BOARD OF
FEBRUARY 26, 2008
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, February 26, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Michael McLean (District 2)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner
Clerk of Court Maryanne Morse
County Manager Cindy Coto
Deputy Clerk Eva Roach
The
Invocation was given by Pastor Rico Sharp, Spirit of Truth Worship Ministries,
Commissioner
Dallari led the Pledge of Allegiance.
AWARDS
AND PRESENTATIONS
Chairman
Carey stated a report on the fertilizer issue will be presented at the Wekiva
Basin Task Force meeting tomorrow.
Commissioner
McLean stated there has been a slight change to the resolution and he will read
that into the Record.
Motion by Commissioner McLean, seconded by
Commissioner Dallari to adopt appropriate Resolution #2008-R-68, as shown on
page ________, supporting the recommendations of the Florida Consumer Fertilizer
Task Force.
Chairman
Carey advised the change to the resolution is the “fee would come back to the
counties and cities where it was
generated”.
Districts 1, 2, 3, 4 and 5 voted AYE.
2. Award
CC-2486-07/VFT, as shown on page _________, Roof Replacement at the Seminole
County Services Building to Bonner Roofing & Sheet Metal Company, Sanford,
FL in the amount of $989,469.00 for all labor, materials, equipment,
transportation, coordination and incidentals necessary for roof replacement at
the Seminole County Services Building, 1101 E.
3. Award
CC-2521-07/JVP, as shown on page _________, Cross Seminole Trail South in the
amount of $575,535.25 to American Persian Engineers and Constructors, Inc.
(APEC) of Orlando, Florida for all labor, materials, equipment, transportation,
coordination and incidentals necessary to construct a 1.049 mile trail
including, but not limited, to site preparation, asphalt trail pavement,
landscape, park furniture, and concrete sidewalk with emphasis on highly
aesthetic, quality finished products and 0.181 mile wetland mitigation.
4. Award
CC-2822-07/VFT, as shown on page _________, Jamestown Sanitary Sewer Project to
Cathcart Contracting Company, Winter Springs, FL in the amount of $524,450.00,
for all labor, materials, equipment, transportation, coordination and
incidentals necessary to construct a sanitary sewer system in Jamestown,
Seminole County, Florida, located off of State Road 426 approximately 2 miles
south of W. Mitchell Hammock Road.
5. Approve
the negotiated rates and award PS-2249-07/BHJ, as shown on page ________,
Continuous Construction Engineering and Inspection Services Agreement for
Construction Projects less than $1 Million with DMJM Harris of Orlando,
Florida; Keith & Schnars, Inc. of
6. Approve
the negotiated rates and award PS-2564-07/JVP, as shown on page _________,
Miscellaneous Capacity and Safety Improvements to Kittelson & Associates,
Inc., of
Support
Services
7. Approve
and authorize the Chairman to execute Reflections of Seminole County, LLC
Subordination, Non-Disturbance, and Attornment Agreements, as shown on page
________, for four (4) leases:
Community
Service
Community
Assistance
8. Approve
and authorize the Chairman to execute the Seminole County/The Center for
Affordable Housing, Inc. HOME Program Rental Housing Development Subrecipient
Agreement, as shown on page ________, Program Year 2006-2007.
Economic
Development
Operations
9. Adopt
appropriate Resolution #2008-R-70, as shown on page __________, approving the
issuance of industrial development revenue bonds for the purpose of financing
all or part of the acquisition and renovation of a facility located at
Environmental
Services
Business
Office
10. Pulled from agenda request
to approve termination of the Conditional Utility Agreement for Sewer Service
for the project known as
11. Approve release of the original Water & Sewer Cash Maintenance
Bond in the amount of $935.00 for the project known as Curley Medical Staff
Solutions.
Planning
Engineering Inspections
12. Approve and authorize the Chairman to execute an Amendment, as
shown on page ________, to the Exhibit “G” for Reclaimed Water Service for the
project known as Long Pond.
Solid
Waste Management
13. Approve index adjustment for solid waste residential collection
services as required by Franchise Agreements, effective January 1, 2008.
Fiscal
Services
14. Approve and authorize the Chairman to execute the Modification, as
shown on page ________, of the Subreceipient Agreement for Annual Maintenance
to MARC Units in acceptance of revisions to the expiration and reimbursement
dates, list of items to be sustained on the units, and total allocation for
sustainment reimbursement.
15. Approval to submit a grant application to the Florida Department of
Environmental Protection requesting $200,000.00, to be used for enhancements to
the Cross Seminole Trail between the Oviedo Trailhead to the pedestrian
overpass at SR 434, through their Recreational Trails Program, and authorize
the County Manager to execute supporting documents.
Budget
16. Approve and authorize the Chairman to execute appropriate
Resolution #2008-R-71, as shown on page __________, implementing Budget
Amendment Request (BAR) #08-42 through the General Fund and Fire Protection
Fund in the amount of $173,302.00 for the replacement of 38 portable radios,
chargers and associated annual maintenance fees.
17. Approve and authorize the Chairman to execute appropriate
Resolution #2008-R-72, as shown on page _________, implementing Budget
Amendment Request (BAR) #08-44 through the Solid Waste Fund in the amount of $36,750.00
to appropriate for the replacement of a water tanker.
Leisure
Services
Parks
and Recreation
18. Approve and authorize the Chairman to execute a Special Priority
Use Agreement, as shown on page ________, with Seminole Softball Club, Inc. and
to further approve the mutual termination of the existing Special Priority Use
Agreement.
Library
Services
Museum
19. Approve and authorize the Chairman to execute an Agreement, as
shown on page __________, with Mid-America Arts Alliance for $6,000.00
(including a $1,500.00 deposit fee) for the traveling exhibit "Linedrives
and Lipstick: The Untold Story of Women's Baseball" to be held at the
Museum of Seminole County History from April 6, 2009 to May 25, 2009.
Planning
and Development
Development
Review
20. Approve and authorize the Chairman to execute the final plat for
Terracina at Lake Forest, containing 74 townhome lots and 4 commercial lots on
a 42.5 acre parcel zoned PUD (Planned Unit Development), located on the north
side of SR 46 at the intersection of International Parkway, and approximately 1¼
miles west of I-4, in Section 30, Township 19 S, Range 30 E. (Taylor Morrison
of Florida, Inc., Robert T. Hattaway, and Fifth Third Bank)
Engineering
21. Accept and authorize the Chairman to execute a Perpetual Stormwater
Easement, as shown on page ________, for the Sweetwater Cove Tributary Surface
Water Restoration Project, Phase IIIB - Dredging/Revegetation of Sweetwater
Cove Lake, from Roll L. Bond & Annabella J. Bond.
22. Adopt appropriate Resolution #2008-R-73, as shown on page
_________, and authorize the Chairman to execute a Local Agency Program (LAP)
Agreement, as shown on page __________, with the Florida Department of
Transportation (FDOT) to reimburse funding to the County for the construction
of Phase 2 of the Cross Seminole Trail South Project (FDOT - FPN:
416621-1-58-01).
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner McLean, seconded
by Commissioner Dallari to authorize and approve the following:
Litigation
23. Approval
of proposed settlement relating to Parcel Number 143, Mosley property on the
24. Approval
of proposed settlement relating to Parcel Number 144, Yates property on the
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner Henley to authorize and approve the following:
Clerk’s Office
25. Approval of Expenditure Lists, as shown on page
_________, dated January 28 and February 4, 2008; approval of Official Minutes
dated January 22, 2008; and noting, for information only, the following Clerk’s
received and filed:
1. Change
Order #1, as shown on page ________, to CC-2143-07.
2. Original
Notice and Proofs of publication, as shown on page ________, for the Notice of
Tax Impact of the Value Adjustment Board for Tax Year 2007.
3. Letter
to David Butler, Dept. of Revenue, from Sandy McCann, Deputy Clerk, forwarding
a certified copy of the Notice of Tax Impact of the 2007 VAB advertisement and
proof of publication.
4. Right-of-Way
(
5. Right-of-Way
(
6. Right-of-Way
(
7. Right-of-Way
(
8. Certificate
of Completion, as shown on page _________, for Work Order #13 to CC-1075-06.
9. Certificate
of Completion, as shown on page _________, for CC-0926-06.
10. Change Orders #6 and #7, as shown on page _________, to CC-0569-06.
11. Title Insurance, Corporate Warranty Deed and Temporary Construction
Easement, as shown on page _________, for County Road 15 (
12. Work Order #6, as shown on page _________, to RFP-4232-04.
13. Title Opinions, as shown on page _________, for
14. IFB-600277-07 Term Contract, as shown on page __________, with High
Reach Company, LLC.
15. Basic Contract #M-3094-08, as shown on page __________, with Oscar
Juarez & Assoc.
16. Second Amendment, as shown on page _________, to M-469-04, Mindset,
Inc.
17. Work Order #90, as shown on page __________, to PS-5165-04.
18. Change Order #1, as shown on page __________, to CC-2098-07.
19. Maintenance Bond, as shown on page _________, in the amount of
$126,207.51 for Hawthorne Glen Townhomes.
20. Right-of-Way Utilization Permit Maintenance Bond, as shown on page
_________, in the amount of $4,174.40 for
21. Basic Contract #M-3043-08, as shown on page __________, with
Professional Engineering Consultants, Inc.
22. Work Order #12, as shown on page __________, to RFP-0778-06.
23. Work Order #21, as shown on page __________, to CC-1075-06.
24. Work Order #14, as shown on page __________, to PS-1501-06.
25. Change Order #1, as shown on page __________, to Work Order #5 for
CC-0012.
26. Second Amendment to Litigation Consultant Services Agreement, as
shown on page __________, with Gerson, Preston, Robinson & Company, P.A.
27. Maintenance Bond, as shown on page _________, in the amount of
$8,199.70 for Lowe’s
28. Change Order #2, as shown on page __________, to CC-0376-05.
29. Work Order #5, as shown on page _________, to PS-5140-03.
30. Work Order #1, as shown on page _________, to PS-2108-07.
31. Maintenance Bond, as shown on page _________, in the amount of
$1,304.10 for Traditions at Alafaya, Phase 2 Colonial Bank.
32. Letter to Maryanne Morse, Clerk of the Circuit Court, from City
Clerk Sarah Mirus, city of
33. Memorandum to Liz Parkhurst, Planning & Development, from Sandy
McCann regarding P&D Documents.
34. Work Order #67, as shown on page _________, to PS-5150-03.
35. Memorandum to Cindy Coto,
36. Amendment #1, as shown on page __________, to Work Order #18 for
PS-1074-06.
37. Work Order #89, as shown on page __________, to PS-5165-04.
38. Assignments of Conditional Utility Agreement, as shown on page
_________, for Potable and Reclaimed Water Service and Sewer Services between
CWC Investments and Lifeway Homes, LLC.
39. Development Order, as shown on page ________, for Lee Ranch, Inc.
40. Funding Agreement, as shown on page ________, for the Central
Florida Regional Commission on Homelessness, as approved by the BCC on Oct. 23,
2007.
41. Amendment #1, as shown on page _________, to Work Order #22 for
PS-0381-06.
42. Change Order #2, as shown on page _________, to CC-1123-06.
43. Letter of Credit, as shown on page _________, in the amount of
$666,583 for Grande Oaks.
44. Bids as follows: CC-2486-07;
Bid Packages Information on CD for CC-2486-07, CC-2648-07, and CC-2822-07.
Districts
1, 2, 3, 4 and 5 voted AYE.
SHERIFF’S OFFICE
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize
and approve the following:
26. Approval to contribute $1,000.00 from the Law
Enforcement Trust Fund to provide funding in support of Mothers Against Drunk
Driving (MADD).
27. Approval to contribute $200.00 from the Law
Enforcement Trust Fund to provide funding in support of
28. Approval to contribute $2,000.00 from the Law
Enforcement Trust Fund to provide funding in support of the Rising Achievers
Program sponsored by the Rotary Club of Seminole County South.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Meloney
Lung, Support Services, addressed the Board to seek direction on the purchase
of Parcel #04-21-31-300-002E-0000, which is approximately 1.46 acres located at
1005 Jetta Point, owned by Charles W. Clark.
She stated staff received two appraisals and the Board directed staff to
offer $302,500 for a 30-day offer. Mr.
Clark counter offered $325,000 with a 30-day offer.
Commissioner
McLean stated he feels the Board should move ahead and accept the $325,000
offer. He stated it is not necessary for
the County to use that parcel but it will give them advantage for parking and
logistics of not having to work around this parcel. He suggested accepting Mr. Clark offer at $325,000
for that parcel.
Chairman
Carey stated the three options that the Board can stick with the $302,500;
accept Mr. Clark’s counteroffer of $325,000; or split the difference between
the $302,500 and $325,000. She stated
she would prefer splitting the difference.
Commissioner
Motion by Commissioner Dallari,
seconded by Commissioner McLean to split the difference of $302,500 and $325,00
and authorize staff to make the best and final offer of $313,000 for Parcel #04-21-31-300-002E-0000,
which is approximately 1.46 acres located at 1005 Jetta Point, owned by Charles
W. Clark.
Districts
1, 2, and 5 voted AYE.
Commissioners
Henley and Van Der Weide voted NAY.
Upon
inquiry by Ms. Coto, Chairman Carey advised if Mr. Clark accepts the offer of
$313,000, staff will not need to bring it back to the Board.
Mr.
McMillan clarified with the Board that this is going to be a take it or leave
it offer.
Commissioner
Dallari stated if Mr. Clark is not willing to accept the offer, then he will
need to find another use for the property.
-------
Austin Watkins, Planning, addressed the Board
to present request to approve the Final Master Plan and Developer’s Commitment
Agreement for the River’s Edge Preserve PUD, consisting of 9.99+ acres, located
on the east side of SR 415, approximately 1 mile north of the intersection of
SR 46 and SR 415, Daly Design Group. He
stated the applicant is proposing 31 detached single-family dwellings with a
minimum lot size of 6,000 sq. ft. Staff finds
that the proposed final master plan and developer’s commitment agreement
complies with all the conditions contained in the approved development order.
Commissioner
Henley stated over the last few years the Board discussed bus pullouts on major
transportation routes but not a great deal has been done about that. He stated he is concerned that they may wind
up allowing buses to stop all traffic or provide pullouts in the future as more
and more buses will be added. Therefore,
he feels making provisions for future growth is something they should try to
accomplish since more buses are added throughout the County.
Tom
Daly, applicant, addressed the Board to state any kind of bus pullouts will be
subject to FDOT and he will be happy to work with the Engineering Dept. and
FDOT regarding this. He stated since FDOT
is doing the design work, it would be a great opportunity for the County to
look at coordinating where these will go.
Commissioner
Dallari stated there is no requirement in the Land Development Code, but as
long as the applicant is willing to work with staff in providing some type of
coordination, he will accept that.
Mr.
Daly stated the master plan does not show the four-laning of the road but, as
those plans progress, he can work with everyone.
District
Commissioner Carey recommended approval of the request as submitted.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to approve the Final Master Plan and
Developer’s Commitment Agreement, as shown on page ________, for the River’s
Edge Preserve PUD, consisting of 9.99+ acres, located on the east side of SR
415, approximately 1 mile north of the intersection of SR 46 and SR 415, Daly
Design Group, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
Coto stated she would like to clarify the Board meetings for November and
December. She stated the November 11,
2008 meeting is on a holiday (Veterans Day) and she would recommend moving that
meeting to November 18, 2008.
Commissioner
Henley stated he will not be attending the March 11, 2008 meeting as he and his
wife will be in
Mr.
McMillan stated the reorganization meeting was originally scheduled for
November 18, 2008 and now it will be a full Board meeting along with the
reorganization. He stated since it is an
election year and if there is a change of membership, he would recommend
holding the reorganization meeting at the beginning of the meeting and then
conduct the full Board meeting after that.
Chairman
Carey recommended beginning the swearing in and reorganization at 8:30 a.m. and
then conduct the regular meeting at 9:30 a.m.
The Board voiced no objections.
Ms.
Coto stated December 9, 2008 would be the only meeting in December unless the
Board directs her otherwise.
-------
Ms.
Coto informed the Board that
Upon
inquiry by Chairman Carey, Ms. Coto advised that Mr. McDermott was asked to
serve in a capacity relating to economic development. The Board voiced no objections.
Mr.
McMillan stated he sent the Board a copy of the Orange County Task Force
proposed Ethics Ordinance to see if they would like to add additional
information pertaining to same. The
draft ordinance basically incorporates the things that the Board still has
authority to do after the court ruling.
Commissioner Henley has provided him with an ethics consolidated report
submitted by
Commissioner
Van Der Weide stated he feels the Board should at least do what the voters
instructed them to do.
Mr.
McMillan stated there were discussions that once they receive
Chairman
Carey recommended circulating the additional information to the Board to allow
them to discuss with the
Mr.
McMillan stated staff will advertise the basic ordinance for adoption at the
March 25, 2008 meeting.
Motion by Commissioner Dallari,
seconded by Commissioner Henley to authorize advertising a public hearing
relating to the basic Ethics Ordinance and scheduling same for March 25, 2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
The
Chairman recessed the meeting at 10:03 a.m., reconvening at 1:30 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.
PROOFS
OF PUBLICATION
Motion by Commissioner Henley, seconded
by Commissioner McLean, to authorize filing the proofs of publication for this
meeting’s scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
BELLA WOODS REZONE FROM A-1 TO
R-1AAA/LARRY W. HODGES
Proof
of publication, as shown on page _______, calling for a pubic hearing to
consider rezoning approximately 3.34 acres located on the north side of Dike
Road, approximately 900 feet east of the intersection of Tuskawilla Road and
Dike Road, from A-1 (Agriculture) to R-1AAA (Single-family Dwelling); Larry W.
Hodges, received and filed.
Austin
Watkins, Senior Planner, addressed the Board to present the request, stating
staff conducted the lot size compatibility analysis and determined the analysis
supports the request to R-1AAA zoning classification. The Planning and Zoning (P&Z) Commission
voted five to 0 on January 9, 2008, to recommend denial of the request to
rezone. The staff recommends Board
approval of the request to rezone to R-1AAA.
Chairman
Carey advised she has received and read the Written Comment Forms (received and
filed) submitted and they will be routed to the Commissioners for review.
Larry
Hodges, applicant,
No
one spoke in support of the project.
Mark
Crone, representing Stonehurst Development Corporation,
Upon
inquiry by Chairman Carey, Mr. Crone advised they did provide the provision for
access from Stonehurst to the property.
He explained the lot in his ownership won’t have access from Stonehurst
because it would have to be developed as part of Stonehurst to do that. He said their lot by itself is not
developable.
Upon
inquiry by Commissioner Dallari asking if the four lots would be landlocked by
this development, Mr. Watkins said Lots 11A through to 11B have an
easement. The access allows for
non-exclusive ingress and egress on the property from
Ian
Phillips,
Mr.
Watkins advised on Mr. Phillips’ comments that, as stated, the scenic corridor
overlay zoning district does not apply to this area but to the rural or eastern
side of the County. Further, he said the
mixed development protection is governed by
Tina
Williamson, Assistant Planning Manager, addressed the Board to comment on
Section 30.1341, Front yard exceptions in dwelling districts. She said when this property goes to the
subdivision process,
Mr.
Watkins further stated that Section 30.1345 applies only in residential zoning
districts and does not apply when there is R-1 with A-1 adjacent to it.
Jody
Lazarus,
Chairman
Carey clarified with Mr. Watkins that the 150’ separation does not apply in
this scenario.
Jami
McCutcheon,
Jim
Womble,
Mr.
Watkins confirmed for Chairman Carey that the subject homes would be required
to connect to the water line off
Regarding
inquiry by Commissioner Dallari concerning the drainage issues, Mr. Watkins
said the project would have to meet the Land Development Code regulations.
Jerry
McCollum,
Upon
direction from Chairman Carey, Mr. McCollum explained how the drainage is
handled when the site is cleared of the trees, stating whatever water is
running off the site now has to be contained on the site. Also, the water has to be treated.
Shar
Moore,
Chairman
Carey asked staff to discuss the separation between septic tanks and wells
required by the Health Department for safety.
Dori
DeBord, Planning & Development Director, addressed the Board to state if a
project is on water, it has to be at least one-quarter acre in order to have a
septic tank and a potable water system.
If there is to be a septic system and well system, it has to be a half
acre. She said as the project gets to final
engineering, staff will be working very closely during the development review
process with the Utilities, Environmental Services and the Health Department to
get an exact handle on what the applicant anticipates doing.
Commissioner
Dallari asked what would be the requirement of putting in a septic system on a
new piece of property where there is an existing well on the adjacent
property.
Ms.
DeBord said as this project goes into platting, the Health Department will know
where the well systems are on the existing properties and they will site the
septic systems in the best location on each individual lot. This will occur during final
engineering. Her staff will let the
Health Department know that residents in the area have raised concerns about
where the water table is with regard to the well and septic systems.
Chairman
Carey asked Ms. DeBord to confirm with the Health Department what the
separation is between a well and a septic tank.
Blair
Walters, 4665 and
Mr.
McCollum commented on what the impact of the six houses being added to the
neighborhood, stating the road is in pretty good shape now. He said because of the narrow right-of-way
and improvements already, he would be concerned if they tried to do anything
else to the roadway, especially for six lots.
He would need to look at this in the final engineering. The road appears to be structurally adequate
and wide enough not to create any problems.
No
one else spoke in opposition.
Speaker
Comment Forms were received and filed.
District
Commissioner Dallari stated the applicant is asking for straight zoning to
R-1AAA, and there is R-1AAA to the north of the property, Suburban Estates to
the east, and R-1A to the South. He said
he believes this is applicable and when the applicant comes in for final
engineering, a lot of the scrutiny questions presented today will be addressed.
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to adopt Ordinance #2008-12, as shown on page
_______, rezoning 3.34+/- acres, located on the north side of Dike Road
approximately 900 feet east of the intersection of Tuskawilla Road and Dike
Road, from A-1 (Agriculture) to R-1AAA (Single-family Dwelling); as described
in the proof of publication, Larry W Hodges, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
ROYAL PLAZA REZONE FROM
M-1A TO C-1/SOPHAN LAY
Proof
of publication, as shown on page _______, calling for a public hearing to
consider rezoning from M-1A (Very Light Industrial) to C-1 (Retail Commercial)
1.8+/- acres located on the north corner of the intersection of SR 426 and
Mr.
Watkins presented the request, stating the staff finds the rezoning is
compatible. The P&Z Commission voted
5 to 0 to recommend approval of the rezoning and staff also recommends approval
of the rezoning to C-1.
Commissioner
Dallari asked if there was a need for any buffers from the Cross Seminole
County Trail.
Ms.
Williamson stated when the site plan comes through, it will be reviewed by
members of the Trails Division and if they feel a need, they will request
buffers be put in place.
Sophan
Lay, applicant, addressed the Board to state he is the owner of the property
and he supports the staff recommendation.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to adopt Ordinance #2008-13, as shown on page
_______, rezoning from M-1A (Very Light Industrial) to C-1 (Retail Commercial)
1.8+/- acres located on the north corner of the intersection of SR 426 and Camp
Road; as described in the proof of publication, Sophan Lay, based on staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Assistant
County Manager Sabrina O’Bryan addressed the Board to give an update on the
Legislative Program. She advised Fiscal
Services Director Lisa Spriggs is listening in on the Committee meeting at this
time on the mandatory gas tax discussion.
She said it looks like those funds would go to the State Transportation
Trust Fund, but it is too early to tell.
She should have an update to the Board in the next day or so. She advised there are 50 items now under
review by the Taxation and Budget Reform Commission. There are four committees meeting and they
will be meeting weekly now. There are
multiple items that have more than one committee review. She stated there are three possible outcomes
for each of the 50 items: some will be
drafted for a vote in November; some will be a recommendation with a
transmittal letter looking for an actual sponsor; and some will be given an
informal recommendation where they are included in the overall recommendation
at the end of the Taxation and Budget Reform Commission.
Commissioner
Van Der Weide said he thinks it is important to share with the voters that
these issues can be put on the ballot without going to the voters or the local
commission.
Ms.
O’Bryan advised Chairman Carey that she thinks May 8 is the deadline for all
the draft languages to be completed to make the November ballot. She further advised Commissioner Dallari that
the five cents gas tax would generate about $7 million.
Chairman
Carey said she thinks it would be helpful if the Board could see the 50 items
to see which ones will be run through legislation. She asked if staff could have those in draft
form, she will be seeing Senator Constantine tomorrow and can discuss these
with him.
Ms.
O’Bryan stated Item #17 was approved by the Taxation and Budget Reform
Commission this afternoon dealing with the sales tax. She doesn’t believe there was any fiscal
impact to
Lisa
Spriggs entered the meeting at this time.
She reported that the Taxation and Finance Taxation Committee is meeting
currently discussing the Constitutional Proposal #36 which deals with
transportation funding. They haven’t
voted yet, but today they brought forth an amendment. Previously, it had some provisions that took
funding away from the State’s general revenue and redirected it to
transportation. The change they are
discussing now would increase tag and title fees on motor vehicles over a
three-year period and provide for indexing for those fees. It would index State fuel or gas taxes, and
some of those are shared by the County.
This would bring the entire State to a local optional gas tax of 12
cents that would funnel back to the County and cities. The tax would be mandatory. If this passes, it would go to the Commission
for a vote and, if it passes there, it would be a statutory recommendation.
Ms.
Spriggs said she has only read staff analysis, but she understands the
legislators are not changing the current provision with regard to the local gas
taxes, so that would come back to the local entity. The additional five cents would be by
interlocal agreement with the cities on how they would share that. This would be approximately $7 to $7.5
million for the County and county-wide, $12 to $13 million.
Chairman
Carey advised staff that if things change, to make sure all the Commissioners
are e-mailed because things are moving quickly.
Ms.
O’Bryan said since the last Board meeting, the Committee met and it looks like
they are toying with the homestead exemption and increasing above and beyond
what was done with the property amendment.
They are looking at increasing it to $75,000 exemption.
Ms.
O’Bryan advised several items are in the staff departments for review, such as
water pollution control, public works construction and commercial development
and capital improvements. Staff is
monitoring these and can get additional information as they move forward. The item with the potential of reduction of
impact fees seems to be the one with the most impact on
Commissioner
Dallari asked about HB 547. Ms. O’Bryan
stated she would follow up with staff and send information to the full Board
once this is received from the staff.
Ms.
O’Bryan said if the Board desires, she will bring information at the next Board
meeting on the Florida Forever Program.
Chairman Carey stated she will follow-up with Senator Constantine on
that tomorrow in their meeting.
Ms.
O’Bryan stated the Supreme Court will hear oral argument on the Regional
Conflict Council on February 27. She
added that staff will make sure they are participating in the CSX contract
liabilities discussions.
Mr.
McCollum stated there was a special meeting called last Friday and there has
been a lot of activity in
Ms.
Spriggs advised in committee at the TBRC, there is CP 46 proposed by
Commissioner Hogan which restricts authority of the Legislature to enact
unfunded mandates. Also, it would
require a public hearing of the legislation and three-fourths vote of both the
House and Senate to pass it, and have an expiration in eight years of each
unfunded mandate.
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Ms.
Coto reported that the Turkey Point Power Plant has had some issues this
afternoon and about 20,000 customers are without power throughout the State at
this time. They had hoped to have the
grid up by 3:30 p.m. Some of the power
flickers received throughout the day have been because of that.
CHAIRMAN’S
REPORT
Chairman
Carey advised per communication from the city of
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to rescind the appointment of John Metsopoulos
to the Casselberry CRA.
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to recommend the appointment of Alan Trueba to
the Casselberry CRA.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey advised of a letter from Mayor John Bush regarding enclaves in Winter
Springs. In talking to the
Commissioner
Henley said it would be unfair to approve that request when the County has an
agreement with the other cities about annexations and they need to be
consistent.
Commissioner
Van Der Weide said the Board has traditionally always supported voluntarily
annexations, but opposed mandatory annexations.
Chairman
Carey stated she will send a letter to Mayor Bush on the Board’s position.
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Chairman
Carey advised she also received a letter from the city of
Commissioner
Henley stated this communication has been going on for quite some time. It seems Longwood is concerned that the
County has been ignoring their vision.
He said the County has been working on this project for about four
years. The City has also made a request
of the Fifth District DOT Office for about 12 items, most of which were denied
by DOT. He said some of these requests
would be unusual for the County to grant.
They would cost the County more money.
His position is, technically, if they want those improvements, the
County doesn’t object if they pay for them.
Some things listed were not in the County’s authority to do. He discussed the retention pond and said
Longwood wants the County to buy the area.
He told Longwood he could not support that purchase at the time because
it is not in the confine of Rangeline up to I-4. There are concerns about the widening of the
rest of it. He said he doesn’t think
they have the money to fund that upfront.
There have been some other discussions regarding commuter rail. He said he also received a copy of the
request for a joint meeting. It is going
to be difficult for them to come together in a joint meeting with their
schedule.
Mr.
McCollum stated he has drafted information for the Chairman and District
Commissioner. He said over the last two
years, staff has had about a dozen meetings with Longwood, and DOT has met with
the City. He said this is a State road
project, and the County is merely managing the project and they have to adhere
to DOT standards.
Mr.
McCollum discussed items in the letter from the city of
Commissioner
Henley said Lynx does not have the money either and would not do this without
an extensive study.
Commissioner
Carey said she suggested to the City that when Orlando Regional did their
expansion, that was the perfect time to say to them why not give them an extra
pull-out for bus service.
Commissioner
Dallari stated he also received a letter from the Issues Committee of the
Longwood Area Chamber regarding Lynx, commuter rail and expansion of SR
434. He said they have had work sessions
with other cities. He asked would it
behoove the Board to schedule a work session and get all the issues out on the
table and put this to bed.
Chairman
Carey said the Board meetings are pretty extensive. They agreed after each Board meeting they
would have workshops for EAR amendments, the Land Development Code and they
have budget meetings coming up.
Commissioner
Dallari said he doesn’t think an evening meeting would be that detrimental.
Commissioner
Van Der Weide said he doesn’t ever remember having a joint meeting with
Longwood, but he doesn’t know why they could not have a meeting. He doesn’t see it a problem even if it’s a
meeting in the evening.
Commissioner
Henley said they don’t have any solutions for the City.
Commissioner
McLean stated he has had discussions with the Mayor as well. He thinks Longwood’s position is it is
possible that what they are looking at is in the city of
Commissioner
Henley said he is not opposed to a joint meeting. It is nothing they can arbitrarily say yes,
we’ll join. He wants the Board to
understand that for some of the requests, they have all been discussed, but
they have not been able to come up with a suggestion yet.
Commissioner
Carey said this project is under design and moving forward. If they are going to try to have a meeting
with Longwood, they need to do it in March.
She suggested the second meeting in March.
There
were no objections to holding the
joint work session on March 25 after the
Chairman
Carey said, if there are no objections, she will respond as Chair with the
responses from Mr. McCollum on specific items and maybe they can narrow the
items for the work session. She
suggested the time of 4:00 p.m. or as soon as possible after the Board
meeting.
Mr.
McCollum advised he will contact FDOT so that they may be in attendance.
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Chairman
Carey discussed the request to have representatives from
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to appoint John Rittenhour to the Coalition
on Homelessness as a representative from
Districts
1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Memorandum
dated
2. Memorandum
dated
3. Memorandum
dated
4. Copy
of letter dated
5. Contract
for Services, as shown on page _______, signed
6. Memorandum
dated
7. Letter
dated
8. Copy
of letter dated
9. Letter
dated
10. Copy of letter dated
11. Letter dated
12. Letter dated
13. Letter received
14. Notice of Public Hearing dated
15. Letter dated
16. Copy of letter dated
17. Notice of Public Hearing received
18. Copy of Letter dated
19. Copy of Letter dated
20. Copy of Letter dated
21. Copy of Letter dated
22. Copy of Letter dated
23. Copy of Letter dated
24. Copy of letter dated
25. Contract for Services, as shown on page _______, signed on
DISTRICT COMMISSIONERS’
REPORTS
Chairman
Carey recommended the appointment of Pat Southward to the Library Advisory
Board.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to appoint Patricia Southward to the Library
Advisory Board for the remaining one year of a two-year term ending January
2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to adopt Resolution of appreciation (see
Minutes of Feb. 12, 2008) to Nita Spatola for her service on the Library
Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
McLean advised he went to
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Commissioner
McLean announced that the Taste of Lake Mary event will be held on Monday,
March 31. He stated this is a fundraiser
for the Rotary Club of Lake Mary and if any Commissioners are interested, he
has tickets for that.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to reappoint Dave Putz and Richard Moseley to
the Contractor Examiner Board for one-year terms ending January 1, 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to reappoint Stanley Weinroth to the Seminole
County Industrial Development Authority (SCIDA) for a four-year term ending
January 1, 2012.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Van Der Weide reported he attended the MPO meeting last month and everything
went super smooth.
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Commissioner
Van Der Weide stated he attended the State of the County luncheon sponsored by
Chairman Carey.
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Commissioner
Van Der Weide also stated he attended the Zoo Board meeting. This was a brain-storming meeting to bring
the tiger back to the County.
Commissioner
Van Der Weide further reported that the Heroes’ Memorial is being updated
weekly. They are making progress and
waiting for the design detail to come back with a recommendation to their
committee; and then they will recommend one or three designs to the
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Commissioner
Dallari stated he received a packet from Atlantic Housing Partner looking for a
memo of an understanding to review and approve.
He would like to turn that over to Ms. Coto and Mr. McMillan to speak to
them and work out the details to see if there is anything the Board can do to
help them. He wants them to know what
they need to do for the County to review their information.
Ms.
Coto advised this company has not submitted a RFP and, apparently, they have
not submitted their corporation as a vendor.
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Commissioner
Dallari reminded the Board that in March they have the deadline to approve or
disapprove the CRA request from
Chairman
Carey said they are aware of that and the Mayor and Planning Director have been
to see her and most of the Commissioners.
She has discussed this with Ms. Coto and will definitely have it on the
agenda.
Ms.
Coto reviewed the original request date and subsequent requests for
extensions. She advised the State
Statutes has changed and if they do not act within the given period of time,
the CRA goes into effect with the County participating at 95%. She said the Board has a couple of
options--they can vote it up with whatever conditions or vote it down. They cannot extend it unilaterally. The City would have to request the extension
and the County would have to concur.
Chairman
Carey added that if the City is going to request an extension, they have to do
it before their meeting.
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Commissioner
Dallari said the EAR work session is scheduled for April 22 and at the same
time is the dedication for the Eugene Gregory Memorial. He would like to move the work session to the
evening so he can attend the dedication.
He said the dedication is at 5:00 p.m.
Chairman
Carey said she had no objections to moving the work session to 7:00 p.m. on
April 22, 2008, and there were no
objections from the other Commissioners.
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Commissioner
Henley advised he will be attending a Metroplan Advisory Committee Institute
this Friday, Saturday and Sunday. He
said there is also a Central Florida Transportation Symposium hosted by
Metroplan. Congresswoman Corrine Brown
will be there to give an update on transportation. Also, Robert Deon will be there from DOT and
will make a presentation. Noranne Downs
(FDOT) will make a presentation on commuter rail. They will hear on the status of high speed
rail. He said theRe will be limited
seats and anyone wishing to attend needs to call Metroplan. He added that there will also be an update
from Larry Dale of the Airport and the Expressway Authority will be making a
report on their activity.
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Commissioner
Henley asked for action authorizing the
Mr.
McMillan said this is not going to be tied to any other agreements.
Under
discussion, Commissioner Henley said he thought the Board had an agreement, but
apparently staff did not think they had clear direction.
Mr.
McMillan said he talked to the City Attorney yesterday and the City said, if
directed by the Board, they could come up with some simple interlocal and bring
it back for the next meeting.
Motion by Commissioner Henley, seconded
by Commissioner Van Der Weide, to authorize the
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Henley said the commuter rail is not a done deal; there are challenges in
Ms.
Coto said she believes
Chairman
Carey said she has the letter that Dr. Cirello drafted earlier. She will fax that to the Mayor of
Jacksonville tonight. She will request
they come here for a meeting on March 6 in order to head off any type of legal
action. She hopes they can work things
out before they file the claim.
ITEMS
FOR FUTURE AGENDA - CITIZENS
Beth
Barefoot, 903 Golf Valley Drive, speaking on behalf of a tennis team at
Sanlando Park, addressed the Board to discuss concerns about recent changes in
the fees and tennis pro contracts. Her
written statement was received and filed.
She discussed the possible impact the new rate increases can have on
just one team at the park. She said
there is a possibility of a 259% increase of fees for just her team. She feels the changes have forced them to
look into certain management processes.
They have a series of questions they would like to have some answers to
so they can determine where to go from here with their patronage. She asked Ms. Coto to answer some six
questions she posed. She urged the Board
to stop the obvious disconnect that is currently occurring between the parks, County
management, and the tennis patrons and taxpayers.
Chairman
Carey asked Ms. Barefoot to leave her documents for the Board to review.
Ms.
Barefoot stated they started paying new fees in October, 2007, but their budget
was on last year’s fees. She said the
fees are now priced higher than most local country clubs. Because of the rate increase, 90% of the
ladies will not be able to play.
Chairman
Carey asked the Leisure Services Director to address some of the questions and
speak to some of the issues they discussed when he talked about raising the
rates.
Ms.
Barefoot displayed charts (copies received and filed) of the Registration
Summary Report for 2007 and 2008 showing the class participation. She also showed charts (copies received and
filed) of the tennis ball sales for 2007 and 2008.
Ms.
Coto reviewed that in July staff talked about evaluating all their fees. The Board directed them to do so. Staff brought to the Board in October that it
had been 16 to 18 years before they had any increase in fees. She said also staff was concerned about the
lack of regulation relating to those pros using the County facilities. A lot of individuals were paying a minimum
amount of money running their business but using County facilities. They talked about the need to get a better
business model regarding the parks.
Joe
Abel, Leisure Services Director, addressed the Board to state staff did a
survey of 20 agencies, all the cities and surrounding counties. He said
Chairman
Carey asked Mr. Abel to recirculate the fees staff researched as part of the
agenda item.
Mr.
Abel reviewed the scholarship issue that staff was looking at modeling their
guidelines around the school free or reduced lunch program. They were also looking at ways not for the
County to arbitrarily lose money and wanted to allow the community to get
involved to help pay into the scholarship program. They are also looking at opportunities for
volunteer community service for either the student or the student’s family to
give back what the costs would be to waive fees, so that the County was not
just giving something away.
Chairman
Carey asked Mr. Abel to discuss what the procedures are for qualifying for the
head pro positions.
Clerk
of Court Maryanne Morse left the meeting at this time.
Chairman
Carey said Mr. Abel is offering head pro positions to persons who still don’t
have the P1 Certificate, and that concerns her.
Upon
inquiry by Commissioner Dallari, Mr. Abel said the testing for the certificate
is offered in
Commissioner
Henley advised the public that the Board can set policy but they do not hire
people and have no authority to hire other than the
Chairman
Carey said now they are in the middle of the season and hiring people as head
pros who don’t have the certificate in hand and after 60 days they are going to
be terminated if they don’t have it. She
thinks the timing is not right.
Commissioner
McLean stated it appears the end of April time frame is one that is pretty
consistent.
Upon
inquiry by Commissioner McLean, Mr. Abel said the applicants for the head pro
positions have already taken the tests and the results should be back within
the next four to six weeks. By May 1,
this should be resolved.
Upon
inquiry by Mr. McMillan, Mr. Abel said the contracts for the head pro positions
are being executed and people are relocating.
There is an addendum in the contract that says if the person doesn’t
produce the certificate, he/she will be terminated.
Commissioner
Dallari said he thinks there needs to be a transition period. The person hired needs to have a certificate
in hand or do not sign the contract.
Discussion continued.
Commissioner
McLean said he recalls they had the discussion that no one really knows how the
market will react to a set of circumstances.
He thinks staff was going to bring that information back to the Board
and see how the market is reacting.
Chairman
Carey asked Ms. Barefoot to submit the information to the Clerk to forward it
to the Commissioners and they will look at the fees for separate action. The question is how does the Board want to
handle the contracts.
Commissioner
Chairman
Carey said if they went to the end of April, which would give 60 days for the
applicants to get the certification needed.
Commissioner
McLean asked if there was a way to incorporate what the Board is trying to do
and move the contract date to May 1.
Mr.
Abel stated staff has negotiated in good faith the March 1 contract date and he
would have to go to 26 to 27 professionals and tell them they now have to move
back to May 1 and the contracts they applied for are no longer valid. He said he does not want to be a part of
that.
Chairman
Carey said the Board will let Mr. Abel and Ms. Coto meet together and come up
with a recommendation to the Board. They
will meet with each Commissioner this week before March 1, 2008 and see what
the direction is. She said she is
hearing a consensus to not do this in the middle of the season and wait until
May 1.
Ms.
Coto said her concern is the same as Mr. Abel’s that the County has tendered
offers to individuals. She understands
there are two individuals that this all surrounds. There are two out of 27 who have taken issue
with this approach. They are talking
about amending an entire process for one individual. She has concern about putting into jeopardy
those they have in good faith made offers to.
Chairman
Carey stated where she takes exception to what happened is that Mr. Abel should
have had in hand the certificate before offering a position. She has concern over that part of the
process.
Commissioner
Henley stated the County employs them contingent upon the people getting the
certificates. That’s what the school
system does. It is not an unusual
situation to do that. He said Mr. Abel
has a safe guard in the contract. He has
difficulty with the Board sitting and trying to extend something because an
individual turned down something offered.
The fact the Board extends the contract date does not mean that is going
to solve the problem for the one individual.
If that were to happen, he would not oppose letting that individual
finish the season. He said he doesn’t
feel comfortable telling staff what to do.
Mr.
McMillan said Mr. Abel has delegated authority to award these contracts. He said he’s as nervous as Ms. Coto that the
County has tendered these offers and now we tell them their contracts are
cancelled. He advised Chairman Carey
that the delegation of authority has been in place for 20 years. The Library and Leisure Services Director
always had the authority. The tennis pro
agreements never came to the Board.
Commissioner
McLean said he’s concerned about the ramifications that the County has extended
these offers. They have some teeth in
the fact that if it doesn’t happen, and all the parties understand, then they
will move on. He thinks the County is
committed to that.
Chairman
Carey asked for the consensus of the Board to move forward with the contracts
as presented and do not extend them until the end of April.
Commissioners
McLean and Henley said to remain as is.
Commissioner
Dallari said he has difficulty with that because they don’t have a lot of
information.
Commissioner
Van Der Weide said he will to go along with it based on the idea they have
people who want to continue to play tennis and they have to work out the
details. He appreciates the fact they
have a program that has some teeth into it.
He said he will have to stick with what they have.
Chairman
Carey stated the Board will take up the rate issue after they see the
information provided.
Kristine
Dionne, 2437 Ashton Oaks Cove, addressed the Board to speak about the head pro
at Sanlando, Ms. Green, who did not pass the test. She referred to interview notes for the other
person who got the job. She said she is
all for a process as long as the process works.
Chairman
Carey asked those in the audience to understand what the Board proposes to do;
to understand the Commissioners have their hands tied on this issue because of
the
Mr.
McMillan said, normally, the Board has a process for protests on
contracts. Normally, the contractor
protests and not the customers, and there is a process for that.
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Robert
King, 2211 Black Hammock, addressed the Board to state it has been two weeks
since he was before the Board. He said
the situation he has at his house is unacceptable. He has tried to impress that every time he
has spoken. This weekend was
particularly bad. The noise level was at
hearing level damage. The Sheriff came
and after he left the noise began again.
He said the discussion is going to have to be serious and they have to
figure out what they are going to have to do.
It’s very clear that something is broken and needs to be fixed. It is reaching the point where they can only
leave their home so much before they can no longer have it as their home. He asked if any progress is being made.
The
Board responded that they have not heard from the Sheriff.
Chairman
Carey advised Mr. King that the Deputy Sheriff’s direction comes from the
Sheriff and the Board has no jurisdiction over him. She knows that Commissioner Henley wrote a
letter and she imagines the Sheriff will respond to him or to the
Mr.
McMillan stated he has not heard anything from the Sheriff. He said the Noise Ordinance has always been
an issue one way or another. The problem
is if there is no noise when the Sheriff goes out, it is difficult to enforce.
Mr.
King said they are not allowed to hire an off-duty police officer to look at
what’s going on.
Whereupon,
Chairman Carey said she doesn’t thing anybody can tell him who he can and can’t
hire. She said there are other experts
that he can hire.
Mr.
King asked when he has that information, where does that change anything. His question is do they have a Noise Ordinance
on the books that is not being enforced.
Chairman
Carey suggested he call the Sheriff directly and have a one-on-one discussion
with him.
Mr.
McMillan asked Mr. King if he had met with the other neighbors to consider
hiring an attorney to bring litigation relative to a nuisance.
Mr.
King said he will contact the Sheriff and see where that goes. He is not sure it is as simple an issue as
seeing somebody and stopping them from making noise. It is a very big problem that involves the
County very much. They have a
non-conforming use in his neighborhood that has been allowed to get completely
out of control. He said the Sheriff’s Office
defers to the P&Z permitting and says if they are going to let all this go
on, then they’re not going to do anything about it. He said he doesn’t know why they cannot get
law enforcement to enforce the law that is already on the books. He will start tomorrow morning with a call to
the Sheriff.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:48 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
er/cc