FEBRUARY 13, 2007


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


     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

Commissioner Michael McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach


     The Invocation was given by Missionary David Byron, New Tribes Mission, Sanford.

     Commissioner Dallari led the Pledge of Allegiance.


     Phil Laurien, Executive Director of the East Central Florida Regional Planning Council, addressed the Board to give

an update on MyRegion.Org - Florida’s 4 Future - How Shall We Grow.  He reminded everyone that tomorrow is the last day to go on-line to vote for the scenario of choices of how they want to see the region grow in future years.  He stated the scenario is to look at the seven regional counties and as a result of a nine-month process, this PowerPoint Presentation (not received and filed) is a summation of that.  He began his presentation by reviewing the following:  How Shall They Grow; Central Florida

Growing Modestly from 1950-1970; a Map Showing the Population and Square Footage; a Contour Map showing the 2005 Population; Where are They in 2007; More Land is Being Consumed by Development from 1993 to 2000; $300,000 Housing Units Added from 2000; The Trend for 2050; Current Development Patterns and Densities in 2050 and What it Would Look Like; 2050 Indicators; What are the Alternatives; What People Think; 2050 Development Preference Map; and Alternative Themes.  He continued by reviewing the following three Alternative Scenarios:  Green Areas; Streets; and Corridors. 

     County Attorney, Robert McMillan, left the meeting at this time.

     Mr. Laurien continued his presentation by reviewing the page titled, “Using the UCF Model Works and the Model Looks at Three Uses Based on Characteristics”; Region in 2050; and Conflict between Urban, Agriculture and Conservation Future Land Uses.  He displayed Alternative A - Green Areas and reviewed the Natural Areas Connected to State; Environmental Corridors; What the Green Areas Look Like; and Indicators (Green Areas-2050).

     Mr. McMillan reentered the meeting at this time.

     Mr. Laurien continued reviewing the Centers and the following Types of Centers: City, Town, Villages, and Transit.  He concluded by reviewing the Centers Connected with a Basic Rail Network and Center Scenario for Alternative A.  He reviewed the following relating to Alternative B-Streets:  2005-2050 Added Population; Existing Streets and Merging Streets; Corridors; Where do They Get the Corridors That They Use Tomorrow; and Cities Rediscover Allure of Streetcars.  He concluded by reviewing the following Alternative C-Corridors:  Corridors Model; Corridors Scenario; Indicators; Land Consumption, Predictors; Density Predictors; Land Use Predictors; Traffic and Air Quality Predictors; Growth Florida Final Frontier; The Choice Which is Your Future; Trend 2050 (Best and Worst Rating); Green Areas 2050 (Best and Worst Rating); Centers 2050 (Best and Worst Rating); and Addendums relating to Scenarios Distribution, Statistics and Assumptions.

     At the request of Chairman Henley, Mr. Laurien commented on the air quality data. 

     Discussion ensued between Commissioner Van Der Weide and Mr. Laurien relative to an article in the newspaper about people figuring out a way to vote more than once on the survey, and how was able to isolate those votes that they feel were tampered with. 

     Commissioner Carey stated she is glad that other counties were included because whatever happens in Volusia and Lake Counties will affect Seminole County.  Seminole County has to look at this as a region because it will impact Seminole County if those counties decide to continue on a trend.  She said she hopes that after this exercise is finished that MyRegion will continue to do the educational process as part of the next step.

     Mr. Laurien stated he will be on the road to give one-on-one presentations to these jurisdictions to help explain it and answers questions.  He stated part of the burden is to get with the home builders and developers to work with these alternate development patterns.

     Chairman Henley stated the cities have been talking about looking countywide at a land use and zoning plan so they can make sure they can get what they need in the future.  MyRegion has been in operation over five years and it has opened the eyes of a lot of people that density in certain areas is not a bad thing, particularly with the amenities.  He stated the County has a responsibility to look closely at the corridors as to what has happened up and down those corridors and what they can do in order to try to create density where it is most appropriate.  He said he feels it is important to recognize that they should have a plan as to how they should grow.


     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-22, as shown on page ________, in support of Habitat for Humanity.

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

     The Board presented the Resolution to Robert J. Kenney, who addressed the Board to express his appreciation.  He stated this will help Habitat for Humanity significantly.  Habitat is working very, very hard to build more and more houses to support low-income families.  This resolution will allow them to participate in the state-wide program that will enable businesses to contribute to a greater level.


     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-21, as shown on page ________, proclaiming February 22, 2007 as “Step Up Florida” day to promote physical activity and healthy lifestyles.

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

     The Board presented the Resolution to Gigi Rivandeneyra, who addressed the Board to express her appreciation.  She invited everyone to attend the physical activities on February 20 at Fort Mellon Park.


     Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-23, 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 Bernard Mitchell, Sr., who addressed the Board to express his appreciation.  He stated it is an honor to accept this Resolution on behalf of the African-Americans in Seminole County.  He thanked the Board for their support and for honoring February as “Black History Month”.


     The Chairman recessed the meeting at 10:35 a.m., in order to convene the meeting of the U.S. Hwy. 17-92 Community Redevelopment Agency, reconvening the BCC meeting at 11:05 a.m. 


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

County Manager’s Office

6.         Approve and authorize Chairman to execute the WMFE Capacity Grant Agreement, as shown on page _________, between Seminole County and Community Communications, Inc., (WMFE) in the amount of $30,000 a year for the next three years. 


Community Services 

Community Assistance

 7.  Approve and authorize Chairman to execute the Seminole County/The Kathleen Anderson Comprehensive Work Center, Inc., (a/k/a Seminole Work Opportunity Program or SWOP) CDBG Subrecipient Agreement, as shown on page ________, for Program Year 2006-2007 in the amount of $100,000.00 to construct a new work training facility for persons with disabilities at SWOP’s location in Casselberry.

 8.  Approve and authorize Chairman to execute the Seminole County/Seminole County Housing Authority SHIP Program Subrecipient Agreement, as shown on page ________, in the amount of $40,000.00 to replace undersized air conditioning/heating ducts in the thirty-unit (30) public housing campus in Oviedo.

 9.  Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page ________, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  Shana T. Bush; Jorge Luis Caruncho & Virgen M. Matos; Robin L. Davison; Donna Lynn Gilbert (a.k.a. Donna Terry); Milica Marinkovic; John W. & Myra J. Rumbley; Lura Lee Thomas; Damon L. & Frances L. Willow; and Terry Howard. 


Economic Development

10.  Adopt appropriate Resolution #2007-R-24, as shown on page _______, approving the issuance of Industrial Development Revenue Bonds for the Maronda Homes, Inc. project in an amount not to exceed $10,000,000 for the property located at 4005 Maronda Way, Sanford, Florida. 


Environmental Services

Business Office

11.  Approve release of the following original Water and Sewer Maintenance Bonds:  Maintenance Bond #1015467 in the amount of $26,751.00 for water and sewer for the Lake Forest Sect. 9A & 9B; Maintenance Bond #5011780 in the amount for $7,814.20 for the Lake Forest Sect. 14 project; and Maintenance Bond #5011751 in the amount of $19,369.02 for the Lake Forest Sect. 14 project. 


Fiscal Services


12.  Budget Amendment Resolution #2007-R-25, as shown on page ________, (#07-36) $99,663 - Library and Leisure Service – Boating Improvement Fund - To appropriate carryforward for the City of Sanford grant project and to assign a project number to the existing Boating Improvement Grant that was inadvertently excluded from the original carryforward process, for the City of Casselberry.

13.  Budget Amendment Resolution #2007-R-26, as shown on page ________, (#07-37) $75,613 - Information Technologies - Article V Technology Fee Fund - To appropriate additional funding for the Microsoft Enterprise Licensing Agreement.  Insufficient funds were provided in the adopted budget for Microsoft Licenses for the Article V Technology Fee Fund.  The total annual Countywide costs of the Microsoft Licenses are approximately $608,000.

14.  BCR #07-08 - $58,724 – Community Services – Shelter Plus Care Grant Fund - To appropriate funding for reimbursable administrative expenses of Homeless Services Network in connection with the Shelter Plus Care Grant per the amended subrecipient agreement that was submitted to and approved by the BCC 1/9/2007.


15.  Approve and authorize Chairman to execute the Memorandum of Understanding, as shown on page ________, between the Florida Department of Community Affairs and Seminole County for ownership of an EMS Mass Casualty Incident Management Tow Vehicle (2005 Chevrolet – 2WD Regular Cab) that is part of a Statewide initiative by the Department of Community Affairs/Division of Emergency Management to provide Mass Casualty Incident mitigation equipment throughout the State of Florida.

16.  Approve and authorize Chairman to execute a Letter, as shown on page ________, to the Institute of Museum and Library Services requesting an extension of the Museum Assessment Program.


17.  Approve ranking list, authorize negotiations and award PS-1501-06/JVP-Master Agreement, as shown on page ________, for Surveying & Mapping Services for Seminole County to: Bowyer Singleton & Associates; Mactec Engineering & Consulting and Southeastern Surveying & Mapping Corporation (Estimated at $400,000.00 per year).

18.  Approve Work Order #51, as shown on page _________, under PS-5150-03/AJP – General Environmental Services with E Sciences, Inc., Orlando to provide for water quality sampling for the Markham ASR Well.  Project to be completed by December 31, 2008 ($181,180.00).


Planning & Development

Community Resources

19.  Approve and authorize Chairman to execute a Notice of Limitation of Use/Site Dedication, as shown on page _________, for the Florida Recreation Development Assistance Program Grant (FRDAP) for the dedication of the Black Hammock Wilderness Area to the public in perpetuity as an outdoor recreation area for the use and benefit of the general public. 

Development Review

20.  Adopt appropriate Resolution #2007-R-27, as shown on page _________, vacating and abandoning a portion of a platted utility easement on Lot Four, Mirror Lake Commercial Site A Replat, to accommodate a new fire station. 


Public Safety

EMS Performance Management

21.  Adopt appropriate Resolution #2007-R-28, as shown on page _________, and authorize Chairman to execute the Emergency Medical Services County Grant Application, as shown on page ________, Department of Health, Bureau of Emergency Medical Services.  Anticipated funds for FY06/07 are $294,962 and are applied to EMS continuing education and system quality improvement countywide. 


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



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

22.  Adopt Second Supplemental and Sixth Amended Resolution of Necessity #2007-R-29, as shown on page _________, relating to the Lake Emma Road improvement project.  The project extends from Longwood Hills Road to Sand Pond Road.

23.  Approve Purchase Agreement, as shown on page _________, relating to Parcel No. 115, Dabanian property, of the County Road 15 (Monroe Road) improvement project, located at 420 Monroe Road, Sanford, Florida, for $46,000.00, with no fees or expenses incurred by the property owner.

24.  Approve Purchase Agreement, as shown on page _________, relating to Parcel No. 116, Ostrander property, of the County Road 15 (Monroe Road) improvement project, located at 450 Monroe Road, Sanford, Florida, for $51,200.00, with no fees or expenses incurred by the property owner.


25.  Approval of a proposed negotiated settlement relating to Parcel No. 104A, Danbury Mill Homeowners Association, Inc. property, on the Lake Emma Road improvement project.  The proposed negotiated settlement is at the sum of $58,000.00 inclusive of all land value, improvements, cost to cure, severance damage, statutory interest, total attorney’s fees, expert fees and cost reimbursements. 

26.  Authorize the issuance of an Offer of Judgment for Parcel No. 106, Levine property, Eden Park Avenue improvement project, in an amount determined reasonable by the County Attorney’s Office, not to exceed $21,000.00. 

27.  Authorize the issuance of an Offer of Judgment for Parcel No. 112, Creamer property, Eden Park improvement project, in an amount determined reasonable by the County Attorney’s Office, not to exceed $12,000.00. 

28.  Authorize the issuance of an Offer of Judgment for Parcel No. 116, Thornburg property, Bunnell Road improvement project, in an amount determined reasonable by the County Attorney’s Office, not to exceed $18,000.00. 

29.  Authorize the issuance of an Offer of Judgment for Parcel No. 124C, Richards property, Bunnell Road improvement project, in an amount determined reasonable by the County Attorney’s Office, not to exceed $12,000.00. 

30.  Authorize the issuance of an Offer of Judgment for Parcel No. 143, Mosley property, Bunnell Road improvement, in an amount determined reasonable by the County Attorney’s Office, not to exceed $20,000.00. 

31.  Authorize the issuance of an Offer of Judgment for Parcel No. 144, Yates property, Bunnell Road improvement project, in an amount determined reasonable by the County Attorney’s Office, not to exceed $20,000.00. 


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




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


32.  Expenditure Approval Lists, as shown on page ________, dated January 8, 16, and 22, 2007; and Payroll Approval List, as shown on page ________, dated January 11, 2007.


     33.  Approval of BCC Minutes dated January 9, 2007.


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


1.         Head Tennis Pro Agreement, as shown on page ________, with Timothy Lynch.


2.         Certified Tennis Pro Agreements, as shown on page _________, with Michael Custer and Thomas Tyler.


3.         RFP-600104-06 Consultant Services Agreement, as shown on page _________, with Allied Group Insurance Services.


4.         Legal Services Consultant Agreement/Code Enforcement, as shown on page _________, with De Beaubien, Knight, Simmons, Mantzaris & Neal, LLP.


5.         Amendment #1, as shown on page ________, to Work Order #59 to PS-5130-02.


6.         Work Order #21, as shown on page ________, to PS-5174-04.


7.         Amendment #1, as shown on page _________, to Work Order #3 to PS-573-00.


8.         Proofs of publication, as shown on page __________, for Notice of 2006 Tax Impact of Value Adjustment Board.


9.         Notice of 2006 Tax Impact of Value Adjustment Board, as shown on page _________.


10.         Certificate of Completion, as shown on page _________, for Work Order #22 to CC-1262-05.


11.         Work Order #5, as shown on page _________, to M-401-03.


12.         Certified Tennis Pro Agreements, as shown on page _________, with Jon Erik Turnquist and Mick Andrews.


13.         Work Order #56, as shown on page _________, to CC-1212-03.


14.         Work Order #54, as shown on page ________, to CC-1212-03.


15.         Annual Budget Book for Fiscal Year 2006/2007.


16.         Work Order #56, as shown on page ________, to PS-5129-02.


17.         Work Order #22, as shown on page _________, to PS-5174-04.


18.         Work Order #38, as shown on page _________, to RFP-4214-04.


19.         First Amendment, as shown on page _________, to IFB-3123-05.


20.         Maintenance Bond, as shown on page _________, for water and sewer facilities for the project known as Island Club in the amount of $15,942.70.


21.         Maintenance Bond, as shown on page _________, for water and sewer facilities and Ryder for the project known as Walden Chase in the amount of $37,911.50.


22.         Maintenance Bond, as shown on page _________, for water and sewer facilities and Ryder for the project known as Lakeview at Heathrow in the amount of $63,508.


23.         Work Order #66, as shown on page _________, to PS-5165-04.


24.         Certificate of Completion, as shown on page _________, for CC-1143-06.


25.         Certified Tennis Pro Agreement, as shown on page _________, for Chelsea Maratta and Head Tennis Pro Agreement, as shown on page _______, for Alice Reen.


26.         Non-Certified Tennis Pro Agreement, as shown on page ________, for Morgan Mitchel.


27.         Satisfaction of Connection Fees, as shown on page _________, for the projects known as Aloma Jancy Animal Hospital, Sunshadow Professional Plaza, and Vantage Pointe.


28.         Amendment, as shown on page _________, to Conditional Utility Agreement for water service for the project known as Copper Chase.


29.         Bill of Sale, as shown on page _________, accepting water and sewer system within the project known as Clifton Park.


30.         Work Order #14, as shown on page ________, to PS-5190-05.


31.         RFP-600094-06 Term Contract, as shown on page _________, for Roadway Landscape and Mowing Maintenance, Nanak’s Landscaping Grounds Maintenance, Inc.


32.         Work Order #1, as shown on page _________, to CC-1075-06.


33.         Memorandum to Ann Colby, Assistant County Attorney, from David Shields, Assistant County Attorney, re:  Direct Pay Request for Case #99-CA-2431-13-K, Parcel #123.


34.         Certificate of Completion, as shown on page ________, for Work Order #30 to CC-1262-05.


35.         Recorded Resolution #2005-R-193, as shown on page ________, vacating and abandoning right-of-way for William H. & Bonnie Compton.


36.         Drainage Easement, as shown on page _________, for John and Ruth Farina.


37.         Sidewalk Easement Subject to Defeasance, as shown on page _________, for Orlando & Isabelle Hicks.


38.         First Amendment, as shown on page _________, to IFB-3129-05.


39.         Work Order #13, as shown on page _________, to PS-5190-05.


40.         Work Order #1, as shown on page _________, to PS-1167-06.


41.         Fifth Amendment, as shown on page ________, to RFP-4140-01.


42.         Work Order #53, as shown on page _________, to CC-1262-05.


43.         Certificate of Completion, as shown on page __________, for Work Order #44 to CC-1262-05.


44.         Work Order #9, as shown on page _________, to PS-0381-06.


45.         Work Order #26, as shown on page __________, to CC-1267-05.


46.         Memorandum from Judith Hearn, Public Risk Management of Florida, submitting an Affidavit and Intergovernmental Cooperative Agreement for the City of Lake Mary, City of Longwood, and City of Oviedo, as shown on page _______, for the purpose of providing insurance through Public Risk Management of Florida.


47.         Amendment #1, as shown on page ________, to Work Order #5 to PS-5131-02.


48.         Work Order #2, as shown on page _________, to PS-0722-06.


49.         Work Order #6, as shown on page ________, to PS-567-00.


50.         Letter to Records Custodian of Seminole County from Board and Cassel, Attorneys at Law, re:  Public Records Request pursuant to Florida Statutes 119.07.


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


52.         Non-certified Tennis Pro Agreement, as shown on page _________, with Christian Douglas.


53.         DB-0577-06 Contract, as shown on page _________, American Bridge Company, as approved by the Board on November 7, 2006.


54.         M-1720-06 Agreement, as shown on page _________, TLC Diversified, Inc.


55.         Change Order #1, as shown on page ________, to CC-0588-06.


56.         Maintenance Bond, as shown on page _________, for water and sewer facilities for the project known as Clifton Park in the amount of $87,783.96.


57.         Work Order #18, as shown on page _________, to CC-1198-02.


58.         Work Order #50, as shown on page _________, to PS-5150-03.


59.         Work Order #62, as shown on page _________, to PS-5130-02.


60.         Work Order #3, as shown on page _________, to PS-5111-01.


61.         Work Order #11, as shown on page ________, to PS-5175-04.


62.         M-1700-06 Contract, as shown on page __________, Pinel & Carpenter, Inc.


63.         M-1699-06 Contract, as shown on page __________, DeRango, Best & Associates.


64.         Non-Certified Tennis Pro Agreements, as shown on page _________, with Michael Koslik and Robyn Suto.


65.         Exhibit A, as shown on page _________, to Ordinance 2005-53 as adopted by the Board on December 20, 2005.


66.         Work Order #10, as shown on page __________, to PS-0381-06.


67.         Amendment #1, as shown on page _________, to Work Order #52 to PS-5129-02.



35.  Approval by the Board to adopt Budget Amendment Resolution #2007-R-30, as shown on page _________, increasing the Sheriff’s Office FY 2006/07 budget by $28,748 for unclaimed evidence funds.

36.  Approval by the Board to contribute $16,000 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 to Seminole County Community College on behalf of one selected student.


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


     Ms. Coto advised that Commissioner McLean received a phone call from Spring Thunder representatives indicating that they are unable to be in attendance this morning for Item #40, Spring Thunder on Lake Monroe Special Event Permit. 

     Commissioner McLean stated he received a phone call last night from Spring Thunder representatives indicating that they are attending a meeting at Disney this morning and they have asked that this item be continued to this afternoon.

     Commissioner Carey recommended moving Item #40 to this afternoon, after the public hearings and before the Legislative Update.  The Board voiced no objections.


     Jeff Hopper, Planning, addressed the Board to request approval of the Final Site Plan, Developer’s Commitment Agreement, and Minor Amendment to the PCD Development Order for the C.A. Stone PCD, consisting of 6.81+/- acres located on the southeast corner of Red Bug Lake Road and Mikler Road, Javier Omana/CPH Engineering Co.  He stated the Board approved a rezone to PCD in November 2001 and that rezone did not include a detailed site plan but addressed offices, banks, and sit-down restaurants as the primary uses of the site.  Consistent with that approval, the proposed Final Site Plan shows a 5,000 sq. ft. building for a bank or office use and three additional buildings, totaling 22,500 sq. ft., for use as restaurants.  In preparing the site plan, the applicant raised two issues relating to the original approved development order.  The first issue refers to restaurants being limited on the eastern half of the property.  The applicant has requested that this use be expanded to the east three-quarters of the site.  With documented support from the homeowners in the area, the Planning & Development Director amended the original approval to permit restaurants on the east 750 ft. or approximately three-quarters of the subject property.  The second issue raised by the applicant involves a prohibition on outdoor seating imposed by the original development order.  Staff is recommending that outdoor seating be permitted on the north, east and west sides of the restaurant buildings, but not on the south as such seating would face potential neighborhood property.  This recommendation is based on the condition that there will be no outdoor sound amplification and no bar facilities serving alcohol would be located outdoors.  These issues would be formalized in the amended development order.  This site plan uses a new method for calculating landscape buffer requirements based on the Land Development Code update.  The new code includes a method for calculating alternative buffering requirements allowing the developer to vary the amount of landscape plantings, types of fencing and buffer yard widths.  This flexibility would give them more freedom to design a site plan in ways to meet the applicant’s needs while protecting the neighboring property owners of adverse impacts.  The applicant chose to use the normal code requirements on the north, east and west.  The applicant chose one of four alternatives that staff developed on the south.  The applicant chose alternative one regarding four canopy trees, eight understory trees and 19 shrubs per 100 linear feet along the site boundary.  The buffer would be 25 ft. in width.  A 3 ft. continuous hedge would also be required. 

     District Commissioner Dallari complimented the applicant for a good job on the parking requirements and for improving the landscaping quite a bit.  He said the applicant has agreed to put three restaurants and a bank, and he feels it is very much needed in the Oviedo area.  He stated he would like to see if there are any objections from the applicant to adding the following conditions.  Item D of the development order talks about the setback from the road and he would like to see no less than 89 ft. so that the buildings are not hindering the line of sight.  Item E talks about no bar facilities on the outdoor dining area and he would like to see putting a bar just on the interior of the restaurant and no pass-through window.  Since the property fall off, he would like to move the landscaping hedge.  He recommended the following words be added to Item A (Landscape & Buffer Criteria) to “buffers adjacent to Red Bug Road shall be a minimum of 10 ft. wide, with a 3 ft. continuous hedge along the property line”.  Additional landscaping shall be consistent of 4 canopy trees per 100 linear ft.  He referred to page 3 of the development order (development commitments) and stated Section C would indicate that there will be no pass-through window.  Item D to include “building shall be constructed with the finish floor not to exceed 45 ft.”  He added the outdoor seating would not be seen from the roadway unless the buildings are elevated.

     The applicant addressed the Board to indicate that he has no problem with those conditions.

     Upon inquiry by Commissioner Carey, Commissioner Dallari clarified the restriction for the pass-through window would be for alcohol only.

     Mr. Hopper referred to paragraph 7A of the development commitments and stated the existing code requires a hedge next to the parking and all they are doing is moving but not adding to that requirement.  Commissioner Dallari agreed.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to approve the Final Site Plan, authorize Chairman to execute Developer’s Commitment Agreement, as shown on page ________, and approve Minor Amendment to the PCD Development Order, as shown on page _________, for the C.A. Stone PCD, consisting of 6.81+/- acres located on the southeast corner of Red Bug Lake Road and Mikler Road, Javier Omana/CPH Engineering Co., based on staff findings and the changes made today.

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


     Meloney Lung, Administrative Services, addressed the Board to state staff is seeking direction on the Public Safety Memorial for Law Enforcement, Firefighters, and Veterans.  She stated staff began working on developing plans for the Eugene Gregory Law Enforcement Memorial Park in July 2000.  During the last six years, there have been many changes and staff is seeking direction.  Staff received two responses from a Request for Information, one from Glatting Jackson and another from American Bronze Foundry.  Staff is trying to get a handle on a possible location of the memorial and funding.

     Commissioner Van Der Weide stated he is on the Board of Directors of the Sunshine Network (A.U.S.A.) and they deal with the Army Reserves and the National Guard.  He stated he has been in contact with Earl Denton relative to seeing if there is some way that organization could assist the County relative to ideas and funding.  He stated he hopes that Mr. Denton has some ideas of how they could incorporate some of their funding sources.  He said he would like to meet with him and staff to get some input on the location and funding.

     Chairman Henley stated he would support what Commissioner Van Der Weide is trying to do.

     Commissioner Carey stated she had an opportunity to review the plans with the Sheriff and she would like staff to work with the Geneva community relative to a monument for Officer Eugene Gregory.  She added she spoke to Commissioner Holt, city of Longwood, relative to their monument honoring fallen officers and firemen.  The cities of Winter Springs and Sanford have done monuments as well.

     Chairman Henley stated the City of Longwood did an outstanding job and their program was very impressive. 

     Commissioner Dallari asked if anyone contacted the city of Sanford relative to expanding their memorial park and have that as a county/city memorial. 

     Ms. Coto advised the city of Sanford memorial recognizes those who were in the armed forces. 

     Chairman Henley stated the Board’s direction is to expedite the monument for Officer Eugene Gregory and Commissioner Van Der Weide will meet with staff and the Sunshine Network representatives and come back with a recommendation for action.


     Austin Watkins, Planning, addressed the Board to request approval of the architectural renderings/elevations for the Line Drive/Sutherland Management rezone consisting of 1.38+/- acres located on the east side of Line Drive, 500 feet south of Sand Lake Road, Sonny Sutherland.  He stated at the 2004 BCC meeting, the applicant was required to make architectural enhancements to include removal of roll-up doors and installation of windows on the east and west sides of the north building.  This condition required the applicant to obtain approval prior to occupancy of the building.  Staff finds that the elevations comply with condition I of the development order by detailing the removal of roll-up doors and installation of windows on the east and west side of the north building.  Staff recommends approval of the architectural renderings.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the architectural renderings/elevations for the Line Drive/Sutherland Management rezone consisting of 1.38+/- acres located on the east side of Line Drive, 500 feet south of Sand Lake Road, Sonny Sutherland. 

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

     Commissioner Carey stated if the Board places an item in the development order that needs to be done, staff needs to make sure those conditions are met and that doesn’t mean it has to be brought back to the BCC for approval at a meeting. 


     Meloney Lung presented request to approve Modification and Amendment of Declaration of Easement for Florida Gas Transmission Company, LLC.  She stated Florida Gas has offered $13,275 to the County as appropriate compensation for the temporary work space easement.

     Discussion ensued between Jerry McCollum, County Engineer, and the Board relative to how much of the easement will be impacted.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to approve and authorize Chairman to execute Modification and Amendment of Declaration of Easement, as shown on page _________, for Florida Gas Transmission Company, LLC, to relocate an existing pipeline from its current location in the SR 46 right-of-way to a location adjacent to the original pipeline within Florida Gas Transmission easement area, with the County to receive $13,275, to be placed in the tree fund.

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


     Ms. Coto briefed the Board on what transpired yesterday at the workshop with the city of Sanford.  She stated the City has recommended some amendments to the joint planning agreement as it relates to study areas and Celery Avenue.  She said staff will be meeting with the City to see if they can resolve those issues and they will bring it back for direction from the Board once those have been resolved.


     The Chairman recessed the meeting at 11:45 a.m., reconvening at 1:32 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.



     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings.

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


     Proof of publication, as shown on page _______, calling for a public hearing to consider request to adopt an ordinance to rezone 13+/- acres from M-1A (Very Light Industrial) to PCD (Planned Commercial Development), located on the north side of Hickman Circle, approximately 1.0 mile north of the intersection of Hickman Drive and SR 46, David Ray, received and filed.

     Ian Sikonia, Senior Planner, addressed the Board to present the request, stating staff is recommending approval of the rezone request, Preliminary Site Plan and Development Order, based on staff findings, and has structured the Development Order so the applicant can apply for variances up to a height of 37’5” for the proposed signs for the dealership.  He said the P&Z Commission voted 7 to 0 to recommend approval of the request to rezone and they recommended adding an additional condition prohibiting the use of outdoor speaker sound amplification systems on site.

     Mr. Sikonia advised Commissioner Carey that the P&Z recommendation prohibiting the outdoor amplification systems is not a part of the Development Order.

     Casidys Suvongse, SK Consortium, Inc., representing Bill Ray Nissan, addressed the Board to thank the staff and everyone who worked with them on this project.  He said they have no objections to the staff recommendations and can comply with every one of them with one exception.  They would like to have the outdoor P.A. system, and he asked the Board to consider that.

     Commissioner Carey stated she just clarified with staff that the applicant will be allowed to have the outdoor P.A. system if this request is approved as presented. 

     No one else spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the request and adopt Ordinance #2007-10, as shown on page _______, rezoning 13+/- acres from M-1A (Very Light Industrial) to PCD (Planned Commercial Development), located on the north side of Hickman Circle, approximately 1.0 mile north of the intersection of Hickman Drive and SR 46; approve the Preliminary Site Plan and Development Order, as shown on page _______, based on staff findings; as described in the proof of publication, David Ray.

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


     Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal of the Board of Adjustment’s decision to deny a width at the building line variance from 90 feet to 73.75 feet in the R-1AA (Single Family Dwelling District), property in the Loch Arbor Fairlane plat, William Hasson, received and filed.

     Kathy Fall, Principal Planner, addressed the Board to present the request.  She advised the Fairlane plat is an antiquated plat and considered to be non-conforming or deficient in the zoning classification’s minimum requirements. 

     William Hasson, appellant, addressed the Board to state he thought the presentation given by Ms. Fall at his first hearing was sufficient to grant him the variance he needed.  He was satisfied that the matter was tabled and went to another hearing a month later.  The only reason he is appealing is based on the second hearing.  He said the second hearing was sort of a farce.  He can understand people opposing the variance, because he has signed petitions in the neighborhood for things.  He said he seriously doesn’t think that putting a house on the subject vacant lot will take away from the integrity of the neighborhood.  When he looks around the neighborhood, he sees buildings that, in is opinion, are way out of character.  He summarized what happened at the second Board of Adjustment hearing.  He said he felt he was being railroaded.  He stated his arguments are the same as they were originally.  He still feels if he puts a single-family dwelling on the lot, it is not going to take away from the character of the neighborhood.  He stated two of the people opposing the last time have come to him and told him they never saw the sign in his yard because they don’t live in his neighborhood, but were at the meeting because they received a notice in their mailbox asking them to come oppose the request.  He said he can agree with that.  He said if just the people in his section of the neighborhood oppose this, that’s fine; but don’t drag everybody around the neighborhood, who’s not even going to see the house, to say they oppose it.  He said he asked people to come and speak on his behalf and they stated they have to live in the neighborhood in order to speak on his behalf.  He talked to a couple of former county commissioners and asked what did they think his chances are in going to the appeal board and one of them said the Board would not pass it because it’s all politics.  Mr. Hasson said he did not want to go along with that.  He asked why politics would come into play if he is just asking for a variance.  He explained he hired an attorney because he didn’t know what else to do to fight this on his level.  He said he asked two attorneys in town if they would handle this case for him and their reason for not handling the case was that they knew people on the Board.  Mr. Hasson said that’s another thing he doesn’t understand.  He asked why it should matter just because you know someone on the Board. 

     Chairman Henley said he can’t address why an attorney would tell him what he did.  He thinks all the Commissioners know all the attorneys in Seminole and Orange Counties, and that hasn’t stopped them from appearing before the Board.  Sometimes they succeed and a lot of times they don’t. 

     Ms. Fall advised Chairman Henley that Melanie Chase is an alternate member of the Board of Adjustment and attended the meeting because a regular Board member could not attend. 

     Chairman Henley advised Mr. Hasson that the information provided to the BCC comes from both of the Board of Adjustment meetings.  He explained it is not unusual for the BOA, when it hears an item, to not have public input at the second meeting since they have all the data.  Whether a member was present at the first meeting or not, he is provided with all the data from the meeting.  He said it could be Ms. Chase felt she needed to indicate she was not present at the first meeting, but he believes, that under the law unless there is a bona fide conflict, a member is required to vote. 

     County Attorney Robert McMillan addressed the Board to state Chairman Henley was correct.  He added that this hearing before the BCC is a new hearing and it doesn’t matter what happened before or who didn’t do what they were supposed to or who did or did not vote.  The issue before the BCC now is as it is a clean slate.  It is on the merits of this hearing and not on whether the lower board made a mistake.

     Upon inquiry by Chairman Henley, Ms. Fall stated the staff provided all the minutes from the BOA hearings to the BCC. 

     To address the allegations in the letter from Mr. Hasson, Chairman Henley asked Mr. McMillan to explain the basis for a commissioner to abstain from voting.  Chairman Henley also explained that the County Commission Aides are hired and fired by the County Manager and not the BCC. 

     Commissioner McLean asked Mr. Hasson why the Board is talking about this situation after he has left the neighborhood; and was there any consideration to making this type of discussion at any time during the 23 years he lived in the neighborhood. 

     Mr. Hasson advised his lot was put up for sale and he asked for the variance based on a monetary situation.  He said he wanted to get the most out of his property that he possibly could.  He said he sold his house and had a buyer for the vacant lot.  His house was going to sell based on the contingency whether he got a variance or not on the property.  Both parties have backed out because of what is going on now with the property.  He said he won’t have a problem selling his house, but if he can’t sell the lot as a buildable lot, then it becomes just a useless piece of property and to reap any benefit at all, it would just be as an enlarged lot.  He will probably get only half as much if he had sold the lot as a buildable lot.  He stated he is retired on a fixed income and he was going to put the money aside to add to his retirement benefit package. 

     Mr. Hasson affirmed with Chairman Henley that when he attempted to sell his house, he knew the remaining lot was a non-conforming lot, but he also knew it was a separate lot.  He said he had the two lots combined for tax purposes several years ago and was told that at any time he wanted to switch them back, there would not be a problem. 

     Chairman Henley stated this is not a unique situation the BCC has dealt with.  He said he has a letter now from a couple who bought a non-conforming lot, without their knowledge, and is now stuck with it.  He said all over the County, there are non-conforming lots and the BCC has consistently reviewed each one individually and has come to the conclusion that it does not conform with the present policy to justify allowing anyone to go ahead and build on non-conforming lots, particularly for the purpose of making more income.  He said it is not the responsibility of the Board to see that a homeowner makes lot of money on his property.  He said that is not one of the criteria for a variance.  He said the policy states that if a landowner owns both lots and has the ability to combine them and eliminate the non-conforming lot, he is required and expected to do that.

     Mr. Hasson said if he had gotten the explanation Chairman Henley gave, he might not be before the BCC now.

     Chairman Henley advised of a Written Comment Form (received and filed) from James Collins in opposition.

     Bob White, 300 Lake Boulevard, President and representing the Loch Arbor Homeowners Association, addressed the Board to state he has Petitions, as shown on page _______, signed by 117 people in the area who are opposing this variance.  He stated there are between 260 and 280 homes in what is considered Loch Arbor and it has been platted in a number of different sections.  In the section of Forrest, Homewood and Lake, there are 32 lots with 17 houses, so they have not been putting one house on a lot.  He said much of Lake Boulevard has much bigger lots.  Chase Groves PUD, approved by the BCC in 1987, has 90 foot lots that are in the 100 block area of Lake Boulevard.  He said on Lake Boulevard they measured and there is an average of 87 feet between houses.  He said if the variance was approved and a house is built, it would end up bringing down this average to 16 feet.  He said also in this area, everyone is on a septic tank and drain field and have to have a minimum of 75 feet from the septic tank and drain field from any wells.  He said there is a well on the existing property that is eight feet from the line on the property at 414 and is six feet from the line both on the back half.  That would be positioning where they might have to put a septic tank and drain field, if something were built there.  There is also an issue about drainage, and others will address that.  Further, he said they have been trying to keep the traffic down on Lake Boulevard, and if they have more houses, that will lead to more.   At the other end of Lake Boulevard, the County has approved on the property at Casa Verde, Lake Boulevard and 46A where there will be no entrance and exit onto Lake Boulevard to try to keep the traffic down.  He said these are some of the reasons why they oppose.  This would alter the character and the density of the neighborhood.  He said the Board needs to look at the whole area which is 260 to 280 homes. 

     Upon inquiry by Chairman Henley and Commissioner Carey, Mr. White affirmed that along Lake Boulevard, there are 34 homes and only two lots other than Mr. Hasson’s that are less than 90 feet in this community of the Fairlane plat.  The other lots are from 90 feet to 332 feet.  Also, most of the homes on Lake Boulevard are built using two, three and four lots.

     Philip Lee, 411 Lake Boulevard, addressed the Board to state he lives across the street from the subject property and there is no hardship reason that this property cannot be sold as one parcel.  He said, in fact, it should be sold as one parcel because of the hardship to the natural environment, as well as to the character of the neighborhood and to adjacent homeowners.  He showed a picture (received and filed) of the property abutting Lot 17 showing flooding conditions.  He said the flooding has occurred several times during heavy rains.  Stormwater flowing south from higher in the neighborhood is collected on the northern side of Lake Boulevard, covering property and septic systems on either side of the Homewood intersection.  The polluted stormwater flows into Lakes Amery and DeForest across the street.  He said Loch Arbor is overdue for a stormwater retrofit with the homes and septic system that are there now.  He said Lake Amery got in such bad shape that the County is currently cleaning it up.  He stated that the County is facing a federal deadline to reduce the pollutant load into Lake DeForest.  Stormwater along Lake Boulevard, including the subject property, outfalls into the Crystal Lake chain at the conveyance between Lakes Amery and DeForest.  If this parcel split were granted, it would seem reasonable to grant others the same kind of variance.  He said R-1 lots with intended impervious surfaces and at-risk septic systems would not only erode the character of R-1AA zoned Lake Boulevard, but would also exacerbate the present problem if not enough percolation surfaces to handle heavy rain events along this problem area on the north side of the street.  He requested the Board to uphold the current R-1AA zoning guidelines for Lake Boulevard and deny the request to split the parcels.

     Robert Harrell, 108 Orange Drive, addressed the Board to state he bought the property at 414 Lake Boulevard a couple of years ago and their house is currently nine feet from the property line.  He said if the Board approves this variance, they will have a house immediately next to their garage which takes away from its integrity, and he feels their property values will suffer because of that.  (A letter from Mr. Harrell to the Board dated Feb. 12, 2007, was received and filed into the Record.)

     Beverly Mason, 309 E. Crystal Drive, addressed the Board to state she will discuss the historical significance of Loch Arbor and Lake Boulevard.  She showed pictures (received and filed) of the neighborhood on Lake Boulevard, stating they have some historical homes.  They have other families in this area whose children grew up in Loch Arbor and now whose grandchildren are living there.  She said the Schirard home is very significant to her.  Today, his granddaughter lives in the home and has been raising her family there.  She said looking at the plat of Fairlane, this plat existed when R-1AA zoning was put into place.  It could have had R-1A zoning, but it didn’t.  It seems the intent was that the homes be built on larger lots.  She asked the Board to deny the variance and preserve the character of the existing Loch Arbor area.  (A letter from Ms. Mason dated Feb. 8, 2007, was received and filed into the Record.)

     Mr. Hasson stated the flooding Mr. Harrell showed in the picture has been going on since he lived there and is not something new.  However, Lot 17 has never flooded like that.  He said he has no argument if the Chairman feels he would be going against the integrity of the neighborhood based on one particular area, because he would probably be right.  But when he looks across the street and sees a big, giant house that was built in the 1970’s, to him that would be out of character for the neighborhood.  Mr. Hasson stated Mr. Bushrui said at the BOA hearing that if it had not been for just needing 17 feet, they would not be there.  Mr. Hasson said that is true and he doesn’t feel 17 feet is such a large area to ask for, but he will go along with the BCC’s recommendation.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     District Commissioner Carey stated she is very familiar with Loch Arbor.  She said when you look at Loch Arbor, the section to the north of Lake Boulevard, the early platted lots, they are much smaller and the homes are much smaller.  As time went on, the development continued to grow to the south of Lake Boulevard, and the demand was for larger lots and larger homes.  At that time is when the history of the neighborhood changed and the lots were platted larger.  In 1987 when Chase Groves came through, the BCC at that time felt they needed to maintain the character of Loch Arbor and they required the lots in Chase Groves that fronted on Lake Boulevard to be 90 foot lots, R-1AA.  The Board has protected this community for many years.  Because she thinks this request would set a precedent that would allow many of the neighbors who have this same situation to come and ask for a variance, that would drastically change this community if that happened.  She said it is the comprehensive land plan that the Board will not approve these types of substandard lots and they need to get that into the Land Development Code so that there is a way of flagging these.  She stated she has spoken to David Johnson, Property Appraiser, about being able to flag these on the web site so they don’t have situations, like the one Chairman Henley referred to, to deal with.  She stated because she believes in protecting the integrity of this well-established neighborhood, her motion will be to deny the appeal.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to uphold the Board of Adjustment’s decision to deny a width at the building line variance from 90 feet to 73.75 feet in the R-1AA (Single Family Dwelling District) for Lot 17 located in Loch Arbor Fairlane plat; as described in the proof of publication, William Hasson.

     Chairman Henley said he thinks Commissioner Carey stated it well from the standpoint of the history of the BCC in attempting to protect Loch Arbor.  He stated those policies apply throughout the County in similar situations, and to be able to set this type of precedent would open up this question all over the County and the character of Seminole County would definitely change significantly.  He thinks it is important that they take the steps to try to come up with some mechanism so that people don’t get stuck with an unbuildable lot.  He thinks it is important to uphold the BOA.

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


     Austin Watkins, Planner, presented the request by Spring Thunder on Lake Monroe, LLC, for approval of a Special Event permit for a festival and outdoor concert located at 4201 Orange Boulevard on March 30, 31 and April 1, 2007.  He said staff is recommending approval of the request based upon the conditions outlined in Exhibit A of the staff report.

     Mr. Watkins advised Chairman Henley that he clarified with the applicant that the delivery area off Orange Boulevard is to be used only by performers.

     Bill Elliott, representing Jerry Zebrowski, property owner, addressed the Board to state Items #3 and #10 of the staff conditions (Exhibit A) mentions installing a screened (slat or mesh) 6’ fence and that presents no problem to them.  However, he said it is difficult to find 6’ fencing in the mesh style.  They have found 4’and 5’ fencing and he doesn’t think that would be an issue, but when dealing with motorcycles, they don’t want to put chain link fence along these areas.  He explained if a bike hits that, there could be liability for the paint work and things along that line.  He said they intend to use mesh fencing that is a day glow orange, which will be very visible and safe.  He said Item #10 mentions the retention pond and they intend to circle that area with the same type of fencing.  He referred to Item #11 and said it relates to the fencing, and the same particular fencing would be used there also.  Other than that, they are prepared to comply with all the recommendations the County has made. 

     Upon inquiry by Commissioner McLean, Mr. Elliott said if they can find the 6’ fencing, they will be happy to comply with that.  He said it’s not a pricing issue, but being able to find the product.  He stated they will make their best effort to do so.  He further said another issue with the 6’ fencing is visibility of the motorcycles. 

     Commissioner Carey said it shouldn’t be a problem for the bikers to see their bikes.  Where there is bike parking, she believes there will be security provided.

     Dori DeBord, Planning & Development Director, addressed the Board to state the reason for the fencing is to make sure they keep intrusion out of the wetlands and retention area.  She doesn’t believe staff has a problem with the 5’ fence if that would be available, but she would ask if Mr. Elliott, or his representative, would let staff know because they will be inspecting the site a week before the event to make sure the fencing is appropriately installed.

     Commissioner Carey, therefore, suggested the fencing be a minimum of 5’ and that should take care of this matter, with Mr. Elliott’s knowledge that the Board would like to see 6’ fencing if he can find that.

     Chairman Henley said he thinks this event is poorly timed because of all the work and congestion existing in the area now and particularly with the expected crowd of 10,000 to 15,000 people.  He said he is going to have difficulty supporting this item, because he doesn’t think it’s in the best interest of the health and welfare of the citizens under these conditions. 

     Mr. Elliott said he does not disagree with the assessment of the circumstances, particularly on a Friday afternoon at 4 o’clock.  He said he has also seen the insanity of the traffic at that point in time.  He said, however, when you try to put together an event in Seminole County, as viable as this County is, there is going to be surprise construction situations on almost any corner on any given day of a given month.  For this particular situation, their expectations are that by the end of March, much of this work will be done and it shouldn’t be as congested.  Also on Saturday and Sunday when the bulk of the people will be there, there is not the congestion that you see on a normal work day.  He said his concerns will be for the Friday afternoon session.  They are expecting around 2,500 people on Friday evening.  They will probably see about 7,000 people on Saturday and a smaller crowd on Sunday.  He said on Sunday, there won’t be the issue of the traffic.

     Chairman Henley said he doesn’t agree with Mr. Elliott about the weekend traffic, and a lot of it is due to the configuration.  He hopes everything is cleared up by the end of March, but he’s not sure of that.

     Commissioner Van Der Weide stated based on the fact there is going to be a concert, there will very likely be a lot of people showing up who are not bikers.  He has much of the concerns of the Chairman.  He said he would not want to vote against the request but he has concern about where this event could be next year, based on the results this time.

     Commissioner Carey said the Sheriff feels that 12 officers should be enough to control the traffic and all the other issues that may arise, so she is comfortable with that.

     Commissioner McLean stated the applicant has made an honest effort to comply with 17 different conditions, so it looks like the County is doing a good job of scrutinizing this event.  Notwithstanding the concerns, he thinks they owe the citizens and bike enthusiasts to give this a shot; and he hopes the event goes well and they will learn some lessons through the process and will talk about it again next year.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve a Special Event Permit for a festival and outdoor concert located at 4201 Orange Boulevard on March 30, 31 and April 1, 2007; Spring Thunder on Lake Monroe, LLC.

     Districts 1, 2, 3 and 5 voted AYE.

     Commissioner Henley voted NAY.


     Chairman Henley recessed the meeting at 2:47 p.m. and reconvened it at 2:58 p.m.


     Lisa Spriggs, Fiscal Services Director, addressed the Board to present the proposed federal funding requests for FY 2008 to be provided to the Federal Congressional Delegation.  She said of the five items, four of them were in the FY 2007 requests:  Pedestrian Overpass; Cross Florida Greenways Trail - Seminole County/Winter Springs; State Road 46 - Regional Evacuation Route (SR 415 to US 1); and Computer Aided Dispatch System.  The Jetta Point project is the additional item. 

     Commissioner Dallari asked how staff came up with the $2.5 million to replace the Computer Aided Dispatch System.  Ms. Spriggs explained this was an estimated figure given by the Public Safety Department.  She said she understands the department is farther into this project this year than last year so they have evaluated different packages.  They want to be able to link the system into the Seminole County Sheriff’s Office CAD.  Whereupon, Commissioner Dallari asked if staff had thought of expanding the Sheriff’s Office system.  Ms. Spriggs said she wasn’t sure if the Public Safety Department staff had done that, but she would check into it. 

     Ms. Coto stated she has had some very recent discussions with Chief Fleming of the Sheriff’s Office related to this issue.  Her understanding is that under the prior Public Safety administration, there were some discussions related to the dispatch and looking at an upgrade to the Sheriff’s system.  She said she cannot provide the Board with the rationale of why this was not pursued further.  She suggested retaining this item in the legislative program and as soon as they have a new Public Safety Director on board, then reevaluate the circumstances to see if there might be a way to collaborate and spend fewer dollars. 

     Commissioner Dallari said he agrees.  In his conversations, the cost would be considerably less than the $2.5 million and the time frame to implement would be much quicker.  He asked if it would be prudent to try to work with the Sheriff now to see if this would be something the County could go after.  Ms. Coto said she doesn’t believe she has the technical ability to tell the Board whether or not the Sheriff’s system is the appropriate direction for the Board to go in.  She thinks they can always amend the request once it is evaluated further, but she would hate to reduce it and then find out the Sheriff’s system is not a feasible alternative.  Whereupon, Commissioner Dallari said he is looking for staff to research with the Sheriff’s Office and bring this back to the Board to see about amending this later. 

     Ms. Coto advised she hopes to have someone selected for the Public Safety Director position no later than the end of this month. 

     Commissioner Dallari said regarding Jetta Point that he was present when County staff met with the city of Oviedo and the City approved the special exception for the zoning.  Now, this is ready to go before the city of Winter Springs. 

     Susan Dietrich, County Attorney’s Office, addressed the Board to give an update on issues at the State level.  She advised the Department of Juvenile Justice is currently holding workshops regarding the reconciliation issue, which determines how much the county has to pay for incarceration costs for juveniles.  She said staff would like to change the current policy so the County is only paying for juveniles who actually reside in Seminole County.  She stated a telephone conference call is scheduled for Friday, Feb. 16, at 1:30 p.m. and that is being coordinated by the Florida Association of Counties (FAC).  Ms. Dietrich further advised that the interviews for the County Charter lobbyist for charter counties were held last week and she should have the name of the lobbyist selected at the next Board meeting.  She also stated the Florida House has scheduled a Property Tax Summit in Tallahassee on Feb. 19 and 20.  Dr. Hank Fishkind will be representing FAC at the summit.

     Ms. Spriggs distributed an additional package of information (copy received and filed) regarding the Governor’s Property Tax Reform proposal.  She reviewed the four areas of the proposal that included:  limit the assessed value increases on non-homesteaded property to the lower of 3% or the consumer price index; double the homestead exemption from $25,000 to $50,000; allow statewide portability of the Save Our Homes benefit accrued; and to exempt from property taxation the first $25,000 in a business’s value of tangible personal property.  She reviewed that the staff’s analysis shows a total impact of $43.4 million.  Discussion ensued with the Board.

     Commissioner Van Der Weide he would like to have an individual briefing in his office at the first chance staff can schedule this.

     Commissioner Carey announced on Feb. 22, there is a joint House/Senate Committee on Property Taxes town hall meeting at Valencia Community College West Campus.  Hopefully, people will turn out and speak with the House and Senate Representatives.

     Ms. Coto stated she and Ms. Spriggs are planning on attending this meeting and she asked if the Board wishes them to make a presentation on behalf of the Board as it relates to the County’s concerns and the implications of the proposal seen today.  Chairman Henley said he would like for staff to do that.  Commissioner McLean said absolutely.  Commissioner Carey said she thinks they have to be vocal or, if not, they will get what they are handed.

     Commissioner Van Der Weide said they have figures that include the School Board and this is already changing and is liable to change 14 times between now and then, but they will still have to express their concerns because, if not, the Committee will do something without the County. 

     Ms. Coto pointed out staff has included a Joint Statement on Property Tax Reform that was put together by FAC, the Florida School Board Association and Florida League of Cities.  She said staff wants to be sure the BCC concurs with this statement or if they have any modifications.  Discussion ensued.

     Commissioner Van Der said he thinks each Board member needs an individual briefing on all the issues.  Commissioner Dallari agreed.

     Commissioner Carey asked Ms. Spriggs if she had Property Appraiser David Johnson to review the memo from Sarasota County to see what the consequences of their proposal would be to Seminole County.  Ms. Spriggs said she had not done so, but can do that. 

     Commissioner Dallari stated Commissioner Carey’s point is that this proposal may be advantageous for Sarasota County but the Board doesn’t know what the effect is for Seminole County.  Commissioner Carey said that’s why she’s asking if staff had done the analysis based on the proposal because Sarasota is asking other counties to adopt their proposal.

     Commissioner McLean said in looking at the proposal, he sees those in Tallahassee saying counties need to adjust what they are doing, but he doesn’t see the State joining the counties.  He said, in his opinion, the joint statement can’t be a one-way street where the choices that need to be made are squarely on the counties, cities and school boards and the State left with their same revenue flow.  He said he doesn’t see that in this joint statement.

     Commissioner Carey said she doesn’t think any of the bills speak to the State having a cap on what they are doing.

     Commissioner McLean said he thinks the Board should ask the State to lead the way in finding ways to do more with less. 

     Commissioner Van Der Weide stated he is not willing to sign off on this statement because it is all at the county and local government’s expense. 

     Ms. Coto suggested that once staff runs the analysis on the Sarasota model, then draft something and meet with each Commissioner individually so when they go to Tallahassee, they will have a Seminole County position that they support as it relates to what they can and cannot live with.

     Commissioner Van Der Weide stated he thinks they have to form an alliance with like-thinking counties or they could get stampeded.  They need to get some opposition and build some networking between like-thinking counties and have the lobbyists to work as a group in Tallahassee.  He said he doesn’t like at all what Sarasota County has done.

     Chairman Henley said what they have is the Legislature again attempting to chip away at home rule and, at the same time, micromanage work at the local government, and they have no idea of the backlog of needs that have come from the citizens of things they would like to see in order to improve the quality of life.  The Legislature is looking at it as if all 67 counties are the same with the same conditions, and that’s not correct.

     Ms. Coto advised Commissioner Carey her understanding is that the Florida School Board Association and the Florida League of Cities have adopted this joint statement.

     Chairman Henley said he thinks the citizens in Seminole County need to understand if they want to maintain the quality of improvement and quality of life, it is going to take money to do it.  The government has been bit by inflationary expenses in every category like in our own homes.  The Board is going to be faced with decisions as to whether to cut services or go along with more money in the pockets of the homeowners; but the quality of life is going to deteriorate because services will have to be cut unless they pass a tax, which the County has a right to do.  He stated the County has the latitude to make the financial shift.  Those are the decisions the Board will be faced with and the public needs to understand that.  He said they can’t take 13% out of the general operating budget and maintain the same level of services they have.

     Commissioner Dallari asked Ms. Coto to update the list of the unfunded mandates the State has passed down and what that projected cost is for the next year.

     Commissioner Van Der Weide said one of the things the Board needs to do is direct the FAC representative to network with like-thinking counties to form some sort of coalition.  He said they are going to have to move fast.

     Commissioner Carey said what’s really scary is at the FAC meetings in October, 2006, they started discussing this and while everybody was represented in the room, there were only three counties statewide (including Seminole County) that had taken some of the proposals and looked at what the impact was.  It was like nobody paid any attention to it and now, all of a sudden, it’s being discussed in Tallahassee and everybody’s behind the eight ball because no one was actually looking at it.

     Chairman Henley said he thinks the Board is in agreement that Ms. Coto needs to attend the meetings and represent the County’s position.  He asked for the Commissioners’ position on the joint statement.

     Commissioner McLean said he would like something that brings the State’s feet to the fire; notwithstanding the Chairman’s statement about the pass-throughs.

     Commissioner Van Der Weide said the Board would be acknowledging “the need for comprehensive reform of Florida’s property tax structure.”  He said that’s pretty broad and the State will be making the decision and the County will sign on to the need for it.  He said it’s only reasonable to “support solutions that improve equity and fairness among classes of taxpayers as well as individual taxpayers,” and they should have been doing that all along if they haven’t been.  He asked who’s going to decide what’s “reasonable limits on the rate of property assessment increases,” and on what level will they “oppose caps on local government expenditures . . .” 

     Commissioner McLean suggested an amendment in the statement to change “classes of taxpayers” to read “all taxing entities including the State of Florida.”  He said he thinks they need to mention that to at least acknowledge the fact they should be a player in this.  He doesn’t think it’s in the best interest of the County to ignore that.

     Commissioner Carey stated the FAC Executive Committee must have approved this, because she is on the FAC Board and was never asked to vote on this.  She said many times government likes to keep the language broad so they have lots of flexibility.  Seminole County has historically been very fiscally conservative and other counties have not.  They could get grouped and who knows what the results could be.

     Chairman Henley asked if the joint statement had been supported by the appraisers.  He is wondering what the Appraisers Association has said.

     Commissioner Dallari said they all want to limit taxes to help everyone and want to make sure the level of services are provided.  He said it would be nice to have some ownership from the State that they actually come to the table and are able to live by what they are passing down on the counties; but also to the point where they are not reducing the quality of life to the residents.  Some of those issues need to be addressed in this.  He said they should not be slashing the budget, but reducing it. 

     Commissioner Van Der Weide said the only people he thinks they can influence are the local legislators.  If they want to influence a bigger group of legislators, they need the networking of like-thinking counties and apply some pressure to the legislators so they will realize they have to be responsible to the citizens in the counties they represent.

     Chairman Henley stated he thinks the joint statement is an effort by the Association of Counties to get everybody to be like-thinking by agreeing to it, and the Board has some reservations on the language and the fact it’s omitting the responsibility at the State level.

     Commissioner Carey said she wonders if any of the other counties have brought up this issue.

     Ms. Coto said this is relative new information and based on when board meetings are held, she would concur that not all 67 counties have been able to formulate a position.  Everyone is in the same position as Seminole County in discussing this now and it is correct that the issue continues to change and it will change throughout the legislative session.

     Commissioner Carey said maybe they should send a request to FAC to poll the other 66 counties about adding a statement that the State of Florida would also be a part to this agreement and see if everybody is interested in that.  If the majority is, they will add that to the statement.

     Chairman Henley said the statement implies that the League of Cities has adopted this, but it was probably their executive committee or board.  Commissioner Carey said she doubts all the cities have adopted this, because there are a lot more cities than counties to deal with.  She is also sure the School Boards have not looked at this; she is not sure they have this information.

     Commissioner McLean said wording without the State of Florida in it is without teeth, in his opinion.  They should say the counties will work with the State to come up with something that’s equitable and balanced, because everyone likes to cut taxes and no one wants to cut services.

     Chairman Henley said if they can’t get the Legislature to agree with what Commissioner McLean is talking about, then the other strategy should be to include that the action would not diminish the quality of life.  He asked if the Commissioners could agree on the statement with reservations and ask to attempt to include in the Legislature as well as a statement dealing with diminishing the quality of life.  If so, they can move forward on those two thoughts.  Otherwise, they have no protection at all.

     Commissioner Carey said this needs to be provided to Chris Holley of FAC right away.  Chairman Henley added also to Bobby Brantley.

     Ms Coto said she had a conference call with the lobbyist last week and talked with him about how they could prepare themselves for what they are about to face at the legislative session and the lobbyist thought it would be a good idea that they not limit their information distribution to the County’s Legislative Delegation members, but ensure that all members of the Legislature are aware of the County’s position.

     Chairman Henley said the Board will move forward on this issue with those two caveats. 

     Ms. Spriggs noted that staff included a copy in the packet of the fiscal survey they completed for FAC so they could formulate a defense as far as county spending.


     Chairman Henley advised he received a letter from the Boys and Girls Club requesting the Board appoint a liaison to their Club Board of Directors and Commissioner Dallari has agreed to handle that.  Chairman Henley said he will write a letter to the Boys and Girls Club explaining that.


     Chairman Henley said at the Mayors/Managers meeting, the outdoor tornado warning system was discussed.  The Mayors/Managers Group will follow with a task force made up of representatives from the County, Sheriff’s Department, EMS, etc. along with representation from the cities and the National Weather Bureau to study this issue and come forward with a preliminary report on March 13.  At that meeting, the Board may be prepared to give staff direction as to which way the Board wants to go.  Also, the Mayors and Managers present all agreed they need to move forward in a coordinated effort rather than each city going its own way and the County going it’s own way, because they may have gaps and overlaps.  He said he intends to see that the County is included in all of the work done in this regard.


     Chairman Henley said he’s sure the Commissioners read the Sanford Herald regarding the Martin Luther King Memorial which the Board agreed to in 2000.  He said that was not an accurate portrayal of the discussion he had with the reporter.  Chairman Henley said he agreed with Sanford City Manager that there had been a significant turnover in staff as well as elected officials and that is probably what happened with the delay on this project.  He advised he would bring this to the Board today to make sure the BCC was still on board with this project.  Chairman Henley summarized the minutes in 2000 of the motion made.  He said he told the reporter that the County is still waiting for Sanford to come forward with what they would recommend and then the BCC would take it up, because the City was to come back to the County for approval before sending any money. 

     Commissioner Carey said shortly after taking office in 2005, City Commissioner Williams, along with representatives from the Martin Luther King Steering Committee, came to her to talk about what had been committed.  At that time, the discussion was that the Committee was to go back and come up with some ideas.  One idea was to put a monument possibly at the corner of 25th Street and Airport Boulevard, and Commissioner Carey said to come back and let the BCC know and the money was already set aside, but she never heard any more about that.

     Chairman Henley said he thinks the important thing is that the Board has already made the commitment and staff needs to call and see if the City is going to follow through.

     Ms. Coto stated she attempted yesterday to contact the City before the workshop with the City, but that was unsuccessful.  She suggested, with the Board’s concurrence, to develop a letter from the Chairman to Sanford’s Mayor indicating reaffirmation of the County’s support and that the County looks to following the City’s lead and receiving a design as it relates to the monument.

     Chairman Henley said he spoke with Mayor Kuhn about that yesterday and shared with her what was in the minutes of the Board meeting and that as far as he was concerned the Board was still committed to working with them and he would portray that unless there was opposition.  No one voiced opposition.  Whereupon, Chairman Henley said, hopefully, they can expedite this and get it off the “to do” list.

     Commissioner Carey said maybe they can do two memorials at the same time--one for Martin Luther King and the memorial for Officer Gregory.


     Chairman Henley said if any of the Commissioners had not gone on, he would encourage them to do so as well as the public to vote their preference.  He said there are four options dealing with questions on, “how shall we grow”?  This is an opportunity to tell the elected officials, not only in Seminole County and the cities, but in this region how you would like to grow. 


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

 1.  Memorandum dated 01/23/07 to BCC (with attachment) from Debra Meinert, Water Conservation Coordinator-Environmental Services Department, re: Overview of water violation program. 


 2.  Letter dated 01/19/07 to Chairman from Amanda Conochalla, Manager-Orlando Regional Healthcare Government Relations, re: Announcement of the Howard Phillips Center for Children and Families receipt of the Ernest A. Codman award.


 3.  Copy of letter dated 01/25/07 to Harold Barley, Executive Director-Metroplan Orlando, from Chairman Henley re: Appointment of Tina Williamson to the Metroplan Orlando Transportation Technical Committee.


 4.  Letter dated 01/23/07 to Chairman (with attachment) from Eloise Sahlstrom, Senior Planner-City of Winter Springs, re: Notice of public hearings on February 12, 2007 and February 26, 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Co. Attorney, Planning Manager, Supervisor of Elections, Property Appraiser)


 5.  Copy of letter dated 01/24/07 to John Drago, City Manager-Longwood, from Dori DeBord, Director of Planning and Development, re: Joint City cooperation regarding building permit services.


 6.  Letter dated 01/16/07 to Chairman from Kathy Hubbert re: Appreciation for assistance in solving problems in the Maitland area.  (cc:  BCC, Co. Manager, Deputy Co. Manager)


 7.  Letter dated 01/18/07 to Chairman (with attachment) from Diane Pickett Culpepper, Bright House, re: Adjustment to the Bright House Networks pricing schedules. 


 8.  Contract for services, as shown on page _______, between Seminole County Government and Michelle Chapman (Score Keeper). 


 9.  Copy of memorandum dated 02/02/07 to Governor’s Office of Policy and Budget (with attachment) from Henry Lewis, Director-Office of Work Program, re: Notification of Proposed work program amendment to the FY 06/07 – 2010/11 adopted work program.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Engineer)


10.  Letter dated 02/05/07 to BCC (with attachment) from Michael Napier, Administrator - Seminole County Health Department, re: Risk of illness with petting zoos.


11.  Letter dated 02/01/07 to Chairman from Diane Pickett Culpepper, Bright House, re: Upcoming changes to Bright House Networks’ programming.


12.  Notice of public hearings for Heathrow International Business Center DRI on February 15, 2007 and March 1, 2007 in the City of Lake Mary.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Planning & Development Director, Planning Manager)


13.  Copy of letter dated 02/01/07 to Juanita Marie Villalobos-Bell (with attachment) from Gretchen Venn, Executive Assistant, re: Receipt of volunteer appointment information form.


14.  Letter dated 01/31/07 to BCC (with attachment) from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Notice of annexation public hearing on February 26, 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Planning & Development Director, Planning Manager, Supervisor of Elections, Property Appraiser)


15.  Copy of memorandum dated 01/26/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. Records. 


16.  Copy of letter dated 01/27/07 to Steve Harriett, Sheriff’s Department, from Wanda Chandler re: Cat attacks in the City of Sanford.


17.  Copy of letter dated 01/27/07 to Chief Brian Tooley, Sanford Chief, from Wanda Chandler re: Follow-up information regarding more cat killings in Sanford.


18.  Copy of letter dated 01/31/07 to Sal and Marion De Fabrizio from April Boswell, Planning Manager, re: Concerns on LYNX bus service along State Road 434.


19.  Notice of public hearing – City of OviedoFebruary 5, 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Planning & Development Director, Planning Manager)


20.  Copy of letter dated 01/29/07 to Cynthia Coto, Co. Manager, (with attachment) from Clayton Simmons, Administrative Judge, re: Continuing Civil Courthouse Security issues.


21.  Memorandum dated 02/02/07 to Sandy McCann, Supervisor, Co. Commission Records Office, from Becky Noggle, Sr. Coordinator, Environmental Services, re: Submission into Co. Records.


22.  Memorandum dated 02/08/07 to BCC from Cynthia Coto, Co. Manager, re: Countywide reorganization and recruitment update.


23.  Copy of letter dated 02/08/07 to Judge Clayton Simmons, Administrative Judge, Eighteenth Judicial Circuit, from Cynthia Coto, Co. Manager, re: Civil Courthouse Security.


24.  Copy of letter dated 02/08/07 to Joseph Sarnovsky, Vice President-Seminole Community College from Cynthia Coto, Co. Manager, re: Request for copy of the construction schedule.


25.  Memorandum dated 02/09/07 to Sandy McCann, Supervisor, Co. Commission Records Office, from Becky Noggle, Sr. Coordinator, Environmental Services, re: Submission into Co. Records.


26.  Florida Public Service Commission Bulletin re: Utilities, Inc. of Florida application for rate increase upcoming meetings.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Environmental Services, Co. Attorney)


27.  Letter dated 01/31/07 to Chairman from Susan Doerner, Vice Mayor-City of Casselberry, re: Appreciation for Kevin Fall and his contributions to the Seminole Co. CRA program.


28.  Copy of letter dated 02/09/07 to Douglas Malenfant from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.



     Motion by Commissioner Carey, seconded by Commissioner Dallari, to reappoint Margaret Johnson to the Library Advisory Board for a two-year term ending January, 2009.

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


     Commissioner Carey reported that on January 26 the Orlando Business Journal and Seminole County Chamber had their 2007 regional update and she had the opportunity to serve on a panel.  There was a packed house in attendance and they received a lot of good feedback from that.


     Commissioner Carey said last Friday night, she, Commissioners Dallari and McLean, and Ms. Coto attended the Fire Fighters Awards Banquet and it was quite nice.  There was a great crowd and they had the opportunity to recognize some of the best and brightest of the firefighters.  She expressed appreciation to Chief Raw for continuing to put this event together and congratulations to all the recipients.


     Commissioner Carey reported that on the last Saturday in January, the first Geneva Farmers Market was held and it was such a great success that they are going to do it again.  Another Farmers Market will be held the last Saturday in this month, February 24, at the General Store on First Street in Geneva.  Beginning in March, they will hold these on the second and fourth Saturdays.  She encouraged everyone to attend.


     Commissioner Carey stated this Friday, February 16, 7:00 a.m., the Seminole County Prayer Breakfast will be held at the Lake Mary Marriott, followed by Chairman Henley delivering the State of the County message at 11:30 a.m. at the same location.


     Commissioner Carey announced the MetroPlan meeting for tomorrow morning, February 14, and she asked if anyone had issues to be brought up to see her or the Chairman for that this afternoon.


     Commissioner Carey further announced that tomorrow afternoon, she will be speaking to the Issues Committee for the Seminole County Chamber regarding the pros and cons of impact fees, what kinds of funds they would generate, and how that would affect those in the community in the future.


     Commissioner Carey stated that next week the East Central Florida Planning Council meeting will be held, and the myRegion issues are wrapping down.  She asked if anyone had anything to add to that, she would have the opportunity to do so at the Planning Council’s meeting.


     Commissioner Carey stated on Saturday, February 24, the Bookertown Heritage Festival will begin at 10:00 a.m. at the Bookertown Park; and at 10:00 a.m. and 1:00 p.m. the Reggie Branch Celebrity Bowling Fundraiser will be held to benefit the Boys and Girls Club and Midway Safe Harbor at the Sanford Airport Lanes.  She had sponsored some County employees to bowl on her behalf.  Also at 4:00 p.m. the same date, Brethren Reaching Out Ministry will host an event at Reddick Memorial Church in Midway to highlight the importance of faith-based community neighbors and local governments working together.  She will attend that and speak on the Commission’s support of working together as a community.


     Commissioner reminded everyone that tomorrow is Valentine’s Day and do not forget their significant others.  She distributed gifts of candy and wished all a Happy Valentine’s Day.


     Commissioner Dallari advised he had a conversation with Rick Gould (phonetic) of the Citizens Bank who owns the Lee Ranch about how the State is interested in trying to purchase, through mitigation rights, portions of the ranch they have on the eastern side of the County.  Mr. Gould would like to know if the County would be willing to participate in trying to make those inquiries.  He asked Ms. Coto to have a conversation with Mr. Lee to see where that can go.


     Commissioner Dallari said the Board had a presentation earlier this year about the County going wireless, and to do that, they must have a study to determine what the pros and cons are.  He had a conversation with Raymond Berridge with the High Tech Corridor and he informed that they would like to enter into a conversation with the Board to see about helping to fund the study.  He asked Ms. Coto to also have that conversation with Mr. Berridge.


     Commissioner Dallari said they did have continued work with the Oviedo JPA and he thanked Ms. Boswell.  He said they discussed Transition Areas 2 and 3 with the Oviedo staff and they think they have an agreement on those two areas.  Staff will bring to the Board that agreement within the next month.  He said it would be no increase in net density and will be actually moving the transition areas and he thinks that will be an asset to the County and the Rural Area.


     Commissioner Dallari asked Commissioner Van Der Weide to give an update on the status of Mr. Ben Tucker’s health. 


     Commissioner McLean stated earlier today the Board approved Item #19 on the Consent Agenda for a 1400’ boardwalk in Black Hammock.  He believes all Commissioners received a letter from Mr. Richard Creedon from the East Seminole Rural Coalition mentioning the idea of naming the boardwalk Logue’s Way in honor of Jim Logue and his long-standing defense of the Black Hammock area.  Commissioner McLean said that process is moving forward through the Parks & Recreation Department; and it will go through the Natural Lands Committee, through Ms. Coto’s office and come back to the Board possibly on February 27.  He said he thinks it would be appropriate for the Board to consider that.


     Commissioner McLean advised he was the speaker at the last Geneva Association meeting on February 5 and one topic of interest was the antiquated and non-conforming lots and, with Ms. Boswell’s help, they were able to show the lots from a proportional standpoint is relatively small from a percentage standpoint.  Once that was seen, he thinks the citizens were much more comfortable with the approach the Board is trying to take.

     Commissioner McLean stated as heard from this morning, there was discussion regarding some of the modeling and roads that were depicted in the center’s choice.  He mentioned that without any DOT plan, this was for conceptual discussion only and along with that, they have no money.  That seemed to make everyone happy.  Also, there was a fair amount of discussion on WiFi.  The next day, he went to a workshop regarding municipal WiFi and it was very informative.  The workshop included discussions of the mesh technology and the web mex.  He said it seems that as they have various entities looking at this, with Lake Mary moving in the direction it appears that Winter Springs is moving, and the Commission is considering the High Tech Corridor, he believes it makes sense for the Board to take the lead and see in what form this might make sense.  He knows that Mr. Glen Sangiovanni will be speaking with the Commissioners within the next week and perhaps they can put together a united front to put something together definitively.  He said there is also a number of avenues (Mayors/Managers and City/County Advisory Committee) to pull all the cities together to discuss it. 

     Chairman Henley said regarding the City/County Advisory Committee, there was a request the other day that the Board schedule a meeting as soon as possible for the joint meeting of the city and county again.  He said he doesn’t know when the report is coming back from the consultant regarding Fire/EMS.  The Committee wants to turn the siren issue over to the joint City/County Committee in order to follow through on that.  Chairman Henley said Commissioner McLean, as he is now Chairman of the Committee, can coordinate with his Aide to make contacts and schedule a date for the meeting.


     Commissioner McLean stated a couple of meetings ago, there was some discussion on the ATV statute and the potential of implementing the exemption of that and the Board left it in the hands of the Sheriff’s Department to see if it made sense to consider.  He received a Petition, as shown on page _______, from a number of citizens this morning asking that Seminole County opt out of the law.  Commissioner McLean said it appears there are a number of people who would like their voice to be heard; they have some additional information they would like the Board to consider.  His thought is if there is this number of people that have an interest in discussing this, and if they can bring new information, that the Board allow the group to address the Board at the next meeting to be sure they are not missing definitive information and making the best decision they can.

     Chairman Henley said they need to check whether the next meeting is appropriate or not.  He thinks there are a number of items for that meeting.  If it is the wish of the Board, they will move forward with establishing a time to hear the information.

     Commissioner Carey asked what was the feedback from the Sheriff, and Mr. McMillan reviewed the Sheriff’s position was that he didn’t think there was going to be a problem and they would enforce the law as written.  If any citizens have a problem, they are to call the Sheriff’s Office.

     Commissioner Carey said enforcement of this is the Sheriff’s issue and his opinion counts for a lot. 

     Mr. McMillan said Ms. Coto has spoken to the person having the petition signed and it appears the problem is a private ingress/egress easement and that statute does not even apply to that.

     Ms. Coto advised she has spoken to the first signer on the petition and had written communications with e-mails and faxes and this individual lives on Pine Nob Lane which is a private ingress/egress easement.  She had discussions with Mr. McMillan and he indicated the statute is not applicable to this particular situation.  Ms. Coto said she advised the individual of that and in her last e-mail to her yesterday, she offered to meet with her or anyone in the community to further discuss this, if they chose to do so, to explain why she didn’t believe opting out of the statute would aid them in their concerns.  She explained further to Commissioner Carey that she understands it is individuals not residing in the community who are using ATV’s on the easement, and the resident’s concern is whether or not the Sheriff would be able to enforce the law.

     Mr. McMillan said the statute only authorizes ATV’s to be driven on unpaved, public roads with a posted speed limit and it does not apply to private roads or private easements.  He said with or without the statute, the resident’s problem is the same, no matter what is done relative to the statute and ATV’s. 

     Commissioner McLean said the other folks involved may be in the same neighborhood, but he is not aware of it.  He would caution coming to the same conclusion without knowing the facts.

     Ms. Coto said, if the Board would like, she would be happy to set up a meeting and try to determine whose district the residents are in to notify the appropriate District Commissioner and see if they can find out the circumstances.  Commissioner Carey suggested getting the Sheriff involved with that meeting so he can know what’s going on. 

     Chairman Henley stated the Board will wait to hear back from Ms. Coto before they decide in which direction they need to go regarding the request.


     Commissioner Van Der Weide stated he was also approached by Rick Lee, and he was with the group that went to see the Governor. 


     Commissioner Van Der Weide said the groundbreaking for the new fire station on SR 436 was held and everyone had a great time.  He thinks this will be a real benefit for the community.  He noted that the new facility will replace the oldest fire station in the County.  He gave the historical background of the fire station.


     Commissioner Van Der Weide advised that Mr. Tucker is in the hospital in Sanford, and he and his family are very happy with the service he’s getting.  He is coming along well.  He said they can all be proud that they saved the first life with the AED equipment the Board authorized providing in the County facility.  He said he and the Chairman have spoken to Ms. Coto about recognizing the participants who administered the first aid and saved Mr. Tucker’s life.

     Chairman Henley shared a conversation he had with his cardiologist and he was complimentary of the action taken regarding having the AED equipment available.  He also expressed a concern to have the equipment at the soccer fields (at Sylvan Lake Park) as there are a lot of elderly people who come to the activities.  Chairman Henley said he thought there was portable equipment at the facility already.  Whereupon, Ms. Coto said she thought all the major parks had this equipment.  Chairman Henley said if so, make sure staff knows where the equipment is located.


     Ms. Coto advised she received a phone call from Superintendent Vogel today and the School Board will meet this evening and will take up the issue of impact fees.  Chairman Henley stated he had received word last week that the School Board would be approving the impact fees tonight, so apparently they feel confident to move forward.


     Chairman Henley stated there is at least one individual who would like to address the Board.

     Franswa Zager (phonetic), 1702 S. Magnolia, representing a Coalition of Concerned Seminole County Residents, addressed the Board to read written comments that they are all saddened by the loss of life due to the tragic fire at Animal Services last week.  She asked the Board to consider the comments in 2003 by the Humane Society of the United States when they toured the shelter and noted the shelter was not able to provide any air changes; there were no healthy holds for new arrivals; no isolation area for sick animals; and no post adoption or pre surgical housing.  In reviewing the findings the Animal Control Board concluded that the cost to retrofit the ventilation system would be prohibitive and the recommended course of action would be a new animal shelter.  She reported that three years ago, Friskies held a national remodeling contest for the worst shelter in the United States, and the Seminole County shelter was chosen as the top 20 worst in the country.  She requested the Commission recommend moving immediately to construct a new animal services shelter that can provide adequate care of the homeless animals.  She said the current animal population control laws are ineffective.  She gave euthanization statistics and said the County is growing both in residents and unwanted animals, yet there is no viable strategies in place to hinder the undesirable growth of unwanted animals.  They feel it would be in everyone’s best interest to revisit the guidelines and bring new strategies to the table for population control.  She said scores of counties and cities around the country have been successful in responsibly reducing the numbers of unwanted pets and the Board should consider their success.  She named spay/neuter programs as one of the solutions.  She concluded with two requests--one for a new shelter that better meets the needs of the community and the unwanted sick and injured animals, and the second for a workshop with citizens to include the Seminole County rescue organization representatives, Animal Control Services representatives, and County Commission representatives to convene immediately and review current animal control laws and procedures and discuss successful strategies for humanely addressing the overpopulation.  She said they are willing to be of assistance in helping Seminole County become a model community in the animal welfare arena.

     Chairman Henley asked for a show of hands and all in attendance raised their hands in support of the speaker’s comments.

     Lee Seretti (phonetic), 699 Green Turtle Court, Geneva, addressed the Board to state she moved here 11 years ago and everything has met their expectations except for animal control and the shelter facility.  She said they spend a lot of money on beautification of the roads, but they don’t spend a lot for the housing and care of the animals and she thinks they should do that.  She said they need a better shelter and a more forward-thinking plan of action to address the growing pet overpopulation problem.  She added that they all need to work together.

     Perry Seddick (phonetic), teacher with Seminole County, addressed the Board to state she wants everybody here to recognize they are not talking about a fence or a little bit of land, but are talking about animals and the Board thinking with their hearts and values.  She read a speech by her father stating it seems the County lags behind a lot of third world nations when it comes to animal population.  She said the problem with animals attacking other animals is because of the overpopulation, and killing the animals is not the answer.  Also, there must be laws to protect the animals from cruelty.  She said they need to have an animal shelter that hires people with compassion.  She recommended setting up a task force consisting of the citizens, someone from the BCC, Animal Control, and people in the past who have done this successfully.  She said this can be done very cost effectively if done correctly.  She stated as the county continues to grow, so must the needs for animals.

     Shelia DePace, 1600 S. Park, addressed the Board to ask if anyone was on staff at the time of the fire and how is it the fire was going through the roof before the Fire Department got there.  Chairman Henley advised he didn’t know the information, but the Board will be getting an update, and a briefing and recommendations from staff.  She stated three key factors for the cat overpopulation problem.  She thinks a lot of people were shocked to know how many animals were being processed through the shelter.  She said she thinks a little bit of awareness and education could do phenomenal things.  She stated Seminole County has a wealth of talented, educated, compassionate residents equipped with research and excellent resources and contacts waiting to give assistance if given an opportunity to do a work shop and brainstorming to get a good program.

     Chairman Henley said some had addressed the education part and he asked if anyone had approached the School Board to see if they could begin instruction to the students on the care and responsibility of animals.  He said this would be a good start.      Ms. DePace gave a report on the trap, neuter, return program in Orange County showing a reduction in complaints.

     Commissioner Carey advised the County has an Animal Shelter Citizens Committee and each Commissioner have appointees on that.  They are working on trying to get a mobile spay/neuter unit, which she brought up a couple of years ago.  Also, during the last budget, the Board gave some additional money for some improvements to be made at the animal shelter, and some additional positions were funded.  She said the Board is aware there are issues and she thinks the Commission is trying to move forward and deal with them.  The shelter has been there for a long time and has a lot of needs, and this may be an opportunity for them to rebuild it.  The Commission also asked that staff look into working with the agency next to the Flea Market to see if they could combine their efforts and do better.

     Ms. Coto said she had a meeting scheduled with staff to talk about the spay/neuter program the day after the fire, so that was cancelled and rescheduled for next week.  

     Ms. Coto advised Commissioner Van Der Weide that the County is self-insured and has insurance on the building.  She said she will seek direction from the Board on making some improvements to the area to be rebuilt, because staff has identified some things that were not considered when the facility was originally built.

     Commissioner Van Der Weide suggested appointing a Commissioner as a liaison to the volunteer citizens group along with staff and said he would volunteer to do that.

     Phyllis Sayu (phonetic), 572 Seminole Woods Boulevard, addressed the Board to state at the last Animal Control Board meeting, they talked about borrowing the SPCA mobile bus on an every-other-day-a-week basis.  She said that’s a great start but to make an impact, they have to be out there every day doing at least 50 spays and neuters.

     Gail Nagan, 227 Everest Point, addressed the Board to state she doesn’t think the Advisory Board is sufficient for what’s being asked.  She said in those meetings, it takes years for things to come about.  Many of them already know what’s been going on in the rest of the country to become progressive and what needs to be done.  She said they need to get together in their own group or task force as suggested by the first speaker.  She said she doesn’t think fixing up the facility is what the community wants either.  That might work for now, but a new facility is really needed.  The spay/neuter clinic is something that is really needed. 

     Chairman Henley expressed thanks to the speakers for their concern, interest and dedication.  He said the Board gets information often about things happening in other parts of the nation, and they don’t deny the fact that there is a problem that needs to be dealt with.  They only have so many dollars to deal with, but he thinks this is an opportunity to evaluate the entire facility and come up with a direction that would further meet the needs of the community.  He said the Board is looking forward to the report from staff on what happened and the route to take, and at that time, the citizens will have an opportunity to come and hear that.  He said the Board will take the recommendations given today under consideration. 

     Commissioner Carey said it is unfortunate what happened at the animal shelter, but it may be the perfect opportunity to look at relocating the shelter as part of the master plan in that area. 


     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:40 p.m., this same date.



ATTEST ______________________ Clerk ____________________Chairman