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.
Present:
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.
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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:
Administrative Services
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.
Support
Services
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.
Community Services
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.
Community
Assistance
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.
Economic Development
Tourism
Development
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.
Environmental Services
Business
Office
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.
Fiscal Services
Administration
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.
Budget
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.
MSBU
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.
Leisure Services
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
Development
Review
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.
Planning
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.
Public Works
Engineering
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).
Traffic
Engineering
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.
COUNTY
ATTORNEY
Litigation
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
CLERK’S
REPORT
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.
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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.
REGULAR
AGENDA
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.
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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.
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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’S
REPORT
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Commissioner
McLean congratulated the Seminole County Parks & Leisure Services
Department on becoming accredited.
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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.
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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.
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Commissioner
Henley stated staff is moving in the direction to solve the problem with
SunState Trees.
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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.
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Commissioner
Carey briefed the Board on the MyRegion.org Executive Committee meeting she
attended on October 16, 2009.
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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.
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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.
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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.
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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.
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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.
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Commissioner
Carey wished everyone a safe and Happy Halloween.
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Commissioner
Dallari advised he attended the Central
Florida Hotel & Lodging Association luncheon on October 23, 2009.
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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.
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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.
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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.
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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.
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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.
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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.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 11:46 a.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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