BOARD OF COUNTY COMMISSIONERS

 

SEMINOLE COUNTY, FLORIDA

 

MAY 14, 2002

 

 

     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, May 14, 2002, in the SEMINOLE COUNTY SERVICES BUILDLING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2)(late)

     Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Pastor Jon Carnes, First Church of the Nazarene, gave the Invocation.

     Harold Barley, Executive Director, MetroPlan, led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Commissioner Morris entered the meeting at this time.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2002-R-78, as shown on page ________, commending Garrett Hines for capturing the Silver Medal in the 4-man bobsled event at the 2002 Winter Olympics in Salt Lake City, Utah.

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

     The Resolution was presented to Mr. Hines, who expressed his appreciation.  He stated he is in the process of putting together a pre-trial camp for bobsledding in Seminole


County and he is looking for 18 year olds and up.  He said the event will be held around May 25, 2002, possibly at Seminole High School.  He added the top two who scores the highest in that event would go to Tampa, Florida and possibly to Lake Placid.  He stated if anyone knows of any teenagers interested in this, they would need to contact him or Mr. Hillery.

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     Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2002-R-80, as shown on page ________, commending Joe Curry, Winter Springs High School Wrestler, for achieving the individual Gold Wrestling Title in the 140-pound final match in Lakeland, Florida.

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

     The Resolution was presented to Mr. Curry.

     Commissioner Henley expressed his congratulations to Mr. Curry and Coach Rick Tribbet of Winter Springs High School for their achievements.

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     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-77, as shown on page ________, proclaiming the week of May 19-25, 2002 as “Emergency Medical Services Week”. 

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

     The Resolution was presented to Lt. Ed Pando, who expressed his appreciation for same.

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     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-63, as shown on page ________, proclaiming the week of May 18 – 24, 2002 as “Safe Boating Week in Seminole County”. 

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

     The Resolution was presented to Commander Lou Mariani, Seminole County Power Squadron, who expressed his appreciation for same.

     Bill Benson addressed the Board to state the citizens and boaters would like to thank the Board for their support of boat safety.  He stated Seminole County ranks one of the lowest in the state for boat accidents while the other neighboring counties rank in the top ten of boating accidents.  He said he would like to thank the Board for supporting the boaters of Seminole County.

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     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-75, as shown on page ________, commending John B. “Bert” Johnson, Principal Engineer, Engineering Division, Department of Public Works for his twelve years of service to Seminole County upon his retirement.

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

REGULAR AGENDA

     Commissioner Morris requested that Item #90, RFP-4145-02/BJC Bus/Transit Shelters, be continued to this afternoon’s meeting.  The Board voiced no objections.

ADD-ON/Central Florida Commuter Rail Project

     Harold Barley, Executive Director of MetroPlan Orlando, addressed the Board to display and review a PowerPoint presentation (received and filed) of the following relating to the Central Florida Commuter Rail Project:  Technology Demonstration and Regional Collaborative Effort Involving Four Perspective Counties.  He displayed a picture of the Diesel Multiple Unit (DMU) Rail Technology.  He reviewed the components of the Preliminary Estimates of Capital Costs relating to vehicles, stations, and track and signal.  He stated a passing track will have to be provided between Longwood and Sanford.  He said the final estimate relates to 25% contingency and the total cost will be about $45 million.  Their objective is to reduce those costs as they further refine those numbers.  He continued by reviewing How the Capital Cost Might Be Managed with State, Federal and Local Governments.  He stated Congressman Mica has requested that the Federal Railroad Administration take care of the full cost of one of the elements.  He displayed and reviewed the Annual Operating and Maintenance Costs.  He stated the annual maintenance and operating costs could range from $6 million to $10 million.  He reviewed the Preliminary Estimate of Annual Operating/Maintenance Costs; The Preliminary Annual Operation & Maintenance Financial Scenarios and How Those Costs Might be Managed; and the Next Steps that are underway.  He stated he is pleased that Seminole County is an active participant.

     Commissioner Van Der Weide stated all of the Board members have been involved with the MPO’s mass transit.  He stated Congressman Mica has taken a lead on this and he feels confident that he will be able to get this project funded.  Mr. Barley will be negotiating with CSX railroad.  He stated he would like this Board to memorialize their support for their fair share of the funding.  He added they are going to succeed this time and the Board wants to let Congressman Mica and the community know that they have their support.

     Upon inquiry by Commissioner Henley, Mr. Barley advised the reason the track and signal maintenance preliminary estimate says to be determined is that this is a responsibility that CSX would fulfill. 

     Commissioner Maloy stated if they are going to move forward on this, then he feels there should be a commitment as to where they will obtain the funding.  He stated he feels it may be more efficient to use that money to expand the bus services.  The ridership studies have not been done yet, but the County might have more bang for the buck applying those type of funds to three new bus routes and expanding the bus service. 

     Commissioner Morris stated this commuter rail concept is a strike for mass transit again and to start on a process of getting them back to light rail.  He stated he hopes the goal is to stop the disruption of shutting down the CSX route through the city.  He said Seminole County supported light rail for years and it failed because of their southern neighbors.  He added he has not heard that Orange County and other cities are in support of this.

     Mr. Barley stated enthusiasm throughout the region continues to grow.  He stated Orange and Osceola Counties are interested in seeing this presentation as well.  He said he would like to suggest that the Board look beyond this as a transit project.  This can also be construed as a highway project as well.  There is an important component to this, which is this would be an alternative to I-4. 

     Chairman McLain stated additional laneage on I-4 would run into millions of dollars.  He stated he would like to know what percentage the three trips per day carry of a lane travel for I-4.  Mr. Barley stated he can provide that information to the Board.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize Seminole County’s commitment and to memorialize the Board’s support of their fair share of the Commuter Rail Project sponsored by Congressman Mica.

     Under discussion, Commissioner Morris asked the motion maker to agree to “as presented”.  Whereupon, Commissioner Van Der Weide had no objections.

     Chairman McLain stated the County Manager needs to work very closely with Mr. Barley and the technical team to make sure that the County is prepared to stand up to their commitment.

     Upon inquiry by Commissioner Henley, Commissioner Van Der Weide stated this is a concept and it will have to come back to the Board.

     Commissioner Henley stated he can support the motion as long as he knows that memorializing doesn’t mean they are bound from a legal standpoint.

     Districts 2, 3, 4 and 5 voted AYE.

     Commissioner Maloy voted NAY.

     Commissioner Henley stated he feels the Board will have a better handle on this by August.

COUNTY ATTORNEY’S CONSENT AGENDA

     Upon inquiry by Commissioner Maloy relating to Items #6 and #12, Tannous property settlement and purchase agreement, Robert McMillan, County Attorney, advised this had to do with a particular piece of property where a wall was going to be constructed in a temporary construction easement because it was believed to be a decorative wall.  It turned out to be a structural wall and it was part of the road construction.  A permanent easement was needed and, as a result of that, his office hasn’t properly defined where the taking is needed. 

     Henry Brown, Assistant County Attorney, addressed the Board to state the Tannous parcels were included within the style of the case.  However, they are totally separate and distinct parcels.

     Commissioner Maloy stated he would like to express his frustration on this, as he cannot understand how such a mistake was made on this. 

     Mr. McMillan explained for Commissioner Morris why the County ended up in litigation and did not settle the issue, and why they keep retaining the consultants over and over again.

     Chairman McLain requested that staff brief each Board member of the process.

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

6.     Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Numbers 169 and 769 of the Dodd Road improvement project, located at 3700 Aldergate Place, Casselberry, Tannous property, in the amount of $15,000.00 with a County construction commitment to reconstruct the portion of the subdivision wall on the Tannous property as recommended. Attorney’s fees are included in the Litigation Settlement Authorization.

7.     Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 125 of the Airport Boulevard Phase III road improvement project, located on the north side of Bungalow Boulevard 955 feet west of Airport Boulevard, Ernest G. Hillsman property, in the amount of $17,500.00, inclusive of attorney’s fees and costs.

8.     Approve and execute Purchase Agreement, as shown on page ________, relating to Parcel Number 130 of the Lake Emma Road improvement project, located at the northeast corner of Lake Emma Road and Technology Park, Duke Realty Limited Partnership, in the amount of $10,375.00, inclusive of all costs and expenses.

 9.     Execute Subordination of Utility Interest Agreement, as shown on page _______, relating to Parcel Numbers 103, 104A/104B/104C, 106, 108, 113, 115, 116, 120, 123, 125A/125B, 128, 129A/129B, 130A/130B, 131A/131B/131C, 133 and 134 between Seminole County and Florida Power Corporation in conjunction with the Lake Emma Road improvement project.

10.     Execute Subordination of Utility Interest Agreement, as shown on page ________, relating to Parcel Numbers 159A/B/C between Seminole County and Florida Power & Light Company in conjunction with the Airport Boulevard Phase III road improvement project.

11.     Authorize Binding Written Offer for County Road 46A Phase III road improvement project (from Country Club Road to Old Lake Mary Boulevard) for Parcel Number 117.

Litigation

12.     Approve proposed settlement relating to Parcels 169 and 769 of the Dodd Road improvement project, located at 3700 Aldergate Place, Casselberry, Tannous Property, in the amount of $25,265.43 for attorney’s fees and cost incurred related to the dismissal of two parcels at the order of take hearing.

13.     Approve proposed settlement relating to Parcel Number 107.2 of the Sanford Avenue road improvement project in the amount of $49,000.00, Smith, Murrell and Hicks property, inclusive of all land values, severance damages, statutory interest, attorneys’ fees and cost reimbursements for all three owners claiming apportioned shares as to the land damages and all costs of all three owners. Settlement also provides for a dismissal and release with prejudice of all claims related to contamination. Settlement excludes one tenant’s claim for attorney’s fees and costs related only to a defeated business damage claim.

 

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

COUNTY ATTORNEY’S BRIEFING

     No Report.

COUNTY MANAGER’S CONSENT AGENDA

     Chairman McLain stated under Item #48, Approve Amendment #1 to Work Order #1 to RFP-489-00, the following wording will be deleted: “to waive the County Manager’s internal policies and procedures of Section 56”. 

     Commissioner Morris requested that Item #47, Award RFP-4138-02 be pulled for a separate vote.

     Commissioner Morris stated there have been discussions in the past relative to what the cities and private sectors are doing relating to Item #20, Security for all the water and wastewater treatment plants, and he would like an update on that.

     Mr. Grace stated staff is working on that and he feels that is an excellent point as to what the private providers are doing in assuring that the water is safe.

     Commissioner Van Der Weide stated he feels it is critical that the Board know what percentage of water is supplied by the private supplier.

     Mark Flomerfelt, Stormwater Manager, addressed the Board to explain for Commissioner Morris why the project for Item #28, BCR 02-83, is being started in May when it was approved last year.

     Commissioner Maloy requested that Item #17, Approve Jobs Growth Incentive Agreement for Unicell Paper Mill, be pulled for a separate vote.

     Commissioner Maloy stated he would like to know if a policy has been set up for the housing on natural lands, Item #35, Amendment #1 to FC-1146-A-01.

     Chairman McLain recommended pulling Item #35 for a separate vote for this afternoon’s meeting.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize and approve the following, excluding Items #17, #35 and #47:

Administrative Services

Support Services

14.  Approve and authorize Chairman to execute the Second Amendment, as shown on page ________, to Seminole County Probation Office Lease.

 

Community Services

Community Assistance

15.  Approve and authorize Chairman to execute Modification of Agreement, as shown on page _______, between Seminole County and Florida Department of Community Affairs; and approve additional $624 cash match.

16.  Approve and authorize Chairman to execute the five (5) Byrne Grant Agreements, as shown on page _______, between Seminole County and State of Florida Department of Law Enforcement, (Elder Services Unit II, Computer Crime Investigation II, County Career Criminal Initiative I, Community Justice/Neighborhood Enrichment IV and Child Abuse Victim Assistance Tracking System III). 

 

Environmental Services

Solid Waste Management

18.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Central Environmental Services, Inc.

 

Fiscal Services

Administration

19.  Approve and authorize Chairman to execute Resolution #2002-R-82, as shown on page ________, and Interlocal Agreement, as shown on page ________, to ratify issuance by the Orange County Health Facilities Authority of Hospital Revenue Bonds for South Seminole Hospital, on behalf of Seminole County.

Budget

20.  BCR #02-74 – $2,000,000 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer fund.  Construct improvements to the County's nine water treatment plants & two wastewater treatment facilities. These improvements are designed to significantly enhance existing security at all eleven sites and will be made in accordance with recommendations made by Environmental Services Department's security consultant (Black & Veatch Special Projects Corp.).

21.  BCR #02-75 – $38,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund/12601 – Arterial Impact Fee fund. The second phase of the CR 46A road construction project will require that the wall at the Mayfair Oaks subdivision be reconstructed. Additional funds are necessary for design services for this reconstruction and are available in the project’s land account line.

22.  BCR #02-76 – $89,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund/12602 – North Collector Impact Fee fund. Additional funds are necessary for design services relating to the Lake Emma Road project in order to update the roadway plans for bidding purposes. Funds are available from the project’s land account line.

23.  BCR #02-77 – $55,000– Public Works – Engineering – Fund: – 11500 – Infrastructure Tax Fund/12605 – South Central Impact Fee fund. Additional funds are necessary for design services relating to the Dodd Road project to comply with the settlement with the Autumn Glen Homeowner’s Association. Funds are available in the project’s land account line.

24.  BCR #02-78 – $92,000 – Administrative Services – Support Services – Fund: 00100 – General fund. Purchase copiers for ten (10) locations that were scheduled in the seven-year replacement cycle but not funded in the two-year budget; and additional funding for back-up copier that was under-budgeted this fiscal year. Due to the anticipated move of the copy center, replacing the Docutech was delayed and additional funding is required for maintenance. Department savings are available in lease and supply accounts.

25.  BCR #02-79 – $44,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund/12601 – Arterial Impact Fee fund.  A settlement is in process for a parcel of land necessary for the CR 425/Sanford Avenue project (there is a companion item to this under the County Attorney’s agenda). As a result of this pending settlement, additional funds will be necessary for land acquisition. Request transfer from reserves.

26.  BCR #02-81 – $20,000 – Public Works – Roads/Stormwater – Fund: 00100 – General fund. Demolition of the former FP&L building will be undertaken by the Road Operations/Stormwater Division. The use of  dump trucks (with drivers) will be contracted out. Request the transfer of funds from General Fund reserves to cover these contracted services.

27.  BCR #02-82 – $215,000 – Public Works – Traffic Engineering – Fund: 11541 – Infrastructure Sales Tax fund.  The renewed 2001 Sales Tax program included a category of school circulation traffic safety improvements that were to be funded by Seminole County. Greenwood Lakes Middle School and Eastbrook Elementary School have been identified as priorities for the current fiscal year. Request a transfer of funds from reserves to begin implementation of these projects.

28.  BCR #02-83 – $29,500 – Public Works – Stormwater & Road Operations – Fund: 13000 – Stormwater Fund.  Cost sharing revenues were received in previous fiscal years from six cities and the St. Johns River Water Management District to provide funding for Watershed Atlas Services. These revenues are now part of the current year’s fund balance and reserves. An accounting transfer is necessary to move the funds into the appropriate expenditure account line so that work may commence on the project.

29.  Budget Amendment Resolution #2002-R-83, as shown on page ________, $1,500,000 – Fiscal Services: 00107 – Commercial Paper Proceeds fund. Recognize proceeds of commercial paper to increase funding for remediation of Public Safety Building. Resolution authorizing increase was approved April 9, 2002 and proceeds anticipated to be received May 8, 2002.

30.  Budget Amendment Resolution #2002-R-84, as shown on page ________, $31,785 – Community Services: 11905 - Community Services Block Grant. Recognize additional Community Services Block Grant Funding of $31,161 that will provide additional support services (rent/utility assistance, child care) to eligible Seminole County residents. An additional 2% cash match of $624 is necessary which will be provided from within the Community Assistance Division.

31.  Request for Public Hearing on Mid-year Budget Amendment for FY 2001/02. Approve and authorize request for advertising and scheduling a public hearing on May 28, 2002, at 1:30 p.m. for the Mid-year Budget Amendment for FY 2001/02. Staff requests authorization to advertise and hold a public hearing for the purpose of reconciling budgets of all funds to reflect actual cash balances brought forward from FY 2000/01 to FY 2001/02 as documented in the 2001 year-end CAFR and to reconcile rebudgeted project amounts to actual year-end totals.

MSBU

32.  Approve and authorize Chairman to execute Satisfactions of Lien (2), as shown on page ________, for Empire Mtg. LP and David W. & Nancy L. Foye, for the Coach Light Estates Street Lighting Construction MSBU. 

33.  Approve and authorize Chairman to execute Satisfactions of Lien (6), as shown on page ________, for N. James & Phyllis Turner, Erharde L. Almquist, Cecil & Dolores M. Barkley, James R. & Kathleen R. Saboff, Robert J. & Kathleen F. Major, and Ann B. Musser, for the Springs Landing Street Lighting Construction MSBU. 

Purchasing

34.  Award CC-1179-02/BJC, as shown on page _______, Northwest Wastewater Treatment Facility Internal Recycle Meter Installation Project, to Meadors Construction Company, Inc., Jacksonville ($87,280.00).

36.  Approve Amendment #9, as shown on page ________, to PS-332-96/BJC – Engineering Services for Lake Emma Road, with Bowyer-Singleton & Associates, Inc., Orlando ($93,417.00).

37.  Approve Amendment #1, as shown on page ________, to PS-549-00/BJC – Architectural and Engineering Services for the Seminole County Criminal Justice Center, with HKS Architects, Inc., Orlando (Revisions to the Services and Delivery Schedules).

38.  Approve an increase to the Not-to-Exceed amount for PS-573-00/BJC – Dodd Road Post Design Services, with Bowyer-Singleton & Associates, Inc., Orlando ($52,080.00).

39.  Approve Amendment #2, as shown on page ________, for clarification to PS-576-00/BJC - Preliminary Engineering, Final and Post Design Services for Sand Lake Road, with Professional Engineering Consultants, Orlando.

40.  Approve First Renewal for PS-372-96/BJC – Professional Engineering Services for the Update and Management Investigation for Monroe Basin, with Camp Dresser & McKee, Inc., Maitland ((Not-to-Exceed $300,000.00/year) (July 24, 2002 through July 23, 2003).

41.  Approve Second/Final Renewal for PS-558-00/BJC – Master Agreements for Engineering and Professional Services for Reclaimed/Reuse Water System Improvements and Operations, with Blount Sikes & Associates, Orlando; Camp Dresser & McKee, Maitland; CPH Engineers, Sanford and PBS&J, Orlando (August 1, 2002 through July 31, 2003) (Not-to-Exceed $200,000.00 per year).

42.  Approve Second/Final Renewal for PS-561-00/BJC – Master Agreements for Engineering and Professional Services for Wastewater Collections System Improvements and Operations; with Blount Sikes & Associates, Orlando; CPH Engineers, Sanford; Inwood Consulting Engineers, Orlando; PBS&J, Orlando and Professional Engineering Consultants, Orlando (August 2002 through August 2003) (Not-to-Exceed $575,000.00 per year).

43.  Approve Second/Final Renewal for PS-562-00/BJC – Master Agreements for Engineering and Professional Services for Water Distributions System Improvements and Operations, with Blount Sikes & Associates, Orlando; CPH Engineers, Sanford; Inwood Consulting Engineers, Orlando; The Spivey Group, Inc., Orlando; and Professional Engineering Consultants, Orlando (August 15, 2002 through August 14, 2003) (Not-to-Exceed $550,000.00 per year).

44.  Approve Second/Final Renewal for PS-563-00/BJC – Master Agreements for Engineering Financial Services for Water, Wastewater and Reclaimed/Reuse, with Black & Veatch, Orlando; Hartman & Associates, Orlando; Malcolm Pirnie, Maitland; and PBS&J, Orlando (September 2, 2002 through September 1, 2003) (Not-to-Exceed $75,000.00 per year).

45.  Approve Second/Final Renewal for PS-570-00/BJC – Engineering Services for the Consumers/Lake Hayes Water Transmission Main, with Inwood Consulting Engineers, Inc., Orlando (August 8, 2002 through August 7, 2003) (Not-to-Exceed $331,000.00).

46.  Approve First Renewal for PS-590-01/BJC – Continuing Contracts for Engineering Services for Minor Roadway and MSBU Design Projects (construction costs less than $500,000.00), with Inwood Consulting Engineers, Inc., Orlando; Metric Engineering, Winter Park; Professional Engineering Consultants, Inc. (PEC), Orlando and TEI Engineers & Planners, Lake Mary (Not-to-Exceed $1,000,000.00 per year/August 30, 2002 through August 29, 2003).

48.  Approve Amendment #1, as shown on page ________, to Work Order #1 - Airport Boulevard - Phase II, RFP-489-00/BJC - Appraisal Services, with Florida Realty Analysts, Inc., Orlando and waive County Manager's Internal Policies and Procedures, Section 56 ($15,000.00).

49.  Approve Amendment #1, as shown on page _______, to RFP-4126-01/BJC – Wood Waste Processing Agreement, with Consolidated Resource Recovery, Inc., Sarasota (Additional Scope of Services).

50.  Approve and authorize the Chairman to execute the Assignment, as shown on page _______, of one of the Master Agreement under RFP-489-00/BJC - Appraisal Services for Miscellaneous Projects, from Hastings & Spivey, Inc. to The Spivey Group, Inc., Orlando (Consent to Assign).

51.  Approve and authorize the Chairman to execute the Assignment, as shown on page ________, of one of the Master Agreements under RFP-471-99/BJC - Eminent Domain and Litigation Support Services - Real Estate Appraisal, from Hastings & Spivey, Inc. to The Spivey Group, Inc., Orlando (Consent to Assign).

52.  Clarification, as shown on page _______, to RFP-4129-01/BJC - Right-of-Way Acquisition Services for Lake Drive Road Improvements project, with PBS&J, Orlando (Contract changes).

53.  Approve Second/Final Renewal to RFP-424-98/BJC – Broker Services, with Arthur J. Gallagher, Orlando (August 12, 2002 through August 11, 2003) (Not-to-Exceed $60,000.00 per year). 

54.  Approve Second/Final Renewal to RFP-490-00/BJC - Traffic Data Collection, with Traffic Count Resources, Oviedo (Not-to-Exceed $200,000.00) (September 30, 2002 through September 29, 2003).

55.  Authorize staff to negotiate and award RFP-4155-02/BJC, as shown on page _______, Develop a Terrorism Annex to the Seminole County Comprehensive Emergency Management Plan (CEMP) to Applied Marine Technology, Inc., Virginia Beach, VA (Not-to-Exceed $50,000.00).

56.  Award RFP-4125-01/GG, as shown on page ________, Lease of Enterprise Print System, to Xerox Corporation, Orlando (Not-to-Exceed $568,953.36 for six (6) years).

57.  Award RFP-4147-02/LJS, as shown on page _______, Term Contract for Mosquito Control, to Clarke Mosquito Control of Kissimmee (Not-to-Exceed $578,450.00 per year for five (5) years).

58.  Approve and Award Bid #282-02/GMG, Sale of County Owned Surplus Property - Single Family Home, Structure and Land located at 7725 Fox Knoll Place, Winter Park to John P. Caswell of Altamonte Springs for $96,625.00.

59.  Approve Amendment #2 to AB-382-00/GG – Landscape Construction, with Vila & Son Landscaping Corporation, Winter Garden (Increasing the contract value by $50,000.00).

60.  Approve Amendment #1, as shown on page ________, to M-248-01/BJC – Design and Construction Administration Phase of the repairs to the Sheriff’s Office and Public Safety Building Remediation Project, to Wiss, Janney, Elstner Associates, Inc., Atlanta, Georgia (Not-to-Exceed $400,000.00) (Time Extension).

61.  Terminate Miscellaneous Contract M-291-01/BJC - Billing and Collection Services with Medical Claims Processors Group (MCPG), Jupiter.

62.  Report of an Emergency Purchase Order (EPO) for the repair of well #4 at Consumers Water Treatment Plant.

 

Planning & Development

Community Resources

63.  Approve and authorize Chairman to execute five Satisfactions of Mortgages, as shown on page _______, for Eugenio Marco & Lila J. DiBiase, Lee F. & Anita M. Messer, Luis M. & Ivette Cruz, Barbara F. Krah, and Barbara M. Clayborne, for household assistance under the SHIP Program’s Home Ownership Assistance Program.

64.  Adopt Resolution #2002-R-85, as shown on page ________, naming an unnamed ingress/egress street labeled Tract A on the plat of Viscaya located off W. Lake Brantley Road, Altamonte Springs, as Viscaya Cove.

Development Review

65.  Approve Final Plat for Lake Forest Section 10B located on the south side of Orange Boulevard, north of SR 46 and south of Nevada Ave. (Dyer, Riddle, Mills & Precourt representing Orlando Lake Forest Joint Venture).

66.  Adopt Resolution #2002-R-86, as shown on page ________,  vacating and abandoning the 4’ x 15’ utility easement located on the north side of Lot 12 of Green Village Subdivision at 223 Graham Road, Casselberry, Robert & Cindy Lehn.

67.  Approve Minor Plat for East Cove at Silver Lake, located on the west side of 3220 Ohio Avenue, approximately l/2 mile north of Silver Lake Road, Carol Kirchhoff.

68.  Approve Minor Plat for Lake Irish located on Markham Road, directly north of the intersection of Markham Road and Markham Woods Road, William Parker, Primera General Partnership.

69.  Approve Minor Plat for Valhalla located at 3455 East State Road 46, on the south side of East State Road 46, approximately 1 mile east of Jungle Road in Geneva, Steve and Nancy Anderson.

70.  Accept Open Space Easement, as shown on page _______, for the Hilltop Subdivision located at 703 Brumley Road to the east of Avenue H and south of Brumley Road within the East Rural Area immediately to the east of the Chuluota Village, Dave Axel.

 

Public Works

Engineering

71.  Approve and authorize Chairman to execute the Interlocal Agreement, as shown on page _______; Interlocal Transfer, as shown on page ________, relating to a Portion of County Road 426 (Exhibit B); and the Acknowledgement of Interlocal Transfer, as shown on page _______, by Seminole County, Florida to The City of Oviedo relating to a Portion of County Road 426 (Exhibit C). 

72. Adopt Resolution #2002-R-87, as shown on page _______, accepting the Quit Claim Deed, as shown on page _______, from Bear Lake United Methodist Church, Inc. to Seminole County for roadway improvements to Seminole Drive. 

Road Operations/Stormwater

73. Approve and authorize Chairman to execute Revenue Agreement, as shown on page _______, for the Seminole County Watershed Action Volunteer (WAV) Program Coordination. 

74. Authorize release of Road Maintenance Bond #20-83-77 (Taylor Woodrow Communities) in the amount of $41,953 for the project known as Alaqua Lakes Phase 4; and Maintenance Bond #3SM-956-626-00 (Engineered Homes) in the amount of $43,107.37 for the project known as Egrets Landing Phase I.

Traffic Engineering

75. Approve and authorize Chairman to execute Amendment No. 1, as shown on page ________, to the Signage Agreement between Seminole County, and Carillon Community Residential Association, Inc.  

76. Approve and authorize Chairman to execute the Local Agency Program Agreement (LAP), as shown on page _______, to construct a right turn lane at SR 46 and Beardall Avenue. 

 

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

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47.     Commissioner Morris recommended bringing back request to Award RFP-4138-02 during the next meeting.

Motion by Commissioner Morris, seconded by Commissioner Henley to continue to May 28, 2002, consideration of request for approval of RFP-4138-02/BJC, Seminole County Official Visitor Guide to Miles Media Group, Inc.

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

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17.     Request for approval of Jobs Growth Incentive Agreement with Unicell Paper Mill, Inc. was presented.

     Commissioner Maloy stated he continues to oppose the Jobs Growth Incentive Economic Development Agreements.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the Jobs Growth Incentive Economic Development Agreement and Letter of Credit, as shown on page _______, with Unicell Paper Mill, Inc.

     Districts 2, 3, 4 and 5 voted AYE.

     Commissioner Maloy voted NAY.

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     Chairman McLain advised that Item #35 has been pulled for this afternoon’s meeting.

CONSTITUTIONAL OFFICERS

CLERK’S CONSENT AGENDA

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

A.   Expenditure Approval Lists, as shown on page ________, dated April 16, 23 and 30, 2002; and Payroll Approval Lists, as shown on page _______, dated April 11 and 25, 2002.

 

B.   Chairman to execute the following Satisfactions Of Judgment/$40 Application Of Indigency Fees:

    

     Angel Bonilla, Case #99-12971MMA

     Expeditas Reyes, Case #01-994-CFA

     Benjamin Rios, Case #99-4620-CFA

     Michael Smith, Case #00-2833-CFA

     William R. Stephens, Case #99-4256-CFA

     Jeanette Joy Williams, Case #01-2558-CFA

     James Paul Windes, Case #01-667-CFA

 

C.              Chairman to Execute the following Satisfactions of Judgment/Court Costs:

 

     Keith Coleman, Case #02-900-MMA - $198 Court Costs & Application of Indigency Fees

     Linda Carol Dillon, Case #95-11232-MMA - $540 Fine   and Court Costs

     Maximo Gomez, Case #00-5749-MMA - $158

     Jason A. Harrelson, Case #01-1495-CFA - $153

     Rosemary G. Hoppe, Case #01-2540-CFA - $328

     Betty Jean Lloyd aka Betty Jean Moore – Case #96-3145-CFA - $255

     Danny Taylor, Case #01-2686-CFA - $153

     Kevin Earl Taylor, Case #00-2068-CFA - $328

 

D.   Chairman to execute Satisfaction Of Judgment/Bail Bond Lien for    Ernest Cottom, Jr. & Amwest Surety Ins. Co. - $3,038.

 

E.   Approval of BCC Official Minutes dated April 9 and April 23, 2002.

 

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.        First Amendment, as shown on page ________, to Work Order #5 to PS-566-00.

 

2.        First Amendment, as shown on page ________, to Work Order #6 to PS-566-00.

 

3.        Work Order #2, as shown on page ________, to PS-583-01.

 

4.        Work Order #1, as shown on page _________, to RFP-4123-01.

 

5.        Satisfactions of Second Mortgage, as shown on page _________, for Jacquelne Willingham and Regina A. Brown for household assisted under the SHIP Home Ownership Assistance Program, as approved by the Board on Sept. 11, 2001.

 

6.        M-306-02, as shown on page ________, Engineering Services Agreement for Museum Lighting Renovation with Matern Professional Engineering.

 

7.        Documents, as shown on page ________, submitted into the Record for Airport Blvd., East Lake Mary Blvd., SR 46A, Lake Emma Road, Lake Drive and Wymore Road projects as follows:  Special Warranty Deed for Charles W. Beck and Warranty Deed and Temporary Construction Easement for Richard Joyce and David Redwine; Special Warranty Deed for Helen Howland Holdings, Inc.; Title Policy #FA-35-721121 and Temporary Construction Easement for Phillip Curry; Temporary Construction Easements for Orthodox Church of St. Stephen the Protomartyr and Homeowner’s Association of Osprey Pointe; Warranty Deeds for Narbi International Investments, Strong Intergroup Corp. and John & Jane Henry; and Title Policy #FA-35-734378.

 

8.        Conditional Utility Agreements, as shown on page _________, for water and sewer service with Orlando Lake Forest Joint Venture for the project known as Lake Forest Section 18.

 

9.        Conditional Utility Agreements, as shown on page _________, for water and sewer service with Jeffrey Campbell for the project known as Jeffrey Campbell Insurance Office Building.

 

10.         Customer Agreement, as shown on page ________, for Reclaimed Water Rates, and Reclaimed Water Flow, Distribution, Delivery and Spray Easement with HIBC 701 LLC; HIBC 801 LLC, HIBC 901 LLC; 1000 Business Center Drive Development Co.; and Heathrow Hotel Owners, LLC.

 

11.         Amendments, as shown on page ________, to Conditional Utility Agreements for water and sewer service with Lutheran Church of Lake Mary.

 

12.         Certified copy of Partial Release of Covenant to Comply, as shown on page _________, with Seminole County Ship Program for Wyman Fields Foundation, as approved by the Board on October 23, 2001.

 

13.         Work Orders #32 and #33, as shown on page ________, to FC-1139-00.

 

14.         Work Order #2, as shown on page _________, to PS-576-00.

 

15.         Work Order #13, as shown on page ________, to PS-590-01.

 

16.         Work Order #6, as shown on page ________, to PS-551-00.

 

17.         Work Order #29, as shown on page ________, to PS-556-00.

 

18.         First Amendment, as shown on page ________, to Work Order #39 to PS-532-98.

 

19.         Work Order #3, as shown on page _________, to PS-593-01.

 

20.         Work Order #1, as shown on page ________, to PS-5100-01.

 

21.         Work Order #6, as shown on page _________, to RFP-489-00.

 

22.         Work Order #6, as shown on page _________, to PS-594-01.

 

23.         M-207-02, as shown on page _________, Consultant Services Agreement with PA Consulting Group for assessment of water and wastewater sections.

 

24.         Satisfaction of Connection Fees, as shown on page _________, for the project known as Canterbury Cove, Lot 68.

 

25.         Conditional Utility Agreements, as shown on page _________, for water and sewer service with William J. and Biddie R. Ault for the project known as Ault Systems Office & Warehouse.

 

26.         Private Road Maintenance Bond #929142649, as shown on page ________, in the amount of $25,418 for the project known as Aloma Woods Phase 8 and Right-of-way Utilization Permit Maintenance Bond #929199739, as shown on page ________, in the amount of $39,517 for the project known as Colonial Grande Apartments.

 

27.         Work Order #9, as shown on page _________, to RFP-471-99.

 

28.         Work Order #2, as shown on page _________, to PS-559-00.

 

29.         Letter to Sandy McCann from Geraldine Harford, Tax Deed Clerk, Clerk of the Circuit Court, submitting a list of Tax Deeds for lands available for tax deed sale.

 

30.         Work Orders #14 and #15, as shown on page _________, to PS-590-01.

 

31.         Letter from Suzanne Gable, St. Johns River Water Management District, to Clerk to BCC, submitting a copy of the Annual Financial Report for 2000-2001.

 

32.         Audit submitted by Maryanne Morse, Clerk of Circuit Court, of Professional Service Contracts for the Engineering Division.

 

33.         Interlocal Agreement, as shown on page ________, with the University of Central Florida for the collection and analysis of water quality data.

 

34.         Performance Bonds #B21846996 in the amount of $151,276.51, and #B21846997, as shown on page ________, in the amount of $413,052.37, for Orlando Lake Forest, Section 10B and Performance Bonds #003993 in the amount of $159,877.85 and #003992, as shown on page _________, in the amount of $42,473.20 for Orlando Lake Forest, Section 11B.

 

35.         First Amendment, as shown on page ________, to M-207-00 to SCA Software Maintenance with Motorola, Inc.

 

36.         Change Order #1, as shown on page ________, to FC-1125-00.

 

37.         Seminole County Investment Policy, as shown on page ________, as amended on April 9, 2002.

 

38.         Change Order #1, as shown on page ________, to FC-1143-01.

 

39.         Bids as follows:  IFB-282-02; CC-1182-02; IFB-3044-02; IFB-3049-02; RFP-4147-02; RFP-4153-02; RFP-4155-02; and PS-5115-02.

 

SHERIFF’S CONSENT AGENDA

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

83. Budget Amendment Resolution #2002-R-88, as shown on page _________, $17,000 – Sheriff’s Office: 00100 – General Fund.  The Sheriff’s Office has received a sub-grant award from the National Sheriff’s Association in support of our Critical Incident Team efforts in the amount of $17,000.  No additional cash match is required for this program.  This program does not include any new positions.

84. Budget Amendment Resolution #2002-R-89, as shown on page _________, $93,056 – Sheriff’s Office: 00100 – General Fund.  The Sheriff’s Office has received grant awards for continuation of the Gang Resistance Education and Training (G.R.E.A.T.) from the Department of Treasury Bureau of Alcohol, Tobacco and Firearms.  The adjustment is $93,056.  No additional cash match is required for this program.  This program does not include any new positions.  

 

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

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     Chairman McLain recessed the meeting at 10:47 a.m., reconvening at 11:00 a.m.

REGULAR AGENDA   

     Chairman McLain stated Commissioner Morris has requested that Item #90, RFP-4145-02 Bus/Transit Shelters, be continued to this afternoon’s meeting.

COUNTY MANAGER’S BRIEFING

     Chairman McLain advised that Item #91, Seminole County Board of Adjustment (BOA) will be moved to this afternoon’s meeting, as the BOA Chairman will be unable to attend until then. 

     Commissioner Maloy stated he wouldn’t be opposed to moving this item until the next meeting since it is so in depth.  The Board voiced no objections.

REGULAR AGENDA (Continued)

85.     Cindy Matheny, Planning, addressed the Board to present request for approval of Final PCD Master Plan and Developer’s Commitment Agreement for Mirror Lake Commercial PCD, approximately 9.3 acres located at the southeast corner of the intersection of SR 436 and Bear Lake Road, John Percy.  Staff recommends approval of the request.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve Final PCD Master Plan and Developer’s Commitment Agreement for Mirror Lake Commercial PCD, approximately 9.3 acres located at the southeast corner of the intersection of SR 436 and Bear Lake Road, John Percy, with staff recommendations.

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

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86.  Mark Flomerfelt, Road Operations & Stormwater Manager, briefly presented request for approval of the Lake Howell pond/wetlands exchange with or without environmental permitting restrictions. 

     Commissioner Maloy asked where would the 5 acres be in the agreement as he understands there is a conservation easement and an additional three or five acres.

     Steve Lee, Deputy County Attorney, addressed the Board to state he doesn’t believe the legal description has been provided, as it has not been determined whether the five acres would be outside of the conservation easement. 

     Ed Torres, Stormwater, addressed the Board to state he believes the legal description has been attached. 

     Upon inquiry by Commissioner Maloy, Mr. Lee advised except for 5 acres it will be subject to a conservation easement.

     Commissioner Maloy stated the conservation easement would still go to St. Johns River Water Management District if this deal doesn’t go through.  He stated he also understands that there has been another offer brought forth.

     Mr. Grace stated staff received a letter from the law firm of Fishback Dominick, Bennett, etc.  He stated if the Board gets into a bidding situation and wants to entertain other offers coming in, he would recommend going into a bidding process.

     Upon inquiry by Commissioner Maloy, Mr. Lee advised the pond is to be maintained for functional purposes by the County and the applicant will maintain the aesthetic improvements.  He stated staff could add a provision in the agreement if the applicant does not own up to the mowing aspect.

     Upon inquiry by Commissioner Henley, Mr. Torres advised samples of the water were taken from the pond on Tuesday and they found 300 chloroforms and the rest of the samples were received this morning and there is high phosphorus found as well. 

     Upon inquiry by Commissioner Maloy, Bob Musser, 106 Longhorn Road, addressed the Board to state he believes everyone is in favor of the land swap as long as it improves Lake Howell and the County can come up with a real live engineering plan that shows how water can be stored and how they can improve the quality of Lake Howell. 

     Upon further inquiry by Commissioner Maloy, Mr. Bob Musser advised the negative impact on this is there will be 33 or 48 additional apartments built, therefore, 96 additional cars will be parked in this apartment complex.  The negative impact is there will be 248 additional car trips of oil and gas going into Lake Howell.

     Mr. Flomerfelt advised any treatment in those wetlands would be an improvement and an enhancement to the area. 

     Upon inquiry by Chairman McLain, Mr. Flomerfelt advised St. Johns River Water Management District’s priority is to improve the quality of the Lake Jesup basin.  He stated they will be working with the County in developing a strategy and a plan.

     Upon inquiry by Commissioner Maloy, Mr. Musser advised that 77 members of his homeowners association are opposed to this swap.

     Commissioner Henley stated he would like to know why this swap is necessary since it is part of the conservation easement that has been worked out with St. Johns.

     Mr. Flomerfelt stated this is regarding the ownership of the entire wetlands.  The County would own the entire wetlands fee simple with a 17-acre easement on top of that to the Water Management District.

     Chairman McLain stated based on the additional trips and apartments that will be built, he would like clarification as to how many additional units will be generated.

     Meredith Harper, Shutts & Bowen, addressed the Board to advise there will be 33 additional dwelling units transferred from the County pond property.  She stated she would like to clarify that the developer could have impacted additional wetlands to achieve that unit count.  If the exchange does not work, they would impact an additional couple of acres.  It will not be required as a conservation easement as you can mitigate off site.

     Chairman McLain stated if this land swap does not take place, then Shutts & Bowen is prepared to move forward with the legal channels with St. Johns to get the additional 33 units.  Ms. Harper stated they would have to modify their existing permit to do that.

     Upon inquiry by Commissioner Morris, Steve Lee stated the County will be reserving the perpetual use of the pond property for the drainage and retention purposes.

     Commissioner Morris stated the taxpayers will not be losing anything and the County will still use the land for the same purpose they acquired the land in perpetuity. 

     Upon inquiry by Commissioner Morris, Mr. Flomerfelt advised the County has not done this type of project before, but they have worked with other people doing this type of project.  Discussion ensued.

     Upon further inquiry by Commissioner Morris, Mr. Grace advised he still recommends this project.  He stated this is something that the County needs to move forward with.  The County is taking the first step in securing the property and this is a project that is important for this basin.

     Upon inquiry by Commissioner Morris, Mr. Flomerfelt advised the reason they are not moving forward with other projects has to do with funding and priorities with the district.  There are other projects that have been completed were State funded within the basin.

     Chairman McLain stated he has complete confidence in staff’s ability to work with St. Johns to improve the water quality.

     Commissioner Maloy stated he has looked at the pros and cons of this project and he believes that everyone would like to see their water quality improved.  He stated he still has an uncomfortable feeling in moving forward with this at this point.  On the pro side there is a conservation easement to the St. Johns River Water Management District but that situation exists with every scenario.  It could improve the water quality, but they do not have a base line of what the problem is and they do not have a plan to control the apartment complex property next to this property as well. 

     Motion by Commissioner Maloy, seconded by Commissioner Henley not to proceed with the Lake Howell pond/wetlands exchange.

     Under discussion, Commissioner Henley stated the reason he feels the way he does is the County already has over 17 acres and the remaining 5 acres is supposed to be the best quality of wetlands.  He stated the lake is not yet contaminated and he doesn’t see the need to go in there and hamper the flow into Haines Creek.  These types of densities they are dealing with impact the school system and the cost of living, and those apartments will contribute to that.  He said the County has not established base line data as to what is coming out of Haines Creek, therefore, they have no way knowing whether or not this will be an improvement.  He added he feels there is a lot of information that could have been gathered that might have put the citizens and this Board more at ease in dealing with the issue. 

     Districts 1 and 4 voted AYE.

     Commissioners Morris, Henley and McLain voted NAY, whereupon, the motion failed for lack of a majority vote.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Resolution #2002-R-90, as shown on page _________, authorizing execution of the Property Exchange with KGB Lake Howell, LLC (Developer for the Estates of Lake Howell) and Seminole County; Declare as surplus the fee simple interest in the pond property described in Exhibit “A”, reserving the County a perpetual exclusive drainage and maintenance easement  over the property and releasing any interest in petroleum, phosphates, minerals or metals or the privilege to mine and develop same; determine that the exchange is contingent upon SRJWMD Version 1 of the Agreement, as shown on page ________, issuance of an ERC permit for the Developer’s project; and authorize the Chairman and other County officials to execute any and all documents, as shown on page _______, required to implement the exchange of property.

     Under discussion, Commissioner Morris stated this has been a difficult issue, but the issue is the City of Casselberry has already approved the project and the apartments will go there and additional mitigation can occur.  He stated in 1½ years, the environmental lift will be there and he hopes Mr. Musser’s concerns will be proven correct. 

     Chairman McLain stated many times the Board sees environmental concerns being considered in favor of not developing property, but in this case they are seeing a development they can get lift from through the exchange.  He stated the Board expects staff to come forward with their best recommendation.  He said he is going to support the motion as he feels it is the right thing to do for the environment.

     Commissioner Van Der Weide stated he has seen controversial issues dealing with the tremendous amount of flooding in the Bear Lake community.  He stated the residents in that area had tremendous concerns but the way it ended up is the whole community has gone from flooded yards to well-drained areas.  He said he feels there will be an improvement to the lake and he feels comfortable that with the slight increase in density the whole thing will be a major improvement.

     Commissioner Henley stated he doesn’t think this a situation that the Board needs to get into.  He stated Statute 125 states that the Board needs to determine that it is no longer needed in order to exchange property.  That law doesn’t say as long as you can retain use.  The citation refers to another section of the law and that is not to exchange the property.  Any future Board can give up ownership to County property as long as they can retain that and then allow those units to be transferred to a more desirable piece of land to increase density.  He said he doesn’t think the Board should be setting this type of precedence. 

     Districts 2, 3, and 5 voted AYE.

     Commissioners Maloy and Henley voted NAY.

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     Kevin Grace, County Manager, left the meeting at this time and was replaced by Deputy County Manager, Sally Sherman.

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87.     Jerry McCollum, County Engineer, addressed the Board to briefly present request to Appeal the denial to approve a right-in/right-out driveway for the CVS Pharmacy (Store No. 3757), located in the northeast quadrant of Maitland Blvd. and Bear Lake Road, Bob Hattaway.

     District Commissioner Van Der Weide stated he has worked with this particular piece of property and with the applicant and the neighbors in this area.  He stated the applicant has done an unbelievable amount of work and he has no objection to the request.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the appeal and grant approval of a right-in/right-out driveway for the CVS Pharmacy (Store No. 3757), located in the northeast quadrant of Maitland Blvd. and Bear Lake Road, Bob Hattaway.

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

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     The Board recessed the meeting at 11:50 a.m., reconvening at 1:32 p.m., this same date, with all Commissioners, with the exception of Commissioner Morris who entered late, and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

AWARDS & PRESENTATIONS, CONTINUED

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-79, as shown on page _______, commending the Lake Mary Girls Soccer Team for achieving the title of Class 4A State Champions. 

     Commissioner Morris entered the meeting at this time. 

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

     The Resolution was presented to Principal Boyd Karns, Head Coach Bill Eissele, and the team. 

     Boyd Karns, Principal, and Lindsay (Captain) addressed the Board to express their appreciation. 

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     Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt appropriate Resolution #2002-R-81, as shown on page _______, commending Jason Robbins, Oviedo High School Wrestler, for achieving the individual Gold Wrestling Title in the 112-pound finale event in Lakeland, Florida. 

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

     The Resolution was presented to Jason and his coach who addressed the Board to express their appreciation. 

PRESENTATION BY CITY OF OVIEDO

     Tom O’Hanlon, Chairman of the City of Oviedo Council, addressed the Board to thank the Board for asking him to make this presentation.  He stated the City has grown tremendously over the past two decades and they expect that growth to accelerate in the future.  He reviewed the following:  new improvements for the City’s transportation network; new downtown development project (Oviedo Place); renovation of the old downtown area; Winter Miles Park; and new Little League and soccer fields.  Pamphlet regarding Oviedo Place was received and filed. 

     Commissioner Van Der Weide left the meeting during this discussion. 

     Chairman O’Hanlon continued his presentation discussing the new skateboard park and the new aquatic center. 

     Commissioner Van Der Weide re-entered the meeting at this time. 

     Chairman O’Hanlon advised they are working to get a hospital located within the City.  He said they are ahead of schedule in getting reclaimed water available to residents. 

     Commissioner Van Der Weide stated Oviedo is the fastest growing city in the County and probably in the Central Florida area. 

     Commissioner Morris asked if the City would like the County to adopt a resolution in support of having the hospital located in Oviedo.  Whereupon, Chairman O’Hanlon stated that would be greatly appreciated. 

     Chairman McLain advised the County Manager will bring back the resolution to the Board for consideration at the next Board meeting. 

     Chairman O’Hanlon thanked the Board for all their assistance. 

PROOFS OF PUBLICATION

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings. 

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

CONSIDERATION OF DEVELOPMENT

AGREEMENT, FLORIDA JAI ALAI

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Development Agreement between Seminole County and Florida Jai Alai, Inc., to construct a point-of-sale sign in return for removing three outdoor advertising signs, received and filed. 

     Planning & Development Director, Don Fisher, addressed the Board to advise this is the second public hearing to consider whether the County should enter into a Development Agreement, as provided by the Land Development Code, with Jai Alai, Inc.  The proposed agreement provides for a sign height variance from 15 feet to 19.4 feet and a sign square footage variance from 510 square feet to 620.5 square feet in return for the removal of three outdoor advertising signs in the year 2012.  He reviewed the discussion at the first public hearing.  He further advised that staff would like to insert, “.5 foot candle powers for offsite spillage” under Section 8(e) page 7 of the agreement. 

     With regard to the new Billboard Legislation, Mr. Fisher stated the County Attorney’s Office feels that the County would be put in the position to have to pay some kind of compensation.  He said that it is staff’s opinion that this request is not significant enough, and they feel it is worth the risk and would recommend approval for the County to enter into this agreement. 

     Upon inquiry by Commissioner Maloy, Mr. Fisher advised this would be physical removal of the billboard and the compensation related to that. 

     Commissioner Maloy expressed his concern with the County going onto the property and destroying the sign. 

     County Attorney, Robert McMillan stated he thought that language had been taken out of the agreement.  He advised that what he understood, was that in the event Jai Alai were to renew the lease and breech the development order, the County could then go on and remove the billboard.  The way he understands his staff and Mr. Fisher read this provision is that if the Jai Alai should terminate the lease and the billboard company no longer has a right to be on the property, and the billboard company refused to take it down, then the County could do it.  He said this just needs to be clarified that if Jai Alai were to breech the lease, that the County would not have the right to remove the board and Jai Alai that would be in breech of the contract with the County; and the County’s remedy would be with Jai Alai and not the billboard company. 

     Upon inquiry by Chairman McLain, Mr. Fisher stated the County Attorney’s clarification is fine with him. 

     Assistant County Attorney, Karen Conselo, addressed the Board to state they were afraid the billboard company would leave behind the billboard itself and someone needed to have authority to go in there and take down what remained of the sign.  She added that they can add language to the agreement that it would be limited to that circumstance. 

     Mr. Soper, President of the Orlando Jai Alai, addressed the Board to state it is not their intention to renew the lease at all.  He said they are also willing to put in a reverter clause that there not be any billboards on the property.  He added that he is in agreement with the proposal. 

     No one else spoke in support or in opposition. 

     Ms. Conselo advised Section 9 Remedies would read as follows: “In the event Jai Alai terminates one or more of the billboard leases and despite such termination the signs remain on the property, then the County shall have the right to enter Parcels A, B, or C ...” 

     Motion by Commissioner Henley, seconded by Commissioner Morris to authorize the Chairman to execute Development Agreement, as shown on page _______, as amended, with Florida Jai Alai, Inc., to construct a point-of-sale sign in return for removing three outdoor advertising signs. 

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

AMENDMENT TO FINAL MASTER PLAN,

RED BUG VILLAGE PUD/PCD, CPH ENG., INC.

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Amendment to Developer’s Commitment Agreement and Final Master Plan for the Red Bug Village PUD/PCD located on the northeast corner of Red Bug Lake road and east of Dodd Road, CPH Engineers, Inc., received and filed. 

     Planner, Amanda Smith, addressed the Board to present the request, advising the applicant is requesting to amend the developer’s commitment agreement to extend hours of operation for the retail component from 7:00 a.m. to 11:00 a.m. to permit a 24-hour/day grocery store.  The remainder of the uses within the development would adhere to the approved hours of operation for the PUD/PCD.  She advised that the Vision 2020 Comp Plan states that through sensitive site plan design, buffering, architectural controls, and limited hours of operation, the Planned Development land use designation may be appropriate adjacent to residentially-designated properties.  Planning staff believes that the current Developer’s Commitment Agreement and permitted uses better accomplish the transitioning of uses and buffering adjacent to residentially-zoned properties.  Furthermore, if the proposed request is granted, the lighting and noise from the grocery store parcel and from additional traffic may adversely affect the existing single family residential to the southwest and the multi-family to the north.  Therefore, the staff does not recommend approval of the proposed revision for the 24-hour grocery/retail store. 

     Discussion ensued between District Commissioner Maloy and Ms. Smith with regard to staff’s previous recommendation concerning the hours of operation. 

     Peter Sutch, PCH Engineers, Inc., addressed the Board to request approval for the 24-hour operation for the grocery store only.  He said Wal-Mart is proposing to put in a Wal-Mart Neighborhood Market, which is strictly a grocery store with a pharmacy.  He said since Wal-Mart will be taking ownership of the entire tract, they have agreed to prohibit any type of bars, package store or any type of liquor sales within the development.  He stated that the architectural and aesthetic treatments approved at the last meeting still will be done.  They will also comply with the hours of delivery and will enhance the buffers as required.  In addition, they will comply with the 15-foot light poles. 

     Upon inquiry by Commissioner Maloy, Mr. Sutch advised that during meetings with the homeowners, there was a discussion about a dual left turn lane coming off of Red Bug and onto Dodd.  He said there is not a requirement for a dual left, but Wal-Mart would help in participating with the County to do the left lane turn. 

     Upon inquiry by Commissioner Henley, Mr. Sutch stated that package sales would also be prohibited in the grocery component. 

     Kevin Rogers, Real Estate Manager for Wal-Mart, addressed the Board to advise they have met with the homeowners associations.  He said they have made many concessions, but they do need to have the store open 24 hours. 

     No one else spoke in support or in opposition. 

     Upon inquiry by Commissioner Morris, Planning Manager, Matt West, advised this development will meet the new lighting restrictions. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve revisions to the Developer’s Commitment Agreement, as shown on page _______, and Final Master Plan for the Red Bug Village PUD/PCD located on the northeast corner of Red Bug Lake Road and east of Dodd Road, allowing the grocery store component only to be a 24-hours operation; restricting the entire parcel on the north side from any hard liquor sales which would include restaurants and bars; that the lighting will be in compliance of the proposed standards; and there be a pro rata share of any additional dual left turns, if warranted. 

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

REGULAR AGENDA, CONTINUED

     Purchasing Director, Ray Hooper, addressed the Board to request direction with regard to RFP-4145-02/BJC, Request for Proposals for Bus/Transit Shelter Design, Fabrication, Installation, Operation, Repair and Maintenance and Advertising for Seminole County. 

     Commissioner Maloy stated that in looking at the two proposals (Maverick Bench Media Co., Inc. and Culver Amhert), they appear to be very competitive and at this point he does not see any need to stop the process.  He said he would recommend moving forward and letting the staff evaluate the proposals. 

     Chairman McLain suggested having the selected company also remove the benches at the end of the contract term.  Whereupon, Planner, Alice Gilmartin, addressed the Board to advise that could be worked out with the selected vendor. 

     Chris Culver, representing Culver Amhert, and Dean Cannon, representing Maverick Bench Media Company, Inc., addressed the Board to briefly answer questions by the Board. 

     Both Mr. Culver and Mr. Cannon advised they would have no problem removing the benches should the County wish them to. 

     Upon inquiry by Commissioner Morris, Mr. Culver and Mr. Cannon advised that they have not lobbied any commissioner regarding this proposal. 

     Upon further inquiry, Mr. Cannon and Mr. Culver advised that including the Cities of Sanford and Casselberry would not be a problem. 

     Speaker Request Forms were received and filed. 

     Mr. Hooper stated he sees no reason to stop this RFP process. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve moving forward with the RFP process with regard to RFP-4145-02/BJC, Request for Proposals for Bus/Transit Shelter Design, Fabrication, Installation, Operation, Repair and Maintenance and Advertising for Seminole County. 

     Under discussion, Commissioner Morris suggested both companies look at the right-of-way constrictions that some of the sites have. 

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

PUBLIC HEARINGS, CONTINUED

ORDINANCE RE:  CABLE TELEVISION

 

     Continuation of a public hearing to consider an Ordinance pertaining to Cable Television in Seminole County, as described in the proof of publication. 

     Telecommunications Manager, Greg Holcomb, and Cable Franchising Program Manager, Matt Chesler, addressed the Board to present the proposed ordinance, which would repeal the existing Cable Television Franchise Ordinance designated as Chapter 55, Part 1 of the Seminole County Code.  Copy of Memorandum dated May 10, 2000 regarding some minor wording changes was received and filed. 

     Mr. Chesler stated staff recommends approval of the proposed ordinance with changes as outlined in the memorandum. 

     Cindy Gennell, Council of Local Governments, addressed the Board to speak in support of the option of the third channel which would provide for the future needs of the citizens. 

     Attorney Frank Kruppenbacher, representing Time Warner Cable, addressed the Board to advise they have agreed to set aside an additional channel for education.  However, with regard to the third channel, Time Warner is asking that the Board allow that the third channel would be added within five years.  He said this will let them plan for that channel. 

     Upon inquiry by Commissioner Van Der Weide, Attorney Kruppenbacher advised during the week of May 13, approximately half of the programming on the County’s channel was repeat. 

     Commissioner Maloy stated the five-year time frame was supported by CALNO. 

     Commissioner Van Der Weide stated he would not have any problem supporting the third channel within the next five years. 

     Chairman McLain stated he believes it is very important that the County have adequate channels for public information; however, he did have some reservations about sitting on a channel for four years.  He further stated he believes the five-year notice is a good compromise. 

     No one else spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #2002-23, as shown on page _______, repealing the existing Cable Television Franchise Ordinance designated as Chapter 55, Part 1 of the Seminole County Code; replacing said Cable Television Franchise Ordinance with an all new Cable Television Franchise Ordinance designated as Chapter 55, Part 1 of the Seminole County Code and containing Sections 55.1 through Section 55.37; as amended to include notification of adding a third channel within five years, as described in the proof of publication. 

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

INTERNET SAFETY POLICY

     Proof of publication, as shown on page _______, calling for a public hearing to consider the adoption of the Internet Protection Policy, as required by the Children’s Internet Protection Act (CIPA), received and filed. 

     Jane Peterson, Library Services Manager, addressed the Board to briefly present the request. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the Internet Safety Policy as required by the Children’s Internet Protection Act (CIPA), as described in the proof of publication. 

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

REGULAR AGENDA, CONTINUED

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize two additional positions (Principal Analyst/Pay Band 7 and Specialist/Pay Band 4) in the Engineering Division to support the Renewed 2001 Ten-Year/One-Cent Sales Tax Program. 

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

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     County Engineer, Jerry McCollum, addressed the Board to briefly present request for approval of the sidewalk program for the Renewed 2001 Ten-Year/One-Cent Sales Tax. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the General Guidelines for the Renewed 2001 Ten-Year/One-Cent Sales Tax Sidewalk Program. 

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

CONSENT AGENDA, CONTINUED

     Craig Shadrix, Planning, addressed the Board to briefly present request for amendment to the FC-1146-A-01/BJC, Housing Reconstruction Agreement, with Elizabethan Construction Services. 

     Commissioner Maloy stated a lot of his concerns with regard to this item have been alleviated. 

     Mr. Grace advised this item addresses the construction; and staff will come back to the Board for approval of the policies. 

     Commissioner Maloy stated he believes the County should charge a minimal rent to cover the costs of the septic tanks and air conditioning. 

     Chairman McLain stated he thinks that would be reasonable. 

     Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize the Chairman to execute Amendment #1, as shown on page _______, to FC-1146-A-01/BJC, Housing Reconstruction Agreement with Elizabethan Construction Services, Inc., Longwood. 

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

REGULAR AGENDA, CONTINUED

     Motion by Commissioner Morris, seconded by Commissioner Maloy to approve the cash financing plan for the HVAC at the John E. Polk Correctional Facility. 

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

CHAIRMAN’S REPORT

     Chairman McLain discussed County Attorney, Robert McMillan’s, annual review.  He advised that he is recommending a 3% merit increase.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve a 3% merit increase for County Attorney, Robert McMillan. 

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

     Commissioner Henley suggested formalizing this review process and asked Mr. Grace to look into this.  The Board voiced no objections to same. 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Morris advised that he attended the groundbreaking ceremony for the Historical Museum. 

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     Commissioner Morris requested staff to look at the clean up of the 5-Points area where the new courthouse will be built. 

     Chairman McLain requested Mr. Grace make a note in order to bring this up during budget work sessions. 

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     Commissioner Morris advised he attended the Black Hammock Homeowners Association annual dinner recently.  He said the residents wanted him to thank the Board for all their support in preserving their area.  He further said that the residents brought up a question regarding having an arbor ordinance. 

     The Board voiced no objections to staff looking into developing an arbor ordinance. 

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     Commissioner Morris requested the Board support the National Trails Symposium to be held November 10-13, 2002. 

     Motion by Commissioner Morris, seconded by Commissioner Henley to authorize Budget Change Request in the amount of $5,000, to be taken out of General Fund Reserve, for the National Trails Symposium. 

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

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     Commissioner Van Der Weide left the meeting at this time.       Commissioner Henley briefed the Board on the issues facing the School Coalition Board.  He advised the Legislature has deleted funds for Pre-K, which means that 200 children will not be served this coming year.  He said the Coalition will be meeting to discuss this issue and he will be coming back to the BCC with a recommendation. 

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     Commissioner Maloy suggested not using Canary Island Date Palms along the corridor to the new Courthouse because they are too expensive to maintain.  He stated other palms, such as the Cabbage Palm, would be more appropriate. 

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     Commissioner Maloy suggested the staff look at how to address the overall appearance of the rights-of-way (trash, advertising bins, etc.) when the bus shelter bid is negotiated. 

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     Chairman McLain stated that when he was at the MPO meeting last week, it was brought to his attention that Orange County has not had a Chairman of LYNX for over ten years.  He said he believes it is important, in the interest of regional cooperation, to spread that duty around. 

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     Commissioner Morris advised the State law restricts Susan Doerner from serving on the Casselberry CRA.  He said there have been alternate names submitted to the Board for consideration.  He also advised that Kevin Fall has rescinded his resignation and will stay on the CRA. 

COMMITTEE REPORTS

     No Report. 

COMMUNICATIONS AND/OR REPORTS

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

1.              Letter dated April 29, 2002 from Teresa Angueira, United States Department of Commerce, U.S. Census Bureau, to Chairman RE:  Corrections to the housing units for the City of Casselberry.  (cc:  Board, County Manager, Supervisor of Elections, Planning, GIS)

 

2.              Notice of Public Hearing from Michael Skat, City of Sanford Planning & Zoning Commission, RE:  Consideration for a conditional use at property located at 550 Riverview Avenue.  (cc:   Board, County Manager, Planning, Development Review)

 

3.              Copy of letter to Representative Randy Johnson, Transportation & Economic Development Appropriations, dated April 25, 2002  RE:  Florida Investment in the Regional Strategic Transportation Act (HB 1839).  (cc:  Board, County Manager, Planning)

 

4.              Memorandum dated April 30, 2002 to Chairman from County Engineer RE:  State Road 46 from Mellonville Avenue to State Road 415 and MetroPlan priority list.  (cc:  Board, Planning)

 

5.              Email dated April 19, 2002 from Nilsa I. Pugh, Tall Trees resident, to Board RE:  opposition to rezoning of land east of Tall Trees (Wendover Housing).  (cc: Planning & Development Director, Planning Manager, Senior Planner)

 

6.              Copy of letter dated April 20, 2002 to Mike Snyder, District Secretary, FDOT from Estates at Springs Landing HOA President, Springs Landing HOA President and Markham Woods Association President RE:  planned expansion of the I-4 rest areas.  (cc: Honorable John Mica, Seminole County Legislative Delegation, Board, County Manager, Planning)

 

7.              Email dated April 22, 2002 from Rick McKee, Governmental Affairs Director, Home Builders Association of Mid-Florida, to Chairman RE:  proposed ordinance amending Chapter 40, condensing existing six contractors’ boards to one licensing board.  (cc:  Board, County Manager, Deputy County Managers, Planning & Development Director, Building Official)

 

8.              Copy of email to Steve Lee, Deputy County Attorney, from Tiffany Homler, Project Manager, LYNX dated April 26, 2002 RE:  SB 100 Update.  (cc:  Board, County Manager, Deputy County Managers)

 

9.              Notice of Public Hearing from Carol A. Foster, City Clerk, City of Lake Mary, for site plan review of the expansion of the Lake Mary Veterinary Clinic.  (cc:   Board, County Manager, Planning & Development/Administration, Planning)

 

10.         Letter dated April 24, 2002 from D. Ray Eubanks, Community Program Administrator, Department of Community Affairs, to Chairman RE:  request for additional information regarding the recently submitted plan amendment package.  (cc:  Board, County Manager, Planning & Development/Administration)

 

11.         Memorandum from David Medley, Community Assistance Manager, to Board RE:  United Arts Contract.  (cc:  County Manager, Deputy County Manager, Community Services Director)

 

12.         Copy of memorandum dated April 26, 2002 from Bob Briggs, Finance Manager, Environmental Services, to Sandy McCann, Recording Secretary RE:  items transmitted for recording into public records.  (cc:  Board, Co. Manager, Environmental Services Director)

 

13.         Copy of letter to Maryanne Morse, Clerk of the Circuit Court, from Joseph J. Welch and Larry D. Kieszek, Purvis, Gray and Company, RE:  request for information for an audit requested by the Home Builders Association of Mid-Florida of the County’s Building Department.  (cc:  Board, County Manager, Planning & Development Director, Building Official)

 

14.         Copy of letter dated April 22, 2002 to J. Raymond Valdes, Seminole County Tax Collector, from Darrell W. Smith, Budget Services Director, Florida Department of Revenue, RE:  instructions and schedules for developing FY 2002/03 budget request.  (cc:  Board, County Manager, Fiscal Services)

 

15.         Letter dated April 22, 2002 from Brady Lessard, Mayor, City of Sanford, to Chairman RE:  City of Sanford Support for LYNX ADA funding.

 

16.         Letter from Cynthia Porter, Deputy City Clerk, City of Sanford, to Board re:  Ordinance 3710 and 3711, Annexation of property at 2827 Magnolia Ave. and  at 2800 S. Park Ave.  (cc:  Board, Planning & Development, Planning)

 

17.         Copy of letters from Kenneth M. Roberts, Director, Department of Public Safety, to Dorina Green and Carol Mellen in appreciation of their recent donations.

18.         Email dated May 1, 2002 from John S. Younkin to Chairman RE:  48-Hours article on Alan Davis.  (cc:  Board, County Manager, Deputy County Managers, Planning & Development Director, Planning Manager, Code Enforcement)

19.         Copy of letter to Cindy Coto, Volusia County Manager, dated May 3, 2002 from Harold W. Barley, Executive Director, MetroPlan, RE:  invitation to participate in the Commuter Rail Working Group.  (cc:  Board, Ann McFall, Volusia County Council)

20.         Copy of letters to the Seminole County League of Woman Voters and GFWC Oviedo Woman’s Club from Jane E. Peterson, Library Services Manager, RE:  appreciation of recent donation.  (cc:  Board, Library &  Leisure Services Director)

21.         Letter dated May 3, 2002 from Meredith Harper, Shutts & Bowen, to Board RE:  KGB Lake Howell LLC/Estates at Lake Howell.  (cc: County Manager, Stormwater Manager, Stormwater Staff, Steve Baker, Scott Lindstrom and Bob Zurcher)

22.         Email and facsimile from Wendy Eggers to Board RE:  opposition to Lake Ann “pond swap”.  (cc:  Board, County Manager, Deputy County Manager, Planning & Development Director)

23.         Letter dated April 30, 2002 from Larry A. Dale, President, Orlando Sanford International Airport, to Chairman RE:  East Lake Mary Blvd. Roadway Project Phase II A and II B.  (cc:  Board, County Manager, Deputy County Managers, Public Works Director, Engineering)

24.         Letter dated April 19, 2002 from Carla G. Sims, Traffic Safety Administrator, FDOT, to Chairman RE:  FY 2003 Funding for Seminole County Occupant Protection Education Program.  (cc:  Board, County Manager, Deputy County Manager, Engineering)

25.         Notice of Public Hearing from the City of Altamonte Springs RE: Change of Land Use and proposed adoption.  (cc:  Board, County Manager, Deputy County Manager, Planning & Development Director)

26.         Copy of letter to Donna Hawley dated April 29, 2002 from Kenneth M. Roberts, Public Safety Director, RE:  appreciation of recent donation.

27.         Letter dated April 29, 2002 from Byron W. Brooks, Executive Director, LYNX, to Chairman RE:  appreciation of recent correspondence from Board to Governor to veto SB 100.  (cc:  Board, County Manager, Deputy County Manager, LYNX Board of Directors)

28.         Contract for Services, as shown on page ________, between Seminole County and Nancy P. Dillon.

29.         Letter from Sophia O’Keefe, Community Relations Manager, Florida Power, to Chairman RE:  new service and rates for the area.  (cc:  Board)

30.         Copy of letter to Kevin Grace from Shirley Hayes dated April 29, 2002 RE:  Concerns about baffle box at Haynes Creek.  (cc:   Board, St. Johns River Water Management District, Stormwater)

31.         Copy of letter dated April 28, 2002 from Ken Andrews, Director, Lake Howell Environmental Protection Association, to Board RE:  County Commission Meeting on April 23 regarding Estates of Lake Howell property exchange.  (cc:  County Manager, Stormwater, Roads)

32.         Copy of letter to Representative Randy Johnson, Chairman Transportation & Economic Development Appropriations, from Patricia Northey, Central Florida MPO Alliance, RE:  Regional Strategic Corridors – Bill TR 02-01 and Regional Strategic Transportation Act HB 1839. (cc:  CFMPOA Members, State House & Senate Delegates, Brevard County Commission, Lake County Commission, Orange County Commission, Osceola County Commission, Seminole County Commission, Volusia County Council, Volusia County MPO Board)

33.         Copy of letter to Jerry McCollum, County Engineer, from Bruce White, Lindsey Estates Homeowner’s Association, RE:  proposed new connection of CR 46A and Lindsey Way.  (cc:  Board, County Manager, Deputy County Manager)

34.         Notices of  City Commission ordinance adoption from Cynthia Porter, Deputy City Clerk, City of Sanford.  (cc:  Board, County Manager, Deputy County Manager, Planning & Development Director)

35.         Copy of letter to J. Kevin Grace, County Manager, from Kirby B. Green, III, Executive Director St. Johns River Water Management District, RE:  Stormwater treatment for Lake Howell.  (cc:  Board, Stormwater, Carla Palmer, Special Projects Director, Middle Basin SWIM)

36.         Copy of letters from Jane E. Peterson, Library Services Manager, to Dr. & Mrs. William Rape, Mrs. Mary Ann Burhman, Mr. & Mrs. Glenn A. Lingle, Ms. Deloris Stanton Forbes RE:  appreciation of recent donations.  (cc:   Board, Library & Leisure Services Director)

37.         Correspondence dated May 10, 2002 from Diane Pickett Culpepper, Time Warner Cable, to Chairman RE:  additional cable franchise and channel additions. (cc:  Board, Co. Manager, Deputy County Managers, Cable Franchise Coordinator)

38.         Correspondence from John O. Agwunopbi, M.D., Florida Department of Health, dated April 30, 2002 to Chairman RE:  award of emergency medical services grant.  (cc:  Board, Co. Manager, Deputy County Managers, Fiscal Services, Public Safety)

39.         Copy of letters to Jack Wert, Seminole County Tourism & Development, and Mayor Brady Lessard, City of Sanford, from Larry A. Dale, President, Orlando Sanford Airport, RE:  Airport Authority Board’s approval of funding for airport’s share for the WMFE-Channel 24 documentary.  (cc:  Board, County Manager, Larry Gouldthorpe, President TBI)

40.         Letter dated May 8, 2002 from Teresa Tinker, Policy Coordinator, Office of the Governor, to Chairman RE:  acknowledgement of correspondence submitting the County’s concerns on Senate Bill 1906.  (cc:  Board, Co. Mgr., Deputy Co. Mgrs.)

41.         Copy of letter to Mark Flomerfelt, Public Works, from Shirley Haynes dated May 13, 2002 RE:  April 30th reply to 4/29 Baffle Box at Haynes Creek Letter.  (cc:  Board, Co. Mgr., Deputy Co. Mgrs., Stormwater)

42.         Copy of letter to Board from Egerton K. van den Berg dated May 10, 2002 RE:  KGB Lake Howell, LLC.  (cc:  Board, Co. Mgr., Deputy Co. Mgrs., Stormwater)

43.         Notice of Public Hearings from the City of Oviedo.  (cc:  Board, Co. Mgr., Planning)

44.         Letter dated May 10, 2002 from Christopher Culver, President Culver Amherst, to Board RE:  RFP-4145-02 Bus/Transit Shelters.  (cc:  Co. Mgr., Purchasing Manager)

45.         Copy of letter dated May 9, 2002 to Kevin Grace, County Manager from A. Kurt Ardaman, Law Offices of Fishback, Dominick, Bennett, et al.  RE:  Estates at Lake Howell Wetlands Exchange.  (cc:  Richard & Louise Woodbery, Bob McMillan, Co. Atty., Board, Co. Mgr., Deputy Co. Mgrs., Stormwater)

46.         Notice of Public Hearing from the City of Sanford RE:  proposed church at 550 Riverview.  (cc:  Board, Co. Mgr., Deputy Co. Mgrs., Planning & Development Director, Planning Mgr., Development Review Mgr.)

47.         Memorandum to Annette Hatch, Executive Assistant from Fran Sullivan, Tourism Development, dated May 9, 2002 RE:  submission of approved Tourist Development Council minutes to County Records.

48.         Email from Lenny Tylenda dated April 7, 2002 to Board RE:  Dirt Road Paving program.  (cc:  Co. Mgr., Deputy Co. Mgr., Road Operations Manager, Dirt Paving Team Leader)

49.         Copy of letter dated May 6, 2002 from Scott J. Johnson, Holland & Knight LLP, to Commissioner Grant Maloy RE:  Riverwind Parking Facility.  (cc:  Board, Co. Mgr., Deputy Co. Mgrs., Chief Deputy Sheriff, Planning & Development Director, Principal Planner, Development Review Division)

50.         Email dated May 8, 2002 from Don Kinsella to Chairman RE:  Alan Davis’ Public Relations Campaign.  (cc:  Board, Co. Mgr., Deputy Co. Mgrs., Co. Attorney, Planning Manager, Code Enforcement, Sheriff’s Office)

51.         Copy of memorandum to Kevin Grace, County Manager, from Sandy McCann, Commission Records Supervisor RE:  Outstanding BCC Documents.  (cc: Board)

52.         Letter dated May 3, 2002 from D. Ray Eubanks, Florida Department of Community Affairs, to Chairman RE:  acknowledgment and reference numbers for the County’s Small Scale Development Amendments.  (cc:  Sandra Glenn, East Central Florida Regional Planning Council, Planning Manager)

53.         Letter dated May 6, 2002 from John W. Koenig, O-Force, to Chairman RE:  formal request for $10,000 funding support from Seminole County. (cc:  Board, Co. Mgr., Thomas E. Hunt)

54.         Copy of letter to Governor Jeb Bush from Harold W. Barley, MetroPlan Orlando, dated May 8, 2002 RE:  veto request of SB 100 and support of LYNX as Community Transportation Coordinator.  (cc:  Board, Co. Mgr., Deputy Co. Mgrs., Planning)

 

55.         Letter from A. Lennon Moore, Florida Department of Transportation, dated May 3, 2002 to Chairman RE:  Development of the FDOT 5-Year Work Program for FY 2003/04 through 2007/08  (cc:  Board, Co. Mgr., Deputy Co. Mgrs., Public Works Director for response, Co. Engineer, Planning)

 

 

COUNTY MANAGER’S REPORT

     Mr. Grace advised the County received a great interest rate of 4.7% on the Gas Tax Refunding Bonds.  He said this will save $1.8 million over the life of the bonds. 

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     Mr. Grace advised a Commissioner needs to be appointed to the Community Alliance.  He said Community Services Director, Phil Stalvey, has been representing the County, but a Commissioner also needs to be appointed because there are some major issues coming up. 

     The Board, by unanimous consensus, appointed Commissioner Carlton Henley to the Community Alliance, contingent upon the meeting dates being changed. 

     Districts 1, 2, 4 and 5 voted AYE. 

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     Mr. Grace reported that after review of the City of Sanford’s process, the County Attorney and staff is in agreement that the County will have to go out to bid for architect services for the new convention center. 

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:30 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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