perform more and to stay with the County.  This is a more efficient system in money spent and it is a great recommendation.  He said that by slashing this to 2% for bonuses and 3% for cost-of-living, staff has basically deincentivized the whole process.

     Ms. Coto stated the intent today is for the Board to approve the concept as it relates to having a three-prong system with respect to recognition of performance.  The actual dollars and percentages will be brought to the Board through the budget process.

     Commissioner Van Der Weide stated the Board has addressed this issue numerous times and now they are at the starting gate.  He stated he feels there are some issues where they don’t know what the cost is, but they need to move forward with Ms. Coto’s recommendations.  He said he doesn’t see how they can turn down the new position recommended by the County Manager at this point. 

     Commissioner Carey stated she is in favor of the concept that is presented, but approving the compensation recommendation does not do what they are trying to accomplish.  She stated she feels the Board can approve this in concept and bring back the details in December as to how they want to approach it. 

     Commissioner Morris stated the implementation part will be coming back next year and it can be cancelled if the numbers don’t work.  The Board can approve the concept and staff bring back the other material to the Board. 

     Commissioner Carey stated Dr. Ling will be starting the training process, but if she was an employee, what would motivate her is knowing what the potential is and to spell out the importance of the compensation.

     Chairman Henley stated he has no problem with the concept they are working on.

     Commissioner Dallari stated they need to break it down in three groups.

     Commissioner Morris stated this system is going to be cheaper than the current budget system.  He stated he feels they will be taking money away from the employees if they drop it to two or three percent.  The Board should set a parameter decision on Dr. Ling’s recommendation.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to approve the performance management study in concept; move forward with the training process of the Performance Management Study Implementation; and come back to the Board with the J.D. Edwards cost, the percentages that the compensation policy would be, and the comparison of an internal employee versus a consultant to do the first year of training.

     Under discussion, Commissioner Morris asked the motion-maker to accept the percentages as the perimeters to start with.

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

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     The Board voiced no objections to moving Item #54, 2007 Scottish Highland Games Agreement, to 1:30 p.m.

 

 

COUNTY MANAGER’S BRIEFING

     Chairman Henley stated Item #55, CDBG History Preservation of Hopper Academy, will be continued.

     Upon inquiry by Chairman Henley, Ms. Coto advised she will check to see if this item is time sensitive and if it is, she will schedule it for the December meeting.  If not, it will be scheduled for the January meeting.

REGULAR AGENDA (Continued)

     Clarifications and options submitted by American Bridge Company, Orlando, and select a final design for DB-0577-06, U.S. 17-92 Pedestrian Overpass Design Build Project, presented.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve Option #2 of the U.S. 17-92 Pedestrian Overpass Design Build Project.

     Under discussion and upon inquiry by Commissioner Dallari, Ray Hooper, Purchasing Manager, addressed the Board to explain what Option 2 consists of versus the basic design. 

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

COUNTY MANAGER’S BRIEFING (Continued)

     Jeff Hopper, Planning, addressed the Board to request authorization for staff to proceed with the proposed work plan for the Sanford Airport Development District; and to move forward with work tasks described in the plan.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize staff to proceed with the proposed work plan for the Sanford Airport Development District; and to move forward with work tasks described in the plan.

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

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     Don Fisher, Deputy County Manager, addressed the Board to request additional allocation of $600,000 as Seminole County’s contribution in the construction of Lake Mary High School’s public swimming pool, and authorize the transfer from General Fund Reserve to the appropriate program funding line.  He reviewed the potential activities that will be held, the overall partnership, how the facility might operate, and how it will be open to the public.  He stated the project does not meet the requirement for CDBG funding.  The total contribution will consist of $1.2 million from Seminole County, $300,000 from the city of Lake Mary, and an additional $300,000 is committed from the Boosters Club.

     Commissioner Carey stated the big concern she has is turning over the management of a public pool to a third party.  The Lake Mary Aquatic organization will be operating this pool and they operate three different aquatic organizations and will be controlling the schedule, and she cannot support that.

     Commissioner Morris stated the County will do an interlocal agreement relative to the land and they will determine if this will be a lease or a title transfer.  A second agreement will be worked out with the School Board on the usage and operation of hours. 

     Commissioner Carey stated the School Board is not putting any money into this except for the maintenance cost.  She stated how the School Board deals with this is going to be an issue.  She added that TDC dollars might be another funding option.

     Chairman Henley stated one thing the Board needs to be sensitive to is allowing individuals using public facilities for personal gain. 

     Commissioner Carey stated she doesn’t have a problem with supporting a community pool, but she feels having a third party operating it is wrong.  Discussion ensued.

     Motion by Commissioner Morris, seconded by Commissioner Dallari to authorize an additional allocation of $600,000 as Seminole County’s contribution in the construction of Lake Mary High School’s public swimming pool and authorize the transfer from General Fund Reserve to the appropriate program fund line.

     Commissioner Carey clarified that the agreement will come back to the BCC for final approval.

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

     Commissioner Morris left the meeting at this time.

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     Bobby Brantley, Brantley & Associates, addressed the Board to review the top Legislative priorities for the 2007 State Legislative Session as outlined in the agenda memorandum. 

     Upon inquiry by Commissioner Carey, Jerry McCollum, County Engineer, advised the SR 46 issue is on MetroPlan’s long-range plan and it is on their cost feasible plan as well. 

     Commissioner Carey stated the county charter transit system surtax generates a large amount of money and she feels that should be a top priority.

     Commissioner Morris reentered the meeting at this time.

     Chairman Henley instructed Mr. Brantley to focus on all the priority issues listed.

     Commissioner Morris stated it has been a pleasure working with Mr. Brantley.

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     The Chairman recessed the meeting at 12:39 p.m., reconvening at 1:33 p.m. with all Commissioners and all other Officials with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

REGULAR AGENDA, Continued

     Chairman Henley advised the Board will take up Item #54, Agreement between Seminole County and the Scottish-American Society of Central Florida, Inc., which was deferred from this morning’s meeting.

     Suzan Bunn, Tourism Director, addressed the Board to present the request from the Scottish-American Society of Central Florida, Inc., in the amount of $50,000 for the 2007 Scottish Highland Games and seek authorization for the Chairman to execute the Agreement.  A copy of the memorandum to the BCC from County Manager Cindy Coto was received and filed.  Ms. Bunn stated the requested amount went from $25,000 from past years to $50,000 this year, and the Tourist Development Council did approve that.

     Upon inquiry by Commissioner Dallari, Steve Russell addressed the Board to state he believes they will attract this year more room nights than there is capacity in Seminole County.  He said they have been conservative in their request to the Tourist Development Council.  He explained they are bringing in one of the top three pipe bands in the world (the Simon Fraser University Pipe Band).  With the $50,000 the TDC approved, they will begin advertising here.  He said he thought the room nights would be 10,000.  They are expecting to bring in 3,000 to 6,000 people from out of state and that is not including those that come every year.

     Mr. Russell answered questions by Chairman Henley.  He advised they had a cancellation from one of the bands.  The city of Winter Springs withdrew their support and they were forced to cut back, but he said the Simon Fraser University Band is a big draw also. 

     Upon inquiry by Commissioner Carey, Ms. Bunn explained how staff tracks how many rooms are in the area.  Whereupon, Commissioner Carey said she thinks there needs to be a better mechanism for tracking all events.

     Commissioner Dallari said he agrees and part of his complaint was that in the past, his room was not accounted for.

     Ms. Bunn said the Event Coordinator also does surveys, but staff can work on an incentive plan for the hoteliers to be more accountable for the rooms.  Discussion ensued. 

     Ms. Bunn advised Chairman Henley that her recommendation is to add the $25,000 because of the room nights.  She said there will be slippage over to Orange County if that many rooms come in.

     Chairman Henley said he personally cannot support the $50,000 or $40,000, but he would support the same amount the BCC has been funding.  Next year, he thinks it would be helpful if they would coordinate if there are going to be rooms because if the rooms are already booked this will not do what the Board would like them to do.

     Commissioner Van Der Weide stated what potential this event brings.  He read that there is super potential for this event as compared to events they’re holding in other parts of the country.  He asked what is the County doing or not doing that they are not realizing all that potential.

     Ms. Bunn stated a lot of the marketing is occurring in Orlando.  They do some outside the area but they do the bigger dollars in Orlando.  Maybe reorchestrating that might be good.

     Commissioner Dallari asked what is being done with the advertising dollars.

     Mr. Russell stated they amended the request to $40,000 and amended the room nights to 3,000.  They are being conservative, but thought that would be a more realistic sounding number, although they think they will exceed that.  He said they are expanding their advertisement this year because of the event.  They have focused advertising in the past with Orlando radio stations.  This year, they are focusing their attention outside the Central Florida area, in the U.S., Canada and Europe.  He submitted copies of the newspaper advertisement (received and filed) in The Scottish Banner and The Highlander magazine.  They have a full page back cover ad in three monthly issues which cost $1,200 per issue.  In the past, they have taken a ¼ page ad.  He stated the potential is where they are going.  Three years ago they put in new management.  At that time, the Society was on the verge of bankruptcy.  He believes now they have saturated the Central Florida area in attendance.  They are working on the goal of 20,000 participants.  He said he doesn’t believe this event will be in conflict with the Martin Luther King weekend.

     Upon inquiry by Commissioner Van Der Weide, Ms. Bunn stated she thinks this is a signature event if they can work to redo the advertising and work to get the event on a weekend when they have rooms available. 

     Commissioner Dallari said he believes this could be that signature event Commissioner Van Der Weide is talking about.  He said this one band is known worldwide.  He believes they will have quite a few room nights well above last year. 

     Commissioner Carey said she thinks they can’t talk about this event without tying Seminole County to it.  She thinks it is a good investment.

     Chairman Henley said he thinks the Board needs to continue to support them but not at this level.  They don’t know for sure what the return is going to be.

     Commissioner Morris stated he met with the people who put this event on and it is big fun for families.  The request is now at $40,000.  They have increased their marketing and are bringing this band in.  He asked would it be appropriate to try to split the difference to maybe increase the funding a little.

     Chairman Henley said he thinks $25,000 is quite a commitment to this organization.  He thinks they advertise every year and he has not compared this year’s advertising to last year’s to see what adjustments have been made.  When he looks at the proposed tax return, he does not think it justifies this going to the $50,000 rate.

     Mr. Russell advised Commissioner Dallari that no one profits from their proceeds.  After paying all their bills, they plow all excess revenue back into the games the following years.  He said by the time the games happen, there are more bills than money and they take the risk early on to make sure they grow these games every year.

     Commissioner Van Der Weide stated this event has been here 10 years and he is questioning whether the BCC is approaching this as something they really want.  If it is, they are talking about a few dollars.  He is suggesting if this is the potential to be the event that they want to have in Seminole County, they probably have to step forward and help promote it more.  The question in his mind is does it have that potential.

     Commissioner Dallari said he thinks this event does have that potential and they will see it this year.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve and authorize the Chairman to execute the Agreement, as shown on page _______, with the Scottish-American Society of Central Florida, Inc. in the amount of $40,000 for the 2007 Scottish Highland Games.

     Under discussion, Chairman Henley said if you look at the financial statement, the Society’s budget is $74,427 and this event is supposed to provide them $31,000.  He is questioning whether the Board needs to make that commitment or not until it grows better.  Discussion ensued.

     Commissioner Morris said the Society is plowing the money back in.

     Commissioner Carey said Mr. Russell stated that they went through some times where they almost went bankrupt.  Also, she can’t think of any family event that has been reoccurring in this community every year, except for the Scottish/Highland Games.

     Commissioner Van Der Weide stated he is looking for experiences that the residents can enjoy and this is definitely a family event.

     Districts 1, 2, 3 and 5 voted AYE.

     Commissioner Henley stated NAY.

     Commissioner Carey stated one point Commissioner Morris brought up is when was the last time the Board looked at the tourist development proceeds brought in.

     Chairman Henley said they had set a goal at one time of maintaining at least $1 million.  They didn’t have any vision or long-term goal for the money other than to keep shoveling it out.  They are not doing anything to build the kitty in order to try to help get it done through partnerships or anything else.  At this point in time, they are just looking for things to give money to and put it back.

PROOFS OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, 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

GREENWAY SOUTH PUD MAJOR AMENDMENT

CONTINENTAL PROPERTIES CO., INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approval of the Greenway South PUD Major Amendment and approval of rezoning ordinance from PUD to PUD, amended Development Order, and Developer’s Commitment Agreement, for 21.32+/- acres located at the southwest corner of SR 417 and SR 426; Continental Properties Co., Inc., received and filed.

     Mike Rumer, Planning, addressed the Board to present the request for approval, advising that the Planning & Zoning Commission voted five to zero to approve the requests (copy of memorandum to the BCC dated Nov. 2, 2006, received and filed); and staff is recommending approval.

     Chad Moorehead, applicant, Madden Engineering, addressed the Board to state he was present to answer any questions.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the Greenway South PUD Major Amendment, Ordinance #2006-75, as shown on page _______; amended Development Order, as shown on page _______, and Developer’s Commitment Agreement, as shown on page _______, for 21.32+/- acres located at the southwest corner of SR 417 and SR 426; and authorize the Chairman to execute the documents based on staff findings; as described in the proof of publication, Continental Properties Co., Inc.

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

RESOLUTION/VACATE AND ABANDON

SCOTT A. MCFARLAND AND

ZACHARY R. MILLER

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution vacating and abandoning the unnamed public alley located south of and adjacent to Lots 30-36 and north of and adjacent to Lots 37-39 contained in the plat of The Town of Sylvan Lake, as recorded in Plat Book 2, Page 69 of the Public Records, Scott A. McFarland and Zachary R. Miller, received and filed.

     Cindy Coto, County Manager, advised the Board that staff has requested a continuance of this item to December 12, 2006.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to continue to December 12, 2006, the request to adopt a Resolution vacating and abandoning the unnamed public alley located south of and adjacent to Lots 30-36 and north of and adjacent to Lots 37-39 contained in the plat of The Town of Sylvan Lake, as recorded in Plat Book 2, Page 69 of the Public Records; as described in the proof of publication, Scott A. McFarland and Zachary R. Miller.

     No one spoke in support or in opposition.

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

MAJOR AMENDMENTS/OAKMONTE PUD AND

OAKMONTE SENIOR VILLAGES PUD/TORBEN

ABBOTT/EXCEL ENGINEERING

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approval of the PUD Major Amendments, First Amendment to the Oakmonte Developer’s Commitment Agreement and the Amended and Restated Developer’s Commitment Agreement and Revised Final Master Plan for Oakmonte Senior Villages (a.k.a. Shiralago PUD), for 25+/- acres located on the southwest corner of the intersection of Lake Mary Boulevard and I-4, approximately 0.5 miles south of Lake Mary Boulevard, Torben Abbot/Excel Engineering, received and filed.

     Tina Williamson, Principal Coordinator, addressed the Board to present the request, stating the staff is recommending approval and the P&Z Commission has recommended approval also.

     Upon inquiry by Commissioner Carey, Ms. Williamson said the original total units were 470 and now the proposal is for 315 units.

     Attorney Rob Gebaide, on behalf of Lake Mary Senior Living, addressed the Board to state they are in 100% agreement with the staff.  He advised that Miriam Pino is also present today to answer any questions.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the PUD Major Amendments, First Amendment to the Oakmonte Developer’s Commitment Agreement, as shown on page _______, the Amended and Restated Developer’s Commitment Agreement, as shown on page _______, and Revised Final Master Plan for Oakmonte Senior Villages (a.k.a. Shiralago PUD), for 25+/- acres located on the southwest corner of the intersection of Lake Mary Boulevard and I-4, approximately 0.5 miles south of Lake Mary Boulevard; as described in the proof of publication, Torben Abbot/Excel Engineering, based on staff findings; and approval of Ordinance 2006-76, as shown on page _______, rezoning from PUD to PUD; and Development Order, as shown on page _______.

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

US 17-92 CRA TARGET ZONE HEIGHT

ALTERNATIVE STANDARDS ORDINANCE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance for the U.S. 17-92 Community Redevelopment Area Target Zone Height Alternative Standards, amending the Land Development Code to create an option available in designated target zones within the CRA whereby additional height may be achieved if established design standards are met, received and filed.

     Jeff Hopper, Senior Planner, addressed the Board to present the request, stating the P&Z Commission voted unanimously on November 1, 2006, to recommend approval.  He advised that Development Review would like to change the travel lane width (page 13 of the ordinance) to 12’.  He said the Public Safety and Planning staffs have no objections to that.  The Planning staff is recommending approval of the ordinance, as amended.

     Commissioner Carey discussed the colors named in the ordinance and suggested not saying what colors are included because they would miss hundreds of choices, but put in the ordinance the colors to exclude and then the rest come naturally.

     April Boswell, Planning Director, addressed the Board to state staff could describe the earth tones so it is not so restricted in the ordinance.

     Commissioner Carey said as they go through and amend the Land Development Code, they have to address floor ratios as regards to these heights.  She said that needs to be addressed sooner than later, once this ordinance is approved.  Also, the concurrency issue needs to be addressed.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt Ordinance #2006-77, as amended, as shown on page _______, for the US 17-92 Community Redevelopment Area Target Zone Height Alternative Standards, amending the Land Development Code to create an option available in designated target zones within the CRA whereby additional height may be achieved if established design standards are met; as described in the proof of publication. 

     Under discussion, Ms. Boswell asked if the Board wants staff to clarify the wording in the ordinance so that it is not so restrictive on the colors.

     Commissioner Carey said staff will leave in the colors that can’t be used and further define what “earth tone” colors are.  Commissioner Morris suggested wording it as “colors such as, etc.”

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

     Commissioner Morris thanked the Board for carrying this item through. 

ORDINANCE/AMENDMENTS TO LDC

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of ordinance amending Chapter 2 (definition) and Chapter 60 (Arbor Regulations) of the Land Development Code (LDC) establishing canopy roads, candidate roads and tree protection zones, received and filed.

     Chairman Henley advised that staff has requested a continuance of this item.

     Motion by Commissioner Dallari, seconded by Commissioner Morris, to continue to December 12, 2006, the request to consider adoption of ordinance amending chapter 2 (definition) and Chapter 60 (Arbor Regulations) of the Land Development Code (LDC) establishing canopy roads, candidate roads and tree protection zones; as described in the proof of publication.

     Under discussion, Mr. McMillan corrected the continuance date must be January 9, 2007, instead of December 12, 2006.

     Commissioners Dallari and Morris accepted that amendment.

     Commissioner Morris stated he hopes the Board can get everyone serious on briefing the necessary people up front.

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

SMALL SCALE FLU AMENDMENT AND

REZONE/MIKE TOWERS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Small Scale Future Land Use Amendment from Low Density Residential (LDR) to Medium Density (MDR) and a rezone from A-1 (Agriculture) to PUD (Planned Unit Development) on 3.8+/- acres located on the north side of Longwood Hills Road and west of CR 427, Mike Towers, received and filed.

     Mr. Rumer presented the request and noted a change to the zoning map that the property on the east side of the site has been annexed into the city of Longwood and has a commercial designation.  He said staff is recommending approval and, per the staff findings, the P&Z Commission voted three to two to recommend approval.

     Upon inquiry by Chairman Henley, County Engineer Jerry McCollum addressed the Board to advise the driveway is probably 1,200 to 1,300 feet from the road.  Whereupon, Chairman Henley said the distance from the major road is what concerns him.

     Commissioner Morris stated that is a 140 foot right-of-way and it is probably 800 feet from the driveway to the intersection at the subject site.

     The Board discussed the annexation of the property.  Ms. Boswell stated she believes the annexation was done last year and there was probably just a delay in getting the Property Appraiser’s records updated to reflect that.

     Matt West, Ivey Planning Group, 1349 S. International Parkway, representing the applicant, addressed the Board to discuss an issue that was brought up at the P&Z meeting.  He said the P&Z Chairman was concerned that this might be out of character with medium density on the north side of Longwood Hills Road, and he felt the subdivision to the north was a low density residential subdivision in medium density land use.  Mr. West said the issue whether the property is low density or not is mute.  Seminole County defines it as medium density.  Therefore, he said this project is consistent with the land use to the north.  He thinks this design for the property is superior to what might go in on standard 50-foot lots.  He showed a picture (not received and filed) of the design and said the access point is probably 800 feet from Ronald Reagan Boulevard.  He said they are talking about 16 condominium units and he described those.  He stated the impact to the schools is minimal; it is estimated that four students will be generated.  He said he thinks this is the perfect example of a high quality development that will support the goals of having enough rooftops together with commercial.

     Mike Towers, 754 Fleet Financial Court, addressed the Board to discuss the annexation agreement regarding Seminole County and the city of Longwood.  He said it was alleged that this was something Longwood was objecting to.  He said he will submit minutes (not received and filed) from the Longwood workshop held in September that indicates clearly their position.  They had discussed the architecture involved.  The City had indicated they would like to see the Mediterranean look.  He showed some of the comments (not received and filed) of the City Commissioners.  He also showed mail (not received and filed) from Paul Sizmore, Coordinator with Longwood, stating the project does meet the Land Development Code for Longwood.  Mr. Towers said they will be doing underground retention.  He showed a memorandum (not received and filed) from Mr. Drago with his feedback on the colors on the walls, post caps, etc.  He also showed a photograph (not received and filed) of the wall with a stone finish that will be used; and LPA minutes (not received and filed).  He said they do not have and never had a stop work order from the St. Johns River Water Management District on this project.  He showed a letter (not received and filed) from the St. Johns District (dated in July) stating the applicant did not reach the threshold of requiring a St. Johns permit.  Subsequent to that, they ran into some problems which breached on the wetland site and that would have wetland impacts.  They met with St. Johns and immediately took corrective action and resolved that.  They have had one inspection and there were some other areas they wanted them to address, and he thinks that inspection has yet to be scheduled in the near future.  He showed a picture (not received and filed) of the workers and stated they have worked with staff as closely as they can on all issues.  They have had two field changes--the filtration pond and the height of the side walls that abuts the homeowner on Lot 55, Mr. Brobst.  He said they have been as forthright with the County as they possibly can and have coordinated with the city of Longwood.

     Chairman Henley explained his displeasure with information made available to him at the last moment.  He asked if the applicant’s intent is to annex into Longwood and everything he has done is approved by Longwood, then why does the County staff have to spend their time on this.  He asked why the applicant is not going ahead with Longwood so he does not have two staffs tied up.  He said the intent of the interlocal agreement is when the property changes hands.  He said according to the information, this property changed hands in March 20, 2006, but the deed has not been recorded yet.  He thinks the applicant is taking advantage of a phrase in the agreement, which does not keep with the intent of when the property changes hands.  He asked Mr. Towers why did he not go ahead and annex when he bought the property, rather than tying up the County staff.

     Mr. Towers explained that the city of Longwood has some difficulties and they are currently in litigation with the City.  He said halfway through the process, the City decided they didn’t like what the outcome of the code was going to allow and so they decided to change the code mid-stream and not grandfather them in.  Rather than bring this project forward and into that environment, they withdrew the application.  In addition, the City is in the process of changing their Land Development Code with regard to lot sizes.  They approached Commissioner Morris and contacted the County Attorney’s Office and they concurred with the assessment he had regarding this.  The best they could do was to try to work with the City, but any reliability with the City that they would not have this problem down the road when they already have it under the current project did not make any sense.

     Chairman Henley stated he raised this issue because he wanted to make a point.  He said the County has a local agreement with the cities with the intent that when property changes hands, it will automatically go in.  They have a phrase that they have upon registration.  He wants the Board to change this phrase.  There is no time limit on when they have to register a deed.  He said he doesn’t like to see that a city, where an enclave is involved, is going to have to live with the decision the County makes whether the city agrees or not.  He added he feels Mr. Towers manipulated the system.

     Mr. McMillan clarified his discussion early on to Commissioner Morris.  He said he was not providing any advice to Mr. Towers but talked about what the interlocal agreement provides.  He said it is a risky thing to not record the deed because someone else could do so and then Mr. Towers would not own the property.  It would not be proper to change the terms of the interlocal because recording of the deed is something he thinks the Property Appraiser would get antsy about if forced to track some non-activity.  The Board doesn’t have to wait for the property to be recorded.  They can enter into an agreement with the City the day that property is annexed immediately if they think someone is playing the system.  He said he doesn’t know if the Board wants to change the mechanism that triggers annexation automatically.

     Commissioner Carey stated her concern is that the County’s annexation agreement has a loophole.  She said the transfer of ownership has occurred whether the deed is recorded or not. 

     Mr. McMillan stated if the Board believes it to be an issue, they could enter into an agreement with Longwood today and say it is effective today.  Staff could talk to the City and Property Appraiser if they want to change that date, but he thinks they will want to leave it alone rather than try to learn about a recurring annexation.

     Commissioner Morris stated there is litigation occurring now on this.  With this particular property owner, there is no smoke and no fire.  The City Commission is split on this issue and litigation is occurring.  The property owner clearly has a problem with staff and management.  The property ultimately has to transfer and Mr. Towers is at risk and he knows it.  He has made his decision to do it this way.  The other thing they did not anticipate was that the County is being manipulated by a jurisdiction.  This is an isolated, particular situation they are dealing with.

     Mr. Towers stated they had a traffic study done and they are approximately 230 feet over the threshold by DOT.  They also came to the County with regard to this question.  It was a concern they had and there was a question whether they would move in a certain direction or not.  They thought they had an understanding originally on why they would not do this in Longwood.  He said no one is complaining.  It is their concern about how they proceed.

     Commissioner Carey said she understands all the situations Mr. Towers has with Longwood.  It is disappointing that when you have these agreements in place that someone is working through the process.  The fact the County has this agreement and has allowed this to happen, she thinks it may not be setting the best example.

     Robert Brobst, 251 Blackwater Place, addressed the Board to state he thinks he can answer some of the questions about why the applicant does not want this annexed into Longwood.  He said Mr. Towers has destroyed plenty of trees.  He showed a copy of an arbor study (received and filed).  He said a tree which is on his property has been run into by Mr. Towers on both sides.  He said he will cut back the side of the tree if it stays in the County, but he can’t do that if it goes into Longwood.  He said when Mr. Towers received the fill dirt permit, he would have to sign the development order in Longwood before the permit was issued.  The development order says no permits are to be issued, and lots of permits have been issued to Mr. Towers.  He said Mr. Towers cut all the tree roots of all abutting property owners.  He referred to the site plan and said Mr. Towers used a tractor and cut approximately seven feet down at his property line.  He said if you destroy the trees, there won’t be The Oaks subdivision.  He stated that is one reason Mr. Towers would like to stay with Seminole County.  He stated he’s concerned about the unheard residents of The Oaks and abutting property owners who have issues with this development.  He further said the walls were built with undersized footers.  Now there are walls built in the wetlands.  That needs to be mitigated.  He stated this property is not in compliance with St. Johns, and the gentleman from St. Johns will provide a letter when the property is in compliance.  He said the retention ponds were built without permits.  Some of the residents feel Seminole County government has mismanaged this project because permits were issued against the development order that says no permits would be issued.  He said Mr. Towers should annex now into the city of Longwood.  The City has a tree ordinance that would further protect the abutting property owners.

     Chairman Henley advised of two Written Comment Forms from Patsy Alderson and Janis Liro.

     At the request of Commissioner Morris, Planning & Development Director Dori Debord, Larry Goldman, Building Director, and Brian Potts, Development Review Manager, addressed the Board to answer questions.  Ms. Debore stated Mr. Goldman has a list of all the permits that have been issued on this project.

     Mr. Goldman advised that only one building permit was issued on the wall.  It was inspected and does meet the minimum standards of the Florida Building Code. 

     Mr. Potts said he had a copy of the noncompliance letter and staff has called St. Johns.  As of yet, this has not been resolved.  The only issue, and it was really because of staff error, is that staff issued a masquerading permit and there is nothing in the Land Development Code that gives staff the authority to do or not do that.

     Commissioner Morris asked Mr. Potts if he has seen any duplicity because of the error that staff made, and he answered no.

     Ms. Debord stated permits issued were based on what the property owner could do on single-family property at that time. 

     Mr. Goldman said the footers had been revised to meet the new requirements.  They did pass inspection and meet the code.  He believes the tallest point of the wall is 11 feet along Mr. Brobst’s point.

     DCM Don Fisher addressed the Board to advise the property was zoned agricultural and there is no height restriction on agricultural zoning.

     Janis Liro, 361 Lazy Acres Lane, addressed the Board to state she lives in the area and has seen this property get totally demolished and destroyed.  She was told this was the beginning to have the property rezoned and she heard rumors that the applicant was going to do condominiums.  She said this is appalling what has been done to this property and she is hearing now this has been allowed without the deed being recorded yet.  It is appalling to think condos fit into this area.  Also, she said there is a very dangerous curve in the area already.  She said she doesn’t have a lot of confidence that the County is monitoring what is happening here. 

     Commissioner Morris asked Ms. Liro if she was aware of what the Commission did, that they have been responsible, particularly with Lazy Acres.  He said for six years the County has defended this neighborhood against Longwood.  He said he hopes she will put that into context with this parcel that is next to the former AT&T tower, which is a commercially-zoned property.  He said these are townhomes and the same property under agricultural exemption could have been cleared lawfully.  The wetlands will be protected by the St. Johns River Water Management District.  Those same things would have occurred in Longwood on that piece of property.  He said this is the same Longwood the County Commission protected her neighborhood from.  He stated the subject property is not in the Lazy Acres neighborhood, but Ms. Liro drives by it to get to her neighborhood.

     Ms. Liro stated she appreciates what the County Commission did for them in Lazy Acres.  She asked if there are any townhomes within three miles of the subject area.  She said single-family homes were put in and are very beautiful.

     Mr. Towers gave rebuttal comments concerning the other neighboring subdivisions; the cost of this project; height of the wall; the permits; the question of why they are not annexed into the City; the question of the tree roots; their letter in receipt from the St. Johns District; the annexation agreement; and Mr. Brobst’s interest in this project.

     No one else spoke in support or in opposition.

     The Speaker Request Form for Mr. Brobst was received and filed.

     Upon inquiry by Commissioner Carey, Mr. Potts advised staff talked to St. Johns regarding their issuance of a letter of violation that was dated May 30.  Letters dated September 11 from Mr. Towers were about the violation.

     Commissioner Carey stated she hopes that any staff who were here that helped Mr. Towers circumvent the system is not still with the County.  She knows he has not gone outside the letter of the law but outside the intent.  She is very disappointed with the way this was handled by the County’s staff.

     Chairman Henley said he shares a lot of those comments and this is very distasteful to him.  He thinks there has been some manipulation going on, but the applicant has not violated the law; and the fact is he has not had anyone, other than Mr. Brobst, approach him in opposition.  Therefore, he will recommend approval.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to enact Ordinance #2006-78, as shown on page _______, adopting a Small Scale Land Use Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR); and enact Ordinance #2006-79, as shown on page _______, rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) 3.8+/- acres located on the north side of Longwood Hills Road and west of CR 427, subject to the Preliminary Master Plan and Development Order, as shown on page _______; and authorize the Chairman to execute the documents; as described in the proof of publication, Mike Towers, based on staff findings.

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

     Commissioner Morris stated he hopes the comments of Commissioners Henley and Carey are well taken.  He hopes Mr. Towers moves this process through the city of Longwood and approaches them and gets that taken care of.  He thinks the Board handled this right and he doesn’t think this is one of those cases that is going to be repeatable.  He hopes Mr. Towers will move forthrightly and get the annexation done and he hopes that is his intent.

     Chairman Henley stated he hopes this is an isolated case also.  He said the County Manager has assured him that things will be straightened out. 

     Commissioner Dallari stated Mr. McMillan did say he could probably look into a different type catalyst to transfer this.  Whereupon, Mr. McMillan said he could discuss it with Mr. Towers, but he thinks it is better off to leave things as is and have staff to set a limit on the transfer, and if it is not recorded, the Board could then consider whether they want to amend the agreement.

     Commissioner Van Der Weide left the meeting at this time.

     Ms. Coto advised the Board that all the players who the Board heard from today were not involved in this.

     Commissioner Carey said this is a bad example of how to go about doing development business and she doesn’t want to see this happen again.

     Chairman Henley said he thinks Ms. Coto has made it plain that if a situation comes up where staff becomes aware of an enclave, they will call it to the Board’s attention.

LARGE SCALE FUTURE LAND USE AMENDMENT

AND REZONE/STEVE VALENTINE, JTC, INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Large Scale Future Land Use Amendment from Suburban Estates (SE) to Planned Development (PD); and rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for 54+/- acres located on the southwest corner of South Lake Sylvan Drive and Orange Boulevard, Steve Valentine, JTC, Inc., received and filed.

     Chairman Henley advised that staff has requested a continuance.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to December 12, 2006, the public hearing to consider a Large Scale Future Land Use Amendment from Suburban Estates (SE) to Planned Development (PD); and rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for 54+/- acres located on the southwest corner of South Lake Sylvan Drive and Orange Boulevard; as described in the proof of publication, Steve Valentine, JTC, Inc.

     No one spoke in support or in opposition.

     Districts 1, 2, 4 and 5 voted AYE.

     Commissioner Van Der Weide returned to the meeting at this time.

CAPITAL IMPROVEMENTS, IMPLEMENTATION

AND TRANSPORTATION ELEMENT

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an ordinance to amend the text of the Seminole County Comprehensive Plan to enable the use of Proportionate Fair-Share funding of a transportation improvement and authorize transmittal of the proposed amendments to the State Department of Community affairs (DCA), received and filed.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to continue, as requested by staff, to December 12, 2006, the public hearing to consider adoption of an ordinance to amend the text of the Seminole County Comprehensive Plan to enable the use of Proportionate Fair-Share funding of a transportation improvement and authorize transmittal of the proposed amendments to the State Department of Community affairs (DCA); as described in the proof of publication. 

     No one spoke in support or in opposition.

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

2006 FALL LARGE SCALE PLAN AMENDMENT

CYCLE ADOPTION ORDINANCE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a single ordinance adopting the approved 2006 Fall Large Scale Plan Amendments to the Vision 2020 Seminole County Comprehensive Plan, received and filed.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to continue, as requested by staff, to December 12, 2006, the request for a public hearing to consider adoption of a single ordinance adopting the approved 2006 Fall Large Scale Plan Amendments to the Vision 2020 Seminole County Comprehensive Plan, as described in the proof of publication.

     No one spoke in support or in opposition.

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

PROPORTIONATE SHARE ORDINANCE

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the Proportionate Share Ordinance to establish a method whereby the impacts of development on transportation facilities can be mitigated, received and filed.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue, as requested by staff, to December 12, 2006, the public hearing to consider adoption of the Proportionate Share Ordinance to establish a method whereby the impacts of development on transportation facilities can be mitigated, as described in the proof of publication.

     No one spoke in support or in opposition.

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

COMMUNICATIONS AND/OR REPORTS

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

 1.  Letter dated 10/26/06 to Sir/Madam (with attachment) from Victoria Kroger, Office of Budgeting & Management Reporting Director-St. Johns River Water Management District, re: 2006/07 Water Resource Development Work Program.  (BCC, Co. Manager, Deputy Co. Manager, Public Works Director, Environmental Services Director)

 

 2.  Copy of letter dated 10/27/06 to Lynetta White (with attached resume) from Gretchen Venn, Executive Assistant, re: Receipt of volunteer appointment information form.

 

 3.  Copy of memorandum dated 10/20/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

 4.  Notice of Altamonte Springs public hearing for annexation on November 21, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager, Elections, Property Appraiser)

 

 5.  Notice of commission service hearing by the Florida Public Service Commission on November 16 and December 13, 2006 re: Petition to recover 2005 tropical system related costs and expenses by Embarq.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney)

 

 6.  Notice of commission service hearing by the Florida Public Service Commission on January 4, 2007 re: Petition to recover 2005 tropical system related costs and expenses by Embarq.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney)

 

 7.  Letter dated 10/20/06 to Chairman (with attachment) from John Litton, City Manager-City of Lake Mary, re: Adoption of resolution supporting Seminole County 2006 Natural Lands and Trails Referendum.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Natural Lands)

 

 8.  Copy of letter dated 10/23/06 to Ronald McLemore, City Manager-City of Winter Springs (with attachment), from Cynthia Coto, Co. Manager, re: Conceptual plan for Jetta Point park.

 

 9.  Letter dated 10/17/06 to Chairman from Norman Wolfinger, State Attorney, re: District 24 Medical Examiner search committee.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Community Services Director)

 

10.  Copy of letter dated 10/19/06 to Kids Together of Lake Mary from Kenneth Roberts, Director-Public Safety, re: Appreciation for recent donation.

 

11.  Contract for services, as shown on page _______, between Seminole Co. Government and the following:  Barbara Mack (Scorekeeper softball), Shauna Rose Johnson (Scorekeeper), and Sean Kent (Umpire slow pitch softball).

 

12.  Letter dated 11/03/06 to Chairman from Diane Pickett Culpepper, Bright House, re: Upcoming changes to Bright House Network’s channel lineup.

 

13.  Letter dated 11/03/06 to Huntington Pointe Neighbors (with attachment) from John Litton, City Manager-City of Lake Mary, re: Annexation of Huntington Pointe Phases 4A, 4B and 4C.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Planning and Development Director, Planning Manager)

 

14.  Florida Public Services Commission Bulletin re: Alafaya Utilities, Inc.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Environmental Services, Co. Attorney)

 

15.  Letter dated 8/25/06 to Chairman from Roy Beck, Executive Director-Numbers USA, re: Added costs of illegal aliens.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Sheriff)

 

16.  Letter dated 10/26/06 to Community Partner (with attachment) from Ann Brown Payne, President-The Alliance, re: Transmittal of FY 2006 3rd Quarter Progress Report.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Economic Development Director)

 

17.  Letter dated 10/24/06 to Chairman from Matthew Hodge, Executive Director-SCC Foundation, Inc., re: Appreciation for recent contribution.  (cc:  BCC)

 

18.  Letter dated 10/31/06 to Chairman (with attachment) from Patsy Wainright, City Clerk-City of Altamonte Springs, re: Annexation public hearing (I-4 south of SR 434 & east of Douglas Ave.) on November 21, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning and Development Director, Supervisor of Elections, Property Appraiser)

 

19.  Letter dated 10/31/06 to Chairman (with attachment) from Patsy Wainright, City Clerk-City of Altamonte Springs, re: Annexation public hearing (9439 Forest City Cove) on November 21, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning and Development Director, Supervisor of Elections, Property Appraiser)

 

20.  Memorandum dated 10/30/06 to BCC from Sheriff Donald Eslinger re: Salary range adjustments for deputy sheriffs.

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Morris expressed thanks to the Commissioners for a wonderful day and a great send-off.  He said thank you to the spectacular staff; and stated his only regret is since Ms. Coto has come on board, he wishes he had more time to work with her.

     Chairman Henley and Commissioner Carey thanked Commissioner Morris.

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     Commissioner Van Der Weide reported that everything is still great in his district.  He said he has sent an e-mail on what’s about to happen with the Sweetwater Country Club Port, which happens to be in Orange County.  The latest on Sabal Point Country Club is that they have the paper work and the fine print says they hope they reopen the golf course in October, 2008.

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     Commissioner Carey stated it’s an interesting week around the County.  She and Chairman Henley attended the Center for Affordable Housing’s 25th Anniversary.  She also attended the Dream Center luncheon.  Commissioner Carey reported that over $311,000 of commitments was raised at the breakfast for Kids House.  She thanked Commissioner Morris for having the vision to kick-start Kids House.

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     Commissioner Carey thanked Gary Rudolph, Water and Wastewater Division, and Mr. Fisher for a tour of the Yankee Lake Water Treatment Facility.  She saw some of the planned expansions and wildlife, and saw some things they need to do to make sure the facility is safe and in compliance.

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     Commissioner Carey advised that November 17 is National Adoption Day and a celebration will be held from 2:00 to 4:00 p.m. at the Juvenile Justice Center.  She invited all the Commissioners to participate in that.

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     Commissioner Carey announced that on November 20, 10:00 a.m. at the State Farmers Market, there will be the dedication of the historical marker.  She invited all the Commissioners to come out and join her for that.

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     Commissioner Carey wished all the Commissioners a Happy Thanksgiving.

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     Commissioner Dallari stated the past month he had dinner with Wicklow County and it was brought up the County has not had any recognition county-wide for their sister counties.  He asked for consensus to ask staff what the cost would be to put that on the entrance signs to the County.

     Chairman Henley stated the CRA might be able to handle that. 

     Commissioner Dallari said he thinks it is important that the County does recognize them.  Also, County Wicklow is celebrating their 400th anniversary and want to know if the Board is planning a trip there.

     Chairman Henley said he had not received any information on that.  Normally, they receive information from them and the Commissioners go on an invitation to events that are significant.

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     Chairman Henley stated he sent a letter to each of the Commissioners’ Aides that he received from the IRS about a late payment.  It was about 11 months and IRS was asking for an explanation as to why it was late.  If the explanation given is not acceptable, there might be consequences.

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     Commissioner Dallari congratulated staff on the garage sale for the Agricultural Center and Good Samaritan Home that made quite a bit of money.  Also, he congratulated all individuals that gave different items in that sale.

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     Commissioner Dallari advised that this coming Saturday is “Great Day in the Country” in the city of Oviedo, and he wished everyone Happy Thanksgiving.

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     Commissioner Morris stated there will be an additional recommendation coming from Standard & Poor’s.  For the first time, they are giving the County an AA rating for their general obligation.  The County has not been rated before.  He urged all of the Commissioners to read the Moody write-up, which is extensive and compares the County to four other counties.  He said they asked them for that direct comparison.  He said the Citi Corp folks will be happy to brief the Board on that.  The write-up for Standard & Poor’s has not come out yet.  It explains why they have great confidence in the County.  He said the County is not going to make an AAA rating.  The next step would be to get a plus rating.  He thinks it’s a great rating.  He said he hopes the Commissioners read it and then if they have any questions about it, Citi Corp can answer their questions.  He again complimented the staff, Citi Corp and Gary Akers.

COUNTY MANAGER’S REPORT

     Ms. Coto stated at the last meeting she discussed they had 120 days to respond regarding the Oviedo CRA request and that would be before the next BCC meeting on December 8.  She and Mr. Fisher have met with Mr. Seeber (Oviedo City Manager) and Mr. Cobb (Planning Director) on October 30 and discussed a continuance.  The City agreed to extend the clock to June 30, 2007.  Mr. Seeber brought this before the Oviedo Council and they concurred with that.  She asked for concurrence from the BCC as well.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to endorse the verbal agreement that the County Manager made with the Oviedo City Council regarding extending the time to June 30, 2007, to respond to the request for a CRA.

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

     Oviedo Mayor Thomas Walters addressed the Board to state their Council discussed this last night and it was their consensus to continue this.  He said it is very much their desire to establish a CRA; however, it is the first time they have done such so they are growing as they get into the process.  They appreciate the continuance to June 30, 2007.  He congratulated Commissioner Morris on graduating and moving on.  He represents parts of Oviedo and has been very good to them.  He said the city of Oviedo has enjoyed the top cover from Commissioner Morris as well as Commission Dallari, and he wants to wish him the very best as he moves on.

     Commissioner Morris thanked Mayor Walters for his comments.

     Chairman Henley asked Mayor Walters to discuss the latest encounter with UCF (University of Central Florida).  Mayor Walters said he met last month with UCF and they are now in a very good position.  He said one of the things they had initially said was they wanted to avoid traffic going through Oviedo.  At their second meeting, he asked how they could limit traffic when the residents of Oviedo are the fans.  He said UCF has been listening to them and the Sheriff’s representative and County planners have been attending their meetings.

     Chairman Henley stated he has had several conversations with some of the people and some of the Board of Trustees.  He has had assurance that whatever the problems, they will try to work them out to minimize the impact to the community.

     Commissioner Dallari stated the Board will be getting monthly updates from the traffic consultants and they are putting on the final “tweaks” on trying to control the traffic.  He said if the Mayor would like, he will set up a meeting with him.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:48 p.m., this same date.

 

ATTEST _______________________Clerk ____________________Chairman

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