SEMINOLE COUNTY

BOARD OF COUNTY COMMISSIONERS

AGENDA

TUESDAY, NOVEMBER 9, 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 ­-  honoring Grant Maloy for his dedication to the citizens of Seminole County during his term of office from November 1996 to November 2004 as Seminole County Commissioner for District 1.

2.

Resolution – honoring Daryl McLain for his dedication to the citizens of Seminole County during his term of office from November 1992 to November 2004 as Seminole County Commissioner for District 5 and as Chairman of the Seminole County Board of County Commissioners from November 2001 to 2004.

3.

Resolution – commending the Solid Waste Management Division for being awarded the “2004 Silver Excellence Award for Landfill Management”.

4.

Resolution – honoring Joseph H.  McCluan of the Emergency Management Division of the Public Safety Department for his dedication and service to Seminole County and its residents upon his retirement.

Consent Agenda

·        County Manager’s Consent Agenda (Items No. 5 – 36)

Administrative Services (Jamie Croteau, Director)

Support Services (Meloney Lung)

5.

Approve and authorize Chairman to adopt Resolution and execute County Deed conveying Parcels 08-20-30-503-5200-00A0, 08-20-30-503-5200-00B0, 08-20-30-503-5200-00E0 and 08-20-30-503-5200-00G0, including the south half of vacated right of way north of and adjacent to Block 52, approximately 2.067 acres to the City of Lake Mary for use in their City Hall improvement project. District – 2 Morris

Environmental Services (Bob Adolphe, Director)

Business Office (Bob Briggs, Manager)

6.

Approve and authorize Chairman to execute the Wholesale Water Service Capacity Agreement with the City of Oviedo and Seminole County to provide potable water service to the Black Hammock Community. 

Fiscal Services (Lisa Spriggs, Director)

Budget (Patricia Comings)

7.

Fiscal Year 03/04 - Budget Amendment Request (04-68), $91,521 – Tax Collector: 00100 – General Fund.  The Tax Collector's commission payment for the General Fund is based on taxes collected.  This action will appropriate the funds necessary through fiscal year-end 2003/04 due to an increase in the Tax Collector's collections.

8.

Fiscal Year 03/04 - Budget Amendment Request (04-66), $135,000 – Judicial: 00100 – General Fund.   This transfer is requested to cover the expenditures incurred through the Article V transition for Circuit Court Costs and Court Appointed Council.

9.

Fiscal Year 04/05 - Budget Amendment Request (05-07), $1,200 – Library & Leisure Services: 60305 – Historical Commission Donation Fund.  All funds in the Historical Commission Donation Fund are budgeted in a reserve line.  On 10/21/04 the Historical Commission voted to use $1,200 in donation funds for the purchase of a portable wall for use in the Museum office area.  This action transfers funds to the appropriate expenditure account line.

10.

Budget Amendment Requests Hurricane Related Debris Removal Reallocation of Funds between Fiscal Years BAR FY 03/04 in the amount of $30,836,540 and BAR FY 04/05 in the amount of $33,738,650.

11.

Budget Change Request #04-53 - $627,000 – Public Works – Traffic and Roads-Stormwater – Fund 10101 – Transportation Trust Fund & 13000 – Stormwater Fund for costs associated with initial actions related to hurricanes Charley, Francis and Jeanne.

12.

Budget Amendment Request FY04/05, $2,991,758 – Public Works- 10101 – Traffic and Roads/13000 – Stormwater Fund for costs associated with initial actions related to hurricanes Charley, Francis and Jeanne.

13.

Budget Change Request #04-54 - $850,077 – Various Departments – Fund: Various Funds.  FY 2003/04 year end cleanup of accounts. 

Grants Administration (Lee Bailey)

14.

Approve and authorize Chairman to execute application for the Museums Assessment Program through the Institute of Museum and Library Services (IMLS) for the Museum of Seminole County History to assess strengths and weaknesses and to plan for the future.

15.

Approve and authorize Chairman to execute application for the Museums for America Program through the Institute of Museum and Library Services (IMLS) for the Museum of Seminole County History to apply for funding to purchase and install a HVAC system to preserve and archive original local newspapers.

MSBU (Jennifer Bero)

16.

Authorize scheduling and advertising Public Hearings for the purpose of adopting the consolidated street lighting district Ordinance and adopt Resolution establishing Seminole County’s intent to adopt the Uniform Method of Collecting Non-Advalorem assessments. 

17.

Approve and authorize County Manager to execute the Street Lighting Agreement between Seminole County and Florida Power & Light for street lights located in the Trails Unit 1 Municipal Service Benefit Unit.

Purchasing (Ray Hooper, Manager)

18.

Award CC-1244-04/TLR – Lake Emma Road (Sand Pond to Lake Mary Center) to John Carlo, Inc., Orlando ($2,222,543.15).

19.

Approve Change Order #2 and authorize Chairman to execute the Certificate of Final Completion for CC-1200-02/BJC – Northwestern Avenue Erosion Control, with Schuller Contractors, Inc., Orlando ($56,741.50 + 70 days) (Certificate of Completion).

20.

Approve Change Order #2 to DB-607-01/BJC – SR 434 Trail Overpass with Jones Bros., Inc., Lake Mary ($15,958.95 + 85 days).

21.

Award CC-1247-04/TLR – Howell Creek Pedestrian Bridge to Southland Construction, Apopka ($148,376.00).

22.

Accept and authorize Chairman to execute Certificate of Final Completion for FC-1156-01/BJC – CR 427 Phase I (Certificate of Completion).

23.

Award RFP-4224-04/TLR – Prosecution Alternative for Youth Program Counseling Agreements (PAY Counselors Program) to Another Chance Counseling Center, Winter Park; Central Florida Psychological Services, Sanford; Eddie DelValle, Orlando; Families in Recovery, Longwood; Human Services and Resources, Longwood; Quest Counseling Centre, Altamonte Springs; and Robert Tango, PhD, PA, Lake Mary (Not-to-Exceed $62,000.00 per year).

24.

Approve Amendment #3 to RFP-4187-03/BJC – Performance Work Statement for Custodial Services for Miscellaneous County Buildings to A1A Cleaning Service, Inc. of Longwood ($37,440.00 per year).

25.

Approve Second Renewal for PS-5130-02/BJC – Continuing Services for Engineering Services for Soil and Materials Testing with Ardaman & Associates, Inc., Orlando and Nodarse & Associates, Inc., Winter Park (January 21, 2003 through January 21, 2006) (Not-to-Exceed $100,000 per year).

26.

Award IFB-3095-04/GMG – Term Contract for Comprehensive Landscape Maintenance and Maintenance of Irrigation System, at the Criminal Justice Center, to Valley Crest Landscape Maintenance, Inc., Orlando (Term Contract).

27.

Approve assignment of A/B-3012-01/GG – Term Contract for various sod and installation from Greenside Up, Inc. Kenansville, to Sterling Silver Scape & Sod, Inc., Kissimmee (Assignment).

28.

Authorize Sole Source Procurement and authorize issuance of Purchase Order(s) for various LifePak 12 System Equipment and related appurtenances including services to Medtronic Physio Control Corporation, Redmond, WA (Not-to-Exceed $500,000.00).

Library & Leisure Services (Suzy Goldman, Director)

Parks & Recreation (Joe Gasparini)

29.

Approve and authorize Chairman to execute the agreement by the Orlando Utilities Commission permitting access to Red Bug Lake for environmental monitoring. 

Planning & Development (Don Fisher, Director)

Community Resources (Colleen Rotella, Manager)

30.

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)

31.

Adopt Resolution renaming a segment of Redwood Grove Terrace to Foxtail Court to eliminate confusion and delays in emergency situations.  (Maggie Ketchum)

Development Review (Mahmoud Najda)

32.

Approve and authorize Chairman to execute the Final Plat for Hawthorn Glen Townhomes located on the northwest corner of Old Lockwood Boulevard and McCulloch Road  (Centex Homes).  District – 1 Maloy  (Denny Gibbs)

Public Safety (Ken Roberts, Director)

Emergency Management (Joe McCluan)

33.

Approve and recognize the Seminole County Continuity of Operations Plan and Terrorism Annex as a working document to assure continuation of Seminole County Government during and after emergencies.

34.

Approve and authorize Chairman to execute the Emergency Management Preparedness & Assistance Trust Fund Base Grant Agreement between the State of Florida Department of Community Affairs and Seminole County to receive a non-matching grant of $102,959.00 to enhance Emergency Management program capabilities.

Public Works (Gary Johnson, Director)

Engineering (Jerry McCollum, County Engineer)

35.

Adopt Resolution accepting Warranty Deed from Stratford Homes, Inc. to Seminole County for property necessary to improve the public access to the Seminole Wekiva Trail.  District – 5 McLain

Roads Operations/Stormwater (Mark Flomerfelt)

36.

Approve and authorize Chairman to execute the License Agreement between Orlando Utilities Commission (OUC) and Seminole County giving permission to OUC to access Lake Marion and Clear Lake for the lake/wetland environmental monitoring program.  District - 2 Morris and District – 4 Henley

·       County Attorney’s Consent Agenda (Items No. 37 – 39)

Litigation

37.

Newberg Property – Approve proposed settlement relating to Parcel Numbers 1837 and 1737 of the Lake Drive road improvement project, located at 2007 Lake Drive, Casselberry, in the amount of $6,000.00 inclusive of all land value, attorney’s fees and costs.  Judge Nelson

38.

Rybolt Property – Approve proposed settlement relating to Parcel Numbers 101, 103, and 104 of the Chuluota Bypass road improvement project, located at the intersection of County Road 419 and Snow Hill Road, in the amount of $174,844.60 inclusive of land value, severance damage, statutory interest and attorney’s fees.  Judge Nelson

39.

Inland Materials, Inc. Property – Approve proposed settlement relating to a revised Parcel Number 889 of the County Road 427 Phase I road improvement project, located at 1591 County Road 427 North, in the amount of $33,805.95, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs.  Judge Simmons

Constitutional Officers Consent Agenda (Items No. 40- 46)

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

40.

Expenditure Approval Lists dated October 19 & 25, 2004

41.

Satisfactions of Judgment/Court Costs

42.

BCC Minutes dated October 12, 2004

43.

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

• Sheriff’s Office (Don Eslinger, Sheriff)

44.

Approve Budget Amendment Request to enter the contract amount of $67,674 from the Community Based Care of Seminole (CBCS) into the Seminole County Sheriff’s Office Budget, and to add an additional position to the Sheriff’s Office headcount.

(Chief Penny Fleming)

45.

Authorize expenditure from the Law Enforcement Trust Funds in the amount of $2,000 for the following: $1,000 contribution to the Boys and Girls Club of Central Florida, West Sanford Branch in support of the Club’s Drug Prevention Program; and $1,000 contribution to the Girls and Boys Town of Central Florida based in Oviedo for assistance in outfitting the shelter with furniture and other household items. 

(Chief Penny Fleming)`

46.

Approve Budget Adjustment Request of $166,292 for Sheriff’s Office FY 04-05 from the Florida Department of Law Enforcement, State Homeland Security Law Enforcement Terrorism Prevention Program Grant.  Funds will be used to purchase equipment that supports Region #5 Initial Strategy Implementation for Domestic Security. 

(Chief Penny Fleming)

·        Legislative Update

·        Regular Agenda

47.

Extension Solid Waste Franchise Agreement – Approve and authorize Chairman to execute the Extension of three months to March 31, 2005 to the Solid Waste Franchise Agreement between Seminole County and Waste Management, Inc. of Florida. (David Gregory)

48.

Extension Solid Waste Franchise Agreement – Approve and authorize Chairman to execute the Extension of three months to March 31, 2005 to the Solid Waste Franchise Agreement between Seminole County and Republic Services, Inc.   (David Gregory)

49.

Assignment and Extension Solid Waste Franchise Agreement – Approve and authorize Chairman to execute the Assignment and Extension of three months to March 31, 2005 to the Solid Waste Franchise Agreement between Seminole County and Waste Services of Florida, Inc. (formerly Florida Recycling Services, Inc.). (David Gregory)

50.

Second Amended Agreement – Approve and authorize Chairman to execute the Second Amended Solid Waste Collection Franchise Agreement, Seminole County, Florida, Residential Collection Service between Waste Services of Florida, Inc. and Seminole County for the provision of residential solid waste collection in Service Area 2.

(David Gregory)

51.

Second Amended Agreement – Approve and authorize Chairman to execute the Second Amended Solid Waste Collection Franchise Agreement, Seminole County, Florida,  Residential Collection Service between Waste Management, Inc. of Florida and Seminole County for the provision of residential solid waste collection service in Service Area 1. (David Gregory)

52.

Deferred Compensation Plan ­– Staff is seeking direction to cancel RFP-4210-04/AJR, Employee Deferred Compensation Plan and award a contract to Nationwide Retirement Solutions.  (Janet Davis/

Ray Hooper)

53.

Minor Plat – Approve final plat for Burn’s addition to the Black Hammock Minor Plat with a waiver to the requirement to front on a County standard road required per SCLDC 35.62 (a) and 35.122 (a) located at 1100 Artesia Avenue  (Marshal Wolfe).  District 2 – Morris

(Denny Gibbs)

54.

Final Master Plan – Approve the Final Master Plan and the Developer’s Commitment Agreement for Greenway Pointe PUD on a 52 acre parcel located at the northwest corner of SR 426 and SR 417 (William T. Buckley/CCCH Greenway N. Prop., LLC, et al).  District – 1 Maloy

(Jeff Hopper)

54A.

Appeal of the Planning and Zoning Commission‘s denial of the Preliminary Subdivision Plan (PSP) for Greenway Pointe Townhomes, subject to the Board of County Commissioners approval of the Final Master Plan and Developer’s Commitment Agreement for Greenway Pointe PUD and subject to the conditions as outlined (Morrison Homes).  District – 1 Maloy  (Cynthia Sweet)

55.

Community Service Agency Partnership Grant Recommendation – Approve new funding request for the Central Florida YMCA, and amended contracts for the Christian Sharing Center and the Seminole County School Readiness Coalition.  (David Medley)

·        County Manager’s Briefing

56.

Gun and Archery Club Lease Agreement -  Staff is seeking direction to a request from the Seminole County Gun and Archery Club, Inc. to amend its lease on the landfill property to develop a sporting clays shooting range.  (David Gregory)

·       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:

57.

Resolution -  Budget Amendment to Rebudget Funds from FY 2003/04 to FY 2004/05.  (Patricia Comings)

58.

Rezone –  from RP (Residential Professional) to RP (Residential Professional) and authorize Chairman to execute a Development Order for a 1.38 acre site located on the east side of Line Drive, 500 feet south of Sand Lake Road (Sonny Sutherland).  District 3 – Van Der Weide

(Jeff Hopper)

59.

Vacate and Abandon – Adopt Resolution to vacate and abandon that portion of the public right of way known as Banana Lake Road consisting of 16,311 sq. ft. (.347 acres +/-) located south of CR 46A (Paola Road) and northwesterly of AAA Drive (Meredith Pickens, representative for applicant, Lakeview Estates, LLC). 

District – 5 McLain  (Cynthia Sweet)

60.

Rezone – from A-1 (Agriculture District) to RP (Residential Professional District) subject to the Development Order, Site Plan and architectural rendering on approximately 2.8 acres located on the east side of W. SR 426 approximately 650 feet south of W. Chapman Road (Aloma Office Center) (Lutheran Haven Inc.).  District -1 Maloy  (Tina Deater)

61.

Rezone – Adopt Ordinance to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) and authorize Chairman to execute a Development Order for a 1.63 acre site located at the southeast corner of International Parkway and Wayside Drive (CPH Engineers Inc.).  District – 5 McLain  (Jeff Hopper)

62.

Major Amendment – Approve PUD Major Amendment and authorize Chairman to execute an Addendum to the Developer’s Commitment Agreement for a 65.63 acre site located on the south side of CR 427, adjacent to the west side of SR 417 (Bobby Luthra/BLR Investments, Inc.)  District – 5 McLain  (Jeff Hopper)

63.

Heathrow International Business Center – Approve the Second Amendment to the Third Amended and Restated Development Order for the Heathrow International Business Center Development of Regional Impact (DRI); and an Ordinance amending the Heathrow International Business Center (HIBC) PUD (rezone from PUD to PUD of approximately 407.1 acres) and authorize Chairman to execute the aforementioned documents (Meredith Pickens).  District – 5 McLain  (Tina Deater)

Chairman’s Report

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

Committee Reports

County Manager’s Report

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

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

Public Hearings:

64.

Appeal of the Board of Adjustment’s decision to deny the request for (1) front yard setback variance from 35 feet to 20 feet; and (2) rear yard setback variance from 35 feet to 15 feet for a proposed home in the A-1 (Agriculture District) at 3453 Peace Valley Way in Longwood, Florida (Josue Llanos).  District – 3 Van Der Weide

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.