The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:18 a.m. on Tuesday, July 14, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

Commissioner Grant Maloy (District 1)

Commissioner Dick Van Der Weide (District 3)

Clerk of Court Maryanne Morse

Deputy County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Absent: Commissioner Daryl McLain (District 5)

Chris Grasso, Information Technologies Director, Suzy Goldman, Library & Leisure Services Director, and Al Hill, GIS Coordinator, addressed the Board. Ms. Goldman reviewed the background history of the Seminole County Web Site as Mr. Hill showed a slide presentation (copies received and filed). Mr. Hill discussed the outstanding issues of the Web Site, reviewing the plans and goals. He reviewed what is currently on the County’s Web Site.

Mr. Grasso advised the Chairman that money would be needed to reach the future goals. This is not presently in the budget, but an amendment to the HTE Contract is proposed to be brought before the Board on August 11, 1998. He said they need two people, a

Web Developer/Programmer and a Clerk. They will decide if the Clerical technician will be provided through HTE or County support.

Upon inquiry by Commissioner Adams, Mr. Grasso said the direction has come from the County Manager that each department will be responsible to keep their data up-to-date.

Mr. Grasso thanked Ms. Goldman and her staff and HTE, especially Peter Mason and Al Hill, for the outstanding work done on this project.

Upon inquiry by Chairman Morris, Mr. Grasso stated they are working now to have the basic agenda and then be able to click on the backup by the first meeting in September.

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The Chairman recessed the meeting at 9:39 a.m. for his Birthday Celebration and reconvened at 9:52 a.m. Commissioner Van Der Weide did not return to the meeting at this time.

Tony VanDerworp, Director of Economic Development/Special Projects, addressed the Board to discuss the U.S. 17-92 Redevelopment Plan. Chairman Morris announced that Mr. VanDerworp will be honored today at 12:30 p.m. for his 17 years of service to the County. The Chairman wished him the best in his new position with the City of Sanford as City Manager.

Mr. VanDerworp reviewed from a brochure, beginning with an update of the entranceway to the Maitland Interchange by Dave Tomek, Director of Community Development, Maitland. Mr. Tomek advised the City Council approved last night for the contractor to begin construction and that should begin in about 11 days. Mr. VanDerworp showed on a map the planned scheme for the interchange and the sign location.

Commissioner Van Der Weide entered the meeting at this time.

Mr. VanDerworp showed a sample of the white brick to be used and said the consultant recommended this color.

Commissioner Adams asked staff to come up with a way to make sure the sign is sealed properly so that water and mildew does not get in.

Dave Whickham, Landscape Architect, addressed the Board with Mr. VanDerworp to display the design for the Corridor landscaping, reviewing where they can landscape. Mr. Whickham stated most of the area they can deal with is on the south end. Mr. VanDerworp noted that construction is expected to begin on October 23, as originally scheduled.

Chairman Morris asked why not urge DOT and go for direct funding now through the Legislature to close the ditches which would open up right-of-way and give some recovery room. Mr. VanDerworp explained that the companies want to close off their ditches out front, but there is a permitting problem because they have to have compensating storage somewhere else. He said the way to handle this would be to go to the Legislature and talk about the thing such as resurfacing, curbs, urban sections, and purchase of property for retention ponds.

Ms. Coto stated the Legislative Delegation will be here on the 25^th for a reception. Whereupon, Chairman Morris said that might not be a bad time to talk with them then. Mr. VanDerworp said he will prepare for that meeting with the Delegation.

Chairman Morris asked if hardscape treatments could be done in the right-of-way constrained areas, like a brick treatment. Mr. Whickham said this can be done, but was not looked at because of the scope they were given for this project. Whereupon, Mr. VanDerworp said they can look at doing that. The Chairman asked for them to look at the optimum and then allow the Board to scale back to what they can and cannot do based upon the finances. Commissioner Van Der Weide concurred, saying the Board needs to look at all the possibilities.

Frank Van Pelt, Assistant County Engineer/Transportation, addressed the Board to give an update of the median treatments in the area. He reviewed the intersection of 427 and 17-92 at the Longwood-Lincoln Mercury business and said construction should be finished by the end of September on the medians. He said there are not many landscape opportunities in this area at this time. He stated they won’t be able to do the fringe landscaping until October or November, when the reconstruction of the site for the business is completed.

Upon inquiry by Chairman Morris on the swale in front of the Ford dealership, Mr. Van Pelt explained that relocating the retention pond to another location would not be favorable to the Ford dealership or Longwood-Lincoln Mercury. The Chairman then asked to see some models of these problems for eliminating the swales and accommodating storage elsewhere. He asked if they can look at expanding some of the other retention ponds and what the cost of that would be. He said he wants to get an estimate of the cost and not a formal hydrological study done.

Commissioner Van Der Weide stated if they can come up with some community retention ponds, that would save a lot of the small businesses and there would be a lot more right-of-way for beautification. Chairman Morris said if they can partner with the State, they will have a better chance of moving along faster. He said they clearly need land for retention and there are willing sellers available.

Commissioner Adams questioned why can’t they have a covering of the ditch that will allow the water to percolate through. Mr. VanDerworp suggested that allow staff come back with a model and look at the cost and they will have the information to give to the Legislative Delegation as well.

Commissioner Maloy asked if there can be some sort of overlay to make it easier for small businesses to redevelop. Chairman Morris stated the CRA Board can grant waivers or adjustments to the Code to aid redevelopment, and that is an advantage to having a CRA.

Mr. Van Pelt advised the 17-92, Fern Park improvements are scheduled for construction by the end of September. He said they are looking at possibly five islands, three of which are not landscaped now and two will be refurbished. Further, he said a maintenance contract is in place.

Bob Zaitooni addressed the Board to speak about mast arms, crosswalks and lighting. He reported the mast arms are in and they are basically on schedule. He said the mast arms will be completely constructed by the end of August or the first week of September, and they will be in hunter green color. He reviewed the two concepts for 436. The Board reviewed his copy of a sample design.

Chairman Morris said they had discussed having mast arms on 17-92 and 436 which was going to be so massive and costly and they are not getting anywhere with that. He asked staff to include in their additional report some enhancement features and additional funding sources for 17-92 and 436.

Mr. VanDerworp showed a sample of the signage design for General Hutchinson Parkway at 17-92 in the Spring Hammock area with direction to the Big Tree Park. He said if the Board gives approval of the sign, it can be funded out of the Natural Lands Program. Chairman Morris directed him to use the standard traffic directional left turn sign and not the arrow as depicted in the sample design.

Mr. VanDerworp showed a picture of a typical bus stop design that will be used. He said two bus stops will be installed in August and two in September and will cost $1100 each. He will be requesting the Board to move forward and install these, and they can be done within the projected budget. The Board’s consensus was to use hunter green color for these also.

Regarding neighborhood entrance features in the area of 17-92 and 436, Mr. VanDerworp showed some design concepts and said they have not found any intersections to put these in the right-of-way and still meet the site line requirements, but staff will continue to see what neighborhoods along this entire corridor could receive such treatments. He advised that residents near Sunniland have requested assistance with some type of entrance features and they may be the first prototype. Mr. VanDerworp responded to Commissioner Maloy that he thinks it would be an appropriate arrangement to have the neighborhood contribute to the cost.

Commissioner Maloy asked Mr. VanDerworp to look into hiding the metal pipes the signs are on by using plastic tubing.

Mr. VanDerworp stated the only lighting to be put up at this time is on the mast arm signals. Chairman Morris said he was told the businesses and residents would like street lighting, so he asked staff why not look into that and develop a plan for a street lighting district. He asked staff to plan to get the road reclassified now as an urban road.

Greg France, Deputy Building Official, addressed the Board to discuss the code enforcement issues and the types and number of enforcement cases for this area. Chairman Morris noted that he asked the County Manager to take a planning officer, 17-92 CRA people, and Code Enforcement people on a tour of the area to see the problems.

Mr. France showed a map of the complete corridor depicting areas of code enforcement activities. He reported that as of this date there have been 48 complaints in the Fern Park area alone this year.

Clerk of Court, Maryanne Morse, left the meeting at this time.

Mr. France stated as of today, 18 of 20 notices of violations have come into compliance. These were for landscaping, adult entertainment, and junk car violations. He stated a bus ride is tentatively planned for September with the media, Code Enforcement Board members, County Manager, and himself to address all the issues so that everyone understands what they can do and what their limitations are. He said his office with the County Attorney’s Office will review some of the gray codes that exist. They are trying to develop an interlocal agreement for junked and abandoned vehicles on DOT rights-of-way and time limits for handling them.

Chairman Morris stated this is not something new; he said bring this back to the Board on the first meeting in August to have the Sheriff do this code enforcement. He said he is talking about commercial areas. He discussed further what is being done about other violations of manufacturing and year-round tents.

Clerk Maryanne Morse returned to the meeting at this time.

Current Planning Manager, John Dwyer, addressed the Board to state staff is asking the Board for permission to draft the ordinance for Land Development Code changes, hopefully in September. Commissioner Adams requested a preliminary draft of the gray areas needing clarification within a month. Mr. Dwyer said staff understands the issues on Spartan Drive with manufacturing and the outside storage and tent problems, and they will be addressing those.

Commissioner Van Der Weide left the meeting at this time.

Chairman Morris stated there are clear violators on his reading of the code and he wants them enforced. He told staff if they need an interpretation of the code, then come to the Board for that. He directed staff to enforce the code. He requested a report on this that is more concrete at the first meeting in August.

Commissioner Adams suggested staff take pictures of the violations and bring before the Board the code that says it cannot be changed.

Mr. VanDerworp said staff will come back at the next meeting with a list of the issues they need to address with code changes and/or compliance with what’s in the code now. Chairman Morris asked additionally that the Board be made aware specifically of why code complaints they have forwarded to staff cannot be taken care of. During further discussion, Chairman Morris gave the directive for staff to pick up any wares located in the right-of-way. Violations Inspector, Debbie Leigh, advised that the particular one being discussed is a DOT right-of-way. Mr. France said Deputy County Attorney, Lonnie Groot, is working on an interlocal agreement with DOT.

Mr. VanDerworp reported on Fernwood Boulevard from Oxford to 17-92. He said sidewalks to the bus shelters have been installed on the north side and they are now ready to go to the south side. He is recommending doing median treatments and some landscaping in the rural sections where possible in this area at a cost of approximately $45,000. He said, with the Board’s approval, staff will move forward with the design work. He stated if there are project savings after putting out the landscaping contract, those savings will be used toward this project.

Mr. VanDerworp advised the Chairman if there are no savings, they have the option to take the money out of the General Fund Contingency. Chairman Morris suggested asking the Board for authorization, if there is a shortfall of funding, to take the money out of the General Fund as a loan to the CRA and the funds will be paid back from the CRA. Mr. VanDerworp said staff will handle it this way as a contingency. The majority of the Board had no objections. Commissioner Maloy said he would like to see the project done within the current budget.

Library and Leisure Services Director, Suzy Goldman, addressed the Board to request their consensus for staff to pursue the agreement with Orange County Library for reciprocal borrowing. The Board’s consensus was for staff to pursue going forward with this agreement.

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

Seminole County Bar Association Request

County Attorney, Robert McMillan, addressed the Board to explain this request is from the Seminole County Bar Association Legal Aid Society, Inc., which is not the same as the Seminole County Bar Association.

Attorney Silvia McLain, Executive Director, addressed the Board, with Board of Directors President Terry Bledsoe and Staff Attorney, Candace Reshee (phonetic), to state they now receive $8 for every case filed in Seminole County as a user fee, and they are requesting an increase of $8 to $16. She explained they are a non-profit organization, United Way incorporated, to provide free legal service to the poor in Seminole County.

Hollan Pugh, Safehouse, addressed the Board to express support for the Legal Aid Society’s request, stating they work collaboratively with them and a number of their victims have been served by Legal Aid.

Ms. McLain stated that Thom Green, President of the Seminole County Bar Association, does endorse their request also. She discussed the services they provide, handling civil and family cases. She shared their need to relocate and said she is looking for office space (2,000 square feet) on 434 near I-4 to be centrally located for the clients. Chairman Morris advised her that the County owns houses that could be used for office needs. He urged Ms. McLain to call DCM Cindy Coto on this for County assistance.

Clerk, Maryanne Morse, suggested the effective date of the Ordinance on increased fees be October 1 or January 1, preferably, as there are two pieces of legislation going into effect on January 1, which will affect the filing of the fees on all dissolution of marriages. They would avoid having multiple changes if the effective date is January 1. However, Ms. McLain said she prefers the October 1 effective date, because they need the money to operate.

Mr. McMillan said his office will prepare the ordinance for advertising and bring it back to the Board the first meeting in August.

The Board gave a majority consensus to advertise the Ordinance for increased fees. Commissioner Maloy objected to the fee increase. Chairman Morris stated this will probably come back at 1:30 p.m. on August 11.

Mr. McMillan stated the Supervisor of Elections ordered the County a certified petition relative to the adoption of an ordinance on public decency on July 1. Under the Charter, a public hearing must be held within 60 days of that date to consider adoption and if the Board does not adopt the ordinance, it will go on the referendum. He asked the Board to designate a hearing date and approve authorizing an impact statement and advertising the ordinance.

Commissioner Adams said to put this on the ballot. He thinks the citizens have requested it and went through the procedures, so he thinks it is time to do so.

Deputy County Attorney, Lonnie Groot, stated the Charter requires a hearing.

Chairman Morris stated this can be on the agenda for the first meeting in August. Commissioner Maloy said he would like this to be scheduled for 7:00 p.m. to allow more people to attend. The Board consented to August 11 at 7:00 p.m. Chairman Morris stated they need to be very cautious on how much public participation they have versus what else is on the agenda, and he asked that reasonable restraint be used by everyone as they have a heavy agenda for that night.

Commissioner Maloy had some questions regarding Item #19, Award FC-141-98/BJC, Lake Howell Outfall Dam to Central Florida Underground; Item #12, Subrecipient Agreement with Seminole Volunteer Enterprises; and Item #13, Approve the 1998-99 One year Action Plan of the County’s Consolidated Plan. Mark Flomerfelt, Chief Engineer, and Buddy Balagia, Principal Planner, addressed the Board to answer his questions.

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

Engineering

Comprehensive Planning

12. Authorize Chairman to execute Subrecipient Agreement, as shown on page __________, with Seminole Volunteer Enterprises, Inc. to provide funds for the purchase of a cargo vehicle for use in food collection and distribution to lower income citizens of Seminole County.
13. Approve the 1998-99 One Year Action Plan, as shown on page __________, of the County’s Consolidated Plan and authorize its submittal to the U.S. Department of Housing and Urban Development (HUD) via the Seminole/Volusia HOME Consortium.
14. Approve and authorize Chairman to execute two Satisfaction of Second Mortgages, as shown on page __________, for two purchasers who were assisted under the SHIP Ownership Assistance Program.

Community Services

15. Approve and authorize Chairman to execute Interagency Agreement, as shown on page __________, establishing participation in the Seminole County Juvenile Justice Interagency Agreement by Prosecution Alternative for Youth (PAY).
16. Approve submittal of seven Substance Abuse Trust Fund Applications, as shown on page __________, for a total of $82,738.

17. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page __________, between Seminole County and the City of Sanford for amateur softball tournament to be held at the Sanford Memorial Stadium August 13-16, 1998 ($1,500).

 

Fiscal Services

Purchasing

Formal Contracts

18. Award FC-140-98/BJC, as shown on page _________, Roseland Park Sanitary Sewer Installation Project to Progressive Contractors, Inc., Daytona Beach ($396,690.50).
19. Award FC-141-98/BJC, as shown on page _________, Lake Howell Outfall Dam to Central Florida Underground, Altamonte Springs ($299,260.50).
20. Award FC-143-98/BJC, as shown on page ________, Indian Hills Water Treatment Plant Improvements to Wharton-Smith, Inc., Lake Monroe ($407,000).
21. Approve Change Order #8, as shown on page __________, to FC-315-95/BJC Seminola Boulevard (U.S. 17/92 to East Lake Drive) with Prairie Construction Co, Inc., Polk City ($303,639.70).
22. Approve Change Order #2, as shown on page __________, to FC-115-98/BJC State Attorney’s Building Roof and A/C Renovation with M & M Builders, Inc., Longwood ($12,770).
23. Approve Change Order #3, as shown on page __________, to FC-118-97/BJC Lockhart Subdivision Paving and Drainage with Superior Asphalt of Central Florida Inc., Mt. Dora ($2,100).
24. Approve Change Order #4, as shown on page __________, to FC-118-97/BJC Lockhart Subdivision Paving and Drainage with Superior Asphalt of Central Florida, Inc., Mt. Dora ($527).
25. Approve Change Order #5, as shown on page __________, to FC-118-97/BJC Lockhart Subdivision Paving and Drainage with Superior Asphalt of Central Florida, Inc., Mt. Dora ($22,862) (Extend Completion Date).
26. Approve Change Order #3, as shown on page __________, to FC-123-97/BJC Leachate Underdrain Replacement at the Osceola Landfill with Prime Construction Group, Inc., Orlando ($49,920) (Extend Completion Date).
27. Acceptance, as shown on page __________, of FC-107-97/BJC Lift Station Rehabilitation for Aloma Park and Gravity Sewer Sliplining for Amberwood Project with Sunshine Building and Development Corp., Casselberry (Certificate of Completion).

28. Approve First Amendment, as shown on page __________, to PS-372-97/BJC Monroe Basin Engineering Study & Drainage Inventory, with Camp, Dresser & McKee, Inc., Orlando, ($183,716) (Extend Contract Date).

Request for Proposals

29. Award RFP-429-98/BJC CHDO Rental Housing Activity to The Center for Affordable Housing, Sanford (Not-to-exceed $150,000).
30. Award RFP-441-98/GG Auctioneer Services to George Gideon Auctioneers, Inc., Winter Springs (Various Commission Rates).
31. Approve Third Amendment and Time Extension, as shown on page __________, to RFP-409-97/GG Renovation of Elevators with Delta Elevator, Inc., Orlando ($31,449) (Time Extension).
32. Approve First Amendment and Time Extension, as shown on page __________, to RFP-426-98/GG Renovation of Elevators with Delta Elevator, Inc., Orlando ($34,090.50) (Time Extension).
33. Approve First Renewal, as shown on page __________, to Master Agreements RFP-407-97-BJC Eminent Domain & Litigation Support Services with various consultants (August 1998 through August 1999) (Not-to-exceed $750,000).
34. Approve First Renewal, as shown on page __________, to Master Agreement RFP-414-97/BJC Marketing Consultant Services with Chernoff/Silver and Associates, Maitland (September 23, 1998 through September 22, 1999) (Not-to-exceed $108,000).

35. Approve First Amendment, as shown on page __________, to A/B-313/JVP Traffic Management Systems with Traffic Control Devices, Inc., Altamonte Springs ($87,926.50).

Sole Source and Proprietary Source

36. Authorize Sole Source Procurement and issue Miscellaneous Contract M-68-98/BJC Land Development Code Codification with Municipal Code Corp., Tallahassee ($35,000).
37. Approve Proprietary Source Procurement and issue Miscellaneous Contract M-66-98/BJC CR-46A Phase II, Additional Services for Plan Revisions with Professional Engineering Consultants, Inc., Orlando ($55,552).
38. Approve Proprietary Source to Amendment #1, as shown on page __________, to Miscellaneous Contract M-50-98/BJC Contamination Evaluation/CR 427 IV, with Parsons ES, Winter Park ($59,309.24).
39. Approve Proprietary Source to Amendment #1, as shown on page __________, to Miscellaneous Contract M-40-97/BJC Software License and Services Agreement with H.T.E. Inc., Lake Mary ($40,900).

40. Approve Joint Utilization for the purchase of vehicles through the Florida Sheriff’s Association and Florida Association of Counties Cooperative Bid #97-05-0915, for the purchase of vehicles from Don Reid Ford, Maitland ($218,000).

Information Only

41. Reporting the issuance of an Emergency Purchase Order for the Sheriff’s Office and Public Safety Building, with Deepa Textiles, Inc., San Francisco, California ($49,876.75).
42. Reporting the issuance of an Emergency Miscellaneous Contract, M-67-98 Pay As Cut at the Osceola Landfill with Georgia-Pacific Corporation, Palatka (Estimated $100,000 revenue).

Budget

43. BCR #98/98 ($15,400), Planning and Development/Comprehensive Planning Fund 11901, Grants and Aid Fund; accounting adjustment to place funds in the appropriate account lines to track the daily operation of the Community Development Block Grant.
44. BCR #98/106 ($200,000), Environmental Services/PECPM Fund 40103, Connection Fees – Sewer Fund; provides funding for the design and construction of the SR 417 (Expressway) Utility Relocation Project being coordinated in conjunction with the Florida Turnpike Authority project schedule.
45. BCR #98/110 ($282,858), Environmental Services/Administration Fund 40100, Water and Sewer Fund; provides funds for moving Environmental Services building staff and operations to Reflections and equipping the new location.
46. BCR #98/109 ($6,919), Planning and Development/Comprehensive Planning Fund 31100, Environmentally Sensitive Lands Fund; provides funds for construction and installation of a segment of the Seminole Wekiva Trail. The County will reimburse Zom Developers for the final lift of asphalt. BCC approved this project on 10/29/97.
47. BCR #98/117 ($128,728), Sheriff’s Office Fund 00100, General Fund; provides additional operating and capital budget from the Sheriff’s reserve to cover the Sheriff’s expenditures in responding to recent natural disasters.
48. BCR #98/118 ($182,324) Sheriff’s Office Fund 00100, General Fund; covers FEMA reimbursable expenses the Sheriff incurred in responding to recent natural disasters.
49. BCR #98/119 ($263,800), Administrative Services/Facilities Maintenance/Support Services Fund 00100/31800, General Fund/Facilities Capital Improvements Fund; accounting adjustment to transfer funds for the renovation of four County Services Building elevators to the proper account.
50. BCR #98/120 ($18,000), Public Works/Engineering Fund 11500/12601, Infrastructure Sales Tax/Arterial-Impact Fees; accounting change to make funds available for increased construction costs for the Seminola Boulevard Project.
51. BCR #98-121 ($18,500), Public Works/Engineering Fund 11500, Infrastructure Sales Tax; accounting change to make funds available for design changes for the Chuluota Bypass Project.
52. Budget Amendment Resolution #98-R-147, as shown on page __________, ($94,125), Fiscal Services Fund 00100, General Fund; funds to provide work station links to Wide Area Network for immediate access to criminal records, latent fingerprints for investigative comparisons and court presentations, pawn shop tickets, NCIF/FCIC and warrants.
53. Budget Amendment Resolution #98-R-148, as shown on page __________, ($50,000), Fiscal Services Fund 10101, Transportation Fund; recognizes and appropriates contributions of $25,000 from the City of Lake Mary and $25,000 from Seminole County Public Schools for design, construction, and installation of a traffic signal on Lake Mary Boulevard at School Entrance/4^th Street.
54. Budget Amendment Resolution #98-R-149, as shown on page __________, ($3,000), Fiscal Services Fund 00100 General Fund; Grant titled "DUI Enforcement Program" for the purpose of providing partial funding for a Breath Test Operator Position.
55. Budget Amendment Resolution #98-R-150, as shown on page __________, ($49,148) Fiscal Services Fund 00100 General Fund; The Board of County Commissioners approved an Interlocal Agreement on May 12, 1998 between the City of Sanford and the Sheriff’s Office for the use and benefit of the County’s Community Development Block Grant (CDBG) Program. Funding in the amount of $117,108 was approved to pay personal services, operating and capital for one (1) deputy sheriff, and personal services only for (1) deputy sheriff. This Budget Amendment Request will amend the Sheriff’s Office FY 1997/98 budget for funding through September 30, 1998. The balance will be placed in the Sheriff’s Office FY 1998/99 budget prior to adoption.
56. Authorize scheduling and advertising Public Hearing for the presentation of the proposed Port Authority Budget for FY 1998/99 on August 25, 1998, at 1:30 PM.
57. Authorize scheduling and advertising Public Hearing Dates for the Adoption of the Tentative (September 9, 1998) and Final (September 22, 1998) FY 1998/99 Seminole County Budget.
58. Authorize expenditure in the amount of $2,140 from the Law Enforcement Trust Fund for Caterfly "Mac’s Back" Books (set of substance abuse prevention books) for Seminole County Public Schools.
59. Authorize expenditure in the amount of $28,295 from the Law Enforcement Trust Fund to purchase computer equipment for developing database information related to criminal investigations for the City County Investigative Bureau.
60. Approve and Authorize Chairman to execute an Agreement, as shown on page __________, between Seminole County Sheriff’s Office and Seminole Community College for one (1) full-time College Resource Deputy.
61. Adopt appropriate Resolution #98-R-151, as shown on page __________, to reimburse preliminary costs associated with water and sewer improvements from the anticipated bond issue.
62. Approve tentative millage rates and authorize the Budget Officer (County Manager) to execute the certifications of millage for the first public hearing to be held September 9, 1998, at 7:00 p.m. or as soon thereafter as possible.
63. Approve and authorize Chairman to execute Grant Supplement Application and Associated Grant Supplement Documents, as shown on page __________, for the United States Department of Justice Office of Community Policing Services, for the Sheriff’s Office.

Commissioner Maloy requested that Item #4, Seminole County v. Clayton, et.al., be held until the 1:30 p.m. meeting.

Commissioner Van Der Weide discussed Add-on Item #5, Robert Deverall v. Seminole County. He suggested holding the speed humps issue in abeyance until the Board can readdress the chokers. He said he understands there is a study relative to safety issues which is going to counter the County’s study. This is supposed to be a national study that disputes what the County’s Public Safety people have indicated to the Board.

Mr. Groot stated the legal hearing is scheduled for August 10. Mr. McMillan pointed out that staff still needs authority to defend if they must do so. Commissioner Van Der Weide stated as he has said before, the only reason he would want the speed humps removed is if there was a safety issue.

The consensus of the Board was to direct staff to hold in abeyance the removal of the speed humps on Holliday Avenue as recommended by Commissioner Van Der Weide until further direction by the Board.

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Upon inquiry by Commissioner Adams, Mr. McMillan explained the background for Item #3, Seminole County v. Febe Enterprises, Inc. Assistant County Attorney, Lynn Vouis, addressed the Board to answer questions.

Commissioner Van Der Weide said he thinks John Dwyer, Current Planning Manager, should work with the legal staff on the sign issue. Mr. McMillan responded that is not the issue. He said the issue is that the parties have sued the County and he is asking for authority to defend the lawsuit. He said negotiations will continue.

Assistant County Attorney, Henry Brown, addressed the Board to state he believes the parties are going to try to go after severance damage claim on the back lot. He said this does create some significant legal and value issues. This won’t be as easy as it sounds.

Commissioner Adams said he wants to be kept abreast of this matter.

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

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

John Blackwood, Emergency Management Manager, addressed the Board to briefly discuss Item #1, Local Mitigation Strategy Contractual Services Agreement.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve Mitigation Contractual Services Agreement, as shown on page ________, between Seminole County and Florida Department of Community Affairs; and authorize Chairman to execute. Funds are available for Seminole County to develop a Local Mitigation Strategy which will be designed to help communities reduce their vulnerability to disasters.

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

Mr. Blackwood and Suzy Goldman, Library & Leisure Services Director, discussed briefly Add-on Item #3, request to apply for Hazard Mitigation Grant funds. He said the County will owe $43,000 as the State will pay half of the $87,000.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide, to authorize applying for Hazard Mitigation Grant funds made available by FEMA. (The grant program requires 25% local match, not to exceed $87,002. The match will be funded from reserves).

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

Cindy Manoni, Fiscal Services Director, addressed the Board to briefly review Add-on Item #2, approval to proceed with financing the acquisition, construction, and renovation of the Courthouse facilities. She said this is a contingency plan if the Board moves forward.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams, to approve for staff to proceed with preparations for financing the acquisition, construction, and renovation of Courthouse facilities and for First Union Capital Markets Corporation to serve as Senior Manager.

Districts 2, 3, and 4 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner Van Der Weide, seconded by Commissioner Adams, to approve authorization to advertise agreement relating to the provision of a Local Government Access Channel by TWC (Time Warner Communications) as required under Section 55.61, Seminole County Code, and extend TWC’s franchise(s) expiration date to March 11, 2005.

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

Commissioner Van Der Weide left the meeting at this time.

Chairman Morris advised the date of the Payroll Approval List dated July 7, 1998 is corrected to July 9, 1998.

Motion by Commissioner Maloy, seconded by Commissioner Adams, to authorize and approve the following:

The Board noted, for information only, the following Clerk’s "received and filed":

No Report.

Motion by Commissioner Adams, seconded by Commissioner Maloy, to approve the Official Minutes dated June 23, 1998.

Districts 1, 2, and 4 voted AYE.

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The Board recessed at 12:02 p.m., reconvening at 1:35 p.m., with all Commissioners (with Commissioner Van Der Weide entering late), 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.

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Chairman Morris stated the Sheriff’s Office recently had a tragedy with three of his employees, Deputies Sammie Gibson and Scott McLeod who were wounded, and Deputy Eugene Gregory, who lost his life, while in the line-of-duty. He stated he personally did not know Deputy Gregory, but heard of the tributes to him from the residents in the area, and he would like for everyone to rise for a moment of silent prayer for him and his family.

The Invocation was given by Pastor Lloyd Alamsha, Upsala Community Presbyterian Church, Sanford.

Robert Perez, Orlando Sentinel, led the Pledge of Allegiance.

Motion by Commissioner Adams, seconded by Commissioner Maloy to adopt Resolution #98-R-142, as shown on page _________, commending Tony VanDerworp for his dedicated service to Seminole County.

Districts 1, 2, and 4 voted AYE.

Chairman Morris presented the Resolution to Mr. VanDerworp and he expressed his appreciation to the Board, staff and the residents of Seminole County.

Motion by Commissioner Adams, seconded by Commissioner Maloy to authorize the filing of the proofs of publication for this meeting's scheduled public hearings.

Districts 1, 2, and 4 voted AYE.

Proofs of publication, as shown on page _______, calling for a public hearing to consider Rezone from A-1 (Agriculture) to R-1A (Single-Family Residential) and R-1AA (Single Family Residential) for lots located along the north and west boundary of the development; property located on the north side of Sand Lake Road and west of West Lake Brantley, Facilities and Environmental Consultants, received and filed.

Don Fisher, Senior Planner, addressed the Board to advise staff recommends that the request is: (1) In compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and, (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the request subject to the development connecting to central water and sewer. The Planning & Zoning Commission (P&Z) recommended approval with staff comments.

Robert Bear, representing the applicant, addressed the Board to advise he has no additional comments and he accepts staff’s recommendations.

No one spoke in support or in opposition.

Commissioner Van Der Weide entered the meeting at this time.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the rezoning, by Ordinance #98-39, as shown on page ________, from A-1 to R-1A and R-1AA for lots located along the north and west boundary of the development; property located on the north side of Sand Lake Road and west of West Lake Brantley, as described in the proof of publication, Facilities and Environmental Consultants; with staff recommendations, and approval of the Development Order, as shown on page ________.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to Vacate and Abandon the western 15’ of the Georgia Avenue Right-of-way, located south of Orange Blvd., Orlando Lake Forest Joint Venture, received and filed.

Gary Schindler, Development Review Senior Planner, addressed the Board to state the only contact he has had was with the residents in the area interested in the portion of Georgia Avenue north of Orange Blvd. which is not relative to the requested vacate.

David Lowe, representing the applicant, addressed the Board to advise he will be glad to answer any questions.

No one spoke in support or in opposition.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-152, as shown on page _________, vacating and abandoning the western 15’ of the Georgia Avenue Right-of-way, located south of Orange Blvd., as described in the proofs of publication, Orlando Lake Forest Joint Venture.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider an Ordinance relating to vessel speeds on the Econlockhatchee River.

Lonnie Groot, Deputy County Attorney, addressed the Board to advise this is the ordinance the Board discussed during a prior meeting. He stated staff has three options for vessel regulations in which the Board can select. The first option is an Idle Speed/No Wake Zone, the second option is a fifty horsepower (50 HP) limitation, and the third option is a five miles per hour (5-MPH) speed limit. The Board needs to select one of these options if they decide to enact the ordinance. He referred to an attachment showing the extent of the river in which the speed regulation would occur. He said the area was changed at the last meeting from the transmission lines to the section line westward of the transmission lines. He introduced Mike Martin, Senior Forester of the Division of Forestry; Captain Bill Armstrong, Sheriff’s Office; and Jim Duby, Natural Lands Program.

Chairman Morris stated this area of the river is very narrow and very shallow and the Board needs to make a decision as to what type of restrictions should be placed in order to make the river safer for the canoeists and boaters. He stated he would like for Mr. Martin and Captain Armstrong to address the safety issues.

Mike Martin, Division of Forestry, addressed the Board to advise he has seen quite an increase of community activity on this river. He stated he feels restriction and safety is very important and the no wake zone would be the most practical way to go from an enforcement standpoint.

Captain Bill Armstrong addressed the Board to state his recommendation is to go with the no wake zone, as he feels it is difficult to clock the speed of a boat.

Upon inquiry by Commissioner Adams, Captain Armstrong advised his office is willing to support combining the option of a horsepower limitation and an idle speed/no wake zone.

Mr. Groot advised the combination of the two options was not advertised, therefore, that option cannot be selected.

Upon inquiry by Commissioner Maloy, Mr. Groot advised Mr. Yarborough’s request of moving the line from his property to the west was taken into account. He stated he believes it is entirely off his property.

Rick Roberts, 261 Nova Dr., representing Florida Outback and a group of businessmen in the County who are Ecotourist providers, addressed the Board to state Seminole County has put a lot of energy and effort into producing Seminole County as the natural place to go. The Econ River is a big creek, it is a State canoe trail, an attractive area, and it brings a lot of tourism to the County. He stated he is looking for a way to make it compatible for human power recreation and motor power recreation. He said he has seen many very close calls with jet skis and motor boats on the river. He submitted a Petition, as shown on page __________, from concerned citizens favoring the no wake zone.

Ken Bosserman, 3504 Finch St., representing the Friends of the Econ, addressed the Board to state he is a member of the Econlockhatchee State Forest Advisory Group and he can say that the Sierra Club, the Native Plant Society and the Audubon Society have discussed this issue during their meetings for the last three years. He stated he has told all of the environmental groups to be patient as something will eventually be done about this problem. He said he sees this as a no wake zone issue and now is the time to act on this.

Peggy Green, 615 Grand Cheuies Cove, representing Big Oaks Ranch, addressed the Board to speak in support of the no wake zone. She briefly discussed the safety issues.

Commissioner Cindy Gennell, Winter Springs, addressed the Board to state she is here today as an individual and as a member of the Tourist Development Council. She stated the County has spent a lot of energy and time with a relationship with Wicklow County, Ireland, and last summer she had an opportunity to accompany the Irish canoeists. She said she heard them say that they would never canoe along the Econ River again because of the conditions on the river.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Van Der Weide stated he has concerns taking this whole area and eliminating the use of motorized crafts directly or indirectly. He stated he has seen young people drive like maniacs on rivers and he feels that this is a law enforcement issue. Everyone wants the Board to put more and more restrictions on these types of activities, and his concern is the canoeists will be the only ones who will have fun on this section of the river.

Mr. Martin stated that is one of the reasons why he decided to go with the no wake. He stated he believes safety is the key issue here as he is afraid a fatality will eventually occur on that river.

Upon inquiry by Commissioner Maloy, Captain Armstrong advised the ordinance that was passed a few months ago for Bear Lake is working fine. He stated the majority of the people that have been issued tickets are the residents. He said they are doing everything they can to educate the public as to the nature of the ordinance.

Motion by Commissioner Adams, seconded by Commissioner Maloy to adopt Ordinance relating to vessel speeds on the Econlockhatchee River, with the Option of Idle Speed/No Wake Zone.

Under discussion, Chairman Morris stated there are more people boating now, and more and more of them are not showing courtesy that they may have done in the past. He stated he supports the ordinance, but he does not have a good feeling that the no wake zone will not be enforced in the same manner as it is in the inland waterway.

Commissioner Van Der Weide stated he would much rather go with the 5 mph speed limit and the Law Enforcement should be able to determine whether someone is going more than 5 mph. This will give everyone full use of the waterway and that way they wouldn’t have to define reckless operation.

Upon inquiry by Chairman Morris, Captain Armstrong advised the speed limit is very difficult to enforce as the enforcement personnel have indicated that the radar is unreliable on the water and may not be accurate.

Commissioner Adams stated he doesn’t believe the Board should second-guess the law enforcement officers as to what is the best approach. Discussion ensued.

Upon inquiry by Chairman Morris, Mr. Martin advised signs will be placed at some of the landing slips and at Snow Hill Road.

Captain Armstrong stated the majority of this area is not going to be impacted by the majority of the power boaters.

Chairman Morris stated with regard to what Captain Armstrong has said, he would support the slow speed of 5 mph as he feels the idle speed would be more confusing.

Discussion ensued relative to enforcing the speed limit.

Upon inquiry by the Chairman, Captain Armstrong advised if someone goes over the 5 mph speed limit, they can be cited for unsafe operation, but that person can challenge that. He stated the Sheriff’s Office would have to prove how they were reckless and how fast they were going.

Commissioner Adams left the meeting at this time.

Commissioner Maloy stated he has no problem going with either way on this, therefore, he will withdraw his second to the motion.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #98-37, as shown on page ________, relating to vessel speeds on the Econlockhatchee River, with a speed limit zone of 5 mph.

Commissioner Adams reentered the meeting at this time.

Under discussion, Chairman Morris advised the Board will go with the 5 mph speed limit to see if there will be an enforcement problem, and if it needs to be revised, they will bring it back for Board approval.

Mr. Groot advised the ordinance requires an annual report by the Sheriff.

Commissioner Adams stated he feels that Option #3 is better than what they have today, therefore, he would support the 5 mph speed limit with reservations.

Mr. Groot informed the Board that if the Ordinance is approved, Sections 3 and 6 would be modified with the corrected options.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider an Ordinance relating to the use of stages in adult establishments (AEEs), received and filed.

Mr. Groot briefly reviewed the proposed request.

No one spoke in support or in opposition.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to adopt Ordinance #98-38, as shown on page _________, relating to the use of stages in adult establishments (AEEs), as described in the proof of publication.

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

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the proposed settlement relating to Parcel #833, Red Bug Lake Road, Phase II road improvement project in the amount of $458,449.46 for attorneys fees and costs, Diane H. & Walter B. Walker, Seminole County v. Clayton, et al.

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

Chairman Morris recommended appointing Commissioners Maloy, Adams and McLain to the Value Adjustment Board (VAB).

Motion by Commissioner Van Der Weide to appoint Commissioners Maloy, Adams and McLain to the VAB.

Chairman Morris surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to call the question.

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

The main motion was voted upon and carried unanimously with District 1, 2, 3, and 4 voting AYE.

The Vice Chairman returned the gavel to the Chairman.

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

5. Parks/Recreation Contracts for Services, as shown on page _________, for Sue Rasmussen; Carrie L. McGinty; Alfonso Garcia; JoAnn Harkins; Mark Gerard Lammert; and Kimberly Presor.

87. Fax dated 7/10/98 from Michael C. Moehle re: SJRWMD tentative budget. (cc: BCC, CM, DCM)

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize a one-time emergency maintenance be performed on a small portion of New Jersey Avenue, per recommendations by the District Team Leader and the District Commissioner.

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

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Commissioner Adams reported that he received an official resignation letter from Tony VanDerworp for the Acting Executive Director of the Expressway Authority, and he is recommending Jim Marino as the interim appointment effective July 17.

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Commissioner Adams stated he is happy to report that he has received written correspondence with regard to the bridge along the Wekiva River. The DEP, St. Johns River Water Management District, Sanlando Utilities, The Springs Homeowners Association and Seminole Community College have come to the table to get this project completed.

Chairman Morris stated a speed report has been submitted regarding Howell Branch Road and the traffic counts for that road have stayed about the same. He suggested that the Comprehensive Planning and Traffic Engineering Divisions come back to the Board on August 11 with a proposal for a small area study. He stated a study might help in determining whether Howell Branch Road should be widened or not. The Board had no objections.

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Chairman Morris announced that there is no evening meeting scheduled for tonight.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:00 p.m., this same date.

ATTEST_______________________Clerk_______________________Chairman

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