BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

DECEMBER 11, 2007

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, December 11, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Michael McLean (District 2)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Clerk of Court Maryanne Morse

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Absent:  Commissioner Carlton Henley (District 4)

 

     The Invocation was given by Pastor Wendell Bishop, First Baptist Church, Sanford.

     Commissioner Dallari led the Pledge of Allegiance.

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     Chairman Carey recognized Maryanne Morse, Clerk of Court, for being in attendance, and advised that Commissioner Henley is absent due to an illness.

AWARDS & PRESENTATIONS

     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-215, as shown on page ________, commending Stephen E. Hrindich for his 23 years of service to Seminole County and its citizens.

     Districts 1, 2, 3 and 5 voted AYE.


     The Resolution was presented to Mr. Hrindich, who addressed the Board to express his appreciation.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-216, as shown on page ________, commending John McDaniel, Jr., for his 23 years of services to Seminole County and its citizens.

Districts 1, 2, 3 and 5 voted AYE.

     The Resolution was presented to a staff member, who accepted the resolution on behalf of Mr. McDaniel.

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     Chairman Carey stated the SWOP Program requested assistance approximately a year ago to expand their facility, and the County provided an interest-free loan to them.  She stated the final payment is being made today and SWOP would like to present the check.

     Mayor John Bush, City of Winter Springs, addressed the Board to state on behalf of the SWOP Board of Directors, they want to show their appreciation for the interest-free loan.

     Bill Poe addressed the Board to state it is a great feeling of relief to say they are prepared to pay their just due.  He submitted a check to the Board for the final payment and he stated SWOP is debt free and clear.

     At the request of Chairman Carey, Mr. Poe explained what the SWOP program is all about.  He stated the disabled citizens have been placed in a work environment and they have met and exceeded any challenge that is placed before them.  He added he is proud to report that none of them are on welfare or food stamps and they are able to earn their own keep by performing tasks. 

     Commissioner Dallari thanked the SWOP organization for the services they bring to the County.  He stated he knows there will be some trying times in the future and he encouraged them to come back for assistance.

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     Chairman Carey recessed the meeting at 9:43 a.m. for the purpose of convening the U.S. Highway 17-92 Community Redevelopment Agency (CRA) meeting.  Chairman Carey reconvened the BCC meeting at 9:45 a.m.

COUNTY MANAGER’S CONSENT AGENDA

     Cindy Coto, County Manager, addressed the Board to advise that there is additional backup material for Item #6, Approve Change Order #2 to DB-0577-06.  She stated there was a minor correction in the language relating to square footage for Item #19, approve Second Renewal and Fifth Amendment to Reflections at Hidden Lake Lease.  She clarified that Item #30, Budget Amendment Request approval, the 1991 Infrastructure Tax Fund references to a reserve balance of $85 million.  After the $79 million loan balance was deducted, the net available balance is $6 million.  Additional information and backup for Item #33, approval of Budget Amendment Request, was provided.  She informed the Board of the following add-ons:  Item #36A, Approve Budget Amendment Request in the amount of $158,562; and Item #60A, Garth A. Schweizer Landscape Architect business damage claim.  She stated if the Board would like Item #22, approve Managed Pharmacy Benefit Services Agreement, pulled for a separate vote, staff will be happy to provide additional information for that.  The Board voiced no objections to same.

     Commissioner Dallari requested that Item #12, staff to negotiate rates for PS-2685-07, be pulled for a separate vote as he has some questions regarding same.

     Commissioner McLean asked staff if they had a chance to examine the SCC/Heathrow building for Item #16, approve First Amendment to Tourism Office Space Lease. 

     Ms. Coto stated Mr. McDermott has had discussions with SCC about future expansion for the Tourism office and they have looked at whether or not potentially to move that office within the next phase.

     Commissioner Dallari requested that staff review the travel distance in getting to the office.

     Commissioner McLean stated he doesn’t see the School Board in the 800 MHz Rebanding Interlocal Agreement (Item 20) even though they have been involved in that system. 

     Robert Beach, BITS Director, addressed the Board to state staff is still working with the School Board and it will come back to the Board.

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

4.  Confirm appointment of Sabrina O’Bryan as Assistant County Manager effective December 17, 2007 at an annual salary of $72,012.93.

5.  Adopt and authorize the Chairman to execute appropriate Resolution #2007-R-217, as shown on page _________, establishing revisions to Section 1.5 of the Seminole County Administrative Code, removing Addressing Division for BIT and placing it back into Planning & Development Department.

 

Administrative Services

Purchasing and Contracts

6.  Approve and authorize the Chairman to execute Change Order #2, as shown on page ________, to DB-0577-06/DRR with American Bridge Company of Orlando, Florida in the amount of $293,369.00 for the change of elevation of the pedestrian overpass over U.S. Hwy 17-92 at General Hutchison Parkway as requested by FDOT in conjunction with the Air Space Agreement.

7.  Award CC-2583-07/DRS, as shown on page ________, Seminole County Health Department Specialty Clinic Renovation Project in the amount of $235,000.00 to Southern Building Services, Winter Garden, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary for the interior renovation of the Seminole County Health Department Specialty Clinic.

8.  Award CC-2702-07/DRS, as shown on page ________, Seminole County Public Safety/Sheriff’s Building Fire Alarm Replacement in the amount of $198,735.00 to Jacksonville Sound & Communications, Jacksonville, Florida, for all labor, materials, equipment, transportation, coordination and incidentals necessary for the installation of a new fire alarm system for the Seminole County Public Safety Building Complex.

9.  Approve the revised Award Agreement, as shown on page ________, for PS-2084-07/LKR - Architectural and Engineering Services for the Design and Construction Administration of Jetta Point Park.

10.  Approve ranking list and authorize staff to negotiate rates for PS-2249-07/BHJ - Continuous Construction Engineering and Inspection Services Agreement for Construction Projects less than $1 million with DMJM Harris of Orlando; Keith & Schnars, Inc. of Orlando; and PB Americas of Orlando (estimated usage of $750,000.00 per year).

11.  Approve ranking list and authorize staff to negotiate rates for PS-2404-07/BHJ - Final Design Services for SR 426 Safety Improvements - Division Street to SR 46 with Earth Tech Consulting, Inc. of Orlando, Florida ($700,000.00 estimated usage amount over the term of the Agreement).

13.  Assignment of RFP-4188-03/BJC, as shown on page _________, Security Services for Seminole County from Allied Protection Services, Inc., Fort Myers, Florida, to Allegiance Security Group, LLC, Morehead City, North Carolina.

14.  Award RFP-600174-07/TLR, as shown on page _________, Integrated Library Automation System to Sirsi Corporation d/b/a SirsiDynix, Provo, UT.

15.  Award RFP-600237-07/GMG, as shown on page ________, Seminole County Household Hazardous Waste (HHW) Program to EQ Florida, Inc., Tampa.

Support Services

16.  Approve and authorize the Chairman to execute First Amendment, as shown on page ________, to the Tourism Office Space Lease with Columbine Management Group, Inc., to include Common Area Maintenance (CAM) terms.

17.  Approve and authorize the Chairman to execute the Mutual Termination, as shown on page ________, of the Lease between Seminole County and the Seminole County Sheriff's Office relative to Minibike Trail at the Seminole County Landfill.

18.  Approve and authorize Chairman to execute Reflections at Hidden Lakes, Inc. Tenant Estoppel Certificates, as shown on page ________, for four (4) leases: Reflections Tower and Front space; Reflections Tanks offices; Reflections Community Services offices; and Reflections Environmental Services Program Management Contract space.

19.  Approve and authorize Chairman to execute Second Renewal and Fifth Amendment, as shown on page ________, to the Reflections Tower and Front Office Space Lease Agreement between Seminole County and Reflections at Hidden Lake, Inc.

 

Business Innovation Technology Services

Operations

20.  Approve and authorize Chairman to execute the Seminole County 800 MHz Rebanding Interlocal Agreement, as shown on page ________, with all the cities and the Sanford Airport Authority.

 

Community Service

Administration

21.  Approval by the Board of County Commissioners to allow the Florida Healthy Kids Corporation to retain $4,490.65 as local match for 2007/08; and authorization for the Chairman to execute the Refund Acknowledgment and Response Option, as shown on page ________.

Community Assistance

23.  Approve and authorize the Chairman to execute the following Community Service Agency Grant Agreements, as shown on page ________, with Boys & Girls Clubs of Central Florida; Intervention Services, Inc.; Lighthouse Central Florida, Inc.; Meals on Wheels, Etc., Inc.; Seminole County Coalition for School Readiness, Inc.; Seminole County Public Schools Midway Safe Harbor Center; Seminole County Victim’s Rights Coalition, Inc.; Seminole Community Volunteer Program, Inc.; Special Olympics Florida, Inc.; Christian Sharing Center, Inc.; Seminole Work Opportunity Program; Salvation Army Family Focus Program; Visiting Nurse Association of Central Florida, Inc.; Kids House of Seminole, Inc.; and Amendment to Seminole Community Mental Health Center, Inc., for the 2007-2008 budget year.

24.  Approve and authorize the Chairman to execute the Satisfactions, as shown on page ________, of Second Mortgage for the following:  Anthony & Maria Cartagena; Mary E. Cooper; Dorothy E. Davis; Marilyn Guzman; Paula B. Marting; Patricia F. & Wilbert Wells; and Lillian R. Gipson, for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program.

Economic Development

Operations

25.  Adopt appropriate Resolution #2007-R-218, as shown on page _________, approving the issuance of industrial development revenue bonds not to exceed $10,000,000.00 for Harvest Time International.

Environmental Services

Water and Sewer

26.  Approve participation in the amount of $25,000.00 for the St. Johns River Water Management Districts 2008 Water Conservation Public Awareness campaign; and authorize Department Director or designee to submit participation form for funding. 

Fiscal Services

Administration

27.  Approve and authorize the Chairman to execute the Grant Agreement, as shown on page ________, between the Florida Division of Emergency Management and Seminole County in acceptance of $102,959.00 for the Emergency Management Preparedness Assistance (EMPA) Base Grant.

28.  Approve submittal of a Grant Application to the Florida Department of Health requesting $180,000.00 through their Emergency Medical Services (EMS) Matching Grant Program for the purchase of Zoll Autopulse devices; and authorize the Chairman to execute supporting documents, as shown on page ________.

29.  Approve submittal of Grant Applications to Workforce Central Florida requesting up to $50,000.00 through their Employee Training Grant Program for reimbursement of countywide employee training and/or certifications; and authorize the County Manager or designee to execute supporting documents.

Budget

30.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-219, as shown on page ________, implementing Budget Amendment Request (BAR) #08-21 through the 1991 Infrastructure Sales Tax fund in the amount of $64,000.00 to provide additional funding for mitigation expenditures related to County Road 419 (Phase I) Improvements.

31.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-220, as shown on page ________, implementing Budget Amendment Request (BAR) #08-25 through multiple funds in the amount of $88,341,694.00 to carry forward the remaining unexpended project funds from FY 2006/07 into FY 2007/08.

32.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-221, as shown on page _________, implementing Budget Amendment Request (BAR) #08-26 through the General Fund in the amount of $226,721.00 to recognize the budgetary impact of the Addressing reorganization.

33.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-222, as shown on page _________, implementing Budget Amendment Request (BAR) #08-27 through the Fire Protection Fund in the amount of $75,000.00 to provide additional funding for the design and construction of Fire Station 13.

34.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-223, as shown on page _________, implementing Budget Amendment Request (BAR) #08-28 through the 1991 Infrastructure Sales Tax Fund and the Arterial Transportation Impact Fee Fund in the amount of $5,100.00 to provide funding for the acquisition of a permanent easement in conjunction with the County Road 426 (Phase III) Road improvement project.

35.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-10 through the 2001 Infrastructure Sales Tax Fund in the amount of $145,000.00 to recognize the cancellation of the Geneva Area Sidewalk project and reallocating the funds to other purposes.

36.  Approve and authorize the Chairman to execute the Budget Change Request (BCR) #08-11 to the Stormwater Fund in the amount of $65,750.00 to provide funding for monitoring of various stormwater mitigation projects.

36A. Approve and authorize the Chairman to execute appropriate Resolution #2007-R-224, as shown on page _________, implementing Budget Amendment Request (BAR) #08-32 through the Municipal Services Benefit Unit Fund in the amount of $158,562 to carry forward remaining unexpended project funds for the Charter Oaks MSBU project from FY2006/07 into FY2007/08.

 

Library Services

Administration

37.  Approve and authorize the Chairman to execute a Substitute Agreement, as shown on page ________, between Seminole County and United Arts of Central Florida.

Planning and Development

Administration

38.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-225, as shown on page _________, renaming Wynn Road in the Jamestown subdivision to Wynn Manor Way.

Development Review

39.  Authorize the release of the Al Baja Properties, LLC a/k/a Florida's Child Daycare Maintenance Agreement and Irrevocable Letter of Credit #113 in the amount of $2,523.10 for the Florida's Child Daycare road improvements.

40.  Authorize the release of the Signature Development Corporation a/k/a Sandy Lane Reserve Phase II Maintenance Bond #MB6283 in the amount of $23,000.00 for the Sandy Lane Reserve Phase II road improvements.

41.  Authorize the release of the Via Tuscany Development, LLC a/k/a Tuscany Island HOA Maintenance Agreement and Letter of Credit #F847288 in the amount of $21,992.40 for the Tuscany Island road improvements.

42.  Authorize the release of the Upsala Road ROW - Regency Oaks Right-of-Way Utilization Permit Maintenance Bond #929367674 in the amount of $8,103.00 for the Upsala Road ROW - Regency Oaks road improvements.

43.  Authorize the release of Performance Bond #40092848 in the amount of $1,836,548.00 for Bella Foresta subdivision improvements, as requested by Platte River Insurance Company (Laura D. Mosholder).

44.  Approve and authorize the Chairman to execute the final plat for the Veramonte Subdivision located on the corner of Long Pond Road and west of Interstate 4 in Section 13, Township 20 South, Range 29 East.

Planning

45.  Approve and authorize the Chairman to execute the "Interlocal Agreement, as shown on page _________, for Public Transit Services between Seminole County and The Central Florida Regional Transportation Authority" (LYNX) for Fiscal Year 2008.

46.  Approve the Satisfaction of Lien, as shown on page _________, in the amount of $600.00, Case No. 07-56-CEB, on 6198 Linneal Beach Drive, Apopka, Tax Parcel #19-21-29-501-0000-0260, owned by Judith D. Tinnell, and authorize the Chairman to execute same.

 

Public Safety

Emergency Management

47.  Approve and authorize Chairman to execute the First Amendment, as shown on page _________, to Memorandum of Understanding, Use of School Board Facilities as Mass Care Shelters and the Transportation of Evacuees.

Public Works

Engineering

48.  Approve and authorize the Chairman to execute an Amendment to a Non-Exclusive Drainage Easement and Joint Infrastructure Agreement, as shown on page _________, to facilitate the joint use of a retention pond constructed in conjunction with the County Road 46A, Phase I project, with Heathrow 4 and Florida Bank of Commerce.

49.  Approve and authorize the Chairman to execute an Interlocal Utility Construction Agreement, as shown on page _________, with the City of Altamonte Springs to facilitate the construction of City utilities within County rights-of-way in conjunction with the Bunnell Road/Eden Park Avenue (a/k/a Eden Park Road) Project.

50.  Approve and authorize the Chairman to execute a Pipeline Longitudinal Occupancy Agreement, as shown on page _________, with CSX Transportation, Inc., in conjunction with the County Road 46A, Phase III, project (CSX Agreement No. CSX-05701).

51.  Approve and authorize the Chairman to execute a Purchase Agreement, as shown on page ________, between Longwood/Lake Mary, LLC, and Seminole County for property needed in conjunction with the County Road 427, Phase III, Road Improvement project.

52.  Adopt appropriate Resolution #2007-R-239, as shown on page _________, accepting a Drainage Easement, as shown on page _________, from Daniel C. and Melissa A. Heslep necessary for drainage improvements to Oakhurst Street.

53.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-226, as shown on page __________, accepting eight (8) Quit Claim Deeds and one (1) Corrective Quit Claim Deed, as shown on page __________, with the following:  Eva C. Rogers; Patricia L. & Robert Beckham; Larry F. & Eva Faye Green; Mary Kathleen Speigle, f/k/a Mary Kathleen Anderson; Michael V. Davis; James & Scarlett Toner; Georgia N. Carter; Lawrence P. Eckenrode; and Jerry W. Lord, Jr., and Lilla  B. Lord, for property needed for the Magnolia Avenue paving project. 

54.  Adopt appropriate Resolution #2007-R-227, as shown on page _________, and authorize the Chairman to execute a County Deed, as shown on page __________, conveying property (FDOT Parcel No. 100) necessary to construct or improve State Road No. 400 (Interstate 4) to the Florida Department of Transportation (FDOT).

55.  Adopt appropriate Resolution #2007-R-228, as shown on page _________, and authorize the Chairman to execute a County Deed, as shown on page ________, conveying property (FDOT Parcel No. 103) necessary to construct or improve State Road No. 400 (Interstate 4) to the Florida Department of Transportation (FDOT).

Roads-Stormwater

56.  Approve and authorize the Chairman to execute a Revenue Agreement, as shown on page ________, between Seminole County and the St. Johns River Water Management District for the Seminole County Watershed Action Volunteer (WAV) Program Coordination.

57.  Approve and authorize the Chairman to execute a Revenue Agreement, as shown on page _________, between the University of Florida and Seminole County for the Seminole County Florida Yards and Neighborhood Program.

 

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

 

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     Commissioner Dallari stated the reason why he asked for a separate vote for Item #12, authorize staff to negotiate rates for PS-2685-07, is there seems to be two responses from the same company, and he would also like to hear Commissioner Van Der Weide’s comments on this issue.

     Chairman Carey indicated that there are two different companies that responded, one is Bellomo-Herbert & Company and the other is Herbert-Halback.

     Commissioner Van Der Weide stated the project will eventually be turned over to the County for maintenance.  He stated they are going through the hoops that any government project goes through.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve ranking list and authorize staff to negotiate rates for PS-2685-07/DRS, Architectural and Engineering Services for the Seminole County Fallen Heroes Memorial, with Herbert-Halback, Inc., Orlando (not to exceed $200,000 over the term of the Agreement).

     Under discussion, Chairman Carey stated before a lot of money is spent for the design, the Board needs to see some conceptual plan so they will know which direction they are going.

     Ms. Coto stated once staff reaches an agreement with the firm, a contract will come back to the Board.  The first element the Board will see is the concepts so they can point staff in the right direction.

     Districts 1, 2, 3 and 5 voted AYE.

 

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     David Medley, Community Services Director, addressed the Board to review what Item #22, The Managed Pharmacy Benefits Services Agreement between Seminole County, CaremarkPCS Health, L.P. and NACo, will provide for the non-insured and under-insured residents, what the savings will be for the residents, and that the drug program can be used for pets. 

     Mr. Medley explained for Chairman Carey how the consumer card program is going to be distributed.

     Upon inquiry by Commissioner McLean, Mr. Medley advised the counties that he spoke to indicated that they have not encountered any issues with this program. 

     Upon inquiry by Chairman Carey, Mr. Medley indicated that if the Board approves this, staff would like 2/1/08 as the target date and the turnaround time would be four to eight weeks.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize Chairman to execute The Managed Pharmacy Benefits Services Agreement, as shown on page ________, between Seminole County, CaremarkPCS Health, L.P. and NACo.

     Districts 1, 2, 3 and 5 voted AYE.

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

58.  Authorization to make a counteroffer based on the report of the County's business damage expert up to the amount of $297,655.00 in damages for the complete loss of the business, exclusive of statutory interest, attorney's fees, and cost reimbursements of amended business damage claim filed by Flightline of Sanford, Inc. relating to Parcel Numbers 103/703 on the County Road 15 project.

59.  Authorization to make a counteroffer based on the report of the County's business damage expert up to the amount of $138,363.00 in damages, exclusive of statutory interest, attorney's fees, and cost reimbursements of claim filed by Land Technologies, Inc., relating to Parcel I.D. Number: 16-19-30-5AB-0500-0030 (Lawlor property) on the Lockhart Smith Canal Project.

60.  Approve proposed negotiated settlement relating to Parcel Numbers 103/703 (Singh property) of the County Road 15 road improvement project. The proposed settlement is at the total sum of $254,113.00 inclusive of all compensation to the owners, attorney fees of any kind, all costs, interest and any other matter for which Seminole County might be obligated to pay relating to these parcels.

60A. Authorization to make a counteroffer of $313,397.14, based on the recommendation of County’s experts relating to Parcel Numbers 128/728A/728B/728C (Garth A. Schweizer Landscape Architect) on the County Road 15 project.

Other

61.  Adopt appropriate Resolution #2007-R-236, as shown on page ________, requiring SCIDA board members to file financial disclosure statements; Resolution #2007-R-237, as shown on page _________, requiring SCOPA board members to file financial disclosure statements; and Resolution #2007-R-238, as shown on page ________, amending the Administrative Code regarding SCIDA and SCOPA board members filing financial disclosure statements.

Property Acquisition

62.  Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 729B of the Lake Emma Road improvement project, Regency Park at Lake Mary Condominiums, located at Regency Park at Lake Mary Condominiums on Secret Harbor Lane, for $38,055.00, inclusive of statutory attorney fees, expert's fees and cost reimbursements interest and any other matter for which Seminole County might be obligated to pay relating to this parcel.

 

     Districts 1, 2, 3 and 5 voted AYE.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

63.  Approval of Expenditure Approval Lists, as shown on page ________, dated October 29 & November 5 & 13, 2007; and approval of Payroll Approval Lists, as shown on page _________, dated November 1 & 15, 2007; approval of Investment Policy Amendment, as shown on page ________; approval of BCC Official Minutes dated October 23, 2007; and noting, for information only the following Clerk’s received and filed:

 

1.   Sixth Amendment, as shown on page _________, to Term Contract RFP-4174-02, Vila & Son Landscaping.

 

 2.  Purchase Agreement, as shown on page ________, for Temporary Construction Easement with Hidden Cove Property Owners Association, Inc., as approved per Binding Written Offer on June 12, 2007.

 

 3.  Work Orders #54 and #55, as shown on page _________, to RFP-4214-04.

 

 4.  Amendment #1, as shown on page _________, to RFP-1221-06, MGT of America, Inc.

 

 5.  Change Order #1, as shown on page _________, to CC-1996-07.

 

 6.  Work Order #10, as shown on page _________, to PS-1074-06.

 

 7.  Work Order #47, as shown on page _________, to CC-1267-05.

 

 8.  Term Contract IFB-3075-03, as shown on page _________, Plexus Uniforms.

 

 9.  Maintenance Agreement and Letter of Credit, as shown on page __________, in the amount of $29,148 for Provenance Townhomes.

 

10.  Certificate of Completion, as shown on page _________, for Work Order #9 to CC-1075-06.

 

11.  Change Order #2, as shown on page _________, to CC-0926-06.

 

12.  Amendment #1, as shown on page __________, to Work Order #73 for PS-556-00.

 

13.  Basic Contract #M-2721-07, as shown on page _________, Florida Realty Analysts, Inc.

 

14.  Work Order #10, as shown on page _________, to RFP-4240-05.

 

15.  First Amendment, as shown on page _________, to PS-1025-06, Hughes Associates, Inc.

 

16.  Certificate of Completion, as shown on page _________, for Work Order #4 to CC-1284-06.

 

17.  Work Order #15, as shown on page _________, to PS-1529-06.

 

18.  Temporary Construction Easement, as shown on page _________, with Robert W. and Elizabeth D. Witt.

 

19.  Amendment #1, as shown on page _________, to RFP-60006-06/GMG Term Contract with Cato Environmental Services, Inc.

 

20.  Amendment #3, as shown on page _________, to IFB-3086-04 Term Contract with Vulcan Signs.

 

21.  Work Orders #11, 12 and 13, as shown on page _________, to RFP-0225-05.

 

22.  Second Amendment, as shown on page __________, to Litigation Consultant Services Agreement with Gerson, Preston, Robinson & Co., P.A.

 

23.  Amendment #3, as shown on page _________, to Work Order #50 for PS-5150.

 

24.  Purchase Agreement, as shown on page __________, for Temporary Construction Easement with Brentwood Club Homeowners’ Association of Longwood, Inc.

 

25.  Temporary Construction Easements, as shown on page __________, with Michael J. Kott and Suzanne Cornwell; and James G. and Lois S. Craigo.

 

26.  Title Insurance Policy No. A81-0266881, Special Warranty Deed and Corporate Warranty Deed, as shown on page __________, for CR 15 (Monroe Road), Parcel Nos. 100, Aldi (Florida) LLC.

 

27.  Newsletter and Letter to Official Records Customer from Martha O. Haynie, County Comptroller, Orange County regarding automatic ACH debit transfers.

 

28.  Amendment #1, as shown on page _________, to Work Order #4 for PS-596-01.

 

29.  Amendment #1, as shown on page _________, to Work Order #5 for PS-596-01.

 

30.  Change Order #5, as shown on page _________, to CC-0569-06.

 

31.  Amendment #1, as shown on page _________, to Work Order #17 for PS-0381-06.

 

32.  Change Order #3, as shown on page ________, to CC-1237-06.

 

33.  Maintenance and Escrow Agreement and Cash Maintenance Bond, as shown on page ________, in the amount of $1,623 for the project known as Aloma Jancy Animal Hospital.

 

34.  Work Order #13, as shown on page _________, to CC-1075-06.

 

35.  Work Orders #1 and #2, as shown on page _________, to CC-2190-07.

 

36.  Conditional Utility Agreements, as shown on page __________, for Water and Sewer Service with Meridian Acquisition Group, Pinecrest Development, and Heathrow Country Club LLC.

 

37.  Conditional Utility Agreements, as shown on page __________, for Potable and Reclaimed Water and Sewer Service with C & G Markham, Inc.

 

38.  Letter of acceptance and Bill of Sale, as shown on page _________, for Water and Sewer Systems within the project known as Palm Valley Professional Center.

 

39.  Amendments, as shown on page _________, to the Conditional Utility Agreements for Water and Sewer Service with Lakeside United Methodist Church, Inc.

 

40.  Letter of acceptance and Bill of Sale, as shown on page ________, for Potable and Reclaimed Water System within the project known as Olsen Estates.

 

41.  Development Orders, as shown on page _________, for the following as follows:  Joseph J. De Paolo, Jr.; Brenda B. & Patrick Duncan; Lois Mae Paulucci Revocable Trust; Daniel & Wendy Spivey; Jerry & Betsy Thornton; Wavie Alloway; Westbrook Davenport; Yougraj BeHarry, Daisey Avenue (Lot 20) and Chinaberry Avenue (Lot 3); Christina & Terry Gentry; R. Goldberg, Trustee; Wildredo Vegas & Evelyn Pedrosa; Kenneth P. & Susan C. Bourgoin; James R. & Lisa J. Palmer; Judith H. Southard; Matt & Andrea Noufer; Charles & Cristhyani Selsor; Alexys A. Oyer; Roxanna C. Garcia; Keith & Sandra Featherston; Anne Austin; and PACE Private Schools, Inc.;

 

42.  Corrective Satisfaction of Second Mortgage, as shown on page _________, for Kathryn Fryer, approved by the Board on July 24, 2007.

 

43.  Addendum #17, as shown on page ________, to Wekiva Golf Club Townhomes.

 

44.  Addendum #1, as shown on page _________, to Savannah Park at Heathrow PUD Developer’s Commitment Agreement.

 

45.  Satisfaction of Code Enforcement Lien, as shown on page _________, Case No. 95-32-CEB, for Joel Choate, as approved by the Board on February 27, 2007.

 

46.  Addendum #1, as shown on page _________, to the Hawthorne Glen PUD Developer’s Commitment Agreement.

 

47.  Satisfaction of Code Enforcement Lien, as shown on page _________, Case No. 06-89-CEB, Phillip J. Brutus, as approved by the Board on July 24, 2007.

 

48.  IFB-600250-07 Contract, as shown on page ________, with All American Aquatics Co. 

 

49.  W.O. #2, as shown on page ________, to PS-0147-05. 

 

50.  C.O. #8, as shown on page ________, to CC-1636-08. 

 

51.  W.O. #11, as shown on page _________, to RFP-0013-06.

 

52.  Amendment #1, as shown on page _________, to M-2379-07. 

 

53.  W.O. #53, as shown on page ________, to RFP-4214-04. 

 

54.  W.O. #22, as shown on page _________, to PS-0381-06. 

 

55.  IFB-600250-07 Contract, as shown on page _________, with Applied Aquatic Management, Inc. 

 

56.  Amendment #3, as shown on page _________, to W.O. #1 to PS-1529-06. 

 

57.  Amendment #2, as shown on page _________, to W.O. #5 to PS-1529-06. 

 

58.  W.O. #80 & #81, as shown on page _________, to PS-5165-04. 

 

59.  Proof of publication, as shown on page _________, for VAB Petition hearings for exemptions. 

 

60.  W.O. #12, as shown on page _________, to PS-1075-06. 

 

61.  W.O. #56, as shown on page _________, to RFP-4214-04. 

 

62.  IFB-600168-07 Agreement, as shown on page _________, with Helena Chemical Co. 

 

63.  W.O. #3, as shown on page _________, to PS-5186-05. 

 

64.  Amendment #3, as shown on page _________, to W.O. #2 to PS-1020-06. 

 

65.  M-2758-07 Contract, as shown on page __________, with Extech. 

 

66.  Performance Bond, as shown on page __________, for Veramonte aka Long Pond Subdivision in the amount of $388,714. 

 

67.  W.O. #17, as shown on page _________, to CC-1075-06. 

 

68.  W.O. #5, as shown on page _________, to RFP-4196-03. 

 

69.  W.O. #14, as shown on page _________, to RFP-0225-05. 

 

70.  W.O. #1, as shown on page ________, to RFP-0996-06. 

 

71.  Letter from City of Casselberry Clerk, Thelma McPherson, transmitting a copy of Ordinance #07-1227, Annexation of 380 Oleander Way. 

 

72.  W.O. #19, as shown on page _________, to CC-1075-06. 

 

73.  Second Amendment, as shown on page ________, to RFP-4224-04, with Dr. Eddie Delvalle. 

 

74.  W.O. #18, as shown on page ________, to PS-1529-06. 

 

75.  W.O. #7, #8, & #9, as shown on page _________, to PS-1020-05. 

 

76.  W.O. #53, as shown on page _________, to PS-5102-02. 

 

77.  8th Amendment, as shown on page _________, to IFB-3089-04. 

 

78.  Maintenance Bond, as shown on page _________, for Delphini Industrial Park in the amount of $2,897.30. 

 

79.  W.O. #18, as shown on page _________, to CC-1075-06. 

 

80.  W.O. #4, as shown on page _________, to PS-5140-03. 

 

81.  IFB-3101-05 Contract, as shown on page ________, with Site Secure, Inc. 

 

82.  W.O. #44, as shown on page _________, to CC-1267-05. 

 

83.  W.O. #5, as shown on page _________, to CC-0012-05. 

 

84.  W.O. #19, as shown on page _________, to PS-1529-06. 

 

85.  Amendment #1, as shown on page _________, to W.O. #3 to PS-1529-06. 

 

86.  Amendment #1, as shown on page _________, to W.O. #7 to PS-1529-06. 

 

87.  Amendment #1, as shown on page ________, to M-600259-07. 

 

88.  Amendment #1, as shown on page _________, to W.O. #4 to PS-5185-05. 

 

89.  Memorandum from St. Johns River Water Management District RE:  2008 Governing Board Meeting Schedule. 

 

90.  Purchase Agreement, as shown on page _________, for Parcel #731B, Lake Emma Road Improvement Project with Ambassador III L.P. 

 

91.  W.O. #16 & #17, as shown on page _________, to PS-5175-04. 

 

92.  Florida Domestic Preparedness Grant, as shown on page _________, for WMD/HazMat Response as approved by the BCC on June 12, 2007. 

 

93.  W.O. #3, #4, #5, #6, #7 & #8, as shown on page _________, to CC-1741-07. 

 

94.  Development Orders, as shown on page ________, for Board of Adjustment approvals for July 23, 2007 as follows:  Bryan & Robyn Schulman #07-3000068; Linda Hersey #07-30000063; William & Kristyn Shaffer #07-30000056; Susan & Randall Hanson #07-30000057; John Foster #07-30000061; Lucindo & Martha Fidalgo #07-30000062; Steven C. & Janet R. Risner #07-30000066; Ryan Gentile #07-30000069; Ronald C. Qualls #07-30000070; Justin King #07-30000071; Cory A. Caslow & Roberta J. Davis #07-30000064; Michael J. & Maria L. Kutz #07-30000072; John J. & Janet E. Fyles #07-30000073; Robert D. & Shannon Dowell #07-300000074; Helen Miller #07-3100008; and Lake Howell Plaza Partnership, LLC #07-3100009. 

 

95.  Certified Copy of Satisfaction of Code Enforcement Lien, as shown on page _________, for Edna Swigonski, as approved by the BCC on September 11, 2007. 

 

96.  Bids for the following:  RFP-600254-07; RFP-2574-07; CC-2702-07; CC-2583-07; CC-2648-07; CD for Bid CC-2648-07; CD for Bid RFP-2251A07; CC-2641-07; and RFP-2251A-07. 

 

Sheriff’s Office

64.  Approve and authorize the Chairman to execute appropriate Resolution #2007-R-229, as shown on page ________, implementing Budget Amendment Request (BAR) #08-23 increasing the Sheriff's Office FY 2007/08 budget by $14,152.00 for appropriation of unclaimed evidence funds.

65.  Approval by the Seminole County Board of County Commissioners to contribute $16,000.00 from the Sheriff's Law Enforcement Trust Fund to the "Take Stock in Children" Mentoring and Scholarship Program administered by the Foundation for Seminole County Public Schools, Inc.; and $750.00 to Seminole Community College on behalf of one selected student.

 

     Districts 1, 2, 3 and 5 voted AYE.

REGULAR AGENDA

     Ray Hooper, Purchasing Manager, addressed the Board to seek direction regarding RFI-600219-07/BJC-Aeromedical Helicopter Services.  The County issued a RFI with the intention of evaluating the feasibility for the acquisition of aeromedical helicopter services.  These services will include Emergency Medical Services helicopter to be used for emergency response within Seminole County and to agencies outside the County during mutual aid requests.  The Board directed staff on November 11, 2007 to compile a matrix to compare additional information from both of the firms, Omniflight Helicopters, Inc. and Air Methods/Life Net Corp.

     Upon inquiry by Chairman Carey, Tad Stone, Public Safety Director, addressed the Board to explain what staff’s analysis were of the two firms that responded to the aeromedical services.  He stated after the reviews, he would recommend not entering a contract with either one of the agencies because he feels they can get the same level of services and the same perimeters established by doing this through the certificate of need and necessity process.  He said Omniflight currently has a COPCN to operate in Seminole County and Air Methods does not.  He added he would recommend that staff negotiate with ORMC to establish the new perimeters for the new Certificate of Necessity based on the responses of the RFI and backup documents.  Staff would negotiate this and bring it back to the Board for consideration.  Staff is also recommending a two-year COPCN.  In addition, staff is recommending that a COPCN be issued to Air Methods so that they can become compliant with the State Statute.  If there is a need for a second helicopter to be based within the County, they would let the market regulate itself.  If their method was determined that there would be enough business to come to the County, staff would then go back with the same perimeters and rework a COPCN.  There is no funding from the County to support any of these operations.  It would allow Vendor #1, Omniflight, to expand their operations and Vendor #2, Air Methods, to be issued a COPCN and become in compliance with the statutes.

     Mr. Stone explained for Commissioner Dallari why staff hasn’t discussed with Orange County their aeromedical services and them wanting to expand.

     Chairman Carey stated the consensus is not to do a contract but issue a COPCN to both firms and negotiate with Omniflight to station the unit here and let the market run itself.

     Commissioner Dallari recommended that staff contact Orange County on this issue as well.

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     Mr. Hooper presented request to award RFP-600244-07/GGM-Lease/Purchase of Computer Equipment and/or Technical Staffing Services to ESQ IT Solutions as outlined in the agenda memorandum. 

     Commissioner McLean confirmed that the County is able to either lease or buy depending on what is advantageous for them. 

     Chairman Carey stated she agrees with moving forward on this process, but they need to look at what the equipment is they are providing to staff; and give them what they need to do their jobs.  However, she feels some of this is overkill and that not everyone needs a 21” flat screen monitor.  She stated she would like to see staff give the Board a count of how many people fall under the entry level category, how many fall under the mid-management category, and how many fall under the high-level category where they need “super doper” computers.

     Ms. Coto stated the previous lease agreement was done for one-size fits all.  The leases were for a 36-month period of time and there was no ability to purchase.  This lease allows for 36, 48 or 60 months.

     Robert Beach, BITS Director, addressed the Board to respond to some of the concerns the Board had with regard to the request.

     Chairman Carey stated she is not going to support buying 100 PC’s with 21” monitors as there are not 100 people in this organization that needs that size of monitor. 

     Commissioner McLean stated five years ago a lot of the business applications could not be anticipated that are now utilized in the systems.  He stated the change in cost of a 21” screen is not that great.

     Chairman Carey stated she doesn’t have a problem with the contract that is before them, but she would like to have some clear direction as far as how is this going to work. 

     Ms. Coto stated staff can bring back the standards to the Board as it relates to what type of justification is required for the high end.  She stated staff will be happy to put together a policy that identifies what type of justification they will have to go through to get anything other than a standard model.

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to award RFP-600244-07/GGM, as shown on page ________, Lease/Purchase of Computer Equipment and/or Technical Staffing Services to ESQ IT Solutions.

     Districts 1, 2, 3 and 5 voted AYE.

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     Bill McDermott, Economic Development Director, addressed the Board to present request to approve a Resolution recognizing I-TradeFX as a Qualified Target Industry (QTI) and providing an appropriation of $80,000 as local participation in the state QTI tax refund program.  He advised I-TradeFX plans to add 100 new jobs with an average salary of $70,000. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-230, as shown on page ________, recognizing I-TradeFX as a Qualified Target Industry (QTI) and providing an appropriation of $80,000 as local participation in the state QTI tax refund program.

     Districts 1, 2, 3 and 5 voted AYE.

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     Mr. McDermott presented request to approve a Resolution recognizing Market Traders Institute as a Qualified Target Industry (QTI) and providing an appropriation of $100,000 as local participation in the state QTI tax refund program.  He stated Market Traders plans to add 125 new jobs paying an average of $63,000 a year.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-231, as shown on page ________, recognizing Market Traders Institute as a Qualified Target Industry (QTI) and providing an appropriation of $100,000 as local participation in the state QTI tax refund program. 

     Districts 1, 2, 3 and 5 voted AYE.

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     Jerry McCollum, County Engineer, addressed the Board to request direction regarding surplus property acquired in conjunction with CR 46A, Phase III, road improvement project from west of Forrest Drive to east of Vinewood Drive.  Staff is recommending declaring 40 ft. of property surplus and constructing a 6 ft. wall along the property line.  One resident had some concerns with regard to the location of the sidewalk.  He displayed a map and reviewed the issue of the sidewalk.  He stated if the Board would like to consider moving it, it will need to be at least 10 ft. from the curb line.

     Chairman Carey stated she would like the Board to allow her to work with Mr. McCollum to make a final decision on the sidewalk based on site conditions and to meet with the residents regarding this issue.  She said she is looking for Board direction to move forward with declaring this property surplus and giving her flexibility to work with staff on the wall and sidewalk.

     Mr. McCollum stated one resident has asked staff to look at  cul-de-sacing Vinewood.  A letter from Hulan Black regarding his concerns was received and filed.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize staff to move forward with declaring surplus property in conjunction with CR 46A, Phase III and authorize Chairman Carey to work with Mr. McCollum and to meet with the residents regarding the sidewalk and the wall.

     Districts 1, 2, 3 and 5 voted AYE.

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     Chairman Carey recessed the meeting at 10:40 a.m., reconvening it 10:49 a.m., with Clerk of Court, Maryanne Morse, reentered the meeting late.

COUNTY MANAGER’S BRIEFING

     Bryan Nipe, Streetscapes and Trails Division Manager, addressed the Board to receive direction concerning improvements to Soldiers Creek Park per Board request during budget hearings on July 31st and August 2.  He reviewed the additional improvements being proposed and the source of funding.  Staff is requesting Board consideration of further funding to address field playability, fencing, and other improvements to mitigate risk.  Staff is also recommending demolition of existing baseball clubhouse/concession/restroom as it has been deemed too costly to renovate.  The total cost for demolition hinges on potential hazard abatement from the structure prior to work.

     Commissioner Van Der Weide stated he knows that Commissioner Henley was interested in the project and he is not in attendance, and he feels the Board should get his input prior to making a recommendation.

     Chairman Carey stated she believes Commissioner Henley was interested in bringing the fields up to speed and she feels staff needs to move forward with this.  Whatever direction is given to staff, they can provide the information to Commissioner Henley. 

     Upon inquiry by Chairman Carey, Mr. Nipe advised the total cost of demolition is $15,000.  He informed Chairman Carey that staff’s intention is to replace certain sidewalks that need to be replaced.  There are certain sidewalks around the park that are hazardous and are not ADA accessible.  Staff wants to provide access to other fields that don’t have sidewalk access at this time.

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

     Upon inquiry by Commissioner Dallari, Ms. Coto advised she has not received any input on this issue from Commissioner Henley.

     Chairman Carey recommended continuing this item to 1:30 p.m.

     Upon inquiry by Commissioner McLean, Mr. Nipe advised staff’s intent is to do the renovation all at once as they would like the fields ready for the winter league ball.

     Commissioner McLean stated because of Commissioner Henley’s long time involvement in this, he would like to give him an opportunity to comment.

     Chairman Carey stated staff will contact Commissioner Henley regarding this item and the Board will bring it back at 1:30 p.m., the first item on the agenda.

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     Joe Abel, Leisure Services Director, addressed the Board to request direction on establishing a fifteen (15) member Leisure Services Advisory Committee that would replace the existing Natural Lands, Trails and Greenways, and Parks & Recreation Advisory Committees effective January 2008.  He reviewed the focus of each of the three committees.  The total number of the three committees is 40 and all three have had a range of attendance commitment ranging from active participation to marginal attendance and participation.  He stated to create a more consistent focus, staff is recommending adopting a combination of the three committees into a Leisure Services Advisory Committee consisting of 15 members, (5 members representing natural land management, 5 members representing trail user groups, and 5 members representing parks and recreation). 

     Chairman Carey stated this came about as the groups started to fulfill their missions.  She stated she feels this is a great idea as it will take some burden off of staff. 

     Upon inquiry by Commissioner Dallari, Mr. Abel advised he is recommending a two-year commitment as they will have people with knowledge, background or interest in trails and parks and recreation.

     Robert McMillan, County Attorney, advised a resolution will be brought back to the Board that will deal with the mechanics of the appointments and whether or not they will be staggered.  Discussion ensued.

     Chairman Carey stated the consensus of the Board is to move forward with establishing a 15-member Leisure Services Advisory Committee that would replace the existing Natural Lands, Trails and Greenways, and Parks and Recreation Advisory Committees effective January 2008.  She stated a resolution will be brought back to the Board at the next meeting.  She asked that the Board members be notified in advance for the appointments, and she requested that staff notify the previous committee members of the Board’s intention.

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     Dori DeBord, Planning & Development Director, addressed the Board to display a PowerPoint Presentation regarding an action plan for conducting a study of the SeminoleWay corridor (i.e. SR 417 Expressway) for purposes of economic development and job growth.  She stated this effort started back on August 28 when the Board asked staff to look at making SeminoleWay an economic corridor.  Staff has worked closely with the City of Oviedo, City of Winter Springs and the City of Sanford.  She began her presentation by reviewing the Study Goals; Study Objectives; SR 417-Creating the Corridor; a Table of Nationwide Personal Transportation Survey; and Maps of Class A Office Space (Employee Base and Salary Base).  She continued by reviewing the Case Study-North I-4 HIP-TI; SeminoleWay Proposed Corridor; and an Analysis regarding Parcel Spread by Type and Size.  She said staff’s recommendations are:  (1) Deal with the Economic Aspect of this Corridor; (2) Look at the Planning Aspects of Infrastructure Needs; and (3) Identify the Marketing & Incentives.  She concluded her presentation by reviewing the Challenges; Time Frame; and Proposed Budget.  She stated staff needs outside help with this as they are busy working on the EAR based amendment process.  She said they believe this study will cost approximately $150,000 ($60,000 economic portion; $55,000 Planning portion; and $33,000 Marketing Incentive).

     Upon inquiry by Chairman Carey, Ms. DeBord advised she was waiting for Board direction with regard to partnering with the cities.  She stated she informed the cities that the County may be going forward with a recommendation of looking for a partnership. 

     Chairman Carey stated as they move forward, the easy place to start is at the intersections and she feels it is important that they have Comp Plan Amendments in place to address the interchanges in this spring cycle.  She stated she would support funding partners with the cities starting with the intersection approach and to try to make sure it is in the early spring.

     Ms. DeBord stated if the Board would give staff direction with splitting the cost of 50/50 with the cities, they can start the economic aspect of the study with the County’s money; and the cities will have to take it to their Boards for approval.

     Chairman Carey stated she was looking for equal partnerships with the cities.

     Commissioner McLean stated he feels the idea of moving forward makes sense, but he would caution the Board of getting involved in a specific allocation of funds only from a standpoint of allowing their partners to individually determine what they can afford. 

     Upon inquiry by Chairman Carey, Ms. Coto advised she reviewed this with Commissioner Henley and he felt the cities would definitely benefit from this as they will receive tax dollars as these interchanges are developed.  Commissioner Henley questioned why a consultant was necessary and she informed him that because of the EAR-based amendment, they do not have enough County staff or city staff to devote more time to it.  If it is going to be done as part of the Comprehensive Plan rewrite, they would need to bring in individuals from the outside.  She stated he felt that they may not need to do it as part of the EAR-based amendment and it can be done later.

     Chairman Carey stated with a four-way split, each entity would have to come up with $37,500.

     Commissioner Van Der Weide stated he would like to think that their partners could come up with $37,000; and if they can’t, they will have a bigger issue on their hands than they thought they had. 

     Commissioner Dallari stated the area they are looking at is one mile off the Expressway; and he would like to know if that includes portions of the Black Hammock.  He said he would like to exclude that from the study as it is part of a rural area.

     Ms. DeBord stated staff could refine the corridor to exclude all rural lands. 

     Commissioner Dallari stated he feels a commitment should be made to not include the rural areas.

     Commissioner McLean stated he feels Commissioner Dallari is making a good point as this has been a community-based initiative. 

     Ms. DeBord advised staff will be glad to redraw the line to take the rural areas out of the corridor analysis.

     Chairman Carey stated she feels that environmental sensitive lands should not be included in this study as well. 

Ms. DeBord informed Chairman Carey that staff will bring back a firm recommendation in January as soon as they get with the Cities’ staffs. 

     Ms. Coto requested the Board authorize up to a certain dollar amount so the economic study could be done while they are negotiating with the cities.  She stated otherwise, staff will not be able to do anything until the January 8, 2008 meeting.

     Motion by Commissioner McLean, seconded by Commissioner Dallari to approve up to $70,000 for the economic portion of the SeminoleWay corridor study; and authorize staff to negotiate with the equal partners (cities) and to come back with recommendations; Budget Amendment Resolution #2007-R-243, as shown on page _______.

     Districts 1, 2, 3 and 5 voted AYE.

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     Sheryl Stolzenberg, Planning, addressed the Board to update the Evaluation and Appraisal Report (EAR) process.  She stated every seven years, the County and cities have to assess their Comprehensive Plan.  She reviewed the studies and programs included in the process relating to the Rural Character, Strategy Plan, Policy Recommendations, Multi-jurisdiction Visioning Process, Availability of Funds, and Possible Changes in Land Use Configuration.  Staff has developed a schedule of key dates to accomplish this effort and that is included in the backup.  Staff is working with an advisory committee to the CRA Board to see how they can change land use designation called mixed development and how they might best suit that so it will accomplish the objectives of the strategy plan for the U.S. 17-92 corridor.  She stated staff is working with SGTV in putting together informational and educational material. 

     Chairman Carey stated Senator Webster and Representative Cannon have asked for a list of things that the Growth Management Plan and Comprehensive Land Plan would keep them from moving forward with the vision of “How Shall They Grow” today. 

     Commissioner Dallari stated he feels they need to continue to move forward on this and he would like to know when and where the community meetings will be held.

     Ms. Stolzenberg stated staff is moving forward in identifying locations and the time.

     The consensus of the Board was to move forward on the proposed action plan and for SeminoleWay (i.e. SR 417 Expressway) to be included in the EAR process.

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     Commissioner Dallari requested the County Manager give him a quick update on Yankee Lake today.

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     The Chairman recessed the meeting at 11:40 a.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

COUNTY MANAGER’S BRIEFING, CONTINUED

     Ms. Coto advised she has spoken with Commissioner Henley with regard to the improvements to Soldiers Creek Park and he concurs with the approach as recommended by staff. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve funding the improvements to Soldiers Creek Park as recommended by staff; Budget Amendment Resolution #2007-R-244, as shown on page _______. 

     Under discussion, Chairman Carey asked if the Board will set a “not to exceed” amount.  Whereupon, Commissioners Dallari and Van Der Weide agreed to include in the motion an amount not to exceed $150,000. 

     Districts 1, 2, 3 and 5 voted AYE. 

PROOFS OF PUBLICATION

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

     Districts 1, 2, 3 and 5 voted AYE. 

CONSIDERATION OF BROWNFIELD AREA

DESIGNATION FOR LOWE’S HOME IMPROVEMENT, INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider designating property located at 6735 U.S. 17-92, Fern Park, east of U.S. 17-92 and south of Fernwood Blvd., leased by Lowe’s Home Improvement, Inc., a Brownfield Area for the purpose of environmental rehabilitation and economic development, and in support of Lowe’s application in the State’s Brownfield Redevelopment Bonus Program, received and filed. 

     John Metsopoulos, Economic Development, addressed the Board to present the request, advising Lowe’s has removed 73 tons of contaminated soil and more than 4,300 gallons of impacted groundwater from the location of the former hydraulic lifts.  He added staff recommends approval of the designation. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-232, as shown on page _______, designating property located at 6735 U.S. 17-92, Fern Park, east of U.S. 17-92 and south of Fernwood Blvd., as described in the proof of publication, leased by Lowe’s Home Improvement, Inc., a Brownfield Area for the purpose of environmental rehabilitation and economic development, and adopt appropriate Resolution #2007-R-245, as shown on page _______, in support of Lowe’s application in the State’s Brownfield Redevelopment Bonus Program. 

     Districts 1, 2, 3 and 5 voted AYE. 

CONSIDERATION OF BROWNFIELD AREA

DESIGNATION FOR L.D. PLANTE, INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider designating two parcels located within the vicinity of 2950 Railroad Avenue, located west of SR 417, east of Tuskawilla Road, and south of SR 434, owned by L.D. Plante, Inc., a Brownfield Area for the purpose of environmental rehabilitation and economic development, received and filed. 

     Tom Tomerlin, Principal Planner, addressed the Board to present the request, advising staff recommends approval of the designation. 

     John Horvath, 1004 Bradford Drive, addressed the Board to speak in support, stating this designation will allow the site to be redeveloped and be a value on the County tax rolls.

     Copy of Speaker Request Form was received & filed.  

     No one else spoke in support or in opposition. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-233, as shown on page _______, designating two parcels located within the vicinity of 2950 Railroad Avenue, located west of SR 417, east of Tuskawilla Road, and south of SR 434, as described in the proof of publication, owned by L.D. Plante, Inc., a Brownfield Area for the purpose of environmental rehabilitation and economic development. 

     Districts 1, 2, 3 and 5 voted AYE. 

CONSIDERATION OF APPEAL AGAINST

BOA, H. DANIEL HUTTER/DAVID WALKER

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to approve a lot size variance from 43,560 square feet to 40,904 square feet; a front yard setback variance from 50 feet to 40 feet; and a side street setback variance from 50 feet to 10 feet for a proposed single family home in the A-1 (Agriculture) District for property owned by George & Sandarah Wilkes located on the southwest corner of the intersection of Elm Street and Shady Palm Cove, received and filed. 

     Planner, Kathy Fall, addressed the Board to present the request, stating the location of the wetlands on the property prohibits the applicant from constructing a home without encroaching into the required setbacks.  Therefore, she stated that staff recommends upholding the Board of Adjustment and granting the variances. 

     George Wilkes, subject property owner, addressed the Board to advise he purchased this property because of the lack of permitting he would have to receive from the Environmental Protection Agency (EPA).  He said that the basic objection to the variance seems to be that the house will be visible from Shady Palm Cove.  However, the adjacent house is visible and Mr. Walker’s house (appellant) is also visible from the road.  He added the EPA has advised him that if he encroaches into the wetlands, it will cost $10,000 to $12,000. 

     Daniel Hutter, Appellant, 4688 Lighthouse Circle, addressed the Board to speak in opposition to the granting of the variance, stating placing the house this close to the street will devalue his property.  He expressed his concern about setting a precedence and that others will want the same variances.  He said this neighborhood is well established and the setbacks should be upheld. 

     Dave Jones, 1160 Elm Street, addressed the Board to advise he owns the property next door to the subject property and his house sits 80 feet from the road.  He stated the only reason his house is visible from the road is because of Hurricane Charlie.  He said he objects to the variances and expressed his concern with rescue vehicles having access.  He said in order to not encroach in the wetlands on his property, he had to build a house that was not his first choice, but his third choice. 

     David Walker, Appellant, 1140 Shady Palm Cove, addressed the Board to read into the Record the appeal he filed with the County with regard to the requested variances. 

     Michele Peterson, 998 Elm Street, addressed the Board to speak in opposition of the variances, stating out of 20 or so homes in the area, only three are visible from the street.  Of those three homes, the closest is 80 feet from the road.  She said this is a rural, agricultural-type road and the area is totally different from a typical subdivision.  She added she feels the variances are inappropriate for the area. 

     No one else spoke in support or in opposition. 

     Speaker Request Forms were received and filed. 

     District Commissioner McLean stated variances, historically, have been tied to unique circumstances because of the concern for setting a precedent.  He said this is a rural area and he does not want to open the door for people to come in and change it.  Therefore, he would recommend reversing the BOA on this item. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to grant the Appeal, thereby, reversing the Board of Adjustment’s decision in approving a lot size variance from 43,560 square feet to 40,904 square feet; a front yard setback variance from 50 feet to 40 feet; and a side street setback variance from 50 feet to 10 feet for a proposed single family home in the A-1 (Agriculture) District for property owned by George & Sandarah Wilkes located on the southwest corner of the intersection of Elm Street and Shady Palm Cove, as described in the proof of publication, H. Daniel Hutter/David Walker. 

     Under discussion, Chairman Carey questioned if Commissioner McLean’s intent is to also deny the lot size variance. 

     Ms. Fall advised the lot would be unbuildable, if the lot size variance is denied. 

     Commissioner McLean clarified the motion, stating his intent is to grant the lot size variance and deny the front yard setback and side street setback variances. 

     Commissioner Dallari agreed to the clarification of the motion. 

     Districts 1, 2, 3 and 5 voted AYE. 

CONSIDERATION OF CAPITAL

IMPROVEMENT ELEMENT 2007

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an ordinance amending the Capital Improvements Element of the Seminole County Comprehensive Plan (Vision 2020 Plan) by updating the text and replacing in full the Exhibits section of the Capital Improvements Element, received and filed. 

     Planner, Sheryl Stolzenberg, addressed the Board to present the proposed ordinance, advising staff recommends adoption of same. 

     John Horvath, 1004 Bradford Drive, spoke in support of the ordinance, stating be believes this is a good thing so the citizens will know where their tax dollars are being spent. 

     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 Ordinance #2007-46, as shown on page _______, amending the Capital Improvements Element of the Seminole County Comprehensive Plan (Vision 2020 Plan) by updating the text and replacing in full the Exhibits section of the Capital Improvements Element, as described in the proof of publication. 

     Districts 1, 2, 3 and 5 voted AYE. 

CONSIDERATION OF LARGE SCALE LAND USE

AMENDMENT & REZONE, HARLING, LOCKLIN & ASSOC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Large Scale Future Land Use Amendment from Suburban Estates (SE) to Low Density Residential (LDR) and rezoning from A-1 (Agriculture) to R-1 (Single Family Dwelling) and R-1A (Single Family Dwelling) for approximately 16.34 acres, located on the south side of Celery Avenue, approximately 600 feet east of Beardall Avenue, Harling, Locklin & Association/Hugh Harling, received and filed. 

     Planner, Austin Watkins, addressed the Board to present the request, advising the applicant proposes to rezone the southern half of the property to R-1, which has a minimum lot size of 8,400 square feet and a minimum width at the building line of 70 feet; and the northern half of the property to R-1A, which has a minimum lot size of 9,000 square feet and a minimum width at the building line of 75 feet.  He further advised the staff conducted the Lot Size Compatibility Analysis and determined that the analysis does support the requested rezoning.  Therefore, staff recommends approval of the amendment and rezoning as requested. 

     Hugh Harling, applicant, addressed the Board to advise he concurs with the staff comments and findings. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended approval. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt Ordinance #2007-47, as shown on page _______, approving a Large Scale Future Land Use Amendment from Suburban Estates (SE) to Low Density Residential (LDR); adopt Ordinance #2007-48, as shown on page _______, approving rezoning from A-1 (Agriculture) to R-1 (Single Family Dwelling); and adopt Ordinance #2007-49, as shown on page ______, approving rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling) for approximately 16.34 acres, located on the south side of Celery Avenue, approximately 600 feet east of Beardall Avenue, as described in the proof of publication, Harling, Locklin & Association/Hugh Harling. 

     Districts 1, 2, 3 and 5 voted AYE. 

REQUEST TO REZONE FROM A-1

TO R-1AA, HUGH HARLING

 

     Proof of Publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling) on .388 acres, located on the southeast corner of Derbyshire Road and Thunder Road, Hugh Harling, received and filed. 

     Planner, Ian Sikonia, addressed the Board to present the request, advising the subject property is an unplatted parcel within an existing subdivision, which was the site of an old private water plant that has since been demolished.  He stated staff conducted the lot size compatibility analysis and determined the analysis does support the requested rezoning.  He said the P&Z Commission voted unanimously to recommend approval of the rezoning; and staff also recommends approval. 

     Hugh Harling, applicant, stated at the P&Z meeting an issue was brought up regarding drainage.  He said there is a drainage pond on the site, but it was not constructed to the size shown on the plan.  Therefore, they are committing to correct that deficiency when a building permit is issued. 

     No one else spoke in support or in opposition. 

     Upon inquiry by Commissioner Dallari, Ms. Coto stated she has not heard from District Commissioner Henley with regard to any issues on this item. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance #2007-50, as shown on page _______, granting rezoning from A-1 (Agriculture) to R-1AA (Single Family Dwelling) on .388 acres, located on the southeast corner of Derbyshire Road and Thunder Road, as described in the proof of publication, Hugh Harling, and to accept the developer’s voluntary commitment to make the necessary corrections to the retention pond on the subject property. 

     Districts 1, 2, 3 and 5 voted AYE. 

REQUEST TO REZONE FROM A-1 TO C-3,

TERRA ENGINEERING/RASHAD H. JAMALABAD

 

      Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to C-3 (General Commercial & Wholesale) for approximately 11.26 acres, located south of W. Chapman Road and east of SR 417, 220 feet west of Tatra Street, Terra Engineering/Rashad H. Jamalabad, received and filed. 

     Assistant Planning Manager, Tina Williamson, addressed the Board to present the request, advising the applicant is requesting the rezone in order to operate a boat/truck/RV rental facility, a warehouse and a truck repair/storage facility.  She further advised the P&Z Commission voted 4-0 to recommend denial of the request.  She stated staff recommends approval of the rezoning as the future land use designation of the property is Industrial which allows the requested zoning district. 

     Rashad Jamalabad, applicant, addressed the Board to advise there have been some concerns from the neighbors about the drainage and he wants to assure everyone that they will design the site so that the drainage will be taken care of. 

     Mark Bay, 2210 Eagle Pass Road, addressed the Board to advise he finished building his home a couple years ago and he is opposed to the requested rezoning.  He stated he objects to the fact that the Zoning Commission denied this request last month and now it is before the BCC for consideration again in the middle of the day.  He expressed his concern that the increase in truck traffic will tear up the roads; and the business will be run 24 hours a day, which is a security threat.  He said environmentally, this is a potential disaster with fuel, oil and chemical spills.  He added that the proposed rezoning is out of character for this area and he would request denial of same. 

     Upon inquiry by Chairman Carey, Ms. Williamson advised the future land use for the property is Industrial. 

     Catherine Rodenburg, 2200 W. Chapman Road, addressed the Board to speak in opposition, stating with 417 supposedly being 8-laned and now this rezoning request, she believes this is a lot to put on the area residents and this agricultural area.  She displayed photographs (not received & filed) of her home.  She said the road is flooded all the time and she mostly maintains it herself. 

     Chris Larkson, 2235 Eagle Pass Road, addressed the Board to voice his objections to the requested rezoning, expressing his concern with flooding on the properties surrounding the subject parcel.  He said there never was a problem with flooding until 426 was widened.  He also expressed his concern with the quality of water that will be coming off of the property, stating there will be oil and fuel and the residents all have wells.  He displayed a photograph (not received & filed) of his house and photographs of the subject property. 

     Ms. Williamson advised that the applicant will have to comply with all drainage requirements when he comes in with a site plan. 

     Developer Review Manager, Larry Ponder, addressed the Board to concur with Ms. Williamson that all County codes and regulations regarding drainage and water run-off will have to be complied with. 

     The Chairman noted a Written Comment Form (received & filed) was submitted by John Rodenburg in opposition to the rezoning. 

     Mr. Jamalabad stated that the concerns about the drainage and water quality will be addressed during the design stage.  He said the area will be in much better shape and more enhanced when the subject property is developed. 

     County Engineer, Jerry McCollum advised he will follow-up on the possibility of the widening of 417 with FDOT. 

     No one else spoke in support or in opposition. 

     Speaker Comment Forms were received and filed. 

     District Commissioner Dallari stated C-3 zoning does not put the controls on the property that he would like to see.  Therefore, he would rather consider a PCD zoning. 

     County Attorney, Robert McMillan, stated that the applicant would have to do some submittals in order to go with PCD; however, the Board can continue this item to allow him the opportunity to do so. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to continue until January 22, 2008, consideration of a request to rezone from A-1 (Agriculture) to C-3 (General Commercial & Wholesale) for approximately 11.26 acres, located south of W. Chapman Road and east of SR 417, 220 feet west of Tatra Street, as described in the proof of publication, Terra Engineering/Rashad H. Jamalabad. 

     Districts 1, 2, 3 and 5 voted AYE. 

REQUEST TO VACATE & ABANDON

SOUTH DRIVE R/W, SIMA J. SADRI

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the unimproved public right-of-way known as South Drive, as shown on Watts’ Farms Plat, in Section 10, Township 21S, Range 30E, Sima J. Sadri, received and filed. 

     Alan Willis, Development Review, addressed the Board to present the request, advising the subject right-of-way is not needed for public access and the proposed vacate will not hinder access to any adjacent properties.  Therefore, staff recommends approval of the request. 

     It was determined the applicant nor his representative were in attendance. 

     Dr. Harry Thomas, 1906 Center Drive, addressed the Board to advise he lives to the west of the property in question.  He asked if the property has been rezoned because he has heard that an “old folks” home was going to be built on it. 

     Mr. Willis advised the property is still zoned A-1 and this public hearing is only to consider the vacate. 

     Dr. Thomas stated he would be concerned if the property is rezoned to commercial. 

     Chairman Carey reiterated that there is only a request to vacate before the Board and not a rezoning request. 

     Attorney McMillan advised Dr. Thomas that if he lives within 300 feet of the property, he will be notified if rezoning is requested. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-234, as shown on page _______, vacating and abandoning a portion of the unimproved public right-of-way known as South Drive, as shown on Watts’ Farms Plat, in Section 10, Township 21S, Range 30E, as described in the proof of publication, Sima J. Sadri. 

     Districts 1, 2, 3 and 5 voted AYE. 

REQUEST TO VACATE & ABANDON,

RICHARD L. & SUSAN D. HANAS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the conservation easement situated on Lot 10, as shown on the plat of Mikler Road Estates, further described as located on the east side of Mikler Road, approximately ¾ mile south of Red Bug Lake Road, Richard L. & Susan D. Hanas, received and filed. 

     Planner Cynthia Sweet, Development Review, addressed the Board to present the request, advising the applicants are requesting the vacate in order to accommodate construction of a new single family residence and accessory structures; and it is necessary to prevent the proposed residence from encroaching into the dedicated conservation easement.  She further advised staff recommends approval of the request, subject to the dedication of a 25-foot wide average upland buffer along the southerly side of the wetlands line, prior to recording the vacate resolution. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-235, as shown on page _______, vacating and abandoning a portion of the conservation easement situated on Lot 10, as shown on the plat of Mikler Road Estates, further described as located on the east side of Mikler Road, approximately ¾ mile south of Red Bug Lake Road, as described in the proof of publication, Richard L. & Susan D. Hanas, subject to the dedication of a 25-foot wide average upland buffer along the southerly side of the wetlands line, prior to the recording of the vacate resolution. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     The Chairman recessed the meeting at 2:58 p.m., reconvening it at 3:05 p.m., this same date. 

LEGISLATIVE UPDATE

     Assistant County Attorney, Susan Dietrich, and Director of Fiscal Services, Lisa Spriggs, addressed the Board to give the Board an update on the legislative program and activities pertaining to same.  Attorney Dietrich stated one of the County’s top legislative priorities is the support of legislation implementing the Charter County Transit System Surtax for all counties rather than just those counties chartered before January 1, 1984.  She advised that at the recent Legislative Delegation meeting, LYNX, MetroPlan, and the League of Women Voters all voiced their support for this priority.  She asked if the Board wants the County’s Lobbyist, Bobby Brantley, to actively pursue this item. 

     The Board unanimously agreed that Mr. Brantley should take the lead on this priority. 

     Attorney Dietrich advised the final 2008 FAC program is not available at this time; but there is a draft copy should any Commissioners wish it.  She stated that in addition to the property tax issue, the FAC program includes the following:  opposing unfunded mandates; supporting efforts to strengthen the State Comp Plan; opposing legislation that would eliminate County role in siting mines; supporting enhancements for local financial capacity to address water resource and water supply development and maintain current limits on use of Florida Forever funding; opposing expansion of Medicaid reform pilot projects; supporting the transportation disadvantaged system; supporting creation of the Florida Public Safety Coordinating Commission; supporting suspension of Medicaid benefits for inmates incarcerated for less than one year; and supporting additional funding to DJJ. 

     Chairman Carey stated Mr. Brantley needs to strongly voice opposition with regard to the State tapping into the Florida Forever funding. 

     Ms. Spriggs briefly discussed the property tax reform legislation. 

     Ms. Coto distributed the proposed flyer (received & filed) for the educational information on the January 29th property tax reform amendment.  She stated the County, along with the Cities and the School Board, will be distributing the same information and are proposing to bear their own costs for mailing.  She said they will also be running this information on SGTV. 

     Chairman Carey stated the most effective time to do this mailing would be right before the election. 

     A brief discussion ensued with regard to the Fire Fighters Union doing their educational mail-out and coordinating the two mail-outs. 

     Commissioner McLean commended the staff and committee for their work on this educational program. 

COUNTY MANAGER’S REPORT

     Upon inquiry by Commissioner McLean, Ms. Spriggs gave a brief update on the SBA Fund, advising the County still has approximately $96 to $98 million in the fund. 

     Chairman Carey stated that the Clerk has been in close contact with her and has, in fact, made additional withdrawals and about $70 million is remaining in the fund.  Also, management of the fund has been turned over to BlackRock Management.  She suggested that the Board needs to review the current Investment Policy because it probably needs updating. 

     Ms. Coto advised that the Clerk has indicated that she will be bringing something forward for the Board’s consideration. 

     The Chairman stated that she would want the BCC’s financial people to look at the policy.  She commended the Clerk for acting so quickly and keeping the Board involved and updated on this. 

     Commissioner McLean proposed an investment committee be established in order to support the Clerk on this. 

     Commissioner Van Der Weide stated he believes that over the years, the State has taken more and more risk with the counties’ money. 

     Chairman Carey request Ms. Coto bring the investment policy back to the Board next year. 

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     Director of Environmental Services, Dr. John Cirello, addressed the Board to give an update on the Yankee Lake project, advising they have made submission to the St. Johns River Water Management District (SJRWMD) for a surface water consumptive permit and that permit has been received, which is for Phase I of the project.  Phase I is a 5.5 million gallons per day withdrawal from the St. Johns River.  He further advised that they are submitting the second RFI this week to them; and at the same time, the District is preparing the TSR, technical report, on the permit.  He said they were at the SJRWMD Board work session yesterday where they were being introduced to the concept of alternative water supply.  He stated that it was clear to them that they need to begin a public information-type effort with the SJRWMD board members with regard to what the County is trying to accomplish.  The issues revolve around the concept of taking water from the river at a rate and a quantity that would have little or no affect to downstream users.  He stated that Jacksonville and some environmental groups have expressed concern about this.  He further stated they learned yesterday that the District is going to do an additional study on the St. Johns to reconfirm their minimum flow and level report, which currently says that one can take up to 150 million gallons a day from the river with little or no affect.  At the same time, he said they are submitting their first RFI to the EPA for the intake structure and hope to get an early release letter from them for the plant site down to the wetlands.  They will receive the final ERP from DEP within the next 60 to 90 days. 

     Upon inquiry by Commissioner Dallari, Dr. Cirello stated that SJRWMD has been urging the County over the past to look for alternative water source other than ground water. 

     Upon further inquiry by Commissioner Dallari, Dr. Cirello stated they have put together a plan which does call for additional assistance with regard to lobbying and are in the process of investigating and evaluating individuals and companies who could do that for the County.  He added that they believe they can get someone on board within the next couple of weeks. 

CHAIRMAN’S REPORT

     Chairman Carey stated, as Chairman, she and County staff have been reviewing the boards and committees.  There are over 40 boards and committees that the five commissioners serve on; and they are trying to determine how some of these have been established and how they have evolved over the years.  Because of budget constraints, she is suggesting CALNO, Mayors & Managers Committee, and the Joint City/County Advisory Committee, be combined into one committee.  She said there appears to be a duplication of efforts with regard to these three boards.  The proposed committee would, basically, restructure CALNO and consist of two members from each city and two members from the County. They would meet on a quarterly basis with members from the Chamber of Commerce, the School Board, PBAS, and SCC to make sure that all the issues are on the table.  Discussion ensued. 

     Commissioner Dallari stated streamlining government is good; however, he would like to start off by notifying all the affected parties about what they are trying to accomplish and get their input on same. 

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     Chairman Carey advised CALNO has recommended appointment of Commissioner Colleen Hufford, from the City of Casselberry, to the Tourist Development Council, replacing Commissioner Wolfram. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to appoint Commissioner Colleen Hufford to the TDC, replacing Commissioner Wolfram. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Chairman Carey congratulated the UCF Golden Knights on their Conference USA Championship.  She also congratulated University of Florida quarterback, Tim Tebow, for being named the 2007 Heisman Trophy winner.

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     Chairman Carey presented to Commissioner Van Der Weide a check in the amount of $5,000 in the memory of Max Gunter for the Heroes Memorial. 

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     Chairman Carey advised she has donated food in the name of the BCC; and wished everyone a Merry Christmas and Happy Hanukkah. 


DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Van Der Weide thanked the Chairman for the Heroes Memorial check and stated that they are receiving more donations. 

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     Commissioner Van Der Weide advised he attended the Annual Sabal Point Homeowner’s Association meeting and they are still concerned about the golf course.  He said that he spoke at the Sabal on the Green Assisted Living Center and they are negotiating with the golf course to purchase some land in order to expand their facility. 

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     Commissioner Van Der Weide advised he spoke at the Florida Hospital Altamonte Tower Opening recently and was very impressed with the state of the art expansion. 

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     Commissioner Van Der Weide stated he attended the Arts Alive Reception which raised money for the school system; and he saw a lot of talent. 

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     Commissioner Van Der Weide said he also attended the dedication of the Veterans Memorial at Baldwin Park; and the Chamber breakfast with Dean Cannon and Chris Dorworth. 

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     Commissioner Van Der Weide asked if there is any way to have the people who placed first on the pedestrian overpass item (which the Board denied previously) go back to the drawing board to make a design that makes more sense. 

     County Attorney, Robert McMillan, advised he does not believe that is allowed under the purchasing code. 

     County Engineer, Jerry McCollum, stated staff is currently working with the consultant and they will be bringing this back to the Board the first of February. 

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     Commissioner Van Der Weide asked that the Chairman consider addressing the issue of Tourist Development Council appointments as it relates to District 3 and the rotation of hoteliers.  He said District 3 never gets out of the rotation of appointing a hotelier.  He added that he believes it is time to make an adjustment. 

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     Commissioner Dallari requested that the approval by the Board of Adjustment of the telecommunications tower on December 3 be brought up to the BCC for a hearing.  He said he wants to make sure all the issues have been addressed. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to schedule a public hearing before the BCC to consider the telecommunications tower request that was approved by the Board of Adjustment on December 3, 2007. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Commissioner Dallari wished staff and citizens a good holiday. 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari to reappoint Melanie Chase to the Planning & Zoning Commission for a 4-year term ending January 1, 2012. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari to appoint Jan Jernigan to the Historical Commission for a 2-year term ending January 1, 2010. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari to appoint Jennifer Finch to the Library Advisory Board for a 2-year term; and reappoint Bill Parrish as the Well Contractor to the Contractor Examiner Board. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-241, as shown on page _______, commending Alex Dickison for his service on the Historical Commission; and adopt appropriate Resolution #2007-R-242, as shown on page _______, commending Lennard Greenbaum for his service on the Library Advisory Board. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Commissioner McLean advised he made a presentation at the Orlando Regional Realtors Association and talked about Property Tax Reform, SeminoleWay, and Hometown Democracy. 

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     Commissioner McLean advised he was appointed by Governor Crist to the Elicit Drug Lab Task Force; and they will be discussing the problem of methadone labs and the residue they produce. 

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     Commissioner McLean also wished everyone the best for the holidays. 

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     Chairman Carey wished Commissioner Henley a speedy recovery from his recent illness. 

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter dated October 1, 2007 to Chairman Carlton Henley from John T. Kohler, District Manager, Florida Department of Agriculture and Consumer Services, re: Annual Report for the Division of Forestry’s accomplishments in the Fire Control Program.

 

2.    Letter dated October 22, 2007 to Chairman Carlton Henley from Wayne Casper, National Purchasing Institute, re: Achievement of Excellence in Procurement Award.

 

3.    Letter dated November 8, 2007 to Chairman Carlton Henley from Bob Cortes, Cortes Towing Service, re: Towing Ordinance.

 

4.    Letter dated November 8, 2007 to Chairman Carlton Henley from Sarah M. Mirus, CMC, City Clerk, City of Longwood, re: Petition for “Pet Rescue by Judy”.

 

5.    Letter dated November 8, 2007 to Chairman Carlton Henley from Clayton H. Wilder, Administrator, Florida Department of Law Enforcement, re: Contract No. 2007-JAGC-SEMI-1-P3-101.

 

6.    Letter dated November 9, 2007 to Chairman Carlton Henley from Mike McDaniel, Chief, Office of Comprehensive Planning, Department of Community Affairs, re: review of the proposed Comprehensive Plan Amendment for Seminole County (DCA 07PEFE-1).

 

7.    Letter dated November 12, 2007 to Commissioner Brenda Carey from Susan Hudson, Finance Director, Special Olympics of Florida, re: thank you for grant.

 

8.    Letter dated November 12, 2007 to Commissioner Brenda Carey from Gail Nagan re: Feral Cats and Trap, Neuter, Return (TNR).

 

9.    Memorandum dated November 14, 2007 received via fax to Cindy Coto, County Manager, Lisa Spriggs, Fiscal Services Director, and Susan Dietrich, Assistant County Attorney from Alcalde and Fay, re: State Road 46.

 

10.    Letter dated November 14, 2007 to Chairman Brenda Carey from Diane Pickett Culpepper, Brighthouse Networks, re: new channel location for the local government channel.

 

11.    Letter dated November 14, 2007 to Seminole County Commissioners from Joyce Kent, Administrative Professional, City of Sanford, re: notice of annexation of .53 acres between Narcissus Avenue and West First Street and between Riverview Avenue and Terwilliger Lane.

 

12.    Memo dated November 16, 2007 to MetroPlan Orlando Board Members from Harold W. Barley, Executive Director, MetroPlan Orlando, re: Florida Transportation Revenue Study Commission.

 

13.    Letter dated November 27, 2007 to Cynthia Coto, County Manager, from Gerald Paradise, Community Development Director, City of Casselberry, re: Annexation Notification – 380 Oleander Way and 325 Anchor Road – Parcel ID number 08-21-30-511-0D00-0010.

 

14.    Letter dated November 27, 2007 to Seminole County Government as “property owner” from Genoveva Fruet, AICP, Senior Planner, City of Oviedo, re: Survey of Oviedo’s Historic Buildings.

 

15.    Letter  dated November 27, 2007, received via e-mail, to the Board of County Commissioners from Deborah Shafer, Seminole County Sprawl Chair, Sierra Club, Central Florida, re: nomination to receive award for continued protection of the rural boundary and rural areas of Seminole County.

 

16.    Letter dated November 27, 2007 to County Manager, Cindy Coto, from Hulon J. Black re: 46-A Phase III and Loch Arbor neighborhood.

 

17.    Letter dated November 28, 2007 to Board of County Commissioners from Darvin Boothe, Director, Governmental and Employee Relations, Seminole County Public Schools, re: legislative platform.

 

18.    Letter dated November 29, 2007 to Chairman Brenda Carey from Diane Pickett Culpepper, Brighthouse Networks, re: additional services and changes.

 

19.    Letter dated November 30, 2007 to Chief Administrative Officer of Seminole County from Sarah M. Mirus, CMC, City Clerk, City of Longwood, re: Annexation Ordinance.

 

20.    Letter dated November 30, 2007 to Chairman Brenda Carey from Harold W. Barley, Executive Director, MetroPlan Orlando, re: Citizen Advisory Committee attendance.

 

21.    Letter dated December 3, 2007 to Chairman Brenda Carey from Joel R. Fillyaw re: planes flying very low into Orlando Sanford International Airport.

 

22.    Letter dated December 3, 2007 to Chairman Brenda Carey from Diane Pickett Culpepper, Brighthouse Networks, re: additional services and changes.

 

23.    Letter dated December 3, 2007 to Chairman Brenda Carey from D. Ray Eubanks, Administrator, Plan Review and Processing, Department of Community Affairs, re: Comprehensive Plan Amendment No. 07-RWSP1 (previously 06-RWSP1), adopted as Ordinance No. 2007-45.

 

COUNTY MANAGER’S REPORT, CONTINUED

     Motion by Commissioner McLean, seconded by Commissioner Dallari to authorize the Chairman to send a letter to Harold Barley, MetroPlan Orlando, announcing the appointment of Alison Stettner, Planning Manager, as the County’s representative on the Transportation Technical Committee. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     County Engineer, Jerry McCollum, distributed the Florida Department of Transportation Tentative Five Year Work Program for Fiscal Years 2008/09 through 2012/13 (copy received & filed) and gave a brief overview of same. 

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     There being no further business to come before the Board, the Chairman adjourned the meeting at 4:09 p.m., this same date. 

 

 

 

ATTEST:_____________________Clerk_____________________Chairman

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