BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

    MARCH 14, 2006

 

     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, March 14, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Brenda Carey (District 5)

     Acting County Manager Don Fisher

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Absent:  Chairman Carlton Henley (District 4)

 

     Chaplain Charles Pitroff, Good News Jail & Prison Ministries, John E. Polk Correctional Facility, gave the Invocation. 

     Commissioner Brenda Carey led the Pledge of Allegiance. 

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     Vice Chairman Dallari advised Commissioner Henley is ill and will not be in attendance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-46, as shown on page ________, proclaiming the week of March 13-17, 2006 as “John E. Polk Correctional Facility Jail Chaplain Appreciation Week”. 

     Districts 1, 2, 3 and 5 voted AYE. 


     The Resolution was presented to Chaplain Charles Pitroff of the Good News Jail & Prison Ministries who addressed the Board to express his appreciation.  He advised that he is in his 23rd year of serving at the jail and believes the ministry does help in reducing crime in the County. 

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     Motion by Commissioner Morris, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-47, as shown on page _______, honoring Robin Butler, Traffic Engineering, for receiving the Florida Safety Council’s 2005 Gold Star for Safety Award. 

     Districts 1, 2, 3 and 5 voted AYE. 

     The Resolution was presented to Ms. Butler who addressed the Board to express her appreciation to the Commission and the Community Traffic Safety Team, stating without their support they would not be having the successes that they have been able to achieve. 

COUNTY MANAGER’S CONSENT AGENDA

     Acting County Manager, Don Fisher, advised he is pulling Item #13, Award of contract for Lake Drive Phase I & II until this afternoon’s meeting, in order to obtain information that Chairman Henley requested.  Item #11, BAR #06-43, regarding Lake Drive will also be held until this afternoon’s meeting.  He clarified that under Item #15, proposed trailhead name, that the name is Jones Trailhead. 

     Vice Chairman Dallari requested that Item #34, Parks & Recreation Projects Overview, be held so that the full Board can be in attendance.  The Board voiced no objections to same. 

     Vice Chairman Dallari questioned if the Board wanted to continue Item #35, public hearing for rezoning to PUD, Morrison Homes. 

     Commissioner Carey stated that as District Commissioner, she is ready to act on this request and noted that at the last meeting, the applicant was reluctant to continue it at that time. 

     Vice Chairman Dallari stated staff will be giving the Board the analysis of the HIP/TI which could affect a decision on the request and he believes a full Board should be in attendance for that. 

     Commissioner Carey said she is not sure that continuing the hearing will make a difference.  She noted that high density residential is an allowable use under the land use designation and she is ready to make her motion. 

     Commissioner Morris also suggested continuing this hearing so that the full Board can be in attendance to hear the HIP/TI report. 

     Commissioner Van Der Weide stated he believes the HIP/TI report will not make a difference because this is a controversial issue; however, he has no problem with the continuance. 

     Vice Chairman Dallari directed staff to let the public and the applicant know of the possibility that this item could be continued. 

     Upon inquiry by Vice Chairman Dallari, Mr. Fisher advised he has not received any input from Chairman Henley with regard to Item #33, Central Florida Sports Commission Contract.  The Board agreed that this item will be pulled and brought back up at this afternoon’s meeting so that Mr. Fisher can contact Chairman Henley to obtain his recommendation. 

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

Administrative Services

Support Services

 3.  Approve and authorize Chairman to execute Documents, as shown on page _______, related to the authorization of EPEC to allow for the cleanup activities for County purchased parcel #15-21-29-300-016C-0000 (SR 436 & Montgomery Road). 

 4.  Approve and authorize Chairman to execute the Fifth Renewal and Sixth Amendment, as shown on page _______, to the Seminole County Probation Office Lease. 

Community Services

Community Assistance

 5.  Approve and authorize Chairman to execute Seminole County/The Center for Affordable Housing, Inc. HOME Program Subrecipient Agreement, as shown on page _______, Program Year 2003-2004. 

 6.  Approve and authorize Chairman to execute Satisfactions, as shown on page _______, of Second Mortgage for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program, as follows:  Betty Joyce Browdy, Michael Mancini, Carols H. Losada, Lillian H. Morris, Iris Marta Alomar, and Rosa Lee Mingo. 

 

Environmental Services

Business Office

 7.  Approve release of original Water Maintenance Agreement with Letter of Credit #SM206860W (BDC Markham Ltd.) in the amount of $1,551.20 for the project known as the Lake Markham Preserve Ph. 2. 

 8.  Approve release of original Water and Sewer Maintenance Agreement with Letter of Credit #SM206883W (Butler Ridge Development) in the amount of $50,590.41 for the project known as Butler Ridge f/k/a Kenmure.   

Solid Waste Management  

 9.  Approve renewal of Non-Exclusive Franchise Agreement, as shown on page _______, for Commercial Solid Waste Collection Services, as amended, for the following firms: DisposAll, Inc. and Sunshine Recycling, Inc. 

 

Fiscal Services

Administration

Budget

10.  Budget Amendment Resolution #2006-R-49, as shown on page _______, #06-42 in the amount of $2,207,010 – Library & Leisure Services – General Fund & Transportation Trust Fund.  Roadway median maintenance previously contracted out by the Public Works Department and funded by the Transportation Fund.  On January 24, 2006 the Board of County Commissioners approved the monitoring of this service by Library & Leisure Services Department/Parks Division and requested that expenditures be tracked independently of other activities.  

11.  Withdraw from the agenda BAR #06-43 - $3,059,817 – Public Works/Environmental Services – 1991 Infrastructure Sales Tax/South Central Impact Fee/Water Connection Fee.  To provide additional funding for all labor, materials, equipment, transportation, coordination, and incidentals necessary for the construction of a 4 lane urban roadway approximately 2.73 miles in length (Lake DriveSeminola Blvd. to Tuskawilla Rd). 

MSBU

12.  Approve scheduling and advertising a public hearing for consideration of adopting an Ordinance to create “Twin Pines/Baker Avenue Water and Sewer Line Construction MSBU”. 

Purchasing

13.  Withdraw from the agenda Award of CC-0256a-06/TLR – Lake Drive Phase I & II, to John Carlo, Inc., Orlando ($19,104,021.81).

14.  Approve Ranking List, Authorize Negotiations, and Award Agreement, as shown on page _______, for PS-0410-06/TLR – Construction and Engineering Inspection (CEI) Services for SR 15/600 U.S. 17-92 Reconstruction from Seminole County Line to Lake of the Woods Boulevard to Earth Tech Consulting, Inc., Orlando (Not to Exceed $1,000,000.00)

 

 Library & Leisure Services

Parks & Recreation

15.  Approve proposed trailhead name of Jones Trailhead for the trailhead to be located at Long Pond and Markham Woods Road (Seminole Wekiva Trail). 

 

Planning & Development

Development Review

16.  Approve release of Astor Farms Phase III Road Maintenance Agreement, Letter of Credit #P001541 and Amendment #1 for a total of $54,382.44 (SunTrust) for road improvements. 

17.  Approve release of Letter of Credit #1017417-0412 for infrastructure in the amount of $167,853.00 (First National Bank of Central Florida) for subdivision improvements for Talman Mews. 

18.  Approve release of Performance Bond #22016822 for infrastructure in the amount of $372,379.00 (Liberty Mutual Insurance Company) for subdivision improvements for Villas at Deer Run (Centex Homes). 

19.  Approve release of Performance Bond #SU 5006478 for infrastructure in the amount of $650,484.00 (Arch Insurance Company) for subdivision improvements for Annebury Subdivision (Centex Homes). 

20.  Adopt appropriate Resolution #2006-R-50, as shown on page _______, vacating and abandoning a 1.12’ portion of a 7.5’ platted utility easement at the rear of Lot 21, Howell Creek Park Phase I, to accommodate a screened pool enclosure (Frank and Sharon Cruz). 

Planning

21.  Approve Satisfaction of Lien, as shown on page _______, in the amount of $1,075.00, Case No. 94-63-CEB, for property located on Jack Court, Sanford, previously owned by Cleveland and Gaylar Mitchell, and presently owned by Leon Graham.   

22.  Approve Special Event Permit for Bennigan’s Restaurant (0917) for a St. Patrick’s Day event to be held at 4520 W. SR 46 in Sanford on March 17, 2006 from 4 p.m. to 12 a.m. 

 

Public Safety 

EMS Trust

23.  Adopt appropriate Resolution #2006-R-51, as shown on page _______, certifying the EMS County Grant funds for the annual EMS Grant Award shall be used to improve and expand pre-hospital EMS

 

     Districts 1, 2, 3 and 5 voted AYE. 

COUNTY ATTORNEY’S CONSENT AGENDA

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

Property Acquisition

24.  Adoption of Fifth Amended Resolution of Necessity #2006-R-52, as shown on page _______, relating to the Lake Emma Road improvement project (from Longwood Hills Road to Sand Pond Road).

25.  Authorize Binding Written Offer/Offer of Judgment relating to Parcel Numbers 134/834 of the Lake Emma Road improvement project (from Longwood Hills Road to Sand Pond Road).

26.  Adoption of appropriate Resolution #2006-R-53, as shown on page _______, rescinding the previous Resolutions of Necessity relating to Lockhart Smith Canal for which acquisition is complete.  All property needed for this project listed in this Resolution has been acquired through donations, purchase agreements or litigation.

27.  Adoption of appropriate Resolution #2006-R-54, as shown on page _______, rescinding the previous Resolutions of Necessity relating to Bunnell Road for which acquisition is complete.  All property needed for this project listed in this Resolution has been acquired through donations, purchase agreements or litigation.

28.  Adoption of appropriate Resolution #2006-R-55, as shown on page _______, rescinding the previous Resolution of Necessity relating to Cross Seminole Trail Phase I for which acquisition is complete.  All property needed for this project listed in this Resolution has been acquired through donations, purchase agreements or litigation.

 

     Districts 1, 2, 3 and 5 voted AYE. 

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

CLERK’S REPORT

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

29.  Expenditure Approval Lists, as shown on page _______, dated February 13 & 20, 2006; and Payroll Approval List, as shown on page _______, dated February 9, 2006. 

30.  Approval of the Official BCC Minutes dated February 14, 2006. 

 

     Districts 1, 2, 3 and 5 voted AYE. 

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     The Board noted, for information only, the Clerk’s “received & filed” as follows: 

 1.  Maintenance Bonds, as shown on page _______, for the following:  #929367690 in the amount of $48,142.13 for the project known as Carriage Homes @ Dunwoody Commons; #929367674 in the amount of $8,103 for the project known as Upsala Road Right-of-way-Regency Oaks; and #6360542-1 in the amount of $22,994.90 for the project known as Deer Run Villas.

 

 2.  Letter of Credit, as shown on page _______, #78531705 in the amount of $334,000 for the project known as Summerfield.

 

 3.  Change Order #1, as shown on page _______, to Work Order #12 to CC-1252-04.

 

 4.  Change Order #1, as shown on page _______, to CC-1212-03.

 

 5.  Change Order #1, as shown on page _______, to CC-1222-03.

 

 6.  Certificate of Final Completion, as shown on page _______, for CC-1222-03.

 

 7.  Work Order #21, as shown on page _______, to RFP-4214-04.

 

 8.  Work Order #1, as shown on page _______, to PS-5179-05.

 

 9.  Work Order #41, as shown on page _______, to CC-1220-03.

 

10.  M-0639-06 Basic Contract, as shown on page _______, Hughes Associates.

 

11.  Work Orders #48 and #49, as shown on page _______, to CC-1212-03.

 

12.  Work Order #43, as shown on page _______, to PS-5130-02.

 

13.  Work Order #28, as shown on page _______, to PS-5150-03.

 

14.  Amendment #1, as shown on page _______, to Basic Contract #M-481-05, Real Estate Research Consultants.

 

15.  Work Order #42, as shown on page _______, to PS-5130-02.

 

16.  Amendment #2, as shown on page _______, to Work Order #13 to PS-5166-04.

 

17.  Work Order #5, as shown on page _______, to PS-5131-02.

 

18.  Work Order #23, as shown on page _______, to RFP-4173-02.

 

19.  Amendment #1, as shown on page _______, to Work Order #5 to RFP-4241-05.

 

20.  Work Order #9, as shown on page _______, to RFP-4241-05.

 

21.  Work Order #1, as shown on page _______, to PS-0147-05.

 

22.  Amendment #1, as shown on page _______, to Work Order #60 to PS-556-00.

 

23.         Amendment #3, as shown on page _______, to Work Order #16 to PS-5116-02.

 

24.         Amendments #1 & #2, as shown on page _______, to Work Order #2 to PS-5161-04.

 

25.         Amendment #1, as shown on page _______, to Work Order #3 to PS-5161-04.

 

26.         Work Order #2, as shown on page ________, to RFP-4251-05.

 

27.         Work Order #38, as shown on page _______, to PS-5165-04.

 

28.         Work Order #3, as shown on page _______, to PS-5147-03.

 

29.         M-0693-06 Basic Contract, as shown on page ________, Universal Engineering Services.

 

30.         First Amendment, as shown on page _______, to PS-5183-05, HDR Engineering, Inc.

 

31.         First Amendment, as shown on page _______, to PS-5149-03, HNTB Corporation.

 

32.         Conditional Utility Agreement, as shown on page ________, for water service with The El Enoch Corp. for the project known as Earth Care-Off Broadway Lot 1.

 

33.         Conditional Utility Agreements, as shown on page _______, for water and sewer service with Centex Homes for the project known as The Villas @ Chase Groves.

 

34.         Fifth Amendment, as shown on page _______, to IFB-3089-04, EMS Medicines Purchase Agreement, Sun Belt Medical/Emergi-Source.

 

35.         Package Policy, Excess Workers’ Compensation Policy, Boiler & Machinery Policy, and E-Commerce Policy for the Self Insurance Program Renewal, as shown on page _______, approved by the BCC on 9/13/2005.

 

36.         First Amendment, as shown on page _______, to PS-5154-03, East Lake Brantley Drive improvements, JEA Construction Engineering Services.

 

37.         Letter to Douglas Campbell, Dept. of Economics, Andrew Young School of Policy Studies, Georgia State University, from Sandy McCann, Commission Records, submitting copies of Ordinances #87-11, #88-10, #89-17 and Resolution #89-R-120.

 

38.         Letter to Maryanne Morse, Clerk of Circuit Court, from George Gilhooley, Florida Department of Transportation, re: Alternatives Public Information Meeting Notification, International Parkway/SR 417 Interchange Project.

 

39.         Copy of Amended Mortgage Deed, as shown on page _______, for Christine Bryant for Home Ownership and Rehabilitation Assistance Program.

 

40.         Certificate of Final Completion, as shown on page _______, for CC-1222-03, Work Order #25.

 

41.         IFB-3129-05, as shown on page _______, Grounds Maintenance Services in Neighborhood, Trailheads and Kewannee Trail, Ameriscapes Landscape.

 

42.         Second Amendment, as shown on page _______, to PS-5146-03.

 

43.         First Amendment, as shown on page _______, to IFB-3102-05.

 

44.  Bids as follows:  CC-0602-06; CC-0452-06; CC-1256A-06; RFP-0619-06; and RFP-0558-06. 

 

 

REGULAR AGENDA

     Sabrina O’Brien, Economic Development, addressed the Board to present request for approval of the Economic Development Job Growth Incentive Agreement with Dynafire, Inc. and the Interlocal Agreement with the City of Casselberry. 

     Commissioner Morris stated he believes it is important for the Board to understand that the County is entering into an agreement with Casselberry and their CRA is paying for this. 

     Motion by Commissioner Morris, seconded by Commissioner Carey to approve and authorize the Chairman to execute the Jobs Growth Incentive Agreement, as shown on page _______, with Dynafire, Inc.; and approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, with the City of Casselberry. 

     Districts 1, 2, 3 and 5 voted AYE. 

COUNTY ATTORNEY’S BRIEFING

     County Attorney, Robert McMillan, distributed a Memo (copy received & filed) from Gene DeMarie of Colin Baenziger & Associates recommending interviewing the following five candidates for the County Manager’s position:  Pam Brangaccio, Keith Chadwell, Cindy Coto, Milton Dohoney and Charles Saddler.  He advised the interviews are scheduled for March 24. 

     Gene DeMarie, Colin Baenziger & Associates, addressed the Board to advise both Billy Beckett and Steve Thompson have withdrawn their applications because of prior commitments on the weekend of March 24th.  He further advised that Don Elliott is unavailable the week of March 24th, but could interview on March 27th. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to remove Charles Saddler from the list of candidates to be interviewed. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Commissioner Carey stated Don Elliott was on her list to be interviewed so she would like to add him.  She said she would have no problem interviewing him on March 27th. 

     Motion by Commissioner Carey, seconded by Commissioner Morris to add Don Elliott to the list of candidates to be interviewed, with his interview to be held on March 27th. 

     Districts 1, 2, 3 and 5 voted AYE. 

     Mr. DeMarie stated he will work with Attorney McMillan to set up Mr. Elliott’s individual interviews with the Commissioners. 

     Vice Chairman Dallari stated he did not submit any names for the final listing because he was expecting more out of the consulting firm.  He said even though all of the applicants on the interview list are qualified, he was looking for an exception and someone that stood out from the rest of the pack.  He further said he believes Mr. DeMarie’s firm should have been more aggressive. 

     Mr. DeMarie stated they do try to attract the “shooting stars”, but unfortunately those individuals are older career people who are well established and making more than the range Seminole County is offering. 

     Commissioner Dallari stated that if there was a salary problem, he would have thought the consultant would have come back to the Board with that information and been more aggressive. 

     Upon inquiry by Commissioner Morris, Colin Baenziger addressed the Board to advise of some salaries ($200,000 to $240,000) that the top County Managers in the State are making. 

     Commissioner Van Der Weide stated he has no problems with the candidate list and feels the consultant has done a creditable job with what the Board told him to do. 

     Commissioner Morris stated that if none of the candidates on the list meet the test, then the Board may want to look at the salary issue. 

     Mr. Baenziger stated if after reviewing the candidates, the Board finds they are not happy, then he would be glad to redo the process and look at the salary in order to get the “shooting star”. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to accept the candidate interviewing list as follows:  Pam Brangaccio, Keith Chadwell, Cindy Coto, Milton Dohoney and Don Elliott. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     The Vice Chairman recessed the meeting at 10:05 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

ITEMS FOR FUTURE AGENDA

     Gary Diller, 609 Nighthawk Circle, addressed the Board to speak in regard to the Winter Springs Golf Course.  He stated the Winter Springs Golf Club is in receivership and the question is whether or not it will remain a golf course or will it become another condominium or townhomes.  He submitted and read into the Record a Petition, as shown on page _______, signed by 332 residents urging the Board to do everything in their power to keep developers from building apartments/condominiums/houses on this property. 

     Jacqueline Gieseler, 512 Club Dr., addressed the Board to state this is certainly a topic of concern with the residents in the Highlands.  She stated they formed a group of sub-associations of nine and they are trying to rally up in trying to find support.  If this does not remain a golf club, the residents of the surrounding area would feel the impact of additional homes with schools and more traffic congestion.  What is important to the residents in the Highlands is the wonderful environment they have there.  Many of the residents moved there because of the nature trails, parks and wildlife.  What they are looking for is understanding and support that they can keep the golf club as a golf course and not sell it to developers. 

     Commissioner Morris stated the Winter Springs golf course is one of the three (Sabal Point and Twin Rivers) that they are looking at.  Commissioner Van Der Weide is working closely with the Sabal Point issue.  He stated he has been trying to assist a little with the City of Oviedo and University of Central Florida (UCF) relative to Twin Rivers.  Commissioner Henley has been working closely with Mayor John Bush, City of Winter Springs, relating to this golf course.  The Winter Springs Golf Course has a conservation easement over it in which the City has indicated to the Bank of America that they have no intentions of lifting the conservation easement.  He said the City of Winter Springs is looking to hire a consultant to advise them on the evaluation of the course and whether or not they should purchase the golf course.  They are working in tandem on the other two golf courses.  Sabal Point is located in the County and there is no partnership on that one.  The County has a potential partnership with the City of Oviedo and UCF on the Twin Rivers course.  

     Commissioner Van Der Weide stated he has had a series of meetings with the Sabal Point Homeowner’s Association and the School Board.  He stated he will be meeting with the Bank of America and he will be inviting the Sabal Point Board of Directors.  Bank of America cannot be expected to hold that property and continue to pay taxes on it without some use out of it.  He stated they are trying to work something out that will work for the community.

     Commissioner Morris stated the BCC is familiar with the natural beauty of the Highlands.  This Board is a step behind to whatever action Winter Springs takes as they are unilaterally doing some things.  This Board would like to see the green spaces preserved.

     Speaker Request Forms were received and filed.

CONSENT AGENDA (Continued)

     Mr. Fisher stated staff was not able to obtain additional information relative to Item #11, BAR #06-43, $3,059,817 and Item #13, Award CC-0256A-06/TLR.  Therefore, he would like to continue these items to the next meeting (March 28, 2006).

     Motion by Commissioner Carey, seconded by Commissioner Morris to continue to March 28, 2006 requests to approve Item #11, BAR #06-43, $3,059,817 and Item #13 Award CC-0256A-06/TLR.

     Districts 1, 2, 3 and 5 voted AYE.

REGULAR AGENDA (Continued)

     Suzan Bunn, Tourism Development Director, addressed the Board to request approval of an Agreement with the Central Florida Sports Commission.  She stated three amendments are being requested for this new contract.  One is to change from a calendar year to a fiscal year, another is to increase the amount from $95,500 to $105,050; and lastly a different scope of service has been drafted.  She stated the Tourism Development Council (TDC) voted on this issue at their February 14, 2006 meeting and that resulted in a 3/3 tie.

     John Saboor, representing Central Sports Commission, addressed the Board to state this is an agreement that expired on 12/31/05.  This is the first increase in funding since 2003.  He stated he believes he has provided the Board a funding history dated back to inception in 1992.  With respect to their monthly activity reports, he has been asked to amend those to reflect more information relative to not only bids and proposals to acquire, but those that they failed to acquire. 

     Upon inquiry by Commissioner Morris, Robert McMillan, County Attorney, advised that the Board can cancel the contract at any time for any reason.

     Mr. Saboor explained for Vice Chairman Dallari why there were a lot of activities for Orange and Osceola Counties and very little activity for Seminole County.  He displayed and reviewed the Event Profile Projections (received and filed) for five counties from 2000 thru 2005.  He also reviewed the bid fee process as well as explaining why the public relations line item has been reduced by 22% indicated in the 2005/2006 budget. 

     Don Fisher, Acting County Manager, advised he contacted Commissioner Henley for his thoughts on this item and he indicated that he wanted to relate that he strongly supports the contract.  Commissioner Henley indicated that he would like to remind the Board that the split vote with the TDC was a special meeting and not a regular meeting.  Commissioner Henley also indicated that he was unable to attend due to a BCC meeting being scheduled on the same day.  He stated Commissioner Henley recommended that the first sentence on Item 2 of the Scope of Services be stricken.  He said Commissioner Henley felt that it was not the appropriate role for the Sports Commission and he felt that the TDC staff should handle those types of things. 

     Motion by Commissioner Morris, seconded by Commissioner Carey to authorize the Chairman to execute an Agreement, as shown on page ________, as amended by Mr. Fisher, with the Central Florida Sports Commission.

     Under discussion, Commissioner Carey submitted letters (received and filed) from Diane Crews and Doug Koenig indicating that if they were able to attend the TDC meeting, they would have supported the agreement.

     Districts 2, 3 and 5 voted AYE.

     Commissioner Dallari voted NAY.

     Speaker Request Form from Bruce Skwario was received and filed.

PUBLIC HEARINGS

REZONE/Morrison Homes (Continued)

     Continuation of a public hearing to consider request to Rezone approximately 55.94 acres located on the south side of Wilson Road and east of International Parkway a/k/a Lakeshore Preserve, from A-1 (Agriculture) to PUD (Planned Unit Development), as described in the proof of publication, Morrison Homes.

     Mr. Fisher stated this item was discussed at the morning session with an indication of a possible continuance.  He stated staff has contacted the applicant and he believes the applicant’s representative is in attendance.  He said it is appropriate to discuss the continuance at this time.

     Commissioner Morris stated he believes Commissioner Henley expressed a strong interest in this and this item ties in with the HIP study that was continued.  He stated he feels the Board should continue this item to the next meeting and vote on the items at that time. 

     Mr. Fisher stated Commissioner Henley indicated that he is very interested in what the HIP-TI analysis will say and how it may affect in the long term, the corridor of International Parkway. 

     District Commissioner Carey stated she feels the Board is interested in looking at the long term corridor issues along International Parkway and all the HIP-TI areas.  However, she stated this is an allowable land use and she doesn’t have a problem supporting the project as it is.  She said she doesn’t think the HIP/TI report will change the outcome.  She stated she had an opportunity to ask Mr. Kosmac, Seminole County School Board, if they are interested in trying to acquire this property and she does not believe that is in their mix.  This was continued at the last meeting and the applicant was not happy about that as they have worked hard in trying to move this forward.  She added she feels the applicant is entitled to have a vote on this issue.

     Commissioner Van Der Weide stated he doesn’t have a problem moving forward with this today, but this is quite controversial with a lot of parties involved, therefore, he would recommend waiting for a full Board. 

     Vice Chairman Dallari stated he feels they should wait for a full Board on this issue.  He stated he feels they should wait for the HIP-TI report.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Carey, seconded by Commissioner Morris to continue to March 28, 2006 at 1:30 p.m., or as soon thereafter as possible, request to Rezone approximately 55.94 acres located on the south side of Wilson Road and east of International Parkway a/k/a Lakeshore Preserve, from A-1 (Agriculture) to PUD (Planned Unit Development), as described in the proof of publication, Morrison Homes, and ask that the Board move it forward at that time.

     Districts 1, 2, 3 and 5 voted AYE.

ORDINANCE/RECLAIMED WATER (Continued)

     Continuation of a public hearing to consider request to adopt an Ordinance repealing Section 6.1 and 9.23, Appendix F of the Land Development Code of Seminole County; amending Chapter 270, Part 4, Article III of the Seminole County Code by creating Sections 270.225 through 270.229 relating to reclaimed water, as described in the proof of publication.

     Dennis Westrick, Manager of the Planning Engineering and Inspection Division of Environmental Services, addressed the Board to review the purpose of the ordinance and what it represents.  He stated staff is recommending an effective date of May 1, 2006.

     No one spoke in support or in opposition of the request.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt Ordinance #2006-12, as shown on page ________, repealing Section 6.1 and 9.23, Appendix F of the Land Development Code of Seminole County; amending Chapter 270, Part 4, Article III of the Seminole County Code by creating Sections 270.225 through 270.229 relating to reclaimed water, as described in the proof of publication.

     Districts 1, 2, 3 and 5 voted AYE.

ORDINANCE RE: CROSS CONNECTION CONTROL (Continued)

     Continuation of a public hearing to consider request to adopt an Ordinance amending Section 9, Appendix F of the Land Development Code relating to Cross Connection Control, as described in the proof of publication.

     Gary Rudolph, Utilities Manager, Environmental Services, addressed the Board to present the request as outlined in the Agenda Memorandum.  He stated staff is requesting an effective date of May 1, 2006.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2006-13, as shown on page _________, amending Section 9, Appendix F of the Land Development Code relating to Cross Connection Control, as described in the proof of publication.

     Districts 1, 2, 3 and 5 voted AYE.

ORDINANCE/INDUSTRIAL PRETREATMENT

DISCHARGE REGULATIONS (Continued)

     Continuation of a public hearing to consider adopting an Ordinance amending Part 5, Chapter 270 of the Seminole County Code as related to Industrial Pretreatment Discharge Regulations, as described in the proof of publication.

     Mr. Rudolph presented the request as outlined in the agenda memorandum.  Staff is requesting an effective date of May 1, 2006.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt Ordinance #2006-14, as shown on page ________, amending Part 5, Chapter 270 of the Seminole County Code as related to Industrial Pretreatment Discharge Regulations, as described in the proof of publication.

     Districts 1, 2, 3 and 5 voted AYE.

ORDINANCE/BUILDING AND CONSTRUCTION (Continued)

     Continuation of a public hearing to consider request to adopt an Ordinance amending Chapter 40, Building and Construction, as described in the proof of publication.

     Tom Helle, Deputy Building Official, addressed the Board to state when the Florida Building Code became effective March 1, 2002, it voided all local codes and ordinances dealing with construction.  He stated certain administrative sections of the previous Standard Building Code were not included in the new Florida Building Code in order to allow individual jurisdictions to structure the day-to-day administration of their division.  The proposed ordinance will do the following:  (1) Delete all sections that are covered in the Florida Building Code; (2) Establish an administration section to provide guidelines for the day-to-day operations of the Building Division and replace the present administration chapter contained in the previously adopted 1997 Standard Building Code; (3) Authorize the Contractor Examiners Board to impose monetary fines to contractors found in violation of material violations of the Florida Building Code in accordance to Florida Statutes; (4) Defer all appeals of the Contractor Examiners Board’s decision to the appropriate State board/commission; e.g. Building Code Appeals will be referred to the Florida Building Commission, and Licensing Discipline Appeals will be referred to the State Construction Industry Licensing Board; (5) Defer all appeals of code interpretations issued by the Building Official to the Florida Building Commission; and (6) Provide additional definitions to aid staff in the administration of the Division.  Staff recommends approval of the request.

     Mr. Helle explained for Commissioner Morris what “Defer all appeals” mean in Item 5. 

     Mr. Helle reviewed for Commissioner Van Der Weide what the options are for hearing appeals.

     Commissioner Van Der Weide stated he has concerns about taking local issues out of the hands of the local level and moving it to the state level.  He stated he feels the local residents may not feel too happy about this being done. 

     Mr. Helle stated presently, the residents have the right to appeal to the BCC within 30 days, but under the proposed ordinance the residents have the option to appeal it to the State level.

     Commissioner Carey stated when she served on the Building Contractor Licensing Board they couldn’t do anything more other than suspend the qualifier’s license.  She stated if the residents could have appealed to the State during that time, the State could have imposed fines and penalties on that contractor and the Licensing Board didn’t have the ability to do anything except to suspend licenses countywide.  She said by allowing the appeal to go to the State level, they could suspend their licenses statewide and make them pay for damages.

     Commissioner Van Der Weide stated he hopes it will work that way.  He stated he is leery of more bureaucracy and more government regulation.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2006-15, as shown on page _________, amending Chapter 40, Building and Construction, as described in the proof of publication.

     Districts 1, 2, 3 and 5 voted AYE.

LEGISLATIVE UPDATE

     Sally Sherman, Deputy County Manager, addressed the Board to review the Car Rental Surcharge, Senate Bill 2632 and the updates associated with it.  She stated 80% of the $2 surcharge will go to the Transportation Trust Fund and will be allocated in the Department of Transportation’s (DOT) work program.  The allocation amount will be based on the proceeds from the counties within the district.  She added 15.75% of the surcharge will be set aside for the Tourism Promotional Trust Fund and 4.25% will be for the Florida International Trade and Promotions Trust Fund.  Also, local governments would have the ability to adopt, via a countywide referendum, an additional $2 surcharge for rental cars. 

     Ms. Sherman informed Commissioner Van Der Weide that Mr. Brantley is trying to track down why mass transit was not mentioned in this draft. 

     Commissioner Morris stated the language as it is presently written is the most acceptable form to get it through. 

     At the request of Ms. Sherman, Vice Chairman Dallari reviewed the Driver’s Education bill.  He advised the Drivers Ed Committee has had two meetings with the School Board on this and the biggest issue is the level of service.  The School Board is trying to put a program together.  When they first started the program during the meetings, they were not going to be addressing all the kids that would be eligible for driver’s education.  He and Mayor John Bush indicated that they felt that they should be addressing all the kids that are eligible for driver’s education.  The cost and the issue of what the program will look like will be brought back at the next meeting.  The committee has asked MetroPlan if they are willing to do some cost sharing and they have not heard from them to date.

     Upon inquiry by Commissioner Carey, Vice Chairman Dallari stated they are looking at instruction in the class and they will be emphasizing actual driving on public right-of-ways.

     Commissioner Van Der Weide stated the taxpayers have a lot of children trying to learn to drive that are in private schools and he would like to know if they will be able to participate in this program as well. 

     Ms. Sherman stated School Board member Dede Schaffner indicated that they are proposing the class be offered after school, but for credit.  If it is offered to private schools, it will be after the school day is completed.

     Commissioner Van Der Weide stated he feels the Board should insist that all children have an opportunity to participate. 

     Commissioner Morris stated there have been extensive discussions from Metroplan about driver’s education.  He stated the Orange County issue has been discussed in terms of their simulation models, but most people feel that the kids need to have training on the road.

     Vice Chairman Dallari stated once a kid is put behind the wheel on a public right-of-way, the cost will grow extensively.

     Commissioner Morris stated the other issue that was discussed was purchasing this from the legislative model, working with the Sheriff’s Association, and coming up with a fines and forfeiture model requiring that people pay for these services except for those who need a scholarship.  Driving is an expensive thing and the people can at least pay a few hundred dollars to get the appropriate training. 

     Vice Chairman Dallari stated the real issue is once you make it mandatory in the public school system, you cannot charge for it.

     Commissioner Morris stated they could pass a law saying that if 16-year-olds want to get their licenses, they will have to pass this training.  If not, they will have to wait until they are 18.

     Ms. Sherman stated she spoke with the lobbyist and they indicated what they could do is to do due diligence by starting the educational process with the lobbyist and the County can be prepared to file next year. 

     Commissioner Van Der Weide stated he would like to have some influential local legislator propose this as a committee bill. 

     Ms. Sherman stated they are truly looking at the simulation and the $2 surcharge, as the traffic fines are definitely not enough but just enough to help the summer school activity.  Representative Scholsberg made it very clear that he has eliminated the use of simulation.

     Commissioner Carey stated she feels there is nothing better than on-the-road training.

     Commissioner Morris stated the number one cause of death for people under 25 is auto accidents and the number two is suicide.  He stated he hopes that they will stay with this as this State is going in the wrong direction on this issue.  It is harder to get driver’s licenses across the world as their driver’s training is much more extensive.

     Upon inquiry by Commissioner Carey, Ms. Sherman advised the Deferred Compensation Program is moving along at this time.  She stated the County’s lobbyist is requesting authorization to write a letter supporting that.  The Board consented to the lobbyist’s request.

     Ms. Sherman stated the citizens have initiated a petition relative to home town democracy.  The Supreme Court is reviewing this and the answer to the briefs are due on April 3, 2006.  She stated she will provide the Board with any updates on that.  She added the Florida Association of Counties joined the Florida Association of Cities and the School Board in filing a joint brief against the petition indicating that it violates the single subject rule.

     Vice Chairman Dallari stated he received a letter (received and filed) from Imogene Yarbrough requesting that the University of Florida/IFAS Special 4-H and Family Initiative be placed on the Seminole County’s Legislative list. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize placing University of Florida/IFAS Special 4-H and Family Initiative on the Seminole County’s Legislative list. 

     Districts 1, 2, 3 and 5 voted AYE.

     Ms. Sherman advised Legislative meetings are slated for April 5, 2006.  She stated page 18 of the agenda memorandum shows the scheduled dates of the Seminole County Legislative Day in Washington, D.C.  She has contacted each of the Board’s aides to see which days would be best available for the BCC. 

     Vice Chairman Dallari advised he just submitted his dates today.

     Ms. Sherman concluded that the funding for the Homeland Security grant program may be cut and she would like a letter executed by the Chairman asking that those funds not be cut.  The Board voiced no objections.

COMMUNICATIONS AND/OR REPORTS

 

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

1.  Letter dated 3/2/06 to Chairman (with attachment) from Kay Sullivan, Director, Clerk of the Board Division-Miami Dade County, re: Resolution urging the U.S. Congress and the Fla. Legislature to add homelessness to existing hate crimes statutes.  (cc: BCC, Acting Co. Manager, Deputy Co. Manager, Co. Attorney, Sheriff)

 

2.  Letter dated 3/2/06 to Chairman from Grace Havlik, Legislative Assistant-Office of Senator Daniel Webster, re: Appreciation of recent letter supporting Senate Bill 1062 (non-emergency 311 telephone system grant).  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Co. Attorney)

 

3.  Copy of letter dated 3/2/06 to Ben Tucker, Chairman-Seminole Co. Charter Review Commission from John Bush, Mayor-City of Winter Springs, re: Proposal to place limits on municipal and county eminent domain powers.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Co. Attorney)

 

4.  Letter dated 2/27/06 to Chairman from Jesse Graham re: Rezoning of Lakeshore Preserve issue.

 

5.  Letter dated 3/2/06 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Annexation Public Hearings on March 13, 2006.  (cc:  Acting Co. Manager, Deputy Co. Manager, Co. Attorney, Planning & Development Director, Supervisor of Elections, Property Appraiser)

 

6.  Copy of notice to property owners from Matt Dorsten, Planner-City of Casselberry, re: Seminola Boulevard East Small Area Study Planning and Zoning Commission Meeting on March 22, 2006. (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager, Co. Attorney, Economic Development Director, Co. Engineer)

 

7.  Letter dated 2/28/06 to BCC (with attachment) from Diane Pickett Culpepper-Bright House, re: Establishment of  Tallahassee News Bureau. 

 

8.  Memorandum dated 3/3/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.

 

9.  Letter dated 2/27/06 to BCC from Robert Hughes re: Support of additional expansion of the Seminole Historical Museum.  (cc:  Acting Co. Manager, Deputy Co. Manager, Library & Leisure Services Director)

 

10.  Copy of letter dated 2/28/06 to Mayor John Bush, City of Winter Springs from Russell Hauck, Mayor-City of Altamonte Springs, re: No support for amendments to the Seminole Co. Charter.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning Manager, Planning & Development Director, Co. Attorney)

 

11.  Letter dated 2/27/06 to BCC from Michael Andriano, Senior Pastor-River Run Christian Church, re: Exceptional Customer Service.  (cc:  Acting Co. Manager, Building Official)

 

12.  Letter dated 3/8/06 to Chairman (with attached petition, as shown on page _________,) from Ingrid Hellender re: Opposition to sidewalks on Raymond Avenue.  (cc:  BCC, Co. Attorney, Acting Co. Manager, Public Works Director, Stormwater/Roads Manager, Co. Engineering)

 

13.  Letter dated 3/9/06 to BCC from Patricia Zeh re: Opposition to rezoning of Rustling Oaks.  (cc:  Acting Co. Manager, Planning & Development Director, Planning Manager)

 

14.  Copy of letter dated 3/9/06 to Don Fisher, Acting Co. Manager, from Egerton K. van den Berg re: Conduct at the Pre-application meeting on March 1, 2006. (cc:  Co. Attorney, Planning & Development Director, Development Review Manager)

 

15.  Copy of letter dated 3/10/06 to Mayor Hauck-Altamonte Springs from Chairman re:  Appreciation for support.

 

16.  Memorandum dated 3/10/06 to BCC (with attachment) from Lisa Spriggs, Fiscal Services Director, re:  Infrastructure Sales Tax Recap as of September 30, 2005.

 

17.  Letter dated 3/8/06 to BCC from George Koehn, Chairman of the Board-Orlando Regional Healthcare System, re: Nemours’ proposal to build another hospital in the Orlando area.

 

18.  Notice of Orange County Local Planning Agency public hearing on March 16, 2006 re: Approval of a development agreement between Orange County and the University of Central Florida.  (cc:  BCC, Acting Co. Manager, Co. Attorney, Planning & Development Director)

 

19.  Copy of letter dated 3/10/06 to Jimmy Ross from Chairman re: Appreciation for serving on the Seminole Co. Charter Review Commission.

 

20.  Copy of letter dated 3/10/06 to Mayor John Bush, City of Winter Springs, from Chairman re: Invitation to upcoming joint meeting on March 22, 2006 to discuss the Rural Land Use Boundary.

 

21.  Letter dated 3/9/06 to BCC from Edgar & Mary Ann Bruce re: Support for Harkins Development rezone.  (cc:  Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

22.  Memorandum dated 3/8/06 to BCC and Acting Co. Manager (with attachments) from Jerry McCollum, Co. Engineer, re: Construction cost increases.

 

23.  Letter dated 2/27/06 to BCC from Carolyn Bistline re: Support for a new facility for the Seminole County Museum. 

 

24.  Notice and agenda for the March 15, 2006 Seminole County Port Authority Board meeting.

 

25.  Contract for Services, as shown on page _________, between Seminole Co. Government and the following:  Dametrias Scruggs (Softball Scorekeeper), William West (Softball Umpire), Maria Jose Santiago (Softball Scorekeeper), Margaret Reedy (Softball Scorekeeper).

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey stated she is happy to announce that the Golden Eagle Boy Scouts dinner was held last Thursday at the Lake Mary Marriott.  She stated the event was a huge success and she would like to thank all the sponsors and everyone who participated.  She said Ms. Sherman won Predators tickets for her hard work on this.  She added that they raised over $160,000.

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     Commissioner Carey stated she was unable to attend the February CALNO meeting due to illness but was able to attend the March meeting.  She stated she was prepared to discuss a resolution at the March meeting supporting some city issues that the Florida Association of Counties had on their agenda.  She said she felt that the resolution was inappropriate coming from that agency and she expressed her concerns on that.  She added that Gary Brender, Chairman of CALNO, is working on a draft to include issues from all the entities.   She stated if they are going to send something to the Legislators, they need to be very specific on what they are asking them to do.  She asked that Ms. Sherman work with Mr. Brender on what the Board’s legislative issues are.

     Commissioner Morris stated the one issue Florida League of Cities have on their agenda is the home rule issue and the Board is opposed to this.  The number one stated agenda of the League of Cities is to basically strengthen the cities and to weaken the counties.

     Commissioner Carey advised CALNO passed a resolution supporting a hospital for the Oviedo area.  She stated she will be attending the April CALNO meeting and she will inform the Board of what happens at that meeting.

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     Commissioner Carey stated the Midway Elementary School Heritage Festival will be held on March 25, 2006 with a historical marker dedication.  She stated she hopes to see the Board members there.

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     Commissioner Carey stated she will be working with the Seminole County firefighters, the Watershed Action Volunteers, and the Seminole Soil & Water Conservation District to do a clean up on the Wekiva River.

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     Commissioner Carey stated she received a notice from a group that is trying to help the Girl Scouts and Seminole High School students (Princess Prom Closet).  She stated this organization is looking for formal dresses, shoes and other accessories so that they can provide prom attire for the less fortunate so they can be able to participate.  She said if anyone would like to donate, they can call Casey at 407-221-2606.

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     Commissioner Carey stated she would like to remind everyone that St. Patrick’s Day is Friday, March 17, 2006 and she would like to wish everyone a happy St. Patrick’s Day.

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     Commissioner Morris stated he would like to compliment Jerry McCollum, County Engineer, for his excellent May 8 report on construction cost increases. 

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     Commissioner Morris stated the BCC received a report dated March 10 on the estimated infrastructure sales tax recap as of September 30, 2004.

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     Commissioner Morris advised the Bright House Franchise renewal issue will probably be brought back to the Board at the next meeting.  He stated he would like to give an update of what they have done in the negotiations.  Status of the renewal issue was received and filed.  He said he would like to compliment the Bright House team and the County staff for their work on this.  He continued by reviewing the following:  direct fiber connectivity; second channel for education; financial grant, converting basic service to digital; satisfaction survey; mutual cooperation on communication; offensive programming on Channel 10; uniform franchise language; adding program schedule to the channel guide; and renewal of 5-year notice to add a third channel. 

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     Motion by Commissioner Morris, seconded by Commissioner Carey to authorize up to $5,000 to assist in the joint agreement with the City of Oviedo and UCF relative to the financial impact analysis on the Twin Rivers Golf Course.

     Under discussion and upon inquiry by Commissioner Carey, Commissioner Morris advised the motion is subject to both entities confirming approval.

     Commissioner Carey agreed to the clarification.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Van Der Weide stated he will hold off the issue of the Historical Commission and Sanford Museum until Commissioner Henley is in attendance.

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     Commissioner Van Der Weide stated he met with the Sabal Point people as well as Bill Vogel of the School Board regarding the Sabal Point Golf Course.  He stated they will be meeting with the Bank of America and a group from the Sabal Point Homeowner’s Association.  He added the firm of Conklin Porter & Holmes (CPH) will be attending that meeting as well.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to appoint Rex Klontz to the Agricultural Advisory Board for a term ending 1/1/07.

     Districts 1, 2, 3 and 5 voted AYE.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-57, as shown on page ________, commending Clay Hartsoe for his services on the Agricultural Advisory Board.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Carey stated she believes everyone received a letter from Roger Soderstrom requesting the Board to look at the possibility of doing some minor changes to the golf courses.  That would allow the community to obtain enough money to purchase these golf courses.  She stated she hopes everyone will look at some of those recommendations as it will give the communities a way to get what they want and they could still be in control of it.  She added the City of Winter Springs could sell off some of the commercial sites on SR 434 to pay for the golf course and then have someone to run it. 

     Commissioner Van Der Weide stated he received that letter and he spoke to Mr. Soderstrom; and his goal is to protect the community.  He stated there will eventually be some kind of consensus as to what the community wants.

     Commissioner Carey stated the community is going to have to recognize that they are either going to absorb some of this or the people will have to do something to make it financially feasible. 

     Commissioner Morris stated it is not easy to try to understand what the community wants and to educate them at the same time.  He stated the Board will wait and see what the City of Winter Springs has to say on this issue.

     Commissioner Van Der Weide stated the homeowners at Sabal Point took a survey and they realize that they are working through the process.  Eventually, they will have to agree to something. 

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     Commissioner Dallari stated the County is in the process of purchasing the Crockett ranch property that borders the St. Johns River in Volusia County.  He stated he would like to see if staff can take a look at the potential of building a pedestrian bridge to connect the trail to Volusia County. 

     Commissioner Morris stated he feels that is a grand idea.

     Commissioner Dallari stated it will be a great opportunity for both counties to work together to continue the trail.  He stated he would like staff to explore the options of doing this and report back to the Board.  The Board voiced no objections.

     Commissioner Morris stated they are working on negotiations with the St. Johns River Water Management District and this may be a good opportunity to bring this subject up with them.

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     Commissioner Dallari stated he would like to get an update on the Willa Grove wall.

     Mr. Fisher stated staff is having some engineering analysis done on the reason why the wall fell.  He stated the engineer’s report indicated that they felt that less than 5% of the sidewalk being cut contributed toward the wall falling.  Staff doesn’t have any plans to move anything forward at this time.  Staff has been discussing this issue with one of the residents and they will be providing a copy of this report to them to see what their comments are.

     Commissioner Dallari stated he feels this could potentially enter into a lawsuit against the County as various groups and individuals will be scheduling a meeting with the Board to prove their case.  It is up to the residents to see which way they want to go.  He stated he would like staff to place this issue on the next meeting’s agenda for discussion.

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     Commissioner Dallari requested an update on the Cedar Ridge MSBU.

     Mr. Fisher stated he has not had an opportunity to discuss some of the issues with staff.  He stated he is planning to discuss with the individuals to see what their issues may be.

     Commissioner Van Der Weide stated he would suggest that staff look up the history of that MSBU as it goes back longer than he has been on the Board.

     Commissioner Morris stated staff may be able to turn the sprinkler system on near the retention pond.  He stated the County received authorization that they could hook into their well and that could do the median in front of the subdivision, but nothing has happened on that so far.

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     Commissioner Dallari stated he received a letter (not received and filed) from the Orlando Philharmonic Orchestra asking for financial support of $5,000 for their event to be held at the Springs.

     Commissioner Van Der Weide stated they have always managed to fund their own concerts.  He stated he would question why they are coming to the government requesting funding.

     Commissioner Carey suggested that they apply for a grant through the Arts Council.

     Mr. Fisher stated they could do that and he will get them in touch with the Arts Council to see if that is something they can pursue.

COUNTY MANAGER’S REPORT

     Mr. Fisher referred to an issue relating to the maintenance of traffic signals in the cities.  He stated recently there was a traffic accident in one of the cities and the County was sued.  The claim was sent to the City and they denied paying the claim.  The County sued the City and the City prevailed indicating that the indemnification clause was not legal in the interlocal agreement.  This puts the County in a position of being liable of all the traffic signals.  He said he would like to seek direction as to whether or not they would like to terminate all of the agreements with the cities.  There are two options the County can go with; one is the City could maintain their own traffic signals, or the County could collect an additional fee to cover the cost for the liabilities that may take place.

     Upon inquiry by Commissioner Morris, Mr. McMillan advised this was handled by the insurance counsels.  He stated there was an accident at an intersection and there was a suit brought against the City and County by the five individuals involved in the suit.  The County tendered the defense to the City under the terms of the agreement.  The City refused to undertake defense of the case.  The City got the Court to determine that the agreement was illegal.  None of the liability issues relating to the accident have gone to trial.  Apparently the County maintains every traffic signal in the County and downtown Sanford.  The County can terminate the agreements and then tell them that they must maintain their own signals, or they can negotiate and continue to maintain them, but they will have to charge a rate that reflects the assumption of liability.  Those agreements need to be restructured no matter what happens in the case itself.

     Upon inquiry by Commissioner Carey, Mr. McMillan advised the agreements are almost 20 years old and there are some changes in the Statute that were done that cannot affect validity of the agreement.  He added that he believes the agreements are still valid.

     Commissioner Van Der Weide recommended that Commissioner Carey bring this issue up with CALNO. 

     Mr. McMillan stated Mr. Fisher raised this issue at the Mayors/Managers’ meeting.

     Commissioner Morris stated there is also some benefit to the city.  If they have individual contracts with private firms, they would have to pay a lot more money.

     Mr. McMillan suggested that they give the cities a notice of termination.

     Motion by Commissioner Morris, seconded by Commissioner Carey to authorize Mr. Fisher and Mr. McMillan to take the appropriate actions to effectuate a solution even if it includes termination of the traffic signal maintenance agreements and staff to report back to the Board on the said actions.

     Under discussion and upon inquiry by Commissioner Van Der Weide, Commissioner Morris stated he will amend his motion to authorize Commissioner Carey to take this issue to CALNO.

     Districts 1, 2, 3 and 5 voted AYE.

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     Mr. Fisher submitted the first quarterly report (received and filed) of the status of the budget.  He advised the Board that they will be receiving these on a quarterly basis.

     Upon inquiry by Commissioner Morris, Mr. Fisher advised he will report back to the Board relating to the $100,000 budget amount for the traffic control system.

     Upon inquiry by Commissioner Carey, Mr. McMillan advised the FDOT is paying the County for some of the maintenance of their traffic signals. 

     Gary Johnson, Public Works Director, addressed the Board to advise there are County and State intersections in which the County is being reimbursed.  He stated staff is documenting the actual cost of maintaining the signals and it is greater than the amount they have been charging.  He said he would like authorization to go into those agreements with the idea of full cost recovery.  The Board consented to Mr. Johnson’s request.

     Mr. Johnson informed the Board that staff can report on the budget amount of $100,000 for the traffic control system at the next meeting.  

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:26 p.m., this same date.

 

 

ATTEST_____________________Clerk____________________Chairman

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