BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

MAY 23, 2006

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, May 23, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2) (Late)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Brenda Carey (District 5)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Pastor J. Earl Welch, Pinecrest Baptist Church, Sanford, gave the Invocation. 

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

AWARDS & PRESENTATIONS

     Commissioner Morris entered the meeting at this time. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-116, as shown on page _______, commending Jimmie R. Brown, Lead Inspector, Roads/Stormwater Division, Public Works, for his 30 years of service to Seminole County and its citizens upon his retirement. 

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

     The Resolution was presented to Jimmy Beach, who accepted on Mr. Brown’s behalf. 


 

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     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-117, as shown on page _______, proclaiming Thursday, May 25, 2006 as “National Missing Children’s Day”. 

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

     The Resolution was presented to Nina Thompson, Executive Director, Missing Children Center, Inc. 

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     Steve Watts, Public Safety Division Manager, addressed the Board to advise Seminole County has been certified as a “Storm Ready Community” by the National Weather Service (NWS).  He introduced Dennis Decker, Meteorologist-In-Charge of the Melbourne NWS Forecast Office. 

     Dennis Decker addressed the Board to advise in 2001 Seminole County became one of the first counties in the State of Florida to be recognized as a “Storm Ready Community”.  He further advised the County reapplied and has been recertified.  He presented Chairman Henley with the award recognizing Seminole County as a “Storm Ready Community”. 

     Chairman Henley expressed the Board’s appreciation. 

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     Joe Montisano, CEO of the Central Florida Zoo, addressed the Board to give a PowerPoint presentation (not submitted for the Record) on the progress the Zoo has made.  He discussed the new construction of the Wayne Densch Center; the opening of new exhibits, the refurbishing of old exhibits, and future plans and activities.  He expressed his thanks to the Board for all their support. 

     Chairman Henley stated the Board appreciates the effort of the Zoo obtaining private sector funds for their expansion. 

PUBLIC HEARINGS

     County Manager, Cindy Coto, advised that Commissioner Van Der Weide has requested Item #48, rezoning request from Associated Design & Construction, be continued to June 13, 2006.  The Board voiced no objections to same. 

COUNTY MANAGER’S CONSENT AGENDA

     Consent Agenda Items #5 through #31 were presented for action. 

     At the request of Commissioner Morris, Community Resources Manager, David Medley, addressed the Board to discuss Item #7, 2006/2007 One-Year Action Plan of the 2005-2009 Five-Year Consolidated Plan (City of Sanford/Goldsboro & Georgetown sidewalks).  Commissioner Morris stated he does not remember the Board allocating over half of the One Cent Sales Tax to this area. 

     Dr. Medley advised staff will be having discussions with Sanford about the possibility of the City reimbursing these dollars from the Sidewalk Fund. 

     Commissioner Morris advised the City already has not honored another repayment plan. 

     Commissioner Carey stated she brought up this same issue with staff and that is why they are going to talk to the City about reimbursement. 

     Upon inquiry by Chairman Henley, County Attorney, Robert McMillan, advised the request before the Board at this time is for advertising and adjustments can be made at a later date. 

     Commissioner Morris requested to see a report on the sidewalk allocation. 

     County Engineer, Jerry McCollum, addressed the Board to clarify that the County has not spent what the backup information indicates on the City of Sanford. 

     Commissioner Carey said the other two items she has concerns about are the Clearance Program and the small amount of money earmarked for medical assistance. 

     Dr. Medley stated that they are going to be doing an evaluation of the programs to make sure they are carried out in a timely manner and will report back to the Board.

     Upon inquiry by Commissioner Morris, Rob Heenan, CDBG, addressed the Board to advise he anticipates between $100,000 and $200,000 will roll over from the 2006 program.  Commissioner Morris requested a briefing from staff on how the program was modified from last year. 

     Dr. Medley advised they will be coming back to the Board the second meeting in July so there will be an opportunity for changes to be made to the program. 

     Motion by Commissioner Carey, seconded by Commissioner Morris to approve and authorize the following: 

Community Services

 5.  Approve and authorize Chairman to execute the Interagency Confidentiality Agreement, as shown on page _______, with the Department of Juvenile Justice, State of Florida.

Community Assistance

 6.  Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Yvonne D. Clinton, Virginia Hall & Evelyn Alexander, Shannon J. Maurent & David Alvarado, Loliesa Janine Redden, Terri Lee Walter, and Joycelyn Michelle Wright. 

 7.  Approve the Community Assistance staff to publish the proposed list of activities for the 2006-2007 One-Year Action Plan of the 2005-2009 Five-Year Consolidated Plan for a 30-day public comment period, prior to final approval by the BCC. 

 8.  Approve and authorize Chairman to sign a Letter, as shown on page ________, of support for the Seminole County Substance Abuse Coalition grant application. 

 

Environmental Services

Business Office

 9.  Approve release of original Water and Sewer Maintenance Bond for Ashford Park f/k/a Trinity Townhomes. 

10.  Approve and authorize Chairman to execute Exhibit “G” to the Conditional Utility Agreement, as shown on page _______, for water service with Lakeview at Heathrow LLC for over sizing/extending offsite reclaimed water facilities to Lakeview at Heathrow Development. 

 

Fiscal Services

Budget

11.  Adoption of appropriate Budget Amendment Resolution #2006-R-118, as shown on page _______, (BAR #06-59) in the amount of $13,300,159 – Environmental Services – Water and Sewer Fund.  To realign Water and Sewer capital projects consistent with recommendations from the Water and Sewer System Program Management Consultant.

12.  Adoption of appropriate Budget Amendment Resolution #2006-R-119 as shown on page _______, (BAR #06-61) in the amount of $6,322,349 – Various Funds. To appropriate additional requests from May 9, 2006 as detailed.

13.  BCR #06-19 in the amount of $1,000,000 – Public Works – Roads/Stormwater – Stormwater Fund.  Accounting adjustment to transfer funds from the main Subdivision Retrofit project to individual project numbers.  The following new projects are anticipated to be completed by September 2006; Tuska Ridge pipe lining ($300,000); Sunland Estates pipe lining ($175,000); English Estates/Highland Pines pipe lining ($175,000); Mirror Lake & Beverly Terrace pipe lining ($200,000); Chuluota swale and sidewalk ($100,000 design only); except for Chuluota swale & sidewalk construction which will be constructed in FY 2006/07.  Accounting adjustment to transfer funds for preliminary project analysis and prioritizing from Construction in Progress account to Construction and Design account ($50,000).

Grants Administration

14.  Approve and authorize Chairman to execute the Memorandums of Agreement, as shown on page _______, between the Florida Department of Agriculture and Consumer Services, and Seminole County in acceptance of the Hurricane Recovery Urban and Community Forestry Grant. 

15.  Approve and authorize Chairman to execute the Modification to the Florida Interoperability Network Subgrant Agreement, as shown on page _______, between the Florida Department of Management Services and Seminole County.

 

 

MSBU

16.  Approve and authorize the Chairman to execute the Satisfactions of Lien, as shown on page _______, for  the Oak Park/Belle Meade Wall Reconstruction MSBU as follows:  Mary J. Grooten, David W. Rogers & Sheril A. Wilson, Sergio & Judy Bernardi, Ramon & Evelyn Cordero, Janet Parker, Edward & Celeste Mackenzie, Thomas P. & Hyla J. Abelmann, Darla S. Sparrow, Trustee. 

Purchasing

17.  Approve Amendment #3, as shown on page _______, to PS-5120-02/BJC – General Engineering Consultant Services to Support Seminole County Public Works Department Agreement – PBS&J of Orlando.

18.  Approve Mutual Termination, as shown on page _______, for RFP-4228-04/GMG – Term Contract for Gasoline and Diesel Fuel Purchase, with Mansfield Oil Company, Gainesville, Georgia.

Information Technologies

Telecommunications

19.  Authorize the use of Special Counsel Services to assist in negotiating the 800 MHz frequency Rebanding/Reconfiguration initiative required by the FCC; Retainer Agreement, as shown on page _______, with Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 

 

Library & Leisure Services

20.  Approve and authorize Chairman to execute Service Agreements, as shown on page _______, with various contractors to provide children’s programs (The CARE Foundation, Central Florida Zoo, Nifty Puppets, and Fooltales) at the branch libraries as part of the Summer Reading Program. 

21.  Approve and authorize Chairman to execute Agreement, as shown on page _______, with Central Florida Amateur Softball Association, Inc., (CFASA) regarding softball league and tournament play in Seminole County Parks.

 

Planning & Development

Community Resources

22.  Adopt appropriate Resolution #2006-R-120, as shown on page _______, to rename Sunny-Side Avenue to Sunnyside Avenue to avoid confusion and delays in emergency response.

23.  Adopt appropriate Resolution #2006-R-121, as shown on page _______, naming an unnamed roadway to East Lake Mary Boulevard. 

Development Review

24.  Adopt appropriate Resolution #2006-R-122, as shown on page _______, to vacate and abandon a portion of a platted utility easement on Lot 28, Wekiva Club Estates, to cure an encroachment of a pool deck in the utility easement (Sally and Bill Clark). 

25.  Adopt appropriate Resolution #2006-R-123, as shown on page _______, to vacate and abandon a portion of a platted utility easement on Lots 1 and 2, Orange Blossom Business Center (Ricky and Bonnie Seay). 

26.  Authorize the release of Estates at Wekiva Park Phase 1, and Estates at Wekiva Park (Malakean Trail) Maintenance Agreements and Irrevocable Letters of Credit for road improvements. 

 

Public Safety

27.  Adopt appropriate Resolution #2006-R-124, as shown on page _______, allowing for charges for emergency and non-emergency transport services to be automatically adjusted to coincide with the maximum Medicare approved rate(s). 

 

Public Works

Engineering

28.  Adopt appropriate Resolution #2006-R-125, as shown on page _______, accepting a Warranty Deed, as shown on page _______, for property necessary for the construction of a sidewalk adjacent to Lake Markham Road (a/k/a Kelz Road). 

29.  Approve and authorize Chairman to execute an extension to the Contract Agreement, as shown on page _______, between St. Johns River Water Management District and Seminole County for the Sweetwater Cove Tributary to the Wekiva River: Sediment Control project. 

 

Tourism Development

30.  Approve and authorize Chairman to execute an Agreement, as shown on page _______, between Seminole County and Orlando-Cocoa ISA in the amount of $14,000 for the 2007 ISA Softball Championship.

31.  Approve and authorize Chairman to execute an Agreement, as shown on page _______, between Seminole County and the City of Sanford in the amount of $5,000.00 for the Golden Age Games.

 

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

32.  Approve proposed negotiated settlement relating to Parcel Numbers 113/713, Garcia property, on the Bunnell Road improvement project, in the amount of $62,447.75 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, total statutory fees, expert fees and cost reimbursements. 

33.  Approve proposed negotiated settlement relating to Parcel Number 115, Murray property, on the Bunnell Road improvement project, in the amount of $58,147.67 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, total statutory attorney’s fees, expert fees and cost reimbursements. 

34.  Approve proposed negotiated settlement relating to Parcel Number 114, Sanville property, on the Bunnell Road improvement project, in the amount of $63,076.00 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, total statutory attorney’s fees, expert fees and cost reimbursements. 

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk’s Office

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

35.  Expenditure Approval Lists, as shown on page _______, dated April 24 & May 1, 2006; and Payroll Approval List, as shown on page _______, dated April 20, 2006. 

 

36.  BCC Official Minutes dated April 25, 2006

 

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

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

 1.  Warranty Deed, as shown on page _______, for Sidney Vihlen and Partial Release of Mortgage for Sun Bank, N.A., relative to New Upsala.

 

 2.  Partial Release of Lien, as shown on page _______, for Florida Dept. of Environmental Protection relating to MM Smith’s Second Subdivision.

 

 3.  Warranty Deed and Marriage Affidavit, as shown on page _______, for Bobby & Janet Garner relating to MM Smith’s Second Subdivision.

 

 4.  Warranty Deed, as shown on page ________, for Travidian Investment Group, Inc. relating to MM Smith’s Second Subdivision.

 

 5.  Letter to Maryanne Morse, Clerk of Circuit Court, from Hospice of the Comforter regarding contribution of $3,741.

 

 6.  Letter to Maryanne Morse, Clerk of Circuit Court, from Sarah Mirus, City Clerk, City of Longwood, submitting ordinances relating to annexation.

 

 7.  Memorandum to Sharon Peters, County Manager’s Office, from William McDermott, Economic Development Director, re:  Outstanding BCC Document for Florida Extruders International.

 

 8.  Art Exhibition Agreement, as shown on page _______, with Jim Becker.

 

 9.  Second Corrected Utility Easement/Lift Station Agreement, as shown on page ________, with Seminole County School Board.

 

10.  IFB-3133-06 Contracts, as shown on page _______, for Purchase of Sheeting and Lettering Materials for Traffic Signs with Avery Dennison and 3M Company.

 

11.  RFP-4265-06 Contract, as shown on page _______, for Landscaping Maintenance Services with Ott Landscape Maintenance, Inc.

 

12.  Assignment, as shown on page ________, of Solid Waste and Recycling Services for County Facilities Term Agreement IFB-3090-04 with Onyx Waste Services Southeast, Inc.

 

13.  Amendment #1 to M-490-05 Contract, as shown on page _______.

 

14.  Work Order #4, as shown on page _______, to PS-5127-02.

 

15.  Work Order #51, as shown on page _______, to PS-5130-02.

 

16.  Amendment #1, as shown on page _______, to Work Order #11 to PS-5144-03.

 

17.  Work Order #5, as shown on page _______, to RFP-4108-01.

 

18.  Work Order #44, as shown on page _______, to PS-5130-02.

 

19.  Amendment #1, as shown on page _______, to Work Order #12 to CC-1188-02.

 

20.  Work Order #16, as show non page _______, to PS-566-00.

 

21.  M-0716-06 Contract, TLC Diversified, Inc., as shown on page _______.

 

22.  Work Order #29, as shown on page _______, to CC-1262-05.

 

23.  Work Order #52, as shown on page _______, to PS-5130-02.

 

24.  Work Order #13, as shown on page _______, to CC-1252-04.

 

25.  Work Order #3, as shown on page _______, to PS-5164-04.

 

26.  M-0920-06 Basic Contract, Real Estate Research Consultants, as shown on page _______.

 

27.  M-0859-06 Basic Contract, R.B. Marks Construction, as shown on page _______.

 

28.  Work Order #48, as shown on page _______, to PS-5150-03.

 

29.  Letter to Seminole County Industrial Development Authority from Daniel Livermore, Jr., Livermore, Freeman & McWilliams, P.A., relating to $67,000 Industrial Development Revenue Bonds, Series 1985.

 

30.  Letter to Maryanne Morse, Clerk of Circuit Court, from William Monroe, Auditor General, submitting Operational Audit of the Florida Bright Future’s Scholarship Program for FY ended June 30, 2005.

 

31.  Letter to Maryanne Morse, Clerk of Circuit Court, from William Monroe, Auditor General, submitting Financial Audit of Seminole Community College for FY ended June 30, 2005.

 

32.  Maintenance Bond, as shown on page ________, in the amount of $1,303.75 for Sonny’s Restaurant at Oviedo Marketplace, and Maintenance Bond #70060329 in the amount of $6,000 for The Gathering Place Worship Center.

 

33.  Bids as follows:  IFB-600030-06 and RFP-600007-06, as shown on page _______.

 

Sheriff’s Office

 

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

38.  Adopt appropriate Budget Amendment Resolution #2006-R-126, as shown on page _______, in the amount of $41,525 from the Bureau of Justice Assistance (BJA) to the Sheriff’s Office budget to underwrite crime and improve public safety. 

39.  Approval by the Board to expend $1,000 from the Law Enforcement Trust Fund to contribute to the Grove Counseling Center in support of its substance abuse programs.

40.  Approval by the Board to expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution to Elizabeth House, Inc. to assist those who are victims of domestic violence.

 

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

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     Discussion ensued between the Board and Chief Penny Fleming of the Sheriff’s Office with regard to the request to purchase a replacement helicopter. 

     Commissioner Carey stated she would propose a lump sum payment and not go through a lease purchase.  She added that would save $200,000.  She also suggested the Sheriff pay back the $1,750,000 over the next four or five years. 

     Chief Fleming addressed the Board to advise the Sheriff’s Office supports the one-time payment. 

     Chairman Henley and Commissioner Morris both agreed that the helicopter should not be financed. 

     Motion by Commissioner Carey, seconded by Commissioner  Van Der Weide to approve Budget Amendment Resolution #2006-R-128, as shown on page _______, in the amount of $1,250,000, Reserve Sheriff’s Contingency - General Fund, transferring same from the Sheriff’s Office Stabilization Reserve Account to the Sheriff’s office Capital Budget for use in the purchase of a replacement helicopter; and direct that the remaining payment of $1,750,000 associated with the acquisition of the new helicopter will be fully funded in FY 2006-2007, with the Sheriff to pay back this money from either the Stabilization Fund or his budget over the next one to two years. 

     Under discussion, Commissioner Dallari asked if Commissioner Carey would remove the one to two year time limit, stating he thinks that detail needs to be worked out.  Whereupon, Commissioner Carey stated she does not have a problem amending her motion and taking out the one or two years because it may take longer than that. 

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


Supervisor of Elections

     Motion by Commissioner Carey, seconded by Commissioner Morris to approve and authorize the Chairman to execute the Certificate Regarding Matching Funds, as shown on page _______, contained within the Memorandum of Agreement for Poll Worker Recruitment and Training Grant between the Florida Department of State and the Seminole County Supervisor of Elections; and adopt appropriate Budget Amendment Resolution #2006-R-127, as shown on page _______, in the amount of $70,252, Poll Worker/Recruitment Fund. 

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

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     The Chairman recessed the meeting at 10:25 a.m., reconvening it at 10:35 a.m. 

REGULAR AGENDA

     Jeffrey Ling, Evergreen Solutions, LLC, addressed the Board to present the Pay & Classification Study Summary.  Copy of PowerPoint slides was received and filed.  He reviewed the following:  new pay structure; implementation cost, implementation method, benefits, and bonuses. 

     Upon inquiry by Commissioner Dallari, Mr. Ling advised they did an analysis on “compression” to determine if individuals had become compressed because of the actions of the County; and they are proposing some adjustments when “compression” has occurred which is not a result of performance.  He further advised that they have determined that 85 positions have been affected by “compression” and of that, there are only 15 or 16 that have resulted from true “compression”. 

     Commissioner Morris questioned how is Human Resources going to identify “compression” and keep it constant from year to year. 

     Mr. Ling said “compression” is a fundamental problem with most organizations and Human Resources is going to have to maintain a system to track the impact. 

     Commissioner Dallari stated true performance evaluations are needed. 

     Chairman Henley suggested that part of “compression” might be minimized if the County changes the way they do merit pay – possibly going to a bonus system. 

     Commissioner Morris pointed out that bonuses would not affect the retirement structure because it is a separate one-time pay.  He suggested modifying the current contract with Mr. Ling and expand it to include a review of the performance and evaluation system, bonus and merit pay, and training. 

     Purchasing Manager, Ray Hooper, addressed the Board to advise Mr. Ling’s contract would need to be amended by the BCC because it is over the 5% threshold. 

     Chairman Henley said he does not believe the County Attorney and County Manager positions should be included in Pay Band F, as they are negotiated contracts.  Mr. Ling agreed to eliminate those positions from Pay Band F. 

     Commissioner Dallari stated he would also like the consultant to review the benefits package. 

     At the request of Chairman Henley, Mr. Ling stated he will share the information regarding other counties with the Board. 

     Commissioner Carey commented that by the time the consultant finishes the additional analysis, the Board will be in their budget cycle and will be able to know the full cost of this. 

     Ms. Coto stated that estimates should be available at that time.  She expressed her concern with the timing of implementing a new performance evaluation system by October 1, 2006. 

     Commissioner Morris proposed bringing back the free holiday turkeys for consideration during the budget sessions. 

     Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt the Pay & Classification Plan; and approve the funding of $3,500,000 for the implementation of solutions for the overall compensation plan effective October 1, 2006. 

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

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to direct staff to negotiate the expansion of the Consultant Contract #RFP-4264-05 with Evergreen Solutions, LLC, to provide performance evaluation, benefits analysis and training. 

     Under discussion, Commissioner Morris requested that when the amended contract comes back for Board approval, that a time line for implementation also be presented.  Commissioner Dallari included Commissioner Morris’s request in the motion. 

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

COUNTY MANAGER’S BRIEFING

     Director of Community Services, Phil Stalvey, addressed the Board to introduce Tom Reimers, Division Director for the State of Florida Department of Elderly Affairs. 

     Tom Reimers addressed the Board to discuss Governor Bush’s statewide initiative for assisting Florida cities and counties in planning and implementing the Communities for a Lifetime.  He said the first wave of the baby boomers will be turning 60 years old in 2006 and cities and counties need to be prepared.  He explained that Communities for a Lifetime use exiting resources and State technical assistance to make crucial civic improvements in such areas as housing, health care, transportation, accessibility business partnerships, community education, efficient use of natural resources, and volunteer opportunities to the betterment of their communities.  He introduced Todd Russell, former City of Oviedo Councilman, advising he championed the Communities for a Lifetime Initiative for the City.  Information packet was received and filed. 

     Todd Russell addressed the Board to advise he and Commissioner Dallari worked to approve this initiative in the City of Oviedo.  He discussed issues such as land use, transportation, health, and education.  He said the City has changed their building code and has worked with the timing of crosswalks. 

     Commissioner Carey and Commissioner Morris briefly discussed the ADA Lynx Transportation service and the lack of municipal funding for same. 

     Commissioner Van Der Weide stated this proposal sounds wonderful.  He expressed his and senior citizens’ concerns that they will be priced out of their homes because of the increase in insurance rates and taxes. 

     Upon inquiry by Commissioner Morris, Public Works Director, Gary Johnson, addressed the Board to advise they are in the process of acquiring the necessary equipment for the timing of the crosswalks.  He said he will obtain additional information and report back to the Board on this. 

     Upon inquiry by Commissioner Carey, Mr. Reimers advised his office will assist County staff in doing their evaluation of the County. 

     Commissioner Carey suggested establishing a County committee on elderly affairs. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to eHdirect staff to do the necessary work on establishing a committee on elderly affairs, with same to be brought back to the Board for approval; and to direct that the proposed resolution proclaiming Seminole County as a Communities for a Lifetime partner be also brought back for adoption. 

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

     Upon inquiry by Commissioner Carey, Mr. Reimers advised it would take at least six months for a full evaluation. 

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     The Chairman recessed the meeting at 11:29 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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


PUBLIC HEARINGS

APPEAL BOA/MENZEL, Continued

     Continuation of a public hearing from May 9, 2006, to consider the Board of Adjustment’s decision to deny a fence height variance from 6 feet 6 inches to 8 feet for an existing fence, at 3538 Shirley Drive, in the R-1AA (Single-Family Dwelling District), as described in the proof of publication, Christine Menzel.

     Ian Sikonia, Planner, addressed the Board to present the request.  He stated the applicant submitted last week a petition (not received and filed) signed by the neighbors who have no objections to the 8 foot tall fence.

     District Commissioner Van Der Weide advised his Aide made phone calls to some of the neighbors and found that some are renters and some of the phones have been disconnected.  He said there is still a lot of confusion on this.

     No one spoke in support or in opposition.

     Commissioner Van Der Weide said when he continued this item, he thought they could get this all worked out and all the neighbors would be communicating, but it seems that is not the case.  There is still some opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to uphold the Board of Adjustment’s decision to deny a fence height variance from 6 feet 6 inches to 8 feet for an existing fence, at 3538 Shirley Drive, in the R-1AA (Single-Family Dwelling District); as described in the proof of publication, Christine Menzel.

     Chairman Henley stated staff originally recommended the BCC deny the request.  Also, the fence was put up without a permit and the P&Z did not consider this a hardship.

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

REZONE BIG BOYS STORAGE/YVONNE CALDER

AND RANDY THOMPSON

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning 2.25 +/- acres from A-1 (Agriculture) to C-3 (General Commercial & Wholesale) located on the north side of Mikler Road, 850 feet west of SR 426; Yvonne Calder & Randy Thompson, received and filed.

     Mr. Sikonia presented the request, stating the P&Z approved the request by a vote of five to two.  Staff concurs and recommends approval of the C-3 District.

     Upon inquiry by Commissioner Carey on the plans for buffering, Mr. Sikonia advised the site plan is not required for a straight rezoning, but he thinks the applicant is willing to do some buffering.  That issue would be addressed at the site plan review.

     Commissioner Morris stated he could not support this motion unless he could get some proper plans on this.  He said Commissioner Carey was correct with her statements about protecting what can be seen from the Beltway.  He said he doesn’t know to what extent 417 is elevated in this area, but that alteration could easily be done. 

     Commissioner Carey said if the applicant is trying to make this area first class, then have outdoor storage that has no visual protection. 

     Randy Thompson, applicant, addressed the Board to state he is planning to do some landscaping, especially in front along Mikler Road.  On each side of the property, it is tree-lined and they are not planning on removing the tree line on the edge of the property.  He explained the road elevation of 417 and said there is no section at this time that can be seen.

     Upon inquiry by Chairman Henley, Mr. Thompson said it was only mentioned to him about an hour ago about requesting PCD zoning.

     Commissioner Morris said with the application for C-3 zoning, the Board could arbitrarily approve PCD and lay down some parameters.

     Mr. Thompson advised Commissioner Carey that he is going to have open storage of boats, trailers and RV’s.  There will be no physical structure within the fenced area.

     Upon inquiry by Chairman Henley about spillage and leakage from the boats, Mr. Thompson said that is possible and he will monitor that as closely as he can.  He said if he sees that, he would tell the owner to take care of it or remove the boat. 

     Mr. Thompson said there are several other storage facilities like this in the area already.

     Commissioner Morris stated there is clearly a need for off-street parking.  He said when there is a rezoning the applicant’s intent is one thing, but the land has other uses apart from that intent.  These uses go with the land.  The PCD zoning allows for some restrictions that would probably monitor fairly closely what Mr. Thompson wants to do.

     No one spoke in support or in opposition.

     District Commissioner Dallari said when it comes to this type use, he can see that in this area; but as Commissioner Morris stated, the zoning goes with the land and not the property owner.  He believes this should have some type PCD zoning so the concerns expressed would be addressed. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to continue request to rezone 2.25 acres from A-1 to C-3 located on the north side of Mikler Road, 850 feet west of SR 426, as described in the proof of publication, Yvonne Calder & Randy Thompson, until the fourth Tuesday in July in order to properly address the compatibility for PCD zoning and if there are additional costs for advertising, the applicant should not be responsible for that.

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

REZONE FROM OP TO OP/FRANK RICCI

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning 0.98 +/- acres from OP (Office District) to OP (Office District) located at 357 Wekiva Springs Road, on the west side of Wekiva Springs Road and north of Springs Plaza, Frank Ricci, received and filed.

     Michael Rumer, Senior Planner, addressed the Board to present the request, stating the P&Z unanimously recommended approval. 

     District Commissioner Van Der Weide stated Mr. Ricci is trying to change the zoning to have a two-story building, and there are neighbors who have already converted to two-story buildings.  He said Mr. Ricci is really not asking for a whole lot compared to what’s already there.

     Upon inquiry by Commissioner Carey, Mr. Rumer advised there is no recorded joint access easement on the property to the north, but the new site plan shows it and there will be a cross access easement recorded after this process.  Further, he advised he did not know if there was a cross access easement on the property next to the subject property. 

     Frank Ricci, representing the property owner, addressed the Board to state there is an existing driveway between the two properties that will remain.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve and authorize the Chairman to enact Ordinance #2006-29, as shown on page _______, to rezone 0.98 +/- acres from OP (Office District) to OP (Office District), located at 347 Wekiva Springs Road, on the west side of Wekiva Springs Road and north of Springs Plaza, based on staff’s findings; as described in the proof of publication, Frank Ricci, and approval of Development Order, as shown on page _______.

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

REZONE FROM OP TO PCD/ASSOCIATED

DESIGN & CONSTRUCTION

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning 4.5 +/- acres from OP (Office) to PCD (Planned Commercial Development) located on the west side of Wekiva Springs Road and the east side of E. Lake Brantley Drive subject to the Preliminary Site Plan and Development Order, Associated Design & Construction, received and filed.

     Chairman Henley advised that District Commissioner Van Der Weide has requested to continue this item.

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

     Mr. McMillan advised the next BCC meeting is June 13, 2006.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to continue to June 13, 2006, the request to rezone 4.5 +/- acres from OP (Office) to PCD (Planned Commercial Development) located on the west side of Wekiva Springs Road and the east side of E. Lake Brantley Drive, as described in the proof of publication, Associated Design & Construction.

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

MAGNOLIA CORPORATE CENTER REZONE/JACK REYNOLDS,

AMERICAN CIVIL ENGINEERING CO.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning 4.89 +/- acres located at 2542 W. SR 426 from R-1 (Single-Family Dwelling) to PCD (Planned Commercial Development), Jack Reynolds/American Civil Engineering Co., received and filed.

     Tina Williamson, Principal Coordinator, addressed the Board to advise staff recommends approval of the rezoning subject to the Preliminary Site Plan and Development Order.  She said the P&Z voted unanimously to recommend approval of the rezoning.

     Upon inquiry by Commissioner Dallari, Ms. Williamson showed on the site plan the location of the trail in front of the property.  She advised Commissioner Carey that it was not discussed with this request if any parking spaces would be designated for the trail.  She said the Public Works office did not require that during DRC.

     John Reynolds, American Civil Engineering Co., addressed the Board and introduced Tom Ransami, property owner & developer.  Mr. Reynolds said they agree with the staff comments.  He advised they have provided a cross access easement, as requested by the County, to the parcel of property that is south of theirs (Glover property), which is a parcel they do not have control over.

     Howard Glover, adjacent property owner, addressed the Board to state he will have access through the subject property in the future and he wants to make sure he is guaranteed access without any restrictions.

     Commissioner Carey stated the access will be recorded.  Chairman Henley assured Mr. Glover that he has been protected; the access is part of the record and will go with the land.

     Steve Radcliffe, East Chapman Road, property owner to the west of the subject property, addressed the Board to state he supports the rezoning and site plan.  He voiced his concern about the stormwater outflow in the area, because he is at the lower end.

     Chairman Henley stated that will be taken care of at engineering plan review.

     No one else spoke in support or in opposition.

     Commissioner Morris left the meeting room at this time.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve and authorize the Chairman to enact Ordinance #2006-30, as shown on page _______, rezoning 4.89 +/- acres located at 2542 W. SR 426 from R-1 (Single-Family Dwelling) to PCD (Planned Commercial Development), subject to the Preliminary Site Plan and Development Order, as shown on page _______; as described in the proof of publication, Jack Reynolds/American Civil Engineering Co., based on staff findings.

     Districts 1, 3, 4 and 5 voted AYE.

NW OREGON PUD MAJOR AMENDMENT

SHUTTS & BOWEN, LLP

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approving the NW Oregon PUD Major Amendment, Second Revised and Restated Developer’s Commitment Agreement and Revised Final Master Plan for property located on the northwest corner of the intersection of SR 46 and N. Oregon Street, known as the NW Oregon PUD, Shutts & Bowen, LLP, received and filed.

     Ms. Williamson stated staff is recommending approval of the PUD Major Amendment, Developer’s Commitment Agreement and Final Master Plan and the P&Z voted unanimously to recommend approval.

     Commissioner Carey stated she wants to make sure if this all comes in as retail that there be adequate parking for the square footage.

     Ms. Williamson said the applicant will have to demonstrate that at the time of site plan approval. 

     Commissioner Morris reentered the meeting at this time.

     Robin Drage, Shutts & Bowen, representing the applicant, addressed the Board to answer any questions.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the Major Amendment, thereby, enacting Ordinance #2006-31 rezoning to PUD, as shown on page _______; approve the Second Revised and Restated Developer’s Commitment Agreement, as shown on page _______; and approve the Revised Final Master Plan for property located on the northwest corner of the intersection of SR 46 and N. Oregon Street, known as the NW Oregon PUD, subject to the Second Revised and Restated Developer’s Commitment Agreement; as described in the proof of publication, Shutts & Bowen, LLP.

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

SEMINOLE BUSINESS CENTER II

REZONE/WILLIAM E. BURKETT,

BURKETT ENGINEERING, INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approving a request to rezone 7.77 +/- acres located between SR 46 and Narcissus Avenue, 0.16 +/- miles east of Monroe Road, from A-1 (Agriculture) to PCD (Planned Commercial Development), William E. Burkett/Burkett Engineering, Inc., received and filed.

     Ms. Williamson presented the request, stating the staff recommends approval of the rezone to PCD, subject to the Preliminary Site Plan and Development Order.  She added that  the P&Z also recommended approval subject to same.

     Commissioner Morris asked questions about the landscaping scheme along the front of the property and if the outparcel in Phase 3 will have some type cross access easement.  He suggested to District Commissioner Carey that it would be prudent to have future cross access because of the traffic on SR 46.

     Bill Burkett, Burkett Engineering, Inc., representing the applicant, addressed the Board to state the issue of cross access was discussed, but staff determined the cross access would not provide any benefits.  That is why that was not included at this point.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Morris, to approve the request to rezone 7.77 +/- acres located between SR 46 and Narcissus Avenue, 0.16 +/- miles east of Monroe Road, from A-1 (Agriculture) to PCD (Planned Commercial Development), thereby, enacting Ordinance #2006-32, as shown on page _______, subject to the Preliminary Site Plan and Development Order, as shown on page _______; as described in the proof of publication, William E. Burkett/Burkett Engineering, Inc., with staff findings.

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

WILLOW BROOK PUD SMALL SCALE

LAND USE AMENDMENT AND REZONE/

HARLING LOCKLIN & ASSOCIATES, INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Small Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD) and a rezone from A-1 (Agriculture) to PUD (Planned Unit Development), on 9.44 +/- acres located on the southeast corner of Red Bug Lake Road and Brooks Lane, Hugh Harling/Harling Locklin & Associates, Inc., received and filed.

     Ms. Williamson presented the request, stating staff is recommending approval subject to the Preliminary Master Plan and Development Order, based on the staff findings.  The P&Z voted unanimously to recommend approval also subject to the Preliminary Master Plan and the Development Order.

     Upon inquiry by Commissioner Dallari, Ms. Williamson stated there will be 15 feet of landscape buffer and brick or masonry wall that parallels Red Bug Road.

     Hugh Harling, Harling Locklin & Associates, representing the applicant, addressed the Board to state there will be a decorative wall.  He distributed a booklet (copy received and filed) of the location map and plans for the Brook’s Landing Townhomes and described the plans, stating the elevation shown will be the ones provided.  There will be a homeowners’ association that will be in charge of maintenance and architecture review.

     Commissioner Dallari confirmed with Mr. Harling that (1) he is making a voluntary commitment that the rendering presented, with exception of the color, will be the building the applicant will build; (2) the homeowners’ association will be responsible for architecture review and maintenance; and (3) commitment by the applicant that the wall will be some type decoration that matches the architecture of the site.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to enact Ordinance #2006-33, as shown on page _______, approving a Small Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD); and enact Ordinance #2006-34, as shown on page _______, approving rezone from A-1 (Agriculture) to PUD (Planned Unit Development), on 9.44 +/- acres located on the southeast corner of Red Bug Lake Road and Brooks Lane, subject to the Preliminary Master Plan and Development Order, as shown on page _______; as described in the proof of publication, Hugh Harling/Harling Locklin & Associates, Inc., based on staff findings and including the three voluntary commitments the applicant presented today.

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

CAMERON HEIGHTS ADDITION - 2006

LARGE SCALE LAND USE AMENDMENT

AND REZONE/ROBERT ZLATKISS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adopting an ordinance that includes the proposed map amendment from Suburban Estates (SE) to Planned Development (PD); and adopt an ordinance rezoning the 13.51 +/- acres from A-1 (Agriculture District) to PUD (Planned Unit Development) for property located on the northeast corner of the intersection of Beardall Avenue and Hughey Street; Robert Zlatkiss, received and filed.

     Tony Walter, Planning Manager, addressed the Board to present the request, stating that staff recently received a letter (copy received and filed) from the Department of Community Affairs advising they have no objections or comments to this request.  He said staff is recommending approval and enacting the ordinances to change the land use to Planned Development and the rezoning to Planned Unit Development.

     Chairman Henley questioned staff about the school impacts and the need for having more current information of other projects that might also impact the schools.

     Dan Matthys, Planning & Development Director, addressed the Board to advise the staff is working with the School District on putting together a list of all the plats to show the capacities.  He thinks in this area there is not a huge increase from the numbers presented. 

     Chairman Henley said he thinks that information is important and not having it is how they come up with overcrowded schools. 

     Dave Blount, Madden Engineering, representing the applicant, addressed the Board to answer any questions.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt and enact Ordinance #2006-35, as shown on page _______, that includes the proposed map amendment from Suburban Estates (SE) to Planned Development (PD); and adopt and enact Ordinance #2006-36, as shown on page _______, rezoning the 13.51 +/- acres from A-1 (Agriculture District) to PUD (Planned Unit Development), for property located on the northeast corner of the intersection of Beardall Avenue and Hughey Street; as described in the proof of publication, Robert Zlatkiss, and approve of the Preliminary Master Plan and Development Order, as shown on page _______.

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

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     Chairman Henley recessed the meeting at 2:26 p.m. and reconvened it at 2:35 p.m.

LEGISLATIVE UPDATE

     Susan Dietrich, County Attorney’s Office, introduced Lobbyists Bobby Brantley and Eric Thorpe to give a summary of the Legislative session.

     Mr. Brantley addressed the Board to state the Seminole County Legislative Delegation was a pleasure to work with this year.  He said he had never seen the cooperation that they showed this year.   He acknowledged in particular three members who went the extra mile--Senators Baker, Constantine and Webster.

     He explained that Senator Webster did an unbelievable job on the car rental surcharge.  Senator Baker was commendable who proposed almost all the budget requests on the Senate side.  Senator Constantine worked his heart out on the deferred comp legislation, but it died the same death as it did last year.  He said the same member of the House (Representative Negron) sat on the bill again as last year.  He said he had never been treated the way he was by Rep. Negron on this issue, and it was an abuse of legislative power.  He suggested the Board members remind Rep. Negron, whenever he passes through, that this issue was very important.  

     Mr. Brantley stated he had received a call from DCM Sally Sherman that the County had received a grant for the Lockhart-Smith Canal and they had requested $2 million for that project.  He explained they had to go back to the sponsors and request they try to move the $2 million to other projects, but they did not have enough projects that were in the same budget category to line up all the money, so there is still $1 million for the canal.  The remaining $1 million was divided between two other projects--$600,000 to the Regional Alternative Water Supply project, and $500,000 to the Cross Florida Greenways Trail.  He reported that the SR 46 project was not funded because it was not in the Five Year Plan and that plan is funded.  The request for the Middle St. Johns was for $4 million and $1.2 million was received.  He advised the Lake County community budget is $1.5 million for that project.  Mr. Brantley further advised that the Governor has not signed the $2 surcharge legislation; he doesn’t think he has received the bill yet.

     Commissioner Morris thanked Mr. Brantley for the voting history.  He said the County also owes gratitude to Senator Constantine on the cable franchise.  He asked about the Charter Home Rule issue for counties vs. cities.

     Mr. Brantley reported that Seminole County’s delegation was not unlike most others in the State.  They came on the side of the cities in most every case.  He said they need to get a stronger push within the Association of Counties to get people to come to the table with a little more zest.  He said the League of Cities beats them like a drum in that process.  The cities show up in large numbers and it is really hard to buck that.  He urged all of the Commissioners to work within the association as it is a necessary group, but it needs to be a little louder and forceful in their presentation.

     Commissioner Morris commented he can understand when there are 400 plus cities and only 19 charter counties and the cities are targeting just the charter counties, but some of the charter county brothers forget about the fight.

     Mr. Brantley said he would like for the County to start working a little earlier on their budget requests.  He said the committee meetings start a long time before the sessions do.  Any of the things they can get started to get the Senate and House members to buy into the projects and even general bills to get started long before the session opens would be extremely helpful.  He encouraged everyone to try to spend some time with their delegation members and explain to them in their own terms what some of these battles between counties and cities are about and how they affect you; where they come from; and why they should listen to your side a little more.

     Commissioner Van Der Weide asked about “Save Our Homes” and homestead exemption.  He said he feels it is just a matter of time that something will happen.  He said he can see both sides of it.  He asked how long that will be held off.

     Mr. Brantley stated that bill passed this year that went from $25,000 to $50,000 on homestead exemption; but it was narrowed to only low-income seniors.  He said that got a lot of attention this year and a lot of debate.  He said he would be shocked if it’s not back the next session. 

     Commissioner Carey asked if they had had a longer list of funding request items, would they have had more flexibility on finding a home for that $2 million referred to previously.

     Mr. Brantley said as long as some of the projects fit and if they came out of the same pot of money.  Whereupon, Commissioner Carey said next year, they will try to get a couple of projects in the same pot. 

     Commissioner Morris said he wanted to cite that in each case with his visits to Representative Adams and Mealor, each did some particular little things the County needed help with.  He said this was the first year he has seen all of them participating. 

     Chairman Henley said he did write a letter to the Delegation thanking them for their help.

     Mr. Brantley said the Board can be proud of the entire delegation this year.  There was a lot more cohesion than in the past and he really appreciated it. 

CHAIRMAN’S REPORT

     Chairman Henley asked if there was any interest by the Board to hold a workshop.  He said he had a couple of items for consideration.  They had talked about a shortage of workforce housing and they never did anything to resolve the issue.  He asked staff to research in the area to see what is going on.  He said with all the projects coming through, pretty soon they won’t have any opportunity to deal with it.

     Commissioner Carey said some of the staff attended a workshop in Orange County on this subject.  She has not heard any results on that.  She would like to hear from that and find out some of the recommendations.

     Mr. Fisher said he will prepare to give a briefing on June 13 and get further direction from the Board at that time. 

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     Chairman Henley asked what about a briefing regarding transportation issues concerning distribution of funds if the Governor does not veto it.  They also need to discuss the routes the County pays for from Lynx.  He said he is getting some calls from citizens requesting services.  They may need to take a look at growth and see where they need to better serve.

     Commissioner Dallari said he would like to look at that and also get an update on the shelters at the same time.

     Commissioner Carey said the ADA issue is still very much a problem with the cities.  She suggested Linda Watson of LYNX make a presentation to all the cities.  She thinks it is important that they as a community be on board with that.  She thinks the worse performing route is to the airport that they are not planning to have next year.  They may need to look at realigning that. 

     Chairman Henley said they need to look at the impact of commuter rail.

     Commissioner Van Der Weide said he doesn’t want to spend all the potential $2 surcharge money at this point.

     Chairman Henley said no, but he thinks they ought to start studying and looking at what the potential impact down the road is going to be.

     Commissioner Dallari asked how the increase in fuel has that been affecting Lynx.

     Chairman Henley stated significantly; the ridership is up.

     Commissioner Carey said they still need to find a dedicated funding source for Lynx.

     Commissioner Morris stated the problem with a dedicated funding source for transit is it’s going to be very difficult to get a majority vote.  He said a lot will depend on the announcement on commuter rail.

     Commissioner Carey said in another 30 days they should know the outcome of the $2 surcharge.

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated 4/30/06 to BCC (with attachments) from John Saboor, Executive Director, and Keith Station, Seminole County Sports Marketing Manager-Central Florida Sports Commission, re:  Activities for the month of March.

 

 2.  Memorandum dated 5/15/06 to BCC from Co. Manager re: Appointment of Acting Co. Manager during trip to Washington, DC.

 

 3.  Letter dated 5/11/06 to Chairman (with attachments) from Sandra Smith, Acting Community Development Director-City of Casselberry, re:  Casselberry Community Redevelopment Agency 2005 Annual Report.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Economic Development Director)

 

 4.  Letter dated 5/12/06 to Chairman (with attachments) from James Stansbury, Regional Planning Administrator-Department of Community Affairs, re:  No objections raised during review of Comprehensive Plan Amendment.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Co. Attorney)

 

 5.  Letter dated 5/11/06 to Chairman from Teresa Tinker, Office of Policy & Budget-Office of the Governor, re:  Appreciation for letter relating to outdoor advertising signs.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

 6.  Notice and agenda of rescheduled board meeting to May 24, 2006 for Seminole County Port Authority.

 

 7.  Letter dated 5/9/06 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk-City of Sanford, re:  Notice for annexation public hearing on 5/22/06.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Property Appraiser, Supervisor of Elections)

 

 8.  Letter dated 5/8/06 to Chairman from Thomas Walters, Mayor-City of Oviedo, re:  Endorsement of the Mosquito Control Program.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Public Works Director)

 

 9.  Letter undated to BCC from Dennis Whalen, President-Seminole Softball Club, re:  Concerns over use of Soldiers Creek Park and Jetta Point Park. (cc:  Co. Manager, Deputy Co. Managers, Library & Leisure Services Director)

 

10.  Letter dated 5/9/06 to Chairman from William Kerr, Chairman, Projects & Land Committee-St. Johns River Water Management District, re:  Invitation to attend upcoming meeting on 6/8/06.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Environmental Services Director)

 

11.  Orlando Utilities Commission Vision for the Future Annual Report 2005.

 

12.  Copy of letter dated 5/10/06 to Patricia Southward (with attachment) from Gretchen Venn, Executive Assistant, to BCC re:  Receipt of volunteer information form.

 

13.  Memorandum dated 5/2/06 to BCC (with attachment) from Jennifer Bero, Grants Coordinator, re:  Grants Activity Report – FY 05/06 Second Quarter.

 

14.  Copy of memorandum dated 5/4/06 to Robin Butler, Chairperson-Seminole Co. Community Traffic Safety Team, from Don Fisher, Deputy Co. Manager, re:  Congratulations of receipt of the alternative transportation education program award.

 

15.  Copy of memorandum dated 5/4/06 to Robin Butler, Chairperson-Seminole Co. Community Traffic Safety Team, from Don Fisher, Deputy Co. Manager, re:  Congratulations of receipt of the Excellence in Public Procurement & Best Practices Awards.

 

16.  Contractor Demographic Change Form, as shown on page _______, for Margaret Reedy.

 

17.  Memorandum dated 5/19/06 to Chairman (with attachment) from David Johnson, Seminole Co. Property Appraiser, re:  City of Casselberry 17/92 CRA.  (cc:  BCC)

 

18.  Copy of letter dated 5/19/06 to Russ Gibson, Director of Planning & Development-City of Sanford, from April Boswell, Assistant Planning Manager, re:  Proposed Annexation and Rezone Ordinances. 

 

19.  Copy of letter dated 5/22/06 to David Koster (with attachment) from Gretchen Venn, Executive Assistant, to BCC re:  receipt of Volunteer Information Form.

 

20.  Copy of letter dated 5/15/06 to Cristina Shams (with original correspondence attached) from Chairman re:  Issues regarding Dyson Drive sidewalk.

 

21.  Letter dated 5/15/06 to Chairman from Linda Watson, Chief Executive Officer-LYNX, re:  LYNX’s 2006 American Disability Act Funding.  (cc:  BCC)

 

22.  Copy of letter dated 5/15/06 to Governor Jeb Bush from Wendell McKinnon, Metroplan Board Chairman, re:  Support for Senate Bill 1350 (car rental surcharge).  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

23.  Letter dated 5/16/06 to BCC from Michael Barr, Chair-Seminole Soil & Water Conservation District, re:  Appreciation for support of Lake Amory Aquatic Weed Control MSBU.

 

24.  Copy of letter dated 5/10/06 to Commissioner Gary Brender-City of Lake Mary, from Gary Johnson, Executive Director-Seminole Co. Expressway Authority, re:  Reappointment to Board through May 2008.

 

25.  Letter dated 5/12/06 to Chairman from John Hitt, President-University of Central Florida, re:  Appreciation for business accelerator support.

 

26.  Memorandum dated 5/17/06 to BCC (with attachments) from Don Fisher, Deputy Co. Manager, re:  Charter Review Commission public hearings.

 

27.  Letter dated 5/3/06 to Chairman from Mel Martinez, United States Senator, re:  Appreciation for supporting the Emergency Management Performance Grants program.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

28.  Notice to abutting property owners regarding home occupation from the City of Lake Mary.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Manager, Support Services Manager)

 

29.  Notice of postponement and rescheduling of rezoning public hearing for the City of Lake Mary regarding the Waterside Development to June 1, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning & Development Manager, Co. Attorney)

 

30.  Letter dated 4/24/06 to Chairman from Congressman John Mica re:  Appreciation for support for the Emergency Management Performance Grant program.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

31.  Copy of letter dated 5/15/06 to Chris Holley, Executive Director-Florida Association of Counties, re:  Resignation of Commissioner Morris and appointment of Commissioner Carey.

 

32.  Copy of letter dated 5/15/06 to Jeanne Cho from Chairman re:  Congratulations on accomplishments during The Big Break V.

 

33.  Copy of letter dated 5/16/06 to GFWC Oviedo Women’s Club from Jane Peterson, Library Services Manager, re:  Appreciation for donation.

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Commissioner Carey announced the second annual Hurricane Preparedness Sales Tax Holiday just recently began; and she urged all citizens to take advantage of that.

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     Commissioner Carey further announced that Memorial Day is Monday and the County government and all the cities will be closed.  The City of Sanford will have a Memorial Day parade and the Sanford Memorial Park will be dedicated.  She will participate in the parade.  There will be a group luncheon following that on Highway 17-92. 

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     Commissioner Van Der Weide stated the County has a place at Five Points they have talked about for fallen police officers.  There is some movement in Sanford and Winter Springs for a memorial for the war dead in the County.  He asked Commissioner Carey what is taking place in Sanford.

     Commissioner Carey said in Sanford, the Veterans Memorial Park will be rededicated.  She also said the memorial the County talked about includes all the fallen officers and the war dead. 

     Upon direction of Commissioner Van Der Weide, Jerry McCollum, County Engineer, addressed the Board to state on the Wekiva Springs Road Trail where the bridge goes down to the fish camp, a World War II Jungle Training Camp was located there where the soldiers trained to go to the Philippines, etc.  He said you can still find equipment there where the soldiers trained.

     Commissioner Morris stated the concept the Board discussed was for the Courthouse site at Five Points and it was county-wide for all police officers--Sheriff officers, firefighters and those who died in the military.  He said what they need to do is acquire the land so they know what they can put on it.

     County Manager Coto stated she had a meeting with Chief Fleming and her understanding was that Amy from Glatting has donated their services and in mid June will come up with some renderings and cost estimates.  At that time, staff will bring this back to the Board.  Her assumption is that this is at the Criminal Justice Center.

     Commissioner Morris stated if they don’t know what the Board wants, they don’t know how to design it.  Staff was instructed to look at the auto dealership.  Depending on what goes on the wetlands site, this could be a nice reflective park of two to three acres.  He said these things need to be discussed.

     Chairman Henley asked Ms. Coto to arrange a meeting with Glatting Jackson and Commissioner Morris on this concept.

     Whereupon, Commissioner Carey said to include her; and stated Commissioner Morris and Commissioner Van Der Weide should be on the committee also.

     Ms. Coto said this was the first time she has heard about the aspect of the military being included.  She understood this was for the policemen, Sheriff deputies, and firefighters.

     Chairman Henley explained the memorial was originally proposed for law enforcement but it was expanded when the Board decided they wanted to do something at Five Points.

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     Commissioner Morris asked for an update on the water for Environmental Studies Center.  He said the Board had requested and agreed upon a cooperative venture with the School Board to get potable water to the site.  He said this is a critical issue.

     Ms. Coto said she understood there was a proposed 4” extension to serve the Environmental Studies Center.  This was permitted through DEP.  One bid was received for $53,000.  During the preconstruction meeting, they found out the water line was in conflict with the County’s stormwater retention pond.  The County had an issue with its own water line.  The County redesigned it; and is ready to move forward.  Now the County is in discussion with the sole bidder.  Construction should begin next month and be completed in three months. 

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     Commissioner Morris stated the Casselberry CRA is requesting an extension for 10 years.  He advised the newspaper said Casselberry was funding $45,000 and the County was funding $250,000.  He said he has been in discussion with the Acting City Manager, advising him that the BCC formerly asked through the Manager, for a full report of the history of the accounting they should have done since the CRA was formed.  He suggested the Board direct Ms. Coto to inform the Acting City Manager that no consideration of the requested extension of funding will be done until they have done such an accounting.

     Chairman Henley said he thinks Commissioner Morris has full support on that as they all have concerns about that.

     Commissioner Van Der Weide said he wonders if it is not prudent for the County Attorney and County Manager to determine what the Board’s responsibilities are for a major audit.  He said that they should at least look at other CRA’s to make sure their funding is going in the account it is supposed to and being used the way it is supposed to.

     Chairman Henley stated it is getting to be a sizeable chunk of money coming off the top.  He said he received the completed annual report from Casselberry and when he looked at it and found the discrepancy, he turned it over to the County Manager.  He did make calls to Mr. Johnson and he could not give any explanation.  He has not received any reports from any of the other CRA’s that the County allowed to be set up. 

     Commissioner Morris said they should have an agreement among them that they will not consider any extension of the CRA until they have this issue resolved.  He said he thinks this problem is going to be peculiar with Casselberry.  He thinks they can do a review of a couple of these without doing an audit.  What is probably going to occur is they are going to bring in friendly accountants because it goes back over ten years ago.  He complimented the Acting City Manager who has taken steps immediately, as soon as he found out about it, and has been very responsive to him and Ms. Coto.

     Commissioner Morris said as far as he knows, all accounts are current for the 17-92 CRA and everyone is paid. 

Commissioner Van Der Weide commended the Mayor of Casselberry who brought this to his attention.  He said it is amazing what they turn up when they start looking at details.  He added that he brought this to Ms. Coto’s attention that the money was put into the General Fund rather than the CRA fund.    

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     At the request of Commissioner Morris, Public Works Director, Gary Johnson, submitted a report (copy received and filed) to the Board on crosswalk timers.  He said installation of timers was not budgeted in the current budget, but eight intersections have already been done through the operating budget.  This includes a countdown timer at the Trail crossing.  He reviewed the report submitted.  He said staff will be including these in any future designs for County projects. 

     Commissioner Morris said this is good news; but this is only eight out of 400 intersections.  He thought the County would be ahead of the class on this but they are not.  He would like to see a very aggressive policy for these.  He said they should be at the high schools, where senior citizens are living, and at those crosswalks leading to churches.  He further said Seminole County is the only county with declining numbers.  One other thing is they have not marked the trails as much as they need to.  He said on the major intersections where they have the most accidents, they should have “signal ahead” signs.  He asked if they could have a much more aggressive program.

     Mr. Johnson said staff could prepare a program for the Board’s consideration during the budget process. 

     Upon inquiry by Chairman Henley, the Board gave consensus for a more aggressive program, particularly taking care of the high schools first.

     Mr. Johnson advised this could approach $1 million for equipment cost.  He said he will bring this back during the budget workshop for the Board’s consideration. 

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     Commissioner Dallari asked about the issue with maintenance of the traffic lights.

     Mr. Johnson advised an agreement is drafted and staff is currently waiting to hear from the risk liability insurance carrier.  He said the cities are anticipating an increase in cost.  Discussion ensued.

     Mr. Johnson said he believes the current agreements have expired.

     Commissioner Dallari said he believes Mr. Fisher sent notices to all the cities for the 30-day cancellation.  However, Mr. McMillan said he did not think the terminations were sent out.   He believes Mr. Fisher held off so no agreements have expired.

     Mr. Fisher advised he sent notices to the cities that the County would be terminating the agreements.  He put the cities on notice in February or March.  He said staff has been pushing the consultant to give them some liability cost amounts.  He added that he was told that it would take 45 to 60 days to receive those costs.

     Chairman Henley asked if staff could come back at the next meeting.  He asked Mr. Fisher to get the legals and give the Board something to work on.

     Commissioner Morris said he wanted to have numbers before June.  He suggested the County get out of this business as they are losing money.  Whereupon, Mr. Fisher said he will bring this item back in June.

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     Commissioner Van Der Weide said from the legislative report, there seems to be some additional trail money available.  Their friends in Longwood have been trying to get their trails funded.  The City of Winter Springs reviewed the route the County tried to put them on and they declined it.  So with this additional potential money, he was wondering if they can accommodate the City of Longwood who has not received any trail money to date. 

     Chairman Henley said the Board has to make sure they know what they are talking about.

     Commissioner Morris said the Board has not had any formal request from Longwood.  He explained the differential in cost if they don’t build the leg for Winter Springs is about a half million dollars.  Funding from the State is 5% what they asked for.  The County cannot now complete the plans they anticipated originally because of the increased cost of right-of-way and cost of the trail.  He said there is no additional money; it is already gone. 

     Commissioner Van Der Weide stated he was just saying this is a city that has not received any trail money yet.  Commissioner Morris responded that originally two cities chose not to participate in the trail program; and those were Longwood and Casselberry.

     Commissioner Morris stated Longwood should be the #1 unfunded priority.

     Mr. McCollum stated also that at the time the priorities were done for the Board, staff told Longwood that they would be next on the list if they have money available.  Staff said the same thing about six weeks ago when Longwood made their presentation to the Board.  He said, hopefully, they will get things out to bid soon and then they can see if any funds are left; and the Board direction is to go talk to Longwood.

COUNTY MANAGER’S REPORT

     Ms. Coto asked for clarification on the countdown pedestrian timers.  She asked is the Board talking about public high schools or including private schools.

     Commissioner Morris answered that this is for all high schools.

     Chairman Henley said to begin with the largest and most dangerous first.

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     Ms. Coto advised the flags are flying half staff in memory of former Lt. Governor Tom Adams who passed away on May 22, 2006.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:52 p.m., this same date.

 

ATTEST:_____________________ Clerk ___________________Chairman

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