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

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