BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

AUGUST 22, 2006

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 1:30 p.m., on Tuesday, August 22, 2006, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of the 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 David Knox, Christ Episcopal Church, Longwood.

     Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Commissioner Morris stated Carylon Cohen, Deputy Clerk, brought to his attention a newspaper article (received and filed) and the Board may want to invite one of its Winter Springs citizens, Betty Davis Gibson, to a Board meeting for recognition.  Ms. Gibson earned a certificate from the Guinness Book of World Records in 1999 for growing the tallest collard green in the world and most recently received a certificate of award for growing a taller collard for the Florida Record by the University of Florida - Seminole County Extension on July 12, 2006.


     Chairman Henley stated he would have no problem with doing that.

County Manager’s Consent Agenda

 

     County Manager Cindy Coto addressed the Board to review changes to the Agenda.  She advised that for Item #10, BAR #06-25 in the amount of $20,000, Library & Leisure Services, those adjustments have already been made, so this Item is no longer necessary.  She noted for Item #33, Traffic Signal Maintenance Agreements with the Cities, that when the agenda was prepared, only Casselberry and Altamonte Springs had signed off.  Since then, Winter Springs and Oviedo have approved the agreement.  The city of Sanford has indicated to her that this is on their August 28 agenda and the staff recommendation is for approval.  She advised a letter is in the Board’s agenda packet from the city of Lake Mary indicating they would pay the new rate, but they still would like to talk about the agreement, and the city of Longwood indicated this week they are still considering their options.  She advised for the Regular Agenda Item #49, appointments to the Casselberry CRA, Doug Thacker asked to be removed from consideration as appointment.  She asked the Board to make note of the additional information received from the city of Casselberry and the County Attorney regarding this Item.  Ms. Coto further advised of add-on Item #50A with reference to Natural Lands and Trails Referendum, and said staff will be seeking direction from the Board.

     Commissioner Dallari requested Item #34, Agreement between Seminole County, United Arts of Central Florida, Inc., and Seminole Cultural Arts Council, be pulled from the agenda for separate discussion.

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

Community Services

Community Assistance

 1.  Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Barbara A. Desanto, Julia Hoss, Christopher and Alisha Johnson, Ivette Y. Lugo, and Veronica Johnson.

 2.  Approve and authorize Chairman to execute the Central Florida Young Men’s Christian Association (YMCA) Contract, as shown on page _______, in the amount of $15,660.76. 

 3.  Approve application of a Community Service Block Grant for availability of $230,056.00 to the Department of Community Affairs for services to Seminole County residents through the CSBG grant; and authorize Chairman to execute Application, as shown on page _______, and approval of required 2% Cash Match of $4,601.00. 

 

Economic Development

 4.  Adopt Resolution #2006-R-186, as shown on page _______, approving the issuance of Industrial Revenue Bonds for Goodwill Industries of Central Florida, not to exceed $5,250,000. 

 

Environmental Services

Planning, Engineering & Inspections

 5.  Approve and authorize Chairman to execute Release of Exclusive Access Easement, as shown on page _______, for Alafaya Self Storage, LLC for access to a water storage tank and piping for fire protection.

 

Fiscal Services

Administration

 6.  Approval to schedule and advertise a Public Hearing to adopt a $3.00 court cost in support of Teen Court and increase the civil traffic penalty for driver education programs from $3.00 to $5.00. 

 7.  Budget Amendment Resolution #2006-R-187, as shown on page _______, #06-82 - $186,330 – Administrative Services – General Fund.  Allocation of additional funds in order to construct ten (10) kennel runs to be housed in a 1,600 square foot building.  This project and the sick/isolation room project, currently budgeted at $32,000, will be incorporated into a single project.  Based on current project estimates, an additional $154,330 is needed to complete the project and the estimated total project cost is $236,330. Funds of $44,000 are available from the completed Animal Services Lobby/Front Desk project.  An additional $110,330 is being requested from the General Fund Reserves.  General Funds Reserves after adjustment will be $15,475,935.

 8.  Budget Amendment Resolution #2006-R-188, as shown on page _______, #06-83 - $206,000 – Information Technologies – General, Transportation Trust, Development Review and Solid Waste Funds.  To reallocate Rental and Leases funding for computer leases between the General Fund, the Transportation Trust Fund, the Development Review Fund, and the Solid Waste Fund in accordance with the allocation of actual expenditures.  The total Rental and Leases budget for Information Technologies will remain unchanged by this Budget Amendment.  General Fund Reserves after adjustment will be $15,475,935.

 9.  Budget Amendment Resolution #2006-R-189, as shown on page _______, #06-84 - $10,000 – Environmental Services – Water & Sewer Fund.  Recognize the receipt of and allocate the Water Supply Technical Assistance Grant from the Florida Department of Community Affairs.  These funds are to implement the requirements of the Wekiva Parkway and Protection Act, which includes developing a 10 Year Water Supply Facility Work Plan. The funds will specifically be used to perform facility capacity analysis, water supply facility analysis, and analysis of effectiveness of goals, objectives and policies of the comprehensive plan.  No matching funds required.

10.  Pulled from the agenda request for Budget Amendment Resolution, #06-85 - $20,000 – Library & Leisure Services – General Fund.  Transfer funds to Facilities Maintenance for costs related to preparing the library meeting rooms to be voting election sites.  The project is anticipated to start in September 2006 and be completed by November 1, 2006.  The estimated total project cost is $20,000.

Grants

11.  Approval to partner with University of Central Florida (UCF) to submit a grant application to the National Science Foundation – Partnerships for Innovation Grant Program to further the development of SCI.Net; and authorize the County Manager to execute supporting documents, as shown on page _______. 

MSBU

12.  Approve and authorize the County Manager to execute a Street Lighting Agreement, as shown on page _______, between Seminole County and Florida Power & Light for the installation of street lights in the Hanover Woods Street Lighting Municipal Service Benefit Unit.

13.  Approve and authorize the County Manager to execute a Street Lighting Agreement, as shown on page _______, between Seminole County and Florida Power & Light for the installation of street lights in the Sterling Meadows Street Lighting Municipal Service Benefit Unit. 

14.  Authorization to schedule and advertise a Public Hearing for the purpose of giving consideration to adopting an Ordinance to create “Mirror Lake Aquatic Weed Control Municipal Services Benefit Unit”.  

15.  Adopt revised Non-Ad Valorem Variable Rate Assessment Maintenance Resolution #2006-R-190, as shown on page _______, superseding Resolution 2006 R-110 adopted on May 9, 2006. 


Purchasing

16.  Award CC-0998-06/TLR, as shown on page_______, Sanlando Pond Liner Repair and Remediation to Conpilog International Co., Altamonte Springs ($172,500.00, including a contingency amount of $24,000.00).

17.  Award CC-1095-06/BLH, as shown on page _______, – Chiller & Pump Replacement at County Services Building to Air Ideal, Inc. of Chuluota, FL ($244,000.00).

18.  Approve ranking, authorize negotiations and award PS-0977-06/DRR, as shown on page _______, Master Agreement for Construction Engineering and Inspection Services for Various Stormwater Improvement Projects to Dyer, Riddle, Mills & Precourt, Inc., Orlando, (estimated at $600,000.00 per year).

19.  Approve and authorize the County Manager to execute Amendment #1, as shown on page _______, to PS-566-00/BJC, Master Agreement for NPDES Consulting Services and Implementation, with BCI Engineers & Scientists, Inc. of Lakeland, FL to update the wage rates.

20.  Award RFP-0996-06/BLH, as shown on page _______, Fuel Storage Tank Inspection, Maintenance & Repair Services, to Petroleum Equipment Construction, Inc. of Apopka, Florida, (estimated $27,000.00 per year).

21.  Award RFP-1090-06/BLH, as shown on page _______, Horticultural Consulting Services Roadway Medians and Rights-of-Way to Horticultural Consulting Services, Inc., Lake Mary Florida, (estimated at $95,000.00 per year).

22.  Award RFP-1091-06/BLH, as shown on page _______, Custodial Services for Miscellaneous Seminole County Buildings to The Budd Group of Orlando, FL ($1,029,457.00 per year).

23.  Approve and authorize the Purchasing and Contracts Manager to execute Amendment #2, as shown on page _______, to RFP-4217-04/JVP, Term Contract for Seminole County Bunker Gear, with Fisher Safety, Orlando (Price Increase).

24.  Revoke award made to Harbor Branch Environmental Laboratories, Inc. as a Secondary Contractor for RFP-4269-06/BJC, Term Contract for Water and Wastewater Laboratory Services.

 

Library & Leisure Services

25.  Approve and authorize Chairman to execute the Annual State Aid Application and Grant Agreement, as shown on page _______, for FY 2006/07 State Aid to Libraries. 

 

Planning & Development

Development Review

26.  Approve and authorize Chairman to execute the Final Plat for Copper Chase located on the north side of Dr. Edward Stoner Way, west of South Central Avenue (SR 434) and approximately ½ mile south of West Mitchell Hammock Road and approximately ½ mile north of West Chapman Road (KB Home Orlando, LLC). 

27.  Approve release of Irrevocable Letters of Credit and Performance and Payment Agreements for #SM213730W (Water and Sewer) in the amount of $211,259 (Wachovia Bank, N.A) and #SM213731W (Roads) in the amount of $871,427 (Wachovia Bank, N.A.) for subdivision improvements for Lake Jesup Woods. 

28.  Approve and authorize Chairman to execute a Minor Plat for Oviedo Stor-All located on the east side of Aloma Avenue and south of Mitchell Hammock Road (Oviedo Stor-All, Ltd).

Planning

29.  Approve a Minor Amendment to the PUD Development Order and Preliminary Master Plan, and authorize the Chairman to execute Addendum #1, as shown on page _______, to the Greenway South PUD Development Order, located at the southwest corner of SR 417 and SR 426 (Seminole County). 

 

Public Safety

EMS/Fire/Rescue

30.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and Sanford Airport Authority for the EMS/Fire/Rescue Division to conduct controlled burns of abandoned structures owned by the Sanford Airport Authority. 

    

Public Works

Engineering

31.  Adopt appropriate Resolution #2006-R-191, as shown on page _______, and authorize Chairman to execute the Locally Funded Agreement, as shown on page _______, and Memorandum of Agreement, as shown on page _______, with the Florida Department of Transportation; and authorize issuance of check in the amount of $4,274,655 from funds in the County’s 2006/2007 fiscal year budget to be paid to the Florida Department of Transportation by November 1, 2006 for the acquisition of right-of-way to six-lane State Road 434 from Interstate 4 to Rangeline Road. 

32.  Adopt appropriate Resolution #2006-R-192, as shown on page _______, and authorize Chairman to execute the Locally Funded Agreement, as shown on page _______, and Memorandum of Agreement, as shown on page _______, with the Florida Department of Transportation; and authorize issuance of check in the amount of $1,420,000 to be immediately paid to the Florida Department of Transportation.  Authorize an additional check in the amount of $3,016,733 from funds in the County’s 2006/2007 fiscal year budget to be paid to the Florida Department of Transportation by November 1, 2006 for the acquisition of right-of-way to six-lane State Road 434 from Montgomery Road to Interstate-4. 

33.  Approve and authorize Chairman to execute the Traffic Signal Maintenance Agreements, as shown on page _______, with the Cities. 

 

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

 

Tourism

     Commissioner Dallari stated in his discussions with United Arts and the cost of everything that’s been involved with the program, he believes there is some additional outreach that can be done in Seminole County with United Arts.  He asked if there is any latitude to increase the per capita contribution from the County to the United Arts Program so they can work more diligently with the Seminole County Cultural Arts Committee and the school programs.  He said the school programs have gotten more involved with United Arts and there is more need than there are dollars.  He asked for some information on that.
     Suzan Bunn, Tourism Director, addressed the Board to state this is a General Fund Item, so staff would have to go back to the County Manager to see what they could increase the amount to.  She said that would be the privilege of the Board. 

     Commissioner Carey stated one of the issues she is hearing in the community is that as they are competing, not only in this region but also throughout the country, one of the big considerations when major corporations are looking to move into an area is what do they offer in the way of arts and culture.  She said she would like to look at this Item again in more detail.  She thinks it was this morning that Orange County unveiled some potential new plans for a performing arts center and several other components to that.  She said a large amount of the information she gets as a representative on the United Arts Board is that a large number of the people attending the events in Orange County come from Seminole County.  She would like to have more statistical information about how much participation would be Seminole County’s citizens.  She thinks this ties into economic development and she would like to know if there is other funding besides the General Fund they can look at. 

     Chairman Henley suggested continuing this Item until all the questions raised could be answered.  Whereupon, Commissioner Carey said she thinks this particular agreement should have been done much earlier and it needs to move forward, but as they go through the budget process, that would be the appropriate time to look at increasing the number.

     Commissioner Dallari agreed with Commissioner Carey to move forward with the agreement and the details of the funding can be addressed during the budget process.

     Commissioner Morris said he supports the general intent of Commissioner Dallari, but the Board should get some type of program back from United Arts on what kind of spending plan they would have if the amount were increased. 

     Commissioner Dallari said he would like to at least increase the amount to $.75 per capita.  He said if Commissioner Carey could work with the United Arts Council and bring back some information to the Board, that would be great.

     Commissioner Carey said she thinks they need to put in some language to say there would be “X” number of dollars that would come back in grant format to the County. 

     Ms. Coto said staff would be more than happy to look at the funding issues as well as what other initiatives could be funded with the increase in funding and bring that back to the Board at the first public hearing on September 13, 2006.

     Chairman Henley asked for a vote on the agreement today with the understanding that the Board will get information from staff for consideration during the budget hearing.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County, United Arts of Central Florida, Inc., and Seminole Cultural Arts Council. 

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

Constitutional Officers’ Consent Agenda

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

Clerk’s Office

35.  Expenditure Approval Lists, as shown on page _______, dated July 24 & 31, 2006; and Payroll Approval List, as shown on page _______, dated July 27, 2006.

36.  Destruction of listed financial records.

37.  BCC Minutes dated July 25, 2006.

38.  Noted, for information only, the following Clerk’s “received and filed”:

 

 1.  Purchase Agreement, as shown on page _______, with Fleet Financial Center for Parcel #107 for the Cross Seminole Trail Phase III. 

 

 2.  Purchase Agreement, as shown on page _______, with Big Tree Self Storage, LLC, for Parcel #108 for the Cross Seminole Trail Phase III. 

 

 3.  Proof of publication, as shown on page _______, for the July 13, 2006 public hearing of the Charter Review Commission. 

 

 4.  Copy of letter from Bob Lewis, Chief Deputy Clerk, to Cindy Coto, County Manager, RE:  meeting request with regard to space at the Civil Courthouse. 

 

 5.  National Atmospheric Deposition Program (NRSP-3) Memorandum of Agreement, as shown on page _______, for Reimbursement of Coordination and Chemical Analysis Costs. 

 

 6.  Maintenance Bonds, as shown on page _______, for the following:  Sterling Meadows in the amount of $144,938.95; Airport Blvd. Right-of-way-Brio Commerce Center in the amount of $2,986.50; and Riviera in the amount of $47,355. 

 

 7.  Clerk of the Circuit Court Fiscal Year 2006/2007 Budget, as shown on page _______. 

 

 8.  Memo from Sandy McCann, County Commission Records, to Denes Balo, Director of Clerk’s Finance, acknowledging receipt of the Clerk of Circuit Court’s Budget for Fiscal Year 2006/2007. 

 

 9.  C.O. (Final Reduction) for W.O. #30, as shown on page _______, to CC-1212-03 – contractor for Lillie Hagin-McGill. 

 

10.  C.O. (Final Reduction) for W.O. #31, as shown on page _______, to CC-1212-03 – contractor for Lula Robinson. 

11.  C.O. (Final Reduction) for W.O. #32, as shown on page _______, to CC-1212-03 – contractor for Hilton Burke. 

 

12.  C.O. (Final Reduction) for W.O. #33, as shown on page _______, to CC-1212-03 – contractor for Gladys Williams. 

 

13.  C.O. (Final Reduction) for W.O. #34, as shown on page _______, to CC-1212-03 – contractor for Seneta Williams. 

 

14.  C.O. #2, as shown on page _______, to CC-1244-04, John Carlo, Inc. 

 

15.  W.O. #40, as shown on page _______, to CC-1262-05, APEC, Inc. 

 

16.  C.O. #1, as shown on page _______, to M-0859-96, R.B. Marks Construction. 

 

17.  C.O. #2, as shown on page _______, to CC-1262-05, APEC, Inc. 

 

18.  W.O. #3, as shown on page _______, to PS-0381-06, Vision IV Architecture. 

 

19.  W.O. #36, as shown on page _______, to CC-1262-05, Central Florida Environmental. 

 

20.  W.O. #9, as shown on page _______, to CC-1267-05, KMG Fence, LLC. 

 

21.  Contractor Demographic Change Forms, as shown on page _______, for Alice Reen and Lauren Dommenech. 

 

22.  W.O. #27, as shown on page _______, to RFP-4214-04, Site Secure, Inc. 

 

23.  W.O. #2, as shown on page _______, to PS-5179-05, Jones Edmunds & Associates, Inc. 

 

24.  W.O. #41, as shown on page _______, to CC-1262-05, APEC, Inc. 

 

25.  C.O. #2, as shown on page _______, to CC-1242-04, Turnbull Environmental, Inc. 

 

26.  Certificate of Final Completion, as shown on page _______, for CC-1262-05 W.O. #32, Central Florida Environmental. 

 

27.  W.O. #4, as shown on page _______, to PS-0381-06, Bentley Architects. 

 

28.  W.O. #51, as shown on page _______, to PS-5129-02, Southeastern Surveying & Mapping. 

 

29.  Fifth Amendment, as shown on page _______, to Agreement for IFB-3049-02 for Fausnight Stripe & Line, Inc. 

 

30.  IFB-600009 Term Contract, as shown on page _______, for Elevator Maintenance Services with General Elevator Sales & Service, Inc. 

 

31.  W.O. #31, as shown on page _______, to PS-5150-03, E Sciences, Inc. 

 

32.  RFP-600006 Rough-Cut Mowing & Grounds Services Agreement, as shown on page _______, with Ott Landscape Maintenance. 

 

33.  RFP-600006 Rough-Cut Mowing & Grounds Maintenance Services Agreement, as shown on page _______, with Cato Environmental Services. 

 

34.  First Amendment, as shown on page _______, to RFP-4127-01, DRC Emergency Services, Inc. 

 

35.  10th Amendment, as shown on page _______, to HVAC Maintenance & Repair Agreement (Bid #260-01). 

 

36.  Certificates of Final Completion, as shown on page _______, for SHIP Home Repairs Projects for the following: Seneta Williams; Gladys Williams; Hilton Burke; Lula Robinson; and Lillie Hagin-McGill. 

 

37.  Certificate of Final Completion, as shown on page _______, for CC-1262-05, Schuller Contractors, Inc. 

 

38.  Memorandum to Seminole County Directors & Managers from Don Fisher RE:  Pay reporting procedures for exempt employees. 

 

39.  Letter to BCC from Cynthia Porter Deputy City Clerk-City of Sanford, RE:  Notice of public hearing for annexations. 

 

40.  Notice of Commission Hearing and Prehearing Conference for petition for issuance of a storm recovery financing order for Florida Power & Light. 

 

41.  Notice of City of Lake Mary public hearing for rezoning on April 11, 2006. 

 

42.  Copy of letter to John Drago, Longwood City Manager, from Chairman RE:  redevelopment of park facilities in Seminole County. 

 

43.  Notice and agenda of Seminole County Port Authority meeting on April 19, 2006. 

 

44.  Bids for:  RFP-1090-06; PS-1025-06; RFP-600060-06; PS-0676-06; DB-0577-06; PS-0977-06; RFP-600062-06; RFP-1091-06; RFP-600063-06; and CC-1095-06. 

 

Sheriff’s Office

39.  Adoption of Budget Amendment Resolution #2006-R-193, as shown on page _______, in accordance with the provision of Section 30.49(7), Florida Statutes, to transfer $160,000 in Reserve for Contingency funds allocated in the Sheriff’s FY 2005/06 adopted budget to the Sheriff’s Office Operating account. 

40.  Approve contribution of $1,000 from the Law Enforcement Trust Fund to the 2006 National Organization for Victim Assistance Conference being held August 20-25 at the Rosen Centre Hotel in Orlando. 

 

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

 

Regular Agenda

     April Boswell, Assistant Planning Manager, addressed the Board to present request for reduction of Code Enforcement lien for property located at 2024 McCarthy Avenue, Sanford, Wilbert H. McCullough, owner, Case #00-12-CEB.  Ms. Boswell stated staff is recommending the Board waive the lien which totals $112,300, due to the records showing the notice of the hearing and the conclusion of the hearing regarding the violation were actually sent to the incorrect address.  Mr. McCullough was not aware of the violation since he did not reside at the site of the property.  She explained that this year when Mr. McCullough sought to refinance his property, he learned the lien was on his property.

     District Commissioner Carey stated, under the circumstances that the owner was never notified because of the County’s error on the address, she recommends waiving the lien.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to waive the Code Enforcement Board lien which totals $112,300 on property located at 2024 McCarthy Avenue, Sanford, Wilbert H. McCullough, owner, Case #00-12-CEB; and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.

     Under discussion, Commissioner Carey advised Commissioner Morris that she would not consider an administrative cost because it was the County’s error that caused the owner never to be notified.

     Chairman Henley said this is not the first time this has occurred and he thought the Board had discussed notifying the owner as well as the people at the residence.  He asked if this is being done.

     Ms. Boswell said staff is putting something like that in motion, but this problem occurred in Year 2000.  Staff is working towards better efforts now.

     Commissioner Carey explained further the details and how the owner never had any idea there was a lien on the property.

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

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     Tina Williamson, Principal Coordinator, addressed the Board to present request for approval of Final Master Plan and Developer’s Commitment Agreement for the Brook’s Landing PUD, consisting of 9.44+/- acres located on the southeast corner of Red Bug Lake Road and Brooks Lane, Hugh Harling/Harling Locklin & Associates.  The maximum residential density is 10.0 dwelling units per net buildable acre.  Ms. Williamson stated staff is recommending approval of the Final Master Plan and Developer’s Commitment Agreement. 

     Hugh Harling, applicant, addressed the Board to state regarding the landscape and buffer criteria, they are agreeing with the minimum width and masonry wall on the north and east; but to the south and west, there are extensive wetlands that are being put in a conservation easement and they will not be putting in a masonry wall.  He said they will be maintaining the existing wetland buffer on the south and west.  Further, he said there is a median on Red Bug Road at this location that was originally set up for an entrance to this property and staff is requesting they remove that median.  He said as a local driver in Seminole County, he sees a lot of U-turns being made at signalized intersections.  He thinks there needs to be more points where people can make a U-turn without clogging the intersection.  This would be an appropriate point for that. 

     Commissioner Dallari asked staff to comment about the median.

     Jerry McCollum, County Engineer, addressed the Board to state on any type of principal or minor arterial, staff tries to limit the number of median openings.

     Commissioner Morris stated the more median openings there are, the more restricted traffic flow there is; and it has been the long-term policy of the Board to try to avoid median openings whenever possible.

     District Commissioner Dallari said he would agree with Mr. Harling about not requiring the wall along the wetlands since they are so extensive in those areas. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the Final Master Plan and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, for the Brook’s Landing PUD, consisting of 9.44+/- acres located on the southeast corner of Red Bug Lake Road and Brooks Lane, Hugh Harling/Harling Locklin & Associates, based on staff findings; and not requiring the wall along the wetlands as discussed by the applicant.   

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

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     Ms. Williamson presented request for approval of the Final Master Plan and Developer’s Commitment Agreement for the Casa Verde Townhomes PUD consisting of 2.82+/- acres located on the south side of County Road 46A, between Lake Boulevard and Casa Verde Boulevard, Oren Gabbai/Pinecrest Development.  The maximum residential density is 10.0 dwelling units per net buildable acre.  She clarified in the Developer’s Commitment Agreement under Section 9, that Item “i” can be deleted because the landscape and buffer criteria are previously addressed in Section 8 of the agreement.  She said staff recommends approval of the Final Master Plan and Developer’s Commitment Agreement with deletion of Item “i” under Section 9 of the development commitments.

     David Stokes, Madden Engineering, representing the applicant, addressed the Board to state he is in agreement with the staff recommendations.

     Motion by Commissioner Carey, seconded by Commissioner Morris, to approve the Final Master Plan and authorize the Chairman to execute the amended Developer’s Commitment Agreement, as shown on page _______, for the Casa Verde Townhomes PUD consisting of 2.82+/- acres located on the south side of County Road 46A, between Lake Boulevard and Casa Verde Boulevard, Oren Gabbai/Pinecrest Development, based on staff findings and correction to delete Item “i” of the Developer’s Commitment Agreement.

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

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     Michael Rumer, Senior Planner, addressed the Board to present request for approval of the Final Master Plan and Developer’s Commitment Agreement for the Orange Boulevard Property PUD, consisting of 22.93+/- acres located on the south side of Orange Boulevard, 800 feet west of I-4, KBC Development, Inc.  Mr. Rumer stated staff is recommending approval of the Final Master Plan and Developer’s Commitment Agreement.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the Final Master Plan and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, for the Orange Boulevard Property PUD, consisting of 22.93+/- acres located on the south side of Orange Boulevard, 800 feet west of I-4, KBC Development, Inc., based on staff findings.

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

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     Mr. Rumer presented the request for approval of the Final Site Plan and Developer’s Commitment Agreement for the Vantage Point PCD, consisting of 9.38+/- acres located on the west side of Monroe Road, approximately one-half mile north of State Road 46, Jerry Cutrona.  He advised of one change in the Developer’s Commitment Agreement to remove Items b, c and d under Development Commitments and restate a new Item b to read, “A left turn lane on Monroe Road is required to be constructed by Vantage Point Properties, LLC, unless Monroe Road improvements have been commenced by Seminole County.  Then no improvements to Monroe Road would be required by Vantage Point.”

     Commissioner Morris requested that staff provide aerials to the Board for these agenda items because it is helpful to see the surrounding property. 

     Motion by Commissioner Carey, seconded by Commissioner Morris, to approve the Final Site Plan and authorize the Chairman to execute the amended Developer’s Commitment Agreement (deleting current Items b, c, and d under Development Commitments and inserting a new Item b), as shown on page _______, for the Vantage Point PCD, consisting of 9.38+/- acres located on the west side of Monroe Road, approximately one-half mile north of State Road 46, Jerry Cutrona, based on staff findings.

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

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     Benjamin Dunn, Senior Planner, addressed the Board to present the request for approval of the Final Site Plan and Addendum #4 to Developer’s Commitment Agreement for the Pollo Tropical Restaurant at the Oviedo Crossroads PCD, located on the southwest corner of the intersection of Red Bug Lake Road and SR 426, Jill Minton, CPH Engineers, Inc.  He said staff is recommending approval of the Final Site Plan and Addendum #4 to the Developer’s Commitment Agreement.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve the Final Site Plan and authorize the Chairman to execute Addendum #4, as shown on page _______, to Developer’s Commitment Agreement for the Pollo Tropical Restaurant at the Oviedo Crossroads PCD, located on the southwest corner of the intersection of Red Bug Lake Road and SR 426, Jill Minton, CPH Engineers, Inc. 

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

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     Mr. Dunn presented the request for approval of the Final Master Plan and Developer’s Commitment Agreement for Tracts 3 and 5 of the Forest Lake PUD, consisting of 140.1+/- acres located on the northwest corner of SR 436 and West Lake Brantley Road, John Percy/Glatting, Jackson, Kercher, Anglin, Lopez and Reinhart & Associates, Inc.  Tract 3 will consist of institutional uses including the Academy, church and necessary support uses.  Tract 5 will continue to consist of open space, wetlands and stormwater.

     Commissioner Carey asked who will be required to put in the traffic signal light at the entrance on 436.

     Mr. McCollum advised there is a signal proposed and he understands that the developer would pay for that.

     John Percy, Glatting, Jackson, addressed the Board to advise the signal being discussed is under the other PCD.

     District Commissioner Van Der Weide stated he is very appreciative of the quality of all the developments by the developer represented by Mr. Percy.  However, he pointed out that they got his attention when they cleared Tract 1, with every tree being removed.  He said he realizes there wasn’t much the developer could do with the property based on the design, and they had to raze the property to put in a first-class development.  When it takes this long, unless the neighbors can see some real progress, there is a lot of explaining that has to go on by the staff and District Commissioner.  He said he is very proud of the developments by the Seventh Day Adventists and he is sure this is going to turn out the same way.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the Final Master Plan and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, for Tracts 3 and 5 of the Forest Lake PUD, consisting of 140.1+/- acres located on the northwest corner of SR 436 and West Lake Brantley Road, John Percy/Glatting, Jackson, Kercher, Anglin, Lopez and Reinhart & Associates, Inc., based on the staff findings.

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

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     Kelly Metcalf, Community Assistance, presented the request for approval of appointment of Marie Carling to the Community Service Block Grant Advisory Board for a term beginning August 22, 2006 through August 22, 2011. 
     Chairman Henley said he asked Mr. McMillan if he knew whether this Board was required to complete a financial disclosure as one of the applicants indicated she would not be willing to serve if a financial disclosure is required.

     Dave Medley, Acting Community Services Director, addressed the Board to answer he is not aware of that, but he will find out and provide that information to the Chairman.

     Robert McMillan, County Attorney, addressed the Board to state he was not sure if there is a requirement at all, but Administrative Aide Gretchen Venn did a report on that and she should know.  He said if the Board wishes to hold the Item, he can obtain the information from Ms. Venn.

     Motion by Commissioner Morris, seconded by Commissioner Dallari, to approve appointment of Marie Carling to the Community Service Block Grant Advisory Board for the term August 22, 2006 through August 22, 2011.

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

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     Kevin Fall, Economic Development, addressed the Board to request Board authorization to re-appoint him and Paul Daigle, Bytes, Bits and Megabytes, to serve as County appointees to the Casselberry Community Redevelopment Agency.  He said he would bring back the Item for a third appointment, once staff has solicited additional candidates to serve.

     Chairman Henley said he believes all the Board received the letter (not received and filed) from Mayor Goff, Casselberry, advising their by-laws are stricter than the State law.  He asked Mr. McMillan to comment on that for the record.

     Mr. McMillan stated the CRA does not have the authority to further restrict the statutory qualifications for any appointments, but they are bound by the statutes so no action put in their by-laws can affect the appointments the Board makes to the CRA.  

     Mr. Fall advised the Casselberry CRA met yesterday and moved to amend the by-laws to reflect the wording that is in the statutes.  Therefore, this has already been cleared up.

     Commissioner Carey said based on the action taken yesterday by the CRA, she received an e-mail last night from the Mayor that said their by-laws were set by City ordinance and the BCC could not amend the by-laws.  She said she thinks there are a whole lot of questions going on, and she is not necessarily comfortable with the County’s staff person being on the Board, but it should be a representative of the people that own property in the area, have a business in the area or live in the CRA district.  She thinks if they go out and do some recruiting, they will be able to find two representatives who meet that criteria. 

     Chairman Henley stated he is personally comfortable with having someone on the Board who the BCC can communicate with regularly.  He said he doesn’t know of any citizen who sits on the Casselberry CRA Board who has reported to the BCC.

     Commissioner Dallari stated he did not have an issue with Mr. Fall being on the CRA Board.  He thinks the continuity, consistency, as well as the coordination, and the fact that Mr. Fall will be able to report to the BCC on a bi-monthly progress basis is a vital asset to the CRA.

     Commissioner Carey said as a staff person to the CRA, she thinks that is Mr. Fall’s job to report to the BCC whether he sits on the CRA Board or not.  She said Mr. Fall has done a great job, but he doesn’t have anything at stake because he isn’t a landowner or doesn’t live in the district.  She thinks if they have the opportunity to appoint a land owner, a business owner, or someone in the corridor, they should; and the BCC would continue to hear from Mr. Fall, and he would continue to coordinate because that is his job.

     Commissioner Van Der Weide stated the issue is not whether Mr. Fall could report back to the BCC, but is whether he represents the good intentions of the Board and has voting rights.  He is hoping the County Attorney has evaluated all of these issues.  He said he would have no problem supporting the majority of the Board, but as Commissioner Carey said, the same job (reporting back to the BCC on what has taken place) that Mr. Fall is performing now as a voting member could be performed as a staff member.

     Commissioner Morris stated he appreciates Mr. Fall’s work on this committee and his knowledge of CRA’s has been invaluable to that committee.  The committee has stumbled very, very badly and they are now trying to correct that.  He thinks they have stumbled because of bad advice internally from the City staff.  He thinks the other issue they have to think about is that the BCC had a very hard time filling the positions in the first place.  It would be nice to keep some institutional memory on the CRA Board and if they find someone more qualified, then appoint that person.  Discussion continued.

     Commissioner Carey said she doesn’t have a problem supporting Mr. Fall being reappointed with the idea they would try to find some business owners in the corridor or folks who reside in the corridor.  She would like the opportunity to review the applications submitted and talk to the individuals.  She said the guidelines are pretty restrictive as to who they can appoint.  She thinks, based on what the criteria is, they could move forward in trying to recruit someone and she would be happy to work with staff to try to come up with some names. 

     Commissioner Morris said both of the names submitted by Casselberry are particularly qualified and he has not had the opportunity to talk to those applicants either.  They could at least today move to reappoint two persons.

     Motion by Commissioner Morris, seconded by Commissioner Dallari, to reappoint Paul Daigle, Bytes, Bits and Megabytes, and Kevin Fall, Economic Development, for three-year terms to the Casselberry CRA.

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

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     Meloney Lung, Administrative Services, and Kevin Fall, Economic Development, addressed the Board to request authorization to release a Request for Proposal for Finance and Development Advisory Services associated with the development of the Five Points Government Services Center based on the scope of services. 

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve release of a Request for Proposal for Finance and Development Advisory Services associated with the development of a Government Services Center at Five Points, based on the scope of services.

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

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     Chairman Henley advised that add-on Item #50A is regarding a Natural Lands and Trails Referendum, and the recommendation would allow the voters to determine if they would authorize a levy of .20 mills for a period of 10 years to be used towards the acquisition, construction, and maintenance of natural lands, trails and pedestrian bridges.  He said he would personally like the Board to consider language that would broaden that a little to give the Board options to be able to include recharge lands as part of this program, in order to protect the recharge areas, because a lot of those are being gobbled up in undesirable development areas, but they are also crucial to recharging the aquifer.

     Commissioner Dallari stated he would have no objections to that amendment.  Commissioner Morris said that is an excellent amendment.

     County Manager Cindy Coto stated she knows some other counties that use this type funding to acquire natural lands do focus on some of the recharge areas because they see that as being a very important component of their overall maintenance of the environment of their community.  She thinks that is appropriate. 

     DCM Don Fisher stated he thinks that under the current definition of natural lands, that probably applies, but staff will verify that if they get authorization to move forward.

     Commissioner Carey asked if the economic impact would be part of the language that would go on the ballot.

     Mr. Fisher said the specifics of the language would need to be determined.  He said ordinarily, they would not include the yearly impact of the millage assessment, but that would be done through the public information efforts.

     Commissioner Carey asked if a public information campaign would be done to let the residents know what the impact would be.  She said she thinks they have to tell people what the changes and tax referendums would do to impact them, and she thinks that is an important component.

     Mr. Fisher explained staff has proposed efforts similar to other public information efforts the staff has done.  It is proposed it would cost $75,000 to cover all the aspects.

     Commissioner Carey asked if staff could reach out to some of the not-for-profit organizations that are good community supporters to help so the County won’t have to bear the burden of the cost.  Discussion ensued.

     Commissioner Van Der Weide stated the County can use County funds to educate the voters.  PBAS and other organizations in the community were advocates for the one cent sales tax and they solicited funds to sit on a political campaign in support of the tax.  He said he thinks Commissioner Carey has the right idea to solicit the support of the outside agencies to see what they can do to help.

     Mr. Fisher explained the proposed referendum and programs for direction so staff can bring forward the resolution at the next meeting for adoption.

     Commissioner Morris said the language should not be up to 0.20 mills but should say a levy of 0.20 mills. 

     Commissioner Van Der Weide stated he is hesitant going to the voters too many times, but he feels it is very important that this issue passes so they can cover some of the future expenses.

     Mr. Fisher advised the designated millage could be used for acquisition, construction, operation, and maintenance of the natural lands program, trails program, and pedestrian bridges, and that would include resurfacing of some trails as needed and bridge inspections; and with the qualifier of leveraging funds that has historically been done. 

     Commissioner Morris stated he is concerned about the general maintenance of trails coming out of this.  He doesn’t know if that is going to be as accepted by some of the voters.  He also said he thinks there should be a minimum percentage dedicated to natural lands purchases. 

     Commissioner Carey said she agrees that the general maintenance is an obligation the County has.

     Upon inquiry by Commissioner Dallari, Mr. Fisher said the rule-of-thumb used for maintenance is approximately 15%.  The intention is not to use a 50-50 split because if 55% of a need came toward the natural lands side, staff is attempting not to box the Board in on any trail projects or natural lands acquisitions.

     Commissioner Morris said a minimum 50% should go to natural lands, because that’s what sells this and that’s what people believe in.  He doesn’t call it boxing the Board in, but calls it disciplining the Board and it tells the voters exactly what is going to be done.  He strongly recommended the Board consider at least 50% to natural lands. 

     Commissioner Carey explained the one factor that would cost more potentially would be the natural lands side.

     Chairman Henley summarized the direction is to authorize staff to prepare the necessary resolution for a referendum; authorize up to $100,000 for the education program; with 50% minimum to natural lands and recharge areas.

     Motion by Commissioner Morris, seconded by Commissioner Carey, to authorize staff to bring back a resolution at the next Board meeting (September 12, 2006) under the guidelines enumerated by Mr. Fisher and discussion of the Board today.

     Under discussion, Mr. Fisher thanked all the staff for their help with this agenda Item. 

     Commissioner Morris said the Board may want to convene immediately all the interest groups that could potentially help.

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

     Numerous e-mails were submitted to the Record by Commissioner Dallari from citizens in support of a referendum for natural lands.

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     Chairman Henley recessed the meeting at 10:45 a.m. and reconvened it at 10:58 a.m.

County Manager’s Briefing

     Ms. Coto advised staff checked and the Community Services Block Grant Advisory Board does not require financial disclosure.

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     Ms. Coto thanked Mr. McMillan for discovering, when doing CRA research as it relates to appointments, that the Legislature this year made a change in CRA’s as related to charter counties that went into effect July 1, 2006.  The change now puts a time line on counties to respond to requests from cities creating CRA’s.  If the county fails to meet the time requirements, the CRA automatically goes into effect.  She explained what the language stipulates, advising that once the County receives a request, it has 30 days to evaluate the request and to request additional information if the County feels what has been provided is insufficient.  Once the additional documentation is received, the County has 30 days from receipt of the additional information to notify the municipality if it is complete.  The entire process has 120 days limitation. 

     Upon inquiry by Chairman Henley about where the County is in the time line, Ms. Coto stated she would use the August 8, 2006, joint meeting as the date of initial request.  She said she was going to speak to the City Manager in reference to the blight study to express some concerns of the staff.  She said staff will get that out prior to the 30-day time line.

     Chairman Henley stated it concerns him that there is one-fifth of the city proposed in the CRA, but there is a significant number of blighted areas that were not included. 

     Upon inquiry by Commissioner Dallari, Mr. McMillan read that the language says the County has 120 days after receipt of all required documentation.  Ms. Coto advised from her perspective, the County has not received all the documentation, but the County has to put the City on notice that the County is expecting additional documentation.

     Mr. McMillan said the County can contact the City and ask what they see as their official request date.  Discussion continued.

     Mr. McMillan also stated the deadline could be extended by mutual agreement of the parties.  He advised Chairman Henley that when the County delegates the authority to a city, the Board can put whatever conditions they want and if the city’s consultant says they can’t create a CRA under those conditions, then they won’t create one.

     Upon inquiry by Commissioner Morris, Mr. McMillan advised he doesn’t know if the County ever did an initial delegation to a city where the County used any County funds. 

     Mr. McMillan said the County needs to either get an agreement to extend the deadline or they need to make sure, within the next two weeks, to provide the City with the County’s comments on the blight study and anything else the County might need to evaluate their request. 

     Commissioner Dallari asked Ms. Coto to put the issues of the blight study in writing.

     Chairman Henley said Ms. Coto can put in one letter the concerns about the blight study and request for extension of time.

     Ms. Coto said she can meet with individual Commissioners if they have other issues of concerns than what staff has raised.

     Mr. McMillan stated there is nothing in the change that provides any standard whereby the County is required to grant a delegation.

County Attorney’s Briefing

     Mr. McMillan said he had distributed to the Board draft Charter amendments (copies received and filed) as the Board requested.  One substantive issue he wants the Board to address is in the Charter proposal that deals with the Board appointing the Clerk to the Board--the auditor, custodian of funds and recorder.  He said there is a timing question about when that should go into effect.  He thinks, generally, the recommendation would be to go into effect January 1, which is the default date when Charter amendments go into effect and allow a three-month period for any administrative things that need to be done relative to employees and function transfers.  He drafted the amendment to go into effect a different date because the other Charter amendment on the ballot, County Auditor, brought by the Charter Review Commission, provides, if it passes, that the position of County Auditor shall be established effective October 1, 2007.  He explained his thought was to have both amendments effective October 1, 2007, so there would be no gap.  If both of them passed, one of them would be effective January 1, 2007, and the Clerk would cease to perform those functions on January 1 while all the other functions, other than the audit functions, would transfer to the County Manager or BCC.  The audit function would then have a gap in it between when the Clerk stopped being the County Auditor on January 1 and when the County Auditor, proposed by the Charter Review Commission, went into effect on October 1, 2007.  The BCC would have someone to serve in the interim.  He said it would seem cleaner to have both amendments go into effect at the same time.  The County Manager would like to see the BCC’s proposed amendment go into effect on January 1, 2007, and let the Board deal with the gap as they choose at the appropriate time. 

     Commissioner Morris said what he was proposing was not to have split duties and he had not considered the issue of October 1.  It would seem to him that they want to do what is least confusing to the voters.  He said he concurs with Ms. Coto that it would be nice to do this sooner than later, but it’s the issue of confusing the voters.  Discussion ensued.

     Upon inquiry by Commissioner Morris, Mr. McMillan said staff would have to run a couple ads about the referendum in the newspaper.  Whether the Board will do an informational mail-out is up to the Board.

     Mr. McMillan discussed the ballot language summary with the Board.  He said he thinks it is important in the ballot summary to make it clear that this is a duty they are taking away from the Clerk. 

     Commissioner Carey said the language for Question #8, assignment of the duties and responsibilities of clerk to the Board, auditor, recorder and custodian of funds, is totally confusing. 

     Mr. McMillan explained to Commissioner Morris that in the language, he was trying to make it not look like there was a transfer of duties.  He said the Constitution says the Clerk is assigned those duties only if the Charter does not provide otherwise; it is default provision--something the Clerk is given in absence of something else.  He was trying to make a more positive statement that the Board was not taking something away from the Clerk, but the Charter was being revised to require the Board to do those things. 

     Mr. McMillan said he understands the Charter amendments don’t always read clear to the citizens who don’t know the background, but they have to be clear to the judge or the court to be defensible as not being misleading on a legal basis.  He said they can clarify the intent through information to the citizens. 

     Commissioner Carey said she thinks if the voters are confused, they are not going to support it because they won’t understand what the Board is asking them to do.  Discussion continued.

     Mr. McMillan said he would try to reverse the language and bring this back this afternoon to the Board.  He said there are some other minor changes, suggested by Commissioner Carey, to be made to the other ballot language and he will do those.

     Commissioner Carey said for Ballot 7, going from six to ten years for the Charter Review Commission, one of the issues discussed is that there are also costs associated with that.  She asked if staff knew what those costs were.  Mr. McMillan said an economic impact statement would need to be prepared by staff to accompany adoption of the ordinances at the next Board meeting. 

     Commissioner Van Der Weide said if they don’t make the amendments in the language where the citizens understand, they won’t pass.  He said a lot of people have asked him why the Board would want to take the Clerk’s duties away from an elected official that they have an opportunity to elect and put the duties into the hand of a County Commission where three votes will beat a good idea any day.  He said he would not be supporting that issue.  He said he doesn’t see where they have proven or will be able to prove whether there is a problem with what the Clerk has been doing.  As far as any additional audits the Board wants performed, with a majority of votes, they can initiate an audit.

     Chairman Henley said he doesn’t think the problem has been with the audits, but the concern has been with custodian of funds.  Whereupon, Commissioner Van Der Weide said the citizens are going to be really concerned with the custodian of funds as far as checks and balances.  He said it’s “the fox guarding the hen house” type of thing, and if they use legal language the citizens don’t understand, that doesn’t help the issue.

     Commissioner Morris said it’s ironic that Commissioner Van Der Weide’s appointments to the Charter Review Commission were some of the leaders on this particular issue, and this was the only issue the Charter Commission actually agreed on.

     Commissioner Van Der Weide stated he doesn’t necessarily have to agree with the people he appointed to the Charter Committee.  He said their job, once appointed, is to not represent him as a Commissioner but to represent the citizens of this County, and he thinks that’s what they have done to the best of their ability.  He disagrees with them on the Clerk’s issue as he doesn’t see a need for it, and the Board is going to have to prove to the voters that there is a compelling need or he can’t imagine them putting this under the County Commission. 

     Commissioner Morris said Commissioner Van Der Weide has cited before his objection to this and he thinks they were all taken aback, but he has his right and his opinion.  He said the voters are not aware, in any real fashion, that the Clerk of the Court has these responsibilities so even the title does not imply the responsibilities are there.  It’s a default provision in the Constitution.  The idea of the checkbook aspect of any business not having its own checkbook makes no sense, and for the custodian of records, he thinks what they would do is transfer those employees from the Clerk’s office to the County for those who want to come.  He thinks life would be a lot clearer and they would operate in a much more professional manner.  He asked Mr. McMillan not to have too radically confusing or differently worded questions between the audit function and the County’s proposed amendment so the citizens can see that it logically makes sense. 

     Commissioner Carey said the Charter Committee did look at how many charter counties had the Clerk doing this function and it is very limited. 

     Chairman Henley said also they recognize that none of the other governmental agencies in this County which serve the same citizens the Board serves (that is, the School Board and the municipalities) have this form of government.

     Ms. Coto advised that in Volusia County, the Sheriff, Property Appraiser, and Supervisor of Elections are elected officers, but their charter offices, their employees, personnel policies and pay policies are all under the County Manager.

     Commissioner Morris said Orange County with its strong form of government is all different with an elected Chief Administrator who proposes the budget and controls that.  There is a lot of flexibility in the various charter counties.

     Chairman Henley said this County’s form of government has been in existence since 1913 when it was first set up, and it did default to the Clerk because they didn’t have anybody else at that time.

     Commissioner Morris discussed with Mr. McMillan why he also included the word, auditor, in this amendment again even though it is in the other ballot initiative.  Mr. McMillan explained if the Charter Review Commission amendment fails, all of the responsibilities would transfer to the Board’s amendment.  If both amendments pass, then they are both consistent.  

     Commissioner Morris stated if the auditor amendment fails to transfer and it is repeated in the Board’s amendment and the voters understand, then they will kill the whole thing.  He asked Mr. McMillan why he would try to wrap the two amendments together.  Discussion ensued with Mr. McMillan. 

     Commissioner Dallari asked Mr. McMillan to try to simplify this because he is sure the public will have just as much difficulty understanding the amendments as the Board.

     Commissioner Morris asked Mr. McMillan to reorder the amendments so that they flow better.

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     Chairman Henley recessed the meeting at 11:32 a.m., reconvening at 1:30 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.

PROOFS OF PUBLICATION

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

     Districts 1, 2, 4 and 5 voted AYE.

     Commissioner Van Der Weide entered the meeting at this time.

PUBLIC HEARINGS

REZONE/CURT COGAN

     Continuation of a public hearing to consider request to Rezone 19+/- acres located on the south side of Red Bug Lake Road, east of SR 436 on the north side of Lake Howell, from A-1 (Agriculture) to R-3A (Multiple-Family Dwelling), as described in the proof of publication, Curt Cogan.

     Tina Williamson, Planning, addressed the Board to state the applicant is proposing to develop a feasible townhouse project at a maximum net density of 10 dwelling units per net buildable acre, not to exceed 120 units.  The future land use designation of the subject property is Medium Density Residential (MDR).  The proposed development complies with the setback buffering and open space of the R-3A zoning district.  She advised that the Board received a revised development order.  The original development had conditions associated with a boat ramp and the applicant is not seeking approval for that, therefore, those conditions have been removed.  The County Attorney’s office has provided alternative language pertaining to the potential joint use of the County’s stormwater pond to the east.  The condition has been revised to read:  “Should the applicant wish to pursue joint use of the County’s stormwater pond to the east, a determination of a public purpose and benefit must be made and approved by the County.”  She referred to the Project Specific Condition I of the development order and advised that it should read “the following minimum buffer standards shall apply.  The applicant shall provide a 15 ft. landscape buffer along the western property line and a 10 ft. landscape buffer along the eastern and southern property lines.  The applicant shall provide a 5 ft. landscape buffer along the northern property line adjacent to the Red Bug Lake Road.  A six-foot high split-face block wall will be provided along the southern property line when adjacent to single-family residential.  The northern property line buffer will contain a 6 ft. high brick wall.”  She stated staff recommends approval of the request subject to the development plan and development order with the revised Projects Specific Condition I based on staff findings.  The Planning & Zoning Commission recommended denial of the request.

     Upon inquiry by Chairman Henley, Ms. Williamson advised the changes to the development order were not available at the time of the Planning & Zoning (P&Z) Commission hearing.

     Attorney Douglas Gartenlaub, Graham, Builder, Jones, Pratt, & Marks, addressed the Board to state this is consistent with the Land Use Plan and they have worked with staff to make sure that all the conditions are in compliance.  He stated Cogan Development has requested a density that is lower than what they could have requested.  

     Christopher Cogan, President of Cogan Development, addressed the Board to state Cogan Development has been in the Orlando area for about 25 years and they are an infill developer.  He stated they do not go out and seek raw land to develop, but look for overlooked or under-utilized property for redevelopment.  They came up with an initial site plan about a year ago and subsequent to that they have had numerous meetings with staff and the surrounding community, various community organizations, and individual neighbors.  They have revised the plan based on input received from neighbors and neighborhood groups.  The initial site plan was for 135 units on the property that was still within the 10 units per acre.  The initial plan at 135 plus units was still under the 10 units per acre allowed under R-3A zoning.  That number has been reduced a couple of times to accommodate more open and green space and larger buffers.  They initially started with about 14 acres of net developable land, but by increasing the buffers to accommodate the concerns of staff and the community, that number has now come down to 12½.  He stated he feels they have done everything they can to accommodate the needs and concerns of the community.  They have demonstrated their willingness to incorporate reasonable and meaningful input into their plan.  The community preferred not having a clubhouse or public space on the lake front and he has agreed to that.  He said he also has agreed to relocate a lift station off the lakefront and to increase the buffer on the western side of the property and the number of trees per lineal feet on that buffer.  He added he has agreed to install a decorative wall and electronic gates bordering properties of existing family residences.  The County owns a parcel to the east of the property and in the future it will be designated as a retention pond.  A multi-family property is located next to that and it has a density of 13 units per acre.  A boat ramp into the lake will be taken off of their plan.  A community church is located to the west.  He said he feels his plan is consistent and complimentary.  He added the Mayflower of Winter Park is the developer of the property and they have a 30-year impeccable reputation. 

     Upon inquiry by Commissioner Dallari, Mr. Cogan advised they are under a binding, nonrefundable contract with the Mayflower and they have spent several years looking for an ideal property to expand.  The Mayflower attorneys have made it clear that putting a restriction onto the property would create a deed restriction or a cloud on the title.  Everybody wants to make sure that the Mayflower is here as a neighbor, but putting a restriction on it would create an avenue for them to kill the deal.  He said he has a copy of a letter from the CEO of the Mayflower outlining their intent to build these townhomes for age groups 62 years old or older.

     Commissioner Morris stated he has had personal experiences with the Mayflower and the equity ownership they offer and the continued care they offer is really remarkable.  The Mayflower takes care of their residents and they have equity ownership for life. 

     Upon inquiry by Commissioner Van Der Weide, Mr. Cogan advised they have a dock and staff will operate the boats by taking the residents for rides on the lake.

     Rev. Bruce Scott, 1706 E. 2nd St., addressed the Board to speak in favor of the request.  He stated his church had a chance to take a look at the development and they feel very positive in the plan and they want to support it very much.  He said the Westminster Presbyterian Church owns about six acres next door to the project and they feel this is a first-class retirement home.

     Edward Finch, 361 Kantor Blvd., addressed the Board to state he lives in Sausalito Shores and when he first heard about the project he was not thrilled about it due to the impact on the lake, schools and roads.  He said he met with Chris and Curt Cogan and they informed him that the project will be the Mayflower.  The entrance of property will come out at the traffic light on Red Bug Road.  He stated he thought it was going to be a 55 plus community, but since they removed the boat ramp from their plans, he feels it is a good fit for the neighborhood and community and it should be approved.

     Joseph Lewis, 233 Shady Hollow, addressed the Board to state he is speaking on behalf of his wife as she was unable to attend.  He stated they attend Westminster Presbyterian Church and they are in favor of the development for reasons the Board has already heard.  Since this project will have age restrictions it will not impact the schools, and it will be a plus for the county.  The development will not be generating rush hour traffic and it seems like it is a win-win for everyone.

     Jerome Vick, 801 Lake Charm Dr., addressed the Board to state he is a member of the Westminster Presbyterian Church and he has been there for 10 years.  Several developers have tried to buy the church property over the past 10 years and they always proposed high density multi-story apartments or condos and they have turned them down.  He said he was surprised to see this proposal and the architectural renderings are very pleasing to the eye.  He added he feels that this would be a good neighbor for the church.

     Dr. Bruce Kruglick, 3645 Oakdale Circle, addressed the Board to state he is an emergency room physician and he owns lakefront property on Lake Howell Road.  He stated a small minority of people is against this project and he believes they have not taken the time to understand what is being proposed.  He said he has reviewed the plan and he feels it is quite consistent with the future land use and well within Seminole County’s zoning guidelines.  The developer is going to be the Mayflower is a huge bonus and he feels their reputation is impeccable. 

     Gary Knight, 138 Weathersfield Ave., addressed the Board to state he is the founder and CEO of Mid-Florida Medical and they have worked with the Mayflower for over 15 years.  He stated his company has grown from one location to five locations in Central Florida.  He said when he retires; he wants to be a member of the Mayflower as it is a first-class facility.

     Chairman Henley stated he has one letter (received and filed) from Richard Biondi indicating that he is in favor of the project. 

     Jenny Musser, 2780 Lake Howell Lane, addressed the Board to state she doesn’t believe the Board should approve this rezoning request as the future land use allows four to ten units per acre.  She stated she doesn’t feel that every infill project needs to be at the highest maximum possible density.  She said she understands that people want to get as much money as they can for their property regardless how it affects their neighbors.  There is plenty of multi-family housing that has access to Lake Howell.  There are multiple multi-family dwellings within the surrounding area and they do not need more multi-family in this area.  Lake Howell is a beautiful private lake and the residents paid a big price for their property and they pay big property taxes every year.  She stated there would be a disservice to the people who live right next door to the project that are zoned A-1.  Four units per acre with 12 buildable acres would be 48 units.   The residents understand that the future land use plan allows the developer to expect to be approved to build between four and 10 units per acre.  However, going from the current multiple acres per home to 10 units per acre is ridiculous.  The only reasonable transition is four units per acre.  She requested the Board to allow four units per acre, which is what is in the Future Land Use.  She asked that if the Board allows this rezoning, that they make it contingent upon the request of the Friends of Lake Howell.

     Egerton van den Berg, 1245 Howell Point, addressed the Board to state the density of his property that is across the lake to the south is one unit to 2½ acres.  He stated when he looked at this project, he wondered why anyone would approve 10 units to the acre.  The Friends of Lake Howell could enter into a binding agreement with the applicant if the Board agreed to limiting the project to age restriction of 55 or older.  If not, then the development should not be granted.  He stated he doesn’t want his next door neighbor to sprout a family with four screaming kids.  He said he doesn’t think he would be bothered if the unit he might occupy is age restricted.  By not placing an age restriction on it may be a negative.  The lake is in a very delicate condition and the people living here are the ones who pay to try to maintain the water quality of that lake.  He asked the Board to agree with the P&Z’s recommendations and vote no on this application.

     Attorney Robert Simon, Winderweedle, Haines, Ward & Woodman, addressed the Board to state he represents John and Lynn Schwartzman.  He displayed and reviewed a sketch (received and filed) showing the location of his client’s property and circular driveway.  He displayed a site plan (received and filed) highlighted in yellow the portion of Mr. & Mrs. Schwartzman’s easement that reflects a gate blocking their entrance and a common use for their nonexclusive right to enter or exit his client’s home.  He also displayed a copy of the initial deed (received and filed) reserving that easement area.  He displayed an affidavit and deed (received and filed) filing that grant of right to limit the location of that easement.  He advised the Schwartzmans have filed a lawsuit against the developer relating to their easement right, seeking declaratory injunctive relief if there are any attempts to interfere, disrupt or relocate their easement.  Seminole County was named a party to the lawsuit.  The injunctive hearing was scheduled last Friday.  They have negotiated with the County Attorney some language that will be made part of the Record and they have dismissed the County as a party of the lawsuit without prejudice.  The lawsuit is still pending against the developer and the issue still remains whether the easement can be modified, disrupted, relocated or gated, and whether or not the court should permanently enter into an injunction against the developer to prevent that if the court finds that they do have easement rights that cannot be disrupted.  He requested that if the Board approves this request, additional language be added in the development order.  He displayed the proposed language (received and filed) and advised that if a masonry wall is required around the property that it be included along the boundary of the Schwartzman’s property.  This is a single-family residence and it is not compatible with the development.  He requested that the Board include in the development order:  “the developer and the Schwartzmans reach an adequate easement agreement if the developer contemplates the relocation or closure or disruption of the easement, or that the developer be successful in the current lawsuit that is pending relative to the proposed language of the development order.”  Red Bug LLC argues that they have the right to disrupt or relocate the easement and if that is the case, the Court will decide a judgment to that.  If not, then his clients’ easement rights will be established and there should be an agreement between the parties in order for that to occur.  He asked the Board to adopt this language in the development order if the rezone request is approved; if not, then they request that the rezone be denied.

     Robert McMillan, County Attorney, stated he told the Schwartzmans’ attorney that there was nothing the Board could do that could affect the rights of the clients’ easement or any rights between the client and the developer.  He said he sent them an e-mail (received and filed) confirming that and they indicated that they would dismiss the County from the case as long that was submitted into the Record.  He stated Attorney Simon wanted him to put a condition in the development order that required an agreement, and he told him that, in his opinion, they could not do that as that would be like delegating to a third party. 

     Commissioner Cary asked Mr. McMillan that under a typical easement if it is allowable that the underlying land owner might relocate that easement to another location.

     Mr. McMillan stated that would depend entirely on the terms of the easement that is provided.  Some easements clearly define the land in which the easement runs and some of them provide the ability to relocate.  He stated the deed says one thing and there were some clarifying documents and an affidavit filed says another, but the Court has to make that determination.

     Commissioner Morris asked that when the site plan comes back, they could put in the development order that a wrought-iron gate be required on the property.

     Mr. McMillan stated he has no problem with that.

     Commissioner Morris stated the homeowner’s association would have to maintain the gate.

     Joseph Lung, 1244 Lake Howell Trail, addressed the Board to state he is the Chairman for the Friends of Lake Howell and they are opposed to the rezoning on Red Bug Lake Road.  He stated if they look only at Red Bug Road that is a major thoroughfare and a medium density of 10 units per acre seems appropriate; however there is a bigger picture to consider.  The proposed rezone borders on Lake Howell and there are 1,200 townhomes, condos and apartments and they have another 400 single-family residences.  All of those are on a 400-acre lake and that equates to four residential units per acre of lake.  He stated he wants lower density for all the remaining land to be developed at the lake and they need to start here.  They need a Comprehensive Plan for the lake and there is none.  He added they see the picture differently today than they did 15 years ago, as the Land Use Plan was appropriate at that time but it is not today.

     Bob Musser, 2780 Lake Howell Lane, addressed the Board to state he has worked with the applicant for a long period of time; and it became apparent that they are not going to get any binding restriction in the development order that obligated Cogan Development, Red Bug Liability or any successive owner to actually restrict to a 55 or older community.  Many of the people have based their support on this rezone hearing because of the sales job that says it will be the Mayflower and it will be a retirement community.  He says he has a letter of intent that says they are intending to build a 55 year or older community.  He stated he would like to see some type of contract where they are obligated under financial penalty to put in an age restricted community and it be placed in the development order.  The Friends of Lake Howell has no guarantee that this development will be age restricted.  He stated he cannot support this because they cannot get a locked-in agreement.

     Mr. McMillan left the meeting at this time.

     Upon inquiry by Commissioner Carey, Mr. Musser advised the Friends of Lake Howell would be in agreement to the rezone if they can get assurance that there will be an age restriction.

     Steve Collins, 670 San Pablo Avenue, addressed the Board to state he represents the Sausalito Shores Homeowners Association and they follow along the same lines as the Friends of Lake Howell.

     Mr. McMillan reentered the meeting at this time.

     Mr. Collins stated Sausalito Shores was slated as a 55 years or older community but it is not now.  The Florida Department of Transportation (FDOT) is doing a fly-over from south SR 436 onto Red Bug Lake Road and one of their entrances and a fire station next to the shopping plaza will be closed.  It is now nearly impossible to turn left into their development.  If the Mayflower is developed, Sausalito Shores would be in agreement with the development, but there is no agreement that would make that permanent. 

     Carol Mears, 2655 Red Bug Road, addressed the Board to state she has lived in this area for 30 years and her concerns are that this rezoning will directly affect the devaluation of her property.  She stated her other concern is a permanent fence or wall be put in place contingent upon this development.  She displayed a newspaper clipping (not received and filed) of gopher tortoises in the area.  There has been no substantial mitigation plan set forth by the developer and they don’t want to see the colony of gopher tortoises existing in this area bulldozed over. 

     James Travis, 348 Georgetown Dr., addressed the Board to state he is the President of Lake Howell Arms Condo Association and without something specific in the rezoning order that it should be age restricted, the Lake Howell Arms Condo Association cannot support the request.  He said they will support it if that is included in the development order.

     Attorney Gartenlaub submitted the Mayflower sale and purchase contract (copy received and filed) for the Record.  He stated the Mayflower stand on their integrity in the community and they are not walking away from it.  He said Mr. Cogan has tried to deal with every issue that has come up.  He added he is surprised that the Friends of Lake Howell are opposing the project and their big issue was the 55 and over.  A copy of the Membership Agreement with the Friends of Lake Howell and his client, and a letter from the David McGuffin, President/CEO of the Mayflower indicating their intent to develop a 62 and over project were received and filed.  He displayed and reviewed copies of photographs (received and filed) of the Mayflower facility in Winter Park and boat docks and ramps along Lake Howell.  He stated his client has submitted a request that is consistent with the future Land Use Plan. 

     Upon inquiry by Commissioner Carey, Mr. Cogan advised he does not have the architectural renderings of the project at this time. 

     Upon further inquiry by Commissioner Carey, Mr. McMillan advised the Board cannot impose a commitment of an age restriction.  He stated there are a number of age restricted communities and they are done by deed restriction or private agreement, and they are not by government action.  There is a provision in the Federal Fair Housing laws that allow government to do certain kind of senior zoning categories.  He further advised there is a provision in the federal law that says if they meet certain standards they can do that and they are not in violation of federal statutory law with regard to age discrimination. 

     Upon inquiry by Chairman Henley, Ms. Williamson advised the net buildable acreage is 12.448 acres.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     A letter from Wenda Snow supporting the rezone was received and filed.

     E-mails to Commissioner Dallari from area residents were received and filed.

     District Commissioner Dallari stated this has nothing to do with the Mayflower or the 55 or over age restriction, but it is about rezoning and compatibility.  He stated there is only one townhouse unit along the south side of Red Bug Lake Road.  He said he believes single-family residential development would be more applicable in this area.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to deny request to Rezone 19+/- acres located on the south side of Red Bug Lake Road, east of SR 436 on the north side of Lake Howell, from A-1 (Agriculture) to R-3A (Multiple-Family Dwelling), as described in the proof of publication, Curt Cogan.

     Under discussion, Commissioner Carey stated the issue here is there is a multi-MDR land use designation on this property.  While they can go from four units to 10 units, there are things that come along with that designation.  If they don’t like the land use assigned to the property, they should go back and change it through the administrative process.  She said she is concerned with the larger lakes in the County and she feels they should go back and look at the Future Land Use before someone else comes in and ask for a rezone.  She stated she is not going to support the motion as she doesn’t think single family would be appropriate with a MDR future land use. 

     Commissioner Morris stated he will not be supporting the motion as this is a straight zoning issue.  The issue of it being the Mayflower is not relevant.  He stated it is clear to him that the development trends in this area are multi-family and high density.

     Commissioner Dallari stated he feels it is too high in the upper end of the density.

     Districts 1 and 3 voted AYE.

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

     Motion by Commissioner Morris, seconded by Commissioner Carey to adopt Ordinance #2006-55, as shown on page _______, approving rezone of 19+/- acres located on the south side of Red Bug Lake Road, east of SR 436 on the north side of Lake Howell, from A-1 (Agriculture) to R-3A (Multiple-Family Dwelling), as described in the proof of publication, Curt Cogan, based on staff findings, and subject to the Development Plan and Development Order, as shown on page ________, with staff conditions.

     Under discussion and upon inquiry by Commissioner Carey, Commissioner Morris advised what he is approving is the zoning.  The project will not exceed 120 units and they will see what the site plan shows.

     Don Fisher, Deputy County Manager, advised staff is recommending placing a cap on it.

     Commissioner Van Der Weide stated he feels they are giving the citizens false hope by suggesting that it will come back and not get the units and he does not want to mislead the public, therefore, he will not be supporting the motion.

     Commissioner Dallari asked the motion maker to put a maximum cap on the units to make sure the density is lower.

     Commissioner Morris stated his job is to interpret the recommendation of staff and listen to the testimony.  He stated multiple people were opposed to this based upon the age issue and not the density issue. 

     Districts 2, 4 and 5 voted AYE.

     Commissioners Dallari and Van Der Weide voted NAY.

SEMINOLE COUNTY TOWING AND

TRANSPORT OF VEHICLES ORDINANCE

     Proof of publication, as shown on page ________, calling for a public hearing to consider the Seminole County Towing and Transport of Vehicles Ordinance to change Section 45.123, Rates, Part 4, Business Regulations of the Class “A” storage fee and the administrative fee, received and filed.

     Meloney Lung, Administrative Services, addressed the Board to advise the changes include increasing the daily storage fee from $15.00 to $20.00 and increasing the administrative fee from $30.00 to $35.00.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance #2006-56, as shown on page ________, changing Section 45.123, Rates, Part 4, Business Regulations of the Class “A” storage fee and the administrative fee of the Seminole County Towing and Transport of Vehicles, as described in the proof of publication.

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

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     Chairman Henley recessed the meeting at 3:00 p.m., reconvening it at 3:10 p.m., with Commissioners Morris and Carey entering late.

REZONE/Patel

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone 1.08+/- acres located on the north side of Narcissus Avenue and east of Elder Road North, from A-1 (Agriculture) to PCD (Planned Commercial Development), Rambhai Patel, received and filed.

     Benjamin Dunn, Planning, addressed the Board to advise the applicant is proposing to develop a 12,000 sq. ft. two-story office building.  He stated staff recommends approval of the request subject to the Preliminary Site Plan and Development Order. 

     Commissioners Morris and Carey entered the meeting at this time.

     Mr. Dunn informed District Commissioner Carey that the property adjacent to the facility going in that they want to protect does include in the development order that there shall be no windows on the west side.

     Mr. Dunn stated Item D of the development order indicates that there shall be no windows located on the west side of the building.  The applicant has committed to orient the existing tree coverage to block the view of the windows.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Morris to adopt Ordinance #2006-57, as shown on page ________, approving the rezone of 1.08+/- acres located on the north side of Narcissus Avenue and east of Elder Road North, from A-1 (Agriculture) to PCD (Planned Commercial Development), as described in the proof of publication, Rambhai Patel, subject to the Preliminary Site Plan and Development Order, as shown on page ________, and staff findings.

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

REZONE/John Sadri

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone 6.66+/- acres located on the south side of Center Drive, east of Sunset Road, from A-1 (Agriculture) to R-1A (Single-Family Dwelling), John Sadri, received and filed.

     Mr. Dunn stated staff conducted a lot size compatibility analysis and determined that the analysis does support the requested rezone to R-1A.  Staff recommends approval of the request.  The P&Z Commission recommended approval.  He referred to the zoning map in the backup and advised that the property to the east is actually R-1A and that is being corrected at this time.

     Commissioner Morris stated it was good to read the capacity report on this as they can see the problem, especially in the elementary school. 

     Chairman Henley stated the one thing that is missing is the amount that may have been approved previously that will impact those schools.  Discussion ensued.

     Commissioner Carey stated the column that is still missing is what the percentage of utilization would be with those recently approved developments.

     John Sadri, applicant, addressed the Board to state he has been living in the community of about one-fifth of a mile away from this site for the last seven years.  The zoning level is consistent with the two subdivisions to the east.

     Mr. Sadri informed Chairman Henley that he anticipates completing this project in about a year.

     No one spoke in support or in opposition.

     Motion by Commissioner Morris, seconded by Commissioner Carey to adopt Ordinance #2006-58, as shown on page _______, approving rezone of 6.66+/- acres located on the south side of Center Drive, east of Sunset Road, from A-1 (Agriculture) to R-1A (Single-Family Dwelling), as described in the proof of publication, John Sadri, based on staff findings.

     Under discussion, Commissioner Carey stated the school capacity report does not include any relocatable stations.

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

     Mr. McMillan left the meeting at this time.

DOCK AND BOATHOUSE/Janowitz

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to approve construction of a dock and boathouse structure consisting of 1,196 sq. ft. for property located at 3078 Kingfisher Point in Chuluota on Lake Mills, Albert Cichra Builders, Inc. for Eric Janowitz, owner, received and filed.

     Wendy Meyer, Development Review, addressed the Board to state per the Seminole County Land Development Code, the Board is required to approve boat docks exceeding 1,000 square feet.  Staff recommends approval of the request.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner Carey to approve construction of a dock and boathouse structure consisting of 1,196 sq. ft. for property located at 3078 Kingfisher Point in Chuluota on Lake Mills, as described in the proof of publication, Albert Cichra Builders, Inc. for Eric Janowitz, owner, in accordance with the permit issued by the St. Johns River Water Management District and requirements pursuant to the Seminole County Land Development Code. 

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

     Mr. McMillan reentered the meeting at this time.


PORT AUTHORITY BUDGET

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to approve the Seminole County Port Authority Budget for Fiscal Year 2006/07, received and filed.

     Matthew Brown, Port Authority Chairman, addressed the Board to state he is honored to present the 2006/2007 budget of the Port Authority.  He stated the budget has been thoughtfully crafted and carefully considered by the Board of Directors of the Port Authority.  The budget is prepared in two parts, the first outlines an operational budget which defines estimated cash revenues and disbursements.  The second is the total cash budget and it defines anticipated operational and non-operational elements.  The Port Authority will enter the 2006/2007 fiscal year in an admirable position of being both debt free and built out.  The Port Authority is bringing to the Board a balanced operational budget in the amount of $2,534,697, a decrease of about $140,000.  He stated the Port Authority has previously met with the BCC in 2003 and since that meeting, seven of the eight members have changed and it has been suggested that they meet again to discuss shared interests in economic development and support of the small business community.  He requested the Board approve the proposed 2006/2007 Port Authority budget.  A copy of Mr. Brown’s comments was received and filed.

     Upon inquiry by Commissioner Morris, Mr. Brown advised the Port Authority has been working closely with Seminole Community College (SCC) and every place they are opening up a campus (currently one on the south side in Altamonte), the small business is planning to open up in that facility as well as in the Heathrow area.   They are trying to move across the county.

     Commissioner Morris stated seeing the remarkable profits being reinvested and creating job opportunities is exciting.

     Mr. Brown stated even though he would like to see the Board invest all of that, but he relies the County has other needs as well.  He stated he has always hoped that the County will continue their support and that is why he would like to sit down with them.

     Chairman Henley stated one of the criticisms the County received was they were not reaching out far enough in the county.  With the plan moving there and the other side of the County being cover by UCF, he feels they can provide the support that is out there.  The County is trying to broaden their scope of what economic development needs.

     Commissioner Van Der Weide advised that Mr. Dennis Dolgner will be retiring soon and he is hopeful they can find someone to replace him as executive director.

     Dennis Dolgner addressed the Board to state he has been at the Port Authority for 32 years.   He stated he feels that this Board and the citizens, who were business minded, looked out for the future of Seminole County and the small business development.  He stated he feels they will find a suitable replacement.

     Commissioner Van Der Weide commended Mr. Dolgner for a job well done.

     Commissioner Dallari stated he would like to commend Mr. Dolgner and Mr. Brown for the accomplishments they have done.  He stated he agrees the money that is being brought back to the County should be used for economic development.

     Mr. Dolgner informed the Board that he will be retiring by the end of the year.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the Port Authority Budget for Fiscal Year 2006/07, as described in the proof of publication.

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

CHAIRMAN’S REPORT

     Chairman Henley reported that the Board recently had consensus to adopt a resolution for the Communities for a Lifetime, and staff will bring that back on September 12, 2006.  He stated he would like consensus from the Board to go ahead and establish a committee that will be in charge of conducting an inventory. 

     Upon inquiry by Commissioner Dallari, Chairman Henley advised the size of the committee will be determined.  He stated he cannot anticipate the size of the committee until they know how many agencies will want to participate.  There will be several different projects that the committee will be working on with staff.  The Board voiced no objections.

     Upon inquiry by Commissioner Carey, Chairman Henley advised the Board can submit names between now and the September 12, 2006 meeting.  He stated he will meet with the County Manager to try to establish the parameters.

COMMUNICATIONS AND/OR REPORTS

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

 1.  Letter dated 8/7/06 to BCC (with attachment) from Congressman John Mica re: Update on Central Florida projects.

 

 2.  Letter dated 8/7/06 to Chairman from John Bush, Mayor-City of Winter Springs, re: Proposed Jetta Point development.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Library & Leisure Services Director)

 

 3.  Copy of letter dated 7/11/06 to Commissioner Dallari from Christopher Cogan, President-Cogan Development, re: Red Bug Lake Townhomes rezoning concerns.  (cc:  Co. Manager, Deputy Co. Managers)

 

 4.  Memorandum dated 8/10/06 to BCC (with attachment) from Don Fisher, Deputy Co. Manager, re: Findings of necessity/establishment of a community redevelopment area for City of Oviedo. 

 

 5.  Letter dated 8/7/06 to BCC (with attachment) from Eric Hill, System Management & Operations Director-Metroplan Orlando, re:  Data on 10 worst traffic crashes in Metroplan Orlando area.

 

 6.  Memorandum dated 8/10/06 (with attachment) from Jennifer Bero, Grants Coordinator, re: Notifications of grant award/denial.

 

 7.  Letter dated 7/31/06 to BCC (with attachment) from John Saboor, Executive Director, and Keith Station, Seminole Co. Sports Marketing Manager-Central Florida Sports Commission, re: June and July 2006 activities.

 

 8.  Copy of a letter dated 8/4/06 to Jay Hamburg and Etan Horowitz-Orlando Sentinel (with attachments) from E. Everette Huskey, President-Huskey Development, re: commuter rail.  (cc:  BCC)

 

 9.  Letter dated 7/21/06 to Chairman (with attachment) from Major Michael Tidwell, Department of Corrections-Seminole Co. Sheriff’s Office, re: Jail inspection 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

10.  Memorandum dated 8/7/06 to BCC and Department Directors from Cindy Coto, Co. Manager, re: Phil Stalvey’s resignation.

 

11.  Notice and agenda for 8/16/06 Seminole County Port Authority meeting.

 

12.  Contract for services, as shown on page _______, between Seminole Co. government and the following:  Brian Rosen (slow pitch softball field supervisor); Brian Lepak (umpire); and Zachary Wood (Scorekeeper).

 

13.  Copy of letter dated 8/15/06 to David Johnson, Property Appraiser (with attachments), from Cathy Collins, Budget Supervisor-Department of Revenue, re: Changes to 2006/07 budget.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director)

 

14.  Letter dated 8/16/06 to BCC (with attachment) from E. Everette Huskey, President-Huskey Realty, re: Traffic issues in Sweetwater.  (cc:  Co. Manager, Deputy Co. Managers, Public Works Director, Traffic Engineering)

 

15.  Notice of Future Land Use Public Hearing – City of Oviedo - August 22, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

16.  Notice of Public Hearing-City of Longwood – August 21, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

17.  Letter dated 8/16/06 to BCC from Diane Pickett Culpepper, Bright House, re: Results of customer survey.

 

18.  Memorandum dated 8/18/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.

 

19.  Copy of letter dated 8/21/06 to Todd Bullock (with attachment) from Gretchen Venn, BCC, re: Receipt of volunteer information form.

 

20.  Memorandum dated 8/11/06 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submissions into Co. Records.

 

21.  Copy of letter dated 8/14/06 to Mr. & Mrs. John O’Donnell from Jane Peterson, Library Service Manager, re: Appreciation of recent donation.

 

22.  Copy of letters dated 8/14/06 from Ken Roberts, Director – Public Works re: Appreciation for recent donations to the following:  Charles & Carol Bilz; Alanzo Brundidge; Gail Butterfield; Jackie Colson; Penni Dimario; Valerie Jamil; Ann Frederick; Ramon & Carmen Garriga; Melanie & Mark Harbison; Donna Harmatuck; Carrye Henry; Robert Hudson; David Metz; Shelley Nelson; Sandra Pollak; Gabrielle Powers; Norma Rossi; Betty & Richard Schroeder; Rusty Seaco; Mike & Suzanne Tesinsky; Julie Thompson; Kristine Wilkinson; Shannon Booth; Virginia Brown; Ronald & Helga Schwarz; Linda Bond; Henry Ho; Kim Mackey; Debbie Marty; Lee & Tom Patrizzi; Agnes Roger; and Barry Rubenstein.

 

23.  Notice of Planning & Zoning Public Hearing – City of MaitlandSeptember 7, 2006.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)

 

24.  Letter dated 8/18/06 to BCC (with attachments) from Cynthia Porter, Deputy City Clerk – City of Sanford, re: Notice of annexation public hearings on September 11, 2006.  (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Supervisor of Elections, Property Appraiser)

 

25.  Copy of letter dated 8/15/06 to Mike Wittmer, Animal Services Manager, from Barbara Woodall re: Stray and sick cat pick-up.

26.  Correspondence with various dates to BCC re: Support of Natural Lands Referendum from the following:  Adele Ruzquoi; Jim Ruzquoi; Kelley Peterman; J. Hunter; Evelyn Chiland; Ed Buss; Regina Simaly; Kourtney Kelley; Permelia Eble; Angela Marshall; Valena Geyer; Jamil at SMS; Jeff Peteson; Rica Eble; Unknown signature; Robin Paden; Asmara Knott; Anthony Lip; Caitlin Leggett; Sheila DiPace; Michael Barr; Barbara Whittier; and Henry Whittier.

 

DISTRICT COMMISSIONERS REPORTS

     Commissioner Carey stated she feels it would be a good idea to look at the future land use around the larger lakes in the County so that they don’t find themselves in a situation like today.  The Board voiced no objections.

     Commissioner Morris stated he feels the one thing they need to do is set the parameters as to the size of the lake and how far off the shoreline they want to go.

     Commissioner Carey stated there are five large DRI’s on the Lake Toho chain of lakes so there have been significant studies done on how to protect the water quality and what needs to be done.  She thinks the staff can go back and visit with the East Central Florida Regional Planning Council staff to find out what some of those have come about.

     Ms. Coto stated the one thing staff will be bringing back to the Board on September 12 or 13, is the lake management program and they have been able to identify those lakes that are in distress, those that are on the margin, and those that may feed into a lake that are distressed.  She stated they have done a priority listing and identified the lake bodies within Seminole County and what their present condition is.

     Commissioner Carey stated those are the ones that staff should look at the land use first.

     Commissioner Van Der Weide asked how many lakes in Seminole County that isn’t already surrounded by homes?

     Mr. Fisher asked clarification from the Board if their concern is protecting the water body as opposed to the land use itself.

     Commissioner Carey stated that is correct.

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     Commissioner Carey stated she will be attending the Florida Association of Counties Legislative Policy Committee meeting around the end of September and if the Board has any concerns for legislative issues, they can submit them to the County Manager.

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     Commissioner Carey stated Labor Day (Sept. 4) will be coming up and she would like to wish everyone a happy and safe holiday.  She reminded everyone to get out and vote on September 5, 2006.

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     Commissioner Dallari stated he will be attending the Guardian Ad Litem State Conference in Tampa on August 27 and he will be representing Seminole County.

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     Commissioner Dallari advised the Seminole County Health Department will be opening the new Casselberry clinic this Thursday at 10:00 a.m. and he will attend that event.

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     Commissioner Morris referred to the SR 417 northeast connector that connects the toll road to I-95.  Seminole and Volusia County had discussions relative to fixing the bridge that crosses the St. Johns River on SR 415.  He stated if the SR 417 connector (Atlantic Parkway) goes the route he would like it to go, it will go from the connector of SR 417, with exits at the Sanford Airport, Osteen and at SR 44.  This will be a complete alternative to I-4.  A super Wal-Mart is being built on SR 415 and a bypass for this would be important and a good option.  The problem is the majority of the Volusia County Council does not want to study this.  He stated Congressman Mica has put some study money together to continue to review this.  If the BCC would support this as they work towards bringing something back, which would be an East Central Florida Regional Planning Council sanctioned study, by bringing together environmentalists, major department heads from DEP, St. Johns River Water Management District, Seminole and Volusia County Commission, Expressway Authority, and the Orlando Expressway Authority.  They can get all the parties together to try to get the funding from different sources. 

     Chairman Henley stated he feels it would be important for the BCC to initiate this in order to get it going.    Commissioner Carey asked if the Orange County Expressway Authority currently is doing that study under the funding that Congressman Mica put together.

     Commissioner Morris stated it is being held up now.  Volusia County indicated that they will not participate in anything.  He said he believes it would be of great interest to them to participate as it gives an alternative roadway when I-4 shuts down.  It will probably take a few months to put this together.

     Commissioner Van Der Weide stated the key is they need to break Volusia County’s objection to this.

     Commissioner Carey stated some of those who have concerns now have supported it in the past.  There is one major landowner in that corridor.  She stated she and Congressman Mica talked about this being an alternative emergency route because if they have to evacuate the State of Florida, it will not be pretty.

     Chairman Henley stated he feels the BCC and Volusia County need to meet to discuss several issues. 

     Upon inquiry by Commissioner Dallari, Chairman Henley advised he will meet with the County Manager and the Volusia County Chairman to set up a date. 

     Commissioner Dallari asked if the Board would be inclined to reach out to Lake County as well.

     Chairman Henley stated he feels Lake County may have different issues and he feels there is nothing wrong with sitting down and discussing those with them.  He stated it is important for them to have a great deal of dialogue with their neighbors as they will be facing tremendous challenges.

     Commissioner Morris recommended scheduling a meeting in January to help the new elected officials.  He stated they can set up some type of structure for this Atlantic Parkway issue.

     Chairman Henley said he doesn’t think anyone objects to proceeding with that.

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     Commissioner Van Der Weide updated the Board on the Sabal Point Country Club.  He stated the maintenance is now being performed on the greenways, runways and ponds.  He stated the residents are very appreciative of that with the developers.

COMMITTEE REPORTS

     No Report.

COUNTY ATTORNEY’S REPORT (Continued)

     Mr. McMillan stated he has tweaked two of the ballot languages (Financial Impact and Frequency of Appointment) of the proposed charter amendments.  He stated the ballot language for the Frequency of Appointment shall read:  “Should the Seminole County Charter be amended to change the frequency of appointment of the Charter Review Commission from every six (6) years to every ten (10) years”.  The ballot language for the Financial Impact shall read:  “Should the Seminole County Charter be amended to authorize the County to require a statement of financial impact to be provided to the public regarding proposed charter amendments and to make such a statement a prerequisite to placement of proposed charter amendments of the ballot”.  He stated he has modified the last sentence of the Clerk’s responsibilities ballot language (received and filed) and it reads:  “Should the Seminole County Charter be amended to transfer those designated county related functions from the Clerk and require the County to assign those duties in its Charter or Administrative Code”.

     Upon inquiry by Commissioner Morris, Mr. McMillan advised the Board could amend the ordinance at the time of the hearing, but he would recommend changes being as limited as possible.  Discussion ensued relating to the charter amendment for the auditor as approved by the Charter Review Commission and the duties of a constitutional officer.

     Mr. McMillan advised Commissioner Morris that he has not seen anything that says they cannot make a statement and then ask a question in the ballot language.  He stated if he finds something between now and the next Board meeting, he will modify that into a question.  He added he doesn’t think there is a problem with making a statement as the question is there and the statement is factual.

Mr. McMillan stated he tried to track the language of the Constitution as much as possible. 

     Upon inquiry by Commissioner Morris, Mr. McMillan advised the functions of the Clerk to the Board, auditor, recorder, and custodian of county funds are county-related functions as opposed to court-related functions.  He stated the Clerk performs court-related functions as Clerk to the Court; and there are certain duties that she has been assigned by the Constitution, if they do have a charter provision, to undertake and those are related to the county and not to the courts.  He stated they are taking the county related functions and transferring them to the County.

     Chairman Henley asked if there are other county-related functions that people might interpret as county-related functions. 

Commissioner Morris stated that is why he put the words “those designated county-related functions” to make it clearer.

     Commissioner Dallari asked if there is any way of clearing this up more so people will not be confused.

     Mr. McMillan stated they can leave out the words “county related” and say “amended to transfer those specified functions from the Clerk”.

     Commissioner Carey suggested striking everything from “transfer” and add the following words “Should the Seminole County Charter be amended to require the County to assign those duties in its Charter or Administrative Code.  

     Mr. McMillan stated his concern is someone would allege that they didn’t disclose that they are transferring duties from the Clerk.

     Commissioner Carey suggested saying “be amended to transfer those specific functions from the Clerk”.

     Mr. McMillan stated the words “designated county-related” can be deleted if the Board feels it would make it more complicated.

     Commissioner Carey stated she feels the cleaner the question, the easier for the voters to understand.

     Mr. McMillan stated if they are relying on people reading this on the ballot in the voting booth, he believes they are expecting too much.  The voters’ real decision will be made if they get information in advance or they will vote up or down on instinct.

     Commissioner Dallari stated he believes the voters will make their decision on instinct. 

     Commissioner Morris recommended checking the comma fault of the first sentence and changing the capitalization of auditor in the last sentence.

     Motion by Commissioner Morris, seconded by Commissioner Carey to authorize to advertise and schedule a public hearing for the three proposed Charter amendments (frequency of appointments, financial impact, and duties and responsibilities of Clerk). 

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

     Mr. McMillan advised he will make the changes to the office of Clerk to the Board to become effective January 1, 2007. 

     Commissioner Morris stated he feels it makes more sense to make it effective October 1, 2007.  Whereupon, Mr. McMillan advised he will do that.

     Commissioner Carey stated she feels it would be complicated if they have one become effective October 1 and the other January 1.  She stated she feels both of them should be kept the same date.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:15 p.m., this same date.

 

 

ATTEST_______________________Clerk_____________________Chairman

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