BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

APRIL 8, 2008

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, April 8, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Mike McLean (District 2)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Circuit Court Maryanne Morse

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Pastor Eugene Smith, City Church of Orlando, Sanford, gave the Invocation. 

     Commissioner Dallari led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Henley, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-91, as shown on page _______, proclaiming April 10, 2008 as “Seminole County Volunteer Appreciation Day”. 

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

     The Resolution was presented to Administrative Aide, Gretchen Venn, who addressed the Board to express her appreciation to all the volunteers of Seminole County and the BCC.  She announced the appreciation banquet is scheduled for April 10, 2008.   

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     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-90, as shown on page _______, proclaiming April 26, 2008 as “Beta Sigma Phi Founders Day”. 

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

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Cindy Coto, presented her Consent Agenda, advising the County Attorney’s Office is replacing the agreement regarding Item #14, Sasvari Way Training Centers, Inc., with a revised agreement.   

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

Administrative Services

Purchasing and Contracts

 3.  Award CC-2945-07/VFT Contract, as shown on page _______, Rising Sun Boulevard Water Main to C & C Site Development, Inc. of Osteen, Florida, in the amount of $236,831.30, for all labor, materials, equipment, tools, transportation, services and incidentals required for the relocation and retiring of Seminole County’s existing potable water main, and construction of a new 12-inch diameter potable water main along the eastern side of Rising Sun Boulevard between Red Bug Lake Road and La Mesa Avenue. This project is located in the City of Winter Springs. 

 4.  Approve the revised Award Agreement, as shown on page _______, for PS-2564-07/JVP - Miscellaneous Capacity & Safety Improvements with Kittleson & Associates, Inc. (Estimated Usage Not To Exceed $100,000.00 per year for the five year term of the Agreement).

 

Community Services

Administration

 5.  Approve the re-appointment of Gregg D. MacDonald for an additional two-year term as the health care purchaser to the Board of Directors of the Local Health Council of East Central Florida, Inc.

Community Assistance

 6.  Approve and authorize the Chairman to execute the CSBG Contract modification, as shown on page_______, with an additional award amount of $5,401.00 to the original contract award of $230,401.00 for an amended contract award of $235,802.00 from The Department of Community Affairs, and approval of the additional $1,082.00 in-kind match required.

 7.  Approve the appointments of Danny McKinney and Keith Britton to the Community Service Block Grant Advisory Board for 2-year terms ending March 11, 2010.

 8.  Approve and authorize the Chairman to execute the 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:  Cheryl F. Harkcom; Erin L. Mann; Jose L. & Diana Montalvo; Beatrice Wynn; Michael A. Franklin; Joseph & Dietrich Freeney; Tracy E. Johnson, Gregory L. Simmons & Kenneth B. Johnson; Daisy Bell Elliott Laws, Andrew Elliott & Joyce Balkum; Emma J. Lee; Lucille Long; Mervin McBurse; Ruthie Nathan; Leroy Neal; Zulma I. Reyes; Trudy L. Robinson; Maxine S. Smith; and Dennis Walker.

 

Fiscal Services

Budget

 9.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-93, as shown on page _______, implementing Budget Amendment Request (BAR) #08-49 through the Community Service Block Grant Fund in the amount of $5,401 to increase funding  and adjust the budget ($2,200.00) for the modification for the Community Service Block Grant program.

10.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-94, as shown on page _______, implementing Budget Amendment Request (BAR) #08-50 in the amount of $120,000.00 through the 1991 Infrastructure Sales Tax and the Arterial Transportation Impact Fee Funds to create and fund the first year of the CR 427 Mitigation project.

11.  Approve and authorize the Chairman to execute Budget Change Request #08-17 for the Water and Sewer 2006 Bond Proceeds Fund in the amount of $235,453.00 to increase funding for the Rising Sun Boulevard Water Main Project.

12.  Approve and authorize the Chairman to execute Budget Change Request #08-19 through the Stormwater Fund in the amount of $135,000.00 to provide funding for a settlement agreement for the Lockhart Smith Canal Conveyance project, contingent upon the Board's approval of the settlement agreement being presented by the County Attorney.

 

Leisure Services

Parks and Recreation

13.  Approve and authorize the Chairman to execute a Facility Use Agreement, as shown on page _______, with Dreadhead Soccer Company for usage of Seminole County parks for summer soccer camps.

14.  Approve and authorize the Chairman to execute a Facility Use Agreement, as shown on page _______, with Sasvari Way Training Centers, Inc. for usage of Seminole County parks for summer soccer camps.

 


Planning and Development

Development Review

15.  Authorize release of Performance Bond #049-002-335 in the amount of $107,845.95 for water and sewer and Performance Bond #049-002-334 in the amount of $956,279.00 for roads, streets, and drainage and accept a replacement Performance Bond for roads, streets, and drainage (Bond # 070-004-599) in the amount of $64,961.60 for Clayton Crossing Townhomes. (Taylor Morrison of Florida, Inc.).    

 

Public Works

Engineering

16.  Adopt appropriate Resolution #2008-R-95, as shown on page _______, and authorize the Chairman to execute a County Deed, as shown on page _______, to replace and correct a scrivener's error in a County Deed approved by the Board at their December 11, 2007 meeting conveying property (FDOT Parcel No. 100) necessary to construct or improve State Road No. 400 (Interstate 4) to the Florida Department of Transportation (FDOT).

17.  Adopt appropriate Resolution #2008-R-96, as shown on page _______, and authorize the Chairman to execute a County Deed, as shown on page _______, to replace and correct a scrivener's error in a County Deed approved by the Board at their December 11, 2007, meeting conveying property (FDOT Parcel No. 103) necessary to construct or improve State Road No. 400 (Interstate 4) to the Florida Department of Transportation (FDOT).

18.  Approve and authorize the Chairman to execute a Local Agency Certification Qualification Agreement, as shown on page _______, with the Florida Department of Transportation.

19.  Approve and authorize the Chairman to execute a Purchase Agreement, as shown on page _______, between Tech Inc. and Seminole County for property needed in conjunction with safety improvements at the 90 degree curve on Upsala Road (Potential purchase price is $44,986.52). 

 

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

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner McLean, seconded by Commissioner Dallari to approve and authorize the following: 

     Litigation

20.  Approval of a mediated settlement of the business damage claim filed by Flightline of Sanford, Inc., relating to Parcel Numbers 103/703 on the County Road 15 project in the amount of $237,835.00 inclusive of statutory attorney's fees, expert fees and cost reimbursements. The owners of Parcel Numbers 103/703 are Winston and Camini Singh.

21.  Approval of a mediated settlement with the property owner, John S. Lawlor, and with Land Technologies, Inc., relating to Parcel I.D. Number: 16-19-30-5AB-0500-0030 on the Lockhart Smith Canal Project. John S. Lawlor is the sole officer, director and shareholder of Land Technologies, Inc. which operates a nursery business on the site and claimed business damages. The mediated settlement proposed is at $278,897.28 for full settlement, jointly and severally, of all claims for compensation from Seminole County including the value of the land and improvements taken, severance damages, statutory interest, business damages, statutory attorney fees, and cost reimbursements.

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

CLERK’S OFFICE

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve and authorize the Expenditure Approval Lists, as shown on page ________, dated March 10 & 17, 2008; Payroll Approval List, as shown on page _______, dated March 6, 2008; and Official BCC Minutes dated March 11, 2008. 

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

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

 1.  Memorandum to Susan Krause, Assistant County Finance Director, from Bruce McMenemy, Chief Deputy Clerk, re:  Payroll deduction for amounts charged on County Purchasing Card with Panera Bread, Inc. by Robert Beach.

 

 2.  E-mail from Robert Beach, Director Information Technology Services, to Bruce McMenemy, Chief Deputy Clerk, re:  Payroll deduction.

 

 3.  E-mail to Commissioner Michael McLean, from Bruce McMenemy, Chief Deputy Clerk, re:  State Reimbursement of Travel Expenses.

 

 4.  Recorded Drainage and Conservation Easement, as shown on page _______, for Richard & Susan Hanas for Resolution #2007-R-235.

 

 5.  Work Order #16, as shown on page _______, to PS-5182-05.

 

 6.  Work Order #25, as shown on page _______ to PS-0381-06.

 

 7.  Change Order #1, as shown on page _______, to CC-2167-07.

 

 8.  Work Order #70, as shown on page _______, to PS-5150-03.

 

 9.  Blue Cross Blue Shield Florida Combined Flexible Benefits Plan, as shown on page _______, for Board of County Commissioners as approved by the BCC on September 11, 2007.

 

10.  Blue Cross Blue Shield Florida Combined Flexible Benefits Plan, as shown on page _______, for Property Appraiser, as approved by the BCC on September 11, 2007.

 

11.  First Amendment, as shown on page _______, to Economic Development Commission of Mid-Florida Master Agreement, as approved by the BCC on November 13, 2007.

 

12.  Head Tennis Pro Agreements, as shown on page _______, for Deborah Coreil and Daniel Keating.

 

13.  M-3212-08 Basic Contract, as shown on page _______, with Extech, LLC.

 

14.  Water and Sewer Improvements Cash Maintenance Bond, as shown on page _______, in the amount of $1,149.30 for the project known as Central Florida Educators Federal Credit Union.

 

15.  Water and Sewer Cash Maintenance Bond, as shown on page _______, with Escrow Agreement in the amount of $5,201.98 for the project known as Dunwoody Plaza.

 

16.  Amendment #1, as shown on page _______, to Work Order #5 to PS-5161-04.

 

17.  Work Order #4, as shown on page _______, to PS-5160-04.

 

18.  Term Contract IFB-600320-08, as shown on page _______, for Fuel Island Inspection Services with E Science, Inc.

 

19.  Work Order #11, as shown on page _______, to CC-0012-05.

 

20.  Work Order #73, as shown on page _______, to PS-5150-03.

 

21.  Amendment #2, as shown on page _______, to M-0997-06.

 

22.  Work Order #3, as shown on page _______, to PS-1175-06.

 

23.  Amendment #2, as shown on page _______, to Work Order #6 to PS-1529-06.

 

24.  Recreational Trail Pedestrian Ingress/Egress Bridge Sidewalk and Utility Easement, as shown on page _______, with the School Board of Seminole County.

 

25.  QuitClaim Deed, as shown on page _______, for Florida Department of Transportation relating to SR 417 project.

 

26.  Amendment #1, as shown on page _______, to Work Order #2 to PS-5185-05.

 

27.  Amendment #1, as shown on page _______, to Work Order #5 to PS-5181-05.

 

28.  Certificate of Completion, as shown on page _______, for CC-1416-06.

 

29.  Change Orders #5 & #6, as shown on page ______, to CC-1416-06.

 

30.  Work Order #4, as shown on page _______, to PS-0219-05.

 

31.  Tennis Pro Agreements, as shown on page _______, for Brittany Collins and Taryn Lamonettin.

 

32.  Performance Bond #5032330, as shown on page _______, in the amount of $500,776.10 for the project known as Savannah Park.

 

33.  Work Orders #1 & #2, as shown on page _______, to PS-2051-07.

 

34.  Work Order #69, as shown on page _______, to PS-5150-03.

 

35.  Legal Services Agreement M-3255-08, as shown on page _______, with Nabors, Giblin, Nickerson, P.A.

 

36.  Amendment #1, as shown on page ______, to Work Order 21 to PS-1074-06.

 

37.  Change Order #3, as shown on page _______, to CC-0376-05.

 

38.  Tennis Pro Agreements, as shown on page _______, for the following:  Kimberly Spell; Peter Stub; Timothy Lynch; Michael Koslik; Robyn Suto; Michael Custer; Mick Andrews; Ryan Chabot; John Gegenheimer; and Brian Morrissey.

 

39.  Work Order #1, as shown on page _______, to RFP-2574-07.

 

40.  Second Amendment, as shown on page _______, to RFP-4245-05.

 

41.  Work Order #56, as shown on page ______, to PS-5120-02.

 

42.  Work Order #2, as shown on page ______, to RFP-2574-07.

 

43.  Maintenance Bond and Escrow Agreement, as shown on page _______, in the amount of $6,473 for the project known as CFE Federal Credit Union and Private Road Maintenance Bond #21328 and Power of Attorney in the amount of $10,665 for the project known as Talman Mews Phase II.

 

44.  Work Order #1, as shown on page _______, to PS-1742-07.

 

45.  Work Orders #53, #54 & #55, as shown on page _______, to CC-1267-05.

 

46.  Work Order #22, as shown on page _______, to PS-1074-06.

 

47.  Letter to Maryanne Morse, Clerk of Court, from Andrea Lorenzo-Luaces, City Clerk, City of Winter Springs, re: Annexation Ordinance 2008-02.

 

COUNTY ATTORNEY’S BRIEFING

     County Attorney, Robert McMillan, advised the administrative law judge hearing the Yankee Lake case dismissed the petitions against the County and the St. Johns River Water Management District, finding that the impact of what was being proposed to be drawn down from the river was de minimis and did not support the petitions.  The judge has given the parties ten days to file amended petitions.  He said he believes this is an indication that the judge has zeroed in on the effect the proposed draw-down would have.  He further advised that the St. Johns Riverkeepers’ petition was allowed to continue because some of the members live in the area of where the draw-down was going to occur. 

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     Mr. McMillan advised there may be a complaint filed in the Circuit Court in the next week or so with regard to the County’s CUP permit requested from St. Johns River Water Management District; and he asked for authorization to intervene in that motion. 

     Motion by Commissioner Henley, seconded by Commissioner McLean to authorize the County Attorney to intervene when the petition is filed in the Circuit Court with regard to the County’s application for a St. Johns River Water Management District Consumptive Use Permit (CUP). 

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

COUNTY MANAGER’S BRIEFING

     Support Services Manager, Meloney Lung, addressed the Board to give an update on the Heroes’ Memorial, advising in December, 2007, the architectural and engineering services for the Memorial was awarded to Herbert-Halback, Inc. (HHI).  In March, 2008, a meeting with members of the Sheriff’s Office, Public Safety, Veteran’s Services and County staff was held to review different schemes.  Scheme C was recommended; however, after discussions with Sheriff Eslinger with regard to safety concerns, Scheme C was altered slightly.  She displayed Scheme C (received & filed) and asked the Board for conceptual approval. 

     Commissioner Van Der Weide stated a lot of effort has gone into this project in order to get this far; and he believes it will be very nice when it is finished. 

     Chairman Carey clarified that once the Board approves the conceptual plan, the architect will bring back suggested materials to be used and the budget for same.  Then the not-for-profit group will be able to know how much money needs to be raised. 

     Public Safety Director, Tad Stone, addressed the Board to advise Baskin & Robbins has worked with the National Fallen Firefighters Fund for the past several years by doing “scoop night”; and they have agreed to divert that money to Seminole County’s Memorial in order to support this project. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve the conceptual plan (Scheme C) for the Heroes’ Memorial; and authorize proceeding with the final conceptual design. 

     Under discussion, Commissioner Van Der Weide stated the Memorial will be on taxpayers’ property and, therefore, must go through all the County processes.  However, taxpayers will not be funding the construction of same because the 501c not-for-profit group will be collecting donations. 

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

LEGISLATIVE UPDATE

     Assistant County Administrator, Sabrina O’Bryan, addressed the Board to give an update on the legislative program, advising there are 2,444 bills as of this morning.  She said the Taxpayers Bill of Rights (Tabor Bill) was set to be heard last week, but because of the overwhelming amount of interest from individuals who wanted to speak, they postponed the hearing and rescheduled it for April 14.  She stated that HB7005, dealing with Tabor, does not have a companion bill in the Senate at this time.  She advised there has been a great deal of discussion coming out of the Appropriations Committee regarding how much of undesignated funds the County will be allowed to have on hand.  At first the number was 10%, but now it is up to 20% and they are looking at 90 days rather than 60 days.  She stated that HB747, Charter County Transit Surtax, is making progress with both the House and the Senate.  She discussed HB991 which would require local governments to adopt an ordinance or include in their administrative code an opportunity for the public to speak at their Board meetings. 

     County Attorney McMillan stated that in addition to requiring the public comment time at the beginning of the meeting instead of at the end, it requires the Board to allow public comment on all consent agenda items.  Also, it stipulates that anyone can put forth a proposal to the Board, and if they provide notice two weeks in advance, the proposal must be forwarded to staff for a response and then put on the agenda for a presentation. 

     Ms. O’Bryan briefly discussed SB1508 which proposes a reduction of Medicare reimbursements. 

     Ms. Coto stated that this bill is of great concern to Health Department Director Napier.  She said staff will continue to monitor this. 

     Chairman Carey suggested a notice be displayed in the Health Department advising the public of this bill so that they can voice their concerns. 

     Ms. O’Bryan advised the County’s Lobbyist will be updating the Board by correspondence every Friday afternoon. 

     Commissioner Henley advised of a bill that would throw out any petitions to put something on the ballot which were collected by a convicted felon.  He said to him this is further disenfranchising the voters and making it more difficult to get something on the ballot as it relates to Constitutional amendments. 

     Ms. O’Bryan stated she will research the bill Commissioner Henley is referring to and forward any information to the Commissioners’ offices. 

     Commissioner Van Der Weide commended Ms. O’Bryan for doing a good job. 

     Upon inquiry by the Chairman, Commissioner Henley gave a brief update on the Commuter Rail funding, stating there was strong support in the House for the rail.  He advised that he met with a representative from the Federal Transit Authority who was very complimentary about the cooperation between all the entities. 

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     The Chairman recessed the meeting at 10:15 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with Clerk Maryanne Morse entering late, and with the exception of Deputy Clerk Sandy McCann who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

COUNTY MANAGER’S BRIEFING

     Ms. Coto reviewed the Board direction to staff on March 11 to schedule a work session to discuss the Commissioners’ travel policy.  She stated this item is scheduled today as a briefing item.  She provided the Board with copies of information (received and filed) on the current travel policy per the Administrative Code as well as the Florida Statutes that dictate how travel is handled for elected officials and County employees.  She said staff did a survey of other counties and the city of Orlando on what their policies are.  She has provided some suggestions that the Board might want to consider if they are looking to make a change from the current practice.  She advised she had started in 2006 to sign off on all travel vouchers for the Commissioners because she thought that was her job.  Apparently, there had not been any consistent application of who signed the travel vouchers.

     Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.

     Ms. Coto asked for Board direction on the travel policy.

     Chairman Carey said she thought it was important to have this discussion because their policy was vague and broad and could be interpreted many different ways.  They have a lot of rules in place for the employees that should also be practiced at the County Commission level.  One of those is the 60-mile rule that any overnight travel within a 60-mile radius is not allowed by the County employees.  She thinks that is fair for the Commissioners to consider as well.  She said when things are submitted to the Clerk’s office, it is easier if the policy is clear.

     Commissioner Henley said the statement regarding overnight stay is very similar to what the School Board does.  They do not allow for overnight stay in neighboring counties.  He would have no problem with supporting something of that nature for overnight stay.

     Chairman Carey said she had thought the 60-mile radius applied to the officials as well; she thinks that would be a good practice to consider.  She explained there are times when they have to travel outside the County and they are all on different times as to who will travel outside.  She doesn’t think anyone has a problem with that.  She has some concern with the in-County travel.

     Commissioner McLean said in looking at the information Ms. Coto provided, it looks like what Seminole County is doing now is not a whole lot different than their peer groups; it looks very similar.  He looks at this to say what are they looking at from a policy standpoint.  He asked is the goal to say they as a group are spending too many dollars and need to reduce that or is the goal to say what is and what is not an appropriate expenditure.  He thinks the challenge with that is between person-to-person; what may be appropriate to one may not be to someone else depending on how they feel about that expenditure.  It may make sense to look at something and say this is an appropriate expenditure and this is not and look at some sort of stipend.  He said in the city of Lake Mary they did a $100 per month stipend.  Mr. McMillan has checked into that and he asked what information he might have for the Board; is it something the Board can do and under what circumstances. 

     Mr. McMillan stated there is authority under the Statutes to do that and he thinks the Board could do it by ordinance.  He explained there has been a stipend in the past.  If the Board wants to do a stipend in lieu of local travel, he thinks they can do it.

     Commissioner McLean said that idea makes sense to him.  It takes the entities out of deciding what is and what is not appropriate.  He said this would be a one-time payment and the Commissioners will know that is their travel money.  Outside that, when you have a purchase card type scenario, that is separate and is for outside 60 miles.

     Commissioner Henley said he supports the idea of trying to standardize what they do to make it simple and easy to understand.  He has mixed emotions when it comes to charging mileage to meet with their constituents because that is their job.  He can understand with the prices of gas now, the fairness of traveling outside the County to do your duties, particularly when the charge is to represent the Board.  They have a lot more of that now and will have that responsibility from now on.  They meet quite frequently; particularly, if chairing one of those organizations.  You are called on quite frequently.  He knows the Chairman is called on a lot more than the rest of the Commissioners.  If that is what the group wants to do, to establish a stipend with another process for outside County travel and in-State, out-of-State travel, he thinks there are different scenarios they need to define and make clear so people having to sign off know exactly what the rules are as well as the Clerk.

     Chairman Carey said she can agree if they are talking about a small stipend of $100; for anything more she thinks they should take a different approach.  She thinks the question that has come up is what is their official business.  They need to make sure that is consistent.

     Commissioner Van Der Weide said he thinks of the three suggestions the County Manager has made, the small stipend is the only answer.  That will be a clear policy and he thinks it is reasonable and would be very reasonable and easy to administer.  This would be within the 60-mile rule and if traveling on State or out-of-State business, then they have a situation where they need to have Board approval, especially overseas travel. 

     Commissioner Dallari said with tightening of the budget, he knows things will have to change drastically over the next couple months.  The only real official business he thinks the Commissioners should be reimbursed for is for any of the boards and if it is outside the County travel.  If the Commissioners meet with the residents and other organizations, that is part of County business.  For example, if a Commissioner sits on Metroplan board and it meets outside Seminole County, he should be paid for the travel.

     Chairman Carey said if they have a stipend, that will eliminate the need for paperwork and free up their Aides to do other things.  Anything outside the 60 miles could be approved by the BCC. 

     Mr. McMillan stated he is not sure the Board can say they will not compensate a Commissioner for travel that is official business because they have decided not to.  The statutes say if travel is on official business, you are entitled to be compensated.  The Board has to authorize travel and has to authorize the use of private vehicles.  He said the Board could say that they are not going to authorize Commissioners’ travel in their private vehicles in the County.  They could then get a pool car.  It would conflict with the statute if they say no one can get pay for County travel.

     Chairman Carey said if they put a stipend in place as a trade-off for the 60-mile rule, that would eliminate the issue of conflict.

     Mr. McMillan said since the Board now controls their salaries and travel, they could include it as an add-on to the salary as long as they don’t exceed the cap.

     Commissioner McLean noted that the $100 amount would be within that cap.

     Chairman Carey asked if the Board wants the stipend to be the same for all of them or different for the Chairman.      Discussion ensued about the Chairman getting now an extra $50 in salary.  Commissioner Van Der Weide said that was related to the job and was not for mileage.

     Commissioner McLean suggested the $100 stipend for the Commissioners, except for the Chairman, and let that amount be $150 in recognition of the duties the Chairman has that are separate.

     Commissioner Van Der Weide said the problem is they are in such a budget constraint and whatever they do, somebody is going to twist it and say they have given themselves a raise.

     Chairman Carey said she thinks it is a privilege to serve as Chairman and if someone doesn’t want to take it with the obligations to do the job, then that person should not be in the role.  She advised if the stipend is the easiest and cleanest way to resolve this, they are talking about $6,000 a year.  That’s half of the travel budget and that would leave the other half for travel out of the 60-mile radius.  Further, she said if the Chairman approves the travel for the other Commissioners, County Manager and County Attorney, and the County Manager approves the travel for the Chairman for anything outside the 60-mile radius, that would make it clear. 

     Commissioner Dallari said he looks at a stipend as giving themselves a raise.  He believes they should get paid for only the amount of travel they do outside the County and for the boards they serve and that’s all.

     Commissioner Van Der Weide asked Clerk Maryanne Morse if she sees the stipend as a much easier and simpler way to do the travel and to keep the Commissioners out of trouble. 

     Ms. Morse stated it makes it less subjective and she thinks that is a plus from one standpoint.  If the Board is going to vote in favor of a stipend, then it is up to each Commissioner to track his/her mileage.  The stipend amount will appear on the W-2 form.  However, if they keep track of their mileage and the purpose of a particular trip, they may be able to offset that on their personal income taxes.  It will be a lot easier for her office to say this is all you get.  Her office will reject mileage on top of what their car allowance is, whether it is on a “P” card or on a travel voucher.  She thinks it is a Commissioner’s prerogative to refuse the stipend.  As long as her office has in writing that a Commissioner chooses not to have the stipend, that is acceptable.

     The Board discussed pool cars.  Ms. Coto said there are about 30 pool cars that serve the entire County, and they are not new vehicles.  They are located at Five Points.  She thinks that could be a problem for the Commissioners.

     Mr. McMillan said they can make the stipend an option for the Commissioners; they can take it or file under regular travel.  He said one of the big gaps was the fact that somehow the County Manager started signing off on all of these.  In the past, the Chairman used to sign for everybody and he thinks because the Chairman was signing for his own, he had the County Manager to do it.  The way the statute lays it out, the travel should be put on the agenda for the Board as a whole to approve the travel of each individual Commissioner.  That is another alternative. 

     Ms. Morse advised the Board that the mileage reimbursement is now at 50 1/2 cents per mile.

     Whereupon, Chairman Carey asked if the stipend is at $50, would that be a level comfortable enough.

     Commissioner Henley said to keep in mind that when you serve on a board, you also generally wind up on a committee and go to additional meetings for that also.  Discussion continued.

     Motion by Commissioner Van Der Weide to approve a stipend to the Commissioners in the amount of $50 a month for any travel within a 60-mile radius.

     Chairman Carey called for a second to the motion three times without response, whereupon, the motion died for the lack of same.

     Motion by Commissioner McLean to approve a stipend to the Commissioners in the amount of $100 a month for travel within a 60-mile radius.

     Chairman Carey called for a second to the motion three times without response, whereupon the motion died for the lack of same.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to approve a stipend to the Commissioners in the amount of $75 a month for travel within a 60-mile radius in the County.

     Districts 2, 3, and 4 voted AYE.

     Commissioners Dallari and Carey voted NAY.

     Chairman Carey summarized that based on the motion, there will be a $75 a month stipend for travel within a 60-mile radius.  Anything outside that would be discussed at a Board meeting.  The Chairman will sign off on the travel outside 60 miles for the other Commissioners, the County Attorney and County Manager.  The County Manager will sign off on the travel outside 60 miles for the Chairman.

     Upon inquiry by Commissioner Henley, Chairman Carey said she thinks prior approval should be given for travel outside the 60-mile radius; at least it ought to be brought up before the Board prior to the travel.

     Ms. Coto said there will be some emergency travel and in those cases, she suggests at the next available Board meeting it be brought up after the fact.

     Commissioner Henley said it is not unusual during a legislative session that things come up and there is a need to travel right away.  They need a process that doesn’t require prior approval for that unless the Board wants to authorize the Chairman to designate herself or the County Manager to go to Tallahassee in those circumstances.

     Chairman Carey said sometimes they are told they are needed when they’re not.  She thinks when they know there is going to be a vote and it is important, they may have people go, as well as be communicating to know what is going on in the legislative session.  She said the Board typically knows a couple days in advance when there is going to be a vote or when a vote has been cancelled.

     Chairman Carey asked Mr. McMillan in cases where they have an emergency meeting in Tallahassee and they travel on a private plane, as long as you pay what the customary, commercial rate is, is that allowable.

     Mr. McMillan said he would have to check the statutes and report back to the Board on that.

CHAIRMAN’S REPORT

     Chairman Carey advised she received letters of resignation from Brian Overby and Greg Kern who served on the Metroplan Orlando Citizens Advisory Committee.  She recommended Egerton van den Berg to fill one of the vacancies.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to appoint Egerton van den Berg to the Metroplan Orlando Citizens Advisory Committee.

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

     Chairman Carey asked the Commissioners to look for a second individual to serve and have him/her complete an application and submit it to her office.

     Commissioner Henley advised he received a letter recently from an individual who has 20 years experience on rail and is looking for an opportunity to serve.  He will pass that on to the Chairman’s office.

     Chairman Carey said if the individual submits an application, she will bring this back at the next meeting.

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     Chairman Carey stated she received a letter from Theresa Jacobs, Chairman of the East Central Florida Regional Planning Council, advising of a water summit on April 18 in St. Augustine.  This will include the Northeast Florida Regional Council and Ms. Jacobs has asked the St. Johns River Water Management District to give a presentation.  Chairman Carey said she has a conflict on the 18th and she will not attend.  She said she did not know if this had been discussed at the Regional Planning Council.

     Commissioner McLean said this was discussed and he can take a look at his schedule to see if he is available.

     Commissioner Dallari said whoever goes to this meeting should not discuss the pending litigation.

     Chairman Carey said she thinks it is important to have staff attend.  She said it is easy to get drawn into the conversation about the litigation.  She will meet with Ms. Coto and discuss who she thinks would be appropriate to go.  She also advised to not have any discussion about the pending litigation and the County’s project.

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated March 10, 2008 to Mrs. Cynthia Coto and Commissioner Bob Dallari from President John Hitt, UCF, re:  request for Small Area Study that may focus on student housing and other associated issues.

 

 2.  Memorandum dated March 17, 2008 to Chairman Brenda Carey from Ray Valdes re:  proxy for NACo Annual Conference – July 2008.

 

 3.  Letter dated March 21, 2008 to Chairman Brenda Carey from Diane Pickett Culpepper, Bright House Networks, re:  Digital Television transition that will take place on February 17, 2009.

 

 4.  Copy of letter dated March 25, 2008 to Ray Valdes from Chairman Brenda Carey re:  proxy for NACo Annual Conference – July 2008.

 

 5.  Letter dated March 26, 2008 to Chairman Brenda Carey from Diane Pickett Culpepper, Bright House Networks, re:  new programming.

 

 6.  Copy of letter dated March 27, 2008 to Cindy Coto, County Manager, from Congressman Feeney re:  appropriations request for the regional surface water facility.

 

 7.  Notice of Proposed Continuance received March 27, 2008 from the City of Lake Mary re:  consideration of request to postpone review of the Waterside Preliminary Subdivision Plan.

 

 8.  Letter dated March 28, 2008 to Chairman Brenda Carey from Chris Holley, Florida Association of Counties, re:  partnering on issues of mutual concern.

 

 9.  Letter dated March 31, 2008 to Chairman Brenda Carey from Harry Barley, MetroPlan Orlando, re:  attendance of Seminole representative on the MPO Citizens Advisory Committee.

 

10.  Letter dated March 31, 2008 to Oviedo property owners from Genoveva Fruet, AICP, Senior Planner, City of Oviedo, re:  Completion of Phase II of Oviedo’s Historic Structure Survey.

 

11.  Letter received April 1, 2008 to Chairman Brenda Carey from Linda Watson, CEO, Lynx, re:  Central Florida Commuter Rail project.

 

12.  Contracts for services, as shown on page _______, dated March 31, 2008, for the following to umpire and referee tennis tournaments:  Louis K. Keith, Rene Lebron, Lauren Wolken, Karol Wise, Cecil Wise, DeWitt Hazzard, Rolland K. Shea, David J. DiFonzo, and Sarah Harkins.  

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Commissioner Dallari congratulated Janet Davis, Human Resources Director, who recently received her Doctorate degree in Public Affairs.

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     Commissioner Dallari said he received information regarding the 4-H Club.  The Central Florida Fair is coming to town the end of this month.  He would like to have the 4-H Club speak at the beginning of the next Board meeting to let the Board know what they are doing.  He wants to make sure the public realize what the 4-H Club is doing.  He said Ms. Frances Yarborough is willing to come and do that.

     Chairman Carey said that would be great.

     Commissioner Dallari passed to the Commissioners one of the letters (not received and filed) he received from an individual who is raising a rather large steer.

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     Commissioner Dallari discussed that one of the Commissioners may not be able to attend the first Board meeting in May and he wants to see if they can cancel that meeting, if there are no objections, in order to have the full Board in attendance.

     Ms. Coto reminded them of the Board’s decision to move up the dates in May due to the Memorial Day holiday.  She said there are three public hearings scheduled for May 6, but she would not have a problem in pushing them to the May 20 date and canceling the meeting for May 6.

     Chairman Carey said she wants to be sensitive to time-sensitive issues.  Discussion ensued about the hearings currently scheduled for May 6.

     Commissioner McLean advised the Board that the Expressway Authority meeting is scheduled for May 6.

     Ms. Coto said there is no reason why that can’t be moved to May 20.

     Commissioner Van Der Weide said the Board has had meetings before when a Commissioner has been absent.  He would not mind waiving this meeting if a Commissioner is going to be absent and there was an issue that was so important that they should reschedule it, but he is not hearing that.  He is not in favor of going for a month without having a meeting.  He thinks it would be a disservice to the citizens.

     Chairman Carey said the Board knew that Commissioner Henley would not be present on May 6 when they rescheduled the meeting.  She agreed with Commissioner Van Der Weide, stating there are public hearings that have to do with land issues.  The Board ought to be respectful of the people’s business.  She said for now to continue forward with the schedule as currently presented.

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     Commissioner Dallari said a couple of meetings back they had a discussion with individuals from a tennis group and he wants to get an update on that.

     Ms. Coto reviewed that staff was requested to provide to the Board information they used as part of establishing the fees and that was provided immediately after that meeting.  Subsequent to that, she had a meeting with Beth Barefoot and Sonia Triad (phonetic) last Wednesday about their concerns.  She had some e-mail communications in an attempt to respond to their questions.  She has suggested to them that probably the most expeditious manner to address their concerns is to schedule a meeting with Julia Thompson, Parks and Recreation Manager, and Joe Abel, Leisure Services Director, to address the issues.  She thinks Ms. Thompson and Mr. Abel are looking at the overall league play and whether or not there should be a separate fee to accommodate the leagues that are different than the private lessons.

     Commissioner Dallari asked if that meeting did take place, how long after that will the Board be able to hear something back. 

     Chairman Carey said she thinks, after hearing the testimony, the staff is doing right by looking at team play (league play) to see if there should be a special rate for those people frequently using the facility in a league-type setting.

     Joe Abel, Leisure Services Director, addressed the Board to state what the original goal was to be after league play.  He said the league programs are all going to end at the end of April.  He probably will meet with them in May and by the end of May or first of June, he will have some recommendation about the programs.

     Chairman Carey asked if there is some reason why they can’t have these meetings in the next two weeks and come back with a recommendation.  She said many leagues start up in May.

     Ms. Coto said she believes they have a May 15 deadline for establishing their leagues.  She thinks the April 22 date may be pushing that, but the May 6 meeting might be appropriate.

     Whereupon, Chairman Carey said they can have an add-on item to the agenda. 

     Commissioner Henley said he would like to see if Mr. Abel could get information on the leagues as to age groups and how many of the users are out-of-County residents.

     Chairman Carey said all those options would probably be good to bring back.

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     Commissioner McLean reported that the Rotary Club of Lake Mary had the “Taste of Lake Mary” event at the end of March and raised about $20,000 to give to a number of charities.  He thanked those for their support.

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     Commissioner McLean said he went to Tallahassee to complete the Certified County Commissioner course as reported at the last meeting.  He brought back some information about the course. 

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     Commissioner McLean stated he attended the Budget and Taxation Commission Workshop and there was to be a vote on the Tabor Amendment.  There were so many people who wanted to speak on the subject that they changed this to a workshop.  He told of a young lady who spoke on the issue and made the biggest impact.  He said the meeting was very interesting and he hopes to get more information on April 14, 2008.

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     Commissioner McLean announced his daughter, Kaley, was recently a messenger for the Florida House of Representatives.  She came home with pictures of herself with Governor Crist and others.

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     Commissioner McLean said he discovered in the newspaper recently where Ms. Pacini, Orlando Sentinel, mentioned they did a comprehensive study of 50 high schools talking about a number of criteria.  The results were very positive for Seminole County with all eight of the high schools finishing in the top 17 of 50.

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     Commissioner Van Der Weide stated the Board saw the presentation this morning on the Heroes’ Memorial and things are going very well.  The County Manager is on the Board of Directors for that corporation and she is doing an excellent job.

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     Commissioner Henley said he hopes the Commissioners saw the announcement by Lynx regarding the fact they received a $2.5 million grant to establish a bio-diesel blending station.  He said Orange County is participating in that with their vehicles.  They have 290 buses now and that is the first transportation agency in the nation that has its own blending station. 

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     Commissioner Henley asked if anyone received a call regarding Casselberry.  It appears one of their Commissioners took it upon himself to go to Tallahassee to see Secretary Kopelousos (who was not there at the time) in regards to killing the 17-92/SR 436 overpass.  He got a call from the newspaper, Ms. Pacini, asking for his reaction to their killing of the program.  He explained it was not Casselberry’s decision to kill the program as the city does not have the authority to do so.  Quite a bit of money has been expended, and Metroplan would be reviewing all the projects for their five-year funding program.   They have had to cut back some projects because they came in over budget and they did not have enough money.  Metroplan, DOT and the County will be the ones making the decisions.  He also pointed out that Casselberry approved and recommended the alignment that was adopted.  There will be a meeting with Casselberry set up by DOT.  He doesn’t know if they will invite him or the Chairman, but the County needs to be represented.

     Chairman Carey stated it would be her recommendation for Commissioner Henley to attend that meeting and represent the County.

     Commissioner Henley said he will contact Noranne Downs and let her know, and he is sure that County Engineer Jerry McCollum will be present also.  The concern has been expressed that the project is damaging Casselberry’s business district.  He said in view of the fact the alignment and right-of-ways have already been selected, any business that wants to locate there would be no problem as long as it is outside the right-of-way.  Discussion ensued.

     Chairman Carey stated the priorities have been set by Metroplan and have been set for a long time.

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     Commissioner Henley stated he had made arrangements to be out-of-state when the Board moved the date of the meeting in May and he is comfortable with continuing with the public hearings as scheduled.

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     Chairman Carey said next Monday night is the annual Seminole County Boy Scouts Dinner.  They will recognize Jeno Paulucci this year.  There are still opportunities for corporate sponsors and individual tickets to be purchased. 


PUBLIC COMMENTS/REQUESTS

     Robert King, Black Hammock Road, addressed the Board to give an update, stating nothing has changed.  However, there has been progress in his mind after meeting with the Sheriff, and he got a call again from the Sheriff this morning.  He has done his best due diligence that there is no exemption for noise in his neighborhood.  The next step for him will be to meet with his staff and work through it and then put it to the test and find out, if under the existing conditions, that they are able to get results they need using what they have in place.  The Sheriff had the idea that the decibel meter had been applied and it has not.  He thinks that is in the near future.  He said this is a new thing and they will see if the Ordinance works.  If not, he will be back.  

     Commissioner Dallari suggested Mr. King pay attention to the decibel levels, frequency and octave bands.

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     Cathy Ash, 1519 Major Court, addressed the Board to state she is here as a resident and she is the Tennis Weight League A/B resident.  She asked what is the function of the County--is it for profit or non-profit service oriented?  She said she called around and got the mission statement for Public Safety and read that to the Board.  She said she has been a resident for 11 years in Winter Springs and the City is #31 on the list of best places to live because of the services they offer to people.  By raising the cost so dramatically for the cost for tennis, they are not meeting the needs of Seminole County residents, in her opinion.  This is a safe, healthy educational activity for Seminole County children.  Before those increases, the junior training cost was $104 for two days for four weeks.  Now, it has doubled to $208.  A family of four children is now asked to pay over $800 for four weeks of tennis.  They have a healthy activity for children that is out of range.  They have to think of those things when they look at the community.  On the women’s side, these increases are making it difficult for the residents.  She has not researched it, but think most of the women are Seminole County residents.  They want to continue to enjoy those activities.  With the increases they are seeing, they are going to have a huge drop in attendance.  She believes Seminole County needs to take a look at that.  She knows the money is tight, but they still don’t want their children sitting home doing nothing.   They want to pay to participate in their City and County with activities that are there to be used.  She asked is the County there to provide the service or is it the goal to try to turn a profit.

     Chairman Carey stated they are trying to return a portion of their cost.  It is not even breaking even.  She said the County provides all kinds of services.  They have a lot of services to provide in a decreased budget.  After they had not had an increase in fees in 16 years, the Board took a look at increasing the fees.  They asked the County Manager to work with staff over the next weeks so they can come back and provide a recommendation.  The question is the level of service and how can they afford to provide that service.  She is afraid the parks and some of those leisure services will probably be at the bottom of the list.  They are trying to provide as much as they can to as many as they can, but have to do it in a business setting.  The Board has asked the residents and staff to look at this and come back on May 6.  The Board is looking to get that information then.

     Ms. Coto explained the Board is trying to find $20 million to $25 million out of the General Fund.  They are looking at reducing services and programs and increasing their fees.  Many have not been increased for 16 to 20 years.  Taxpayers pay for a certain level of services but when they have to add on, there is additional cost.  In order to meet the gap that has been forced upon them with property tax reform and the votes on tax reform, they are in a situation of weighing essential services vs. less essential services and will have to make some very difficult decisions within the next three weeks.

     Ms. Ash said it probably would have been better to cut services rather than say we will increase the fees or you’re going to sit.  As a citizen, it seems like the service has gone no matter what.  She understands they have issues they are working through.  On their side, it appears that a new person came in to take charge and he was going to turn a profit. 

     Ms. Coto said staff will have a meeting with individuals concerned about these fees.  Prior administrators did not look at the fees.  Mr. Abel was not brought in to turn a profit, but to put a business perspective on leisure services.  They have to look at it and see what the appropriate dollar amount is for them to serve.

     Ms. Ash referred to a survey (copy not received and filed) that Mr. Abel provided to come up with charges.  She said she did very little research on this and there are huge inaccuracies in it.  She asked to have someone go over the survey and decide if it was properly done.  She said she doesn’t believe the fees are correct.


COUNTY ATTORNEY’S REPORT, Continued

     Mr. McMillan advised the Board directed him to draft and forward to Longwood an interlocal agreement regarding inspections of building permits and construction permits for the Longwood Hills PUD.  He forwarded that to the City and they countered it with an interlocal that did a series of things that included if there were any other violations of City codes, they would file complaints with the County.  That provided that Seminole County would not issue a Certificate of Occupancy (C.O.) until the City authorized it.  He returned that to the City and talked to their attorney and said all the County is going to do is issue the building and construction permits and do inspections, and everything else is left for the City to enforce.  He said if a person complies with the code, the County can’t hold up the C.O. because the City is trying to use it as leverage for some other requirements.  He said he redrafted the interlocal, put in a termination clause and told the City there was already an indemnification and sent it back to the City attorney.  He was to present it to the City Commission last night.  He didn’t feel there were any major problems.  Apparently, the City tabled it last night and the next time they can act on it is two weeks from now.  He wants to verify with the Board the conditions he rejected.  He reviewed those.

     Commissioner Henley reviewed the circumstances that got the Board into this initially. 

     Mr. McMillan said he thinks within the next two weeks he will get this back again and he wanted to make sure the issues he made are o.k. with the Board.

     Chairman Carey said she thinks the City wanted the County to review and issue the permits.  Then the County needs to do it under the codes of Seminole County and the State of Florida.  She said the State building codes are very specific.  She is not interested in getting into any of those games.  She thinks it is important that they hammer this out properly because as they go into budget cuts, and the cities are going through budget cuts, some of the discussions in the past have been that if the County is going to do a review for the cities, then they are going to pay a fee because they are paying other consultants a fee.  She said the County can’t get into the middle of that.

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     Mr. McMillan stated at the last Board meeting, he talked about having a “shade” meeting at the next BCC meeting.  If he needs to, he will go ahead and schedule that.  If not, he will schedule individual briefings.  The key thing to talk about was control of communications, and the Board had that discussion the last time.  Things are moving so fast, and they may or may not have this meeting the next time.

     Chairman Carey said if something is moving fast and he needs to poll the Board, he can brief the Board as to the legal situation and how they can handle it; and he can do that via phone if necessary.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:07 p.m., this same date.

 

ATTEST:_______________________Clerk_____________________Chairman

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