BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

APRIL 25, 2006

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, April 25, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Brenda Carey (District 5)

     Commissioner Dick Van Der Weide (District 3)

     Acting County Manager Don Fisher

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     The Invocation was given by Pastor Paul Hoyer, Holy Cross Lutheran Church, Lake Mary.

     Commissioner Van Der Weide led the Pledge of Allegiance.

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     At the request of Commissioner Morris, Pastor Hoyer discussed the project that he and other churches are organizing with regard to a free health clinic.  He stated they have contacted an organization called “Shepherd’s Hope” that does free clinics.  This is for residents who do not have health insurance but they have to meet a particular income requirement.  He said they are in the process of leasing two spaces in the Fairmont Plaza owned by the Christian Sharing Center in Longwood.  He added he is in the process of signing a lease within the next week.  They are looking for a couple of


cooperative corporations that can help them do the build out.   He reviewed the way the Shepherd’s Hope works during the day and evenings. 

Commissioner Van Der Weide stated he feels that Pastor Hoyer has picked an excellent location for this clinic.

     Pastor Hoyer stated Holy Cross will pick up the rent on that and hopefully other churches will help find the extra doctors and nurses to volunteer.   

     Chairman Henley stated at a recent meeting with Envision Seminole they spent quite a bit of time discussing this and the value of the service that could be rendered to Seminole County.  He stated in spite of the fact that Seminole County is the highest per capita income in the State of Florida; Seminole County still has its pockets of poverty.  People living below the poverty level are working good jobs, but the inflation and cost-of-living have increased so much and they cannot meet the demands of insurance.

     Pastor Hoyer stated Mike is the one who has been apprised of this and guided them in getting started with this program.

     Commissioner Van Der Weide stated as they address the Christian Sharing Center funding issues in the upcoming budget, he informed Mr. Medley that he should re-evaluate what the County is doing with the funding and maybe give Shepherd’s Hope some assistance.

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     Chairman Henley informed the Board of some changes to the agenda.  He stated Item #25, release of Performance Bond for Buckingham Estates, has been pulled; Item #39, briefing for Communities for a Lifetime, will be rescheduled; and Item #44, Land Use Amendment public hearing for William Abbott, has been withdrawn.

     Don Fisher, Acting County Manager, addressed the Board to state Item #38, Compensation and Benefit Study Briefing, has been delayed until this afternoon’s meeting. 

AWARDS AND PRESENTATIONS

     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-90, as shown on page ________, proclaiming April 27, 2006 as “Seminole County Volunteer Appreciation Day”.

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

     The Board presented the Resolution to those volunteers who provided quality service and help to others.  Linda Batman addressed the Board to express their appreciation for recognizing the volunteers. 

     Commissioner Carey recognized other volunteer members in attendance.

     Commissioner Van Der Weide stated he hopes to see everyone at the volunteer appreciation dinner on Thursday, April 27, 2006.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-89, as shown on page ________, proclaiming April 23-29, 2006 as National County Government Week “Protecting our Communities”.

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

     The Board presented the Resolution to Paula Ritchie, Public Safety, who addressed the Board to express her appreciation.

     Glen Castle addressed the Board to highlight some of the things that are scheduled.  He stated he would like to express a special recognition to the Girls and Boys Town for their help.

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     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-92, as shown on page ________, honoring NR Electronics, Longwood, FL for receiving the Export Achievement Award from the U.S. Department of Commerce.

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

     The Board presented the Resolution to Norberto Ruiz and Liza Ordonez.  Ms. Ordonez addressed the Board to express their appreciation on behalf of NR Electronics. 

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-91, as shown on page ________, honoring Dario J. Moore as Seminole County’s “Artist of the Year 2006”.

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

     The Board presented the Resolution to Mr. Moore, who addressed the Board to express his appreciation.  He stated U-Turn Dance’s intention is to build a $3.7 million performing arts center and Freedom Theater in Seminole County.  He invited everyone to come and help them out.

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-94, as shown on page ________, proclaiming Thursday, May 4, 2006 as “National Day of Prayer”.

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

     The Board presented the Resolution to Pastor Charles Holt, St. Peter’s Episcopal Church, who expressed his appreciation for the recognition.  He pointed out that there is a partnership taking place with various churches called “Ministerial Alliance”.  He said National Prayer Day will be celebrated on May 4 at the Lake Mary Marriott.  The Seminole County Chamber of Commerce will be giving up the Good Morning Seminole time slot and partner with the churches and community to spend that time in prayer.  He invited everyone to join them at the Lake Mary Marriott.  He acknowledged that they will be praying for their sister community in Pass Christian, Mississippi and Harrison County that were hit by Hurricane Katrina.  The residents in that area are still in dire need and they need to continue to hold up their fellow brothers and sisters.  He displayed and briefly reviewed a map of Florida (received and filed) showing a county-by-county break down of the percentage of the population at worship in all Christian churches.  He pointed out that Seminole County has the lowest percentage of population worshipping on a Sunday morning in Christian churches and everyone needs to be aware of this.  He hopes Seminole County will begin to focus on the need to worship God and honor him one day a week.

     Commissioner Carey reviewed the number of events going on May 4 as well.

     Chairman Henley stated he feels it is important that this community takes the time to reflect upon the principles that this country was founded on.  He stated an annual prayer breakfast is scheduled every year, but there are other churches that have sponsored this for a number of years.  Therefore, he encourages the BCC to join with the community on this issue.

COUNTY MANAGER’S CONSENT AGENDA

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

Administrative Services

Support Services

6.          Approve and authorize Chairman to execute Lease Agreement, as shown on page ________, for Reflections for Environmental Services Program Management Contractor.

 

Community Services

Community Assistance

7.  Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page _________, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Helen D. Foltz; Benny and Lizette Garcia; Enoch and Dialma Gonzalez; Erika M. Johnson; Jonathan and Michele Justice; Calvin and Vicki Kaufman; Leroy and Marion Nathan; and Michael C. White.

8.  Approval by the Board of County Commissioners to continue participation in the Florida Department of Law Enforcement’s Edward Byrne Justice Assistance Grant Program and authorize Chairman to execute the Certificate of Participation, as shown on page ________.

 

Environmental Services

Business Office

9.  Approve and authorize Chairman to execute Release of Water and Sewer Capacity, as shown on page _________, between Seminole County and SFR Investment, LLC for the project formerly known as Calibron. 

10.  Approve release of original Water and Sewer Maintenance Agreement with Letter of Credit #FGAC-05238 ($70,500.00) for the project known as Estates at Wekiva Ph 1. 

 

Fiscal Services

Administration

11.  Budget Amendment Resolution #2006-R-95, as shown on page ________, #06-55 - $306,810 - Public Works – Transportation Trust Fund.  To provide funding to construct an intersection improvement at Line Drive and at SR 436. The project consists of maintenance of traffic, installation of inlet curbs and pipe culverts, signage, stripping and markers. The lowest qualified bid for this contract was $256,191 and is included on this meeting’s Purchasing Consent Agenda for Board approval. The project has additional funding requirements for CEI costs.  The current project budget of $153,042 is in the Stormwater fund and will be unappropriated as part of the midyear adjustment. The overall life of project cost is estimated to be $334,582 with project completion anticipated for June 2006.

12.  Budget Amendment Resolution #2006-R-96, as shown on page ________, #06-56 - $5,035,200 - Public Works – 1991 Infrastructures Sales Tax/Arterial Impact Fee Funds.  To provide additional funding for the Airport Boulevard road widening project, consisting of all labor, materials, equipment, transportation, coordination and incidentals necessary for the construction of a four lane urban roadway section approximately 3.61 miles in length (US 17/92 to SR 46).  The amendment is inclusive of additional funding of $4,961,134 and re-assignment of $74,066 of existing project budget.  The lowest qualified contractor bid for the construction portion of this project is $22,972,100 (included on this meeting’s Purchasing Consent Agenda for Board approval).  Upon approval, the budgetary balance of the interfund loan due from the Arterial Impact Fee Fund to the 1991 Infrastructure Sales Tax Fund is $65,440,042.  Anticipated completion date is June 2008.

13.  BCR #06-18 - $250,000 - Public Works – Engineering – Accounting adjustment to allow for payment to the Florida Department of Transportation, as a required 50% County Incentive Grant Program match for the construction of State Road 434 to six lanes from Maitland Boulevard to State Road 436 approved by the Board of County Commissioners on April 11, 2006 (Item 28).  In accordance with Generally Accepted Accounting Principles, the expenditure is being classified as Aid to a Governmental Agency, not as a capital expenditure, since the resulting asset constructed with these funds will not be owned by the County.

PURCHASING

14.  Award CC-0452-06/BHJ, as shown on page ________, Line Drive and Border Lake Road Roadway and Drainage Improvements to Conpilog International Company of Altamonte Springs ($256,190.97).

15.  Award CC-0569-06/TLR, as shown on page ________, Airport Boulevard Phase II & III to Hubbard Construction Co., Orlando ($22,972,100.20).

16.  Approve Change Order #2, as shown on page _______, and accept and authorize Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1209-03/BJC-Geneva Wilderness Area Expansion project with PNL Commercial Corp.  (Change Order #2 decrease $5,851.52).

17.  Accept and authorize Chairman to execute Certificate of Final Completion, as shown on page ________, for CC-1202-03/BJC - Bookertown, Winwood, and Midway sidewalks with CWB Contractors, Inc., Bunnell.

18.  Accept and authorize Chairman to execute Certificate of Completion, as shown on page ________, for CC-1251-04/TLR - Kewannee Recreational Trail, Phase 1 with Central Florida Environmental.

19.  Approve Amendment #3, as shown on page ________, to Work Order #18 - Howell Creek and Tributary Control Project - PS-5116-02/BJC - Minor Projects Construction Engineering and Inspection Services - Keith & Schnars, P.A. of Altamonte Springs ($8,958.30).

20.  Award RFP-4265-06/GGM, as shown on page _________, Performance Work Statement for Utilities Mowing, Landscape and Maintenance Services to Ott Landscape Maintenance, Inc., Deland (Term Contract).

21.  Approve the Assignment, as shown on page ________, of IFB-3090-04/BJC – Term Contract for Solid Waste and Recycling Services for County Facilities from Onyx Waste Services Southeast, Inc., Apopka to Disposall, Inc., Altamonte Springs (Assignment).

 

Planning & Development

Development Review

22.  Authorize release of the Celery Avenue/Celery Farms Manor Right-of-Way Utilization Permit Maintenance Bond #5006849 ($7,191.04) (Bond Safeguard Insurance Company) for road improvements. 

23.  Adopt appropriate Resolution #2006-R-97, as shown on page ________, accepting Warranty Deeds, as shown on page ________, and cancel property taxes for land donated as Right-of-Way on Upsala Road south of SR46, Sanford from Seminole Warehouse Partners, Ltd.

24.  Adopt appropriate Resolution #2006-R-98, as shown on page ________, accepting Warranty Deeds, as shown on page ________, and cancel property taxes for land donated as Right-of-Way on Upsala Road south of St. Johns Parkway, Sanford from Pulte Home Corporation.

25.  Pulled from the agenda request to authorize release of Performance Bond #SU5008076 ($252,233.77) (Arch Insurance Company) for subdivision improvements for Buckingham Estates Phase 3 & 4 located on the north side of Markham Road, west of Sandy Lane and east of Lake Markham Road (Engineered Homes of Orlando, Inc).

26.  Authorize release of Letter of Credit #F843142 ($232,994.30) (SunTrust Bank) for subdivision improvements for Tuscany Island located on the west side of Tuskawilla Road at Old Bear Run.

27.  Approve and authorize Chairman to execute the final plat for Tally-Ho Estates located on the north side of East Chapman Road, east of Alafaya Trail.

Public Works

Administration

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

29.  Adopt appropriate Resolution #2006-R-99, as shown on page ________, and authorize Chairman to execute a Supplemental Local Agency Program (LAP) Agreement, as shown on page ________, with the Florida Department of Transportation for the following projects: Seminole-Wekiva Trail Underpass Design; Cross Seminole Trail North Construction and the State Road 46 Gateway Sidewalks Design.

30.  Adopt appropriate Resolution #2006-R-100, as shown on page _________, and authorize Chairman to execute a Supplemental Local Agency Program (LAP) Agreement, as shown on page _________, with the Florida Department of Transportation for the design of sidewalks along State Road 46 for the State Road 46 Gateway Sidewalk Project. 

 

Tourism Development

31.  Approve and authorize Chairman to execute a Memorandum of Understanding, as shown on page ________, between Seminole County and Sanford/Seminole Chamber of Commerce; Metro Orlando Economic Development Commission; Sanford Airport Authority; and Orlando Sanford International, Inc. and Seminole County Convention & Visitors Bureau for staffing visitor information booth.

 

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

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize execution of Subordination of Utility Interest Agreement, as shown on page ________, relating to Parcel Number 151 of the Bunnell Road improvement project, between the County and Florida Power Corporation d/b/a Progress Energy Florida, Inc.

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

CONSTITUTIONAL OFFICERS

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

33.  Approval of Expenditure Approval Lists, as shown on page ________, dated March 27 and April 3, 2006; and Payroll Approval List, as shown on page _________, dated March 23, 2006.

         

34.  Approval of BCC Minutes dated March 14 & 24, 2006.

 

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

 

1.         Amendment #1, as shown on page ________, to M-0239-03.

 

2.         Letter from Sarah Mirus, City Clerk, City of Longwood, re:  Annexation ordinance.

 

3.         Change Order #8, as shown on page ________, to CC-1202-03.

 

4.         Amendment #1, as shown on page _________, to Work Order #17 to PS-5116-02.

 

5.         Work Order #4, as shown on page _________, to PS-5182-05.

 

6.         Work Order #27, as shown on page _________, to CC-1262-05.

 

7.         Work Orders #68 & #69, as shown on page _________, to PS-556-00.

 

8.         Amendment #2, as shown on page _________, to Work Order #5 to CC-1188-02.

 

9.         Second Amendment, as shown on page _________, to RFP-4227-04.

 

10.         First Amendment, as shown on page _________, to Bid-2131-05.

 

11.         Work Order #1, as shown on page _________, to M-0779-06.

 

12.         Change Order #1, as shown on page _________, to DB-608-04.

 

13.         Change Order #1, as shown on page _________, to CC-1262-05 (W.O. #24).

 

14.         Certificate of Final Completion, as shown on page _________, for CC-1262-05 (W.O. #24).

 

15.         Change Order #2 (Unilateral), as shown on page __________, to CC-1261-A-05.

 

16.         IFB-3131-06 Term Contract, as shown on page __________, A1 Orange Cleaning Service.

 

17.         Letter from George Gilhooley, P.E., Florida Department of Transportation, to Maryanne Morse, Clerk of Court, re:  Public hearing for SR 46 Project Development and Environment (PD&E) Study.

 

18.         First Amendment, as shown on page __________, to IFB-3132-05.

 

19.         First Amendment, as shown on page _________, to PS-0381-06.

 

20.         Maintenance Bond, as shown on page _________, for sewer service in the amount of $1,083 for the project known as Lake Mary Collections, Greenwood @ Lake Mary; Maintenance Bond for right-of-way utilization in the amount of $7,000 for the project known as River Run Christian Church Assembly; and Performance Bond in the amount of $6,673,699 & Title Opinion for the project known as Sterling Meadows Subdivision.

 

21.         RFP-4267-06 Veterinary Services Contract, as shown on page _________, with Robert E. Walton, D.V.M.

 

22.         Work Order #9, as shown on page ________, to PS-5124-02.

 

23.         Change Order #5, as shown on page _________, to CC-1269-05.

 

24.         First Amendment, as shown on page _________, to IFB-3080-04.

 

25.         Work Order #11, as shown on page ________, to PS-5174-04.

 

26.         Work Order #22, as shown on page _________, to RFP-4214-04.

 

27.         RFP-0464-06 Appraisal Services Agreement, as shown on page __________, Maximus, Inc.

 

28.         Self Insurance Program Renewal, as shown on page _________, with Axis and Landmark, as approved by the BCC on 9/13/2005.

 

29.         Third Amendment, as shown on page _________, to IFB-3078-03.

 

30.         M-0807-06 Basic Contract, as shown on page __________, Clayton Roper & Marshall, Inc.

 

31.         Bids as follows:  CC-0569-06; RFP-4269-06; 2133-06; DB-0577-06; RFP-0580-06; RFP-4265-06; and PS-0709-06.

 

     SHERIFF’S OFFICE

36.  Approval to contribute $500.00 from the Law Enforcement Trust Fund to the Florida Department of Law Enforcement’s Missing Children Clearing House Advisory Board.

 

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

COUNTY MANAGER’S BRIEFING

     Suzan Bunn, Tourism Development Director, addressed the Board to request formation of a Seminole County Sports and Events Committee.  She displayed a PowerPoint Presentation (received and filed) and began by reviewing the purpose and goal of the Sports and Events Committee.  She reviewed the structure of the committee and identified the membership.  She advised they have developed its operational plan and set meeting frequency.  Support staff for this group will be provided by the CVB. 

     At the request of Chairman Henley, Ms. Bunn elaborated on the committee’s operational plans. 

     Chairman Henley stated when he read this and then reviews what occurred at the last Joint City/County meeting, he doesn’t see any of the changes that were made at that joint meeting in this report, and that concerns him.  He stated the directions were clear that the main responsibilities were to coordinate the facilities to compliment the events that the Central Florida Sports Association was going after. 

     Commissioner Morris stated the Joint City/County Committee had to weigh very carefully the objections of two diverse opinions.  The committee had a very good debate and they outlined very carefully what the summation the committee could support.  He stated he feels it would be better to have the BCC review the minutes outlining what the recommendations are.  Therefore, he would recommend deferring this for a month and bringing it back at the second meeting in May.

     Chairman Henley stated he doesn’t have a problem with that.  The main problem he has is the desire of people getting into the marketing end of it, which County staff is not trained to do.  He stated he feels it is appropriate for them to go back to the minutes.

     Commissioner Dallari stated he doesn’t want this committee to either have conflict or be in competition with the TDC.  He stated in reading some of the objectives he sees some competition with the TDC, and he can’t see having two boards going after the same goal.

     Commissioner Carey stated she feels it is important that they coordinate with the other cities and the County so that all of them can support the Central Florida Sports Commission initiative.  She stated she thinks they understand what the task is, but they haven’t put it into words that were acceptable. 

     Commissioner Van Der Weide stated he would be opposed to having two committees working against each other.  He stated he feels they would be going backward if two committees are in conflict with each other.

     Chairman Henley stated the Joint City/County Committee was trying to refine what each one’s responsibility was and how they will work together from the standpoint of incorporating all the facilities available in Seminole County and the municipalities.  He stated he feels the minutes may have to clarify some of that.

     Commissioner Morris stated they do have a program that is meeting everyone’s objectives including the proponents of the committee.  He stated he thinks they can clarify this before it comes back to the Board the second meeting in May.

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     Chairman Henley advised that Item #38, Compensation and Benefit Study, will be moved to this afternoon’s meeting.

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     Chairman Henley advised that Item #39, Communities for a Lifetime, will be rescheduled.

LEGISLATIVE UPDATE

     Sally Sherman, Deputy County Manager, addressed the Board to review the legislative issues as outlined in the agenda memorandum.  She stated there are about two weeks left in the session and it will end on May 5.  There do not appear to be any proposals to extend the session.  She referred to and reviewed SB1020, Development of Regional Impact.  The County’s support or opposition of a bill is based on the bill’s language.  Since this bill (SB1020) has been submitted, there have been three versions that have gone through as well as nine amendments.  Staff does have some concerns and they are reviewing this bill and associated bills with the Legislators.  She stated Commissioner Morris spoke with the Governor regarding the outcome of some of these bills.  Staff will be restructuring the agenda to eliminate any confusion and assumptions on how the Board feels about a specific bill.  She referred to SB1020, SB1194 and SB1357. 

     Upon inquiry by Commissioner Dallari, Commissioner Morris advised he is very concerned with the interlocal service boundaries agreement bill, and also there is a utility bill, i.e. the cable service, that Senator Constantine is trying to work a compromise on. 

     Commissioner Van Der Weide stated they only have two weeks to go and they don’t seem very willing to take a lot of local input on local issues.

     Commissioner Morris stated he feels the BCC should oppose SB1020 and SB1194.  He stated he feels the entry level of telephonic companies going into cable service is bad news.

     Ms. Sherman stated SB900, Cable Service and Video Programming, passed yesterday in the Community Affairs Committee and what it did was retain local government as the franchise authority.  What they are pushing is HB1199 to make sure it is in keeping with SB900.

     Matt Chesler, Community Information, addressed the Board to advise the Senate bill requires them to modify the County ordinance within the next five years to put in the requirements.  He stated the scary bill is HB1199 and that takes away all local franchising authority and gives it to the State.

     Commissioner Van Der Weide stated these bills come at you with about ten different points and all ten are bad.  Six are eliminated but there are still four working against local government.  They are trying to bypass local governments on a lot of the issues the County has been responsible for years. 

     Chairman Henley stated he feels important issues that impact the community are being preempted from local government.

     At the request of Ms. Sherman, David Johnson, Property Appraiser, addressed the Board to review the Save our Homes Bill and an increase in Homestead Exemption.  He stated these bills are not moving very quickly and he is not sure if they will see anything come out of it in this session.  He said the problem is this is not going to go away because it grows and grows each year.  He displayed and reviewed graphs (received and filed) showing the average Save Our Homes caps, portability values, and 2006 projection of increase in homestead exemptions.  He pointed out that as they grant more exemptions to a certain class of property, other classes of property will have to pick up that burden. 

     Upon inquiry by Chairman Henley, Mr. Johnson explained how that is justified under equal protection.  He stated the other issue of importance is doubling the homestead exemption and that could have a bigger impact. 

     Commissioner Van Der Weide stated what is taking place now is people are selling their homes for astronomical prices and moving out of State and buying a larger home in Tennessee, North Carolina and North Georgia and still have extra money in the bank.  Discussion ensued.

     Robert McMillan, County Attorney, reviewed what happened with some MSTU’s when the homestead exemption was increased last time. 

     Mr. Johnson stated the Chambers of Commerce and PBAS took an interest in the doubling of homestead exemption last year and they were ready to educate the people about that issue. 

     Susan Dietrich, Assistant County Attorney, addressed the Board to explain that SB1608, Charter County Preemption, is in the Judiciary Committee.  She stated its companion bill, HB949, has basically died. 

     Ms. Sherman stated Senator Webster indicated that he is not inclined to hear that bill again, but the overall feeling is the counties are solid in the House as it relates to this bill. 

     Ms. Dietrich reviewed SB1194 relating to Interlocal Service Boundary Agreement.  She stated the companion bill is HB1357 and it was voted out 9-0.

     Commissioner Morris stated there were two amendments that were tacked on this in April.

     Commissioner Van Der Weide asked if staff has done anything on title and pay day loans.  He stated he understands these organizations want to bring that before Tallahassee and bypass local governments.

     Ms. Sherman stated she recalls seeing something on that, but she will get with the lobbyist on that today.

     Ms. Dietrich informed Commissioner Morris one amendment was a technical amendment and the other one clarified the circumstances in which an independent special district may initiate negotiations to achieve the interlocal service boundary agreement.  She stated she can provide the Board with the exact language.

     Commissioner Morris stated there is a part of it that is important relative to telling when they can challenge.  This is basically trying to put meat behind the growth management act.

     Commissioner Dallari asked if they are changing their position on some of these bills.  He stated he has concerns with SB1020 and he feels they need to change their position on it.

     Ms. Sherman stated staff will change that to make it clear.

     Commissioner Carey stated she feels a footnote needs to be added saying bills change daily and the BCC’s position may change. 

     Upon inquiry by Commissioner Dallari, Ms. Dietrich advised the house bill companion (HB683) for SB1020 is on the special order calendar. 

     Commissioner Carey requested staff to contact Mr. Bobby Brantley so the Board can get an update by the end of the day.

     At the request of Commissioner Morris, Jerry McCollum, County Engineer, addressed the Board to state staff received a draft letter from the Florida Department of Transportation (FDOT) last week indicating that there was some minor wording relating to the SR 46 issue.  He stated he is supposed to have a redraft by lunch that addresses 17-92 and SR 419.

     Commissioner Morris stated the County was found to be out of compliance by DOT with respect to transportation concurrency issues.  They are trying to get an annual review and that review, they believe, will be favorable.  He stated he feels some technical language will be worked out and FDOT will have the opportunity to get this under the five year work plan.

     Ms. Sherman stated she believes the Florida Hometown Democracy is still under review and she doesn’t believe it has enough legs to go through this round, but she will check into it further.

CHAIRMAN’S REPORT

     Chairman Henley stated he met with Dede Schaffner from the School Board regarding their work on the Driver’s Education program.  He continued by reviewing what the program will entail and who will provide the books and simulators.  He said he asked Ms. Schaffner to start thinking outside the box regarding this because he doesn’t think that $2 million is enough money to serve all the kids.  He stated he asked how much the School Board is planning to put in the program and he did not get an answer yet. 

     Commissioner Carey stated Ms. Schaffner informed her that she is going back to talk to the committee and MetroPlan.

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     Chairman Henley stated the Mayor of the City of Sanford sent a letter alerting him that the City has been notified that they are receiving a Youth Bill program grant for a joint effort with the city, county, school district and several nonprofit agencies.  They are asking the County to appoint a person to serve on that Board.  He stated the Manager is on there and the County Commission member would be an ex-officio member.  He said he asked Mr. Fisher to discuss this issue with Ms. Coto when she comes on board.

     Commissioner Carey stated since the City of Sanford is in her district, she feels it would be appropriate for her to sit on that Board.  The Board voiced no objections to Commissioner Carey serving.

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     Chairman Henley stated Mayor Bush sent a letter correcting the letter that was previously sent out regarding mosquito control. 

     Upon inquiry by Commissioner Dallari, Chairman Henley advised he has received a letter from the City of Lake Mary but there are some misunderstandings which they have attempted to correct.  He stated they were under the impression that there would be no charge to the city or its citizens.  He said the minutes reflect that there would be no cost to the city, but didn’t say anything about its citizens. 

     Commissioner Dallari stated he was referring to the Colonial Town issues that were discussed during the work session.

     Chairman Henley stated he has not heard from the city on that other than the fact they are proceeding with the land use change. 

     Mr. Fisher stated he plans to submit a report on that this afternoon.  He stated he and Chairman Henley met with Mr. Tom Green and Ken Wright and they seem to have come to an agreement. 

     Upon inquiry by Commissioner Morris, Chairman Henley advised he and Mr. Fisher were attempting to clarify some points in order to be able to come back to the Board.

     Mr. McMillan stated he believes they have reached some consensus on how to implement all the things that were in the letter, and all the things the Board were concerned with and do it in a way that most of it will be done through the agreement with Colonial Properties.  The only real issue Lake Mary needs to get involved in is the road and annexations.       Mr. McMillan stated a memo has been drafted on what they believe the agreement would contain.

     Commissioner Morris requested that the memo be circulated so that everyone can see it. 

     Chairman Henley stated it will come back to this Board for final say on any of the issues.

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     Mr. Fisher pointed out that if the Board wanted to delay this afternoon’s Risk Management meeting, they will need to know that now so they can notify everyone of same.

     Commissioner Van Der Weide stated he is planning to attend, but based on this afternoon’s agenda, they may be able to move it up.

     Mr. McMillan stated the Board cannot move it up before 4:00 p.m. because it was advertised for 4:00 p.m.

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     The Chairman recessed the meeting at 11:29 a.m., reconvening at 1:31 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to authorize filing the proofs of publication for this meeting’s scheduled public hearings.

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

PUBLIC HEARINGS

REZONE/JIM BISHOP, Continued

     Continuation of a public hearing from March 28, 2006 and April 11, 2006, to consider rezoning 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 feet west of Iron Bridge Road, as described in the proof of publication, Jim Bishop.

     Chairman Henley advised this item was continued from two previous meetings and the public input was closed at the last meeting with no new public input to be taken at this meeting.  If a Commissioner has a specific question of an individual, that person will be allowed to address the question, but not to make another presentation. 

     Mike Rumer, Senior Planner, addressed the Board to present the request.

     Commissioner Dallari asked Mr. McMillan if he had reviewed the information from Attorney Lonnie Groot at the last meeting and if he could give an update to the Board.

     Mr. McMillan advised he had reviewed that document and there is nothing in it that the Board needs to address at the public hearing.  It was basically a citation of Comp Plan policies that Attorney Groot believes supported his positions and a legal memorandum arguing that it mandated approval of his request.

     Commissioner Dallari asked County Engineer Jerry McCollum to comment on the memorandum he received from Attorney Groot.  Whereupon, Mr. McMillan said he would comment.  He stated he believes before the meeting the Board received a notice regarding ex parte communications (copy received and filed).  He asked the Commissioners if any of them had received any information from anyone who was a party to this proceeding or from staff that was something not already in the record. 

     Commissioner Carey advised she asked for a larger map to look at the entire area and that was brought to her office and she reviewed it.

     Mr. McMillan reminded the Board that their decision has to be based on the evidence they heard at the two prior public hearings and not from any information they have received from any other source that is not already in the record.

     Chairman Henley stated he personally had NOT received any information or data from anyone pertaining to this item that is not in the record.

     Commissioner Morris said he echoes the comments of Chairman Henley.

     Commissioner Dallari said that was the same for him.

     Chairman Henley stated the recommendation from the P&Z is to deny the request.

     Commissioner Dallari stated in looking at the applicant’s proposal, it’s a little deceptive when looking at the future land use.  They need to look at an aerial to get the flavor of the community to find out where it’s built out and where the density is.  In looking at that, it is clear to see that there is really no development bordering up against this piece of property and it doesn’t lend itself to that type of density. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to deny the rezoning of property 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 feet west of Iron Bridge Road, as described in the proof of publication, Jim Bishop; based on the staff findings and information as presented to the Board.

     Chairman Henley stated from the standpoint of the size indicated in the material (1300 square feet) and when you look at the surroundings on three sides, 21,780 square foot lots versus 11,700 square foot lots, he thinks that is part of the problem from the standpoint of compatibility with the others. 

     Commissioner Carey said also what’s a little deceptive is that in Orange County even though it’s A-2 future land use which allows for half-acre lots, they are developed into Country Estates of two acres and greater.

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

     Commissioner Carey said based on the past activities in the surrounding area, and this area and this particular lot and all the history they have dating back to the 1980’s, there hasn’t been a desire to change the land use.  She asked is there some reason why they don’t have staff go back and look at that area for the future land use.  She thinks when they have an area they know has been before the Commission many times, sometimes they need to go back and look at those targeted areas.  She thinks this might be one of them. 

     Mr. Fisher suggested that through the yearly process, staff could evaluate those particular private properties for appropriate land uses.  He said he would work with the County Attorney’s office as to any rights they may have vested in the LDR land use and what that might mean to change that to Suburban Estates.  He said they could evaluate that again with the EAR and report back to the Board when that time comes forward. 

     Tony Walter advised that would be in September.

ORDINANCE/BRIGHT HOUSE NETWORKS, LLC, Continued

     Continuation of a public hearing from April 11, 2006, to consider adoption of an ordinance approving and entering into a ten-year franchise renewal agreement with Bright House Networks, LLC, as described in the proof of publication.

     Commissioner Morris said he has a request to continue this item for another two weeks as they continue to work out the language.

     Motion by Commissioner Morris, seconded by Commissioner Dallari, to continue for two weeks to May 9, 2006, the public hearing to consider adoption of an ordinance approving and entering into a ten-year franchise renewal agreement with Bright House Networks, LLC.

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

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

RIGHT-OF-WAY VACATE/A.K. SHOEMAKER

FAMILY LIMITED PARTNERSHIP

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adopting a resolution to vacate and abandon the Loquat Drive right-of-way located in Section 34, Township 19S, Range 30E; and accept dedication of a 20’ Drainage and Utility Easement by the applicant to the County; as described in the proof of publication, A. K. Shoemaker Family Limited Partnership, received and filed.

     Denny Gibbs, Senior Planner, addressed the Board to present the request, stating staff has received the executed easement agreement from the applicant and staff recommends adoption of the resolution vacating the right-of-way.

     Chairman Henley asked if Commissioner Carey had received a copy of the letter (not received and filed) from Mrs. Jones.  Whereupon, Commissioner Carey stated she had.

Upon request of Commissioner Dallari, she advised the letter brings out that there has always been a drainage issue in the Ravenna Park area.  She said she has been out to the property and looked at the problem and pumping has been ongoing.  Gary Johnson, Public Works Director, has also been on the site and he can comment later in the hearing.  Commissioner Carey said she has spoken to Mrs. Jones and she is aware of the issue and that they might have an opportunity to fix part of the problem as part of this action.

     Dean Shoemaker, applicant, 214 Hickman Drive, addressed the Board to state in their request for this right-of-way, they have spoken with Commissioner Carey as well as staff regarding the drainage issue.  They have shot some preliminary elevations and that is one of the reasons they are going to move a drainage easement to where Loquat Drive is located.  They want to get the water where it is standing.  He said they can get to the ditch behind Lot 5 with the elevations they have shot at this time.  That is one of the main things in developing these remaining lots they would like to do for the corner of Tangelo and Beth Drive that sits in water. 

     Gary Johnson, Public Works Director, addressed the Board to state there has been a chronic flooding problem in this area related largely to the staging of the Smith Canal.  He said staff has on occasion pumped, temporarily moving the water from Beth and Tangelo and disposing of it to the canal.  The staff has confirmed a survey that there is sufficient fall for a gravity system of either swales or pipes to address some of the flooding on Beth Drive by using the easement as an outfall, and he believes there has been some discussion of how that might be accomplished when Mr. Shoemaker’s project comes in for permitting.  He said the larger project to solve the Smith Canal has not been worked out yet.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize the Chairman to execute appropriate Resolution #2006-R-101, as shown on page _______, vacating and abandoning the Loquat Drive right-of-way located in Section 34, Township 19S, Range 30E; and accept dedication of a 20’ Drainage and Utility Easement, as shown on page _______, by the applicant to the County located in Section 34, Township 19S, Range 30E between Lot 5 and the vacated right-of-way; as described in the proof of publication, A. K. Shoemaker Family Limited Partnership.

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

     Commissioner Carey asked the DRC staff to keep their eyes on this for when it comes in to make sure staff does whatever they can for the drainage, as Mr. Shoemaker has committed to do what he can, to help solve some of the issues.

SMALL SCALE LAND USE

AMENDMENT AND REZONE/BRYAN POTTS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR) and Rezone from A-1 (Agriculture District) to R-1BB (Single-Family Residential District) on 9.34+/- acres located on the west side of Longwood-Lake Mary Road, south of Washington Avenue and north of Lake Way Road, Bryan Potts, received and filed.

     Tina Williamson, Principal Coordinator, addressed the Board to state the applicant is requesting the land use amendment and rezoning in order to allow a single-family residential subdivision to be developed on the subject property.  The proposed land use amendment and rezone are estimated to generate 16 school children (eight elementary, four middle school and four high school) and will affect the northwest cluster for elementary schools, Greenwood Middle School and Lake Mary High School.  She advised the BCC on April 11, 2006, approved the final master plan for a 149-lot residential townhouse project that will affect the same schools.  That project is estimated to generate a total of 33 students (17 elementary, eight middle school and eight high school).  These students are not included in the enrollment and capacity numbers in the staff report.  She said staff is recommending approval of the requests based on the staff findings.  The Planning & Zoning Commission also recommended unanimous approval of the requests.

     District Commissioner Henley stated he had not received any communications regarding the recommendation.

     Mark Jacobson, Bowyer-Singleton & Associates, 520 S. Magnolia, representing Ashton Woods as their engineer, addressed the Board to state they agree with the staff findings and recommendations.  He showed a rendering (received and filed) of the PSP (preliminary site plan) they have submitted for review.  He said the minimum lot size will be 6,000 square feet, which is slightly larger than the minimum square footage in the surrounding PD’s; and the proposed minimum square footage of the houses is 2,400 square feet as opposed to the average of the adjacent PD’s being 2,200 square feet.  He also showed a proposed rendering (received and filed) of the houses that will go on the 50-foot lots.  He explained it’s an upper end product, which is planned as a high-scale development.  He said earlier in the month, he had met with Commissioner Henley to make sure they had addressed all his concerns related to the land use and zoning changes.  He reviewed those concerns regarding school capacity, water capacity and the consumptive use permit, turning radiuses of the internal subdivisions, internal and external sidewalks and an area for children to play. 

     Commissioner Morris discussed with Mr. Jacobson if the wet pond would be amenitized, intersection improvements in terms of ingress to and egress from the project and relocation of the sidewalk.

     Mr. Jacobson stated as part of the PSP approval, they were asked to match the widened right-of-way on the south of their property and they have agreed to an additional 25 feet of right-of-way reservation that they will dedicate with the plat. 

     Commissioner Morris clarified with Mr. Jacboson that the submission was a true rendering of the actual product and model they will be building.  He also discussed the parking capacity in the proposed driveway for additional parking; and Mr. Jacobson advised they anticipate at least 20 ft. from the back of the sidewalk to the garage.

     Upon inquiry by Commissioner Dallari, Mr. Jacobson explained why there would not be excel and decel lanes along Longwood/Lake Mary Boulevard. 

     Tom Radzai, Development Review, addressed the Board to advise what Mr. Jacobson explained is all the staff is requiring.  He said, typically, a right turn lane with less than 500 turning movements into the project only requires a larger radius and a bit of a flare which will function similar to a right turn lane. 

     Commissioner Morris said that is Mr. Radzai’s opinion.  He asked Mr. Fisher if that is what they have done in practice.

     Mr. Fisher answered that since Mahmoud Najda, former Development Review Manager, was employed with the County, that was the practice used and perhaps Mr. Radzai is carrying that through.  That is what he recalls how staff would apply the right turn lane requirement in the smaller subdivisions. 

     Commissioner Carey noted she did not see in the staff report that the applicant would dedicate the 25 foot right-of-way for future widening of the project.  Mr. Radzai stated the staff will look to see what the improvements require as far as additional right-of-way and whatever is necessary to accommodate the improvements, staff would get it at that time.  Commissioner Carey stated her concern is that the Board will not see this project again and this dedication is not in the development order or the staff comments.

     Mr. McMillan explained this is a code requirement.

     Mr. Fisher said the Board would see the project again when the final plat comes through.  He said there is a code requirement, but it is waivable by the Development Review Manager and the County Engineer.

     Mr. McMillan said this could be added in as an acknowledgement of the code requirement.  Discussion continued.

     No one spoke in support or in opposition.

     District Commissioner Henley recommended approval of the land use amendment and rezoning with staff findings and the addition of the 25-foot donation and inclusion of the design.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve and authorize the Chairman to execute Ordinance #2006-20, as shown on page _______, adopting a Small Scale Land Use Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR) and Ordinance #2006-21, as shown on page ________, rezoning from A-1 (Agriculture District) to R-1BB (Single-family Residential District) on 9.34+/- acres located on the west side of Longwood-Lake Mary Road, south of Washington Avenue and north of Lake Way Road, with the staff findings, addition of the 25 foot right-of-way donation by the applicant and inclusion of the design submitted by the applicant; as described in the proof of publication, Bryan Potts.

     Under discussion, Mr. Fisher recommended the Board receive the design as a voluntary commitment since this is a conventional zoning category. 

     Whereupon, Chairman Henley stated they could delete that from the motion and indicate the Board accepts the design as a voluntary agreement by the applicant. 

     Mr. McMillan explained the Board could not condition a straight zoning by a particular look of a house.

     Commissioner Morris amended the motion to approve with the voluntary addition of the 25-foot right-of-way dedication by the applicant.

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

SMALL SCALE FUTURE LAND USE

AMENDMENT AND REZONE/WILLIAM H. ABBOTT

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Future Land Use Amendment from Suburban Estates (SE) to Low Density Residential (LDR) and Rezone from A-1 (Agriculture District) to R-1AAA (Single-Family Dwelling District) on a 6.5+/- acres located at 4777 Gabriella Lane, approximately 1050 feet east of Tuskawilla Road; as described in the proof of publication, William H. Abbott, received and filed.

     Chairman Henley advised this item was withdrawn from the agenda by the applicant (copy of letter was received and filed).

     Commissioner Morris left the meeting at this time.

     Commissioner Dallari questioned if withdrawing this item means if the applicant comes back, he would start the process all over.

     Mr. McMillan said that was correct.

     Chairman Henley advised those in attendance that the applicant cannot reapply for a year unless the District Commissioner wishes to request a waiver. 

     Speaker Request Forms and attached Petition in opposition, as shown on page _______, were received and filed.

     Written Request Forms were also received and filed.

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     Chairman Henley recessed the meeting at 2:17 p.m. and reconvened it at 2:30 p.m.  Commissioner Morris returned to the meeting at this time.

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Van Der Weide stated everything is running smoothly as usual in his district.

     Commissioner Van Der Weide advised they now have a contract on the Sabal Point Country Club to continue to operate it as a golf course, and they also have a back-up contract.  If this doesn’t fall through, everyone should be very happy.

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     Commissioner Van Der Weide reminded everyone that the Port Authority Executive Director will be retiring the end of this year and a Personnel Committee is working on that. 

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     Commissioner Carey advised the East Central Florida Regional Planning Council held a summit last week and she, Commissioner Morris, and other representatives from Seminole County attended.  They discussed how the region will grow over the next five years and how will the Regional Planning Council’s role evolve with some of things going on in Tallahassee, and what the Board members can do to lead the region to shape it for the future.  She said this was a very informative and productive summit. 

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     Commissioner Carey reported the State Attorney’s Office will sponsor a Victims Rights Week Luncheon and Awards Ceremony tomorrow and she will be attending that.

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     Commissioner Carey stated a CALNO meeting will be held on May 3 and she will attend that.  She said at the last few meetings, there have been some lively discussions and debate, and some of the resolutions the Board members had concerns about have all been put to rest. 

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     Commissioner Carey recognized Angela Seachrist, Seminole County Firefighter, who recently completed the Boston Marathon.  She completed in the top 5% of the females and top 22% overall.

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     Commissioner Dallari advised he was given an invitation for May 21 to the Friends of Winter Miles equestrian fundraising event at Gene Kelly Park from 1:00 to 4:00 p.m.  He said all the Board members are invited to attend.

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     Commissioner Dallari stated there was a public meeting yesterday for the Brooks Lane/Gabriella Lane traffic calming device program and staff did a wonderful job.  He asked Mr. Johnson how the 30-day window period for the ballots to come back was selected. 

     Mr. Johnson said most of that process was based upon the existing MSBU parameters for gathering the ballots from the residents.  He thinks the 30 days came from that.  Commissioner Dallari said he thinks 30 days might be short and he asked if there was consensus to move that to 45 or 60 days.  Discussion ensued. 

     Commissioner Dallari also said there was a comment from the public asking if it should be 65% of the total residents or 65% of the ballots given back.  He asked for feedback from the Commissioners about that.  He stated he did not have a problem with the 65% as it stands, but he would like to see the 60 days time period.  Following discussion, the consensus of the Board was to extend the period to 60 days.

     Mr. Johnson advised that since the new procedure has been put in place, there have been three locations to go through this process and none have successfully achieved the 65%.  He said he’s not sure if that has anything to do with the fact the program was just recognized by the National Institute of Traffic Engineers as an outstanding traffic calming program from others in the nation.

     Commissioner Dallari stated Mr. Johnson and staff are doing a fantastic job.

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     Commissioner Morris recognized Robin Butler and her traffic safety team for doing a remarkable job.  He said the team has now won the Florida Bicyclist Program of the Year Award.  He congratulated the team for their good work.

COMMITTEE REPORTS

     Chairman Henley reported that Shelley Lawton from myRegion.org was at the last meeting of Envision Seminole and briefed the City Managers and City Mayors on the design study and on myRegion.org.  He said he has been critical for some time that they don’t have very many mayors who are attending that are on the board and yet, in Seminole County, half of the population is served by the municipalities; and he is sure there are similarities in other counties.  So, they are making an effort to reach out to them to help them think regionally rather than within the confines of the jurisdiction.  Also, there was a proposal by Chairman McLean to change the by-laws which would replace the chamber directors with the chamber president and he objected to that because the chamber Executive Director was not present and he didn’t think it was right to take up the issue without at least the courtesy of talking about the situation.  He said the issue was not voted on and may be pursued with the chamber from the standpoint of who they want to represent them, if there is any change. 

     Chairman Henley also stated Envision Seminole raised about $65,000 to do a survey to find out what the community wants as their priorities and he sent out a letter at the request of Envision Seminole (which they paid for) under the chairman’s signature inviting all of the elected officials in the County as well as others to attend a meeting.  He said the results are back, but have not been made public yet or shared with the board.  The consultant will attend the meeting to interpret the results.  He said each Commissioner will receive a letter.

     Commissioner Carey said even if someone cannot attend the meeting, she would like to get the results of the survey circulated in hard copy to everyone.

     Chairman Henley stated it has been suggested to try to televise the meeting so it could be viewed by the community for those not attending. 

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     Commissioner Morris advised that Jacob Stewart, Executive Director of the Orlando Regional Chamber of Commerce, has just won an award from the National Association of Regional Councils. 

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     Commissioner Morris complimented Chairman Henley on his announcement to run for his third term as county commissioner.

COUNTY MANAGER’S BRIEFING

     Mr. Fisher advised the consultant for the Compensation and Benefits presentation was not able to connect flights and was not able to be here today.  He said staff will present several other key positions they need to address as quickly as they can.  These are planners, engineers, attorneys, GIS analysts, heavy equipment operators, contract managers, and water and sewer mechanics.  He said Mr. McMillan will give a presentation with regard to the County Attorneys.  Mr. Fisher stated staff will attempt to do individual briefings to the Board regarding the items in the agenda package today and come back to the Board on May 9 with specific action items they can take up at that time. 

     Commissioner Carey stated at the Regional Council summit this issue was discussed.  She said this is not just something going on in Seminole County, but the raiding of employees is being experienced even in the private sector from firm to firm with a lot of commercial raiding going on.  It’s not just in Seminole County, but also in Orange, Volusia, Lake and Osceola counties.  All the other governmental agencies have come up with incentives and things like that.  She encouraged staff to talk to all the surrounding counties, especially those involved in the Regional Planning Council, to find out some of the things they are doing.

     Chairman Henley stated since the study update is being delayed, there is some additional information he would like to see made available.  He said there is no indication of who the market was--who the County is being compared with and what the positions and ranges are.  He wants to see that type information included in the presentation.

     Commissioner Morris asked if the statistical backup on the study was available.  Mr. Fisher said he will talk with the consultant who has information he needs to get wrapped up.  He said what staff has now for May 9 is the information on the key positions and statistical information to back that up.  He doesn’t know if the other part of countywide issues would be ready by May 9. 

     Chairman Henley also said he wants to know if the consultant looked solely at salary or the total compensation package.  He said the Board has to look at it from the standpoint of how much the position is costing the taxpayers which takes in the retirement benefits, health and hospitalization, as well as the salary.

     Commissioner Carey noted that a lot of the surrounding communities don’t have the benefits package that Seminole County has.  That has to be taken into consideration.  She said it would be nice to have this information before the meeting on May 9.

     Commissioner Dallari asked if the increase of petroleum is being addressed in the study.  Mr. Fisher said it is not, other than it being a cost-of-living factor.  He further said the cost-of-living would be likely done on some annual basis and there was no discussion on doing it quarterly or some other time.

     Commissioner Morris asked if the compensation for mileage was ever taken care of.  Mr. Fisher answered yes.

     Upon inquiry by Commissioner Dallari regarding the way the County buys gas or petroleum due to the increase, Mr. Fisher said he asked Frank Raymond to be present in case some questions came up.  He said he and DCM Sally Sherman spoke earlier today about resurrecting some conservation policy and not make it short-term but a permanent practice for the County, like car pooling.

     Frank Raymond, Fleet Manager, addressed the Board to answer that the County is currently buying off the Orange County coop and it is the lowest piggy-back available.  He said the price per barrel of crude oil is getting up to $75 per barrel and that is usually an indicator of what is going to happen with the per gallon price on fuel.  He answered further that there is no movement at this time for municipalities to convert some of their vehicles to ethanol.  He said it is not economically feasible to do that at this time.

COUNTY ATTORNEY’S BRIEFING

     Attorney McMillan said he would like to go ahead and move on at this point regarding compensation for his office.  He said the consultant’s recommendations were pretty much close to his conclusions, having looked at the County Attorney’s survey and statewide survey on what the other counties were paying.  He said he didn’t lose any of his people to any place outside the region.  That’s why he has provided the pay ranges for the local counties (copy of memorandum to the Chairman dated April 18, 2006, was received and filed).  He recommended going to the Volusia County range and asked for authorization to go ahead and make the adjustments to his office incumbents.  He said he has the funds already in his budget to make the adjustments.  In the new budget year, it will cost approximately $80,000 annually for these adjustments.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the recommendation of Mr. McMillan to establish the compensation range of $54,000 to $120,000 for the Assistant County Attorney positions; and authorize him to make adjustments in his office to the incumbents.

     Under discussion, Commissioner Morris amended the motion to reflect the range of $62,000 to $120,000.  He explained $62,000 would put the range between the Osceola and Volusia counties’ range.  He said he thinks they should set the minimum level that is commensurate with the average person getting out of law school.

     Districts 1, 2, 3, 4 and 5 voted AYE on the amendment to the motion.

     The vote on the motion, as amended, was taken with Districts 1, 2, 3, 4 and 5 voting AYE.

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     Mr. McMillan advised the oral argument at the Fifth District Court of Appeals was held a week ago on the rural boundary case and he thought the oral argument went extremely well. 

COUNTY MANAGER’S BRIEFING, Continued

     Mr. Fisher discussed the Orange County’s consumptive use permit on file with the St. Johns River Water Management District.  He said Orange County has requested a couple of continuances, and several counties/agencies have put them on notice including the South Florida Water Management District.  He advised South Florida has indicated they want Orange County to withdraw their application so that a consolidated permit could be negotiated.  He said right now it is across jurisdictional boundaries between South Florida and St. Johns districts.  South Florida would like to be negotiated between the two agencies.  The filing deadline for the County to appeal is May 5 and he plans to notify the County’s consultant on May 2.  He said he received today a message from Ed Delaparte (counsel consultant) who wants to get several of them together to discuss the latest issue with this.  Between now and the next time the Board meets, they need to take that action if Orange County won’t withdraw its permit.

     Commissioner Morris reminded everyone the Board’s direction to Mr. Drage, who was speaking on behalf of Orange County’s Mayor.  He said Mr. Drage recommended this would be a filing Seminole County would undertake to preserve its rights with St. Johns, but they are not instructing Mr. Delaparte that this is an adversarial circumstance.  The County is still in a friendly posture of resolution of rights.

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     Mr. Fisher advised he received a call during the meeting from Tom Green, developer, and he verbally indicated that as long as what was discussed yesterday afternoon is represented, then he is comfortable with Colonial being in agreement.  Mr. Fisher explained Mr. Green had not seen the memorandum (copy received and filed) distributed earlier.  Mr. Fisher recommended advising Mr. Green to put the city of Lake Mary on notice with their application on May 4 of the transmittal hearing for the land use changes.  He said they can make that friendly and recognize the agreement, but still express the concerns the County has and why they are negotiating an agreement with Colonial Properties and the intent to followup with Lake Mary on negotiating the remainder of the tri-party agreement. 

     Upon inquiry by Commissioner Carey, Mr. Fisher said the earliest he can bring the agreement to the Board would be May 9.  Whereupon, Mr. McMillan advised there are still some technical issues to be dealt with.  Discussion continued.

     Chairman Henley stated the Board wants to make sure that what the Board agrees to is enforceable by Seminole County.

     Commissioner Morris said he strongly recommends, because of the misunderstandings by the presentations County staff has made to the city of Lake Mary, that this be handled by Mr. McMillan and Mr. Fisher.

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     Mr. Fisher announced that Saturday is the County Employee picnic at Sylvan Park starting at 11:00 a.m.

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     Chairman Henley announced that Commissioner Van Der Weide gave him a news release from The Times published today that the legislators have backed off the property tax changes.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:20 p.m., this same date.

 

ATTEST: ______________________Clerk____________________ Chairman

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