BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

FEBRUARY 27, 2007

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, February 27, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Mike McLean (District 2)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Carylon Cohen

 

     The Invocation was given by Bishop Anthony Lawrence, Church of God by Faith, Oviedo.

     Commissioner Dallari led the Pledge of Allegiance.

Awards and Presentations

 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2007-R-32, as shown on page _______, honoring Robert K. Brown for his twenty-one years of service and dedication to the citizens of Seminole County upon his retirement from Seminole County Government.

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

     Commissioner Van Der Weide presented the Resolution to County Engineer Jerry McCollum, who accepted on behalf of Mr. Brown and expressed appreciation to the Board from Mr. Brown.


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     Peggy Powell, representing the Black Hammock Association in the absence of Robert King, addressed the Board to express appreciation to the Board of County Commissioners for years of supporting the Black Hammock efforts to remain a rural community.  She asked the Board to keep up the good work and stay vigilant.

     Richard Creedon, Geneva Citizens Association, addressed the Board to state it is fortunate that the Seminole County Commissioners had an early vision that the way to go is preservation of green space.  He said from the bottom of their hearts, the residents thank the Board for standing with them in their continual efforts to have Seminole County remain the jewel of Central Florida, truly Florida’s natural choice. 

     Deborah Schafer, Chuluota Community Association, addressed the Board to state she wanted to take the time to thank the Board for their ongoing protection of the rural area.  She also thanked the Commissioners’ Aides, staff, and Natural Lands staff for protecting the rural areas of Seminole County.  She said the voters agreed with them by passing the Rural Boundary Amendment.  Now, they have better protection.  They need their voices heard loud and clear.  She, along with Ms. Powell and Mr. Creedon, presented picture plaques as tokens of appreciation to the Commissioners and former Commissioner Randy Morris.

     Chairman Henley expressed, on behalf of the County Commissioners, that it is always nice to be recognized for what you’re trying to do.

     Commissioner Carey said she was glad to see Mr. Morris since he was instrumental for some of the protection in the Black Hammock area.  Commissioners Henley and McLean also stated it was good to see Mr. Morris.

     Commissioner Van Der Weide stated he thinks people can rest assured of this Commission’s and, hopefully, future Commissions that nothing is going to change in the rural areas.  He thinks the Commission in general has done a wonderful job in protecting that area and he doesn’t see that changing.

     Commissioner Dallari said he echoes the previous comments and he doesn’t see anything changing either.  He stated there are a lot of rumors saying things are happening.  He asked the residents to contact the Commissioners about what is and is not happening.  He said most times it’s strictly rumors.  He expressed thanks to the residents for helping the Board protect the rural area.

     Commissioner McLean stated he thinks everyone knows his philosophy is to look at the Comprehensive Plan as a blueprint and not a guideline.  He will do the best he can to see that the rural area stay just as it is.

     Commissioner Carey encouraged all to go see what is going on in the rural areas.  She stated there are a lot of activities going on in Geneva now.

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     Pastor Alonzo Smith and Bishop Anthony Lawrence addressed the Board.  Pastor Smith stated they are here to say thank you to the Board.  Hs said so many times people are quick to highlight all the mistakes when we miss the mark, but so many times we don’t say thank you for the hard work public servants do in our communities.  He read the plaque for service and dedication to the community and presented it to the Commissioners, along with Bishop Lawrence, on behalf of the Church of God by Faith and all the citizens in Oviedo.

     Pastor Smith also recognized the Sheriff’s Office for work done in their community and he with Bishop Lawrence presented a plaque to Elizabeth Vergara of the Sheriff’s Office.

     Commissioner Carey expressed thanks to Pastor Smith and Bishop Lawrence for coming this morning.  She stated, as expressed earlier, it is great to be recognized, and they will display the plaque in a proud place.

     Bishop Lawrence expressed how from the time they entered the building, everyone treated them with love.

Consent Agenda

     County Manager Cindy Coto requested that Item #25, adopt Resolution that renames Orange Blossom Drive to Whealey Acres Loop, be pulled from the agenda.  She said staff will bring this back at a future date.

     Commissioner Dallari requested that Item #20, award CC-1636-06/BHJ - Renovation of Seminole County Fire Station #35 to Southern Building Services, Inc. of Winter Garden, FL, be pulled for a separate vote.

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

Community Services

Community Assistance

 4.  Approve Amendment to the 2002-03 One-Year Action Plan and authorize Chairman to execute the First Amendment, as shown on page _______, to Seminole County/The Center for Affordable Housing, Inc. HOME Program Community Housing Development Organization Rental Housing Development Agreement Program Years 2002-03, 2004-05, and 2005-06. 

 

Environmental Services

Business Office

 5.  Approve Release of Water and Sewer Capacity Agreement, as shown on page _______, between Seminole County and Sofran Tuskaloma, LTD., for the project known as Trinity Retail Center. 

 6.  Approve and authorize the Chairman to execute an Amendment, as shown on page _______, to the Conditional Utility Agreement and Exhibit “G”, as shown on page _______, for Sewer service with Metropolis Homes Co., Inc. for the project known as Tesoro Townhomes. 

Solid Waste Management

 7.  Approve index adjustment for Solid Waste MSBU collection services as required by Franchise Agreements, effective January 1, 2007. 

 8.  Approve renewal, as shown on page _______, of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Services, as amended, for Sunshine Recycling, Inc., for a period from October 1, 2006 to September 30, 2007.

 

Fiscal Services

Budget

 9.  Budget Amendment Resolution #2007-R-31, as shown on page _______, #07-38 - $20,000 - Public Works - 1991 Infrastructure Sales Tax Fund - To provide funding for a fully reimbursable Change Order from the South Seminole North Orange County Water Treatment Authority for an additional line stop and plug valve being installed on the Lake Drive Force Main in association with the Lake Drive Road Widening project.

10.  Budget Amendment Resolution #2007-R-33, as shown on page _______, #07-39 - $1,200,000 - Administrative Services and Public Safety - General Fund and Risk Management Fund - Appropriation of insurance proceeds for the Animal Services Facility, which partially burned down on February 8, 2007. 

11.  BCR #07-09 - $364,850 - Environmental Services - 2006 Water and Sewer Bonds -  Accounting adjustment to move funds into the Fern Park Water System Upgrade project #203801.  A portion of the 2006 Bond Proceeds were to be allocated to the Fern Park Water System Upgrade project #203801, but were inadvertently put into the Fern Park CRA Utilities project #249801.

12.  BCR #07-10 - $3,483,376 - Public Works - 2001 Natural Lands/Trails Fund - Combine projects 00187723 and 00187753 (Cross Seminole Trail - Big Tree to Old Sanford Oviedo and Greenway to Layer (Inner)) into one project in order to simplify the bidding process.  It is anticipated that this will result in lower costs to the County.  Additional funds for this project are provided by utilizing unneeded funds in the Cross Seminole Trail - Greenway to Layer (Outer) and Flagler Trail projects.

Grants

13.  Approve and authorize the Chairman to execute a Memorandum of Agreement (MOA), as shown on page _______, with the Orange County Sheriff’s Office to secure participation in the Urban Area Securities Initiative (UASI), which financially supports regional Homeland Security projects identified in the Orlando Area Strategy. 

14.  Approval to submit a grant application for $200,000 with a 50/50 match to the Florida Department of Environmental Protection for the Recreational Trails Grant Program to develop a trailhead at Big Tree Park, and authorize the County Manager to execute supporting documents.  FY 07/08 funding from trail bond referendum.

15.  Approval to submit a grant application for $200,000 with a match requirement of 25% to the U.S. Department of Justice for the Drug Court Discretionary Grant Program, and authorize the County Manager to execute supporting documents.  Funding approved by the Board thru the end of FY 06/07.  Grant expired in March, 2006.

16.  Approval to submit a grant application for $75,000 with matching funds of 25% to the Florida Department of Transportation for the Highway Safety Grant Program, and authorize the County Manager to execute supporting documents. 

17.  Approval to submit a funding request of $1,000,000 with a match of 20% for design of the trail underpass at Lake Mary Blvd/International Parkway to the Florida Department of Transportation for the Transportation, Community, and System Preservation Grant Program, and authorize the County Manager to execute supporting documents.

18.  Approval to partner with the Seminole County School Board for pursuit of the Teaching American History Grant Program, and authorize the Chairman to execute a letter, as shown on page _______, supporting the partnership.

19.  Approval to partner with the University of Central Florida for pursuit of the National Leadership Collaborative Planning Grant Program, and authorize the Chairman to execute a letter, as shown on page _______, supporting the partnership.

Purchasing

21.  Approve Change Order #1, as shown on page _______, to CC-0295-05/BHJ - Red Bug Lake Park Sewer Improvements to Price Construction, Inc. of Orlando for the improvement of the septic tank/drain field systems at Red Bug Lake Park ($21,289.52).

22.  Approve Change Order #3, as shown on page ______, to CC-1244-04/TLR - Lake Emma Road with John Carlo, Inc., Mount Dora, FL for curb and gutter construction from Sand Pond Road to Lake Mary Center ($109,410.55 + 96 days).

23.  Approve Amendment #3, as shown on page _______, to PS-5149-03/AJP - Agreement for CEI Services for Markham Woods Road Drainage and Turn Lane Improvements from Springs Landing Blvd. to E.E. Williamson Road with HNTB Corporation, Orlando ($26,267.41).

24.  Award RFP-600103-06/TLR, Aquatic Maintenance, as shown on page _______, to McLane Excavating Co., Pierson, for aquatic maintenance activities within stormwater ponds, canals, ditches and/or lakes within Seminole County.

 

Planning & Development

Community Resources

25.  Pulled from the agenda the request to adopt a Resolution that renames Orange Blossom Drive to Whealey Acres Loop to improve emergency response time.

26.  Adopt appropriate Resolution #2007-R-34, as shown on page _______, that names the unnamed platted right of way located in the recorded plat of Slavia Colony Company’s Subdivision, to Pine Bark Point.

Development Review

27.  Authorize release of the Sanctuary at Lake Ann Private Road Maintenance Agreement and Private Road Developer’s Cash Maintenance Bond, in the amount of $15,500.00 (Cash), for road improvements. 

28.  Adopt appropriate Resolution #2007-R-35, as shown on page _______, to vacate and abandon a portion of the platted 10’ wide utility easement situated at the rear of Lot 1, Block B, located in Sweetwater Oaks Section 4-A, a/k/a 201 Palmetto Concourse, to accommodate a pool enclosure (Howard P. and Vicki S. Mann).

Planning

29.  Approve Satisfaction of Code Enforcement Board Lien in the amount of $500.00 for property located at 601 Balsa Drive, Altamonte Springs, and authorize Chairman to execute the Satisfaction of Lien, as shown on page _______, Joel V. Choate, #95-32-CEB.

 

Public Works

Engineering

30.  Adopt appropriate Resolution #2007-R-36, as shown on page _______, accepting a Quit Claim Deed, as shown on page _______, from Michael & Suzanne Tesinsky; John & Marlene Tesinsky; and Mary Ann Weisenbarger; and Drainage Easement from St. Luke’s Evangelical Lutheran Church, Inc., as shown on page _______, for the Church Street Paving Project.

Roads

31.  Approve and authorize the Chairman to execute a Revenue Agreement, as shown on page _______, between the University of Florida (UCF) and Seminole County in the amount of $40,000 for the Seminole County Florida Yards and Neighborhood Program to advance the pollution reduction goals required by the Florida Department of Environmental Protection (FDEP) TMDL (Total Maximum Daily Loads) Program by helping to eliminate the County’s most problematic surface water pollution at the source. 

 

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

 

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     Award of CC-1636-06/BHJ, Renovation of Seminole County Fire Station #35 located at 201 West County Home Road, Five Points, Sanford, FL to Southern Building Services, Inc. of Winter Garden, FL ($670,494.00), presented.

     Commissioner Dallari stated there are three alternates that are not included in the price.  These include painting the existing exterior, an Aluminum Canopy System and floor coating for the Apparatus Bay.  He thinks these three should be included.

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to approve award of CC-1636-06/BHJ, as shown on page _______, Renovation of Seminole County Fire Station #35 located at 201 West County Home Road, Five Points, Sanford, FL to Southern Building Services, Inc. of Winter Garden, FL ($670,494.00), including the three alternates presented.

     Under discussion, Chairman Henley asked if there is sufficient money in the budget.  Ms. Coto advised the money will have to come out of the Fire reserve fund.

     Commissioner Carey stated staff had enough funds to do Alternates 1 and 2 but not enough for Alternate 3.  She had suggested staff go back and look to do some value engineering to get it all covered.  She said she thinks the Board needs to think about how they do things.  This is a discussion she has had with the Purchasing Office and Public Safety/EMS/Fire/Rescue.  She said prices are coming down and the market is not as busy as it was six months ago.  She asked if the motion included the money coming out of contingency.

     Chairman Henley advised that the motion did not state the source of money.

     Commissioner Dallari stated he had not included funding in his motion but was going to allow the County Manager to review and determine the source of funding.  Whereupon, Ms. Coto said staff needs to have the dollars identified before they are able to sign off on a contract.  She said staff understands the Board’s desire is to look at alternatives and if they can find money within the existing budget and pricing, they will do so; but if not, and they have a motion identifying the funding, staff can move forward.

     Commissioner Dallari amended his motion that additional money needed will come out of the Fire Contingency Fund.  Commissioner McLean accepted the amendment.

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

County Attorney’s Consent Agenda

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

Litigation

32.  Authorize the issuance of an Offer of Judgment for Parcel Nos. 125/725/825, King property, East Lake Mary Boulevard Phase IIB improvement project, in an amount determined reasonable by the County Attorney’s Office, not to exceed $55,000. 

33.  Approve proposed mediated settlement relating to Parcel Nos. 203A/203B/803, Nordman Hayes property, on the East Lake Mary Boulevard Phase IIB project.  The proposed mediated settlement at $643,125 includes land value, severance damage, statutory interest, and statutory attorney’s fees.  Authorization up to $38,600 is also requested to settle expert fees and cost reimbursements which are still in dispute. 

34.  Approve proposed negotiated settlement relating to Parcel Nos. 121/721, Suero property, Lake Drive road improvement project.  The proposed settlement is at the total sum of $133,769.87 inclusive of all compensation to the owners, attorney fees of any kind, all costs, interest, and any other matter for which Seminole County might be obligated to pay relating to these parcels. 

 

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

 

Constitutional Officers’ Consent Agenda

 

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

Clerk’s Office

35.  Expenditure Approval Lists, as shown on page _______, dated January 29 & February 5, 2007; and Payroll Approval Lists, as shown on page _______, dated January 25 & February 8, 2007.

36.  BCC Official Minutes dated January 23, 2007.

37.  Noted, for in formation only the following Clerk’s “Received and Filed”:

 

 1.  Work Orders #3 and #4, as shown on page _______, to PS-1020-06, SCS Engineers.

 

 2.  Non-certified Tennis Pro Agreement, as shown on page _______, with Brandon Pike and Certified Tennis Pro Agreement, as shown on page _______, with Matthew Steverson.

 

 3.  Work Order #42, as shown on page _______, to PS-5120-02, PBS&J.

 

 4.  Sole Source Hosted Global Services Agreement, as shown on page _______, approved by the BCC on July 25, 2006.

 

 5.  Certificate of Completion, as shown on page _______, for CC-1243-04, John Carlo, Inc.

 

 6.  Change Order #6 as shown on page _______, to CC-1268-05, CFE Corp.

 

 7.  Memorandum to the BCC from County Manager Cynthia Coto regarding Capital Project Fund Transfer in the amount of $1,000,000 for the Pedestrian Overpass at Red Bug Elementary.

 

 8.  Contract M-600136-07, as shown on page _______, Public Resources Management Group, Inc.

 

 9.  Amendment #2, as shown on page _______, to IFB-3087-04, Naztec, Inc.

 

10.  Letter of acceptance, Bill of Sale and Warranty Deed, as shown on page _______, for potable and reclaimed water and sewer systems with liftstation within the project known as Lakeview @ Heathrow.

 

11.  Letter of acceptance and Bill of Sale, as shown on page _______, for potable and reclaimed water and sewer systems within the project known as Island Club f/k/a Lakeview Estates.

 

12.  Letter of acceptance, Bill of Sale and Warranty Deed, as shown on page _______, for water and sewer system with liftstation within the project known as Walden Chase.

 

13.  Purchase Agreement, as shown on page _______, with Maronda Systems, Inc. of Florida regarding CR 15 (Monroe Road), Parcel No. 124, approved per Binding Written Offer on December 12, 2006.

 

14.  Purchase Agreement, as shown on page _______, with Charley C. Hodge and Cynthia D. Tibbetts regarding CR 15 (Monroe Road), Parcel No. 142/742, approved per Binding Written Offer on December 12, 2006.

 

15.  Addendum #3, as shown on page _______, to the Cloyce Commercial Center PCD Developer’s Commitment Agreement.

 

16.  SR 46/Lake Forest Boulevard Townhouses Developer’s Commitment Agreement, as shown on page _______, approved by the BCC on February 28, 2006.

 

17.  Amendment #1, as shown on page _______, to Work Order #3 to RFP-0013-05, The Colinas Group, Inc.

 

18.  Work Order #55, as shown on page _______, to CC-1212-03, Unipark Construction Corp.

 

19.  Work Order #3, as shown on page _______, to PS-0722-06, Inwood Consulting Engineers, Inc.

 

20.  Work Orders #39 and #40, as shown on page _______, to RFP-4214-04, Site Secure, Inc.

21.  Work Order #25 to CC-1267-05, KMG Fence, LLC.

 

22.  Certificate of Completion, as shown on page _______, for Work Order #43 to CC-1262-05, APEC.

 

23.  Certificate of Completion, as shown on page _______, for Work Order #28 to CC-1262-05, APEC.

 

24.  Work Order #1, as shown on page _______, to PS-0977-06, DRMP.

 

25.  Change Order #2, as shown on page _______, to CC-1262-05, CFE.

 

26.  Development Orders, as shown on page _______, for the following:  Rodger & Kathy Addison, Sylvan Lakes Lots 193 & 194; Michael Robinson, 340 E. Oakhurst Street; Mahmoud Sabrkhani, 3759 Okeechobee Circle; Kenneth & Cindy Robinson, 230 Varsity Circle; Tamara M. Hasty, 1322 Flint Trail; Bernard & Jeanette Vann, 1810 Harding Ave.; David Demetree, Jr., 238 Nob Hill Circle; Eddie & Nilma Nieto, 2302 Driftwood Drive; James & Sandy Dunn, 3307 Foxcroft Circle; Raymond Krogman, 10032 Bear Lake Road; Cynthia H. & Dennis H. Greenwald, 1256 Bridlebrook Drive; Stephen & Raquel Wood, 572 Tall Oaks Terrace; Timothy Loughran, 1189 Amanda Kay Circle; Larry & Susan Sandstrom, 101 Foxridge Run; Stephen Timmons, 171 Lakeside Drive; Ruben & Florence Exantus, 1521 Bear Lake Road; Rachel & Todd Tucker, Charlotte Street Lots 16 through 22, Block B; Luis & Emily Hernandez, 1750 Laurel Brook Loop; and Raymond Krogman, 10026 Bear Lake Road.

 

27.  Assignment of Utility Agreements, as shown on page _______, for Water and Sewer Service with Adventist Health System and Beazer Homes, Inc. for the project known as Professional Medical Arts.

 

28.  Customer Agreements, as shown on page _______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for the project known as Island Club.

 

29.  Work Order #23, as shown on page _______, to PS-5166-04, Bentley Architects & Engineers.

 

30.  Certificate of Completion, as shown on page _______, for Work Order #45 to CC-1262-05, APEC.

 

31.  Change Order #1, as shown on page _______, to CC-0256A-06, John Carlo, Inc.

 

32.  Change Order #1, as shown on page _______, to CC-1262-05, CFE.

 

33.  Work Order #15, as shown on page _______, to PS-5135-02, GMB Engineering & Planners, Inc.

 

34.  Work Order #12, as shown on page _______, to PS-0381-06, Matern Professional Engineering, P.A.

 

35.  Work Order #63, as shown on page _______, to PS-5130-02, Ardaman & Assoc.

 

36.  Basic Contract #M-1851-07, as shown on page _______, Ardaman & Assoc.

 

37.  Certified Tennis Pro Agreement, as shown on page _______, with Larry W. Mack.

 

38.  Letter of Understanding, as shown on page _______, regarding IFB-3075-03, Plexus Inc.

 

39.  Agreement RFP-1249-05, as shown on page _______, with Interclean Equipment, Inc.

 

40.  Work Order #12, as shown on page _______, to PS-5175-04, Reiss Environmental, Inc.

 

41.  Basic Contract #M-1870-07, as shown on page _______, Devo Seereeram, PhD, P.E.

 

42.  Recorded Partial Release of Mortgage, as shown on page _______, by Tuskawilla United Methodist Church, Inc. and The Florida United Methodist Foundation, Inc.

 

43.  Notices of Case No. 06-37073-H3-7 (Chapter 7), Burr Wolff, L.P., Debtor.

 

44.  Purchase Agreement, as shown on page _______, regarding Parcel Nos. 121/721A/721B, CR 15 (Monroe Road) Improvement Project.

 

45.  Work Order #10, as shown on page _______, to PS-5182-05, S2LI.

 

46.  Cash Maintenance Bond and Escrow Agreement, as shown on page _______, in the amount of $3,945 for Ruth’s Chris Steakhouse.

 

47.  Certificate of Completion, as shown on page _______, of CC-1266-05, Central Florida Tapping and Construction Services, Inc.

 

48.  Second Amendment, as shown on page _______, to RFP-4146-02, The Environmental Quality Company.

 

49.  Certificates of Completion, as shown on page _______, for Work Order #38 and #42 to CC-1212-03, Homes in Partnership, Inc.

 

50.  Work Order #23 to PS-5174-04, as shown on page _______, Connect Consulting, Inc.

 

51.  Title Insurance Policy No. A81-0182104, Recreational Trail Easement (Fleet Financial Center, Inc.), and Subordination, Consent and Joinder of Easement (Sun Life Financial Assurance Company of Canada), as shown on page _______, for Cross Seminole Trail Phase III, Parcel 107.

 

52.  Title Insurance Policy No. A81-0182103, Recreational Trail Easement (Big Tree Self Storage, LLC), and Subordination, Consent and Joinder of Easement (JP Morgan Chase Bank, N.A. assigned to LaSalle Bank National Association, as Trustee), as shown on page _______, for Cross Seminole Trail Phase III, Parcel 108.

 

53.  Title Insurance Policy No. A81-0182105, Satisfactions of Mortgages for Barry Neville Morden and Anne Morden a/k/a Annie Morden, as Trustees; Corporate Warranty Deed (Link Holdings, Inc.), and Contract for Sale and Purchase of Land (Link Holdings, Inc.), as shown on page _______, for Cross Seminole Trail Phase III, Parcel 108.

 

54.  Non-Certified Tennis Pro Agreement, as shown on page _______, with Peter T. Mainelli.

 

55.  Work Order #6, as shown on page _______, to RFP-0778-06, American Acquisition Title, Inc.

 

56.  Contract #M-1861-07, as shown on page _______, Diversified Property Specialists, Inc.

 

57.  Amendment #1, as shown on page _______, to IFB-3054-02, with Prosweep Central Florida.

 

58.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Continental 170 Fund, LLC.

 

59.  Amendments to Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Beazer Homes, Inc., for the project known as Heritage Commons Townhomes.

 

60.  Conditional Utility  Agreements, as shown on page _______, for Water and Sewer Service with Duke and Duke Investments for the project known as Aloma Park Center, Lot 89.

 

61.  Work Order #6, as shown on page _______, to PS-596-01, PEC, Inc.

 

62.  Memorandum to Liz Parkhurst, Planning & Development, from Sandy McCann, Commission Records, regarding P&D documents.

 

63.  Bids as follows:  RFP-600103-06 and CC-1636-06, as shown on page _______.

 

Sheriff’s Office

38.  Approve and authorize Chairman to execute the Budget Amendment Resolution #2007-R-37, as shown on page _______, in the amount of $12,019 for the Sheriff’s Office FY 06/07 budget for the Juvenile Assessment Center (JAC) Contract.

 

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

 

Regular Agenda

 

     DCM/Don Fisher addressed the Board to review background information on Jetta Point and Soldier’s Creek Parks. 

     Dave Larson, Consultant, PBS&J, addressed the Board to give a PowerPoint presentation (copies received and filed).  He reviewed the process they went through with the cities of Oviedo and Winter Springs for Jetta Point.  He discussed the following PowerPoint slides:  Project Status - Design Complete - Winter Springs Planning Approvals; Planning Approvals Ahead, Winter Springs; Oviedo Planning Approvals; Planning Approvals Ahead, City of Oviedo; Soldier’s Creek Park; Project Status - Design Complete; Planning Approvals Ahead, Seminole County; Audit of Magnitude Cost; and Project Schedules.

     John Saboor, Executive Director, Central Florida Sports Commission, addressed the Board to discuss recreational opportunities and parks available in Central Florida.  He discussed the following PowerPoint slides (copies received and filed):  Research; Event Organizers; Re-occurring Themes; Infrastructure; Considerations; Management Model; and If You Build It.

     Commissioner Carey stated in her briefing discussion with Mr. Saboor about Soldier’s Creek Park, she learned that one major league field doesn’t do much for the County.  She asked, from a marketing standpoint, how could they better look at that.  Mr. Saboor said five of the same fields would be ideal.  He said he would encourage the Board to get as many fields of similar dimensions as possible.  He said having a major league field is important to a lot of folks in the County, and he understands the desire to keep that.  His suggestion would be for Soldier’s Creek to be similar to Jetta Point--have four pony-type fields that would accommodate a larger organization.

     Commissioner Carey asked if Ms. Coto was far enough along to know what the actual inventory of parks is countywide.

     Ms. Coto stated all the managers and staff from the cities and County, as well as the Sports Commission, have been meeting on a regular basis to discuss these issues.  One of the outcomes is that you work in a much more collaborative fashion than in the past.

     Mr. Fisher said he has given the Commissioners a summary of the inventory (copy received and filed) for all facilities by type for parks in the County and cities.  He feels from the staff level to have something from which to work to bring in regional and national events.  Staff is seeking the Board’s direction for whether they wish to proceed with Jetta Point and Soldier’s Creek Parks.  He said there is now $9.2 million approved in the budget that was originally identified for both parks.  The Board could commence the design and construction for Jetta Point today.  There is a $1.7 million Florida Communities Trust grant approved for Jetta Point that has a time line and time constraints.  The State has extended the time but if the Board directs staff to proceed, staff needs to overnight the information to the State so they can keep on schedule with the extension.  He said with Soldier’s Creek Park, the funding could be more flexible.  The park could be phased in, up to Year 2011, to get the project up and running.  He recommended beginning both sites operating with County staff until they can ascertain what they have.  He doesn’t want to get locked into a contract that hinders the flexibility to bring sports marketing into Seminole County.

     Chairman Henley said regarding comments from Mr. Saboor, he agrees that what the County has is not going to be that attractive in Soldier’s Creek from the standpoint of going after national events.  At the same time, they would be remiss if they do not work towards the pony fields.  It would be easier to bring the pony fields down to little league fields.  He thinks that is important even if it means the necessity of moving the parking across the street to the Environmental Center property.  He thinks it is important to move in that direction.  The amount of money they’re putting into these fields drives them to the point that they have to try to make it become an economic engine.  They are woefully deficient now.  They already have several teams in this County but they have to drive elsewhere to participate in tournaments and elsewhere to practice.  They can’t handle what the County has now, so he thinks it is important for them to be a little more visionary.  Also, from the standpoint of looking for space to meet the needs, they will either build more of these type activities or build larger jails.  He suggested moving forward with Jetta Point as quickly as they can and then Soldier’s Creek, if they can, to make the adjustments to pony fields and one major field.

     Commissioner Carey said she heard Mr. Saboor say it is better to have four pony fields and not have a major league field.

     Chairman Henley said that would be disenfranchising a group that is already involved if they do that.  They did not want to do that.  That is why they chose to go with Jetta Point first.  Otherwise, they would be disenfranchising a group that has been there for 20 years.

     Commissioner Dallari said he agrees with the Chairman’s analogy to build more parks than jails.  When it comes to Jetta Point, he thinks they need to move forward the way the consultant and staff suggested.  He thinks that is a good plan, and both cities seem to be on board.  He thinks staff is being very proactive trying to address all the cities’ and residents’ needs.  He thought the lighting issue was very impressive for the residential areas that surround Jetta Point.  With the PBS&J presentation, he was assured there would not be any bleeding into the surrounding community.  For Soldier’s Creek, he thinks the Chairman has the right approach.  He likes the idea about putting the parking across the street and having the stormwater across the street as well.  He said a survey needs to be done to find out exactly where the wetlands are.  He thinks it would be premature to actually start telling staff what needs to be in the park, but he would like to see long ball there. 

     Commissioner McLean stated he agrees with what’s been said.  He asked if staff was asking for the Board to decide today what is the design going to be for the parks or is staff asking to move forward and look at the design based on the survey results.

     Mr. Fisher said on Jetta Point, staff is asking for the Board’s blessing of the site plan that has been done.  He agrees with the comment regarding Soldier’s Creek that they don’t know exactly what they have now.  He said the wetland survey as well as geotechnical and topographical studies will get them to the point to know what is actually there.  After that, staff could bring this back to the Board.

     Upon inquiry by Commissioner McLean, Mr. Fisher explained the reason for the increased cost of the Jetta Point project from the original estimate.  He said staff is asking the Board to consider Jetta Point on its merits of being a $9.9 million project and not the original cost estimate.  

     Commissioner McLean said when dealing with some of the multi-use facilities, the challenge has always been utilization.  He learned from the Lake Mary Parks Supervisor that the fields need time to breathe and to recover from use.  He asked if there had been any discussion and any inclusion in the cost estimate regarding using artificial surfaces for these facilities with the idea of having increased utilization.  Mr. Fisher advised the current proposal does not include artificial turf, however, it is something he discussed with PBS&J and committed to the city of Oveido that the County would evaluate the return on investment for installing artificial turf.  If staff gets authorization to proceed, they will look at those numbers and report back to the Board.  If it is positive return on investment, staff can include that in the estimated cost of $9.9 million.  If not and staff feels it is worthy enough, they may come back and ask for that adjustment.

     Commissioner McLean said he is sensitive to the fact that there are now leaks with the long ball fields.  Hopefully, five fields are better than four.  If they can, find a way to do that, but he is not looking to move someone who has had a tradition.  He said try to make four fields work.  If they can move the stormwater and parking across the street, they need to do that.  He stated they have to present the package in a way that is going to be attractive to some of the entities.

     Commissioner Carey asked Mr. Fisher to clarify what the equestrian element is in the Jetta Point project.  

     Commissioner Dallari discussed with Mr. Fisher if there was a reason for not moving the time line to begin construction of Soldier’s Creek immediately after completing Jetta Point.  Mr. Fisher explained staff realizes there is a benefit to stepping these projects up so that they overlap, but his thoughts were primarily the funding.  They know less about Soldier’s Creek now because there is some data they would like to collect.  He said staff could propose to the Board that the two projects could overlap if it would work with the budget.

     Chairman Henley stated there is no reason to wait until 2009 to start Soldier’s Creek.  He said, particularly, if they are going to release grants for Jetta Point, that would give the County the opportunity to apply for some grants; although he doesn’t see much chance of that coming out of Tallahassee. 

     Commissioner Carey said there are some federal grants the County could apply for.

     Commissioner Van Der Weide stated he agrees with what everyone has said.  With what is going on in Tallahassee with regard to property tax issues, the County is still moving forward with some of the needs they have.  If those threats become a reality, that is going to force local governments to readjust their revenue.  He asked if staff had analyzed that.

     Ms. Coto said the recommendation at this time is to proceed.  They will know in a couple months just how badly the County has been affected by whatever the legislature decides to do; but at this time, they don’t know.  Her opinion is since the dollars have been allocated, she sees this as a means to bring money back into the community from a sports marketing standpoint.

     Commissioner Carey stated there are a lot of projects the Board will have to reevaluate if what is proposed happens in Tallahassee.  The fact they have a grant on Jetta Point is the reason to move quickly to make sure they get the grant before the funds disappear.

     Chairman Henley said there is no doubt what is happening in Tallahassee is a threat to local governments and it is going to cause them to go back and reprioritize a number of things.  He said he doesn’t think it is time for them to hibernate, but it’s time to be more proactive to educate the citizens on what the impacts are.  The Legislature doesn’t know what it’s going to do, but in the meantime, he thinks they need to continue with the plans they have but be cautious of the threat.  He would like the Board to instruct staff to move forward with Jetta Point post haste and do a reevaluation of Soldier’s Creek with the things mentioned today regarding the wetlands and so forth, and instruct staff to move forward with a major league ball field and four pony fields.

     Motion by Commissioner McLean, seconded by Commissioner Dallari, to begin the process on Jetta Point Park, as presented.

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

     Motion by Commissioner McLean, seconded by Commissioner Dallari, to direct staff to move with PBS&J and the Central Florida Sports Commission to determine what site concept makes the most sense at Soldier’s Creek, given what the current inventory is, with the goal of making as many same size fields as possible.

     Under discussion, Commissioner McLean said he wants to have the flexibility for staff to come up with something that makes sense.

     Commissioner Dallari said they need to include in the motion for staff to do an inventory of the land around Soldier’s Creek to see what it can be better utilized, both for stormwater and parking, and to do a survey and delineation of the wetlands.

     Commissioner McLean agreed with the inclusion.

     Chairman Henley said he would support the motion on the basis of it coming back before the Board, but he does not support not having a long ball field.

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

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     Chairman Henley recessed the meeting at 10:48 a.m. and reconvened it at 10:58 a.m.

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     Bill McDermott, Economic Development Manager, addressed the Board to present request to approve and authorize Chairman to execute a contract with Real Estate Research Consultants to provide an update to the 1997 Convention Center Study.  He advised the Tourism Development Council recommended the BCC move forward with this study.

     Commissioner McLean questioned that the contract says $39,000 and not $40,000.

     Mr. McDermott stated there is an addendum to the contract that explains what the additional $1,000 is to be used for.  He, Chairman Henley, and Commissioner Van Der Weide also explained what was the general findings and consensus of the 1997 study.

     Mr. McDermott said there is now the possibility of four additional hotels.  At least one of the hotels has indicated interest in talking with the County to have the center connected to the hotel.  He said this would come from TDC funds.

     Commissioner Van Der Weide asked about the reference to conference center versus convention center.  Mr. McDermott said he didn’t have a clear answer about the difference between the two.  He said it is being referred to as a convention center because of the language in the State statutes about using tourism dollars for construction.  They can construct a convention center but not a conference center.

     Commissioner McLean said it would be absolute that they need a hotel component, but he cautioned the Board about the issue of control.  He said whoever builds this facility would be in a position to dictate what comes and goes.  If possible, look at a free-standing facility that would give the County the control.  He suggested getting the information and seeing what options they have.

     Ms. Coto said this is actually in the BCC’s control.  Once they receive what comes back from the feasibility study, the Board will have the option to go out with an RFP to look at what partnerships there are and, based on the responses, make a decision about what they believe is the right combination for the community. 

     Ms. Coto advised Chairman Henley that the RFP for someone to work with the County in developing private business partnerships is coming before the Board on the March 13 agenda and staff will bring back recommendations.

     Motion by Commissioner Carey, seconded by Commissioner McLean, to authorize staff to move forward with a contract with Real Estate Research Consultants to update the 1997 convention center study at the cost not to exceed $40,000.

     Mr. McMillan stated this will be a standard miscellaneous contract with standard terms and conditions.

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

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     Tom Helle, Building and Fire Division, addressed the Board to present the request to authorize the Chairman to execute the Permitting Mutual Aid Agreement proposed by the City of Orlando in response to the 2006 hurricane season.  He stated staff is recommending execution of the agreement. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean, to approve and authorize the Chairman to execute the Permitting Mutual Aid Agreement, as shown on page _______, proposed by the City of Orlando in response to the 2006 hurricane season with the following jurisdictions:  City of Altamonte Springs; City of Casselberry; City of Kissimmee; City of Maitland, City of Orlando, City of Oviedo; Reedy Creek Improvement District; City of Tampa; City of Winter Garden; City of Winter Park; Brevard County; Hillsborough County; Lake County; Orange County; Osceola County; Volusia County; and Seminole County.

     Under discussion, Commissioner Carey said she would like it to be clearer that this would be an actual cost and not some kind of markup or per diem cost.  She asked if staff can add some language to make it crystal clear that it would be just at cost.

     Mr. Helle explained that with this being an ongoing agreement, the costs are changing from year to year.  When someone calls, staff will know at that time what the actual cost is and then determine whether they will accept the assistance.  Staff will bill for all the costs.

     Mr. McMillan stated he thinks the prime motivation for these agreements is if there is an agreement in place, that makes the charges reimbursable through FEMA and in past emergencies, there were no agreements and entities could not get reimbursed.  He advised Commissioner Carey that staff could provide a cover memo on the actual costs to pay and what could be reimbursed.

     Commissioners Dallari and McLean amended the motion to include advising of actual costs to be charged.  Commissioner McLean also said to state in the agreement that either party is not obligated to render assistance.  He explained there could be a situation where the County has enough of its own problems to handle.

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

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     April Boswell, Planning Manager, addressed the Board to present request for reduction of penalty for Code Enforcement Board lien, property located at 217 Flamingo Drive, Sanford (Semco-2 LLC, current owners; Michael A. and Karen G. Stevenson, previous owners), Case #99-23A-CEB.  Ms. Boswell reviewed the background of the case.

     Commissioner McLean asked if the new owners knew at the time of purchase that the property was not in compliance.  Ms. Boswell said her understanding is that the new owners did know.  Whereupon, Commissioner McLean said the new owners needed to have some reasonable time to get the property into compliance.

     Ms. Boswell said she understands that there was no dialog taking place once Semco took over the property because the fine was still running.

     Chairman Henley asked if staff notified the new owner that there was a $200 a day fine going on.  Ms. Boswell said she did not think there was specific notification to the new owner but that information was a part of the new owner acquiring the property. 

     Commissioner Carey requested the applicant be given the opportunity to make comments.

     Scott Banton, 114 Highline Drive, addressed the Board to state they have been buying foreclosed houses in Seminole County for a little over four years.  He showed pictures (received and filed) of the property after cleaning it up, pictures showing the debris and pictures of what the house looks like now.  He reviewed a timeline (received and filed) of the code enforcement issue.  He said they knew there was a lien on the property and based on documentation (copy of Order for Disbursement of Surplus Proceeds) requested by the County and the fact they were actually about to get possession of the property on May 5, they had the code violation cleared up by May 25.  Mr. Banton said he is asking if they can pay the administrative cost of $470.39.  He said he doesn’t think they should be penalized for the former owners’ violations.  He said the property is under contract to someone who is continuing to clean up the property.

     District Commissioner Carey said the applicant has done a great job in restoring the house.  She thinks there has to be some time in situations like this to allow the new owner to get things cleaned up.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a reduction to the Code Enforcement Board lien, which totals $14,000, to the administrative costs of $470.39 for Case #99-23A-CEB, property located at 217 Flamingo Drive, Sanford, and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______, Semco-2 LLC, current owners; Michael A. and Karen G. Stevenson, previous owners.

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

     Chairman Henley asked staff to put in the process that staff will follow up with a written notice so that there is a record that the owner knows the fine is continuing.  He said the new owner needs some time to clean up the property

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     Chairman Henley recessed the meeting at 11:23 a.m., reconvening at 1:30 p.m. this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk, Sandy McCann, who were present at the Opening Session. 

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

REQUEST TO VACATE & ABANDON,

KBC DEVELOPMENT INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon the unimproved public right-of-way known as Bell Road, as shown on Bell’s Subdivision Plat, located south of Orange Boulevard and just west of I-4, in Section 21, Township 19S, and Range 30E, KBC Development, received and filed. 

     Alan Willis, Development Review, addressed the Board to present the request, advising the right-of-way is not needed for public access and the proposed vacate will not hinder access to any adjacent properties.  He said letters have been received from the applicable utility companies voicing no objections to the request.  He further advised that staff recommends approval of the vacate and abandonment. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-38, as shown on page ________, vacating and abandoning the unimproved public right-of-way known as Bell Road, as shown on Bell’s Subdivision Plat, located south of Orange Boulevard and just west of I-4, in Section 21, Township 19S, and Range 30E, as described in the proof of publication, KBC Development, Inc. 

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


REQUEST TO VACATE & ABANDON,

GUNTER VILLAGE LLC

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate & abandon the unimproved public right-of-ways known as Metz Avenue, Hughey Street, East Avenue, and the 10-foot alley lying between the northerly extension of East Avenue and the northerly line of Hughey Street, all in Section 31, Township 19S, and Range 30E, Gunter Village LLC, received and filed. 

     Alan Willis, Development Review, presented the request, advising the subject rights-of-way and alley are not needed for public access and the proposed vacate will not hinder access to any adjacent properties.  He said letters have been provided from all applicable utility companies voicing no objections to the request.  He added staff recommends approval of the request. 

     No one spoke in support or in opposition. 

     Speaker Request Form from Craig Minegar in support of the request was received & filed.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-39, as shown on page _______, vacating and abandoning the unimproved public right-of-ways known as Metz Avenue, Hughey Street, East Avenue, and the 10-foot alley lying between the northerly extension of East Avenue and the northerly line of Hughey Street, all in Section 31, Township 19S, and Range 30E, as described in the proof of publication, Gunter Village LLC. 

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

LEGISLATIVE UPDATE

     Assistant County Attorney, Susan Dietrich, addressed the Board to advise two workshops are scheduled on the Juvenile cost-sharing proposal on March 1 in Tallahassee and March 2 in Miami.  She also advised that on February 13, Representative Ray Sampson, House Budget & Policy Chairman, announced that the House will not fund any committee budget requests this year.  She said there is still the possibility of funding requests for projects if they are included in State agencies and water management district requests as part of a grant program.  She identified potential new bills that were filed this week that could have fiscal impact on the County – SB 448 and companion HB 221, mandating counties to provide benefits to county court-funded employees in the same manner as benefits for county employees.  The other bill is SB 2062 introduced by Senator Baker that would remove the County’s current authority over $2 of the $4 service charge for court-related technology costs and it would give the Clerk the authority to deposit the $2 in a fund established in the principal county of that circuit to use as designated by the chief judge.  She said, essentially, the counties would lose control of the $2, but still be responsible for the court-related technology.  She said they will be closely tracking these bills through the Legislative Session that begins next week. 

     At the request of Commissioner Carey, Attorney Dietrich stated staff will provide the Board with the amount of financial impact that SB 2062 would have on the County. 

     Chairman Henley stated this is another example of the State chipping away at the local government’s control. 

     County Manager, Cindy Coto, reviewed with the Board the Property Tax Reform Analysis (copy received & filed), advising staff has continued to work with Property Appraiser, David Johnson, in looking at countywide portability and he now calculates the impact to be approximately $7.5 to $8.5 million.  She said she expects those numbers to continue to change.  Also, she said Governor Crist has recommended looking at statewide portability and she does not know how they will calculate that.  She advised the second and third pages of the handout is staff’s attempt to analyze the proposal by the House Committee on State Affairs, and the estimated reduction in General Fund revenue through FY 2007/08 is $42,523,696.  She also reviewed pages four and five showing the estimated reduction in the Fire Fund revenue.  She stated that with regard to the request made at the last BCC meeting regarding Sarasota County, staff reviewed their proposal which has five components.  The first was property tax reform which capped their revenue increases at 10%.  The second element was a business relief which established a exemption of $25,000 per taxpayer for tangible personal property (that would help some of their small businesses).  On their non-homesteaded property relief, they set that at a 10% cap with a re-evaluation upon change of ownership.  She said their portability was estimated within the county and had a renters’ relief component which staff is still trying to calculate.  She advised Sarasota has informed staff that they are looking at a $20 million reduction in their revenue stream countywide, including the school board.  She further stated it is obvious that the Sarasota proposal is far less reaching than what they are seeing from the Governor or the House.  She said that FAC has still not taken a position and their problem is that there is not really a “one size fits all” solution.  There are those counties that are already at the 10 mill cap and there are those rural counties that if the homestead exemption is doubled, the majority of the properties would be taken off the tax rolls. 

     Ms. Coto expressed her concern that with regard to the sales tax proposal, there has not been any reassurance the sales tax money generated in Seminole County would exclusively come back to Seminole County.  She said it looks like that those counties like Seminole, which have high sales tax growths, would become a donor to other counties that are not high sales tax or property tax.  She stated Ms. Spriggs has not been able to calculate the local sales tax collection yet, but that will be given to the Board as soon as it is done. 

     Ms. Coto advised that if Seminole applied the same standards as Sarasota County, there would be about a $30 million swing. 

     Commissioner Carey stated everyone agrees that they need property tax reform, but there are so many moving pieces that it is hard to get a handle on it. 

     Commissioner Van Der Weide stated it appears the State believes that they are getting into the property tax issue because the local governments have not controlled it.  He said the checks and balances of this issue is right here on local governments to lower the millage when they get the windfalls that they have had the last few years.  He said, quite frankly, the County has not done their job and now the State is coming in to help out.  He added that when the State starts helping the counties out, it gets very dangerous.  He said the County is going to have to do a better job in giving the citizens back their money, but the citizens are going to have to understand that the County cannot afford to pay for, through taxes, everything that they want.  The Board has continually said yes to everything and now the crisis is here and the State is going to help the counties out. 

     Chairman Henley stated it is always a difficult decision when things fluctuate from year to year.  He said the County has a backlog of things that need to be done to improve the quality of life for the citizens.  He said it’s not difficult to roll taxes back, but how do you continue to provide the services the citizens are demanding? 

     Commissioner McLean stated the State needs to come to the table and not keep giving the counties unfunded mandates.  He said they need to show the counties how they are going to make cuts. 

     Commissioner Carey stated she believes Seminole County has done a great job of keeping their millage down; and even if they had rolled the millage back last year or the year before, this would still be happening because this is a statewide issue.  She requested the Tallahassee dates to be firmed up as soon as possible. 

     Ms. Coto advised staff is attempting to put together information that would be disseminated, not just to the Legislative Delegation, but to all the members in Tallahassee and to do it in such as way that they would also use it as a tool for educating the citizens. 

     The Chairman stated the consensus of the Board is for staff to develop an educational piece based on the latest data received. 

CHAIRMAN’S REPORT

     Chairman Henley advised he met with Congresswoman Corrine Brown and the seven counties about her concern with FDOT operating the rail.  However, after the meeting and her seeing the plans, she seemed to have a greater comfort level.  He added that she pledged to try to get additional buses to service the rail.  She also indicated that she would work with the counties to try to acquire the post office site in Altamonte Springs for the rail. 

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     Chairman Henley advised that he had a meeting with the seven county Chairs regarding the “How Shall We Grow?” and the plan is to go back and look at all the survey information and pull out the highest-ranking items.  Also, they discussed that once the “How Shall We Grow?” ends, what happens then.  He distributed a proposal of a regional growth compact (copy received & filed) which will be considered. 

     Commissioner Carey advised that this is being discussed at the East Central Florida Regional Planning Council also. 

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     Chairman Henley stated last week he, County Engineer, Jerry McCollum, and Public Works Director, Gary Johnson, had several meetings, which were arranged by FDOT, with regard to the different scenarios as to how they can move toward development around the transit stations.  The reaction he got was that they were very receptive to trying to create a transit development around these areas. 

     County Engineer, Jerry McCollum, addressed the Board to advise when he met with the city of Sanford, they went into a lot of detail looking at two specific sites.  Yesterday the City had a workshop and they really didn’t make any kind of strong commitment one way or the other.  He further advised the City Council will be taking this item up on March 12.   He said he did indicate to City staff that they need to get an answer within the next 30 days because there are a lot of things going on and this issue needs to be cleared up.  He added that he will provide the details to the Board this week. 

     The Chairman advised FDOT indicated that they will be getting the interlocal agreements signed at the March 13 meeting, but he told them that would depend on what the Legislature does. 

     Ms. Coto stated they have established a working group that comprises the five partners (Volusia, Seminole, Orange, Osceola & the City of Orlando) which will be meeting every Friday and more often if necessary. 

COMMUNICATIONS AND/OR REPORTS

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

 1.  Public notice for Geneva Ranch permit application from the Department of the Army.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Planning & Development Director, Public Works Director, & Environmental Services Director)

 

 2.  Copy of letter dated 2/15/07 to Mayor Linda Kuhn-City of Sanford, from Chairman re: Participation in the placement of a Martin Luther King Memorial Marker on Airport Boulevard.

 

 3.  Letter dated 2/14/07 to Chairman (with attachment) from John Cirello, Environmental Services Director, re: Proposed Seminole Co. regional water treatment facility at Yankee Lake.

 

 4.  Copy of letter dated 2/15/07 to Robert Yehl, City Manager-City of Sanford (with attachment), from Cynthia Coto, Co. Manager, re: Amending the boundaries and extending the term of the Sanford Community Redevelopment Agency.

 

 5.  Letter dated 1/31/07 to Chairman (with attachment) from John Saboor, President, and Keith Station, Seminole Co. Sports Marketing Manager-Central Florida Sports Commission, re: Events in January and December activities report.

 

 6.  Copy of letter dated 2/13/07 to John Claytor, Belleview, Florida, (with attachment) from Sara Merritt, Environmental Specialist-Fla. Department of Environmental Protection, re: Pre-cut submerged timber recovery permit issued.

 

 7.  Notice of variance public hearing by the City of Lake Mary on March 1, 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, & Planning Manager)

 

 8.  Copy of identical letters to Senator Martinez, Senator Nelson, Representative Brown, Representative Feeney, and Representative Mica from Chairman re: Seminole Co. federal funding requests for FY 2008.

 

 9.  Notice of Planning & Zoning public hearing by the City of Lake Mary on February 13 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, & Planning Manager)

 

10.  Copy of letter dated 2/13/07 to Frederick Geltz (with attachment) from Gretchen R. Venn re: Receipt of volunteer appointment information.

 

11.  Letter dated 1/29/07 to Cynthia Coto, Co. Manager, from Ronald McLemore, City Manager-City of Winter Springs, re: Representation on the 17/92 Redevelopment Planning Agency.  (cc: Economic Development Director)

 

12.  Notice and agenda for the February 21, 2007 Seminole County Port Authority Meeting.

 

13.  Copy of letters with various dates from Chief Leeanna Raw, Acting Director-Public Safety, re: Appreciation for recent donations to Animal Services to the following:  Vivian Lavender; Ann Marie Burnette; The Jackson Family; The Barnes Family; Cheryl Kilgore; Deboral Nowak; Ricardo Tormos; Ginny Markley; Ann Stegeman; Melodye Murphy; Virginia Brown; Rebecca Smith; Amanda Sullivant; Velma Mirenda; Pedigree Adoption Drive; Suzanne Stacy; Kyle Monroe; Pamela Hughes; H. A. Steinmeyer; & Teresa Moughan.

 

14.  Copy of identical letters to all Seminole County Mayors from Chairman re: State of the Cities production by Seminole Government Television.

 

15.  Letter dated 2/16/07 to Chairman from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Appointment of City officials to various Boards and Committees.

 

16.  Letter dated 2/16/07 to Chairman from Cynthia Porter, Deputy City Clerk-City of Sanford, re: Mayor Kuhn representing the City on the Mayor/Managers Council (City Manager Yehl as Alternate) and on the Tourist Development Council.

 

17.  Letter dated 2/15/07 to Cynthia Coto, Co. Manager, from Robert Yehl, City Manager-City of Sanford, re: Joint Planning Agreement.  (cc:  BCC, Planning & Development Director, Planning Manager, & Co. Attorney)

 

18.  Copy of letter dated 2/20/07 to Commissioner Colleen Hufford, City of Casselberry, from Chairman re: Development and projects in Fern Park/Casselberry area.

 

19.  Copy of letter dated 2/20/07 to Pauline Vangor from Joe Gasparini, Parks and Recreation Manager, re: Appreciation for recent donation.

 

20.  Contract for services, as shown on page _______, between Seminole Co. Government and the following:  Joseph Hayou (Umpire-Slow Pitch), Lawana Stewart (Scorekeeper), David Mease, Jr. (Scorekeeper), Joseph Santora (Umpire-Slow Pitch), Jerry Sparks, Jr. (Umpire-Slow Pitch), and John Shinkle (Umpire-Slow Pitch).

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Van Der Weide expressed his appreciation to everyone for all their cards, flowers and well-wishes during his wife’s recovery from hip replacement surgery.  He also thanked staff for assisting in getting insurance issues worked out. 

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     Commissioner Van Der Weide advised that the new V.A. clinic is supposed to have a huge war memorial. 

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     Commissioner Van Der Weide left the meeting at this time.       Commissioner Carey congratulated staff for doing an excellent job in preparing the information for the State of County Address; and stated the Chairman did a great job in delivering the message. 

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     Commissioner Carey advised that she spoke to the Issue’s Committee of the Greater Seminole Chamber of Commerce about impact fees and then discussed the issue of the property tax reform.  She encouraged all Commissioners to speak to the local groups to advise them of the proposed property tax reform bills. 

     The Chairman asked Commissioner Carey to share with the rest of the Board the information on the impact fees she spoke about. 

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     Commissioner Carey advised on Saturday she attended the Geneva Farmer’s Market and spoke to Richard Creedon about the proposed Gregory Memorial and asked him to discuss the memorial with the community to get their ideas. 

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     Commissioner Carey reported that she attended the Bookertown Heritage Festival this past Saturday.  She requested staff look at the Bookertown Community Center arrangements because the center was not open and she questions the rates they are charging the citizens. 

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     Commissioner Carey thanked all the County employees who bowled on her behalf which benefited the Boys & Girls Club and Safe Harbor. 

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     Commissioner Carey advised the Brethren Reaching Out Ministries hosted a meeting on Saturday in Midway and spoke about the faith-based community working with other groups to improve the quality of life for all citizens. 

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     Commissioner Carey stated she has scheduled a meeting with the County’s Federal Lobbyist to discuss the County’s funding requests and other priorities.  She asked that if any Commissioner has any items to be brought up, they get them to her before Thursday of this week. 

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     Commissioner Carey advised the city of Sanford will be having a farmer’s market. 

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     Motion by Commissioner Dallari, seconded by Commissioner Carey to reappoint Rose Reeves as a rotating appointment to the Library Advisory Board for a term ending January 1, 2009. 

     Districts 1, 2, 4 and 5 voted AYE. 

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     Commissioner Dallari reported that the Willa Grove wall is moving forward.  He thanked DCM, Don Fisher, and Assistant County Attorney, Ann Colby, for their work on same. 

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     Commissioner Dallari asked that a new resolution in support of the Nemours Children’s Hospital be placed on the agenda for adoption. 

     The Board voiced no objections to same. 

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     Commissioner Dallari advised the Annual Golden Eagle Boy Scout Dinner is scheduled for April 2 at the Marriott in Lake Mary/Heathrow and this year’s honoree is Commissioner Carey. 

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     Commissioner Dallari stated that over the past couple of months, they have moved forward with the reuse plant for surface water out of the St. Johns River.  He asked for Board consensus for staff to work on doing some type of public education program involving UCF, SCC and the School Board. 

     Chairman Henley asked Commissioner Dallari to talk with the County Manager to determine what has already been done over the past two or three years. 

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     Commissioner Dallari asked that the first meeting in July be cancelled as has been done in the past. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to cancel the first meeting in July (July 10, 2007). 

     Districts 1, 2, 4 and 5 voted AYE. 

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     Commissioner McLean congratulated Judge Clay Simmons on being appointed the Chief Judge. 

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     Commissioner McLean discussed the charter amendments passed by the voters in November, 2006; and suggested the staff begin working on them for implementation prior to the deadline. 

     The Chairman said that individuals should take their ideas and concerns regarding the ethics ordinance to the County Manager. 

     County Attorney, Robert McMillan, advised his office has prepared a first draft on the amendment dealing with disclosure of owners of properties seeking zoning and land use changes.  He stated that the draft is being sent to the appropriate County departments to make sure it will work with their systems.  With regard to the ethics ordinance, staff is gathering information from other counties and will put that in a matrix for review.  He further advised that Director of Fiscal Services, Lisa Spriggs, is working on the draft ordinance for the audit committee amendment. 

PUBLIC COMMENT

     John Horvath, Winter Park, addressed the Board to discuss the population and growth of Central Florida and duplication of services by the cities and County.  He said he does not believe they can keep going the way they have in duplicating services. 

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     The meeting was adjourned at 3:04 p.m., this same date. 

 

 

 

ATTEST:_____________________Clerk____________________Chairman

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