BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

JUNE 12, 2007

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, June 12, 2007, 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 Mike McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Pastor Jody McKewen, 1st Presbyterian Church, Sanford, gave the Invocation. 

     Commissioner Dick Van Der Weide led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Dan O’Keefe, CPA, addressed the Board to present the Comprehensive Annual Financial Report for fiscal year ending September 30, 2006 (received & filed).  He gave a PowerPoint presentation (copy received & filed) and discussed the following:  Audit Scope; Reports Issued; Statement of Net Assets; Statement of Activities; Fund Statements; Notes to Financial Statements; Budgetary Comparisons; Combining & Individual Fund Statements; Statistical Section; and Compliance Section.  He advised that there will be twelve new auditing standards implemented next year and a requirement for


a Post Employment Benefits (OPEDB) statement.  The OPEDB Statement will be an enormous statement within the top-level financial statements with a liability in the millions. 

     Commissioner Carey stated she asked staff a couple of years ago for an actuary study; and questioned if that has been worked on.  Whereupon, Ms. Coto advised Director of Fiscal Services, Lisa Spriggs, has been working on that. 

     Commissioner Carey requested that study come back to the Board. 

     Commissioner Van Der Weide suggested the Board consider hiring an auditing firm to assist in analyzing what the State is going to be implementing with regard to property tax reform.  He said he believes an outside professional opinion might be beneficial. 

     Commissioner McLean stated he feels confident that County staff is giving the Board excellent information and believes Fiscal Services can continue to do this in-house. 

     Commissioner Van Der Weide said he is not that trusting and believes it would not hurt to get a second professional opinion. 

     The Board thanked Mr. O’Keefe for his presentation. 

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Cindy Coto, presented the agenda, advising of revision and replacement page (received & filed) for Item #17, Budget Amendment Resolution for the Chuluota Sidewalk. 

     Commissioner Dallari stated that with regard to Item #4, PS-1666-07, Final Design Services for SR 426/CR 419, he wants to make sure the design is subject to the PD&E being approved. 

     County Engineer, Jerry McCollum, advised the PD&E should be approved shortly. 

     Commissioner Dallari stated that with regard to Item #6, RFP-600134-07, Medical Director Services, he notices that malpractice insurance is included in this contract when it was not included in the previous contract; and he questioned why that is the case. 

     Ms. Coto advised she believes it is the responsible thing to do. 

     Commissioner Carey questioned if the County’s paramedics have malpractice insurance.  Whereupon, Director of Public Safety, Tad Stone, addressed the Board to advise they do not carry malpractice insurance. 

     Commissioner Carey commented that some doctors do not have malpractice insurance. 

     Ms. Coto stated this is a $30,000 expenditure that she believes provides an extra blanket of protection.  She added that Dr. Husty does not practice medicine and, therefore, does not have that coverage. 

     Dr. Todd Husty, Medical Director, addressed the Board to state this is a gray issue.  He explained that previously the medical director was an agent of the County.  He said that he suggested three different ways of doing this and believes all of them have “holes”.  He added that he would be agreeable to whichever one the Board chooses. 

     Commissioner Dallari expressed his appreciation to Dr. Husty for what he has done for the EMS Division. 

     Upon inquiry by Commissioner Carey, Dr. Husty advised that mostly he just rides along on calls and observes, but every now and then he feels the need to jump in and assist with the patient. 

     County Attorney, Robert McMillan, advised any accusation of malpractice against the County EMS workers is handled by the County’s insurance carrier.  Discussion ensued. 

     Upon inquiry by Commissioner Carey, Attorney McMillan advised they will add a convenience clause for termination in Section 2b of the proposed agreement.  He clarified that immediate termination would be for cause and a 30-day notice would be given for no cause. 

     Ms. Coto advised that Fire Chief Raw has informed her that the County did require malpractice insurance five or six years ago and then it was changed to the “agency” requirement. 

     Under a brief discussion of Item #7, IFB-600172-07, Courier Services, Ray Hooper, Purchasing Manager, addressed the Board to advise he will make sure that Absolute Sparkle Courier’s occupational license indicates that they are operating a courier service. 

     Under Item #9, Assignment of Mortgage for SHIP/HOME Mortgage, Commissioner Carey requested that the Board consider allowing SHIP/HOME recipients, who are trying to refinance their homes, to buy out their first mortgage.  She also suggested that staff pursue foreclosures of SHIP/HOME homes in order to protect the County’s investment. 

     Ms. Coto stated she will meet with Dr. Medley and bring back some recommendations for the Board’s review. 

     Clerk of Circuit Court, Maryanne Morse, advised that for a number of years the second mortgages were not recorded in Land Records which was a comment in the audit. 

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

Administrative Services

Purchasing and Contracts

 2.  Award CC-1949-07/LKR and authorize the Chairman to execute the Agreement, as shown on page _______, in the amount of $105,000.00 to Florida Industrial Scale Co., Inc. of Longwood for all labor, materials, equipment, transportation, coordination and incidentals necessary for the construction of three scale automation stations on the two existing inbound scales and the one existing outbound scale at the Central Transfer Station.

 3.  Approve Amendment #4, as shown on page _______, for RFP-4227-04/GMG - Vending Agreement for Snacks, Drinks, Hot/Cold Food Vending Services for Seminole County Services Building, Courthouse and Criminal Justice Center locations, with Snack Time Vending, Inc., Longwood (Revenue Contract).

 4.  Approve the ranking list and authorize rate negotiations for  PS-1666-07/BLH - Final design services with Inwood Consulting Engineers of Oviedo, FL for State Road 426/County Road 419 Widening (Not to Exceed $1,800,000.00 over the term of nine years).

Purchasing and Contracts

 5.  Approve and authorize the Chairman to execute Work Order #72, as shown on page _______, to PS-5165-04/AJR Master Agreement for Continuing Professional Services in the amount of $128,431.70 to HDR Engineering, Inc. of Orlando to provide professional design services for the investigation, design and preparation of plans for drainage improvements at the intersection of Bear Gully Road and Howell Branch Road.

 6.  Award RFP-600134-07/TLR – Seminole County Medical Director Services to Todd M. Husty, DO, PA, Oviedo, at an annual rate not to exceed $240,630.00, and authorize the Chairman to execute the Agreement, as amended, as shown on page _______.

 7.  Award IFB-600172-07/TLR Agreement, as shown on page _______, Courier Services to Absolute Sparkle Courier Services, Chuluota (Not to exceed $55,178.24 for the first year; $57,458.25 for the second year; and $59,056.32 for the third year).

Support Services

 8.  Approve and authorize the Chairman to execute the Mutual Release and Cancellation of Lease, as shown on page _______, between Seminole Community College EMS/Fire Rescue Training Center and Seminole County.

 

Community Services

Community Assistance

 9.  Approve and authorize the Chairman to execute the Assignment of Mortgage, as shown on page _______, in consideration of receipt of $7,500, regarding the SHIP/HOME affordable housing mortgage referenced therein, which is presently in protracted foreclosure litigation (Seminole County Government vs. Satyra Pitts-Williams et al, Case #06-CC-1328-20-S).

10.  Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to the Seminole County/Corinthian Builders, Inc. SHIP Program Developer Agreement for Program Year 2005-2006 which extends the completion date to July 31, 2007.

 

Environmental Services

Planning Engineering Inspections

11.  Approve and authorize the Chairman to execute the Exhibit G, as shown on page _______, to the Conditional Utility Agreement for Water Service with KMT Development for the extension of the off-site Reclaimed Water facility and the oversizing of the Water Main within the Long Pond subdivision.

 

Fiscal Services

Administration

12.  Approve and authorize the Chairman to execute the Memorandum of Understanding, as shown on page _______, between the Florida Division of Fire Marshal and Seminole County in acceptance of $38,412 allocated under the 2006/07 Florida Domestic Preparedness - WMD/HazMat Response Grant Program.

13.  Approve to submit on-going grant applications to the Workforce Central Florida Grant Program for paramedic training of up to $50,000 and authorize the County Manager to execute supporting documents.

14.  Approve and authorize the Chairman to execute the appropriate Resolution #2007-R-109, as shown on page _______, designating Orange County Industrial Development Authority as the authorized representative to hold a public hearing on behalf of Seminole County in connection with the Health and Educational Facilities Authority of the State of Missouri's issuance of Educational Facilities Revenue Bonds of up to $35,975,000.  

15.  Approve to submit a grant application to the Kodak American Greenways Program requesting $2,500 for construction of a viewing platform at the Lake Harney Wilderness Area, and authorize the County Manager to execute supporting documents.  

Budget

16.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-110, as shown on page _______, implementing Budget Amendment Request #07-65 in the amount of $38,412 to the Public Safety Federal Grants Fund to recognize proceeds from the Federal Department of Homeland Security grant.

17.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-111, as shown on page _______, implementing Budget Amendment Request #07-69 to the Stormwater Fund in the amount of $275,000 to fund the Chuluota Sidewalk Connection project.

18.  Approve and authorize the Chairman to execute Budget Change Request #07-17 to the 2001 Infrastructure Sales Tax Fund in the amount of $595,000 to provide additional funding for three arterial/collector roadway projects (Southwest Road, Beardall Avenue, & County Road 427A).

19.  Approve and authorize the Chairman to execute appropriate Budget Change Request #07-18 to the General Fund in the amount of $87,586 to allocate anticipated insurance proceeds for the replacement of equipment and supplies that were damaged or destroyed as a result of the fire at the Animal Services Facility on February 8, 2007.

 

Planning and Development

Development Review

20.  Authorize the release of the Mills Cove Subdivision (aka Hilltop Subdivision Phase II) Maintenance Agreement and Irrevocable Letter of Credit #158, for road improvements.

21.  Approve and authorize the Chairman to execute the Final Plat for Tusca Place North Subdivision located on the southeastern corner of Brisson & Celery Ave. in Section 32, Township 19 South, Range 31 East.

Planning

22.  Authorize and approve the request by Pollo Tropical Inc., applicant for a Special Event permit, for a grand opening event at 8301 Red Bug Lake Road to be held on June 22, 2007 and June 23, 2007 according to the following schedule: June 22, 2007: 4 PM – 9 PM, festival; June 22, 2007 5 PM – 8 PM, free concert; June 23, 2007 12 PM – 8 PM, festival; June 23, 2007: 5 PM – 8 PM, free concert.

 

Public Safety

Emergency Management

23.  Approve and authorize the Chairman to execute Amendment No. 6, as shown on page _______, terminating the State of Florida, Department of Environmental Protection Contract No. GC515 for the Petroleum Compliance Verification Program, effective June 30, 2007; and approve and authorize the Chairman to execute the State of Florida, Department of Environmental Protection Contract No. GC684, as shown on page _______, to become effective July 1, 2007.

 

Public Works

Engineering

24.  Adopt and authorize the Chairman to execute appropriate Resolution #2007-R-113, as shown on page _______, accepting a Quit Claim Deed, as shown on page _______, from Swanlea, Inc., a Florida Corporation, to Seminole County for property needed to implement additional drainage improvements and maintain the Longwood Canal (also known as the Columbus Harbor Ditch).

 

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


COUNTY ATTORNEY’S CONSENT AGENDA

CONSTITUTIONAL OFFICERS’ REPORTS

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

County Attorney

Property Acquisition

25.  Approve Settlement and Execute Subordination Agreement, as shown on page _______, for Airport Boulevard Phase II Subordination of Utility Interest Agreement (Parcel Number 108) between Seminole County and BellSouth Telecommunications, Inc., in conjunction with the Airport Boulevard Phase II road improvement project.

26.  Authorize Binding Written Offers/Offers of Judgement  - For Parcel Numbers 126, 700, 706, 711, 729B, 731B, 750, 751A/B, 752, 753A/B, 754, 755, 835A/B and 848 relating to the Lake Emma Road improvement project.

27.  Barnett Property - Approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel Numbers 146/746/846 of the County Road 15 (Monroe Road) improvement project, located at 717 Monroe Road, Sanford, Florida, for $11,400.00 with no fees or expenses incurred by the property owner.

28.  BJ’s Wholesale Club, Inc. Property - Approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel Numbers 145A/145B/745 of the County Road 15 (Monroe Road) improvement project, located at 450 Monroe Road, Sanford, Florida, for $88,000.00 with no fees or expenses incurred by the property owner.

 

Constitutional Officers

Clerk's Office

29.  Approve Expenditure Lists, as shown on page _______, dated May 7, 14 & 21, 2007; approve Payroll Lists, as shown on page ________, dated May 6 & 17, 2007; authorize the Chairman to execute Satisfaction of Lien, as shown on page _______, for Cost of Prosecution for Marcos Antonio Cruz; and approve BCC Minutes dated May 8, 2007.

 

     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.  Certified Tennis Pro Agreement, as shown on page _______, for Lauren Wolken.

 

 2.  Litigation Consultant Services Agreement, as shown on page _______, for Gerson, Preston, Robinson & Company, P.A.

 

 3.  Title Opinion, as shown on page _______, for Bella Vista Subdivision.

 

 4.  Maintenance Agreement and Letter of Credit, as shown on page _______, in the amount of $9,100 for the project known as Seminole Safe House.

 

 5.  Community Service Agreement, as shown on page _______, for Community Based Care of Seminole, Inc. approved by the BCC on October 24, 2006.

 

 6.  Certified Tennis Pro Agreement, as shown on page _______, for Brandon Pike.

 

 7.  Non-certified Tennis Pro Agreements, as shown on page _______, for the following:  Timothy James Walsh; Alinda Lingle Buerk; and Scott Michael Runda.

 

 8.  Memorandum from Aqua America, Inc. to Clerk of Court, re:  Application for increase in water & wastewater rates in Alachua, Brevard, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and Washington Counties, filed with the Florida Public Service Commission.

 

 9.  Interlocal Agreement, as shown on page _______, with the University of Central Florida relating to Amphibians as Water Quality Bioindicators Study.

 

10.  Memorandum to Liz Parkhurst, Planning & Development, from Sandy McCann, Commission Records, re:  outstanding P&D Documents.

 

11.  Memorandum to Cindy Coto, County Manager, from Sandy McCann, Commission Records, re:  Outstanding BCC Documents.

 

12.  Title Opinion, as shown on page ________, for Banyan Pointe Subdivision.

 

13.  Performance Bond #B98815017259, as shown on page _______, in the amount of $138,787.01 for the project known as Banyan Pointe.

 

14.  Addendum to Memorandum to Liz Parkhurst, Planning & Development, from Sandy McCann, Commission Records, re:  P&D Documents.

 

15.  Development Order #07-50000007, as shown on page ________, Cliff & Lisa Ingair Guest House.

 

16.  Customer Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement - Burk, Hogue & Mills Office Complex.

 

17.  Customer Agreement, as shown on page ________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement - The Rock of Central Florida.

 

18.  Bill of Sale, as shown on page _______, accepting water system for the project known as Oviedo Professional Plaza.

 

19.  Bill of Sale, as shown on page _______, accepting water system for the project known as The Rock of Central Florida.

 

20.  Satisfactions of Connection Fees, as shown on page _______, for the projects known as Clayton Crossing Townhomes and Bear Lake Shoppes.

 

21.  Customer Agreements, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for the following:  Northpointe Officenter Lot 2 and Seminole Community College-Heathrow Branch.

 

22.  Conditional Utility Agreements, as shown on page _______, for water and sewer service with Goodwill Industries of Central Florida, Inc., for the project known as Lot 3 Sunshadow Commercial Subdivision.

 

23.  Conditional Utility Agreements, as shown on page _______, for Potable and Reclaimed Water and Sewer Service with Swanlea, Inc., for the project known as Venetian Gardens.

 

24.  Conditional Utility Agreements, as shown on page ________, for water and sewer service with Pinecrest Development, Inc. for the project known as The Colony @ Chase Groves.

 

25.  Bill of Sale, as shown on page _______, accepting off-site water and sewer system for the project known as Safe House of Seminole County.

 

26.  Letter of Credit #319921, as shown on page _______, in the amount of $1,634,618.70 for Lake Charm. 

 

27.  Notices of applications to amend water certificates from Utilities, Inc. for the following:  Oakland Shores; Crystal Lake; Philips; and Park Ridge.

 

28.  Memorandum, as shown on page _______, to Ann Colby, Assistant County Attorney, from David Shields, Assistant County Attorney, requesting Basic Service Agreement for Parcel Nos. 112/712, CR 15 (Lake Monroe Road), with services to be provided by Gary R. Gerson, CPA, Business Valuation Services.

 

29.  Work Order #4, as shown on page _______, to PS-1529-06.

 

30.  Work Orders #24, #25, #26 & #27, as shown on page _______, to PS-5174-04.

 

31.  CC-1907-07 Agreement, as shown on page _______, for Twin Pines/Baker Avenue Improvements, Sunshine Building and Development Corporation.

 

32.  Work Order #17, as shown on page _______, to CC-1188-02.

 

33.  Work Order #15, as shown on page _______, to PS-0381-06.

 

34.  First Amendment, as shown on page _______, to RFP-0225-05.

 

35.  Work Order #4, as shown on page _______, to RFP-4196-03.

 

36.  Amendment #1, as shown on page _______, to Work Order #10 to PS-5144-03.

 

37.  Work Order #8, as shown on page _______, to RFP-0778-06.

 

38.  Work Order #5, as shown on page _______, to M-485-05.

 

39.  Work Order #71, as shown on page _______, to PS-5165-04.

 

40.  Work Order #7, as shown on page _______, to CC-1075-06.

 

41.  Amendment #1, as shown on page _______, to Work Order #11 to PS-0381-06.

 

42.  Change Order #1, as shown on page _______, to CC-1422-06.

 

43.  M-2094-07 Basic Contract, as shown on page _______, Urban Dynamics Corporation.

 

44.  Work Order #3, as shown on page _______, to PS-0977-06.

 

45.  Work Order #15, as shown on page _______, to PS-5175-04.

 

46.  Amendment #1, as shown on page ________, to Work Order #40 to PS-5165-04.

 

47.  Work Order #3, as shown on page _______, to PS-5189-05.

 

48.  Change Order #1, as shown on page _______, to Work Order #3 to CC-0023-05.

 

49.  Amendment #1, as shown on page _______, to Work Order #14 to PS-5175-04.

 

50.  Certificate of Completion, as shown on page _______, for Work Order #51 to CC-1262-05.

 

51.  Certificate of Completion, as shown on page _______, for Work Order #17 to CC-1262-05.

 

52.  Work Order #5, as shown on page ________, to PS-5169-04.

 

53.  Change Order #1, as shown on page _______, to CC-1449-06.

 

54.  Amendment #3, as shown on page _______, to RFP-4147-02.

 

55.  Work Order #35, as shown on page _______, to CC-1267-05.

 

56.  Work Order #8, as shown on page _______, to CC-1075-06.

 

57.  Work Order #5, as shown on page ________, to CC-1075-06.

 

58.  Maintenance Bond #17-25-28, as shown on page _______, in the amount of $4,531.28 for the project known as Alaqua Lakes Phase 8.

 

59.  Work Order #46, as shown on page _______, to PS-5120-02.

 

60.  Amendment #2, as shown on page _______, to RFP-600094-06.

 

61.  RFP-600171-07 Contract, as shown on page _______, for County-wide Landscape Installation, Concepts in Greenery, Inc.

 

62.  RFP-600171-07 Contract, as shown on page _______, for County-wide Landscape Installation, Cato Environmental Services, Inc.

 

63.  Certificate of Completion, as shown on page _______, for CC-1221-03, APAC-Southeast, Inc.

 

64.  Amendment #3, as shown on page _______, to RFP-4152-02.

 

65.  Work Order #47, as shown on page _______, to PS-5120-02.

 

66.  Executive Order #2, as shown on page _______, declaring Local State of Emergency re:  current wildfires in or near Seminole County.

 

67.  Work Order #18, as shown on page _______, to PS-566-00.

 

68.  Planning Funding Agreement, as shown on page _______, for 800 Mhz Rebanding Consulting Engineering and Project Management, Televate, LLC.

 

69.  Jobs Growth Incentive Program Agreement, as shown on page _______, with Dynafire, Inc. as approved by the BCC on March 14, 2006.

 

70.  Lawyers Title Insurance Corp. Policy #A81-0266847,  Corporate Warranty Deed, a Temporary Construction Easement, and Amended Notice of Commencement, as shown on page _______, for CR 15 (Monroe Road) Parcel Nos. 121/721A/721B, Vantage Pointe Properties.

 

71.  Lawyers Title Insurance Corp. Policy #A81-0266846 and General Warranty Deed, as shown on page _______, for CR 15 (Monroe Road) Parcel #116, Mary Byrne Ostrander.

 

72.  Planning Funding Agreement, as shown on page _______, for 800 Mhz Rebanding Reconfiguration, Nextel Operations, Inc.

 

73.  Bids as follows:  IFB-600172-07; CC-1996-07; RFQ-600177-07; RFP-600192-07; PS-2084-07; and CC-2009-07.

 

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     Attorney McMillan advised the District Court has dismissed with prejudice the case of Alan Wayne Davis v. Dwayne Kvalheim, et al, determining that this was a frivolous and abusive filing. 

REGULAR AGENDA

     Meloney Lung, Support Services, addressed the Board to request direction with regard to moving forward on the maintenance and ownership of platted parks that have been identified for perpetual use by the public on a plat accepted by the BCC.  She advised of one particular piece of property located on Florida Avenue behind the Taco Bell that has had clean-up issues in the past; and said, if the Board chooses, they could use this property as a test case. 

     Commissioner Carey stated they have had major problems with the property on Florida Avenue and most recently a young girl was pulled into the woods and raped.  She said she believes the Board should address this and use this property as a test case.  She added that the property could be used for affordable housing. 

     Upon inquiry by Commissioner Dallari, County Attorney McMillan advised he would only recommend pursuing one of the properties at first because there is a whole host of issues that could arise. 

     Chairman Henley stated at this time he would be hesitant to commit to say the property will be used for affordable housing because he does not believe the County has enough parks or green space for enjoyment.  However, he would agree with using the property as a test case. 

     Commissioner Van Der Weide agreed to move forward to determine the ownership of the property and then the staff can analyze all the options. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to direct staff to pursue the title search and whatever is necessary to resolve the ownership issue with property consisting of 2.8 acres located on Florida Avenue, behind the Taco Bell at Lake Jenny. 

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

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     Sabrina O’Bryan, Economic Development, addressed the Board to request direction on a Jobs Growth Incentive & Business Retention Project with Invacare Florida Corporation.  She advised the city of Sanford last night agreed to fund $56,250 of the cost.  She further advised Invacare Florida Corporation’s expansion project will result in various site improvements and a capital investment of $1,265,000.  She said the expansion will create 50 new jobs, for a minimum of two years, earning an average salary of $29,754 per year. 

     Commissioner McLean stated Invacare has done a great job and he is excited about the expansion. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to authorize the Chairman to execute a Jobs Growth Incentive Agreement, as shown on page _______, with Invacare Florida Corporation in the amount of $112,500; and approve and authorize the Chairman to execute Interlocal Agreement, as shown on page _______, with the city of Sanford regarding the City’s contribution in the amount of $56,250. 

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

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     Solid Waste Manager, David Gregory, addressed the Board to present request to determine that specific companies do not meet the criteria for the issuance of Certificates of Public Convenience and Necessity for waste collection because the firms have not complied with the insurance requirements of the County Code.  He stated that staff is continuing to work with these firms to address the insurance issues and they will be allowed to resubmit their applications if they provide the proper proof of insurance. 

     Upon inquiry by Commissioner Carey, County Attorney, Robert McMillan, advised the companies have the appropriate insurance, but staff is having a hard time getting them to issue a statement that the hauler is in compliance with Chapter 235 of the County Code. 

     Mr. Gregory advised staff is asking approval from the Board to take the necessary steps to revise the insurance requirement statement to say the County will verify compliance with Chapter 235. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to determine that the following applicants do not meet the criteria for the issuance of Certificates of Public Convenience and Necessity for waste collection because the firms have not complied with the insurance requirements of Seminole County Code Section 235.52:  ACME Recycling Industries, LLC; Advance Waste Services, LLC; Johnson & Johnson Roll Off Specialties, Inc.; RMD Americas of Florida, LLC; Safety-Kleen; USA Services of Florida, Inc.; and Weeks & Weeks Waste Service, Inc., dba Maddox Waste Services; and to direct staff to take the necessary steps in revising certain insurance requirements in Section 235.5 of the Seminole County Code, as recommended by staff. 

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

CHAIRMAN’S REPORT

     Chairman Henley requested permission from the Board to do a mass mail-out to the residents of Longwood responding to the City of Longwood’s information they sent out because the information is not correct.  He advised the City stated that the County and State of Florida are not responding to their vision for their City. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize Chairman Henley to do a mail-out to the residents of Longwood to set the record straight with regard to the information the City sent to their residents. 

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

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     Chairman Henley requested Board authorization to schedule public hearings to consider two Charter Amendments regarding the Commissioners’ salaries and disclosure of ownership.  Copies of proposed ordinances were received and filed. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to authorize scheduling public hearings to consider Amendments to the Seminole County Charter regarding County Commissioners’ salaries and disclosure of ownership for land use and zoning applications. 

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

COUNTY MANAGER’S REPORT

     County Manager, Cindy Coto, discussed Memorandum (copy received & filed) dated June 11, 2007 regarding Anchor Road Business Center Annexation into the City of Casselberry.  She stated that the County is trying to do joint planning agreements with all the cities.  She expressed her concern that the proposed annexation will set a precedent because they are taking a corner-clip, which will create an enclave.  She asked the Board to allow Planning staff to attend the City’s meeting on June 25, 2007 to voice the County’s objection to the annexation. 

     Chairman Henley stated he believes this annexation should be challenged. 

     Attorney McMillan said that if the Board wants to challenge the annexation, he would like to have one of his attorneys also attend the City’s meeting and have a court reporter present. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to direct staff to challenge the proposed annexation of Anchor Road Business Center by the City of Casselberry at their meeting on June 25, 2007; thereby, keeping the County’s options open. 

     Under discussion and upon inquiry by Commissioner McLean, Attorney McMillan advised it is best to have a court reporter make a record of the meeting. 

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

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     The Chairman recessed the meeting at 11:40 a.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, 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 Dallari, seconded by Commissioner Carey 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. 

WATER CONSERVATION ORDINANCE (Continued)

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to enact an Ordinance amending Part 5, Chapter 270 of the Seminole County Code entitled “Emergency Water Conservation Ordinance”, and rescind the Emergency Water Shortage Resolution #2001-R-13, received and filed.

     David Gregory, Environmental Services, addressed the Board to state the proposed ordinance was initiated in response to the changes of the St. Johns River Water Management District water conservation rules.  He stated the ordinance identifies two specific days when residents and businesses can irrigate landscape.  The ordinance allows for certain exemptions such as drip irrigation and it allows for variances to be granted by the Environmental Services Director.  The ordinance also includes enforcement provisions that make violations of the ordinance a Class I code violation. 

     Debbie Meinert, Water & Sewer Division, addressed the Board to inform Commissioner Carey what cities have or are in the process of adopting the same ordinance.

     Robert McMillan, County Attorney, explained to Commissioner Carey what a Class I violation is and what will be done to those in violation of the ordinance.

     Ms. Meinert explained to Commissioner Carey the standard operating procedure in educating the residents. 

     Commissioner Carey stated she feels the County’s landscape requirements need to be looked at.  She stated staff needs to make sure that they contact the cities about the medians as people see the medians being watered during the day, and that is a problem.

     Ms. Meinert stated staff will contact the cities if they are violating the ordinance.  She stated reclaimed water is not exempted from this.

     No one spoke in support or in opposition.

     Motion by Commissioner McLean, seconded by Commissioner Dallari to enact Ordinance #2007-18, as shown on page ________, amending Part 5, Chapter 270 of the Seminole County Code entitled “Emergency Water Conservation Ordinance”, and adopt appropriate Resolution #2007-R-116, as shown on page ________, rescinding Emergency Water Shortage Resolution #2001-R-13, as described in the proof of publication.

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

DISPOSITION OF COUNTY PROPERTY

FOR AFFORDABLE HOUSING

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt a Resolution approving an available property inventory list appropriate for use as affordable housing pursuant to F.S. 125.379, received and filed.

     Meloney Lung, Support Services, addressed the Board to state Florida Statute 125.379 requires that each county prepare an inventory list of all real property within its jurisdiction which the County holds fee simple title that is appropriate for use as affordable housing.  This list must be updated every three years.  Staff presented a list to Community Assistance and they developed some preliminary assessments and came up with four properties.  Three properties were purchased by Environmental Services and the fourth was donated from a tax deed.  She stated she would like the Board to approve the list today and when Community Assistance decides how they will move forward with the affordable housing process, staff will come back to the Board to determine whether or not they would like to reimburse those funds.  When this comes back, staff can bring back the appraised value and assessed value, then the Board can make a decision of what to do with the property.  Staff recommends approval of the request. 

     Upon inquiry by Commissioner Dallari, Ms. Lung advised the two Red Bug Lake Road parcels are off the list.

     Ms. Lung informed Commissioner McLean that staff can come back to amend the list at any time. 

     Commissioner Carey stated she would like for staff to try to work with community organizations, such as Habitat for Humanity.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt appropriate Resolution #2007-R-114, as shown on page _________, approving an available property inventory list appropriate for use as affordable housing pursuant to F.S. 125.379, as described in the proof of publication.

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

VACATE & ABANDONMENT/Forest Creek, Inc.

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to vacate and abandon a drainage easement, as recorded in O.R. Book 1050, Page 564 of the public records of Seminole County, in Section 08, Township 21 S, Range 29 E, Forest Creek, Inc., received and filed.

     Brian Walker, Development Review, addressed the Board to state the applicant is requesting to vacate a 25 ft. wide drainage easement that runs south at a 90 degree angle.  Staff has determined that the easement is no longer needed or used.  New piping installed with the development of Bella Vista Subdivision carries water that was once conveyed by this easement.  An easement over the piping and dedicated to Seminole County has been put in place via the Bella Vista plat.  The applicant desires to vacate the easement in order to remove it from the new residential lots over which it currently runs.  Staff recommends approval of the request.

     Arley Trent, 8207 Shubert St., addressed the Board to answer questions for Commissioner Van Der Weide relating to how long it will take to finish the ground cover and landscaping.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2007-R-115, as shown on page _________, vacating and abandoning a 25 foot drainage easement that funs south at a 90 degree angle from the centerline of Sand Lake Road for a distance of 300 feet, as recorded in O.R. Book 1050, Page 564 of the public records of Seminole County, in Section 08, Township 21 S, Range 29 E, as described in the proof of publication, Forest Creek, Inc.

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

REZONE/Frank Joyce

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone 1.09+ acres located on the north side of Fifth Street, approximately 300 ft. west of the intersection of CR 419 and Fifth Street, from R-3 (Multiple-Family Dwelling) to R-1B (Single-Family Dwelling), Frank Joyce, received and filed.

     Austin Watkins, Planning, addressed the Board to state the applicant is requesting to rezone to R-1B, Single Family Dwelling District.  The Future Land Use designation of the subject property is High Density Residential and allows the requested zoning district.  The applicant is proposing to construct five single-family homes.  Staff has received one letter of support.  Staff recommends approval of the request.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance #2007-19, as shown on page _________, approving rezoning 1.09+ acres located on the north side of Fifth Street, approximately 300 ft. west of the intersection of CR 419 and Fifth Street, from R-3 (Multiple-Family Dwelling) to R-1B (Single-Family Dwelling), as described in the proof of publication, Frank Joyce, based on staff findings.

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

SECOND AMENDMENT/HIBC

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to approve Second Amendment to the Third Amended and Restated Development of Regional Impact (DRI) Development Order for the Heathrow International Business Center with findings that the amendment is not a substantial deviation to the DRI; approval of the Second Amendment to the Third Amended and Restated Commitments, Classification and District Description for the Heathrow International Business Center Planned Unit Development for 188+/- acres, located on the south side of CR 46A, approximately bounded by I-4, Banana Lake Road and Lake Mary Blvd., Shutts & Bowen, LLP, received and filed.

     Ian Sikonia, Planning, addressed the Board to state the subject property consists of 188 acres in the DRI and 159 acres in the PUD.  The City of Lake Mary annexed 46.3+/- acres of HIBC PUD that included Tracts O, P, and a portion of Tract N of the PUD.  These parcels were part of the agreement with Seminole County and Colonial Realty Ltd. Partnership relating to Colonial Center Heathrow.  The purpose of the major amendment is to ensure that the HIBC PUD Final Master Plan, development program, and related entitlements are consistent with the jurisdictional boundaries of Seminole County and City of Lake Mary.  He reviewed the following six revisions to the Second Amendment to Third Amended and Restated Development Order:  (1) Changing the development name to Colonial Center Heathrow; (2) Revising the development plan to reflect adjusted office, residential, right-of-way, and open space acreages/square footages in response to the annexation, built environment, and improved surveying and measuring techniques; (3) Revising the master plan to reflect the annexation of Tracts O, P and a portion of Tract N and development plan; (4) Revising the legal descriptions; (5) Correcting the acreages/square footages within the entire PUD due to the built environment, and improved surveying and measuring techniques; and (6) Replacing the Open Space Summary Table contained in the Third Amended and Restated Commitments, Classification, and District Description.  He noted that the proposed uses to Tracts O, P, and N will convert to office space and office/multi-family family.  There are no increased impacts resulting from the proposed amendments.  Seminole County will continue to provide water and sewer service to the HIBC within the County and City of Lake Mary.  The East Central Florida Regional Planning Council (ECFRPC) issued a letter stating that the proposed changes to the HIBC DRI do not result in an automatic substantial deviation determination pursuant to the threshold criteria of the Florida Statutes.  The ECFRPC recommends that the proposal does not require additional regional review.  He stated the City of Lake Mary approved a DRI NOPC for a portion of the DRI within Lake Mary as well as the PUD amendment.  The Planning & Zoning Commission recommended approval of the request based on staff findings.  Staff is also recommending approval of the request.

     Robin Drage, Shutts & Bowen, addressed the Board to commend Mr. Sikonia and Tony Matthews for their diligent work on the DRI.  She stated she concurs with staff recommendations.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to approve Second Amendment to the Third Amended and Restated Development of Regional Impact (DRI) Development Order, as shown on page _________, for the Heathrow International Business Center with finding that the amendment is not a substantial deviation to the DRI; and approval of the Second Amendment to the Third Amended and Restated Commitments, Classification and District Description, as shown on page _________, for the Heathrow International Business Center Planned Unit Development for 188+/- acres, located on the south side of CR 46A, approximately bounded by I-4, Banana Lake Road and Lake Mary Blvd., as described in the proof of publication, Shutts & Bowen, LLP, based on staff findings.

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

LEGISLATIVE UPDATE

     April Boswell, Assistant County Manager, addressed the Board to submit a memorandum (received and filed) along with a spreadsheet on the bills that the Governor has signed. 

     Susan Dietrich, Assistant County Attorney, addressed the Board to advise the items in bold on the chart have been signed by the Governor.  She referred to HB 746 and advised that this bill provides additional workers’ compensation protection for first responders and the Governor signed it on June 8.  She stated staff is analyzing the impacts of each department’s items and they will provide that information to the Board in July. 

     Ms. Dietrich reviewed for Commissioner Dallari what additional illnesses were added to the Workers’ Compensation. 

     Ms. Boswell informed the Board of what is happening in the Special Session.  The House is holding a session from 3:00 p.m. to 4:00 p.m., today and the House Policy and Budget Council is meeting until 6:00 p.m.  She stated Lisa Spriggs and David Johnson have analyzed the information contained in the June 8 letter (not received & filed) and they have provided information on what the impacts will be in Seminole County.  She said staff has a draft letter for the Chairman to execute to express to the Legislature the County’s concerns relating to the Altamonte Springs fire district takeover. 

     Upon inquiry by Chairman Henley, Ms. Boswell advised she will notify Mr. Bobby Brantley that the Board would like his office to read that into the Record.

     Commissioner Carey advised she has spoken to Representatives Hayes and Adams about this issue and relayed that if the County had not taken Altamonte Springs in at that time, it would only be a 5% rollback.  Both representatives indicated that there isn’t any way to differentiate that, but there is a way for the County to correct it themselves.  The Legislature would allow the BCC to make that change with a 2/3’s vote.  Representative Hayes has submitted a copy of that information to her and she has forwarded it to each Board member. 

     Lisa Spriggs, Fiscal Services Director, addressed the Board to submit copies of an analysis (received and filed) of how the proposed property tax relief form bill will affect the General and Fire Funds.  She stated staff has recently received the bills and will be reviewing them to see what is in the language.  She continued by covering the basics of what is being proposed now relating to reductions in the General and Fire Fund Revenue and Property Tax Revenue.  Seminole County will fall in the 7% category due to the change being calculated at 9.2%.  She reviewed the effect of the Altamonte Springs fire district being rolled in the 2003 tax roll. 

     Commissioner Carey recommended that Mr. Brantley’s office read that information into the Record during the session.

     Ms. Spriggs stated she inquired as to how many Public Safety MSTUs there were and they did not have a handle on that.  She said she informed the Board by e-mail that the General Fund impact was about $17.5 million and that was based on existing property increasing 5% this year.  She added that Mr. Johnson anticipated an estimated rollback number of 4.2263 and that change is based on what the current tax roll is.  She explained how the property tax reform works.

     David Johnson, Property Appraiser, addressed the Board to state the County will get to keep new construction, which is about $1 billion, but when they get to a more built-out situation, that new construction decreases. 

     Upon inquiry by Chairman Henley, Mr. Johnson advised he has not calculated how much the School Board’s increase is in the millage rate.

     Ms. Spriggs explained for Commissioner McLean the revenue growth compared to the State average.  She stated she can forward to the Board the growth comparison for all 67 counties.

     Commissioner Carey stated the table that Ms. Spriggs submitted to the Board shows the per capita levies in 2005/2006 for the counties and cities.  She recommended forwarding this information to the cities for them to review.

     Mr. Johnson stated he feels the hardest concept the public will grasp is a 7% reduction will be seen in the revenue, but in reality that 7% translates into a 15% reduction of ad valorem revenue. 

     Upon inquiry by Chairman Henley, Mr. Johnson stated about 75% of the people will end up with a bigger benefit initially from the “supersize exemption”, but the problem is there is no cap on future increases in value.  They could end up paying more in the future under the new system because of lack of increase in value.  Discussion ensued.

     Commissioner Carey requested staff to run what it would mean if they had a 5% reduction in the Fire Fund.

     Ms. Spriggs continued by reviewing what the impact would be if they move the Constitutional Amendment the second year.  A supersized exemption of estimated taxable value impact and graphs of parcel count by Just Value were received and filed. 

     Mr. Johnson explained the parcel count by Just Value Ranges and who will benefit from it.  He stated property that appreciates at a quicker rate than the typical market will be better under “Save Our Homes” than the “supersize exemption”.  The “supersize exemption” does create more equity among recent property owners and allows for some movement of people feeling trapped in their homes, but it causes other issues. 

     Commissioner Carey recommended that Mr. Johnson run a comparison if the Constitutional Amendment passes versus “Save Our Homes”.

     Ms. Spriggs stated the low-income senior citizens will automatically receive a minimum $50,000 exemption.  Discussion ensued.

     Mr. Johnson continued by reviewing the estimate on values if the property tax reform is approved. 

     Upon inquiry by Commissioner Dallari, Ms. Spriggs advised Dr. Fishkind has looked at what this will do to the local economy. 

     Mr. Johnson stated from a real estate market standpoint, if you put more certainty back into the market, he believes an upward trend will be seen in the market. 

     Upon inquiry by Commissioner Carey, Mr. Johnson advised you would automatically be in the supersized category if you sell your home and move to another home.  The goal is to eventually do away with “Save Our Homes”.  Discussion ensued.

     Ms. Spriggs pointed out that the Constitutional Amendment will impact the school revenue and staff is not sure how that will be supplemented.

     Upon inquiry by Chairman Henley, Ms. Boswell advised she believes the bill to limit the local governments’ use of funds to educate the public did not pass, but she will check into that.

     Commissioner Carey requested staff to keep the Board updated on this.  She stated she will be attending the Florida Association of Counties conference tomorrow, Thursday, and Friday, and the Board needs to be kept informed of any major changes. 

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     Chairman Henley recessed the meeting at 3:05 p.m., reconvening at 3:11 p.m.

CHAIRMAN’S REPORT (Continued)

     Deputy County Attorney Guy Minter addressed the Board to submit a memo (received and filed) relating to the Lake Mary High School swimming pool.  He stated he and Don Fisher, Deputy County Manager, met with the representatives of the City of Lake Mary and the School Board to express their concerns relating to the pool.  He said following that meeting he has prepared a revision to the contract (received and filed).  The purpose of this document is to try to incorporate everyone’s concerns into the joint use agreement.  The intent of the contract is to require that the agreement be controlled by the schedule.  He stated the definitions in this schedule are somewhat lacking as far as giving the public a clear understanding of when they have the opportunity to use the pool facility.  In fairness to the other parties, based on the Board’s direction, they can not transmit the agreement to them until they have guidance from the BCC.  Mr. Karns does not have the benefit of the latest revised draft.

     Commissioner Carey stated she feels the attached schedules are clear as to when the school is using the pool, but what is not clear is if it is recreational swimming or lessons.  She is looking for definitions for adult exercise, lessons and recreational swim. 

     Upon inquiry by Commissioner Carey, Commissioner McLean advised the interpretation of recreational swimming means outside the venue of a team, group or club setting.  He stated he believes they can tighten the verbiage so that everyone can understand what they are doing.

     Chairman Henley stated he would like to know where in the agreement does it stipulate that the third party will pay a user fee. 

Mr. Minter stated that is not indicated in the agreement.  Discussion ensued.

     Don Fisher, Deputy County Manager, addressed the Board to state when staff met with the School Board, the third-party agreement was going to cover many of these aspects.  He stated staff can negotiate those components, but he would like to know the specifics the Board is looking for in terms of the schedule and fees.

     Chairman Henley stated he believes the concern is based upon past experiences with other pools and the Board wants to make sure that this did not follow that.  He stated he wants to be ensured that a portion of the revenue collected by the third party has to be returned to the Boosters Club. 

     Mr. McMillan stated he recalls that the third party administrative contract was up to the School Board and the Boosters and the County was not going to dictate the terms of that.  What the County was going to do is control the hours and a certain amount of time would be available to the public.

     Commissioner Dallari stated at the last meeting, the Board discussed whether or not the public would have adequate use of the pool.  He stated he would like to see how many hours per year the public will be using the pool.  The other thing is they are not actually nailing down the third-party agreement but a portion of that will be given back to the Booster Club to pay back the loans.  He said he feels the School Board should receive a copy of this agreement as well.

     Commissioner Carey stated the School Board pays the third party operator and the third party collects from people who are swimming.  She said she is not worried about that if the third party operator pays a facility charge.  She stated she has major concerns that the third party will set fees to charge the public.

     Mr. Minter stated the third-party operator will not set the fee for the public.

     Mr. Fisher clarified that the Board would like to look at some type of payment where the third-party operator makes some payment to the Boosters.  He stated he feels staff can accomplish when the pool will be available to the public.  The Board’s intent is that the fees paid by the public will be reasonable.  He said staff will bring this information back at the next meeting.

     Chairman Henley stated he would like to see in the agreement with the City and School Board that when the Sports Commission goes after a larger venue, the School Board and the City will make the facilities available so they can be able to attract a large venue.

     Upon inquiry by Commissioner McLean, Chairman Henley advised the intent was to have similar verbiage as the other facilities.

     Commissioner Carey stated she feels that language needs to be placed in the agreement that says if there is going to be an organized regional event, the facility will be open.

     Commissioner Dallari stated he feels a 12-month notice should be placed in the agreement.

     Commissioner Van Der Weide stated he feels the definition of classifications needs to be clear, and the cost to swim needs to be very reasonable.

     Commissioner Carey stated the one concern she has is this pool went from a 50 meter pool ($600,000) to a state-of-the-art facility and the language refers to two pools ($1.2 million).  The agreement indicates that the School Board has the final jurisdiction and they can modify the design of the pool.  She stated if this goes back to one pool, she feels they need to modify what the contribution is.

     Mr. Fisher stated he recalls that the School Board could unilaterally reduce the scope of the project down to the one large pool.  He stated he would like clarification as to whether there is a minimum of one or two pools.

     Commissioner McLean stated the goal was to do what they can do to have two pools.

     Commissioner Dallari stated he feels it is obvious that two pools are needed and the reduction of the scope would be on the other facilities surrounding the pool.

     Mr. McMillan stated there is a provision in the agreement that says if there isn’t going to be two pools; the County doesn’t have to provide funds.  He read this provision into the Record.

     Commissioner Carey stated the other issue she has is a lot of park parcels have been dedicated to the County and the stipulation was they had to be used as a park.  She stated she would like to see how they got the Greenwood Lakes property in the first place.  She said she would like a provision in there that says if the property stops being used as a pool facility, it will revert back to the County to be used as a park. 

     Upon inquiry by Mr. Minter, Chairman Henley stated the thing the Board is concerned about is providing a pool paid for by public dollars, to a private individual running a personal business. 

     Commissioner Carey stated George Kosmac of the School Board wanted to make sure that there was a facilities charge in the agreement.

     Mr. Minter stated the third-party operator might be sponsoring a group activity and he would be operating the entire facility for the benefit of the public and group activity.  The School Board will be operating it during the school day, but the sole responsibility for the operation and lifeguards is going to be under the control of the third-party operator.

     Commissioner Carey recommended that staff look at the other agreements.  Discussion ensued.

     Mr. McMillan stated the Board could provide a provision in the contract that the County and City would have to approve the terms of any third party agreement and that would have to come back to the Board. 

     Commissioner Carey stated this is a design/build contract and staff has time to come up with a concept of how they will operate and maintain this pool.

     Chairman Henley stated he feels it is important for them to concentrate on this document and try to approve something the BCC, School Board, and City will accept.

     Upon inquiry by Mr. McMillan, Commissioner Carey advised she feels staff needs to address the items discussed and distribute same to the BCC, School Board and the City. 


DISTRICT COMMISSIONERS’ REPORTS

     Commissioner McLean stated he would like to compliment Lisa Spriggs for discussing the Local Option Gas Tax issue during the CALNO meeting last week.

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     Commissioner McLean stated the overpass bridge dedications at the Lake Mary Elementary School (10:00 a.m) and the trail on Rinehart Road (9:00 a.m.) is scheduled for June 18, 2007, and he would like to invite the Board members to attend.

     Commissioners Dallari and Van Der Weide indicated that they are unable to attend the event as they have prior commitments.

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     Commissioner McLean informed the Board of the Jim Logue Way boardwalk dedication on June 30, 2007 at 9:00 a.m.

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     Commissioner McLean advised that some of the high schools will produce summer stock theatre and Lake Mary High is doing “High School Musical” on Friday and Saturday, July 6 and 7, 2007.  He added that his daughter is playing the lead. 

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     Commissioner Carey stated she attended the Wekiva Task Force Committee meeting and they have not written any rules for septic tanks.  She stated she reviewed some studies and the one thing that came out was fertilizers polluting the water and not septic tanks.  She said the rulemaking process will be discussed at the Department of Health meeting in September.  The Expressway Authority will discuss the alignments in September as well.

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     Commissioner Carey informed the Board that the Goldsboro Front Porch Community Center Open House is scheduled for Saturday, June 16, 2007.

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     Commissioner Carey stated Martin Luther King Junior Steering Committee is sponsoring its Juneteenth celebration at noon at Fort Mellon Park in Sanford.  She said she is unable to attend, but Commissioner Dallari has committed to attend.

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     Commissioner Carey advised the firefighters have been working with her in cleaning up the Wekiva River by adopting the Wekiva State Park for two years.  She stated they have adopted a new location from Wilson’s Landing to Katy’s Landing, and they are scheduled to clean it up on June 30, 2007 at 10:00 a.m. 

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     Commissioner Carey stated her brother-in-law brought her a copy of the March 2007 National Geographic magazine which had an article referring to Orlando and Central Florida (Seminole County).

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     Commissioner Carey wished everyone a Happy Father’s Day.

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     Commissioner Dallari stated he received an e-mail from Jerry McCollum indicating that the PD&E of CR 426 and CR 419 were approved.

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     Commissioner Dallari stated the Public Service Commission will be having a public hearing on June 26, and he would like to have Board permission to instruct Ms. Coto to have a staff member attend the meeting to submit information received from the residents relating to the problems they have been having.       The Board had no objections.

     Commissioner Carey stated she feels customers should have received notices from the Public Service Commission regarding a hearing on their request for an increase in rates.

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     Commissioner Dallari stated he would like to know the status of light commuter rail. 

     Ms. Coto stated she and staff will be attending another meeting on Friday with the funding partners (city of Orlando, Osceola County, Volusia County, and Orange County) to discuss the interlocal agreement.  She stated she hopes to brief the Board the following week relating to the contents of the agreement.

     Upon inquiry by Commissioner Carey, Ms. Coto advised the original discussions were about an acquisition with CSX and she believes they are looking at an easement. 

     Jerry McCollum, County Engineer, addressed the Board to advise he believes the State is purchasing from CSX the corridor, and they have to allow certain easements to be operated by CSX. 

     Upon inquiry by Commissioner Van Der Weide, Mr. McCollum advised he has not heard anything about the bill coming out regarding a dedicated funding source.

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     Commissioner Carey stated the TIP is on the MetroPlan’s agenda and she requested that staff inform the Chairman of the items that have been bumped off the list.

     Mr. McCollum advised he has met with the Chairman on that issue.

COMMITTEE REPORT

     No Report.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:10 p.m., this same date.

 

 

ATTEST_____________________Clerk___________________Chairman

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