BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 26, 2010
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday,
January 26, 2010, in Room #1028 of 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)
Clerk of Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Missionary
John Pierce, Jr., New Tribes Mission, gave the Invocation.
County
Attorney Robert McMillan led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Harry
Barley, Executive Director, METROPLAN ORLANDO, addressed the Board to recognize
Commissioner Henley for his service on the METROPLAN ORLANDO Board. He introduced Kelly Teague, Director of
Public Affairs and Governmental Relations, who was with him. Mr. Barley presented Commissioner Henley, on
behalf of their Board members and staff, with a photograph of downtown Sanford (that
reminds everyone of how times have changed) in appreciation of his dedication
and service to advance transportation priorities relative to Central Florida. Mr. Barley welcomed Commissioner Carey who
will represent the County on the METROPLAN ORLANDO Board, along with
Commissioner Dallari. He also advised
that Commissioner McLean has been appointed to serve as the new chairman of the
Transportation Disadvantaged Local Coordinating Board. He expressed appreciation for all that
Seminole County brings to their regional transportation partnership with the leadership
and the staff.
Commissioner
Henley expressed thanks to the Board of County Commissioners for the
opportunity to serve on the METROPLAN ORLANDO Board. He said Mr. Barley does a tremendous job and
he knows he will continue to do so.
County Manager’s Consent Agenda
Mr. Forte pulled from the agenda Items #10, Resolution implementing Budget
Amendment Request (BAR) #10-37 through the Self Insurance Funds in the amount
of $22,497,278 to provide funding for Health Insurance; and #19, Mitigation
Reservation and Purchase Agreement (MRPA) for purchase of wetland mitigation
units by Seminole County in conjunction with the Chapman Road Improvement
Project from Schrimsher, Inc., owner of the Lake Jesup Mitigation Area; and
advised of correction in the project Number for Item #17 to read, Capital
Improvement Project Number 00174503. Mr.
Forte also said under the Public Hearings, Item #29, Utility Easement Agreement
and Associated Conceptual Site Plan for FP&L (Florida Power & Light) Electrical
Substation, will be postponed to February 23, 2010, in order to obtain
additional information from FP&L.
Commissioner
McLean questioned why the relatively small project is being split among five firms
for Item #5, Approve the negotiated rates and award PS-4388-09.
Ray
Hooper, Purchasing Manager, addressed the Board to advise one reason is that
under CC&A, the new provision in the Florida Statutes is that under master
agreements, the construction project cannot exceed $2 million. He explained that for a typical design
project, they would never issue a work order in excess of $200,000. He said they will have a magnitude of
projects with work orders under $200,000 for compliance of the State Statute
for the design component where they need multiple consultants engaged to do
that.
Jerry
McCollum, County Engineer, addressed the Board to explain the estimated annual
usage amount of $900,000. He said staff
has learned in the past that when they have five firms, if they are not
satisfied with one of the performances, they don’t have to go to that firm
anymore. Also, in hard economic times,
some firms go under. He said if they
went with a smaller number, he would be concerned about not getting the value
he should be getting from a consultant, as well as if there were financial
problems with any firm on the list.
Commissioner
Henley added that the real reason staff has used five firms is that in the
past, the Board has chastised staff for bringing only three firms before them.
Commissioner
Carey stated she had asked staff for additional information on Item #4,
Amendment #1 to RFP-600083-06, about pricing around other parts of Central
Florida as the rates are vastly different from what the County has. She said it seems there is a better price; so
she is willing to support this item for a short period of time, but she would
like for staff to put this out to the market to see what comes back.
Mr. Hooper
said when staff negotiated this, they did a market survey of all the
surrounding counties and compared the rates.
The rates being brought to the Board are contingent on extending the
contract to January, 2015. If the Board
decides they don’t agree with that amendment, staff needs to pull the item and
renegotiate the contract.
Johnny
Edwards, Solid Waste Manager, addressed the Board to state in the market
survey, they found a variety of pricing; and some of the part-time prices are
lower than what staff negotiated; and some of the prices that are based on per
yard turned out to be substantially higher.
He said this contract was competitively bid in 2006 and what staff
negotiated was a substantial savings to that contract.
Commissioner
Carey suggested continuing this item to the next meeting or 30 days to give
staff the opportunity to talk to some of the people in the surrounding areas
and find out exactly what they are getting and not leave it up to the
contractor to explain it.
Commissioner
Van Der Weide said he thinks they should go back out to the market, because he
thinks they will get a better explanation of where they are as compared to
other people. He said it looks like the
County is getting the wrong end of the bargain.
Upon
inquiry by Commissioner McLean about the relationship with the contractor since
2006, Mr. Edwards said the contractor has had outstanding performance with the
County. Whereupon, Commissioner McLean
said that’s something that needs to be considered in the mix. Discussion ensued on continuing this item,
how much time would be needed to go through the bid process, and how much time
would be needed to go back and talk to some of the other counties.
Mr. Hooper
said he could get more information for the Board by the next Board meeting.
The Board’s
consensus was for staff to come back
with more information on Item #4 at the next BCC meeting.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve and authorize the following:
County Manager’s Office
Business Office
2. Approve
travel and mileage reimbursement to Commissioner Carlton Henley for
miscellaneous travel during October, November and December in the amount of
$136.65.
Purchasing and Contracts
3. Award
RFP-600768-09/TLR, as shown on page _______, Term Contract for Asbestos and
Indoor Air Quality Consultant Services to GLE Associates, Inc., Orlando.
4. Continued to February 23, 2010, the request
to approve Amendment #1 to RFP-600083-06/GMG - Term Contract for Clean and
Vegetative Wood Waste Processing Services for Seminole County with Consolidated
Resource Recovery, Inc., Sarasota.
5. Approve
the negotiated rates and award PS-4388-09/VFT, as shown on page _______, Design
of Minor Projects with Construction Costs less than $1,000,000.00 to HNTB Corporation
of Lake Mary, Florida; Inwood Consulting Engineers, Inc. of Oviedo, Florida;
Pegasus Engineering of Winter Springs, Florida; Professional Engineering
Consultants, Inc. of Orlando, Florida; and Reynolds, Smith and Hills, Inc. of
Orlando, Florida (Estimated Annual Usage Amount of $900,000.00).
Community Services
Community Assistance
6. Approve
and authorize Community Assistance Division staff to submit the proposed
Neighborhood Stabilization Program amendments to the U.S. Department of Housing
and Urban Development (HUD) for approval.
Economic Development
Tourism Development
7. Approve
and authorize the Chairman to execute an Agreement, as shown on page _______,
with Senior Softball - USA for the 2010 Southeastern Regional Championship in
the amount of $15,218.
Environmental Services
Planning, Engineering &
Inspections
8. Approve
and authorize the Chairman to execute Memorandum, as shown on page _______, of
Understanding between Seminole County and the City of Oviedo, regarding unpaid
monetary obligations.
Fiscal Services
Administration
9. Authorize
the Tax Collector's Office to publish the 2009 Delinquent Tax Lists in the Sanford
Herald newspaper at the quoted rates.
Budget
10. Pulled
from the agenda the request to approve and authorize the Chairman to execute a
Resolution implementing Budget Amendment Request (BAR) #10-37 through the Self
Insurance Funds in the amount of $22,497,278 to provide funding for Health
Insurance.
Planning and Development
Development Review
11. Authorize the release of the Maintenance
Agreement and Irrevocable Letter of Credit #2577-1101 in the amount of
$19,979.70 for the C.A. Stone road improvements.
12. Authorize the release of the Centre for
Alternative Medicine Right-of-Way Utilization Permit Maintenance Bond
#OFL0571165 in the amount of $2,762.20 for the Centre for Alternative Medicine
road improvements.
13. Approve and authorize the Chairman to execute
the final plat for Burleson Acres located on the east side of Van Arsdale
Street, north of Florida Ave. in Section 36, Township 20 S, Range 31 E.
14. Approve and authorize the Chairman to execute
the final plat for the Bella Tuscany Subdivision located on the north side of E.E.
Williamson Road, approximately ½ mile east of I-4 in Section 25, Township 20
and Range 29.
15. Accept replacement Maintenance Agreement (Road
Improvements) and Standby Letter of Credit #BB 10046/AR45, as shown on page
_______, in the amount of $180,536.20 and authorize the Chairman to release the
Maintenance Agreement (Road Improvements) and Standby Letter of Credit #31-99115/AR45
in the amount of $180,536.20 for the I-4 Industrial Park Sections 5 & 6
road improvements.
16. Authorize the release of the Monroe Commerce
Center Phase III Cash Maintenance Bond and Maintenance and Escrow Agreement in
the amount of $1,086.80 for the Monroe Commerce Center Phase III road
improvements.
Public Works
Engineering
17. Adopt appropriate Resolution #2010-R-22, as
shown on page _______, accepting a Drainage Easement and Temporary Construction
Easement, as shown on page _______, (Emerson Investments International, Inc.,
to Seminole County) for property necessary to install drainage improvements to
provide erosion control along the Little Wekiva River, Capital Improvement
Project Number 00174503 (as amended).
18. Adopt appropriate Resolution #2010-R-23, as
shown on page _______, and authorize the Chairman to execute a County Deed, as
shown on page _______, conveying property (Parcels 100 and 101.1R) necessary
for the State Road 417 - International Parkway Ramp Project to the Florida
Department of Transportation.
19. Pulled
from the agenda the request to approve and authorize the Chairman to execute a
Mitigation Reservation and Purchase Agreement (MRPA) for purchase of wetland
mitigation units by Seminole County in conjunction with the Chapman Road
Improvement Project from Schrimsher, Inc., owner of the Lake Jesup Mitigation
Area.
Districts
1, 2, 3, 4 and 5 voted AYE.
County Attorney’s Consent Agenda
Motion by Commissioner McLean, seconded
by Commissioner Henley, to approve and authorize the following:
Property Acquisition
20. Brookmore Farms, Inc. has filed a business
damage claim relating to Parcel Number 121 on the Chapman Road project. The owner of Parcel Number 121 is Nutmeg
Farms, Inc. Brookmore Farms, Inc.
operates a business on the site and has claimed $183,845.00 in business damages
exclusive of statutory interest, attorney’s fees, and costs reimbursements. Request authorization to make a counteroffer
based on the report of the County’s business damage expert.
Districts
1, 2, 3, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Motion by
Commissioner McLean, seconded by Commissioner Henley, to approve and authorize
the following:
Clerk’s Office
21. Approval of Expenditure Approval Lists, as
shown on page _______, dated December 21 and 28, 2009, and January 4, 2010; and
approval of Payroll Approval List, as shown on page _______, dated December 24,
2009.
Sheriff’s Office
22. Approval of the appropriate Budget Amendment
Resolution #2010-R-24, as shown on page _______, (BAR #10-40), recognizing
$105,060 in additional FY 2009/10 Florida Division of Emergency Management -
State Homeland Security Grant revenues and correspondingly increasing the
Sheriff’s FY 2009/10 operating budget by an equivalent amount.
23. Approval by the Board of County Commissioners
to expend $1,000.00 from the Law Enforcement Trust Fund to provide for a
contribution to support the 25th Annual National Conference on "Preventing
Crime in the Black Community".
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Board
noted, for information only, the following Clerk’s “received and filed”:
1. Conditional
Utility Agreements, as shown on page _______, for Water and Sewer Service with
Maitland-Bear Lake Plaza Properties, LLC.
2. Development
Order, as shown on page _______, for Lizette V. & Jeffrey McDonald, 101
Havilland Point.
3. Amendment
#1, as shown on page _______, to Work Order #4 for RFP-2574-07.
4. Second
Amendment, as shown on page _______, to Term Contract IFB-3125-05, Philips Healthcare.
5. Amendment
#1, as shown on page _______, to M-600550-09, Insource Software Solutions, Inc.
6. Term
Contract IFB-600736-09, as shown on page _______, HD Supply Waterworks, Ltd.
7. Closeout,
as shown on page _______, of Work Order #29 for CC-1075-06.
8. Change
Order #2, as shown on page _______, to Work Order #9 for CC-2184-07.
9. Closeout,
as shown on page _______, of CC-2098-07.
10. Amendment #3, as shown on page _______, to
Project Agreement 69-4209-9-1722, Howell Creek Water Control Project.
11. Certificates, as shown on page _______, of No
Recall for the Sanford Orlando Kennel Club, LLC, and Penn Sanford, LLC.
12. Change Order #13, as shown on page _______, to
RFP-0613-06.
13. Work Orders #30 and #31, as shown on page
_______, to CC-1284-06.
14. Amendments #1, as shown on page _______, to
Work Orders #74 and #75 for PS-5120-02.
15. Second Amendment, as shown on page _______, to
M-4519-09, R. W. Block Consulting, Inc.
16. Fourth Amendment, as shown on page _______, to
RFP-4258-05, The Grove Counseling Center, Inc.
17. Amendment #1, as shown on page _______, to
Work Order #1 for PS-4572-09.
18. Corrected Developer’s Commitment Agreement, as
shown on page _______, for Cameron Heights PUD, as approved on Oct. 11, 2005.
19. Amendment #5, as shown on page _______, to
Lease/Purchase Agreement for RFP-600244-07, ESQ IT Solutions.
20. Change Order #1, as shown on page _______, to
CC-4399-09.
21. Certificate, as shown on page _______, of No
Recall for Florida Jai-Alai, Inc.
22. Work Order #28, as shown on page _______, for
CC-1284-06.
23. Work Order #58, as shown on page _______, to
PS-1529-06.
24. Work Order #5, as shown on page _______, to
PS-2051-07.
25. Amendment #1, as shown on page _______, to
Work Order #1 for PS-2825-07.
26. Letter to Sandy McCann, Clerk’s Office, from
Attorney Mary Solik regarding Public Records Request.
27. Change Order #9, as shown on page _______, to
CC-2702-07.
28. Change Order #1, as shown on page _______, to
CC-4328-09.
29. Amendment #1, as shown on page _______, to
Work Order #88 for PS-5150-03.
30. Certificates, as shown on page _______, of
Final Completion for Work Orders #11, #12, #13 and #14 to RFP-4277-09, Clarkson
Concepts, Inc.
31. Amendment #1, as shown on page _______, to
Work Order #29 for PS-1529-06.
32. Certificates, as shown on page _______, of
Completion for Work Orders #6, #9 and #12 to RFP-4277-09, Clarkson Concepts,
Inc.
33. Parks Contract, as shown on page _______, for
Services with Amy Raub.
34. Assistant and Associate Tennis Pro Agreement,
as shown on page _______, with Robert Pierce.
35. Change Order #2, as shown on page _______, to
CC-4238-09.
36. Work Order #44, as shown on page _______, to
PS-5174-04.
37. Change Order #7, as shown on page _______, to
CC-1184-06.
38. Closeout for Work Order #32, as shown on page
_______, to CC-1075-06.
39. Recorded BOA Development Orders, as shown on
page _______, as follows: Jorge A.
Oliveira variance; David & Nouridjan Kiswani Life Est. variances; Jerald L.
& Susan Baughman variance; Ann Dennis variance; Thomas & Milagros
Dewitt variance; John F. & Patricia Baumgardner variance; Dwayne J. & Christy
A. Caldwell variance; San Sebastian Estate Homes variance; Tom Rogers building
permit; Adam & Jennifer Landa special exception; MSKP Springs Plaza special
exception; John & Gail Kalepp variance; Jeff Brantley variance; NRRN
Holdings LLC variance; Marwan Sayyed & Sawsan Alhatoo variance; and Betty
J. Williams Heirs & Phyllis E. Taylor et. al. variances.
40. Amendment #1, as shown on page _______, to
Work Order #1 to RFP-4532-09.
41. Amendment #2, as shown on page _______, to
Work Order #5 to PS-1742-07.
42. Amendment #2, as shown on page _______, to
Work Order #32 to PS-1501-06.
43. Work Order #15, as shown on page _______, to
CC-2184-07.
44. Closeout, as shown on page _______, for Work
Order #36 to CC-1075-06.
45. Change Order #3, as shown on page _______, to
CC-4192-09.
46. Amendment #1, as shown on page _______, to
Work Order #93 for PS-5150-03.
47. Work Order #79, as shown on page _______, to
CC-1220-03.
48. Amendment #1, as shown on page _______, to
Work Order #43 for PS-5174-04.
49. Work Order #6, as shown on page _______, to
M-5004-09.
50. Second Amendment, as shown on page _______, to
PS-5174-04, Connect Consulting, Inc.
51. Work Order #43, as shown on page _______, to
CC-1075-06.
52. Change Order #2, as shown on page _______, to
Work Order #38 for CC-1075-06.
53. Development Order, as shown on page _______,
for Michael D. & Carol A. Leavitt, 182 Shadowbay Blvd. S.
54. Bids as follows: RFQ-600790-09, IFB-600769-09, and
RFP-600812-09.
Regular Agenda
Jeff
Hopper, Planner, addressed the Board to present the request for approval of the
Joint Planning Agreement with the City of Sanford for intergovernmental
processes for future land use and miscellaneous land development regulations
that affect both parties. He advised
that this version of the agreement updates information from the City and County
on zoning and future land use classifications; and staff has added references
to SeminoleWay and identified light industry as an acceptable use in areas
targeted by SeminoleWay. Staff has also
deleted the Celery Avenue Corridor Overlay from the agreement that retained the
density requirement that properties east of the western boundary of the
Agricultural Experiment Station be limited to one unit per acre. At this point, staff believes they have
addressed the Board’s major concerns and staff is recommending approval of the
Joint Planning Agreement.
Upon
inquiry by Commissioner McLean, Mr. Hopper pointed out the references to
SeminoleWay in the agreement.
Commissioner
Carey stated this has been a long time coming and she is glad they have been
able to finally come to a conclusion.
She said having this agreement will not only help on the east side of
the County, but also on the west side with I-4 being the dividing line.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve the Joint Planning Agreement with the
City of Sanford, and authorize the Chairman to execute the document, as shown
on page _______.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Fred Coulter, Fiscal Services,
addressed the Board to present request to approve and authorize the Chairman to
execute the Capital Improvement Project Budget Proposal Resolution for Fiscal
Years 2009/10 through and including 2013/14. He stated this is the annual presentation of
the Capital Improvement Program. He gave
a PowerPoint (copy received and filed) presentation covering the following
topics: Resolution (enacted); Five Year
CIP: by Year (totaling $364 million for
five years); Five Year CIP: by Element;
CIP Use by Element; Five Year CIP: by
Department; Additional Reports (on proposed projects and unfunded projects); and
Project Detail Information, Project Status.
Chairman Dallari asked how long
does it take customarily to close out a project. Mr. Coulter stated he could not answer that
because staff has not been measuring that in the past. He said it varies by the nature of the
contract.
Mr. Hooper stated the contract
closeout is a long, administrative process where staff requests all the release
of liens and the final closeout before they release the retainage. A typical time period can be as little as two
to three months or as long as six to nine months after final completion of the
construction project.
Commissioner Carey said staff needs
to close out the projects as soon as they can because carrying them forward is
not doing any good for anybody, and it gives the Board a false indication of
what’s going on.
Mr. Coulter continued with the
presentation on the Project Detail Information, Project Funding; and Five Year
CIP Book (available for download for the general public).
Commissioner Carey asked to review
the entire list of projects (page 59 of the CIP Book).
Commissioner Henley reviewed the
unfunded projects.
Mr. Coulter advised that most of
the proposed projects do not have funding.
He explained even if the CIP is approved, the projects are subject to
change as the Board adopts the budget.
He reviewed the funded projects that are in the program for next year.
Motion by
Commissioner Carey, seconded by Commissioner Van Der Weide, to approve and
authorize the Chairman to execute the Capital Improvement Project Budget
Proposal Resolution #2010-R-25, as shown on page _______, for Fiscal Years
2009/10 through and including 2013/14.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Kathy Moore, MSBU, addressed the
Board to request responses to the Apple Valley Application for Exception Review
to revise the language in the Administrative Code Section 22.10 to exclude from
the fence to wall restriction certain subdivisions (such as Apple Valley) that
were developed prior to current Land Development Code standards; and to waive
the fence to wall restrictions for the project proposed by Apple Valley. She said based on the current Land Development
Code, Apple Valley would not be required to replace their fence with a wall
structure, as a fence is considered sufficient.
If a subdivision were to be developed today, a fence structure would be
sufficient to meet the Land Development Code.
The current Administrative Code criteria for wall projects are
consistent with the Florida Statutes that address non-ad valorem assessment
funding. The criteria places emphasis on
public purpose and essential improvements, such as those required by the Land
Development Code or order. Based on
these factors, the MSBU staff recommends the Board maintains the current
language in the Administrative Code and, therefore, continues to give
consideration for projects that fail to meet the criteria on a case-by-case
basis. Staff also recommends denial of
the exception request based on the merits for including the language in the
Administrative Code and for consideration that the fence is sufficient to meet
the current Land Development Code.
Commissioner
Van Der Weide stated this is probably the strangest request he has had on the
Board when it comes to a MSBU. He said
this is just a request to allow the Apple Valley residents apply for a variance
of the Board policies. He asked if staff
knows that the residents are willing to pay for this.
Ms. Moore
said at this point, staff does not know what the true support would be in the
community for establishing a MSBU. She
said that petition process would come after an application is accepted. At this time, the MSBU Program is not able to
accept an application because the proposed project does not meet the criteria of
the Administrative Code.
Mr.
McMillan explained the Board is being asked today to grant Apple Valley
residents the authority to go ahead and go through the process, because under
the policy now, the program does not allow someone to petition for this kind of
improvement. Then the process would
start just like it was an approved project.
Commissioner
Carey said she thinks they are opening a whole can of worms; and they had a
lengthy discussion about it when the Board added walls in the MSBU
Program. She said she counted some of
the subdivisions that could qualify if they start this procedure, and the
County does not have enough money to front-end the subdivisions that could ask
for this. She said she is reluctant to
support it. If they allow it for one,
how will they deny it for other subdivisions.
Commissioner
Henley said, at the same time, it is very difficult to tell citizens they can’t
improve their property because they built at a certain date. They have encouraged developers to go away
from wire and wooden fences to something more substantial. He said the issue that concerns him more is
whether the community can fund it, and they don’t know at this point what they
are talking about dollar-wise. He said
if the citizens can give the Board enforceable assurance that they will provide
the funds, then he thinks they need to give this consideration. He said maybe its time for the Board to
rethink the rule that does not allow the walls to be replaced.
Commissioner
McLean said he agrees with the statement by Commissioner Henley that if it can
be shown that the residents are able to finance the wall, and the County has
definitive paperwork that commits them to that, this should be considered.
Commissioner
Carey stated she is not interested in amending the Administrative Code as that
just opens the door.
Chairman
Dallari stated he thinks a waiver is adequate at this point.
District
Commissioner Van Der Weide stated he is only addressing the waiver to petition.
Commissioner
Henley asked the County Attorney’s Office to think of what mechanism they could
come up with that the residents would have to commit to that would be enforceable.
Mr.
McMillan said there is no question about enforceability, because what the Board
intends to do is create a MSBU and the assessments will become part of the
non-ad valorem assessment roll, and the residents will be assessed and pay
it.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to grant the requested waiver of the fence to
wall restrictions for the project proposed by Apple Valley.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Board considered the request to
reduce the Code Enforcement Board lien which totals $55,000.00 to the
administrative costs of $1,351.90 for Case #08-75-CEB on the property located
at 3131 South Windchime Circle, Apopka, and require this reduced amount to be
paid within 90 days or the lien will revert to its original amount of $55,000;
George A. and Lisa J. Norbert.
District Commissioner Van Der Weide
stated this is a sad case, and he recommended the entire lien amount, including
administrative costs, be waived.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Carey, to waive the Code Enforcement
Board lien which totals $55,000.00 for Case #08-75-CEB on the property located
at 3131 South Windchime Circle, Apopka, and to authorize the Chairman to
execute the Satisfaction of Lien, as shown on page _______; George A. and Lisa
J. Norberg.
Districts 1, 2, 3, 4 and 5 voted
AYE.
County
Manager’s Briefing
The Board
noted the Budget Amendment Status Report FY 2009/10 for the period ending
December 31, 2009.
Chairman
Dallari stated at the January 19 Work Session, the Board talked about providing
funds for the financial consultant and that was supposed to be brought back to
the Board. He is now seeing that expense
on this status report.
Lisa
Spriggs, Fiscal Services Director, addressed the Board to advise the transfer
indicated in the BCC agenda packet in November is not the same consultant spoke
of at the January 19 Work Session meeting.
She said this relates to Public Works and a vacant position they had in
the Business Office. She advised that
position is now filled.
Mr. Forte
explained that this is the Public Works Business Office Manager position. There had been two vacant positions, one was
eliminated and one was filled. He
advised Commissioner Henley that neither one is a new position.
Chairman
Dallari said his position is that if a new position is being created, he would
like to know about it.
Gary
Johnson, Public Works Director, addressed the Board to state the position
eliminated was a Division Manager.
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Mr.
Johnson gave a brief update on the Wekiva Parkway Agreement. Commissioner Carey said she thinks the Board
is waiting to see the strike/add version of this agreement. Mr. Johnson said that version will be
prepared by the end of the week.
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Mr. Forte
gave an update on Work Order #20 (CHM2 Hill Contract), stating staff is still
working with the consultant on this work order and they should have a positive
response for the Board at the next meeting.
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Mr. Forte
stated the bond presentation is next week in New York for the bond ratings and
he presented a request for the Program Manager to attend that bond
presentation. He said staff did not have
a vehicle for him to attend the meeting.
They have received a work order for him to do that in the amount of
$8,020.90 for the Program Manager to go to New York.
Upon
inquiry by Commissioner Henley, Mr. Forte said this is for two days and the Work
Order amount includes 16 hours of preparation time and 16 hours of presentation
time for the Program Manager.
Commissioner
Carey said she thinks it is important that the Program Manager attend.
Mr. Forte advised that this is a
not-to-exceed limitation of funds, and has been negotiated with the Purchasing
and Contracts Manager. He further
advised Commissioner Henley that the $8,000 includes airfare, mileage transportation
services, lodging and meals.
Mr. Hooper
said the expenses are in accordance with the contract language, and he reviewed
that.
Mr. Forte advised those proposed to
go to New York are: the Chairman, Vice
Chairman, Director of Environmental Services, Business Office Manager, Director
of Fiscal Services, and the Program Manager.
Motion by Commissioner Carey to approve
the Work Order request by the Program Manager (CH2M Hill) to travel to New York
for the bond presentation in the amount of $8,020.90.
Chairman Dallari called for a second
to the motion three times, without response, whereupon the motion died for the lack of same.
Clerk,
Maryanne Morse, stated this is a bond rating and is entirely different from
negotiating for a bond issue. She said
what Moody and S&P (Standard & Poor) are basically looking for is the financial
stability of the County and not necessarily how they are going to utilize the
money. At the bond rating, they care
about whether or not the County has the financial wherewithal to pay those
bonds back and to pay the bondholders the interest that’s due.
Commissioner
Carey said the way the County is going to pay that back is by putting this
program in place and generating the rates.
What she understands from the financial consultants and staff who have
done this before is that this Capital Improvement Program is an important part
of the discussion they are having. If
they don’t need to do the program, they don’t need to get the money and don’t
need to have the rating. To her, it’s
more important to have the person that really understands the program talking
to the people who will rank the County.
She said the companies have asked for all this information in advance,
so it’s not that they’re not interested in it.
Ms. Morse
said this could also be done via the telephone.
The individual does not have to physically spend the money to go to New
York to do it. She said she is not
saying the Commission should not go.
Chairman
Dallari said he understands from his preparation time that there would be a
substantial amount of questions from the rating agencies to anyone at the
meeting; and once that meeting is over, they will make the decision. They want to understand the financial
stability of the County, as well as the program and why the money is actually
needed; and how the money is going to be spent.
He thinks that’s the reason why staff felt someone from CH2M Hill
program management group should attend who has in-depth knowledge of the actual
program.
Commissioner
Henley said when he represented the County in a bond rating, they did not take
a program manager and didn’t have one in place.
All the questions that came to them could have been answered by Bob
Briggs. That’s his reason for asking who
is going to the bond rating. He also
said the whole issue the agencies are concerned about is whether the County can
pay for the bonds and interest and not necessarily how they are spending the
money.
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Mr. Forte
distributed copies (received and filed) of the Resolution and amendment to the
Administrative Code reflecting changes in the County’s organizational chart
presented to the Board about three weeks ago.
He asked for Board action.
Upon
inquiry by Commissioner Carey, Mr. Forte advised that Tourism will be under
Leisure Services. Commissioner Carey
pointed out that there are a couple of departments you would not know where
they lie from just reading the information.
Whereupon, Chairman Dallari asked Mr. McMillan to be more specific with
the wording and identify the Building Division in the Code.
Upon further inquiry, Mr. McMillan
advised Commissioner Carey of clean-up areas in the language made in the
Code. He explained that it’s in the
Charter that the County Manager reports on the State of the County, and this
annual report to the Board has traditionally been considered his budget
message. What the Chairman does is
something different. Mr. McMillan also
explained that Mr. Forte does not want it automatic that the Assistant County
Manager acts as the County Manager and that’s why Item (5) on page 2.5–3 is
stricken from the Code.
Mr.
McMillan advised of one other change made on page 1.5-2 under Community
Services to strike “adult pre-trial diversion” as that function has shifted
with Probation to the Public Safety Department.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt appropriate Resolution #2010-R-26, as shown on
page _______, amending the Seminole County Administrative Code, Sections 1.5,
2.5 and 2.10, and as further amended today to include the names Tourism under
Leisure Services, Building to the Growth Management section, and striking
“adult pre-trail diversion” from the Community Services section.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr. Forte
advised he will be taking two days of PTO on February 4 and 5, 2010, to go out
of state. He has asked Tad Stone to
serve as Acting County Manager in his absence.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Carey stated she attended the Wekiva River Basin Commission meeting yesterday
and part of the discussion was an update from the DOT, who is doing a study on
the Wekiva Parkway Trail feasibility.
One of the things they are looking at now is where the County trail runs
along Markham Road and stops at the sharp turn, and then goes all the way down
to the Wekiva. She explained that she
and the Lake County Commissioner want DOT to look at putting a pedestrian
crossing across the river like the County has across the Econ. She showed pictures (copies received and
filed) of the bridge that crosses the Econ as part of the trail system. She said there is a meeting today of the
Trail Committee and Brian Nipe, the County’s representative, is under the impression
that the BCC would not consider looking at this and has been going along with
the idea that the Committee will try to cram the trail into the driveways along
the roadway on Markham Road and then run it along the Expressway. Commissioner Carey stated Noranne Downs, DOT,
said she would be happy to look at this if the BCC is interested in looking at
it.
Commissioner
Henley asked what the position is of the St. Johns River Water Management
District. He said he understood that the
District bought up all that land on the other side of the river. Commissioner Carey said Mr. Kirby Green was
at the meeting and he was not opposed to having DOT look at this as part of the
study. She stated DOT is funding the
study, and this is just an alternative they want them to look at so they can
have the facts and figures to make an informed decision.
Chairman
Dallari said he is not opposed to looking at it, but he is concerned about the
actual cost and the feasibility.
Commissioner
Carey clarified that, if there are no objections, she is just asking DOT to
look at this as part of the study to know what the cost or impact would be, and
if everybody is happy with it. The Board
voiced no objections.
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Commissioner
Henley showed a copy of a manual (copy not received and filed) and said he
thought all the Commissioners had received one.
He asked them to read it, which gives an expose on the United Nations
Agenda 21. He said it’s quite
frightening, and he wants the Board to be aware of this agenda.
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Chairman
Dallari recessed the meeting at 10:54 a.m., reconvening at 1:33 p.m., this same
date with all Commissioners and all other Officials, with the exception of
Clerk of Circuit Court Maryanne Morse (absent), and Deputy Clerk Carylon Cohen
who was replaced by Deputy Clerk Sandy McCann, 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, 4 and 5 voted AYE.
PUBLIC
HEARINGS
UTILITY EASEMENT FOR FPL
SUBSTATION
Proof of
publication, as shown on page _______, calling for a public hearing to consider
granting a Utility Easement Agreement and associated Conceptual Site Plan for a
Florida Power and Light electrical substation to be located at the Yankee Lake
Water Treatment Facility, on approximately 5.02 acres, Seminole County &
Florida Power & Light, received and filed.
ACM Joe
Forte advised this item needs to be rescheduled for the second meeting in
February.
Motion by Commissioner Carey, seconded
by Commissioner McLean to continue until February 23, 2010, consideration of a
Utility Easement Agreement and associated Conceptual Site Plan for a Florida
Power and Light electrical substation to be located at the Yankee Lake Water
Treatment Facility, on approximately 5.02 acres, as described in the proof of
publication, Seminole County & Florida Power & Light.
No one spoke
in support or opposition to the continuance.
Districts
1, 2, 3, 4 and 5 voted AYE.
LOMA VISTA PUD MAJOR
AMENDMENT,
MARK CLAYTON
Proof of
publication, as shown on page _______, calling for a public hearing consider a
PUD Major Amendment to the Loma Vista PUD and Addendum #1 to the Loma Vista PUD
Developer’s Commitment Agreement, for property containing 56.86 acres, located
west of the intersection of SR 426 and Via Loma Drive, Mark Clayton, received
and filed.
Planner,
Ian Sikonia, addressed the Board to present the request, advising the PUD was
originally approved in 1999 as a multi-use commercial, industrial and
multi-family development. A majority of
the tracts have been developed with the exception of Tract D due to the
location of a wetland area. He stated
the applicant is proposing an additional access point for Tract D. The current access road located on Via Loma
Drive is not suitable to access Tract D-1.
There is an existing wetland located within Tract D-1 which does not
make it feasible to allow access to the lot.
The developer received a letter from the adjoining property owner in
agreement to the cross access with his parcel.
He further stated that the proposed cross access point would allow for
the construction of a building with more suitable access than what was
originally approved for the tract. Staff
feels that the proposed access will decrease the footprint of the development
and not cause a hardship to the adjoining property owner or surrounding
neighborhood. He added the P&Z
Commission unanimously recommended approval and the staff also recommends
approval.
The
applicant indicated that he did not wish to speak.
No one
spoke in support or in opposition.
District
Commissioner Dallari recommended approval.
Motion by Commissioner Carey, seconded
by Commissioner Henley to approve the PUD Major Amendment to the Loma Vista PUD
and Addendum #1, as shown on page _______, to the Loma Vista PUD Developer’s
Commitment Agreement, for property containing 56.86 acres, located west of the
intersection of SR 426 and Via Loma Drive, as described in the proof of
publication; and authorize the Chairman to execute the aforementioned
documents, based on staff findings, Mark Clayton.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Assistant
County Manager, Sabrina O’Bryan, addressed the Board to give an update on
legislative issues, stating on January 12, 2010, there was Board discussion
with regard to Federal legislative priorities for funding requests. Since that time, staff has provided
additional information to the Commissioners’ offices with regard to the conversion
of the analog to digital project, showing the funding source for this would be
the Department of Justice (COPS account).
She stated that the overall project cost is $35 million.
The Board
voiced no objections to directing
the Federal Lobbyist to make the funding request for same. Ms. O’Bryan advised the letter presented at
the January 12th meeting will be amended to include this
request.
Commissioner
Carey requested a copy of the letter after it is signed by the Chairman.
Ms.
O’Bryan stated that all the priorities presented to the Board on January 12th
are still applicable, with the exception of the Airport item. She distributed an information sheet (copy
received & filed) on the top Federal legislative issues that need to be
monitored.
Commissioner
Carey advised of a discussion that occurred yesterday at the Wekiva River Basin
Commission meeting with regard to water quality and EPA mandates. She said they may need the Federal Lobbyist
to educate EPA on issues specific to the State of Florida. Ms. O’Bryan stated she will obtain the
information from Commissioner Carey’s office and proceed with same.
CHAIRMAN’S
REPORT
Chairman
Dallari distributed a draft of a letter (not received & filed) to be sent
to Senator Nelson and Representative Suzanne Kosmas in support of RINI Technologies. He said this company does a lot of government
contracts and is a company that came out of the UCF Incubator.
The Board
voiced no objections to the Chairman
sending the letter.
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The
Chairman reminded the Board of their Work Session with the School Board
scheduled today at 3:00 p.m. following the afternoon BCC meeting.
DISTRICT
COMMISSIONERS’ REPORTS, Cont.
Commissioner
Dallari requested adoption of a resolution of appreciation for Bill Fahey.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2010-R-27, as
shown on page _______, commending Bill Fahey for his service on the Code
Enforcement Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari expressed appreciation to County Engineer, Jerry McCollum, and his
staff for attending the CR 419 Preliminary Engineering Study meeting held on
January 14, 2010.
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Upon
inquiry by Commissioner Dallari, ACM Joe Forte advised staff will be making an
impact fee presentation to the Board at the February 9 Work Session.
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Commissioner
McLean briefly updated the Board on the meeting he attended of the Florida For
Smart Growth group.
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Commissioner
McLean commented that the recent Scottish Highland Games was very well
attended.
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Commissioner
McLean stated he attended some of the events held on Dr. Martin Luther King
Day.
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Commissioner
McLean advised this month will be the first that he will be representing the
East Central Florida Regional Planning Council and said they will be removing
all reference to Amendment 4 (Hometown Democracy).
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Commissioner
McLean said he attended the grand opening of the Westin Hotel in Lake
Mary. He said he and Commissioner Henley
also attended the Water Subcommittee meeting held by the Congress of Regional
Leaders.
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Commissioner
McLean briefly updated the Board on the State of County attendance by cities
and elected officials. He also updated
the Board on the Senator Constantine Roast to be held this Thursday at the
Altamonte Hilton.
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Commissioner
McLean advised he will be going on a humanitarian trip to Haiti on February 19th
in order to take supplies and help in reconstruction efforts. He suggested that he could take a resolution
of support.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to reappoint Jay Ammon to the Code Enforcement
Board for a term of 3 years, ending January 1, 2013.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Henley reported on the Congress of Regional Leaders discussion held yesterday
with regard to water. He said the
meeting was well-attended and it was reiterated that their goal was to create a
regional water strategy. The second goal
was to use no money in litigating over water.
He further said that he did not agree to the second goal because
sometimes litigation is necessary in order to protect the citizens of Seminole
County. He reviewed the timeline
presented (copy of information was received & filed) and stated this is
something that is going to have to be taken seriously. He added that they acknowledged Seminole
County is several years ahead of everyone else; and he believes this is
something that needs to be watched with regard to the money, because Seminole
County citizens have already invested a lot of money in the Yankee Lake
facility.
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Commissioner
Carey advised she was a guest on the Roger Franklin Williams Radio Show on
January 13, which was hosted by Commissioner Fred Brummer. She said she spoke on the septic tank issue.
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Commissioner
Carey distributed a copy of Resolution #01-2010 (copy received & filed) for
consideration by the East Central Florida Regional Planning Council, which
opposes Amendment 4. She said she also
received a copy of the East Central Florida 2060 Plan and she has given the CD
of same to Planning Manager, Alison Stettner, for her and her staff to
review.
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Commissioner
Carey advised she attended the grand opening celebration of the new Westin
Hotel in Lake Mary. She said they will
be supporting the Boys & Girls Club and, in fact, presented a check to them
on that day.
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Commissioner
Carey said she will brief Assistant County Manager, Sabrina O’Bryan on the
Wekiva River Basin Commission Meeting she attended yesterday.
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Commissioner
Carey advised that there will be a prayer vigil for the victims and families of
those affected by the tragedy in Haiti at Crane’s Roost at 6:00 p.m. tomorrow
evening.
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Commissioner
Carey stated on January 29, she will be representing the Chairman and giving
opening comments at the Vision IV Conference to be held at the Central Florida
Zoo. She added that Envision Seminole
will be setting community priorities at this conference.
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Commissioner
Henley said that it appears the County is receiving a lot of research requests
from the media. He said this is
time-consuming and questioned when the last time the Board made any changes to
the fee structure for same.
ACM Forte
advised the County does not charge the media.
He said recently staff instructed a reporter on how to do his own research
and it seemed to work better.
Commissioner
Van Der Weide agreed with Commissioner Henley that staff’s time needs to be
monitored.
Mr. Forte
advised he will work with the County Attorney to see what the County is legally
obligated to charge.
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Motion by Commissioner McLean, seconded
by Commissioner Carey to reappoint Deana Schott to the Contractor Examiner
Board for a one-year term, ending January 1, 2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
(w/attachment) dated December 17, 2009, to Jane Peterson, Seminole County
Library Services, from Chip Weston, United Arts of Central Florida, re:
Seminole County and United Arts of Central Florida Quarterly Report: October 1
– December 31, 2009.
2.
Letter
(w/attachment) dated January 8, 2010, from Sean Snaith, University of Central
Florida, to Chairman Dallari re: December 2009 Florida and Metro Forecast
published by the University of Central Florida’s Institute for Economic
Competitiveness.
3.
Copies
of letters dated January 12, 2010 to various organizations re: Liaison
Appointments made by the Board of County Commissioners at their January 12,
2010 meeting.
4.
Letter
dated January 13, 2010, from D. Ray Eubanks, Department of Community Affairs,
to Chairman Dallari re: notification of receipt of copy of the County’s Small
Scale Development Plan Amendment adopted by Ordinance No. 2009-34. (cc: BCC, County Manager, Planning and
Development)
5.
Letter
dated January 13, 2010, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: Notice of Application for State-Issued Certificate to
Provide Cable Television Services.
6.
Letter
dated January 15, 2010 from David Johnson, Seminole County Property Appraiser,
to Chairman Dallari re: 10% decline in taxable value for the 2010 Seminole
County/Municipal Fire District.
7.
Letter
dated January 15, 2010 from David Johnson, Seminole County Property Appraiser,
to Chairman Dallari re: 10% decline in taxable value for the 2010 Seminole
County Board of County Commissioners.
8.
Letter
dated January 15, 2010 from David Johnson, Seminole County Property Appraiser,
to Chairman Dallari re: 10% decline in taxable value for the 2010 Seminole
County Unincorporated Road Improvement District.
9.
Letter
dated January 15, 2010 from David Johnson, Seminole County Property Appraiser,
to Chairman Dallari re: 10% decline in taxable value for the 2010 Seminole
County Unincorporated Stormwater Management District.
10.
Copy of letter
dated January 18, 2010, from Aaron Borgner, Progress Energy, to Joe Forte,
Acting County Manager, re: Pruning and removal of trees in right-of-way.
11.
Letter
(w/attachment) dated January 12, 2010, from Michael Towers, Habitat for
Humanity, to Chairman Dallari re: reduction of impact fees. (cc: County Manager, Planning and Development)
12.
Copy of letter
dated January 20, 2010, from Tonya Guadalupe and Richard Lee, St. Johns River
Water Management District, to Mr. James Smith, PBS&J, re: Jetta Point Park
Application No. 40-117-119848-1. (cc: BCC, County Manager)
13.
Copy of letter
dated January 20, 2010, from Rod Pakzadian, St. Johns River Water Management
District, to Mr. Scott Seck, Horizon Engineering Group, re: Engineering
As-Built Certification, Seminole County Fire Station No. 27. (cc: BCC, County
Manager, Public Safety)
14.
Notice
(w/attachment) dated January 22, 1010, from City of Casselberry re: Owner Notification
and Verification Request for Future Land Use Map Amendment. (cc: BCC, County Manager, Planning and
Development)
15.
Notice
dated January 22, 2010, from St. Johns River Water Management District re:
Public Hearing to be held on Tuesday, February 9, 2010, re: Approval of the
District’s Florida Forever Work Plan Annual Update as part of the District’s
Consolidated Plan. (cc: BCC, County Manager, Planning and Development)
ITEMS FOR
FUTURE AGENDA/PUBLIC COMMENT
John
Casselberry addressed the Board to state that with everyone concerned about
property values, it occurred to him that there is no local government authority
for mortgage companies to collect taxes in escrow. He believes this is a forced saving plan and
what would happen if the mortgage company disappeared before paying the
taxes. He stated that the Clerk’s Office
is seeing 50 foreclosures a day coming in and he feels the mortgage companies
may be using the escrow to initiate foreclosure proceedings. He suggested the Board adopt an ordinance
dealing with this problem.
County
Attorney Robert McMillan advised the mortgage companies are not collecting
taxes; the County’s Tax Collector is collecting taxes. He further advised the escrow payment is a
contractual arrangement between the mortgage company and the mortgagee and the
County is not involved with it. He
stated County taxes are the first liened in any foreclosure action as they are
paid prior to the mortgage company getting paid.
Commissioner
Carey explained that the Federal government mandated the collection of taxes
and insurance in the 1970’s and local government has nothing to do with
it. She added that there are many
restrictions on what can and cannot be done with the escrow account.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:21 p.m., this same date.
ATTEST:_____________________Clerk____________________Chairman
cc/slm