BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
JANUARY
12, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, January 12, 2010, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Bob Dallari (District 1)
Vice
Chairman Brenda Carey (District 5)
Commissioner
Mike McLean (District 2)
Commissioner
Dick Van Der Weide (District 3)
Commissioner
Carlton Henley (District 4)
Acting
County Manager Joe Forte
County
Attorney Robert McMillan
Deputy
Clerk Sandy McCann
Associate
Pastor Charles Higgins, Westview Baptist Church, Sanford, gave the
Invocation.
Commissioner
Carlton Henley led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner Carey, seconded
by Commissioner McLean to adopt appropriate Resolution #2010-R-4, as shown on
page ________, proclaiming support and participation in the 2010 Census to
ensure a complete and accurate population count in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Dick Langlock, Chairman of the Complete Count
Committee, who addressed the Board to express his appreciation, stating he
believes the Resolution will go a long way in raising the awareness of the
upcoming census and encourage residents to return their census questionnaires.
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Motion by Commissioner McLean, seconded
by Commissioner Carey to adopt appropriate Resolution #2010-R-2, as shown on
page _______, acknowledging the Lake Mary High School Girls’ Golf Team for
achieving the 2009 FHSAA 2A District 5 Championship, the 2009 FHSAA 2A Region 2
Championship; and the 2009 FHSAA 2A Girls’ Golf State Championship.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner McLean, seconded
by Commissioner Carey to adopt appropriate Resolution #2010-R-1, as shown on
page _______, acknowledging the Lake Mary High School Boys’ Golf Team for
achieving the 2009 Seminole Athletic Conference Championship; the 2099 FHSAA 2A
Region 2 Championship; and the 2009 FHSAA 2A Boys’ Golf State
Championship.
District
1, 2, 3, 4 and 5 voted AYE.
Both
Resolutions were presented to the girls’ and boys’ teams.
Coach
Doug Peters addressed the Board to express his and the teams’ appreciation for
the recognition.
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Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt appropriate Resolution #2010-R-5, as shown on
page _______, recognizing Kenneth E. Woleslagle, Roads-Stormwater Division,
Public Works Department, for thirteen years of service and dedication to
Seminole County Government and its citizens, upon his retirement on January 12,
2010.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mr. Woleslagle, who addressed the Board to express
his appreciation.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt appropriate Resolution #2010-R-3, as
shown on page _______, recognizing Stephen E. Coffman, Roads-Stormwater
Division, Public Works Department, for thirty years of service and dedication
to Seminole County Government and its citizens, upon his retirement on January
29, 2010.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was given to Albert English who addressed the Board to express his
thanks on behalf of Mr. Coffman.
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Acting
County Manager, Joe Forte, advised Ron Block is in attendance and will be
presenting the overview of the Management Audit of Contract PS-5190 (CH2M Hill).
Ron
Block, RWBC, addressed the Board to give a PowerPoint presentation (copy
received & filed), advising he is the President of RWBC and the one
primarily performing the audit. He
reviewed the objections of the audit which included: (1) Is CH2M Hill, the
Program Manager, complying with the terms of the Master Agreement and Work
Orders; (2) Did County staff perform due diligence in administering the work
orders; (3) Are internal controls in place to ensure contract compliance and
compliance with County policies; and (4) Identify procedures that could be
implemented to improve the County’s internal controls. He advised there were 25 work orders which
included $34.9 million; and of which $26.1 million was expended. He said that out of the $34.9 million, 90% of
the work orders issued were for lump sums and fixed prices. With regard to contract administration, there
was no evidence of independent fee estimates or record of negotiations found
for the work orders; minimal evidence that Environmental Services performed due
diligence to test reasonability of submitted PM fees; disagreement among County
departments on Environmental Services’ approach to use fixed price work orders;
two different document management systems used to administer the program; and
work on the CIP appears to be progressing slower than initially envisioned, but
the lack of an approved baseline CIP renders measurement difficult. He stated that the scope of work within fixed
price work orders cannot be readily measured given that key information needed
to allow measurement is not included in the executed work order as it either
resides in multiple locations or does not exist. Measuring performance of fixed price work
orders covering multiple years is extremely difficult under a rolling CIP with
annual revalidations and no approved baseline.
He further stated that establishing a wide band of billing rates for
positions coupled with extensive use of fixed priced work order creates
financial risk to the County. Aside from
standard County procedures, there are no formalized policies and procedures
specifically designed to the management program for management contracts such
as PS-5190; and there is no formalized process to measure deliverables to
auditable control points to invoices.
Mr.
Block continued his presentation by discussing contract compliance, advising
the Program Manager has performed design and engaged subcontractors to perform
design under PS-5190, which is a service explicitly not authorized under
Section 15 of the Master Agreement. The
Program Manager has subcontracted work without approval from the County, which
is in violation of Section 17; and to varying degrees, several fixed priced
work orders contain line items for reimbursable expenses ranging from $40,000
to $190,000 without supporting documentation.
He further advised that key performance indicators are not used to
measure project and program performance; and the master program schedule is not
maintained at a level of detail to allow for meaningful time or critical path
impact analysis – there are limited logic ties with virtually no
interdependency show between CIP projects.
He added that to date, the combined value of program management and CEI
fees alone total 38% of construction costs awarded to date.
Director
of Environmental Services, Andrew Neff, addressed the Board to review the
proposed actions as follows: performing
independent fee estimates; time and material methodology for new work orders;
review onbase expansion module; baseline program on annual work orders (W.O.
#20 analysis); execution at project level; Time & Materials individual billing
rates/multipliers; deliverables indentified; process procedures completed by
April 1; and performance measures completed by February 1st.
Chairman
Dallari stated he thought staff would be presenting Work Order #20 to the Board
today.
ACM,
Joe Forte, advised W.O. #20 has been reviewed by Mr. Block; he has met with
staff and a report has been issued. He
added that a copy of the report will be given to the BCC by lunch.
Upon
inquiry by Commissioner Henley, Mr. Neff stated he does not believe they need a
moratorium on work orders until April 1, because he feels there is enough in place
to proceed.
Commissioner
McLean said he believes the line needs to be drawn immediately between the
fixed fee process and the time & materials process.
Commissioner
Carey stated that the County could not be as far along with their program as
they are without CH2M Hill. She said
because the County is ready to go with a new bond rating, she feels it is very
important to finish this audit and move forward.
Commissioner
Henley concurred, but said it is also important to make sure the County is not
paying out for more than what they are receiving.
Chairman
Dallari stated he appreciates Mr. Forte and staff moving forward with the time
& material process. He also thanked
Mr. Block for his presentation.
COUNTY
MANAGERS’CONSENT AGENDA
ACM,
Joe Forte, distributed a corrected page 10 for Item #15, Service Agreement
Contracts for Adult Drug Court.
Commissioner
Henley requested Item #25, Administrative Code for Recovery Zone/Build America
Bonds, be pulled for a separate vote.
Commissioner McLean announced that the U.S. Soccer – Florida Cup
event (Item #19) will be held on March 13 and 14 at Sylvan Lake Park.
Motion by
Commissioner McLean, seconded by Commissioner Carey to approve and authorize
the following:
County Manager’s Office
Business
Office
7. Approve
travel and mileage reimbursement in the amount of $182.77 to Commissioner
Brenda Carey for attending the Florida Association of Counties conference
December 1st through 3rd, in St. Petersburg, FL.
Purchasing
and Contracts
8. Award
CC-5018-09/VFT – Red Bug Lake Regional Stormwater Facility – Howell Creek Basin
Agreement, as shown on page _______, in the amount of $597,583.77 to Central
Florida Environmental Corporation of Winter Springs, Florida.
9. Approve
Amendment #1, as shown on page _______, to RFP-600453-08/BJC - Tourism
Marketing Services with Paradise Advertising & Marketing, Inc., St.
Petersburg.
10. Approve Amendment #2, as shown on page _______, to Work Order #11
under PS-2249-07/BHJ - CEI Services for Country Club Road (Rantoul to CR 46A)
with DMJM Harris of Orlando, Florida, in the amount of $57,248.42.
11. Approve Amendment #5, as shown on page _______, to PS-5191-05/TLR
with Brown and Caldwell of Maitland, Florida to add a Not-To-Exceed Fee in the
amount of $143,198.00.
12. Approve Amendment #22, as shown on page _______, to PS-332-96/BJC
with Bowyer Singleton & Associates, Inc., of Orlando, Florida, to increase
the total Fixed Fee Amount of the Agreement by an additional $27,869.00.
13. Approve Proprietary Source Procurement for the Maintenance and
Repairs of Solid Waste Scales with Sanford Scale Company, Inc., Sanford
(Not-to-Exceed $105,000.00 for three (3) years term).
Community Services
Business
Office
14. Approve and authorize the Chairman to execute the Annual Choose
Life Specialty License Plate Affidavit, as shown on page ________, to the
Florida Department of Highway Safety and Motor Vehicles.
15. Approve and authorize the Chairman to execute the Service Agreement
Contracts, as shown on page _______, for Adult Drug Court with the
following: New Life Connections, Inc.;
Seminole County Mental Health Center, Inc.; The Grove Counseling Center, Inc.;
Project Refocus, Inc.; Hope & Help Center of Central Florida, Inc.; and
Human Services Associates, Inc.
16. Approve and authorize the Chairman to execute a Memorandum of Understanding,
as shown on page _______, with the 18th District Judiciary which defines the
responsibilities related to the Adult Treatment Drug Court Grant awarded to
Seminole County by the Substance Abuse and Mental Health Services
Administration.
Community
Assistance
17. Approve and authorize the Chairman to execute
the Agreement, as shown on page _______, with Habitat For Humanity under the
SHIP Program Remedial Developer Agreement.
18. Approval for submission of a Grant Application
to the Florida Department of Community Affairs requesting the allocation of
$432,350.00 through the Community Development Block Grant Disaster Recovery
Program, and authorization for the Chairman to execute the Application, as
shown on page _______, and any other documents as may be necessary for the
application.
Economic Development
Tourism
Development
19. Approve and authorize the Chairman to execute an Agreement, as
shown on page _______, with U.S. Soccer- Florida Cup in the amount of $9,000
for the 2010 Florida Cup.
20. Approve and authorize the Chairman to execute an Agreement, as
shown on page _______, with Spring Break Sports, Inc. in the amount of
$21,500.00 for the 2010 Spring Break Sports Event.
21. Approve and authorize the Chairman to execute an Agreement, as
shown on page _______, with Crappie Masters, Inc. for the 2010 Seminole County
Crappie Masters National Qualifier in the amount of $8,000.
22. Approve and authorize the Chairman to execute an Amendment to the Agreement,
as shown on page _______, with Florida Half Century Amateur Softball
Association, Inc. for the Slow Pitch Softball Tournaments for Seniors;
increasing the sponsorship from $12,364.00 to $14,275.64.
Environmental Services
Business
Office
23. Approve and authorize the Chairman to execute the Conditional
Utility Agreements, as shown on page _______, for Potable and Reclaimed Water
and Sewer service, including Exhibit G Water Agreement (Reclaimed) for
oversizing and extending the reclaimed water line for the project known as
Douglas Grand at Lake Mary.
Planning,
Engineering & Inspections
Solid
Waste Management
24. Approve and authorize the Chairman to sign the Non-Exclusive
Franchise Agreement for Commercial Solid Waste Collection Service, as shown on
page _______, with Veolia ES Solid Waste Southeast, Inc.
Fiscal Services
Administration
26. Approve and authorize the Chairman to execute a Grant Agreement, as
shown on page _______, with the Florida Department of Environmental Protection
in acceptance of funding through their Petroleum Contamination Clean-Up
Program.
27. Approve and authorize the Chairman to execute a Grant Agreement, as
shown on page _______, with the Florida Division of Emergency Management in
acceptance of $283,016.00 through their Hazard Mitigation Grant Program.
28. (1) Approve submission of a Grant Application to the Florida
Department of Health requesting the allocation of $307,668.00 through their
Emergency Medical Services County Grant Program; (2) approve and authorize the
Chairman to execute a supporting appropriate Resolution #2010-R-16, as shown on
page _______, that certifies use of the funds; and (3) authorize the Chairman
to execute any other documents required for the grant application submission.
Budget
29. Approve and authorize the Chairman to execute
appropriate Budget Amendment Resolution #2010-R-7, as shown on page _______,
implementing Budget Amendment Request (BAR) #10-30 through the Public Safety
Grants Fund & Fire Protection Fund in the amount of $377,355.00 to allocate
funds from the Florida Division of Emergency Management’s Hazard Mitigation
Grant Program.
30. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2010-R-8, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-33 through the Public Works Grant Fund in the amount of
$1,000.00 to adjust funding for ARRA Stimulus Grant funded project.
31. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2010-R-9, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-35 through the Fire Impact Fee Fund in the amount of $167,480.00
in order to carryforward unexpended project funding from FY 2008/09 to FY
2009/10.
32. Approve and authorize the Chairman to execute appropriate Budget
Amendment Resolution #2010-R-10, as shown on page _______, implementing Budget Amendment
Request (BAR) #10-36 through the General Fund in the amount of $27,043 to
increase funding for the Choose Life Adoption program.
33. Approve and authorize the Chairman to execute Budget Change Request
(BCR) #10-05 through the Infrastructure Sales Tax Fund (2001) in the amount of
$1,500,000.00 to establish and provide funding for Roadway and Base
Reconstruction Projects in the Infrastructure Sales Tax Fund (2001) for FY
2009/10.
Planning and Development
Planning
34. Approve the Partial Release of Code Enforcement lien in the amount
of $89,000.00, Case #08-145-CEB on the property located at 2013 Vanderbilt
Point, Longwood - Consulting Group, LLC, Trustee (previous owner) and Gibraltar
Real Estate & Investment, Inc. (current owner), and authorize the Chairman
to execute the Partial Release of Lien, as shown on page _______.
Public Safety
Administration
35. Approve and authorize the Chairman to execute appropriate
Resolution #2010-R-11, as shown on page _______, renaming a segment of Mikler
Road to Veritas Drive.
Public Works
Engineering
36. Adopt appropriate Resolution #2010-R-12, shown on page _______,
accepting a Warranty Deed, as shown on page _______, (Colonial Realty Limited
Partnership to Seminole County) for property necessary for the State Road
417/International Parkway Ramp Project.
37. Adopt appropriate Resolution #2010-R-13, as shown on page _______,
and authorize the Chairman to execute County Deeds, as shown on page _______,
conveying property (FDOT Parcel Numbers 105.1R and 148.1R) necessary to improve
State Road 434 (from Interstate 4 to Rangeline Road) to the Florida Department
of Transportation (FDOT).
38. Adopt appropriate Resolution #2010-R-14, as shown on page _______,
and authorize the Chairman to execute a Subordination of County Utility
Interests Agreement, as shown on page _______, with the Florida Department of
Transportation for property (FDOT ~ Parcel Numbers 104.2R and 802.2R)
determined necessary to improve State Road 415 (from State Road 46 to the
Volusia County Line).
39. Adopt appropriate Resolution #2010-R-15, as shown on page ________,
and authorize the Chairman to execute a County Deed, as shown on page _______,
conveying property (Parcel Number 101.1R) to the Florida Department of
Transportation necessary to improve State Road 436 at Red Bug Lake Road from
Lake Howell Road to Wilshire Boulevard.
40. Approve and authorize the Chairman to execute two separate Purchase
Agreements, as shown on page _______, (Marvin Mackeyroy and Tayuwanna Williams)
to acquire exclusive drainage easements necessary to replace stormwater
structures in the Lincoln Heights Subdivision. Capital Improvement Project
Number 00209108.
Districts 1, 2, 3, 4, and 5 voted
AYE.
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Request to
amend the County’s Administrative Code to include the addition of Section 16.5
Recovery Zone – Build America Bonds, presented.
Upon
inquiry by Commissioner Henley, Director of Fiscal Services, Lisa Spriggs,
addressed the Board to advise staff is putting this framework in place in case
the County wants to take advantage of these types of bonds. She added that if this is not in place, the
County would not be able to take advantage of the opportunity should they wish
to.
Upon
further inquiry by Commissioner Henley, Ms. Spriggs stated staff has not
anticipated any projects at this point; however, from a practical side, Jetta
Point could be considered.
Chairman
Dallari requested Ms. Spriggs provide the Board with a spread sheet consisting
of other entities and municipalities.
Ms. Spriggs stated she will also show the types of bonds available.
Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt appropriate Resolution #2010-R-6, as shown on
page _______, amending the County’s Administrative Code with the addition of
Section 16.5 Recovery Zone – Build America Bonds.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by Commissioner McLean, seconded
by Commissioner Carey to approve and authorize the Chairman to execute Purchase
Agreement, as shown on page _______, relating to Parcel #115/715 of the road
improvement project for Chapman Road, in the amount of $96,920, for full
settlement of all claims for compensation from which Seminole County might be
obligated to pay relating to these parcels.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
CLERK’S
OFFICE
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve and authorize the following: Expenditure Approval Lists, as shown on page
_______, dated November 23 & 30 and December 8 & 14, 2009; Payroll Approval
Lists, as shown on page _______, dated November 12 and December 10, 2009; and
approval of BCC Official Minutes dated December 8, 2009.
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.
Copy
of Recorded General Warranty Deed, as shown on page _______, for Charles W.
Clark.
2.
Recorded
Partial Releases of Mortgage, as shown on page _______, for Richard O’Dell, Sr.
3.
Performance
and Payment Agreements, as shown on page _______, in the amount of $49,500 for
Reeltyme Development (1043 Upsala Right-of-way).
4.
Replacement
Letter of Credit #BB10046/AR45, as shown on page ________, in the amount of
$180,536.20 for the project known as I-4 Industrial Park Sections 5 and 6.
5.
Maintenance
Bond #41176714, as shown on page _______, in the amount of $7,461.62 for the
project known as South White Cedar Road ROW Craftwork; and Maintenance Bond
#584235S in the amount of $14,925 for the project known as Adams Street &
Harwood Ave.
6.
Memoranda
from Doris-anne Freeman, City Clerk, City of Altamonte Springs, relating to
annexation of properties.
7.
E-mails
to and from Bruce McMenemy, Chief Deputy Clerk; Acting County Manager Joseph
Forte; Ray Hooper, Purchasing Manager; and Matthew Minter, Assistant County
Attorney, etc. relating to 10-day grace period for BCBS claims.
8.
BOA
Development Orders, as shown on page _______, for Danny & Angelina Tucker
and Jeremy & Christina Morton.
9.
Financial
Audit for Fiscal Year ended June 30, 2009 from Seminole Community College.
10.
Tennis
Pro Revised Exhibits B, as shown on page _______, for Brittany Collins and Eric
Cordova.
11.
Amendment
#3, as shown on page _______, to RFP-600006-06.
12.
Parks
Contract, as shown on page _______, for Tammy L. Childs.
13.
Mutual
Aid Agreement, as shown on page ________, for Fire Protection and Rescue
Services with Lake County as approved by the BCC on September 22, 2009.
14.
Copy
of Community Services Block Grant Award Agreement, as shown on page _______,
with the Department of Community Affairs as approved by the BCC on July 28,
2009.
15.
Amendment
#2, as shown on page _______, to Work Order #5 to RFP-3261-08.
16.
Amendment
#2, as shown on page _______, to Work Order #27 to PS-0381-06.
17.
Amendment
#3, as shown on page _______, to Work Order #3 to PS-1529-06.
18.
Amendment
#4, as shown on page _______, to Work Order #26 to PS-1074-06.
19.
Work
Orders #20, #21, #22, #23 & #24, as shown on page _______, to RFP-4277-09.
20.
Closeout,
as shown on page _______, for Work Order #6 to CC-2183-07.
21.
Change
Order #1, as shown on page _______, to CC-4336-09.
22.
Amendment
#2, as shown on page _______, to Work Order #5 to PS-5180-05.
23.
Change
Order #3, as shown on page _______, to CC-3075-07.
24.
Change
Order #2, as shown on page _______, to CC-4205-09.
25.
Work
Order #1, as shown on page _______, to RFP-4532-09.
26.
Change
Order #8, as shown on page _______, to CC-2702-07.
27.
Change
Order #4, as shown on page _______, to CC-2938-07.
28.
Work
Order #22, as shown on page _______, to PS-5182-05.
29.
Amendment
#3, as shown on page _______, to Work Order #2 to PS-5192-05.
30.
Amendment
#21, as shown on page _______, to PS-332-96.
31.
Amendment
#1, as shown on page _______, to Work Order #4 to RFP-2574-07.
32.
Work
Order #9, as shown on page _______, to PS-5180-05.
33.
Change
Order #3, as shown on page _______, to Work Order #19 to CC-1284-06.
34.
Work
Order #3, as shown on page _______, to PS-3914-08.
35.
Amendment
#1, as shown on page _______, to Work Order #5 to PS-0984-06.
36.
Work
Orders #1, #2, #3, #4 & #5, as shown on page _______, to M-5004-09.
37.
Work
Order #6, as shown on page _______, to PS-5186-05.
38.
Work
Order #19, as shown on page ________, to RFP-4277-09.
39.
M-5236-09
Agreement, as shown on page _______, Bowyer-Singleton & Associates, Inc.
40.
Work
Orders #26 & #27, as shown on page _______, to RFP-4277-09.
41.
Amendment
#1, as shown on page _______, to Work Order #71 to PS-5120-02.
42.
Amendment
#1, as shown on page _______, to Work Order #67 to PS-5120-02.
43.
Amendment
#1, as shown on page _______, to M-2943-07.
44.
Amendment
#3, as shown on page _______, to Work Order #19 to PS-1529-06.
45.
Work
Order #29, as shown on page _______, to CC-1284-06.
46.
Work
Order #5, as shown on page _______, to PS-5160-04.
47.
Change
Order #2, as shown on page _______, to CC-3458-08.
48.
First
Amendment, as shown on page _______, to RFP-600600-09.
49.
Amendment
#1, as shown on page _______, to Work Order #20 to PS-5190-05.
50.
Closeout,
as shown on page _______, for Work Order #40 to CC-1075-06.
51.
Work
Orders #38 & #39, as shown on page _______, to CC-1741-07.
52.
IFB-600613-09
Contracts, as shown on page _______, Ten-8 Fire Equipment, Inc.; Team
Equipment, Inc.; Law Enforcement Supply; NAFECO; and Fisher Scientific Company.
53.
Work
Orders #36 & #37, as shown on page _______, to CC-1741-07.
54.
Work
Orders #42 & #43, as shown on page _______, to PS-5174-04.
55.
First
Amendment, as shown on page ________, to IFB-6000046-06.
56.
Emergency
Management Preparedness Assistance Grant Agreement, as shown on page _______, Division
of Emergency Management, as approved by the BCC on October 13, 2009.
57.
Change
Order #1, as shown on page _______, to Work Order #25 to CC-1284-06.
58.
First
Amendment, as shown on page ________, to Boating Improvement Agreement for
Sanford Marina, City of Sanford, as approved by the BCC on October 13, 2009.
59.
Tennis
Pro Revised Exhibits B, as shown on page ________, with the following: Jason Cordova; Roger Crawford; Sarah Harkins;
Peter Mainelli; Brian Morrisey; Sergio Rivas; John Sanders; Robyn Suto; Daniel
Keating; Chelsea Maratta-Underwood; Mick Andrews; Joanna Babyar; Daniel Colon;
Michael Custer; Shaun Fisher; John Gegenheimer; Jon Axel Jonsson; Taryn
Lamonettin; Rachel Magory; and Trevor Mitchell.
60.
Work
Order #9, as shown on page _______, to PS-2564-07.
61.
Work
Order #76, as shown on page _______, to PS-5120-02.
62.
Work
Order #7, as shown on page _______, to PS-5140-03.
63.
Amendment
#1, as shown on page _______, to Work Order #11 to PS-2249-07.
64.
IFB-600749-09
Contract, as shown on page _______, Nils Humberg Enterprises, LLC.
65.
Work
Order #25, as shown on page _______, to RFP-4277-09.
66.
Development
Order #08-20000013, as shown on page _______, SR 426 Small Scale Future Land
Use Amendment and Rezone, Vasilios & Prodromos Hatzimarkos.
67.
Change
Order #1, as shown on page _______, to CC-4270-09.
68.
Contract
Renewal, as shown on page _______, with the Florida Department of
Transportation for routine maintenance on State roadways.
69.
RFP-600658-09
Agreement, as shown on page _________, Emergency Management Telecommunications,
Inc.
70.
Eighth
Amendment, as shown on page ________. to RFP-600094-06.
71.
Bids
as follows: PS-4906-09; PS-4736-09;
CC-5048-09; RFP-600768-09; CC-5018-09; RFI-600796-09; and RFP-600775-09.
REGULAR
AGENDA
Planner,
Ian Sikonia, addressed the Board to present the Final Site Plan for the Bear
Lake Plaza PCD, located northwest of the intersection of Maitland Avenue and
Bear Lake Road, George Donovan, advising the retail/office center is proposed
to develop as an 8,550 square foot building.
The developer has applied for LEED certification from the USGBC. He stated this project is unique due to the
location of the properties involved being within both Seminole and Orange
Counties. He added the staff recommends approval
of the plan and the Developer’s Commitment Agreement.
District
Commissioner Van Der Weide stated there has been a lot of time and effort spent
on this project.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to approve the Final Site Plan and Developer’s
Commitment Agreement, as shown on page _______, for the Bear Lake Plaza PCD,
located northwest of the intersection of Maitland Avenue and Bear Lake Road,
George Donovan; and authorize the Chairman to execute the aforementioned
documents, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Assistant
Planning Manager, Tina Williamson, addressed the Board to present request for
approval to advertise an ordinance regarding the maintenance of abandoned foreclosing
or foreclosed properties; and authorization to proceed with an RFP for the
implementation of same. She advised the
ordinance would require the foreclosing entities to register properties once
they initiate foreclosure proceedings and the property is vacant. It would also require that they maintain the
properties in compliance with all applicable codes. She further advised that in order to
implement the ordinance, staff would like to proceed with an RFP to contract
with a consultant that will provide registration and database services.
Commissioner
Carey stated staff has indicated that there are approximately 5,600 homes being
foreclosed on in the County, but she heard on the news that there are
9,000. Whereupon, Ms. Williamson advised
the 5,600 number was as of a few months ago.
Commissioner
Carey said that this requirement will be an additional burden, expense and
responsibility of the owner who is being foreclosed upon.
Upon
inquiry by Commissioner Henley, County Attorney McMillan advised that the cost to
operate the program is intended to be paid for by the registration fee. ACM Forte stated he does not plan on taking
on any more staff to run this program.
Commissioner
McLean suggested allowing the cities to opt into the program, which he believes
would make it more relevant.
ACM
Forte advised the cities were made aware that the Board would be discussing
this issue. Whereupon, Commissioner
Carey stated some of the cities are already doing their own program.
Commissioner
Carey further stated that she believes the County will be penalizing everyone
for a small number (less than 1%) of homes that have code enforcement
issues. Discussion ensued.
Commissioner
Van Der Weide questioned why the Board needs to act on this now without all the
information available to make a decision.
Commissioner
Carey suggested changing the Code Enforcement procedures to deal with this
problem, possibly triggering the registration when there is a violation
reported.
Commissioner
Van Der Weide stated they need to be careful that this will not make the
situation worse.
Commissioner
Carey said she would like to see an alternative brought back to the Board. Commissioner McLean agreed with Commissioner
Carey.
Chairman
Dallari said this item will be continued pending further review and
information.
COUNTY
MANAGER’S BRIEFING
Chairman
Dallari discussed the proposed interlocal agreement between the Orange-Orange
County Expressway Authority (OOCEA) and the Seminole County Expressway Authority
(SCEA) with regard to the Wekiva Parkway.
He stated he believes the Board needs to look at the big picture and asked
staff to review the proposed interlocal and research which would be the best
option for Seminole County to participate in for a much larger regional
aspect.
Director
of Public Works, Gary Johnson, addressed the Board to advise staff has received
no response to SCEA Chairman, Gary Brender’s letter dated November 12, 2009 to
the OOCEA asking that the agreement be amended to include an elected official
from Seminole County as a voting member of OOCEA.
Upon
inquiry by the Chairman, the Board voiced no
objections for staff to proceed with researching and reporting back to the
Board on this issue.
Commissioner
Carey requested staff to go back to look at prior discussions concerning
regional authorities as there is a lot of history with this.
Chairman
Dallari stated he would also like for staff to reach out to other entities,
looking at some type of a regional board.
Commissioner
Carey said she would like to edit the interlocal agreement so that it is
acceptable to the Board and then send it to OOCEA for their response. Commissioner McLean concurred.
Commissioner
Henley requested staff also provide a copy of the original legislation that
created the SCEA, along with the first Interlocal Agreement.
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Commissioner
Carey advised of the MyRegion water meeting scheduled for next week at the Lake
Mary Events Center. However, County
staff, to date, has not been invited.
DCM
Forte advised he has not been able to communicate with MyRegion on this. He stated that he is not sure what the
County’s role is in this because we are way ahead on conservation.
The
Chairman stated he will make some phone calls during the lunch break and report
back at this afternoon’s meeting.
Commissioner Henley said he believes the County needs representation.
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The
Chairman recessed the meeting at 10:55 a.m., reconvening at 1:30 p.m., with all
Commissioners (with Commissioner Carey being late) and all other Officials with
the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk
Eva Roach, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to authorize the filing of the proofs of
publication for this meeting's scheduled public hearings into the Official
Record.
Districts
1, 2, 3 and 4 voted AYE.
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Commissioner
Carey entered the meeting at this time.
PUBLIC
HEARINGS
VACATE AND
ABANDONMENT/James Robertson
Proof of
publication, as shown on page ________, calling for a public hearing to consider
a Resolution to vacate and abandon a portion of the unpaved public
rights-of-way of West Triangle Drive and Hibiscus Drive as shown in Lake
Brantley Isles, Second Addition, James Robertson, received and filed.
Alan
Willis, Development Review, addressed the Board to advise the applicant owns
Lots 1 through 8, Lots 70 through 72 and Lot 79. The existing rights-of-way do not serve any
access to any property other than the applicant’s property. The half vacate of West Triangle Drive will
not affect Lots 57 through 68 as their access is from East Triangle Drive. The applicant is requesting to vacate the
rights-of-way to build three houses on approximately 8 acres without affecting
the wetlands on the proposed site. The
applicant is proposing one house on Lots 1 through 4, one house on Lots 5
through 8 and one house on Lots 70, 71 and 72.
The right-of-way vacates are needed to meet setbacks for the proposed
homes in accordance with drainage and maintenance easements. The owner will apply for driveway permits for
access. Lot 79 is total wetlands and the
owner is providing a drainage easement over the entire parcel. The owner is also providing a 15-foot
drainage and maintenance easement over the existing ditch that traverses Lots
70, 71 and 72. A drainage and
maintenance easement will also be provided over the portion of the vacated
right-of-way of Hibiscus Drive and Lot 7 where the drainage ditch crosses to
the west. The applicable utility
companies have no objections to the request.
Staff has no objections to the request subject to the applicant
providing the drainage, maintenance, and conservation easements over the
area. Mr. Willis stated staff has the
drainage and maintenance easement already signed and it will be recorded with
the vacate resolution.
Mr. Willis
advised that the applicant indicated that he was not sure that he would attend
today’s meeting.
No one
spoke in support or in opposition.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to adopt appropriate Resolution
#2010-R-17, as shown on page ________, vacating and abandoning a portion of the
unpaved public rights-of-way of West Triangle Drive and Hibiscus Drive as shown
in Lake Brantley Isles, Second Addition, as described in staff findings, as
described in the proof of publication, James Robertson.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND
ABANDONMENT/GPI Southeast
Proof of
publication, as shown on page ________, calling for a public hearing to
consider a Resolution to vacate and abandon all or portions of the
rights-of-way all lying in Garda Park Home sites, located west of Markham Woods
Road and south of Markham Road, GPI Southeast, received and filed.
Mr. Willis
stated the applicant, on behalf of Florida Dept. of Environmental Protection
(FDEP), is requesting to vacate to incorporate the rights-of-way into existing
property that is owned by FDEP. FDEP
owns all of the lots except Lots 1-7 and 68.
The subject portion of the right-of-way is not needed for public access
and the proposed vacate will not hinder access to any adjacent properties. The applicable utility companies have no
objections to the request. Staff
recommends approval of the request.
Upon
inquiry by Commissioner Carey, Mr. Willis advised Items #47 thru #49 are vacate
requests from GPI as they wanted to get rid of all the plats that they owned.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner McLean to adopt appropriate Resolution #2010-R-18, as
shown on page _________, vacating and abandoning all or portions of the
rights-of-way all lying in Garda Park Home sites, located west of Markham Woods
Road and south of Markham Road, as described in the proof of publication, GPI
Southeast, Inc., as described in staff findings.
Districts 1,
2, 3, 4 and 5 voted AYE.
VACATE AND
ABANDONMENT/GPI Southeast, Inc.
Proof of
publication, as shown on page ________, calling for a public hearing to
consider a Resolution to vacate and abandon a portion of the plat as recorded
in Susan M. Jones Subdivision located west of Markham Woods Road and north of
Fountainhead Drive, GPI Southeast, Inc., received and filed.
Mr. Willis
stated the applicant is requesting to vacate this portion of the plat since it
is owned by Florida Department of Environmental Protection (FDEP), and is
within Wekiva Springs State Park. The
subject portion of the rights-of-way on the plat are not needed for public
access and the proposed vacate will not hinder access to any adjacent properties. The applicable utility companies have no
objections to the request. Staff
recommends approval of the request.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner Van Der Weide to adopt appropriate Resolution
#2010-R-19, as shown on page _________, vacating and abandoning a portion of
the plat as recorded in Susan M. Jones Subdivision located west of Markham
Woods Road and north of Fountainhead Drive, as described in the proof of
publication, GPI Southeast, Inc., as described in staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND
ABANDONMENT/GPI Southeast
Proof of
publication, as shown on page ________, calling for a public hearing to
consider a Resolution to vacate and abandon a portion of the plat as recorded
in Garda Park, in Section 34, Township 95, Range 29E, GPI Southeast, Inc.,
received and filed.
Mr. Willis
stated the applicant is requesting to vacate this portion of the plat since it
is owned by the FDEP, with the exception of one parcel, and is within Wekiva
Springs State Park. The subject portion
of the right-of-way on the plat, with the exception of Delaware Avenue and the
unnamed right-of-way, are not needed for public access and the proposed vacate
will not hinder access to any other adjacent properties. The applicable utility companies have no
objections to the request. Staff
recommends approval of the request.
No one
spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner Van Der Weide to adopt appropriate Resolution
#2010-R-20, as shown on page ________, vacating and abandoning a portion of the
plat as recorded in Garda Park, in Section 34, Township 95, Range 29E, as
described in the proof of publication, GPI Southeast, Inc., as described in
staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
FLOODPLAIN
VARIANCE
Proof of
publication, as shown on page ________, calling for a public hearing to
consider a request for a floodplain variance from the finished floor
requirements of the Seminole County Floodplain Ordinance, Peter Wales, received
and filed.
Jeff
Johnson, Building Dept. Flood Plain Manager and Plans Examiner, addressed the
Board to advise the applicant is requesting a variance from the minimum
finished floor elevation requirements of the Seminole County Floodplain
Ordinance. He said Mr. Wales’ contractor
applied for a permit to add a 462 sq. ft. addition to his home. During the plan review, staff determined that
the home lies within a flood zone with a base flood elevation of 58.7 ft. The minimum finished floor elevation for the
proposed addition would need to be 59.7 ft.
Staff improperly submitted a variance request to the Board of Adjustment
(BOA) in 2000 and the floodplain ordinance does not provide for BOA authority
to hear variance hearings of flood plain requirements. The BOA approved the request for another
addition allowing it to be constructed 1.8 ft. below the base flood
elevation. There are a number of
criteria that the Board must consider when a request for variance is
considered. The applicant cites his own
physical conditions and the requirement for ramp access to the addition as the
basis for his request. The ordinance
does not recognize physical conditions as a hardship. It relates hardships specifically to the
land. A mechanical lift is another
method of achieving access to the addition without the use of a ramp. The County is a participating community in
the National Flood Insurance Program (NFIP) and is charged with enforcing the
Code of Federal Regulations (CFR) as they relate to flood issues, in addition
to enforcing the County’s ordinance. The
granting of a variance without a hardship could result in the community being
suspended from the NFIP program for not adequately enforcing the regulations
that meet the minimum requirements. The
community has 90 days to correct the deficiencies and to avoid the
probation. The community would be
charged an additional premium of $50.00 if the deficiencies are not corrected
and they would be subject to suspension from the NFIP. The granting of a variance without the
defined hardship would likely result in the County’s CRS rating being reduced
resulting in increased costs to the policyholders. Therefore, staff recommends denial of the
request.
Peter
Wales, applicant, addressed the Board to state he is applying for a variance to
allow him to build an exercise and therapy room.
Upon
inquiry by Commissioner Carey, Mr. Wales advised the hobby room is full of
equipment that weighs several hundred pounds.
He stated if he can build a room to the back he would be able to solve
his problem of being able to get out of the hobby room and into an exercise
room.
Upon
further inquiry by Commissioner Carey, Mr. Wales advised he had the original
room as a therapy room and he is now using it as a hobby room. He stated he weighed 350 lbs. when he applied
for the first variance and he dropped that weight after three years. After that, he found out that he needed
something to exercise his brain and he made that room into a hobby room. He says he got involved in building model
helicopters and he spends most of his day in the hobby room. He added he needs to increase his
independency and this is the only way to do it.
Mr.
McMillan left the meeting at this time.
Upon
inquiry by Commissioner Henley, Mr. Wales advised he can walk from the front of
his car to the back but he doesn’t walk very much. He stated the problem is he doesn’t have
control over his foot.
Commissioner
Henley stated his brother has the same kind of problem with his foot and it
concerns him that Mr. Wales is unable to walk very far.
Upon
inquiry by Commissioner Henley, Mr. Wales advised he doesn’t have any pain
walking. He stated the size of the
therapy room already built is 20 x 20.
Discussion ensued.
Commissioner
Henley stated the problem he is facing is the consequences of allowing this to
go through as staff has indicated that it would possibly affect over 4,000
citizens, because they failed to enforce federal regulations.
Upon
inquiry by Commissioner Henley, Mr. Wales advised the contractor indicated that
they would need a 4 ft. ramp. He stated
he has five bedrooms in his home and two people are living there.
No one
else spoke in support or in opposition.
District
Commissioner Henley stated in view of the new information received, he doesn’t
feel he can recommend approval of the request.
Motion by Commissioner Henley,
seconded by Commissioner Carey to deny the request for a variance from the
finished floor requirements of the Seminole County Floodplain Ordinance for a
462 sq. ft. addition, 315 Lazy Acres Lane, Longwood, as described in the proof
of publication, Peter Wales.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSENT
AGENDA (Continued)
Bessie
Lamb, Drug Court Coordinator, addressed the Board to state she is here speaking
on behalf of Judge Donna McIntosh to express her apologies for not being able
to attend the meeting this morning. She
stated she is here to thank the Board for implementing the Adult Drug Court
(Item #15) Contracts. She submitted
brochures that detail the Drug Court mission statement and the requirements for
a successful program completion. She
stated Judge McIntosh would like to extend her thanks to Jennifer Bero for
assisting the drug courts with grants, and to Michelle Saunders for her
diligence in staying on top of things and resolving issues and problems.
Chairman
Dallari stated he asked Ms. Lamb to relay to Judge McIntosh that the Board
appreciates everything that she and her court do for the County.
LEGISLATIVE
UPDATE
Sabrina
O’Bryan, Assistant County Manager, addressed the Board to give an update on the
Federal Legislative Priorities relating to SR 46-Regional Evacuation Route and
Regional Surface Water Treatment Facility at Yankee Lake. She stated in working with the Information
Technology and Public Safety Departments, they have identified a third project
that wasn’t included in the agenda. That
project is radio conversion from analog to digital and it is approximately $35
million, and they have broken that down into three phases. Phase one includes the procurement of a
master switch as well as software and it would be approximately $3 to $4
million. The federal lobbyist is
recommending that this item be added to the priority project list and they
would seek funding for $1 million to help get that kick started.
Chairman
Dallari stated he would like additional information on that.
Ms.
O’Bryan informed Commissioner Carey that this particular project would come
from a different fund. The lobbyist
suggested that the County should enhance their portfolio in what they are
asking for. She stated she believes the
lobbyist indicated what funding source that would come from, but it was not the
same as the SR 46 project or the regional water treatment facility.
Commissioner
Carey stated some of the funds have more money than others and staff should
talk to the federal lobbyist to see what committees they will go to and what
committee has the money.
Ms.
O’Bryan stated staff had a conversation with them. She stated she briefly asked them about the
radio towers and they indicated that it is not an eligible expense at this
time. They reported that the 5 Points
master complex was not a good fit for availability but the radio project was a
good fit.
Commissioner
McLean stated he believes the Board needs to know more details on this particular
issue to see if they want to pursue it.
Ms.
O’Bryan stated there are some deadlines approaching the County for which some
of the Congressional members would like receipt of requests for money by
January 29. However, it is not uncommon
for those to get extended into mid February.
She stated if the Board could approve the letter of support for SR 46
and Yankee Lake, she can bring back additional details at the January 26
meeting.
Commissioner
Henley stated he feels it is important that any suggestions coming forward for
requests should indicate what fund or legislative act it is coming out of so
the Board will know up front.
Motion by Commissioner McLean,
seconded by Commissioner Carey to authorize the Chairman to execute a letter,
as shown on page ________, of support to the Congressional members relating to
funding of the SR 46-Regional Evacuation Route and Regional Surface Water
Facility at Yankee Lake.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Henley stated he would like to know what the discussion would be on the
distribution formula for transportation programs and what is indicated in the
legislation that would correct that.
Commissioner
Carey stated the federal distribution formula is part of the 221 Bill and it is
done every six years. She is sure that
Congressman John Mica and Congresswoman Corrine Brown will continue to fight
for Seminole County to get a larger percentage.
Jerry
McCollum, County Engineer, addressed the Board to state he believes they are
fighting for 90%. He stated Congressman
Mice and Congresswoman Brown are the ones that have been championing that, and
they are head of some of the key committees in Washington.
Commissioner
Carey stated Congresswoman Brown is on the Transportation Committee and
Congressman Mica is on the Reauthorization Task Force. She stated she would be happy to monitor
that.
Commissioner
Henley stated there have been discussions about extending it for a period of
time rather than redoing it.
Commissioner
Carey stated she believes they have to extend it until they have a new
agreement because things cannot happen without extending it.
Ms.
O’Bryan stated there are a number of items for follow-up and she can bring them
to the Board at the next meeting.
CHAIRMAN’S
REPORT
Chairman
Dallari requested a motion to ratify reappointment of Alan Trueba as the third
Seminole County designee to the City of Casselberry’s CRA Board for a 3-year
period.
Motion by Commissioner Carey,
seconded by Commissioner McLean to ratify reappointment of Alan Trueba as the
third Seminole County designee to the City of Casselberry’s CRA Board for a
3-year period.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari requested approval to ratify reappointment of Keith Weissman as the
Sheriff’s Office representative on the Animal Control Board for a 1-year term
ending 1/1/2011.
Motion by Commissioner Carey,
seconded by Commissioner McLean to ratify reappointment of Keith Weissman as
the Sheriff’s Office representative on the Animal Control Board for a 1-year
term ending 1/1/2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari requested approval to reappoint Dr. Joseph Vaughn to the Animal Control
Board for a 1-year term.
Motion by Commissioner Carey,
seconded by Commissioner McLean to reappoint Dr. Joseph Vaughn to the Animal
Control Board for a 1-year term.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari requested approval to reappoint William Carpenter to the Orlando Urban
Area Transportation Study Citizens Advisory Committee (OUATS) for a 4-year
term.
Motion by Commissioner Carey,
seconded by Commissioner Mclean to reappoint William Carpenter to the Orlando
Urban Area Transportation Study Citizens Advisory Committee (OUATS) for a
4-year term.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari requested approval to reappoint Russell McLatchey to the Law Library –
Fred R. Wilson Memorial Board of Trustees for a 3-year term.
Motion by Commissioner Carey,
seconded by Commissioner McLean to reappoint Russell McLatchey to the Law
Library – Fred R. Wilson Memorial Board of Trustees for a 3-year term.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Dallari requested that Commissioner Van Der Weide attend the name changing of the National
Vietnam War Museum to the Corporal Larry E. Smedley National Vietnam War Museum
on April 10, 2010 at 2:00 p.m.
Commissioner Van Der Weide agreed to attend same.
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Chairman
Dallari stated there will be a groundbreaking ceremony at Yankee Lake in the
next month and he feels it is important to invite past Commissioners as well as
surrounding cities and governments to attend same.
Upon
inquiry by Mr. Forte, Chairman Dallari advised he doesn’t see spending very
much on this at all as it should be very low-keyed.
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Chairman
Dallari stated Mike Ertel, Supervisor of Elections, has requested an
appointment to the Canvassing Board for the upcoming elections and he will be
asking for that to be waived.
Commissioner
Henley recommended that the appointment should be court-appointed.
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Chairman
Dallari submitted a copy of the Boards & Committees Liaison Appointments
(received and filed) and he requested approval of same.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to approve the 2010 Boards &
Committees Liaison Appointments, as shown on page ________.
Districts
1, 2, 3, 4 and 5 voted AYE.
Letters to
Boards and Committee informing them of each Board member liaison
appointments/reappointments were received and filed.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter (w/attachment) dated November 18, 2009, from
Sean Gallagher, Florida Department of Agriculture and Consumer Services, to
Chairman Dallari re: 2008/2009 Annual Report for the Division of Forestry’s
accomplishments in the Fire Control Program.
(cc: Leisure Services)
2.
Letter (w/attachment) dated November 30, 2009, from
Sam Stark, Central Florida Sports Commission, to Chairman Dallari re: October
2009 Activities Report. (cc: BCC, County Manager)
3.
Notice of FDOT District 5 and the Orlando-Orange
County Expressway Authority re: Public Workshop for review and discussion of
Wekiva Parkway Service Road Concept on December 17, 2009, at Sorrento Christian
Center, Sorrento, Florida. (cc: BCC,
County Manager, Engineering)
4.
Notice of City of Lake Mary Commission Public
Hearing being held December 17, 2009 and January 21, 2010, re: Proposed
rezoning of property from R-1A to PO.
(cc: BCC, County Manager, Planning and Development)
5.
Letter (w/attachment) dated December 14, 2009, from
Cynthia Porter, City of Sanford Deputy City Clerk, to Board of County
Commissioners re: Public Hearing on January 11, 2010 and January 25, 2010, for
Annexation Ordinance No. 4201. (cc:
County Manager, Planning and Development)
6.
Letter dated December 14, 2009, from Hort Soper,
Jai-Alai President, to Chairman Dallari re: business will not close on December
28, 2009, as previously anticipated.
(cc: BCC, County Manager, Planning and Development, County Attorney)
7.
Letter dated December 14, 2009, from Buddy Dyer,
City of Orlando Mayor, to Chairman Dallari re: recognition for hard work and
dedication to SunRail and to the Central Florida Community. (cc: BCC, County Manager, Public Works)
8.
Letter (w/attachment) dated December 15, 2009, from
Robert Harris, Seminole County Bar Association and Legal Aid Society, Inc., to
Chairman Dallari re: 2009 Annual report.
9.
Letter (w/attachment) dated December 17, 2009, from
Barbara Lipscomb, City of Casselberry City Manager, to Joe Forte, Acting County
Manager, re: application from Alan Trueba for consideration to the City of
Casselberry Community Redevelopment Agency.
(cc: BCC)
10.
Memorandum (w/attachment) dated December 18, 2009,
from Miles Anderson, State of Florida, Division of Emergency Management, to
Chairman Dallari re: Annual request for update, per 9G-22, Florida
Administrative Code. (cc: BCC, County
Manager, Planning and Development)
11.
Letter dated December 24, 2009, from D. Ray Eubanks,
Department of Community Affairs, to Chairman Dallari re: Submission of Seminole
County’s Comprehensive Plan Amendment No. 09-1, adopted by Ordinance Nos.
2009-36, 2009-37 for review. (cc: BCC,
County Manager)
12.
Letter dated December 28, 2009, from Richard Booth,
National Vietnam War Museum, Inc., to Chairman Dallari. Re: renaming of the National Vietnam War
Museum to the Cpl. Larry E. Smedley National War Museum. (cc: BCC, County Manager, Veterans Services)
13.
Notice from City of Sanford Community Redevelopment
Agency re: Cancellation of January 6, 2010 meeting. (cc: BCC, County Manager, Planning and
Development)
14.
Notice of City of Lake Mary Commission Public
Hearing being held January 20, 2010, re: Request for variance on property
located at 2680 W. Lake Mary Boulevard and 122 N. 5th Street. (cc: BCC, County Manager, Planning and
Development)
15.
Notice of City of Casselberry Planning Division to
change Future Land Use Designations of Properties due to property annexations
into the city limits from November 2008 through November 2009, LPA 09-02 and ZB
09-08 – Map A. (cc: BCC, County Manager,
Planning and Development)
16.
Notice of City of Casselberry Planning Division to
change Future Land Use Designations of Properties due to property annexations
into the city limits from November 2008 through November 2009, LPA 09-02 and ZB
09-08 – Map B. (cc: BCC, County Manager,
Planning and Development)
17.
Notice of City of Casselberry Planning Division to
change Future Land Use Designations of Properties due to property annexations
into the city limits from November 2008 through November 2009, LPA 09-02 and ZB
09-08 – Map C. (cc: BCC, County Manager,
Planning and Development)
18.
Letter dated January 6, 2010, from Tom Feeney, Fowler,
O’Quinn, Feeney and Sneed, P.A., to Chairman Dallari re: Interlocal Agreement
between the Orlando-Orange County Expressway Authority and the Seminole
County/Seminole County Expressway Authority regarding the Wekiva Parkway. (cc:
BCC, County Manager)
DISTRICT
COMMISSIONERS’/COMMITTEE REPORTS
Motion by Commissioner Carey,
seconded by Commissioner Henley to reappoint the following:
Gayle Hair to the Animal Control Board for
a 1-year term ending January 2011;
Dave Putz to the Building Contractor
Examiners board as the Plumbing Contractor for a 1-year term ending January
2011;
Richard Mosely to the Building Contractor
Examiners Board as the Swimming Pool Contractor for a 1-year term ending
January 2011; and
Mike Martin to the Leisure Services
Advisory Committee for a 3-year term ending January 2013.
Districts 1, 2, 3, 4
and 5 voted AYE.
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Commissioner
Carey stated she attended the FAC program and they have come out with the 2010
Legislative Priorities and most of them had to do with unfunded mandates. She stated she will make sure that the Board
and Ms. O’Bryan receive a copy of same.
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Commissioner
Carey stated she had an opportunity to talk to Shelley Lawton at MyRegion to
discuss the upcoming meeting, and this is last of the seven regional Water
Strategy meetings. The focus of those
meetings was about what are the issues in going forward with a regional water
solution or strategy. The event for the
last meeting relates to “Strategy on Regional Water” and it is scheduled from
10:00 a.m. to 12:00 p.m. The Wekiva
Basin Commission meeting is scheduled from 1:30 p.m. to 3:30 p.m. Senator Constantine will discuss the Senate
Committee’s inland water strategies at 4:00 p.m. She said she spoke to Ms. Lawton and Mr.
Forte about making the public aware of the conservation programs, and Ms.
Lawton indicated that she would be happy to allow Seminole County to do
that. She submitted some slide show
presentations and feedback summary (not received and filed) from different
committee meetings. She stated Mr. Andy
Neff is a member of the Steering Committee and he and Mr. Forte need to get
together to decide how they are going to inform the people of the County’s
conservation programs.
Upon
inquiry by Chairman Dallari, Commissioner Carey advised MyRegion consists of
seven counties and 86 cities, and all of them are having discussions on the
water issues. She doesn’t think anyone
has ruled out that they will have a regional water facility one day.
Chairman
Dallari stated water should be based on scientific information, research, the
status on where the aquifer is, and how water is being used.
Commissioner
Carey stated most of the jurisdictions have on paper what their future water
needs are going to be and the issue is can they do it as a region. This is not the only issue that MyRegion is
taking up, and it is unfortunate that people have not taken some serious steps
that need to happen. She stated she
feels it is important for staff to make a short presentation to make the public
aware of this.
Commissioner
Van Der Weide stated he is not against having staff to observe what is going
on, but he is not in favor of it if they want the County’s participation by
providing more money. He stated
MyRegion.org’s mission is over with.
Commissioner
Carey stated the County can participate without giving money.
Commissioner
Henley stated the thing that concerns him is they are not interested enough to
ask the County to make a presentation, but when you get involved with
MyRegion.org organizing an agenda, they may end up in a situation where they
wind up on the short end of the boat. He
stated he has no objections in observing what is going on.
Commissioner
Carey stated the County has been invited to attend the stakeholders’ meeting
and they will have an open debate.
Commissioner
Henley stated Congress of Regional Leaders has a meeting scheduled on January
25 and he won’t be able to attend the MyRegion’s meeting during that day unless
they have merged both meetings.
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Commissioner
Carey stated she received correspondence from Sanford/Mayor Linda Kuhn relating
to the County looking at a parking area where the jail used to be. The County has submitted a proposal to
construct a heavy duty 10 ft. tall chain-link fence with 12” razor wire coil to
help protect the judges. She stated
Chief Judge Simmons indicated that the judges need some type of protection in
the parking lot and Mayor Kuhn’s response was the City’s Land Development Code
allows for a 4 ft. fence and they could get a variance for a 6 ft. fence. She asked staff to meet with the City to
discuss this issue and she will be happy to work with them as well. She asked staff to get with her after the
meeting.
Commissioner
Carey stated the judges want that area to be fenced so they can access their
cars without being seen.
Chairman
Dallari stated he is sure that something can be worked out.
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Commissioner
Carey stated the 33rd Annual Central Florida Scottish Highland Games
will be held on January 16 and 17 at Central Winds Park in Winter Springs and
information on tickets can be found on their website at www.flascot.com.
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Commissioner
Carey stated she would like to remind everyone of the Martin Luther King, Jr.
Day beginning on January 16 with an annual dinner. She stated there will be parades on January
18 in Sanford and in Oviedo starting at 10:00 a.m.
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Commissioner
Dallari requested approval to reappoint Wes Borgman to the Leisure Services
Advisory Committee for a 3-year term ending 2013; reappoint Eunice Mann to the
Historical Commission for a 2-year term ending 2012; and appoint Luis Diaz to
the Code Enforcement Board for a 3-year term ending 2013.
Motion by Commissioner Carey,
seconded by Commissioner McLean to reappoint Wes Borgman to the Leisure
Services Advisory Committee for a 3-year term ending 2013; reappoint Eunice
Mann to the Historical Commission for a 2-year term ending 2012; and appoint
Luis Diaz to the Code Enforcement Board for a 3-year term ending 2013.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari requested approval to appoint Damon Chase to the Seminole County Port
Authority for a 4-year term as the rotating appointment for District 1.
Motion by Commissioner McLean,
seconded by Commissioner Henley to appoint Damon Chase to the Seminole County
Port Authority for a 4-year term as the rotating appointment for District 1.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated the CR 419 Preliminary Engineering Study meeting will be held on
January 14 at Walker Elementary School in Chuluota at 6:00 p.m. to 8:00 p.m.
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Motion by Commissioner McLean,
seconded by Commissioner Carey to reappoint Tricia Weldon to the Leisure
Services Advisory Committee for a 3-year term ending 1/1/2013.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
McLean stated he attended the annual Seminole County Traffic Engineering Teams
and Awards luncheon. He said that Robin
Butler deals with the award winning mock dui and training programs. Seminole County’s fire and police departments
have been involved in that program for years.
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Commissioner
McLean stated he attended the Seminole County Bar Association luncheon. The Legal Aid Program and association members
use their expertise to help people to pay for services who were unable to do
so. He said he had an opportunity to
attend that and accept awards for working with some of the nonprofits.
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Commissioner
McLean stated he attended the Friends of the Library luncheon and they
discussed the possibility of doubling their facility in Casselberry. He stated it is nice to see citizens that are
willing to make an effort to make their community a better place. He said the Sanford Library will be opening
their new computer center on January 25.
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Commissioner
McLean stated during the Airport Authority meeting, there was discussion about
Allegiant Air going to the Orlando International Airport (OIA). He stated the Board may have heard that Fly
Globe charter airline filed bankruptcy and the Authority is looking for
alternatives in that regard. The Airport
Authority will be going to Tallahassee on February 3 for their legislative
agenda. The Authority is interested in
the expansion of SR 46 up to SR 415 and the Board may want to discuss that with
President Larry Dale.
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Commissioner
McLean stated the Envision Seminole conference is scheduled on January 30, and
they will be discussing all aspects of the community for moving their community
forward. He stated he is a member of
Leadership Seminole and he is chairing the Leadership Symposium that will be
held in June. They will work on the
where’s and when’s and Commissioner Van Der Weide can contact Mr. Wayne
Weinberg, Executive Director of Leadership Seminole, regarding same.
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Commissioner
McLean informed the Board of CALNO’s new Chairman, Altamonte Springs
Commissioner Steve Wolfman, who is replacing Lake Mary Commissioner Brender.
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Commissioner
McLean stated he has been asked to be the Chairman of the MPO Transportation
Committee for 2010. He stated he is
hoping he will speak to the representatives of MetroPlan and Lynx with regard
to dealing with the special challenging needs of the disadvantaged and
para-transit.
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Commissioner McLean advised John
Asworth resigned from the Seminole County Regional Chamber and he wishes him
the very best in his future endeavors.
He added he attended a seminar at Lyman High School last week and about
300 people attended. There were discussions
regarding what the next step will be.
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Commissioner
McLean stated the Chamber’s State of the County will be held at the new Westin
Hotel on Friday, February 12. He stated
almost 90% of the elected officials attended last year’s event and he is hoping
they will have a better attendance this year.
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Commissioner McLean advised that
Commissioner Henley was the honoree last year for the Wayne Densch Theater Fund
Raiser for the Seminole Roasters and Senator Constantine will be the honoree
for this year (January 28).
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Upon
inquiry by Commissioner Van Der Weide, Commissioner McLean advised he rode on a
float at the Florida Citrus Sports parade.
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Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to appoint/reappoint the following:
Reappoint Debra Garrambone-McMenemy to the
Animal Control Board for a 1-year term ending 1/1/2011;
Reappoint Mike Hattaway to the Board of
Adjustment for a 4-year term ending 1/1/2014;
Reappoint Bill Miller (Building Contractor)
to the Contractor Examiner’s Board for a 1-year term ending 1/1/2011;
Reappoint Cecil Tucker to the Historical
Commission for a 2-year term ending 1/1/2012;
Reappoint Ross Pagano to the Library
Advisory Board for a 2-year term ending 1/1/2012;
Appoint Marti Chan to the Contractor
Examiner’s Board (Consumer) for a 1-year term ending 1/1/2011; and adopt
appropriate Resolution #2010-R-21, as shown on page _________, for Nancy Irish
for her past service on the Contractor Examiner’s Board.
Districts 1, 2, 3, 4
and 5 voted AYE.
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Commissioner
Henley stated there was a signing ceremony with the Governor at Church Street
Station and Commissioners Carey and McLean attended as well. He stated a Commuter Rail meeting was held to
bring everyone up to date on what has happened and he will provide the Board a
copy of the timeline and actions taken.
He said under the review, they are going full-steam ahead in purchasing
right-of-ways that need to be done. It
was apparent at the meeting that Seminole County is ahead in the design of
stations due to Mr. McCollum working very close with the Legislature and the
city officials. He stated he feels
things will be hopping as they are moving toward the transportation development. He added he will provide the Board the
details on that.
COUNTY
MANAGER’S REPORT
Mr. Forte
stated he has submitted Executive Order #2010-001, as shown on page ________,
for the Chairman to execute relating to the severe cold weather that they have
been having.
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Commissioner
Carey requested that staff make sure that all upcoming work sessions are
posted.
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Chairman
Dallari recessed the meeting at 2:48 p.m., reconvening it at 2:55 p.m.
WATER & SEWER
CIP PROGRAM
UPDATE
Andrew
Neff, Environmental Services Director, addressed the Board to present a
PowerPoint Presentation (received and filed) on the Capital Improvement Program
Update. He briefly reviewed the Program
Update Agenda. He displayed and reviewed
the Introduction relating to the Substantial CIP Progress; Being Executed in
Favorable Economic Environment; and Ready to Proceed with the 2nd
Bond. He continued by reviewing the CIP
Funds Status; Plan for Available Funds; CIP Annual Revalidation/
Reprioritization; 2010 Validation Results; 2010 Validation Issues; CIP Summary;
Program Management WO (Non-WO 20 Projects); and Future Program Management WO (2nd
Bond). He stated staff is requesting
Board concurrence of the 2010 Validation Plan.
Staff will bring forward on January 26 the budget change request to
realign all of the projects into the appropriate CIP to make sure the money is
in the right place. Staff would like to
proceed with the Program Management Work Orders in terms of what they will do
today and what they need to do when they get the 2nd Bond proceeds
and merge them together to continue the execution program.
Upon
inquiry by Commissioner McLean, Mr. Neff advised what staff will be doing with
Work Order 20 is to continue that as a fixed fee and encapsulate it into a
defining boundary of 20. He stated what
they will do is memorialize what is left in Work Order 20 and document that,
and then issue Change Order 20 to identify the scope. They will then extend the schedule out when
the last project is scheduled to be completed.
Commissioner
McLean stated he realizes that making the transition will be challenging, but
if clarity and transparency is the goal, he would like to know what would be
the reason to not begin that transition now as opposed to continuing the fixed
fee with Work Order 20.
Mr. Neff
stated with regard to Work Order 20, every month there is a fraction of program
management build against a project. He
stated as projects move through the program there is a tendency of higher
program management costs upfront in a ratio compared to the heavier
construction elements which occur during the backend. They would ensure that they would understand
the scope and schedule of Work Order 20 as well as having all of the projects
delivered for the negotiated fee previously agreed to. The concern is if they split it out, they
would have to go through each project and say this is this and this is
that. It is better to keep it in a box
so they know exactly where it is.
Upon
further inquiry by Commissioner McLean, Mr. Forte advised the PM service for
Work Order 20 has been front-loaded. The
payment for the PM service is spread out over a 30-month period, but the
construction hasn’t caught up. If the PM
service and construction were equal, they could move forward, therefore, the
construction needs to catch up to the PM.
If they go with T&M on Work Order 20 now, it will cost the County
more money.
Chairman
Dallari asked if they could convert Work Order 20 directly to time and
material.
Robert
McMillan, County Attorney, stated the point is they front-ended the work on a
fixed-price work order and on a percentage of completion they probably were
over compensated at this point. He
stated the issue is when they start trying to negotiate with the consultant
over what they have been paid for and what percentages of completion has been
done, and then try to adjust the County has lost their cap.
Upon
inquiry by Commissioner McLean, Mr. McMillan advised if they reach an agreement
after negotiations as to how much they already paid for under Work Order 20 by
virtue of the fixed payments, then the consultant would do the rest of the work
for no more money.
Commissioner
Henley stated he would like to know why they would want more money if they were
paid up-front. Discussion ensued.
Mr.
McMillan stated the issue is trying to tear apart Work Order 20 to see how much
the consultant has been paid and how much more they have to do. The consultant has to finish what they were
contracted to do at that fixed price.
Commissioner
Carey stated by putting Work Order 20 in a box and finishing that based on what
they already have been paid, there is no question that this was part of the
original program. It was included in the
first contract and this is exactly how they were paid. Those projects have to be completed whether
or not the consultant has money coming this month. The policies and procedures can be put into
place and everything will be time and material.
She stated she believes the best way to protect the County is to do what
staff is recommending in identifying how much money is left in Work Order
20. If everyone agrees on the amount
that is left, then the Work Order should be completed.
Upon
inquiry by Chairman Dallari, Drew Jeter, CH2M Hill, addressed the Board to
advise there were concerns expressed in the 2007 audit about over fixed-fee
work orders. It was not clear the
direct tie between the CH2M Hill billings and deliverables as the result of
that audit. A billing structure was
developed and incorporated into Work Order 20 specifically that ties CH2M Hill
fees, progress and payments to progress on projects. He stated it has been stated that the program
management has been paid out in 30 equal increments, but that is not true. CH2M Hill bills everything in accordance with
the audit control points and that shows that for every single project, program
management fee is spread out in an even draw for the length of that
project. If that project, from design
start to construction finish is 20 months, then the program management fee for
that project is billed out for 20 months.
If the project is delayed and is a 60-month project, then it is an even
increment stretched out over 60 months.
The point and time they are at any given time to include the last
invoice is an accurate reflection based on those billing terms of the status of
that project and what is due to the program management team as a result of the
exact status of that project. It is
something that they can define along with the project level based on the
completion of each project and based on the number of days that have been
elapsed on that project compared to what is left on the project to be
completed.
Commissioner
Carey stated controls were put in place from the 2009 audit to make sure CH2M
Hill was not getting a fee up-front and it was being properly spread out and
not front-loaded. Discussion ensued.
Upon
inquiry by Commissioner Carey, Mr. Jeter advised he has no problem completing
the executed Work Order 20.
Mr. Forte
stated whatever has been set up for PM is ahead of schedule for what has been
completed for construction projects, whether it is 78% completion on PM and 58%
on construction, they are not even.
Mr.
McMillan stated the bottom line is if the Board thinks they are going to pay
less by going to time and material to finish Work Order 20 that is fine. However, the County knows what they are going
to pay for the reminder of the fixed fee effort. Whatever is left of the fixed fee is all they
get. They will get paid for whatever
they spend on the time and materials until the end of the project.
Mr. Neff
stated the one thing that jumped out in the Work Order 20 analysis was a
variance between work in place and program fees.
Upon
inquiry by Chairman Dallari, Mr. Neff advised staff submitted the analysis to
the Board during lunch time. He stated
what Mr. Jeter has done in terms of billing is as things changed, they have
slowed down or stopped. But, the way
that program management is billed is a function of time. Staff felt that the best place to be for the
County was to keep maintaining the integrity of Work Order 20 and what they
need to do is extend it. He stated there
will be some negotiations on a couple of issues with Work Order 20, but he
would like to do it as an entity so that staff can answer any questions
associated with it. Everything else will
move forward on a time and materials basis.
Commissioner
Carey stated since the Board has not had an opportunity to review the Work
Order 20 analysis, and CH2M Hill has not had an opportunity to discuss the
outcome of the analysis with Environmental Services staff, she would recommend
discussing what they need to do to revalidate the program and get it moved
forward. She stated staff can give the
Board an update on Work Order 20 at the next meeting. She added there have been a lot of
discussions on the bond issue and she feels it is important to get that part
done.
Commissioner
McLean stated he also feels they need to move that portion forward, but he
would hesitate to say the goal should be to attempt to continue the reason that
created the audits, the challenges and the problems they have now.
Commissioner
Van Der Weide stated he doesn’t want the taxpayers to pay anymore than what
they have to. He stated the County
Manager and the consultant have worked this out and he hasn’t seen any good
reason why they shouldn’t move forward.
Commissioner
Carey stated there have been three audits on this contract. This program has been working very well and
they have accomplished a lot, but she has concerns going with time and material
on Work Order 20 unless they agree on a not-to-exceed number so that they know
what it is. She stated without having it
tied down, she would be concerned about wrapping up Work Order 20 under some
other form. She said she is happy with
moving forward with the staff recommendation.
She added without having a lot of confusion going on from the leadership
side, she feels it is important to try to keep the program and validation
moving forward. This team has worked
well together and the County Manager can make sure that the County is getting
what they agreed on from the beginning.
Upon
inquiry by Commissioner Van Der Weide, Mr. Forte advised he is comfortable with
closing it out and encapsulate Work Order 20 and finish it, and then move
forward with the T&M on all future work orders. County Attorney McMillan agreed.
Chairman
Dallari stated he would like to review the study to see what they have done
with Work Order 20.
Motion by Commissioner Van Der
Weide to continue the Work Order 20 study for two weeks to allow staff time to
brief the Board on same.
Commissioner
Carey stated she will second the motion as long as it is only for Work
Order 20.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey,
seconded by Commissioner McLean to accept the report for the Water and Sewer
CIP Fund Status and 2010 CIP Revalidation.
Districts
1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Commissioner Carey, Mr. Jeter advised he doesn’t know the precise
number saved, but he believes it is in the neighborhood of $40 to $60 million
over the whole span of the 15-16 CIP.
Upon
inquiry by Chairman Dallari relating to the increase use of reuse water, Mr.
Neff advised he believes the County will have to enter into a pretty sizable
educational program. He stated they can
deal with the pressure issue, but he doesn’t think the pressure issue is the
total answer to their problem.
Chairman
Dallari asked if they could do a model because there is a lot to do with
pressure dependent systems and they do not have that right now. He stated a lot of systems this size use
preset flow control devices and control pumps.
He added he would like to know if staff can look at that to see if it is
financially feasible to do that so they can see how they can save water.
Dennis
Westrick, PEI Division Manager, Environmental Services, addressed the Board to
advise staff is in the process of updating the reclaimed master plan. He stated staff has asked the consultant to revisit
it after they discovered that they have some issues with higher than expected
usage out of the residential areas. The
County has a calibrated dynamic hydraulic model for the reclaim system and they
will revisit that. They have a year’s
worth of actual data and they will check to see if there are possibilities of
putting pressure-reducing devices in the system.
Upon
inquiry by Chairman Dallari, Mr. Westrick advised the model study will probably
be completed in approximately 60 to 90 days.
COUNTY
ATTORNEY’S REPORT
No Report.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:37 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
slm/er