BOARD OF
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
Present:
Vice Chairman Bob Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Brenda Carey (District 5)
Deputy Clerk Sandy McCann
Absent: Chairman
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.
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:
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).
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.
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.
Solid Waste Management
Administration
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
Library
& Leisure Services
Public Safety
23. Adopt appropriate Resolution #2006-R-51,
as shown on page _______, certifying the
Districts 1, 2, 3 and 5 voted AYE.
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
25. Authorize Binding Written Offer/Offer of Judgment relating
to Parcel Numbers 134/834 of the
26. Adoption of appropriate Resolution #2006-R-53, as shown on page _______,
rescinding the previous Resolutions of Necessity relating to
27. Adoption of appropriate Resolution #2006-R-54, as shown on page _______,
rescinding the previous Resolutions of Necessity relating to
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
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
Commissioner
Morris stated he believes it is important for the Board to understand that the
County is entering into an agreement with
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
Districts
1, 2, 3 and 5 voted AYE.
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
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
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,
Jacqueline
Gieseler,
Commissioner
Morris stated the Winter Springs golf course is one of the three (Sabal Point
and
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
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,
Mr.
Saboor explained for Vice Chairman Dallari why there were a lot of activities
for
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
District
Commissioner Carey stated she feels the Board is interested in looking at the
long term corridor issues along
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
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
Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to authorize placing University of
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
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
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
6. Copy of notice to property owners from Matt
Dorsten, Planner-City of
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
10. Copy of letter dated 2/28/06 to Mayor John
Bush, City of Winter Springs from Russell Hauck, Mayor-City of
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
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
18. Notice of Orange County Local Planning Agency
public hearing on March 16, 2006 re: Approval of a development agreement
between
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
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
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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
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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,
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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
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
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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
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.
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
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
slm/er