BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

APRIL 24, 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, April 24, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     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 Sandy McCann

 

     Absent:  Chairman Carlton Henley (District 4)

 

     Major Joseph Knobel, Salvation Army, gave the Invocation. 

     Commissioner Bob Dallari led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-72, as shown on page _______, proclaiming May 3, 2007 as “Seminole County Farm Tour Day”. 

     Districts 1, 2, 3 and 5 voted AYE. 

     The Resolution was presented to Imogene Yarborough and John Lommerse. 

     John Lommerse addressed the Board to advise Seminole County’s agricultural community provides an economic value of $42,300,000 a year.  He said this all starts with the youth and 4-H.  He announced the Farm Tour is scheduled for May 3,


2007 (copy of brochure was received & filed) and invited all to attend. 

     Imogene Yarborough addressed the Board to express her appreciation to the Board and to Property Appraiser, David Johnson, Agriculture Appraiser, Larry Smith, and Dr. David Medley for their assistance through the years in helping to preserve agriculture land in Seminole County.  She presented plant arrangements and honey to the Commissioners, County Attorney, County Manager and staff, and Deputy Clerk of the Commission Records Office. 

     Vice Chairman Carey thanked Mrs. Yarborough and Mr. Lommerse for the plants and honey and advised that Mrs. Yarborough has been inducted in the Agriculture Hall of Fame for the State of Florida. 

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     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-76, as shown on page_______, proclaiming the week of April 16-20, 2007 as “Occupational Health Nursing Week”. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-75, as shown on page _______, proclaiming the week of April 22-28, 2007 as “National County Government Week” in Seminole County. 

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

     The Resolution was presented to Angelina Streeter from the Community Information Department. 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-74, as shown on page ________, recognizing PMH Resources for its accomplishments and appreciation for its contributions to the economic well being of Seminole County. 

     The Resolution was presented to Grant Derner, co-founder, who addressed the Board to express his appreciation to the Board and to the Incubator Program of Seminole County. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-73, as shown on page _______, proclaiming April 26, 2007 as “Seminole County Volunteer Appreciation Day”. 

     Districts 1, 2, 3 and 5 voted AYE. 

     The Resolution was presented to Administrative Aide, Diane Merkt, who is organizing this year’s appreciation dinner for the volunteers.  Ms. Merkt addressed the Board to express that it is her pleasure to accept the Resolution on behalf of all the volunteers in the County, including many employees who volunteer their time.  

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-77, as shown on page _______, recognizing Larry Dale on behalf of the citizens of Seminole County for his dedication to community service. 

     Districts 1, 2, 3 and 5 voted AYE. 

     Commissioner Van Der Weide advised the Resolution will be presented to Mr. Dale at an upcoming reception. 

COUNTY MANAGER’S CONSENT AGENDA

     County Manager, Cindy Coto, addressed the Board to advise she is pulling Item #11, Florida Boating Improvement Grant, from the agenda.  She also advised she is pulling Item #14, BAR #07-34/2001 Infrastructure Sales Tax Fund. 

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

Administrative Services

Purchasing & Contracts

 7.  Approve ranking list and authorize rate negotiations for PS-1681-06/BLH – Construction and Engineering Inspection Services (CEI) for Wekiva Springs Road from County Line to Fox Valley to Bermello Ajamil & Partners, Inc. of Orlando, FL for the construction of the Wekiva Springs Roadway improvements, pedestrian bridges and sidewalks (Not-to-Exceed $300,000). 

Support Services

 8.  Approve and authorize the Chairman to execute Lease Agreement, as shown on page _______, for Probation Satellite Office located at 134 Wilshire Boulevard, Casselberry, between Wilshire Plaza, LLC and Seminole County. 

 

Community Services

Community Assistance

 9.  Approve and authorize the Chairman to execute the Satisfactions of Second Mortgage, as shown on page _______, for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program, as follows:  Cristian A. Guillen & Bella A. Marmol; Tara Nicole Mathews; Timothy L. & Susan L. Torres; Fannie P. Black; Judith E. Hunt; and Pennie L. Joseph. 

 

Fiscal Services

Administration

10.  Approve and authorize the Chairman to execute the Revised Exhibit I, as shown on page _______, to the Emergency Management Preparedness and Assistance (EMPA) Base Grant Agreement, formalizing acceptance of an additional $40,300 from the U.S. Department of Homeland Security to assist local governments in enhancing Emergency Management Program operations.  Seminole County’s allocation is increasing by $40,340, raising the total grant award for FY 2006/07 to $143,299. 

11.  Withdrawal of request to submit a grant application to the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Grant Program to provide funding for serving the needs of recreational boating and boating-related activities; approve and authorize the Chairman to execute a coordinating Resolution; and authorize County Manager to execute other supporting documentation. The proposed application requests $37,500 with a 75% (equal to $112,500) match requirement (Lake Jesup Park). 

12.  Approval to submit a grant application to the Department of Homeland Security for the Assistance to the Firefighters Grant Program to help acquire needed equipment and services; and authorize the County Manager to execute other supporting documentation.   The proposed application requests $500,000 with a 20% match required.

13.  Approval to submit a grant application to the Florida Communities Trust (FCT) for the Florida Forever Grant Program to provide funding for the purchase of land for community-based parks that enhance opportunities for outdoor recreation; and authorize the County Manager to execute supporting documentation.  The proposed application requests approximately $585,000 with a 55% match (Jetta Point Park).

Budget

14.  Withdrawal of request to approve and authorize the Chairman to execute Budget Amendment Resolution #07-54 in the amount of $35,000 from the 2001 Infrastructure Sales Tax Fund to provide design funding for the Oviedo County Road 419 at Reed Avenue sidewalk project.   

15.  Approve and authorize the Chairman to execute Budget Amendment Resolution #2007-R-78, as shown on page _______, #07-55 in the amount of $75,000 from the Transportation Trust Fund to appropriate funds in conjunction with the County Incentive Grant Program Agreement with the Florida Department of Transportation (FDOT)/Supplemental Amendment Number (“SANS”) 2.  Funds are being reimbursed to the County to be used for post design services for the State Road 434 six-laning project, from Maitland Boulevard to State Road 436.   

16.  Approve and authorize the Chairman to execute Budget Change Request #07-12 in the amount of $295,223 from the Fire Protection Fund, which are additional funds necessary to complete the Fire Station 27 Expansion project.

 

Planning & Development

Development Review

17.  Authorize the release of the Walgreen’s at SR 46A and International Parkway Maintenance Agreement and Letter of Credit #3042 in the amount of $1,208.50 (CNL Bank) for road improvements. 

18.  Approve and authorize the Chairman to execute the final plat for Banyan Pointe Subdivision located south of West Lake Mary Boulevard and west of Longwood Lake Mary Road on 9.34 acres. 

19.  Approve and authorize the Chairman to execute the final plat for Bella Vista Subdivision located east of Sandy Lane on the south side of Sand Lake Road. 

 

Public Safety

20.  Approve and authorize the Chairman to execute Modification #1, as shown on page _______, of the Shelter Retrofit Agreement between the State of Florida, Department of Community Affairs, and Seminole County for an extension from June 30, 2007 to August 15, 2007. 

 

Public Works

Engineering

21.  Adopt appropriate Resolution #2007-R-83, as shown on page _______, and authorize the Chairman to execute the County Incentive Grant Program Agreement Supplemental Amendment Number 2, as shown on page _______, for the State Road 434 Project (Maitland Boulevard to State Road 46).

 

     Districts 1, 2, 3 and 5 voted AYE. 

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

22.  Approve proposed negotiated settlement relating to Parcel No. 109, Brown/Hattaway property for the Cross Seminole Trail Phase III project (from Longwood-Lake Mary Road to Big Tree Park).  The proposed settlement is at the total sum of $20,756.00 inclusive of all compensation to the owner, attorney fees and costs. 

Property Acquisition

23.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 148/748, JZ Riders, Inc. property, for the County Road 15 (Monroe Road) improvement project, located at 450 Monroe Road, Sanford, Florida, for $80,000.00, with no fees or expenses incurred by the property owner. 

24.  Adopt Third Amended Resolution of Necessity #2007-R-79, as shown on page ________, relating to County Road 15 road improvement project.  The project extends from S.R. 46 to Orange Boulevard (1.15 miles).  

25.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 118/718, Von Companies, Inc. property for the County Road 15 (Monroe Road) improvement project, located at 451 Monroe Road, Sanford, Florida for $220,000.00, with no fees or expenses incurred by the property owner.

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

CLERK’S OFFICE

26.  Expenditure Approval Lists, as shown on page _______, dated March 26 & April 2, 2007; and Payroll Approval Lists, as shown on page _______, dated March 22 & April 5, 2007; BCC Official Minutes dated March 27, 2007; and noting, for information only, the Clerk’s “received & filed” as follows: 

 

 1.  Amendment #2, as shown on page _______, to Work Order #11 for PS-372-97, Camp Dresser & McKee, Inc.

 

 2.  Purchase Agreement, as shown on page _______, for Permanent Easement with Edgar Bruce, Mary Ann Bruce, Lisa B. Cannavino and Laura B. Patrick, Parcel No. 849, CR 15 (Monroe Road).

 

 3.  Work Order #5, as shown on page _______, to PS-1020-06, SCS Engineers.

 

 4.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Colonial Bank, N.A.

 

 5.  Satisfactions, as shown on page _______, of Connection Fees for the following projects:  Regal Pointe Park, Lot 4; Ansara Heathrow Center, Ph. III; SR 426 Office Complex; Tuskawilla Professional Office, Lot 10; Pollo Tropical @ Oviedo Crossroads; Fairwinds Credit Union - SR 46; and 7-11 SR 436/Bear Lake Rd.

 

 6.  Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Bonyadi Properties and Byron B. Bonyadi.

 

 7.  Addendum #1, as shown on page _______, to the Third Revised and Restated NW Oregon P.U.D. Developer’s Commitment Agreement.

 

 8.  Development Order, as shown on page _______, for John Guerrina, 2061 Squirrel Run.

 

 9.  Warranty Deed, as shown on page _______, from Day International, Inc. regarding Shuman’s Addition to Eureka Hammock.

 

10.  Change Order #1, as shown on page _______, to CC-1075-06, Southland Construction, Inc.

 

11.  Basic Contract M-1978-07, as shown on page _______, Southeastern Surveying & Mapping Corp.

 

12.  Work Order #7, as shown on page _______, to RFP-0013-06, The Colinas Group, Inc.

 

13.  Work Orders #4 and #5, as shown on page _______, to PS-5183-05, DRMP.

 

14.  Work Order #4, as shown on page _______, to RFP-0225-05, MACTEC Engineering and Consulting, Inc.

 

15.  Audit of the Tourist Development Division Travel, Entertainment, and Promotional Expenses prepared by the Internal Audit Division, Clerk of Circuit Court.

 

16.  Revised Insurance Certificate, as shown on page _______, for PS-1501-06, Bowyer-Singleton.

 

17.  PS-1501-06 Master Agreement, as shown on page _______, with MACTEC Engineering and Consulting, Inc.

 

18.  Work Orders #44 and #45, as shown on page _______, to PS-5120-02, PBS&J.

 

19.  Certificate of Completion, as shown on page _______, for CC-0295-06, Price Construction, Inc.

 

20.  Work Order #42, as shown on page _______, to RFP-4214-04, Site Secure, Inc.

 

21.  Purchase Agreements, as shown on page _______, with Keith and Terri Ratchford and James and Linda Bulmer for CR 15 (Monroe Road).

 

22.  Work Orders #19, #20 and #21, as shown on page _______, for CC-1198-02, CEM Enterprises, Inc.

 

23.  Work Order #2, as shown on page _______, to CC-1284-06, Conpilog International Co.

 

24.  Work Order #53, as shown on page _______, to PS-5150-03, EMS Scientists, Engineers, Planners, Inc.

 

25.  Letter to Maryanne Morse, Clerk of Court, from Stephen F. Miller, South Seminole & North Orange County Wastewater Transmission Authority submitting the Public Facilities Report and Audited Financial Statements for Fiscal Year ended September 30, 2006.

 

26.  Work Orders #2 and #3, as shown on page _______, to RFP-4233-04, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.

 

27.  Work Order #1, as shown on page _______, to PS-1074-06, Ardaman & Associates.

 

28.  Work Order #2, as shown on page _______, to PS-0219-05, Singhofen & Assoc., Inc.

 

29.  First Amendment, as shown on page _______, to CC-1198-02, CEM Enterprises, Inc.

 

30.  Construction Agreement CC-1472A-07, as shown on page _______, Shaw Environmental, Inc.

 

31.  Second Amendment, as shown on page _______, to RFP-1091-06, The Budd Group.

 

32.  Certificate of Completion, as shown on page _______, for CC-0452-06, Conpilog International Co.

 

33.  Certified Tennis Pro Agreement, as shown on page _______, with Michael Koslik.

 

34.  Ryder and Maintenance Bond, as shown on page _______, in the amount of $74,697.39 for Preserve @ Eagle Lake.

 

35.  Change Order #3, as shown on page _______, to DB-608-04, Southland Construction, Inc.

 

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

 

37.  Certificate of Completion, as shown on page _______, for Work Order #46 to CC-1262-05, American Persian Engineers and Constructors.

 

38.  Certificate of Completion, as shown on page ________, for CC-1268-05, Central Florida Environmental Corp.

 

39.  Work Orders #29 and #31, as shown on page _______, to CC-1267-05, KMG Fence, LLC.

 

40.  Certificate of Completion, as shown on page _______, for Work Order #54 to CC-1212-03, Corinthian Builders.

 

41.  Copy of letter to County Manager Cindy Coto from Maryanne Morse, Clerk, regarding the Courthouse Annex building.

 

42.  Master Contract, as shown on page _______, for health insurance with United Healthcare.

 

43.  Community Service Agency Agreement, as shown on page _______, with the Deaf Service Bureau of West Central Florida, Inc.

 

44.  Amendment #1, as shown on page _______, to Work Order #16 for PS-5190-05, CH2M Hill.

 

45.  Amendment #1, as shown on page _______, to Work Order #34 for RFP-4214-04, Site Secure, Inc.

 

46.  Amendment #1, as shown on page ________, to Work Order #40 for RFP-4214-04, Site Secure, Inc.

 

47.  Bids as follows:  CC-1472A-07; IFB-600160-07; and DB-1770-0. 

 

SHERIFF’S OFFICE

27.  Expenditure of $5,000 from the Law Enforcement Trust Fund to provide funding in support of Envision Seminole County. 

 

Districts 1, 2, 3 and 5 voted AYE. 

REGULAR AGENDA

     Assistant Planning Manager, Tina Williamson, addressed the Board to present the First Amendment to the Seminole County/City of Oviedo Joint Planning Agreement.  She reminded the Board that the City and County entered into the JPA on October 2, 2006, in order to provide for joint land use planning, continuation of intergovernmental coordination, and cooperation.  The JPA designated four transition areas within the Joint Planning Area and defined Transition Area 1.  The JPA provided that the City and County would work together to define Transition Areas 2, 3, and 4, and incorporate specific standards into Exhibit C.  Since the JPA was executed, the City and County have worked to define the remaining Transition Areas and have agreed to the following:  Transition Area 2 will be redrawn on the FPA map “Exhibit A”.  Evaluating development and environmental patterns of Transition Area 2 revealed limited development potential due to the Econlockhatchee River Protection Area, wetland and floodplain areas, and a Future Land Use designation of Rural 5 for a majority of the area.  The County and City agree to no longer designate this Area as transitional except for two parcels (ID #24-21-30-300-002A-0000 & #24-21-31-300-0020-0000).  These parcels are in the unincorporated urban area on the south side of CR 419, east of Willingham Road.  The parcels abut the City and have a Future Land Use designation of Low Density Residential.  The City and County agree that these two parcels may take the form of neighborhood office, supporting the adjacent local community.  Transition Area 3, as originally proposed, will be removed from the JPA.  This removal does not amend the Rural Study, nor preclude the County from accepting applications for transitional land uses or rezonings within that or any other area of the County.  Transition Area 4, as shown on Exhibit A, will be renamed Transition Area 3.  Copy of revised language was received and filed. 

     At the request of Commissioner Dallari, County Attorney, Robert McMillan, reviewed the revised language.  He stated the real concern with the property owners was the language in the Agenda Memorandum, and that language has been stricken and the revised language has been included. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to approve the First Amendment, as shown on page _______, to the Seminole County/City of Oviedo Joint Planning Agreement, as revised; and authorize the Chairman to execute the amended agreement. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     Dr. David Medley, Director of Community Services, addressed the Board to invite participation in the Central Florida Regional Commission on Homelessness (CFRCH) and to appoint members to same.  He advised that he has received the following nominations from Commissioners for appointments to the CRFCH:  District 1 – Krissy Todd; District 2 – Paul Partyka; District 4 - Paul Sladek; and District 5 – Bernedette Hardy-Blake. 

     Upon inquiry by Commissioner Van Der Weide, Dr. Medley advised the estimated cost association with the committee is $15,000 to $20,000 per jurisdiction.  He said he will bring the specific amount back to the Board once the operating costs are determined. 

     Commissioner Van Der Weide nominated Keylor Chan for his District 3 appointment. 

     Upon inquiry by Commissioner Dallari, Dr. Medley stated he will update the Board on a timeline and a scope of work for the committee once it is established. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to accept invitation to participate in the Central Florida Regional Commission on Homelessness (CFRCH): and appoint the following:  District 1 – Krissy Todd; District 2 – Paul Partyka; District 3 – Keylor Chan; District 4 - Paul Sladek; District 5 – Bernedette Hardy-Blake; and Dr. David Medley, Community Services Director, as the sixth member of the Seminole County delegation. 

     Districts 1, 2, 3 and 5 voted AYE. 

COUNTY MANAGER’S BRIEFING

     County Manager, Cindy Coto, advised this is a follow-up to the presentation at the last BCC meeting on the Emergency Warning System. 

     Steve Watts, Emergency Management Manager, addressed the Board to advise staff has worked on the implementation measures since the last Board meeting and Mr. Harris will make a presentation with regard to same. 

     Alan Harris, Emergency Management Operations Manager, addressed the Board to give a PowerPoint presentation (copy received & filed) on the timeline and funding proposal for the Emergency Warning System.  He advised the Multimodal approach is an ongoing process.  He said the website is due for launching May 14 and is currently on schedule.  The Guidebook is scheduled for production on May 14 also.  With regard to the billboards, he said the art work has been done and they are seeking Board direction to move forward with a June 1st date.  SGTV Programming is being done in-house and staff is looking to have that completed by July 1st.  He stated that public education is an ongoing process and the staff is looking to have E-Alert (text messaging) completed by June 1st. 

     Mr. Harris discussed the cost proposal for the Emergency Warning System, advising the Multimodal process is at no cost and is ongoing in-house.  The website has already been purchased internally; and the Guidebook production and distribution is estimated at $27,404.  The cost for the Billboards is $2,500.  The SGTV Programming will be done in-house at no cost; and the Classroom Education will be a limited cost, which will include the purchase of DVD’s and printed materials.  He advised that the E-Alert System cost is $225,000 for installation, training and hardware, along with $40,000 a year for upgrades and maintenance.  He said they already have a $60,500 Homeland Security Grant that can go toward this system.  He further said that they are seeking Board approval to move on the immediate and short-term goals which would include transferring funds from the General Fund Contingency in an amount of $192,404 which encompasses the Guidebook, the Billboard Project and the E-Alert System with the discount.  Also, they are requesting authorization for the $40,000 that they have already attained so it can be moved forward for this project. 

     Upon inquiry by Commissioner McLean, Steve Olson, Community Relations Director, addressed the Board to advise they are looking at an arrangement for the digital billboards, which, he believes, would be very low cost.  He said the digital billboards are attractive because they can do multiple messages including public service announcements. 

     Upon further inquiry by Commissioner McLean, Mr. Harris stated the Board did give staff direction to come back on the immediate and short-term goals, specifically, because of the start of Hurricane Season on June 1st; but they are looking at long-term goals as well and developing a scope of work for that. 

     County Manager, Cindy Coto, stated that because this affects incorporated as well as unincorporated residents, she believes it is appropriate to have the funds come out of the General Fund. 

     Vice Chairman Carey stated she believes there are other grants available, both Federal and State, for emergency notification that the staff can pursue. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to approve the presentation for the Emergency Warning System (timeline & funding measures), as outlined by staff; approve the immediate and short-term items; and approve the funding as presented, including adoption of appropriate Budget Amendment Resolution #2007-R-84, as shown on page _______. 

     Districts 1, 2, 3 and 5 voted AYE. 

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     County Manager Coto distributed copies of Memorandum (copy received & filed) dated April 23, 2007, regarding Code Enforcement, advising after the April 10 BCC meeting, she met with the Sheriff’s Office regarding concerns expressed by the Board and staff.  She reminded the Board that the Interlocal Agreement between the Sheriff and the BCC can be renewed for a two-year period if no alternate action is taken prior to May 1, 2007.  She said she relayed to Sheriff Eslinger the concerns relating to call-in protocol and relating to violations of development orders, borrow pit operations, site plan compliances, and zoning enforcement.  Based on that meeting, a suggestion was made that a Memorandum of Understanding could be used to clarify the duties and responsibilities.  She briefly reviewed the three options that are before the Board at this time:  (1) Allow the Interlocal Agreement to be renewed automatically for a two-year period, and authorize the County Manager to negotiate and approve a Memorandum of Understanding (MOU); (2) Terminate the Interlocal Agreement and authorize staff to negotiate a new agreement addressing the issues to be brought back to the BCC; or (3) Terminate the Agreement and assume responsibility for Code enforcement effective October 1, 2007. 

     Upon inquiry by Commissioner McLean, Ms. Coto advised a stipulation of the MOU would be a process of e-mail notification between the County and the Sheriff’s office updating information and status of complaints.  She said that there would also be regular reporting on a quarterly basis. 

     Vice Chairman Carey asked if Ms. Coto was confident that she could negotiate a successful MOU if the Board allowed the agreement to be automatically renewed.  Whereupon, Ms. Coto stated that based on the discussions with the Sheriff’s Office she was confident an agreement could be worked out. 

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to allow the Interlocal Agreement with the Sheriff’s Office on Code Enforcement to be automatically renewed for a two-year period; and authorize the County Manager to negotiate a Memorandum of Understanding. 

     Districts 1, 2, 3 and 5 voted AYE. 

COUNTY ATTORNEY’S BRIEFING

     County Attorney, Robert McMillan, advised that he is in receipt of a Federal lawsuit packet filed by Alan Davis where current (with the exception of Commissioner Mike McLean) and past Commissioners and County employees (total of 131 people) have been named.  Also, named are the State Attorney, Public Defender and Judicial offices and Code Enforcement Board members.  He said it is his intention to represent all current and former employees, Code Enforcement members and Commissioners if the insurance company does not object.  He stated that under Federal rules, documents will be distributed for everyone involved to sign authorizing the County Attorney’s Office to defend them. 

     Vice Chairman Carey requested Mr. McMillan to meet individually with Commissioners for a briefing on same. 

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     The Vice Chairman recessed the meeting at 10:50 a.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

 

PROOFS OF PUBLICATION

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

     Districts 1, 2, 3 and 5 voted AYE.

PUBLIC HEARINGS

REZONE/Robert Dietz

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone 4.76+/- acres located on the south side of Sand Lake Road, 500 ft. west of the intersection of Sand Lake Road and Sandy Lane from A-1 (Agriculture) and R-1AAA (Single-Family Dwelling) to R-1AA (Single-Family Dwelling), Robert Dietz, received and filed.

     Ian Sikonia, Planning, addressed the Board to present the request.  He stated the Future Land Use Designation of the subject property is Low Density Residential, which allows four dwelling units per acre.  Two PUDs were taken into account in the lot size compatibility analysis; one was Fox Run and the other Wekiva Hunt Club.  He said R-1AAA zoning district is located to the north and to the south is A-1 zoning district.  Staff determined that the analysis does support the requested rezone to R-1AA.  Staff recommends approval of the request.

     Robert Dietz, applicant, addressed the Board to state he will be glad to answer any questions.

     No one spoke in support or in opposition.

     District Commissioner Van Der Weide stated this brings back a lot of memories because it is close to Sandy Lane and there was a lot of public input from the neighborhood for that item.

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to enact Ordinance #2007-15, as shown on page _________, approving rezoning of 4.76+/- acres located on the south side of Sand Lake Road, 500 ft. west of the intersection of Sand Lake Road and Sandy Lane from A-1 (Agriculture) and R-1AAA (Single-Family Dwelling) to R-1AA (Single-Family Dwelling), as described in the proof of publication, Robert Dietz, based on staff findings.

     Districts 1, 2, 3 and 5 voted AYE.

SHIP LOCAL HOUSING ASSISTANCE PLAN

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to enact an Ordinance amending Part 12 of Chapter 40, Seminole County Code; adopt a Resolution approving the 3 year SHIP Local Housing Assistance Plan (LHAP) for Fiscal Year 2007/2008 through 2009/2010; and approval to submit the proposed LHAP to the Florida Housing Finance Corporation, received and filed.

     David Medley, Community Services Director, addressed the Board to refer to the following changes to the SHIP Local Housing Assistance Plan (LHAP):  (1) Third paragraph on page 5, Item N, the words “approved by” is replaced by “noticed to”; (2) Second paragraph from the bottom of page 8, the words “unforgiven portion of” was inserted, and in the last paragraph, the following words were inserted, “at the option of the Board of County Commissioners” and “within the affordability period”; and (3) First paragraph of Page 16, the following words were deleted, “in order to be eligible for this development, applicants will be required to demolish their dilapidated unit, but may retain ownership of the land”.  That will be dealt with through the Community Development demolition funds as appropriate.

     Alice Gilmartin, Community Assistance, addressed the Board to display a PowerPoint Presentation (received and filed).  She stated the original ordinance was adopted in 1993 and since then there have been several changes in the program.  It was advertised and staff sought public input by running an ad in early March to receive comments.  The primary reason for this public hearing is to update the three-year housing assistance plan and staff was here in January to revise the existing LHAP.  She began her presentation by recapping What Are We Doing Currently with regard to First Time Homebuyers; Forgivable Deferred Loans; Maximum Purchase Price of Homes; and Loans are Secured by a Promissory Note.  She continued her presentation by reviewing Where Are We Going relating to the Proposed Strategy and Policy Changes for BCC Approval. 

     Mr. McMillan left the meeting at this time.

     Ms. Gilmartin continued by reviewing the Subsidy Amounts and Equity Sharing. 

     Mr. McMillan reentered the meeting at this time.

     Ms. Gilmartin stated staff is recommending approval of the ordinance, resolution, Exhibit D (Certification), and the proposed 3-year SHIP LHAP; and authorization for staff to submit the proposed LHAP to the Florida Housing Finance Corp.

     Upon inquiry by Commissioner McLean, Ms. Gilmartin advised the dollars are used to fund this program from the recapture fund, and they will not be adjusting the annual distribution but will be targeted for the low and very low income. 

     Ms. Gilmartin discussed with Commissioner Dallari how the equity sharing will be defined.

     Mr. Medley stated staff will come back to the Board with proposals on how to implement the equity sharing.

     Vice Chairman Carey requested that staff come back with a policy on equity sharing.

     Upon inquiry by Vice Chairman Carey, Ms. Gilmartin advised it is very difficult to provide housing for extremely low income.  She stated the Florida Planning Group indicated that it is currently not a requirement of the Florida Housing Finance Corporation or a statutory requirement that they provide X amount of money to extremely low income.  However, that may happen in this year’s legislation.  Staff is administering a hurricane housing recovery program and it does have requirements for extremely low income.

     Vice Chairman Carey requested that staff make sure that repayment policies will be implemented.

     Arnold Schneider, County Attorney’s Office, addressed the Board to inform Vice Chairman Carey that page 7 does specify that purchase assistance to moderate income homes will come from program income only or recaptured funds. 

     Vice Chairman Carey stated in January the Board discussed changing the first-time homebuyer assistance and hopefully that will be changed so that people will know that this is not a first-time homebuyer program.

     Mr. Medley stated that can be clarified more in the publications and announcements regarding the program.  That terminology is consistent to where they can spell out in detail, what qualifies in that program.

     Discussion ensued relative to how many people have been helped with this program.

     No one spoke in support or in opposition.

     Robert McMillan, County Attorney, referred to a couple of corrections in the ordinance.  He stated on page 3, under Definitions of the Community Development Administrator section, the word County Manger will be corrected to Manager, as well as other areas that it may be misspelled.  He referred to the bottom of page 21, creating Affordable Housing Advisory Committee pursuant to Resolution, the words pursuant to Resolution will be replaced with “by the Board”. 

     Vice Chairman Carey stated a committee was established when this program was first put in place and it was terminated at some time and she feels it would be advantageous to reestablish this advisory board so they can help oversee this program.  She said she is looking for staff to come back to the Board with a policy of how this will be implemented so they can have further discussion about equity sharing.  The Board directed staff in January to adopt this at that time and to come back with a flexibility idea that if an individual received assistance and they sold out early, they would have to repay the debt.

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to enact Ordinance #2007-16, as shown on page _________, as modified, amending Part 12 of Chapter 40, Seminole County Code; adopt appropriate Resolution #2007-R-80, as shown on page _________, as modified, approving the 3-year SHIP Local Housing Assistance Plan (LHAP) for Fiscal Year 2007/2008 through 2009/2010; authorize staff to submit the proposed LHAP with the modified language to the Florida Housing Finance Corporation (FHFC); authorize the Chairman to execute Exhibit D (Certification to the FHFC), as shown on page _________, of the LHAP; and authorize staff to come back with a policy in 60 days.

     Under discussion, Commissioner Dallari stated he doesn’t think they should put a time limit on this as they do not have an idea how long that will take.

     Districts 1, 2, 3 and 5 voted AYE.

VACATE AND ABANDON/Larry & Ilene Glynn, et al

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Vacate and Abandon a portion of the unimproved public right-of-way known as Center Street, as shown on Hi-Alta, Little Acres, Block D and E, and as shown on Bear Lake Heights Block C, consisting of 0.549+/- acres, Larry E. & Ilene Glynn, Douglas M. & Brenda K. Campbell, Kevin J. & Lillian J. Coleman, Brian C. & Cheryl G. Hammerly, James E. Chambers, and Randolph L. & Teresa A. Coomes, received and filed.

     Alan Willis, Development Review, addressed the Board to state the applicants are requesting the vacate to increase their lot sizes.  He stated the subject right-of-way is not needed for public access and it will not hinder access to any adjacent properties, however, a 15-foot Drainage Easement is required by the Public Works Department across the southern end of the proposed request for maintenance of an existing drainage ditch.  The applicants have provided letters from the applicable utility companies indicating they have no objections to the request.  The proposed request complies with the requirements and the authority for vacating a right-of-way under the Florida Statutes.  Staff recommends approval of the request with a 15-ft. Drainage Easement across the southern end of the requested right-of-way vacate. 

     Larry Glynn, 9382 Junior Avenue, addressed the Board to state he is here to support the application and he appreciates staff’s work on this.

     No one else spoke in support or in opposition.

     Speaker Request Form was received and filed.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-81, as shown on page _________, vacating and abandoning a portion of the unimproved public right-of-way known as Center Street, as shown on Hi-Alta, Little Acres, Block D and E, and as shown on Bear Lake Heights Block C, consisting of 0.549+/- acres, as described in the proof of publication, Larry E & Ilene Glynn, Douglas M. & Brenda K. Campbell, Kevin J. & Lillian J. Coleman, Brian C. & Cheryl G. Hammerly, James E. Chambers, and Randolph L. & Teresa A. Coomes.

     Districts 1, 2, 3 and 5 voted AYE.

VACATE AND ABANDON/Robert G.

and Diane M. Dello Russo

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Vacate and Abandon a 20-foot platted drainage and utility easement on Lots 1 and 2; and a 20-foot platted drainage and utility easement on Lots 2 and 3 located at 3105 Legacy View Cove, Longwood, Florida, further described as Lots 1, 2, and 3, Alaqua Lakes Phase 8, Robert G. & Diane M. Dello Russo, received and filed.

     Alan Willis stated the applicant is requesting the proposed vacate to accommodate a single-family residence that is to be built on all three lots off Legacy View Cove.  The applicant has provided letters from the applicable utility companies indicating no objections to the request.  Staff recommends approval of the request.

     No one spoke in support or in opposition.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-82, as shown on page ________, vacating and abandoning a 20-foot platted drainage and utility easement on Lots 1 and 2; and a 20-foot platted drainage and utility easement on Lots 2 and 3 located at 3105 Legacy View Cove, Longwood, Florida, further described as Lots 1, 2, and 3, Alaqua Lakes Phase 8, as described in the proof of publication, Robert G. & Diane M. Dello Russo.

     Districts 1, 2, 3 and 5 voted AYE.

LEGISLATIVE UPDATE

     April Boswell, Assistant County Manager, addressed the Board to advise the Legislature met at 12:00 p.m. today to work out some type of negotiation on the property tax reform issue.  The House is adamant on having some type of Constitutional amendment to address part of the property tax issue, and the Senate is trying to handle things through statutory provisions.  She stated they will come back at 6:30 p.m. to determine where they can and cannot meet.  She added Senator Webster indicated that he felt the Constitutional amendments would not pass.

     Lisa Spriggs, Fiscal Services Director, addressed the Board to submit copies of the Senate proposals and the five-year impacts of the General and Fire Funds (both received and filed).  She continued by reviewing the proposed Statutory Amendment, SB 1020.  She reviewed the millage rate for five years and what the impact will be for those years.  She continued reviewing the Constitutional Amendments November 2008, SJR3034, (first-time homebuyers, portability of SOH, and Tangible Personal Property).  She reviewed SB 1022 regarding affordable housing property being assessed on the basis of their actual rental income, and SB 560, transparency of local government budgets and revenues and valuation issues. 

     Upon inquiry by Vice Chairman Carey, Ms. Boswell advised there has not been any discussion with the lobbyist regarding what the timing may be for going back to Tallahassee before the session ends. 

     Upon further inquiry by Vice Chairman Carey, Ms. Boswell advised she spoke to Mr. Brantley and there are two items they are tracking, one is the museum and the other is the Sweetwater Cove project.  Staff knows that the funding for the museum will likely be in the budget, but they are still working on getting the Sweetwater Cove project in the budget.  Staff will not know until the budget is finalized and those dollars get appropriated.  She informed the Board that SR 46 project is not in the 5-year plan and it is not going to be funded.

     Upon inquiry by Commissioner Dallari, Ms. Boswell advised they were not successful in getting monies reapportioned in the budget for road projects and that is why they had to cut monies from their 5-year plan.

     Vice Chairman Carey requested staff obtain a list of those who are on the Appropriation Committee for the museum monies.

     Commissioner Van Der Weide stated Senator Webster is a critical person to notify, as well as Dean Cannon who has been appointed as negotiator for Central Florida, and these people need to be lobbied.

     Vice Chairman Carey requested that staff keep the Board aware of any changes.

     Ms. Spriggs stated one issue the Senate will be discussing this evening is what impact the tax bill will have to a citizen. 

     Vice Chairman Carey stated she feels the tax initiatives are an important number they need to get out to the people.

     Cindy Coto, County Manager, stated there was a very good article in the Orlando Sentinel last Sunday on the different types of homeowners under different plans and what the savings were.

     Commissioner Van Der Weide stated the County has to look at this in such a way that the citizens are looking for immediate relief, and they are being promised potential caps that will affect the County.

     Vice Chairman Carey stated most of the people that she spoke to were shocked about the property tax issue when they moved from one home to another and their tax bill increased.

     Commissioner Dallari referred to SB 2434, electronic slots, and stated page 10 deals with video lottery terminals and the zoning of those pari-mutuel facilities.  He stated what this does is remove the local control out of the County and the County’s Charter would be null and void in reference to video lottery.  A copy of the proposed bill was received and filed.

     Mr. McMillan stated he is not sure how this will affect the County’s charter provision and he is not sure what they preempted when they included it in the charter.  He stated the provision says that any expansion or construction of the facilities to accommodate video lottery terminals is not subject to review under land use zoning or site plan review or concurrency.   Setting aside the fact that it is for video lotteries, that would mean they could double the size of the pari-mutuel facility to house video machines without having a site plan review, or deal with parking requirements, or deal with concurrency requirements, and could have total exemptions from the zoning and land use control.  It is not an ordinance or a regulation, but a charter provision. 

     Upon inquiry by Commissioner Dallari, Mr. McMillan advised it sounds like you don’t have to come to the County for anything, but the County might be able to enforce the charter provision anyway.  It does things that may be more serious than preempting the charter. 

     Vice Chairman Carey recommended that Mr. McMillan review this and come back to the Board before the next meeting.

     Mr. McMillan stated he received an e-mail about this bill from Tom Wilkes of Orange County advising him of this.

     Commissioner Dallari stated he has concerns of how this will affect Seminole County.

     Mr. McMillan stated he doesn’t think there is any question that they should be opposing this.

     Commissioner Dallari stated he feels the Board should oppose this and they should ask their lobbyist to check into it.

     Mr. McMillan suggested sending a letter or resolution immediately opposing the bill.

     Upon inquiry by Commissioner Van Der Weide, Ms. Boswell advised there is no companion House bill to this, but staff can send information to the Florida Association of Counties and directly to the committee that will hear this bill.

     Vice Chairman Carey stated she feels they should alert FAC of this and prepare a letter of opposition to be sent to the Delegation as well as some of the Chairs of the committees that this will go through.

VICE CHAIRMAN’S REPORT

     Vice Chairman Carey stated she attended a community meeting on April 17 in Lockhart and she would like to thank staff and the citizens for attending.  She stated they had a great dialogue on issues regarding drainage and water and sewer.

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     Vice Chairman Carey thanked the Community Development and the legal staff for working through lunch in getting the revisions on the LHAP Agreement done.

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     Vice Chairman Carey reminded the Board of a Volunteer Appreciation Dinner being held on Thursday, April 26.  She thanked all the volunteers and Diane Merkt, Commissioner Dallari’s Aide, for organizing the dinner. 

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     Vice Chairman Carey stated Progress Energy is holding a tree giveaway on Saturday, April 28, 2007, at their office in Lake Mary from 9:00 a.m. to 2:00 p.m.  She stated the Audubon Society will be in attendance as well to do presentations. 

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     Vice Chairman Carey acknowledged the 56th annual National Day of Prayer on May 3 and she read an excerpt from President Bush’s Proclamation. 

 

 

COMMUNICATIONS AND/OR REPORTS

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

1.        Letter dated 04/10/07 to Chairman from William Blanton, Mitigation Division Chief, Federal Emergency Management Agency, re: Acceptance of modified flood elevation determinations.  (cc:  BCC, Co. Manager, Planning & Development Director, Property Appraiser)

 

2.        Letter dated 04/12/07 to Property Owner from City of Oviedo re: Notice of Future Land Use Change Comprehensive Plan Amendment Public Hearing.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Assistant Co. Manager, Co. Attorney, Planning & Development Director)

 

3.        Copy of letter dated 04/16/07 to Paul Sladek (with attached resume) from Gretchen R. Venn, Executive Assistant, re: Receipt of volunteer information form.

 

4.        Letter dated 04/11/07 to Chairman from Diane Pickett Culpepper, Bright House, re: Upcoming changes to channel lineup.

 

5.        Copy of letter dated 04/16/07 to Alan Lunin (with attached resume) from Gretchen R. Venn, Executive Assistant, re: Receipt of volunteer information form.

 

6.        Copy of memorandum dated 03/23/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County Records.

 

7.        Copy of memorandum dated 03/30/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County Records.

 

8.        Copy of memorandum dated 04/06/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County Records.

 

9.        Copy of memorandum dated 04/13/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County Records.

 

10.         Notice of City of Altamonte Springs Public Hearing to consider street rename on May 15, 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Addressing, Property Appraiser)

 

11.         Letter dated 04/04/07 (with attachment) from Carol Foster, City Clerk-City of Lake Mary, re: Annexation Ordinance voters approved.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Co. Attorney, Property Appraiser)

 

12.         Notice and agenda for April 18, 2007 Seminole Co. Port Authority meeting.

 

13.         Contract for services, as shown on page _________, between Seminole County Government and the following:  Jane Leigh Koubek (Umpire and referee for tennis tournaments), Dan Murwin (Umpire), Susi Tims (Umpire and referee for tennis tournaments), Robin Neilen (Umpire slow pitch softball), Michael Luffler (Umpire and referee for tennis tournaments), and Steven Jeantet (Umpire and referee for tennis tournaments).

 

14.         Copy of letter dated 04/17/07 to Carla Wilson from Chairman re: Proposed changes to County’s Code - Animal Protection.

 

15.         Letter dated 04/10/07 to BCC from Eloise Shalstrom, Senior Planner-City of Winter Springs, re: Notice of Public Hearing on Large Scale Comprehensive Plan Amendment and Rezoning.  (cc:  Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager, Co. Attorney)

 

16.         Letter dated 04/12/07 to BCC from Lynn Whitcomb, Director of Public Affairs-The Church of Jesus Christ of Latter-Day Saints, re: Appreciation for conduct and concerns at a recent public hearing.  (cc:  Co. Manager)

 

17.         Copy of letter dated 04/17/07 to Michael Martin, Chairman-Greenways and Trails Committee, from Chairman re: Trail overpass signage.

 

18.         Contract for services, as shown on page ________, between Seminole County Government and the following:  John Landani (Umpire) and Jason Smith (Scorekeeper Slow Pitch Softball).

 

DISTRICT COMMISSIONERS’ REPORT

     Commissioner Dallari stated the employee picnic was held this past Sunday at the Red Bug Lake Park and he would like to thank all the County employees that attended.

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     Commissioner McLean stated the National Day of Prayer event is growing.  He stated the Seminole County YMCA is having an event on Thursday, May 3, from 7:00 a.m. to 8:30 a.m. and there will be a number of religious groups attending.  He said he would like to invite everyone to attend the Prayer Breakfast. 

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     Commissioner McLean stated he attended the 20th annual Commission of Education Business Recognition Awards in St. Petersburg and Seminole County was given an award of excellence and he presented same to the Board.  He stated Seminole County is the only county recognized for this statewide award. 

     Vice Chairman Carey stated this is a Florida Education Foundation award and it is for outstanding support for education.

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     Commissioner McLean stated a number of people were involved in the various Relay for Life events for the American Cancer Society.  He stated he was involved in the one in Lake Mary and they raised just under $150,000, and this is a record year for the American Cancer Society in Seminole County.

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     Commissioner Van Der Weide stated a Prayer Breakfast is going on in Seminole County at the United Methodist Church on 17-92 and the Sheriff will be participating in that.  He stated he will not be able to attend as he will be out of town.

COMMITTEE REPORTS

     No Report.

COUNTY MANAGER’S REPORT

     No Report.

 

ITEMS FOR FUTURE AGENDA

     No Report.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:56 p.m., this same date.

 

 

ATTEST______________________Clerk_____________________Chairman

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