BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

FEBRUARY 12, 2008

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, February 12, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Michael McLean (District 2)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Court Maryanne Morse

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     The Invocation was given by Pastor Joe Wendorph, Markham Woods Presbyterian Church, Lake Mary.

     Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Commissioner Henley briefly reviewed Mr. E.E. Minott’s accomplishments throughout his life.

     Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-53, as shown on page ________, proclaiming the month of February as “Black History Month”. 

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

     The Board presented the resolution to Mr. Minott, who addressed the Board to express his appreciation.

-------


Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-54, as shown on page _________, supporting the creation of a St. Johns River license tag and urging the Florida Legislature to approve the proposal.

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

COUNTY MANAGER’S CONSENT AGENDA

     Cindy Coto, County Manager, addressed the Board to advise staff is requesting that Item #12, request approval of Special Priority Use Agreement with Seminole Softball, be pulled as there are additional items that need to be addressed. 

     Commissioner Dallari requested that Item #14, approval of final plat for Creek Side Acres, and Item #17, approve Certificate of Public Convenience and Necessity for Air Methods, be pulled for a separate vote.

     Chairman Carey requested that Item #5, Award RFP-2251A-07, be pulled for a separate vote.

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

County Manager’s Office

 3.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-55, as shown on page ________, establishing revisions to Sections 1.5 and 26 of the Seminole County Administrative Code to reflect the recent change in name from Business Innovation and Technology Services to Information Technology Services.

 

Administrative Services

Purchasing and Contracts

 4.  Approve Amendment #1, as shown on page ________, to PS-5186-05/AJR with GMB Engineers & Planners, Inc., Orlando, FL to increase rates as identified in the revised Exhibit C included within the Amendment, and approve an extension of the existing term by two (2) years. In addition, approve the estimated usage as an annual expenditure in the amount of $100,000.00 per year.

Support Services

 6.  Approve and authorize the Chairman to execute the First Renewal, as shown on page ________, for the East Altamonte Community Center Non-Residential Lease with the Boys and Girls Clubs of Central Florida, Inc.

 

Community Service

Community Assistance

 7.  Approve and authorize the Chairman to execute the Satisfactions of Second Mortgage, as shown on page ________, for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program for the following:  Rosa M. Alvarez-Laboy; Jason T. & Karin E. Barngrover; Cesarina Caraballo; Mayola Clark; Leonor Dillenberger; Alberta Gordon; Alberta Gordon; Ornesby & Annie Jackson; Marie Knight; Melissa A. Lawrence; Betty Lemmo’n; Minnie Lewis; Claudia E. Lightfoot; Ocie Mathis; and Leo Peterson.

 

Economic Development

Tourism

 8.  Approve and authorize Chairman to execute an Agreement, as shown on page ________, between the entities of Seminole County, Sanford Chamber of Commerce, Metro Orlando Economic Development Commission, Sanford Airport Authority, and Orlando Sanford International, Inc. to cooperatively fund two information booths and an automated information kiosk at Orlando Sanford International Airport.

 

Fiscal Services

Budget

 9.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-56, as shown on page ________, implementing Budget Amendment Request (BAR) #08-40 through the Court Support Technology Fee Fund in the amount of $1,258,945.00 reallocating the current year budget of the Court Support Technology Fee funded entities in accordance with the approved allocation formula.

10.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-57, as shown on page ________, implementing Budget Amendment Request (BAR) #08-43 through the Library Donation Fund in the amount of $31,500.00 to recognize a donation from The Friends of the Library and appropriate budget for the expenditures.

MSBU

11.  Authorize scheduling and advertising a final public hearing for the Charter Oaks/Tamarak Municipal Services Benefit Unit.

 

Leisure Services

Parks and Recreation

12.  Pulled from the agenda request to approve and authorize the Chairman to execute a Special Priority Use Agreement with Seminole Softball Club, Inc. and to further approve the Mutual Termination of the existing Special Priority Use Agreement.

Streetscapes and Trails

13.  Approve and authorize the Chairman to execute a Permissive Use Agreement, as shown on page ________, with the St. Johns River Water Management District to access and install three monitoring wells at Sylvan Lake Park and one at Lake Mills Park.

 

Planning and Development

Planning

15.  Approve the Satisfaction of Lien in the amount of $17,000.00, Case No. 02-87-CEB, on 312 Miller Road, Sanford, FL Tax Parcel #23-20-30-5AQ-0000-002D, previously owned by John T. Robinson and John T. Robinson, Jr. and currently owned by Daniel L. Dyke, and authorize the Chairman to execute a Satisfaction of Lien, as shown on page ________.

16.  Approve the Second Amendment, as shown on page ________, to the Seminole County/City of Oviedo Joint Planning Agreement and authorize the Chairman to execute the amendment.

 

Public Works

Engineering

18.  Approve and authorize the Chairman to execute Amendment No. 2, as shown on page ________, a time extension to December 14, 2009, to Agreement S0163 between the Florida Department of Environmental Protection and Seminole County for the Club II Borrow Pit Stormwater Retrofit Project.

19.  Adopt appropriate Resolution #2008-R-58, as shown on page _________, accepting Quitclaim Deed, as shown on page ________, from the State of Florida Department of Transportation transferring access easements used to construct State Road 417.

20.  Adopt appropriate Resolution #2008-R-59, as shown on page ________, accepting Quitclaim Deed, as shown on page ________, from the State of Florida Department of Transportation transferring rights-of-way acquired for the construction of State Road 417.

21.  Adopt appropriate Resolution #2008-R-60, as shown on page ________, and authorize the Chairman to execute a County Deed, as shown on page ________, conveying property (FDOT Parcel No. 100.1R) necessary to construct or improve State Road 434 to the Florida Department of Transportation (FDOT).

 

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

 

-------

     Chairman Carey stated the reason why she wanted Item #5, Award RFP-2251A-07/VFT - Ship Program Acquisition, Rehabilitation and Resale of Single Family Homes to The Center for Affordable Housing, Sanford, Fl, and Corinthian Builders, Inc., Sanford, Fl, the estimated grant funded amount of $1,391,720, pulled for a separate vote is she would like to know how the process is done.  She stated when the last LHAP agreement was approved, the Board decided to use the Orlando MSA.  They are looking at last year’s number, which is $293,921, and due to the declining real estate market that is not the average number.  She said she would like to get the Board’s input with regard to looking at that number every quarter.  By looking at the MSA number quarterly, they can basically do nine houses and get one house free. 

     Commissioner Henley stated he strongly supports that but also he feels they need to go back and review the whole concept.  He said he has noticed in the backup information that the “amount not exceeding $100,000” is for each approved unit but it winds up being $180,000.

     Ms. Coto stated even though the County utilizes the MSA, they do have a maximum dollar amount associated with what they can contribute. 

     David Medley, Community Services Director, addressed the Board to state $180,000 is a maximum value of the home that an individual would be eligible for.  He stated $100,000 is the maximum amount the County would contribute towards the $180,000.  Staff can review the MSA as often they want to and it does change monthly or quarterly.  Staff would have to obtain a resolution from the Board each quarter to submit to the State for their approval.  He stated in order to change the maximum amount, the cost of the average home within this area would have to decrease below $200,000. 

     Upon inquiry by Commissioner Henley, Mr. Medley advised the developer will be responsible for all the fees associated with closings.  He stated all of the closing costs will come off the developer’s fees.

     Chairman Carey stated the developer’s fee may fluctuate depending on what the deal is.  She stated what she would like to do is keep up with the LHAP more than just once a year. 

     Commissioner Henley stated this is based on income and if an individual has enough money to put towards a house, he could qualify for a loan of $295,000 if they are willing to pay out of their savings account. 

     Chairman Carey stated the Board consensus is to keep the cap of what the market is by bringing those numbers forward every quarter.

- - -

     Request to approve the final plat for Creek Side Acres located on Snowhill Road in Section 03, Township 21S, Range 32E, presented.

     At the request of Commissioner Dallari, Imogene Yarborough, 186 First St., addressed the Board to thank the Board for their cooperation and state she appreciates what they have done for her family and community.

     Chairman Carey thanked Ms. Yarborough for her family working with the County in preserving land.

     Commissioner Dallari stated Item 3b of the development order refers to density of 300 units and he would like to insert the word “maximum density up to 300 units”, so they can be clear on that.

     Dori DeBord, Planning & Development Director, addressed the Board to state that can be added to the development order.

     Commissioner Henley stated there was quite a debate about increased density in order to cluster.  He stated when this was approved, he never dreamed that it would be set up as a subdivision in a rural protected area.  He says he still has problems and reservations regarding this because they are giving them a 1:1 ratio rather than a 1:5 or 1:10 ratio. 

     Chairman Carey stated this issue will come forward for development approval some time in the future.  She said the Board is only authorizing the Chairman to execute the final plat.

- - -

     Request to approve Certificate of Public Convenience and Necessity (COPCN) for Air Methods d/b/a Rocky Mountain Holdings LLC d/b/a LifeNet, to become effective from the date this COPCN is executed through June 30, 2008 was presented for discussion. 

     Commissioner Dallari stated there is no language in the COPCN that the carriers would have to meet all Seminole County EMS protocol and he wants to make sure that it clearly states that.

     Tad Stone, Public Safety Director, addressed the Board to state the flight transport is governed by a separate medical director that operates under their own protocol.  He stated staff can ask Air Methods to cooperatively work together but they have a separate medical director. 

     Commissioner Dallari stated he wants to make sure the expanded protocol is followed if they are transporting a resident in Seminole County.

     Mr. Stone stated he would have to meet with their Medical Director to see if they will change their protocol to meet the County’s standards.  There are standards that need to be met per Florida Statutes. 

     Commissioner Dallari stated for him to support this, he would need to know if that protocol is followed throughout the County.

     Chairman Carey stated there are several COPCN’s out there and some of them vary somewhat from the County’s protocol.  If they are not following a certain level of standard, then the County would not use them as their transports.

     Commissioner Dallari stated he wants to make sure that when they transport patients, that protocol is covered. 

     Mr. Stone stated staff would have to renegotiate all of the COPCN’s. 

     Robert McMillan, County Attorney, addressed the Board to state every one of the providers are required by State statute to have a medical director and each of them are required to have protocols that meet the State standards for protocol.  All of the paramedics that work for each agency work under that medical doctor’s license and establish protocols to their satisfaction since they are responsible for medical treatment.

     Commissioner Dallari stated if they are asking the County’s EMS to have an upgraded protocol, then why not ask everyone to follow the same protocol.

     Commissioner Henley stated he feels the question they need to know is what are the protocols and are they acceptable.  He stated if they are utilizing permits and licenses, then there is nothing wrong with knowing what the protocols are. 

     Mr. McMillan stated all of the protocols have to meet statutory standards and State standards.

     Commissioner Van Der Weide stated he doesn’t see any harm in trying to communicate with all the agencies that deal with Seminole County.  He stated he feels the Board is on the right track if they are doing something up and above and it benefits the citizens, then why not discuss this issue with the agencies. 

     Chairman Carey stated the certificates have to come back to the Board for renewal every year.  The consensus of the Board was to try to negotiate with all the agencies to see what the protocol is and bring them more in line with what the County’s protocol is.

     Mr. Stone stated most of those will come up for renewal in June.

- - -

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to award RFP-2251A-07/VFT, as shown on page ________, SHIP Program Acquisition, Rehabilitation and Resale of Single Family Homes to The Center for Affordable Housing, Sanford, FL and Corinthian Builders, Inc., Sanford, FL for the estimated grant funded amount of $1,391,720.00; and approve and authorize the Chairman to execute the final plat for Creek Side Acres located on Snowhill Road in Section 03, Township 21S, Range 32E, Lou Tulp for Yarborough Ranch Properties; and approval of the Development Order and Open Space Easement, as shown on page ________.

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

- - -

     Chairman Carey advised that the Certificates will come back in June for renewal and staff can look at the County’s standards compared to their standards.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize Chairman to execute the Certificate of Public Convenience and Necessity (COPCN), as shown on page ________, for Air Methods d/b/a Rocky Mountain Holdings LLC d/b/a LifeNet, to become effective from the date this COPCN is executed through June 30, 2008, with the understanding that the protocols dealing with the citizens would be looked at and staff will come back with something that makes sense. 

     Districts 2, 3, 4 and 5 voted AYE.

     Commissioner Dallari voted NAY.

COUNTY ATTORNEY’S CONSENT AGENDA

 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize staff to make a counteroffer for a business damage claim filed by Sobik’s of Airport Blvd., Inc. (Parcel Numbers 102/702 on the County Road 15 project) based on the report of the County’s business damage expert opining the amount of business damages to be $34,400.00. 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

Clerk’s Office

 

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to approve Expenditure Approval Lists, as shown on page ________, dated January 7, 14 & 22, 2008; and Payroll Approval List, as shown on page ________, dated January 10, 2008; Approval of BCC Official Minutes dated January 8, 2008; and noting, for information only, the following Clerk’s received and filed:

 1.  Amendment #1, as shown on page _________, to W.O. #22 to PS-5190-05. 

 

 2.  W.O. #64, as shown on page _________, to PS-5150-03. 

 

 3.  Amendment #1, as shown on page ________, to W.O. #5 to PS-5182-05. 

 

 4.  Amendment #1, as shown on page ________, to W.O. #11 to PS-5182-05. 

 

 5.  W.O. #22, as shown on page _________, to PS-1529-06. 

 

 6.  W.O. #55, as shown on page _________, to PS-5120-02. 

 

 7.  W.O. #84, as shown on page _________, to PS-5165-04. 

 

 8.  W.O. #19, as shown on page _________, to RFP-0225-05. 

 

 9.  W.O. #8, as shown on page _________, to CC-0012-05. 

 

10.  W.O. #10, as shown on page _________, to RFP-0778-06. 

 

11.  Amendment #2, as shown on page ________, to M-1947-07. 

 

12.  W.O. #85, as shown on page _________, to PS-5165-04. 

 

13.  M-2924-07 Contract, as shown on page _________, with Reynolds, Smith & Hills, Inc. 

 

14.  W.O. #20, as shown on page _________, to CC-1075-06. 

 

15.  W.O. #51, as shown on page _________, to CC-1267-05. 

 

16.  C.O. #2 & #3, as shown on page _______, to CC-1416-06. 

 

17.  RFP-600254-07, as shown on page _________, Counseling Agreement with Robert Tango. 

 

18.  RFP-4253-05, as shown on page _________, Agreement with Hinton Enterprises, Inc. 

 

19.  IFB-600276-07, as shown on page _________, Contract with Ryder Truck Rental, Inc. 

 

20.  C.O. #7, as shown on page _________, to CC-0256-06. 

 

21.  W.O. #10, as shown on page _________, to CC-1075-06, Final Close-Out. 

 

22.  W.O. #86, as shown on page _________, to PS-5165-04. 

 

23.  W.O. #1, as shown on page _________, to PS-1903-07. 

 

24.  W.O. #87, as shown on page ________, to PS-5165-04. 

 

25.  W.O. #66, as shown on page ________, to PS-5150-03. 

 

26.  CC-2641-07, as shown on page ________, Construction Services Agreement with Chinchor Electric, Inc. 

 

27.  W.O. #88, as shown on page ________, to PS-5165-04. 

 

28.  Amendment #1, as shown on page ________, to W.O. #3 to RFP-4215-04. 

 

29.  W.O. #83, as shown on page _________, to PS-5165-04. 

 

30.  W.O. #52, as shown on page _________, to CC-1267-05. 

 

31.  Amendment #8, as shown on page _________, to W.O. #3 to PS-537-99. 

 

32.  W.O. #1, as shown on page _________, to PS-2014-07. 

 

33.  Amendment #1, as shown on page _________, to W.O. #3 to PS-0977-06.

 

34.  W.O. #11, as shown on page _________, to RFP-0778-06. 

 

35.  W.O. #2, as shown on page _________, to PS-5172-04. 

 

36.  W.O. #9, as shown on page _________, to CC-0012-05. 

 

37.  Seventh Amendment, as shown on page __________, to RFP-4188-03. 

 

38.  Close-out for CC-1422-06, as shown on page ________. 

 

39.  W.O. #23, as shown on page ________, to PS-1529-06. 

 

40.  W.O. #12, as shown on page ________, to RFP-0013-06. 

 

41.  W.O. #13, as shown on page ________, to PS-1501-06. 

 

42.  Amendment #1, as shown on page ________, to W.O. #5 to PS-5190-05. 

 

43.  Amendment #1, as shown on page ________, to W.O. #6 to PS-567-00. 

 

44.  Water & Sewer Cash Maintenance Bond, as shown on page _________, for San Pedro Spiritual Center in the amount of $3,330.00. 

 

45.  Water & Sewer Cash Maintenance Bond, as shown on page _________, for Geneva School @ Grand Ave., in the amount of $1,450.00. 

 

46.  HUD Community Development Block Grant Subrecipient Agreement, as shown on page _________, for 07-08 with the City of Casselberry, as approved by the BCC on July 24, 2007. 

 

47.  Auditor General Operational Audit for Seminole Community College. 

 

48.  First Amendments, as shown on page ________, to Tennis Pro Agreements with the following:  Timothy Lynch, Sarah Harkins, Ryan Maddox Chabot, John Gegenheimer, Brittany Ann Collins, Matthew Steverson, Robyn Suto, Michael Koslik, David Rosenfeld, Daniel Keating, Peter Thomas Mainelli, Brian Morrissey, Chelsea M. Maratta, and Alice Reen. 

 

49.  Notices of Satisfactions of Connection Fees, as shown on page __________, for the following:  Family Dollar/Just Brakes; Casa Verde Walgreen’s; Fifth Third Bank; Magnolia Corporate Center; and Aloma Park Center/Lot 89. 

 

50.  Development Orders, as shown on page _________, for Obeda Property PUD/#07-22000005 and Monaco Guest House/#07-50000020. 

 

51.  Conditional Utility Agreement, as shown on page ________, for Sewer Service with K & S Investments, LLC, for Geneva Preschool @ Grand Ave. 

 

52.  Bill of Sale, as shown on page ________, accepting water and sewer systems in The Park at Hanover Place. 

 

53.  Addendum #1, as shown on page ________, for Greenway Point PUD DCA. 

 

54.  Notices of Satisfaction of Connection Fees, as shown on page ________, for the following:  Aldi Food Store; Pools by Bradley; Maple Leaf Commerce Center; Provenance Townhomes; Palm Valley Professional Center; and Oakmonte Senior Village aka Shiralago. 

 

55.  Conditional Utility Agreements, as shown on page _________, for water & sewer service with Heathrow Country Club, LLC, for Heathrow Exercise & Tennis Facility. 

 

56.  Bill of Sale, as shown on page ________, accepting water & sewer systems for CA Stone Development. 

 

57.  Conditional Utility Agreement, as shown on page ________, for water service with Joseph & Carol Cannizzaro for Cannizzaro Medical Building. 

 

58.  Acceptance Letter, as shown on page ________, for water system at Willow Creek Presbyterian Church. 

 

59.  Private Road Maintenance Bond, as shown on page _________, for Banyan Pointe Subdivision in the amount of $79,096.33. 

 

60.  Water & Sewer Cash Maintenance Bond, as shown on page _________, for WB Equestrian Center in the amount of $252.62. 

 

61.  W.O. #3, as shown on page ________, to CC-2190-07. 

 

62.  1st Amendment, as shown on page _________, to IFB-600250-07. 

 

63.  Agreement, as shown on page _________, for Annual Maintenance of the Mutual Aid Radio Cache under 06-07 State Homeland Security Grant as approved by the BCC on August 28, 2007. 

 

64.  Airspace Agreement and Addendum, as shown on page _________, for the Construction and Maintenance of the Pedestrian Bridge across Hwy. 17-92 Connecting to the Cross Seminole Trail, as approved by the BCC on August 14, 2007. 

 

65.  Title Opinion, as shown on page _________, for Clayton Crossing Townhomes First Amendment. 

 

66.  Copy of Memorandum to Assistant County Attorney, Ann Colby, from Assistant County Attorney, David Shields, RE:  Second Amendment to Litigation Consultant Services Agreement. 

 

67.  Letter to Clerk of Court, Maryanne Morse, from County Manager, Cindy Coto, RE:  appointments to the Value Adjustment Board. 

 

68.  Bill of Sale, as shown on page ________, for off-site water within the WB Equestrian Center project. 

 

69.  Customer Agreement, as shown on page _________, for Reclaimed Water Rates with Nations Investment Group, Inc. 

 

70.  Acceptance letters and Bills of Sale, as shown on page _________, for water and sewer systems for the Geneva School at Grand Ave. and San Pedro Spiritual Center. 

 

71.  Conditional Utility Agreements, as shown on page _________, for water and sewer service for D & E Snowball, LLC for the Snowball Dental Lab. 

 

72.  Addendum #1, as shown on page _________, to the Developer’s Commitment Agreement for the Silverleaf Park PUD Minor Amendment. 

 

73.  Addendum #1, as shown on page _________, to the Developer’s Commitment Agreement for the SR 46/Lake Forest Boulevard Townhouses. 

 

74.  Copy of Memorandum from Bruce McMenemy, Assistant to the Clerk of the Court, to Cindy Coto, County Manager RE:  Cash Management Forecasting Methodology. 

 

75.  Copy of Memorandum from Clerk of Court, Maryanne Morse, to County Manager, Cindy Coto, RE:  FSAM (financial services) Contract and scope of services. 

 

76.  Audit of the Assessment of Transportation Impact Fees prepared by the Clerk of Court, Maryanne Morse. 

 

77.  Bids as follows:  CC-2822-07; IFB-600280-08; and IFB-600281-08. 

 

78.  Bids on CD’s for the following:  CC-2324; CC-2396-07; and CC-2521-07. 

 

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

 

REGULAR AGENDA

 

     Jennifer Bero, Fiscal Services, addressed the Board to request Board direction with regard to the County partnering with the Salvation Army-Family Focus Program to submit an application to the Office on Violence Against Women requesting up to $400,000 through their Safe Haven; Supervised Visitation and Safe Exchange Grant Program.  She reviewed the request as outlined in the agenda memorandum.

     Commissioner Henley stated this program was set up several years ago by the BCC because of problems that were occurring with families when they split up. 

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize the County, partnering with the Salvation Army-Family Focus Program, to submit an application to the Office on Violence Against Women requesting up to $400,000 through their Safe Haven; Supervised Visitation and Safe Exchange Grant Program; and authorize the Chairman to execute supporting documents, as shown on page ________. 

     Under discussion, Commissioner Van Der Weide stated this is a well worth-while program and he and his family have witnessed what the Salvation Army has done. 

     Chairman Carey stated this is the second or third application asking the County to be a grant recipient for a private enterprise.  The County Manager is working with Dr. Medley in setting up some type of protocol for them.

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

COUNTY MANAGER’S BRIEFING

     Ms. Coto stated the Board will be seeing a couple of dates on their calendar relating to a work session on the EAR-based amendment to the Comp Plan.  She stated because the EAR-based amendments are so significant, staff felt that giving it to the Board in small bites, before they have to transmit would be more desirable.  The work session relating to the EAR amendment will be scheduled after a BCC meeting and staff is looking at scheduling them in April or May.  She said the Land Development Code will be done in a similar way. 

-------

     Ms. Coto stated at the January 8 meeting, the Board authorized staff to contact Mr. Clark who owns property adjacent to SR 417 and surrounded by property the County owns where Jetta Point Park will be located.  At that meeting, the Board authorized staff to offer $302,500.  The first appraisal came in at $415,000 and Mr. Clark’s counteroffer was $460,000.  The second appraisal came in at $275,000 and Mr. Clark requested $360,000.  Based upon Board’s direction, staff made an offer of $302,500 and Mr. Clark came back with an offer of $325,000.  Staff is seeking direction as to whether or not to accept Mr. Clark’s counter offer, or take some other subsequent action, or just let it rest at this time.

     Commissioner Dallari stated he would like to schedule this on a regular agenda so he can see all the information for discussion.

     Chairman Carey stated she feels the Board can discuss this issue at this time, whereupon Commissioner Dallari stated he would like to see the appraisal.

     Ms. Coto informed the Board that Mr. Clark made a counteroffer on January 28 and it is good for 30 days.

     Meloney Lung, Administrative Services, addressed the Board to state she believes the property is a little over one acre.

     Upon inquiry by Commissioner Van Der Weide, Ms. Coto stated $10 million was set aside for acquisition of land for the 5 Pts. Complex and she would recommend transferring money out of that account to acquire the property.

     Commissioner Van Der Weide stated he doesn’t have a problem supporting this, but he believes further discussion on this may be in order.

     Commissioner Henley stated he doesn’t think that parcel of land is crucial to what they are doing out there and he would hate for them to dip into this fund for this purpose.   He stated he feels it is crucial for what they are trying to do on 17-92 at 5 Points, and he would hate for them to come up short as a result of purchasing this parcel.  Therefore, he doesn’t think it is critical that they buy this piece of property.

     Ms. Coto stated the parcel next to Jetta Point is not critical to the successful implementation, but it will assist them in some of the issues that they will have to work around with regard to access.

     Commissioner Van Der Weide stated if it is not critical, then he doesn’t think it should be up for discussion.

     Chairman Carey stated some of the land at Jetta Point was expensive but it would be better if they could come up with some reasonable terms.  She stated this item will be tabled for the next meeting and that will keep them within the 30 day limit.

-------

     Chairman Carey stated since the EAR work shops will be scheduled after BCC meetings in April or May, she would hope all of the Board members will be able to be present well into the afternoon and maybe the evening hours.

COUNTY ATTORNEY’S BRIEFING

     No Report.

-------

     The Chairman recessed the meeting at 10:20 a.m., reconvening at 1:31 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 in the Opening Session. 

PROOFS OF PUBLICATION

     Motion by Commissioner Henley, 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, 4 and 5 voted AYE. 

REQUEST FOR LARGE SCALE LAND USE & REZONE

TO PUD, JAMES WILLARD/SHUTTS & BOWEN, Continued

 

     Continuation of a public hearing to consider a Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) and Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for approximately 26.8 acres, located on the east side of Oregon Street, approximately ˝ mile north of the intersection of SR 46 and Oregon Street, as described in the proof of publication, James G. Willard, Shutts & Bowen, LLP. 

     Planner, Ian Sikonia, addressed the Board to present the request, advising the original PUD approved by the BCC on May 10, 2005, has now been split in half and being presented as Items #25 and #26.  The applicant is requesting the amendment to allow for a multi-family residential development at a maximum density of 16.5 dwelling units per net buildable acre.  He stated this property was previously approved as the NW 46 PUD which consisted of a townhome and condominium project allowing a maximum of 400 units.  The proposed Lake Forest PUD is creating a new PUD while maintaining some of the previous conditions of the NW 46 PUD. The proposed PUD is also allowing for a maximum of 417 units, which is an increase of 17 total units; and proposing to increase the approved maximum building height of 35 feet, not to exceed two stories, to 50 feet, not to exceed three stories.  They are also maintaining the same permitted uses of condominium, townhomes, and adding multi-family rental units to the development order. 

     Mr. Sikonia advised that the P&Z Commission’s motion to approve this item failed due to a 3 to 3 vote.  They then made a motion to send the request to the BCC without a recommendation with a 6 to 0 vote.  He further advised that staff recommends approval to transmit the amendment to the DCA. 

     District Commissioner Carey clarified that Items #25 & #26 originally came to the Board and was approved as one piece of property.  The developer has now split the property and is seeking separate approvals for each piece.  She suggested the Board take votes on each item after hearing public comment on both.  The Board voiced no objections to same. 

     Attorney Ken Wright, representing the applicant, addressed the Board to state this is an apartment site that is very well located by I-4 and job centers.  He said going from two stories to three stories has allowed them to be much more accommodating for open space.  He agreed that both Items #25 and #26 should be considered together. 

     Upon inquiry by County Attorney, Robert McMillan, Attorney Steve Coover, representing Item #26’s applicant, addressed the Board to advise he has no objection to the Board hearing both items together. 

     Attorney Wright briefly discussed the revised First Amended & Restated Seminole County Development Order (copy received & filed), advising the changes made on same were in order to accommodate the agreement they reached with the Lake Forest Master Community Association.  Under Item 3c, they have included that, “All buildings abutting Oregon Street will either have no third floor balconies on the west, or if they do, they will have a Bermuda-type shutter, such that the occupants will not be able to see west into the Lake Forest development from a unit balcony.”  Item 3k includes, “The west buffer shall be 15’ wide and preserve all existing non-nuisance trees greater than 6’ in height, and contain a 6’ masonry wall.”  He added that the County staff will determine whether a tree is a nuisance tree.  He further advised there is a new provision that outdoor lighting generated by the project shall measure 0’ candles at the west Oregon Street right-of-way line, with the exception for the entrance. 

     Upon inquiry by Chairman Carey, Planning & Development Assistant Manager, Tina Williamson, addressed the Board to advise staff has reviewed the revised D.O. and have no objections to it. 

     Attorney Brent Spain, representing the Lake Forest Master Community Association, Inc., addressed the Board to advise he has been meeting with Attorney Wright and Attorney Coover over the past several weeks and have entered into a private settlement agreement; therefore, they have no objections to either this item or Item #26. 

     No one else spoke in support or in opposition. 

     Chairman Carey stated the Board will now hear testimony on Item #26, before a motion is made on Item #25. 

REQUEST FOR LARGE SCALE LAND USE AMENDMENT &

REZONE TO PUD, REED BERLINSKY/KB HOMES ORLANDO, Continued

 

     Continuation of a public hearing to consider a Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) and Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for approximately 28.25 acres, located on the east side of Oregon Street, approximately ˝ mile north of the intersection of SR 46 and Oregon Street, as described in the proof of publication, Reed Berlinsky/KB Homes Orlando, LLC. 

     Planner, Ian Sikonia, presented the request, advising this property was originally part of Item #25 and is now being split.  He stated the applicant is requesting the amendment in order to allow for a multi-family residential development at a maximum density of 20 dwelling units per net buildable acre.  The proposed Silverleaf PUD is essentially creating a new PUD while maintaining some of the previous conditions of the NW 46 PUD which allowed for a maximum 400 units.  The Silverleaf PUD is proposing a maximum of 558 units and proposing to increase the approved maximum building height of 35 feet or two stories to 50 feet or three stories.  The PUD is also proposing to remove conditions from the previous D.O. regarding minimum house size, lot width, setback, and other design-related conditions to allow for more flexibility when designing the Final Master Plan. 

     Mr. Sikonia advised the P&Z Commission voted to approve the request, which failed; and then voted to deny the request, which also failed.  They then sent the application to the BCC without a recommendation.  He further advised the staff recommends approval to transmit the amendment to the DCA. 

     Attorney Steve Coover, representing the applicant, stated they concur with the staff recommendation.  He said they have reduced the number of units from 582 to 303.  Copy of revised First Amended & Restated Seminole County Development Order was received and filed. 

     No one else spoke in support or in opposition. 

     Chairman Carey stated the Board will now consider Item #25. 


REQUEST FOR LARGE SCALE LAND USE & REZONE

TO PUD, JAMES WILLARD/SHUTTS & BOWEN, Continued

 

     Continuation of a public hearing to consider a Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) and Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for approximately 26.8 acres, located on the east side of Oregon Street, approximately  ˝ mile north of the intersection of SR 46 and Oregon Street, as described in the proof of publication, James G. Willard, Shutts & Bowen, LLP. 

     District Commissioner Carey recommended transmitting this to the DCA. 

     Motion by Commissioner Henley, seconded by Commissioner Dallari to authorize transmittal of the requested Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) and Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for approximately 26.8 acres, located on the east side of Oregon Street, approximately ˝ mile north of the intersection of SR 46 and Oregon Street, as described in the proof of publication, James G. Willard, Shutts & Bowen, LLP, based on staff findings and the revised First Amended & Restated Development Order.  

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

REQUEST FOR LARGE SCALE LAND USE AMENDMENT &

REZONE TO PUD, REED BERLINSKY/KB HOMES ORLANDO, Continued

 

     Continuation of a public hearing to consider a Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) and Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for approximately 28.25 acres, located on the east side of Oregon Street, approximately ˝ mile north of the intersection of SR 46 and Oregon Street, as described in the proof of publication, Reed Berlinsky/KB Homes Orlando, LLC. 

     District Commissioner Carey recommended transmittal of this item. 

     Motion by Commissioner Henley, seconded by Commissioner McLean to authorize transmittal of the requested Large Scale Future Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) and Rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development) for approximately 28.25 acres, located on the east side of Oregon Street, approximately ˝ mile north of the intersection of SR 46 and Oregon Street, as described in the proof of publication, Reed Berlinsky/KB Homes Orlando, LLC, based upon staff findings and the revised First Amended & Restated Development Order. 

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

APPEAL AGAINST BOA,

TBCOM PROPERTIES, LLC

 

     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 Special Exception for a 130-foot communication tower located on Parcel 202 in the Carillon PUD, TBCOM Properties, LLC, received and filed. 

     Planner, Kathy Fall, addressed the Board to present the appeal, advising at the BOA hearing, there was discussion concerning possible interference with the County’s Public Safety communications.  The applicant has agreed to conditions of the approval that would ensure no potential impacts, including an IM study to be conducted by each subscriber and a test conducted prior to commercial use.  If there are any unresolved problems after commencement of service, TBCOM will immediately remove the offending subscriber from service.  She further advised that on December 11, District Commissioner Dallari asked that this item be brought before the BCC. 

     Upon inquiry by Commissioner Henley, Ms. Fall advised that the first request was for a 120-foot tower and this request is for a 130-foot tower, with the same amount of carriers. 

     Director of Information Technology, Robert Beach, addressed the Board to discuss the concern about the tower interfering with the fire stations 800 megahertz communication system.  He said the applicant has tried to address this concern in the development order by having the carrier conduct testing and should there be interference, the offending subscriber will be removed from service.  He added that the County is in the process of moving and updating their band. 

     Upon inquiry by Chairman Carey, Mr. Beach advised should any communication towers located in the County interfere with any Public Safety communication, the County has the ability to require them to cease and desist. 

     Attorney Mary Solik, representing TBCOM Properties, addressed the Board to review the history of the tower request on this site starting in January 2007.  She advised that in order to accommodate Verizon, they have raised the pole to 130 feet.  The other carriers will be Metro PCS, T-Mobile, and Sprint.  She said all carriers will be on the 1830 to 1930 bands and not on the 800 band.  She displayed photographs (received & filed) showing how the tower will look from various surrounding sites.  She said the photos demonstrate that this area is a real mix of educational structures, commercial and residential; and they do not believe that the cell tower disguised as a flag pole is a detriment to the neighborhood.  She displayed an aerial (received & filed) of the site and surrounding neighborhood.  She advised that they have hired a consultant to conduct an Intermodulation Study in order to determine the impact of the tower on the Seminole County fire station that is located in the area.  She said they agree with the BOA condition that all carriers will conduct testing and if there is any interference, they will remove the carrier. 

     Tony Demattia addressed the Board to discuss the Study, advising he conducted the study himself.  Copy of TB172 – UCF North Collocation Study by Sitesafe was received and filed. 

     Upon inquiry by Commissioner Henley, Mr. Beach advised the County’s communications equipment will change as they go through re-banding and it will cause less interference.  He reiterated that if there is ever any interference, the applicant would be required to take down the tower. 

     Dan Babilla, T-Mobile Radio Frequency Engineer, addressed the Board to display and discuss the current coverage area versus the improved coverage area with the proposed new tower (maps regarding same were received & filed).   He stated that they have been trying to improve the service to this area since 2000 and the demands for service have dramatically increased in the last five years as people are pulling their land lines out of the homes and want to exclusively use their cell phones.  Average Daily Dropped Call Footprint and A2E0658 Search Area Map were received & filed. 

     Upon inquiry by Attorney Solik, Mr. Babilla advised there are other cell towers within close proximity to fire stations in Seminole County.  He displayed photographs (received & filed) of cell towers behind Fire Station #36 on Lake Mary Boulevard and Fire Station #31 on French Avenue in Sanford.  He said they are also co-locating on the County’s tower at the water treatment facility off of Dodd Road. 

     Upon further inquiry by Attorney Solik, Mr. Babilla advised to date they have received no interference complaints about any of their towers. 

     Attorney Solik submitted, for the Record, the Verizon Wireless existing coverage in the Carillon area map and the proposed coverage using the new tower.  Copy of the proposed site plan was also received and filed. 

     Attorney Patrick Howell, representing the Carillon Homeowners Association, addressed the Board to speak in opposition to the proposed cell tower, stating the tower exceeds the current restrictions by 100 feet and it will be massive.  He said no analysis has been provided of what will happen in a high wind event and how the tower will fall.  He said a 300-foot buffer from the proposed UCF dorms is not sufficient. 

     Upon inquiry by Chairman Carey, Director of Planning & Development, Dori Debord, advised there is an application for student housing to be located on the property which is currently being reviewed by County staff; however, no public hearing has been scheduled to date. 

     Attorney Howell stated the proposed tower will not be in character with the surrounding wetland conservation area.  He discussed the letter from Televate (copy received & filed) regarding the possible interference with the fire station’s communications, stating he objects to the idea of building the tower first and then conducting the test.  He further stated that the residents of Carillon do not want the tower as over 300 residents have e-mailed that they are against it and only 14 e-mailed in support. 

     District Commissioner Dallari submitted for the Record a copy of the Site Lease Agreement with TBCOM Properties and a packet of information with plans of the proposed Northview Carillon PUD Major Amendment. 

     Ms. Debord advised the proposed PUD amendment includes the proposed cell tower site. 

     Attorney Solik stated a tower needs to be built before the study can be conducted; and should there be interference, they will abide by the conditions laid out by the BOA.  She also stated that the tower will be engineered in order to have a fall zone and will be made so that it will collapse on itself.  She reiterated her request for the Board’s approval. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     The Chairman recessed the meeting at 3:00 p.m., reconvening it at 3:08 p.m., this same date. 

     A brief discussion ensued between the Board, Ms. Debord and County Attorney McMillan with regard to the proposed PUD amendment. 

     Commissioner McLean stated he has not heard an outpouring of complaints about reception from the Carillon residents. 

     E-mails regarding this request were received and filed. 

     District Commissioner Dallari stated he believes there is a conflict between the location of the cell tower and the proposed PUD amendment.  He added that there are many issues. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to reverse the Board of Adjustment’s decision in approving a Special Exception; thereby, denying the request for a 130-foot communication tower located on Parcel 202 of the Carillon PUD, as described in the proof of publication, TBCOM Properties. 

     Districts 1, 2 and 4 voted AYE. 

     Commissioners Van Der Weide and Carey voted NAY. 

REQUEST TO VACATE & ABANDON,

WILLIAM S. & BLAIR K. HULL

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the platted drainage easement at the rear of the property located at 3382 Park Grove Court, Longwood, further described as Lot 82, Alaqua Lakes Phase 2, in Section 14, Township 29 S, Range 29 E, William S. & Blair K. Hull, received and filed. 

     The Board was advised that this item has been withdrawn by the applicants.  Copy of letter regarding same was received and filed. 

REQUEST TO VACATE & ABANDON,

CAROL C. YANDELL

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of the drainage and utility easement as shown on Lot 176, Mandarin Section Five Plat, in Section 24, Township 20 S, Range 29 E, Carol C. Yandell, received and filed. 

     Planner, Tony Walter, addressed the Board to present the request, advising the Board of Adjustment approved the request for a rear yard setback variance from 35 feet to 3 feet and side yard setback from 20 feet to 4 feet for the existing shed on the property.  Staff has determined that the vacation of this portion of the platted drainage easement would not diminish the effectiveness of the subdivision’s drainage system.  The applicant had provided letters from all applicable utility companies stating no objections to the requested vacate. 

     Commissioner Henley voiced his concern that the Board of Adjustment is continually approving these variances and then the property owners have to vacate easements. 

     No one spoke in support or in opposition. 

     District Commissioner Carey recommended approval. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2008-R-61, as shown on page _______, vacating and abandoning a portion of the drainage and utility easement as shown on Lot 176, Mandarin Section Five Plat, in Section 24, Township 20 S, Range 29 E, as described in the proof of publication, Carol C. Yandell. 

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

REQUEST FOR MAJOR PCD AMENDMENT,

BRETT NEVARIL/PROGRESSIVE DEVELOPMENT GROUP

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a major PCD Amendment, Revised Final Site Plan, and Revised and Restated Developer’s Commitment Agreement for the Red Bug Lake 5885/Mobil consisting of approximately 0.97 acres, located on the southeast corner of Red Bug Lake Road and Tuskawilla Road, Brett Nevaril/Progressive Development Group, received and filed. 

     Planner, Ian Sikonia, presented the request, advising the original plan was approved for a 988 square foot gas station with gas pumps, a car wash and all uses within the C-1 zoning district.  At this time, the applicant is requesting to increase the square footage of the convenience store from 988 square feet to 4,200 square feet.  The applicant is proposing an additional 3,212 square feet of convenience store space, 1,596 square feet will be used for storage.  He is also proposing 18 parking spaces, which will satisfy Code requirements and all other conditions of approval will remain the same.  He further advised the P&Z Commission recommended approval and the staff also recommends approval. 

     Brett Nevaril, applicant, addressed the Board to advise they concur with the staff report and the P&Z Commission’s recommendation. 

     No one else spoke in support or in opposition. 

     District Commissioner Dallari recommended approval. 

     Motion by Commissioner McLean, seconded by Commissioner Henley to approve the PCD Major Amendment, Revised Final Site Plan, and Revised and Restated Developer’s Commitment Agreement, as shown on page _______, for the Red Bug Lake 5885/Mobil consisting of approximately 0.97 acres, located on the southeast corner of Red Bug Lake Road and Tuskawilla Road, as described in the proof of publication, Brett Nevaril/Progressive Development Group. 

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

REQUEST FOR MAJOR AMENDMENT TO RIVER’S

EDGE PRESERVE PUD, DALY DESIGN GROUP

 

     Proof of publication, as shown on page ______, calling for a public hearing to consider a request for a major amendment to the River’s Edge Preserve PUD, Revised and Restated Development Order and Revised Preliminary Master Plan, for approximately 9.99 acres, located on the east side of SR 415, approximately 1 mile north of the intersection of SR 46 and SR 415, Daly Design Group, received and filed. 

     Planner, Austin Watkins, addressed the Board to present the request, advising the original PUD was approved for a maximum density of 3.9 dwelling units per net buildable acre, up to a maximum of 33 dwelling units.  The approved Development Order requires a minimum lot size of 6,000 square feet for detached single-family dwellings and 2,250 square feet for townhomes.  The applicant is requesting an amendment to allow for an additional access point to the development and modifications to the approved buffering standards.  The current proposal depicts the originally approved access point at Celery Avenue and SR 415 and an additional access point approximately 900 feet south of the approved access point.  The proposed access point is an existing shared driveway for two single-family homes, one of which is within the River’s Edge Preserve PUD and will remain after the development is completed.  He further advised that the applicant is also requesting amendment of the approved buffering standards.  Since the approved buffering standards are for a townhome development, they would like the flexibility of reduced buffering standards, if the project is developed, as detached single-family.  He reviewed the proposed buffers as outlined in the agenda memorandum. 

     Mr. Watkins advised the P&Z Commission recommended approval of the amendment per staff findings and the staff also recommends approval. 

     Bill Mackey, representing the applicant, addressed the Board to state when the original plan was approved they anticipated a townhome development, now they will be building single-family homes.  He added that Mr. Bergmann will continue to reside in his house. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended approval with the southern boundary to have a 10-foot buffer and a 5-foot building setback, with the exception of the road, for the 4 building lots. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to approve the requested Major Amendment to the River’s Edge Preserve PUD, Revised and Restated Development Order, as shown on page _______, and Revised Preliminary Master Plan; and adoption of Ordinance #2008-11, as shown on page _______, for a rezone from PUD to PUD, for approximately 9.99 acres, located on the east side of SR 415, approximately 1 mile north of the intersection of SR 46 and SR 415, as described in the proof of publication, Daly Design Group, based on staff findings and the 10-foot buffer and an additional 5-foot building setback from the southern property line. 

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

LEGISLATIVE UPDATE

     Assistant County Manager, Sabrina O’Bryan, addressed the Board to give an update on legislative items.  She advised that as directed by the County’s Federal Lobbyist, staff met with Mr. Newstreet from Senator Mel Martinez’s office with regard to Federal Priorities; and the federal funding request letter has been given to Chairman Carey for her review and signature.  She stated there was one minor change to the request with regard to the Commuter Rail Station platform enhancements.  After meeting with the cities, it was recommended that the request should be $2 million ($500,000 each for four rail stations). 

     Upon inquiry by Chairman Carey, County Engineer, Jerry McCollum, addressed the Board to briefly discuss the funding for Bill 5309 regarding LYNX buses. 

     ACM O’Bryan advised the Taxation & Budget Reform Commission will be meeting and she will give the Board information on those discussions as they occur.  She further advised that the final report from the Fertilizer Task Force has come in and staff will be bringing to the Board a resolution in support of those findings at the next BCC meeting. 

     Assistant County Attorney, Susan Dietrich, addressed the Board to review the Legislative Issues information (copy received & filed) with regard to HB 747, Charter County Transit System Surtax; SB 1322, Economic Development/Local Option Tourist Development Tax; HB 715, Local Government Revenue Sources; and SB 986, Local Government Infrastructure Surtax/Housing. 

     A brief discussion ensued between the Board and Ms. Coto with regard to school impact fees and affordable housing. 

     Planning & Development Director, Dori Debord, gave a brief update on the Citizen’s Planning Bill of Rights, advising there are six new points in this bill that will affect Seminole County.  The first point is that a community meeting is required prior to submittal of applications for both large and small scale land use amendments.  Also, proposed is that only one large scale amendment cycle for both text and map amendments will be allowed per year; and the settlement time frame with DCA has been changed. 

     ACM O’Bryan stated the President’s Budget reduction will directly impact the Community Services Block Grant program. 

     Community Services Director, Dr. David Medley, addressed the Board to advise the President has zeroed out the Community Block Grant funds from his budget.  He said that given the other budget reductions they are looking at, there will be a significant impact to the services that the Community Services Department provides. 

     Chairman Carey requested Dr. Medley to work with Ms. O’Bryan to draft a letter for her signature in response to this budget cut. 

COUNTY MANAGER’S REPORT, CONTINUED

     Ms. Coto advised the DOT agreed to pay for 50% of a Change Order for the Pedestrian Bridge at U.S. 17-92 and General Hutchison Parkway, which was approved recently, and the JPA is being drafted.  She requested approval for the Chairman to execute the JPA agreement prior to the next BCC meeting. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the Chairman to execute Resolution #2008-R-69 and JPA Agreement, as shown on page _______, with DOT with regard to the funding of the change order for the Pedestrian Bridge at U.S. 17-92 and General Hutchison Parkway; and to adopt appropriate Resolution #2008-R-69, as shown on page _______, for same. 

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

CHAIRMAN’S REPORT

     Chairman Carey advised that she is in receipt of a letter from Orlando Mayor Buddy Dyer requesting that an alternate be appointed to serve on the Commuter Rail Technical Advisory Committee; and she recommended Planning Manager, Alison Stettner, to fill that position. 

     The Board voiced no objections to Ms. Stettner being appointed to same. 

-------

     Chairman Carey advised she had an opportunity to meet with Congressman Mica and spoke about the Commuter Rail and the Water Resources Committee, which he chairs.  She said it was suggested that the County not only make a request for $2 million from the Army Corp of Engineers, but also a request for STAG funds.  She said that Commissioners will be seeing a letter, which will be sent over night to the Legislative Delegation, concerning these requests. 

-------

     Chairman Carey gave a briefing on a meeting she attended in Longwood with the Mayor, District Congressman, House & Senate Representatives and the Secretary of Transportation and several issues that were discussed there.  She said at the end of the day the message was that if Seminole County wanted to do the “How Shall We Grow” Plan, some relief would be needed from the Growth Management Bill.  She added that Representative Simmons requested a list be provided to him on what was needed. 

      A brief discussion ensued between the Board and County Engineer, Jerry McCollum, regarding the repaving project on SR 434 between Grant Line Road and I-4, and he stated he will check the timing of same. 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey requested adoption of various resolutions of appreciation. 

     Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt the following:  Resolution #2008-R-62, as shown on page _______, commending Deborah Schafer for her services on the Natural Lands Committee; Resolution #2008-R-63, as shown on page _______, commending Michael Williams for his services on the Parks & Recreation Advisory Board; Resolution #2008-R-64, as shown on page _______, commending Mike Martin for his services on the Trails & Greenways Task Force; and Resolution #2008-R-65, as shown on page ________, commending Nita Spatola for her services on the Library Advisory Board. 

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

-------

     Commissioner Carey requested appointment of Steve Coover to the Board of Adjustment. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to appoint Steve Coover to the Seminole County Board of Adjustment for a 4-year term ending January 2012; and adopt appropriate Resolution #2008-R-66, as shown on page _______, commending Al Rozon for his services on the Board. 

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

-------

     Commissioner Carey requested appointment of John Schweinsberg to the Seminole County Disability Advisory Committee. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to appoint John Schweinsberg to the Seminole County Disability Advisory Committee to fulfill the remaining one-year term on the Animal Services Board ending January 2009. 

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

--------

     Commissioner Carey requested reappointment of Lisa Giltner to the Animal Control Advisory Board. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to reappoint Lisa Giltner to the Animal Control Advisory Board ending January 2009. 

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

-------

     Commissioner Carey requested reappointment of Thom Green to the Law Library Advisory Board. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to reappoint Thom Green to the Law Library Advisory Board for a 3-year term, ending January 2011. 

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

-------

     Commissioner Carey requested appointment of Edgerton Van Den Berg to the SCIDA Board. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to appoint Edgerton Van Den Berg to serve on the SCIDA Board for a 4-year term, ending January 2012. 

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

--------

     Commissioner Carey requested appointment of Karen Almond to the MPO Citizens Advisory Committee. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to appoint Karen Almond to serve on the MPO Citizens Advisory Committee for a 4-year term, ending January 2012; and to adopt appropriate Resolution #2008-R-67, as shown on page _______, commending Dennis Bowman for his services on same. 

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

-------

     Commissioner Carey advised that she will be giving the State of the County Address on February 14.  She also wished everyone a Happy Valentine’s Day. 

-------

     Commissioner Dallari asked that Seminole County’s Medical Director, Dr. Todd Husty, be put on the agenda so that he can make a presentation regarding reducing health costs. 

     Ms. Coto suggested Dr. Husty make a presentation to the Risk Management Committee first.  Whereupon, the Board directed that the presentation be scheduled before the full Board. 

-------

     Commissioner Dallari requested that a Small Area Study be conducted by staff on the Carillon Subdivision area prior to the application for student housing coming before the Board. 

     Planning & Development Director, Dori Debord, advised staff can develop a scope for this study and establish a time frame.  She stated that with the review of the Comp Plan and the major rewrite of the Land Development Code, staff is spread pretty thin. 

-------

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to appoint Steve Young to the Contractor Examiner Board for a 1-year term ending January 1, 2009. 

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

--------

     Commissioner McLean advised he attended Seminole Softball Opening Day on February 9, 2008. 

-------

     Commissioner McLean stated he also attended the dedication of the Lake Mary Event Center on January 24, 2008; and did the Geneva Pancake Breakfast & Bus Tour on February 2, 2008. 

-------

     Commissioner McLean said he attended the Seminole County Prayer Breakfast on February 8, 2008; and the Seminole County Firefighters Annual Banquet on that same date. 

-------

     Commissioner Van Der Weide advised he attended the Firefighter Training Center Ribbon Cutting. 

-------

     Commissioner Van Der Weide stated the Heroes Memorial Kick-Off Meeting was held yesterday and it went very well.  He further stated that the web site for same is up and running. 

-------

     Commissioner Van Der Weide advised he has been appointed Honorary Chairman of the March of Dimes “March for Babies 2008” and a walk is scheduled for April 26 at Lake Lily Park in Maitland. 

-------

     Commissioner Van Der Weide stated that he took the Tour of Pathways to Care conducted by Father John.  He said this programs works with the homeless and it is very worthwhile. 

-------

     Motion by Commissioner Henley, seconded by Commissioner Dallari to appoint Cliff Miller to the Seminole County Port Authority for a term ending January 1, 2012. 

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

-------

     Commissioner Henley stated that as the Chairman of MetroPlan, he and Harry Barley, along with Mr. Stuart from the Regional Business Partners, and Lynda Watson from LYNX, met with Representative Cannon regarding funding concerns.  He said that they were told to not expect anything to get through because of the serious funding challenges.  Representative Cannon has indicated that the top priority will be maintaining the funding for Commuter Rail and the second will be the Wekiva Parkway.  He further stated that in representing the County on the Commuter Rail Authority, he is requesting approval to travel to Washington D.C. for one day in order to meet with the Feds. 

     The Board, by unanimous consensus, approved travel expenses for Commissioner Henley to go to Washington D.C. for the Commuter Rail Authority. 

-------

     Commissioner Henley advised LYNX has made a tremendous effort to reach out to the community in an effort to educate them on what LYNX is and how it works.  He stated they held a town hall meeting in Longwood which was very well attended. 

-------

     Commissioner Henley advised that the U.S. Army has asked the First Baptist Church of Altamonte Springs to bring their “Slooze” Show youth program to army bases in Germany.  Also, there is a request for 5,000 backpacks for the army children and he asked that anyone willing to donate to either contact the church or him.  He added that Commissioner Van Der Weide is working on providing free shipping for the backpacks. 

COUNTY MANAGER’S REPORT, CONTINUED

     County Manager, Cindy Coto, advised that Animal Services Manager, Mike Wittmer, passed away on Sunday and services will be held on Friday, February 15 at 10:00 a.m., in Oviedo.  The family has asked that in lieu of flowers, donations be made to Animal Services in his name. 

COMMUNICATIONS AND/OR REPORTS

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

1.             Letter dated December 29, 2007 to Chairman Brenda Carey from Patricia Southward re: Leisure Services Advisory Board.

 

2.             Letter dated January 4, 2008 to Chairman Brenda Carey from Noranne Downs, FDOT, re: TRIP 434 from I-4 to Rangeline.

 

3.             Letter dated January 16, 2008 to Chairman Brenda Carey from Mayor John Bush, City of Winter Springs, re: conjoining of CALNO, Mayors and Managers and JCCAC.

 

4.             Letter dated January 16, 2008 to Chairman Brenda Carey from Cynthia Porter, City of Sanford, re: appointments to the 17-92 CRA.

 

5.             Letter dated January 16, 2008 to Chairman Brenda Carey from Cynthia Porter, City of Sanford, re: appointments to the Mayors and Managers, Tourist Development Council and JCCAC.

 

6.             Letter dated January 17, 2008 to Chairman Brenda Carey from Nelson Bregon, General Deputy Assistance Secretary, U.S. Dept. HUD, re: FY 2008 allocations.

 

7.             Letter dated January 18, 2008 to Chairman Brenda Carey from Matt Hodge, SCC Foundation, re: $150,000 contribution.

 

8.             Letter dated January 22, 2008 to County Manager, Cindy Coto, from Clerk, Maryanne Morse, re: FSAM agreement and scope of services.

 

9.             Letter dated January 22, 2008 to Chairman Brenda Carey from Diane Pickett Culpepper, Bright House Networks, re: adjustments to pricing schedule.

 

10.               Letter dated January 22, 2008 to Commissioner Harold Rutledge, Clay County, and Mr. Brian Teeple, CEO, Northeast Florida Regional Council, from Chairman Brenda Carey re: Water Supply Summit.

 

11.               Fax dated January 23, 2008 from Kirby Green, St. John’s River Water Management District, re: surface water withdrawals from rivers.

 

12.               Letter dated January 23, 2008 to Chairman Brenda Carey from John Drago, City of Longwood, re: conjoining of JCCAC, Mayors and Managers, and CALNO.

 

13.               Letter dated January 24, 2008 to Chairman Brenda Carey from Commissioner Harold Rutledge, Clay County, re: Water Supply Summit.

 

14.               Letter dated January 25, 2008 to Seminole County Board of County Commissioners from Pasco County Board of County Commissioners re: Local Government Investment Pool.

 

15.               Letter dated January 28, 2008 to Chairman Brenda Carey from Department of Community Affairs re: Notification of prohibitions that may affect adoption of Comprehensive Land Plan Amendments.

 

16.               Letter dated January 28, 2008 to Chairman Brenda Carey from Mayor Buddy Dyer re: alternate to serve on Commuter Rail Technical Advisory Committee.

 

17.               Letter dated January 29, 2008 to Chairman Brenda Carey from John Litton, City of Lake Mary, re: conjoining of JCCAC, Mayors and Managers, and CALNO.

 

18.               Letter dated January 30, 2008 to Chief Administrative Officer of Seminole County from City of Longwood re: annexation Ordinance.

 

19.               Letter dated February 1, 2008 to Seminole County Board of County Commissioners from City of Sanford re: annexation Ordinance No. 4089.

 

20.               Letter dated February 1, 2008 to Chairman Brenda Carey from Mayor John Bush, City of Winter Springs, re: interlocal agreement/enclaves.

 

21.               Fax dated February 1, 2008 to Cindy Coto, County Manager, from Alcalde and Fay re: progress report.

 

22.               Letter dated February 1, 2008 to Chairman Brenda Carey from Department of Community Affairs re: Ordinance No. 2007-47.

 

23.               Memo dated February 4, 2008 to Board of County Commissioners from Lisa Spriggs, Director of Fiscal Services, re: Governmental Accounting Standards and Board Statement No. 45: Accounting and Financial Reporting by Employers for post-employment benefits other than pensions.

 

24.               Notice of Comprehensive Land Plan change on February 7, 2008 from the City of Lake Mary.

 

25.               Letter dated February 5, 2008 to Legislative Delegation from Chairman Brenda Carey re: SR 46 four-laning.

 

26.               Letter dated February 6, 2008 to Chairman Brenda Carey from the Bass Pro Crappie Masters re: update on event and thank you.

 

ITEMS FOR FUTURE AGENDA – COMMISSION, STAFF OR CITIZENS

     Robert King, Black Hammock, addressed the Board to voice his complaints and concerns about the noise problem in his neighborhood.  He asked for assistance in reaching an equitable solution.  He submitted for the Record a video tape depicting the problem.  Copy of statement was received and filed. 

     Commissioner Henley stated this problem has been brought to his attention and the code is being looked at to see where the weaknesses are so that they can be corrected. 

--------

     Commissioner Henley advised he has just received a text message that there is a tornado warning for the Central Florida area. 

-------

     There being no further business to come before the Board, the Chairman adjourned the meeting at 4:50 p.m., this same date. 

 

 

ATTEST:_____________________Clerk____________________Chairman

er/slm