BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JUNE 28, 2011

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:40 a.m., on Tuesday, June 28, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Carlton Henley (District 4)

     Commissioner Bob Dallari (District 1)

     Commissioner John Horan (District 2)

     Commissioner Dick Van Der Weide (District 3)

     Clerk of Circuit Court Maryanne Morse

     County Manager James Hartmann

     County Attorney Bryant Applegate

     Deputy Clerk Jane Spencer

 

     Pastor Gus Davies, Northland Church, Longwood, gave the Invocation.

     Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt appropriate Resolution #2011-R-120, as shown on page _________, recognizing John S. Strickland for 22 years of service and dedication to Seminole County Government and its citizens, upon his retirement from the Public Safety Department on May 31, 2011.

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

Commissioner Henley presented the Resolution to Chief Leeanna Mims.

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     Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution #2011-R-121, as shown on page _________, recognizing Granville S. Eubanks for 28 years of service and dedication to Seminole County Government and its citizens, upon his retirement from the Public Safety Department on May 31, 2011.

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

Commissioner Dallari presented the Resolution to Mr. Eubanks, who addressed the Board to express his appreciation.

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2011-R-122, as shown on page _________, recognizing Steven L. Jones for 34 years of service and dedication to Seminole County Government and its citizens, upon his retirement from the Public Safety Department on May 8, 2011.

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

Commissioner Van Der Weide presented the Resolution to Mr. Jones, who addressed the Board to express his appreciation.

PUBLIC PARTICIPATION

     Jeff Hunt, Harris Corporation, addressed the Board to discuss Item #32, the 800 MHz System update.  Mr. Hunt stated his company is the number two provider of public safety radios in the U.S.  He stated that he believes the purchase of the replacement of radios, which will be discussed today, should be put out to an open bid, as the County's procurement code suggests.  He reviewed the discussions that he has had with the Commissioners and staff.

Mr. Hunt questioned why the County would want to keep two radio systems in service for five or more years.  He explained the benefits of shopping around.  Mr. Hunt asked if the Commission knows what the second and third phases of the so-called migration will cost the taxpayers and suggested it will be $30 to $37 million.  He stated that once the County takes the first $6 million step, they will be locked in like a person who makes a huge deposit on a terrible purchase. 

Mr. Hunt stated that Harris Corporation has proposed to replace the network for a list price of $15 million, which the price is typically discounted well below that.  He recommended that the Commission, as stewards of limited taxpayer dollars, follow the procurement policies, hire an independent consultant to write a Request for Proposal, evaluate the responses and manage the contract which will save the taxpayers and Seminole County millions of dollars, support 7,000 Florida jobs and keep Seminole County Government clear as the Wekiva Springs. 

Upon inquiry by Commissioner Henley, Mr. Hunt explained that the system that his company could provide for $15 million would include everything except the radios themselves.  He stated that the radios could then be procured by the individual cities and County from a dozen different manufacturers, not just the most expensive one, Motorola.   

Commissioner Horan asked if going ahead with the forklift approach would force the County and all of the cities to upgrade all of the non P25 user radios now.  Mr. Hunt replied no, that they would have two years.  He added that they would have five years with the Motorola plan but would pay double per radio. 

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     Chairman Carey welcomed the new County Manager, Jim Hartmann.

 

COUNTY MANAGER’S CONSENT AGENDA

     James Hartmann, County Manager, addressed the Board to advise that under the Consent Agenda, there is an emergency add-on, Item #6A, award CC-6792-11 for Chiller Replacement at the Seminole County Public Safety Building in the amount of $276,000 to HYVAC, Inc. of Deerfield Beach and execute a Resolution implementing Budget Amendment Request #11-83 in the amount of $386,000.  He noted that in Item #14, approve a Resolution implementing Budget Amendment Request #11-74, staff revised a typo in the Background section striking $355,444 and replacing it with $354,444.   

With regard to Item #21, approve and execute a Memorandum of Understanding with Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs, Mr. Hartmann stated that staff revised Longwood's signature page to reflect the new Mayor, Joe Durso.  He advised that staff is requesting Item #22, approve and execute a Resolution establishing the Seminole County Disaster Housing Plan, be pulled from the agenda and brought back at a future BCC meeting.  Under the County Manager's Briefing, Mr. Hartmann stated that staff has revised the PowerPoint presentation for Item #32, the 800 MHz System Update. 

Mr. Hartmann further advised that there is a request to have the Chairman sign a letter to the MetroPlan director.  He stated that due to the recent enactment of Senate Bill 2152, the Seminole County Expressway Authority (SCEA) will be eliminated as of July 1, 2011.  As a result, the SCEA position held by Brett Blackadar on the MetroPlan Orlando Transportation Technical Committee will also be eliminated.  The most significant change is moving Dick Boyer from a representative position to an alternate position and replacing Dick Boyer with Brett Blackadar. Mr. Hartmann requested that the Board authorize the Chairman to sign the letter to Mr. Barley indicating the changes.

     Motion by Commissioner Dallari, seconded by Commissioner Henley, to authorize the Chairman to sign a letter (received and filed) to the MetroPlan Director regarding an updated list of the County’s representatives and alternates to the MetroPlan Orlando Transportation Technical Committee and to authorize and approve the following:

County Manager’s Office

Purchasing & Contracts Division

4.  Award IFB-601138-11/GMG - Term Contract, as shown on page _______, for Miscellaneous Handrail and Guardrail Repairs and/or Replacement to C.E.M. Enterprises, Inc., Apopka, Florida (Section I - Guardrail) and USA Services of Florida, Inc., Longwood, Florida (Section II – Handrail); and authorize the Purchasing and Contracts Manager to execute the agreement.

5.  Award IFB-601110-11/TLR - Term Contract, as shown on page _______, for Fire Alarm Monitoring, Testing, Inspection and Maintenance to Space Coast Fire and Safety, Inc., Merritt Island; and authorize the Purchasing and Contracts Manager to execute the agreement.

6.  Award RFP-601053-11/BJC - Consultant Services Agreement, as shown on page _______, for Traffic Data Collection to GMB Engineers and Planners, Inc., Orlando; and authorize the Purchasing and Contracts Manager to execute the agreement.

6A.     Award CC-6792-11/RTB – Construction Services Agreement, as shown on page _______, for Chiller Replacement at the Seminole County Public Safety Building in the amount of $276,000 to HYVAC, Inc. of Deerfield Beach, Florida; and authorize the Purchasing and Contracts Division to execute the Agreement; and approve and authorize the Chairman to execute appropriate Resolution 2011-R-123, as shown on page _______, implementing Budget Amendment Request (BAR) #11-83 in the amount of $386,000 to provide funding for the project (#00273913).

 

Community Services

Business Office

 7.  Approve the appointment and reappointments of five (5) members (Randy Hunt, Walt Willis, Elaine Cauthen, Barbara Fore and Maura Hassey) to the Committee on Aging.

 

 

Community Assistance Division

 8.  Approve and authorize staff to submit to Florida Housing Finance Corporation the June 28, 2011 Technical Revisions, as shown on page _______, to the 2007/2010 & 2010/2013 Local Housing Assistance Plans (LHAP).

 9.  Approve and authorize the Chairman to execute the Subrecipient Agreement, as shown on page _______, with Community Based Care of Seminole, Inc. to accept homes funded by the County for use as transitional affordable housing.

 

Environmental Services

Solid Waste Management

10.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity (COPCN), as shown on page _______, for Trademark Metals Recycling, LLC.

 

Fiscal Services

Business Office

11.  Approve and authorize the Chairman to execute a grant agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $98,007 through their Emergency Management Performance Grant Program.

12.     Approve and authorize the Chairman to execute a grant agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $105,806 through their Emergency Management Preparedness and Assistance Program.

13. Approve continued participation in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program; authorize the Chairman to execute the Certificate of Participation, as shown on page _______, naming Michele Saunders as the coordinator for the countywide application(s); authorize the Chairman or County Manager to execute any supporting documentation as may be required for the application(s); and authorize the Sheriff's Office to submit applications.

Budget Division

14.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-124, as shown on page _______, implementing Budget Amendment Request (BAR) #11-74 through the Community Services Adult Drug Court Grant Fund in the amount of $90,107 to decrease funding for the Adult Drug Court Grant Program. 

15.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-125, as shown on page _______, implementing Budget Amendment Request (BAR) #11-75 through the 2001 Infrastructure Sales Tax Fund in the amount of $366,000 to establish budget for the Celery Avenue Realignment project.

16.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-126, as shown on page _______, implementing Budget Amendment Request (BAR) #11-77 through the Public Safety Grants Fund in the amount of $26,452 to allocate funding for the FY2011/12 Emergency Management Preparedness and Assistance Grant.

17.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-127, as shown on page _______, implementing Budget Amendment Request (BAR) #11-78 through the Public Safety Grants Fund in the amount of $98,007 to allocate funds from the FY 2011/12 Emergency Management Performance Grant.

MSBU Program

18.  Approve and authorize the Chairman to execute appropriate Resolution #2011-R-128, as shown on page _______, to release and discharge properties in the Genova Drive Water Services Municipal Service Benefit Unit from liens recorded in Public Records of Seminole County.

 

Growth Management

Planning & Development Division

19.  Approve and authorize the Chairman to execute the minor plat for Nguyen Estates subdivision located on Lake Drive, west of Alafaya Trail (Nam Nguyen).

20.  Approve and authorize the Chairman to execute the Release of Lien, as shown on page _______, for Case No. 06-74-CEB, on 137 Hattaway Drive, Altamonte Springs, Tax Parcel #14-21-29-5BF-0000-0300, previously owned by Romero W. Leader & Mayard Phebe and currently owned by John and Carol Doherty.

 

Public Safety

Emergency Management

21.  Approve and authorize the Chairman to execute a Memorandum of Understanding, as shown on page _______, between Seminole County, Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, and Winter Springs to establish County-wide damage assessment services. 

22.     Pulled from the agenda request to approve and authorize the Chairman to execute resolution establishing the Seminole County Disaster Housing Plan.

23.     Approve and authorize the Chairman to execute the Agreement, as shown on page _______, between Orange County EMS Office of the Medical Director and Seminole County for one (1) special needs/medical cache trailer.

24.     Approve and authorize the Chairman to execute the Memorandum of Agreement, as shown on page _______, for the Urban Area Security Initiative (UASI) Grant Program. 

 

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

CONSTITUTIONAL OFFICER’S CONSENT AGENDA

CLERK’S OFFICE

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the following:  Expenditure Approval Lists, as shown on page _______, dated May 31 and June 6, 2011; Payroll Approval List, as shown on page _______, dated May 26, 2011; and approval of BCC Official Minutes dated May 24 and 26, 2011.

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

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     The Board noted, for information only, the Clerk's “received and filed” as follows:

      1.  Tennis Developmental Instructor Agreements, as shown on page _______, with Kevin Runda, Abby Lindsley and Hien Nguyen.

 

2.  Sheriff’s Office Proposed Budget, as shown on page _______, for FY 2011/12.

 

 3.  Recorded Sidewalk Easement, as shown on page _______, granted by Daniel F. Williams, President, Congregation Beth Am, Inc.

 

 4.  Memorandum, as shown on page _______, to ACM Joe Forte from Danny Moore, Sr., Coordinator for Parks Projects, regarding request for payment authorization for work completed by CEM under Work Order #65, CC-1741-07.

 

 5.  Parks Contract for Services, as shown on page _______, with Xiomara Cruz.

 

 6.  Original Executive Order, as shown on page _______, Declaring State of Local Emergency and Establishing Emergency Fire Prevention Regulations.

 

7.  Work Order #4, as shown on page _______, to CC-5075-10.

 

8.  Closeout, as shown on page _______, of Work Order #39 to CC-1075-06.

 

9.  Work Order #23, as shown on page _______, to CC-2190-07.

 

10.  Work Order #64, as shown on page _______, to CC-1284-06.

 

11.  Amendment #2, as shown on page _______, to Work Order #5 for PS-2051-07.

12.  Maintenance Bond, as shown on page _______, for Water and Sewer for the project known as Howell Branch Cove in the amount of $46,242.10.

 

13.  Change Order #3, as shown on page _______, to Work Order #32 for CC-2184-07.

 

14.  Change Orders #2, as shown on page _______, to Work Orders #34 and #36 for CC-2184-07.

 

15.  Work Order #13, as shown on page _______, to PS-2249-07.

 

16.  Amendment #2, as shown on page _______, to Work Order #7 for PS-5172-04.

 

17.  Amendment #2, as shown on page _______, to Work Order #6 for PS-5173-04.

 

18.  Amendment #3, as shown on page _______, to Work Order #7 for PS-5173-04.

 

19.  Amendment #1, as shown on page _______, to Work Order #87 for PS-5120-02.

 

20.  Copy of Acceptance of Notice to Proceed, as shown on page _______, for Work Order #64 to CC-1284-06, Conpilog International Company.

 

21.  Closeout, as shown on page _______, of Work Order #49 to CC-1075-06.

 

22.  Recorded Developer’s Commitment Agreement, as shown on page _______, for the Silverleaf Park PUD Final Master Plan, as approved by the BCC on Dec. 14, 2010.

 

23.  First Amendment, as shown on page _______, to PS-3914-08, PBS&J.

 

24.  First Amendment, as shown on page _______, to PS-5451-10, PBS&J.

 

25.  First Amendment, as shown on page _______, to PS-5179-05, PBS&J.

 

26.  Third Amendment, as shown on page _______, to PS-5124-02, PBS&J.

 

27.  Fourth Amendment, as shown on page _______, to PS-5120-02, PBS&J.

 

28.  Second Amendment, as shown on page _______, to PS-2084-07, PBS&J.

29.  First Amendment, as shown on page _______, to PS-1529-06, PBS&J.

 

30.  Development Order, as shown on page _______, for James T., III & Marcela D. Flynn, 6101 Lake Avenue.

 

31.  Release of Lien, as shown on page _______, for Joseph Weaver, Case No. 09-91-CEB, as approved by the BCC on May 10, 2011.

 

32.  Amendment #1, as shown on page _______, to Work Order #79 for PS-1529-06.

 

33.  Amendment #3, as shown on page _______, to Work Order #19 for PS-3914-08.

 

34.  Work Order #11, as shown on page _______, to PS-2468-07.

 

35.  Work Order #63, as shown on page _______, to CC-1284-06.

 

36.  Work Order #16, as shown on page _______, to PS-2564-07.

 

37.  Work Order #1, as shown on page _______, to PS-5451-10.

 

38.  Work Order #15, as shown on page _______, to PS-2564-07.

 

39.  Letter of acceptance, as shown on page _______, of the water and sewer systems, Bill of Sale, as shown on page _______, and Partial Releases of Mortgage, as shown on page _______, for the project known as Howell Branch Cove.

 

40.  Second Amendments, as shown on page _______, to IFB-601015-10 and IFB-600963-10, Helping Hand Lawn Care, Inc.

 

41.  Assistant Tennis Pro Agreement, as shown on page _______, with Craig Sheets.

 

42.  Amendment #2, as shown on page _______, to Work Order #69 for PS-1529-06.

 

43.  Tennis Developmental Instructor Agreement, as shown on page _______, with Blaze Schwartz.

 

44.  Change Order #3, as shown on page _______, to CC-5083-10.

45.  Recorded Warranty Deed, as shown on page _______, granted to Seminole County by CRM Florida Properties, LLC, as executed by the Growth Management Director on June 1, 2011.

 

46.  Recorded Scrivener’s Error Correction, as shown on page _______, for Seminole County Ordinance No. 98-27.

 

47.  Recorded Scrivener’s Error Correction, as shown on page _______, for Resolution No. 2011-R-35.

 

48.  Amendment #1, as shown on page _______, to Term Contract IFB-600824-10 with Sunstate Meter & Supply, Inc.

 

49.  Leisure Services Sponsorship Agreement, as shown on page _______, with Irish Pub Investments, Inc., as executed by the Leisure Services Director on April 22, 2011.

 

50.  Exhibit B, as shown on page _______, to the Tennis Developmental Instructor Agreement for Danielle Nickerson received and filed on May 10, 2011.

 

51.  Work Order #91, as shown on page _______, to PS-1074-06.

 

52.  Work Order #7, as shown on page _______, to CC-5075-10.

 

53.  Recorded Scrivener’s Error Correction, as shown on page _______, for Resolution No. 2011-R-57.

 

54.  Parks Contracts, as shown on page _______, for Services with Douglas Chiodini, Dennis Harley, Daneen L. Botsko, Nancy Palmer and Natalie Keene-Krops.

 

55.  Bids as follows:  #601143-11; IFB-601135-11; RFQ-601142-11; RFQ-600997-10; and CC-6677-11.

 

REGULAR AGENDA

     Carol Watral, MSBU Project Manager, addressed the Board to present a request (which had been continued from the June 14, 2011 meeting) for authorization to schedule and advertise a public hearing to consider amending Chapter 160 of the Seminole County Code by deleting Article XVI of Part 7 per closure of the Genova Drive Water Services Municipal Services Benefit Unit.  She stated that the Genova Drive Water Services Municipal Service Benefit Unit was established by Ordinance No. 99-10, amended by Ordinance No. 2001-10, and final assessments were levied on the properties via Resolution No. 2001-R-46.  The Special Assessments on the properties have now been paid in full.  The Board of County Commissioners of Seminole County has the authority pursuant to Chapter 125, Florida Statutes, to close said unit upon completion of the service to be rendered and payment therefore.  Ms. Watral stated that the tentative date for the requested public hearing is August 9, 2011 and advised that staff recommends approval of this item.

     Motion by Commissioner Henley, seconded by Commissioner Dallari, to authorize the MSBU Program to schedule and advertise a public hearing to give consideration for amending Chapter 160 of the Seminole County Code by deleting Article XVI of Part 7 per closure of the Genova Drive Water Services Municipal Services Benefit Unit.

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

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Request to schedule and advertise a public hearing to repeal Chapter 90 of the Land Development Code and create a new Chapter 258 of the Seminole County Code providing for a uniform building numbering system was presented.

Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to authorize scheduling and advertising a public hearing to repeal Chapter 90 of the Land Development Code and create a new Chapter 258 of the Seminole County Code providing for a uniform building numbering system.

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

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     Request to schedule and advertise a public hearing to give consideration for adopting an ordinance to establish the Lakes Burkett/Martha Aquatic Weed Control MSBU was presented.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to authorize the MSBU Program to schedule and advertise a public hearing to give consideration for adopting an ordinance to establish the Lakes Burkett/Martha Aquatic Weed Control MSBU.

Under discussion, Commissioner Dallari thanked staff for meeting with Orange County since this lake is shared with Orange County.  He stated he believes staff went well above what needed to be done.

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

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     Tony Matthews, Growth Management, addressed the Board to present a request to adopt and authorize the Chairman to execute a Resolution responding to the City of Winter Springs' request to begin negotiations to develop an Interlocal Service Boundary Agreement addressing the annexation of unincorporated enclaves, pursuant to the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes.  Mr. Matthews stated that on May 9, 2011, the City of Winter Springs adopted a resolution identifying a number of unincorporated enclaves within the City.  He stated that the Resolution invites Seminole County to begin discussions and negotiations regarding the enclaves. 

Mr. Matthews stated that staff is proposing a Responding Resolution to begin discussions.  The Resolution does not obligate or commit the County to take any particular action other than good faith negotiations and does not endorse or support any position taken by the City of Winter Springs.  Mr. Matthews stated that staff recommends that the Board adopt the Responding Resolution.

Upon inquiry by Commissioner Henley, Mr. Matthews stated that there is a long-standing agreement with the City of Winter Springs regarding annexation since 1987.

Commissioner Henley stated that he had no objections in meeting with the City but does not see a need to make a change since the situation was created by the City with the annexation of the spots that created the enclaves.

Chairman Carey stated that the County is required to respond and sit down and have a discussion but stated that she has some concerns about what is being proposed, not only by Winter Springs but some of the other cities. 

Commissioner Horan described some of the concerns that he has with regard to the language in the 1987 agreement and said he believes that the situation has changed radically since 1987.  He stated that if there are County residents living in an enclave and are really not gaining an advantage by being annexed into the city, he is not sure the County would negotiate the same kind of terms because the considerations are different.  He stated that the direction he would like to give staff is to maintain a strict negotiating position with regard to showing that these people are actually going to be getting additional services for the additional taxes that they will be paying.  

Chairman Carey stated that several of the cities have taken the approach that they will force an involuntary annexation, which she does not support, and will do it when the property changes hands. People making a decision on purchasing a home may not know that there is an ordinance on the books that says if the property changes hands, they automatically have to annex into the city.  She stated she is opposed to that and believes that people have a right to choose if they want to be in the city or not.  Chairman Carey advised that most of the enclaves have been created by the cities bringing parcels in which created the enclave to begin with.  She stated that she does not want to send any message that she is interested in supporting involuntary annexation. 

Commissioner Henley described a referendum by the City of Casselberry regarding 17 parcels that passed unanimously for annexation with only 2 votes since 15 parcels did not respond.  He stated he does not believe it is valid that 2 people can increase the taxes of 15 more. 

Commissioner Van Der Weide stated that there is also the 25% surcharge on the utilities.

     Motion by Commissioner Horan to adopt appropriate Resolution 2011-R-129, as shown on page _______, responding to the City of Winter Springs' request to begin negotiations to develop an Interlocal Service Boundary Agreement addressing the annexation of unincorporated enclaves, pursuant to the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes.

Commissioner Dallari stated that he will second the motion with the caveat that the concerns and changes presented by the Board are incorporated into the Resolution. 

Bryant Applegate, County Attorney, addressed the Board to state that this Resolution can be amended to include the Board’s requirements and provisions.

Commissioner Horan agreed to the amendment.

     Under discussion, Chairman Carey stated that she wants the position of the Commissioners to be clear. 

     Mr. Applegate stated that this Resolution just allows staff to begin negotiations.  He stated that the Board can give direction to staff and it can be part of the resolution; and he requested that the Board state what the direction to staff should be so they know.

     Chairman Carey clarified that the motion is to approve the Resolution but amend it by adding the concerns of the Commission.   

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

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     Request to schedule and advertise a public hearing to amend Chapter 53 of the Seminole County Code to add a Special Magistrate to hear Code Enforcement issues was presented.

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to authorize Growth Management to schedule and advertise a public hearing to amend Chapter 53 of the Seminole County Code to add a Special Magistrate(s) in addition to the Code Enforcement Board to hear Code Enforcement issues.

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

COUNTY MANAGER’S BRIEFING

     The Board noted, for information only, the Informational Budget Amendment Status Report FY 2010/11 for the period ending May 31, 2011.

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Mr. Hartmann advised that at the April 26 meeting there was a presentation from the Public Safety Director regarding some options with regard to the purchase and installation of a new 800 MHz system.  It was suggested at that time that this be placed on the agenda at a later date so he would have an opportunity to look at the matter with staff and be able to answer a number of questions that were posed during that particular meeting. 

Upon inquiry by Commissioner Dallari, Mr. Hartmann reviewed his background as co-chair of the Metropolitan Washington Council of Government's Interoperability Council which went through some of the same upgrades being contemplated here today.

Tad Stone, Public Safety Director, addressed the Board to review a PowerPoint Presentation (received and filed).  He discussed Overview of Requested Information; Review of Available Options; Identify Major Advantages and Limitations of Each Option; and Staff Options to the BCC.

Mr. Stone reviewed a notebook (received and filed) that was provided to the Commissioners containing information they requested at the April 26, 2011 meeting along with additional information for the Board's consideration.  He discussed Coverage Maps and the Moving Violations Fund.  Under Tab 3, Existing Radio Inventory, he noted that the inventory includes every radio in the system, who owns them and who manages them.  He reviewed the Push to Talk Report.

Mr. Stone advised that the Law Enforcement and Oviedo Fire Department Interlocals have been included in the information to give a historical background to explain why the County owns so many assets that are used by many of the municipalities.  He discussed State Contract Pricing. 

Upon inquiry by Commissioner Henley, Mr. Stone explained that the cost to replace the backbone for the entire system, which will include all of the base stations, replacement of antennas and lines and all of the components associated with that, the microwave system and the consoles, will be somewhere between $15 million and $19 million.  On the user or subscriber side, it will be up to individual agencies on how dynamic they want those individual assets to be.  They can go with a very low-end radio and it doesn't have to be Motorola.  He recommended that they purchase off the state contract price or use that as the base pricing.  He gave a ballpark figure of $3,000 to $3,500 with there probably being 2,000 user units that would need to be replaced to be up and running fully.  

Upon further inquiry by Commissioner Henley, Mr. Stone stated the consoles are not proprietary.  He stated on the front end, the user side, there is nothing proprietary.  Proprietary uses are all on the backside. 

Commissioner Henley stated he does not believe the contract has gone out for competitive bids in 25 years and that bothers him. 

Commissioner Horan asked if once they get to P25, can they buy anybody's radio.  Mr. Stone advised that there are nine or ten different competitors for P25 compliant radios.  With regard to a total forklift approach, Commissioner Horan asked if all of the existing radios would need to be upgraded to P25.  Mr. Stone explained that they would have to either do a replacement on about half of the existing fleet or do a software upgrade on many of them, which is referred to as a flash and runs from $300 to $1,000 per radio, depending on the radio. 

Commissioner Horan clarified that the only thing being done today is making a decision to either go migration or forklift, and they are not making a decision concerning sole source.

Mr. Hartmann stated he thinks it would be best if the Board concentrates their decision today on whether the migration approach is acceptable, which would be consistent with staff's recommendation.  Then they will bring back the single source justification at the July meeting, which would work through the procurement office. 

Commissioner Dallari stated he believes the migration plan is the best way to go at this time but would like to see more  information, not just on the  migration but also what the participation should be from the cities' aspect of it on the backbone. 

Upon inquiry by Commissioner Dallari, Chief Penny Fleming, Sheriff's Office, addressed the Board to state that law enforcement is the largest user of the communication system.  She stated that they have seen the issue with P25 compliance coming for many years.  The Sheriff, over the past few years, has budgeted for any time a mobile or portable radio needs to be replaced with a radio that is P25 compliant.  With their inventory, they are there with P25.  Chairman Carey clarified that the Sheriff's Office has already purchased radios that are P25 compliant. 

Chief Fleming advised that in looking at the history of the communication system, they would support the migration approach from the fiscal standpoint for the County; but they are P25 compliant today. 

Upon inquiry by Commissioner Henley, Mr. Stone stated that both companies that are key players within the region have financing options and he discussed the options.

Upon inquiry by Chairman Carey with regard to paying for the forklift approach versus migration within his budget, Mr. Stone stated that he has had some discussions with Ms. Spriggs in Fiscal Services about potential options and he feels those options can be narrowed down for the Board's consideration when the item comes back in July.

Commissioner Horan stated that whether they go forklift or migration, whether they spend $6 million this year, $20 million this year or $20 million over the course of six or seven years, they can finance this by either debt or with one of the companies for less than two points.  He believes it is probably premature to talk about financing but does agree that financing does have a bearing on the approach. 

Discussion ensued with regard to financing. 

Commissioner Van Der Weide asked for a recommendation from the County Manager and from Mr. Stone.  Mr. Stone stated his recommendation is to migrate over time and allow the subscribers and outside agencies time to catch up with their existing fleets with portables and mobiles over the next few years.  Mr. Hartmann agreed with Mr. Stone's recommendation. 

Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to approve staff’s recommendation from the Director of Public Safety and the County Manager to move forward with the migration of the system.

Under discussion, Commissioner Henley stated that he would like to go for the total forklift approach, regardless of the company chosen, if they can get the right financing rather than phasing in over several years.

Chairman Carey announced that any information received by the Commissioners from either staff, from Motorola, from Harris or any other outside vendor or source will be introduced for the record and requested that it be provided to the Clerk’s Office.  She stated this would include any ex parte communications.

Chairman Carey stated that she had meet with Harris and Motorola.  Commissioners Dallari and Horan stated that they have met with both companies several times.  Commissioner Henley stated that he has met with the present company on several occasions and with Harris one time.  Commissioner Van Der Weide stated the he believes they are all in the same situation.

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

Mr. Hartmann reminded the Board that this item will be coming back to the Board in July as a purchasing item with a little more information for formal adoption.

Commissioners Carey, Horan and Van Der Weide submitted additional information into the record regarding this item.

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Chairman Carey advised that there will be a Budget Workshop immediately following this meeting in Room 3024.

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Chairman Carey recessed the meeting at 10:40 a.m., reconvening at 1:32 p.m. with all Commissioners and all other Officials with the exception of Commissioner Dallari, who was absent, and Deputy Clerk Jane Spencer, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

     Districts 2, 3, 4 and 5 voted AYE.

 

 

PUBLIC HEARINGS

TERRACINA AT LAKE FOREST PLAT

VACATE AND ABANDONMENT AND FINAL PLAT

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution to vacate and abandon portions of the Terracina at Lake Forest Third and Fourth Amendment plats and approval of the final plat for Terracina at Lake Forest Fifth Amendment, Taylor Morrison of Florida, Inc. and Terracina at Lake Forest Owners Association, Inc., received and filed.

     Cynthia Sweet, Planning & Development Division, addressed the Board to state the applicants are requesting to vacate and abandon a portion of the Terracina at Lake Forest Third and Fourth Amendment plats containing a total of 6.64 acres for the purpose of recording a new plat that will include the lands from the vacated plats.  Additionally, the applicants are requesting the Board to approve the final plat for Terracina at Lake Forest Fifth Amendment.  The plat contains a total of 65 lots and an increase in the lot sizes from the standard 20- to 30-foot wide lots to 30- to 40-foot wide lots.  Staff is recommending the Board adopt the Resolution for the vacate and abandonment as requested by the applicants and that the Board approve the final plat for the Terracina at Lake Forest Fifth Amendment.  Ms. Sweet asked that the staff report be entered into the Public Record.

     Upon inquiry by Chairman Carey, Ms. Sweet said, overall, the lots will be larger.  There was a total of 36 lots already platted and there will now be a total of 65 lots.  The applicants are going to lose 24 lots, based on the overall acres, that they would have been able to get if they had continued with the smaller size lots.  Further, she said the total amount for the PUD is 284 lots, but the applicants will only have 217 lots.

     Drew Abel of Taylor Morrison, applicant, stated he is present to answer any questions.

     Mary Rowell, 5118 Fiorella Lane, speaking on behalf of her daughter Stephanie, addressed the Board to state her daughter is concerned that if going down from the 284 lots to 217 reduces the number of homes and drives up the association fees, there may be people who can’t afford it and they will have foreclosures, which will be very bad for the neighborhood. 

     Mr. Abel addressed the Board to answer that they did a complete and thorough study before they started this process with staff on the impacts of the homeowner association fees.  He said their dues are going to be flat; they have managed to keep the dues the same.

     Chairman Carey added that for any issues that come up, the HOA has their Board meetings annually and all the property owners can go and address those.

     No one else spoke in support or in opposition.

     Speaker Request Form for Ms. Rowell was received and filed.

     District Commissioner Carey recommended approval of the request to vacate and abandon and approval of the final plat as requested.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt appropriate Resolution #2011-R-130, as shown on page _______, to vacate and abandon a portion of the Terracina at Lake Forest Third Amendment plat, as recorded in Plat Book 75, Pages 46-49, and a portion of the Terracina at Lake Forest Fourth Amendment plat, as recorded in Plat Book 75, Page 81-84, of the Public Records of Seminole County, Florida; and approve and authorize the Chairman to execute the final plat for Terracina at Lake Forest Fifth Amendment; as described in the proof of publication, Taylor Morrison of Florida, Inc. and Terracina at Lake Forest Owners Association, Inc.; with the Developer’s Cash Completion Bond, as shown on page _______, received and filed, and First Amended and Restated Escrow Agreement, as shown on page _______, received and filed.

     Districts 2, 3, 4 and 5 voted AYE.

LAKE AVENUE REZONE

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance rezoning from PUD (Planned Unit Development) to A-1 (Agriculture) for approximately 1.33 acres located on the southeast end of Lake Avenue, James Flynn, III, received and filed.

     Brian Walker, Planning and Development, addressed the Board to state on April 21, 2011, Seminole County issued a Development Order that removed the subject parcel from the Lake Jesup Estates PUD.  Mr. Flynn purchased the parcel and has submitted a plan to combine it with the adjacent parcel to the east, which he owns and where his home sits.  The parcel containing his home is zoned Agriculture (A-1).  This rezone will allow both properties owned by Mr. Flynn to have the A-1 zoning designation.  The Planning & Zoning Commission met on June 1, 2011 and voted unanimously to recommend approval of the rezone.  Staff is recommending the Board adopt the Ordinance to rezone from PUD to A-1 as requested and is asking that the staff report be entered into the Public Record.

     James Flynn, applicant, addressed the Board to thank the Commissioners for supporting the river re-route back through Lake Jesup.  He said he hopes that’s a big help for that area.

     No one spoke in support or in opposition.

     District Commissioner Carey recommended approval of the rezoning.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt Ordinance #2011-16, as shown on page _______, rezoning approximately 1.33 acres located on the southeast side of Lake Avenue, from PUD (Planned Unit Development) to A-1 (Agriculture); as described in the proof of publication, James Flynn, III.

     Districts 2, 3, 4 and 5 voted AYE.

PERMIT EXTENSION ORDINANCE

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance which will extend the duration of certain Development Permits and identify the regulations and standard under which the extended Development Permits will be governed, Seminole County, received and filed.

     Chairman Carey advised that the Board should have some supplemental information (copy received and filed) from the staff regarding clarification as to the proposed Ordinance.

Nicole Guillet, Growth Management Director, addressed the Board to state the Board asked staff two meetings ago to bring back an Ordinance extending the expiration dates of County-issued permits.  This dovetails with what the Legislature has done over the last few years in extending permits.  The Ordinance follows the spreadsheet and information she gave the Board two meetings ago when the Board discussed this.  She advised staff is proposing one change to Section 2 of the proposed Ordinance.  She clarified that the way the Ordinance was worded, the applicable permits fell between September, 2008 and January, 2014.  The extension date was January, 2016, and there was a small intervening period where there could be some permits with an expiration date after 2014 but before 2016.  The language staff has given will capture anything that was going to expire before January 1, 2016.  Therefore, any permit issued in the County from this point forward will have an expiration date of January 1, 2016 at the earliest. 

Upon inquiry by Chairman Carey, Ms. Guillet stated this is for all permits that were scheduled to expire September 1, 2008. 

Ms. Guillet further advised that because this deals with development permit approvals which are not subject to economic impact statements and because the impact of this is intended to be positive and to mitigate the economic impacts of the downturn, staff did not do an economic impact statement for this Ordinance.  There is language in the Ordinance waiving the economic impact statement and, because of that, the approval of the Ordinance is required to be by a super majority vote.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Horan, to adopt Ordinance #2011-17, as amended, as shown on page _______, extending the duration of certain Development Permits and identifying the regulations and standard under which the extended Development Permits will be governed; as described in the proof of publication, Seminole County.

Districts 2, 3, 4 and 5 voted AYE.

 

 

ORDINANCE AMENDING CHAPTER 40,

PART 12, SEMINOLE COUNTY CODE

     Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance approving an amendment to the Affordable Housing Ordinance amending Chapter 40, Part 12, of the Seminole County Code, and approval of a Resolution amending Section 4.4B of the Administrative Code to effectuate implementation of the amending Ordinance regarding the Affordable Housing Advisory Committee’s tri-annual meeting requirements, Seminole County, received and filed.

     Carmen Hall, Community Assistance Division, addressed the Board to present the requested amendment, stating in the current economic and fiscal conditions, there have been sharp cutbacks in the SHIP appropriations making it unlikely that the funding and appropriations will exceed the statutory, guaranteed minimum; and, therefore, there won’t be a need for the Affordable Housing Advisory Committee to meet.  Also, Section 4.4 of the Seminole County Code, addressing the specific requirements for the Affordable Housing Advisory Committee, requires an amendment to reflect the change.

     No one spoke in support or in opposition.

     Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to adopt Ordinance #2011-18, as shown on page _______, approving the proposed amendment to the Affordable Housing Ordinance, Chapter 40, Part 12, of the Seminole County Code, and appropriate Resolution #2011-R-131, as shown on page _______, amending Section 4.4B of the Seminole County Administrative Code implementing the Ordinance regarding the Affordable Housing Advisory Committee’s tri-annual meeting requirements.

     Districts 2, 3, 4 and 5 voted AYE.

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     Chairman Carey noted, for the Record, that Commissioner Dallari is absent this afternoon due to scheduled travel plans.

CHAIRMAN’S REPORT

     Chairman Carey congratulated the Sanford Babe Ruth All Stars teams for their performance at the District 13 Tournament this past week in Daytona Beach.  Both the Major and Minor All Stars teams came in second place in the entire district.  She was told that these two teams are the first in 10 years to bring home the trophies to Seminole County and Sanford.

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     Chairman Carey stated she attended the Florida Association of Counties (FAC) Conference last week, and there were some interesting discussions on how they can move forward and work together with FAC; and maybe team with other FAC-led options as they look forward to some of the challenges they will face in the budget.  She reported that she was also reelected to the FAC Board of Directors without any opposition.

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     Chairman Carey announced July 4 activities as follows:  “Red, Hot and Boom” will be held on July 3 in Altamonte Springs; the celebration at Lake Monroe sponsored by the city of Sanford and private sponsors will be held on July 4; and the Geneva Independence Day Parade and Festival will be held the morning of July 4, and this year’s title is “Wings, Wheels and Hoofs.” 

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Letter dated June 8, 2011 to the Honorable Brenda Carey from Clayton Wilder, Administrator, Florida Department of Law Enforcement, re:  Federal Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant – JAG Countywide – State Solicitation.

 

 2.  Copy of Memorandum dated June 8, 2011 to Maryanne Morse, Clerk of Court, from Richard R. Petitt, Jr., Human Resources Division Manager, re:  Review of unemployment compensation claims.

 

 3.  Letter dated June 9, 2011 to the Honorable Brenda Carey from The Honorable David Mealor, Mayor of Lake Mary, re: the city’s strong support of Motorola Solutions, Inc.

 

 4.  Memorandum dated June 10, 2011 to the Seminole County Board of County Commissioners and Mr. Joe Forte from Jerry McCollum, County Engineer, re:  Water Main Replacement Project & Replacement of the Orange Boulevard Bridge at Lockhart Smith Canal.

 

 5.  Memorandum dated June 13, 2011 to the Board of County Commissioners from Cathy Galavis, Budget Supervisor, Florida Department of Revenue, re:  Notification of Receipt of Property Appraiser Budgets.

 

 6.  Letter dated June 13, 2011 to the Board of County Commissioners from Cynthia Porter, Deputy Clerk, City of Sanford, re:  Notice of Public Hearing regarding the adoption of an ordinance annexing property generally described as .09 acre between W. 18th and W. 19th Streets and between Mulberry Ave. and Strawberry Ave.

 

 7.  Letter dated June 15, 2011 to the Board of County Commissioners from School Board Member Karen Almond re:  One-Time Grant of $120,000 to the Seminole County Public Schools for the Environmental Center and Student Museum.

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Commissioner Horan stated it recently came to his attention that there are possible alternatives for employees who are incurring the 3% decrease in their salaries for the contribution to the retirement plan.  There is a possibility that there are certain actions that the public body may be able to take that will facilitate the ability of the employees to take certain deductions for those particular reductions.  He said he plans on discussing this with the County Attorney and County Manager.  He just learned this about a day ago and has not had an opportunity to review this information. 

     Chairman Carey said the sooner the better as this begins July 1.  She has had a discussion with the Clerk about the convoluted way she will have to handle this, because of the way the Legislature wrote the language.  It will be a little confusing to the employees.  She said if Commissioner Horan has something that may work and help the employees and can bring it back to the July meeting, that will be helpful. 

     Commissioner Van Der Weide stated he is sure this subject is going to be brought up during the budget hearings in August.  He thinks that will be the time to address this issue, because he doesn’t think the Board can expect the employees to take a 3% hit without compensating them.  He said they are all aware of what the Sheriff’s Department has done.

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     Commissioner Henley said he recently attended the “Open for Business” Regional Summit where there were reports given regarding the proposed action for the region headed by “Open for Business.”  He distributed a copy (received and filed) of what was recently sent to him explaining how they are going to launch this effort.  He stated there are three areas this group is concerned about, so they are setting up regional committees to work on each of these areas.  He suggested the Commissioners read this information so they will understand what “Open for Business” might potentially have regarding the governmental agencies in the region.

     Commissioner Horan advised that this group contacted him, as the Board’s liaison, and he will be serving on the committee that deals with streamlining of the permitting, together with representatives from the HBA, ABC, AGC and some others.  He said they plan on having something done no later than November.

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     Chairman Carey advised that she appointed Commissioner Henley to serve on the Canvassing Board for elections this year and for 2012.

COUNTY MANAGER’S REPORT

     County Manager Jim Hartmann reported that just before lunch, the Board held a work session on the Sales Tax Referendum and a possible reauthorization of same.  At that time, the Board was provided with some summary results of a recent poll conducted by the Board of Realtors.  There was a great deal of discussion about future outreach and communications with the public and partners throughout Seminole County and the region on how to have a well-informed public discussion on future capital needs of many different types, but especially transportation.  He said staff would like to get formal instruction from the Board so they can move forward. 

     Chairman Carey said she believes the consensus of the Board was to not move forward at this time, but to look at an aggressive educational program; and also look to discussions and meetings with their partners, the School Board members and the cities, to be held separately to talk about how to move forward in the future to meet the needs of the community and how they are going to pay for those needs. 

     Commissioner Henley recommended the Board ask the County Manager to form a committee from his staff as well as representatives from each of the municipalities and the School Board to begin talking about the type of educational program they collectively would put together, along with the various avenues of releasing that program.  He said, in his opinion, this would be a good start for direction to staff.

     Commissioner Van Der Weide said they need to include some organizations in the community. 

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to ask the County Manager to establish a committee of appointments from his staff and an appointment from the School Board and each of the municipalities to begin discussion regarding an educational program for the capital needs of the various agencies for the future.

     Upon inquiry by Chairman Carey, Commissioner Henley said his motion includes not moving forward at this time with a sales tax referendum.

     Under discussion, Commissioner Horan asked for a friendly amendment to include a representative from one or more business groups on the committee.  Whereupon, Commissioner Henley stated he did not have a problem with that and said he thinks they should have a representative from each of the Chambers and the Private Businessmen Association because they seem to be interested in this matter.

     Chairman Carey asked if Commissioner Henley was talking about an elected representative from the School Board and each of the cities.  Commissioner Henley said that would be up to the School Board and cities, as far as he is concerned; it could be someone from the boards or a staff member. 

     Chairman Carey said she feels if it’s not the elected leadership, staff may come up with something, but the elected leadership may want to go in a different direction.  Commissioner Henley said it would be much more effective if the elected leadership wants to devote the time to this, but he can go either way.

     Chairman Carey stated the Board will leave the makeup of the committee to the County Manager after discussion with the Commissioners. 

     Districts 2, 3, 4 and 5 voted AYE.

     Chairman Carey reminded the Board that they should receive on Friday an executive summary of the poll that was done by the Board of Realtors, and that will be distributed to all the Commissioners and the management staff; and they should share that with the School Board and cities as well.

     Mr. Hartmann said staff is preparing a letter (received and filed) to go to the municipalities and School Board late today or early tomorrow morning; and that should be ready for the Board’s review momentarily.

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     Commissioner Henley said as soon as the Task Force comes forth with their study, he will try to get that to Mr. Hartmann so he can decide when and what the Board should do.  Chairman Carey explained this is in reference to the Financial Task Force that MetroPlan has to look at the financial options for transportation throughout the region. 

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     Chairman Carey welcomed Mr. Hartmann, new County Manager, who came from Alexandria, Virginia, and said the Board is glad to have him here. 

     Commissioner Henley stated he’s happy to have Mr. Hartmann here, along with Mr. Applegate, and he’s expecting them to do a good job.

     Commissioner Van Der Weide stated he would like to have a talk with the new County Manager today before he leaves to go to North Carolina, as he has not had a chance to do that yet.

COUNTY ATTORNEY’S REPORT

     Mr. Applegate advised that he and Mr. Hartmann will work together in establishing an ethics training program for the staff.  They will encourage some online training as well as meetings where they can answer questions and present materials.

     Mr. Applegate said very shortly Ms. Guillet and her staff will be presenting to the Board some redistricting alternatives.  He said he is very pleased with the work that Ms. Guillet and her staff and Melvin Barnes, IT Operations Division, has done in putting together the alternatives.  He thinks the Board is going to be very pleased.  He stated he and Ms. Guillet will schedule at least two public forums where they will present the alternatives and answer questions.  From his legal point of view, the staff is to be congratulated.  He noted that the final decision will come to the Board in the form of an ordinance in August or September at the latest. 

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     Chairman Carey said the Risk Management meeting will convene at 2:15 p.m. in Room 3024.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:07 p.m., this same date.

 

ATTEST:_______________________Clerk_____________________Chairman

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