BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JULY 23, 2013

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, July 23, 2013, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Robert Dallari (District 1)

Vice Chairman John Horan (District 2)

Commissioner Lee Constantine (District 3)

Commissioner Carlton Henley (District 4)

Commissioner Brenda Carey (District 5)

Clerk of Court Maryanne Morse

County Manager James Hartmann

County Attorney Bryant Applegate

Deputy Clerk Terri Porter

Pastor Dan White, Safeharbor Christian Church, Sanford, gave the Invocation.

State Senator David Simmons led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Senator David Simmons addressed the Board to present his proposal for the analyses of natural springs in the State of Florida and development of a statewide water policy. He said in speaking with the President and the President Designate of the Senate, they agreed that the time to do something is now. He stated they would like to have a plan that requires a systematic cleanup of all the springs, which includes the Wekiva Springs in Seminole County. Senator Simmons spoke with Hans Tanzler, Executive Director of St. Johns River Water Management District (SJRWMD), and suggested a time period of 10 years, which he said Mr. Tanzler felt was doable; however, it will require a tremendous commitment by every stakeholder and governmental entity involved in order to accomplish this goal. He advised he asked the Department of Environmental Protection (DEP) and SJRWMD to prepare proposed legislation on what they believe they can do right now that is without constraint of statutory limitations. Senator Simmons will be meeting with them on Friday regarding this. He said he believes this is essential for economic viability and the quality of life in this state. He said he knows that Seminole County is already a major player in this issue. He also met with the League of Women Voters and several other groups who expressed their views as to the increase in the amount of algae. He asked for the Board’s support, input and leadership in pursuing this endeavor.

Commissioner Henley stated that this is a very worthy goal and has been needed for a long time. He questioned whether the legislation will come forth with a package that includes unfunded mandates for local governments. Senator Simmons advised that it will have some unfunded mandates because it will be necessary for all of them to look at what needs to be done and how they are going to change the way they are doing it. Commissioner Henley responded he is not surprised by that when looking at the job that needs to be done in relation to the effort. He said there has been millions of tax dollars spent trying to clean up Lake Apopka. He is concerned that companies who have been major offenders get away without having to do anything and taxpayers as a whole have to pick up the total bill. He hopes that when the legislation is brought forward that it will take into consideration where the big offenders are and also those who have made conscientious efforts to try to clean up those areas in their jurisdiction. He reiterated what Senator Simmons stated earlier, that Seminole County has made tremendous efforts in order to prepare for the future with growth and the impact that will have on the aquifer. He commended Senator Simmons for stepping forward and taking the lead on this issue.

Senator Simmons stated he is here today to make sure that the Seminole County BCC has a hand in the drafting of the legislation. As soon as he receives the first draft, he will circulate it to the Board and ask for their input.

Chairman Dallari commended Senator Simmons for stepping out on this journey. He stated the unfunded mandates get burdensome to the citizens, and if there is a cost as a result of this legislation, he believes that the cost should not be pushed back onto the rate base.

Commissioner Carey stated there are several agencies that are supposed to be responsible for making rules to protect the environment, i.e. the DEP and the Water Management Districts. She said she believes the 10-year time period to clean up is pretty ambitious. She would like to make sure they take a scientific approach to this. She agreed that it is a statewide problem; however, she stated the State rarely imposes any tax to deal with a statewide issue but instead they push the process down to local governments in an unfunded mandate, which at some point will cause this County to address their tax rates, and they are some of the lowest in the state. She said that right now she believes they have about $24 million of unfunded mandates that come from the State, so she would encourage looking at a statewide funding solution for the springs issue. She said they are dealing with many local water bodies in an unfunded state through the TMDL process and there are also federal mandates where Florida was unfairly analyzed in that federal process. Hopefully in trying to make new policies, they will look at what the other bodies are doing and try to bring some of that together to consolidate it.

Senator Simmons discussed several reasons that problems with the springs are occurring.

Commissioner Horan thanked Senator Simmons for his leadership on this issue and all the difficult issues that he gets involved in. He stated that the Senator has a lot of courage and knowledge. Regarding river restoration and watershed protection, he said it is a lot of science and some art; and the facts of all the legacy loads that the County already has should be looked at. He advised that a recent study identified certain things about Lake Jesup that were not previously known which throws into question whether the Basin Management Action Plan in effect for that particular water basin makes a lot of sense. He said he pledges his personal cooperation. Whatever fact-based solution they can come up with, he hopes they don’t put too many mandates on the local governments because they need to work hand-in-hand with their state legislators to ensure they tell the voters and citizens that this is the kind of thing that requires a solution at the state level and local level because they all represent the same citizens. Therefore, if they have to use taxpayer-funded solutions, he hopes the State Legislature will “share the pain” with them.

Commissioner Constantine stated that scientists have been very clear that stormwater, the misuse of fertilizer and septic tanks that are not working, are the three main causes of pollution of the waterways. He advised he is co-chair of the Florida Conservation Commission, and together with other groups, they need to continue to put together different solutions to bring together a common solution, a common “white paper” that can be transferred into legislation. There has been a fallback from environmental laws that were already on the books; some due to economic conditions and some due to thinking that it would promote more jobs in the State of Florida. He reiterated that one thing they would be concerned about is more mandates on local government. If many of the laws on the books today were followed through and they had the resources, many of the concerns would be taken care of in time. He said there is a constitutional amendment that is coming up this year that would require a portion of the doc stamps (State Documentary Stamp tax) be used for restoration, which would be a lot of State money that could be used that is already on the books; no new taxes. As they see an upswing in the economy, there will be more money in doc stamps. He opined it should be used for both affordable housing and for water resources. Even if the amendment does not pass, the Legislature has within its power to use those dollars. He said there is great staff in Tallahassee and suggests they look into past legislation that is already on the books that can be used as well as some things from the Water Management Districts, the DEP, and the Florida Conservation Commission. Commissioner Constantine said he looks forward to working with the Senator as this is an issue he has great passion for and believes in very strongly, and he looks forward to a positive 10-year solution.

Chairman Dallari thanked Senator Simmons and said they look forward to working with his staff. He asked that the Senator let them know when he would like to come back to the Board regarding this issue.

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Chairman Dallari recessed the BCC meeting at 10:00 a.m. and convened the U.S. Highway 17-92 Community Redevelopment Agency meeting.

U.S. HWY 17-92 CRA

Tom Tomerlin, Economic Development Acting Director, addressed the Board to present a request for funding to upgrade Florida Department of Transportation (FDOT) standard street lights to decorative street lights on U.S. 17-92 between Ridge Road and Division Street, at a cost not to exceed $387,900.

Mr. Tomerlin stated the upgrade totals 32 lights and will maintain the historical theme that extends south from Lake of the Woods to the Orange County line. He noted a correction to the account number on the Budget Amendment Request (BAR).

Commissioner Carey advised that this project is not being done in advance but will be done as part of the proposed flyover project. Mr. Tomerlin stated he confirmed with County Engineering that no street lights will be displaced or removed to accommodate both projects.

Motion by Commissioner Horan, seconded by Commissioner Carey, to approve the funding request to upgrade Florida Department of Transportation (FDOT) standard street lights to decorative street lights on U.S. 17-92 between Ridge Road and Division Street, at a cost not to exceed $387,900; and adopt appropriate Resolution #2013-R-175, as shown on page _______, implementing Budget Amendment Request (BAR) #13-104 providing for funding from the 17-92 Trust Fund, Capital Improvement Reserves.

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

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Request to consider establishing a new U.S. Highway 17-92 Business Development Assistance Grant Program to assist businesses with start-up operational costs for new or relocating businesses within the U.S. Highway 17-92 Community Redevelopment Area, was presented.

Chairman Dallari stated he would like more information on the exact areas and their rates and rent histories before bringing this forward.

Commissioner Carey stated she also has questions and believes it is a great idea on paper, but to make it work in the real world is more challenging. She said that gathering rental information can be difficult since it is private information. She would like to see some kind of criteria, i.e. dollars and jobs.

Commissioner Henley stated he has the same concerns. In addition, he said he does not know if there is an inventory of vacant spaces, how many are suitable for start-up businesses, or the reasons for the vacancies. He said he is also concerned about creating a situation where private businesses start depending on the government to be able to survive. There is very little detail as to the criteria of those businesses, and about 95% of all start-up companies fail within the first three years due to undercapitalization. He recommended they give more thought to this matter.

Commissioner Constantine concurred with the Commissioners regarding their concerns. He stated that as they watch the State struggle to decide how to give incentives, he doesn’t want to create a new incentive program without strict guidelines.

Commissioner Horan stated that as a member of the Redevelopment Planning Agency (RPA), these particular issues were reviewed and discussed. This was an initiative that was developed based upon input that came from the business community itself; this was not a staff-oriented type of initiative. The business community, based upon what they thought the need was, said this is the kind of assistance grant that would be helpful to start-up businesses. The Business Development Assistance Grant that staff came up with addressed certain criteria in the document that is included in the agenda memorandum. The grant terms and conditions have six different criteria. In addressing the issue that Commissioner Carey raised, he stated that the commercial lease has to be an arm’s length transaction which is defined in the regulations. The procedures for implementation are identified. The metrics for measuring what effects the program would have is set out in the procedures. He said a lot of work and research went into it, and he believes it is a good program and something that will help that corridor.

Commissioner Horan stated in Seminole County, there are a lot of very small businesses that incubate and those businesses need a certain type of assistance to establish some kind of a start-up catalytic effect. He said he does not know what additional information they can come up with other than a history of other agencies that have done similar types of programs. The reason this was unanimously approved at the RPA level was because the staff really did their homework on this in terms of who it would affect and what the return on investment would be. This is, in fact, seed money that wouldn’t be normally available given the lack of a capital accumulation structure for a small business. He stated he hopes staff will bring this back and that the Board will give favorable consideration to it.

Commissioner Carey stated it is certainly a program worth looking at but there is some conflicting information, i.e., it states an existing business can’t relocate and then on the other hand in Procurement Requirements, it asks for historical financials. She said there is a little tweaking that needs to be done and she would like to see it come back for reconsideration.

Commissioner Henley stated he has a problem with this from a philosophical standpoint. He questioned how they would answer the small businessman that is struggling to survive out there and yet have someone who wants to start up something who might be a competitor, and then the County is going to subsidize it. He said he has never believed it is government’s responsibility to make a business successful; it is the Commission’s responsibility to not make it hard on them to survive. He stated he understands the intent, but they are already helping startups through the incubator system and he doesn’t want to take tax dollars to subsidize one that wants to start up and not be able to help the one who is already there, who has been paying taxes and struggling. He said he is willing to look at it to see if they can tweak it.

Commissioner Horan stated he agrees with Commissioner Henley philosophically, but this is the money that was generated by the increase in value of the very properties and owners along 17-92 that are trying to fill those properties with tenants.

Commissioner Henley stated there are other problems along that corridor that prohibits development and he has not seen a great deal of effort to try to create the infrastructure that is so badly needed in those areas because they are struggling businesses. He advised that he has heard from more than a half dozen business owners along that corridor over the years and they cannot improve because if they try to make one improvement, they’ve got to meet every code and they are not going to borrow against their property in order to make improvements. Commissioner Henley stated they are going to have to solve the infrastructure problems, to which Commissioner Horan agreed.

Commissioner Carey stated she believes they are all on the same page philosophically. She explained that when this CRA was established, the goal was to deal with the infrastructure issues. She said she had testified before this Commission as a representative of landowners in regard to that 17-92 CRA. The landowners didn’t object to the creation of the CRA as long as the money was put back into the areas from where it was mostly taken. When looking at an analysis of where the dollars have been reinvested, it hasn’t necessarily been from some of the larger landowners. The infrastructure problem is the biggest issue and if they don’t fix it, they are never going to get people to come and redevelop 17-92, which was the whole goal in creating the CRA to begin with. When 17-92 was platted hundreds of years ago, everybody wanted to have road frontage, so there are narrow, deep lots and today, you could not put all the parking requirements or stormwater requirements on it. She reiterated what Commissioner Henley said, that people are not going to go borrow money to redevelop their property when they would end up with a net loss of square footage, which is the only thing they have that they can rent. She said they must solve that problem and believes it is a better use of the dollars. This CRA is going to expire in 2017 and it will take every dollar that will be generated and probably then some to address the stormwater issues. She said they maybe need to take time to do that analysis before they continue to allocate funds to new programs.

Commissioner Dallari stated he believes staff is working on stormwater analysis up and down the 17-92 corridor.

Commissioner Horan stated they have a Capital Improvement Program (CIP) that has been proposed through the RPA and also has been approved by this Board acting as the CRA Board. That Capital Improvement Program, to the extent that it is not addressing those issues that Commissioners Henley and Carey just brought up, then needs to be addressed. He said this Board has continually approved that CIP both after and before he came on this Board, and he doesn’t believe any fault has been found in that CIP that had been developed at that time. But if those stormwater and infrastructure issues are not being addressed by the CIP of the CRA, then they need to address that. This amount of money for this assistance program will not impact that and in fact, the dollars are already addressed for that issue. Based upon projections of what is presently in the CIP at the end of 2017, they will have probably somewhere in the neighborhood of $4 million to $5 million. He said he believes those issues are addressed and doesn’t think this money will impact that, and as Commissioner Henley pointed out, that money comes back in terms of the County budget and also the cities budgets in 2017 and they will have a trust fund. Being able to leverage that trust fund is something that they need to plan on.

Motion by Commissioner Horan, seconded by Commissioner Carey, to continue the request to approve establishing a new U.S. Highway 17-92 CRA Business Development Assistance Grant Program, to assist businesses with start-up operational costs for new or relocating businesses within the U.S. Highway 17-92 Community Redevelopment Area.

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

Chairman Dallari adjourned the U.S. Highway 17-92 CRA meeting at 10:20 a.m. and reconvened the BCC meeting.

PUBLIC PARTICIPATION

Ellen Parcell, CEO of Heart to Heart: A Community Care Home, Inc., addressed the Board to thank them for all the work that the County does for the homeless and the people who are in need. She reported that since they have been working with Seminole County starting in 2006, with Commissioner Carey being one of their strong supporters, they have gone from $150,000 in the red to $1.2 million. They have served 57 women and children. She stated 100% of those women are working and 80% are in college or have graduated from college, and this is all through the work that Heart to Heart is doing with assistance from the County. She concluded stating that only through housing to stabilize the children with the families, the mothers, and then through good jobs and education are they going to really solve the problem of homelessness and poverty.

Commissioner Carey stated that Heart to Heart is a wonderful program that helps many women and children. It is designed for women with families and she is proud to be a strong supporter for that organization.

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Chase Tolle, President of Whiteleaf d/b/a Traffic Solutions, addressed the Board to talk about Consent Agenda Item #36, Term Contract Award for Roadway Markings, Striping and Brick Texture Surfacing. It was recently put out to bid for an annual contract. His company is the largest pavement marking company in the State, and he moved the company to Sanford because Seminole County has a great work force and he wanted his children to go to school in this school system. His company performs work in all eight FDOT districts, they are pre-qualified with FDOT, and they have many countywide contracts. They were the Apparent Low Bidder on this contract. The invitation for bid included a section called the Selection Process and Award. That portion of the invitation read that the award will be made to the lowest priced, responsible bidder; he said the words award and bidder are singular. He continued stating that The Recommendation of Award section states that the award, award being singular, will be based on but not limited to the criteria of the ability, capacity and skill of Apparent Low Bidder, bidder being singular, to perform the Work, with work being capitalized as if referencing the entire contract. He said it has been noted that there is discussion of awarding this contract to both the low bidder and then the previous contract owner. He stated he does not think that is appropriate and requests that the Board consider awarding this contract to the lowest bidder, as was done during the private opening.

Ray Hooper, Purchasing & Contracts Manager, addressed the Board to state that all work under these term contracts will be to the lowest bidder. The issue is that there are 72 FDOT Pay Items in the contract under 4 groupings. This particular vendor is low under 2 groupings and the other vendor is low under the other 2 groupings. These are master agreements and the master agreements that are awarded do not come with any award dollars. The award dollars will be issued through release orders or task orders. Those task orders will go to the lowest bidder between those two firms.

Commissioner Carey stated she understands Mr. Tolle’s inquiry, but it is not uncommon for the County to select more than one firm under these contracts. Upon reviewing the details, there were instances where Fausnight Stripe and Line, Inc., who is the second low bidder, was lower and in some instances, 10 times lower, i.e. one was $.50 per foot, the other was $5.00 per foot.

Mr. Hooper advised that the Procurement Code allows maximum flexibility to award partial, multiple, no contract, or whatever the case may be in the best interest of the County. In this case, since there are 72 line items and they don’t yet know the quantity for any of those line items, the best interest of the County is to, as the work comes in, send that particular work to both of the vendors and then award on the overall lowest price.

Commissioner Dallari stated Mr. Tolle had commented that the wording in the RFP was singular and not plural and that the Invitation for Bid doesn’t really say that the award is based on the lowest bidder for each line item.

Mr. Hooper advised that it is based upon the unit price per unit item. They determined which of the four firms that submitted bids was low by taking estimated quantities on an annual basis, so they did the extension of the unit price that was submitted by each of the bidders by the estimated quantity and came up with who was the so-called Apparent Low. Once the agreements are awarded, they get the firm prices based upon the actual quantities based upon the unit prices. The vendors can never increase the unit prices. Upon inquiry by Commissioner Dallari, Mr. Hooper stated the vendors always have the right to lower their unit price, but they can never exceed the contract unit price.

Upon inquiry by Commissioner Horan, Mr. Hooper responded that there is no mandatory requirement for them to have to bid at all. Dates and parameters are set in term contracts and master agreements, and contractors, because of their own work load or their inability to meet the County’s requirement of a certain timeframe, sometimes do not bid.

Upon further inquiry, Commissioner Carey stated that if you have two contractors that are pretty much neck-in-neck on most things and one quotes $.50 and the other quotes $5.00, having done these bids before, one person made a mistake more than likely, but they will have to live with that.

Commissioner Dallari stated that part of the issue, from what he is hearing from Mr. Tolle, is that it wasn’t clear that the award would go to multiple bidders and then be re-evaluated on a case-by-case basis. Commissioner Carey suggested they put that in the RFP or the bid documents. Mr. Hooper advised that they reference the Seminole County Code in their solicitation documents. Mr. Hartmann stated they can be more explicit.

COUNTY MANAGER’S CONSENT AGENDA

Jim Hartmann, County Manager, advised that under the Consent Agenda, staff would like to pull Item #11, Certificate of Public Convenience and Necessity for Pronto Dumpsters, LLC. Under Public Hearings, the applicants are requesting that the following items be continued as follows: Item #46, Florida Avenue Right-of-Way Vacate, to August 13, 2013; Item #47, Colonial Village at Townpark Rezone, to September 10, 2013; and Item #48, Colonial Townpark PD Major Amendment, to September 10, 2013.

Commissioner Horan requested Item #5, Community Services Agency Partnership Grant funds, be pulled for separate consideration.

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

County Manager’s Office

Human Resources Division

4. Approve and authorize staff to hire a Neighborhood Stabilization Program 1 and 3 (NSP1 and NSP3) Construction Project Manager on a temporary basis, to meet the NSP deadlines and oversee NSP construction projects for the Community Services Department.

Community Services

Community Development Division

6. Approve and authorize the Chairman to execute the Subrecipient Agreement, as shown on page _______, with Heart to Heart: A Community Care Home, Inc. to provide a grant of $27,400 in CDBG funds for rental rehabilitation work.

7. Approve and authorize the Chairman to execute Form SF-424, as shown on page _______, all certifications contained in the 2013/14 One-Year Action Plan, as shown on page _______, and approval for staff to submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD), to procure Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program, and Emergency Solutions Grants (ESG) Program funding.

Economic & Community Development Services

Planning & Development Division

8. Approve the final plat for Elm Acres Subdivision containing 2 lots on approximately 4.8 acres zoned A-1 (Agriculture) located on the east side of Elm Street, approximately 500 feet north of Panther Street; Chris & Patty Wilson and Penny & Greg Weingart.

9. Approve the final plat for Pearl Lake Estates Subdivision containing 69 lots on 34.12 acres zoned PD (Planned Development), located on the west side of Orange Blvd., approximately one-fourth mile south of Wilson Road; Taylor Morrison of Florida, Inc.

10. Adopt appropriate Resolution #2013-R-176, as shown on page _______, vacating and abandoning the platted 7-foot utility easement on the east 42 feet of Lot 5 and the west 63 feet of Lot 6, Block B, English Estates Unit 1, according to the plat thereof, as recorded in Plat Book 13, Page 1, of the Public Records of Seminole County, Florida, further described as 2020 Hunterfield Road; Superior Aluminum.

Environmental Services

Solid Waste Management Division

11. Pulled from the agenda the request to approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Pronto Dumpsters LLC, effective from July 23, 2013 through September 30, 2014.

12. Approve and authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, between Seminole County and City of Maitland for Solid Waste Management Services.

Leisure Services

Parks & Recreation Division

13. Approve and authorize the Chairman to execute the Sublease Agreement, as shown on page _______, with the Galileo School Foundation, Inc. at the Midway Community Center.

Tourism Development Division

14. Approve and authorize the Chairman to execute a Tourist Tax Funding Agreement, as shown on page _______, with Florida Half Century Senior Softball Association in the amount of $2,897.50 for the 2013 Florida Half Century August Senior Softball Tournament to be held at the Seminole Softball Complex and Merrill Park on August 3-4, 2013.

Public Works

Engineering Division

15. Adopt appropriate Resolution #2013-R-177, as shown on page ______, and authorize the Chairman to accept a Special Warranty Deed, as shown on page _______, from FB School Holdings, LLC (Star Child Academy) for the dedication of right-of-way in conjunction with their site development adjacent to Longwood-Lake Mary Road.

16. Approve and authorize the Chairman to execute the Seminole County/MetroPlan Orlando (Urban Area Metropolitan Planning Organization) FY 2013/14 Funding Agreement, as shown on page _______, in the amount of $172,259.

17. Adopt appropriate Resolution #2013-R-178, as shown on page ______, and authorize the Chairman to execute a Locally Funded Agreement, as shown on page _______, with the State of Florida, Department of Transportation for the State Road 15/600 (U.S. Highway 17-92) Interchange at State Road 436 Project and a Memorandum of Agreement, as shown on page _______, with the State of Florida, Department of Transportation, and Department of Financial Services, Division of Treasury, to provide for the establishment of an interest-bearing escrow account for the funds being advanced by the U.S. Highway 17-92 Community Redevelopment Agency. (FDOT-Financial Management #404418-1-52-04)

Fleet/Facilities Division

18. Approve and authorize the Chairman to execute the Second Amendment, as shown on page _______, to the Seminole County Health Department and Community Services Lease Agreement entered into on February 2, 2005, and as amended on December 24, 2009, between Greater Properties, Inc. and Seminole County, to reduce space from 9,372 square feet to 4,200 square feet.

Resource Management

Budget and Fiscal Management Division

19. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-179, as shown on page _______, implementing Budget Amendment Request (BAR) #13-101 in the amount of $542,375 in the HOME Program Fund reflecting the reallocation of reimbursed funds by the federal government.

20. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $102,941 for the FY 2013/14 Emergency Management Performance Grant, and approve and authorize the Chairman to execute appropriate Resolution #2013-R-180, as shown on page _______, implementing Budget Amendment Request (BAR) #13-102 in the amount of $102,941 to appropriate grant funds for the Emergency Management Program.

21. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-181, as shown on page _______, implementing Budget Amendment Request (BAR) #13-103, through the General Fund in the amount of $12,200 to establish budget for the purchase and installation of a lightning prediction system and to establish the Soldier’s Creek Park Lightning Prediction System project.

22. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-182, as shown on page _______, implementing Budget Amendment Request (BAR) #13-106 through the newly established SHIP Affordable Housing 2013/14 Fund in the amount of $695,450 in order to recognize and budgetarily establish SHIP funding in accordance with the State Housing Initiative Program (SHIP) FY 2013/14 Funding Certification approved by the Board of County Commissioners on June 25, 2013.

23. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-183, as shown on page _______, implementing Budget Amendment Request (BAR) #13-107 in the amount of $91,043 through the Enhanced 911 Fund to appropriate additional funding for the 911/EOC UPS System project.

24. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-184, as shown on page _______, implementing Budget Amendment Request (BAR) #13-108 through the General Fund using reserves to provide $600,000 additional funding for Medicaid reimbursement.

25. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-185, as shown on page _______, implementing Budget Amendment Request (BAR) #13-110 through the 2001 Infrastructure Sales Tax Fund to increase funding for the Hattaway Drive Sidewalk and Drainage Improvements project in the amount of $525,000 from reserves.

26. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-186, as shown on page _______, implementing Budget Amendment Request (BAR) #13-111 through the Public Works Grants Fund in the amount of $7,000,000 to recognize grant funding and establish budget for the Lake Jesup Soldier’s Creek Regional Stormwater Facility project.

27. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-187, as shown on page _______, implementing Budget Amendment Request (BAR) #13-112 in the amount of $32,000 through the Technology Replacement Fund to appropriate funding for servers to be used for E-Permitting and E-Plans.

Purchasing & Contracts Division

28. Approve First Amendment, as shown on page _______, to PS-5116-10/JVP with CDM Smith, Inc., Maitland, to extend the Master Services Agreement (MSA) through August 9, 2014; add a single one-year Renewal Option; and authorize the Purchasing & Contracts Division to execute the Amendment.

29. Approve Second Amendment, as shown on page _______, to RFP-600149-07/TLR Financial Consultant Services with First Southwest Company, Orlando, for a time extension to September 30, 2014; and authorize the Purchasing & Contracts Division to execute the Amendment.

30. Approve Second Amendment, as shown on page _______, to RFP-600233-07/TLR Bond Counsel Legal Services with Nabors, Giblin and Nickerson, P.A., Tampa, for a time extension to September 30, 2014; and authorize the Purchasing & Contracts Division to execute the Amendment.

31. Award CC-8665-13/RTB, as shown on page _______, Roof Repair and Replacement at Seminole County Juvenile Justice Center in the amount of $144,659 to Southland Rowe Roofing, Inc., Sanford; and authorize the Purchasing & Contracts Division to execute the Agreement.

32. Approve Change Order #2, as shown on page _______, to RFP-7760-12/RTB Public Safety Building UPS Replacement with Computer Power Systems, Inc., Winter Springs, in the amount of $91,042.20; add an additional 45 calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order.

33. Approve SS-601776-13/BJC Upgrades, Maintenance and Support for the County's Positron Viper Equipment System, with Tiburon, Inc., Pleasanton, California; and authorize the Purchasing & Contracts Division to issue Purchase Orders.

34. Approve an unauthorized commitment of $16,913.33 and continue RedAlert software support for up to three years from Alpine Software Corporation, Pittsford, New York; and authorized the Purchasing & Contracts Division to execute the unauthorized documents and issue the Purchase Order for future services.

35. Approve ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one Master Services Agreement (MSA) for PS-8565-13/JVP Construction, Engineering, and Inspection Services under the Local Agency Program (LAP) (Estimated Term Usage of $900,000).

36. Award IFB-601738-13/GMG, as shown on page _______, Term Contracts for Roadway Markings, Striping and Brick Texture Surfacing to Whiteleaf, Inc. d/b/a Traffic Solutions, Sanford, and Fausnight Stripe and Line, Inc., Longwood; and authorize the Purchasing & Contracts Division to execute the Agreements.

37. Award RFP-601711-13/GMG, as shown on page _______, Term Contract for Electronic Collection (E-scrap) and Recycling Agreement to A-1 Assets, Inc., Longwood; and authorize the Purchasing & Contracts Division to execute the Agreement.

38. Revise Agreement for RFP-601636-13/TLR, as shown on page _______, Online Legal Research Database Services to LexisNexis, Miamisburg, Ohio, in the previously approved amount of $23,940 annually, plus a Not-to-Exceed amount of $1,000 annually, for printed materials; and authorize the Purchasing & Contracts Division to execute the Agreement and associated documents.

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

Commissioner Constantine complimented staff for their work on the Interlocal Agreement with the City of Maitland for Solid Waste Management Services. He stated that this is the kind of inter-government cooperation that he thinks all of them look forward to. It is not only saving the County money, saving the taxpayers money, and saving the City of Maitland money, but it will also extend the life of their landfill.

Regarding the Community Services Agency (CSA) Partnership Grant funds, Commissioner Horan explained these agencies are the Community Service agencies that receive assistance from the County Commission that perform either essential or supportive community services that deserve public support. He stated that an excellent job has been done by the Community Services Department in identifying those service agencies that are essential, that are supportive, and coming up with a point system which is very difficult in situations like this. Right now based upon the budget documents that have been submitted on the proposed budget, there is about $700,000 under these particular funds. This allocation calls for $786,000 to be allocated to these agencies. Last year, $919,000 was dedicated to community service agency funds. The agencies that are being supported this year, on average, are getting about 10% cuts. The ability to service their mission requires more focus on the public assistance funds than on private assistance funds because of the nature of their mission. He requested that until they go through the budget process and can more solidify the numbers, he would like to continue this item.

Commissioner Carey advised they have about $50,000 in the current budget that hasn’t been allocated that will be carried forward. She stated her concern is the effect on the nonprofits if they delay this until they adopt the budget.

Valmarie Turner, Community Services Director, addressed the Board to state they won’t start the contract until October 1. Commissioner Carey stated her concern is if a nonprofit agency is trying to plan their next year and they can’t do so until the end of September versus July or August, that may cause them some issues for federal grants. For example, Safehouse takes the funds they get from the County to get matching grants, so what kind of effect will that have on those agencies and the essential services they provide, particularly those that are providing homeless assistance. Ms. Turner advised that some agencies expressed concern last year and that is why they moved the process up where they applied in May. Staff went through the process of scoring and having the review committee come in to look at the application and ultimately make their recommendation to the Board earlier this year. The process was changed and approved by the Board in October of last year.

Chairman Dallari stated that Commissioner Horan is asking that they put additional funds into it, so they can approve this and always put more in at a later date.

Discussion ensued regarding the effect on the budget, the need to tighten spending, and that most of the organizations have fiscal years beginning July 1. Commissioner Carey added they have about $50,000 in this current budget year that will be coming forward, so they are talking about a $16,000 gap.

Motion by Commissioner Horan, seconded by Commissioner Carey, to approve the recommended funding allocations for Community Services Agency (CSA) Partnership Grant funds in the amount of $786,600 FY 2013/14 to the following agencies: Boys & Girls Club, Boystown, Catholic Charities, Christian Sharing Center, Early Learning Coalition, Foundation of Seminole County Public Schools, Harvest Time International, Heart of Florida United Way, Intervention Services/IMPOWER, Kids House of Seminole, Jewish Family Services, Lighthouse Central Florida, Meals on Wheels, Recovery House, Rescue Outreach Mission, SWOP, Safehouse Shelter, Safehouse YANA Project, Seniors First, Special Olympics; and authorize the Chairman to execute the CSA Agency Agreements upon agency execution.

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

Clerk’s Office

39. Approval of Expenditure Approval Lists, as shown on page _______, dated June 10, 17, 24, and July 1, 2013; and Payroll Approval Lists, as shown on page _______, dated June 6 and 20, 2013; approval of BCC Destruction List; approval of BCC Official Minutes dated June 11 and 25, 2013; and noting, for information only, the following Clerk's "Received and Filed":

1. Change Order #6, as shown on page _______, to CC-6600-11.

2. Contract for Services, as shown on page _______, for Katherine Barnard.

3. Satisfaction of Lien, as shown on page _______, for Case #11-123-CEB, Shadow Bay Ltd. c/o Hara Management, Inc., as approved by the BCC on April 23, 2013.

4. Change Order #3, as shown on page _______, to CC-7694-12.

5. Change Order #2, as shown on page _______, to Work Order #13 to CC-5075-10.

6. IFB-601730-13 Term Contracts, as shown on page _______, for Purchase of Fiber Optic Cable and Miscellaneous Related Items with Anixter and Communications Supply Corp.

7. Third Amendment, as shown on page _______, to IFB-601294-11.

8. Closeout, as shown on page _______, for CC-8545-13.

9. Amendment #2, as shown on page _______, to Work Order #6 to PS-4736-09.

10. Amendment #1, as shown on page _______, to Work Order #2 to PS-5473-10.

11. Contract for Services, as shown on page _______, for Katherine Ayala.

12. Tennis Developmental Instructor Agreements, as shown on page _______, for Eric Cordova and Hristo Koussev.

13. Amendment #1, as shown on page _______, to Work Order #1 to PS-7333-12.

14. Change Order #2, as shown on page _______, to CC-8255-13.

15. First Amendment, as shown on page _______, to IFB-601656-13.

16. Amendment #2, as shown on page _______, to Work Order #38 to PS-4388-09.

17. Change Order #1, as shown on page _______, to CC-8149-12.

18. Work Order #5, as shown on page _______, to RFP-CS01-12.

19. Work Order #44, as shown on page _______, to PS-3914-08.

20. Development Orders, as shown on page _______, for #13-30000050, Jerrey Thurston, Sr. variance and #13-30000044, John A. & Sharon Capo variance.

21. Satisfaction of Lien, as shown on page _______, for Case #11-124-CEB, Sandra Merino and Alexis Perez, as approved by the BCC on March 12, 2013.

22. Second Amendment, as shown on page _______, to IFB-601516-12.

23. Work Order #34, as shown on page _______, to PS-2249-07.

24. Amendment #2, as shown on page _______, to Work Order #15 to PS-5438-10.

25. Work Order #43, as shown on page _______, to PS-3914-08.

26. Closeout, as shown on page _______, for Work Order #82 to CC-1284-06.

27. Work Orders #2 and #3, as shown on page _______, to PS-8047-12.

28. Work Order #2, as shown on page _______, to PS-7643-12.

29. Change Order #1, as shown on page _______, to CC-8255-13.

30. Fourth Amendment, as shown on page _______, to IFB-601297-11.

31. CC-8654-13 Construction Services Agreement, as shown on page _______, Shoemaker Construction Company.

32. Amendment #1, as shown on page _______, to Work Order #20 to PS-2249-07.

33. Change Order #1, as shown on page _______, to Work Order #84 to CC-1284-06.

34. PS-8146-12 Master Service Agreements, as shown on page _______, with CDM Smith, Inc.; AMEC Environment & Infrastructure, Inc.; Applied Sciences Consulting, Inc.; and E Sciences, Inc.; as approved by the BCC on February 12, 2013.

35. Amendment #6, as shown on page _______, to IFB-600537-08.

36. Work Orders #28 and #29, as shown on page _______, to RFP-8312-12.

37. Work Order #56, as shown on page _______, to PS-4388-09.

38. Amendment #1, as shown on page _______, to Work Order #10 to PS-4736-09.

39. Work Order #17, as shown on page _______, to CC-5075-10.

40. Change Order #2, as shown on page _______, to Work Order #14 to CC-5075-10.

41. Amendment #3, as shown on page _______, to Work Order #1 to PS-7397-11.

42. Work Order #55, as shown on page _______, to PS-4388-09.

43. Change Order #1, as shown on page _______, to CC-8247-12.

44. Closeout, as shown on page _______, for Work Order #14 to CC-5075-10.

45. Closeout, as shown on page _______, to CC-6944-12.

46. Change Order #6, as shown on page _______, to CC-6877-11.

47. PS-8186-13 Continuing Engineering Services Agreements, as shown on page _______, for Reiss Engineering; Atkins North America, Inc.; CPH, Inc.; and Hazen and Sawyer, P.C.; as approved by the BCC on March 26, 2013.

48. Addendum #1, as shown on page _______, to the Silverleaf Park PD Third Amended & Restated Developer’s Commitment Agreement.

49. Development Order Addendum, as shown on page _______, for Silverleaf Park PD Minor Amendment.

50. Addendum #4, as shown on page _______, to 1998 Final Master Plan Developer’s Commitment Agreement for Oviedo Marketplace PD.

51. Contract for Services, as shown on page _______, for Kimberly A. Bonk.

52. Change Order #4, as shown on page _______, to CC-7938-12.

53. Work Order #35, as shown on page _______, to PS-2249-07.

54. Amendment #3, as shown on page _______, to Work Order #4 to PS-5107-01.

55. Work Orders #24, #25, #26, and #27, as shown on page _______, to RFP-8312-12.

56. Work Order #4, as shown on page _______, to PS-6658-11.

57. Contracts for Services, as shown on page _______, as follows: Katherine Ayala; Tammy Childs; Brian Godwin; William Kelly; Malcolm McGregor; Mary Jane McGregor; and Rolland K. Shea.

58. Notice to Proceed, as shown on page _______, for CC-8160-12.

59. Amendment #4, as shown on page _______, to Work Order #3 to PS-2825-07.

60. Audit Report of Retiree Health Insurance Premiums prepared by Clerk of Circuit Court Maryanne Morse.

61. IFB-601732-13 Term Contract, as shown on page _______, Marrero Tile, Inc.

62. IFB-601706-13 Term Contract, as shown on page _______, Valleycrest Landscape Maintenance, Inc.

63. Third Amendment, as shown on page _______, to IFB-601516-12.

64. IFB-601732-13 Term Contract, as shown on page _______, Ultimate Carpet Care, Inc.

65. Certificate of Title, as shown on page _______, for Bella Foresta Replat.

66. Amendment #4, as shown on page _______, to Work Order #15 to PS-2564-07.

67. Work Order #23, as shown on page _______, to RFP-8312-12.

68. Development Orders, as shown on page _______, as follows: #13-32000008, K & S Inv. LLC special exception; #13-32000006, The Gathering Place Worship Center special exception; #13-30000023, John E. Kohler Trustee FBO John E. Kohler variance; #13-30000024, Javier & Maria Soto variance; #13-30000026, Grant D. Haines variance; #13-30000029, James R. & Melissa H. Brown variance; #13-3000030, David K. & Alissa Ledgerwood variance; #13-3000032, Joseph & Dorothy A. Paishon variance; #13-30000038, Toni Campbell & Lindsey Huntington variance; #13-30000037, Aaron J. & Elizabeth H. Godshall variance; #13-30000031, Clark G. & Rene V. Bowers variance; and #13-30000034, Garden Grove Apartments, Ltd. variance.

69. Bids as follows: CC-8545-13; RFP-601734-13 with CD; and RFP-601745-13.

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

Sheriff’s Office

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

40. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-188, as shown on page _______, implementing Budget Amendment Request (BAR) #13-105 in the amount of $908,621, appropriation of additional Department of Children and Families Services funds awarded to the Sheriff’s office.

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

REGULAR AGENDA

Liz Parkhurst, Planning & Development, addressed the Board to present a request to consider a reduction of the Code Enforcement Board lien from $8,250 to $0 for Case #12-84-CEB on property located at 128 Alma Drive, Altamonte Springs, Tax Parcel #03-21-29-505-0I00-0170; Brian K. Linn and Joy M. Linn.

Ms. Parkhurst detailed the circumstances as outlined in the agenda memorandum. She stated that in the application for reduction of lien, the owners indicated a financial hardship due to loss of employment and stated they are unable to pay the lien. A copy of a notice of intent to foreclose from the mortgage holders is included in the agenda memorandum.

Ms. Parkhurst advised that staff recommends the Board approve a lien reduction to the administrative costs of $1,270.37. Staff further recommends that if payment is not made within 60 days, the lien will revert to its original total amount of $8,250; and recommends the Board authorize the Chairman to execute the Satisfaction of Lien upon payment in full. Staff requests this report be made part of the record.

Ms. Parkhurst informed the Board that the applicant, Brian Linn, is present and is requesting an opportunity to provide additional information related to this case.

A notice from the State of Florida Department of Children and Families regarding eligibility for food assistance and Medicaid was received and filed.

Brian Linn, 128 Alma Drive, addressed the Board to state that he previously owned a lawn care business that failed during the economic downturn. He has three children and has been unable to find employment to date. He is struggling with paying the bills. The property itself is only worth $7,000 and the lien is higher than the property is worth. He stated he has cleaned up the property.

Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve a reduction to the Code Enforcement Board lien from $8,250 to the administrative costs of $1,270.37, for Case #12-84-CEB on the property located at 128 Alma Drive, Altamonte Springs, Tax Parcel #03-21-29-505-0I00-0170, Brian K. Linn & Joy M. Linn (current owners); and require this reduced amount be paid within 60 days or the lien will revert to its original total amount of $8,250; and authorize the Chairman to execute the Satisfaction of Lien upon payment in full.

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

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Ms. Parkhurst presented a request to consider a reduction of the Code Enforcement Board lien from $12,300 to $2,000 for Case #08-149-CEB on property located at 2800 Brantley Hills Court, Longwood, Tax Parcel #05-21-29-504-0000-0120, previously owned by Doug N. Poppitz and currently owned by U.S. Bank National Association, Dave Kellam.

Ms. Parkhurst detailed the circumstances as outlined in the agenda memorandum and advised that staff recommends the Board deny a reduction to the Code Enforcement Board lien based on the facts provided. Staff further recommends the Board authorize the Chairman to execute the Release of Lien upon payment in full.

Commissioner Carey stated the U.S. Bank National Association already had almost a $62,000 lien extinguished and then took 123 days to bring the property into compliance. She opined there are plenty of property managers out there that can deal with these foreclosures and that specialize in it and they were aware of this long before they took possession of the property. Commissioner Constantine added he believes the violation was just trash and debris and there are a lot of people that are looking for work that could have done the job.

Motion by Commissioner Constantine, seconded by Commissioner Henley, to deny a reduction to the Code Enforcement Board lien from $12,300 to the requested amount of $2,000, or any other amount, for Case #08-149-CEB on the property located at 2800 Brantley Hills Court, Longwood, Tax Parcel #05-21-29-504-0000-0120, previously owned by Doug N. Poppitz and currently owned by U.S. Bank National Association.

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

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Joseph Pennisi, Resource Management Director, addressed the Board to request approval to establish the 2013 proposed millage rates for notification to property owners through Truth in Millage (TRIM) compliance and to set the date, time and place for public hearings in order to adopt the tentative and final millage levy and budget for FY 2013/14.

Mr. Pennisi reviewed the TRIM process and proposed millage rates as outlined in the agenda memorandum. Mr. Pennisi explained that millage rates approved by the BCC for TRIM can be lowered at the public hearings to adopt the budget but cannot be increased. He noted that the County Manager’s budget for FY 2013/14, which was distributed to the Board on July 2, has been prepared based on maintaining current operating millage rates for all BCC taxing districts and eliminating the Natural Lands/Trails voted debt millage, which ended in FY 2012/13. He stated that staff recommends approval of the proposed millage rates and requested authorization to schedule the first public hearing to adopt the tentative budget for FY 2013/14 on September 11, 2013 at 7:00 p.m.; and the second public hearing to adopt the final millage levy and budget for FY 2013/14 on September 24, 2013 at 7:00 p.m. Both meetings will be held in the BCC Chambers.

Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the tentative millage rates as presented to be included on Truth in Millage (TRIM) notifications; and authorize staff to schedule the first public hearing for the adoption of the tentative budget for FY 2013/14 on September 11, 2013 at 7:00 p.m.; and the second public hearing to adopt the final millage levy and budget for FY 2013/14 on September 24, 2013.

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

COUNTY MANAGER AND STAFF BRIEFINGS

The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2012/13.

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The Board noted, for information only, the Project Fiscal Status Report for Third Quarter FY 2012/13.

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Mr. Hartmann, County Manager, stated he provided a memorandum (copy received and filed) to the Board yesterday regarding an item for consideration outlining proposed organizational changes. He advised he is also asking for the Board’s concurrence and confirmation of two appointments. Upon approval, all organizational changes will become effective on Monday, July 29, 2013.

Mr. Hartmann requested that the Economic Development Division of the Economic and Community Development Services Department be made part of the County Manager’s Office.

Motion by Commissioner Carey, seconded by Commissioner Henley, to approve moving the Economic Development Division from the Economic and Community Development Services Department to report directly to the County Manager’s Office.

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

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Mr. Hartmann requested approval to re-title the Economic and Community Development Services Department to the Development Services Department.

Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the department name change from Economic and Community Development Services Department to Development Services Department.

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

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Mr. Hartmann requested confirmation to appoint Nicole Guillet as a Deputy County Manager. She will continue to serve as the Director of the Development Services Department. He stated Mr. Guillet’s additional responsibilities in her role as Deputy County Manager are outlined in his memorandum.

Motion by Commissioner Carey, seconded by Commissioner Horan, to confirm the appointment of Nicole Guillet as Deputy County Manager, as recommended by the County Manager.

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

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Mr. Hartmann requested approval to promote Tina Williamson to Assistant Director of the Development Services Department.

Motion by Commissioner Carey, seconded by Commissioner Horan, to promote Tina Williamson to Assistant Director of the Development Services Department.

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

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Mr. Hartmann announced elimination of the vacant position of Assistant County Manager.

Mr. Hartmann advised that any cost differentials and salary increases associated with these organizational changes will be absorbed within the current year budget and also accommodated in next year’s budget.

Chairman Dallari stated he believes all the organizational changes recommended by Mr. Hartmann are excellent and he is glad the Board has approved them.

COUNTY ATTORNEY’S REPORT

No report.

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Chairman Dallari announced the Sports Complex work session will start at approximately 11:10 a.m. in Room 3024.

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Chairman Dallari recessed the meeting at 11:00 a.m.; reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

FLORIDA AVENUE RIGHT-OF-WAY

VACATE/Dwight Saathoff (Continued)

Continuation of a public hearing to consider a request to vacate and abandon a portion of the public right-of-way known as Florida Avenue; approximately one-eighth mile north of SR 434 and west of DeLeon Street, as described in the proof of publication, Dwight Saathoff.

Brian Walker, Planning & Development Division, addressed the Board to advise that the applicant is requesting a continuance until the August 13, 2013 meeting.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner Horan, seconded by Commissioner Carey, to continue to August 13, 2013 at 1:30 p.m., or as soon thereafter as possible, the request to vacate and abandon a portion of the public right-of-way known as Florida Avenue; approximately one-eighth mile north of SR 434 and west of DeLeon Street; as described in the proof of publication, Dwight Saathoff.

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

COLONIAL VILLAGE AT TOWNPARK REZONE/

Colonial Realty, LP (Continued)

Continuation of a public hearing to consider adoption of an Ordinance enacting a Rezone from PD (Planned Development) and A-1 (Agriculture) to PD (Planned Development) for 25.21 acres located on the east side of International Parkway, approximately one-half mile north of CR 46A, as described in the proof of publication, Colonial Realty, LP.

Joy Giles, Planning & Development Division, addressed the Board to state the applicant is requesting a continuation of the item to the September 10, 2013 meeting.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner Carey, seconded by Commissioner Henley, to continue to September 10, 2013 at 1:30 p.m., or as soon thereafter as possible, the request to adopt an Ordinance enacting a Rezone from PD (Planned Development) and A-1 (Agriculture) to PD (Planned Development) for 25.21 acres located on the east side of International Parkway, approximately one-half mile north of CR 46A, as described in the proof of publication, Colonial Realty, LP.

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

COLONIAL TOWNPARK PD

MAJOR AMENDMENT AND REZONE/

Colonial Realty, LP (Continued)

Continuation of a public hearing to consider adoption of an Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development) to accomplish a Major Amendment to the Colonial Townpark PD and an Amendment to the Amended and Restated Colonial Perimeter Center (Colonial Townpark) Development of Regional Impact (DRI), which would remove 6.3 acres from the existing PD, for property located on the east side of International Parkway, approximately one-half mile north of CR 46A, as described in the proof of publication, as shown on page _______, Colonial Realty, LP.

Joy Giles, Planning & Development Division, stated the applicant is requesting a continuation of the item to the September 10, 2013 meeting.

No one spoke in support or in opposition of the continuance.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to continue to September 10, 2013 at 1:30 p.m., or as soon thereafter as possible, the request to adopt an Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development) to accomplish a Major Amendment to the Colonial Townpark PD and an Amendment to the Amended and Restated Colonial Perimeter Center (Colonial Townpark) Development of Regional Impact (DRI), which would remove 6.3 acres from the existing PD, for property located on the east side of International Parkway, approximately one-half mile north of CR 46A, as described in the proof of publication, Colonial Realty, LP.

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

SIPES AVENUE RIGHT-OF WAY VACATE/

New Image Perfected Ministries, Inc.

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to vacate and abandon a portion of the public right-of-way known as that part of the 8‑foot wide alley lying east of and adjacent to Lots 7 through 9 and west of and adjacent to Lots 17 though 19, J. O. Packard's Addition to Midway, as recorded in Plat Book 2, Page 104, Public Records of Seminole County, Florida, for property located on the east side of Sipes Avenue, approximately 60 feet north of Midway Avenue, New Image Perfected Ministries, Inc., received and filed.

Denny Gibbs, Planning and Development Division, addressed the Board to present the request. Ms. Gibbs stated the applicant, New Image Perfected Ministries, Inc., is requesting to vacate an 8‑foot alleyway in order to develop the property for a private school. Parking, fencing and landscaping along with an existing building in the alley right-of-way are improvements proposed for construction within the subject alleyway. Ms. Gibbs explained that the request complies with the requirements for vacating a right-of-way and advised that staff recommends that the Board approve the item.

No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2013-R-189, as shown on page _______, vacating and abandoning a portion of the public right-of-way known as that part of the 8‑foot wide alley lying east of and adjacent to Lots 7 through 9 and west of and adjacent to Lots 17 through 19, J. O. Packard's Addition to Midway, as recorded in Plat Book 2, Page 104, Public Records of Seminole County, Florida, for property located on the east side of Sipes Avenue, approximately 60 feet north of Midway Avenue, as described in the proof of publication, New Image Perfected Ministries, Inc.

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

BOARD OF ADJUSTMENT APPEAL/John Kohler

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to appeal the Board of Adjustment’s decision to deny a side yard setback variance from seven and one-half feet (7.5’) to five feet (5’) in the R‑1A (Single Family Dwelling) zoning district, for property located on the south side of Princess Gate Boulevard, approximately 1,000 feet east of Dike Road, and particularly known as 1027 Princess Gate Boulevard, John Kohler, received and filed.

Bill Wharton, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum. Mr. Wharton stated the applicant wanted to construct a garage on the east side of his house adjacent to the existing garage. He explained how the proposed garage would encroach into the side yard setback by two and a half feet and stated that the applicant was requesting a variance to reduce the side yard setback. The neighbor to the east, Charles Harper, opposed the variance. Mr. Wharton distributed additional pictures (copies received and filed) that he received from Carl Harper.

Mr. Wharton pointed out that the Board of Adjustment (BOA) denied the request on May 20, 2013 and advised that staff is recommending the Board uphold the decision of the BOA.

Appellant John Kohler, 1027 Princess Gate Boulevard, addressed the Board to state he was not given a rebuttal at the BOA meeting. He stated the BOA concluded that the garage could be built without a variance. He agreed that mathematically that is correct, that the vehicle could fit into the structure without a variance; however, you could not enter and exit the vehicle.

Mr. Kohler discussed the petition contained in the agenda memorandum and stated there were many signatures on the petition that were of non-owners and several duplicate signatures from one address. In reference to the photographs of his property that were provided earlier by Mr. Harper and distributed to the Board, Mr. Kohler stated he has had construction at his property. He concluded by stating he believes there is an injustice here since he wasn't given the opportunity of a rebuttal and his only recourse was to appeal the decision with an additional fee.

Upon inquiry by Commissioner Carey regarding the photograph showing a concrete slab, Mr. Kohler stated that there is now a concrete slab. He added that the intent is not for that slab to be the basis of the garage because it would need footings and things required by code. Upon further inquiry by Commissioner Carey, Mr. Kohler stated the slab is not on the property line, that it is five feet from the property line. He verified that his objective is to get the vehicle in the photograph out of the weather.

Commissioner Horan confirmed with Mr. Kohler that the slab does not encroach upon the easement. Upon inquiry by Commissioner Henley, Mr. Kohler stated the slab was poured roughly three to four weeks ago, which was after the meeting with the Board of Adjustment. Further discussion ensued with regard to the concrete slab.

Kirk Shockley, 1031 Princess Gate Boulevard, addressed the Board to state he is the son-in-law of Charles Harper, who lives next door to Mr. Kohler. He advised that he is the newest owner in Howell Estates and the newest member of the Homeowners' Association (HOA). Mr. Shockley stated that through the HOA members and the petition process, they have proven that the overwhelming consensus of the subdivision supports Mr. Harper in his views of the waiver defense and continues to encourage their stance. He stated that Mr. Harper is unwilling to grant any easement to Mr. Kohler. He discussed Mr. Kohler's recent driveway addition and Mr. Harper's noise concerns and utility providers and fire rescue accessibility concerns. These factors by themselves are the very reason these homes have property separation and the main reason for Mr. Harper moving his family here in 1977. He concluded by stating a simple observation would conclude that with the newly installed concrete pads that extend well into the backyard of Mr. Kohler's property, the need for a garage is alleviated due to the now adequate area for storage, parking, and/or restoration of several vehicles.

Upon inquiry by Commissioner Carey, Mr. Wharton verified that there is a 5-foot utility easement that runs down the property line; and he explained that, even if the variance was granted, this would not encroach into that easement.

Upon inquiry by Commissioner Horan, Mr. Shockley verified that there is a Homeowners' Association in Howell Estates. Upon further inquiry by Commissioner Horan, Sheila Shockley addressed the Board to state there is a HOA but it is not mandatory. Commissioner Horan confirmed with Mr. Wharton that there were no covenants, conditions, or restrictions put into the record at the BOA meeting.

Carl Harper, 5225 Albert Drive, addressed the Board to state that he is representing his brother, Charles Harper. Mr. Harper stated that when Mr. Kohler says he is only asking for two and a half feet, he is not telling the Board that when he builds the garage, the home structure will be 14 to 15 feet closer to Mr. Charles Harper's house, which will create some conditions. Mr. Harper discussed the petition contained in the agenda memorandum. He stated the people, by signing the petition, have expressed their desire to disapprove this appeal.

Mr. Harper stated Charles Harper has a concern for his right of privacy from foreseeable noises coming from this proposed garage. He stated he believes Mr. Kohler wants the garage to restore a vintage vehicle; and in that case, there would be grinding noises, pounding noises and revving engine noises. He discussed safety concerns.

Upon inquiry by Commissioner Carey as to whether or not the County received any correspondence from the representative of the Homeowners' Association, Mr. Wharton responded no. As to whether or not other variances have been granted in this neighborhood, Mr. Wharton stated he did not know but could check. Commissioner Carey stated she would like to see that information included with these appeals because a lot of times there is a history. She stated as she looks at this aerial, she sees a lot of stuff sitting right on the line, so either there have been some variances or there are some real code violations going on.

Upon inquiry by Commissioner Henley as to whether or not the slab starts at the edge of the road and runs past the house, Mr. Kohler stated his slab is within the sidewalk that goes in front of the property, so it is on the homeowner's side of the property. He verified there is no curb.

Mr. Kohler stated with regard to the garage noises, the grinding and pounding, the truck is fully restored. He is not putting in a garage that restores vehicles. He is only trying to house the truck and keep it out of the weather. He pointed out that those noises would be there regardless if it is in a garage or out of a garage and that if it was in garage, the noise would probably be less.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Dallari stated in looking at the request for appeal, there are several steps. There needs to be a hardship on either the property owner or on the site. He stated he does not see where the hardship is at this time and does not believe it has been presented here. He believes the Board of Adjustment has made the right decision and would ask the Board to uphold the Board of Adjustment's decision to deny the request for the side yard setback.

Motion by Commissioner Horan, seconded by Commissioner Henley, to uphold the Board of Adjustment’s decision, thereby denying a side yard setback variance from seven and one-half feet (7.5’) to five feet (5’) in the R‑1A (Single Family Dwelling) zoning district, for property located on the south side of Princess Gate Boulevard, approximately 1,000 feet east of Dike Road, and particularly known as 1027 Princess Gate Boulevard, as described in the proof of publication, John Kohler; Decision on Appeal, as shown on page _______.

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

PURCHASE OF WATER DISTRIBUTION

AND WASTEWATER COLLECTION SYSTEM

WITHIN THE EXCHANGE AT SAVANNAH PARK

Proof of publication, as shown on page _______, calling for a public hearing to consider approving the purchase of the Exchange at Savannah Park water distribution and wastewater collection system by Seminole County pursuant to the requirements of Section 125.3401, Florida Statutes; making findings of fact and a determination after public hearing that the purchase is in the public interest and necessary for fulfillment of the public purpose of providing a government owned and operated water and wastewater system; further finding that the purchase will provide a greater public use and increased public benefit by promoting redevelopment and build out in the service area; approving the form of purchase and sale agreement for acquisition of the utility system; received and filed.

Andy Neff, Environmental Services Director, addressed the Board to present the request as outlined in the agenda memorandum. Mr. Neff noted that this request is for the purchase and transfer of the Exchange at Savannah Park’s water distribution and wastewater collection system from the developer, Savannah Meridian Acquisition Group (SMAG), to the County. He pointed out that the Exchange at Savannah Park was developed as a single parcel served by a master meter. The interior water and wastewater systems are privately owned by SMAG.

Mr. Neff explained that this development experienced financial difficulties which hampered full build out, and SMAG has a past due amount owed to the County of $70,278.80. A separate firm is interested in reviving this development and requires settlement of the past due amount. As a result, SMAG has agreed to transfer the infrastructure inside the parcel to Seminole County valued at $204,495.59 in consideration for their past due amount. Mr. Neff stated that the County-owned infrastructure inside the parcel will allow for improved administration of billing as the development moves forward. Customers will pay for and reserve their own capacity and install individual meters. He advised that the Environmental Services Department has not received any calls about this item and stated staff is recommending approval.

Commissioner Carey confirmed with Mr. Neff that the water and wastewater infrastructure has been inspected by the County as to the quality of the assets and it meets County standards.

John DiGiovanni, Inland Atlantic Development, addressed the Board to state this is a component and condition to the project moving forward under the ownership of Inland Atlantic Development, which intends to develop the property to the 138 units that were previously approved by the Board. He noted that he is very gratified with the level of cooperation from staff.

John Horvath, 1004 Bradford Drive, addressed the Board to state in the last few years the County has required developments to tie into other water and sewer systems and does not understand how this one was able to be developed with their own system when there are other systems in the area that they could have been tied into. He stated he does not like big government but with some of the rules coming down from the State and nationally regarding water resources, he believes the only way to go is a countywide operation. Mr. Horvath discussed other utility systems within the county. He stated there are efficiencies with a countywide type of operation of water and sewer systems.

No one else spoke in support or in opposition.

Speaker Request Form from John Horvath was received and filed.

Commissioner Carey stated that this is part of the county system. It just happened to have a master meter versus individual meters, which has been an issue for many of the developers. She pointed out that as they continue to become an urban model where there is a site that will have mixed uses on it, having the ability to have individual-metered properties on one parcel is going to be important. She suggested they look to their policy and make some adjustment in their policy to allow for that. Commissioner Carey stated this is a good purchase and good solution for this project but it also causes the County to stop and look back at their policy and make adjustments; so in going forward, it is easier for the developer to just go ahead and put in individual meters on a property that has multiple functions in this mixed-use world of urban development.

Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2013-R-190, as shown on page _______, approving the purchase of the Exchange at Savannah Park water distribution and wastewater collection system by Seminole County pursuant to the requirements of Section 125.3401, Florida Statutes; making findings of fact and a determination after public hearing that the purchase is in the public interest and necessary for fulfillment of the public purpose of providing a government owned and operated water and wastewater system; further finding that the purchase will provide a greater public use and increased public benefit by promoting redevelopment and build out in the service area; approving the form of purchase and sale agreement for acquisition of the utility system; authorizing the County Manager to execute said agreement and other closing documents upon approval as to form and legal sufficiency by the County Attorney and after conducting the necessary, additional due diligence.

Under discussion, Commissioner Horan stated he would like to incorporate into the record that the testimony and evidence presented at this public hearing under Section 125.3401 as appearing in the Resolution in the record in Paragraphs 2 through 6 support the conclusion that the purchase by the County of the water distribution and sewer collection system described in Exhibit A is in the public interest.

Chairman Dallari thanked staff and the property owners for their hard work.

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

Mr. Applegate thanked Mr. Schneider for his incredible work in helping staff put this together. Commissioner Carey suggested that Mr. Schneider should quickly be able to bring forward the policy changes the County needs to make this easier to happen in the future.

INVENTORY LIST OF COUNTY-OWNED PROPERTIES

AVAILABLE FOR USE AS AFFORDABLE HOUSING

Proof of publication, as shown on page _______, calling for a public hearing to consider approving a Resolution listing the present inventory of County-owned real properties within its jurisdiction which are deemed appropriate and available for use as affordable housing, received and filed.

Valmarie Turner, Community Services, addressed the Board to present the request. Ms. Turner distributed the Affordable Housing Inventory map (copy received and filed) and discussed the eight properties on the list.

No one spoke in support or in opposition.

Motion by Commissioner Horan, seconded by Commissioner Carey, to adopt appropriate Resolution #2013-R-191, as shown on page _______, listing the present inventory of County-owned real properties within its jurisdiction which are deemed appropriate and available for use as affordable housing, as described in the proof of publication.

Under discussion, Commissioner Carey pointed out that every three years they do this inventory but wondered what they are doing with these properties to get them into the affordable housing setting. Some of them have previously been on the list, and only one of these properties actually has a house on it which has the ability to be renovated. She stated it seems like it takes a long time to move projects forward and noted there is a demand for affordable housing right now. Commissioner Carey stated she hopes that when this list comes back three years from now that these properties are not on it, that they have been turned into something that actually provides affordable housing to the community. She noted they have seen some of these properties before and suggested they need a process to move this forward.

Ms. Turner responded that she is working on a disposition policy that she will bring back to the Board for approval.

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

REGULAR AGENDA (Continued)

Item #53, the Sports Complex and Soldiers' Creek Timeline, Schedule, and Procurement Process was presented.

Chairman Dallari mentioned that there was an earlier work session and asked Mr. Hartmann if he believes he has direction.

Commissioner Henley referenced the Affordable Housing Inventory map and stated it would be nice if they could get all of the County’s sports assets on a similar map with an attachment that indicates what the asset is.

Mr. Hartmann agreed and stated hopefully they will be able to produce one. Commissioner Carey stated the Inventory map got produced in a day. She believes the County has tools that they do not always use to the best of their ability.

Mr. Hartmann confirmed that he has sufficient direction.

CHAIRMAN’S REPORT

Chairman Dallari announced that he, along with Commissioner Horan, attended the safety study from State Road 46, which was presented to the public. At Chairman Dallari's requested, Mr. Hartmann stated that he would put that on the agenda so it could be presented to the Board.

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Chairman Dallari announced there is a Housing Industry Representative vacancy on the Committee for the Aging Board. He recommended that Michael Towers be appointed to that vacancy.

Motion by Commissioner Constantine, seconded by Commissioner Henley, to appoint Michael Towers as the Housing Industry Representative on the Committee for the Aging, appropriate Resolution #2013-R-192, as shown on page _______,

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

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Chairman Dallari stated he would like a Resolution of Appreciation for George Wallace for his service on the Law Library - Fred R. Wilson Memorial Board of Trustees who resigned due to relocation.

Motion by Commissioner Constantine, seconded by Commissioner Horan, to adopt appropriate Resolution #2013-R-193, as shown on page _______, commending George Wallace for his service on the Law Library – Fred R. Wilson Memorial Board of Trustees.

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

Chairman Dallari requested a recommendation from the Board for someone for that seat. Commissioner Carey reminded the Board that there are some criteria for that particular seat and suggested they look at the criteria.

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Chairman Dallari requested a Resolution of Appreciation for Dr. Giovanni Vergel for his service on the Animal Control Board.

Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2013-R-194, as shown on page _______, commending Dr. Giovanni Vergel for his service on the Animal Control Board.

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

Commissioner Carey noted that they will need a veterinarian to fill that space.

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Chairman Dallari noted that he has been getting phone calls about mowing on some of the rural roads. He stated he would like to see the idea of another mowing cycle brought back to the Board. Instead of spacing the cycles out every six weeks, they could do it every five weeks. He stated he has asked staff to figure out what that would cost and was told they could fit it into the existing budget. Chairman Dallari requested that Mr. Hartmann validate that it can fit in the existing budget. Countywide, it would be a total of $32,000. He would like it discussed at the next meeting. Discussion ensued with regard to year-round mowing and mowing in the heavy-growing summer season.

Commissioner Constantine suggested cutting back by a week during the non-growing season and adding a week during the heavy-growing season. Mr. Hartmann stated staff will provide a report regarding this matter at the next meeting.

COMMUNICATIONS AND/OR REPORTS

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

1. Copy of letter dated June 25, 2013 from Chairman Robert Dallari to Secretary Ray LaHood, U.S. Department of Transportation, Washington, D.C., regarding Support for funding for the TIGER 2013 Grant entitled “The Orlando Regional Multimodal Pedestrian Safety Program.” (C: BCC, County Manager, Community Resources, Public Works)

2. Letter dated June 25, 2013 from Larisa Perry, Wells Fargo Bank, to Commissioner Robert Dallari regarding Wells Fargo’s Neighborhood Lift^SM Program. (C: BCC, County Manager)

3. Copy of letter dated June 25, 2013 from Chairman Robert Dallari to Pamela Nabors, Workforce Central Florida, regarding Workforce Central Florida Board of Director’s reappointment of Richard Sweat. (C: BCC, County Manager)

4. Letter dated June 26, 2013 from Diane Pickett Culpepper, Bright House Networks, to Chairman Robert Dallari regarding programming changes to Bright House Networks customers. (C: SGTV, County Manager, Michael Champagne, Bright House Networks)

5. Copy of letter with attachment dated June 27, 2013 from William Killingsworth, Florida Department of Economic Opportunity (DEO), to Chairman Robert Dallari regarding Florida Community Development Block Grant Disaster Recovery Initiative Program Contract Number: 10DB-K4-06-69-01-K 33. (C: BCC, County Manager, Community Services, Public Safety)

6. Copy of letter dated July 2, 2013 from Chairman Robert Dallari to Mark Middelbrook, St. Johns River Alliance, regarding Seminole County’s endorsement of the application of St. Johns River Alliance to DEP’s Office of Greenways and Trails to designate the St. Johns River as a paddling trail. (C: BCC, County Manager, Public Works, Economic & Community Development Services, Leisure Services)

7. Letter with attachment dated July 5, 2013 from Sean Snaith, University of Central Florida, to Chairman Robert Dallari regarding University of Central Florida’s Institute of Competitiveness’ quarterly economic forecast.

8. Copy of letter dated July 9, 2013 from Chairman Robert Dallari to Clayton Wilder, Department of Law Enforcement, regarding Seminole County’s approval of the distribution of $133,851 of Federal Fiscal Year 2013 Edward Byrne Memorial JAG Program funds. (C: BCC, Community Services, Public Safety)

9. Copy of letter dated July 9, 2013 from Chairman Robert Dallari to Bob Turk, City of Sanford Economic Development, regarding appointment of Brian Volk to fill the unexpired term of Mr. Robert Hopkins as the BCC’s representative to the Sanford CRA Board. (C: BCC, County Manager, Economic & Community Development Services)

10. Letter dated July 9, 2013 from Polly Trottenberg, U.S. Department of Transportation, to Chairman Robert Dallari regarding appreciation for Seminole County’s support of The Orlando Regional Multimodal Pedestrian Safety Program under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program. (C: BCC, County Manager, Public Works, Economic & Community Development Services)

11. Letter dated July 10, 2013 from Congressman John Mica, U.S. House of Representatives, Washington, D.C., to Chairman Robert Dallari regarding meeting in Orlando, Florida, to review current and future use of Intelligent Transportation technology to address the growing urban traffic congestion in Central Florida. (C: County Manager)

12. Copy of letter with attachment dated July 11, 2013 from Cathy Galavis, Department of Revenue, to David Johnson, Seminole County Property Appraiser, regarding amendments and changes by the Department of Revenue to the Property Appraiser’s budget. (C: County Manager)

13. Letter with attachment dated July 12, 2013 from Larry Volenec, Florida Power and Light, to Chairman Robert Dallari regarding Hurricane Preparedness Information. (C: BCC, County Manger, Public Safety)

14. Notice of Public Hearing received on July 16, 2013 from the City of Winter Springs regarding Ordinance No. 2013-07. (C: BCC, County Manager, Economic & Community Development Services)

15. Letter dated July 16, 2013 from Alan Van Lewen, Florida Department of Health, to Chairman Robert Dallari regarding notification to request annual emergency medical services (EMS) county grant funds in the amount of $93,771. (C: BCC, County Manager, Public Safety)

16. Letter dated July 19, 2013 from Barbara Fore, Seminole County Sheriff’s Office, and Linda Cavanaugh, Seminole County Triad, to Chairman Robert Dallari regarding appreciation to the Seminole County Commissioners for the proclamation to recognize June 15, 2013 as World Elder Abuse Awareness Day in Seminole County. (C: BCC, County Manager)

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Horan commended staff on the tremendous job they did regarding the safety study as well as Kittelson and Associates. It showed great cooperation between the County's staff and the great respect that FDOT has for the County in that as well. Chairman Dallari pointed out that the rural area people have also done a good report as well.

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Commissioner Horan stated he raised the mowing issue last year at about this same time. He stated staff addressed the issue with him last year, and it was related to timing and mowing capability and rain. A lot of times it just doesn't get dry enough, especially on those sloped areas, to get a mower in safely. To the extent the County can satisfy not only the aesthetics but also the safety and the mosquito aspect of it, he would like to “hit the sweet spot.” Chairman Dallari stated he just wanted to make sure everyone was brought up to speed to make the right decision.

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Commissioner Constantine announced that the Economic Development Commission meeting will be at the Orlando-Sanford International Airport with a reception at the flight school on July 24. He noted that the Chairman will make a presentation or at least a welcoming; and as a member, he will certainly be there.

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Commissioner Constantine noted that Leadership Seminole has been trying to find the right set of circumstances for the Lessons in Leadership program that they have had the last number of years. Their latest consensus is that they would like to have something in education, specifically with Ann McGee and John Hitt, sometime in late November/early December.

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Commissioner Constantine announced the Orlando-Sanford International Airport has surpassed their passenger count and are doing great from all indications. He noted they are working on their budget.

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Commissioner Constantine announced that Central Florida Zoo’s “Pirates at the Zooribbean” will be held on August 17 at the Westin and stated that should be a great deal of fun.

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Commissioner Constantine thanked Chairman Dallari for giving him the opportunity to speak at the groundbreaking of the Wekiva Parkway. He stated there were a lot of people there from the State as well as from local governments. Hopefully, in 2020 they will be driving on that road. Commissioner Constantine added that it is going to be not only a great opportunity from an economic standpoint but also a road that is going to be the most environmentally sensitive road that has ever been built in at least Florida and maybe throughout the United States.

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Commissioner Constantine stated there is an opening in his district for the Parks & Preservation Committee.

Motion by Commissioner Constantine, seconded by Commissioner Carey, to appoint Greg Teagarden to the Parks & Preservation Advisory Board, appropriate Resolution #2013-R-195, as shown on page _______.

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

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Commissioner Constantine introduced his new aide, Luke Givens, and gave a brief review of his background.

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Commissioner Constantine reported on the Central Florida Regional Planning Council and noted the great service Mayor John Land has done for the region. He stated that Mayor Land is winding down his 60-year career. Commissioner Constantine suggested they consider a resolution thanking Mayor Land for his service. Chairman Dallari indicated they will make sure it gets on the agenda.

Commissioner Horan stated that at the Regional Planning Council they did a resolution to support the federal government's reallocation of money for emergency management purposes to the region. He pointed out that the way the region is now set up is according to their MSA, which does not include the counties of Volusia and Brevard. When they don't include Volusia and Brevard in calculating the emergency management money and homeland protection money that they are supposed to get under the UASI (Urban Areas Security Initiative) program, they don't get the benefit of the calculation of the borders that are along the beach lines so they will lose all of that funding from the federal government. Commissioner Horan reiterated that there was a resolution on behalf of the Regional Planning Council saying that should be recalculated and those particular counties should be included in their region similar to the way it has been done in other states. He hopes that in the next two or three months, they will see that reallocated and restored.

Commissioner Horan also suggested they contact Congressman Mica and any congressman they know. Chairman Dallari recommended they authorize sending a letter from the BCC signed by all of them. Commissioner Carey stated it should be sent to both of the County's U.S. Congressional Representatives and also their Senators.

Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize the Board to execute a letter to the County’s federal delegation regarding the federal government's regional allocation of emergency management money and homeland protection money under the UASI (Urban Areas Security Initiative) program.

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

Commissioner Constantine stated it is similar to transportation when they don't include the tourists in Central Florida and how badly they lose money. He stated he has been asked to call Craig Fugate, with FEMA, because of his relationship with him. Mr. Fugate started in Seminole County as a firefighter in Altamonte Springs. Commissioner Constantine suggested the County might want to send a separate letter to him asking for help. Congressmen have to work really hard to do it but he could do it with the stroke of a pen. Commissioner Horan suggested that they send it to the Congressmen and copy Mr. Fugate on the letter. Chairman Dallari requested that Mr. Hartmann make sure they have those two letters.

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Commissioner Henley announced that he has had several calls recently, in view of the rain they have had, inquiring about the County's plan in regards to mosquito control and spraying. He stated he did not have an answer to that. Mr. Hartmann stated he will put something together and email it out to the Commissioners so they have good information regarding that matter.

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Commissioner Carey reported on the Florida Association of Counties (FAC) conference held in Tampa on June 26 through 28. She stated she was reelected to the FAC Board of Directors. She pointed out that Commissioner Horan is the vice chair of one of the policy committees and Commissioner Constantine is serving on a committee that makes sure that they are in the loop and as knowledgeable as they can be on many of the issues that come before FAC. She thanked both of the Commissioners for staying through the election to make sure the County did protect that seat and for their confidence in reelecting her to the Board.

Commissioner Carey requested permission to attend the August 22 and 23 FAC Board of Directors meeting in Pinellas County, which is outside the 65-mile zone.

Motion by Commissioner Constantine, seconded by Commissioner Horan, to approve Commissioner Carey's request to attend the FAC Board of Directors meeting in Pinellas County on August 22 and 23.

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

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Commissioner Carey noted that she serves as the representative on the Workforce Central Florida Board and reported that they received a letter on July 5 indicating that Workforce Central Florida no longer holds the high risk designation. After the annual joint meeting with the Board of Directors for Workforce Central Florida, it is apparent that the new director is doing a wonderful job with a wonderful staff and they are heading in the right direction making headway into the workforce issues that face people in Seminole County.

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Commissioner Carey reiterated that the kick-off for the Wekiva Parkway project was held two weeks ago at Wilson's Landing, which is a park in her district. She reminded the Board there was a discussion about making that park an event facility. The decision was made to not take that approach but to only build a pavilion out there. She discussed the heat under the pavilion and requested that staff look into getting a large ceiling fan for under the pavilion since it was almost unbearable without one. She stated instead of a groundbreaking, they had a tree planting ceremony in honor of the environmentally sensitive concerns of the Wekiva Parkway construction.

COUNTY ATTORNEY’S REPORT

Bryant Applegate, County Attorney, stated the 5th DCA ruled against the County in an appeal to a variance case. He requested authority to determine at the appropriate time, depending on a motion for clarification that has been filed, if there is a need to appeal the case to the Supreme Court.

Motion by Commissioner Horan, seconded Commissioner Carey, to authorize the County Attorney to determine if there is a need to appeal the Steven Wolk variance case to the Supreme Court.

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

ITEMS FOR FUTURE AGENDA

John Horvath, 1004 Bradford Drive, discussed the merging of services. Mr. Horvath stated he knows budgets are improving a little bit and boards like to say we have money and we can do things, but he explained why he believes they still need to work with the seven cities and the School Board. He discussed projects that were "dead in the water" and are now coming back to life. He emphasized that they still need to work together with all of the entities because his tax dollar only goes so far.

Chairman Dallari stated the Board is constantly looking at new ways to collaborate with the seven cities and the School Board and pointed out that staff is working very hard to do that. He explained that one of biggest issues is the unfunded mandates from the State of Florida, which is approximately $25 million annually. Mr. Horvath discussed unfunded mandates.

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Chairman Dallari reminded everyone there is a work session in Room 3024 regarding the AMR meters.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:36 p.m., this same date.

ATTEST:______________________Clerk_____________________Chairman

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