BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

MAY 20, 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, May 20, 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 Paul Hoyer, Holy Cross Lutheran Church, Lake Mary, gave the Invocation. 

     Commissioner Dick Van Der Weide led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-119, as shown on page ________, congratulating the Water Conservation Section of the Seminole County Environmental Services Department for being recognized as the 2008 Florida Water Environment Association (FWEA) Public Education Award recipient in the Organization category. 

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

     The Resolution was presented to Director of Environmental Services, Dr. John Cirello, and Debbie Meinert. 


     Dr. Cirello addressed the Board to express his appreciation for the Board’s support and vision with regard to water conservation. 

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2008-R-120, as shown on page _______, recognizing Robert O. Maguire as “Seminole County Cultural Arts Council’s Artist of the Year  2008”. 

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

     The Resolution was presented to Mr. Maguire, who addressed the Board to express his appreciation to his principal, the School Board, and the BCC. 

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     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-121, as shown on page ________, recognizing Glenn Yakubchik, Senior Signal Technician, Traffic Engineering, for his thirty plus years of dedication and commitment to Seminole County Government and its citizens. 

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

     The Resolution was presented to Traffic Engineer, Melonie Barrington, who will forward same to Mr. Yakubchik. 

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     Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-118, as shown on page _______, recognizing Sheriff Donald Eslinger as the recipient of the “2008 Leadership Legends Award”, and for his continued service and leadership to the citizens of Seminole County. 

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

     The Resolution was presented to Sheriff Eslinger who addressed the Board to express his appreciation to the Board, all who work at the Sheriff’s Office, Chief Harriett, Chief Fleming, and Fred Streetman. 

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Cindy Coto, presented the agenda, advising of a correction, advising on page 28.15-1 of Item #6.  It should read “approval of the Leisure Services Director”, instead of “Library Services Director”. 

     Commissioner Van Der Weide requested Item #10, RFP-600367-08/GGM, be pulled for a separate vote. 

     Commissioner Dallari requested Item #6, transferring the Historical Museum to Leisure Services, also be pulled for a separate vote. 

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

 COUNTY MANAGER’S OFFICE

 5.  Adopt appropriate Resolution #2008-R-122, as shown on page _______, proclaiming the week of June 2nd through June 6th, 2008 as "Code Enforcement Officers’ Appreciation Week".

 

Administrative Services

Purchasing and Contracts

 7.  Approve Amendment #2, as shown on page _______, to PS-5124-02/BJC with PBS&J of Orlando, Florida, to extend the existing Agreement term by five (5) years, for land management of the Northwest Regional Wastewater Treatment Facility.

 8.  Award CC-3191-08/JVP Contract, as shown on page _______, Cross Seminole Trail South II in the amount of $815,365.31 to Cathcart Contracting Company of Winter Springs, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct approximately 1.8 miles of 14-foot wide trail within FDOT SR 426 Road Right-of-Way from Mikler Road to Red Bug Lake Road with emphasis on highly aesthetic, quality finished products.

 9.  Approve the negotiated rates and award PS-2825-07/BHJ Contract, as shown on page _______, Preliminary Engineering and Final Design Services for SR 434 Intersection Improvements - Rangeline Road to CR 427, to Horizon Engineering Group, Orlando, Florida ($600,000.00 Estimated Usage amount over the term of the Agreement).

 

Community Services

Community Assistance

11.  Authorize Community Development Office (CD Office) staff to publish the list of recommended funded activities for the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships Program, American Dream Downpayment Initiatives (ADDI) Program and Emergency Shelter Grants (ESG) Program. These activities, proposed to be funded under the 2008-2009 One-Year Action Plan of the 2005-2009 Five-Year Consolidated Plan, and require a 30-day public comment period prior to final approval by the Board in July 2008.

 

Economic Development

Tourism

12.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Orlando-Cocoa ISA for the 2008 ISA Softball Championship Events in the amount of $17,000.00. 

 

Environmental Services

Business Office

13.  Approve the release of the original Water and Sewer Maintenance Bond in the amount of $60,330.00 for the project known as Lake Jessup Woods.

 

Planning Engineering Inspections

14.  Approve and authorize the Chairman to execute a Memorandum of Right-of-Way Consent Agreement and Right-of-Way Consent Agreement, as shown on page _______, needed in conjunction with CIP Project "Consumer/Lake Hayes 24-Inch Water Transmission Main-Phase 2" with Florida Power & Light Co.

 

Fiscal Services

Budget

15.  Approve and authorize the Chairman to execute Resolution #2008-R-124, as shown on page _______, implementing Budget Amendment Request (BAR) #08-57 through the Stormwater Fund in the amount of $28,767.00 in order to budgetarily recognize the Cost Sharing Agreement with the St. Johns River Water Management District included in the Public Works portion of this meeting's Consent agenda.

16.  Approve and authorize the Chairman to execute Resolution #2008-R-125, as shown on page _______, implementing Budget Amendment Request (BAR) #08-58 through the General Fund and Fire Fund in the amount of $5,396.00 to recognize additional funding and reallocate funding for training awarded by Workforce Central Florida.

17.  Approve and authorize the Chairman to execute Resolution #2008-R-126, as shown on page _______, implementing Budget Amendment Request (BAR) #08-62 through the General Fund in the amount of $4,439,717.00 to recognize funds due for reimbursement of eligible costs of Hurricane Charley and to set aside the funds in a project account (2004 Hurricane Close-out) to cover repayment of any net deobligations (reductions) for all three storms based on the results of the Final Inspection process.

18.  Approve and authorize the Chairman to execute the Budget Change Request (BCR) #08-22 through the 2001 Infrastructure Sales Tax Fund in the amount of $125,000.00 in recognition of the cancellation of the Upsala Sidewalk project.

19.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-23 through the 2001 Infrastructure Sales Tax Fund in the amount of $70,393 to provide additional funding for the Lockhart Smith Regional Stormwater Facility project.

MSBU

20.  Adopt appropriate Resolution #2008-R-127, as shown on page _______, establishing the 2008 assessment rate for each MSBU for which the annual assessment rate varies per operating cost.

21.  Authorize the scheduling and advertising of a public hearing for the purpose of adopting the annual Non-Ad Valorem Assessment Roll to be held between June 1 and September 15, 2008.

 

Leisure Services

Parks and Recreation

22.  Approve and authorize the Chairman to execute a Facility Use Agreement, as shown on page _______, with Red Raider Baseball for usage of Soldiers Creek baseball fields for summer baseball camps.

 

Library Services

Museum

23.  Approve and authorize the Chairman to execute an Agreement and Hold Harmless, as shown on page _______, with the Celery City Cruisers to hold an Antique Car Show on the grounds of the Museum of Seminole County History on November 8, 2008.

 

Planning and Development

Administration – Planning and Development

24.  Approve the Satisfaction of Lien, as shown on page _______, in the amount of $5,050.00 for property located at 1109 First Drive, Sanford, owned by Wayne Cleveland, as approved by the Board of County Commissioners at the March 11, 2008 meeting.

 

Development Review

25.  Authorize the release of the Tradition at Alafaya Paving and Drainage Improvements Maintenance and Escrow Agreement and Cash Maintenance Bond in the amount of $5,126.25 for the Tradition at Alafaya road improvements.

26.  Authorize the release of the Wilson Park Subdivision Private Road Maintenance Agreement and Letter of Credit #P002862 in the amount of $61,509.60 for the Wilson Park Subdivision road improvements.

27.  Authorize the release of the Rinehart Road Right-of-Way (ROW) - AmSouth Driveway Right-of-Way Utilization Permit Maintenance Bond #8154-89-19 in the amount of $10,961.34 for the Rinehart Road ROW - AmSouth Driveway road improvements.

28.  Authorize the release of the Rinehart Road Right-of-Way (ROW) - David Maus Toyota Right-of-Way Utilization Permit Maintenance Bond #104675286 in the amount of $7,406.96 for the Rinehart Road ROW - David Maus Toyota road improvements.

29.  Adopt and authorize the Chairman to execute a Resolution #2008-R-128, as shown on page _______, vacating and abandoning a portion of a platted utility easement on Lot 6, Block 12, Indian Hills, Unit 2, recorded in the Public Records of Seminole County, Florida in Plat Book 14, Page 80 in Section 20, Township 21 S, Range 30 E and further described as 2022 Collier Drive. (Diane Rice)

Planning

30.  Approve the Satisfaction of Lien, as shown on page _______, in the amount of $625.00, Case No. 00-22-CEB, on 540 Pine Court, Altamonte Springs, Tax Parcel #21-21-29-5CN-0000-0300, Bernice Penn and Murlene Penn, and authorize the Chairman to execute the Satisfaction of Lien.   

31.  Approve the Satisfaction of Lien, as shown on page _______, in the amount of $12,150.00, Case No. 05-58-CEB, on 1030 Gregory Drive, Maitland, Tax Parcel # 24-21-29-507-0B00-0040, previously owned by Carolea Oliver and currently owned by Kelly De Rivero, and authorize the Chairman to execute the Satisfaction of Lien.

 

Public Works

Roads-Stormwater

32.  Approve and authorize the Chairman to execute the Cost Share Agreement, as shown on page _______, with St. Johns River Water Management District (SJRWMD) for storm event monitoring on Howell Creek. 

 

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

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     Ms. Coto presented Item #6, request to amend the Seminole County Administrative Code to transfer the Museum of Seminole County History from Library Services to Leisure Services.  She discussed the Museum Short-term Operations Plan handout (copy received & filed) advising she is in the process of hiring a new part-time coordinator for the Museum and will be recruiting volunteers.  She said she anticipates re-opening the Museum on June 4 for 16 hours a week.  She further said the Leisure Services staff has been working the past two weeks to review procedures and inventory in order to make some recommendations to the Historical Commission and the BCC.  She added that she believes this is one of the County’s “gems” and she wants to get it open as soon as possible. 

     Chairman Carey advised Don Epps of the Historical Commission will be making a presentation this afternoon during the public comment portion of the BCC meeting. 

     Commissioner Dallari stated during the budget discussions, he had asked the staff to research the possibility of using Tourism dollars to fund the Museum and to actually put the Museum under the Tourism Development Division; and he has not received any information to date. 

     Ms. Coto said the TDC operation in Seminole County has been based on “heads-to-beds” and the Museum is visited by mostly the local community versus attracting people outside of the area.  She further said she believes Leisure Services has the appropriate resources and is a better fit for the Museum than Tourism Development. 

     Commissioner Van Der Weide commented that he has told Mr. Epps and everyone else who has contacted him on this subject that Commissioners do not have the prerogative to interfere with personnel issues; and can only discuss the budget operations of the Museum. 

     Upon inquiry by Commissioner McLean, Ms. Coto advised Leisure Services Director, Joe Abel, did attend the Historical Commission’s meeting on May 15 and there was good dialogue regarding the transfer of the Museum to the Leisure Services Department. 

     Commissioner Dallari stated that he will not be supporting the Museum being moved under Leisure Services as he believes the appropriate place is under Tourism Development. 

     Chairman Carey said that until they figure out what they are going to do with Jetta Point Park, she does not want to tap into the tourism dollars. 

     Upon inquiry by Commissioner Van Der Weide, Commissioner Henley advised the Tourism Development budget is in good shape because the TDC in the past put away money for a “rainy day”.  He added that the TDC has not been able to identify any nights that have been sold as a result of the Museum.  He voiced his objections to alcoholic beverages being permitted under the Special Use (Section 28C) of the Code, and stated he will be voting against the resolution only because of that permitted use. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-123, as shown on page _______, amending sections of the Seminole County Administrative Code to transfer the Museum of Seminole County History from Library Services to Leisure Services. 

     Districts 2, 3 and 5 voted AYE. 

     Commissioners Dallari and Henley voted NAY. 

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     Ms. Coto presented Item #10, request to award RFP-600367-08/GGM, Temporary Personnel Services for ITS Department to Cyberbest Technology, Inc., Orlando; Robert Half International, Orlando; and TEK Systems, Orlando.  She explained that after Director of Information Services, Robert Beach, was hired he identified some areas in his department that he felt were not sufficiently staffed; and one of them was programming staff.  She said this contract will allow the County to bring in staff for a specific project and then release them after the work is completed.  She added that the employees recently released from ITS were not in programming development. 

     Upon inquiry by Chairman Carey, Mr. Beach addressed the Board to advise through the budget process they were able to reduce their budget.  He said they will look at each project as a scope of service and then contact each of the three firms for the best price. 

     Commissioner Henley expressed his concern with the language in the agreement regarding hiring any of the temporary employees on a part-time or full-time basis.  He added the language can be misinterpreted. 

     Commissioner Dallari questioned why the six to eight employees who were just hired this calendar year cannot do this work.  Whereupon, Mr. Beach advised those people are not programmers; they are project managers. 

     Commissioner Dallari again questioned why people could not be hired to do both jobs.  He said he is not comfortable with this and would like to have more information.  He added that he would like to have an explanation on all the different applications. 

     Commissioner Henley stated he would like staff to keep the Board informed on each of the projects, including the amount of time that each is expected to take. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to continue until the June 10 BCC meeting, consideration of the award of RFP-600367-08/GGM, Temporary Personnel Services for ITS Department to Cyberbest Technology, Inc., Orlando; Robert Half International, Orlando; and TEK Systems, Orlando. 

     Under discussion, Ms. Coto offered that the staff can come back to the Board before renewing this contract. 

     Districts 1, 2 and 4 voted AYE. 

     Commissioner Van Der Weide and Carey voted NAY. 

     The Chairman clarified with staff that when this is brought back to the Board, they should include a quarterly report on the projects, annual renewal by the BCC, and project specifics. 

COUNTY ATTORNEY’S CONSENT AGENDA

     County Attorney, Robert McMillan, advised of a change to Item #33, Offer of Judgment for the Kohler/Lee Property, stating that the words “jointly” and “severally” should be removed from the recommended motion. 

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

33.  Authorize the issuance of an Offer of Judgment for Parcel Numbers 112/712 and 113/713 of the CR 15 Road Improvement Project for the Defendants, Stephen G. Kohler, Douglas C. Lee, Turfmaster Lawn & Ornamental Care, Inc., and Control Pest Management, LLC, in the amount of $145,000, exclusive of statutory interest, attorney’s fees and costs reimbursements; and authorize a $25,000 counteroffer to Turfmaster’s amended business claim in the amount of $598,061. 

34.  Approval of a proposed negotiated settlement relating to Parcel Numbers 106/706 of the CR 15 Road Improvement Project in the total sum of $231,757.16, inclusive of all compensation to the owner, attorney fees of any kind, all costs, interest and any other matter for which Seminole County might be obligated to pay relating to these parcels. 

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

CLERK’S OFFICE

     Motion by Commissioner Dallari, seconded by Commissioner McLean to approve and authorize the following:  Expenditure Approval Lists, as shown on page _______, dated April 21 & 28, and May 5, 2008; Payroll Approval List, as shown on page ______, dated May 1, 2008; and approval of BCC Official Minutes dated April 22, 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 and filed”: 

 1.  W.O. #27 & #28, as shown on page _______, to PS-1529-06. 

 

 2.  IFB-600301-07 Contract, as shown on page _______, with Advanced Fire Equipment of Central Fla., Inc.   

 

 3.  Amendment #1, as shown on page _______, to W.O. #23 to PS-1529-06. 

 

 4.  W.O. #59, as shown on page _______, to PS-5120-02/BJC. 

 

 5.  W.O. #28, as shown on page _______, to PS-1074-06/RJR. 

 

 6.  W.O. #3, as shown on page _______, to PS-1742-07/BLH. 

 

 7.  W.O. #23, as shown on page _______, to CC-1075-06/TRJ. 

 

 8.  Amendment #3, as shown on page _______, to PS-5191-05/TLR. 

 

 9.  Amendment #2, as shown on page ________, to PS-5168-04/TLR. 

 

10.  IFB-3075-03/JVP Letter of Clarification, as shown on page ________. 

 

11.  3rd Amendment, as shown on page _______, to IFB-3110-05/GMG, Chinchor Electric, Inc.

 

12.  Termination for Convenience, as shown on page _______, for CC-2341-07/VFT. 

 

13.  3rd Amendment, as shown on page _______, to IFB-3110-05/GMG, Traffic Control Devices, Inc. 

 

14.  W.O. #10, as shown on page _______, to PS-1020-05/DRR. 

 

15.  CC-1949-07 Closeout Documents, as shown on page _______. 

 

16.  Amendment #1, as shown on page _______, to W.O. #23 to PS-0381-06/BLH. 

 

17.  W.O. #3, as shown on page ________, to PS-5172-04/AJR. 

 

18.  Amendment #1, as shown on page _______, to W.O. #2 to PS-5172-04. 

 

19.  IFB-600324-08 Term Contract, as shown on page _______, with Prison Rehabilitative Industries & Diversified Enterprise, Inc. 

 

20.  4th Amendment, as shown on page _______, to RFP-4253-05/RPS. 

 

21.  6th Amendment, as shown on page _______, to RFP-4164-02/GG. 

 

22.  Amendment #1, as shown on page ________, to W.O. #97 to PS-5165-04/AJR. 

 

23.  2nd Amendment, as shown on page _______, to RFP-600244-07/GGM. 

 

24.  M-600212-07/BJC Contract, as shown on page _______, with Dean Enterprises. 

 

25.  Amendment #2, as shown on page _______, to W.O. #18 to PS-1074-06/TRJ. 

 

26.  C.O. #2, as shown on page _______, to CC-2009-07. 

 

27.  W.O. #59, #60, #61, #62 & #63, as shown on page _______, to CC-1220-04/TLC. 

 

28.  Amendment #2, as shown on page _______, to W.O. #18 to PS-1074-06. 

 

29.  W.O. #98, as shown on page _______, to PS-5165-04. 

 

30.  Addendum #2, as shown on page _______, to SR46/Lake Forest Townhouses PUD Developer’s Commitment Agreement. 

 

31.  D.O., as shown on page _______, for Bougainvillea Clinique as approved by the BCC on October 23, 2007. 

 

32.  Maintenance Bond LOC, as shown on page _______, for Falcon Development/Rinehart Road Commercial in the amount of $39,582.79. 

 

33.  Cash Maintenance Bond with Escrow Agreement, as shown on page _______, in the amount of $1,709 for Heathrow Enclave. 

 

34.  Cash Maintenance Bond with Escrow Agreement, as shown on page _______, in the amount of $1,254 for Girls & Boys Town. 

 

35.  Cash Maintenance Bond with Escrow Agreement, as shown on page _______, in the amount of $3,905 for Family Dollar/Just Brakes. 

 

36.  Memorandum to Assistant County Attorney, Ann Colby, from Assistant County Attorney, David Shields, dated April 29, 2008 re:  Parcels #112/712 & #113/713, Stephen G. Kohler & Douglas C. Lee, CR 15 (ecological consultant services). 

 

37.  Memorandum to Assistant County Attorney, Ann Colby, from Assistant County Attorney, David Shields, dated April 30, 2008 re:  Parcels #112/712 & #113/713, Stephen G. Kohler & Douglas C. Lee, CR 15. 

 

38.  Memorandum to Assistant County Attorney, Ann Colby, from Assistant County Attorney, David Shields, dated April 29, 2008 re:  Parcels #112/712 & #113/713, Stephen G. Kohler & Douglas C. Lee, CR 15 (Land Planning & Use). 

 

39.  Performance Bond, as shown on page _______, for Clayton Crossing in the amount of $64,961.60. 

 

40.  C.O. #2, as shown on page _______, to CC-1075-06. 

 

41.  Development Orders, as shown on page _______, for the following:  Jean Moon Nelda; Robert & Luz Taylor; Richard & Marilyn Brethouwer; and Cecilia Ravak. 

 

42.  Revised & Restated Development Order, as shown on page _______, for Faith Terrace Rezone as approved by the BCC on January 22, 2008. 

 

43.  Litigation Consultant Services Agreement, as shown on page _______, with Diversified Property Specialists, Inc. for Case #2007-CA-1605-101C-13-L. 

 

44.  Opinion of Title, as shown on page _______, for Wal-Mart Stores/Murphy Oil Minor Plat. 

 

45.  Joint Participation Agreement, as shown on page _______, with FDOT re:  Hwy. 17-92 & Laura Street as approved by the BCC on January 8, 2008. 

 

46.  Amendment of Letter of Credit, as shown on page _______, for ABC Fine Wine & Spirits in the amount of $1,244. 

 

47.  Cash Maintenance Bond, as shown on page _______, for Maple Leaf Commerce Center in the amount of $3,454. 

 

48.  Maintenance Bond, as shown on page _______, for Veramonte aka Long Pond in the amount of $66,100. 

 

49.  Conditional Utility Agreements, as shown on page _______, for water and sewer for Dikeou Realty/Walgreens @ Palm Valley. 

 

50.  Conditional Utility Agreements, as shown on page ________, for water and sewer for Exchange Place. 

 

51.  Bill of Sale and Letter, as shown on page _______, accepting water and sewer for the project known as Colonial Town Park Bldg. 400. 

 

52.  Letter, as shown on page _______, accepting water and sewer for the project known as Alaqua Country Club Clubhouse. 

 

53.  Customer Agreement, as shown on page _______, for Reclaimed Water Rates for Fifth Third Bank. 

 

54.  Conditional Utility Agreements, as shown on page _______, for water and sewer for Continental 107 Fund LLC for the project known as M/I Bank. 

 

55.  Bill of Sale, Warranty Deed and Letter, as shown on page _______, accepting water & sewer systems in Veramonte (fka Long Pond). 

 

56.  Bill of Sale and Letter, as shown on page _______, accepting water and sewer systems in Maple Leaf Commerce Center. 

 

57.  Bill of Sale, Utility Easement and Letter, as shown on page _______, accepting water system for ABC Fine Wine & Spirits/Charles Bailes, Jr. 

 

58.  Bids for the following:  CC-3075-08, IFB-600404-08, CC-3191-08 (CD of Procurement Files), RFP-600409-08, RFP-600323-08, and #600394-08. 

 

REGULAR AGENDA

     Planner, Dick Boyer, addressed the Board to present request for direction with regard to the LYNX U.S. 17-92 Link 103 (Fern Park to Seminole Center) Service Development Grant.  He advised the grant stipulates that the State will pay half of the operational costs for the initial two years with the County contributing the other half.  The County will take over full payment beginning with the third year of service.  He further advised that due to the uncertainty for all parties regarding funding, FDOT has indicated that they will accept a resolution containing an “out” clause should the Board find that funding the start-up of a new route is not financially feasible at the point in time that the grant agreement must be signed.  He said the improved service will support several local and regional goals for the County and the 17-92 corridor.  Copy of Memorandum from Assistant County Attorney, Arnold Schneider, to Mr. Boyer regarding the utilization of tax increment proceeds for funding LYNX bus service within the CRA service area was received and filed. 

     Chairman Carey stated she would support the use of CRA funds for this route. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-131, as shown on page _______, providing matching funds to LYNX to initiate Link 103 (U.S. 17-92 between Fern Park and Seminole Center) starting in FY 2009/2010 or FY 2010/2011; and authorize the Chairman to execute same. 

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

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     Planner, Cynthia Sweet, addressed the Board to present request for a waiver of Active/Passive Buffer Setback Design standards for the Hindu Temple Quadraplex, located on the south side of Lake Drive and east of Florida Avenue, in Section 10, Township 21S, and Range 30E.  She advised the request is for reducing building setbacks from 100 feet to 21 feet minimum for passive sides; from 100 feet to 23 feet minimum for active sides; buffer width for passive sides from 15 feet to 7.5 feet minimum; and for active side buffer from 50 feet to varying from 2.7 feet to 9.2 feet.  She further advised the access to the property will be from the existing temple’s site rather than through the deeded access between the parcels to the north, which will help reduce any objectionable impacts to those properties.  The building will meet the minimum setback requirements for the R-1AA classification and will be used as ancillary to the existing temple serving as living quarters for the temple’s priests.  Due to the size of the parcel, adjacent properties, and the use of the proposed structure, staff is in favor of reducing the setbacks and buffers as proposed and concludes that reducing the setbacks and buffers will not cause any negative impacts to the adjacent properties. 

     Jeremy Anderson, representing The Hindu Society of Central Florida, addressed the Board to state they believe the proposed building will supplement the development and allow the priests to live onsite.  He added that this will improve the security to the temple. 

     District Commissioner McLean advised the site is very isolated so the waivers will not have any affect on anyone. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve the following waivers to the Active/Passive Buffer Setback Design Standards for the Hindu Temple Quadraplex proposed on the south side of Lake Drive and east of Florida Avenue, in Section 10, Township 21S, Range 30E, The Hindu Society of Central Florida:  (1) Reduce building setbacks from 100 feet to 21 feet minimum for passive sides; (2) Reduce building setbacks from 100 feet to 23 feet minimum for active sides; (3) Reduce buffer width for passive sides from 15 feet to 7.5 feet minimum; and (4) Reduce buffer for active side from 50 feet to varies from 2.7 feet to 9.2 feet. 

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

COUNTY MANAGER’S BRIEFING

     The Board noted, for information only, the Budget Amendment Status Report for FY 2007/2008. 

COUNTY MANAGER’S REPORT

     County Manager, Cindy Coto, updated the Board with regard to the conflict counsel, advising she is in receipt of a couple letters from Mr. Dean asking for funding in the amount of $150,000.  She said she has contacted 13 other counties within the region and funding has ranged from $125,000 for Orange County to $60,000 for Sumter County.  She further advised that there will be a conference call with all the County Attorneys tomorrow with regard to this and she will bring the information back to the Board before seeking direction on this.  She added that this is another unfunded State mandate. 

     Commissioner Henley asked for copies of the budgets for each of the 13 counties.  Ms. Coto stated that the information she has received does not have any detail. 

     Upon inquiry by Commissioner Dallari, Ms. Coto stated that she has requested a business plan from Mr. Dean. 

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     Ms. Coto advised the City of Winter Springs is holding a work shop tomorrow to discuss the potential of consolidating their Fire Department with Seminole County’s.  She said DCM Joe Forte, Public Safety Director Tad Stone, and she will be attending.  She added that if any of the Commissioners wish to attend, they can do so because it was an advertised meeting.  She stated that staff was approached several months ago and has only done a “thumb nail” analysis.  She further stated that if it is the City’s desire and the BCC’s desire, staff can do a more indepth analysis. 

     Commissioner Dallari said he plans to attend the meeting and will make every effort to get there. 

     Chairman Carey advised the work shop is scheduled for 6:30 p.m. 

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     The Chairman recessed the meeting at 10:55 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials (County Attorney Robert McMillan and Clerk Maryanne Morse entered late) with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

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     Chairman Carey advised the audience of the rules of procedures for the public hearings.

     County Attorney Robert McMillan entered the meeting at this time.

PUBLIC HEARINGS

FY 2007/08 MID-YEAR BUDGET AMENDMENT RESOLUTION

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the FY 2007/08 Mid-Year Budget Amendment Resolution, received and filed.

     Cecilia Monti, Fiscal Services Financial Manager, and Lin Polk, Budget Manager, addressed the Board.  The Mid-Year Budget Amendment Executive Summary was received and filed.

     Ms. Monti presented the request for approval and authorization for the Chairman to execute the FY 2007/08 Mid-Year Budget Amendment Resolution.  She advised the proposed adjustment to the Countywide budget is $38,645,965.  The General Fund and Infrastructure Sales Tax Fund account for the majority of these adjustments.  The ending Reserves balance after adjustments is $200,091,078.  Upon approval of the proposed Budget Amendment Resolution, the adjusted County-wide FY 2007/08 Budget for all funds will be $1,195,571,100.  Sixty-four percent (64%) of this budget is comprised of Enterprise Funds, Capital Funds and other restricted or specific revenue sources.  Thirty-six percent (36%) represent governmental activities. 

     Clerk Maryanne Morse entered the meeting at this time.

     Chairman Carey stated in her discussion with staff about the $1 million from the Port Authority and the balance of it that went to the Economic Development Commission, it was reported to her that for some of the awards the County did for economic incentives, when they run them out long-term, they had a shortfall.  That’s the reason the money was put into the Economic Development Department.  She said she thinks the Board needs to look at those economic incentive commitments for as long as they are made.  She has asked that those be put on a spread sheet so the Board has this information prior to beginning the next budget discussions. 

     No one spoke in support or in opposition.

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute Resolution #2008-R-129 adopting the FY 2007/08 Mid-Year Budget, as shown on page _______, and adopt Budget Amendment Resolution #2008-R-131, as shown on page _______, in the amount of $38,645,965. 

     Under discussion, Commissioner Dallari asked staff what projections were used, and how are they determining those projections for the near future on the gas tax revenue.

     Ms. Monti stated they have established trend analyses and they look at where they should be with collections on a monthly basis based on prior year actual collections.  Now they are tracking the adjusted revenues presented today.  They are looking at these closely on a monthly basis.  If there should be any downturns in the future, they will bring those back right away to the Board.  In addition, they use the University of Central Florida’s economic outlook reports to see if anything there indicates there will be a downturn in the revenues.

     Commissioner Dallari asked what is used to review the projections to see how accurate they are for the price of fuel.

     Ms. Polk advised Administrative Services adjusted the budget for FY 2008/09 in the amount of $700,000 to allow for any increases in gasoline expenditures for the next year.  They are anticipating a decrease in usage of approximately 7.28%.  She explained that with a consumption reduction, even if a funding rate went up to $5 per gallon, they would still be within $500,000.  She further explained the budget was increased to support a blended rate of $3.80 per gallon.  Staff also assumed a 7.2% decrease after that.  She said today the County is paying $3.44 per gallon. 

     Chairman Carey said she thinks from all the trends she has seen, Florida will probably be impacted because of the number of people who will be traveling during the summer.  It is projected that the visitor numbers will be down, which means the consumption will be down, and the residents are trying to drive less.  She said she would not want the Board to anticipate having an increase in revenue.

     Commissioner Dallari stated he’s thinking with the price staff quoted, the County will be above that in the next 12 months.

     Ms. Polk corrected herself that the figure for the blended rate was $3.95.

     Ms. Coto stated staff will continue to look at these numbers and, hopefully, by mid-July the staff will have a better handle on where fuel prices are going.  With some of the amendments made in the organization recently, they are looking at an overall decrease, because they will have fewer vehicles on the road.

     Commissioner Henley asked if staff had explored the possibility of future gas for future needs.

     Ms. Coto said the County does not have the storage capacity for future needs.  They have done everything in their power to buy at the best price possible, but it’s almost on a floating basis. 

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

BEAR LAKE VILLAGE SMALL SCALE FUTURE

LAND USE AMENDMENT AND REZONE/ANDRE ANDERSON

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance approving the Bear Lake Village Small Scale Future Land Use Amendment from OFF (Office) and COM (Commercial) to PD (Planned Development) and Rezone from OP (Office) to PCD (Planned Commercial Development), for 1.198+/- acres located at the southwest corner of SR 436 and S. Hunt Club Blvd., Andre Anderson, received and filed.

     Austin Watkins, Senior Planner, addressed the Board to present the request, stating the applicant is requesting to rezone to PCD to allow for C-1 uses with the following exclusions:  appliance stores; bakeries, where goods are sold on premises as retail; communication towers, day nurseries, kindergartens, drug testing/blood testing  facilities; employment agencies; funeral homes; furniture stores; hardware stores; launderettes and laundromats; multi-family housing such as condominiums, apartments and townhouses of medium to high density; plant nurseries; public and private schools; self-service laundries and theatres.  He advised the applicant is requesting a waiver to Section 30.1232 of the Land Development Code, which is the active/passive buffers as follows:  on the western property line, buffer width from 15’ from a passive edge to 12.72’; setback of 25’ to 12.72’; 6’ masonry wall to a 7’ concrete wall; 4 canopy trees every 100 linear feet to 2 canopy trees.  He said the applicant already has a 30” continuous hedge along the property line.  On the southern property line, passive side requires a buffer width of 15’ and the applicant is proposing 23.70’; setback of 25’ to 23.70’; 6’ masonry wall to a 7’ concrete wall; 4 canopy trees every 100 linear feet to 10 canopy trees within the frontage along SR 436; and he is also proposing a 30” continuous hedge.  Mr. Watkins said the staff is recommending approval of the passive buffer reductions as stated.  He said staff has reviewed the final site plan and Developer’s Commitment Agreement and finds that the applicant has met all the conditions of the proposed Development Order.  If approved, the Small Scale Land Use Amendment will bring the subject property into compliance with the Land Development Code and will absolve the existing code violations on the property.  Staff is recommending approval of the Small Scale Land Use Amendment from Office (OFF) and Commercial (COM) to Planned Development, and Rezone from OP (Office) to PCD (Planned Commercial Development); and is recommending approval of the Final Site Plan, Development Order and Developer’s Commitment Agreement.

     Upon inquiry by Chairman Carey, Mr. Watkins stated there is already an existing wall and hedges on the property.  The height of the wall is already at least 7’ and what the applicant has done is installed a vinyl fence above the wall on certain portions of the property.  The applicant will supplement what already exists as necessary.

     Andre Anderson, Planning Design Group, representing the applicant, addressed the Board to state he supports the staff comments and recommendations.  He said this is a unique situation because it already exists and they are trying to correct a code violation.  They have made some extra efforts to be compatible with the subdivision to the south and to be good neighbors.  These include installing a vinyl fence above the existing 7’ wall at a portion towards the east, coming down Hunt Club Boulevard, to block the light from shining into the subdivision.  They have also painted the wall on the side of the subdivision and maintained the shrubs, even though they are in the public right-of-way. 

     Edward Kern, 3226 Chadwick Road, addressed the Board to speak in opposition, stating his lot faces the block wall and he has lived there since 1984/85.  He said originally he looked out his dining room window across the street and saw beautiful woods.  In 1988, the project was constructed and he fought to get that section in front of his house zoned OP, and it is has been zoned OP ever since then.  He explained that there was an error in building the wall and it needed to be raised four feet.  He said the fence has been reinstalled, but it was brought down on his side so he is looking at the ugly frame work that was not put on the side of the shopping center.  The problem is that the lights come in.  Over the years, there have been tractor trailers parking there at night and running their motors all night long.  For the past four years with no fence, there were various times they tried to get the applicant to deal with the fence and they would not do it.  It seems that the applicant has done it now because they want to rezone the property.  He said he has to oppose it.  He said his neighbor, Jean Harry, had a petition signed.  He doesn’t understand why she or Mr. Green, another neighbor, are not here today to also oppose this.

     No one else spoke in support or in opposition.

     District Commissioner Van Der Weide stated this issue has been around for years.  From the comments today, you can realize some adjustments have been made.  Mr. Green has been to his office and, to his understanding, Mr. Green agreed with the developer that the items he wanted were corrected.  Now, there are some different issues but Mr. Green is not present today.  He said he doesn’t know what the developer could do to correct the situation at this point regarding the fence.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to approve the requested Bear Lake Village Small Scale Land Use Amendment from OFF (Office) and COM (Commercial) to PD (Planned Development) by adoption of Ordinance #2008-22, as shown on page _______; approve the requested Rezone from OP (Office) to PCD (Planned Commercial Development) by adoption of Ordinance #2008-23, as shown on page _______, for 1.198+/- acres located at the southwest corner of SR 436 and S. Hunt Club Blvd.; as described in the proof of publication, Andre Anderson, based on staff findings; and approval of the Final Site, Development Order, as shown on page _______, and Developer’s Commitment Agreement, as shown on page _______.

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

CATTLE DRIVE TRAIL

REZONE/PAULINE M. SAUCER

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Cattle Drive Trail rezone from A-5 (Rural) to A-10 (Rural) for 56.00+/- acres located on the east side of Cattle Drive Trail, north of W. Osceola Road, Pauline M. Saucer, received and filed.

     Brian Walker, Senior Planner, addressed the Board to present the request, stating the applicant is requesting the rezone in order to meet the qualifications pursuant to the regulations outlined for the Family Subdivision in Section 35.72(e) of the Land Development Code.  He advised the staff determined that, with exception of the A-10 zoning classification, the applicant meets all the qualifications that are required to pursue a Family Subdivision.  He stated on May 7, 2008, the Planning and Zoning (P&Z) Commission voted unanimously to recommend approving the request to rezone to A-10.  Staff is also recommending the Board approve the request to rezone. 

     Chairman Carey asked if there is a deed restriction placed on the property so that if the property were sold in the future, but not to an immediate family member, it would be a non-conforming use.

     Mr. Walker stated the applicant is required to submit an affidavit that the property would only be transferred or sold to an immediate family member, so in that sense there is a restriction.  He said he was not sure what legal mechanism is in place, but it is a recorded affidavit.

     Chairman Carey said there needs to be a deed restriction so that if the title company looks at it and sees the property not transferring to an immediate family member, it would flag that it’s now a non-conforming use and possibly an illegal sale.

     County Attorney Robert McMillan said the Board can’t prevent the owners from selling the property.  He suspects that at the time this was done, the staff simply wanted to make sure the property was sold and split for family use, but he doubts there was any particular desire to capture subsequent purchases.  He doesn’t know if the intent was that family members would have to own the parcel forever.  He said he would have to do some research. 

     Commissioner Henley said it seems to him that if they go into this, they are setting up a mechanism where they could wind up with one-acre lots in Rural A-10 and A-5, and that was not the intent when the Board adopted the regulations.

     Mr. McMillan advised the Board could make it a condition of the approval that the property be flagged as a deed restriction so that it shows up in a title search and someone would know what actually happened.

     Jay Saucer, son of Pauline Saucer, applicant, addressed the Board to state the five acres were transferred three or four years ago.  They waited to sell their house and then went to build.  That met the classification at the time for A-5.  He said this is a five-acre split and not a one-acre split.  He doesn’t know how they could achieve going back and placing a deed restriction on something that is already transferred.  He further stated there are no other siblings at this point in time looking to build or become a part of the farm.  He explained his mother requires assistance maintaining the farm.  He clarified for Chairman Carey that this is a five-acre parcel out of a 56-acre parcel.

     Mr. McMillan clarified with Mr. Walker that the applicant is only requesting a rezoning today and not a split.  When the property is split, there could be a maximum of three lots.

     Chairman Carey clarified further that the applicant is requesting the Board to rezone from A-5 to A-10 because they have to be A-10 zoned to qualify for the Family Farm status.  The applicant will come back under the A-10 zoning if they choose to and plat it under the Family Farm process.

     No one spoke in support or in opposition.

     District Commissioner Carey recommended approval of the request to rezone.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the Cattle Drive Trail rezone from A-5 (Rural) to A-10 (Rural), by adoption of Ordinance #2008-24, as shown on page _______, 56.00+/- acres located on the east side of Cattle Drive Trail, north of W. Osceola Road; as described in the proof of publication, Pauline M. Saucer, based on staff findings.

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

COMFORT ROOMS REZONE/

STEPHEN FERRANDO

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Comfort Rooms rezone from R-1 (Single-Family Residential) to PUD (Planned Unit Development), 0.37+/- acres located on the northeast corner of the intersection of Church Street and Elder Road, Stephen Ferrando, received and filed.

     Ian Sikonia, Senior Planner, addressed the Board to present the request, stating the proposed use of the building would be for the Comfort Rooms of Florida business which builds glass rooms, sunrooms, and vinyl and acrylic rooms.  He advised the applicant is requesting a waiver from the Active/Passive Buffer Setback Design Standards along the north property line.  He explained the requirements for an active property line are a 25-foot landscape buffer and a 100-foot building setback.  The applicant is requesting a 10-foot side setback and a 10-foot landscape buffer in lieu of the active setback and buffer along that property line.  Without the relaxation of the active building setback of 100 feet, a building could not be constructed on site due to the 123-foot lot depth.  Staff finds the requested buffer and setback acceptable due to the similar buffers imposed on the other PCD’s in the area and the size of the subject property.  He said staff believes the PUD meets the intent of the High Intensity Planned Development-Target Industry Future Land Use.  Staff finds the requested rezone is compatible with the surrounding uses and existing development patterns of the area.  The P&Z Commission met on April 2, 2008, and voted 5 to 1 to recommend approval of the request to rezone to PUD.  Staff is also recommending approval of the request to rezone and approval of the Preliminary Master Plan and Development Order.

     John Herbert, American Civil Engineering Company, applicant, addressed the Board to state he concurs with the staff recommendation.

     No one spoke in support or in opposition.

     District Commissioner Carey recommended approval of the request to rezone and approval of the Preliminary Master Plan and Development Order.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the Comfort Rooms rezone from R-1 (Single-Family Residential) to PUD (Planned Unit Development), by adoption of Ordinance #2008-25, as shown on page _______, 0.37+/- acres located on the northeast corner of the intersection of Church Street and Elder Road; as described in the proof of publication, Stephen Ferrando, based on staff findings; and approval of the Preliminary Master Plan and Development Order, as shown on page _______.

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

PENINSULA AT ISLAND LAKE

REZONE/MICHAEL TOWERS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Peninsula at Island Lake rezone from A-1 (Agriculture) and R-1AA (Single-Family Dwelling) to R-1AA (Single-Family Dwelling), 10.49+ acres located 500 feet east of the intersection of Marla Avenue and Adams Street, Michael Towers, received and filed.

     Mr. Sikonia presented the request, stating the P&Z Commission met on April 2, 2008, and voted 6 to 0 to recommend approval of the request to rezone to R-1AA, and staff is also recommending approval to rezone to R-1AA (Single-Family Dwelling).

     Michael Towers, Oakwood Construction and Development, applicant, addressed the Board to state he agrees with the staff recommendation.  He clarified that around the edges of the lot is basically where the agricultural pieces are.  What he is looking to do, because there is incompatibility between the R-1AA and agricultural, is to turn it around and zone it all R-1AA, and they will place a conservation easement over it.  He said they are not looking for any increased square footage for buildable lots or anything else.  He also said he had discussed with Commissioner Henley about upgrading Suniland Avenue.  He clarified for the record that the project is located on the corner of Adams Street and Suniland Avenue (not Marla Avenue).  He said he met with Commissioner Henley on site and looked at the requirement for bringing the road up to County standards.  He stated this is an established residential neighborhood and the road was installed two to four years ago and is in excellent condition.  He looked at putting in some additional upgrades to the roadways in the neighborhood as opposed to tearing up the road and putting it back in.  He also discussed putting in street lighting and sidewalks.  Commissioner Henley suggested he contact the residents along Suniland and ask what they are looking for.  He said he delivered 18 letters to the neighborhood and received only one back from Mr. Christopher Chaston (received and filed), who wanted nothing done to the road and did not want any sidewalks or street lights.

     Commissioner Henley said this is the same indication he received, that the residents don’t want anything done to the road.  He said this is an infill project and he has walked the site with and without Mr. Towers.  There are some wetlands on it as outlined by the St. Johns River Water Management District’s study.  He doesn’t think they need to do anything to the road and he did not see anything in the staff report that it’s a requirement. 

     Ms. DeBord advised that the request at this time is a straight rezoning, and the subdivision process has not begun yet.  She explained when staff has an opportunity to review it during the process, they will be glad to evaluate all the infrastructure requirements.  She asked the Board to allow staff to bring their recommendations forward at that time.

     No one spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner McLean, to approve the Peninsula at Island Lake rezoning from A-1 (Agriculture) and R-1AA (Single-Family Dwelling) to R-1AA (Single-Family Dwelling), by adoption of Ordinance #2008-26, as shown on page _______, 10.49+ acres located 500 feet east of the intersection of Suniland Avenue and Adams Street; as described in the proof of publication, Michael Towers, based upon staff findings.

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

RIGHT-OF-WAY VACATE/STILLWATERS

PROPERTIES OF CENTRAL FLORIDA

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution to vacate and abandon that portion of the unimproved public right-of-way known as 6th Street as shown on the plats of Allen’s First Addition to Washington Heights, and Off Broadway Industrial Park, and that portion of Avenue C, lying south of and contiguous to Lots 10 and 11, Block C; property located south of CR 426, Oviedo, Florida; Stillwaters Properties of Central Florida, received and filed.

     Ms. Sweet presented the request, stating the applicant wishes to vacate the rights-of-way for a future commercial industrial development, and the vacate and abandonment of the rights-of-way is necessary in order for the applicant to achieve the development as proposed.  She said staff has no objection to vacating and abandoning all portions of the rights-of-way as requested by the applicant, subject to the applicant dedicating a utility easement agreement with the city of Oviedo over the existing utilities prior to recording of the resolution.  She advised the applicant has submitted letters from the utility companies stating no objections.  The applicant has voluntarily agreed to dedicate to the city of Oviedo a utility easement over the existing utility lines prior to recording of the vacate resolution.  Therefore, staff recommends Board adoption of the Resolution, subject to the condition as described.

     David Axel, Axel Real Estate, Inc., representing the applicant, 1757 W. Broadway, addressed the Board to state they concur with the staff recommendation and he is present to answer any questions.

     Commissioner McLean confirmed with Mr. Axel that he has no problem with the dedication of the utility easement agreement with the city of Oviedo.

     Steven Wagner, 377 Sugar Sand Lane, addressed the Board to state he is not necessarily opposed to the request to vacate.  He knows there is an upcoming rezone planned and this is part of the whole ongoing plan for development.  He wants it to be noted that there are residents concerned about all the industrial coming in adjacent to their residences in the past few years.  The last bit of vacant property is potentially soon to be developed.  He said he is most affected because he will see out of his bedroom window every morning whatever is built.  He has discussed with the property owner about increasing the buffer zone between his residence and the proposed site. 

     Chairman Carey advised Mr. Wagner that the Board had not seen the preliminary site plan and she doesn’t want to get into discussion of that until they can see what the applicant is requesting.  She said when the Board hears that item, they would want to hear Mr. Wagner’s concerns at that time. 

     Upon inquiry by Commissioner Dallari, Mr. Wagner said he did not have any issues with the vacate request before the Board.

     No one else spoke in support or in opposition.

     Speaker Request Form for Mr. Wagner was received and filed.

     District Commissioner McLean advised Mr. Wagner that this vacate and abandonment in no way entitles the applicant to anything in the process, but this is one step of the multi-step process. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari, to adopt Resolution #2008-R-130, as shown on page _______, vacating and abandoning that portion of the unimproved public right-of-way known as 6th Street as shown on the plats of Allen’s First Addition to Washington Heights, as recorded in Plat Book 3, Page 23, and Off Broadway Industrial Park, as recorded in Plat Book 63, Pages 67 and 68, and that portion of Avenue C, lying south of and contiguous to Lots 10 and 11, Block C, Allen’s First Addition to Washington Heights, as recorded in Plat Book 3, Page 23, Public Records of Seminole County, Florida; property located south of CR 426, Oviedo, Florida; as described in the proof of publication, Stillwaters Properties of Central Florida, subject to the condition that the applicant dedicates a utility easement agreement with the city of Oviedo over the existing utilities prior to recording of the Resolution.

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

LEGISLATIVE UPDATE

     Assistant County Manager Sabrina O’Bryan addressed the Board to present the update on legislative activities.  She reviewed that there were 308 bills passed during the legislative session.  Forty of those have been approved by the Governor; 71 bills are pending in the Governor’s Office and a little over 200 have yet to be transmitted to the Governor’s Office.  Of the pending bills in the Governor’s Office, he has 15 days to veto any portion of the bill or the bill in its entirety or take no action and have the bill accepted into law without his signature.  She reported on Senate Bill 1588 dealing with property tax legislation, which was the Glitch Bill and dealt with the ability to roll back rates and how far they could go back in terms of the amendments from last year.  Ms. Spriggs is moving forward three possibilities for the Board’s consideration during the budget presentation.  They can go ahead and adopt the current millage rate of 4.3578, which would have no impact outside what was presented a couple weeks ago by staff for forecasting of the budget.  The second option would be a roll back at an estimated 4.2309, which would create an additional $3.6 million reduction in the projections presented a couple of weeks ago.  The final option would be a maximum millage rate, which is estimated at 4.4065 that could generate an additional $1.8 million in revenue.  Regarding HB 909 related to the Value Adjustment Boards (VAB), Ms. O’Bryan explained the composition of the VAB will change to two County appointments, one School Board appointment and two citizens.  Also, this bill mandates that the BCC will seek external council for the VAB.  She advised that Deputy County Attorney Ann Colby is working closely with the Clerk’s Office to schedule a meeting to determine when and how that change should be made.  This bill will be discussed again tomorrow (May 21) along with SB 1588 by the Economic and Demographic Research Committee. 

     Chairman Carey said unless the Governor vetoes the bill, it is something the BCC needs to deal with.  She asked when the composition of the VAB would go into effect.

     Clerk Maryanne Morse said September 1, 2008, is when everything changes, effective that date.  That means they would have to have an attorney on board prior to that date.  She said there is a lot more to this bill.  The magistrates that have been used in the past now have to be certified by the State of Florida and she doesn’t know how that will be done between now and September 1. 

     County Attorney Robert McMillan stated one of the conflicts in the bill is that the Statutes prohibits the VAB from meeting without an attorney present, so his staff has talked about having an earlier meeting so that the County Attorney can still represent the VAB before September 1 in order to go through the process of hiring an attorney and have one on board after September 1 to be able to meet.  He explained that the VAB would have to hire the attorney.  He further explained that the County Commission must appoint a citizen who must be a residential homestead holder in the County and the School Board must appoint a citizen who must be a commercial property owner in the County.

Further discussion ensued on the hiring process for the magistrates and the procedures that have to be adopted by the State.

     Ms. O’Bryan stated staff has not calculated the financial impact of the legal counsel.  She believes this is a three to two split between the County and the School Board for funding.

     Commissioner Dallari asked if it is possible to see if any of the Special Magistrates used in the past are State-certified.  Whereupon, Ms. Morse said they would not have been because they were not required to be under the old rules.

     Ms. O’Bryan continued with review of HB 527 which deals with brownfield redevelopment and offering a 25% tax credit up to $500,000 for construction in a brownfield site of a healthcare-related facility. 

     Ms. O’Bryan reported that HB 7125 failed, which dealt with State and local revenue limitations.  HB 392 failed, which dealt with budgetary disclosure fund limitations and restrictions upon governmental transparenting, etc.  HB 991 failed, which dealt with public input requests.  Relating to the Transportation Bill (HB 1399), Ms. O’Bryan stated she had the opportunity to hear Mr. Harkey from Congressman Mica’s office address a portion of the business community (Private Business Association of Seminole County-PBAS) last week sharing his feelings and thoughts on the Commuter Rail project.  He said he doesn’t feel there is going to be a special session of the Legislature to deal with that issue because of the budgetary constraints.  He encouraged local governments to move forward and continue to educate the business community as well as the local Legislative Delegation, because there are going to be some members changing, and confirm the appropriation of $418,000 for the development of the four rail stations in Seminole County. 

     Regarding the environmental budget issues, Ms. O’Bryan stated the $7.7 million for alternative water supply remained in the environmental budget. 

     Ms. O’Bryan apologized for providing the Board with incorrect information at the last meeting and said she subsequently sent a follow-up e-mail regarding same.  She said she was confusing the replacement of local effort with the separate issue that was going on with the Community College.  She had the opportunity to contact George Kosmac, Deputy Superintendent, Seminole County Public Schools, and he has offered to come and address the BCC with greater details of what the school system will be facing if this item is approved by the voters in November.  She advised the Seminole County School Board would be short $46 million (copy of analysis and potential impact was received and filed).  She explained for Commissioner Dallari that if this passes, this would be an increase in sales tax by up to 1%. 

     Chairman Carey said the County’s penny is going to sunset in 2011.  She asked if the School Board would then be able to go for the half cent on top of what they have the ability to levy now.  Ms. O’Bryan said that did not come out in the discussion, but she would be happy to invite Mr. Kosmac to address the group or have individual meetings with the Commissioners.  Chairman Carey suggested she call and ask this question.

     Ms. O’Bryan said a Work Place Safety Task Force was created by a bill just passed and they will be looking at occupational safety and health administration standards and presenting some alternatives for the January 1, 2009 time frame.  This may not be much of an impact on the County budget.  She concluded her report stating staff will continue to review the bills as they are signed and will provide the Board with an update.

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     Chairman Carey recessed the meeting at 2:55 p.m. and reconvened it at 3:05 p.m.

CHAIRMAN’S REPORT

     Chairman Carey advised when Commissioner Henley was on vacation, she attended the Central Florida Commuter Rail meeting on May 9 and she has a copy of the concept plans for the Commissioners to view, showing all the stations.  Commissioner Henley advised he already has a copy of the plans.

     Clerk Maryanne Morse reentered the meeting room at this time.

     Chairman Carey stated the contract with CSX is valid through June, 2009, and they are confident they will be able to get this worked out so everyone is moving ahead and everyone at the Commuter Rail meeting committed to continue on and are still committed to the project.

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     Chairman Carey advised that she and Ms. Coto traveled to Washington, D.C., on May 13 and 14 to visit with the Legislators and this time coincided with the Baker-Hostellar Chamber Fly-in, so they had the opportunity to go to dinner with that group, including some community and transportation leaders.  They spent time with Congresswoman Corrine Brown and talked about the commuter rail project and she is dedicated to continuing her work to make sure that project moves forward.  They also met with representatives from Congressman Feeney’s office and talked about the importance of the SR 46 funding.  She clarified that Congressman Feeney is asking for earmarks for projects that he had requested before and has put in a request for 2009 appropriations for the SR 46 project.  Chairman Carey said they also met with Senator Nelson and spent quite a bit of time discussing the Regional Surface Water Plant with him and he is planning to have a town hall meeting.  She offered that when he comes to town she would be happy to try to show him all the projects the County is looking for support for from the Congressional and U.S. Senate level.  She stated they ended their trip having lunch with Congressman Mica and talked about what is coming forward, not only with commuter rail, but transportation in general.  She said next year, they will start early writing the Transportation Bill, and Congressman Mica asked that as a region, they talk about what their top priorities are going to be.  She told him she was confident that the Wekiva Parkway would be one, in addition to the commuter rail.  She is looking forward to discussing this at some of the MetroPlan meetings. 

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     Chairman Carey reported that this past Thursday she attended the Commission on Homelessness meeting and Chairman Ed Timberlake talked about place holders in the budget.  She said they contributed $25,000 when the temporary Commission was in place.  The Chairman is now requesting $1.5 million.  She advised him that the BCC would have to get back with him on that and, in light of the budget cuts made, she doubted he was going to get anywhere near that amount from Seminole County.  She has asked Ms. Coto to contact the various jurisdictions to see what they are proposing in order to have some idea of what their colleagues are going to do.  Thus far, she has heard that Osceola County staff is only going to recommend $25,000 to their Commission. 

     Commissioner Dallari requested a copy of the Commission on Homelessness’s proposed budget of where the funds are going to be allocated. 

     Chairman Carey said she discussed with Community Services Director David Medley that Seminole County already provides services to the homeless community and these funds could be partially in-kind or other services that the County does.  She asked if he could identify the services the County already provides to the homeless.

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated May 2, 2008 from Michael Napier, Administrator, Seminole County Health Department, to Board of County Commissioners re:  Integrated Mosquito Control in Seminole County.

 

 2.  Copy of letter dated May 5, 2008 from President John Hitt, UCF, to Commissioner Bob Dallari and Manager Cindy Coto re:  response to Ms. Coto’s letter of April 2nd regarding Small Area Study.

 

 3.  Letter dated May 5, 2008 from Mike McDaniel, Office of Comprehensive Planning, DCA, to Chairman Brenda Carey re:  Objections, recommendations, and comments for Seminole County Comprehensive Plan Amendment 08-1.

 

 4.  Copy of letter dated May 6, 2008 from Chairman Brenda Carey to Tracy Turk, Metro Orlando EDC, re:  SEOS.

 

 5.  Letter dated May 6, 2008 from Congressman John Mica to Chairman Brenda Carey re:  update on Central Florida Commuter Rail project.

 

 6.  Letter dated May 7, 2008 from Miriam Wheeler Bruce to Chairman Brenda Carey re:  Museum operations.

 

 7.  Copy of letter dated May 8, 2008 from Barbara Barbour, Clerk of City of Oviedo, to Ms. Cindy Coto re:  Annexation Ordinance No. 1439.

 

 8.  Letter dated May 8, 2008 from Eugene Miller, City Manager, City of Oviedo, to Ms. Cindy Coto re: Delegation of Authority Resolution to Create a Community Redevelopment Agency in the City of Oviedo (CD enclosed).

 

 9.  Letter dated May 8, 2008 from Patsy Wright, City Clerk, City of Altamonte Springs, to Chairman Brenda Carey re:  Voluntary annexation of properties located at 750 Arletta Street and 9401 Forest City Cove.

 

10.  Letter dated May 9, 2008 from Chairman Brenda Carey to Miriam Wheeler Bruce re:  Museum operations.

 

11.  Letter dated May 9, 2008 from Chairman Brenda Carey to Roy Singer, President, Mid-Florida Archaeological and Historical Society, re:  Museum operations.

 

12.  Letter dated May 9, 2008 from Arthur Evans to Chairman Brenda Carey re:  Museum operations.

 

13.  Letter received May 13, 2008 from LW Rossiour to Chairman Brenda Carey re:  rural area landowners.

 

14.  Letter dated May 13, 2008 from Clerk Maryanne Morse to the Board of County Commissioners re:  Standard and Poor’s assessment and rating of Seminole County’s Investment Portfolio.

 

15.  Letter dated May 13, 2008 from Walter Smith to Chairman Brenda Carey re:  Museum operations.

 

16.  Letter dated May 14, 2008 from Daryl Baker, American Civil Engineering Company, to Property Owner re:  proposed warehouse for MSP Data Systems, Inc.

 

17.  Letter dated May 14, 2008 from Tawny Olore, Rail Transit Project Manager, to Chairman Brenda Carey re:  Notice of Availability – Supplemental Environmental Assessment, Central Florida Commuter Rail Transit Project.

 

18.  Letter received May 14, 2008 from Chris White, President, Villas of Lake Mary HOA, to Jerry McCollum re:  Dorchester Plaza and letter dated April 16, 2008 (attached).

 

19.  Copy of letter dated May 14, 2008 from Tim Brodeur, Chairman, Seminole Soil and Water Conservation District, to Board of County Commissioners re:  Enviro Camp.

 

20.  Letter dated May 14, 2008 from Alton Williams, Evergreen Cemetery, Inc., to Chairman Brenda Carey re:  Museum operations.

 

21.  Letter dated May 14, 2008 from City of Casselberry to Sir or Madam re:  Notification of proposed amendments to the Future Land Use Map designation (LPA 08-09) and Official Zoning Map classification (ZB 08-03).

 

22.  Copy of letter dated May 15, 2008 from Robert Heenan, HUD SHIP Administrator, to Jana Beougher re:  Response to 2007-08 SHIP Program Management Review and Physical Inspection.

 

23.  Letter dated May 15, 2008 from Richard Adicks, Oviedo Historical Society, re:  Museum operations.

 

24.  Letter dated May 16, 2008 from Cindy Crain to Chairman Brenda Carey re:  Museum operations.

 

25.  Letter dated May 16, 2008 from Charlotte Smith to Chairman Brenda Carey re:  Museum operations.

 

26.  Parks and Recreation Contracts for Services, as shown on page _______, for the following:  Gerald Ransom; Delma Rosa; Randy Stephens; Angel O. Marrero; John Marzullo; Angel Clemente; and Richard-John Vazquez.

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Chairman Carey discussed Bevier Road and requests from the Martin Luther King Steering Committee to name a road in Seminole County Martin Luther King Boulevard.  She said she and County Engineer Jerry McCollum met with the Steering Committee on April 9 along with four Sanford City Commissioners and they had a long discussion about possibilities and requests made before.  She said currently Airport Boulevard, Bevier Road and Country Club all come together at a light at Airport Boulevard which continues on to the airport.  They talked about renaming that section of Bevier Road to Martin Luther King Boulevard.  There was discussion at the meeting to see the name go further out, but 9-1-1 Addressing staff had a problem with that because they don’t want to have the name changing and changing back.  After a second meeting with the Committee, they have requested the County Commission rename Bevier Road to Martin Luther King Boulevard.  If it is the pleasure of the Board to consider this request, she would like to schedule that on the June 10 agenda as a public hearing item. 

     The Board gave consensus to schedule the request for a public hearing at the June 10, BCC meeting.  Chairman Carey said all the property owners along the road will be notified immediately.

     Upon inquiry by Mr. McMillan whether this is to be a public hearing or not, Chairman Carey said to follow the standard procedure for renaming a road.

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     Chairman Carey said on Friday, May 30, she will attend the Congress of Regional Leaders and stated if anyone has any issues to be brought up to let her know prior to that date.

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     Chairman Carey said the city of Sanford will hold a parade on Memorial Day at 10:00 a.m. followed by a tribute at the Veterans Memorial Park.  She invited all the Commissioners to come out and celebrate the holiday.

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     Commissioner McLean stated recently on May 8 he and Commissioner Dallari participated in a ribbon cutting ceremony at the County landfill in Geneva marking the harmful gas to energy plant program that Environmental Services was involved in.  This was very impressive and is another example of Seminole County “thinking outside the box.”  He congratulated the Environmental Services employees.

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     Commissioner McLean stated he attended CALNO this month at the city of Oviedo.  There was a presentation from high school seniors throughout Seminole County public schools embarking on a class project to recycle materials found at various high schools.  They are putting together a resolution asking for support from all the municipalities in the County as well as Seminole County public schools.  He has sent this information to Ms. Coto and he hopes they will have the opportunity to consider that resolution at a future meeting.  Also, the Oviedo CRA was mentioned at the CALNO meeting, and he is sure the BCC will deal with that issue in the coming days.

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     Commissioner McLean advised he had the pleasure recently of presenting scholarship awards at Lake Mary High School and Winter Springs High School for the Rotary Club and Lake Mary/Heathrow Festival of Arts. 

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     Commissioner McLean stated he also had the pleasure of speaking to the last three classes of the gifted program at South Seminole Middle School in Casselberry.  The discussion was about government and how it impacted them. 

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     Commissioner Van Der Weide stated he attended the Bear Lake Preservation Association Board meeting last week and they had some issues to talk to him about.  He said the County staff has been working with the residents for some time relative to their drainage and clear water, and they have to congratulate the people because they have been monitoring the lake for as long as he can remember.  That is probably the cleanest lake in Seminole County.  One issue they had is that they think it should be mandatory for new homes on the lake to have swales to protect them from the lake.  He told the residents he would find out if this is something the County is doing.  The residents feel this will be an improvement to the water quality and keep the fertilizers from running off into the lake. 

     Chairman Carey said as part of the Land Development Code, one of the things that’s changed in the EAR amendments is the ability to landscape down close to the waterways.

     Commissioner Van Der Weide stated the residents are saying the fertilizer runs off from the grass also into the lake.

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     Commissioner Van Der Weide stated he also attended the Florida Zoo Board meeting and they are very well aware of and appreciate their share of the tourist tax money and are hoping to continue to be a recipient of that.

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     Commissioner Dallari asked Ms. Coto about the jail expansion that was approved about three years ago.  He asked for the status on that and when can they anticipate breaking ground.  He said in today’s market, it would be advantageous to try to get that done as soon as possible while there is a downturn in the economy, instead of waiting until there is an upturn in the economy.

     Ms. Coto advised the GMP (guaranteed maximum price) will be presented to the Board on June 10, 2008 (the next meeting).

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     Commissioner Dallari asked if Ms. Coto will still be able to provide the Board with a list of the unfunded mandates. 

     Ms. Coto said she believes staff is still working on the list and more items continue to be added.  Staff wants to be sure they have accurate information.

      Mr. McMillan noted that staff will have to add the VAB from this week.

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     Commissioner Dallari said in going through the budget information held earlier this month, he noticed they talked about boat ramps and passive parks.  He knows they are building a boat ramp on Lake Howell.  He would like to discuss with the Commission the potential of removing that boat ramp since they are reducing the budget. 

     Chairman Carey said she recalls this was part of a stormwater retention project that the boat ramp was attached to.  She said there has never been public access to Lake Howell before and she would not want to set a precedent with that and, in light of the budget situation, she thinks that is an excellent idea. 

     Commissioner Henley asked if that is being built out of funds that are designated by the State for that purpose.

     Ms. Coto said if this is the Board’s desire, she would have to go to the St. Johns River Water Management District and ask to be released from that commitment and insure that funding for the stormwater portion was still in tact.  Discussion ensued.

     Commissioner Dallari said the boat ramp would not be General Fund dollars, but the maintenance for the passive park would be.

     Ms. Coto said there is not an exact dollar amount budgeted for that.  Once it was constructed, it would be one of the sites to be added to the ongoing maintenance program, as it is not currently in the budget.

     Upon inquiry by Commissioner Henley as to what the Board is trying to prevent, Commissioner Dallari said he is trying to prevent the increase in funds from the general budget. 

     Commissioner Henley said he would like to see what the figure is to be able to determine if the value to the citizens is greater than the amount of money to maintain the park.

     Ms. Coto explained that this would be an additional site to maintain.  She can’t tell the Board a dollar figure.  She said she told Mr. Abel that if this is built, he would have to absorb the cost.

     Chairman Carey asked if the Board’s consensus is to have staff officially request from the St. Johns River Water Management District the removal of the boat ramp to see what that will do to the funding.  She explained this site was the Tennyson property acquired for a stormwater pond, and the public purpose was not a boat ramp. 

     Commissioner Henley noted this is not a private lake.

     Commissioner Dallari said he wants staff to provide the cost of what it would take to maintain it.

     Commissioner Van Der Weide commented about the lakes in the County and whether they are private or not.  He stated there are a lot of private lakes and the County is not doing a lot with any of them.  He said, frankly, the lakefront owners would be “up in arms” if the lakes were opened up to the public. 

     Chairman Carey stated that because this lake is on the St. Johns River Water Management District’s permit, she thinks the first thing they need to do is confirm that the Water Management District will give the County the funding if they take the boat ramp out. 

     Commissioner Henley said he thinks the vote to remove the boat ramp should be a separate question.  He said he has lived on a lake for 34 years and he is familiar with how landowners feel, but the lake he lived on also had public access and the homeowners association does not have the right to prevent anyone else from coming to it except coming onto private property.  If there is a public access, he doesn’t want to be a party to closing it down, because of someone who owns property on the lake doesn’t want it to happen.  If the request is to remove the boat ramp and not make a decision at this point to not build a boat ramp until they get information about what they anticipate the cost would be, that would be two separate things to him.

     Commissioner Dallari said that would be his interpretation; that it’s two separate issues.

     The consensus of the Board was to ask the St. Johns River Water Management District if they will continue to fund the project if the boat ramp is removed.

     Whereupon, Chairman Carey directed staff to request from St. Johns what the status would be if the boat ramp were removed.  She asked Ms. Coto to get the information as to what it would cost to build the boat ramp.  She said she understands that the stormwater retention facility that could have been built was reduced in size to accommodate the park when a bigger facility could be built.  She asked staff if that is correct.

     Gary Johnson, Public Works Director, addressed the Board to state that absent the boat ramp and road to the parking area, there would be more land available to be devoted to the stormwater purpose of water quality and quantity treatment.  He further advised Commissioner Henley that there is sufficient area for stormwater if the Board decides to go with the boat ramp.

     Chairman Carey reiterated step one is to make the formal request and asked if Mr. Coto would report back with all of the construction cost for everything it would take to do that--for the boat ramp and for the additional stormwater.

     Mr. Johnson said he recollects from the initial conversation with the St. Johns District that their view of how that would occur would be an amended agreement would be forwarded to them from Seminole County for the consideration of removing those items.  He said he can present to the Board an amended agreement for their consideration when they bring the costs back.

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     Commissioner Henley reported that he had a private meeting with Tawny Olore on commuter rail and she also indicated that they are moving along as if nothing happened because the Legislature did approve the funds.  They are moving to continue to complete their previous efforts and to get the study back that was required by the Federal Transit Association regarding the route, particularly around the Lakeland area.  He said everything came out positive in the report. 

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     Commissioner Henley stated he has received several inquiries from people who are very concerned about the fact the Legislature did not approve the provision dealing with sovereign immunity in the insurance aspect.  They want to know what’s going to happen now.  He said he thinks it’s important for the public to understand that the County, all the partners, FDOT, and the FEDS are still committed.  They’re looking forward to proceed as if nothing has occurred.

COUNTY MANAGER’S REPORT, Continued

     Ms. Coto stated Congressman Feeney’s office contacted her this week and when she and the Chairman met with some of the staff members, they indicated the desire to come look at some of the County’s funding requests.  His office has requested she try to make some arrangements for May 27.  Ms. O’Bryan has been coordinating that.  The primary interests he’s looking at are the airport and SR46. 

     Chairman Carey asked that Ms. O’Bryan coordinate that with her because she notified Mr. Dale that Senator Nelson would probably look for some type of tour.  Ms. Coto advised that she was told a ground tour is preferred by Congressman Feeney.

COUNTY ATTORNEY’S REPORT, Continued

     Mr. McMillan stated as he e-mailed the Commissioners, and they probably read in the newspaper regarding the last Board meeting when the Board authorized a public hearing on the reduction of Commissioners’ salary issue, upon researching it, he found the Commissioners cannot lower their own salaries by ordinance.

     Commissioner Henley stated he thinks it is appropriate to rescind that previous motion.

     Motion by Commissioner Henley, seconded by Commissioner McLean, to rescind the motion of May 6, 2008, to authorize staff to advertise a public hearing regarding the reduction of salaries for the County Commissioners by ordinance.

     Under discussion, Commissioner Van Der Weide stated he is not going to be against this motion, but he is not going to vote for it.  He said he will continue to make his commitment to a pay cut and he will contribute it to charity.

     Chairman Carey said it will be up to each Commissioner to do what they want to do, and she doesn’t expect the Commissioners to address that this afternoon. 

     Districts 1, 2, 4 and 5 voted AYE.

     Commissioner Van Der Weide voted NAY.

ITEMS FOR FUTURE AGENDA - CITIZENS

     Don Epps, 144 Peacock Drive, representing the Historical Commission, addressed the Board and provided for distribution to the Board copies of Statute 125.0104 regarding Tourism Development and County Code 245 (copy received and filed).  He introduced members of the Historical Commission in attendance as follows:  Jim Jernigan, Lillian Griffin and John Richardson; and Cecil Tucker, Chairman of the Historical Society.    Mr. Epps said the Museum of Seminole County History has been making great strides for the last number of years and they are asking the Board, as they look at the budget hearings and consider what they have to say this afternoon, to look at the bigger picture.  He said up to this point, the Museum has given customer service to the citizens of this County, the BCC and citizens visiting outside this State to be able to do research on family projects and a lot of different things as they continue to glean the history of this County.  He stated they just lost one of their great citizens, Mr. Tucker’s mother who was 101, and Mr. Tucker is a seventh generation Floridian.  He stated their emphasis today is they appreciate the fact the Board has allotted 20 hours a week for the Museum to be open, but they are pushing for the one full-time equivalent.  He said they can’t underestimate what this means to this County and to continue to glean the history that is here while they have time. 

     Cecil Tucker, 23300 Ft. Christmas Road, Christmas, addressed the Board to state he still has business interest in Seminole County.  He said Seminole County, located as the gateway to Central and South Florida, is in a very historic position.  He thinks this County has more important history to be preserved than any other county in Central Florida.  He said they have made great strides in recording their history and they want to impress upon the Board the need of keeping the program going that is about the rehabbing of the historical markers scattered throughout the County.  He said they can’t keep the program with part-time personnel; they need people involved that know the program and can keep it going and moving.  He encouraged the Board to move as rapidly as possible toward finding the means somehow to keep this program going with at least a full-time position so they don’t lose ground with what they have already gotten.  He said the program is very important for the County and the people of the County.  He stated they just lost in the County one of the old time farmers, Mr. Meriwether.  They are beginning to be very few and far between, and they need to not lose the history they can get from them and others now while they can.  He asked the Board to help them find a way to keep the Museum open.

     Chairman Carey thanked Mr. Tucker and Mr. Epps for their comments and said the Board understands about how strongly they feel about the Historical Museum and she hopes they understand the situation the Commissioners are in by actions of the Legislature and others as to what the budget constraints are going to be.  She said the Board will take this up again at budget time and she is sure she’ll see them again.

     Speaker Request Form for Mr. Epps was received and filed.

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     Robert King, 2211 Black Hammock, addressed the Board to state he has nothing new to report about the noise and nuisance enforcement.  Since he has not heard from anybody at all, he feels it’s important to remind everyone that the noise problem continues to occur at his house.  He said he still wants to meet with the local office of the Sheriff to work out the procedure and expectations of the noise complaints.  He’s still at the next step where he was five or six weeks ago.  He’s here today to remind the Board that time is passing by and he’s still where he was.

     Chairman Carey stated she is sure the Sheriff’s Office is doing what they can to get the meeting with Mr. King scheduled.

     Speaker Request Form for Mr. King was received and filed.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:50 p.m., this same date.

 

ATTEST:______________________ Clerk_____________________Chairman

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