BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

MAY 24, 2005

 

     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 24, 2005, 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 Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Associate Pastor, Ron Laferriere, Sanford First Church of the Nazarene, gave the Invocation. 

     Commissioner Bob Dallari led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Greg Bair, Florida Hospital, addressed the Board to present a check in the amount of $25,000 from the Markoly Foundation, to be used for the purchase of Automated External Defibrillators (AED). 

     Chairman Henley expressed the Board’s appreciation to Mr. and Mrs. Benson and the American Heart Association for the generous grant. 

     County Manager, Kevin Grace, advised staff will be briefing the Board on the AED Program at an upcoming Board meeting. 

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     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-91, as shown on page _______, honoring Art Grindle for being selected to receive the 2005 Leadership Seminole “Legends Award”, recognizing his many years of service and dedication to the citizens of Seminole County. 

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

     The Resolution was presented to Mr. Grindle who addressed the Board to express his appreciation. 

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-90, as shown on page ________, honoring Cynthia Cassanova Brown and Gerald Cassanova as “Artists of the Year 2005”. 

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

     Resolutions were presented to Ms. Brown and Mr. Cassanova who addressed the Board to express their appreciation. 

COUNTY MANAGER’S CONSENT AGENDA

     Commissioner Morris requested that Item #9, Grant Application for Jetta Point, and Item #16, Purchase Agreements for Jetta Point, be pulled from the Consent Agenda and moved to this afternoon’s meeting so that he can be briefed by staff. 

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

Environmental Services

Business Office

 4.  Approve release of original Water and Sewer Maintenance Bond #700-81-22-5503 (Wal-Mart Stores, East, PL) in the amount of $10,605.05 for water and sewer for the project known as Neighborhood Market UCF site. 

Planning, Engineering & Inspections

 5.  Approve and authorize Chairman to execute Exhibit “G”, as shown on page _______, for the project known as Clifton Park for over-sizing of off-site sewer facilities.

 

Fiscal Services

Administration

 6.  Adoption of appropriate Resolution #2005-R-92, as shown on page _______, ratifying issuance by the Orange County Housing Finance Authority of multi-family mortgage revenue bonds ($7,500,000) for the proposed multi-family Oviedo Town Center, Phase I.

Budget

 7.  BCR #05-22 - $221,840 – Public Safety – Emergency Management – Fund: 00100 – General Fund.  Budget Change Request will place funds into Project #00010069 for tracking the Homeland Security Grant for reporting to the State of Florida.

Grants

 8.  Board approval of Grant Application to Florida Communities Trust, Florida Forever for the purchase of 4.9 acres on Markham Woods Road to be used for a passive park. 

 9.  Continued until this afternoon’s meeting request for  approval of Grant Application to Florida Communities Trust, Florida Forever for the purchase of three additional parcels for Jetta Point Park.  Grant relates to Agenda Item No. 16. 

MSBU

10.  Approve and authorize Chairman to execute the Lake Mills Application, as shown on page _______, for Aquatic Weed Control MSBU prepayment agreement.

Purchasing

11.  Award CC-1262-05/TLR – Four Continuous Contracts, as shown on page _______, for Public Works Minor Construction – Costs less than $1,000,000.00 to American Persian Engineers & Constructors, Inc., Orlando (APEC); Central Florida Environmental Corp., Longwood (CFE); JCB Construction, Inc., Orlando (JCB); and Schuller Contractors, Inc., Orlando (Schuller) (Estimated value $6,000,000.00 combined per year).

12.  Award CC-1261A-05/TLR Contract, as shown on page _______, Oak Park/Belle Meade Subdivision Wall, to CEM Enterprises, Apopka, FL. ($258,999.00).

13.  Approve Ranking List, Authorize Negotiations, and Award PS-5181-05/AJR Contracts, as shown on page _______, for Solid Waste Management Planning, Administration, and Contract Support Services to Kessler Consulting, Inc., Tampa; Malcolm Pirnie, Inc., Tampa; and R.W. Beck Inc., Orlando (Estimated value of $350,000.00 per year combined).

14.  For Information Only – Emergency Procurement - Report of an emergency acquisition of services exceeding the mandatory bid threshold concerning the liquid sludge hauling in accordance with the Seminole County Code, Section 220.41 Emergency Procurement, with H&H Liquid Sludge Disposal, Inc., Ft. White.

 

 

 

Library & Leisure Services

15.  Approve and authorize Chairman to execute Service Agreements, as shown on page _______, with: (1) The CARE Foundation; (2) Nancy Kenton Puppet Productions; (3) Central Florida Zoological Park; (4) Tim Scarbrough, Lyndel and Company; and (5) Steve Knight Nifty Puppets to provide children’s programs at branch libraries as part of the Summer Reading Program.

16.  Continued until this afternoon’s meeting request to approve and authorize Chairman to execute purchase agreements for the acquisition of 2.63 acres located in the center of Jetta Point for $385,000. 

 

Planning & Development

Community Resources

17.  Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Alene Jones, Susan E. Connell, Betty R. Higar, Princella Hardy, Ovadis Ramirez & Enid Morales, Larry W. & Patsy Moore Jr., Rosa M. Alverez-Laboy, Charles A. Fryman Jr., Holly Carr, Alicia C. Grimaldi, Carlos & Marines Carrion, Barbara MacDonald, and Katina N. Badger.

18.  Approve and authorize Chairman to execute an Affordable Housing Community Housing Development Organization (CHDO) Agreement, as shown on page _______, with Housing & Neighborhood Development Services of Central Florida, Inc. (HANDS) for renovations at Lake Jennie II Apartments in Sanford. 

 

Public Works

Engineering

19.  Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _______, relating to road transfers from the County to the City of Altamonte Springs involving portions of Lake Harriet Drive and Maple Street; and from the City of Altamonte Springs to the County involving a platted right-of-way contiguous to Bunnell Road. 

Roads-Stormwater

20.  Approve and authorize Chairman to execute Amendment No. 1, as shown on page _______, to Project Agreement 69-4209-5-1635 and Amendment No. 2, as shown on page _______, to Project Agreement 65-4209-4-1633 between Seminole County and the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for emergency watershed protection projects from Hurricane Charley. 

Traffic Engineering

21.  Approve and authorize Chairman to execute Construction Agreement, as shown on page _______, for installation of a concrete surface, signals and gates at the railroad crossing on Hester Avenue, Milepost AU-775.13. 

22.  Approve and authorize Chairman to execute the Traffic Enforcement Agreement, as shown on page _______, between Seminole County, the Seminole County Sheriff’s Office, and Chapman Lakes Homeowners Association, Inc. to enforce regulatory signs within their subdivision. 

 

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

23.  Approve proposed mediated settlement relating to Parcel Number 113 of the Airport Boulevard Phase III road improvement project, located with frontage on Airport Boulevard and Bungalow Avenue, Walker & Padgett, in the amount of $248,119.92, inclusive of all land value, damages, statutory interest, attorney’s fees and costs.

24.  Approve proposed mediated settlement relating to Parcel Number 179 of the Airport Boulevard Phase III road improvement project, located with frontage on Airport Boulevard and Country Club Road, Walker, in the amount of $217,976.94, inclusive of all land value, damages, statutory interest, attorney’s fees and costs.

25.  Approve proposed negotiated settlement of expert’s costs relating to Parcel Numbers 101, 103, 104 of the Chuluota Bypass road improvement project, located at the intersection of County Road 419 and Chuluota Bypass (Snow Hill Road), Rybolt Family, in the amount of $56,616.18.

26.  Approve proposed negotiated settlement of expert costs relating to Parcel Number 802, of the County Road 427, Phase I road improvement project, located along the east right-of-way of County Road 427 north of State Road 436, Doskocz, in the amount of $24,597.61.

Property Acquisition

27. Approve and authorize execution of Subordination of Utility Interest Agreement, as shown on page _______, relating to Parcel Numbers 109, 709A, 709B, 709C, 124B, 124C, 140, 142, 150, 701, 702, 704, 707, 736, and 737 on Bunnell Road improvement project and Parcel Numbers 110, 111, 715C, 715D, 815A, 815B, and 718 on Eden Park Avenue road improvement project, between the County and Florida Power Corporation d/b/a Progress Energy Florida, Inc.

28.  Approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel Number 111 of the Bunnell Road improvement project, located at 550 First Avenue, Altamonte Springs, Troy J. Campbell, Jr., in the amount of $40,500.00, with no fees or expenses incurred.

29.  Approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel Number 103 of the Eden Park Avenue improvement project, located at 9750 Eden Park Avenue, Randall and Norma Jean DeMott, in the amount of $32,000.00, inclusive of fees, costs and expenses incurred.

 

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

CONSTITUTIONAL OFFICERS’ REPORTS

CLERK’S OFFICE

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

30.  Expenditure Approval Lists, as shown on page ________, dated April 25 & May 2, 2005; and Payroll Approval Lists, as shown on page _______, dated April 21 & May 5, 2005. 

 

31.  Official Minutes dated April 26, 2005. 

 

32.  Chairman to execute Satisfaction of Civil Restitution Lien for Incarceration Costs for Jeanne C. Lynn, #01-6709-MMA in the amount of $1,735.52. 

 

    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.  Travel Agency Services Agreement, as shown on page _______, RFP-4244-05, with GO TRAVEL.

 

 2.  Work Order #8, as shown on page _______, to RFP-4214-04, Site Secure, Inc.

 

 3.  Work Order #3, as shown on page _______, to CC-1252-04, Stage Door II, Inc.

 

 4.  Purchase Agreement, as shown on page _______, with Hoyt D. and Betty J. Stough per Binding Written Offer approved by the BCC on April 12, 2005.

 

 5.  Purchase Agreement, as shown on page _______, with Noe N. and Isabel Alvarez per Binding Written Offer approved by the BCC on March 8, 2005.

 

 6.  Third Amendment, as shown on page _______, to AB-3035-01, Ameriscapes Landscape.

 

 7.  Supervisor of Elections Fiscal Year 2005/06 Budget Proposal.

 

 8.  Consultant Services Agreement, as shown on page _______, RFP-4246-05, with The Grass Company LLC.

 

 9.  Amendment #1, as shown on page _______, to Work Order #1, PS-5170-04, Reynolds, Smith & Hills, Inc.

 

10.  Work Orders #2, #4 and #5, as shown on page _______, to CC-1252-04, Pathenon Construction Co.

 

11.  Basic Contract #M-489-05, as shown on page _______, Tip-Top Roofing Co., Inc.

 

12.  Fourth Amendment, as shown on page _______, to Agreement IFB-3049-02, Fausnight Stripe & Line, Inc.

 

13.  Copy of letter to Steve Miller, Executive Director of the South Seminole North Orange County Wastewater Transmission Authority, from County Manager Kevin Grace advising of appointment of Commissioner Dallari to the SSNOCWWTA Authority Board with Dennis Westrick as the Alternate.

 

14.  Copies of Memorandums to the BCC from County Manager Kevin Grace regarding Capital Project Fund Transfers in the amount of $18,585 for the Historical Museum; the amount of $40,000 for parking lot lights for Red Bug Lake and Sanlando Parks; and the amount of $30,000 for the Criminal Justice Center Project.

 

15.  Work Order #5, as shown on page _______, to PS-5134-02, CPH Engineers, Inc.

 

16.  Memorandum to Sandy McCann from Kendra Curry, Legal Secretary, submitting Corporate Warranty Deed, as shown on page _______, dated December 3, 2004, granted by The Community Alliance Church of Seminole, Inc., and Title Insurance Policy.

 

17.  Change Order #1, as shown on page _______, to CC-1246-04, American Bridge.

 

18.  Notice from the Public Service Commission submitting Order Amending Water and Wastewater Certificates, CWS Communities LP d/b/a Palm Valley Utilities.

 

19.  Work Order #13, as shown on page _______, to PS-5166-04, Bentley Architects & Engineers.

 

20.  Work Order #3, as shown on page _______, to PS-5157-04, AVCON, Inc.

 

21.  Work Order #10, as shown on page _______, to PS-5144-03, PBS&J.

 

22.  Work Order #2, as shown on page _______, to M-461-04, Urban Dynamics. Inc.

 

23.  Work Orders #56, #57, #58, and #59, as shown on page _______, to PS-556-00, DCR Engineering Services, Inc.

 

24.  Work Order #21, as shown on page _______, to PS-5150-03, EMS Scientists, Engineers, Planners, Inc.

 

25.  Work Orders #1 and #2, as shown on page _______, to PS-5174-05, Connect Consulting, Inc.

 

26.  Work Order #12, as shown on page _______, to PS-5165-04, HDR Engineering, Inc.

 

27.  First Amendment to Head Tennis Pro Agreement, as shown on page _______, with Cynthia Harkins.

 

28.  Head Tennis Pro Agreement, as shown on page _______, with Alice Reen.

 

29.  Amendment #2, as shown on page _______, to Work Order #9, RFP-4123-01, Atlas Scientific Technologies, Inc.

 

30.  Amendment #1, as shown on page _______, to Work Order #21 to PS-5120-02, PBS&J.

 

31.  Letter to Maryanne Morse, Clerk of Circuit Court, from William O. Monroe, Auditor General, with Report No. 2005-170, Operational Audit of the Florida Bright Futures Scholarship Program for the fiscal year ended June 30, 2004.

 

32.  Term Contract, IFB-3108-05, as shown on page ________, with Carpenter Fire Protection, Inc.

 

33.  Term Contract, IFB-3104-05, as shown on page _______, with D&H Top Grade Millwork, Inc.

 

34.  First Amendment, as shown on page _______, to Term Contract, IFB-3099-05, with Bestway Industrial Supply, Inc.

 

35.  Conditional Utility Agreement, as shown on page _______, for Water and Sewer Service with Centex Homes.

 

36.  Development Orders, as shown on page _______, as follows:  1550 Cochran Road, Bruce & Susan Kern; 2313 Sandalwood Drive, Brian Fresk; 5265 North Lake Burkett, Kim Le; 615 Fellowship Drive, Coach Light Estates; 3437 Ashton Oaks Cove, Michael Dionne; 400 Grandview Place, Irving L. Colvin, Trustee; 3051 Cecelia Drive, Mario & Ashleigh Mariani; 4090 Ruby Street, Judy F. Erickson; 9176 Overland Road, John Rutherford; 145 East SR 46, Mukesh Patel; 457 East Hillcrest, Long The Nguyen, Trustee; and 109 Essex Drive, Gary E. & Tommie A. Garmon.

 

37.  Satisfactions of Connection Fees, as shown on page _______, for the projects known as Terra Bella, Lake Forest 6B, University of Carillon United Methodist Church Youth Building, and Winding Cove.

 

38.  Assignment of Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service between Hacienda Development Corp. and The Shoppes of Tuskawilla, LLC.

 

39.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Pelloni Development Corp., KB Homes Orlando LLC, 4G Properties LLC, and The Ryland Group, Inc.

 

40.  Letter, Bill of Sale and Warranty Deed, as shown on page ________, accepting the water and sewer within the project known as Hamilton Place.

 

41.  Letter and Bill of Sale, as shown on page _______, accepting the water and sewer within the project known as Oviedo Crossroads III.

 

42.  Letter of acceptance, as shown on page _______, of the roads within the project known as Madison Place.

 

43.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Merrill & Donna Schrimscher, Seminole County Port Authority, and The Ryland Group, Inc.

 

44.  Change Order #3, as shown on page _______, to CC-1208-03, Interstate Engineering, Inc.

 

45.  Renovation Services Agreement, as shown on page _______, BD-2117-05, with RB Marks Construction, Inc.

 

46.  Certificate of Substantial Completion, as shown on page________, for CC-1222-03, Central Florida Environmental Corp.

 

47.  Change Order #7, as shown on page _______, to CC-1196-02, The Middlesex Corp.

 

48.  Bids as follows:  IFB-3114-05; IFB-3115-05; RFP-4248-05; PS-5185-05; CC-1262-05; #2117-05; and CC-1263-05.

 

SHERIFF’S OFFICE

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

34.  Approve and authorize Chairman to execute Budget Amendment Resolution #2005-R-93, as shown on page _______, in the amount of $51,750 to the Sheriff’s Office FY 04-05 budget from the Florida Department of Juvenile Justice to provide Juvenile Assessment Center services. 

35.  Approve and authorize Chairman to execute Budget Amendment Resolution #2005-R-94, as shown on page _______, in the amount of $152,520 to the Sheriff’s Office FY 04-05 budget from the Florida Department of Juvenile Justice to provide Intensive Probation Supervision, Conditional Release, Alternative Sanctions, and SWEAT Programs at its Juvenile Enforcement Center.

36.  Approval for the Sheriff’s Office to utilize $5,000 in Law Enforcement Trust Funds for a contribution to Safehouse of Seminole County, a non-profit organization which provides a domestic violence shelter and associated programs for women and children. 

 

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

LEGISLATIVE UPDATE

     Lobbyist, Bobby Brantley, addressed the Board to give the final update on the 2005 Legislative Session.  Copy of Memorandum dated May 13, 2005 from Mr. Brantley was received and filed.  He said that with regard to the Private Fire Hydrant – HB 267 & SB 748, they were able to get an expedited Attorney General’s Opinion from Charlie Crist when the bill ran into trouble.  That led to amended language being put in the bill which was passed and is now on the way for Governor Bush’s signature.  He reported that the County-funded Court Employee Fix and the Accessible Voting Systems bills were passed.  He explained that the Growth Management Bill passed and the County won on two of the biggest issues regarding charter counties and impact fees.  He advised that the Deferred Compensation Legislation was doing well until it was held up by the Chair of the House Fiscal Council, Joe Negron; and the Rental Car Surcharge did not pass so there is still work to be done on that.  With regard to the Juvenile Justice Costs Shift, he said that became bogged down and ended with nothing happening on that. 

     Mr. Brantley further advised that with regard to appropriations, the County did very well.  He briefly listed the approved road project improvements and said the water supply testing requested by St. Johns River Water Management District was funded at $100 million.   However, he reported that the Historical Commission Grant was not approved. 

     Commissioner Carey stated she was very disappointed to hear that the Rental Car Surcharge was not passed.  A brief discussion ensued with regard to same. 

     Commissioner Morris stated that he does not believe Seminole County did very well.  He said the one project for Seminole County (Historical Museum) was not funded and the other projects were State projects and responsibilities anyway.  He further stated, however, that he believes Mr. Brantley’s efforts were exemplary even though his efforts were more of a backstop and an attempt to stop bad legislation.  He complimented Representative Randy Johnson for standing up for Seminole County. 

     Commissioner Dallari thanked Mr. Brantley and his staff for the hard work they did in Tallahassee.  He asked for his recommendation on how to approach the next session. 

     Mr. Brantley suggested Commissioners start spending time making contact with the Legislative Delegation members and talking to them about County issues. 

     Commissioner Van Der Weide expressed his concern with the talk that there will be a “glitch” bill for Growth Management and that there will be massive amendments to it.  He said this is in a dangerous state of flux. 

     Upon inquiry by Commissioner Morris, Mr. Brantley stated that Senator Baker and Representatives Mealor, Constantine, Webster and Adams did outstanding jobs for Seminole County. 

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     The Chairman recessed the meeting at 10:25 a.m., reconvening it at 10:32 a.m. 

REGULAR AGENDA

     Planner, Jeff Hopper, addressed the Board to present the building elevations for the Preserve at Eagle Lake townhouse development, a 65.63 acre site located on the south side of CR 427, adjacent to the west side of SR 417, Charles Madden.  He advised staff recommends approval. 

     Commissioner Morris stated that the elevations shown are what his objective was. 

     Chris Abbott, representing the developer, addressed the Board to advise the buildings will be stucco with natural stone and paint will be toned-down natural colors. 

      Motion by Commissioner Carey, seconded by Commissioner Morris to approve the submitted building elevations for the preserve at Eagle Lake townhouse development, per staff findings, a 65.63 acre site located on the south side of CR 427, adjacent to the west side of SR 417, Charles Madden. 

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

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     Meloney Lung, Support Services Manager, addressed the Board to request direction with regard to County property (Parcel #18-21-30-510-0A00-0280) located at 997 SR 436, Altamonte Springs. 

     Upon inquiry by Commissioner Morris, Mr. Grace advised staff talked to the City of Altamonte Springs about a year ago and they were not interested in the property at that time.  However, staff has not presented them with the idea of the County demolishing the building and restoring the site to a green space area.    

     Commissioner Carey stated she would be in favor of demolishing the building and making it a green space area, but she would like the County to retain ownership because it could be used for a transit stop or used in a land swap at a future date. 

     Motion by Commissioner Morris, seconded by Commissioner Carey to authorize staff to demolish the building on County-owned property located at 997 SR 436, Altamonte Springs, Parcel #18-21-30-510-0A00-0280; and create a green space. 

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

     Commissioner Carey stated she has seen a number of unmaintained County-owned properties around the City of Casselberry during a recent tour. 

     DCM, Don Fisher, addressed the Board to advise staff has brought this problem to his attention and part of the problem is the financial aspect for maintaining these properties at various levels.  He said he will bring back some information for the Board to consider. 

     Commissioner Dallari requested staff to formally ask the City of Altamonte Springs if they would be interested in maintaining the property at 997 SR 436 if the County restores it to a green space. 

     Commissioner Morris requested Mr. Grace obtain from the City of Longwood “before” and “after” photographs of the property (near the historical district) the County donated to the City recently. 

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     County Manager, Kevin Grace, requested direction with regard to scheduling a public hearing to consider an additional one-cent motor fuel tax.  He stated that the Board had indicated that if the Cities would support an additional one-cent gas tax to be used for transit, then the Board would consider taking that action.  He said each of the seven cities have adopted a resolution in support of the tax and five of the cities have approved Interlocal Agreements.  He advised that even with the additional one cent, the County will be facing a deficit in transit funding in the coming year, but it will be much more manageable.  He distributed a Summary (copy received & filed) of the LYNX FY 06 Budget funding requests.  He further advised that adoption of the additional penny tax would require a super-majority vote of the BCC. 

     Commissioner Van Der Weide questioned how Mr. Grace will address the $400,000 deficit (even if the additional cent is approved). 

     Mr. Grace stated staff has been struggling with transit and have been putting band-aides on it for years. 

     Commissioner Carey stated, in her opinion, this is the worst possible time to levy a gas tax.  She said this is the reason that she was so disappointed when the car rental surcharge was not passed because that could have been used to fund transit.  She further said the fact that even with the additional penny tax, there will still be a $400,000 deficit, and she is not convinced that this is a good solution. 

     Commissioner Morris said that as a person who has served on the Board for ten years and never witnessed a tax increase of this kind, he does not go into this lightly.  He stated that funding discussions with the cities have been ongoing for four years and the problem has not been resolved. 

     Commissioner Carey suggested the Board stand before the cities and tell them it is important the cities provide these transit services to city residents. 

     Commissioner Van Der Weide stated he has never signed onto this gas tax proposal.  He said he believes the timing of this is atrocious and thinks they can continue to fund this the way they have been doing it until the right time does come.  He added that he supported the last gas tax increase, but would not be supporting this one. 

     Discussion ensued between the Board and Mr. Grace on which cities are funding their share of the ADA and fixed routes. 

     Commissioner Carey stated she believes there are still some unanswered questions. 

     Commissioner Morris said the people that use ADA are citizens who are disabled and are elderly who cannot drive.  He said he cannot envision cutting this service to these people and believes the County needs a dedicated funding source for it. 

     Commissioner Van Der Weide stated no one ever suggested cutting the ADA service.  However, he believes there are other alternatives and this is out of the regular sequence of the budgetary process. 

     Commissioner Carey said she supported the ADA route as a LYNX Board member and still supports it as a County Commissioner.  However, she believes the cities need to step up to the plate with regard to funding this service. 

     Commissioner Morris stated he agrees that some of the cities are “taking a walk” on funding this.  He said that if the penny is approved, he would propose rolling back the property taxes in the same amount during the next budget cycle and making this “revenue neutral”. 

     Chairman Henley stated that if they do not approve the additional penny, the County will be picking up the entire tab because they cannot force the cities to participate in the funding. 

     Motion by Commissioner Morris to authorize the County Manager, in consultation with the Chairman, to schedule a public hearing prior to July 1, 2005, to consider an ordinance to levy an additional one-cent motor fuel tax and execution of Interlocal Agreement with the cities assigning the revenues of the tax to the County for public transportation (transit) expenditures; and to authorize advertising of same. 

     The Chairman called for a second to the motion and received no response.  Whereupon, he surrendered the gavel to the Vice Chairman for that purpose. 

     The motion, duly seconded, was voted upon and carried, with Districts 1, 2, and 4 voting AYE and Commissioners Carey and Van Der Weide voting NAY. 

     The gavel was returned to the Chairman. 

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     Planner, Diane Ledford, addressed the Board to present request from the Girls and Boys Town of Central Florida for CDBG and SHIP funding in the amount of $900,000, for expansion of their existing campus at 1409 Flanagan’s Loop in Oviedo.  She advised the project is eligible under the CDBG Program and $450,000 is currently available.  The remaining funding is available under the SHIP Program. 

     Chairman Henley stated he believes this is a worthwhile project, but his concern is the timing which is out of the ordinary budget cycle. 

     Commissioner Carey said she also questioned why this request was not coming to the Board under the regular budgetary process; but, because these funds have to be encumbered or lost, she will support the project. 

     Commissioner Morris commended Commissioner Dallari for his work with the Girls and Boys Town.  He said he believes this item meets all the criteria and it is remarkable to see what is happening at this facility. 

     Commissioner Van Der Weide stated he thinks this is a great program and it does a tremendous amount of good.  He further said that this is one of the reasons why he has said the Board needs flexibility so that they can act when necessary. 

     Commissioner Dallari advised this organization is a branch of the original Father Flanagan’s Boys Town and since coming to Oviedo, they have done an outstanding job.  He said the one thing that stands out is the amount of money they bring from outside of the State in order to help the children of this community. 

     Mary Kate O’Leary, CEO of the Oviedo Campus of Girls and Boys Town, addressed the Board to advise last year they served over 43,000 kids across the country and since 1986, the Oviedo campus has served 14,000 kids in Central Florida.  Information packet regarding Girls & Boys Town was received and filed. 

     Bill Wendell, Girls and Boys Town National Office, addressed the Board to express his appreciation to the Commission for considering this request.  He said they are partnering with other County organizations and have invested over $40 million into this community.  He added they have a 90% success in turning these kids into productive citizens. 

     Upon inquiry by Commissioner Dallari, Mr. Wendell advised the kids must leave them when they turn 18 years old and on a national basis 25% to 30% go into the military. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute Funding Agreement, as shown on page _______, in the amount of $900,000 in CDBG and SHIP funding for Girls & Boys Town of Central Florida; and approve Amendment to the 2000-2005 Consolidated Plan. 

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

COUNTY MANAGER’S BRIEFING

     Mr. Grace advised the Library Expansion briefing will be continued until this afternoon’s meeting. 

COUNTY ATTORNEY’S BREIFING

     County Attorney, Robert McMillan, advised that the new law concerning private fire hydrants requires inspections of all privately-owned hydrants so he does not believe a local ordinance is necessary. 

     Mr. Grace stated he will be coming to the Board with a briefing on how the County will implement this bill. 

PUBLIC HEARINGS

     Mr. Grace advised that Item #42, Heathrow International Business Center DRI/Meredith H. Pickens, has been withdrawn.  COUNTY MANAGER’S BRIEFING, CONTINUED

     Anne McGhee, Seminole Community College President, addressed the Board to advise she will be unable to attend this afternoon’s meeting on the Library Expansion; but she wanted to inform the Board that the College is willing to partner with the County through the Sanford/Lake Mary or Oviedo campus. 

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     The Chairman recessed the meeting at 11:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Commissioner Morris being late), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

     Districts 1, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

HIBC DRI/REZONE/MAJOR AMENDMENT/Pickens

     Continuation of a public hearing to consider the Heathrow International Business Center Development of Regional Impact Notice of Proposed Change (DRI NOPC); Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) of approximately 407.1 acres; and Major Amendment to the Heathrow International Business Center, as described in the proof of publication, Meredith H. Pickens.

     Chairman Henley advised that staff has received a letter requesting to withdraw this item.  He stated the Board has honored that request.

REZONE/John Percy

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from PUD to PUD for Forest Lake Academy on approximately 258.5 acres located on the north side of SR 436 and west of West Lake Brantley Road, south of Sand Lake Road, John Percy, received and filed.

     Jeff Hopper, Senior Planner, addressed the Board to state this application would combine two developments under a single plan, with the ability to rearrange the permitted land uses. 

     Commissioner Morris entered the meeting at this time.

     Mr. Hopper stated the original Forest Lake Academy PUD was approved in the 1990’s and it included 359 residential dwelling units and approximately 30 acres of commercial and office uses.  Forest Lake Academy PUD II was approved in 2001 and it included sites of the existing Forest Lake Academy and Forest Lake Church.  In addition, it established tracts for retail uses and an assisted living facility.  The new proposal consolidates the two projects and updates the proposed land uses to reflect some new development concepts.  The church and school sites would be placed together in Tract 3 (a 69-acre tract permitting institutional uses).  Additional institutional uses would be allowed in Tract 4 (a 26-acre parcel connecting Sand Lake Road).  Tract 1, also accessing Sand Lake Road, would consist of 112 single-family units on 144 acres.  All commercial uses would be located in Tract 2 at the northeast corner of Bear Lake and SR 436.  The new PUD would eliminate designated tracts for Multi-family, Office and assisted living facility uses while increasing commercial floor area from 313,000 sq. ft. to 355,000 sq. ft.  Multi-family Residential use would still be an option within the Commercial parcel.  Office and institutional uses would be allowed within this tract.  Maximum multi-family development in Tract 2 would be 247 units, which is the same number allowed under the existing PUD approval.  Actual development on Tract 2 could be entirely commercial or some with Mixed Uses but these would be limited to a traffic generation rate equivalent to 355,000 sq. ft. of commercial use.  Overall traffic volumes for the new PUD would approximately be the same as would be generated by the existing PUD plans.  He stated staff recommends approval of the request subject to the conditions outlined in the proposed development order.  He said the applicant is requesting the following clarification be made to the third sentence beginning with “This tower” in Item H of the development order to:  “The existing communication tower may be retained in its present location or relocation within Tract 3.”

     District Commissioner Van Der Weide stated he has been briefed on this more than once and he is proud to have the applicant in the County.  He stated he feels they have left more trees there and beautified that property. 

     Mr. Hopper informed Commissioner Carey that the tower is limited to 80 ft. and that would remain intact.

     Attorney Frank McMillan, 655 N. Wymore Road, addressed the Board to state Mr. John Percy is available to review any technical issues.  He gave a brief background of the area.  He stated he believes the former Mayor of Winter Park and Bob Hattaway enrolled their children as students at Forest Lake Academy.  He said he also believes this is a quality development along with Bear Lake commercial developed to the south.  Staff has presented the combination and the change in the requested zoning.  The current PUD for commercial was adopted four or five years ago, including a parcel in the front of the existing school.  It would place the church between the two commercial pieces of property.  After further study, it was determined that the school would like to retain the frontage on SR 436 and move all of the commercial over to the northeast corner of Bear Lake and SR 436.  All of the church is now included as a part of the proposed commercial rezoning.  The church has not approved the sell of their property and that is one of the reasons for wanting to keep it designated institution.  Before the remainder of the property is developed, it will need to go back to the Florida Conference constituents.  Before any decisions are made, they will have to know the zoning before it is done.  The academy will continue to be in the community, but it is time to look for a new campus plan, which will probably include a health academy.  With land of this size in south Seminole County, there are always perspective purchasers on the horizon.  There will be no additional residential traffic to Sand Lake Road and there will be no increase in the number of multi-family units.  He requested the Board to approve the rezone.

     Orville Ramsey, 1030 Broadway St., addressed the Board to state his property line abuts the northeast corner of this property.  He stated he is not speaking in opposition, however, when he attended the meeting four years ago, they were told that this area would be restored uplands.  There has been an application to fill in the wetlands and he would like an explanation of what that entails.  The Corps of Engineers indicated that a statement was made in the application that this land is not suitable for wildlife and he would like an explanation on that. 

     Attorney Frank McMillan advised the St. Johns River Water Management District and Corps of Engineers are being involved in this and the plans have not been finalized.

     John Percy, applicant, addressed the Board to state he doesn’t know if permits have been filed to date.  He stated there have been long-standing stormwater drainage problems in the area.  Part of the plan for this property was to help solve that problem.  He said he is not up-to-date as to where the permits are.

     Glenn Carder, Florida Conference Seventh Day Adventist, addressed the Board to state St. Johns had their hearings on May 10, 2005 and they have received approval for the conceptual permit.  He stated they have worked with the Army Corps of Engineers to make sure they are complying with the regulations and they are addressing the management issues as well.

     Commissioner Van Der Weide stated if he was in this neighborhood, he would want to make sure that they are not flooding their property.

     Attorney Frank McMillan stated he is sure that the issues of wildlife are being addressed.

     Mr. Ramsey stated it is an untrue statement that there is no wildlife on that property.

     Toni Calbino (phonetic), Sandy Lane resident, addressed the Board to state she represents about 15 people that live on the edges of the flood plain area and she has letters from them.  She stated a couple of the residents have lived there for 29 years and they have seen the amount of water that can fill in that area.  She said she doesn’t know if anybody is aware of the amount of water they have to deal with.  The residents need to know that their homes will not be flooded and what is going to be done with all the water that runs down onto their lots.  

     Commissioner Van Der Weide stated he has visited the area and he knows what Ms. Calbino means and he would like staff to answer her questions.  The wells were under water and it flows over West Lake Brantley Road.  Every development they put in there has helped solve those problems, but the overall problems need to be worked on.

     Commissioner Morris stated the Board discussed the water issues extensively a few years ago.  Engineers are brought in to seek approval, then they move forward with the development and they have to justify everything they do.  He stated as they go forward with the site plan, staff can notify Ms. Calbino letting her know what is going on.  He said Ms. Calbino’s concerns are well noted by staff and the District Commissioner.

     Matt West, Planning Manager, addressed the Board to state this area is being engineered for a single-family subdivision and Mr. Radzai will be happy to meet with the residents to show them the plan.  

     Mr. West explained for Commissioner Carey what the actual process is.

     Commissioner Van Der Weide stated he is aware of the problems and he asked that Ms. Calbino keep in touch with his office so she can keep in touch with the right people.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     District Commissioner Van Der Weide stated he would like to assure everyone living in that area that the County will not allow anything to happen there that will be a problem.  He stated he and Seventh Day Adventist are well aware of the water situation.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2005-23, as shown on page ________, approving rezoning from PUD to PUD for Forest Lake Academy on approximately 258.5 acres located on the north side of SR 436 and west of West Lake Brantley Road, south of Sand Lake Road, as described in the proof of publication, John Percy, and approval of the Development Order, as shown on page ________.

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

REZONE/MONROE COMMERCE CENTER/Callaway

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) for Monroe Commerce Center, for a 6.3-acre site located on the east side of Elder Road and south of School Street, Pat Callaway, Realvest LLC, received and filed.

     Jeff Hopper stated the request is an expansion of Monroe Commerce Center.  The proposed new development would take access through the existing development, which fronts on Church Street to the south.  In Phase 3, the applicant is proposing two new buildings of 18,000 and 41,400 sq. ft. in size, totaling 59,400 sq. ft.  This floor area would be allocated as approximately 35% office use and 65% warehouse use.  The site will include a 25 ft. landscape buffer area adjacent to Elder Road.  Permitted uses would be those allowed in M-1A and C-3 zoning.  Prohibited uses would include self-storage restaurants and motels.  He noted the following two clarifications:  Item C refers to 10 ft. buffer with a 6 ft. wall adjacent to the existing home at the southwest corner of the site, and staff noted that this residential property is partly in R-1 and A-1 districts.  Also, on the buffer adjacent to the R-1 parcel, there is an accessory building on the agricultural parcel and staff is recommending that it be limited to the R-1 section; and Item D refers to a 6 ft. masonry wall and it should be provided on the north boundary rather than the south boundary.

     Mr. Hopper explained for Commissioner Morris what they want to do with the buffer for Item C.

     Commissioner Morris stated he feels it would be more uniform if they ran the wall all the way across. 

     Mr. Hopper indicated on the aerial the distance of the buffer.  He stated staff is trying to be consistent with how the previous development was handled.

     Pat Callaway, 2200 Lucien Blvd., addressed the Board to state he is familiar with the conditions in the development order and staff recommendations and he concurs with those.  He explained how the masonry wall buffer came about. 

     Upon inquiry by Commissioner Carey, Mr. Hopper indicated on the map where the property line is located.  He stated a wall is not required on the adjoining site along the property line. 

     Commissioner Morris stated he feels the wall should go all the way down the property line or don’t put the wall up at all.

     Upon inquiry by Steve Young, Tom Radzai, Sr. Engineer, Development Review, addressed the Board to explain what they are going to do with Elder Street and the school.

     No one else spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2005-24, as shown on page _________, approving rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) for Monroe Commerce Center, for a 6.3-acre site located on the east side of Elder Road and south of School Street, as described in the proof of publication, Pat Callaway, Realvest LLC, per staff’s report, and approval of the Development Order, as shown on page ________, with the condition that the wall will run the entire length of the residential and agricultural property adjacent to it on the south.

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

TOWING & TRANSPORT OF VEHICLES ORDINANCE

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt the Seminole County Towing and Transport of Vehicles Ordinance to change the maximum trespass and nonconsensual tow rates and the rate per mile charge, received and filed.

     Jamie Croteau, Administrative Services Director, addressed the Board to present the request as outlined in the agenda memorandum.  She stated the proposed ordinance would increase the nonconsensual and trespass tow rates to $112 and lower the mileage charge from 15 miles to 10 miles.

     Mike Seamon, 4718 Edgewater Dr., addressed the Board to state he represents the Professional Wrecker Operators of Florida (PWOF).  He stated staff has done a great job on the ordinance, but he would like to get the Board’s attention that all other counties have a storage rate of $20.00, whereas, Seminole is at $15.00.  He requested the Board increase Seminole County’s storage rate to $20.00.

     Ms. Croteau explained for Commissioner Carey why “the unincorporated territory of” was stricken from paragraph one of Page 2.

     Mark Jones, 117 Maskes St., addressed the Board to advise he is the owner of Courtesy Towing.  He spoke in support of the towing rates increase.

     Robert Cortes, 245 Orange Ave., addressed the Board to state he is the owner of Cortes Towing Service and he is here to speak on behalf of his business and industry.  He spoke with regard to increasing the storage rate from $15 to $20 and increasing the towing rate to $115. 

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt Towing and Transport of Vehicle Ordinance #2005-25, as shown on page ________, changing the maximum trespass and nonconsensual tow rates and the rate per mile charge.

     Under discussion, Commissioner Morris stated he would like staff to review this item in six months with regard to the gasoline rates and storage fee rates for the six-county area.

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

EVALUATION AND APPRAISAL REPORT (EAR) 2006

     Cathleen Consoli, Senior Planner, addressed the Board to request direction regarding the list of major key planning issues to be included in a Letter of Understanding with the Department of Community Affairs (DCA) and addressed in the EAR 2006.  She displayed a PowerPoint Presentation and reviewed the following:  Content of the EAR, Required EAR Items relating to Community-wide Assessments, Evaluation of Major Issues, and Special Topics.  She continued by reviewing How Issues Were Identified; and the following List of Issues Identified in the meetings:  Neighborhood Protection, Intergovernmental Coordination, Libraries, Protection of Designated High Intensity Planned Unit Development/Economic Development Target Areas for Targeted Industries, Infill Development and Redevelopment, Strengthen Citizens Voice by Making a Plan More Accessible and Understandable, Affordable Housing, and Drainage Needs.  She stated once the SJRWMD has completed the Water Supply Plan, staff will update that and bring it back to the Board by Spring 2006. 

     Commissioner Morris stated he feels the process is going really well and he would like to commend staff for their work on this. 

     Commissioner Carey stated she feels that an effort to simplify the reading so that people can understand it is important.

     Polly Miller, 121 Lark Spur Drive, addressed the Board to state she has reviewed the 1991 Comprehensive Plan and a great deal has been accomplished.  She stated she feels the accomplishments should be listed in the EAR.

     Peggy Green, 615 Grand Chenier Cove, addressed the Board to state she was comparing the 1991 Comp Plan with the 20/20 Vision Plan and staff has done a superb job.  She stated the average size park is 50 to 725 acres and it is wonderful that these parks are throughout the County.  She submitted a copy of the Vision 20/20 Comprehensive Plan (received and filed) relating to the recreation and open space element.  She stated the Big Oaks Ranch has been providing passive recreational services for years.

     Speaker Request Forms were received and filed.

     Commissioner Van Der Weide stated he feels the County is on the right track.

     Ms. Consoli stated staff will bring back a draft Letter of Understanding next month.

CONSENT AGENDA (Continued)

     Commissioner Morris stated he had an opportunity to meet with staff regarding Item #9, Approval of Grant Application to Florida Communities Trust, and Item #16, Approve Purchase Agreements for the acquisition of 2.63 acres located in the center of Jetta Point.

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

 9.  Approval of submitting to Florida Communities Trust, Florida Forever Grant Application for the purchase of three additional parcels for Jetta Point Park.

16.  Chairman to execute Purchase Agreements, as shown on page ________, for the acquisition of 2.63 acres located in the center of Jetta Point for $385,000.

 

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

COUNTY MANAGER’S BRIEFING

     Commissioner Morris stated he will be leaving for his son’s graduation.  The Board will be updated on the library services.  He stated he recognizes the series of proposals that are being made.  Oviedo and Winter Springs want new libraries, Lake Mary needs expanding, Sanford needs something done, and the college wants something done as well.  He stated he feels if the Board goes to the voters, they should go with a request that will match what the needs are.  Also, he feels the County should take an opportunity to look at what Seminole Community College (SCC) is saying to see if there are some opportunities.  He said clearly the original library proposal didn’t go well with the Board.  He added he is in support of moving forward and doing it right.

     Commissioner Morris left the meeting at this time.

     Suzy Goldman, Library & Leisure Services Director, addressed the Board to display and review a PowerPoint presentation relating to Seminole County Vision and Seminole County Mission.  She displayed and reviewed a map showing the locations of the libraries in Seminole County.  She continued by reviewing the Benchmarks; State Aid to Libraries Requirements and Services that are Currently Offered, Resident Requests, and Partnership Request; and How Request Services are Gauged. 

     Ms. Goldman informed Chairman Henley that at the end of last year, staff had approximately 3,000 requests for additional space.

     Mr. McMillan left the meeting at this time.

     Ms. Goldman continued by reviewing What they are Asking to Look at for Space Allocation; Option A; Option B; and Option C, along with the Capital/Operating Costs of each option.

     Commissioner Van Der Weide stated for years he has been suggesting that they may want to coordinate with the school libraries. 

     Mr. McMillan reentered the meeting at this time.

     Discussion ensued relative to using school libraries and if staff has contacted the city mayors and managers to see if they would help fund the library operations. 

     Commissioner Carey stated if the cities are willing to participate, it would be nice to see it as a part of the option package.

     Chairman Henley stated he feels they should revisit the impact fees for libraries.

     Commissioner Dallari submitted a resolution (not received and filed) from the City of Oviedo indicating they are interested in working with the County Manager in trying to do a joint library with the County and the City.

     Commissioner Carey stated it seems the cities and the college is interested as well as the YMCA in discussing some joint use opportunities.  Before the Board can act on any of these options, staff needs to go out to the communities to discuss these issues.  She stated when she goes to a library, she goes to the one closest to her home.  She said she doesn’t think the Board has the right information to discuss this further. 

     Commissioner Dallari stated there is more information out there and each city he has spoken to would like to be involved in the planning.

     Mr. Grace stated he would like some input from the Board on what kind of process they would like to see.  He stated he is not sure if it makes sense to create a new group. 

     Chairman Henley stated the next step is to get representatives from the cities so they can review what is already being done, how do they want to partner and how do they want to fund is a policy decision.  Staff will have to be involved in the details.

     Commissioner Carey stated SCC has campuses in Lake Mary and Oviedo, and they are about to build one in the Altamonte Springs and Heathrow areas.  She stated staff has had a lot of discussions about this but they have not been talking to other people.   She believes it would have a lot of value to have these discussions to see if they are interested and are they willing to pay.  The County has a number of facilities that are sitting empty right now.  They can maintain them so they can put administrative staff in them.

     Commissioner Van Der Weide stated a space study may be necessary as he would like to know what all the possibilities are before they go to the public. 

     Chairman Henley stated location is something that needs to be looked at.  He stated he would like to know if the neighborhood libraries are more of a demand and will it impact traffic if regional libraries are built verses the community libraries.

     Commissioner Carey stated all of the cities are working on a revitalization plan and they are trying to create an activity center.  She stated she feels there are lots of opportunities out there for land swaps and all kinds of proposals they haven’t thought about.

     Commissioner Dallari requested that Mr. Grace speak to the city managers to see what they are willing to put on the table and report back to the Board.

     Upon inquiry by Commissioner Carey, Chairman Henley advised the City/County Advisory Committee has three areas that need to be worked on first and other data will come back to the Board at the next meeting.  The staffs were instructed to determine a process to approach each of the agenda items.  He said libraries were one of them.

     Commissioner Dallari stated he feels it would be prudent to have a letter sent by the Chairman asking what each city wants to put on the table.

     Chairman Henley stated he and Mr. Grace will draft a letter and send it directly to the mayors and councils.  He stated if the Board wants to do a space study, the location and past services should be reviewed.

     Mr. Grace stated a consultant will do what staff just did.  He stated he feels the Board already has a lot of information, but it is a matter of coming up with a plan that the Board is comfortable with.  Discussion ensued.

     The Board directed that a market research study be conducted to see what is important to the citizens.

     Ms. Goldman concluded by briefly reviewing Option D.  She stated this option is very cost effective.

     Chairman Henley stated he feels the operations are something that they need to approach the cities with as well as the impact fees for an additional source of revenues.  He stated he also would like to know how that stacks up with the impact fees for libraries in other central Florida counties.

     Mr. Grace stated they are going to use a City/County Advisory Committee and then staff will do a market research study for feedback.  They will send a letter to the cities as well.

COMMUNICATIONS AND/OR REPORTS

 

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

1.  Copy of memorandum dated 5/9/05 to Commissioner Morris from David Gregory, Acting Environmental Services Director, re: 17/92 Wastewater Force Main in south Seminole County.

 

2.  Copy of memorandum dated 5/13/05 to Department Directors and Managers from Kevin Grace, Co. Manager, re: Revised Cell Phone and Blackberry Policy.

 

3.  Letter dated 4/27/05 to BCC (with attachment) from Michael Granger, Tax Audit Supervisor-Dept. of Business and Professional Regulation, re:  Alcoholic Beverage license fees received.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director)

 

4.  City of Lake Mary variance Public Hearing meeting notice on 6/2/05.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

5.  Copy of memorandum dated 5/13/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

6.  City of Sanford notice of annexation Public Hearing on 5/23/05.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Support Services, Property Appraiser, Elections)

 

7.  Letter dated 5/10/05 to BCC (with attachment) from Molly deVivero, Project Manager-Bentley Architects, re: American Village Academy.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

8.  Letter dated 3/31/05 to Chairman (with attachment) from Gary Causey, Director, Community Planning & Development Division-U.S. Dept of Housing and Urban Development, re: Annual Performance Assessment – 2003 Program Year.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

9.  Notice and agenda for Seminole County Port Authority meeting May 9, 2005.

 

10.  Copies of letters of appreciation from Ken Roberts, Director-Public Safety, to the following:  Andrea Allen, Celena Richter, Linda Pedicone, Joseph Lesica, Pamala Barnes, Kathryn Lachat, Jackie Goodman, and Paula Young.

 

11.  Copy of letter dated 5/18/05 (with attachments) to Ray Eubanks, Department of Community Affairs, from Chairman Henley re: Not adopted Spring 2005 Large Scale Plan Amendment.

 

12.  Memorandum dated 5/20/05 to BCC (with attachments) from David Medley, PhD, Division Manager, re: 2nd Quarter Status Report for Community Service Agency Grants.

 

13.  Letter dated 5/16/06 to BCC from Jim Logue, President-Black Hammock Association; Stanley Stevens, President-Chuluota Community Association; Richard Creedon, President-Geneva Citizens Association and Rocky Harrelson-Sustainable Community Advisory Council, re: Seminole County Natural Lands.  (cc:  Co. Manager, Deputy Co. Managers, Planning & Development Director)

 

14.  Memorandum dated 5/20/05 to BCC (with attachments) from Kevin Grace, Co. Manager, re: Oviedo’s Shane Kelly Park.

 

15.  Copy of memorandum dated 5/20/05 to Commissioner Carey (with attachments) from Kevin Grace, Co. Manager, re: Employer Provided Health Care.

 

16.  Copy of memorandum dated 5/17/05 to Commissioner Carey (with attachment) from Sally Sherman, Deputy Co. Manager, re: Locally imposed fuel taxes. (cc:  BCC)

 

17.  Copy of memorandum dated 5/16/05 to Commissioner Carey (with attachment) from Sally Sherman, Deputy Co. Manager, re: Average Cost for gas per household.  (cc:  BCC)

 

18.  Letter dated 5/12/05 to Chairman from George Gilhooley, P.E., District Secretary-FDOT District 5, re: Co. Incentive Grant Program.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Co. Engineer)

 

19.  Letter dated 5/12/05 to Chairman from James Berko, Executive Director-Seminole Community Mental Health Center, Inc., re: CTOP Funding at close of 2005 legislative session.  (cc:  BCC, Community Services Director)

 

20.  Letter dated 5/16/05 to BCC (with attachment) from Linda Watson, Chief Executive Officer-LYNX, re: LYNX Road Rangers program.

 

21.  Letter dated 5/20//05 to BCC from Diane Pickett Culpepper, Bright House, re: Programming additions.

 

22.  The Affordable Housing Study Commission-Final Report 2004.

 

23.  Letter dated 5/17/05 to All Co. BCC’s (with attachment) from R. Alexander Glenn, Progress Energy, re: Synopsis of April 29, 2005 Rate Request.  (cc:  Co. Manager, Deputy Co. Managers)

 

24.  Copy of letter dated 5/13/05 to Oviedo Woman’s Club from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

25.  Copy of memorandum dated 5/23/05 to Commissioner Carey (with attachment) from Sally Sherman, Deputy Co. Manager, re: ADA service cost history-estimated cost for FY 05/06.

 

26.  Contract for services, as shown on page ________, between Seminole Co. Government and the following:  Francis Bussey (Slow Pitch Softball Scorekeeper) and Jaclyn Walker (Slow Pitch Softball Scorekeeper).

 

CHAIRMAN’S REPORT

     Chairman Henley stated the Joint City/County Advisory Committee held their second meeting and each of the elected officials from the municipalities were able to attend except for the Mayor of Oviedo.  They selected the number from PBAS to serve on the Board, but were unable to complete the board membership because a couple of those chambers had not gotten their nominations.  Also, a couple of the cities had not taken up their priorities, but the representatives agreed on stormwater, parks and recreation, and libraries.  The committee has agreed to meet on the third Wednesday of each month at 3:00 p.m.  It will be broadcast and it will be operating under the Sunshine law.

     Commissioner Van Der Weide stated people that are on the advisory committee are elected officials and they have to be under the Sunshine law.

     Mr. McMillan stated he has had some discussions with Katie Riceman, City Attorney of Casselberry and they are debating the issue of exchanging information.  He said he understands that it is not a formal County or City advisory board and it is a private ad hoc committee of community leaders and they are not under the Sunshine law.  The fact that there are two County commissioners and two City commissioners on the committee, it has to be posted because under State Sunshine law it is basically a meeting of each governing body.  The advisory committee is not a Sunshine committee and from his view, the issue of mayors and managers is not affected.  Any two members of this committee could talk to each other but for the fact that they sit on the same governing body. 

Ms. Riceman indicated that is not the understanding of some of the cities.  The City of Casselberry has delegated some authority to their members on this committee.  Ms. Riceman indicated that she would like an interlocal agreement between the cities and county defining what is the scope of the committee so that they could discuss anything else among themselves.  That makes it a formal committee if that is done.

     Commissioner Carey stated it is her understanding that when the Board talks about this advisory board, it is an opportunity for the City and County elected officials to sit down and talk about these issues but they cannot take any action until they go back to their Boards.

     Mr. McMillan stated he will be getting back with Ms. Riceman to try to resolve that issue.  A resolution of understanding may need to be adopted by each city indicating that it is not an official board and recognizing that it is a community group.

     Chairman Henley stated the mission of that group was to identify, evaluate, and recommend services that they may be able to partner as a county and/or cities.  Any area of service that is rendered by the cities or the county, where they may be able to partner, is open for discussion.  The committee is attempting to select those issues that they feel are doable and will benefit the citizens.  One good thing that came out of their discussions was they had a composite list of the ways the Cities and County were operating, and they didn’t have any idea how many ways or if they were cooperating.

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey stated she spoke to the Markham Woods Homeowners Association on May 16 and they have a lot of issues out there.

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     Commissioner Carey stated she would like to thank everyone who cooperated in the joint meetings with the School Board and the cities in discussing schools and to lay it out on the table.  She stated she is hoping they will have some follow-up information from the May 19 meeting.  She said it was well attended and a lot of input was taken.

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     Commissioner Carey announced that the Wekiva River Committee will be meeting on Thursday, May 26, 2005, at the Regional Planning Council office.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to appoint Jerry Ames to the Code Enforcement Board for a 3-year term ending 1/1/08.

     Districts 1, 3, 4 and 5 voted AYE.

COMMITTEE REPORTS

     No Report.

COUNTY MANAGER’S REPORT

     Mr. Grace informed the Board that the County has received a substantial check from FEMA of about $10 million.  He stated the County still has a 5% budget freeze in place and there are some items that have become critical and need to be unfrozen.  He said he will be reviewing those with the Board and he will also be keeping the freeze in place for the rest of the year.

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     Mr. Grace stated staff has negotiated a letter agreement, as shown on page ________, with the University of Central Florida (UCF) radio station.  He stated the County will have up to 20 minutes per hour on Station 89.9 FM during an emergency.  It will be a very good coverage of the entire county except for the far eastern fringes.  He said it will cost about $5,000 and he feels this is a cost-effective thing.

     Upon inquiry by Commissioner Van Der Weide, Mr. Grace advised they will be implementing the agreement this week and that will be publicized on the website.

     Commissioner Van Der Weide stated that information should be placed with the utility bill.  He requested staff to contact the cities to see if they would include that in their utility bills as well.  These are the type of things that the residents put on their refrigerators.

     Commissioner Carey advised the Legislature passed a bill that hurricane related items will be tax-exempted between June 1 through June 12, 2005.

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     Mr. Grace stated he has discussed with each commissioner a proposal regarding a process of ranking and selecting engineering services especially when an estimated annual contract is over $1 million.  He stated these proposals are reviewed, evaluated and ranked by staff and then sent to the Board for approval.  He said he would like to propose a different process with staff reviewing, interviewing the firms and then provide a short-list of firms, but those firms would be unranked.  He added the Board would then take that information to rank.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to approve the County Manager’s proposal of allowing staff to review, interview the firms and then provide a short-list for engineering services contracts that are over $1 million and then the Board would rank same.

     Districts 1, 3, 4 and 5 voted AYE.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:25 p.m., this same date.

 

 

ATTEST______________________Clerk_____________________Chairman

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