BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

OCTOBER 12, 2010

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, October 12, 2010, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Bob Dallari (District 1)

     Vice Chairman Brenda Carey (District 5)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     Acting County Manager Joe Forte

     County Attorney Robert McMillan

     Deputy Clerk Jane Spencer

 

     Absent:  Commissioner Mike McLean (District 2)

 

     Pastor David Hogg, New Covenant Assembly of God Church, Casselberry, gave the Invocation.

     Commissioner Van Der Weide led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2010-R-208, as shown on page ________, proclaiming October as “National Disabilities Awareness Month.”

     Districts 1, 3, 4 and 5 voted AYE. 

     Commissioner Carey presented the Resolution to Jim Berko, Seminole Behavioral Healthcare, who addressed the Board to express his appreciation to the Commissioners for their ongoing support.

 

 

COUNTY MANAGER’S CONSENT AGENDA

     Acting County Manager Joe Forte advised that Item #18, Resolution implementing BAR #11-03 through the Public Safety Grant and Fire Protection Funds, is being pulled from the agenda and will be brought back at another meeting.  He advised that Item #29, Request for Reduction of Code Enforcement Lien; Item #30, Special Event Permit; and Item #31, Revised Oviedo Community Redevelopment Agency Delegation of Authority, are being pulled from the agenda by staff.   

Chairman Dallari requested Item #2, RFP-600909-10/GMG Term Contract for Utility Rate Studies, be pulled from the agenda and rescheduled after the Environmental Services Work Session.  No objections were voiced.

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

     County Manager’s Office

Purchasing & Contracts Division

 2. Pulled from the agenda request to award RFP-600909-10/GMG- Term Contract for Utility Rate Studies for Water, Wastewater and Solid Waste Divisions to Burton & Associates, St. Augustine, Florida.

 3. Award IFB-600920-10/TLR - Term Contract for Record Retention Services to Recall Corp., Orlando and authorize the Purchasing and Contracts Division to negotiate the final agreement including the acceptance of the solution presented by Recall Corp. 

 4. Award RFP-600991-10/BJC - Employee Benefits: Voluntary Cancer Plan to American Heritage Life Insurance Co./Professional Benefits - AllState, Jacksonville; and Voluntary Short Term Disability (Group Plan Two (2)), as shown on page _______, to The Standard, Tampa.

 

Central Services

Support Services Division

5.  Approve request to declare surplus a Seminole County-owned 1.97 acre vacant lot, Parcel # 32-19-30-501-0000-010D, on Rinehart Road, Sanford, using the appraised value of $131,500 as the minimum bid.

 

Community Services

Community Assistance Division

 6.  Approve and authorize the Chairman to execute the Neighborhood Stabilization Program Rental Property Donation and Acceptance Tri-Party Agreement, as shown on page _______, among Seminole County, Clarkson Concepts, Inc. and Milestone Social Services, Inc.

 7.  Termination, as shown on page _______, of the Seminole County - Golden Rule Housing and Community Development Corporation/Keep Your Castle, LLC SHIP Program Senior Citizen Development Subrecipient Agreement and authorize the Director or her designee to send official notice thereof to the breaching parties.

 8.  Approve and authorize the Chairman to execute the Satisfactions of Second Mortgage, as shown on page _______, for the following households assisted under the County's Home Ownership Assistance Program or the Emergency Repair Housing Program:  Marko and Elizabeth Brletic; Mabel DeJesus; Glen William Denman; Tina R. Jackson; Martha Jarrells; Alice Walsh; Helen E. White; and Cathy D. Williams.

 

Environmental Services

Business Office

 9.  Approve the Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service for the project known as Howell Branch Cove.

Solid Waste Management

10.  Approve and authorize the Chairman to execute Certificate of Public Convenience and Necessity, as shown on page _______, for SP Recycling Corp.

11.  Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Services with Veolia ES Solid Waste Southeast, Inc., from October 1, 2010 to September 30, 2011.

12.  Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Services with Haul Away Harry's from October 1, 2010 to September 30, 2011.

 

Fiscal Services

Business Office

13.  Approve and authorize the Chairman to execute appropriate Resolution 2010-R-209, as shown on page _______, approving the Kansas Development Finance Authority’s issuance of revenue bonds in an amount not exceeding $11,900,000 for improvements to the Village on The Green life care community project in Seminole County.

14.  Approve and authorize the Chairman to execute a Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $5,554.00 through their Hazards Analysis Program.

Budget Division

15.  Approve and authorize the Chairman to execute appropriate Resolution 2010-R-210, as shown on page _______, implementing Budget Amendment Request (BAR) #10-104 in the amount of $540,626 in Fiscal Year 2009/10 to transfer $260,063 from the General Fund to the Arbor Violation Trust Fund and recognize current revenue of $20,500 for the Tree Replacement Program.

16.  Approve and authorize the Chairman to execute appropriate Resolution 2010-R-211, as shown on page _______, implementing Budget Amendment Request (BAR) #11-01 through various funds in the amount of $215,239,794 in order to carry forward available project funds from FY 2009/10 Budget to the FY 2010/11 Budget, and to execute an appropriate Resolution 2010-R-212, as shown on page _______,implementing Budget Amendment Request (BAR) #10-103 through various funds in the amount of $215,239,794 in order to remove from the FY 2009/10 Budget available project funding carried forward to the FY 2010/11 Budget. 

17.  Approve and authorize the Chairman to execute appropriate Resolution 2010-R-213, as shown on page _______, implementing Budget Amendment Request (BAR) #11-02 through the General Fund in the amount of $130,001 to appropriate grant funding for federal election activities.

18.  Pulled from the agenda request to approve a Resolution implementing Budget Amendment Request (BAR) #11-03 through the Public Safety Grant and Fire Protection Funds in the amount of $6,554 to allocate $5,554 from the Florida Division of Emergency Management’s Hazards Analysis Grant Program.

19.  Approve and authorize the Chairman to execute appropriate Resolution 2010-R-214, as shown on page _______, implementing Budget Amendment Request (BAR) #11-07 through the Public Safety Grants Fund in the amount of $244,125 to appropriate funds from the Federal Emergency Management Agency’s (FEMA) Flood Mitigation Assistance Program.

 

Growth Management

Planning & Development Division

20.  Authorize the release of Performance Bond #929460132 for Wekiva Landings Subdivision in the amount of $60,458.20 as requested by Lennar Homes, LLC.

21.  Approve and authorize the Chairman to execute the final plat for the Brooks Landing Subdivision, located on the south side of Red Bug Lake Road, at the corner of Red Bug Lake Road and Pine Bark Point, east of Brooks Lane, in Section 19, Township 21 South, Range 31 East. (MI Homes of Orlando, LLC)

 

Leisure Services

Greenways & Natural Lands Division

22.  Approve and authorize the Chairman to execute Agreements, as shown on page _______, with the Cities of Altamonte Springs, Casselberry and Sanford for Project Funding out of the Boater Improvement Program.

Parks & Recreation Division

23.  Approve and authorize the Chairman to execute the Facility Use Agreement, as shown on page _______, with Florida Youth Programs for Cheerleading and Martial Arts Programs at Red Bug Lake Park and Sylvan Lake Park.

 

Public Safety

Business Office

24.  Approve and authorize the Chairman to execute the Memorandum of Agreement (MOA), as shown on page _______, for participating Orlando Urban Areas Security Initiative (UASI) agencies with the Orange County Sheriff's Office and other participating UASI agencies.

 

Public Works

Engineering Division

25.  Adopt appropriate Resolution 2010-R-215, as shown on page _______, and authorize the Chairman to execute a Supplemental Agreement Number 1, as shown on page _______, in conjunction with the Local Agency Program Agreement to facilitate the construction of sidewalks along Alpine Street, Ridgewood Street and Palm Springs Drive (FDOT-FPN: 422572-1-58-01).

26.  Adopt appropriate Resolution 2010-R-216, as shown on page _______, and authorize the Chairman to execute a Transportation Regional Incentive Program Agreement, as shown on page _______, with the State of Florida Department of Transportation for the addition of a flyover to Red Bug Lake Road, widening from six to eight lanes on State Road 436 from Wilshire Boulevard to Lake Howell Road, and resurfacing of State Road 436/Semoran Boulevard from west of Oxford Road to west of Wilshire Boulevard. (FDOT - Financial Management Numbers 419369-1-58-01/02 and 422707-1-58-01)

27.  Approve and authorize the Chairman to execute a Consent of Grantee, as shown on page _______, in conjunction with a Quit-Claim Deed, as shown on page _______, from St. Johns River Water Management District (SJRWMD) to Seminole County for a 10-acre Site for the development of the Cassel Creek Stormwater Management and Investigation Facility. 

 

Districts 1, 3, 4 and 5 voted AYE.

 

Constitutional Officers’ Consent Agenda

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

Clerk’s Office

28.  Approval of Expenditure Approval Lists, as shown on page _______, dated September 7, 13 and 20, 2010; and Payroll Approval List, as shown on page _______, dated September 16, 2010; approval of BCC Official Minutes dated September 15, 2010.

 

Districts 1, 3, 4 and 5 voted AYE.

 

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     The Board noted, for information only, the following Clerk's "received and filed":

1.     Assignment, as shown on page _______, of Consultant Services Agreement and Work Orders for PS-1529-06, AECOM USA, Inc.

 

2.     Assignment, as shown on page _______, of Continuing Consultant Services Agreement for PS-5173-04, AECOM USA, Inc.

 

3.     Assignment, as shown on page _______, of Engineering Services and Work Orders for PS-5192-05, AECOM USA, Inc.

 

4.     Assignment, as shown on page _______, of Consultant Services Agreement and Work Orders for PS-5185-05, AECOM USA, Inc.

 

5.     Papa Murphy’s Take ‘N’ Bake Pizza Sponsorship Agreement, as shown on page _______,GZR Rock, LLC.

 

6.     Assistant and Associate Tennis Pro Agreement, as shown on page _______, Amy Smith.

 

7.     Work Order #81, as shown on page _______, to PS-1074-06.

 

8.     Closeout, as shown on page _______, for Work Order #46 to CC-1075-06.

 

9.     Work Orders #48 and #49, as shown on page _______, to RFP-4277-09.

 

10.    Closeout, as shown on page _______, for CC-4864-09.

 

11.    Amendment #2, as shown on page _______, to Work Order #29 to PS-1529-06.

 

12.    Amendment #1, as shown on page _______, to Work Order #30 to PS-1529-06.

 

13.    Notice of Proposed Agency Action Order Amending Territorial Agreement, Florida Public Service Commission.

 

14.    Training Provider Agreement, as shown on page _______, New England Institute of Technology at Palm Beach, Inc.

 

15.    Closeout, as shown on page _______, for Work Order #37 to CC-1284-06.

 

16.    Amendment #1, as shown on page _______, to Work Order #4 to PS-1666-07.

 

17.    Amendment #1, as shown on page _______, to Work Order #9 to RFP-3261-08.

 

18.    Work Order #44, as shown on page _______, to CC-1284-06.

 

19.    Amendment #2, as shown on page _______, to Work Order #93 to PS-5150-03.

 

20.    Change Order #20, as shown on page _______, to RFP-0613-06.

 

21.    Change Order #4, as shown on page _______, to CC-4626-09.

 

22.    Change Order #2, as shown on page _______, to Work Order #19 to CC-2184-07.

 

23.    Amendment #1, as shown on page _______, to Work Order #5 to PS-2051-07.

 

24.    Amendment #1, as shown on page _______, to Work Order #1 to PS-2404-07.

 

25.    Amendment #1, as shown on page _______, to Work Order #42 to RFP-0225-05.

 

26.    Work Order #10, as shown on page _______, to RFP-3261-

08.

 

27.    Closeout, as shown on page _______, for CC-5750-10.

 

28.    Work Order #57, as shown on page _______, to CC-1741-

07.

 

29.    Amendment #1, as shown on page _______, to Work Order

#4 to PS-0984-06.

 

30.    Change Order #2, as shown on page _______, to CC-5018-

09.

 

31.    Change Order #3, as shown on page _______, to CC-3709-

08.

 

32.    Work Order #6, as shown on page _______, to PS-1742-

07.

 

33.    Letter to Florida Department of Community Affairs relating to Transmittal of Adopted Small Scale Future Land Use Amendments for Englewoods Trail SSLUA and Jorgensen SSLUA & Rezone (Approved by BCC on March 23, 2010); and SR 436 SSLUA & Rezone (Approved by BCC on May 11, 2010).

 

34.    Work Order #12, as shown on page _______, to PS-3914-08.

 

35.    RFP-600895 Agreement, as shown on page _______, for Promotional Assessment Testing Process for Ranks of Battalion Chief and Lieutenant, CPS Human Resource Services.

 

36.    Drainage Easement, as shown on page _______, for Henry Byrd.

 

37.    Amendments #2, as shown on page _______, to RFP-4277-09, Resale - Clarkson; Rental - Miller; Resale - Ruby Builders; Resale – Woodard Const.; Rental – Clarkson; and Resale – Miller.

 

38.    Amendment #2, as shown on page _______, to Work Order #4 to PS-0984-06.

 

39.    Amendment #2, as shown on page _______, to Work Order #22 to PS-5175-04.

 

40.    Amendments #2, as shown on page _______, to Work Orders #69 and #70 to RFP-4214-04.

 

41.    Amendment #1, as shown on page _______, to Work Order #6 to M-5004-09.

 

42.    M-601003-10 Miscellaneous Contract, as shown on page _______, for Sole Source EZ-IO Needle Set, Sovereign Medical, LLC.

 

43.    Work Order #45, as shown on page _______, to CC-1284-06.

 

44.    Assistant and Associate Tennis Pro Agreement, as shown on page _______, for Kyle McCully.

 

45.    Sponsorship Agreement, as shown on page _______, with Dr. Erik Roach, D.C.

 

46.    Amendment, as shown on page _______, to Conditional Utility Agreements for Water and Sewer Service, Ligonier Ministries, Inc.

 

47.    Amendment #2, as shown on page _______, to IFB-600591-09.

 

48.    Change Order #2, as shown on page _______, to CC-4259-09.

 

49.    Change Order #5, as shown on page _______, to Work Order #39 to CC-1075-06.

 

50.    IFB-600966-10 Contract, as shown on page _______, for Fuel Storage Tank Inspection and Repair, Petroleum Equipment Construction, Inc.

 

51.    Work Order #50, as shown on page _______, to RFP-4277-09.

 

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

 

53.    Addendum #1, as shown on page _______, to Greenway South PUD DCA.

 

54.    Amendment #2, as shown on page _______, to PS-5175-04.

 

55.    Development Orders, as shown on page _______, as follows:  #10-32000010, Richard Russoniello; #10-3200011, Seminole County BCC; #10-3000039, James McLellan; #10-3000049, Noah Garrett; #10-30000051, Ronald & Cynthia Strickland; #10-30000052, David & Linda Ebert; #10-30000053, J. Russell & Andrea Hamlin; #10-30000054, Thomas & Josephine Silvey; #10-30000055, Kevin Wynne; #10-3000056, Phillip Sowden; #10-30000057, Daniel Bergondy; #10-30000058, Elizabeth Fonseca; #10-3000059, Leonard Janvier; #10-3000061, Arnot and Anne Berresford; #10-30000064, John Bready, II; #10-30000065, Jan Hartle; #10-30000066, Thomas & Georgia Connelly; #10-30000067, Stephen Carnes; #10-30000069, Calvin & Madelyn Collins; #10-30000070, Richard Hernandez & Mary Hoyt; #10-30000071, Motor Car Concepts II; #10-3000072, Jennifer Hanson; #10-30000073, Roy & Marilyn Raymond; #10-3000074, Antonio Holley; #10-30000075, Terry Blow & Josette Duncan; #10-30000076 Elizabeth Castilo & David Attard; #10-3100007, Frederick Lenz; #10-3100006, Mary Consolato; and #10-3100004, Frederick Lenz.

 

56.    Release of Lien, as shown on page _______, for Hector Arteaga, Case #08-71-CEB, approved by the Board on July 27, 2010.

 

57.    Parks Contracts, as shown on page _______. for Colleen Puglisi; Daniele Salles; Branden Logsdon; Deborah McMillan; and Mark Thaens.

 

58.    Amendment #2, as shown on page _______, to Work Order #62 to RFP-4214-04.

 

59.    RFP-600916-10 Term Contract, as shown on page _______, for Pavement Management Data Collection Services, Southeastern Surveying.

 

60.    Bids as follows:  RFP-600991-10; RFQ-600974-10; RFQ-600978-10; RFP-5751-10 and CC-5909-10.

 

REGULAR AGENDA

Mr. Forte advised that Item #29, a Request for reduction of Code Enforcement Board Lien which totals $9,000 for Case #09-145-CEB on the property located at 1221 John Lord Street, Sanford, Jeffrey S. Barton (previous owner), Deutsche Bank National Trust (current owner) is being postponed until November 9. 

Commissioner Carey voiced a concern in having numerous continuances and asked if there is a policy in place that addresses the number of times a continuance can be requested. 

County Attorney, Robert McMillan, advised that the continuance policy is for public hearings, which this is not; and therefore, there is really no policy.  A discussion ensued concerning the continuance policy for public hearings. 

Mr. McMillan discussed with the Board when his office received this request for the continuance and the reasons given for the request.  Commissioner Carey stated that she does not want to see these cases continually prolonged and that Deutsche Bank has a history of not keeping their properties in compliance which affects neighborhoods. 

Mr. McMillan stated that if the Board decides to continue the case, he can let the applicant know that this will be the last continuance.  Commissioner Carey stated she would agree to that.

There was a consensus by the Board to let the property owner, Deutsche Bank, know that this would be the last time this matter would be continued.

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A Special Event Permit for a Halloween Party to be held on October 30, 2010 through October 31, 2010 at the Colonial Townpark, located northeast of the intersection of CR 46A and International Parkway, Colonial Properties Trust, was presented.  Chairman Dallari asked if the applicant no longer planned on having outdoor amplification.  Discussion ensued.

Senior Planner, Ian Sikonia, addressed the Board to state that the applicant was no longer going to have a stage with a D.J. playing records.

Upon inquiry by Mr. McMillan, Mr. Sikonia advised that there probably would be spooky music and spooky noises.  He further stated he is not sure whether or not it will be to the extent that it violates the County’s noise ordinance.  Mr. Sikonia explained County Code 185 requires a permit for a musical event that is not within an enclosed space.

Discussion ensued regarding the permit application fee.

Chairman Dallari suggested the permit application fee be refunded. 

Motion by Commissioner Carey, seconded by Commissioner Henley, to refund the application fee for the Special Event Permit for a Halloween Party to be held on October 30, 2010 through October 31, 2010 at the Colonial Townpark, located northeast of the intersection of CR 46A and International Parkway, Colonial Properties Trust.

Districts 1, 3, 4 and 5 voted AYE.

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Mr. Forte stated that Item #31, Revised Oviedo Community Redevelopment Agency (CRA) Delegation of Authority, is being pulled from the agenda until October 26, 2010.

COUNTY MANAGER’S BRIEFING

 

Cj Cummings, Project Manager, addressed the Board to discuss credit card acceptance throughout the County.  She discussed the results of an RFI (Request for Information) that was done to investigate the possibility of doing an integrated on-line credit/debit card acceptance program for all departments within the County.  Since the results revealed that this was not something that would be fiscally feasible for the County to move ahead with, her group began to investigate doing point-of-sale and some on-line processing, the policies involved and the cost for the County to do all of the different parts. 

Ms. Cummings advised that the result of this investigation is the first part of the whole policy and that the investigation, with the Board’s permission, needs to continue.  She stated that they have some estimates of how much it is going to cost to have an integrated point-of-sale system and some on-line systems for selective departments, but work needs to be done with the Clerk of the Court to move forward in terms of how much surcharges will be for using those credit cards and how much the actual cost would be dependent upon the Clerk's negotiation with Wachovia.

Maryanne Morse, Clerk of the Court, addressed the Board to state that this is a good start.  She further stated she believes two big issues to be addressed by the Commission in a generic format are (1) that they approve the concept of doing both point-of-sale (POS) and Internet credit card applications; and (2) they have a willingness to adopt a convenience fee which will be established at a later point.  It would be a convenience fee across the board for all departments using either POS or Internet sale.

Commissioner Carey stated after reading through the information provided, she believes the policy still needs some work.  She suggested the Board just approve the vendor, and let the Clerk negotiate to get the best rate.  The matter can then come back to the Board at a later time, when the rates are known, and the Board can adopt the policy after it is fine-tuned.

Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and authorize credit card acceptance through a combination of Wachovia/Wells Fargo's merchant provider, Elavon, and purchasing the additional modules for some department-specific applications.

Districts 1, 3, 4 and 5 voted AYE.

Ms. Morse suggested that the concept of whether or not a convenience fee will be charged needs to be adopted by the Board to allow her to go forward with the negotiations.  She added that the fee doesn't have to be set yet, only approval of the concept.

Upon inquiry by Chairman Dallari for clarification of the motion, Commissioner Carey stated that was her intent and Commissioner Van Der Weide agreed.   

COUNTY ATTORNEY’S BRIEFING

     Mr. McMillan updated the Board as to the case of Kennedy vs. St. Johns River Water Management District (SJRWMD), one of the multiple challenges to the Yankee Lake permit.  He advised the County had prevailed regarding the Sunshine issues, but that it could be appealed.

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     Mr. McMillan updated the Board concerning the Carillon rezoning issue.  He stated that various groups had filed briefs to get the 5th DCA to reconsider their ruling, to certify the case to the Supreme Court or to have the entire 5th DCA hear the case.  All three motions were denied.  He added there is still a separate pending case relative to a Chapter 163 challenge of Comp Plan consistency, but the hearings as to the zoning actions the Board took are now final.

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     The Chairman recessed the meeting at 9:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Clerk of Circuit Court Maryanne Morse being absent), with the exception of Deputy Clerk Jane Spencer, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

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     Chairman Dallari announced that Commissioner McLean is absent due to a conflict with his work.

PROOFS OF PUBLICATION

     Motion by Commissioner Henley, 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, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

VACATE AND ABANDON/Gualmali Jaffer

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to vacate and abandon a 15-ft. wide portion of an unnamed platted, public right-of-way recorded in Plat Book 1, Page 106 in Section 23, Township 20S, Range 30E, Gualmali (Gulem) Jaffer, received and filed.

     Brian Walker, Growth Management, addressed the Board to state the subject right-of-way is not needed for public access and the proposed vacate will not hinder access to adjacent properties.  The applicant has provided letters from the applicable utilities companies indicating they have no objections to the request.  Staff recommends approval.

     Hugh Harling, Harling Locklin & Associates, addressed the Board to state he concurs with staff comments.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution #2010-R-217, as shown on page _________, vacating and abandoning a 15-ft. wide portion of an unnamed platted, public right-of-way recorded in Plat Book 1, Page 106 in Section 23, Township 20S, Range 30E, as described in the proof of publication, Gualmali (Gulem) Jaffer.

     Districts 1, 3, 4 and 5 voted AYE.

KENTUCKY SQUARE REZONE/Hugh Harling

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) on 27.6 acres, located at the intersection of Kentucky Street and Skyway Drive, Hugh Harling, received and filed.

     Joy Williams, Planning & Development, addressed the Board to advise the proposed request allows for 85 single-family residential units with a minimum lot size of 7,700 sq. ft. and a minimum width at building line of 70 ft.  She reviewed the land use and zoning designations of the surrounding properties.  The applicant is proposing a 75 ft. perimeter building setback along the east and 30 ft. perimeter building setback along the west and north.  The applicant is also proposing a 50 ft. landscape buffer along the eastern perimeter and a 10 ft. landscape buffer along the northern and western perimeter.  The applicant is proposing a decorative wall around the development.  The Planning & Zoning (P&Z) Commission recommended approval of the request.  Staff also recommends approval of the request.

     Hugh Harling stated he concurs with staff comments, and he has agreed with the District Commissioner’s recommendation to reduce the maximum number of lots from 85 to 80, which would be 2.89 density.  That will give them some flexibility in the final design with St. Johns River Water Management District (SJRWMD).  He stated there are new requirements for phosphorous removal that the SRJWMD has placed.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Ordinance #2010-21, as shown on page _________, rezoning from A-1 (Agriculture) to PUD (Planned Unit Development), approving Preliminary Master Plan and Development Order, as shown on page ________, as amended with 80 lots, on 27.6 acres located at the intersection of Kentucky Street and Skyway Drive, as described in the proof of publication, Hugh Harling, based on staff findings.

     Districts 1, 3, 4 and 5 voted AYE.

FINAL DESIGN FOR CR 419

     Proof of publication, as shown on page ________, calling for a public hearing to consider the Final Design for the widening of CR 419, from Snow Hill Road to the Orange County line, received and filed.

     Brett Blackadar, Principal Engineer, addressed the Board to introduce Mike Mohler, Infrastructure Engineers, Inc.  Mr. Mohler displayed a PowerPoint Presentation (received and filed) and reviewed the final design for widening CR 419.  He began by reviewing the Presentation Overview; the Meeting Purpose; and Why Study the Widening of CR 419.  He continued by reviewing the Traffic Volumes; Existing Traffic Volumes; the Projected or Future Traffic Volumes (No Build – Year 2035); Projected Traffic Volumes (Build – Year 2035); Intersection Signal Warrants Analysis; Design Alternatives for Southerly and Northerly Sections #1 (40’ Depressed Median) and #2 (22’ Raised Median); and Design Alternatives for Northerly and Southerly Sections 3 (19.5 Raised Median) and 4 (5-Lane Section with 2-way Center Turn Lane).  He continued by reviewing the Pond Sites; To Phase or Not to Phase Construction; Landscaping; Drainage Issues and their locations; Preferred Alternatives for the Northerly and Southerly Sections and how they were determined; and the Evaluation Matrix.  He stated staff’s preferred alternative is Alternative #1 with a 22’ raised median from the County line to Lake Mills Road, and 19.5 raised median from Lake Mills Road to Snow Hill Road.  He concluded by reviewing the Next Steps if this is approved.

     Upon inquiry by Chairman Dallari, Mr. Mohler advised they have reviewed the design standards of the rural area study which included Geneva, Chuluota and the Black Hammock Association; and he explained how they addressed those issues with this roadway.

     Mr. Mohler and Mr. Blackadar discussed with Commissioner Carey the raised median for Typical Section I, the concerns residents had relating to the speed limit, and why they chose the size of the travel lanes.

     Mr. Mohler discussed with Commissioner Henley what alternative the stakeholders preferred.

     Robert Mellor, 2535 South CR 419, addressed the Board to discuss the issue of widening CR 419 on Seminole County’s side and nothing happening on the Orange County’s side.  He said he has concerns with the existing driveways, fences and columns being moved when the road is widened and who is responsible for moving them.

     Mr. Blackadar stated anything that is built in the right-of-way will have to be relocated.  He said his firm will be discussing issues of who will be required to relocate them with the County Attorney’s office. 

     Mr. Blackadar informed Chairman Dallari that any stormwater created by the road will be addressed.  He added that only one driveway on Langford Road will be closed, but all other driveways will remain open.   

     Upon further inquiry by Chairman Dallari, Mr. Blackadar advised there are seven driveway cuts in the area of Lake Pickett Woods.

     Mr. Mohler informed Commissioner Henley that they will work with the County Attorney’s office to determine how they will handle the fences and gates that are within the existing right-of-way.  The entranceways to Lake Pickett Road will be impacted and that will be their biggest concern. 

     Commissioner Carey confirmed that staff will work through the issues with the community as best as they can.

     Anne Daves, 2621 South CR 419, addressed the Board to address her concerns with water drain off:  liability issues of people coming out of their driveways if a horse trail and sidewalks are added; with the high traffic volume, how will traffic be handled going from four lanes to two lanes into Orange County, and how is Orange County going to handle this as well. 

     Mr. Mohler explained how the transition will happen with Orange County.  He said it is not something that will be done in a short distance.

     Upon inquiry by Chairman Dallari, Mr. Mohler advised Orange County has widening of their section of CR 419 on their list, but they have no design or construction dollars or any right-of-way.  He informed Chairman Dallari that he is not recommending putting a horse trail in because of liability issues.

     Mr. Blackadar stated they have looked at it and they have decided that it was not something that would make sense to do it as part of this project.

     John Daves, 2621 South CR 419, addressed the Board to express his concerns relating to the huge concrete power poles on the southbound side, and if they are going further into the property on the northbound side. 

     Mr. Mohler stated the stakes that they placed will be the farthest limits where dirt will be turned.  The power poles and transition lines will not be moved and the distance of those power poles have been staked out.

     Jay Zimbower (phonetic), 127 Big Oak Bend, addressed the Board to state he does not desire to have this section of CR 419 widened.  He stated he feels that the section of CR 419 in the Oviedo area needs this money more than the area between Snowhill Road and the County line.  He stated he does not believe that the traffic count from Lake Mills Road to the County line warrants any four-laning at this time.  Orange County has no future plans to widen CR 419, and if this plan goes forward, there will be a bottleneck in Oviedo.  He requested the monies be redistributed to the sector in the Oviedo area.  He added a basin study for Chuluota stormwater runoff has not been done.  He asked the County to do a comprehensive study in the Chuluota area to protect the natural area before doing this project. 

     Discussion ensued relating to what point they are proposing to four lane towards Oviedo and what section has two lanes. 

     Mr. McMillan left the meeting at this time.

     Deborah Schafer, 1740 Brumley Road, addressed the Board to state she is representing the Chuluota Community Association. 

     Mr. McMillan reentered the meeting at this time.

     Ms. Schafer expressed concerns regarding why do they need to do this now; the design of the roadway is truly not rural in character and it is not what the community wants; speeding being a huge issue; and to look at the study further down the road.  She requested the Board’s consideration of not voting on this and shelving the study now to look at it in five or six years when things are different.

     Commissioner Henley stated this project has been funded by the Second Generation Tax and has been voted on countywide.  If the monies for this are diverted to other projects, there is no guarantee that they will be able to pass another test and that will be a big risk they will be taking.  If the projection for that road is correct, it might be many, many years before they can address the growth problems.

     Commissioner Van Der Weide stated in his opinion, he doesn’t think anyone knows more about this issue than the district commissioner.

     Upon inquiry by Commissioner Carey, Jerry McCollum, County Engineer, addressed the Board to state this project is on the Second Generation Sales Tax list of projects.  The other piece of CR 419 and SR 426 was a joint project with most of the costs being from Oviedo.  It is about $65 or $70 million short in terms of getting that project done.  There is a big chunk of money sitting somewhere that is necessary to do that project.  He stated the design is the limit of the capacity of the roadway, which means when they say 2035, that’s not when you need it but, they may need to look at it again for future widening.  He added he personally doesn’t think there will be any six lanes in that area. 

     Upon further inquiry by Commissioner Carey, Mr. McCollum advised Lockwood Blvd. to Snowhill Road was defined in the First Generation Sales Tax.  The Second Generation Sales Tax runs from Snowhill Road to the Orange County line.  There is another project in Oviedo that runs from Pine Street by the high school to Lockwood.

     Commissioner Carey stated in order to keep the rural character of the area, they would three lane it with turn lanes in the middle.  She asked if there is a need at this time to go all the way to the Orange County line.

     Mr. McCollum stated there is a problem with the traffic in the area now.  He said he can guarantee that they will need the road four-laned 25 years from now.  He stated Orange County has this on their list of projects.  He added he doesn’t think the need is going to go away.

     Upon inquiry by Commissioner Henley, Mr. Blackadar advised the projected budget allocated for this project is $5 million for right-of-way and $15 million for construction.

     Todd Russell addressed the Board to point out the speeding that is going on in that area, stormwater issues, police support, and his concerns with three-laning.

Discussion ensued relating to stormwater in the Chuluota area, the design speed, controlling the 45 mph speed limit, and the landscape median.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     Chairman Dallari commended the consulting firm and County staff for the work they have done on this project.  He said he personally feels that widening of this road is not needed at this time.  He added he feels that if the ˝-cent sales tax for schools passes, it will put a burden on their roads and he would like to see what will happen with that.  He said he believes the widening of this road will promote growth in the rural area and he is opposed to that.  There is going to be another issue once the road stops in Orange County.  He added he would like to see more coordination with Orange County to try to figure out how that can be better phased.  He said he supports not moving forward at this time.

     Commissioner Carey stated she believes a lot of the traffic turns down Snowhill Road to Geneva.  She asked if there was a no build, would any intersection improvements need to be done to take the traffic off CR 419 onto Snowhill Road.  Mr. Blackadar indicated that Snowhill Road is part of this project and dual laps would basically be added.  An additional receiving lane would be added to help that intersection out.

     Chairman Dallari stated he is not opposed to improving the intersection, but the rural area needs to be protected.  Discussion ensued.

     Mr. McCollum asked the Board to consider doing the design because if the design is done, then they can start establishing a corridor.  He stated if any future development comes in or they need to look at any stormwater issues, they would know where the ponds need to be.  

     Commissioner Carey stated if the east side of Orange County starts to develop, they may find that instead of going to four lanes they should have gone to six lanes.  She said she doesn’t have a problem postponing this for a year or so, but to go forward with the design not knowing what could be happening on the east side of Orange County would be crazy. 

     Mr. McCollum stated in most cases they have the right-of-way but they would have to buy basins.  He said on Lake Emma most of the right-of-ways relate to the ponds and every time they were ready to do something, they had to move the ponds.

     Mr. McMillan stated pond sites get developed and if they put off the project too long, the plan and acquisition will wind up with no available sites for the ponds.  Then they would end up having to do a more expensive drainage area.

     District Commissioner Dallari recommended not moving forward with the complete design of the road but move forward with design of the intersections from Snowhill Road to CR 419 only and keep the money earmarked for CR 419 through Chuluota. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to deny moving forward with the complete design of the road; authorize moving forward with design of the intersections from Snowhill Road to CR 419 only; keep the money earmarked for CR 419 through Chuluota; and authorize staff to bring the final design back in a year.

     Under discussion, Commissioner Henley stated he has great reservations that this is the best thing to do in the long run because they are getting good prices on the projects.  He added he feels the need is going to be there quicker than they think.

     Commissioner Carey stated unfortunately, she doesn’t think they can recover entirely from where they are now in a year, but she feels the pricing will probably be pretty favorable as well as land prices may even be better.

     Districts 1, 3, 4 and 5 voted AYE.

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     Chairman Dallari recessed the meeting at 2:42 p.m., reconvening it at 2:45 p.m.

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     Commissioner Carey recommended changing the posted speed limit on Item #35, Final Design of CR 419, to 45 mph.

     Chairman Dallari recommended that Mr. Forte look into that and bring it back to the Board to determine what they can do to help that issue.

CHAIRMAN’S REPORT

     Chairman Dallari stated he received a memo (received and filed) from Ray Valdes, Tax Collector, requesting authorization to begin collection of the 2010 tax roll prior to the completion of the Value Adjustment Board hearings.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize the Tax Collector to begin collection of the 2010 tax roll prior to the completion of the Value Adjustment Board hearings.

     Districts 1, 3, 4 and 5 voted AYE.

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     Chairman Dallari requested Mr. Forte to discuss an issue relating to the city of Longwood adopting a resolution increasing the rates up to $1,000 for Paramedics transporting nonresidents.  Mr. Forte stated he met with the City Manager last week and he indicated they have adopted a resolution, effective August 1, setting the transportation fees at $1,000 and that includes city and out-of-city residents.   The difference the in-city residents would be charged $1,000, but they would accept what the third-party insurance company would pay.  If a resident did not have third-party insurance, they would not be billed.  If they transport a patient outside the jurisdictional boundary or to another city, they would bill the patient $1,000 whether they did or did not have insurance.   

     Upon inquiry by Chairman Dallari, Mr. Forte advised Seminole County charges the Medicare rate of just under $400.  He said he and Tad Stone, Public Safety Director, will be working with other City Managers to see what can be done about this.

     Commissioner Henley stated the County has an obligation to look out for the unincorporated residents as well as incorporated residents.  He thinks the only solution to this is they may have to do away with the agreement in order to protect the people in the unincorporated area. 

     Mr. McMillan stated if they do away with the agreement, the city would only respond to incorporated area of Longwood and the city would not respond to the unincorporated area.

     Commissioner Carey stated she feels this needs to be placed at the top of their priority list as it is unreasonable when someone needs an ambulance and the fees have been raised to $1,000.  She stated she feels staff needs to submit more information on this at the next meeting.

     Chairman Dallari requested Mr. Forte to brief the Board at the next Board meeting with some recommendations and options.

     Upon inquiry by Commissioner Van Der Weide, Mr. Forte advised he spoke with the City Managers of Lake Mary, Winter Springs and Casselberry and they expressed concerns with this resolution.

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter dated July 15, 2010, from Ken Terrell, Friends of Lake Howell, to Chairman Dallari re: Requesting Seminole County Board of County Commissioners to consider constructing or allowing a boat ramp providing public access to Lake Howell. 

 

2.    Letter dated September 27, 2010, from Congressman Mica to Chairman Dallari re: Invitation to a roundtable discussion about state and federal efforts to improve interstate highway safety to be held on October 8, 2010.

 

3.    Letter dated September 27, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Seminole County Board of County Commissioner’s proportionate share of the total approved 2010-2011 budget. (cc: BCC, County Manager, Clerk of the Circuit Court)

 

4.    Letter dated September 27, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Seminole County Unincorporated Road District’s proportionate share of the total approved 2010-2011 budget. (cc: BCC, County Manager, Clerk of the Circuit Court)

 

5.    Letter dated September 27, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: Seminole County/Municipal Fire District’s proportionate share of the total approved 2010-2011 budget. (cc: BCC, County Manager, Clerk of the Circuit Court)

 

6.    Copy of letter (w/attachment) dated September 29, 2010, from Kirby Green, St. Johns River Water Management District, to Governor Charlie Christ re: Adoption of St. Johns River Water Management District’s adopted FY 2010-2011 budget.  (cc: BCC, County Manager, Fiscal Services)

 

7.    Memorandum dated September 30, 2010, from Chairman Dallari to Board of County Commissioners re: Out of Office from October 4 2010 to October 8, 2010.

 

8.    Copy of letter (w/attachment) dated September 30, 2010, from Cathy Galavis, Department of Revenue, to Ray Valdes, Seminole County Tax Collector, re: Final approved budget for FY 2010-11. (cc: BCC, County Manager, Fiscal Services)

 

9.    Letter dated October 1, 2010, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: Implementation of new digital video delivery technology known as Switched Digital Video (SDV) and other programming changes.

 

10.    Copy of letter dated October 1, 2010, from Chairman Dallari to Mount Olive Missionary Baptist Church re: Letter of Congratulations on the Church’s 127th year.  (cc: BCC, County Manager)

 

11.    Notice of Public Hearing from City of Sanford received October 6, 2010, to be held on October 21, 2010, re: To consider a Conditional Use for 1330 Tropic Park Drive, Lots 5, 6, 7 & 8 & VACD ST ADJ Tropic Park, PB 38 PG 40. (cc: BCC, County Manager, Growth Management)

12.    Notice of Public Hearing from City of Sanford received October 6, 2010, to be held on October 21, 2010, re: To consider a Conditional Use for 1610 Tropic Park Drive, Lot 9 Tropic Park, PB 38 PG 40. (cc: BCC, County Manager, Growth Management)

 

13.    Notice of Public Hearing from City of Sanford received October 6, 2010, to be held on October 21, 2010, re: To consider a Conditional Use for 4195 Orlando Drive, Lot 3, PB 38 PG 40. (cc: BCC, County Manager, Growth Management)

 

14.    Letter (w/attachment) dated October 7, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: 2010 Final Certificate of Taxable Value forms for Seminole County Unincorporated Stormwater Management. (cc: BCC)

 

15.    Letter (w/attachment) dated October 7, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: 2010 Final Certificate of Taxable Value forms for Seminole County Board of County Commissioners. (cc: BCC)

 

16.    Letter (w/attachment) dated October 7, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: 2010 Final Certificate of Taxable Value forms for Seminole County/Municipal Fire District. (cc: BCC)

 

17.    Letter (w/attachment) dated October 7, 2010, from David Johnson, Seminole County Property Appraiser, to Chairman Dallari re: 2010 Final Certificate of Taxable Value forms for Seminole County Unincorporated Road Improvement District. (cc: BCC)

 

18.    Letter dated September 27, 2010, from Jeff Stamer, Longwood, Florida, to Chairman Dallari re: In opposition to expansion of Wekiva Island (formerly known as Wekiva Marina).

 

19.    Letter dated September 27, 2010, from Lorien Prince, Longwood, Florida, to Chairman Dallari re: In opposition to expansion of Wekiva Island (formerly known as Wekiva Marina).

 

20.    Affidavit received on October 5, 2010, from Carol Young, Longwood, Florida, re: Use of Wekiva Marina to cease at dusk.

 

21.    Letter received October 7, 2010, from Renee Urquhart, Longwood, Florida, to Chairman Dallari re: In opposition to expansion of Wekiva Island.

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Van Der Weide stated he feels the Board will eventually be involved with renaming streets.  He stated Fire Station 16 is located on Wekiva Springs Road and the 911 Committee is requesting that a small section of Sabal Palm Drive be renamed.  He added there are some businesses in that area and they do not like what is being considered.

     Mr. Forte stated this item was on today’s agenda, but it was pulled because there were some concerns with it.

     Commissioner Van Der Weide stated he feels there are problems when they start changing addresses of businesses. 

     Commissioner Carey stated she isn’t sure how they determine the change, but a lot of it is the process they use in determining the names.  She added the process is something that Mr. Forte should look at and discuss it with the Board.

     Commissioner Van Der Weide stated he feels the Board needs to be involved in addressing this in a systematic way.

     Chairman Dallari asked Mr. Forte to brief each Board member.

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     Motion by Commissioner Henley, seconded by Commissioner Carey to appoint Brian Kirby to the Leisure Services Advisory Committee for an unexpired term ending January 1, 2013; and adopt appropriate Resolution #2010-R-218, as shown on page _________, commending Robert Bowden for his services on the Leisure Services Advisory Committee.

     Districts 1, 3, 4 and 5 voted AYE.

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     Commissioner Henley informed the Board that the Lynx Board will be interviewing the short list of the new CEO candidates on Thursday, October 10.  He stated they will make a decision and attempt to negotiate a contract.

     Upon inquiry by Commissioner Carey, Commissioner Henley advised they had six recommended responses and they interviewed all of those individually.  The top three will be interviewed as a group and hopefully they can make a decision.

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     Commissioner Van Der Weide recommended sending Ray Valdes, Tax Collector, on a job well done in opening up the new driver’s license office in Lake Mary as it is a major hassle eliminator.  He said this is a benefit to the citizens.

     Chairman Dallari stated he will put together a memo for the Board’s signatures, and he will bring it back at the next meeting.  The Board had no objections.

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     Commissioner Carey stated there will be a ribbon cutting ceremony for the Amtrak Auto Train facility in Sanford on Monday, October 18, 2010 at 10:00 a.m.  She stated Congressman Mica will be attendance as he has been instrumental in helping them obtain funding for that.

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     Commissioner Carey stated October is Domestic Violence Awareness Month and a ceremony (Women in Power Series) will be held at the Orlando Marriott in Lake Mary on October 20, 2010 at 12:00 p.m.  Trisha Meili will be honored and she would appreciate it if everyone would support same. 

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     Commissioner Carey stated Orange County is looking at passing an ordinance dealing with copper theft.  She stated Progress Energy and FPL have had some situations where air conditioners have been stolen.  She said the State took some action last year in putting some language in place.  The ordinances need to be adopted where identification would be taken on certain kinds of metal.  If one County adopts the ordinance and surrounding counties do not, then they will steal from one county and sell it in another.  She added if there is no objection from the Board, she will continue monitoring this and she will submit same to the County Attorney.  She said the Sheriff of Orange County is working on this issue with Polk, Osceola, Lake, Brevard counties and they need to bring in Volusia County.

     Chairman Dallari instructed Mr. McMillan to work with Commissioner Carey and Orange County’s Sheriff on this issue.

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     Commissioner Dallari stated he visited the new Amway Arena two weeks ago and the city of Orlando has something to be proud of.  He has been told it is the most technologically advanced arena in the U.S.

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     Commissioner Dallari requested an update from the County Manager at the next meeting on the emergency debris removal issue.  He said he would like to know when that will come back.  He added he would also like other proposals from the surrounding counties as well.

     At the request of Mr. Forte, Chairman Dallari explained what he would like to see with regard to the debris removal.

COUNTY MANAGER’S REPORT

     No Report.

COUNTY ATTORNEY’S REPORT

     Mr. McMillan stated the Board may hear about pill mill ordinances and they may want to think about doing something about that.  He explained that this deals with people being in the business of selling prescription drugs.  He said Orange County may be putting an ordinance in place and he received an e-mail from Attorney Katie Riceman relating to this issue as well.

     Commissioner Carey requested that Mr. McMillan address the gambling issue with Orange County as well.

     Mr. McMillan stated his staff will bring a draft on that issue within the next two weeks.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:10 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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