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.
------
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.
-------
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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