BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JUNE 26, 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, June 26, 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 Dick Van Der Weide (District 3)

†††† Commissioner Michael McLean (District 2)

†††† County Manager Cindy Coto

†††† County Attorney Robert McMillan

†††† Deputy Clerk Eva Roach

 

†††† The Invocation was given by Commissioner Van Der Weide.

†††† Commissioner McLean led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

†††† Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2007-R-117, as shown on page ________, declaring June 30, 2007 as ďJim Logue DayĒ.

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

†††† The Resolution was presented to Mrs. Joanne Logue who addressed the Board to express her appreciation.

†††† David Logue, Mr. Logueís son, addressed the Board to thank the Board for the resolution and stated his dad would have been privileged, humbled and proud of the effort he put forth so the generations can enjoy this place.

-------


†††† Ray Valdes, Tax Collector, addressed the Board to present a proposal for a Drivers License Business Office.He stated he submitted five pages (copy received and filed) to the Board on this subject and he would like to inform everyone that his office is now prepared to get into the business of providing driver licenses services on a limited basis.He stated he began in 1995 trying to find a way to involve tax collectors in issuing drivers licenses as he felt they were the best public official for taking over that service.All of the tax collectors have been involved in trying to get a bill passed through the House and Senate for many years. He said he is planning to open up an office around the Lake Mary/I-4 interchange area and it will be a full-service office that the citizens can go to renew their driver licenses.It is not his intent to serve any illegal immigrants or issue first-time driver licenses.His intent is to get his feet on the ground on how to do this best and to best serve the citizens.He stated he gave the Board a three-year out of a five-year projection and he is looking at assuming full responsibility for all driver licenses, but he doesnít plan to do that for at least three to four years.He said he wanted assurance from the Dept. of Highway Safety & Motor Vehicles that they would not close this office once he gets started.Seminole County used to have three driver licenses office when it was a smaller county and now it is a larger county and it only has one office.Two out of five of the neighboring Tax Collector offices serve driver licenses to the public.The Winter Springs driversí license office is a good organization but he feels the citizens are being underserved.His office will be pulling around $1.5 million to $2.5 million out of the $6 million he normally returns to the Board each year.

†††† Chairman Henley stated he appreciates Mr. Valdesí desire to serve the citizens, but this is not a good time to come to the Board for this request.He stated he has mixed emotions on what Mr. Valdes is trying to do because of the impact it is going to have on revenue and their ability to serve the citizens, but he understands the need for it.

†††† Commissioner Carey stated her biggest concern is if they provide the service before a bill is passed, she would like to know what the incentive is in trying to get it passed to actually fund this.††

†††† Mr. Valdes stated he understands what the Board is saying, but the current driverís license office is in Winter Springs and they do over 700 transactions a day.That office only has 18 people serving the public and all of them are not committed to driverís licenses.He said he spoke to the Hillsborough County Tax Collector and they are meeting with the Dept. of Highway Safety Motor Vehicles Executive Director for the purpose of drafting the concept of a bill.Therefore, he feels there is light at the end of the tunnel.He said $1.5 million to $2.5 million will be the start-up cost depending on whether they buy or lease a facility.

†††† Commissioner Dallari stated he feels service to the people is their primary concern, and he believes Mr. Valdes is going down the right avenue.He stated he feels everyone needs to put a good foot forward and he has confidence in the world that, as time progresses, this will be a revenue source for them.

†††† Commissioner McLean stated Mr. Valdes has spent 12 years trying to get Tallahassee to see the light and hopefully they will see it.He stated he also feels that service to the citizens should be their focus and Mr. Valdes is going about this the right way.

†††† Mr. Valdes explained to Commissioner McLean how he is going to look at buying a facility opposed to renting one.He stated the one thing he needs from the Board is if he opens an office in Lake Mary he is out of the County seat, and he needs to have the Boardís consent to collect ad valorem taxes.

†††† Commissioner Van Der Weide stated he can attest to the fact the Winter Springs facility is crowded as he tried to renew his license.

†††† Upon inquiry by Commissioner Carey, Mr. Valdes advised if he opens a branch office outside the County seat, he would need authorization from the Board to collect ad valorem taxes at that facility.

†††† Robert McMillan, County Attorney, addressed the Board to state he needs to research as to whether or not the Tax Collector can collect the taxes outside the County seat or they will have to expand the County seat.He stated he would have to know the basis of this and he would like to review same and bring it back to the Board.

†††† Mr. Valdes stated he would like the Board to authorize the Tax Collector to collect ad valorem taxes within any branch office in Seminole County.

CONSENT AGENDA

†††† Cindy Coto, County Manager, addressed the Board to clarify Item #14, request to approve Educational Facilities Revenue Bonds, advising the hearing was conducted in Orange County on June 19, 2007 and there were no public comments.She stated that the School Board has some concerns with Item #41, Lake Mary Swimming Pool Interlocal Agreement, and staff will be meeting with them to discuss those issues.She advised that staff is recommending that this item be pulled from the agenda at this time.

†††† Commissioner Carey stated the County is paying $138,000 to do a HVAC service study, Item #17, BCR #07-20, and part of her concern is the County is paying $975,000 a year for a maintenance contract, and in her experience when they receive reports, that lays out what they need to do and what they anticipate for replacement costs.

†††† Commissioner Dallari stated he has similar concerns on this item and he would like to pull it for discussion.

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

Administrative Services

Facilities Maintenance

3.Approve and authorize the Chairman to execute Agreements, as shown on page _________, with Florida Power & Light Corporation (FP&L) to install, maintain, and operate additional light fixtures at Cameron Wright Park & Lake Jesup Park. The total costs for both parks will be $196.45 per month.

 

Purchasing and Contracts

4.Approve Amendment #2, as shown on page _________, to RFP-4156-02/BJC with Florida N-Viro, L.P., Daytona Beach, to increase the not-to-exceed amount over the term of the contract to $1,600,000.00; and authorize a rate increase identified in Exhibit B of the contract and extend the term of the agreement through June 4, 2008.

5.  Approve and authorize Amendment #3, as shown on page ________, to CC-1267-05/TLR - Fence Repairs and Installation, with KMG Fence LLC, St. Cloud, Florida for additional Pay-Items.

6.  Award CC-1996-07/BHJ, as shown on page ________, in the amount of $119,000.00 to Air Ideal, Inc. of Chuluota for all labor, materials, equipment, transportation, coordination and incidentals necessary for the replacement of HVAC equipment at the Central Branch Library located at 215 North Oxford Road, Casselberry, FL 32707.

7.  Award CC-2009-07/DRR, as shown on page ________, in the amount of $1,635,752.50 to Southern Site Works, Inc. of Zephyrhills, Florida for all labor, materials, equipment, transportation, coordination and incidentals necessary for the construction of approximately 6,100 linear feet of 30-inch diameter reclaimed water main, approximately 1,600 linear feet of 24-inch diameter reclaimed water main, approximately 460 linear feet of 12-inch diameter water main, 2,600 linear feet of 8-inch diameter water main and the removal of an existing potable well from service along Yankee Lake Road and a portion of S.R. 46 located west of Yankee Lake Road and east of Longwood Markham Road.

8.Approve an increase to the Board-approved Estimated Annual Expenditure for PS-5165-04/AJR Master Agreement for Continuing Professional Services including but not limited to construction plan preparation, preliminary and final design, and environmental and drainage permitting for minor projects by $250,000.00 additional per year.

9.Award RFP-600193-07/BJC, as shown on page _________, Electrical, Control and Telemetry Systems Programming, Repair, Maintenance, Support and Calibration Services to DCR Engineering Services, Mulberry; Integrated Telecommunications Systems, Inc., Brandon; and Revere Control Systems, Birmingham, AL.

 

Support Services

10.  Approve request to declare surplus and competitively bid County-owned .15 acre lot with 3,100 sq. ft. pre-fab metal/concrete building located at 100 Seminola Blvd., Casselberry (Property ID #05-21-30-517-2800-0150), using the appraised value of $95,000 as the minimum bid.

 

 

Community Services

CDBG

11.Approve and authorize the Chairman to execute the First Amendment, as shown on page ________, to the Seminole County/Girls and Boys Town of Central Florida, Inc. CDBG/SHIP Subrecipient Agreement Program Year 2004-2005 which extends the term of the Agreement to June 30, 2008.

 

Community Assistance

12.Approve and authorize the Chairman to execute Satisfactions, as shown on page _________, of Second Mortgage for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:James M. & Kenna L. Williams; Nathan Baldino; Joyce E. Fogle; Diane M. Lawson; Marie McKinney (aka Marie A. Meyer); and Ella Louise Wheeler.

 

 

Economic Development

Tourism

13.Approve and authorize the Chairman to execute an Agreement, as shown on page _________, with Sanford Chamber of Commerce for the 2007 Sanford Chamber Bike Fest in the amount of $10,000.

 

 

Fiscal Services

Administration

14.Approve and authorize the Chairman to execute appropriate Resolution #2007-R-118, as shown on page _________, to ratify the Health and Educational Facilities Authority of the State of Missouriís issuance of Educational Facilities Revenue Bonds in one or more series, of which an amount not to exceed $6,500,000 shall be applied for the Lutheran Haven Nursing Home and Assisted Living Facility, LLC (located in Seminole County) to refinance the cost of the acquisition, construction and equipping of the nursing home and assisted living facility.

 

Budget

15.Approve and authorize the Chairman to execute a Budget Amendment Resolution #2007-R-119, as shown on page ________, #07-70, from the General Fund in the amount of $18,002 to cover the increased costs through the end of the fiscal year for the new Medical Director Services contract approved by the BCC at the 6/12/2007 meeting.

16.Approve and authorize the Chairman to execute a Budget Amendment Resolution #2007-R-120, as shown on page _________, #07-71, from the General and Court Support Technology Fee Funds in the amount of $267,096 to transfer funds from the General Fund to the Court Support Technology Fee Fund to correct revenue recording for fiscal year 2005/06.

 

MSBU

18.Approve and authorize scheduling and advertising of the final public hearing for the Twin Pines Water and Wastewater Improvement MSBU.

19.Approve and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _________, for the Dixon Road Paving and Drainage MSBU assessment for parcel 25-20-29-300-005A-0000; owner Pile Jere Trustee.

 

 

Leisure Services

Median Maintenance

20.Approve and authorize Chairman to execute the Interlocal Agreement, as shown on page _________, with the City of Oviedo to provide roadway landscape median and right-of-way maintenance on those segments of County Road 419 and 426 within the City's corporate limits.

 

 

Planning and Development

Development Review

21.Authorize the release of the Rinehart Road Right-of-Way (ROW)-Best Buy Right-of-Way Utilization Permit Maintenance Bond #MB6164 in the amount of $5,154.00 for the Rinehart Road ROW - Best Buy road improvements.

 

 

Public Safety

Administration

22.Approve and authorize the Chairman to execute the Certificates, as shown on page _________, of Public Convenience and Necessity (COPCN) for Orlando Regional Healthcare System, Florida Hospital, Rural Metro Ambulance, and Central Florida Ambulance, d/b/a American Ambulance, to become effective July 1, 2007 through June 30, 2008; and approve and authorize the Chairman to execute the Non-Exclusive Ambulance Franchise Agreements, as shown on page _________, with Rural Metro Ambulance and Central Florida Ambulance, d/b/a American Ambulance, to become effective July 1, 2007.

 

 

Public Works

Engineering

23.Approve and authorize the Chairman to execute a Purchase Agreement, as shown on page _________, for $158,800 for Parcel Number 127 (Fee Simple) and Parcel Number 727 (Temporary Construction Easement) for the County Road 15 Project from State Road 46 to Orange Boulevard between First Baptist Church of Lake Monroe, Inc. and Seminole County.

24.Adopt appropriate Resolution #2007-R-121, as shown on page _________, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page __________, with the Florida Department of Transportation for the design of safety improvements (widening travel lane to 12' travel lane and paved shoulders) on County Road 426 from Division Street to State Road 46. (FDOT FPN: 419679-1-38-01).

25.  Accept and authorize the Chairman to execute twenty-seven (27) Perpetual Stormwater Easements, as shown on page _________, for the Sweetwater Cove Tributary Surface Water Restoration Project, Phase IIIB - Dredging/Revegetation of Sweetwater Cove Lake for the following:Scott L. & Eva C. Purvis; Donna J. Gray; Kevin J. & Yvonne Y. Cooley; James R. Raker & Annette Santiago; Vikrant & Sunanda Shivdasani; George V. & Jeannie C. Pfann; Ray F. & Doris E. Butts; Olva I. & Kenneth K. Burton; David H. & MaryAnn M. Bonk; Rose L. Kittinger, Trustee; Mary A. Johnson, Trustee; Marc A. & Shawn E. Blum; Peter A. & Barbara F. Walters; Yason W. & Ya H. Lin; Randy & Sara Beck; Laurence & Anna Nye; Matthew & Sandra Clear; Charles R. & Susan Hummel; Harold & Pamela Chenoweth; Rodney F. & Marget A. Reynolds; Joseph P. & Myra Seinberg; Criss C. Gunderson; Regis W. & Martha M. Davis; J. Arnold & Doti M. Schorr; Robert A. & Eliva Birnholz; John D. & Audrey L. Gorman; and James & Elizabeth C. McGrath.

26.Adopt appropriate Resolution #2007-R-122, as shown on page __________, accepting a Sidewalk Easement, as shown on page _________, (Lee A. Harrop to Seminole County) for property necessary for the construction of a sidewalk along a portion of Raymond Avenue and North Street.

27.Adopt appropriate Resolution #2007-R-123, as shown on page _________, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page __________, with the Florida Department of Transportation for the design of sidewalks along East Hillcrest Street and Alpine Street. (FDOT FPN: 422572-1-38-01).

28.Approve and authorize the Chairman to execute appropriate Resolution #2007-R-124, as shown on page _________, accepting Permanent Drainage Easements (2) and a Temporary Construction Easement, as shown on page __________, for the Prairie Lake Outfall Drainage Improvements.

 

Roads-Stormwater

29.Approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page _________, between Seminole County and the seven cities (Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs) for work on federally-mandated Total Maximum Daily Load (TMDL) requirements and activities.

 

Traffic Engineering

30.Approve and authorize the Chairman to execute nine of the fifteen Amended Private Traffic Signal Maintenance Agreements, as shown on page _________, with private entities within Seminole County as follows:Aloma Square Ownersí Association & Loma Vista Property Ownersí Assoc. Inc.; Altamonte/SSG, Inc.; First Baptist Church of Sweetwater, Inc.; Lake Mary Centre, Ltd.; Northland, A Church Distributed, Inc.; Regency Centers, L.P.; Sydney Levy and Marianne Levy; Sun Lake Plaza, Inc.; and Trinity Preparatory School of Florida, Inc.

31.  Approve and authorize the Chairman to execute the CSX Transportation, Inc., Construction Agreement, as shown on page _________, for Plumosa Avenue.

32.  Approve and authorize the Chairman to execute the CSX Transportation, Inc., Wireline Crossing Agreement, as shown on page _________, for Airport Boulevard and Old Lake Mary Road.

33.Approve and authorize the Chairman to execute the Signage Agreement, as shown on page _________, between Seminole County and The Village of Remington Homeowners Association, Inc.

 

†††† Under discussion, Ray Hooper, Purchasing Manager, addressed the Board to answer questions for Chairman Henley relating to the validation process for Item #7, Award CC-2009-07.

†††† Commissioner McLean advised the actual committee that put together the TMDL program (Item #29) was formed by the Joint City/County Committee.

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

COUNTY ATTORNEYíS CONSENT AGENDA

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

Litigation

34.Approval of a proposed negotiated settlement relating to Parcel Number 112, Eden Park Avenue road improvement project, Creamer property.The proposed settlement is at the total sum of $27,470.00 inclusive of all compensation to the owners, attorney fees of any kind, all costs, interest and any other matter for which Seminole County might be obligated to pay relating to this parcel.

35.Approval of a proposed negotiated settlement relating to Parcel Number 106, Eden Park Avenue road improvement project, Levine property.The proposed settlement is at the total sum of $43,730.50 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 this parcel.

36†† Approval of a proposed negotiated settlement relating to Parcel Number 116, Bunnell Road improvement project, Thornburg property.The proposed settlement is at the total sum of $44,100.00 inclusive of all compensation to the owners, attorney fees of any kind, all costs, interest and any other matter for which Seminole County might be obligated to pay relating to this parcel.

Property Acquisition

37.Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Numbers 107, 109, and 117/717, Highmoor property, of the County Road 15 (Monroe Road) improvement project, for $355,000 inclusive of all fees and costs.

 

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

 

CONSTITUTIONAL OFFICERSí CONSENT AGENDA

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

Clerkís Office

38.Expenditure Approval Lists, as shown on page _________, dated May 29 & June 4, 2007, and Payroll Approval List, as shown on page _________, dated May 26, 2007; approve BCC Minutes dated May 22, 2007; and noted, for information only, the following Clerkís ďreceived and filedĒ:

 

††††††††††††††††††††††† 1.†††††† Proposed FY 2007/08 Budget for Sheriff Donald F. Eslinger, as shown on page __________.

 

††††††††† 2.Memorandum dated May 23, 2007 to Sandy McCann, Commission Records, from Liz Parkhurst, Planning & Development, RE:P&D Outstanding Documents.

 

††††††††† 3.Water Protection & Sustainability Cost Share Agreement, as shown on page _________, with SJRWMD for the Yankee Lake Surface Water Treatment/Reclaimed Water Augmentation, as approved by the BCC on January 9, 2007.

 

††††††††† 4.Tennis Pro Contracts, as shown on page _________, with the following:Brian Runda, Robyn Soto, and Taryn Lamonettin.

 

††††††††† 5.Contract Release and Certificate of Final Completion, as shown on page _________, for CC-0588-06.

 

††††††††† 6.Second Amendment, as shown on page _________, to IFB-600016-06, Firefighting Equipment.

 

††††††††† 7.Litigation Consultant Services Agreement, as shown on page _________, with Gerson, Preston, Robinson & Co., P.A.

 

††††††††† 8.Contract #M-2166-07, as shown on page _________, One Source Roofing, Inc.

 

††††††††† 9.W.O. #36 & 37, as shown on page _________, to CC-1267-05, KMG Fence.

 

††††††††† 10.W.O. #73, as shown on page _________, to PS-5165-04, PEC, Inc.

 

††††††††† 11.W.O. #14, as shown on page _________, to PS-0381-06, Bentley Architects & Engineers, Inc.

 

††††††††† 12.C.O. #1, as shown on page _________, to DB-0577-06, American Bridge Co.

 

††††††††† 13.Assignment of Term Contract for M-437-04, as shown on page _________, Lanier Worldwide, Inc./Ricoh Americas Corp.

 

††††††††† 14.W.O. #2, as shown on page _________, to PS-1074-06, Nodarse & Assoc., Inc.

 

††††††††† 15.W.O. #55, as shown on page _________, to PS-5150-03, EMS, Inc.

 

††††††††† 16.Term Contract for RFP-600171-07, as shown on page _________, Vila & Son Landscaping.

 

††††††††† 17.Certificate of Substantial Completion, as shown on page _________, for CC-1262-05 W.O. #52, JCB Construction Inc.

 

††††††††† 18.Amendment #1, as shown on page ________, to W.O. #18 to PS-5190-05, CH2M Hill.

 

††††††††† 19.First Amendment, as shown on page ________, to Term Contract for IFB-3098-05, Vila & Son Landscaping.

 

††††††††† 20.Contract #M-2189-07, as shown on page _________, One Source Roofing, Inc.

 

††††††††† 21.W.O. #5 & #6, as shown on page _________, to PS-1501-06, Southeastern Surveying & Mapping Corp.

 

††††††††† 22.Amendment #1, as shown on page _________, to M-1870-07, Devo Seereeram.

 

††††††††† 23.W.O. #45, as shown on page _________, to RFP-4214-04, Site Secure, Inc.

 

††††††††† 24.First Amendment, as shown on page __________, to Hurricane Shelter Storm Shutter Retrofit RFP-1670 Agreement.

 

††††††††† 25.W.O. #3, as shown on page __________, to PS-1501-06, Southeastern Surveying & Mapping Corp.

 

††††††††† 26.Certificate of Final Inspection, as shown on page __________, for CC-1262-05 W.O. #37.

 

††††††††† 27.W.O. #19, as shown on page _________, to PS-5190-05, CH2M Hill.

 

††††††††† 28.W.O. #4, as shown on page __________, to CC-1284-06, Conpilog International Co.

 

††††††††† 29.W.O. #65, as shown on page _________, to PS-5130-02, Ardaman & Associates, Inc.

 

††††††††† 30.Second Amendment, as shown on page _________, to PS-556-00, DCR Eng. Services, Inc.

 

††††††††† 31.Bids #CC-2116-07 & RFP-600193-07.

 

Sheriff's Office

39. ††† Approval by the Board of County Commissioners to expend $2,000 from the Law Enforcement Trust Fund to provide for a contribution to the Brethren Reaching Out Ministry of Sanford.

 

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

 

-------

 

†††† Chairman Henley recessed the meeting at 10:05 a.m., reconvening it at 10:15 a.m.

REGULAR AGENDA

†††† Gary Rudolph, Utilities Manager, addressed the Board to state on May 22, 2007, the Board requested staff to look at two issues with the Cross Connection Control Plan.One issue was to look at testable or nontestable devices on irrigation systems that use reclaim water and add potable water for home uses.The second issue was to bring back some options for funding the program.He displayed a PowerPoint Presentation (received and filed) and began reviewing the following:Reclaimed Water Program Options 1 and 2; the costs of the Reclaimed Water Program; Options of How to Fund the Program; and Rate Impact.He stated staff is requesting Board direction concerning implementing the Cross Connect Control Plan; direction to submit the Plan to the Florida Department of Environmental Protection for State concurrence; authorization to award a contract to a recommended contractor; and direction on the funding plan.

†††† Upon inquiry by Commissioner Carey, Mr. Rudolph advised staff is recommending Option 2 and that meets the DEP minimum requirements.

†††† Commissioner Carey stated since there are so few people on reclaim, their check valve gets replaced every three years and they do not have to have an annual inspection.She stated she feels it would be fair to say those who have potable water for irrigation would have to pay for annual inspection and not the people who switched to reclaim.

†††† Mr. Rudolph stated that is one option and staff is looking for direction from the Board so they can move forward on the program.

†††† Commissioner Carey asked if it would be good to put this out on the street to see what kind of proposals they will receive.

†††† Mr. Rudolph stated that also is an option; however, he feels the prices that they have are very competitive.He stated if the Board gives staff direction, they can place the inspection fee into the connection fee so that consumers of the entire unit are not paying for the turn over.

†††† Motion by Commissioner Carey, seconded by Commissioner McLean to approve implementation of the Cross Connection Control Plan; direct staff to submit the Plan to the DEP; and approve Option #2 non-testable units on potable line

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

-       - -

†††† Commissioner Carey stated she has some concerns awarding the contract since they changed the Plan for what they are doing.There have been discussions doing surveys through e-mail and the mail, and that is something that a contractor would not want to undertake.

†††† Mr. Hooper stated since this is an RFP, the Board can authorize staff to negotiate that.Staff can change the scope and enter into negotiations with Ace Flow and reduce the price of the survey cost.

†††† Commissioner Carey stated staff is in the position to only talk to one contractor.

†††† Mr. Hooper stated if the Board wants staff to go out with the best and final offers to all the proposals, they can change that scope.

†††† Motion by Commissioner Dallari, seconded by Commissioner Carey to instruct staff to go out to all the bidders for the best and final offer and to have a portion of this validated by staff.

†††† Under discussion and upon inquiry by Commissioner Van Der Weide, Mr. Hooper advised the one contractor they are capable of dealing with has indicated that he will be willing to accommodate the change of scope.

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

-------

†††† Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to provide funding to include the cost in adjusting the rates.

†††† Under discussion, Commissioner Carey stated she is unhappy about the rate increase as there are 40,000 customers and a small number of them are on reclaim.

†††† Mr. Rudolph stated the total is expected to be around 3,200 to 3,500 for reclaim.

†††† Commissioner Carey stated she would like to see for those people moving around and causing inspections to occur that they should take care of that cost themselves.

†††† Bob Briggs, Environmental Services, addressed the Board to state if staff has reliable estimates for the number that move around, that can be added to the account initiation fee.

†††† Commissioner Carey stated about 100 people move every month and she would like to know if staff would be willing to include that in the rate structure.

†††† Mr. Briggs stated a decision does not have to be made today.

†††† Ms. Coto stated in looking at the Environmental Servicesí budget and the debt service coverage, she doesnít believe that within their existing rate structure they could absorb this.

†††† Commissioner Carey asked if the motion maker would consider directing staff to come back to see what the impact would be if they took the 1,200 customers out and roll that into the connection rate.

†††† Commissioner McLean stated he is for any creative solutions, but doesnít think they need to make a decision today.

†††† Commissioner Van Der Weide stated he doesnít have a problem with that, but he doesnít think they need to impact the citizens by stirring up a hornetís nest.He stated he feels they can come back with it.

†††† Commissioner Carey stated she wants the direction to be clear from the motion that was made.

†††† Commissioner McLean stated he feels comfortable with the motion he made.

†††† Upon inquiry by Commissioner Dallari, Commissioner McLean stated the motion is to approve the funding today at these rates and not consider the other connection.

†††† Commissioner Van Der Weide stated he has no problem with that motion.

†††† Commissioner Carey stated she will not support the motion as she would like to see the alternates.

†††† Upon inquiry by Commissioner Dallari, Mr. Briggs advised staff can bring this back at the next Board meeting (July 24).

†††† Chairman Henley stated if the motion is voted down, the direction for staff is to bring it back in July.

†††† Commissioners Van Der Weide and McLean voted AYE, with Commissioners Dallari, Henley and Carey voting NAY, whereupon, the motion failed for lack of a majority vote.

†††† Upon inquiry by Mr. Rudolph, Commissioner Carey advised staff can start going back to the contractors to get the final offers as long as they are moving forward.

-------

†††† Chairman Henley advised that Item #41, Lake Mary Swimming Pool Interlocal Agreement, has been continued and will be brought back at a later date.

-------

†††† Ray Hooper, Purchasing Manager, presented request to approve Amendment #11 to BD-260-01/BJC, HVAC Maintenance and Repair Agreement with The Trane Company.He stated the amendment will increase the not-to-exceed amount by 3% because of the material and labor.Staff recommends approval of the request.

†††† Upon inquiry by Commissioner Carey, Frank Raymond, Fleet/Facilities Management, addressed the Board to advise he doesnít know how many buildings are under contract with the Trane Company, but he will provide that information to the Board.He stated all the buildings are not on the Trane contract, it is a monthly maintenance program and staff gets a report each month.

†††† Chairman Henley asked if an evaluation on HVAC was just recently done on the County Services Building as well as the libraries.

†††† Mr. Raymond stated the libraries were just done and he would have to provide information on the County Services Building to the Board.

†††† Mr. Hooper informed Commissioner Dallari that a performance clause can be placed in the next contract as the next bid proposal is coming up.

†††† Commissioner Dallari stated it is hard to justify this money if these maintenance logs do exist and they are spending an additional sum of money to have someone review it.

†††† Ms. Coto stated Trane has been their contractor for the last eight years, and staff believes that an independent view of those facilities would ensure that the associated scope of the next RFP would accurately reflect an objective opinion.

†††† Upon inquiry by Commissioner McLean, Ms. Coto advised the intent is to put together a revolving useful life schedule.She stated something similar was done to the roof system and they found out that there were some roofs in critical need of repair or replacement.They brought in a third party consultant to provide that information so they could be more proactive with respect to maintenance versus being reactive.

†††† Mr. Raymond stated in the $138,000 quote there is information that speaks to p.m. schedules, intervals and types of tasking.It will assist in coming up with comprehensive and tight scope for the next RFP for HVAC maintenance and that needs to be in place by July 2008.

†††† Commissioner Carey stated staff can determine how old the unit is by looking at the serial numbers.If they have the list of the equipment, they can put a maintenance evaluation in the next RFP.She added that she still hasnít received a maintenance schedule for all the facilities which she asked for in 2005.

†††† Ms. Coto stated that information will be provided in the 2007/2008 budget.Staff has looked at all the facilities and has tried to come up with a proactive maintenance program based upon their life cycle.

†††† Upon inquiry by Commissioner Dallari, Ms. Coto advised staff felt that they wanted the information that is identified in Item #17 and staff is only requesting money be moved.The associated contract or work order would have to come back for approval.

†††† Commissioner Carey stated it is a 5-year contract with optional renewals and contracts of this size should come back to this Board for renewal.She stated she has problems supporting Item #17 because she believes staff can develop that information from the monthly maintenance reports.

†††† Mr. Raymond stated staff is talking about replacement schedules which will cost roughly $1 million a year for the next five years.He stated he feels it is money well spent, but the maintenance schedule is in place.

†††† Commissioner Carey stated she personally thinks that this is an activity that they should be able to put their arms around without spending $138,000.

†††† Upon inquiry by Commissioner McLean, Mr. Hooper advised staff is planning to issue a work order under a master agreement and they will incorporate the language with the Board and bring it back because it is over $100,000.

†††† Commissioner Dallari stated he feels staff needs to look at the systems as a total and not just the units.

†††† Mr. Hooper informed Commissioner Dallari that staff is working as a partnership with the consultant to incorporate the energy efficiency systems rather than the units, and they will have them come up with the scope.

†††† Mr. Raymond informed Commissioner Carey that they run the software that controls the thermostats in some of them, but not all of them.

†††† Commissioner Dallari stated he would like staff to address in the scope the total EMS system to be centrally located.

†††† Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve Amendment #11, as shown on page ________, to BD-260-01/BJC-HVAC Maintenance and Repair Agreement with The Trane Company of Orlando to increase the annual not-to-exceed amount by 3% or $28,292.40.

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

- - -

†††† Motion by Commissioner Dallari, seconded by Commissioner McLean to approve BCR #07-20 in the amount of $138,000 for a county-wide HVAC study, with staff to address the comments to be brought back for final approval.

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

†††† Commissioner Carey voted NAY.

-------

†††† David Medley, Community Services Director, addressed the Board to present request to approve technical and substantive revisions to the Local Housing Assistance Program (LHAP) for program years 2008, 2009, and 2010 authorized by the Board on April 24, 2007.Staff was directed to address an item in the LHAP and to address some issues relative to foreclosures.He stated staff has reviewed the Equity Sharing strategy and they are requesting that the Board allow them to remove that as several issues came about.Staff addressed the need to provide recapture in a different manner by securing the funds for a longer period of time than previously done.Staff is requesting approval of the modification to the LHAP and to change the previous LHAP in accordance with the changes made today.

†††† Commissioner Carey stated if the Board is giving money to developers to build low-income and affordable housing, how will the County recapture the funds if the developer sells it.

†††† Mr. McMillan stated he understands that the commitment runs with the land and they cannot sell the project without approval.

†††† Arnold Schneider, Assistant County Attorney, addressed the Board to advise the terms of the agreement require a restricted use covenant and the housing would remain affordable.In this case, it is by developer agreement they covenant as long as they own it and it will be used for affordable housing.They are compelled as a requirement of that agreement to execute a restrictive covenant for whatever the specified affordability period is.It is up to the County to police that to make sure it is enforced.

†††† Mr. McMillan stated there were a couple situations where those conditions were not met and the County brought action against two parties regarding contract breach.He referred to two cases that were breached and stated the Board authorized staff to seek refund of the money and that has been accomplished.A memorandum regarding SHIP foreclosures was received and filed.

†††† Commissioner Carey stated staff needs to make sure that they bid on the foreclosures to recapture the funds.

†††† Mr. McMillan stated staff can add the following language to page 9 at the end of the underlined section ďor subject to Board approval, SHIP funds may be used for the purchase of previously SHIP funded homes at foreclosure sale would be objective of reserving the available affordable housing stock in the County.So that if the circumstance arose, it would make sense to use SHIP funds for that purpose.Ē

†††† Motion by Commissioner Carey, seconded by Commissioner McLean to approve technical and substantive revisions to the Local Housing Assistance Program(LHAP) for program years 2008, 2009, and 2010 authorized by the Board on April 24, 2007; and approve technical and substantive amendments to the LHAP for 2005, 2006, and 2007 so that remaining program funds for those years may be expended on essentially the same basis (with one exception) as is proposed for the new three year LHAP; and authorize staff to submit both amended LHAPs to the Florida Housing Finance Corporation (FHFC), as amended, to include the second mortgage recapture.

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

-------

†††† Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve the Final Site Plan for the Maple Leaf Commerce Center Planned Commercial Development (PCD); authorize Chairman to execute the Maple Leaf Commercial Center Developerís Commitment Agreement, as shown on page ________, consisting of 0.84+ acres, located on the south side of Mikler Road approximately 800 ft. west of the intersection of W. SR 426 and Mikler Road, Jack Reynolds, American Civil Engineering, based on staff findings.

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

-------

†††† Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve the Final Site Plan and Developerís Commitment Agreement, as shown on page ________, for the Wekiva Springs Road PCD, consisting of 4.5+/- acres and located on the west side of Wekiva Springs Road and the east side of E. Lake Brantley Drive, S&B LLC, based on staff findings.

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

COUNTY MANAGERíS BRIEFING

†††† Ms. Coto stated staff is prepared to present the Water and Sewer CIP Program, but she would like to make some comments regarding same.She stated since the program manager was hired within the past 18 months, a significant shift has occurred within the scope and value of the work.She reviewed how they got where they are today with the program.She stated after having discussions with the Board, it was obvious that some believed that the action in January 2006 meant that the Program Manager was to provide no design services.Many of those concerns could have been avoided if staff had been more explicit during their discussions and presentations with the Board.Staff should have brought back the $332 million Capital Improvement Program and the CH2M Hill design work for the Surface Water Treatment Plant after the July 18, 2006 work session and that was not done.Staff prepared a binder and reviewed same with the Board over the past week.She stated staff has spent a great deal of time in evaluating the Program Management services and associated work order process.She believes a better product has resulted due to the amount of time that was spent on this and the questions that have been asked.

†††† John Cirello, Environmental Services Director, addressed the Board to state staff is here to update the Board on the progress of the CIP program to date.He stated they have been in operation for approximately one year and the team is committed to conducting semi-annual program updates to the Board.

†††† Carol Hunter, Environmental Services, addressed the Board to review a PowerPoint Presentation (not received and filed) relating to the following:CIP Estimate; County estimate; CIP Validation; CUP Regulatory Projects Required Funding; The Line of 2006 Valuations; and Approved 5-year Rate Structure.

†††† Matt Alvarez, CH2M Hill, addressed the Board to advise the intent of the program was to deliver the 5-year CIP as opposed to 10 to 12 years.He stated he is pleased to report that the program is accomplishing that goal.Prior to the program, the average County delivery was approximately $8 to $12 million a year.To date within the first year of the program and within six months of the bond funding, the team has $132 million in active projects being delivered.He displayed slides and began reviewing the 2006 Mobilization and Program Tasks and the 2007 Program Design Management.He displayed and reviewed the Current 20 Design Projects: 2007 Program Construction Management; CIP Variance Tracking; and the Ongoing High Rate Delivery for the Program.

†††† Ms. Hunter continued by reviewing Communication and the Component of Communication Monthly Flyers.

†††† Mr. Alvarez continued the presentation by reviewing the Outlook and Activities of Other Program Tasks relating to Phase One Service Water Treatment Plant; Program Implementation of Phase Two Potable SWTP; Begin Annual Revalidation and Prioritization of CIP; Second Revenue Bond Issue; Complete Task of the Construction; and Program Results Overall Fund and Bond Covenants.

†††† Mr. Cirello summarized that the program is on schedule and within budget for the $332 million CIP base line established in July 2006, and it is being delivered as committed.He stated staff is requesting Board approval of the service treatment plant design and the Program Management budget.

†††† Ms. Hunter explained for Chairman Henley why they were backlogged in the projects; which method of compensation was used that the contract calls for; how the reimbursable is handled; and what the cost was on the design portion for surface water.

†††† Chairman Henley stated he doesnít agree with the conclusions staff has drawn in their answers and he has discussed his feelings with staff on the situation that has escalated way beyond what they anticipated.He stated with the validation and with the conditions changing, he expects to see a conservative amount.He added that staff has projected a $100 million savings by expediting this.

†††† Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the Program Management services by CH2M Hill (PS-5190-05/DRR) at a level of service consistent with staffís presentation and Boardís consensus on the Water & Sewer Capital Improvements Program; and approve CH2M Hillís performance of detailed design and bid package preparation of the Seminole County Regional Surface Water Treatment Plant at Yankee Lake consistent with the Countyís Cost Sharing Agreement with the St. Johns River Water Management District.

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

†††† Commissioner Henley voted NAY.

-------

†††† Commissioner Carey recognized District 5 Secretary of Transportation, Noranne Downs, who was in the audience.

-------

†††† Tad Stone, Public Safety Director, addressed the Board to present a PowerPoint Presentation (received and filed) relating to the Animal Services Facility.He continued his presentation by reviewing the damage that was done to the Animal Services facility following the fire on February 8, 2007.He displayed and reviewed photographs of the damage that was done to the kennel area.He reviewed the following:Actions to Date; Scale Drawings of the south and north reconstruction; and Recommended Actions.He stated staff is strongly recommending upgrading the fire alarm system and fire sprinklers throughout the building.The facility is currently at a single-phase generator switch system and staff is recommending a three-phase generator system.He concluded by reviewing the Insurance/Risk Management Cost and the Spay/Neuter Program.He stated staff would like to rework the Spay/Neuter Program by taking the program to the citizens and not have them come to the facility.

†††† Commissioner Van Der Weide stated that building was built in 1989 and he does not believe there have been any major improvements or expansions.He stated he doesnít have a problem supporting what staff is recommending.

†††† Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize staff to move forward with the procurement process to complete the architectural drawings and design of the Animal Services facility rebuild.

†††† Under discussion, Commissioner Carey stated staff is recommending three items but five are listed as enhancement upgrades.

†††† Upon inquiry by Commissioner Dallari, Mr. Raymond advised the only thing that would have to be changed to take advantage of the three phase is the crematory.The switching of the generator will be minimal.

†††† Commissioner Dallari asked if everything is inclusive in the $32,000 price.Mr. Raymond stated that is correct.

†††† Upon inquiry by Commissioner Carey, Commissioner Van Der Weide advised he would like to have the lightning protection included in his motion.

†††† Commissioner Carey stated she would like to know how the County will get reimbursed from the insurance company and what they can rebuild.The insurance company assessed the damages at $750,000 and the County will have to pay $200,000 out of their own pocket, therefore, the insurance company will pay $550,000 to replace what was existing.She asked if the County builds the facility differently and go with an alternate method, does the County still get $550,000 payment.

†††† Nick Mullins, Johns Eastern Company, addressed the Board to advise at this point he told the insurance company that the rebuild is going to be started once the plans and drawings are complete.He stated he understands that the insurance company will pay for what the County had originally. If the County decided to make it smaller or bigger, it is his understanding that the County would only get reimbursed for what they have.

†††† Commissioner Carey stated the $750,000 came from the square footage based on the construction they had.She stated she asked staff to look at alternate types of construction and they may be able to make it an expandable building. The reason they came back with concrete block construction is they felt that if they didnít rebuild what they already had, then the insurance would not pay.She stated she would like staff to look at other options as there are other construction alternatives besides the traditional concrete block.

†††† Commissioner Dallari stated he believes Commissioner Carey is asking staff to look at the expansion but try to find alternate building methods to try to keep costs down.

†††† Commissioner Carey stated if they can build it for less, then they can build more.Staff needs to look at alternatives.

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

- - -

†††† Motion by Commissioner Carey to authorize staff to pursue an Interlocal Agreement with the Society for Prevention of Cruelty to Animals (SPCA) for spay and neuter services in order to get the mobile unit up and running.

†††† Under discussion, Ms. Coto stated she wants to be sure that everyone is speaking the language as it relates to the insurance coverage.

†††† At the request of Ms. Coto, Mr. Mullins stated the County can rebuild the facility for less than what the cost is to rebuild.The carrier will only pay for what the cost is to rebuild and that is all they will pay.Discussion ensued.

†††† Commissioner McLean stated the replacement is based on the facility and not on any specific dollar amount.There can be circumstances where the carrier will look at a dollar amount if it could not be rebuilt.

†††† Mr. McMillan explained what the insurance requirements are.

†††† Commissioner Carey reiterated her motion to authorize staff to pursue an Interlocal Agreement with the Society for Prevention of Cruelty to Animals (SPCA) for spay and neuter services and to get the mobile unit up and running.

†††† Commissioner Van Der Weide seconded the motion.

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

†††† Commissioner Dallari requested the County Manager to contact the insurance carrier to clarify what value they will be receiving so they can properly plan for it, and report back to the Board.

-------

†††† Noranne Downs, District 5 Secretary of Transportation, addressed the Board to report on the budget meetings in Tallahassee.

†††† At the request of Commissioner Carey, Ms. Downs updated the Board on the extension from SR 417 to International Parkway.

†††† Commissioner Carey stated there is a time-sensitive issue on the right-of-way from Colonial properties.She stated she would like discussions on frontloading some of the construction costs to move that project forward.

†††† Ms. Downs stated she will check to see if her staff had any discussions with Colonial properties on that issue.

†††† The Chairman recessed the meeting at 12:10 p.m., reconvening at 1:32 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

†††† Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize filing the proofs of publication for this meetingís scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

REZONE FROM A-1 TO R-1AA/

ROBERT DIETZ

 

†††† Proof of publication, as shown on page _______, calling for a public hearing to consider a request to adopt an Ordinance to rezone 3.16+/- acres, located on the southwest corner of the intersection of Sand Lake Road and Sandy Lane, from A-1 (Agriculture) to R-1AA (Single-Family Dwelling), Robert Dietz, received and filed.

†††† Ian Sikonia, Planning, addressed the Board to present the request, stating the Planning and Zoning (P&Z) Board voted 5 to 0 to recommend approval to rezone to R-1AA, based on staff findings; and the staff also recommends approval.

†††† Robert Dietz, applicant for the owners James and Julie Shea, addressed the Board to state he was available to answer any questions.

†††† No one else spoke in support or in opposition.

†††† Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt Ordinance #2007-20, as shown on page _______, approving rezoning from A-1 (Agriculture) to R-1AA (Single-Family Dwelling) 3.16+/- acres, located on the southwest corner of the intersection of Sand Lake Road and Sandy Lane; as described in the proof of publication, Robert Dietz, based on staff findings.

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

SPROUL BIBLE COLLEGE PUD/GUY RIZZO

†††† Proof of publication, as shown on page _______, calling for a public hearing to consider approving the Sproul Bible College PUD Major Amendment, Revised Preliminary Master Plan, Rezoning Ordinance from PUD to PUD, Third Revised and Restated Development Order, Final Master Plan and Developerís Commitment Agreement, consisting of 27.06+ acres located on the south side of Wayside Drive, approximately 550 feet east of the intersection of Wayside Drive, approximately 550 feet east of the intersection of Wayside Drive and Orange Boulevard; Guy Rizzo, received and filed.

†††† Austin Watkins, Planner, addressed the Board to present the request, stating the P&Z voted 7 to 0 to approve the request with conditions, and staff is recommending approval.

†††† Guy Rizzo, representing Jim and Anne Marie Campisi, addressed the Board to state he would rely on the recommendations of the staff.He advised, to correct the Record, that there was a previous Special Exception for one of the houses in this project and that will stay the same.

†††† No one else spoke in support or in opposition.

†††† Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:the PUD Major Amendment, Revised Preliminary Master Plan, adopt Ordinance #2007-21, as shown on page _______, rezoning from PUD to PUD, Third Revised and Restated Development Order, Final Master Plan and Developerís Commitment Agreement, as shown on page _______; and authorize the Chairman to execute the documents for the Sproul Bible College PUD consisting of 27.06+ acres, located on the south side of Wayside Drive, approximately 550 feet east of the intersection of Wayside Drive and Orange Boulevard; as described in the proof of publication, Guy Rizzo, based on staff findings.

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

SR 46 SMALL SCALE LAND USE

AMENDMENT/PAUL GREN

 

†††† Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Small Scale Land Use Amendment from PUBC (Public) to SE (Suburban Estates) on 6.74+/- acres located on the north side of SR 46, approximately Ĺ mile west of the intersection of Lake Markham Road and SR 46, Paul Gren, received and filed.

†††† Mr. Sikonia presented the request, stating the P&Z voted 5 to 0 to recommend approval of the land use amendment based on staff findings; and staff is recommending approval.

†††† No one spoke in support or in opposition.

†††† Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt Ordinance #2007-22, as shown on page _______, approving a Small Scale Land Use Amendment from PUBC (Public) to SE (Suburban Estates) on 6.74+/- acres located on the north side of SR 46, approximately Ĺ mile west of the intersection of Lake Markham Road and SR 46; as described in the proof of publication, Paul Gren, based on staff findings.

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


LEGISLATIVE UPDATE

†††† Assistant County Manager April Boswell and Lisa Spriggs, Fiscal Services Director, addressed the Board to present the update on legislative activities.

†††† Ms. Boswell distributed a handout (received and filed) to the Board and reviewed that HB 529, Cable TV/Video Service Franchises, still gives the County the ability to use both the governmental as well as the reserved second channel for educational purposes only.She said the County will need to coordinate with the School Board on the second channel.Regarding Article V legislation, she said she doesnít know the true financial impacts of this legislation yet.She advised that Affordable Housing (HB 1375) and Growth Management (HB 7203) bills were signed into law.The Energy Bill (HB 7123) was vetoed by the Governor.She reviewed the Affordable Housing Bill and said staff is attending a briefing today to learn more about this program.She also reviewed the Growth Management Bill and said it is not as severe as it could have been.Ms. Boswell stated staff found regarding HB 7085, FRS/Retirement Contribution Rates Bill, that there will not be an increase in rates for the coming year.

†††† Ms. Spriggs gave an update on the property taxes reform.She said now that they know the current law, it is not substantially different than what was discussed at the last meeting.She stated that basically all of the governments are looking at an additional reduction and they fall into different tiers based on looking at the past five years per capita tax increases.This was compared to statewide averages and different tiers were taken to make the reductions 0, 3%, 5%, 7% or 9%.She said it was discussed at the last meeting that the inclusion of the city of Altamonte Springs in the Fire District could have an impact on the Countyís calculations.Staff later reviewed the calculations that DOR had done and found that there were certain factors that had not been taken into consideration accurately and the County still remains in the 7% tier.Based on the final legislation, staff is looking at that.She said there was a special exemption given to Fire, EMS and MSTUís, such as the Fire Fund.The exemption puts them in a category as all independent special districts in the 3% additional reduction tier.Staff knows for certain now that the Fire Fund will be affected in the 3% category.Staff is learning now through reviewing the legislation that the law also excluded the actual property taxes that were levied over the five-year period for the calculation purposes of the tier.If they exclude the Fire District, it appears they would fall below the 9% increase and that would be in the 5% reduction.She said staff just received the forms yesterday from the Department of Revenue and they need to be reviewed and then she will have the Chairman to execute the form by July 2.This would be certifying with DOR that the County agrees with the calculations.Ms. Spriggs said originally the discussion was that the roll-back formula was an additional reduction from last yearís revenues.Now looking at the DOR forms, it is actually a reduction of the rate.She said this gives the County a little higher rate than discussed at the last meeting.Previously, they had talked about 4.23 for a roll-back rate, but now it appears this could be upwards to about 4.38 to 4.4.She said she will have those calculations completed over the next week and can provide the Board with a full summary and the actual impact.Currently, the preliminary tax roll came out with an 11.5% increase over the previous year and 3.4% of that is new construction; and 8.2% of that is existing.The market is beginning to stabilize and go back to what is typically seen in a year.Staff is still working on the impact that will follow into the October 1 budget year, but it may be a little better than talked about at the last two meetings.

†††† Ms. Spriggs further reported that the Constitutional Amendment Bill that was passed was not changed from the initial discussions at the last meeting.That will go to the Florida voters on January 29, 2008, and will be retroactive to January 1, 2008, for implementation in FY 2008-09 if it passes.That allows for the supersized homestead exemption, 75% of the first $200,000 in value and 15% of the next $300,000 in just value.It provides for a minimum exemption of $50,000, which means any assessment at $67,000 or below will receive a $50,000 exemption.It also provides for a $100,000 exemption for low-income seniors.Also, tangible personal property less than $25,000 is proposed to be exempted in the Constitutional Amendment.There are also some provisions for affordable housing subject to rent restrictions and working water funds.Those would not have a large impact on Seminole County.

†††† Chairman Henley asked how the CRA comes into this.Ms. Spriggs said that is still outstanding as far as implementation.There is a lot of discussion going on with DOR and different entities.She said the bill appears to back out the portion that Seminole County pays out of countywide to the CRA in calculation of some of the millage roll-back.However, it also appears to add it back in.She is not sure what the impact is or if the CRAís are held harmless.They may only be held harmless up to the point where they have debt.She stated when she knows the impact, she will let the Board know.

---

†††† Commissioner Carey said she has been holding on her calendar the dates of July 31 (half day), August 1 (full day) and August 2 (half day) for the budget workshops.She requested to look at holding the workshops for two full days, maybe Monday and Tuesday or Tuesday and Wednesday.She requested Ms. Spriggs to look at her calendar and report back to her this afternoon.

†††† Ms. Coto said she is sure staff can make adjustments, but she is concerned as to whether or not they can get everything done in two full days.She said they have to approach the workshops differently since they will be discussing potential service cuts.She advised Chairman Henley that staff will give the Board a menu to work with.

†††† Commissioner Dallari asked if Ms. Spriggs had looked at what the potential savings for each homeowner would be.Ms. Spriggs said she can make that information available.

CHAIRMANíS REPORT

†††† Chairman Henley stated he met with the President of Seminole Community College (Dr. McGhee), and she was concerned about maintaining a good working relationship between the County and SCC.She requested to hold a joint meeting with the Board of Trustees to get to know one another.He advised he would bring this to the full Board and would speak with Ms. Coto to contact her and work out an appropriate agenda.He indicated to Dr. McGee that the meeting would probably be after August and that was not a problem for her.

†††† Chairman Henley said he also received a letter from the School Board Chairman requesting a joint meeting to discuss the impact of the legislation and what position they may want to take regarding that.

†††† Commissioner Carey asked if the legislation that passed prohibits the County from using revenues to educate the public on the upcoming voter referendum on the Constitutional Amendment.Ms. Coto said she did not think it did, but she will recheck that.Whereupon, Commissioner Carey said she strongly suggests the County work with PBAS and some of the other community leadership organizations and talk about how to get the information to the voters, from an educational standpoint, because this will have a significant impact on counties, cities and the School Board.

†††† Chairman Henley said he feels the Board has an obligation to try to help explain as best they can what the particular impacts would be.†† He said if no objections, he will go ahead and attempt to schedule those two meetings as quickly as possible.He will have his Aide check with the other Commissionersí Aides on the best time to set up the meetings.No objections were voiced.

-------

†††† Chairman Henley reported on the meeting held with the Mayor and City Manager of Longwood regarding their vision.He said he made it plain that the Commissioners were disappointed they were the last people they talked to about their vision.He expressed to them that if they want enhancements on SR 434 they would have to pay for that.He thinks the meeting went very well.He thinks Mr. McCollum sat in on the meeting with the City and the Governorís Office representative on Friday afternoon and they came to an understanding.The Governorís Office position was the same as the Countyís that if the City wants enhancements, they would have to pay the cost.

-------

†††† Chairman Henley stated the U.S. Military All Stars were in town last week and they indicated they had never been treated as well anywhere in this nation as they were here.He said they are still trying to collect DVDís to be able to send to the soldiers in Iraq.Chairman Henley said there was a huge crowd that turned out Saturday evening at the Sanford Memorial Stadium where they honored Mr. Westbrook with the passing of the flag ceremony.He said that was really impressive.He said no federal dollars were used, but all the monies came out of the community to bring this group here, house and feed them.

COMMUNICATIONS AND/OR REPORTS

 

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

1.Notice of Public Hearings to rezone properties on June 7, 2007 and June 21, 2007 from the city of Lake Mary.(cc:BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Co. Attorney)

 

2.Memorandum dated 05/31/07 to BCC and County Manager from Antoine Khoury, Assistant Co. Engineer, re: US 17/92 at General Hutchinson Road Trail Overpass Update.

 

3.Memorandum date 05/18/07 to Sandy McCann, Supervisor, County Commission Records, from Becky Noggle, Sr. Coordinator, Environmental Services, re: Submission into County records.

 

4.Letter dated 05/21/07 to Chairman from Edward Wilson, Program Administrator-Florida Department of Health, re: Denial of funding for EMSTARS Field Date Collection.(cc:BCC, Fiscal Services Director, Co. Manager, Deputy Co. Manager, Public Safety Director)

 

5.Memorandum dated 05/23/07 to Distribution List (with attachments) from Doris-anne Freeman, City Clerk-city of Altamonte Springs, re: Notice of street name change.(cc:BCC, Co. Manager, Deputy Co. Manager)

 

6.Letter dated 05/25/07 to Chairman (with attachments) from Mike McDaniel, Office of Comprehensive Planning Chief-Dept. of Community Affairs, re: Objections noted upon review of Comprehensive Plan Amendment.(cc:BCC, Co. Manager, Deputy Co. Manager, Co. Attorney)

 

7.Memorandum dated 05/23/07 to Commissioners, County Manager, Deputy County Manager (with attachment) from Wendy Garrett, Benefits Coordinator, re: Group insurance RFP timeline.

 

8.Copies of letters of various dates from T.E. Stone, Director of Public Safety, re: Appreciation for recent donations to the following:Sue & David Evert; Donna Hudson; Steve Baker; Tom Cummings; Mike Piazza; Howell Estates Homeowners Association; Nancy & Terence Woodard; Suzanne Reynolds-Brady; Kathy Brahm; Sharon Reiss; Henry Brautigam; Jeneare Pounds; Eileen Glasco; Vicky Drown; Pat Jefts; Lyndia Coppola; Patti Dalton; Aimee Dewispelaere; Penni Dimario; Veronica Esbjorn; Brian Predrick; Tina Berndt; Charles Bilz; Hilda Brooks; Terry Arthur; Gerry Brunt; Jamie & Devin Laseter; Bettie Sonnenberg; Gail Cooper; Janet Mitchell; Tooricum Ltd; Rachel Williams; Robert Devol; and Laurie & James Harris.

 

9.Letter dated 05/30/07 to BCC (with attachment) from Sandra Smith, Chief Planner-city of Casselberry, re: Annexation public hearing on July 11, 2007.(cc:Co. Manager, Deputy Co. Manager, Supervisor of Elections, Property Appraiser, Planning & Development Manager, Co. Attorney)

 

10.Florida Public Service Commission Bulletin re: Request for rate increase by Aqua Utilities Florida, Inc. public meetings.(cc:BCC, Co. Manager, Deputy Co. Manager, Environmental Services, Co. Attorney)

 

11.Letter dated 05/30/07 to Chairman from David Johnson, Seminole County Property Appraiser, re: Tentative taxable values for Road Improvement District.

 

12.Letter dated 05/30/07 to Chairman from David Johnson, Seminole County Property Appraiser, re: Tentative taxable values for unincorporated stormwater management.

 

13.Letter dated 05/30/07 to Chairman from David Johnson, Seminole County Property Appraiser, re: Tentative taxable values for 2007.

 

14.Letter dated 05/30/07 to Chairman from David Johnson, Seminole County Property Appraiser, re: Tentative taxable values for the Fire District.

 

15.Letter dated 05/29/07 to Chairman (with attachment) from Jim Ferber, President-Central Florida YMCA, re: Transmittal of 2006 Central Florida YMCA Annual report.

 

16.Copy of letters dated 05/29/07 from T.E. Stone, Director of Public Safety, re: Appreciation for recent donations to the following:James Garritani; Barbara Giffin; Ellie Hauser; Joseph & Elizabeth Hearn; Cindy Heroux; Joe Hussar; Rhonda Johnson; Linda Lougee; Ileana Mas; and Marvin Mengel.

 

17.Contract for services, as shown on page _______, between Seminole County Government and Jennifer Hemphill (Umpire softball).

 

18.Memorandum dated 06/04/07 to BCC (with attachment) from Cynthia Coto, County Manager, re: Capital Project Fund Transfer.

 

19.Memorandum dated 06/05/07 to BCC, County Manager, Deputy County Manager (with attachments) from Wendy Garrett, Benefits Coordinator, re: Revised timeline for Benefits RFP.

 

20.Memorandum dated 06/08/07 to BCC, County Manager, and Administrative Services Director, from Meloney Lung, Support Services Manager, re: Five Points Government Center land purchase update.

 

21.Memorandum dated 06/01/07 to Property owners from Sandra Smith, Chief Planner, city of Casselberry, re: Notification of proposed future land use map and zoning designation amendments public hearing June 13, 2007.(cc:BCC, Co. Manager, Deputy Co. Manager, Co. Attorney, Planning & Development Director)

 

22.Letter dated 05/15/07 to County Manager (with attachments) from Blanche Sherman, Manager of Finance-LYNX, re: Transmittal of Quarterly Reports as of March 31, 2007 and Comprehensive Annual Financial Report.

 

23.Letter dated 05/31/07 to Chairman (with attachments) from John Saboor, President, and Keith Station, Seminole County Sports Marketing Manager-Central Florida Sports Commission, re: May activities report and projected June events.

 

24.Memorandum dated 06/08/07 to Sandy McCann, Supervisor, County Commission Records, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into County records.

 

25.Copy of letters of various dates from T.E. Stone, Director of Public Safety, re: Appreciation for recent donations to the following:Shari Mitchell; Lawrence Pultz; Gregg Rainone; Dennis & Susan Reilly; Patti Rogers; Arlene Sanberg; Barry & Christina Silva; Troy Simmons; Robyn Steiner; Catherine Valor; Heidi Watt; Guy & Judy Wills; Shannon Booth; Carolyn Hall; Crystal Hanley; Dennis Tillman; Lauren Wilson; Susan Yentz; and Martha Vanzant.

 

26.Contract for services, as shown on page _______, between Seminole County Government and Jennifer Bavaro (Scorekeeper softball games).

 

27.Copy of letter dated 06/13/07 to Cynthia Coto, County Manager, from Anthony Coody, Transmission Forester-Progress Energy, re: Pruning and removing of trees in the rights of way.(cc:BCC, Public Works Director)

 

28.Memorandum dated 06/04/07 to BCC (with attachment) from Cynthia Coto, County Manager, re: Capital project fund transfer.

 

29.Memorandum dated 06/11/07 to BCC (with attachment) from Cynthia Coto, County Manager, re: Anchor Road Business Center annexation into Casselberry.

 

30.Notice and agenda for June 20, 2007 Seminole County Port Authority Meeting.

 

31.Contract for services, as shown on page _______, between Seminole County Government and the following:Brian Su (Umpire slow pitch softball), John Cook (Umpire softball), Brett Porche (Umpire), John Marzullo (Umpire softball), and Angel Marrerro (Umpire slow pitch softball).

 

32.Memorandum dated 06/22/07 to BCC (with attachments) from Cindy Coto, County Manager, and Robert McMillan, County Attorney, re: SHIP foreclosures.

 

33.Memorandum dated 06/21/07 to BCC from April Boswell, Assistant County Manager, re: Strategic Plan Update.

 

34.Memorandum dated 06/25/07 to BCC, County Manager, Administrative Services Director, and Fiscal Services Director from Meloney Lung, Support Services Manager, re: Timeline for FY 03/04 and 05/06.

 

35.Copy of memorandum dated 06/20/07 to David Godwin, Director-County Finance, from Donald Eslinger, Sheriff, re: Transmittal of proceed for the sale of helicopter.

 

36.Letter dated 06/18/06 to Cindy Coto, County Manager, from Mary Lu Tombleson, Executive Director-Public Defender, re: Equipment needs for newly staffed attorney positions.(cc:BCC, Business Innovation and Technology Services Director, Fiscal Services Director)

 

37.Memorandum dated 06/19/07 to BCC (with attachment) from Cynthia Coto, County Manager, re: Capital projects fund transfer.

 

38.Copy of memorandum dated 06/18/07 to Honorable Judge Clayton Simmons and Maryanne Morse, Clerk of the Court, from Cynthia Coto, County Manager, re: Project status for Annex building and Civil Courthouse.(cc:BCC)

 

39.Contract for services, as shown on page _______, between Seminole County Government and the following:Dani McCain (Scorekeeper), Francis Bussey (Slow pitch softball scorekeeper), and Mark Thaens (Slow pitch softball scorekeeper).

 

DISTRICT COMMISSIONERSí REPORTS

†††† Commissioner Van Der Weide stated the Board had the discussion today on rebuilding the Animal Control facilities.He was asked by others if this had to come back to the Board for authorization before rebuilding.He said he was under the impression that staff would determine what kind of materials to be used and they would move forward and rebuild the facility now as soon as possible.He did not understand that this would come back to the Board to get authorization to implement what the Board had approved.He asked for clarification.

†††† Commissioner Carey said no, she thinks the direction was for staff to look at alternatives and see what they think would be best.

†††† Ms. Coto said staff did not interpret the action that way and thought they were going to have to put everything on hold and bring back information to the Board.

†††† Commissioner Van Der Weide said no, they have to move on this.No objections were voiced.

-------

†††† Commissioner Van Der Weide asked how the 104 Fund is going.He said he is sure staff is going to have to take that into consideration for the budget, and he thinks that has to be in bad shape.

†††† Ms. Coto stated residential has dropped off; however, commercial activity has picked up, which is what is keeping things afloat.This is an area they are concerned about and are looking at.Staff has retained the services of KPMG to look at the overall fee structure.She said staff did an internal study, but she was not as comfortable that they had looked at everything they needed to as part of that study.She has asked KPMG to look at all the services to make sure the County is recouping all the costs associated with permits, plans review, etc.She will eventually bring something back to the Board if there is a recommendation to reevaluate the fees.Also, she said staff is looking at not filling some of those positions as they become vacant.Staff is monitoring this very closely.

-------

†††† Commissioner Carey reported that she got a call Saturday morning that Lt. John Rogers had been in a motorcycle accident and was in a coma.She said he passed away last night.She expressed condolences to the family.

-------

†††† Commissioner Carey said when Chairman Henley came forward with a recommendation for a 7% salary increase to the County Manager, retroactive to her anniversary date, she expressed concern because of the budget situation.Now that they know where they are going to be as far as budget cuts and they are not going to be quite as deep as anticipated, she would like to act on the recommendation.

†††† Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the Chairmanís recommendation for a 7% salary increase to County Manager Cindy Coto, retroactive to her anniversary date.

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

-------

†††† Commissioner Carey said at the last East Central Florida Regional Council meeting, the five-year plan for Florida Power & Lightís expansion was reported on.A lot of this will take place in Brevard and Volusia counties, but there was one site identified in Seminole County called the Yankee site.She said this is a five-acre site.She will give the information to staff and wants to know exactly what it means and what is being planned.If there is to be a substation, she would like to know where itís going to be located and how that may impact some of the activities going on.She asked staff to report back to the Board on this.

-------

†††† Commissioner Carey said recently at the Florida Association of Counties Conference, there was a presentation by Dr. Hank Fishkind about how the tax reform will affect counties.She said she has a copy of the report and will be happy to share that information.Also, at the conference, Commissioner Theresa Jacobs from Orange County was sworn in as the new FACo President.She asked the Commissioners to show their support to Commissioner Jacobs.

-------

†††† Commissioner Carey said she received notice that NACo has the Energy Star Challenge going on.She will pass on this information to the County Manager.It is a free opportunity for a national effort to learn more about energy star and how to reduce energy costs, individually and as a government.She asked that this information be shared with the cities.She stated there will be 10 free learning sessions given online, and she asked that staff take advantage of those and the County become an active member in the Energy Star Challenge.

-------

†††† Commissioner Carey announced that on July 3, the Red, Hot and Boom activities will be held at Cranes Roost in Altamonte Springs, beginning at 5:00 p.m.Also on July 4, Sanford Riverwalk will have food and fireworks beginning at 5:00 p.m.Commissioner Carey passed out sparklers to the Commissioners and wished all a happy Fourth of July.

-------

†††† Commissioner Dallari stated for the past couple weeks he has been getting a lot of e-mails regarding the notice the city of Casselberry sent out.He asked Mr. McMillan what can be done to inform the residents that their water service in the City wonít get disconnected or terminated unless they donít pay their bills.

†††† Mr. McMillan said he is not sure the County can speak for the city of Casselberry about what they are going to do.He said he doesnít know what it is Casselberry has said itís not going to do anymore, except not going to send out notices.He understands they are still going to require anyone who wants to open or transfer a new account, whether they are already receiving water services or not, to sign an annexation agreement.He thinks the City has said they are not going to go to customers and say you are currently a customer and if you want to continue to receive service, you will have to annex.He said he doesnít think that is what the City was doing anyway and thatís the only thing he heard the City say they will not do.

†††† Chairman Henley stated he has gotten a number of e-mails also.Around 5:30 p.m. yesterday, a realtor called and said he lost two sales that day because the people were not going to annex and would not sign the form, and, therefore, refused to close on the sale.

†††† Commissioner Carey said she understood from the City Manager that this was an ordinance adopted by Casselberry in 1991 and they have never implemented it.They were trying to implement the ordinance.She said her concern is that if someone comes in and apply for service as a rental tenant, he does not have any authority to sign the document, and the owner could be anywhere and how would you get your water turned on.She thinks there has to be some compassion with what the City is doing.

†††† Mr. McMillan said that discussion came up at the meeting last night.He advised Commissioner Dallari that he knows what the City is doing, but he is not sure itís legal from his standpoint.He summarized a Supreme Court case hearing in 1995.He said his view would be that if Casselberry is a water and sewer provider, they have an obligation under State law to continue to provide water and sewer to the sight unless for nonpayment or specific things for which the water and sewer could be cut off.

†††† Commissioner Dallari stated his frustration is he asked the City Manager to send out a notice to correct this and she refused.

†††† Chairman Henley said he and Ms. Coto met with the City Manager and attempted to make the point that they had been serving that area since the 1970ís and it was not a new service costing them money and they have been getting 25% of the surcharge all these years.Apparently, they didnít see it that way.

†††† Mr. McMillan said there is case law that if youíre the water and sewer provider and prohibit someone from getting water and sewer on property within your jurisdiction, you can be hit with a takings claim and a Bert Harris claim, unless you allow them to provide alternative service.He said he doesnít know how anyone would get alternative service on these sites.

†††† Mr. McMillan advised that the County owns a platted lot within Wellington and did get a notice from Casselberry also.He talked to City Attorney Katie Reischman yesterday, but she did not seem to think the City was prepared to change itís policy.

-------

†††† Commissioner Dallari said he is continuing the meetings with residents of Chuluota about Aqua Utilities, and the PSC (Public Service Commission) meeting is today in Oviedo.He said he got a phone call during lunch that they have quite a packed house at the meeting.He will continue to work with the residents there.He will be meeting with a couple of residents this coming July to see about potential avenues and will bring that back to the Board.

-------

†††† Commissioner Dallari reported that the Seminole County Cultural Arts Council is working with Steinway Piano to do a program for economically disadvantaged children, ages 6 to 16, to try to provide them a piano.They are trying to provide five children in Seminole County with pianos and are working with the School Board.If anyone is interested in being involved, asking students to participate or give financial support, they are willing to talk with them.

-------

†††† Commissioner McLean reported that longtime Lake Mary Police Chief Richard Beary is leaving to take a position as Police Chief at the University of Central Florida.He congratulated Mr. Beary on his new position.Commissioner Van Der Weide wished Mr. Beary the best.

COUNTY ATTORNEYíS REPORT

†††† Mr. McMillan reported on Anchor Road that the city of Casselberry cancelled the adoption hearing last night, and the item was not even on the agenda.He said Planning Manager Dori DeBord attended the meeting to monitor what was going on and she was present for the public hearing comments regarding the water and sewer services item.He distributed copies of a map (received and filed) for the Anchor Road Business Center area proposed for annexation (Schedule B) that the City advertised.Staff showed a map (copy received and filed), Appendix A, of the present and proposed municipal boundaries, and Mr. McMillan pointed out the enclave that would be created by the annexation.He explained when it was pointed out to the City they would be creating an enclave, they modified the annexation by clipping off a part of the lower right corner of the parcel (shown on Schedule B map).He noted that the staff map shows a true representation of what was clipped which is about 50 square feet.In order to avoid the enclave, the City clipped the corner to say there is no longer an enclave.He said the City has rescheduled the hearing for July 9 for a second reading and adoption.Unless something else comes up, staff will attend that meeting to put the Countyís objections on the Record.

†††† Chairman Henley said he will look forward to a report from staff on the next public hearing.

†††† Commissioner Van Der Weide asked if progress has been made on the Joint Planning Agreement.Chairman Henley said a letter was received from the City desiring to move forward with joint planning on certain issues.

†††† Ms. DeBord addressed the Board to state there are two aspects of the JPA under discussion now.One is dealing with the Anchor Road parcel and what the Boardís decision was.She said she told the City yesterday what the Boardís decision would be today as far as what action they choose to take on this as to whether the Board would enter into a JPA or a memorandum of agreement regarding the parcel.Also, the City is interested in entering into a JPA citywide looking at outparcels and enclaves.She said with the Boardís direction, staff will begin talking with the City about that.She doesnít know if anything will be completed by the Boardís next meeting on July 24.

†††† Upon request of Chairman Henley, Ms. DeBord explained the circumstances of the Anchor Road parcel.Discussion ensued.

†††† Commissioner Dallari said he was informed by the City Manager last week that the property owner does not want to annex the three lots that will cause the enclave.

†††† Commissioner McLean said he thinks the ultimate solution would be a JPA-type agreement.He cautioned the Commissioners, however, to be sure to not get into a case-by-case scenario; to not set up a JPA for this one particular circumstance and end up having 15 different agreements.He thinks the solution needs to be comprehensive in scope.

†††† Ms. Coto said her discussions with the City Manager have been that the County is not really interested in a JPA to deal with a single parcel, but if the City is interested in talking about everything from water and sewer to densities to enclaves, the County would be happy on a global basis to have those discussions and see if they can come to an agreement on a joint planning agreement.She advised the City Manager she didnít think it would be beneficial to either party to have a JPA on the single parcel.

-------

†††† Mr. McMillan said they have seen the order on the Charter case and it could be signed any day now.An appeal would have to be filed within 30 days.He asked for the Boardís direction on that.

†††† Commissioner Van Der Weide said he is not willing to go back to court and challenge the order.He would like to think the Board can do what the people told them and come up with at least a starting basis for the issues before them and move on.He said there is a committee in Orange County with Linda Chapin and he doesnít know how long that will go on, but Mr. McMillan can come up with a matrix when thatís finished and the Board can determine what they want.He thinks they need to forget the court proceedings.

†††† Chairman Henley said he already expressed that he is not interested in pursuing that.He is interested in the Board taking a look at some ethics.The people are concerned about it and with the perceptions being created by individuals and comments by the Legislature about abuse and misuse, he thinks it is important to give some time and thought to come up with some ethics.He thinks there is a desire to lend real credibility to the Commission and to government in general.He would support the Board visiting that.

†††† Commissioner Van Der Weide stated he thinks they need to do this expeditiously and not drag it out.

†††† Commissioner Carey stated she thinks the Board has done what they were obligated to do, which was that the County represented the voters and filed the lawsuit and now that the Judge has ruled against them, she doesnít think they should throw good money after bad, knowing they probably donít have much chance of winning.

†††† Commissioner Dallari said he agrees they should move post haste if possible.They donít need to be throwing good money after bad.They have gotten a decision so they should move on. Commissioner McLean asked if, as they go through the process, they could set up some sort of standards of ethical conduct.He said he understands that the court ruling does not deal with the Constitutional Officers.That doesnít mean they canít voluntarily adhere to the same standards.The Board can put that before them and, if they would like to, the Constitutional Officers can adhere to those standards.

†††† Commissioner Carey advised there is a code of ethics already, not only for the Commissioners but for the Constitutional Officers also.This is set by the State and anyone can file a complaint with the Ethics Commission and cause an investigation.

†††† Chairman Henley said he will meet with the County Attorney and County Manager and try to come forth with a plan of action to give to the Board.

†††† Commissioner Carey said the County Attorney has been working on this based on prior direction from the Board and there are two drafts ready now dealing with the Commissionersí compensation and land use disclosure.

†††† Mr. McMillan said these drafts would be brought to the Board at the next meeting.He said he said can bring back a base draft of the ordinance on ethics as soon as possible, and if there is anything beyond that that the Board wishes to discuss relative to what comes out of Orange County next year, they can do that.

†††† Commissioner Van Der Weide stated some people have indicated they think there is a loophole in what Mr. McMillan proposes on the land use disclosure issue.

†††† Mr. McMillan said he had read in the newspaper that some think there is a loophole in the attorney/client privilege.He said there is no attorney/client privilege; that belongs to the client and not the attorney.Any attorney who comes in and applies for an application for a property owner has to have authorization from the property owner.The only exemption is if there is a statute that absolutely prohibits or makes confidential the name of the owner.

COUNTY MANAGERíS REPORT

†††† Ms. Coto stated the Board discussed with the city of Oviedo in August, 2006, the creation of a Community Redevelopment Agency and that has moved forward at a slow pace.The City at their June 18, 2007, meeting requested, by Resolution, that the County extend again their request until March 31, 2008.This still does not obligate the County to anything but allows for continuing discussions with the City.

†††† Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve extending to March 31, 2008, the city of Oviedoís request for creation of a Community Redevelopment Agency.

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

†††† Commissioner Dallari asked if Ms. Coto had any additional information on this CRA.She said Oviedo had submitted responses to some of the concerns staff had expressed, but they still have not done their redevelopment plan.

-------

†††† Ms. Coto discussed a letter (copy received and filed) related to the YouthBuild Program, which was originally endorsed by the Board in 2004.The city of Sanford has made a request to the County to continue serving on their Advisory Board, give staff assistance with review of future grant-writing and funding support for ten rehab and small construction projects per year for a two-year period, averaging $500 per project.She said the County staff has reviewed this and believes they can provide a liaison to their Board, but cannot provide grant-writing services. However, the County can provide some assistance in knowing what grants to go after.Regarding the financial support, they would be looking at monies that are federal or State grants through Dr. Medleyís program and not General Fund dollars.

†††† Commissioner Carey said she also received a request from Sanford for a letter of support to apply for a grant.She said this is a pilot program and she thinks it is going relatively well.She thinks the Board should try to continue to educate their youth.She said these youths are already in the system.

†††† Chairman Henley asked if this program has tried to work with Seminole Community College as they have vocational programs.

†††† Dr. Medley addressed the Board to advise SCC is represented on the Advisory Board and is also coordinating their training program for the youth.

†††† Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the requests as outlined in the Letter, as shown on page _______, to the city of Sanford with regard to the YouthBuild Program.

†††† Commissioner Dallari said he has no problem going along with the approval, but in a subsequent letter, he would like to see if the city of Sanford would like to match the Countyís money.

†††† Upon inquiry by Commissioner McLean, Mr. Medley stated he spoke with the Deputy City Manager and made it clear that the County will not be a grant writer but will give some technical assistance.

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

-------

†††† There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:59 p.m., this same date.

 

ATTEST________________________Clerk_____________________Chairman

er/cc