BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

APRIL 11, 2006

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, April 11, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Brenda Carey (District 5)

     Acting County Manager Don Fisher

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Rev. Greg Freeman, Wekiva Assembly of God Church, Longwood, gave the Invocation. 

     County Attorney, Robert McMillan, led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-77, as shown on page _______, proclaiming April 9-15, 2006 as “National Public Safety Telecommunicators Week”. 

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

     The Resolution was presented to Arlene Ward and Elmer Holt, Emergency Communications/E911, Public Safety, who addressed the Board to express their appreciation. 

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     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-76, as shown on page _______, proclaiming the week of April 17-23, 2006 as “National Community Development Week”. 

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

     The Resolution was presented to DCM, Sally Sherman, and Dr. David Medley, Community Services, who addressed the Board to express their appreciation. 

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     Motion by Commissioner Carey, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-78, as shown on page _______, proclaiming the week of April 17-21, 2006 as “Occupational Health Nursing Week”. 

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

     The Resolution was presented to Doris Hoffman who addressed the Board to express her appreciation. 

COUNTY MANAGER’S CONSENT AGENDA

     Acting County Manager, Don Fisher, advised Item #8, BAR #-06-52, Crane Strand Regional Stormwater Facility and related Item #14, Award of CC-0588-06/BHJ, has been pulled from the agenda.  He also advised that a request for a 30-day continuance has been received from the applicant on Item #41, Request to rezone by Morrison Homes/Lakeshore Preserve.  The Board voiced no objections to the continuance. 

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

Administrative Services

Support Services

 4.  Approve and authorize Chairman to execute Assignment of Seminole Tenant Health Department and Community Services Lease, as shown on page _______. 

 5.  Approve and authorize Chairman to execute Lease Agreement, as shown on page _______, with Intervention Services (Children’s Village).   

 

Environmental Services

Business Office

 6.  Approve release of original Water and Sewer Maintenance Bond No. SU5004578 (Retreat-Seminole, Limited) in the amount of $30,300.28 for the project known as Retreat at Wekiva Ph 2. 

Planning, Engineering & Inspections

 7.  Approve Corrected Utility Easement/Lift Station Agreement, as shown on page _______, between Seminole County and the Seminole County School Board for a well and pipeline site at Wilson Elementary School on Orange Blvd. 

 

Fiscal Services

Budget

 8.  WITHDRAWAL of request for BAR #06-52 in the amount of $1,277,513, Public Works, 2001 Infrastructure Sales Tax/Stormwater Funds. To provide additional funding to construct the Crane Strand Regional Stormwater Facility, located between Eastbrook Boulevard and Betty Street, extending south of Howell Branch Road to the County Line in Commission District 1. The project consists of a wet detention pond, reconfiguring ditches, the restoration of specific areas and a sheet pile control structure.  The lowest qualified bid for this contract was $1,699,000 and is included on this meeting’s Purchasing Consent Agenda for Board approval. The project has $1,022,487 currently budgeted for FY 2005/06.  The additional $1,077,513 will address necessitated increase in contract funding and increased CEI costs.  An accounting adjustment of $200,000 is requested to combine like projects.  The total overall life of the project cost is estimated to be $2,445,439 with project completion anticipated for November 2006.

 9.  Adoption of appropriate Budget Amendment Resolution #2006-R-79, as shown on page _______, #06-53 in the amount of $250, Community Services, PAY, General Fund. Recognize receipt of a grant from The National Youth Court Center to conduct a community service project for National Youth Service Day, beginning April 21, 2006.

10.  Adoption of appropriate Budget Amendment Resolution #2006-R-80, as shown on page _______, #06-54 in the amount of $5,407,229, Environmental Services, Water and Sewer Funds. To true-up FY 2004/05 fund balance in two of the Water and Sewer Funds in order to facilitate funding for the Iron Bridge Wastewater Treatment Facility project.  Pursuant to Interlocal Agreement dated June 14, 2005 with the City of Orlando, Seminole County is responsible for a portion of costs related to improvements at the Iron Bridge facility in order to reliably treat its portion of effluent flows. Seminole County’s total estimated project costs are $7,477,849, of which $4,099,120 of work was performed between May 2000 and September 2005. Therefore, the remaining balance of $3,378,729 is being requested to be budgeted for the project. The project is expected to be completed by 9/30/06. Reserves will be increased by $2,028,500 in the Water and Sewer Operations Fund. Upon approval, reserves will be $4,012,747.

11.  BCR #06-17 in the amount of $138,000, Public Safety, EMS/Fire/Rescue.  The driveway at Fire Station 27 is cracking and deteriorating.  A structural engineer has designed a new driveway that should hold the weight of the County’s heaviest fire apparatus.  The total project estimate is $228,000.  The project had $90,000 originally budgeted for FY 2005/06. The additional $138,000 is requested from an additional bay expansion project at Fire Station #16.  Fire Station #16’s project status will be addressed in the future.

Grants

12.  Approval to submit a grant application to the Florida Department of Forestry for the Big Tree Park tree survey with a proposed application request of $25,000 with a 50/50 match; authorize the Chairman to execute the corresponding Resolution #2006-R-81, as shown on page ________; and authorize the Acting County Manager to execute other supporting documents.

MSBU

13.  Authorize scheduling and advertising a Public Hearing for consideration of adopting an Ordinance to create the Lake Amory Aquatic Weed Control Municipal Services Benefit Unit. 

Purchasing

14.  WITHDRAWAL of request for award CC-0588-06/BHJ – Crane Strand Regional Stormwater Facility to Schuller Contractors, Inc. of Orlando ($1,669,000.00).

15.  Approve Amendment #1, as shown on page _______, to PS-5168-04/TLR – Engineering Services for Reclaimed Discharge Main from the Yankee Lake Regional Water Reclamation Facility.  (NTE $219,905.92)

16.  Award RFP-0548-06/TRJ Contract, as shown on page _______, for Legal Services for Insurance Claims and Litigations, to Nabors, Giblin & Nickerson, P.A., Tallahassee (Taking Claims Related to Real Property Rights); Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A. of Orlando (Liability Services); and Broussard, Cullen, DeGailler & Eagan, P.A. of Orlando (Worker's Compensation Services).

17.  Award RFP-0558-06/DRR Contract, as shown on page ________, Professional Appraisal Services for County Road 15-Road Improvement Project (S.R. 46 to Orange Blvd.) to Florida Realty Analyst, Inc., Altamonte Springs ($450,000.00).

18.  Award RFP-0619-06/DRR Contract, as shown on page _______, Professional Real Estate Acquisition Services – County Road 15 - Road Improvement Project (S.R. 46 to Orange Blvd.) to HDR Acquisition Services, Inc., Tampa, ($180,000.00).

19.  Approve Amendment #1, as shown on page _______, to IFB-3071-03/PER – Term Contract for Printing Services, Envelopes, Billing Statements and Delinquent Notices (Revise Scope of Services).

Sole Source

20.  Authorize Sole Source Procurement to acquire Fire apparatus, parts and repair services for such apparatus, with Pierce Manufacturing, Inc., Appleton, Wisconsin and their sole representative Ten-8 Fire Equipment, Inc., Bradenton, Florida (Fire apparatus approved through the budget process). 

Library & Leisure Services

21.  Approve and authorize Chairman to execute a Hold Harmless Agreement, as shown on page _______, for an Antique Car Show with Celery City Cruisers to be held on the grounds of the Museum of Seminole County History on November 11, 2006.

 

Planning & Development

Community Resources

22.  Adopt Resolution #2006-R-83, as shown on page _______, naming an unnamed platted street to Vista Lake Court to avoid confusion and delays in emergency response.

Development Review

23.  Authorize release of Butler Ridge/Kenmure Subdivision Private Road Maintenance Agreement and Irrevocable Letter of Credit #SM206882W ($145,980.00 (Wachovia Bank) and Cobblestone Crossing Maintenance and Escrow Agreement ($2,205.00) (PLM Associates, LLC).

24.  Approve and authorize Chairman to execute the final plat for Riviera located on the south side of South Sun Drive, west of Greenwood Blvd. (Suncor Properties, Inc.). 

25.  Approve and authorize Chairman to execute the final plat for Regal Pointe Park located on the north side of South Sun Drive, west of Greenwood Blvd. (Suncor Properties, Inc.).  

26.  Approve and authorize Chairman to execute the final plat for Heatherwood Subdivision located west of Nolan Road, east of Hester Avenue on the south side of Myrtle Street (MI Homes of Orlando, LLC). 

Public Works

Engineering

27.  Approve and authorize Chairman to execute an Interlocal Agreement, as shown on page ________, between Seminole County and the City of Sanford relating to Landscape and Irrigation Maintenance in conjunction with the County Road 46A, Phase III Project (Upsala Road to Old Lake Mary Road). 

28.  Authorize issuance of a check for $250,000 payable to the Florida Department of Transportation, as a required 50% County Incentive Grant Program matching fund, for the construction of State Road 434 six-laning from Maitland Boulevard to State Road 436, and authorize payment of incidental expenses associated with acquisition of necessary easements.

 

 

Tourism Development

29.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Altamonte Sports/City of Altamonte Springs for the 2006 ASA Girls East Class B 16 and Under National Championship.  The Tourist Development Council recommends expenditure of $7,500 which is appropriated in the Tourism Development budget for FY 05-06.  The bid fee serves as the tournament guarantee securing the event for Seminole County.

30.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Altamonte Sports/City of Altamonte Springs for the Youth Basketball of America (YBOA) 2006 National Championships, Boys 9U, 11U, 13U, 15U. The Tourist Development Council recommends expenditure of $36,500, which is appropriated in the Tourism Development budget for FY 05-06.  $11,500 will be used for marketing/promotion and $25,000 represents the bid fee to guarantee securing the event for Seminole County.

 

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

 

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-82, as shown on page _______, rescinding the previous Resolution of Necessity relating to the Eden Park Avenue road improvement project 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, 4 and 5 voted AYE. 

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

CLERK’S OFFICE

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

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

 

33.  BCC Official Minutes dated March 28, 2006. 

 

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

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     The Board noted, for information only, the following Clerk’s “received and filed”: 

 1.  Work Order #40, as shown on page _______, to PS-5165-04, PEC, Inc.

 

 2.  Work Order #1, as shown on page _______, to PS-0127-05, PEC, Inc.

 

 3.  Work Order #3, as shown on page _______, to PS-5177-05, Professional Engineering Consultants, Inc.

 

 4.  Third Amendment, as shown on page _______, to Contract IFB-3050-02, Helena Chemical.

 

 5.  Cash Maintenance Bonds, as shown on page _______, in the amount of $1,840 for the I-4 Industrial Park, 4th Section, project known as The Nutty Bavarian; and in the amount of $700 for Seminole Harley Davidson.

 

 6.  Eighth Amendment, as shown on page _______, to Agreement RFP-4187-03, A1A Cleaning.

 

 7.  Basic Contract #M-0779-06, as shown on page _______, American Acquisition Title, Inc.

 

 8.  Basic Contract #M-0770-06, as shown on page _______, The Triece Company.

 

 9.  Work Order #39, as shown on page _______, to PS-5165-04, Inwood Consulting Engineers, Inc.

 

10.  Mutual Termination of IFB-3082-04, as shown on page ________, Lance, Inc., as approved by the BCC on August 23, 2005.

 

11.  Copy of letter dated March 13, 2006, and attachments to the Department of Community Affairs from Chairman Henley transmitting adopted Small Scale Plan Amendments to the Seminole County Comprehensive Plan.

 

12.  Work Order #2, as shown on page _______, to RFP-4232-04, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.

 

13.  Work Order #3, as shown on page _______, to PS-5107-01, Singhofen & Associates, Inc.

 

14.  Agreement IFB-3098-05, as shown on page _______, with Ameriscapes Landscape, Inc.

 

15.  Work Order #29, as shown on page _______, to PS-5150-03, EMS Scientists, Engineers, Planners, Inc.

 

16.  Recorded Conservation Easement, as shown on page _______, granted to the St. Johns River Water Management District, as approved by the BCC on July 26, 2005.

 

17.  Work Order #1, as shown on page _______, to PS-5190-05, CH2M Hill.

 

18.  Work Order #20, as shown on page _______, to PS-594-01, Waste Energy Technology.

 

19.  Amendment to the Conditional Utility Agreement, as shown on page _______, for Water Service with Edgefield Corporation, Inc.

 

20.  Conditional Utility Agreement, as shown on page _______, for Water and Sewer Service with Nations Investment Group, Inc.

 

21.  Customer Agreements, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with Taylor Woodrow Communities.

 

22.  Bill of Sale, as shown on page _______, for Pulte Home Corporation for the project known as Carriage Homes @ Dunwoody Commons.

 

23.  Development Orders, as shown on page _______, for the following:  James Zirkel, 219 Montego Inlet Blvd.; Henry & Joyce Shadron, 1010 Hobson Street; Edwin & Deborah Wright, 1549 N. Ridge Lake Circle; Arthur & Priscilla Jackson, 4512 DuBoise Street; Lisa Martin, 426 W. Crystal Drive; Aimee Gonzalez, 651 Queensbridge Dr.; Robert & Norma Stahl, 1455 Sylvan Avenue; Edward Soistman, 2658 Tierra Circle; Mack Gamble, 516 Ross Street; Sherry Razor & Barney Sanchez, 1295 Iron Horse Bend; Kevin Haney, 300 Miller Road; Donald Polsley, 1785 Pams Way; Richard Quates, 1905 Blue Fish Place; David & Angela Rybinski, 908 Logenberry Trail; Diane Rice, 2022 Collier Drive; Lauretta Carpino, 310 Maple Tree Lane; Robert Yates, 2810 Casa Aloma Way; Ann M. O’Leary, 560 Brookside Circle; Heather Campbell, 1497 Waukon Circle; and Christine Townsend, 7062 Citrus Point Circle.

 

24.  Satisfaction of Code Enforcement Lien, as shown on page _______, Case #96-61-CEB, for Denby Ible, as approved on January 10, 2006.

 

25.  Satisfaction of Code Enforcement Lien, as shown on page _______, Cases #99-76A-CEB and #01-89-CEB, for Timothy F. & Claudia G. Juergens.

 

26.  Work Order #31, as shown on page _______, to PS-5120-02, PBS&J.

 

27.  Amendment #3, as shown on page ________, to Work Order #13 for PS-5166-04, Bentley Architects & Engineers, Inc.

 

28.  First Amendment to RFP-4217-04, as shown on page _______, Fisher Scientific/Fisher Safety.

 

29.  Amendment #2, as shown on page ________, to Work Order #23 for PS-586-01, SCS Engineers.

 

30.  Seminole County Limited Review of Revenue Collection Procedures for Parks and Recreation Division, prepared by the Internal Audit Division, Clerk of the Circuit Court.

 

31.  Department of Environmental Services, Water and Sewer Billing Division, Implementation of Management’s Corrective Action Plans, prepared by the Internal Audit Division, Clerk of the Circuit Court.

 

32.  Work Orders #10, #11, and #12, as shown on page _______, to RFP-4241-05, Guardian Equipment, Inc.

 

33.  Work Order #67, as shown on page _______, to PS-556-00, DCR Engineering Services, Inc.

 

34.  Amendment #1, as shown on page _______, to Work Order #22 for PS-5165-04, Professional Engineering Consultants.

 

35.  Amendment #2, as shown on page _______, to Work Order #10 for PS-5165-04, Professional Engineering Consultants.

 

36.  Term Contract IFB-3134-06, as shown on page ________, with Global Demolition & Recycling, Inc.

 

37.  Amendment #1, as shown on page _______, to Work Order #20 for PS-594-01, Waste Energy Technology, LLC.

 

38.  Change Order #1, as shown on page ________, to CC-1262-05, Schuller Contractors, Inc.

 

39.  Amendment #1, as shown on page _______, to Work Order #6 for RFP-4240-05, Florida Physicians Medical Group.

 

40.  Work Order #1, as shown on page _______, to CC-0023-05, CEM  Enterprises, Inc.

 

41.  Work Order #21, as shown on page ________, to PS-594-01, Waste Energy Technology. 

 

42.  Fifth Amendment, as shown on page _______, to Agreement PS-564-00 with The Haskell Company.

 

43.  Certificate of Final Completion, as shown on page _______, for CC-1262-05, Work Order #9, Schuller Contractors, Inc.

 

44.  Certificate of Final Completion, as shown on page _______, for CC-1262-05, Work Order #12, J.C.B. Construction, Inc.

 

45.  Title Opinion, as shown on page ________, for Preserve at Eagle Lake and Performance Bond in the amount of $945,894.40.

 

46.  Work Order #3, as shown on page _______, to CC-1267-05, KMG Fence, LLC.

 

47.  Extended Warranty and On-Site Maintenance Agreement, as shown on page _______, M-503-06 with Exacom Inc.

 

48.  Amendment #1, as shown on page _______, to Work Order #5 for PS-5134-02, CPH Engineers, Inc.

 

49.  Change Order #1, as shown on page _______, to CC-1251-04, Central Florida Environmental Corp.

 

50.  Amendment #2, as shown on page ________, to Work Order #20 for PS-594-01, Waste Energy Technology, LLC.

 

51.  Bids as follows:  RFI-8002-06, CC-0666-06, and RFP-4267-06.

 

SHERIFF’S OFFICE

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

35.  Law Enforcement Trust Fund Expenditure – Approve expenditure of $2,000.00 from the Law Enforcement Trust Fund to provide funding of $1,000.00 each for the Seminole County YMCA and the Oviedo YMCA Youth Scholarship programs. 

36.  Law Enforcement Trust Fund Expenditure – Approve expenditure of $1,000.00 from the Law Enforcement Trust Fund to provide funding in support of the Central Florida Chapter of Mothers Against Drunk Driving (MADD). 

 

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

REGULAR AGENDA

     Planner, Tina Williamson, addressed the Board to present the Silverleaf Park PUD (f.k.a. NW 46 PUD) Final Master Plan for property located on the east side of North Oregon Street, approximately .50 miles north of SR 46, KB Homes of Orlando, LLC.  She advised the plan calls for a 390 lot townhouse project.  She further advised the staff recommends approval of the plan and the Developer’s Commitment Agreement with a change to Item S, requiring a six-foot masonry wall and four canopy trees per 100 linear feet along the south property line; and an addition of Item Z, requiring all public facility commitments to be constructed under Phase 1 of the project. 

     District Commissioner Carey stated the additional Item Z, conflicts with Item #11, Phasing.  Whereupon, Ms. Williamson advised Item #11 will be corrected to reflect the new language of Item Z. 

     Upon inquiry by Chairman Henley, Ms. Williamson advised this project will generate 64 school children. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, as amended, for Silverleaf Park PUD, consisting of 55.05 acres located on the east side of North Oregon Street, approximately .50 miles north of SR 46, based on staff findings, KB Homes Of Orlando, LLC. 

     Under discussion, Commissioner Morris stated he opposed this project originally; but believes improvements have been made to the Development Order.   He said he still thinks this is not the right use for this property. 

     Districts 1, 3 and 5 voted AYE. 

     Commissioners Morris and Henley voted NAY. 

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     Planner, Tina Williamson, presented the Tesoro Townhomes PUD (f.k.a. New Orleans Townhomes PUD) Final Master Plan for property located on the northwest corner of Orange Boulevard and Missouri Avenue, Max Sabetti, Metropolis Homes.  She advised since the rezoning approval, the County has determined that a drainage easement over a portion of the Smith Canal needs to be dedicated to the County.  The exact portion will be determined at final engineering.  She added that the staff recommends approval. 

     Motion by Commissioner Carey, seconded by Commissioner Morris to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, as amended, including a requirement for the applicant to dedicate a drainage easement over a portion of the Smith Canal to be determined at final engineering, for the Tesoro Townhomes PUD, consisting of 7.83 acres and located on the northwest corner of Orange Boulevard and Missouri Avenue, based on staff findings, Max Sabetti, Metropolis Homes. 

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

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     Planner, Tina Williamson, presented the Hilltop Drive/Longwood-Lake Mary Road PUD Final Master Plan located on the west side of Longwood-Lake Mary Road, 700 feet south of Acorn Drive, Allan Goldberg, C&G Real Estate Group.  She advised the maximum residential density is 10 dwelling units per net buildable acre; and staff finds the applicant complies with all the conditions contained in the approved development order. 

     Chairman Henley reminded staff that during the rezoning hearing, Commissioner Morris had some concerns regarding the outparcel and wanted to make sure it remained residential. 

     Ms. Williamson advised the outparcel is not owned by the developer at this time and is not part of the PUD. 

     Chairman Henley stated at that time, Commissioner Morris requested staff to obtain some assurance that the outparcel would remain residential when developed.  Whereupon, Ms. Williamson advised that it was clearly stated on the record that the intent of the Board at that time was that the property should remain residential.

     Commissioner Morris stated something needs to be put on the property to flag it when it comes in for development. 

     Acting County Manager, Don Fisher, advised that in order to make that outparcel commercial, it would have to go through a land use amendment.  He further advised that staff can flag the property with a reference to these minutes and the prior minutes; but it will have no affect on a future board other than showing the discussion by this Board. 

     County Attorney, Robert McMillan, advised the BCC cannot bind future boards – they can only make the record as clear as possible so that a future board will know their intent.

     District Commissioner Henley agreed that discussion regarding the outparcel should be flagged for future boards.  He recommended approval of the plan. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for the Hilltop Drive/Longwood-Lake Mary Road PUD, consisting of 23.66 acres and located on the west side of Longwood-Lake Mary Road, 700 feet south of Acorn Drive, based on staff findings, Allan Goldberg, C&G Real Estate Group. 

     Under discussion, District Commissioner Henley directed the staff to make sure the minutes are flagged for the outparcel. 

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

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     Director of Economic Development, Bill McDermott, addressed the Board to present the Jobs Growth Incentive Agreement with Roses Southeast Papers, LLC.  He advised the parent company is headquartered in Albuquerque, New Mexico.  The acquisition of the Sanford-based Unicell operations will allow Roses to vertically integrate their operations.  All of the paper roll production in Sanford will be shipped to the conservation operation in Albuquerque.  The acquisition saved 42 jobs in Sanford and over the next three years, Roses will spend an additional $2 million on new equipment and add 8 new jobs with an average salary of $33,660. 

     Commissioner Carey stated that she is pleased to see the city of Sanford stepping up to the plate and providing relief from the City’s Public Service Tax for ten years. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve and authorize the Chairman to execute the Jobs Growth Incentive Agreement, as shown on page _______, with Roses Southeast Papers, LLC. 

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

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     Director of Economic Development, Bill McDermott, advised of request from the University of Central Florida for funding to establish a “Business Accelerator”. 

     Tom O’Neil, UCF Technology Incubator Director, addressed the Board to explain UCF is proposing a UCF/Seminole County Business Accelerator which will complement the current facility located in the Central Florida Research Park.  He advised that over 87% of the companies that graduate from these programs remain viable businesses five years after graduation.  He thanked the County for their support; and added that Seminole County is a great partner and he looks forward to this new partnership. 

     Commissioner Dallari advised the UCF incubator program is ranked number one in the nation. 

     Upon inquiry by Commissioner Carey, Dr. O’Neil advised the new facility will be located in Seminole County. 

     Commissioner Carey commented that the County has been receiving money from the Seminole County Port Authority ($300,000 annually) and that number should start going up as the Port is now built out. 

     Commissioner Morris stated that this is exactly the kind of thing the Board should be doing. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey to approve and authorize staff to prepare an agreement between the University of Central Florida and Seminole County to establish a “Business Accelerator”; and identify funding to share in the initial operating costs for a three-year period ($300,000/yearly). 

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

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     The Chairman recessed the meeting at 10:20 a.m., reconvening it at 10:32 a.m. this same date. 

LEGISLATIVE UPDATE

     DCM Sally Sherman gave the Board an update on State legislative priorities as outlined in the Agenda Memorandum.  She advised there has been a lot of activity regarding House Bill 949 (Land Use Decisions).  Because of the widespread impact this would have on the County’s authority, staff is asking for authorization to draft a resolution in opposition to be sent to the Legislative Delegation and the Governor.  Discussion ensued. 

     Commissioner Van Der Weide stated it is unbelievable that this bill has gotten this far.  He also expressed concern about the “Save Our Homes” movement.  He requested Ms. Sherman to contact Property Appraiser, David Johnson, to see if he has taken a position on this.  He also requested that the Board be briefed by their lobbyist on this issue as soon as possible. 

     At the request of Commissioner Carey, Ms. Sherman gave a brief update on the Motor Vehicle Surcharge legislation, advising that bill is moving forward. 

     Commissioner Van Der Weide stated he hopes there is an escalation clause in the surcharge bill. 

     With regard to the Deferred Compensation Bill, County Attorney McMillan advised Senator Negron is still acting as a “bottleneck” and the County’s lobbyist will be working with him on it. 

     Commissioner Morris discussed the funding request for the SR 46 Regional Evacuation Route (SR 415 to US 1), advising many of the landowners want to donate the right-of-way for this.  He discussed his frustrations with FDOT on this issue and stated FDOT has said there should be no development around the Orlando/Sanford Airport until the road is four-laned.  He stated that, in his opinion, that is a moratorium, and FDOT is not taking into consideration the improvements to Lake Mary Boulevard.  He said he would like to get the road into FDOT’s Five Year Plan. 

     Commissioner Carey questioned if the County has looked at fronting the money for the project and/or doing a traffic study. 

     Commissioner Morris said that the County could loan the money to the State as that has been done before.  Discussion ensued. 

     Commissioner Carey stated Chairman Henley and Commissioner Morris will be seeing Mr. Gilhooley (FDOT) at the MPO meeting tomorrow and suggested a meeting between Mr. Gilhooley, County Engineer Jerry McCollum, and Chairman Henley be scheduled to discuss this issue. 

     Commissioner Morris also suggested that Mr. McCollum draft a letter on the mitigation for the Airport with each Commissioner signing same, and a copy be sent to the Legislative Delegation. 

     Chairman Henley requested Mr. Fisher ask Mr. McCollum to be present at this afternoon’s meeting to discuss the mitigation letter for the Airport. 

     Ms. Sherman advised that the County has received FDEP grant funding for the Lockhart-Smith Canal Regional Stormwater Facility which was listed on the County’s funding request.  Therefore, the County will not be moving forward with the funding request in Tallahassee. 

     With regard to the federal legislative priorities, Ms. Sherman stated the Board had asked that Wilson Landing be placed on the federal funding project list.  She advised all funding request were required to be submitted by March 16 and the County did not make that deadline.  She added that the County’s federal lobbyist has indicated that he will still try to see what can be done, but it might not be until next year.  She further advised that Seminole County’s legislative days in Washington D.C. are scheduled for May 16 and 17, 2006. 

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     The Chairman recessed the meeting at 11:13 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Commissioner Van Der Weide being late), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize filing the proofs of publication for this meeting's scheduled public hearings.

     Districts 1, 2, 4 and 5 voted AYE.

     Commissioner Van Der Weide entered the meeting at this time.

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 District) to PUD (Planned Unit Development), as described in the proof of publication, Morrison Homes. 

     Chairman Henley stated he has received a letter (received and filed) from the applicant requesting a continuance for 30 days. 

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

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to continue to May 9, 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 District) to PUD (Planned Unit Development), as described in the proof of publication, Morrison Homes. 

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

REZONE/Jim Bishop (Continued)

     Continuation of a public hearing to consider request to Rezone approximately 10.25 acres from A-1 (Agriculture District) to R-1AA (Single-Family Dwelling District), located on the north side of West McCulloch Road, 950 ft. west of Iron Bridge Road, as described in the proof of publication, Jim Bishop.

     Mike Rumer, Planning, addressed the Board to review what the requested zoning designation allows and the Future Land Use designation of the subject site.  Under the LDR Future Land Use designation, the applicant may develop a maximum of four dwelling units per net buildable acre and a maximum of 3.7 dwelling units per net buildable acre under R-1AA zoning.  The Land Development Code requires the application of the Weighted Method for determining Single-family Residential Compatibility in Residential land uses.  The analysis supports rezoning to R-1AA.  He reviewed the history of the property as outlined in the agenda memorandum.  The Planning & Zoning (P&Z) Commission recommended denial of the request on February 1, 2006.  Staff recommends approval of the request to rezone to R-1AA based on the staff findings.

     Commissioner Morris left the meeting at this time.

     Upon inquiry by Commissioner Carey, Mr. Rumer advised the zoning for the property that abuts the Orange County line is A-2 or a half acre, but in actuality the lot sizes in Orange County are larger. 

     Commissioner Morris reentered the meeting at this time.

     Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partlow, addressed the Board to advise that most of the exhibits that he will be submitting are a lot of material which the Board has already seen.  He submitted an Affidavit of the property owner and photographs of Cardinal Glen, Sheffield Forest and Fox Chase Subdivisions.  He submitted an Affidavit of his legal opinion as to the consistency of the Comp Plan as well as his Resume’, provisions of the Land Development Code codifying the Lot Size Compatibility Ordinance, the Lot Size Compatibility Ordinance, the 1997/1998 staff report that was authored by Mr. Fisher and him, the actual ordinance that was enacted in 1998, the Zoning and Land Use Table, and a color copy of the Future Land Use Map (all were received and filed).  He also submitted a document entitled “Application to Rezone Property” and an analysis that goes into the Comp Plan consistency of this application.  He stated attached to the legal analysis is a report issued in 1998, the ordinance that was enacted in 1998, P&Z staff’s report and the two staff reports promulgated before the Board, a letter from Mr. Bishop indicating that he spoke to Mr. & Mrs. Scala stating that they have no objections to the rezoning, and staff report, minutes, etc. of the Cardinal Glen approval in 1995 (all documents were received and filed).  He displayed aerial maps (received and filed) dated 1974, 1982, 1993 and 2002.  He indicated on the maps the location of the applicant’s property.  He stated staff has done their job and they formulated the objective finding that the BCC said that they wanted formulated.  There is an objective method that was enacted and codified to deal with applications just like the one before the Board today.  He stated he feels staff came to the right conclusion and made the right recommendations and findings.  He stated the objective decision-making process is before the Board and he is asking the BCC to apply the ordinance like it was drafted.  He added the only difference with the copies submitted to the Board and the one submitted into the Record is Mr. Aylor indicated in his affidavit that he has lost 50% of his boarding business and that was changed to 40%.

     Upon inquiry by Commissioner Morris, Mr. Groot advised 80% to 90% of the documents submitted are county documents.  The only ones that are not county documents is Mr. Aylor’s affidavit, the photographs, his legal analysis of additional Comp Plan policies and the state of State law, and his affidavit and resume.  Discussion ensued between Commissioner Morris and Mr. McMillan relative to documents being part of the record and whether or not to continue this request to allow staff time to review those documents.

     Upon inquiry by Chairman Henley, Mr. Groot advised if the Board reads together the Comp Plan, the Land Development Code (LDC) and the findings of fact in the Ordinance enacted in 1998, he is implying that the Board only needs to consider the lot size compatibility.  Discussion ensued.

     Chairman Henley stated he doesn’t feel the Board is bound by the lot size compatibility in order for them to make their decision, but they must use it as part of the data for their consideration.

     Mr. Groot stated he feels the finding, the calculation and determination of compatibility are objective standards which the BCC enacted to reach an objective result and that objective calculation has been made and brought to the Board by staff. 

     Upon inquiry by Commissioner Carey, Tina Williamson, Planning, addressed the Board to advise staff is actually using the zoning information and each zoning is assigned a certain weight in the analysis.  She stated the compatibility analysis is based on the zoning of A-1.  Discussion ensued relative to updating the Comp Plan and Future Land Use Map designations.

     Commissioner Morris stated he has concerns with the 18-page document entitled “Application to Rezone Property from A-1 to R-1AA” that Mr. Groot submitted.  He stated he must agree with Chairman Henley’s comment made to Mr. Groot relative to this.  He said the BCC must consider staff’s recommendations as well as from a variety of sources relative to the history of interpretation as intended by the code.   It is not required that the Board must follow staff’s recommendation.  They also take due consideration of the public hearings process by the P&Z and their recommendations.  The Board’s motion deals with the findings of fact and conclusions they have reached.

     Mr. McMillan stated the argument now is how the Comp Plan applies and the Board doesn’t have to resolve that issue.  The Board needs to determine the facts and then make a ruling.  The 18-page document that Mr. Groot submitted is basically his legal analysis of the plan and how he applies it to his client’s property as it relates to the advocacy of his client’s position.  If the Board denies this, then staff would provide the alternative legal analysis when they file a response.

     Mr. Groot read a section of the Plan Policies and Land Development regulations and the findings in the ordinance. 

     Commissioner Morris stated the procedure is how they conduct public hearings and how they take in findings of fact.  He stated he understands the argument that Mr. Groot is making and understands the counter argument Mr. McMillan would make.

     Mr. McMillan stated when the ordinance was adopted, the Board had concerns that this ordinance would somehow be utilized to lock in decisions and it would tie their hands.  They wanted to be assured that it would be a tool that staff would use in making their recommendations, but in no way would it bind the Board relative to any findings of compatibilities.

     Upon inquiry by Commissioner Dallari, Mr. McMillan stated what the 18-page document amounts to is citations to the ordinances and Mr. Groot’s legal opinion.  He stated he doesn’t believe it will provide factual basis one way or the other.

     Commissioner Dallari stated he would like staff to review the document and report back to the Board.

     Mr. McMillan stated if the Board wants a more detailed analysis, he would suggest that they continue the request.  Staff will get back to the Board at the next meeting.

     Commissioner Van Der Weide recommended giving the public an opportunity to make their comments.

     Chairman Henley stated the Board will continue with the hearing and then decide whether or not they want to close it to get an analysis from staff.  He stated he received several letters in opposition and some written comments with letters attached along with a petition (all were received and filed). 

     Commissioner Dallari stated he is submitting all of the e-mails (received and filed) that he has received as well.

     Michael Dugre, 5537 Rockinghorse Road, addressed the Board to state he is here to represent the homeowners’ association.   The residents are trying to preserve the community.  On the petition against the developer, he notices that Mr. Scala was opposed to the request.  He stated he has a copy of a Petition, as shown on page ________, from 50 homeowners who are in opposition to the request.  He added all residents that were contacted signed the petition.  He displayed maps (received and filed) identifying in orange the property owners who are opposed to the development.  It is a beautiful area with large lots and many of them are active farms.  Many of the residents use the McCulloch Road easement for a riding trail.  The residents feel that this is not in character to the community.  Copies of the PowerPoint presentation showing those wishing to speak against the project was received and filed.

     Mr. Fisher left the meeting at this time.

     Mr. Dugre stated Rockinghorse Ranches is not a community in transition.  Many of the property owners who have moved into the community adhere to the community lifestyle and they want to keep it that way. 

     Mr. Fisher reentered the meeting at this time.

     Mr. Dugre concluded that the community recognizes that development is inevitable.  It is the right of the property owner to develop that property, but it is not necessary to cram so many houses in such a small area.   The value of the property stands on its own and there are people out there that are more than willing to develop that property in a manner that mixes with the community.

     Patricia Zeh, 1590 W. McCulloch Road, addressed the Board to state the community that she lives in consists of 2½ to 10-acre properties.  The 25 acres immediately surrounding the 10 acres has a total of five houses on it.  She displayed a map (received and filed) showing the number of barns in the area.  She showed a video (received and filed) of their area so the Board can get a true feeling of their environment. 

     Vern Schmid, 5718 Rockinghorse Road, addressed the Board to display an aerial map (received and filed).  He submitted a packet (received and filed) consisting of a letter from Southern Realty Enterprises; signed contract that Mr. Neal agrees to the buyer’s attempt to rezone to single family; application for change of zoning; staff’s report dated 2/23/88; minutes of the P&Z hearing dated January 6, 1988; letter to Mr. Neal informing him of the 2/23/88 meeting to rezone; 2/23/88 BCC meeting minutes; packet containing information from property owners opposing the rezoning request held by the P&Z Commission; and summary of the BCC action on 2/23/88.  He reviewed the history of the property and previous zonings. 

     Peter Patenaude, 10612 W. McCulloch Road, addressed the Board to discuss the negative impact this will have on the property values, the unreasonable development plans, and the change being unfair to existing residents who remain in the neighborhood.  He stated the residents want to maintain what they have and that is why they moved to this area. 

     James Zeh, 1590 W. McCulloch Road, addressed the Board to state he is concerned not only for the safety of the horses and livestock but for the young children whose backyards will butt up against the barns and turn-out areas.  He discussed the concerns of local residents not being able to jog, ride bikes, walk dogs and ride horses along the side of the road.  He stated he feels this request is not consistent with the land use.

     Beth Brunner, 10628 W. McCulloch Road, addressed the Board to state she has lived in this area for over 16 years and this proposed change will raise many environmental concerns of this pristine area.  She stated there is wildlife in the area, such as eagles, gopher tortoises, red fox squirrels, and white tail deer.  She displayed photographs (received and filed) of the different wildlife that is seen in the area.  She said the main concern the residents have in the area is the environment and green space.

     Tom Patenaude, 1740 W. McCulloch Road, addressed the Board to request the Board to approve RC-2 zoning for every lot located on the Seminole side of McCulloch Road.  He submitted a Petition, as shown on page _______, from residents requesting RC-2 zoning change.  He stated when he moved in the area he asked about the history of the property and was told that this neighborhood was pretty much settled. 

     Elaine Addington, 1620 W. McCulloch Road, addressed the Board to state she and her husband love their multi-acre treed property and they have put many hours in its upkeep.  Their purpose is to preserve the atmosphere of the Little Econlockhatchee neighborhood.  She stated her grandchildren, as well as her nieces and nephews love to see the gopher tortoises and other wildlife on her property.  There are many varieties of birds and butterflies in existence in the summer months.  She said the eco-friendly environment could change drastically if 25 more homes were to enter the picture.  She advised that those structures would generate more traffic on the road and this would increase the safety concerns for those walking along the road.  Rustling Oaks is surrounded by other small horse farms and the land is amenable to its current use.  None of the homes are on less than two acres and many are on five or ten acres.  She requested the Board to vote to continue the rural way of life on McCulloch Road and for the safety of the animals.

     Len Zamonis, 5844 Tamanaco Trail, addressed the Board to state he has lived in Rocking Horse for 13 years.  He stated he moved in the area because of how it looks and the country setting.  He said the rezoning request is inconsistent with the area and he hopes the Board will vote against the rezoning.

     Andy Shaffer, 4095 Cardinal Glen Place, addressed the Board to state he is representing himself and Cardinal Glen Homeowner’s Association.  He stated they are opposed to the rezoning based on the density.  He submitted a Petition, as shown on page ________, from Cardinal Glen residents opposing the request that was submitted at the Planning & Zoning (P&Z) Commission hearing.  He said he has concerns that growth of this density would not be good for the community as a whole.  He added he was raised in Kissimmee and has a pretty good understanding about what unbridled growth has done to communities.  He said he doesn’t believe it is mandatory that Central Florida should become Los Angeles.  The voters and residents of Central Florida do not view this kind of growth as progress.  He stated he hopes the Board will support the residents in their opposition to this request. 

     Lorraine Holland, 3895 Branton Drive, addressed the Board to state she represents 13 families living on Branton Drive.  She stated she has one house on 20 acres and owns another 20-acre parcel that she is planning to sell to build three homes.  There is nobody living out there who is in agreement to this rezoning.  She stated she and her husband retired from the service and they couldn’t find any better place to live.  She said she doesn’t want more houses than at least one per five acres.  She requested the Board to deny the request.

     Mr. Groot introduced Philip Bressler.

     Mr. Bressler, Bressler Homes, addressed the Board to state the average selling price of the homes will be in excess of $600,000 to over $1 million.

     Mr. Groot stated the staff recommended approval for R-1AA during the 1988 rezoning request as well as R-1AA for the 1995 Cardinal Glen approval.  In terms of the changes in the area, McCulloch Road is now paved, Cardinal Glen is in place and those are significant differences.  He said the concept of changing the zoning and the Comp Plan shows where the issue is.   Objectively, this zoning classification should be approved.  He referred to lot size compatibility Ordinance 98-53 and read some additional findings.  He stated that is what Mr. Bishop has done.  He urged the Board to approve the rezoning application.

     No one else spoke in support or in opposition.

     Chairman Henley read into the record Land Use Section 12.7, Additional Compatibility Standards, and Section 12.5B, Zoning Classifications, of the Comprehensive Plan.

     Speaker Request and Written Comment Forms were received and filed.

     Letters from various residents requesting denial of the project were received and filed.

     District Commissioner Dallari stated the applicant has submitted an 18-page review of staff’s findings and he would like the County Attorney’s office to review that and report back to the Board.

     Commissioner Van Der Weide stated he will support the District Commissioners request to continue.

     Motion by Commissioner Dallari, seconded by Commissioner Morris to continue to April 25, 2006 at 1:30 p.m., or as soon thereafter as possible, request to rezone approximately 10.25 acres from A-1 (Agriculture District) to R-1AA (Single-Family Dwelling District), located on the north side of West McCulloch Road, 950 ft. west of Iron Bridge Road, as described in the proof of publication, Jim Bishop.

     Under discussion, Chairman Henley advised the Board will not take any comments from the public or the applicant’s representative.

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

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     Chairman Henley recessed the meeting at 3:05 p.m., reconvening at 3:14, p.m., with Commissioner Morris entering late.

ORDINANCE/Bright House Networks

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt an Ordinance entering into a ten-year franchise renewal agreement with Bright House Networks, LLC, received and filed.

     Matt Chesler, Community Information, addressed the Board to state staff is still working out a few details for the final language, therefore, they are requesting a continuance to April 25, 2006.

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

     Commissioner Morris entered the meeting at this time.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to continue to April 25, 2006 at 1:30 p.m., or as soon thereafter as possible, request to adopt an Ordinance entering into a ten-year franchise renewal agreement with Bright House Networks, LLC.

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

AMENDMENT/Benjamin Benham

     Proof of publication, as shown on page ________, calling for a public hearing to consider request for an Amendment to Development Order #96-455, Marquette Shores Borrow Pit, to release in whole the conditions on the property located on the south side of Marquette Avenue, approximately 650 ft. east of Ohio Street, Benjamin O. Benham, received and filed.

     Tony Walter, Planning Manager, addressed the Board to present the request as outline in the agenda memorandum, stating the proposed amendment is to release in whole the conditions of the 1996 development order, which shall no longer burden or run with the property.  On December 9, 1996, the County issued a development order as part of a settlement agreement on this property.  The property owners at that time were James & Betty Widdis and the applicant was Marquette Shores, Inc.  In 2002, the property was acquired by Benjamin Benham as Trustee of the Benjamin Benham Family.  On February 9, 2004, the property was annexed by the City of Sanford placing the property within their jurisdiction.  Because of the development order conditions “run with the land”, the applicant’s attorney, the City’s attorney and the County’s attorney have decided the best way to clear the title is to rescind the development order.  Staff reviewed the development order and all of the conditions have been met.  The one condition that runs with the land is the property to the north would remain as one-acre developments.  The city of Sanford’s intent would be to allow the property owner to develop consistently with the surrounding property in the area.     Commissioner Carey stated there are 1+ acre home sites up and down Marquette Avenue and the reason why that condition was placed on it was to protect the residents on the north side.  She stated she spoke to Mr. McMillan and he is recommending passing a resolution requesting the City of Sanford uphold the one unit per acre on the north so it will be consistent with the surrounding area.

     Attorney Steven Bechtel, 225 E. Robinson St., addressed the Board to state he wants to clarify that Mr. Benham is the property owner and he has the property up for sale.  It is up to the potential buyer and the city of Sanford to determine how they want to request it to be rezone.  He stated he has no problem what Commissioner Carey would like to do.

     Robert Martin, 3455 Ohio Avenue, addressed the Board to state he is not opposed to the request, but he has a problem with one condition in the development order.  The one condition that was placed on the property was the berm on the west side had to be removed 50 ft. from the property line.  The reason they did that is because water was retained on the properties on one side of the borrow pit.  His only concern is when development occurs, any water that may be created by any type of road or development may negatively impact his property.  He said he wants them to utilize the property; but wants to make sure it doesn’t impact him negatively.  The other condition was they couldn’t haul dirt on Marquette and Ohio Avenue and there are three or four school bus stops on that road.  If any development occurs at the borrow pit, he would like the main access way to be located on Lake Mary Blvd.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to approve an Amendment, as shown on page _______, to Development Order #96-455, Marquette Shores Borrow Pit, to release in whole the conditions on the property located on the south side of Marquette Avenue, approximately 650 ft. east of Ohio Street, Benjamin O. Benham, based on staff findings; and to adopt appropriate Resolution #2006-R-84, as shown on page ________, to be sent to the City of Sanford indicating that the County would like to see them uphold the one unit per acre formally on the north side of the property so it can be consistent with the homes in the area.

     Under discussion, Commissioner Morris informed Mr. McMillan that in the past he filed a conflict of interest with the original property owner as he had a business relationship him years ago.  He stated he would like to know that since he has not had any relationship with him for about 10 years if there is a conflict of interest.

     Mr. McMillan advised since Commissioner Morris had a relationship with them before he was a commissioner that there is no conflict of interest.  He stated the Board originally denied the borrow pit and it was the result of that litigation that this development order was entered as a settlement.

     Upon inquiry by Mr. McMillan, Commissioner Morris advised no one that he knows of would benefit from this now.

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

LEGISLATIVE UPDATE (Continued)

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-85, as shown on page _________, opposing House Bill 949 and Senate Bill 1608.

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

CHAIRMAN’S REPORT

     At the request of Chairman Henley, Jerry McCollum, County Engineer, updated the Board on the issue of SR 46.  He stated last year the City of Sanford had some Comprehensive Amendments and FDOT indicated that there were some problems with capacity on SR 46.  The Orlando/Sanford International Airport had some concerns about that because development will be occurring at the airport.  He said the Airport contacted FDOT Secretary, Mr. Gilhooley, at that time and they brought up some concerns and they did not get the issues resolved in terms of traffic and concurrency.  He said the County got involved and he prepared a letter, after meeting with FDOT and various property owners, indicating that the County taxpayers, through serious tax referendums, will be spending almost $300 million to mitigate impacts along Hwy. 17-92 by providing a parallel corridor.  The construction of East Lake Mary Blvd. will be opening in October 2006 and from a technical viewpoint, staff indicated to FDOT that SR 46 shows the road operates at Level of Service A or B.  The traffic count on SR 46 was 23,000 cars a day in 2001 and now it has decreased to 17,000 cars a day.  Staff had another meeting with FDOT last Wednesday and he made a conference call to Tallahassee.  Staff feels like that they have mitigated a lot of impacts along SR 46 by providing all the funding for roads in that area.  Staff also feels that the traffic volume and count shows that road is functioning well.  Staff is trying to get the department to provide some type of sign off or agreement on concurrency issues over a period of time in that area.  There are ways to address future four-laning of SR 46.  If staff gets additional funds from other state projects they are participating in, possibly trip funds could be used.  Another option is since right-of-way is being provided by property owners, the cost can be substantially reduced.  Therefore, they will have an opportunity, as they deal with priorities with MetroPlan this summer and fall, that this project may be advanced.  The most interesting thing is under SB 360, the County can put a State project in a 10-year CIP and if they did that they would be under the hook for that project.  The FDOT indicated that they couldn’t do that because it may violate the conditions of the five-year work program.  Under the FDOT interpretation, the County could enter into an agreement of that and be very specific whether or not they want to participate financially in it.  He stated he will be getting some answers from FDOT next week on all the questions that have been raised.

     Chairman Henley stated the reason why the Board wanted an update is because of the concerns that were raised this morning as to what action this Board should take. 

     Mr. McCollum stated he is dealing with technical issues and hopefully staff will have some type of answer on this next week.  If they don’t, he thinks they need to look at it from a policy perspective.

     Upon inquiry by Chairman Henley, Mr. McCollum advised he would rather the Board wait until the next meeting to take action.  He stated a MetroPlan meeting is scheduled for tomorrow and he hopes to get some type of answer from them.

     Commissioner Morris stated the issue is the Orlando/Sanford Airport Authority sent a letter to the Legislative Delegation relating to the mitigation issues and the lack of movement.  The issue is whether or not the BCC should do a joint letter concerning their continued concern. 

     Mr. McCollum stated he believes FDOT is in a position where they will give them a positive answer.

     Commissioner Morris stated the Board will give staff another two weeks to see how FDOT will respond.

     Mr. McCollum stated if staff does not receive an answer from FDOT, he can draft a letter and submit it at the next meeting.

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     Chairman Henley stated he believes the Board was made aware of him receiving a letter from Mr. Seeber in Oviedo requesting the Board to provide funds to assist with the completion of the roadway improvement in that area.  He stated he spoke to Mr. McCollum about this.

     Mr. McCollum stated he believes staff provided a response on that but he will check on it.

     Chairman Henley stated $6 million was already provided, but the Board has no objection to using part of that money to get that done.

     Mr. McCollum reminded the Board that Oviedo received $1.8 million as a Federal “set aside” for design.  He stated the County committed up to $6 million from the sales tax if they wanted to use part of that for that project, but there isn’t any extra money.

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     Chairman Henley stated he received a letter (received and filed) from Ray Valdes, Tax Collector, regarding the Annual National Association of Counties (NACo) conference.  He stated Mr. Valdes is asking the Board that he be designated to represent the BCC. 

     Commissioner Morris stated he would like other BCC members to get involved on that as he feels there are some activities that group has the BCC should be involved in.

     Chairman Henley stated the conference is scheduled for Chicago in August.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to appoint Ray Valdes, Tax Collector, as the Board’s representative for the NACo Conference.

     Under discussion, Commissioner Morris stated Mr. Valdes does a very good job, but it would be nice if one of the BCC members was involved in this group.  He stated some counties send their entire Board members to these conferences and he doesn’t think that is necessary.  Discussion ensued.

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

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     Chairman Henley informed the Board of a letter from Robert Bebber resigning from the Metroplan Citizens Advisory Committee and he requested the Board to adopt a resolution of appreciation for his services.

     Motion by Commissioner Carey, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-86, as shown on page ________, commending Robert Bebber for his services on the MetroPlan Citizens Advisory Committee.

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

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     Chairman Henley stated he received a letter from Polly Miller resigning from the Citizen’s Advisory Committee of MetroPlan as she is moving out of the area.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-87, as shown on page ________, commending Polly Miller for her services on the Citizen’s Advisory Committee of MetroPlan.

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

     Chairman Henley advised that the Board needs to recommend someone to fill that position.

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     Chairman Henley submitted an employee contract (not received and filed) for the new County Manager, Cindy Coto. 

     Commissioner Carey referred to Page 6, Section B relating to debilitating non-work related injury or illness.  She asked if that section was included in the previous County Manager’s agreement.  She also asked if a physical is required for this.

     Chairman Henley stated it is the same type of language as in previous agreements.  Discussion ensued.

     Commissioner Carey stated she feels the Board should make sure that Ms. Coto is healthy and she should have to take a physical or delete that section. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to delete Section B on Page 6 from the County Manager’s contract.

     Under discussion, Commissioner Morris stated the Chairman has another meeting prior to May 1 and he can report back to the Board if there are other alternatives.

     Commissioner Carey stated that is an issue the Chairman can bring back to the Board.

     Districts 1, 2, 3 and 5 voted AYE.

     Commissioner Henley voted NAY.

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     Motion by Commissioner Morris, seconded by Commissioner Carey to approve the Contract, as shown on page _______, with Cindy Coto, as amended, for the position of County Manager.

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

     Commissioner Henley voted NAY.

COMMUNICATIONS AND/OR REPORTS

 

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

1.        Letter dated 3/15/06 to Chairman (with attachment report) from Allan Keen, Chairman-Orlando Orange County Expressway Authority, re: Transmittal of Orlando Orange County Expressway Authority’s 2005 Annual Report.

 

2.        Agenda for April 20, 2006 Historical Commission Meeting.

 

3.        Letter dated 3/23/06 to Vice Chairman (with attachments) from Ray Eubanks, Administrator-Planning Review and Processing, Department of Community Affairs, re: Comprehensive Plan Amendment review.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager, Development Review Manager)

4.        Notice of City of Longwood Public Hearing on April 12, 2006 re: Land use change.

 

5.        Memorandum dated 3/30/06 to BCC (with attachment) from Jennifer Bero, Grants Coordinator, re: Report on grant awards and denials.

 

6.        Letter dated 3/29/06 to Chairman from Susan Vernon-Devlin, Casselberry Community Relations Coordinator, re: Casselberry’s Annual Report 2005 for the Community Minded City now on-line.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager)

 

7.        Notice of City of Oviedo Public Hearing on April 3, 2006 re: Live Oak Reserve Unit Four Planned Unit Development.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

8.        Copy of letter dated 3/20/06 to Lauren Milligan, Environmental Consultant, Fla. Department of Environmental Protection, re: Advance notification of widening of Seminole County Expressway.  (cc:  BCC, Public Works Director, Co. Engineer, Library & Leisure Services Director, Planning & Development Director, Co. Attorney)

 

9.        Copy of letter dated 3/24/06 to David Johnson, Seminole Co. Property Appraiser, from Cathy Collins, Budget Supervisor-Property Tax Administration Program, Fla. Department of Revenue, re: Instructions and schedules for FY 2006/07 budget.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Fiscal Services Director)

 

10.         Copy of letter dated 3/24/06 to Mayor John Bush, City of Winter Springs, from Mayor Linda Kuhn, City of Sanford, re: Request to consider supporting two amendments to the Seminole Co. Charter.  (cc:  Acting Co. Manager, Deputy Co. Manager, Co. Attorney)

 

11.         Letter dated 3/24/06 to Chairman from John Drago, City Administrator, City of Longwood, re: Mosquito Control Program.  (cc:  Acting Co. Manager, Deputy Co. Manager, Public Works Director, Fiscal Services Director)

 

12.         Identical letters dated 3/28/06 from Chairman re: Supporting the University of Florida’s legislative budget request for the Institute of Food and Agricultural Science’s 4-H Family Initiative program to the following:  Congressman Allen Boyd, Representative Corrine Brown, Congressman Ander Crenshaw, Representative Tom Feeney, Senator Mel Martinez, Representative John Mica, Senator Bill Nelson, Congressman Bill Young, and Congressman Dave Weldon. 

 

13.         Copy of letter dated 3/27/06 to Matt Coffman, Saturday Red Bug Tennis Group, from Joe Gasparini re: Appreciation for recent donation.

 

14.         Memorandum dated 3/30/06 to BCC (with attachments) from Kim Patterson, Information Technologies Manager, re: Migration to Outlook/Exchange.

 

15.         Copy of letter dated 4/6/06 to Lauren Milligan, Environmental Consultant, Fla. State Clearinghouse, from Jerry McCollum, Co. Engineer, re: Response to notification of widening Seminole Co. Expressway.  (cc:  BCC)

 

16.         Memorandum dated 3/24/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

17.         Letter dated 4/3/06 to Chairman from Dennis Cahill, President & CEO, Central Florida Family Health Center, re: Request for CDBG funding for parking lot expansion.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Community Services Director, Co. Attorney, CDBG Manager)

 

18.         Copy of letter dated 4/4/06 to Donna Wisniewski, Code Enforcement Officer (with attachments), from Richard Garvey re: Code violation received.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Sheriffs Office)

 

19.         Letter dated 4/3/06 to Chairman from Ray Eubanks, Administrator, Plan Review and Processing, Department of Community Affairs, re: Receipt of Seminole County’s Small Scale Development Plan Amendments.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Co. Attorney)

 

20.         Memorandum dated 4/4/06 to BCC from Don Fisher, Acting Co. Manager, re: Notice of vacation time off.

 

21.         Letter dated 3/31/06 to Chairman from John Bush, Mayor-City of Winter Springs, re: Follow up on issues discussed at the Joint meeting on March 22, 2006.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Community Services Director, Public Works Director, Library & Leisure Services Director, Co. Attorney, Economic Development Director)

 

22.         Letter dated 3/29/06 to Chairman from Ronald McLemore, City Manager-City of Winter Springs, re: Mosquito Control Program.  (cc:  BCC, Acting Co. Manager, Deputy Co. Manager, Public Works Director)

 

23.         Copy of identical letters dated 4/3/06 from Chairman re: Opposition to House Bill 949 to the following members of the Local Government Council:  Representative Ken Sorenson, Representative Julio Robaina, Representative Tom Anderson, Representative Mike Davis, Representative Alan Hays, Representative Terry Fields, Representative Matt Meadows, and Representative Yolly Roberson.

 

24.         Copy of letters dated 3/30/06 from Kenneth Roberts, Director, Public Safety, re: Appreciation for recent donations to the following:  Chris and Corrine Van Bibber, Yesenia Perez, and Connie Maratta.

 

DISTRICT COMMISSIONERS’ REPORTS

     Upon inquiry by Commissioner Dallari, Mr. Fisher advised he met with Mr. Green relative to the city of Lake Mary’s annexation issues and he will be sharing by the end of the week some of the talking points to the people in Birmingham.  He stated he will report back to the Board.

     Chairman Henley stated he will be extremely disappointed if he reneged on his agreement.  The one issue that Mr. Green needed to discuss with his official in Birmingham was whether or not they would donate the 1½ acres. 

     Mr. Fisher stated it was clear to him that they would stand by their original proposal. 

     Commissioner Morris stated he would like to see a copy of what the talking points are so he can see if it reflects on what occurred at the City of Lake Mary work session.  He stated the Board needs to have legal presentation relative to what their legal rights are with respect to the City’s Comprehensive Land Use changes.

     Commissioner Carey stated at that meeting, it was clear that Mr. Green was offering all the points that he spoke to.  The one in question was the request for them to dedicate the right-of-way for the extension of 417/International Parkway.

     Commissioner Morris stated the Board talked about doing a tri-party agreement and he would like to know who is drafting it.

     Mr. McMillan stated once the Colonial issues are resolved, staff will then get together with the city of Lake Mary to finalize the tri-party agreement. 

     Commissioner Morris stated they offered three acres as well as for additional office to be placed on green space land.  They did the original agreement with them and there is no such public purpose served of what they want to do.  The other thing is there was a discussion of other uses for the nine acres.

     Upon inquiry by Commissioner Dallari, Mr. Fisher advised he will provide the Board with the talking points and staff can also provide a time table when things will be taking place.

     Mr. McMillan stated he is not currently aware that there is a pending application for a land use change. 

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     Commissioner Morris referred to the personnel policy regarding the wage and hour and exempt employees.  He stated he doesn’t know that internally within the County’s code that it is not in conflict.  He said Ms. Coto will be coming on board on May 1 and maybe they can bring this issue back during a work shop.

     Chairman Henley stated he doesn’t have a problem bringing an issue forward to see if it is necessary to amend the policy code.

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     Commissioner Morris stated he is very concerned about the continuing corporate raiding of the employees and other governments.  The Sheriff’s office has picked up another County employee.  The Board had a direct request to hear about hiring County Attorney personnel and their wage adjustments.

     Mr. McMillan stated he sent a memo to the Board indicating that he had the ability to do adjustments within his current budget.  He stated he will be meeting with the consultants to see what they have come up with their surveys. 

     Upon inquiry by Commissioner Morris, Mr. Fisher advised staff requested a specific break out for planners, engineers and other positions.  Staff will be meeting with the consultants this week to obtain their findings.

     Commissioner Morris stated what concerns him is he has seen additional information where governments are incentivizing hiring by potentially adding a $10,000 sign-on bonus.  He doesn’t feel the County is competing aggressively in the market place. 

     Commissioner Van Der Weide stated he agrees that this is a problem that other counties are dealing with as well and he feels the Board should address it.

     Mr. McMillan stated other county attorneys’ offices are having problems with employees leaving as well.  He stated he can find 10 to 15 solicitations for Assistant City and County Attorneys in the Florida Bar News.

     Commissioner Van Der Weide stated another factor is when they are trying to draw new employees is the price of housing in Florida.  There is a major difference in the cost of living and the housing market than it was four or five years ago.

     Chairman Henley stated staff will be sharing that information as soon as possible.

     Mr. Fisher discussed with Commissioner Morris where they are on the 11% vacancy issue.

     Commissioner Morris stated if staff has to come back to the Board for authorization, then they need to be involved.  He stated he feels one should be aggressive in bringing personnel in to do the job or to pay them to recruit to do the job.  Otherwise the impact of the budget is going to cost ultimately far greater than not having them here at all.

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     Commissioner Morris stated he has two letters (one from the City of Sanford and one from the City of Longwood) regarding mosquito control.  He stated the letters are similar to the one from the City Manager of Winter Springs.  The mosquito control proposal is one by a Technical Advisory Committee involving all the groups and the County is doing the heavy lifting on this and the cities are being critical. 

     Chairman Henley stated he has responded to one of the letters and he is in process of responding to the other.

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     Commissioner Morris stated the issue of a medical examiner was discussed a few years back and the County ended up doing a joint contract with Volusia County, and that was a temporary solution.  The County was supposed to look at future space studies to see if a hospital expands that there would have be space for proper viewing and a morgue.  Because of the investigative issue of what a medical examiner does, he would like to know if the Board is interested in checking with law enforcement and the D.A. to see how that is going.

     Chairman Henley stated he feels it is appropriate to look at the numbers to see how they compare in the future.  He stated the County can discuss this issue with the hospitals to see if they have an interest in partnering with the County.

     Commissioner Carey stated a lot of the hospitals have expansion programs going on and that is the time to discuss this with them.

     Chairman Henley asked Commissioner Carey to contact the hospitals to see what kind of reaction that they can get.

     Commissioner Morris stated he can pursue Florida Hospital as well.

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     Commissioner Morris discussed the issue of the golf courses.  He stated he believes the contract for the Oviedo course has been removed and it is back on the table.  He stated whatever the private sector’s conflict was with Bank of America is now off the table.  The City has contacted UCF and they are right back to where they were.  He said he wanted to bring that to the Board’s attention.

     Commissioner Van Der Weide stated the Sabal Point Homeowner’s Association is still communicating with the bank.  The residents have indicated that they want a golf course.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-88, as shown on page _______, commending Fred Gaines for his services to the Historical Commission.

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

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     Commissioner Van Der Weide stated he would like to see if there is something that can be worked out to help the citizens testifying against a project rezoning.  He stated he feels these people need to be represented in some way or that they need to be warned by staff that if they do not have professional representation, they could have trouble if it goes to court.

     Chairman Henley stated it may be appropriate to develop some guidelines or information sheets.

     Mr. McMillan stated in the past they have come up with alternatives and had to proceed with the hearings.  There was a proposal to have someone whose job it was to put the other side of staff’s recommendations on the record.  The Board wasn’t interested in doing a public advocate for those in opposition.   He stated from his standpoint, he would like to have enough evidence on both sides so the BCC’s decision is defendable no matter which way it goes.

     Commissioner Dallari recommended putting an information packet clarifying to the public what qualified testimony is and how emotions don’t play into it.

     Mr. McMillan stated Lake County has a very quasi-judicial process where you have to submit evidence and be sworn in.

     Commissioner Carey stated staff could put the information together and post it as part of the agenda item on the internet, then they could see it far in advance.

     Mr. McMillan stated if they wish to provide testimony, a pamphlet describing the process would be available.

     Chairman Henley requested that staff put that together and bring it back to the Board for review.

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-93, as shown on page _______, commending Helen Stairs for her services on the Port Authority.

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

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     Motion by Commissioner Carey, seconded by Commissioner Dallari to appoint Kyle Kilger to the Seminole County Port Authority to fulfill the remaining term of Ms. Stairs.

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

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     Commissioner Carey stated she attended the CALNO meeting last Wednesday and they discussed the make up of CALNO and its accomplishments.  She advised that the resolution being proposed relative to Home Rule was dismissed.  She stated one issue that was discussed was the Leadership Seminole class project (Children’s Village) that is being done and she has a complete list of needs to help renovate the facility.  They are in need of donations of a lot of different type of things and any contribution would be appreciated. 

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     Commissioner Carey stated she and Commissioner Morris will be attending the ECFRPC Retreat scheduled for April 18 and 19 and there will be discussions on how the Planning Council will move forward in the future.

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     Commissioner Carey wished everyone who will be celebrating Passover and Easter on Sunday a happy holiday.

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     Commissioner Dallari updated the Board on driver’s education.  He stated the School Board and John Bush, Mayor of Winter Springs, will be trying to do a pilot program.  He said he spoke to the Executive Director of MetroPlan and they think they will be able to commit to teaching materials as well as partially funding simulators.  He stated the Executive Director of MetroPlan will be going to Tallahassee to try to get additional funding for the pilot program.

     Commissioner Morris requested Commissioner Dallari to mention to the MetroPlan Executive Director that the MPO’s are having their Legislative meeting, he believes, on April 27 or 28.  He stated they may be able to approach them and the DMV at the same time.

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     Commissioner Dallari stated he has had conversations with the Secretary of Elder Affairs.  He stated he has asked Carol Phillips to present to the Board a report on their program called “Communities for a Lifetime.”  He submitted a packet containing brochures and a sample resolution.   He asked that this be placed on the agenda at the next meeting.  He stated Ms. Phillips would like to be in attendance to answer any questions the Board may have.

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     Commissioner Dallari advised he has had some correspondence from Jason Weeks in Altamonte Springs indicating that the National Soccer Coach Association of America is requesting a proposal for a new national office and coaching education facility.  He stated Mr. Weeks wants to know if the County is interested in this and if they are, he would like staff to work with them to try to put something together. 

     Commissioner Carey stated Lake Sylvan Park has some beautiful facilities that can be utilized.

     Commissioner Dallari stated he would like to talk to the City of Altamonte Springs as well as staff.

     Upon inquiry by Commissioner Morris, Commissioner Dallari advised he has not discussed with the city of Altamonte Springs to see if they are in the soccer business as well. 

     Sally Sherman, Deputy County Manager, stated staff is currently working with the Association and pulling together facts and information so it can be brought back to the Board. 

Upon inquiry by Commissioner Dallari, Ms. Sherman advised she would have to get a status update on the exact timing, but staff is doing due diligence to make sure that everything is viable.

     Commissioner Dallari stated the reason he was asking is because this is time sensitive.

     Commissioner Carey stated Commissioner Dallari can be the point person for the Board.

     Ms. Sherman stated staff is working directly with the National Soccer Association.

     Commissioner Van Der Weide stated the Board pledged money to the women’s softball team that was going to be practicing at Merrill Park.

     Chairman Henley stated $400,000 was appropriated to bring the stadium up to par.  He stated he feels it is appropriate for staff to find out where they are in that plan.

     Commissioner Carey stated if that project isn’t moving forward or is no longer a viable sport, then they should be looking at spending that money for women’s softball at Jetta Point. 

     Chairman Henley stated the Board needs to keep in mind that they approved this morning an exception for them.  The Board, at their last meeting, amended their rules to go beyond the $25,000 for the project to bring that venue of several different sports to Seminole County out of Orange County.  There is a proposal coming before the Tourism Development Council (TDC) from the Collegiate League requesting appropriations.  He stated there is a gaining interest in bringing a minor league team into Seminole County.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:35 p.m., this same date.

 

 

ATTEST______________________Clerk_____________________Chairman

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