BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

JUNE 10, 2008

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, June 10, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Mike McLean (District 2)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Circuit Court Maryanne Morse

     County Manager Cindy Coto        

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Pastor Jim Bradshaw, 1st Methodist Church, Sanford, gave the Invocation. 

     Commissioner Dick Van Der Weide led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-133, as shown on page _________, supporting the development and implementation of a recycling program for waste paper, plastic and aluminum drink containers at each of Seminole County’s High Schools. 

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

     The Resolution was presented to School Board Chairman, Diane Bauer, who addressed the Board to express her appreciation on behalf of the student government leaders. 


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     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-134, as shown on page _______, proclaiming June 19, 2008 as “National Dump the Pump Day” in Seminole County. 

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

     The Resolution was presented to Jay Marsh of LYNX, who addressed the Board to express his appreciation for the BCC’s leadership. 

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     David Grovdahl, Metroplan Orlando, addressed the Board to give a PowerPoint presentation (copy received & filed) on the Environmental Protection Agency’s New Air Quality Standards.  He compared the new standards versus the old ones of the Clean Air Act of 1990.  He stated there are four monitoring sites in the area and the monitoring region consists of Orange, Osceola and Seminole Counties.  He displayed a map of the country showing the areas that are at non-attainment.  In Florida, the panhandle and the Tampa Bay areas are at non-attainment.  He explained the timeline for meeting the standards, advising after the Federal and State review (2010), the MPO will have a year to do a conformity evaluation and budget which will be submitted to the EPA.  He said at the same time they will provide all their information to the State Department of Environmental Regulation; and they will include this in the State’s plan.  At that time, the clock starts running to be in compliance.  He reviewed the key components of conformity determination, stating if a new industry is asking to come into the County, the County must find off-setting emission reductions or the development must be denied.  He displayed charts showing the Current Attainment Status for each testing site.  He said the EPA estimated costs for implementing the new ozone standard is between $7.6 and $8.8 billion.  If attainment is not reached, the EPA can freeze all Federal highway funds for the County.  He advised of the Atlanta lawsuit that went all the way up to the Supreme Court who ruled against Atlanta and sided with the EPA, stating they can freeze those funds. 

     Mr. Grovdahl continued his presentation by reviewing the different pollutants of greenhouse gases, stating Carbon Dioxide is one of the main ones.  He outlined the ways to reduce Carbon Dioxide and the barriers to reducing it. 

     Commissioner Henley thanked Mr. Grovdahl for his presentation, stating these new standards will have tremendous implications on the Board and the community.  He added that it is important for the community and the Board to know what is coming down the pipe. 

     Mr. Grovdahl advised two years ago Metroplan entered into a five-year contract with UCF to prepare an air quality contingency plan, and that report is due in three years. 

     Chairman Carey stated there are some simple things that the citizens can do to help with this problem and they are listed on the Metroplan web site.  She added that she would like to know specifically what Miami/Dade County did to get into compliance. 

     Commissioner Dallari thanked Mr. Grovdahl for his presentation and Commissioner Henley for suggesting it. 

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Cindy Coto, presented her agenda, advising of the following revisions/clarifications:  (1) Item #10, Award of RFP-600223-07/GMG – estimated cost of the project is $500,000 “annually”; (2) Item #18, Award of RFP-600367-08/GGM – each project will be assigned a CIP number and the only one that can assign that number is the BCC so each project will come before the Board with an associated budget for approval; (3) Item #20, Tourism Office Lease – minor revisions to the lease which the County Attorney okayed; (4) Item #22, Request for public hearing to amend Code relating to the Affordable Housing Advisory Committee – added a notice to supplement the proposed ordinance; and (5) Item #27, Orange County Housing Finance Authority Revenue Bonds for Town Parke Apartments – added information that there were no comments received at the TEFRA hearing. 

     Commissioner Dallari stated that he did meet with the staff with regard to Item #18 and he would like the Memorandum sent to the Board by staff, referencing the CIP number and process for same, attached to the agenda item for the Record.  Whereupon, Ms. Coto stated she will supply that for the Record. 

     Commissioner Henley stated he wants it clear that the contract for RFP-600367-08 will only be renewed by the BCC.  Ms. Coto concurred. 

     Chairman Carey requested Item #13, CC-3076-08/DRR, be continued until the next BCC meeting, as she has some questions about doing a 16-inch potable water main extension down Longpond Road. 

     Commissioner Henley pulled for a separate vote Item #9, CC-3112-8/RTB, reconstruction of the Animal Control Facility Building. 

     Discussion ensued with regard to Item #20, Tourism Office Lease.  Commissioner Henley stated foot traffic is not an issue for this office and this lease will be more expensive. 

     Economic Development Director, Bill McDermott, addressed the Board to advise Commissioner Henley that the current lease runs to October 2009.  He said the problem he has with the Longwood office is it is a building that has seen better days and he classifies it as Class B office space.  He further said it is difficult to find and his hope is that they will get more foot traffic by moving the office to the Stirling Center. 

     Commissioner Dallari stated that when the presentation was made by staff for the current location of the Tourism Office, foot traffic was not an issue and he does not know what has changed since then. 

     Commissioner Henley requested this lease be continued until the next BCC meeting so that he can obtain more information. 

     Upon inquiry by Commissioner Dallari, Public Safety Director, Tad Stone, addressed the Board to advise Dr. Todd Huskey has looked at everyone with COPCM’s and is satisfied with the way their protocols have been followed. 

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

County Manager’s Office

 4.  Adoption of appropriate Resolution #2008-R-135, as shown on page _______, commending the Seminole County Department of Fiscal Services being selected to receive the Distinguished Budget Presentation Award for the 2-year budget Fiscal Years 2007/2008 and 2008/2009 by the Government Finance Officers Association of the United States and Canada. 

 

Administrative Services

Administration

 5.  Approve and authorize Chairman to execute an Underground Distribution Facilities Installation Agreement, as shown on page _______, with Florida Power & Light for utility connections related to expansion of the John E. Polk Correctional Facility and to pay related costs.

Purchasing and Contracts

 6.  Extend M-385-03/PWM - E-911 Lease Equipment Upgrade with BellSouth of Jacksonville, as shown on page _______, for a period of six months with a consecutive renewal option of six months at the current pricing, terms and conditions.

 7.  Approve Amendment #5, as shown on page _______, to RFP-4172-03/JVP – Scale House Management System with Carolina Software, Wilmington, NC.

 8.  Award IFB-600354-08/GMG – Term Contract, as shown on page _______, for Sale of Fill Dirt Material to Al Bailey Trucking, Orlando.

10.  Award RFP-600223-07/GMG Contract, as shown on page _______, Radio-Based Automatic Meter Reading for Seminole County Environmental Services Department to Badger Meter Inc., Milwaukee, Wisconsin.

11.  Award RFP-600226-07/GMG Contract, as shown on page _______, Appraisal Services Agreement for Chapman Road Improvement Project to Clayton, Roper and Marshall (CRM), Altamonte Springs.

12.  Award RFP-600227-07/GMG Contract, as shown on page _______, Real Estate Acquisition Services Agreement for Chapman Road Improvement Project to The Triece Company, Debary.

13.  Continued until the next BCC meeting consideration of the award of CC-3076-08/DRR in the amount of $524,347.95 to Cathcart Contracting Co., of Winter Springs, Florida, for all labor, material, equipment, transportation, coordination and incidentals necessary to complete the installation of approximately 4,400 linear feet of 16-inch potable water main extension and a 2-inch fiber optic conduit to run the length of Longpond Road between Interstate 4 to the east and Markham Woods Road to the west.

14.  Approve Amendment #3, as shown on page _______, to RFP-4242-05/GMG (Part A) – Term Contract for the Purchase of Road Construction Products and Related Materials and In-place Services with Orlando Paving Company, Orlando.

15.  Approve Work Order #76, as shown on page _______, to PS-5150-03/AJP - Master Agreement for General Environmental Services in the amount of $56,371.97 with Water & Air Research, Inc. of Gainesville, Florida, and authorize the County Manager to execute the Work Order.

16.  Approve ranking list and authorize staff to negotiate rates for PS-3065-08/DRS - Continuous Construction Engineering and Inspection Services Agreement for SR 434 Widening and Resurfacing from Montgomery Road to I-4 with Mehta & Associates of Winter Park, Florida (Estimated Usage Amount of $1,300,000.00 over the term of the Agreement).

17.  Approve ranking list and authorize staff to negotiate rates for PS-2774-07/JVP Continuous Construction Engineering and Inspection Services Agreement for Bunnell/Eden Park Rd., with Keith & Schnars, Inc. of Altamonte Springs, Florida (Estimated Usage Amount of $1,500,000.00 over the term of the Agreement).

18.  Award RFP-600367-08/GGM Contract, as shown on page _______, Temporary Personnel Services for ITS Department to Cyberbest Technology, Inc., Orlando; Robert Half International, Orlando; and TEK Systems, Orlando.

19.  Approve an increase to the Board approved Estimated Annual Usage for PS-0984-06/TLR - Regional Stormwater Facilities (RSF) Treatment Efficiency Monitoring and Assessment Master Agreement by an additional $125,000.00 per year.

 

Support Services

20.  Continued until the next BCC meeting consideration of request to approve and authorize the Chairman to execute the Tourism Office Lease at the Stirling Center with Stirling 1, LLC.

 

Community Services

Community Assistance

21.  Approve and authorize the Chairman to execute the Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program or Emergency Repair Housing Program:  George & Idalia J. Augustin; Wanda Elaine Badger & Emma Lee Huggins; Judy A. Banks; Charlotta Boykins; Michael Bradley; Sandra L. Buck; Zenovia Camacho; Samuel T. & Harrie L. Chisholm; Evelyn Corchado; Ronald E. Diller; Geneva & Lahoma Fayson; Mary Hall; Jasimin E. & Cesar Iglesias; Donnie & Louvern Jackson; Alvarise L. & Priscilla James; Elvera P. Klotz; Doris Letendre; Debra Lovett; Efrain & Cielo Mejia; Mary A. Mincey; Bernice Mitchell; Margaret Ortkiese; David G. Porter; Gregg & Anne R. Thompson; Regina Vallot; Dorothy Weeks; Charles W. & Terry L. White; Sheila White; Shirley Williams; and James Young.

22.  Authorization from the Board to schedule and advertise a public hearing amending Sections 40.262, 40.267 and 40.268 of Chapter 40, Part 12 Seminole County Code; revising certain terms, conditions and requirements for the County's Affordable Housing Advisory Committee membership, tenure, duties and responsibilities in conformance with Section 420.9076, Florida State Statutes.

 

Environmental Services

Business Office

23.  Authorize release of the Performance and Payment Agreement with Letter of Credit #55101928 in the amount of $67,000.00 for the project known as Maple Leaf Commerce Center.

Planning Engineering Inspections

24.  Approve and authorize the Chairman to execute a Memorandum of Right-of-Way Consent Agreement and Right-of-Way Consent Agreement, as shown on page ________, needed in conjunction with CIP Project "Elder Road/Orange Blvd. Water Main and Force Main". 

25.  Accept the new Utility and Access Easement, as shown on page _______, from Daniel C. Hull & Cheryl D. Cummings, located on the northern side of Lot 1, Apple Valley Subdivision.

Water and Sewer

26.  Approve and authorize the Chairman to execute the Emergency Water Supply Interconnect Bear Lake Water System and Emergency Water Supply Interconnect Mirror Lake Agreements, as shown on page _______.

 

Fiscal Services

Administration – Fiscal Services

27.  Approve and authorize the Chairman to execute appropriate Resolutions #2008-R-144 and #2008-R-145, as shown on page _______, ratifying the issuance by Orange County Housing Finance Authority of the Multifamily Housing Revenue Bonds in an amount not to exceed $9,000,000.00 for Town Parke Phase I and $4,800,000.00 for Town Parke Phase II, respectively.

Budget

28.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-136, as shown on page _______ implementing Budget Amendment Request (BAR) #08-61 through the Public Safety Grants Fund in the amount of $1,694,703.00 for improvements to the County’s E911 system.

29.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-137, as shown on page _______, implementing Budget Amendment Request (BAR) #08-63 through the State Housing Initiatives Partnership Grant Fund in the amount of $785,941.00 to increase funding for the "SHIP" grant program.

30.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-138, as shown on page _______, implementing Budget Amendment Resolution (BAR) #08-66 through the Water and Sewer Bond Fund, Series 2006 in the amount of $187,473.00 to increase funding for the Apple Valley Pump Station Project.

31.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-139, as shown on page _______, implementing Budget Amendment Request (BAR) #08-67 through the Self-Insurance Fund in the amount of $200,000.00 for the rebuild of the Midway Community Center.

32.  Approve and authorize the Chairman to execute the Budget Change Request (BCR) #08-24 through the General Fund in the amount of $107,891.00 in order to fund the acquisition of the OnBase/Workflow software.

33.  Approve and authorize the Chairman to execute the Budget Change Request (BCR) #08-25 through the General Fund in the amount of $8,100.00 in order to fund the Tower Top Amplifier project.

34.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-26 through the Facilities Maintenance Fund in the amount of $127,454.00 to provide additional funding for the Public Safety Building Server Room HVAC project.

 

Leisure Services

Natural Lands

35.  Approve and authorize the Chairman to execute the Land Donation Agreement, as shown on page _______, for 9.59 acres adjacent to the Spring Hammock Preserve, owned and offered for donation by Mr. James Bryan, III.

 

Library Services

Administration

36.  Approve and authorize Chairman to execute Service Agreements, as shown on page _______, with various contractors as follows:  Steve Knight, Glenn Sinclair, Darlene Stewart, Tim Scarbrough, Richard Samlin, and Banks Helfrich to provide children’s programs at the branch libraries as part of the Summer Reading Program.

 

Planning and Development

Development Review

37.  Approve and authorize the Chairman to execute the final plat for Devon Green Phase IV, containing 8 single family residential lots on a 2.50 acre parcel zoned PUD (Planned Unit Development), located at the end of Glencrest Drive within the Heathrow Planned Unit Development, on the north side of Lake Mary Blvd. and west of I-4.  (Heathrow Country Club, LLC, Heathrow Land Company Limited Partnership and Devon Green Neighborhood Association, Inc.)

 

Public Safety

Administration

38.  Approve and authorize the Chairman to execute the Certificates of Public Convenience and Necessity (COPCN), as shown on page _______, for the following:  Orlando Regional Healthcare System, Air Methods d/b/a Rocky Mountain Holdings LLC d/b/a LifeNet, Florida Hospital, Rural/Metro Corporation of Florida d/b/a Rural Metro Ambulance, Central Florida Ambulance, Inc. d/b/a American Ambulance of Central Florida, Casselberry Fire Department, Lake Mary Fire Department, Longwood Fire Department, Oviedo Fire Department, Sanford Fire Department, Seminole County EMS/Fire Rescue Division, and Winter Springs Fire Department to become effective July 1, 2008.

Emergency Management

39.  Approve and authorize the Chairman to execute the Memorandum of Understanding, as shown on page _______, between Seminole Home-based Emergency Assistance Response Team (Seminole H.E.A.R.T.) and Seminole County (County) for the purpose of establishing Seminole H.E.A.R.T. as the Long Term Recovery Committee serving the citizens of Seminole County.

 

Public Works

Engineering

40.  Adopt and authorize the Chairman to execute appropriate Resolution of Necessity #2008-R-140, as shown on page _______, for the Chapman Road Project.

Traffic Engineering

41.  Approve and authorize the Chairman to execute the Traffic Enforcement Agreement, as shown on page _______, between Seminole County, Seminole County Sheriff’s Office and The Estates at Wekiva Park Homeowners Association, Inc.

 

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

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     Discussion ensued with regard to Item #9, award of CC-3112-08/RTB, reconstruction of the Animal Control Facility Building.  Commissioner Henley stated the Sanford company’s bid was only a few hundred dollars more and he would like to give them preference because they are a local company. 

     Purchasing Manager, Ray Hooper, advised the Purchasing Code stipulates that the award will be made to the lowest bidder. 

     County Attorney, Robert McMillan, concurred. 

     Commissioner Henley stated he would like Mr. McMillan to draft some language so that in the future the Board can consider local preference as a criteria. 

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to award CC-3112-08/RTB Contract, as shown on page ________, in the amount of $364,990, to Abba Construction, Inc. of Jacksonville, Florida for all labor, materials, equipment, tools, transportation, services and incidentals necessary for the reconstruction of the Animal Control Facility Building located at 232 Bush Blvd., Sanford. 

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

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     Motion by Commissioner Henley, seconded by Dallari to direct the County Manager and County Attorney to develop language allowing the BCC to consider local preference when awarding hard bids and RFP’s. 

     Under discussion, Commissioner Dallari asked that staff define what local preference is. 

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

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve a proposed negotiated settlement relating to Parcel Number 848 on the Lake Emma Road improvement project, Sun Life Assurance Company of Canada property, at the sum of $374,116.62 inclusive of all land value, improvements, cost to cure, damages, statutory interest, total attorney’s fees, expert fees and cost reimbursements. 

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

     Commissioner Van Der Weide left the meeting at this time. 

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

43.   Expenditure Approval Lists, as shown on page _______, dated May 12 & 19, 2008; Payroll Approval List, as shown on page _______, dated May 15, 2008; BCC Minutes dated May 1 & 6, 2008; and noting, for information only, the following Clerk’s “received & filed”: 

 

 1.  Tennis Developmental Instructor Agreement, as shown on page _______, with Peter Mainelli.

 

 2.  Work Orders #60 and #61, as shown on page _______, to CC-1267-05.

 

 3.  Change Order #1, as shown no page _______, to CC-2213-07.

 

 4.  Work Order #29, as shown on page _______, to PS-1074-06.

 

 5.  Work Order #26, as shown on page _______, to PS-1529-06.

 

 6.  Second Amendment, as shown on page _______, to M-485-05, Infrastructure Management Services, Inc.

 

 7.  Change Order #1, as shown on page _______, to CC-2641-07.

 

 8.  Maintenance Bond, as shown on page _______, in the amount of $16,237 for Riverview Avenue and Narcissus Avenue ROW @ Riverview Townhomes.

 

 9.  Work Orders #64, #65, #66 and #67, as shown on page _______, to CC-1220-03.

 

10.  Amendment #3, as shown on page ______, to M-1949-07, Peninsula Engineering, Inc.

 

11.  Change Order #2, as shown on page _______, to CC-2546-07.

 

12.  Work Order #18, as shown on page _______, to PS-1501-06.

 

13.  Cash Maintenance Bond with Escrow Agreement, as shown on page _______, in the amount of $1,228.10 for Fifth Third Bank.

 

14.  Change Order #7, as shown on page _______, to CC-1416-06.

 

15.  Title Certification, as shown on page _______, for BSP/Carrigan-Alafaya.

 

16.  Memoranda, as shown on page _______, dated April 24 and April 30, 2008, to Cindy Coto, County Manager, from Ray Hooper, Purchasing and Contracts Manager, regarding approval of administrative change requests to listed Work Orders.

 

17.  Memorandum, as shown on page _______, dated April 25, 2008, to Cindy Coto, County Manager, from Robert Hunter, Procurement Supervisor, for Ray Hooper, Purchasing and Contracts Manager, regarding approval of administrative change requests to listed Work Orders.

 

18.  Miscellaneous Contract #M-600431-08, as shown on page _______, SiteSecure, Inc.

 

19.  Bill of Sale, as shown on page _______, dated April 4, 2008, for Alaqua Country Club, Club House Tract.

 

20.  Development Order, as shown on page ______, for W. Chapman Road Rezone, Chuck Blankenship, as approved by the BCC on January 22, 2008.

 

21.  Sidewalk Easement, as shown on page ______, granted by Continental 209 Fund LLC (Continental Properties Company, Inc.) to Seminole County regarding Rinehart Road.

 

22.  Development Order, as shown on page ______, for 1034 Manchester Circle, Jimmie L. & Pamela Jones.

 

23.  Utility Agreements, as shown on page _______, for Water and Sewer Service with Heathrow RI Associates, LLC.

 

24.  Letter of acceptance and Bill of Sale, as shown on page _______, for Boys Town of Central Florida.

 

25.  Letter of acceptance and Bill of Sale, as shown on page _______, for Family Dollar/Just Brakes.

 

26.  Amendment #1, as shown on page _______, to Work Order #13 for PS-0381-06.

 

27.  Copies of e-mails dated May 8 and 12, 2008, from Bruce McMenemy, Clerk’s Office,  to Cindy Coto, County Manager, regarding Salary Change for Commission.

 

28.  Copy of e-mail dated May 9, 2008, from Cindy Coto, County Manager, to Bruce McMenemy, Clerk’s Office, regarding Salary Change for Commission.

 

29.  Work Order #17, as shown on page _______, to PS-5182-05.

 

30.  Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for Westwood Village.

 

31.  Amendment, as shown on page _______, to Conditional Utility Agreements for Water and Sewer Service with Savannah Meridian Acquisition Group, LLC.

 

32.  Letter of acceptance and Bill of Sale, as shown on page _______, for the project known as Enclave.

 

33.  Work Orders #1, #2 and #3, as shown on page _______, to PS-2249-07.

 

34.  Copy of letter to the BCC from Clerk Maryanne Morse regarding Standard & Poor’s assessment and rating of Seminole County’s Investment Portfolio.

 

35.  Change Order #3, as shown on page _______, to RFP-2086-07.

 

36.  Litigation Consultant Services Agreement, as shown on page _______, with Ellen Hardgrove, AICP, Planning Consultant, Inc.

 

37.  Amendment #1, as shown on page _______, to Litigation Consultant Services Agreement with GAI Consultants, Inc.

 

38.  Work Order #2, as shown on page _______, to PS-1742-07.

 

39.  Work Order #5, as shown on page _______, to PS-0984-06.

 

40.  Amendment #12, as shown on page _______, to BD-260-01, The Trane Company.

 

41.  Second Amendments, as shown on page _______, to RFP-4232-04 with Carter Burgess and Land Design Innovations Incorporated.

 

42.  Second Amendment, as shown on page _______, to RFP-4233-04 with GMB Engineers & Planners, Inc.

 

43.  Work Order #27, as shown on page _______, to PS-1074-06.

 

44.  Memorandum to Liz Parkhurst, Planning & Development, from Sandy McCann, Commission Records, regarding outstanding P&D documents.

 

45.  Amendment #4, as shown on page _______, to #M-1947-07, Peninsula Engineering, Inc.

 

46.  Change Order #5, as shown on page _______, to CC-2143-07.

 

47.  Partial Release of Mortgage and Warranty Deed, as shown on page _______, for 210 Tech, Inc.

 

48.  Basic Contract #M-2714-08, as shown on page ______, Riley & Company, Inc.

 

49.  Work Order #25, as shown on page ______, to RFP-0225-05, MACTEC Engineering and Consulting, Inc.

 

50.  Amendment #2, as shown on page _______, to RFP-4232-04 and Amendment #2 to RFP-4233-04, Glatting, Jackson, Kercher, Anglin, Inc.

 

51.  Memorandum, as shown on page ______, dated May 14, 2008, to Cindy Coto, County Manager, from Robert Hunter, Procurement Supervisor, regarding approval of administrative change requests to listed Work Orders.

 

52.  Amendment #1, as shown on page ______, to PS-5180-05, Brown and Caldwell.

 

53.  Work Orders #6, #7 and #8, as shown on page _______, to CC-2190-07.

 

54.  Work Order #10, as shown on page ________, to CC-1284-06.

 

55.  Bids as follows:  CC-3076-08; IFB-600408-08; CC-3112-08 and CD of all Internet posted Bid Documents; RFP-600402-08; 600403-08; and IFB-600319-08.

 

Sheriff’s Office

44.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-141, as shown on page _______, implementing Budget Amendment Request (BAR) #08-68 through the General Fund in the amount of $18,000 for the Sheriff’s Child Protective Services interest appropriation. 

 

     Districts 1, 2, 4 and 5 voted AYE. 

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     The Chairman recessed the meeting at 10:30 a.m., reconvening it at 10:43 a.m., with all Commissioners present.   

REGULAR AGENDA

     Amy Raub, Natural Lands, addressed the Board to advise the BCC approved a Work Order for Glatting, Jackson to produce a master plan for the Crockett Natural Lands Property and they have drafted three alternatives for the property.  She stated the property consists of 300 acres and is located in Geneva, bordering the St. Johns River and Lake Harney.  She added that the Flagler Trail bisects the property. 

     Kelley Peterman, Glatting, Jackson, addressed the Board to give an overview of the property, advising the Board of the conditions on same.  She stated there is a trailhead located at the end of Osceola Road, existing unpaved parking, a historical marker, and a historical railroad caretaker residence (cabin).  She said there are three Bald Eagle nests, over 40 species of birds, evidence of gopher turtles, and alligators on the property.  The Eagles’ nests are located in the pasture. She advised that a workshop was held and citizens offered suggestions on what they would like to see on the property. She gave a PowerPoint presentation (copy received & filed) outlining the three alternatives.  She stated Alternative A is minimal use of the property.  It would include adding picnic tables, kayak & canoe launch, wildlife observation tower & deck overlooking the flood plain, and existing trails with very little blazing.   Alternative B would build upon Alternative A, and would add an observation tower along the St. Johns River, an interpretive pavilion, boardwalk through the wetlands up to the northern portion of the site; and the expansion of the trails for an extra loop up into the northern portion of the property.  Alternative C would build upon both Alternatives A and B, and add an upgraded additional observation deck overlooking Lake Harney and a fishing pier, a picnic pavilion across from the existing trailhead, a self-composting restroom at the parking area,  primitive camping up in the northern portion of the site adjacent to the boardwalk, and an onsite caretaker.  She advised that the public’s desired option was Alternative C. 

     Ms. Raub advised the staff recommends Alternative C, with a phased development by opening the property to the public with amenities from Alternative A, i.e., blazed trails, interpretative signage, benches, picnic tables, bridge stabilization, wildlife viewing platform and an exterior restoration of the historic cabin.  The initial cost would be approximately $118,600, which would come from the Natural Lands Bond Fund; and further development of the property could occur as funds, grants and sponsorship opportunities become available. 

     Chairman Carey questioned what is proposed to be done to the historical cabin under Alternative A. 

     Ms. Raub advised the cabin was built in 1913 and moved to the current location.  The stilts have water damage which need repair.  She added that there have been additions put on the cabin over the years and their plan is to restore the cabin so that there is no further deterioration. 

     Jim Duby, Natural Lands, addressed the Board to state they would shutter the windows and stabilize the structure. 

     Upon inquiry by Commissioner Henley, Mr. Duby advised there is currently $2.3 million in the Natural Lands Bond Fund. 

     Commissioner McLean stated hopefully there are some volunteer organizations in the County that would help with the project and reduce some of the costs. 

     Chairman Carey clarified that the request is to proceed with Alternative A and do only those things listed under that concept.  Before going to Alternatives B or C, the staff will come back to the Board for approval. 

     Commissioner Van Der Weide stressed that this money will not come from the General Fund. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to approve Alternative A as the Master Plan for the Natural Lands Crockett Property located in Geneva, which includes blazed trails, interpretative signage, benches, picnic tables, bridge stabilization, wildlife viewing platform and an exterior restoration of the historic cabin, in the amount of $118,600; and to direct staff to continue to work with YouthBuild and other volunteer organizations in order to offset some of the costs for same. 

     Under discussion, Chairman Carey stated she would like staff to research what the original cabin consisted of, restore that portion of it, and take out all the additions that detract from it.  She also expressed her concern about opening the property up to the public to the level where the County has to fund a full-time caretaker.  

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

     Chairman Carey stated that she would like to see the historical marker down by the river protected because it is starting to deteriorate. 

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     Director of Administrative Services, Frank Raymond, addressed the Board to present the Guaranteed Maximum Price (GMP) and Contract Time Agreement for the renovation and expansion of the John E. Polk Correctional Facility.  He stated staff was directed to bring in the project under $28 million and they are at $27,744,412.  He advised staff is also seeking direction on an amendment that would be a shell-out for the third floor in the amount of $1,772,591.  He said the proposal is to build the shell-out and not put the beds in at this time.  The shell-out would provide room for an additional 144 beds in the future. 

     Upon inquiry by Commissioner Dallari, the architect addressed the Board to advise that by doing the shell-out now, it would eliminate having to do the roof twice with an expansion and the elevators would already be in place. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute Amendment #1 Guaranteed Maximum Price (GMP) and Contract Time Agreement, as shown on page _______, for the expansion and renovation of the John E. Polk Correctional Facility setting a GMP of $27,744,412; and approve Amendment #2, as shown on age _______, for the alternate for the third floor shell-out addition in the amount of $1,772,591. 

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

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     Maggie Ketcham, Addressing Division, addressed the Board to present the resolution renaming Bevier Road to Martin Luther King Jr. Boulevard.  She advised there are 16 property owners along the road and staff received four letters, three phone calls, and one personal contact in opposition.  She submitted for the Record a Petition, as shown on page _______, consisting of 473 signatures in support.  Also, 15 letters in support were received. 

     District Commissioner Carey submitted for the Record letters and e-mail both in support and in opposition. 

     Upon inquiry by Commissioner Carey, Ms. Coto advised the County’s financial commitment of $3,500 for historical markers, as requested by the City of Sanford, is still available. 

     District Commissioner Carey stated she is in support of the community’s request to rename the road. 

     Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-142, as shown on page _______, renaming Bevier Road to Martin Luther King Jr. Boulevard.

     Under discussion, Commissioners Henley and Dallari included in the motion authorization for the historical marker for which funds have already been set aside.   

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

COUNTY MANAGER’S BRIEFING

     County Manager, Cindy Coto, briefly updated the Board with regard to the City of Winter Springs (Fire), advising the negotiations have gone very well and the interlocal agreement with the City will be on the June 24, 2008 BCC agenda for consideration. 

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     Ms. Coto updated the Board with regard to the Conflict Council, advising she is putting together a list of requests of the 13 counties that make up the district and are awaiting information from one other county.  She added that she will be providing that list to the Board as soon as it is completed.  She said some counties have refused to participate, others only on a temporary basis, and still others with full funding. 

     Upon inquiry by Commissioner Dallari, Ms. Coto stated that she has not received a business plan to date. 

     County Attorney, Robert McMillan, advised he believes there will be litigation with this as Leon County with Alachua County have been told to challenge the statute.  He said FAC will be voting at the end of July as to whether or not to join in the suit. 

     Commissioner Dallari left the meeting at this time. 

     Upon inquiry by Commissioner Henley, Mr. McMillan advised the Conflict Council is independent and is appointed by the Governor. 

     Commissioner Dallari re-entered the meeting at this time. 

     Commissioner Henley suggested the County Manager send a letter to the Governor and whoever oversees the position advising them of the request for a business plan. 

     Chairman Carey stated the BCC will discuss this matter again after the outcome of the FAC vote. 

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     Ms. Coto advised during the May 1 Special BCC Meeting, there was discussion on what to do with the leftover inventory for the Pat-on-the-Back Program after the program had ended.  She said there has been a run on the Darden gift cards which is the most popular award and that supply has been depleted.  She requested authorization to expend $3,000 in order to purchase more cards to finish the program until the end of the year. 

     Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize an expenditure of $3,000 for the purchase of Darden gift cards to take the Pat-on-the-Back Program until the end of the year. 

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


COUNTY ATTORNEY’S BRIEFING

     Mr. McMillan distributed copies of the proposed new travel policy for Commissioners (copy received & filed).  He advised he added a provision under the section where Commissioners can elect to receive a monthly stipend in lieu of reimbursement for local travel; and that election can only be changed on a fiscal year basis with an effective date of October 1.

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     Upon inquiry by Commissioner Henley, Mr. McMillan advised he has not yet received a court date on the cell tower litigation. 

PUBLIC HEARINGS

     Ms. Coto advised that staff has received a request for a continuance from the Appellant for Item #48, William Gribben. 

     The Chairman asked staff to contact area residents advising them of the request. 

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     The Chairman recessed the meeting at 11:45 a.m., reconvening it at 1:30 p.m., this same date with all Commissioners and all other Officials who were present at the Opening Session. 

PROOFS OF PUBLICATION

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

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

APPEAL AGAINST THE BOA,

WILLIAM GRIBBEN

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a rear yard setback variance from 30 feet to 15 feet for an addition in the Planned Unit Development district, for 3123 Foxwood Drive, William Gribben, received and filed. 

     The Chairman announced that there has been a request for a continuance. 

     Kathy Fall, Planner, addressed the Board to advise staff is in receipt of a letter (copy received & filed) from Mr. Gribben advising he cannot attend this hearing due to business, therefore, he is asking for a continuance. 

     District Commissioner Van Der Weide stated he has no problem with the continuance. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to continue until June 24, 2008 consideration of an Appeal against the Board of Adjustment’s decision to deny a rear yard setback variance from 30 feet to 15 feet for an addition in the Planned Unit Development district, for 3123 Foxwood Drive, as described in the proof of publication, William Gribben. 

     Under discussion, Frank Torsha (phonetic) addressed the Board to speak against the continuance, stating he believes this is a game the appellant is playing. 

     The Chairman advised it is the custom of the Board to grant a continuance if requested by the appellant or applicant. 

     Greg Dunning, 156 Sagewood Court, addressed the Board to speak in opposition to the continuance, stating he took the day off from work to attend the meeting and he will be out of town in two weeks. 

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


REQUEST TO VACATE & ABANDON

EASEMENT, JOSEPH LINARTAS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a 2.9 by 25 foot portion of a 10-foot platted drainage and utility easement on Lot 3, Aras Acres, in Section 36,
Township 19S, Range 29E, further described as 1458 Sky Eagle Cove, Joseph Linartas, received and filed. 

     Planner, Brian Walker, addressed the Board to present the request, advising the applicant is requesting the vacate in order to accommodate a shed-type enclosure that will protect a water well and related equipment.  He stated the Board of Adjustment approved a variance to reduce the front and side yard property setbacks which will allow placement of the structure should this vacate request be approved.  He further stated the staff reviewed the request and does not feel that the vacate will affect drainage or utilities in the area; therefore they recommend approval. 

     Joseph Linartas, applicant, addressed the Board to request approval. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended approval. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-143, as shown on page _______, vacating and abandoning a 2.9 by 25 foot portion of a 10-foot platted drainage and utility easement on Lot 3, Aras Acres, in Section 36,
Township 19S, Range 29E, further described as 1458 Sky Eagle Cove, as described in the proof of publication, Joseph Linartas. 

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


LARGE SCALE LAND USE AMENDMENT & REZONE

TO PUD, JAMES G. WILLARD/SHUTTS & BOWEN

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) and a rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for approximately 26.8 acres, located on the east side of Oregon Street, approximately ½ mile north of the intersection of SR 46 and Oregon Street, James G. Willard/Shutts & Bowen, received and filed. 

     Ian Sikonia, Planner, addressed the Board to present the request, advising the applicant is requesting the land use and zoning change in order to build multi-family residential development at a maximum density of 16.5 dwelling units per net buildable acre.  He stated the property was previously known as the NW 46 PUD which consisted of a townhome and condominium project allowing a maximum of 400 units.  The PUD allowed a maximum building height of two stories or 35 feet and forbade townhome or condominium units to be used as rentals.  The proposed Lake Forrest PUD is creating a new PUD while maintaining some of the previous conditions of the NW 46 PUD.  The new PUD is allowing for a maximum of 417 units and increasing the approved maximum building height of 35 feet or two stories to 50 feet or three stories.  He further advised that the P&Z Commission voted to make no recommendation to the BCC.  The BCC, on February 12, 2008, authorized the transmittal of the land use amendment to the DCA; and the DCA raised no objections to the proposed amendment.  Staff, therefore, recommends approval.  He added that the Board has been sent a corrected proposed development order (copy received & filed). 

     Upon inquiry by Commissioner Henley, Mr. Sikonia advised the subject property and the adjoining property (Item #51) are both amenitizing the retention pond and using it to meet part of their open space requirement.  Whereupon, Commissioner Henley stated he cannot support that. 

     Attorney James Johnston, representing the applicant, addressed the Board to state they are in agreement with all the staff’s comments and requirements and will answer any questions. 

     Charlie Madden, Engineer representing the applicant, addressed the Board to advise both properties have legal access to the retention and there will be zero “double dipping” when counting the required open space for both projects.  He added that the pond consists of ten acres and almost meets the 25% open space requirement for both projects by itself. 

     Upon inquiry by Commissioner Henley, Mr. Madden advised they will put a trail and landscaping around the pond.  He further advised that they will meet all code requirements and the final master plan will be brought back to the Board for approval. 

     Commissioner Henley stated it bothers him that they are allowing more and more density without providing for the quality of life. 

     District Commissioner Carey noted that there will be a pool and clubhouse among other things. 

     Upon inquiry by Commissioner Dallari, Director of Planning & Development, Dori DeBord, addressed the Board to advise the Code does allow for stormwater retention ponds to be used to meet the open space requirement. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended approval of the land use amendment and the rezoning. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve the Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential); adopt Ordinance #2008-27, as shown on page _______, granting rezoning from PUD (Planned Unit Development) to PUD (Planned Unit Development); and approve the Preliminary Master Plan and Development Order, as shown on page _______, as amended, for property consisting of approximately 26.8 acres, located on the east side of Oregon Street, approximately ½ mile north of the intersection of SR 46 and Oregon Street, as described in the proof of publication, James G. Willard/Shutts & Bowen, based on staff findings. 

     Under discussion, Commissioner Henley questioned who is responsible for maintaining the pond and the amenities. 

     Commissioner Dallari questioned why a copy of the private agreement between the two property owners for the pond is not in the agenda packet. 

     Ms. DeBord advised there is a notation on the plans with regard to the pond.  She said the Board can choose to amend the D.O. and include the maintenance in same. 

     Upon inquiry by the Chairman, County Attorney, Robert McMillan, advised the following language can be added to the D.O.:  “The retention pond and all amenities will be maintained by the homeowners association.” 

     Chairman Carey commented that the Board will be seeing this again and the language is noted on the plan. 

     Districts 2, 3 and 5 voted AYE. 

     Commissioners Dallari and Henley voted NAY. 

LARGE SCALE LAND USE AMENDMENT & REZONE

TO PUD, REED BERLINSKY/KB HOME ORLANDO, LLC

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) and rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development), for approximately 28.25 acres, located on the east side of Oregon Street, approximately ½ mile north of the intersection of SR 46 and Oregon Street, Reed Berlinsky, KB Home Orlando, LLC, received and filed. 

     Ian Sikonia, Planner, addressed the Board to present the request, advising the amendment will allow for a multi-family residential development at a maximum density of 16.5 dwelling units per net buildable acre.  The property was previously approved as the NW 46 PUD which consisted of a townhome and condominium project allowing a maximum of 400 units.  That PUD allowed a maximum building height of two stories or 35 feet and forbid townhome or condominium units to be used as rentals.  He further advised the proposed Silverleaf PUD is essentially creating a new PUD while maintaining some of the previous conditions of the NW 46 PUD.  The new PUD will allow for a maximum of 303 units, which is an increase of 158 total units; and will increase the approved maximum building height to 50 feet or three stories.  The P&Z Commission voted to not make a recommendation to the BCC; and the BCC voted on February 12, 2008 to transmit the amendment to the DCA.  The DCA raised no objections to the property amendment; and staff recommends approval of the amendment and the requested rezone. 

     Attorney Steve Coover, representing the applicant, addressed the Board to advise they support the staff comments.  He briefly discussed the shared retention pond (Item #50/Lk. Forrest PUD) stating that the maintenance will be addressed when they pull their St. Johns River Water Management permit. 

     Upon inquiry by Commissioner Henley, Attorney Coover advised they have a 6.9 acre open space requirement.  

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended approval, stating the same conditions will apply to this property as to the previous Item #50/Lake Forrest PUD. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve the Large Scale Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential); to adopt Ordinance #2008-28, as shown on page _______, approving rezoning from PUD (Planned Unit Development) to PUD (Planned Unit Development); and approve the Preliminary Master Plan and Development Order, as shown on page _______, as amended, for approximately 28.25 acres, located on the east side of Oregon Street, approximately ½ mile north of the intersection of SR 46 and Oregon Street, as described in the proof of publication, Reed Berlinsky, KB Home Orlando, LLC, based on staff findings. 

     Under discussion, Commissioner Henley stated he has the same concerns about this as on the previous item.  He said there will be over 700 units and the only assurance of amenities is a pond. 

     Commissioner Dallari requested that when this item comes back before the Board, that a large plan is submitted for the Board’s review. 

     Districts 1, 2, 3 and 5 voted AYE. 

     Commissioner Henley voted NAY. 

 

SPRING 2008 CYCLE LARGE

SCALE PLAN AMENDMENTS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider the Spring 2008 Cycle Large Scale Plan Amendments to the Seminole County Comprehensive Plan, received and filed. 

     Ian Sikonia, Planner, advised the proposed ordinance will include the Lake Forrest and SilverLeaf PUD’S (Items #50 & #51) approved this date. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt Ordinance #2008-29, as shown on page _______, for the Spring 2008 Cycle Large Scale Plan Amendments to the Seminole County Comprehensive Plan for Lake Forrest and Silverleaf PUD’s. 

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

MAJOR AMENDMENT TO ALAQUA LAKES PUD,

ROBERT DELLO RUSSO

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Major Amendment to the Alaqua Lakes PUD, Revised Final Master Plan and Addendum #1 to the Alaqua Lakes PUD Developer’s Commitment Agreement for property consisting of approximately 1,250.9 acres, located at the northwest corner of Markham Woods Road and S. Stone Gate, received and filed. 

     Austin Watkins, Planner, addressed the Board to present the request, advising the applicant desires to remove Tract V (consisting of 10.29 acres) from the PUD.  Tract V is currently approved for three one-acre lots and is separated from the Alaqua Lakes PUD by 148 acres of wetlands.  The tract has a separate entrance off of Markham Woods Road and cannot internally access the Alaqua Lakes development.  He further advised that the next item (Item #54), the PUD plan for the “Dello Russo Residence”, will be presented and all conditions outlined in the PUD for Tract V will be retained in the residence PUD.  The P&Z Commission voted unanimously to approve the PUD amendment; and staff also recommends approval. 

     Brian Davis, representing the applicant, addressed the Board to advise he will answer any questions that the Board may have. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended approval. 

     Motion by Commissioner Henley, seconded by Commissioner Dallari to approve the Major Amendment to the Alaqua Lakes PUD, Revised Final Master Plan and Addendum #1, as shown on page _______, to the Alaqua Lake PUD Developer’s Commitment Agreement; and authorize the Chairman to execute the aforementioned documents for property consisting of approximately 1,250.9 acres, located at the northwest corner of Markham Woods Road and S. Stone Gate, based on staff findings. 

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

REQUEST TO REZONE FROM PUD

TO PUD, ROBERT DELLO RUSSO

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development), and Preliminary Master Plan and Development Order for property consisting of 10.29 acres, located at the northwest corner of Markham Woods Road and S. Stone Gate, Robert Dello Russo, received and filed. 

     Austin Watkins, Planner, presented the request, advising Mr. Dello Russo desires to remove the subject property from the Alaqua Lakes PUD and create a separate PUD, referred to as the “Dello Russo Residence PUD”.  The PUD will allow for one single-family dwelling no larger than 36,000 square feet and one guest house no larger than 6,000 square feet.  The applicant is proposing access through an existing driveway on Markham Woods Road, a six-foot masonry or brick wall with a landscaped berm adjacent to Markham Woods right-of-way, and a 100-foot natural buffer and building setback adjacent to Markham Woods Road.  He further advised the P&Z Commission unanimously recommended approval; and staff also recommends approval. 

     Brian Davis, representing the applicant, stated he will answer any questions. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt Ordinance #2008-30, as shown on page _______, approving rezoning from PUD (Planned Unit Development) to PUD (Planned Unit Development), Preliminary Master Plan, and Development Order, as shown on page _______, for property consisting of 10.29 acres, located at the northwest corner of Markham Woods Road and S. Stone Gate, as described in the proof of publication, Robert Dello Russo. 

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

CHAIRMAN’S REPORT

     Chairman Carey asked for an endorsement of Fred Brummer to serve on the Technical Review and Advisory Panel (TRAP) & Research Review & Advisory Committee (RRAC) of the Department of Health. 

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to endorse Fred Brummer as a local government representative, for the TRAP and RRAC of the Department of Health. 

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

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     The Chairman advised she met with Congressman Tom Feeney and his staff and toured the Orlando/Sanford International Airport.  They also discussed the funding request for the SR 46 Project. 

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     The Chairman advised the “Juneteenth” celebration will be held at Fort Mellon Park in Sanford on June 21.  This celebration is the oldest known event commemorating the ending of slavery in the U.S. 

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     The Chairman reminded everyone that Saturday, June 14, is Flag Day and she hopes everyone will be flying their flag. 

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     The Chairman wished all fathers a Happy Father’s Day on June 15. 

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     Chairman Carey advised the Health Care Center for the Homeless and the Wayne Densch Center will showcase a new mobile medical unit on June 20 from 2:00 p.m. to 7:00 p.m.  She added that the unit will come to the Rescue Mission once or twice a month offering free services. 

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     The Chairman reminded the Board that the Arty Gator Event will be held on June 21. 

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     The Chairman advised the Homebuilders Association is hosting their BBQ tonight.  She also reminded the Board that the EAR Work Session is scheduled to commence immediately after this meeting. 

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter dated May 14, 2008 from Craig Swygert, Clear Channel Outdoor, to Chairman Brenda Carey re: digital billboard coordination with Florida Division of Emergency Management.

 

2.    Copy of letter dated May 14, 2008 from Senator Paula Dockery and Representative Dennis Ross to Alexander Kummant, National Railroad Passenger Corporation, re: commuter rail.

 

3.    Letter dated May 15, 2008 from City of Sanford to Board of County Commissioners re: Annexation Ordinances 4106 and 4107.

 

4.    Letter dated May 16, 2008 from Cecil Tucker to The Board of County Commissioners re: operation of the Seminole County Museum.

 

5.    Memorandum dated May 16, 2008 from Harold Wilkening, III, SJRWMD, to Interested Persons re: Proposed amendments to irrigation rules.

 

6.    Letter dated May 16, 2008 from City of Sanford to Board of County Commissioners re: Annexation Ordinance 4108.

 

7.    Letter dated May 19, 2008 from Dr. Bill Vogel, Seminole County Public Schools, to Chairman Brenda Carey re: Early Learning Coalition of Seminole County.

 

8.    Letter dated May 21, 2008 from Florida Department of Environmental Protection Bureau of Public Lands Administration Division of State Lands to Chairman Brenda Carey re: Notice of Intent to Sell Surplus State Land.

 

9.    Letter dated May 21, 2008 from Tarsha Thomas to Chairman Brenda Carey re: the Orlando Ballet School’s STEPS funding.

 

10.    Copy of letter dated May 21, 2008 from Gary Johnson, Executive Director, Seminole County Expressway Authority, to Commissioner Gary Brender re: Re-appointment to the Seminole County Expressway Authority.

 

11.    Copy of letter dated May 22, 2008 from Cindy Coto to Charlotte Smith re: Museum operations.

 

12.    Letter dated May 21, 2008 from Dr. E. Ann McGee, Seminole Community College, to Chairman Brenda Carey re: Lynx bus service on 17-92.

 

13.    Letter dated May 22, 2008 from Commissioner Bob Dallari, Chairman Regional Planning Agency, to Chairman Brenda Carey re: redevelopment strategy along 17-92.

 

14.    Letter dated May 22, 2008 from Claude Wolfe to Seminole County Board of County Commissioners re: dangerous open well behind home located at 117 Pineview Circle, Winter Park.

 

15.    Letter dated May 22, 2008 from Elizabeth Newberry, FAC Financial Services Coordinator, to Chairman Brenda Carey re: Florida Local Government Finance Program Rebate.

 

16.    Copy of letter dated May 22, 2008 from Jerry McCollum, Seminole County Engineer, to Chris White, Pres. Villas of Lake Mary HOA, re: Dorchester PlazaCounty Road 46A.

 

17.    Copy of letter dated May 22, 2008 from Cindy Coto to Walter Smith re: Museum operations.

 

18.    Letter dated May 23, 2008 from Noranne Downs, District 5 Secretary, to Chairman Brenda Carey re: funding levels in the recently Amended Tentative Work Program.

 

19.    Letter dated May 27, 2008 from Alcalde and Fay to Chairman Brenda Carey re: Congress’ plan to reauthorize SAFETEA-LU in 2009.

 

20.    Copy of letter dated May 27, 2008 from Margot Knight, President and CEO United Arts of Central Florida, to Kathryn Townsend, President, Seminole Cultural Arts Council, re: funding.

 

21.    Facsimile dated May 28, 2008 from Barry Nash to Chairman Brenda Carey re: proposed name change of Bevier Road.

 

22.    Copy of letter dated May 28, 2008 from David Johnson, Seminole County Property Appraiser, to Cathy Collins, Department of Revenue, re: proposed budget for the Seminole County Property Appraiser’s office 2008-2009.

 

23.    Memorandum dated May 29, 2008 from Sherry Fincher and Board of Directors of Meals on Wheels, to the Board of County Commissioners re: funding.

 

24.    Copy of letter dated May 29, 2008 from Governor Charlie Crist to Ms. Isabel Rodriguez re: correspondence pertaining to Sunny Side Avenue.

 

25.    Letter dated June 2, 2008 from Congressman John Mica to Chairman Brenda Carey re: invitation to attend the opening of an outpatient clinic in Orange City.

 

26.    Letter dated June 3, 2008 from Diane Pickett Culpepper to Chairman Brenda Carey re: Bright House HD programming.

 

27.    Letter dated June 4, 2008 from David Johnson, SCPA, to Chairman Brenda Carey re: BCC’s proportionate share for 2008-2009.

 

28.    Letter dated June 4, 2008 from David Johnson, SCPA, to Chairman Brenda Carey re: Seminole County Unincorporated Road District proportionate share for 2008-2009.

 

29.    Letter dated June 4, 2008 from David Johnson, SCPA, to Chairman Brenda Carey re: Seminole County Unincorporated Fire District and Altamonte Springs proportionate share for 2008-2009.

 

30.    Contracts for services, as shown on page ________, rendered for the Leisure Services Department for the following:  Ramon Candelario; Lenon Anderson; Robert Young; Stephen Dodd; Daniel Tucker; Randall “Scott” Howell; and Robert “Chad” Howell.

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner McLean advised the high school recycling resolution adopted by the Board this morning, came from the CALNO meeting where the student council members presented their request. 

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     Commissioner McLean stated they are attempting to move forward with the SeminoleWay initiative and will hear more about that at their next meeting on June 24.  The second phase will cost $25,000. 

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     Commissioner McLean updated the Board on the latest information regarding the Lake Mary High School pool, advising the oversight committee will be meeting this month to discuss some minor issues dealing with the maintenance costs and site  plan. 

     Chairman Carey stated she received a letter from Dr. Vogel stating due to funding constraints, the School Board took action to not move forward with the pool. 

     Commissioner McLean stated as far as he is concerned the pool will be moving forward and he will update the BCC further at their next meeting. 

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     Commissioner McLean discussed the number of letters (copy received & filed) going back and forth between Chief Judge Clay Simmons and the County Manager regarding the funding of the Special Magistrate position.  He said sometimes logical people should agree to disagree.  He advised the Chief Judge is offering to ask the Attorney General for a legal opinion as to whether this position should be funded by the County; but needs the County to join in on the request.  He stated the AG’s opinion would be non-binding on both parties; but he feels like it makes sense to have an opinion from a third party. 

     Motion by Commissioner McLean to direct that a joint letter be put together by Chief Judge Simmons and County Manager, Cindy Coto, asking the Attorney General for an opinion with regard to the County’s fiscal responsibility in funding the General Magistrate. 

     Commissioner Dallari seconded the motion for discussion. 

     Ms. Coto explained the funding portion that she believes Commissioner McLean is talking about is the General Master position which the County has agreed to fund through September 30.  Discussion ensued with regard to the General Master and General Magistrate positions and the funding of both. 

     County Attorney McMillan cautioned the Board about seeking the Attorney General’s opinion, stating if the County starts using his opinions on funding, there will be more and more questions and issues; and the AG will become the mediator on any number of funding issues.  He further stated that individual counties usually don’t ask for an AGO because they will be felt statewide.  He added that if the Board wants to fund the position, they can do so, without seeking an AGO. 

     Commissioner McLean stated Judge Simmons has agreed to abide by the Attorney General’s opinion and has not asked the County to do the same.  He said he does not see any reason not to seek the opinion. 

     Chairman Carey explained that this a mandatory position that has been funded by the $65 additional court cost assessment and if the AGO comes back against using it, it not only puts Seminole County at jeopardy but all other counties in the State. 

     Commissioner Van Der Weide stated that if the opinion is non-binding, he does not see what harm it would do to ask for one. 

     Attorney Damon Chase, representing Judge Simmons, addressed the Board to advise the Judge is looking for an interpretation of the Statutes (29.008 & 939.185 F.S.).  He clarified what they are talking about is the General Master position being held by Mr. Russell.  Copy of letter from Judge Simmons to Attorney General Bill McCollum was received and filed. 

     The Chairman continued this item until later in the meeting so that Mr. McMillan could review the letter from the Chief Judge. 

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     Commissioner Van Der Weide advised he attended the Annual Boys & Girls Club event at the Marriott. 

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     Commissioner Van Der Weide said he also participated in the City of Sanford’s Memorial Day Parade and Seminole County’s Economic Summit. 

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     Commissioner Dallari updated the Board on the statute changes with regard to the Value Adjustment Board, advising the BCC appointments will consist of two County Commissioners and one citizen at large.  He said the appointments need to be made by September 1st.  He added the Assistant County Attorney, Ann Colby, was instructed to send Commissioners a memorandum (copy received & filed) explaining the changes. 

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     Upon inquiry by Commissioner Dallari, Ms. Coto advised staff will be responding to questions and comments made at the May 1 Special BCC Meeting and meeting individually with Commissioners prior to the July Budget Work Sessions. 

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     Commissioner Dallari stated the citizens from the Domerich Estates community have asked that the Board send a letter to the PSC requesting them to amend their rules requiring power companies to send notices to adjacent property owners asking for input prior to any major work being done in any of the major corridors.  He asked that letters also be sent to FP&L and Progress Energy. 

     Chairman Carey stated she will get with Mr. McMillan to draft a letter for her signature that will be sent to the PSC and all the utility companies regarding same. 

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     Commissioner Henley stated that when he was BCC Chairman he received a letter from Sister County Wicklow, Ireland, inviting the Commissioners over for a visit.  He said the Board responded that they would not be able to come.  However, Commissioner McLean said at that time he and his wife would be traveling to Ireland and would be happy to represent the Board.  He further said traditionally they have exchanged gifts and he is requesting that the Board authorize the County Manager to select a gift for Commissioner McLean to take on his trip. 

     The Board voiced no objections to the County Manager selecting a gift for Commissioner McLean to take to representatives of Sister County Wicklow prior to him leaving on August 5. 

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     Commissioner Henley updated the Board on the Commuter Rail and the misinformation that is being put out, advising he attended a Regional Rally for Rail meeting.  Copy of timeline was received and filed.  He distributed a Commuter Rail Liability Review (copy received & filed) done by Congressman Mica’s staff and discussed same. 

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     Commissioner Henley stated he has received numerous compliments from the public with regard to the improvements the County has made at Soldier’s Creek Park.  He said the only thing lacking is more shade. 

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     The Chairman advised the Board will now revisit the previous discussion with regard to the motion on the floor to seek an Attorney General’s Opinion on the General Master position as requested by Chief Judge Simmons. 

     Mr. McMillan advised that there appears to be some confusion with regard to the General Master and General Magistrate positions.  He clarified the General Magistrate is really called the Alternative Sanctions Coordinator and the General Master is called the Juvenile Dependency Court Magistrate.  He said the question is whether the Alternative Sanctions Coordinator is a state-mandated position and whether it is the proper application of the revenue generated by the $65 fee, which the County currently uses those funds to do.  The second question is whether, upon Judge Simmons designating the Juvenile Dependency Court Magistrate position a local requirement pursuant to the statute, is the County mandated to fund it. 

     Chairman Carey suggested talking to Judge Simmons face-to-face. 

     Commissioner Henley stated this did not become an issue until the State decided not to fund them and the County said they would not fund this out of the General Fund; and said he believes the Judge is “grasping at straws” on how to fund this position. 

     The Chairman reiterated she believes a meeting needs to be scheduled with the Chief Judge, Mr. McMillan, Ms. Coto and a Commissioner to see if this can be worked out before an AGO is asked for. 

     Commissioner McLean stated he is not sure that will help. 

     Commissioner Henley called the question. 

     Districts 2 and 3 voted AYE. 

     Commissioners Dallari, Henley and Carey voted NAY, whereupon, the motion failed for the lack of a majority vote. 

     Motion by Commissioner Dallari to instruct the staff to meet with Chief Judge Clay Simmons with regard to this issue and report back to the BCC. 

     The Chairman stated she does not believe a motion is needed because it is clear that the Board wants to have a meeting with the Judge. 

     Commissioner McLean offered that if it is the will of the Board, he would volunteer to go to this meeting. 

     Commissioner Van Der Weide stated he is not sure an elected official is needed at the meeting. 

     Chairman Carey said she would be happy to talk to the Judge and directed the staff to immediately schedule a meeting with Judge Simmons to include Mr. McMillan, Ms. Coto, and if she is not available to attend, then the Vice Chairman will go. 

ITEMS FOR FUTURE AGENDA

     Robert King, 2211 Black Hammock, addressed the Board to advise there has been better behavior with regard to the noise problem in his neighborhood.  However, he has not had any communication with the Sheriff’s Office so he does not know why that has occurred. 

     Speaker Comment Form was received and filed. 

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

 

 

ATTEST:_____________________Clerk____________________Chairman

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