BOARD OF COUNTY COMMISSIONERS

 
SEMINOLE COUNTY, FLORIDA

 

JUNE 13, 2006

 

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, June 13, 2006, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

 

     Chairman Carlton Henley (District 4)

     Vice Chairman Bob Dallari (District 1)

     Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Brenda Carey (District 5)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     The Invocation was given by Pastor Jim Bradshaw, First United Methodist Church, Sanford.

     Commissioner Dallari led the Pledge of Allegiance.

 

Awards and Presentations

     Motion by Commissioner Morris, seconded by Commissioner Dallari, to adopt appropriate Resolution #2006-R-129, as shown on page _______, proclaiming June 15, 2006, as “World Elder Abuse Awareness Day” in Seminole County.

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

     Commissioner Morris presented the Resolution to Dottie Burkett and Chief Deputy Fleming of the Sheriff’s Office.

     Ms. Burkett expressed thanks to everyone for being in Seminole County and how gracious they are for Public Defender Russo, State Attorney Wolfinger, Sheriff Eslinger, and the seven


police chiefs who have joined to fight diligently against this silent crime.

     Chairman Henley recessed the meeting at 9:38 a.m. to convene the meeting of the U.S. Highway 17-92 Community Redevelopment Agency and reconvened the meeting of the Board of County Commissioners at 9:40 a.m.

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     Commissioner Morris advised he had to leave the meeting early this afternoon and would not be present for the County Manager’s Report.  He requested the Chairman allow the County Manager to present her report at this time.

     Chairman Henley stated he would move up Item #58 on the agenda first as representatives who are present have a tight schedule to get to the airport.

County Manager’s Consent Agenda

 

     Ms. Coto advised of the following regarding the County Manager’s Consent Agenda:  (1) Item #5, lease agreement for Reflections for Community Assistance, has a change in the lease agreement relating to buildout cost.  (2) For Item #16, BAR #06-67 in the amount of $1,083,750, the amount of monies for match coming out of the General Fund Contingency has been reduced by $18,000.  (3) Item #20, BCR #06-21 in the amount of $165,919, is a cleanup item in what it does.  There is a net decrease in the Budget Change Request in the amount of $42,041.  She said they found a more efficient way versus doing transfers.  (4) Item #21, Resolution supporting participation in the Cultural Facilities Grant Program and establish a commitment to provide for match funds of $1,000,000 for the proposed Museum of Seminole History-Education Multi-purpose building, is pulled and will be discussed at the same time with Item #67, Museum of Seminole County History, as they are related.  (5) Item #28, Approve Work Order #2 under PS-0381-06 (County Services Building Re-Roofing Project) is pulled from this agenda and will be brought back at a future time after doing additional research and meeting with staff.  (6) Item #59, Resolution recognizing The Ginn Companies as a Qualified Targeted Industry and provide an appropriation of $50,400, has been pulled and a letter of withdrawal was received.  (7) A request from the Clerk was received regarding Item #61, Audit Services Selection Procedure, to list Maryanne Morse or her designee instead of David Godwin, Finance Director; and (8) Item #64, Interlocal Agreement for Public School Facility Planning and School Concurrency, is pulled from the agenda and will be brought back in a workshop format to have more in-depth discussion with staff.

     Commissioner Morris stated regarding Item #64 that there is a table of contents in the reports that relate to what the law anticipates.  He would like to have the County Attorney to review with staff and show what is required by law and what is optional so the Board knows what they are discussing.  He said all of them were probably wondering who the policy maker is in this proposal.  If they don’t do it this way, they will struggle along until the next workshop because it is a complicated agreement. 

     Chairman Henley said he was not opposed to pulling that item, if that fits in with Mr. McMillan. 

     Ms. Coto advised the Board should have received a revised floor plan (copy received and filed) for the Museum of Seminole County History, Item #67.  

     Ms. Coto pulled Item #2, Confirm appointment of Steve L. Howard as Administrative Services Director, from the Consent Agenda. She said Mr. Howard is here and she would like him to come forward and introduce himself to the Board.

     Motion by Commissioner Carey, seconded by Commissioner Morris, to approve and authorize the following, minus Items #2, #21 and #28:

Administrative Services

Risk Management

 3.  Authorization to renew the County’s insurance benefit programs effective January 1, 2007 through December 31, 2007 and authorization for Chairman to execute agreements, as shown on page _______. 

Support Services

 4.  Approve and authorize Chairman to execute the Oak Grove Estoppel Certificate, as shown on page _______, for leased office space for the Clerk of the Court and the Tax Collector. 

 5.  Approve and authorize Chairman to execute Lease Agreement, as shown on page _______, for Reflections for Community Assistance. 

 

Community Services

 6.  Adopt Seminole County Health Department Fee Resolution #2006-R-130, as shown on page _______, to the Seminole County Administrative Code.

Community Assistance

 7.  Approve and authorize the Chairman to execute the Satisfactions, as shown on page _______, of Second Mortgage for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program as follows:  Willie H. Bailey; Regina A. Brown; Luis N. Calderon Roha and Miryam Villamar Calderon; Lorelei Jeanne Eggers; Valerie Franklin; Martha Medina; Barbara A. Montgomery; Ishmael Neufville; Lucile R. Reynolds; Mildred Rivera Artau; and Willie M. Robinson. 

 

Environmental Services

Business Office

 8.  Approve use of the standard Conditional Utility Agreement for Potable and Reclaimed Water Service as appropriate for the streamlining process as established by Resolution 97-R-66. 

 9.  Approve release of original Water and Sewer Maintenance Agreement with Letter of Credit for the project known as Lakewood Pointe Office Park. 

Solid Waste Management

10.  Approve and authorize Chairman to execute Certificate, as shown on page _______, of Public Convenience and Necessity for Seminole Masonry, Inc., to collect construction and demolition in debris in unincorporated Seminole County.

11.  Approve and authorize Chairman to execute Certificate, as shown on page _______, of Public Convenience for ACME Recycling Industries, LLC., to operate a recycling facility as described on the Certificate.

 

Fiscal Services

Administration

12.  Adopt Resolution #2006-R-131, as shown on page _______, to ratify issuance by the Orange County Housing Finance Authority of the Homeowner Revenue Bonds and Homeowner Subordinate Revenue Bonds of up to $50,000,000 over the next year on behalf of Seminole County. 

Budget

13.  Budget Amendment Resolution #2006-R-132, as shown on page _______, #06-64 in the amount of $68,133, Library and Leisure Services – Library and Leisure Services Grants (Federal).  Allocation of funds received from the Hurricane Recovery Urban and Community Forestry Grant.  Grant is for $68,133 and reimburses funds previously expended for tree replacement costs incurred as a result of the 2004 hurricanes.  Acceptance of the Hurricane Recovery Urban and Community Forestry Grant was approved by the Board on May 23, 2006.

14.  Budget Amendment Resolution #2006-R-133, as shown on page _______, #06-65 in the amount of $12,100, Library and Leisure Services – Library Donation Fund.  Allocation of funds received from Friends of the Library Grant.  Friends of the Library have donated $12,100 to be used towards the Summer Reading Program.  Approximately $9,000 will be utilized for the purchase of paperback books and $3,100 is for contractors for the children’s program.

15.  Budget Amendment Resolution #2006-R-134, as shown on page _______, #06-66 in the amount of $37,705, Public Safety – General Fund. Appropriate funds for the second phase of carpet replacement at the Public Safety Building.  Funds are currently budgeted in FY 2006/07 for the project.  Due to condition of current carpet and the accelerated timeline of the project, Facilities Maintenance Division will have the project completed prior to the end of FY 2005/06.  FY 2006-07 budget will be reduced by $37,705.

16.  Budget Amendment Resolution #2006-R-135, as shown on page _______, #06-67 in the amount of $1,083,750, Administrative Services – General Fund.  Appropriation of the Hazard Mitigation-Wind Retrofit Grant of $650,250 awarded by the Florida Department of Community Affairs and the $216,750 match requirement.  Hazard Mitigation-Wind Retrofit Grant Program provides funding for projects designed to reduce or eliminate long-term risk to property from natural hazards.  Total project cost is $867,000.  General Fund Reserves are being proposed for the match requirement and requested to be transferred to the new grant fund.  The adjusted General Fund Reserve for Contingencies will be $17,705,417.

17.  Budget Amendment Resolution #2006-R-136, as shown on page _______, #06-68 in the amount of $85,000, Fiscal Services – Solid Waste MSBU Fund and MSBU Fund.  Funds required for development and implementation of a database for MSBU non-ad valorem assessments that will be compatible/interactive with Sci-Net programming.  Funding for the new system will replace problematic AS400 database.  Funding will be provided from Solid Waste (15100) and General MSBU (16000) reserve funds.

18.  Budget Amendment Resolution #2006-R-137, as shown on page _______, #06-69 in the amount of $106,388, Public Works – Transportation Trust Fund.  Recognize additional funds to be received from the City of Winter Springs for the State Road 434 Access Management and Resurfacing project, pursuant to the First Amendment to the Interlocal Agreement between Seminole County and the City of Winter Springs.  The First Amendment is being presented for approval in this meeting’s Public Works consent agenda for Board approval.  Project completion is anticipated for June 2006.

19.  BCR #06-20 in the amount of $36,250, Environmental Services - Allocation for new 6” diesel powered mobile pump to replace a pump that was used extensively during the last hurricane season.

20.  BCR #06-21 in the amount of $123,878, Community Services – Affordable Housing Trust Fund 04/05 Community Development Block Grant and General Fund.  Staff is requesting approval to lease space at Reflections to relocate Community Assistance staff from the Health Department (13 positions) and from the County Services Building (13 positions).  This BCR provides funding for the lease space and equipment upon approval for July through September 2006, and to provide the necessary communications improvements to support this relocation.  The improvements include cabling and hardware for computers and phone system.  The remainder of the initial build-out cost has been factored into the proposed lease.

Grants

22.  Approve and authorize Chairman to execute the Hazard Mitigation-Wind Retrofit Grant Agreement, as shown on page _______, between the Florida Department of Community Affairs and Seminole County; and approve coordinating Budget Amendment Resolution #2006-R-135, in the amount of $1,083,750 (Item #16). 

MSBU

23.  Approve and authorize Chairman to execute Satisfactions, as shown on page _______, of Lien for the Oak Park Wall Reconstruction MSBU for the following:  Chris D. & Karen M. Borglum; Myoung W. Shin; Drew & Elizabeth Nemec; and Church Tuskawilla United Methodist, Inc.

24.  Authorize scheduling and advertising a Public Hearing for the purpose of adopting the non-ad Valorem assessment rol1. 

Purchasing

25.  Accept and authorize the Chairman to execute the Certificate, as shown on page _______, of Final Completion of CC-0018-05/BHJ, Renovation of the Central Transfer Station Anvil Top Tipping Floor.

26.  Approve the ranking, authorize negotiations and award PS-0676-06/DRR, as shown on page _______, New Oxford Road Preliminary Engineering and Final Design, to Ghyabi & Associates, Inc., Deland, ($600,000.00).

27.  Approve ranking list, authorize negotiations and award PS-0709-06/BLH, as shown on page _______, Howell Creek Basin/Red Bug Lake Road Regional Stormwater Facility Project, to TEK Science and Engineering, Inc. of Winter Park.  (Estimated at $250,000.00 per year.)

29.  Approve Amendment #2, as shown on page _______, to PS-567-00/BJC, Preliminary Engineering and Final Design and Environmental Permitting Services for Bunnell Road, with Inwood Consulting Engineers, Inc., Oviedo, FL ($48,652.75).

30.  Approve Amendment #1, as shown on page _______, for PS-5100-01/BJC, Engineering Services for Project Development and Environmental Re-evaluation of S.R. 434-Edgewater Drive with Transportation Engineering, Inc., dba TEI, Lake Mary, (Professional Services Rate Increase).

31.  Award RFP-0778-06/BHJ, as shown on page _______, Closing Agent/Title Search Services, to American Acquisition Title, Inc., Tampa (Not-To-Exceed $500,000.00 per year).

32.  Award RFP-0780-06/TRJ, as shown on page _______, Billing Services for EMS Transport – Seminole County EMS/Fire/Rescue, to Advanced Data Processing, Inc., Miami.  (6.25% of collections, excluding Medicaid Accounts, plus $7.50 per Medicaid Account.)

33.  Approve Amendment #3, as shown on page _______, to Work Order #3 for RFP-489-00/BJC, Appraisal Services for Lake Emma Road, with the Spivey Group, Inc., Orlando, ($100,000.00 and a Time Extension through completion of Scope of Services or the Litigation; whichever is later).

34.  Award RFP-4269-06/BJC, as shown on page _______, Term Contract for Water and Wastewater Laboratory Services, to Flowers Chemical Laboratories, Inc., Altamonte Springs, as a Primary Contractor and Harbor Branch Environmental Laboratories, Inc., Sanford, as a Secondary Contractor.

35.  Approve Amendment #3, as shown on page _______, to RFP-4227-04/GMG, Concession Operations Agreement for Snacks, Beverages, Hot/Cold Vending Services for County Services Building, Courthouse and Criminal Justice Center, with Snack Time Vending, Inc., Longwood (Revenue Generating Agreement).

36.  Approve Amendment #3, as shown on page _______, to M-374A-04/TLR, Boat Ramp Construction at C.S. Lee Park and Mullet Lake Park with Randall G. Tedder Construction, Ocala ($42,683.40).

 

Library & Leisure Services

37.  Approve and authorize Chairman to execute a Service Agreement, as shown on page _______, with the Mash Potato Players to provide children’s programs at the branch libraries as part of the Summer Reading Program.

 

Planning & Development

Building & Fire Division

38.  Authorization to advertise an Ordinance amending Chapter 40, Seminole County Code, to eliminate the six (6) existing contractor examiner boards, and create one (1) new board titled “Seminole County Contractor Examiners Board”. 

Community Resources

39.  Adopt Resolution #2006-R-139, as shown on page _______, renaming a portion of Wekiva Park Drive to Montessori Way to avoid confusion and delays in emergency response. 

40.  Adopt Resolution #2006-R-140, as shown on page _______, renaming River Bend Drive to River Bend Court to avoid confusion and delays in emergency response. 

Development Review

41.  Authorize release of Mirror Lake Commercial Maintenance and Escrow Agreement for $37,000.00 and Cash Maintenance Bond; Temple of Israel Maintenance and Escrow Agreement for $15,300.05 and Cash Maintenance Bond; and Lake Forest Section 17 Maintenance Bond #5005297 for $25,805.60 (Safeguard Insurance Company) for road improvements. 

42.  Approve and authorize Chairman to execute the minor plat for Ancient Forest located on the north side of Brumley Road, south of Clearview Road, and northeast of Lake Mills Road, Chuluota, Walter B. Walker. 

Planning

43.  Approve request of a Special Event Permit for a musical performance to be held at 151 Lakeside Drive, Sanford, Florida, on Sunday, July 12, 2006 from 3:00 PM until 7:00 PM (Bettina Fulford). 

 

Public Safety

EMS Performance Management

44.  Approve and authorize the Chairman to execute one-year Certificates, as shown on page _______, of Public Convenience and Necessity (COPCN) renewals for Florida Hospital, Orlando Regional Healthcare System, Rural Metro Ambulance and Central Florida Ambulance d/b/a American Ambulance; and two-year Certificates, as shown on page _______, of Public Convenience and Necessity renewals for Casselberry Fire Department, Lake Mary Fire Department, Longwood Fire Department, Oviedo Fire Department, Sanford Fire Department, Seminole County EMS/Fire/Rescue and Winter Springs Fire Department; and one-year Ambulance Franchise Agreements, as shown on page _______, renewals for Rural Metro Ambulance and American Ambulance. 

 

Public Works

Engineering

45.  Adopt Resolution #2006-R-141, as shown on page _______, accepting a Sidewalk Easement, as shown on page _______, for the construction of a sidewalk along a portion of Country Club Road. 

46.  Approve and authorize Chairman to execute the First Amendment, as shown on page _______, to the Interlocal Agreement between Seminole County and the City of Winter Springs for Maintenance of Landscaping, Hardscaping and Street Lighting in conjunction with the State Road 434 Access Management Program. 

Traffic Engineering

47.  Adopt Resolution #2006-R-142, as shown on page _______, to update the Seminole County Administrative Code to include the “Traffic Engineering Fees” as outlined in Resolution No. 97-R-128.

 

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

 

County Attorney’s Consent Agenda

 

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

Litigation

48.  Approve proposed negotiated settlement relating to Parcel Number 140 on the Bunnell Road improvement project, in the amount of $30,461.50 inclusive of all land value, severance damage, statutory interest, attorney’s fees, expert fees and cost reimbursements; Loyless Dagg and Lisa Dagg Acton property. 

49.  Approve proposed negotiated settlement relating to Parcel Number 110 on the Eden Park Avenue road improvement project, in the amount of $55,000.00 inclusive of all land value, severance damage, statutory interest, attorney’s fees, expert fees and cost reimbursements; Patricia M. Moran. 

Property Acquisition

50.  Authorize Binding Written Offers/Offers of Judgment relating to Parcel Numbers 106, 107, 108, 109, 110, and 111 of the Cross Seminole Trail from Longwood/Lake Mary Road to Big Tree Park, Longwood, Florida.

 

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

 

Constitutional Officers’ Consent Agenda

 

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

Clerk’s Office

51.  Expenditure Approval Lists, as shown on page _______, dated May 8, 15, & 22, 2006; and Payroll Approval List, as shown on page _______, dated May 4, 2006.

52.  BCC Official Minutes dated May 9, 2006.

 

Sheriff’s Office

54.  Approve and authorize Chairman to execute a Budget Amendment Resolution #2006-R-143, as shown on page _______, in the amount of $52,716 for a three-month period from 7/1/06 – 9/30/06 from the Florida Department of Juvenile Justice Assessment Center to continue to provide Juvenile Justice Assessment Center services. The monthly amount of funds received is $17,572 for a yearly amount of $210,846.  No new positions are included in this request.

55.  Approve and authorize Chairman to execute a Budget Amendment Resolution #2006-R-148, as shown on page _______, in the amount of $162,402 for a three-month period from 7/1/06 – 9/30/06 from the Florida Department of Juvenile Justice Center to continue to provide Juvenile Enforcement Center services.  The monthly amount of funds received is $54,134 for a yearly amount of $649,608.  One new position is included in this request. 

 

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.  Non-Certified Tennis Pro Agreement, as shown on page _______, with Eleanor Bailey.

 

 2.  First Amendment, as shown on page _______, to Master Agreement PS-0381-06, Matern Professional Engineering.

 

 3.  Work Order #25, as shown on page _______, to RFP-4214-04.

 

 4.  Work Order #4, as shown on page _______, to PS-5153-03.

 

 5.  Work Order #30, as shown on page _______, to CC-1262-05.

 

 6.  Satisfactions, as shown on page _______, of Lien for Frank & Mary Jackson (Case #04-40-CEB), and Charles & Sharon Lindsey (Case #03-07-CEB), as approved by the BCC on October 25, 2005.

 

 7.  Satisfaction, as shown on page _______, of Connection Fees for the project known as Sturbridge Oaks - Resource Alliance, Inc.

 

 8.  Utility Agreement, as shown on page _______, for sewer service with NAP Seminole Marketplace LLC, for the project known as Arby’s.

 

 9.  Bill of Sale, as shown on page _______, accepting water and sewer systems within the project known as The Gathering Place - The Gathering Place Worship Center.

 

10.  IFB-600017-06 Term Contract, as shown on page _______, for purchase of fire fighter rescue escape devices with Fisher Scientific Company.

 

11.  Work Order #4, as shown on page _______, to CC-1267-05.

 

12.  Amendment #1, as shown on page _______, to Work Order #21 to PS-5130-02.

 

13.  Work Order #6, as shown on page _______, to PS-5100-01.

 

14.  Work Order #1, as shown on page _______, to PS-0123-05.

 

15.  Certificate, as shown on page _______, of Substantial Completion for CC-0273-05.

 

16.  Maintenance Bond #5750198, as shown on page _______, in the amount of $30,536 for the project known as Shoppes @ Hunt Club/AmSouth.

 

17.  Change Order #1, as shown on page _______, to CC-1212-03.

 

18.  Second Amendment, as shown on page _______, to RFP-4143-01.

 

19.  Work Orders #35 and #36, as shown on page ______, to PS-5120-02.

 

20.  Work Order #3, as shown on page _______, to PS-5180-05.

 

21.  Change Order #3, as shown on page _______, to CC-1222-03.

 

22.  Work Orders #49 & #50, as shown on page _______, to PS-5130-02.

 

23.  Amendment #1, as shown on page _______, to Work Order #21 to PS-5166-04.

 

24.  First and Second Amendments, as shown on page _______, to RFP-4242-05.

 

25.  Second Amendment, as shown on page _______, to IFB-3110-05.

 

26.  First Amendment, as shown on page _______, to IFB-3069-03.

 

27.  Work Orders #6, #7 & #8, as shown on page _______, to CC-1267-05.

 

28.  Work Order #2, as shown on page _______, to PS-5190-05.

 

29.  Work Order #3, as shown on page _______, to PS-5190-05.

 

30.  Letter to Maryanne Morse, Clerk of Court, from William Monroe, Auditor General, submitting a copy of an Operational Audit of Seminole County District School Board for the period ending July 1, 2004 through June 30, 2005.

 

31.  M-0969-06 Contract, as shown on page _______, CTS Basin Repair and Maintenance, TLC Diversified.

 

32.  Second Amendment, as shown on page _______, to PS-0381-06.

 

33.  Memorandum to Sandy McCann, Commission Records, from Linda Eiland, Risk Management, submitting Endorsement 1, as shown on page _______, to Excess Liability policy approved by the BCC on 9/13/2005.

 

34.  Amendment #1, as shown on page _______, to Work Order #4 to RFP-4108-01.

 

35.  Maintenance Bond #104675286, as shown on page _______, in the amount of $7,406.96 for David Maus Toyota Rinehart Road ROW.

 

36.  Work Order #1, as shown on page _______, to PS-0219-05.

 

37.  Memorandum to Sandy McCann, Commission Records, from Linda Eiland, Risk Management, submitting Endorsements #4 & #5, as shown on page _______, to the Landmark American Insurance Co. policy as approved by the BCC on 9/13/2005.

 

38.  Work Order #4, as shown on page _______, to PS-584-01.

 

39.  Amended Mortgage Deeds, as shown on page _______, for Virginia C. Wells for the Home Rehabilitation Assistance Program, and Reuvenia L. Burch for the Home Ownership Assistance Program.

 

40.  Letter of Agreement, as shown on page _______, with Florida Institute of Government at the University of Central Florida IOG confirming that the IOG will provide facilitation services for the City/County Advisory Committee.

 

41.  Notice of Application for Extension of Service Area by Alafaya Utilities, Inc. in the River Pine Estates area.

 

42.  Work Order #46, as shown on page _______, to PS-5129-02.

 

43.  Work Order #1, as shown on page _______, to PS-5192-05.

 

44.  Second Amendment, as shown on page _______, to IFB-3110-05.

 

45.  First Amendment, as shown on page _______, to IFB-3108-05.

 

46.  M-0997-06 Contract, as shown on page _______, HDR Engineering, Inc.

 

47.  Work Order #53, as shown on page _______, to PS-5130-02.

 

48.  Metal Siding Repair Agreement CC-0855-06, as shown on page _______, Pro Steel Construction.

 

49.  Amendments, as shown on page _______, to Utility Agreements for water and sewer service with Landworks Group for the project known as United Studio Signs.

 

50.  Development Orders, as shown on page _______, as follows:  #06-3100009, Patricia Cantrell; #06-3000050, John & Emma Raucheggar; #06-3000047, Robert & Elizabeth Reinhold; #06-3000042, Jailal & Maria Ramkumar; #06-3000039, Claude & Mary Rish; #06-3000033, Alfred & Sara Rowe; #06-3000036, Michael East & Serge Knazev; #06-30000040, William Park; #06-30000038, Robert & Linda Cooper; #06-31000010, Daniel & Betsy Dubas; #06-30000049, Mary McDermott; #06-30000046, Evelyn Graves; #06-30000045, Richard & Carmen Dalrymple; #06-30000044, Dean & Tracy Compher; #06-30000041, Aurelio & Maribel Maldonaldo; #06-30000061, Jan & Ellen Borowicz; and #06-3050003, Christine Anderson.

 

51.  Bill of Sale, as shown on page _______, for the Reclaimed Water System for the project known as Carriage Homes @ Dunwoody Commons - Pulte Home.

 

52.  Customer Agreements, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for the project known as The Commons at Primera Lots 1 & 2. 

 

53.  Utility Agreements, as shown on page _______, for Water and Sewer Service with C. William Harkins for the project known as Monroe Road Development.

 

54.  Utility Agreements, as shown on page _______, for Water and Sewer Service with Lake Mary Montessori Academy.

 

55.  Utility Agreements, as shown on page _______, for Water and Sewer Service with The Hogan Group for the project known as Oviedo Professional Plaza.

 

56.  Bill of Sale, as shown on page _______, accepting water and sewer systems within the project known as Tuscany Island - Via Tuscany Development LLC.

 

57.  Bill of Sale, as shown on page _______, accepting water and sewer systems within the project known as Lake Jesup Woods - Greater Construction Corp.

 

58.  Performance Bond, as shown on page _______, in the amount of $932,520.60 for the project known as Clifton Park.

 

59.  First Amendment, as shown on page _______, to PS-0381-06.

 

60.  Amendment #3, as shown on page _______, to Work Order #18 to PS-5116-02.

 

61.  Amendment #1, as shown on page _______, to Work Order #12 to PS-586-01.

 

62.  Maintenance Bond #929358153, as shown on page _______, in the amount of $60,300 for the project known as Lake Jesup Woods.

 

63.  Cash Maintenance Bond, as shown on page _______, in the amount of $4,568.94 for the project known as Tuscany Island.

 

64.  Work Order #14, as shown on page _______, to CC-1188-02.

 

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

 

66.  Work Order #1, as shown on page _______, to M-0636-06.

 

67.  Work Order #70, as shown on page _______, to PS-556-00.

 

68.  Amendment #1, as shown on page _______, to Work Order #64 to PS-556-00.

 

69.  Change Order #2, as shown on page _______, to CC-1209-03.

 

70.  Bids as follows:  #600028-06; RFP-0863-06; RFP-0558-06; RFP-0619-06; CC-0835-06; RFP-600000-06; IFB-600009-06; and IFB-600016-06.

 
Regular Agenda

 

     Bill McDermott, Economic Development Director, addressed the Board to present the request to adopt the appropriate Resolution recognizing Pershing, LLC, as a Qualified Targeted Industry and provide an appropriation of $248,400.00 as local participation in the QTI tax refund program.  He introduced Michael Ford, Pershing Director of Human Resources, New Jersey.  Mr. McDermott stated the rate on investment is 2.1 years for all countywide taxes.

     Commissioner Morris said he thinks the Board should follow the advice of Mr. McDermott.  He said the County has enjoyed the relationship with the Pershing’s Brooklyn, NY office.

     Motion by Commissioner Morris, seconded by Commissioner Carey, approve the staff recommendation and adopt Resolution #2006-R-138, as shown on page _______, recognizing Pershing, LLC, as a Qualified Targeted Industry and provide an appropriation of $248,400.00 as  local participation in the QTI tax refund program.

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

 

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COUNTY MANAGER’S CONSENT AGENDA, Continued

 

     Ms. Coto introduced Steve L. Howard as the new Administrative Services Director, with a start-to-work date of July 3, 2006, at the salary of $86,239.

     Mr. Howard addressed the Board to state he is looking forward to the opportunity of serving the Commissioners, citizens and employees of this county and he’s looking forward to joining the team.

     Chairman Henley welcomed Mr. Howard aboard and said good luck to him.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to confirm the appointment of Steve L. Howard as Administrative Services Director, effective July 3, 2006, at a salary of $86,239.

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

COUNTY MANAGER’S REPORT

 

     Ms. Coto stated she would like to bring forward three items now and she will bring up the Willa Grove wall this afternoon.  She said she would like to separate these because there will be some members from the community attending the meeting and she is looking to give them the opportunity to hear the dialogue.

     Ms. Coto stated regarding the Casselberry CRA, the Board had a discussion at the last Board meeting regarding the 2005 annual report received from the City and some irregularities that the County noted in the annual report.  The Commission directed the Manager to send a letter to the City and ask them to look into the issue and bring forth to the Board what the problem was and what their resolution is.  She said she has not had the opportunity to talk to their interim City Manager.  He has requested to step down within the next 30 days so they will be going through another transition.  There was a meeting before the Community Redevelopment Authority Board last Friday and she has been able to obtain some of that information.  According to the background, since the inception of the CRA, it seems there have been some irregularities related to contributions from the City’s portion into the CRA.  In 2004, there also was a land transfer from the CRA to the city of Casselberry for a total of six properties designated as a shopping plaza adjacent to the City Hall.  The purchase was made by the City from the CRA on an interest-free note in the amount of $908,832.  There was an additional $62,936 in cash that was given to the General Fund to the CRA Trust Fund to reconcile the books for the total book value of the land acquired.  She is still trying to determine the total value of monies that have not been deposited into the CRA.  She believes it is in the neighborhood of $500,000 to $600,000.  It was presented to the CRA Board last Friday that a recent appraisal was done on the parcels acquired that had been transferred in 2004.  Two appraisals were at $416,000 and the other appraisal raised the value to $470,000.  What the City recommended to reconcile the difference was to adjust it because of the value of the land transfer.  So it was a paper reconciliation.  What they have recommended is that $75,000 be moved from the General Fund into the CRA fund plus the revised book value and loss on the property.  The $75,000 they have talked about consists of $14,738 TIF (Tax Increment Financing) money and $61,000 in interest earnings for payments made late over a number of years.  That is all the information she has at this time.  The CRA said they did not agree with the methodology put forward.  They are rescheduled to hear this matter again in July.  She does not know what their Board did last night at the City.  She is waiting for a phone call from the interim City Manager to provide her with any additional information he may have.

     Commissioner Van Der Weide stated he thinks they all know enough about this now to realize that something took place that is not exactly “according to oil.”  He asked when would they have the professional’s audit of those events that took place with that CRA.  Secondly, he asked what authority would the Clerk have in this with the crossing of funds between the County and the City.  He asked, is the Clerk involved or can she be involved?  He thinks it is important that the BCC have some reports back from the professionals so they understand exactly what happened to the taxpayers’ money and what’s going to happen in the future.

     Chairman Henley said it is his opinion they should request the Clerk to do a thorough audit from the very outset of this agreement and report back to this Board before they take any official action.  He said he has on his desk a request from the City Manager that the BCC consider extending the CRA for another 10 years.  He has not brought it forward yet, because he became aware there may be a problem.  He said the minutes from the CRA don’t reflect the portion what Ms. Coto indicated as a solution.

     Commissioner Morris stated it appears as though for a number of years prior to any purchase of any property and continuing all the way to this past year, abbreviated payments were being made by the city of Casselberry for their proportional share to the CRA.  The County was making its full payments, but Casselberry was not.  The formula in this case is that the Tax Collector sends a statement to the CRA in Casselberry and says you owe this many dollars of the increase in property values and this is the increase in taxes.  He said it’s a hard formula to mess up.  They apparently short-funded it by $600,000 or $700,000.  The County sold them at no interest and at cost the land the County had acquired which included business cost.  They got this land and squared off their boundaries; and years later they decided, by accounting, to discount this land back to what the appraised value was. 

     Commissioner Morris said he doesn’t believe the political body was aware of this, but he has to believe that three successive city managers were aware and the person in charge of finances had to know.  Commissioner Morris stated he doesn’t know how you can screw up a formula, but he does know what public policy should be and they all know what they intend by CRA’s.  Trying to play a game with discounted values for land to cover a shortfall of money that then went into, they think, the City’s general fund (which was not the purpose that money was to be used for), that’s where they fall into a major issue.  The Clerk needs to look at where the money went to.

     Chairman Henley stated he had received an annual report and noticed transfers from the CRA account into the General Fund.  That is what raised his attention; and the contributions from them were so lopsided.  He knew something had to be wrong.

     Commissioner Van Der Weide said rather than confuse the public any further in this discussion, he would like to assume that when they get the professionals on the job, they will get a report back that everybody will be able to understand and it will pass the test of credibility.  He added that he thinks that’s where they’re headed.

     Commissioner Dallari said he agrees whole-heartedly; they can speculate on a lot of different things, but they need to get an audit and a track of these funds for the land transfer.  He would also like to see some type of time line of when they can anticipate a report back to them.

     Commissioner Carey said one question she would like answered is, is this part of the land they just sold.  She said she thinks the audit is going to look at the financials of it, all of where the money went and transfers, and those kinds of things, but she thinks they also need to look a little deeper than just a financial audit.

     Chairman Henley asked if there was a consensus of the Board to request the Clerk to do a complete audit, and he would also request they have consent that Commissioner Morris meet with the County Manager and ask a series of questions they would like a particular answer to by the Clerk based upon her findings.  There were no objections by the Board.

     Commissioner Van Der Weide stated he thinks the Clerk is already working on it.  He would like to think any of the Commissioners that have a question would forward it to the County Manager, who would in turn forward it to the Clerk so they can move forward.

     Chairman Henley stated he thinks it is appropriate for the City and CRA to understand that the Commission is requesting this and authorizing the Clerk to proceed with that to try to get to the bottom of this so they can work out a resolution to it.

     Commissioner Morris said in their discussions, there have been some good ones with the elected officials and he had one good discussion with the Acting City Manager.  This is two-part problem--the administrative problem with audit functions and also a political problem.  He doesn’t think the elected officials have knowledge of what has occurred and they need to understand the BCC is trying to help them get to the bottom of this.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to suspend any future payments to the Casselberry CRA, during any course of time before the report comes back to them, and suspend any consideration of any extension of time for the CRA until the same such report is back. 

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

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     Ms. Coto reported that at the last meeting of the Joint City/County Committee, there was discussion and consensus related to hiring a consultant to evaluate the overall effectiveness and efficiency of Fire/Rescue/EMS services on a county-wide basis.  Staff is presently putting together some concepts that will be presented to that committee on June 21.  One of the issues that has come up is the potential funding sources.  She said there is an EMS trust fund at this time that is to be used primarily for increasing the overall effectiveness and efficiency in the delivery of EMS services.  She said at this time, they have a limited amount of funds in the trust fund and her understanding is the County is waiting on true-up money from the State in the neighborhood of $200,000 to $250,000 that may be received.  She doesn’t have a time line as to when those dollars may be received.  In putting together information for the meeting on June 21, staff felt it might be appropriate to try to identify funding sources as well, in case the overall committee decides this is the direction in which they would like to go.  She said her suggestion is if they get those funds from the State, that the funding come from the EMS Trust Fund.  If those funds are not received, then look at an alternative funding source and, at this time, she would say it probably has to be the General Fund.  The scope of the survey, depending upon what the final outcome may be, as it relates to input received from all the stakeholders (the municipalities and the County) could range from $125,000 to $150,000.  They are dealing with a total of six agencies that provide those services and what a consultant would do is evaluate those services and make recommendations as to how they could increase the overall effectiveness.   

     Commissioner Van Der Weide stated he would like to hear Commissioners Henley and Morris’s recommendations.

     Chairman Henley stated the initiative each City Commissioner and the BCC agreed to and adopted was to identify those areas that might be studied for an increase in efficiency of service and, perhaps, to do things more economically than presently being done if they consider merger of services.  He said fire is one service that has not been studied.  They have had committees working extensively on some others.  Originally, the Fire Chiefs came forward and said everything was great like it was, but since then one city has indicated no interest.  There have been two cities with Winter Springs being the most recent.  He said he asked for a copy of the study because they had made a decision that they did not want to continue, based upon the study.  He said the study was done in 2003 and it was very incomplete.  There was discussion that they really needed to do a full study before any recommendations.  He stated there have not been any recommendations made by anyone on any of these.  There was discussion as to something that, perhaps, should be looked at and then whatever the numbers showed would dictate what type recommendation would be presented.  He said, unfortunately, in some of the discussions with the city, it has been presented that the County is doing this and that.  He said the County isn’t doing it, but the decisions are coming from the Joint City/County Committee. 

     Commissioner Morris added that the committee, as a whole, voted months ago to look at consolidated services.  The subcommittee, chaired by the Fire Chief in Lake Mary, chose not to do that.  At the meeting last month, the subcommittee came back to the full committee and said they are not looking at it.  He said there has been some very good progress on a variety of issues, but there has not yet been any consideration on consolidation of anything.  There have been debates, and he said there are certain city managers who will do anything to kill any positive progress by this committee when the word consolidation comes up.  He said they’re fine with cooperation, but not with consolidation.  He said this is not a political problem, but a city manager/management problem versus why this was set up as a political body to reach out to the elected officials to show them where they could cooperate.  He stated they are asking for benchmark study to look at each one of the jurisdictions to see if there should be consolidation.  He said in the case of the city of Altamonte, they had huge success stories.  They know in some cases, it might not work as well.  His question to the city managers is, what are they afraid of.  He said the city of Lake Mary has said they don’t want a study.  He said the idea is either you increase services or you save taxes.  You do one or the other, or hopefully both, when you do consolidation. 

     Commissioner Dallari said he thinks what they’re looking at is best practice and not consolidation.  He thinks they’re going to lose focus when they start talking about consolidation.  They are looking at best practice across the board with all the cities, excluding Altamonte Springs, and the County to find out what is the best practice to find out how to operate the Fire Department paramedics, transport, how to ensure services from city to city to the County and vice versa.  From this may come consolidation, but that is a totally different sideboard conversation.

     Ms. Coto advised that the scope that staff has drafted is very much focused on effectiveness and efficiency of services.

     Upon inquiry by Commissioner Dallari, Ms. Coto explained the standards that would be followed.

     Commissioner Dallari said he wants to make sure there are different scenarios, because it is not just the safety of the public but the safety of the staff should also be addressed.  He said he also wants all the cities to understand they are going after best practice and not consolidation. 

     Commissioner Morris explained the goal is not consolidation, but it will clearly come up in the study in certain cases.  He said there is a lot to be gained and nothing to be lost.  This is good government study money to try to show a benchmark.

     Commissioner Carey said she thinks a lot of good things could come out of the study.  She publicly thanked Commissioner  Henley and Commissioner Morris for serving on the joint committee.  She said the whole committee came about to do what was best for the community as a whole.  She doesn’t think they should be afraid of what comes out of it.  The fact the committee, made up of elected leaders, has unanimously supported the efforts that have gone forward.  You would think their staffs would be a little more supportive of the representation on that committee.  She thinks the fact that the committee thinks and voted unanimously to move forward with the study, that they should look towards moving the study forward.

     Upon inquiry by Commissioner Van Der Weide on whether others are going to participate in the cost of the study, Chairman Henley said he thinks the thought was that this might be something the County would undertake. 

     Commissioner Van Der Weide said he thinks if the two members of the Board recommend going forward with a study, he thinks they have the majority vote to do that.

     Ms. Coto stated she wanted to bring this forth so when staff makes the presentation at the June 21 meeting, they could make the representation as to what the BCC supported.  She thinks she has now enough guidance that she knows what staff can present to the full body and they will see where they end up after that meeting.

     Chairman Henley asked if anyone objected to the County offering to fund the study.   

     Commissioner Van Der Weide stated he thinks the funds are available and they have the consensus of the BCC, but if they get in the meeting and, for some reason, they don’t want to move forward, they should also have that flexibility. 

     Commissioner Morris noted that there is only $40,000 to $50,000 in the EMS fund which also takes the agreement of the cities in some cases to be able to distribute it.  They may have to go into the General Fund to do this.  Also, he said the cities may be willing to pay a proportional fair share.  If they have the flexibility with funding, hopefully, that can go a long way.

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     Ms. Coto discussed the Colonial tri-party agreement, stating Mr. McMillan and Mr. Fisher have sent a draft to the BCC.  She asked Mr. Fisher to review the highlights of that agreement and the timelines being looked at.

     Chairman Henley recessed the meeting at this time, 10:32 a.m., and reconvened it at 10:41 a.m.

     Mr. Fisher addressed the Board to summarize the annexation issue.  He said the agreement presented today is what staff thinks represents the February meeting as presented to the BCC in the April meeting.  The County Attorney’s Office has played an integral part in putting the agreement together and Colonial Properties has basically agreed, although staff has not had the final confirmation at this time.  He explained that the opportunity to appeal to the Department of Community Affairs the land use amendment in process through the city of Lake Mary would be June 15.  Staff has a letter being finalized that would address the County’s concerns.  Previous letters have been sent and the County Manager spoke to their City Commission and put a letter on file expressing the County is trying to reserve its right to appeal.  The letter to be done within the next couple days is the next process in the appeal step.  Staff is seeking the Board’s concurrence that this draft agreement represents the conditions and concerns the BCC had at the February and April meetings.

     Commissioner Carey questioned if the timeline is one that they could actually work within.  Mr. Fisher explained the 24 months does not start until the resolution for necessity is adopted.  At that point, they should know the corridor the interchange would go across.  The thought is from that point the 24 months begins, so there should be enough time to get something on the streets and some response to that.

     Chairman Henley said he agrees on the reverter clause, but there are so many elements that the BCC doesn’t control and that bothers him.  He suggested the rewording to say, in the event it is not selected or used, the property would revert back.  He said he doesn’t know that the County necessarily controls the timeline.

     Whereupon, Commissioner Morris said the BCC has absolutely no control over the timeline but that is done by the Florida Department of Transportation with the Federal DOT.  He asked for Mr. McCollom, County Engineer, to give input on this.

     Mr. McCollum said the 24-month period is awfully tight.  Discussion ensued. 

     Mr. McMillan discussed the timeline, stating the design would be complete, the BCC would adopt the Resolution of necessity, and the applicant would have 30 days to deed the property to the County and then the County would have 24 months to complete acquisition and put it on the street.  He said the only question would be if the acquisition would be complete within the 24 months. 

     Whereupon, Mr. McCollum if it was one resolution of necessity, he would be concerned about the 24-month time frame.  Also DOT was looking at construction around 2010 when the funds would be available.  He said he is not sure how that goes with the time frame.    Discussion continued.

     Commissioner Morris said they also need to consider the Wekiva Parkway and the connectivity the southern alignment may or may not conflict building the ramp that goes to the parkway. 

     Mr. McMillan said he understood that the County was doing the acquisition.  However, Mr. McCollum said DOT is doing the acquisition.  Mr. McMillan stated if the County is not doing the acquisition, then he would not be comfortable with the 24 months either.  He said the BCC could adopt the resolution of necessity for all the parcels other than the Colonial parcels and do that after acquiring those parcels.  Then they would have the two years to get it on the street.  Discussion continued.

     Mr. McMillan reiterated that the BCC starts the two-year timeline and they could hold off on that until they are sure everything is in place to go forward on the construction.

     Ms. Coto asked if the agreement as written is acceptable, because if not, the subsequent action would be to seek to proceed forward to preserving their rights because the deadline is June 15. 

     Commissioner Morris said he thinks they have to go forward because they don’t know if the agreement will be signed. 

     Mr. McMillan explained the Board would not have an agreement until well after June 15.

     Upon inquiry by Commissioner Morris, Mr. Fisher advised he thinks they have as good an argument they can make regarding economic sustainability. 

     Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised staff received a letter from the Lake Mary City Manager last week and the City had some problems they could not commit to and the City Manager was willing to say they were not going to commit to not annexing.  Mr. McMillan explained the County was asking for a good-faith declaration of intent that they would not annex beyond some point.  He told the City Manager that staff would contact him later this week to set up a meeting on the agreement to see what the City is going to do.  Mr. McMillan said the City does not want to execute the agreement.  He said the operative provisions of the agreement are basically between the County and Colonial.  He said Colonial has agreed not to proceed or pursue annexation of any of the property for another ten years at least.  The staff put in the agreement those things most concerned about that would be operative between the County and Colonial, whether the City agrees or not.  So the County could move forward without the City.  The agreement has been written that it’s enforceable against any two parties that sign it.

     Commissioner Carey stated International Parkway is in great shape except down at the Lake Mary Boulevard to AAA Drive section, where there needs to be some repairs.  She understands the repairs were to be made by Colonial.  She said this area is to the point they will begin to see damages to cars because you can’t drive over it without half the tires into the holes.  She asked Mr. Fisher to make sure the repairs happen soon.

     Mr. Fisher said it needs to be clear that is not a Seminole County road and the County does not have the authority to do maintenance.  That is why it’s the responsibility of Colonial.

     Commissioner Morris explained the public believes this is a Seminole County development and that Seminole County is not maintaining the roads.  Some of the businesses are of the belief that if the city of Lake Mary takes over, they can get the road maintained.  He said the issue is that the developer is not maintaining this road at this point.

     Commissioner Carey said the County needs to be responsible and follow up on this because with the development being in her district, she gets the calls about the condition of the road there.

     Commissioner Morris clarified the annexation issue with Colonial was on the properties north of 46A, they would not annex for ten years.  The County got concurrence from the Mayor of Lake Mary that it was their intent to annex the properties from 46A down to Lake Mary Boulevard and the roadway.  That doesn’t mean they will.  The County does need to know that if they annex all those properties as it appears, that will be at today’s cost a minimum of a $2 million hit to the countywide taxpayers per year.

     Mr. Fisher added that the overall impact is much more substantial than $2 million per year.

     Commissioner Morris continued that if the County appeals this, it needs to be stated that the appeal could take at least two to two and a half years off the timeline for the City to meet their accomplishments and get approvals by DCA, St. Johns River Water Management District and all the other regulatory authorities.  If that is the case, they could move beyond the current townhomes market the developer is looking to capitalize on.  Basically, the Board is saying they are willing to forgo that and try to cooperate.  He said he doesn’t believe the city of Lake Mary or the developer believes the County is cooperating.  He said there are a lot of uncertainties and he thinks quite a bit of hostility toward the County.  He commended Chairman Henley for his negotiations and to staff for completing the negotiations.  He thinks this is the best they can get.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to instruct the County Manager and staff to move forward in order to protect the County’s rights.

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

CHAIRMAN’S REPORT

     Chairman Henley stated he received a letter (copy received and filed) before the meeting today regarding the Winter Springs City Commission meeting last night, which was prompted by the ruling of the appeals court on the rural area lawsuit.  The sentiment of the Winter Springs Commission was to appeal the decision of the ruling.  The main concern is the four acres that were annexed.  He has talked with a representative from the City and understands that this whole thing can be put to bed if the County considers moving the four acres already annexed into the City outside the rural zone.  He said the City in their letter indicates they have adopted the ordinance dealing with the distance they are going to annex and this squares off their line.  They are willing to put into the comp plan that they have no intentions of annexing further into the Black Hammock area.  He asked for the Board’s reaction regarding this.  Chairman Henley stated he talked to Mr. Creedon yesterday, and he talked to other interested citizens, and he understood that they would support the BCC doing this provided Winter Springs amended this in their comp plan in the next cycle.

     Commissioner Morris asked if Winter Springs City Commissioner Blake could give a synopsis of their actions.

     City Commissioner Blake addressed the Board to state the main concern of the Winter Springs Board is there is a lack of clarity of what happens with the four acres that was annexed into Winter Springs prior to the referendum question to the voters.  He said it is not clear whether the City has the right to place land use and zoning on the four acres or the County has the right to do that.  That was the purpose of going forward with the appeal process.  After a lengthy meeting, their Commission voted five to zero to agree that if they had a better definition of where the rural line is, and if the subject property were taken out of the rural area and placed into the urban service district in Winter Springs, then they would have no question to ask and they would not go forward with the appeals process. 

     Upon inquiry by Commissioner Morris, Mr. Blake stated the City adopted the ordinance to draw a line along the eastern boundary of DeLeon Street with an imaginary line that goes north and south from that line to not annex east of that line and to place that into their comp plan in the current cycle.

     Commissioner Morris commended Mr. Blake for trying to work this out. 

     Mr. McMillan advised under the Charter amendment, the Board needs to pass an ordinance excluding the property from the rural boundary. 

     Motion by Commissioner Morris, seconded by Commissioner Carey, to direct the County Attorney to prepare an ordinance for public hearing, as discussed to exclude the subject four acres and, thereby, shrink the rural boundary.

     Under discussion, Mr. Blake advised Winter Springs has already made the filing to the Department of Community Affairs, and with the BCC’s action today, they will withdraw that.

     Mr. Creedon affirmed he supports the action of the BCC.

     Mr. McMillan said he will try to get the ordinance drafted and brought to the Board at the next meeting.

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

REGULAR AGENDA, Continued

     Suzan Bunn addressed the Board to request a recommendation of the 2006-07 funding for the Zoo out of the Tourist Development Council monies.  She explained in the April, 2006, meeting the TDC Council voted to raise the funding to $300,000.

     Chairman Henley advised he believes it was the intent of the Board to fund in the second year $200,000, and the budget presently reflects that amount.  They will have to amend that if the Board wishes to increase the funding. 

     Commissioner Carey said they have made great strides at the Zoo and the private contributions have changed the look of the zoo.  She advised Ms. Bunn clarified that $270,000 is actually in the TDC budget for the Zoo and the additional $30,000 would come from the TDC reserves.

     Commissioner Dallari said seeing that the Zoo has made great strides to reduce their overhead and have gone after private funding, he thinks it would be advantageous to increase their level of funding to $300,000.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve and authorize the Chairman to execute the Agreement, as shown on page _______, between Seminole County and the Central Florida Zoological Society, Inc., in the amount of $300,000. 

     Under discussion, Chairman Henley cautioned that the Board has a lot of plans and desires they would like to be able to move forward with.  Part of the discussion at budget time was on having to cut back on advertising and that didn’t sit too well with the hoteliers.  He said he believes the agreement spells out how the Board expects the money to be spent and he thinks they need to continue to monitor that and the efforts being made to raise money from private sources rather than continuing to increase the government’s contribution every time.

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

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     Speed Thomas, Interim Director of Administrative Services, addressed the Board to introduce Angi Thompson, Principal Analyst, who presented the request for direction on increasing the maximum allowable fees in the Seminole County Towing and Transport of Vehicles Ordinance.  She stated staff is recommending the Class “A” storage fees be increased from $15 to $20 and the administrative fee be increased from $30 to $35.  She said these fees are in line with the surrounding counties.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the staff recommendation to increase the Class “A” storage fees from $15 to $20 and increase the administrative fee from $30 to $35; and approve the County Attorney’s Office to prepare the Ordinance and advertise for a public hearing.

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

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     April Boswell, Assistant Planning Manager, addressed the Board to present the request for reduction of penalty for Code Enforcement Lien (Case #05-66-CEB), property located at 910 Spring Valley Road, Altamonte Springs, FL, Kirkman Properties, LLC.  She stated staff is recommending denial of the reduction of the lien totaling $3,250 and that the Board require the lien be paid within 30 days.  Upon payment in full, authorize the Chairman to execute the Satisfaction of Lien.  Ms. Boswell stated the request received from the property owners’ representative stated they believe due process was not issued in this case and, therefore, the lien was placed against federal law requirements.  Ms. Boswell gave the history of the case.  She said staff is ruling that due process was issued because the respondent received notice on August 17 for the August 25, 2005, hearing and also received notice for a later hearing on October 27, 2005.  Staff also knows that the respondent received the notice of November 9, 2005.  Therefore, staff is recommending denial of the reduction of lien.

     District Commissioner Henley said it concerns him that the individual received the letter after the deadline had expired and staff did not go back to determine whether the violation had been corrected until September 13 and it could have been corrected by August 31.  For these reasons, he has problems with supporting the staff recommendations.  He recommended the lien be reduced to the actual cost to the County.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve a reduction to the Code Enforcement Lien (Case #05-66-CEB), property located at 910 Spring Valley Road, Altamonte Springs, FL, Kirkman Properties, LLC, to the actual cost to the County (estimated administrative costs of $840.93); with the caution that the property owner is expected to maintain the safety precaution required by code.

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

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     The Board considered the request to appoint an Audit Committee for the primary purpose of assisting the Board in selecting an auditor to conduct the annual financial audit in accordance with section 218.391, Florida Statutes.  Chairman Henley reminded the Board of the request by the Clerk to change the designation for her office to read Maryanne Morse or her designee.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve the staff recommendation, with the modification, to appoint an audit committee as follows:  Board of County Commissioners - Lisa Spriggs, Fiscal Services Director; Clerk of the Circuit Court - Maryanne Morse, Clerk, or her designee; Property Appraiser - Tyra Miller, Administrative Director; Sheriff - Penny Fleming, Chief of Administrative Services; Tax Collector - Dona Spaulding, Accounting Supervisor; and Supervisor of Elections - Alex Setzer, Chief Deputy of Voter Outreach.

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

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     The Board considered the request to rank and award RFP-0580-06/BLH, Owner’s Representative Services for the Jail Expansion Project (not to Exceed $1,195,000.00). 

     Mr. McMillan distributed business cards (received and filed) for the Board to indicate their preference for the #1 ranked firm.

     Following voting, Mr. McMillan announced that PMA Consultants, LLC, has been voted unanimously as the #1 firm.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the selection of PMA Consultants, LLC, as the #1 ranked firm authorized for negotiations for RFP-0580-06, Owner’s Representative Services for the Jail Expansion Project.

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

     The Board voted to rank the #2 firm, and following the vote, Mr. McMillan announced that the ZHA, Incorporated, was voted unanimously as the #2 firm .

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve ZHA, Incorporated, as the #2 firm authorized for negotiations should staff fail to come into an agreement with the #1 firm.

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

     Chairman Henley stated the #3 firm is Hanscomb Faithful & Gould authorized for negotiations.

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     Ms. Boswell introduced Frances Chandler-Marino, Nancy Roberts and Craig Shadrix of Glatting Jackson Kercher Anglin Lopez and Rinehart to provide followup on the Rural Land Study, also known as the 2006 Rural Character Plan.  She stated staff is also seeking Board direction on any policies or regulations the Board may want to have implemented from the study.

     Ms. Chandler-Marino addressed the Board to give a PowerPoint presentation (copy received and filed) covering the following topics:  Study Purpose, Key Findings, Key Recommendations, and Tools.

     Commissioner Van Der Weide left the meeting room at this time.

     Following the discussion of Tools, Ms. Chandler-Marino began discussing the Two Key Concerns of Landowners under the heading of Follow-up Items.

     Commissioner Van Der Weide returned to the meeting room at this time.

     Ms. Chandler-Marino further covered the topics of the Seminole County Adopted Comprehensive Plan Policy FLU 11.1, What are Rural Lands?; What Purpose(s) Does The Rural Lands of Seminole County Serve?  What is the Value of the Rural Area?; and If the Answer Is - Method to Insure Orderly Growth, Then The Next Steps for the County Would Be.

     Commissioner Morris left the meeting room at this time.

     Commissioner Carey said there were a lot of things as far as recommendations that she expected to come out of the study, now that they see how this is actually built.  

     Commissioner Morris returned to the meeting room at this time.

     Commissioner Carey continued that if they are trying to protect the rural land, they have to look at where that transition is going to happen, now that it’s already been built up to the urban services boundary line.  She said on the eastern boundary, there is an opportunity for transitioning.  She thinks that is something they have to talk about, because at this point, the transition has to happen on the rural side because it didn’t happen on the urban side.  She said in reading the information about transfer and development rights, that is an option, but she didn’t see any strong recommendations for incentives to get people to do that.  She thinks if it were worth the people doing it, many of the people could develop their properties into three, five and ten acres.  She said unless they have the incentives to do the TDR’s, she is not sure that’s going to happen.  She doesn’t think they have enough information yet to set a policy on that.  Commissioner Carey said she has heard from a number of the large landowners and their concerns are, at some point, they need to have some consideration about how they can develop the land.  Whether it’s into a standard three, five or ten-acre development or clustering, it’s got to be a win-win for everybody.  She doesn’t think the Board has enough information or recommendations from the consultant to make those decisions.  She concluded they have a lot of different things going on and she has not yet seen information from the professional staff to say here are three or four recommendations the Board can look at to set a policy on how to protect the rural area, but also those owners some rights that would make sense.  She said she is willing to accept the consultant’s report as one of information, but she thinks it needs to be fully noted that they have a lot of large landowners who are opposed to it because the report doesn’t answer those questions.  She said those landowners and she were looking to see what were the recommendations going to be to put this in place. 

     Discussion ensued with Ms. Chandler-Marino, who said she thinks the simple answer to the transition which is one of the recommendations they made is that they use a buffer.  To an extent, they will have development come in, they will have some kind of set buffer, whether it’s 100 feet or whatever, that is the mechanism by which they are going to protect rural development from urban development.  The more complicated answer is, will the Board provide some kind of clustering option that is going to create a separation of those urban areas from the rural area or not.  She said she never got a good feel that the Board was interested in talking about that any further.  It is a lot different than what they do today.  She said if the Board is not going to be interested in looking at any kind of clustering that goes beyond one to three, they are not going to create sufficient incentives for the property owners to want to do transfer development rights.

     Commissioner Carey said she heard from the Board that they wanted to look at these things, and that didn’t come back in the report.

     Commissioner Morris stated that clearly the TDR does not work.  He said he believes there is one place in the nation that has shown some success and that’s after 25 years.  He doesn’t think TDR’s merit a full discussion.  The Commission has taken a pattern regarding the transition issue (with the last couple developments before them) to put in a 100-foot buffer on the urban side of the line, and yet they’re able to hold the density.  That is apparently not solving what people would like it to solve, because potentially it may be opaque or a cow pasture with a shed view.  He said the cluster zoning concept is one the Board should be thinking about for the future for the large property owners.  He said in his discussions with those in the rural area, they would be willing to put a buffer in (if it is a buffer of one unit to the acre, for instance) right along the urban line.  The question is how deep does the buffer go.  He thinks the consultant’s report is a good one to accept because it defines the current state of affairs and gives quite a few options in development.  He thinks the consultant spent a little too much time on the TDR concept.  He said the issue of the buffer in the rural zone may need some further explanation of what the depth of that would be to truly give a real transition.  He said he doesn’t favor any further study and doesn’t think it would be appropriate at this time.

     Commissioner Van Der Weide said he thinks the Board has studied this to death.

     Commissioner Carey said she has been on the Board for one and a half years now and has been asking that question of how wide the transition needs to be, and she hasn’t had anyone to be able to answer that yet.  She’s still waiting for that answer.

     Commissioner Dallari said one of the things he would like to see added in the report is the public input from the large property owners and single-family homeowners.  He said he and Commissioners Carey and Morris have been to several meetings with the public, and there is nothing in the report that addresses that.  He said he also thinks there should be more discussion in the report about transition.

     Chairman Henley said, as far as this report, he didn’t see all kinds of answers in it, but he thinks it brings the Board up-to-date of what the Comp Plan does say and that is valuable from the standpoint of where they move from there. 

     Chairman Henley acknowledged a letter (received and filed) from Mr. Rex Clonts who indicated his concerns and opposition to the report and impact upon the large landowners.  Also, a letter (received and filed) was received from the Coalition for Property Rights giving objections; and letter (received and filed) from Imogene Yarborough, who expressed objections to the Rural Area Study.

     Chairman Henley summarized he understands the Board wishes to accept the Rural Area Study as a report without any further action today.

     Commissioner Carey stated she would like to see the report finalized to include the information Commissioner Dallari spoke about and the letters of objections that came in.  She said she would like to see the final report come back

     The Board’s consensus was to wait to accept the Rural Area Study after getting the final document.

     Commissioner Morris recommended to drop the TDR out of the report and make it an amendment to the report.  He said the Board could ask that a recommendation on the transition issues be presented with the final document before the Board accepts the report.  He asked should the Board look solely at the issue of cluster zoning on the large parcels and get a recommendation on how large the parcel should be to justify cluster.

     Chairman Henley summarized the Board wants the transfer of rights separate from the report, want the size of the lots involved, recommendations regarding what the buffer should be in transitional zoning areas--how wide the one unit to the acre needs to be, and the information Commissioner Dallari requested.  

     Upon inquiry by Ms. Chandler-Marino, Commissioner Morris clarified they are talking about clustering with the same density.

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     Chairman Henley advised the four items remaining (Items #65-68) from this morning’s agenda will be deferred to the afternoon meeting.

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     Chairman Henley recessed the meeting at 12:12 p.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

COUNTY MANAGER’S BRIEFING (Continued)

     Sheryl Stolzenberg, Planning, addressed the Board to seek direction to hold stakeholder work sessions to discuss alternative programs for attainable housing for Seminole County workforce, including potential text amendments to the Comprehensive Plan and Land Development Code.  She stated the Board expressed concerns about the issue of attainable housing and staff has been looking around the State to see how other communities are dealing with this problem.  Seminole County is already doing a number of things in helping with the larger issue of affordable housing.  In the Comprehensive Plan, staff is encouraging infill development which helps with affordability of housing.  There is an existing zoning district in the Land Development Code which allows for a density balance if affordable housing is built although no one has taken advantage of this at this time.  As they reviewed how the other communities are dealing with this in the Comp Plan and Land Development Code, staff also is looking at the programs that are operating in the County.  Staff has found out that while there are good programs for people at the lower end of the income spectrum, there is a segment of the population that cannot take advantage of those programs because they are outside of those income limitations.  The same is happening elsewhere in the State and across the country.  Staff has looked at other programs that the community has already started and they put together some suggestions.  The biggest suggestion is that they really need to work with the people who are the stakeholders in all of this and that would include representatives of the cities, the funding institutions, and the developers as they cannot do this by themselves.  She stated staff is recommending the Board direct staff to hold stakeholder work sessions with representatives from the cities, lending agencies and developers to discuss other techniques with them and bring back a recommendation to the Board for policy and regulation implementation.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize staff to hold stakeholder work sessions to discuss alternative programs for attainable housing for Seminole County’s workforce, including potential text amendments to the Comprehensive Plan and Land Development Code.

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

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     Joe Gasparini, Parks & Recreation Manager, addressed the Board to seek approval from the Board for the formation of a Seminole County Sports and Events Advisory Committee.  He stated staff has reviewed the minutes of the Joint City/County Advisory Committee meeting per the Board’s request and incorporated those comments into this presentation.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to support and instruct staff to move forward with the formation of a Seminole County Sports and Events Advisory Committee.

     Under discussion and upon inquiry by Commissioner Dallari, Mr. Gasparini advised this will not be a research committee, but will be to support sporting activities.

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

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     Request to present conceptual site and floor plans for the proposed Museum Educational multi-purpose building, including cost estimate; and adoption of a Resolution supporting participation in the Cultural Facilities Grant Program, was presented.

     Rick Mellon, ZHA Inc., addressed the Board to state he was engaged by the County to look at some options for a long-range plan of the Museum.  He displayed a site plan and advised the proposed plan shows a 4,300 sq. ft. facility.  He explained the difference of the previous site plans and the current site plan.  He displayed and reviewed the Level 1 and Level 2 plans, as well as the exterior elevation.  He reviewed the breakdown of the program areas of each floor.  He stated the construction cost is approximately $185.00 a sq. ft.

     Commissioner Carey stated at the last meeting the Board directed staff to look at a two-story museum building that would be about 9,000 sq. ft. for about $150.00 a sq. ft. and that would work out to be $1.4 million.  If the County was successful in getting the grant for $500,000 and it is matched with $1 million that would come to $5.1 million.  With the estimates, it would be far more than that amount.

     Commissioner Van Der Weide stated this is bigger and more elaborate and it doesn’t surprise him that the cost has gone up.  The question is, does it meet the needs of the Museum and do they want to continue their policy of doing it right.  He stated the only surprise he has is the second floor has been changed significantly. 

     Commissioner Dallari stated the Board asked staff to find out what the cost would be for a 9,000 sq. ft. building.

     Commissioner Van Der Weide stated the more people there is the more a facility is required and it will serve classrooms and display cases.  He stated he hopes to have a memorial for the fallen police officers and firemen in this Museum.

     Commissioner Carey stated she feels the Board has been supporting the desires of the history of the Museum by moving forward with this building.  The motion made at the last meeting was to look at building the facility at $150 a sq. ft.  She stated she spoke to the Historical Museum Board members and they were not anticipating this type of cost construction.  She said she feels they need to work toward giving them a building that would be of a caliber the County is used to seeing, but they don’t need to build a Taj Mahal.

     Commissioner Van Der Weide stated he feels that if they set a dollar figure per square foot on anything that they are projecting to build with the way government builds, the cost will go up considerably.  The key is that they deliver something that the public will recognize as theirs, and it doesn’t have to be a Taj Mahal. 

     Commissioner Morris discussed with Suzy Goldman, Library & Leisure Services Director, the layout of the grant proposal and phasing the construction. 

     Commissioner Van Der Weide stated this project will serve the whole County and will have a long-term lasting effect.

     Chairman Henley stated the Board needs to be aware that they used up the entire contingency that was set up before they realized the windfall and now they are in the windfall.

     Commissioner Morris stated they did have a plan to stay in the Sanford Courthouse building for a number of years, but if they want to do it the way former staff wanted to, they would be building a new administrative building.  However, the BCC has decided not to do that.

     Cindy Coto, County Manager, stated one of the things that staff is attempting to do for the July budget work sessions is to present a 5-year horizon of the revenues and expenditures.  It looks like the County will have a very healthy year, but after that, she predicts that the revenue stream is going to level off to what they have seen in prior years.  She stated she has asked staff to put together a capital improvement program for all the buildings and to try to look at a 5-year horizon.  As issues come forward, they will have to put them in some sort of context as to what are the priorities, how do they fund them, and how do they fund future operations.

     Upon inquiry by Commissioner Dallari, Ms. Coto advised funding for the strategic plan is available in the 2005/2006 budget.  She stated staff is obtaining scopes of work from other entities that had done strategic plans, and she hopes that they will have some information to present to the Board as to how they will proceed with that plan.

     Commissioner Morris stated the dynamic tension between the policy maker and staff is why Seminole County is one of most cost-efficient governments in the State.  He stated in recent years this Board has tried to adjust for a shortfall in the operational budget for the historical Museum.  He said he feels that they could design some type of formula that would allow this to be phased in a way that would allow appropriate applications to be made.

     Commissioner Carey asked if it would be appropriate to move forward with the grant application; but as they move through the long-range plan and budget work sessions, they will try to determine what the total number will be allocated for this project. 

     Commissioner Van Der Weide stated he would like to move forward with the project but would hate to put a total figure on it. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize staff to come back in two weeks with the conceptual site and floor plans for the proposed Museum Educational multi-purpose building, including cost estimates and how the phasing will work.

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

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     Joe Gasparini, Parks & Recreation Manager, requested direction on a partnership offer for the operation of Soldiers Creek Park.  He stated the Board approved a site plan for the development of the park as a baseball complex.  The Board directed staff to pursue a partnership with an outside entity to operate the park.  A Request for Proposal was issued and a proposal was received from the National Association Management Company (NAMCO).  He reviewed Option A and Option B of the Development Contribution and Operating Contribution. 

     Commissioner Morris stated he feels there is a mistake in terms of the timing of what they are doing as they do not know what they will be building.  They also have an offer from the same management company to remove part of the activity centers they have relative to one field to put up another building that they will own or the County will own.  He said he feels they should hold off on this and RFP the actual construction for the site.  Another issue is there should be discussions with Seminole Community College as they may have some baseball needs and they may or may not want to partner with the County.  He stated he feels they are premature with this.

     Chairman Henley stated regardless of who manages that operation out there, it takes time to get into tournament schedules as it takes one or two years or more to recruit.

     Upon inquiry by Commissioner Morris, Chairman Henley advised if they wait until the fields are finished and then engage someone, that will take more time to crank up and he doesn’t know how long the commitment of the American Amateur Baseball Congress will run.

     Commissioner Dallari stated he would like to ask staff for a time line for both Soldiers Creek Park and Jetta Point.

     Ms. Goldman advised staff is currently working with Post Buckley Schuh & Jernigan (PBS&J) and they are going to try to have that completed by mid-to-late July with the preliminary design on both facilities with the time line.

     Upon inquiry by Commissioner Dallari, Ms. Goldman advised she would have to contact PBS&J to determine whether or not it would take that long to get the time line.

     Commissioner Carey stated she doesn’t know what the urgency is if they are investing all of this money in baseball.  She asked where did the bids go to try to get people to submit to the RFP.

     Mr. Gasparini advised the RFP was sent to the Triple A USA Organizations and various cities.  There are four or five people that run these types of programs.

     Chairman Henley stated he feels the County informed the organizations what facilities will be provided for that site and then asked them to respond as to what type of program they would be prepared to operate.

     Upon inquiry by Commissioner Morris, Ms. Goldman advised staff was directed to issue this RFP to see if there was a development partner.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue the partnership offer for the operation of Soldiers Creek Park for two weeks (June 27, 2006) in order to have a better briefing with staff.

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

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Morris stated they have a historical issue that deals with the City of Oviedo Interlocal Agreement regarding the equestrian park at Winter Miles.  He stated they are still working on the design elements.  The minutes clearly show that this Board’s intent was to have equestrian uses there and he would like to ask the County Manager to send a letter to the City Manager of Oviedo indicating the BCC would like to see an equestrian design element at the Winter Miles Park.

     Motion by Commissioner Morris, seconded by Commissioner Carey to authorize the County Manager to send a letter to the City Manager of Oviedo indicating the BCC’s intent relating to an equestrian design element at the Winter Miles Park area.

     Under discussion, Commissioner Dallari stated he recalls the agreement indicated that there will be 150 parking spaces, a picnic pavilion, three lighted soccer fields and an equestrian element.

     Commissioner Carey stated the discussions indicated that they would give them $1 million to help move that forward and the equestrian element would be part of the park. 

     Chairman Henley stated the other issue was a joint deal from a standpoint of providing a park and they made it plain that they were not giving them $1 million for an athletic complex.

     Commissioner Dallari requested that a copy of the City’s approved master plan be included in the letter.

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

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     Commissioner Morris stated there is a circumstance relating to the process of the Employee Grievance Board.  He stated other jurisdictions do different things in different ways relative to this and it may be better to do something more legal to protect the interest of both parties by moving to some type of hearing officer format. 

     Mr. McMillan stated he doesn’t have a reason why they couldn’t, but it would have to be built into the system.  He stated a hearing officer would make recommendations to the County Manager.

     Commissioner Morris stated instead of going to the full committee, they would go to a hearing officer.

     Mr. McMillan stated the Appeal Grievance Committee does not have the authority to hire or fire, but they make recommendations to the County Manager.  The County Manager ultimately acts or does not act on the recommendations.

     Commissioner Morris stated he feels it would be appropriate to eliminate that committee and replace it with a hearing officer.  He stated he would like staff to come back at a later date with an option that is a much cleaner process.

     Chairman Henley recommended scheduling that as a briefing item.

COUNTY ATTORNEY’S BRIEFING

     Mr. McMillan informed the Board that the County won the rural boundary case (Winter Springs).

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     Mr. McMillan stated a gentleman, John Wilson, has been contacting his office relative to an incarceration lien.  He stated the money has been paid for this and he needs to obtain a release for same.  He said the paper work got shuffled through the process and he needs authorization for the Chairman to execute the Satisfaction of Lien.  A copy of the proposed Satisfaction was received and filed.

     Motion by Commissioner Dallari, seconded by Commissioner Morris to authorize the Chairman to execute the Satisfaction of Lien, as shown on page ________, John B. Wilson, for the cost of incarceration, supervision, court costs and Public Defender Attorney’s fees and costs.

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

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

ORDINANCE/BRIGHT HOUSE NETWORKS (Continued)

     Continuation of a public hearing to consider request to approve an Ordinance and enter into a ten-year franchise renewal agreement with Bright House Networks, LLC., as described in the proof of publication.

     Steve Olson, Community Information Director, addressed the Board to briefly review the request for approval of an Ordinance and entering into a ten-year franchise renewal agreement with Bright House Networks, LLC.  He submitted a copy of the proposed ordinance.

     Commissioner Morris complimented Bright House for working with the County on this issue.  He highlighted the terms of the agreement relating to the franchise being nonexclusive; Bright House cooperating with the County in sending information whenever EOC is activated for emergencies; a channel for education; the County will continue to receive revenue from the Communications Service Tax; Bright House maintaining insurance requirements; cable service being provided to County buildings and schools within 500 ft. of cable access; conducting periodic customer satisfaction surveys; and a capital grant for equipment upgrades and acquisitions.

     Matt Chesler, Community Information, addressed the Board to explain the provisions that allow the County to audit Bright House’s books.

     Commissioner Morris reviewed the additional negotiated enhancements implemented. 

     Mr. Olson stated staff met with the officials of AT&T yesterday and if they decide to do cable, they were advised that they would have to play fairly.

     Commissioner Van Der Weide complimented staff and Commissioner Morris for their efforts in bringing this forth.

     Upon inquiry by Commissioner Dallari, Commissioner Morris advised in this case the County now has two channels and when the BCC chooses to activate the educational channel, Bright House will have up to 5 years to implement that channel.  The School Board does not have any intention of going with a live broadcast or taped broadcasts right now.  This agreement will only contemplate allowing the School Board to operate independently.

     Commissioner Carey stated it would be helpful to have all the cities on line.

     No one else spoke in support or in opposition.

     Motion by Commissioner Morris, seconded by Commissioner Carey to adopt Ordinance #2006-37, as shown on page ________, approving and entering into a ten-year franchise renewal Agreement, as shown on page ________, with Bright House Networks, LLC., and authorize the Chairman to execute same.

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

     Commissioner Morris left the meeting at this time.

REZONE/ASSOCIATED DESIGN & CONSTRUCTION (Continued)

     Continuation of a public hearing to consider request to Rezone 4.5+/- acres from OP (Office) to PCD (Planned Commercial Development) located on the west side of Wekiva Springs Road and the east side of E. Lake Brantley Drive, subject to the Preliminary Site Plan and Development Order, as described in the proof of publication, Associated Design & Construction.

     Michael Rumer, Planning, addressed the Board to state the proposed preliminary site plan indicates that the site will contain a total of 18,175 sq. ft. of building space.  Building A will consist of 6,925 sq. ft. and Building B will consist of 11,250 sq. ft.  Access will be off both E. Lake Brantley Drive and Wekiva Springs Road.  The subject property was rezoned to OP in 1983 with a condition that the building shown on the site plan will not exceed one story in height.  The applicant is proposing a one and two-story building and staff supports the two-story building along the Wekiva Springs Road since a two-story, 74 unit townhome development was constructed adjacent to this property.  The request to rezone to PCD is a result of the applicant’s desire to establish a dance school in the one-story building that is not permitted in the OP zoning.  Staff recommends approval of the request subject to the preliminary site plan and development order. 

     Mr. McMillan left the meeting at this time.

     At the request of Commissioner Van Der Weide, Mr. Rumer reviewed the restricted and permitted uses as outlined in the Agenda Memorandum.

     Byron Bonyadi, representing the applicant, addressed the Board to state there are no other uses requested as they want it to be specifically for a dance school and they have met the LDC requirements.

     Upon inquiry by Commissioner Van Der Weide, Mr. Bonyadi advised the owner of the property is agreeable to staff’s recommendations.

     Commissioner Van Der Weide submitted letters and e-mails (received and filed) from residents supporting and opposing the rezoning request.  Petitions, as shown on page _________, were submitted.

     Mr. McMillan reentered the meeting at this time.

     Mary Ann Andreasen, 182 Monterey Isle, addressed the Board to state she lives in the Isles of Shadow Bay.  She stated the residents of Shadow Bay, Sweetwater, Sable Point and High Croft are dedicated people to family, homes and community.  Their homes are a place of refuge for quality family time and renewal.  She stated before she bought her home in 2000 she researched the zoning of the proposed vacant property and this was an important consideration for her to buy in this area.  She said approval of the rezoning will start the slippery slope.  She urged the Board to vote no to this rezoning change.  She submitted the original Petition, as shown on page ________, that was faxed from area residents opposing the request.

     Gladys Bernstein, 225 S. Shadow Bay Blvd., addressed the Board to state she is opposed to the zoning change.  She stated many of the residents do not have any objections to the two-story office building as there are many other two-story buildings nearby.  The residents are objecting to the dance studio due to the traffic it will add on East Lake Brantley.  There is not a lot of turn space and the traffic often gets congested.  She stated she is hopeful that the two-story could get approved by a simple variance and not changed to a commercial zoning.  The list would be most objectionable to those who are living nearby.  She said she hopes the Board would leave it as Office Professional.

     Dale Bennett, 228 High Castle Lane, addressed the Board to state he represents the High Croft Point Homeowners Association and they oppose the rezone request.  The residents feel the fence should be all around the property as it will give them more security on the north side.  This will keep people from wondering around the property.  If people from the other property want to walk around the pathway around the lake, they would have to come behind private property into a road back around to pick up the walkway around the lake.  The community would like to be more secure and it would help them a lot if they could figure out how to do a fence on the north side.

     At the request of Chairman Henley, Mr. Bennett indicated on the aerial where the fence and walkway is located.

     Commissioner Van Der Weide pointed out that the lake path is owned by the applicant and High Croft has an easement.  He said it is hard to force the owner to fence off his own property. 

     Mr. Bennett stated he would like to see some type of buffer on the north side of the lake so that the lights at night will not shine onto their property. 

     Commissioner Van Der Weide stated the original rezoning was approved in the 1980’s and he understands the concerns of the residents.  He stated he discussed this with staff and the applicant and he is sure the applicant is not going to cut that access off.  He said the applicant assured him that he is willing to work with any reasonable buffer.  He stated he would have liked the applicant to have worked with the residents to see what they could work out before they got to this point.

     Mr. Bonyadi stated in laying out the site plan he considered those concerns.  They placed two buildings as far as they could against the setback to the north of the property line and adjacent to the current Commercial Regions Bank.  They tried to place the parking spaces with the landscape buffer that will be added to the plans to meet the requirements.  He stated the nearest parking is almost 200 ft. away from the first set of homes.  A retention pond is separating the nearest parking space.  They will be meeting the lighting requirements by not washing over into the neighborhood.  He said they will meet all the requirements; and they want to be a good neighbor. 

No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     District Commissioner Van Der Weide stated he has met with the applicant and residents and he wishes that they had gotten together to come up with a mutual agreement.  He recommended restricting the uses of a dance studio in Building A and Office uses in Building B and, if anything changes, that it would have to come back to the Board.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt Ordinance #2006-38, as shown on page _________, approving rezoning 4.5+/- acres from OP (Office) to PCD (Planned Commercial Development) located on the west side of Wekiva Springs Road and the east side of E. Lake Brantley Drive, subject to the Preliminary Site Plan and Development Order, as shown on page ________, as described in the proof of publication, Associated Design & Construction; subject to staff findings and stipulations outlined by the District Commissioner.

     Districts 1, 3, 4 and 5 voted AYE.

     Chairman Henley recessed the meeting at 3:10 p.m., reconvening at 3:15 p.m.

BOA APPEAL/Salvador Corona

     Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal of the Board of Adjustment’s (BOA) decision to deny a rear yard setback variance from 30 ft. to 2 ft.; and a side yard (south) setback variance from 10 ft. to 5 ft. for an existing shed in the R-1AA (Single Family Dwelling District), at 2951 Boland Drive, Salvador Corona, received and filed.

     Ian Sikonia, Planning, addressed the Board to present the request.  He stated staff’s recommendation is to uphold the BOA’s decision in denying the setback variances based on staff’s findings.

     Dan Fist, representing the applicant, addressed the Board to state he is speaking on behalf of the applicant due to a language barrier.  He reviewed the purpose of the shed and stated he submitted a survey to Commissioner Dallari that shows it being 75 ft. from the neighbor’s well.  He asked the Board to consider his request and approve the variances.

     Mr. Fist informed Chairman Henley what is being stored in the shed.

     Chairman Henley stated he can’t imagine having that size of a shed as he has a pump in his shed and it is not that large.

     No one else spoke in support or in opposition.

     District Commissioner Dallari stated he believes this is a self-inflicted hardship.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to uphold the BOA’s decision to deny a rear yard setback variance from 30 ft. to 2 ft.; and a side yard (south) setback variance from 10 ft. to 5 ft. for an existing shed in the R-1AA (Single Family Dwelling District), as described in the proof of publication, Salvador Corona.

     Under discussion and upon inquiry by Commissioner Carey, Mr. Sikonia advised the staff records do not show that permits were pulled for other sheds in the area.

     Districts 1, 3, 4 and 5 voted AYE.

VACATE & ABANDON/Richard & Linda Freeman

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to vacate and abandon a portion of a platted drainage and utility easement located at the rear of the property of Lot 68, Huntington, Richard and Linda Freeman, received and filed.

     Alan Willis, Development Review, addressed the Board to state the applicant is requesting to vacate a 2 ft. portion of a 15 ft. wide platted drainage and utility easement in order to clear a cloud of title due to an encroachment of an existing pool deck and pool enclosure.  He stated staff finds that the proposed vacate would not produce adverse impacts to drainage or utility needs of the Huntington Subdivision.  The applicant submitted letters from the applicable utility companies stating they have no objection to the request.  Staff recommends approval of the vacate and abandonment.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-144, as shown on page _________, vacating and abandoning a portion of a platted drainage and utility easement located at the rear of the property of Lot 68, as described in the proof of publication, Huntington, Richard and Linda Freeman.

     Districts 1, 3, 4 and 5 voted AYE.

REZONE/Jay Barfield

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone 10+/- acres located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AA (Single-Family Dwelling), Jay Barfield, received and filed.

     Benjamin Dunn, Planning, addressed the Board to present the request.  He stated staff conducted the lot size compatibility analysis as required by the Land Development Code and Vision 2020 Comprehensive Plan, and determined that the analysis does not support the requested rezone to R-1AA.  The analysis indicated that R-1AAA is a more appropriate zoning district.  Staff recommends denial of the request but feel that R-1AAA is more appropriate based on the lot size compatibility analysis.  The P&Z Commission recommended denial based on staff findings.

     Jay Barfield, Florida Homes Constructors, addressed the Board to state his company builds and develops residential and commercial neighborhoods.  He stated he spoke with staff and would like to voluntarily change to R-1AAA on the west and southern borders and R-1AA on the northern border.  The one issue as it relates to the property is the demarcation line between the LDR and the Suburban Estates line.  He said staff is recommending R-1AAA and he is in agreement with that.  The property consists of 10.4 acres and they are asking for 2½ units per acre.  They feel they have complied by the perimeters set by the County.  He displayed a map (not received and filed) showing the 10.4 acres and he reviewed the zoning of the surrounding properties.  He stated when they started the proposal, they submitted a plan showing 26 lots and R-1AA layout.  He displayed a map (not received and filed) showing the lot sizes.  He stated after dealing with additional input from staff, the P&Z Commission, and the residents, they changed the layout reflecting the R-1AAA to the south and to the west backing up to Stonehurst.  All of those lots meet the 100 ft. and all the perimeters.  The northern lots meet the R-1AA standards.  He said one of the issues was the setbacks up and down Brooks Lane for the Suburban Estates houses.  Those are not 25 ft. or 30 ft. from Brooks Lane.  With the revised plan, they have come up with retention ponds to the front which means the houses will start roughly 200 ft. from Brooks Lane.  Another concern was taking down the trees and those will not be taken out.  He displayed a topo map (not received and filed) showing the trees and he stated there were concerns that the trees running up to Brooks Lane will be removed, but they will not be removing them.  He stated he is willing to put in a conservation easement along the border of the property and the SE master plan property.  That will help screen any of the houses from that area.  He displayed a picture (not received and filed) showing the entrance to the back of the property.  He stated other concerns were drainage and traffic.  The drainage concerns will be dealt with by the Engineer, John Herbert.  A traffic calming study is being done.  He displayed a fax transmittal (not received and filed) regarding traffic.  He stated he asked for the results of the traffic studies that was done on 8/29 and 8/30.  He displayed the results of the 8/29 study for the south bound traffic and the result of the 8/30 study for the north bound traffic.  From a traffic standpoint, the impact on Brooks Lane would be 2% more traffic, therefore, he doesn’t think that is a significant impact.  He added discussions with staff indicated that the traffic calming could be anything from signs to round-abouts.  He said he recognizes the impact of people cutting through Brooks Lane and that is something that they cannot address or solve.  He said they are trying to be good neighbors and they have tried to satisfy the comments made at the P&Z Commission hearing.  They are going to create houses that will be custom built and every house will be designed based on each customer’s needs.  The prices of the homes will range between $550,000 to $750,000.

     John Herbert, American Civil Engineering, addressed the Board to review the drainage issues that were referred to at the P&Z Commission meeting.  Brooks Lane was a driveway in 1962 with an access road to Red Bug Lake Road.  In 1990, the County paved Brooks Lane without giving it a thorough engineering study and as a result there are limited culverts under Brooks Lane that allow the water to flow from west to east.  They are directing all the water from the subject property to the right-of-way on Brooks Lane.  Moving the drainage further east will lessen the impact on Stonehurst.  The report concludes that every 25 years water will flow over Brooks Lane and overtop it by 1½”.  Staff felt that they should provide for storage for the water as there are two borrow pits in that area.  The plans will be thoroughly reviewed by the staff and the St. Johns River Water Management District.  He stated he is confident that they can correct the situation in that area.

     District Commissioner Dallari stated he has not seen the overall review of the Small Area Study that was done in the mid 90’s.  He stated he has asked staff to review the study and report back to the Board.  Therefore, he would like to continue this item so that staff can report back to see if this area is developed per that Small Area Study to ensure that the development concurs with LDR and with the character of the area.

     Commissioner Carey stated in her research there are a number of things that she would like to have confirmed.  There were several maps in that Small Area Study that showed the northwest corner area being removed based on an application from some land owners requesting that their property would remain R-1AAA.  She requested that this be confirmed.

     Commissioner Dallari stated he would like to have this done before they go into the public hearing.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to continue to June 27, 2006 at 1:30 p.m., or as soon thereafter, request to Rezone 10+/- acres located on the west side of Brooks Lane approximately 0.42 miles south of Red Bug Lake Road, from A-1 (Agriculture) to R-1AA (Single-Family Dwelling), as described in the proof of publication, Jay Barfield, in order to have this Small Area Study and questions clarified.

     Under discussion, Cindy Coto, County Manager, stated she is not sure if two weeks will give staff sufficient time to get this done.

     Commissioner Carey recommended that this be the first item on the agenda.

     Upon inquiry by Dianna Blakey, 1560 Brooks Lane, Commissioner Carey advised that there was a petition submitted to the BCC in 1995, when they were going through the process that Ms. Blakey was opposed to the land change.  Ms. Blakey requested a copy of the petition.

     Chairman Henley stated the purpose of the continuance is to obtain additional information on the Small Area Study and to obtain clarification of Commissioner Carey’s issue.

     August Bugge, 100 Milinda Lane, addressed the Board to state there are a lot of people opposed to the rezone and they have no objections to the continuance.

     No one else spoke in support or in opposition of the continuance.

     Memos and letters from residents opposing the request were received and filed.

     Speaker Request and Written Comment Forms were received and filed.

     Chairman Henley stated he received Petitions, as shown on page ______, from area residents but did not indicate on the petition whether they are or are not opposed to the rezone.

     Dave Musio, 1628 Thornton Circle, addressed the Board to advise everyone who signed the petition are in opposition to the request.

Districts 1, 3, 4 and 5 voted AYE.

REZONE/Mary & Jack Wilder

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone 0.92+/- acres located on the northeast corner of SR 426 and Wrights Road, from A-1 (Agriculture) to C-2 (Retail Commercial), Mary & Jack Wilder, received and filed.

     Mr. Dunn presented the request as outlined in the Agenda Memorandum.  He stated staff recommends approval of the request; and the P&Z Commission recommended approval.

     Steve Helle, representing the applicant, addressed the Board to state he concurs with staff’s recommendation and he is requesting approval of the rezone.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt Ordinance #2006-39, as shown on page _________, approving rezoning 0.92+/- acres located on the northeast corner of SR 426 and Wrights Road, from A-1 (Agriculture) to C-2 (Retail Commercial), as described in the proof of publication, Mary & Jack Wilder, with staff findings.

     Districts 1, 3, 4 and 5 voted AYE.

REZONE/Craig Jones

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone 0.26+/- acres from C-2 (Retail Commercial) to R-1BB (Single-Family Dwelling), located on the southeast corner of Jackson Street and Depugh Street, 400 ft. north of East Altamonte Drive, Craig Jones, received and filed.

     Michael Rumer presented the request as outlined in the Agenda Memorandum.  He stated the applicant plans to construct two single-family homes on the vacant lots.  Staff recommends approval of the request.  The P&Z Commission recommended approval with staff findings.

     Craig Jones, applicant, addressed the Board to request approval of the rezone.

     No one spoke in support or in opposition.

     District Commissioner Henley stated he supports staff’s recommendations.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt Ordinance #2006-40, as shown on page _________, approving rezoning 0.26+/- acres from C-2 (Retail Commercial) to R-1BB (Single-Family Dwelling), located on the southeast corner of Jackson Street and Depugh Street, 400 ft. north of East Altamonte Drive, as described in the proof of publication, Craig Jones, with staff findings.

     Districts 1, 3, 4 and 5 voted AYE.

REZONE/Victor Triana

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone 0.80+/- acres located on the west side of SR 426 north of Dean Road, from A-1 (Agriculture) to C-3 (General Commercial & Wholesale), Victor Triana, received and filed.

     Mr. Dunn presented the request as outlined in the Agenda Memorandum.  He stated staff recommends approval of the request, however, the Board may want to consider a rezone to Planned Commercial Development (PCD) based on the recent discussions concerning the character of the area.  There is an existing PCD abutting the subject site to the west and northwest.  At the May 23, 2006 BCC meeting, the Board continued a request to rezone to C-3 for Big Boy’s Storage to give the applicant time to develop a site plan and resubmit as a PCD.  The P&Z Commission recommended approval of the request.

     Don Fisher, Deputy County Manager, reviewed for Commissioner Carey the permitted uses for C-1 and C-3 zoning.

     Commissioner Carey stated staff needs to correct the map in the agenda as it indicates SR 427 instead of SR 434.

     Denise Triana, representing the applicant, addressed the Board to state she will be glad to answer any questions.  She explained the reason why they want two separate buildings.

     Upon inquiry by Commissioner Carey, Ms. Triana advised that she is in agreement with doing a PCD zoning.

     No one else spoke in support or in opposition.

     District Commissioner Dallari stated he is in agreement with staff that this should be a PCD type zoning.

     Motion by Commissioner Dallari, seconded by Commissioner  Carey to continue to July 25, 2006, at 1:30 p.m., or as soon thereafter as possible, request to Rezone 0.80+/- acres located on the west side of SR 426 north of Dean Road, from A-1 (Agriculture) to C-3 (General Commercial & Wholesale), as described in the proof of publication, Victor Triana, with no additional costs to the applicant.

     Under discussion, Mr. McMillan advised that in order to make this request a PCD, there will have to be a new application with the submittals.

     Commissioner Dallari stated he wants to make sure that there is no additional cost to the applicant.

     Mr. Fisher stated if the request is continued for a period of 45 days, it will give staff time to process that application and take it to P&Z Commission and then to the BCC in July.  He stated it is at the Board’s discretion of waiving the fees.

     Upon inquiry by Chairman Henley, Ms. Triana advised if this item is continued, it will create a hardship on their plans.

     Commissioner Carey stated the applicant will have to submit a site plan anyway. 

     Mr. Fisher stated staff will do a dual review so that the applicant will not loose any time in the process of dealing with staff.

     Upon inquiry by Chairman Henley, Mr. McMillan advised the Board does not need to deny the request.

     Districts 1, 3, 4 and 5 voted AYE.

ADOPTION OF TEXT AMENDMENTS

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt the Text Amendments to the Seminole County Comprehensive Plan to implement the Services and Facilities requirement of the Wekiva Parkway and Protection Act (Part III, Chapter 369, Florida Statutes), received and filed.

     Tony Matthews, Planning, addressed the Board to present the request.  To meet purpose of the Wekiva Parkway and Protection Act, the County must amend the Comprehensive Plan to establish policies that address land use strategies, stormwater, wastewater, transportation and potable water.  Policies regarding potable water will be forthcoming before the Board under a separate cover later this year.  The BCC adopted, on December 20, 2005, the Comprehensive Plan Amendments to meet the Land Use strategies portion of the Act.  The Department of Community Affairs (DCA) has found that these amendments are in compliance with State law.  On December 20, 2005, the County transmitted a series of text amendments to address the stormwater, wastewater and transportation portions of the Act.  The DCA issued an Objections, Recommendations and Comment (ORC) Report and they cited a number of objections and recommendations regarding the County’s amendments.  The major concerns of the DCA were:  The need for the County to evaluate the feasibility of stormwater reuse; Identify a funding source, such as a stormwater funding utility fee to fund stormwater facilities; Evaluate the location of areas within the Wekiva Study Area for potential connection to central wastewater systems; and To ensure protection of certain resources within transportation Policy 14.25.  He referred to Exhibit P and advised the County’s response is shown there.  Staff recommends approval of adopting an Ordinance that includes the proposed text amendments to the Drainage and Transportation Elements with the following findings:  (1) The proposed text amendments in Exhibit A are consistent with the goals and intent of the Wekiva Parkway and Protection Act and with the Guidelines published by the DCA; and (2) The County’s response to the Objections, Recommendations, and Comments (ORC) Report, published by the DCA, removes the several objections contained in the ORC Report.  Staff is recommending that the Board continue the sanitary sewer element contained in Exhibit B until October 24, 2006 with the following findings:  (1) Continuation of adoption of the wastewater facility planning text amendments to allow additional time for staff to brief the Board and receive direction on the several issues regarding the wastewater requirement of the Act; (2) The St. Johns River Water Management District, Department of Health, and Department of Agriculture and Consumer Services, have not completed rulemaking as required by the Act; (3) The 2006 Appropriation Bill provides for $250,000 to the State Health Dept. and an additional $250,000 to the Dept. of Environmental Protection to further study the impacts from nitrogen in the Wekiva River.  Staff anticipates that these studies will be done in 2007; (4) The Act implies but does not provide a deadline for completion of a wastewater facility plan for implementing plan policies.

     Commissioner Carey stated as a member on the Wekiva Task Force she is in agreement with staff’s recommendation.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt Ordinance #2006-41, as shown on page ________, including the proposed text amendments to the Drainage and Transportation Elements of the Seminole County Comprehensive Plan, as Exhibit A, to implement the Facilities and Services requirement of the Wekiva Parkway and Protection Act; and continue the Sanitary Sewer Element of the Seminole County Comprehensive Plan, as Exhibit B, to implement the Facilities and Services requirement of the Wekiva Parkway and Protection Act (Part II, Chapter 369, Florida Statutes).

     Districts 1, 3, 4 and 5 voted AYE.

LEGISLATIVE UPDATE

     Chairman Henley stated the Board was briefed on the Legislative Agenda 2006 (Federal) and he understands that nothing has changed since the last report. 

     Sally Sherman, Deputy County Manager, advised that is correct.

CHAIRMAN’S REPORT

     No Report.

COMMUNICATIONS AND/OR REPORTS

 

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

1.        Letter dated 5/26/06 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Finalizing 2006 Seminole County Tax Roll.  (cc:  BCC)

 

2.        Letter dated 5/26/06 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Finalizing 2006 Seminole County Tax Roll for Unincorporated Stormwater Management.  (cc:  BCC)

 

3.        Letter dated 5/26/06 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Finalizing 2006 Seminole County Fire District Tax Roll (cc:  BCC)

 

4.        Letter dated 5/26/06 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Finalizing 2006 Seminole County Road Improvement Tax Roll.  (cc:  BCC)

 

5.        Copy of letter dated 5/25/06 to Ray Eubanks, Community Program Administrator-Fla. Department of Community Affairs (with attachment) from Cynthia Coto, Co. Manager, re: Request for review of the Lake Mary 2006 Cycle One Comprehensive Plan Amendment.

 

6.        Copy of memorandum dated 5/12/06 to Sandy McCann, Supervisor-Co. Commissioner Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records.

 

7.        Letter dated 5/25/06 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Notice of public hearings for annexations on 6/21/06.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

8.        Notice of upcoming public hearings (with attachment) from City of Winter Springs dated 5/23/06 for rezoning property at 1057 US Highway 17/92.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

9.        Memorandum dated 5/24/06 to Distribution List from Doris-anne Freeman, City Clerk Department-Altamonte Springs, re: Adopted City Plan 2020.  (cc:  BCC, Planning & Development Director, Planning Manager)

 

10.         Memorandum dated 5/24/06 to BCC (with attachment) from Donald Fisher, Deputy Co. Manager, re: Charter Review Commission Public Hearings.

 

11.         Contractor demographic change form, as shown on page ________, Library & Leisure Services (John Gegenheimer).

 

12.         Copy of letter dated 5/18/06 to Seminole Co. Legislative Delegation (listing attached) from Chairman re: Thank you for hard work in the past legislative session.

 

13.         Copy of letter dated 5/23/06 to Ron Manasa, Fla. Center for Prevention Research, from Chairman re: Seminole Co. Substance Abuse Coalition. 

 

14.         Copies of letters dated 5/16/06 from Kenneth Roberts, Director-Public Safety, re: Appreciation for recent donations to the following:  Cheryl Ziolkowski, Sandra Miller, and Cornelia Dietzel.

 

15.         Letter dated 5/30/06 to Chairman from David Johnson, Seminole Co. Property Appraiser, and Tyra Miller, Administrative Director, re: Total ad valorem tax levied in 2005. (cc: BCC, Co. Manager, Deputy Co. Managers)

 

16.         Letter dated 5/30/06 to Chairman from David Johnson, Seminole Co. Property Appraiser, and Tyra Miller, Administrative Director, re: Total ad valorem tax levied in 2005 for the Unincorporated Road District. (cc: BCC, Co. Manager, Deputy Co. Managers)

 

17.         Letter dated 5/30/06 to Chairman from David Johnson, Seminole Co. Property Appraiser, and Tyra Miller, Administrative Director, re: Total ad valorem tax levied in 2005 for the Fire District. (cc: BCC, Co. Manager, Deputy Co. Managers)

 

18.         Property Appraiser’s summary of 2006/07 Budget by appropriation category.

 

19.         Copy of letter dated 6/5/06 to Mayor John Bush, Winter Springs, from Chairman re: Cross Seminole Trail realignment in Winter Springs.

 

20.         Copy of letter dated 6/2/06 to John Pavlis, Interim City Manager-Casselberry, from Cynthia Coto, Co. Manager, re: Casselberry Community Redevelopment Agency report.

 

21.         Letter dated 5/31/06 to Casselberry Resident/Property Owners from Matt Dorsten, Planner-City of Casselberry, re: Seminola Boulevard East Small Area Study.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

22.         Letter dated 5/31/06 to Chairman (with attachment) from Cynthia Coto, Co. Manager, re: Seminole County Federal Legislative Priorities list.

 

23.         Contracts for services, as shown on page _______, between Seminole Co. Government and the following:  James Speake, Jr. (umpire, site referee, tennis tournament referee); George Parker (umpire, site referee, tennis tournament referee); Karl Lipscomb (scorekeeper); Karl Lipscomb (field supervisor); Harold Galloway, Jr., (slow pitch softball scorekeeper); Peter Gillich (field supervisor); and Jesus  Calderson (umpire).

 

24.         Memorandum dated 6/12/06 to BCC (with attachment) from Cynthia Coto, Co. Manager, re: Colonial Tripartite Agreement Draft.

 

25.         Sixteen petitions, as shown on page ________, (Grant Maloy, Eugenio Bird, Ahmad Saidi, Bill Abbott, Gary Wilkerson, Gary Herring, Elba Broennle, Winston Dunlop, Gary Mongi, Garo Mekhdjavakian and Katy Ramzy, Viola & Walter Scott, Dunia Smeil, Luis Santana, Helen Horner, Jose Cadilla, and Jose Safie) with various dates from residents in opposition of the Brooks Lane rezoning.

 

26.         Letter dated 6/5/06 to Chairman from Ray Eubanks, Administrator, Plan Review and Processing-Department of Community Affairs, re: Receipt and review of Co. Comprehensive Plan Amendment #06-1.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

27.         Copy of letter dated 5/22/06 to Senator Lee Constantine from Welton Cadwell, Fla. Association of Counties President, re: Selection of the William “Doc” Myers Lifetime County Advocate Award.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

28.         Letter dated 6/5/06 to BCC from Edwin Fernandez re: Support of the Brooks Lane rezoning.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director)

 

29.         Letter dated 6/2/06 to Commissioner Bob Dallari and Benjamin Dunn, Senior Planner, from Ken Terrell re: Opposition to the Red Bug Lake Road Townhomes rezone.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director)

 

30.         Copy of letters dated 5/31/06 from Kenneth Roberts, Director-Public Safety, re: Appreciation for recent donations to the following:  Diane Albers and Lynda Sammarco.

 

31.         Contracts for services, as shown on page ________, between Seminole County Government and the following: Joseph Santora (Umpire slow pitch softball); Gerald Ryder (Umpire); and Margaret Reedy (Field Supervisor for softball league).

 

DISTRICT COMMISSIONERS’ REPORTS (Continued)

     Commissioner Dallari stated the County has been doing some economic incentives program in partnering with various cities.  He stated he would like to know if there is any interest in forming a JPA with the cities so they will know where their future growth is and how they can work together.

     Upon inquiry by Commissioner Carey, Commissioner Dallari advised he believes they have been working with the cities on economic development but he believes there have been some questions as to who is doing what and who is annexing which part of the county.  It would be nice to have a JPA so they can see where everyone is heading.  Discussion ensued.

     Commissioner Dallari asked staff to research that and come back to the Board.

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     Commissioner Carey stated at the last CALNO meeting there were discussions on the Fort Mellon Park Concept Plan, Local Option Gas Tax Computation, and ADA and transit funding.  The Sierra Club made a presentation at that meeting relating to global warming and they have asked that she submit a handout (received and filed) to each Board member.  She stated the next CALNO meeting is scheduled for September 6, 2006 at Seminole Community College.

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     Commissioner Carey reminded everyone that June 14, 2006 is Flag Day and she would like to thank the Community Information team for displaying flags in the chambers today.

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     Commissioner Carey wished everyone a Happy Father’s Day.

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     Commissioner Carey stated the Seminole County Employee Toastmaster’s Club will be holding an open house on June 20, 2006 from 1:30 p.m. to 3:00 p.m.  She stated she would like to invite all the employees to attend this event. 

COMMITTEE REPORTS

     No Report.

COUNTY MANAGER’S REPORT

     Ms. Coto stated she was going to discuss the Willa Grove Subdivision Wall issue.  A memorandum regarding same was received and filed.

     Commissioner Dallari requested that this be postponed until the next meeting.

     Dave Talliver addressed the Board to state he agrees with the continuance, but he would like to know how much time he will be allocated to speak.

     Chairman Henley stated this will not be an advertised public hearing, but any Commissioner can give him an opportunity to respond to their questions.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:25 p.m., this same date.

 

 

ATTEST_______________________Clerk_____________________Chairman

cc/er