BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

SEPTEMBER 9, 2008

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, September 9, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Mike McLean (District 2)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Court Maryanne Morse

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     Dr. John Holloway, Pastor of 1st Baptist Church of Sweetwater, Longwood, gave the Invocation. 

     Commissioner Bob Dallari led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-208, as shown on page _______, proclaiming the fourth Monday in September as “Family Day – A Day to Eat Dinner with Your Children”. 

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

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Cindy Coto, presented the Consent Agenda, advising there is a typographical error on page 1 of the Crappie Masters Inc. Agreement (Item #12) and new pages (10 & 11), which were missing, have been distributed.

 


     Upon inquiry by Commissioner McLean, Administrative Services Director, Frank Raymond, addressed the Board to advise under Item #6, the County used to maintain some of the city of Lake Mary’s specialized vehicles, but that has stopped. 

     Under Item #10, Third Party Administrator Contract, Support Services Manager, Meloney Lung, addressed the Board to advise Commissioner McLean, that the County will be going out to bid next year with regard to this contract. 

     Commissioner McLean questioned if the City of Sanford is contributing any funds to Item #13, 2008 Sanford Chamber Thunder in the Streets Bike Fest.  Whereupon, Ms. Coto stated she will find out and report back later. 

     The Board agreed to pull Item #19, Budget Amendment Resolution for Water & Sewer Capital Projects, for a separate discussion. 

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

Administrative Services

Purchasing and Contracts

 3.  Award RFP-600466-08/BJC - HVAC Maintenance and Repairs Agreement, as shown on page _______, to JPI Mechanical Services, Inc., Casselberry (Annual Not-to-Exceed Amount $889,000.00).

 4.  Approve and authorize the Chairman to execute the First Amendments, as shown on page _______, to Agreements regarding CC-2183-07NFT with Vision IV Construction, Inc. of Orlando, Florida; Mailand Holdings LLP d/b/a Maze Homes of Melbourne, Florida; Corinthian Builders, Inc. of Sanford, Florida; Sovanic, Inc. d/b/a Manor Homes of Orlando, Florida; and Unipark Construction Corporation of Casselberry, Florida. The amendments replace the Insurance Limits included within the Award Agreement with the Insurance Limits that were publicly advertised within Section 00700 — "Insurance" of the original solicitation package and also adjust the two (2) year Agreement base period for Vision IV Construction, Inc., Mailand Holdings LLP and Corinthian builders, Inc. to end on June 8, 2010, to ensure that all Master Agreements run concurrently.

 5.  Approve and authorize the Chairman to execute the First Amendments, as shown on page ________, to Agreements regarding CC-2184-07NFT with Posey Builders Construction, Inc. of Lake Monroe, Florida; RLH Consulting & Management, Inc. d/b/a R.L.H. Construction of Sanford, Florida; Vision IV Construction, Inc. of Orlando, Florida; Unipark Construction Corporation of Casselberry, Florida; and Corinthian Builders, Inc. of Sanford, Florida. The amendments replace the Insurance Limits included within the Award Agreement with. the Insurance Limits that were publicly advertised within Section 00700 -"Insurance" of the original solicitation package_ In addition, adjust the two (2) year Agreement base period for Posey Builders Construction, Inc., RLH Consulting & Management, Inc., Vision IV Construction, Inc. and Corinthian Builders, Inc. through the end on June 8, 2010, to ensure that all Master Agreements run concurrently.

 6.  Approve and authorize the Chairman to execute Amendment #3, as shown on page _______, to RFP-0863-06/BLH with SERCO, Inc. of Vienna, Virginia, that makes minor reductions in scope to maintain the annual Operating Target amount of $4,008,119.52.

 7.  Approve and authorize the Chairman to execute Amendment #19, as shown on page _______, to PS-332-96/BJC with Bowyer-Singleton & Associates, Inc. Orlando, Florida to increase the Fixed Fee amount to $1,481,874.34.

 8.  Approve the Proprietary Procurement for the purchase of SePRO herbicide products to include Sonar One for lake treatment of hydrilla through local distributors on an as needed basis, not to exceed approved budget.

 9.  Rescind award to Terminix Commercial and award RFP-600326-08/TLR — Pest Control Services Contract, as shown on page _______, to Anteater Pest and Lawn Services, Winter Park (Estimated Annual Usage $50,000.00).

Support Services

10.  Approve and authorize the Chairman to execute the Third Party Administrator (TPA) Contract, Addendum Number V, as shown on page _______, with Johns Eastern Co., Inc. for the period of 10/01/2008 through 9/30/2009 in the amount of $106,425.00.

11.  Authorize the renewal of the Life & AD&D, and the Long Term Disability policies as recommended by the Risk Management Executive Committee.

Economic Development

Tourism Development

12.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Crappie Masters, Inc. for the 2009 Crappie Masters Florida State Championship in the amount of $25,000.00.

13.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Sanford Chamber of Commerce for the 2008 Sanford Chamber Thunder in the Streets Bike Fest in the amount of $10,000.00.

 

Environmental Services

Business Office

14.  Approve the release of the original Water and Sewer Maintenance Agreement with Letter of Credit in the amount of $38,132.00 for the project known as Regency Estates Ph 2.

Planning, Engineering & Inspections

15.  Approve the Amendment, as shown on page _______, to Exhibit "G" Sewer Agreement for the project known as Tesoro Townhomes.

Water and Sewer

16.  Approve participation in the amount of $25,000.00 to the St. Johns River Water Management Districts 2009 Water Conservation Public Awareness campaign. Authorize Department to submit participation form for funding.

Fiscal Services

Administration - Fiscal Services

17.  Approve and authorize the Chairman to execute the FY 08/09 Annual Certified Budget Form, as shown on page _______, required to establish the Seminole County Mosquito Program as a state approved program and to secure eligibility to receive grant funds.

18.  Approve and authorize the Chairman to execute the Grant Agreement, as shown on page _______, between the Florida Division of Emergency Management and Seminole County in acceptance of $6,472.00 in grant funds through their Hazards Analysis Program.

Budget

20.  Approve and authorize the Chairman to execute a Resolution #2008-R-210, as shown on page _______, implementing Budget Amendment Request (BAR) #08-96 through the Public Safety Grants (State) Fund in the amount of $6,472.00 to allocate the Florida Division of Emergency Management's Hazards Analysis Grant.

Information Technology Services

Operations

21.  Approve and authorize the Chairman to execute the First Amendment, as shown on page ________, to the Fiber Optic Interlocal Agreement between Seminole County, the Sheriff's Office, the Supervisor of Elections' Office, and the Sanford Airport Authority.

Planning and Development/Development Review

22.  Authorize the release of the Private Road Maintenance Bond #1015466 in the amount of $113,928.70 for the Lake Forest Subdivision Sections 9A and 9B road improvements.

23.  Authorize the release of the Performance Bond (Water & Sewer Systems) #898815017259 for Banyan Pointe Subdivision. (Ashton Orlando Residential, LLC).

24.  Authorize the release of the Airport Blvd. Right-of-Way (ROW) - Brio Commerce Center Paving and Drainage Improvements Maintenance and Escrow Agreement and the Paving and Drainage Improvements Cash Maintenance Bond in the amount of $2,986.50 for the Airport Blvd. Right-of-Way - Brio Commerce Center road improvements.

25.  Approve and authorize the Chairman to execute the minor plat for Palmer's Lake Brantley Estate located east of W. Lake Brantley Drive at 2201 Peninsular Court in Section 4, Township 21S, Range 29 E. (James & Lisa Palmer, applicant).

Public Works

Engineering

26.  Approve and authorize the Chairman to enter into an Interlocal Agreement, as shown on page _______, with the city of Casselberry relating to landscape and irrigation installation, and ongoing maintenance of landscaping and irrigation, on a portion of Seminola Boulevard in conjunction with the Lake Drive Phase I Project.

Traffic Engineering

27.  Approve and authorize the Chairman to execute the Signage Agreement, as shown on page _______, between Seminole County and Bolling Farms Homeowners Association, Inc.

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

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     Discussion ensued with regard to Item #19, Budget Amendment Resolution in the amount of $27,309,406 to increase/decrease funding of capital projects for Water & Sewer.   Chairman Carey stated she wants to make sure staff is managing the priorities based on critical services and compliance issues and not getting the “cart before the horse”. 

     Dr. John Cirello, Environmental Services Director, addressed the Board to assure the Board that staff is managing the bond issue and the dollars that are allocated for the CIP.   He briefly discussed the ozone program. 

     The Chairman said she believes staff is doing a great job and she just wanted to make sure they are not getting ahead of themselves. 

     Motion by Commissioner Dallari, seconded by Commissioner Henley to adopt appropriate Budget Amendment Resolution #2008-R-209, as shown on page _______, implementing Budget Amendment Request #08-95 through the Water and Sewer Funds in the amount of $27,309,406 to increase/decrease funding of capital projects. 

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

AWARDS & PRESENTATIONS, CONTINUED

     Amanda Ghaffari, Florida Association of Counties, addressed the Board to present Senator Lee Constantine the “County Champion Award”.  She said the Senator is well respected across party lines in Tallahassee and it is because of people like him that they are able to make progress. 

     Chairman Carey commended Senator Constantine for doing a wonderful job. 

     Senator Lee Constantine addressed the Board to express his appreciation for receiving this highest honor and said that it has been a privilege and honor to serve the community for the past 30 years. 

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner McLean, seconded by Commissioner Dallari to approve proposed pre-trial settlement relating to Parcels #226A/826B, 226B/226D/826C/826D, and 226C/826A on the East Lake Mary Boulevard Phase IIB Project, in the amount of $493,000, which includes land value, severance damages, statutory interest, statutory attorney’s fees, expert fees, and cost reimbursements, Strategic Acquisitions Corp. 

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

CONSTITUTIONAL OFFICIERS CONSENT AGENDA

CLERK’S OFFICE

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

29.  Expenditure Approval Lists, as shown on page _______, dated August 11 & 18, 2008; Payroll Approval List, as shown on page _______, dated August 7, 2008; and approval of BCC Minutes dated August 12, 2008. 

 

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

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

1.    Work Order #19, as shown on page ______ to PS-5175-04.

 

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

 

3.    Contract for Services, as shown on page _______, for Ja-net C. Fishback.

 

4.    M-3653-08 Basic Agreement, as shown on page _______, with Epic Engineering & Consulting Group.

 

5.    M-3687-08 Basic Agreement, as shown on page _______, with Environmental PR Group.

 

6.    Closeout, as shown on page _______, for CC-2648-07.

 

7.    Federally-Funded Homeland Security Subgrant Agreement, as shown on page _______, with Dept. of Emergency Management, as approved by the BCC on January 22, 2008.

 

8.    Sixth Amendment, as shown on page _______, to RFP-1091-06 Custodial Services Agreement, The Budd Group.

 

9.    Work Order #34, as shown on page _______, to PS-1074-06.

 

10.    Cash Maintenance Bond with Escrow Agreement, as shown on page ________, in the amount of $1,294.87 for the project known as Pools By Bradley.

 

11.    Work Order #12, as shown on page _______, to CC-0012-05.

 

12.    Amendment #1, as shown on page _______, to Work Order #6 to PS-5182-05.

 

13.    Change Order #2, as shown on page _______, to CC-2648-07.

 

14.    First Amendment, as shown on page _______, to Planning Funding Agreement/Sprint Nextel Corp.

 

15.    M-3763-08 Basic Agreement, as shown on page _______, ZHA, Inc.

 

16.    Work Order #3, as shown on page _______, to RFP-2251A-07.

 

17.    Second Amendment, as shown on page _______, to IFB-600168-07.

 

18.    Change Order #1, as shown on page ______, to CC-2244-07.

 

19.    First Amendment, as shown on page _______, to PS-1182-06.

 

20.    Cash Maintenance Bond and Escrow Agreement, as shown on page _______, in the amount of $1,044 for the project known as Maple Leaf Commerce Center; Escrow Agreement and Cash Maintenance Bond in the amount of $1,800 for the project known as Norrell Office Site; Maintenance Agreement in the amount of $13,526.60 for the project known as Regal Pointe Park; and Maintenance Agreement in the amount of $180,536.20 for the project known as I-4 Industrial Park Sections 5 & 6.

 

21.    Amendment #1, as shown on page _______, to Work Order #24 to PS-5190.

 

22.    BOA Development Orders, as shown on page _______, as follows:  #08-30000054, Maryann Fitzgerald variance; #08-30000055, Takchileey & Tian Chan variance; #08-30000056, Cayce Forrester variances; #08-3100057, Raymond & Ann Converse variance; #08-30000058, Brian & Mindy Shams variance; #08-30000059, Sandra McCready variance; #08-3100060 Mary Ferraro variance; #08-30000061, Florida Conference Association of Seventh Day Adventist variance; #08-30000062, David & Cheryl Boyd variance; #08-30000064, Alcides Beauchamp variance; #08-32000005, SCI Funeral Serv. of Fla. Inc. Special Exception; #07-300005, Luis Linares variance; #07-3000006, William Gribben variance; and #08-31000007, Richard Center. 

 

23.    Conditional Utility Agreements, as shown on page ________, for Water and Sewer Service with Odyssey (III) DP, IV LLC for the project known as Bridgewater Commons Out Parcel.

 

24.    Utility Agreement, as shown on page _______, for Sewer Service with Fields MotorCars of Central Florida, Inc. for the project known as Fields BMW.

 

25.    Amendment #1, as shown on page ______, to Work Order #2 to PS-5139-03.

 

26.    Head Tennis Pro Agreement, as shown on page _______, with Brian Morrissey.

 

27.    Closeout, as shown on page _______, for CC-1237-06.

 

28.    Work Order #35, as shown on page _______, to PS-1074-06.

 

29.    Fourth Amendment, as shown on page _______, to IFB-3110-05.

 

30.    RFP-600323-08 Term Contract, as shown on page _______, for Electronics Collection and Recycling, Great Lakes Electronic/Almet, Inc.

 

31.    Amendment #1, as shown on page _______, to Work Order #4 to CC-2190-07.

 

32.    Work Order #13, as shown on page _______, to CC-1741-07.

 

33.    Bids as follows:  IFB-600445-08; RFI-600486-08; and IFB-600464-08.

 

REGULAR AGENDA

     Planner, Austin Watkins, addressed the Board to present the Final Master Plan and Developer’s Commitment Agreement for the Dello Russo Residence PUD, advising it consists of 10.29 acres, located at the northwest corner of Markham Woods Road and S. Stone Gate, Robert Dello Russo.  He further advised that the PUD is approved for one single family dwelling no larger than 36,000 square feet and one guest house no larger than 6,000 square feet.  The applicant is proposing access through an existing driveway on Markham Woods Road, a 6-foot masonry or brick wall with a landscaped berm adjacent to the Markham Woods right-of-way, and a 100 foot natural buffer and building setback adjacent to Markham Woods Road.  He added that staff recommends approval of the plan and agreement. 

     District Commissioner Carey recommended approval. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for the Dello Russo Residence PUD, consisting of 10.29 acres, located at the northwest corner of Markham Woods Road and S. Stone Gate, based on staff findings, Robert Dello Russo. 

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

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     Director of Fiscal Services, Lisa Spriggs, addressed the Board to present the request to amend the County’s Administrative Code Section 3.35, Investment Policy.  She stated First Southwest Asset Management, Inc. conducted a review of the investment portfolio and policy and has issued a report. 

     Scott McIntrye, First Southwest Asset Management, Inc., addressed the Board to state the most important thing to take away from the review and the report, is that the County’s portfolio, in his opinion, is just fine.  He said there are no undue concerns and no problems with it.  He also said that the policy is consistent with the State law.  However, he would recommend some clarifications in order to “tweak” the policy; and he reviewed same as outlined in the agenda memorandum.  He discussed the portfolio, stating overall it is very well diversified. 

     Ms. Spriggs reviewed the additional four changes to the proposed policy (copy received & filed) that the Clerk of Circuit Court has requested, stating the first one is to insert the word “flex” under Section E, third sentence.  She said staff has no problem with this as this is recommended for clarification.  She stated the requested change under F (1), is to insert the word, “provided quarterly by the Board.”  This refers to the revenue flow and anticipated cash inflows.  She said the replacement language staff is proposing is as follows:  “Revenue flows and anticipated cash inflows will be analyzed and considered in the investment decision.  To optimize funds as well as insure sufficient liquidity the County will provide the Clerk with cash flow forecasts reflecting the amount needed to remain liquid to meet disbursement obligations.  The cash flow forecasts will reflect an estimate of cash receipts and disbursements by quarter for a rolling two-year period, as well as identify core funds or those funds available for longer-term investing.”  She advised that the Clerk is requesting that also under F (1), last sentence, second paragraph that the following language be deleted, “Maximum Maturities may be exceeded when deemed beneficial with Board authorization.”  She explained that the staff is recommending keeping this sentence in because in cases where staff knows their plans are more longer term, they want to be able to come to the Board and take different action.   The last requested change is under Internal Controls (page 8) and the Clerk is requesting the following language be deleted, “Written procedures shall be maintained and shall consist of the following”.  Ms. Spriggs said staff feels this language needs to be kept in the policy. 

     Clerk of Circuit Court, Maryanne Morse, stated that with regard to the first issue, “Maximum Maturities may be exceeded when deemed beneficial with Board Authorization” (F), this brings up a couple of issues that she does not believe the Board needs to be involved with.  She said the odds of exceeding these maturities are slim to none; and whomever the portfolio manager should be, comes to the Board and recommends that the investment exceed those maturities and the Board approves it, the Board would be blamed if that investment goes “south.”  She stated that in her conversations with Gary Akers (County’s Financial Advisor) they both agreed that it makes for a much tighter policy if this language is not in it.  Discussion ensued. 

     Chairman Carey stated the realty is if the Board wanted to have this discussion and amend the policy they could do that at any time. 

     Upon inquiry by Commissioner McLean, Ms. Spriggs stated staff wanted to make the policy timeless. 

     Commissioner Henley said that he senses, with the Clerk’s comments, that part of the concern is that the language doesn’t specify who initiates taking this to the Board.  He suggested clarifying the language as follows:  “The Clerk, with the Board’s approval, may exceed the maturity limits.” 

     Ms. Morse stated that is part of her concern and if the Board wants to specify that, it is fine; but she does not believe it is necessary. 

     County Attorney McMillan stated the maximum maturities are the maximum maturities and can only be exceeded if the Clerk brings them to the Board.  He said even if the staff brought it forward and the Board approved it, the Clerk could determine not to do it. 

     Chairman Carey clarified the language under F (Maximum Maturities) will be amended as stated by Commissioner Henley. 

     Ms. Morse stated the other issue is about Internal Controls.  She advised that when she wrote the initial policies, she put the internal controls in it for a couple of reasons.  Number one was transparency, and the second is that external auditors audit against these internal controls.  This makes it clear cut.  She said her concern with the last sentence added by staff was that the internal controls listed are not all the internal controls and she believes it is redundant because of the sentence above it. 

     Chairman Carey suggested the following, “Written procedures should be maintained.”  Ms. Morse agreed that is all that is needed. 

     Attorney McMillan suggested using the language that is in the prior policy which states, “Such controls shall consist for the purposes of the following.” 

     Ms. Morse stated that she is much more comfortable with leaving the entire paragraph as written in the prior policy and then adding, “Written procedures shall be maintained.” 

     The Chairman clarified that the language regarding Internal Controls (page 8) will be as stated by the Clerk.  The Board voiced no objections to same. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-211, as shown on page ________, amending the County’s Administrative Code Section 3.35, Investment Policy, as revised. 

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

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     The Chairman recessed the meeting at 10:45 a.m., reconvening it at 10:50 a.m., this same date. 

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     Assistant Planning Manager, Tina Williamson, addressed the Board to present request to reduce the penalty of Code Enforcement Lien, Case #02-19-CEB, Willie B. Madison, Heirs (former owners) and Home Savers Enterprise, Inc. (current owners).  She reviewed the case and advised staff is recommending a reduction from $91,909.36 to $3,281.43, which represents 10% of the assessed value of the property plus administrative costs of $716.43. 

     District Commissioner Carey recommended approval of the staff recommendation. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve reduction to the Code Enforcement Board Lien from $91,909.36 to $3,281.43, which represents 10% of the assessed value of the property plus administrative costs of $716.43 for Case #02-19-CEB, property located at 2191 Granby Avenue, Sanford, Willie Madison, heirs (former owner) and Home Savers Enterprise, Inc. (current owner) and require these costs to be paid within 60 days or the lien will revert to its original amount and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______. 

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

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     Director of Administrative Services, Frank Raymond, presented request for Board direction with regard to land acquisition for the Five Point Expansion Project – Parcels #03-20-315AY-0000-31A0, 03-20-31-300-0100-0000 and 03-20-31-300-0110-0000, a total of 28 acres, Khalil and Franziska Schmidt.  He advised the purchase price is $3,500,000 and due to a modification of the contract, same will be brought back to the Board on September 23.  Copy of proposed time schedule was received and filed. 

     Upon inquiry by the Chairman, Mr. Raymond advised the change in the contract had to do with the closing date and not the purchase price. 

     Commissioner Henley asked staff to provide an estimate on what the cost will be to bring this site up to construction. 

     Mr. Raymond advised there is an estimate that it would cost $1 million to bring the site up to grade; however that does not include the road modifications or utilities. 

     Chairman Carey stated East Lake Mary Boulevard is the eastern entrance to the County and she would rather have the offices to the front of the site and the public works yard to the back; and would prefer to have the administrative function moved from Reflections to the Five Points area. 

     Commissioner Dallari stated he would like to know how much it would cost to move the Reflections offices to this site. 

     Chairman Carey asked staff to provide numbers on what the cost saving (including escalator cost) would be if the County offices were moved out of Reflections. 

     Commissioner Dallari stated he would like to see a “bubble plan” and said some of the things on the schedule could be done simultaneously, which would reduce the timeline. 

     Upon inquiry by Commissioner Dallari, Development Review Manager, Larry Polinder, addressed the Board to advise staff has had a dialogue with the Airport and they have no problem with the proposed height of the building.  He added to date, they have not spoken with the city of Sanford. 

     Chairman Carey suggested staff look at acquiring the corner clip of property adjacent to the subject property. 

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     Support Services Manager, Meloney Lung, asked for Board direction with regard to the acquisition of parcels for future Fire Station #29.  She advised staff obtained best and final offers from the Aloma Square and Mikler Road properties. 

     Chairman Carey stated the biggest concern is time because this is a station that has been needed for some time.  Therefore, she would support the Aloma Square site because it already has a building pad and immediate construction can begin; however she would not recommend seeking out these types of commercial sites in the future. 

     Commissioner Van Der Weide said he is ready to move forward with the preferred site, Aloma Square. 

     Fire Chief Raw addressed the Board to discuss the response times for this area and necessity for the Aloma Square site. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to authorize the purchase of Parcels #31-21-31-515-0000-0020 and #31-21-31-515-0000-0030, consisting of a total of 2.23 acres owned by Aloma Square, LLC in the amount of $1,450,000, for the construction of future Fire Station #29; Purchase Agreement, as shown on page _______. 

     Districts 1, 2, 3 and 5 voted AYE. 

     Commissioner Henley voted NAY. 

COUNTY ATTORNEY’S BRIEFING

     County Attorney Robert McMillan advised the County is in receipt of Attorney General Bill McCollum’s Opinion asked for by Chief Judge Clay Simmons.  He said the Opinion supports the Board’s prior actions in that it is the option of the Board as to which positions they will fund. 

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     The Chairman announced that there is an Executive Session scheduled that will begin at 11:45 a.m. today. 

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     The Chairman recessed the meeting at 11:22 p.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to authorize filing the proofs of publication for this meeting’s scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

VACATE AND ABANDONMENT/PALMER

     Proof of publication, as shown on page_______, calling for a public hearing to consider adoption of a Resolution to vacate and abandon a portion of the platted public right-of-way known as Peninsular Court, as recorded in Plat Book 9, Page 67 in Section 4, Township 21S, Range 29E, James and Lisa Palmer, received and filed.

     Brian Walker, Senior Planner, addressed the Board to present the request, stating staff recommends adoption of the Resolution as presented.

     J. R. Ball, applicant’s engineer, addressed the Board to advise he was present to answer any questions.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to adopt appropriate Resolution #2008-R-212, as shown on page _______, vacating and abandoning a portion of the platted public right-of-way known as Peninsular Court, as recorded in Plat Book 9, Page 67 in Section 4, Township 21S, Range 29E; as described in the proof of publication, James and Lisa Palmer.

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


ORDINANCE AMENDING CHAPTER 85 OF

THE SEMINOLE COUNTY CODE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance amending Chapter 85 of the Seminole County Code pertaining to Fire Safety, received and filed.

     Tad Stone, Public Safety Director, addressed the Board to present the request, stating staff is not only trying to clean up the existing language, but identify the responsible agencies and authority, and to take into consideration the municipalities the County currently has interlocal agreements with.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to adopt Ordinance #2008-43, as shown on page _______, amending Chapter 85 of the Seminole County Code pertaining to Fire Safety; as described in the proof of publication.

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

     Mr. McMillan advised when the Board originally authorized this Ordinance for advertising, there was a portion that dealt with false alarms.  When staff reviewed this, they decided that portion was not ready to go so they pulled that out of the draft.  He wants to make sure staff has authorization to go ahead and bring that portion back without having to get further authorization to advertise. 

     The Board voiced no objections.

COMMUNITY REDEVELOPMENT AGENCY (CRA)

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution designating unincorporated areas of Seminole County, within the US 17-92 Community Redevelopment Agency (CRA), a Brownfield/Seminole Economic Enhancement District (SEED) area for the purpose of environmental rehabilitation and economic development, received and filed.

     John Metsopoulos, Economic Development, addressed the Board to present the request, advising the cities of Lake Mary, Winter Springs, Casselberry and Sanford have all adopted SEED Resolutions; and Winter Springs has adopted three other sites outside the 17-92 CRA; and the School Board has adopted one for their Sanford site.  He said the SEED Program is going to be a very good tool in the redevelopment of the 17-92 Corridor.  He thanked George Houston of the Department of Environmental Protection, who was in the audience, and expressed thanks for the support from the City Commissions, property owners, and the County Commission.  He said staff is recommending adoption of the Resolution.

     Commissioner McLean commended Commissioner Dallari for his efforts.  He said he thinks this is outstanding and is what the program should be used for. 

     Mr. Metsopoulos advised Commissioner McLean that this would be a very good program for SeminoleWay.

     Commissioner Dallari stated one thing Mr. Metsopoulos may want to look at is that by doing a SEED program on 17-92, it also converts it automatically to a green corridor, and it would be one of the first ones in the state of Florida.

     Chairman Carey stated staff wants to make sure all the County property at Five Points is included in this program. 

     Mr. Metsopoulos said if this area is already a part of the CRA, it is included.  If it is not in the CRA, then it would not be a part of the program.  He explained that the SEED program is following the exact lines of the CRA.

     No one spoke in support or in opposition.

     Motion by Commissioner McLean, seconded by Commissioner Dallari, to adopt appropriate Resolution #2008-R-213, as shown on page _______, designating unincorporated areas of Seminole County, within the US 17-92 Community Redevelopment Agency (CRA), a Brownfield/Seminole Economic Enhancement District (SEED) area for the purpose of environmental rehabilitation and economic development; as described in the proof of publication.

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

CHAIRMAN’S REPORT

     Chairman Carey stated she placed Teal T-Shirts at each Commissioner’s seat which she obtained from the Cancer Society because the month of September is for wearing teal for ovarian cancer awareness.  She said she hopes the Commissioners will wear the t-shirts during this month and also the lapel pens.  She said she wants to make the public aware of the ovarian cancer issues.

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     Chairman Carey advised of a request from Larry Dale to sign an antlerless deer hunting permit.  She said in the past two years this has been signed by the Chairman and Vice Chairman but she doesn’t know if it ever came before the Board.

     Commissioner McLean asked if anyone was aware of any issues or problems in the past, and Chairman Carey stated she was not aware of any. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari, to approve the request and authorize the Chairman to execute the antlerless deer hunting permit since there have been no negative issues associated with same in the past.

     Under discussion, Chairman Carey said she was not going to support the request because there is a season for antlerless deer hunting and she thinks there is plenty of time to do that.

     Commissioner Dallari asked what the Administrative Code of Florida or of any state has to say about this.

     Ms. Coto advised this is under the Division of Office Licensing and Permitting under the Florida Game and Freshwater Fish Commission.  They require that any time a private property owner wants to hunt outside the typical one week season, he has to obtain a permit.  She called the department yesterday and they have received the application.  The permit is based upon the number of acres and deer population.  The department goes through a whole analysis before they grant the permit.

     Chairman Carey advised Commissioner Dallari that she would be signing the application for the applicant to apply for the permit.

     Districts 1, 2 and 3 voted AYE.

     Commissioners Henley and Carey voted NAY.

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     Chairman Carey said she asked Sabrina O’Brien, Assistant County Manager, to show some pictures (received and filed) of the flooding in the County because she wants others to understand how significant it is.  She said the pictures were taken from the air of the St. Johns River shore, Mullet Lake Park, and Geneva areas.  She stated the water is beginning to subside, but they have some serious issues and some things that are going to have to be addressed. 

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     Chairman Carey reminded the Board about the upcoming Christian Sharing Center event, “Love Your Neighbor,” which is a walk at Cranes Roost in Altamonte Springs on September 27.  She said the Center is looking for corporate sponsors and people to help.

COMMUNICATIONS AND/OR REPORTS

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

 1.  Letter dated August 18, 2008 from William Dennis to Seminole County Board of County Commissioners re:  letter dated April 27, 2008.

 

 2.  Order issued August 19, 2008 approving standard offer contract and associated tariffs filed by Florida Power and Light.

 

 3.  Memorandum dated August 20, 2008 from Florida Agency for Healthcare Administration to County Commissions and others re:  Health Care Facilities Inspection Reports Posted on Agency's Web Site.

 

 4.  Copy of letter dated August 20, 2008 from Cathy Collins, Florida Department of Revenue, to David Johnson, Property Appraiser, re:  Finalized Salaries of County Constitutional Officers for FY 2008-2009 and associated budget amendment.

 

 5.  Letter dated August 22, 2008 from Michael Jones to Commissioner Brenda Carey re:  praise for County Employee, Keith Scarberry.

 

 6.  Letter dated August 22, 2008 from Congressman John Mica to Chairman Brenda Carey re: delay of appropriations bills.

 

 7.  Letter dated August 22, 2008 from Stephen Noto, Planner, City of Lake Mary, to Chairman Brenda Carey re:  notification of voluntary annexation — Seminole Community College, Heathrow Campus.

 

 8.  Letter dated August 25, 2008 from Selma Jaskowski, Principal Investigator, University of Central Florida, to Chairman Brenda Carey re:  thank you for support and notice of grant award for Central Florida Memory project.

 

 9.  Memorandum dated August 25, 2008 from Ray Valdes, Seminole County Tax Collector, to Chairman Brenda Carey and the Board of County Commissioners re:  delay of Value Adjustment Board hearings and authorization to begin collection of the 2008 tax roll.

 

10.  Notice of Public Hearing received August 26, 2008 from Orange County re:  Sweetwater Golf and Country Club PD.

 

11.  Copy of letter dated August 26, 2008 from Lisa Spriggs, Seminole County Fiscal Services Director, to George Kosmac, Seminole County Public Schools, re:  Interlocal agreement between Seminole County and the Seminole County School Board relating to administration of the School Boards' share of funds under the Cent for Seminole Local Sales Surtax for the Schools Board's Education Improvement Projects.

 

12.  Letter dated August 27, 2008 from Skip Bafalis and Jim Davenport of Alcalde & Fay to Chairman Brenda Carey re:  Congress's plan to reauthorize SAFETEA-LU with attached survey.

 

13.  Letter dated August 28, 2008 from the City of Sanford to Seminole County Board of County Commissioners re:  Notice of Ordinance 4122 to annex 8.03 acres between Rinehart Road and CR 46A and between Cherry Laurel Drive and Rinehart Road.

 

14.  Copy of memorandum dated August 29, 2008 from Harry Barley, MPO, to Executive Committee Members re:  Rental Car "Customer Facility Charge" at Orlando International Airport.

 

15.  Letter dated September 2, 2008 from Attorney General Bill McCollum to Judge Simmons and Chairman Carey re:  Formal opinion — fund position of a special magistrate appointed by the Chief Judge.

 

16.  Notice of Public Hearing received September 3, 2008 from the City of Altamonte Springs re:  variance at 825 Altamonte Drive.

 

17.  Letter dated September 4, 2008 from Charles Gauthier, Florida Department of Community Affairs, to Chairman Brenda Carey re:  completion of review of Seminole County's Comp Plan Amendment (DCA No. 08-1).

 

18.  Notice of Public Meeting received September 4, 2008 from the City of Sanford re:  rezone within the Georgetown neighborhood and along portions of Palmetto, Sanford, Celery, and Mellonville Avenues.

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Henley stated some of the Commissioners were aware of the concerns expressed with Sun State Trees’ inability to meet the conditions of the permit, which has gone before the Code Board.  He did not agree with the ruling they made recently.  He asked the County Attorney to look into what options the BCC may have and report back at the next meeting.

     Upon inquiry by Commissioner Dallari, Commissioner Henley explained there are some legal ramifications involved in this.  The Code Enforcement Board’s ruling gave them until September, 2009, to make some corrections, but did not deal with the other violations.  He thinks it is something the BCC needs to review.

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     Commissioner Henley distributed to the Commissioners copies of a letter (copy received and filed) he received from Mayor Crotty sent to him as Chairman of Lynx.  He stated the Lynx Board took the position that the budget was out of balance and addressed that Orange County was not paying according to the formula that Seminole and Osceola counties had been paying through the years.  The Board took action they would no longer take out of the funds provided by the federal government for new buses and preventative maintenance to balance the budget.  He sent a letter to Mayor Crotty outlining the action of the Lynx Board, along with about 19 pages of potential cut routes that would be all in Orange County.  This is the letter he received today from the Mayor where he mentions several things he has concerns about.  Commissioner Henley discussed points of the letter, including their disagreement with the current formula for funding; their proposal to pay based on population or property values; and mention of funding contributions on a per capita basis.  Commissioner Henley said there are several things the Commissioners need to look at, because Mayor Crotty wants to discuss these matters.  One of the things he wants to discuss at the next Lynx Board meeting is the possibility of a regional taxing district so that everybody within that region would pay the same amount based upon the millage.  Commissioner Henley said he is not opposed to looking at that type of concept, but he is opposed to them making up the number of board of directors based upon financial contributions.  There is also the idea of looking at the possibility of privatization, which they discussed before, but the idea was dropped because it did not appear there would be any particular savings.   He asked the Commissioners to review the letter and give him any feedback in regard to if they want to join in trying to get legislation to create a taxing district.  He said it would take a referendum by each county unless they are going to have a regional vote.

     Upon inquiry by Chairman Carey, Commissioner Henley stated this would be a dedicated funding source for transportation.  He also confirmed with Commissioner Dallari that a regional taxing district would be a long-term solution, and he said Mayor Crotty did not have a short-term solution.  He said the Lynx Board will be voting on the budget at their next meeting.

     Commissioner Dallari requested a copy of the independent study that Orange County had done by a consultant.

     Commissioner Henley stated the last time the Lynx Board dealt with changes in the routes and reductions, there was standing room only with some business people from Orange County saying don’t cut the funding.  He said he listened to them and advised what they need to understand is that Lynx did not create this problem and can’t solve this problem, and they needed to go to the County Commissioners of their county.  Also, he told them that Lynx provides the service and each county needs to pay for the services they get.

     Commissioner Henley reminded the Commissioners that in November they need to decide who will represent the BCC on the Lynx Board.

     Commissioner Van Der Weide stated Commissioner Henley has to be commended for bringing this problem to a head.  He said these issues will have to be addressed and certainly before the commuter rail comes on board.  The answer has got to be dedicated funding.

     Commissioner McLean agreed that they are going to have to look at some regional, dedicated funding answer.

     Commissioner Henley said one of the things that is not getting enough “play” is air quality.  He said right now if the new rule was in effect, they would be out of compliance and all the federal funds coming to Seminole County would be off the table.  They have a short time to do this.  That is one of the main issues that mass transit and commuter rail could help them solve.

     Chairman Carey stated they have been talking about a dedicated funding source for Lynx for a long time and, at least, this may be the item that brings it to a head.

     Commissioner Henley said he commended Mayor Crotty for coming forward to sit down and talk about these ideas.

     Chairman Carey said the MPO workshop is tomorrow and she is sure this will be some of the discussion they will have.

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     Commissioner Dallari stated they have all been suffering from issues with flooding from Tropical Storm Fay.  Most of the County is pretty well saturated, if not flooded.  He has been briefed by staff about Lake Pickett/Chuluota area; particularly, Lake Mills Road.  He said he has been talking to staff and some of the residents that we are having some issues about the Lake Pickett and Chuluota areas in reference to the flooding of Lake Mills Road and surrounding areas.  The road is closed now and will be for quite a bit of time.  He asked Gary Johnson to give an update.

     Gary Johnson, Public Works Director, addressed the Board to state the County has experienced some unprecedented flow from Lake Pickett in Orange County northerly into Lake Mills and the flow has exceeded capacity of the culvert under Lake Mills Road.  There is still a significant flow and there is a great deal of damage to the pavement and the base.  The road is still closed, but people are still attempting to get through that area.  They are going to “beef up” the closure and make a more identifiable detour route to keep people from getting in harm’s way.  That road will need to be closed for an extended period of time.  Until the water has diminished to the point where they can get in, they won’t know the extent of the damage.  He has applied for money through the Agricultural Department and that could be a help in repairing the erosion.  He is working with Orange County and the County’s Stormwater staff to determine what happened, as they have never seen this location inundated with water as it is now.

     Commissioner Dallari asked if Mr. Johnson needed anything from the Board to try to help that along.  Mr. Johnson said at this point, he thinks they are in good shape, but if he needs that type of assistance, he will let the Board know.  He said it will take some time for the water to go down and he thinks it will be a couple of weeks away to give an update of what’s going on in the area.

     Commissioner Dallari asked what plans the staff is making to ensure getting the word out to the people.  He said a lot of people are still very inquisitive about what’s going on, and in their minds they see nothing happening. 

     Mr. Johnson said fortunately, no one is cut off and no one in the segment has any damage.

     Commissioner Dallari commended Director Tad Stone and his staff who set up temporary Sheriff’s Deputy locations throughout and Fire and Rescue locations.  He said the people need to be aware of what they have done and that word has not gotten out.

     Mr. Stone advised he has been communicating with Fire Chief Raw about when she will be able to put a fire truck on the Road, but he would not recommend doing that any time soon.  He has been providing periodic updates (daily updates during the storm period) of where the road closures are and what conditions they are in.  He said once they have better information on the outlook of the repair and restoration, he will be working with the communities.

     Commissioner Dallari suggested he may want to tap the Black Hammock and Chuluota folks on helping to get the word out. 

     Chairman Carey suggested getting the e-mail lists for the community associations so they can get the information out to the members.

     Commissioner Dallari said he asked Mr. Johnson to give the Board an update more regularly because their Aides are getting phone calls.  He thanked him and his staff for the outstanding jobs they are doing and asked him to pass the word along to the staff.

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     Commissioner Van Der Weide stated while he was away, he received a letter from Ms. Coto about the East Central Florida Regional Planning Counsel (ECFRPC); and since he will be going to a meeting soon, he was wondering if she had any more correspondence or if there is anything new he should be brought up-to-date about.

     Ms. Coto stated she has talked to Mike Freelinger, Osceola County Administrator, and they don’t want to pay more than Orange County and they are on a wait-and-see basis.  She talked to Mr. McMillan and he said whatever the East Central Florida Regional Planning Counsel Board adopts, the County is responsible for paying or the Counsel could take action against the County if they continue to be a member.  She said the Commissioners, as a Board for the ECFRPC, will establish the budget which will also establish what the per capita rate is that each county will pay.  Metroplan did reduce their request and reduced the request to all their funding partners this year.  Until there is some action taken with respect to the final budget for the Planning Counsel, she doesn’t know what the funding level will be, other than what she is being told by the Planning Counsel’s staff.

     Commissioner Henley said Orange County is already cutting their funding to the Planning Counsel.

     Chairman Carey said many of the agencies, because of what the counties are going through, have eliminated staffs and positions.  She believes the budget request from the Planning Counsel has a request to add a Planner and other things.  Maybe that’s where the scrutiny needs to come from.  She said it’s that budget that will determine what the County has to pay.

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     Commissioner Van Der Weide said his good news is that he has a check for the Heroes Memorial from Wal-Mart in the amount of $1,000.  He said they can thank Ray Hooper, Purchasing Manager, for that.  He will have his Aide send a letter of thank-you to Wal-Mart.  He expressed thanks to Mr. Hooper also.

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     Commissioner McLean said recently the Wayne Densch Performing Arts Center had their annual awards ceremony where they recognized, in the Oscar format, the top performers and actors and actresses.  He thanked Chairman Carey who gave a presentation that evening.  He said this was a fun event.

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     Commissioner McLean stated it’s time again that they have the opportunity to have CALNO come to the County Services Building.  The next meeting is October 1 at 6:30 p.m. for dinner and the meeting will begin at 7:00 p.m.  They hope to have an update at the meeting not only for the city representatives, School Board and SCC on SeminoleWay, and also on where the County is from the budget standpoint.

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     Commissioner McLean distributed information regarding the Zoo fundraiser called “Mission Impossible, Going Green,” to be held on Saturday, Sept. 20 at the Lake Mary Marriott.

     Chairman Carey stated this is the usual “Black Tie on the Wild Side” event.

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     Commissioner McLean stated regarding the flood levels of the St. Johns River that he did not realize that the St. Johns was at record levels.  He complimented the Public Works staff who did and are doing an excellent job.  He also complimented the Public Safety staff for dealing with those issues.  Also, he said Alan Harris at the EOC (Emergency Operations Center) did a great job keeping everything coordinated so they could inform the citizens. 

     Mr. Johnson expressed thanks for the kind words and said he will be sharing those with the staff.  He recognized the Sheriff and inmate labor who helped them with the sandbags. 

     Chairman Carey recognized also that there were a lot of community volunteers who helped.

COUNTY MANAGER’S REPORT

     Ms. Coto stated there was a question regarding Agenda Item #13 this morning on the Bike Fest.  She reported the city of Sanford is participating in the amount of $7,500.

PUBLIC COMMENTS

     Richard Creedon, 1172 Apache Drive, President of the Geneva Citizens Association, addressed the Board on behalf of the Association and for himself, to ask for help in the preservation of the Indian/Heath Springs in Geneva. 

     Mal Martin, 1450 Lake Harney Road, Geneva Historical Society, addressed the Board to also speak regarding the preservation of Heath Springs in Geneva.  He referred to the Geneva Freshwater Lens Protection Act and recommendations of the Task Force report (copy of the oral presentation was received and filed).  He said since February of this year, he has made contacts with Representative Sandy Adams, three County staff members; the St. Johns River Water Management District’s Executive Director and staff; Department of Environmental Protection staff members; members of Rep. Adams’ staff and the Leisure Services Advisory Committee in the attempt to preserve this piece of property. 

     Mary Jo Martin, 1450 Lake Harney Road, addressed the Board to show and review a slide presentation (copies received and filed) of what Indian Springs is all about. 

     Mr. Martin stated this is a beautiful piece of property and it is also historic.  Recently, someone has begun to throw trash off Highway 46 down into the Springs.  He said it is possibly the oldest spring anywhere in the area.  They need to protect it from pollution runoff.  This should have been acted on 13 years ago, and now the property is for sale.  He stated a lot of things were not done even though they were mandated by the statutes.

     Mr. Creedon stated the property owner is requesting $350,000 for this property.  Rather than requesting money, they are requesting assistance.  They want the BCC to adopt a resolution showing the County’s support of their efforts to fund money for acquiring the parcel in hopes of aiding the preservation of this property.

     Chairman Carey asked Mr. Creedon to send a draft of the resolution to the Board for their review.

     Mr. Creedon said he thinks if they get a written resolution of support from the County Commission that will help them to open some doors. 

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to authorize the Chairman, on behalf of the BCC, to execute appropriate Resolution #2008-R-44, as shown on page _______, in support of the Geneva Citizens Association’s efforts to purchase the Indian Springs/Heath Springs site.

     Commissioner Dallari asked Mr. Creedon if there would be an educational element to allow the citizens to experience what the Springs is or is it just for preservation.

     Mr. Creedon said they are looking at it to be an educational point as well.

     Whereupon, Commissioner Dallari said he thinks there should be something in the resolution about the educational component.

     Commissioner Henley asked if any historical artifacts had been found on the site.

     Mr. & Mrs. Martin stated there have not been any archaeological studies done.

     Chairman Carey stated it might be good to have County employee Jim Duby go out on a field trip to do some investigation of the site.  She said she can’t imagine anyone trying to purchase the site to develop it.

     Mr. Creedon said he sees a possibility with the Flagler Trail that there is an area that could be used for parking.  There is a possibility that this could serve as a sub-trail head on the Flagler Trail. 

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

     Speaker Request Forms for Richard Creedon, Mal Martin and Mary Jo Martin were received and filed.

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     Bill Daniel, 2075 Palm Avenue, addressed the Board to state he will speak on flooding and use of boats on the St. Johns River.  He said they are used to the high water.  There have been five different times the water has been higher by at least a foot than it is today on Lake Monroe.  In years past, when they had high water issues, the BCC passed idle speed, “no wake” zones on the main channel of the river.  A lot of money was spent so the public could use Cameron Wight Park during high water, and now, the Parks staff wants to keep them off.  He said the Board was misinformed at the last meeting.  The Florida Game and Freshwater Fish Commission was told that the County Commission requested this law.  He spoke to Chairman Carey and she said the Board was told that the Game and Freshwater Fish Commission brought forth the law.  In Orange and Brevard counties, the people who patrol the waterways said they were not going to arrest people from making an honest living.  He called Mr. Harriett (Sheriff’s Office) and said he thinks there should be an exception for people like him.  He had to cancel the few rides he had because he could not go out on the river.  He said the Board put him out of business and it really makes him angry, but they did it out of misinformation.  He stated the Seminole County Sheriff’s Department is the only department playing hard ball.  He asked the Board to redo this the way it should be done. 

     Chairman Carey stated when she was given the order from the Florida Game and Freshwater Fish Commission, she was told the request came from them.

     Ms. Coto stated she understood from the Sheriff and Public Safety that it was the Sheriff’s recommendation to close the river.  That request went from the Sheriff to the Fish and Wildlife Commission and they enacted the order.

     Mr. Stone stated the Game and Freshwater Fish Commission was the one that instituted the law that covers this.  After the Sheriff made the initial request, staff forwarded it to the Game and Freshwater Fish Commission, and the Commission had the discussion about what they should and should not do.  They looked at setting water height limits.  The initial request was to close all boat traffic, but there were some stipulations built into that.  One was to open it up to commercial enterprises as long as they maintain no wakes, but close it to recreational boating.  He said the river is still closed in certain areas and will remain closed until it drops to certain levels.

     Chairman Carey stated she was told that the Game and Freshwater Fish Commission had requested the Board to sign the order to close the river for 90 days from anyone unless they lived on the river.  If the practice has been that commercial has been allowed with “no wake” zones or if the Game and Freshwater Fish Commission has a recommendation that would be fairer to the public, she thinks they ought to consider it. 

     Mr. Stone said he doesn’t think that is exactly the way it played out, but he will go back and review the final order from the Game and Freshwater Fish Commission.

     Ms. Coto said she thinks when the question was asked who was making the recommendation, her response was that it was coming from the Sheriff’s Department, in consultation with Public Safety, and it was their recommendation that the river be closed.  The Sheriff doesn’t have the authority to close the river for the full distance which included Volusia County, all of Seminole County and down to Highway 50 in Orange County.  That had to go to a State agency, and they apparently felt there was sufficient evidence to enact the order.

     Mr. McMillan said his understanding is the way they have it is backwards.  The river is not closed by order of the BCC but by order of the State.  He said he advised staff that the County didn’t have the authority to close the river, but only the State could do that.  It’s the State’s decision to close the river and the State has to open it.  If the Board wishes, his office can send a communication to the Florida Game and Freshwater Fish Commission and suggest they might open the river up for commercial traffic.  The ultimate determination lies with them.

     Chairman Carey said if the idle speed, “no wake” zone seems to be the practice the Board has taken in the past.  Commissioner Van Der Weide stated he thinks that is reasonable.

     Chairman Carey asked if it was the consensus of the Board to go back to the Florida Game and Freshwater Fish Commission and ask for an opinion to do what may be in the best interest of the public on a commercial basis to have the idle speed, “no wake” zone for a limited period of time until such time the water has receded to the point that it can be reopened to the public.

     Commissioners McLean and Dallari said they thought that was a good question.  There were no objections.

     Chairman Carey advised Mr. Daniel that the Board will take this matter up with the Florida Game and Freshwater Fish Commission based on the direction from the Board, but if he has issues with how he needs to do things with what the Florida Game and Freshwater Fish Commission doesn’t allow, he will have to take that up with them.  She thanked him for bringing this discussion before the Board.

     The Speaker Request Form for Mr. Daniel was received and filed.

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     Mr. Creedon thanked Commissioner Henley for making the motion and the other Commissioners for supporting the motion on Heath Springs.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:08 p.m., this same date.

 

 

ATTEST________________________Clerk_____________________Chairman

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