BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 24, 2009
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m., on Tuesday, February 24, 2009, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of the said Board.
Chairman Bob Dallari (District 1)
Vice Chairman Mike McLean (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Circuit Court Maryanne Morse
County Manager Cindy Coto
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
The Invocation was given by Chaplain Charles Pitroff, John E. Polk Correctional Facility.
Commissioner McLean led the Pledge of Allegiance.
Awards and Presentations
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt appropriate Resolution #2009-R-30, as shown on page _______, recognizing Florida’s forestry community for their commitment to protecting Florida’s wetlands and water resources.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley presented the
Resolution to Sean Gallagher, Orlando District Manager for the Division of
Forestry, who addressed the Board to state Seminole County is
one county in his district and is one of the few counties that actually has commercial timber land still so the best management practices are very important. He said statewide, there is a large amount of state lands on the east side of the County; and they do their best to protect and preserve them for the future.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to adopt appropriate Resolution #2009-R-31, as shown on page _______, proclaiming the week of March 1 through March 7, 2009, as “John E. Polk Correctional Facility Jail Chaplain Appreciation Week.”
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Van Der Weide presented the Resolution to Chaplain Charles Pitroff, who thanked the County Commission for many years of support.
COUNTY MANAGER’S Consent Agenda
Commissioner Henley stated regarding Item #21, Agreement between Seminole County and the County of Volusia regarding Automatic Aid/Closest Unit Response for Fire and Rescue Services in the Lake Harney Fire District 37, it concerns him on the number of calls they have. He said this is a volunteer fire department and there is no incentive for them to respond at all if they know that the County is obligated to respond. He would hope to see some safeguards if those numbers go above what is anticipated.
Ms. Coto stated the County has presently a mutual aid arrangement with Volusia County and has been responding in this area with no compensation like they have with other areas around the County. She said within the agreement there are a couple of safeguards the County has, which she reviewed.
Tad Stone, Public Safety Director, addressed the Board to state the agreement has been in place for many, many years.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve and authorize the following:
County Manager’s Office
2. Approval by the Board of County Commissioners to reimburse mileage expenses in the amount of $51.67 for Commissioner Carlton Henley to participate in the Commuter Rail/Regional Leadership meeting in Charlotte, NC.
Purchasing and Contracts
3. Approve Amendment #4, as shown on page _______, to PS-5191-05/TLR with Brown and Caldwell, of Maitland, Florida, to increase the total not-to-exceed amount for the term of the Agreement by an additional $35,848.00.
4. Approve the assignment of the following Agreements and associated Work Orders, as shown on page _______, from Boyle Engineering Corporation, of Orlando, Florida, to AECOM USA, Inc., of Orlando, Florida: PS-1529-06/DRR; PS-5192-05/DRR; PS-5185-05/AJR; PS-5173-04/AJR; and PS-5152-03/AJP.
5. Approve renewals for multiple consultants under PS-1529-06/DRR – Master Agreements for Continuing Engineering Services for Capital Improvement Projects.
6. Approve Mutual Termination, as shown on page _______, of RFP-600106-06/TLR – Finance and Development Advisory Services with Stainback Public/Private Real Estate (SPPRE) Houston, Texas and authorize the County Manager to execute the document.
7. Award RFP-600547-08/TLR, as shown on page _______, Grant Consultant Services to Langton Associates/In Rem Solutions, Jacksonville (estimated $80,000 per year).
8. Waive the procurement process for Release Orders issued under RFP-600193-07/BJC with DCR Engineering Services, Inc. (DCR) and approve these Release Orders retroactively for payments totaling $733,665.10.
9. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-32, as shown on page _______, and County Deed, as shown on page _______, to the Center for Affordable Housing Inc., for Parcel #34-19-30-5AK-0B00-001B, 1606 Roosevelt Ave., Sanford, FL 32771, a single-family structure on a .12 acre lot.
Solid Waste Management
10. Approve and authorize the Chairman to execute Certificate of Public Convenience and Necessity, as shown on page _______, for Anderson Rentals, Inc.
Administration – Fiscal Services
11. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-33, as shown on page _______, amending Seminole County Administrative Code, Section 20.16, Community Services – Cooperative Extension Fee Schedule.
12. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-34, as shown on page _______, amending Seminole County Administrative Code, Section 20.30, Library Services Fee Schedule.
13. Approval to partner with the University of Florida to submit a grant application to the US Dept. of Agriculture requesting $225,000.00 through their CYFAR (Children, Youth, and Families At-Risk) Program for a program at the Midway Safe Harbor.
14. Approval to submit a grant application to the Florida Department of Environmental Protection requesting $200,000.00 through their Land and Water Conservation Program; approve and authorize the Chairman to execute appropriate Resolution #2009-R-35, as shown on page _______, in support of the project; and authorize the County Manager to execute the application and other supporting documents.
15. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-36, as shown on page _______, implementing Budget Amendment Request (BAR) #09-28 through the 1991 Infrastructure Sales Tax Fund in the amount of $468,000.00 in order to create and fund the County Road 46A Walls and Landscaping project.
Planning and Development
16. Authorize the Board to release Performance Bond #070-004-589 for Water and Sewer Systems in the amount of $79,368.42 for Terracina at Lake Forest, Phase I, as requested by Taylor Morrison of Florida, Inc., applicant.
17. Adopt and authorize the Chairman to execute appropriate Resolution #2009-R-37, as shown on page _______, vacating and abandoning a portion of the platted seven-foot-wide utility easement situated at the east side of Lot 12, Greengate Estates, as recorded in Plat Book 16, Page 17, of the Public Records of Seminole County, Florida, and further described as 118 Leon Court, Fern Park, Florida; in Section 20, Township 21 S, Range 30 E. (Robert J. and Marsha K. Lillie).
18. Approve and authorize the Chairman to execute the final plat for King’s Landing at Lake Jesup subdivision located at Black Hammock Road and Jeslan Court in Section 34, Township 20 South, Range 31 East (E.P. Bruce).
19. Approve the Satisfaction of Lien in the amount of $1,500.00, Case No. 90-12-CEB, for 425 East Osceola Road, Geneva, Tax Parcel #10-20-32-3AE-0260-0000, previously owned by John and Sandra Klauck and currently owned by Sandra and Jackie Klauck, and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.
20. Approve the Satisfaction of Lien in the amount of $23,000.00, Case No. 07-129-CEB, for 2144 Deer Hollow Circle, Longwood, Tax Parcel #23-20-29-5HT-0000-0220, previously owned by Jacqueline Laggan and Andera K. Mohammed and currently owned by Deutsche Bank National Trust Company, and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _______.
21. Approve and authorize the Chairman to execute an Agreement, as shown on page _______, between Seminole County and the County of Volusia regarding Automatic Aid/Closest Unit Response for Fire and Rescue Services in Lake Harney Fire District 37.
22. Approve the reappointment of Commissioner Art Woodruff, City of Sanford, as a Municipal Representative to serve on the Seminole County Expressway Authority, pursuant to unanimous recommendation of the seven cities located within Seminole County.
23. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-38, as shown on page _______, to increase the speed limit from 30 mph to 40 mph on Fort Christmas Road from Lake Mills Road to the Seminole/Orange County Line.
Districts 1, 2, 3, 4 and 5 voted AYE.
Constitutional Officer’s Consent Agenda
Motion by Commissioner McLean, seconded by Commissioner Carey, to approve and authorize the following:
24. Approval of Expenditure Approval Lists, as shown on page _______, dated January 26 and February 2, 2009; and Payroll Approval List, as shown on page _______, dated February 5, 2009; approval of BCC Minutes dated January 27, 2009; and noting, for information only, the following Clerk’s “Received and Filed”:
1. Amendment #1, as shown on page _______, to Work Order #47 for PS-5120-02.
2. Change Order #6, as shown on page _______, to CC-2167-07.
3. Term Contracts IFB-600537-08, as shown on page _______, with Gil Manufacturing, Inc., Adapco Inc., and Clarke Mosquito Control Products, Inc.
4. Letter from Sally Sheibenberger, Appraisal Director, to Sandy McCann, regarding Zoning Changes and Land Use Changes, January 1, 2008 through December 31, 2008.
5. Memorandum to Sally Sheibenberger from Sandy McCann regarding 2008 Zoning Changes/Ordinances.
6. Amendment #1, as shown on page _______, to RFP-2251A-07 with The Center for Affordable Housing, Inc.
7. Change Orders #2 and #3, as shown on page _______, to CC-3112-08.
8. Consent of Surety, as shown on page _______, to Final Payment for Closeout of CC-2641-07.
9. Re-recorded Second Amended and Restated Resolution No. 2003-R-47, as shown on page _______, relating to the East Lake Mary Boulevard Segment II road improvement project.
10. Re-recorded First Supplemental Resolution No. 2003-R-91, as shown on page _______, relating to East Lake Mary Boulevard Segment II.
11. Re-recorded Third Amended Resolution No. 2003-R-216, as shown on page _______, relating to East Lake Mary Boulevard Segment II.
12. Work Order #63, as shown on page _______, to RFP-4214-04.
13. Change Order #1, as shown on page _______, to CC-3075-07.
14. Amendment #1, as shown on page _______, to Work Order #15 for CC-1284-06.
15. Closeout of Work Order #22, as shown on page _______, to CC-1075-06.
16. Work Order #12, as shown on page _______, to PS-1020-05.
17. Assistant and Associate Tennis Pro Agreement, as shown on page _______, with Leanne Yarn.
18. Amendment #1, as shown on page _______, to Work Order #14 for PS-5144-03.
19. Parks Contract for Services, as shown on page _______, with Lynn M. Terito.
20. Amendment #1, as shown on page _______, to Work Order #17 for CC-1284-06.
21. Work Order #23, as shown on page _______, to PS-1501-06.
22. Amendment #4, as shown on page _______, to Work Order #4 for PS-1529-06.
23. Change Orders #1, as shown on page _______, to Work Orders #61, #62, and #63 for CC-1220-03.
24. Closeout, as shown on page _______, for CC-0751A-06.
25. Amendment #2, as shown on page _______, to Work Order #62 for PS-5120-02.
26. Performance Bond, as shown on page _______, for Long Pond Subdivision (aka Veramonte) in the amount of $91,385.64.
27. Amendment #1, as shown on page _______, to Work Order #13 for CC-2190-07.
28. Amendment #1, as shown on page _______, to Work Order #1 for PS-2084-07.
29. Change Order #1, as shown on page _______, to CC-3077-08.
30. Change Order #1, as shown on page _______, to CC-3138-08.
31. Change Order #3, as shown on page _______, to CC-2702-07.
32. Work Order #24, as shown on page _______, to PS-1501-06.
33. Change Order #1, as shown on page _______, to Work Order #12 for CC-0012-05.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board considered the Lake Mary High School Swimming Pool and request for direction to staff on the Amendment to School Joint Funding and Use Interlocal Agreement as received from the School Board regarding the Lake Mary High School Pool.
Chairman Dallari stated he had a couple of phone calls, since as late as last night, from a couple of individuals who would like to see if they could augment some of the costs for this project. He asked Ms. Coto if this is time pending.
Ms. Coto stated this is not time sensitive from the standpoint that they are able to break ground or monies are about to be spent.
Chairman Dallari said since nothing is pending, he asked the Board if they would allow the residents to look at private funding to see if they can offset some of this cost.
Commissioner Carey questioned if the residents are talking about a significant amount of money. She said this is $1.2 million and a budget workshop is next week and they have a deficit in this budget. The Commission’s issue was with the agreement and it was very specific what the money was going to be for, which has now changed. By the mere fact it is changed, she thinks the Board has an issue with that alone.
Chairman Dallari said he agrees with Commissioner Carey, but the fact some individuals would like to see about putting some private funding together, he thinks they need to try to listen to them. They would like 30 to 60 days. He would like to see a way to let the individuals do that.
Commissioner Henley said he received a couple of calls last night also. One caller indicated they had a private benefactor who wanted to make a proposal and the caller asked if this could be put off for two weeks. He responded it wasn’t critical as far as he was concerned since the Board is not in the process of finalizing the budget. He made it plain that the agreement the Board had does not exist. He said he has no problem delaying this for two weeks. He said he made it plain there would not be $1.2 million available, in his opinion. He doesn’t know if it is critical that they get a definite decision one way or another on this today.
Commissioner Carey said the Board is looking for money in their budget discussions, and they need to know whether they will commit the money or not. She said if it’s two weeks, she is agreeable to that.
Commissioner Henley stated he indicated to the individual that the Board needs the commitment in writing.
Chairman Dallari said that is what he told them as well, that the Board needs an agreement in writing. He said he would like to see this come back to the Board at the second meeting in March.
Mr. McMillan stated the Board currently has a contract and it is still open. If the individuals get the money together and will do the contract exactly the way it is written today, then it is still a done deal. If the Board wants to say that deal is off the table and the individuals can come back with a new deal, that’s different. There is still a legal contract between the three parties. It was drafted in a way that it would go forward immediately, and there was no termination date. It’s been two years now since that was executed. If the Board wants to take that deal off the table, that is fine. His concern is if they get somebody to come and donate the $100,000 to the Boosters, the Board can’t get out of the deal.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to nullify the current School Facility Joint Funding and Use Interlocal Agreement between the School Board of Seminole County, Florida, the City of Lake Mary, Florida, and Seminole County for the Lake Mary High School Swimming Pool; and allow the Lake Mary High School Athletic Boosters, Inc. the opportunity to develop a new proposal.
Under discussion, Commissioner Van Der Weide stated he didn’t mind giving the Boosters more than two weeks because that isn’t much time.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Commissioners gave consensus for this item to come back before the Board at the second meeting in March (March 24, 2009).
Michele Saunders, Community Services Director, addressed the Board to present the request to partner with Seminole Behavioral Healthcare to submit a grant application to the U.S. Department of Justice for their Justice and Mental Health Collaboration Grant Program. She advised the request is for $250,000 over a 30-month period and it requires matching funds. She explained that the match can be in in-kind services. She confirmed for Commissioner Carey that the in-kind services (and no money) will cover the full match amount for the County. She further explained to Commissioner Henley that the in-kind services will come primarily from staff time.
Motion by Commissioner Carey, seconded by Commissioner McLean, to approve to partner with Seminole Behavioral Healthcare to submit a grant application to the U.S. Department of Justice for their Justice and Mental Health Collaboration Grant Program; and authorize the Chairman to execute supporting documents, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tom Helle, Building Department, addressed the Board to request authorization to advertise an ordinance amending Chapter 40, Seminole County Code, to revise the requirements for issuance of competency cards to registered contractors.
Mr. Helle advised Commissioner Carey that the changes they discussed will be made prior to the ordinance coming back to the Board.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to authorize staff to advertise an ordinance amending Chapter 40, Seminole County Code, to revise the requirements for issuance of competency cards to registered contractors.
Districts 1, 2, 3, 4 and 5 voted AYE.
Austin Watkins, Planner, addressed the Board to present request to approve the Final Master Plan and Developer's Commitment Agreement for the Rockefeller PUD, consisting of approximately 28.31 acres, located at the northeast corner of the intersection of International Parkway and Wilson Road. He said staff finds the Final Master Plan and Developer’s Commitment Agreement are in compliance; and they are recommending Board approval.
Mr. Watkins clarified for Commissioner Carey that the proposed Final Master Plan has two access points on Wilson Road and one access point on International Parkway.
Upon inquiry by Chairman Dallari, Mr. Austin stated he was not sure if there had been discussions between the applicant and FDOT on joint use of FDOT’s pond adjacent to this site.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the Final Master Plan and Developer's Commitment Agreement, as shown on page _______, for the Rockefeller PUD, consisting of approximately 28.31 acres, located at the northeast corner of the intersection of International Parkway and Wilson Road, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
County Manager’s Briefing
Ms. Coto advised Item #29, Final Informational Budget Amendment Status Report for FY 2007/08, and Item #30, Informational Budget Amendment Status Report FY 2008/09 for the period ending January 31, 2009, are for information only.
Commissioner McLean asked if it would make more sense to only show on the report the new information instead of the new with the old information because they have already seen that on a past report.
Ms. Coto said it is up to the discretion of the Board.
Commissioner Carey stated she would like to look back during that budget year to see if they have had another project or already done two or three.
Chairman Dallari stated he would like to see the entire picture as well.
There were no objections to staff continuing to provide the Budget Amendment Status Report information as is currently being done.
Tom Tomerlin, Economic Development, addressed the Board to state he and Bill Owen, President of Real Estate Consultants, will brief the Board on the Phase 2 Report for SeminoleWay and present the next steps.
Commissioner Carey asked if the cities took any action on the recommendations of the 10 steps.
Mr. Tomerlin stated the cities basically accepted the report, but there was no formal motion or adoption of any formal action of the report. The cities would like to participate on the town hall meetings. They would like to closely partner with the County in that effort to communicate this to the property owners in a formal manner.
Commissioner Carey asked if staff generated a budget for what the 10 steps would cost.
Mr. Tomerlin said he thinks the budget request would be marginal.
Whereupon, Commissioner Carey said she thinks their role is to encourage the vision and it doesn’t cost any money to do that.
Commissioner Henley said Mr. Tomerlin indicated that the cities want to join with the County, but he noted that all these intersections are in the city and the County doesn’t have any jurisdiction over them. He questioned what does “joining” with the County mean.
Mr. Tomerlin said there has been no decision made about how each property owner meeting would be conducted. He said the cities should take the lead.
Chairman Dallari stated that before staff begins doing community meetings, the Board needs to have what will actually be discussed so the message is all the same and consistent.
Commissioner McLean said he has been involved in a number of meetings with the SeminoleWay initiative. All the partners have been very much engaged in the process. It is the understanding that all parties are going to need to step up when it is appropriate to do so.
Commissioner Van Der Weide stated he thinks they have come a long way with the fact the initiative has County money involved and that is participation in itself. He said the cities are probably looking toward the County, but they don’t want to take over the project.
Commissioner Carey stated she thinks the first step is to talk to the Economic Development Department and point the cities in the right direction.
Commissioner Carey asked Commissioner McLean if the cities have taken the appropriate action they need to on their comprehensive land plans and zonings.
Commissioner McLean stated he doesn’t believe that has happened yet. One advantage of this is to have some commonality of how they all do business. That is the goal and is what they want to get to. That is what all the parties understand.
Whereupon, Commissioner Carey discussed that comprehensive plan changes happen twice a year with DCA (Department of Community Affairs) and she explained how an administrative change can be done.
Mr. Bill Owen addressed the Board to give a PowerPoint (copies received and filed) presentation on the findings of the Phase 2 Report (copy received and filed). He discussed the following topics: Approach to the Project; Phase One – Industry and Facility Analysis – Study Results; Phase One – Industry and Facility Analysis – Recommendations; Phase Two, Three Parts; Phase Two Findings; Part B – Inventory; Property Inventory, Tiered Ranking; Study Area Observations; Opportunities for Focus; Critical Path to Implementation; Technology Convergence; and A New Research Triangle.
The Board directed questions to Mr. Owen.
Commissioner Carey said she thinks it is important that they plan to have community meetings with those who can point people in their direction. She mentioned the EDC (Economic Development Commission), the staff people who are actually out there; the representatives in Orange County who may get a call to go out to Medical City; and others. She thinks it is important that all those players are aware of what is available around them. She included also the real estate community. She said she thinks they need at some point to have some information, maybe a brochure or something like that, sent out to all the real estate people to say the County has this document and it is available for anyone who is trying to locate or people who are willing to help facilitate. She thinks the sooner that happens, the quicker they will see this move forward.
Chairman Dallari suggested Mr. Owen might want to get on the docket for the quarterly meeting of the Florida Association of Realtors to give a presentation.
Commissioner McLean said one thing they have attempted to do is to make this a community-type issue. He had a chance to speak with a couple of representatives in Tallahassee with the idea of putting together a local bill to ask FDOT to designate the area as SeminoleWay and have signage on that. He said he will report on that as he has more information.
Commissioner Carey said one thing different from SeminoleWay and Innovation Way is they took a corridor where they know the transportation exists. A lot of Innovation Way was about why you can’t develop it. She thinks this report makes it very easy. She told Mr. Owen she thinks he did a great job in the product the Board received.
Mr. Owen said they did not get into incentives. It has already been commented that there are assets more important than just cash, like the cooperation of the community and quality of life. He stated there is going to be a lot of folks coming to Lake Nona to be part of Medical City and he thinks there will be a lot of opportunities to ride the coattails of that whole initiative.
Mr. Owen confirmed with Chairman Dallari that Black Hammock and the rural area were excluded from this area.
Dori DeBord, Planning and Development Director, addressed the Board to advise one of the clear goals is to ensure that this is the cities’ time to make sure all the components of SeminoleWay are in and planned. The County is working with the cities to make that happen. She and Commissioner McLean have spoken and she mentioned it to the other directors about trying to work through interlocal agreements that would help with expediting permitting available and other things they can work on and adopt together. They will handle all these as one package instead of separating them between two jurisdictions. She said the staff can work on a lot of things at the same time. They wanted to get this Phase 2 Report to the Commissioners to make sure they are on the right track and now they can move forward with a lot of the implementations.
Chairman Dallari reiterated he thinks it is critical that the same message is portrayed.
Ms. DeBord stated she has offered herself and her staff to put together these meetings so that they all understand where they will be going with this.
Chairman Dallari asked about increasing the density in certain intersections.
Ms. DeBord said she will have to check on that as they are looking at land uses being consistent with SeminoleWay-type corridors.
Commissioner McLean complimented Ms. DeBord, Mr. Tomerlin and their team for doing a good job. He said he wants to make sure the cities are engaged. They have four partners and it will not work without that relationship. He added that he has been very pleased with the meetings he has attended.
Chairman Dallari recessed the meeting at 10:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Clerk of Court Maryanne Morse entering late), with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
Maryanne Morse, Clerk of Court, entered the meeting at this time.
NON-AD VALOREM ASSESSMENT FOR
Proof of publication, as shown on page ________, calling for a public hearing to consider request for approval of a Non-Ad Valorem Assessment for Stormwater Management, received and filed.
Kathy Moore, Fiscal Services, addressed the Board to state the purpose of this public hearing is to consider adoption of a resolution declaring the Board’s intent to use the uniform method of collection for non-ad valorem assessments. The uniform method of collection is the use of the annual property tax bill for billing and collection of the ad-valorem and non-ad valorem assessments. The adoption of this resolution satisfies the requirements noted in the Florida Statutes for providing advance notice to the Tax Collector, the Property Appraiser, and the public that the Board would collect any such assessment via the uniform method of collection. The resolution relates only to the Board’s selection of a method of collection of non-ad valorem assessment. The resolution does not require the Board to levy an assessment, but if the Board chooses to levy a non-ad valorem assessment at a later date for any authorized purpose, the assessment would be subject to a separately advertised public hearing and notification of the proposed assessment.
Upon inquiry by Commissioner McLean, Ms. Moore advised what they are looking for is a method of collection and nothing else.
Upon inquiry by Commissioner Henley, Ms. Moore advised if there are any additional categories for assessments they would need to do that by March 1st.
John Horvath, 1004 Bradford Dr., addressed the Board to speak in support of the request. He stated Seminole County’s budget for stormwater management is under the General Fund and the County spends around $9 million for stormwater. He said the non-ad valorem assessment would be based on the square footage of a housing unit and that is a fair way of assessing tax bills. He said no one likes new taxes or fees but this is a better way. He added the money that is in the budget now can be used for other services that are generally funded and that needs to be looked at. When the County enacted the fire tax in 1974 or 1975, it was a bad economic year and that has been proven successful.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
Motion by Commissioner McLean to adopt appropriate Resolution #2009-R-39, as shown on page _________, of Intent to Use the Uniform Method of Collection for non-ad valorem assessment for stormwater management and other authorized purposes, as described in the proof of publication.
Commissioner Carey seconded the motion for point of discussion.
Commissioner Carey stated the Board has talked about this as being another tool in the tool box, but due to the economic times, she doesn’t think another tax is a good idea. She stated it sounds like this is an indication that there will be a stormwater report and this would be the vehicle that they would use and that is not her intent. She said having this ordinance on the books gives the Board an option of using the uniform method of collection and that’s it. Unfortunately, when the Board takes action she thinks staff takes a reaction. She said she wants to be clear that is not her intent.
Cindy Coto, County Manager, stated when she spoke to each Board member, staff understood that they would have multiple budget work sessions and they will be presenting ideas and concepts. The Board will be providing staff some direction as to whether or not those concepts are acceptable. If the Board chooses not to implement the resolution, staff doesn’t interpret it as anything other than a potential tool at the Board’s discretion.
Commissioner Carey stated she is in support of using this for this year and they would have to have it in place, but she is not convinced that this is something they should do.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSOLIDATED STREET LIGHTING ORDINANCE
Proof of publication, as shown on page ________, calling for a public hearing to consider the Consolidated Street Lighting District Ordinance, repealing Ordinance #2008-3 adopted January 8, 2008, received and filed.
Kathy Moore reviewed the proposed request as outlined in the agenda memorandum. She stated the street lighting in Seminole County is funded publicly through non-ad valorem assessment or privately by individual associations or other organizations. The publicly-funded street lighting is coordinated through the MSBU program. The street lighting is funded through special assessments levied against properties receiving benefits from the street lighting. The levy assessment varies and is determined through cost allocation, calculated according to the type and number of lighting units and the number of properties benefiting from the street lights in a specific geographic area. The MSBU program currently manages about 390 street lighting MSBUs and they are governed collectively through a consolidated street lighting district ordinance. The ordinance is reviewed, amended and recodified annually. The 2009 revisions include the addition of five new MSBUs supported through the community-based application and petitioning process. It includes improved language to clarify the administrative actions and to ensure continued integrity between the common benefit and the cost allocation according to land use, land development and other criteria that is established for assigning and levying the assessments for street lighting. It also includes recommendations for improving and ensuring the integrity between common benefit and cost allocation.
Robert McMillan, County Attorney, left the meeting at this time.
Ms. Moore stated the new MSBU supported by the community and initiated applications are as proposed: Acuera (District 5); Hanover Pointe (District 4); Markham Forest (District 5); Regency Estates (District 1); and Sandy Lane (District 3). The administrative modifications recommended for 2009 are identified and defined in the ordinance. The MSBU program is retracting the recommendation to add Shannon West and the merge for Sterling Park, which was the MSBU’s #037 and 149. If the ordinance is adopted by the Board, these two action items would be removed prior to execution. The proposed ordinance will repeal the existing ordinance and an amended ordinance will be established. This includes the existing MSBUs, new MSBUs supported by community initiated application and petition and the recommended administrative revisions. If approved, the ordinance will be effective October 1, 2009. Staff is recommending approval of the ordinance.
Commissioner Carey stated there are 24 parcels under Sandy Lane involving Phase I and II, but then there are 6 individual parcels. She asked if the six individual parcels requested to be included in this.
Ms. Moore advised the petition process included those 30 properties and the petition carried approximately 55% support within those properties. She stated the six parcels are not part of the subdivision one and two.
Upon further inquiry by Commissioner Carey, Ms. Moore advised two of the MSBUs are in that vicinity. One is for Sandy Lane and that is for all the properties that abut Sandy Lane or access their property via Sandy Lane. That is the one that is being requested for approval. The second MSBU is called Sandy Lane Reserve and that is specifically for the Phase One and Phase Two properties that are on the individual streets of the subdivision.
Upon inquiry by Commissioner Carey, Ms. Moore advised staff sends individual documents to each property owner benefiting from the street lights and those were given an opportunity to respond whether they are in favor or opposed to it.
Commissioner Carey stated her concern is the residents have to drive down Sandy Lane to get to their subdivision. There are individual property owners who are not part of the subdivision and many of them didn’t request to be included in this. Staff just chose to include them because they felt the residents are going to benefit from this.
Ms. Moore stated they benefit according to the guidelines in the MSBU program for determining benefit, and the lights along Sandy Lane are installed in the easement along the six properties.
Upon inquiry by Commissioner Carey, Ms. Moore advised the street lights were installed by the power company without the homeowners requesting them.
Commissioner Carey stated, theoretically, she has an issue with the whole process. She stated the people along Shannon West did not vote to have street lights and now they are being included because they drive through a subdivision that voted to have them.
Commissioner Van Der Weide stated obviously all the property owners benefit from this. He stated in all good judgment, he cannot see how they can have them meet all the qualifications and requirements without having them included.
Commissioner Carey stated she understands that when a person buys a house in an MSBU program, they would know that is part of their financial obligation. The other way is the homeowners association would come to the County asking for street lights to be added and 65% of them are willing to pay for it. She stated these people have not been asked their opinion on this. The Board has the authority to put MSBUs in place, but there are a lot of people that benefit from it but do not pay for it.
Mr. McMillan reentered the meeting at this time.
Commissioner Henley stated he understands Commissioner Carey’s concern. He stated every MSBU that the Board voted in, he doesn’t recall any of them being 100%. A lot of them voted against it, but the majority rules.
Ms. Coto stated the purpose of this ordinance was to create equity among all the property owners. When staff reviewed it, they determined that there were benefits being received by property owners who were not paying for it. A greater burden was being placed upon a smaller number. Staff reviewed it and said these individuals are benefiting from it, therefore, they should be part of the MSBU for street lighting. She understood that all of those individuals who may not have been in the MSBU in the past were notified of this action so they had an opportunity to review it and make the Board aware of their concerns.
Commissioner Van Der Weide stated Commissioner Henley brought up a good point. What he is seeing here is something that meets all the criteria and if they want to exclude every street or individual who didn’t vote for the MSBU, then they would really have a mess on their hands.
Commissioner Carey stated she is not suggesting that they be excluded. If a homeowner’s association requests an MSBU and the majority of the association votes for it, then the whole subdivision would benefit directly. She stated when individual lots are being pulled in from outside the subdivision, then she would question why they are doing that.
Commissioner Van Der Weide stated they are going into individual tax records whether it is or isn’t in the subdivision. The individual property owner benefiting from this is taxed. He said they are benefiting from it and he doesn’t have a problem with it.
Upon inquiry by Commissioner Henley, Ms. Moore advised the light bills have been paid in the past through the Sandy Lane Reserve MSBU up until a new application was submitted. She stated they were not included in the past and did not pay for it.
Upon inquiry by Commissioner Carey, Ms. Moore advised she doesn’t know the exact number of years that the lights have been there.
Commissioner McLean stated he tends to agree with Commissioner Carey’s comments about individual lot owners not being asked in the process. He stated if they are benefiting from the situation, then they should share in the cost.
Commissioner Carey stated she would like to know how the individual lot owners voted on this when they were asked the question.
Ms. Moore stated it was done but she does not have it with her.
Commissioner Van Der Weide stated he lives in Sweetwater and the homeowners association directly paid for the street lighting. It got to be a burden so they went to the homeowners to see if they wanted to place the street lighting fees on their individual property taxes. Not everyone voted for it but it met the criteria.
John Horvath stated this is an annual update to the street lighting district and this year they consolidated some in the same subdivision and put them under one MSBU. He said he feels this is an official way to operate street lights. He stated if you look at all the original homeowners in the Howell Estates subdivision, there were about 5 or 6 original homeowners. If the Board tries to nitpick, they are not going to satisfy everyone. They have to take the good with the bad and that is part of living in a democracy. The MSBU program started in 1975 and there were over 390 districts and that was the same time as the downturn of the economy. This has been popular over the years.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt the Consolidated Street Lighting District Ordinance #2009-6, as shown on page _________, repealing Ordinance 2008-3 adopted January 8, 2008.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey voted NAY.
Chairman Dallari stated he would like to make the Board aware that the attorney for the VAB has submitted a bill for her fees in the amount of $239.90.
Chairman Dallari recommended appointing Dr. Joseph Vaughn to the Animal Control Board for a 1-year term ending 01/01/10 to fill the vacancy for a Doctor of Veterinary Medicine.
Motion by Commissioner Carey, seconded by Commissioner McLean to appoint Dr. Joseph Vaughn to the Animal Control Board to fill the vacancy for a period of 1-year ending 01/01/10.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recommended appointing William B. Carpenter to the MetroPlan Orlando (MPO) Citizens Advisory Committee for a term ending 01/01/10.
Motion by Commissioner McLean, seconded by Commissioner Carey to appoint William B. Carpenter to the MetroPlan Orlando (MPO) Citizens Advisory Committee for a term ending 01/01/10.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated he spoke to the County Manager with regard to the Board meetings in May. He stated he and Ms. Coto would like to eliminate one meeting in May. He recommended scheduling the one meeting on May 12, 2009.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to eliminate one meeting in May and schedule the meeting on May 12.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated he would like to get consensus from the Board regarding holding off all of the Employee Program budget items until further notice. He stated he would like Board’s consensus to ask the County Manager to hold off on all of those expenditures until they can go through the budget. The Employee Benefit Program comes up to $86,000 and he would like to see, once they start the budget work sessions, where they are going. The shortfall is $41 million and the Board needs to look at every item.
Commissioner Carey stated she has been going through some of the budget items they have for the current budget year. She stated in looking at different departments and different things, she feels that $86,000 is just a portion of it. The items for picnics, retirement, etc. are worth $18,000 and she would like to see it be a little broader by holding up on those things.
Chairman Dallari stated up until the time they have their budget work sessions, he doesn’t want to spend any money unless it is crucial to perform the duty and responsibility of those positions. Commissioner Carey agreed and the Board consented to same.
Ms. Coto stated staff has already set the date for the employee recognition luncheon and she would like to know if the Board would like to cancel that. She stated they already expended $1,434.85 for the ink pens and are in the process of ordering the awards, and she would need direction from the Board to see if they want her to cancel that process. She added they already received the ink pens and they need to pay the vendor.
Chairman Dallari stated that’s fine if staff has already received the product, but he doesn’t think they should spend money on anything else going forward.
Commissioner Carey stated a date was scheduled for the volunteer dinner and they scaled it back. She stated she feels their money can be much better spent. She added none of the items are huge amounts, but they need to start somewhere.
Commissioner McLean stated he feels they need to be careful with statements about money being better spent. It could be a situation where they don’t have it to spend. He asked if there are other commitments for the dollars beyond the $1,400 that was mentioned.
Ms. Coto stated she doesn’t know and she would need to check with staff to see if other items were ordered. If they are in the ordering process and they have the ability to cancel them, then staff will do so.
Commissioner McLean stated he feels they should have that information in order before making a definitive decision.
Commissioner Van Der Weide stated as far as hotel reservations, Ms. Coto needs the discretion to know the intent of this Board would be to back out of it if she can.
Commissioner Carey stated she can remember a time when everyone got recognized with a proclamation or resolution. She stated the employees feel that the better use of their money is to keep them employed and keep their benefits the same. She said she feels that everyone is concerned about what they are doing with their dollars and how they can keep this organization strong.
Chairman Dallari stated the County does have great employees, but the issue is how to best spend the limited amount of funds they have.
Commissioner McLean stated he feels the prudent thing to do is to have that information prior to making a decision.
Commissioner Carey stated in dealing with some of the hotels over the years for some of the community events, the hoteliers would work with the County to allow them to put up a deposit and push it out to a further date. She said she would like to get a report on that before the next Board meeting.
Commissioner Van Der Weide stated he feels the County Manager has to have the authority to do this between now and then. The closer you get to that date, the less apt the hotels are willing to make an exception because they have plans as well.
Commissioner Henley stated a year ago, this Board directed the County Manager to reduce staff significantly and make other adjustments in the budget. He said he feels if they are going to pick and choose, they should go back to the budget and single out items that they can do without. He said he feels more information on those items that are not essential should be given consideration. He said he agrees that Ms. Coto needs as much time as possible to undo things if it is the Board’s intent. He stated he feels they need to scrutinize the budget and not just be satisfied with this one item.
Commissioner Carey stated she agrees to a certain degree with Commissioner Henley. She said she heard the number is $7 million in this current budget year that they are going to have to find and it is rising. The County can’t wait until mid-year to adjust the budget and that needs to be done right away.
Chairman Dallari stated he believes what he is hearing is to ask the County Manager’s direction and to report back to the Board.
Commissioner Van Der Weide stated the County Manager needs the flexibility to do things that she cannot undo later.
Commissioner Carey stated if this information cannot be submitted by the March 3 work session, then it needs to be done no later than the first meeting in March.
Ms. Coto clarified that staff’s intent on the March 3 work session was to provide an update of where they stood fiscally, also provide some options available and to receive feedback from the Board. She said she will be working with Fiscal Services during the balance of this week to go through the service levels inventories. They will be looking through each department and program and they will be making recommendations as it relates to what is in and what is out. The zero-based budgets the departments are working on are not due to Fiscal Services until this Friday. Staff will be working with that information through April, and work sessions are already scheduled in May to present that information to the Board. She said her concern is they can piecemeal this or do it holistically, and by May they would be able to inform the Board of their recommendations as it relates to programs and expenditures. The department directors know not to expend dollars, even if it is in the budget, if it is not absolutely necessary.
Commissioner Carey stated she knows that laying out the options and zero-based budget, the Board needs some preparation of what staff’s recommendation is on the $35 million they need to find for next year. However, in the past week, she has seen invitations come out from various departments for some of those events. She added she asked why are these things being done, and their reply was because it is in the budget. She thinks what the Chairman is trying to say, even if it may be in the budget, they need to stop the bleeding as quickly as possible. She added that she is in support of doing that.
Chairman Dallari stated he believes there are things that they can continue to cut that are not essential to the operations. There are things in the budget that are nice to have but those need to be frozen. Until they understand where the budget is and where they are cutting it, they shouldn’t be spending anything unless it involves essential services to do the job.
Commissioner Carey stated she would agree with that.
Commissioner Henley stated he doesn’t disagree with that, but he disagrees with trying to piecemeal the situation. He said he feels they need to take a look at the whole picture so they can make decisions based upon the total picture rather than an item that someone brings up. Then they can set priorities on which they can put a freeze on it.
Chairman Dallari stated the Board will be finding out in May where they are in the budget. He stated some of these items can be postponed until after May.
Commissioner McLean stated he feels the Board needs to be careful that they don’t send out the wrong message. He said he agrees with Commissioner Henley that they need to look at a holistic approach to that. The process is to have that information in the main time frame.
Commissioner Dallari stated the Board is looking at different ways of doing cost-saving measures and looking at efficiencies and processes. He said he would like a letter signed by each Board member sent to all County employees asking for their input.
Ms. Coto advised they have reached an agreement with UCF to have two graduate students, throughout the month of March, doing focus groups with all employees. Those students will be presenting a report to her and then that will be shared with the Board. She stated they will be seeking input on all the programs and cost-cutting ideas.
Commissioner Carey stated she feels that is an excellent idea and staff can use that same letter as a reinforcement of letting the employees know that their input is important. She said the two graduate students may not have the opportunity to see all the employees in the County to get their input. She added she feels that by sending that message from the BCC, it would make the employees feel that their input counts and it would reinforce the Board’s support for them. The letter could be put in their next pay checks.
Commissioner Van Der Weide stated in principal, he doesn’t have a problem with that, but he feels that would interfere with the County Manager’s day-to-day operation. He believes they can get that information without going through this process. It bothers him to move forward with that because he has a concern with where they would be in interfering with the County Manager’s job.
Chairman Dallari stated his intent was not to interfere with the County Manager.
Commissioner Carey stated she feels the employees know that they work for the County Manager and when decisions are made by this Board on what the funding is going to be, Ms. Coto will have to work with that. She stated when they are looking at how things are going to cut costs, the Board has the final decision. It is important that the employees know they are free to make any suggestion.
Commissioner Van Der Weide stated he is not against anything in principle what they are suggesting, and he has an open door and open e-mail policy for the employees to contact him.
Commissioner Henley stated he feels the County Manager has indicated that they have a process in place and he doesn’t think they have ever indicated to the employees that they don’t have the freedom to send the Board e-mails. The County Manager has the responsibility of preparing the budget. Once it is turned over to the Board, then it is the BCC’s budget and they make the final decision. He stated he has every confidence that Ms. Coto already has a plan in place to get that information to them. The Board needs to be sensitive to the fact that the Charter is very plain about the Board doing things that interferes with the day-to-day operation of County government. He said he is not that concerned that they will not get that information regardless what the recommendations are. He added he would like to see the Board move forward in an orderly fashion.
Commissioner McLean stated perhaps the tone of the letter might be an idea of reinforcing the initiative that the County Manager has already taken.
Upon inquiry by Commissioner Carey, Mr. McMillan advised there is no legal reason why they cannot send a letter of reinforcement to the employees encouraging their input.
The Board consented sending a letter to the County employees to get their input with regard to the budget. The Chairman stated he will give the commissioners an opportunity to review the letter before it is sent out.
Chairman Dallari stated there was discussion at the Mayors/Managers meeting with regard to the schools’ portion of the one-cent infrastructure sales tax going towards not just infrastructure but also operation. He said he would like to know if the Board would agree to bringing this issue to the State to see if they would allow that to happen in the future.
Commissioner McLean stated this is not a situation where they are talking about additional monies, but it is a matter of the school districts having flexibility. He said having that flexibility makes sense and it is something that has a chance of giving them some momentum.
Commissioner Henley stated he wouldn’t have a problem with requesting more flexibility, but he doesn’t want to confuse the issue because they have several things they are trying to promote. Some of them he may agree with, but there are some that he doesn’t agree with.
Commissioner Dallari clarified that it is for the existing one-cent sales tax.
Upon inquiry by Commissioner Carey, Mr. McMillan advised the current legislation requires the sales tax to be used for infrastructure. He stated he understands that under the proposal the legislation would be modified to allow it to be used for operation.
Commissioner Carey stated one of the concerns she and the School Board has is, when this penny sunsets, the only time they can go back to the voters will be 2010 to discuss additional funding. If the School Board is asking for additional ad valorem tax or sales tax and they are trying to be on the ballot at the same, then they will be doomed to fail.
Chairman Dallari stated the conversation they had at the Mayors/Managers meeting was they would have no problem with using 25% of the schools’ portion of the penny tax for operation.
Commissioner Carey stated the memo sent to the School Board by the County Manager talks about the fact that the revenues have not been as great as they thought. She asked if they are willing to do the sales tax initiative and not pursue the other legislative remedies they are asking for.
Chairman Dallari stated that was his understanding at the Mayors/Managers meeting.
Upon inquiry by Commissioner Henley, Ms. Coto advised she understood that as well, but there are other school boards out there as well, and there are a lot of bills flying around as it relates to this particular subject.
Commissioner Van Der Weide stated the school system wanted to participate in the sales tax initiative and it was agreed that they could participate with the 25%. He stated as far as he knows there is no legislation that has changed that. He said what Commissioner Henley is trying to say is they need to nail this down on what their real intent is.
Chairman Dallari stated he would be happy to speak to the School Board with regard to bringing back an agreement.
Commissioner Carey stated Seminole County needs to see what bills have been passed by the Legislature. If the Florida State School Board Association pushes other things and if those bills get implemented, even though it may not be the intent of the Seminole County School Board to go after them, once it becomes an option they may want to cover all of their options. She said she feels it should be well coordinated from the beginning but they do not need to lose sight of what they can end up with.
Commissioner Van Der Weide stated when the natural lands went to the voters last time, it was the first time it failed. He stated he doesn’t want to have it where they don’t have creditability with the citizens in which they start turning down these initiatives. It has to make sense.
Chairman Dallari asked the Board if they want him to come back with something from the School Board.
Commissioner Van Der Weide stated he feels they need to get something showing what their intent is.
Commissioner Carey stated Ms. O’Bryan could touch base with the local representatives to find out what kind of things are being floated out there.
COMMUNICATION AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated 2/9/09 from Mayor David Mealor, City of Lake Mary, to Chairman Dallari and Dede Schaffner, Seminole County School Board, re: Lake Mary High School swimming pool.
2. Letter dated 2/5/09 from Pat Lee, Office of the Sanford City Clerk, to BCC re: re-appointment of Vice-Mayor Randy Jones as a voting member, re-appointment of Sanford Economic Development Director Bob Tunis as Alternate, and re-appointment of both Sanford Planning & Development Director Russ Gibson and Bob Tunis as staff representatives on the U.S. 17-92 RPA.
3. Letter dated 2/5/09 from Pat Lee, Office of the Sanford City Clerk, to BCC re: representation by Mayor Linda Kuhn on the Mayors & Managers Council as well as on the Tourist Development Council and Joint City/County Advisory Committee along with Sanford Commissioner Art Woodruff.
4. Copy of letter dated 2/4/09 from Michele Saunders, Community Services Director, to Gregg MacDonald re: re-appointment to the Local Health Planning Council.
5. Copy of letter dated 2/4/09 from Michele Saunders, Community Services Director, to Dr. Marie Jose Francois re: re-appointment to the Local Health Planning Council.
6. Copy of letter dated 2/2/09 from Gwen Keenan, FL Div. of Emergency Management, to Alan Harris, Seminole County Office of Emergency Management, re: review of the Seminole County Comprehensive Emergency Management Plan on 4/21/09.
7. Letter dated 1/31/09 (with attachment) from Sam Stark, Jonathan Mousseau, Tom Hagood and Bruce Skwarlo, Central FL Sports Commission, to Chairman Dallari re: December 2008 monthly activity report.
8. Copy of letter dated 2/10/09 from Julia Thompson, Parks & Recreation Manager, to Midge Berrong and Denise Legan in appreciation of donation in memory of Marie Church.
9. Memorandum dated 2/9/09 from Deborah Schafer, Seminole Soil & Water Conservation District Chairman, to BCC re: 3/5/09 Seminole County Water Conservation Summit.
10. Copy of letter (with attachment) dated 2/12/09 from Gerald Paradise, Casselberry Community Development Director, to Cindy Coto, County Manager, re: voluntary annexation request for 616 Lake Howell Rd.
11. Copy of letter (with attachment) dated 2/12/09 from Gerald Paradise, Casselberry Community Development Director, to Cindy Coto, County Manager, re: voluntary annexation request for 350 Anchor Rd.
12. Copy of letter (with attachment) dated 2/12/09 from Gerald Paradise, Casselberry Community Development Director, to Cindy Coto, County Manager, re: voluntary annexation request for Parcel ID 20-21-300-0A1H-0000, Wilshire Blvd. south of SR 436.
13. Copy of letter (with attachment) dated 2/12/09 from Gerald Paradise, Casselberry Community Development Director, to Cindy Coto, County Manager, re: voluntary annexation request for Parcel ID 20-21-30-300-0A1C-0000, Wilshire Blvd. south of SR 436.
14. Copy of letter (with attachment) dated 2/12/09 from Gerald Paradise, Casselberry Community Development Director, to Cindy Coto, County Manager, re: voluntary annexation request for 958 Laura St.
15. Letter dated 2/13/09 (with attachments) from Donna Gardner, Casselberry City Clerk, to Chairman Dallari re: annexation of 1635 SR 436.
16. Letter dated 2/13/09 (with attachments) from Donna Gardner, Casselberry City Clerk, to Chairman Dallari re: annexation of 309 Concord Dr.
17. Letter dated 2/13/09 (with attachments) from Donna Gardner, Casselberry City Clerk, to Chairman Dallari re: annexation of 934 Laura St.
18. Letter dated 2/13/09 (with attachments) from Donna Gardner, Casselberry City Clerk, to Chairman Dallari re: annexation of 404 Lotus Ln.
19. Letter dated 2/13/09 (with attachments) from Donna Gardner, Casselberry City Clerk, to Chairman Dallari re: annexation of 477 Lake Howell Rd.
20. Letter dated 2/13/09 (with attachments) from Donna Gardner, Casselberry City Clerk, to Chairman Dallari re: annexation of 571 Ruby Ct.
21. Copy of letter dated 2/18/09 from Mike McDaniel, FL Dept. of Community Affairs, to Chairman Dallari re: Comp Plan Amendment DCA #08-2ER adopted 12/9/08.
22. Letter dated 2/13/09 from Sharon Tabori, Rockwell Collins/SEOS Ltd., to BCC re: SEOS Ltd. withdrawal from State of FL Qualified Target Industry Tax Refund Program.
23. Memorandum dated 2/11/09 from Jane Peterson, Library Services Director, to BCC and Maryanne Morse, Clerk of the Court, re: Quarterly Library Fines & Fees Report.
24. School Board of Seminole County February 2009 Excellent & Equity Report.
25. Letter dated 2/10/09 from Mayor John Bush, City of Winter Springs, to Chairman Dallari re: Winter Springs approval of Sanford Commissioner Art Woodruff to serve on the Seminole County Expressway Authority.
26. Letter dated 2/11/09 from Janet Dougherty, Sanford City Clerk, to Chairman Dallari re: endorsement of CALNO recommendation to re-appoint Commissioner Art Woodruff to the Seminole County Expressway Authority.
27. Memorandum dated 2/11/09 from Lorraine Hajeski, Support Services Manager, to BCC re: current records destruction eligibility list.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner McLean complimented the Chairman and staff for doing an excellent job at the State-of-the-County luncheon on February 13 at the Altamonte Springs Hilton. He said the attendance was great and he is looking forward to next year’s event.
Commissioner McLean stated the Legislative Committee for Intergovernmental Relations will be having their next meeting in Tallahassee on March 9 at 4:00 p.m. at the Senate Office Building. He stated since he will be there, he will be glad to bring up the County’s legislative agenda. He said since the Chairman brought up the idea of flexibility with the school districts, he would like to know if the Board is comfortable bringing that to their representatives attention as well as the Legislative agenda.
Commissioner McLean submitted a letter (received and filed) from the St. Johns County Board of County Commissioners. He stated the letter indicates that St. Johns is in support of their public schools and to looking for any type of revenue funding that makes sense. He suggested that the Board review same to see if they are comfortable with joining in on this type of issue.
Upon inquiry by Commissioner Carey, Commissioner McLean explained the reason for bringing this to the Board today. He stated he doesn’t have a problem with the County Manager drafting something and bringing it up at the next Board meeting.
Commissioner Van Der Weide stated District 3 seems to be functioning well and the Regional Planning Council is in the process of relocating to Altamonte Springs. The Planning Council has to get out of the building due to the widening of I-4 and the lease to the building is up. The County will be saving some money on that.
Commissioner Henley stated there has been a lot of misinformation with regard to the bids for Sun Rail. The bids were opened and they were satisfactory to FDOT regarding building the train tracks, etc. The Sun Rail seems to be moving along through the committee process but there still needs to be diligence in trying to correct all the misinformation that has been thrown out because it is a moving target. There’s still a big problem in getting the numbers that are needed. He stated he would like to see this Board support sending a letter or resolution to each delegate member regarding the expansion of gambling. There has been a great effort being made in this County to try to expand it. A gambling industry from Virginia is trying to submit proposals in which they guarantee $500 million in addition to taxes. He said that causes him to think how many people would have to lose money in order for them to be able to pay that kind of a guarantee to the State in addition to all the taxes that are being paid. He stated he feels they would be better off letting the people keep their money rather than going that means to get it. There have already been efforts in this County to expand the card rooms and now they are looking at all the dog tracks opening up and expanding gambling. The Board needs to be very plain as to what their position is in this County.
Upon inquiry by Chairman Dallari, Commissioner Henley advised he has no problem sending a letter to the Legislative Delegation as well as the surrounding counties. He stated he feels that Ms. Coto and Mr. McMillan can draft that letter.
Commissioner Van Der Weide stated he has had some discussions with Attorney Rick Nelson who represented the County on adult entertainment. He stated Mr. Nelson volunteered his services during that time and it took him a period of 2½ to 3 years but he ended up winning a lot of cases. He is involved with a lot of people and he knows a lot of people that are opposed to it, and he will be getting back to the Board.
Chairman Dallari requested that the County Manager draft a letter and submit it to the Board for their signatures.
Commissioner Henley stated the backers are in Debary trying to get horse racing and card rooms in that area. He stated the County needs to oppose any gambling expansion that is trying to go through legislation.
Commissioner Carey stated over the last four years she was involved in the Wekiva Parkway and Protection Act. She said the Dept. of Health Technical Review and Advisory Panel (TRAP) have been conducting meetings about septic tanks and their impact to the Wekiva River. There have been a number of studies done and the Legislature committed $1 million to the Dept. of Health for them to do a further study. A copy of the Summary Fact Sheet and Time Line for same was received and filed. The Department of Health (DOH) has decided to move forward with the rulemaking and not wait for those studies. The DOH’s current proposed rules went to the TRAP Committee on February 19 and they voted to table the proposed rulemaking until such time the study just funded last year is completed. She stated this would have a huge financial impact to the citizens of this County. There are 13,000 septic tanks within the Wekiva area and it would cost all the residents of Seminole County almost $200 million to replace them. The new rule is if a new septic tank is installed or any repairs or modifications are needed to an existing septic tank, they would need to go with a new system and that would require a lot of electricity. The way to avoid that is they go on central sewer by 2012, but that will not happen because no central sewer is anticipated in Wekiva Basin area. The other part of that rule states if your property transfers ownership, before a deed can be transferred, a new septic tank would have to be put in. There are over 51,000 septic tanks in the Wekiva Study Areas of Orange, Lake and Seminole Counties and the citizens would be required to pay $3/4 billion. Since Orange County took action at their last meeting a letter was sent to the Dept. of Health identifying those issues. She met with House Representatives Dorworth and Plankin and Senator Baker about this issue. She said she also has had correspondence from the Governor on this and since a lot of the districts are affected by this, she would like to bring this to the Board in hopes that they can take some action and identify their concerns.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to authorize sending a letter to the Dept. of Health, Governor Crist, and all the representatives to let them know that Seminole County would like them to wait on this action until the study is complete.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated the other concern she has on this is if the argument is the septic tanks that are currently being used are not safe for the environment, then the next thing is any septic system near a water body is going to be impacted and it would become a standard instead of becoming an option.
Commissioner Carey stated National County Government Week is in May and she wants to be sure that a Resolution is on the April agenda. She stated their theme this year is “Greening Our Future”. This is a reminder from NACo about different things they can do in the community to make sure they are protecting the environment for future generations.
Commissioner Carey stated she attended MyRegion meeting last Friday and it was very well attended. She stated the Leadership class from Orlando as well as a number of other citizens interested in this topic attended the meeting and a survey was submitted asking them to rank the top issues of transportation. The number one issue was dedicated funding, and the other issues were educating the public and connectivity.
Commissioner Henley asked if the other Board members received a copy of Mr. McCollum’s memo relating to the Altamonte Springs post office. He stated the USPS expressed interest in discussing with the Board about acquiring this property. He requested that Ms. Coto pursue that.
Jerry McCollum, County Engineer, addressed the Board to state he spoke to the Department of Transportation to be sure that they are trying to work on a cost-sharing arrangement with all parties. He stated he wanted to make sure that the County does not do anything to jeopardize the federalization of it. He said he expects to hear something from Mr. Levitz and he will send a final letter to the post office.
Commissioner Henley stated Congressman Mica indicated he would help the County in getting that issue taken care of.
Commissioner Carey reported she and Ms. O’Bryan had an opportunity to meet with Congresswoman Kosmac last week to discuss some of their federal legislative ideas and to discuss some of the funds that have been appropriated for SR 46.
COUNTY MANAGER’S REPORT
Sabrina O’Bryan, Assistant County Manager, addressed the Board to state staff has received final notification from the Federal Lobbyist (Alcalde & Faye) regarding the status of the funding request for SR 46 and the commuter rail stations. In terms of preparation for this year, that is normally filed and approved in the fall and it was held off this year until this week. She stated $570,000 has been identified for the SR 46 expansion project and $1.4 million for commuter rail bus stations.
Upon inquiry by Commissioner Carey, Ms. O’Bryan advised she has not received word back on the status of the $500,000. She said she will check into that and get back with the Board.
Ms. O’Bryan asked that Mr. McCollum update the Board on the MetroPlan prioritization of the projects and funding they will receive through the American Recovery Act.
Mr. McCollum stated staff has been working with the Department of Transportation relating to the projects. What is occurring is a lot of the local city projects are falling out and staff has a list and they are ready to absorb the monies. It does appear that they probably will, in terms of the County’s share of money, get more than they anticipated. Originally, there was no money for enhancements but they do have a railroad bridge on the Cross Seminole Trail that needs repair. There is a good chance of getting approximately $1 million for the repair of that. He stated most of the cities are not certified, therefore, they cannot do the work. The city has asked the County to assist in the work. Once staff has received federal authorization on County projects, with the Board’s direction, he will be happy to help out.
Ms. O’Bryan stated the Grants Review Team is currently evaluating approximately 100 grant opportunities where federal dollars will be opened up. Announcements will be made on March 9 as to which programs will be rolling out. She said staff is evaluating those announcements before they actually come out and staff will be ready to respond and act on those grant applications. She stated Jennifer Bero, Fiscal Services, is working very closely with the Grants Review Committee and the Legislative Groups so they can make sure they will be ready to respond on those.
Ms. Coto stated she sent an e-mail to the Board on February 16 as an update on Sun State Trees. She added based on the action the Board did on December 9, 2008, she has asked staff to check and see what type of activity is occurring on this site. Sun State Trees is continuing to operate at the site. The direction to them was all they can do is remove items from the site. She said staff will be bringing that information to the Board to see if there is any other action they wish staff to take.
Commissioner McLean stated it appears from the information he has that none of the Board’s expectation have been achieved. Unless he sees a scenario where they can move forward to bring this business into compliance, he is wondering if there is any other way they can go other than a legal one.
Commissioner Henley stated this isn’t the first situation they have had with that particular company. He said they do good work for the community, but the important thing is they have rules and regulations that they have to comply with. The problem is they broke the rules and created problems at the property along Longwood Hills Road. An arrangement was worked out with them so they would move off the lake by the school under specific conditions. He stated the problems still exist and he doesn’t see any major effort from them of trying to move stuff off that property. They have the equipment to clean that site in less than a week. He added he has concerns that a business continues to ignore the Board and if they can do it, so will others. He stated the Board may need to authorize the County Attorney to send them a letter instructing them that the County will take legal action unless they comply.
Mr. McMillan stated he can send them a letter indicating that they need to cease those operations on the site. He suggested that they initiate appropriate action if they fail to do that. What they would do is file an injunction to prevent them from doing that activity since they don’t have a COPCN.
Commissioner Henley stated he would prefer giving them a notice, and if they do not comply by a certain date then they will take legal action.
Mr. McMillan stated he will draft a letter.
Chairman Dallari stated he believes there is consensus to authorize the County Attorney to draft a letter, as shown on page ________, to be sent to Sun State Trees.
Mr. Coto stated she received an electronic letter from the City Manager of Casselberry requesting that he explore the possibility of merging their fire department with Seminole County. She said she informed the City that before she would enter into any type of negotiations that the City would have to submit a letter so she can seek direction from the BCC.
Commissioner Henley stated he met with one of the city commissioners a few weeks ago and he explained to her that based on the information he received from staff, it would cost the County to do that because their tax base does not bring in enough money to be able to do it. He said he indicated to the city commissioner that the County Manager would not have staff get engaged in this unless the County received a written request for same. Since their tax base doesn’t support that, he suggested that they may want to go to a hybrid situation where the Board might want to enter an agreement, but the City would have to pay the County additional money to subsidize their tax base.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize staff to proceed with the negotiation process of evaluating the possible merger/consolidation of the Casselberry Fire Dept. with Seminole County to see if something can be worked out.
Under discussion, Commissioner Carey stated if this is a losing situation for the County, then she would not support it. She stated she doesn’t think they know what the situation is until it is analyzed to see how it would work.
Commissioner McLean stated the County is not going to know what those numbers will be until they actually get involved in it. If they do have a gap, then they shouldn’t put the citizens in that position. He said he agrees with the thought process.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Chairman Dallari, Mr. McCollum advised at the last Board meeting staff brought forth an item for the prototype for (pedestrian) bridges that dealt with Red Bug and Aloma Ave. He stated staff met with the city of Oviedo on February 12 to discuss the prototype bridge and they indicated that they did not know what they wanted. He added he believes the best time they will get an answer from the City is within 30 to 60 days.
Chairman Dallari requested that staff hurry this along as they do not have 60 days.
Mr. McCollum stated he made it clear to the City that what he hears in the meetings is they need to deal with safety, they need to be cost effective and they need to look at future maintenance. He said if there is an enhancement, then the City needs to consider something. The other thing is he would like to bring the pedestrian overpass at Red Bug Elementary School issue to the Board in March. He explained the reason why he would like to bring that issue up is because the prices are good now and there may be some enhancement money for same.
Chairman Dallari stated he would like staff to inform the city of Oviedo to follow that same format.
Commissioner Henley recommended contacting Congressman Mica and Congresswoman Brown to let them know that the County would like to receive some stimulus monies for those projects.
Mr. McCollum stated he just wanted to bring forth authorization to get that item advertised.
CLERK’S REPORT (Continued)
Maryanne Morse, Clerk of Court, addressed the Board to state she has submitted an interim audit report relating to a situation at Environmental Services. The consultant, CH2M Hill, refused to provide a copy of their labor rates. She said this whole situation has her concerned and she is in the process of hiring a contracts auditor. She stated she feels there is enough danger and concern at this time in which they need dedicated staff on this issue. There are recommendations on page 3 of the report and five or six of them need to be brought back to this Board for some type of resolution at the next Board meeting. She requested that the County Manager place this item under her Clerk’s Report at the next Board meeting.
Commissioner Henley stated he has read this once and he is concerned about some of the things that have been pointed out as potential problems. He stated they dealt with one item this morning and that should never have occurred. He said he is looking for a fix to make sure the terms and conditions of the contract are being adhered to. After reading some of the preliminary findings, he is not sure that is happening. One of the things that concerns him is the issue raised around the fixed fee basis. He stated he doesn’t think the County Manager has had a chance to review this. He added he has great concerns about the fixed fee since they are refusing to provide information as to how they arrived with their figure. He said he would like to make sure that the qualified people are involved in this.
Commissioner Carey stated she feels they have the right to audit most of the contracts and if they find that they have been overcharged, then they have the ability to go back and be reimbursed. She stated she has concerns when their own staff cannot come up with rates that should be part of any contract, and work orders are being issued that don’t have enough documentation to be specific about what they are doing.
Commissioner Van Der Weide stated he has some major concerns as well. He said he is wondering how they got to this point and how much involvement the Purchasing Department had. He stated in his opinion, he feels the Purchasing Department is pretty efficient and he is surprised that some of these things were not pointed out during the process.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:20 p.m.