BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
APRIL 26, 2005
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, April 26, 2005, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Carlton Henley (District 4)
Vice Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
The Invocation was given by Chaplain Bob Gregory, Good News Jail & Prison Ministries, John E. Polk Correctional Facility, Sanford.
Commissioner Carey led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Mike Snyder, Executive Director, Orlando Orange County Expressway Authority, addressed the Board to give a PowerPoint Presentation (copy received and filed) on what the Authority has been doing and the plans for the future. His presentation covered the following topics: Overview; Expressway Authority Board; OOCEA Mission; E-Pass; Past & Future Timeline of Expressways; Finances; Financial Performance FY 1994 to FY 2004
Toll Revenue; Six-Year Monthly Revenue Trend; Toll Rate Comparison; Five-Year Work Plan; Amended Five-Year Work Plan; State Road 408 Widening; Express Lanes; Partnerships; Western Connector Program; Maitland Boulevard Extension; Wekiva Parkway; Wekiva Parkway PD&E Study--Administration, Study Corridor, Public Involvement, and Project Schedule; Proposed Land Acquisitions; the Future & Beyond; and Toll Industry Trends.
Commissioner Morris expressed thanks to Mr. Snyder for coming today. He said a couple years ago he spoke to Mr. Snyder’s predecessor about going with a European model and having a debit/credit card lane. He asked if Mr. Snyder had ever looked at that.
Mr. Snyder stated they started initially about three months ago to take a look at the hardware and software system. The E-Pass is not capable of growing into the future so he has brought on an internal and external consultant to take a look at where do they want to be in 10 and 20 years from now and how do they get there. So they will be looking at that.
Commissioner Morris advised the Lake Jesup Plaza is one part of the system that does not have the high speed lane. He asked Mr. Snyder if he would endorse the County for that. Mr. Snyder answered he would whole-heartedly endorse the County on that.
Commissioner Morris asked Mr. Snyder if he was familiar with the County’s and Congressman Mica’s efforts on the Eastern Connector.
Mr. Snyder stated they have not yet reviewed that. He said they can only operate in Orange County. But looking at it, it makes a lot of sense and he thinks the Authority Board will be favorable in moving in that direction.
Commissioner Morris asked if Mr. Snyder has contemplated having the Tax Collector’s Office market the transponders for them.
Mr. Snyder said he has not done that yet. He said he has a meeting with his staff to talk about their next promotional program. He said that is a great idea.
Commissioner Dallari expressed thanks to Mr. Snyder for coming today and he said he thinks the Expressway Authority is doing a great job. He asked, in the interim, has anyone looked at “Blue Tooth” technology.
Mr. Snyder said not as far as the toll collection is concerned.
Commissioner Dallari stated a lot of other countries are using that which is a form of currency and is billed right to their cell phones. He said Mr. Snyder may even be able to do away with the transponders.
Commissioner Van Der Weide complimented Mr. Snyder on his efficiency.
Chairman Henley stated Mr. Snyder indicated in reality they are a regional authority but he stated that they only operate in Orange County. He asked if he had looked at making it a truly regional authority by changing the legislation.
Mr. Snyder answered they have not done that; they would have to change the make-up to reflect the area they are in.
Chairman Henley expressed thanks to Mr. Snyder for coming and he agreed they are doing a great job.
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Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2005-R-62, as shown on page _______, honoring Lannie B. Myers, Department of Public Works, Engineering Division for her 28 years of dedication and service to Seminole County upon her retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari presented the Resolution to Ms. Myers who thanked the Board and staff for their kindness, generosity and friendship during the past 28 years. She wished them all success and happiness in whatever they may do.
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Motion by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate Resolution #2005-R-72, as shown on page _______, honoring Rick Cosentino, Firefighter/Paramedic Public Safety, EMS/Fire/Rescue/Rescue Division for his military service to his Country.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris presented the Resolution to Mr. Cosentino who expressed thanks to all for this great honor today and said he was pleased to work for a great organization such as the Seminole County Fire Department.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to adopt appropriate Resolution #2005–R-74, as shown on page _______, honoring Dorothy Dukes for her 30 years of service to the Community Coordinated Care for Children, Inc. (4C).
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Van Der Weide presented the Resolution to Ms. Dukes who stated children are her passion and she is happy to know that they were able to help some of the families stay in the main stream. She said the system was a hand up and not a handout. They at 4C really appreciate the Board’s support and she thanked the Board for the increased amount given towards that effort.
Chairman Henley expressed thanks to Ms. Dukes for her long years of community service. He thinks it is commendable she was able to stay at 4C for that long period of time.
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Chairman Henley recessed the meeting at 10:17 a.m. and reconvened it at 10:26 a.m., with Commissioner Morris entering late.
COUNTY MANAGER’S CONSENT AGENDA
Commissioner Carey requested that Item #14, Award RFP-4243-05, Irrigation System Evaluations, be pulled for discussion and a separate vote.
Commissioner Morris reentered the meeting at this time.
Commissioner Morris stated there was no back-up information for Item #18, Revoke the Award of Bid 2001-04GMG, Sale of County-Owned Surplus Property. Whereupon, County Attorney Robert McMillan verbally gave the background overview for this item.
Commissioner Morris asked if it becomes impractical for this property to be redeveloped, wouldn’t it be logical to see if the City of Altamonte Springs would want to have it to be a gateway to the City.
Commissioner Van Der Weide said unless the adjacent property owners would want the property, he doesn’t know who could use it.
Mr. McMillan said the only people who had interest in the property were the two abutting property owners.
Commissioner Carey said the site is undevelopable because of the size and access. Her concern is that because of all the work done on CR 427, that makes this an easy gateway and if the County ever needed to add another lane, they would have to buy the property back at a huge premium. She said it might be worthwhile in the future for the County to hold onto the property.
Mr. Grace said staff will bring this back to the Board in the near future with a recommendation.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and authorize the following:
5. Approve and authorize Chairman to execute Lease Agreement, as shown on page _______, for the Seminole County Mental Health Center located at 300 Bay Avenue, Sanford, Florida to March 31, 2006.
6. Approve Funding Agreement, as shown on page _______, between Volunteer Florida Foundation, Inc. (Hurricane Relief Funds) and Seminole County and authorize Chairman to execute the Budget Amendment Resolution #2005-R-81, as shown on page _______, to receive and expend an additional $35,000.
Community Assistance
7. Approve appointment of Paul Tremel, Regina Bereswill and Alton Williams to the Community Service Block Grant Advisory Board.
Budget
19. Approve and authorize Chairman to execute Modification #3, as shown on page _______, of the Flood Mitigation Assistance Agreement #03FM-52-06-69-01-088 between Seminole County and the Department of Community Affairs, Division of Emergency Management.
21. Approve and authorize Chairman to execute the Agreement, as shown on page _______, with Ronnie L. Clippard, Donna M. Clippard and Gary L. Clippard (collectively called “Owners”) for housing repairs and improvements not to exceed $25,000.
22. Approve and authorize Chairman to execute Satisfactions, as shown on page _______, of Second Mortgage for households assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program.
Tourism Development
34. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the City of Altamonte Springs in the amount of $5,150 for the 2005 ASA Softball Men’s Major Fast Pitch National Championship to be held on August 4 – 7, 2005.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Carey said this is a service she did not know the County provided. As a responsible homeowner, she takes it as her own responsibility to check her own irrigation system and make sure it is properly functioning. The contract is for five years, and potentially that is a quarter million dollars the County would be paying and that seems extreme to her. Also, there is a bill in the Legislature now that would grant the Department of Agriculture $500,000 for mobile irrigation labs to be established and Seminole County is identified as one of the critical zones. She thinks this is an area where they could do a one-year contract and meet the terms with the St. Johns Water Management District. This would also give the opportunity for the Soil and Water Conservation to apply for the grant and provide the service free of charge to the taxpayers. She said she would support Item #14 only if it is for one year.
Mr. Grace suggested setting it up for one year with an option for an additional couple years.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve award of RFP-4243-05/DRR, as shown on page _______, Irrigation System Evaluations 2005 Agreement for Seminole County to Clear Water Products & Services of Winter Springs, FL (estimated at $50,0000 annually) for one year with two, one-year renewable options.
Districts 1, 2, 3, 4 and 5 voted AYE.
County Attorney’s Consent Agenda
Motion by Commissioner Morris, seconded by Commissioner Dallari, to approve and authorize the following:
Litigation
35. Approve proposed negotiated settlement of expert costs relating to Parcel Number 123 of the East Lake Mary Boulevard Phase IIB road improvement project, located at 4115 State Road 46 East, Sanford, in the amount of $76,892.86; Florida Land Reserve, Inc. property.
Property Acquisition
36. Adopt First Supplemental Resolution #2005-R-78, as shown on page _______, of Necessity relating to the C-15 road improvement project (from State Road 46 to U.S. Highway 17-92), and the Elder Creek Regional Stormwater Facility Project.
37. Authorize Binding Written Offer/Offer of Judgment relating to Parcel Number 104, located at 777 General Hutchinson Parkway, Longwood, of the Cross Seminole Trail.
38. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel I.D. Numbers 27-21-31-513-0A00-0000, 27-21-31-513-0B00-0000 and 27-21-31-513-0G00-0000 required for the Consumers/Lake Hayes Water Transmission Main improvement project, located within Easton Park subdivision in Oviedo, in the amount of $60,000.00, inclusive of all fees and costs incurred; Easton Park Homeowners Association, Inc. property.
Districts 1, 2, 3, 4 and 5 voted AYE.
Constitutional Officers Consent Agenda
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve and authorize the following:
Clerk’s Office
39. Expenditure Approval Lists, as shown on page _______, dated March 28 & April 4, 2005 and Payroll Approval List, as shown on page _______, dated March 24, 2005.
40. Chairman to execute Satisfaction of Judgment/Court Costs for Thomas Allan Schaefer, Case #03-3969-CFA - $740.50 Court Costs and Fine.
41. Chairman to execute Satisfaction of Restitution Lien for Incarceration Costs for Stewart O. Hendricks, Case #02-8679-MMA - $2,750.
42. Approval of Official Minutes dated March 22, 2005.
Sheriff’s Office
No Report.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received and filed”:
1. Development Orders, as shown on page _______, as follows: Peter & Lori Quail Variance; Katherine Schmidt Variance; Anita Torres Variance; Tyrone Pinder Variance; John Goebel Variance; Mary Ruth Struble Variance; James Court Special Exception; Great Loans Mtg. Funding, Inc. Special Exception; Mary & Steve Isaacs Special Exception; Steve & Marybeth Deleonardis Special Exception; Fred & Patricia Mayer Special Exception; Betty Greene Special Exception; John & Marsha Boyle Variance; Donna Scott Variance; and William Long Variance.
2. Satisfactions, as shown on page _______, of Connections Fees for the projects known as: Oviedo Crossroads Ph. III and Brookwood Forest.
3. Assignment, as shown on page _______, of Conditional Utility Agreements between K&B Associates, XII LLC and Walgreens Co.
4. Amendments, as shown on page _______, to the Conditional Utility Agreements with Suncor of Lake Mary Ltd. for the project known as Lake Mary Collections - RBC Bank.
5. Conditional Utility Agreements, as shown on page _______, with Kings Builders LLC for the project known as Markham Woods Enclave.
6. Grant, as shown on page _______, of Sidewalk Easement with Pulte Home Corp. for the maintenance and repair of a sidewalk located in the Dunwoody Commons Phase I area.
7. Endorsement #1, as shown on page _______, to Landmark American Ins. Co. relative to Third Party Storage Tank Liability policy as approved by the BCC on September 28, 2004.
8. Letter from the South Seminole & North Orange County Wastewater Transmission Authority submitting Comprehensive Financial Annual Report for Fiscal Year ended September 30, 2004.
9. Interlocal Agreement, as shown on page _______, with Orange County Industrial Development Authority and Seminole County Industrial Development Authority relating to Trinity Preparatory School.
10. Letter to Lauren Milligan, Environmental Consultant, Department of Environmental Protection, from Anne Brewer, Project Development and Environmental Engineer, Florida Department of Transportation, relating to Advance Notification for International Parkway/SR 417 Interchange Project Development and Environment (PD&E) Study.
11. Replacement Letter of Credit #F845575, as shown on page _______, in the amount of $75,345 for the project known as Ellington Estates; Maintenance Bond/Letter of Credit, as shown on page _______, in the amount of $40,091.67 for the project known as The Trails-Unit 2A; Maintenance Bond, as shown on page _______, in the amount of $15,500 for the project known as The Sanctuary at Lake Ann; Maintenance Bond #58625189, as shown on page _______, in the amount of $1,958.52 for the project known as HIBC North; Maintenance Bond #SU 5005243-2, as shown on page _______, in the amount of $43,420 for the project known as Madison Creek; Maintenance Bond #SU 5005242-2, as shown on page _______, in the amount of $43,777 for the project known as Madison Place; Maintenance Bond #SSB381216, as shown on page _______, in the amount of $9,346.96 for the project known as Dog Track Road 530; and Maintenance Bond #3042, as shown on page _______, in the amount of $1,208.50 for the project known as Walgreen’s at 46A & International Parkway.
12. Maintenance Bond #41028926, as shown on page _______, in the amount of $53,366.80 for the project known as Regency Estates; Maintenance Bond #58625188, as shown on page _______, in the amount of $19,507.11 for the project known as HIBC North; Maintenance Bond #1015467, as shown on page _______, in the amount of $26,751 for the project known as Lake Forest 9A & 9B; Maintenance Bond #5011749, as shown on page _______, in the amount of $5,914.22 for the project known as Lake Forest 13A; Maintenance Bond #5011751, as shown on page _______, in the amount of $19,369.02 for the project known as Lake Forest 14; Maintenance Bond #5011780, as shown on page _______, in the amount of $7,814.20 for the project known as Lake Forest 14; and Maintenance Bond, as shown on page _______, in the amount of $65,000 for the project known as Off Broadway Industrial Subdivision.
13. CC-1255-05 Agreement, as shown on page _______, for Ditch Debris Cleanup/Clearing and Grubbing with Garland Construction Co., as approved by the BCC on 2/22/05.
14. CC-1258-05 Agreement, as shown on page _______, for Howell Creek at Dam Erosion Control with Intertech, Inc. as approved by the BCC on 2/22/05.
15. CC-1256-05 Agreement, as shown on page _______, for Sweetwater Cove Tributary Surface Water Restoration and Erosion Control/Stormwater Treatment as approved by the BCC on 2/22/05.
16. Work Order #7, as shown on page _______, to RFP-484-00.
17. Third Amendment, as shown on page _______, to RFP-484-00.
18. Assignment, as shown on page _______, of Consultant Services Agreement PS-5144-03, WCG/Neel-Schaffer, Inc.
19. Basic Contract PS-5184-05, as shown on page _______, Reiss Environmental, Inc.
20. Copy of Notes and Mortgages, as shown on page _______, for the following SHIP Home Reconstruction Program: Seneta Williams; Gladys G. Williams; Hilton L. Burke; Lillie M. Hagin a/k/a Lillie Hagin-McGill; and Lula M. Robinson.
21. Head Tennis Pro Agreement, as shown on page _______, with Cynthia Harkins per policy approval on 3/8/05.
22. Work Orders #32 & #33, as shown on page _______ to PS-5130-02.
23. Work Orders #15 & #16, as shown on page _______, to PS-5116-02.
24. Work Order #34, as shown on page _______, to PS-5129-02.
25. Change Order #1, as shown on page _______, to CC-1239-04.
26. Change Order (Final), as shown on page _______, to CC-1247-04.
27. Change Order #3, as shown on page _______, to D/B-607-01.
28. Certificate, as shown on page _______, of Final Completion for CC-1222-03 W/O 16.
29. Second Amendment, as shown on page _______, to RFP-4122-01.
30. Change Order #1, as shown on page _______, to CC-1212-03.
31. IFB-3106-05, as shown on page _______, Term Contract for Rental of Temporary Traffic Barricades, Bob’s Barricades, Inc.
32. Work Orders #30, #31, #32, #33, and #34, as shown on page _______, to CC-1212-03.
33. Renovation Services Agreement, as shown on page _______, Bid 2113-05, Detailed Sports Turf Construction, Inc.
34. Change Order #2, as shown on page _______, to CC-1208-03.
35. Second Amendment, as shown on page _______, to M-277-01.
36. IFB-3099-05, as shown on page _______, for Janitorial Supplies & Yard Products, Bestway Industrial Supply, Inc.
37. IFB-3099-05, as shown on page _______, for Detergent, Health Products and Paper Supplies, Airwick Professional Products.
38. Term Contract IFB-3099-05, as shown on page _______, for Miscellaneous Products, Pyramid School Products.
39. Letter to Maryanne Morse, Clerk of Circuit Court, from Anne Brewer, Florida Department of Transportation, relating to Project Kick-off and Public Meeting Notification for SR 46 Project Development & Environment (PD&E) Study.
40. Memorandum to Jerry McCollum, County Engineer, from Henry Brown, Assistant County Attorney, relating to Direct Pay Request, Seminole County v. Veigle, et al.
41. Bids as follows: IFB-3108-05; IFB-3109-05; IFB-3111-05; RFP-4243-05; RFP-4245-05; PS-5179-05; and PS-5181-05.
Jeff Hopper, Senior Planner, addressed the Board to present request for approval of the Final Site Plan and Developer’s Commitment Agreement for Isola Commercial Center PCD located on the west side of Longwood Lake Mary Road, approximately 300 feet north of CR 427. He stated staff finds the request is consistent with the Preliminary Master Plan and Development Order and is recommending approval.
Commissioner Carey pointed out that the Development Order did not speak to irrigation and when she asked if reclaimed water was available in the area, staff responded that there would be reclaimed water available in the next ten years, but that a shallow well would have to be used. This would be part of the DRC comments, but is not a part of the Development Order. She requested that this be included in the Development Order and staff to make sure the developer is aware that reclaimed water may be available in the future because he may want to put in a sleeve or dry line to hook up to that.
Commissioner Van Der Weide said they have been talking about the sleeve suggested to be put in for a number of years, but it’s not happening. He said somehow this needs to be addressed on a regular basis.
Commissioner Dallari stated, to be specific, he would like to have a well and/or surface water for the retention pond.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the Final Site Plan and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, for the Isola Commercial Center PCD located on the west side of Longwood Lake Mary Road, approximately 300 feet north of CR 427, based on staff findings and including the option on the well.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Bob Briggs, Business Manager, Environmental Services, addressed the Board to present request for approval of Amendment VI to the Interlocal Agreement between the City of Orlando and Seminole County for Refurbishment of the Iron Bridge Water Reclamation Facility.
Mr. Briggs said he is not asking for a specific budget recommendation today, but that will come back to the Board.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve Amendment VI, as shown on page _______, to the Interlocal Agreement between the City of Orlando and Seminole County for Refurbishment of the Iron Bridge Water Reclamation Facility.
Under discussion, Commissioner Carey stated the cost at Iron Bridge is $1.26, but the total capacity is not being used. She asked staff to provide the breakdown of actual costs for all the treatment plants to compare which plants are doing well and which ones are not. She would like for this information to go to all the Board members. She said if they have capacity at this inexpensive rate, they should try to maximize that usage.
Chairman Henley noted that the motion today does not obligate the Board at this point to go outside for funding. That’s a decision that will be brought back to the Board later.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ray Hooper, Purchasing and Contracts Manager, addressed the Board to present request to approve the ranking list, and authorize negotiations on DB-608-04/AJR, Lake Mary Boulevard Pedestrian Overpass, to Finfrock, of Apopka, FL at an estimated cost of $2,878,091.
Commissioner Dallari asked why bridge construction is not standardized.
County Engineer Jerry McCollum addressed the Board to state the bridges built in the past have all been unique. He is not aware of much conversation about going to standardization. He said that is something the Board can discuss.
Commissioner Dallari said he thinks there is a base part of the bridge that should be standard and then adapted for the site specifics or character of the location. He said he was not too impressed with any of the three designs proposed for this project.
Commissioner Carey said she asked the same question about standardization. She asked Mr. McCollum to take a picture of the pedestrian bridge on SR 434 to show. She would like to see it standardized so when someone sees the bridge, they know it’s a pedestrian bridge and not just a roadway. She thinks the design on SR 434 at Tuskawilla is very attractive and she thinks that would be a great standard. They would not have to continue to pay for the design and would not have to do a design/build, but simply put it out to bid. The site specifics could be dealt with at that time. Two pedestrian bridges have been identified for Lake Mary Boulevard, and she thinks there is a need for a third one at the Wekiva Trail. They would not want to have three different designs along one roadway. She would like to see the County go to a standard already established and put the bridges out to bid, maybe in multiple packages when they are going on one single road. Maybe the County could save some money.
Commissioner Morris said they might save some money in some locations. He said a standardization of design on Lake Mary Boulevard relative to the two bridges in Lake Mary makes sense and that was discussed with the Lake Mary City Commission. But with any architecture, engineering service when doing a design/build, if the proportionality is changed significantly, there will be a significant design charge. Also, a number of the bridges will have to be fit in. He said he is very much in favor of Design #2 presented and it was very warmly received by the City of Lake Mary. He said the Board may do some uniform designs around the County, but when they work with a partner like the City of Oviedo or Altamonte Springs, the City will want to see some options, plus technology and other design elements change over the years. That is why the Board has opted to look at bridges independently. He said he concurs with Commissioner Carey that on Lake Mary Boulevard, it makes sense to have a standard. He noted he doesn’t think the bridge on SR 434 at Tuskawilla looks as good as what the Board voted on.
Mr. McCollum showed pictures (copies in the staff report) of the different bridge designs.
Commissioner Van Der Weide stated he has always advocated flexibility when dealing with partners and cities because they will want to have input. If the Board gets into one design, it may not work everywhere. He likes the flexibility where they can make choices based a lot on the partners and a lot on what the District Commissioner thinks will work.
Chairman Henley stated he is not opposed to flexibility, but he thinks they need to be reminded the main purpose for these overpasses is safety, and he doesn’t want to put the Board in a situation where they are pressured by every group to outdo the other one to the point that the prices are exorbitant. If the cities want something more elaborate, then they should pay for it. He thinks the Board needs to be conscious of the fact that these dollars can only be spent once and the fact they have dollars doesn’t mean they need to be so elaborate in some of these designs.
Upon inquiry by Commissioner Dallari, Mr. McCollum reviewed the top three ranked designs and the cost for each. He also showed the picture of the other bridge design used in Winter Springs.
Commissioner Carey stated in her discussion with staff and the standardization idea of using the bridge in Winter Springs as the standardized product, the approaches could be looked at depending on the site situation. The design recommended by staff is $2.9 million and this bridge is a more traditional looking facility at a cost of $3 million and could be considerably less than Design Items #2 or #3. She thinks this would be a great standard for the Board to begin using.
Commissioner Dallari asked what would be the maintenance cost for each of the bridges. Mr. McCollum advised that all bridges are required to go through an initial inspection and then inspections every two years. In general, it doesn’t matter what type of bridge it is because the same type inspections must be done. There would be an additional cost some day between a pure concrete bridge and something more elaborate, but he can’t quantify that. Commissioner Dallari stated his point is if there was standardization of the bridge design, they would know what the maintenance cost is.
Mr. McMillan advised he does not believe the County has a right to reuse this design. Usually, architectural design contracts do not allow for reusing the design. He understands under CCNA that if the County is going to go out for a design they intend to reuse, this must be included in the RFP because architects and engineers are very hesitant to allow you to reuse their designs due to the safety liability.
Commissioner Carey pointed out that in the current RFP that is included. However, she asked Mr. McCollum to go back to the design engineer on the SR 434 bridge in Winter Springs to ask if there was a possibility to reuse the design and pay a fee to do so. She noted that the contract is still open on this bridge. She said prototype construction is done all the time.
Mr. Hooper reported he called the design engineer and he said he would have no problem designing the design to a specific site. There would be some cost savings involved and some additional costs. He said he would have to pull the contract to make sure it passes the legal test for the County.
Mr. McMillan clarified that the issue is not whether the engineer is willing to do it, but if the County has the authority to go directly to the engineer and negotiate, and if the County is complying with CCNA if this is done. Discussion with the Board continued.
Commissioner Van Der Weide stated if the Board comes up with the basic design they are going to work with, the next time the Commission changes, the Commission could change the design. He said none of this is binding. New commissioners get different ideas and that’s what they’re supposed to do.
Commissioner Morris said he does not believe in uniform design and does not think it is going to work, but will be ineffectual in the future. He suggested delaying this item and he will come back with additional bridges around the State and show what is being paid. He said his recommendation is to go with Design 2 (Southland) for this pedestrian bridge and instruct staff that this same design should be at Rinehart Road. At the same time, they can instruct staff that all four bridge projects move forward within the next year. He said there is not an issue of money here.
Commissioner Carey discussed that the first two locations on Lake Mary Boulevard that need to be built for pedestrian bridges are at the school and at the Wekiva Trail on International Parkway. The Rinehart bridge could come later if they can’t all be done at the same time. She thinks those three should all look alike.
Mr. McCollum discussed the sidewalk program and funding that is available now and could be used if the Board directs to fund the overpass at the Wekiva Trail in the Heathrow area and the pedestrian overpass at Red Bug and Aloma. He related that the City of Lake Mary is looking at redoing their downtown and when the RFP was done, it said to be consistent with the Lake Mary downtown area. The City is looking at a Mediterranean theme and see that area as a gateway to the City and Rinehart as the other gateway. He suggested the Board may want to say those two bridges are unique to the City of Lake Mary and look at the standard bridge for the one at Heathrow and other areas of the County.
Commissioner Dallari stated before making a decision, he would like more information about what the City of Lake Mary is planning for this corridor and to direct staff to ask the engineers/contractors to look at reusing the design of the bridge for Winter Springs and see how that will play into this area.
Whereupon, Mr. Hooper stated he checked and the clause was not in the solicitation when the RFP went out, so the County would be in violation of the CCNA. That clause was included in the current RFP.
Commissioner Carey said another reason to not make this decision today is because in the RFP, the design was identified as being used at one other location at Rinehart and Country Club, and now they are talking about three locations. If three bridges are being built versus two, there should be some additional cost savings. If they are talking about a fourth bridge in the Aloma area, she thinks all these questions need to be asked of those who submitted proposals for this RFP and for the bridge at SR 434.
Under further discussion, Commissioner Morris said the bridge at SR 434 does not fit for the pedestrian site in Lake Mary and has to be completely redesigned. The County would have to pay the architect to redesign it. He asked for a vote of the Commission on whether they are moving toward a uniform design. In the past, the Board has never discussed that. He said he would never recommend they use this same design all over the County because it would not fit.
Chairman Henley stated the differential is that one bridge is a trail use and the other is a pedestrian bridge servicing the school, and he doesn’t know what the others will turn out to be. He doesn’t want the Board to get in a situation where they will continue to be lobbied to outdo the other. That is what they are talking about when they say they have plenty of money. He said that doesn’t relieve the Board of the responsibility of being fiscally conservative. He stated the primary emphasis is safety and not beautification. If both can be accomplished at a reasonable price, he can support that, but he is not going to vote to build an elaborate bridge when another one of a more conservative design will serve the purpose.
Commissioner Morris expressed that on this particular item for this particular pedestrian bridge, to his knowledge, there has been no lobbying by anyone on this design. The whole issue was getting a bridge to fit in. When the County went to the RFP for this, they said consider the architecture and future plans of the City of Lake Mary. He said some of these bridges are going to be expensive because of their size and ramifications. He doesn’t see a competition.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve using individual RFP’s for bridge design/build and not do a Countywide uniform standard.
Under discussion, Commissioner Van Der Weide stated if anyone was lobbying him (and no one has), if they were representing a local government, he would suggest how much are they willing to participate financially.
Commissioner Carey asked Mr. McCollum to discuss how many pedestrian bridges are needed, and he said including this one, there are seven.
Commissioner Carey said from the prototypes she has seen used around the country for schools and bridges, she thinks there is some cost savings and so she is for looking at a prototype as a basis, not that every one would be exactly the same, but the basic structure would be the same. She thinks there is some value in having a prototype and it’s important that the bridges be recognized as a pedestrian overpass. She won’t be supporting the motion because she thinks there is probably some good savings in having a prototype.
Districts 2 and 3 voted AYE.
Commissioners Dallari, Henley and Carey voted NAY; whereupon, the motion failed for the lack of a majority vote.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to the next meeting (May 10, 2005) the request to approve the ranking list and authorize negotiations on DB-608-04/AJR - Lake Mary Blvd. Pedestrian Overpass to Finfrock of Apopka, FL, at an estimated cost of $2,878,091.
Under discussion, Commissioner Dallari said he is looking for information on how the bridge design in Winter Springs will be interacting with the City of Lake Mary’s architecture; what it will cost to put the basic design in Lake Mary and what site specific upgrades there would be for the City.
Commissioner Carey requested modifying the motion to ask staff to look into prototype cost savings. Whereupon, Commissioner Dallari amended the motion.
Districts 1, 4 and 5 voted AYE.
Commissioners Morris and Van Der Weide voted NAY.
County Manager’s Briefing
Dave Medley, Community Assistance Manager, addressed the Board to request direction from the Board for the utilization of the Children’s Village property and development of an RFP.
Commissioner Carey advised this proposal was discussed at the last meeting of the Mental Health Task Force Board, and they felt this is an area where there is a big void. She thinks there is probably a need for this, but she would like to have enough flexibility because there are some other reports about some statewide issues and other people may come forward. She wants flexibility in the RFP to make sure there are agencies that can respond favorably to the use of these buildings with this age group (16-21) in mind.
Chairman Henley said he would not want it restricted to this age group, however, because there are some other needs that have developed since the last time the Board talked about this. He advised that the School Board has notified Head Start that they will no longer be able to use school campuses which puts them out of business unless they can find other locations.
Commissioner Morris said do not get this too broad where it is opened back up to the full competition on the RFP where everybody can come in. He asked if staff could design the RFP and then relate it back to the Commissioners individually to see if it fulfills the requests of Commissioners Carey and Henley.
Motion by Commissioner Dallari, seconded by Commissioner Morris, to accept the recommendation of the Seminole County Alliance for Children and Families and move forward with the RFP process and report back to the Commissioners.
Commissioner Morris asked for clarification that the comments by Commissioners Carey and Henley would be included in the motion.
Commissioner Dallari amended his motion to include those comments.
Mr. Medley stated the RFP would come back before the BCC.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
Commissioner Dallari stated he just received notice that the applicant for tonight’s agenda Item #54, Large Scale Land Use Amendment Tradition at Red Bug a/k/a Mikler Shoppes, has withdrawn his request.
Commissioner Van Der Weide said he believes all the Commissioners received this notice.
Commissioner Carey asked staff to notify those interested parties that there won’t be a public hearing on this item tonight.
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Chairman Henley recessed the meeting at 11:35 a.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize the filing of the proofs of publication into the Record for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
REQUEST TO VACATE & ABANDON,
JILL & JAMES MCLINDEN
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of a platted drainage and utility easement located at 1879 Royal Majestic Court, Lot 6, Majestic Cove, in Section 21, Township 21 South, Range 31 East, Jill & James McLinden, received and filed.
Planner, Denny Gibbs, addressed the Board to present the request, advising the applicants are requesting the vacate in order to accommodate a swimming pool. She further advised that staff has determined with the addition of a new swale system to be constructed with the pool, the vacation and abandonment of this portion of the platted drainage and utility easement would not diminish the effectiveness of the subdivision drainage. Therefore, staff recommends approval.
Upon inquiry by District Commissioner Dallari, Jill McLinden, applicant, addressed the Board to advise they only asked for a portion of the easement because that is what staff recommended.
District Commissioner Dallari stated he would like to see the entire length of the easement vacated.
County Attorney, Robert McMillan, advised the Board can only vacate the portion of the easement that was advertised.
Upon further inquiry by Commissioner Dallari, Ms. McLinden advised this is a time sensitive issue because her pool contractor will be pulling permits the second week in May.
No one else spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-79, as shown on page _______, vacating and abandoning a portion of a platted drainage and utility easement located at 1879 Royal Majestic Court, Lot 6, Majestic Cove, in Section 21, Township 21 South, Range 31 East, as described in the proof of publication, Jill & James McLinden.
Under discussion, Commissioner Dallari stated he would be inclined, if there is no issue with utilities, to vacate the entire length of the easement, should the applicant wish to apply for it. He said he would also waive the fees for that application.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Morris that if the applicant decides to come back and request the vacation of the remaining length of the easement that abuts her property, the fees will be waived.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO VACATE & ABANDON,
SHARON & RICHARD JOHNSON
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a 7.5 foot platted drainage and utility easement on the north side of Lot 56, Lakes of Aloma subdivisions, on Lot 56, in Section 31, Township 21 South, Range 31 East, Sharon & Richard Johnson, received and filed.
Planner, Denny Gibbs, presented the request, advising the applicants request the vacate in order to accommodate a swimming pool. The proposed pool location also necessitated a rear yard setback variance from the Board of Adjustment and they received approval on that March 28, 2005. The applicant has provided letters of no objection from the applicable utility providers. Therefore, staff recommends approval of the vacation as requested.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-80, as shown on page _______, vacating and abandoning a 7.5 foot platted drainage and utility easement on the north side of Lot 56, Lakes of Aloma subdivisions, on Lot 56, in Section 31, Township 21 South, Range 31 East, as described in the proof of publication, Sharon & Richard Johnson.
Districts 1, 2, 3, 4 and 5 voted AYE.
APPEAL AGAINST BOA,
JAMES COURT
Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to grant a special exception for the continued placement of a mobile home for one year at 581 Oak Way, James Court, received and filed.
Planner, Kathy Fall, addressed the Board to present the request, advising the applicant is requesting a five-year extension for the placement of the mobile home. She displayed a small map (received & filed) of the area and pointed out the parcels that have mobile homes located on them.
Attorney John Dawn (phonetic), representing the appellant, addressed the Board to request the five-year extension be granted. He said this is a mixed-use area and next to Mr. Court’s property is an agricultural use with horses. He added that there are numerous mobile homes throughout the area.
James Court, appellant, addressed the Board to advise the property consists of 1.1 acres.
Upon inquiry by Chairman Henley, Attorney Dawn advised the intent is to reach a point where Mr. Court can build a home on the property. He stated that Mr. Court was injured last year in an accident which resulted in financial problems.
Jim Dowling, 1275 Palm Way, addressed the Board to speak in support of the five-year extension. He said he has helped the appellant clean up the property.
Jon Court, appellant’s brother, addressed the Board to speak in support of the five-year extension.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner Carey stated she supports the five-year extension as requested. However, she said she would like staff to look closer at the County policy because she does not believe it is fair for mobile home owners to have to come in to ask for renewals. She said that if someone wants to put a mobile home in the rural area, they ought to be able to do so and not be told that they have to move it in five years.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to overturn the Board of Adjustment’s decision and grant the Special Exception for the permanent placement of a mobile home at 581 Oak Way, as described in the proof of publication, James Court.
Under discussion, Commissioner Morris pointed out the applicant requested a five-year permit and that is how the public hearing was advertised.
Commissioner Carey stated she will amend the motion to grant the Special Exception for five years as requested. Commissioner Van Der Weide agreed to the amendment.
Commissioner Morris stated mobile home placement is not a simple issue. He said the placement requires a special exception for a fixed period of time because neighborhoods change. He added the County has not favored mobile homes except for temporary conditions.
Commissioner Carey suggested mobile homes should be allowed on property consisting of 1 to 3 acres under special conditions and allowed permanently on larger parcels where there are buffers. She reiterated that she would like staff to review the code regarding mobile homes.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris voted NAY.
REQUEST FOR SMALL SCALE LAND USE
AMENDMENT & REZONING, BEN LARSON
Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from LDR (Low Density Residential) to Office; and rezoning from A-1 (Agriculture District) to OP (Office Professional District) on approximately 1.85 acres, located on the northeast corner of Wayside Drive and Orange Boulevard, Ben Larson, received and filed.
Planner, Tina Deater, addressed the Board to present the request, advising the applicant proposes converting an existing daycare on the northeast corner of Wayside Drive and Orange Boulevard to an eye care clinic. She said the property will use the existing access off Wayside Drive and the change in use from a daycare to an office will result in a decrease of 22 average daily trips. She further advised the Planning & Zoning Commission recommended approval subject to conditions in the Development Order. She added that staff also recommends approval.
Upon inquiry by Commissioner Carey, Ms. Deater advised reclaimed water is not available in the area.
No one spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Morris to adopt Ordinance #2005-14, as shown on page _______, approving the Small Scale Land Use Amendment from Low Density Residential to Office; and adopt Ordinance #2005-15, as shown on page _______, granting rezoning from A-1 (Agriculture District) to OP (Office Professional District) on approximately 1.85 acres, located on the northeast corner of Wayside Drive and Orange Boulevard, as described in the proof publication, Ben Larson, subject to Development Order, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM R-1AA
& RP TO OP, MIKE & JIM HATTAWAY
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone approximately .89 acres from R-1AA (Single Family Dwelling District) and RP (Residential Professional District) to OP (Office Professional District) for property located on the southeast corner of Faith Terrace and Maitland Avenue, Mike and Jim Hattaway, received and filed.
Planner, Tina Deater, presented the request, advising the applicants are requesting the rezone to OP in order to build a two-story law office consisting of approximately 10,044 square feet. She further advised they are also requesting a waiver to allow a 2-foot deep stormwater swale to encroach 15 feet into the required 25-foot buffer along the east property line. Under the Land Development Code, the Planning Division Manager may allow stormwater retention/detention facilities to encroach into designated landscape buffers to a maximum of 50% upon making a finding that all planting and structural requirements of the landscaping provisions of this Code are met and the visual screen provided by the buffer-yard will be fully achieved and maintained. Retention areas are required to be designed to be dry within 24 hours of a 25-year storm event and not require fencing around such areas. She said staff’s opinion is that a 2-foot deep swale will not interfere with the planting, buffering and wall requirements of the active/passive buffer-yard standards. Therefore, staff recommends approval of the waiver for the swale to encroach into the buffer along the east property line, provided the landscaping and buffering requirements of Section 30.1232 of the Code are met. She further advised that the Planning & Zoning Commission recommended approval of the rezoning and staff is also recommending approval subject to the conditions in the Development Order.
Upon inquiry by Commissioner Morris, Jack Reynolds, representing the applicants, addressed the Board to advise that some of the trees, even though they are big, are dead or dying. He further advised that they will be saving 15 trees on the site – most are oaks trees with one magnolia.
Commissioner Carey questioned what the landscape buffer is, since there is no landscape plan submitted. Ms. Deater advised the buffer adjacent to the residential is a 25-foot landscaped buffer and a 50-foot building setback. Discussion ensued with regard to the buffers and parking proposed.
Commissioner Morris stated the applicants are proposing a major encroachment into the western buffer and there seems to be very few existing caliber trees; therefore, he would hope the District Commissioner will show great concern when recommending approval.
Commissioner Carey expressed her concern, stating she feels that this is a lot of office on a very small lot.
Mike Hattaway, applicant, addressed the Board to state they exceed most of the buffering that is already on Maitland Boulevard. He explained that one reason why they are seeking the waiver is because of the jog in the road at this location.
Commissioner Morris pointed out that the rear of this property is really an entrance to a residential neighborhood and he believes that can be handled with intensive landscaping.
Mr. Hattaway stated they have been working with staff for quite awhile on the site plan and they have tried to do what staff has recommended. He explained the property is owned by two local attorneys who have been doing business on the property for 15 years with access from Faith Terrace. He advised that behind the property is a six-foot brick wall which they will continue down the complete eastern side of the property line. He said this will buffer the residential property. Commissioner Morris left the meeting at this time.
Mr. Hattaway displayed photographs (received & filed) of offices and homes located in the area on Maitland Boulevard.
Commissioner Morris re-entered the meeting at this time.
Mr. Hattaway stated that under the R-1AA zoning, the height restriction is 35 feet. He said their building will be 28 feet high and will have no upper windows facing the neighborhood. He added that what they are asking for is in keeping with the area and will increase the value of properties in the neighborhood.
Thomas Scala, 155 Faith Terrace East, addressed the Board to request the item be continued so that his questions on the site plan can be answered and impact on Faith Terrace can be reviewed. He submitted for the Record a copy of a petition (received & filed) of area residents in opposition to the proposed rezoning. He stated that the owners have had 15 years to improve the landscaping and the hedge currently does not reach the bumper of the cars. He reiterated that he would like this item continued so that the site plan can be studied and re-evaluated.
Jerry Hart, 185 E. Faith Terrace, addressed the Board to state it appears the rezoning would put a self-imposed hardship on the property owner.
County Attorney, Robert McMillan, advised there is a provision in the Code that gives the Planning Manager the ability to grant the front yard reduction. He said since OP zoning is zoned to a site plan, the change of the yard requirement can be dealt with during the OP rezoning.
Upon inquiry by Commissioner Carey, Attorney McMillan stated he believes the Code allows the Planning Manager to grant the waiver under certain circumstances. Discussion ensued.
Mr. Hart requested the Board to either deny the rezoning or continue it. He discussed his objections (traffic & compatibility) as outlined in his letter (received & filed). He reiterated that he would like to see this item continued because he feels the site plan is “flying under the radar screen”.
Mike Hattaway stated they would like to have this item dispensed with today because they have been working on this with staff for over a year. He said they have gone out in the neighborhood and talked to the residents and have done everything they were required to do. He further said this area is “comp planned” for office and what they are requesting is not out of keeping with what the neighborhood is.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner Henley stated he does not have a problem with the request. He said the applicants have agreed to additional buffering and he believes this will be an improvement. He added that he does not see anything to be gained by delaying action; therefore, he would recommend approval with staff recommendations and increasing the buffering.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2005-16, as shown on page _______, approving rezoning of approximately .89 acres from R-1AA (Single Family Dwelling District) and RP (Residential Professional District) to OP (Office Professional District) for property located on the southeast corner of Faith Terrace and Maitland Avenue, as described in the proof of publication, Mike and Jim Hattaway, subject to staff recommendations and Development Order, as shown on page _______.
Under discussion, Commissioner Morris stated he would like to see a landscaping plan returned to the BCC for review that shows significant plantings (particularly on the western side of the property – Faith Terrace) and depicting the wall.
Commissioner Van Der Weide agreed to amend the motion to require that a landscaping plan, showing additional plantings/buffering and the wall, be brought back to the BCC (Regular Agenda item) for approval.
The motion, as amended, was voted upon and carried with Districts 1, 2, 3, 4 and 5 voting AYE.
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The Chairman recessed the meeting at 3:25 p.m. and reconvened it at 3:32 p.m., with all Commissioners (with the exception of Commissioner Morris who entered late) in attendance.
LEGISLATIVE UPDATE
DCM, Sally Sherman, and Assistant County Attorney, Steve Lee, addressed the Board to give the Legislative Update. Copy of update as of April 26, 2005 was received and filed.
Attorney Lee reviewed the Growth Management Bill, advising that last Thursday the House State Infrastructure Council passed a 90-page strike-all amendment to HB 1865.
Commissioner Morris re-entered the meeting at this time.
Attorney Lee explained that bill does invalidate all charter sections, ordinances, land development regulations and countywide special acts dealing with the use of land located within a municipality. She said the bill would not affect the County’s Rural Area Charter Amendment; however, it would cover any implementing ordinances or comprehensive plan changes.
Attorney Lee reported some good news under the Help America Vote Act, SB 2176 and HB 1589 both include language to reduce the requirement for handicap-accessible voting machines to one per polling place, instead of one per precinct. He added he sees no reason why this will not be approved. With regard to judicial employees, SB 2542 includes the County’s requested “fix”. However, he said HB 787 dealing with Deferred Compensation is stuck in the House Fiscal Council and may never make it out.
Ms. Sherman advised that under the Growth Management bill, a provision has been inserted that existing charter counties are not required to have a charter provision readopted.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Van Der Weide stated he has heard of a problem with parking at the new Criminal Justice Center where people have been issued citations. He requested a review of this by staff.
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Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to reappoint Bill Parrish to the Well Driller Contractors Board for a one-year term ending January 1, 2006.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded by Commissioner Morris to appoint Brian Volk to the Mechanical Contractors Board for a one-year term ending January 1, 2006.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-82, as shown on page _______, commending Brian Volk for his service on the Parks & Recreation Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to appoint Veronica Anderson to the Plumbing Contractors Board for a one-year term ending January 1, 2006.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Carey expressed her thanks to Commissioner Randy Morris for his vision and determination on the restoration of Big Tree Park. She said she attended the re-dedication and naming of “Lady Liberty” on April 14, 2005.
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Commissioner Carey gave special thanks to her Administrative Aide, Amy Lockhart, for her work on the Volunteer Appreciation Dinner on April 14, 2005.
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Commissioner Carey briefly reported on the Central Florida Education Summit held on April 21, 2005.
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Commissioner Carey advised of the groundbreaking ceremony for the Front Porch program in the Goldsboro area was held on April 23, 2005.
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Commissioner Carey advised of the Steamboat Historical Marker Dedication to be held on April 30, 2005 at 10:00 a.m. at Palmetto Avenue and the Riverwalk in Sanford.
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Commissioner Carey also advised of a forum on Future Commercial Aviation with Congressman Mica, which will be hosted by the Seminole Chamber and OSIA on May 9, 2005 at 8:00 a.m.
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Commissioner Morris reported that the I-4/SR 434 Interchange has been fully funded and is scheduled for completion in 2013.
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Upon inquiry by Commissioner Morris, County Attorney McMillan advised his office issued an opinion that you can only put bid fees in for events at publicly-owned and operated venues. He said the County can provide money for marketing, promotion and advertising; but cannot provide a bid fee (TDC funds) for an event where the venue is at a publicly-owned facility. Discussion ensued.
Ms. Sherman stated in this case Suzan Bunn, Tourist Development Director, is currently working with the Sports Commission to revise the application for the money for marketing.
Commissioner Morris requested to be kept up-to-date on this.
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Commissioner Morris discussed the recent increase in tipping fees at the landfill and the drop off of people using the facility.
Mr. Grace stated he will meet with David Gregory, Solid Waste, and get back with Commissioner Morris on this.
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Commissioner Dallari expressed his thanks to staff for their support and assistance at a recent meeting on Howell Creek at the Lost Creek Subdivision.
Mr. Grace stated he will give Commissioner Dallari a list of staff members so he can personally thank them.
COUNTY MANAGER’S REPORT
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize the Chairman to execute Satisfaction of Second Mortgage, as shown on page _______, for a household assisted under the SHIP Emergency Repair Housing Program, Lyman A. Baker, Jr.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace recommended appointing Dennis Westrick to SSNOCWWTA.
Motion by Commissioner Dallari, seconded by Commissioner Carey to appoint Dennis Westrick to the South Seminole North Orange County Wastewater Transmission Authority, replacing Bob Adolphe.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Mr. Grace informed the Board that the Community Information Department received an award of excellence from the National Association of County Information Officers related to the information package and effort regarding the Charter Amendment. He expressed his thanks to everyone who was involved in that project.
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The meeting was recessed at 4:05 p.m., reconvening at 7:00 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
PUBLIC HEARINGS
AMENDMENT/REZONE/Tradition at Red Bug/Omana
Continuation of a public hearing to consider a Large Scale Land Use Amendment for Tradition at Red Bug a/k/a Mikler Shoppes, from Low Density Residential (LDR) to Planned Development (PD); and Rezone from A-1 (Agriculture District) to PUD (Planned Unit Development); on approximately 44 acres, located east of Mikler Road and south of the Red Bug Lake Road and Slavia Road intersection, as described in the proof of publication, as shown on page _______, Javier E. Omana.
Chairman Henley advised that this item has been withdrawn by the applicant and no action is required. A letter from the applicant withdrawing the request was received and filed.
SR 436/RED BUG LAKE ROAD INTERSECTION PROJECT
Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of Alternative 1 for the proposed intersection improvement at SR 436 and Red Bug Lake Road, received and filed.
Antoine Khoury, Public Works, and Jan Everett, URS Consulting Firm representative, addressed the Board to present the request. Ms. Everett displayed a PowerPoint presentation and stated this is part of the Second Generation Sales Tax Program and it is being done in conjunction with the Florida Department of Transportation (FDOT) to maintain federal funding eligibility for any future improvements in the area. She displayed and reviewed the Location Map and the existing Intersection Configuration. She reviewed the Feasibility Study and stated the study was completed in 2001 and three alternatives were provided. She displayed and reviewed the Project Development & Environment (PD&E) study and the following five alternatives: Alternative 1-Partial Interchange; Alternative 2-Full Interchange; Alternative 3-Winter Park Drive Realignment; Alternative 4-Dual Flyover; and Alternative 5-Partial Interchange/Winter Park Drive Realignment Combination of Alternatives 1 and 3. She continued by reviewing the Environmental and Evaluation Matrix. She summarized the Right-of-way and Environmental Impacts as well as the Cost Figures. She stated based on the results of the evaluation, staff is recommending Alternative 1 for intersection improvements. She concluded by displaying and reviewing the project schedule.
Frank Clifton, City Manager, City of Casselberry, addressed the Board to submit a letter (received and filed) from the City’s Fire Chief expressing their concerns regarding the project. He stated he is here to reiterate their request that the County take consideration of the impact on Fire Station 25, which is located at the base of the ramp. This is going to be a 2½ year construction project and the design of the overpass will impact the feasible operations of the station. This is an issue of emergency service and response as the proposed design will impact the egress of that station. The City has found a location site for Station 2 on Wilshire Blvd.
Fire Chief Don Harkins, City of Casselberry, addressed the Board to state the fire station was built in 1975 and they have had a continual increase on the number of emergency responses at this station. The station is responding to about 2,000 alarms annually. A traffic control device is presently in front of the station and the Fire Station activates that device on each alarm because of the high volume of traffic. It is activated at least 15 to 20 times during a 24-hour period. He stated the City has concerns that with the design of the ramp, vehicles coming down that ramp will create a hazardous condition for both the fire station and the flowing traffic. He discussed some experiences they have had with the traffic control device and responding to traffic accidents. He informed the Board of property the City has acquired on Wilshire Blvd. and they need approximately $2 million to build a new station. He asked the Board to give consideration in helping them to continue to serve the neighborhood.
Upon inquiry by Chairman Henley, Chief Harkins advised the Fire Station has one engine, one rescue unit, and they keep five to six people on duty. The closest County fire station is probably Station 27, which is on Red Bug Road between Dodd and Tuskawilla.
Upon further inquiry by Chairman Henley, Chief Harkins advised it may be feasible to share a station with the County on Red Bug Road depending on the County’s willingness to shift their station to the west. A lot of responses are done on the SR 436 and Winter Park Drive corridor, and with the fire station that was moved near City Hall, that station is pulled for more services towards the west of that service area. He stated the City has tried to locate their stations so they have 4-minute response times.
Upon inquiry by Commissioner Carey, Chief Harkins advised they have two fire stations, one is on Seminola and the other is on Red Bug Road. The City has an agreement with Greater Construction Company that gives them ownership of the site (Fire Station 25) as long as they use it as a fire station. If the City would abandon that it would revert back to Greater Construction. Discussion ensued.
Upon inquiry by Commissioner Morris, Chief Harkins advised he spoke with Seminole County Fire Chief Terry Schenk relative to the relocation of the station. The City has just completed a master plan for fire services improvement and they anticipate putting in a southern station somewhere in the area of Lake Howell and SR 436.
Upon further inquiry by Commissioner Morris, Chief Harkins advised Chief Schenk has not expressed to him that the County has any problem with their plan.
Kevin Grace, County Manager, stated that is something they need to sit down with the City to discuss.
Commissioner Morris stated it might be logical having a third station on Lake Howell.
Mr. Clifton stated one of the ultimate issues with the location is finding one. He advised the City has had discussions with the City of Winter Park about a third station in that area, but the real issue in that area is not being able to find an affordable site. The City has found a site for this station on Wilshire Blvd.
Upon inquiry by Commissioner Morris, Mr. Clifton advised the City understands that the road project is a State project and the County has nothing to do with the condemnations or compensations, and that is why they are here tonight. He stated they hope they can gain the County’s recognition that the impact of the construction on the station is significant, and they would like to encourage the State to look at that. He said they were fortunate in finding another site near this area.
Upon further inquiry by Commissioner Morris, Mr. Clifton advised the property for a new station is acquired through a Government grant. He advised their goal is to have that station in operation before construction of the intersection starts. It will take 2½ years to get the station up and running.
Commissioner Morris stated the County needs to make sure that they are on the same page and communication will resolve that. Clearly this station shouldn’t be there anymore.
Commissioner Van Der Weide stated the fire station having to have another warning system on top of the overpass is a major factor. He stated he doesn’t think it is a major factor of how they will figure out the details. He said he hopes there is something they can do to work this out as it is something that will benefit everyone.
Mr. Grace stated he believes the fire station issue is an issue regardless of what decision the Board makes tonight. He stated the challenge for the Board tonight is to choose one of the alternatives and not find a site for Casselberry.
Mr. Clifton informed Commissioner Dallari that if the City vacates the station, the property will revert back to the property owner (Greater Construction). He stated he is not aware that Greater Construction has property in that vicinity that do not have structures on it.
Upon inquiry by Commissioner Dallari, Ms. Everett advised if the station stays at this location, it will cost $10,000 or more for signalization on the overpass.
Upon further inquiry by Commissioner Dallari, Jerry McCollum, County Engineer, addressed the Board to advise this is a working relationship with the FDOT and this is done by Federal requirements. Once the Board has made a decision, then staff will go to the City of Casselberry to discuss if FDOT can participate in this matter. He stated staff has not discussed this with FDOT to date because the Board has not approved an alternative.
Commissioner Dallari stated he feels staff should work with the City to try to get help from FDOT to relocate this station.
Upon inquiry by Commissioner Morris, Ms. Everett advised the PD&E will be financed now and they will start the design in the fall.
Upon inquiry by Commissioner Morris, Mr. Grace stated hopefully staff can bring something back within the next 45-60 days. He stated he will meet with Public Safety staff and the City of Casselberry staff.
Commissioner Carey asked when staff gets together, she would like staff to not look at just one station, but to look at a broader picture (such as a shared station) for the areas of Red Bug Road and 17-92.
Mr. Clifton stated if the County doesn’t have a problem with the City looking at their design, they wouldn’t have a problem with the County looking at their design.
Bob Goff, City of Casselberry Commissioner, addressed the Board to state he is speaking for himself and not for the City of Casselberry. He spoke with regard to consolidation of services and an interlocal agreement that would benefit the City citizens as well as Seminole County.
Chairman Henley stated he has informed the Public Safety Department that they need to sit down to see where the best location would be and the best way to serve that area.
Gerson Carneiro, 91 Mark David Ct., addressed the Board to state the overpass will pretty much take care of the traffic problems. He said that from Eagles Point to Tuskawilla it still remains a two-lane road and the traffic is still going to remain there no matter what they do. What the Board needs to do is leave it alone and close off Winter Park Road and make the traffic on Winter Park Road go through Wilshire. That will solve the four-way intersection. He asked if the Board is going to buy all the houses along the Mark David Court side along Red Bug Road when they widen it.
Commissioner Carey stated that section of Red Bug Road from Autumn Glen to Tuskawilla will remain a four-lane road and would not be expanded. That was at the request of the Red Bug Coalition. The County is not acquiring additional right-of-way outside those limits.
Commissioner Morris stated if Winter Park Drive is closed, the problem is the neighborhoods in that area do not want the traffic flow and cut-through traffic.
Mr. Carneiro stated if the traffic lights were a little more synchronized, the traffic flow could work better.
Karine Lona, 94 Mark David Ct., addressed the Board to ask how many homes on Red Bug will be affected by this project.
Ms. Everett advised all five alternatives will acquire approximately nine or ten single-family residences on the north side of Red Bug Lake Road. She further advised that the consultant evaluated right-of-way costs of purchasing the homes on one side of Red Bug versus the other, and staff went with the least expensive total acquisition cost.
Commissioner Morris informed Ms. Lona that the County will take the whole property and when they take that, it may be used for a pond. The residents’ property on the far side of Mark David Court will not be taken and will have an aesthetically looking pond.
Ms. Lona stated a wall is currently being built in her community and will be implemented in their tax bill for the next 10 years. She asked if this wall will be knocked down when construction of this project starts.
Bob McMillan, County Attorney, stated he is sure the State would be happy to pay the residents the amount of money they owe for that wall. The State will have to buy that wall if the community owns it, then the residents would be paid to pay off the assessment of that wall.
Ms. Lona stated the community is trying to work with the City of Casselberry in getting them to do something with the traffic flow that is there now. One of the options the community would like to consider is closing off that entrance. The community indicated they would not mind going out on Winter Park Drive to get out of the community. She said she would rather have that instead of having the full flow of traffic during construction.
Commissioner Morris stated the County can work with the City of Casselberry on any of those matters. Discussions will occur when they get to the actual construction. The plan will be to put into place in 2008 or 2010 and hopefully that will mitigate cut-through traffic.
Upon inquiry by Ms. Lona, Commissioner Morris advised if everybody is willing to sell, the period of acquisition might take six months, but because of litigation it will be 2-2½ years. In the period of time of 2008, the property will be condemned for acquisition and then it will be planned accordingly.
Mr. McMillan stated it is not unusual that after the County acquires the land, they will allow the residents continued possession until six months before the project starts.
Mr. McCollum stated the State has allowed residents to stay in their homes until the plans are sent to Tallahassee, but it is a case-by-case basis. Staff is working out an early acquisition as well if a property owner is ready to leave their property.
Ms. Lona stated a lot of homes have elderly people living in them and the price they bought their homes are not comparable to homes selling today.
Commissioner Morris stated this is the most sensitive issue that the County deals with. They don’t just look at taking someone’s property as they are taking their lifestyle and they deserve just compensation.
Mr. McCollum stated it is a fair market value and it is based on what properties sell in that area. It is not what they paid years ago. This is a State project and the residents will get a relocation allowance up to $25,000.
Ms. Lona asked if the church is going to stay at their present location. She stated a lot of people make an illegal U-turn to get to the church.
Commissioner Morris stated the movement now is easy to make a U-turn. This will make the U-turn more difficult because of the length of the ramp and the division in the roadway. He believes the church will have something to work with and still have a right-in/right-out.
Ms. Lona stated she is not completely against the project, but she would like her comments to be considered in the design and construction phases.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the adoption of Alternative 1 for the proposed intersection improvement at SR 436 and Red Bug Lake Road, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
ITEMS FOR FUTURE AGENDA
Danielle Dobbs, 2945 Waumpi Trail, addressed the Board to state she has written letters (not received and filed) to the Board to make them aware of what is going on in her neighborhood. She stated Winter Park has annexed half of her subdivision and subsequently they want to service their residents. She said Progress Energy has started to install 50 ft. power poles along the residents’ right-of-way to redirect the power. The residents have told Progress Energy that this project would be unsafe because of all the poles that are going to be installed.
Chairman Henley advised that the County Manager has discussed this issue with Progress Energy with regard to this situation.
Ms. Dobbs stated at this time the power lines are on Seminole County’s side and those poles are going to serve Orange County. The residents have proposed that they put in a second line to serve Winter Park and leave their poles alone. She referred to a Feasibility Study for Electric Distribution System (received and filed) and she read a portion of the last paragraph stating that lines and substations must be reconfigured to serve city customers. She stated what they are doing is illegal because the power poles are on Seminole County property.
Chairman Henley requested that Ms. Dobbs submit her information to Mr. Grace to that and he and the County Attorney can look at that for her. He stated if there is a problem, they will contact Progress Energy.
Mr. Grace stated they basically have a June 1 deadline to get this done, but if the citizens are willing to pay for the cost of putting them underground, it will have to be redesigned.
Ms. Dobbs stated the residents feel they shouldn’t have to pay for it since it is a business deal with Winter Park and Progress Energy.
Vance Stobber, 2595 Sweetwater Trail, addressed the Board to state one thing he would like to make clear is that the power poles are not in the Florida Power easement, but in the road right-of-way.
Chairman Henley stated Progress Energy, by law, has the right to install poles in the right-of-way. He stated the County is limited to what they can force them to do. The County cannot design their grid for them.
Mr. Stobber stated if the residents had known about this two or three months ago, they would have addressed this issue and there wouldn’t have been a conflict.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:25 p.m., this same date.
ATTEST_______________________Clerk____________________Chairman
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