BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 27, 2009
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, October 27, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Bob Dallari (District 1)
Vice Chairman Mike McLean (District 2)
Commissioner Dick Van Der Weide (District 3) (late)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Bishop Hezekiah Ross, West Sanford Free Will Holiness Church, gave the Invocation.
County Attorney Robert McMillan led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-201, as shown on page _______, supporting the Legislature securing Affordable Housing Trust Fund dollars in their Fiscal Year 2010-2011 Budget.
Districts 1, 2, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded
by Commissioner Carey, to adopt appropriate Resolution #2009-R-202, as shown on
page _______, proclaiming the week of October 25 through November 1, 2009 as, “The Week of the Family in Seminole County”.
Districts 1, 2, 4 and 5 voted AYE.
The Resolution was presented to Brent Holiday, Church of the Latter Day Saints, who addressed the Board to express his appreciation. He presented a book entitled, “Standing For Something” to each of the Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
COUNTY ATTORNEY’S CONSENT AGENDA
Acting County Manager, Joe Forte, advised staff is pulling Item #21, Budget Amendment Resolution for funding of SR 46 Gateway Sidewalk Project, and will bring it back at a later date.
Motion by Commissioner Carey, seconded by Commissioner Henley to approve and authorize the following:
Purchasing and Contracts
2. Award CC-4813-09/RTB Agreement, as shown on page ________, Seminole County Health Department Renovations - Phase II, in the amount of $505,000.00 to T&G Constructors of Orlando, Florida.
3. Approve Change Order #4, as shown on page _______, to CC-3519-08/JVP - Midway Regional Stormwater Facility with Johnson Brothers of Orlando, Florida, in the amount of $174,851.96 and add an additional thirty-three (33) calendar days to Final Completion.
4. Approve Assignment, as shown on page _______, of IFB-3114-05/LJS - Term Contract of Medical Waste Disposal Services for Public Safety Department, from Bio-Tech Medical Waste Transfer, Inc. to Stericycle, Inc.
5. Approve Termination, as shown on page _______, for Convenience of two (2) Contractors under CC-2183-07/VFT – SHIP Affordable Housing New Construction/Reconstruction (Mailand Holdings, LLP d/b/a Maze Homes of Melbourne, Florida and Vision IV Construction, Inc. of Orlando, Florida), and authorize staff to issue final notice of termination.
6. Approve Termination, as shown on page _______, for Convenience of two (2) Contractors under CC-2184-07/VFT – SHIP Affordable Housing Repair (Posey Builders Construction, Inc. of Lake Monroe, Florida and Vision IV Construction, Inc. of Orlando, Florida), and authorize staff to issue final notice of termination.
7. Waive the Procurement Process and Award Single Source Procurement for Library Network access; and authorize staff to execute the Institutional Membership Agreement and issue a Purchase Order to Lyrasis, Atlanta, GA., the Southeast United States Regional Independent Network Provider, in the amount of $36,000.00.
8. Approve and authorize the Chairman to execute a Contract, as shown on page _______, for Sale and Purchase of Land and a County Deed, as shown on page _______, conveying surplus property acquired in conjunction with the County Road 46A, Phase III project (H.E. Thomas Parkway), a 750 square foot portion of Parcel #03-20-30-503-0000-0380, to Charles & Sherett Salter.
Administration – Community Services
9. Approve and authorize the Chairman to execute the Agreement, as shown on page _______, between Seminole County and Kids House of Seminole, Inc. for the Child Protection Team to provide medical examinations.
10. Authorization of the County Attorney's office to initiate a foreclosure action on residential property located at 2411 Hartwell Avenue, Sanford, Florida 32771-4168, Tameko L. Mackeryroy.
11. Approve and authorize the Chairman to execute the CDBG-R Subrecipient Agreement, as shown on page _______, between Seminole County and the Housing Authority of the City of Sanford for infrastructure improvements at both its Redding Gardens and Castle Brewer Court public housing complexes.
12. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Florida Half Century Amateur Softball Association, Inc. for the Slow Pitch Softball Tournaments for Seniors in the amount of $12,364.00.
13. Approve the Release of the original Water and Sewer Maintenance Agreement with Letter of Credit in the amount of $1,045.25 for the project known as Fairwinds Credit Union SR 46.
14. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with the U.S. Department of Housing and Urban Development in acceptance of $568,920.00 through their Shelter Plus Care Grant Program.
15. Approve and authorize the Chairman to execute the Notice of Award, as shown on page _______, in acceptance of terms and conditions for the Adult Treatment Drug Court Grant awarded in the amount of $900,000.00 by the Substance Abuse and Mental Health Services Administration.
16. Approve partnering with Homeless Services Network for their submission of an application to the U.S. Department of Housing and Urban Development requesting grant funds through the Supportive Housing Program, and authorize the County Manager to execute any supportive documents as may be required in support of their application.
17. Approve and authorize the Chairman to execute the appropriate Resolution #2009-R-203, as shown on page _______, authorizing the ratification of the anticipated issuance by Orange County Housing Finance Authority of the Multifamily Housing Revenue Bonds in an amount not to exceed $16,000,000.00, SC Boca Vista LLC.
18. Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2009-R-204, as shown on page _______, implementing Budget Amendment Request (BAR) #09-104 (FY 2008/09) through various funds in the amount of $167,744,691.00 in order to remove from the FY 2008/09 Budget the project funds carried forward into the FY 2009/10 budget.
19. Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2009-R-205, as shown on page _______, implementing Budget Amendment Request (BAR) #10-04 through the Community Service Grants Fund in the amount of $568,920.00 to increase funding for the Community Services Grant program.
20. Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2009-R-206, as shown on page _______, implementing Budget Amendment Request (BAR) #10-09 through the 2001 Infrastructure Sales Tax and the Public Works Grant Funds in the amount of $200,000.00 to recognize the cancellation of the Fernwood Boulevard (U.S. 17/92 to Oxford Road) Safety Improvements project.
21. WITHDRAWAL from the Agenda request to approve and authorize the Chairman to execute a Resolution implementing Budget Amendment Request (BAR) #10-10 through the Public Works Grants and the 2001 Infrastructure Sales Tax Funds in the amount of $272,239.00 in order to increase the funding for the State Road 46 Gateway Sidewalk project.
22. Approve and authorize the Chairman to execute appropriate Budget Amendment Resolution #2009-R-207, as shown on page _______, implementing Budget Amendment Request (BAR) #10-12 through the Adult Drug Court Grant Fund in the amount of $299,867.00 to increase funding for the Adult Treatment Drug Court Grant.
23. Approve and authorize the Chairman to execute Budget Change Request (BCR) #10-01 through the Stormwater Fund in the amount of $1,350,000.00 to establish and provide funding for projects in the Stormwater Fund for FY 2009/10.
24. Approve and authorize the Chairman to execute the Premium Lighting Agreement, as shown on page _______, between Seminole County and Florida Power & Light for the continued operation of the street lighting equipment to be funded by the Markham Forest Street Lighting Municipal Services Benefit Unit.
Parks and Recreation
25. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-208, as shown on page _______, establishing Section 28.25, Scholarship Seminole Program of the Seminole County Administrative Code.
26. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-209, as shown on page ________, establishing Section 28.30, Sponsorship Program of the Seminole County Administrative Code.
Planning and Development
27. Approve and authorize the Chairman to execute the final plat for Rockefeller Group Corporate Center, containing 20 commercial lots on a 28.3 acre parcel zoned PUD (Planned Unit Development), located on the northeast corner of International Parkway and Wilson Road, in Section 29, Township 19 S, and Range 30 E (RG Lake Mary LLC).
28. Approve and authorize the Chairman to execute the final plat for Shoppes at Aloma Walk, containing 4 commercial lots on a 13.9 acre parcel zoned PUD (Planned Unit Development), located on the northeast corner of Aloma Avenue and Clayton Crossing Way, in Section 31, Township 21S, Range 31E - Aloma Walk Commercial Venture, LLC, applicant.
29. Approve the Satisfaction of Lien, as shown on page ________, in the amount of $16,150.00, Case No. 08-05-CEB, for 108 Palm Springs Drive, Longwood, Tax Parcel #01-21-29-501-0B00-0020, previously owned by Anthony Anderson and currently owned by Deutsche Bank National Trust Company, and authorize the Chairman to execute a Satisfaction of Lien.
30. Adopt appropriate Resolution #2009-R-210, as shown on page _______, and authorize the Chairman to execute a separate Subordination of County Utility Interests Agreement, as shown on page _______, with the Florida Department of Transportation for each of the three parcels (FDOT ~ Parcel Numbers 108.3R, 118.2R and 129.4R) identified and determined necessary to construct or improve State Road 434.
31. Approve and authorize the Chairman to execute the St. Johns River Water Management District (SJRWMD) - ERP General Consent Order Number 948983, as shown on page _______, negotiated in conjunction with SJRWMD Permit Number 4-117-97866-2 for the Sweetwater Creek Cove Tributary Surface Water Restoration Phase IIB Dredging Project.
32. Adopt appropriate Resolution #2009-R-211, as shown on page _______, authorizing the Chairman to execute Supplemental No. 1 to the Local Agency Program Agreement, as shown on page _______, with the State of Florida Department of Transportation for Resurfacing County Road 46A (West 25th Street) from East of Old Lake Mary Road to U.S. Highway 17/92 (FDOT - FPN: 426331-1-58-01)
33. Adopt appropriate Resolution #2009-R-212, as shown on page _______, authorizing the Chairman to execute Supplemental No. 1 to the Local Agency Program Agreement, as shown on page _______, with the State of Florida Department of Transportation for Rehabilitation of the Cross Seminole Trail Trestle Bridge over Howell Creek (FDOT - FPN: 426508-1-58-01).
34. Adopt appropriate Resolution #2009-R-213, as shown on page _______, authorizing the Chairman to execute an Amendment to the Local Agency Program Agreement, as shown on page _______, with the State of Florida Department of Transportation for Resurfacing of Howell Branch Road from County Line to SR 436 and Lake Howell Road from Howell Branch Road to North of Linden Road (FDOT -FPN: 426328-1-58- 01).
35. Adopt appropriate Resolution #2009-R-214, as shown on page _______, authorizing the Chairman to execute an Amendment to the Local Agency Program Agreement with the State of Florida Department of Transportation for Reconstruction and Resurfacing of Lake Mary Blvd. from Markham Woods Road to Rinehart Road (FDOT -FPN: 426324-2-58-01).
36. Approve and authorize the Chairman to execute the Traffic Signal Maintenance and Compensation Agreement Amendment #1, as shown on page _______, between the Florida Department of Transportation and Seminole County.
37. Timothy D. Hudson and Molly Hudson - Authorization to foreclose the mortgage on the Hudson vacant residential property which secures the promissory note provided to Seminole County to settle a breach of contract lawsuit which arose from Mr. Hudson’s default on Affordable Housing Funding Agreements entered into with Seminole County. Mr. Hudson has defaulted on the scheduled payments under the note and mortgage. The balance owed by Mr. Hudson is $27,500.00.
Districts 1, 2, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner McLean to approve and authorize the following: Expenditure Approval List, as shown on page _______, dated September 28, 2009; Payroll Approval List, as shown on page _______, dated October 1, 2009; and BCC Minutes dated October 13, 2009.
Districts 1, 2, 4 and 5 voted AYE.
The Board, noted, for information only, the following Clerk’s “received & filed”:
1. E-mails dated October 1 and October 2 to Gary Bryant, CH2M Hill, from Bruce McMenemy, and to Bruce McMenemy from Gary Bryant, CH2M Hill, re: retainage issues and outstanding invoices for contract PS-5190-05.
2. E-mail to Drew Jeter, CH2M Hill, from Bruce McMenemy re: retainage and pending invoices for PS-5190-05 Agreement.
3. E-mails to Cindy Coto, County Manager, from Bruce McMenemy re: Stairmaster Treadmill for Station 27.
4. E-mails to Bruce McMenemy and Commissioner Carey, from Cindy Coto, County Manager, Re: Parks Travel to Salt Lake City Conference.
5. E-mails to Cindy Coto, County Manager, from Bruce McMenemy, and to Bruce McMenemy from Susan Krause, re: Leadership Training Course on P-Card.
6. Third Amendment, as shown on page _______, to CC-1220-09.
7. Close out, as shown on page _______, for Work Order #3 to CC-2183-07.
8. Close out, as shown on page _______, for Work Order #5 to CC-2184-07.
9. Work Order #40, as shown on page _______, to RFP-0225-05.
10. Change Order #2, as shown on page _______, to Work Order #19 to CC-1284-06.
11. Change Order #5, as shown on page _______, to Work Order #29 to CC-1075-06.
12. Work Order #42, as shown on page _______, to CC-1075-06.
13. Work Order #11, as shown on page _______, to RFP-4277-09.
14. Work Order #23, as shown on page _______, to PS-5175-04.
15. Work Order #7, as shown on page _______, to RFP-4277-09.
16. Addendum #2, as shown on page ________, to Amended and Restated Colonial Grand Heathrow Reserve PUD DCA.
17. Customer Agreement, as shown on page ________, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for Lake Mary Westin.
18. Parks Contract, as shown on page _______, for Joe Gasparini.
19. Performance Bonds #70790614, #70790632, #70790615, #70787600, #70790629, and #70790639, as shown on page _______, for RFP-4277-09, Clarkson Concepts, Inc.
20. Work Order #55, as shown on page _______, to PS-1529-06.
21. Memorandum to Cindy Coto, County Manager, from Frank Raymond, Administrative Services Director, re: Approval of Invoices from Expired Agreement (M-3640-08).
22. Work Orders #8 & #9, as shown on page _______, to RFP-4277-09.
23. Third Amendment, as shown on page _______, to RFP-4259-05.
24. Amendment #1, as shown on page _______, to Work Order #31 to PS-0381-06.
25. Work Order #14, as shown on page _______, to RFP-4277-09.
26. Work Order #10, as shown on page _______, to RFP-4277-09.
27. Work Orders #12 & #13, as shown on page _______, to RFP-4277-09.
28. Parks Contracts, as shown on page _______, with Charles Condon, Stanley Ransom, Sr., Eddie Rodriguez, and Rolland Shea.
29. Priority Use and Lease Agreement, as shown on page _______, with Seminole Softball Club.
30. Facilities Use Agreement, as shown on page _______, with CMA of Orlando.
31. First Amendment, as shown on page _______, to M-4519-09.
32. Change Order #7, as shown on page _______, to CC-2702-07.
33. Amendment #1, as shown on page _______, to Work Order #109 to PS-5165-04.
34. Amendment #2, as shown on page _______, to Work Order #2 to PS-5192-05.
35. Amendment #1, as shown on page _______, to CC-4533-09.
36. Work Order #27, as shown on page _______, to CC-1284-06.
37. Amendment #2, as shown on page _______, to Work Order #2 to PS-2051-07.
38. Bids as follows: IFB-600727-09; IFB-600736-09; CC-4813-09 & CD; RFP-600742-09; and RFP-600738-09.
Purchasing Manager, Ray Hooper, and Solid Waste Manager, Johnny Edwards, addressed the Board to request direction with regard to RFP-600742-09/GMG, Residential Solid Waste Collection Services.
Commissioner Van Der Weide entered the meeting at this time.
Upon inquiry by Commissioner Carey, County Attorney Robert McMillan advised he will make the clarification in the contracts that any rate adjustments will come back to the BCC for approval.
Chairman Dallari commented that he didn’t see any reference to alternative fuels in the contract.
Mr. Edwards confirmed that there is nothing in the contract regarding alternative fuels, but that is something staff can negotiate. Discussion ensued.
Commissioner Carey suggested encouraging the companies to look into alternative sources of fuel. Commissioner McLean concurred, stating the Board should make the statement that this is something they would like to see, if those alternatives make sense.
Chairman Dallari suggested going out for “best and final” price. Whereupon, Commissioner Carey stated she is not sure that they will be able to do anything better, as she feels some of them put their best foot forward already. Commissioners Henley and McLean agreed with Commissioner Carey.
Commissioner Van Der Weide stated his biggest concern is going from numerous haulers down to three and when you get down to one, that is very dangerous.
Commissioner McLean stated in the interest of consistency, he would like staff to consider going to only a single hauler for the next contract.
Commissioner Carey said that as Commissioner Van Der Weide stated, the County needs to have more than one option.
Motion by Commissioner Henley, seconded by Commissioner Carey to award RFP-600742-09/GMG, Residential Solid Waste Collection Services Contracts, as shown on page _______, to Waste Pro of Florida, Inc., Longwood (Service Area 1), and Veolia ES Solid Waste Southeast, Inc., Apopka (Service Area 2).
Under discussion, Commissioner McLean stated that the County has worked with Waste Services of Florida for a number of years and he is for looking at continuing that relationship as there is already an established track record.
Commissioner Carey clarified that included in the motion is that the County is encouraging the haulers to consider other fuel sources.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner McLean voted NAY.
Kathy Moore, MSBU, addressed the Board to present proposed resolution amending the Municipal Services Benefit Unit Program Administrative Code, with regard to wall reconstruction projects.
Motion by Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution #2009-R-215, as shown on page _______, amending Section 22.10, Municipal Services Benefit Unit Program of the Seminole County Administrative Code, relating to wall reconstruction projects.
Districts 1, 2, 3, 4 and 5 voted AYE.
Planner, Tony Matthews, addressed the Board to advise the Complete Count Committee held their kick-off meeting on October 19 at the Central Branch Library in Casselberry and he is pleased to announce that he observed the committee to be very enthusiastic. He further advised the committee selected Richard Langlotz as their Chairman and John Horvath as their Vice Chairman. He said that there is one membership revision, in that, Linda Lang will not be serving, but Denise Ryser will be added.
Motion by Commissioner Henley, seconded by Commissioner Carey to ratify the recommendation of the Complete Count Committee for Richard Langlotz as Chairman and John Horvath as Vice Chairman; and to approve appointment of Denise Ryser in place of Linda Lang.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari advised he has negotiated an employment agreement with Acting County Manager, Joe Forte, for a 10% salary increase and a monthly car allowance.
County Attorney, Robert McMillan, distributed copies of the agreement (received & filed).
Upon inquiry by Commissioner Carey, Mr. McMillan advised the only additional benefit Mr. Forte will receive, per the contract, is the car allowance. He added that once the Board decides to change the Acting County Manager status, this agreement will cease to exist.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the Chairman to execute Employment Agreement, as shown on page _______, with Joseph A. Forte, as Acting County Manager.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari expressed his appreciation to Mike Barr of Keep Seminole Beautiful for all his work he has done without financial assistance from the County.
The Chairman requested appointment of Kip Bechum to the Community Services Block Grant Advisory Board.
Motion by Commissioner McLean, seconded by Commissioner Carey to appoint Kip Bechum to the Seminole County Community Services Block Grant Advisory Board to serve a two-year term ending August 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-217, as shown on page _______, commending Marie Carling for her service on the Seminole County Community Services Block Grant Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Chairman advised that the Expressway Authority will be offering free E-passes. Whereupon, Commissioner Carey stated that all the Commissioners have applications available in their offices.
Chairman Dallari advised of receipt of an invoice from Attorney Janice Merrill (VAB Attorney) in the amount of $175 for reading minutes and a couple of other things. He said if there is no objection, he would like to send a letter to her advising it is the wishes of the Board that she not “nickel and dime” the County on everything she is doing. The Board voiced no objections to same.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner McLean advised he participated, at the request of the Chamber, in a paneled discussion about Amendment Four, Hometown Democracy.
Commissioner McLean stated Envision Seminole is proposing to hold a leadership symposium sometime in the spring; and said he will keep the Board informed of same.
Commissioner McLean advised that he, along with Commissioner Henley, served at the “Servants to the People” luncheon and Commissioner Carey did a good job on her closing speech. He added that all money collected benefited the Rescue Outreach Mission.
Commissioner McLean briefly discussed the Chamber meeting he attended last week and reported the next event is scheduled for November 6 at Seminole State College.
Commissioner McLean briefly reported on the “Howl for the Arts” event that was held this past weekend at Seminole Harley Davidison, advising approximately $10,000 was raised.
Commissioner McLean congratulated the Seminole County Parks & Leisure Services Department on becoming accredited.
Commissioner McLean discussed the Seminole County Arts Council (SCAC) request to move their arts contract from Library Services to the Economic Development Department; and request to revise the wording of the contract with regard to distribution. He said the idea of moving the contract process to the Economic Development Department would be to have it processed more quickly.
Commissioner Carey stated if the issue is that the money is not getting out quick enough, then the County Manager needs to have that discussion with the Library Services Department. She said that moving it to another department should not make the process any quicker; and added that there are reasons why that contract is under Library Services.
Mr. Forte stated he will follow up with the Library Services Director on this issue.
Discussion ensued with regard to the distribution clause in the contract. Commissioner McLean requested the clause directing how the money will be spent be removed from the contract.
Commissioner Henley stated there were reasons why the contract was set up that way, as they did not want to get into a circumstance where the Council considered the money an entitlement used for paying for staff. He said the Board wanted to encourage them to do their own private fund-raising.
Commissioner Dallari stated that the Council has made significant changes in their fund-raising philosophy in the past couple of years. Therefore, he would not have a problem releasing that requirement.
Commissioner Carey said the County has had to cut the amount of money they put into the arts and that trend will probably continue. She further said that the idea is to get the money to the artists and performers and for the programs that serve the children. She said the same thing is done with United Arts – for example, there is money earmarked specifically for the Orlando Ballet.
Commissioner Van Der Weide stated all these agencies are struggling and will continue to struggle; however, he said it doesn’t hurt to take a look at this to see where they are.
Mr. Forte advised the contract is slotted to come back at the next BCC meeting and this can be reviewed and discussed then.
Commissioner McLean advised Orange TV has contacted him and are willing to allow their regional art program piece to be aired on SGTV.
Commissioner Henley stated that their proposal was that at least one program a month would be for Seminole County and the rest of the time it would be for Orange County. He added that he is not opposed to showing the Seminole County portion, but does not want to have the Orange County portion running all the time.
Commissioner McLean advised this would be once a month.
Commissioner Carey stated if it fits into the County program, she doesn’t see a problem with airing it.
Chairman Dallari directed that this be given to staff for review.
Commissioner Van Der Weide suggested that the other entities using SGTV, help fund it.
Commissioner Henley stated staff is moving in the direction to solve the problem with SunState Trees.
Commissioner Henley advised of the recent meeting of the Urban Transportation Coalition and their review of the Legislative Program. He discussed the Miami delegation proposal of a little different approach to the $2 surcharge on rental cars. He said they are asking for a Special Legislative Session so that commuter rail can be dealt with.
Commissioner Carey briefed the Board on the MyRegion.org Executive Committee meeting she attended on October 16, 2009.
Commissioner Carey advised the Board of the discussion about Hometown Democracy at the East Central Florida Regional Planning Council meeting she attended last Wednesday. She said the Board had concern about the proposed resolution that was distributed and wanted to see more specific reasons why they are opposed to the initiative. She added that over a $1 million has been spent on “How Shall We Grow?” and if Amendment Four passes, that vision will not be able to be created. She further said that the resolution will come back to the Council after the history has been included in it and it may be something the BCC would like to consider doing also. She asked the County Attorney to check what’s going on around the State with regard to any legal challenges.
Commissioner Carey briefly discussed the “Servants to the People” luncheon held last Thursday, advising the proceeds benefited the Rescue Outreach Mission which is currently at capacity.
Commissioner Carey expressed her concern with the inconsistency that Code Enforcement fines are levied. She asked if staff could look into this and develop some guidelines.
Attorney McMillan advised the Code Enforcement Board is independent of the BCC and have their own counsel. He further advised the BCC’s authority is limited to only creating the CEB and making appointments to it. He stated that he has asked staff to bring back a policy on how to handle the CEB liens because the foreclosure crisis has complicated that issue.
Commissioner Carey advised the Central Florida Zoo’s “Black Tie on the Wilde Side” will be held on November 14, at the Zoo. She asked each Commissioner to obtain a corporate sponsor for the event.
Commissioner Carey asked for permission to attend the FAC Conference in St. Petersburg on December 1-3, 2009.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize travel for Commissioner Carey to attend the FAC Conference in St. Petersburg on December 1-3, 2009.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey wished everyone a safe and Happy Halloween.
Dallari advised he attended the Central
Florida Hotel & Lodging Association luncheon on October 23, 2009.
Commissioner Dallari discussed Brumley Road, advising it is an unmaintained road. He said to maintain it on an annual basis, staff estimates it would cost $1,200. However, to maintain it on an emergency basis, it would cost $6,000.
Director of Public Works, Gary Johnson, addressed the Board to advise this road is in the Emergency Maintenance Program category. It used to be graded, but that ceased to be a regular activity.
Commissioner Carey commented that she has a lot of roads like this in her district; and if the Board is going to open it up for one, it should open it up for all.
Commissioner Dallari requested Mr. Johnson to bring back information on all the emergency-maintained roads in the County.
Commissioner Dallari advised of a tree issue in the Live Oak Trees subdivision located at 3472 Astoria Court, Winter Park.
Public Works Director, Gary Johnson, gave a brief history of the situation (copy of information packet was received & filed). He said that under the guidelines of the “Green Book”, he would recommend that the tree be removed. Petition, as shown on page _______, opposing the removal of the tree was received and filed.
Upon inquiry by Commissioner Henley, Mr. Johnson advised the “Green Book” is from the State of Florida DOT and it is a directive for construction of new facilities.
Commissioner Henley stated he is opposed to taking the tree out, but not opposed to trimming it.
Commissioner Carey said that the Board approves developments and require walls and roads to go around large trees in order to protect them. She further said that she believes that pruning and crowning the tree will solve the problem.
Commissioner Van Der Weide stated that the County is not in the business to tear down trees. He said the “Green Book” is only a recommendation. He added that trimming the tree up would be his recommendation, but he is not in favor of starting to cut down trees. Commissioner McLean agreed.
District Commissioner Dallari said he agrees with everyone that the tree needs to be pruned and crowned.
Motion by Commissioner McLean, seconded by Commissioner Carey to direct that the tree located at 3472 Astoria Court, Winter Park, in the Live Oak Trees subdivision, be pruned and crowned and not removed.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S REPORT
Acting County Manager, Joe Forte, requested direction with regard to the Fall Food Certificates, advising these would go to only those employees in the A, B, and C pay bands. He added that the cost is a little over $15,000.
Director of Human Resources, Janet Davis, addressed the Board to advise the County has a total of six pay bands and the certificates would go to the three lower ones.
Commissioner McLean said that there is an anticipation with the employees and he believes the Board needs to move forward with the program.
Chairman Dallari said the Board needs to cut the budget in these economic hard times.
Commissioner Carey stated that these are the types of things that the Board needs to talk about in the future, so that the budget can be tightened up.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to confirm the expenditure for Fall Food Certificates for A, B, and C pay band employees.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Forte advised Assistant County Manager, Sabrina O’Bryan, can give the Board a briefing on the Legislative priorities.
Commissioner Carey stated that staff needs to keep a close watch on the discussion at the Federal level about Health Care because that is going to affect Medicare and Medicaid.
Commissioner Henley briefly updated the Board on the discussions he has had with regard to combining Expressway Authorities.
Public Works Director, Gary Johnson, advised he has seen a draft agreement.
Commissioner Carey requested Mr. Johnson to present that agreement at the next Expressway Authority meeting.
Assistant County Manager, Sabrina O’Bryan, addressed the Board to review the 2010 State Legislative Issues & Priorities (copy received and filed), advising this is a draft. She said she wants to get the Board’s input on same and then will bring it back as an agenda item at the November BCC meeting. She briefly discussed the following funding projects: Regional Alternative Water Supply Program, SR 46 Regional Evacuation Route, and SR 429 Wekiva Parkway & SR 46 Bypass. She said the County’s overall philosophy has been, “Maintain Home Rule Authority to development community-based solutions to local problems” and “oppose unfunded mandates by the State to provide a service without the appropriate funding sources.” She reviewed the Finance, Transportation and Administration issues on page 2 of the handout and the Growth Management & Environment issues on pages 3 and 4. She also reviewed Health & Human Services and Public Safety issues on page 5.
Commissioner Carey stated that due to the fact that the Red Light Cameras legislation has not been discussed by the Board, she would not want to see it on the list at this time.
Ms. O’Bryan advised the Federal Priorities will be developed in conjunction with the FAC Federal Action Strike Team and the County’s Federal Lobbyist. She added that they will be brought back to the Board for consideration at a future meeting.
COUNTY ATTORNEY’S REPORT
County Attorney, Robert McMillan, requested direction with regard to the recruitment of a new County Manager. Copy of information packet was received and filed. He said he is not asking the Board to make a recruitment firm selection today, but would like to know if they prefer to go through an RFP process or would rather select one of the firms listed on the information matrix. He said the next step, after selecting a recruiter, would be for them to meet with each of the Commissioners to put together a profile of what they are looking for in a County Manager.
Commissioner Carey stated in light of the way government should be changing, she does not want to just look at the government sector. She said that with government recruiters, you see the same names over and over, as they move from one county or city to another.
Attorney McMillan said that if any Commissioner has another firm they wish to add to the list, he will do so. He further said that if the Board goes out with an RFP, they can add open it up to firms that also do executive recruiting.
Commissioner Carey said she doesn’t want to exclude the private section because government needs to operate cost-effectively to make sure taxpayers’ dollars are being spent in the most efficient way.
Commissioner McLean stated he agrees with the RFP process.
Commissioner Henley said Commissioners need to remind themselves what kind of an organization that County government is – which is a service and regulatory entity. He added that most private businesses are not operating under the same rules and regulations. He further said the goal of the County Manager is not to set the goals. The County Manager’s job is to manage what the BCC decides is the vision and structure. He stated he would be reluctant to select someone strictly from the business world with no government experience.
Commissioner Van Der Weide stated he believes the best thing is to have someone with both business and government experience.
Commissioner Carey reiterated that she wants to see a wider search done and just not with headhunters that only do government recruiting.
Upon inquiry by Attorney McMillan, the Board decided to digest the information presented today and consider the recruitment process (RFP or not) at the next BCC meeting.
Attorney McMillan advised of an issue with regard to Division Managers and a conflict in the Administrative Code. He said the Board has not confirmed Division Managers since those positions became “at will”. He further said he has prepared an amendment to the code that will correct and clarify the language that only Directors (and not Division Managers) will be confirmed by the Board.
Commissioner Carey stated that, as she understands it, the position in question was created. Attorney McMillan advised that it is within the County Manager’s authority to create positions. He gave a brief history of how the organizational structure has been created in the past.
Commissioner Carey said that what concerns her is that while the Board was struggling to make the tough decisions on the budget and eliminating positions, the County Manager was going behind their backs mad making promotions and salary increases. She questioned how many managers are needed in a seven employee department (Human Resources)?
Attorney McMillan said the Board can change that authority if they wish. Whereupon, Commissioner Carey said she would like to look at that language in the Code and maybe take that issue up; and until then, she does not believe there should be any more of that going on. Attorney McMillan clarified that discussion can take place when the County considers a reorganization.
Commissioner Van Der Weide agreed, but said now the Board needs to deal with the “glitch” in the Code.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2009-R-216, as shown on page _______, amending the Administrative Code to clarify that Division Managers are not required to be confirmed by the BCC.
Under discussion and upon inquiry by Chairman Dallari, Mr. Forte advised merit increases for FY 09/10 have been frozen, with the exception of promotional increases; but there will be no reclassifications done for the sake of a pay increase or promotion.
Commissioner Henley said he does not believe the Board needs to get into micromanaging. He further said management cannot increase the budget or the number of personnel without Board approval.
Commissioner Carey stated that the County currently has a hiring freeze and salary freeze; and moving people around and creating positions to accommodate some employees is not appropriate. She requested Mr. Forte to closely monitor this.
Districts 1, 2, 3, 4 and 5 voted AYE.
Attorney McMillan requested direction on scheduling the election of the BCC Chairman and Vice Chairman. He said he believes the Board needs to amend the Administrative Code because it provides that the election of the Chairman be on the fourth Tuesday of November. He said the Board has not had a fourth Tuesday BCC meeting in ages. He suggested holding the election the first meeting in November. He further said that right now the Board has to have a Special Meeting the third week of November during election years because that is when new commissioners are seated. However, with regard to this year, the Board only has one meeting in November (November 10). The election of the Chairman could be at the end of that meeting or at the beginning of the meeting in December.
The Board, by unanimous consensus, directed that the election of the Chairman and Vice Chairman be conducted at the end of the BCC meeting on November 10, 2009.
Attorney McMillan advised he will draft language with regard to this issue for the Board to consider.
Attorney McMillan advised he sent each Commissioner an update on SunState Trees and be believes the strategy of them declaring bankruptcy may have backfired because the bankruptcy judge told them that they needed to get right with Seminole County before they were going to get any assistance from the bankruptcy court. He added that staff has a meeting with SunState’s bankruptcy attorney on Thursday to try to figure out how to get them in compliance so that they can proceed with the bankruptcy.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated October 6, 2009, from James Karels, Florida Department of Agriculture and Consumer Services, to Chairman Dallari re: Division of Forestry is no longer authorized to provide Seminole County 15% of State Forest revenues. (cc: BCC, Leisure Services)
2. Copy of letter dated October 9, 2009, from Juliana Steele, United Arts of Florida, to Kathryn Townsend, Seminole Cultural Arts Council, Inc., (SCAC) re: FY 2010 funding agreement with Seminole County. (cc: Library Services)
3. Letter dated October 14, 2009, from Joseph Gallegos, Florida City and County Management Association, to Chairman Dallari re: offer of Range Rider assistance while County seeks new County Manager. (cc: BCC, County Manager)
4. Letter dated October 15, 2009, from Ubangi Hajj-Mak, P.O. Box 468, Sanford, Florida, to Chairman Bob Dallari and BCC re: Second public records request for information pertaining to the Center for Affordable Housing. (cc: Adm. Svcs., Comm. Assistance)
5. Notice of Public Hearing received October 19, 2009, from City of Longwood re: Board of Adjustment Public Hearing on October 28, 2009. (cc: BCC, County Manager, Planning and Development)
6. Letter dated October 19, 2009, from Vivian Garfein, Florida Department of Environmental Protection, to Chairman Dallari re: Warning letter of possible violations regarding Osceola Road Solid Waste Management Facility. (cc: BCC, County Manager, Solid Waste Division)
7. Letter dated October 19 2009, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: New HD and HD Premium Services.
8. Letter dated October 19, 2009, from Mrs. Shannon McCutcheon, Choices in Learning School, to Chairman Dallari re: appreciation for help in creating a school site for Seminole County students.
9. Notice of Application (w/attachments) received October 23, 2009, from City Clerk, City of Sanford, to Chairman Dallari re: Sanford Airport Authority application for proposed planning action. (cc: BCC, County Manager, Planning and Development)
10. Letter dated October 23, 2009, from Alan Van Lewen, Florida Department of Health, to Chairman Dallari re: Notice of application for non-competitive EMS County Grant. (cc: BCC, County Manager, Grants Administrator)
11. Copy of letter dated October 23, 2009, from Dottie Dennis, Deer Run Property Owners Association #1, to Mr. Ed Barfield and Mr. Scott Sacks, Horizon Engineering, re: elimination of the 12 foot asphalt path on Deer Run property for the Sterling Park bike path. (cc: BCC, County Manager, Trails/Engineering, and Planning and Development)
ITEMS FOR FURTURE AGENDA
The Chairman advised he has a written comment form (not received & filed) from Bishop Johnson wanting to address the Board with regard to his food give-away. He said he wants to make sure that there is no issue with code enforcement. He further said he will have the Acting County Manager and County Attorney address these issues.
Bishop Johnson addressed the Board to advise Community Services Manager, Michelle Saunders, and he have been working very closely to serve the needy of the community. He said these are people who don’t know if they are going to be able to feed their children each night and are homeless. Some people of the community do not want to see these people helped and will call law enforcement. In his case, they called the Sheriff’s Office three times and each time the deputies have assured him that he is doing good work. He stated Tina Williamson and Alison Stettner recently observed a give-away of food. They said they were out making sure that there were no code enforcement violations. He said he wants to make sure the Board knows that he and his wife are just trying to give back to the community. He expressed his concern with the Board giving food certificates to their employees when there are a lot of people unemployed, homeless and don’t know where their next meal will come from. He added that all he is trying to do is help the community.
Chairman Dallari stated the County Attorney and Acting County Manager will review this situation to make sure what is appropriate and not appropriate.
Upon inquiry by Commissioner Henley, Bishop Johnson stated he believes this is just a “fishing expedition”.
At the request of Bishop Johnson, the Chairman advised the Acting County Manager can provide him with a list of all the foreclosures in the County.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:46 a.m., this same date.