BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JULY 24, 2007

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m., on Tuesday, July 24, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Carlton Henley (District 4)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Michael McLean (District 2)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     The Invocation was given by Father Benjamin Berinti, Church of the Nativity, Longwood.

     Commissioner Carey led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-112, as shown on page ________, proclaiming the week of August 5 - 11, 2007 as Seminole County Fire Fighter Appreciation Week.

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

     The Board presented the Resolution to a representative from the Muscular Dystrophy Association and Chief Leanna Raw, Seminole County Fire Department.  The representative from Muscular Dystrophy Association addressed the Board to express her appreciation.

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     Chairman Henley stated he will delay Senator Lee Constantine’s presentation of FRDAP Grant Checks to the City of Casselberry, City of Winter Springs and Seminole County as he is not in attendance at this time.

COUNTY MANAGER’S CONSENT AGENDA

     Cindy Coto, County Manager, addressed the Board to advise the actual amount for Item #22, Release of Maintenance Bond for Lake Forest 16, is $30,546.01.  She stated she is requesting that Item #29, Approve tentative proposed millage rates, be moved to the County Manager’s Briefing in order for Ms. Spriggs, Fiscal Service Director, to provide additional information.  Since Item #32, Extension to the Soldiers’ Creek lease agreement, expired June 30, 2007, staff will bring it back at the next meeting in the appropriate form.

     Chairman Henley requested that Item #41, Interlocal Agreement with City of Casselberry relating to animal control services, be continued to the next meeting so they can obtain additional information.

     Commissioner Carey clarified Item #31, authorize scheduling public hearing for the Myrtle Lake Restoration project, that the residents believe the bottom of the lake will be cleaned out and that is not the intent of this MSBU. 

     Robert McMillan, County Attorney, addressed the Board to discuss with Commissioner Carey whether a Special Event permit (Item #40) for a musical performance is required.  He stated the applicant indicated that they would like a permit issued to them in case there were complaints about any noise that may be occurring.

     Ms. Coto stated when staff appeared before the City of Casselberry (Item #41), this item was continued to their second meeting in August, and she would like to know if the Board wishes to continue this item after the City’s meeting or continue it to the first meeting in August. 

     Chairman Henley stated he would hope that item would be continued until they receive clarification from the City on Anchor Road.  The Board had no objections.

     Jerry McCollum, County Engineer, clarified for Commissioner Dallari that the Cross Seminole Trail (Item #42) will stop at SR 434 and not go through downtown Oviedo due to the City’s request.

     Discussion ensued relating to Item #5, Award CC-2098-07 Yankee Lake project.  Staff is to come back with recommendations.

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

Administrative Services

Purchasing and Contracts

 3.  Approve Amendment #1, as shown on page _________, to CC-0023-05/BLH with C.E.M. Enterprises, Inc. to increase the not-to-exceed amount by $250,000.00 for a total not-to-exceed amount of $494,093.00 over the term of the agreement.

 4.  Award CC-2244-07/JVP, as shown on page _________, in the amount of $4,202,358.00 to American Persian Engineers and Constructors, Inc. (APEC) of Orlando, Florida for all labor, materials, equipment, transportation, coordination and incidentals necessary to construct Phase 1A & 1B of trail, which includes a 3.0 mile trail with two bridges and 0.8 miles of sidewalk with one bridge/boardwalk.

 5.  Award CC-2098-07/DRR, as shown on page _________, in the amount of $9,173,442.00 to Florida Design Contractors of Lake Park, Florida for all labor, materials, equipment, tools, transportation, services and incidentals necessary for construction improvements at Yankee Lake WRF and Greenwood Lakes WWTF.

 6.  Approve ranking list and authorize rate negotiations for PS-1905-07/BLH - Engineering Study, Inventory and Design for the Monroe Drainage Basin with CDM of Maitland, Florida.

 7.  Approve Work Order #18, as shown on page ________, for PS-0381-06/BLH with Matern Professional Engineering, P.A. of Maitland, Florida to conduct a county-wide heating, ventilation and air conditioning (HVAC) systems study.

 8.  Approve Work Order #6, as shown on page _________, for PS-5183-05/MJB - Master Agreement for Continuing Contract - Minor Projects Construction & Engineering in the amount of $117,664.40 to HDR Engineering, Inc. of Orlando, Florida to provide CEI Services for the Howell Branch Road at SR 436 Intersection Improvements.

 9.  Approve Change Order #1, as shown on page ________, to CC-0926-06/TLR, with Oklawaha Farms, Inc. in the amount of $367,703.44 for additional channel excavation, embankment and sod as required to prevent erosion along the banks of the canal.

10.  Adopt appropriate Resolution #2007-R-125, as shown on page ________, amending Section 8.15 "Purchasing Policy" of the Seminole County Administrative Code.

11.  Approve negotiated rates and award PS-1666-07/BLH, as shown on page _________, Final Design Services for State Road 426/County Road 419 widening to Inwood Consulting Engineers, Inc. of Oviedo, Florida (Not to Exceed $1,800,000.00 over the term of the agreement).

12.  Approve Change Order #1, as shown on page _________, to CC-0835-06/BLH with R.J.P. Enterprises, Inc. for additional materials and installation of erosion control measures along the Econ River in the amount of $37,287.50.

13.  Award RFP-600062-06/BJC Term Contract, as shown on page ________, for Residential and Commercial Backflow Prevention Control Program, to ACE Flow Control, Longwood, and authorize the Chairman to execute the Agreement.

14.  Approve Amendment #1, as shown on page ________, to PS-5147-03/AJP with Inwood Consulting Engineers, Oviedo, Florida to increase the not-to-exceed Amount to $1,350,000.00 over the term of the agreement, and authorize a rate increase as identified in the revised Exhibit C included in the amendment.

15.  Approve Amendment #4, as shown on page _________, to RFP-4147-02/LJS - Mosquito Control Services Agreement with Clarke Environmental Mosquito Management, Inc., increasing the fee structure of the Agreement.

16.  Award CC-2087-07/BHJ, as shown on page _________, in the amount of $393,000.00 to T & G Corporation d/b/a T & G Constructors of Orlando, Florida for all labor, materials, equipment, transportation, coordination and incidentals necessary for the installation of window security/impact resistant film on all exterior windows, replacement of all overhead coiling doors and replacement of aluminum louvers to meet Miami-Dade hurricane impact requirements at the Public Safety Building located at 150 Bush Boulevard, Sanford, Florida 32773.

17.  Approve Change Order #2, as shown on page __________, to CC-1449-06/BLH, with Mulligan Constructors, Inc. in the amount of $68,203.10 for additional demolition, concrete & masonry work, painting, framing/drywall, flooring, and the installation of a lift system for disabled persons.

 

 

Community Services

Administration

18.  Approve the following eight Byrne Grant applications and authorize the Chairman to execute the following required documents, as shown on page ________:  SCSO Digital In Car Video; Ticket Writers For Patrol; Sanford Crime View I; Casselberry Traffic Technology Enhancement II; Proactive Technology Deployment; Oviedo Police Department Ticket Writer Purchase; Criminals Caught on Camera II; and Longwood Guardian Watch System.  

 

CDBG

19.  Approve and authorize the Community Assistance Division to submit the 2007-2008 One-Year Action Plan to the U.S. Department of Housing & Urban Development (HUD), and authorize the Chairman to execute all related forms and certifications, including the Grant Agreements, as shown on page _______, with HUD, the Environmental Review Record, including the Finding of No Significant Impact and Request for Release of Funds (FONSI/RROF), and to execute all subsequent CDBG, HOME, and ESG Subrecipient Agreements, as shown on page _________.

 

Community Assistance

20.  Approve and authorize the Chairman to execute Satisfactions of Second Mortgages, as shown on page __________, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program:  William E. & Ruth E. Bennett; Gloria Washington & Johnny J. Dennis; Robert P. & Heather M. Gordon; Eva Montford; Ralph L. Orr; Eleanor Patricia Ramos; Katrina Ransom; Kathryn Fryer; and Ralph L. Orr.

 

 

Environmental Services

Business Office

21.  Approve release of the original Maintenance Bond for Water & Sewer, Bond #08773999-M in the amount of $25,104.95 for the project known as Devon Place (fka Wilshire Townhomes).

22.  Approve release of the Water & Sewer Maintenance Bonds for the following 4 sections of Lake Forest Projects: Lake Forest 13A Bond #5011749 for $5,914.22, Lake Forest 16 Bond #B21861173 for $30,546.01, Lake Forest 17 Bond #5005296 for $6,668.70, and Lake Forest 19 Bond #5009082 for $2,008.40.

23.  Approve release of the original Water and Sewer Maintenance Bond #41028926 in the amount of $53,366.80 for the project known as Regency Estates Ph. 1 (fka Mikler Lake).

24.  Approve release of the original Water and Sewer Maintenance Agreement with Letter of Credit #F846407 in the amount of $20,965.00 for Lansdowne.

 

 

Fiscal Services

Administration

25.  Approve and authorize the Chairman to execute the Grant Subrecipient Agreement, as shown on page _________, between the Florida Department of Financial Services and Seminole County in acceptance of $382,407.43 in reimbursement funds for equipment maintenance and acquisition, training and services for Urban Search and Rescue (USAR) task force efforts in the Central Florida area.

 

Budget

26.  Adoption of Budget Amendment Resolution #2007-R-126, as shown on page ________, #07-73 through the Public Safety Federal Grant Fund in the amount of $382,407 to increase funding for the Public Safety Grant program.  

27.  Adoption of Budget Amendment Resolution #2007-R-127, as shown on page _________, #07-74 through the General Fund in the amount of $51,000 to increase funding for the Department of Juvenile Justice Pre-Detention Services.

28.  Adoption of Budget Amendment Resolution #2007-R-128, as shown on page _________, #07-75 to the Stormwater Fund in the amount of $150,000 to provide additional funding for the Lockhart Smith Canal/ Acquisition & Improvement project.

29.  Continue to the County Manager’s Briefing request to approve tentative proposed millage rates to be included on Truth In Millage (TRIM) notifications at the maximum millage rates per statutes that can be levied by majority vote of the Board, and authorize staff to schedule and advertise two public hearings for the adoption of the tentative and final millage levy and budget for Fiscal Year 2007/08.  

30.  Authorize staff to advertise and schedule a public hearing for presentation of the proposed Port Authority budget for Fiscal Year 2007/08.  

 

MSBU

31.  Approve and authorize staff to schedule and advertise a public hearing for establishing a Municipal Services Benefit Unit for the Myrtle Lake Restoration project.

 

 

Leisure Services

Parks and Recreation

32.  Continuation of request to approve and authorize the Chairman to execute the Second Amendment to the Non-Exclusive Lease agreement with Seminole Baseball, Inc. for the rights to the baseball facilities at Soldiers' Creek Park through June 30, 2008, allowing for two (2) one (1) year extensions.

 

 

Planning and Development

Development Review

33.  Approve and authorize the Chairman to execute the final plat for Provenance, containing 90 townhome lots on a 12.60 acre parcel zoned PUD, located on the north side of Via Loma Drive, within Loma Vista PUD, and east side of SR 426 (Aloma Avenue), in Sections 30 and 31, Township 21 S, Range 31 E, (M/I Homes of Orlando, LLC, applicant).

34.  Approve and authorize the Chairman to execute the final plat for River Pine Estates, containing 11 single family residential lots on a 10.13 acre parcel zoned R-1AA, located on the north side of River Birch Avenue, approximately 1300 feet west of Lockwood Boulevard, in Section 26, Township 21 S, Range 31 E, River Pine Estates, LLC.

35.  Approve and authorize the Chairman to execute the minor plat for Aloma Park Center, containing 2 lots on a 2.18 acre parcel zoned PUD (Planned Unit Development), located on the north side of SR 426 (Aloma Avenue), west of Tuskawilla Road, within Aloma Park PUD, in Section 36, Township 21 S, Range 30 E (Duke & Duke Investments, applicant).

36.  Authorize the release of Irrevocable Letters of Credit numbered 55100119 and 55100208 for the Grande Oaks at Heathrow Subdivision as requested by Kolter Communities, LLC., applicant, as they have been replaced with reduced Letters of Credit numbered 55101278 and 55101279.

37.  Approve and authorize the Chairman to execute the final plat for Dunwoody Plaza located on the north side of W. SR 46 and west of N. Oregon Street in Sections 29, Township 19 South, Range 30 East, Irvin Co. LLC.

38.  Approve and authorize the Chairman to execute the final plat for The Preserve at Lake Charm Subdivision, located between Lake Charm Drive and North Division Street, south of Florida Avenue in Section 03, Township 21 South, Range 31 East, Engineered Homes of Orlando, Inc.

39.  Approve and authorize the Chairman to execute the final plat for Hanover Pointe, containing 149 townhome lots on a 23.66 acre parcel zoned PUD (Planned Unit Development), located on the west side of Longwood-Lake Mary Road, approximately 700 feet south of Acorn Drive, within Hilltop Drive/Longwood-Lake Mary Rd PUD; in Section 29, Township 20 S, Range 30 E (Longwood/Lake Mary, LLC, applicant).

 

Planning

40.  Approve the request by Bettina Fulford-applicant, for a Special Event permit for a musical performance, to be held at 151 Lakeside Drive on Saturday, July 28, 2007 from 3:00 PM to 7:00 PM subject to the following conditions: (1) The hours of the musical performance shall be limited to 3:00 PM to 7:00 PM on Saturday, July 28, 2007 and (2) Applicant will notify neighbors within 300 feet that the party is taking place.

 

 

Public Safety

Animal Services

41.  Continuation of request to approve and authorize the Chairman to execute the Interlocal Agreement between Seminole County and the City of Casselberry for the provision of animal control services and accept the transfer of the City of Casselberry's Animal Control inventory to the County to become effective upon signatures of all parties, or August 1, 2007, the latter of the two; and approve and authorize the Chairman to terminate the existing Interlocal Agreement dated October 23, 2001.

 

 

Public Works

Engineering

42.  Adopt appropriate Resolution #2007-R-129, as shown on page _________, and authorize the Chairman to execute a Local Agency Program (LAP) Agreement, as shown on page _________, with the Florida Department of Transportation for the construction of the Cross Seminole Trail South III Project from State Road 426 to State Road 434, Oviedo, and the associated wetland mitigation restoration from County Road 419 to East Franklin Street. (FDOT FPN: 413747-1-58-01).

43.  Adopt appropriate Resolution #2007-R-130, as shown on page _________, authorizing the Chairman to execute a County Deed, as shown on page _________, conveying the westerly ten (10) feet of County-owned property north of Ronald Reagan Boulevard (County Road 427) to Timothy K. McLaughlin for access to County Road 427.

 

Traffic Engineering

44.  Approve and authorize the Chairman to execute the Amendment, as shown on page _________, to the Seminole County - Seminole County School Board Traffic Signal Maintenance Agreement.  

45.  Approve and authorize the Chairman to execute a Private Traffic Signal Maintenance Covenant, as shown on page ________, with GRE Red Willow, LP.

46.  Approve and authorize the Chairman to execute a Traffic Enforcement Agreement, as shown on page _________, between Seminole County, Seminole County Sheriff’s Office and Lake Markham Preserve Homeowners Association, Inc.

 

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

COUNTY ATTORNEY’S CONSENT AGENDA

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

Litigation

47.  Approve proposed negotiated settlement relating to a tenant's claim (Aquamarine USA, Inc.) for business damages as to Parcel Number 123 on the East Lake Mary Boulevard Phase II project. The proposed settlement is at $162,107.50 inclusive of business damages, statutory interest, attorney's fees and costs reimbursements and any other compensation or damages for this tenant.

48.  A business damage claim has been filed by Flightline of Sanford, Inc. relating to Parcel Nos. 103/703 on the County Road 15 project.  The owners of Parcel Nos. 103/703 are Winston and Camini Singh. Flightline of Sanford, Inc. operates a business on the site and has claimed $346,760.00 in damages exclusive of statutory interest, attorney’s fees, and costs reimbursement up to the amount of the claim filed. Request authorization to make a counteroffer based on the report of the County’s business damage expert.

49.  Approval of a proposed negotiated settlement relating to Parcel Nos. 105/705, Forrester/Lamb property, County Road 15 road improvement project.  The proposed settlement is at the total sum of $108,000.00 inclusive of all compensation to the owners, attorney fees of any kind, all costs, interest and any other matter for which Seminole County might be obligated to pay relating to these parcels and to provide a public water supply line to the owners’ property.

50.  Approval of a proposed negotiated settlement relating to Parcel Numbers 101C/101D, Seminole County State Road 46, Ltd. property, County Road 15 road improvement project.  The proposed settlement is at the total sum of $60,000.00 inclusive of all compensation to the owner, attorney fees of any kind, all costs, interest and any other matter for which Seminole County might be obligated to pay relating to these parcels.

51.  Acceptance of the proposed mediated settlement wherein the Defendants (Timothy D. Hudson and TDS & Associates, Inc.) pay the total of $47,500.00 to Seminole County Government to settle this breach of contract action for Defendants’ default on Affordable Housing Funding Agreements entered into with Seminole County.

 

Property Acquisition

52.  Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel No. 100 (Parts A and B), Aldi (Florida) LLC property of the County Road 15 (Monroe Road) improvement project, located at 4160 W. State Road 46, Sanford, Florida, for $105,000.00 with no fees or expenses incurred by the property owner.

53.  Approve and execute Purchase Agreement, as shown on page _________, relating to Parcel Nos. 747A and 747B, Schweizer/Berg/Brosius property of the County Road 15 (Monroe Road) improvement project, located at 731 Monroe Road, Sanford, Florida, for $4,000.00, including attorney’s fees and costs.

 

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

CONSTITUTIONAL OFFICERS CONSENT AGENDA

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

Clerk’s Office

54.  Approval of Expenditure Lists, as shown on page ________, dated June 11, 18 & 25; and Payroll Approval Lists, as shown on page ________, dated June 9 & 23, 2007; Satisfaction of Lien for Cost of Incarceration, as shown on page ________; Destruction List, as shown on page _________; BCC Official Minutes dated June 12, 2007; and noted for information only the following Clerk's "received and filed":

 

  1.  Notice of Application to Amend Water Certificate for Ravenna Park/Lincoln Heights. 

 

 2.  Memorandum from County Attorney’s Office transmitting the following regarding CR 15 (Monroe Road), Lake Monroe Development LLC:  Title Insurance, Warranty Deed and Owner’s Affidavit, as shown on page _________. 

 

 3.  Memorandum from County Attorney’s Office transmitting the following regarding CR 15 (Monroe Road), Robert & Sherre Dabanian:  Title Insurance, Warranty Deed and Partial Release of Mortgage, as shown on page __________. 

 

 4.  Development Order, as shown on page _________, for Redmon Design Company Land Use Amendment approved by the BCC on January 23, 2007. 

 

 5.  Performance Bond, as shown on page _________, for Nanak’s Landscaping Grounds Maintenance, Inc. 

 

 6.  Development Order, as shown on page _________, for Witherite Guest House. 

 

 7.  Satisfaction of Lien, as shown on page _________, for Code Enforcement Lien #02-33-CEB April Adams. 

 

 8.  Amendment #17, as shown on page _________, to PS-322-96, Bowyer, Singleton & Associates. 

 

 9.  Maintenance Bond, as shown on page _________, for Banyan Pointe in the amount of $36,537.75. 

 

10.  Cash Maintenance Bond & Escrow Agreement, as shown on page _________, in the amount of $1,152 for Dunn & Savastano Dental Office. 

 

11.  Seminole Community College Audit for Fiscal Year ending June 30, 2006. 

 

12.  Letter of Credit, as shown on page _________, in the amount of $131,400 for Grande Oaks. 

 

13.  Letter from Wilson, Garber & Small requesting public records for Nutmeg Farms, Inc. on Chapman Road. 

 

14.  Tennis Pro Contracts, as shown on page _________, with Patricia Gehret and Aubrey Stephenson. 

 

15.  Maintenance Bond, as shown on page __________, in the amount of $16,821.37 for Chuluota Bypass, Live Oak Reserve Units 4 & 5. 

 

16.  Memorandum from County Manager re:  Capital Project Fund Transfer for Line Drive Sidewalk and Neil Road Sidewalk. 

 

17.  Memorandum from County Manager re:  Capital Project Fund Transfer for Snowhill Road Sidewalk and CR 419. 

 

18.  Warranty Deed, as shown on page _________, for Lakeside Baptist Church of Orlando, Inc. 

 

19.  Memorandum from County Attorney’s Office transmitting the following for CR 15 JZ Riders, Inc.:  Title Insurance, Warranty Deed and Temporary Construction Easement, as shown on page __________. 

 

20.  Memorandum from County Attorney’s Office transmitting the following for CR 15 Maronda Systems, Inc.:  Title Insurance and Warranty Deed, as shown on page _________. 

 

21.  Memorandum from County Attorney’s Office transmitting the following for CR 15 Keith & Terri Ratchford:  Title Insurance and Warranty Deed, as shown on page _________. 

 

22.  Memorandum from County Manager re:  Capital Project Fund Transfer for Trails Signage Improvement. 

 

23.  Memorandum from Al Schwartz, Assistant County Attorney, to Ann Colby, Assistant County Attorney, re:  Basic Services Agreement Request for Gary Gerson, CPA. 

 

24.  Title Opinion Letter, as shown on page _________, for SunCom, Inc. 

 

25.  Performance Bond, as shown on page _________, for RFP-600094-06, Nanak’s Landscaping. 

 

26.  Purchase Agreement, as shown on page _________, for CR 15 (Monroe Road) for Parcel #138, Grace Lindblom. 

 

27.  Maintenance Bond, as shown on page _________, in the amount of $31,905 for River Run Townhomes. 

 

28.  Letter of Credit, as shown on page _________, in the amount of $65,161 for Tusca Place-North aka Celery Estates. 

 

29.  Conditional Utility Agreements, as shown on page _________, with Monroe Investments, LLC for Vantage Pointe. 

 

30.  Conditional Utility Agreement, as shown on page _________, with Dix Ventures, Inc. for Lake Club. 

 

31.  Conditional Utility Agreements, as shown on page _________, with Aldi LLC for Aldi Food Store. 

 

32.  Conditional Utility Agreements, as shown on page _________, with Wal-Mart Stores, Inc. for Sam’s Club Fueling Station. 

 

33.  Acceptance of water system for Alaqua Lakes Ph. 8, as shown on page _________. 

 

34.  W.O. #38 & #39, as shown on page _________, to CC-1267. 

 

35.  Amendment #5, as shown on page _________, to W.O. #62 for PS-590. 

 

36.  Amendment #1, as shown on page _________, to W.O. #8 for PS-373. 

 

37.  Amendment #1, as shown on page _________, to W.O. #50 for PS-5165. 

 

38.  W.O. #49, as shown on page _________, to PS-5120. 

 

39.  W.O. #74 & #75, as shown on page _________, to PS-5165. 

 

40.  M-2028-07 Agreement, as shown on page _________, with Estep Construction, Inc. 

 

41.  W.O. #48, as shown on page _________, to PS-5120. 

 

42.  Amendment #1, as shown on page _________, to W.O. #1 to PS-1529. 

 

43.  W.O. #6, as shown on page _________, to PS-596. 

 

44.  Amendment #1, as shown on page _________, to RFP-4156. 

 

45.  W.O. #16, as shown on page _________, to PS-0381. 

 

46.  W.O. #15, as shown on page _________, to CC-1252. 

 

47.  W.O. #56, as shown on page _________, to PS-5150. 

 

48.  W.O. #6, as shown on page _________, to CC-1075. 

 

49.  RFQ-600182, The Doctor’s Center Health Services, as shown on page __________. 

 

50.  Amendment #2, as shown on page _________ to W.O. #18 to PS-5190. 

 

51.  W.O. #2, as shown on page _________, to PS-1175. 

 

52.  W.O. #26 close-out, as shown on page _________, for CC-1262. 

 

53.  W.O. #3 close-out, as shown on page _________, for CC-1284. 

 

54.  C.O. #2, as shown on page _________, to W.O. #3 for CC-0023. 

 

55.  Amendment #2, as shown on page _________, to IFB-3056. 

 

56.  W.O. #4, as shown on page _________, to PS-1501. 

 

57.  W.O. #46, as shown on page _________, for RFP-4214. 

 

58.  W.O. #4, as shown on page _________, to PS-0722

 

59.  W.O. #28, as shown on page _________, to PS-5174. 

 

60.  Amendment #3, as shown on page _________, to RFP-4217. 

 

61.  Amendment #2, as shown on page _________, to IFB-3086. 

 

62.  W.O. #57 & #58, as shown on page _________, to PS-5150. 

 

63.  W.O. #17, as shown on page _________, to PS-0381. 

 

64.  W.O. #5, as shown on page _________, to PS-1529. 

 

65.  W.O. #59 & #60, as shown on page __________, to PS-5150. 

 

66.  W.O. #4, as shown on page __________, to PS-1074. 

 

67.  Third Amendment, as shown on page _________, to RFP-1091. 

 

68.  First Amendment, as shown on page _________, to Litigation Consultant Services Agreement with Gerson, Preston, Robinson & Company. 

 

69.  W.O. #47, #48, #50, #51, #52, #53, #54, #55 & #56, as shown on page _________, to CC-1220. 

 

70.  W.O. #3, as shown on page _________, to PS-5181. 

 

71.  W.O. #3, as shown on page _________, to PS-1074. 

 

72.  W.O. #14, as shown on page _________, to PS-5182. 

 

73.  W.O. #7, as shown on page _________, to RFP-0225. 

 

74.  Amendment #2, as shown on page _________, to W.O. #2 for PS-1020. 

 

75.  C.O. #1, as shown on page _________, to CC-1154. 

 

76.  W.O. #66, as shown on page _________, to PS-5130. 

 

77.  W.O. #6, as shown on page _________, to PS-1529. 

 

78.  C.O. #4, as shown on page _________, to CC-0509. 

 

79.  W.O. #61, as shown on page __________, to PS-5150. 

 

80.  Amendment #1, as shown on page _________, to M-491. 

 

81.  C.O. #1 & #2, as shown on page __________, to CC-1055. 

 

82.  W.O. #9, as shown on page __________, to CC-1057. 

 

83.  W.O. #10, as shown on page __________, to CC-1075. 

 

84.  W.O. #8, as shown on page __________, to PS-1529. 

 

85.  W.O. #50, as shown on page __________, to PS-5120. 

 

86.  W.O. #29, as shown on page ________, to PS-5174. 

 

87.  C.O. #3, as shown on page _________, to CC-0569. 

 

88.  Assignment Agreement for PS-5100, as shown on page _________. 

 

89.  Amendment #4, as shown on page ________, for M-385. 

 

90.  Copy of Order Approving Settlement Agreement for application for increase in water & wastewater rates for Sanlando Utilities Corp. 

 

91.  Copy of Final Order Approving Joint Motion & Settlement Agreement for Application for increase in wastewater rates for Alafaya Utilities, Inc. 

 

92.  Amendment #1, as shown on page _________, to W.O. #22 for RFP-4221. 

 

93.  W.O. #40, as shown on page _________, to CC-1267. 

 

94.  W.O. #4, as shown on page __________, to PS-5180. 

 

95.  Bids as follows:  CC-2087-07, PS-2051-07, CC-2098-07, PS-2014-07, PS-2144-07, RFQ-2199-07 and CC-2244-07. 

 

Sheriff’s Office

55.  Approve and authorize Chairman to execute and process the associated Budget Amendment Resolution #2007-R-131, as shown on page ________, in the amount of $904,060 for the Sheriff's Office budget for a grant agreement with the Department of Children and Families to perform child protective investigations in Seminole County.

56.  Approve and authorize Chairman to execute a Budget Amendment Resolution #2007-R-132, as shown on page ________, recognizing $96,383 in additional FY 2006/07 SCAAP revenues and correspondingly increasing the Sheriff’s FY 2006/07 operating budget by an equivalent amount.

 

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

 

 

 

REGULAR AGENDA

     Meloney Lung, Support Services, addressed the Board to give an update on properties under consideration for acquisition to expand the Five Points Government Center.  She stated last July the County purchased Auto World and they have vacated the property.  Allstate has decided to enter into negotiations and the .8 acre parcel is appraised at $575,000, and it appears they are looking for double the price.  The Recovery House is 2.06 acres and it is appraised at $800,000.  Allstate and Recovery House have asked for their own appraisals and to date they have not received them back.  Blue Book is not interested in selling and staff is eliminating them.  She said David Maus Toyota has sold their property and staff can no longer pursue that property.  Bill Ray Nissan property is still available and the appraisal was $4.6 million.  Mr. Ray had an appraisal done and it came back at $6.295 million.  She stated the other issue is the material storage yard located at 5 Points.  The land that it sits on will be needed for expansion of the jail.  The County will have to purchase some land or put it somewhere else.  Staff is looking at the parcel the County owns on Upsala Road. 

     Chairman Henley stated FDOT owns 5 acres in that area and they indicated that they are willing to turn that over to the County.  Staff did an analysis on the Upsala parcel and it indicated that there are some wetlands in that area.   There is probably not enough area to build a sports field, but staff can explore that property.  He stated the Board has never given any direction on the Bill Ray Nissan parcel and he would hope they can add that to the list for negotiations.

     Upon inquiry by Commissioner Carey relating to the land at the community college, Ms. Lung advised Chief Raw has indicated they are not going to install a burn building but they are going to install a tower.

     Commissioner Carey stated she doesn’t think they should pursue the Lake Minnie Plaza or the Recovery House properties.  She stated she feels staff should continue to negotiate with the Bill Ray Nissan property.  She stated sometimes it makes a difference if a contract (Allstate parcel) is placed in front of them.

     Commissioner Dallari stated he feels they need to continue looking at each of the properties to see where they can go with the negotiations.  He further stated he feels it is important to look at the auto dealership, but he would like staff to check and see what needs to be done for renovation purposes so they can see what other additional costs there are, if any.

     Ms. Coto stated part of staff’s evaluation would include what has to occur on the site to make it usable for their purposes.  She feels the auto dealership could accommodate some of the County’s smaller vehicles but not the heavy equipment or fire equipment, and there would have to be significant modifications.  Staff would need to check into that to determine what investment is needed to make it fully functional.

     Commissioner McLean stated he wants to make sure that the David Maus site is a done deal.  Sometimes these have a potential of unraveling on occasion.  That is something they could use in addition to the Bill Ray Nissan property (9˝ acres).  If the County has an opportunity to purchase property and they have the funds available, they should go into negotiations. 

     Commissioner Van Der Weide stated he feels Bill Ray Nissan is the best plan, but he is not sure if the public understands that this has been a well-thought plan for years and these are not new wild adventures they are pursuing with taxpayers’ money.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize staff to continue with the process including the Bill Ray Nissan site.

     Under discussion and upon inquiry by Commissioner Carey, Chairman Henley advised his understanding is they are not taking out anything at this time nor are they closing until staff can come up with a contract that is acceptable to this Board.

     Commissioner Dallari stated he would like staff to keep on reviewing that to see where they are going with it.  Commissioner McLean agreed with that as well.

     Ms. Lung stated Lake Minnie Plaza and the Flowers Bakery were removed.

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

AWARDS & PRESENTATIONS (Continued)

Senator Lee Constantine addressed the Board to present FRDAP Grant Checks to the City of Casselberry and Seminole County.  He stated the one thing he was fond of in 1998/1999 is when they were changing the Florida Forever program from the P2000 program and they put a lot more emphasis into the recreational parks that were close to the people.  They are now looking at the next generation of Florida Forever, and one of the things they are looking at is to continue to pump money into the defer opt program, which will bring dollars back and give communities more opportunities to have suburban and urban parks.  He said he has two checks and one is for the City of Casselberry Lake Concord and Anniversary Park and it is for $200,000.  He presented the check to Mayor Bob Goff, City of Casselberry.  He submitted a check in the amount of $200,000 to the Board and Joe Gasparini, Parks & Recreation, for the Jetta Point Park. 

     Senator Constantine wished the Board the best on the commuter rail issue that is being presented today.  He stated he has been looking with interest on the L&L acres and the Wekiva Springs protection area.

     Commissioner Carey stated Florida Forever has done a lot of good throughout the State and she asked Senator Constantine to explain what will happen to the Florida Forever funds.

     Senator Constantine stated when the next generation of P2000 passed 10 years ago, it went from a land purchase program to a program that had some emphasis that would be local government and water resources and it assured the citizens of Florida that they would have more of interplay with the land they are purchasing.  He feels they are going to see that trend continue.  They are looking at putting more emphasis in local parks and green-type situations.  He stated he has worked with MyRegion.org, the Audubon, as well as the environmental groups, and they put a tax increment financing package in for the counties.  He explained how that will work.  He said they are not necessarily taking any money out of the County’s budget, but as that valuation increases the land will be protected as environmentally sensitive and conserved forever.

     Chairman Henley recessed the meeting at 10:20 a.m., reconvening it at 10:25 a.m.

REGULAR AGENDA (Continued)

     Don Fisher, Deputy County Manager, presented request for approval of the Second Amendment to the Seminole County and City of Oviedo Community Park Agreement.  At the August 8, 2006 work session, the City of Oviedo requested that $250,000 of County funds be applied to equestrian elements at Shane Kelley Park.  The County agreed to that request subject to an acceptable agreement, which is outlined in the agenda.  This agreement extends the timeline to construct bathroom facilities at the site from a 2001 agreement from June 30, 2006 to December 30, 2007.  The equestrian elements contemplated are stabilized parking areas for horse trailers and trail connection to Lockwood Blvd.  Another phase that is being worked on is to extend a trail section through a development in which they are attempting to secure an easement through Flagler Trail.  The City proposed that the County provide those funds to the City.  The City would also provide $250,000 in matching funds and $90,000 grant money to build bathroom facilities for a total project budget of $590,000.  The City’s commitment was to stabilize the unpaved parking areas for the equestrian uses and trail connection, and they would do as much as they could to fulfill the requests from the Friends of Winter Miles.  This project has been in the works for about three years and the City wants more discretion as to how these facilities will be provided.  The City provided a conceptual master plan at the work session and they indicated that it was equivalent to what the County was going to do three years ago.  He reviewed the highlights of the agreement.  There was discussion at the work session that this agreement would reflect the City’s $250,000 match and that is not contained within the agreement.  He sent an e-mail from Mr. Jerry Seibert to the Board indicating where the City’s funds are coming from and what the City’s intent is regarding this project.  He explained the reason for the delay in bringing this to the Board is they were waiting for the offset equestrian easement.  Staff recommends approval subject to the County receiving an equestrian easement document. 

     Commissioner Carey stated she feels the $250,000 the City is matching should be in the agreement.  She stated Shane Kelley Park was previously an equestrian facility before it became a park.  Therefore, that area is already stabilized but needs to be cleaned up and maintained.  She stated she would like to know if there were any funds available and would they continue to do the other things the Friends of Winter Miles requested. 

     Mr. Fisher stated the discussions at the work session indicated that at a minimum the parking trailhead and trail connection would be provided with those funds.  If there were any funds left over, it would be applied toward the equestrian uses. 

     Chairman Henley stated the agreement is very specific as to what the money can be spent for.  The other thing that was left out in the agreement is the City couldn’t use grant funds for matching. 

     Mr. Fisher stated there was discussion at the work session that the City would provide 20 unpaved parking spaces and the trail connection.  The City commented that they would work with the Friends of Winter Miles to provide the other facilities, but that was not the part of the agreement between the County and the City.  Discussion ensued.

     Commissioner Dallari stated the City and County discussed that there would be matching funds from both groups and it would be built per the master plan.  The minimum would be the trailhead and any money left over they would continue building off that master plan and that is not in the agreement. 

     Ms. Coto stated there was a lot of discussion about the master plan, but at the conclusion of the work session there was discussion that the County would give $250,000 for the unpaved parking lots, stabilized parking, etc.  Anything the City decided to do above and beyond that would be at the City’s expense. 

     Commissioner Carey stated a training facility for the horses is already on the property; therefore, it is already stabilized but has just grown up.  She stated she can’t imagine it would take $600,000 to do the minimum amount that needs to be done.  She added she wants to make sure that the rest of the money goes toward building out the master plan the City adopted.

     Mr. Fisher stated the City indicated through a press release that it was not their intent at this time to provide the other equestrian elements, including the ring or the barn. 

     Chairman Henley stated what is in the agreement is the County will specify what that will be used for and nothing was said about doing anything beyond what was in the agreement.  He stated any money they can save off any project will help them rebuild the Contingency Fund.

     Mr. McCollum stated the City was responsible for the design and permitting and it would tie into Lockwood Road.  The County is going is implement from Lockwood to the Flagler Trail.

     Chairman Henley read Section C of Page 2 and stated that is very plain as to what the intent is.  He stated the County and City have not agreed to go beyond the amount.  Discussion ensued.  He stated he will continue this item to the afternoon meeting in order to give staff time to work out an amendment based on the e-mail.

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     Dori Debord, Planning & Development Director, addressed the Board to present request to endorse the Regional Compact, Regional Framework and Actions Steps on behalf of the Myregion.org effort.  She reviewed the history of the plan.

     Phil Laurie, Executive Director of the East Central Florida Regional Planning Council, addressed the Board to advise he will be glad to answer any questions.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to endorse the Regional Compact, Regional Framework and Actions Steps on behalf of the Myregion.org effort; and authorize the Chairman to execute the Regional Compact, as shown on page ________.

     Under discussion and upon inquiry by Commissioner Carey, Mr. Laurie advised he hopes that the regional map will be reflected in the local Comprehensive Plan.

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

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     Tina Williamson, Acting Planning Manager, addressed the Board to present request to reduce the Code Enforcement Board lien from $6,675 to $3,411.38 for Case #06-89-CEB on property located at 117 Ford Avenue, Altamonte Springs, Phillip J. Brutus.  She reviewed the timeline of the violation as outlined in the agenda memorandum.  Staff recommends reducing the lien to $2,670 plus the administrative costs of $741.38 for a total of $3,411.38, which is a 60% reduction.  Staff recommends approval based on the time duration of non-compliance, the nature of one violation without repeat violations, and the applicant’s good-faith efforts of bringing the property into compliance while living out of the area,.

     Upon inquiry by Commissioner McLean, Ms. Williamson advised the mailing address is for a company that Mr. Brutus works at and Ms. Velez is an employee who signed the certified mail.

     District Commissioner Henley stated there has been a common problem with absentee owners and he feels it is time to stop wiping these out because they didn’t get the message.  The message needs to be clear to the absentee owners that, regardless, they are responsible for maintaining their property.  He recommended approving reducing the lien to $3,411.38 and require these costs be paid within 60 days or the lien will revert back to its original amount.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to approve reducing the Code Enforcement Board lien from $6,675 to $3,411.38 for Case #06-89-CEB on property located at 117 Ford Avenue, Altamonte Springs, Phillip J. Brutus, and require these costs to be paid within 60 days or the lien will revert to its original amount of $6,675; and upon payment in full, authorize the Chairman to execute the Satisfaction of Lien.

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

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     Ian Sikonia, Planning, addressed the Board to present request to approve the Developer’s Commitment Agreement for the Longwood Hills PUD, consisting of 3.8+/- acres located on the north side of Longwood Hills Road and west of CR 427, Mike Towers.  The applicant obtained rezoning approval from A-1 to PUD at the November 7, 2006 BCC meeting.  The applicant has submitted the plans to the City of Longwood and their comments have been incorporated into the developer’s commitment agreement.  Staff recommends approval of the request.

     Upon inquiry by Commissioner Carey, Mr. Sikonia advised the City of Longwood approved this based on the drawings shown in the agenda package.

     District Commissioner Henley stated he has met with representatives from the City of Longwood and the applicant and they had a lengthy discussion in clearing up issues that the City had.  He recommended approval of the request.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to approve the Developer’s Commitment Agreement, as shown on page _________, for the Longwood Hills PUD, consisting of 3.8+/- acres located on the north side of Longwood Hills Road and west of CR 427, Mike Towers, based on staff findings.

     Under discussion, Matt West, Ivey Planning Group, addressed the Board to state they have been trying to get the left-hand turn lane waived. 

     Mike Towers, applicant, addressed the Board to request waiving the left-hand turn lane.  He said the City is taking a  “non-position” on the waiver.

     District Commissioner Henley stated he will not support this project if it doesn’t have the left-hand turn lane.

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

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     Austin Watkins, Planning, addressed the Board to present request to approve Final Site Plan and Addendum #2 for Parcel 4 of the West Lake Supercenter PCD, for an Aldi Food Store consisting of 2.17+ acres, located at the northwest corner of the intersection of Monroe Road and SR 46, W.D. Holdings.  Each lot within the PCD was allowed to develop as a separate phase and an addendum is added to the developer’s commitment agreement at the time each final site plan is approved.  At this time, the applicant is proposing a 16,929 sq. ft. grocery store with a building height of 23 ft.  Staff recommends approval of the request.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve Final Site Plan and Addendum #2, as shown on page _________, for Parcel 4 of the West Lake Supercenter PCD, for an Aldi Food Store consisting of 2.17+ acres, located at the northwest corner of the intersection of Monroe Road and SR 46, W.D. Holdings, based on staff findings. 

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

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     Chairman Henley recessed the meeting at 11:00 a.m., reconvening it at 11:06 a.m.

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     Jerry McCollum, County Engineer, addressed the Board to highlight what the commuter rail system will look like.  He stated Phase I of the system should be up and running in 2010, with both Phase I and II covering 61.5 miles throughout central Florida.  The total cost of the system would be $615 million and that will pay for the land for the stations, the stations, the double tracking, and the trains.  The total cost for Seminole County is $46.2 million.  The average operating speed of the commuter rail is about 45 mph.  They are looking at three car sets which will hold 218 passengers per car.  The peak hours will have 30 minute headways and off-peak hours will have 2 hour headway.  The system will run Monday through Friday and there will be opportunities for special events as long as someone pays for it.  The Central Florida Commuter Rail Commission (CFCRC) will compose of four counties as well as the City of Orlando.  The Florida Department of Transportation (FDOT) will be responsible for the management of the system and operation and maintenance costs for the first seven years and once that is over, the Commission, made up of local governments, would be responsible for the operation of the system.  A third party would actually run the trains.  Technical and Citizen Advisory Committees will be set up and will be similar to MetroPlan.  He stated staff is requesting approval of an Interlocal Agreement with the Florida Department of Transportation and the Local Government Partners; approval of an Interlocal Agreement for creation of the Central Florida Commuter Rail Commission between the five Local Government Partners; and elect and authorize Seminole County’s member of the Governing Board of the Central Florida Commuter Rail Commission.

     Chairman Henley expressed his appreciation to the County Manager, Deputy County Attorney Guy Minter, and Mr. McCollum for attending the numerous meetings, and he is pleased with what has come forward and what they have accomplished thus far.  He stated he believes that the decision the Board makes today will be more appreciated in the future than it is today.

     Commissioner McLean stated he is excited with being able to move this forward.  The agreements between FDOT and CSX have not been formalized and he would like to see what safeguards were put in place without a formal agreement between those two parties.

     Guy Minter, Deputy County Attorney, addressed the Board to advise the main safeguard is the purchase agreement between FDOT and CSX to acquire the corridor and the Central Florida Operating Management Agreement.  The protection is primarily in the Interlocal Operating Agreement in Section 3.02 that indicates there is a draft of these two agreements that are attachments.  The protection is that if the ultimate agreement that is finally negotiated between FDOT and CSX would impose a materially adverse impact on either the BCC or one of the interlocal partners, then that would result in termination of these agreements.

     Commissioner Dallari stated he would like to thank Congressman Mica for his tenacity in moving this along over the years, because if it wasn’t for his leadership they wouldn’t be here today.  He stated the easement does not talk about fiber optics and he would like to know if it is going to be moved forward and how is it going to be addressed. 

     Mr. Minter stated fiber optic is not stated in the commuter rail easement.  It simply says it is going to be an easement from the department to the commission to operate a commuter rail system and for other uses not inconsistent with uses of the department.  There is, a paragraph (Section 8) in one of the agreements that addresses the topic of future agreements.  He further stated he has raised concerns with representatives of the department that, as it is written, it appears to indicate that CSX would have the preempted right to future revenues from fiber optic providers within that corridor.

     Mr. Minter informed Commissioner Dallari the representatives of FDOT are still working on the fiber optic issue but as it stands now, there is no agreement between the FDOT and CSX that gives the right to the Commission in the future to gain revenues from fiber optics.

     Upon inquiry by Commissioner Dallari, Mr. Minter advised FDOT expressed their desire that they do not want to be in the commuter rail business after seven years and they will give that to the Commission.  He stated it does not say in the agreements that the buses will be exclusively used for commuter rail.

     Commissioner Van Der Weide stated he believes, through a lot of effort from a lot of people, that this has been studied to death.  He stated he feels that the future people in this community will appreciate what they have and this is just the beginning. 

     Commissioner Carey stated she feels the Central Florida Transportation Authority is an important part of this and, without having a way to get from the train station to your location, you cannot go anywhere.  She stated she feels Seminole County’s representative for Lynx should be on the Governing Board.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve the Interlocal Funding Agreement, as shown on page ________, with the Florida Department of Transportation and the Local Government Partners for the Central Florida Commuter Rail System.

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve an Interlocal Goverance Agreement, as shown on page ________, for Creation of the Central Florida Commuter Rail Commission between the five Local Government Partners.

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

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     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to nominate whoever is the County’s Lynx representative as Seminole County’s member of the Governing Board of the Central Florida Commuter Rail Commission, to approve the Interlocal Operating Agreement between the Florida Department of Transportation and the Commission.

     Under discussion, Chairman Henley cautioned the Board against tying those two together as this committee will be the most important commission established because of the enormous amount of money and potential impact.  He stated he doesn’t want to get into a situation of choosing that member every year.

     Commissioner Carey stated Lynx is a very complex agency to understand and she doesn’t think it will change every year.

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

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize staff to make any necessary typo corrections to the interlocal agreements.

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

     Chairman Henley stated he feels this is going to be appreciated more down the road than it is today and it is something that they can be proud of.

     Commissioner Carey stated she would like to commend everyone for their work on this as it has been shaky at times.

     The Representative from Congressman Mica’s office addressed the Board to state the Congressman would like to extend his thanks for staying with him over these years on this issue.  He stated veterans have called him supporting the commuter rail system for the new V.A. Center.

     Chairman Henley stated he received letters from Dr. Hitt supporting the rail as well as the veterans. 

     Commissioner Carey commended the League of Women Voters for supporting this issue as well.

     Noranne Downs, FDOT District 5 Secretary, addressed the Board to thank them for their leadership as this is going to help their children and grandchildren.

COUNTY MANAGER’S BRIEFING

     Bill McDermott, Economic Development Director, addressed the Board to advise Chairman Henley attended the Tourism Development Council meeting last week and they voted to move this study forward to the Board.  He introduced David Darcy, Real Estate Research Consultants. 

David Darcy addressed the Board to display a PowerPoint Presentation (received and filed) relating to the Multi-Use Meeting Facility Marketing & Financial Analysis.  He began his presentation by reviewing the following:  RERC Research Efforts; Major Work Tasks; Key Definitions; Hotel Market showing the four largest properties in Seminole County with major meeting spaces, Four Hotels proposed to be built; and Profile of Orlando metro areas that have over 50,000 sq. ft. of meeting space.  He continued his presentation by reviewing the Major Central Florida Public Meeting Facilities; Proposed Facilities; User Surveys; Meeting Planner Site Location Criteria; Comparable Meeting Centers; Site Area Analysis and what area is the best area; Recommendations pertaining to recommended building program; the Financial Operations and Cost Estimates; Fiscal Benefits Generated by Meeting Center; and Funding Needs.

     Tom Coulter, RERC, addressed the Board to review the Funding Shortfall and the Potential Sources to Fund the Shortfall. 

     Mr. Darcy concluded his presentation by reviewing the Next Steps, as outlined. 

     Chairman Henley stated this was brought to the Board in 1994 and he would like the Board to explore the possibility of a larger facility so they can serve the community better.  He would like to explore the possibility of a multi-use facility where they could bring in some sports venues in addition to having meetings.  He would encourage the Board to move forward with an RFP to see who would like to partner with the County. 

     Commissioner Van Der Weide stated this has been an extremely long process.  Staff will be going out with a request for an RFP from the private sector to see if there are any interests.  He stated he feels it should incorporate the Chairman’s additional thoughts relative to the size of the project. 

     Commissioner Carey stated she feels the County needs to think about what fits in the community and what would work.  She stated she feels it is premature to go out with an RFP as they need to be more specific about what they are looking for.  There are a lot of different models of convention centers across the country and she would like to hear more about what has been built.  She said she would like to know more about how they propose funding this before businesses respond to an RFP.  She stated she proposes to move forward with further discussion of what kind of design is out there and how they will address the cost.  She said if they move forward with those two analysis, they would have a better understanding of what to put out in an RFP. 

     Chairman Henley stated he would suggest allowing staff to do some work as to the size, the use, and flexibility in detail, and then have staff to come back with some guidelines that can be incorporated into an RFP.

     Commissioner Dallari stated they will be looking at tourism tax dollars and not ad valorem property tax money.  A facility like this could be an economic engine for Central Florida in bringing in additional revenue.  The key is to make sure it is a multi-purpose facility and when an RFP goes out it can compare apples-to-apples.  It is critical that they do have the right size and the County has total versatility to try to figure out what the need is for the community.  The County will get creative with the financing so it is not on the backs of the taxpayers.  He added he would like the consultant, RERC, to be involved in it as well.

     Commissioner McLean stated he feels what is going to make this an economical driver is flexibility.  He stated he feels the questions they have can be worked out by due process.  He added he also feels they should look at a larger facility.

     Commissioner Carey stated she is not saying not to move forward, but she doesn’t think they have enough guidelines to put it in an RFP.  She asked if they can use resort taxes under the current structure and if not, what would they need to do to be able to do that. 

     Mr. McMillan advised it is going to turn out to be depending on what the Board decides they are building.  He stated if the study had been written differently they would have less problems with it.  He said there are legal definitions for Convention Centers versus Conference Centers and what constitutes them.  There are funding sources put out today that the County doesn’t have available to them.  The 1% gross revenue tax doesn’t exist.  Seminole County does not qualify as a high tourism county; therefore, they do not have high tourism impact money.  If the Board is planning to bond this, the Bond Counsel will not go through this bonding without having a validation hearing before the Court.  He stated whether or not this facility will meet the definition of the Statute is going to be an issue at those hearings as well.  He said he feels that he and the County Manager can work through the issues to get it done in a way the Board desires to get it done. 

     Commissioner Carey stated she would like to have an in-depth research from staff as to what they can or cannot do.

     Mr. McMillan stated since the County managed to get the sports training facility validated as a sports stadium, he feels staff can get there. 

     Chairman Henley recommended that Ms. Coto and Mr. McMillan explore the type and size of the facility and then have them to come up with information as to the funding issues that are available.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize staff to move forward with an RFP to the private sector outlining the County’s goals and objectives for the center and hotel site requirements after the Board receives answers to the two conditions as stated by the Chairman.  

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

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     The Chairman recessed the meeting at 12:25 p.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

 

 

PROOFS OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner Carey 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. 

CONSIDERATION OF DISCLOSURE

OF OWNERSHIP ORDINANCE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance amending the Seminole County Code and dealing with disclosure of ownership interests in real property, received and filed. 

     County Attorney, Robert McMillan, presented the proposed ordinance, advising it  creates a requirement to disclose all ownership in any property that is the subject of an application for a rezoning, future land use amendment, special exception, or variance. 

     Egerton Van den Berg, 1245 Howell Point, addressed the Board to advise he was the Chairman of the Sub-Committee of the Charter Review Commission that drafted this proposed regulation.  He said that if the BCC adopted this ordinance, it will carry into effect the exact purpose of the CRC.  He stated, however, that he has concern about one portion of the ordinance dealing with disclosure of the ownership percentage. 

     Attorney McMillan advised the language dealing with the percentage of ownership is found on page 3, paragraph (c) (1), (3), (5) and (6).  He said disclosing the percentage of ownership is another level of disclosure.  He added that the Board can make the decision about what level of disclosure they are comfortable with. 

     Commissioner Van Der Weide stated that as long as the ordinance does what the voters want, he does not believe it needs to be carried to the “nth” degree. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2007-23, as shown on page ________, as amended, striking all references to percentages of ownership and interests, amending the Seminole County Code and requiring disclosure of ownership in real property that is subject of an application for a rezoning, future land use amendment, special exception, or variance, as described in the proof of publication. 

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

     Attorney McMillan advised an Application & Affidavit Form is included in the agenda packet which will have to be modified to remove the ownership percentages.  He added that the form is not part of the ordinance. 

CONSIDERATION OF COMMISSIONER

SALARY ORDINANCE

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an ordinance amending the Seminole County Code and effecting Commissioners’ salaries, received and filed. 

     Attorney McMillan presented the proposed ordinance, advising it limits any increase in compensation for commissioners from exceeding the U.S. Consumer Price Index.  Also, annual increases must be approved at a public hearing during the adoption of the County budget. 

     Upon inquiry by Commissioner Henley, Attorney McMillan advised this ordinance goes into effect immediately. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to adopt Ordinance #2007-24, as shown on page _______, amending the Seminole County Code and effecting Commissioners’ salaries, as described in the proof of publication. 

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

APPEAL AGAINST THE BOA,

TODD RICHARD

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a side street (north) setback variance from 25 feet to 0 feet for an existing wood privacy fence in R-1AA (Single Family Dwelling District) located at 750 Preble Avenue, Todd Richard, received and filed. 

     Planner, Joy Williams, addressed the Board to present the appeal, advising the Board of Adjustment unanimously approved a side street setback variance from 25 feet to 10 feet, therefore, requiring the applicant to move the existing fence line south 10 feet.  She further advised the staff recommends the BCC uphold the decision of the BOA, therefore, denying the appeal. 

     Todd Richard, Appellant, addressed the Board to advise his fence was damaged during the 2005 hurricane and he could not afford to replace it at the time.  He said he replaced the fence after Code Enforcement cited him; however, he did not know he had to obtain a permit so he put the fence up without one.  He displayed a photograph of the fence, stating that if he has to move the fence in, he will have to build around some trees that are in the way.  He added that none of the residents living on Campello Street have a problem with the fence in its current location. 

     No one else spoke in support or in opposition. 

     District Commissioner Henley stated that there are a lot of structures and fences put up in the County without a permit.  However, when a fence is damaged due to an act of nature, it must be rebuilt to meet the current code.  He expressed his concern with setting a precedent in the area; therefore, he said he believes the BOA has ruled properly. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to deny the Appeal, thereby, upholding the Board of Adjustment to deny a side street (north) setback variance from 25 feet to 0 feet for an existing wood privacy fence in R-1AA (Single Family Dwelling District), however, allowing the reduction, as recommended by the BOA, to 10 feet, located at 750 Preble Avenue, as described in the proof of publication, Todd Richard. 

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

APPEAL AGAINST BOA,

JANET WORK

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a side yard (south) setback variance from 10 feet to 6 feet for an existing room addition in PUD (Planned Unit Development District), located at 2521 Ticket Ridge Court, Janet Work, received and filed. 

     Planner, Denny Gibbs, addressed the Board to advise the appellant and the homeowners association are in mediation; therefore, a continuance has been requested. 

     No one spoke in support or in opposition. 

     Speaker Request Forms and Written Comment Form were received and filed. 

     Copy of letter from the Sabal Point Community Services Association dated July 11, 2007 was received and filed. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to continue until August 28, 2007, consideration of an Appeal against the Board of Adjustment in denying a side yard (south) setback variance from 10 feet to 6 feet for an existing room addition in PUD (Planned Unit Development District), located at 2521 Ticket Ridge Court, as described in the proof of publication, Janet Work. 

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

APPEAL AGAINST BOA,

DEBORA MOON

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny the permanent placement of a mobile home in the A-5 (Rural Zoning) at 2060 Lakeview Avenue, Debora Moon, received and filed. 

     Planner, Kathy Fall, addressed the Board to present the appeal, advising the staff recommends the BCC uphold the BOA’s decision. 

     Upon inquiry by Commissioner Carey, Ms. Fall advised that the appellant moved out of the mobile home on the property because of damage sustained by a hurricane. 

     Commissioner McLean commented that there is already a permanent mobile home in this area. 

     Ms. Fall showed a map of the area (not received & filed), advising the recent trend for this area is toward conventional homes.  She agreed that there is a permanent mobile home already in the area because it was granted due to a medical hardship. 

     A brief discussion ensued between the Board and County Attorney, Robert McMillan, with regard to temporary and permanent permits. 

     Debora Moon, Appellant, addressed the Board to advise her father passed away and she has had to remove the old mobile home because of the damage sustained by a hurricane.  She said she takes care of her mother who wants to return to the property.  She stated that she has sold her home in Deltona in order to make her mother happy.  She further stated that this is agricultural property and is on a dirt road with not a lot of traffic on it. 

     Robert Brant, abutting resident, addressed the Board to speak in support of the placement of the mobile home. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to grant the Appeal, thereby, reversing the Board of Adjustment’s decision to deny the permanent placement of a mobile home in the A-5 (Rural Zoning) at 2060 Lakeview Avenue, as described in the proof of publication, Debora Moon, and approval of Development Order, as shown on page ________. 

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

CONSIDERATION OF REQUEST TO REZONE

FROM A-1 TO RC-1, DARRYL CULBRETH

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to RC-1 (Country Homes), for 2.2 acres located on Carter Road, Darryl Culbreth, received and filed. 

     Planner, Herman Wright, addressed the Board to present the request, advising the applicant wants to construct two homes on the property which is allowed within the RC-1 zoning district.  He further advised the P&Z Commission unanimously recommended approval; and the staff recommends approval also. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to adopt Ordinance #2007-25, as shown on page _______, granting rezoning from A-1 (Agriculture) to RC-1 (Country Homes), for 2.2 acres located on Carter Road, as described in the proof of publication, Darryl Culbreth. 

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

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     The Chairman recessed the meeting at 2:20 p.m., reconvening it at 2:26 p.m., this same date. 

REQUEST FOR LAND USE AMENDMENT & REZONING

FROM OP TO PUD, YRG HOTEL GROUP II, LLC

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request for a Small Scale Land Use Amendment from OFF (Office) to PD (Planned Development) and a rezoning from OP (Office) to PUD (Planned Unit Development) on 8.15 acres, located on the northwest corner of the intersection of CR 46A and International Parkway, approve Preliminary Master Plan and Development Order, YRG Hotel Group II, LLC, received and filed. 

     Planner, Ian Sikonia, addressed the Board to present the request, advising the requested zoning and land use will allow for a maximum 263-unit hotel with conference facilities or a Target Industry use, a sit-down restaurant, and limited Commercial/Office Uses to be designated at the time of Final Master Plan.  He further advised that the applicant is proposing two access points (as shown on the Preliminary Master Plan) and one access point on CR 46A.  Staff has reviewed these access points and recommends that only one access be approved on International Parkway.  He stated staff has received one letter in opposition to the 46A access point.  He said the P&Z Commission unanimously recommended approval of the request subject to the following changes in the Development Order:  (1) Condition K – the west buffer shall be a minimum average of 10 feet wide, which may go down to 5 feet wide when adjacent to internal drive aisles or parking stalls.  However, all areas west of the Hotel building will be green space; and (2) Condition N – There shall be two access points located on International Parkway no closer than 250 feet from the intersection of CR 46A.  He added that staff recommends approval of the request and the Preliminary Master Plan, subject to the conditions of the D.O., inclusive of only one access point on International Parkway. 

     Commissioner Carey clarified with Mr. Sikonia that the condition in the D.O. is “O” and not “N”. 

     Attorney Robert Apgar, representing Heathrow Oaks LLC, addressed the Board to advise they have reached a settlement with the applicant with regard to the mutual landscaping plan (copy received & filed); and, therefore, are in support of the land use and rezoning. 

     Attorney Steve Coover, representing YRG Hotel Group II, LLC, addressed the Board to advise they have been able to work out an agreement with the neighbors to the west with regard to the landscaping.  He said there are only two issues with this project.  One is the access on International Parkway which the developer’s engineer, Charlie Madden, will discuss; and the other issue is adding the following language to Condition K of the D.O., “All area west of the hotel building shall be green space except for limited sidewalks.  He added that the signature line of the D.O. should be for Srinath Yedla instead of Rick Blackburn. 

     Charlie Madden, developer’s engineer, addressed the Board to explain the access on SR 46A is very important for the functionality of the overall project, especially with regard to the outparcels.  He said that he knows the objection by Heathrow is the number of cars that will try to get to I-4, however, there are adequate stacking lanes that line up with Grand Oaks and it should not create a problem for the Heathrow residents.  With regard to the request for two access points on International Parkway, he said the property has over 1,200 feet of road frontage and they feel that two access points are reasonable.  He stated that they will meet the Land Development Code with regard to the minimum distance from the intersection and they will be spaced to meet all regulations.  He said that the subject property is made up of four separate parcels of land which could have been sold individually and had four different accesses.  Therefore, they believe that asking for only two accesses and trail crossings is a reasonable request. 

     Blaine Darrah, 1624 Cherry Ridge Drive, representing the Heathrow HOA, addressed the Board to advise their primary concern is the access on SR 46A.  He said the people coming from the hotel may not know the area and, when exiting, go the wrong way into the Grand Oaks development and try to make a U-turn so that they can get to I-4.  He added that if an access is granted, he would ask that only a right turn in be allowed and not a right turn out. 

     No one else spoke in support or in opposition. 

     Speaker Request Forms were received and filed. 

     Upon inquiry by District Commissioner Carey, County Engineer, Jerry McCollum, addressed the Board to state that if the trail were not located there, the two access points would really not be an issue.  He said engineers always try to limit the number of crossings over a trail. 

     Upon inquiry by District Commissioner Carey, Tom Daly, representing the developer, addressed the Board to advise the agreed upon landscape plan with the western property owner exceeds the County’s code. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to adopt Ordinance #2007-26, as shown on page _______, approving Small Scale Land Use Amendment from Office (OFF) to Planned Development (PD); and adopt Ordinance #2007-27, as shown on page _______, granting rezoning from OP (Office) to PUD (Planned Unit Development) on 8.15 acres, located on the northwest corner of the intersection of CR 46A and International Parkway, as described in the proof of publication, YRG Hotel Group II, LLC; approve the Preliminary Master Plan, with the agreed upon landscaping plan as presented, and Development Order, as shown on page _______, as amended, with the following changes:  (1) Include in Condition K, that all the area west of the hotel shall be green space except for sidewalks; (2) Change Condition O, to include two access points on International Parkway; and (3) Change the signature line name to Srinath Yedla. 

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

REQUEST FOR LAND USE AMENDMENT & REZONING

FROM SE TO PD, CANIN ASSOC./RONALD MANLEY

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a Large Scale Future Land Use Amendment from Suburban Estates (SE) to Planned Development (PD); and rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for 116.74 acres, located on the south side of Lake Mary Boulevard, between Markham Woods Road and Heathrow Boulevard; Preliminary Master Plan and Development Order, Canin Associates, Ronald Manley, received and filed. 

     Assistant Planning Manager, Tina Williamson, addressed the Board to present the request, advising the proposed use is 130 single-family lots at a maximum density of 1.4 dwelling units per net buildable acre.  The proposed lot sizes will range from one acre or larger adjacent to the A-1 zoning along the west property line to a minimum of 8,400 square feet adjacent to the retail and condominiums in the Oakmonte PUD along the east property line.  The property is proposed to be developed in a maximum of three phases.  She stated staff received the ORC Report from DCA which consisted of an objection regarding establishing the maximum allowable density for this Future Land Use Amendment to PD as 1.4 dwelling units per net buildable acre.  If the Board approves this amendment, staff will draft a response to DCA regarding the ORC and addressing the history of the PD land use designation and its implementation.  She further advised that staff recommends approval of the land use amendment and the rezoning based on staff findings.  She added staff also recommends that Condition C in the D.O. be deleted in its entirety. 

     Attorney Hal Kantor, representing the developer, addressed the Board to request approval of the project and stated he will answer any questions. 

     Debra Wert, 20 Stone Gate South, and Ann Breg, 26 Stone Gate South, addressed the Board to speak in support, but expressed their concern about the south pasture of the subject property, which they live along.  Ms. Wert stated Mr. Dicks (owner of the property) has promised that there will be nothing built on this 85-foot property.  She said they want to make sure that there will be no RV storage, maintenance sheds, or storage of large equipment during the construction phase. 

     Upon inquiry by Ms. Wert, Chairman Henley stated that open space and green space is basically the same thing. 

     Ms. Wert questioned how the developer will keep people off the pasture land.  She said currently there is a barbed-wire fence and she would not want a wall erected. 

     Blaine Darrah, 1624 Cherry Ridge Drive, representing the Heathrow HOA, stated the initial issues they had with the project have been resolved.  He advised that the developer has agreed to share the cost of maintaining the median on Lake Mary Boulevard and will take over the maintenance on the south side of Heathrow Boulevard.  He added that they are pleased with the plan for the property. 

     Olivia Simmons, 139 West Floyd Avenue, addressed the Board to speak in opposition, stating the subject property is a unique environmental gem located in the protection area.  She expressed her concern regarding the shortage of water and the effect of development on the aquifer.  She said the lakes are low and further development will impact them more. 

     Sarah McClendon, 250 Spring Lake Hills Drive, addressed the Board to request denial of the proposed plan, stating concrete has covered too much of the County.  She said potable water and wildlife are being threatened.  She asked that the Board save this property from development and keep it as green space. 

     Michele Hudson, 32 Windsor Isle Drive, addressed the Board to advise she is also speaking on behalf of Carolyn Zeuli.  She stated this property is sitting in the Wekiva Basin recharge area and should be protected.  She submitted a copy of an article (received & filed) from Success Magazine regarding the water supply, expressing her concern about the aquifer.  She stated that according to long-time residents, Rice Lake and Linden Lake have been negatively impacted by Heathrow and she is afraid this development will impact those lakes even more. 

     Chairman Henley commented that the County has been put on notice that they must come up with a plan to move toward an alternative water supply. 

     Ms. Hudson stated that if we value the community, then keeping green areas is something that needs to be planned for and seriously considered.  She said that many people are unaware of these development plans and of this hearing.  She added that she would be in favor of the County purchasing this land for a park. 

     Chairman Henley stated all the Commissioners would like to see this property left in its natural state.  However, when the County looked into purchasing it, it was much too expensive at $30 million.  He explained that there are laws which allow property owners to use their property in a reasonable manner. 

     Gray Hudson, 32 Windsor Isle Drive, addressed the Board to urge the Board to deny the requested land use and rezoning, based on the ORC Report from DCA and the fact that the area has not changed substantially to warrant more than one unit per acre.  He added profit is not an acceptable reason to change the County’s Comp Plan. 

     Jeff Traylor, 191 Villa Di Este Terrace, addressed the Board to speak in opposition, stating he just moved to the area three weeks ago and heard about the proposed rezoning.  He said the property is one of the most beautiful he has seen. He asked if there is any way to keep the houses beyond the tree line. 

     Clem Grey, 22 Windsor Isle Dr., addressed the Board to request that Mr. Dicks be held to two-acre home sites on the lake. 

     Cindi Freeman, 5450 Carter Road, addressed the Board to state she lives 1˝ miles from the property where she has seen deer, wild turkeys, and bears.  She said she would be very sad to see this property developed. 

     Quentin Beitel, 4 Quail Run, addressed the Board to speak in opposition and to request that the density be reduced. 

     Attorney Kantor stated in addressing Mrs. Wert’s concern, they would agree to including that no maintenance shed can be located on the southeastern end of the property.  With regard to the water supply concerns, he advised that the Comp Plan process includes State agencies that have the responsibility over water quality and resources.  So the St. Johns River Water Management District and the EPA are responsible for reviewing and permitting.   He stated that the comment in the ORC Report is just that, a comment and not an objection.  He added that this is the cleanest ORC Report he has ever dealt with in his experience.  He said that the land has been available for sale for two decades; and he asked that the Board approve the land use amendment and rezoning as recommended by staff. 

     No one else spoke in support or in opposition. 

     Speaker Comment Forms and Written Comment Forms were received and filed. 

     Photograph of a cow at the lake on the subject property was received and filed. 

     Chairman Henley stated it is true that the property has been for sale for a long time and the County did not have the money to purchase it; even though they tried to get the owner to donate it. 

     District Commissioner Carey stated she would like to add the language suggested by Attorney Kantor with regard to the southeastern portion of the property (pasture) to not have any building or structures on it.  She said she would also like to change the language in Condition K to say, “the amenities shall be provided at the time of the master plan” and not require a pool/clubhouse specifically. 

     Upon inquiry by Commissioner Carey, Planning & Development Director, Dori DeBord, addressed the Board to advise the DCA did review this amendment and they had no issues at all with it.  She clarified the only objection was for further clarification in the County’s Comp Plan.  She said staff has proposed a policy which, after this point, will establish the County’s future land use map noting the various PD land uses that have been approved.  She added that this is just a bookkeeping exercise.  Copy of revised ordinance was received and filed. 

     Commissioner Dallari stated he would like to see some consideration during the final engineering that a stormwater system be designed so that there is no negative impact to Linden Lake or Rice Lake, and that the developer be required to have a geotechnical engineer review and certify that there is no negative impact based upon, but not limited to, surface run-off, re-routing groundwater, soil modification and/or percolation. 

     Commissioner Carey asked if the developer is agreeable to this; whereupon, Development Review Manager, Bryan Potts, addressed the Board to advise he has not shown Mr. Kantor this language yet. 

     District Commissioner Carey stated that right now Linden Lake is just a mud hole and Rice Lake has 20 feet of shore that usually has water in it.  She said they have seen a lot of proposals on this property and everyone agrees this is a beautiful piece of land.  However, it is sandwiched between one house per acre and 16 units per acre on the other side.  She said the densities and the commercial use is all around it.  She stated she believes this is the best plan that they have seen.  She reminded everyone that there was an opportunity for this to be a park when there was a proposal to have 10 acres of the property to be a restaurant and 106 acres to be donated as a park; but many people opposed that.  As far as the water goes, she explained what the County has done in the last two years to address the water needs.  She further said that this property will have water and sewer and there will not be a well on every site like the surrounding area.  She added that this plan, she believes, is about as good as it gets. 

     Mr. Potts advised the applicant is agreeable to the language as presented by Commissioner Dallari and has requested that the language be inserted in the P&Z Commission’s comments, replacing #4, with one addition that where it says “negative impacts”, he wants that specified to “relative to water levels and water quality of lakes”. 

     Commissioner Dallari agreed with the clarification. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2007-28, as shown on page _______, for a Large Scale Future Land Use Amendment from Suburban Estates (SE) to Planning Development (PD; adopt Ordinance #2007-29, as shown on page _______, approving rezoning from A-1 (Agriculture) to PUD (Planning Unit Development); approve Preliminary Master Plan; and Development Order, as shown on page ________, as amended, eliminating Condition C, revise Condition K (as she recommended), add Condition Q (as offered by Attorney Kantor), and replacement statement for #4 P&Z Commission’s comment, for property consisting of 116.74 acres, located on the south side of Lake Mary Boulevard, between Markham Woods Road and Heathrow Boulevard, as described in the proof of publication, Canin Associates/Ronald Manley; and authorize the Chairman to execute the documents, based on staff findings. 

     Under discussion and upon inquiry by Ms. DeBord, Commissioner Carey clarified that the motion includes approval of the text amendment that is in the ordinance itself. 

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

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     The Chairman recessed the meeting at 4:04 p.m., reconvening it at 4:11 p.m., this same date. 

COUNTY MANAGER’S CONSENT AGENDA, CONTINUED

     Director of Fiscal Services, Lisa Spriggs, addressed the Board to discuss the 2007 Millage Rate Analysis summary sheet (copy received & filed).  She recommended the Board consider setting the tentative proposed millage at the current rate so that the Board can have some flexibility during the Budget Work Sessions next week. 

     Upon inquiry by the Chairman, Ms. Spriggs advised the property tax reform impact to the County for the first year is $27 million and $44 million for the second year. 

     Motion by Commissioner Carey, seconded by Commissioner McLean to approve the tentative proposed millage rate at the current level to be included on the Truth in Millage (TRIM) notifications at the maximum millage rates, per Statutes that can be levied by majority vote of the Board; and authorize staff to schedule and advertise two public hearings for the adoption of the tentative and final millage levy and budget for Fiscal Year 2007/08. 

     Under discussion, Commissioner Van Der Weide stated he does not think it’s a good idea to set the millage at the current rate, because citizens are expecting a reduction in property tax and they will see an increase.  He suggested going with something between rollback and the current rates.  Discussion ensued. 

     Commissioner Carey withdrew the motion at this time in order to allow the County Manager and Ms. Spriggs an opportunity to come back with a recommendation. 

REGULAR AGENDA, CONTINUED

     DCM, Don Fisher, distributed a revised agreement (copy received & filed) between Seminole County and the City of Oviedo regarding Shane Kelley Park/Winter Miles and discussed same with the Board.  He stated included in the agreement is that all City matching funds used for the project shall be from their general fund and not from grants or other funding sources. 

     Upon inquiry by Commissioner Carey, Mr. Fisher advised the master plan is not attached to the agreement.  Discussion ensued. 

     Commissioner Carey stated the City adopted a master plan and the County knows what they want to happen for their money.  She said if it does not take all the $250,000 committed by the County to accomplish what is on the list, then she wants the remainder to be used on things in the master plan.  That is the reason she wants the plan attached to the agreement. 

     Commissioner Dallari suggested bringing this agreement back in two weeks. 

     Upon inquiry by Commissioner Carey, County Engineer, Jerry McCollum, advised if they don’t run into any muck, the parking should be done under the $250,000. 

     The Board continued discussion of this item until later in the meeting in order to give staff an opportunity to incorporate revised language. 

CONSENT AGENDA, CONTINUED

     Discussion ensued with regard to setting millage rates for the TRIM notification, with Ms. Coto recommending that the Board establish the rate at rollback.  She said this will still give the Board some flexibility at the budget work sessions. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to approve tentative proposed millage rates at rollback to be included on the Truth in Millage (TRIM) notifications at the maximum millage rates per statues that can be levied by majority vote of the Board; and authorize staff to schedule and advertise two public hearings for the adoption of the tentative and final millage levy budget for Fiscal Year 2007/2008. 

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

LEGISLATIVE UPDATE

     Assistant County Manager, April Boswell, addressed the Board to advise research indicates that public funds can be used to educate the public regarding referenda.  She requested direction from the Board with regard to the Federal Lobbyist.  She said the deadline for renewal is August 1st. 

     The Board agreed to allow the contract to be renewed, but noted that a 30-day termination provision can be utilized if necessary. 

REGULAR AGENDA, CONTINUED

     Further discussion ensued with regard to the Shane Kelley Park/Winter Miles agreement with the City of Oviedo. 

     Mr. Fisher proposed revised language on page 3, paragraph (f) of the agreement as follows:  “The City shall expend a minimum of $250,000 for the completion of the City’s approved master plan for Shane Kelley Park.  Funds from the City shall be from the City’s general fund and not from grants or other funding sources.”  Discussion ensued with regard to Section 15 (c). 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve and authorize the Chairman to execute the Second Amendment to the Seminole County and City of Oviedo Community Park (Shane Kelley Park), as shown on page _______, as amended under Section 15 (c) and subparagraph (f). 

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

CHAIRMAN’S REPORT

     Chairman Henley requested appointment of Curtis Gashlin to the Board of Adjustment, replacing Melanie Chase. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to appoint Curtis Gashlin to fill an unexpired term on the Board of Adjustment for a term ending January 1, 2009. 

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

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     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-133, as shown on page _______, commending Melanie Chase for her services on the Board of Adjustment. 

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

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     Chairman Henley requested appointment of David Volper to the Disability Advisory Board. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to appoint David Volper to fill an unexpired term on the Seminole County Disability Advisory Board for a term ending January, 2009; and adopt appropriate Resolution #2007-R-134, as shown on page _______, commending Erica Kosares for her service on the Disability Advisory Board. 

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

COMMUNICATIONS AND/OR REPORTS

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

 1.  Letter dated 6/25/07 to Chairman from Barbara Lipscomb, City Manager-City of Casselberry, re: Joint Planning Agreement and voluntary annexation petitions.

 

 2.  Memorandum dated 6/27/06 to BCC from Cynthia Coto, Co. Manager, re: Acting Co. Manager during time away from office. 

 

 3.  Letter dated 6/28/07 to Property Owners from City of Oviedo re: Notice of Special Exception Use Order Public Hearing on July 16, 2007.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

 4.  Copy of letter dated 6/29/07 to Ray Valdes, Tax Collector, (with attachments) from Chairman re: Voting delegate designation at upcoming National Association of Counties annual conference.

 

 5.  Memorandum dated 6/22/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. records. 

 

 6.  Memorandum dated 6/28/07 to Sandy McCann, Supervisor-Co. Commission Records Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co. records.

 

 7.  Letter dated 6/27/07 to BCC (with attachments) from Sandra Smith, Chief Planner-City of Casselberry, re: Voluntary annexation request public hearing on July 23, 2007.  (cc:  Co. Attorney, Planning & Development Director)

 

 8.  Copy of letter dated 6/28/07 to Phil Laurien, Executive Director-East Central Florida Regional Planning Council, from Dori DeBord, Planning & Development Director, re: Transmittal of Bubble Map for Seminole Co.

 

 9.  Letter dated 6/26/07 to Chairman (with attachment) from Jonathan Rich, Director-The Millennium Rowing Association, Inc., re: Concerns of public access at Lake Howell.  (cc:  BCC, Co. Manager, Deputy Co. Manager)

 

10.  Letter dated 6/27/07 to Chairman (with attachment) from Bob Musser, Chairman-Friends of Lake Howell, re:  Request for public hearing regarding the proposed public boat ramp.  (cc:  BCC, Co. Manager)

 

11.  Copy of letter dated 6/26/07 to Mayor Linda Kuhn, City of Sanford, from Chairman re: Support of the YouthBuild Program. 

 

12.  Letter dated 6/28/07 to Chairman (with attachment) from David Johnson, Seminole Co. Property Appraiser, re: Values for the Unincorporated Stormwater Management taxing jurisdiction.

 

13.  Letter dated 6/28/07 to Chairman (with attachment) from David Johnson, Seminole Co. Property Appraiser, re: Values for the Seminole Co. Fire District taxing jurisdiction.

 

14.  Letter dated 6/28/07 to Chairman (with attachment) from David Johnson, Seminole Co. Property Appraiser, re: Values for the Road Improvement District taxing jurisdiction.

 

15.  Letter dated 6/28/07 to Chairman (with attachment) from David Johnson, Seminole Co. Property Appraiser, re: Values for Seminole Co. taxing jurisdiction.

 

16.  Memorandum dated 05/30/07 to BCC from Cindy Coto, Co. Manager, re: Capital equipment substitution.

 

17.  Copy of letter dated 7/12/07 to David Johnson, Seminole Co. Property Appraiser, (with attachment) from Cathy Collins, Budget Supervisor-Fla. Department of Revenue, re: Budget information.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Fiscal Services Director)

 

18.  Letter dated 7/13/07 to Chairman (with attachment) from Michael Towers for Oakwood Construction and Development re: 131 Longwood Hills Road Final Master Plan and Left Hand Turn Lane.  (cc:  Co. Manager, Deputy Co. Manager, Planning & Development Director, Development Review Manager)

 

19.  Letter dated 6/19/07 to Chairman (with attachments) from Major David Diggs, Department of Corrections, Seminole Co. Sheriff’s Office, re: Recent annual 2007 Florida Model Jail Standards Inspection report.

 

20.  Copy of letter dated 7/12/07 to Barbara Lipscomb, Manager-City of Casselberry, from Cynthia Coto, Co. Manager, re: Casselberry Annexation issues.

 

21.  Copy of letter dated 7/10/07 to Barbara Lipscomb, Manager, City of Casselberry, from Richard & Amanda Paul re: Casselberry Annexation Agreement.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Attorney)

 

22.  Letter dated 7/10/07 to Chairman from Jerry Pierce, President-Central Florida Veterans, Inc., re: Support for commuter rail with inclusion of a station at the new VA Medical Center.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Public Works Director, Co. Engineer, Community Services Director)

 

23.  Letter dated 7/11/07 to BCC from Stanley Stevens, Chuluota, re: Canoe launch on the Little Big Econ River.  (cc:  Co. Manager, Deputy Co. Manager, Leisure Services)

 

24.  Letter undated to Property Owner from Ross Robert, Chairman-Sanford Planning and Zoning Commission, re: Notice of public hearing to consider rezone on July 19, 2007.  (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Manager)

 

25.  Letter dated 6/30/07 to Chairman (with attachments) from John Saboor, President and Keith Station, Seminole Co. Sports Marketing Manager-Central Florida Sports Commission, re: Recent events in June and May activities report.

 

26.  Notice and agenda for Seminole Co. Port Authority meeting on July 18, 2007.

 

27.  Copy of letter dated 7/10/07 to Patricia Whatley, Tajiri Arts, (with original correspondence attached) from Chairman re: Appearance before the BCC.

 

28.  Fully signed letter dated 6/27/07 to Thomas Walters, Mayor-City of Oviedo, from Chairman re: CRA Deadline Extension.

 

29.  Copy of letter dated 7/09/07 to Emily McCarthy from Joe Gasparini, Parks & Recreation Manager, re: Appreciation for recent donation.

 

30.  Copy of letters of various dates from Tad Stone, Director, Public Safety, re: Appreciation for recent donations to the following:  Gloria Macdonald; Harold Gaye; Joseph & Lynette Rogers; Bill Barnett & Roxanne Boone; Faye Holmes; Lorraine Cerulli; Joseph Ragno; Robert Weinberg; Caroline McGaughey; Cheryl Arbutine; Jerry & Donna Nelson; Georgia Daigle; and Carrie Sickler.

 

31.  Letter dated 7/19/07 to Chairman from Diane Pickett Culpepper, Bright House, re: Additional services and changes for Bright House Networks customers.

 

32.  Memorandum dated 7/20/07 to BCC and Cynthia Coto, Co. Manager, from Jerry McCollum, Co. Engineer, re: International Parkway Small Scale Land Use Amendment.

 

33.  Letter dated 7/19/07 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Seminole County’s share of Property Appraiser budget.  (cc:  BCC, Co. Manager, Deputy Co. Manager)

 

34.  Letter dated 7/19/07 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Seminole County’s Unincorporated Road District Share of Property Appraiser budget.  (cc:  BCC, Co. Manager, Deputy Co. Manager)

 

35.  Letter dated 7/19/07 to Chairman from David Johnson, Seminole Co. Property Appraiser, re: Seminole County’s Fire District share of Property Appraiser budget.  (cc:  BCC, Co. Manager, Deputy Co. Manager)

 

36.  Copy of letter dated 7/18/07 to Ron McLemore, City Manager-Winter Springs, from Cynthia Coto, Co. Manager, re: Dyson Drive Sidewalk project.

 

37.  Letter dated 7/16/07 to Chairman from John Hitt, President-University of Central Florida, re: Support for commuter rail and accompanying stop at Lake Nona.  (cc:  BCC, Co. Manager, Deputy Co. Manager, Co. Engineer)

 

38.  Letter dated 7/13/07 to Chairman from Jacob Stuart, President-Orlando Regional Chamber of Commerce, re: Support for commuter rail and stop at Lake Nona area.  (cc:  Co. Manager, Deputy Co. Manager, Co. Engineer)

 

39.  2006 Annual Report-Orange County Housing Finance Authority.

 

40.  Copy of letter dated 7/16/07 to Frank Forte from Bryan Nipe, Streetscapes & Trails Manager, re: Appreciation for recent donation.

 

41.  Copy or letters dated 7/12/07 from Tad Stone, Director of Public Safety, re: Appreciation for recent donations to the following:  Invisible Fence of Mid Florida; Larry & Connie Anhalt; Sally Jones; Barbara Hoffman; Margaret Weiss; Paw Paws Pet Sitting; Elisabeth Pringle; State Farm Orlando Operations Center; Nancy Blattner; Janice Heilman; Dylan Geraci; and Melanie Zapitz.

 

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Carey reported that she and the firefighters conducted a clean-up on the Wekiva River from Wilson’s Landing to Katie’s Landing. 

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     Commissioner Carey advised she attended the dedication and Grand Opening of the newly renovated Men’s Shelter for the Rescue Outreach Mission of Sanford.  She stated Richard Burke extended his thanks to the Board for its support. 

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     Commissioner Carey stated she recently attended the 2007 National Association of County Officials in Richmond, Virginia, and brought back materials for staff on Green Building Initiatives, information on Jail Facilities and Overcrowding, and some interesting data on the NACo Prescription Drug Discount Program for the uninsured or under-insured.  She said this program could be made available to any Seminole County cities and she requested the County Manager review same. 

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     Commissioner Carey distributed a copy of an article (not received & filed) that was in the Success in Seminole Magazine regarding redevelopment in the 17-92 Corridor. 

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     Commissioner Dallari reported that the Chuluota Retrofit Project (1st Street stormwater collection, outfall system, sidewalks and driveway aprons) has been completed.  Plans are complete to begin on 2nd, 3rd, and 4th Streets. 

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     Commissioner Dallari advised the Willa Grove wall has been completed. 

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     Commissioner Dallari stated the Florida Attorney General will be intervening in the Aqua Utilities, Inc. issue regarding the rate structure in Chuluota. 

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     Commissioner Dallari advised he attended the EDC meeting in San Diego and would like to bring the information back as a Briefing item at a later date. 

     Chairman Henley requested the County Manager schedule the Briefing for same. 

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     Motion by Commissioner McLean, seconded by Commissioner Dallari to appoint Lynetta Evette White to the Seminole County Disability Advisory Board to finish out Paul Hutsko’s term ending January 1, 2009. 

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

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     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-135, as shown on page _______, commending Paul Hutsko for his service on the Seminole County Disability Advisory Board. 

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

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to appoint Richard Moseley to the Seminole County Contractor Examiners Board for a one-year term, ending January 1, 2008. 

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

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     Commissioner McLean announced that Money Magazine chose the City of Lake Mary as the number 4 best small city to live in in the Country. 

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     Commissioner McLean advised September 8 will the first day of the Helen Stairs Theatre’s Fall season and a ceremony will be held for “Seminole County Day” where they will be thanking the BCC for their funding. 

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     Commissioner Van Der Weide requested the Board allow the County Manager, County Attorney, and him to come up with a name for the 501(c)3 organization for the Memorial Fund.  The Board voiced no objections. 

COUNTY MANAGER’S REPORT

     Ms. Coto asked for direction with regard to the BCC meetings in November and December. 

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to schedule the following BCC meetings:  November 13 – regular Board meeting; November 27 – Reorganization meeting; and December 11 – regular Board meeting. 

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

COUNTY ATTORNEY’S REPORT

     County Attorney, Robert McMillan, reported on the Anchor Road annexation proposal by the City of Casselberry.  He said the City continued the annexation discussion until the second meeting in August. 

     Assistant County Attorney, Guy Minter, addressed the Board to advise the City is proposing a small joint planning agreement at this time because they are afraid they will lose the developer. 

     Ms. Coto stated she does not believe even a small JPA can be done in 30 days. 

     Chairman Henley instructed staff to meet with the City of Casselberry to identify the description of the small study area for the JPA and to report back to the Board. 

ITEMS FOR FUTURE AGENDA

     Alice Demorest, 2950 Pine Knob Lane, Geneva, addressed the Board to distribute information (copy received & filed) on the new law passed by the Legislature regarding ATV’s.  She discussed the dangers of ATV’s and the “opt out” clause for counties included in the law. 

     County Attorney, Robert McMillan, advised the Board has addressed this issue twice and the Sheriff has said he does not think it is a problem.  He said he can check with him again. 

     The Board agreed to have the County Manager contact the Sheriff and invite him to attend a Briefing to discuss this issue. 

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:50 p.m., this same date. 

 

 

ATTEST_______________________Clerk_____________________Chairman

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