BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

June 28, 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, June 28, 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 Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Absent:  Commissioner Randy Morris

 

     The Invocation was given by Commissioner Van Der Weide.

     Commissioner Carey led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Nancy Christman, Intergovernmental Coordinator, St. Johns River Water Management District (SJRWMD), addressed the Board to state she is happy to be here today to discuss a joint project that the SJRWMD and the County are working on.  She introduced a member of the St. Johns River Water Management District Governing Board, John Sowinski, and Regina Lovings, Project Manager of St. Johns River Water Management District.  She referred to and reviewed fact sheets relating to Funding Stormwater Management Projects; Fluctuating Lake Levels; E-Permitting; and The Great Water Odyssey relating for water


resource education.  She stated she feels that public education of both children and adults is the key factor in conserving the water resources.  She referred to a pamphlet describing the Middle Basin of the St. Johns River.  She stated enclosed in the packet is information about a new irrigational rule that they are proposing to put in place.  The St. Johns Governing Board will consider putting in place a new permanent 2-day per week irrigation rule during their August 9 meeting.  Florida is not under a water shortage at this time, but they feel it is important to have a permanent rule in place.  The St. Johns Water Management District campaign motto is “Think Two” and they have television commercials, radio spots, and newspaper advertisements to let people know why it is important to conserve water.  She informed the Board that the Annual Conference on Water Management is scheduled at the beginning of September at the Sanibel Harbor area.  She stated she has submitted a card in the packet relative to the conference.  The pamphlet containing fact sheets, brochure, and irrigation rule information was received and filed.

     Regina Lovings, Project Manager of SJRWMD for Lake Monroe and Lake Jesup, addressed the Board to state Seminole County has been an excellent partner with SJRWMD.  She stated Mark Flomerfelt and his staff have been excellent partners in addressing flooding concerns in Central Florida.  SJRWMD is pleased to utilize these funds towards the creation of the Midway Regional Stormwater and Recreational Facility.  The 65-acre parcel will become a regional stormwater facility along Celery Avenue and the Midway Basin.  She advised the design and mediation of the site is complete and the demolition and construction phase is next.  The existing culvert will be replaced and the existing ditches will also be modified.  St. Johns will be helping the County to divert sub-basins to this regional stormwater facility to improve water quality and to address the flooding problems in the area.

     John Sowinski, St. Johns Governing Board member, addressed the Board to state SJRWMD received a number of applications from local governments throughout the district.  This year SJRWMD dedicated $1.6 million and Seminole County is receiving the largest grant under this program.  He stated on behalf of SJRWMD, he would like to submit a check in the amount of $400,000 to Seminole County. 

     Chairman Henley stated on behalf of the Board and the citizens of Seminole County, he would like to thank the St. Johns Governing Board for this joint venture.  This is something that has been worked on for quite some time and it is something that is needed as well.  He stated he believe this will make a difference in that part of the County.

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     Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-97, as shown on page ________, honoring Jerry Jandula, Department of Public Works, Engineering Division, for his twenty-six years of service to Seminole County upon his retirement.

     Districts 1, 3, 4 and 5 voted AYE.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-98, as shown on page _______, proclaiming July 17-23, 2005 as “Adult and Juvenile Probation Officer’s Week”.

     Districts 1, 3, 4 and 5 voted AYE.

     Phil Stalvey, Community Services Director, addressed the Board to express appreciation on behalf of the Community Correctional professionals in the county and to read into the Record a letter from U.S. Attorney General Alberto R. Gonzalez.

COUNTY MANAGER’S CONSENT AGENDA

     Chairman Henley advised that the Board has received a request to continue Item #28, Approve Agreement with the Central Florida Sports Commission. 

     Commissioner Dallari stated one concern he has is the State ordinance talks about the use of TDC monies and he would like staff or the Tourism Development Council to review that, as well as the County Attorney, so they can be prepared at the next meeting. 

     Chairman Henley stated the reason this is being pulled is to give staff time to meet with each Board member individually to discuss this further.

     Commissioner Dallari stated he has copies of website information and there are more hotels listed from Orange County than Seminole County and he would like that addressed as well.

     Don Fisher, Deputy County Manager, addressed the Board to advise that Item #42, Approve funds for contribution to the Missing Children Clearing House Advisory Board, has been changed from $250 to $500.

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

Administrative Services

Risk Management

 4.  Approve renewal of Life & Accidental Death & Dismemberment (AD&D), Long Term Disability and Dental Insurance Programs; and authorize Chairman to execute the following Agreements, as shown on page _______,  for Life and AD&D with Jefferson Pilot for the period of January 1, 2006 through December 31, 2007 at an increase of .01/1000 for basic coverage and .02/1000 for employee optional coverage; Long-Term Disability with Reliance Standard for the period of January 1, 2006 through December 31, 2007 with no rate increase, and Dental with CompBenefits for the period of January 1, 2006 through December 31, 2006 with a 3% rate increase.

 

Environmental Services

Business Office

 5Approve and authorize Chairman to execute Amendment, as shown on page ________, to the Conditional Utility Agreement for Water and Sewer services for the project known as Carriage Homes at Dunwoody Commons. 

 

Fiscal Services

Budget

 6.  Budget Amendment Resolution #2005-R-111, as shown on page ________, $25,000 – Public Safety – 11200 Fire Protection Fund.  Contingent upon Board approval of an agreement between Seminole County and the Department of Financial Services, Division of State Fire Marshall, relating to Sustainment Funds for Mutual Aid Communications (MAC) Upgrades, Subgrant Agreement for Florida Domestic Preparedness Strategy in the amount of $350,000.

 7.  Budget Amendment Resolution #2005-R-112, as shown on page _______, $482,803 – Various Departments – Various Funds.  Establish funding of $321,869 (inclusive of applicable fund transfers) for COPS Grant Interlocal agreement.

 8.  Budget Amendment Resolution #2005-R-113, as shown on page ________, $300,000 – Environmental Services – Fund: 40102 – Connection Fees – Water.  Needed for a large diameter water transmission main between the County’s Southeast Regional Water Treatment Plant and the County’s Lake Hayes Water Treatment Plant.

Purchasing

 9.  Award CC-1265-5/DRR Agreement, as shown on page ________, Pavilion Roof Replacements to R.L. Haines Construction Inc., Orlando ($105,000.00).

10.  Approve Ranking List, Authorize Negotiations and Award PS-5183-05/MJB Master Agreements, as shown on page ________, for Construction and Engineering Inspection Services on Minor Projects (construction costs less than $1,000,000.00) to HDR Engineering, Inc., Carter & Burgess, Inc. and Dyer, Riddle, Mills & Precourt, Inc. all of Orlando.  (Aggregate Budgetary Not-to-Exceed $500,000.00 per year).

11.  Authorize Sole Source Procurement and authorize the issuance of Purchase Order(s) for Liebert Corporation c/o Innovative Support Systems, Inc., Altamonte Springs, regarding air handling units located at the Criminal Justice Center ($30,136.00).

 

Planning & Development

Community Resources

12.  Approve and authorize Chairman to execute the Joinder and Consent, as shown on page _______, to dedication of Replat for the proposed Lisa Merlin House. 

13.  Approve and authorize Chairman to execute Satisfactions of Second Mortgage, as shown on page ________, for the following:  Jane McCrea; Shirley O’Neal; Brian Patrick Dean; Susan L. Jones; Derrell L. & Jacqueline M. Cockerham; Kristie Wellon-Lewis & Anthony Lewis; John & Gloria Lamb; and Thomas W. & Susan M. Cartwright, for households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program.

14.  Approve and authorize Chairman to execute the proposed new Hurricane Housing Recovery Assistance Plan 2005/2008, as shown on page _______, and submittal to the Florida Housing Finance Corporation, as amended; and adopt appropriate Resolution #2005-R-122, as shown on page ________.   

Development Review

15.  Approve and authorize Chairman to execute the Minor Plat for Lake Cochran View consisting of 16.11 acres located on the east side of S. Cochran Road, approximately 10,000 feet southwest of SR 46, (Patrick and Donna Noftz).

16.  Adopt appropriate Resolution #2005-R-114, as shown on page _______, accepting Warranty Deed, as shown on page _______, canceling property taxes for land donated as right-of-way on County Road 419 from Live Oak Reserve, LTD.

Planning

17.  Approve submittal of Letter of Understanding to the Department of Community Affairs (DCA) containing Evaluation and Appraisal Report (EAR) 2006 issues between Seminole County and the Florida Department of Community Affairs.

 

Public Safety

EMS Performance Management

18.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Department of Financial Services, Division of State Fire Marshal for Sustainment Funds for Mutual Aid Communications (MAC) Upgrades, Subgrant Agreement for Florida Domestic Preparedness Strategy. 

19.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity (COPCN) renewals, as shown on page ________, for Florida Hospital; Central Florida Ambulance d/b/a American Ambulance; Rural Metro Ambulance; Orlando Regional Healthcare System and First Renewal of Non-Exclusive Ambulance Franchise Renewal Agreement, as shown on page _______, for Orlando Regional Healthcare System. 

Emergency Management

20.  Approve and authorize Chairman to execute a Memorandum of Understanding, as shown on page _______, between Seminole County and Seminole Community Volunteer Program (SCVP). 

 

Public Works

Engineering

21.  Approve and authorize Chairman to execute a Construction Agreement, as shown on page _______, with CSX Transportation Inc., to facilitate the proposed widening of an existing crossing surface in conjunction with the Airport Boulevard, Phase II project. 

22.  Adopt appropriate Resolution #2005-R-115, as shown on page ________, relating to the Cross Seminole Trail Project, Phase I (from Big Tree Park to just north of Old Sanford Oviedo Road, for a distance of approximately 2.6 miles). 

 

Roads-Stormwater

23.  Approve Release of Road Maintenance Cash Bond in the amount of $1,257.55 for the Monroe Commerce Center South project. 

24.  Approve and authorize Chairman to execute a Permissive Use Agreement, as shown on page _______, between the St. Johns River Water Management District (SJRWMD) and Seminole County for Ginger Ale Springs, under the Lake/Wetland Environmental Monitoring Program. 

25.  Approve and authorize Chairman to execute Agreement, as shown on page _______, between St. Johns River Water Management District (SJRWMD) and Seminole County for the Little Wekiva River Watershed Management Plan. 

26.  Approve Release of Road Maintenance Bond LC #03-03-0289 in the amount of $5,558.00 for the Chuluota Plaza PCD project.

Traffic Engineering

27.  Approve and authorize Chairman to execute a Traffic Maintenance Agreement, as shown on page _______, between Seminole County and Northland, A Church Distributed, Inc., for a traffic signal located at Dog Track Road and Northland, A Church Distributed Inc. 

 

Tourism Development

28.  Continued to 7/26/05, request to Approve Agreement between Seminole County and the Central Florida Sports Commission in the amount of $25,000 for the 2005 Score at the Shore Soccer Showcase, a five day event to be held July 27 – August 1, 2005. 

 

     Under discussion, Chairman Henley questioned about the mobile homes built after 1994 being eligible for repair or removal with a site built home indicated in Section II.A.f, Recipient Selection Criteria (Item #14).  He said there might be times when a mobile home is being replaced and it is not appropriate to build a home right in the middle of a mobile area.  He stated he feels that should be the decision of the homeowner.

     Diane Ledford, Community Resources, addressed the Board to explain what the emergency rule requires.

     Chairman Henley stated he feels it would be reasonable to stay with a mobile home if it is a mobile home park than going in and building a home. 

     Upon inquiry by Chairman Henley, Ms. Ledford advised it can be reworded to make it on a site-by-site basis.

     Commissioner Van Der Weide stated he believes in an owner’s choice as well, therefore, he would support moving it to a case-by-case basis.

     Commissioner Dallari agreed to the rewording of that section.

     Districts 1, 3, 4 and 5 voted AYE.

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     Chairman Henley advised that Commissioner Morris is not in attendance today as he is out of the State on County business.

COUNTY ATTORNEY’S CONSENT AGENDA

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

Property Acquisition

29.  Approve Purchase Agreement, as shown on page ________, relating to Parcel I.D. Number 28-21-31-502-0A00-0000, Huntington Homeowners’ Association of Seminole County, Inc., required for the Consumers/Lake Hayes Water Transmission Main improvement project, located within the Huntington subdivision in Oviedo, in the amount of $30,000.00, with no fees or expenses incurred.

30.  Approve Purchase Agreement, as shown on page ________, relating to Parcel I.D. No. 16-21-31-5CA-0000-1110, Michael A. Tesinsky, Suzanne P. Tesinsky and John P. Tesinsky, required for the Consumers/Lake Hayes Water Transmission Main improvement project, located at W. State Road 426, Oviedo, in the amount of 9,500.00, inclusive of fees and costs.

31.  Approve Purchase Agreement, as shown on page ________, relating to Parcel I.D. No. 20-21-31-5CB-0000-008A, John P. Tesinsky and Michael Tesinsky, required for the Consumers/Lake Hayes Water Transmission Main improvement project, located at 2377 Aloma Avenue, Oviedo, in the amount of $27,500.00, inclusive of fees and costs.

32.  Approve Purchase Agreement, as shown on page ________, relating to Parcel I.D. 20-21-31-5CB-0000-008B, John P. Tesinsky and Michael Tesinsky, required for the Consumers/Lake Hayes Water Transmission Main improvement project, located at 2385 Aloma Avenue, Oviedo, in the amount of $18,000.00, inclusive of fees and costs.

33.  Adopt appropriate Third Amendment Resolution of Necessity #2005-R-116, as shown on page ________, relating to the Bunnell Road improvement project (from west of Bunnell Road to West Towne Parkway).

34.  Adopt appropriate Resolution #2005-R-117, as shown on page _______, rescinding previous Resolutions of Necessity for County Road 46A Phase III Road Improvement Project for which acquisition is complete.  All property needed for this project listed in this Resolution has been acquired through donations, purchase agreements or litigation.

35.  Authorize a Binding Written Offer/Offer of Judgment relating to Parcel Numbers 109, 709A, 709C, (Bunnell Road) and 815A, 815B, 715C, 715D, 817 (Eden Park Avenue) for the Country Creek Master Association project.

36.  Adopt First Supplemental Resolution of Necessity #2005-R-118, as shown on page _______, relating to the Consumers/Lake Hayes Water Transmission project (easements between S.R. 426 and S.R. 434).

Litigation

37.  Approve proposed settlement relating to Parcel Number 714, B.J.’s Wholesale Property, of the Elder Creek/C-15 (Ponds) improvement project, located at 4278 W. State Road 46, Sanford, in the amount of $115,000.00, inclusive of all attorney’s fees and costs. 

38.  Approve proposed settlement relating to Parcel Number 6, Seminole County S.R. 46, Ltd. Property, of the Elder Creek/C-15 (Ponds) improvement project, located at 4100 Geranium Lane, Sanford, in the amount of $110,000.00, inclusive of all attorney’s fees and costs. 

 

     Districts 1, 3, 4 and 5 voted AYE.

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     Robert McMillan, County Attorney, addressed the Board to advise Judge Alley has ruled on the Winter Springs annexation case and it is very closely tied to the Charter Amendment case, which is currently being appealed.  He stated he would like authorization to appeal this decision so that both cases can be heard together.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize the County Attorney to appeal the Winter Springs annexation Court decision.

     Districts 1, 3, 4 and 5 voted AYE.

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     Mr. McMillan reminded the Board that the time is right to make appointments to the Charter Review Commission, as there are only three meetings between now and September 1.

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     Mr. McMillan informed the Board that he has been summoned for jury duty next week.

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     Mr. McMillan advised that he will be on vacation the week of July 18.

CONSTITUTIONAL OFFICERS

     Chairman Henley advised that Item #42, approve funds for Missing Children Clearing House Advisory Board, has been changed to $500.

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

Clerk’s Office

39.  Approval of Expenditure Approval Lists, as shown on page ________, dated May 31 & June 6, 2005.

40.  Approval of Official Minutes dated May 24, 2005.

41.  Noting, for information only, the following Clerk’s “received and filed”:

 

 1.  Memorandum to BCC from Kevin Grace, County Manager, re:  Capital Project Fund Transfer for Jetta Point Project.

 

2.         Work Order #35, as shown on page ________, to CC-1212-03.

 

3.         Work Order #14, as shown on page _______, to PS-5165-04.

 

4.         Work Order #4, as shown on page ________, to PS-5100-01.

 

5.         PS-5188-05 Basic Contract, as shown on page ________, HDR Engineering.

 

6.         Amendment #1, as shown on page ________, to Work Order #12 to PS-5116-02.

 

7.         BD-2119-05 Contractor Services Agreement, as shown on page ________, RB Marks Construction, Inc.

 

8.         Purchase Agreement, as shown on page ________, with Arco International, Inc. relating to Eden Park Avenue, per Binding Written Offer approved on February 22, 2005.

 

9.         First Amendment, as shown on page ________, to IFB-3094-04.

 

10.         First Amendment, as shown on page ________, to M-437-04.

 

11.         Seminole County Sheriff’s Office proposed Fiscal Year 2005/06 Budget, as shown on page ________.

 

12.         Amendment #3, as shown on page ________, to Work Order #80 to FC-1139-00.

 

13.         Work Order #22, as shown on page ________, to PS-5120-02.

 

14.         Work Order #35, as shown on page ________, to PS-5129-02.

 

15.         Amendment #1, as shown on page ________, to Work Order #26 to PS-5130-02.

 

16.         Satisfactions of Connection Fees, as shown on page ________, for the project known as The Traditions @ Alafaya Ph. 1 and SR 46 Wekiva Property a/k/a Markham Forest.

 

17.         Conditional Utility Agreements, as shown on page ________, for water and sewer service with Saif Enterprises, Inc., for the project known as Sternon Office Park.

 

18.         Conditional Utility Agreements, as shown on page _________, for water and sewer service with Motorsports of Orlando, LLC, for the project known as Harley Davidson.

 

19.         Notice of Commission Hearing and Prehearing from Florida Public Service Commission to KMC Telecom III LLC, KMC Telecom V, Inc., Sprint-Florida, Inc. and All Other Interested Persons, relating to Docket #041144-TP.

 

20.         Second Amendment and Third Renewal, as shown on page _________, to RFP-4147-02.

 

21.         Memorandum to Jerry McCollum, County Engineer, from Al Schwarz, Assistant County Attorney, regarding Direct Pay Request for Lake Drive Phase II-Seminola Blvd. to Tuskawilla Road, Seminole County v. Suero, et al.

 

22.         Work Order #36, as shown on page ________, to CC-1212-03.

 

23.         Work Order #2, as shown on page ________, to PS-5160-04.

 

24.         Work Orders #6, #7, #8 & #9, as shown on page _________, to CC-1252-04.

 

25.         Bids as follows:  PS-5189-05; RFP-4247-05; IFB-3117-05; and PS-5187-05.

 

Sheriff’s Office

42.  Approval for the Sheriff’s Office to utilize $500.00 in Law Enforcement Trust Funds for a contribution to the Missing Children Clearing House Advisory Board.

 

     Districts 1, 3, 4 and 5 voted AYE.

REGULAR AGENDA

     Matt West, Planning Manager, addressed the Board to present request for reduction of penalty for Case #04-15-CEB, Craig R. Wallace, 9511 Bear Lake Circle, Apopka, Fl.  He reviewed the history of a violation of a pool that was not secured according to code requirements. 

     Mr. West answered questions for Commissioner Carey relative to what type of fencing was shown on the plan when the property owner applied for the original permit.

     Commissioner Carey stated it concerns her that this permit was pulled but no final inspection was done.  She stated she would think the County would have some type of tracking system for outstanding permits.  It bothers her that there was no final inspection requested on this permit.

     Don Fisher, Deputy County Manager, stated this is a recognized issue that came to staff’s attention around 2000-2001 and the issue lies with additions put on homes that don’t require final inspection for C.O.’s.  He stated staff is physically monitoring those types of things now and they will have a better automated mechanism in place.  The old system is not set up to monitor those types of things.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve a reduction to the Code Enforcement Board lien from $72,570 to the estimated administrative costs of $630.51 for processing Case #04-15-CEB on the property located at 9511 Bear Lake Circle, Apopka, Craig Wallace, and require those costs to be paid within 30 days or the lien will revert back to its original amount ($72,750), and upon payment in full, authorize Chairman to execute the Satisfaction of Lien, as shown on page _______.

     Under discussion and upon inquiry by Commissioner Carey, Mr. West advised staff knows that this is the true cost and he explained why this came up this late.

     Districts 1, 3, 4 and 5 voted AYE.

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     David Medley, Community Assistance Manager, addressed the Board to request approval of an RFP for utilization of the Children’s Village property located on the corner of Dike and Dodd Road. 

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     Commissioner Dallari recommended that the property owners for Item #43, Code Enforcement Lien, meet with staff to see what has just taken place.

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     Mr. Medley continued by reviewing the request for approval of an RFP for the Children’s Village property. 

     Commissioner Henley stated his only concern is these are pretty high standards that the submitters have to meet. 

     Commissioner Carey stated that is her concern as well.  She stated the County took their standard RFP and put it in this format and she doesn’t know if the current workload would be relative to an organization coming in to try to take over this facility.  If a not-for-profit organization is running one or two facilities and they are trying to expand to another facility by taking this over, it would have to be a pretty large organization to be able to meet the criteria.

     Upon inquiry by Commissioner Dallari, Mr. Medley advised he does not know at this time how many organizations in Central Florida can meet the criteria.  He stated staff could look at reducing some of those requirements and make it more readily accessible to smaller organizations.  He said one thing staff realizes is there needs to be some capability on the part of the proposer to deal with the need to repair the facility.  It needs to be a fairly well-established organization just to do that. 

     Commissioner Van Der Weide stated his concern is this would scare off 99% of the people.

     Commissioner Carey stated she feels that Item K, License Sanctions, is not relavant to this at all.  She stated relative to Item 2.B., all of their similar projects can be listed.  She stated she doesn’t think there will be any organizations that can list eight similar projects.

     Chairman Henley stated this is a facility that was built by contributions for children and they are coming up with an RPF that very few people can meet.  He stated he would like to make it to where more people can qualify because they want to get the building in use.  He said he would be willing to spend some money on fixing it up.  He added he would like to know how much money it is going to cost to correct what is wrong with the facilities.

     Commissioner Carey stated they are asking someone to fix the facilities themselves.  The County may need a partner in getting these buildings into some type of condition that is useable for these community service organizations.

     Commissioner Van Der Weide stated one of the problems the organizations have is they only are as strong as their funding source.  The key is to get someone in there that needs the service.

     Speed Thomas, Facility Maintenance, addressed the Board to advise staff looked at both buildings last week and one building needs a roof and it needs to be done as soon as possible.  He stated he estimates that it will take about $75,000 per building, totaling $150,000, to bring them up to acceptable standards.  He said one of the unit’s septic system is shot and it will take about $15,000 to replace that.

     Upon inquiry by Commissioner Henley, Mr. Fisher advised funds would depend on the user whether it qualifies as a CDBG type program.  There could be funds available for building renovations.

     Commissioner Carey asked if staff could make this RPF broad enough that if anybody coming forth can put together their plan and then the Board can determine if they can partner with them. 

     Commissioner Dallari stated he believes what the Board is asking staff to do is loosen up the requirements (A-M) to allow many of the local organizations to bid on this.  The important part is to make sure that each organization has the financial capacity to do this and then they can put a plan together.  He stated in that plan, if they are asking for County participation in this, where do they anticipate the County to get the funds.  They can disclose their plans and timelines and then the Board can take a look at the proposals and take it from there. 

     Mr. McMillan advised he believes the RFP is broad enough to allow anybody to do the proposals and they can include in the proposals that the County will have to do the repairs. 

     Commissioner Dallari stated he feels they need to make it very clear that they want to include that in the RFP.

     Commissioner Van Der Weide stated if these buildings are county-owned, then they should be maintaining them. 

     Mr. Fisher stated he will work with the Administrative Service Department relative to the condition of the buildings.

     Upon inquiry by Chairman Henley, Mr. Medley stated he understands the Board’s direction on the RFP.

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     Lisa Spriggs, Fiscal Services Director, addressed the Board to present request to approve Budget Amendment Resolution in the amount of $134,807,034 confirming Board action taken August 13, 2002 with the adoption of Ordinance 2002-31 establishing an interfund loan between the 1991 infrastructure sales tax funds and the transportation impact fee funds, true-up of interfund loan balance as of October 1, 2004, and establish FY 2004/05 project budgets with funding of deficit transportation impact fee balances as an advance from the 1991 infrastructure sales tax fund; and approval of Budget Amendment Resolution in the amount of $21,765,836 for various project adjustments as described within the transportation impact fee funds and 1991 infrastructure sales tax fund. 

     Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt Budget Amendment Resolution #2005-R-119, as shown on page ________, in the amount of $134,807,034 confirming Board action taken August 13, 2002 with the adoption of Ordinance 2002-31 establishing an interfund loan between the 1991 infrastructure sales tax funds and the transportation impact fee funds, true-up of interfund loan balance as of October 1, 2004, and establish FY 2004/05 project budgets with funding of deficit transportation impact fee balances as an advance from the 1991 infrastructure sales tax fund; and approval of Budget Amendment Resolution #2005-R-120, as shown on page ________, in the amount of $21,765,836 for various project adjustments as described within the Transportation Impact Fee funds and 1991 Infrastructure Sales Tax fund. 

     Districts 1, 3, 4 and 5 voted AYE.

COUNTY MANAGER’S BRIEFING

     Jerry McCollum, County Engineer, addressed the Board to brief the Board on the upcoming Commuter Rail System-Funding Options for Seminole County scheduled for July 26, 2005.  He reviewed how they address the funding and stated at the July 26, 2005 meeting, staff will be requesting adoption of a resolution to participate in the funding of the Rail System.  He stated the County will pay for Commuter Rail through a payback mechanism through the First Generation Sales Tax.  He displayed and reviewed the proposed stations on the aerial.  He stated one of the things they are looking at is using the Transportation Regional Impact Program (TRIP) funds.  This fund can be used on State projects and Orange County is asking if some of these funds can be used as looking at a match-the-match strategy.  He said 12.5% will be provided and that significantly will take the County’s share of $40 million instantly and that has a tremendous billing on the work program.  He added they are looking at State Infrastructure Bank (SIB) loans as well and if the County want to do this regionally, they will have to apply regionally together, but each County would have a separate application.  That will allow the County to use the impact fees repayment to cash flow that over for a 10-year period.  Another one is an interloan transfer where they could use the Second Generation Sales Tax if needed to upfront those costs.  Another component is how do they come up with a share that the cities should provide to the County.  That is an issue that needs to be addressed over the next couple of months.  The proposed station located along Lake Mary Blvd. and Country Club is on property that the County already owns.  That will take $2 million off of the $39 million.  Hopefully, they will have a very quick review of how to approach some of the impacts of the program during the July meeting.  He stated staff will provide the Board with a copy of a draft resolution from the State.

     Upon inquiry by Commissioner Henley, Mr. McCollum advised the $4 to $5 million upfront is out of the First Generation Sales Tax.  In terms of the sidewalk program, there is probably about 20% being done by others which is about $8 million.  Out of $4 million of the $8 million, staff is trying to obtain pedestrian overpass funding in July.    

     Commissioner Carey stated at the last MetroPlan meeting, they had a lot of discussion about commuter rail to keep this in the federal bill.  She stated there is another MetroPlan meeting prior to the July 26 Board meeting and she would like to have consensus that the BCC will continue to support commuter rail.

     Motion by Commissioner Carey, seconded by Commissioner Dallari to authorize the Chairman to send a letter to Metroplan and the State (Congressman Mica) indicating that they are totally in support of commuter rail.

     Under discussion, Commissioner Dallari stated he would like a copy sent to Congressman Mica.

     Commissioner Van Der Weide stated the Board has been supporting commuter rail from day one.

     Districts 1, 3, 4 and 5 voted AYE.

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     Commissioner Carey stated she feels that Mr. Fisher has done a wonderful job filling in for Mr. Grace while he has been on vacation.

COUNTY ATTORNEY’S BRIEFING

     No Report.

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The Chairman recessed the meeting at 10:34 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session. 

PROOFS OF PUBLICATION

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

     Districts 1, 3, 4 and 5 voted AYE. 

PUBLIC HEARINGS

REQUEST TO VACATE & ABANDON, AMERICAN

LAND DEVELOPMENT OF CENTRAL FLORIDA

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a plat for Merriwether Terrace, lying within property proposed for the new Midway School campus, American Land Development of Central Florida, LLC, received and filed. 

     Planner, Denny Gibbs, addressed the Board to present the request, advising all lots within this plat are owned by the applicant.  None of the lots were developed and associated right-of-way was not improved.  She further advised that the right-of-way is needed for public access and will not hinder access to any other parcels.  Therefore, staff recommends approval of the request. 

     It was ascertained that the applicant nor his representative was not in attendance. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-121, as shown on page _______, vacating and abandoning the recorded plat for Merriwether Terrace lying within the property proposed for the new Midway School campus, as described in the proof of publication, American Land Development of Central Florida, LLC. 

     Districts 1, 3, 4 and 5 voted AYE. 

CONSIDERATION OF MAJOR PUD AMENDMENT

TO PALOMINO WAY PUD, DAVID S. WEINSTEIN

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a major PUD amendment and final master plan approval for the Palomino Way PUD, approximately 2.16 acres, located at the northeast corner of Palomino Way and Red Bug Lake Road, David S. Weinstein, received and filed. 

     Planner Jeff Hopper addressed the Board to present the request, advising the applicant wishes to renew the PUD Final Master Plan approval on the site which was granted in February 2002 for a 20,000 square foot office building.  That approval lapsed in February 2005 and the applicant is presenting a revised site plan.  The previously approved plan indicated a 2-story building adjacent to Red Bug Lake Road on the south side of the property, while the new proposal shows a 1-story structure closer to the back, or north end, of the site.  He advised of one correction to the developer’s commitment agreement in paragraph 4 that the maximum building size should be 18,750 square feet instead of 18,000. 

     David Weinstein, applicant, addressed the Board to advise they acquired the property last year and have been working on this project since that time. 

     Upon inquiry by Chairman Henley, Mr. Weinstein advised the issue with the wall has been resolved. 

     Noreen Hodapp, 1481 Palomino Way, addressed the Board to advise the Palomino Homeowners Association met with the developer and are in complete support of the request. 

     No one else spoke in support or in opposition. 

     Speaker Request Form was received and filed. 

     Mr. Hopper advised District Commissioner Morris indicated to him that he was in support of the project.  However, he was unaware of the correction to the agreement regarding the building square footage. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to approve request for a major PUD Amendment and Final Master Plan Approval to the Palomino Way PUD on approximately 2.16 acres, located at the northeast corner of Palomino Way and Red Bug Lake Road, as described in the proof of publication, David S. Weinstein; and authorize the Chairman to execute the Developer’s Commitment Agreement, as shown on page _______, amending the maximum building size to 18,750 square feet. 

     Districts 1, 3, 4 and 5 voted AYE. 

ITEMS FOR FUTURE AGENDA/CITIZENS

     Robert Bugnacki, 5352 Orange Blvd., addressed the Board to voice complaints about the Astor Farms development.  He said this development goes back to 1998 when the original lawsuit was filed.  He said in May he sent a letter advising of his concerns to the Commissioners, County Attorney, County Manager and several staff members, but has received no response. 

     Chairman Henley stated he did meet with staff with regard to Mr. Bugnacki’s concerns and requested they respond to him. 

     Mr. Bugnacki stated his concerns are with the retention ponds and swales on the property.  He said the State regulates that the purpose of the swales around the retention ponds are to prevent run-off.  He displayed photographs (received & filed) of the retention ponds in Astor Farms that have no swales.  He also stated that according to the settlement agreement, homes along the southwest side of the property are to be restricted to single-story.  He showed photographs (received & filed) of homes along that property that are two-stories.  He added that he expects a reasonable response to these questions within a reasonable amount of time. 

     DCM Don Fisher addressed the Board to state staff did do a response to Mr. Bugnacki and he believes it was sent out.  He suggested Mr. Bugnacki meet with the staff who are in attendance to go over it. 

     Mr. Bugnacki stated the settlement agreement is a legal document and the staff should have not permitted the two-story homes and the retention ponds to be built in such a manner. 

     Chairman Henley told Mr. Bugancki that he has a good point. 

     Attorney McMillan advised his office met with Planning Manager, Matt West, to redraft the response letter and Mr. West has said the letter was sent out. 

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     Stan Bessmer addressed the Board to express his concern with regard to the 17-92/SR 436 Fly-Over and the impact it will have on traffic patterns.  He said as a resident in the area, he watches the traffic flow and believes this will be a big mistake.  He said one on the problem areas will be the Casselberry Post Office. 

     Chairman Henley advised FDOT will be back to the Board to present the final plan for the Fly-Over. 

     Mr. Bessmer added that he believes the Fly-Over will isolate Fern Park. 

CHAIRMAN’S REPORT

     Chairman Henley advised that he has received some calls from citizens wanting to know what the Board’s position is on the recent Supreme Court ruling on property rights and Eminent Domain.  He informed the callers that the Board has taken no official action on this, but does not believe they have anything to fear from the current Board.  He requested the County Attorney to review the court’s ruling and provide a memo to the Board on same. 

DISTRICT COMMISSIONERS’ REPORTS

     Chairman Henley advised he is receiving complaints again on the Alan Davis property with regard to weeds, and Code Enforcement has said there is not much that can be done about it.  He also advised of an abandoned home with violations and suggested that when discussions relating to codes begin, that these issues be addressed. 

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     Commissioner Van Der Weide noted that the grass in the median on Wekiva Springs Road needs to be mowed.  He requested staff make sure that is taken care of. 

     DCM, Don Fisher, advised staff is evaluating moving the mowing and landscaping maintenance of medians to the Parks & Recreation Division.  In the mean time, he said the medians will be mowed. 

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     Commissioner Carey requested the BCC appeal the decision of the Board of Adjustment in denying a mobile home on a 10-acre parcel owned by Don and Georgann Harman.  She also requested the application fees be waived. 

     Motion by Commissioner Carey, seconded by Commissioner Dallari to schedule a public hearing on July 26, 2005 to consider an appeal of the Board of Adjustment’s decision to deny a mobile home on a 10-acre parcel owned by Don & Georgann Harman; and to waive the application fees for same. 

     Under discussion, Chairman Henley stated he would like the Board of Adjustment to be made aware of issues where the BCC has overruled them.

     Districts 1, 3, 4 and 5 voted AYE. 

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     Commissioner Carey advised of upcoming July 4th events including the Geneva parade starting at 10:30 a.m. and the firework display and festivities at Sanford Riverwalk beginning at 5:00 p.m. 

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     Commissioner Dallari thanked Mr. Fisher for filling in for County Manager, Kevin Grace, while he was on vacation. 

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated 6/16/05 to Chairman from Ronald McLemore, Winter Springs City Manager, re: Response to 5/27/05 letter discussing the expansion of County Library system.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Library & Leisure Services Director, Co. Attorney)

 

 2.  Notice of Petition for a Rate Increase by Florida Power & Light Company & Customer Service Hearing dates.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

 

 3.  Notice of Rezone Public Hearing for City of Lake Mary on July 7, 2005.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning Director, Planning Manager)

 

 4.  Email dated 6/10/05 to BCC from Daniel LeFevre re: Commuter Train in Central Florida.  (cc:  Co. Manager, Deputy Co. Managers, Co. Engineer)

 

 5.  Letter dated 6/14/05 to Chairman from Mayor John Bush, City of Winter Springs, re: Update of Seminole County Public Library system.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Library & Leisure Services Director)

 

 6.  Memorandum dated 6/15/05 to NCC and Co. Manager (with attachments) from Jerry McCollum, Co. Engineer, re: Commuter Rail System.

 

 7.  Notice and agenda for Seminole County Historical Commission meeting on June 16, 2005.

 

 8.  Copy of letters dated 6/7/05 from Kenneth Roberts, Public Safety Director, re: Appreciation for recent donations to the following:  Lionel Jacques; Gene Marner; Aaron Kittinger; and Laura Lanza.

 

 9.  Contract for services, as shown on page _______, between Seminole County and the following:  Rocco Campanale (Slow Pitch Softball Umpire), Ben Cutcher (Slow Pitch Softball Umpire), and Angela Neukam (Field Supervisor).

 

10.  Copy of letter dated 6/23/05 to Wynette Rogers, Revenue Accounting (with enclosures) from Lisa Spriggs, Director Department of Fiscal Services, re: Local Option Gas Tax Distribution.  (cc:  BCC)

 

11.  Copy of letter dated 6/23/05 to Tim Jackson from Jerry McCollum, Co. Engineer, re: SR 434 from Interstate 4 to Range Line Road.

 

12.  Memorandum dated 6/23/05 to BCC (with attachment) from Doris-anne Freeman, Altamonte Springs City Clerk Office, re: Approved Rezoning Ordinance.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director)

 

13.  Copy of letter dated 6/13/05 to Chief Terry Schenk, Seminole Co. EMS/Fire/Rescue, from Edward Wilson, Grants Unit-Fl. Department of Health, re: EMS matching grant criteria.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

14.  Memorandum dated 6/22/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Automatic External Defibrillators Status Report.

 

15.  Letter dated 6/20/05 to Chairman from Margot Knight, President & CEO-United Arts, re: Thank you for final installment of $25,000.  (cc:  BCC, Co. Manager, Deputy Co. Managers)

 

16.  Letter dated 6/3/05 to Central Florida YMCA Supporter (with attached) from James Ferber, President & CEO-Central Florida YMCA, re: 2004 Annual Report. 

 

17.  Memorandum dated 6/21/05 to BCC (with attachments) from Kevin Grace, Co. Manager, re: Early Voting sites. 

 

18.  Copy of letter dated 6/17/05 to Stan Bessmer (with attachment) from Jerry McCollum, Co. Engineer, re: U.S. 17/92 and SR 436 interchange project.

 

19.  Copy of letter dated 6/20/05 to Tony Segreto, Interim City Manager-Casselberry (with attachment) from Kevin Grace, Co. Manager, re: 1st response services provided.

 

20.  Memorandum dated 6/21/05 to Commissioner Carey (with attachments) from Kevin Grace, Co. Manager, re: Co. Employee Pay Plan.

 

21.  Letter dated 5/25/05 to Chairman Henley from Senator Mel Martinez re: CDBG Program.  (cc:  BCC, Co. Manager, Deputy Co. Managers, Co. Attorney, Planning & Development Director)

 

22.  Letter dated 6/17/05 to BCC from Diane Pickett Culpepper, Bright House, re: Expansion of Favorites on Demand Service.

 

23.  Letter dated 6/20/05 to BCC from Everett Huskey, President-Huskey Development, re: Appreciation for prompt response.

 

24.  Letter dated 6/20/05 to BCC (with attachment) from Everett Huskey, President-Huskey Development, re: Lake Brantley High School.

 

25.  Copy of letters dated 6/15/05 from Kenneth Roberts, Public Safety Director, re: Appreciation for recent donations to the following:  Girl Scouts of Citrus Council, Inc.; Virginia Kittinger; Priscella Sandi; Holly Peacock; and Linda Yankee.

 

26.  Copy of letters dated 6/21/05 from Kenneth Roberts, Public Safety Director, re:  Appreciation for recent donations to the following:  Rebecca Smith; Eastern States Veterinary Association, Inc.; Vicki Berman; and Lois Davies.

 

27.  Copy of letter dated 6/21/05 to Spring Valley Garden Club from Jane Peterson, Library Services Manager, re: Appreciation for recent donation.

 

28.  Contract for services, as shown on page _______, between Seminole County and the following:  Robert Lefrancois (Softball Scorekeeper), and Rocco Campanale (Umpire Slow Pitch Softball).

 

COUNTY MANAGER’S REPORT

     Acting County Manager, Don Fisher, advised that he has met with Mr. Grace and noted that ADA funding for LYNX was discussed at the last Mayors/Managers meeting.  He further advised staff is recommending sending a letter to the cities suggesting they continue to do what they have done in the past until a long-term solution has been decided upon. 

     Commissioner Carey stated that she would hope that the cities, with the additional revenue coming in this year from property assessments, would step up to the plate to fund this needed service.  She added that she wants the County to pursue over funding sources when the Legislature reconvenes. 

     The Board voiced no objections to sending the letter as requested by Mr. Fisher. 

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     The Chairman adjourned the meeting at 2:13 p.m., this same date. 

 

 

ATTEST:____________________Clerk____________________Chairman

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