BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

NOVEMBER 13, 2007

 

 

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, November 13, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Mike McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     Chaplain Bob Gregory, Good News Jail and Prison Ministries, Sanford, gave the Invocation.

     Commissioner Van Der Weide led the Pledge of Allegiance.

Awards and Presentations

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2007-R-197, as shown on page _______, commending Michael Barr on his integrity, sacrifices and dedication to conservation efforts and to the citizens of Seminole County.

     Commissioner Carey presented the Resolution to Mr. Barr, who addressed the Board to express his thanks.

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

-------

     Ray Gilley, President of Metro Orlando Economic Development Commission, addressed the Board to present the Commission’s


annual update.  He expressed thanks to the Board for their interest and strong support for the citizens of Seminole County and special thanks to Commissioners Dallari and Carey for their personal involvement in the EDC.  He introduced Maureen Brockman, Tracy Turk and Dex Riley in attendance with him.  He gave a PowerPoint presentation (copy received and filed) covering the following topics:  What Economic Development Is; Last Year’s Masterpieces; Total Revenue = $6.4 Million, FY 07-08; The Big Picture:  Year End Results and Seminole County Results; and Bold Strokes 2007-2008.

     Dex Riley addressed the Board to continue the presentation covering the following topics:  EDC “Net” Working; New Enhanced Efforts:  Advanced Manufacturing, Corporate Advisors & Executives, Financial Services and Minority Business Channel.

     Maureen Brockman addressed the Board to continue with the following topics:  New & Enhanced Efforts:  Bio/Life Science, Clean Tech (Sustainable Energy/Green Initiatives), Film & Entertainment Technology, and Integrated Marketing.

     Tracy Turk addressed the Board to discuss the following topics:  Establishment Highlights 2006-2007; Seminole Success Stories; Partnerships; New Projects; Texture Magazine (copy received and filed); and Upcoming Events.  She invited the Board to the EDC’s Holiday Open House on November 29, 2007.

     Mr. Gilley summarized his presentation and congratulated the Commissioners and said he looks forward to their continued success and to working together.

     Chairman Henley stated the EDC has come a long way particularly in funding areas and he is happy to say that.  He commended Mr. Gilley and the staff for their leadership.

     Commissioner Van Der Weide stated this is an example of using the taxpayers’ money as seed money and has really paid off as the results are obvious.

     Commissioner Dallari complimented Mr. Gilley and staff for a job well done.

County Manager’s Consent Agenda

 

     County Manager Cindy Coto addressed the Board to state she has an add-on to the agenda.  She said she was happy to bring forward the confirmation of Susan Vernon-Devlin as Community Information Director.  Chairman Henley welcomed Ms. Vernon-Devlin aboard.

     Ms. Coto advised of other changes to the Regular Agenda as follows:  correction of appropriation amount to $15,000 for Item #53, Resolution recognizing Project Simulated as a Qualified Defense Contractor; staff made revisions to Item #55, Resolution amending the County’s Administrative Code Section 22.5, based upon meetings with the BCC and the Clerk and conversations with the external auditor; and Ms. Coto advised that Item #56, $2 Court Technology Fund is follow-up to the 2007-08 Budget.

     Commissioner Carey requested that Item #5, Approve ranking list, authorize rate negotiations and award DB-1770-07/BLH, be pulled for a separate discussion and vote.  She also stated she would like to pull Item #13, Liability claim for Federal Trust Bank/Phillips v. Seminole County, for a separate vote.

     Commissioner Van Der Weide stated it is worthwhile to note under Item #17 that the $150,000 came from the Port Authority and there was a lot of cooperation between the three agencies.

     Commissioner Dallari requested to pull for a separate vote Item #9, Award of RFI-600219-07/BJC, Aeromedical Helicopter Services to Air Methods Corporation’s Wholly Owned Subsidiary Rocky Mountain Holdings LLC.

     Commissioner Dallari questioned staff if they had looked into the possibility of selling carbon credits regarding Item #25, Approve and authorize the Chairman to execute the Seminole Energy, LLC and Seminole County License Agreement for the landfill gas-to-energy plant.

     David Gregory, Solid Waste Management, addressed the Board to discuss carbon credits. 

     Commissioner McLean asked regarding Item #24, Approve renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Services, if there had been any discussions about looking at the potential economies of scale for the RFP for one or two entities as opposed to three, four or five.  Mr. Gregory stated that before 2009 staff will be bringing that up and he will bring this back to the Board for discussion.

     Commissioner McLean thanked staff for their quick action to bring to the Board today Item #32, Approve and authorize the Chairman to execute an agreement between Seminole County and United Arts of Central Florida, Inc.

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

County Manager

2A.  Confirm appointment of Susan B. Vernon-Devlin as Community Information Director, effective December 10, 2007.

 

Administrative Services

Purchasing and Contracts

 3.  Award CC-2396-07/JVP, as shown on page _______, in the amount of $4,057,795.90 to The Lane Construction Corporation of Maitland, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct a 0.33 mile trail and 231 linear foot SR 434 underpass including, but not limited to, site preparation, asphalt trail pavement, landscape, concrete sidewalk, and underpass. 

 4.  Award CC-2546-07/DRS, as shown on page _______, in the amount of $336,701.00 to Air Mechanical and Services Corporation, Casselberry, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary for the purchase and installation of a dedicated HVAC system for the BITS Computer Room located at the Seminole County Public Safety Building.

 6.  Approve an increase to the Board-approved estimated annual expenditure for PS-1074-06/TRJ, Professional Geotechnical Services and Construction Material Testing and Inspection, by an additional $150,000 per year.

 7.  Approve the negotiated rates and award PS-2014-07/JVP, Construction Engineering and Inspection services, for C-15, as shown on page ______, with GAI Consultants Inc., of Orlando, Florida (estimated usage not to exceed $1,200,000.00 for the two-year term of the Agreement).

 8.  Approve the negotiated rates and award PS-2084-07/LKR, as shown on page _______, Architectural and Engineering Services for the Design and Construction Administration of Jetta Point Park, to PBS&J of Orlando, Florida (estimated usage $800,000 over the term of the Agreement).

10.  Approve the Settlement Agreement, as shown on page _______, with PBS&J of Orlando, Florida to provide reimbursement to the County in the amount of $253,892.63. 

11.  Fiscal Services and Administrative Services/Purchasing and Contracts Division request that the Board terminate Agreement with Stifel, Nicolaus & Co. and award RFP-600149-07/TLR, as shown on page _______, Financial Consulting Services to First Southwest Company, Orlando. 

12.  Approve Termination for Convenience for CC-2087-07/BHJ, Public Safety Building Hurricane Protection, with T & G Constructors, Inc. of Orlando, Florida, and authorize staff to issue final notice of termination.

 

Community Service

CDBG

14.  Approve and authorize the Chairman to execute the Seminole County/Habitat for Humanity in Seminole County, Inc. SHIP Program Developer Agreement, as shown on page _______, for Program Years 2005-2006 and 2006-2007 in the amount of $600,000.00 for the development of five (5) new homes on Par Avenue in the Goldsboro target area of Sanford for extremely low and very low income households. 

Community Assistance

15.  Approve and authorize the Chairman to execute the Satisfactions, as shown on page _______, of Second Mortgage for households as follows assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Pat Sterling Brasher; Alejandro and Rita E. Orama; Linda R. Williams; Janine Ahearn; Gilbert W. Benton, Jr.; Jamie Marie DeBlasi; and Deliah and Gerard Lee Hinson.

 

Economic Development

Operations

16.  Approve and authorize Chairman to execute the First Amendment, as shown on page _______, to the Economic Development Commission of Mid-Florida, Inc. Master Agreement to reflect the reduction in funding from $1.00 per capita to $0.90 per capita.  The remaining payment terms are unchanged. 

17.  Approve and authorize Chairman to execute Pledge Commitment, as shown on page _______, to the Seminole Community College (SCC) Foundation in the amount of $150,000.00 for services provided through the Small Business Development Center and the Seminole Technology Business Incubation Center located at the Port of Sanford. 

 

Tourism

18.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Spring Break Sports, Inc. for the 2008 Spring Break Sports Tennis and Lacrosse Event in the amount of $12,422.00 to be held February 16 – April 5, 2008 at various Seminole County parks. 

19.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Central Florida Sports Commission for the 2008 ACC Men's & Women's Conference Tennis Championships in the amount of $5,000.00 to be held April 16-20, 2008 at Sanlando Park. 

 

Environmental Services

Business Office

20.  Approve the release of the original Water & Sewer Maintenance Agreement with Letter of Credit in the amount of $5,082.30 for the project known as Estates at Wekiva Park.  

21.  Adopt Resolution #2007-R-199, as shown on page ______, reflecting utility rates as amended for indexing, as approved by the Board of County Commissioners on September 12, 2006.

Solid Waste Management

22.  Approve and authorize the Chairman to execute Certificates of Public Convenience and Necessity, as shown on page _______, for the following companies:  4 Jays - Management, Inc.; A & F Waste Services, Inc.; RMD Americas of Florida, LLC; USA Services of Florida, Inc.; and Weeks & Weeks Waste Services, Inc. d/b/a Maddox Waste Services. 

23.  Approve and authorize the Chairman to execute Certificate of Public Convenience and Necessity, as shown on page ________, for Sun State Trees and Property Maintenance, Inc. to operate a yard waste recycling facility as described on the Certificate. 

24.  Approve renewal of Non-Exclusive Franchise Agreements for Commercial Solid Waste Collection Services, as amended, for the following firms for a period from October 1, 2007 to September 30, 2008:  Republic Services of Florida; LP Veolia ES Solid Waste Southeast, Inc.; Waste Management, Inc. of Florida; and Waste Services of Florida, Inc.

25.  Approve and authorize the Chairman to execute the Seminole Energy, LLC and Seminole County License Agreement, as shown on page _______, for the landfill gas-to-energy plant. 

 

Fiscal Services

Administration

26.  Approve to submit a grant application to the U.S. Dept. of Homeland Security requesting approximately $50,000.00 through their Fire Prevention and Safety Program for the purchase of an All Hazards Fire Safety Trailer; and authorize the County Manager to execute supporting documents.

Budget

27.  Approve and authorize the Chairman to execute Resolution #2007-R-200, as shown on page _______, implementing Budget Amendment Request (BAR) #08-12 through the General Fund in the amount of $512,585.00 for Special Elections expenditures and subsequent reimbursement by the State.

28.  Approve and authorize the Chairman to execute Resolution #2007-R-201, as shown on page _______, implementing Budget Amendment Request (BAR) #08-14 through the Fire Protection Fund in the amount of $23,482.00 to recognize the receipt of and allocate the Fireman’s Fund Heritage Grant.

29.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #07-31 from the General, Fire Protection, and Transportation Trust Funds in the amount of $37,800.00 to increase Tax Collector's commissions based on final collections for FY2006/07 Budget.

30.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-06 through the Natural Lands Bond Fund in the amount of $34,400.00 to provide funding for a master plan assessment for Lake Harney Wilderness Area. 

MSBU

31.  Approve and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______, for the Twin Pines Water and Waste Water Improvement MSBU assessment assigned to Parcel #17-21-29-515-0000-0070; Nicholas Poleshuk, owner.

 

Library Services

Administrative

32.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, between Seminole County and United Arts of Central Florida, Inc. in the amount of $212,822.50 reflecting $.50 per capita funding. 

 

Planning and Development

Development Review

33.  Authorize the release of the Chuluota Veterinary Hospital Maintenance Agreement and Irrevocable Letter of Credit #114 in the amount of $2,822.53 for the Chuluota Veterinary Hospital road improvements. 

34.  Authorize the release of The Trails 2B Maintenance Agreement and Irrevocable Standby Letter of Credit #3077098 in the amount of $117,951.81 for The Trails 2B road, drainage, wall and landscape improvements. 

35.  Adopt and authorize the Chairman to execute Resolution #2007-R-202, as shown on page _______, vacating and abandoning a portion of the platted seven foot wide utility easement situated at the south of Lot 9, Block I, The Woodlands, as recorded in Plat Book 16, Pages 2 and 3, of the Public Records of Seminole County, Florida, and further described as 116 Foxridge Run, Longwood, Florida; in Section 36, Township 20 S, Range 29 E (Lisa J. Randall). 

36.  Authorize the release of the Airport Blvd. Right-of-Way (ROW)-Mainline Supply Right-of-Way Utilization Permit Maintenance Bond #B8863368 in the amount of $2,203 for the Airport Blvd. ROW-Mainline Supply road improvements.

37.  Adopt and authorize the Chairman to execute a Resolution #2007-R-203, as shown on page _______, to vacate and abandon a portion of the public utility easement situated on the north side of Lot 31, Wingfield North Phase 2, as recorded in Plat Book 38, Pages 44, 45 and 46 of the Public Records of Seminole County, Florida, further described as 279 Vista Oak Drive, Longwood, Florida (Christian and Elena Gabor).

 

Planning

38.  Approve and authorize the Chairman to execute the attached "Seminole County/Metroplan Orlando FY 2007 - 2008 Funding Agreement," as shown on page _______, in the amount of $215,916.

39.  Approve Satisfaction of Lien, as shown on page _______, in the amount of $900, Case No. 02-46-CEB, Mark and Dawn Britton, which represents the lien on 5974 N. CR 427, Sanford, Tax Parcel #14-20-30-505-0000-0200, and authorize the Chairman to execute same.

 

Public Safety

EMS/Fire/Rescue

40.  Approve and authorize the Chairman to execute Agreement, as shown on page _______, with the Florida Conference Association of the Seventh-day Adventists for the purpose of utilizing their building at 640 Campus Loop, Apopka, Florida, for firefighter training. 

 

Public Works

Engineering

41.  Approve and authorize the Chairman to execute  Purchase Agreement, as shown on page _______, for $54,600 for a Perpetual Stormwater Discharge Easement for the Lake Emma Road Improvement Project from Longwood Hills Road to Sand Pond Road (Danbury Mill Homeowners' Association, Inc. - Capital Improvement Project #0054101).

42.  Approve and authorize the Chairman to execute Resolution #2007-R-204, as shown on page _______, accepting a Sidewalk, Drainage and Utility Easement (City of Sanford to Seminole County), as shown on page _______, for property needed for the Country Club Road Sidewalk Project.

43.  Adopt Resolution #2007-R-205, as shown on page _______, and authorize the Chairman to execute Supplemental Agreement Number 1, as shown on page _______, to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation to modify the design location of the sidewalk from East Hillcrest Street to Ridgewood Street.  The design limits of the sidewalk adjacent to Alpine Street will remain the same. (FDOT FPN: 422572-1-38-01) 

44.  Adopt Resolution #2007-R-206, as shown on page _______, and authorize the Chairman to execute Supplemental Agreement Number 1, as shown on page _______, to a Local Agency Program (LAP) Agreement with the Florida Department of Transportation to modify the project limits for the State Road 426/County Road 419 Project from Pine Avenue to Lockwood Boulevard to Pine Avenue to Avenue B. (FDOT FPN: 415030-1-38-01)

 

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

 

-------

 

     The Board considered Item #5, Approve the ranking list, authorize rate negotiations and award DB-1770-07/BLH in the amount of $3,890,000.00 to the team of Middlesex Corporation, Orlando, Florida and Avcon, Inc., Orlando, Florida for the Red Bug Lake Road Pedestrian Overpass Design Build Project.  

     Commissioner Carey stated she wants to talk about the pedestrian overpasses and what the Board is trying to accomplish.  She said the designs are getting more and more elaborate and they are spending millions and millions of dollars.  She thinks there are some things they have not looked into with regard to safety.  As a member of MetroPlan, they hear a lot about pedestrians, and there are a lot of things they can do without putting in a pedestrian bridge and still make the pedestrians safe.  She thinks these are outrageous costs for road bridges and the designs are over the top.  She stated she will not support the recommendation to move forward.  Further, she said maintaining the structures is an on-going cost and she thinks they are over killing this.

     Chairman Henley said he agrees that the designs are too elaborate, particularly the one recommended today.  This is way more than what is needed.

     Commissioner Carey said she thinks they need to go back to the drawing board and see what they really need to do.

     Commissioner Dallari said from his understanding, the purpose for this pedestrian overpass is for the traffic on Red Bug Lake Road to flow fluidly during opening and closing of school. 

     County Engineer Jerry McCollum addressed the Board to state this is very similar to what was done on Lake Mary Boulevard.  This is for traffic and safety issues for people not only at school times but also for access to the park.

     Commissioner Dallari said he believes the overpass is warranted, but there are a number of elements of this bridge that are over the top.  He identified the semblance of red bugs and satellite disks.

     Mr. McCollum stated if the Board were to select this bridge, those things can come off the structure. 

     Whereupon, Commissioner Dallari said they would like to see how the bridge looks without the pond fronds and satellite disks.  He stated the bridge could also be more standardized.

     Mr. McCollum said he thinks the direction was to have staff negotiate for items taken out on the other bridge.  Staff can do that with this bridge also and come back with the cost for whatever bridge structure the Board would like to look at. 

     Commissioner Van Der Weide stated he thinks what the Board got is exactly what they asked for.  He agrees it is over the top.  He said citizens are calling him relative to General Hutchinson Parkway, who said this is one of the most environmentally-sensitive areas in the County and they are putting a bridge through it.  He said when you send out RFP’s requesting uniqueness, the vendors are going to make it so and the cost will be elevated accordingly.  He stated he joins Commissioner Carey and thinks maybe they need to go back to the drawing board or at least pull this from the agenda and reevaluate the situation.

     Commissioner McLean said he agrees.  He does think the overpass bridge makes sense conceptually.  They are dealing with traffic and safety and it’s impossible to move that traffic off the intersection.  He thinks what they have is more than what they need.  They need a basic design that gets them from Point A to Point B.  They need to pull this item and go back and reexamine the scope and change what they are asking for.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, for staff to go back to the drawing board and come up with a simple, functional standardized bridge design and put it out to bid, not asking to design and be elaborate to compete; and staff also to look at other safety alternatives.

     Under discussion, Commissioner Carey said she doesn’t think the citizens are so impatient that they don’t stop during opening and closing school hours and want to pay $3.8 million.  She said staff can bring the design back and put it out for a hard construction bid.

     Commissioner Dallari said he thinks it more advantageous to do the design/build so they can actually get the design at no cost upfront.

     Cindy Coto, County Manager, stated the Board will need to reject all bids if they are going to relook at all of this.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to reject all bids submitted for DB-1770-07/BLH, Red Bug Lake Road Pedestrian Overpass Design Build Project.

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

     Commissioner Carey continued discussion that there are a lot of cases where the design/build makes a lot of sense but they still pay for it.  She said she thinks they need something to start with and as long as they leave the design of the bridges up to the designer they are going to be different every time.  She thinks they would be better off to have a standardized design and adapt it for site conditions.  She added that was her motion to standardize the design.

     Mr. McCollum advised there is another bridge coming up for a pedestrian overpass at Aloma and SR 426.  These are the only two remaining pedestrian overpasses in their work program.  He asked if the Board wants staff to put together a standard design and that would also apply to the Aloma bridge.

     Commissioner Carey said yes.

     Commissioner Dallari stated he thinks the design/build is the way they should go and he will not support the motion.  He explained why this came up over is that they asked for uniqueness and that is what staff put in the proposal and that is what they got.  He said they could ask those three same consultants to go back and redesign the bridge and take out the unique elements not wanted.

     Commissioner McLean said he agrees with Commissioner Dallari because he thinks the question is a matter of scope. 

     Commissioner Carey said all the pedestrian bridges done to date have been design/build and they are all different and some look very simple and there is this one and the bridge over Lake Mary Boulevard and they are all $4 million each. 

     Upon inquiry by Chairman Henley, Mr. McCollum said the bridge in Winter Springs cost a little over $3 million.  He said the Board may want to consider for staff to get a standard design and bring it back to the Board and they could review it and put it in the design/build package.  He said that will save them time.  If this goes through the procurement process, that will take another nine to 10 months. 

     Commissioner Carey said she would be o.k. with that.

     Commissioner Van Der Weide said a lot of people are very interested in these bridges (cities and the School Board) and if they want something special over and above, maybe they could come to the plate and participate with the funding like the city of Winter Springs did. 

     Commissioner Carey stated she is fine with standardization of the design coming back to the Board and that going out with the design/build package.

     Mr. McCollum said staff can bring the preliminary design and put in the scope and do the design/build on that.  He also said staff can show the Board what the structure would look like.

     The Board voted on the original motion as clarified by Commissioner Carey.

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

     Chairman Henley apologized to those who did the work for the Board and said, hopefully, they will be interested in working further with the Board.

-------

     The Board considered Item #9, Award RFI-600219-07/BJC, Aeromedical Helicopter Services to Air Methods Corporation's, Wholly Owned Subsidiary: Rocky Mountain Holdings LLC d/b/a LifeNet, Englewood, CO. (No County Subsidy). 

     Commissioner Dallari stated the agenda package was a little incomplete and he wanted to get more information from staff.

     Chairman Henley stated he was concerned that the backup material had a discrepancy in cost and he read in the newspaper that the cost would be $1.2 million.

     Leeanna Raw, EMS/Fire Rescue, addressed the Board to answer questions on the question of County subsidy and where the helicopter would be located.

     Commissioner Van Der Weide said it concerns him that everyone evaluated this and there was no Deputy Manager on the evaluation team (only Public Safety).  He would hate to see things like this happen on a continuing basis.  His first question is if it’s not broken, what are they doing trying to fix it.  There is a lot of confusion and it looks like there is a potential for considerable cost to the taxpayers under the circumstances.

     Commissioner McLean said that’s where his confusion comes.  They have worked with Omniflight for 23 years with no cost to the County and why then are they making this move based on the history they have had up to now.

     Ms. Raw said she is not in support of anything that is going to cost the County.  It has been a great relationship with Omniflight for many years.  She renewed the bidding process that has transpired.  When using a private provider, this will change being at no charge.

     Commissioner Carey said she saw conflicting information also.  She questioned where Air Methods is located and if Seminole County would be served out of Lake County or some other area.  

     Ms. Raw explained that Air Methods could not respond to areas other than Seminole County.

     Ms. Coto stated that based on the number of questions, she thinks it would be helpful for staff to go back and do a comparison of the two proposals and answer the questions by the Board today.  She doesn’t think all the answers can be provided to the Board’s satisfaction this morning.

     Commissioner Dallari said he would like to see an actual showing of the cost for the two companies.

     Chairman Henley suggested continuing this item and staff to come back with a specific recommendation of what they are asking the Board to approve.  He said he would like to know exactly what staff wants and what it is going to cost the Board. 

     Commissioner Van Der Weide asked that the information be put in matrix form.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue the request to award RFI-600219-07/BJC, Aeromedical Helicopter Services to Air Methods Corporation's, Wholly Owned Subsidiary: Rocky Mountain Holdings LLC d/b/a LifeNet, Englewood, CO; with staff to come back with a specific recommendation of what they are asking the Board to approve and provide information requested by the Commissioners in a table form.

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

-------

     The Board considered Item #13, Approve liability claim for Federal Trust Bank/Phillips v. Seminole County in the amount of $63,000 inclusive. 

     Commissioner Carey declared a conflict of interest and said she will abstain from voting on this item.  Conflict of Interest Form, as shown on page _______, was received and filed.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the liability claim for Federal Trust Bank/Phillips v. Seminole County in the amount of $63,000 inclusive.

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

County Attorney's CONSENT AGENDA

Constitutional Officers’ Consent Agenda

 

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

County Attorney

Litigation

45.  Approve proposed negotiated settlement relating to Parcel Number 7 on the Consumers/Lake Hayes Transmission Main Project, Lutheran Haven, Inc.'s property.  The proposed settlement is at the total sum of $11,500.00 inclusive of all land value, severance damage, statutory interest, attorney's fees, and cost reimbursements.

Other

46.  Approval of adjustment of the hourly rate from $190 to $210/hour for Labor Counsel, Fisher & Phillips, effective January 1, 2008.

 

Clerk’s Office

47.  Approval of Expenditure Lists, as shown on page _______, dated October 8, 15 & 22, 2007; and Payroll Approval Lists, as shown on page _______, dated October 4 & 18, 2007; BCC Official Minutes dated October 9, 2007; and noting, for information only, the following Clerk’s “received and filed”:

 

 1.  Department of Administrative Services Purchasing Division Followup Audit of Tangible Personal Property from Maryanne Morse, Clerk of Circuit Court.

 

 2.  Change Order #2, as shown on page _______, to CC-1237-06.

 

 3.  Work Order #2, as shown on page _______, to PS-5192-05.

 

 4.  Amendment #1 to Work Order #2, as shown on page _______, to PS-0977-06.

 

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

 

 6.  Water & Sewer Cash Maintenance Bond and Escrow Agreement, as shown on page _______, in the amount of $5,608.30 for the project known as Palm Valley Professional Center.

 

 7.  Right-of-way Utilization Permit Maintenance Bond #6152847, as shown on page _______, in the amount of $13,074.44 for the project known as Old Lake Mary Road ROW aka Chase Groves Turn Lane.

 

 8.  Acceptance of Liability Rider, as shown on page _______, for the Water & Sewer Maintenance Bond in the amount of $1,083 for the project known as RBC Bank.

 

 9.  Letter to Maryanne Morse, Clerk of Circuit Court, from Amir Asgarinik, Florida Dept. of Transportation, re:  SR 46 Roadway Design Project.

 

10.  Order Approving Tariffs from the Florida Public Service Commission re:  Petition for approval of 2007 revisions to underground residential and commercial distribution tariff by FPL.

 

11.  Notice of Commission Hearing and Prehearing to Florida Power & Light Co. and All Other Interested Persons, re:  Docket #070602-EI.

 

12.  RFP-600171-07 Term Contract, as shown on page _______, for County-wide Landscape Installation, Nanak’s Landscaping Ground Maintenance, Inc.

 

13.  Work Order #16, as shown on page _______, to CC-1075-06.

 

14.  CC-2341-07 Construction Services Agreement, as shown on page _______, Amfico Industries, Inc.

 

15.  Title Opinion, as shown on page _______, for Heritage Commons.

 

16.  Notice to Proceed, as shown on page _______, for CC-2167-07.

 

17.  First Amendment, as shown on page _______, to PS-5124-02.

 

18.  Fourth Amendment, as shown on page _______, to RFP-1091-06.

19.  Work Order #7, as shown on page _______, to PS-5183-05.

 

20.  Internal Audit of the Economic Development Program from Maryanne Morse, Clerk of Circuit Court.

 

21.  Change Order #1, as shown on page _______, to Work Order #55 to CC-1212-03.

 

22.  Work Order #21, as shown on page _______, to PS-0381-06.

 

23.  First Amendment, as shown on page _______, to IFB-3125-05.

 

24.  Amendment #2, as shown on page _______, to M-2481-07.

 

25.  Change Order #1, as shown on page _______, to RFP-2086-07.

 

26.  Amendment #1, as shown on page _______, to M-1947-07.

 

27.  Amendment #1, as shown on page _______, to Work Order #2 to PS-1074-06.

 

28.  Change Order #5, #6 & #7, as shown on page _______, to CC-1449-06.

 

29.  Amendment #1, as shown on page _______, to Work Order #51 to RFP-4214-04.

 

30.  Letter to Maryanne Morse, Clerk of Court, from Hospice of the Comforter thanking the Clerk for her contribution in the amount of $1,009.68.

 

31.  Memorandum to Ann Colby, Assistant County Attorney, from David Shields, Assistant County Attorney, re:  Basic Services Agreement Request, Seminole County v. Sobik’s of Airport Blvd. Inc. and Seminole County v. Seminole County State Road 46, Ltd.

 

32.  Certified Tennis Pro Agreements, as shown on page _______, for David Rosenfeld and Stojan Kirkov.

 

33.  Fifth Amendment, as shown on page _______, to RFP-4174-02.

 

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

 

35.  Work Order #17, #18 and #19, as shown on page _______, to PS-5135-02.

 

36.  U.S. Geological Survey Joint Funding Agreement, as shown on page _______.

37.  Notice to Proceed, as shown on page _______, for CC-2213-07.

 

38.  Amendment #5, as shown on page _______, to IFB-3072-03.

 

39.  Lawyers Title Insurance Corp. Policy #A81-0266868, Corporate Warranty Deed, and Temporary Construction Easement, as shown on page _______, for BJ’s Wholesale Club, Inc., CR 15 (Monroe Road).

 

40.  Work Order #6, as shown on page _______, to PS-1020-05.

 

41.  Work Order #46, as shown on page _______, to CC-1267-05.

 

42.  Work Order #6, as shown on page _______, to PS-1074-06.

 

43.  Non-certified Tennis Pro Agreement, as shown on page _______, for Ryan Maddox Chabot.

 

44.  Amendment #1, as shown on page _______, to Work Order #74 to PS-5165-04.

 

45.  Work Order #76, as shown on page _______, to PS-5165-04.

 

46.  Bids as follows:  CC-2396-07; CC-2582-07; RFQ-600242-07; RFP-600254-07; IFB-600276-07; IFB-600277-07; CC-2546-07; IFB-600279-07; PS-2564-07; PS-2468-07; and RFP-600272-07.

 

Sheriff’s Office

48.  Approve and authorize the Chairman to sign and execute the Budget Amendment Resolution #2007-R-207, as shown on page _______, in the amount of $358,137.00 for the Sheriff’s Office FY 07/08 budget for the FDLE Homeland Security Grant Program. 

49.  Approval by the Board of County Commissioners for the Sheriff’s Office to provide a Law Enforcement Terrorism Prevention (LETP) Grant funded CFIX Analyst position for a one-year period and approval of the associated Budget Amendment Resolution #2007-R-208, as shown on page _______, in the amount of $39,576.00 to appropriate revenue and expenditures.

50.  Approval by the Board of County Commissioners to expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution to the Boys and Girls Club of Central Florida, West Sanford Branch. 

51.  Approval by the Board of County Commissioners to expend $5,000 from the Law Enforcement Trust Fund to provide for a contribution to Safe House of Seminole. 

 

     Upon inquiry by Commissioner McLean, Penny Fleming, Sheriff’s Office, addressed the Board to state if second year funding is not available, the staff will look at vacant civil positions in the current fiscal year and divert one vacant civil position for this position if this position is effective.  That way, they will not impact the General Fund. 

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

 

-------

 

     Chairman Henley recessed the meeting at 10:45 a.m. and reconvened it at 10:57 a.m.

Regular Agenda

 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to retain the firm of Shutts & Bowen (Bobby Brantley) to provide the County with State Lobbying Services in accordance with RFP-600261-07/BJC - State Lobbying Services. 

     Under discussion, Commissioner Van Der Weide stated Mr. Brantley knows the County and used to live in Seminole County.

     Upon inquiry by Commissioner Carey, Ray Hooper, Purchasing Manager, addressed the Board to state this is for one year with two, one-year renewals.

     Commissioner Carey said she was disappointed they only had four submittals with only three that qualified.  She said she didn’t have a problem extending the contract for this year, but she would like to talk about it at the end of next year.

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

-------

     Bill McDermott, Economic Development Director, addressed the Board to request adoption of a Resolution recognizing Project Simulated as a Qualified Defense Contractor (QDC) and providing an appropriation of $15,000.00 as local participation in the QDC tax refund program.

     Commissioner Dallari stated he toured the facility and it is quite amazing what this company does.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve and authorize the Chairman to execute Resolution #2007-R-209, as shown on page _______, recognizing Project Simulated as a Qualified Defense Contractor (QDC) and providing an appropriation of $15,000.00 as local participation in the QDC tax refund program.

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

-------

     Mr. McDermott requested adoption of a Resolution recognizing Project Cumberland as a Qualified Target Industry (QTI) and executing an Interlocal Agreement with the City of Lake Mary to provide 50% of the $20,000.00 local match requirement; and providing an appropriation of $10,000.00 as local participation in the QTI tax refund program.

     Mr. McDermott advised that the city of Lake Mary has approved their portion of the QTI.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute Resolution #2007-R-210, as shown on page _______, recognizing Project Cumberland as a Qualified Target Industry (QTI) and executing an Interlocal Agreement with the City of Lake Mary to provide 50% of the $20,000.00 local match requirement; and providing an appropriation of $10,000.00 as local participation in the QTI tax refund program.

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

-------

     Lisa Spriggs, Fiscal Services Director, addressed the Board to request adoption of a Resolution amending the County's Administrative Code Section 22.5, Financial Policies to revise existing policies addressing Budget Execution and Amendment.  A revised version of the policies was received and filed. 

     Ms. Spriggs said staff made a review of 14 counties across the State and looked at their policies.  Of 14, 10 are Charter counties and all were at the level proposed in this provision except one county.  Marion County is still at the line item level which is where Seminole County is now.  She said the external auditor has reviewed this as well and said the policies have appropriate checks and balances.

     Commissioner Carey stated she likes knowing what’s going on, and she would be concerned about the fact that the Board would miss that ability to know what is really going on.

     Chairman Henley said he thinks Commissioner Carey is making a good point, and he tried to make that point to Ms. Spriggs.  The Board doesn’t want anything in the policy that is going to diminish the responsibility the Board has to provide oversight to the budget.  If the Board doesn’t have a mechanism to know what is going on, a lot of things can happen that they may not have agreed with.  He said as explained to him, the Board approves the projects ahead of time and nothing takes place except those projects.  But some of those projects could get cut and the Board doesn’t have the say.  They will get reports after the fact on the changes that are made. 

     Commissioner Carey said it would be nice to see when they have those jobs that come in under budget.  She would have a problem with having a pool of money that could be moved around without the Board knowing it.

     Commissioner Van Der Weide said he had this explained to him and he has the same concerns, but he is not so sure that staff hasn’t got it covered.  He said Ms. Spriggs has got him convinced that these issues are covered in these policies. 

     Commissioner Dallari asked Ms. Coto to comment.

     Ms. Coto said she sees this as more simple.  She explained that this procedure makes sure the budget policy matches the procurement policy.  She said staff will provide more information to the Board.  Now, they will get a report which they have not gotten in the past.  Now, they are not expediting the procecss.  They are trying to provide enough accountability to the Board and also enough flexibility.  Discussion continued with the Board.

     Ms. Coto advised Commissioner Carey that staff cannot add or delete any projects. 

     Commissioners Dallari and McLean confirmed that the Board will look at reports on a monthly basis.

     Upon inquiry by Chairman Henley, Ms. Coto said projects could not get deleted without the Board’s authorization.

     Clerk Maryanne Morse advised if the Board approves a specific dollar amount, that is all that will be paid by County Finance.  She said the Clerk’s Office will not pay any overages until and unless such time as the Board approves it in a formal agenda process.  She explained her authority is to pay only those bills approved by the Board.  She said if reports come out and the Board adopts a particular report, then that is staff’s authorization to pay the bills over what the original amount was.

     Whereupon, Chairman Henley said it seems that what they are trying to accomplish can’t be done.

     Ms. Coto said she thinks that is the policy decision of the Clerk.

     Ms. Morse said that is the decision per the statutes.  She doesn’t have authority to pay the additional amount until such time as the Board authorizes her to do so.

     Commissioner McLean asked if the Board has authorized the County Manager to make a decision on behalf of the Board, isn’t that approval. 

     Ms. Morse said no, because that allows the transfer of funds but not the payment.  The only one, by statute, that can allow payment of the funds is the County Commission.

     Commissioner Carey stated if that is correct, if the Board had in their agenda package the list and it was approved as part of the agenda, then that would have been authorized by the Board.  At least they are seeing the activity on a regular basis, monthly or whatever.  It would still be after the fact that the County Manager approved, but in time for the Clerk to pay and still be within the 45 days rule.  That would still be a solution to that.

     Ms. Morse further explained that everything has to go through the Board.  She said she does not have any objections to going from a line item to a sub fund in the fund level.  The problem is authorization to create a “slush fund” and move that money according to wherever staff chooses to spend it as they see fit without Board’s approval.  If staff puts it on a regular agenda item, then they are paying that bill over and above and that would be her authority to pay the bill at that time.  Her staff will not pay the bill before the fact.  She said everything changes when they go from line item to a sub fund.

     Commissioner McLean asked if there would be an issue in having the transactions reported on a regular agenda.

     Chairman Henley said the only reason staff is not doing that today is because of the delay.

     County Attorney Robert McMillan stated this is a little more detailed than the State Statutes.  He has to rely on the finance people to tell him what the financial statues say. 

     Commissioner Carey said she doesn’t see why they can’t get that in the regular report to be part of the Board’s agenda package.

     Ms. Spriggs said that would be no problem.  She stated if the Board gives the County Manager the authority to amend the contract, they have given her authority to pay the bill.

     Commissioner Carey said if she is no longer going to vote on an item she wants to see what’s going on.  The Board of County Commissioners has to stand before the taxpayers and be held accountable.

     Mr. McMillan said he thinks the timing of these things will take care of themselves.  If the authorization is done and the report is provided and the Board accepts, there is going to be very few cases where the work is going to get done before the bill comes in.  He thinks there will be very limited circumstances where there will be a real work issue.

     Motion by Commissioner Carey, seconded by Commissioner McLean, to adopt Resolution #2007-R-211, as shown on page _______, amending the County's Administrative Code Section 22.5, Financial Policies to revise existing policies addressing Budget Execution and Amendment, with the addition of a standing report coming from staff to the Board for approval, as discussed.

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

-------

     Ms. Spriggs presented the request to approve use of the target formula as a means to allocate the funding within the $2 Court Technology Fee Fund and unfreeze the State Attorney’s Office position.  She explained that staff is proposing a formula-based concept they look at as a target for this year and going forward.  It is based on the model that Brevard County has used.  She explained how the funding would work and said this would still come to the Board for approval.  She explained the revisions staff made (copy received and filed). 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve use of the target formula as a means to allocate the funding within the $2 Court Technology Fee Fund; unfreeze the State Attorney’s Office position; and approve associated changes.

     Ms. Morse advised that the Clerk’s Office has worked with the Judiciary in their new imaging system where whatever they put on their calendar also appears in the Clerk’s system and whatever the Clerk’s Office dockets appears on their calendar.  Her staff has also started receiving everything from the Jail’s Booking Department directly into the Clerk’s computer which will be sent directly, electronically, to the State Attorney and to the Public Defender.  Those are some things they are trying to work through.  This should help alleviate a lot of redundancy they have now.

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

 

-------

 

     Lin Polk, Budget Manager, presented the request for adoption of the Capital Improvement Project Budget Proposal Resolution for Fiscal Years 2007/2008 through and including 2011/2012.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute the Capital Improvement Project Budget Proposal Resolution #2007-R-212, as shown on page _______, for Fiscal Years 2007/2008 through and including 2011/2012.

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

-------

     Ian Sikonia, Planner, addressed the Board to present request for approval of the Final Master Plan and Developer’s Commitment Agreement for the Lake Mary Westin PUD, consisting of 5.64± acres, located on the northwest corner of the intersection of CR 46A and International Parkway (YRG Hotel Group II, LLC).  He advised of a change to page 2 of the Developer’s Commitment Agreement under Open Space Calculations, Minimum Open Space Required, to read Parcel A - .24 acres and Parcel C - 1.8 acres.  He said staff is recommending approval of the request.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for the Lake Mary Westin PUD, consisting of 5.64± acres, located on the northwest corner of the intersection of CR 46A and International Parkway (YRG Hotel Group II, LLC).

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

-------

     Tina Williamson, Acting Planning Manager, addressed the Board to present request for approval of the Final Engineering Plans for Wekiva Landings (a/k/a Wekiva Golf Club Townhomes) consisting of 48 units on 4.96+/- acres located at 200 Hunt Club Boulevard (Mark Sweeney/DRMP).

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve the Final Engineering Plans for Wekiva Landings (a/k/a Wekiva Golf Club Townhomes) consisting of 48 units on 4.96+/- acres located at 200 Hunt Club Boulevard (Mark Sweeney/DRMP).

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

-------

     Tom Tomerlin, Planner, addressed the Board to present request to approve the proposed application form for Brownfield Area designation requests and authorize staff to conduct a fee assessment study associated with Brownfield Area designation requests.

     Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the application form for Brownfield Area designation requests and authorize the Planning and Development Director to modify and update the application form on an as-needed basis; and authorize the Planning and Development Director to conduct a fee assessment study associated with processing a Brownfield Area designation request.

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

-------

     Mr. Tomerlin presented the requests to schedule and advertise public hearings to consider the designation of two parcels located within the vicinity of 2950 Railroad Avenue, located west of State Road 417, east of Tuskawilla Road, and south of State Road 434 as Brownfield Areas (L.D. Plante, Inc.); and schedule and advertise a public hearing to consider the designation of the Lowe’s site located at 6735 17-92 Fern Park, located east of US 17-92 and south of Fernwood Blvd. as a Brownfield Area (Lowe’s Home Improvement, Inc.). 

     Commissioner Carey said she confirmed with staff this morning that all advertising and hearing costs will be paid for by the applicants.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize the Planning and Development Director to schedule and advertise public hearings to consider the designation of two parcels located within the vicinity of 2950 Railroad Avenue, located west of State Road 417, east of Tuskawilla Road, and south of State Road 434 as Brownfield Areas (L.D. Plante, Inc.); and authorize the Economic Development Director to schedule and advertise a public hearing to consider the designation of the Lowe’s site located at 6735 17-92 Fern Park, located east of US 17-92 and south of Fernwood Blvd. as a Brownfield Area (Lowe’s Home Improvement, Inc.). 

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

County Manager’s Briefing

 

     Ms. Coto stated she will bring her items before the Board during the afternoon session.

-------

     Chairman Henley recessed the meeting at 11:46 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

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/A. Duda & Sons (Continued)

     Continuation of a public hearing to consider request to vacate and abandon unnamed platted right-of-ways containing a combined area of 3.357 acres lying adjacent to and south of Lots 22 and 123; lying adjacent to and north of Lot 125; lying adjacent to and east of Lots 129 and 130; lying adjacent to and south of Lots 132 and 133; lying adjacent to and north of Lots 134 and 135; and lying adjacent to and west of Lots 135 and 136; all in the Plat of Slavia Colony Company’s Subdivision, as recorded in Plat Book 2, Page 71, Public Records of Seminole County, Florida; less that portion of the aforesaid unnamed right-of-ways lying west of the easterly right-of-way line of SR 425 (Aloma Ave.); further described as located on the east side of Aloma Avenue, approximately ¼ mile south of West Mitchell Hammock Road, in Section 21, Township 21 S, Range 31 E, as described in the proof of publication, A. Duda & Sons, Inc.

     Cynthia Sweet, Development Review, addressed the Board to advise this item was continued from the October 23, 2007 meeting in order to give the applicant an opportunity to meet with the adjacent property owners, John & Patricia Baumgardner, to negotiate a temporary construction access to their property and for their surveyor to correct a scrivener’s error in the legal description.

     Leslie Curry, representing A. Duda & Sons, addressed the Board to state Duda & Sons submitted an application more than 15 months ago.  These right-of-ways have not historically been used by the public nor have been maintained by the County.  Duda & Sons has maintained the right-of-way off of SR 426 for 90 years.  The adjacent property owners (John & Patricia Baumgardner) were not interested in joining Duda & Sons with this application or selling their property.  After reviewing the application, County staff requested that they revise the application to remove the right-of-way to the east and to the south of the Baumgardner’s property so they would have access to their parcel.  Duda & Sons agreed to the request and their surveyor revised the legal descriptions and sketches.  Vacating the right-of-way is crucial to Duda’s development plan for a mixed use site.  The city of Oviedo approved the conceptual site development plan in October.  This vacate will allow Duda & Sons to build much needed office space for them as well as additional office space for other businesses and to bring additional jobs to Seminole County.  She stated Duda & Sons has met with the Baumgardners to see if they could come up with an agreement, and a temporary easement for construction activities was offered to them.  The Baumgardners are considering installing a culvert across the Lightwood-Knot Canal to move dirt from their south parcel to their north parcel.   The Baumgardners have requested that a perpetual easement be granted for maintenance activities.  Duda & Sons has agreed to record the agreement, sketch and legal description of easement within 90 days.  Mr. & Mrs. Baumgardner have requested that one of the conditions relating to the Baumgardner’s dedicating to Duda & Sons or Seminole County a maintenance and access agreement along the Lightwood-Knot Canal be removed and Duda & Sons have agreed to do that.  She pointed out that the Baumgardners have two curve cuts on Mitchell Hammock to access their north parcel.  Their south parcel has historically been surrounded by drainage ditches to the east and to the south.  They currently do not have vehicular access from the right-of-way to the south parcel without installing a culvert.  She stated the one point that the Baumgardners need to be asked is how they have historically accessed their north parcel from the south parcel.  Duda & Sons has offered to buy the Baumgardners’ property and they have agreed in writing (letter received and filed) to give Mr. & Mrs. Baumgardner a perpetual easement and they are requesting the Board approve the vacate.

     Charles Madden, 431 Horatio Ave., addressed the Board to state he is representing Mr. & Mrs. Baumgardner and he has been involved with this project for the last couple of weeks.  When the Baumgardners were approached about the right-of-way vacate, they didn’t understand at that point that if this went through, the property south of the canal wouldn’t have access to a public road.  He stated he has been working diligently in trying to solve the problems and he feels they are close to having an agreement with Duda & Sons.  There are about 3 acres of uplands on the south side of the ditch and the biggest concern is getting the dirt from the south side of the ditch in reasonable fashion.  The Baumgardners are willing to commit up to $30,000 towards the construction crossing when their property is developed. 

     Upon inquiry by Chairman Henley, Mr. Madden advised the Baumgardners property is for sale and they would like an agreement with Duda & Sons that gives them an option of having a maintenance easement.  There is a long-term maintenance of getting the dirt to the north side of the ditch.  The Baumgardners do not want anything from Duda & Sons but to protect their own interest. 

     Mr. Madden explained to Chairman Henley what conditions were unacceptable to the Baumgardners. 

     Commissioner Carey stated the culverts were originally installed by the Dudas at their own expense and the only option is to come off of Mitchell Hammock Road and put in their own culvert.  She stated nothing would exist out there if the Dudas hadn’t put in the infrastructure to fund their operations.

     Mr. Madden stated the 30 ft. right-of-way would still exist if the infrastructure wasn’t there, and whoever built the retention pond would have cleared it and done a temporary dirt road out to Aloma.  The County would require a maintenance bond and there are some costs involved in that.  That is why Mr. & Mrs. Baumgardner felt that committing $30,000 to do a temporary crossing was a fair number. 

     Commissioner Dallari stated the surrounding property owner is requesting vacating some right-of-way and not hindering what the remaining piece of property has access to.  He stated he feels the two property owners are entertaining a private agreement outside the purview of the County.

     Robert McMillan, County Attorney, stated the only time there is an issue is when all access is cut off to the property, and the property is accessible by other routes and off Mitchell Hammock.  This is something that both parties need to work out.

     Mr. Madden stated he understands that they have access off of Mitchell Hammock, but if that was their only access to utilize the property south of the ditch, they would have to do a permanent crossing.

     Commissioner Carey stated when you have unique development issues and conditions exist, it is usually priced accordingly for that development process.  They are going to need to maintain it in the future. 

     Chairman Henley stated he believes Duda & Sons are in charge of the situation because the Baumgardners may not want to go with the other access but that may be the only option if they do not want to accept the conditions laid out.

     Commissioner Van Der Weide stated this is Duda property and they are trying to vacate a right-of-way on their property and the Baumgardners are concerned with getting across a creek that is on their property.  He stated the Baumgardners will be selling their property and that would go with the property and for whoever wants to develop it, that would be the cost of doing business.  He feels Duda & Sons have bent over backwards to work something out with the Baumgardners.

     Mr. Madden stated the Baumgardners support the vacate, but they just want to develop a pond in order to get the dirt to the north side of the ditch.

     Commissioner Dallari stated he believes this is a private issue between the two property owners and he feels the two entities will come up with an agreement.

     Ms. Curry stated she would like to remind the Board that they have an offer to grant the Baumgardners a temporary construction easement and a perpetual easement agreement but neither one has been accepted to date. 

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-213, as shown on page ________, vacating and abandoning unnamed platted right-of-ways containing a combined area of 3.357 acres lying adjacent to and south of Lots 22 and 123; lying adjacent to and north of Lot 125; lying adjacent to and east of Lots 129 and 130; lying adjacent to and south of Lots 132 and 133; lying adjacent to and north of Lots 134 and 135; and lying adjacent to and west of Lots 135 and 136; all in the Plat of Slavia Colony Company’s Subdivision, as recorded in Plat Book 2, Page 71, Public Records of Seminole County, Florida; less that portion of the aforesaid unnamed right-of-ways lying west of the easterly right-of-way line of SR 425 (Aloma Ave.); further described as located on the east side of Aloma Avenue, approximately ¼ mile south of West Mitchell Hammock Road, in Section 21, Township 21 S, Range 31 E, as described in the proof of publication, A. Duda & Sons, Inc., subject to the applicant voluntarily dedicating drainage and access easements over the existing ditches and the Lightwood-Knot Canal. 

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

REZONE/Ronald Devlen

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone approximately 1.26 acres located at 4021 Church Street, from A-1 (Agriculture) to PCD (Planned Commercial Development), Ronald Devlen, received and filed.

     Austin Watkins, Planning, addressed the Board to state the applicant is requesting a rezone to PCD in order to develop a 3,715 square foot office building.  The Future Land Use designation of the subject property is Higher Intensity Planned-Target Industry.  The proposed use is an engineering office, which is consistent with the Seminole County Comprehensive Plan FLU Exhibit 23, Target Industry Uses.  Staff recommends approval of the request.

     Upon inquiry by Commissioner Carey, Tina Williamson, Interim Planning Manager, addressed the Board to advise they are required to build sidewalks as part of the site plan process.

     Jerry McCollum, County Engineer, advised Church Street has been turned over to the city of Sanford and prior to that the County required that sidewalks be constructed.  He stated he believes Church Street will be upgraded at some point and he believes there will be sidewalks on that plan.

     Upon further inquiry by Commissioner Carey, Mr. McCollum advised staff has been working very closely with the city of Sanford and he will check to see if that is their intent.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner McLean to adopt Ordinance #2007-42, as shown on page ________, to approve request to Rezone approximately 1.26 acres located at 4021 Church Street, from A-1 (Agriculture) to PCD (Planned Commercial Development), and approval of the Preliminary Site Plan and Development Order, as shown on page ________, as described in the proof of publication, Ronald Devlen, based on staff findings.

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

REZONE/Paul Hoffman

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone approximately 0.27 acres located on the west side of East Lake Brantley Drive, approximately 400 ft. north of SR 434, from RP (Residential Professional) to RP (Residential Professional), Paul Hoffman, received and filed.

     Mr. Watkins stated the BCC approved rezoning the property from R-2 to RP on October 14, 1994 to allow for a management office with a maximum of three employees.  The Development Order required that any other office use be approved by the Board after a determination that sufficient parking is available.  The applicant is proposing that general office use is a permittable use of the property.  The site plan depicts seven parking spaces and one handicap space.  The applicant is also requesting increasing the number of employees to six and to amend the development order from the required six-foot masonry wall to a five-foot masonry wall.  All other conditions of the 1994 development order will remain the same.  Staff is recommending approval of the request with the following to be excluded from the General Office use:  Medical and Dental Offices, Dental and Medical Clinics, and Medical and Dental Laboratories. 

     Paul Hoffman, applicant, addressed the Board to state he agrees with staff recommendations.

     No one spoke in support or in opposition.

     District Commissioner Van Der Weide recommended prohibiting the use of blood labs in the development order. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt Ordinance #2007-43, as shown on page ________, to approve request to Rezone approximately 0.27 acres located on the west side of East Lake Brantley Drive, approximately 400 ft. north of SR 434, from RP (Residential Professional) to RP (Residential Professional), and approve the associated Site Plan and Revised and Restated Development Order, as shown on page ________, as described in the proof of publication, Paul Hoffman, based on staff findings, including the prohibition of a blood lab. 

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

 

PCD MAJOR AMENDMENT

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from PCD (Planned Commercial Development) to PCD (Planned Commercial Development), approval of Revised and Restated Development Order, Final Site Plan and Revised and Restated Developer’s Commitment Agreement for the Vantage Point PCD consisting of 9.38+/- acres, located on the southwest corner of the intersection of Monroe Road and Maronda Way, Jerry Cutrona, received and filed.

     Mr. Watkins submitted a revised development order and developer’s commitment agreement (received and filed).  He referred to Page 2 of the development order and stated the following should read in Item C, “outdoor storage shall be allowed” and the following language will be stricken, “Outdoor storage for Building 2 shall not allow storage of materials within parking spaces or driveway aisles”; “Item D, “any increase in office area shall require a minor amendment to the PCD to ensure adequate parking on the site”.  He referred to the Developer’s Commitment Agreement and advised that the following shall be stricken:  Item D, “Any increase in office area shall require a minor amendment to the PCD to ensure adequate parking on the site” and Item 10b, “A left turn lane on Monroe Road is required to be constructed by Vantage Point Properties, LLC; unless Monroe Road improvements have commenced by Seminole County, then no improvements to Monroe Road will be required by Vantage Point Properties, LLC”.  He referred to Item 6, Building Setbacks and stated the west building setback should read 10 ft.  He stated the applicant is requesting to increase the maximum square footage from 100,000 sq. ft. to 106,229 sq. ft. and increase the allocation of office from a maximum of 30% to 50%.  The applicant is proposing an additional 17,280 sq. ft. of office uses and a decrease of 11,051 sq. ft. of warehouse uses.  The applicant is proposing to construct 286 parking spaces and he is requesting shoe-box cut-off style outdoor lighting 25 ft. in height.  The current development order requires that outdoor lighting be limited 16 ft. in height.  Pursuant to Seminole County Land Development Code, the Outdoor Lighting Requirements allow industrial-zoned properties up to 25 ft. in height provided that they are cut-off fixtures and located within 200 ft. from a residential zoned property.  The applicant desires to remove a condition of approval which requires cross access to the northern property (Monroe Commerce Center).  The cross access was not required as it was not feasible and all other conditions of approval will remain the same.  Staff recommends approval of the request.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance 2007-44, as shown on page _________, approving the Vantage Point PCD Major Amendment Rezone from PCD (Planned Commercial Development) to PCD (Planned Commercial Development), approval of Revised and Restated Development Order, as shown on page _________, Final Site Plan and Revised and Restated Developer’s Commitment Agreement, as shown on page ________, for the Vantage Point PCD consisting of 9.38+/- acres, located on the southwest corner of the intersection of Monroe Road and Maronda Way, as described in the proof of publication, Jerry Cutrona, based on staff findings. 

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

 

WATER SUPPLY FACILITIES WORK PLAN

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to approve an ordinance adopting the 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 state staff transmitted the proposed amendments to the Department of Community Affairs (DCA) and St. Johns River Water Management District for review on August 8, 2006; and staff has updated the Objections, Recommendations and Comments (ORC) Report discussed with the DCA. 

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance #2007-45, as shown on page _________, adopting the 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.

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

LEGISLATIVE UPDATE

     Lisa Spriggs, Fiscal Services Director, submitted a copy of the Property Tax Reform (received and filed) proposal that was approved on October 29, 2007.  She began by reviewing the Proposed Constitutional Amendment-SJR 2D that will go to referendum on January 29, 2008.  She stated the total revenue impact will be a total of $20 million ($15.1 million General Fund and $4.9 million Fire Fund).  She reviewed the following four amendments relating to modified Homestead Exemption; Portability of Save our Homes; Tangible Personal Property Exemption; and Non-Homestead Property Assessment Cap.  She reviewed the Provisions and Revenue Impacts of the Modified Homestead Exemption, Portability of Save our Homes, Tangible Personal Property Exemption, and Non-Homestead Property Assessment Cap.  She also reviewed the following issues relating to Language Not Included from the Original 2007D Session Proposal:  No Local Government Revenue Caps; No Exemption for Low-Income Seniors; No Exemption for First-time Homebuyers; No Provisions for Affordable Housing; No Working Waterfront Assessment Provisions; and No Property Appraisers Provisions.  She concluded by reviewing the Critique of SJR 2D. 

     Upon inquiry by Commissioner Van Der Weide, Ms. Spriggs advised she has not heard from the Senate or House if there are any adjustments to HB 1B. 

     Commissioner Carey stated there is no cap to what is already in place.  Discussion ensued.  She stated she would like to know if the homestead exemption for low-income seniors passes in January, will it be adjusted or brought back.

     Ms. Spriggs stated that is still a local option for low-income seniors and they would have to qualify as low income.

     Commissioner McLean stated he feels the message they are dealing with the “Save our Homes” system is the original intent that was discussed and it has not been dealt with and the gap is getting wider.  He stated the Board needs to make that message clear and consistent in order to have an outcome that will be effective.

     Commissioner Van Der Weide stated he wholeheartedly agrees, but there is confusion amongst the Board and they need to get the definition of what is reality and what they are thinking.

     Mr. McMillan stated he suspects that the Legislature will react to what happens in January.

     Commissioner Van Der Weide stated he doesn’t think they have the real definition of where they are at.  If they are going to educate the people intelligently, they need to have some idea of what they are voting on.

     Ms. Coto stated the overall portability issue is an unknown because it is a guesstimate based upon trends they have seen with respect to turnover of homes over the last several years.   The majority of the $20 million is associated with the double exemption and staff feels comfortable with that number.  It is difficult to say what the portability issue will be.  Discussion ensued.

     Commissioner McLean stated whatever they come up with they need to have a clear and understandable message.  He stated if they double the homestead, they are going to be dealing with people and programs and that is the message they need to get out to the public.

     Commissioner Dallari stated they need to get a game plan together to educate the public.

     Ms. Coto stated a committee had been established and at the last meeting it was decided that because the School Board had a different issue than the County, and the cities had a different perspective than the County, there is no longer a Seminole County initiative as it relates to education on this issue.  Everyone decided that their message is different.  She said that Seminole County residents could be very well informed and vote appropriately, but they may not carry the State.

     Commissioner Carey stated she spoke to the Chamber Issues Committee about property tax reform and after the County explained what it meant, they were astounded.  She stated the County should be running a fact-finding program on SGTV on the pros and cons of the program.

     Ms. Coto stated the Property Appraiser and SGTV have been working together in providing a video relating to the original ballot issue.  Staff has had discussions with the Property Appraiser but it is difficult to come up with what form of educational message they are able to identify.

     Chairman Henley recommended instructing staff to prepare a program as to the effect of the service rendered by the government based upon the anticipated cuts.

     Ms. Coto stated she believes Bright House will be moving SGTV to Channel 199.

     Chairman Henley stated he feels it is important that the County has a program of their own indicating what the impact would likely be if this amendment passes.  The Board had no objections.

-------

     Chairman Henley recessed the meeting at 2:40 p.m., reconvening at 2:50 p.m., with all Commissioners in attendance.

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter dated 10/23/07 to Chairman (with attachments) from Mike McDaniel, Chief-Office of Comprehensive Planning-Department of Community Affairs, re: Review of Seminole County Comprehensive Plan Amendment (DCA 07-02).  (cc:  BCC, Co. Manager, Planning & Development Director, Co. Attorney)

 

2.    Memorandum dated 10/12/07 to Chairman from Linda Batman, Chairman-Museum of Seminole County History, re: Areas of concern regarding the Museum.  (cc:  Co. Manager, Co. Attorney, Library Services Director)

 

3.    Memorandum undated to Whom It May Concern from Steve Bracknell, Police Chief-City of Lake Mary, re: New Police Chief.  (cc:  BCC, Co. Manager, Planning & Development Director, Co. Attorney, Sheriff’s Office)

 

4.    Letter dated 10/24/07 to Chairman from Tracy Schmidt, CNL Holdings, re: Appreciation for funding a portion of the Central Florida Regional Commission on Homelessness.  (cc:  BCC, Community Services Director)

 

5.    Copy of letter dated 10/25/07 to Governor Charlie Crist (with attachment) from Lisa Spriggs, Legislative Coordinator, re: Resolution opposing Senate Bill 24-C.

 

6.    Letter dated 10/23/07 to Chairman from Sherry Fincher, Executive Director-Meals on Wheels, re: Appreciation for funding for Meals on Wheels services.

 

7.    Letter dated 10/16/07 to Resident from Thomas Kline, Project Administrator-HDR, re: Bear Lake Road drainage improvement project.  (cc:  BCC, Co. Manager, Administrative Services Director)

 

8.    Memorandum dated 10/22/07 to BCC and Co. Manager from Chief Penny Fleming, Administrative Services-Sheriff’s Office, re: FY 2006/07 budget closeout fund return in the amount of $1,846,950.91.

 

9.    Notice of public hearings from the City of Lake Mary re: Colonial Center Heathrow DRI on November 1, 2007 and November 15, 2007.  (cc:  BCC, Co. Manager, Planning & Development Director, Co. Attorney)

 

10.    Copy of memorandum dated 9/28/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County records. 

 

11.    Copy of memorandum dated 10/05/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County records. 

 

12.    Copy of memorandum dated 10/12/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County records. 

 

13.    Copy of memorandum dated 10/19/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re:  Submission into County records.

 

14.    Letter dated 8/17/07 to Chairman from Gerald Seeber, City Manager-City of Oviedo, re:  Sanitary sewer construction-Girls and Boys town expansion project.

 

15.    Copy of letter dated 10/25/07 to Karen Gievers, Esquire (with original correspondence attached) from Ray Valdes, Tax Collector, re:  Past collection of statutory fees on disabled parking placard issuance.

 

16.    Copy of letter dated 10/24/07 to Jack & Ramona Campbell from Bryan Nipe, Streetscapes & Trails Manager, re:  Appreciation for recent donation.

 

17.    Contract, as shown on page ________, for Services between Seminole County Government and Vincent Bavaro (Umpire).

 

18.    Copy of letter dated 11/01/07 to Gary Teramae, Chair-Seminole Community Mental Health Center, from David Medley, Director-Community Services, re: Community Services funding guidelines. 

 

19.    Letter dated 11/02/07 to Chairman from Ana Viamonte Ros, State Surgeon General-Florida Department of Health, re: Award of emergency medical services grant.  (cc:  BCC, Co. Manager, Fiscal Services Director)

 

20.    Letter dated 10/30/07 to Chairman from Thomas Walters, Mayor-City of Oviedo, re: Request for vacation of public right-of-way from A. Duda & Sons.  (cc:  Co. Attorney, Planning & Development Director)

 

21.    Letter dated 11/01/07 to Chairman from Ray Valdes, Tax Collector, re: Remittance of “refund” check in the amount of $6,827,958.

 

22.    Letter dated 10/24/07 to Chairman from Kurt Browning, Secretary of State, re: Recently signed comprehensive elections reform package.  (cc:  BCC)

 

23.    Contract, as shown on page ________, for services between Seminole County Government and Delma Rosa (scorekeeper).

 

24.    Copies of letters dated 10/31/07 from Tad Stone, Director of Public Safety, re: Appreciation for recent donations to the following:  Kathleen Banner; Theresa Boston; George Cara; Brenda Cioe; Sidney Crouter; Johnrae Earl; Kathy Faria; Linda Griffin; Bill Griffin; Amy Hamlin; Shirleen Harms; Valeria Jamil; and Dianne Johnson.

 

25.    Copy of letter dated 11/08/07 to Ronald McLemore, City Manager-City of Winter Springs (original correspondence attached), from Cynthia Coto, Co. Manager, re: Pedestrian Overpass at State Road 434/Winter Springs Town Center.

 

26.    Notice of Public Service Commission hearing & pre-hearing regarding Bellsouth interconnection agreement on 11/30/07.  (cc:  BCC, Co. Manager, Co. Attorney, Franchise Coordinator)

 

27.    Letter dated 11/01/07 to Chairman (with attachments) from Thelma McPherson, City Clerk-City of Casselberry, re: Annexation of Oleander Way.  (cc:  BCC, Co. Manager, Co. Attorney, Planning & Development Director, Supervisor of Elections, Property Appraiser)

 

28.    Copy of letter dated 11/02/07 to Congressman John Mica from Barbara Lipscomb, City Manager-City of Casselberry, re: Appreciation and support for his involvement with State Road 436/US 17/92 overpass.  (cc:  Co. Manager)

 

29.    Letter dated 11/02/07 to Chairman from Barbara Lipscomb, City Manager-City of Casselberry, re: Appreciation for attending recent State Road 436/US 17/92 overpass meeting.

 

30.    Copy of letter dated 11/05/07 to Sabrina O’Bryan, EDC (with attachment), from Carol Foster, City Clerk-City of Lake Mary, re: Support resolution for Project Cumberland.  (cc:  BCC, Co. Manager, Co. Attorney)

 

31.    Memorandum dated 11/06/07 to BCC (with attachment) from Austin Watkins, Senior Planner, re: Request to withdraw Bright Horizons Daycare small scale land use amendment and rezone.

 

32.    Notice and agenda for Seminole Co. Port Authority meeting on 11/14/07.

 

33.    Copy of letter dated 11/07/07 to the Coduto Family from Bryan Nipe, Streetscapes and Trails Manager, re: Appreciation for recent donation.

 

34.    Copy of letters of various dates from Tad Stone, Director of Public Safety, re: Appreciation for recent donations to the following:  Tracy Murphy; Paula Nemethy; Julie Shea; Kirk Swan; Jeanet Jones; Laurie Magyar; Marsha Oakes; Dario Obando; Felicia Reedy; Sue Renn; Arlene Sanberg; Agnes Spielmann; Grace Stephenson; Richard Vitray; Kristine Wilkinson; Maggie Boreman; Terrie Brunious; Kim Dunning; Cheryl Hofsommer; Susan Johnson; and Barbara Martinez.

 

CHAIRMAN’S REPORT

     Chairman Henley stated he received a letter from Cortez Towing Service asking for a towing increase from $112 to $125.  He stated he will provide a copy of the letter to the Board and they will decide at a later date.

DISTRICT COMMISSIONERS’ REPORTS

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-214, as shown on page _________, commending William Poe for his services on the Port Authority.

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

-------

     Commissioner McLean stated the Lake Mary/Heathrow Festival of the Arts was held on November 2, 2007 and everyone had a great time.  He stated he would like to wish everyone Happy Thanksgiving.

-------

     Commissioner Van Der Weide stated three commissioners attended the Sanford Veterans Day parade and it was a very nice event and it went as expected.  He stated he attended a luncheon at the VFW post in Longwood after the parade.

-------

     Commissioner Van Der Weide updated the Board on the Heroes Memorial.  He stated they are working on a regular basis with the committee, and an account has been opened and they have been receiving checks.  An RFP for the design has been processed and that will be presented to the Board at the December 11, 2007 meeting.  He said a lot of people are participating in this and they almost have come to a decision on the logo design.  He added a website and brochures are needed so that people will know where to send money. 

-------

     Commissioner Carey stated the time has come to make appointments and reappointments to committees.  She stated she feels it would make sense to combine the Natural Lands Committee and Trails Committee as some of the volunteers are without a mission.

     Commissioner Dallari stated he feels that is a good idea and he would encourage the Board to do that.

     Upon inquiry by Chairman Henley, Commissioner Carey advised she would recommend combining the two committees and limit the number of members.

     Ms. Coto stated there might be a way to combine the Parks & Recreation Committee with those two committees as well.

     Commissioner Carey stated she feels the Board should hold off on the appointments of those committees at this time.

-------

     Commissioner Carey stated there was a great turn out at the Veterans Day parade and she would like to thank the city of Sanford for putting it on.

-------

     Commissioner Carey stated Friday, November 30, 2007 is the Sanford Tree Lighting Ceremony and Saturday is the Sanford Christmas parade and she hopes that everyone will participate in that event.

-------

     Commissioner Carey stated the city of Altamonte Springs and Progress Energy will be presenting the 7th Annual Lighting of Cranes Roost Park on Saturday, December 1st from 5:00 p.m. to 8:00 p.m., and Mr. & Mrs. Claus will be attending.

-------

     Commissioner Carey stated the city of Lake Mary will be doing the Holiday in the Park on Friday, December 7 from 6:00 p.m. to 8:00 p.m., and the tree lighting will be at 6:45 p.m. and Santa will be arriving at 7:00 p.m.

-------

Commissioner Carey stated the city of Winter Springs will host a holiday tree lighting on Saturday, November 24, 2007, at the Winter Springs Town Center, starting at 6:00 p.m.

-------

     Commissioner Carey stated she will be donating turkeys with each commissioner’s names on them to various organizations and she would like to wish everyone a Happy Thanksgiving.

-------

     Commissioner Dallari stated at the last meeting, he made a motion to nominate Debra Reimers to the Trails & Greenways Task Force and she indicated that she will be unable to serve, therefore, he would like to rescind that motion.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to rescind the motion appointing Debra Reimers to the Trails & Greenways Task Force.

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

-------

     Commissioner Dallari stated this past Saturday the city of Oviedo had their first Veterans Celebration and he would like to thank Commissioner McLean for attending.

-------

     Commissioner Dallari stated he met with Father John Bluett from the Saint Stephens Church in Tuskawilla and he invited all the Board members to tour the Pathway to Cure.   He stated he feels that organization does a phenomenal job for the underprivileged individuals.

-------

     Commissioner Dallari stated he received a phone call from a resident relative to illegal citizens working in Seminole County, and he would like Ms. Coto to review the County’s policy on contractors having to employ registered citizens.

     Ms. Coto stated she believes a situation occurred recently with a vendor doing that.

     Mr. McMillan stated it is a violation of State Statutes to hire illegal immigrants.

     Commissioner Dallari stated if someone is in violation of the contract, then they should relinquish the contract.

     Mr. McMillan stated the County’s contract provides that they have to comply with the State Statutes and if they violate it, the process will be terminated.

     Commissioner Dallari requested that staff review that inhouse to make sure that is the way it is taking place.

     Commissioner Van Der Weide recommended that the County Manager get with the Sheriff to see what it would take for this County to take over enforcement of illegal immigrants.

COMMITTEE REPORTS

     No Report.

COUNTY MANAGER’S REPORT

     Ms. Coto stated at the October 23, 2007 meeting, the Board made a motion to authorize the Tax Collector to extend the 2007 tax roll until the completion of the VAB hearings and that needs to be corrected.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize the Tax Collector to begin collection of the 2007 tax roll prior to the completion of the VAB hearings.

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

-------

     Ms. Coto stated she is seeking direction as it relates to the Seminole Chamber of Commerce.  She stated she received a letter from the Chamber of Commerce Chairman Ashworth inquiring whether or not if the Board is interested in pursuing membership with the Chamber of Commerce.  She said the government membership benefits package is $5,000 and the money, if approved by the Board, could be taken out of Economic Development’s budget.

     Commissioner Carey stated since Economic Development has the funds, she sees no problem doing that.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize taking funds out of Economic Development’s budget for the Seminole County Chamber of Commerce membership.

     Under discussion and upon inquiry by Chairman Henley, Ms. Coto advised this is the only Chamber the County has participated in at a general government level.

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

     Commissioner Henley voted Nay.  He stated he doesn’t think the Board needs to spend money for this when they can join individually.

-------

     Ms. Coto stated at the last Board meeting, Commissioner McLean brought up that he had been asked to serve as a volunteer on a committee for Floridians for Smarter Growth.  She stated that organization was established relating to educating residents across the State opposing the Hometown Democracy.  She said she spoke to Ryan Hauck, Executive Director, and he indicated that this is a volunteer organization that attempts to build local leadership teams throughout Florida.  The intent of the team is to work between the statewide effort and the local effort as a liaison position.  At the last BCC meeting, it appears that Commissioner McLean was bringing this issue up as an informational item and not as an endorsement.

     Commissioner Van Der Weide stated he doesn’t have a problem with it if Commissioner McLean wants to do it as a volunteer position.

     Commissioner Dallari stated if it is a volunteer position and if he would like to do it, it is his prerogative.

     Commissioner McLean stated he will be glad, as the process moves on, to bring back information.

REORGANIZATION OF THE BOARD

     Chairman Henley passed the gavel to the County Attorney Robert McMillan to act as temporary Chairman to the BCC.  He opened the floor for nominations for the Chairman of the BCC for 2007/2008. 

     Commissioner Van Der Weide nominated Commissioner Carey to serve as Chairman of the BCC.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to close the nominations for Chairman of the BCC.

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

     Mr. McMillan advised that Commissioner Carey is the new Chairman of the BCC for 2007/2008.  The gavel was surrendered to Chairman Carey.

     Chairman Carey opened the floor for nominations for the Vice Chairman of the BCC for 2007/2008.

     Commissioner Dallari nominated Commissioner McLean to serve as Vice Chairman of the BCC for 2007/2008.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to close the nominations for Vice Chairman of the BCC for 2007/2008.

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

-------

     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize Commissioner Henley to sign the payroll until such time as a new signature plate is made.

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

-------

     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:15 p.m., this same date.

 

 

ATTEST_______________________Clerk_____________________Chairman

cc/er