BOARD OF
AUGUST 8, 2006
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, August
8, 2006, in the SEMINOLE COUNTY SERVICES
BUILDING at
Present:
Chairman
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
Deputy Clerk Sandy McCann
Pastor Wes Tanksley, Riverwalk Church of
God,
Commissioner Dick Van Der Weide led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Carey, seconded by Commissioner Morris to adopt appropriate Resolution #2006-R-176, as shown on page _______, recognizing Krista Pohorenec for using her talents to help children with special needs.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Krista Pohorenec who distributed stuffed teddy bears to the Board showing her appreciation.
John Omana, representing the Board of Directors for the United Cerebral Palsy of Central Florida, addressed the Board
to voice his
appreciation to the Board. He wished Krista well in her fund-raising swim from
Alcatraz island to
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Motion by Commissioner Morris, seconded by Commissioner Carey to adopt appropriate Resolution #2006-R-175, as shown on page _______, commending Shelly Brubaker for her quick response of a 911 call that saved Bert Webb’s life.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Ms. Brubaker, who addressed the Board to express her appreciation for same.
Elmer Holt, Emergency Communications Manager, addressed the Board to also commend Shelly for instructing the parents of a small boy in resuscitating their son when he fell into a swimming pool.
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Robin Butler, Traffic Safety Engineering,
addressed the Board to give a PowerPoint presentation (copy received &
filed) on the Traffic Safety & Education Forum Driver Education Committee
findings. She reviewed the
following: 2004 Seminole County
Fatalities; 2004 Fatalities by Age; Primary Contributing Causes in 2004 Fatal
Crashes; 2005 Seminole County Fatalities; 2005 Fatalities by Age; Primary
Contributing Causes in 2005 Fatal Crashes; Seminole County Teenage Driver
Involvement; Socioeconomic Factors; General Findings; Root Causes - 1; Root
Causes – 2; and Current SCPS Driver Education Program. She outlined the proposed Driver Education Program,
advising the program would be after school and there would be a
Monday/Wednesday class and a Tuesday/Thursday class. The class would include 36 hours of classroom
instruction, 31.5 hours on the range, 4.5 hours on the road with one instructor
in the classroom, one instructor on the range, and two instructors on the
road. She reviewed the expenses for the
nine high schools and the first year start-up expenses. She stated the pilot program would include
only two schools. She advised Metroplan
has authorized $86,000 toward the purchase of simulators and textbooks for the
initial pilot project; Seminole County Public Schools will provide $130,000
toward staff and support for the continued day-to-day management and operation
of the program; and Seminole County Traffic Engineering will continue to
analyze and provide current data concerning Seminole County youth drivers. She stated the existing Dori Slosberg funds
will increase from $3 to $5 on October 1, 2006 for each citation issued in
Upon inquiry by Chairman Henley,
Dede Schaffner, School Board and Chairman of the Drivers Ed Safety Committee, addressed the Board to advise this will be an elective course that will be taken for credit. She stated all students in the County would be eligible and the slots will be chosen by a lottery.
Discussion ensued with regard to funding for the program and donations of vehicles.
Commissioner Dallari, Driver Education Committee member, stated this is the first step to see if there is a consensus to move forward with this program. He added that the sooner this gets into the schools the better.
Commissioner Van Der Weide stated he was very surprised this was taken out of the schools to begin with. He said no one questions the need for drivers’ education. He added that he does believe it is a School Board funding issue along with the State. He also said that the pilot program has to only be a start because this needs to be in every school; therefore, he would support the proposed program.
Upon inquiry by Commissioner Carey, Ms. Butler advised 12 vehicles are needed for the pilot program. Commissioner Carey stated the cities and the County both have surplus vehicles that could be used. She questioned if the vehicles could be donated from car dealers, would the City of Winter Springs consider a cash donation instead of donating a car.
Chairman Henley stated that he believes it is important to work together on this; but the School Board, in his opinion, is going to have to do more than $130,000 of in-kind type services. He further stated that it is the consensus of the BCC to support the pilot program with funding, but the amount of same will be determined later. He encouraged the School Board to make drivers’ education a part of the required curriculum.
Ms. Schaffner advised Commissioner Morris
that this course will be open to everyone and they do not want to charge for it
because 1/3 of their students are on reduced lunch. She also pointed out that all the high
schools in
Chairman Henley suggested the School Board look at extending the school day. He reiterated that the BCC is in support of the pilot program and will discuss a funding amount once the needs are refined.
Chairman Henley advised of a letter from
the applicant of Item #40, Appeal against the BOA, Wellington Terrace
Homeowners Association, requesting a continuance. As District Commissioner, he recommended
approving the continuance. The Board
voiced no objections to same. He also advised that under the
Commissioner Morris requested that Item #9, Senior Underwriter for Water & Sewer Revenue Bonds Series 2006, be pulled for a separate vote.
Motion by Commissioner Dallari, seconded by Commissioner Morris to approve and authorize the following:
Administrative Services
Support Services
4. Approve
and authorize Chairman to execute a Lease Agreement, as shown on page _______,
with
Community Services
Community Assistance
5. Approve and authorize Chairman to execute the Seminole
County/Corinthian Builders, Inc. SHIP Program Developer Agreement, as shown on
page _______, for Program Year 2005-2006.
6. 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: Glen C. & Leigh D. Dettmer;
Bethel B. & Curtis Medsger; Cynthia M. Serafine; Olean Jenkins; Dhimiter
Gjoka; and Brian P. & Heather C. Prendergast.
7. Adopt appropriate Resolution #2006-R-185, as shown on page _______,
giving authority to the
8. Approve and authorize Chairman to execute Subrecipient Agreement,
as shown on page _______, with Kid’s House of Seminole, Inc. (“Kid’s House”) to
provide Community Development Block Grant (CDBG) funding to rehabilitate a
building for use in providing assistance and counseling to abused
children.
Fiscal Services
Administration
Budget
10. Adoption of
appropriate Budget Amendment Resolution #2006-R-170, as shown on page ________,
#06-81 –$150,000 - Library and Leisure Services – General Fund. On June 27, 2006, the Board approved $1.5M to
fund the construction of the
11. BCR #06-25 - $101,000
– Environmental Services – Water and Sewer Fund. The Water and Wastewater Division supported
other municipalities after the hurricanes of the summer of 2005. For several months during the current fiscal
year, teams were sent to South Florida and
26. Approve and authorize Chairman
to execute an Agreement, as shown on page _______, between
27. Approve sponsoring the “Responsible Pet Ownership Day” to be held on September 16, 2006; and approve selling animal identification microchip implants during the event.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request for appointment of Senior Underwriter for the Water & Sewer Revenue Bonds, Series 2006, presented for consideration.
Commissioner Morris stated this is going to be a substantial bond issue and one of the larger ones they have done. He said typically they come up with a rotation; however, because of the size of the issue there are two things that play into this. One is how these bonds are distributed and the second is who are the senior managers and the book manager. He stated that there will probably be two bond issues over the life of the series and one that would be distributed within the next two years and then a second issue would come after that for the remainder of the bonds. He said because of that, if the rotation was kept, next year the current award and assignment to the reinvestment banking firm expires. So, he would suggest bringing that back and the Board may choose to renew or add firms to it. He would also suggest for equity that they go ahead and move the Co-Senior Managers Citigroup Global Markets and RBC Dain Rauscher, Inc.
Motion by Commissioner Morris, seconded by Commissioner Dallari to appoint Citigroup Global Markets and RBC Dain Rausher, Inc. as the Co-Senior Managers; Banc of America Securities LLC appointed as Co-Manager; Citigroup Global Markets appointed as Book Manager; and the required distribution to be 40% for Book Manager and 30% to the two remaining firms RBC Dain Rausher, Inc. and Banc of America Securities LLC.
Under discussion, Commissioner Carey suggested Dain Rauscher get a larger percentage.
Commissioner Morris stated all parties will be happy with this distribution. Discussion continued.
Commissioner Van Der Weide stated he gets very uncomfortable when the Board starts massaging recommendations by the staff without the Board having a thorough briefing.
Commissioner Morris stated that staff has presented the Board with a chaotic situation and he is trying to do the democratic and responsible thing.
Gary Akers, Financial Consultant, addressed the Board to advise he believes the motion on the floor is within 5% of his suggested numbers. He said all parties should be very pleased with the split.
Commissioner Morris stated, for the Record, that he has never been associated with any of these firms.
Districts 1, 2, 3, 4 and 5 voted AYE.
County Attorney, Robert McMillan, distributed Exhibit B and Attachment 1, revisions to the Charter Review Commission Amendments (Item #32) which were received and filed.
Commissioner Morris stated the BCC has to approve these amendments to go on the ballot per the Charter; but, he noted that in doing so, it is not an endorsement of them.
Motion by Commissioner Dallari, seconded by Commissioner Morris to approve and authorize the following:
Litigation
31. Approve proposed negotiated settlement relating to Parcel Number 111 on the Eden Park Avenue road improvement project, in the amount of $63,324.00 inclusive of all land value, severance damage, statutory interest, attorney’s fees, expert fees and cost reimbursements, Karen L. Lukas.
Charter Review Commission
32. Adopt appropriate Resolution #2006-R-177, as shown on page _______, placing proposed Charter Amendments submitted by the Seminole County Charter Review Commission on the General Election Ballot.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
CLERK’S OFFICE
Motion by Commissioner Carey, seconded by Commissioner Dallari to approve and authorize the following:
33. Expenditure Approval Lists, as shown on page _______, dated July 10 & 17, 2006; and Payroll Approval List, as shown on page _______, dated July 13, 2006.
34. Commissioners to execute the 2005 Property Tax Roll Final Report from the Tax Collector (List of Errors, Insolvencies, Double Assessments & Discounts).
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the
following Clerk’s “received
& filed”:
1. Copy of Consummating Order from the PSC
RE: petition for approval of revised
underground residential distribution tariffs by Progress Energy Florida,
Inc.
2. Performance Bond, as shown on page _______, for
Heatherwood in the amount of $400,000.
3. Maintenance Bonds, as shown on page _______,
for Lake Jesup Woods in the amount of $219,146.54; and Tradition at Alafaya in
the amount of $5,126.25.
4. Title Opinion, as shown on page _______, for
Ancient Forest Subdivision.
5. Maintenance Bond and Surety Bond Rider, as
shown on page _______, for Buckingham Estates Phase 3 & 4 in the amount of
$81,405.03.
6. Letter of Credit, as shown on page _______,
for Regency Estates Phase 2 in the amount of $35,682.
7. Chase Groves DRI NOPC Development Order, as
shown on page _______, as approved by the BCC on August 9, 2005.
8. Development Order #06-38000002, as shown on
page _______, for Waiver for not fronting on a public right-of-way for Robert
Carenal.
9. Non-Certified Tennis Pro Agreement, as shown
on page _______, for Sarah Webb.
10. W.O.
#37, #38, & #39, as shown on page _______, to CC-1262-05.
11. Certificate
of Final Completion, as shown on page ________, for CC-1262-05 W.O. #34.
12. Term
Contract, as shown on page _______, for IFB-600045-06, Advanced Drainage
Systems, Inc.
13. W.O.
#33, as shown on page _______, to CC-1262-05.
14. Term
Contract, as shown on page _______, for IFB-600045-06, Contech Construction
Products, Inc.
15. W.O.
#38, as shown on page _______, to PS-5120-02.
16. Third
Amendment, as shown on page _______, to Concession Operation Agreement for
RFP-4227-04, with Snack Time Vending, Inc.
17. Contract
#M-1152-06/TRJ, as shown on page _______, with Petroleum Equipment
Construction, Inc.
18. Contractor’s
Waiver of Lien, as shown on page _______, (Final & Complete) for CC-1262-05
W.O. #27, A.P.E.C., Inc.
19. W.O.
#35, as shown on page _______, to CC-1262-05.
20. C.O.
#1, as shown on page _______, to CC-0455-06.
21. Term
Contract, as shown on page _______, for Bottled Drinking Water, IFB-600030-06,
Nestle Waters, N.A.
22. W.O.
#2, as shown on page _______, to PS-0381-06.
23. C.O.
#1, as shown on page _______, to CC-1268-05.
24. Contractor’s
Final Release of Lien, as shown on page ________, for CC-1212-03 C.O. #1,
Unipark Construction.
25. Certificate
of Final Inspection, as shown on page _______, for CC-1212-03.
26. W.O.
#2, as shown on page _______, to RFP-0778-06.
27. W.O.
#2, as shown on page _______, to M-0636-06.
28. Fourth
Amendment, as shown on page _______, to Courier Service Agreement, RFP-4140-01,
Coastal Courier, Inc.
29. W.O.
#2, as shown on page _______, to PS-5189-05.
30. C.O.
#2, as shown on page _______, to CC-0455-06.
31. Contractor’s
Release, as shown on page _______, for CC-1262-05, Schuller Contractors,
Inc.
32. Letter,
as shown on page _______, to Parthenon Construction Co. from Contracts Analyst,
Bob Hunter, RE: CC-1252-04.
33. Third
Amendment, as shown on page _______, to Emergency Debris Management Agreement,
RFP-4127-01.
34. Owner’s
Representation Services Agreement, as shown on page _______, for Seminole
County Jail Expansion Services, RFP-0580-06, with PMA Consultants, LLC.
35. Fourth
Amendment, as shown on page _______, to IFB-3050-02 with Helena Chemical.
36. Contract
#M-1142-06, as shown on page _______, Tinklepaugh Surveying Services, Inc.
37. First
Amendment, as shown on page _______, to Vehicle Purchase Agreement for RFP-4142-01,
Medtec Ambulance Corp.
38. International
4300 Truck Purchase Agreement, as shown on page _______, RFP-600032-06, Maudlin
International Trucks.
39. W.O.
#33, as shown on page _______, to PS-5150-03.
40. W.O.
#2, as shown on page _______, to CC-0012-05.
41. W.O.
#45 & #44, as shown on page ________, to PS-5165-04.
42. W.O.
#16, as shown on page _______, to RFP-4241-05.
43. W.O.
#14, as shown on page _______, to RFP-4241-05.
44. W.O.
#2, as shown on page _______, to M-0779-06.
45. W.O.
#6, as shown on page _______, to PS-5182-05.
46. C.O.
#1, as shown on page _______, to CC-1262-05.
47. W.O.
#1, as shown on page _______, to RFP-0778-06.
48. W.O.
#26, as shown on page _______, to RFP-4214-04.
49. W.O.
#15, as shown on page _______, to CC-1188-02.
50. W.O.
#5, as shown on page _______, to PS-567-00.
51. W.O.
#30, as shown on page _______, to PS-5150-03.
52. First
Amendment, as shown on page _______, to Disaster Debris Planning & Support
Management Services Agreement, RFP-4259-05.
53. Development
Order #06-30000075, as shown on page _______, for Wekiva Hunt Club Fox Hunt,
Beatrice Myers.
54. Acceptance,
as shown on page _______, of potable & reclaimed water systems and sewer
system within Regency Estates Ph. 2.
55. Acceptance,
as shown on page _______, of sewer system for
56. Conditional
Utility Agreement, as shown on page _______, for water service with WB
Equestrian, Inc.
57. Conditional
Utility Agreements, as shown on page _______, for water & sewer service
with K. Hovnanian/Cambridge Homes, LLC for Savannah Park Townhomes.
58. Conditional
Utility Agreement, as shown on page _______, for potable and reclaimed water
service with M/I Homes of Orlando for Provenance Townhomes.
59. Customer
Agreement, as shown on page _______, for reclaimed water rates with
60. Conditional
Utility Agreement, as shown on page _______, for water service with Aloma Jancy
Animal Hospital, Inc.
61. Conditional
Utility Agreements, as shown on page _______, for potable and reclaimed water
service and sewer for Ashton Orlando Residential, LLC., Banyon Pointe.
62. Conditional
Utility Agreements, as shown on page _______, for water & sewer service
with Monroe Investments, LLC., Vantage Point Commerce Center.
63. Conditional
Utility Agreements, as shown on page _______, for water & sewer service
with The Irvin Company, LLC,
64. Conditional
Utility Agreement, as shown on page _______, for water & sewer service with
CFE Federal Credit Union.
65. Utility
Easement, as shown on page ______, with Sofran Tuskaloma, LTD, for
66. Bids
for PS-1020-06 and RFP-60061-06.
67. W.O.
#3, as shown on page _______, to PS-5183-05.
68. W.O.
#56, as shown on page _______, to PS-5130-02.
69. W.O.
#32, as shown on page _______, to PS-5150-03.
70. Audit
by the Clerk of Circuit Court,
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Clerk of Circuit Court,
Discussion ensued between the Board and Ms.
Morse regarding the CRA by-laws regarding CRA appointments.
Chairman Henley advised that Kevin Fall is
currently the BCC’s appointment representing the County and that is
questionable as to meeting the Statutes.
Commissioner Van Der Weide stated
adjustments need to be made to meet the Statutes.
Commissioner Morris stated that the BCC has
determined that they will not put any more money in the CRA until such time as
all these issues are resolved.
Whereupon, Ms. Morse stated the County would be susceptible to penalties
if the money is not paid on January 1st.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide, to instruct
the County Manager and County Attorney to draft a letter to the City of
Casselberry insisting that these audit findings be implemented immediately;
authorize the County’s penalty be paid; and remind the City that until these
corrections are made, the Board will not participate in the CRA and, if
necessary, will terminate the CRA.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Henley requested Mr. McMillan to
review the Statutes dealing with the County’s appointment to the CRA and
provide a memo to the Board regarding same.
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The Chairman recessed the meeting at 11:00
a.m., reconvening it at 11:13 a.m., this same date.
REGULAR AGENDA
Planner, Michael Rumer, addressed the Board
to present the Final Site Plan for the 7-Eleven at the Mirror Lake Commercial
Center PUD, located on the southeast corner of SR 436 and
District Commissioner Van Der Weide voiced
his concern with semi trucks being able to get in and out of the site.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the Final
Site Plan for the 7-Eleven at the Mirror Lake Commercial Center PUD, located on
the southeast corner of SR 436 and Bear Lake Road, Bear Lake Shops, LLC; and authorize
the Chairman to execute the Addendum to the Developer’s Commitment Agreement,
as shown on page ________, for same.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planner, Michael Rumer, presented the Final
Master Plan for the Long Pond PUD, consisting of 51 acres and located on the
north side of Long Pond Road, 0.6 mile east of Markham Woods Road, adjacent to
the west side of I-4, Dennis Casey, Rockwell Development, Inc. He advised the staff finds that the proposed
plan complies with all the conditions contained in the approved development order;
therefore, staff would recommend approval.
He added that Item C under Standard Conditions in the Developer’s
Commitment Agreement should be removed because it is already stated elsewhere
in the agreement.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the
Final Master Plan for Long Pond PUD, consisting of 51 acres and located on the
north side of Long Pond Road, 0.6 mile east of Markham Woods Road, adjacent to
the west side of I-4, Dennis Casey, Rockwell Development, Inc.; and authorize
the Chairman to execute the Developer’s Commitment Agreement, as shown on page
_______, as amended, for same.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request for the BCC to rank firms for the Construction
Manager at Risk Agreement (A1A Document A201-1997) for the Construction
Manager/General Contractor at Risk for the John E. Polk Correctional Facility
Expansion.
Mr. McMillan distributed business cards
(received & filed) for the Commissioners to individually vote. After voting, Mr. McMillan advised the BCC
unanimously selected Skanska/Wharton Smith as number one.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide to rank
Skanska/Wharton Smith number one and Turner Construction Co. number two for
RFP-0613-06/TLR; and authorize the Chairman to execute the Construction Manager
at Risk Agreement, as shown on page ________, for the Construction
Manager/General Contractor at Risk for the John E. Polk Correctional
Facility.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Purchasing Manager, Ray Hooper, addressed
the Board to request approval of changes to the Seminole County Administrative
Code, Subsection 22.20 (Purchasing Policy), relating to procurement. He said approval of changes will allow the
Purchasing/Contracts Division to be more responsive.
Commissioner Carey stated she believes
there should be another layer of authority for items over $50,000. She also stated that on big construction, she
feels the County should do sales tax recovery.
She asked that the staff bring back a policy on same.
Chairman Henley asked if the County credit
cards receive a rebate. Whereupon, Mr.
Hooper advised currently they do not; however, the Clerk is migrating to a new
bank and the new cards should offer rebates.
Motion
by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate
Resolution #2006-R-182, as shown on page _______, to the Seminole County
Administrative Code, Subsection 22.50 (Purchasing Policy) to incorporate
changes in the policies relating to procurement; and to amend the resolution by
including that all areas where there is an increase above $50,000 that the
County Manager is required to sign off.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Coto advised of a letter from WorkForce
relating to
Upon inquiry by Commissioner Henley,
Planning Manager, Tony Walters, addressed the Board to advise the route starts
at the
Motion
by Commissioner Dallari, seconded by Commissioner Morris to authorize the
Chairman to execute Modification #1 Memorandum of Understanding, as shown on
page _______, between
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan advised the City of Winter
Springs has filed their dismissal of the case against the County at the Fifth
District Court.
LEGISLATIVE UPDATE
DCM, Sally Sherman, addressed the Board to briefly
give an update on the County’s Federal Legislative agenda. She advised that federal funding in the
amount of $726,000 is currently earmarked for the Upsala Landfill restoration;
and soft money is set aside for the CAD (Computer Aided Dispatch System) for
Public Safety.
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The Chairman recessed the meeting at 11:40
a.m., reconvening at
1:35 p.m., with all Commissioners and all other Officials, with the exception of
Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were
present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner Carey to authorize filing the proofs of publication
for this meeting's scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
APPEAL
OF BOA/Wellington Terrace HOA
Proof
of publication, as shown on page ________, calling for a public hearing to
consider an Appeal of the Board of Adjustment’s decision to approve a rear yard
setback variance from 30 ft. to 10 ft. for an existing carport in the R-1AAA
(Single-Family Dwelling District), located at
Chairman
Henley advised that the applicant is requesting a continuance of this
item. Therefore, he is recommending
continuing this item to August 22, 2006.
Motion by Commissioner Van Der Weide to
continue to August 22, 2006 request to consider an Appeal of the Board of
Adjustment’s decision to approve a rear yard setback variance from 30 ft. to 10
ft. for an existing carport in the R-1AAA (Single-Family Dwelling District),
located at 1888 Derbyshire Road, as described in the proof of publication,
Wellington Terrace Homeowners Association.
Mark
Troum,
Speaker
Request Form was received and filed.
District
Commissioner Henley stated he has no problem continuing this item until all
parties can attend.
Commissioner
Van Der Weide amended his motion to continue to September 12,
2006 at 1:30 p.m. Commissioner Dallari seconded the motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/Curt
Cogan
Proof
of publication, as shown on page ________, calling for 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 (Multi-family Dwelling), Curt Cogan, received and filed.
Chairman
Henley stated he just received a request from the applicant to continue this
item to August 22, 2006.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to continue to August 22, 2006 at 1:30
p.m., or as soon thereafter as possible, request to consider Rezoning 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 (Multi-family
Dwelling), as described in the proof of publication, Curt Cogan.
Chairman
Henley stated he is glad that this item was continued as he was handed a thick
document relative to this item and he hasn’t had an opportunity to review it.
Commissioner
Carey stated some of the documents refer to a public boat ramp on
Upon
inquiry by Commissioner Morris, Mr. McMillan advised a regional stormwater pond
will be built next to this property, which is owned by the Tenneysons. An agreement requires them to have continued
possession of the property. The County
did a joint purchase of that property with the St. Johns River Water Management
District (SJRWMD) and they obtained a grant and part of the participation
agreement requires that they have a boat ramp on that property.
Commissioner
Carey stated she would like staff to discuss with the SJRWMD relative to what
flexibility they may have with that condition.
Bob
Musser,
Speaker
Request and Written Comment Forms were received and filed.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE AND LARGE SCALE
LAND USE
AMENDMENT/Steve
Valentine, JTC, Inc.
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone from A-1 (Agriculture) to PUD (Planned Unit
Development), and Large Scale Land Use Amendment from Suburban Estates (SE) to
Planned Development (PD) for 54+/- acres located on the southwest corner of
South Lake Sylvan Drive and Orange Blvd.; Steve Valentine, JTC Inc., received
and filed.
Michael
Rumer, Planning, addressed the Board to state the applicant is proposing 109
single-family homes at a maximum density of 2.5 dwelling units per net
buildable acre. Lots will be a minimum
of 9,000 sq. ft. and 75 ft. in width.
The lots will be serviced by water and sewer provided by
Matt
West, Ivey Planning Group, addressed the Board to advise that Jean Abi-Aoun and
Steve Valentine are in attendance. He
displayed and reviewed slides (not received and filed) of the property that
fronts
Chairman
Henley asked what type of formula was agreed on with the School Board regarding
the 140% capacity. Whereupon, Mr. West
advised he believes they are paying an additional $2,700 per unit.
Jack
Owen,
No
one else spoke in support or in opposition.
District
Commissioner Carey stated the condition was added to have 25 ft. rear yard
setbacks on Lots 25 through 102 and those homes will set back 10 ft. further in
addition to the 6 ft. wall being made out of brick. She stated she appreciates the applicant
working with them in making sure the property to the west would be protected.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to transmit request to Rezone from A-1 (Agriculture) to
PUD (Planned Unit Development), and Large Scale Land Use Amendment from
Suburban Estates (SE) to Planned Development (PD); for 54+/- acres located on
the southwest corner of South Lake Sylvan Drive and Orange Blvd., as described
in the proof of publication, Steve Valentine, JTC Inc., based on staff findings
and with the additional setbacks on Lots 95 through 102, a 25 ft. rear yard
setback, as well as the wall being brick and not masonry.
Under
discussion, Commissioner Carey stated some of the residents were concerned with
Districts
1, 2, 3, 4 and 5 voted AYE.
CAPITAL IMPROVEMENTS,
IMPLEMENTATION
AND
TRANSPORTATION ELEMENT
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to transmit proposed Capital Improvements, Implementation and
Transportation Element amendments to enable the use of Proportionate Fair-Share
Funding of Transportation Improvements to the Department of Community Affairs
(DCA), received and filed.
Sheryl
Stolzenberg, Planning, addressed the Board to advise the request is to transmit
to the DCA text amendments to the Capital Improvements Implementation and
Transportation Elements of the County’s Comprehensive Plan in order to enable
the use of a proportionate fair share funding of transportation
improvements. She reviewed the requirements
of the Growth Management Act. The
Legislation created a possibility of a developer making a contribution towards
advancing the project in order to bring it online sooner and that would be a
proportionate fair share. This does not
mean that a project not complying with the Comp Plan would have to be approved,
but it gives local governments and developers another way to finance a
transportation improvement for a project that would otherwise be seen as
desirable. Staff is required by December
1 to put in place of the concurrency management system of the Land Development
Code language that enables this. Because
they address the issue of concurrency in the Comprehensive Plan, staff needs to
make some changes to the text of the Comprehensive Plan. The Planning & Zoning Commission
(P&Z) recommended approval and staff recommends transmitting same to the
DCA.
Ms.
Stolzenberg discussed with Commissioner Carey the proportionate fair share
payment and other options.
Jerry
McCollum,
Brett
Blackadar, Engineering, addressed the Board to explain the inflation aspect.
Mr.
McMillan clarified that the Board is just putting the frame work in the Comp
Plan and that has to be adopted by December 1.
Staff will bring something back in September as to how this program
would function. The Board is not
deciding all of that today.
Commissioner
Carey stated the one concern she expressed was that concurrency has been in
place for a number of years and she doesn’t believe they have been applying
that to the fullest ability. She state
she would prefer seeing a set formula with some flexibility to increase it due
to the construction cost.
Mr.
McCollum advised a set formula is in the ordinance.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to transmit proposed Capital Improvements,
Implementation and Transportation Element Amendments to enable the use of
Proportionate Fair-Share Funding of Transportation Improvements to the
Department of Community Affairs (DCA), as described in the proof of
publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
EVALUATION
AND APPRAISAL REPORT
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to transmit the Evaluation and Appraisal Report (EAR) to the
Department of Community Affairs (DCA), received and filed.
Ms.
Stolzenberg presented the request. She
requested the Board adopt a resolution and to transmit the request to the
DCA.
Commissioner
Carey referred to page 2, Item #3, under Major Issues. She stated no action was taken on the joint
use library; and if this is going to be placed in the amended EAR, she would
like the Board to decide what they are going to do with that issue. She stated she feels this is a plan that
would make some sense as there is going to be plenty of parking and a parking
facility. She added she would hate to transmit
something like this and have no intention moving forward with that project. She said she would like consensus that they
would like to pursue the joint use library.
Ms.
Stolzenberg stated the Board is not committing themselves to an action with
this document but only reporting it.
They can come back in a year with amendments to the Comprehensive Plan.
Commissioner
Carey stated she understands that this is not a binding document, but she feels
that it indicates to residents that may be something the County is looking
at.
Chairman
Henley stated he is not in favor of moving with this because there are a lot of
issues the Board hasn’t decided on yet.
Commissioner
Carey stated this is not committing the County, but she would like to have
discussions to see what the Board’s opinion is on that. She stated she would like to have this Board
support it or vote it down.
Commissioner
Morris stated a work session is scheduled with the City of
Commissioner
Carey stated she would like to look at a formal proposal from Seminole
Community College (SCC) to see what others are willing to bring to the
table.
Commissioner
Morris stated the Board needs to meet with SCC regarding the 5 Points area and
access on 17-92.
Ms.
Coto advised it depends on what they are going to do with the 5 Points Master
Plan.
Chairman
Henley recommended going ahead and dispensing with the appraisal report since
it was made clear that the County is not obligated to implement this.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Morris to adopt Resolution #2006-R-183, as shown on page
________, adopting the Evaluation and Appraisal Report and to transmit same to
the Department of Community Affairs, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
WATER
SUPPLY FACILITIES WORK PLAN 2006
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to transmit to the DCA for review and comment proposed text
amendments to the Capital Improvements, Conservation, Future Land Use,
Implementation, Intergovernmental Coordination, and Potable Water Elements of
the Seminole County Comprehensive Plan to implement the Water Supply Facilities
Work Plan, received and filed.
Dick
Boyer, Planning, addressed the Board to present the request. He stated the work plan is targeted to reduce
the long-term need for ground water by building a surface water treatment plant
and testing of aquifer storage recover system.
The work plan has been developed to consider and coordinate with the
SJRWMD Regional Water Supply Plan and to meet the State legislative
requirements regarding water supply planning.
The key legislative requirement is the adoption of a number of amendments
to the Comprehensive Plan and to ensure and support the work plan. Staff recommends approval to transmit the
Water Supply Facilities Work Plan to the DCA.
He added the tentative adoption hearing is scheduled for October 24,
2006.
Chairman
Henley stated with the slow down occurring on building affecting the connection
fees, he would like to know the impact that has on their ability on debt
service. Mr. Boyer stated the prices of
homes have gone up to such a degree that it may not impact it as much as it
would have three or four years ago.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to transmit to the DCA for review and comment
proposed text amendments to the Capital Improvements, Conservation, Future Land
Use, Implementation, Intergovernmental Coordination, and Potable Water Elements
of the Seminole County Comprehensive Plan to implement the Water Supply
Facilities Work Plan, as described in the proof of publication, with staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Henley submitted to the Commissioners a summary (not received and filed) of a
letter from Sheriff Eslinger regarding the jail expansion of 2006.
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Chairman
Henley stated Doug Koenig has resigned from the Tourism Development Council and
he would recommend adopting a Resolution commending him for his services. He recommended appointing Jamie Ross to fill
the unexpired term ending Jan. 1, 2010.
A copy of Ms. Ross’ resume and letter from the Central Florida Hotel
& Lodging Association supporting the appointment were received and filed.
Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2006-R-184, as
shown on page ________, commending Doug Koenig for his services on the Tourism
Development Council; and to appoint Jamie Ross to fill the unexpired term
ending January 1, 2010.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley stated there is a vacancy on the Central Florida Sports Commission and
Commissioner Van Der Weide recommended Dick Joyce. He stated he was told that Mr. Joyce does not
live in the County and is no longer affiliated with Dixon Ticonderoga.
Commissioner
Van Der Weide stated he recommends making the appointment effective after
November.
Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to appoint Tom Hagood to serve on the Central
Florida Sports Commission.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley stated a study was done and the County entered into a contract on the
Deferred Compensation. He stated that
contract called for an annual evaluation to review those that may not be
performing and look at others that might be brought into the program for
consideration. He asked the
COMMITTEE REPORTS
Chairman
Henley stated he had an opportunity, as a funding partner of commuter rail, to
ride on the train with Governor Bush and other dignitaries, and they had an
announcement regarding the agreement with CSX.
He stated it looks like they will have an agreement with that and the
target date will be sometime in 2009.
Upon
inquiry by Commissioner Dallari, Chairman Henley advised it was indicated that
all the details for the agreement will be provided to the Board.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were “received and filed”:
1. Letter dated
2. Memorandum dated
3. Notice of
4. Letter dated
5. Letter dated
6. Letter dated
7. Copy of Letter of Intent dated
8. Memorandum dated
9. Copies of identical letter (with
attachments) from Cynthia Coto, Co. Manager, re: Traffic Signal Agreements to
the following: Robert Yehl, City
Manager-Sanford; Gerald Seeber, City Manager-Oviedo; John Litton, City
Manager-Lake Mary; John Drago, City Administrator-Longwood.
10.
Grants
activity report for FY 2005/06 third quarter.
11.
Copy
of memorandum dated
12.
Letter
dated
13.
Letter
dated
14.
Letter
dated
15.
Letter
dated
16.
Copy
of letter dated
17.
Contract
for services, as shown on page _______, between Seminole Co. Government and the
following: Susan Dodd (Supervise and score
keep – softball) and Lawana Stewart (scorekeeper).
18.
Copy
of letter dated
19.
City
of
20.
Copy
of memorandum dated
21.
Memorandum
dated
22.
Letter
dated
23.
Copy
of a memorandum dated
24.
Copy
of a memorandum dated
25.
Copy
of letters dated
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Carey stated she attended the Wekiva River Basin Commission meeting on July 28
and the Wekiva Nitrogen Contribution Study was brought up. She stated the Dept. of Health Research and
Review Advisory Committee voted to conduct a study and receive proposals from
both the private sector and public agencies to do this study. She said $250,000 was allocated from various
entities to coordinate efforts to produce a report to the Legislature. The rulemaking has been put on hold until the
report is completed.
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Commissioner
Carey stated the City of
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Commissioner
Carey stated the East Central Florida Regional Planning Council will be meeting
on August 16, 2006, and the Seminole County Hob Nob will be held on Thursday,
August 17, 2006 at the Orlando Marriott.
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Commissioner
Dallari complimented Ms. Coto and I.T. staff for getting the
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Commissioner
Dallari stated two weeks ago he brought up an issue relating to property being
set aside for a fire station on SR 426 and SR 417 and he hasn’t seen anything
on that.
Ms.
Coto advised she will bring that back at the August 22, 2006 meeting.
Commissioner
Dallari stated the Board had discussions relating to a piece of land on
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Commissioner
Dallari stated he accompanied the Economic Development Commission on a mission
to
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Commissioner
Van Der Weide announced that the Red Hot and Boom in
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Commissioner
Van Der Weide requested Ms. Coto to coordinate with the Code Enforcement staff
to take a look at the Sabal Point Golf Course as he is getting complaints of
code enforcement violations.
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Commissioner
Van Der Weide stated he met with the homeowners in the Wekiva area last night
relative to their golf course issues. He
stated he informed them that it would be a good idea to contact each Board
member individually.
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Commissioner
Morris advised there has been some strong citizen interest over the last few
months on the natural lands. He stated
the natural lands money has been extinguished and trail money is not going to
be able to accomplish everything. The
price of land has doubled or more, and the Board has an opportunity at the
November General Election to ask the voters if they want to do a .2 mill for a
10-year period. This will make an
extensive dent in the natural lands program and trails shortfall. He stated .2 mill will raise about $50
million.
Commissioner
Dallari stated he feels that is a great idea and suggested to have staff put
something together and bring this back to the Board.
Commissioner
Van Der Weide stated he is never against putting anything on the ballot as the
citizens can make the choice, but he would be hesitant to put anything on the
ballot that could probably interfere with the school needs. He said anything that will add to the millage
and to the burden of the citizens he cannot support at this time.
Chairman
Henley stated he feels it would be appropriate to ask staff to come back with
more information. He stated he would
like to have more discussions with the Superintendent of School regarding the
schools. This may be a little premature
as the School Board has not settled anything with the library and school
issues. He said he sees nothing wrong
with getting Ms. Coto and staff’s input on this.
Commissioner
Morris stated the School Board anticipated submitting something a year ago and
the Board has not heard anything. He
stated his goal is to have a proper report be brought back.
Mr.
McMillan stated the advertising requirements for referendum, once it is on the ballot, are
that it has to be advertised so many days before the election. He said the Supervisor of Elections indicated
that the Board could adopt the ordinance as late as the September 12 meeting.
Chairman
Henley stated the Board’s consensus
is to have staff bring back information on the status of the management program
and the needs for same.
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Commissioner
Morris stated at the last meeting Commissioner Van Der Weide brought up the
issue of his voting record on tax increases and he indicated that he voted for
the ninth-cent local option gas tax. He
referred to the August 30, 1993 BCC minutes and advised that issue was voted on
during that time and he was not on the Board at that time.
Chairman
Henley requested that Commissioner Morris distribute the minutes for the
record.
Commissioner
Morris stated the utility tax issue was brought up during a work session and
never voted on. He stated he stands on
his record.
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Commissioner
Morris stated many of the citizens who are running for office have ignored the
law of where they are permitted to put political signs. He asked Ms. Coto if she has come up with a
plan for a quick sweep using the Public Works Department and Code Enforcement.
Ms.
Coto stated the Sheriff’s Office has indicated that they are going to contact
the candidates to make them aware and if they do not come into compliance, they
would remove the signs. She stated she
has had preliminary discussions with Mr. Johnson but she has not established a
date to do a sweep.
Commissioner
Morris stated the right-of-way is not a code enforcement issue, but violations
of sign codes are code enforcement issues that deal with signs on private
property that are illegally there. He
stated he feels these signs are out of control.
The County does not give courtesy calls to apartment buildings or
clinics, but apparently people wanting to be politicians want these calls and
this has not been done in the past.
Ms.
Coto stated her comments, as they relate to code enforcement, were based on the
Sheriff’s office policy.
Commissioner
Morris recommended that Ms. Coto get the road crews out there to clear the
rights-of-way.
Upon
inquiry by Chairman Henley, Mr. McCollum advised the State has the
responsibility to police signs on state road rights-of-way. He stated he can contact Jim Woods, FDOT in
Commissioner
Van Der Weide stated the Board can change the ordinance to do away with the
larger signs.
Chairman
Henley stated he has not heard any objections to the size but only the location
of the signs.
Commissioner
Carey stated there have been some issues along the
Commissioner
Van Der Weide stated he is in favor of sweeping these signs.
Commissioner
Morris requested Ms. Coto to make a call this afternoon.
CHARTER
AMENDMENTS
Commissioner
Carey stated as she was reading through all of the charter amendments and found
there is no cost associated with implementing the Charter changes and no one
will know what the financial impact will be.
She stated several of these charter amendments being proposed will cause
this County to do code enforcement and there are costs associated with
that. She said she feels there should be
a requirement of the Charter that if there is going to be a recommendation for
a change to the Charter, there should be a financial implication indicated as
to what the cost would be.
Chairman
Henley stated if there is consensus of the Board, Mr. McMillan will place draft
the appropriate ballot language.
Mr.
McMillan stated the language would state that all the charter amendments must
be accompanied by an Economic Impact statement.
Mr.
McMillan stated if the Charter Commission proposes a charter amendment, they
would be tasked with providing an economic impact analysis. He stated he doesn’t know if there is a check
and balance or if the County would be required to do an impact analysis.
Chairman
Henley stated the County is required to provide support to the Charter
Committee.
Commissioner
Carey stated she feels the County should provide the analysis and what the
financial impact would be to the County, and it would become part of the
language in the ballot and not a separate item.
Chairman
Henley stated the question would be shall the County be required to provide a
cost analysis on any charter change.
Mr.
McMillan stated the easiest way to do this is to require the Charter Review
Commission to obtain from the County a cost analysis of that and include that
number within their ballot language.
- - -
Commissioner
Morris recommended a charter amendment requiring the CRC to meet every ten
years instead of six years. He stated if
the CRC meets every 10 years, the citizens can always bring up a charter
initiative by petition. The
- - -
Commissioner
Morris stated the CRC is requesting to transfer the financial functions of the
Clerk, but did not request transferring the Clerk’s function of the BCC. He stated it seems to him that it would be
logical, in terms of record keeping, that the administrative functions should
be under the
Upon
inquiry by Chairman Henley, Mr. McMillan advised the Constitution says the
Clerk is a County official and has constitutional duties under the Clerk of the
Circuit Court. It also provides that
absent a provision in the Charter, the Clerk shall also serve as Clerk to the
BCC, auditor, recorder and custodian of funds.
The Charter Commission left the Clerk to the Board and the duties as
county recorder with the Clerk’s office and spun off the auditor roll to a
County auditor and spun off the custodian of funds to the
Commissioner
Morris stated the idea is to get this drafted and get it appropriately
advertised.
Commissioner
Van Der Weide stated he is willing to live with what the voters decide on. He stated he might be campaigning against
taking this away from the Clerk as she has demonstrated she is a capable
person. He said he feels the CRC meeting
every 10 years makes sense to him.
Commissioner
Carey stated she doesn’t think what is being proposed by the CRC is a
conflict. She stated the CRC tried to
separate the items so that any one of those functions can stand on its own.
Mr.
McMillan stated the Board may want to hear from the
Commissioner
Morris stated he doesn’t see in any way what they are doing conflicts with the
CRC.
- - -
Commissioner
Morris referred to another issue relating to the auditor’s financial function
being turned over to the
Commissioner
Carey stated she believes it is important that the BCC have a person
accountable to them for the audit function.
She stated they already have an elected official doing it now and she
would not support that. She said she
feels they should have someone that they can depend on to answer to the Board
and to provide audits when necessary.
She added she also believes that person should be a CPA to hold that
position.
Commissioner
Van Der Weide stated a lot of people in the community would like to think that
these people serve the citizens of the county and not the BCC. He stated whatever portion of government they
audit they are serving the citizens. He
said they may end up with the fox guarding the hen house if everything goes to
the BCC and he would have a problem with that as a voter.
Commissioner
Morris stated he doesn’t think 2% of the voters know that the Clerk does the
audit functions.
Commissioner
Carey stated the CRC reviewed the audits performed over the last ten years and
they found the audits were done but there was never any follow up. She said she would like to be able to hold an
auditor accountable to the level the BCC believes the audit function should be
done, and if they are not doing that the BCC can terminate them and hire
someone that would do it.
Commissioner
Van Der Weide stated he feels the Clerk is accountable to the citizens.
Chairman
Henley stated he believes there is no
consensus on this issue.
- - -
Commissioner
Morris suggested that if ballot language number two, (Code of Conduct) passes,
the BCC should consider by ordinance that the appointees of other boards, such
as the Planning & Zoning, Board of Adjustment and Charter Review
Committees, would not be able to lobby any entities including the BCC.
Chairman
Henley stated the Board can adopt an ordinance for this and it doesn’t have to
go before the voters.
Commissioner
Morris stated he would like consensus from the Board to allow Mr. McMillan to
bring back something for consideration.
The Board voiced no objections
to same.
Mr.
McMillan clarified he believes there is consensus
from the Board to prepare charter amendment for requiring the CRC to meet every
10 years, economic impact statements for charter amendments, and to remove all
the Clerk duties to the BCC.
Ms.
Coto informed the Board of a reception at 5:00 p.m. at the
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:26 p.m., this same date.
ATTEST______________________Clerk_____________________Chairman
slm/er