SEMINOLE COUNTY

BOARD OF COUNTY COMMISSIONERS

AGENDA

TUESDAY, JULY 27, 2004

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.

Resolution – commending Jane Dees for her 20 years of community service to the citizens of Seminole County.

2.

Presentation – Commuter Rail Transit Project Update

(Michael E. Snyder, P.E. – Florida Department of Transportation)

3.

Presentation – LYNX Budget  (Linda Watson, Executive Director)

Consent Agenda

·        County Manager’s Consent Agenda (Items No.  4 – 37)

County Manager (Kevin Grace)

4.

Confirm appointment of Donald Fisher as Deputy County Manager, effective July 28, 2004.

Environmental Services (Bob Adolphe, Director)

Business Office (Bob Briggs, Manager)

5.

Approve release of original Water and Sewer Maintenance Bond #929226852 dated 7/12/02 (Taylor Woodrow) in the amount of $25,966.70 for water and sewer for the project known as Alaqua Lakes Ph 7A.  District – 5 McLain  (Becky Noggle)

6.

Approve release of original Water and Sewer Maintenance Agreement with Letter of Credit #78530659 dated 8/22/02 (MAG Development) in the amount of $12,634.00 for the project known as Bentley Cove.  District – 1 Maloy  (Becky Noggle)

7.

Approve and authorize Chairman to execute the Conditional Utility Agreement for water service and an Exhibit “G” for the oversizing of off-site mains pertaining to the project known as Lake Jesup Woods.

Solid Waste Management (David Gregory)

8.

Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Sun State Trees and Property Maintenance, Inc., to operate a yard waste recycling facility.

9.

Approve and authorize Chairman to execute the Assignment of Non-Exclusive Franchise Agreement for Commercial Solid Waste Service from Advance Disposal Services Central Florida, LLC to Waste Services of Florida.

Fiscal Services (Lisa Spriggs, Director)

Administration

10.

Approve and authorize Chairman to execute the Agreement between Seminole County and the State Attorney for Professional Services. 

Budget (Patricia Comings)

11.

Authorize scheduling and advertising a public hearing for presentation of the proposed Port Authority budget for FY 2004/05. 

12.

BCR #04-41 – $435,000 – Public Works – Engineering – Fund: 32100 – Natural Lands / Trails Bond Fund.   This budget adjustment will provide funds for construction of a trailhead at Markham Woods Road and Long Pond Road and a trailhead at Winter Miles Park.  On June 8, 2004, the County Commission authorized staff to proceed with activities for the design and construction of these two projects in FY 03/04.  As identified in agenda item #50 from the referenced Board meeting, funds are available from monies currently budgeted under Flagler Trail in the Natural Lands/Trails bond fund.

13.

BCR #04-42 – $41,500 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund. The Parks & Recreation Division has $70,000 budgeted for playground equipment replacement at Greenwood Lakes Park.  Since budget adoption, staff has learned that the surfacing beneath the play units must be replaced as well to meet current industry standards.  An additional $41,500 is required for the surfacing and site preparation.  The Parks & Recreation Division has $50,000 budgeted for replacement of a pavilion roof at Red Bug Lake Park.  It was determined that the surfacing and site preparation was a higher priority than the replacement roof.  The pavilion roof will be deferred and requested in the FY04/05 budget.

14.

BCR #04-44 – $67,359 – Public Works – Engineering – Fund: 10101 – Transportation Trust Fund.  Additional funding is needed for the Flagler/FNST (Florida National Scenic Trail) Bridge Replacement.  The project is currently budgeted at $212,000 but the bid came in at $244,000.  Funding is also needed for materials and testing.  Funding is available from the design account for the bridge replacement and from small remaining construction account balances in other trail projects.

15.

Budget Amendment Request, $60,188 – Public Safety: 11200 – Fire Fund. This Budget Amendment recognizes $60,187.50 in revenue received on May 7, 2004 as payment on a grant that was awarded to the Seminole County EMS/Fire/Rescue Division on March 31, 2004 as part of the EMS Grant Program through the Florida Department of Health.  These funds are entitled End-Tidal CO2 Detection Module and will be used to upgrade Lifepack 12 defibrillators.  This grant requires a 25% match of County Fire funds ($20,063). The match portion of the capital is $18,718 will be redesignated as follows:  $11,273 savings on the purchase of 6 defibrillators  and by deferring the purchase of the Nitrous Oxide replacements $7,445.  The remaining match, $1,345 will be utilized from the Operating Supplies account to match the grant operating funds.

16.

Budget Amendment Request, $99,047 – Public Works: 13000 – Stormwater Fund.  Additional funds are needed for the Waverly Way and the Oakhurst Stormwater projects. The Waverly Way project requires additional sodding and a driveway replacement (in lieu of patching) to eliminate road and property flooding within the Knollwood Subdivision. The Oakhurst project requires additional manhole and jack and bore work due to unanticipated field conflicts with a telephone line. A transfer from Stormwater Fund Reserves is requested.

17.

Budget Amendment Request, $8,575 – Public Safety: 00100 – General Fund.  This Budget Amendment recognizes $8,575 in revenue for a grant that was awarded by the Florida Department of Community Affairs to the Seminole County Public Safety, Emergency Management Division.  This grant will be utilized to update the Hazards Analysis data for Seminole County.  There is no requirement to match the allocation with County funds.  This Budget Amendment is contingent upon Board approval of the acceptance of this grant.

18.

Budget Amendment Request, $257,992 – Public Safety: 00100 – General Fund.  This Budget Amendment recognizes $257,992 in revenue for a grant that was awarded to the Seminole County Public Safety, Emergency Management Division for State Homeland Security Grant Programs.  The four components in the scope of work, approved by the State, are: EOC enhancements, Local Planning, Local Exercises and All Discipline Training.  There is no requirement to match the allocation with County funds.  This Budget Amendment is contingent upon Board approval of the acceptance of this grant.

Purchasing (Ray Hooper, Manager)

19.

Award CC-1238-04/AJR– Seminole County Firefighter Training Facility Re-Roofing Construction Project with the Roofing Connection, Inc. of Orlando, FL, (Not-to-Exceed $248,400.00).

20.

Approve Change Order #7 to CC-1193-02/BJC – Wilson Park Construction with Pooley Enterprises, Inc., Orlando ($52,385.00 + 152 days).

21.

Accept and authorize the Chairman to execute the Certificate of Final Completion for DB-605-00/BJC – Seminole County Juvenile Justice Center (Certificate of Completion).

22.

Approve Ranking List, Authorize Negotiations, and Award a Master Agreement for PS-5164-04/AJR – Master Agreement for Final Design of Red Bug Lake Road and Tuskawilla Road Intersection Improvements.

23.

Report of a Sole Source Procurement for Siemens Wide Area Network Equipment for Criminal Justice with Siemens Information and Communications Network Inc, Chicago, IL ($39,518.00).

Planning & Development (Don Fisher, Director)

Community Resources (Colleen Rotella, Manager)

24.

Approve and authorize Chairman to execute the First Amendment to the 2003-2004 Emergency Shelter Grant (ESG) Subrecipient Agreement with Seminole County Victim’s Rights Coalition, Inc.  (Robert Heenan)

25.

Approve and authorize Chairman to execute the HUD required grant applications, grant agreements and document forms and to submit the County’s 2004-2005 One Year Action Plan of the 2000-2005 Five Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD).  (Robert Heenan)

26.

Approve and authorize Chairman to execute twenty-one (21) Satisfactions of Second Mortgage for households assisted under the SHIP Program’s Home Ownership Assistance Program.  (Annie Knight)

27.

Approve and authorize Chairman to execute a Satisfaction of Seminole County Emergency Repair Housing Program Grant Agreement and Memorandum of Agreement and Release of Restrictive Covenants and a Satisfaction of Second Mortgage for households assisted with emergency repair assistance under the Seminole County Emergency Repair Housing Program Grant Agreement.  (Annie Knight)

28.

Approve and authorize Chairman to execute an Addendum to the Jetta Point Contract with Florida Communities Trust.  District – 2 Morris 

(Craig Shadrix)

Development Review (Mahmoud Najda)

29.

Adopt Resolution to vacate and abandon the east 7 feet of the platted 14 foot public utility easement lying along the west property line of English Estates Unit one, located SE of 17-92 on the west side of Glastonberry Road between Sunderland Road and Falmouth Road at 1351 Glastonberry Road, Maitland.  District – 4 Henley 

(Rebecca Hammock)

30.

Approve Final Plat for Colonial Town Park located on the north side of CR 46-A and west of I-4 (Mark Jacobson, Bowyer-Singleton & Associates).  District – 5 McLain  (Michael Rumer)

Public Safety (Ken Roberts, Director)

Animal Services (Mike Wittmer)

31.

Authorize scheduling and advertising a Public Hearing to amend Chapter 20, Section 20.16 of the Seminole County Code.

Emergency Management (Joe McCluan)

32.

Approve and authorize Chairman to execute Agreement between the State of Florida Department of Community Affairs and Seminole County to receive a non-matching grant of $257,992.  The grant is provided to perform eligible activities for Domestic Preparedness for fiscal year 2004/2005, State Homeland Security Grant Program. 

33.

Approve and authorize Chairman to execute the Hazards Analysis Grant between the Florida Department of Community Affairs and Seminole County in accordance with the Florida Hazardous Materials Emergency Response and Community Right-To-Know Act of 1988, Chapter 252 Florida Statutes, the Department of Community Affairs (DCA) is authorized to adopt rules necessary to implement SARA Title III.

EMS/Fire Rescue (Terry Schenk)

34.

Approve and authorize Chairman to execute the contract and addendums for the sale and purchase of vacant land located adjacent to Bear Lake Road and SR 436 for the relocation and construction of County Fire Station 13 in the amount of $640,000. 

Public Works (Gary Johnson, Director)

Road Operations/Stormwater (Mark Flomerfelt, Manager)

35.

Approve and authorize Chairman to execute a change order for Contract Agreement #SG471AA between St. Johns River Water Management District (SJRWMD) and Seminole County to extend the date of completion to June 2005 for conceptual design of Cassel Creek Stormwater Management and Investigation Facility.  District – 4 Henley

Tourism Development (Suzan Bunn)

36.

Approve and authorize Chairman to execute Agreement between Seminole County and the City of Sanford in the amount of $5,000 for the 2004 ISA Slow Pitch World Series to be held September 10-12, 2004. 

37.

Approve and authorize Chairman to execute Agreement between Seminole County and the Amateur Softball Association of America in the amount of $2,500 for the 2004 ASA Men’s Major Slow Pitch Nationals to be held September 14-16, 2004. 

·       County Attorney’s Consent Agenda (Items No.  38 – 42)

Property Acquisition

38.

Daniel and Jacqueline Guenther Property – Approve and execute Purchase Agreement relating to Parcel Number 151/751 of the Lake Drive road improvement project, located at 1440 Azalea Avenue, Casselberry, in the amount of $180,000.00, including attorney fees and expert costs incurred.

39.

Desmond and Jennifer Assam Property - Approve and execute Purchase Agreement relating to Parcel Number 136 of the Lake Drive road improvement project, located at 1930 Lake Drive, Casselberry, in the amount of $160,000.00, with no fees, costs or expenses incurred.

40.

Thomas A. Murphy Property - Approve and execute Purchase Agreement relating to Parcel Number 142 of the Lake Drive road improvement project, located at 1827 Lake Drive, Casselberry, in the amount of $27,500.00, including attorney fees and costs incurred.

41.

CSX Transportation, Inc. Property  - Approve and execute purchase agreement relating to the early acquisition of property owned by CSX Transportation, Inc. (CSX). Part of this property is necessary to be acquired in order to construct improvements to Bunnell Road, and the remainder to be purchased will be used for a public trail project. The

proposed Agreement purchases CSX’s ownership interest in the approximately 14.7 acres of property for the amount of $2,819,738.00, inclusive of all fees, costs and expenses. The Board previously approved the purchase of the leasehold interest over this property from Florida Central Railroad Company (FCRC) for the amount of

$996,000.00, contingent upon agreement being reached with CSX. The total amount to be paid for the railroad property is $3,815,738.00.

Other

42.

Attorney Fees and Costs - Approve request for payment of attorneys’ fees and legal costs in the amount of $12,953.21 and authorization for County Manager to execute budget transfer relating to the payment for representation of Commissioner Randall C. Morris before the Florida Commission on Ethics. (See attached memorandum for full discussion as to the facts of the case and the applicable law).

Constitutional Officers Consent Agenda (Items No.  43 – 46)

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

43.

Expenditure Approval Lists dated June 28, July 6 & 12, 2004; and Payroll Approval List dated June 17, 2004

44.

Satisfactions of Judgment/Court Costs

45.

Satisfactions of Judgment/Bail Bond Liens

46.

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

47.

Legislative Update (Sally Sherman)

Homestead Exemption Update

Department of Juvenile Justice Cost Shift

·        Regular Agenda

48.

Final Master Plan – Approve Final Master Plan and Developer’s Commitment Agreement for Lakeview Estates PUD and authorize Chairman to execute same; located on the west side of AAA Boulevard, ½ mile north of International Parkway (Meredith Pickens). 

District – 5 McLain  (Jeff Hopper)

49.

Merrill Park Softball Complex - Approve and authorize Chairman to execute Agreement between Seminole County and the City of Altamonte Springs for the Merrill Park Softball Complex in the amount of $50,000 per year for ten years totaling $500,000. (Suzan Bunn)

50.

Proposed Millage Rates – Discuss and set tentative proposed millage rates to be included on TRIM notifications and authorize staff to schedule and advertise two public hearings for the adoption of the tentative and final operating and capital budget for FY 2004/2005.

(Lin Polk)

51.

Residential Solid Waste Collection Franchises – Authorize staff to finalize a Residential Solid Waste Collection Franchise Agreement for Republic Services for Service Area 3.  (David Gregory)

52.

Compensation and Benefits  – Staff request direction and recommendation regarding Compensation and Benefits Analysis.  (Janet Davis)

53.

Home Rule Charter Change ­– Authorize scheduling and advertising a public hearing on August 10, 2004 to consider an ordinance proposing amendments to the Seminole County Home Rule Charter establishing an Urban/Rural Boundary, and provide that for all property lying east of the Boundary, all land use determinations shall be made by the County in accordance with the County Comprehensive Land Use Plan; regardless of municipal annexation.  (April Boswell)

·        County Manager’s Briefing

54.

Geneva Freshwater Lens – Staff request Board direction regarding the update of findings by the Geneva Freshwater Lens Taskforce.  District – 2 Morris and District – 5 McLain (April Boswell)

55.

Deferred Compensation Plan – Staff request Board direction regarding the number of providers for the County’s Deferred Compensation Plan under RFP-4210-04/AJR and authorize staff to conduct negotiations.  (Janet Davis)

·        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:

56.

Vacate and Abandon – Adopt Resolution to vacate and abandon a 10’ platted drainage easement located at 2444 and 2132 Alaqua Lake Boulevard in the Alaqua Lakes Subdivision, Phase 5B (Thomas and Linda Jones)  District – 5 McLain (Michael Rumer)

57.

Colonial Town Park Private Road and Access Easement Vacate – Adopt Resolution to vacate and abandon two private road easements and an access easement dedicated to Seminole County located north of CR 46-A and west of I-4 within Colonial Town Park (Shutts & Bowen).  District – 5 McLain

(Michael Rumer)

58.

Lanark Street ROW Vacate – Adopt Resolution vacating a portion of the unimproved right-of-way of Lanark Street (Brad Hester, Lowndes Drosdick, P.A.),  District – 5 McLain  (Michael Rumer)

Staff request this Item be continued to the 8/10/04 Public Hearing at 1:30 P.M. to resolve an outstanding trail issue. 

Chairman’s Report

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

Committee Reports

County Manager’s Report

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

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

Public Hearings:

59.

(continued from July 13, 2004) - Large Scale Land Use Amendment – Approve transmittal for a Large Scale Land Use Amendment from LDR to PD and Rezone  from A-1 to PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection (Javier E. Omana)  District – 1 Maloy  (Jeff Hopper)

60.

(Continued from July 13, 2004) - Urban Conservation Village Ordinance – Adopt Ordinance amending the Seminole County Land Development Code to include creating the Urban Conservation Village Overlay Zoning Classification.  District – 5 McLain  (Tony Walter)

61.

Appeal of the Board of Adjustment’s decision to deny a request for special exception to establish gasoline pumps as an accessory use to a convenience store in the PUD (Planned Unit Development District located on the southeast corner of the intersection of Tuskawilla Road and SR 426 (Micah Savell, Trinity Capitol LTD).  District – 1 Maloy

(J.V. Torregrosa)

62.

Appeal of the Board of Adjustment’s decision to deny a minimum lot size variance and setback variances located at Lee Avenue (Scott Ryan).  District – 1 Maloy  (Tony Walter)

63.

Orange Boulevard Special Study Area ­– Staff will be briefing the Board on this Special Study and requesting the Board provide comments and direction on the content and conclusions reached in the study.  District – 5 McLain  (Alice Gilmartin)

Items for future Agenda – Commission, Staff, or Citizens

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.