SEMINOLE COUNTY

BOARD OF COUNTY COMMISSIONERS

AGENDA

TUESDAY, JANUARY 25, 2005

COUNTY SERVICES BUILDING

BCC CHAMBERS – ROOM 1028

1101 EAST FIRST STREET

SANFORD, FLORIDA

Convene BCC Meeting at 9:30 A.M.

Opening Ceremonies

·        Invocation

·        Pledge of Allegiance

Awards and Presentations:

1.

MetroPlan Orlando Year 2005 Long Range Transportation Plan – (Mr. Harold Barley, Executive Director)

Consent Agenda

·        County Manager’s Consent Agenda (Items No. 1A - 24)

County Manager (Kevin Grace)

Add On

1A.

Confirm appointment of Dan T. Matthys as Planning and Development Director, effective February 14, 2005.

Economic Development (William McDermott, Director)

2.

Adopt Resolution approving the issuance of Industrial Revenue Bonds by the Seminole County Industrial Development Authority to finance the acquisition by Progressive Healthcare Providers/Fern Park, LLC of a 64 bed intermediate care facility located in Seminole County, Florida.

Environmental Services (Bob Adolphe, Director)

3.

Approve and accept the Corrected Utility Easement/Lift Station Agreement with Seminole County and the Seminole County School Board.  The original easement was approved by the Board of County Commissioners on May 27, 2003 for a well and pipeline site at the Wilson Elementary School on Orange Boulevard.  District – 5 Carey

(Hugh Sipes)

Fiscal Services (Lisa Spriggs, Director)

Administration

4.

Authorize Tax Collector to publish the 2004 Tax Delinquent Lists in the Seminole Herald at the rate of $0.70 per square inch for the first insertion and $0.40 per square inch for each subsequent insertion.

Budget (Patricia Comings)

5.

BCR  #04-57 - $673,911 – Various Departments – Various Funds.  FY 2003/04 year end cleanup of accounts.  Amounts are covered by available funds within the departments’ budgetary accounts.

6.

BCR #05-14 - $2,200,000 – Public Works – Engineering – Fund 11500 – 1991 Infrastructure Sales Tax Fund.  In conjunction with construction bid award by the BCC on January 25, 2005, a budget revision is needed for the final segment of the East Lake Mary Boulevard (ELMB) road project, which will complete this new roadway extension to its northern terminus at SR 46/SR415.  This revision involves a transfer of $2,200,000 of available budgeted construction funds from the completed initial segment of ELMB (Phase I) to the final segment of ELMB (Phase II) which this construction bid addresses.  Funds are available from this initial segment of ELMB (Phase I) due to economies of scale realized when it was combined with an adjacent construction segment of Lake Mary Boulevard (LMB, Phase III).  BAR 05-18 is also on this agenda and recognizes $2,919,829 in reimbursement revenues from the City of Sanford and the Florida Department of Transportation which will offset the costs relating to utility installations and specific costs relating to milling and resurfacing.

7.

Budget Amendment Request (#05-18), $2,919,829 – Public Works:  11500 – 1991 Infrastructure Sales Tax Fund.  In conjunction with construction bid award by the BCC on January 25, 2005, a budget revision is needed for the final segment of the East Lake Mary Boulevard (ELMB) road project, which will complete this new roadway extension to its northern terminus at SR 46/SR415.  This revision involves the recognition of $2,782,317 in reimbursement revenues from the City of Sanford which will offset the costs relating to utility installations under an Interlocal Agreement approved by the BCC on October 12, 2004 as well as the recognition of $137,512 in reimbursement revenues from the Florida Department of Transportation for the milling/resurfacing at the intersection of SR 46/SR415 under an agreement approved by the BCC on September 23, 2003.  BCR #05-14 is also on this agenda and transfers $2,200,000 from an initial segment of ELMB to the final segment of this road project.

8.

BCR #05-15 - $92,220 – Community Services – Community Assistance – Fund: 11903 – Drug Abuse Grant Fund.  An accounting adjustment is needed to move budgeted funds to the correct account line for the Byrne Grant-Elder Services Unit IV which is administered by the State Attorney’s Office.

9.

Budget Amendment Request (#05-19) - $110,693 – Environmental Services – PEI – Fund: 40102 – Water Connection Fees Fund.  Funds need to be in place for the construction of a 12-inch water main from Indian Hills Water Treatment Plant to just south of Waverly Drive.  The upsizing is identified as required in the August 2003 Water and Sewer Master Plan update for area hydraulics.  The 12-inch water main will be replacing an existing 8-inch asbestos concrete water main.  Construction is to be completed as part of the Kewannee Trail Project.  The bids for the Kewannee/Winnebago Water Main Upsizing Project came in higher than anticipated due to increased material costs.

Purchasing (Ray Hooper, Manager)

10.

Award CC-1243-04/TLR – East Lake Mary Boulevard IIB to John Carlo, Inc., Orlando, Florida ($16,046,432.08)

11.

Award CC-1253-04/TLR – Kewannee Trail Water Main to Cathcart Contracting Co., Winter Park, Florida ($163,722.00)

12.

Increase the Board Approved Annual Expenditures on PS-586-01/BJC-Engineering Services Agreement for Solid Waste Management – Master Agreement, with SCS Engineers of Tampa, Florida (increase the Board approved amount of the contract by $2,139,000.00 and the amount of Work Order #23 by the same dollar amount).

Information Only (Emergency Procurement)

13.

In accordance with the Seminole County Code, Section 220.41 Emergency Procurement; reporting of an emergency purchase exceeding the mandatory bid threshold concerning Howell Creek Erosion Control at Eagles Point Subdivision to Singhofen & Associates, Inc., Winter Park (not-to-exceed amount of $124,966.64)

Planning & Development (Don Fisher, Director)

Community Resources (Colleen Rotella, Manager)

14.

Approve and authorize Chairman to execute Satisfactions of Second Mortgage for households assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program.  (Annie Knight)

15.

Approve and authorize Chairman to execute the First Amendment to the Agreement with Rescue Outreach Mission of Sanford, Inc. 

(District – 5 Carey)  (Buddy Balagia)

16.

Approve and authorize Chairman to execute Seminole County/Brother’s Keepers, Inc., HUD/CDBG Subrecipient Agreement for Program Year 2002-2003.  (District – 5 Carey)  (Robert Heenan)

17.

Adopt Resolution renaming Sharps Settlement Lane to Bloom Lane.  District – 5 Carey  (Patti Windham)

Development Review (Mahmoud Najda, Manager)

18.

Approve and authorize Chairman to execute the Final Plat for AmSouth containing one commercial lot zoned PUD (Planned Unit development) on a 1.47 acre parcel within the Hunters Landing Planned Unit Development located on the north side of West McCulloch Road and approximately 293 feet west of the intersection of SR 434 (Alafaya Trail) (AmSouth Bank, Inc.).  District – 1 Dallari (Cynthia Sweet)

19.

Approve and authorize Chairman to execute the Minor Plat for Andros Estates located at the junction of Orange Boulevard and New York Street (Nickolas Firios and Theodore Firios).  District – 5 Carey 

(Denny Gibbs)

20.

Approve and authorize Chairman to execute the Minor Plat for Massey Cadillac-Sanford, located on SR 46 at Oregon Avenue (SRE Florida -2, LLC).  District – 5 Carey  (Denny Gibbs)

Public Safety (Ken Roberts, Director)

Animal Services (Mike Wittmer)

21.

Approve and authorize Chairman to execute revisions to the Animal Services Fee Resolution. 

Public Works (Gary Johnson, Director)

Road Operations/Stormwater (Mark Flomerfelt, Manager)

22.

Approve release of Road Maintenance Bonds for the following projects:

(1) Bond #545-82-23 in the amount of $9,700.00, for the Academy of Learning project. District – 5 Carey

(2) Bond #447002876 in the amount of $5,595.92, for the Grandeville at River Place project.  District – 1 Dallari

(3) Bond #6179718 in the amount of $14,322.00 for the Magnolia Plantation 4A project.  District – 5 Carey

(4) Bond #103770912 in the amount of $17,739.30 for the Autumn Chase Phase 2, aka Hester Property project.  District – 5 Carey

(5) Bond #8032923339-55 in the amount of $7,750.00 for the Park Place at Heathrow/CR46A ROW.  District – 5 Carey

23.

Approve release of Letters of Credit for Road Maintenance Agreements for the following:

(1) Release Letter of Credit #78 in the amount of $20,815.70 for the Brookwood Forest project.  District – 1 Dallari

(2) Release Letter of Credit #P000081 in the amount of $48,589.26 for the Astor Farms Phase 2 project.  District – 5 Carey

(3) Release Letter of Credit #103817483 in the amount of $1,070.00 for the Lakeside United Methodist Church Phase 1 project. 

District - 5 Carey

(4) Release Letter of Credit #02-13 in the amount of $2,000.00 for the Viscaya Cove project.  District - 3 Van Der Weide

(5) Release Letter of Credit #B2 1848034 in the amount of $5,435.00 for the Baker’s Crossing Phase I/South Sanford Avenue ROW. 

District - 5 Carey

24.

Approve and authorize Chairman to execute Change Order for Contract Agreement #SE661AA between St. Johns River Water Management District (SJRWMD) and Seminole County for date of completion extension to November 29, 2006, for construction of two Regional Stormwater Facilities.  District – 5 Carey

·       County Attorney’s Consent Agenda (Item No. 25)

Litigation

25.

Michael R. and Rochelle Kendrick Property – Approve proposed settlement relating to Parcel Number 132 of the Lake Drive road improvement project, located at 1998 Lake Drive, Winter Springs, in the amount of $57,000.00, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs.  Judge Simmons

Constitutional Officers Consent Agenda (Items No. 26 - 28)

• Clerk’s Office (Maryanne Morse, Clerk of the Court)

26.

Expenditure Approval Lists dated December 27, 2004 and January 3, 2005; and Payroll Approval List dated December 30, 2004.

27.

Official Minutes dated December 14, 2004

28.

Clerk’s “received and filed” – for information only

·        Legislative Update

29.

Legislative Briefing 2005 – (Steve Lee, Sally Sherman)

·        Regular Agenda

30.

Code Enforcement Lien – Staff recommends waiving three (3) Code Enforcement liens totaling $63,470.00 on the property located at 841 W. Forest Brook Road, Maitland, Florida, Case #99-17A-CEB (Shola A. Adebagbo, deceased).  District – 4 Henley  (Matthew West)

31.

Jetta Point Conceptual Plan – Approve conceptual park plan for the Jetta Point property and establishment of the project fund for the development of the park in the amount of $1.7 million funded from Florida Community Trust grant proceeds.  (Suzy Goldman)

32.

Seminole Health Department and Community Services Lease -   Approve and authorize Chairman to execute the Seminole Health Department and Community Services Lease and transfer $63,951 from the General Fund Contingency to Support Services Rentals and Lease line (010530-530-44000) and $7,685 to Contracted Services line (010530-530-34000). Total from Contingency $71,636.

District – 1 Dallari  (Meloney Lung)

33.

Outsource Pet License Program - Authorize Animal Services to proceed with an RFP to Outsource the Pet License Program to better identify animals that are rabies susceptible, to facilitate jurisdictional information and to increase revenue collections.  (Mike Wittmer)

34.

Lake Mills Application for Aquatic Weed Control MSBU - Authorize the MSBU Program to alter the MSBU process specified in the MSBU Program Guidelines to accommodate the needs of the Lake Mills Aquatic Weed Control MSBU application.  District – 1 Dallari 

(Kathy Moore)

Add On

34A.

Refunding of the County’s Series 1999 Water & Sewer Revenue Bonds – Authorize staff to proceed with the refunding of the County’s Series Water & Sewer Revenue Bonds and selection of Bank of American as Senior Underwriter.  (Lisa Spriggs)

·        County Manager’s Briefing

35.

Wekiva Parkway and Protection Act – Staff seeking input relating to requirements of the Wekiva Parkway and Protection Act and potential funding and/or other issues to meet the requirements of the Act. 

(Tony Matthews)

36.

Library Expansion Study -  Staff seeking direction regarding the implementation of the library plan recommendations related to facilities and services.  (Suzy Goldman)

37.

Eureka Hammock Urban Conservation Village Floodplain Compensating Storage – Staff seeking direction regarding the ability to provide compensating storage for lands within the 100 year floodplain in the Eureka Hammock Conservation Village.  District – 5 Carey 

(Tony Walter)

38.

County-Owned Land – Staff seeking direction on the use of the structures located at Dodd/Dike Road (Children’s Village). 

District – 1 Dallari (Meloney Lung)

·       County Attorney’s Briefing

·        Recess BCC Meeting until 1:30 P.M.

·        Reconvene BCC Meeting at 1:30 P.M.

·        Public Hearing Agenda

·        Accept Proofs of Publication

·        Chairman’s statement of Public Hearing Rules and Procedures

Public Hearings:

39.

(continued from 12/14/04 and January 11, 2005) Appeal of the Board of Adjustment’s decision to approve the request for (1) Special Exception to establish a 194 foot tall monopole communication tower in the A-5 (Rural Zoning Classification District); and (2) associated variances from 582 feet to 60 feet, 582 feet to 230 feet; 582 feet to 270 feet; 582 feet to 450 feet; and 582 feet to 535 feet to reduce the minimum distance separation from the proposed tower to the nearest properties with single-family dwellings (Richard and Jay Shirah/Spintcom, Inc.).

District – 2 Morris  (Kathy Fall)

40.

Small Scale Land Use Amendment –Approve request for a Small Scale Land Use Amendment from Planned Development (PD) to Planned Development (PD) and PUD Major Amendment on approximately 8.1 acres Walden Chase, and authorize Chairman to execute Developer’s Commitment Agreement on same located on the north side of Palm Valley Drive,  600 feet east of Alafaya Trail  (Thomas Daly). District – 1 Dallari (Jeff Hopper)

41.

Boat Dock Regulations ­ Ordinance – Second of two public hearings.

This Item is being withdrawn and re-advertised in order to make the changes to the Ordinance requested by the Board of County Commissioners at its meeting January 11, 2005.  (Matthew West)

Chairman’s Report

District Commissioner’s Report – District 1, 2, 3, 4 and 5.

Committee Reports

County Manager’s Report

Items for future Agenda – Commission, Staff, or Citizens

·        Recess BCC Meeting until 7:00 P.M.

·        Reconvene BCC Meeting at 7:00 P.M.

Public Hearings:

42.

(continued from October 26, 2004 and December 14, 2004) Appeal of the Board of Adjustment’s denial of a (1) special exception to establish a 150 foot tall “ecclesiastical” camouflage communication tower in the A-1 (Agriculture District); and (2) associated variances from 450 feet to 350 feet, 450 feet to 250 feet, 450 feet to 237.4 feet, and 450 feet to 300 feet to reduce the minimum separation distance required between a proposed 150 foot tall “ecclesiastical” camouflage communication tower and properties with single-family residential dwellings (Karl J.Sanders/Edwards Cohen)  District – 5 Carey  (Earnest McDonald)

43.

(continued from January 11, 2005) Revised Development Plan – Approve the Development plan for the Woods at Casselberry apartments on approximately 10.72 acres zoned R-4 (Multi-Family Residential) located on the west side of Jergo Road, approximately 800 feet south of Howell Branch Road  (Francisco Rogo/Landmark Companies).  District – 1 Dallari   (J.V. Torregrosa)

44.

(continued from January 11, 2005) Appeal of the Board of Adjustment’s denial for a special exception for the one-year placement of a mobile home/construction trailer in the A-1 (Agriculture District) while a single-family home is under construction located at 331 Beach Avenue, Longwood, Florida (Bonnie Giroux).  District – 4 Henley  (Jason Showe)

Adjourn BCC Meeting

PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE HUMAN RESOURCES DEPARTMENT, ADA COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT 407-665-7941.

FOR ADDITIONAL INFORMATION REGARDING THIS NOTICE, PLEASE CONTACT THE COUNTY MANAGER’S OFFICE, AT 407-665-7219.  PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL DECISIONS MADE AT THESE MEETINGS / HEARINGS, THEY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, PER SECTION 286.0105, FLORIDA STATUTES.